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HomeMy WebLinkAboutM022575 STAGE OF CALIFORNIA COUNTY OF BUTTE February 25, 1975 SS. The Hoard of Supervisors met at 9:OD a.m. pursuant to adjournment. Present: Supervisors Madigan, McKillop, Richter and Ehairman Ladd. C1if Nickelson, Administrative Officer, Dan Blackatock, County Counsel and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. Absent: Supervisor Cameron Pledge of allegiance to the Flag a£ the United States '9f America 75-308 APPROVAL OF MINUT$S On motion of Supervisor McRillop, seconded by Supervisor Richter and carried, the minutes of February 18, 1975 were approved as mailed. 75-309 COMMUNICATIONS Chuck Horning. Mr, Horning files protest re denial of application under the Land Conservation Act on 480 acres near Feather Falls and requests ~ 0 D'3~ advice as to procedures to follow in the matter. Discussed; will have Nr. Maekesay report on this matter later in meeting. Letters in opposition to proposed ordinance prohibiting open burning in ~ Butte County. Letters from Walter Lewin, Magalie; Mr. and Mra. 3 ys•~ Wm. Schorch, Magalia; Frank C, Koenig, Paradise; and copy of letter from E. G. and Florence Jeppesen, Magalia to the Air Pollution Control office have been filed. To be discussed when Mr. Mackessy is present. Mrs. A. F. Staschke, Chico. Mra. Stoschke requests that something be done tf p 0•G 0 about the drainage situation around her property. ~'. Castleberry reported on this matter; letter referred to Mr. Castleberry. Chico Motorcycle Club. Mrs. Pat Upton, secretary, encloses copies of correspondence to Assemblyman Chappie, the Feather River Recreation and Park District regarding designation of an area for off highway vehicle use near the Thermalito Afterbay. Board support is requested for this project. Chairman Ladd said he would like to know more about the site proposed. Mr. Castleberry will determine location and report back, Butte County Sup,rintendent of Schools. Nr. Powers requests use of county G ~,q b Land immediately adjacent to the Special Education Building which is presently located on county property. Mr. Powers will be present to provide information, Discussed; no opposition expressed. County of E1 Dotado. The County forwards its Resolution 48-75 emphasizing ~ y their position that public employees should not have the right to ~ 0 a• strike against the citizens of the county, this state or the federal government, nor the right to mandatory arbitration, Discussed; See motion following communications. Biggs Unified School District. The District writes urging opposition to ~ 0 G•~~'^ SB27~, collective bargaining for public employees, and sends a copy of "alert" listing senate committee members who will hear this bill. Discussed; action above applies to this item also. State Department of Transportation. The Department sends notice that Butte County has been apportioned FAS funds in the amount of $282,224 ~ ld ~, Q 0 and state highway fund money for matching $100,000 for the fiscal 'T year ending June 30, 1975. They request resolution by the county accepting this apportionment and agreeing to provide matching funds. Discussed; Mr. Castleberry will review and will report back. Page 123, February 25, 1975 ~` ~. ..... a .........F~b~u~~ 25~ 195...... Q a ,~ . a a m. State Department of Trenaportation. Thenepartment writes that the California Highway Commission passed a resolution declaring its intention p V to consider rescinding the Freeway Route Adoption on Route 99 in e{ 6 a' ButCe County from 3.6 miles worth of Chico to the Tehama County line. They request submiseian of any pertinent information bearing on this prior to April 1, 1975. To be discussed later; no action taken at this time. U.S. Department of Agriculture Forest Service. The Service forwards its a ~ draft environmental statement for the proposed Plumes National Forest O ~, timber management plan. They request any comments within 60 days for consider ation and preparation of the final environmental statement. No comments at this time. Congressman Harold T. (Bizz) Johnson. Mr. Johnson sCeCes that he shares the ~ J Board's concern re lack of funds to start the pre-construction ~~ Z• engineering on the authorized Cottonwood Creek project. He states "f that support from the Butte County Board of Supervianrs would be valuable to him in stating the case before the appropriations committee in the House and Senate. See motion following communications. Mr. and Mrs. Earl Gray and Mr. and Mrs. Wm. Wobbe, Citrus Heights. The ~ ~ Boards attention is called to a hazardous condition on the county '{ Z• road leading east from highway 70 on to Big Bend approximately two miles from Highway 70, Mr. Castleberry reported on this projecC; plan to do this project this su®er if they have enough money. Eddie Booth, Chairman, Board of Directors, Chico Ares Recreatian and Park District. They reaffirm Chair position its position stated in their letter dated July 25, 1974 that they support the position that ~ 0,'~ the Bidwell River Park should be transferred to the State Department I of Parks and Recreation. Mr. Castleberry stated Chia maCCer has been discussed; he feels that the County will be allowed to remove the gravel that is needed. Mr, Blackstock is having a meeting tomorrow in his office to discuss this matter. Matter discussed; no action taken at this time. Cal-Pacific Farms, Inn. Petition by Cal-Pacific Farms, lnc. that was discussed last week and hearing held. Their appeal had been denied at that ~ p.3q time. They appeal the Board action taken in this matter. Chairman ~ Ladd set out the background of the matter. Referred to County Counsel. County of Plvmas. They enclose a copy of their resolution supporting this County~s belief that Highway 70 is of more than local or just 0 ~,0 regional importance, but should be of statewide significance. Mr. Castleberry felt that Chia was a very good action Caken by Plumes County. Antonino Galarco, Educational Services Coordinator for Butte County. He submits his resignation as a member of the Technical Advisory Committee nn Drugs. Read and discussed. To be discussed later after executive session. Letters from William and Joy WiadC..•~.;,.They present their protest to the ban of backyard burning in outlying areas. No action taken at this time. Alan Cranston, United Staters Senator. Thanks Chairman Ladd for his letter of February 6 regarding the Cottonwaod Creek Project. Letter discussed; no action taken. Telegram fromEugene Gonzales, Acting Regional Director-6ffice of Economic Opportunity. 