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M010874
January 8, 1974 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) 'The Board of Sugervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Cameron, Ladd, Madigan and Chairman McKillop. Clif Nickelson, Administrative Officer, Dan Blackstock, County Counsel and Clark A. Nelson, County Clerk by Margie Catt, Board of Supervisors Clerk. Absent; Supervisor Gihhan , INVOCATION: Rev. Raymond Bynum, Olive Hill Missionary Baptist Church, Oroville Pledge of allegiance to the Flag of the United States of America 74-1 RE-ORGANIZATION OF THE BOARD The meeting was called to order for the purpose of re-organization the Board. The clerk declared nominations in order for Chairman for the ensuing year. Supervisor Ladd nominated Supervisor Madigan The motion was seconded by Supervisor Cameron The Chairman asked if there were any further nominations; there being no further nominations the nominations were closed. The Clerk was instructed to call the roll. The Clerk was instructed to cast a unanimous ballot fox Supervisor Madigan as Chairman for the ensuing year. Supervisor Cameron moved and it was seconded by Supervisor Madigan that Supervisor Ladd be vice-chairman for the year. 74-2 APPROVAL OF MINUTES On motion of Sugervisor Cameron, seconded by Supervisor McKillop and carried, the minutes of December 18, 1973 were approved as mailed. 74-3 COMMiTNICATIONS 7 ~ 8' Bonnie Stafford, Oroville. Miss Stafford is a student in Chaco and suggests a bus line between Oroville and Chico. Referred to the Butte County Association of Governments for study. Walter G. Jackson, Chico. Mr. Jackson states that there is a traffic hazard ~ S"d , ~ near his home on Dayton Road and suggests the placement of a No Passing sign in that area. Referred to Public Works Director for handling. Donald W. Marjama, Paradise. An extension of time for construction of the ~ y z ,O O Almar Subdivision at Bi11e and Sawmill Road in Paradise is requested. Discussed; see motion following communications. M. W. Bradley, Paradise. Mr. Bradley files request to postpone street ~ ~ ~• ~ ~ ClarkvRoadtonrsouthesidedof E1liottmRoadpr Discussedidreferred back to Planning Commission for handling. Gary T. Lippincott, Paradise. An appeal is filed to Planning Commission ~~ 3_ b~ decision to deny parcel map application for Oak Investments. Set for January 15th, 1974 at 2:00 p.m. N. L. Robinson, L. E. Sickler and A. E. Denison, Oroville. These owners of motels on Oro Dam Blvd. East write in opposition to the ~3 .~ J proposed rezoning of their properties. To be discussed at afternoon hearing of this matter. page 184. January 8, 1974. --------~ _ W _January8,_1974_--_-_..______ ~ ~ ~ ~ Baker and Cornell, Chico. The Attorneys file application to gresent claim under Section 911.4 of the Government Code on behalf of Russell Morris Hood. Bee motion following communications rejecting claim. l 9 ~ ~ ~Bach~and Bach, Chico. -The attorneys file claim for personal injuries and damages on behalf of Paul H. Finch. See motion rejecting claim following communications. Butte County Board of Law Library Trustees. The Trustees request the Board's consideration of increasing the Law Library filing fees ~ ~ 7, (? 0 from $3 to $5 in the Municipal and Justice Gourts. Enclosed with the request are copies of the monthly financial report for the ' ~ operating fund and the Carleton Gray fund for the 1972-73 fiscal year, and copy of a report to the Bar Association on the status of the library with a current inventory of all books. Discussed; County Counsel will present ordinance at next week's meeting setting fees. Honey Run Covered Bridge Association, Inc. Mel Speegle, president, requests cftf Z p ~ permission to allow weddings to be held at the Honey Run Covered Bridge supervised by officers of the Association. See motion ' following communications. Charter Study Committee. Orrin B. Stratton, chairman, files final report ~ G C , p'Z. of the Charter Study Committee. Discussed; to be placed back on the agenda for Tuesday, January 22, 1974. Butte County Grand Jury. Mr. Logan, foreman, files copies of the audit Z ~ ,O O report for the 1972-73 fiscal year performed by Matson, Isom / and company. Discussed; no action taken, Bu~~je County Grand Jury. Mr. Logan, foreman, writes regarding the need for „y a~ a specialist for lot split investigation. piscussed; no action taken ~ at this time. paradise Recreation and park pistrict. The District requests rezoning on ~ O O. S y a parcel of land owned by the District to "public-quasi public." They state that the rezoning was recommended by the Planning Director. To be discussed when Planning Director is present. County of Los Angeles. The County forwards copy of its report on their / 0 3,0 O program of self insurance for Workmen's Compensation. Discussed; no action taken. Glenn County Chamber of Commerce. The Chamber writes regarding the proposal to establish an Amtrak passenger service stop in Orland. They Q D. ~ 0 solicit the Board and suggest that the Board of Supervisors appoint a delegate to a central committee to be formed by them for this purpose. Discussed; it was felt this should be endorsed by the Board. See motion adopting Resolution 74-1. Northern California County Supervisors' Association. The Association solicits / 4 O,G ~ choices of your Board for several committees, and also the name of the representative as Director to CSAC. Supervisor McKillop appointed Director and Supervisor Gilman appointed as alternate. CountySupervisors Association of California. The Association forwards ~ d ! (p y` information and material on the Federal Environmental Protection Agency's Transportation Control Plan. Referred to Clay Castleberry and Mr. Mackessy, Air Pollution Control Officer. Assemblyman Julian C. Dixon, Mr. Dixon writes regarding Assembly Bill 594 regarding controls aver the non-returnable or throwaway beverage container. Discussed; information only. County Counsel will study bill and will report back to the Board. State Department of Social Welfare. The Department sends telegram stating that ~ O,4 ~ procedures implementing requirements of AB 134, which