HomeMy WebLinkAboutM103172Oct:nber 31, 1972
STATE OI' CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:QU a.m. pursuant to adjournment.
Present: Supervisors pouthit, Ladd, Madigan, Maxon and Chairman Gilman,
Clifton Nickelson, Administrative Officer, Dan Blackstock, County Counsel,
and Clark A, Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk.
INVOCATION: Rev, Ralph Bowers, Jr. St. Paul's Episcopal Church, Oroville.
Pledge of allegiance to the flag of tEie Unit°d States of America.
72-1750 APPROVAL OF MINUTES
On motion o~ Supervisor Madigan, seconded by 5;:~.~~:rvisor Maxon and
unanimously carried, the minutes of October 24th, 1972 were amended to state
in Item 72-1728 that the hearing was continued to November 8 at 7:30 at the
Chico Memorial Hall.
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, the minutes of October 3, 1972 were amended to state in
Item 72-1609 that Resolution 72-180(a) was adopted setting the date of the
election for. County Service Area No. 45.
72-1751 COMI+NNiCATIONS
Mrs. Florence H. Styles, Paradise. Mrs. Styles protests. the sale of cars,
~o ~~~ v fruit and other items, and the parallel parking of trailers in front
of the Paradise Recreation az-ea. Discussed. See motion following
communications,
Mr. & Mrs. Gunnar Nygard, Paradise. Mr. and Mrs. Nygard also protest the
~O 0,~ ~ situation is front of the Paradise Recreation Center involving cars
and sale of various produce, etc. Sea motion following communications.
Mrs. Bernadine D. Guyton, Chico. Mrs. Guyton requests that Resolution No.
72-160, when amended, be read into the Board's minutes in full. (CSA ~~46).
Letter discussedo Resolution was corrected; no action taken at this time.
Edward L. White, Paradise. Mr, White asks the status of t}ze study of
methods used by the Butte County Assessor xox assessing of property,
l ~, d ~ and request that when the project is completed copies be made available
and also published in the Paradise Post. Letter discussed. A meeting will
be announced shortly and deliberations will take place,
Mrs. Judy Graves, Chico. Mr.s. Graves writes xe?arding bidding procedures
and suggests that the County take a look at the "high/low" procedures
as used in_Italy. Information.'•:
Lynn Wixom, Oroville. Mr, Wixom, as chairman of the Foothill Resident's
3,~ ~ League, requests that interim zoning of S-2 for a 90 day period and
~ encloses list of property owners to be included. To be discussed
when Planning Director is present.
Califoxnia State University, Chico. The University Library requests a copy
of the Butte County Code and asks that the fee for the code be waived.
See motion following communications.
Butte County Mosquito Abatement District. Mr. Hazelsine, district manager,
notifies Board that a vacancy has been created on the District's Board
~~ by the death of Mrs. Ruby Fallon on October 9, 1972, and requests
b ~' consideration of an appointment of a new trustee to fill the unexpired
term which ends on December 31, 1973. Mrs. Fallon was the appointee
from Supervisor Maxon's district. Discussed, Supervisor Maxon will
have an appointment in the neax future.
Page 393.
October 31, 1972
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County of Placer. The County sends copy of its Resolution No. 72-623
jib 0~~ opposing the application of sales tax to state and federal excise
taxes. Discussed. See motion following communicationso
State Department o£ Water Resources. The Department forwards Amendment
No. 5 to the water supply contract between the State and the County
of Butte which deletes all provisions concerning the power credit,
the surcharge and surcharge credit. They request consideration and
adoption of the amendment by resolution. Referred to County Counsel,
George Stamm and Administrative Officer,
Senator Fred Wo Marler, Jr. Senator Marler writes regarding our Resolution
72-185 expressing concern over the recent Supreme Court decision
/3 .~ concerning the Environmental Impact Law. Discussed; copies to be
made for Board members.
John Orme, Complaint concerning water seeping from the Thermalito Afterbay
and preventing him from cutting his rice. He states that the pumps have
~O S ~ not been working. He talked to the local representatives of the
Department of Water Resources and they assured him that the pumps would
be in operation but to date he has been unable to get into his fields,
Matter discussed, Administrative 0£ficer requested to call the local
office and then the Sacramento Office with a request that the pumps be
turned on and the matter handled as quickly as possiblea
Pacific Telephone and Telegraph Company, Letter states that the Company
/cam ~3 ~ agrees to the abandonment of their interest in the easement along the
North i2,ieet 'of Lot 16 in the Shady Brook Subdivision in Paradise.
Referred to Planning Department for handling,
C. A. Withingtono P, Go & E, transmission lines crossing the Countyo
Copies to be made for Board members,
Skow & Jones, attorneys at law, Claim of Diane Johnson, a minor, against
the Chico Unified School Districto Discussed, Return to Skow & Jones;
claim should be served on the School District.
John Zacharye Matter of shortening of deer season. Letter to be answered to
~,d ~ state that the Fish and Game Commission is studying this matter and will
report back to the Board after the first of the year. Copy o£ this
letter to be sent to the Fish & Game Commission of Butte County. ••
Safeguard, Environmental Research Group, Result of research of solid waste
x"/3.0 ~ problem existing throughout Butte County. Referred to Clay Castleberry,
James Crosby, Chairman of Gridley Neighborhood Activity Center Advisory Soard,
Z ~ ~ ~ Recommendation for fu1-time employment of Humberto Alvarez as
Community-aide and Youth Workero Referred to Administrative Officer.
