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HomeMy WebLinkAboutM021175 8ebruary 11, 1975 STATE: OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment, Present: Supervisors Cameron, McKillop, Richter, and Chairman Ladd, Clif Nickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. Absent: Supervisor Madigan Pledge o£ allegiance to the Fiag of the United States of Ametica 75-215 APPROVAL OF MINUTES On motion of Supervisoz McKillog,.seconded by Supervisor Cameron and carried, the minutes of February 4, 1975 were approved as mailed. 75-215 SUPERVISOR MADIGAN EXCUSED On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, Supervianr Madigan was excused from this meeting. 75-213' COMMUNICATIONS Ed Scanlon, Chico. Mr. Scanlon forwards copy of letter signed by approximately Z.p d 15 residents of Ramsey Way in Chico, addressed to Goodman Realty, McCain and Associates, and Ramsey Construction Co., regarding a flooding situation on Ramsey Way and a demand for correFtive- action. Refereed to Clay Castleberry for a repnrt. Laverne Cage, Paradise. Mr. Caga writes regarding the abandonmenC by Southern Pacific of its SCirling City branch and suggested uses afterwards. Gf 0 D •~ ~ ,Ie suggests several alternatives to such abandonment and believes that it should fat be abandoned. Referred to Supervisor Cameron. Cal-Pacific Farms, Inc., Burlingame. The Company appeals the decision of the Land Conservation Act Committee which denied application of Cal- / O 4•~ ~ Pacific Farms, Inc. for. inclusion wader the Act. Discussed; to be placed back on the agenda at a later date with applicant being notified by Nr. Nickelson. Lti4viroamental impact report procedures as it relates to timber hazvest. Mr. William Whiteley and Mr. Paul Deroschers, representing the timber / / $ . QY industries in this area, forward a communication and c proposed resolution to be adopted by your Hoard relating to the new regulations requiring environmental impact reports to be handled through the Secretary of Resources instead of the State Board of Forestry. The above mentioned geat3emen will be is the audience to speak to .the subject. Discussed. Supervisor McKillop explained the purpose of this resolution. See motion following communications. Ornviile Justice Court. The Court forwards notice of entry of judgment in the case of Robert James Powers vs. Butte County Board of Supervisors. D ~ ,2.1 T:~e judgement was against Mr. Powers path a zero award. No action necessary; information at this time. Thermalito Irrigation District. The District requests that the Board include 5 ? $200,000 for the TID reservoir improvement in the funding / 0 0• application naGr in preparation for housing and community development funds. Referred to Nr. Nickelson, Mental Health Advisory Board, John Polsan, chairman, states thaC the Advisory p.p D Board approves the concept of the comprehensive information and ?j ~ referral program with particular attention being paid to the elimination of duplication of services between such referral system and currently existing cris~.e enterventioa programs. Referred to Mr. Nickelson. Page 91. February ll, 1975 ~"`, ~"*. Q~ a o a~ a m s.~ m a m: Ee~~+~Yal~ r:1~7~ ,, . a m a m m a~ a a a~ e a Ceunty of Sacramento. The County foxwarda its Resolution No. 75-73 urging the Director of the State Department of Health to delay 0 D,'~ L for at least six months implementation of those portions of proposed licensing and certification regulations affecting drug abuse, alcoholism, group homes, foster homes and day nurseries. Discussed; no action taken at this time. Water Quality Control Board - Central Valley Region. The Board £orwarda a notice of proposed waste discharge requirements for Butte County Service Area No. 21 {Oakridge/Skyway sewer) and requests 7 7j0 .~ ~ comments concerning the order in writing to the Regional Board by Match 3, 1975. Referred to Clay Castleberry for answering. Department of Housing and Urban Development. The Department will conduct a ~'uz'~ 0 entities interested iabapplying~fox7diacretionarytfundiag underathe Housing sad Community Development Act Block Grant Program, Mr, Mickel8on will refer the matter to ScottTandy. U.S. Forest Service. Paul D. Railing, acting forest supervisor of Lassen National Forest, writes to inform us that the volumes of timber cuts G on the Lassen National Forest has dropped significantly during the O O ,~j G past few months. He cites variou8 figures with the concbtsion that the road fund and school revenues derived from Chia would approach half of the amounts received in the last fiscal year. Information; no action taken. Corps of Engineers. The Corps forwards draft report entitled "Wild and Scenic Y f 2 ~~ Q Rivera Study" and requests that comments an the draft be submitted in writing ox by phone prior to the lath o£ April, 1975. Referred to George Stamm with request that he report back to the Board. Earl McGhee, Dean of Career Education, Butte College. He writes regarding the CETA Vocational Education Services-Manpower Counseling and y ~ Guidance Projett that was funded to Butte College in the amount of ~ 0 ~ ~ $18,047. They propose to the Board of Supervisors that Butte County become the fiscal agent of this. project and that Butte College fulfill all cf the additional responsibilities as outlined in the project. Chairman Ladd stated that Chis has been discussed with Mr.Rackerby. Letter referred to Mr. Rackerby for review of the grant sad to report back tothe Board. A, E. 3dcCollam, Chief Engineer, The Reclamation Board. They write concerning y~Z„ O1~ the proposed rules and regulations for contxal of encroachments - V in Butte Basin, To be discussed wiCh Mr. Stamm is present. 0 0 ?