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HomeMy WebLinkAboutM020673February 6, 1973 STAGE OF CALIFORNIA ) SS, COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m° pursuant to adjournment. Present: Supervisors Cameron, Gilman, Ladd, Madigan and Chairman McKi,llop° Clif Nickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk INVOCATION: Rev° Ray Singer, Bethany Bible Foursquare Church, Pledge of allegiance to the Flag of the United States of America 73-169 APPROVAL OF MINUTES On motion of Supervisor Madigan, seconded by Supervisor Cameron and unanimously carried, the minutes of January 30, 1973 were approved as mailede 73-170 COMMUNICATIONS C° Vin and Margaret B° White, Oroville° The Whites write in support of ~~ ~ C1 instituting a school at Juvenile Hall. To be discussed later its the meeting. Mr, and Mrs, Alfred 211gen, Paradise. The Illgens live on "Bi11e Road Extension" / ~ z O ~ a private,•.octe lane, dead end road, They complain of the use of this '7 road by other residents causing it to be in a very bad condition, Mr, Castleberry has discussed this matter with the Illgens° No action taken. William D. Kalberer, Chicoa Mr° Kalberer sends copy of his letter to Director of Public Works, regarding drainage and flooding problems at his hime ~~ Z '~ on Manzanita Avenue, Mao Castleberry explained this situation. There are drainage problems here. No action taken at this time, Harry Jenkins, Ghico. Mr. Jenkins is purchasing a five acre parcel of land on Hamilton-Nord-Cana Highway and has been informed by Public Works that ll 3 ~ ~i he might have to survey a total of 110 acres in order to purchase ! this parcel. He asks that the Board grant him an exception from that requirement. Mr. Castleberry will study this matter and will report back to the Board, Mas. Marian Trlpjcik, Feather Falls, Mrs, Wojcik writes regarding the recall ,,ll election in the Feather Falls School District and encloses correspondence l ~ ~,~ U in regard to it° Referred to Tom Evans, Supt° of Schools. Louisiana-Pacific Corporation, Ukiah, The Company requests the County to abandon the southerly 50 feet of Land~Avenue near their wood processing C~ t/[-{,d v complex immediately south of Oroville, This would facilitate their construction of a new spur railroad track for the -fiberboard plant, Mre Castleberry reported on this matter, Mr, Castleberry will follow through°, Retired Public Employees' Association of California. Mrs. Vivian Schierenberg, president Chapter ~~39, Retired Public Employees' Association, writes S regarding SB 135 which grants state retirees a 5°/ increase in their ?j ~ allowances. The bill also provides that other public agencies may give this 5% increase if the employer elects to do so, They request consideration from the Board of Supervisors in amending the PERS contract to provide for this increase, Request discussed, Mr, Nickelson will have the necessary amendment prepared, ', Page 24, February 6, 1973 February 6, 1973 Paradise Chamber of Commerce, The Chamber writes that the informational .:,~ b 3 ~ ~ meeting to be held on February 5 at the Paradise High School will be held in the cafeteria rather than Room 22 as previously announced. Supervisor Cameron gave a short resume of the meetingo No action taken. County] upervisors Association of California. Jack Merelman, executive director, 5 requests review of CSAC directors and advise as to whether Butte p O<~ County will make any changese Di_scuss~~d. See motion following communications. State Public Utilities Commissions The Commission sends notification of ~c~appearance and opposition which will be made regarding Hughes Aixwest Q ~~ application for increase in intrastate passenger fares, Infox:nation only. United States Department of Agriculture, Lloyd R. Britton, forest supervisor, ~ Plumes National Forest, writes regarding the French Creek Road which (~C, 7i ~~ is predominantly through National Forest land, They have asked the County to consider turning the road over to the Forest Service. Mr. Castleberry said he has talked to Mre Turpin and Mr. $umguard; they have information on who this road serves at the present time, Mr. Castleberry said that in the best interest of his maintenance force, he would like the Board to concur with this request. Mr. Turpin present and explained the request. He said they would like to control the traffic over this road during the winter months. They would close the road wgen it is soft and wet. It was stated that this road could not be abandoned because other private property has access to it. They would be working under an agreement where they would be responsible for the road. Request discussed. County Counsel was requested to research the matter and will determine if there could be a joint agreement for the control of this road, Petition. A petition was filed requesting that the Department of Public Works do snow plowing to keep the road open from Stirling City to Inskipo .i'2 a Request discussed, They are requesting that the road be snow plowed L~`f ~ on weekends when necessaryo Supervisor Cameron said he would suggest that the County do keep the road open on weekendse Mro Castleberry explained the work involvedo Other areas would, also, like to have their roads kept open on weekendse Tt was the feeling of the Board that this request would not be approvedo Mr, Castleberry will discuss this matter further with Supervisor Camerono No action taken at this time.. Don Maxon. He writes concerning the relinquishment of Lime Saddle to the State. S ~ ~ ~ ~ He would like to have the Mate retain this area as a Memorial Park for the Veterans, Leger read and discussed. Mr. Castleberry will handle this requesto J. W, Brozo & wife. Calling the Board's attention to a water problem in the '1 ~ 2000 and 2100 b7~ck of Myers between A & B Streetso Read and discussed, 7 ~b'4 Referred to Public Works. Aaron So Yerzy, Request that the Board remove the requirement of sidewalks from his project at 8th Avenue and the Esplanade, Mre Castleberry explained ~~ ~ ,d ~ this item, He feels that the sidewalks are desirable in this area. Situation discussed. A decision was made last week concerning this matter. no action taken at this timed James Hanseny Oroville Arm of the National Association to Keep & Sear Arms, ~ 7/f~e writes concerning the revisions to the County Charter, Read and / b ~' discussed. No action taken. Mathew Ea Marsh. This concerns the Ambulance Agreements. Read and discussed, Chairman McKillop said the operators do have a problem. Problem discussed, ~,b ~ Supervisur Madigan suggested that another meeting be held with the Page 250 February 6, 1973 February 6, 1973 operators, and include Mr, Marsh, Mr. Nickelson said he would try to arrange a meeting with these operat9x's and Mr, Marsh, also the ambulance committee, Supervisors Madigan and Gilman will serve on this committee, A report will be brought back to the Board concerning this matter, No action taken at this time. 73-171 APPOINTMENT OF SUPERVISOR GTLl+iSN AS ALTERNATE DIRECTOR TO CSAC On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, Supervisor Gilman was appointed as the alternate director to County Supervisors Association of California. 