8e informs theCounty that the Governor has consented to Grant Number CG-90181-03 in the amount of $39,750, and that he will expedite the release of the funds. Walter E. Nelson, Forest Ranch. He sends carbon copy of his letter to the Attorney General, Evei}e..Ipynger~... regarding books on the shelf at branch 13brary in Forest Ranch. February 25, 1975 Page 124. ~. ~ 0 a m Y~- m® R a a i a ~ee~ril~y~2i,al.g7~ ! .r w A P. '~ A A m~: a ID 75-310 REPORT BY COUNTY COUNSEL REGARDING PROTEST FRED '.Y CHUCK HORNING Dan Blackstock, County Counaei, reported that he had called Mr. Mackesay, Ag. Commissioner, and he stated that Chuck Horning was not in $utte County at this time; he ie at his other home at Newport Beach. Mr. Mackessy stated he had written to Mr. Horning on Janvary 28 ; 1975 and told him the action that had been taken by the Committee regarding hie application under the Land Conservation Act on 480 scree near Feather Falls. Mr. Blackstock will write to Mr, Horning and inform him of the Board's discussion and tell him that the Board will hear his appeal on a date that would be agreeable to Mr. Horning. A day will be set, a Tuesday, for the hearing of this appeal. 75-311 LETTER OF OPPOSITION TO SB Z75, RATHER THAN ENDORSING EL DORADO COUNTY'S RESOLUTION Letter and resolution from E1 Dorado County regarding public employees noC having the right to strike against the citizens of the County discussed. Supervisor Richter set out his views concerning this matter. Mr. Nickelson stated that this Bill would be discussed at length down in Santa Cruz at a meeting to be held on March 6.~ 7, and 8',. The recent CSAC bulletin requested that the County file an opposition to SB 275. Chairman Ladd felt the Board should C-~ke action on this. On motion of Supervisor McKillop, seconded by Supervis or Richter and carried, the $oard aut~~orized a letter to be written in opposition to SB 275. " 75-312 RE-AFFIRM BOARD'S POSITION REGARDING COTTONWOOD DAM PR03ECT Oa motion of Supervisor McKillop, seconded by Supervisor Madigan and carried, the Board requested that their position concerning the Cottonwood Creek Protect be reaffirmed by Letter, with Che facts to be e;s~sabled by George Stamm. 75-313 ADOPT RESOLUTION 75-33 ACCEPTING IN FULL 1975-76 FISCAL YEAR APPORTIONMENT TO COUNTY OF FEDERAL-AID SECONDARi & STATE HIGHWAY MATCHING FUNDS On motion of Supervisor McKillop, seconded by Supervisor Madman and carried, Resolution 75.33 accepting in full 1975-76 fiscal pear apportionment to County of Butte of Federal-aid secondary and State Aighway matching funds was adopted and the Chairman was authorized to sign. 75-314_ REPORT ON REQUEST SY CHICO _MOTORCY9LE_CT.UB Clay Castleberry, Director of Public Works, reported an the request by Chico Matoroycle G1ufi for an area for off highway vehicle use near the Thermalito Afterbay. He set out the site being requested. Chairman Ladd said there was only one area that he would support sad that is the clay pit. The use could be restricted to this area. Mr. Castleberry will take care of this recommendation and will bring the matter back to the Board for consideration. 75-315 RE-AFFIRM ACTION ON MIDWAY OVERCROSSING A letter from Leonard Loyd, president of the Southwestern States Council of Retail Clerks, addressed to Supervisor Cameron read sad discussed. Mr. Loyd disagrees with Supervisor.Camero~n's action concerning the £uad allocation From Che California Department of Transportation to build an averpaea on the Midway in Durham. Letter discussed. On motion of Supervisor Richter, seconded by Supervis or Madigan and carried, a letter was authorized to be written re-affirming the Board s position regarding the Midway overpass in Durham, said letter to be sent to Senatare Chappie and Davie, the Department of Transportation and State Director of Public Works. Page 125. February 25, 1975 ~~ - ~. v m s v~ m a s m~~ m s Febsx~asyl25 , m1975 e a~ a a a e Q e a :. . 75-316 AUTHORIZE LETTER IN OPPOSITION TO AB 15 Chairman Ladd set out statements in opposition to AB 15. Se said he would like to keep some sort of local control on what is and what ie not agricultural land. He feels tl.at the bill would add a lot of coats and expense so~t1?~e people; he fe1C the bill should be opposed. On motion of Supervisor Richter, seconded by Supervisor McKillop and carried, a letter was authorized to be prepared by Administrative Officer and County Counsel in opposition to AB 15. 75-317 DISCUSSION: SB 234, WftICE3 WQYL~1 CHANGE IAW & REQUIRE JWENILES COMMITTING CERTAIN CRIMES TO BE TRIED A5 ADULTS Chairman Ladd questioned County Counsel about SB 234 which would change the law and require juveniles committing certain crimes to be tried as adults. Supervisor Richtor explained the bill, stating that this bill had been introduced by the black 'legislators that come from the areas where there have been a number o£ crimes committeed by people in this age bracket. They are tried as juveniles and are released back out iota society. These 3,egislators would like to see juve:l3'.as „sing processed through the arnl': process as opposed to the juvenile process. Bill discussed. A copy of the bill will be given to Supervisor Madigan. No action taken at this time. 75-318 COMMUNITY ACTION AGENCY GOVERNING HOARD: APPROVE FUNDING OF READ START PROGRAM: APPOINTMENT OF PATRICK BARRY AS PERMANENT EXECUTIVE DIRECTOR & APPROVED PROPOSED JOB DESCRIPTION POR PERSONNEL OFPICEP, Supervisor Richter queatian action on the approval of proposed job description for personnel officer. He feels thaC the Executive Director should be the personnel officer. Chairman Ladd said he would like to know where the job description for the personnel officer came from; Mr. Barry said the position itself was required Eby O.L.O. The local EOC prepared the jab description. Mr. Barry explained why he felt he should not be the personnel officer for E.O.C. It could be someot-e from this Board of Supervisors, the Governing Board or someone. from Personnel Office. Job description discussed. It was felt that No. 6 should be deleted from the description. Mr. Nickelson said he did not think a personnel director was needed as the L,O.C. had all the County offices at its disposal. Any personnel matter could be handled through Mr. Rackerby~a office. It was felt that item 6 of the job descriFQ3oas should be deleted. On motion of Supervisor McRillop, seconded by Supervisor Madigan and carried, the following action was taken: 1. Approved funding of Head Stalk program for first 60 days of operation vp to $34,548 from county funds, pending receipC of HEW funds. 2. Appointed Patrick B. Barry permanent Executive Director of Economic Opportunity Council at the second step of the range, effective February 22, 1975. 3. Agp::eved proposed ,job description for personnel officer, with the removal of item 6 and with the deletion of the words at the beginning of the description "Under the general direction". 