~ Claim. Judd DeWoody and Lady Byrd DeWoody file claim against the County of Butte in the amount of $25,000. See motion following communications. Bill Lathrop, Principal, Chico Unified School District. Letter of appreciation ~ p o.o o for sidewalks down 16th Street in the Chapman School area. Petition. Residents of Paradise file petition opposing the banning of all 3 z y~,0 G residential burning in Paradise. Supervisor Cameron explained the petition. No action taken at Chis time. Butte County Peace Officers Association. Invitation to their dinner to be ~ e~l,O/ held on February 21, 1975 at the Holiday Inn, Chico. State Senator H. L. Richardson will be present. Mrs. C. L, Harris. She writes concerning the West Paradise Access Injunctia n suit, To be discussed latex in the meeting. Yuba-Feather Communities Services, Lnc, Letter of thanks for the beautiful job that was done on the new Rackerby Bridge. City o£ Gridley.. Andrew J. Muller, City Clerk, writes to request the services of a County Building Inspector far the reconstruction and refurbishing of the two local hotels, located on Hazel St. between KenCucky and Virginia Sts. See motion following communications. Walter Nelson, Forest Ranch. Writes in opposition to books that are O 0 purchased by the County Library. Copies to be made for Board members. ~/ b ~ Page 92. February 11, 1975 r ~ Fib~uarY 1111975aaaamc=____ _ c a a c o rs x a a a a m rs s. -@_ 75-218 ADOPT RESOLUTION 75-1$ REQUESTING ELIMINATION OF THE UNNECESSARY FILING OF ENVIRONMENTAL IMPACT REPORTS FOR THE TIMBER OPERATIONS On motion of Supervisor McKillop, seconded by Supervisor Richter and carried, Resolution 75-18 requesting elimination of the unnecessary filing of environmental impact reports for the Yimbex operations was adopted and the Chairman was authorized to sign. 75-219 CLAIM OF JUDD DE WOODY & LADY BYRD DE WOODY REJECTED On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, the claim of Judd U. DeWoody and Lady Byrd DeWoody, husband and wife, in the amount of $25,000.00 was rejected and referred to Che County's insurance carriers. 75=219 PUBLIC WORKS TO HANDLE INSPECTION OF THE RECONSTRUCTION AND REFURBISHING OF TWO LOCAL HOTELS IN GRIDLEY On motion of Supervisor McKillop, aecanded by Supervisor Cameron and carried, the request of the City of Gridley was approved and Public Works was authorized Co handle the inspection work of Che reconstruction and refurbishing of the two local hotels located on Hazel St. between Kentuc~.y and Virginia Streets in the City of Gridley. 75-220 SUPERVISOR RICHTER REPORT ON CHICO NEIGHBORHOOD HEALTH CLINIC Supervisor Richter gave a brief reporC on his review of Che Neighborhood Health Clinic is Chico. At the time of his visit to the clinic there were no posters being exhibited, as set out by Mr. Stratton when he appeared before thiaBoard. He reported on the work of the clinic, stating that they have two full time doctors at the clinic. He stated that he had spent two-and a half days on this clinic typing to gather information and facts. He requested that they give him the name of the anonymous loaner to this facility and they insisted that they could not give out this name. Report discussed; ao action taken. 75-221 APPROVAL OF PLANS AND SPECIFICATIONS FOR BUTTE-GRIDLEY FIRE STATION On motion of Supervisor McKillop, seconded by Supervisor 'Cameron and carried, plans and specifications for the Butte-Gridley fire station were approved, call for bids to be opened at the County Purchasing Agent's office at 2:00 p.m., March 13, 1975 authorized. 75-222 ARCHITECT TO PROCEED WITH PLANS & SPECS FOR PARADISE LIBRARY BUILDING Dan Cook, of Cook Associates, was pxesent to make a presentation concerning the plane for the Paradise library building. These are preliminary plans. Mr. Cook stated that they have worked with the library consultants. The proposed building is to be built on Clark Road, adjacent to the Memorial Hall. Mr. Cook explained the plans and stated that this should go to bid about May 1st. Architect agreement discussed, Board members will receive cogies of the agreement and action will be taken on the agreement later. On motion of SupervisorMcKillop, seconded by Supervisor Cameron and carried, the architect was authorized to proceed with the plans and specifications for the Paradise Iibrary building. RECESS : 10:10 RECONVENED: 10:25 75-223 SID OPENING: COUNTY SERVICE AREA N0. 26 BONDS Bids were opened for Coua~~$ee~~ice Area No. 26; only one b1d was February I1, 1975 ~'' ~"'; s: a~ m a m c a a a n s a m rFffibru~ar~ i~l~ 1975_ a~ a~ v~ a T - s u e s received from United States Department of Agriculture. Bid referred to Carl Morton, County Treasurer and Tax Collector for study and report back later in the meeting. 75-224 APPROVE APPLICATION FOR CARNIVAL LICENSE On motion of Supervisor Richter, seconded by Supervisor McKillop and carried, application for carnival license was approved for Western Pacific Shows and North Valley Plaza Merchants Association, for a carnival to be held at the North Valley Plaza parking lot in Chico on April 2 through 6, 1975. 75-225 AD(?PT RESOLUTION 75-19 FOR SALE DF TAX DEEDED PROPERTY The Ttz Collector presents notice of intention to sell tax deeded property as follows: eIl parcels located in Book 071 on page OS-0 (located in the Bald Rock-Lake Oroville area). Minimum price $50,000. Mr. Morton was presenC to report on the sale and to answer any questions the Board might have. Mr. Morton stated he had received an offer from Mr. Olin Hayes for the property. Sale of property discussed. On motion of SupervisorMcKillop, seconded by Supervisor Cameron and carried, Resolution 75-19 in the matter of the sale of Tax Deeded Property by County Tax Collector was adopted and the Chairman was authorized to sign. On motion of Supervisor Cameron, seconded by Supervisor Richter sad carried, the second reading of the ordinance amending the salary ordinance was waived, Ordinance No. 1545 amending the salary ordinance wen adapted and the Chairman was authorized to sign. AYE5: Supervisors Cameron, Ladd and Richter NOES: Supervisor McKillop ASSENT: Supervisor Madigan 75-227 AUTHORIZE REVISION OF SOUND SYSTEM AT SUPERIOR COURT A proposal to solve the problems with the sound system at the Superior Court has been worked out between Purchasing Office, the Court and Chico Electronics. The cost of the modification is $1,432, with the possibility of additional microphones being needed when modifications are made. Court maintenance budget has $120 unencumbered at the present time. Mr. Nickelson explained this item, stating he had sent Che Board members backup material. Background of the matter explained for the benefit of Supervisor Richter. Request discussed. On motion o£ Supervisor Cameron, seconded by Supervisor McKillop and carried, revision of the sound system at the Superior Court was authorized and transfer from the reserve for contingencies to the Courts equipment maintenance budget to saver was authorized. 