HomeMy WebLinkAboutM111372November 13, 1972
RECONVENED: The Board reconvened at 9:00 a.m. Present: Supervisors Ladd
Madigan Maxon. arid.,Chai-nman~Gihman. C1iE Mickelson Administrati•~e Officer
Dan Blackstor_k County Counsel and Clark A. Nelso_i County Clerk, by Margie
Catt, Board of_ Supervisors Clerk.
Absent: Supervisor Douthit.
INVOCATION - Rev. Lenehan, Sacred Heart Catholic Church, Gridley
Pledge of allegiance to the Flag of the United States of America
72-1791 APPROVAL OF MINUTES:
On motion of Supervisor Maxon. seconded by Supervisar Madi~~an and
carried, the minutes or October 31 1972 were approved as mailed.
72-1792 COMMUNICATIONS
Supervisor Glynn Douthit. Resignation as Supervisor of the First District,
to be effective as of 9:00 a.m. November 13, 1972. Letter read;
no action taken.
County of Yuba. A committee of friends and associates of Eber F, Beilby,
Sutter County supervisor, extends an invitation to a retirement dinner
honoring him on Friday, December 8, 1972, Mr, Beilby is retiring after
2b years of county service. Information. No action taken.
Honey Run Covered Bridge Association, Inc, The Association extends an
invitation to attend the "Drive-Through" at the Honey Run Covered
Bridge November 19. Information. Board members to attempt to be
present at this activity.
Mrs, P, C. Roberts, Paradise, Mrs. Roberts expresses her thanks for the
action taken to eliminate the "used car lot" on Skyway. Read; no
action needed.
Paradise Garden Club, Inc, Mrs, C, R, Reidel, corresponding secretary,
thanks the Board for its action in dealing with the problem in front
of the Paradise Recreation Center, No action needed.
Mr, Ed Ea r1 Repp, Paradise. Mr, Repp writes regarding a dangerous section
of the Skyway just above Burton's and suggests that a barrier be placed
along the Canyon side of the highway at this spot, Referred to
Director of Public Works, for answering.
Preston K. Minto, Investments. Mr. Minto forwards copy of his letter
to Mr, Castleberry re Waters Subdivision recording of map Unit ~~2,
He requests Board action on the subdivision on Monday, November 13.
Mr. Castleberry explained this situation; no action taken.
Clyde D. Miller, Durham. Mx, Miller writes regarding a problem of pigs
being kept by a neighbor approximately 100 ft, from his house.
Discussed; no action taken.
Russell A, Combs, Paradise, Mr, Combs writes regarding the condition on the
Skyway at the Recreation Center urging the Board to take action to correct
the situation. Situation handled; no action needed.
Mr, and Mrs. Clayton M. Chittim and Mr, and Mrs. Glenn M, Maxwell. The Chittims
and Maxwells file request that their property, AP 57-06-068, be included
in County Service Area No, 4. Discussed. Referred to Clay Castleberry
for handling under annexation proceedings.
Yahi Group of the Sierra Club. Charles W. Allen, chairman, writes to oppose
the installation of a parking lot on county land on the north side of
Lindo Channel at Mariposa Avenue, He states that the directors of
Chico Area Recreation District approved such installation, Discussed;
no action taken.
Page 409.
November 13, 1972
y
November 13, 1972
Chico Area Planning Advisory Committee, Hogan Matthews, chairman, responds
to the Boaxd of Supervisors request that the Committee study and make
. recommendations on the proposed widening of State Highway 32 from Big
Chico Creek to Lindo Channel. He feels that this does not fall within
the scope of duties or study of the Committee and asks that it be directed
to the proper city and county officials who have jurisdiction in this
matter. No action needed.
Butte County Mental Health Advisory Board, Dr. Stewart Bedford writes regarding
the resignation of Miriam Montgomery from the Advisory Board and encloses
her signed resignation. He requests that the Boaxd consider the appointment
of Muriel Young as a replacement now that this matter has been cleared,
Discussed; no action taken.
State Division of Water Quality Control. The Division sends notice
regarding 1972-73 project list, The community of Paradise did not
submit project report for $700,OOfl grant, and if it is desired the
project be considered in a future fiscal year, notification should be
given to the regional board which will submit its recommendation to the
State by December 31, 1972, Discussed. If election in this matter does
no pass, then no action will be needed.
Public Utilities Commission, The Commission sends notice of application
d~51774 re rate increase for Pacific Teleghone. Discussed; no action
taken,
Governor Reagan. The Governor writes regarding the State Supreme Court's
decision in the Mammoth-Mono County case. Discussed. Dan Blackstock.
County Counsel, informed the Board that a new bill has been introduced
in this matter, The opinion has been modified along the lines of
Butte County's ordinance. It was felt that County Counsel should do
all he can to see that the Legislature amends the opinion to clarify
the meaning of the opinion. It was felt that Mr_ Blackstock should
be authorized to attend the hearings and express the feelings of this
Board to the effect that the decision should not include private property.
