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HomeMy WebLinkAboutM031274__. March i2, i974 STATE OF CALIFORNIA ) SS. COUNTY OF $UTTE ) The Board of Supervisors met at 9:00 a.m, pursuant to adjournment. Present: Supervisors Cameron, Ladd, McKillop and Chairman Madigan, Clif Nickelson, Administrative Officer, Jim Griffith, deputy county counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. Absent: Supervisor Gilman INVOCATION: Rev. Dewain Arnold, First Christian Church, Oroville Pledge of allegiance to the flag of the United States of America 74-333 APPROVAL OF MINUTES On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, the minutes of March 5, 1974 were approved as mailed. 74-334 SUPERVISOR GILMAN ERCUSED On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, Supervisor Gilman was excused to attend another meeting. 74-3'B COMMUNICATIONS Clarice Faunce, Oroville. An appeal is filed to the Planning Commission s 1 ~ 3,o t1 denial of rezoning of lot on V-E Avenue for mobile home. To be set later in the meeting. Mr&. Mildred Drown, Paradise. Writes is support of replacement of the Butte ~.~,.~~ 0 County Library facility in Paradise. Placed in file for consideration later. Renee Steiner, Paradise. Writes in support of continuation of the "Your Bus" ~ / ~`~ ~ service. Place in the "Your Bus" file. No action taken. John Gortmon, Durham. Urges the curtailment of Siting trailers (mobile homes) / / 3 .O 2r. in Butte County. Discussed; no action taken, Sierra Club, Yahi Group. The Sierra Club sends resolution urging development +.~ L ~. O D of a solid waste recycling program and urging a careful study of all alternative methods including those proposed by F.R. E. E. Referred to Cisy Castleberry for answering. Associated Students of C.S. U. C. Write in support of the efforts of the Chico Neighborhood Health Center. Place in file; to be discussed at budget time. Make copy for Dr. Enloe. Butte Pomona Grange No. 16. The Grange sends copy of a resolution requesting ~ G. d p the Fish and Game Commission to defer opening of the deer hunting ') season until such time as the extreme fire potential is abated by precipitation. Referred to Fish & Game Commission. Letter to be answered notifying this group of the March 26th meeting on Lake Oroville. Glen County Chamber of Commerce. The Chamber expresses its thanks to those ~ S! t~~ who endorsed the AtiTRAK stop in Orland, Place in file. No action needed. U.S. Department of Agriculture Forest Service. Douglas R. Leisz, regional forester, writes that the decision which was expected within 45 days ~ fj O. 3 ~ from the January 9, 1974 hearings will not be forthcoming at this time as their analysis and response to all issues have not been completed regarding the exchange. Several additional weeks will be needed for a decision to be reached. Discussed; no action taken. Henry L. Williams, Judge-Gridley Judicial District. He writes concerning the problems that exist at the Gridley court. Sheriff Larry Gillick ~~ ~, V ~ present and spoke to these existing problems. He said the sub- station does not have a holding cell; it takes extra manpower to Page 329. March 12, 1974 March 12, 1974 a s= c a= a a v a m= a v r.. a a a a a a a o a a e o e Q a Q 3 a a v~ a a a have security for the prisoners. When the investigators are trying to interrogate the prisoners, it is almost impossible because of the acoustics. He set out the other problems of the facility. Chairman Madigan asked Supervisor Ladd if he felt the building could be expanded. Supervisor Ladd said he thought the building could be expanded and with CheBoard's permission he will look at the building and make recommendations to the Board. The Board approved this ~) suggestion. 4 ~ "Linda McAnulty, Palermo Community Center-Board of Directors. Proposed by-laws ~i y enclosed. Referred to Administrative Officer. ~~~.0 !~ Mrs. Edna Wendt. She feels that the Chico library should be placed on Mangrove ave. To be discussed at a later date. Mrs. Margaret Taylor. She feels the County should take positive action soon ~~0,0 0 for the establishment of a much needed City-County library in Chico. Read; no action taken. 'd Qd GrEater Chico Chamber of Commerce. They go on record in support of funding 7 for the "Your Bus". Discussed; no action taken. C. Phillip Kelly, Manager-Paradise Irrigation District. Conflict of policy C ~. 7 which appears to exist between the respective organizations. ~ p They feel that a committee should be appointed to meet and discuss and understand the problem. Letter read and-'discussed. Clay Castleberry, director of Public Works, explained the matter; this refers to which agency should have the prior rights to the land on the Skyway. He explained how the problem was being handled. Chairman Madigan appointed Supervisors Cameron and McKillop as members of the committee to meet with members of the Paradise Irrigation District and with Mr. Castleberry. 74-336 AUTHORIZE CALL FOR SZDS-PORTABLE TWO-WAY RADIOS Specifications have been prepared for the portable radios authorized in the CCCJ grant for the regional intelligence unit, and estimated cost for these radios is $3,200. On motion of Supervisor McKillop, seconded by Supervisor Cameron and Carried, call for bid for three portable two-way radios was authorized, bids to be opened in the Purchasing Office on March 21, 1974, with a report to the Board on March 26, 1974. 74-337 DISCUSSION: REVENUE SHARING: PUT OVER ONE WEEK As requested by the Board last week, Administrative Office has prepared an expanded report on the availability of revenue sharing funds and has attached thereto a listing of various organizations in the County which it is proposed might be contacted for input as to the use of revenue sharing funds. Matter put over one week so that Supervisor Gilman can participate in the discussion. 74-338 AUTHORIZE CALL FOR SIDS FOR AIR CONDITIONING UNIT FOR DATA PROCESSING Tom Fox, architect, requests Board approval to make direct purchase of the air conditioning unit and condenser for the remodeling because of delay in projected deliverg-in this type of unit as is set forth by the project mechanical engineer. Mr. Fox has contacted Supervisor Ladd and Purchasing on this matter. It is requested that they be authorized to direct purchase this unit and condenser for DP remodeling project. Supervisor McKillop questioned the legality of this matter. Jim Griffith, deputy county counsel, said Dan Blackstock, bounty Counsel, felt that this should go out to bid. Time spent discussing the letter prepared by County Counsel and Data Processing Director to UNIVAC requesting assurances that a time extension be granted for final installation of the-equipment with extension of pricing Page 330. March 12, 1974 o o c v e .