provides for emergency loans to aid recipients, will be sent next week, and that the validity of the statute is unquestionable. They request full and prompt compliance with instructions for its implementation, See discussion following communications. Page 185. January 8, 1974 ~ '- ' ~~ _ _ ~'~ `~ ~ `'~ _ _ _ _ _ _ _ _ _ _ _ _ ,~anuary 8,=1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ State Department of Health. The Director forwards information regarding ~ U Assembly Bill 2068 which establishes child health disability D d• prevention programs at the local level. Also enclosed is a ~ booklet entitled A Plan for Implementing AB 2068 Child Health Disability Prevention Programs. Referred to Health Department. State Water Resources Control Board. The Board forwards order adopting ~/ ~ n regulations of the State Water Resources Control Board (subchapter 118, area wide waste treatment management). Referred to Geo. Stamm with a request that he report back to the Board if it pertains to County. U. S. Department of Agriculture Forest Service. Confirmation d' time and date for the hearing on timber exchange for Fibreboard Corporation ~ ~ ~' 3 as January 9, 1974. Discussed. Chairman Madigan will attend the hearing; Mr. McIntosh. will speak for the schools. Paradise Irrigation District. They write concerning work session held in the ~.~ State Water Quality Control Board office in Sacramento to consider water / b ~' quality in Paradise. They are concerned with the subject of sewers and/or other means of preserving the quality of surface and ground waters. Discussed; no action taken at this time. F. Herber Seely, Jr., County Auditor. Letter of resignation. See motion C b 2, ,~ 3 following communications. Carl McElroy, Sr. He writes concerning the selling of his property at the ~~ 3 a ~ northeast corner of Crane and Oakvale Avenues, Oroville. Read and discussed; no action taken at this time. Larwin Developments, Inc. Letters of extension of credit; their share of building of Magalia Dam. Referred to Clay Castleberry, Directpor of Public Works for handling. ~~ ra c~ ~~ S ~ ~~'„ e s /~'L.S e s s~-rre t,7~ ~; 57< 74-4 APPROVE REQUEST FOR EXTENSION OF TIME FOR CONSTRUCTION OF ALMAR SUBDIVISION, BILLE AND SAWMILL ROAD IN PARADISE On motion of Supervisor McKillop, seconded by Supervisor Cameron and caxxied, the request of Donald W. Marjama, Paradise for extension of time for construction of the A1mar Subdivision at Bille and Sawmill Road in Paradise was granted, for a period of one year. 74-5 REJECT CLAIMS OF RUSSELL MORRIS HOOD AND PAUL H. FINCH On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, the following claims were rejected and referred to County Counsel: 1. Application to present claim under Section 911.4 of the Government Code by a person acting on Claimant's behalf, claimant Russell Morris Hood, it being a late claim, in the amount of $75,000.00. 2. Claim of Paul H. Finch in the amount of $588,000.00. 74-6 GRANT REQUEST OF HONEY RUN COVERED BRIDGE ASSOCIATION, INC. TO ALLOW WEDDINGS AT THE BRIDGE SITE On motion of Supervisor Gameron, seconded by Supervisor McKillop and carried, the request of the Honey Run Covered Bridge Association, Inc. to allow and supervise weddings to be held at the Honey Run Covered Bridge was granted. 74-7 ADOPT RESOLUTION 74-1 REQUESTING AMTRAK STOP AT ORLAND, CALIFORNIA On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, Resolution 74-1 requesting Amtrak stop at Orland, California was adopted and the Chairman was authorized to sign. Page 186. January 8, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ ,~anuar~ $,=1474 = _ _ _ _ _ _ _ _ _ _ _ _ _ _ 74-8 DISCUSSION: PROCEDURES IMPLEMENTING REQUIREMENTS OF AB 134, WHICH PROVIDES FOR-EMERGENCY LOANS TO AIA RECIPIENTS; AUDITOR AUTHORIZED TO TRANSFER FUNDS TO MAKE SAID LOANS The letter from the State Department of Social Welfare stating that procedures implementing requirements of AB 134, which provides for emergency loans tc aid recipients, will be sent to the County next week. Bob Crissan, Welfare Director (acting) and Bill Lawrence, assistant County Auditor, present to discuss the bill. Dan Blackstock, County Counsel, explained the Attorney General's opinion concerning this matter. Implementation of said bill discussed, Mr. Blackstock said he sees no recourse other than to comply with the Bill. He felt the County should establish a fund and that the Auditor should be directed to make the loans to the recipients. Mr. Lawrence said that a transfer would be necessary to establish the fund; this should be a special revolving fund. Mr. Crissan explained the amount of funds that would be necessary at this time. Mr, Lawrence suggested that the Board authorize the Auditor to transfer such funds as necessary, not to exceed $30,000. Supervisor Ladd said he totally agreed with the concept, but there should be a provision made that the County would be repaid these loans. Mr. Crissan presented the Board members a copy of the suggestion that he had made to the State, suggesting that the County be included in the method used for the collection of the Social Security Administration funds. Action to be taken discussed, On motion of Supervisor Ladd, seconded by Supervisor Cameron and carried, the Auditor was authorized to transfer funds as needed into a special revolving fund fox loans to aid recipients, not to exceed $40,000 for this program. 74-9 F H SEELY 3R COUNTY AUDITOR RESIGNATION ACCEPTED On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, F. H. Seely, Jr., County Auditor, resignation was accepted, to be effective February 1, 1974. 74-10 APPROVE AGREEMENT MODIFICATTON: NYC OUT-of-SCHOOL AGREEMENT EXTENSION Jim Rackerby, Personnel Director, reported that an agreement modification has been prepared to extend the NYC out-of-school program through July 22, 1974 at an additional federal cost of $60,267, On motion of Supervisor McKillop, seconded by Supervisor Cameron .and carried, the agreement modification to extend the NYC out-of-school program through July 22, 1974 was approved and theChairman was authorized to sign. 74-],], ,WAIVE .~YRS~ .IiEA127S10 O1' AN QRDINANOE. AM~NnZNG .ORDINANCE N0. 