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HomeMy WebLinkAboutM021875r"'~ ~`'• February 18, 1975 STATE OF CALIFORNIA ) SS. CDI]NTY OF BUTTE ) The Board o£ 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, sad Clark A. Nelson, County Clerk, 6y Margie Catt, Board of Supervisors Clerk. Absent: Supervisor Madigan. Pledge of allegiance to the Flag of the United States of America, 75-267 APPROVAL OF MINUTES n mo on o upervisor McKiilop, seconded by Supervisor Cameron and carried, thhhe minutes of February Ii, 1975 were appooved with the amendment tnda~`~geY--Fie rin hs~€i~~r ~arc~i°TLl~~ibruary nth, are set far Martin-March 4th 75-~ba coMMUN1c~TIO~s Norman Merolla, Mica.. Mr. Merolla writes regarding the Beards denial of his appeal for s variance and states that his application and $50 ~~~,00 fee to apply for such variance should not have been accepted if the variance could not legally be granted, and requests return o£ the $50 fee. Discussed; referred to Countq iCovnael for answer. It was suggested that criteria be set out about the fees not being refundable. Delores Dickens, ParadLse. Mrs. Dickens writes in opposition to the proposed r~3 o a trailer park on Chapparal Drive off Neal Road, Information only. Jim Rackerby, Oroville. Mr. Rackerby submits his resignation from the Board of Directors of the Oroville-Wyandotte Irrigation District effective ~ o p•S~ February 15, 1975. Discussed. Resignation will have to be accepted end an appointment made Co fill the vacancy. No action at this time. Mulkey, Aisthorpe and Kelly, Chico. The Attorneys file claims against the /a B,Z~ Countq on behalf of Harold A. Belknap and Ethel Belknap. See motion following communications. First Baptist Church, Oroville. Richard A. Uzzel, pastor, invites the Board to share is the activities commemorating his church's fiftieth anniversary, and extends an invitation to the Chairman or a representative of the Board to be a guest at their anniversary luncheon. Chairman Ladd stated he would attend. Letter referred to Chairman Ladd. Family Service ss'-' oT- c"" cation, Chico. The Board of the•Butte-Glenn Family ~ p Service Association express appreciation for the facilities for `~ h 5• counseling on Del Oro Way provided by the County. Letter of thanks; no action needed. Human Rights Advisory Council, Mr, Leland Kent, chairman, calls attention D ~ to recant flooding in Thermalito, Oroville and Palermo areas, and Q d' the dangers to safety and health of the Iow income, elderly and minority people which result therefrom. Discussed. Referred to Mr. Castleberry to answer. Chico Republican Women Federated. The Federation sends copy of a resolution re illegal aliens receiving welfare under the recent ruling of r pE.~ ~' Superior Judge Irving Perluss of Sacramento. They urge the Supervisors to join State Welfare Director in an appeal to overturn this ruling. Board has taken action on this previously; no action taken at this time. League of Women Voters of Butte~County, The League is presenting a public program on "Air:Pollution in the Sacramento Valley" on Monday, A O February 24 in Chico, and extends an invitation to attend. / D~• Information on~y. Page 108. February 18, 1975 ~ !'~~ February 18, 1975 m m r a s m r e ss ~ a o m a s r a r s e s o s e a m ~s s a r s s m ~ r u r .f City of Chico. Mayor Ringel expresses thanks to the Board's indicated intention !tl 0 ~ ~ to hold special meetings in Chico. Letter of thanks; no action needed. City of Gridley. The City sends notice Chat the Council of the City of Gridley p D has authorized continuation of the Olympic Swimming Pool - County '~ 3 ~' Service Area No. 34 agreement for the period July 1, 1975 through June 30, 197fi in accordance with paragraph nine of the agreement. Discussed; see motion following communications. City of Sonoma. The City forwards its Resolution No. 8-75 requesting support for SB312 (Dunlap) which temporarily excludes any person employed ~ ~ G .Z 1' in s work experience program, pursuant to the federal Emergency Jobs and Employment Assistance Act of 1974 with respect to such service from the California Public Retirement System. Present policy explained by Mr. Nickelson; sea motion following communications. Senator Nate Holden. Senator Holden forwards copy of his bill SB234 which would change the law and require juveniles committing certain crimes ~ to be tried as adults. He requests information as to the Board of ~p~y Supervisors' position on this bill prior to its hearing before the j Senate Judiciary Committee on March 3. Mr. Nickelson will obtain more information regarding bill; discussion to be held next week. State Department of Transportation. The Department states that the rules and regulations £or the Rural Highway Public Transportation Demonstration p ~ Program previously forwarded for comments from the counties with ~00' due date of February 6, 1975, has had the deadline for comments extended to April 5. 1975. Letter discussed; Mr. Castleberry will invite representative to speak at next BCAG meeting. Sacramento District Corps of Engineers. The District Engineer responds to the a ~ Board's letter of January 7 regarding deposition on emergency bank ~{(Z~ protection for the proposed county road sear Sacramento River Mile 194. Discussed; no action taken. Mark Sanders, Executive Secretary, California Manpower Services Council. ~ C 3.~ Letter of thanks for submitting modification of the Tit Le VI grant application. Information; no action needed. Supervisor Jack Madigan. Card from Hawaii. Paradise Safety Council. Letter of thanks for the outstanding offered to a. f 00 ~~ ~ Paradise during the recent storm. 