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HomeMy WebLinkAboutM021577 February 15, 1977 STATE OF CALIFORNIA) ._ SS. COUNTY OF BUTTE ) The Board of Supervisors poet at 9:00 a.m, pursuant to adjournment. Present: Supervisors Lemke, Madigan, Moseley, Winston and Chairmn~~ Richter, Clif Mickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Clerk of the Board. Pledge of allegiance to the Flag of the United States of America. Invocation by Supervisor Lemke 77-302 APPROVAL OF MINUTES On motion of Supervisor Winston, seconded by Supervisor 11Mseley and unanimously carried, the minutes of February 8, 1977 were approved as mailed. 77-303 AMENDMENT TO MINUTES OF JANUARY 4, 19T/ n mot ono upervESOr gan,sacon ed by Supervisor Winston and unanimously carried, the m inutes of January 4, 1977 Item 77-7, amend to state that _ j~ie Bar~rar~ ~€zone was referrod back to Planning Commission, with a copy of County 77-303 n CODiN![iNICAfiI0N5 League of Women Voters. The League writes concerning the selection of Planning Commission members end suggests adequate open discussion of the ~/ ?j ,QQ. ~ qualifications of the applicants. Information. G. W. Consulting Engineers. The Engineers,•on the behalf of Sam Fortino, write concerning public Utilities Commission requirement for undergrounding ~ /3,L'~ of utilities at the Woodr4dgeSubdivisioa. Clay Castleberry staled they are requesting permission to have one unit with poles in air. See motion. Donald T. Comer, paradise. Mr. Comer writes concerning a land division on AP'S5-02-31 with regard to access to his adjoining land. Referred (,13.0'S to Planning Director for his comments. Frank G. Sennett, Chico. Dr. Sennett writes concerning his request to withdraw 'QQ ~3/ his property from the Land Conservation Act Agreement. Referred to committee considering these requests. Chalmers, Sans, Gardner, & Roggeveea, Attorneys at Law. The Attorneys, on behalf of Reclamation District No. 833, fotwarda aubatitnted pages to the District's Conflict of Interest Code and as'fa that the Board ~.~ Z 5 approve the substituted appendixes. See motion following ~ communications. Local Agency Formation Co®ission. The Commission forwards a letter concerning `' establishment of a germit system in•regard to certain annexation to / D C •T L the Oroviile-Wyandotte Irrigation District. To be discussed later in the meeting U. S. D. A. Forest Ser3~ce. Forest Service writes concerning the ordinance being proposed to replace Chapter 13 of the County Code (mining and o~i d •~ 0 reclamation) and recommends that the ordinance not apply to the national foreate. To be discussed later in fhe day. John L. Chambers. Appeal decision of Planning Commission to deny the application for ~ 3.~ Q rezoning from A-2 to R-3 for property on north side of Shasta Avenue, ~ east of Esplanade, Chico. Set for hearing on April 5, 1977 at 9:30 a,m. William Geddis. On behalf of Wynoka Homes, appeal portion of Condition +f7 ~ ~,~ 3• Zy~ set forth in the Advisory Agency's approval of Vista pal Cerro Subdivision. Set for hearing on March 8, 1977 at 10;15 a.m. John W. Schooling, Inc. Appeal decision of Board's Commission of SR zoning in 3 pQ the Stilson Canyon Rezone Appeal of Planning Commission Decision. t ~ ~ Set for hearing on March 22, 1977 at 9:30 a.m. Page 489 February 15, 1977 I~3.o 0 ~~o, a ~ ~,ds.od n February 15, 1977 p c m~ s s~ r s m a~ s a ~e ~ e n a s s s n a s m a m m m~ s n n a= James W. Bamford. Requests help in getting more equipment for the fire department in Cahasset. Discussed; referred to Bob Paulus for his recommendation. Cherries E. Harvey. Writes concerning development in Chico area. Copies given to Bon rd members. No action taken. Arthur Gotschall. Writes conceming claim for slander. Referred to County Counsel. Harold T. (Bizz) Johnson. Interstate Commerce Commission will now consider the merits of application either under the modified procedure or following an oral hearing. Referred to Clay Castleberry. Butte County Cattlemen's Association. They write in opposition to use of T4-5 solvex. Letter read by Chairman Richter. The Nine Northern Counties Supervisors Association has a hearing set up for discussion of this matter. Chairman Richter will give a copy of this letter to the Ag Commissioner. Don Shaffer, President, Board of Di sectors-Feather River Opportunity Center. Writes concerning the $2,500 required to be paid. Meeting to be ~a• .~ ~ set up with Supervisor Winston, Clay Castleberry and members of FROC 3 to discuss the situation. Copies of this letter to be forwarded to the Board members. 77-305 APPROVE REQUEST OF SAM FORTiNO RE UNDERGROUNDING UTILITIES AT WOODRIDGE SUBDIVISION On mot ono Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, the request of $am Fortino concerning public utilities commission requirement for undergrounding of utilities at the Woodridge Subdivision, to allow this one unit to have poles up in the air, was approved as recommended by Clay Castleberry, Director of Public Works. 77-306 APPROVE SUBSTITUTED PAGES TO RECLAMATION DISTRICT NO. 833 CONFLICTOF INTERESTCODE On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, substituted pages to Reclamation District No. 833 Conflict of Interest Code were approved. 