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HomeMy WebLinkAboutM050774May 7, 1974 STATE OF CALIFORNIA ) ss. couNTY of BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Cameron., Gilman, Ladd, McKillop and Chairman Madigan. Clif Nickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. INVOCATDON: Clif Nickelson, Administrative Officer Pledge of allegiance to the Flag of the United States of America 74-675 APPROVAL OF MINUTES On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the minutes of April 30, 1974 were approved as mailed. 74-676 COMMUNICATIONS Norris M. Goodwin, Oroville. Mr. Goodwin, as attorney for Marion Brooks J ~ fl, Z ~ Beall, files for personal injuries. See motion following communications. Noel Highfill, Chico. Mr. Highfill writes to give additional information 1~d,0 0 regarding public defender contract. No action taken, Oroville Lodge No. 59 L O.O.F. The Lodge appeals the condition to use permit )~ 3,® v per Planning Commission's action of Apr31 25, 1974. Set for hearing on Nay 28, 1974 at 2:00 p.m. Commission on Senior Affairs. The Commission requests the Board to grant ® O Q.1S- mileage to Commission members at 10~ per mile for attending meetings and to allow $100 a year for their miscellaneous expenses. Discussed; to be discussed again at budget time. Butte County Historical Society. The Society writes regarding Proposition I, which if passed would provide monies to Butte County for parks, ~1• ~ ~ recreation and historical projects. It requests discussion with the Board on establishing a Butte County Historical Museum. Discussed; to be tabbed for discussion after June Primary election. Superior California Comprehensive Health Planning Association. The Association forwards copy of report entitled Mental Health Services in Butte County 1974. Information only. Mental Health Advisory Board. Dr. Stewart Bedford states that two people who have been approved by the Mental Health Advisory Board to fill 3 ~ p.~ ~ vacancies and were recommended by the Butte-Glenn Medical Society have not yet been appointed. He requests the Board to appoint Dr. Terrance Fraters, M.D. and Mr. Frank Garrison to these vacancies. Mr. Garrison would fill the hospital administrator vacancy. See motion following communications. County Supervisors Association of California. Information regarding General / d d• ~ S P1 an Element time extensions and applications therefore is foxwrarded. Referred to Planning Commission. California Council an Criminal Justice. The Council sends notification that the certification of April 16, 1974 is not acceptable. /,~/. ~ U Additional information regarding compliance is enclosed. See motion following communications. 'I,L,O d California Family Support Council. The Council writes regarding a resolution 7 Page 474. May 7, 1974 May 7, 1974 they passed urging boards of supervisors to approve attendance by at least one member of the child support enforcement staff at regional and national meetings of the Family Support Council. Discussed; Administrative Officer to discuss matter with District Attorney, State Board of Equalization. The Board forwards several copies of schedule of ~ v fees for processing filings under Section 54900 of the Government ~.~ ~~ Code approved by the State Board on March 28, 1974, Information only. Copy referred to Clay Castleberry. State Department of Water Resources. The Director responds to the Chairman's p p letter of April 9, 1974 regarding the drawing dawn of Lake Oroville ~1~' prior to September 1. Discussed, Mr, Nickelson to write letter of reply requesting that maybe should work towards a later draw-down. Office of Revenue Sharing. The Director forwards Mailgram notifying Butte Z S County that the estimated entitlement of revenue sharing funds for 0 Q ~-' the 1974-75 fiscal year is $1,865,878. This is a reduction from the previous year entitlement of approximately $287,000. Ev Bosworth, assistant administrative officer, reported on this item. No action taken. E1 Medio Fire District. Request for $150,000 from revenue sharing funds. z S Request discussed. This will be added to the figure in the packet 1 ~ ~" prepared by Administrative Officer and sent to theBoard members for study. To be discussed again at a later date. Division of Industrial Safety. Citation for alleged violations issued in accordance with California Labor Code Section 6317, concerning A Q Q~0 y' rooms in the Courthouse. It was felt that these men should have obtai*~ed permission from the Board prior to making this inspection. Tt was felt that a letter should be written to them objecting to the way this inspection was handled, Referred to Supervisor Ladd and Clay Castleberry for study and recommendation. Constable Leslie Thomas, Paradiseo Letter of resignation. Read and discussed. Z ~ ~,,o v Referred to Administrative Officer and Personnel Director for handling. Norman Larsono He encloses petitions requesting rezoning of property, ~~~ 0 ~ Letter deferred until Planning Director is present to discuss the request. Paul E. Turner, Max Bille Post 2039, Veterans of Foreign Wars. Requesting that Mr. Richard C. Kirby be appointed to serve the remainder of O Q 0,~` Leonard E11is' term and Mr. Sohn R. Derrough be appointed to serve the remainder of Mr. Serafine's term. See motion following communications. 74-b77 REJECT CLAIM OF MARION BRL30KS BEALL On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the claim of Marion Brooks Beall in the amount of $50,000 plus costs of court and such other and further damages as may accrue or be determined was rejected and referred to County Counsel. 74-b78 APPROVE APPOINTMENTS TO MENTAL HEALTH ADVISORY BOARD On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, Dr. Terrance Fraters, M.D. and Mr. Frank Garrison were appointed to fill the vacancies on the Mental Health Advisory Board. 