HomeMy WebLinkAboutM112872November 28, 1972
STATE OF CALIFORNIA )
SS,
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Ladd, Madigan, Maxon, McKillop and Chairman Gilman.
Ev Bosworth, Assistant Administrative Officer, Daniel Blackstock, County
Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Board of
Supervisors Clerk.
INVOCATION: Supervisor Madigan
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
72-1854 APPROVAL OF MINUTES
On motion of Supervisor McKillop, seconded by Supervisor Ladd and
unanimously carried, the minutes of November 21, 1972 were approved as
mailed.
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72-1855 COMMiTNICATIONS
Don Black, Mr. Black submits his resignation as Agricultural Commission
0 ~<~d ~ aad Air Pollution Officer to be effective January 31, 1973,
7 O ~.~ Discussed; taken under submission.
Butte College site property owners, Letters from the following persons
owning property near the new Butte College Campus site urge the
Board to restore the A-3 interim zoning: Mr. Tony Turley, Mr, Donald
Rogers, Mr, and Mrs. Alton Mitchell, Mr. A. Dale Rogers, Mr. John
Abe11 and Mr, and Mrs, John Lanzavecchia. Discussed, To be
discussed later in the meeting.
Mr, Donald R, Koppenberg, Paradise, Mr. Koppenberg files an appeal to
change one condition of a proposed lot split on South Libby Road.
Discussed. See motion following communications,
Millington & Millington, attorneys. Mr, Robert Millington writes on
.~ p behalf of the Wild Goose Club and possibilities of contracting
/ O 0 / to place the property under the Williamson•Act. Referred to the
Williamson Act Committee to study before action is taken,
St, Clair Construction Company. The Company is in the process of
constructing homes on three lots on Castle Drive, Paradise and
~/c/~f.0 v request approval for abandonment of portion of an easement as shown .
on a map which is enclosed with the letter. Discusseda Referred to
Public Works and Planning for handlings
Northern California County Supervisors Association. Norman A, Wagoner,
secretary, writes that the annual meeting will be held in Redding
/ 0 U,(o ~ December 8 and 9 and request designation of choice of director
and to serve on committees, Discussed, Board members will select
committee they desire to serve on, No action taken at this timed
Senator Alan Cranston, Senator Cranston forwards a copy of letter signed
jointly by him and Senator Tunney to the Secretary of Labor opposing
~ Q(? 2.~-and requesting review of recent policy decisions made by the
Regional Manpower Administrator, involving Manpower Area Planning
Councils. Referred to Jim Rackerby, Personnel Director,
Page 433,
November 28, 1972
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Kenneth Ho Leach, District Attorney. Peace Officers Status, Welfare
2 ~ ~ d Investigators. To be discussed later in the meeting.
Katherine Best. .Valley View-Crestimoor Access road .problem. Read and
' discussed, Mrs, Best requests that this matter be placed on the
J agenda for Tuesday December 5th for a full discussion. Dan
~~~ ~ Blackstock, County Counsel, stated that the Stipulation in this
matter has been signed and that Stipulation is binding.. Request
discussed. Mrs. Best desires clarity on the wording of the
Stipulation. Matter placed back on the agenda for Tuesday,
December 5th at 1:30 p,m,
Owen Petersen and Mr. and Mrs. Ivan W. Tilton. Zoning for the area
around the Butte College campus site at Pentz and Clark Roads,
j Mr, aim Lawson, Planning Director, explained the matter of the zoning,
(3 O tl He stated that there was a committee meeting yesterday and another
f one is set for December 11th, He has an interim zoning ordinance
prepared, Mr, Lawson .s aid he felt the committee was really working
on this zoning matter, Mr, Earle, representing Butte Community
College, attended the committee meeting. He said he received
the impression that the Lucky 7 Ranch is now amiable to the A-3
zoningo Time spent discussing interim zoning for the area.
Supervisor Ladd stated that at this time he would go for another
90 day interim zoning ordinance, but something will have to be
proposed before the 90 days expire.
See motion adopting ordinance following communications,
Dick Reineke. Chairman Gilman read the letter from Mr. Reineke concerning
the U. S, Hertz, Incorporated hearing for a use permit for a
130 unit mobile home park. Letter to be discussed during the hearing
at 1:30 p,m,
W-n,. Gianelli, Director of Department of Water Resources, Letter addressed to
Supervisor Madigan concerning the rice problem of John K. Orme.
Read and discussed, No action taken,;
72-1856 GRANT EXCEPTTON: MR. DONALD R, KOPPENBERG, PARADISE, LOT SPLIT ON S. LIBBY RD
Request of Mr, Donald Koppenberg, Paradise for a change of one condition
of a proposed lot split on South Libby Road discussed. The condition states
that a 10' easement must be granted an Godley Lane. Mr. Koppenberg is willing
t o give a 5' easement; this would make a 55` access. Supervisor McKillop.
felt that the 5' easement would be sufficient. Clay Castleberry, Director of
Public Works, said that it has been'the policy to provide 60' easements. The
requirement would create a hardship in this case. He did not feel that the
55' easement would be harmful in this location. Request further discussed.