77-307 SUPERVISOR MADIGAN: PRESEN~:4TION ON AVAILABILITY OP WATER Supervisor Madigan said t at t Board s ou isten to presentation of Dave Coleman ~ regarding the availability of water. Supervisor Madigan will request he wme up and present this information to the 8oaid. 77-306 AWARD OF BID: BITUMINOUS DISTRIBUTOR Drosc r Equipment 5a es of I~dding as submitted the low bid in the -- amount of $14,971.19 for the pu rchase of a 2,000 gallon bituminous (asphaltic oil) distributor to be mounted on an existing 1-0-wheel Public Works' truck. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, bid for bituminous distributor in the omount of $14,971.19 was awarded to Droscher Equipment Sales of Redding. 77-309 APPROVE PURCHASE OF VACUUM CLEANERS FOR BUILDINGS & GROUNDS The Buildings and Grounds Department requests the purchase of three vacuum cleaners at an estimated cost of $422 for use in County buildings. Funding will be provided by deferring the purchase of two electric hand dryers ($282) together with savings of $140 from •the purchase of other equipment. Page 490 February 15, 1977 ~-, ~-` February 15, 1977 e m c s a s s c a e o s s .e a m ae n s e e a m m a a e c m m e ec a a c On motion of Supervisor Winston,~seconded by Supervisor Lemke and unanimously carried, purchase of vacuum cleaners For Buildings and Grounds Department approved. • 77-310 APPROVE ACTUAL USE REPORT: REVENUE 5HARING The actual use report of general revenue sharing Funds far entitlement period seven for the period July I through December 31, 1976 has been prepared. D iseussed. On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, actual use report was approved and Chairman authorized to sign. 77-311 AUTHORIZE REFUND TO LOUISIANA PACIFIC FOR INDUSTRIAL ACCESS ROAD COST SAVE NGS ~~On motion of Supervisor Winton, seconded by Supervisor Lemke and unanimously carried, refund to Louisiana Pacific in the amount of $6,276.26 for industrial access road cost savings was authorized. 77-312 AUTHORIZE HOUSING AND COMMUNITY DEVELOPMENT REHABILITATInN GRANT Qn-motiocaof~ 5upervifonMos6leyy:~ee~ onded~y~Supeowasor Madgan'and unanimausly~arried;-~grant for.thc necessary and required work~at 2493 Elgin Street amounting to $100 approved. 77-319 ADAPT RE'S©LtJTiQN'77-24 ACCEPTING REVIEW APPRAISAL: HOUSING AND.COMMUNITY DEVELOPMENT ACQU151TlON REVIEW APPRAISAL REPORT T e review appraise of proposed rea property acquisitions fort South Oroville Neighborhood Improvement Protect has been completed. On motion of Supervisor Lemke, seconded by Supervisor Moseley and carried, Resolution accepting review appraisal for the South Oroville Neighborhood Improvement Protect (No. 77-24) was adopted and the Chairman authorized to sign. AYES: Supervisors Lemke, Madigan, Moseley and Chairman Richter Abstaining: Winston 77-314 AUTHORIZED LOAN FOR REFINANCING FIRST DEED OF TRUST: HOUSING AND COMMUNITY DEVELOPMENT AS5ISTANCE LOAN T e Loan Advisory Committee recommends a oan of $16,076.37 for property located at 2693 D Street, Oroville to be refinanced on an existing first deed of trust. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, loan for refinancing of first deed of trust for property located at 2693 D Street, Oroville was authorized. 77-315 DISCUSSION: LOCAL AGENCY FORMATION COMMISSION RELATING TO FULFILLMENT OF CONDITIONS ON PARCE! MAPS AND SAFE DOMESTIC WATER Local Agency Formation Commission ~epprts to the Board regarding LAFCO's fetters relating to fulfillment of conditions on pnrcel maps and safe domestic water. Letter canceming establishment•of apermit system in regard to certain annexation to the Oroville-Wyandotte Irrigation District also discussed. 1t was fe It that the Board should require that the annexation take plane, that it not only require the application For annexation. The letter from the planning Director recommends that the Board di~ject tAdvisory Committee to make sure that the age February 15, 1977 ~, r~ Febxvary 15, 1977 w a m w m a a m a a w w w w w m a w w s a w w a w a a w a m a m w s a a parcel is annexed before the final map is approved. The Board should adopt such a policy. Public Works concurs with this policy. The condition should state that the map will not be recorded until the property is annexed. [t was stetted that the developer could request annexation or that an agreement between the developerand the city could be approved. There should be documentation between the developer and the city. The policy should be that the developer apply for and that the jurisdiction in which he applies accepts his application prior to the recordation of the final map. Supervisor Winston suggested that Public Works and Planning meet with LAFCO representatives and bring back a written finding in Phis matter. Requests for permits and permit process for inspecting filtering devices that are connected with water systems discussed. Public Works and Planning will bring back a written motion on this process. The other letter requiring water and proof of water discussed. 