12$4 OF SHE COUNTY OF BUTTE. KNOWN_AS THE "SALARY ORDINANCE'S Mr. Rackerby stated that a~~salary ordinance amendment has been prepared which retitles several positions in the regional manpower and law enforcement projects, air pollution control, health department and public works. He requested that the reading of the ordinance be waived and that the ordinance be acted upon next week. On motion of Supervisor Ladd, seconded by Supervisor McKillop and carried, the reading of the ordinance amending Ordinance No. 1284 of the County of Butte, known as the "Salary Ordinance" was waived and the ordinance was put over to Tuesday, January 15th, 1974 for adoption. Page 187. January 8, 1974 _1 ---------===-=January=8s 1974=====____--____ 74-12 APPROVE ITEMS DECLARED SURPLUS PROPERTY: AUTHORIZE PURCHASE OF EQUIPMENT FOR PARADISE MEMORIAL HALL AND FUEL TANKS FOR FIRE DEPARTMENT: AUTHORIZE CALL FOR BID FOR FORESTRY SQUAD TRUCK On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, the following action was taken; 1. Declared the following items surplus items and authorized disposal by Purchasing Agent with Sheriff's items to be transferred to Durham Volunteer Fire Department: a) Public Works, sign making machine - 3M model - inventory #02137 b) Sheriff Department, one mechanical siren and one light bar 2. Authorized purchase of refractometer at an estimated cost of $66. for the Farm Advisor. 3. Authorized purchase of two gas fired furnaces for the Paradise Memorial Hall, rather than the one gas-fired furnace that was budgeted. 4. Authorized purchase of three tanks with the $2,400 budget allocation for the Fire Department, with one tank going to the North Chico Station, one to the Richvale station and one to the Biggs Station. 5. Authorized call for bid opening for Forestry squad truck, in the Purchasing Office on January 22, 1974. 74-13 REPORT: MANPOWER REVENUE SHARING Jim Rackerby, Personnel Director, reported on the Manpower Sharing Act of 1973, signed by the President. This legislation includes provisions for special manpower revenue sharing to local units of government. He explained the programs that would no longer be mandated; giving the background of the programs. He said there would be policy decisions that would have to be made concerning the use of the Federal funds. Mr. Rackerby said he would come back to the Board at a later date for action on this matter. Supervisor Ladd said that if the Board was inclined to go along with the four County concept, the County should so indicate and a meeting of the Manpower Board could be set up; statement discussed. A letter will go out to that effect to the other participating counties. Matter referred to Supervisor Ladd and his board for study and to bring back a recommenda- tion to the Board. 74-14 AUTIIORTZE RCI~30W~'.E~f,Ei""~iDiT OF FEDERAL .RESTRICTION FQR~~LAR~' ALLOCATION FOR CAA EXECUTIVE DIRECTOR Mr. Rackerby reported on the salary allocation for CAA executive director. Recently the Board appointed Mr. dim Harris as the Interim Director at a salary of $1,023 to $1,243. Due to federal regulations restricting the amount of a salary increase that an employee may receive in the poverty program, it is not possible for Mr. Harris to be paid at the approved salary range. The Federal OEO will approve a maximum salary for Mr. Harris of $844 per month. Salaxy for Mr. Harris discussed. Mr. Rackerby stated that the Federal OEO desired acknowledgment by the Soard of this federal restriction. On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, the Board acknowledged the federal restriction and authorized the Auditor to pay Mx. Harris at $844 per month. Page 188. January 8, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ ,~anuary 8,_1974 _ 74-15 APPROVE EXTENSION OF TIME ON DUNCAN ANA JONES CHTCO AREA PLANNING AGREEMENT On motion of Supervisor Cameron, seconded by Supervisor McKillop and carried, an extension of time on the agreement with Duncan and ,zones for Chico Area planning was approved to=March 26, 1974. RECESS: 10;20 RECONVENID: 10:35 74-16 BUDGET TRANSFERS APPROVED On motion of Supervisor Ladd, seconded by Supervisor McKillop and carried, the following budget transfers were approved; B-34 Sheriff-Narcotics Task Force - this establishes appropriation for the Narcotics Task Force to be financed by the CCCJ grant recently approved - total grant budget $159,867. B-39 Welfare - Transfer appropriation for Homemaker Program from Welfare-Categorical Aids in the amount of $463,132 B-40 Administration - $208 from equipment maintenance to publications and legal notices 8-41 Board of Supervisors - $3,000 from the general fund reserve to publications and legal notices 8-42 Biggs Constable - $800 from the reserve to transportation and travel 5-43 Public Works - Sets up an appropriation for construction of the Enterprise launching facility with the construction contract in the amount of $126,858 and engineering of $10,642 with a total of $137,500 coming from unanticipated revenues - State Aid for Construction B-44 Public Works - Refuse Disposal - $49,240 from the reserve with $5,000 going to rural dumpoperations-maintenance of dumps and transfer stations; $19,000 to refuse hauling (Oroville); and the remaining funds going to Neal Road Disposal Site, $2,000-maintenance of equipment, $12,000 maintenance of dumps and transfer stations, $9,240-land fill hauling, and $2,000 to rents and leases-equipment. 74-17 APPROVE DANCE LICENSES: FEES WAIVED On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, the following dance licenses were approved with the fees waivedp 1. Paradise Assembly No. 97 International Order of Rainbow Girls for renewal of their dance permit 2, paradise Teen Council renewal of annual license, = ,_ 3. 4-H Fun Night Carnival to be held February 2, 1974. 