- ~ .- e ~ o ~ ~ ~ _ Ma~Cti 12~ 1974 ~ ~ s ~ a rs a v e o ~ a o ~ protection under the UNIVAC agreement. It was felt that this was tied in with the purchase of the air conditioning unit. Specifications have been written for the air conditioning unit and it was felt that perhaps this should go to bid. It was suggested that the specifications be based an performance. A committee of Supervisor Ladd, Purchasing Agent and Mr. Castleberry will set up the bid opening date. On motion of Supervisor McKillop, seconded by SupervisorLadd and carried, call for bids for air conditioning unit and condenser for the Data Processing remodeling project was authorized j:, subject to Public Works approval of bid specifications. 74-339 ADOPT RESOLUTION 74-34 MAKING AN APPLICATION TO LAFCO TO DETERMINE TAX RATE-FOR OOUNTY SERVICE AREA N0. 49 A resolution has been prepared to LAFCO requesting that a tax rata be established for County Service Area No. 49. This County Service Area was established during the time period which AB 2008 provides that maximum tax rate for the district may be established by LAFCO. Resolution discussed. On motion of Supervisor Cameron, seconded by Supervisor McKillop and carried, Resolution 74-34 making an application to LAFCO to determine tax rate for County Service Area No. 49 was adopted and the Chairman was authorized to sign. 74-340 BUDGET TRANSFERS APPROVER On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, the fallowing budget transfers were approved: B-80 Local Agency Formation Commission - $500 from the Reserve to Board authorized travel B-83 Personnel - $180 from special departmental expense to Board authorized travel B-84 Chico Municipal Court - $700 from salaries and wages regular to extra help and $40 from Board authorized trips to equipment maintenance B-82 Lime Saddle Community Services District transfer deleted until a report is received from County Counsel. 74-341 REPORT: WELFARE DIRECTOR ON HOMEMAKER PROGRAM Bob Crisan, Welfare Director, reported on the Homemaker Program for the first three months of operation as requested by the Boar d. He feels the program has been highly successful. They have spent less money Chan anticipated. Allocation for next year set out and discussed. Mr. Crisan stated that they have good control over the program. Report discussed; no action taken. 74-342 WAIVE RESPONSIBILITY FROM DUTY TO SUPPORT PARENT: HAROLD GRAVELLE Bob Crisan,Welfare Director, reported on the Application to Supervisors made by Harold Gravelle for release from duty to support parent. He explained his recommendation that this request be approved. Liability should be waived. On motion of Supervisor McKillop, seconded by Supervisor Ladd and Page 331. March 12, 1974 March i2, i974 carried, the Board granted the application of Harold Gravelle for release from duty to support parent and waived the responsibility of Harold Gravelle for his mother, Mrs. Inez 0. Green. 74-343 REPORT ON FOOD STAMP PB®6RAM Bob Cris an, Welfare Director, reported on the food stamp program. He stated that they have received a waiver from the State concerning zero purchases. A zero purchaser does not pay for the food stamps. He explained how these purchases were handled. Discussed; no action necessary at this time. 74-344 APPOINT ACTING DIRECTOR OF CHILD HEALTH DISABILITX PROGRAM Dr. Enloe spoke to the Board concerning the Child Health Disability Program. He requests action from the Board as follows: (1) appointment of an acting director. (2) Authorization to issue a latter-of intent for the County to participate in the program. A memo had been sent to theBoard members concerning this matter. At the present time, it has flat been finalized sufficiently to have a local plan. A memo has been sent out to potential local suppliers, he stated. Two task forces have been appointed. One to review the type format-this is in response to the lack of the State sending up the guidelines and it is felt the County might be able to prepare a program of its own. The second task force is gathering all the present services that are being provided at this time. Dr. Enloe stated that most of the children entering schools are receiving similar examinations. Most of the children are already being screened. Dr. Enloe stated that the first task force met last night; the second task force is meeting next Tuesday. There will then be a general meeting of both groups. Dr. Enloe said the Board could authorize the letter of intent at this time and the Director could be appointed. Program and appointment of acting director 8lscusaed. Supervisor Cameron said he had one question-does the proposed plan meet the statutory requirements so that the County will be taken into the program. Dr. Enloe said he felt that it does meet the requirements; he feels that this procedure will keep the County in the plan, Supervisor McKillop said it might be well to utilize the Comprehensive Health Planning Group; they ' hsve the expertise that is required. On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, Dr. En1ae was appointed acting director of the Child Health Disability Program and the letter of intent was approved for the County to participate in the program. 