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HomeMy WebLinkAboutM031875~ ~ March I8, 1975 STATE OF CALIFORNIA ) 3 aa. COUNTY OF BUTTE The Board of Supervisors met at 9:00 e.m, pursuant to adjournment. Present: Supervisors Cameron, Madigan, McRillop, and Chairman Ladd. Clif Nickelson, Administrative Officer, Dan Blacketock, County Counsel, and Clark A, Nelson, CountyClerk, by Margie Catt, Board of Supervisors Clerk Pledge of allegiance to the Flag of the United States of America 75-501 APPROVAL OF MINUTES On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the minutes of Harsh 11, 1975 were approved as mailed. Dan Blackstock, County Counsel, stated that there vas a prohlem with item 75-478. During the dissuasion the Board diagdased an abandonment scheduled for April 8, 1475 meeting, regarding s 20' radius. No correction to the minutes needed. 75-502 COMMUNICflTIONS Marie and 8ugene Stanley, Paradise. The 5taaleys protest the burning ban. ~ Z'~*'~ ° Discussed; Clerk requested to start a file of these letters. C. A. Barnett, Oroville. Mr. Barnett writes in support of theLassen Avenue ~ G o,{~ v Drainage District. Information, Rudy V, Likens, Paradise. Mr. Likens files appeal to certain items regarding ~ o p.(r '~- Skyway Assessment District No. 1. Discussed; hold until public hearing to bt held later in the day.. - Mr. and Mrs. Gaylan Guthrie, Paradise. Protest is filed regarding ~ a G ~ sr Skyway Assessment District. Hold until public hearing to be held later in the day. Roy ;islliek, Paradise. ProtesC is filed regarding Skyway Assessment District. ~ p -•to 'r To be held until public hearing inter in the dap. Marsdon A. Sherman, Paradise. Protest is filed regarding Skyway Assessment ~ 0 0.4 ~ DistricC, Ta be held until public hearing later in the day. N. J. Thompson, Paradise. Appeal is filed regarding Skyway Assessment ~ p d.{. '~ District. To be held until public hearing later in the day. Samuel Phillips, Ctdco. Mr. Phillips files appeal to denial of claim ~ ~ ~,p D for General Assistance made~ag March 6, 1974. Referred to Welfare Director. To be placed on the agenda for Tuesday, Marsh 25, 1975 at 11:00 a.m. Colusa County. They express their views on the matter of the Region C-RCJPB to ~ G. 0 o project entitled Youth Development and Community Services, a search and rescue project in Butte County involving Boy Scouts. Supervisor McKillop set out the background of this matter. Project discussed; no action taken. JQ r~~dan N. Peckham. Claim of Derek Cymbal is the amount of $500,000.00. ~ ~ ~~ 2 Y See action follaving eommunicationa. Feather River Recreation ~ Park District. C. G, Brandt, Administrator, suggests that the Park Board sad the Board of Supervisors members ~ ~ C.~ ~.t/ meet to discuss the role of the Feather River Recreation and Park District in the Feather River Enhancement Project. It vas stated that Jean Pratt, Board member, would be present at 11:00 g.m, today to discuss thin matter, Supervisor Ri,slkter stated that it wen his understanding from information received in Sacramento last week Page i77. March 18, 1975 T"` ~"` that it vould be at least 14 months before am agreement was conaumated in this matter. It vas felt the Board members should meet with members of the Park Board to discuss this matter. Paradise Recreation District, by Cynthia A. Plint, Adult Center Supervisor. / a o• S y They express their thanks for the granting to them of the needed funds to start operation of the Paradise Meals on Wheels program. Max L. Albert. He files an appeal regarding the decision of Planning l~ 3.p,5• Commission requiring him to file an Enviromuental Impact Report. Discussed; set for hearing on April 8, 1975 at 2:00 p.m. Petition. Owners of property between Highway 32 and Humboldt Road, presently I~ 3 Q p zoned as an Interim S-2 :one, file e•letition opposing extension of the interim coning. To be discussed at hearing this afternoon. Northern California County Supervisors Association, Meeting notice of / D O~~ ~ the U. S. Forest Service supervisors and county supervisors meeting to be held in Red Bluff on April lb, 1975. Lake County Chamher of Commerce. Eavitatlon Co attend a conference on / 0 S.O I slteraative uses of Geothermal Energy is agriculture, industry, and the home. D. H, Brep, Brotherhood of Lacomative Engineers. He urges the Board to take the necessary action wlioreby the two crosainge e~uTd Se~aNproved- ~~ O,0 ~ croseiag separation at Midway Rd. and the Baggett-Marysville Rd. •' croseiag. Supervisor Madigan felt that whey representatives from Public Works attend the meeting in San Francisco, two Board members should also attend the meeting. These Board members should testify in favor of the crossings. Supervisor Cameron commented oa the statements made by Supervisor Madigan. Letters from Henry Subke, Masiorie P. Bannion and Ann Weakley in support of Supervisor Cameron's objections to the Midway crossing read and discussed. See motion following communications. Feather River Opportunity Center. Request for coasidezation of a fork lift for their operation. Supervisor MclCiilop road said letter. die i.tated that they are in dire need of this forklift: Mr. Castleberry said he atouid suggest that Mr. Struthers be asked to check on surplus forklifts. Mr. Castleberry will follow up oa this request. 