See motion following communications.
Butte County Mosquito Abatement District. Appointment of Trustees.
Read and put over at this time, Copies to be made for Soard members.
State Fire Marshal. Butte County Superior Court building. Copies to be
made for Board members.
Petition for road improvement. Petition to improve the Sald Rock Road at
its intersection with the easterly end of the Zink Ranch Road, Referred
To Director of Public Works for study and a written report to the
Board members,
Department of Parks & Recreation. Public participation in the Department's
Off-highway vehicle study. Discussed. Copy referred to the County
Recreation Committee,
72-1793 COUNTY COUNSEL AUTHORIZED TO ATTEND HEARINGS CONCERNING MAN~FOTH-MONO
DECISION
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
carried, Dan Blackstock, County Counsel, was authorized to attend hearings
concerning the Mammoth-Mono case.
72-1794 RESPONSE TO ANNUAL AUDIT: COMMUNITY ACTION AGENCY: CHAIRMAN TO SIGN
LETTER OF TRANSMITTAL
Pursuant to regulations from San Francisco, it is required that the
Governing Board respond to the recent audit by Bartig, Basler and Ray.
Clif Mickelson, Administrative Officer, stated that copies of the audit and
responses had been sent to the Board members. Mr, Mickelson said the audit
had been reviewed with the Administering Board, with the staff and with
Page 410.
November 13, 1972
November 13, 1972
County Auditor. A response to the audit has been prepared for the Chairman's
signature. Procedures to be followed set out and discussed. Response
discussed. Supervisor Maxon said that it was imperative that the Director
of OEO be bonded. The Auditor has taken the position that these people
are covered under the County's blanket bond. Matter of bonding discussed.
Time spent discussing the audit. Mr. Nickelson said they still
have not disposed of all the assets of the wood cutting operation. San
Francisco has insisted that the New Era operation should be audited.
Matter discussed.
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, the Chairman was authorized to sign the letter of transmittal.
AYES: Supervisors Ladd, Madigan and Chairman Gilman
NOES: Supervisor Maxon
72-1795 APPROVE PERSONNEL POLICIES: COMMUNITY ACTION AGENCY
Personnel policies and by laws for the Community Action Agency discussed.
Changes to the by-laws set out and discussed. The responsibilities of the
governing board set out in the personnel rules. Supervisor Ladd suggested
that if there is no urgency to these matters, they should be set over and
have them written more clearly. Mr, Nickelson said the County was under
the deadline already. He said that if the Board was going to hold over the
by-laws, maybe they could approve the personnel rules. Request discussed.
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, the personnel policies for the Community Action Agency were
approved, with the by-laws being held over at this time.
AYES:. Supervisors Ladd, Madigan and Chairman Gilman
NOES: Supervisor Maxon
RECESS: 10:00 a.m.
RECONVENED: 10:15
SUPERVISOR MAXON ABSENT AT THIS TIME
72-1796 APPROVE NOTICES OF COMPLETION: EAST 5th AVE. BRIDGE, TOPICS PROJECT:
NOTICE OF COMPLETION, PARADISE PINES UNITS 4 & 8: APPROVAL OF PLANS AND
SPECIFICATIONS: ORD FERRX ROAD, FAS PROJECT
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, the following action was taken:
1. Accepted the work of Robinson Construction Co,, Inc. for the
reconstruction of LaPorte Road between Lower Honcut Road and 1.2 miles
northerly, authorized the Chairman to sign the Notice of Completion and
instructed the Clerk to record said Notice with the County Recorder.
2. Accepted the work of Butte Creek Rock Co. for the
Paradise Pines Units 4 and 8 Assessment District roadwork, authorized the
Chairman to sign the Notice of Completion and instructed the Clerk to record
said Notice with the County Recorder.
3. Accepted the work of S, M. McCaw vo., Tnc. for the
construction of the East 5th Avenue Bridge and approaches in the City of
Page 411.
November 13, 1972
November 13, 1972
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Chico, Butte County, across Lindo Channel, connecting East 5th Avenue
and Floral Avenue, authorized the Chairman to sign the Notice o,f Completion
and authorized the Clerk to record said Notice with the County Recorder.
4, Approved plans and specifications for the Ord Ferry
Road, FAS Project 5-1523(4) and authorized the Chairman and the Director
of Public Works to sign the plans.
72-1797 APPROVE AGREEMENTS FOR SALE RIGHT OF WAX ACsUISITION
>>~
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, the following agreements for sale for right of way acquistions
were approved, Chairman was authorized to sign and the Auditor was authorized
to issue warrants upon demand of County's escrow agent:
Skyway FAS 757(4) R, Schott 0.006 ac. $413 No Impr, $413
" " paradise Capita10.036 ac. $2393 " $2,393
Corp.
