HomeMy WebLinkAboutM113076~ ~~
November 30, 1976
STATE OF CALIFORNIA )
) SS.
STATE OF CALIFORNIA )
The Board of Supervisors met at 9;00 a.m. pursuant to adjournment.
Present: Supervisors Ladd, Madigan, McKillop, (Sichter, and Chairman Cameron.
Clif Mickelson, Administrative Officer; Dan Blackstock, County Counsel, and
Clark A. Nelson, County Clerk, by Margie Catt, Clerk of the Board.
Pledge of allegiance to the Flag of United States of America.
7 -2033 APPROVAL OF MINUTES
On motion o Supervisor Richter, seconded by Supervisor McKillop and
unanimously carried, the minutes of November 23, 1976 were amended to include
a copy of the transcript of November 9 and 23, 1976 relating to Item 76-1994, Zahnd hearing,
attached to said minutes.
On motion of Supervisor Madigan, seconded by Supervisor McKillop and
unanimously carried, the minutes of November 23, 1976 were approved as mailed with
the addition to Item 762030 to include his services in Boys Scouts for 35 years (Align Barber).
7 -2034 COMMUNICATIONS
Ric and L. and Mary Gregg, Gridley. The Greggs file petition for variance to
provisions of Sections 19-IO and/or 19-12 of the Butte County Code for
~/ 0~ placement of a mobile home at Route 2, Box 412, Gridley, AP 21-23-22.
Set for hearing on December 21, 1976 at ID;30 a.m.
Butte County Cattlemens Associatinn. The Association writes in apposition to the
/40 .d~ proposed reapportionment of the Butte County Supervisorial Districts. Discussed.
Letter to be written to them asking for an explonation.
Peters, Fuller, Rush, Schooling 8. Luvaas, attorneys at law. The Attorneys, representing
1~3 60 citizens of Stilson Canyon request a refund of $110 for a rezoning. Discussed;
to be discussed further when Mr. Lawson is present.
Edwin D. Rounds, Paradise. Mr. Funds tenders his resignation from the Board of
Directors of the Superior Caiifomia Senior Services, Inc. and suggests that
~ D •~ ~ Mr. Joseph F. McGie be appointed in his place. See motion following
communications.
John F. Gage, Chico. Mr. Gage, on behalf of W. H. Temple, requests a refund of
$526.10 under the provisions of Revenue and Taxation Code Section 3731 with
~ ~ Z • ~ C regard to the purchase of tax deeded property. Inferred to County Counsel
and Treasurer.
Region C., Regional Criminal Justice Planning Board. L. N. Casagrande, planning
director, writes concerning the regional cost study relative to the implementation
/ G G , Ly of AB 3121. Discussed; it was felt that the study was not necessary and
should not approve the cost of said study.
County Auditor, The Auditor forwards completed audits for 1975-76 for the following
departmentss Paradise, Biggs, Gridley, and Oraville Constables; Chive
Marshal; Chico Municipal Court, Btggs, Oravllle, Gridley, and paradise
Justice Courts; Agriculture pepartment; Assessor; Library; Memorial Halls;
~ .~ Planning Department; Probation; reorder; and Golden Feather Fair premium
audit for 1976. Discussed; no action taken. To be filed with Clerk.
Page 309. ..
November 30, 1976
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Mark Miles, Ataseadero. Mr. Miles submits a claim for damages in the amount
of $100,000 alleging wrongful arrest and imprisonment. See motion
following communications,
Stanley Sedor, attorney of low. The attorney files summms. and complaint in the
i p,y'f case of Knipe vs. County of Butte, et al. Referred to County
Counse I .
Boccardo, Blum, Lull, Niland, $ Bell, attorneys at law. The attorneys file a
O~ + ZZ copy of Summons and complaint in the case Phillips vs. County of
Butte, et al. Referred fo County Counsel.
State Forestry Board. The Board of Forestry writes concerning the implementation
0 ~ L y of the Z'berg, Warren, Keene, Collier Forest Taxation Reform Act of
1976. No comments.
Patrick J. Porgans. Requests an extention of time on the EIR for the Open Space
~~ ~ Oa Element. Read and discussed; no action taken.
Claim of Maxim N. Bach. For damages re defamation, abuse of process, intentional
interference with rospective economic relationship, etc. See motion
following ca unitatians.
M. S. Martin. Appeal of tentative parcel map for John Hassler on basis of hardship.
Wold until Mr. Lawson present.
Minasian, Minasian, Minasian, Spruance & Bober, attorneys at law. State that
Table Mountain Irrigation pistrict has contacted them and requested that
they prepare a wnflict of Interest code for that irrigation district. Discussed.
Stated that the County has already adopted a conflict of interest code for that
' ! S Z district. County Counsel will write and ask them to send their prepared code
in and the Board could at that time rescind their action and adopt the code
as presented by the attorneys.
John Hamby. Appeals decision of Advisory Agency regarding tentative porcel map
For Mr. Burden and Mr. Logue. Hold until Mr. Lawson is present.
ll~.oo
76-2035 APPROVE APPOINTMENT TO BOARD OF DIRECTORS, SUPERIOR CALIFORNIA
SENSOR SERVICES, INC.
On motion of Supervisor McKillap, seconded by Supervisor Madigan and
unanimously carried, Joseph F. McGie was appointed to the Board of Directors of
the Superior California Senior Services, Inc., replacing Edwin b. Rourds, Paradise,
who has resigned.
76-2036 REJECT CLAIM OF MARK MILES
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
unanimously carried, the claim of Mork Milos in the amount of $100,000 alleging
wrongful arrest and imprisonment was rejected and referred to County Counsel and
County's inwrance carrier.
76-20$7 REJECT CLAIM OF MAXIM N. EACH
On motion of Supervisor McKi op, seconded by Supervisor Ladd and
unanimously carried, the claim of Maxim N. bath for damages re defamation, abuse of
process, intentional interference with a prospective economic relationship, etc. in
the amount of $350,000 was rejected and referred to County CounseE and County's
insurance carrier.
Page 310.
November 30, 1976
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_ _ _ _ _ _ _ _ _ _ _ November 30,, 1976 _ _
76-2038 APPROVE CONTRACT WITH STATE OFFICE OF ECONOMIC OPPORTUNITY
A contract as en eve ope wit t e tote O ice o Economic
Opportunity whereby the State will pay EOC the sum of $27,712.15 to provide one
trainer and three trainees with work experience in home winterization and repair.
Contract is for the period November I, 1976 to September 30, 1977.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, the contract with the State Office of Economic Opportunity was
approved and the Chairmon authorized to sign.
7b-2039 APPROVE CONTRACT FOR "BIG FRIEND"PROGRAM
A contract-has en prepare tween rt Feaster and EOC whereby
Mr. Feaster will provide training to volunteers and staff of the "Big Friend" Program
of Butte County. Cost of the contract is $950 far the period December 1, (97b through
June 30, 1977.
On motion of Supervisor Richter, seconded by Supervisor McKillop and
unanimously carried, the contract for the "Big Friend" program was approved and
the Chairmon authorized to sign.