7•here should be a policy requiring a water aystem before a parcel split could take place. Mr. Lawson will bring back a written recommendation on this. 77-316 ADOPT RESOLUTION 77-25 RECOGNITION OF SERVICES BY MARGE W[NDSOR On motion of Supervisor Winston, seconded y Supervisor Mdse ey and unanimously carried, Resolution 77-25 recagnitian of services by Marge Windsor was adopted and the Chairman was authorized to sign. 77-317 pUBLiC HEARING: NORMAN SOVEREIGN 8~ WM. A. MAYLAN APPEAL USE PERMIT DENIAL BY PLANNII~ COMMISSION TO ALLOW A CABINET SHOP ik AUTO PARTS STORE MONTANA DRIVE ~ SKYWAY, PARADI5E T •pu is eanng on t e Orman Sovereign and Wm. A. Maylan appeal of use permit denial by the Planning Commission to allow a cabinet shop and auto parts store on property zoned A-2 Ltd. located on the southwest comer of Montna Drive and Skyway, identified as AP 51-105-26 in Paradise, was held as advertised. Jim Lawson, Planning Director, set out the background of this appeal. The Board of Zoning Adjustment approved this rise permit. Hearing opined to the public. Appearing; I. Mr. Norman Sovereign and Bill Maylan. They are partners for this parcel. They stated that the opposition that was brought up at the Planning Commission meeting was primarily regarding the potential noise and traffic generation. Letters from people in the area stating that they do not oppose this use rend. Justification for the use permit set out. 2. Mrs. Howard Huff, Montna Drive; spoke in opposition. 3. Mrs. Jean Pestner, Paradise, spoke in opposition. 4. Mrs. Thomas McGill, Montna Drive, spoke in opposition. 5. Mrs. Janie Davies, Mantna Drive, spoke In opposition. Hearing closed to the public and can Fined to the Board. Supervisor Lemke,Ps~okek~~tnceming the permit which colts For onto parts February 15, 1977 rn. r^ February 15, 1977 e c a o c a e m c c c c a e s m m e m o a o~ p F m e e a m c c e m .s es store and a cabinet shop. It was stated that accessories to automobiles will be installed at this shop; it is not an automotive repair shop. There will be a fence around the 6aek yard. Access will be from the Skyway. Trees on property discussed. Mr. Castleberry assured the Board that they will save as many of the trees as they can save. On motion of Supervisor Lemke, seconded by Supervisor Winston and carried, use permit to allow a cabinet shop and auto parts store on property zoned A-2 Ltd. located on southwest corner of Nbntna Drive and Skyway, identified as AP 51-104-26 in Paradise was approved; appeal denied, with the finding that a negative declaration has been filed, subject to the conditions. AYES: Supervisors Lemke, Madigan, Moseley and Winston NOES: Chairman Richter 77-318 PUBLIC HEARING: JAMES SELKEN-APPEAL OF REQUIREMEN'S ON TENTATIVE PARCEL MAP CALLING FOR INSTALLATION OF CURBS, GUTTERS AND SIDEWALKS, AP 31-232-05, 2 LOTS, SOUTHWEST CORNER OF TEHAMA AVE. (ABANDONED) & 7th 5T. TWERMALITO e pu is aring on the James Selk~appeal of requirements on tentative parcel map calling for installation of curbs, gutters, and sidewalks, AP 31-232-05, 's 2 ~ dots, southwest corner of Tehama Ave. (abandoned) and 7th St., Thermalito, was held at this time. Clay CasNeberry, Director of Public Works, set out the ba~k- ground of the conditions. He feels that the condition requiring the curbs, gutters and sidewalks should be retained. Hearing opened to the public at this time. Appearing: 1. Bill Geddis, representing James Selken . He felt the Board should review its policy about the requirements for sidewalks in the Thermalito area. Requirement for the improvements discussed. Supervisor Moseley stated that there were not many people in the Thermalito area that walked; the children took the sehoo! bus. Chairman Richter said he wished the Board would develop a policy to require rural improvements and stick with it. Supervisor Winston agreed that the Board should Formulate a good fast policy. This parcel could be approved with the understanding that a policy will 6e adopted in a short time. Hearing closed to the public and confined to the Board. On motion of Supervisor Moseley, seconded by Supervisor Lemke and unanimously carried, the James Selken appeal of requirements on tentative parcel map calling for installation of curbs, gutters and sidewalks was upheld, with the understanding that this Board will look at a policy for the requirements for installation of .curbs, gutters and sidewalks in the rural area in the near future. Chairman Richter appointed Supervisor Winston and himself to sit on a committee with Public Works to come up with a policy far the requirements of curbs, gutters and sidewalks. Page 493 February 15, 1977 ~. ~ February 15, 1977 m m a m m e f. m e m a m m c m e e e .s m e s m m m e m m m ~e e e e m m a 77-319 APPROVE LAND CONSERVATION ACT APPLICATIONS Agreements have bean prepared for 40 Land Conservation Act Applications which have been reviewed and recommended for approval by the Committee. On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, tha following Land Conservation Act appliootion agreements were approved and the Chairman authorixad to sign: -. ., , ~ ~cr es - - - . . .,., ,Aimaat Orch~rd~~ tnc.. . 407+ ~ ~ .~ . ;~ Baksr~: Caleb g idi].ea ~ .. 