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HomeMy WebLinkAboutM070274STATE OF CALIFORNIA ) } SS. COUNTY OF BUTTE } The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Cameron, Gilman, Ladd, McRillop and Chairman Madigan.. Clif Nickelson, Administrative Officer, Dan Blackatock, County Counsel and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk, Pledge of allegiance to the Flag of the United States of America 74-975 APPROVAL OF MINUTES On motion of Supervisor McKillop, seconded by Supervisox Gilman and unanimously carried, the minutes of June 25th, 1974 were approved as mailed. 74-976 COMMUNICATIONS Judge William M. Savage, ,judge of the Oroville Judicial District. Judge Savage f /~,d d sends letter to Board of Supervisors requesting immediate authorization of additional clerical position due to workload in processing traffic citations. Administrative Officer explained the request. No action need be Caken at this time; to be discussed at budget session. Mr. Logan, foreman of the 1973-74 Grand Jury. Mr. Logan forwards to the Board documentation concerning computerized mapping. Data Proc. Director to study and report back to the Board next week. Beatrice B, Walker, Chico, An appeal is filed on permit and rezoning for mobile home park on Bela. and Alamo Roads. To be discussed when Planning Director is present. Warren Daley, Bangor. Mr, Daley forwards resignation from the Bangor Cemetery ~ Q 0.53 District Board as of July lfl, 1974. See motion following communications. William Grogan, Oraville. Mr. Grogan forwards copy of his letter to the Butte ~ y ~ .p 0 County Fair Board which makes application for position of Fair Manager. Information only; no action needed. Ricky Ryan, Biggs. Writes in support of a recreation area for motorcycles. f db , Z Cr Refer to recreation district; no action taken. Ida McVey, (~ ico. Writes in support of a riding area for motorcycles. ~,yo,7--ti Refer to recreation district; no action taken. Thomas S. Yt~icic, Chico. Writes in favor of the downtown site for the proposed ~ ~ O.`{ ~ City-County Library. To be discussed later in the meeting. Peters, Fuller and Rush, Chico. 7.'he Attorneys file claim for damages on behalf 'iii .Z Y of Robert M. Powell. See motion following communications. Superintendent of Schools. Mr, Powers, assistant county superintendent, ~ ~ writes in support of aiding Butte County Association for Retarded / 0 ~" with revenue sharing monies. Referred to committee on Revenue Sharing. Northern California Planning Council. The Council forwards resolution requesting legislation to change the methods of taxation on mobile homes in California. Discussed; copies to be made for Board members, Page 74. July 2, 1974 July z 1974 Northern Sacramento Valley Rural Health Project. A list of articles needed for the Oroville Family Health Center is submitted per request ~ ~, a 0 from Dr. Enloe. Referred to Dr. Enloe. City of Chico. Mayor Riegel requests the Board to select a suitable date d '"f0 far a joint meeting as requested by Mr. Hogan Matthews, chairman A A f O • of the rea Planning dvisory Committee. Discussed; meeting date set for July 30th, 1974 at 2:00 p.m. County of Tuolumne. The County forwards copy of their minute order of ~. June l8, 1974 concerning i3.S. Forest Service in lieu tax revenues. p,3 They have requested the Secretary of Agriculture to use normal ~ apportionment procedures in the matter of the proposed exchange of timber land with Fibreboard Corporation. Discussed; na action taken. State Solid Waste Management Board. The Board forwards copy of "Proposed V state policy for solid waste management." They will establish Z~~~ a public hearing date and request written comments or recommendations for their review. Discussed. Director of l:~~blic Works to prepare a proposal. State Department of Water Resources. The Department forwards letter detailing ~ capital cost of the State Water Project for calendar year 1969 and ~1 ~ 1970 which have been reviewed by the Water Contractors Audit ~ Committee, the Metropolitan Water District of Southern California and the Department. The Director requests the Board of Supervisors to indicate agreement with the determinations by signing and returning the copy of the communication. Referred to George Stamm for study and with request that he bring back a report next week to theBoard. Senator Fred W. Mader, Jr. Senator Marier expresses appreciation for ~ ~ p. Z L resolution supporting Senate Bill No. 2133 by Senator Collier. Information only. Senator John V. Tunney. Senator forwards a copy of S. 3601 by Senator ,y ~ Bentsen to fund mass transit transportation programs. He f 0 