72-1752 APPROVAL OF MINUTES OF OCTOBER 24. 1972
On motion of SupervisorMaxon, seconded~by Supervisor Madigan and
unanimously carried, the minutes of October 24, 1972 were approved
as amended.
72-1752 PUBLIC WORKS DIRECTOR TO STUDY PARKING PROBLEM ON SKYWAY AND TO
SUGGEST SOLUTION TO THE MATTER
Letters regarding the safe of cars ,, fruit and other items in front of
the Paradise Recreation ar@a discussedo Mra Castleberry stated that Captain
Flamm, Highway Patrol, had investigated the situation. Mre Castleberry stated
that if the Board desires, he could have prepared an ordinance providing
for a two-hour parking limit at this area, Parking limit discussed, Supervisor
Maxon said he would rather study the schedule. of meetings in that area and
then take action. Supervisor Ladd asked if it would be in order to direct
Public Works to look at the area and report back on his recommendations,
Page 394,
October 31, 1972
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On motion of Superviso~Madigan, seconded by Supervisor Ladd and
unanimously carried, Public Works Director was directed to study the
situation on the Skyway and bring back a solution for this situation to
the Board,
72-1754 COUNTY CODE AUTHORIZED TO BE GIVEN TO CHICO STATE UNIVERSITY
On motion of Supervisor Maxon, seconded by Supervisor Ladd and
unanimously carried, the Board authorized the providing of a County
Code to California State University, Chico, with the fee waived,
72-1755 COUNTY COUNSEL TO PREPARE RESOLTTION CONCURRING WITH RESO.LTJTI0IJ
OF PLACER COTJNTY: 0:°POSITION TO APPLICATION OF SALES TAX TO STATE & FEDERAL
EXCISE TAXES
On motion of Supervisor Maxon, seconded by Supervisor Douthit and
unanimously carried, County Counsel was authorized to prepare a resolutinn
concurring with resolution of Placer County, opposing the application of
sales tax to state and 'federal excise taxes,
72-1756 AUTHORIZE PREPARATION OF CONTRACT FOR SERVICES OF A CONSULTANT
TO MAKE STUDY OF DATA PROCESSING OPERATIONS
Hank Hindery, Data Processing Director, reported on the Data Processing
Study Committee meeting held to consider services of a consultant to study
the data processing operations in the County< Mr, Hindery talked to
Mr. Rowan of Paradise and Mr, Rowan looked over the data processing
operation here at Mr. 1Findery's request. Mr. Rowan talked to the members
of the Data Processing Study Committee and discussed what would be pursued
in this study. The Committee is now requesting approval to employ
Mr. Rowan as consultant, Terms of the contract explained. The fee is
based on a $10 per hour rate; the study would take approximately four to
six months and they have arrived at a cost of about $7,500. If they
find at the end of four months that they need more time, they will
come back to the Board and request further time and more money for the
study.
Time spent discussing the study and action that should be taken.
Supervisor Madigan felt the study should be approved, Mr, Hindery stated
that if a study is going to be undertaken, it should be done immediately,
On motion of Supervisor Maxon, seconded by Supervisor Ladd and
unanimously carried, County Counsel was authorized to draft a contract
with Mr, Rowan and bring it back to the Board for approval,
,/72-1757 PUBLIC WORKS DIRECTED TO IMPLEMENT TWO HOUR PARKING ON SKYWAY - RESOLUTION
Clay Castleberry, Director of Public Works, reported on the 72-Z93
telephone conversation he had with the Paradise Recreation and Park
District representative, Two years ago the District wrote a letter
to the Board of Supervisors and requested that the problem of parking
and the sale of items at the location near their site be solved. The
District have some programs that last over twa hours, but parking
could be handled on those days. The Recreation District felt that
this problem should be resolved at this time. Time spent discussing
this problem,
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, the Director of Public Works was directed to implement two-hour
parking restriction in the area on the Skyway near the Recreation District property,
adopting resolution 72-193 and Chairman was authorized to sign. -
Page 395, October 31, 1972
October 31, 1972
AYES: Supervisors Douthit, Ladd, Madigan and Chairman Gilman
NOES: Supervisor Maxon
72-1758 ADOPT ORDINANCE N0, 1297 ESTABLISHING SPEED LIMIT ON MYRTLE DRIVE, CHICO_
On motion of Supervisor Madigan, seconded by Supervisor Maxon and
unanimously carried, Ordinance Noo 1297 establishing speed limit on
Myrtle Drive, Chico, was adopted and the Chairman was authorized to sign.
72-1759 APPROVE AMENDMENT TO AGREEMENT WITH LARWIN, PARADISE PINES N0. 9,
TO INCLUDE A TWO YEAR TIME LIMT FOR COMPLETION OF IMPROVEMENTS
On motion of Supervisor 1:Iaxon, seconded by Supervisor Douthit and
unanimously carried, the subdivision agreement dated December 1, 1970
between County of Butte and Larwin for Paradise Pines No, be was amended
to include a two-year time limit for completion of improvements and
the Chairman was authorized to sign.
72-1760 APPROVE AGREEMENT OF SALE,,,R~GHT„OF i+1AY ACQTJISITION: SKYWAY FAS 757(4)
On motion of Supervisor Maxon, seconded by Supervisor Ladd and
unanimously carried, the agreement for sale for right of way acquisition for
Skyway FAS 757(4) was approved as follows, the Chairman was authorized to
sign and the Auditor was authorized to issue the warrant upon demand of
County's escrow agent:
Skyway FAS 757(4) A. Mo Wheeler Oo024 ac $1,596 No/impr. $1,596
72-1761 AUTHORIZE FUND TRANSFERS FOR VARIOUS PR0.7ECT5 ANA AUTHORIZE AWARDING
OF BID FOR SKYWAY PASSING LANE
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, fund transfers were authorized as follows:
(a) $3,000 from W0~~1853-Buschmann Road to WO ~k1855 -Skyway passing lane,
in order that contract can be awarded for this project; and awarded
the bid for the Skyway passing lane to A. Teichert, the low bidder,
in the amount of $27,711090,
{b) $4,650 from WO #5172 (completed project) to WO #5177-Durham Highway
bridge, This amount is needed to complete the project.