On motion of Supervisor Maxon, seconded by Supervisor McKillop and
unanimously carried, the Board granted the requested exception to the condition
requiring a 10' easement on Godley Lane, changing the condition from 10' to
5', for the lot split of Mr. Donald R. Koppenberg on South Libby Road.
72-1857 ADOPT ORDINANCE 1303, TO EXTEND AN INTERIM ORDINANCE ZONING A PORTION
OF THE COUNTY AN "A-3" (AGRICULTURAL) DISTRICT, PURSUANT TO ORDINANCE N0.
475. AS AMENDED. FOR THE AREA NEAR THE 1`(,gW BUTTE COLLEGE C~US SITE
On motion of Supervisor McKillop, seconded by Supervisor Madigan
and carried, Ordinance No, 1303, an interim ordinance zoning a portion of the
County of Butte an "A-3" (agricultural) District, pursuant to Ordinance No. 475,
as amended, for the area near the new Butte College Campus site was adopted and
the Chairman was authorized to sign.
AYES: Supervisors Ladd, Madigan, McKillop and Chairman Gilman
NOES: Supervisor Maxon Page 434.
November 28, 1972
a
November 282 1972
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RECESS: 10:00
RECONVENED: 10:15
72-1858 ADOPT BY-LLL~WS - COi•:T~IUDTIT'~ ACTION AGENCY GOVERNING BOARD
Ev Bosworth, assistant Administrative Officer, presented the
proposed by-laws for the Bu~r:e County Economic Opportunity Council, Inc,
Mr, Roy Garlic explained the changes made in the by-laws. Item I, in the
Administering Board Section one, sets out how the alternate members are
appointed; they are selected from the runners up in the election.
Dan Blackstock, County Counsel, set out questions concerning
the time for calling a special meeting. He feels that it should be
handled the same as under the Brown Act. The section will be changed to
state that the meetings will be called in compliance with the Brown Act.
Representation on the Council discussed. Term of private sector and
public sector set out and discussed, It was felt that when vacancies occur
on the Board, the Board could consider the other fields for representation on
the Board. Mr. Garlit said the bylaws could-tie adopted with a Resolution
that a paragraph be added L-o the section considering representation on the Board.
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, the Butte County Economic Opportunity Council, Inc. by-laws were
adopted with the resolution that the paragraph will be added to the section
concerning membership on the Board and with the changing of the paragraph
to substitute the Brown Act for special meetings to be called.
AYES: Supervisors Ladd, Madigan, McKillop and Chairman Gilman
NOES: Supervisor Maxon
72-1858 DISCUSSION OF DISCONTINUANCE BY BOARD OF SUPERVISORS AS THE
COMMUNITY ACTION AGENCY
The discontinuance by Board of Supervisors as the Community Action
Agency discussed at this time. It was stated that-the State is supposedto take ove
this program. Chairman Gilman stated that this had been discussed at the
Palm Springs meeting. Supervisor McT~illop suggested that it could be
stated that the Board of Supervisors was considering this and that maybe
the Administering Board could discuss the matter at their next meeting.
They could return to the Board of Supervisors with their suggestions.
Matter placed back on the Board of Supervisor's agenda for Tuesday, December
12th, 1972 for the Administering Board to respond to this progosalo
No ather action taken at this timed
72-1859 LETTER APPROVED TO BE SENT IN ANSWER TO REQUEST OF MR. RODRIQUEZ.'
CONCERNING THE DISMISSAL OF ART ELMORE AS EOC DIRECTOR
Dan Blackstock, County Counsel, presented the letter he had been
directed to write last creek, concerning the answer to Mr. Rodriquez's letter
concerning the dismissal of Art Elmore as EOC Director. Letter read and
discussed. The Board members felt that this was a well written letter.
On motion of Supervisar Maxon, seconded by Supervisor Ladd and
unanimously carried, the letter concerning the dismissal of Art Elmore as
EOC Director was approved to be sent to Mr. Rodriquez.
Page 435.
November 28, 1972
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72-1860 APPROVE CCO ~~2, SUPPLEMENT 1 EAST FIFTH AVE, BRIDGE TOPICS PROJECT
On motion of Supervisor McKillop, seconded by Supervisor Madigan
and unanimously carried, Change Order No, 2, Supplement 1, East Fifth Avenue
Bridge TOPICS Project T-3014(2) was approved, which provides for the
extension of working days required to complete the work under CCO ~~2, which
was for revising the barrier railing, and the Chairman was authorized to sign,
72-1861 APPROVE AGREEMENT FOR EXCHANGE: OAKVALE AVE, & ADOPT
pji~RESOLUTION 72-2~3 AUTHORIZING ABANDONMENT OF PORTION OF OAKVALE AVENUE
On motion of Supervisor Maxon, seconded by Supervisor Madigan
and unanimously carried, the following action was taken:
1. Approved the agreement for exchange-Oakvale 100-58-1
Fred H, Mass 0.073 acre Exchange - and authorized the
Chairman to sign the agreement,
2, Adopted Resolution 72-203 authorizing abandonment of a
portion of Oakvale Avenue and authorized the Chairman to sign.
