HomeMy WebLinkAboutM112773November 27, 1973
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present; Supervisors Cameron, Gilman, Ladd, Madigan and Chairman McKillop.
Clif Nickelson, Administrative Officer, Dan Black stock, County Counsel, and
Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk.
INVOCATION: Ciif Nickelson, Administrative Officer
Pledge of allegiance to the Flag of the United State of America
73-1806 APPROVAL OF MINUTES
On motion of Supervisor Gilman, seconded by Supervisor Madigan and
unanimously carried, the minutes of November 20, 1973 were approved as
mailed.
73-1807 COMMiTNICATIONS
Don Maxon, Paradise. Mr. Maxon writes regarding the proposed tree ordinance
~O.~.v for the Paradise area. Information. To be placed in file.
State TV Cable, Chico. Request is filed for increase in CA_TV rate in the
~ ~ p,~f3 area of the county surrounding the City of Chidoo Referred to
County Counsel; tie will report back to the Board on the matter.
Area III Seniar planning Project< Kenneth L. Young, executive director, thanks the
Board for their endorsement of the project on November 12 and
Q O •~ forwards copies of a survey and a list of agencies and organizations
offering services to senior adults. Information only.
Butte County Employees Association. Don Bendorf, president, advises the
Board that Mr. Jerry L. Showalter tendered his resignation as
/ 4 3•g r Director and President of the BCEA and as Vice-President Mr. Bendorf
assumed the officeo Information; no action taken,
Butte County Assessor. The Assessor forwards letter from Jess P. West regarding
homeowner exemption on his property for which he had made late
application under the code, but such application was denied.
Referred to County Counsel for handling.
Butte County Economic Opportunity Council, Inca Jane Rutherford, chairman,
writes to thank the Board for the action taken to remain as the CAA
Lsf•~ v and also grantee for Head Start. She also informs the Board of
actions taken by EOC regarding the Head Start Program. Discussed.
Administrative Officer will follow up on the matter of the loan.
Paradise Recreation and Park District. The District requests Board authorization
for the Personnel Department to conduct a classification and pay study
~ ~ ~•~ ~ for the District. Reimbursement by the District not to exceed $500.
Administrative Officer will check with Personnel Director on mattero
County Supervisors Association of California. .The Association writes regarding the
Court decision on HR 1 implementing regulations. They suggest that
'5...~the Board urge the Governor and legislators to call a special session
/ v ~• to pass an HR 1 statute, Discussed. Letter endorsed, Each Board member
should call their State represenntative on the matter.
Page 108.
November 27, 1973
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State Department of Transportation. The Department forwards copies of a
proposed freeway agreement between the State and County of Butte
for Board action. See action following communications, under
Public Works items. Adopt Resolution 73-1900
State Division of Water Rights. Division forwards copy of proposed addition
~•~ G to the Administrative Code re stockwartering reservoirs. Written
7,0 S~ comments will be considered by them if received on or before
December 23, 1973. Discussed. Supervisor Madigan stated that the State
had put off action for further study. Copies to be given Board members.
Lieutenant Governor Ed Reinecke. Mr.Reinecke writes that the California
„LEnergy Planning Council has called for intensified voluntary
~ O O.Z' effort on the part of local government to take steps to reduce
usage of energy. See discussion following communications.
U. S. Departmentof Agriculture. The Department forwards a draft environmental
statement fox the proposed Forest Reestablishment Program on national forest
//aS.~ ~ lands in California. They solicit the comments on the draft within
b0 days. Referred to Ag. Department and Bob Nicholson far their
study and report back to the Board. Copy also to be referred to
Supervisor Gilman.
County of San Diego. Urging Board of Directors, CSAC to amend constitution
~ Oa,,` y to allow participation by individual Board members on issues of
concern to their constituents and their County. Read and discussed.
See action following communications.
Senator Fred W. Mader. Thanking the County for copy of Resolution 73-152 as
~ Q p 2 ~' regards the Masters Plan regarding the proposed reapportionment of
Assembly Districts. Information.
James R. Hellerman. Letter protesting recent negative rezoning verdict for
/ 3 .0 ~ property belonging to him located at the northwest corner of
Dean Road and Chapman Lane in Paradise. Set for hearing on
January 8, 1973.
O y Kest W. Murphy. Petition for variance to provisions of Sections 19-10 and/or
)i3~ 19-12 of County Code. Set for hearing 'on December 11, 1973 at 2;00 p.m.
G ~ l~ Butte County Mosquito Abatement District. -Reappointment of James Shelby and
~ Allan Johnson as Trustees. Put over one week.
Dr. and Mrs. Thomas McCready, Urges the Board not to allow hunting in the
3,0 O,O d State lands near Lake Oroville. Read; no action taken.
Letters concerning proposed tree ordinance. To be placed in file.
73-1808 DISCUSSION: PROPOSALS FOR REDUCED USE OF ENERGIES
_ Clif Nickelson, Administrative Officer, stated he had sent a
packet ofinformation to the Board members concerning proposals for reduced
use of energies. Mr. Nickelson explained the matter of reduced use of
energy; he stated that they have been trying to get something going for
conservation of energy. They have placed restrictions on the use of the
elevators; lighting in the hallways has been reduced. Janitorial procedures
have been reviewed. It has been suggested that the County offices open at
8:00 a.m., have a 30 minute lunch hour for each employee, and close the
offices at 4:00 p.m. Suggestion discussedo It was suggested that the
new hours be tried on a trial basis. Mr. Nickelson will report back next
week to the Board on these suggestions.
