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HomeMy WebLinkAboutM073074July 30, 1474 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. Fledge of allegiance to the Flag of the United States of America. 74-1136 APPROVAL OF MINUTES On motion of Supervisor McKillop, seconded by SupervisorGilman and unanimously carried, the minutes of July 23, 1974 were approved as mailed. 74-1137 COMMUNICATIONS Linda McAnulty, Palermo. Ms. McAnulty submits her resignation from the Palermo / ~ 0.~(p Community Center Board of Directors. See motion following communications. Mrs. Wallace L. Whitney, Chico. Mrs. Whitney writes regarding driving conditions c~lfjO,D ~ on Stewart Avenue and West Sacramento Avenue. - Discussed. Referred to Public Works to check out and report back. Edna J. Wright, Durham. Petition is filed for variance to provisions of Section 19-10 or 19-12 of the Butte County Code. Petition reviewed and approved by Butte County Health Department. This is a renewal application. Discussed. To be discussed at time when Planning Director is present. J. T. McGregor, Paradise. Appesi is filed regarding denial of use permit // 3.0 ~ for property on Pearson Road for a storage yard. Set for hearing on August 27, 1974 at 2:00 p.m. Emma and Walter Nelson. The Nelsons write in support of revenue sharing funds i ~ p 2.,2..5 to be allocated to the Butte County Association for Retarded, Inc. To be filed with ather requests. One Stop Auto Wrecking, Oroville. The Company has been under contract with '/~ 0.0 ~ another county and has worked with the Highway Patrol in another T county in the program for removing vehicles from highways and offers assistance to Butte County. Discussed; re€erred to Public Works for study and to give a report back to the Board. Feather Falls Development Company, Inc. Appeal is filed to draft environmental / / 3,0 0 impact report for the Feather Falls area rezone. Set for hearing on August 27th, 1974 at 2:00 p.m. Yuba-Feather Communities Services, Inc., Brownsville. Robert W. Kearney, president of the Board, writes to express their appreciation and 3 0 0~0 0 extend thanks to the Board for help and assistance in formation and development of their health care project. Information only. Albert H. Marshall, Jr. Ed. D., Chico. As Coordinator of Special Education programs at CSUC, Dr. Marshall writes in support of revenue sharing ! D Z ,`li 5 funds for the Butte County Association for the Retarded. Place in file with other requests. Page 135. July 3G, 1974 July 30, 1974 County of Tuolumne. County Counsel Stephen Dietrich, Jr. sends copy of his letter to Earl L. Butz, secretary, U.S. Department of Agriculture, / ~fl'3 ~ regarding the County's demand for apportionment of stumpage receipts. Board requested that Auditor secure documentation on fees received. Ad Hoc Supervisors Committee re Murphy Slough proposals. The Committee writes that the U.C. Agricultural Extension Service 0a~ completed ~1 y• O d air survey and infra-red photos are ready for -eview. Invitation is extended to attend meeting Wednesday, August 7, 10 a.m. in the County Administration Building, Oroville. Discussed; it was felt that Board members should attend this meeting. American Revolution Bicentennial Commission of California. The Commission 0 ~ ~ p sends information regarding Bicentennial meeting to be held f October 1974, and requests information as to how many representatives from the County will attend. Discussed; it was felt that no one from this County need attend. Office of Emergency Services. Information regarding the Disaster Relief Act ~ O 3 pC~ of 1974 is f~+-warded, as well as a copy of the Act itself. Referred to George Stamm for study and report back to the E~oard. Matson and Isom Accountancy Corporation. Forwards copy of the audit report 6 Z~ 0 d of O;dfl~'and HEW grant at December 37., 1973. Discussed, Mr. Nickelson felt this was a good report. Harold T. (Bizz) Johnson. Mr. Johnson writes regarding new proposed rules ~ 0.3 S' relative to mineral resources on national forests. Information only; no action necessary. Senator John V. Tunney. Mr. Tunney writes regarding S. 1361 and states his / ~ 0, y t opposition to the sports blackout provision in the draft bill. Information; no action necessary. Bill V. Jensen. Claim against the County due to his car sliding on the Butte Creek Bridge by Butte Meadows in the amount of $85.88, for towing and repairs. Discussed. See motion following communications. Mel Speegle, Pres. Honey Run Covered Bridge Association. Request to have ~1 ~ ~~p ~ Public Works crew install the corrugated iron roofing on the original '7 section of the Honey Run Covered Bridge. Referred to Clay Castleberry for Handling. William Penn Mott, Jr., Director, Department of Parks & Recreation. Sends copy of letter written to Chairman of theBoard of Directors of the Feather ~p 0.0 ~ River Recreation and Park District concerning the Feather River Enhancement Project. Supervisor McKillop stated he has seen a copy of the draft of the agreement. There is an