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HomeMy WebLinkAboutM072374July 23, 1974 STATE OF CALIFORNIA COUNTY OF BUTTE SS. The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Cameron, Gilman, Ladd, McKillop and Chairman Madigan. Clif Mickelson, Administrative Officer, Dan Blackstock, County Counsel and C1 ark A, Nelson, County Clerk by Margie Catt, Board of Supervisors Clerk. Pledge of allegiance to the Flag of the United States of America 74-1097 APPROVAL OF_ MINUTES On amtion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried,-the minutes of July lb, 1974 were approved as mailed. 74-1098 OOMMUNTCATIONS Elroy W. Avril, Magalia. Mr. Avri1 writes in support of the fire station z~~ ~ ~ p in the Paradise Pines area. Information. To be placed in file concerning this issue. Alice A, Jewett, Magalia. Petition is filed for variance to provisions of Sections 19-10 and/or 19-12 of the Butte County Code, for property // `' .~ ~ located on Nimshew Ridge Road. Health -epartment approval is attached. Set for hearing on August 13, 1974 at 2:00 p.m. County Superintendent of Schools. Superintendent files certification of funds required for special education programs for 1974-75. These are ~ O Z .~ ~ physically handicapped, mentally retarded, severely mentally retarded and development center. Referred to Auditor. Durham Recreation and Park District. The -istrict files notice of election ~ b g Q C of three directors to the District and consolidation with the General Election is requested. Referred to County Counsel to prepare resolution consolidating ali of these districts with General Election. Far Northern Regional Center for the Developmentally Disabled. Center writes in support o£ the application by the Butte County Association for the 0 L . L S~ Retarded for revenue sharing funds. Referred to Revenue Sharing Committee. State Controller. The Controller sends copy of communication to all county ' O ~' O O auditors regarding reimbursement for costs for the November 6, 1973 Special Statewide Election. Auditor to handle the billing in this matter. Albert H. and Nicea A. Lindquist. Petition is filed for variance to provisions A ' 3.~ Z of Sections 1910 and/or 19-12 of the Butte County Code, for the property located at 2760 Louis Ave., south of Orovilie. Hearing set for August 13; 1974 at 2:00 p.m. //3.Os Phillip C. Houx, attorney at Law. Opposing the utilization of the land research unit. To be discussed later in the meeting. Air Resources Board. Conditional approval of subvention application. To 3 Z ~'~ ~ be discuased during budget sessions. Petition from residents of Chico requesting that signal lights be installed O O ~ G at the intersection of East 9th Ave, and Mangrove Ave., Chico. Clay Castleberry, Director of Public Works, reported on this petition. There have been accidents at this intersection. They will start the Page119. July 23, 1974 ------------==-=suly=23,=1474=====___ =_----___- planning of this installation; they might be able to find some funds to do the work in the future. He will answer the leaders of this petition informing them of what they plan to do in the future. ~~ 3 G 0 Margaret and Harry Hultzman. They .protest the establishment of a saw mill on Cohasset Road. Read; no action taken. Nor Cal Cablevision, inc. Appeal of decision of Butte County Planning Commission of 0~~'S application for a use permit. Set for hearing on Tuesday, August 27, 1974 at 2:00 p.m. Tom Smith. Request for a 4-way stop at intersection of Pomona Avenue and +f 0 D,0 C Third Avenue, Oroville. Referred to Clay Castleberry to forward to the City of Oroville. Letters to the Board concerning the use of Revenue Sharing monies for the S Butte County Association for Retarded from Richard Engle, John S. Foster ~ Z ~ Z and Joy Hellmann. To be discussed during budget sessions. 74-1099 REPORT BY DISTRICT ATTORNEY CONCERNING THE UTILIZATION OF THE LAND RESEARCH UNIT Kenneth Leach, District Attorney, reported on the possible utilization of a land research unit. He set out the basic things that lead him to agree to this unit. He has felt that land use regulation and planning is a very important matter in this County. It was his feeling that if the County was going to have a land planning regulation use type approach, the place to do it was through the Planning Commission and this proposed unit was the way to handle it. He concurred with the recommondation for the establishment of the unit. There are some really important policy directions that this Board must make and guidelines to follow will have to be set up. It was his feeling that this would be the reasonable approach to the solving of this problem. If Che Board sets down some aims and goals, this unit should work well for the County. Supervisor Gilman said he shares Mr. Leach's concern. The Board is not interested in any action against an innocent third party. Some of the land transactions should be investigated. Supervisor Gilman asked Mr. Leach that instead of establishing a County addition, maybe the County should go on a fee basis. There are some competent people that do this type work every day. There are title research people and maybe the Board could contract with them. Mr. Leach stated that what the Board was trying to do was develop infarmation. The Board can show the people of this County that they are doing something constructive. He stated that the guidelines will be difficult to formulate but it can be done. Supervisor McKillop felt that the Board should adopt the guidelines and the policy first before the unit is set up. Chairman Madigan suggested that the Board could adopt the guidelines of the State. Mr. Leach stated he could talk to the people in the Attorney General's office. Chairman Madigan suggested that maybe someone from the State Reai Estate Commissioner's office could appear before the Board on a Tuesday to discuss State enforcement policies. Tt was felt that if this person could speak to the Board, the Board could then formulate some guidelines to follow in this matter. Chairman Madigan requested that Jim Lawson, Planning Director, contact the State deal