Ord Ferry Rd, Henry Picanco 2.205 ac $5513 $300 $5,813
42071-71-1
" Harry Mead 3.197 ac $9433 $1,867 $11,300
East Ave, Harry Drake 0,004 ac $ 100 No Impr, $ 100
57191 70-1
72-1798 FINAL MAPS APPROVED: LASSEN PARK C29 lots) EAST & GUXNN AND
LORI GARDENS _(4'9) LOTS EAST & GUYNN
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
unanimously carried, final maps of Lassen Park (29 lots) Subdivision,
East & Guynn and Lori Gardens Subdivision (49 lots) East and Guynn were
approved for recording, offers of dedication were accepted, the Chairman
was authorized to sign the agreements and the bonds were accepted for filing.
72-1799 AUTHORIZED GRATED TO REQUEST PARADISE IRRIGATION DISTRICT TO FURNISH
WATER TO OLD CLARK ROAD DISPOSAL SITE
Discussed requesting Paradise Irrigation District to furnish water to the
Old Clark Road disposal site. It was felt this property could be used for
public purposes such as future corporation yard site and perhaps refuse
transfer station site. Mr. Castleberry stated that Supervisor Maxon had
requested that this matter be postponed. Matter discussed.
On motion of Supervisor Ladd, seconded by SupervisorMadigan and
carried, Public Works was authorized to request Paradise Irrigation District
to furnish water to the Old Clark Road disposal site.
72-1800 INFORMATION AND DISCUSSION ITEMS
Clay Castleberry, Director of Public Works, reported that the State and
Federal Government are making inspections of the County bridges,. Mr, Castleberry
said that with the new safety standards, there are a lot of the County bridges
that are on the chancy side. Several of the bridges should be strengthened
or rebuilt. Mr, Castleberry said he would keep the Board informed on this
matter.
b, Dead-end rosd fishing access. Mr. Castleberry said the State has
verbally agreed to add another year to the building of the dead-end road
fishing accesses. Mr, Castleberry said he planned to discuss these plans
with the Auditor and County Counsel if the Board still desires to go ahead
with this matter. Chairman Gilman suggested that this matter be held over
until after the first of the year so that there will be a full 5-member board.
Mr. Castleberry said he would hold this off until that time.
Page 412
November 13, 1972
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Supervisor Ladd said there were a few things he would like to see
accomplished in this matter. He would like to see Mr. Castleberry set out
in a letter to the Board members a brief estimate enumerating the items that
might be a cost to the County. He felt this would be a help to the Board
members in making a decision.
72-1801 CANCEL FURTHER STUDY: COUNTY SERVICE AREA N0, 46; DENY FORMATION OE
SERVICE AREA
Clay Castleberry, Director of Public Works, reported on the hearings
held for the formation of County Service Area No. 46. He felt that it
appears that there is little chance for success. He said he would recommend
that the Board c&ncel the November 21st continuation of the hearing.
Recommendation discussed.
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, further study on County Service Area No. 46 was cancelled,
hearing set for November 21st cancelled and formation of Gounty Service
Area No, 46 was denied.
/72-1802 ADOPT RESOLUTION 72-195 TO THE AIR RESOURCES BOARD OF STATE OF CALIFORNIA
1/ REQUESTING EXTENSION__OF TIME FOR CONVERSION OF MOUNTAIN DISPOSAL SITES
Mr. Castleberry stated that last year this Board approved a resolution
asking the State Air Resources Board for an extension of time on mountain
disposal sites. He requested that the Board send in a renewal of this
resolution. Request discussed.
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, Resolution 72-195 to the Air Resources Board of State of California
requesting extension of time for conversion of mountain dumps was adopted
and the Chairman was authorized to sign.
72-1803 PUBLIC HEARING SET: WM, S, TOWNE & MALCCT.M D, JAYRED: REZONE FROM
"A-2" DISTRICT TO "M-2" (HEAVY INDUSTRIAL) DISTRICT, WEST OF STATE HWY, 99E,
SOUTH OF SPRR~STERLING CITY_.BRANCH)
A public hearing was set for November 28, 1972 at 1:30 p.m. for the
Wm. S. Towne & Malcolm D. Jayred rezoning from "A-2" (general) district to
"M-2" {heavy industrial) district, an area generally described as located
1,200 ft. west of State Hwy. 99E, south of SP RR (Sterling City Branch) being
the westerly portion of AP 40-40-05.
72-1804 LARWIN DEVELOPMENTS, INC, PROPOSED REZONING FROM "A-2" TO "C-C" (COMMUNITY
COMMERCIAL) DISTRICT, EAST OF SKYWAY, WEST OF MAGALIA RESERVOIR, SEPY~ BACK TO
PLANNING COMMISSION
Time spent discussing the Larwin Developments, Inc. proposed rezoning
from "A-2" {gener'al) to "C-C" (community Commercial} district for property
located east of Skyway (new alignment) west of Magaiia Reservoir, identified
as AP 66-OZ-07 & AP 66-01-09, containing 73.6 acres, more or less, Paradise.