5upervisar McKillop stated that they have located a site for the building for Feather River Opportunity Center. He would like Co check with Public Works concerning the usability of the site. It is located on the County Center site. Chairman Ladd suggested that the Board members and Public Works Director go look st the site during the luncheon break. No action at this time. 75-503 REJECT CLAIM: DEREK CYMBAL On motion of Supervisor McKillop, seconded by Supervisor Madigan ~ a e-7'~ and unanimously carried, the claim of Derck Cymbal in the amount of $500,000 was rejected and referred to the County's insurance carrier. 75-504 TWO BOARD MEMBERS AUTHORIZED TO SUPPORT BOARDS POSITION CONCERNLNG THE RAILROAD CROSSINGS AT MEDWAY AND BAGGETT-MARYSVILLE ROdIDS On motion of Supervi.sar Hsdigea, seconded by Supervisor McKillop end carried, two Board members were authorized to go to San Francisco, with representatives of the Public Works Department, in support of the Boards position oa the railroad crossings at Midway and 8aggett-Marysville Roads. AYES: Supervisors Madigan, McEillop, Richter and Chairman Ladd NOES: Supervisor Cameron 75-505 APPROVE LEASE FOR HEAD START PROGRAM WITH HOUSING AUTHORITY The Economic Opportunity Council presents a lease with the Housing Authority for rental of property located at the Farm Labor Center in Gridley for the period January 1, 1975 through December 31, 1975. Total cost of lease is $1,750, The lease is for the Head Start Program in conducting its Child Care Program. page 178. March i6, 1975 ~ ~ a s a r a: a r a r r a ar a 1~"iaCtl ~8! ~9~5r r r r r r r r r r r r r s r On motion of Supervisor MaKillop, seconded by Supervisor Cameron and unanimously carried, the lease for Head Start Psogram with Butte County Housing Authority was approved and theChairman was authorized to s1gn, 75-506 APPROVE MANP04lER PLANNING GRAND CLOSE OUT The final documents have been prepared closing out the $15,000 Manpower Planning Grant obtained last Tear. A11 federal funds have been expended and accounted for. Jim Rackerby explained this action. On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the grant clone out was approved and the Chairman was authorized to sign, 75-507 AUTfiORIZE PURCHASE OF EQUIPMENT FOR DISTRICT ATTORNEY ~ SITTING ARRANGEMENT AT SUPERIOR ODURT TO SE LOOKED AT BY ADMINISTRATIVE OFFICER The District Attorney has a need for certain items of equipment for the remodeled offices. Eleven standing bookcases for Law Library which can be built by the County Buildings crew at as estimated material cost of $250 and a table and ^ix chairs for theLibrary, table estimated at $250. Supervisor Richter said he hen had some complaints that there sre no places to sit in the Superior Court building when the people are welting to be called: Situation explained. It was felt the Countp should provide some place for the public to sit while waiting to be called into the hearings. It was suggested that Chey could go in and nit in the third courtroom that is not being used. Situation discussed. On motion of Supervisar McKillap, seconded by Supervisor Madigan and unanimously carried, construction of eleven standing bookcases, purchase of one conference table and six chairs was authorized; transfer from jury and witness expense of $802 to equipment account within District Attorney budget authorised and Administrative Officer has requested to look at the sitting arrangement at the new Superior Court building. FOR 75-508 E7QUIPMENT PUf.CS~ASE,/PUBLIC GUARDIAN. AUTHORIZED On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, purchase of calculator at estimated coat of $153 €or Public Guardian was authorized. 75 569 REMODELING OF COURTROOM "A" AUTHORIZED County Buildings Department has estimated that the cost of remodeling the old Courtroom "A" for the Ma~ower offices is $5,002.94. Use of the area discussed. Mr. Nickelson said he believed that the investment would be worth the expense. Supervisor Richter said he wen going to vote against this to register hie protest against the use of this building because of its limited use. On motion of Supervisor Cameron, seconded by Supervisor Madigan and carried, remodeling of Courkrocm "A" was authorized. AYES: Supervisors Cameron, Madigan, McRiilop and Chairman Ladd HOES: Supervisor Richter RECESS: 10:05 RECOxvENED: la:zo 75-5I0 APPOINTMENT OF TWO-MAN COPRTlTTEE TO NEGOTIATE FOR PROPERTY FOR CHICO LIBRARY SITE Mike Pyeatt reported on the appraisal of property for Chico Library site, Page 179. March 18, 1975 r,.~ Marsh 18,~197~ ~, .... ~ . ~ ..... ,~ ,~ . . . . . ~ . . . . s . . s w . . Report discussed. Casement across property set out cad use discussed. The easement is right through the seater of the property. It was stated that the big problem was going to be the question of securing Gity of Chico authorisation to place a public building an the property. It was suggested that it might be in order to appoint a two-man committee to negotiate with the owner, oa the basis discussed at this meeting. Oa motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, Supervisors Hadigan and Richter were appointed as a two-man committee to negotiate with the seller of the site for a price that would be contingent on the proper zoning of the property. 