Estate C•ommissioner's office and determine when a representative could appear before the Board. County Counsel will work with Mr. Lawson on this. No action taken at this time. Page 120. July 23, 1974 _ _ _ July 23,, 1974 74-1100 COMMUNITY ACTION AGENCY GOVERNING BOARD: APPROVE APPLICATION FOR FUNDING FOR_FOURTH QUARTER The application for program funding for the fourth quarter 1974, October 1 through December 31, 1974, has been a pproved by the Economic Opportunity Council. Nadeen West reported on the application. On motion of SupervisorMcKillop, seconded by Supervisor Gilman and unanimously carried, the application for funding for fourth quarter was approved and the Chairman was authorized to sfgn. 74-1100 ITEMS DECLARED SURPLUS PROPERTY: ADDITIONAL AUCTION TO BE HELA ON SURPLUS ITEMS Several departments have filed requests for the Board to declare property surplus as the items auch as vehicles have been replaced and others are inoperable or unserviceable. All items have been reviewed by Purchasing Officer. Clif Nickelson, Administrative Officer, said the auctioneer £or the hospital items has agreed to cry an additional auction on Saturday for the surplus items listed,_ This would cover about 39 automobiles and trucks; some of the Sheriff's items will also be auctioned and there is an estate that will be auctioned. He requested that the Board authorize this auctioneer to conduct the auction. On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, the following items were declared surplus and the Purchasing Officer was authorized to dispose of said articles, and an additional auction was authorized to be held following the hospital auction to dispose of the various items: Auditor-Controller Underwood Adder 10 Key, Inv. 2688 Marchant Calculator, Serial No. AB10FA-•540685 Chair Steno Wood, Inventory 03432 Burroughs 9-Column Adder, Serial No. 488102 Agricultural Commissioner 1964 Ford Pickup, County Unit I67 Central Services 1969 Chev. 4 dr. sedan, Car ~k278 1967 Ford Sta. Wagon, Car ~k226 Animal Control 1969 Chev. Pickup6 Cyl. C5149Z843790 Sheriff-Coroner 1972 Dodge sedan, DK41M2D187315 1972 " " DK41M2D1893I9 1972 " " Dk41M2D189314 1972 " " DK41M2D189318 1972 " " DK41M2D189311 1972 " " DK41M2D189310 i972 " " DK41M2D189312 1972 " " DK41M2D189316 1972 " " DK41M2D189313 1969 Chev. Sedan 1546990033234 1969 " " 1546990034159 Planning Dept. 1967 Ford Sedan, County Car ~k240 Auditor Chair Steno Metal Upholstered, Inventory 03405 Public Works Chain hoist Yaie 2 ton spur-geared block ~~ ~~ n n Cable or rope hoist Electric Motor Reliance Bow Ramp winch lfl hp. Fairbanks Morse elect. motor GE repulsion and induction motor - - Tri-for grip hoist, cable type Yale chain hoist July 23, 1974 Page 121. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ju 1y~23 , =1974 - _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ Public Works Vehicle 4~5, 1965 Chevrolet 1/2 ton 2, 1965 Chevrolet ~ ton pickup 12, 1966 Chevrolet ~ ton pickup 23, 1953 Dodge ~ ton pickup 53, 1965 Ford ~ ton pickup 71, 1960 Chevrolet panel truck 11, 1966 Chevrolet four-door sedan 74-1101 DISCUSSION: _._PLACEMENT OF JUVENILE HALL DETAINEES A report has been prepared concerning the need to make out-of-county placements because of overcrowded conditions at Juvenile Hall. Placements discussed. It was felt that the transportation would be expensive. Mr. Mickelson stated that the Probation Officer advises the County is in violation because of the number of youths being:-placed in the Hall. To lessen the possibility of misfortune, there should be some extra help out at the Juvenile Hall during the construction time. Discussed the use of the wing in the County jail for the retention of youths. It was suggested that as long as the youths are isolated from the adult prisoners, maybe the wing could be used. County Counsel stated that there are problems with this use; he will study the situation and will report back to the Board. Supervisor Ladd stated the wing has been utilized. in the past on isolated situations. Maybe on a temporary basis, white the construction of the hall is going on, the wing at the jail might be able to be utilized. It was stated that there is a crisis home. It was suggested that there might be some way that the County could have a foster home care for some type of youths. Mr. Blackstock will do some research and see if the County can use foster home care for the non-violent cases. No action taken at this time. 74-1102 APPROVE AGREEMENT WITH SHASTA COUNTY FOR PRISONER CARE On motion of Supervisor Gilaan, seconded by Supervisor Ladd and unanimously carried, the Board approved ratification of past actions and approved the agreement with Shasta County for prisoner care and authorized the Chairman to execute the agreement. 74-1103 FIRE PROTECTION AGREEMENT: APPROVE PAYMENT OF OVERTIME FOR FIRE FIGHTERS TO JAN. 1, 1975_ The amendment to the fire protection agreement was discussed last week and Mr. Rackerby was asked to report on personnel and BERS matters. Mr. Rackerby said he has done some research on this. The issue was brought up by the Auditor that there.-was a cheaper way to getting fire protection. Mr. Rackerby reported on how the matter could be handled. The fire fighters hours could be reduced and the rate maintained. The State Personnel Board has reduced the hours to 60 hours per week. Pa?oblem of payment of overtime discussed. Mr. Rackerby stated this was regarding the payment to the seasonal fire fighters. These fire fighters do not work after the rainy season starts. After January 1, 1975 the County will know what the Federal regulations will be concerning the fire fighters. Time spent discussing the payment of overtime to January i, 1975. The State does not want to schedule overtime on a routine basis. They anticipate problems in this area. Page 122. July 23, 1974 '-__ __-----------Ju1y_23,_1974_---------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, the Board moved to go to overtime for fire fighters to January 1, 1975 and that the intent would be to find out the intent of the Fair Labor Act and have direction by January 1, 1975. On motion of Supervisor Ladd, seconded by Supervisor Cameron and unanimously carried, the amendment to the fire protection agreement was approved and Che Chairman was authorized to sign, subject to the approval of the Auditor and County Counsel. 