d' requests your views on this legislation. Referred to Clay Castleberry. He will. report next week to the Board. Bureau o f Reclamation. A copy of "What we Heard," a documentation of the public involvement program far the Central Valley Total Water Management Study is enclosed. They request review of the summary of meetings and comments to be submitted by August 1, 1974. Referred to George Stamm for study and report back next week. G ~ Area 2 D evelopmental Disabilit~.es Board. Meeti~ set for July 12 & 1.3. f D~. Discussed; no action taken, Pacific Coast Producers. Request for rezoning of their property in ~ Palermo; this could be interim zoned at this time. Supervisors / / 3.a Ladd and McKillop met with County Counsel to discuss this matter. See motion fallowing communications. Petition from Donald Winsard and other residents in Durham. They protest ~ v ~ the commercial-type roping activities of the Browns on the property ~ D 4 . located en S~:cauiore Lane, Durham. Supervisor Gilman said he felt this problem had been studied by Mr. Ferguson. Complaint to be discussed later in the meeting. Water Service Contractors Council. Announce that their next meeting will t.~~~,~ ~ be held in theBoard room of the Orange County Water District, Fountain Valley, on July 17, 1974. Discussed; no action taken. Californ ia Central Valleys F1aad Control Association. They request the I ~ 0 ~" n Board of Supervisors support of the Association during the fiscal year 1974-75 by including an item of $500 in the County budget. Na action taken. Claim of Mrs. Bertha Curiel in the amount of $150,000. Dan Blackstock, ~ County Counsel, reported an this claim. See motion fallowing / p a,~ communications. Page 75. July 2, 1974 __-- __ Juiy2,1974-- _ _ _ Letter from Pauline Davis, Assemblywoman. Supervisor Ladd stated he had received a letter from Mrs. Davis concerning AB 4270, 4271 & 1+272. He feels the County should oppose these bills. Matter discussed. It was felt the Board could reaffirm their apposition by letter. Mr. Mickelson will write the letter in opposition to the bills. 74-977 ACCEPT RESIGNATION OF WARREN DALEY. BANGOR CEMETERY DISTRICT On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, theBoard accepted the resignation of Warren Daley as a member of the Bangor Cemetery District Board as of July 10, 1974, with the request that a letter of appreciation be sent to Mr. Daley thanking him for his services to the County. 74-978 REJECT CLAIM 4F ROBERT M. POWELL On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the Board rejected the claim of Robert M. Powell in the amount of $25,000 and referred the matter to County Counsel. RE- 74-979 ADOPT ORDINANCE 1461, AN INTERIM ORDINANCE/ZONING A PORTION OF THE COUNTY AS AN A-3 ZONE, NEAR PALERMO The request of Pacific Coast Producers for interim zoning of their property near Palermo from M-2 to A-3, to allow farming discussed. On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, Ordinance No. 1461, an interim zoning ordinance far groperty near Palermo, from M-2 to A-3, was adopted and the Chairman was authorized to sign. 74-9$0 REJECT CLAIM OF MRS. BERTHA CURIEL ~ DAUGHTER LETICIA CURIEL On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, the claim of Mrs. Bertha Curiel and daughter, Leticia Curiel, in the amount of $150,000 was rejected and referred to County Counsel. 74-981 APPROVE PEP GRANT I~?DIFICATION & TRANSPORTATION & RECREATION ELEMENT OF SUMMER YOUTH PROGRAM Jim Rackerby, Personnel Director, explained the Department of Labor advisement of an additional $373,900 to extend Section S FEP through March 31, 1975. A grant modification has been prepared to extend the program and to equitably allocate the federal funds to the participating local sub-agents. He stated that this will result in about 40 more jabs in the county. Mr. Rackerby recommended approval of the grant modification. The transportation and recreation element of the summer youth programs involve $4,378 federal funds. This program is designed to assist low income disadvantaged youths too young to be employed in the program (under 14 years). The EOC is willing to assume this element of this program under asub-agreement with the County. On motion of Supervisor Cameron, seconded by SupervisorMcKillop and unanimously carried, the following action was taken: 1. Approved the PEP grant modification, extension of Section 5 PEP, and authorized the Chairman to sign. 2. Approved the transportation and recreation element oi~•the summer youth program; authorized the Chairman to sign; authorized a sub-agreement with EOC to administer this element of the°Yrr~gram, and authorized the Chairman