75-391,_DI5CUSSION AND INFORMATION ITEMS: PUBLIC WORKS Clay Castleberry, Airector of Public Works, explained the energy insulation requitements, hotels, $~~ae1r1,I6apartment houses, homes and other February 2S. 1975 r.. ~.. w o si 'z•;8 ~' ~::st n,a,s -a.a a ~ge~rUazy~2~,~1~7~ .e n s ar : a c a m e a s m~ a residential dwellings (SB277). ~ The State has passed some new rules regarding under float insulation. New l~a*.r explained by Mr. Castleberry. Sill diseusaed; no action taken. (b) Recision of freeway route adoption on SR 99 north of Chico to Tehama County line. Mr. Castleberry skated that the portion in Butte County is only 3 or 4 miles. Route explained. Supervisor McKillop asked why the State was going to seal the property back for less than they had paid for it. He does not feel that this is a good plan, Mr. Castleberry will express the Board's views along these lines. No action taken at this time. 75-392 REAFFIRM POSITION ON HOUSING GRANT APPLICATION Letter from Mr, Connerly discussed. He states why the City of erica should go it alone oa the housing grant, It was felt that he really presents all the arguments of why they should not go it alone. Supervisor Richter read the letter. It was felt that the housing problem was a county-wide problem. It was felt that•the application should be made jointly. Supervisor Richter stated he was very concerned about this letter and its contents. Letter discussed, On motion of Supervisor McKillop, seconded by Supervisor Madigan and carried, the Board reaffirmed their position that the only reasonable way tb go on the housing study wen for one application, and that Mr. Coanerly ahauld be requested to work with the eonaultants in this matter. RECESS: 10:25 RECONVENED: 10:45 75-393 AAOPT GOALS & OBJECTIVES & PROJECT PRIORITIES H•UD PRE-APPLICATION Sheehan & Associates forwards copies of the preliminary goals and objectives and a copq of Che Affirmative Action Plan for theCity of Oroville. They have met with the various Community Development Advisory Boards and were present to set out firm recommendations for the Board~e consideration so that the pre-application can be submitted to HUD before Match 1, 1975. Mr. Melton, Housing Authority, wen present and stated that he had been appointed Chairman of the Committee. Scott Tandy presented copies of the letter from the Advisory Committee setting out the goals. Priorities listed as follows: 1. Acquisition of real property for housing for sin„le-family dwellings. This land will be bptzghC by the County sad then re-sold to private builders. 2. Housing study should be made in the amount of $40,000. 3. Construction of multi-purpose centers in four different locations in Che county where peole would be able to meet. 4. Study of Palermo drainage problem. Study should be made in the amount of $20,000. 5. General drainage problem study in the county. Study to be made in the amount of $40,000. 6. Oro-k`yandotte Irrigation District, to up date the water supply; et Page 127. February 25, 1975 ~+, ..~, February 25, 1975 a a a a a a a a a c m a m a a a a a a a a a s a a a s o a a a c m a a a a a a estimated cost of $103,900.00. Goals and priorities discussed. Chairman Ladd said he would like the study to more on housing and its construction. He does not know of any place that has trouble in securing meeting places. Mr. Sheehan was present to respond Co any questions that might be asked by the Board members. Supervisor McKillop asked him whaC his answer was about Che acquiring of real property for multi-purpose buildings. Mr. Sheehan stated that this was for centers where Che need exists. Study that should be made explained; there are things that will have to be determined. Supervisor Richter stated that the City of Chico did quite a large study. He assumed thak the information was still valid and the study did not cost anything, Study funds explained. Supervisor McKillop stated that he would rather see the acquisition of property, under Item No. 3 placed lower than No. 4 and 5. They are much mere important tc the health and safety of the County. There .s an extensive drainage problem 1n this County; he stated that Items 4 and S could be combined. The drainage study should be made by sn engineer or speaisliat in that problem. The multi-purpose centers are a lot closer of being taken• care of than the other problems. there is sot a critical shortage of meeting places in the county, Drainage problem discussed. Before a grant application would be made, some preliminary data would have to be obtained showing how the problem could be solved. It was felt that the County has a water engineer on the payroll that could make the study of the drainage problea: Supervisor McKillop requested that someone explain the Oroville- Wyandotte Irrigation District problem. Mr. Sheehan explained this request for funding by Q.W.I.D. Scott Tandy stated that Oroville ~Ipandotte irrigation District had submiCted a project for eonaideratioa. They have a problem with the water treatment facility. Priority list discussed. It wss felt that the housing study should be firat.on the priority list. Supervisor Richter and Chairman Ladd suggested that No. 3, acquisition of property for mu1Ci-purpose centers, should Se struck from Che liaC. IC does not fit in with the priority that the County wants to make. Supervisor Richter asked about the estimate of the agmber of units that would be constructed far housing; he was told that the estimate was 775 unite. On motion of Supervisor McKiliop, seconded by Supervisor Richter and carried, the Board adopted the goals and objectives and project priorities, with the striking of No. 3 from the list, as recommended by the Advisory Committee. stated Mr. Sheehan/that they would be completed with the work for Gridley and Oroville on Thursday. They would like to have the Board authorize the Chairman to sign the application oa Friday and send the application forward. On motion of Supervisor McKillop, seconded by Supervisor Madigan and carried, tae Chairman was authorized to sign the application for presentation to HiJD. Supervisor Richter stated that there has been a great deal of criticism that Mr. Connerly had a difficult time coordinating with the Sheehan stud group. He would like to hear Mr. Pageh~'~Bs response to the City of Chico s February 25, 1975 ~ r~* s~ C O t. m si @ ss is tl 6 -`. m. merr~$~yc2~ ~ Y167i ~ C~ 01 a tl d~~ 6 Q Y m allegaCions. Mr. Sheehan stated he had sat dawn and talked to them with regard to coneultanta mutual properties. He stated that the Citq of Chico has done several studies with regard to housing. The determination of their particular needs does not fit with the over all program that is being done here in the County. The rehabilitation program is Chico's No. 1 priority. When the application is filed, housing study or project w111 be the No. 1 priority. Mr. 51-eehan said he would rather submit a joint application. He feels that Mr. Connerly is looking out for his employer, City of Chico. 