74-18 PUBLIC WORKS ITEMS APPROVED On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the following Public Works items were approved; 1. Approveditte Vista Meadows Subdivision Unit No, 1 final map- Lower Wyandotte, 26 lots and accepted the offers of dedication, 2, Approved the following agreements for sale, authorized the Chairman to sign and authorized the Auditor to issue warrants upon demand of County's escrow agent: Page 189. January 8, 1974 -- ~__ ^ -~ _____________ January=81 1974- = = = =____-______ Acres Price Impr• Total Midway @ Yocum Herceg Est. 1.654 $4,962 $777 $5,739 26311-72-1 Skyway FAS 757(4) J.E. Parker, 0.024 784 -0- 784 et ux 3, Authorization granted to acquire drainage easements for Skyway Assessment District ~~1 (storm drainage-sewer crossings)~with either its own staff or using outside assistance, if necessary. 4. Approved purchase of County Buildings electrical test instruments. 74-19 APPROVE OROVILLE TRANSFER STATION PAYING BY LOAD RATTIER THAN BY WEIGHT: ONE WEEK On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, the Board acknowledged that operators of the Oroville Transfer Station could charge the users by the load rather than by weight for the one week following the award of the contract. 74-20 BID CONTRACT FOR OROVILLE TRANSFER STATION: CONTRACT MODIFIED TO CONFORM TO BID Oroville transfer station contract discussed. Mr. Castleberry said the contract was made on a different basis thah the bid. It was awarded with the understanding that if the County wanted to raise the rates, then any revenue received because of this increase in rates would go to the County. This was different than the bid. The contractor would not sign the agreement with this clause added. He signed the agreement as it was bid. It was felt that the County could pick up the additional costs at the Neal Road site. Supervisor Cameron said that with the energy crisis, he feels that it is not good to burn or destroy wood dumped at the Neal Road site by lumber companys. He felt this lumber or scraps of lumber should be sold to people that would like to purchase it. Mr. Castleberry said he would pursue the matter. On motion of Supervisor Ladd, seconded by Supervisor McKillop and carried, the Oroville transfer station agreement was modified to conform to the "as bid" basis. 74-21 FIXED ASSETS - TAR HEATING POT CITY OF GRIDLEY Mr. Castleberry reported on the tar heating pot that has been acquired from the City of Gxidley; stating that this was a capital out lay item and should be acknowledged. Discussed. Mr. Mickelson will acknowledge receipt of this item from the City of Gridley. 74-22 H. R. 8464 -CONGRESSMAN JOHNSON-TIMBER SALES Mr, Castleberry said that if the Board would like to concur with H. R. 8464 regarding timber sales, he will write a letter to Congressman Johnson. It was stated that this bill is dead for the time being, Mr. Castleberry said he would check with Congressman Johnson and will prepare a letter of support of the bill. 74-23 MT, IBA HEIGHTS UNIT Cpl, REQUEST BY ENGINEER FOR CONSTRUCTION BY PHASES: REQUEST AUTHORIZED Mr. Castleberry explained the request by engineer for construction by phase of Mt. Ida Heights Unit ~,~1. The improvements will be put in as requested. Request discussed. Page 190. January 8, 1974 January 8, 1974 On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, Mt. Tda Heights Unit ~~l engineer was authorized to develop the lots on a phase development basis, and that all the improvements will be required as outlined. 74-24 ADOPT RESOLUTION 74-2 DECLARING THROUGH HIGHWAY (NUNNELLY ROAD) On motion of Supervisor Cameron, seconded by Supervisor McKillop and carried, Resolution 74-2 declaring through highway (Nunnelly Road) was adopted and the Chairman was authorized to sign.. 74-25 ADOPT ORDINANCE 1420, AN INTERIM ORDINANCE ZONING A PORTION 02' THE COUNTY A "P-0" (PUBLIC -QUASI-PUBLIC) DISTRICT (PARADISE RECREATION & PARK DISTRICT) Jim Lawson, Planning Director, explained the request of the Paradise Recreation and Park District for rezoning on a parcel of land owned by the District to "public-quasi public". He said he concurred with the Recreation District. This would give them the proper zoning to go ahead with their development. They are in the process of obtaining possession of the building. Request discussed. On motion of Supervisor Cameron, seconded by Supervisor McKillop and carried, Ordinance No. 1420, an interim ordinance zoning a portion of the County a "P-Q" (public quasi-public) District for the Paradise Recreation and Park District and the Chairman was authorized to sign. 74-26 PUBLIC HEARINGS SET ON PLANNING ITEMS Public hearings were set for Tuesday, January 29, 1974 at 2;00 p.m. on the following: 1, proposed amendment of the Land Use Element of the Butte County General plan - grazing and open space. 2. Planning Commission initiated - proposed amendment to Ordinance ~k1002, zoning definitions, to include "agricultural employee." 3. Planning Commission initiated - proposed amendment to Ordinance ~k475, section 12, regulating non-conforming uses and repealing Ordinance ~k1076. 4. Elmer E. Wells, et a1 - rezone from "A-2" (general) to "AR-MH"- (agricultural-residential-mobile home) for an area generally described as south of Canal Drive, east of I'eatheivale Drive particularly described as all of Lots 173, 174, 175 and 178 of "Oroville-Wyandotte Fruitlands Unit No. 5", per map filed in the office of the Butte County Recorder in Map Book 8, on page 37A, containing 75 acres, more or less, Oroville. 74-27 DISCUSSION: CHICO AND OROVILLE URBAN AREA RECOMMENDATION Jim Lawson, planning Director, presented the recommendation for the Chico and Oroville urban areas, for inclusion in the subdivision ordinance. He gave the background of these recommendations. The area to be included in the Chico urban area conforms more clearly with the spheres of.influence line and to the urban limit line that the Division of Highway uses. They are trying to reconcile all the lines in the Chico area. Mr. Lawson set out the boundaries. of the Oroville urban line. He said this recommendation has been sent to the Oxoville Planning Commission. Areas discussed; no action taken. Page 191. January 8, 1974 `~ .. ~~~ ._~ _ _ - - _ _ _ _ _ - - =January=81 1974_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 74-28 TENTATIVE PARCEL MAPS APPROVED On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, six tentative parcel maps recommended for approval were approved with negative environmental reports and two tentative parcel maps recommended for approval and in an area that has previously been and is in the process of being four-by-foured were approved with negative environmental impact reports as follows: Zoned R-1 Marvin Chernow, AP 55-261-61, 4 lots, at Stearns and DeMille Roads, Paradise. Surveyor: John W. Hamby Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel map of the above property has been reviewed by the Butte County Subdivision Committee and the Planning Commission. The Subdivision Committee and the Planning Commission recommends approval of the tentative map, subject to the following conditions: 1. Indicate a 50 ft. septic tank free setback area measured from the edge of the stream. 