74-679 LETTER FROM CALTFORNIA COUNCIL ON CRIMINAL JUSTICE REFERRED TO SUPERVISOR GILMAN AND PERSONNEL DIRECTOR Jim Rackerby, Personnel Director, commented on the letter from the California Council on Criminal Justice, which notifies the County that the certification of April 16, 1974 was not acceptable to them. He stated he had discussed this letter with Howard Casagrande; background of the situation Page 475. May 7, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ May 7 , =1974 = _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ set out. The letter indicates that the Board could sign a statement of special conditions and develop a plan on how the County could develop the information requested. Mr. Rackerby stated that this would take a lot of money to do as they have been requested to do. 1n the meantime, the communication grant will ;3ot be given to the County until such a statement is filed, Supervisor Gilman suggested that he and Mr. Rackerby meet and speak to the executive secretary, Mr. Colombo, concerning the statement and action that should be taken by the Board. On motion of Supervisor McKillop, seconded by Supervisor Ladd snd unanimously carried, the communication from the California Counsel on Criminal Justice was referred to Supervisor Gilman and Jim Rackerby, Personnel Director, for study and recommendation to the Board. 74-680 PETITION FOR VARIANCE FOR NORMAN PRAYER SET FOR HEARING On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the petition for variance to place a mobile home on the property of Norman Prater was set for hearing on May 21, 1974 at 2:00 p.m. 74-b 81 APPROVE APPOINTMENTS TO THE MAX BILLS POST 2039 VETERANS OF FOREIGN WARS On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, Mr. Richard C. Kirby was appointed a member of Max Bille Post 2039, Veterans of Foreign Wars, to serve the remainder of Leonard Ellis term and Mr. John R. Derrough was appointed to serve the remainder of Mr. Serafine's term. 74-b82 WAIVE FIRST READING OF SALARY ORDINANCE AMENDMENT On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the first reading of the salary ordinance amendment was waived at this time. Mr. Rackerby said there was one issue that was being discussed; the question of mileage. He said that a memo of understanding would be prepared after the meeting that is to be held next Monday. The second reading of the ordinance will be held after the memo of understanding has been prepared, 74-683 AppROVE LEAVES OF ABSENCE On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the following leaves of absence were approved: 1. A six month non-compensated medical Leave of absence for Rita Walborn commencing June 1, 1974. 2. A six week non-compensated medical leave of absence for Mr, Jim Parker, commencing May 9, 1974. 74-684 ADOPT RESOLUTION 74-u6, AN AMENDED RES0LUTION ESTABLISHING MANPOWER PLANNING COUNCIL On motion of Suoervisor Gilman, seconded by Supervisor Cameron and unanimously carried, Resolution 74-66 amending the resolution establishing the manpower planning council, to add a $oard of Supervisor member as the Chairman of the Manpower Planning Council was adopted and the Chairman was authorized to sign, Supervisor Ladd was appointed to work with Jim Rackerby, Personnel Director, an this council. Page 476. May 7, 1974 May 7, 1974 _ 74-685 AUTHORIZE GALL FOR BIDS, TRACTORS & SCRAPER On motion of Supervisor Cameron, seconded by SupervisorMcKillop and unanimously carried, call for bids for lease/purchase of two refuse crawler tractors and purchase of one ten-yard hydraulic scraper for refuse disposal with bid opening set for June 6, 1974 at 2:30 p.m, in the Purchasing Office was authorized. 74-686 DECLARE ALERT/MONITOR RADIO SURPLUS The Fire Department requests that an alert/~tamitor radio, inventory ~~09636, be declared surplus as it is damaged beyond repair. Request discussed. On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the Board declared the radio surplus and authorized disposal by Purchasing Officer. 74-687 APPROVE AUCTIONEERtS LICENSE: HAROLD SMITH On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, the auctioneers license for Harold Smith to hold auctions at the Village Auction Square in Chico was approved and the Bond was authorized to be filed with the County Clerk. 74-588 DISCUSSION: REVENUE SHARING PROPOSALS Clif Nickelson, Administrative Officer, explained the memo concerning the Revenue sharing proposals. The Eoard members felt that they had not had time to study this matter. Matter placed back on the agenda £or Tuesday, Map 1&~th, 1974. 74-689 BUDGET TRANSFERS APPROVED Budget transfers discussed. Mr. Nickelson stated that there were two additional transfers. B-1486''bata Processing, in the amount of $1,500 from travel. to office expense. The other transfer was for Planning, in the amount of $300, from Reserve to extra help to send out notices from the subdivision department. On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, the following budget transfers were approved: 8-141 Personnel - $167 from Board authorized travel to other transportation and travel B-142, Recorder - $?