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HomeMy WebLinkAboutM121476^. STATE OF CALIFORNIA COUNTY OF BUTTE ~: December 14, 1976 SS. The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Ladd, Madigan, McICillop, Richter and Chairman Cameron. Clif Nickelson, Administrative Officer, Dan Blackatock, County Counsel, and Clark A. Nelson, County Clerk, by Cathy Pitts, deputy, Pledge of allegiance to the Flag of the United States of America. 76-2126 APPROVAL OF NINDTES On motion of Supervisor McRillop, seconded by Supervisor Ladd and unanimously carried, the minutes of December :7., 1976 were approved ae mailed. 76- 12 COMMQIVICATIONS Earl T. Lihme, Paradise. Mr. Lihme writes in support of the proposed / 0 .~ • 5upervisorial redistricting proposal. Information. Butte County Comprehensive Health Planning Council. Mardi Workley, president, requests that the Board consider inclusion of a health element into 3 Q S.Q the Butte County General Plan at some future date. Hold for the new Board in January. Copy to~.5upervisor Richter. Municipal Advisory Council applications. Resumes and petitions have been received from Leda G. Cage, Harry T. Murray, Richard G. L. Ryan, Carl L. Youngdahl. Continue until next week. Gordon L. Shields, Paradise. The Surveyor, on behalf of Richard Aldrich, appeals the decision•of the Advisory Agency on the lot split ,' ?~ . C application oa AP 24-17-19. Set for hearing January 11, 1977 at 2:00 p.m. Oliver Realty, Marysville. The Firm writes and forwarda•other correspondence .r requesting that the tentative parcel map for Joseph Hughes be ~ ~ 0 ~ considered a hardship case. Hold until the Hughes map is considered. Ron Imhoff, Chico.. Mr. Imhoff writes concerning development within the Chico urban area and the expansion of sewers to poor soil areas. Clif 1~ •0 ~ Mickeleen to -ask Nr. Imhoff to..come to the.Bbard and d~.scuss the matter. Stanley Sedor, attorney at Law. The Attorney, on behalf of Robert S. Rutherford, files a claim in the amount of $50,000 as a result of / ap 2_'~ injuries in a pedestrian/motor vehikle accident is Oroville. Sea motion following communications. Durham Mosquito Abatement District. The District sends notification that the terms of Charles Pocler and David Eioatetler will expire December 31 and ask that they be reappointed for a new two year G ~ '~~ term. Continua until next week. Butte County E.O.C., Inc. Fred Marken, chairman of the Membership Committee, Z ~, O p asks that the Board appoint an alternate member to E.O.C. Administerigg Board. The new Board will be making their choice of representatives and Supervisor Nadigen will attend the December meeting for the Board. Lime Saddle Community Service District. The District forwards its adopted Conflict of Interest Code for approval and asks that Board rescind 7 ,~ O,d ~ its prior action on November 9. Referred to County Counsel. Anthony Santos, Forest Ranch. Mr. Santos forwards information relative to his request for withdrawal of territory from the Williamson Act and .?j9 requeata a hearing before the Board, Hearing net for December 21, 1976 at 9:30 a.m. Senator Alan Cranston. Senator Cranston writes concerning his efforts with regard to medical services provided illegal aliens and requests supporting information. Walt Atkins, Health Services is preparing e report at this time. Page 344 December 14, 1976 ~ ~„`'~ December I4, 1976 C Q P T' G F S P a P a n P a P P P P P P i i a m v a s Y s p s c c Wayne Coleman, James Starr, and Arthur Steward, Paradise. The parties b.t.y submit a claim £or $1,112.00 for attorneys fees ea a result f Eyvind M. Faye, Knights Lending. Mr. Faye writes thanking the Board for of court action initiated against the Assessment Appeals Board. See motion following communications. the resolution on behalf of Alden. G. Barber. Information; no action. Paradise 'Luthem Church. The Church writes re: ingress and egress. Refer to Pubic 76-2128 REJECT CLAIM OF ROBERT S. RUTHERFORD Wor s. On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, the claim of Robert S. Rutherford in the amount of $50,000 as a result of injuries in a pedestrian/motor vehicle accident was rejected and referred to County Counsel and County's insurance carrier. io i.~ S/O/,4j~ Supervisor Madigan made the motion that the NCR 499 for the Auditor's 0€fice be cancelled. Motion withdrawn. 76-2129 REFER CLAIM OF WAYNE COLEMAN, JAMES STARK, AND ARTHUR STEWARD TO COUNTY_COUNSE~ Oa motion of Supervisor McKiilop, seconded by Supervisor Richter and unanimously carried the claim of Wayne Coleman, James Starr and Arthur Steward for attorney fees se a result of court action initiated against the Assessment Appeals Beard was referred to County Counsel far opinion. 76-2130 DTSCUSSIONi MEMO FROM BILL LAWRENCE. AUDITOR. Supervisor Madigan stated that the NCR 499 should be cancelled. Supervisor McKillop stated that the Board should wait until the Grand Jury had made their recommendation to the Bosrd. 