75-394 APPEARANCE: GUY HART. OROVILLE Guy Hart, resident of Oroville and within the Oroville Wyandotte Irrigation District. He commented an the resignation of Jim Rackerby as a member of the Oroville Wyandotte Irrigation District Board of Directors. He would like to recommend that Ernie Hatch be considered for appointment to fill the vacancy. 5vpervisor McKiliop stated that the Board appreciated this recommendation, but he was not sure that the Hoard has the authority to make the appointment. It is felt that the District has to make this appointment un~er the new 'f]egisiatioa. Mr. Hart slso asked how he could get a copy of this study that has been proposed for housing. Chairman Ladd said he could have a copy of the information item discussed today. 75-395 APPEARANCE; RALPH BEEMER. VICE-PRESIDENT OF GOLDEN MOBILE HOME LEAQUB Mr. Ralph Beemer, Paradise, stated he wished the County could improve the air traffic out of the County. He said that on his return back to Paradise from one of his trips, he had found that the Board had discussed the placing of mobile homes on private property for rental purposes. He is meeting with CSA.C on Friday to discnsa a bill concerning renting of mobile homes outside of mobile home parks. AB 910 will cover and make 3t legal for mobile homes on private land to be rented legally. He would appreciate Board's consideration of this bill. He said he wished the BoarA could consider having a representative from the mobile home field on committees consisting of citizen groups. 75-396_ APPEARANCE: BP.RBARA BOWMAN. OROVILLE Barbara Bowman, Oroville, member of the Oroville Wyandotte Irrigation District Board, said she had hoped that a director would be appointed today. These will be a bond election in May end they need a full Hoard C® consider actions that must be taken. Supervisor McKillop said he was prepared to make kis recommendation for the appointment. County Counsel will check out the matter of whether the Beard could make this appointment. 75-397 APPEARANCE: JOHN C. PETER50N. OROVILLE John C. Peterson, Oroville, retired, spoke about the matter of mobile homes. He said Chat what a senior citizen wants is about ~ acre of land; he could build a house for himself; here fruit trees and a garden. He feels that when you place a lot of senior citizens in mobile homes, they deteriorate. He does not think the County should push the mobile homes. 75-398 APPEARANCE: MR. LOUIS VAN ZANDT. OROVILLE Mr. Louis Vea Zandt, Oroville, said he owns apiece of property located on Greenville Street, Oroville. Back in 1917 the road Leading into this property was abandoned. His property is now landlocked. The road is being used and maintained by the County. Statements discussed. Supervisor Richter suggested that Public Works staff make a study of this problem. Mr. Castleberry said he would meet with County Counsel and attempt to come up with a solution. No action at thin-Yiwe. Page 129. February 25, 1975 ~~ a n e a~_~~ m~ m R.~ ..F,ebr~u~r~'~5~e p9~5z ~ o a a~ v a~ a ®a o s 75-399 APPEARANCE: PAT PORGANS, CHICO Mr. Pat Porgans, Chico, stated he had written a letter to Mr.Gregory Harding, Community Assistance Officer, Office of Planning and Research, Sacramento, about the coamaxnity development project grant. Re gresented copies of this letter to the Hoa=d members. Mr. Porgans group requested that consideration be given to Butte County's application for Grant X701. Discussed; no action taken. 75-400 ADMINISTRATIVE ITEMS APPROVED: ADOPT RESOLUTION 75-34 GOLDEN FEATHER FAIR Request to declare "dead stock" in Central Stores inventory surplus discussed. Mr. Bosworth set out the type items this covered. It was felt that the best way to dispose of this property was to have it declared surplus. On motion of Supervisor McKillop, seconded by Supervisor Richter and carried, the following action was taken: 1. Declared "dead stock" in the Central Stores inventory surplus and authorized disposal by the Purchasing Officer. 2. Adopted resolution 75-34 authorizing request for bids for improved water system at Golden Feather Fair and authorized the Chairman to sign. 3. Approved payment of claim of Robert F. Biggs Company for Cal- Osha repairs at Golden Feather Fair in the amount of $817.37 for work done on Executive Order F-74-157, Cal-Oahe repairs. 4. The following budget transfers were approved: H-146 Institutional and Co:~rectinnal $k;,000 from the reserve for contingencies to support and care of persona in institutional and correctional budget. B-147 Central Services - $148.60 from other vehicle maintenance account to the equipment accounty B-148 Local Agency Formation Commission - $100 from transportation end travel and $100 from rents and leases, with a total of $200 going to publications and legal notices. B-149 Paradise Constable - $200 £rom communications to office expense B-150 Library - $15 from special departmental expense Co memberships B-151 Gridley Justice Court - $115 from Board authorized travel to equipment maintenance, and $85 from Board authorized travel to office expense B-152 Central Services - $134 from motor pool vehicle maintenance to force account-coat of signs with the Central Services budget 75-401 ADOPT RESOLUTION 75-35 AUTHORIZING COUNTY CLERK TO CANVASS THE PRECINCT RETURNS On motion of Sugervisor McKillop, seconded by Supervisor Madigan and caul ed, the following resolutions were adopted and the Chairman was authorized to sign: Resolution 75-35 authorizing County Clerk to canvass the precinct returns of the March 4, 1975 governing board member election Resolution 75-36 that henceforth all ballots cast within the county on Votomatic or round hole punch cards shall be counted at the Data Processing Centel located at 278 Nelson Avenue 75-402 CONSIDERATION OF "NOTICE OF_ePPLICANT," FORMS - PLANNING COMMISSION Consideration of "notice of applicant," forms which would become part of the application `'cr variance to the Planning Commission discussed. Page 130. February 25, 1975 ~ ~ ~, ~ Q o m~ a~~ n m s m m ..F€bfu~ry ~5t 19Z5~ ... ~ ~ a. s a m ., ~ e These forms had been mailed to Board members. Forms discussed; no action taken. 75-G03 ADOPT RESOLUTION 75-37 OF INTENTION TO ABANDON: HEARING SET POR APRIL 8. 1975 The Dena Barnes request for abandonment of a 20 ft, radius return located in the southeast corner of Lot Ll of the Sierra Vista Subdivision No. 1, as recorded in office of the Recorder at Book 25 Maps of Record, pages 33 and 34, Butte County, California, discussed. Mr. Castleberry will present a memo concerning this abandonment. On motion of Supervisor McKillop, seconded by Supervisor Richter and carried, Resolution 75-37 of intention to abandon was adopted, hearing date was set for April 8, 1975, at 2:00 p.m. and the Chairman was authorised to sign. 75-404 APPROVE TENTATIVE PARCEL MAPS RECOtAfENDED FOR APPROVAL On motion of Supervisor McKillop, seconded by Supervisor Madigan and carried, the following tentative parcel maps recommended for appro;ral were approved, subject to the conditions, and with the note that negative environmental impact reports have bees filed; Zoned A-2 & 5-H Ksnt Kibbe, AQ 71-16-01, 4 lots, northHrest side of Lumpkin Rd., north ^f South•Fork Feather River, " east of Oroville. Surveyor: jGraves & f~eddis Pursuant to the requirements of 5eotgon 20.3 of the Butte county ' Code, the tentative map of the above property has been reviewed by the Butte County Subdivision Committee and the Planning Commission. The Subdivision Committee and the Planninq Commission recommends approvni of the map, subject to the following condYtions: 1. Provide traversable access, encroachmsnt permit requested. 