/ 72-1862 ADOPT RESOLUTION 72-204 DECLARING THAT BUILDING PERMIT FEES INCLUDE
THE FEES FOR STRONG MOTION INSTRUMENTATION PROGRAM
Clay Castleberry, Director of Public Works, explained this matter.
He felt it would save the County money to take the .07 from the present
building permit fees that are being received, Matter discussed.
On motion of Supervisor McKillop, seconded by Supervisor Maxon
and unanimously carried, Resolution No, 72-204 declaring that building permit
fees include the fees for Strong Motion Instrumentation Program was adopted and
the Chairman was authorized to sign.
72-1863 APPROVE FUND TRANSFER, RIGHT OF WAY ACQUISITION
Clay Castleberry, Director of Public Works, said that pending
receipt of SB 325 funds for Skyway right-of-way acquisition, it is requested
that Buschmann Road Extension project be deferred and funds budgeted for
this project (WO ~~1853) be transferred to right-of-way acquisition account,
Request discussed,
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, the Board approved the deferral of Buschmann Road
Extension (WO ~k1853) and authorized a transfer of all funds from WO ~~1853 to
right-of-way account 53-10,
72-1864 DISCUSSION: BID RESULTS EMERGENCY ELECTRICAL GENERATION FACILITIES AND
NEW MAIN ELECTRICAL SERVICE FOR BUTTE COUNTY HOSPITAL OROVILLE
Mr. Castleberry presented the bid results for the emergency
electrical generation facilities and new main electrical service for Butte
County Hospital, Orovilleo He said two bids were received. The low bid
was Superior Electric; the other bid was received from Loyd's Electrico
Mr, Castleberry said he was not asking that the bid be awarded at this time.
Bids were referred to the Hospital Coamiittee for their study and to be
placed back on the agenda at a later date,
72-1865 DISCUSSION: SB 325 PR03ECT5 PLACED ON OTHER LOCAL AGENCIES ANNUAL
PROJECT PLAN THAT AFFECT BUTTE COUNTY
SB 325 projects placed on other local agencies annual project
plan that affect Butte County discussed. He said that some of the cities have
proposed projects that would spend some of the County's allacations. Mr,
Page 436.
November 28, 1972
November 282 1972
Castleberry felt that the cooperative projects should be negotiated
before hand. The City of Chico has proposed a small demonstration bus
program and it would use about $12,000 of the County's allocation.
Matter discussed; no action taken.
72-1866 DISCUSSION re NEED FOR BUILDING PLAN CHECKER
Mr. Castleberry explained the need for building plan checker.
He said they are going to do something that will help the sanitation permit
applications. The sanitarians will work out of his office. Mr. Castleberry
explained the building program; he said that maybe with some additional help they
might be able to provide lunch time service and more time in Chico and Paradise.
He said he was hoping that the Board will authorize him to search for a combination
inspector and plan checker. The building department are attempting to do
things that will speed up the program and provide more office hours in the
Chico and Paradise offices, Supervisor McKillop said it should be pointed
out that inspection fees are on an enterprise fund basis. He feels that
the Board should authorize the additional personnel. County Counsel said
an ordinance would have to be prepared in this matter,
On motion of Supervisor Maxon, seconded by Supervisor Madigan
and unanimously carried, the Board concurred with the request of Public
Works Director and requested that County Counsel prepare an ordinance
that would add the additional personnel as requested by Mr. Castleberry.
72-1867 AUTHORIZE CLOSING OF ONE BLOCK OF SPENCER AVENUE FOR THE EL MEDIO
FIRE DEPARTMENT CHRISTMAS PARTY
On motion of Supervisor McKillop, seconded by Supervisor Ladd and
unanimously carried, the Board approved the request of the El Medio Fire
Department to close one block of Spencer Avenue for the EL Medio Christmas
Party.
72-1868 ADOPT RESOLUTION 72-205 AUTHORIZING THE CHAIRMAN TO STGN AGREEMENT
W~'FH STATE FOR CONSTRUCTION OF FOUR BOAT RAMPS
Supervisor McKillop said he would like Public Works to be
authorized to go ahead and construct the extensian of the four boat ramps
and turn arounds on the boat accesses to the Lake. Mr. Castleberry said
he hoped that they would not have to do any maintenance on the ramps.
Mr. Castleberry stated that they have typed in the 10 year term rather than
a 20 year term. Supervisor McKillop said his greatest concern was that
the water would be coming up again soon and the County would have to wait
a year to build these boat ramps. There is a grant from the State to do
this work and it is adequate to cover the construction of the four access
ramps and turn arounds.
Dan Blackstock, County Counsel, said he did not know how this
would affect the County's liability insurance. The County will be legally
responsible to maintain the ramps. Liability for the ramps discussed.
On motion of Supervisor McKillop, seconded by Supervisor Maxon and
unanimously carried, Resolution 72-205 authorizing the Chairman to sign
the agreement with the State for the construction of the four boat ramps
was adopted and the Chairman was authorized to sign.