76-2131 AUTHORIZE LETTER TO BE WRITTEN - CONCERNING INCREASING TAR 8ATE5. Supervisor Richter stated that is Cal Tex news letter Mr. Mills had made a statement which whould be answered. Mr. Miils wants to put a cap: on the taxing authority of County Government. Tt was felt that the problems of increasing taxes was the result of legislature mandated programs. Oa motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, a letter is to be written in response -to the statements of Mr. M111s and sufficient information on the problem is to be submitted. 76-2132 APPROVE COMMUNITY ACTION AGENCY GOVERNING BOARD ITEMS. Razia Rhaa, EOC Director, set out the background of the hiring of the Gridley Community Consultant. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, ,the following Community Action Agency Governing Board items were approved; 1. Approve lease fox office apace in the Waterland-Bresleuer Building, 341 Broadway, at a rate~of $200 per month for twelve months and authorize Chairman to sign. 2. Approve advanced step hiring of Gridley Community Consultant at Step II of the schedule. 76-2133 AWARD.BID: L. N. CURTIS & SONS FOR RESPIRATORY AIR SYSTEM FOR FIRE . DEPARTMENT. On mation~of Supervisor Richter, seconded by Supervisor McKiliop sad unanimously carried the bid of $14,015.23 for the respiratory air system for the Fire Department ie awarded to I+. N. Curtis & Sons. Page 3~r5 December 14, 1976 ~ r, December 14, 1976 c c c a c a ~x a c m c a e c ~c s c c a c n e~ n a o a a a a n a a 76-2134 REJECT CONCRETE B17iLDiNG BIDS AND AUTHORIZE PURCHASE AND INSTALLATION OF A FIBERG7.ASS BUILDING' - RADIO CO2~tUN'LCATIONS VAULT - 3T. JOHN`S NBDUNTAIN GLASSCOM MANUFA RIN COMPANX IN THE AMOUNT OF $ 904. Tom 6truthess, Purchasing stated that the materials are sot the major coat for the building it is in transporting the material to St. Johns Mountain. Mr. Struthers stated that the buildiag wouid be made of fiberglass and wee constructed for the communication purposes. On ,motion of Supervisor McRillop, seconded by Supervisor Ladd and unanimously carried the concrete buildiag bide are rejected and the purchase sad installation of a fiberglass building from Glasscam Manufacturing Company for St. Joha~a Mountain-in the amount of $5,904 was authorized. 76-2135 AWARD OF BID: 6ACRAMENTO FORD TRACTOR COt~ANY IN THE AMOUNT OF 5~~,,~00 FOR PURCHASE OF ARTTCULATEA WHEEL LOADER. On motion of Supervisor Richter, seconded by Supervisor McKillop, and unanimously carried, the bid to Sacramento Ford Tractor Company is the amount of $31,500 for as articulated wheel loader was approved, 75-213fi AWARD flF BIA: DR05CHER EQUIPMENT COMPANI' OF BEDDING IN THE AMOUNT OF $22,.770.2 FOR BAC[OJOE. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the bid to Droscher Equipment Company of Redding in the amount of $22,770.72 for a badd»e was awarded. 76-2137 AUTHORIZE PUBLIC WORKS TO PERFORM SITE PREPARATION FOR BICENTENNIAL SiA7A AND SET GROUND BREAKING GEREMONIES FOR DECEMBER 21. 1976 AT 12;00 NOON. On motion of Supervisor McR3.llop, seconded by Supervisor Richter and unanimously carried, Public Works is authorized to perform stipulated site preparation For Bicentennial Plaza,aad ground breaking ceremonies were set for December 21, 1976 at 12;00 noon. 76-2138 CONTINUE CLERICAL POSITION WITHIN THE PLANNING DEPARTMENT. Clif Nickelson, Administrative Officer, stated that the report recommends that the clerical position remain in the Planning Department. Supervisor Ladd stated that he could sot support that recommendation. to to Mr. Nickelson stated that there will be a recruitment for three positions for the Environmental Review Committee if the Board keeps the clerical position in the Planning Department On motion of Supervisor Madigan, seconded by Supervisor Richter and carried, the recomaaeadation to keep the typist clerk is the Pleasing Department was approved. A'Y`ES: Supervisors Madigan, McKillop, Richter and Chairman Cameron. NOES: Supervisor Ladd. Supervisor Richter stated that he uaderatood that the Committee had come up with a formula for charging fees for the Environmental Review Committee and that it was to be before the Board today. 76-2139 APPROVE BUDGET TRANSFERS. • ""~-~8udget Transfers discussed at this time. Oa motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried. the follawinA budget transfers were approved: Sheriff Enforcement. Transfers $9,982 from the reserve with $175 going Hance of equipment, $4,807 to rents and leases of equipment, and $j,000 1 departmental expense. The purpose of this transfer is to provide an tion to allow the Sheriff to carry on narcotics activities. (Infoz•~ation with agenda) B-~! CountY Clerk. Transfers X1,500 from the reserve to extra help in to provide an additional appropriation to cover unanticipated extra help .remente due to a prolonged absence of a regular employee. .._ .. Page 3 - __ ..._ _ December 14, 1976 December 14, 1976 s r r .e s r a r r r n ae re r r r r r r r r r r r r r r r r r r c e F .c ~w 8-~ Development Commission. Transfers X659.59 from the reserve to pro- fs sional and specialized services in order to provide an appropriation to ^_cver thee exFenses of Ward Connerly in submitting the County~s Economic Develogaeat - Ad:dinistration application to Seattle. B-~6, Public Works.