to sign. Page 76, July 2, 1974 _______________ ~~~=2*19Z4==_=___~_________ 74-982 AUTHORIZE LETTER TO STATE MANPOWER COUNCIL REQUESTING THAT CSAC SET UP AN APPOINTMENT SYSTEM TO THE COUNCIL Supervisor Ladd stated that changes were going to be made in the matter of appointment of people•to the California Manpower Service Council. It is felt that some one. from the Northern California Counties should be appointed to the Council, and in this way the counties would be better informed. It was suggested that CSAC net up an appointment system, to be approved by the State. A supervisor from each region could be appointed to the State Manpower Council, and the counties could be better informed with this concept. Mr. Rackerby explained how the appointed were suggested to be made. It was suggested that a letter be written to CSAC setting out this proposal. On motion of Supervisor Ladd, .seconded by Supervisor Gilman and unanimously carried, a letter was authorized to be written to the State Manpower Council and to CSAC requesting CSAC to consider and .coordinate representation ~ the manpower council, .said letter to 'be signed by • the Chairman, and- copies to go to Assemblyman Chappie, Assemblyman Johnson and Senator Marley. 74-9$3 SUSTAIN PERSONNEL APPEALS COMMISSION RULING ANA AUTFiORTZE AUDITOR TO REIMBURSE EMPLOYEE FIVE DAYS PAY AND BENEFITS Jin Rackerby, Personnel Director, reported that the Personnel Appeals Commission has heard the matter of suspension of a county employee which involves eight days of non-compensated time. The Commission has made a finding and recommends the suspension be limited to three days non-compensated time. Recomc~endation explained by Mr. Rackerby. Mr. Rackerby stated that if the Board wanted to review the findings and listen to the tapes of the hearing, they could do so. If this is the Board's desire to review the matter, he could play the tape in executive session. Supervisor Gilman said he did not think he was qualified to review these matters. On motion of Supervisor Cameron, seconded by Supervisor Ladd and unanimously carried, the Board sustained the Personnel Appeals Commission ruling in the matter of Florence Wyman, and authorized the Auditor to reimburse the employee five days pay and benefits. 74-984 APPROVE DATA PROCESSING CHANGE ORDER & ADOPTED RESOLUTION 74-$9 APPROVING PRIORITY PLAN FOR EXPENDITURE OF FUNDS UNDER RECREATION BOND ACT On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the following action was taken: ].. Approved change order ~1, Data Processing remodeling, deleting certain demountable partitions at a reduction of $823 and authorized the Chairman to sign. 2. Adopted Resolution 74-89 approving priority plan for expenditure required by the State of Califoxnia for allocation of funds for Recreation Bond Act of 1974 and authorized the Chairman to sign. 74-985 APPROVE AMENDMENT TO BOARD MEETING MINUTES OF JUNE 11, 1974 TO AUTHORIZE AUDITOR OR ASST. AUDITOR TO SIGN L~:TTER OF CREDIT & PERSONNEL DIRECTOR TO SIGN AS PROGRAM DIRECTOR RE MANPOWER PROGRAMS Ciif Mickelson, Administrative Officer, explained the request for amendment to Board meeting minutes of June 11, 1974. The Board authorized the letter of credit from the Federal Government at that time, but the Manpower Office is requesting that the Auditor or Assistant Auditor be authorized to sign the financial letter of credit and for Jim Rackerby to sign as program director. Req+aest discussed. Page 77. July 2, 1974 ___---_-_-____ ==--July "L=, 1.y I4--=-----_-__._.___ On motion of Supervisor Ladd, seconded by Supervisor Cameron and unanimously carried, the County Auditor or Assistant County Auditor was. authorized to sign the financial letter of credit for the Manpower programs and the Personnel Director, Jim Rackerby, was authorized to sign as program director. 74-986 BUDGET TRANSFERS APPROVED On motion of Supervisor Ladd, seconded by Supervisor Cameron and unanimously carried, the following budget transfers were approved: 8-21.9 Biggs Justice Court - $76 from tk~ reserve to general insurance B-220 Farm & Home Advisor - $200 from regular salaries to other transportation and travel B-221 Chico Municipal Court - $26 from professional and special services Co equipment maintenance B-222 Superintendent of Schools - $100 from overtime to extra help 8-223 Chico Municipal Court - $150 from professional and special services to ,fury and witness expense B-224 Gridley Constable - $100 from Board authorized travel, $17S from office expense with $27S going to other transportation and travel B-225 District Attorney - $1,50fl from the reserve to professional and special services B-226 Refuse Disposal - $172,989 from the reserve to the equipment account 74-9$7 APPROVE CORRECTXQN OF AMOUNT OF CONTRACT CHANGE ORDER N0. 