Mr. Lawson explained the problem involved in this matter. It would take a
t vote of approval by the Planning Commission for this matter. The vote was
4 "Ayes", 3 "Noes" and 2 absent. He said it could be set at Board level for
a public hearing. Matter discussed. Chairman Gilman said it could be referred
back to the Planning Commission for a definite "Aye" or "Nay" vote. Supervisor
Madigan said he would be in favor of sending it back to the Planning Commission.
Rezoning sent back to the Planning Commission for a definite decision,
one way or the other.
Page 413,
November 13, 1972
November 13, 1972
72-1805 TENTATIVE PARCEL MAPS APPROVED
On motion of Supervisor Madigan, seconded by Supervisor Ladd and.
carried, the following tentative parcel maps were approved with no
environmental impact, and with the findings that they are consistent with
the General Plan:
1_ Byrne, Lucille H. AP 55-06-18, 2 lots, off Neal Rd.,
near Sutter Rd,, Paradise.
2, Udkoff, Norman S., AP 44-17-65, 2 lots, 2.236 The Esplanade,
Chico. Surveyor; Ellis Rolls & Assoc.
3. Lake Oroville Land Assoc. Ltd., AP 37-62-05, 2 lots, on
Olive Hwy. and Oxoville-Quincy Rd., Oroville. Engineer:
Dan Cook.
4, Chambers, Roland B., AP 25-2.0-84, 2 lots, off Oroville-
Gridley Hwy., Gridley. Surveyor: Ringel & Assoc.
5. Warner, Albert, AP 44-051-05, 3 lots, on Shasta Ave.
near the Esplanade, Chico. Engineer: McCain Assoc.
6. Dunn, Ea r1 and Charles Andrews, AP 48-050-22, 3 lots
on East Ave. Wean Cohasset Rd „ Chico. Engineer: McCain Assoc.
7, Basting, David, AP 44-36-12, 2 lots, Burnap Ave., "Hobart
Sub., Lot 29," Chico. Engineer: McCain Assoc.
8. Dare, John T., AP 51-172-04, 3 lots, betw•~::. Azalea Way and
Harvey Lane, Paradise. Surveyor; Gary Lippencott.
9. Toth, Imre, AP 54-03-08, 4 lots, Newland Rd, near Bennett
Rd,, Paradise. Surveyor: Gary Lippincott.
10. Harding, Jim, AP 54-164-06, 2 lots, off Pearson Rd „ on
Butt View Terrace, Paradise. Surveyor; John W, Hamby.
11. Mr, Larison, AP 34-05-13, 2 lots, on Glen Dr., off Feather
River Hwy., Oroville. Surveyor; Rinpel & Assoc.
On motion of Supervisor Ladd. seconded by Supervisor Madigan and
carried, the tentative parcel map of. Malcolm D. Jayred and William S, Towne,
AP 40-02-71, 1 lot, on Loren Ave., off Hwy. 99E, Chico was approved, with
an environmental impact finding by the Planning Commission', adopt the
findings of the Planning Commission with the exception that the Board does
not find that this area is conducive to agricultural production, subject
to all the conditions recommended by the Planning Commission, and with the
finding that this map is consistent with the Ceneral Plan,
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, the tentative parcel map of Frank M. Hall, AP 55-05-03, 2 lots, off
Neal Road, end o` Roe Rd., Paradise, was approved with the finding of the
Planning Commission that it has no significant effect on the environment,
subject to the conditions of the Subdivision Committee and subject to the
condition that there be no further division of land.
Page 414.
November 13, 1972
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Discussed the subdivision map recommended for approval with no
environmental impact-Skyway Plaza Center: owner- Larwin Developments Inc.
The Subdivision Committee recommends approval subiect to 15 conditions.
It was felt that this map is tied with the proposed rezoning pendinn before
the Board and the Planning Commission.
Carl Rudorf, engineer for Larwin Developments Inc., stated that
Mr. Castleberry had shown him the letter from Mr, Letson concerning the
fire problem and distribution system. He said he would like to sit down
and discuss the matter with Mr. Letson, Division of Forestry,
Dan Slackstock, County Counsel, asked Mr. Lawson about the time on
this map. Mr. Rudorf said that the developer had signed a waiver on the time.
It was felt that the zoning should be acted on first; the map and the zoning
is tied in together. Chairman Gilman stated once the tentative map is approved,
the Board is honor-bound to approve the final map. He felt the map should be
held up at this time until the Board gets direction on the zoning.
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, action on the Skyway Plaza Center Subdivision tentative map wss
delayed until Tuesday, December 5, 1972.