escape clause within the agreement. He will secure a copy of the agreement far County Counsel. No action taken. ~ ~.OdJffice of Economic Opportunity. Informs Board that grant action has been approved to assist county to finance the EOC programs. Referred to EOC. Pat Patterson and Marjorie Cox, Magalia. Urge the Board to consider the 02 ~ S ~ p providing of afire station in the Upper Ridge area. To be discussed at later date. Harold T. (Bizz) Johnson, Member of Congress. Informs the Board of the ,j ~ D, d(~ reprogramming of funds £or acquisition of concession facilities at the Lassen Volcanic National Park. Discussed; no action taken. Chris J. Irwin for R. T. Curry, President-Feather Falis Country. Notice of ~1 3 o c appeal of TN-160 zoning for Feather Falls area. Set for hearing on August 27th, 1974 at 2:00 p.m, 74-1138 ACCEPT RESIGNATION OF LINDA MC ANULTY, PALERMO, FROM THE PALERMO COMMUNITY CENTER BOARD OF DIRECTORS On motion of Supervisor Ladd; seconded by Supervisor Gilman and unanimously carried, the resignation of Linda McAnulty, Palermo, as a member of the Palermo Community Center Board of Directors, was zacepted, with the request that a letter of thanks for her services be sent to Her. Page 139. July 30, 1974 ==T=_ _____-----July=30,=1974_______________ 74-1139 DENY CLAIM OF BILL V. JENSEN, FOR TOWING & REPAIR OF CAR On motion of SupervisorMcKillip, seconded by Supervisor Gilman and unanimously carried, the claim of Bi11 V. Jensen, for the amount of $85.88, for towing and repair of car due to sliding on Butte Creek Bridge by Butte Meadows was rejected and referred to County Counsel. 74-1140 SUPERVI50R GILMAN TO ATTEND LAFCO CONFERENCE AS CHAIRMAN OF COMMITTEE, LONG BEACH, CAL. Supervisor Gilman referred to a letter concerning the LAFCO conference to be held in Long Beach. He has a prior commitment to them to chair this September meeting; there will be three sessions that he will have to chair. He no longer is a member of LAFCO but he feels that this is a prior commitment and it should be kept. It was the feeling of the Board members that he should go to the conference and chair these sessions. 74-1141 INTENT OF THE BOARD THAT ALMOND HULLERS AND PROCESSING PLANTS BE LISTED AS AGRICULTURE IMPLEMENTS AND EXEMPT FROM PERMIT SYSTEM Supervisor Gilman stated that a man had contacted him stating he had to have a permit to operate his almond hulling system. He explained the problem involved. He explained AB 8067, which he felt the Board should take opposition to. Supervisor Gilman stated he had taken this man's permit papers and told him that he would handle the problem for him. Dan Blackstock explained the matter of the County ordinance regulating permits and exemptions. He felt that the Board had adopted the ordinance and the Boards interpretation of the ordinance could include almond hullers in the exemption list. He felt the Agriculture Commissioner should know the, Board's intention; the Board should make a motion setting out their interpretation of what they intended on the section of the ordinance regarding this matter. Control of the almond hullers discussed. Supervisor Gilman felt the Board should support the agriculture industry in the County. Exemption of the almond hullers and processing plants discussed. It was moved by Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried that it is the intent of this Board that almond hullers and agriculture processing plants be listed as agriculture implements and exempt from the permit system as set forth•ia the County ordinance. regulating air pollution. 74-1142 ADOPT RESOLUTION 74-102 IN THH MATTER OF THE SALE OF TAR DEEDED PROPERTY BY,,THE COUNTY TAX COT,LECTOR (124 uarceis} The notices of intention of the Tax Collector regarding the sales®f tax deeded property discussed. Mr. Blackstock explained the matter of these sales. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, Resolution 74-102 in the matter of the sale of tax deeded property by the County Tax Collector (124 parcels) was adopted and the Chairman was authorized to sign. RECESS: 10:05 RECONVENED: 10:15 74-1143 APPROVE LEAVE OF ABSENCE On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, a six month non-compensated medical leave of absence was approved for Deputy Sheriff Bernard Knapp, commencing July 25, 1974. Page 140. July 30, 1974 - - _ _ _ _ _ _ _ ~ _ _ _ _ _ = Ju 1y=30 , =1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 74-1144 WOODEN CHAIRS DECLARED SURPLUS PROPERTY On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, two wooden chairs at the Welfare Department, one is inventory X02271, the other: has no number, were declared surplus property and the Purchasing Officer was authorized to dispose of the same. 74-1145 APPROVE CERTIFICATE FOR PAYMENT TO DEAKINS CONSTRUCTION COMPANY: GOLDEN FEATHER FAIR On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, the certificate for payment to Deakins Construction Company for $19,577.70 for work done on restroom facilities at the Golden Feather Fairgrounds was approved. 