(c) $3,550 from WO ~~5172 (completed project) to the weed spray program,
This program is in cooperation with the Agriculture Department.
72-1762 INFORMATION AND DISCUSSION ITEMS
(a) North Chico sewage study, Clay Castleberry, Director of Public
Works, suggested that to provide more information for the public hearing
on this item, it might be well to have a recommendation from a consultant
on the cost of a study on the limits of the areas This would not be a bid
from a consultant, It might be that the County could talk one of the
consultants into giving an estimate on the cost of the study, It was
suggested that the Chaixznan pick one of the consultants to give a
estimated cost to make such a studyo Mr. Castleberry will supply the
names of the consultant for the Chairman's selectiono
(b) Lake Oroville dead-end road fishing rampsa Held over at this time,
(c) Skyway parking for retail saleso This has been handled earlier
in the meeting,
Page 396,
October 31, 1972
October 31, 1972
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(d) Building permits< Mr. Castleberry said they were having a
problem about the building permits that were being held up due to the
new policy, He said there were about 20 or 30 building permits that would
not affect the environment that are being held up. He said he would
present a recommendation on how these permits could be excluded. To be
discussed later in the meeting.
RECESS: 10:05
RECONVENED: 10:20
RECOGNITION OF MRS, CARL SWARTZLOW'S ADULT CLASS OF THE PARADISE UNIFIED SCHOOL
DISTRICT, MRSo SWARTZLOW EXPRESSED APPRECIATION FOR THE OPPORTUNITY OF
APPEARING AT THIS MEETING AND THANKED THE BOARD FOR THE TOUR OF THE COURTHOUSE
72-1763 PUBLIC HEARING SET: ROBERT CARR-PROPOSED REZONING FROM "A-2" AND "PA-C"
TO "A-SR" DISTRICT, NORTH OF BTG CHICO CREEK CHICO
A public hearing was set for Tuesday, November 28, 1972 at 1:30 p,m,
on the Robert Carr-proposed rezoning from "A-2" (general) and "PA-C" (planned area
cluster) to "A-SR" .(agricultural-suburban residential) district for that
property described as being east of the existing "A-3" district and north
of Big Chico Creek and being south and west of the intersection of Glenwood
Avenue and Oak Way.
72-1764 tiC~.CION TAKEN ON TENTATIVE PARCEL MAPS & TENTATIVE SUBDIVISION MAP
aim Lawson, Planning Director, reported on the tentative parcel maps
that had been sent back to the Planning Commission for consideration under
the Environmental Impact Act. He explained the action to be taken, All
the maps have the environmental impact statements attachedo The first
three parcel maps would have no significant effect on the environment. The
Butte County Staff Subdivision Committee have reviewed these parcel maps
pursuant to Butte County Ordinance ~~1296 and the Conservation Element of the
Butte County General Plan, Maps discussed.
On motion of Supervisor Maxon, seconded by Supervisor Ladd and
unanimously carried, the following parcel maps having been reviewed pursuant
to Butte County Ordinance 41296 and the Conservation Element of the Butte
County General Pian, the Committee finds that the maps are consistent
with the goals of the conservation element and have no significant effect
on the environment, said maps were approved, subject to the conditions set
out by the Planning Commission:
1. Mrso Harvey Van Meter - AP 46-38-41
2, Stanley Pearson, AP 42-19-04
3o Viola Baker, AP 46-08-38
Tentative Parcel Map of Roger Smith discussed. It is felt that
this division would have a significant effect on the environment as it relates to th
Conservation Element of the General Plan. It would be using agricultural
land for housing, and reduces potential for productivity, This is in the
West Chico Agricultural area. Mr, Lawson stated that the map meets all
existing County laws except for the environmental act, Discussed action
that should be taken.
Time spent discussing how the Board could handle all the maps without
handling each map individually.
and
It was moved by Supervisor Douthit,/seconded by Supervisor Maxon that
Page 397a
October 31, 1972
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tentative parcel maps 4 through 20 be approved with the findings that all
the maps are consistent with the General Plan and that the Board has
considered the reports concerning the environmental Quality Act.
Dan Blackstock, County Counsel, stated that the Board should bear
in mind that they would not be following the procedure that was adopted
by this Board if the above action was approved, Matter discussed;
Motion withdrawn.
On motion of Supervisor Douthit, seconded by Supervisor Maxon and
unanimously carried, with the understanding L-hat the Butte County Staff
Subdivision Committee has reviewed these parcel maps pursuant to Butte
County Ordinance ~~1296 and the Conservation Element of the Butte County
General Plan, adopts the finding relative to environmental review of the
Planning Commission, and finds that the maps are consistent with the goals
of the conservation element and that they have no significant effect on the
environment, the Board approved the following tentative parcel maps, with the
findings that they are consistent wiL-h the General Flan, and subject to the
conditions set out in the Planning Commission's report:
. 1. Jack Moore, AP 53-32-46, 4 lots, south side of Bille Rd. across
from Virginia Way, Paradise. Surveyor: Gary Lippincott
2. Wallace A. Herring •- AP 51-081-01, 4 lots, Oliver & Wagstaff Rds.,
Paradise, Surveyor: Gary Lippincott.