75-228 DISCUSSIOS: REQUEST FOR RATE .INCREASES. INDIGENT BURIALS A request for rate increases has been received £rom all of the mortudriea in Butte County through Supervisor Cameron. The Administrative Office has talked with some of the owners and an analysis of their request was sent to the Board members. The previous resolution establishing new rates was adopted by the Board as Resolution No. 72-153 in August, 1972. Mr. Nickelson explained the background of the request. The Board could adopt a resolution setting the new rates at this time or pass a cation of intent to raise the rates at budget time. Request discussed. Supervisor Richter said he would have a hard time in voting to approve the increase. Supervisor McKillop would like this put over for further study. Mr. Nickelson will get the breakdown on what the surrounding counties are paying and will report back to the Board. Page 94. February 11, 1975 /'"~ ^. c ~ s ~ m ~ Q : a :ebr~ a=ym11, 91975 ., ~ e e a ~ ~ ., ~ ~ _~ C Q a 75-229 BUDGET TRANSFERS APPROVED Budget transfers discussed. Transfer B-7S, Public Worka fingineering and Administration, requesting a transfer of $39 from office expense Co memberships to cover memberships for Che Public Works right-of-way agent in the Realtors Association in Paradise discussed. Mr. Castleberry stated that this is Che only way Public Worka can get information avaiiable to them at the Paradise area. Transfer discussed. Opposition was set out to this type membership. On motion of Supervisor IiaKillop, seconded by Supervisor Richter and carried, the following budget transfers were approved: H-126 ridle Justice Court. 52,000 is transfered Prom the esp erne or aonti~n enc~ies to fury ana witness expose in the Gridley court. Present def3.cit, caube se of -fury ksrrents, is $lBl and a Jury trial scheduled next tireek will need $284, . a three day Jury trial in the nexv free~c is scheduled at an estimate of $3!+!~ maicir~ a total Imown deficiency of over S800 at the present time. Hopefully the $2,000 transfer will cover for the balance o~ the year. B--129 Supplemental Manpower proeram. _T'cis transfer records an appropriation increase for CETA I Grant per modification X501 recapturing unspent categorical Manpol,~er Program funds and was approved by tae Hoard on December 30, 1974. Total amount set up from unanticipated xeven:ze is S65,2Js3• Of this, ,$16,000 goes to extr-help 3n the CETA I Youth Program, and 518,293.k8 to compensation insurance in the same program. In the CETA I Adult Progr~,-S29,31g goes to extra help and $1,634.52 goes to compensation insurance. -- '~B-1 1 Personnel. S28B is transi'ered frog office expense to equipment aceount within the personnel budget,- and is to correct trsdgetary classification of 1,.5 metal foldipg chairs from office expense to equ3.paeat, This is a budgetary correction only and involves ao additional money or transfer of money. B~? Manpower Grants. This tra:xsfer reduces appropriations in the operation Mainstream and NYC Out of School Programs to correspond to the actual e~cpenditures under these ~xograms. The cliar~gea reflect increases of $12,764.11 ir- certain categories and reductions of $94,024•;3 in other catagori.es, with the difference of $16,260.l~2 showirU as a reduction in to rerea~es form federal aid other -Manpower Programs. B~ Tre_, asurer. This transfers $120 frog office expense to other transpor- tation and travel, and is to cover motorpool eistribution expenditures concurred by the previous Treasurer. H-134 Auditor-Controller. This transfers 51,000 from rents and leases of equipment, with 750 going to Board authoriy-.d trips and 5250 to other transportation and travel, e11 r,3thin the Auditor's tr.:dget. T-ne transfers are necessitated because of the followir~:_ 1. Increased cost of food, lodging, and public transportation costs due to inflation. 2. Gost of trainer ~ course for data entry machine operations. 3. Additional conferences and meetipgs on federal grants, and the mandated A-87 cost allocation plan which iaere not specifical]y covered in the budget. , __ - -_- Page 95. February il, 1975 T, ~a~~~~~ess~a~saasebraar~.p11,~1975~e~~~~samaa~ ~a Budget Transfer B-75 noC approved at this time. 75-230.., E'RESFJiT~1'IOI1 bF,1!ROPOSETI REVItION OT+ MXNIlSUM'JAIL SlANbARDS FOR . . ~ DO~~ TION - • . et arry"'~illick presented the proposed revisian of minimum jail standards for Board consideration. The County Jail is known as a Type 2 facility. Sheriff Gillick stated he had his chief jailer break~i~wti some of the sections. Jail operation training does not asst standards, They have to have in-service training. Zt will be mandatory that these jailers take refresher courses during the year. The showering facilities have been approved by the local Health Officer. Requirements set out and discussed. The prisoners are allowed to go out into the exercise yaxd. The women's portion of the jail is in need of an outside exercise yard. A doctor goes to the jail once a week to~examine the prisoners. The Sheriff explained how the prisoners are attending school; education requirements explained by Sheriff Gillick. Requirements discussed. Sheriff Gillick feels that they are in good shape at the jail; he will do his best to briag the other matters up to standard. The exercise yard for 'the women would be the only expensive item. No action taken at this time. 75-231 APPEARANCE: MR. LEONARD LOYD Mr. Leonard Loyd, s taxpayer of Butte County. stated he was present today to commend the Board on their action approving the Midway overpass, lie said he was proud that the Board decided to take action and make this a safe crossing. He gave the commendation to this action on behalf of the Retail Clerks Union, 75-232 APPEARANCE: MR. CHARLES FITZSIMMONS Mr. Charles Fitzsisanons, presidenC of Paradise Pines property owners asaociatioa, read a statement from the people in that area requesting more police protection, fire protection and more snow plowing in the area. These people feel heat this area has ,greatly increased the tax rate of the County. He feels that these old people 'have added greatly to the ecoaomy of this County. 75-233 APPEARANCE: MR. H W. PERC_Y Mr. H. C. Percy spoke in favor of the Midway overpass. He said the only thing that bothers him is why the County waited so long in approving this matter. 75-234 AUTHORIZE CONTINUANCE OF NARCOTIC TASK FORCE PROGRAM AND AUTHORIZE ADDITIONAL FUNDS Sheriff Gillick spoke on the matter of continuance of the narcotic task Eorce program. Aa of five oeclock this afternoon they will be out of funds. They do not know when the Governor will get around; to approving the grant, but feel that it will be soon. The Governor is reviewing all applications. Howard Casagrande spoke on the matter. He explained what progress was being made is Sacramento. He expects the Governor to sign the application within a short time. Request for further funding set out and discussed. Mr. Casagrande stated thet another $10,000 would be Headed at this time. Page 96. February 11, 1975 ~-•-~ ~. n e m a m m v a .