76-2040 APPROVE HEAb START BUDGET REVISION TRANSFER
It is estimated t at approximate y 5,0 wi available at the end
of the program year which will be made available to purchase needed office and instructional
equipment. Total cost of items is $4,578.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, Budget transfer for Head Start budget revision in the amount of
$5,000 was approved.
76-2041 APPROVE EOC BUDGET REVISION AND BUTTE COUNTY HOUSING AUTHORITY LEASE
cause o sta attrition an un er u geting in of r program cost categories,
it is requested #hat the personnel budgets of both EOC administration and community centers
be reduced and the money transferred into consumable supplies. This will result in a
net transfer of $14,400 which will not affect the total budget for the program. Supervisor
Richter questioned Ms. Kahn, Director, about this transfer, Mrs. Kahn stated there could
not be any carry-over balance in these programs. They ore trying to spend the money before
the end of this year.
A lease agreement has been prepared between Head Start and the Housing
Authority For the lease of Head Start classrooms at the Gridley Farm Labor Camp for
the period November 22, 19761d^sovgh April 30, 1977 in the amount of $926.87.
On motion of Supervisor McKillop, seconded by Supervisor Richter and
unanimously carried, the following action was taken;
I . Approved EOC budget revision and budget transfer in the amount of
$14,000 from personnel to consumable supplies.
2. Approved lease agreement between Head Start and the Housing
Authority and authorized the Chairman to sign.
Page 311.
November 30, 197b
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76-2042 APPROVE HOUSING AND COMMUNITY DEVELOPMENT ACQUISITION ~
AUTHORIZE PAYMENT RE EDA-LPW TITLE I GRANT APPLICATION
T Rea Property Acquisition o ieres Act o provi es that certain
policy requirements must be adopted by the County of Butte before implemen#ation
of the HCD acquisition and relocation project.
The architect consortium of McFarren, Fox and Turman performed
approisimately 42 hours of labor plus materials on the EDA Administration Building
granf application and is requesting remuneration.
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
unanimously carried, the following action was taken:
I. Adopted the Housing and Community pevelopment acquisition
policy as submitted.
2. Authorized payment to the architect consortium of McFarren, Fox and
Turman for labor plus materials on the EDA Administration Building grant application.
7b-2043 WAIVE SECOND READING AND ADOPTED ORDINANCE 1771, AMENDING
SALARY ORDINANCE
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, second reading of the salary ordinance reading was waived,
Ordinance 1771 amending the salary ordinance was adop#ed and the Chairman
authorized to sign.
76-2044 APPROVE AWARD OF 131D TO TOYOTA OF CHICO FOR TRUCK FOR
DISTRICT ATTORNEY'S LAND FRAUD UNIT
e ow idder on t e true fort District Attamey's Land Fraud Unit
is Toyota of Chico in the amount of $3,800.10. Award of bid discussed.
Operation of this unit discussed.. The agreement with CCCJ was amended to make
it a two;year agreement.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
carried, bid For the truck for the District Attamey's Land Fraud Unit was awarded
to Toyotarof Chico in the amount of $3,$00.10.
AYES: Supervisors Ladd, Madigan, McKillap and Richter
NOES: Chairman Cameron
76-2045 ACCEPT FINAL AUDIT REPORT ON PARADISE CONSTABLE
Fina audit report on Paradise Consta a discussed.
On motion of Supervisor Richter, seconded by Supervisor McKillop and
unanimously carried audit report on Paradise Constable was accepted, and the County
Auditor was authorized to carry out recommendations presented in the report,
76-20Qb ACCEPT CERTIFICATION OF CANVASS OF VOTES GENERAL ELECTION
n matron o Supervisor r op, secon e y Supervisor Ric ter an
unanimously carried, the certificafiion of canvass of votes for the November 2
General Election was accepted as follows:
Page 312.
November 30, 1976
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___-,~----~~~=i~tauembe_r~J27~~_==___________
STATE OF CALIFORNIA
COUNTY OF BUTTE
5S.
I, CLARK A. NELSON, County Cleric of said County do hereby certify
that, in pursuancec5f the provision of Section 18466 and: #3467 of the Election Cade
and of the resolution of the Board of Supervisors of Said County heretoFore adopted
and entered upon the minutes of said Board, l did canvass the returns of the vote
cast in the First and Third Assembly Districts in said County, at the November 2, 1476
General Election for elective public offices and for and against each measure submitted
to the vote of the voters, and that the whole number of votes cast in said Assembly
Districts in said County and the whole number of votes cost for each candidate and
for and against each measure in said Assembly Districts in said County and in each
of the respective precincts therein, and that the totals of the respective columns
and the totals as shown for each candidate and for and against each measure are full,
true and correct.
WETNESS my hand and the Official Seal of my office
this 23rd day of November 1976
(SEAL)
~sffClai~c:A: Nelson ~:: ;
CLARK .NELSON, COUNTY CLERK
76-2047 APPROVE GRANT DEED CONVEYANCE: NORTH SIERRA CONSTRUCTION AND
ADOPT ORDINANCE 1772 INCREASING SPEED ON PEARSON ROAD
On motion o upervisor McICi op, seconded y Supervisor Richter and
carried, the following action was taken:
I . Authorized Chairman to sign the grant deed conveyance of property
to Louise D. Housman as a condition of an agreement for sale between County and
Mrs. Hausman.
2. Authorized release of cash bond posted to guarantee construction
to North Sierra Construction, Inc, and Lloyd's Bank (8,958.40), as curb, gutter and
street improvements for the North Sierra Construction parcel (AP 31-222-10) have been
completed. (Supervisor Ladd abstained)
3. Waived the second reading of ordinance increasing speed on
Pearson Read from 25 MPH to 34 MPH, Adopted Ordinance 1772 and authorized
Chairmen to sign.
76-2048 DISCUSSION OF BIDWELL RIVER PARK TRANSFER TO THE STATE:
ADOPT RESOLUTION 76-181 REQUESTING LEGISLATURE TO RESCIND THE 1955
$~D~I.L RIVER PARK TO THE COUNTY
Bidwe River Pa transfer to t e State discussed. Mr. ,Jerold Hughes,
representing Chico laecreotion and Park District, reported on the matter. About
6 to 8 months ago they met with representatives of the State regarding the trpnsferring
of the park back to the State. At that time, it was felt they should wait until
the 1977 Legislature convened to place action before them on this matter.
They were concerned because they had a piece of Legislation be Fore the
Page 313.
November 30, 1976
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State requesting funds to do some survey work along the Sacramento River where
the boating trails were to be placed. They were successful in this legislation.
Suggested that a'meeting be set up with the two State Legislators,
Supervisor Richter, representative of the Recreation District and Eddie Booth.
Mr. Hughes said he wos present at this time to solicit the Board's support for
the meeting with Mr. Ray Johnson and Mr. Statham. At the meeting they could
propose legislation that would request the State to rescind their previous action
and take the Bidwell River park back. A resolution should be prepared requesting
the State to Coke back the Bidwell River Park.
It was suggested that Supervisor Richter arrange the meeting and he could
hand-carry the resolution. A copy of the resolution should be forwan:led to the Chico
Recreation and Park District.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unonimovsly carried, Resolution 76-181 requesting that the Legislature rescind the
f955 Bidwell River Park turnover of the Bidwell River Park to the County and that
legislation be considered to turn the park back to the State, and that the resolution
include a description of the implementation of the 1974 State Bond Aet.