1, FOR SAFEWAY BUILDING LIBRARY REMODELING The Administrative Officer requested that minute order No. 74-846 of the Board minutes be amended to show that the Contract Change Order No. 1, for the Safeway Building Library remodeling, was in the amount of $2,701.36, rather than $2,b88.71 as stated. This is a difference of $12.65. Change discussed. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, Minute Order No. 74-846 was changed to show that Change Order No. 1, Safeway Building Library remodeling, was in the amount of $2,701,36, rather than in the amount of $2,688.71, a difference of $12.65, as requested by the County Auditor. 7~+-988 DISCUSS>:ON: REPORT BY MR. FERGU50N CONCERNING THR COMPIAINT IN DUR1iAM CONCERNING MORSE ROPING ACTIVITIES Mr. Ferguson reported on the complaint filed by residents of Durham concerning 'horse roping activities on the Brown property. Use of the arena.. It is nUt a commercial venture; it is a practice steer roping activity. Under the present zoning, the only thing Mr. Ferguson could do was to ask the owners to keep the Loud speakers down and to turn the lights out earlier. There are times that the owners work late when they are branding the steers so that they can put the steers out to pasture. He said there was no violation of the law concerning this activity and there are no zoning violations involved. A copy of Mr. Ferguson's report will be given to the Sheriff. 74-989 APPROVE MAGALIA DAM-SKYWAY RELOCATION PROPOSAL Clay Castleberry, Director of Public Works, reported that Public Works proposes to proceed with embankment and preliminary engineering and design with Harlan Engineers; right of way clearance with PID; Environmental Impact report and he hopes that the Board wi11 approve the Harlan Engineers' proposal. Public Works would like to proceed with engineering work with Harlan Engineers far the preliminary engineering and testing. He said the Letters of Credit from Larwin could be used to finance this pro,~ect. He said the Board should authorize County Counsel, County Auditor and himself Page 78. July 2, 1974 July 2~ 1974 to work xn getting the money from the Letters of Credit into a trust account so they can proceed with.t~is project. Request discussed. On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, County Auditor, County Counsel. and Clay Castleberry, Director of Public Works, were authorized to work together to transfer the Larwin letter of credit money into a trust account. 74-990 PUBLIC WORKS INFORMATION ANA DISCIFSSION ITEMS Mr. Castleberry explained the solid waste study report. He said there would be no more fires at the disposal areas. He explained the matter of mobile home code enforcements. He will bring back later an ordinance that will cover.. the new Legislation. Public Works does not have the people to do the extensive testing that will be required under this legislation. The Midway-SPZR avercrossing explained. This crossing is No. 16 on the Public Utilities list. Public Works is proceeding now to obtain an agreement with the railroad for their participation in this matter. This is presented for Board information only; no action needed at this time. Improvement plans for SR 32-west Chico area explained by Mr. Castleberry, He said this will go to bid next spring. There will be street widening and a center left turn lane. Information only; no action required at this time. Mr. Castleberry reported that after meeting with Supervisor Ladd and Dave Davis, the County might not have to move out of the courthouse. They are working with OSHA concerning the citations. He said it was going to coat some money to do-some of the things that they are being required to accomplish, due to the citations. RECESS: 10:15 RECONVENEA: 10:30 74-991 REPORT: PAVING BY PRIVATE Cl_TIZEN ON THE NORD-GIANELLI ROAD ARFA, CHICO Mr. Castleberry reported on the paving that had been done by a gentleman on his private road in the Nord-Gianelli Road area. There has been soma damage to the road by tractors. The County had agreed to maintain the road if the road had been constructed to County standards. Supervisor Gilman sgvke concerning this road. This road was a substandara road. Tractors have been on the road and they have done some damage. There is no room off the roan for the tractors. There will be a continuance of these problems with this road. He feels that the problem could be solved if the man would sit down with the Public Works Director and discuss the situation. The County has been trying to keep the tractors off the road. Clay Castleberry will discuss the problem with this gentleman. 