2. Deed the proposed 60 ft. right-of-way to the County of Butte. 3. Road to be built to County RS-3 standards. 4. Safe intersection to be constructed. 5. Reserve a drainage easement through the creek area. 6. Install 6" water main between existing 6" main on DeMille and 12" main on Stearns; ndeter service outlets installed to all potential lots; blow-off valves, air valves and fire hydrants as required, per requirements of the Paradise Irrigation District. 7. Install 4"x2~" fire hydrants with 4" gate valves at 500 foot intervals on an adequate water main and construct road capable of supporting 10,000 1b. fire truck in all weather, per require- ments of the Paradise Fire Protection District. A Negative Environmental Impact Declaration was filed with the County Clerk on October 23, 1973 S~illaLe El:sto::~, ~P 36~-0313-13 ~ ;~'~~ 2 loess reort''~ side of '~-7 Rd . , ~.3a:'o~s~.ll.e , Szarv4;.ycar: x . ~ o Ff a~.:.~.ag soar . Ps;rr~exaxtt to tae reei'~a.,rM*mexvts of Srct~;~an ;~P.3 o,g ;~s~?~ Hearts C%~t~saty :~:^de, t_~aa~ t.~n~:~~tive .7a~.ce1 r3ap oa the ~.iar~.~t~ ~=r~+~ser~:~ ki~1_' }3een ~~"s'?~.?°r~23s'~. f]S7 ~'3C; bjY3~:~e ~'©6~E'at:.'?v :s'~~if~~,'?:~.7'aion ~~r:tlST,~.~b~s~''. and ~..he 32~.~.nninr,* ~yrre~~.;;s~.an. T'iae Sub~.i~L ~isihaa Ca~~r~~r t~;eM a~a~2 the ~' ~.ana~i~~.g r~'omma s Sian :~ewcsr..mends apla:~vv~al afi awe t,eb-:~,;atise asap, stsda j~sc~. tc~ t€ae i'o~.lt~~iatq uoada.- tioias : Page 192. ,7anuary 8, 1974 ____ ___________,~anuary=8~ 1974_=-==________-- 1. tk3~~ 3fl :~i:e ~:~ghC-tai.'--tazR~ °~C~ ~k?F3 a:.Axa,YS~::~' ~~ ~;3~'~:e ta~3s~:re~ ~. 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Page 193. - - _' ,7anuary 8, 1974 L ~~ a _____________January-8, 1974_-==~__--____--_ Thy S~sbcliv~isiora Cozc+mi~t~c~ d the Plai~~ Comsrcf anion r~~osrar~~r~ds appro~l og th€~ tenta~~as map, subject tea ~~.ta~ fo?Io~ingr ocsaadi- gic~ma:s 1, De®d ~3 fig. $~.~txt-•,~f~way to the C~s~nty of Butte ~eeasta~d frame the o~aza~:~::rli~5e of Dt~s?~.r~~~s, P.o~ad., ~. 1ndAOate 0 fps. n~i;c7:;.n~ s~tb~c::g,. 1°1~~:.a y:~a~e use a~e:at~rl.ine ~, I~egaS:iv~ Decla~atir~a ~.~aEa.rding En v%~:oe~ae:a:~ ~m~~a~.t was gilec3 witty the CatQnfig~ vleLts on No~,°~:mbw:~ 2S, 13~3~ Zoned A-3 P. G. & F., AP 42-01-49 (Portion), 2 lots, south side of Bell Road, east of Meridian Road, Chico. Pursuant to the requirements of Section 02.3 of the Butte County Code, the tentative parcel map of the above property has been reviewed by the Butte County Subdivision Committee and the Planning Commission. The Planning Commission, at its meeting held December 5, 1973, approved a variance to the 5 acre minimum lot size for the above identified property. The Subdivision Committee and the Planning Commission recommends approval of the tentative map, subject to the following conditions: 1. Show the entire parcel. 2. Deed to the County of Butte 30 ft. right-of-way measured from .the centerline of Be11 Road along Parcel A. 3. Indicate 50 ft. building setback lines measured from the centerline of the road. 4. Final map to show correction of the County drainage easement boundaries. A Negative Environmental Impact Declaration has been filed with the County Clerk on November 19, 1973, Zoned C-2 & William M. Kennedy, AP 52-244-26, 2 lots, A-2 Ltd. southwest corner of Pearson Road and College Hill Drive, Paradise. Surveyor: nary Lippincott Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel map of the above property has been reviewed by the Butte County Subdivision Committee and the Planning Commission. The Subdivision Committee and Planning Commission recommends approval of the map, subject to the following conditions: page 194. January 8, 1974 ______________January=8s 1974=====--___ _____ 1. Provide a minimum of 10,00 sq. ft. of lot area for Parcel 2 as required by the subdivision ordinance and the Health Dent. 2. Deed 20 ft, drainage easement to the County of Butte. 3. Verify the 20 ft. access to Parcel 2 and the right to use. 4. Verify that the subject parcel was legally created prior to March 4, 1972. 5. Access to Parcel 1 to be from Pearson Road unless an access, approved by the Dept. of Public Works, is provided. A Negative Environmental Impact Declaration was filed with the County Clerk on December 10, 1973. Zoned A-3 P7i11iam f.. E~es):een, AP 28-19-61, 3 ].otsr off "4ission alive iiT,vy., near OroviJ.le. Pursuant to t<ze requir•~m~nts of Section 20.3 of t`.te P,utte County Code, the tentative *tarc°1 maa of the aF~ove ~ro~erty :tas ~.~aen reVl°Tr1ed bV file }3lltte CC)uilt_7 SUbdi V1aiCn CO!17mlttee anc?. tle Planning Commission. The Planning Commission gnu Board of Suoervisor_s should bQ advised that this nzrcel man is in an area that has -~revi.ously item and is in -the urocess of being four by Poured.. The Subdivision Committee anc Planning Commission reco?mm~ncl a>Jnroval of the tentative maw w'nich meets the subdivision orcinanc~ r_enraire- ments, subject to the follotrirq conditions- i. Provide the health Dept. ;•~ith information sufficient to meet requirements of the suF~division ordinance as to the availability of caater. or place a statement on the final maw ±'.1at t.lerP is no evidence of domestic ~>>ater. 2. Additional nercolat:_cn tests may bn necessan~l~efore filing of the final man. 3. Verify that the subject n_arcel was legally created prior. to ;March 4 , 19 72 . 