3, Gene F. Camp - AP 43-06-02 (portion of), 2 lots, Algonkin and
• 12th Ave., Durham,
4. Lee Gorman - AP 54-18-38, 3 tats, 5497 5. Libby Rd „ Paradise.
Surveyor: Gaxy Lippincott.
5, Leonard Dressor - AP 44-02-36, 4 lots, Garner Lane, Chico.
• Engineer: Walter Bo Gximes & Assoca
6, William Ho Fox - AP 37-26-77, 2 lots, Feathervale Dr., Oroville.
Engineer: Walter Be Grimes & Assoc.
7. Richard Lindmeier - AP 2b-28-04, 2 lots, Williams Ave. off Occidental,
Palermo, Engineer: Kendall Engineering.
8, Vern Allman - AP 26-17-05 & 07, 4 lots, on Kenilworth Ave „ near
• - Palermo Rd ,, Palermo. Engineer: Kendall Engineering
9. Rudy Schott - AP 123•-03 & 52-15-31, 2 lots, on Almond St., near
Elliott Rd „ Paradise, Surveyor: John W, Hamby
loo Daniel D. Hegenbart, AP 51-04-58 & 04, 4 lots, Lincoln Dr., near
Sunset Way, Paradise, Surveyor: John W. Hamby '
11. Imre Toth, AP 50-10-54, 4 lots, Pentz-~iagalia Hwya, above Dreyer
Lane, Paradise, Surveyor: John W. Hamby
l2. Paul Dusserre, AP 56-30-01, 4 lots, west of Doe Mi11 Rd. off
Garland Rd., Forest Ranch,, Surveyor: Gary Lippincott>
It was mo•.~ed by Supervisor Maxon, and seconded by Supervisor Douthit
that the tentative parcel maps set out below be approved, with the finding
that they are consistent with the General Plan:
Roger Smith, AP 42-21-46, 2 lots, Qah Park Ave „ approx. 1500 ft. west
of Rose Ave „ Chico. Engineer: Walter Bo Grimes & Assoc,
Harvey Smith, 4~2-21-IO (portion of), 3 lots, Oak Park Ave., Chico.
Engineer: Walter B. Grimes & Assoc.
AXES: Supervisors Douthit and Maxon
NOES: Supervisors Ladd, Pladigan and Chairman Gilman
Motion failed. Page 398,
October 31, 1972
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On motion of .Supervisor Madigan, seconded by Supervisor Ladd and
carried, the following tentative parcel maps were disapproved, as recommended
by the Planning Commission, as they are not consistent with the General Plan
and the Board adopts the Finding relative to the environmental review:
Roger Smith, AP ~2-21-~+6, 2 lots, Oak Park Ave „ approxe 1500 ft.
west of Rose Ave „ Chico, Engineer: Walter B, Grimes & Assoc.
Harvey Smith, AP ~+2-21-10 (portion of), 3 lots, Oak Park Ave „ Chico,
Engineer: Walter B, Grimes & Assoc,
AYES: Supervisors Ladd, Madigan and Chairman Gilman
NOES: Supervisors Douthit and Maxon
aim Lawson, Planning Director, reported on the tentative parcel map
of Fred Wohlschlagel. It was felt by the Planning Commission that this
map would have a significant effect on the environment as it relates to
the Conservation Element of the General Plan. The specific findings
regarding factors as they relate to the Conservation Element of the
General Plan are: winter deer migration area, Supervisor Ladd felt that
Butte County does not have a shortage of deer ranged
On motion of Supervisor Maxon, seconded by Supervisor Douthit and
unanimously carried, the Board rejected the findings of the Planning Commission
concerning the tentative map of Fred Wohlschlagel, and approved the tentative
map, with the finding that the map is consistent with the General Plan,
Mr, Lawson, Planning Director, reported on the map filed by Paul Ausserre,
AP 56-30-01, ~r lots, west of Doe Mi11 Rd. off Garland Rd „ Forest Ranch,
The Planning Commission finds that this project will have an significant
effect on the environment as it relates to the Conservation Element of the
General Plana The specific findings regarding factors are that it would
be injurious to wil',life, timber land, long term productivity, scenic
value, water shed, and may cause siltation and erosion problems. Environmental
Quality Act statement discussed,
On motion of Supervisor Maxon, seconded by Supervisor Douthit and
unanimously carried, the findings of the Planning Commission were rejected,
and the following tentative parcel map was approved, with the finding that
it is consistent with the General Plan:
Paul Dusserre, AP 56-30-O1, 4 lots, west of Doe Mi11 Rd, off Garland
Rd,, Forest Rancho Suxveyor: Gary Lippincott.
Mr. Lawson explained the map of C. Cochran, 46-57-50. It was felt by
the Planning Commission in the Environmental Quality Act study that this
project would have a significant effect on the environment as it relates to
the Conservation Element of the General Plano The specific findings
regarding factors as they relate to the Conservation Element of the
General Plan are: parcel splits are effecting scenic value and eventually
effecting the creek; there will be a loss of scenic value and a loss of
Butte Creek water qualityo Report discusseda It was the recommendation
of the Planning Commission to deny the land division or change the lot
sizes to 1-5 acreso Mr. Lawson stated that the applicant had sent them
a letter stating that he would concur with making only 2 lots, rather than
the requested 3 lots, and would thus be consistent with the General Plan,
On motion of SupervisorMaxon, seconded by Supervisor Douthit and
unanimously carried, the tentative parcel map for C, Cochran was approved, for
Page 3990
October 31, 1972
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two lots only, adopts the findings relative to the environmental review of
the Planning Commission and finds that the map is consistent with the
general plan, and subject to the conditions of the Subdivision Committee,
Mr, Lawson explained the tentative parcel maps recommended for exception.