72-1869 REPORT ON PROPOSALS FROM ARCHITECTS FOR COURTHOUSE REMODELING
County Counsel reported on proposals from architects for courthouse
remodeling. He has three proposals. One proposal is fram McCain and
Associates for County Counsel's remodeling in the amount of $1,OOfl.
Page 437.
November 28, 1972
November 281 1972
A letter from Mr. Fox, an architect from Chico, is the second proposal.
He did not care to bid. Mr. Lo Ward, Chico, saw more work in the project
and he indicated that he could do the work for $1750. ~~
Mr. Castleberry said he could do the work for lesso
Supervisor M cKillop said he would like to see this matter and
the matter of the generator for the hospital referred to Supervisor Ladd for
working with Mr. Castleberry on a solution to both items. The Chairman
said it was so ordered,
72-1870 APPEARANCE: BILL TOMPKINS PARADISE: AIR POLLUTION IN PARADISE
Bi11 Tompkins, Paradise, said he was requesting that the Board consider
some changes in the air pollution laws. He feels that the air pollution
problem in Paradise is bad. Mr. Blackstock suggested that Mr. Tompkins
meet with Neil McCabe, deputy county counsel, and Mr. McCabe could explain
this matter to Mr. Tompkins. No action taken.
72-1871 AUTHORIZE TREASURER TO PURCHASE A NEW BOOKKEEPING MACHINE AT A MAXIMUM
COST OF $2,300.
D. C. Swinney, Treasurer, reported to the Board that two of
the bookkeeping machines in his office has given out. These machines were
purchased in 1951. There was a meeting held on last Friday morning to
see if there could be any possible way to implement the data processing
program and it was felt that it would be impossible to push it. The
Burroughs Machine has bars that are programmed. In line with this, Mr. Swinney
requests that he be authorized to purchase a bookkeeping machine from Burroughs
Corp, at a cost of about $2300.
Tam Struthers explained what has been done. It would appear
that this is not a competitive machine. He said he would recommend
that the Board waive the bidding requirement.
Request discussed.
On motion of Supervisor Maxon, seconded by Supervisor McKillop
and unanimously carried, the Treasurer was authorized to purchase a new
bookkeeping machine from Burroughs Corp. at a maximum cost of $2300;
that the bidding requirement be waived and that a transfer of funds be
authorized from the general fund to cover said purchase,
72-1872 APPEARANCE OF ROBERT LEMPKE PARADISE CHAMBER OF COMI~E RCE
Mr. Rabert Lempke, Paradise Chamber of Commerce, reported on
the request for funds for the distribution of questionnaires in the
Paradise area by the Paradise Chamber of Commerce. The Chamber has
asked the Paradise Irrigation District, the schools and the Recreation
District if they wanted to be included in this questionnaire and that have
all responded that they would like to be included in the questionnaire.
The Chamber has raised fees of $225 from each district that desires to be
included, He is requesting now a fee of $225 from the County for the inclusion
of questions set out by County department heads, Supervisor Maxon suggested
that the Board could raise the allocation to the Chamber for one year.
Chairman Gilman said that before he would buy this concept, he would like
to know the department heads that are participating.
Request discussed. The questionnaire will be out in January,
Mr. Lempke said he could get the questions that were proposed by the
Department heads and present ~ ge t~o3~he Board. Supervisor Ladd said he
November 28, 1972
November 28,, 1972
-------------------- ----------------
would like to have the Administrative Officer contact the department heads
and determine what areas the questions covered,
Mr. Lempke said he would return in two weeks with the questions
to be included within the questionnaire. No action taken at this time.
72-1873 ADOPT ORDINANCE NO 1304 INTERIM ZONING F'flR THE DURHAM AREA
Chairman Gilman explained the concern of the Durham Community
Planning Committee and how it had been formed. He said there was a problem
of high density development suggested. Volunteers from the Durham
Community Committee serve to look at zoning and building needs in the Durham
community.
Mi, Harold Shively of Durham, spokesman of the group, sai..i that a
committee of 11 people was.. formed ne~tco a committee to study zoning in the
area, They would like the A-2 areas zoned A-3 or A-R on an interim basis,
If the interim zoning is granted, then a study will be made of the area to
determine the best zoning for the community. Dan Blackstock, County Counsel,
explained how the matter could be handled, Mr, Shively presented a petition
signed by the property owners,
On motion of Supervisor McIfi.llop, seconded by Supervisor Madigan
and unanimously carried, Ordinance 1304, an interim ordinance zoning a
portion of the County as an A-3 district (Durham) was adopted and the Chairman
was authorized to sign.
72-1874 ADOPT RESOLUTION FOR LIME SADDLE COMMUNITY SERVICES DISTRICT,
ACCEPTING THE LOW BID
Ev Bosworth, assistant Administrative Officer, reported on the
bids for money for Lime Saddle Community Services Aistrict. Two bids were
received; one bid was from Central Valley Bank and the other bid was
from Crocker National Bank, Crocker National Bank was the low bidder.