75-269 REJECTION OF CLAIMS: HAROLD & ETHEL BELKNAP On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, the claim of Harold A. Belknap in the amount of $500,000.00 and the claim of Ethel Belknap in the amount o£ $250,000.00 was rejected sad referred to the County's insurance carrier. 75-270 AC~tOIdLEDGE & AGREE TO CONTINUANCE OF AGREEMENT WITH CITY OF GRIDLEY FOR OL~IG `SFTI2~ASING POOL, COUNTY _SERVICE AREA N0. 34 On motion of Supervisor McKillop, seconded by Supervisor Richter and carried, the Board acknowledged the notice from the City of Gridley and agreed to the continuation of the Olympic Swimming Pool-County Service Area No. 34 agreement for the period July 1, 1975 through June 30, 1976, in accordance with paragraph nine of the agreement. 75-271 APPROVE LETTER OF SUPPORT OF CITY OF SONOMA RESOLUTION N0. 8-75, REQUESTING SUPPORT FOR SENATE BILL 312 (Dunlap) T' On motion of Supervisor Cameron, seconded by Supervisor McKillop and carried, the Board approved a letter in support of the City of Sonoma's Resolution No. 8-75 requesting support for 58312 (Dunlap) which temporarily excludes any person employed in a work experience program, pursuant to the federal F]vergency Jobs and Employment Assistance Act of 197k with respect to such service from .the California Public Retirement System. Page 109. February 18, 1975 ~`• r'"'` February 18, 1975 a a s s a c c a m s c a 4 w s a a s a s a w w e +~ w w w w w w w w w w w w 75-272 ITEMS DECLARED SURPLUS PROPERTY ~ AUTHORIZE PURCHASE OF EQUIPMENT FOA WELFARE On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, the following action was taken: 1. Declared items in the Treasurer's office that are no longer needed or suitable for the Treasurer's operations surplus property sad authorized disposal by the Purchasing Officer. 2. tufihorized purchase of six used tab lea at $100 plus tax for the ~lelfare Department. 75-273 AUTHORIZE PURCHASE OF EQUIPMENT FOR MANPOW~R_PROGRAM. TITLE VI GRAND Mr. Nickelson stated that Board authorisation is requested to purchase equipment for the CountyGovernment Manpower Title VI grant. Purchases will be from the granC funds and the equipment will be federally owned. Mr. Nickelson did not think that any of the items from the Treasurer's Office could be transferred to this program; he explained this statement. Request discussed. On motion of Supervisor Richter, seconded by Supervisor McKillop and carried, purchase of equipment for Manpower Program was authorized, from the grant funds. 75-274 APPROVE PRISCIPLE OF SINGLE ALARM TERMINATION SYSTEM (BURGLAR AiARMS) SIiERIFF'S OFFICE Enclosed with the Board member's agenda was a memo from the Purchasing Officer explaining the present eituatioa regarding commercially installed burglar alarms in theSheriff's office communications center. This, at present, is a hodgepodge and definitely needs correcting to enable the Sheriff's dispatching office to operate in an efficient manner. The proposal as outlined in the material would be at no cost to the County, however, it would require etttering into an agreement with the company selected for installation of the system. System discussed. On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, the Board approved the principle of a single alarm termination system, sad suthnrized an agreement with Chico Electronics Company. 75-275 BUDGET GRANSFERS APPROVED Oa motion of Supervisor Cameron, seconded by SupervisorMcKillop and carried, the following budget transfers were approved: 8-135 Planning - $3,550 from the reserve for contingencies with $350 going to extra help; $900 to communicatinns; $1,500 to office expense; and $800 to publications and legal notices. 8-136 Local Agency Formation Commission. $13.59 from transportation and travel to equipment. B-137 Board of•SUpervisors $625 from the reserve for contingencies to memberships to cover membership in the National Association of Counties. 8-138 Administration - $500 from salaries and wages regular, with $400 going to extra help and $100 to overtime. 8-139 Building and Subdivision. $90 from other transportation and travel to Board authorized travel 8-140 Paradise Justice Court. $1,000 from the reserve for contingencies to professional and special services, and is to cover a present deficiency of $704 and provide an amount for the balance of the fiscal year. 8-141 Chico Marshal. $500 €rom office expense to extra help within the Chico Marshal's budget. B-142 Board of Supervisors. $622.$6 from the reserve for contingencies to professional and specialized services and is to Dover the coat of the Page 110. February I8, 1975 February 18, 1975 m a a a e s a a .e ,a o m n a a s s s m a s a as w n. a m n m a a a s c n: s: annual updating of the County Codes. B-143 Farm and Home Advisor. $293 from office expense to equipment within the Farm and Home Advisor's budget. B-144 Central Services - $3,450 from the reserve for contingencies to the Central Services equipment account, and ie to cover purchases of six used vehicles from Caltrans as approved by the Board on February 11, 1975. 75-276 APPROVE PAYMENT OF EXPENSES OF SHERIFF'S DEPARTMENT EMPLOYEE FOR ATTENDANCE AT J W CARD TRIAL IN MERGED COUNTY Jim Johansen, assistant auditor, was presenC to answer any questions concerning the request for authorization to pay expenses of Sheriff's Department employee for attendance at J. W. Card trial is Merced County. On motion of Supervisor McKiilop, seconded by Supervisor Cameros and carried, authorization was granted to pay expenses of Sheriff's Department employee for attendance at J. W. Card trial in Merced County. 