74-1146 APPROVE AGRICULTURAL COMMISSIONER'S SALARY AGREEMENT WITH STATE On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the Agricultural Commissioner's salary agreement wth the State wherein the County is reimbursed $3,300 to apply against the Agricultural Commissioner's salary was approved and the Chairman was authorized to sign. 74-1147 APPROVE STATE DIVISION OF HIGHWAYS WEED CONTROL CONTRACT On motion of Supervisor Gilman, seconded by Supervisor eameron and unanimously carried, the State Division of Highways weed control contract to perform weed spraying on state highway rights-of-way with a maximum of $4,500 was approved and the Chairman was authorized to sign. 74-1148 APPROVE ADVANCE FOR BURIAL OF VETERAN A request has been received to advance $347.20 to the Oroville Cemetery District for burial of a veteran. The advance is to be recovered in the same manner as was done previously under the same circumstances. On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, an advance of $347.20 to the Oroville Cemetery District was authorized for burial of a veteran. 74-1149 PROBATION OFFICER AUTHORIZED TO HIRE EXTRA HELP AT JUVENILE HALL WHEN CARRYING EXTRA A1+KtUNT OF YOUTIiS Clif Nickelson, Administrative Officer, stated he has received a request from Don Nissen, Chief Probation Officer, for funds to cover extra help when needed. He has about $9,000 for extra help in the proposed budget to cover vacations and sick leaves. The problem has been that the census at Juvenile Hall has skyrocketed. Last Friday when he left work there were 17 boys at the Hall, on Monday there were 32 boys out there. He feels that that is too many boys to be handled by one man. He would like authority to hire extra help when there is an over-Load at the Hall. Request discussed. The Board stated they would be interested in knowing where all the additional boys were coming from; they are picked up in the County so they are placed in the Ha11. Mr. Nissen wanted the Board's assurance that they will give him additional funds in the budget to cover this extra overload at the Hall. On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the Probation Officer was authorized to hire extra help at Juvenile Hall when there is an extra amount of youths placed at the hall, with a request Chat he report to the Board once a month on the matter of the extra help. Page 141. July 30, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ ~ ~ = Ju 1y=30 , =1974 = _ _ ~ _ _ _ _ _ _ _ _ _ _ _ 74-1150 RATIFY THE MEMORANDUM OF UNDERSTANDING BETWEEN COUNTY AND EMPLOYEE AS50CIATLON The County and employee representatives have "met and conferred" on several non-wage items and have reached an understanding on several items. A memorandum o£ understanding has been prepared for Board consideration. Jim Rackerby, Personnel Director, reported on this memorandum of understanding. The two items that are before the Board today is the Health Insurance that provides an increase in benefits and in the change of the Merit System. Mr. Rackerby stated that if the Board takes action on the insurance matter in the month of July, New York Lite Insurance will make the benefits retro-active to July 1st. Merit system explained. They propose to combine all the systems that are in operation in the County at this time. System explained and discussed. County Counsel would have to prepare the proper documents, if the Board approved the merit system concept, to get the proposition on the November ballot to amend the County Charter. Supervisor Ladd said he objected to the manner that this was brought to the Board today. He does not like to receive documents on the day that action has to be taken. Supervisor McKillop asked what language would have to be amended in the Charter. Mr. Blackstock said he would prepare something in writing for the Board to review. There are two areas that would have to be covered. He will prepare this report and present it to the Board for their consideration. On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the memorandum of understanding with the County employees. was ratified. 74-1151 SUPERINTENDENT OF SCHOOLS FISCAL INDEPENDENCE: MATTER PUT OVER TO LATER DATE Supervisor Gilman said he had met with a representative from the Superintendent o£ Schools office and he told him that the Board of Supervisors needed some indication from the School Board of Trustees as to whether they still wanted fiscal independence. Supervisor Gilman requested that this matter be put over until the Board of Supervisors hears from the Superintendent of Schools Office. Matter put over until this Board receives some word from the Superintendent of Schools Office regarding their recommendation on fiscal independence. 74-1152 LETTER OF APPRECIATION TO GO TO DON DEBOCK's WIDOW CONCER,NI~G HIS SERVICES AS A MEMBER OF THE COUNTY ADVISORY COMMITTEE ON AGRICULTURAL BURNING 0n motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, a letter of appreciation was requested to be written to the widow of Don De Bock setting out the Board`s appreciation of his services to the County as a member of the Butte County Advisory Committee on Agricultural burning. 