- m xx a s a a :s Pebroa~yQlml ,m147~5 a e m c m n c~ m n a m rx s On motion of Supervisor McKillop, seconded by Supervisor Richter and carried, continuance of the Narcotic Task Force Program was authorised for Che balance of the month, and funds were authorised for Chia program not to exceed $10,000. 75-235 DISCUSSION: PROPOSED LETTER TO STATE RECLAMATION BOARD REGARDING APPLICATION BY MATHEWS READX MI%, INC. FOR SAND AND GRAVEL EXCAVATION ADJACENT TO FEATHER RIVER George Staaea wa8 present to explain the proposed letter to State Reclamation Board regarding application by Mathews Ready Mix, Inc. far sand and gravel excavation adjacent to Feather River. This matter will be on the Reclamation Board meeting scheduled for this Friday, February 14, 1975. Background of the original application set out. Additim al excavation contemplated explained. The general concennes of this was that this would have some impact on the environment and that an .cnvironmeatal f.~act zeport should be prepared. This operation is in the flood plain area. Proposed letter discussed. Supervisor Richter felt thaC the County should pursue the line of endeavor to require an environmental impact report. Dan Blackstock, County Counsel, eat out his thinking in this matter. He stated that the letter could be modified and stated that this activity could have an unfortunate environmental aspect and that a complete environmental impact report should be prepared by the State. He feels that the State should be the lead agency. It was felt that there should be a letter from this Board stating what their £eelinge are in the matter. The County is concerned with the environmental aspects and an environmental impact report should be prepared. George Stamm will modify the letter and bring it back for Board consideration. 75-236 AISCUSSION: PROPOSED LETTER TO STATE RECLAMATION 80ARD REGARDING DETERMINATION OF HEARING ON RULES AND REGETiATIONS IN BUTTE BASIN HELD ON JANUARY 28 1975 George Stamm explained the proposed letter to State Reclamation Board regarding determination of hearing on rules and regulations in Butte Basin held on January 28, 1975. Letter discussed. It states that the objectives could best be met through local land regulations and more stringent enforcement of the regulations. It was suggested that maybe the Board should discuss a land leveling ordinance; this would be an alCernative. The State has indicated that there should be more local control. Chairman Ladd felt that the Board should go on record as opposing some of the things that the State is coming up with. it was suggested that a committee be appointed to work on the matter of a land leveling ordinance for Butte Basin. On motion of SuperviaorMcKi.llep, seconded by Supervisor Cameron and carried, Supervisors Ladd and Richter were appointed as a committee to work on a land leveling ordinance for Butte Basin. It was stated that the letter could be answered in a more positive vein. George Stamm and County Counsel were requested to gather some land leveling ordinances from the other counties. It was felt that there should be something strong to present to the Page 97, February 11, 1975 n ~ February 11, 1975 n a Q a a a e Q a o v e o s e a e a~ e a a a e a e e a e a o m a e e e m e State on Friday. Covnty Counsel will attend the meeting with Mr. Stem and make a presentation on behalf of the Board. He could object to the utilization of Area A in the plan. Area B discussed; this would regulate alI structures put in over 18 inches. Interpretation of this discussed. Mr. Blackstock felt that the County should be given a proper definition of tte term "structures". Another point would be the requirements of perniEs; should not need a permit for an agricultural building, The County could also abject on the basis that they have exceeded their authority under the Water Cade. Could argue that point on the concept of structures. It was felt that the County Counsel should make a positive statement, telling them what the County is going to do. Mr. Blackstock and Mr. Stagy will meet and work out the presentation to be presented at the Friday meeting. The regulations should be opposed per ae. 75-237 D15CUSSION OF APFLICATION BY BALDWIN COMPANY T4 STATE RECLAMATION BOARD TO FILL IN A PORTION OF LINDO CHANNEL George Stamm explained the matter of the application by Baldwin Comany to State Reclamation Board to fill in a portion of Lindo Channel. He set out what has happened in the past. This proposed area is about 300 €eet upstream from the Lindo Bridge. The City of Chico proposes to build e bridge over Lindo Channel. The ~ee:ed right-of-way of Lindo Channel explained. Mathews had a road project in the area of the bridge. It ie the feeling that the material should be removed. The County's answer has been that they do not object to the material in the looped area but do object to the placing of khis material where they have applied to have it placed. Supervisor Madigan is aware of what has been going on. The County still wants to retain some right-of-way for the water. This is an information item; no action need be taken at this time. RECESS: 12:05 RECONVENED: 1:30 75-238 ADOPT RESOLUTION 75-21 RE ABANDONED VEHICLE ABATEMENT CONTRACT WITH CALIFORNL9 HIGHWAY PATROL Clay Castleberry, Director of Public Works, explained that the resolution was written for his signature but that it could be changed to have the Chairman sign. On motion of Supervisor McKillop, seconded by Supervisor Richter and carried, the Board approved the contract, with the initialing on page 2 of the change, adopted Resolution 75-21 authorizing the Airector of Public Works to execute a contract with the California Highway Patrol far abandoned vehicle abatement participation wen adopted and the Chairman was authorized to sign. 75-239 AUTHORIZED PURGHASE OF SIIC USED VIIiICLES FP.OM CALTRANS Mr. Castleberry explained that they have been advised that it is possible to buy some state vehi~'.es with low mileage which would be cheaper than renting or leasing the vehicles. Jim Johansen, assistant auditor, stated that they have not yet decided which account the money for the purchase should come out of