The tentative parcel mag of Jack Goodman, AP 43-054-04, 3 lots on
West 11th Ave, between Holly Ave. and Zuni Ave., Chico, discussed.
Mr, Lawson stated a new map had been filed by the developer which would
meet the requirements of the County. The new map has not been approved by
the Planning Commission. Tt was felt that this map should be referred
back to the Planning Commission for their recommendation,
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, the Jack Goodman tentative map was referred back to the Planning
Commission for their recommendation.
The tentative parcel map submitted by Howard G. Dotts, AP 53-15-5D,
4 lots, off of North Libby Rd., Paradise, discussed. Mr. Lawson stated
that this map was recommended for denial. Reasons for denial set out and
discussed. The developer had been given time to secure the additional
20 feet for the easement but he has not secured this additional easement.
Time spent discussing the map and action that should be taken.
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, the tentative parcel map of Howard G. Dotts was denied, as
recommended by the Planning Commission.
72-],791 APPEARANCE OF EVERD MC CAIN: GUIDELINES FOR IMPLEMENTATION OF`
ENVIRONMENTAL IMPACT ACT
Everd McCain, Chico, asked for guidelines for the implementation of
the Environmental Quality Impact Act. This would take in a lot of land
in the northwest Chico area. He said his firm has been unable to advise
their clients without some guide lines from the Board. He said it is quite
costly to prepare maps and then have them turned down. Matter discussed.
Supervisor Ladd said he felt that it is essential that the County review
and revise the County General Plan, Mr. Lawson said that soil conservation
data is used in dealing with the maps, When considering these maps, the
County only considers the conservation element. Walter Grimes said there
were areas that should be considered by the Planning Commission and have
them make recommendations about the development by the people in the area.
No action taken, page 415.
November 13, 1972
November 13, 1972
72-1792 APPEARANCE OF MR. KELLY, REQUEST TO HAVE PUBLTC GUARDIAN REMOVED
Mr. Kelly asked the Board how he would go about have Mr. Walter
Gleason removed as has public guardian. He set out his complaints.
Chairman Gilman requested that he go into the Administrative Office and
discuss this matter with the County Administrative Officer.
72-1793 APPEARANCE OF C, A. WITHINGTON,_P.G. & E POWER LINES IN THE COUNTY
Mr. C. A. Withington, Oroville, brought the Board up to date concerning
the P.G.& E, high power lines within this county. He said be hoped the
Board members had read his letters. He asked if a letter of correction
had been received from P.G. & E, He had called P.U,C. and set out the
comments that were made over the telephone. He suggested that the
Planning Department and Public Works get together and bring their maps
up to date showing the present developments in the areas. Supervisor
Ladd said he would meet with Mr. Withington and discuss this matter. No
action taken.
72-1794 APPEARANCE OF BILL TOMPKINSj, PARADISE
Mr, Bill Tompkins, Paradise, questioned the Board about appointments
made by the Board members to Boards or Committees. Discussed; no action
taken.
72-1795 APPEARANCE OF MRS JAMES M. BEST PARADISE: AGREEMENT CONCERNING ACCESS ROAD
Mrs. James M. Best, Paradise, said that according to a newspaper story,
the County had stated that they had reached an agreement on the access road
problem in the Paradise area. She questioned the Board about the agreement.
Mr. Blackstock stated that there would be additional access out of the area.
Mrs. Best explained her reasons for appearing. Mr. Blackstock explained
the action taken by the County; he feels that the County had made a very
good settlement. Mr, Blackstock requested that Mrs. Best go to his office
and read the Stipulation. No action taken.
RECESS: 12:00
RECONVENED: 1:30
72-1796 PUBLIC DARING: RENAMING COUNTY HIGHWAY: FARRIS ROADiSIGGS
The public hearing on the renaming of Farris Road to Evers Road, Biggs
was held as advertised, Supervisor Ladd said he had a petition signed by
the residents of the area requesting that the road retain the name as now
listed. East of Highway 99E this road is called East Biggs Highway. West
of Highway 99E, the road is called Farris Road,
Hearing opened to the public at this time. Appearing:
1, H. S, Brink. He said he does not believe that any of
the property owners were consulted on the changing of the name of this road.
He feels that this road should be called W. Biggs Highway. Mr. Lawson said
the request for the change of name originated from the Biggs City Council.
Hearing closed and confined to the Board.
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, the request for change of name of Farris Road to Evers Road, Biggs,
was denied, and the road will retain the name of E. Biggs Highway to the
east of Highway 99E.
Page 41b,
November 13, 1972
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72-1797 PUBLIC HEARING: CONTINUED-U, S, HERTZ, INC. USE PERMIT TOR MOBILE
HOME PARK
The public hearing was held as continued on the U. S, Hertz, Inc, use permit
for a 131 unit mobile home park on property zoned "A-2" (general) and "C-2"
(general commercial) located on the southeast corner of U. S. 99E and Eaton
Road, identified as AP 44-47-62 and part of AP 4G.-47-63, Chico. Jim Lawson,
Planning Director, suimnarized the action of the Planning Commission. Planning
Commission recommended approval.