74-1104 ADOPT RESOLUTION 74-9b ESTABLISHING REIMBURSA$LE EXPENSES FOR VOLUNTEER FIREFIGHTERS Mr, Rackerby reported that under the Fair Labor Standards Act, the volunteer firemen are to be considered county employees. Salary payment to these firefighters discussed. On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, Resolution 74-96 establishing reimbursable expenses for volunteer fire fighters was adopted and theChairman was authorized to sign. RECESS: 10:20 RECONVENED: 10:35 74 1105 REPORT _ Mlt.. MERCER CONCERNING THE CLOSING OF CHERRY AVENUE OFF LARKIN ROAD Mr. Gene Mercer, Secretary-Butte County Fish and Game Commission, reported to the Board concerning the closing of Cherry Avenue off Larkin Road. He went down and looked at the roads. The Commission is opposed to closing Cherry Avenue; once this road has been taken from the public, it would cause trouble to re-open the road. He has a copy of the litter from Mr. Johnson; they would like to close V7alnut, Almond and Cherry Avenues. Closing of Cherry Avenue discussed; no action taken. 74-1106 APPROVE SUMMER PEP PROGRAM GRANT Surplus PEP funds are available from the State of California to create summer jobs for youths and Vietnam Veterans. A total of $52,000 is available to pay wages and benefits for summer workers. Mr. Rackerby explained this grant to the Board. On motion of Supervisor Cameron, seconded by Supervisor Ladd and unanimously carried, the summer PEP program grant was approved and the Chairman was authorized to sign. 74-1107 BUDGET TRANSFERS APPROVED Budget transfers discussed. Mr. Nickelson stated that the Reserve fund was attacked pretty heavily this year by transfers. Transfers for salary increases took a great deal out of the reserve; this year the salary increases are included within each department budget. On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the following budget transfers were approved: B-234 Auditor-Controller - Of total transfers of $152,842.75, $86,242.70 is from other accounts within the departmental budgets and $66,600.05 is from the reserve for contingencies. B-235 Health Care Agency - $1,979.56 from salaries and wages regular _ with $268.95 going ,to professional services, $106.42 to July 23, 1974 Page 123. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ duly=23,=1474 = _ _ _ _ _ _ _ _ _ ~ _ __ _ _ office expense, $72$.8$ to equipment maintenance, $145 to maintenance of structures and grounds, $708.80 to utilities, $8.30 to overtime and $13.21 to compensation insurance B•236 Public Works = $1,866.81 from various accounts in Public Ttiorks general administration and mapping budgets to cover deficits within those budgets B-237 Public Works = General Services - This covers $1,200,35 of deficit in general services budget with $1,168.17 coming from other accounts within the budget and $32.18 from the reserve 74-1108 APPROVE CHANGE ORDER N0. 1 DATA PROCESSING BUILDING Mr. Nickelson stated that there was some major electric work that will have to be done at the old library building that is being remodeled for Data Processing. The electricity will have to be cut off and there will be no electricity for the various county department offices in that area. It was felt that the request of Loyd's Electric that they be allowed to do this work on Saturday should be considered. The additional cost to the contract would be $440.00 for over time pay for the workers. Request discussed. On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, Change Order No. 1 for the Aata processing contract with Loyd's Electrict was approved, in the increasing amount of $440.00. 74-1109 PUBLIC WORKS ITEMS APPROVED: RESOLUTION 74-97-FOUR WAY STOP INTERSECTION & ADGPT ORDINANCE N0. 1469 ESTABLISHING SPEED LIMIT ON HOSLER AVENUE On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the following action was taken: i. Authorized and funded a work order for the Gridley Jail holding cell and for payment of minimcm time for plans and modification of a cell door to be installed later by the building contractor. 2. Adopted Resolution 74-97 establishing four-way stop intersection at Clark and Bi11e. Roads, Paradise, and authorized the Chairman to sign. 3. Approved the Ke11y Ridge Estates ~Jnit #3 consisting of 304 lots and accepted the offers of dedication. 4. Adopted Ordinance 1469 establishing speed limit on Hosler Avenue and authorized the Chairman to sign. 5. Approved agreement far sale for right of way acquisition, authorized Chairman to sign and authorized Auditor ko prepare warrant upon demand of County`s escrow agent on the following: Eaton Rd. Extension W. D. Fiant 1.125 $4,000 $4,000 74-1110 INFORMATION AND DISCUS5ION ITEMS: PUBLIC WORKS Clay Castleberry, Airector of Public Works, reported on the following: a) Overweight permits for agricultural use. The State of California authorized over weight permits for agricultural products. In this County there are 8 roads with bridges that will just barely take legal Loads. A trucking company has requested 78 original hand signed overweight permits. Mr. Castleberry said he felt this was a little too much. Supervisor Ladd said he would like to request that Supervisor Gilman, Page 124. July 23, 1974 _-______-_--=-===July23i 1974______________ ___ Clay Castleberry and himself be authorized to meet with the trucking company and discuss this matter, and maybe they could reach an understanding regarding the permits. Bridges within the county discussed. Mr. Castleberry stated that some of the bridges had to be shored up and they are replacing 2 or 4 bridges a year. There are still a good 30 bridges that should be replaced now. Mr. Castleberry will contact Supervisors Gilman and Ladd concerning the matter of the permits. It was felt that if someone desired an excessive amount of permits, a policy should be set. Discussed whether Mr. Castleberry should charge for these permits. No action