„32 from office expense to equipment maintenance B-144 Chico Municipal Court - $12 from other travel to Board author ized travel B-145 Auditor - $630 from salaries and wages to extra help B-146 Grand Jury - $2,500 from the reserve to jury and witness expense B-147 Juvenile Hall - $1,000 from the reserve to extra help B-148 Data Processing - $1,500 from travel to office expense B-149 Planning - $300 from Reserve to extra help 74-690 PROPOSED ORDINANCE FOR WATER WELL CONSTRUCTION STANDARDS Dr. Enloe was present to discuss the proposed ordinance £or water well construction standards. He stated that it has not been typed in its final form and maybe action should be postponed until next week. The changes suggested last week will be incorporated into the ordinance. Supervisor Gilman said he would suggest that this ordinance be postponed for one week; he had a tele~agee4~~.11 from one of the drillers May 7, 1974 May 7, 1974 and he requested that they have more time to study the ordinance. The other Board members stated that they, also, had received calls cn this matter. Matter put over two weeks. Mr. Toussaint will discuss the proposed ordinance with the well drillers prior to that time. Copies of the ordinance will be made available to those interested in it. 74-691 APPROVE TEMPORARY ARRANGEMENT BETWEEN BUTTE COUNTY & SHASTA COUNTY FOR HOUSING WOMEN INMATES FROM SHASTA JAIL IN BUTTE COUNTY JAIL On motion of SupervisorMcKillop, seconded by Supervisor Gilman and unanimously carried, the Board approved the temporary arrangement between Butte County and Shasta County for housing women inmates from Shasta Jail in Butte County Jail for 30 day period while Shasta Jail is being painted, subject to approval of the County Auditor and County Counselo 74-692 DISCUSSION: ASSEMBLY CONSTITUTIONAL AMENDMENT •32 Dave Vasco, Assessor, spoke to the Board regarding Assembly Constitutional Amendment 32. He explained how the bill will affect Butte County. The efLect of the bill on taxes set out and discussed. Mr. Vasco set out other bills concerning assessments and taxes that would affect the County. Supervisor Cameron stated that Assembly Constitutional Amendment 32 was discussed at the Supervisors Association meeting and they have gone on record as opposing it. The Assessor's Association are also opposing this bill. RECESS: 10:10 RECONVENED: 10:30 74-693 INFORMATIONAL ITEMS Supervisor Gilman suggested that the proposals concerning revenue sharing funds th~¢t pertain to health care be referred to Dr. Enloe for his study and report to the Board. Mr. Nickelson stated he would pull these proposals and give them to Dr. Enloe. Dr. Enloe informed the Board that copies of the proposed ordinance regarding water well construction standards will be ready this Friday. They will be available at the Health Department offices for anyone requesting copies. 74-694 ORDER APPOINTING PRECINCT BOARDS ETC. PRIMARY ELECTION The County Clerk presented the election officers and polling places for the upcoming election in June pursuant to Section lbi8 of the Election Code. It was moved by Supervisor NcICillop, seconded by Supervisor Cameron and unanimously carried, that the Board issue an order, pursuant to Section 1618 of the Election Code, appointi[tg the members of the precinct boards, designating the polling places and order the official canvass by the County Clerk for the Primary Election June 4, 1974. 74-695 PUBLIC WORKS ITEMS APPROVED: RESOLUTION 74,-67 DECLARING THROUGH HIGHWAYS ADOPTED On motion o£ Supervisor Gilman, seconded by Supervisor McKi?lop and unanimously carried, the following action was taken: 1. Approved the final map of Kelly Ridge Estates Unit 2C (Royal Oaks Drive, 22 lots) for recording, accepted the offers of dedication and authorized Page 478. May 7, 1974 May 7, 1974 the Chairman to sign the agreements. 'The necessary bonds are posted guaranteeing completion of road and drainage to County standards. 2. Approved following agreements for sale, authorized Chairman to sign and authorized Auditor to issue warrants upon demand of County's escrow agent and on the Ellis parcel the Chairman was authorized to sign mutual release: Cohasset Road O.D. Dowdy 0.252 ac $ 302 No impr. $ 302 61201-71-1 Skyway FAS F. Ellis $4,500 $4,500 757 (4) Cohasset Road D. G. Eckroat 0.120 ac. $ 210 No impr. $ 210 _- 3. Resolution 74-67 declaring through highway was adopted and the Chairman was authorized to sign. , 4. Accepted the work of K. S. Mittry Construction Co. for the Manzanita. Avenue bridge and approaches; authorized the Chairman to sign the Notice of Completion and instructed the Clerk to record said Notice with County Recorder. 5. Approved the plans and specifications for Ceres Avenue 57226C-74-i; authorized Ch airman. and Director of Public Works to sign plan;; ad^p"~ed wage scale; 'and approved bid opening at 11:OU a.7n. ac rublic Works Ufftce, May 30, 1974. 74-CyS~R~~~CIINP~S~EME~7~I~ ~l~AAFAS-F~~L~Ol~I~~.CIALptg~D~TRFIA~O"`v"MULODEFAMILY UNITu Clay Castleberry, Director of Public Works, presented a proposed ordinance adding Article 2 to Chapter 26 of County Code concerning street improvement in urban areas for commercial, industrial and multi-family units. The ordinance further makesr;.~-~3rovisions for waiving or postponing requirements. Mr. Castleberry felt the ordinance was in order and that it will help him in administering this matter. Proposed order:=ante discussed. The Board members copies of the proposed ordinance did not have the last two pages of the ordinance; Mr. Castleberry will have copies made of the last two pages and presenL- them to theBoard members. Action to be taken later in the day. 74-697 APPROVE PAYMENT OF OVERTIME AS OUTLINED BX PUBLIC WORKS DIRECTOR Mr. Castleberry said he would like to have Board approval to pay overtime for two areas. The Concow garbaEe dump burned down on Sunday and he sent some of his men up there to handle the dump. The Building Department has had to hire extra help and he would like authority to pay avertime for some of the work in that department. On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the Board approved the payment of overtime as outlined by Mr. Castleberry. 