2. Provide a cul-de-sac at end of existing easement. 3. Deed to the County of Butte 30 ft. right-of-'way measured from the centerline of Enterprise Ad. • 4. Indicate a 50 ft. building setbac}: line measured from the centerline of the road. ~ ~ A Negative Declaration was filed with the County Glerk on August 20, 1974, Regarding Environmental Impact. Zoned A-2 Mary Roza Stevens, AP 47-26-87, 2 lots, south side of Keefer Rd., east of Hwy. 99, Chico. pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative garcel mag of the above property has been reviewed by the Butte County Subdivision Committee and the Planning Commission. The Subdivision Committee and the Planning Commission recommend approval of the tentative map subject to the following conditions: 1. Deed to the County of Butte 30 ft. right-of-way from the centerline of Keefer Rd. 2. Indicate a 50 ft. building setback from the centerline of Keefer Rd. Page 131. February 25, 1975 r"` r"~ February 25, 1975 m c c ro s a a a Q a a c s c a c c m m a a a n m e e a a e e- c r. a c 3. Endicate on the undeveloped parcels an area location of wells and a 100 ft. septic tank free setback from said wells. A Negative Declaration Regarding Environmental impact was filed with the County Clerk on January 27, 1975. 75-405 CONCUR WITH PLANNING COMMLSSION AND DENY PARCEL MAP: GLORIA HALLINGER On motion of Supervisor Richter, seconded by Supervisor McKillop and carried, the Board concurred with the recommendation of the Planning Commission and denied the Glosie Ballinger, AP [}4-03»14, 2 lots, portion of Tokay Tract, approximately 4 miles northwest of Chico. 75-406 APPROVE REAPPOINTMENT OF EVELYN KELLEHER TO SIGGS MEMORIAL HALL COMMITTEE On motion of Supervisor Madigan, seconded by Supervisor Richter and carried, reappointment of Evelyn Kelleher to the Biggs Memorial Hall Committee for a new four year term t~ e~•pire December 31; 1478 was approved. RECE55: 12:00 RECONVENED: The Board reconvened at 1:30 p.m. and then recessed to go into an executive s~seion. RECONVENED: The Board reconvened at 2:10 p,m. following an executive session. Chairman Ladd stated that personnel matters and litigation had been discussed during the executive session. 75-407 PUBLIC HEARING: LUHR BROTHER, INC. APPEAL OF DENIED USE PERMIT: CONTINUED TO MARCf~ 18 The public hearing on the Luhr Brother, Inc. appeal of denied use permit, was held as advertised. Jim Lawson, Planning Director, stated that this use permit was denied by Che Planning Commission on a 7-1 vote. This quarry operation is located on Cohasset Road. Several people were at the hearing held by the Commission to oppose the use permit. The Planning Department has not received any complaints about the blasting at the quarry but the Sheriff's Department had received soave. Supervisor Madigan also received some complaints regarding the blasting. Supervisor Richter questioned this cperation receiving a negative ETR when people have complained about flying rocks and broken windows. Brian Rix, deputy county counsel, stated that he had checked with the Sheriff's Department and that the company was current on their permits for blasting. Hearing opened to the public. Appearing: Philip Sto~s~ attorney with Downey, Brand, Seymour and Rohwer of Sacrament, representing the applicant, Mr. Stohr explained Chat his ci~?ent had not appeared at the Planning Commission h-ari.ng due to a misunderstanding. They were under the impreeaion that their presence was not necessary. Mr. Stohr circulated an aerial photograph of the area to show the exact location of the quarry. He gave the background of the operation, which is the extraction and processing of rock for use on #lood control and bank protection projects. There are approximately 21 employees at the quarry, which is basically a daylight operation. The plant does work at night in cases of emergency, Mr. Stohr presented a photo of the rock crusher machinery which has done away with .he secondary blasting the company used to do. Mr, Stohr explained that there ara two types of blasting, primary Yage 132. Febrr~2ry 25, 1975 ~1 Februz~ya25, 1975 a c c e e e a a a c a m a m m a a a a a ~e ~r a s= a a a r w r r a a a a a and secondary. The secondary blasting ceased in 1973. This is when damage was done to some surrounding houses for which two claims were paid by their insurance company. Diacussicn of claims. Mr. Stohr stated Chat to their knowledge there has been no complaints for 1974. Mr. Stohr stated that they did not object to the conditions placed on the use permit. Supervisor Madigan questioned regarding the blasting. Mr. Merle Kramer of the Lahr Brothers, Inc. explained the secondary blasting method they use, which is hydraulic. They use dynamite for the primary blasting. Claims discussed. One was submitted for approximately $4,000 and the other for $57. These and other damages occurred during 1973 before the rock crusher machinery was obtained and more blasting had to be done. Supervisor Richter asked Mr. Stohr if there are windows still being broken. Mr. 5tohr stated that they did not know at any. There were only two grimary blasts in 1974 and no secondary blasts. Linda Kiebel, Kiebel Lumber Company, stated Chat their company is directly across the road from the quarry and they have no objection whatsoever to the use permit. They had received some damage in 1973, which was paid by Luhr Bros., when the secondary blasting was being done. A. M. Henderson, Luhr Brothers, Inc., stated that he han been present occasionally when the blasting was being done. He stated that any time there is blasting, there is going to be a certaia amount of flying debris. He explained the blasting. He also explained that there is a certain dust problem created but they are trying to control this with a sprinkling system, water truck, and paving of the road into the operation. Mr. Stater entered the photo of the rock crusher and a map of the sea into e•-idcnce. Hearing closed to the public and confined to the Board. EI& discussed. Supervisor Richter stated that he would like to be able to talk to the people in the area to get their opinioa of the matter. Supervisor Ladd