404 • ~- i$enaett, Frank ~ Max3.on - ~ _ 166+ - •_ _ . BeI't8$LB. OrCI182'd8 ~ ~1C. _ 1Z~F+ Bollerud, 8817daa is ~ Aaa . 8rsytoa, 8,obert A Raney 1? .. lgrsytoa, R. L !7: and flint, J. L D. 454 . ~ _ -. Ca:miehael, 1'ruaeis L. 5,43~r . Cooper., Jaseph M.~ et al 181 Crane,.Raymoad R. et al 754 - Decker. Tiar2, Q Lela 125+ .. Draper, Lva J. kl t Ed Dutro Corporation ~ 756+ EricZcaoa, ilaJne R. 234 ~ . Farber, $taaley & ~~ Ana 120 ~ • Foster, Carol f,L~'etate of L. E. Hheelock) 24?r G & K Reaches {Herald Opea6hav) 20 - l3argaa, Jahn & Lillisn - 12d ' Garner, .1'a1r & Darathy ~ 2, 71134 ailmAn, Clareaee A. A Fesye 361 cia,~la, Riehara A Edith 80 Henaeman, Ifugrens >k Leack 407, T,svis~ James k Shirley ir~; Lewi.a, James R. Orchgrrla~ Inc. 655~r Lewis, Sam Q. Raaehee, Ise. & i3. Churchill 20 . Leyie, Sam t}. iihaches, Inc. 171+ Cavils, Sam d. & $on 2180 Levis, Sammy 20 lllai.er. Cornell C. 1204 • IKontgomery, Fredericis $. 76+ Paivet Errelfna E. 143 Pyle, Raymoa & Reta Belle .. 7g+ i2etzsr, Y. >li C. sad Peterson. 8. & 8. 5$4 ' Raney Lead sad Cattle, Ins. . _ `. - .- r 41$+ -- -- -- - f Sammie, Bay Lewis x0 ,$chwaacher, Donald & Betty 60 ' I Shelton. John & Frances ?5+ Shimizu Sroa., Inc. ~ ?57+ Simmons. James S. et el 5.748+ j lfilson, &taaell &_Leola 2$0 . • ~ ~ Total 20,002+ ~ ' Page 494 February 15, 1977 ~~ ^ ••• February 15, 1977 s .s x ~e s e s m a n s m a s s~ a -m a sa .a s m x e e s 'x m s x x w e c x 77-320 DENY LAND CONSERVATION APPLICATION-HOWARD DUENSING, ET AL The Land Conservation Committee recommends denial of the application as two parcels are timberland and the remainder of property does not neat minimum - acreage requirement. On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, Land Conservation application of Howard Duensing, et al denied, as recommended by the Land Conservation Committee. 77-321 DENY LAND CONSERVATION APPLICATION- W. GUY LAWRENCE T e omm~ttee recommen s ema as property is hm ran Committee recommends $25 filing fee be refunded as filing was prior to the timbermountain preserve legislation of 1476. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, the land conservation application of W. Guy Lawrence was denied and return of filing fee of $25.00 approved. 77-322 DENY LAND CONSERVATION APPLICATION -HAROLD KENNEDY T Committee recommen s dente o app ication as t contract is not complete and propsrry is not intensively farmed or suitable for grazing and property does not conform to agricultural preserve criteria. On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, the land conservation application of Harold Kennedy was denied, as recommended by the committee. 77-323 DISCUSSION: REMOVAL OF LAND FROM WILLIAMSON ACT Supervrsor mston state e a receive a otter rom a real estate firm about the removal of land from the Williamson Act. He will give the Board members copies of this letter. He suggested that someone prepare a summary to follow for people who would like to remove land from the Williamson Act. Copy of this letter will be forwarded to Mr. Bandy for his study and consideration. RECESS: ID;28 RECONVENED: 10:30 77-324 PUBLIC HEARING: E~. AA. WEST, APPEAL OF USE PERMfiT'TO ALLOW SEPTIC TANK SYSTEM & PARKING ADJACENT TO BOWLING ALLEY: PARADISE e pu is aring on t E. est appsa o o use permit approval by the Planning Commission to allow septic tank system and parking for an adjacent bowling alley on property zoned A-2 Ltd., located on the north side of Wagstaff Road, approximately 250 ft. east of Clark Roads identified as AP 50-172-13 and 14, in Paradise held at this time. Mr. Lawson stated that there is o negative declaration on this use; there might be a slight deterioration of the air quality due to the increased traffic. This declaration should be adopted. This use permit was approved by a unanimous vote of the Rlanning Commission. Background of this appeal set out by Mr. Lawson. Hearing opened topeh ep~~~ic. Appearing: B February 15, 1977 ~ ~. February 15, 1977 a a o m m a m a a a a m a m m m m m m e .x G ra m m w re e w m a a m m m a I. Brian Rixr representing Paradise Recreation Corporation, a private corporation, and requested that the appeal be denied. Hearing closed to the public and confined to the Board. Petitions filed with the Clerk. On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, appeal denied, with-the notice that a negative declaration has been ~ftled, and subject to the following conditions: 1 Subject to granting easement required on AP 50-172-14 far sewage disposal. Subject to finding by County Counsel that a valid drainage ease- ment had been accepted from the northeast corner of the property, and subject to the Department of Public Works' approval of plans and installation of required facilities. Subject to Health Department's approval of septic plans and installation of required facilities. Applitant must also comply with a31 other applicable statutes, ordinances and regulations--both local and State. 