4. Verif~r the 6D ft. right-of-way and the right to use. 5. Indicate 50 ft. building setback lines measured from the centerline of the right-of-way. 6. Provide traversable access. 7. Provide a cul-de-sac at the west end of the roan. P. The right-of-ira~r be made a fee mart of one of. t'_le na.r. ceis . Page 195. .7anuary 8, 1974 1 -_--...-_____===,~anuary 8,=1974=====--------- A Nzctative Lrvironmental Impact Declaration caas filed with the County Clerk on May 7. 1973. Zoned A-2 Ltd. Jakob Braeu, AP 53-132-75, 3 lots, south side of Elliott Road, west of Ingalis Road, Paradise, Surveyor: Gary Lippincott Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel map of the above property has been reviewed by the Butte County Subdivision Committee and the Planning Commission. The Planning Commission and Board of Suzaervisors should be advised that this parcel map is in an .area that has previously been and is in the process of being four by foured. The Subdivision Committee and Planning Commission recommends approval of the tentative map which meets the subdivision ordinance require- ments, subject to the following conditions: 1. Verify legal access to Parcel AP 53-132-76 (identified as being south of and contiquaus to subject parcel). 2, Verify that the subject parcel was legally created prior to March 4 , 19 72 . 3. Deed to the County of Butte 30 ft. right-of-caav measured from the future centerline of Elliott Paad, A negative Environmental Impact Declaration was filed caith the County Clerk on December 3, 3.973. 74-29 APPEARANCE: MR. WILLIAM R, (BILL) AUSTIN: PRESENTATION OF MATERIAL REGARDING JUVENILE HALL Mr. William (Bill) Austin, Oroville, presented material regarding Juvenile Hall, He read a letter addressed to the Board explaining the material, which he feels will be useful to the Board. The Board was requested to read the material and tqr, Austin stated he would put himself in a position to help the Board in the construction of the new Juvenile Hall. Supervisor McKillop said he felt that the material would be useful to the Board and that since the County has a committee working on this matter, he suggested that Mr. Austin be requested to work with the committee. Mr. Austin said he would make himself available to the committee, if they cared to use him, 74-30 APPEARANCE; MR. JAMES_HANSEN, OROVILLE Mr, James Hansen, Oroville,spoke to the Board concerning open space zoning and the handling of the closure of the County Hospital. He requested that the day when the hospital is actually closed that an article be placed in the paper. 74-31 APPEARANCE: MR, JOHN MC LAUGHLIN DIRECTOR OF THE WORK TRATNTNG CENTER Mr, John McLaughlin, Director of the Work Training Center, requested that the Center be considered in the Revenue Sharing Funds. He was told that the matter would be placed on the agenda for discussion at a latex date. page 196. January 8, 1974 ---------=====January=8s 1974=====________-- 74-32 APPEARANCE: FRED WOLFSLEGER, DIVISION OF PARCEL OF LANB-FILING OF MAP Mr. Fred Wolfsleger spoke concerning his problem concerning parcel map on property of 40 plus acres. He felt this property was exempt from the filing of parcel maps. He had split this parcel from his other parcel because he was told that he could sell half of 'his grogerty. Mr. Neil McCabe, deputy county counsel, said that it has not been mandatory to require maps for 40 acre parcels; findings wexe not required. Mr. McCabe said the argument that the State is making is that there should be a review of these parcels, or a map required. At the present time, the County does not have a requirement for findings on parcels of 40 acres or more. Time spent discussing the requirement of parcel maps on parcels that are not less than 40 acres. Mr. McCabe said the law does require some review of the parcel. It was moved by Supervisor Ladd, seconded by Supervisor McKillop and carried, that the Board makes a finding that in the division of land in Butte County where no parcel is less than 40 acres, the filing of a parcel map will not be required. 74-33 APPEARANCE: BARBARA SHAPER OROVILLE Barbara Shafer, 300 Canyon Highlands, Oroville, spoke on the problem of speeding cars on Canyon Highlands; there is a dangerous curve and a blind intersection. The parents have warned their children about speeding cars and they have discussed the matter with the Highway Patrol> The Highway Patrol informed them that they would have to get the license number of the offending vehicles' owner. She asked what the people in the area could do about these speeding vehicles. Supervisor Ladd suggested that a committee be formed of the people in the area to watch and secure the license numbers and to be able to describe the driver of the vehicle. He would suggest that the area be patroled and when the word gets out that the area is being watched, the speeders will watch their speed and be more careful. Signs could also be glaced stating that there are children at play in the area, warning the people to slow down. Mr. Castleberry said he would be happy to work with Mrs. Shafer in the placing of signs. He said if he could secure such a sign, he would provide it for the area. Mr. Castleberry will also write to the Highway Patrol and express the Board's concern about the area. 74-34 APPEARANCE: MR. JERRY' MEYER. OROVILLE Mr. Jerry Meyer, Oroville, questioned the Board about matters that are placed on the agenda. He asked whether a person could express objections to something that might be placed on the agenda. Mr. Mickelson said the agenda was put together on Friday and copies could be obtained on Monday. If anyone has a question about an item, they could call Administration and they would let them know if the item was to be on the next week's agenda. 74-35 REPORT: AIR POLLUTION CONTROL HEARING PROBLEM Neil McCabe, deputy county counsel, reported that the Air Resources Board has a hearing scheduled for January 10th, 1974. Supervisor Gilman has some concern concerning matters to be discussed at the hearing. There axe two sources in Butte County that axe .involved in the hearing, Koppers of Oxoville and Diamond International are on the lists to be discussed at the hearing. The County also has Air Pollution Control Hearings scheduled for Thursday, January 10th. His question to the Board was whether the Board would like him to attend the San Francisco hearing or should he send someone page 197. January 8, 1974 ,,-~ - __~ ,r„ \/ ' _.