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HomeMy WebLinkAboutM012974January 29, 1974 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supa-visors met at 9:00 a. m. pursuant to adjournment. Present: Supervisors Cameron, Gilman, Ladd, McKillop and Chairman Madigan. Clif Nickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. INVOCATION: Rev. George H. McLane, Biggs United Methodist Church Pledge of allegiance to the Flag of the United States of America 74-139 APPROVAL OF MINUTES Dn motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the minutes of January 22, 1974 were approved as mailed. 74-140 COMMUNICATIONS Notice of intention to circulate petition for tfie incorporation of Paradise. 0 ~y The notice bearing 50 signatures of Paradise residents is filed , 0 pursuant to Section 34302.5 of the Government Code. To be filed. Peter D. Peterson, Chico. Mr. Peterson expresses his gratitude for ~ ~ cooperation and assistance during the recent flooding of the ~~ Z• Sacramento River and specifically the Sheriff, Director of Public Works and the Civil Disaster Director. Information only. Maurice L. Norman, Paradise. Mr. Norman writes in opposition to the p 0<3 ~ Proposed U.S. Forest Service exchange of acreage with the ~ Fibreboard Corporation. Forwarded to the Forest Service. Dr. Stew art Bedford, Chairman-Butte County Mentai Health Advisory Board. ~ ~ ~dv~974 of two d n i n B . o s l 3 ~ O • l rn theBoard, nald the physic a on on January D Richey, and Mr. Richard Harrison, the lay member. He further states that the Advisory Board unanimously recommends that the Board of Supervisors appoint Frank Garrison to the vacancy created by resignation of James Sweeney, hospital administrator. The letters of resignation by Dr. Richey and Mr. Harrison are enclosed. Discussed. Referred to Administration and Dr. Enloe, Northern Valley Indian Health, Inc., Oroville. The organization inquires as to availability of an administration and clinical type building which they might use in providing services to 4,500 American Indians within a seven county area. Discussed. Referred to Administration and Dr. Enloe. Butte County Bar Association. The Association unanimously passed a resolution supporting the Chico Area Legal Services and further endorses the proposed contract between this organization and the County of Butte. They have formed a permanent committee to coordinate their support with this organization. Discussed. No action taken. Butte County Council for Comprehensive Health Planning. The Council urges ~ ~ reactivation of the Butte County Emergency Medieal Committee. 3 0 ~' Referred to Dr. Enloe. Page 232. January 29, 1974. _ _ _ _ _ _ _ .. _ _ _ , January_29, _ 1974 _ _ _ _ _ _ _ _ _ _ _ _ County of Stanislaus. Joash Paul, chairman of the Board, writes regarding the energy crisis and some of the questions being f Q Q. 3 ~ asked by the public regarding conflicting reports as to its cause. They suggest that Congress commission a private firm to investigate the alleged energy crisis. Discussed. No action taken. Clarence L. Price. Mr. Price writes regarding the delay in receiving notification of action taken concerning his application for reduction of taxes. Referred to County Counsel to report back to the Board next week. James B. Hamlin, Chief, Shasta Field Division, Bureau of Reclamation. ~(~ ~ p D He writes to invite the Board members to attend a series of , talks on the goals and activities of the Central Valley project. No action taken. Congressman Harold T. (Bizz) Johnson. Writes regarding final and official / (> V.,~j L word about energy allocations and regulations. Information only. 74-141 AUTHORIZE PROPOSAL FROM MC CAIN ASSOC. FOR PRECINCT UPDATING Clark Nelson, County Clerk, explained the proposal from McCain Associates for precinct updating caused by the new split of Assembly Districts. Mr. Nelson stated that this has been discussed with the Public Works Department. He said the school districts axe also changing some of their boundary lines. Public Works has been doing his map making in the past so that he does not have to have a map department for his election work. Supervisor Ladd suggested that maybe someone at Chico State University could do this work; Clay Castleberry, Airector of Public Works, said this would not work as Chico State University are requesting copies of the County maps from Public Works to work with. Proposal discussed. The changes have to be made now. Supervisor McKillop questioned Mr. Castleberry about the price quoted by McCain and Associates and Mr. Castleberry said he felt the price was a fair one. On motion of SupervisorMcKillop, seconded by Supervisor Gilman and unanimously carried, the Board approved the proposal from McCain and Associates to do the precinct updating caused by the new split of Assembly districts, at a cost of $4,DOC= Mr. Nickelson will arrange a transfer to cover the costs of said work. Discussed billing the State for this work. The Auditor will be requested to compute the costs for said precincting and will send the bill down to the State for their consideration. 74-142 ADOPT_ORDINANCE N0. 