taken. b) Report on bid opening-Lower Wyandotte Road. Bids were received from the following: Robinson $116,617.20 Teichert 127,806.50 Butte Creek 129,519.00 Mr. Castleberry stated he was merely reporting on these bids; he was not asking that the Board award the contract this week. 74-1111 ADOPT RESOLUTION 74-98 FIXING THE TIME AND PLACE FOR HEARING ON A PETITION FOR INCORPORATION OF THE CITY OF PARADISE _ On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, Resolution 74-98 fixing the time and place for hearing on a petition for incorporation o€ the City of Paradise, setting August 13, 1974 at 2:00 p.m. as time of the hearing, was adopted and the Chairman was authorized to sign. 74-_1.112 AUTHORIZE PIACEMENTS OF JUVENILE HALL DETAINEES Don Nissen, Chief Probation Officer, spoke concerning the placement of Juvenile Hall detainees because of overcrowded conditions at Juvenile Hall. The Board asked Mr. Nissen if`there was a legal reason why the area at the jail could not hold the overflow from Juvenile Hall. Mr. Nissen stated that it has been his understanding that a jail cannot be used for the detebtion of juveniles. He feels that the County will get involved with the California Youth Authority if they use"g pnrt'ian of the'jail for juveniles. Mr. Nissen assured the Board he would not use the halls in Placer and Shasta County if he can help it. Supervisor McKillop asked Mr. Nissen to ask the Youth Authority if the County could have a branch juvenile hall. at the jail. Mr. Nissen said he would report on the request of placing juveniles at the Jail. Mr. Nissen will file a report on the number of youths placed in the Juvenile Halls at Shasta and Placer Counties. On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the Soard authorized the placements with Placer and Shasta County Juvenile Halls and directed County Counsel to prepare the necessary agreements. 74-1113 APPEARANCE OF REPRESENTATIVE OF FEATHER RIVER RECREATION & PARK DISTRICT: ADOPT RESOLUTION 74-99 G12ANTING FEATHER RIVER PARK & RECREATION DISTRICT THE AUTHORITY TO EXERCISE THEIR POWER OF ACQUISITION OF PROPERTY_ BY_EMINENT DOMAIN Sonny Brandt, manager of the'Feather River Park & Recreation District, Page 125 July 23, 1974 July 23, 1974 reported on the request of the Board of Directors for a resolution that is necessary for the condemnation of property on Wyandotte Avenue. His Board has been working with the people in that area to develop a park site. The owner of the property has been contacted and they ask a price for the property that the District cannot meet. Site set out and discussed. William Dolan made an official appraisal of the property. On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, Resolution 74-99 granting Feather River Park and Recreation District the authority to exercise their power of acquisition of property by eminent domain was adopted and the Chairman was authorized to sign. 74-1114 APPEARANCE~MR. HOWARD JOHNSON, MAGALIA Mr. Howard Johnson, Magalia, spoke concerning the utilization of a land research unit. He said he agreed that there was a problem but he feels that there are same simple answers to the problem. He said he would suggest that a committee be formed; makeup of the committee set out. Recommendation of Mr. Johnson discussed. Mr. Johnson again requested that before this Board makes any move, they consider the appointment of a committee to explore all the possibilities of solving this problem. 74-1115 AFPi~QYE° TENTATIVE MP.PS Tentative maps presented £or consideration discussed. Supervisor Ladd requested that the Rivera map be deleted from the motion of approval. On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the following tentative parcel map recommended for approval were approved, with the deletion of the Benny Rivera map, with the note that negative Environmental Impact Reports-were flied, and that they are subject to the conditions: Zoned A-2 & Don Doerschlag, AP 56-28-26, 4 lots, west side S'-H of klwy. 32, north of Schott Rd., Forest Ranch. Engineer: Z9. 13. Grimes & Assoc. Pursuant to the requirements of Section 2~.3 of the Butte County CodA, th? 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 rscom*nends approval of th° tentative map, subject to the following conditions: 1. Provide a 100 ft. septic tank free setbacl: measured from the edge of the stream. 2. Provide proof of water to tze satisfaction of the Buttes County Health Dept. or place a statement on the man that there is no evidence of domestic water. 3. Verify legal access. 4. Provide traversable access. 5. Obtain the ziecessary encroachment permit from Buttu County Public works Dept. Fage 126. July 23, 1974 ---------__ __=====Jul.~~~~=1474=====__________ 6. .Provide a maintenance acrr~~m~nt for t=`ze road. 7. sui.ld a cul--ae-sac ~zt the end of tza road. 8. Provide anon-exclusive e~asemant statement. 9. Deed~tcthe the County of Butte 30 ft. right-of-o~ay measured from the centerline of Schott Road. 10. Indicate 50 ft. building setback lin~~ measured from the center- lines of Schott Raad anc7 file easement. 11. Indicate a 55 ft. building satbac'~ line m~asurad from the center- lin~ of Hcay. 32. A.Negative.DSClaration Regarding, Environmental 2mpact e7as filed with the County Clerk on June 17, 1974. Zoned S-2 Pacific Modern Homes, Inc., AP 39-24-57, 4 lots, northeast corner R4cAnarlin Ave. & Durham- Dayton Rd., Durham. Engineer: D. R. Roper 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. Tine Subdivision Committee and Planning Commission recommends approval of the tentative map, subject to the following condi•~i:ons: 1. Deed to the County of Butte 40 ft. of right-of-way measured from the centerline of Durham-Dayton Rd. and 30 ft. of right-of--way measured from the centerline of t~IcAnarlin Fve, including enough right-of-way for a 200 ft. radius curve at the intersection of Durham-Dayton Rd. and ?