74-1153 PUBLIC WORKS ITEMS APPROVED Hal McDonald, assistant Public Works Director, explained the Public Works items. Exchange of FA~i "D" and SB 325 funds discussed. Page 142. July 34, 1974 July 30, 1974 It is proposed to exchange approximately $38,000~ of county SB 325 funds for a like amount of Oroville area FAU "D" funds. The SB 325 funds to be used on the City of Oroville's Mitchell-Myers project. Exchange would be subject to approval by BCAG. On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the following action was taken: 1. Accepted the work of Butte Creek Rock Company for the Dayton- Durham Highway, Hegan Lane and Midway, Contract No. 44203.-74-1, authorized the Chairman to sign the Notice of Completion and instructed the Clerk to record said notice of completion with the County Recorder. 2. Granted project authorization for the 16th Street, Chico project which will consist of minimum shoulder grading by county forces and Purchasing quotations for installing a walkway between the Chapman Center and the elementary school, south side. 3. Waived the first reading of the ordinance establishing speed limit on Bidwell Avenue. 4. Approved the Sycamore Creek Subdivision Unit No. 1 final map, and accepted the c:ffers of dedication with the exception of Lots A and B. 5. Authorized the exchange of FAU "D "funds and SB 32S funds as set out above. 74-1154 DISCUSSION: AN ORDINANCE ADDING SECTION 2-19.1 TO THE BUTTE COUNTY CODE Dan Blackstock, County Counsel, explained the proposed ordinance that would add Section 2-19.1 to the Butte County Code. It would state that no County meeting could proceed after 11 p.m. Reasons for this section explained. The essence of the rule would be to stop all public meetings at 11 p,m. Supervisor Cameron felt that there should be some exemptions placed in the ordinance. Supervisor Ladd felt that this was an item that would be better not placed in ordinance form. There should be a statement of policy. Mr. Blackstock stated that he could re-write the section; he has not sent it to the Planning Commission as yet. It would mean that the Planning Commission would have to start Cheir meetings earlier in the evening. Proposed ordinance discussed. It was suggested that maybe it could be placed in resolution form, setting out there could be emergency conditions that could extend the meetings past the stated 11 p.m. Mr. Blackstock will submit something next week to the Board along the lines set out by the Board members. No action at this time. 74-1155 BUDGET REVIEW HEARING OPENED AND CONTINUED TO AUGUST 1 at 10:00 a.m. The Budget Review hearing was opened at this time and dates for future hearings set. On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the hearing on the Budget Review was opened and continued to Thursday, August 1, 1974 at 10:00 a.m. 74-1156 APPEARANCE: MR. HENRY SOWINA CHICA IN RE CABLE TV Mr. Henry Sowina, Rt. 1~ 33goe 144Q~E, Chico, said his complaint was July 30, 1974 _____ -__-_=====July 30, 1974---==____---____-_ against Cable TU. He set out his complaint. The company has told him that they would get cable TV to him in another year. They have told him this many times in the past years. He feels that in the 10 years that they have had the franchise, they could have been able to furnish him with this service. He stated that there are many people in this area that desire cable ~/. He read a list of names o£ those that would like to be hooked up to cable tv. Mr. Blackstock stated that in considering the terms of the franchise, this Board could assist these people in securing cable tv. The Administrative Officer could contact the CABLE TV company and ask why it has been so long in getting the cable tv to these people and request that they file an answer to these questions with the Board. The list~£ the names of those people desiring the service was left with theClerk. The Administrative Officer will contact this man and inform him of action that will be taken by the County. 74-1157 APPEARANCE OF COUNTY AUDITOR: DISPOSITION OF IMPOUNDED TAX MONIES Bill Lawrence, County Auditor, reported on the computation of a preliminary estimate of the disposition of impounded tax monies that can be released as a result of the settlement of the Diamond National dispute. Of the $801,574.00 still held in impound, approximately $477,635.00 (plus interest) will be refunded to Diamond National. The remaining $323,940.00 will be distributed to the various agencies in the county. Mr. Lawrence stated that when the final computation is completed, he will bring the matter back to the Board for the final order to release the impounded monies. No Board action is needed at this time. 74-1158 APPEARANCE: MR. RON EDMONDSON Mr. Ron Edmondson questioned the Board concerning the use o£ NYC girls washing cars out. on the County Administrative Building lawn. He was told that these were County cars that were being washed. 