77-325 RESOLUTION fi7-26(a) ADDPTED: AUIHORIZiNG LOCAL FUND: JUVENILE JUSTICE PLANNING T oea Criminal Justice Plpnning Board is requesting $817 local match money which would make them eligible for $7,350 in order to provide for the development of a juvenile delinquency'plan for this region. Howard Casagrande and Chief Wes Barrett, Chairman of the Ekecutive Committee, were present to discuss this plan. This plan is for juvenile delinguenc~ prevention and it will administer juvenile grants. They will be able to assist the Administrative Officer with coat listing fos AB 3121. This would prepare a guidline for the plan. Another plan is due in isay. Plan discussed. Chief Barrett stated that statistics have to be filed showing the coats to administer AB 3121. On motion of Supervisor Lemke, seconded by Supervisor Madigan and carried, Resolution 77-2b(e) authorizing local funding for Juvenile Justice Planning was adopted and the Chairman authorized to sign. AYES: Supervisors Lemke, Madigan, Winston and Chairman Richter NOES: Supervisor Moseley. On matian of Supervisor tiTinatoay seconded by Supervisor Madi„gan•snd unanimously carried, the following budget transfers were approved: B-.7$ Planning Commission. Transfers X200 from salaries and -.ages to extra help in order to provide an additional appropriation for extra help dun to staff vacancies. B-79 Biggs Judicial Covet." Transfers ~5 from out of connt~ travel to memberships in order to provide an appropriation for membership in the Municipal Court Clerks Association. - ~~ L4~0 TJV February 15, 1977 Page 496 ~ ~, o a ~ ., ~ ... p m s ..Feb."=r~' 15A :977a . ~ . - - - - ~ e Q .. 77-327 QUESLIONNAIRE ON PUBLIC TRANSIT NEEDS FOR URBAN AREA OF CF[ICO Clay Castleberxy, Director of Public Works, stated that the Chico Public Transportation Committee have been working oa a questionnaire concerning public transit needs for urban area of Chico. Board attention is needed relative to a fund traaefer for postage and printing of the questionnaire. Burt Brockett, Cal Tran, Marysville, sad Jerry Lammer were also present and stated they have bees trying to study the potential of transit needs for the Chico arse. Transit Cystem explained. Mr. Lommar presented Board members copies of the questionnaire. Questionnaire discussed. Chairman Richter questioned Mr. Brockett about the questionaaira, stating that there might be a need but is the system desired. It will still sot be known if anyone will ride the system if it is set up. Chairman Richter stated th~~,have a program in Chico to deal wlth ona~of the worst treasportatioa systems, that ie for the elderly. A study is being made for one in Paradise end Oroville. Be does not think the system is going to get peogle out of their cars to ride the buses. It was moved by Supervisor Winstoa~that the transfer of funds is the amount of $2,200 for printing amd postage for mailing the questionnaire be approved. Motion died for lack of s aecoad. Chairman Richter questioned the mass mailing of the questionnaire. Questionaire•to be takes bank to the Committee with the request that 1t be written better. Ridership questions should be included in the questionnaire. 77- 28 BIDS: UPPER RIDGE FIRE AT ON Bids'~or the Upper Ridge Fire Station were opened in the conference room. Clay Castleberry, Director of Public Works, will report back to the Board next week on the bids. 77-329 APPEARANCES JESSIE JAMBS. CRICO Jessie James, Chico, stated he had been elected to the E.O.C. Board for the low income district. He requested a vote of confidence in the development and services for the low income people. 77-~~0 APPEARANCE: ORRIN STRATTON Orrin 'Stratton, President of Butte County Taxpayers Assaciatioa, stated he wee present today concerning the tax situation between the City of Chico and the County. He commended the Board oa their action to determine the liability in the matter. 77-'~31 APPEARANCE: JIM LENHOFF Jim Lenhoff, Oroville, coamnented on the mining ordinance. Supervisor Winston asked Mr. Lenhoff if it would be possible for him to sit down with someone appointed by the Chairman , sad with County Counsel to discuss this ordinance. Supervisor Madigan stated that until the regulatioas•are officially issued by the State, the Board should not act oa•the gxdinance. Supervisor Lemke will meet with County Counsel and Mr. Lenhoff end go over the mining ordinance and bring back a recommendation to the Board. Page 497. February 15,1977 /"~ /~, February i5, 1977 m m m a m m a c x~ r m w a r m m a m w r m w m m m w m m r r r w r m w 77-332 APPEARANCE: 3AMES HANSON, OROVILLE 3ames Hanson, Oroville, also spoke concerning the mining ordinance, tie stated he would like to be on the committee to go over the ordinance. Set out his background that he felt would help him oa this committee. 77-333 HEARING'3ET: F. C. BRAZELL, FR[iZONB FROM S-R TO R-4 FOR PROPERTY ON NORTH SIDE OF CHRISTI LANE,_EAST OF COHASSET ROAD, CHICO A hearing was set for March 8, 1977 at 10:00 a.m. for adoption of negative declaration For the F. C. Brazali, Project ~1k77.43 rezone from S-R to R-4 for 0.13 acre, more or lass, located on the north aide of Chxisti Lane, approx. 380' east of Cohasaet Road, identified as AP 48-33»33 (portion), Chico. Negative declaration must be adopted before March 11, 1977. 