75-511 ACCEPT GRANT ECONOt~IIC DEVELOPMENT ADMtNISTRATTON Official offer of grant from EDP, hsa been received. Grant amount not to exceed $142,800. Total estimated pro,~ect cost - $238,000 with the balance over sad above the grant of $95,200 to be paid by the Loueiana.» Pacific Corporation. Acceptance of the grant moat be returntd to the EDA prior to March 25, 1975. Bob Nicholson, Economic Development Director, explelned the grant. This is to develop a frontage road along Marysville Aoad, to open up an industrial area and to give access to the Louisiana Pacific plywood plant. Grant discussed. On motion of SupervisorMcRillop, seconded by Supervisor Richter and unanimously carried, the Economic Development Administration Grant wsa accepted and the Chairman was authorized to sign. 7S-Sl2 ACCEPT LOW BID FOR CONSTRUCTION OR GRIDLEY FIRE STATION Tom Struthers, Purchasing Agent, reported on the bids received for the Gridley fire station. Seven bide Wert received for this work, with low bast bid figure of $89,848 submitted by George S. Tandy ~ Sons. There is an additive bid of $4,449 for the pump house, Waking a total bid of $94,847.00. It was recommended that the Board accept the low bid, with the alternative bid added. City of Gridley 1s providing the site and the utilities. On motion of Supervisor Cameron, seconded by 6upervisor McKillop and unanimously carried, the low bid of George Tandy & Sons, in the amount of $89,898.00 for the construction of the Gridley Fire Station, with the altetastiwe bid to be included in the amount of $4,949 , to cake a total~of $94,847.00, and the Chairman was authorised to sign. 75-513 APPROVE AGREEMENT WITH GLENN COUNTY FOR DATA PROGESSING SERVICES On motion o£ Supervisor Madigan, seconded by Supervisor Cameron and unanimousiq,carritd, the agreement with Glenn Countp for computer services for Recorder Index was approved and the Chairman was authorised to sign. 75-514 BUDGET TRANSFE&5 APPROVED Oa motion of Supervisor McRiliop, aecanded by Supervisor Cameron and unanimously carried. the following budget transfers were approved: B~179 Probation - $3,290 from Reserve for contingencies with $1,000 going to overtime and $2,290 going to office expense B-180 .Tuvenile Hall - $466.15 from professional and speci8l services to equipment 8-181 District Attorney - $538 from other transportation and travel to insurance general within the District Attorney's budget. B-182 District Attorney - Legal Adui.sor to Law Enforcement. This records appropriation correction in the legal advisor budget for modification Page 180. Harsh 18, 1975 ~"'' r"'` assn s~es:s ~~sil°=cb~8~k~9Z5~~sr:~r~rsc~~~ ~'1 and will allow for extension of the first year's grant from Match 31, 1975 to June 13, 1975. $1,850 goes to salaries and wages, $15 to compensation insurance, for a total of $1,865 with $665 coming from employee overhead, $T00 from travel and $500 from equipment account. B-183 Treasurer and Tax Collector.- $5,200 from salaries and wages regular, with $4,000 going to extra help and $1,200 Co overtime 8-184 Health - $400.80 from salaries and wages regular to equipment B-185 Biggs Justice Court - $156 from jury and witness expense to overtime B-186 Bosrd of Supertrisors - $2,500 from extra help to other transportation end travel B-187 Central Services - $350 from vehicle maintenance-prior to office expense. 75-515 ADOPT RESOLUTION 75-45. AUTHORIZING APPLICATION FOR SHORT DOYLE FUNDS On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, Resolution 75-45 authorizing application for Short- Doyle Funds was adopted and the Chairman was authorized to sign. 75-516 PRELIMINARY CONSIDERATION OF NEW ENVIRONMENTAL RE9IEW GUIDELINES Daa Blackatock, County Counsel, stated he had sent theHoard members copies of the new Emironfinental Review Guidelines; [hey are to be implemented upon April 1, 1975. Guidelines sat for Tuesday, March 25, 1975 for discussion and approval. It was stated that an article should be published stating that a hearing will be held and where copies of the guidoliaes can be obtained. Rearing set for 2;00 p.m., March 25, 1975, 75-517 PUBLIC WORKS ITEMS APPROVED: HONEY RUN COVERED BRIDGE ROOF REPAIRS, APPROVAL OF PLANS & SPECS, UPPER PALERMO ROAD: RIGHT OF WAY AOQUISITION5: QUIT CLAIM DEEDS TO PORTION OF SKANSON SUBDIVISION UNIT X10 On motion of Supervisor McKillop, seconded by Supervisor Richter and unanimously carried, the following action was taken: 1. Accepted the check in the amount of $1,000 to pay for labor of reroofing the covered bridge and reconfirmed Board's authorisation that the Honey Run Covered Bridge crew.be allowed to do this work. 2. Approved plans and specifications for the Upper Palermo Read Project, No. 18503-73-1; authorized Chairman and Director of Public Works to sign plana;.adopted wage scale and net bid opening at 11:00 a. m., Public Works Office, April I0, 1975, 3. Approved agreements far sale, right of way acquisition, authorized the Chairman to sign and authorised Auditor to draw warrant upon demand of County's escrow agent on the following: Oroville-Quincy Hwy. Betty Jo Riddle 0.121 $185 0 Total $185 Pentz Magalia Hwy. P,G, & E, 1.56 $4,680 - $4,680 Bald Roek Road Joel F. McKim 0.084 $220 0 $220 4. Authorized the Chairman to sign quit claim deeds conveying a portion of Skanaon Subdivision IInit X10 to Erika M. Alm. 75-51.8 REPORT OF SIDS - AEANDONED VEHICLES: AWARD BID FOR REMOVAL Clay Castleberry, Director of Public Works, reported that four bide were received for removal of abandoned vehicles. Ae stated that Mr. Pritchard has talked to all the bidders. He recommended that the bid be awarded to one Stop Auto Wrecking. Bid expialaed. The agreement would be through July 1, 1976. The bidders are ~$e e18t~at they must go County-wide. March 18, 1975 r"'"' I^ Bide discussed. it vas felt that the Board could not face the decision of turning down the bid of the one that would pay the County Yo do this