73-172 CONCUR WITH REQUEST OF BIGGS-GRIDLEY COMMUNITY CEMETERY DISTRICT FOR REMOVAL OF NUMBER OF TREES On motinn of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, the Board concurred with the request for a minimum number of trees by the Biggs-Gridley Cemetery, for the construction of a safety project Ieft-turn Iane. X73-173 ADOPT RESOLUTION 73-23 RE SUMMARY ABANDONMENT FOR A PORTION 0 GALIA-NIMSHEW ROAD On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, Resolution 73-23 for the summary abandonment of a portion of the Magalia-Nimshew Road was adopted and the Chairman was authorized to sign. 73-174 APPROVE RIGHT OF WAY ACQUISITION-AGREEMENTS FOR SALE On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following right of way acquisition-agreements for sale were approved, the Chairman was authorized to sign and the Auditor was authorized to issue warrants upon demand of County's escrow agent: Skyway 51261-71-1 Safeway Stores .014 acre $613 Pentz Rd, 43431-61-1 Chico Moulding Co, .034 acre $ 52 73-175 APPROVE PHILBROOK ROAD FUND TRANSFER The cooperative project between the County and the U.S. Forest Service has been completed. In addition to the U. S. Forest Service's share of $10,000, $3,452,78 is needed for County's share of this cooperative project. Transfer of funds discussed. On motion of Supervisor Madigan, seconded',by Supervisor Gilman and unanimously carried, transfer of $3,452,78 from Road Reserve fund to the Philbrook Road project was approved. 73-176 AUTHORIZE PURCHASE OF MICROFILM STORAGE CABINET On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, purchase of microfilm storage cabinet, at a cost of $264, for records of Mapping and Buildings and Subdivision was authorized. RECESS: 10:15 REGONVENED: 10:30 73-177 STATUS REPORT ON ACTIVITIES OF AREA PLANNING COMMITTEE Mr, Hogan Mathews, Chico, gave a status report on activities of the Area Planning Committee, Mr, Mathews set out the background of the committee. He said at the time the committee was formed they did not know where they were Page 26. February 6, 1973 ________ _________Februar~b,=173=_____-__ __ __ going or what they were to doo He thanked the Administrative Office and the Planning Department for all their help, He said the recommendation of the Committee was that an Area Planning Commission be established. Boundary of the area explained. He said they have done to date all that they can do. They need professional help at this time, They feel that a professional planning organization should be hired to help them. He said that the plan presented by Duncan & Jones would be the most feasibleo The plan is set forth in the report presented by Mr,Mathews. A fee of $15,000 would be charged by the firm for this planning work. $7,500 is requested from the County in this matter. Mr. Hogan stated that this report would be filed with the City of Chico and discussed at their meeting this eveningo They will be requested to contribute to the plan, Request discussed, Matter continued to Tuesday, February l3, 1973 for Board's consideration of this requesto No action taken at this time, ~73-178 ADOPT RESOI.UTI~N 73-24 CONCERNING LIME SADDLE RECREATION AREA Dan Blackstock, County Counsel, stated he talked to John Hightower yesterday, The State would like to have theCounty waive the 60 day notice; they would like to take over Lime Saddle Recreation Area an March lst. Mr. Blackstock said he submitted this request for the Board's consideration, Resolution read and discussed, Supervisor Cameron brought up the matter of the request set out in Don Maxon's letter, He urged the Board to request that the Park be kept as a Memorial Park. A cover letter attached to the Resolution will handle this request, On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, Resolution 73-24 concerning Lime Saddle Recreation Area was adogted, the Chairman was authorized to sign, and that the 60 day time for notice be waived, with the State taking over the area on March 1, 1973, assuming that all conditions of the operating agreement are met. 73-179 REJECT CLAIM OF BETTY JEAN SICKELS On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the claim of Betty Jean Sickels in the amount of $300,000 general damages was rejected and referred to County Counsel, 73-180 RE UEST AUTHORIZATION FOR REIMBURSEMENT OF OWNER FOR LOST EVIDENGE Action on the request of County Clerk for reimbursement to owner for lost evidence was put over g1`4£ week, //3-181 ADOPT RESOLUTION 73-25 AWARDIATG SALE OF REAL PROPERTY On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, Resolution 73-25 awarding sale of real property at total purchase price of $400 to Ronald R. Conte and Joyce E. Conte was adopted and the Chairman was authorized to sign the deed, 73-182 A~bE_.~MENT WITH DEPARTMENT OF VETERANS AFFAIRS: TAKEN OFF AGENDA AT THIS TIME The agreement with Department of Veterans Affairs was taken off the agenda at this time. 73-183 COUNTY ADMINISTRATIVE OFFICER`S ITEMS APPROVED On ntot--ion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following items of Administrative Officer were acted upon as set out for each item: 1, Approved agreement with Municipal Code Corporation was approved and the Chairman was authorized to sign. Page 27. February 6, 1973 ____-___~__-====-February 6,=1973=====-------- 2. Authorized the extension of bid opening date for microfilm reader/printer to February 7 with report and recommendation on February 13. 3. Awarded bid $75-73 for five - two-way radiotelephones for Public Works to General Electric Company, mobile radio department, in the amount of $3,213. 4. Authorized call for bids £or firetruck cab and chassis, to be opened on Larch 6 in the Purchasing Office with report to the Board on March 13. 5o Authorized call for bids for nine heavy duty electric typewriters to be opened in the Purchasing Office on February 21, 1973 with report to the Board on February 27. 6o Approved the application fox dance licenses for the Acapulco Soft Ba11 Club fox a dance to be held at the Silver Dollar Fair Ground, Chico on Sunday, February 11; fee to be paid; application has been approved by Sheriff, 7. Approved the dance license application of Comite Mexicano de .Beneficencia for a dance at the Fair Grounds, Chico, to be held February 24, 1973. Fee paid; application has been approved by the Sheriffs 73-184 BUDGET TRANSFERS .APPROVED On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, the following budget transfers were approved: 8-69 Health Department - $99,177, which sets up the Family Health Services grant for calendar year 1973, .