75-277 DANCE PERMITS APPROVED On motion of Supervisor McRillop, seconded by Supervisor Cameron and carried, the following applications for dance permits were approved: 1. An annual dance permit with fees waived for Paradise Assembly No. 97 Order of Rainbow for Girls. 2. Dance permit for Durham Volunteer Fire Department to hold a dance on March 8, 1975 in Durham Memorial Hall, with fees waived. 75-278 APPROVE AGREEMENT FOR SALE, RIGHT OF WAY ACQULSITION: & ADOPT RESOLUTION NO 75-26 CLARIFICATION OF RESOLUTION 74-130 CSA X38 On motion of Supervisor McKillop, seconded by Supervisor Richter and carried, the following action was taken: 1. Approved agreement for sale, authorized Chairman Co sign and authorized Auditor to issue warrant upon demand of County~s escrow agent on the following: Oroville Quincy Highway 27561-73-1 C. H. Hayes, et ux 0.048 ac. $90.00 No improvements $90.00 2. Adopted Resolution 75-26, clarification of Resolution 74-130, County Service Area No. 38, clarification o£ costs in lines 24 and 25 to be "County Service Area X38 costs," rather than county funds, and authorized the Chairman to sign. 75-279 ABANDONMENT OF STORM DRAIN EASEMENTS TAKEN OFF AGENDA Mr. Castleberry requested that the item entitled "Abandonment of storm drain easement" be taken off the agenda a t this time. 75-280 DISCUSSION: LETTER FROM TRANSPORTATION DEPARTMENT C1ey Castleberry, Director of Public Works, explained a letter from the State Transportation Department concerning the Gianelii bridge. Letter discussed; no action taken. 75-281 RESOLUTION SELLING THE BUTTE COUNTY SERVICE ARFA N0. 26 SEWER BONDS: DISCUSSED. NO ACTION TAKEN AT THIS TIME Dan Blackatock, County Counsel, sA~d he would like to delay aeCion on the Resolution selling the Butte County Service Area No. 26 sewer bonds until later is the day. The bid came in and he is trying to work this matter an4 with the Thermalito Irrigation District attorney. Resolution will be discussed later in the day. Page 111. February 18, 1975 On motion of supervisor Mctci.ilop, seco and carried, the following Land Conservation Act and the Chairman was authorized to sign. James F. & Lorraine B. Bacardo Correia, Frank E. & Elaine C. Donald, Ray Ralph Gehriner & Unkel Goff, Moline S. Grubbs, Wendell & Mary Hells Henneman, Vugrenes, Marley & Leach Lorrain, A,F. & Gannon, J.E. & C.L. Manthei, Theodore & Mary Miles, Robert R. & Sara L. Ohlson, Louis D. & Kathleen M. Pacific Coast Producers Peterson, Peter & Patricia Russell, E. Leland & Ruby J. ~- Russell, Russell, Ernest E. & Alice M. Seevera, Cecil J. & Constance M, Vincent, Doyle G. & Jeannie L. Williamson, Jack Vernon February 18, 1975 as c m ~e s m a n s s v~ ~ s~ s s ~~~ ~ a i~ s s m m a a s v~ a a r~~ 75-282 APPROVE AGREEMENT WITH COOK ASSOCLATES FOR PARADISE BRANCH OF COUNTY LIBRARY Mr. Blackatock explained the agreement with Cook Associates for the design and preparation of construction plans and specifications for the new Paradise Branch of the Butte County Public Library. Chairman Ladd suggested a modification to the agreement. The modification is to state that the $400,000 budget includes fees to Cook Associates and any other inspection costs. Modification discussed. On motion o£ Supervisor Cameron, seconded by Supervisor McKillop and carried, the agreement with Cook Associates for Paradise Branch of County Library was approved, with the modification net out by Chairman Ladd, and the Chairman was authorized to sign. 75 75- ~~ nded by Supervisor Cameron Agreements were approved Eugene & Rita Bettye Dlair, Pleasing Department, presented the Planning Commission's report of a denied rezone from "A-R" (agricultural-residential} and "MKP" (mobile home park) to "MHP-10" {mobile home park 10 acre minimum) property located on the east side of Neal Aoad along the north aide of Chaparral Drive, Paradise, as requested by t~imco Enterprises. No action need be taken on this report unless an appeal is filed. No action at this time. 75-285 TENTATIVE PARCEL MAPS RECOtRdENDID FOR APPROVAL: APPROVED On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, the tentative parcel maps recommended £or approval were approved, subject. to the conditions of the Planning Commission, with the note that negative Environmental Impact Reports hisve been filets: Zoned A-2 Donald zt, Ntllson, AA 24-1~-52, 2 lots, locat?c~ on the corner of Picharc~s & ~ricllev avenues, snutheast of Gric~lev, Pursuant to the r~auir=menu of Sects on 2~.3 of. thQ Putts county Code, the tentative parcel man of the above nron~rty has bEen rs- vipured. by t`-e ButtA Caunty Subdivision ('ommi tteQ ant? the Planni ncr Commission. The Subdivision Comre;tts.~ and the Planninn Commission r~commnnd approval of the tentative man, su?~isct to the folloti*ina con~?itio~•s~ •.. Page• 112.• ~ ~ ~ ~~ Februsry~l8, 1975 ~^, ~ February 16, 1975 o r s s s s s. c s e r s r r .s s r s r r s s s s s s s r e s s s s s r s s s 1. Deed to t_he County Of DLttt9 3Q ft. r{ ~ht-bf-~~av from the cent=_r- lin= of (;ri alley ant' Pi chart?s Tv?. 2. Indicat_ on the final man the re^:aininr~ parcel. 71 Nacrativ2. Declaration °aaarc".inq ~nv.ro::~~:ntal Ir~n3ct ~•ras filed :•rit'~ the Countti' C'l°rl: or. January 20, 1975. 7.oned A-2 yen=_ Luellen Heffley. AP.Ab-Q6-33, ~ late, located 1/2 ri-1a Qa4t o£ t:~s "~idwav-nn Chico--hroville F*~,r~. Engin_er: ?~cCain Assoc. Pursuant to the requirements of Section 2(1.3 of the Butte County Code, the t_ntativ_ Hertel man of the above property has begin rPvi=load by t?