74-345 ANNOUNCEMENT: NEW HEALTH OFFICER APPOINTED Dr. Enloe stated that a new Health Officer has been appointed to Butte County. Dx. Erlingheuser of Los Angeles. He should arrive approximately April 1st. 74-346. REPORT: GEORGE STAMM CONCERNING THE ENVIRONMENTAL IMPACT REPORT, CHICO LANDING TO RID BLUFF PR03ECT George Stamm, County Water Resources engineer, reported to the Board concerning the environmental impact report-Chico Landing to Red Bluff Project. Several weeks ago an environmental impact statement had been received. Mr. Stamm has prepared an answer which he submitted to the Board. He said that this is a project that the County has been trying to get for years; two more sites are proposed this '"spring. The letter that he has drafted states that Page 332. March 12, 1974 °________________March 12a 1974=====__________ the bank protection works were environmentally sound. He said that in some places maybe the rock should extend all the way to the top of the bank. Mr. Stamm gave a brief rundown on some of the other bank protection sites along the River and explained the possible funding. He said there was a section in the Omnibus Bill that would extend the funding. He is meeting with theCorp of Engineers Thursday to discuss other sites that are to be considered. Clif Nickelson, Administrative Officer, stated that several weeks ago there was a presentation made to theGlenn County Board of Supervisors concerning bank protection. He wondered whether this presentation should be made before this Board. The presentation was on bank erosion and protection, and is made by the Department of Water Resources. Discussed; no action taken. Oa motion of Supervisor Ladd, seconded by Supervisor Cameron and carried, the Board approved the letter to Col. Rockwell as drafted and authorized the Chairman to sign. 74-347 LETTER OF OPPOSITION TO BE SENT REGARDING 100% INSURANCE OF PUBLIC MONEX DEPOSITS IN BANKS AND SAVINGS AND LOAN ASSOCIATIONS Bill Lawrence, County Auditor, requested a resolution in opposition to 100% insurance of public money deposits in banks and savings and loan associations. He explained the sections of HR 11-221. He felt the County should try to get this bill amended beforeit is acted into Law. The Board should oppose this bill because of its affects on local bonds; the Auditor's Association are of the same opinion. It is felt that the security conditions should be continued. Action to be taken discussed. SupervisorMeKillap said he would like to see the Board act in opposition to the first part of this 'kill. Ev Bosworth explained the provisions of the bill. On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, the Board went in opposition to HR 11-221, 100% insurance of public money deposits in banks and savings and loan association, and authorized a letter to be written opposing the first section of the bill. Mr. Lawrence will bring the letter back after discussing it with County Counsel. 74-348 DISCUSSION: COUNTX AUDIT Mr. Lawrence set out the matter concerning the County Audit. He feels that County Counsel should review this subject and secure an opinion from the Superior Court or the Attorney General concerning the County Audits. Discussed; no action taken. RECESS: 10:10 RECONVENED: 10:30 74-349-APPROVE PUBLIC WORKS ITEMS: ADOPT RESOLUTION 74-35 On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, the following action was taken: 1. Authorized the purchase to acquire a new street sweeper and that Page 333. March 12, 1974 March 12,1974 the difference between the funds available and the bid cost be taken from the Road Reserve. 2. Authorized following budget projects for commencement by county crews: (a) Robinson's Mi11; (b) Bangor Park; (c) Hillcrest and Almond intersection; and (d) Hur1e's Circle. 3. Authorization was granted to take material from Lindo Channel to Meridian Road between Bell and Nord Highway and a transfer of the fund balance from Cabello Way W.O. ~f~5120. 4. Approved plans and specifications for restroom remodeling, Butte County Fair, and authorized advertising for bid~for the Restroow Facilities Project, at an estimated cost of $20,000. 5. Adopted Resolution 74-35 approving the Southern Pacific Agreement re Township Road crossing ~C-156.5, and authorized the Chairman to sign agreement for said crossing; authorizing the transfer of funds from completed work orders 5127 (Railroad Avenue) and 5130 (Cox Lane} in the amount of $2,125. 6. Approved following agreements for sale, authorized Chairman to sign and authorized Auditor to issue warrants upon demand of County's escrow agent: Skyway A. D. ~kl D. Bauer et ux (easement) $ 818 Impr. 170 Total $ 988 " " L. Kay et ux " 1,829 -O- 1,829 " " W. Kuhnen et ux " 480 -0- 480 " " Ruth Collins " 100 -O- 100 " " J. Figure, et ux " 1,644 -0- 1,644 " " Zelma Stovall " 116 -0- 116 " " G. Barth 479 -0- 479 Skyway FAS 757(4) G. Meljie 0.020 ac 1,063 -0- 1,063 74-350 INFORMATION 4ND DISCUSSION ITBMS (a) Skyway underground utility district. Mr. Castleberry reported on the Skyway underground utility district, stating this was for Board information on1y.A11 the poles should be down about April 1st. It is hoped that everyone will have all the utilities converted by then. (b) State Highway 162 and Oakvale Avenue-left turn lane. Mr. Castleberry said theBoard had requested him to correspond with the State concerning this corner. He has done this and theState has stated that the number of accidents do not warrant this left turn lane. Discussed; no action taken. (c) Lassen Ave. Mr, Castleberry stated that Lassen Avenue was listed in the: 5B 325 projects. He would like to exchange this from Foothill Blvd, project. He would like Board's concurrence on this exchange so that it could be presented to BCAG at their next meeting. TheBoard gave their verbal approval. (d) Mr. Castleberry reported on the Skyway & Oliver intersection. Provisions will be made for the reconstruction in the foreseeable future. Page 334. March 12, 1974 a==ao====ooaoaoaaaMa~Ctt 12~ 1974a~~=~~~_~~~=na 74-351 PRESENTATION OF SKYWAY ASSESSMENT DISTRICT N0. CONTRACT DOCUMENTS: ADOPT RESOLUTIONS 74-36 thru 74-40 Eve- ~ McCain, of McCain Associates, presented documents concerning the tentative schedule for Skyway Assessment District No. 1. He explained the problem of getting the poles down slang the Skyway. The poles will be down before the pipe is placed and the paving is put down. Mr. McCain explain the situation of the district and set out the documents to be adopted. On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the following resolutions were adopted and the Chairman was authorized to sign, subject to County Counsels approval: Resolution 74-36 approving prevailing wage scale " 74-37 appointing engineer of work and designating his duties " 74-38 approving plans, specifications, cost estimate and grades " 74-39 of intention 74-40 directing Clerk to advertise for bids 74-352 APPROVE SOPER-WHEELER LAND CONSERVATION AGREEMENT CORRECTION