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HomeMy WebLinkAboutM030574---, March 5, 1974 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a,m, pursuant to adjournment. Present: Supervisors Cameron, Gilman, Ladd, McKillop and Chairman Madigan. Clif Nickelson, Administrative Officer, Dan Blackstock, County Counsel and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. INVOCATION: Rev. Roger Reck, Foothill Free Methodist Church, Oroville Pledge of allegiance to the flag of the United States of America 74-298 APPROVAL OF MINUTES On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the minutes of February 26, 1974 were approved as mailed. 74-299 COMMUNICATIONS H. F. Cradduck, Paradise. Mx. Cradduck's appeal from the Planning Commission's ~ decision on variance for construction of a store was set for public ~~ 3 •tl hearing on March 12, 1974. Mr. Cradduck has worked out the situation with Public kTOrks and have reached a solution which will not require a variance, and therefore wishes to cancel his appeal and hearing. Discussed; hearing to be held March 12th. No action taken at this time. Walt Gleeson, Ventura. On November 2, 1973 Mr. Gleeson wrote to Butte County ~ ~ O .Z-~ re defense in certain litigation. County Counsel stated he would follow through on this matter. Defense authorized at earlier date. Blackmon, Isenberg, Moulds & Bliclcer, Sacramento. The attorneys file claim ~ ~ 0. Z g-for personal injuries on behalf of Andres Rodriquez. See motion following communications. County Assessor. The Assessor forwards communication from Ben G. Laskey r "'~ d requesting hearing before the Board of Supervisors pursuant to Section 4836 of the Revenue and Taxation Code. County Counsel will report back to the Board on this matter. Butte County Board of Laca Library Trustees. The Trustees express their appreciation to the $oard o£ Supervisors for authorizing an increase ~~ 7.~ in 7.aw library filing fees. Information only; no action needed. Butte County Association of Governments. The BCAG at its February 20 meeting authorized expansion of the committee to review the Regional Solid / O O.~f/ Waste Management Plan in Butte County. The Board of Supervisors is requested to make four appointments from certain areas. Discussed. Appointments put over one week. City of Chico. Mayor Ringel writes regarding the Council's discussion on ~ ~ matters relating to health care, and expresses the Council's feeling 33 ~' that the County should fund health care services on a uniform basis throughout the County. He specifically requests financial support for the Chico Neighborhood Health Center. Referred to Dr. Enloe; copies of all these letters to be made for Dr. Enloe. City of Chico. The City Council requests the Board to consider the adoption / O 0.~ 0 of a limited burning ordinance and autumn leaf pickup program in Page 311. March 5, 1974 __________====March 5,=1974=====__ ____ __ ___ the Chico urban area similar to that adopted by the~City two V years ago. Discussed. Supervisor Cameron and Supervisor Gilman appointed to meet with City and review this matter. Mrs. Dorothy Deane, 1'HN. Mrs. Deane is school nurse at the Chapman School ~~ a d and writes to request County support of the Chico Neighbor"school 3 3 Clinic. Referred to Dfto Enloe. State Department of Fish and Game. The Department aclcnowledges receipt of ~ ~,p d the $500 made available through California Kamloops for steelhead 7 tagging in the Sacramento River, and expresses appreciation for this contribution. Information. Copy to be sent to Gene Mercer, Butte County Fiah and Game Commission. State Office of Emergency Services. The Director forwards materials on the c/ / =.,O d flood Disaster Protection Act of 1973. Referred to George Stamm for study and report back to the Board on March 19th. California Medical Association. Thomas Elmendorf, president, sends telegram y requesting the County to make provision for priority in gasoline ~ b d.'3 allowance for physician's vehicles when they are providing essential medical services in any fuel allocation. plan adopted. Discussed; no action taken. Congressman Harold (Bizz) Johnson. Telegram advising thaC hearings on Mining / 4 0•~ Z...• Laws will be held March 7th and 8th. Read; no action taken. Michael J. Boynton, Staff Archaeologist, California State University, Chico. He would like to have the opportunity of becoming a member of or working closely with the recently formed Historical Advisory Committee for Butte County. Read and discussed. Referred to Mr. Nickelson for answering. Susanne Swanson. Protest the Fish & Game requesting permission to hunt around '~ yG.C o Lake Oroville. Read; no action taken. Law Offices of Baker & Cornell. Claim of Harold Gravelle to be released from duty to support parent. Referred to Welfare Department for study and report back to the Board. Dorothy J. Hill, president-Association for Northern California Records and L ', 0 ~ Research. Request-that the Butte County public records listed on attachment, presently located in the basement of the old jail, be placed on deposit in the library of California State University, Chico. Referred to Administrative Officer for study and report back to the Board. United States Department of the Interior. Announcement of Central Valley 3,Z'~ •~ ~ Total Water Management study meetings scheduled March and April, 1974. Barbara Hyde. Concerning the Stilson Canyon hearing to be held at 2:00 p.m. a this date. To be held until that time. Mrs. Wimbaum. Chairman Madigan reported on the letter she received from the County Treasurer. This concerns taxes dating back to 1968. Chairman Madigan requested that the Treasurer respond to this matter. 74-300 CIATM OF ANDRES RODRI UEZ REJECTED On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, the claim of Andres Rodriquez in the amount of $160,465.75, for personal injuries sustained by Claimant on or about November 21, 1973, was rejected and referred to County Counsel. 74-301 ADOPT ORDINANCE N0. 1434, AMENDING AND ADDING CERTAIN PROVISIONS OF CHAPTER 20 OF THE BUTTE COUNTY CODE: ADOPT RESOLUTION 74-32, AMENDING CERTAIN SUBDIVISION AND IAND DIVISION STANDARDS ESTABLISF{ED BY RESOLUTION N0. 