~e Rut t. County Subdivision Commttta=_ and th° Planning C.omr:ission. The Subdivision Committee and the Planning Comm{ssion recommend annraval o: the tentativ_ maP, subject to the £c11o:•r_nq conditions: 1. Show all existing wells within 1^~ ft. of thQ nre*~osec~ parcel bounrary lines, anc~ 177 ft. s=ratio tank free radius around salt' caell sit=s. 2. 5*:=ci fv tzs location o£ w=11 sit=s on each rarcel and shoo a 1~0 ft. septic tanY, f.r» rac;i us arouni sa_d wall sits. 3. .Provide a minimun of 1.5~~ 9n. £=et of area for s~*-oaae dzsnosal as re+7ui rP2 by the Orc'inance . ~1. 57~rify legal access. 5. Construct thn sntranc~ root? ~•r?thin th= suJ~j=_ct nron_ ert_r to A5P- LD2 standarc. ! A Negative Declaration P.egarc?ina Environmental Impact was filed with the County C1erY. on .7anuary 2n, 1475. Zoned A-2 1-7ountain House Assoc., AP 61-~2-2~, 4 lots, on Orovilla-- Quincy FIwy., northc•~ast o.f berry Cr_ek. >rngin:er: Craves & Geddis. Pursuant to the r?~uiram=rats of Section 20.3 of the Butte County Cod=_, the tentative parcel man of the above property has been r2- vidwsd by the Butts County Subdivision Committs~ and the Planning Commission. The Subdivision Coshmittse anc~ the Planning Commission recommend approval of the tentative maA, subject to the following conditions: 1. Proof of mater er nut statement on final mao. 2. Deed to the County of Butts fin ft. right-of-*.aay from the cAnter- line of Oro-quince Hrry. 3. 'Verify legal access. 4. Frovic'.e travQrsablQ access. Page 113. February 18, 1975 ~. n February 18, i97S .a w w w s c w s w m s w s w w s s s s w w w w s s w: s c: s t t w c c w c 5. Indicate a 5n ft. builc~inq setback from the centerline of oro- Quincv Hwv. A N=_gativs D=claration PsQardinq Hnvironm=ntal Impact was filed T,~ith the County Clerk on ~7anuary 20, 1975. 7,oned A-3 (,sores S. Nakao, AP 3F-24-n~, 2 Iots, north of Oro- Bangor Hwy., west of Wyandotte-~Rinera Ranch pt?., nroville. ~nginssr: Graves & reddis Pursuant to the re+Tuir=meats of Section 7.9.3 of the Butte County Code, the tentative parcel man of thQ above pro»erty has been re- viaw=_d Jay the Butte County Subdivision Committee and the Planning Commission. Th° Subdivision Committee and the Planning Commission recommQnd approval of the tentative map, subject to the followina conditions: 1. Indicate a 100 ft. septic tank free setback along the stream on Parcel ?, and indicate a 50 ft. septic tank setback on the drainage channel on Parcels 1 & 2. 2. Proof of water or nut statement on final man. 3. Verify legal access. 4. Indicate a 25 ft. drainage easement for swal=s. A 27eaative Declaration Psgarding Fnvironm=_ntal Tmpact was filed with the County Clerk on January 27, 1915. ton°d A-R F.obert C. Kgllogq, AP 51-25-?.2, 79, & 84, 2 lots, on yak Springs Road, east of Neal Foad, Paradise. SurvAyor: .Tohn W. Hamby Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel mau of the above property has be?n re- viewed by the Butte County Subdivision Committee a»cl the Planning Commission. The Subdivision Committee and the Planning Commission recommend. approval of the tentative map, subject to thq following conditions: 1. Reserve an additional 1~ ft. right-of-way along the northerly property line, south of the existing 20 ft. easement. 2. Provide traversable acc=ss with a maintsnanc~ aareament. 3. Non-exclusive easement statement on final mao. 9. No further division of the land unti.i 60 ft. of access has bAen provided. 5. Indicate a 20 ft. building s_tback from the additional 10 Et. easement. A Negative Declaration pegardanq environmental Impact wAS filed with the County Clerk on ,Tanuarv 2~, 1975. Page 114. ~ ~ ~ ~ ~ ~ ~~ -~Februax~y 18 ~ ~ 1975 r. February 18, 1975 .P R .4 ~ S •F R Q e ~ ~ i ~ t ! ! t ~ ~ IC i ~ 1~ W t ~ Y[ 11t iY ~ L1 f: IC i ~ ~ ~ ~ 7.on._cl A-2 Ltc?. lac?: 11gwe, 11P 52-0179, 2 Iota, ~'2~ f*_, south of Rillfl Frc~., on Luck}~ ,7ohn Rc~., P~rac_s=.. Engzn°sr: .Toy Stanlav Pursuant to the r:Ruir=marts of Snct? on 2~ , 3 of the Butt= CnIS'14!~ Cdr?°, t'7° t°?ltdti V° nareel T!tc~.n Of t?l°.. •3~O~T°, r1Y0'7?Y~!~ haS ~7°_~n T'°- vi=.w~ci'~v thfl Putty County Subdivision Committee and the Planning Commission. The Subdivision Committee and the Planning Commission rscommand annroval of the t.ntat?v= non, suh~sct to t:ze =olloroing cond'_tjons: 1. Vrify legal acc=ss. 2 , ~>>r~ f~~ 1=cra1 narc=? . 3. Inr':_cat~ a 24 ft. builc?inn s~t~~ack from the =.aGe*.r,=nt 1_n=_. A Naoat.*'_v= P.clar.zt_or. *~a~arc"nq F.nv'_ro~tr^.~ntn1 Imn~,ct ~•las Filsc' r•r±t?, the Cotmt~~ Clark nn ;;nv~mhar. ?.5, 1A7~. RECESS: 4:50 RECONVENED; 10:05 75-286 REPORT: GEORGE STAMM CONCERNING STATE RECLAMATION BOARD MEETING George Stamm reported on the State Reclamation Board hearing held last Friday in Sacramento. This related to the Rules and Regulations for Butte Basin. County Counsel attended this hearing with Mr. Stamm. They presented the Board's stand that no action should be taken on the rules. Colusa County also opposed the rules. Mr. Stamm stated that since this was the first time that the rules had been presented to the Reclamation Board, no action was taken. In 1964 the Reclamation Board had adopted a Master Plan for Butte Hasin far the weir and by-pass system. The rules were to protect the master plan. Now the Reclamation Board felt that they should go back and hold public hearings and maybe reaniad their action taken in 1964 and rescind the Master Plan. Reclamation District 2106 was represented at this hearing and they requested Chat the Reclamation Board rescind their action taken in 1964. Reclamation District 2106 would like to have a Master Plan adopted that would only include low levees. The other matter they had gone to Sacramento about concerned the Mathews