On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, the Soper-Wheeler land conservation agreement correction was approved and the Chairmas- was authorized to sign. 74-353 ADOPT RESOLUTION 74-41 AND NOTICE OF INTENTION TO ANNEX TERRITORY TO COUNTX SERVICE AREA AND SETTING PUBLIC HEARING (LAFC No. 74-7, proposed annexation to County Service Area No. ly} On motion of Supervisor Cameron, aecanded bySupexvisor Ladd and carried, Resolution 74-41 and notice of intention to annex territory to County Service Area and setting public hearing was adopted and the Chairman was authorized to sign. Hearing set for April 16, 1974 at 2:00 p.m. 74-354 APPROVE AGREEMENT BETWEEN COUNTY OF BUTTE AND DONALDR. LONG AND ASSOC. ~RESTROOM FACILITIES PROJECTS GOLDEN FEATHER FAIR) On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, the agreement between County of Butte and Donald R. Long and Assoc, for the reatroom facilities project for Golden Feather Fair was approved and the Chairman was authorized to sign. 74-355 APPROVE APPOINTMENT TO THE HISTORICAL ADVISORY COMMITTEE On motion of Superv~r Cameron, seconded by Supervisor McKillop and carried, Mrs. Ruby Swartzlow was appointed a member of the Historical Advisory Committee to fill the vacancy created by the resignation of Mrs. Lorraine Hubb, 74-356 DISCUSSION: APPOINTMENTS TO THL SOLID WASTE MANAGEMENT COMMITTEE C1if Nickelson, Administrative Officer, explained the matter of appointments to the Solid Waste Management Committee. Public Works Director will be a member of the committee; Cwo will be appointed from Health Services and two will be appointed from the outside that has something to do with solid waste disposal. Supervisor Ladd said he has advised the Cities of Gridley and Biggs to make their appointments this week. A letter will be sent to the cities requesting that their appointments be made this week. Appointments gut over to Tuesday, March 19th, 1474. Page 335. March 12, 1974 March 12, 1974 74-357 DISCUSSION: CITY-COUNTY LIBRARY SITE AT CHICO The discussion on Che City-Library site at Chico was put over to Tuesday, March 19th, to ~,aable Supervisor Gilman to be present to present his views in the matter. 74-358-APPRAYE-OTTER TO UNIVAC REQUESTING EXTENSION OF TIME TO DECEMBER 31st Jim Griffith, deputy county counsel, stated that action should be taken on the proposed letter to UNIVAC. Data Processing Director and Counsel have prepared a letter to UNIVAC requesting assurances that a time extension be granted for final installation of the equipment with extension of pricing protection under the UNIVAC agreement. It was felt that the Board should go along with County Counsel's suggestion and ask for the extension to extend through December 31, 1974. Letter and request for extension discussed. On motion of Supervisor Ladd, seconded by Supervisor Cameron and carried, the letter to UNIVAC requesting assurances that a time extension be granted for final installation of the equipment with extension of pricing protection under the UNIVAC agreement untll December 31st, 1474 was approved. 74-359 PROPOSAL FOR WORR TRAINING CENTER USE OF REVENUE SHARING FUNDS-PUT OVER TO NEXT WEEK Dr. McLaughlin, Chico Work Training Center, presented his proposal for the Work Training Center use of revenue sharing funds for the Board's consideration. Chairman Madigan said the Board would have to have time to review the proposal. Matter placed back on the agenda for Tuesday, March 19, 1974. 74-360 APPEARANCE: MR. CECIL JOANSON. LAND CONSERVATION AGREEMENT Mr. Cecil Johnsgn~~,id:he had a problem that was important to him; he had submitted an application to the County to have approximately 2500 acres of land included under the Williamson Act. In the application he had excluded certain lands within this acreage. He said it was imperative for him to get this land under the Williamson Act. He stated he has received an increasement of assessment of over 400%. He had been told by Mr. Mackessey that his application was being submitted to theBoard of Supervisors for their action. Mr. Mackessey has now informed him that his application was denied, It is imperative that he place this land under the Williamson Act. The property is being used for grazing. Request to be included under the Williamson Act discussed. It was suggested that Mr. Mackessey be requested to appear before the Board at 1:30 and discuss this matter with the Board and Mr. Johnson. Matter put over to 1:30 p.m. 74-351 APPEARANCE: GLENN MAXWELL, REALTOR-PARADISE Mr. Glen Maxwell, realtor-Paradise, said he had questions concerning the proposed amendment to Paradise Urban Area boundary. Costs for land has_ increased in the Paradise area. He felt the County should adopt a policy of compl~hg with the minimal requirements for subdivisions. Property will continue to increase in costs if requirements are continued to be added to them. Mr. Maxwell recommended that the urban area of Paradise not be expanded. 74-362 DISCUSSION: PROPOSED AMENDMENT TO PARADISE URBAN AREA BOUNDARY Proposed amendment to Paradise Urban Area boundary discussedo Supervisor McRillop questioned about the Planning Commission's recommendation Page 336. March 12, 1974 March 12, 1974 e~_~ e= o o o o e e p e e o o~ e e o o e o c c a e~ e~ o 0 that the County use the Paradise Irrigation District boundaries for the boundaries for urban areas. Supervisor Cameron stated that each of the Board members had received a proposal from the Paradise Board of Realtors. Mr. Lawson set up a map of the proposed boundaries. Density of the area explained, Recommendation of the Planning Commission to expand the urban area boundaries to the P.I.D. boundaries discussed. It was felt that a more in-dept study be made of this matter. Mr, Lemke, Paradise, felt this study should be madeo Mr. Robert Lempke, Paradise, requested that this matter be~delayed six months to determine if Paradise is going to be incorporated. Howard 3ohnson, representing the Paradise Board of Realtors, requested that the Board take this matter until theBoard is in c:-aeipt of mare information on the matter. He feelb that the Board should get more feeling from the people of Paradise as to what they really want. Mr. Lawson stated that there has been several study sessions but few people have participated. He said that maybe if h~,~re was a meeting held in Paradise, there might be more people wha would attend and present their feelings. Supervisor Cameron said he would like to see a meeting met for the Paradise area to receive public in-put on this matter, Supervisor Ladd felt that a committee should be set up to study these boundaries. Action on this matter put over and arrangements will be made for a meeting in Paradise. It was stated that it would probably be six weeks or so before a committee could be formed. 