72-62 Proposed ordinance amending and adding certain provisions of Chapter 20 of Butte County Code, whose first reading was waived, was discussed at this time. page 312. March 5, 1974 _ - - - = W = _ _ _ _ _ _ _ = riazch ~ > =1474 _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ This was presented at this time for the second reading of the ordinance and discussion of the proposed resolution. The modifications set out last week have been incorporated within the ordinance and resolution by County Counsel's office. Ordinance and resohtion discussed. On motion of Supervisor Gilman, seconded by SupervisorMcKillop and unanimously carried, the second reading of the ordinance was waived, Ordinance No. 1434 amending and adding certain provisions of Chapter 20 of the Butte County Code was adopted, Resolution 74-32 amending certain subdivision and land division standards established by Resolution No. 72-62 was adopted and the Chairman was authorized to sign, 74-302 DISCUSSION: REVEN~JE SHARING FUNDS REQUESTS Clif tickelson, Administrative Officer, brought up the subject of the request by Mr. John McLaughlin for Revenue Sharing funds for use by the Chico Neighborhood Center. This matter had been referred to the Administrative Office for follow-ug. The Board told him to contact the other organizations concerning this matter. He said he would like to have the Board re-affirm this request before the other agencies are contacted. Supervisor Gilman said the Administrative Officer should Follow through and should take an inventory of the funds that are available and the projects that need funds. Priorities should be given. Use of Revenue Sharing funds discussed. Mr, Nickelson explained the affects of these funds on the County's tax rate. Tax funding within the County explained. He said the Reserve for Contingencies fund will have to be reduced. Mr. Nickelson said this would be an interesting and confusing budget session that will be discussed this year. Mr. Nickelson said he had given the Board members a breakdown of the various Revenue Sharing funds on hand; he stated he had left off the matter of the addition to the Public Works Building. Supervisor Gilman said he would like to see a better breakdown of the Chico Neighborhood Center before he would go along with giving them funds. He doubts if the organization has the ability to operate the type proposal that they had set out. Discussed; no action taken. Mr. Nickelson will give the Board a full report of the organizations that would qualify and what they are proposing. Mr. Nickelson will give the Board more detailed information concerning the use of these funds within the next two weeks. 74-303 APPROVE NYC IN-SCHOOL GRANT P~?DIFICATION On motion of SugervisorGilman,seconded by Supervisor Cameron and unanimously carried, the NYC In-School grant modification to reflect the increase in hourly rates of enrollees from $1.65 to $1.70 per hour was approved and the Chairman was authorized to sign. 74-304 ADOPT ORDINANCE 1435 AMENDING ORDINANCE NO. 1284 OF THE COUNTY OF BUTTE, KNOWN AS THE "SALARY ORDINANCE" On motion of Supervisor Gilman, seconded by SupervisorMcKillop and unanimously carried, Ordinance amending Ordinance No. 1284, known as the "Salary Ordinance" second reading was waived, Ordinance No, 1435 amending Ordinance No. 1284, known as the "Salary Ordinance" was adopted and the Chairman was authorized to sign. Page 313. March 5, 1974 March 5, 1974 74-305 ADVANCE STEP HIRING FOR SHERIFF OFFICE APPROVED On motion of Supervisor Cameron, seconded by SupervisorMcKillop and unanimously carried, the request of Sheriff Gillick to hire the Regional Narcotics & Intelligence Investigators up to C step of Range 21.5, based on the qualifications and experience of the applicants was authorized. 74-306 AWARD BID FOR REMODELING OF SAFEWAY BUILDING Report and recommendation on remodeling bids for Safeway building £ox use as County Library discussed at this time. Supervisor McKillop questioned Supervisor Ladd about the use of vinyl wall covering. Supervisor Ladd said that it would be his opinion that it would be awash-out to use the vinyl. Bids and alternate bids discussed. On motion of Supervisor McKillop, seconded by SupervisorGilman and unanimously carried, the Board followed through on the recommendation of the architect and awarded the bids for the remodeling of the Saf~ay Building to Dair A. Tandy of Oroville, on the alternate bids, and to Chico Carpet & Interiors for carpet with foam pad, in the amount of $12,~i0.65. 74-307 APPROVE SALE OF INCINERATOR-SAFEWAY BUILDING Pursuant to the Baard s request, the bids fox sale of the incinerator at the Safeway building are presented £or Board approval. The posting for sale of this item has been completed and an offer of $200 has been received for the removal of the incinerator. Tom Struthers, Purchasing Agent, reported on a telephone bid received for this incinerator from a gentleman from Yuba City, a Mr. Rauasy, in the amount of $251. This is $S1 more than the bid received earlier. Discussed this bid and the awarding of the bid. It was suggested that this bid could be awarded, subject to receigt of a written confirmation of the bid, On motion o£ Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the sale price of the incinerator at Safeway building in the amount of $'251. was approved, for sale to Mr. Raunay, providing it is confirmed in writing. 74-308 APPROVE TRANSFERS OF HOSPITAL SURPLUS ITEMS Board approval is requested for transfer of Hospital surplus items to County Departments as follaws: an oak table and plate file to Central Services; a dining table ana a two drawer file to the Sheriff's Department; a four drawer metal file cabinet to the Public Works; all items listed as assets or contents of the Hospital maintenance shop to County Buildings Department. Transfers discussed. On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, transfer of Hospital surplus equipment was approved as outlined above. 