- Road and Br~iBae Construction. Transfers X6,000 fr:m the Ne son West Road project, ~39~ 35 from Nelaan Blavo Road, and X3,000 from Biggs Avenue, with X14,339.35 going to the Ahart Avenue project.. This also transfers ~6,~32$.52 from the Cohasset Road project, X3,279.01 from Meridian Raad, X5,023.10 from Humboldt Bridge, and ~~.,$69.37 from Wilson Landing, with X19,500.00 going to Hvt~boldt Road. Additionally, this also transfers $2 465.41 from LaPorte RoFd Pr sect, X7,151.85 f~:gym miscellaneous culverts, and 2,382.'74 from Wilson Landing, wi h X12,000.00 going to Rockerfeller Road. This transfers appropriations from va ious projects where savings Were realized, to Ahart Road, Humboldt Road and Ro kerfeller Road, to cover the coat of those projects as previously approved by th Board. B-~ Plant and Ecuipment Aceuisition. This transfers X4,800 from revenue sh ring control to structures and improvements for the Upper Ridge Fire Sta.ian in or er to establish an appropriation for the Cook Ass;~<:fates engineering con~ract on the fire station. The contract with Cook Associates was approved on Octcber 19, 1976. • ?3-'~8 Plant and ui .eht Aceuisition. Transfers X1,500 f ern the reserve to ac~umul.ative capital outlay for the Gridley Library, thus establishing an ap:,rop.ria-• tign tc cover Cook Associates engineering contract for preparing the EDA appl-icaL•ion fob the Gridley Library. B-,3,~ Plant and Eoui~ment Aceuisition. Transfers X967.50 from the reserve to accumulative capitol outlay for the Administration Building, setting up an appro- pr atlon to cover Fox, McFarren and Taxman agreement in the preparation of a report ` fo~ the EOA grant on the Administration Building. ` _ ~. B-~ Central Communications - e ional Communications Proa'ram. Transfers $1,560 from salaries and wages, X1,000 from maintenance of equipment, X228.62 fros~ office expanse, X50 from professional services, $16 from legal notices, ~b25.58 fro rents and leaser of equipment, X669.81 from trarel, $229.$0 from fiscal man~gesent, and ~3,9f30.59 from indirect services received; trith X23.01 going to amp oyes benefits, X4.46 to compensation insurance, x$.092 to equipments and $26.93 to A-87 indirect services received. Total amount of transfer is ~8.3$0.l~0 and is neces:.itated to transfer unexpended balances to the equipment categor,~r in the Regional Eommunications Program purseant to grant modification #5 approved by he State Office of Criminal Justice Planning on November 12, 1976. 9-~ Public iJ::rks General Services - Public Works General Services - Housine stance a ants. Transfers 750 from the reserve to professional and spa ielized services in order to establish a budget to cover payment to Connerly and Ass:,~i.ate:~ for preparation of the Housing Assistance Pro~am. 76-2140 PUBLIC BEARING: HOUSING AND COI~IUNITY DEVELOPMENT PREAPPLICATION FOR FY - 1977-78. Gerald Lively, Administrative Analyst, stated that Mr. Ward Conaerly had not arrived and would like Co have the hearing continued until Mr. Conne~y was present. 8eariag open to the public: Rearing continued until later is the.day. 76-2141 APPROVx CONTRACT AMENDMENT TO TUINMAR SERVICBS FOR INCREASING STAFF OF NURSING AIDES, $6;OOp AND INCREASING THE LSV&L:OF JANITORIAL AND MAINTENANCE SERVICE. $2.000. Dr. Sv~.hus, 'Health Director, stated,tliat the contract amendment to Ksnmar for purses and housekeeping people was ;very badly needed. Page 347 Aec~mber 14, 1976 F ~ ( i December 14, 1976 '~ C F i R C w IP C m w 1w R io o i c m m s s~~ o~ a C s e e m m_ s. m m This is a manor change. This will increase the nursing staff and help with the housekeeping services. Chairman Cameron stated that this would help the facility. Discussion of lack of personnel had at this time. Oa motion of Supervisor Ladd, seconded by Supervisor Richter and unanimously carried, a contract amendment to Renmar Service Agreement for increasing staff of nursing aides, $6,000 and increasing the level of janitorial and maintenance services, $2,000 was approved. 76-2142 AUTHORIZE D„ , - ,., ,: _ ,,,,,, ,, ,,;,; TJRf~fA, , , , , ,,:, ..., 4 IPMENTiPUBLIC WORKS ^,, ISPO OF FOtJIPMENT AND P, SE OF NFW E D Clay Castleberry, Public Works Director, set out the~Background of the request to dispose of old equipment and to buy new equipment. On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, disposal of water pumps 519, 528, 530; disposal of oil truck distributors X108 and X128; postpone purchase of sedan; and purchase of two 3" portable water pumps and purchase of pump attachment for motor from old compressor X504; acquisition of sew oil distributor unit with 12' boot to be placed on an existing 10-wheel dump truck chassis; purchase of two drafting tables and-stoola, used, from CALTRANS, not to exceed $200 was authorized. 