74-363 PUBLIC HEARING SET: CLARICE FAUNCE-REZONE FROM A-R TO "AR-MH" FOR PROPERTY SOUTH OF tic 'ZNOLL WAY, OROVILLE A public hearing was set for March 26, 1974 at 2:00 p.m. on the Clarice Faunce-report of Planning Commission's denial of rezone fropi "A-R" (agricultural-residentai~.) to "AR-MH" (agricultural-residential-residential- mobile home) for property approximately 366 ft. south of Oak Knoll Way, identified as AP 36-112,34, containing approximately one acre, Oroville. 74-364 APPROVE TENTATIVE PARCEL MAPS RECOMMENDID FOR APPROVAL On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, the following tentative parcel maps recommended for approval, with negative environmental impact reports, subject to the conditions: Zoned R-1 Albert A. Nolin, AP 50-12-88, 4 lots, north- - east corner of Chapman Ln. & Dean Pd „ Paradise Pursuant to the requirements of S coon 2~ .3 of the butt=. Countt,~ Code, the tentative parcel map of the abati7° rro~~rty H.as been reviewed by the Butte County Subdivision Cor-:mittee and the Planning Commission. Tha Subdivision coz~€mittee and the Planning Commission recommands approval of the tezitative man, subject to the follo~.ving conditions: 1. Verify to«t the :,object parcel ~~as legally created prior to March 4, 1972. _ Page 337.. - - March 12, 1974 March_12,_1974 2. Dead to the County of Butte 30 ft. ricrht-of-waz~ rneasu_r~~,~ from the centerline of Dean Load. 3. Inclz.cate SO £t. bui.ld3.ng setback lines maa,urzd £rom the centerlines of Doan Road and Chacman Lane. ~. Reserve a 30 ft. easement measured from the canterli*:e of_ Chapman Lane. A idegative Declaration 32egardinq Environmznta.l Im~a.ct caaz filed v~it?~. the County Clerk on Februa,-y 11, 197. Zoned A-2 J Bruno Droz, AP 44-49-04, 2 lots, southwzst corner Sycamore Dr, & Flicks Ln., Chico. Surveyor: John Ashbaugh. Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel man of the abovA property has been reviewed by the Butte County Subdivision Com?~?ittee and the Planning Commission. The Subdivision Committee and the Planning Commission recommends approval of the tentative map, subject to the folloerirg conditions: 1. Deed to the County of Butte 30 ft, right-of-way measure from the centerline of Sycamores Drive. 2. Indicate 50 f_t. :wilding setback lines rmeasur^d. £rom the c=nter- lines of Sycamore Drive and Hicks Lang. 3. Provide permanent drainage solution as recruired '7,~ Public ~Ior}cs or nrovicle temporary drainage and a minimum of 5100 a°r nzrcel. ?~ 1`Iegative Declaration Pegardinq Environmental Imoac+_ c;~a; filec? *~~itl. the County Clerk on ??ebruary 11, 1974. Zoned R-4 Robert C. Cannon, AP 48-202-14, 3 lots, north- east corner of Ceanothus & D?anzanita Aves., Chico. Engineer: Walter B. crimes & Assoc. Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel map of the aoove pron?rty has aeon reviewed by the Butte County Subdivision Committee and the Planning Commission. The Subdivision Committee and the Planning Commission. recommends approval of the tentative map, subject to the follo~•aing cone?itions: 1. Show on the final man that any development on the nron~rt~r b= connected to the City of Chico sewer. ~ v 2. Deed 30 ft. of right-of--way measured from the centerlines of Ceanothus and h^anzanita Avenu4s to the County of Butte. Deed radius right-of-wa~~ to the County of Dutte. Page 338. March 12, 1974 March 12 1974 3. Coordinate the right-of-way design with the city af_ Chico. 4. Construct improvements to City of Chico ur;~an stanciarcls (curbs, gutters, sidewal3cs and street section). 5. Provide drainage tc tsie City of C?~ico standards. 6. Verify the location of the septic tan}: system on Parcel 2 and relocate, if necessary, to meet the Health Department star_clards. A Negative Environmental Impa.et Declaration *r~as filed U*ith the County Clerk an February 11, 1974. Zoned S-1 Harald Plaster, AP 43-02-44, 2 lots, north side of W. 12th St., west of Dixon St., Chico. Surveyor: C. Ta. Bachman Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel map of the above property has been reviewed by the Butte County Subdivision Committee and the Planning Commission. ~i7e Subdivision Committee and the Planning Commission recemmend.s approval of the tentative map, subject to the following conditions: 1. Verify the location of the septic tan]c system f_or the residence on Parcel 1 and relocates, if necessary, to meet Health Depart- ment standards. ' 2. Deed to the County of ]3utte 30 ft. right--of-dray measured from. the centerline of W. 12th Street. 3. Final map to shave that Parcel 2 is combined with the Parcel to the north'~ast. 4. Indicate a 50 ft. building setback line measur_d from the cent~r- line of w. 12th Street. 5. Verify that the subject'parael was legally create c'• prior to :March 4 , 19 72 . 6. Provide permanent drainage solution as required b`I Public [°Icrks or provide temporary drainage and a minimum of ;lOD oer lot. A Negative Environmental•Impact Declaration was filed ~,?i ti the County Clerk on February 11, 1974. Zoned R-1 P4arylyn Carroll, AP 50-12-~9, 2v lots, south side of Dean P,d., east of Pentz-rdagalia Ii*•r,T., Paradise. Surveyor: John [A. Haml7v Pursuant to the requirements of Section 20.3 of th:~ I;utte Count-r Code, the tentative parcel map of the above property ii as been 1 reviewed by the Butte County subdivision Committee anc? the Planning Commission. -- - - _ Page 339. March 12, 1474 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ a ?~ c~ ~ 2i ~ 9Z4= _ _ _ _ ~ _ _ _ _ _ _ _ _ This is an area where rumerous narceis are mina cr~at~d. The Subdivision Committee and the Planning Commission recommends approval of the tentative map, subject tr, the f.olloz~rinq conditions: 1. Verify thQ location of t?e s°ntic tank suet°1'i for the resir'ence on Parcel 1 and relocate, if necessa?-y, tc meet dealt?? n~y?t. standards. 