74-,992 APPROVE 1~OUTS SPRINGS BOYS CAMP AGREEMENT The Probation Officer submits a contract with Solano County for use of Fouts Springs Bays Camp which increases its rates from $440 to $550 per month effective July 1, 197+. Agreement has been approved by Counsel and Auditor. i'age_ 79. July 2, 1974 -- _-- -- July,2~ 1974_ _-- _ _ -~- On motion of Supervisor Ladd, seconded by Supervisor Cameron and unanimously carried, the agreement with Solarns County for use of Fouts Springs Boys Camp was approved and the Chairman was authorized to sign. 74-993 APPROVE CERTIFICATION OF ALL VOTES CAST iN THE PRIMARX _ELEC'IION JUNG 4, 1974 On motion of Supervisor McICillop, seconded by Supervisor Ladd and unanimously carried, the Board approved the Certificate of County Clerk to result of the Canvass of the Primary Election June 4, 1974, as follows: STATE OF CALIFORNIA } } SS. COUNTY OF BUTTE ) I, CLARK A. NELSON, County Clerk of said County, do hereby certify that, in pursuance of the provisions of Section 18466 and 1$467 of the Election Code and~f the resolutions of the Board of Supervisors of said County heretofore adopted and entered upon the minuties of said Board. I did canvass the returns of the vote cast in the First andThird Assembly Bistricts in said County, at the Primary Election hey on June 4, 1974 far elective public offices, and for and against each measure submitted to the vote of the voters, and that the whole number of votes cast in said Assembly Distracts in said County and the whole number of votes cast for each candidate and for and against each measure in said Assembly Districts in said County and in each of the respective precincts therein, and that the totals of the respective columns and the totals as shown for each candidate and for and against each measure are full, true and correct. WITNESS my hand and the Official Seal this 1st. day of July, 1974. s Clark A. Nelson CLARK A. NELSON,. COUNTY CLERK" 74-994 ADOPT RESOLUTI~TN 74-90 AMENDING RULES OF THE ASSESSMENT AppEALS BOARD On motion of Supervisor McKillop, seconded by SupervisorGilman and unanimously carried, Resolution 74-90 amending rules of the Assessment Appeals Board was adopted and the Chairman was authorized to sign. Mr. Blackstock expiar'i-ned-this rule change. At the present time, when an individual requests a transcript of a hearing, he must pay for the o riginal and one copy. This change will be that the applica~.~"will pay for the original and one copy for the Clerk and one copy for his own file. Mr. Blackstock also explained the change in the rules regarding pr~remptory challenge of board member. They have deleted this challenge and a member must be challenged for cause under the new rules. Procedure to be followed explained and discussed. 74»995 DISCUSSION.: HEARING OFFICER FOR ASSESSMENT APPEALS Mr. Blackstock said at this time he would like to discuss the matter of the hearing officer for the assessment appE als. There has been a recommendation made by the Assessment Appeals Board as to haw the hearing officer operation should be handled. The Chairman would delegate to the members and the alternates the matters to be heard by a hearing officer, providing this Board appoints all the Assessment Appeals Board members as hearing officers. They fee]. the matters could be heard more promptly. Matter discussed; no action taken at this time. Page $0. July 2, 1974 July 2,1974 74-9g6 APPEAL FILED BY BFATRTCE B. WALKER, CHI CO ON PLANNING COMMISSION DECISYON Bettye Blair, Planning Commission, reported on the appeal of Beatrice B. Walker, Chico, on a permit and rezoning for mobile home park on Bell and Alamo Roads. She said this was a dead issue and no action need be taken by this Board. 74-997 APPROVE TENTATIVE PARCEL MAPS RECOMMENDED FOR.APPR(}VAL On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the following tentative parcel maps recommended for approval by the Planning Commission were approved, subject to the conditions and with the note that negative environmental impact reports were filed: honed S-1 CHERRTLL SMITH,... AP 36W25-~.0,. 4 lots, off east .. side of Pacific Heights Road, south of Marysville- Baggett. Road, south of Oroville. Engineer:. Kendall Engineering. ' 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 Commissiof~. The Subdivision Committee and the Planning Commission recommends approval of the tentative map, subject to the following condi- tions: 1. Provide non-exclusive easement of 60 ft. as indicated. 2. Indicate a 50 ft. building setback line measured from the centerline of provided easement. 