application. This item had been removed from the agenda as the Reclamation Board also felt that an EIR should be prepared, but they felt that the County should prepare it. This suggestion discussed. Tt-e State felt the County would have more in-put in the matter, Mr. Blackatock said he would recommend that maybe the Board should consider that the County prepare the EIR; it would be a good gesture in cooperating with the State. No action taken on this recommendation at this time. They also discussed the application of Baldwin concerning the placing of material in Liado Channel. Baldwin was there and they indicated that they would remove the material and would place it in the area that was satisfactory to the County. Mr. Blackatock stated that the issue of the regulations is not dead. Col. McCullom is going to push them. Mr. Blackatock anticipates the County will be hearing more on them. They will probably ask the County to work with them eo the County will be in a position to handle some of the problems. The County could w~8$e ~~gm a letter and state t~~ru~~y 18, 1975 r ~ ~± February 18, 1975 ~~ a o e c a m r o s e e o s~: ~ s ~ ~~ a s~ q~~ w s s s a c a m a County will work with them on this matter. No action taken on this. Supervisor McKillop stated that the County did indicate that they would contemplate some flood plane zoning and we should not let this matter die. iC was felt that the two Supervisors from the west aide of the County should spearhead this matter. Supervisor Richter agreed with this statement and said they would move ahead on this matter. He plans to have a meeting with County Counsel and George Stamm and get information on the matter. 75~ Supervisor Cameron said that at the Nina Northern Counties Supervisor meeting it was requested that the Board of Supervisors support proposed legislation to raise the foster home care payments. Proposed bill discussed. On motion of Supervisor Cameron, seconded by Supervisor Richter and carried, intent was expressed to support the proposed bill when it is introduced to raise #oster home care payments. 75-288 DISCUSSION: LABOR RELATIONS INSTITUTE TO $$ HELD IN SANTA CRUZ IN MARCH Supervisor Cameron commented on the letter regarding the Labor Relations Institute to be held in Santa Cruz, March 5 through 7:'~, New bills have been introduced allowing public employees to strike. Chairmen Ladd commented on SB 275, the collective bargaining act. Be feet the Board should oppose this bill. The Board members requested that a copy of the bill be obtained €or them. Time spent discussing the b±11. It wen stated that someone from Personnel would attend the Institute. Mr. Blackstock will secure copies of the bill and give them to the Board members. 75-289 DISCUSSION: RENTING OF MOBILE HOMES ON PRIVATE LOTS Supervisor Cameron said he has been receiving telephone calla about the ranting of mobile homes on private property. He understands that this is illegal. Mr. Biackstack said that it was illegal. Supervisor Richter said that something should be done about eliminating this situation. Mr. Lawson said the County should ask the State to do something about the situation; it is a State problem. it was fe1C this problem should be called to the attention of the State Legislators and to CSAC. It was moved by Supervisor Cameron, seconded by Supervisor McKillop and carried, that the matter of renting of mobile homes on private property be brought to the attention of the State Legislators and to CSAC and request that something be done about the problem and that they be requested to reply to the County's letter. 75-290 DISCUSSION:_ PREPARATION_OF EIR FOR THE STATE ON MATHEWS APPLICATION .dim Lawson, Planning Director, asked if it were true that the County was going to prepare an EIR r'or the State regarding the Mathews application. The State is the lead agency in this matter. Mr. Biackstock explained the situation. The Reclamation Hoard has requested that the County write the EIR, it was felt the County should bill the Reclamation Board for the preparing of this EIR. Chairman Ladd stated that if the applicant was charged for the EIR preparation, then the Sta to could be billed and they could in turn hill the applicant. A letter will be sent to them telling them that this is how it will be handled. 75-291 SUPERVISOR CAMERONs'rUti.~ING FOR THE MARYSVILLE-BAGGETT RAILROAD CROSSING Supervisor Cameron said that the Board members that had attended the Nine Northern Counties Supervisors meeting last week, also attended the Public Works meeting held at that time. It was quite alarming the picture that was set out where the nation will be in 1980. The whale picture does not look Very good. In that vein, he would Like to suggest, with the closing of the railroad faciiitp in Portole, the County should make sure thaC the Page 1i6. February 18, 1975 n ~ February 18, 1975 a a a a a a s a a a s a a a a a a a a a s a a a a a a a a a a a a a m a s a a railroad crossing at Marysville-Baggett Road be funded. The County should meet with the State people and get the funding for this crossing. Re suggested that some of the Board members meet with them and tell them the County would be satfsfied if they approved this crossing. Supervisor Richter responded to these statements. The Board voted for the crossing in the Oroville area. This project would be s matter of convenience; the Durham project is a safety project. He set out a sketch of the Durham crossing. He did not think gates would be good at this crossing. He explained haw the road could be realigned. Cost of the grade crossing set out. He feels the Board has to continue to support the Durham crossing. Crossings discussed. Priority of the Durham crossing was established because of the excessive traffic and the accidents that have happened at this location. Mr. Castleberry explained how the PUC selected this crossing to fund. Projects discussed; no further action taken. 