2. Deed to the County of Butte 30 ft. ti?e centerline of Dc-an P.oad. 3. Indicate a 50 ft. kuilding setback cent°rline of Lunar Lane. 4. Verify legal access and the right 5. Verify that the subject oarc~l was ^~Iarcl? 4, 197?.. right-cf-sray measured from lire m~asur~d ~rOm the to use. legally created. prior to A Negative Declaration Psgarding Environmental I*nn 3r.,t ~.~as fi_led ':r i_t,`l the County Clerk or. February 11, 1cJ74. Zoned A-2 Ernie L. Lindberg, AP 3~-03-07 and AP 31-051-O1, 4 lots, south side of Oro-Chi_ca Rd.., east of_ County Center Dr., Orovill~. Surveyor: John W. Hamby Pursuant to the requirem'nts of Section 20.3 of. the ;?utte Counter Code, the tentative Parcel map of the above proporty ,?as '.?c's'n reviewed by the J3utte Count, Subdivision Committee aa?d the Planning Commission. The Subdivision Committee and the Planning Commission r.ca*?^1=nc's approval of the tentative map, subject to the follo~-ring ccndi_tions: 1. Provide statement on the final maw that env c1~v~lonment of these parcels to be connected to tiie City of_ Orovi lls :~~wor. 2. Deed to the County of Butte 40 ft. rig'?t-af-~=ra~;~ r:easur_=c? from the centerlinA of Oro-Chico II~r><~r . 3. Indicate a 55 ft, building setback line m°asu?°sd from t.1V cVnt^r- line of Oro-Chico Ii~,i<r. A Negative D_claration Regarding Environrental ?'mnact i;ras fi_1-~d_ ~,ri t'? the County Clerk on I'a,?ruary I1, 19 7n . Page 340. March 3.2, 3.974 March 12, 1974 Zoned T1-2 T,td. E. ~ M. Croshaw, AP 5~-163-11, 3 lots, nort'.z side of Pearson Rd., 700' past of Sa:•rmill Rd.., Paradisa. Sure°yor: John G~;. I3amb~~ Pursuant to the requirements of Section 20.3 of t:7s I3utth Coun_t-> Code, the tentative parcel man of the above rronwrt~r has l-,r°n reviewed by the Dutte County Sul.~division Committee anc t~v Planning Commission, The Subdivision Committer and. the Planning Commission recommer.~ls approval of the tentative map, subject to t~~e follo:~~incr condi ti ens ; 1. "•4obilo home sho.an on mab_ to ba removed bofrr^. fi li ncr of the final man, 2, verify the location of the septic tank s;~stum serving Parcel 2 and relocate, if necessary, to meet Health Dent, r~nuirements. (Show that it is tai thin the boundaries of Parcel. 2 and not within ~~e rightLLof-~aay) . 3. Deed to the County of Dutte 40 ft. of right-of-wav measured f.rcm the centerline of Pearson P.oad. 4. Indicate 50 ft. building setback lines measured f_rer~ the c°.r.f.~r- lines of Pearson Road and tze nro~osad easement. A Negative Declaration Regarding Ervirormental Itn:~act .gas filets •:~ith the County Clark on February 11, 197. of Dayton-Durham Hwy., ciorth of Burdick Rd., Durham, was put over one week. Mrs. Martha Croshaw questioned theBoard concerning her parcel map. She was told that she would have to comply with the conditions of the map. If circumstances fharge for her, then she would have to have another map prepared setting out the changes to be considered. She was told that she would have to file the final map before she places the mobile home on the front parcel. 74-365 ADOPT ORDINANCE 1437 & 1438, RE70pNING FROM "A-2" (GENERAL) TO "A-3" (SGRICULTURAL) and "A-40" (AGRICULTURAL-OPEN SPACE) FOR THE SOUTHWEST PORTION OF COUNTY Proposed ordinance dealing with the provisions that allow for hunting camps. The provision is not intended fox year round uae of the trailers. Provision discussed. The trailers are for fishing and hunting purposes. Uses explained. Deletion of the borrow area around the river discussed; this area has been deleted from the ordinance. On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, the following ordinances were adopted and the Chairman was authorized to sign; and the second reading of the ordinances were waived: Ordinance No. 1437, an Ordinance an~end~n County Ordi xnce No. 1071 consolidating 'A-3 ~agricultural~ districts ' Page 341. March 12, 1974 a==a=o==a aeaoa==M8=Ct1 ~.2~ ~.974a a=a e==~==c==== Ordinance No. 1438, zoning a portion of County an "A-40" (agricultural- open space) District, pursuant to Ordinance No. 475, as amended. 74-366 ADOPT ORDINANCE N0. 1439, Ai~NDING ORDINANCE N0. 1002, ZONING DEFINITIONS (AGRICULTURAL Ei~LOYEE) Proposed amendment to Ordinance No. 1002, zoning definitions to include "agricultural employee" discussed at this time. On motion of Supervisor Cameron, seconded by Supervisor Ladd and unanimously carried, the second reading of ordinance amending Ordinance No. 1002, zoning definitions to include "agricultural employee" was waived, Ordinance No. 1439, amending Ordinance No, 1002, zoning definitions, was adopted and the Chairman was authorized to sign. RECESS: 12:05 RECONVENED: 1:30 74-367 APPROVE LAND CONSERVATION AGREEMENT CECIL JOHNSON R. A. Mackessy, Agricultural Commissioner, spoke to the Board concerning the Land Conservation Agreement between the County of Butte and Cecil Johnson and Paradise Rim-Rock Ranch. It is his feeling that Mr. Johnson acted in good faith when he filed his application for the land conservation agreement. He explained what had been done regarding this agreement. Mr. Johnson said he would present the whole acreage, rather than excluding certain portions of the property. When this agreement is approved, it creates a situation whereby the Assessor cannot appraise the property on market value. There is a bill before State Legislature that if passed would allow the agreement to be filed or recorded by May 31st. County Counsel stated that if the applicant wants to go ahead with the modification to the agreement, he could see no reason why the Board cannot approve the agreement and record it with the County Recorder, The Board cannot give him any assurance that it will be effective this year. Mr. Johnson explained his actions regarding the agreement. Mr. Blackstock again stated that the Board could go ahead and accept the agreement and authorize the Chairman to sign on behalf of the County and then advise the Assessor what has transpired. The Board could write a letter to their State Senators and Assemblymen to see if the proposed bill could be passed. On motion of Supervisor McKillop, seconded by Supervisor Cameren and carried, that the land conservation agreement between Cecil Johnson and Paradise Rim-Rock Ranch and the County of Butte, for the total property involved, be adopted,. eft become effective to coincide with the adoption of the State t.egislation, and that a letter be written to the Assessor explaining the situation involved, and the Chairman was authorized to sign the agreement. Mr. Mackessey will handle the change ~n description on the agreement. Board RECESS: 1:55 The/recessed to go into an executive session. RECONVENED: 2:07, followiag an executive session. 