work. On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, the bid for removal of abandoned vehicles was awarded to Gridley Transmission and the Chairman was authorized to sign. 75-519 OFFER OF THUNDERBIRD REALTY, PARADISE. TURNED DOWN ~- •• '- The property exchange with Thunderbird Realty, Paradise, discussed. Mr. Castleberry recommended that this be tarried down. This vas for the old County dump site on Clark Road, Paradise. On motion of Supervisor Madigan, seconded by Supervisor Cameros aad•unani.mously carried, the property exchange with Thunderbird Realty, Paradise, wen turned down. 75-520 APPROVE TENTATIVE TWO-YEAR VARIANCE FOR lBDBILE HOME SIZE, GEORGE WEST, CUSTER LANE. OROVILLE Oa motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, a tentative two-year variance from mobile home size sas approved for George West, 6344 Custer Leas, Oroville. 75-521 ADOPT RESOLUTION 75-46 AUTHORIZING E7~ClTl'ION OF COUNTY-STATE AGREEMENT N0. 32 (REVISED) FAS PROJECT RS-.1523 C5?_ ~ RS 1524(1) '~' On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, Resolution 75-46 authorising execution of County- State Agreement No. 32 (revised) FAS Project RS-1523(5) b RS 1524(1) for the Pentz-Magalia Highway vas adapted and the Chairman was authorized to sign. 75-522 DISCUSSION: REQUEST FOR MAINTENANCE WORK FOR HISTORICAL CEMETERY-FORBESTOWN Request for maintenance work for historical cemetery-FOrbeatown discussed. Mr. Castleberry said they would work something nut; could use the CETA crew to do tt~e work. 75-52] REPORT BY ART GIL!!AN ON COMPREHENSIVE HEALTH PLAN At the request of Chairman Ladd, Art Gilman, Durham, a member of the Cali£oraia Comprehensive Health Association, reported oa the comprehensive health plan at the regional level. He reported on what was being done by the Assaciatioa and to keep the Board aware of what vas going on. The Board has taken action on matter presented by Mr: Allman. No action Caken a t thin time. 75-524 APPEARANCE: GAYLE SWEGERx. REPRESENTING CHICO WOMENS CAUCAS Gayle SwegerC, Chico, representing Chino Womeas Caucas, asked the Board if there is emergency Madi-Cal for abortions. She feels that it is the right of any woman to have this information available to them. It is their feeling that is is negligent if the County does not have this policy. Ms. Coanig .Hale ^et out the present policy of the County concerning this matter. A card is, issued to the people attending the clinics. Procedure of secnriag the cards set out. In this. County it takes about 45 days to have a-card.iQssued for Medi-Cal, she stated, unless a letter from a physician is filed stating it is a dire emergency. Matter discussed. Supervisor McKillop felt this should be placed on the agenda for discussion and have someone from the welfare Department present to answer questions. Mrs. Ralph Bowes, as a citizen of Butte County, said she felt she had aright to speak at thin time. It seems to be true that an unborn child is availablq for Welfare payments. Instead of the murder of this Page 182. March 18, 1975 ~~ ~ : s s s: w .w s s s s s s•Yr&t41~ss~7~ s a s s scan ss s s s s s s s c child, why not have the mother give her life, she stated. She requested that the Board not allow the killing of these unborn children. Matter put en the agenda for Tuesday, Harch.'~8, 1975. 75-525 APPEARANCE: ROBERT WINSTON: DRY CREEK DRAINAGE DISTRICT & THE OROVILLE RESCUE RTG Robert Winston, Mayor of Orov111e, said that the Auditor, Bill Lawrence, has been a friend of the City of Oroville, by the memo he issued. This relates to the ill-fated Service Area No. 52, Dry Creek Dralaege District. The Dry Creek Watershed is only partially developed. Situation discussed; no action taken. Be said some years ago the City of Oroville provided a rescue wagon for the residents. It i• 8 panel trunk that is equipped to handle any rescue. Forty-seven percent of the calls are from outside the city limits. They find themselves hard pressed to man this equipment at times. It ie expensive. He requested that during budget time, consideration be given for assistance to this emergency equipment, Use of the truck discussed. Request discussed; no action taken. Supervisor McKillop commented on the procedure to oat the Service District back on the election ballot. The Service District has been formed; he feels that the County should pursue the matter. Chairman Ladd said that part of Che down-fall of the election was the setting out of the roves of beae£it that should be considered. These should be explained to the people. No action taken on this matter. 75-52b APPEARANCE: JEAN PRATT MEMBER OF FEATHER RIVER RECREATION DISTRICT Mrs. Jean Pratt, n member of the Feathes River Recreation District, presented petitions signed by people declaring their extreme dissatisfaction over the continued desecration of riverfront property by Mathews Readymix. Mrs. Pratt explained the matter of the petitions; operation of Mathews Ready Mix set out. Petitions discussed; no action taken. 