3. Verify legal access and right to use. 4. Construct access to "RSA-LD2" standards as required by the Butte County Department of Publa,c Works. 5. Provide maintenance agreement for the access road. 6. Verify that~the subject parcel was legally created prior to Mareh 4, 1972. 7. Existing well sites to be located on the map, 8. 150 ft. radius of seepage free setback from above specified wells. A Negative Declaration regarding Environmental Impact wa_s filed with the Co~znty Clerk ox~ ~'une 5, 194. . Page 81. July 2, 1974 ~~f~~~~~ed AW ~ IBR H~~, ~5~°~~°~.~3~, ~ .ots, x3c~r~:h side of Hupp Coutolenc Read, east of Paradise-Stirling Hwy. , DeSabla. Su~rveyar: John 1nT. Hamby. Pursuant to the requirements o~:.Section 20, 3. of the Butte County Code, the tentative~psrce~ ip.of the above property has been reviewed by the ~utEe~Gouaty Subdivision Committee and the Planning Commi~'~~.on. . The Subdivision Comm~ittee,,and the.~P~~nninq Commission recommends approval of the tentative map~:-SUbjeCt to the following condi- tions: 1. Verify that the subject parcel mas;~.egally created prior to March 9, 1972. 2. Verify legal access and right; to use. 3. Provide traversable-access to each parcel. 4. Indicate a 50'ft.~septic tank free setback line, measured . from both .sides of the centerline of the drainage Swale. A Negative Declaration regarding Environmental Impact was filed with the County Clerk on June 5, i97~4. NOTE: This proposed land division~is located within the Magalia- DeSabla Watershed~Area.ovex which the Planning Commission has .... :~nx.t~.ated .rezoning- .to a 5 acre ~in~n.m seize parc~~. zone. ............. Zoned A-2 DAV2D V. MORRI, AP 25-24-40,4 lots, east side of Power House Hill Road; north of Palermo Road, Palermo. Pursuant to the requirements of 5~ction 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 condi- tions: 1. Deed to the County of Butte 30 ft. right-of-way measured from the centerline of Power House Hill Road. 2. Indicate 54 ft. building setback line measured from the centerline of Power House Hill Road. 3. Combine parcels 2, 3, and ~. ~.~ ~tegat~.v~ ':~E?C. ~ arata.on rec~~:cding ~;n~'ironm~n-~~.1 r~i-~h tae Cnun~y Clex'k on ~u~€~ ~,, x.°74. ,._ Wage 82. ir!~r~ac~ was filed Judy 2, I97~+ __~. W-==-____---~~Y=2~19Z4=_==_~_-._-____-_ 74-998 DISCUSSION: RECOMMENDATION OF PLANNING COMMISSION TO REIMPOSE THE "TM" INTERIM ZONE TN THE MOUNTAIN AREAS NOW UNDER STUDY BECAUSE OF THE PROLTFEROUS LOT SPLITTING (CONTINUEb FROM JUNE 25, 1974) Mrs. Blair set out the recommendation of Planning Commission to reimpose the "TM" interim zone in the mountain areas now under study because of the proliferous lot splitting. She set out the ai^eas that would be involved. it was County Counsel's opinion that the Board not reimpose this interim zoning. Matter discussed; no action taken. 74-999 COUNTY COUNSEL DIRECTED TO WORK TO AMEND THE A-2 ZONES TO CONFORM WITH THE GENERAL PLAN Supervisor McKillop suggested that the Board consider the A-2 zones and zone out the ones that do not conform. He felt that County Counsel and Planning could come up with a recommendation regarding these A»2 zonings. Suggestion discussed. It was moved by Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried that County Counsel work with Planning Commission to amend the A-2 zones to conform with the General Plan. 74-1000 BOUNDARIES OF INTERIM ZONE WITHIN SIERRA DEL ORO, FIR NAVEN AND PARADISE PINES TO BE RE-DRAWN Supervisor Cameron stated that there were people present in the audience that would like to discuss the boundaries of the interim zone that was adapted by this Board at their regular meeting held on June 18th, 1974, within the Sierra Del Oro, Fir Haven and Paradise Pines Subdivisions. Apparently when this interim zoning was adopted, the commercial areas should have been deleted, but instead they were included within the description of the boundaries of this district. It was suggested that the ordinance could be amended to exclude the commercial locations. Bettye Blair said she would need a definitive area of what the Board was talking about. The residents urged that the Paradise Pines Plaza be excluded as a commercial area. Chairman Madigan opened the discussion to the audience at this time. Appearing: 1. Sam Fortino, representing Paradise Pines. He spoke regarding the way the interim ordinance hr~d been adopted. He felC the Board should have notified the people in that area prior to adapting the interim ordinance. 