~73-1809 ADOPT RESOLUTION 73-190 AUTHORIZING CHAIRMAN OF BOARD OF SUPERVISORS
TO EXECUTE AGREEMENT ON BEHALF OF THE COUNTY (FREEWAY AGREEMENT-JUNCTION OF
ROUTE 99/149 to 0,4 MILE SOUTH OF EAST FORK OF ROBERTS CREEK
On motion of Supervisor Gilman, seconded by Supervisor Cameron
and unanimously carried, the freeway agreement between the County of Butte
and the State Department of Transportation (freeway agreement-junction of
Page 109.
November 27, 1973
_ November_2Z,_1973
Route 99/149 to 0.4 mile south of the East Fork of Roberts Creek (Iiamlin Slough)
was approved, Resolution 73-190 authorizing the Chairman to execute said
agreement was adopted and the Chairman was authorized to sign said Resolution
and Agreement.
73-1810 ENDORSE SAN DIEGO COUNTY RESOLUTION TO ALLOW PARTICIPATION BY INDIVIDUAL
BOARD MEMBERS ON ISSUES OF CONCERN
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
• unanimously carried, the letter from San Diego County~urgingCSAC Board of Directors
to amend constitution to allow participation by individual Board members
on issues of concern to their cons£ituents and their County was endorsed
by the Board.
73-1811 APPROVE COUNTY ADMINISTRATION ITEMS: AWARD OF BID FOR TYPEWRITERS,
SURPLUS PROPERTY: GOLDEN FEATHER FAIR BUDGET TRANSFER: APPOINTMENT OF
EXECUTIVE DIRECTOR FOR CAA AND BUDGET TRANSFERS
Budget transfer for Library discussed. Clif MickeTson, Administrative
Officer was requested to have Mrs. Terry, County Librarian, appear before
the Board to explain the transfer,
On motion of Supervisor Gilman, seconded by Supervisor Madigan
and unanimously carried, the following action was taken:
1. Awarded typewriter bid to Frank's Office Equipment of
Oroville, the low bidder, in the amount of $4,262.23, for ten electric and
three manual typewriters.
2. Declared as surplus property used toys at the hospital
pediatrics department and authorized the donation of the toys to Sheriff
Gillick's toy program.
3. Approved budget transfer ~~73-2 in the amount of $3,192
for the Golden Feather Fair from net resources available to cover adjustment
is salary schedules effective duly 1, 1973.
4. Instructed personnel Department to immediately commence
recruiting procedures for the appointment of Executive Director for CAA,
pursuant to regulations.
,: 5. Approved following budget transfers:
B-22, Gridley ,justice Court - $350 from •salaries & wages regular
to extra help
B-23, Local Agency Formation Commission $100. from Reserve for
Contingencies-General Fund to rents and leases of
equipment.
Surplus property at the hospital discussed, Et was stated that
the Paradise Fire District would like to purchase some of the equipment.
Mr, Mickelson will follow up on this and will keep the Board advised.
73-1812 COUNTY ARCHITECT, GENE MC FARREN~ PLANS FOR PROPOSED REMODELING
OF THE NEW LIBRARY BUILDING: PUT OVER ONE WEEK
Due to the illness of Gene McFarren, county architect, presentation
of plans for proposed remodeling of the new library building was put over
one week.
73-1813 COUNTY CLERK: PRESENTATION OF OFFICIAL CANVASS OF VOTES CAST IN NOVEMBER6,
1973 SPECIAL STATE ELECTION
T e certa. zcate of g ~o1~y Clerk to result of the canvass of
November 27, 1973
__________-_ =Nouembgr=2Z,=1g73______________
the Special State Election November b, 1973 was approved as follows:
STATE OF CALIFORNIA )
SS.
COUNTX OF BUTTE )
I, CLARK A. NELSON, County Clerk of said County, do hereby
certify that, pursuant to the provisions of Section 18412 and 18416 of the
Election Code and of the resolution of the Board of Supervisors of said
County heretofore adopted and entered upon the minutes of said Board, I did
canvass the returns of the vote cast in the Fourth Assembly District in said
County, at the Special State Election held on November 6, 1973 and Uniform
Aistrict Elections, for elective public offices, and for and against each
measure submitted to the vote of the voters, and that the Statement o$"'
vote Cast, to which this certificate is attached, shows the whole number of
votes cast in~said Assembly District in said County, and the whole number of
votes cast for each candidate and for and against each measure in said
Assembly District in said County and in each of the respective precincts
herein, and that the totals of the respective columns and the totals as
shown for each measure are full, true and correct.
WITNESS my hand and Official Seal this 27th day of
November, 1973
/s/ Clark A. Nelson
CLARK A. NELSON, COUNTY CLERK
COUNTY OF BUTTE, STATE OF CALIFORNIA
73-1814 DISCUSSION: ORDINANCE ADDING ARTICLE II TO CT~'APTER 26, BUTTE COUNTY CODE
Clay Castleberry, Director of Public Works, reported that the Board's
existing policy is not adequate to assure the installation of improvements
and requests the Board to approve the ordinance to provide for these
requirements as required by Board policy. Mr. Castleberry explained the
ordinance and the Board policy. It was stated that the Board members
would not oppose this ordinance with the understanding that the urban
areas remain flexible.
Proposed ordinance read by Neil McCabe, deputy county counsel,
Ordinance discussed. It was felt that theBoard could hold off on the ordinance
until after the joint meeting with Planning Commission. Urban line discussed.
Urban. lines should be delineated before the ordinance is adopted it was felt
by the Board memberso
Ordinance put over for action until after December 5, when there
will be a joint meeting of the Board of Supervisors and the planning Commission.