76-2143 APPROVE PLANS AND SPECIFICATIONS LOWER HONCUT ROAD FAS PROJECT V364(1) COUNTY PROJECT 04452-75-1 Clay Castleberry, Public Works Director, set out the Lower Honcut Road project aC this time. Oa motion of Supervisor Ladd, seconded by Supervisor Richter and unanimously carried, the pleas and specifications for Lower Honcut Road FA5 project V364(1) (County project 04452-75-1} was approved and Chairman and Director of Public Works authorized to sign plans. 76- ACCEPT IMPROVEMENTS - VISTA M&ADOWS SUBDIVISION UNIT NO 2 - On motion of Supervisor Ladd, seconded by Supervisor R3.chter and unanimously carried, the improvements for Vista Meadows Subdivision Unit No. 2 are accepted and a ono-year maintenance period is to commence. 76-2145 APPROVE E7~PANSZON OF SERVICE AREA - CHICO CLIPPER - SIIBJECT TO CONCURRENCE o~ elTx DF-cHlco. Clay Castleberry, Public Works Director, stated that resideate of Kentwood Mobile Home Park would 11ke to be included is the Chico Clipper service area. Discussion of whether or not this would be in the budget this year had at this time. Supervisor Ladd made the motion to deny the expansion of the service area for the Chico Clipper. Motion dies for lack of second. Chairmen Cameron stated that the Paradise area would be in need of some type of service IiYe the Chico Clipper as the taxi service will be stopped as of December 20, 1976. Mr. Castleberry stated that there was not enough money to run the Paradise service. There was an application made for funds for both Oroville and Paradise. Paradise was turned down and it looks as if the Oroville application will be approved. Supervisor Richter stated that if there is no transportation for people then you have eliminated their freedom. There should be some type of transportation. Paga 348 December 14, 1476 r~ ~ ', December 14, 1976 e ~ c a a m a o¢ e z- e s o s ~ Q a~ m~~ a~ s~ a a s m m c c c m G c Discussion of insurance had at this time. On motion of Superviear Madigan, seconded by Supervisor Richter and carried, the expansion of service arm for the Chico Clipper is approved subject to the City of Chico coacurring.AYES: Supervisors Madigan, McKillop, Richter and Chairman Cameron. NOES; Supervisor Ladd 76-2146 DISCUSSION: CLOSING OP RETSON ROAD SY DIAMOND INTERNATIONAL COMPANY Clay Castleberry, Public Works Director, stated that his office had met with two representatives of Diamond IatexnaCional Company and that they were perfectly happy with the agreement that had been signed. Mr. Castleberry stated that he is interested in renegoiating the contract. Supervisor Ladd stated that Retson Road has been and should continue to be a public road. 76-2147 APPROVE TRANSFER FROM, COMPLETED WORK ORDER 3762 (MESSILLA VALLEY ROAD BRIDGE TO WORK ORDER 3 6 ORD FERRY ROAD BRIDGES .e._ On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, transfer of $5,000 from completed Work Order 3762 (Measilla Valley Road Bridge) to Work Order 3761 (Ord Ferry Road Bridges) was approved and the Auditor directed to make the necessary transfer. ,• RECESS: 10:25 a.m. RECONVENE: 10:36 a.m. 76-2148 APPROVE TTTLE RX SOCL9L SERVICES PROGRAM. Bob Crisan, Welfare Director, set out the background of the Title RX Social Services Program. Mr. Crisan stated that a census shows the amount of people in Butte County who are eligible for services. This includes food stamps and Medical. This is a mandated program. Mr. Crisan stated that there were different iaterviewa taken that have made the computation figures. Mr. Crisan set out the background for the Work Incentive Program (WI13) that the County is operation. On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously Harried, the Title S7C Social Services Program is approved. ~,Z1.~ 76-2149 APPROVE GENERAL ASSISTANCE MANUAL AMENDMENTS. On motion of Supervisor Ladd, seconded by Supervisor McRillop ~ C and unanimously carried, the General Assistance Manual Amendments with the findinga•that e•. home visit every six months would considerably reduce the work load sad maintain the same level of service pased on the information received.was approved. 