142$, AMENDING SALARY_OR_DIN_A_N_C_E_:__S_ECO_N_D_READING On motion of Su ervYSOr Ladd sec p , onded by Supervisor Camero n and unanimously carried, the Board waived the second reading of the ordinance amending the salary ordinance, adopted Ordinance No. 1428 amending the salary ordinance and authorized the Chairman to sign. 74-143 ADOPT RESOLUTION 74-14 APPROVING AMENDMENT TO FIRE PROTECTION AGREEMENT Amendment No. 1 to county fire protection agreement has been prepared for purposes of proving differential pay £or a State Forest Ranger I and a Fire Captain for purposes o£ giving 24 hour, seven day a week dispatch service and foul' day a week dispatch canter supervision. page 233. January 29, 1974 January 29, 1974 Approximate cost would be $2,568, however, this change can be accomplished without increasing the gross amount budgeted for salaries in the present contract, and the present contract level will remain the same. This item carried forward from last week and Mr. Letson was presented at this time to explain the amendment. Mr. Letson explained how this problem had been created. He said that if this request were approved, it could be fit into the total coverage at the station. The request at this time is to amend the budget to pay for the standby pay for one captain. Purpose of the request set nut and discussed. He said there were sufficient funds in the budget to handle the request this year but that next year's budget would have to be increased to take care of these positions. Report of the case Toad discussed. Mr. Letson will provide the Board members a copy of the case Ioad. On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, Resolution 74-14 approving Amendment No. 1 to the Fire Protection Agreement was adopted and theChairman was authorized to sign. 74-144 TYPE[dRTIER DECIARED SURPLUS PROPERTY The District Attorney requests the hoard to declare an old Underwood manual typewriter, Inventory ~k03254 surplus, as it is inoperative and would cost more than the machine is Evorth to put it in a?orking order. Request discussed. On motion of Supervisor Cameron, seconded. by Supervisor Ladd and unanimously carried, an old Underwood manual typewriter, Inventory ~~03254, located in the District Attorney's office, was declared surplus property and the Purchasing Officer was authorized to dispose of said typewriter. 74-145 AGREEMENT-BUTTE COUNTY ADDRESSING STUDY: PUT OVER ONE jJEER The agreement with the University Foundation, California State University, Chico, for the house renumbering and street renaming in Butte County has been prepared and approved by Counsel and Auditor. Maximum costs under the contract are set at $29,722. Listed in the budget transfers for Board consideration is a transfer setting up this amount fn the proper budgetary account. The Auditor's approval is contingent upon providing this budgetary authorization. Mr. Mickelson stated that Clay Castleberry and Scott Tandy have worked on this matter. Supervisor Ladd said he had received copies of the two addendums to the agreement. Mr. Blackstock stated that copies of the agreement were sent to the Board members without the copies of the addendums being attached. Matter put over to Tuesday, February 5th, 1974, to give the Board members time to study the agreement and the copies of the addendums. 74-146 AUTHORIZE LIBRARY PURCHASE OF EQUIPMENT On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, purchase of six rather than four sectional two drawer cabinets within the budgetary allotment o£ $80 were authorized to be purchased for the County Library. Page 234. January 29, 1974 ___________===,I~nu~rg29tZ974W ______________ 74-147 BUDGET TRANSFERS APPROVED Budget transfers discussed. Budget transfers B-54, B-56 and B-55 were taken off the agenda at this time. Supervisor Ladd questioned the amount of poison to be purchased in Budget Transfer B-52. It was stated that the volume of poison was greater this tzme of year. Supervisor Gilman stated that last year the County ran out of squirrel poison. Budget transfer B-56, Assessor discussed. Travel within the Assessor's office discussed. Chairman Madigan said he would Iike to see a report of the travel for the last six months for the Assessor's office. Transfer held over one week to give Mr. Vasco a chance to appear and discuss the matter of his travel. On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the following budget transfers were approved: B-52 Agriculture - $2,500 additional in the agriculture services- stock for reissue account and to cover increased cost and volume of poisons purchased for resale. B-53 forestry - $559 from maintenance of equipment to special departmental expense 8-57 Health - $5,000 £rom salaries and wages regular to professional and special services B-58 Health - $3,000 from Reserve for Contingencies General fund to Sickle Cell Anemia contract 74-148 PRESENTATION OF PRELZMINARY DRAFT OF AN ORDINANCE ESTABLISHING 'WATER WELL CONSTRUCTION STANAARDS Howard Toussaint presented a preliminary draft of an ordinance establishing water well construction standards. County Counsel sent out drafts of the ordinance and standards last Friday to the Board members. It was felt that copies of the ordinance and standards should be sent to the drilling industries. Mr. Toussaint said the ordinance was not ready for a reading at this time. He said the matter of inspection of the wells is