73-1815 PUBLIO WORKS ITEMS APPROVED
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
unanimously carried, the following action was,taken;
to Approved agreements for sale, authorized Chairman to sign
and authorized Auditor to issue warrants upon demand of County's escrow
agent for the following:
Skyway FA5 757(4) J. Wo Black, Jr. 0,035 ac $2,288 No Impr. $2,288
" " " R. F. Udovich 9.032 ac $2,922 " " $2,922
Page 111,
November 27, 1973
_ _ _ _ _ _ _ _ _ _ _ _ _ _ ]youember=2Z,=1g73 = _ _ _ _ _ _ _ _ _ _ _ -
2. Authorized that the applicant for the Roe Owens parcel map
(Riggers Subdivision) be exemp"kfrom the physical surveying of the entire
boundaries of the "approximate 48 acre parcel." as recommended by the
public Works Directox.
3. Approved Change Orders ~k2 and ~k3, East Avenue, TOPICS Project
EPS-T-3014(4), ~p2 in the increasing amount of $250 which provides for modifying
an existing drop inlet to a manhole and ~~3 in the increasing amount of $2,233
which provides for excavation of unsuitable material caused by underground
water and the Chairman was authorized to sign,
73-1816 AUTHORIZE PUBLIC WORTCS DIRECTOR TO ATTEND SOLID WASTE MEETING IN SACRAMENTO
Mr. Castleberry reported on the garbage problems. #ie said the
State is requiring that a Solid Waste Management Study be made; he said there
would be a meeting in Sacramento Thursday concerning this matter. He said he
would like permission to speak at this meeting concerning tampering of the
requirements of the study. Request discussed.
On motion of Supervisor Gilman, seconded by Supervisor Madigan
and unanimously carried, Clay Castleberry, Director of Public Works, was
authorized to attend the Solid Waste Management Study meeting to be held
Thursday in Sacramento and speak to the need for temperance in the procedure
requiring the solid waste study.
~73-1817 ADOPT RESOLUTION 73-191 PURSUANT TO ARTICLE 13, Section 25, CALIFORNIA
CONSTITUTION RE DIRECTION TO COUNTY TREASURER AND AUDITOR TO TRANSFER FUNDS
TO POLITICAL ENTITIES TO COVER SHORTAGE OF PUBLIC ENTITIES TO THE EXTENT OF
85% OE THEIR ANTICIPATED TAX REVENUE WHERE NECESSARY
proposed resolution pursuant to Article 13, Section 25,
California Constitution re direction to County Treasurer and Auditor to
transfer funds to political entities to cover shortages of public entities
to the extent of 85% of their anticipated tax revenue where necessary.
Clif Nickelson asked County Counsel if he had discussed the matter of transfer
of funds with the Auditor. Mr. Nickelson felt the Resolution should be
amended to state "funds in his custody", rather than "County General Fund".
Resolution to be amended as so stated.
On motion of Supervisor Gilman, seconded by Supervisor Madigan
and unanimously carried, Resolution 73-191 pursuant to Article 13, Section 25,
California Constitution re direction to County Treasurer and Auditor to
transfer funds to political entities to cover shortage of public entities
to the extent of 85% of their anticipated tax revenue where necessary was
adopted as amended to state "funds in his custody" and the Chairman was
authorized to sign.
RECESS: 10:15
RECONVENID: 10:30
73-1818 APPROVE TRANSFER FOR COUNTY LIBRARY
Mrs. Jo Terry, County Librarian, explained the Budget Transfer
B-21 in the amount of $20,000. Transfer justified by Mrs. Terry; the money
would be transferred from ,unanticipated revenue-State Aid for Library.
This had been agreed upon at the time that the County consolidated the
County Library with the City of Oroville library; this is the second year
of the grant. The grant was to provide increased library services in
the Oroville area. Purpose of grant explained and discussedo
Transfer discussed. page 112,
November 29~ 1973
______________^November 27~ ].973_===-__~ W ~___
On motion of Supervisor Cameron, seconded by Supervisor Ladd and
unanimously carried, Budget transfer B-21, Library, in the amount of
,920,000 was approved,
73-1819 DISCUSSION: FIBREBOARD TRANSFER WITH U. S. FOREST SERVICE PROPERTIES
Supervisor Madigan reported on the proposed Fibreboard exchange
~ ?,~ with U.S. Forest Service properties. He said the Governor has written a
1 ~ letter of retraction addressed to Earl L. Butz, Department of Agriculture;
the Governor has stated-that they did not realize the financial impact
involved in this transaction. Supervisor Madigan stated he had talked
to a firm of attorneys in Sacramento; they concurred with. the County's
views in this matter. Supervisor Madigan stated that the Board had taken
na action on the letter received in September. Letter discussed. It was
felt that no action was needed at this time.
73-1820 DISCUSSION: NORTHEAST CHICO-INTERIM ZONING TO "S-2" (MINIMUM-DENSITY
SUBITRBAN RESIDENTIAL) DISTRICT, SOUTH OF SYCAMORE CREEK, EAST OF COIiASSET
ROAD. WEST OF WILDWOOD AVENUE-TO BE DISCUSSED AT JOINT MEETING
Jim Lawson, Planning Director, reported that the northeast Chico
interim zoning to "S-2" (minimum-density suburban residential) district, south
of Sycamore Creek, east of Cohasset Road, west of Wildwood Avenue expires
December 26, 1973. It has been requested that a hearing be set to extend
the interim zoning. Zoning discussed. Mr. Lawson stated that the Planning
Commission would like some direction from the Board regarding this area.
Discussed whether the matter should be set for hearing at this timed
Boundaries for urban area in Chico explained.
County Counsel, Dan Blackstock, recommended that the matter be
set for hearing. Set for hearing on Tuesday, December 18, 1973 at 2:00 p.m.