74-309 APPROVE POLICY OF DIRECT PAYMENT OF MEDICAL ERPENSES FOR DETAINED JUVENILES It is proposed to institute a policy of direct payment to providers of medical services for Juvenile Hall inmates from the Juvenile Hall budget with collections to be made by County from parents where feasible. This concerns the out-patient services. It was felt by the Board members that the matter should be handled in this manner. Oa motion of Supervisor Gilman, seconded by SupervisorMcKillop and unanimously carried, the Board approved the policy of direct payment for services Fage 314. March 5, 2974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _March=51 1974= _ _ _ _ _ _ _ - --__ _ _ _ _ , from Juvenile Hall budget for medical care to juveniles detained in Juvenile Hall with collections by the County to be handled by the Collection Agency. 74-310 DISCUSSION: ARTICLE IN PAPER CONCERNING TWO YOUTHS THAT COULD NOT RECEIVE MENTAL HEALTH SERVICES . SupervisorMcKillop questioned Mr. Nickelson concerning an article that appeared in the paper that stated two youths were denied services by the Mental Health Services. Mr. Nickelson stated these were involuntary commitments. Mental Health Services are not set up to handle ~vveniles. Mr. Nickelson explained how these cases are handled. He said there are strict laws about treating juveniles for mental health purposes. Matter discussed. Mr. Nickelson will follow through on this and will report back to the Board. 74-311 CONTTNUATTON OF DISCUSSTON ON ALLOCATION OF HOSPITAL SPACE Clif Nickelson, Administrative Officer, said this is an item for Board discussion, concerning the allocation of space at the hospital. He had sent to the Board members a list of possible userso Chairman Madigan appointed Supervisors Gilman and Ladd to meet with Mr. Nickelson and Department heads to consider utilization of the space at the hospital. Supervisor McKillop felt that the houses used by the resident doctors should also be considered to be declared surpluso They should be declared surplus and sold. These also will be discussed and action to be taken at a later date. 74-312 BUDGET TRANSFERS APPROVED Clif Nickelson, Administrative Officer, reported that another budget transfer had been presented for approval. Because of regular girls in Probation Department being out with the flu, extra help has had to be hired. Mr. Nissen has requested a transfer of $455 to cover this extra help, transfer to be from Reserve for Contingencies. Request discussed. On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the following budget transfers were approved: B-73 Chico Marshal - $150 from overtime to extra help B-74 Juvenile Hail - $300 from professional and special services to equipment maintenance B-75 Fish and Game - $242 from equipment maintenance to equipment account B-76 Health - $5,000 from salaries and wages regular to extra help B-77 Planning - $300 from salaries and wages regular to office expense B-78 Local Agency Formation Commission - $150 from publications and legal notices to office expense B-79 Public Works - $766.24 from the General fund reserve to general services budget B-$1 Probation - $455 from Reserve for Contingencies-General Fund to extra help RECESS: 10:10 RECONVENED: 10:30 74-313 APPROVE BUTTE COUNTY FAIR TRANSFER On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, Butte County Fair Transfer 74-1 which reduces special repairs Page 315. March 5, 197 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ March 5 ,=1974 = _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and maintenance accounty by $323 and, increases the eligible premium cash by the same amount was approved. 74-314 APPROVE RIGHT OF WAY A UISITION-AGREEMENTS FOR SALE SKYWAY & ORD FERRY ROAD) On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the following agreements for sale for right of way acquisitions were approved, Chairman was authorized to sign and Auditor was authorized to issue warrants upon demand of County's escrow agent: Skyway FAS 757(4) B.C. Barnett 0.054 ac $2,939 No Impr. $2,939 " " L.F. Barnett 0.063 ac 3,448 " " 3,448 " " R.S. Campion 0.067 ac 2,927 " " 2.927 " " A.J. Boyle 0.073 ac 2,453 " " 2,453 Old Ferry Road W.E. Hansen 0.887 ac 2,892 " " 2,$92 et al Chico River Road Morehead Co., 0.377 ac 1,538 " " 1,538 Chico 74-315 DISCUSSION: LYLE CLOSE PARCEL MAP-ROAD CONSTRUCTION Clay Castleberry, Director of Public Works, presented the Lyle Close parcel map~road construction for clarification of Board's intention regarding construction of roads to County standards. Public Works has interpreted the intent to mean applicable improved subdivision road standards for that area. Developer has interpreted it to mean ust a traversable accesso This road is in Paradise I:n the Bille Road;:area. Mr. Castleberry set out the plan by the developer of a 220 long proposed easement. He wauld like to know if the Board meant for the developer to pave this road. Interpretation discussed. It was felt that it would be rather unfair to have the developer pave this 220' road. It was suggested that the developer could pave half of the easement to enable access to the second lot. Mr. Castleberry will convey the Board's feelings to the developer. 74-316 DISCUSSION: FAS PROJECT LEST Mr. Castleberry stated that the FAS project list for planning and design purposes had been mailed to the Board last week, There will be more lists mailed in the near future. Supervisor Gilman said he would like to see all the lists prior to approving this list. No action taken at this time. 74-317 AUTHORIZE PUBLIC WORKS TO APPLY FOR PERMITS TO REMOVE GRAVEL IN THE FEATHER RIVER AREA Mr. Castleberry reported that the Reclamation Board has requested Public Works to make application for encroachment permits to remove gravel within the flood zones. Request discussed, On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the Public Works Director was authorized to apply for permits to remove gravel in the Feather River area. Supervisor Gilman asked about the composition of the Reclamation Board; he asked who appointed these members. Appointments discussed; no action taken. 