difficult. Mr. Toussaint explained the problem of staffing in the sanitarian office. This ordinance will place a stress on the office. The PEP funding will run out in June and this will leave them with one man short. He does not know if they can handle this additional work with the present staff, Discussed; no action taken. Mr. Toussaint said he would like to meet with County Counsel and put the ordinance in final form, send out copies to the well drillers and request that they present their comments and then bring the ordinance back to theBoard for the Board's consideration. The Board members concurred with this suggestion. Matter to be placed back on the agenda for Board consideration in about six week's time. Mr. Toussaint gave a short report on the t•7ell study made on the west side of Chico. RECESS: 10:15 RECONVENED: 10:35 Page 235. January 29, 1974 January 29, 1974 74-149 AUTHORIZE REMODELING OF OLA SAFEWAY BUILDING TO GO TO BID FOR THE BUTTE COUNTY LIBRARY HEADQUARTERS Gene McFarren, County Architect, presented plans and specifications for remodeling far the Safeway building for the Butte County Library Headquarters. Supervisor Ladd has reviewed the plans and the project. Mrs. Terry, County Librarian, is in conformance with the plans. They are now ready to go to bid. Mr. McFarren said they would like to have a separate contract for the heating and cooling of the building; he feels this would be to the best interest of the County. Another separate contract would be for carpet, drapery and vertical blinds. Site work would also be a separate contract. Alternate proposals set out. Mr. McFarren said he would like Board authorization to go to bid and have the bids opened on Friday, February 22, 1974 at 2:00 o.m. in the Purchasing Department, with a report made to the Board on Tuesday, February 26th, 1974. Supervisor Ladd asked if the County ever thought of a bonus to be given if the building could be completed ahead of time. Question discussed. No action taken. On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, call for bids for the remodeling for the Safeway Building for the Butte County Library Headquarters was authorized, bids to be opened in the Purchasing Office on Friday, February 22, 1974 at 2:00 p.m., with a report to the Board to be made on Tuesday, February 25, 1974. Supervisor Gameron requested that the Board ask Lorrin Ward to give a report on the matter of the Juvenile Ha11. Clay Castleberry, Director of Public Works, reported on this stating that Mr. Ward and Don Nissen had met with the State people to discuss this matter. Mr. Ward will be bringing his plans to the Board in the near future. The plans will be presented to the two Superior Court Judges for their consideration. 74-150 DISCUSSION: APPLICATION FOR GRANT FOR LEGAL ADVISOR TO IAW ENFORCEMENT AS A CCC3 PR03ECT Clif Mickelson, Administrative Officer, stated that theDistrict Attorney was authorized to submit an application for grant for legal advisor to law enforcement as a CCCJ project. The total project cost $29,333 with $22,000 coming from federal funds, the balance of in-kind match $3,100, state buy-in $1,833 and cash match $2,400. A resolution is required by CCCJ authorizing the District Attorney to submit and execute this grant award contract. Mr. Mickelson said it was a policy decision as to whether theSoard desires to make the application. Mr. Mickelson said he has some reservations on this item; setting out his feelings in this matter. He felt the Board members should give this matter some thought. Mr. Mickelson said the District Attorney feels that this is a great program. Mr. Leach would like to hire a young attorney to fill this position. Supervisor Ladd said that the CCCJ thrust on this was for legal counsel for law enforcement. He feels that the District Attorney and County Counsel's office is tits legal counsel for the County's law Page 236. January 29, 1974 ___-- ___===_=January_29,_1974_====_--.. _-___ enforcement departments. The present application would cover a legal advasor for the counties within this region. The costs set out are for Butte County's share only; the other counties have turned down the request. Matter put over until later in the meeting to have Mr. Leach present to explain the application. Mr. Mickelson ~,ras requested to ask Mr. Leach to be present at 1:30 to discuss this matter with the Board members. 74-15I AGREEMENTS FOR LEASE AND OPERATION OF MENTAL HEALTH FACILITY: PUT OVER Dan Blackstock, County Counsel, requested that the agreements for lease and operation of Mental Health facility be put over one week. He has changes to be made in the agreements. Put over to Tuesday, February 5, 1974. 74-152 TENTATIVE MAP~ZS FOR CONSIDERATION APPROVED On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the following tentative maps presented for consideration were approved, with the conditions set out by the Planning Commission included: Zoned A-2 Ltd. Joseph Janko, AP 54-08-08 .