73-1821 TIMBER-MOUNTAIN LAND-USE CLASSIFICATION PROPOSED AMENDMENT: SET
FOR DISCUSSION AT JOTNT PLANNING AND BOARD MEETTNG
The timber-mountain land-use classification proposed amendment
discussed. To be placed on the agenda for discussion at the joint meeting
of the planning Commission and the Board of Supervisors.
73-1822 TENTATIVE PARCEL MAPS APPROVED
Jim Lawson, Planning Director, presented the tentative parcel
maps for action. It has been requested that the Clara Grunett map be put
over until this afternoon to give the applicant's representatives time to
appear to discuss the conditions of the map. Map put over at this time.
On motion of Supervisor Gilman, seconded by Supervisor Ladd
and unanimously carried, the following tentative parcel maps recommended for
approval were approved, subject to the conditions set out by the Planning
Commission and with the statement that a negative Environmental Impact
Declaration has been filed in regards to these maps:
1,- Zoned A-R Wendall Hammond, AP 53-15-19, 9 lots,
southwest corner Bille and Sawmill Roads,
Paradise. Surveyor: John W. Hamby
Pursuant to the requirements of Section 20.3 of the Butte 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 Committee and the Planning Commission recommends
approval of the tentative map, subject to the following conditions:
1. Deed the right-of-way on Sawmill and Bille Roads as indicated.
2. Indicate a drainage easement from the culvert to the southwest
corner of 'the property .
A Negative Environmental Impact Declaration was filed with the
_ County Clerk on October 29, 1973.
__._ ~ ~ 3.
___________= Navemhe~27=7.93_______________
~r Zoned A-2 Ltd. Joseph P. Janko, AP 50-07-43, 2 lots, west
side of Skyway at Townee Lane, Paradise.
Surveyor: Gary Lippincott
Pursuant to the requirements of Section 20.3'of the Butte 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 Committee and the Planning Commission recommends
approval of the tentative map, subject to the following conditions:
1. Deed 40 ft. right-of-way to the County of Butte, measured
from the centerline of Skyway.
2. Verify that the subject parcel was legally created prior to
March 4, 1972.
3. Provide the required 35 ft. of access, rather than 20 ft. to
Parcel 2.
4. Indicate SO ft. building setback lines measured from .the
centerline of the access.
A Negative Environmental Impact Declaration was filed with the
County Clerk on October 29, 1973.
~ ~ Zoned A-3 Leah E. Barnes, AP 40-11-26, 2 lots, east
side of Lott Road, at intersection with
Cummins Road, near Durham. Engineer:
Walter T3. Grimes & Assoc..
Pursuant to the requirements of Section 20.3 of the Butte County
Code, the tentative parcel map of the above property has been
reviewed by the Butte County Subdivision Committee and the
Planning Coiflinis si on .
The Subdivision Committee and the Planning Commission recommends
approval of the tentative map, subject to the following conditions:
1. Deed to the County of Buttes 30 ft. right-of-way measured from
the centerline of Lott Road.
2. Verify the location of the septic tank system for the northerly
house on Parcel 1 and relocate if necessary.
A Negative Environmental Impact Declaration was filed with the
County Clerk on October 29, 1973.
page 114.-
-` November 27, 1973
_ ~ T = _ _ _ _ _ _ _ = ~ovember_27,_1973 ~ _ _ _ _ - _ _ _ _ - - _ _
y ' Zoned A-2 & R-1 Clarence Kindig, AP 51-10-42 & AP 51-12-44,
2 lots, south side of Paragalia Way and on
north side of Montna Drive, Paradise.
Engineer: Walter B. Grimes & Assoc.
Pursuant to the requirements of Section 20.3 of the Butte 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 Committee and Planning Commission recommends
approval of the tentative map, subject to the following conditions:
1. Indicate a 50 ft. building setback line measured from the
centerline of Montna Drive.
A Negative Environmental Impact Declaration was filed with the
County Clerk on October 29, 1973.
The Clive Evans, AP 42-07-101, 2 lots, on Cussick Avenue,
near East Avenue, Chico, recommended for denial by the Planning Commission
discussed. Mr. Lawson explained the recommendation for denial; denial
was recommended because it was felt that urban standards are necessary
to have this map approved. Map discussed. Map referred back to the
Planning Commission for their reconsideration of the map, as to whether
it would be acceptable if the urban standards were put in by the applicant.
On motion of Supervisor Ladd, seconded by Supervisor Gilman
and unanimously carried, the following tentative parcel maps recommended for
approval and in an area that has previously been and is in the process
of being four by Poured was approved:
~,- Zoned A-2 Edward C. Jimenez, AP 58-09-51 (Portion),
2 lots, east side of Coutolenc Road, above
Neal Road, Paradise. Surveyor: John W. Hamby
Pursuant to the requirements of Section 20.3 of the Butte. County
Code, the tentative parcel map of the above property has been
reviewed by the Butte County Subdivision Committee and the
Planning Commission.,:;:,
The Planning Commission and Board of Supervisors should be
advised that this parcel map is in an area that has previously
been and is in the process of being four by foured.
The Subdivision C~nmittee and Planning Commission recommends approval
of the tentative map which meets the subdivision ordinance require-
ments; subject to the following conditions:
1. Provide the Health Dept. with information sufficient to meet
requirements of the subdivision ordinance as to the availability
of water or place''°a statement on the final map that there is
no evidence of domestic water.
2. Provide 60 ft. of access rather than 20 ft. to Parcel 1.
3. Deed to the County of Butte 30 ft. of right-of--way measured from
the centerline of Coutolenc Road.
4. Indicate 50 ft. building setback lines measured from the center-
lines of Coutolenc Road and the 60 ft. access.