77-334 ADOPT ORDINANCE 1796 REZONE FROM INTERIM TM-20 (TIMBER MOIINTAIN- 20 ACRE PARCELS) EAST OF VILA9 ROAD. COHASSET The continued bearing on the Martha R. Grage, et al rezone from interim TM-20 (timbax-mountain-20 acre paxcela) for property generally located east of V11as Road, approx. 1 mile north of Ponerosa Way, containing~255 acres, mare or less, Cohasaet. Hearing closed and action taken. On motion of Supervise' Winston, seconded by Supervisor Lemke and unanimously carried, Qrdinance 1796 adopted, Chairman authorized to sign, with the finding that this is necessary to protect the integrity of the area; that it is presently in en interim zoning, that iC is in conformace•with the General Plan end that a negative declaration has been filed. 77-335 CONTINUED HEARING-MARY VAN GILDER, ET AL, REZONE FROM INTERIM R 1 (SINGLE FAMELY RESIDENTIAL) TO A-R (AGRICULTURAL-RESIDENTIAL) FOR PROPERTY LOCATED BETWEEN i2th STREET AND 14th STREET,~SOUTH SIDE OF GRAND AVENUE: CONTINUED TO MARCEI 16. 1977 at 9:00 a.m. The continued hearing~on the Mary Ven Gilder, et al rezone from interim Rr1 (single family residential) to A»R (agricultural~residentiel) for property located between 12th Street and 14th Street on the eauth aide of Grand Avenue, containing 26 acres, more or less, was continued to March 16, 1977 at 9:00 e.m. 77-336 HEARING SET FOR •~•~N'~'S OF GENERAL PLAN A hearing date was set for March 1, 1977 at 1:00 p.m. to hear the four elements of the General Plan. 77-337 PUBLIC WORLtS ITEMS APPROVID: ADOPT RESOLUTION 77-26(b) On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the following action was taken: 1. Accepted Arrowhead-Drive into the County maintained system a nd authorized Public Worke Director to accept and record deed, subject to delivery of deed to Public Worke for recording. 2, Approged agreements for eels for right of way acquisition, authorized Chairman to sign and authorized Auditor to issue warrant ugon demand of County's escrow agent for followi~ag: Lassen Avenue A.D. C. A1ldxin 'Easement $ 100 No Impr. $ 100 Clark Road 57452-74-1 PE.Maita 0.117 $2,549 -- $2,549 Page 498 February 15, 1977 r`- ~ February 15, 1977 a n +s m m ~ ^r a a a m m m m m a m m s e m m m e m a a e a m a m a a a m 3. Approved Table•Mountain Boulevard-8eather River Bridge agreement, authorized Chairman~to sign aad authorized Auditor to forward warrant in the amount of $19,500 when CALTRANS submits billing. ~7. Adopted Resolution 77-26(b) deleting portion of Oroviile- Quincy Highway from federal aid system and authorized Chairmen to alga. 5. Approved acquisition of construction office trailer from CALTRANS at a coat of $875, which includes towing to Oroville, and authorized transfer of funds from road reserve to equipment acquisition. 77-338 AFFTRM REQUEST FOR IMPROVEMENT5, TEAGUE-MURPHX U5E PERMIT (GLENWOOD AND STATE ROUTE 32) Public Work'e-requiremeats placed upon Teague-Murphy use permit in Glenwood Eatatea and State Route 32, Chico discussed. Background set out by Mr. Castleberry. Mr, Castleberry felt the improvements should be required, but that Chey could be delayed for a period of time. Mr, W. E. ldorphy, Chico, owner of the property, stated that they are requesting that the sidewalk not be required at this time, Iastallationa discussed. The request of Public Works is to construct curbs, gutters, sidewalks and the road requirement. It was moved by Supervisor Winston, seconded by Supervisor Madigan and unanimously carried that the request of Teague-Murphy for a delay in the installation of the improvements be approved, and a twelve month delay in the installation of the curbs, gutters, sidewalks and road improvements dbaa;rp¢r6ved, commencing today. Delay discussed. On motion of Supervisor Winston, aeconddd by Supervisor Madigan aad unanimously carried, the above motion was amended to allow a 18~month delay for the installation of the improvements. 77-339 APPROVE GATF3 FEE CHANGE FOR~PICR-UP TRUCKS-ORB RANCIi ROAD TRANSFER STATION Time spent discussing the Melvin Morrig~ request for gate fee adjustment at Gridley refuse transfer station. Request ie that he be allowed to collect $2,00 if pick-up is level full. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, gate fee change for pick-ug trucks loaded level full to $2,00 for Ord Ranch Road transfer station was approved. 77-340 APPROVE ADDITIONAL BUILDING ~SPECTOR Due to increased workload in the Orovilie area end remainder of County, Public Works requests Board establish two additional building inspector II positions. Request discussed. Oa motion of Supervisor Moseley, seconded by Supervisor Lemke end unanimously carried, twa additional building inspector II positions were approved for Public Works. 