(Portion), 4 Lots, south side of Ne~.aland Ito ad, west of Bennatt F,oad, Paradise. Surveyor: Gary Lippincott Pursuant to the requirements of Section 20.3 of the Butte County Coda, the tentative parcel map of the above nron~rty has been reviewed by the Butte County Subdivision Committee and the Planning Commission. The Punning Commission and Board of Supervisors should be advised that this parcel map is in an area that has }previously been and is in the process of being four by foured. The Subdivision Committee and Planning Commission recommends approval of the tQntative mab, which meets the sub division ordinance requirements, subject to the follpwing conditions: 1. Verify legal access and the right to use. 2. Provide traversai~le access. A Negative Environmental Impact declaration has :peen filet' c,~itii the County Clerk on December 31, 1973. The Planning Comoai.ssion, at its meeting held January 17, 197, recosmnended approval of the tentative map with condition na. 1 as stated above and changing condition no. 2 to read: 2. Improve access road to 12S-3 road standards Page 237. January 29, 1974 - _...- ~-, January 291 1974_ _ Zoned A-2 Reagan Oberdorf, 5r., AP X11-AS-08 and AP 41-49-03, 4 lots, off west side af. Cherokee Road, above Oroville. L'ngineer: ICer_dall Engineering Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel map of the above nrouerty has been reviewed by the Butte County Subdivision Committee and the Planning Commission. The Planning Commission and Boarcl of Supervisors should b~ advised that this parcel map is in an area that has previously been and is in the process of being four by fourec~. The Subdivision Committee and Planning Commission recommends approval of the tentative man, which meets the subdivision ordinance require- ments, subject to the following conditions: 1. Provide the Eiealti~ beet. with information sufficient to meet requirements of the subdivision ordinance as to the availability_ of water or_ place a statement on the .final map that there is nc evidence of domestic water. 2. Provide a 50 ft, septic tank free setback area measured from the high water line. 3. Verify a 60 ft, right-of-way and the right to use. 4. Show a 50 ft. building setback line measured from the center- line of the rig:~t-of_-way. 5. Provide traversable access. 11 Negative Environmental impact Declaration was filar, with the County Clerk on December 31, 1973. Zoned R-l Tom Nelson, AP 50-12-69, 2 lots, west side of Farber Lane, south of Dean Poad, 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 tiie Planning Commission, The Planning Commission and Board of Supervisors should be advised that this parcel map is in an area that has previously been and is in the process of being four b.~ foured. The Subdivision Committee and Planning Commission recommends approval o£ the tentative map, which meets the subdivision ordinance,-reguire- ments, subject to t'ne following conditions: Page 238. January 29, 1974 -'- _ - _ _ _ _ _ _ - _ _ ,Tanuar~ 293 1924_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1. The house on Parcel 1 co be disconnected from the septic tank on Parcel 2. 2. Provide an adequate septic tank for the hous~ on Parcel 2. 3. Verify that the subject parcel was legally created ~orior to March 4, 1972. 4. Verify the right-of-way and the right to use. A Negative Environmental Impact Declaration was filed ~,ait[~ file County Clerk on December 31, 1973. Zoned A-2 bon Pride, AP 47-25-109, 2 lots, off north side of iceefer Lane, west of Hicks Lane, Chico. Surveyor: C. W. Bachman Pursuant to the requirements of Section 20.3. of the Butte County Code, the tentativ° r~arcel map of the ,above property has been reviewed by the Butte County Subdivision Committee and the Planning Commission. The Planning Commission and Board of Supervisors should be advised that this parcel map is in an area that has previously been and is in the process of being four by foured. The Subdivision Committee and Planning Commission r=commends approval of the tentative map, subject to the following conditions: 1. Verify that the subject parcel was legally created prior to March 4, 1972. 2. 9erify legal access and the right to use A Negative Environmental zmpact Declaration was filed with the County Clerk on December 24, 1973. 74-153 DISCUSSED: ELMER E. WELLS ET AL EXTENSION OF INTERIM ZONTNG Time spent discussing the Elmer E. We11s, et al extension of interim zoning from A-2 (general) to AR-MH (agricultural-residential-mobile home) described as south of Canal Drive, east of Feathervale Drive, Oroville, containing 75 acres, more or less. Interim expires February 27, 1974. It was stated that this would be set for public hearing after the public hearing to be held this afternoon on the same area. 74-154 AUTHORIZE INSTALLATION OF [MATER PUMP, EQUIPMENT-REFUSE DISPOSAL Clay Castleberry, Director of Public [•Jorks, stated that Board approval is requested to install water pump on surplus truck for disposal site use. Tank will be salvaged from Pw scrap pile. Discussed. Page 239. January 29, 1974 _____________January 2921974==-==__-_ ____ On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the Board authorized the installation of water pump on surplus truck for disposal site use. 74-155 DISCUSSION: PROPOSED ROAD EXTENSIONS TO LASSEN AVENUE Mr. Castleberry explained the background of the possible extension of roadways to Lassen Avenue. Proposed is extension of E1Paso to Lassen; White Avenue to Lassen; also Cabrillo Avenue was proposed for extension to White Avenue. Mr. Castleberry presented the