A Negative Environmental Impact Declaration was filed with the
County Clerk on October 29, 1973. //^j•
~ Zoned R-1 Joseph P. Janko, AP 54-24-I01, 2 lots, west
side of Desante Lane, north of Stearns Road,
Paradise. Surveyor: Gary Lippincott
Pursuant to the requirements of Section 20.3 of the Butte County
Code, the tentative parcel map of the above property has been
reviewed by the Butte County Subdivision Committee and the
Planning Commission.
The Planning Commission and Board of Supervisors shoul% be ac}vised
that this parcel map is in an area that has previously been and
is in the process of being four by foured.
The Subdivision Committee and the Planning Commission recommends
approval of the tentative' map which meets the subdivision ordinance
requirements, subject to the following conditions:
1. Verify that the•subject parcel was legally created prior to
March 4, 1972.
2. Verify the 60 ft, right-of-way and the right to use .
A Negative Environmental Impact Declaration was filed with the
County Clerk on October 29, 1973.
73-1823 APPROVE APPROPRIATION OF $2,500 FOR EMERGENCY WORK: DRY CREEK
DRAINAGE MAINTENANCE IN OROVILZE AND SOUTH OROVILLE AREA
Mayor Winston of Oroville spoke to the Board regarding the
Dry Creek drainage maintenance in Oroville and south Oroville area.
1Te said that it is obvious that it is both the City of Oroville and the
County's problem, Mr. Castleberry set up a diagram of the area in
question. Mayor Winston stated that about a year ago the City took steps
to protect this creek by passing an ordinance; ordinance explainedo
They feel that their ordinance is not sufficient; they feel that a
drainage district should be formed, There is a tremendous growth. in
the creek; the creek will have to be cleared out to prevent it from
causing flooding conditions.
Mayor Winston asked the Board if the County could take
emergency measures to protect the area; the creek would have to be
drag -lined. The cost for this emergency work is estimated to
be about $2,500. 7~ayor Winston said the city would be willing to
initiate the formation of the drainage district to help with this problem.
It was felt that the problem should be corrected now. He said he was
asking for the Board's consideration for the expenditure of $2,500 to do
the necessary work in the Dry Creek area.
Request discussed. The Board stated that they have a policy
not to loan money to service districts. It was felt the money could be
expended with the understanding that if a district is formed that the
funds could be repaid to the County. Chairman McKillop said he has
talked to several of the property owners in the area and he feels certain
that they would donate the easements.
Supervisor Gilman stated that there was no service district
formed for that area at this time. This could...not be considered a loan to
a service areao Chairman McKillop felt that the money should be returned,
interest free, and that the County should initiate proceedings for the
formation of the district. Two Board members could sign the appropriate
initial papers to initiate the formation and send it to LAFCO for their
consideration.
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
Page 116.
November 27, 1973
____--__-====Nogember_2~,=1373==== _ ___ ___
unanimously carried, the Board authorized the appropriation of $2,500
to do the emergency work in the Dry Creek area south of Oroville and
that the County would initiate proceedings to form a County Service Area
for drainage purposes, subject to the rights to go in and do the work.
J 73-1824 ADOPT RESOLUTION 73-192, TO INCUR BONDED INDEBTEDNESS FOR BUTTE COUNTY
SERVICE AREA ~~26- THERMALTTO IRRIGATION DISTRICT
Dave Minasian, attorney at law, presented the Thermalito
Irrigation District's request for Board consideration concerning incurring
bonded indebtedness for County Service Area No. 26. He said that
Mr. Purcell, Manager for the District, Carl Kady, financial advisor
for the district and Mr. Ringel, -engineer for the district, were present
to answer questions that the Board might ask. He requested that the Board
adopt a resolution to incur bonded indebtedness; the resolution would set
up a hearing date to hear request for the bonded indebtedness, The amount
of the bonded indebtedness being requested is $1,500,00, Use of the
funds to be incurred explained and discussed. Action requested today is to
adopt the resolution and set the hearing date.
Mr. Kady said there would be no hookup fee if the district
is able to finance this project through the bonds. He said that they
have chosen Maxch 5th, 1974 for the date of the special election. They
feel that the project should be started right away.
Gene Ringel, engineer for the district, stated that if the bond
election fails, the district needs all the time they can get to go ahead
with the project.
Request discussed.
On motion of Supervisor Ladd, seconded by Supervisor Cameron and
unanimously carried, Resolution 73-192 to incur bonded indebtedness for
Butte County Service Area ~~26 was adopted and the Chairman was authorized
to sign. December 18th, 1973 at 2:00 p.m. set as time for hearing of this
matter.
73-1825 LETTER FROM CITY OF CHICO READ URGING INVESTIGATION INTO DEATH OF
~ ~ TWO INDIGENTS
d ~' Mr. Gene Ringel, Mayor of City of Chico, read a letter from the
Chico City Council urging the investigation by the District Attorney's Office
concerning the death of the two indigents in Oroville. Discussed; no
action taken,
73-1826 APPEARANCES: PARADISE TREE ORDINANCE COMMITTEE PRESENTATION-REVISED
TREE ORDINANCE
Maurice Smith, member of the Tree Committee, explained the
proposed revised tree ordinance. He explained the purpose of the ordinance.
Changes in the proposed ordinance read and discussed. Tree defined and
discusseda
Appearing to discuss the revised ordinance:
Mrs. Bertha Smith, Chairman of the Tree Committee, read a
letter. from the Paradise Chamber of Commerce. She requested that the
people in the audience that support the ordinance stand; a large delegation
in the audience indicated that they supported the proposed ordinance.
Mrs. Smith also read a letter from the Paradise Irrigation District that
supported the ordinance.
2. Mrs. Dorothy Paradis, Oroville, spoke in opposition to the
Page 117.
November 27, 1973
____ _ _________ploszember=2Z,=1373=====________
proposed ordinance.