76-2049 DISCUSSION OF REFUSE SERVICE
Refuse service discussed. Mr. Castleberry, Director of Public Works,
stated that a determination had been made that there would be no service area for
such activity. At present, this service has been going smoothly, he stated.
Mr. Castleberry said he did not know why this had been placed back
on the agenda.
Howard Toussaint, County Sanitarian, asked who would service the
refuse trucks. The Oroville transfer station operation will go to bid and the
bids will be opened in pecember.
Supervisor Madigan stated he had been contacted by some of the large
property owners who have stated that people are throwing garbage on their
property. They would rather have an increase in the tax rate to handle this
activity.
Refuse service discussed; no action taken.
__ __ _Commenis~ we,ge set out by operators in the audience. The question
was asked about the fee of $25.00 per truck for inspection. The ordinance being
considered would require an annual inspection of each collection vehicle. The fee
would be $25.00 per vehicle per year.
76-2050 INFORMATIONAL ITEM: MEETING ON TABLE MT. BRIDGE
C ay Caste rry, Director o Pu is Wor s, stated t re vrould be a
general information hearing about the new bridge at the upper Thermalito bridge
that is being considered. The meeting will be held an Wednesday evening,
December 1, 1976, in the Soard room.
Mr. Castleberry requested the Board's thoughts on the Transportation
Plan to be sent to the Northern ~Catifom~ia.Supervisors Association for their meeting.
November 30, 1976
Page 314.
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Mr. Castleberry reported that one of the CETA survey people has been moved
over to handle the slope maps for the General Plan element,
There has been quite a problem in the Retson laoad area. Diamond
National has closed the road.
76-2051 DISCUSSION- JUVENILE HALL: COUNTY COUNSEL TO SEND LETTER
TO CONTRACTOR RE COMPLETION OP KITCHEN EQUIPMENT CONTRACT
Lorrin ard, arc itect, reported on t status of Juveni a Ha
completion. He had been asked to explain some of the problems that the County
is having at Juvenile Hall in obtaining the completion of the contract.
Mr. Ward reported that he had called the Kitchen equipment contractor.
The County awarded the contract about February 3, 1976 for this work. He asked
the contractor to confirm a completion date far this work. December IOth was
confirmed as date for completion of contract. Most of the items not put in are
minor matters. The original date for completion of the contract was May, 1976. The
Board gave the contractor a 139 day time extension to October 2nd. Background
of the situation set out by Mr. Ward.
The contract included $1,000 for drawings ; he has not received these
drawings. The wntractor advised him that they should be completed and approved within
two and one-half weeks.
Mr. Ward would not recommend filing the notice of completion at this time.
If the record drawings are completed and signed within the next tvw weeks, he would
then recommend the aotice of completion be approved.
The deadline before the County would loose the funds for the equipment
is December 30th. Subvention could be lost if this is not completed.
Mr. Ward felt the notice of completion would be ready by December 10,
1976.
Dan Blackstock, County Counsel, asked how the county stands on
money withholding on the kitchen contract. No money has been paid on this
contract. Mr. $iackstock recommended that the Board notify the contractor in
writing that the contract must be completed by the IOFh of December or he will be
removed and the County will step in and complete the work, The paper work
on the subvention wilt be started at this time. The County cannot claim the
subvention unti I have the documentation for cost of the equipment and for the
installation of the equipment.
All the equipment is in but it is not operative at this time. It is now
just a matter of plugging in or cleaning the work up.
Mr. Mickelson will follow through on the matapr of the purchase order
and the documentation of the purchase of the equipment.
Mr. Mickelson explained the matter of the agreement with the SFate.
They need a cut off date on the matter of the costs for the equipment.
Page 315.
November 30, 1976
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On motion of Supervisor McKillop, seconded by Supervisor Richter and
unanimously carried, County Counsel was instructed to send a letter to the
contractor regarding the completion of the kitchen equipment contract.
76-2052 DISCUSSION ON THE REGULATION OF CERTAIN HERBICIDES
Mr. Ban y, Agricu tura ommissioner, gave a run own on the
regulations of certain herbicides. He was told that there would be a discussion
of this matter at the Nine Northern County Supervisors Association meeting
next week.
Mr. Bandy stated that for years California ~ ~reglsten.d_~each herbicide.
Since 1972 Califomia has been a guideline for the review of•the registration of labels.
At this point, have a new process called the rebuttal presumption against registration.
At this point, they are six months behind in the review process. If a chemical
can cause adverse affect, then it will be reviewed. During the review period, the
pesticide can be used.
It was suggested that the Agricultural Commissioner attend the hearing
of the Nine Northem Counties Supervisors Association meeting on December 10, 1976,
If was stated that there was an article written about workers safety
regulations regarding use of herbicides. Use of herbicide could be harmful ro the
workers. How chemicals should be handled explained by Mr, Bandy.
Agricultural Department does the local enforcement in this matter.
No action taken.
RECESS: 10:35
RECONVENED: 10:50
76-2053 HEARING: NOR CAL CABLEVISION, INC (DBA ORCO} APPLICATION FOR RATE
INCREASE: ADOPT RESOLUTION76-182 APPROVING RATE INCREASE
Hearing on request o rCa Ca evasion, Inc. a ORCO eld at this
time. Dan Blackstock, County Counsel, reported on the matter stating that in the
past the County has always gone along with the cities in the request For increase in
rates. Mr. Blackstock has been supplied with the schedule of the notice of this
hearing as it appeared on the local N stations. Schedule presented and filed with
the Clerk.
Hearing opened to the public. Appearing:
I, Mr. Glenn Osvich, general-manager of ORCO. Background of the
request for increase in rates set out. There has been only one rate increase during
the post 12 years. The FCC now gives the Counties and Cities the power ro
regulate the rates.
Justification for the increase set out. Dan Radcliff, accountant for
Nor Gal, spoke concerning the assets and toffs of the company. Statement of
Assets explained.
Page 316.
November 30, 1976
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November 30j 1976
Hearing closed to the pulalic and confined to the Board.
On motion of Supervisor McKillop, seconded by Supervisor Ladd and
unanimously carried, Resolution 76-182 approving rate increase for NorCal
Cablevision, Inc. (dba ORCO) was adopted, and the Chairman was authorized
to sign, said rates to be effective December I, 1976.
7b-2054 APPROVE RENEWAL OF VARIANGE FOR MOBILE HOME: ROBERT PEKES
T e pu is caring on t petition o Ro rt Peres r renewa o
variance to Sections 19-18 and/or 14-12 of the Butte County Code for placement of a
mobile home at 1071 Grand Avenue, Oroville, AP 31-253-35, Zoning A-2, was held
at this time.
On motion of Supervisor Richter, seconded by Supervisor Ladd and
unanimously carried, the renewal of variance to Sections 19-10 and/or 19-12
of the Butte County Code for placement of a mobs le borne at 1071 Grand Avenue, Oroville,
AP 31-253-35, for Robert Peres was approved for a period of one year.
a
76-2055 DISCUSSION OF SEPTAGE FACILITIES AT CHICO SEWER PLANT
Hower Toussaint reports on septage acs sties at G ico Sewer Plant.
tie stated he had sent each Board member a copy of the memo setting out the status
of the situation. An engineer's ana~}+sis;is required for the obtaining of funding
by the Water Quality Beard. Mr, Toussaint had a meeting of the Committee
and discussi~stwith the City of Chico and the Water Quality Board. The Water
Quality Board said they would not grant any money unless a complete study of
the septage facilities in the County was made; this has been done.