$70,000 comes from Federal aid-family health,- services with $25,687 from grant matching requirements in the County and $3,490 r'~ in in-kind contributions from outside, B-70 Auditor-Controller - Establishes appropriation for the Phillbrook Road project in the amount of $13,452,78. $10,000 of this amount comes from unanticipated revenue - federal aid other - forest roads and $3,452.78 comes from the road reserve. 8-71 Auditor-Controller/Public Works - This sets up appropriations for the microfilming program in Public Works Mapping and Building and Subdivisions Departments, with $1,250 in Mapping and $3,250 in Building and Subdivisions, In the Mapping budget $500 is being transferred from office expense and $750 from equipment to make up the $1,2500 In Building and Subdivisions $1,450 is transferred from equipment and $1,800 is set up from unanticipated revenues increased fees for service. 73-185 APPOINTMENT OF MEMBERS OF PARADISE MERCHANTS ASSOCIATION A5 ADVISORY COMMITTEE TO COUNTY SERVICE AREA N0. 13 On motion of Supervisor Cameron, seconded by Supervisor Ladd and unanimously carried, the following members of the Paradise Merchants Association were appointed as the advisory committee to County Service Area No. 13: Dale Reed, Bob Lemke, Elmer Wat°rman and Art Welcho 73-186 APPEARANCE OF AARON YERZY Mr. Aaron Yerzy, Chico, appeared to discuss the matter of permits for his development in Chico. He said he thinks he can prove that permits are not needed. ,7im Lawson, Planning Director, stated that Mr. Yerzy did not need a use Page 28, February 6, 1973 February 6,_1973 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - permit but that he does need an encroachment permite Mr, Yerzy felt he did not need the encroachment permit as he has been using this place since last September, Mr, Xerzy said he would put in the curbs and gutters but that he is again requesting that the sidewalks be deleted from the conditions, Request discussed, Supervisor Gilman said the letter indicated that at such time as the rest of Mr, Xerzy's neighbors put in sidewalks, he would be willing to put them in, Mr, Yerzy set out his plan; he said he would be willing to post a bond for the purpose of constructing sidewalks. Mro Castleberry said that if Mr. Yerzy would give some guarantee that he would put in the sidewalk when the rest of the block puts them in, Public Works could live with the plans as set out by Mr. Yerzy, It was moved by Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, that Mr. Yerzy be allowed to put in curbs and gutters, with an agreement to utilize black top for the sidewalk area at this time, with a guarantee that when the rest of this block puts in sidewalks, he will put in sidewalks, also. 73-187 APPEARANCE OF MR. ROBERT_DUFFY: OWNER OF TNSKIF INN Mro Robert Duffy, owner of the Inskip Inn, spoke to the matter of snow removal to Inskip on the weekends, He explained his request, He said the Supervisor for that area had assured him that if he would keep the Inn open regularly in the winter, the County would keep the road open to Inskipo This assurance had been given by Supervisor Don Maxon, former Supervisor for that area, Mr, Castleberry said a decision had been made by this Board concerning whether the road should be snow plowed during weekends, *1r. Castleberry indicated he would do this snow plowing if the Board requested, by he indicated that there are other areas that have been requesting snow plowing on the week ends. Mr, Duffy stated that these other areas do not have the facilities for snow recreation. Time spent discussing this request for snow plowing. It was moved by Supervisor Cameron that the Inskip Road be kept opened on the week ends, with a limited amount of snow clearance. Motion died for lack of a second. Supervisor Cameron will meet with Mro Castleberry this week and they will report back next week on this matters 73-188 APPEARANCE OF MRS'o HELEN HILKE PARADISE Mrs, Helen Hilke, Paradise, read a letter from the Paradise Civic Betterment Association concerning the placing of mobile homes on individual lots. Chairman McKillop informed Mrs. Hilke that this matter would be discussed at the meeting to be held tomorrow morning with the Planning Commission. Letter rresented to the Board for reading at the meeting tomorrow. 73-189 APPEAPV~NCE: MRS' ,TAMES BESfi PARADTSE Mrs, James Best, Pa~:adise, also had a letter concerning the placing of mobile homes on individual lots. Chairman McKillop explained how this matter was to be handled, Mrs, Best requested that she be allowed to read this letter at the meeting tomorrow morning. Chairman McKillop granted the request. Page 29. February 6, 1973 February 6,_1973 73-190 APPEARANCE: MR. JAMES HANSEN, OROVTLLE Mr. James Hansen, Oroville, said the people should have the right to counter-attack any act of the Supervisors. He said this concerns the road down to the French Creek basin. He said this is a mining area; by giving this road to the Forest Service, he-feels that they will destroy the road. He does not feel that the County should give this road to the Division of Forestry; he feels that the people would be losing another of their rights, Matter discussed; no action taken at this time. 73-191 APPEARANCE OF MRS ELSIE HANNON GRIDLEY Mrs. Elsie Hannon, Gridley, explained her problem of desiring to place a trailer she purchased on hex parents property so she can take care of her elderly folks. She said she would appreciate all that the Board can do for her. 73-192 APPEARANCE OF CLAUDE L. WTLLTS, FOREST RANCH-LAND ATVTSTONS AND FTSH & GAME MANAGEMENT FOR FOREST RANCH Mr. Claude Lo Willis, Forest Ranch, said he had had a conversation with Supervisor Gilman and he was requested to make some comments on the lands that are being divided in the Forest Ranch area. Mr, Willis said that due to the fact that financing has become a problem, there has not b°_en much development in that area. The water problem has also hampered developmento Mr, Willis said that watex districts should be formed in the area, or water would have~to be brought in from the outside. S;ipervisor Gilman said he felt that Mro Willis had covered the area of land divisions in the Forest Ranch areao Mro Willis commented on the Fish & Game Management in the Forest Ranch area. He said that the population in this County has grown and the game law enforcement has increased, He said that in view of the vast increase in the population of the County, the area merits more coverage by the Fish & Game Department. He said the deer population is decreasing rapidly; there are few deer lefto He does not believe that dogs should be allowed to pursue games He believes there should be some restrictions on the handling of juveniles regarding hunting. He believes that the youngsters should be chaperoned for a period of time; these young people need more experience before they are turned loose by themselves. A person like himself could teach these young people quite a bit about hunting. Mr. Willis said that another thing that should be