Board members with maps of these proposed extensions. He stated that people living on E1 Paso object to the extension. He said he wanted the Board to know of the concern of the residents in the area. Time spent discussing these proposed extensions. No action necessary at this time; presented for Board information only. 74-156 APPROVE REQUEST FOR URBAN IMPROVEMENT WAIVER-ORO DAM AND FIFTH AVENUE, OROVILLE George Chames, realtor-Oroville, spoke concerning the request for urban improvement waiver for a parcel of property at the intersection of Oro Dam and Fifth Avenues, Oroville. They would like to put in a mobile home sales yard and sales office. He said "The Oaks" has arranged to lease this property. He said the other businesses in the area have not been required to install curbs and gutters. His company is not proposing any permanent structures at this time. They would like to have the requirement for curbs and gutters waived. Mr. Castleberry said this property was adjacent and across the street from the City of Oroville city limits. He said that to be honest,he would have to recommend that the improvements be required. At this time, it is a policy for the Board to require curbs and gutters. Supervisor McKillop stated that he could see reason why, because of a temporary leasing time, that these conditions should be caaived. There are no other curbs and gutters on that side of the street. Request discussed. On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, the Board waived the urban improvements for the property at Oro Dam and Fifth Avenues, Oroville, as requested by George Chames, for a period not to exceed three years. AYES: Supervisors Cameron, Ladd and McKillop NOES: Supervisor Gilman and Chairman Madigan 74-157 REPORT: BRY CREEK DRAINAGE MAINTENANCE DISTRICT (PROPOSED Clay Castleberry reported on the proposed Dry Creek drainage maintenance district. He asked if two of the Board members would meet with the City of Oroville representatives to discuss this proposed district. Supervisors Ladd and McKillop will meet with them. 74-158 MATTERS PRESENTED BY PUBLIC WORKS DIRECTOR FOR BOARD INFORMATION Mr. Castleberry reported on the water tank above the California Park development. He said the tank was constructed by the developer and mould be turned over to the California Water Company. He said a use permit was not required under the guidelines that were adopted. He said a building permit was required. Discussed; no action taken. Page 240. January 29, 1974 ===-=W __==-==January=29,=1974=====-------- Mr. Castleberry reported that construction has started on the small ramp at the Old Nelson Bar site. He said he would like to have the Board take a road tour with him. He would like them to tour the Cohasset Road area. Road tour discussed. The Baard will take this Your with Mr. Castleberry on February 12th. Supervisor Gilman said he would like to discuss the weed spraying work next week. Matter placed on the agenda for Tuesday, February 5th, 1974. 74-159 DISCUSSION: ORDINANCE AMENDING AND ADDING CERTAIN PROVISIONS OF CHAPTER 20 OF THE BUTTE COUNTY CODE: PUT OVER Dan Blackstock, County Counsel, presented the proposed ordinance amending and adding certain provisions of Chapter 20 of the Butte County Code. It was stated that the Board members were interested in determining the urban area of Paradise for land divisions. He explained the letter to the Senate Committee (Real Estate Committee, which would require the Counties to regulate the 60 acre parcels. The letter is requesting clarification and they are requiring that all Counties regulate up to 60 acre parcels. Supervisor Ladd said he felt that this was not in the best interest of the County; he would hate to see them put more controls for parcels over 40 acres. He feels that this would be adding additional problems to the County's problems. Mr. Blackstock said this letter was not addressed to the County; Mr. McCabe was able to secure a copy of it-it is to the Assembly Committee. Mr. McCabe explained the procedures that would be followed in this matter. A parcel map would be required or the alternative procedure of filing a report. Supervisor Ladd said he would like to see the Board go on record as opposing this requirement.. On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, the Board went on record as being opposed to having regulations placed on parcels of 40 acres or more and that this feeling be conveyed to the State Senators and Assemblymen, both present and future, and that this Board ask CSAC to oppose this proposed requirement and that this be discussed at the Northern California Supervisors Association meeting. Ordinance put over to Tuesday, February 5th, 1974. 74-160 RESOLUTION AMENDING CERTAIN SUBDIVISION AND LAND DIVISION STANDARDS AS ESTABLISHED BY RESOLUTION 72-62: PUT OVER TO FEB. 5th Resolution amending certain subdivision and Land division standards as estahlished by Resolution 72-62 put over to Tuesday, February 5th, 1974. 