76-2150 CONTINUED PUBLIC HEARING: HOUSING AND COMt~1UNITY DEVELOPMENT PREAPPLICATION FOR FY - 1977-78. The continued public hearing on the Housing and Community Development preapplication for FY 1977-78 was held at this time. Appearing: 1. Ward Connerly, Connerly and Associates. Mr. Connerly stated that he would be presenting the Board with a series of recommendations. Mr. Connerly showed the Board graphics of the kind of work that has been implemented in the program. Mr. Connerly set out how the different houses are improved. Mx. Connerly stated that he is trying to get~a budget fox $145,000 for South Oroville. There have been no grants made all work has been done on a low interest payment schedule. Possibly $55,000 can be for Chapman Town in Chico. The program has a fiscal impact and also an economic impact. On motion of Supervisor Richter, seconded by Supervisor McKillap and unanimously carried, the Administrative Office and County Counsel are Page 349 December 14, 1976 ~ ~ December 14, 1976 ~aut~iorize~ to rewrite the amendment to the contract so thati Conaerly and Associates can put forward the application for Section 8 funds and consider the expenditures and to negotiate an amount and come back next week. 2. Russell Giver. Mr. Giver stated that he would like to see the red line lifted on the F'fiA financing of sew homes instead of rehabilitation of old ones. Mr. Giver would like to see a more camprehenaive study. Mr. Conn~cly stated the FHA had red lined the South Oroville area because of curbs, gutters and sidewalks. 3. Revere Pace, Chico. Mr. Pace stated that he would like Co know how much money Butte County ie going Co have to puC out on this program. Discussion 'of financing the projects had at this time. 76-2151 APPROVE PETITION FOR VARIANCE - JAMES C. DALKE The public hearing oa James C. Dalke petition for variance to provisions of Sections 19.10 and/or 19.12 of the Butte County Coda for the placement of a mobile home on AP 39-14-23, Route 3, Box 235, Chico was held at this time. Howard Toussaint, County Sanitarian, eat out the background of the request. Hearing open to the public. Appearing: No one. Hearing closed to the public and con~fiined to the Board. On motion of Supervisor Ladd, seconded by Supervisor Afadigan and unanimously carried, the 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 on AP 39-14-23, Route 3, Box 235, Chico is granted for a period of one year. 76-?152 PUBLIC HEARING: P. G. CHAt~LER -_PETITION FOR V_A_REANCE. The public hearing on P, G. Chambler petition fox variance to provisions of Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 27-06-44, 7051 Citrus, Palermo was held at this time. Howard Toussalnt, County Sanitarian, set out the background of the request. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor 1~ladigan, seconded by Supervisor Richter and unanimously carried, the petition for variance to provisions of Section 19-10 and/or 19-12 of the Butte County Cade for the placement of a mobile home•on AP 2Q-06-44, ~705I Citrus, Palermo ie granted for a period of one year. 76-2153 APPEARANCE: HOWARD JOHNSON. MAGALIA. Mr. Johnson stated that he had been trying to get certificates of compliance filed on his property since June. Mr. Johnson set out what had been done to date. Mr. Castleberry will check on the matter and will let the Board know later. Mr. Slake stated that he is opposed to the Department of Water Resources plan to drill wells to help salve the problem in the delta. Mr. Blake stated that he•would like to see the Board pass an Ordinance against drilling of these wells. Page 350 December 14, 1976 ~ ~"` December 14, 1976 r j 3.0 m m m=¢ w n ie m m w m w m w w w e w m 6 w m 76-2155 APPEARANCE;__CARL RUDOLPH - McCURRY CORM45CK ENGINEERING m m m w - Mr. Rudolph stated that his company is asking for an extension of time on Kelly Ridge Unit ..4A and 4B until September 18, 1977. Mr. Rudolph set out the background for the request. Oa motion of Supervisor McRillop, seconded by Supervisor Madigan and unanimously carried, ea extension of time for the filing of Kelly Ridge Unit 4.A and 4B map is extended to September 18, 1977. s 76-2156 CONTII3UED APPEARANCE: HOWARD JOHNSON. MAGALIA. Clay Castleberry stated Chat there were signatures that were not on the road agreement. Mr. ~ohaeoa stated that he would like to have everything that has been completed to be recorded. On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, all documents that are complete are to be recorded. 76-2157 APPEARANCE;. RUSSELL: GIVER. HUTTE~:PRDPERTg OWNERS ASSOCTATTON. Mr. Givex stated that he would like•the Board of Supervisors to reconsider the formation of the Environmental Review Department. 76-2158 APPEARANCE: JOFII~ HELMER AND PATRICK PORGANS CHICO. Mr. Helmer sad Mr. Porgaas were present to discuss the matter of the building shutdown with the Board. Mr. Porgane showed to Board graphs that he had prepared to show that there had not bean a decrease in building during the time of the law suit. Chairman Cameron stated that there will be discussion of this matter next week and perhaps Mr. Helmer and Mr. Porgaas would like to be present at that time to discuss the building shutdown. 76-2159 APPEARANCE: DAVE MACKEY OROVILLE. Mr. Mackey stated that many groups come in and talk to the Board of Suparvisore. Mr. Mackey stated that many of the college students get their credits by coming to the Board meetings and arguing with the Board. 