looked into are the hunting hours. Another .practice that should be examined-people construct blinds along the roads and are then forced to shoot across the roads. Supervisor Gilman said that all these things go back to Fish & Game enforcement, He said that there was not enough money to handle all these problems. Chairman McKillop thanked Mr, Willis for his presentation. RECESS: 12:15 RECONVENED: 1:30 73-193 PRESE~TTA'TION OF PRELIMIVARY DATA P~.OCESSING ANALYSTS REPORT Mro Jim Rowan, the data processing consultant, presented his preliminary data processing analysis report at this time. Mr, Rowan read the report aloud at this time so the people in the audience would have a knowledge of what the report contained. Mr. Rowan urged the purchase of new equipment. The present equipment has reached the saturation point. Several conferences Page 30, February 6, 1973 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Februar~z b,=1373 = _ _ _ _ _ _ _ - _ _ _ _ _ conferences have been held with the vendors, Long and exacting discussions have been held. Mr. Rowan set out what should be cansidered and what needs attention. He set out the matter of the contract between RCA and the County. The County must sent a letter of intent within 60 days of the cancellation of the. agreements Mro Rowan said it was hoped that the Board would give their decision as soon as possible, Supervisor Madigan commented on the reporto He said they had a meeting yesterday. He feels that the various representatives were satisfied with this report and that they would like the implementation of the recommendations as soon as possible, Clef Nickelson, Administrative Officer, stated that they have considered moving the data processing machines over to the Probation Department and move the Probation Department upstairs into one of the Court rooms. The personnel occupying rented space across the stxeet would be moved up to Courtroom A. Time schedule set outs Mro Hindery stated that the ItCA contract is cancelable on a fiscal year basis. He feels that the new equipment should be installed by April lst. He said he would do what the Board desires but they feel that it would be better to do a parallel operation. Both systems would be here for a period of three months. Mr, Hindery said this would make for a better and' easier conversion. He said they were not ready to make a recouunendation at this time, He said he did not think (here would be a parallel cost. Supervisor Madigan felt it would be better if they could cut the installation time down to 60 days. Time spent discussing the report and the recommendation for purchase of new equipment. It was stated that the decision did not have to be made today; it should be made within the next few weeks. The Board could consider the request and place the matter back on the agenda next week, Supervisor Gilman said he hoped that Mr. Hindery would remind the vendors that the first one that goes to him with their sales talk, he will vote against their program. Mr, Hindery said the County would be getting new equipment without an increase in costs, This will be a lease agreement. Mr. Hindery will send the figures out Friday on costs for the new equipment. Matter placed back on the agenda for Tuesday, February 13, 19730 Mr. Nickelson will handle the problem of the space requirements. 73-194 DISCUSSION: REDESIGN OF COUNTY OFFICE SPACE Nr. Gene McFarren, architect, reported on the cost estimates for the redesign of County office space. The preliminary estimate for remodeling the Law Library for County Counsel set out; this figure does not include the furniture for the offices, Discussed floor coverings for the rooms. It was stated that the floor covering on the floor at present could be used in the highly t:~.+.fficked areaso Aan Blackstock, County Counsel, feels that it would be much cheaper to maintain carpet. In the attorney's offices, the floors will be carpetedo clr. ;~xcFarren said the plans could be prepared within two weeks. Supervisor Ladd was requested to meet with Mr, NcFarren and go over the cost analysis and bring back a recommendation. A date will be set next Tuesday for bid opening. Matter referred to Supervisor Ladd for a recommendation next Tuesday, Plans and bid opening date discussion to be placed on agenda for February 20th. Page 31. February 6, 1973 -----------------February 6,_1973 73-195 OFFER OF SERVICES BY GENE MG FARREN ON ENVIRONMENTAL IMPACT GUIDELINES Mr. Gene McFarren, Ghico, offered to participate in the preparation of the Environmental-Impact Guidelines. Chairman McKillop thanked Mr, McFarren for this offer. No action takeno 73-195 DISCUSSION ON SCHOOL FOR JUVENILE HALL COUNTY TO TNTTIATE SCHOOL AT JUVENILE HALL: EFFECTIVE JULY 1,_I973 Tom Evans, Supt, of Schools, present to discuss the school for Juvenile Hall. Chairman McKillop asked Mr, Evans that if the Board were to grant fiscal independence to the schools, would this school be under him. Mr. Evans said the school would still be under the Board of Supervisors. The Government Code decrees that the Board would establish the school and approve the budget, Time spent discussing the establishment of the school. This subject had been deferred at Supervisor Gilman's request, Supervisor Gilman said he has not changed his mind about the matter; he is not against the school but he feels that the concept of financing is wrong, He feels that the school should be provided by the school districts, Mre Evans said that juveniles are considered to be the responsibility of the Countyo On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, the County will establish a school at Juvenile Hall, effective July 1, 1973. Chairman McKillop stated he would like the Board to consider fiscal independence for the schools during budget study time, 73-196 TENTATIVE PARCEL MAP: CONRAD KRAMPFERT: CONTINUED ONE WEEK Consideration of the tentative parcel map of Conrad Krampfert continued one week. 73-197 DISCUSSION: LAND DIVISION POLICY Jim Lawson, Planning Director, presented the land division policy for discussion, He said this is something that is coming up more and mores Everyone knows that there is a 4 x 4 syndrome that has been in existence for a long time, He said to ignore this from a staff standpoint, makes them uneasy, He said they were asking for some direction from the Board. He asked if the Board wanted them to treat these matters routinely when there are facts that the real estate act is being violated. He set out an example that is quite obviouso He set out some copies of parcels and the splits involved, Mr, Lawson read the section of the Attorney General's Opinion that bothers the Planning staff. They would like to know how the staf€ should treat these matters. Should they refer them to County Counsel or should they process them routinelyo Mr, Lawson said a violation of the Map act is a felony. Mr, Castleber•y said some of these appear to be more than a coincidence. Sua~~.