74-161 ADOPT RESOLUTION 74-15 AUTHORIZING ACQUISITION OF REAI. PROPERTX BY EMINENT BOMAIN NECESSARY FOR THE CONSTRUCTION OF A COUNTY HIGHWAY KNOWN AS SKXWAY IN THE COUNTY OF BUTTE STATE OF CALTFORN7A On motion of Supervisor Gilman, seconded by Supervisor Ladd Page 241. January 29, 1974 - - - - - - - - - - - - =January-29 ,=1974 = _ _ _ _ _ _ _ _ _ _ _ _ _ and unanimously carried, Resolution 74-15 authorizing acquisition of real property by eminent domain necessary for the construction of a County Highway knocan as Skyway in the County of Butte, State of California was adopted and theChairman was authorized to sign. 74-I62 RE.7ECT CLAIM FOR-REIMBURSEMENT BY ROGER CONKRIGHT FOR DAMAGE TO AIRPLANE WHILE ENGAGED IN SEARCH AND RESCUE OPERATION Mr. Blackstoclc explained the claim of Roger Conkright. t-Ie s:aa,d when the claim was first presented, he tried to see if there was a way that the insurance company could affect a settlement. He set out the background of the claim. He said the reason far the crash was not related to the search; the throttle on the plane jammed. Mr. Blackstoclc said he would see no way that this claim could be paid. He recommended that the claim be rejected. Recommendation discussed. On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, the claim for reimbursement by Roger Conkright for damage to airplane while engaged in search and rescue operation in the amount of $2,600 was rejected and referred to County Counsel. 74-163 REPORT ON ASSEMBLYMAN BOND'S PROPOSAL FOR A REAPPORTIONMENT COMMISSION Dan Blackstock, County Counsel, reported on Assemblyman Bond's proposal for a reapportionment Commissions he explained the details of the proposal. Supervisor Ladd stated that as this bill is proposed, he hoped that this Board would be opposed to it. Bill discussed. It was moved by Supervisor Ladd and seconded by Supervisor McKillop that this Board oppose Assemblyman Bond's proposal and that County Counsel write a letter to be signed by the Chairman setting out the Board's opposition. Mr. Blackstock stated that there is an initiative being considered. Matter discussed. Motion withdrawn; the Board will rely on the initiative. RECESS: 12:00 RECONVENED: 1:30 74-164 DISCUSSION: APPLICATION FOR GRANT FOR LEGAL ADVISOR TO LAW ENFORCEMENT Ken Leach, District Attorney, appeared to explain the application for grant for legal advisor to law enforcement as a CCCJ project. The Board members were interested in the justificatim of this program and what happens when the funding runs out at the end of the program. Mr. Leach said they hope that they will know at the end of one year whether the program is beneficial. He said that perhaps the justification is stated better in the program itself. He said this matter was actually initiated by the Sheriff and the Chiefs of Police in the County. He said the only reason that he has been designated project director was that it was decided he would be the only logical person to handle this program. He explained the purpose of the program. Mr. Leach stated that the person that would handle this position Page 242. 3anuary 29, 1974 Sanuary_29,_1974 would devote all his time exclusively in training the law enforcement personnel in the ability to apprehend and secure evidence. He said it is distressing to find that you have a guilty person and cannot prosecute him because you have a faulty confession. He said it appears that this program is being proclaimed as a fairly successful way to improve law enforcement. Mr. Leach explained why this person was needed in Butte County. Program discussed. Police officers discussed. It was stated that the police officers have had a lot of training. It was asked how long it would take to train a man to give advice that is better than that of these trained law enforcement officers. Mr. Leach said he felt they should be allowed to hire an attorney I; he feels that a good law school graduate could do a good job in a couple of months. Costs of the program discussed. Mr. Cas~grande felt that the figures set out in the resolution and application were correct. The Board felt there should be some clarification from the Auditor. The corrected figures will be presented next week. Matter put over to Tuesday, February 5th, 1974. RECESS: The Board recessed at 2:25 to go into an executive session RECONVENED: The Board reconvened at 2:40 following an executive session. 74-165 PUBLIC HEARING: W. B. STYLES-USE PERMIT TO ALLOW MODIFICATION AND EXPANSION OF NON-CONFORMING USE, A MOBILE HOME PARK, ON PROPERTY ZONED A-R, PARADISE The public hearing on the W. B. Styles appeal of the use permit to allow modification and expansion of non-conforming use, a mobile home park, on property zoned A-R, Paradise, was held as advertised. Jim Lawson, Planning Director, summarized the actions of the Planning Commission in this matter. He explained the opposition that was expressed at the Planning Commission meeting. The Planning Commission denied the application and Mr. Styles appealed their decision, It was felt that if the applicant had spoke concerning the placing of a buffer zone the use might have been more acceptable. Mr. Styles met with the Planning staff and submitted a plan that showed a buffer area. Hearing opened to the public. Appearing: 1. Dr. Albert Beck, Chico, representing Mr. Styles. He stated that the past files in the Planning Office have been lost. He explained the request for expanding this park. The objections expressed at the planning meeting concerned a buffer zone. Mr. Styles has now planned to put in a 50' buffer zone; he plans to plant natural Monterey pines. If the use permit is granted he will plant the trees. 