74-698 INFORMATION AAiD DISCUSSION ITEMS Mr. Castleberry reported that the State of California has set up new mobile home rules. The County is going to have to inspect new mobile homes and old mobile homes that are being moved, The County is going to have to make inspections of the foundations and also inspect the wiring, These new rules are mandated. Mr. Castleberry said ri,_:~ would take many people to do this work. There will be fees to set up for this work. Mr. Castleberry will bring in a proposed fee sh.~'~z~dule for Board .consideration. Page 4790 Matt 7, 1974 ...----------=====May 7.=1974==---_-______= W b. Skyway relocation - Magalia Dam. Mr. Castleberry said there will be a meeting of the Paradise Irrigation District on the 22nd of May. He said he still has hopes that they will get a contract out for this matter. c. Concow transfer station. The bids for this station will be opened in 30 days. It is costing a little more than anticipated. d. Driveways. Mr. Castleberry said there is a section of State law that will take care of the driveway problem. Law explained. 74-699 WAIVE FIRST READING OF DURHAM HIGHWAX SPEED LIMIT REDUCTION ORDINANCE Mr. Castleberry presented a proposed ordinance reducing the speed limit on Durham Highway between Cummings Road and Lott Road to 35 miles per hour. He requested that the Board consider this proposed ordinance. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, theBosrd waived the first reading of the ordinance reducing the speed on the Durham Highway between Cummings Road and Lott Road, establishing the 35 miles per hour zoning, 74-700 REPORT ON AAMAGE TO COUNTY TRACTOR Mr. Castleberry reported that there had been over $1,000 damage done to one of the County tractors last night. He explained the damage that had been done to the tractor. Supervisor Gilman said that there has been other damage to government vehicles over the past several years. He suggested that maybe the Board should consider some type action to handle this matter. The Boards concern could be expressed to the Sheriff. Time spent discussing damage to county vehicle and how the matter should be handled. No action taken. 74-701 INTERVIEW WITH MR. CHARLES HANCOCK ROR BIGGS JUDGESHIP Mr. Charles Hancock appeared at this time to be interv3.ewed for the Biggs judgeship. Mr. Hancock said he was sleeping and eating his meals in Biggs. He felt he was a qualified elector of that district. Time spent questioning Mr. Hancock. He said he has complied with all sections of the Government Code concerning con~liance with the residency reQtxirements . Mr. Hancock said he would have to spend some of his time in Durham taking care of his orchard. Chairman Madigan did not feel that this man had established true residency in Biggs; Supervisor Cameron agreed. Supervisor McKillop felt that the Board should vote as a whole; he would not want to appoint a ,judge without a unanimous vote of the Board. On motion of Supervisor Ladd and seconded by Supervisor Gilman the Board declared its intent to appoint Mr. Hancock to the Biggs Judicial District on the 14th of May. AYES: Supervisors Gilman, Ladd and McKi.llop NOES: Supervisor Cameron and Chairman Madigan Motion discussed. Supervisor McKillop withdrew his "Aye" vote at this time. Supervisor Ladd felt that the Board was going beyond the requirements Page 480. May 7, 1974 May 7, 1974 o£ the Board in challenging this man's residency. Supervisor Cameron said he would like to ask-~the Judicial Council for their opinion, Mr. Blackstock stated that Mr. Hancock has a deadline of May 15th in being qualified. He could pick up his bond and qualify for office on May 15th. Chairman Madigan stated that where time is of the essence, could the Board get an opinion from the Attorney General's Office. Mr. Blackstock said he could call today and ask them for their opinion. Mrs. Warner, Biggs, spoke concerning Section 244. She asked to whom it applied. She did not think that many of the officip7s complied with this section. Mr. Blackstock informed her that arlegislator;has to remain a resident of his district. Mr. Blackstock stated that Mr. Hancock has established his residency in Biggs; he could see no legal reason why he cannot be appointed as Judge of that district. Mr. George McLain, representing theBiggs Community Club, stated that Mr. Hancock is wanted and needed in the Biggs area. The people of Biggs would like to have him appointed Judge of Biggs. Supervisor McKillop stated that if Mr. Hancock would accept this judgeship on this basis, he will change his vote again to "Aye". Motion passed on a 3 "AYES" to 2 "Noes". Appointment to be placed back on the agenda for Tuesday, May 14, 1974. 74-702 APPEARANCE: MR. GENE SYLVA Mr. Gene Sylva, Oroville, as Co-Chairman of the visitation of Senator Alan Cranston on May 11th, extended a invitation to theBoard to meet with Senator Cranston on Saturday, May 11th, 1974 at 12t©0. Chairman Madigan stated he could not be present but he appointed Supervisor McKillop to represent the Board at this meeting. 