~:viser Gilman said he felt this Board has a responsibility to all the :•_esidents in theCounty. If the 4 x 4 method is used, there is no way that the ount:y can be assured of curbs, gutters and sidewalks, Time spent discussing the situation and the direction that the County should go, Supervisor Madigan felt that the District Attorney in conjunction with the Real Estate Board could study these matterso It was felt that the County needs some orderly developments Dan Blackstock, County -' Counsel, said that although Public Works and Planning have t~e~~,o.~73 Page 32. February 6,_1973 the fact of the matter is that theBoard has no knowledge of what is going on. The Board members do not have the time to go over the maps very clearly, He feels that they owe it to the Board that where there is a question about a map, they should let the Board know about the problems involved in the lot split. He said he would suggest that Public Works or Planning simply present the family trees of these parcels and the timing involved, In that way the Board has the facts. In that way, the Board could refer the matter to the District Attorney or the Real Estate Commission for investigation, Mr, Blackstock said he would recommend that the Board direct the staff that when they see a question they refer it to the appropriate law enforcement agency. Public Works, Planning Department and Health Department would like direction from the Board on the procedure that they should follow in these matters, Time spent discussing action the Board should take at this time, It was moved by Supervisor Madigan, seconded by Supervisor Gilman and unanimously carried, that the lot division set out by Planning Director be referred to the Rea 7. Estate Commission for investigation, and that it be a matter of policy that if there is a reason to believe that there is subtefuge in any lot split, that it also be referred to the Real Estate Commission for determination, and that it be a matter of policy to notify the District Attorney. that it has been referred to the State Real Estate Commission; that the people involved in the lot split also be notified of the action being taken. Mr, Tom Bowmer appeared and stated he had purchased a parcel of property that had been four-divided, No one, on these lot splits, will make any guarantee about water, roads, etc, He explained his problem concerning these lot splits, He feels that everything should be done to stop these Iot splitso Discussed;- no action taken. 73-198 RESCIND ACTION CONCERNING VARIANCE FOR HARRINGfiON: CHICO Supervisor Gilman stated that several weeks ago the Board granted a variance for property on the west side of Cussic Avenue at Shasta Avenue, Chico, He drove by yesterday and he measured off the frontage this man has on the road, He does not think the County can or should require the dedication of the right of way. Matter discussed. It was stated that a motion would be needed to take this requirement off the variance, On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the dedication of the right of way requirement on the Harrington parcel of property on the west side of Cussic Avenue at Shasta Avenue, Chico, variance was removed, 73-199 APPROVE APPOINTMENTS TO OROVILLE MOSQUITO__ABATEMENT DISTRICT BOARD On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, the following were re-appointed to the Oroville Mosquito Abatement District Board of firustees, for two year terms: Mro valter Thode Dr~ Eiarry Snelbaker 73-2?0 APPOINTMENTS TO COMMISSION ON SENIOR AFFAIRS The appointments to Commission on Senior Affairs were taken off the aoer_da at this time and put back on the agenda for Tuesday, February 13, 1973. 73-201 PLANNING AND ZONING DEVELOPMENT NEAR BIDWELL BAR Discussion of the Planning and zoning development near Bidwell Park Page 33. February 6, 1973 February 6,_1973 had been placed on the agenda at the request of the Yahi Group - Sierra Club. Tt was stated that the Board does not have any control over this park, This was designated as a County Regional Park, Mr. Nickelson was requested to answer the letter and tell them that the Board read their letter and discussed the request, but did not take any action, 73-202 DISCUSSION OF CHARTER REVISION: STUDY GROUP TO BE APPOINTED Charter revision discussede It was suggested that each Board member could choose three people from their respective District to study the areas of the Charter that might need revisions Supervisor Ladd said he did not feel that the Charter needs revision at this time. The Board felt that it would do no harm in looking at the Charter, A committee could be formed to look at the Charter and bring back their recommendations, if anyo Time spent discussing the appointment of a committee and of the revision of the Charter, It was moved by Supervisor Madigan, seconded by Supervisor Cameron and carried that a study group be appointed for the study of revisions to the Charter, with 3 nominations being presented from each Board member, and that the Board form a committee to study the charter. AYES: Supervisors Cameron, Gilman, Madigan and Chairman McKillop NOES: Supervisor Ladd The names for nomination will be submitted by the Board members by the 20th of February, 1973. 73-203 GUIDELINES FOR ENVIRONMENTAL IMPACT REPORT REFERRED TO INTERESTED DEPARTMENTS ban Blackstock, County Counsel, stated that the guidelines for the Environmental Impact Report have been received, The County now has 60 days to prepare their own guidelines. Mr. Blackstock said he would recommend that a public hearing be held to discuss these guidelines. Guidelines discussed, The last time guidelines were requested, the Board referred them to Public Works, Planning Department and Health Department for study and preparations Mr, Blackstack said that Mr, McFarren could be included in this study group. County Counsel will also work on these guidelines, The guidelines have to be adopted by April 3rd. Mr. Blackstock said he would suggested that the group prepare the guidelines and that a public hearing be held on March 13th, 1973 at 1:30, It was moved by Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried that the Environmental Impact Guidelines be referral to a committee consisting of Public Works, Health Department, Planning Department and County Counsel, to prepare the guidelines and to hold a public hearing on March 13th, 1973 at 1:30 for discussion of said guidelineso 73-_2.04 AUDITOR AUTHORIZED TO CONTINUE FUNDING CCGJ DRUG PROGRAM On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimo..i~ly carried, the Auditor was authorized to continue funding the CCCJ Drug Program until the reimbursement for the program is receivedo 73205 DISCUSSION: DEGLAELATION OF STATE OF DISASTER ON CITRUS PRODUCTS IN COUNTY Mr, Nickelson stated that the Governor would have to declare Butte County a disaste._ area in order for the citrus growers to receive any reliefs Discussed declaring the County in a state of local disasters A resolution will be prepared for next weeic's meeting. 