74-318 DISCUSSION: JUVENTTE HALL ADDITION: ARCHITECT TO BE CONTACTED TO INDICATE BOARD WOULD LIKE PROPOSED CONSTRUCTION AND LIMIT COST TO S40 PER S0. FOOT Mr. Castleberry reported that Bill Dolan, of Juven3.7.e Jus~ce Commission, Page 316. March 5, 1974 March 5, 1974 Supervisor Ladd, Don Niemen, Probation Officer, and himself had met last evening and discussed the Juvenile Hall Addition. Mr. Castleberry stated that the architect that has been retained has completed the planning work. Proposed project explained by Mr. Castleberry. The Superior Court Judges have recommended that the County proceed with the project. The architect has estisssted that it would cost approximately $60 per sq, foot for construction. It was suggested that maybe Mr. Castleberry and Supervisor Ladd could work with the architect and pul$ things together for the Board. The proposed plan is about two-thirds the spade recommended by the Probation Department. Plan discussed, Supervisor Ladd felt the County should not pay $b0 per sq. foot for construction. He felt there were considerable changes that could be made to the plans, explaining his thinking in the matter. He said he would be unwilling to pay more than $40 per sq. foot for the construction and he felt it could be built at this cost. He said there was a desperate need to get the construction going. He explained the changes that he would recommend. He suggested that it be offered to the architect under the general configuration that would meet the $40 per sq. foot cost. Mr. Castleberry said hg would be all for this suggestion. The County can make this proposal to the present architect and if he feels that it could not be done at this cost, then the county could look for another architect. On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the Juvenile Hall Building committee and Mr. Castleberry were requested to contact Mr. Loren Ward, present architect, and indicate the Board would like the sugg:sted type of construction for the proposed 3uvenile Hall and state that the cost for construction is limited to $40 per sq. £oot. 74-319 DISCUSSION: PRESENTATION BY HARVEY RUSSO, WILDLIFE SUPERINTENDENT, REGION II OF THE STATE OF CALIFORNIA FISH AND GAME DEPARTMENT Mr. Harvey Russo, Wildlife Superintendent, Region II of the State of California Fish and Game Department, presented the State's proposed hunting plans for Lake Oroville. There has been a great deal of comment because the Board had not received information on this matter. Mr. Russo felt this was due to a breakdown in communications. Mr. Russo stated that the object of this plan was to provide optimum use of the recreation lands. One of the points of the plan is to provide access to the huaters to the adjacent land for hunting. He explained the plan as proposed by the State, setting out the areas that would be allowed for hunting. Areas of high use would be exempt from the hunting. Supervisor Cameron requested sheet size copies of the map setting out the areas to be excluded. Mr. Russo... said the plan would be considered again in May by the State. It was suggested that the County hold a night hearing to consider this plan prior to the State's May hearing. March 26, 1474 at 8:00 p.m. was set far a County hearing to discuss hunting on Lake Oroville. 74-320 DISCUSSION: PARADISE LIBRARY SITE Supervisor Cameron explained the request for placing this discussion of the Paradise library site on the agenda: He explained the need for expansion of the Paradise branch library. The present building is over-crowded. The Sheriff needs more space and would like to have the present library space if the Page 317. March 5, 1974 March 5, 1974 library is moved. Supervisor Cameron stated that the Grand Jury has been recommending for some time that the Public Works yard in Paradise, located on Almond, be enlarged. The County owns the old disposal site on Clark Road and theCounty could move the Public Works operation to that site. The present site could be used for the new library building, by obtaining some of the surrounding property. Supervisor Cameron said he would like to see the Board decide on a location and then have an architect prepare a plan. Suggestion of Supervisor Cameron discussed. Mr. Castleberry set out the approximate costs of moving of his corporation yard to thecold disposal site on Clark Road; he estimated that it would cost about $175,000 to duplicate his present space needs. Property adjoining the county property on Almond and Willow discussed. Mr. Castleberry said he has been advised that these parcels of property are for sale. He said he would not object to having his department relocated. It was suggested that Supervisor Cameron and Mr. Castleberry meet with the property owners and determine what they would ask for the property adjacent to the present county site. Supervisor Cameron stated he had petitions with over 2,000 signatures on them requesting that the library be built. Sites selected by the Paradise library committee discussed. Mr. Aikens, representing the Paradise Rotary Club, said he felt the project ~ as outlined by Mr. Castleberry is very good. The Rotary Club would like to see the money budgeted for the Paradise library frozen for the proposed library. It should be frozen until the site is decided upon and the plans for the building are approved. Supervisors Cameron and McKillop were requested to meet with the property owners of the site suggested and report back to the Board at 1:30. 74-321 APPEARANCE: 3AMES HANSEN OROVII,LE James Hansen, OroVille, stated that there would be a meeting tonight in Paradise on Water Control and the water shed. He said he would like to see the Board members attend this meeting. The meeting is being held by the sub-committee of the Planning Commissinn. Supervisor Cameron stated that . he would be present at the meeting. 74-322 APPEARANCE: MR. ROBERT SAMSON. CH1C0 Mr. Robert Samson, Chico,- congratulated the Board on the passing of the lot split ordinance. He said he would like to discuss the part that allows an exception to County standard roads in the rural areas. He explained his thinking regarding road standards. He explained the matter of road maintenance agreements. There is no provision in the agreements for any legal way to collect assessments if the road needs repsi~ing. Matter referred to Mr. Castleberry. 