74-1159 REPORT OF PLANNING COMMISSION'S DENIAL, WITHOUT PREJUDICE, OF REZONING OF MOORETOWN RTDGE-CRAIG AREA Jim Lawson, Planning Director, reported on the Planning Commission's denial, without prejudice, of rezoning o£ the Mooretown Ridge-Craig area, approximately twelve square miles from "A-2" {general) to "TM-20" and "TM-5" (timber-mountain). It was the feeling of the Planning Commission that they should~<. start fresh again on this rezoning. No Board action needed; merely for Board information. 74-1160 PUBLIC HEARINGS SET: REZONE FROM "A-2" TO "A-10" PROPERTY SOUTH OF HEGAN LANE & EAST OF THE SPRR ON BOTH SIDES OF BRUCE LANE, GI3IC0 & EXTENSION OF INTERIM ZONE ON THE SOUTHEAST AND SOUTHWEST CORNERS OF BRUCE LANE & HEGAN LANE CHICO Public hearings were set for August 20, 1974 at 2:00 p.m. on the following: 1. Butte County Flanning Commission initiated - rezone from "A-2" (general) to "A-10" (agricultural) for property south of Hegan Lane and east of the SPRR on both sides of Bruce Lane, Chico. 2. Consideration of extension of interim zone to "A-3" on the southeast and southwest corners of Bruce Lane and Hegan Lane, Chico, Norman Larson, et al. Page 144. July 30, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ July=30,=1974 = _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 74-1161 TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL APPROVED On motion of Supervisor Ladd, seconded by Supervisor Cameron and unanimously carried, the following tentative parcel maps recommended for approval were approved, subject to the conditions, and with the note that negative Environmental Impact Reports were filed: Zoned ~ -07 L~fd . FIRST BAPTIST CHiTRCH OF LIVE OAK, AP 50-0$2-92, ~ lots, west side of Pentz-P~agalia Hwy., south of Warren 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. Provide traversable access. 2. Construct the road to RS8 LD2 standards. 3. Indicate a 50 ft. building setback line measured from the center- line of the easement. 4~. Indicate a 55 ft. building setback line measured from the center- line of Pentz-P![agalia Holy. , 5. Provide a non-exclusive easement statement. 6. Provide a cul-de-sac at the end of the access easement. A Negative Declaration Regarding B'nviro*~mental Impact was filed with the County Clerk on July ]_9 .t97~. honed /~-~- Raymond D. Hanlin, AP 56-1~-02, 3 lots, west side of Cohasset Rd., Cohasset. Engineer: 1Ne B. Grimes & Assoc. 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 Planninr~ Commission recommends approval of the map, subject to the following conditions: 1. Provide the Health Dept. with information sufficient to~.meet requirements of the Subdivision Ordinance as to the availability of water or place a statement on the final map that there is no evidence of domestic water. 2. Construct the access easement to RS8 LD2 standards. Page 145. July 30, 1974 - - - - - - _ = July=30,=1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3. Provide a maintenance agreement for the road. 4. Deed to the County of Butte 40 ft. right-o£-~rvay measured £rom the oen.terline of Cohasset-Rd. 5. Indicate a 55 ft. building setback line measured from the center- line of Cohasset Rd. 6. Indicate a 50 ft. building setback line measured from the center- line of the easement. A Negative Declaration Regarding Environmental Impact was filed with the County Clerk on July 1, 1974. The proposed z oning of this area is Tm - ~ ~~• Zoned A-~- Faustino Bernadett, AP 44•-03-13, ~ lots, east of Meridian Rd., between Nord Hwy. & Guynn Ave., Chico. Engineer: W. B. Grimes & Assoo. Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentativeparcel map of the above property has been reviewed by the Butte County Subdivision Committee and the Planning Commission. The Subdivision Committee and the Plann.in.~ Commission recommends approval of the map, subjeot to the following conditions: 1. Deed to the County of Butte 30 ft. right-of=+vay measured from the centerlines of Nord Hwy, and Gu~rnn Ave. 2. Indicate 50 ft. building; setback 1°•.nes measured from the center- lines of Nord Hwy. and Guynn Ave. A Negative Declaration Regarding EnYT~.ronmental Impact was filed with the County Clerk on July 1, 197~~ Zoned A a ~fd• Francis R. Threlfall, AP 50-22-03, 4 lots, northwest corner Moll Rd. and Wheeler Rd., Paradise. Surveyors John W. Hamby 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: Page 146. July 30, 1974 _ July_30,_1974--------------- 1. Indicate 50 ft. septic tank free setback lines on both sides of the drainage Swale, measured from the edges. 2. Verify legal access. 3. Construct the access read to RS8 ZD2 standards, 4. Provide a maintenance agreement for the road. 5. Indicate SO ft. building setback lines measured from the center- line of the easement. A Negative Declaration Regarding environmental ?'mpact was filed with the County ~1erk on July 1, 1974. 