3. James Hansen, Oroville, spoke in opposition to the
proposed ordinance.
4. Mrs. Helyn Hilke, Paradise, spoke in favor of the ordinance.
5. Mr. Howard Johnson, Magalia, spoke in opposition.
6. Don Blake, Oroville, registered his opposition in this matter.
7. Fred Green, Paradise, spoke in opposition.
8. Mrs. Frances Romera, Paradise, spoke in opposition.
9. Mrso Dorothy Thresher, Gridley, spoke in opposition.
10. Mrso Ann Conrad, Oroville, read a letter in opposition.
lla Mrs. Shirley Greenwald, Paradise, spoke in favor.
12. Clint Bennett, Paradise, spoke in opposition.
13. Mr, Robert Sorenson, spoke in opposition.
14, Mrs. Marjorie Cox, Paradise, spoke in opposition.
15. Mrs. Phyllis Bruce, Paradise, spoke in opposition.
16. Don Wolte, member of the tree Committee, spoke in favor.
17. Mrs. Faye Nesbitt, Paradise, spoke in favor of the ordinance.
18, Mr. Bd Parker, Paradise, spoke in opposition.
19. Mrs. Helen Mayberry, spoke in opposition.
20, Mrs. Brnie Albrecht, Yankee Hill, spoke in opposition.
21. Mrs, Amy Parr, Paradise, spoke in favor,
22, Mr. Bill Fitzgerald, Paradise,. spoke in opposition.
Petitions read in opposition to the ordinance.
Hearing closed to the audience at this time and confined to
the Board for action.
Supervisor Ladd felt that if the Board was to consider any type
tree ordinance that a public hearing should be held and that it should
be put up to the vote of the people,
Supervisors Gilman and Madigan had no comments to make concerning
the proposed ordinance.
Supervisor Cameron said there was no doubt that the majority of
the people in Paradise wants some type tree ordinance. He explained how
he felt the proposed ordinance could be revised,
It was moved by Supervisor Cameron that the revised tree
ordinance be adopted,
Motion discussed and failed for lack of a second.
Chairman McKillop suggested that maybe a condition to the
Use Permits or building permits could be inserted to handle the problem
of tree removal. Mr, Castleberry felt that this might be possible.
Chairman McI€illog stated that the tree committee had been set up to help
solve this problem; he said that he would like to see them work in the
area of the use permit condition to help solve the condition, and help
retain the trees in the Paradise area.
On motion of Supervisor Cameron, seconded by Supervisor Gilman
and unanimously carried, the Paradise Tree Committee received the Board`s
commendations on their work concerning the proposed tree-ordinance and
at this time the committee was voted to be disbanded.
Page 118.
November 27, 1973.
RECESS: 1;00
RECONVENED: 2:00
73-1827 PUBLIC HEARING: INTENTION TO PURCHASE REAL PROPERTY (CONCOW DISPOSAL SITE)
The public hearing on the resolution of intention to purchase
real property for the Concow disposal site was held as advertised. County
Counsel set out the background of the hearing. An agreement for sale of
real property has been received, at a purchase price of $5,000. The
property is being purchased from Laurence Wo Shuman and his wife and
the property is to be used as a site for the Concow Road transfer station.
Hearing opened to the public. Appearing was Mrs. Ernie Albrecht,
who asked for the location of the sited She was told that the property is
on the Oroville-Concow Road and that it was 10336 acres in size. Site
discussed.
Hearing continued at this time until Mr. Castleberry could be
present to set out the exact location of the site.
73-1828 PUBLIC HEARINGS: REZONE FROM H-C TO "R-1" DISTRICT, PROPERTY LOCATED
ON BOTH SIDES OF CENTERLINE OF OROVILLE DAM BLVD. Ia:AST, FROM CANYON HIGTII,ANDS
DRIVE TO WEST LINE OF SECTION 10; REZONE FROM "C-C" AND "A-R" to "S-2"
FOR PROPERTY LOCATED ON NORTH SIDE OF OROVILLE DAM BLVD. EAST: REZONE FROM
"H-C" TO "A-R" and REZONE FROM "li-C" AND '^A-R" TO "P-X" PROPERTY LOCATID
NORTH OF OROVILLE DAME BLVD. WEST.
Public hearings were held as advertised on the following:
(1) Rezone from "H-C" to "R-1" (single family residential)
district for property located within 350 ft. and on both sides of centerline of
Oroville Dam Blvd, East, from Canyon Highlands Drive to the west line of
Section 10.
(2) Rezone from "C-C" (highway commercial) and "A-R: (agricultural-
residential) district to "S-2" (minimum-density suburban-residential) district
for property located north of Oroville Dam Blvd. East.
(3) Rezone from "H-C" (highway-commercial) to "A-R" (agricultural-
residential} all that portion of Section 3 and Section 10, located on the
south side and within 350 ft. of the centerline of Oroville Dam Blvd. East.
(4) Rezone from "H-C" (highway commercial) and "A-R" (agricultural-
residential) to "P-X" (public-quasi public) property located north of
Oroville Dam Blvd. Westo
aim Lawson, Planning Director, explained the areas involved.
He explained the recommendation of the Planning Commission in this matter,
Hearing opened to the public. Appearing;
1, Mr. Sickler, owner of Dam Site NTotel, appeared in opposition
to the proposed rezoning. He said that with the adoption of this zoning,
he could not expand the use of his property. He said that he purchased
the property so that he could expand it and make it attractive to the public.
2. Raymond Leonard, attorney at law, representing Mrs. Katherine
Bowles. He set out their opposition to the proposed rezoningo It was
his feeling that with this rezoning, the County would be destroying the
market value of Mxs. Bowles' property, as it would be destroying the
property for use as a subdivision development.