but .hey are studying the matter. On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, the Board authorized purchasing to acquire six used surplus vehicles from CALTRANS for an approximate price of $700 each to be rented to the program and to be disposed of by auction at the termination of the program (abandoned vehicle and monument program-CETA VL) subject to Auditor's approval on fun33ng, Page 98. February 11, 1975 r"` ~ Fabruar~ 1I~31~75=x zs m n a m a e c a s e o~ a~ e m c a a as = s a a a s¢ b Supervisor Cameron stated that he wanted to make sure that the proper research and guidance would be given before these projects were started. Mr. Castleberry assured him that everything would be taken care of and that he will be making reports to the Board quite often on this matter. Time spent discussing who would use these cars. 75-240 APPROVAL OF PUBLIC WORKS ITEMS Urban lines as requested discussed. Mr. Castleberry stated that these have been to BCAG and to the City Councils. xe does not like to have these urban lines but they are necessary, This is for urban transportation and streets. On motion of Supervisor Cameron, seconded by Supervisor Richter and carxfed, the Following action was taken: 1. Authorized release of the survey bond for Kelly Ridge Unit 1C. 2. (a) Approved CCO's 2 through 8, Skyway Project No. 512b1-71-I, in the increasing amount of $22,557.42 which provides, in general, for modifying and constructing additional driveways, furnishing and installing electrical conduit for future traffic signals, lowering certain storm drains because of utility conflicts, realoping some excavated arena at property owner's request, paving additional sidewalk areas and parking areas which were disturbed by the construction and removing existing concrete areas which conflicted with construction, and authorized Chairman to sign; and (b) approved funding to cover these change orders to be made from SH325 funds subject to BCAG approval. The final estimate is due and payable to contractor and it is requested that the $22,557.42 appropriation increase be made with regular road funds pending approval of SB325 funding appropriation increase by BCAG. 2, Adopted Resolution 75-22 approving urban area boundary and Federal- Aid urban road system for the Butte County urban areas (Oroville, Chico and Paradise) and authorized the Chairman to sign. 3. Adopted Resolution 75-23 approving Freeway Maintenance Agreement for SR 94 between SR 149 and Neal Road and authorized the Chairman to sign. 4. Authorized transfer of balance of funds 43 r'eridiam Road crossing protection installation ($1,074.93) from completed WO 5138 and transfer $1,092.31 from completed WO 5137 to WO 5110. 5. Authorized Public Works Director and interested Supervisors to make overnight trip to examine and investigate subsidized taxi systems ae public transportation. 75-241 AUTHORIZE CLAY OASTLEBERRY TO WRITE A LETTER TO THE PARADISE PINES PROPERTY OWNERS ASSOCIATION Mr. Castleberry suggested thaC the Board write a letter to the Paradise Pines Property Owners Association telling them that their property taxes do not maintain roads in the county and that assessment bonds also are paying for their capital improvements and not any maintenance, He stated that they have been plowing roads according to the policy adopted by the Board on December lO but have been receiving complaints. Chairman Ladd authorized Mr. Castleberry to write the letter, Discussion of special districts that can be formed, including fire protection districts and possibility of districts for police protection. Page 99. February 11, 1975 ~''` c=~~- v= rx ~ a a w~ m m rFebrcl8~yalZ,m1975 6 3 0 0 0 ~. e a a m o e e v o 75-242 ADOPT RESOLUTION 75-24 REQUESTING CALTRANS TO PERFORM ENGINEERING SERVICES FOR BAGGETT-MARYSViLLE GRADE SEPARATION Mr. Castleberry stated that authorization to request this before the PUC had been previously granted. He would like concurrence on this and they are going to ask that the state give a price on designing the structure before anything is signed. Supervir,ar Cameron stated that he could support this project as he had looked at the area and definitely felt that the structure was needed for safety. On motion of Supervisor McKillop, seconded by Supervisor Richter and carried, the Board adopted Resolution 75-24 requesting CALTRA118 to perform the engineering service8 for the Baggett~Maryaville grade separation @ Western Pacific Railroad as was done on the Midway grade separation project. 75-243 TNFORMATION AND DISCUSSION: PUBLIC WORKS Mr. Castleberry stated that they are in the process of looking at eight grade crossings in the county. He reassured the Board that several crossings are being looked at, not just the Midway and Marysville-Baggatt crossings. 75-244 DISCUSSION: COUNTY 6F BUTTE V MAXWELL Ban Blackstock, County Counsel, stated that he had been advised by Mr. Castleberry that the required work has been completed with the exception of the guard rails. Mr. Castleberry explained that the guard rails are not completed as to plans, nor ere they completed as to how his department would handle them. The rails are up but brackets that reinforce the raids and help atop cars in Che case of an accident, have not been added. Mr. Castleberry stated that if his departmant was doing the work, the brackets would definitely be added. Supervisor Cameron felt that the Board should not accept this if the Public Works department did noC feel the job was complete. Discussion. Chairman Ladd stated that Mrs. Ray Best Harris had given the Board members a letter regarding this matter and had asked that it be read. This letter w111 be held over until a final decision is to be made. Mr. Castleberry is to notify the people involved that the brackets need to be placed on the guard rails. No action taken at th is time. 75-245 PUBLIC HEARING: NORMAN JENSEN PETITION FOR VARIANCE OF PROVISIONS OF SECTIONS 19-10 AND/OR 19-12 OF THE COUNTY CODE FOR PLACEMENT OF MOBILE HOME ON PRIVATE PROPERTY The public hearing for Norman .lenses petition for variance of provisions of Sections 19-10 and/or 19-12 of the County Co3a to place a mobile home on property located at Rt. 2, Box 601, Gridley, was held as advertised. Lynn Vanhart, Sanitarian, explained that this is a renewal of a variance approved last year. It has been looked into and ali the canditiona remain the same. Hearing opened to the public. Appearing: ao one. Hearing closed to the public and confined to the