2. Mr. John Luvaas, Chico-attorney at law, representing Mr. Styles. He explained the prior opposition that was expressed concerning the expansion of the mobile park. Mr. Styles is really only requesting an up-dated use permit. Originally in 1955 50 spaces were approved. The records do not show the number of spaces that were allowed. 3. Mr. W. B. Stiles, owner of the park. He explained the Page 243. January 29, 1974 January_29,_1974 background of this request. Mr. Styles attempted to justify his request. Hearing closed to the public and confined to the Board. Time spent discussing the request and the opposition that was expressed at Che Planning Commission hearings. Supervisor Cameron question Mr. Styles about sending the matter back to the Planning Commission so that they could study the matter of putting in the 50' buffer zone. Mr. Lawson said the Planning Commission could reconsider this at their meeting Thursday night. On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the W. B. Styles use permit to allow modification and expansion of non-conforming use was referred back to Che Planning Commission to study the new evidence presented at this meeting by the applicant, to be studied at the Planning Commission meeting Thursday night, January 31, 1974, and to be placed back on the agenda for Tuesday, February 5, 1974. 74-166 PUBLIC HEARING: PROPOSED AMENDMENT TO THE LAND USE ELEMENT-GRAZING AND OPEN SPACE The public hearing on the proposed amendment to the land use element-grazing and open space was held as advertised. Mr. Lawson summarized the actions of the Planning Commission in this matter. The planning commission said that rather than to make a hasty recommendation, they would prefer to proceed with studying those areas referred to as grazing-open land. They recomad that the proposed amendment to the land use element-grazing and open space not be approved at this time. Hearing opened to the public at this time. Appearing: 1. Dorothy Paradis, Oroville. She asked Mr. Lawson to be more specific in the areas of which he was speaking. Mr. Lawson said the proposed amendment would not change the use of her land as to the dividing o£ her parcel of land. She said she believes that she should be able to do with her land anything that is not injurious to her neighbors.. 2. James Hansen, Oroville. He spoke concerning the General Plan. He challenged the law that states that a General Plan be required for open space. Neil McCabe, deputy county counsel, stated that a code does exist and he could give the Board members a copy of this law. County Counsel was requested to respondin writing to Mr. Hansen's request. County Counsel will send a copy of the section to Mr. Hansen. Hearing closed to the public and confined to theBoard. Supervisor Ladd felt that most of the people of the County are confused concerning the open space land requirements. Grazing and open space land discussed. On motion of Sdpervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the Board concurred with the Planning Commission not to amend the General Plan and to continue with an in-depth study of the plan. Page 244. January 29, 1974 _ _ _ _ _ _ _ _ = W = _ =Jauuary_29 ,_1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ 74-167 PUBLIC HEARING: WESTERN HILLS REALTORS, PARADISE-MR. & MRS. LUM FILE APPEAL OF PLANNING COMMISSION's NEGATIVE DECLARATION OF ENVIRONMENT$L IMPACT REPORT The public hearing on the Western Hi11s Realtors, Paradise, appeal by Mr. and Mrs. Lum of Planning Commission's negative declaration of environmental impact report was held as advertised. Jim Lawson set out the background of the matter. A letter has been filed by the party asking for the appeal and they are withdrawing the appeal. Mr. Lawson said this has been discussed with the cemetery district. In order to use the land in question, a use permit will have to be secured. Aland division map caill also have to be filed. It was requested that the Planning Department be instructed to prepare the environmental impact for these two issues. All the data will be supplied to the Planning Director by the Realtors and the cemetery district. Mr. Lawson said his concern was that he does not have the staff to prepare these reports. He does not have the time to prepare them himself; he is having trouble keeping up with the R.I.R. load. E.I.R. impact discussed. On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, the Planning Department was requested to write the E.I.R.s in the above matter. 