74-368 PUBLIC HEARING: H. F. CRADDOCK-VARIANCE TO CONSTRUCT A 5 FT. HIGH STONE FENCE The public hearing on the reque`st•of H. F. Craddock for a variance Page 342. March 12, 1974 __________=====Ma~ch~2s 1974======m=====_____ to construct a 5 foot high stone fence was held at this time. Jim Lawson, Planning Director, stated that Mr. Craddock has requested that this appeal be withdrawn. Background of the request set out by Mr. Lawson. Hearing opened to the public. Appearing in favor: no one. Appearing in opposition: no one. Hearing glosed to the public and confined to the Board. On motion of Supervisor Ladd, seconded by Supervisor McKillop and carried, the variance requested by H. F. Craddock to construct a five foot high stone fence was denied, without prejudice. 74-369 PUBLIC HEARINGS: ORO-RIDGE PROPERTIES-REZONE FROM R-3 AND RT-1 TO C-1, KELLY RIDGE, OROVILLE & SOUTHERN CALIFORNIA FINANCIAL CORPORATION (a) REQUEST REZONE FROM "C-1" TO RE-1; (b) REQUEST REZONE FROM "R-3" TO "RT-lei BOTH LOCATED ALONG OVERLOOK DRIVE The public hearings on the Oro-Ridge properties, rezone from R-3 and RT-1 to C-1, Kelly Ridge, Oroville and Southern California Financial Corporation (a} request rezone from C-1 to RT-1 and (b) request rezone from R-3' to ~RT-1' both located along Overlook Drive, Oroville, were held as advertised. Jim Lawson, Planning Director, explained the background for these requests, stating that the Planning Commission concurred with the requests. Hearing opened to the public. Appearing in opposition: no one. Appearing in favor: no one. Hearing closed to the public and confined to the Board. On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, the Board waived the first reading of the ordinance rezoning the Oro- Ridge properties property on Kelly Ridge from R-3 and RT-1 to C-1 and the Southern California Financial Corporation property from C-1 to RT-1 and from "R-3:: to `RT-1'~`, both located along Overlook Drive, Oroville, and continued the hearing to next week for adoption of the ordinance. 74-370 PUBLIC HEARING: PLANNING COMMISSION INITIATED-REZONING FROM INTERIM AR-MH-3 (AGRICULTURAL-RESIDENTIAL-MOBILE HOME) TO AR-MH-3 FOR AN AREA GENERALLY DESCRIBED AS NORTH OF PARADISE WEST OF SKYWAY KNOWN AS NI1~.SHEW RIDGE The public hearing on the Planning Commission initiated rezoning from Interim AR-MH-3 (agricultural-residential-mobile home) to AR-MH-3 for an area generally described as north of Paradise, west of Skyway, known as Nimshew Ridge was held as advertised. Mr. Lawson set out the background of the matter. The Planning Commission voted unanimously in favor of this rezoning. Bearing opened to the public. Appearing: 1. Mrs. Nadine Freeman. She spoke in favor of the rezoning and urged the Board to vote in favor of the rezoning. rezoning. 2. Mr. Harold Barthelson. Urged the Board to approve the 3. T. H. Cromwell. Urged adoption of the rezoning. 4. Mr. Malquist. He favors the rezoning. Hearing closed to the public and confined to the Board. Page 343. March 12, 1974 a ... o = . o ~ ~ ~ oM~rah~ 12 , ~ 1974 ~ ~ . ~ ~ ~ ~ ~ ~ ~ a ~ ~ ~ , On motion of Supervisor Ladd, seconded by Supervisor Cameron and carried, the Board waived the first reading of the ordinance rezoning from Interim AR-MIi-3 (agricultural-residential-mobile home) to AR-MH-3 for an area generally described as north of Paradise, west of Skyway, known as Nimshew Ridge and continued the matter to Tuesday, March 19th, for the second reading of the ordinance. 74-37I PUBLIC HEARING: EARL F. AND GLORIA C. BRASWELL-REZONE FROM H-C (HIGHWAY- COMMERCIA~) AND "A-R" to "C-1" (LIGHT COMMERCIAL) FOR PABPERTY LOCATED ON THE SOUTH SIDE OF OROVILLE-BANGOR ROAD, APPROXIMATELY 400' EAST OF LOWER WYANDOTTE, IDENTIFIED AS AP 35-118-47, OROVILLE The public hearing on the Earl F, and Gloria C. Braswell rezoning from H-C (highway-commercial) and AR` to 'C-1 (light commercial) for property located on the south side of Oroville-Bangor Road, approximately 400• east of Lower Wyandotte, Oroville, was held as advertised. Jim Lawson set out the background of this request. Planning Commission voted in favor of the rezoning. Hearing opened to the public. Appearing: Mr. Earl Braswell, speaking in favor of the rezoning and esplsining his request for the rezoning. No one appeared in opposition. Hearing closed to the public and confined to the Board. On motion of Supervisor Ladd, seconded by Supervisor McKiliop and carried, the Board waived the first reading of the ordinance rezoning from H-C and •A-R to 'C-1` {light commercial) for property located on the south side of Oroville-Bangor Road, approximately 400' east of Lower Wyandotte, Oroville and continued to Tuesday, March 19th, 1974, for second reading of the ordinance and adoption of the ordinance. Discussed the continuing of the hearing due to law requiring two readings o£ ordinances. County Counsel will prepare proper wordage to use in motions in the future in these matterso 74-372 CONTINUATION OF HEARING ON APPEAL ON STILSON CANYON DEVELOPMENT BY IRVIN SCHLAFF-ENVIRONMENTAL IMPACT STUDY (FOR BOARD ACTION ONLY) The continuation of the hearing on the appeal on the Stilson Canyon Development by Irvin Schlaf, environmental impact study was held at this time for Board action only. Communication from Mr. Schlaf read at this time, Clay Castleberry, Director of Public Works, set out a map showing what Mr. Schlaf intends to do with the development and the access roads. He felt the letter from Mr. Schlaf was self explanatory and he indicated to Mr. Schlaf that it would be up to theBoard's descretion whether his offer would be acceptable. Mr. Castleberry explained how the work should be done. Mr. Schlaf proposes to dedicate a 60' easement. Easement explained. He further proposes to take the money for extending the bridge to improve the easement as a way out of the area. Conditions and offer explained by Mr. Castleberry. Supervisor Cameron said he realizes that the hearing is closed