Soard. Page 100. February 11, 1975 a m~ m~ a e n 4 a m ra a te= aF~b4'~x~ 11~ 19758 .'i Y A P 4 C S a RR C a m J On motion of Supervisor McKiilop, seconded by Supervisor Cameron and carried, the Board approved the variance for Norman Jensen for a period of one year. 75-246 PUBLIC HEARING: RAYMOND VALLEQUITTE-HUPP RANCH LAND COMPANX - APPEAL OF DRAFT ENVIRONMENTAL IMPACT REPORT The public hearing for Raymond Vallequitte-Hupp Ranch Land Company~s appela of the decision of the Planning Commission to require an EIR was held as advertised. Mra. Bettye Blair explained the background of the matter. The land is 80 acres with a present zoning of TM-20. The application for rezoning is to TM-5. Tha Environmental Review Committee decided to require an EIR and the decision was appealed to the Planning Commission, wha upheld the decision of the Committee. Mrs. Blair stated that the chairman of the Environmental Review Committee was present for the Board's qustions. Hearing opened to the public. Appearing: Ray Vallequitte; $8aeral partner of the Hupp Ranch. Mr. Vallequitte explained his reasons for developing the property. The property is sold subject to this rezoning being approved. He outlined hie objections to certain questions pertaining to the EIR. The property is located near Paradise and is bordered an the east by two subdivisions, the Coutelenc Subdivision and Friendly Forests. Mr. Vallequitte feels that s TM-5 zoning would not harm the environment as only one house would be permitted per 5 acres. They will have their own water and there are no live streams on the property that could be harmed. Mrs. Blair pointed out the€.area involved to the Board and explained the surrounding areas. It was felt that this development could possibly stimulate further development in the area which they felt would have a very definite effect on the environment. This is apart of the Magalia-DeSabla watershed area. Bob Dixon, buyer of the property if the zoning goes through. He felt that the reservoir is a safe distance away from the possible development. He plans to build a home oa the property.but said that there might not ever be another home built on the property. He has no plane for a crash project. Supervisor Cameron reminded Mr. Dixon that the Coutelenc Road is not maintained. M'r. Dixon stated that he realized this and that it did not make anq difference. This is a county road but it is not maintained in the winter. Hearing closed to the pbblic and confined to the Hoard. Discussion of Che surrounding area. 5upaQrriaer Cameron stated that he doesn't feel that it will make that much density. Supervisor McKiilop stated that he could vote for this because he doesn't feel that it would harm the water. Oa motion of Supervisor Cameron, seconded by Supervisor McKiilop and carried, the Board upheld the appeal and found that a report not be required, with the note that a negative EIR be filed.- 75-247 PUBLIC HEARING: STEVEN JENSEN, APPEAL OF REQUIREMENT OF ENVIRNOMENTAL IMPACT REPORT The public hearing forSteven Jensen~a appeal of the decision to require an Environmental Impact Report was held as advertised. Mrs. Blair explained the matter. This is a parcel map application and the property is located adjacent to and ie Lake ~adge°n~1~Area pointed out on a map. February 11, 1975 ~ ~ Februarmyall, ~1975~ ~ m ~ ~ m a ~ ~ _ ~ ~ m m a o o m a s a m m m m m m s im m m Hearing opened to the public. Appearing: Darrell Stevens, attorney representing applicant. He stated that his 18 simply ad~tision of an existing parcel. It will not change the area at all. They propose to break the parcel in two as they eventu811y plan to give the ".aka away, He atated that one point that was brought up was the maintenance of t°.e lake. It is now maintained by a property owners association and not the owner so that would not enter into the mattes. Mr. Stevens reviewed their objections to the EIR, The parcel consists of the Lake and a leach field below the dam. This does not include the dam or the road, which is in litigatioa. Gerald DeRoca, owner, appeared and explained the split. Mr. Blackstock stated that he doesn't feel this matter would effect the litigation. Hearing closed to the public and confined to the Board. Discussion of the voting at the Planning Commission. Mr. Stevens £elt•that the vote was due ~to the lateness of the meeting. He explained that the whole purpose of this ie to give a clear cut outline of Che area imrolved for the record in case it should be given away or whatever. Discussion of a need for an EIR when there is to be no change whatsoever. Chairman Ladd stated that he could see no reason to require an EIR when the use would remain the same as it has bees for years. On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, the Board upheld the appeal and found that a report not be required, with the note that a negative EIR be filed. Recess: 2:55 RECONVENID; 3:10 75-248 HEARING: APPEAI, OF SUBDIVISION COMMITTEE DECISION FOR AP 57»06 & 57-20 BY PHIL MACE (CONTINQED FROM JANUARY 14) The public hearing on the appeal of Subdivision Committee decision for AP 57-06 & 57-20 by Phil Mace was held as continued from January 14th. Bettye Blair, Planning Department, distributed an inter-office memorandum. She atated that the Subdivision Committee had a meeting yesterday and an agreement was reached in this matter. Mr. Mace has requested a one weelc~a continuance so he could take the agreement back to his clients. This concerns property adjacent to Paradise Pines. Hearing opened to the public, Appearing: no one. Hearing continued to February 25th, with a report on the matter to the Board next week. 75-249 AUTHORIZATION TO COMMENCE EMINENT DOMAIN PROCEEDINGS RE DRAINAGE EASEMENT - SONTAG DEVELOPMENT: ADOPT RESOLUTION 75-25 AUTHORIZING CONDEMNATION Dan Blackstock, County Counsel, explained the request for authorization to commence eminent domain proceedings re drainage easement fox the Sontag Development. Bill Spruance, attorney, present to discuss the matter. Mr. Castleberry stated that this was a proposed development that will create some run-off. Mr. Castleberry said he would recommend, as the County has done in the past, that the Board lend the powers of condetrttation iC the name of the County Service Area. There will be some drainage from the County road that will go down these drain age 102. February 11, 1975 ~ ~~ a c c mac x s o m m c o s aFmbsucrrs 111 197$ Mr. Blackstock explained the action needed. The County