74-16$ PUBLIC HEARING: ELMER E. WELLS: REZONE FROM A-2 TO "AR-MH" FOR ARFA DESCRIBED AS SOUTH OF CANAL DRIVE EAST OF FEATHERVALR DRIVE~_OROVILLE The public hearing on the Elmer E. We11s rezone from A~2 to "AR-MH" far area described as south of Canal Drive, east of Feathervale Drive, Oroville, was held as advertised. Mr. Lawson set out the back- ground of this matter; he said the Planning Commission recommended on a 9~0 vote for the rezoning. Mr. Lawson said Pte does not recall any opposition expressed at the Planning meetings. Hearing opened to the public at this time. Appearing: Mr. Elmer Wells, Oroville. He said they were trying to limit the commercial livestock in the area. 2. Mr. Mylar. He stated he had circulated the petition and filed it with the Planning Commission. They do not want commercial raising of hogs in this area. 3. Harold Hand, Woodleaf Star Route. His property adjoins the property that has the hogs being raised on it, and he has opposed the raising of these hogs in this area. 4. Mr. Rudy Hansen. He also opposes the hogs being raised in this residential area. Hearing closed to the public and confined to the Board. On motion of Supervisor Ladd, seconded by Supervisor Cameron and unanimously carried, the first reading of the ordinance was waived, and the Board concurred with the recommendation of the Planning Commission and approved the rezoning of this area; second reading of the proposed ordinance approving the rezonia$ to be placed back on the agenda for Tuesday, February 5, 1974. Page 245. January 29, 1974 _______=_=January29z 1974-====---------- A public hearing was set for February i9th, 1974 at 2:00 p.m. on the Elmer E. Wells, et al extension of interim zoning from A-2 (general} to AR-MH (agricultural-residential-mobile home) for property south of Canal Drive, east of Feathervale Drive, Oroville. 74-169 PUBLIC HEARING: PLANNING COMMISSION INITIATEA-PROPOSED AMENDMENT TO ORDINANCE ~~1002-ZONING DEFINITIONS TO INCLUDE "AGRICULTURAL EMPLOYEE" The public hearing on the Planning Commission initiated proposed amendment to Ordinance ~~1002, zoning definitions to include "agricultural employee" was held as advertised. Mr. Lawson summarized the action o£ the Planning Commission regarding this matter. Planning Commission has used the State guidelines for this definition. He said that hopefully this will exclude the college students from the definition. Definition discussed. Hearing opened to the public. favor. Appearing: no one appeared in opposition. No one appeared in Hearing closed to the public and confined to the Board. Supervisor McKillop said he would like to continue this hearing to obtain Supervisor Gilman's in-put in the matter. Supervisor Ladd requested County Counsel and/or Planning Director to have some alternatives put in the ordinance. He said that with the scarcity of food and costs going up, there are some areas that need some consideration. Alternatives discussed. Hearing continued to February 19, 1974. 74-170 PUBLIC HEARING: PLANNING COMMISSION INITIATED: PROPOSED AMENDMENT TO ORDINANCE 4k475, SECTION 13, REGULATING NONCONFORMING USES AND REPEALING ORDINANCE ~k1076 The public hearing on Planning Commission initiated proposed amendment to Ordinance #475, Section 13, regulating non-conforming uses and repealing Ordinance ~~1076 was held as advertised. Mr. Lawson summarized the background o£ this matter, explainieg the problems involved. He said that non-conforming uses are usually terminated and cannot be enlarged unless it has been partially destroyed. He explained the proposed amendment. Hearing opened to the public. Appearing: I. Mrs. Harris. She said this would hit the Styles and their request before the Board aC this time. Hearing closed to Che public and confined to the Board. Supervisor Cameron question Mr. Lawson about sections of the ordinance. Mr. Lawson explained the matter of a building being destroyed and whether it could be replaced. Time spent discussing the replacing of non-conforming uses. r1r. Lawson said this proposed ordinance before the Board at this time does not make any changes in the replacing of any non-conforming uses; it would relate to the expansion of non-conforming uses. Page 246. January 29, 1974 i'. January_29,_1974 Supervisor Ladd felt that Mrs. Harris had bfought up a good point. He set out his feelings concerning the zoning of areas after money had been deposited to purchase property. Non-conforming uses discussed. Ordinance Ne. 1076 allowed the expanding of a non-conforming use. It was moved by Supervisor Ladd that the Board do not concur with the Planning Commission and not adopt the proposed amendment to Ordinance ~k475, Section 13, regulating non-conforming uses and repealing Ordinance ~k1076. Motion died for lack of a second. Supervisor Cameron said he would like to have this item put over so he could study it more. Hearing continued to February 5th, 1974, 74-171 ADOPT RESOLUTION 74-16 IN MEMORY OF DOUGLAS CARTER STEVENS Supervisor Cameron said he was sure that all the Board members were aware of the loss of Douglas Carter Stevens, who was a member of the Butte County Sheriffs Department for 18 years, and his wife in an automobile accident Friday night. He would like to have this meeting adjourned in memory of Deputy Stevens. On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, Resolution 74-16 in memory of Douglas Carter Stevens was adopted and the Chairman was authorized to sign. 74-172 WM. LAWRENCE APPOINTED CONTROLLER, IN CONJUNCTION WZTH HI5 APPOINTMENT AS COUNTY AUDITOR On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, William Lawrence was appointed Controller, in conjunction with his appointment as County Auditor. ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 5:00 in memory of Beputy Douglas Carter Stevens, to reconvene on Tuesday, February 5, 1974 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK ~y: C rman`of Page 247. January 29, 1974