2. Ralph Beemer, he spoke on behalf of the residents of Sierra Del Oro. 3. Raymond Jarrard, Paradise Pines. He requested that the commercial locations in Paradise Pines be returned to the A-2 zoning and in this way the County would;~~a~e-more control over the uses of the property. He said the company resents having their hands tied on normal development and use. They feel there is a need to have more businesses up in that area. 4. Bi11 0livedo, Sierra Del Oro. He said the people within, this area did vote to have Mr. Beemer represent them. 5. Mr. Jim De l,a Vergne, Fir Haven. He said he helped organize the Homeowners Association. He asked why the Board had not excluded and made an exception of the commercial property. Supervisor Cameron told him that it was an oversight. Skyway Plaza discussed. A-2 zoning discussed. Page S3. July 2, 1974 6. Mr. Charlie Fitzsimmons, president of the Paradise Pines Association. He said the people up in that area want the Paradise Skyway Plaza included in the commercial zoning. He feels that the area should be planned now and requested that the Skyway Plaza be excluded from the interim coning, 7. Bill Averell, Paradise Pines Unit• 8. Willie Chenowith, Upper Rfdge Council. He feels that the interim zoning is the best route to go but that the commercial locations being zoned at this time was merely an oversight. Supervisor Ladd said that in the interest of saving time, maybe the Board could discuss the matter at this time. He said it was not the Boards' intention to place the comx~ercial locations within the interim zone. County Counsel stated that there was a misunderstanding about the area that the inter~.m zoning would cover. Another ordinance will have to be published to cover the area that should be covered. Planning Department will have to prepare an amended description setting out the areas to be covered and deleting the commercial locations. Mrs. Blair e~cplained how the description would be handled. Others appearing: 1,~airlle"Cummings, Sierra Del Oro, a member of the property owners association, and Del Geddis, representing Larwin Company. Chairman Madigan closed t~~discussion to the public and confined it to the Board. It was felt the commercial locations should be deleted from this interim zoning. The area from the,~nction of the old and new Skyway and to tierminate at Rosewood on the old Skyway, about 660 feet on each side of the old Skyway, would be considered commercial. The zoning will not include any of the residential lots. The commercial location would be 6b0 feet, east and west of the centerline of the Skyway, and excepting the residential lots within the Paradise Pines Subdivision. On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, the action taken on June 18th, 1974, concerning the boundaries delineated in the interim zone, as set out in Ordinance No. 1459, were not the correct boundaries, said action will be amended to re-do the boundaries of the interim zoning, which would exclude the commerc~~r} IaCAtiOns and that it is the ~#:rcent of -this 'Bo~efi"~^`-[d Have -this back on the ~ agenda for actian next week. 74-1001 APPEARANCE: MR. ROGERS, REQUEST FOR PERMISSION TO SECURE UTILITY PERMIT: REFERRED TO PUBLIC WORKS DIRECTOR Mr. Rogers stated that he has property on Big Bend Road. He had applied in February for a septic tank permit and it was approved. He has done everything now that needs to be done on the property. He applied for a County permit and at this time, he was advised that there was a freeze in that area on permits. He used a generator on his property but it has now stopped working. He is asking the Board if a permit amld be issued so he can be hooked up to P. G, & E. service. He has a trailer on the property and he would like to be hooked up to the utilities. Supervisor McKillop said he called the P.G. & E. in Oroville and they told him that if he had live stock, trees, etc. the man could have his utilities hooked up for agricultural purposes. This man's livestock needs to be watered. Supervisor McKillop felt there should be some way that this man could receive help. Mr. Castleberry said that with the Boards permission, maybe Public Works could make soma exceptions. This man has been honest and they would like to do something to allow ~~'~:m_ta--have his utilities. Page 84. July 2, 1974 _ _ _ _ _ _ _ ~ _ _ _ _ _ _ ~J~ l~r 2, =147 _ _ _ -, ~ _ _ _ _ .