questioned as to .who has control of the blasting. Mr, Henderson stated that blasting used to be under the control of the Bureau of Mines but it is now under CAL-OSHA. Flying debris discussed. Mrs. Kiebel stated that Chere has been no rocks flying into her yard. Mr. Kremer stated that there is bound to be a small amount of flying matter when blasting is being done. He explained that during a blast, traffic is held up on the road and the area is cleared for safety. Mr. 5tohr stated that they would be happy to arrange for the Board members to view the operation. Discussed. Hearing continued to March 18 at 2:00 p.m. 75-4C8 PU£LIC HEARING: APPEAL OF SUBDIVISION COMPfLTTEE DECISION POR AE 57-06 & 57-20 BX PHIL MACE: CONTINUED SIX MONTHS Hearing held as continued from a previous meeting. Hearing opened to the public. Appearing: Phil Mace, attorney representing Sam Fortino and various corporations under issue. Mr. Mace gave the background of the matter. He stated that they will not be needing certificates of compliance and would like a six months conCinuance. They are in agreeme$~tAol~edrfoxm what is essentially subdivision February 25, 1975 ~"'~ ~ s a~ a m n rF{~sb~~~i Cs ~9~5me a m m ex a~ n a improvements. He explained the improvement they are going to make. They are now willing to post a bond and enter into gn agreement with the county regarding the improvements. Discussion of the agreement and the continuance of the hearing held. Paul Baker, property owner in the area, appeared against the lot sglit. He felt this was an illegal subdivision and should be handled as such. Bettye Blair, Planning Department, explained that some of the lots have been sold. Supervisor Richtex stated that the Board is going this route to protect the innocent buyer. Ken Murray, property owner is the area, wanted to be sure that this was going to be done right. He was concerned about the road to his property, which he thought was a private road. Mr. Mace stated that he was under the impression that the road was a county road and that it had not been an issue is this matter. Matter discussed. Mr. Murray was also concerned about the fire protection for the area. Mrs. Blair read a letter from Jerry Letson of the Division of Forestry suggesting the necessary fire protection. Mrs. Harold Murray, also of the area, objected to the 20' road. She didn't feel this was an adequate road. Diacu~aion. Hearing closed to the public and confined to the Board. On motion o f Supervisor McKillop, seconded by SupervisorMadigan and serried, the Board continued the hearing for six months. Mrs, Blair will notify Mr. Murray when the agreement is submitted. 75-409 APPEARANCE: SHERIFF' LARRX GILLICK RE NARCOTICS TASK FORCE FUNDING Larry Gillic~C, Sheriff, reported that he'had received a sell from Sacramento stating that the CCCJ will continue funding the Narcotics Task Force. 75-410 APPEARANCE: R. A. MACKESSY AGRICULTURAL COMMI55IONER Mr. Mackessy reported on the prateat filed by Chuck Horning concerning the denial of application under the Land Conservation Act. He stated that the time was up for Mr. Horning. There '_s no way to help him now due to the time. The deadline is March 1. Mr. Mackesay explainer' that this man brad applied for timber as well as £or cattle grazing. However, the timber that is on the land is not accessible except for logging by helicopter and there is no fearing for the cattle grazing. For these reasons, Che man was turned down. Chairman Ladd stated that the Board had earlier decided to write the man a Letter asking him to give them a date for a hearing on the matter. Discussed, No action taken. Mr. Mackessy also reported on letters of opposition to proposed ordinance prohibiting open burning in Butte County, He explained that this is part of the implementation plan from the State Air ~~sources Board. By 1975 open burning, back yard burning, will be banned in the Sacramento Valley Basin. He stated that the Board will have to consider what an urban area is and if there is an alternate waste disposal in the area. Mr. Mackessy explained how this information had reached the people. He stated that the letters they are receiving in their office is running 10-1 in favor of the present regulations. Supervisor Richter questioned Mr. Mackessy regarding the regulations in Paradise. Mr. Mackesay explained tl~a~,options the Board has in adopting Page 1~4. February 25, 1975 /.~, /"`. Febru~aoy 25, 1975 d YY O Fl A d A 14 ~ Q C Q~ 4 d d O C O C a 4 S C 4 Y ftll Yp Q Q Q C~ the regulations. He is now making a proposal for the county but iot for specific areas, There will be a public hearing in Sacraments March 3 regarding a 50-50 plan for burning. This means that farmers would do 50% burning in the fall and SOX burning in the spring. Mr. Mackessy opposed this idea because he doesn't feel that it would permit farmers to get their crops in on time due to the variablity of the weather. On motiaa of Supervisor Richter, seconder by Supervisor McKilLop and carried, the Board authorized Mr. Mackeasy to wrfte a letter under the Chairman's aignatuxe opposing the 50-SO burning proposal as presented. 75-411 DISCUSSION: HUD APPLIGATION Chairman Ladd stated that he had been considering the AUD application discussed earlier. He read the L~_tter the Board had received regarding this. Discussion. Chairman Ladd asked if it would be is order for Clif 111ckelson to check into the matter. Mr. Miakeleon wii". da Chis. 75-412 APPROVE ADDING FUNDS TO CETA TITLE I ADULT TRAINING PROGRAM Chairman Ladd stated that he had received a letter from the Manpower Director requesting the Board to approve adding funds to the CETA Title I Adult Training Program. This has been approved by the Manpower Planning Council. Oa motion of Supervisor Richter, seconded by Supervisor McKillop and carried, the Board authorized Che grant application to add $121,824 to the CETA Title I Adult Training Program. 75-413 fISCU35I0N: LETTER FROM COL. ROCKWELL OF CORPS OF ENGINEERS Chairman Ladd stated thaC he had a cell from Col. Rockwell of the Corps of Engineers in regard to the Soard's latest letter. Chairman Ladd stated that Col. Rockwell was a little apologetic about the contents of the letter. He would like to have a meeting with Che Board. Chairman Ladd will contact Col. Rockwell to set up a meeting for the Supervisors and Col. Rockwell. 75-414 MATTERS PRESENTED BY THE BOARD Supervisor Madigan stated that on the petition submitted in regard ';o Luhr Bros., lac. use permit, mast of the signs urea were husband and wife, some lived in Chico and some had objected to other matters than the blasting. Supervisor Richter commented on the fact that agencies can apply for buses and vane aC 80% financing. He would like to see L-bst matter regulated some way. 75-415 APPROVE APPOINTMENT OF ERNIE HATCH TO OROVILLE-WYANDOTTE IRRIGATION DISTRICT On motion of Supervisor McKillap, seconded by Supervisor Richter and carried, the Board appointed Ernest Hatch to the Oroville-Wyanaotte Irrigation District Board of Directors, until the next general election, rep acing Jim Rackerby. 