for Board action but he wondered if the people are aware of this new proposal. Mr. Lawaon said that at this point, they have summarized all the changes proposed for the report. The normal procedure 3s to include those comments and Page 344. March 12, 1974 a== a= a o~ o a a a- - a aM~~h 12,x1974 a a a a xx = a a a a. at a sa a s = a matters suggested. In the final report, the final comments will be included. Today, it would be the Board's action to rule on the Environmental Impact Report. The report could be accepted with the 60' right of way easement included. Reference, also, must be made to the archeological factor of the report. Planning Commission has re-written everything to date. Supervisor Ladd felt that the Ern~ironmental Impact Report has spoken to all the issues. Dan Blackstock, County Counsel, stated the Board could accept the report as amended, including the archeological comments and other comments made as a result of public in-put. The Board would be accepting and saying that the E.I.R. as modified as a result of these hearings, is sufficient. On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, the Board re-opened this hearing to give the people a chance to speak to the changes made in the Environmental Impact Report. Appearing: 1. Garrett Starner, Stilson Canyon Road. He set out his reactions to the changes proposed by Mr. Schlaf. He feels that the E.I.R. does not reflect safety for the residents of Unit No. 1 or for the residents of the future Unit No. 2, of this development. He stated that the objections filed remain as stated and they still desire a direct access road out of the area. 2. Mr. Keith Johnson spoke on the archeological aspect of the report. He said the archeological study would cost the developer money, but if it was not to be made, the land should be left as open space, or that certain areas be set aside for the study. It was stated that the E.I.R, would be amended to state that the land owner would make available sites for use of archeological studies. Hearing closed again at this point and confined to the Board for decision. It was stated that Mr. Boynton's summary concerning the archeological factor of the report„ has been included in the E.I.R. It was felt that the report and the in-put has been adequate. On motion of Supervisor Ladd, seconded by Supervisor Cameron and carried, the Board sustained the appeal and adopted the Environmental Impact Report that has been submitted by the Planning Commission, as amended. RECESS; 3:30 RECONVENED: 3:40 74-373 M0~7E TO APPEAL THE GEORGIA PACIFIC CASE TO THE CALIF. SUPREME COURT Dan Slaekatock, County Counsel, asked the Board's permission to appeal a District Court of Appeals' decision in the Georgia-Pacific case, which decision will be final on March 22. The only avenue of appeal is to the California Supreme Court. Mr. Blackstock stated that the court has not been accepting many cases of this nature lately, but he would like to give it a try. Mr. Blackstock explained that the cost of this appeal would be between $200 and $300 because there is so much duplicating involved. However, he is going to have the county print shop do the work, which will cut the cost in half. Page 345. March 12, 1974 March 12, 1974 rs ~ ~ ~ = _ _ ~ _ = ~ a v v n ~ c o ~ ~ ~ e e a ~ e ~ e ~ ~ a e s o e ~ ~ ~ ~ On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, the Board moved that they appeal the Georgia Pacific case to the California Supreme Court. 74-374 MATTERS PRESENTER FOR BOARD DISCUSSION AND INFORMATION Dan Blackstock, County Counsel, reported that he had received numerous calls from Dean Road residents regarding horses. He stated that he had advised them that he would speak to the zoning inspector about the matter. Supervisor McKillop brought up the fact that the City of Biggs was having a meeting Tuesday evening and had a dog control proposal an their agenda. He believes they are premature in their actions since the BCAG Dog Control Committee is trying to come up with a county-wide dog control ordinance. It was agreed that Clif Nickelson, County Administrator, would contact the Biggs City Administrator and request that this matter be put off until BCAG meets againo Supervisor Ladd requested some direction regarding the Manzanita Fire Station. There has been $100,000 budgeted for this item. The City of Gridley would like to work out an agreemenC with the county similar to that with Biggs. He stated that he had discussed this with Jerry Letson. It was agreed by the Board that Supervisor Ladd should proceed with negotiations that will benefit both agencies. Supervisor Cameron stated that there was a Forest Service roads meeting Thursday night and he wanted to be sure that a Board member would be present. Discussed, Both Supervisor Ladd and Supervisor Cameron will probably attend. Chairman Madigan requested that a check be made to see that ali the Grand Jury's provisions were complied with. He was also concerned about a letter from Weimbaum that needed to be answered as soon as possible. Everett Bosworth, assistant county administrator, informed the Board that the letter had been referred to the 'Preasurer for direct answering. There was also a request for a report of keying of the county offices. Mr. Nickelson will prepare this report, however it must be kept confidential. A phone call was received from Placer County informing the Board that George Burgess will appear before the Placer County Board next Tuesday to plead a case. There was a discussion of people that could be present for the Board. Supervisor Cameron discussed Revenue Sharing for "Meals on Wheeis" program. 74-375 AUTHORIZE LETTER TO BE WRITTEN: CHANGING OF MINING LAWS Chairman Madigan discussed the resolution changing mining laws. On motion of Supervisor Ladd, seconded by Supervisor Cameron and carried, the Board authorized a letter to be written to the appropriate people, similar to the one regarding the resolution of the Nine Northern Counties' Supervisors' Association and authorized the Chairman to sign the letter. ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 4:00 p.m. to reconvene on Tuesday, March 19, 1974 at 9:00 a.m. ATTESfi: CLARK A. NELSON, COUNTY CLERK ~ ~ ~ ~ ^ By:~-'y V~_-~..A ` 0 ~r ~ irman o~ the Board Board of Supt ~sors Clerk (., V Page 346. March 12, 1974