3. Mr. Darryl Stevens, attorney at law, representing himself
set out his opposition to the proposed rezoning. Tie said he would be
displeased and disturbed if mobile homes were to be allowed in this area.
Time spent discussing the proposed zoning for_the area.
4. Clay Castleberry spoke as a resident of the area in question.
He said he would hope that a better solution could be set out for the area
page 119. November 27, 1973
_ -_ _- _ _ _ _ - _ _ _ =Ngvemhex 27~ 19Z3_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
involved, He opgoses the recommended zoning for the area,
5. Mr. Al Dennison, Pine Oaks Lodge, Oroville Dam Blvd.
He requested that if the area is to be rezoned that the motel sites
be excluded.
6, Mr. Stan Pittman, representing the Ford Estate and
Mr. Cederholm. He explained his objections to the rezoning of the area.
He felt the strip along Oro Dam Blvd East be maintained as a "Highway
Commercial" District. Mr. Pittman also poke regarding the Lancashire
property. They request that the commercial over-lay be left on their
property.
7. Mr. Larry McLaughlin, representing P.G. & E., said he was
present to discuss the "P-Q" zoning. He was told that this zoning was
going to be studied further and would not be discussed at this time.
Mr. Leonard spoke in rebuttal concerning the Bowles property.
Chaixxnan McKi.llop asked theBoard members if they would like
to go out and look at the area in question and further consider the
proposed zoning.
Hearings continued at this time to ,Tanuary 8th, 1974 at 2;00 p.m.
`~ 73-1$29 ADOPT RESOLUTION 73-193 APPROVING PURCHASE OF REAL PROPERTY
CO NCOW ROAD TRANSFER STATION SITE
Mr. Castleberry present at this time and set out for Mrs. Albrecht's
question the site of the Concow Road transfer station. Mrs. Albrecht
questioned Mr. Castleberry about the purchase of the site. Mr. Castleberry
explained how the purchase price was arrived at and how the County had
looked at other sites and felt this was the best site for the price.
He feels that the purchase price is a fair price.
actix~n.
Hearing closed at this time and confined to the Board for
On motion of Supervisor Gilman, seconded by Supervisor Cameron and
unanimously carried, Resolution 73-193 approving the purchase of real
property (Concow transfer station site) was adopted and theChairman
was authorized to sign.
73-1830 APPROVE TRANSFER TO HANDLE FINANCIAL PROBLEM FOR DISPOSAL AREAS
Mr. Castleberry explained the financial problem involved
concerning the disposal areas. He said a transfer should be made within
the department budget to carry them through this financial bind. Requested
/.L ~~Q v transfer considered at this time. Purpose of the transfer set out.
~' The transfer would cover the operation up to now and allow for unbudgeted $5,000
purchase of Concow site. The transfer would be from "Landfill haul - $19,,240 and
"Rural dump haul - $7,000.
On. motion of Supervisor Gilman, seconded by gupervisor Ladd
and unanimously carried, the Board approved the inter-departmental budget
transfer in the amount of $26,240 as requested by the Director of Public
Works, to handle the financial problem for disposal areas, to take care of
this matter up to the present and to pay for the purchase of the Concow site.
73-1831 APPROVE THE CLARA GURNETT TENTATIVE PARCEL MAP
Rusell LaBarge, Trust Manager for the bank handling the Clara
Page 120,
November 27, 1973
_ _ _ _ _ _ _ _ _ _ ~ogember_2Z,_1373 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Gu'rnett property, explained the request concerning the tentative parcel
map. He have agreed that they would take back three or four deeds of
trust in this matter. They are objecting to conditions No.l and 5
of the planning Commission's recommendations. Chairman McKillop asked
what guarantee the County would have if these conditions wexe not met
at this time. The conditions of the tentative map would have to be met
prior to the final map being approved.
Conditions discussed. Ken Jarvis explained the request for
the county to be more lenient concerning Conditions 1 and 5. Chairman
NlcKillop asked if they weuld be willing to post a bond regarding the
easements. The developers object to this because they do not have any
immediate plan for development. Tt was felt that there was no way they
could guarantee the building of the roads at this timed
On motion of Supervisor Cameron, seconded by Supervisor Madigan
and unanimously carried, the following tentative parcel map recommended
for approval was approved;
Zoned A-R Clara Gurnett, AP 51-25-17, 3 lots, north-
west side of Neal Road, and at end of Orchard
Drive, Paradise. Surveyor: Gary Lippincott
Pursuant to the requirements of Section 20.3 of the Butte 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 Committee and the Planning Commission recommends
approval of the tentative map, subject to the following conditions:
1. Build the 60 ft. right-of--way to Parcel 3 to County standards.
2.. Deed to the County of Butte 30 ft. right-of-way measured from
• the centerline of Neal Road.
3. Indicate 50 ft. building setback lines measured from the center-
lines of Neal Road and the proposed easements.
4. Verify the location of the septic tank system on Parcel 1 and
relocate if necessary.
5. Orchard Drive to be paved from the edge of the present pavement
to the property .
A Negative Environmental Impact Declaration was filed with the
County Clerk on October 23, 1973.
Page 121.
November 27, 1373
_ _ _ _ -- _ _ _ _ _ _ =Nnv~mher 273 1913_ _ _ _ _ _ _ _ _ _ _ _ _ _
73-1832 PUBLIC HEARING: RENAME COUNTY HIGI3WAYS, RIVER VIEW DR.IVE,HILLGREST
AVENUE AND WYANDOTTE MINERS RANCH ROAD, OROVILLE: •_., ?"~•ti
The public hearing on the renaming of county highways, River
View Drive, Hillcrest Avenue and Wyandotte Miners Raneh Road, Oroville,
was held as advertised. Background of the renaming explained.