77-341 TNFORMATTON AND_DISCUSSION ITEMS Report to Board on Andrew Roaseno-notice of violation. Mr. Castleberry explained this violation. Parcel was created by some question; Public Works is requesting the filing of a notice of violation oa the property. Mr. Ceatleberry.is trying to contact the Page 499 February 15, 1977 n February 15, 1977 c c ro s c a m c m c c c s a m m a m m a o m m m m m n c s m m a v m v m person that sold the property to the present owner and determine if something can be worked out. b. Land development division activity. They are using full time extra help person to process the maps; they have to work over time. c. Sacramento River aerial photos. Mr. Castleberry stated they aaw•have the aerial photos and will make them available to the public. d. Special earthquake study zone. The State has determined that the Wyandotte-Minera'Ranch Reed is in the Cleveland Hills Fault area. There can be no more development there unless the purchaser is informed of the restrictions. e. Road tour will be made with Board members on March 3, 1977 following the LAFCO meeting. f. Public Works is going to open bide on the Lower Honcut Road next week. g. 5UDAD. Damage to the levees explained. This will be a cost to the people in the district; Mr. Castleberry ie going to try to get help from the Sheriff to stop this damage from occurring. Supervisor Lemke gave a•follow upon the activity on Lower Clark Road junk yard. Mr. Yocum is cleaning the yard up•and hauling the junk off the premises. 77-342 DI5CUSSION: ESTABLTSHMENT'OF FEES FOR BINGO LICENSES Establishment of fees for Bingo licensee dlscuased. The Sheriff has suggested a fee of $50,00. Clif Nickelson, Administrative Officer, felt this fee was large. Board members requested that Mr. Nikkelson will check with the City and will bring back a recommendation next week. 77-343 ORDINANCE AMENDING ARTICLE V OF CHAPTER 21 OF COUNTY CODE: AUTHORIZING REASSESSMENT OF~PROPERTY DAMAGED OR DESTROEED BY MISFORTUNE OR CALAMITY; PUT OVER ONE I1EEK At the request of County Counsel the ordinance amandiug Article V of Chapter 21 of the County Code authorizing reassessment of property damaged or destroyed by misfortune or calamity put aver one week. 77-344 WAIVE FIRST READING: ORDINANCE ELIMINATING PLANNING COMMISSION TO BE AN APPELLATE PROCESS FOR USE PERMITS AND VARIANCES On motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, the first reading of ordinance eliminating Planning Commission to be an appellate process for use permits and variances was waived. 77-345 RESCHEDULING OF C~ CO TO VINA CANAL ISSUE MEE'PINGi MARCH 2, ~:~ g,ms The rescheduling of Chico to Viva Canal issue meeting set for March 2, 1977 at 7s30 p.m. 77-346 APPROVE APPOINTMENTS TO GRIDLEY/BIGGS CEMETERY DISTRICT & BUTTE CREL"K DRAiNA~E DISTRICT On motion of Supervisor Moseley, seconded by Superrisor Wiaetoa and unanimously carried, the•$oard approved the recommendations and approved the following appointments: Page 500 February 15. 1977 ~, ~ m s s c a= .a r m .~ r sF~bsu~r~ ~5~ ~9~7a s r r r r r r r r r s r r 1.; Lpweil P. .Sing appointed to fill vacancy on the Gridley/Bigga Cemetery DiaCrict Board of Trtrsteea,•for an indefinite term. 2., Lance Tennis appointed to fill the vacancy an the Butte Crehk Drainage M strict, for •a term of one year or until a successor is elected. :• 77- APPO S TO EME ENCY MEDICAL SERVICES COMMITTEE Appointments to Emergency Medical Services Committee put over one week. 77- UEbTIONNAIRE ON POTENTIAL AB 3121 LAW •SUIT:•LETTER TO BE WRITTEN Dae#'Biackstock, County Counsel, said this questionnaire on •potential AB{3~21'law suit was for information. ,Supervisor Madigan stated that SAC would like response on this questionnaire. Onl~motion of Supervisor Madigan, seconded by Supervisor Lemke and uaenimov$ly carried, a letter was authorized~to be written setting out the Board's o6ition regarding the queationaaire!on potential AB 3121 law suit, anc~~Chairman was authorized to sign said letter. 77-349 niSCUSSION• A-40 SET BACK REQUTREMEN'TS OPINION Dan Blackstock, County Counsel,'etated:he had sent Pvb13t Works and Planning an opinion concerning A~40 set back requirements. He set out a~diagram on the Board to explain hie;opinibn. Explained his oplnion.!•tf Board wants this modified, he•wil submit an appropriate ordinance. County Counsel idstructed to prapare~an ordinance and bsiag back fdr Board consideration. RECESS: TheiBoard recess at 12s05 for an executive session. RECONVENED: ~T~e Board reconvened at 1.55 fallowing an executive session. ;Three persona were 'interviewed at this session for E. R. Coordin- ~8tor. Another person will be ;interviewed tomorrow morning. 7T-x,,50 APPROVE COUNTY COUNSEL*B~CONTRACT Ongmotion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, County Counsel, Dan Blackstock, contract for an additional four-year terms was approved, effective March 1, 1977, with the and$rstanding that in the future reconsideration of County Counsel's contract would be taken during August prior to the termination date eo heat the Board that worked with him could consider hie re-appointment. 77-~~ AUTHORIZE WORK FOR REMODELING OF WELFARE On~motion of Supervisor lladigan, seconded by Supervisor Lemke •and unanimously carried, the:Boerd authorized the expenditure of $3,240 for installa~inn of six-inch fibreglass for repair to Welfare Department due to fire damage. 77- 2 APPROVE HIRING OF SPE L9LIST ON FIRE HYDRANTS FOR STUDY Onimotion o£ Supervisor Winstan,•eeconded by Supervisor Lemke and unanimously carried, approved Bob Paulus~s request to hire Mr. Hennessey specialist ~~~--;fire hydraate,~to.make a study on fire 'hydrant spaintenance, at a cost ofl$35.00 par day, plus travel expenee. RECESS: Rsclesed at I:55 to reconvene at 8:00 p.m. in Paradise far he~ring on street name changes in Paradise. ,. Page 501. February 15, 1977 i'"~ ~ i C C i i O .i G >F F .