Mr. Toussaint said he would I ike Board's consideration in the matter.
He asked if They should proceed with the matter of securing an agreement with the
City of Chico. The first thing that has to be done is to have an engineer study
the material that they have collected and decide how if could best be put into
the plant. At that point, if the County authorized the engineers analysis to be
made at a cost of $622, then if it were decided that the facility would be too
expensive, and cost to the pumpers would be too prohibitive, then the County could
stop the procedures.
The Board felt the County should proceed with the matter.
It was stated that just because the County has the Facility does not
mean that the pumpers will all dump the affluent there; they might dump in other
places if costs are too high. Fees are based on the costs of maintenance of the
system. Mr. Toussaint at this time does not know exactly what the costs could
be .
Mr. Taussaint felt the Board had given him the guidance he needs
to proceed.
76-2056 DISCUSSION OF IMPLEMENTATION OF ASSEMBLY BILL 3121
Assem y r imp ementatran iscusse Dr. Svr us stated that
Don Nissen and the Welfare Director are having meetings to work out this matter.
Dr. Maguire had stated that they had $292,000 additional funds and Supervisor
Richter, at a previous meeting, had asked If some of these funds could be used to --.
Page 317.
November 30, 1976
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implement AB 3121; he made the statement publicly. He wonders now why some
of the $292,000 of Mental Health funds is not being used for this purpose.
Dr. Maguire stated that this is the same money. They have a fair
amount of State money available to the County; they only took $192,000 and the
balance of the funds are still at State level for this County's use. t$I6,000 of
County funds are still needed.
No action taken on this item.
76-2057 APPEARANCE: BILL WILSON RE RETSON ROAD PROBLEM
~ i son state a owns an tat is serve y t e Retson Road.
Last week he went down the Batson Road and found that a portion of the
bridge has been removed. There is no road from Stirling City to Bald Mountain.
At this time, it would be very opportune For the County to make a study of the
agreement with Diamond National regarding Batson Road. There is no other
bridge across the West Branch. He thinks that the people of the County are
entitled to a public toll-free road through this area.
Mr. Castleberry will talk to County Counsel about this road.
7b-2058 APPEARANCE: ~dAMES HANSON OROVILLE
James Hanson, Orovi e, comments on the matter of the county roads.
He does not think that any of them should be closed. People should have access
to their property.
76-2058 APPEARANCE: FRANK NORMAN. ROSEHILL ROAD. PARADISE
Frank Norman, Itosehill RuacT, Paradise, stated e a purc used his
home in Apri 11974. A cloud was placed on the property by the County, He was
made aware of the cloud about a year ago. Public Works Department wishes that
a complete subdivision map be filed for that area.
Mr. Castleberry stated that this property had been divided illegally
by Frank Meyers. The drainage for the property was going dawn onto other
private properly. Public Works has worked quite hard to solve the problem
that Mr, Norman had no part in creating.
County Counsel to make a determination of what would be required
in the way of maps. Mr. Castleberry will cheek on whether the road agreements
have been filed. Mr. Norman is requesting an exemption from the requirement of
a subdivision map.
Mr. Castleberry stated he would bring the maps back at 1;30 today.
No action taken at this time.
76-2059 PUBLIC HEARING: KENNETH L. CRAFT-PETITION FOR VARIANCE TO PLACE
MOBILE HOME AT 5128 SOUTH EDGEWOOD, PARADISE
e pu is aring on t e Kennet L. Craft petition for variance to
provisions of Sections 19-10 and/or 19-12 of the Butte County Code for the placement
of a mobile home at 5128 South Edgewood, Paradise, AP 55-24-14 was held as
advertised. Howard Toussaint, Health Department, stated that the petition was in order.
Page 318.
November 30, 1976
P"` ~.
Hearing opened~to Fhe public ~~ppea~ngo no one:
Hearing closed to the public and confined to the Board.
On motion of Supervisor AAcKillop, seconded by Supervisor Richter
and unanimously carried, the Kenneth L. Craft petition for variance to provisions of
Sections 19-ID and/or 19-12 of the Sutte Gounry Code for the placement of a mobile
home at 5128 South Edgewood, Paradise, AP 55-24-14, was approved for a~eriod
of one year. - --T'•'
76-2060 APPROVE INDIGENT AND TRANSIENT MEDICAL BILLINGS
Me ca an n gent ings or cases wit tots c arges of
$24,709.43 have been processed with suggested payment of $3,715.69. Board
members had all received from County Counsel a memo regarding the costs.
Supervisor Richter stated he was in favor of the payment of these billings.
Supervisor McKillop objected to the payment of these billings.
Payment of the billings discussed. I# was stated that these billings are for
transcients only. There is one that is an alien with a visitors visa.
It was moved by Supervisor Richter, seconded by Supervisor Madigan
_ _ and carried , the suggested payments for indigent and transient medical
bill ings were approved,.- -.' '
AYES: Supervisors Madigan, •Richter and Chairman Cameron
NOES: Supervisors Ladd and McKillop
Transfer of funds to be held over at this time.
76-2061 APPROVE LETTER CONCERNING ELECTRICITY FORECASTING
A otter as en prepare or t C airman s signature concerning
electricity forecasting. Board members had received copies of the letter.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
tnanimous~~r carried, the Chairman was authorized to sign the letter concerning
electricity forecasting.
76-20b2 SUPERVISOR RICHTER AND COUNTY COUNSEL TO REPRE5ENT COUNTY
AT THE MEETING WITH •;ATTORNEY GENERAL
Supervisor Ric ter reporte on t meeting held in Sacramento last
Tuesday with the Attomey General. They were told that the meeting would
convene at II:DD but it did not start until I2:00. .fames Lee, head of the California
Contractors Council, introduced Supervisor Richter to the AttomeyGeneral .
Mr. Younger, .laftomey General, invited Supervisor Richter to his office of
2:30. Representatives of various unions were also present.
They reviewed the whole situation involving butte County. Mr. Barrett,
assistant to Attomey General, had not been briefed. Mr. Younger was not aware
of what was happening. Supervisor Richter informed him of the impact on the
County, about Mr. Ringels statements to the Board; about the shut-down of
creation of building sites. Also told him about the commitment of the County
to revise the Genera! Plan.
Certain aspects of the Bertram rezone was discussedi olso the misconception
of it not being consistent with the General Plan. The Attorney General's Office
did not have the correct information age 3i9.
Navember 30, 1976
~ ~~
______________ November 30`1976=_`_=_`________
Attorney General instructed Mr. Barrett to set up a meeting for Thursday,
inviting the County of Butte and the City of Chica to attend. The meeting wilt
start at 1:00 p.m. Butte County representatives, Attorney General and representatives
of the Office of Planning Research will be at the meeting. Supervisor Richter
feels that the meeting will be fruitful. Modification of Condition 3 of the
Stipulation with the Stb+e•wiil be discussed at the meeting.