On the map of Kenneth R. Nielsen, AP 41-47-09, 4 lots, northeast of Lime
Saddle Power House and East of Oro-Pentz Highway, Paradise, the Planning
Commission felt the project would have a significant effect on the environment
as it relates to the Conservation Element of the General Plan. The
specific findings regarding `actors as They relate to the Conservation Element
eE the General Plan: it will cause large cuts and fills, erosion on water
shed of Lake Oroville, additional siltation and scaring of scenic area
visible from Lake Oroville; it will cause drainage problems and this is a
migratory deer area. The applicant requested deletion of access on the
radial curve and the grade that does not meet the subdivision ordinance.
Map discussed.
On motion of Supervisor Maxon, seconded by Supervisor Douthit and
carried, the tentative parcel map was approved with the exceptions, for
Kenneth R. Nielsen, AP 41-47-09, 4 lots, northeast of Lime Saddle Power House and
east of Oro-Pentz T~wy., Paradise; rejected the findings regarding the
Environmental Quality Act, with the finding that the map is consistent
with the General Plan, and subject to the conditions of
the Subdivision Committee.
The map of Gary W. Hobson, AP 42-09-45, 3 lots, Hwy, 32 near Kennedy,
"John Bidwell Rancho", Chico, explained by Mr. Lawson. He said that this
is a map that is being created under questionable circumstances, They are
asking for exception to the lot depth, The depth. is less than the 100'
required. The Planning Commission in their environmental Quality Act review
felt that the project would have a significant effect on the environment
as it relates to the Conservation Element of the General Plan, It will
cause depletion of Agricultural lando Map discussed,
It was moved by Supervisor Ladd, seconded by Supervisor Madigan and
carried that this map be set over for two weeks, subject to extension of
time being filed by the applicant, or if extension of time is not received,
then the map will be denied by this action,
AYES: Supervisors Ladd, Madigan and Chairman Gilman
NOES; Supervisors Douthit and Maxon.
Approval of the tentative subdivision map for Hillpark Subdivision,
24 lots, east side of Pentz Rd „ 1,000 ft, south of Stearns Rd., Paradise
discussed. Ourner: Dean Samsel & S, 0. Shay. Engineer: Kendall Engineering.
Mr. Lawson stated that this was recommended for approval, subject to nine
conditions. The Butte County Staff Subdivision Committee has reviewed
this parcel map pursuant to Butte County Ordinance ~~1296 and the
Conservation Element of the Butte County General Plano The Committee finds
that the map is consistent with the goals of the conservation element and has
no significant effect on the environments Conditions set out and discussed,
Mr. Castleberry stated that there has been concern expressed concerning
the cul-de-sac, Supervisor Douthit felt that this type street is safe and
that there is enough land to turn vehicles. Mro Castleberry felt that the
right-of-way dedication should be granted for the one foot strip at the
end of the cul-de-sac. Chairman Gilman felt that it would not alter the
developers plans to provide the access. Time spent discussing the extension
Page 400.
October 31, 1972
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of the cul-de-sac.
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
unanimously carried, the tentative subdivison map of Hillpark Subdivision
was approved, subject to the conditions of the Subdivision Committee, and
the reservation of the one foot strip at the end of the cul-de-sac, adopts
the findings of the environmental quality act review, with the finding
that the map is consistent with the General Plan.
Mr. Laws~n=stated that the Feather River Forest Acreages subdivison
map was still under consideration. The Environmental Impact review has
not been filed, Matter put over at this time,
The tentative parcel map of Howard G. Dotts, AP 53-15-50, 4 lots,
off of North Libby Road, Paradise, presented for discussion. This map
has been recommended for denial by the Subdivision Committee and concurred to by
the Planning Commission for inadequate accesse Map discussed,
It was moved by Supervisor Maxon and seconded by Supervisor Douthit
that the Howard Go Dotts tentative parcel map be approved with the 60'
dedicated right of way on the applicant's property, the environmental
impact review was adopted, with the recommendation that there if some
hardship involved in this map,
AYES: Supervisors Douthit and Maxon
NOES: Supervisors Ladd, Madigan and Chairman Gilman
Motion failed,
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, the tentative parcel map of Howard G. Dotts was set over for
two weeks, if the applicant will waive the time on this map and bring
back a recommendation concerning the road, and if the applicant does not
waive the time on this map, then the map is denied.
AYES: Supervisors Ladd, Madigan and Chairman Gilman
NOES: Supervisors Douthit and Maxon.
RECESS: 12:00
RECONVENED: 1:.30 p.m. All Board members present,
72-1765 CONTINUED PUBLIC HEARING: PROPOSED REZONING FROM "A-3" TO "A-2 LTD."
DISTRICT FOR PROPERTX LOCATED ON THE NORTHWEST CORNER OF NORD AVENUE & EAST AVE
The hearing on the proposed rezoning from "A-3" to "A-2 Ltd." District
for property located on the northwest corner of Nord Avenue and East Ave.,
Chico was held as continued. Jim Lawson, Planning Director, set out what has
taken place to date. This was recommended for approval by the Planning
Commission.
Chairman Gilman asked if there was anyone in the audience that
would like to speak in opposition or in favor, No one appeared in opposition
to the rezoning. Mr. Verzi, applicant, appeared in favor of the rezoning,
The environmental impact review was negative,
Hearing closed to the public and confined to the Board.