Mr, Bosworth recommended that the Board adopt a resolution accepting the
low bid and authorizing the Aistrict to sign the note for the money,
On motion of Supervisor Maxon, seconded by Supervisor McKillop
and unanimously carried, Resolution No. 3, Lime Saddle Community Services
District, was adopted accepting the bid of Crocker National Bank for the
loan of $4,000 at 42% interest, and the Chairman was authorized to sign.
Mr, Bosworth stated that when the $4,000 is available, the funds
will be dispersed through the Auditor's Office. He said the Board should
authorize the Auditor to disburse the funds.
On motion of Supervisor Maxon, seconded by Supervisor McKillop
and unanimously carried, the proceeds of the loan were appropriated for the
operating expenses of the Lime Saddle Community Services District, and the
Auditor was authorized to disburse the funds
Mr. Carl Fisher, member of the Ad Hoc Committee for Lime Saddle
Community Services District, said they were requesting that the Board allow
them to file the application to solicit funds from the Federal Government.
The preliminary application for Federal assistance for funds discussed.
On motion of Supervisor Maxon, seconded by Supervisor McKillop
and unanimously carried, filing of the application for Federal assistance
funds for Lime Saddle Community Services District by the manager was
authorized, subject to County•Counsel's review.
P2ge 439. November 28, 1972
November 28, 1972
Mx. Fisher said the District would like to have the Manager-
Secretary pay the filing fee with the State Board of Equalization for
the map and description of the District, in the amount of $350, Mr,
Bosworth said the District could draw on the funds placed in the hands
of the Auditor.
On motion of Supervisor McKillop, seconded by SupervisoxMaxon
and unanimously carried, use of the funds of Lime Saddle Community Services
District for the filing of the map and boundary descriptions with the State `\
Board of Equalization was authorized, in the amount of $350000.
RECESS: 12:05
RECONVENED: 2:00
72-1875 PUBLIC HEARING: U, S. HERTZ, INC.: USE PERMIT FORA 131 UNIT MOBILE
HOME PARK ON PROPERTY ZONED "A-2'" (GENERAL) CHICO
The public hearing on the application of U. So Hertz, Inc.
for a use permit for a 131 unit mobile home park on property zoned '"A-2"
(general) and '"C-2" (general comtre rcial), located on the southeast corner
of U. S, 99E and Eaton Road, identified as AP 44-47-62 and part of
AP 44-47-63, Chico, was held as continued, Jim Lawson, Planning Director,
summarized the actions that have taken in this matter. This was recommended
for approval by the Planning Commission9 with the finding that it would
have an environmental impact on the community, It would have the potential
of requiring additional community serviceso
Chairman Gilman said that at this time the Board would continue
with the public participation. Appearing:
1. Mr, Larry Salzer, engineer for the developmento He feels
that this mobile home use is the best use of this site.
2. Mr. Lee Baxter, property owner, He is opposed to the
granting of the used
3o Mr, Gene Myers9 he lives across from the proposed mobile home
park. He is opposed to this park.
4, Mr. C, E, Williams, Hackamore Lane. He opposes the granting
of the use permito
5, Mrs, Marjorie Johnson; she owns property across from the
proposed site. She opposes the use.
6. Mrs. Lena Martin, Hackamore Lane. She is opposed to
the granting of the use permit.
7. Mr, Dean Vowell, He opposed the use.
8. Jahn Stutz, Chico, appeared in opposition,
Chairman Gilman stated that while public sector was still open
he would like to have the Clerk read the letter from Mr. Dick Reineke
requesting that this hearing be continued one week, Request discussed,
Supervisor McKillop said he would like to go over and look at the site.
Page 440,
November 28, 1972
_ _ _ _ _ _ _ _ _ _ November=28,^1972 _ _ _ _ _ _ _ _ _ _ _ _ _
Hearing continued it~c .l3ecember 12th, 1972 at 1:30 p.m.
Planning Department will notify Mr, Reineke of the hearing date,
72-1876 PUBLIC HEARING: ROBERT CARR: PROPOSED REZONING FROM "A-2" (GENERAL AND
"PA-C" PLANNED AREA CLUSTER TO "A-SR" AGRICULTURAL-SUBURBAN RESIDENTIAL DISTo
The public hearing 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 intersecta.on of Glenwood Avenue and Oak Way was held as
advertised, Jim Lawson, Planning Director, summarized the action of the
Planning Commission in this matter. This is in the West Chico areao The
Planning Commission recommended this rezoning for approval; the Commission
found that there would be no environmental impact from the rezoning.
Hearing opened to the public.- Appearing:
1, Mr, Robert Carr, Chicoo He explained the request for
rezoning,
2. Mr. Jerome Peters, attorney at law and resident of the proposed
area. He feels that this is good planning and he endorsed the proposed
rezoning.
3. Mrs. Turner. She requested that her property be deleted from
this rezoning and left "PA-C". Mr, Lawson stated that her exclusion was
recommended by the Commission.
4. Robert Britton, Chico, He said he was opposed to the exclusing
of any of the property from this rezoningo
5. Mr, John Stutz. He feels that if the Turner property
is deleted there will be a fight in the future concerning the use of this
property.