76-2160 APPEARANCE KELLY JORDAN BUTTE PROPERTY OWNERS AS50CIATION. Mr. Jordan stated that once an ageaoy is foamed it is never abolished. Mr. Jordan would like to see the Board put a atop to the creation of the Environmental Review Department. 76-2161 APPEARANCES JO HASTINGS. COHASSET. Mrs. Hastings stated that she was opposed to "TM-20" zoning for her property. It is now in an Interim Zoning. Mrs. Hastings is asking to be deleted from the "TM-20" zone. 76-2162 APPEARANCE: F7ARA GUYER. COHASSET. Mrs. Guyer stated that most of the people who want "TM-20" zoafng do not own 20 acres of land. Mr. Guyer stated that "TM'-5" zoning should remain. RECESS: 12:25 p.m. RECONVENE: 1:30 p.m. 76-2163 ADOPT RESOLUTION 76-185: PUBLIC HEARING: MR. & MRS. RON JONES BY JERRY EVERHeiRD - ABANDOA4tENT OF PUBLIC UTILITY EASEMENT, LOT 155, FARADISE PINE5, UNIT N0. 2. The public hearing on the Mr. & Mre. Ron Janes by Jerry Everhard request for abandonment of public utility easement, lot 155, Paradise Pines, Unit No. 2 was held ae advertised. Mr. Lawson stated that there were no objections to the abandonment. Nearing open to the public. Appearing: No one. Page 351 December 14, 1476 ("~ r'", December I4, 1976 a a a a a e m e a a a a v a a a a a a a a s a a a e s a a a a a ex a m r Hearing closed to the public and confined to the Board. On motion•of Supervisor Richter, seconded by Supervisor Ladd and unanimously carried, Reaolvtion 76-185 abandoning a public utility easement, Lot 155, Paradise Pines, Unit No. 2 was adopted and the Chairman authorized to sign. 76-2164 PUBLIC HEARINGG,: HA,RoI.D F•. RUBY -, RECONSIDERATION OF TENTATIVE PARCEL MAP, AP 63-04-11 2 LOTS EAST DF SCHDTT ROAD. NORTHEAST OF FOREST RANCH. The continued public hearing on the Harold F. Ruby recondideration of Tentative parcel map, AP 63-04-11, 2 lots, east of Schott Roed, northeast of Forest Ranch was held at this time. Mr. Lawson set out the background of the request for reconsideration. Hearing open to the public. Appearing: Russ Rsoninger, Ringel and Associates. Mr. Rroningar stated that he would not object to the map being sent back to the Advisory Agency. Daa Blackstack, county Counsel, stated that is all fairness to the Subdivision Committee, the Board should reverse its decision on the map so that the committee can make their own findings. Hearing closed to the public and confined to the Board. Oa•motion of Supervisor Ladd, seconded by Supervisor MclCillop and unanimously carried, the denial of the Harold F. Ruby map is rescinded and is sent hack. to the Advisory Agency. 76-2165 CONTINUE TENTATIVE PARCEL MAPS TO MARCH 15...1977. The following parcel maps are continued to March 15, 1977: 1. William J. Beasley, AP 58-20-49, 4 lets, north side of Hwy. 70, approximately 450 feet north of Pinketon Canyon Road, 2. Thelma Lovedahl, AP 47-23-43, 56 & 57, AP 47,23-54 & 55, 20 lots, intersection of Cahasaet & Richardson Springs Road, northeast of Chico. 76-2166 REPORT: PLANNING COM(~SSION REPORT OF DENIED REZONE - PARADISE RECREATION AND PARK DISTRICT. - The Planning~Cocomisaion report of denied rezone-from "R-1 A&C" (single family residential, arts and crafts) "P-Q" (public quasi-public) property located on the west side of Wagstaff Read, approximately 1000 feet north of Billie Road, identified as AP 51-072-35, Paradise was received. 76-267 AEFDRT• PLANNING CONAfISSION REPORT OF DENTED REZONE - GECRGE fl. BARNES JR. The Planning Commission report of denied rezone frrnn "A-R" (agriculture residential) to "C-2" (general-commercial) property located on the south side of Loag Bar Road, approximately one mile east of Canyon Highlands Drive intersection, identified as AP 33-01-09, Oroville was received. 76-2168 DENY REQUEST TO SET PUBLIC HEARING DATE: E7CrENSION OF INTERIM "SR-1" FOR PROPERTY LOCATED NORTH OF BELL ROAD, WEST OF CUSSICR AVENDE, NORTHWEST OF CHICO. - • The extension of Interim "SR-1" (suburban-residential) property located north of Bell Rand, west of Cussick Avenue, northwest of Chico will expire on January 2, 1977. Mr. Lawson set out the background of the interim. Daa Blackatock, County Covasel, stated that there was no way that the Board could hear the request for extension before the time expires. There is a ten-day publication time and this can not be done. 76-2169 SET PUBLIC HEARING DATES; The following items were net for heaxiag on January 18, 1977 aC 1:30 p.m.: page 352 December 14, 1976 ~ ~ December 14, 1976 a a. n r+ m m m m m s m s m a m s m m m m m m o m m a m m m m s s c m: m 1. ~ William B. Hansel, etal, (Citizens' group) - rezone from "A-R" (agricultural-residential) to "ASR-1" (agricultural-suburban-residential) property located south of Olive Hwy., east of Oakvale Ave., north of sast- west centerline of Sec. 23 & 24, T19N, ROE, and west of west boundary line of Secs. 18 &'19, T19N, RSE, Oroville. 