- T _ _ _ _ _ _ On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, the Roger utility problem was referred to Clay Castleberry, Director of Public Works, with the authorization to do all he could to help this man solve this problem. RECESS: 12:10 RECON~7ENED: 2:00 p.m. 74-1002 CONTINUATION OF PUBLIC HEARING: BUTTE COUNTY PLANNXNG COMMISSION INITIATED REZONE FOR THE LAKE MADRONE AREA FROM A-2 {GENERAL) TO TM AND TM-5 {TIMBER MOUNTAIN} ZONES. The public hearing continued from June 11, 1974 on the Butte County Planning Commission initiated rezone for the Lake Madrone area from A-2 (general) to TM and TM-5 (timber mountain) zones was held as continued, Supervisor Ladd said he was confused as to why this had been continued. Betty Blair handed out excerpts from the Planning Commission with their recommendation. The Planning Commission went along with what they had recommended before and disagreed with the Boards recommendation. Time spent discussing the one-acre parcels in this zoning. Supervisor Ladd felt that if there was need there could always be a map. Inundation discussed. Supervisor Gilman was concerned about the innocent buyer. The Planning Commission did not think that it was proper to change the zoxting to 1'M-1. Supervisor McKillop felt the Board should wait until the A-2 zoning is changed to fit the TM areas. Mrs. Blair read to the Board the uses permitted in the TM zoning. She explained that it is quite an undertaking to redo the A-2 just to fit the TM area. Supervisor McKillop felt that it would be worthwhile. On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, the Board continued the hearing until July 30th, 1974 for consideration. RECESS: The Board recessed at 2:25 to go into an executive session. RECONVL~TED: TheBoard reconvened at 3:50 p.m. following an executive session, 74-1003 APPOINT MILAN VEIN AS PARADISE CONSTABLE On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, Milan Vein was appointed as Constable of Paradise, to fill the unexpired term of Constable Thomas, and the Auditor was requested to meet with Constable Vein and have all the transfers completed for this office. 74-1004 APPOINT CHET RAMSEY AS HEARING OFFICER On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, Chester Ramsey was appointed as Hearing Officer far the Assessment Agpeals Board for the 1974-75 year. 74-1005 DISCUSSION: CHICO CITY-COUNTY LIBRARY SITE Time was spent discussing the Chico City-County library sites. It was felt that these sites could be further discussed at the Chico-County meeting to be held on July 30th. Supervisor McKillop said that when the site tour was made in Chico, he was under the impression that the site on Valiombrosa and the one Page 85. July 2, 1974 _________________July=2= 1974=s_==__~.__~_____ on Palmetto were to be appraised and the figures presented to theBoard. Mr. Nickelson said he would get started on this right away and will keep the Board informed. No action taken at this time. 74-100 6 INTENTION TO PURCIiASE REAL PROPERTY, PARADISE LIBRARY SITE ON CLARK ROAD The hearing on the intention to purchase the real property for the Paradise Library site on Clark Road was held at this time, as advertised. There were no written objections filed and no one appeared in opposition. Supervisor Cameron suggested that the area be interim zoned to allow this library to be built an this site. County Counsel suggested that the Board not do this; they should go through the process of ~~~uring a use permit. It would be better for the Board to comply with the County's own ordinance. On motion of Supervisor Cameron, seconded by SupervisorMcKillop and unanimously carried, the purchase of real property for the Paradise Library site on Clark Road was approved; granting of the use permit, subject to the conditions, was approved, and thaC a title insurance policy be provided by the seller. Supervisor Cameron said he could see no reason why an architect's agreement could not be prepared for this project. The agreement would be between the County and Mr. Thomson, architect. Agreement discussed. On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, County Counsel was authorized to prepare a architect's agreement with Mr. Thomson, setting out the casts for said work of preparing plans for the Paradise Library. 74-1007 MATTERS PRESENTED FOR DISCUSSION Supervisor Ladd read the letter prepared for CSAC concerning the Manpower Council. The letter was addressed to Richard Watson, executive Director, CSAC, and concerns representation of local officials on the manpower council. Copies of the letter will be sent to the Legislative representatives of the County. Mr. Nickelson reported that there will be a report on ambulances at the City of Chico Council meeting this evening. Supervisor Gilman asked what they plan to do about the ambulance operator. Matter discussed; no action taken. ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 4:15 to reconvene on Tuesday, July 9, 1974 at 9:00 a.m ATTEST: CLARK A. NELSON, COUNTY CLERK By: ~ airman of the Bo d Board of Sup isors Clerk Page $b. July 2, 1974