•.cAnarlin Ave. 2. Indicate a 55 ft. building setback line measured from the center- line of Durham-Dayton Road. 3. Indicate a 50 ft. building setback line measured from the center- line of ~~1cAnarlin Ave . Any extensive development of the property wi11 re.Ruire storm drainage. A Negative Declaration R°garding Lnvironmental Impact was filed with the County Clerk on June 24,1974. Page 127. July 23, 1974 ------------~====July23,~ 1974=====_____=°________ Zoned A-2 NFary Ellen Broc~, AP 58~ 2 lots, south side of Big Bend Rd ., east of Bather P.iver, 'north of Oroville. 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 reviewed by the Butte County Subdivision Committee and file Planning Commission. The Subdivision Committee and the Planning Commission racomm~nds approval of the tentative map, subject to the folloTming conditions: 1. Change lot linty so that the spring that serves the mobile home park remains on Lot 1 or provide an adequate easem=nt for the pipeline and around the spring (approx. 20 ft.). 2. Any area north of the creeli on parcel 2 to be a septic tank free setback area. 3. Provide a 50 ft. septic tank~~ free setback area from the cut located on Parcel 2 near the ec?uipment shop. 4. Deed to the County of Butte 30 ft. righ t-of-way measured from the centerline of Sig Band Fd. 5. Provide a drainage easement for the creel. A Negative Declaration r?agarding Bnvironmsntal Impact Baas filed with the County-Clerk on June 24', 1974: Zoned A-2 Omer E. Peters, AP 57-22-02, 2 lots, at south (RT-1 Interim} end of Troy Way, Paradise.Pines, Surveyor: Gary Lippincott 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:Committae and the Planning Commission roeommends approval of the tentative map, subject to the folloTaing conditions: i. Annexation to County Service Area No. 4. 2. Provide the Iiealth Dept. with information sufficient to meet requirements of th° Subdivision Ordinance as to the availability of water or place a statement on the fir_a1 man that there is no evidence of domestic T•.=atar. 3, Provide traversable access. 4. Reserve an easement for the creek. Page l28. July 23, 1974 5. Verify legal access. A Negative Declaration Regarding FnvironmentZl Impact eras filed vrith t'~e County Clerk oa June 24, 1974. Zoned A-2 Elsie Cunnings, AP ~8-10-109, 4 lots, both sides of Coutolenc Rd. & Neal Rd., north of blagalia. Surveyor: John W. Hamby Pursuant to the requiiements of Section 20.3 of the Butte County Code, the tentative parcel map of the above property has been reviewed by th eButt~ County Subdivision Committee and the Planning Commission. The Planning Commission and Board of Supervisors should be advised . that this division is in the PID watershed and a oortion of the area being considered for rezoning to "ThT" (hearing scheduled for June 27, 1974). Tn.a Subdivision Committee and the Planning Commission recommends approval of the tentative map, sub-~ect to the following conditions: 1. Deed to the County of Butte 60 ft. of right-of-way along Neal and Coutolenc Roads. 2. Indicate 50 ft. building setback lines measured from the center- lines of Tdea1 and Coutolenc Roads. A Negative Declaration Regarding Environmental Impact was filed with the County C1 r;: on June 24, 1974. Zoned A°R Gary Ott, AP 36-14-34 & 35, 3 lots, at end of ,Oliva Ave., southeast of Mt. Ida Rd., Oroville. Surveyor: Graves & Geddis Pursuant to the requirements of Section 20.3 of the Butte County Cods, 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 file Planning Commission recommends approval of the tentative map, subject to the fallowing conditions: . 1. Provide a minimum of 5 acre parcels, exclusive of rights-of- way, par Flealth Dept. requirements. 2. Verify legal access. 3. Provide traversable access. Page 129. July 23, 1974 July 23, 1974 --~ 4. Indicate 50 ft. building setback lines measured from tie center- . lines of the easements. S. Provide a road maintenance agreement. A Negative Declaration E?egarding Environmental impact was filed with the County Clerk on June 24, 1974. 74-1116 DENY BENNY RIVERA TENTATIVE PARCEL MAP __-._.. On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, the Benny Rivera tentative parcel map, 2 195s, west side of Dewsnup, north of Evans-Reimer Rd., Gridley, was denied, as it was felt this was good farm Land and the design was not approved. 74-1117 APPROVE TENTATIVE PARCEL NEAPS RECOMMENDED FOR APPROVAL AND REQUESTING AN EXCEPTION Tentative parcel maps recommended for approval and requesting an exception discussed. Supervisor Ladd requested that the Earl & Marjorie Roberts map be deleted from the approval. This is about 20 acres of land that is in cultivation. This is orchard and field crop land. On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the following tentative .parcel maps recommended for approval and requesting an exception were approved, subject to the conditions, and with the note that negative Environmental Zmpact Reports have been filed: Zoned !~T-! Doris E. Taylor, Al' S~°192-13, 3 lots, east side of Libby Rd., opposite Keller Ln., Paradise. Surveyor: Gary Lippincott 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 Pla.nnirg Commission recommends denial of the tentative map, which does not meet the requirements of the Subdivision Ordinance for access. The applicant is requesting an exception to allow 20 ft. of access. If the exception is approved, the followS_ng conditions are recommended: la Verify legal access. 2. Construct the access easement to RS8 standards. 3. Provide a non-exclusive easement statement. ~. Indicate 50 ft. building setback lines measured from the centerline of Libby Rd. s. No further division of Parcel 3 until 60 ft. of access is provided. Page 13D. Juiy 23, 1974 July 23, 1974 A Negative Declaration Regarding Environmental Impact was filed with the County Clerk on April 8, 197. zoned A-R Frank Furman, A,P 34-03-117, 3 lots, southeast' side of Putman Drive, past of Plumes Dr., Oroville. Engineer: Kendall Enginspring Pursuant to the requirements of Section 20.3 of the Butte County Code, tae tentative parcel may of the above property has been reviewed by the Butte County Subdivision Committee and the Planning Commission. Th° Subdivision Committee and the Planning Commission recommends approval of the tentative map, sucject to the follocainq conditions: 1. All parcels to be a minimum of 5 acres, exclusive of rights-of- way . 