On motion of Supervisor McKillop, seconded by Supervisor Madigan
and unanimously carried, Supervisor Richter and County Counsel were authorized
to be present Thursday to represent the County at the meeting with the Attorney
General.
RECESS: 11:50
RECONVENED : 1:00
76/2063 PUBLIC 13EAR'LNG: ESTABL~Sf~N~ _QF.~ROPOSED MUNICIPAL ADVISORY COTJNCTL
R P RAD E•.ADOPT RESOLI1TTOli 6-183.
The public hearing oa the establishment of proposed Municipal
Advisory Council (MAC) for Paradise was held as advertised.
Hearing open to the public. Appearing:
1. Phil Mace, representing the Paradise Chamber of Co®erce.
Mr. Mace stated that he would like to clarify the Chamber's position,
The Chamber of Commerce is sot for or against MAC. However, the Chamber
of~Commerce would like to have LAFCO review the matter and bring back a
recommendation. Mr. Mace stated that during the 1973 questionnaire that
was mailed to the people of Paradise the coacensus was that there was a
need for an Area Planning Co~isaion. Mr. Mace set out the differences
between an Area Planning Commission and a MAC et this time.
Discussion of the 1973 questionnaire had at this time.
Discussion of the possibility of having LAFCO study MAC had
at this time. Zt was felt that LAFCO should not do this.
2. Dick Ryan, Interim Chairman of MAC. Mr. Ryan stated that
moat of the material concerning MAC has been covered is the previous
public hearings that have been held. Mr. Ryan stated that the major
concern of people in Paradise is Police and Fire Protection. Mr. Ryan
stated that he did not know exactly how much it would cost to finance
MAC. There are several factors to be~conaidered. Mr. Ryan did not feel
that the coat would be over $500 pax year.
3. Earl Lihme. Mr. Lihme stated that he had tried to get incorporation
for 8~ years. Mr. Lihme stated that the coat of MAC could be zero because
of the many talented people in Paradise who ere willing to devote their
time to this project.
4. George Houghton. Mr. Houghton stated that he was opposed to
incorporation, Mr. Houghton stated that he believes MAC is the answer to
the problems of Paradise instead of incorporation.
5. Earl Bailey. Mr, Bailey stated that he has been working on
this for the past 8 months. Mr. Bailey stated that he hoped the Board would
approve formation of MAC .~.,,_..~._,,,,...,.~.T__.__.._.__._..,... ..
Page a20.
November 30, 1976
/'~ /"~
fi. Ray Richter. Mr. Richter atated that MAC would provide the
Board with a pipeline of information on zhe needs of the people of Paradise.
Mr. Richter stated that the ~°ire Department, PID, or the Chamber of Commerce
should not be on the MAC board. This membership should enable the people
to be repreaeated by the people.
Hearing closed to the Public and confined to the Board,
Supervisor Richter stated that the Board should approve MAC but have
e review in one year to go over the financial situation. Supervisor McRillop
stated that a $S00 ceiling should be put Into the Resolution.
Discussion of election of members had at this time. It was felt
that the members of MAC should be elected in November 1977.
On motioa•,of Supervisor McKillop, seconded by Supervisor Richter
and unanimously carried, Resolution 76-183 was adopted to include the $S00
maximum £inaacing and elecrioa of seven•nembers to MAC be held in November,
1977; the Board will review MAC at the end of one year to consider the
financing and go over the situation of funding.
~'6-2064 PUBLIC AEARINGi A. JOBN 2f6RL0 - APPEAT~ OF CONDITION #9 OF APPROVAL
OF TENTATIVE PARCEL MAF IDENTIFIED AS AP 44-43-O1, REQUIRING THAT APPLICANT
PAX A .DRAINAGR ~EP05IT .OF $4,~2Q0 .PEE .kSCSE„FOR THE COMMERCIAL U5E OF TART
PROPERTY TO BE USED FOR MOBILE HOME SALL6•.[CONTINUED FROM 11/23/76).
The continued public hearing on the A. John Merlo appeal of
condition ~~9 of approval of tentative parcel map identified as AP 44-43-01,
requfring that agplicant gay a drainage deposit of $4,200 per 'acre for
the commercial use of that property~to be used %for mobile home salsa
was held at this time. Mr. Lawson set out the background of the appeal.
Clay Castleberry atated that there had been a conditional approval that
had gone to the developer to pay drainage Ease. Mr. Castleberry sat out
the reasons for the deposit. There are approximately 3 acres involved.
The deposit would coma to $12,600.
Discussion of different ways of providing for drainage had
at this time.
Hearing open to the public. Appearing:
1. A. John Merlo, applicant. Mr. Merlo atated that it was not
economically Feasible to pay the deposit for drainage. Mr. Merlo net out
how the property was set up and what it would be used for.
Clay CasCleberry~stated that he would not recommend that the
Board waive the drainage condition. Mr. Castleberry eat out the agreement
that Mr. Friend and Mr. Mer1o had signed.
2. Mike Friend, owner of the Mobile Home sales. Mr. Friend stated
that he was starting out in business.: -'lir..i~fiend:a~ated that he had •to sign
the`agreement.befbre:he could get the-permit for hie business.
Mike McEneapy stated that there were conditions €or a parcel map
and not for issuing of a permit.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried the appeal of condition +~9 of approval of tentative parcel
map identified as AP 44-43-01 was denied and the condition was upheld.
AYES: Supervisors Ladd, Madigaa~ McKil~ and Richter. ABST9INING:~Chairman
Cameron.-~'"_ q@~~Zt. `-~--~--- ~~._... __
......_ .~.__._~..,. November 30, 1976
~. ~
_ _ _ _ _ November 30t 1476_ _ _ _ _
j PUBLIC BEARING: APPEAL OF PLANNING COMMISSION'S DETERMINATION THAT Ali
ENVIRONMENTAL IMPACT REPORT BE PREPARED ON THE PROPOSED MODIFICATION TO
RECOMMENDATION A OF THE AGRICULTURAL LAND USE RECOMMENDATIONS OF THE COUNTY
OPEN SPACE ELEMR~IT OF THE BUTTE COUNTY GENERAL PLAN. APPEAL TS MADE BY
SAFEGUARD ENVIRONMENTAL PROTECTION AGENCY PATRICK PORGANS.
The appeal of the Planning Commission's determination that an
environmental impact report be prepared on the proposed modification to
Recommendation A of the agricultural land use recommendations of the County
Open Space Element of the Butte County General Plan by Safeguard Environmental
Protection Agency, Patrick Porgans was held at this time. Mr. Jay McReenan,
Planning, set out the background for the Planning Commission's determination
that an EIR should be prepared. All lands designated as lend cooling under
the W3liiamaon Act shall be considered agricultural Iand in the General
Plan. The satire County is now designated as prime Boil. The amendment
would establish that elI agricultural areas as designated under the Williamson
Act except those areas designated as urban areas shall be designated
agricultural.
Supervisor Richter stated that this proposed modification was
nothing, more than a clarification of the language of the Open Space L"leIDent.
The Environmental Review Committee felt that this would take
areas out of agriculture that are presently designated for Williamson Act
contracts and this might have a significant effect on the area.
Discussion of a need for an EIR for the amendment had at this •time.