74-703 APPEARANCE: JERRY MYERS. OROVILLE Mr. Jerry Myers, Oroville, said he was here today as the advisory chairman of the 50C Advisory Board committee. He is requesting that the Board consider holding over the time of divestment of EOC to a later date. He said that many changes have been made in this program and there are many more changes to be made. The monies for the various programs cannot be touched at this time. He said he was not asking that the Board release money to operate these programs. Mr. Nickelson said that if the Board should divest themselves of the Community Action Council by the 30th, none of the programs can continue past May 31st. This would mean that next week notices would have to go out giving them a 10 day notice that they will be off the payroll. Dan Blackstock, County Counsel, reported on a telephone conversation that he had with the Regional Council. Supervisor McKillop requested that this matter be placed back on the agenda for next week and the Board could then make a determination in the matter. Matter placed back on the agenda for Tuesday, May 14th, 1974. _ ~ --`page 4fsl. May 7, 1974 May 7,_1974 _ 74-704 APPEARANCE: MR. MATHEW SCHWARTZ, LOWER WYANDOTTE ROAD, OROVILLE Mr. Mathew Schwartz, Lower Wyandotte Road, Oroville, requested rezoning from A-R to A-R MH for his property on Lower Wyandotte Road. He has made an application through the Planning Commission for permanent zoning for the area. At this time, he would like to have the property interimr zoned. He would like to place a mobile home on the property. Time spent discussing the area and the request for rezoning. Supervisor McKillop stated that the property could be interim zoned if this applicant realizes that maybe the people of the area would object to the zoning. Matter put over one week to give the Board members an opportunity to go out to the site and look it over. Rezoning request to be placed back on the agenda for Tuesday, May 14th. 74=705 APPEARANCE: FRED WOLFSCHLEGER Fred Wolfpchleger, Lumpkin Road, Oroville, asked the Board to consider the possible amendment to the General Plan, The people in the Craig-Mooretown areawould like to be left alone, and to retain their present zoning. If the Board would not consider the amendment, would they have time to negotiate with Mr. Lawson for an alternate to the TM zoning for their area. They are requesting an amendment to the open space land plan of the General Plan. Mr. Lawson said he would attend their meeting scheduled for the 10th of May to discuss the TM zoning and any other zoning that they care to discuss. Mr. Lawson said the TM zoning could be adjusted to suit their aims. No action taken on their request at this time. 74-706 REPORT ON PROPOSED PG&E POWER LINE ,Tim Lawson, Planning Director, reported on the proposed PG&E power line, for substation at the southeast corner of State Highway 70 and Lower Honcut Road and 115 ICV transmission line connecting the substation to the existing Palermo-Rio Oso, a length of approximately 1.5 miles. He stated that the Board had passed a resolution in 1965 that required the Planning Commission to review these requests. Mr. Larry McLaughlin, representing the San Francisco office of PG&E, spoke concerning this line. He said the line would run parallel with Honcut Road. There is an existing distribution line going east that will be attached to the transmission line. There will be steel lattice towers; they will be about two feet square at the bottom. PG&E will apply for a use permit for the sub-station. At this point this report is being given for Board information only, in compliance with the resolution passed in 1965. The Board could accept the Planning Commission s report that there is no conflict with any development. Placed back on the agenda for action on Tuesday, May 14, 1974. 74-707 TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL. APPROVED On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the following tentative parcel maps recommended for approval were approved, subject to the conditions, and with the notation that they all have negative environmental imp et reports: Page ~+82. May 7, 1974 Tray 7 , Z 974 Zoned R-1 Herbsrt J. Rocklein, AP 52-04-55, 2 lots, off south side of Edwards Ln., east of Oliver Rd., Paradise. 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. The Subdivision Committee and the Planning Commission recommends approval of the tentative map, subject to the following conditions: 1. verify that the subject parcel t>>as legally created prior to ^4arch 4, 19'7 2. Verify legal access and the right to use. 3. Indicate a 5.0 ft. building setback line measured from the centerline of the easement. 4. Provide traversable access. A Negative Declaration Regarding Environmental Impact was filed with the County Cleric on April 9, 1974. Zoned A-3 P~lark Woodyard, AP 36--24-04 & AP 72-23-01, 4 lots, off north side of Oro-Bangor Hwy., 600' west of Wyandotte T~Iiner' s Ranch P.d. , Oroville . Surveyor: Graves & Geddis Pursuant to the requir-moments of Section 20.3 of the Butte County Code, the tentative parcel amp of the above property has been reviewed by the Butta County Subdivision Committee and the Planning Commission. The Subdivision Committee anc Planning Cormission recommends approval of the map, subject to the following conditions: 1. Provide percolation tests that meet the neco requirements of the Health Dept. 2. Provide the Health Dept. vrith information sufficient to meet requirements of tiie subdivision ordinance as to the availability of water or place a statement on the final ma_n that there is no evidence of domestic water. 3. Deed to the County of IIutt~ 30 ft. right-of-way measured from ti~.e centerline of Oro-Bangor Ilcry. 4. Verify that the subject !parcel was legally created prior to March 4, 1972. 5. Verify legal access. 6. Provide traversable access within the rights-of-way. ~iS3 ~.~__ May 7, 1974 May 7, 1974 7. idon-exclusive easement statement to be placed•on the 60 ft. rights-of-way. . 8. Show ttze drainage Swale and reserve an `asemeat for it. 9. Indicate 50 ft. building setbaclc lines measured from the center- lines of Oro-Bangor Hwy. and the rights-of-way. A Negative Declaration Regarding %nvironmental Impact was filed with the County Clerk on Apr31 E, 1974. zoned RT-1 Southern California Financial Corp•., AP. 34-62- 47~; 48 & 49, 2 lots, west side of Rosebud Court, north of Lodgeview Dr., Oroville. Engineer: Cook Assoc. Pursuant to the recuirements of Section 20.3 of the Butte County Code, the tentative parcel map of the above named property has been reviewed by ti]e Butts County Subdivision Committee and the Planning Commission. The Subdivision Committee and Planning Commission recommends approval of tze tentative map as submitted. A Negative Declaration Regarding Environmental Impact was fil=d with the County Clerk on April. 