Hearing opened to the public.
Appearing in favor; no ones Appearing in opposition: no one.
It was moved by Supervisor Gilman and seconded by Supervisor
Madigan that the Resolution renaming county highways be adopted and the
Chairman be authorized to sign.
Supervisor Ladd stated he has received many telephone calls
on this matter of renaming of County roads. Motion discussedo
Motion and second with drawn at this time and the matter
was put over one week for approval or rejectiono
73-1833 CONTINUATION OF KENNY OLSON ZONING OF PROPERTY ON LIBBY ROAD,
PARADISE HEARII~G_:_ REQUEST DENIED
The public hearing on the Kex~a~.y Olson request for zoning of
property on Libby Road, Paradise, was held as continued from October 9,
1973, Mr. Olson was not gresent at this time, Hearing closed to the
public and confined to the Board for action.
On motion of Supervisor Came7n n, seconded by Supervisor Madigan
and unanimously carried, the Kenny Olson request for zoning of property
on Libby Road, Paradise, was denied, as recommended by the Planning
Commission,
73-1834 PERSONNEL DEPARTMENT AUTHORIZED TO CONDUCT A CLASSIFICATION STUDY
FOR PARADISE RECREATION AND PARK DISTRICT.
Jim Rackerby, Personnel Director, was present at this time
to discuss the request of the Paradise Recreation and Park District to
have Personnel Department to conduct a classification and pay study
for the District. He said they have discuss this matter with the District.
There are only 14 positions to look at and study; Personnel Department
does not want to become involved in their pay schedule. He said the
PEP analyist could do the work involved.
On motion of Supervisor Cameron, seconded by Supervisor Gilman
and unanimously carried, the Personnel Department was authorized to
conduct a classification study for the Paradise Recreation and park
pistrict.
73-1835 AUDITOR AUTHORIZED TO UTILIZE FUNDS TO DO DRAINAGE WORK IN
COUNTY SERVICE AREA N0. 38
Supervisor Cameron stated that the Auditor wants Board
authorization to do drainage work on Elliott Road, within County
Service Area No. 38. He said there were funds available in the County
Service Area No. 38 fund. Request discussedo
On motion of Supervisor Cameron, seconded by Supervisor Gilman
and unanimously carried, the Auditor was authorized to utilize funds
within County Service Area No, 38 budget to do drainage work within the .
District.
73-1836 COUNTY COUNSEL TO PROCEED WITH CIVIL ACTION TO ENFORCE A CEASE AND
DESIST ORDER REGARDING WARD BOULEVARD
Supervisor Madigan asked if the County was progressing on the
Ward Boulevard situation. He stated that the Title Company has located
Mro Fields. Supervisor Cameron felt that Mr. Fields should have the
opportunity to sign the necessary documents.
It was moved by Supervisor Madigan and seconded by Supervisor
Gilman that the Board rescind their previous action regarding the Ward
Boulevard lot splitting and authorize County Counsel to proceed with
action on the matter on a civil basis, page 122, November 27, 1973
_ _ _ _ _ _ _ _ _ = =Nnvgmber 27x 19.23_ _ _ _ _ _ _ _ _ _ _ _ _
Motion discussed, Supervisor Cameron felt that action should
be put off one week to secure Mr, Field's signature on the Deed of Trust.
Motion amended to read "It was moved that if County Counsel
does not secure the signature of Mr. Fields on the deed of trust and the
requirements are not met within the next week, County Counsel is
instructed to proceed with the civil action in the matter of the
Ward Boulevard lot split matter".
Motion carried unanimously.
RECESS; The Board recessed at 4;15 to go into an executive session to
interview applicants for the Public Guardian position.
RECONVENED: The Board reconvened at 5:20 following an executive session.
73-1837 APPOINTMENT OF JOHN ALLEN AS PUBLIC GUARDIAN
On motion of Supervisor Gilman, seconded by Supervisor Cameron
and unanimously carried, John Allen was appointed Public Guardian, said
appointment to become effective whenever he can be transferred from the
Superior Court.
73-1838 MOTION OF INTENT: TRANSFER OF A 3 YARD DUMP TRUCK TO BUTTE COUNTY
HOUSING AUTHORITY
Supervisor Ladd reported that the Butte County kiousing Authority
has a need fora truck, They have asked for one of the County trucks that
axe being traded in on the new trucks. Tt was felt that a 3-yard dump
truck would serve their purposes.
Request discussed, It was stated that it would involve making
a three way deal with the dealer. Purchasing Agent to work on the matter
of the trade-in of the truck.
It was moved by Supervisor Gilman, seconded by Supervisor Cameron
and unanimously carried, that it was the intent of this Board to transfer
a 3-yard dump truck to Butte County Housing Authority when the new
trucks have been received, at the price quoted as the trade-in price by
the dealero
Mr. Nickelson will report back next week on the course of
action that will be taken in the matters
73-1839 REPORT BY SUPERVISOR CAMERON: HISTORICAL AAVTSORX COMMITTEE
Supervisor Cameron reported on the meeting of the Historical
Advisory Committee with Michael Doyle, Sacramento, State Beaches and
Parks. The guidelines for Butte County were presented at that time,
Supervisor Gilman stated that the Historical Society will be
before the Board in the near future asking for the use of rooms at the
old County Hospital for a Historical Museum,
ADJOURNMENT:
There being nothing further before the Board at this time,
the meeting was adjourned at 5:30 to reconvene on Tuesday, December 4th,
1973 at 9;00 a.m.
ATCTEST~: CLARK A. NELSON, COUNTY CLERK ~,
By?-~J d C 'rman of the Boa d _
Board of age 123.
Supervisors Clerk November 27, 1973