1Tearing-opea-;to_Che ~ubid.c., Appearingi Mikee::lracas.' •Mr. Lucas stated
that he.felt.that auy'~rcetid_melxt or the entire General Plan should have an
PTR as it would affect the environment.
Hearing closed to the public and confined to the Board,
Del Siemsea, deputq County Counsel, stated that it is Che•recommendation
of the committee that the Board go to en 8IR concerning the General Plan.
Supervisor Richter stated that there ie no impact on the environment
as this is merely a claxification.of the Open Space.'Element.
On motion of Supervisor HcRillop, seconded by Supervisor Halligan
and carried, the appeal is denied sad the Board concurs with the Planning .-.
Commission. AYES: Supervisors Madigan; McKiliop and Chairman Cameros. NDES:
Supervisors Ladd end Richter.
76-2066 PU$LIC HEARING: ELLIS MATHEWS - APPEAL OF $OARD OF EONING ADJUSTMENT'S
DENIM, OF VARIANCE TO BUILDING 5ET&4CK TO ALLOW A BUILDYDTG TO BE CONSTRUCTED
40 FEET FROM TEiE CENTERLINE OF ALMOND STREET AND CEDAR STREET ON PROPERT'Y'
20NED "C-2". PARADISE.
The public hearing•on the Ellis Mathews appeal of the $oard of
Zonix-g Ad~uetment's denial of variance to building setback to allow a building
to be constructed 40 feet from the centerline of Almond Street and Cedar
Street on property zoned "C-2", Paradise was held es advertised. Mr. Lawson
set out the background of the appeal at this time. Public Works does not
oppose variance.
Hearing open to the public. Appearing: Russ Krcninger, Riegel
and Associates, representing Ellis Mathews. Mr, Kroninger stated that if
the variance was denied then the only two trees on the property would have
to be taken out. Mr. Mathews is trying to use all of the property and
preserve the trees. Mr, Kroninger set out the background of the_area.___ __ _
November 30, 1976
r+. I"R,
G c = c ~ ~ ._ l~l'Lr~JS1L~J~SL,J Z/Y _ . __ ~_ .. ~ - - _ s ~ C =
Hearing closed to the public and confined to the~Board.
On motion of Supervisor McKillop, seconded by Supervisor Richter
and unanimously carried, the Ellis Mathews appeal of Board of Zoning Adjuaffient's
denial of variance to building setback to allow a building to be constructed
40 feet from the centerline of Armond Street and Cedar Street on property
zoned "C-2", Paradise was granted with the findings that because of consideration
of buildings, the saving of the trees in the•area and. there is no obstruction
of clearance on the streets there would be no adverse affects on the area.
76-2067 PUBLTC HEARING: JOSEPH HUGHES = REQUEST FOR RECONSIDERATION OF APPLICATION
FOR A TENTATIVE PARCEL MAP, AP 24-25-D5 & 12 AND AP 2$-03-19 & 22, TWO LOTS,
SOUTH STDE OP LOWER HONCUT ROAD, APPRO%IMATELY•1/2 MOLE EAST 08 HiGSWAy 70,
SOUTH OF OROVILLE.
fibs public hearing on the Joseph Hughes request for reconsideration
of application for a tentative .parcel map, AP 24-25-05 and 12 end AP 2$-03-19
and 22, two Iota, south aide of Lawex Honcut Road, approximately 1/2 mile
Best of Highway 70, south of Oroville was held at this time. Mr. Lawson
set out the background of the parcel map. This is in the Orchard and Field
Crop designation of the G~anerai Plan.
Hearing open to the public. Appearing:
1. Don Solheim, Engineer representing Mr. Hughes. Mr. Solheim
set out the reasons Mr. Hughes wants to divide hie property. There is
a problem of the geographical boundaries. There is an existing dwelling
on the property that Mr. Hughes wants to divide. He forma the rest of
the land and has no need for the dwelling.
2. Ann Oliver - Oliver Realty. Mrs. Oliver stated that they have
a buyer for the property whenever it can be divided and would like to know
how long it will be before there can be a decision made. Mrs. Oliver asked
that the Board rescind its previous action to deny the parcel mep.
Dan Blackstock, County Counsel, stated that the Board had already
rescinded its action of denial by reconaiderigg the parcel map. Mr. Blackstock
stated that due to the moratorium the Board would be unable to act on the
map at this time.
This matter is continued until December 14, 1976 under regular
Planning items.
76-2068 PUBLIC HEARING: ERROL H. HALL = REQUEST FOR RECONSIDERATION OF APPLICATION
FOR A TENTATIVE PARCEL MAPS AP 42-09-06, FOUR LOTS, NORTH SIDE OF HIGHWAY 32,
BETWEEN MUIR AVENUE AND KENNEDY AVENUE CHICO.
The public hearing on the Errol H. Hall request for reconsideration
of application for a tentative parcel map, AP•42-09-06, four lots, north side
of Highway 32, betvreen Muir Avenue and Kennedy Avenue, Chico was held at this
time. Mr. Lawson set out the background of the request at this time.
Hearing open to the public. Appearing: Cal Bachman, representing
Mr. Hall. Mr. Bachman set out the reasons for the request £or reconsideration
of Mr. Hall's application for a tentative parcel map. Mr. Bachman stated that
this property was located in the Nord Avenue area.
The hearing is continued until December 14, 1976 under regular
Planning items.
- oge ~ .....~,~._ _
ti ~ November 30, 1476
~. r'~
• __ November30,~ 1976 ~___________~____
76-2069^ PUBLIC HEARINGiPROFESSIONAL INVESTORS - APPEAL OF 'x8E SUSDI'GISION
GOkPiITTEE'.& I2ErE8MINATION..TQ FILE .liOTICBS Ok'.-VIOLATION. All .A~.41-36-04,
,Y.OCATED ON THE EAST SIDE OF CONDOR ROAD. MBAR POTTERS RAVIPIE.
The public hearing on Professional Tnvestora appeal of the
Subdiviszsn committees determination to file notices of violation on
AP 41-38-04, located on the east side o€ Condor Road, near Potters
Ravine was held at this time. Del Siemsen, Deputy County Counsel, set
out the background of the appeal. Mr. Siemaea explained the deeds at
this time.
Eleariag open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor McKiilop, seconded by Supervisor Madigan
and unanimously carried, the appeal of Pro£asaional Investors is denied.
76-2070 PUBLIC HEARING: HENRX JORX - APPEAL TO CONDITIONS RELE,TING TO SEWER AND
CURBS AND GETTERS, AP 46-25-21, TWO LOTS NORTHEAST CORNER OF FAIR STREET AND
PARK AVENUE. CHICO.
The public hearing of Henry Jory on appeal to conditioas•relating
to sewer and curbs and gutters, AP 46-25-21, two lote•northeast corner of
Fair Street and Park Avenve, Chico was held at this time.
Hearing open to the public. Appearing: Harry Anderson, representing
Mr. Jory. Mr. Anderson set out the background of the property imrolved.
Mr. Jory is not going to use one portion of the property. The other portion
of the property has the improvements on it. Mr. Anderson explained the cost
to hook up to the City of Chico'e newer system.
Discussion of requiring curbs, gutters, and aeviera'on this property
had at this time.