8, 1974. Zoned A-R Geza Kasza, AP 55-07--29, 2 lots, off west side of Foster Rd., south of Apple Ln., Paradise. Surveyor: Gary Lippincott, Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative pare=l man of tha above property has been reviewed by tze Butte County Subdivision Committee and the Planning Commission. Th_ Subdivision Committee and tine Planning Commission recommends approval of tine tentative map, subject to the following conditions: 1. Provide a 25 ft. easement for Parcels 1 and 2. 2. Verify that the subject parcel was legally created prior to March 4, 1972. 3, verify legal access. 4. Construct access road from Parcels 1 and 2 to RS-8 LD2 County Standards. 5. No further division of these parcels until 60 ft. of acce,;s is provided. Wage 484, May 7, 1974 Nlay 7 , 1974 6. Domed to the County of Butte 30 ft. right-of-way measured..from the centerline of Foster Road. A I3egative Declaration Regarding ;nviror_mentai Impact was filed with-the County Clerk on April 8, 1974. Zoned A-2 A. IIruca~Tilom, AP 44-41-03, 4 lots, off wAst side of Esplanade, south of Nord Ii~•JY . , Chico . Surveyor: Joizn titi~. Hamby Pursuant to the rsquiroments of Section 20.3. of t?z' Butte County Cod:, th_ tentativ6 parcel map of the above property has been reviewed by the Butte County Subdivision Com-nittae and tale Planning Commission, The Subdivision Committos and t:ie Planning Commission recommends approval of the tentative map, subjsct to the following conditions: 1. Verify taaat the subject parcel seas legally craatecl prior to i~•larch 4 , 19 72 . 2. Verify 1~ga1 acc_ss. 3. Construct road to County RS-9 LD2 standards. 4_ Td on-exclusive casement statement to be placed on the final man pursuant to Butts County Suaclivision Ordinances. 5. Indicate 50 ft. building setback liras measures' from the centerline of t'7e easement. 6. SUDAD drainage asswssmant fees to :~~ paid before filing of the final map. 7. Provide permanent c.rai:aage soluticn as required by Public T^Torks or provids tem;~orar_,~ drai.naRe and a minimum of $100 per lot. A N~gativ~ Declaration Pegarding Environmental TmPact was filed with the County Clerk on A€~ril 8, 1974. Zoned A-3 P. G. & E.~, AP 24-25-21, 2 lots, southeast corner Sf.. Hwy. 70 '& Lower Honcut Rd., • Honcut. 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. The Subdivision Committee advises that all requirements pertinent to this land division have been attached to approval of the variance to lot size. Page 485. May 7, 1974 - - ---- -May7,=1974===------- The Subdivision Committee and Planning Commission recommends approval of the tentative map, subject to the following conditions: 1. The variance to lot size must be approved before filing bf the final map. A Negative Declaration Regarding Environmental Impact was filed with the County Clerk on March 11, 1974. Zoned A.-2 Ltd. Milton L. Cale, AP 54-16-18, 2 lots, west side of Travis Rd., between Henson & Pearson RdS., Paradise. Surveyor: Gary Lippincott Pursuant to the requirements of Section 20.3 of tine Butte County Code, the tentative parcel ma? of the above property has been reviewed by the Butte County Subdivision Committee and ti1~ Planning Commission.. The Subdivision Committee ~Z~x~~~r3:3r~KC~~a~~~~ recommend denial of the tentative map, since the lot sizes do not meet t'.ie new Health llept, requirements. If approved, the following conditions are r_commended: 1. Verify legal access. 2. Provide a 15 ft. f=e title strip to Travis Road. A iegative Declaration Pegarding Environmental Impact was filed with the County Clerk on April 8, 1974. Th° Planning Coml~nission, at its mseting held April 25, 1974, raccm- me~zded approval of tine tentative itap, subject to t,i~e two abov conc7.itions . The Orland & Dorothy Best tentative map, north of Biggs Rio Bonita Rd., Biggs, was deleted at this time and to be placed back on the agenda next week. RECESS: 12:00 RECONVENED: 2:00 A11 Board members present. 74-708 WAIVE FIRST READING OF ORDINANCE ADDING ARTICLE 2 to CHP,PTER 26 of COUNTY CODE (STREET IMPROVEMENT IN URBAN AREAS FOR COMMERCIAL, INDUSTRIAL & MULTI-FAMELY UNITS) Board members discussed pages 3 and 4 of the proposed ordinance, Supervisor Gilman felt that this was a reasonable compromise, Mr. Castleberry stated that the Auditor has provided an interest bearing account to place the deposits of the developers far future imprcvements. Supervisor McKillop Page 4860 May 7, 1974 May 7, 1974 said he would like to have some reference made in the ordinance that the County would be responsible for the curb and gutter: location and the grade for the development. Tt is his feeling that if'the County is going to insist on the improvement, then the County should be responsible for the location and the grade in the Future. Mr. Castleberry said it would be all right with him if the County had the responsibility to determine the grade and the location; this will be spelled out in the ordinance. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried,firaS riding of the ordinance adding Article 2 to Chapter 26 of the County Code was waived. 