6, Mr. Bob Lanin. He said he was going along with the majority
of the land owner~n the area. He feels that the zoning should be approved
as proposed,
Hearing closed and confined to the Board. Chairman Gilman said
he disagrees with the Planning Commission~in respect to the deletion of the
Turner property, County Counsel said they must either act on this proposal
as delineated or send it back to the Planning Commission, Time spent
discussing the proposed rezoning.
72-1877 ADOPT ORDINANCE N0, 1305, ZONING A PORTION OF THE COUNTY AN "A-S R"
AGRICULTURAL-SUBURBAN RESIDENTIAL) DISTRICT
On motion of Supervisor Madigan, seconded by Supervisor Maxon
and unanimously carried, Ordinance No. 1305 zoning a portion of the County an
"A-S R" (agricultural-suburban residential) district was adopted and the
Chairman was authorized to sign.
72-1878 PUBLIC HEARING_WM. S. TOWNE & MALCOLM D. JARRED-PROPOSED REZONING FROM
"A-2" (GENERAL DISTRICT TO "M-2" (HEAVY INDUSTRIAL) DISTRICT CHICO
The public hearing on the Wm, 5, Towne & Malcolm Do Jayred proposed
Page 441,
November 28, 1972
November 28, 1972
rezoning from "A-2" (general) district to "M-2" (heavy industrial) district,
an area generally described as located 1,200 fte west of State Highway 99E,
south of SPRR (Stirling City Branch) being the westerly portion of
AP 40-40-05 was held as advertisedo Mr. Lawson summarized the action of the
Planning Commission. Planning Commission recommend~pproval of the rezoning,
Hearing opened to the public at this time. Appearing in
opposition: no ones Appearing in favor: No one. Hearing closed
to the public and confined to the Board for action.
72-1879 ADOPT ORDINANCE N0. 1306, AMENDING COUNTY ORDINANCE N0. 947,
CONSOLIDATING "M-2" {~At7y INDUSTRIAL) DISTRICT
On motion of Supervisor Maxon, seconded by Supervisor Madigan
and unanimously carried, Ordinance No. 1306, amending County Ordinance No. 947,
consolidating "M-2" (heavy industrial} district, was adopted, with the
finding that it would have an environmental affect on the Community and
the Chairman was authorized to sign.
72-1880 APPROVE SEVEN TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL WITH NO
ENVIRONMENTAL IMPACT
On motion of Supervisor Maxon, seconded by Supervisor McKillop
and unanimously carried, the following tentative parcel maps were approved
with the finding that they will have no significant effect on the environment,
subject to the conditions placed on the maps, and with the finding that they
are consistent with the General Plan:
1, Sam Fortino Realty, AP 57-42-32, 2 lots, northeast corner
Holmwood Dr. and Rosewood Dr., Magalia.
2. Donald R. Koppenberg, AP 54-192-96., 2 lots, on S, Libby Rd.
and Dottie Lane, Paradise.
3, Richard Shepherd, AP 54-20-05, 2 lots, east side Sawmill Rd.,
Paradise.
4. Larwin Developments, Inc., AP 66-03-50, 51, 52 and 53, 4 lots,
Paradise Pines County Club Estates Unit No. 1, Paradise.
Engineer: The Murray-McCormick Environmental Group.
5. Blake Teague, AP 50-05-27, 3 lots, Clark Rd. and Wee DeI Lane,
Paradise. Surveyor: John W. Hamby
6. John H. Sisler, AP 50-24-21, 3 lofs on Pentz Rd. and Spark
Lane, Paradise. Surveyor: John W. Hamby
7. Dorothy J. Borges, AP 24-17-09, 2 lots, on Turner Avenue
near Cowes Avenue, Gridleyo
72-1881 DEFER ACTION FOR ONE WEEK: TWO TENTATIVE PARCEL MAPS RECOMMENDED
FOR APPROVAL WITH AN ENVIRONMENTAL IMPACT
Discussed the two tentative parcel maps recommended for
approval with an environmental impact. The David Jefferies, AP 40-15-19, 2 lots,
on Lott Rd, near Cummings Rd., Burham was deferred at the request of Chairman
Gilman. He would like to Bo over the property in question. The tentative
parcel map of Lief Steinberger, AP 58-26-01, 2 lots, on Hwy. 70 near Oroville-
Concow Rd., Paradise was also deferred to Tuesday, December 5, 1972, Board
members will look at the property in question.
72-1882 APPROVE THE TENTATIVE PARCEL MAP OF B. JACK BOTTOM, CONTINUED FROM
MEETING OF NDV. 21, 1972
Discussed the tentative parcel map of B. Jack Bottom, AP 37-26-68,
4 lots, corner of Veathervale and Canal Drive, Oroville, The lot sizes
Page 442,
November 28, 1972
November 28s 1972
are marginal. It was sated that a person from the Health Department
was to be present at this meeting to explain the matter of the perculation
tests. Action deferred until the sanitarian is present.
RECESS: The Board recessed at 3:25 to go into an executive session>
RECONVENED: The Board reconvened at 5:20 following an executive session.