72-1766 ADOPT ORDINANCE N0. 1298 AMENDING ORDINANCE 1279, CONSOLIDATING
A-2 LTD. DISTRICTS
On motion of Supervisor Ladd, seconded by Supervisor Douthit and
Page 401e October 31, 1972
October 31~ 1972
unanimously carried, Ordinance No. 1298 amending County Ordinance 1279, con-
solidating A-2 Ltd, Districts (for property located on the northwest corner
of Nord Avenue and East Avenue) was adopted and the Chairman was authorized
to sign.
72-1767 PUBLIC HEARING - CONTINUATION OF THE R. L, SCARBROUGH PROP05ED REZONING
FROM "A-2" (GENERAL) DISTRICT AND "S-H" (SCENIC HIGHWAY) DISTRICT TO "S-2"
FOR PROPERTY WEST OF CLARK RO~~ ETC
The continuation of the public hearing on the R. L, Scarbrough proposed
rezoning from "A-2" (general) district and "S-H" (scenic highway) district
to "S-2" (medium density suburban residential} district for that property
generally described as being west of Clark Road approximately 12 miles north
of the intersection of Pentz Road and Clark Road, Parcel No, 41-41-18 and
41-41-24, containing 99 acres ,more or less, Paradise, was held at this time.
Mr. Lawson summarized the actions of the Planning Commission in this matter.
This was recommended for approval by the Planning Commission,
Chairman Gilman stated that the Butte Community College has requested
that this hearing be continued to November 13 so that Mr. Schlueter
could speak on this matters Discussed continuing the hearing to that date,
Supervisor Madigan felt the matter should be continued and allow the
College to speak on the matter,
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
unanimously carried, the hearing on the proposed rezoning for R. L.
Scarbrough for that property west of Clark Road approximately 12 miles
north of the intersection of Pentz Road and Clark Road, Paradise, was
put over to November 13, 1972 at 1:30 p,m.
72-1768 ADOPT ORDINANCE N0, 1299 AN INTERIM ORDINANCE ZONING A PORTION OF
THE COUNTY OF BUTTE AN "S-2" (SUBURBAN RESIDENTIAL) REQUESTED BY FOOTHILL
RESIDENT'S LEAGUE, OROVILLE
Chairman Gilman question Mr. Lawson concerning the letter from Lynn
Wixom, Oroville, as chairman of the Foothill Resident's League, concerning
a request for interim zoning of S-2 for a 90 day period,' Request discussed,
Supervisor Douthit said this is the type action he has advocated, Requests
for rezoning for any area should be presented by the residentsa County
Counsel explained how these matters are handled,
Time spent discussing whether the interim zoning should be adopted
at this time or put over for two sueeks,
On motion of Supervisor Douthit, seconded by Supervisor Madigan and
unanimously carried, Ordinance No, 1299 an interim ordinance zoning a
portion of the County of Butte an "S-2" (suburban residential) district
was adopted and the Chairman was authorized to sign,
72-1769 APPEARANCE: JAMES HANSOAT,_OROVILLE
James Hanson, Oroville, presented a statement to the Board concerning
,..-~ a matter which. he felt was a conflict of interest. He feels that there
~~`-~'' was a conflict of interest in the matter of Jack McKillop handling the
insurance for the Thermalito Irrigation District, He said he hoped that
action would be taken in this matter. No action taken,
72-1770 APPEARANCE OF MRS. EDNA SNYDER, PA__RADI_SE, SENIOR AFFAIRS BY-LAWS
Mrs, Edna Snyder, Paradise, interim Chairman of Senior Affairs,
presented the by-laws for the organizati on, They request approval of
the by-laws by this board. By-laws taken under advisement and action
to be taken at the next meeting.
Page 402,
October. 31, 1972
-- -----------Octobes31,39a2---------------
72-1771 APPEARANCE OF TOM 1CLSEY, BUTTE COUNTY COORDINATOR FOR PROPOSITION 420
Mr. Tom Kesey, Chico, Butte County Coordinator for Proposition ~k20,
presented endorsement of Proposition ~~20 to the Board members. Mr. Kesey
set out the background of this bill. He said that this proposition would
allow the general public to have access to the shore line. He explained
how this proposition would be handled, Proposition discussed; no action
taken at this time,
72-1772 APPEARANCE OF BILL TOMPKINS, PARADISE
Mr. Bill Tompkins, Paradise, said he would like to discuss data
processing procedures. He felt that the companies who offered their
services to the County should have known the needs of Butte Countyo
He said that when Department heads are employed they should know what
they are doing. Supervisor Madigan said he felt the County was hiring the
consultant because they wanted an unbiased opinion concerning the data
processsing operation. Mro Tompkins said he was trying to find out why
the study was being made; cahy didn't the County have this knowledge when
they purchased this equipment. Matter explained; no action takena
72-1773 APPEARANCE OF MR. DEAN SAMSEL: APPROVAL OF HILLPARK SUBDIVISION
Mr, Dean Samsel spoke on the action the Board had taken concerning
Hillpark Subdivision. Mr, Samsel is one of the owners of this development.
He explained his opposition to the requirement of the one foot strip at
the end of the cul-de-sac. He said the fire chief had told him that the
fire trucks could make a turn on the cul-de-sac. It is felt that this
cul-de-sac provides a nice closed-in community that people like. Mr. Samsel
requested the Board to reconsider their action of this morning. Supervisor
Maxon said he has no objection to the cui-de-sac but it was felt that an
easement should be provided to the east of the property. Mr. Samsel said
the easement would restrict the last two lots at the end of the cul-de-sacs
Time spent discussing the request of Mr. Samsel.