[ei~aiyili~ili li 111E i !C i i C 6 i i O i i i i RECONVENE: 5:00 p.m. 77-353 PUBLIC HEARING: .PARADISE STREET NAME COMMITTEE HELD AT'PARADISE MEMORIAL HALL. PARADISE. CALIFORNIA. • The public hearing on the Paradise Street name changes was hetd as advertised. Chairman Richter set out the background of the street name changes.The changes are necessary for the protection of the health, safety and welfare of the people. The•ohhngesevill aid emergency vehicles and the rural route numbering system be be done away with. Hearing open to the public. Appearing: 1. John To11e, Paradise Dire Department. Mr. Tolle set out the reasons that some of the~chaages are necessary. Thera are several problems with emergency vehicles getting tb'the proper streets. Many of the street ere nor connected and it makes it very difficult fog emergency vehicles. The numbering system is also a problem for emergency vehicles. Mr. Tolle eat out examples of whet had happened when there were duplicate street names. 2. Mr. Lathrop, Postmaster. Mr. Lathrog stated that he agrees with the need for the changes. Chairmen Richter stated that there are 54 street names that have bean proposed for change. Bob Malquiet, Public Works, set out the proposed road name changes. In addition to the 59 road names there are two other roads to be considered. They are North, South and Middle Libby and the portion of Wegstaf# Road west of Oliver Road. 3. Mrs. Illgen, Bills Road Extension. Mrs. Iligen asked what was going to happen to Bills Rosd Extension. There are two different parts of the road and they do not meet. Mr. Malquiet stated that the smaller portion of Bills Road Extension was being ccnsidered for change to Mt. View. MosC of the name changes that are proposed were submitted by the people living on the street. It is better £or the residents to come up with the name for their own street. Several people from the audience spoke concerning the street name changes. Discussion of changing parts of Wagstaff Road had at this time. It was felt that Wagstaff Road should be corrected at the seine time as the other changes are made. 4. Helen Kirk, Paradise Street Naming Committee. Mrs. Kirk stated that the committee had done what it set out to do. Discussion of Libby Road had at this time. The Committee recommended that Middle Libby Road be changed. North and South Libby Roads do not meet. Supervisor Lemke stated that there will be a central department in the Public Works Department to handle street naming in the future. fox the 5• Mr. Saxberxy. Hr. l7axberry stated that he 4:as Che developer Woodbrook Estates Subidivisian arhiah had beam accepted by the County Page 502. b'ebruary 15, 1977 ~_.._ T -... ~ Februar~r p5~ 1977a v v a a v r a a ~: m r a .... s ra a c x c e v v a a v and that the•roads had been dedicated. Mr. Saxberry a:as opposed to the change•of Brookside Drive. 6. Mr. I11gen, Bills Road Extension. Mr. Illgen etatad that the smaller of the Bills Rued k5cteasions should be changed. Supervisor Lemke stated that he would like to express the Beard's thanks the the Street Naming Committee £or all of their efforts. They met 16 different times and expended G48 hours of time. The committee worked for $15.70 which was donated by the Community Souse. Mr. Malquist etatad that as soon as a numbering system is devised that the numbering will be done and the street name changes can be implemented. There Will be a public hearing held at that t9:me. $EC88S: The Board recessed at 4:35 p.m. to reconvene oa iiednasday~ February 16, 1~ 1976 at IOSZQ i.m. February 16, 1977 RECONVENID: The Board reconvened at 10:20. Present: Supervisors Madigan, Moseley,c#ad~Gl~a~rman ~i~f-~lter,•,~i•f~•-~°.-:'+F• F~-s•.~.~ RECESS: The Board recessed at 10:1 to go inYO Executive Session. RECONVENED: The Board reconvened at 10:50 following an executive session. 77-.~54_ADUPT RESOLUTION 77-27 S~.TTING FEE FOR BINGO LxCENSES Mike Pyeat reported on fees for bingo licenses. City of Oroville charges $50.00 for fee. Sheriff has recommended that the County of Butte also charge $50.00 for this fee, Chico and Biggs do not have a bingo ordinance. Ehn motion of Supervisor Madigan, seconded by Supervisor Moseley and carried, Resolutioa•77-27 setting fee for 61ago licensee was adopted and the Chairman authorized to sign. AYES:.Supervisors Madigan, Moseley and Chairman Richter ABSENT: Supervisors Lemke asm8l~as'trn~. c1"CST1sIA~NG2 fiiperv3sor winsturt° 7 cnasrmea xicnter appointed a committee•of two Board members, Supervisor Lemke and himself,~to study the elements that are before the Board, amd to be heard on March 1, 1977. They could make their written recommendations to the Planning Commission next Thursday. ADJOLtt2t~fEN'P: There being nothing further before the Board at this time, the meeting was adjauraed at 11:00 a.m. to reconvene oa Tuesday, February 22, 1977 at 9:00 a.m. ATTEST; CLARK A. NELSON, COUNTY CLEIjIC By= Chairman of the Board Clerk of a card Page 503. February 16, 1977