2. Verify legal access. 3. Provide traversable access. 4. Provide a maintenance aqr°_ement for the road. 5. Provide a cul-de-sac at the end of the road. 6. Provide a non-exclusive easement statement. 7. Deed to the County of Butte 30 ft. right-of-way measured from the centerline of Putman Drive. B. Show Parcel A on the final man. A Negative Declaration Regarding Environmental Impact was filed with the County Clerk on ,Tune 17, 1974. The Bette County Planning Commission, at its meeting held July 11, 1974, granted an exception to Condition #1 - Health Dept. requirement for a minimum parcel size of five acres, exclusive of rights-of way. 74-1118 DENY EARL & MARJORIE ROBERTS TENTATIVE PARCEL MAP On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, the Earl & Marjorie Roberts, tentative parcel map, 4 lots, east side of french Ave., north of Evans-Reimer Rd., Gridley was denied on the grounds that it is not consistent with the General Plan. 74-1119 APPROVE ONE TENTATIVE SUBDIVISION MAP RECOMMENDED FOR APPROVAL On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, the following tentative subdivision map recosm~nded for approval was approved, subject to the conditions, and with the note-that a negative Environmental Impact Report was filed: Page 131. July 23, 1974 _______________ Julg23=1974=====________==_= IiAGENRIDGE RANC~IETTES T°ntative Subdivision Map 1H lots, southeast & southwest corners K~efar P.d, & Ricks Ln., north of Chico. Owner: E. Jack Hagan Engineer: C. T~•T. I3aC:ln:dn R. 4, Lev 525A Chico, CA 95925 ZonYd: A-2 Pursuant to the requirements of Section ?.0 .3 of firs Eutte County Code, the tentative subuiviaion map of Fiagenric~ge P.anchett°s has been reviewed.l~y the liutts Countll subdivision Committee and the Planning Comzrission. The Subdivision Committee and Planning Commission rocoramands ap?~roval of the tentative man, subject to tze follo~ai.zg conc'..i ti ens 1. Dead 60 ft, of riglrt--of-way to th° County of: Putts along Hicks Lens, curve a1i gn,,,ent to i~a on 39~ ft. rae;ii. 2. Dssc: to t;ze County of Butt~a 30 ft. ri~l'_?t-~of-~aaj r!easurec' from th8 CSnt~rll. ile Uf i:?,i'-_'r ^QaC i:1C1l1Clin('~ 3~ ~{" )"r::. Clit15 r~tL3 r?J. at in tarsect:.on of hicks Lane: anc? I:=_afar ?'oac. 3. T?oServ~ ail aas_m::nt for ;{ash:-r Sloan?-r. 4. Sho?•r tea areas subject to inun~ation. 5. indicate a 50 ft. septic tank free setback ar=a on both siciss Of the t~raiIlag~~ C22ani??1, ?%1??SUrvC', fY.O^ the =?C.C•'a. 6. On Lets 6 anc_ 10, o:. t.zv final r?a•~ s~io".v ,....~ ;:,.-~a .7at.aren t11 Cl"lanli? 1 d31c4 Ll~ roaC~ c.~ ;~° Z 1". CJ r ;, ~rV"= ~^.r '.~ ~Si:; g ~- c ]_S?JOgal . 7. L\Ot O:1 th:-_ ir.'lIiai :tiaj_% t:lclt O:? i~Q"i`.S 7r n ~~ ~lr t.;~ ..~t'7aQ= (:.13pOSa1 System t0 ,7e i~ t0 i~:. _:l:.ita.:'_.~Ci t0 t';"1^ ~1!~rt=1 an'u W ~t Of th cianne 1. H. I~.ny sewage lies crossing t:?e ci~annel, to ;~<: a°~provac, by Pu;~lirc tisor:s anc health '_;spartr?ents . - __ ~. 73i~andon and fill the well on Lot 6, Der rec~uirpments of thY health Dept. 10. On Lots 1 through 5, c?esic7nat~ the ar°as on the final map, to tize satisfaction of the Health Dept., shos~irg the locations of the sewage syst?ms anu on t':ze lots with s=epags pits, show an aria of 150 ft. ~~.Zare wells twill not :~e a1lo:aed. (See litter from Chico UnifiLc School District) A NTgative Declaration ;°.agarding Ervironznantal Impact was filed with ti?~ County Clsr}: on June 24, 1974, Page 132. July 23, 1974 July 23, 1974 74-1120 APPROVE PROCEEDING WITH ACQUIRING USE PERMIT FOR THE PARADISE LTBRARX SITE Supervisor Ladd said that there is a problem concerning the library site in Paradise. One of the conditions is that the~ounty obtain a use permit. Discussed the acquiring of the use permit. The committee felt the county should proceed with the zoning of the site to public~quasi public. The property would have to be zoned under a interim procedure and then proceed with the permanent zoning. Or the County could apply for the use permit. County Counsel felt that Public Works should make application for the use permit. Procedure to follwra to obtain the use permiC discussed. Time spent discussing how the problem should be handled. Mr. Lawson showed a plot plan that he had prepared. Supervisor Cameron felt that the use permit method was the best way to go at this time. On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the Board authorized Public Works and Planning to proceed with the securing of a use permit for the Paradise library site. 74-1121 AUTHORIZE THE RETAINING OF ARCk1ITECT TO PLAN PARADISE LIBRARY BUILDING Supervisor Cameron felt the Board should discuss the architect's contract for the Paradise library at this time. It was discussed whether the Board wanted to set a maximum amount for khe building or to have the architect come up with a proposed size and with a figure for t°~e~costs of the building. It was discussed whether a committee should be set up that would be in charge of taking matters up with the architect regarding the Paradise library building. The architect then would take instructions only from the committee. Costs and size of the proposed building discussed. Supervisor McKillop did not think the building could be built for less than $400,000, which would include the architectural contingency fee. $400,000 was set as the maximum cost, with a building to be consisting of 10,000 square footage. Chairman Madigan appointed Supervisors Cameron and Ladd to be on the committee as advisors to the architect. On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, anarchitect was authorized to be retained to design a Paradise library building consisting of 10,000 square feet; that the total amount of money to be expended for said building be $400,000, which includes Che architecC's fees and contingencies, and that the building be designed for future expansion, said architect's agreement to be subject to the approval of County Auditor and County Counsel. 74-1122 APPROVE THE APPOINTMENTS TO BUTTE COUNTY MENTAL HEALTH ADVISORY BOARD On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, Albert W. Nielson,.