74-323 APPEARANCE: MR. WAYNE JOHNS-PARADISE LIBRARY BUILDING Mr. Wayne Johns, Piaeview Drive, stated that a Ad Hoc Co~t.ttee of the Paradise Library, had collected over 2,000 signatures requesting the building of the Paradise Library. They want assurance that the funds budgeted. Fage 318. March 5, 1974 March 5, 1974 for this building would be frozen so that they would be available at the time the site is .selected. Supervisor Gilman informed Mr. Johns that the Board would have to come up with the funds at the time they decide where and if a library would be built in Paradise. There was a list prepared that set out where Revenue Sharing Funds would be spent. Funds were not budgeted for the building of a library in Paradise. Matter discussed; no action taken. RECESS: 11:45 RECONVENED: 1:30 74-324 PUBLIC WORKS TO CONTACT ARCHITECT AND REQUEST HE VIEW LIBRARY SITES IN PARADISE ~ Z f aD Supervisor Cameron reported on the sites that could be purchased on Willow and Almond in Paradise for the construction of a library. Costs for the property set out. Property on Almond could be_purchased~rfor $35,714 and if the Ceunty wanted the property on Willow also, it could be purchased for another $5,000. Supervisor McKillop felt that the site selected by the Paradise Library site siection committee should also be considered. Costs for the sites and proposed plans for the library discussed. Tt was stated that Mrs. Terry, County librarian, had indicated that 20,000 sq. feet would be best for the proposed library. Supervisor McKillop felt the Board should follow Mrs. Terry's suggestion and have a consultant brought in to consider the two sites and consider the County's suggestion of 10,000 sq. footage rather than the 20,000 indicated by Mrs. Terry, Mrs. Terry was present at this time and suggested that the Board consider 15,000 sq. feet for the building. She feels that a consultant would probably recommend the minimum that is needed today. Sites and use of consultant and architect discussed. Discussed what should be done at this time. Jo Terry, County librarian, explained the use of the consultant. She said that most of the consultants desired to be hired in certain phases of the building, It is very rarely that they are used for site selection. Supervisor Ladd felt that the architect could secure the information that a consultant could gather. It was felt that theCounty should first decide on the site prior to hiring a consultant. Mr. Castleberry said he could secure a architect and recommend that he secure the adviq:e of a consultant on the building of the library. Mrs. Terry said she would like to see the Board hire a architect to help with the site selection and have a consultant help select the type library the County needs. Mr. Castleberry said that if the Board would like, Mrs. Terry and he could bring the Board an agreement fitted to the Board's needs, with or without a consultant, if the Board is not going to make a final site election today, the architect could be asked to review the sites and then bring back a recommendation to the Board. Chairman Madigan suggested that the Board contact Larry Thompsoa, Chico, an architect. He would be well qualified to come back with a recommendation to the Board. Page 319, March 5, 1974 March 5, 1974 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the .Board asked the Department of Public Works to contact Mr. Larry Thompson, Chico and request him to look at the two sites in Paradise and bring back a recommendation to the Board in two weeks; that an appraisal of the two sites being considered be made; that the Planning Commission consider the two sites being considered and determine if they are in conformance with the General Plan; and that a proposed architectural agreement be prepared for the Board's consideration. Supervisor Cameron filed the petitions for the library building in Paradise with the Clerk. 74-325 PUBLIC HEARING: PAUL W. GATES: APPEAL OF DENTAL OF USE PERMIT FOR AUTO WRECKING YARD SOUTH OF LINCOLN STREET OROVILLE The public hearing on the Paul W. Gates appeal of denial of use permit for auto wrecking yard, south of Lincoln Street, Oroville, held as advertised. Jim Lawson, Planning Director, explained the actions of the Planning Commission regarding this matter. Planning Commission recommended denial of the use permit. He stated that quite a bit of opposition has been expressed cemcers~ing''the granting of the use permit. Hearing opened to the public at this time. Appearing: 1, Mrs. Frank Ladara, Jefferson Street. She spoke in opposition. She presented a petition in opposition to the granting of the use permit. 2. Mr. Donald Shortridge, who planned to work this cperation with Mr. Gates, stated he could not see why anyone should oppose the operation. He explained how the operation would be handled. He said he intended to keep this a clean operation and it would be quiet. Operatien explained. 3. Mrs. Esther Fowler, Jefferson Street, spoke in opposition. Hearing closed to the public and confined to the Board. Supervisor McKillop said he felt this use would not be acceptable and he would concur with the Planning Commission. Supervisor Ladd stated that neither the Planning Commission or staff could recommend apprcriral of the use. Oa motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, theBoard concurred with the Planning Commission and denied the use permit for auto wrecking yard, south of Lincoln Street, Oroville, as applied for by Paul W. Gates. 74-326 PUBLIC HEARING: KELLY RIDGE ESTATES UNIT 1-A, E3CfENSION OF INTERIM ZONE TO "RT-1" DISTRICT FOR NINE LOTS. N/S ROYAL OAKS ROAD. OROVILLE The public hearing oa the extension of interim zone to "RT-1" District for nine lots, N/S Royal Oaks Road, Oroville, Kelly Ridge Estates Unit I-A, was held as advertised. Mr. Lawson explained the reason for the extension of the interim zoning. He said there would be a recommendation for permanent zoning for the area in a short time. Hearing opened to the public at this time. Appearing in opposition: no one. Appearing in favor: no one. Hearing closed to the public and confined to the Board for consideration .and action. Page 320. March 5, 1974 March_52 1974 74-327 ADOPT ORDINANCE N0, 1436, E]CPENSION OF INTERIM ZONE TO "RT-i" DISTRICT KELLY RIDGE ESTATES UNIT i-A, NINE LOTS, N/S ROYAL OAKS ROAD, OROVILLE On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, Ordinance No. 1436, an interim ordinance zoning a portion of theCounty of Butte an "RT-1" (minimum-density residential-trailer) district, for a period of 120 days, was adopted and the Chairman was authorized to sign. 74-328 CONTINUATION