75-527 LIME SADDLE COMMUNITY SERVICES DISTRICT; RD RESTING CROSS LATERALS Mr. Harold Dawson, Chairman of the Ad oc ttee, requested authorization to install cross laterals for pipe lines under Pentz Road, The Committee feels that this is an opportune moment to have the lines placed under the road while the County is having the roadwork done. Mr. Carl Fisher enlightened the Board on the method of paying for these Lines. Ia the 1974-75 budget, thep have a resersre of $1,000; Chey also have $600 budgeted for an election. They have $1,000 budgeted for legal services. They would like to request authorization to use these funds to install the cross laterals for pipe lines under Pentz Road. Oa motion of Supervisor McKillop, aecondad by Supervisor Cameron j and unanimously carried, the Board, acting as the Board of Directors of the Lime Saddle Community Services District, authorized the expenditure of the above listed funds for the installation of cross laterals for pipe lilzea under Pentz Road, sad authorized the cooperation of Public Works in the presentation of contracts for the Pentz Road work. 75-528 PUBLIC HEARING: SKXWAY ASSESSMENT DISTRICT N0. 1 The public hearing on the Skyway Apsses~ment District No. 1 was held ae advertised. Everd McCain, engPage l~f vork, was requested to explain the Mazch 18, 1975 r ~", s sswsswssws: Ma~Ch lS,w1~7~,, ,,,sssswwwsssewss zones of benefit and the breakdown o€ the aaseasmenta. The public neeessitp and welfare made the videning..of the Skyway imperative. The Boazd of Supervisors made the deEermination that Che expenditure of funds for the widening of the Skyway was necessary in the interest of the County. The County contributed to the drainege required for the road. It was felt thaC the laterals should be put in while the road was being widened so it would not be torn vp later to install the laterals. The widening of the Skyway has ben n very definite improvement to the Paradise area. The apportionment of the assessments to the property owners for the work set out. They tried to apportion the assessments out in a fair way. Assessments explained~as follows: ASSESSMENT AMOUNTS Frontage $122,545.14 $6.14 lie. ft. Sewerage 71,564.40 Drainage 317,011.41 $2044 per ac. Total $511,120.95 Frontage benefit explained. The parcels thaC fronted oa the Skyway receive a better ~2nefit so the portion of the assessment would be greater. Drainage benefit is difficult to distribute. Each parcel had to be individually analyzed. Mr. McCain set out the list of parcels that he recommended should be revised. The reductions to these parcels would increase the assessments to the other portals. Hearing continued to 1:30. REC$SS; 12:05 RECONVENED: 1:30 Continuation of hearing. Dan Cook explained the sanitary part of this easesament. This concerned the sewage lines Chat would serve the people in Paradise. He went back a period of three yenrs where there was a proposal to explore the matter of a sewage system for paradise. Tt was felt that if a sewage system was to be lnatalled, this wsa the time to make plans for the lines. It was decided to install the laterals at this time. Mr. McCain explained the proceedings to be handled at this time. He explained that the method of spreading the aasessmeata could be changed by the Supervisors. Financial procedure to be followed set out by Mr. McCain. gearing opened to the public. Written protests acknowledged from the following: Otto and Elfrieda Aust Minna Aust Joe and Martha Themin, Assessment No. 318 William & Augusta Howard Ruth Collins N. J. Thompson Catherine and Ronald Weet Audrey Newman & Cecile Borman Ettie A. McClain aka Ettie McDonald Clarence Strevey Herbert ~ Sophia Corbett paradise Capital Corporation by Phil Mace Biddulph parcel J. E. Parker Page 184. March 18, 1975 ~ r`"`: K. R. Whitmire Company, Inc. by William H. Spruance, attorney at Law Phyllis Guerra Patricia Brophy Margaret H, Gechen Robert & Mary Punteney Roy and Eileen Bernard Mr. ~ Mrs. Gaylon Gutherie R. A. Schott Mica Gladys Holderer Marsdon A. Shera:an Evelyn Wallick Mrs. Mildred Bianco Ellen and Clarence Strevey Lowell Richard and Clara M. Wade Copies of these written protests will be sent to each Board member for their study and consideration; copies will also be given to the Engineer o£ Work. Appearing in protest: 1. Mr. Tom Gibson. He protested the use of his parking lot during the construction of this project. Mr, Castleberry will meet with this man to discuss the situation. 2, Mr, Kenneth Loam, Scotwoed Drive. 3. Mrs. R. F'. Udevich k. Mrs. Cecilia Bowa:aa 5. Leroy Wallick 6. Galen Gutherie 7. Paul Minasiaa 8. Robert Punteney 9. Phil Mace, attorney at law 10. Kathy West 11. Joe Snyder 12. Phyllis Bruce 13. Mr. Wm. Howard 14. Mr. Clarence Strevey 15. Mrs. Mary Gutherie Hearing closed to the public aad confiaed to the Board. County Counsel said the Board could close the hearing to additional protests. There will be more comments by the engineers. The engineer is going to request that this hearing be continued two weeks; at that time the general public should have the chance to rebut any comments. Supervisor Cameron said he feels that these hearings should be held is the aria that they pertain to. Se feels that this contiaued hearing should be held in Paradise. County Counsel will ask the Bond Counsel i# this continued hearing could be held in~Paradiae is the evening. It was moved by Supervisor Cameron that this hearing be continued two weeks, as a regular neetipg to be held in Paradise on April 1, 1975 at 7;30 p.m.. RECESS: 3:08 RECO[~VENED: 3:20 Daa Blackstock, County Counsel, reported on the matter of contiaving the hearing to a place in Paradise. The hearing mill have Page 185. March 18, 1975 s„+~~~~.,~ass eswM4r~h~l~,sls7irrasossseasiw~«ss to be held in Oroville at the normal place of business. This matter is being handled under a Bond Act aad procedures for holding the hearings are quite definite. Ruling discussed. Above motion died for lack of s second. Mr. McCain stated he would contact all the owners filing protests. There will be some reductions and therefore all assessments will have to be reviewed. Am* incxesae in the assessments aver $5O- will have to be notified and owner given a chance to speak. It was moved by Supervisor Madigan, seconded by Supervisor McKiliop and carried, that additional protests are cut off at the coacluaian of today's hearing to give the engineer a chance to contact the protestanta and the hearing was continued to April 1, 1975 at 2:00 p.m. AYES: Supervisors Madigan, McKillop, Richter and Chairman Ladd NOES: Supervisor Cameron. 