Howard Toussaint, County Sanitarian, stated that with, re speck to
the sewer, it would be highly advisable to consider leaving the condition
in.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the Henry Jory map ie seat back to the Advisory
Agency with:, the inetructiaas that the conditions for curbs and gutters
be left on the map with the condition that they can be required when the
property is developed with a use permit; the requirement to hook up to the
sewer is to be stamped on the map.
76-2071 PUBLIC HEARINO: M. C. TOTMAN - APPEAL DENIAL OB PARCEL MAP, AP 73-18-103,
TWD LOTS, SOUTH OF OROVILLE-FORBESTOWN ROAD, WEST OF INTERSECTION WITH ~AY•T•~GE
CUTOFF ROAD. FORBESTOWN.
The public hearing on the M. C. Totman appeal denial of parcel map,
AP 73-18-103, two lots, south of Oroville-Forbestown Road, west of intersection
with Challenge Cutoff Road, Forbestown was held at this time.
Hearing open to the public. Appearing: No one.
Mr. Lawson stated that the Board referred the map to the Advisory
Agency. The Advisory Agency approved the hardship condition and denied the
map. Mr. Lawson stated that this area has been parceled. The General Plan
show it as timber mountainous area and it is zoned "A-2".
time.
Discussion of the timber-mountainous area end density had at this
Hearing closed to the public and canfined to the 8aard,~
Novem6er30, 1976
~ ~
November 30, 1976
~~ F ~- c s=~ s a o~ e a e e o 0 0 o e e~~ o c o~~~ ... c u e
On motion of Supervisor McKiilop, seconded by Supervisor Ladd and ..
carried, the M. C. Totman tentative parcel map, AP 73-18-103, is approved _
with the Findings that it is consistent with the General Plan; it falls
within the Timber-mountainous classification and it ie not in forest area
and this area has been divided into many parcels; thin type of eglit will
not be detrimental to the timber-mountainous area; wlth~the following
conditions:
1. Utilization of setback area for leech line purposes.
2, Vezi£y legal access,
3. Provide traversable access.
4. Indicate a 50 ft. building setback from the centerline of the access
easement.
5. Shaw all easements of record on the final map.
6. Provide a road maintenance agreement.
7. Access easements•to be reserved in deeds per County ordinance.
8. Road names sad house numbering to be reviewed and approved by the
Dept. of Public Works prior to recordation of final map.
9, That parcel ehawn as "Remainder" to be identified as Parcel 2 on the
final slap, -
with the Eiadinga that this is a hardship 8a found by the Advisory Agency
in minutes of November 16, 19761
3. M, C. Totman, AP 73; 18-103, 2 lots, south o£ Oroville-Forbestown
Road, west of intersection with Challenge Cutoff Road, Forbestown
Engineer: Lux Engineering & Surveying.
Mr. Brooks read the~let'ter from the applicant.
Cecil Ellin - He had previously owned the land and was not able to do
what he had anticipated„ because of ill health. He then sold one acre
to Mr. Totman. They are on a fixed income and have used the money that
Mr, Totmaa deposited. ~ihey would be unable.to return that deposit to
Mr, Totmaa and would be forced to ee1.3.the remainder of the property.
They did se13 the'rp~operty in good faith. This split would be is conformance
with the surrounding' development. It was previously determined that the
split would have noenvironmental impact. There•is good access and utilities
available to the property. They are presently living in a mobile home on
the property, and rir. T;otman stays in a tradel trailer on the weekends.
If the map is continued it could wipe them out financially.
Mr, Brooke feels that there is a hardship, but stated that there are problems
with the General Plan designation which is timber-mountainous,
Mr. Toussaint stated that there is no density requirement with that designation.
Mr. Brooks agreed, but further stated that the General Plan does indicate
that the property•shouhd be permanent op~a space. The agreement with the
State prohibits thejapp'roval of maps do ttot conform to~the existing General
Plan.
Mr. Toussaint stated that this application had been approved by Che
Subdivision Committee and the Planning Commission had denied the application
finding that it was not in conformance with the General Plan.
Mr. Ellis repoated his previous statements. Es was given assurance by the
Planning Commission •thet he could sell .property: This ie not a forested
area and has been !split: before.
• Page 325
• November 30, 1976
~ ~'°
_______=====Norr_emhe~30~19Z14~~~~__-___-~~_~_--
77-4-1-999-125
77-4-2-D00
Mr. Toussaint stated that the Planning Commission had recommended denial
based on the General Plan, and that he would have to consider their findings
inasmuch. as they are more experienced and knowledgable than himself.
Mr. Brooke made a motion to grant the hardship as requested, based on
Mr. Totman information that failure to approve would indeed create a
hardship.
Mr. Toussaint seconded the motion,
AXES: Howard Toussaint, John Mendonea, Larry Brooks
NOES: None
Mr. Brooke then made a motion to deny the parcel map application, finding
that it does not conform with the Butte County Ceneral Plan.
Mr. Toussaint seconded the motion.
AYES: Howard Toussaint, John Mendonsa, Larry Brooke
NOES: None
77-4-2-13b
Letter from Mt. & Mrs. Cecil 811ia to the Butte County Planning Commission
dated November 9, 1976.
"Dear 5irs;"
We are writing you in regard to the letter sent to Mr. and Mrs.
Totman from Mr. Siemaen of the Butte County Counsels office dated November 3,
1976, in regard to approving the application of the sale of the one acre
parcel to Mr. and Mrs. Totman from Cecil and Edith Ellie.
The letter referred to: the county must find that the failure
to approve such maps would constitute a hardship. Mr. and Mrs. Totman have
answered this letter Co you and we would like to add to it.
The failure of your commission to grant the approval would create
a great hardship on us, Cecil and Edith Ellis. As Mr. Totmaa stated is his
letter to you, we are both disabled, on Social Security with no other income.
We fauhd due to our disabilities and other unforeseen expenses, we could not
maintain the two acres, and could not make the payments on it, so decided to
sell the acre.
We inquired at the Planning Commission, first and were informed
it was perfectly legal. Tf we had bees informed otherwise, we would have
stopped right there. We then sold the property to the Totmans. We used
the money to pay off the entire parcel. The hardship is, if you da not
approve this, there ie ao way we can•retura their money to them. We would
have to men the entire parcel sad our mobile home, which is all we have,
and would have ao home or anywhere to go. We consider that a verq severe
hardship and ask you to please approve this application. All parties have
acted in good faith, the land bed been surveyed,~ail maps are in and correct,
sanitation permits have been granted and it has bees recorded. This has
caused all parties great anxiety. Thank you Sincerely, Cecil & Edith Ellis. ~.
AYES: Supervisors Ladd, MadigaaPa9ek~~6lop, sad Chairman Cameron. NOES:
Supervisor Richter. ~ November 30, 1976
~ ~^
November 30, 1976
EBECUTTVE SESSION: The Board recessed at 4;25 p.m. to hold an Executive
Session
RECONVENE: The Board reconvened at 4:50 p.m. following an executive session.
76-2072 PUBLIC BEARING: WILLIAM J. BEASLEY - APPEAL DENIAL OF PARCEL MAP,
AP 58-20-49, FOUL LOTS, NORTH SIDE OF HIGHWAY 70, APPROXIMATELX 450 FEET I30RTH
OF PINRSTON CANXON ROAD.