2, Lou Logue, etal appeal of Advisory Agency's denial of tentative parcel map, AP 55-02-31, 4 lots, southwest eide•of Neal Road, north of Roe Road, Paradise, 3. John Hassler - request approval due to hardship on tentative parcel map, AP 51-01-63, 3 lots, west aide of Oro-Quincy Hwy., north of Lake Oroville. 76-2170 CONTINUED HEARING: JOSEPH HUGHES - RECONSIDERATION OF TENTAfiIVL PARCEL MAP TO JANUARY 18. 1977 AT 1:30 P.M. The public heeriag on the Joseph Hughes reconsideration of tentative parcel map, AP 24-25-05 & 15 and AP 28-03-19 & 22, 2 lots, south side of Lower Honcut Road, approximately 1/2 mile east o£ Hwy. 70, south of Oroville is continued to January 18, 1977 at 1:30 p.m, 76-21,71 CONTINUE: RECONSIDERATION OP TENTATIVE PARCEL MAP - ERROL H. HALL. Del Selmsen, County Counsel's Office, stated that the Attorney General had been notified that this matLar was being considered today. Jim Lawson, Planning Director, sat out the background of the parcel map. This parcel map is in A-2 and Orchard and Field Crops. It is in the urban area on the overlay. Mr. Cal Bachman, engineer, stated that the planning Commission had recommended denial was because of the 3 to 1 ratio. This property is about 3.4 to 1 ratio. Mr. Bachman stated that the reason for the lot design was that the back of the property was the railroad and the front was Hwy, 32, Mr, Bachman stated that this~wae a hardship because of the tax situation of an urban area. Mr. Hall would like to build a house but ie unable to get financing for the entire 10 acres. This split would allow him to build a house, and also would relieve him of the tax bill. Mr. Bachman explained the surrounding area to the Hoard. On motion of Supervisor Richter, seconded by Supervisor Ladd the parcel map is approved based on the testimony that there is a hardship of taxing for urban area and has a prnzimity of other similar businesses and meowing on the urban area map it is consistent with the General Plan. Mr. Lawson stated that the Land Use map of the General Plan is the official map and the urban map is a subsidiary map. Motion withdrawn. Dan Blackstock, Covnty Counsel, stated that the maps on the Ganaral Pian ware for assistance and to help interrupt the General Plan. Mx. Blackstock stated that the Hoard is not determining use of the property, they are determining density. The hearing is continued to March 15, 1977 at 1:30 p;m. 76-2172 PUBT1'.C HEARING: CRESTWOOD SUBDIVISION, UNIT ~'1 - APPEAL OF PLANNING COM[~SSION'S DETEI(LKINATION THAT AN ETR BE PREPARED. The public hearing on the Creatwood~5ubdivision, Unit ~1 appeal of the Planning Commission's determination that an environmental impact report be prepared oa tentative subdivision map, 58 lots, asst side of Farley Street, xaorth of Roaita Way, Oroville was held at this time. Mr. McKeenan, Planning Department, stated that the Environmental Review Committee had @etermined that an EIR be prepared. Mr. Mci€eenan set out the baekgrouglo£ the appeal. Page 353 December 14, 1976 ~ r, December 14, 1976 m e a p se m s m m m o t. m s a n r r r: m m s o o a e v Q s m m m c t s Hearing open to the public: Appeariag:Greg Vistiea, owner. Mr. Viatica stated that he had complied with every request that the Planning Department had required of him, Mr, Viatica stated that he did not feel that an EIR should be prepared. Thera is ingress and egress to the subdivision. There are about 270 lots. There is no problem with the sewer lines. It is within walking distance to the schools. The homes will run from 28,D00 to $32,000 in price. North Burbank Public Utility District is willing to service the subdivision. Mr. Viatica stated that there is a 42" storm drain on the property. There is no problem with drainage. The OWID will service the subdivision with water. Mr. Viatica stated that he will coma in aad bond for the•improvemente as are required by Public Works. Hearing closed to the public and confined to the Board. On motion of Supervisor Ladd, seconded by Supervisor MclCillop and unanimously carried, the appeilaat is upheld and a negative declaration is to be filed with the findings that this has the urban entities aad that due to the testimony given there is no need for an EIR. 76-2173 PUBLIC HEARING: EXTENSION OF INTERIM "SR-I" ZONE PROPERTY LOCATED ON THE WEST SIDE OF THE ESPLANADE, FROM MUD CREEK TO WITHIN 600 FEET OF HENSHAW AVENUE CHTCO ADOPT ORDINANCE 1716. The public hearing on the extensioa~of Interim "SR-1" (suburban- reeidentiel) zone property located on the west side of the Esplanade, from Mud Creek to within 600 feet of Renshaw Avenue, Chico was held as advertised. Mr. Lawson set out the background of the Interim area. Hearing open to the public. Appearing: 1. Joe 811ingston, property owner. Mr. Eilingaton stated that he would like to have the area coned permanently. 2. Leslie Jones, Property owner. Mr. Jones is not opposed to the extension of Interim "SR-1". 3. Marie Costello, property owner. Mra. Costello stated that ehe•would like to see not less than one acre parcels. 