service area would maintain the ditch, The eminent domain proceedings would be for the purpose of acquiring the easement. At this time, they are talking about a drainage easement. Mr. Blackstock stated that there has been an offer by the developer to have his attorney take the proceedings through court. This action will be helpful to the area. It was moved by Supervisor Cameron, seconded by Supervisor McKillop sad carried, that the County lend its power of coadeffiation to the developer to acquire the drainage easements in the County's name, with the developer to pay the costs in this matter. Dr. Sontag, the owner of this property in question, set out the area of contribution to the ditch. He explained the development. Prior to making this request to the Supervisors, they approached the owners of the easements, Offers for the easements seC out; he has not been able to negotiate an offer of sale for the easement. He would request that the Board pass the resolution for condemnation today. Request discussed. On motion of Supervisor McKillop, seconded by Supervisor Cameros and carried, Resolution 75-25 authorizing condemnation by eminent domain for the Dr. Sontag development mss adopted and the Chairman was authorized to sign. 75-250 DISCfTSSION: INTERPRETATION OF LAND USE ORDINANCE Dan Blackstock, County Counsel, stated that a problem has arisen about the interpretation of the land use ordinance. The problem has been discussed with the Department of Real Estate. He set out the problem of the owners of the property. The owners would like to split the property. He drew a diagram of the property in question. The corners of the property join. He wanted to alert the Board to the fact of why they are handling these matters in this way. It is called a subdivision but they will not have to have a map. He said he has received a model ordinance from CSAC. Mr. Blackstock explained how these parcels could be handled. Mr. Blackstock stated that the Board might get to the point where they will want to pull subdivisions out of Planning and put them in Public Works. He explained this thinking, He suggested that maybe this could be placed on the agenda in the future for further discussion. 75-251 PUBLIC HEARINGS SET The following public hearings were set: For February 25, 1975 at 2:00 p.m.: (e) Bruce Martin, etal - rezone from "S-1" (suburban) to "AR-MH" (agricultural residential mobile home) for property located on the north side of Berrington Roads, east of Dayton Road, Chico. (b) Lavine Miller - extension of interim "S-2" (suburban) for property located on the north side of Humboldt Avenue, approximately 1,000 ft. west of E1 Monte Avenue, Chico. Far March 25, 1975 at 2:00 p.m. (a) Cecil H. Goggins - rezone from "M-2" (heavy industrial) to "AR-MH" (agricultural residential-mobile home) £or property located approximately 700 ft, west of Lincoln Blvd., north of Messina Ave., Oroville. No hearing date was set for the Ladd Conatructian Company, interim zone "AR-MK" for property located north of Orov(`13~e'. '2citerim expires March l~ebrnaiy' 11, 1975 Page 103. ~. ~.• a a c c m c a c a a a a a c a BeQreacymll,¢1975 c a a m m a n= a a c m a 75-252 ADOPT ORDINANCE N0. 1546, "AR-MH" ZONING FOR PROPERTY LOCATED ON THE SOUTH- EAST CORNER OF KUSEL ROAD AND LINCOLN BLVA., OROVILLE Hearing on the Truman B. Warren rezone from "C-1" (light commercial) to "AR-MEI" (agricultural-residential mobile home) £or property located on the southeast corner o£ Kusel Road and Lincoln Blvd., Oreville was held as continued. Mrs. Blair reported on the area and on their recommendation. She eat up a map showfng the areas to be zoned. Everything north of the Illati property would be AR-MH. Everything south of the Illati property would remain C-1, including the ILlatf property. Oa motion of SupervisorMcKillop, seconded by Supervisor Richter and carried, the Board approved the rezon~,ng of the property located on the month of the Illati property line as an "AR=MH" district, and the property south, including the Illati property, to remain as a "C-1" {light commercial) district, and adopted Ordinance No. 1546 zoning that portion of property as a "AR-I~4i" district, and the Chairman was authorized to sign. 75-253 APPROVE TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL On motion of Supervisor Cameron, seconded bq Supervisor McKillop and carried, the following tentative parcel maps recoQaaended for approval were approved, subject to the conditions, with the note that negative environmental impact reports have been filed: Zoned A-2 Joseph & Mary Zammit, AP 25-042-96, 2 lots, south aide of Vance Ave., east of Larkin, Aiggs. Pursuant to the requirements of Ssction 20.3 of the Butts County Cods, the tentative parc=l map of the above prop9rty has been reviewed by the Butte County•SubdiviAion Comm~.ttee and the Planning Commission. The Subdivision Committee and the Planning Commission recommend approval of the tentative man, subject to the following conditions: 1. Plac= statement one"final map" that there will bQ no further division of this pronQrty until 6t3 ft. of access is nrovidecl. 2. Deed to the County of Rutte 30 ft. right--of-way from the csnter- Iins of Vanes Ave. 3. Indicate a 50 ft. building setback from the centerline of Vance Avs. 4. Indicate a 2n ft. building setback from the centerline of the eas~m=nt. A N=gativs Declaration 1?egardinq environmental Impact was filed with the County Clerk on January 13, 1975. Zoned R-1 A 6 C ~-snPvieve 8aston, AP 51-07-67, 2 lots, south of Wagstaff, w?st of Aliver Rd., Paradise. Engineer: ~4artin Boston l Pursuant to the requirements of~Sectlon 20.3 of the•~Butte County , Code, the tentative parcel map of the above property has bean re- view~d by the Butte County Subdivision Committee and the Planning Commission. Page 104. February 11, 1975 ~ ~• a r¢ a a a a a c¢ s a w as s aFsbwuwr~ ~~'~ s9~5Q m s¢ c a m n c¢ a a a c m The Subdivision Committee and! the Planning Commission recommend approval of the tentative map, subject to the following conditions: 1. 'V~rify legal access. 2, Indicate a 50 ft, building sstback from the centerline of the sasEment. A Megative Declaration Aegardinq Environmental Impact was filed with th._ County Clerk on January 13, 1975. 