-ti.D, and Edward Abramson, Ph.D. were appointed as members of the Butte County Mental Health Advisory Board. 74-1123 COUNTY COUNSEL DIRECTED TO PREPARE RESOLUTION ALONG LINES OF MARIPOSA COUNTY: REDESIGNATION OF EACH COUNTX AS A SUBSTATE DISTRICT Resolution of County of Mariposa concerning redesignation of each County as a substate district discussed. Supervisor Ladd said he had read the resolution and concurred with it; Supervisor Gilman also concurred with the resolution and felt the Board should adopt a resolution along the same lines. Page 133. July 23, 1974 _ _ _ _ _ _ _ _ _ ____ _ _ _ _ __Ju1y_23, =1974 = __ _ _ _ - - - -- -- - - - - On motion of Supervisor Ladd, seconded by Supervisox1McKillop and unanimously carried, County Counsel was directed to prepare a resolution along the same lines as the County of Mariposa resolution regarding the redesignation of each County as a substate district. 74-1124 REGIONAL COUNCIL OF RURAL COUNTIES: DISCUS5I0_N_ Clif Mickelson, Administrative Officer, stated he had sent the Board members a memo concerning the Regional Council of Rural Counties. Regional Council discussed. Costs £or membership in this council are set out in the Board of Supervisors' section of the Budget. It was felt that this is a budgetary; to be discussed during budget sessions. RECESS: 12:00 RECONVENED: 2:00 RECESS: The Board recessed at 2:01 to go into an executive session. RECONVENED: The Board reconvened at 2:05 following an executive session. 74--1125 B6ZiNi~`COITiVSEL DIRECTED TO PROCEED IN COURT TO OBTAIN COURT APPROVAL OF SETTLEMENT OF THE DIAMOND INTERNATIONAL CASE AGAINST COUNTX OF BUTTE County Counsel reported that the Diamond International case against County of Butte was discussed during executive session. Dave Vasco, county auditor, made a statement to the Board concerning this matter. This case has been going on for many yeas and they have finally arrived at an agreement in the matter. Mr. Vasco felt this was a victory for the County of Butte. On motion of Supervisox~McKillop, seconded by Supervisor Cameron and unanimously carried, County Counsel was authorized to proceed in court to obtain court approval on the settlement of the case of Diamond International vs County of Butte. 74-1126 PUBLIG HEARING: BUTTE GOUNTY PLANNING COM, xNITIATED AMEND. ORD. 681 AND PROP05ING AN ORDINANCE REGULATING THE ESTABLISHMENT, CONSTRUCTION AND MAINTENANCE OF MOBILE HOME PARKS IN THE UNINCORPORATED AREAS OF COUNTX: CONTINUED 2 WEEKS The public hearing on the Butte County Planning Commission initiated amendment to Ordinance 681 and proposing an ordinance regulating the establishment, construction and maintenance of mobile home parks in the unincorporated areas of County was held as advertised. Jim Lawson, Planning Director, set out the background of this matter. This is an amendment to the old ordinance that covers the A-2 zone and the commercial zone where mobile home parks are allowed. This would make the matter of fencing permissive, rather than mandatory. Purpose of the amendment explained by Mr. Lawson. Hearing opened to the public. Appearing: 1. Mr. O'Connor, Paradise, president of the Mobile Home Park Association. The members of the association feel that they would not like the enclosures. Planning Commission had requested that they poll the whole 84 mobile home park owners. They received answers from 72 of the owners. They all oppose the adoption of this ordinance. 2. Mr. Wayne Coleman, owner of a mobile home park in Paradise. He opposes this ordinance. 3. Mr. Maurice MartinPeage 0 34ville. He opposed the ordinance. July 23, 1974 _ _ _ _ _ _ _ ______ _ _ _ _ _ July=231=1974= _ _ __ _______ _ _ _ _ _ _ _ _ 4. Mr. Louis Mewfrey, Oroville. He requested that the Board vote against this proposed ordinance. 5. Mr. Darwin Michael, President of the Oroville Mobile Home Association. He said that all the owners of mobile home parks that he contacted opposed this ordinance. Hearing closed and confined to t'..e Board for consideration. Proposed ordinance discussed. Supervisor McKillop said he felt that most of the maters set out in the ordinance are redundant and mimic the State standards. He feels that the proposed ordinance should be worked over. Requirements of the ordinance discussed. Supervisor Cameron suggested that this hearing be continued and have someone from the State present to explain the State standards and to answer questions concerning this ordinance. Dan Blackstock, County Counsel, stated that Ordinan-.e 681 was not in effect in this County. This ordinance was adopted before the Skate had set their standards, and the State has pre-empted the field: `~.~is ordinance was amended out of the County Code. Discussed having someone from the State appear before the Board. Mr. Lawson suggested that Roger Harmer be requested to appear and talk to the Board. Matter put over two weeks or at the convenience of when Mr. Harmer would be willing to appear. RECESS: 3:30 RECONVENED: 3:40 74-1127 RESCINA ACTION TAKEN THIS MORNING CONCERNING APPROVAL OF FIRE PROTECTION AGREEMENT Jerry Letson, Fire Marshal, appeared to inform the Board on matters relating to the amendment to the fire protection agreement. He stated that they do not pay overtime to the firefighters., Tf the Board's action taken this morning is firm, the division will ::eve to reduce the fire service to the County. ;'e said the action of the Board will never get across the State desk; it is not acceptable to the State. He explained the problems involved in the Board's action. This matter will be cleaned up on January 1st when comp time of€ will not be allowed and they will have to pay overtime at that time. He does not know how the firefighters will be treated at that time. SL:pexvisor Gilman said that fire protection is one of the few services that he receives; he does not want this reduction in service. Supervisor McKillop agreed that no one wants reduced servim. The firefighters: do not get paid overtime; they are given comp time off or time at the end of the season at regular pay. Matter of payment of overtime discussed. On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the Board rescinded action taken this morning and Page 135. July 23, 1974 -----__~ ~~_____ 3u1y=23,_1974_____________~~~ W approved the amendment to the present fire protection agreement as proposed by Mr. Letson, with the current staffing pattern to be determined by the fire marshal, to be effective August 1, 1974. 