73-206 MATTERS PRESENTED FOR INFORMATION Mr, Nickelson said that as secretary to BCAG, he was instructed to invite all the cities to the next BCAG meetings, Discussed; nn action takeno Supervisor Gilman stated that about two weeks ago he had received a .,_ Page 340 February 6, 1973 February 6,_1973 telegram from Congressman Harold (Bizz) Johnson informing him that there is $420,000 in the President's budget for flood relief along the Sacramento Rivex. No action needed, RECESS: The Board recessed at 3:55 for an executive session. RECONVENED: The Board reconvened at 4:20 following an executive session. RECESS: The Board recessed at 4:20 to reconvene on Wednesday, February 7, 1973 at 8:00 p,m. for a joint meeting with the Butte County Planning Commission. ~ ~ ~ ~ ~ ~ ~ ~e ~ ~ February 7, 1973 RECONVENED: The Board reconvened at 8:00 a.m. Present: Supervisors Cameron, Gilman, 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. 73-207 DISCUSSION OF MOBILE HOMES FOR TRAILERS BEING PLACED ON PRIVATE PROPERTY TO HOUSE ELDERLY RELATIVES AND OTHER PLANNING COMMISSION MATTERS The Butte County Planning Commission members met at this time with the r,7) v Board to discuss the placing of mobile homes on private property to house elderly relatives and to discuss other Planning matters. Supervisor Gilman lead off the discussion of the placing of mobile homes on private property, He stated he has received requests for the placing of mobile homes on property to house the elderly relatives of the property owner. Letters were read by the Clerk regarding this matter"from the following: ', 1. ParadiseCivic Betterment Association 2. Mr, & Mrs, L. Towner, Durham 3. Mrs, Russell E, Kempton, Paradise 4, Pauline & Allan Johnson 5> Lloyd and Bonnie Davis, Chico, Mrs, Best, Paradise, read a letter in opposition to the placing of trailers or. private property. Supervisor Gilman said he would not consider the placing of guest houses on these parcels; once you have a permanent structure put up, it is hard to abate the use. Supervisor Gilman said he realizes that he has supported zoning, but he feels that there are some areas in the County that should allow these mobile homes, He feels that if these people are willing to take care of these senior citizens, they ought to be given the opportunity to do so. He does not s;aggest that they be placed in all areas. Surcrvisor Ladd set out his views regarding this matter, He feels that maybe this could be done by a use permit, renewal on a yearly basis, He feels =_Zt this ::..~^u~.d be alloweu ~_:. aII zoned ~$reas o Criteria should be set up for lot size. Supervisor Cameron felt the Board should review what is allowed at the present time. What are the present rulings in these matters, Mr, Lawson said these mobile. homes are allowed in certain zoned areas, The people should Fage 35. Febru~ ry 6, 1973 February 7, 1973 check with the Planning Department to determine the zoning in their area and if mobile homes are allowedo Howard Toussaint, Health Department, explained the matter of the sanitation regarding the placing of these homes on private propertye The lot must be large enough for two dwellingsa If the property is under one ownership, then a separate sewage system is not requiredo George Gilbert, Planning Commissioner, questioned Mra Lawson concerning the difference between mobile homes and guest houses, Mr, Lawson set out the difference in the requirementse Mr, Gilbert requested the definition of a family; this would be hard to define in making decisions to allow the placing of these mobile homes on propertye It was felt that the relationships should be spelt out in the ordinances If the request does not fall within the lines set out, then the request would be deniedo It was felt that requirements should be set out for handling of these matters. Gene Sylva, Planning Commissioner, asked if the permits would be for a year and the person living in the mobile home should die, would the County have the mobile home removed. This would be enforced by the County, Time spent discussing the allowance of these homes on private propertye Mr, Rypkema, Planning Commissioner, said he agreed with the intent of the suggestion, but he questioned the matter of enforcing the situation. Supervisor Gilman said he felt the Board would have the responsibility of policing these ordinances.. It was th_e concensus that these mobile homes be allowed only in specifically zoned area, Tn the A-2 districts, there are no restrictions against mobile homesa Discussed the allowing of trailers and mobile homes in the farming areas for farm workerso Definitions are not clear as to who are farm workers, It was felt in the ordinance, the County should firm up the definition of farm workers. Mr. Lawson said he has a committee that is studying the matter of definition of farm workers. Supervisor Gilman said that with all this discussion, he has not heard a solution to this problem. Mr. Lawson said he surveyed 10 counties regarding this use. He set out how other counties handle the matter. He said that if the County had a definitive ordinance, the County might be able to abate these uses. County Counsel, Dan Blackstock, responded to the matter of enforcement of these ordinances. The County has been contemplating the civil process. H_ set out how these civil processes are handled, He said there are many zoning violators but it is difficult~to take legal action, Mr, Blackstock said he would recommend that the County go to a straight citation process. They have di gassed bring both actions, The zoning inspectar is required to put the person on notice, Errorcement of the ordinances discussed. It has been stated that the County i' "~. ~etti.ng compl~_:nce. Something has to be done, Mr. Gilbert felt the zox~i:~.g inspector was in the wrong office, He feels that he should be in the District "~~.