75-292 APPEARANCE: MRS. ERNIE AL$RECHT OROVILLE Mrs. Ernest ALbrechC, Oroville, stated she ieans towards Supervisor Cameron's way of thinking. The Oroville-Baggett project rhouid be re-evaluated because there will be more train employees brought to this County with the closing of the Portola yards. She hoped the Board would see fit to do something about this project; the people should be kept informed. 75-293 APPEARANCE: MRS. SANDY BRONNgR. BICGS: PROBLEM OF DOGS Mrs, Sandy Bronner, Biggs, explained the problem the residents had with dogs running loose in Biggs. The animal control officer is not acting as a control officer but ae a pick-up man. The residents in Biggs would like to have a night patrol to help with this problem. It takes place between the hours'of 11:00 p.m. and 3:00 a.m. Chairman Ladd said this ie a subject that comes up time after time. This County has four animal control officers. He would suggest that the Sheriff or Undersherif€ appear before the Board to discuss the problem. Supervisor McKillop suggested that Mr. Nickelson get together with the animal control officer and arrange for night pickups. Mrs. Bronner suggested that Thursday nights would be a good night for night patrol. Mr. Nickelson will discuss the problem with Mr. Stenberg. 75-294 APPEARANCE: GRAVER JONES, FOREST RANCH REQiiEST FOR E7CEMPTION FRED INTERIM ORDINANCE Grover Jones, Forest Ranch, said he was present today to ask for an exception to the interim ordinance that this Board adopted last meek. He presented a petition signed by residents. He said he was never given a chance to see the original petition; he is Che operator of the service station in that area. This petition was signed by the residents there that need hie services. Mr. Jones stated he had purchased property adjoining the present service station. Re is prepared to build a new station to handle the needs of the people. ~ia Chat area. !ie explained the proplem. Supervisor Richter said he tried to flash a warning when the interim zoning was passed. People get caught up in these problems when there are no hearings held. He would hope that the Board 1n the future will not move into interim zonings so quickly. Supervisor McRillop stated that the Association from Forest &anch had presented the request for the interim zoning. Tony Santos, owner of the property on which the present service station is located, set out the lot in question on a diagram. He said he needs to move the present restaurant across to the Location of the service station. He explained the need for moving the restaurant. Page 117, February 18, 1975 ~' ~. February 18, 1975 m a m m m n m x m m m a m a a m a s a a s a s a m x a a a n a e m a a a a a Request for elimination of the interim zoning discussed. Brian Rix, deputy county counsel, said that perhaps the ordinance could be amended to delete this parcel owned by Mr. Jones. Matter to be brought back later in the meeting. 75-295 APPEARANCE: MR, ED DELIGHT, GRIDLEY REQUEST FOR ENCROACEIMENT PERMIT TO CROSS COUNTY BARRIER AT END OF BONN AVE., GRIDLEY Mr, Ed Delight, Gridley, said there is a two-acre .p#~'Cel at'the end of Bonn bane. Re is requesting an encroachment permit to cross t..a one-foot strip reserved by the County. Chairman Ladd said he has looked at the site; Mr. Castleberry said he was familiar with it. The people would like to use this parcel of land. Background set out and discussed. Bonn Lane is a County road, Use of property discussed. It was suggested that maybe a driveway encroachment permit could be issued. Mr. Castleberry said this would not cause a problem to the County. On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, a 20~ driveway permit was granted to go through the County barrier to property at the end of Bonn Avenue, Gridley. 75-296 APPEARANCE: MARJORIE COR. PARADISE Mrs. Marjorie Cox, Paradise, stated she appreciated the position that Supervisor Richter had taken on the interim ordinance matter, Mrs. Cox stated that she has been reading that they want Co ban all burning in Paradise; she feels that this is a poor plan. Mrs. Cox stated she has a problem with a division of some of her property, She has discussed the problem with Supervisor McKillop and Chairman Ladd. Ms-.,uavihy is handling this property division for her. The road into the property has to be completed. There are two parcel maps invalved. Seventy-five acres is being divided into four parcels. Maps discussed. She was told that she would have ep.to August 13, 1975 to complete the road. No action needed. 75-297 REPORT BY ROYAL MANION, DIVISION OF FORESTRY: PLUMAS FOREST RECEIPTS Mr. Royal Mansion spoke on behalf of Piumas Forest. He gave a rundown on the timber receipts. Ue explained the chart presented to the Board members. Proposed public notice of timber sales presented to the Clerk for the coming year. 75-298 APPEARANCES: DURHANt OVER PASS AT RAILROAD GRASSING 1. Mr. Richard McWilliams, Durham, said he was concerned about the Durham werpasa.~ li? has seen many accidents there; he feels that the project should be put in. 2. Alex Saline, Durham, said there are a large number of people in that area that favor the overpass. Re feels that this project should be pushed forward. 