74-709 PUBLIC HEARING: T. A, MOILANS, USE PERMIT TO ALLOW RECREATIONAL CENTER WHICH INCLUDES A COFFEE SHOP AND TAVERN FOR E7CISTING TRAVEL TRAILER PARK: APPEALED BY BOB RUSSELL The public hearing of the appeal by Bob Russell of the T. A. Moilans use permit to allow recreational center which includes a coffee shop and tavern for existing travel trailer park was held at this time. Jim Lawson, Planning Director, set out the background of the matter and summarized the actions of the Planning Commission concerning this use. The use permit was granted by the Planning Commission and was then appealed by Bob Russell. He explained the matter of the accesses to the development. The people did not want the development to use the 25' easement as it is a private road. Hearing opened to the public at this time. Appearing: 1. Mr. T. A. Moilan. He presented his plan for the use of this property. He feels that the road is just as~much his as the neighbors. He explained the use of the accesses. 2. Mr. Bob Russell. He owns the Quail Trails Mobile Home Park just to the north of this property. He opposes the use of the private road. He doesnot think that there should be this type business in the immediate area of these parks. He is opposed to the traffic problem that this will create. 3. Judge Tilman Daley spoke conc~::ning the use permit. Mr. Lawson explained how the use would be handled. ' 4. Mrs. Katherine Harris asked if the developer would have to widen the road for a turn-in. Mr. Lawson said they could condition the use permit to state that the applicant would have to widen his half of the street. Mr. Moilans stated that he had full intent to pave the accesses. Hearing closed to the public and ~infined to the Board. Appeal and use permit discussed, Supervisor McKillop felt that there should be a 5th condition added to the use permit to state that the 25~ access be widened to 28' width going into this business on the private road side. On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the appeal of Bob Russell was denied and the Board concurred with the Planning Commission recommendation and approved the use permit for T. A, Moilans, with the addition of the 5th condition for the widening to the full 28' width on the private road access. Page 487. May 7, 1974 _May 7= 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ W W ~ = = - - - - _ - - - _ _ _ _ _ 74-710 PUBLIC HEARING: RALPH CHAPMAN-REQUEST VARLANCE TO LOT WIDTH The gublic hearing of Ralph Chapman for a request for a variance to lot width was held as advertised. Mr. Lawson set out the background of this matter. He stated that there are 3 existing lots. Mr. Chapman would like to have the middle lot wi2ened to 91'; this would reduce the other two lots to 57' and 63•. This would create two substandard lots. Request explained. Hearing opened to the public. Appearing: Mr. Ralph Chapman. He spoke concerning the request for the variance. He would like to arrange the lots so that he could dispose of them if the wanted to. Hearing closed and confined to the Board. Supervisor Ladd said he has gone out and looked at the property. Mr. Chapman and his wife cannot take care of all this property. Supervisor Ladd made the following suggestion: Have one lot 66.5' middle lot 78. third lot 60. Suggestion discussed, Supervisor Ladd suggested that action be postponed until the applicant's engineer could be present and maybe they could redesign the lots. Matter put over one week at this time. 74-711 PUBLIC HEARING: ELSIE LACKEY-REZONING FROM A-R TO C-1. OROVILLE The public hearing on the Elsie Lackey request for rezoning from A-R to C-1, Oroville, was held as advertised. Mr. Lawson summarized the actions of the Planning Commission in this matter. Planning Commission approved the rezoning on a vote of 5 "Ayes" and 4 "Noes". The area is to the south of Oroville. Hearing opened to the public at this time. Appearing: 1. Mrs. Elsie Lackey, applicant. Mrso Lackey set forth the reasons she was requesting this rezoning. She would like to place a mobile home on her property to use as an office. At the present time she is operating a rest home at this location. She has a parcel of land about one acre and a half in size. Mr. Lawson had informed Mrs. Lackey that mobile homes were not allowed in an A-R zone. The use had never been a bother and he feels that it is a good use of the property. Chaplain A. L. Webster also appeared in favor of the rezoning. He recommended that the Board approve the rezoning. H@a~'i.ng closed to the public and confined to the Board. Supervisor Ladd said he felt that this is one of the better homes in the area. Mrs. Lackey has a good operation history, On motion of Supervisor Ladd, seconded by Supervisor rlcKillop and unanimously carried, the Board concurred with the Planning Commission, approving the request for rezoning from A-R to C-l, Palermo Road, Oroville, and waived the first reading of the ordinance. Page 488. May 7, 1974 May 7, 1974 74-712 PUBLIC HEARING: CHARLES HARBAUGH, APPEAL OF DECISION OF SUBDIVISION COMMITTEE-LOT SPLITS The public hearing on the Charles Harbaugh appeal of decision of Subdivision Committee concerning lot splits was held at this time, Mr. Lawson set out the background of this matter. He said the applicant does not have adequate access. The lots were created without proper access. County Counsel has advised Mr. Lawson that the proper action would be for the developer to acquire proper access. Hearing opened to the public. Appearing: Mr. Charles Harbaugh. He read a prepared statement concerning the lot splits. The property owners have asked him to represent them in this appeal because he had sold the property to them. He e7tplained how access to the lots was to be provided. He was told that to obtain a certificate of compliance, he would have to acquire the -:additional right-of- way. Mr. Harbaugh stated that the other owner had at one time agreed to go along with the access, and in that event there would be the proper access. He said he did not know how he was going to get Mr. Sidle to let him have the additional right-of-way. Supervisor Cameron stated tee had looked