Hearing opened to the public. Appearing;
1. Mr. Larry Salzar, Salzar Engineer. He set out the plans
for the park, stating that the lots would be larger than most mobile home
lots,
2. Mr, Dean Vowell, appearing in opposition.
3. Mr. Dick Reineke, He i5 opposed to the use permit.
4. Mr, Herrington, Vice-President of U. S. Hertz. Mr. Herrington
stated that 50% of Hackamore Lane is deeded to U. S. Hertz; there is an
agreement that each property owner has the right to use this road.
Hearing closed and confined to the Board for consideration and action.
Jim Lawson, Planning Director, stated that the Planning Commission and
the Subdivision Committee did feel that this would create an impact on the
environment. The conservation element does not pinpoint community services.
It was found that this use would incr.^ase the demand on community services.
Use discussed.
It was moved by Supervisor Madigan and seconded by Supervisor Ladd
that the use permit be approved, subject to the findings that it would have
a significant impact by creating demand for additional community services
and that there would be a potential loss of Class I soil.
AYES: Supervisors Ladd and Madigan
NOES: Chairman Gilman
ABSENT: Supervisor Maxon
Motion failed.
Discussed action that could be taken at this time. Mr. Blackstock
said that it might be preferable to set a new hearing so that all board
members could be present at the hearing. Chairman Gilman said he would
have no objection to re-hearing this matter.
Matter reset for hearing an Tuesday, November 28, 1972 at 1:30 p,m.
72-1798 PUBLIC HEARING: CONTINUED: R, L, SCARBROUGH, PROPOSED REZONING FROM "A-2"
AND "S-H" DISTRICT TO "S-2" DISTRICT, PROPERTY WEST OF CLARK ROAD, NORTH OF
INTERSECTION OF PENTZ ROAD AND CLARK ROAD PARADISE
The continued public hearing on the R. L. Scarbrough for the 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 lz miles north of the
intersection of Pentz Road and Clark Road, Parcel No. 41-41-1° and 41-41-24,
containing 99 acres, mare or less, Paradise, was held at this time. Mr. Lawson
explained the action that ha s taken place to date.
Page 4T7.
November 13, 1972
_________ ____November_13,_1972--------------
Hearing opened to the public. This hearing had been continued to give
the Butte College an opportunity to respond,
Appearing:
1. Mr. Bill Earle, Airector of Community Services at
Butte Community College. He feels that A-2 zoning is no zoning at all,
He wondered if the A-3 zoning could be placed on this property. He
said the college felt that A-3 zoning world be best for this area.
Discussed zoning for the area. Environmental Quality Act report
discussed. The college would be agreeable to the proposed S-2 zoning and
than maybe in the future could change this zoning for something they felt
would be better for that area.
2. Mr. R. L. Scarbrough. He explained why this zoning
had been requested. They would like to have the Board adopt this zoning
and then the people could request a change of zoning in the future.
3. Mr. Jack Mallory. He endorsed the statements made by
Mr, Scarbrough.
4, Bill Tompffins.
5. Red Scarbrough. He also endorsed the statements made
by Mr. Scarbrough.
Hearing closed and confined to the Board. Supervisor Ladd questioned
Mr. Lawson about the criteria used for septic lines and leach lines.
Zoning discussed.
72-1799 ADOPT ORDINANCE N0, 1301 ZONING A PORTION OF THE COUNTY AN "S-2"
SUBURBAN-RESIDENTIAL) DISTRICT
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, Ordinance No. 1301 zoning a portion of the County an "S-2"
(suburban-residential) district was adopted and the Chairman was authorized
to sign.
RECESS: 2:35
RECONVENED: 2:50
72-1800 APPROVE REQUEST ~'OR VARIANCE ON GENERAL ASSISTANCE CASE
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, authorization was granted for variance from work requirement as
provided in the GA regulations for Case ~~04-95-4903, as requested by the
Welfare Director,
72-1801 DISCUSSION: REQUEST THAT BOARD GIVE A WELFARE RECIPIENT'S ADULT SON
RELIEF FROM RESPONSIBILITY AS RESPONSIBLE RELATIVE
Dan Blackstock, County Counsel, presented the request that the Board
give a welfare recipient's adult son relief from responsibility as
responsible relative. Mr. Blackstock recommended that the Board grant the
request. Supervisor Ladd asked what this recommendation was based upon.
Mr. Blackstock said he would have Jim Griffith, deputy county counsel,
present the details to the Board, No action at this time.