OF HEARING: APPEAL ON STTLSON CANYON DEVELOPMENT BY IRVIN SCHLAF ENVIRONMENTAL IMPACT STUDY The continuation of hearing an the appeal on Stilson Canyon Development by Irvin Schlaf-Environmental Impact study was held at this time. Mr, Lawson stated that the amended EIR was received on February 19th, Comments on the amended E.I.R. would be received todey. It was stated that because there was an amendment to the E.I.R., this hearing would base to be opened to the public. Hearing opened to the public at this time. Appearing: 1. Mr. Garrett Starmer, resident of Stilson Canyon. He feels that the evidence presented over the past weeks covered this matter. He said that there was a possibility that th~'e might be archaeological findings in the area. He explained his thinking regarding the development and expressed his concerns regarding the fire hazard in the area. 2. Mr, Irvine Schlaf. He spoke to the statements made by Mr. Starner and his concern regarding the danger of fire in the area. He said he has lived in the area 10 years and he has been able to get out during the event of a fire. Chairman Madigan asked Mr. Schlaf if he would be willing to provide an access road to Bruce Road, from the lower end of his subdivision. Supervisor McKillop stated that Mr. Starner had said the people in the area would be satisfied with a dedication of an easement of 60' right of way to Bruce Road. Mr. Schlaf said he would agree to an easement to Bruce Road, but he does not want to build the road. Supervisor Ladd felt that the easement would take care of the emergency problem. Mr. Castleberry spoke to the matter of the one-lane bridge; it is going to need to be rebuilt. He felt the bridge should be widened. Many of the residents have requested that the one-lane bridge be retained. It was felt that the dedication of the easement should be made at the time of the acceptance of the map; the easement should be 60' wide. It was asked that if the bridge was not going to be widened if Condition No. 1 for deposit of the $250 per lot be deleted. Mr. Schlaf felt that if the bridge was not going to be widened, he should not have to put up this money. Time spent discussing the conditions and the deletion of Condition No, 1. Neil McCabe, deputy county counsel, stated there was one subject that should be discussed. Mr. Michael Boynton has brought up facts about the archaeological findings that might possibly be in that area. The Board should address themselves to this item. The archaeological impact should be considered; maybe some of the sites should be retained. Mr. Boynton made a pretty strong statement in the EIR report. Mr. Sturmer stated that a second route had been requested for this area, The Board stated the County would not build the road. It was stated that the 16th condition to this map should be for the dedication of the roadway. Page 321. March 5, 1974 March 5, 1974 Mr. Mike Boynton, Chico, spoke on the matter of the archeological aspect of the Environmental Impact Report. He requested that the lots involved in this development be tested. The lots could be field-tested and then a recommendation could be made. The tests could be done through the facilities of the Chico State University. Experienced and reliable people would be seeded to do the testing. Costs for the testing set out and discussed. Mr. Walter Grimes, Chico, spoke concerning the archaelogical sites. Mr. Boynton stated that thousands of sites have been ruined in the past and the people do not get a second chance at these sites. He feels that the people would benefit from any discovery that might be made at these sites. Hearing closed at this point and confined to the Board. Mr. McCabe explained the Iegal direction the Board should go in this matter. He will put the offer in writing that the sites requested will be left as they are at the present for six months to allow anyone to research them and if at the end of that time they find anything that might be helpful, the time would be extended. These sites are isolated areas. Chairman Madigan continued the matter one week to tie the report in with the other matter being considered for this development. RECESS: 3:40 RECONVENED: 3:55 74-329 CONTINUATION OF PUBLIC HEARING: PLANNING COMMISSION INITIATED REZONING FROM "A-2" (GENERAL) TO "A-3" AND "A-40" (AGRICULTURAL-OPEN SPACE) FOR THE SOUTHWEST PORTION OF THE COUNTY: WAIVID FIRST READING OF ORDINANCE Continuation of the closed hearing on February 26 on the Planning Commission initiated rezoning from "A-2" (general) to "A-3" and "A-40" (agricultural-open apace) for the southwest portion of the County, was held at this time. Jim Lawson, Planning Director, gave a brief summary of the proposed rezoning and the need far this rezoning. Mr. Lawson stated that the Planning Commission discussed it at their last meeting and decided to stay with their original recommendation. The Board expressed their concern about the hunting and fishing camp section of the ordinance and possible changes that could be made. Discussion held. The Board requested that the Planning Commission report back to them about changes made in the ordinance. On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, theBoard waived the first reading of the proposed ordinance rezoning from "A-2" (general) to "A-3" and "A-40" (agricultural- open space) for the southwest portion of the County, with the deletion of paragraph 2.2 and Planning Commission to be informed of action taken. 74-330 CONTINUATION OF HEARING: PLANNING COMMISSION INITIATED-PROPOSED AMENDMENT TO ORDINANCE X1002-ZONING DEFINITIONS TO INCLUDE AGRICULTURAL EMPLOYEE: WAIVE FIRST READING OF ORDINANCE The continuation of hearing on Planning Commission initiated-proposed amendment to Ordinance X1002, zoning definitions to include agricultural employee was held at this time. This matter was referred back to the Planning Commission for their consideration of a Board recommendation on February 26th. Mr. Lawsoa stated that the Planning Commission concurred with the Board on the redefinition of agricultural employee. On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the Board waived the first reading of the proposed Page 322. March 5, 1974 March 5, 2974 amendment to Ordinance 1002 ordinance and continued the matter to next week for the second reading of the ordinance and action on the matter. 