75-416 DISGU35ION: TIMBER-FOREST PRACTICES ACT AND EIRS Supervisor MclCillop stated ChaC he had attended the Z'Berg land and resources meeting in Sacramento where they discussed the forest harvesting plan. There were many people there from the industry. Supervisor McKillop said he went on record as feeling that the Forest Practices Act Page 135. February 25, 1975 ~~"^ P'^ a ~. S D tl a 6 O i2 ii O O D C tlC Y Yep. O~m2R,O1S7C i 0 0 0 D 6 C C~ p m O a should be exempt from the EIR, He felt that the Board should also write letters to the committee expressing their opinion, On motion of Supervisor McKillop, seconded by Supervisor Madigan and carried, theBoard authorized letters to be written to the members o£ the Z'Berg Resources Committee stating that the Board feels that the Forest Practices Act should be exempt from the EIR. 75-417 AUTHORIZE CONTINUED FUNDING OF THE NARCOTICS TASK FORCE Discussion of when the funding from CCCJ,*aill be effective. On motion of Supervisor McKillop, seconded by Supervisor Madigan and carried, theBoard authorized continued funding of the Narcotics Task Force until funds are raceived~from CCCJ. RECESS: The Board recessed at 4:10 for an executive session. RECONVENED: The Board reconvened at 4:30 following an executive session. 75-418 AUTHORIZE PROCEEDING WITH INJUNCTION Supervisor McKillop stated that it had been discussed in the executive session that there might be a zoning violation. On motion of Supervisor McKillop, seconded by Supervisor Richter and carried, theBoard authorized proceeding with the injunction against Mr. Fred Green Jr., pending County Counsel's determination that the use is not grandfathered in as anon-conforming use. RECESS: The Board recessed at 4:35 p.m, to recpnvene Wednesday, February 26, 1975 at 9100 e.m. for a joint meeting with the Planning Commission. February 26, 1975 RECONVENED: The Board reconvened at 9:06 a.m, to meet with the Planning Commission. Present: Supervisors Madigan, McKillop, Richter and Chairman Ladd. Dan Blackstock, County Counsel, and Clark A. Nelson, by Margie Catt, Board of Supervisors Clerk. Members of the Planning Commission. 75-419 JOINT MEBTING WITH PLANNING COMMISSION Gene Sylva, Chairman of the Planning Commission, started the meeting off with setting out background matters to be discussed during this meeting. He said that for the record the recommendations presented to the Board by the Planning Commission are usually based on good judgment and based upon information received at public hearings. Actions taken at Planning Commission meetings explained. The Planning Commission hears the complaints and opposition at the hearings. When a recommendation is made Co the Board of Supervisors by Che Planning Commission, Chen the acCion of the Board of Supervisors should be to either deny therequeat, modify it or pass it in its entirety. Mr. Sylva explained the Planning Commission members feelings in Chis matter. Supervisor McKillop stated that at the Board of Supervisors' hearings, the Board gets different in-put than presented at the Planning Commission hearings. Supervisor Richter agreed with Supervisor McKillop, stating that the Board does get different facto than the Planning Commission. No one shows up at the Plan~eing meetings; when the Board holds their hearing, ' Page 136. February 25, 1975 s~.na~.~~ Fearaaayo25,61975~~~~'m~ a great number of people are present to either object ar approve the request before the Board. Chairman Ladd said he would like to have this meeting go as an informal meeting. All Planning Commission members present sho~.d'be allowed to speak. Mrs. Yriaeilla Hanford, Planning Commissioner, stated that it might be well worth suggesting that the reason the Board receives different data at their meetings is that it has been obvious that noses are counted at the Board meetings but they are not at the Planning Commission hearings. These people put the heat on the Board members. Supervisor Richter said he does not want to give the opinion th^.t theBoard counts heads; this is not true. It is a matter of the facts that are presented at the Board hearings. Mrs. Hanford said the Planning Commission would prefer when Che Board sends something back to the Planning Commission, that it be for anew hearing. Chairman Ladd explained why items are sent back to the Planning Commission, Mrs. Hanford said their main concern was on how and what pace the Board expects them to proceed with the State requiremenL• for a General Plan. There has been no action by this Board on the :eather Falls rezoning. She explained the matters involved in the Planning Commissions study. They have had a continued Lack of decisions regarding some of the important rezoning areas. There is a lack of progress is regard to the timber mountain zoning. A decision should be processed throLgh this Board on the Feather Falls rezoning. Tae Planning Co:mniasion needs direction from the Board of Supervisors on the prioritq areas remaining to be zoned. Mrs. Hanford asked why the Planning Commission should spend time studying and making recommendations if the Board is not going to act on their recommendations. The Planning Commission wants to be sure that when they complete a study it ie not le€t dangling before a decision is made. Supervisor McKillop commented on the study made on the Cohasset area. He felt it is a good study. Forest Ranch has a committee that is working on the rezoning for that area. These jobs have been well done. Mountain areas discussed. Mooretowa is being well studied by the people. Supervisor McRillop stated that the County of Buttes General Plan was inferior to the other counties, as far as the open space element was concerned. Mrs. Hanford felt that it would be beneficial if this Board would express themselves to a comprehenai•~e plan for t'~e County. Maybe outside help should be obtained in this examination. There should be a General Plan review. Supervisor Richter said the ag plan concerns him. He does not Iike the Chico plan for the wesC area. Chico does noC have an inventory of the uses. There ie an element in Ghico that takes a view that there should be absolutely no development on lend that has Vina loam; tiis is shown as ag zoning. Mrs. Hanford set out examples of zoning and their changes. Some things in the mobile home park designation are wrong. She would like to see conaultantsacpplied to give the planners data on zoning problems. The Planning Commission hoe been told repeatedly that thin would help greatly in the ease of keeping the County out of Court. There should be sufficient supporting evidence in the General Plan. Page 137. February 25. 