3. Charles Grady, spoke in favor of the overpass, 4. Jerry Letson, representing the California Division. of Forestry, spoke concerning the overpass in Durham on the Midway. The Division of~ Forestry units use this crossing between 800-900 times a year in going to fire activities. This present crossing requires that they reduce their speed. There is always the possibility that a train will be there and will delay them in getting to a fire. lle ie in favor of the war crossing. Page 118. February 18, 1975 r r- February 18, 1975 r s r r r s r w r w w r w s r e r r a r s r r s r s a w r s r r r r s w re 5. Mr. Bob Duboce, equipment rental business in Chico, spoke in favor of the over crossing on the Midway in Durham. 6. John Stutz, Chico, apoke in favor of the over crossing in Durham. He said that moat of the people using the road were in the agricultural business. He said he wenC Ca Durham yesterday and there were I4 cars waiting for the train to go by this crossing. This holds up the people attempting to get their work done. 75-299 APPEARAi3CE OF JOHN HAMBY REGARDING TFiE PROPOSED SDBDIVISION ORDINANCE Mr. John Hamby said he understands that there will be a public hearing on Che proposed subdivision ordinance. He has been told that the ordinance has not been prepared. County Counsel stated that the ordinance would be printed after the Board decides on the format; he explained the background. Supervisor McKillop said it will be on the agenda in the near future. The public will be given copies of the proposed ordinance prior to the hearing. Supervisor McKillop gave Mr. Aamby his copy of the proposed ordinance. 75-300 HEARING; CAI,-PACIFIC FARMS, INC. SEARING RE THE DENIAL OF APPLICATION UNDER LAND CONSERVATION ACT The hearing: on the Cal-P~e~fLe Farms, Inc. re denial of Land Conservation Act application was held 'Bt this time. Mr. BLackstock suggested that Mr. Mackessy, Agricultural Commissioner, speak oa the subject. Mr. Mackessey gave the background of this matter. The Committee C•irned down the application; they suggested that this owner apply again next year after the property has had more usage. Pete Davidson, owner of CaI-Pacific Farms, Inc, apoke on Che application. There is 80 acres on Lone Tree Road and Cox Lane. He explained the initial investmenC and Che money spent putting in improvements. The property is currently planted in oats. They are investigating other crops that couid be grown on this property. Se thinks they have demonstrated the use of the land. He said he was present today to request that the Board reconsider the Committee's action and approve the agreement. Beard members questioned Mr. Davidson about the application for the agreement. Se did not know the real basis for the denial. Time spent discussing the request for reconsideration of the denial. Mr. Mackeasey explained the committees Feelings in this matter. Hearing closed to the public and confined '~o the Board. Supervisor Richter said he feels that the applicant fa attempting to preserve the land for Ag purposes. Supervisor McKillop felt the owner should make application again next year. Chairman Ladd said he did not think that the well and the pump were on the land at this time. If the pump and the irrigation system were in, then this would make a difference. On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, the appeal of Cal-Pacific Farms, Inc. regarding the denial of application under Land Conaervat'cn :+ct was denied. 75-30I ADOPT ORDINANCE N0. 1549, CORRECTING IMPROPER DESCRIPTION IN INTERIM ORDINANCE N0. 1543. FOREST AANCS AREA Bettye Blair, Planning Department, apoke concerning the request to exclude property zoned in the Forest Ranch. His property is part of the Forest .Ranch Subdivision, and it is part of the interim zoning adopted recently. Request for exclusion from this zoning discussed. Supervisor McKillop felt it would not create an island if it were eliminated from the interim zoning. Supervisor Richter said the next time he votes for an interim 'ii is Page 1I9. February 1L, 1975 r^, ~"~ February 18, 19'5 a a s a m a a a a r v a a a s r s ~e ^s a a m r w a m a r o ss s ~: a s r a going to be a loag time. It seems to him that it would have to be a typo error or that the Board had not intended to have this lot included in the in•5erim zoning. Chairman Ladd sai3 he did not intend to have this parcel within the interim zoning. Oa motion of Supervisor McRillop, seconded by Supervisor Cameron and carried, Ordinance No. 15'-9•correcting improper description within Ordinance No, 1543, deleting the lot owned by Grover Jones, was adopted and the Chairman was authorized to sign. Claude Willis, Forest Ranch, spoke concerning the action of Che committee concerning the request for interim zoning. RECESS: 12:30 RECONVENED: 2:00 75-302 PUBLIC HEARING: FORMATION OF FIRLAND ACRES ASSESSMENT DISTRICT ADOPT RxSOLUTI0N5 75-26 THROUGH 75-3I The public hearing on the formation of Firleod Acres Assessment District was held as advertised. Bob Srunsell, attorney for the District, appeared and set out the background material, There were three letters of protest filed. Letters read from Edith Reed, Elizabeth Knudson and Norman Gardner. Hearing opened to the public. Supervisor Cameron requested that the engineer of work be available to answer questions. Walter Grimes, engineer, stated that this had gone Co bid and only two bids were received. One from Butte Creek Rock in the amount of $35,849.00 and the other from Phillips in the amount of $31,211.00. The estimated cost for this project had been set at $28,000.00. Mr. Castleberry and Mr. Grimes negotiated with the contracted and he hoe agreed to do the job for the amount posted. The contractor would be doing the project for the amount of $28,885.80. 