Page 418,
November 13, 1972
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72-1802 DISCUSSION: RESOLUTION OPPOSING THE APPLICATION OF SALES TAX TO
STATE AND FEDERAL EXCISE TAXES
Resolution opposing the application of sales tax to State and Federal
excise taxes discussed, Mr. Blackstock stated that there is another bill
before the State Legislature at the present time. Resolution discussed,
Action put off at this time.
72-1803 ADOPT ORDINANCE 1302 AMENDING SECTION 19-10 OF THE BUTTE COUNTY CODE
SEPTIC TANK REGULATIONS
Dan Blackstock presented proposed ordinance amending Section 19-10 of the
Butte County Code relating to issuance for septic tank systems permits
where buildings are under different ownership. Supervisor Ladd said he would
like this approved today; it has been put off for many weeks. It will be a
permissive act by the Health Department. He explained his feelings in this
matter. Supervisor Ladd said he has received requests to move a mobile
home on property for an elderly person instead of placing the person in a
home. Paying to keep these elderly people in homes cost the County a lot
of money. These elderly people would rather live in a mobile home near their child-
ren than in a rest home. The departments could handle this as a•n exception
rather than the rule. County Counsel said a copy of the Ordinance should be
sent to the Health Department with a letter on how this should be handled.
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, Ordinance No. 1302 amending Section 19-10 of the Butte County Code
was adopted and the Chairman was authorized to sign.
72-1804 APPROVE REQUEST TO GIVE A WELFARE RECIPIENT'S ADULT SON. RELIEF FROM
RESPONSIBILITY AS RESPONSIBLE RELATIVE
,7im Griffith reported on the request of Walter Rogers for relief from
responsibility as responsible relative. He had been abandoned by his
parents at an early age. Request discussed.
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, request that the Board give a welfare recipient`s adult son relief
from responsibility as responsible relative was approved, as recommended by
County Counsel.
72-1805 APPROVE MERIT INCREASE FOR PLANNING DIRECTOR
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, the merit increase for the Planning Director from R. 28,5 S. D, to
S. E,, a€fective December 1, 1972 was authorized.
72-1806 APPROVE GRANT MODIFICATION FOR PUBLIC EMPLOYMENT PROGRAM
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, the grant modification far Section 6, Public Employment Program,
extending the program through December 30, 1972 was approved and the
Chairman was authorized to sign.
72-1806 FIXED ASSETS PURCHASES: PUT OVER
The request of the Health Department to purchase a slide projector
and equipment from funds budgeted for the Autocrit Centrifuge put over to
determine if insurance had been collected for items stolen from the Department
last summer,
Page 419,
November 13, 1972
November 13, 1972
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72-1807 AGREEMENT RE FAMTLY PLANNING AIDE; PUT OFF ONE WEER
The agreement re Family Planning Aide discussed. Mr. Nickelson said
he felt this program has been very successful. He feels the request is
valid. Matter put off one week to have full board to discuss the request.
~2-1808 ADOPT RESOLUTION 72-196 APPROVING AMENDMENT ~k2 TO COUNTY COOPERATIVE
FIRE PROTECTION AGREEMENT
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, Resolution 72-196 approving amendment ~~2 to County Cooperative
fire protection agreement, at a net reduction in Schedule A costs of $7,240
was adopted and the Chairman was authorized to sign.
72-1809 DISCUSSION: REMODELING OF OLD COURTS AND LAW LIBRARY
Clif Nickelson, Administrative Officer, stated that the old courts
and law library are now vacant. The Administrative Office has met with
the various departments who will be involved in prospective new quarters.
In order to comply with governmental code sections, it will be necessary
to retain an architect to draw up plans and specifications for a bid to
remodel, Chairman Gilman asked if someone at Public Works could prepare
the plans. Mr. Castleberry `elt his men are better on roads and Bridges,
Supervisor Ladd said he would hate to see this blown into an expensive
project. Mr, Nickelson said the most expensive remodeling project would
be the remodeling of County Counsel's new quarters. Plans discussed.
Mr. Castleberry was requested to discuss the remodeling project with an
architect and determine what the costs might be for the preparation of the
plans. Discussed which architect should be contacted. Mr. McFerrin
had made a study of this building a gew years back and it was felt he would
be Che logical architect to discuss these plans with and deter-,ins his
thoughts in the matter.