75-529 PUBLIC SEARING: CONTINUATION OF LUHR BROTHERS, INC. APPEAL OF DENIED llSE PERA~1 FOR OUARRY OPERATION ON COHASSET (CONY, FROM FEBRUARY 25) The continuation of the public hearing on the Luhr brotnera, inc. appeal of denied use permit for quarry operation on Cohaaset was held at this time. Chairman Ladd stated that the Board members did have an , opportunity to Look at the site. Conditions to the permit discussed. It was felt that there should be something in the conditions to warn the Hoard if they do not comply with the blasting condition. One condition should be that there will be no storage of blasting materials on the premises aad that all precautions should be taken concerning traffic on the road on the day of the blasting. Phil Stohr, attorney representing Luhr brothers, Inc., stated these conditions would be acceptable to his clients. The permit from the Sheriff's Department states that there will be no storage of explaslves an the premises and that precautions should be taken by them to alert traffic oa the road during the blasting time. Conditions set out and discussed. On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimouslp carried, the use permit for Lohr Brothers, Inc. for the quarry operation on Cohasset Road was approved, with the conditions, and the further conditions that there be no explosive matter stored on the property except oa the day of the blasting; that t~~ere be ao blasting that will cause flyrocks from leaving the boundaries of the property, and that there will be someone out on the road to control traffic at the time of the blasting. 75-530 CONTINUATION OF HEARING: LAVINA MrLLER, E7CfENSiON OF INTERIM S-2 20NING FOR PROPERTY ON NORTH SIDE_OF SUI~ffiOLDT AVE~_WEST OF EL MONTE AVE., CHICO ~~~ ~ The continuation of hearing on the Lavina Miller extension of Interim S-2 coning for property on north side of Humboldt Ave., west of E1 Monte Ave., Chico, was held at this time as a closed hearing. Supervisor C ameroa.etated he has received telephone calls on this matter. He did mot realize that this was a closed hearing wren these people called and he told them they could appear today. He felt these people should be allowed to speak. On motion of Supervisor Cameron, seconded by Supervisor McKillop and carried, people appearing today to be allowed to speak concerning this extension of interim soning. AYES: Supervisors Cameron, McKillop and Chairman Ladd NOES: Supervisors Madigan & Pagea~i86. March 18, 1975 ~ ~"`. s s: s s s s s s s s s .e s s .~sC?i i8i ~9j,5s s s s s s s a s s s s w s Appearing: L Mr. George Fritz. Ae owns tare shop on Bighway 32; he protests the extension of the zoning as he feels that this area should be kept light commercial. Mr. Lawson stated that a portion of Mr. M111er`s lot is zoned C-C. If this interim zoning does not continue, the property involved will go back to M-2 or A-2. 2. Mr.it. Bullock, C & L Tire Service. He asked about the scenic highway zoning, Previous zoning for the property discussed. Hearing closed to the public and confined to theBoard. Interim zone discussed. Supervisor Madigan suggested that Mr. Lawaaa contact City of Chieo to have this placed as one of the first items of their b usinesa. Time spent discussing the requested extension of the interim zoning. Supervisor McKillop felt that eight months is too long an extension; he sees no reaQOn to drag the matter out. It was moved by Supervisor Cameron, and seconded by Supervisor Madigan that the S-2 interim zoning for property on north side of Humboldt Ave., West o£ E1 Monte Ave., Chico be continued for 90 days, with the finding that it is for the safety, health sad welfare of the p~aople and to preserve the integritq of the General Plan. AYES: Supervisors Cameron, Madigan sad McKillop NOES: Supervisor Richter and Chairman Ladd Motion failed on a 3 to 2 vote. Interim zoning to expire on !larch 1$, 1975. 75-531 CONTINUATION OF HEARING: PARADISE PINES-REZONE FROM INTERIM RT-1 AND A-2 LTD, to RT-1 and RT-lA, AR-MH3, TM-S, TM-10, TM-20, TM-40, C-C, P-Q, R»2. A-2 Ltd., and R-C ZONL>S: CLOSED_TO PUBLIC The continuation of hearing on Paradise Pines rezone from Interim RT-1 and A-2 Ltd. to RT-1 and RT-1 A, AR-MH3, TM-5, TI~I-10, TM-20, TM-40, C-C, P-Q, R-2, A-2 Ltd. and R-C zones held as continued. Hearing has been closed to the public, Phil Mace, attorney at law, pointed out some misunderstandings concerning the Neighborhood-Commercial. About s year ago, this ordiaanee was amended to state that it prohibited anyone living on property that is zoned ~ighborhoad- Omm~ercial. It was moved by Supervisor Cameros that the Board send back to the Planning Commisaioa the portion of the area, outside o£ Paradise Pines, recommended to be zoned RT-?A, for further study. Motion died for lack of a aeeond. Neighborhood R.eaidential zoning discussed. It was felt that if the Board wants to allow residents in areas zoned Neighborhood