1975 ~ ~ r a a a m o a a e m a o m m aFPeb~Y@~ ~e6t ~9j5b . s v e a d a a a g m a a Luis Camenzind, Planning Commission member, read sections of Article 4 of the Constitution. He explained the problem of zoning that has increased the taxes on private property. Mr. Camenzind said that if the County wanted to protect the agriculture lands, then they should follow the proper assessment procedures. These farmers are being forced off the land because of taxation. Mr. Camenzind asked if A-2 zoning is a legal zoning in this County. Dan Blackatock, County Counsel, explained A-2 zoning. Certain uses are subject to a use permit. Mr. Watson said that one of the things that distressed him ,.ia the use of the interim zoning. Iaterim zones have been put on top of other zoning that tenses inequities. There should be a mechanism that could breach these inequitiee•r-. Supervisor Bichter stated he was going to be aver; difficult person to get to vote favorably on interim zoning. Another matter presented by the members of the Planning Commission was that they just handle the horde of people thaC want something dose. A lot of matters could be handled by someone at a desk. it would cut d^wn on the traffic at the Planning Commission meetings. Mr. Blackatock stated that this has been talked over many times. If the Board wishes, they can set out a procedure in this regard. Mr. Sylva stated that there era items that do not need to; be placed before the Board. Only the appeal deciaioae should be taken before the Flanning Commission and the Board of Supervisors. Appeal procedures should be left in. Mr. Sylva said he was hopeful that the Board would re-consider their appointments to the E.I.R. Committee. Someone from planning should be sitting on that Committee that could balance out the vote. Suggeatlon discussed. County Counsel will prepare s List of items that could be handled by the Planning staff; the Board could decide whether Chey want to modify the list. Mr. Lawson will get a list to the Board regarding the use permit process. B.I.R. Committee discussed. Supervisor Richter said he would like to make one point, this concerns the west side zoning in the agriculture lands. He would like to recommend to the Board that a citizens advisory committee he appointed for that area sad that they study and make recommendations for the best zoning for that area. He feels that this should be handled as soon as possible. Mrs. Smith, Planning Commissioner, said she feels vary strongly that the County moat have a representative from the Planning Office on the E.I.R. Committee. She feels that the adminiaCering of the reports would be greatly enhanced. This representative should have a vote on the committee. Committee discussed. Mrs. Hanford said she would like Co hear from some a£ the Board members on the items presented by the Planning Commissioners. She does not feel that she hoe any more direction from the Board now than when this meeting started, Should the Planning Commission proceed with some proposals for other areas or should they wait until people come to the Planning Commission with zoning requests. She would also like an answer to the request about a voting member from the Planning Department. Page 138. February 26, 1975 ~• ~. m m m a a n ^c m a cr a m e sFeeb~~~ ~6! ~~~4~ n u m m m m a a o a o n: s m Statements of Mrs. Hanford discussed, On motion of Supervisor Madigan, seconded by Supervisor McKillop and carried, two voting members were added to the E.I.R. Committee, one from the Planning Department and the second member to be a public safety member, from the ~hrtsiff~s Department, making a total of five members, - ~ - interim zoning discussed. The general sympathy is far more restraint in the interim zoning. An announcement should be made at a Board meeting that a committee is going to be set up so people could be presenC to request to be appointed to the committee. Tk:e committee meetings should tae open to the public. Supervisor McKillop felt that the interim zonings should only be an emergency measure; he would be amiable to having the interim zoning requests put off one week to give the Board an opportunity to view the area. it was moved by Supervisor McKillop and seconded by Supervisor Madigan that it be a policy of, the Board that interim zoning requests bP put over one week Co get in-put o£ khe people and to determine if there would be auy problems in placing interim zoning on the area. Motion discussed., Chairman Ladd did not agree with the motion. He explained problems that are created by not acting right away on the interim zoning. Supervisor Richter agreed that there .are not notices'or hearings on interims;~he would vote against this motion. Supervisor Richter said he'was gofng~to say to Mr. Lawson when interim zoning requests are before the Board, is .this fAr the health, safety and welfare of the people. t~r.~Lawson read the Government Code section relating to interfm zoning. He felt'~that a basic 4titiue kieciaion ie going to have to be made on any request. Brian Rix, deputy county counsel, suggested that it might be helgful in'the future if the individual requesting the interim zoning go First to the Planning Department with his request so thaC the Planning Department would have a list of matters pending and could present this list to the Soard before the interim zoning is adopted. Time spent discussing the problems created by interim zoning. No vote tatcen on the motion. Mrs. Smith bxough~ lip the matter of the Chico General Plan. She felt it was prettq complex pliaa. She has esctracted every reference made in the plan of impliementation to be made by the County, where there is County ~ur~sdiction. !~he felt this might be helpful to the Board. The Board +embers et+gted that.:tfiiy would like a ctpy of Chis list. Mrs. Hanford felt it would be helpful if the Board and Planning Commission,had another meeting, wi*-h the inclusion of the Assessor at Che meeting. In this way,,3the Soard might be able to better understand the economi"r, itapact o£ the~r decibions. There needs to be some broad policy guidelines in zoniag.;•This'm~ght be a good time to have such a meeting, with a iaew;Assessor ~iayying be{en elected. Supervisor McRillop agreed that there should be etimmunicatibnb with the Aasesaor, Could discuss the asseseipg of the pi•ope~ty that is affected by the zoning. 5 Meeting discussed. ;A date of April 16'.'• to follow the BCAG meeting', was suggested; The Clerk was xequested•to notify the Aasesaor of this he~ring dat~: 'and request that he be present. ' ~ i ADJOURNMENT: There being noth;.ng further before the Board at this time, the meeting was ad3ourned at 11:10 a.m. to reconvene on Tuesday, March 4, 1975 at 9:00 a.m. ~ " ATTEST: CLARK A. NIISQN, COUNTY CLERK J~ By:•,.,,;.,_ + airman of the oe ' Board bf Sup iso s Clergy . , i~ Page 139. February 26, 1975