On motion of Supervisor Maxon, seconded by Supervisor Douthit and
carried, the tentative subdivision map for Hillpark Subdivision with
the cul-de-sac, but without the right of way easement at the end of the
cul-de-sac, which had been approved during the morning session9 was approved.
AYES: Supervisors Douthit, Ladd and Maxon
NOES: Supervisor Madigan and Chairman Gilman
72-1774 APPROVE CHILDREN'S HOME SOCTET_Y CONTRACT
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
unanimously carried, the contract for Child Welfare Services between the
County of Butte and Children's Home Society was approved and the Chairman
was authorized to signe
72-1775 ADOPT RESOLUTION 72-194 IN OPPOSITION TO PROPOSITION 20
On motion of Supervisor Madigan, seconded by Supervisor Maxon and
unanimously carried, Resolution 72-194 in opposition to Proposition 20
was adopted and the Chairman was authorized to sign.
72-1775 APPROVE NOTICE OF COMPLETION OF COURTHOUSE FACILITY
Dan Blackstock, County Counsel, presented the Notice of Completion of
the Superior Courts Building, He requested that the Chairman be authorized
to sign this notice today and then have it sent down to Cenval Leasing Corporation
for their signatures Notice discussed,
Page 403.
October 31, 1972
___ ________==Qctohex3131922_______________
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
unanimously carried, the caork on the Butte County Superior Courts Building
by Neves Construction Company, was accepted, subjected to the punch list
and the conditional acceptance of the roof (2 year), the Chairman was
authorized to sign the Notice of Completion and County Counsel was directed
to forward the Notice of Completion to Cenval Leasing Corporation for their
approval,
72-1777 APPROVE THE GRANT MODIFICATION: SECTION 5 PEP GRANT EXTENSION
On motion of Supervisor Douthit, seconded by Supervisor Ladd and
unanimously carried, the grant modification for Section 5 PEP grant
extension through December 15, 1972 was approved and the Chairman was
authorized to sign.
72-1778 REPORT ON VEHICLE BIDS: At~ARD OF BIDS
Clif Mickelson, Administrative Officer, presented a summary of vehicle
r ~ bids. He stated that the underlined items were the low bids, He explained
~(~!~ which departments would receive the 8 intermediate sedans. One would go to
Constable Bachand, one to Dr. Heindl, one to Jim Glanders, one to Alva
Mitchell and 4 to the Sheriff's Departmento Mr, Struthers, Purchasing Agent,
stated that if the cars were purchased from the State, the county would sell
the remaining vehicles at a public auction. Mr. Struthers stated that the
Sheriff had requested to be given the opportunity to speak to the_Board i£
the Board leaned towards compact cars,
Awarding of bids for the vehicles discussed.
On motion of Supervisor Madigan, seconded by Supervisor Maxon and
unanimously carried, the following vehicle bids were awarded to the Iow
bidders:
3/4 ton pickup (4 x 4} Hobbie Ghevrolet $3,414.04 (Chew,)
Utility Vehicle (4 x 4) Pahl-Goodhue Ford $3,967.75 (Jeep)
G. Vo W. Cab & Chassis Bi11 Byers, Inc. $6,153.46 (Int'lo)
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
unanimously carried, the low bid of Sierra Dodge was accepted for a i ton
pickup with Tailgate loader, at a cost of $3,157.51, with delivery in
90 days.
On motion of Supervisor Ladd, seconded by Supervisor Douthit and
unanimously carried, the following vehicles were authorized to be purchased
from the State:
Items 3 - i ton pickup
4 - Z ton pickup
Time spent discussing vehicles listed under Items 1, la, and 2,
It was felt that it should be decided which vehicle was to be used where.
The Administrative Officer stated he needed direction as to whether the
vehicles were to be purchased locally or from the State. Supervisor Douthit
said he would like to see that the Department that was going to use the
vehicle have some say in the matter,
On motion of Supervisor Douthit, seconded by Supervisor Maxon and
carried, the Purchasing Officer and the Administrative Officer were requested
to meet with the departments that are going to use these vehicles and
determine their desires concerning the vehicles, and the cars will be purchased
fxom the State bids.
AYES: Supervisors Douthit, Madigan, Maxon and Chairman Gilman
NOES: Supervisor Ladd
72-1779 SETTLEMENT OF CREDITOR'S CT,AIM PiTT_ OVER TO NEXT MEETING
Settlement of creditor's claim discussedo The Collection Supervisor
recommends that claim against the estate of a former hospital patient in
the amount of $305014 be settled for $150 as offered by attorney of the estate.-
Page 404. October 31, 1972
October_31,_1972
Supervisor Madigan felt the matter should be further investigated, He
said he did not believe the figures that had been listed in the report.
On motion of Supervisor Madigan, seconded by Supervisor Douthit and
unanimously carried, the settlement of creditor's claim for a former hospital
patient was put over to the next Board meeting.
72-1780 BUDGET TRANSFERS APPROVED
On motion of Supervisor Maxon, seconded by Supervisor Ladd and
unanimously carried, the following budget transfers were approved:
B-16 Biggs Justice Court - $350 from salaries and wages regular to
transportation and travel
B-18 Chico Marshal - $50 from office expense to clothing and personal
supplies
B-19 Public Works - $3,000 from Buschman Road, $8,200 from Canyon
Highlands projects and distributed as follows;
$3,000 to Skyway passing lane, $4,b50 to
Durham Highway and $3,550 to road maintenance-
weed spraying
72-1781 APPOINTMENTS TO MENTAL HEALTH ADVISORY BOARD: NO ACTION
Appointment to Mental Health Advisory Board discussed. A Miss Murial
Young has been suggested by the Advisory Boardo Appointment put over to
next meeting.