4. Frank Bessell, property owner. Mr. Beasell stated that he was not opposed to the extension of Interim "SR-I". 5. Evelyn Myer. Mrs. Myer stated that she ie opposed to one acre percels. 6. Crystal TroC. Mre. Trot stated that if the property is not the way a person wants it then they can sell and buy somewhere elec. Hearing closed to the public and confined to the Board. On motion of Supervisor Richter seconded by Supervisor Madigan and unanimously carried, the Interim "SR-1" is extended for a period of S months With the Planning Commission to consider zoning "S-R", "SR-~" "SR-i", and "A-R" or any other as possible zones for that area, either alI or part of the area, asking them to hold hearings on the zoning, adopt Ordinance 1776 sad authorize Chairman to sign. 76-2174 ADOPT ORDINANCE 1777: PUBLIC HEARING: RICHARD~MILLER, ETAL : REZONE FROM INTERIM "SR-1" (SUBURBAN-RESIDEt3TIAL) TO "SR-1/2" (SUBURBAN_RESIDEI~IAL) PROPERTY ALONG, BOTH SIDES OF CHERRY LANE, NORTH OF PEARSON ROAD, CONTAINING 30 ACRES. MORE OR LESS. The public hearing an the Richard Miller, etal; rezone from Interim "SR-1" {Suburban-residential) to "SR-I/2" (suburban-residential) property along both sides of Cherr Lane north of Pearson Road, containing 30 acres, Wage 3~4 December 14, 1976 ~*, ~, December 14, 1976 sz s s d r: r a m et r r r m r s r r r r r c r p r r r a m a r r c a a a more or less was held as advertised. Mr. Lawson set out the background of the area. The Planning Commission votes 8 to 1 in favor of the rezone. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. Dan Blackatock, County Counsel, stated that this is more restrictive zoning and that it is an interim zoning. The Board can act on this matter. On motion of Supervisor McKillop, seconded by Supervisor Richter and unanimously carried, the Richard Miller, ~etal property is rezoned from "Interim "SR-1" (subnrban-residential) to "SR-1 /2" (suburban-residential) property along both aides of Cherry bane, north of Pearson Road, containing 30 acres, more or less, with the findings that a more restrictive zone was necessary to maintain the existing and planned uses in the area upon expiration of the Interim zoning, end with the findings that "SR-1/2" is more restrictive than the "A-R" zoning, and finding that it was in compliance with the elements of the Butte County General Plan; Ordinance 1777 was adopted and the Chairman authorized to sign. /0~ 76-2175 ADOPT ORDINANCE 1778: AMENDING ARTICE II OF CHAPTER 20 OF TFIE BUTTE COUNTY CODE_ RE_=_ REC1tEATI0NA1 ELEMENT OF THE BVfTE COiR3TY GENERAL PI~P,N Dan Blackatock, County Counsel, stated that this Ordinance would amend the Coda by taking out the recreational section pending adoption of the Recreation element. This is suspending the park dedication part in the new Subdivision Ordinance. On motion of Supervisor McKiita~~,rsdconded by Supervisor Ladd .- and unanimously carried, Ordinance 1778 amending Article II of the Butte County Code re: recreational dedication is adopted and the Chairman authorized to sign. 76-2176 DISCUSSION OF ENVIRONMENTAL REVIEW GUIDELINES. Dan Slackstock, County Counsel, set out the corrections and changes that he had made. The defA:aition of aigaifieant effect has been modified. Change may .to will. Mr. Blackatock net out the difference in the wording. Page 3: added may: a substantial. Add aspect instead of effect. Delete Che FAS road projects from the guidelines. These are not needed. Del Seimsen, County Counsel's office, stated that there are some changes in the procedures for processing an EIR. Procedures net out at this time. Page 6: Paragraph 0, This is repeated Prom the State guidelines. Discussion of changes in the environmental review guidelines had at this time. 76-2177 APPROVE ERTENSION FOR SCOTTY'S BOAT LANDING FORA PERIOD OF ONE YEAR, On motion of Supervisor Madigan, seconded by Supervisor MciCillop and unanimously carried, the lease agreement for Scotty's Board Landing ie extended for a period of one year. 76-2178 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS. Supervisor Ladd stated that the Board is not responsible for boundary ad3uetments on parcel lots. The procedure should be changed. Dan Blackstock stated that this was covered in the~aew Subdivision Orditmance. Ehairman Cameron reported to the Board on the Nine Northern Califoxnia Supervisors' Association meeting that was held in Redding. Supervisor Madigan has been apgointed chairman of the Water and Agriculture Committee, page 355 December 14, 1976 ~~ ~~ December lk, 1976 a m m m n w r m m a~ m r w c m m c m c m w m c a m m a w a a m s a m m m AD30i1RNMII~T There being nothing further .before the Board at this time, the meeting was adjourned aC 4:00 p.m. to reconvene at 9:00 a.m. Tuesdaq, December 2I, 1976. ATTEST: Cr,eRx A. NELSON, COUNTY CLERK Bq:~ ~ Board of S ervi6ora Clerk Chairman of the Board ~~ Yage 356 December 14, 1976