74-1162 ABOPT RESOLUTION 74-103 REQUESTING C.I.R. EXTENSION OF DEADLINE FOR NEW GENERAL PLAN ELEMENTS On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, Resolution 74-103 requesting C.I. R, extension of deadline for new General Plan elements was adopted and the Chairman was authorized to sign. 74-1163 DISCUSSION: PROPOSED ORDINANCE PERTAINING TO THE MODIFICATION OF A-2 ZONING Dan Blackstock, County Counsel, reported to the Board relative to the bringing back of an ordinance pertaining to the modification of A-2 zoning. He has worked with the Planning Director on this proposed modification. County zoning ordinances must be consistent with the General Plan. The land uses authorized should be compatible to the General Plan. Mr. Blackstock set out things that should be considered in the open space area. He said it might be preferable to review the General Plan as,i~ Asa not been modified since it was adopted. Time spent discussing the proposed modifications and the General Plan. Jim Lawson, Planning Director, stated that the guidelines of the open space and conservation elements were adopted last year; they are subject to yearly review. Mr. Lawson stated there was no conflict between the open space element and the General Plan. He has talked to a man in the Governor's Office and he stated that if Mr. Lawson would send down a copy of the General Plan and the zoning ordinances, they would study them and make a recommendation to the Planning Commission. They will review Chem in view of consistency. Supervisor McKillop felt that Mr. Lawson should send down a copy of the General Plan and all the zoning ordinances for the State's review. He felt that someone should tell the County if the County is not in conformity. The Board should be given direction on the interpretation of the ordinances. A-2 ordinances discussed. Mr. Lawson presented the Board members a copy of a ordinance that comes closest to fitting all the situations. He requested that the Board read it and make comments. Chairman Madigan stated that the Board members would review the proposed change and next week would make comments on them. No action taken at this time. 74-1164 REPORT ON 30INT MEETING IN SACRAMENTO Supervisor Cameron reported on the joint meeting held in Sacramento July 30, 1974 Page 147. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Ju ly 301 1974_ _ _ _ that was attended by Supervisor Ladd and himself. In the afternoon the Knox Bills were discussed. This Board had taken a stand against these bills. With the changes proposed, CSAC felt they would support the bills. Joint power agreements were also discussed. 74-1165 ANNOUNCEMENT: STATE 'SENATE HEARING ON HEALTH NEEDS IN SACRAMENTO: AUG. 5th Mr. Nickelson announced that on August 5th in Sacramento there will be a State Senate hearing on Health needs. He would like to have Dr. Enloe and himself go down and document what the County is doing for the low income residents of the county regarding health needs. It was the Board's feeling that Dr. Enloe should attend this hearing. RECESS: 12:00 RECONVENED: 2:00 74-1166 PUBLIC HEARING ON REZONING AT LAKE MADRONE FROM "A-2" TO TM AND TM-S Jim Lawson, Planning Director, stated that this was a continued hearing and had been referred back to the Planning Commission to consider an alternate proposal. The Commission maintained their position for TM-1 and TM-5. Mr. Lawson stated the Board was free to take action anyway they chose. This is a residential area. He doesn't think the TM series is in conflict; it is not like the undeveloped areas. Mr. Lawson outlined the area to be rezoned. Supervisor McKillop agreed that the area is historically a residential area, but he feels they are getting outside of that. Mr. Lawson felt this would be consistent with the General Plan. He stated that the open land map was adopted in the open space element and is rather small-ecale and it is difficult to pick this out. It does show that around Berry Creek there is a more residential-type area. On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, the Board concurred with the proposal sent back to the Planning Commission and included the two areas discussed by the Board and Planning Commission in the TM zoning, and waived the first reading of the ordinance. 74-1167 JOINT MEETING WITH CITY OF CHICO REPRESENTATIVES RE CHI CO AREA PLANNING COMMITTEE RECOMMENDATIONS Jim Lawson stated he had been asked to evaluate the recommendation and was writing a report but had not had time to finish it. He stated that there is no confusion on the part of the public whether they are in the city or county when it comes to the Planning Commissions. He stated that an area planning commission is a very desirable organization from the standpoint of those people ~ the Chico area who desire to take charge of their planning affairs and who are dissatisfied with what the county level is doing. He felt that both the county and city planning commissions are doing their job. He feels there has been a marked improvement in the last few yaars; there have not been planning conflicts in Chico staff or commission-wise. He feels the County Planning Commission is