ibamoercial, it should be seat back to the Planning Commission to hold hearings earl bring ell of the N-C zoned areas up to conformancy. Oa motion of Supervisor Cameron, seconded by Supervisor MclCillop and unanimously carried, the Board sent back for further study sad consideration the proposed RT-lA and N-C areas, with the indication that the RT-lA area should be considered €or ~oang~n~$ga an AR-I~ district. March 18, 1975 ~~ ~:: s i s ~ e r s e s~ s M"rieC~ 68s ~'3~. a^~~~ ~ s s~ s s r r ~ On motion of Supervisor Cameron, seconded by Supervisor t~fcRillop and unanimously carried, the following ordinances were adopted and the Chairman authorized to sign: Ordinance 1556, amending Ordinance No. 1472 coning a portion of the County of Butte, a "Tt~-20" District 1557, amending Ordinance No. 1351 consolidating "P-Q" (Public-Quasi-Public) District 1558, amending Ordinance No. 1508 sowing a portion of the County a "TM-10" District 1559, amending Ordinance No. 1497 coning a portion of the County a "TM-40" District 1560, coning a portion of the County an "RT-1" (Minimum- denaity residential-trailer) District, pursuant to ordinance No. 475, as amended 1561, zoning a portion of the County of Butte, an AR-MH-3 (Agricultural-Residential-mobile home) district, pursuant to Ordinance No, 475, as amended 1562, amending Ordinance No. 1507 coning a,+portion of the County of Butte, a "TM-5" district 1563, coning a portion of the County of Butte, an "C-C" (community Commercial) district, pursuant to Ordinance No.~475, as emended 1564, coning a portion of the county of Butte as an "R••2" (duplex residential) district, pursuant to Ordinance No. 475, sa amended, 1565, zoning a portion of the County an "R-C" (resource- conservation) district, pursuant to Ordinance No. 475, as amended. On motion of Supervisor Cameron, seconded by Supervisor McKillop and carried, Ordinance No, 1555, amending County Ordinance No. 1279, consolidating A-2 Ltd. Districts was adopted and the Chairman was authorised to sign. AYES: Supervisors Cameron, McKillop and Qsairman Ladd NOES: Supervisors Madigan and Richter 75-532 ADOPT RESOLUTIONS REGARDING LASSEN AVENUE ASSESSMENT DISTRICT N0. l E~erd McCain, engineer for the proposed Lassen Avenue Assessment District No. 1, preacnted to the Board the engineering proposal for the Assessment District. Clay Caatlebersy, Dlrectoz of Public Werks, said they recommended that the resolutions be adopted 8s Chis work should be done. Re feels that the District should be formed, Mr. McCain briefly described explained the area and purpose of the district. This area has one advantage over the Paradise Skyway assessment district ea the out-fail system is in. This would provide off-site drainage to every parcel. Mr. McCain did not have a detailed estimate of the asaesaments per acre. Mr. Castleberry set out the work to be done and t9~ area involved. It is felt that this district would have public support. Mr, McCain recommended that the map be approved, and the resolutions adopted. Mr. Blnckatock explained the liability of the costa if the district doesn't proceed. The coats would be approximately $2,500. A public hearing will have to be held and at that time the Board could decide not to form the district. Mr, McCain said he was willing to handle the costs until after the hearing. He Raid they would mail notices to Che property owners. Page 186. March 18, 1975 ~i s s o o c s s m e= s s a s ii-~cClt ~8f ~9Z5c s s ~ ~~ a ~ v ~s o~ t o +t s On motinn of Supervisor Richter, seconded by Supervisor Madigan end carried, the following resoiutioas were adopted and the Chairman was authorized to sign: Resolution 75-47-approving district map and designating name of district 75-48-employing attorney 75-49-appointing engineer of work and designating his duties 75-50 -declaring that public convenience and nacesslty require improvements and acquisitions and setting time and place for hearing. namely, April 22, 1975 at 2:00 p.m. AYES: Supervisors Cameron, Madigan, Me8111op and Richter NOES: Chairman Ladd 75-533 PUBLIC HEARINGS SET ON REZONING MATTERS Public hearings were set for April S, 1975 at 2:00 p.m. nn the following: 1. Hupp Ranch Land Co. - rezone to TM-5 for property located on both sides of Hupp-Couteienc Rd., approx. 3/4 mile east of Skyway, containing 80 acres, more or less, Paradise. 2. T. J. Halone - rezone to R-4 (Maximum-deaeity dwellings restricted service3 for property located at the intersection of Skyway and Neal Road, containing 1/4 acre, more or lees, Paradise. 75-534 TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL: APPROVED On motion o£ 5upervisa Cameron. seconded by Supervisor McRillop and unanimously carried, the following tentative parcel map recommended for approval vas approved, with thg conditions. and with the note that a negative environmental isipact report has been filed: Zoned A-2 ~ S-H R. J. Melville, AP 72-29-T7 & 78, and AP 72--32- G.l~. I-S- l ~ 20 & 21, 4 lots, north side of Oxo-FOrbestown ` Rd., west of Swede's Flat Rd., southeast of Lake Wyandotte. Surveyor: Graves & Geddis Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel map of the above property has been re- viewed by the Butte County Subdivision Committee and the Planning Commission. The Subdivision Committee ar~d the Planning Commission recommend denial, because it does not meet the minimum requirements of the Subdivision Ordinance of the Health Department. If approved, the following conditions are recommended. 