75-254 ADOPT ORDINANCES 1547 & 1548, REZONING TO RT-1 and AR-MH LOCATED NORTH AND SOUTH OF WARREN ROAD. PARADISE On motion of Supervisor Cameron, seconded by Supervisor McKillop and carried, Che following ordinances were adopted for the Thomas R. and Jane Chase rezoning of the Warrea Road, Paradlee area, sad the Chairman was authorized to sign: Ordinance No. 1547 - Zoning a portion of Che County an "RT-1" (single-family residential trailer) district, pursuant to Ordinance No. 475. 1548 - Zoning a portion of the County an "AR-MH" (agricultural residential mobile home) district, pursuant to Ordinance No. 475. 75-255 APPROVE APPOINTMENTS TO ALCOfiOL ADVISORY BOARD ~ TECHNICAL ADVISORY COMMITTEE ON DRUGS On motion of Supervisor Richter, seconded by 5uperv~l8or McKillop and carried, Charles Freer and Louis Ricci, both of Chico, were appointed members of the Alcohol Advisory Board and Technical Advisory Committee on Drugs. 75-25b APPROVE APPOINTMENT TO KIMSHEW CEMETERY DISTRICT Oa motion of Supervisor Cameron, seconded by Supervisor McKillop and carried, Del' Bryant o£ Magalia, was appointed a member of the Kimshew Cemetery District, to replace Jess Whitlow, who resigned. 75-257 APPROVE EL MEDIO FIRE DISTRICT AGREEMENT On motion of Supervisor Cameron, seconded by Supervisor Richter sad carried, the agreement with the E1 Medio Fire District to provide it with $50,000 in revenue sharing funds for the purchase of anew fire truck was approved and the Chairman was authorized to sign. 75-258 DISCUSSION: LETTER SUGGESTING A MEETING OF COUNTY OFFICIALS WITH DIRECTOR OF THE CALIFORNIA YOUTH AUTHORITY Chairman Ladd brought up the matter of the drafted letter concerning Juvenile Hall. Contention that the County should be locked into a 16-bed occupancy for the Hall discussed. It was felt that there was no way to settle this question without getting the people from the Youth Authority up here to discuss the matter. Plans for the new building discussed. It wa8~~'•felt khat the Couaty was taking the proper course of action in this case. The letter written by County Counsel wee authorized to be sent to the Youth Authority. 75-259 DISCUSSION: LETTER FROM (RICO CITY CO1lNSEL The letter from the Chico City Counsel received last week in which they suggested that a meeting be held to discuss the red line sad future development discussed. Chairman Ladd suggested that this be put over until Supervisor Madigan had returned. Page 105. February 11, 1975 ~"°~ ""• Februaayr11,m1~7~5 s r r e~ o a a a~ r~ e a s r a Q s a a Q a a r s r r r r r Supervisor Richter said he would like a letter written to them asking them what the red line represented. He feels that it is important that the Board know what they plan to have on the agenda for the meeting. Mr. Nickelson w111 contact them concerning this matter. He will tell them that the Board is Interested in meeting with them, It was augges:ed .:'.'tat maybe two of the Chico Supervisors could attend the meeting. 75-260 SUPERVISOR RICHTER APPOINTID ALTERNATE ON HUTTE COUNTY MANPOWER PLANNING COUNCIL. Chairman Ladd said he occassionally has difficulty attending the Manpower Planning Council meetings. He feels that there should be an alternate appointed. On motion of Supervisor Richter seconded by Supervisor Cameron and carried, Supervisor Richter was appointed as the alternate member from the Board of Supervisors tv the Hutte Cnunty Manpower Planning Council. 75-261 DISCUSSION: MATTERS PRESENTED BY BOARD MEMBERS Supervisor Cameron said he could not understand why the Board has not received reports frnm Che consultants on Urban Housing. ?latter discussed. The Auditor received a progress report yesterday; they will review it and then present it to the Board for the approval. Scott Tandy has seen quite a bit of these consultants. Mr. Nickelson said the Committee would report on their meetings. Time spent discussing the study; report will be presented to the Board at an early date. Supervisor Richter mentioned a new law discussed at the CSAC meeting on Comprehensive Health Planning. ee reported on the new law. This will give the Supervisors a larger voice in the planning of this matter. 75-262 DISCUSSION: LETTER PREPARED BY GEORGE STAAIIS TO THE RECLAMATION BOARD George Stamm read the revised letter that he has written to the Reclamation Board. This letter effectively represents to them the Board's reasoning on this matte.. This concerns the controls of Butte Basin. Dan Blackstock questioned the Board about their feelings concerning the land leveling ordinance. Supervisor McKillop said this would be a flood plane zoning and land leveling ordinance. Chairman Ladd said the letter should set out that the Board did not agree and they were going to oppose is every way possible Che adoption of the regulations. A representative from the County sill appear to spell out the County's feelings in detail. The letter will be re-written for the Chairman's signature. RECESS: The Board recessed at 4:k0 for an executive session. RECONVENED: The Board reconvened at 4:50 following an executive session. 75-263 APPROVE APPOINTMENT OF COMMITTEE TO FORBESTOWN CEMTTERY DISTRICT On motion of Supervisor McKillog, seconded by Supervisor Cameron and carried, Charlie Lynn and Mr. and Mrs. John Gildersleeve of Forbestown were appointed to the Forbeatown Historical Cemetery Restoration. together with all other persons set out in the letter. 75-264 APPROVE OFFER OF SETTLEMENT IN MATTER OF BUTTE COUNTY VS HARRY GRAY On motion of Supervisor Cameron, seconded by Supervisor McKillop and carried, the offer of settlement in the amount of $1,646.25, was approved, in the matter of County of Butte vs Harry Gray, Superior Crt. Case No. 7538. Page 106. February il, 1975 r~ :~ m a= n n n~~ r a xn xe a a a v a ae= ru8~ymla,m 975 ~~„= v~ m~~ r o 75-265 AUTHORIZE COUNTY COUNSEL TO APPEAL CASE OF' BUTTE COt'vTY OS. REYNOLDS Dan.Blackstock reported on the zoning case in ~Paiadiae which allows certain uses. Case discussed. Oa motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, County Counsel was authorized to appeal the decision of the case of Butte County vs. Reynolds. 75-266 DISCUSS PRESENTATION OF ENVELOPES TO BOARD MEMBERS Mr. Blackstock presented envelopes to the Board members. It was stated that each week County departments mail out items to the Board members. The items could be bulletins, reports, etc. The press receives copies of everything that is of interest to them. Matter discussed. ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned aC 5:00 p.m. to reconvene as Tuesday, February 18, 1975 at 9:04 a.m. ATTEST: CLARK A. NEISON, t:OUNTY CLERK BY: ~ airman of the Board Board of Su rvisore Clerk Page 107. February ll, 1975