at the property. Mr. Sidle felt that the present access was on his property. There is plenty of room for a right-of-way. Mr. Harbaugh stated that to widen the access they would have to take out some of the trees. Time spent discussing the matter of the right-of-way for the access road. tbs. Harbaugh stated that he did not have written authority to represent the property awners. He does not own any of the property, Supervisor McKillop said the Board could deny the appeal and indicate that if the owners would approach the Planning Commission with certificates of compliance, then this matter would be considered again. There would have to be a total of b0' right-of-way for the access. Hearing closed and confined to the Board at this time. It was stated that the basic issue today is whether there has been a violation to the Code. That has been determined. On motion of Sugervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the appeal of Charles Harbaugh of the decision of the Subdivision Committee concerning the lot splits was denied. 74-713 REQUEST_OF PARADISE FIREMANS ASSOCIATION FOR DANCE LICENSE Supervisor Cameron stated that the Paradise Fireman s Association would like the Board to approve their annual dance to be held on May 18th. A dance license will have to: be issued. Mr. Nickelson will have the Sheriff and the County Treasurer issue the dance license. 74-714 ADOPT ORDINANCE 1450, APPROVING INTERIM ZONING ON BRUCE ROAD. CHICD Supervisor Gilman questioned Mr. Lawson about the request from Mr. Larson fox interim zoning of property on Bruce Road in Chico. This is orchard land. Mr. Lawson stated that he has studied the request for an interim A-3 zone; the property is off Hagen Lane. He recommended approval of the interim zoning. On motion of Supervisor Gilman, seconded by Supervisor McKillop and Page 489. May 7, 1974 _______________May_7j 1974----=_____________ unanimously carried, Ordinance 1450, an interim ordinance zoning a portion o~ the County an A-3 (agricultural~District) pursuant to Ordinance No. 475, as amended, was adopted and the Chairman was authorized to sign. 74-715 DISCUSSION: RE UEST FROM WESTERN PACIFIC RAILROAD TO MEET WITH COUNTY COUNSEL Supervisor Cameron brought up the matter of the letter from Western Pacific Railroad requesting County Counsel meet with them on June 3rd. It was felt that the County should cooperate with the request. It was suggested that' maybe a committee should be appointed to meet with Bob Nicholson and the railroa:t. Supervisor McKiilop and Ladd were appointed as a committee to meet with them. Bob Nicholson will coordinate the setting up of the meeting and will notify the supervisors of the time and place. 74-71b DISCUSSION: REQUEST OF YUBA COUNTY CONCERNING HONOR CAMP Time spent discussing the letter from Yuba County inviting Butte County to participate with Yuba County in the setting up of a honor camp for juveniles. Don Nissen, Senior Probation Officer, said this was fine but expensive; he does not appear to be enthused over a honor camp. Mro Mickelson's question is what does the Board want him to do. Matter discussed. It was suggested that maybe the County should follov7 this request up and discuss it with Yuba County. Supervisor Ladd said it was something that he would not like to turn down until he has more~nformation~: It was suggested that maybe representatives of Yuba County should attend the next meeting of the 3uvenile Justice Commission to discuss this matter. Supervisor McKillop recommended that Mr. Nickelson discuss the request with the Yuba County officials and bring back additional infarmation to the Board for consideration. Mr. Nickelson stated he would follow through on this recommendation. 74-717 DISCUSSION: PRESENTATION OF MR. MC CULLAN CONCERNING HOLD HARMLESS AGREEMENT Chairman Madigan stated that in the Board's packet there was a copy of an agreement with a hold-harmless clause. Supervisor Gilman and the Chairman had attended a meeting in Marysville last week; Murphy~s slough was discussed at that time. Mr. McCullon would like to make a similar presentation to this Board. Chairman Madigan stated that Mr. McCullon would make the presentation next Tuesday, May 14th, 1974 at 9:00 a.m. Mr. Blackstock has a copy of the agreement, concerning the hold harmless clause. This is for the fixing of Murphy Slough, and the additional work to be done where they feel the river might cut through. Mr. McCullon placed on the agenda for Tuesday, May 14th at 9:00 a.m. 74-718 ADOPT RESOLUTION 74-68 ENDORSING AB 3535 Supervisor Cameron brought up the matter of AB 3535. This is a CSAC sponsored bill about Medi-Cal. CSAC has requested that the Boards of Supervisors support this bill. The members of theBoard felt there was no reason why it should not be endorsed. On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, Resolution 74-68 endorsing AB 3535 was adopted and the Chairman was authorized to sign. Page 490. May 7, 1974 May ~, 1974 74-719 DISCUSSION: MOVING OF DRUG RESOURCES CONTROL CENTER TO CIiICO Mr, Nickelson said he had a request from Dr, Enloe to move the Drug Resources Control Center from its present location in Oroville to Chico, The bulk of the drug contacts are with the youths in the CExico area. Dr. Enloe has located an office in Chico at the same rent as that in Oroville, $156 per month, plus utilities. Da:. Enloe needs an answer today on this request. Request discussed. This would be on a month-to-month basis. The Board approved the request on a month-to-month basis. ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 4:06 p.m. to reconvene on Tuesday, May 14, 1974 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK , By: R~ ~ ~ hairm of the d Board of S rvisors Clerk Page 491. May 7, 1974