72-1782 CHANGE OF BOARA MEETING DATE FOR NOVEMBER 14 1972 to NOVEMBER 13, 1972
Discussed the change of Board meeting date for November 14, 1972 to
November 13, 1972. Clerk will .notify the papers of the changed This meeting
today will be a recessed meeting to November 13, 1972; no legal notices
will have to be given in this ways
72-1783 REPORT ON JOHN ORME'S WATER PROBLEM
Clif Nickelson reported on the request of John Orme concerning water
in his rice fields. He said he has been in contact with Mro Johns at the
Oroville Dam site. The problem has been checked by the local office of
the Department of Water Resources, The pumps are set to cycle in that
area. As far as they can ascertain, the-pumps are working. Supervisor
Madigan stated that Mr. Orme had said the pumps were not working.
Mr. Nickelson was requested to call Mr, Gianelli, State Director of Water
Resources in Sacramento this afternoon. Mr. Nickelson will place the call
and report back to the Board,
72-1784 AAOPT ORDINANCE N0. 1300: AMENDING ORGINANCE N0. 1296, AN URGENCX ORDINANCE
Clay Castleberry, Director of Public Works, presented a proposal to
amend Ordinance No. 1296, the environmental control act ordinance. This
would add additional items to the exceptions. Changes explained and discussed.
These changes will help process the building permits that are being held up,
Mr. Castleberry said this would be an urgency ordinance.
On motion of Supervisor Maxon, seconded by Supervisor Ladd and
unanimously carried, Ordinance No. 1300 an urgency ordinance amending
Ordinance No. 1296 was adopted and the Chairman was authorized to sign.
72-1785 DISCUSSION: APPLICATION OF FUNDS FOR CONCRETE BOAT RAMPS
Clay Castleberry, Director of Public Works, reported that the
application for $170,000 for concrete boat ramps has been approved by the
State with a lot of conditionso He said the Lake would be at the
maximum low point on December 15th, Mr. Lawrence, assistant County Auditor,
had suggested the condition that the State send the County the money before
the Covnty spends ito Generally the State desires that the County spend
County money for these items then apgly to the State for reimbursement,
Contract for these ramps discussed,
Page 405.
October 31, 1972
______________Qc~obeY31~ 192=====-_______
Mr. Castleberry staked that there is no cancellation provisions on
the County's part. There is a provision in the contract that states that
if the County does not comply with the rules, the State could cancel the
County out in 30 days. Conditions explained.
Mr. Lawrence said he felt the conditions could be worked out.
He said that maintenance costs concern him.
Time spent discussing the contracts and the time it would take
to push this matter through. Mr, Castleberry said if the County waits
too long, they will not be able to get the ramps down to the low water
level. Ramp structure explained by Mr, Castleberrya
Neil McCabe, deputy county counsel, said he was sure that the
30 day default clause will answer the County's problem. Dan Blackstock,
County Counsel, said the Board has to decide whether they are going into
the recreation business and build the ramps around the Lake. Mr. Blackstock
explained the matter of gersonal liability concept, If the County puts
in the ramps and maintains them, the County will be in the recreation business.
Mr. Blackstock said the Board would be committing the County for twenty years,
Mr. Blackstock said he wanted the Board to realize that this is a policy
decision for this Board to decide. He explained the steps that have to be
taken to get the contracts cleared through the State departments.
Mr. Blackstock said that if the Board wants to think on this matter,
he should ask the State for an extension of time. The Board members had
n o abjection to that line of thought. Mro Castleberry will request an
extension from the State and will report back to the Board on the matter.
72-1786 DISCUSSION: LOANS TO THE COUNTY HOSPITAL
Supervisor Madigan questioned Mr, Lawrence about the memo from
Mr. Johnson, business manager of the County Hospital concerning the loans
to the hospital. Mr. Lawrence explained the matter of the loans to the
hospital. Memo discussed, No action taken.
72-1787 DISCUSSION: LETS R CONCERNING PALM TREES THAT ARE SHEDDING
Supervisor Ladd stated he had a letter sent to Mr. Castleberry about
the palm trees that are shedding, Mr. Castleberry said he would handle
the situation.
72-1788 APPEARANCE OF MRS_. MARX ANN LERNER THERMALITO-COUNTY SERVICE AREA N0. 26
~~`c ~ Mrs. Mary Ann Lerner, Thermalito, appeared concerning County Service
S ~ Area No. 26. She protested the legality of the Board of Directors of the
C d' Z ~ Thermalito Irrigation District Board of Directors purchasing pipe for this
~J•
{}lea area. Supervisor Maxon requested that County Counsel report on the
t"' legal authority of the County Board regarding County Service Area No. 26.
No action taken at this time,
RECES5: The Board recessed at 4:00 to go into an executive session.
RECONVENED: The Board reconvened at 4:35 following an executive session.
72-1789 ANNOUNCEMENT: ARRIVAL AT AGREEMENT CONCERNING COUNTY OF BUTTE VS.
MAXWELL
Dan Blackstock, County Counsel, announced that they had reached an
agreement on the County of Butte vs Maxwell matter, Superior Court Action
No. 53237, This concerns access roads in the West Paradise area. The
agreement provides for construction of roads in the west Paradise area.
RECESS: The Board recessed at 4:40 to reconvene on Wednesday, November 8,
1972 at 7:3D p.m. in Chico at the Chico Memorial Ha11.
Paae 4060