'There are 16 property owners involved. This would be for draiaage and paving. Appearing: Mr. Norman Gardner, he owns Lot No. 5. He stated that the water from the Skyway flows down this road and washed the road out. It was a good road at one time. Mr. Castleberry said the County has to do some minimal work on the Skyway that would stop this water from going down this road. He explained the project. 2. Elizabeth Knudson. She spoke in opposition. Hearing closed to the public and confined to the Board. Mr. Brunsell explained the action that is before the Board at this time. There are resolutions prepared that could he adopted. Caste for the project explained and discussed. Supervisor Cameron said it would spear that a great majority of the people are in favor of the project. He feels the Board should go ahead and take action. Action to be taken discussed. On motion of Supervisor Cameron, seconded by Supervisor McKillop and carried, the following resolutions were adopted and the Chairman was authorized to sign: Resolution 75-26, over-ruling the protests 75-27, forming the district for public convenience 75-28, filing of amended engineer~a costs Page 120. February 18, 1975 ~ ~. February 18, 1975 a s s s s a s s a s s s s a s s s s e s a s s s a s s s s a s s s a a s a s s Resolution 75-29, confirming engineers report 75-90, authorizing changes. Mr. Castleberry explained how the assessments could be computed. If you lower one assessment, then other assessments would have to be raised. 1'he Board would have to give 20 days notice and hold another hearing. The resolution awarding the bonds discussed. Mr. Bruasell has confirmed the offer. Mr. Blackstock did not 11ke the idea of accepting personnel offer; he would prefer to go to bid. Offer discussed. On motion of Supervisor Cameron;, seconded by Supervisor McKillop and carried, Resolution 75-31, notice'ca111ng for public bids, with bids to be opened March 1~, 1975 at 11:OO.e.m., Firland Acres Assessment District, was adopted and the Chairman authorized to sign, subject to County Counsels approval. ~~ RECESS: The Board recessed at 2:45 for an executive session. RECONVENEp: The Board reconvened at 3:05 following an executive session. Chairman Ladd stated that litig&tion had bees discussed; no action to be taken at this time. 75-303 APPEAL FILED ON HIMCO ENTERPRISES A letter of appenl was received from Himoo Enterprises appealing the Planning Commission's denial of their rezone request from "A-R" (agricultural- Q 0 residential) and "tgiP" (mobile home park" to "MHP-lO" (mobile home park '~~' 1B acre minimum) for property located on the east Bide of Neal Road along the north side of Chaparral Drive, Paradise. Hearing net for March 25, 1975 at 2:00 p,m. 75-304 AUTHORIZE LETTER IN SUPPORT OF APPOINTMENT OP SAM SP ~iBECK TO STATE WATER RESOURCES BOARD Supervisor Cameron stated he would like to ask for Board support with a letter to khe Governor for the appointment of Sam Sprrbeck of Yuba County to the Water Resources Board. Request discussed. On motion of Supervisor Cameron, seconded by Supervisor McKillop and carried, a letter of support was authorized to be written to the Governor for the appointment pf Sam Sperbeck, Supervisor of Yuba County, to the Water Resources Bnard. 75-3D5 ADOPT RESOLUTION 75-32 SELLING THE BUTTE COUNTY SERVICE AREA N0, 26 SEWER BONDS On motion of Supervisor McRillop, seconded by Supervisor Richter and carried, Resolution 75-32 authorizing the sale of the Butte Ceunty Service Area No. 26 Sewer Bonds was adopted and the Chairman was authorized to sign. 75-306 APPROVE OFFER OF USE OF CETA WORKERS BY FARMERS_HOME A,AMINTSTRATION Supervisor Cameron made a short report on the HUC meeting held last Thursday in Sacramento. He stated that there are funds available to this County through Farmers Home Administration. He stated that the Butte County Branch o£ the Farmers Home Administration would like to expand their services far housing in Che County but they do not have the personnel to do so. Supervisor Cameron requested that a letter be written to Mr. Young of the administration offering the use of a couple o£ CETA people to help them in their work. On motion of Supervisor Cemeran, seconded by Supervisor McKillop and carried, a letter was authorized to be written to Mr. Young of the Butte County branch of Farmers Home Administration stating that if he wants Page 121. February 18, 1975 February 18, 1975 a m a ~ ~ a „ ,~ ,~ ~ ~ . ~ ~ e ~ ~ a o m e ~ . ~ ~ ~ ~ ~ ~ ~ a ~ ~ ~ o a e s Q to expend his services in Butte County, the County will furnish him with a couple of CAA workers. 75-307 MATTERS PRESENTED FOR CONSIDERATION Supervisor Richter stated that he wanted to go oa record as being concerned about the consultant support on the Community Development Conw:ieaion. He has some criticism of the study, IEe asked what good was the atudy7 He said the polling wea done by mail. Study discussed; as actian takes. Mr. Blackstock stated that there would be a meeting oa February 26, 1975 at 10:00 a.m. in his office to work out the details concerning the Bidwell River Park matter. He will report back to the Board on the results of this meeting. Supervisor Cameron requested permission to be excused from the nexC two Board meetings. AAIOURNMENT: There being aothing further before the Board at Chis time, the meeting was adjourned at 3:15 p.m. to recoavene on Tuesday, February 25, 1975 at 9:00 a.m. AT'T'EST: CLARK A. NELSON, C4[TNTY CLERK By airman o£~Boazd ~~- Board of Sue isora Clerk Page 122. February 18, 1975