Mr. Castleberry will follow through with this suggestion and will
report back to the Boardo
72-1810 BY-LAWS-COMMISSION ON SENIOR AFFAIRS
Proposed bylaws were distributed to Board members approximately two
weeks agoo Action put off for a week or two,
V72-1811 ADOPT RESOLUTION 72-197 APPROVING COUNTY ALCOHOLISM PLAN
On motion of Supervisor Madigan, seconded by Supervisor Gilman and
carried, Resolution 72-197 approving the County alcoholism plan was adopted
and the Chairman was authorized to signo
X72-1812 ADOPT RESOLUTIONS 72-198 and 72-199, COVERING AGREEMENTS WITH THE U, So POSTAL
SERVICE FOR FOOD STAMP ISSUANCE
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, Resolutions 72-198 and 72-199 covering agreements with the Uo So
Postal Service for Food Stamp issuance were adopted and the Chairman was
authorized to signo
72-1813 TRAVEL REQUESTS APPROVED
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, the following travel requests were approved:
to Mrso Harriett Bo Stone, member of the County Board of
Education, to attend the California School Boards Association and ACSA 3oint
Annual Conference in Los Angeles November 30 through Aecember 3, 19720 Four
nights lodgings Estimated cost of trip $2190, Travel by public transportations
Page 420,
November 13, 1972
November 13,_1972
2. Larry 5tram, business services officer for Health Department,
to attend the annual Regional Institute conducted by the State Bureau of
Vital Statistics at South Lake Tahoe November 19 through November 21, 1972.
Two nights lodging, Estimated cost of trip $96. Travel by private care
72-1814 BUBGET TRANSFERS AUTHORIZED
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, the following budget transfers were authorized:
B-20 Paradise Justice Court - $509 from office expense to rents and
leases
B-24 Emergency Employment Act-Section 6 - This sets up $35,700 in the
Emergency Employment Act Section 6 and extends
this grant period to November 30, 1972.
8-23 Emergency Employment Act-Section 5 - This sets up $58,000 in Section 5
of the PEP program and reflects extension
of the grant to Nov. 15, 1972.
B-25 Fire Protection - This reverts $7,240 from Schedule A to the
General Fund Reserve
72-1815 ITEMS TAKEN OFF AGENDA AT PRESENT TIME
The following items presented for Board consideration was taken off
the agenda at this time to be placed back on the agenda when there is a
full Board:
1, Appointment to Mental Health Advisory Board
2. Appointment to Butte County Mosquito Abatement District
3. Appointment to Mental Retardation Program Area Planning
Board No. 2.
72-181b APPROVE AGREEMENT FOR BUTTE COUNTY FAIR: REMODELING IN FLORAL EXHIBIT BUILDING
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, the agreement between the County and Donald R. Long and Associates
for engineering services for the flower building renovation project was
approved and the Chairman was authorized to sign.
72-_1.8_17 CONFIRMATION OF TRAVEL EXPENSES FOR DATA PROCESSING EMPLOYEES TRAVEL
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, payment of travel expenses for employees of Data Processing Department
for travel to Stockton regarding election matters was approved in the amount
of $43.00 approximately, for expenses incurred prior to the election.
72-1818 DISCUSSION: CODIFICATION OF ZONING ORDINANCES AND REGULATIONS
Dan Blackstock, County Counsel, stated that the grand jury had
recommended that the County go to a planning code, Mr, Sob Kutz has been
working in County Counsel's office gathering the zoning ordinances and
regulations together. They now have something they can work with and
hopefully they can get it to the Board for the Board's consideration.
72-1819 DISCUSSION: AB 1494
Chairman Gilman said that a letter from Mr. Blackstock states that
AB 1949 will be heard at a hearing this Wednesday. Mr, Blackstock said
someone from the Auditors Office, the Welfare Department and from his
~ office would be present at this hearing.
RECESS: The Board recessed at 3:45 for an executive session.
RECONVENED: The Board reconvened at 4:15 following an executive session.
72-1820 DISCUSSION: BOARD ACTION CONCERNING LARWIN'S SKYWAY PLAZA CENTER SUBDIVISION
Neil McCabe, deputy county counsel, and Jim Lawson, Planning Director,
stated that Larwin Developments, Inc. are quire concerned about the action
the Board had taken this morning concerning the Skyway Plaza Center
Subdivision map and the rezoning for this area. The tentative map is designed
as a commercial development. They do not feel that the map and the
Paee 421 ~ w~~rPmhar i ~ t a~~
November_13,_1972
xezoning should be considered concurrently9 as they do not feel the are
relevanta Chairman Gilman said he felt they are relevant. Once the map
is passed by this Board, the County is hound to pass the final map,
Chairman Gilman said that too many of these maps from Larwin are coming
before the Board and they are automatically approvedo
Time spent discussing action to be takene
Mro Lawson asked for direction from the Board, It was felt the
Board should wait on taking action on the map until have a full Board
present, Larwin has waived time on this map, Mr. Lawson will inform
Larwin that a public hearing should be held by the Planning Commission
on the rezoning9 and that the map will not be considered before the
rezoning is considered.
ADJOURNMENT•
There being nothing further before the Board at this time, the
meeting was adjourned at 4:35 to reconvene on Tuesday, November 21, 1972
at 9:00 aem.
ATTEST: CLARK A, NELSON, COUNTY CLERK
Board of pervisors Clerk
Page 422,
November 13, 1972