doing a good job and is doing an adequate job for the unincorporated areas. Mr. Lawson hopes to have his report ready soon. The proper area should be con€ined to the sphere of influence concept. He suggested a cost benefit analysis be done. in Supervisor McKillop stated that/those particular areas outside of the city limits ultimately these recommendations would have to come before the County board. Mr. Lawson stated that whether or not there is an appeals board, the people have the right to come before the board ar_ an appeal basis. Dan Blackstock stated the Board cde s~t8 up an appeals board for planning July 30, 1974 -_________-====July30i 1974W ______________ matters, however, zoning ordinances must come before this Board, Meeting opened to the public at this time. Appearing: 1. Orrin B. Stratton, Chico. He is a member of the Citizens Advisory Committee of the General Plan in Chico, which ties in directly with this consolidated planning. He feels there is no justification for this and also feels it would be very expensive. He pointed out places in the "Consolidated Planning for the Chico Area" where he felt it was deficient. 2. Hogan Mathews, Chairman of the Chico Area Planning Advisory Committee. Mr. Mathews explained when this committee was appointed and how the members were selected. They were to investigate the situation and then make a recommendation to the Board of Supervisors. He stated that there has never been an area planning commission in California or anywhere else that they know. He set forth the reasons for the need. The committee feels that an area planning commission is a good idea and is feasible. He feels if there is uniform planning and utilization of the rules, it will benefit the area. Another goal is to make the county and city zoning ordinances compatible to the zoning. The third ofjective is to establish-and adopt improvement standards unifying the rules. They want to provide home rule for the rural area. He explained the funding. He also explained they want to use the CARD or school district boundaries. He strongly urges they adopt the plan. Discussion of how this would benefit the people was had at this time. Mr. Mathews explained that they need a tool to make the planning uniform in county and city. They want to make the city and county rules compatible. Supervisor Ladd questioned shout what the benefits would be. Mr. Mathews feels this would give people better tools. Chairman Madigan asked why Chico area influences should extend to Cohasset and the outlying comdunities. Mr. Mathews felt because the people come to Ghico for business and shopping they should be included. The second area, GARD district, would have excluded these small areas. Mr. Mathews explained that none of the people in those areas came to the meetings. Supervisor Ladd explained his proposal for including areas, which would allow each small area to vote on whether or not they wanted in the planning commission. Supervisor Cameron stated he would like to know mare about the funding. Mr. Matthews explained that both the city and county would contribute and there would also be a surcharge on building. At this time, he feels that this will take care of the costs but that they must consider inflation. 3. Betty Smith, Vice-Mayor of Chico. Ms. Smith apologized for Mr. Ringel not being present. She stated they are not dissatisfied with the County Planning Commission but they feel it would be better if Chico had its own planning commission. She feels that together the planning can be better. 4. Ivan Cunningham, Forest Ranch. He stated the Forest Ranch community is against this and have formed a committee to oppose it. 5. Ross Lawler, member of the Chico Area Planning Commission. He is in favor of the area planning commission. He presented the Board with copies o£ the proposed area. 6. Louis Camenzind, member of theButte County Planning Commission, Page 149. July 30, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ July 30,=147± _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ also acting as an individual. Mr. Camenzind read petitions to the Board; he presented the clerk with petitions signed by approximately ?5 people in the Forest Ranch area and petitions with approximately 25 names from the west Chico area opposing this matter. He feels that the boundaries were decided ir_ a meeting held in 1972 and that the committee was biased from the beginning. He quoted sections of the committee minutes. 