~ ,-~ '. January 8, 1974 to represent the County. Mr. Mackessy, Air Resources officer for Butte County, said there are two companies in the County that are in violation. Work is being done to correct these violations. Hearings discussed, Mr, Blackstock stated that his office could supply representation down in San Francisco for the hearing. Mr. Mackessy stated he would have someone from his office also attend the hearing. RECESS: 12;05 RECONVENED: 1;30 p.m. 74-36 REPORT: STATE'S NEW PUBLIC DISCLOSi_3RE LAW Dan Blackstock, County Counsel, set out his opinion concerning the State's new public disclosure law. He said there has not been an over re-acting in this County as in the other counties. He explained his interpretation of the bill. He did not feel that professional people who receive payments from clients would have to disclose how much they receive from each individual. $i11 discussed; no action taken. 74-37 DISCUSSION: ORDINANCE AMENDING AND ADDING CERTAIN PROVISIONS OF CHAPTER 20 OF THE BUTTE COUNTY CODE: RESOLUTION AME[~DING CERTAIN SUBDIVISION AND LAND DIVISION STANDARDS AS ESTABLISHED BY RESOLUTION 72-62 Neil McCabe, deputy county counsel, explained the proposed ordinance amending and adding certain provisions of Chapter 20 of the County Code, stating that it would make certain amendments to the subdivision standards. He made , comments concerning the material that had been presented to the Board members. Road improvement standards discussed, Supervisor Ladd set out his concern regarding the xequirements. Time spent discussing the standards set out in the ordinance. Discussed the matter of 40 acres, whether it should state "40 acres or less" or "less than 40 acres". It was felt that some interpretation should be presented before the Board goes any further with the ordinance. Ordinance and resolution put over to Tuesday, January 15th, 1974.. 74-38 HEARING SET: APPEAL OF W. B, STYLES The appeal letter of W. B. Styles concerning use permit to allow modification and expansion of a non-conforming use, a mobile home park, on property zoned A-R, Paradise was read and a hearing was set for Tuesday, January 29th, 1974 at 2;00 p.m. 74-39 PUBLIC HEARING: NADINE FREEMAN, INTERIM ZONING TO "AR-MH3" DISTRICT, NIMSHEW ROAD FROM SKYWAY TO SOUTH END OF NIMSHEW, NIMSHEW RIDGE ABOPT ORDINANCE N0. 1421 The public hearing on the Nadine Freeman request for interim zoning to "AR-MH3" district, Nimshew Road from Skyway to south end of Nimshew, Nimshew Ridge was held as advertised. .Jim Lawson, planning director, summarized the action of the Planning Commission in this matter. He stated that the planning Commission has the petition for permanent zoning before them. They will needan extension of the interim zoning. Request discussed. page 198. ~ January 8, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _J~n~ary=8~ ~9~4= _ _ _ _ _ _ _ _ - _ _ -- On motion of Supervisor Cameron, seconded by Supervisor McKillop and carried, Ordinance No, 1421, an interim ordinance zoning a portion of the County of Butte an "AR-MH3" (agricultural residential-mobile home} district was adopted and the Chairman was authorized to sign. 74-40 PUBLIC HEARING: PETITION FOR VARIANCE FROM SECTION 19-10 and/or 19-12 LAWRENCE RTCHARDS TO PLACE MOBILE HOME ON PRIVATE PROPERTY The public hearing on the petition of Lawrence Richard, for variance from Section 19-10 and/or 19-12 to place a mobile home on private property was held as advertised, Howard Toussaint, County Sanitarian, said that the applicant had called and stated that she was moving to Arizona for her health and would not need permission to place her mobile home on this property. The applicant was not present at this time. Hearing continued to Tuesday, January 22, 1974, to give Mr. Toussaint an opportunity to contact the applicant. 74-41 PUBLIC HEARING: PLANNING COMMISSION INITIATED: REZONE FROM A-2 LTD. TO R-1, PROPERTY NORTH OF DEAN ROAD AND EAST OF PENTZ MAGALIA HIGHWAY The public hearing on the Planning Commission initiated rezoning from A-2 Ltd. to R-1, property north of Dean Road and east of Pentz Magalia Highway was held as advertised, This concerns two parcelsthat were deleted from the R-1 zoning. Jim Lawson, Planning Director, set out the background of this matter. He stated no objections were received at the Planning Commissions hearing. gearing opened to the public. Appearing: 1. Mr. Claude pope, appearing in favor of the g-1. Hearing closed to the public and confined to the Board. On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, the poard waived the reading of the ordinance in this matter. Matter continued to Tuesday, January 15th, 1974 for the second reading of the ordinance. 74-42 PUBLIC HEARING: VARIANCE TO LOT SIZE: MC CAIN AND ASSOCIATES, WEST SIDE OF DAYTON-DURHAM HIGHWAY, DURHAM The public hearing an the variance to lot size, McCain and Associates, west side of Dayton-Durham Highway, Durham, was held as advertised, Mr. Lawson summarized the actions of the Planning Commission in this matter, stating that there is an existing medical complex on the property. The owners have requested a variance from lot size; this is an appeal of the denial by the Planning Commission If approved, this would allow the owners to proceed with the processing of the legal documents in the matter. Planning .Commission is suggesting at this time that they establish an interim R-1 district for this property. Hearing opened to the public. Appearing; 1. Mr. Charles Skow, attorney at law,representing the owners of the building. He said that Mr, Wall, one of the partners, had discussed this with Supervisor Gilman and Supervisor Gilman said he would agree to the lot variance and would also agree to the interim R-4 zoning. page 199. January 8, 1974 -- r~ -\ ,.. _______________January 8,=1974=====__--___ Mr. Lawson said Supervisor Gilman had agreed to the interim zoning. It was felt that the zoning would be preferable to the non-conforming use. Keith