1. Reserve the appropriate easement for Parcel 1 for the water line. 2. Show evidence of domestic water or put the statement on the map. 3. Deed to the County of Butte 60 ft, right-of-way from the center- line of Oro-Forbestown Raad. d. Indicate a 50 ft. building setback from the centerline of Oro- Forbestown Road. A Negative Declaration Regarding Environmental Impact was filed with the County Clerk on February 18, 1975. The Planning Commission approved this application for a parcel map granting an exception to the parcel size. _ _ - -_~_' Page 189. - ---_ --- ~ Marsh 18, •• 1975• • . ~ ~, s.e swwsassw:wsww3'~i!{~h~el8.w1$7rieewa.+cws:wro rewwa 75-535 APPROVE APPOINTMENTS TO COUNTYFIIDE BI-CENTENNIAL COMMITTEE On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the fallowing were appointed members.;af the Countywide Bi-centennial Committee: By Supervisor Cameron - Cindy Flint Richter - Harry Meade Ladd - Jake Wallenbach, Gridley Supervisor Madigan and Supervisor McKillop to make their appointments next week. 75-536 APPROVE APPOINTMENT TO BUTTE COUNTY YEARNING COMMISSION On motion of Supervisor McKillop, seconded by Supervisor Cameron sad unanimously carried, George Gilbert was re-apgofated a member of the Butte Countp Planning Commission. 75-537 REAFFIRMATION OF APPOINTMENT OF MR. HATCH TO O.W.I.D. BOARD On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, the Board reaffirmed the appointment of Ernest Hatch to the Oroville Wyandotte Irrigation District Board, to fill the vacancy cteated by Che resignation of Jim Rackerby. 75-538 RESCIND MINUTE ORDER 74-1141 & AUTHORIZE TERMINATION OF WEIGHTS AND MEASURES AGREEMENT WITH YUSA COUNTY On motion of Supervisor Madigan, seconded by Supervisor Cameron and unanimously carried, the following action was taken: 1. Rescinded Minute Order 74-1141 of July 30. 1974, which defined agricultural implements. 2. Authorized request to Yuba County for termination o£ weights and measures agreement. 75-534 MATTERS PRESENTED BY BOARD ?!EMBERS Supervisor Cameron brought up the matter of the letter from the Judicial Council to have Judge Savage appointed as a Circuit Judge. Bill Lawrence, Auditor, hss compiled some facts on this matter; he will mail them to the Board members. Supervisor McKillop brought up the matter of the site for the Feather River Opportunity Center building. Board members discussed this Bite. Supervisor Cameron said he would like to know what they propose to build:, on this site; he would want it to be compatible to the rest of the County's facilities. Building of this building would be taken from the funds designated by the Board for the Cenker'a use. Matter of the site referred to Public Works £or their recomneadation concerning the site. Supervisor Madigan stated that at the wild river hearing is Red Bluff there was standing room only. It was not supposedto be a public hearing but it turned into one. He e~rplained the purpose of the hearing. There will be another hearing in Sacramento; it will be more formal. Supervisor Madigan asked shout the D h R oa property in Che County. He asked if the developers satisfied Mr. Castleberry, where will the County then stand. Mr. Blackstock explained what was being done. He will bring back the results to the Board next week in the form of a report. Page 190. March 18, 1975 n ~, e c r ~ ~ n e o s o .t a~ ~ Y'weW1 ~k8~ ~9i5R :: ~ a s e~ s e= o~~ e Chairman Ladd brought up t'.~e matter of AB 910, the bill concerning renting of mobile homes. Purpose of the bill discussed. Copy of the bill will be sent to the Board members. 75-540 LETTER AUTHORIZED URGING ~iAT TRANSFER OF PROPERTY BETWEEN MATHEWS READYMIX & STATE BE EXPEDITED AS SOON AS POSSIBLE: FEATHER RIVER ENHANCEMENT Supervisor Richter stated he and Supervisor McKillop had met With the Mathews Readymix people concerning the transfer of property between the State and their company. Ae reported on the meeting. On motion of Supervisor Richter, seconded by Supervisor McKillop and unanimously carried, a letter was authorized to be written, urging that the transfer of property between Mathews Rendymix. and the State be expedited as soon as possible for the enhancement of the Feather River, and that the letter be sent to the State Parke ~ Recreation Loard, to the State Department of Fish & Game, to our State kgislatars and to the Governor. 75-541 AUTHORIZE GEORGE SALEEBEY, FORMER DEPUTY DIRECTOR FOA THE CALIFORNIA YODTH AUTH, TO BE INVITED TO BOARD ME6TIlIG TO DISCUSS REPORT ON JUVENILE HALLS Supervisor Richter suggested that it might be well to invite the Superior Court Judges to the next Board meeting to discuss the report of George Saleehey, a former deputy director for the California Youth Authority. Supervisor McKillop stated that Hr. Saleehey had made some statements that the Board should consider. In light of the newspaper article, it might be well to invite Mr. Saleeby to the Board meeting to discuss this report. Supervisor Richter said he would like to ask some questions of this man. Matter discussed. On motion of Supervisor Richter, seconded by Supervisor MaRiliop and carried, George Saleeby will be imrited to attend next week's Board meeting to answer questions concerning hie report. ADJOURN~~rr There being nothing further before the Board at this time, the meeting vas adjourned at 5;30 to reconvene on Tuesday, March 25, 1975 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK /p may- ~r BY:T,_,.,, ~..~ L.r ~(~l :airman~t a Board Board of S rvisors Clerc Page 191. March l8, 1975