74-1128 PUBLIC HEARING: MR. & MRS. GEORGE GERBER, PARADISE, APPEAL OF DENIAL OF VARIANCE TO SETBACK FOR MOBILE HOME The public hearing on the appeal of Mr. & Mrs. George Gerber, Paradise, on the denial of variance to setback for mobile home was held as advertised. Mr, Lawson set out the background of this matter and explained why Planning Commission recommended denial of this variance. Original permit issued by the Health Department set out and discussed. Hearing opened to the public at this time. Appe wring: Mrs. George Gerber. She set out her reasons for appealing the denial of the setback variance by t_ie Planning Commission. She attempted to justify her reason for placing the mobile home where it is now situated. Supervisor Cameron said he had looked at the site and he questioned Mrs. Gerber concerning the septic tank site and the leach lines. Time spe nt discussing how this problem could be handled. Mr. Ferguson stared that the Health Department had talked to the Gerbers about where the septic tank should be placed and he had told them that they would be in violation. The home has been placed at a different angle than that shown on the plot plan. Hearing closed and confined to the Board. 0n motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the Gerbers were instructed to move their mobile home on to its original location set out on the plot plan and the Board granted a variance for the septic tank setback. 74 1129 SUPERVISOR GILMAN EXCUSED AT THIS TIME On motion of Supervisor Gilman, seconded by Supervisor Ladd and carried, Supervisor Gilman was excused to leave the meeting at this time. 74-1130 PUBLIC HEARING: INTENTION TO ABANDON 360 FEET OF OLEANDER AVENUE FROM THE NORTH EDGE OF 10th AVENUE TO THE SOUTH EDGE OF 11th AVENUE, CCiIC_0__ The public hearing on the intention to abandon 360 feet of Oleander Avenue from the north edge of 10th Avenue to the south edge of 11th Avenue, Chico, yam--held at this time. Jim Lawson, Planning Director, explained this request for abandonment. Supervisor Cameron stated he wants to be sure that the County is not giving away property that belongs to the people of the County. Mr. Lawson said the property would end up going to Continental Nut Company. Time spent discussing the property and how it could be abandoned. Mr. Castleberry said that if the County abandons this property, it will go to the property owners abutting it. Henry Almstead initiated the request for abandonment, as representative o€ Continental Nut. Hearing opened to the public at Chis time. Appearing: Mr. Henry Anrig, representing Continental Nut. He Page 136. July 23, 1974 __________==~==July 23,=1974 _________________ said the legal end of this matter has been checked. The property will go back to the heirs of Bidwell; Continental Nut company will pay the taxes. Hc-said this property is critical to the operation of Continental Nut Company. Hearing closed and confined to the Board. Abandanment discussed. 74-1.131 ADOPT RESOLUTION 74 100 ABANDONING A PUBLIC HIGHWAY PORTION OF OLEANDER AVE.) On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, Resolution 74-100 abandoning a public highway (360 ft. of Oleander Ave. from the north edge of 10th Ave. tv the South edge of 11th Ave., Chico) was adopted and the Chairman was authorized to sign. 74-1132 CONTINUATION OF HEAR?NG ON INTENTION TO ESTABLISH COUNTY SERVICE AREA NO. 51, CONTINUED FROM MEETING OF JULY 9, 1974 ADOPT RESOLUTION 74-101 ESTABLISH COUNTY SERVICE AREA N0. 51 The continuation of the public hearing on intention to establish County Service Area No. 51, continued from meeting of July 9, 1974 was held at this time. Clay Castleberry, Director of Public Works, stated that the City of Oroville has now acted on this matter. He set out the boundaries and the area that would be covered by this district. A proposed tax rate of .10 is being considered for this district. Establishment of said district discussed. On motion of Supervisor McKillop, seconded by Supervisor Ladd and curried; 8esaivt€an_-74-101 establishing County Service Area No. 51 was adopted and the Chairman was authorized to sign. 74-1133 PETITION FOR VARIANCE FOR MOBILE HOME SET FOR HEARING ON AUG. 6th; WESLEY G. DEAN, CHICO The petition for var~_ance to place a mobile home on property located at 5748 Ho11y Lane, Paradise, by Wesley G. Dean, Chico, was set for Tuesday, August 6, 1974 at 11:00 a.m. 74-1134 PLANNING DIRECTOR TO WRITE OPINION CONCERNING SECTION 22-2, COUNTY CODE Jim Lawson, Planning Director, read sections of County Code section 22-2. He said it was still in the County Code and that it has nothing to do with County Counsel's ruling concerning mobile home parks. He will write an opinion on this matter. 74-1135 MATTERS PRESENTED BY BOARD MEMBERS Chairman Madigan stated that Board members had all received memos concerning budget hearings. There are four department heads that want to be heard before the Board. Hearing dates discussed. Budget hearing dates set for August 1st, after the LAF~O meeting and August 2nd at 9:00 a.m. Chairman Madigan stated that all'Board members had received the announcement of the meeting in Susanville. The U.S. Forest Service will hold another meeting the evening before, on Thursday, August 8th. Supervisor Cameron asked questions concerning the acceptance of the mechanical equipment for the Butte County Library. Mr. Nickelson said that Arctic Aire was correcting the dead air problem in the"Librarians office. Acceptance put off one week. ADJOURNMENT There being nothing further before the Board the meeting was adjourned at 4:45 p.m. to recanvene on Tuesday, July 30, 1974 at 00 a.m. ~ ~~' ;; ATTEST: CLARK A. NELSON, COUNTY CLERK ~„/,~~ ~/ w d _. I By: ~ ,~fjChairman` of the Boa Boa~td of Strdisors Clerk U Page 137. July 23, 1974