Humphrey, repxesenting Dr. Jones-renter of the complex, agreed to the interim zoning, Valor9.e Cummings, representing the Durham Planning Committee, said the committee opposed the granting of the variance but they approved the interim zoning. , Hearing closed to the public and confined to the Board. Discussed actinn to be taken at this time. It was stated that if the variance were to be granted, it would be a non-conforming use in an "A-3" district. Under the interim zoning, it would be a conforming use, On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, the variance to lot size, as requested by McCain and Associates, for parcel on the west side of Dayton-Durham Highway, Durham, was denied. On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, Ordinance 1422, an interim ordinance zoning a portion of the county an "R-4" (maximum-density dwellings-restricted service) district was adopted and the Chairman was authorized to sign. 74-43 PUBLIC HEARING: APPEAL BY J. HELLERMAN-REZONING NORTHWEST CORNER OF DEAN ROAD AND CHAPMAN LANE PARADISE The public hearing by J. Hellerman on the rezoning of the northwest corner of Dean Road and Chapman Lane, Paradise was held as advertised. Mr. Lawson set out the background of the rezoning. It had been suggested that this be considered as an A-R zone so that these people could keep the horses that they have. Planning Commission denied .the rezoning. He explained the reason for the denial. Letter from Mrs. Alyce Burgess read in opposition to the rezoning. gearing opened to the public. Appearing; 1. Jim Hellerman, owner of the property. He explained the reasons for the requested rezoning. They felt that their acreage would justify the keeping of the horses on this property. 2. Claude Pope, spoke in opposition to the rezoning. 3. Mrs. Hellerman. She stated that the original owner of the property did not know of the rezoning, or at least he had not informed them of the proposed zoning for this property. 4. Mrs. Knowland. She spoke in opposition to the rezoning. 5, Ezra Landower, Dean Road. He spoke in opposition to the rezoning. Hearing closed to the public and confined to theBoard. Supervisor Cameron said that at the last hearing in this matter, the Board felt that the Hellermans should be grandfathered in and that the horses should be allowed. He felt they should me allowed to remain and keep their horses. Supervisor McKillop said that was the feeling of the Board at that time and that the keeping of the horses would be a non-conforming use. Page 200. January 8, 1974 _____________ January=8,, 1974-====__--_____~._ Time spent discussing when the property was purchased, when the zoning was placed on the property and when the Hellermans placed the horses on the property. Mr. Lawson read the Environmental Impact Report that was filed with the County Clerk and accepted by the Planning Commission. Hearing continued to January 22, 1974 at 2;00 p,m. RECESS: 3:40 RECONVENED: 3:50 74-44 CHAIRMAN MADIGAN EXCUSED On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, Chairman Madigan was excused at this time. Vice Chairman Ladd to conduct the balance of the meetingo 74-45 PUBLIC HEARING: CONTINUATION OF THE HEARING ON THE REZONING OF ORO DAM BLVD. EAST AND WEST OROVILLE The continuation of the hearing on the rezoning of Oro Dam Blvd, east and west, OrovilLe, was held at this time. Mr. Lawson set out the background of the rezoning. He said that the recommendation of the Planning Commission conforms to the City of Oroville General Plan for the area. Hearing opened to the public. Appearing; 1. Raymond Leonard,, appearing for Mrs, Katherine Bowles. He stated that Mrs. Bowles owns 45 acres of land in that area; she is opposing the S-2 zoning. She is asking that the Highway Commercial zone remain in effect along the highway and, secondly, she is asking that the balance of the area be zoned R-1. She feels that the S-2 zoning would destroy the value of the land for any subdivision type development. rezoning. 2. Mr. Sickler, owner of the Dam Site Motelo He objected to the proposed 3. Stan Pittman, representing Lancashire Corporation, and the Ford Estate. They strongly protest this rezoning. They want to maintain the highway commercial. He urged the Board to leave the area as it is now zoned. 4. Al Dennison, owner of one of the other motels. He opposed the proposed rezoning. He would like to expand his motel and with the new zoning it would not be allowed. Hearing closed to the public and confined to the Board, On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, the Board rejected the request for rezoning of Oro Dam Blvd., east and West, and sent it back to the Planning Commission for further study. Supervisor McKillop told Mr. Leonard that he should institute the R-1 zoning for his clients property, Mr. Leonard said he *aould like to sit down with the Planning Commission and explain his request. He will contact the planning Commission. Page 201. January 8, 1974 `~ - `~.:' __ '~ . _ _ _ _ _ _ _ _ _ _ _ _ _ _January=8= 194= _ _ _ _ _ _ _ _ -- - - _ _ 74-46 ADOPT RESOLUTION 74-3 AND NOTICE OF INTENTION TO ANNEX TERRITORY TO COUNTY SERVICE AREA AND SETTING PUBLIC NEARING (COUNTY SERVICE AREA N0. 4} On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, Resolution 74-3 and notice of intention to annex territory to County Service Area No. 4 and setting public hearing for February 26, 1974 at 2;00 p.m. was adopted and the Chairman was authorized to sign. 74-47 APPROVE APPOINTMENT TO OROVILLE MOSQUIT_0_ABATEMENT DISTRICT On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, Harold L. Kroeger and Paul G. Bullard were re-appointed to ~ D . S/ the Oroville Mosquito Abatement District for two year terms expiring December 31, 1975. RECESS: The Board recessed at 4;40 to go into an executive session. RECONVENED: The Board reconvened at 4;45 following an executive session, ADJOURNMENT: ~~iere being nothing further before the Board at this time, the meeting was adjourned at 4:45 p.m. to reconvene on Tuesday, January 15, 1974 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK By; airman of theBoard Board of S ervrsors Clem Page 202, ,7anuary 8, 1974