*crney's office cr in County Counsel's office, Supervisor Madigan asked if Mr. Lawson knew of any County that had a good enforcement policy. Page 36, February 7, 1973 -~ ___--_______=====February 7,-1973 _____________ __ Mr. Lawson said that Santa Cruz County has a good enforcement policy;. they use the citation method. Mr. Castleberry said that he and the staff are delighted to hear that the Board is going to enforce these ordinances. They feel the move to the citation method is a good move. Mr. Bill Williams, zoning investigator, said he has been receiving some voluntary compliance with the regulations. He feels that the only way to solve the problem of compliance would be to go to the citation method. He feels that if peogle wexe gut on notice that they are in violation and that they will be prosecuted, they are more likely to comply with the regulations. Time spent discussing the injunction procedure. Supervisor Gilman said he sees some problem in using both methods, Method of enforcement discussed. County Counsel will prepare an ordinance for the Board's consideration next week. The ordinance will utilize the citation method, Mr. Williams said that if the County is going to consider enforcement of these ordinances, then they should consider the building code and the other codes. He is involved in all regulatory inspections. Mr. Lawson said he would like someone from the Sheriff's Office involved in the enforcement of these regulations. He said the junk car matter is under the Sheriff's jurisdiction. It was stated that the Board will see that these regulatory ordinances are enforced. Mx. Williams stated he had talked to the State about the junk car removable. They said they would be glad to work with the County in the removing of these cars. Mr. Lawson felt there should be another meeting set to discuss the General Plan. He said the open space plan is to be adopted by duly ist. Supervisor Gilman said the time has come in this County to think of something other than the lot size. It was felt that there is a need in the County for a green belt. Mr. Sy1va felt that there has to be a way to preserve some of the good agricultural land in Butte County. Chairman McKillop asked what the Planning Commission felt about the Commission initiated zoning. Zoning discussed. Mr, Gilbert said that one of the weaknesses in this type initiated zoning is that the hangup occurs when it reaches the Board, Discussed the establishment of procedures concerning facts that are brought out at Board hearings; it was felt that the zoning should be sent back to the Planning. Commission for their consideration. It was stated. that it was a problem to the Planning Commission to understand the intent of the Board; the in-put to the Planning Commission is very minimal. Discussed the handling of routine matters. It was stated that San Jose has a Zoning Administrator. Variances and such routine matters are handled by this Administrator, This separates a lot of the routine items from the public hearing items. Mr, Lawson felt there should be some mechanism to take care of some of the more routine items. Chairman MGKillop suggested that maybe Mi. Lawson could present something to the Board as a procedure that would lessen the meeting time. NEaybe the administrative details could be handled separatelyo Some of the routine things could be eliminated from the Planning Commission meeting items. RECESS: 10:05 RECONVEI3ED: 10:15 Ken Leach,. District Attorney, present at this time, He said that one of the items on this agenda was zoning compliance. He was told that the County was considering going to the citation type enforcement of ordinances. Page 37, February 7, 1973 ----------=====Februar~7,=1973 _ __________-_-__ The District Attorney's Office would become the chief enforcement agency. Mr. Leach felt this would not solve this problem. He said that basically the problem is man power and knowledge. He felt the civil procedure-would be the proper way to go, Mr. Leach explained how he felt these matters should be handled. Chairman McKiilop said that if the County was going to have ordinances, violators should be prosecuted. It is felt that the injunction manner is too cumbersomf to handle. Mro Leach said that if the Board wants complete compliance with the enforcement of these ordinances, he will have to have more men;;. He feels that you need an adequate staff that is properly trained and advised. Mr, Leach said he would be happy to brief the zoning inspector, as he'has to know how to do this worko Mr. Leach said he would handle the case in any manner the Board would care to have him handle it, County Counsel stated that Mro Williams was trying to secure voluntary compliance, It was felt that procedure would have to be set up and it should be within the citation itselfo Mr, Blackstock stated that a lot of situations arise regarding regulatory reg~~lations. The policy should be that they would write a letter to these people and offer them a conference in the office to discuss the matter, The problem might be able to be worked out in this manner. Mr, Lawson said he has heard the District Attorney and County Counsel state that they must have enough information to go on. They have been told in a great many of the cases that they did not have enough. information fox the District Attoxney to handle the case. Mr. Leach explained how they were handling these matters. If the evidence is there they should ,and must ,prosecute, Supervisor Madigan asked the District Attorney if he could work out guidelines fox the zoning inspector to follow. Mr. Leach said he would work on these guidelines. Supervisor Ladd felt the County should take advantage of the police school for the zoning inspector. The County should proceed on the basis that has been discussed. The citation method will be used. County Counsel, District Attorney and Planning Director will work together on this matter. DISCUSSION OF DEDICATIONS Discussed the matter of where the County is rec}uiring dedication of rights-of-way. The Board has requested dedication of land for right of way purposes. The .Court has told the County that whenever private property is going to be taken by the Government, it requires that the individual be paida The individual concerned should be compensated. Mr. Blackstock set out the Board's policy of where these rights of ways are requested. This right of way should be demanded only when the use would generate more traffic. In subdivisions, and land divisions, you have a good indication that they will generate more traffic. Mr. Blackstock said that the County should have a basic policy that when a development increases-the load on the street, then they should have a dedication of right of way. The State Land Division Act sets out the matter of these dedications, DISCUSSION OF OFF-SITE IMPROVEMENT POLICY Mr, Castleberry said this was discussed at a meeting that was held recentlyo The rough draft ordinance is being worked on. Mr, Glanders asked, County Counsel about the cases where the developer does not submit a map, Chairman McT~illop agreed that this is being done. Mr. Castleberry is being requested to issue .building permits on parcels that were created under the same conditions as some of the other divisions that have been discussed. Issuance of building permits for these parcels discussed, Curbs, gutter and sidewalk policy discussed. Complaints have been received where these are required, It was felt that this requirement should be defined and clarified, It was stated that the ordinance would have this set out. Supervisor Ladd said he did not feel that it was fair, to the developer that is required to put in curbs and gutters, that he be required to repair the County road.. Mr. Castleberry said that this is something that will be explored further, Getting back to the question asked by Mr, Glanders, County Counsel said that if the building permit is going