7. Marie Ginquini. She appeared 2a opposition to the plan. She feels that the agricultural people are going to end up paying the majority of the cost. 8. Priscilla Hanford, member of the Butte County Planning Commission from the 5th District. Sine feels the concept of area planning has merit, however she is concerned about the talk of sub-regional piannis~g. She would like the Board to explore the second alternative which proposed consolidated tools. She feels this could be helpful. She also suggested that the county and city could explore some changes in procedures which would contribute to better communication, etc., without changing either structure. She stated that a joint city and county planning commission meeting would be very helpful and that consolidation can be made by some rather minor changes. She added that there should be more Formalized commuication between the two commissions. RECESS: 3:35 RECONVENED: 3:43 Chairman Madigan presented the clerk with a letter from the Cohasset Community Association, Inc. opposing any boundaries that would include the Cohasset ridge in a Chico planning area. 9. Bart Blair, contractor, was concerned about a moratorium on building. Mr. Mathews stated that the committee has not recommended an urgency ordinance. There will not be a moratorium on the building. Hearing closed to the public and confined to the Board. Supervisor Gilman stated he found many things in the recommendation distasteful. He also pointed out that LAFCO has prepared a map which delineates Chico's sphere of influence. He feels that the committee has dep;G.ed from the original thought Chat went into this, and that many of the things in the proposal can be accomplished by cooperation. He also brought out the fact that EIR's and subdivision committee work would have to be done. He felt the proposed budget would not even scratch the surface. Supervisor McKillop requested that a map delineating Chico's sphere of influence be sent to the-board for their study. Discussion continued to August 20th. 74-116$ MEETING WITH CHICO COUNCIL AND LIBRARY COMi~SSION RE CITY-COUNTY LIBRARY Clif Mickelson explained that three spot appraisals had been done on three properties: Vallombrosa, Palmetto and East 1st and Sherman. The costs were: East 1st and Sherman, $1.00 to $1.25 sq. ft. (would have to be an all or none purchase}; Vallombrosa, $1.25 to $1.75 sq. ft. (doesn't know for sure if they could purchase it at $1.75) and Palmetto, $1.00 to $1.25 sq. ft. (poorer piece of property). Mr. Mickelson explained the advantages and disadvantages of each piece of property. He felt that probably the Vallombrosa piece was the best and that the Palmetto piece was the least desirable. He Page 150. July 30, 1974 July 30, 1974 also stated that someone had suggested that an advertisement be placed in the paper to see if something else might turn up. Chairman Madigan questioned Tom Struthers, Purchasing Officer, about sites he had looked at. Meeting opened to the public. Appearing: 1. Dave Rush, Chairman of the Library Committee, stated ChaC they wanted a park-like setting, but the most important aspect of selecting a site was £or it to be in a community center where there is a lot of activity, such as near a shopping center. 2. Maxine McCollugh, Library Commission, thought that the proposed bike path should be considered, She was concerned about the amount of traffic that would be involved. 3. Betty Smith, Vice-Mayor of Chico, feels the bike path would be important to the library and that wherever the site is chosen, a bike path should be made to the library. 4. Pat McCafferty, Chico City Council, stated he was strongly in favor of the downtown location. Discussion over a downtown site and the costs of such a site held. There was some confusion about whether this had been turned down. Time spent discussing the various sites and their drawbacks. Mrs. Jo Terry, County Librarian, explained the success of the Thermalito branch library, which was not in a center of activity. The circulation was quite high, however, she explained Chat this library acted as a warehouse for the rest of the county which would account for part of it. She explained her thoughts on the minimum size, looking to the future. She felC 20,000 sq. ft. was the minimum they could build. She like Palmetto and Vallombrosa sites better than EasC 1st site. Time spenC discussing Che East 1sC site, which is near the freeway, which would provide accessibility to people Chat are outside the ciCy limiCs. Ms. Smith asked if the council could possibly come back to the Board with recommendations. It was decided that the vice mayor would return to the city council and see if they could bring back recommendation in some type of written report. She stated she wouldn't be able to have this done until September. The Board also expressed their feeling that advertising would be very helpful in locating the best site. Meeting closed to the public and confined to the Board. RECESS: The Board recessed at 4:45 p.m, for an executive session. RECONVENED: The Board reconvened at 5:45 following an executive session. 74-1169 DISCUSSION: AIR-CONDITIONING IN BOARD OF SUPERVISOR'S CLERK OFFICE Supervisor Ladd expressed his concern that the Clerk to the Board of Supervisors' office is not air-conditioned and that the temperature gets quite high. He would like to talk to Dave Davis and see what can be done to cool the office. Supervisor Ladd was authorized to look into this matter. RECESS: The Board recessed at 5:50 pom, to reconvene on August 1, 1974 at 10:00 a.m. Page 151. July 30, 1974