74-331 APPROVE TENTATIVE MAPS RECOMMENDED 1'OR APPROVAL On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the following tentative parcel maps recommended for approval were approved, with all con3itions and that a negative ETR as filed be recommended for approval: Zoned A-2 S. F. Kendall', P_P 30-183-01, 2 lots, southeast corner Oro Dam Blvd. WQst t l?_th St., Oroville. Engineer; Kendall Enq~.neerinq Pursuant to the rscruirements of Section 20.3 of the Butte Courts Code, the tentative parcel map of thn above pranert~~ has beer. reviewed by the,Eutte County Subdivision Committee and the Planning Commission. The Subdivision Com[Tiittee and the P]_anninq Ce!nmission rece?nmenr.?s approval of '.:h4 tentative map, subject to the fo11o°n~i n.q conditions: 1. Indicate 55 ft. building setback lines maasureu from the centerline of Oro Dam Blvd. blast. 2 . Subz:~].t a Prelim7.Ilarv title report at tr:~ tzme the :~i pal maw is filet! with tip:: Department of Public [dort~:.s . A i~~gative L'nvi ronmantal Im;~act Declaration was filed with the Count. Cle rk on ;,ebruary 4, 1974. Zoned C-2 & Karoly Ka sza, AP 51-163-16, 2 lots, east sic?e A-2 Ltd.. of Posey Ln., approx. 1000' north of Bille Rd., Paradise. Surveyor: nary Linp~.ncott Pursuant to the requirements of Section 20.3 of the Butte County Cocie, the tentative parcel map of the above nronr~rty has been reviewed by file Butte County Subdivision Committee and the Planning Commission. The Subdivision Comlr~ittee and the Planning Commission recommends approval of the tentative coati, subject to tze follot•~irq conditions 1. Deed to the County of I3utta 30 ft. right-of-~va~r moasured .from the centa,:line of Posev Lane , 2. Verify that tiz~ subject parcel teas legally created prior to psarrl~ ?. 1972. ~ .. 3. Provi cis trav~~rsab'_e access to Parcel 2. . 4. c~ul~mit a ore]_imi:~ar• tit?e rupart at the t.rrta tie final man is #'i?.ac? ~aitz ~~.e r•sp~.rtr^^_.~ o~= Public 'c~or_ks . I. ~.~g«tiv• nv:_~,., :•?enta.l Impact Declaration r•aas filet: e . *',. t; I t h County Clerk on February 4, 1974. The Planning Commission, at its meeting held February 21, 1974, recommended approval of this tentative map with the deletion of Condition #4. _ Page 323. March 5, 1974 ________________ _Marsh=521974____;____--__ Zoned R-1 H. Grace Kaiser, AP 51-151-38, 2 lets, north side of Thomason Ln., east pf _ruclc*~ Jo'~n Fd., Paradise. Surveyor: Gary Li_nnincott Pursuant to the rsctuiraments of Section 20.3 of t.~4 Butte County Code, the tentative parcel man of the above -~ronc-rt~r has seen revia~•~ed by the Butte County Subdivision Commit.t°° and th_ Planning Commission. The Subdivision Committee and the Planning Commission racommcnc?s approval of the tentative map, subject to the fo11oG•~ing conditions: 1. Dosed to the Cou:lty of Futte 30 ft. right-of-Sway measured from the centerlina or Thomas on Lane. 2. Tndica~e the 50 ft, building se ~ ac}c liras measured from t;ze centerlines of Tho~?as7on Lane. 3. Submit a ;~r<~7_ir1?.lary till` report at the tir±e tie final map is filed ~•~i t~ ttxe Department cf Public tdorlcs . A Negative Nnvironmental Impact Declaration Baas i'ilec with the County Clerk on 7"eiaruar;~ 4, 1974.. ~ ~ • The Planning Commission, at its meeting held ~`ebruary 21, 1974, recommended approval of this tentative map with the deletion of Condition ;~3. Zoned RT-1 Edmund W, c=azall, IMP 5zI-191-0$, 2 lots, south- west corner Kerr Ln.,& Libby Rd., Paradise. Surveyor: Gary Lippincott Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel map of the above prooerty i~as been reviewed by the Butte County Subdivision Committee and the Planning Commission.; The Subdivision Committee .. _ recommends approval of the tentative map, subject to the follo:•~ing conditions 1. Verify the location of the sewage disposal s~.=stems on the respective lots. 2. Deed to the County of Butte 30 ft. rigkzt-of_-~•~ay measured from the centerline of S, Libby F.oad. 3. Indicat° a 50 ft. building setback line measured from the centerline of Kerr Lane. 4. 2nd?cate a 50 ft. building setback line measured from the centerline of the existing right-of-wav ( 6~1 ft . ) to the scut~z . 5. Subz~wt a pra'_iminary title report at the time the final man is / filed with the Department of Public works . _:_ Page 324. March 5, 1974 March 5, 1974 A Negative Environmental Impact Declaration vvas f; 1 ad c~aith the County Cleric on rehruarr g , 19 74 . The Planning Commission, at its meeting held February 21, ].974, recoxnme~ded approval o~ the tentative map, subject to the following conditions 1. Verify the location of the sewage disposal systems on the res- pective lots and if they cross proposed property lines, they shall be moved to the satisfaction of the Health Dept. 2. Deed to the County of Butte 30 ft, right--of--way measured from the centerline of S. Libby Road. 3. Indicate a 20 ft. building setback line measured from the north property line of Lot 1. 4. Indicate a 50 ft, building setback line measured from the centerline of the existing right-of-way {60, ft.) to the south. zoned A-3 Harry ~'enkins, AP 47--19-O1, 2 lots, west sir_'2 of iamilton Nord Cana IIwy . , north of iiwy . 32 , south of Nord. Surveyor- C. FAT. Bachman Pursuant to the requirements of Section 20.3 of the i3utte County Code, the tentative parcel man of the above nro~erty has been reviewed by the Bui~te Count°~ Subdivision Committee and the Planning Commission. The Subdivision Committee and Piannina Commission recommends approval of she tentative man, subj©ct tc the following conditions- 1. Deed to t'_ze County of Butt~a 30 ft. right-of--Tray measuraa from the centerline of Hamilton Nord Cana Hwv. 2. Sho4v the remairc':er of the parcel. 3. ShoTv the area st~~ject to inundation. 4. Submit a preliminary title report at the time the final ma-~ is filed with the Dshartmer_t of Public works. A Negative Environmental Impact Declaration teas filed with the County Clerc on F.'e:ortaary 4 , 19 74 . The Planning Commission, at its meeting held February 21, 1974, re- commended approval of this tentative map with the deletion of Condition #4. The applicant is also requesting waiving of the requirement to survey the remainder of the parcel. Page 325. March 5, 1974 Mir=h_51 1974 Zoned P.T-1 Jos~pa Odenbach, AP 54-182-31, ?. lots, norta side of 13ottie Ln. (at end) , east of Li:.