to be withheld where parcel is illegally put rnnc.ther. the building code should be amended to provide that the parcel must^have _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ February~71 1973= _ _ _ _ _ - _ - _ _ _ _ _ been legally divided. There is no way under the la~Y that the County can legally withhold the building permit if there is no question on how she parcel came into existence. Mr. Castleberry explained the problems involved in the creation of parcels without any parcel map filed. He said they would like the Board's direction concerning parcels that have been created or subdivisions that were created without maps being filed, These parcels were created by deeds, Building permits cannot be issued if there are no right of ways to the parcels, Mr. Blackstock said he feels very strongly that the ordinance be amended concerning these matters, Time spent discussing the matter of whether parcels were created legally, Chairman McKillop said it was the intent of this Board to withhold the building permit until it is determine that the lot was created legally. Supervisor Gilman said one thing was left vague. Who was to relay the family tree concerning parcels ~to the State Board of Re•a1 Estate. the -Board -had designated that the parcel should be processed through the Planning Commission, in concert with Public Works, The family tree should go to the State Board of Real Estate and the District Attorney, • Louis Camenzind, Planning Commissioner, suggested that a copy of the Board of Supervisors agenda should go to all Planning Commission members, He feels that they should be fully informed, Chairman McKillop felt that this was a reasonable request. Mr. Nickelson was requested to mail the agenda to the Planning Commission. DISCUSSION: INTERIM ZONING PROCEDURE Jim Lawson, Planning Director, explained the present interim zoning procedure, At the present time the interim zoning is for 90 days, Interim zoning discussed, The policy of the Board has been to lend itself to these crisis requests for interim zoning, Supervisor Ladd felt that this Board should generally establish a policy not to interim zone for a blocking action, He explained this statement. Every request for interim zoning should stand on its own merits. Interim zoning should only be used when permanent zoning is being considered. Zoning discussed. It was felt that the interim zoning should be for a period of 120 days, Supervisor Ladd said he would Like to see the interim zoning only when a study is going to be made, Chairman McKillop said he would like it as policy that all the interim zoning requests should be taken to the Playing Commission before it comes to the Board for action. Board members agreed to this policyo They will try this as a pilot program at this time. DISCUSSION OF PLANNING COMMISSION MEETINGS Dan Blackstock, County Counsel, said that maybe the ordinance could be modified concerning the number of hearings to be held at any one Planning Commission meeting. The State Law requires that only one hearing be held; the County requires that 2 hearings be held. George Gilbert, Planning Commissioner, said he would think that the Commission should retain the initiative in these matters, There are some matters that would only require. one hearings The ordinance could be changed, but could still hold more hearings on certain matters, Matter of hearings discussed. It was felt that the holding of one hearing could be tried on a pilot program, County Counsel will amend the ordinance concerning this item. Chairman McKillop said that since it was noon time,, and this has been a good meeting, he felt that another meeting should be set in the near future. Mr. Camenzind said that before the meeting was adjourned he would like to ask if it would be possible for there to be a requirement to have the Planning Commission members take the oath of office. County Counsel will research this request. A tentative meeting date was set for March 7th, 1973 at 9:00 a.m. for further discussion of Planning Commission items. 73-208 DISCUSSION: SNOW PLOWING OF INSKIP ROAD Supervisor Cameron said he had a suggestion that he would like to present concerning the Inskip Road. Mr. Castleberry said the Board had asked him Page 39. February 7, 1973 February 7, 1973 to see if there was a possibility that snow plowing could be done for Inskip. There is a road project called the Coutelenc Road; it appears that there is not enough money to do this project this year. He said the Board could transfer $1,000 from this project to road maintenance and that this would be used to keep the Inskip Road open during these winter months. If the Board feels that this is feasible, they could transfer the $1,000 from the Coutelenc project to keep the Inskip Road open on week ends, It would be up to the Board to make this determination. It was moved by Supervisor Cameron that $1,000 be transferred from the Coutelenc Road Project to road maintenance to keep the Inskip Road open for this season. Motion discussed, Supervisor Ladd suggested that maybe the Road Department could eliminate snow plowing one day during the week and just plow on the weekends. There are school children that need to get out to school so it was felt this could not be done. Motion died for lack of a second. 73-209 JUDICIAL COUNCIL TO BE REQUESTED TO 5ET EXAMCNATTON DATE FOR BIGGS JUDICIAL JUDGE ~- Supervisor Ladd said he has just been informed by Clark Nelson, County Clerk, that the Judicial Council has not set a time for tests for the Judicial Judge in Biggs. He would like to have the Board authorize the drafting of a letter, to be signed by the Chairman, requesting the 3udicial Council to set a date for this examination. Supervisor Gilman said this brings up the question of whether or not the Court will continue to be held in Biggs, The Judicial Council has recommended the consolidation of the Biggs Court with the Gridley Court. On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, County Counsel was requested to write a letter to the Judicial Council requesting that they set a date for examinations for the Biggs Judicial District, said date to be at the earliest possible time, and that the Chairman sign said letter. Supervisor Ladd said he does not think that it would be in the best interest of this County to consolidate the two courts. Mr, Nickelson was requested to give some of the economic break down if this consolidation should occur. RECESS: The Board recessed at 12:35 for their noon recess to reconvene at 1:30 for an executive session. RECONVENED: The Board reconvened at 1:30 to go into an executive session. RECONVENID: The Board reconvened at 3:00 p,m, following an executive session, ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 3:00 p.m. to reconvene on Tuesday, February 13,.1973 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK gy; ~e airman of the Boar Board of Sup visors Clerk Page 40. February 7, 1973