Chairman Gilman announced that the Executive Session had been
held to discuss the appointment of a new E.O.C, Director, The Board has
made no decision in this matter at this time.
FURTkTER DISCUSSION ON THE B. JACK BOTTOM TENTATIVE MAP
Mx, Lawson stated that the sanitarian had been present and
had agreed that the map could be approved with the understanding that
there would be 22,500 sqo feet for Parcels 2 and 3. Map discussed.
On motion of Supervisor Maxon, seconded by Supervisor McKillop
and unanimously carried, the tentative parcel map of Bo Jack Bottom, AP 37-26-68,
4 lots, corner of Feathervale and Canal Drive, Oroville, was approved with
the finding that there will be no environmental imgaGt„ subject to the adjustment
of the lot lines and the providing of 22,500 sq, feet for parcels 2 and 3;.
72-1883 PUBLIC HEARING SET: MELVIN L, CARVER-REZONE FROM "A-R" (AGRICULTURAL-
RESIDENTIAL) DISTRICT TO "AR-MH" (AGRICULTURAL-RESIDENTIAL MOBILE HOME)
DISTRICT, OROVILLE
A public hearing was set for December 12th, 1972 at 1:30 p,m.
on the Melvin L. Carver-rezoning from "A-R" (agricultural-residential)
district to "AR-MH" (agricultural-residential mobile home) district for
property located on the north side of Lower Wyandotte Road, one mile west of
District Center Drive, identified as AP 36-31-38, containing 22 acres, more
or less, Oroville.
72-1884 ADOPT ORDINANCE, 1307, INTERIM ZONING FOR WEST CHICO AREA
On motion of Supervisor Madigan, seconded by Supervisor McKillop and
unanimously carried, Ordinance 1307 an interim ordinance zoning a portion of
the County of Butte an "S-R" (Suburban Residential) district, and the
Chairman was authorized to sign. This ordinance was adopted for a 30 day
period and it excluded the property zoned "PA-C",
72-1885 NO MEETING SET FOR DECEMBER 2bth
It was decided at this time that there would be no Board
meeting on December 26th, 19720
72-1886 APPROVE ITEMS TO BE DECLARED SURPLUS PROPERTY: APPROVE CONTRACTS
FOR CHAMBERS OF COMI~;RCE AND APPROVED BUDGET TRANSFERS
On motion of Supervisor McKillop, seconded by Supervisor Maxon
and unanimously carried, the following action was taken:
1. Declared 15 shopping carts used in the commodity operation
and authorized the Purchasing Agent to dispose of them,
2a Approved the contracts for advertising between County and
the various chambers of commerce, and authorized the Chairman to sign for
the following:
(1a Gridley Chamber of Commerce $ 625
(2) Chico Chamber of Commerce $2,250
(3) Paradise Chamber of Commerce $ 938
Page 443,
November 28, 1972
November 28,,1972
(4) Oroville Chamber of Commerce $2,250
(5) Biggs Community Club 125
3, Approved the following budget transfers:
B-27 Gridley Justice Court- $200 from jury and witness expense
to professional and special services
B-28 Public Works - $37,000 from the Buschmann Road project
to right of way acquisition
72-1887 TRAVEL REQUEST APPROVED
On motion of Supervisor McKillop, seconded by Supervisor Maxon
and unanimously carried, the following travel request was approved:
Jerry Lee Smith, Farm & Home Advisor's Office, Fresno, December 4th
through 6th, to attend the Alfalfa Symposiumo Cost of trip, $500
72-1888 GRAND JURY AUAIT
Supervisor McKillop stated that there were several department
heads that had not received the Grand Jury Audit report, Mr. Bosworth
stated that Mr. Dolan would bring in some extra copies for the department
heads use. No action taken at this time,
RECESS: The Board recessed at 5:35 to reconvene on Thursday morning
following the BCAG meeting or at approximately 10:00 a.mo
November 30, 1972
RECONVENED: The Board reconvened at 10:40 a.m. Present: Supervisors Ladd,
Madigan, McKillop, and Chairman Gilman. Ev Bosworth, assistant
Administrative Officer, Dan Blackstock, County Counsel, and
Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors
Clerk, t.-"_,~sent: Supervisor Maxon.
U 72-1889 ADOPT RESOLUTION 72-206 DESIGNATION OF WELFARE FRAUD INVESTIGATORS, EMPLOYEES
OF WELFARE DEPARTMENT AS PEACE OFFICERS
Bob Crisan, Welfare Department,explained the request for designation
of welfare fraud investigators, employees of Welfare Department as peace officers f
for limited purposes pursuant to the provisions of Penal Code Section 830.11,
Request discussed. The Sheriff and the District Attorney have expressed
their approval of the request. Mr. Bosworth stated that from his investigation,
it would be in order to approve this request.
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
carried, the Board concurred with the request of the Welfare Department and
adopted Resolution 72-206 designating the welfare fraud investigators,
employees of Welfare Department, as peace officers for limited purposes
pursuant to the provisions of Penal Code Section 830.11. and the Chairman
was authorized to sign,
72-1890 ADOPT ORDINANCE N0. 1388, REPEALING PARTS OF BUTTE COUNTY ORDINANCES N0.