~a~,~ nd., Paradise . Surveyor: John T^1, f?a.mia~~ Pursuant to the re~*uirements of Section 20.3 of the ~3utta County Code, the tentatlV° parcel man of. the above propertq '.zas been reviewed by the Butte Count~T Sub di vision Co^imi_ttee and tine Planning Commission. The Subc?i nisi on Committee and tine Pla.nni nr? Comm.issi_nr. reco?emenc~s approval of the tentative man, subject to the follacainn conditions: 1. Verify legal acces and the right tp use. 2 . Indicate 5(1 ft. '~ui ldina setbacl: lines mFasurec' from t.1e center].ir_° o" Dottie L~,r_e. 3. ~TeriiV tI?at the Su}7jeCt ~2rC?l r,;r~S lr>cTal.l.~T CrecteC~ pr1Cr t0 r.2arch 4 , 19 72 . - 4. Submit a nrnliminary ti tls report at the time the fina]_ ms.p is filed with the Department of Public ?{?orrs . .A Negative Environmental Impact Declaration -gas 'Fi lac? ~-ri "n tier County CleYk nn February 4, 1974. Th,~ Planning Commission, at its meeting held February 21, 1974, recommended approval of this map, with the deletion of Condition#4. Zoned A-2-Vernon R. Norris, AP 42-34-19, 3 lots, north of Be11 Rd., west of Bay Ave., Chico. Engineer: G7alter B. Crimes £~ Assoc. Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel map of the above propert,•r has 1•~e.n ~~ reviewed by t1zE Butte County Subdivision Committee arc' the Planning Commission. The Subdivision Committee and the Planning Commission recomr..tends approval of the tentative man, subject to the folloT-Tinq condi±ions: 1. Deed to the County of Eutte 30 ft. right-of-~aay measur~c, from the centerline of Bell Road. 2. Indicate a 50 ft. building setbacl- line measured from t;:e centerline of Jones Avenue. 3. Provide Permanent drainage solution as r4quired by Pualic Odor?cs or provide temporary drainage and a minimum of $1!10 r^r barcel. 4. Reserve a 30 ft. non-©xclusive easement for Jon-as Avenue. 5. Verify the location of sceptic tank system for t?z residVnce on Parcel 1 and relocate, if necessary, to meet Health Denartm~rt requirements . _.. .. _ _ - -__ -- __ _ _ rage 326. March 5, 1974 ' March 5y 1974_ _ _ _ ~ _ _ _ - - - _ _ _ = W _ _ - _ - - - ° _ ~ ~ _ _ _ ~ ~ ~ - ~ _ - - ,.ilsc'. ~ait.1 A Negative Declaration P.egarding Environmental Impact r,ra~ L' ' the County Clerk on February 4, 1974. . The Planning Commission, at its meeting held February 21, 1974, re- commended changing condition #5 to read as follows: 5. Verify. the location of septic tank systems for the residenoe on Parcel 1 and if it crosses, proposed parcel lines, relocate to meet Health Department requirements. Zoned A-R Lou ngariotti, AP 55-05-51, 2 lots, northwest corner Neal Rd. & West Sutter, Paradises.. Surveyor: Gary Lippincott Pursuant to the requirements of Section 20.3 of_ the Buttes Countlf Code, the tentative parcel map of tits above prop= rt~r has been reviewed by the Butte County Subdivision Committee and tl~e Planning Commission. The Bub division Committee and the Planning Commission r_~comr*.m~nds approval o£ the tentative man, subject to t:ie falla~Tinq conditions: 1. Deed to the County of. Butts 30 ft, right-of-way measured from the centerline of Neal P.oad. 2. Reserve an aclditionai 10 ft. of right--of-oaav on r~*e>t Su'~ter for road and public utility nurnosns. 3. Verify legal access to Parcel 2. 4. Verify that the subject parcel was legall-~:T created -~~rior to ~4arch 4 , 19 72 . A Negative Declaration Regarding Environmental Impact ~~Tas f..led with the County Clerk on February 4, 1Q74. ~~.Eac~r~ I^°T ~sol~n r'. y I.'c3.ith A. Scott. AP 5~-04-t;2, 3v 5~ ~ ~;~~ , :{ loi:~, south of Edwax'~s ~n o , past of C3~.ave~: 1:d., Paradise. :~'~"d? ?al~~los~ tr:? ~a.~'t=3 i~fi'-.f~Y°~`~41~ii~~~; 4~~ ~E•c;t:1Q[! ~Q ,a f9~ t"".~3~ ~si$f:C~' l't9Y]dly~ Cone, th¢a. 3-esetati.•€3e pa~•Ce:L n~Yy o~: the above nruz~ertY' ha°~' been reviecr~d k~v' t?~.e laut~:e Crau.t~.9:y ~aundi~rision Co-rrma. ttes~ an3 the }?_.aAr,.r~asres Cr~~;urd.ss i can v iia~ S:.~rli•~isi.e~n com~•~.i ttee aria 1?lanaiinq Commission ~•eeon~xn~s:ac3s Gip13z•o~„'a.~ at the tentata.v~: t>.~ap gas sul~mit•ted. +;Categ®rica~.ly s~.~sm~t f~•er~!t En~rironmental i~erriew~ , Page 327. March 5, 1974 March 5, 1974 s a a a a- a a a a m a e= a o a a a c m a es a s a a m a a a a a a m a m a 74-331 ITEMS PRESENTED BY BOARD MEMBERS Supervisor Cameron asked about the progrQss ;of Glen Crenshaw, Assessment Appeals hearing officer, on the recommendatioas he had out. Chairman Madigan informed SupervisorCameron that all the recommendations had been filed with the clerk. Dan Blackstock, County Counsel, reported back to the Board regarding the letter from Mr< Laskey requesting a hearing. Mr. Laskey's assessment was raised due to an error by the Assessor's Officeo Mr. Blackstock stated that the property owner had the right to a hearing which requires a 5 day notice. The Board set the hearing for March 19 at 2:00 p.m. Chairman Madigan announced that the luncheon with Assemblyman Gene Chappie has been changed from Prospector's Village to Table Mountain. The date will remain March 20, 1974. Chairman Madigan requested that Clif Nickelson, Administrative Officer, prepare a list of appointments that will need to be made in the near future so that Board members can be selecting people for appointment. This list is to brought to the Board on March 19th, A memo from Don Nissen, probation officer, regarding 3uvenile Hall was discussed. The Board requested that Mr. Nissen report to the Board next week. Chairman Madigan requested the news media to give good coverage to the public hearing on the proposed hunting around Lake Oroville. 74-332 ADOPT RESOLUTION 74-33 IN MEMORY OF LEROY BARER On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, Resolution 74-33 in memory of Leroy D. Bader, a member o£ the Oroville City Council, was adopted and the Chairman was authorized to sign. ADJOURNMENT: There being nothing further before the Board at this time the meeting was adjourned at 4:45 p.m. to reconvene on Tuesday, March 12th, 1974 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK BY: airman of the Board Board of pervisors lerk Page 328. March 5, 1974