The public hearing oa the William J. Beasley appeal denial of
parcel map, AP 58-20-49, four lots, north aide of Highway 70, approximately
450 feet north o£ Pinkston Canyon Road was held at this time.
Hearing open to the public: Appearing: No ono.
The hearing is•continued until December 14, 1976 under regular
Planning items.
76-2073 PUBLIC HEARING: THERMON B. WALKER - APPEAL OF DENIED PARCEL MAP,
AP 47-34-05. FOUR TATS,__S_OUTHFIEST CORNER OF KATHY LANE AND GARNER LANE. CHICO.
The public hearing oa the Thermon 8. Walker appeal of denied parcel
map, AP 47-30-05, four lots, southwest corner of Kathy Lane and Garner Lane,
Chico was held at this time. Mr. Lawson set out the background of the parcel
map. The Advisory Agency took no acCion as there was ao letter concerning
hardship.
Hearing open to the public. Appearing: Cal Bachman, representing
Mr. Walker. Mr. Bachman explained the parcel at this time.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Madigan, seconded by Supervisor McKillop
and unanimously carried, the Board concurs with the denial of the parcel
map.
Supervisor Madigan withdraws his motion.
On.motioa of Supervisor Madigan, seconded by Supervisor McKillop
and unanimously carried, the denial on the tentative parcel map is•rescindedy
and the matter is continued until March 8, 1976.
-2074 PUBLIC HEARING: THELMA LOVEDAHL (TRT-B, INC,) - APPEAL DENIAL OF PARCEL
MAP, AP 47-23-43, 56 AND 57, AP 47-23-54 AND 55, TWENTY LOTS, INTERSECTION
OF COHASSET AND RICHARDSON SPRINGS ROAD NORTHEAST OF CHICO.
The public hearing on the Thelma Lovedahl (Tri-B, Inc.) appeal
denial of parcel map, AP 47-23,43, 56 and 57, AP 47-23-54 and 55, twenty
lots, intersection of Coheaset and Richardson Springs Road, northeast of
Chico was held at this time. Mr. Lawson set out the background of the
parcel map and denial.
Hearing open to the public, Appearing: No one.
The hearing 1s continued to Aecember i4, 1976 under regular
Planning items.
76-2075 F.ESCTNI} ACTi014 ~ :~ •- RE: SAFEGUARD ENVIRONMENTAL PROTECTION AGENCY,
PATRICK PORGAN3 = APPEAL OF PLANNING COMMISSION'S DETERMINATION THAT AN
ENVIR0IJTAL IMPACT REPORT BE PREPARID ON TBE PROPOSED MODIFICATION TO
RECOMMENDATION A OF THE AGRICULTURAL LAND USE RHCOIS~NDATIONS OF THE COUNTY
CPEN SPACE ELEMENT OF THE SUITE COUiVTY GENERAL PLAN.
Dan Blackatock, County Counsel, set out the background of the legal
suit concerning the Bertram rezoning. The urban area dsignation is not the
critical area to he considered in the General Plan, it is the open space
element that is the critical area. If a piece of property ie prime agricultural
land and if fella within the urban area then the Open Space Element
prevails. If the modification to the Open Space Element Would ba a change
from the way that the Board intended the Open Space &lement then as EIRV __•
November 30, 1976
r-, ~
L
November 30, 1976
would be~required. If^the modification was aonsidered~a•clarification
then: an EI$ would not be needed:~~ Mr. Blackstock set out the requirements
for an EIR.
On motion of Supervisor Richter, secaaded by Supervisor Ladd aad
carried, the previous action of the Board to deny the appeal and upholding
the'regvirements;f6r e4e:Bi$ for the amendment to the General Plan is rescinded.
AYES: Supervisors Ladd, Madigan, Richter and Chairman Cameron. NOES: Supervisor
McKiliop.
On motion of Supervisor Richter, seconded by Supervisor Ladd and
carried, the appeal of the Planning Commission's determination that an
EIR be prepared is upheld aad the EIR ie denied with the findings that th ere
is no change this is a clarification of the language that was the intent of
the Board so that when the Open Space Element was adopted it would not __,__- ,
conflict with the maps. ~'..~`~••.~-,_~'"~-'~.....~ • -•• -'---
AYES: Supervisor Ladd, Madigan, Richter and Chairman Cameron. NOES:
Supervisor McICillop.
SUPERVISOR LADD ERCUSED FROM THE MEETING AT 5:30 P.M.
76-2076 CONTINUE DISCUSSION OF 12AEFUND FOR STTLSON=CAN'i0N_REZONE OF $110
UNTIL NERT WEER. DECEMBER 7. 1976.
The discussion of the refund for Stilson Canyon Rezone fees
is continued until December 7, 1976.
76-2077 WAIVE THE SECOND READING: ADOPT ORDINANCE 1773 AMEI~IDt~Tr TO ORDINANCE
1757 SUSIDIVISION ORDINANCE.
On motion of Supervisor McKillop, seconded by Supervisor Madigan
and carried, the second reading of the Ordinance was waived and Ordinance
1773 was adopted.
76-2078 ACKNOWLEDGE LETTER FROM WELFARE DEPARTMENT CONCERNING LUNCH HOURS.
Clif Nickelson, Administrative Officer, stated that he had
received correspondence from the Welfare Department. The one-half hour
lunch time is not working out and the Welfare Department requests that
they be allowed to go back to the hour lunch time.
Mr. Nickelson is to acknowledge the letter.
7b-2079 CONTINUE ENVIRONMENTAL REVIEW GUIDELINE AMENDMENTS DNE WEEK
The hearing on the Environmental Review Guideline amendments
is continued until next week, December 7, 1976.
76-208D ADDITIONAL MATTERS PRESE27PED SY BOARD ME[~BERS.
Supervisor Madigan stated that a use permit had been•i.ssued
to Bi11 Priel. The building has been completed for two years aad 'none
of the improvements have been done. The use permit number ie 74-27.
The Zoning Inspector is to make as investigation and report back to the
Board.
Supervisor Richter stated that he was hoping that a provision
could be put into the EIR Ordinance concerning a length of time for the
complete process to be done.
Gh'~cman Cameron stated that there have been telephone calls
concerning psrcele`•that are split aad are'contiguone and then revert to
one parcel. Dan Blackstock stated that he ie writing ea opinion on this
matter.
Discussion of parcel splits had at this time.~~ T ..
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November 30, 1976
("~ ~
November 30, 1974
~ a=-- c o ~ e~ s~~ ~_= a= a~ e e~~= 0 6 0 o a s e a a a
76-2081 ADOPT RESOLUTION 76-184: WALTER FERGEJSON FOR POLICE SERVICE.
Oa motion of Supervisor McKillop, seconded by Supervisor Madigan
and carried, Resolution 76-184 commending Walter Ferguson who died for his
police service was adapted and County Counsel to prepare.
AD.TOURNME[~1T
There being nothing further before the Board at this time, the
meeting was adjourned at 5:40 p.m. to reconvene on Tuesday. December 7,
1976 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK
` l11 t-~-- Chairman of the Board
Board of S~isors Clerk
Page 329
November 30, 1976