600 and 636. ELIMINATING PERMIT SYSTEM AND AMENDING OTHER SECTIONS
R. A, Mackessy, representipg the Air Pollution Control Officer,
explained the proposed real of parts of Butte County Ordinances No. 600 and
636. It is the feeling of the Air Pollution Control Officer that the
County could do without the permit system set out in these ordinances.
Page 444,
November 28, 1972
_ _ _ _ _ _ _ _ _ _ _ November 303 1972_ _ - - _ _ _ _ _ - - ~ -
He said they were looking to the Board and County Counsel for guidance.
This should be handled as soon as possible because it will be necessary
to mail out the application forms for the permits if the system is not
repealed, Time spent discussing the action to be taken at this time,
On motion of Supervisor Ladd, seconded by Supervisor Madigan
and carried, Ordinance No. 1308 repealing parts of Butte County Ordinances
No. 600 and 636 was adopted and the Chairman was authorized to signs
72-1891 DISCUSSIONS FT%ED ASSETS SURVEX
A proposal and guidelines for general fixed assets survey have
been prepared and Board approval is requested prior to requesting proposals.
This was a budgeted item in the amount of $25,000 in the Auditor's budget.
Survey discussed, The survey is needed for cost claiming benefits. Mro
Bosworth explained the purpose of the survey. Chairman Gilman felt the
proper way to handle this matter would be to put it off one week to give
Supervisor McKillop an opportunity to study the matter.
Matter put over one week and the Auditor will be requested to
be present to speak on the matter.
72-1892 APPOINTMENTS PUT OVER ONE WEEK
The following appointments were put over one week:
1. Appointment to Mental Health Advisory Board
2. Appointment to Butte County Mosquito Abatement District
3. Appointment to Mental Retardation Progxam, Area Planning Board No. 2
72-I893 REPORT ON JOINT BOARD OF SUPERVISORS-GRAND JURY AUDIT COMPIITTEE REVIEW OF
ANNUAL AUDIT REPORT
Chairman Gilman requested that the department heads be given copies of
the report on joint Board of Supervisors-Grand Jury A~adit Committee review of
the annual audit report submitted by Bartig, Basler and Ray, and that the
Administrative Officer ask them for their response to the report. No action
taken at this time.
72-1894 REPORT ON AB 11+9+[+ and SB 1490
Dan Blackstock, County Counsel, stated that AB 1494 has now passed
the Assembly, It has now been sent to the Governor for his approval.
SB 1490 has also passed through the committee and is ready for the Governor's
approval. Mr. Blackstock wondered if the Board would like to file an appropriate
public "thank-you" to the County`s representatives in the State Legislature,
to the Governor and to the Committee. County Counsel was requested to
prepare letters for the Chairman's signature addressed to Assemblyman Johnson,
Senator Marler, to the Chairman of the Committee and to the Committees as a
whole.
72-1895 NEW BOARD MEMBERS AUTHORIZED TO ATTEND THE NINE NORTHERN COUNTIES
SUPERVISORS ASSOCIATION IN BEDDING
On motion of Supervisor McKillop, seconded by Supervisor Madigan
and carried, the new Board member was authorized to attend the Nine Northern
Counties Supervisors Association meeting to be held in Redding.
72-1896 DISCUSSION: DESIGNATION OF BOARD MEMBERS TO COMMITTEES OF THE
~~'•= NORTHERN C~,°~'9TtNIA COUNTY SUPERVISORS ASSOCIATION & SELECTION OF A DIRECTOR
Time spent discussing the letter from Norman A. Wagoner, Secretary-
Treasurer of the Northern California County Supervisors Association.
Supervisor McKillop said he would serve on the Public Works and Planning Committee
Supervisor Madigan said he would serve on the Water and Agriculture Committee
Supervisor Ladd said he would serve on the Government Operations Committee
Supervisor Cameron was requested to serve on the Welfare, Health and Hospital Com.
Chairman Gilman said he would serve on the Public Lands and Protection Committee.
Discussed selection of a Director of the Association,
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
carried, Chairman Gilman was appointed as Director to the Northern California
County Supervisors Association, as Butte County's representative.
<Ji(
November 30, 1972
RECESS: The Board recessed at 11:15 to go into an executive session.
RECONVENED: The Board reconvened at 11:45 following an executive session,
Chairman Gilman stated that the executive session was to~
discuss the selection of a EOC Director. The Board members did not reach
an agreement on any of the three candidates. A se~.~ction wi11 be made in
the futureo No action taken at this time.
ADJOiJRNMENT: '
There being nothing further before the Board at this time, the
meeting was adjourned at 21:47 to reconvene on Tuesday, December 5, 1972
at 9:00 a,m.
ATTEST: CLARK A. NELSON, COUNTY CLERK
`~,.....
By: ~~y~ti.~~~l.Xd
Board of 5 Fervisors Clerk
Page 446.
November 30, 1972