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HomeMy WebLinkAboutM080172August 1, 1972 STATE OF CAs_,IFORNIA ) ~ ) Ste. COUNTY OF BUTTE ) ~~, The Board of Supervisors met at 9:00 a,m. pursuant to adjournment. Present: Supervisors Douthit, Ladd, Madigan, Maxon and Chairman Gilman, Clifton Mickelson, Administrative Officer, Daniel Blackstock, County Counsel, and Clark Ao Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. INVOCATION - W. Ro Baskin, Vicar, Sto Nicholas Episcopal Chuxch, Paradise Pledge of Allegiance to the Flag of the United States of America 72-1276 APPROVAL OF MINUTES On motion of Supervisor Ladd, seconded by Supervisor Madigan dud unanimously carried, the minutes of July 19, 1972 were approved as mailed. On motion of Supervisor Madigan, seconded by Supervisor Ladd and unanimously carried, the minutes of July 24, 1972 were approved as mailed. On motion of Supervisor Maxon, seconded by Supervisor Ladd and unanimously carried, the minutes of July 25, 1972 were approved as maileda 72-1277 GOMMUNTCATIONS Norman L, Hellmann, Chicoo Mr, Hellmann files appeal to the decision of the Planning Commission which denies a "high class dinner house" at Cohasset Road and Cristi Lane in Chico. Public hearing will be set later in the meeting. A, E; Hodges, Paradise. Mr. Hodges requests the Board to uphold Planning Commission decision in the matter of the appeal of Achstater and Klien. (See public hearings at 1:30 p,m,) Mrs. Franklin Butler, Magalia, Mrso Butler requests the Board to require r 3 O ~ Larwin Corporation to submit a revised map for Unit 16 calli~ ' for not less than one to five acre parcels, Referred to Clay Castleberry, County Counsel will report back. Superior California Comprehensive Health Planning Association. Mr, Harland, ,,11 ~r~ ~ executive director, sends telegram supporting the concept of using `~' Chico Community Hospital for mental health patients, Information only. Oroville-Wyandotte Irrigation District. fihe District forwards copy of its ~ ~ letter to the Director of Public Works re Hensley-Whitcomb ~f ~- Z' complaint of alleged improper subdivision on Ward Boulevardo Information only, No action taken, Feather River Recreation and Park Districto The District files Resolutions Noo 136 and 1370 Resolution No. 136 determines that election of members of the Board of Trustees of the Feather River Recreation n ~ Q and Park District shall be held in even numbered years, and 1 U Resoluti m No,137 states the time of the election, number of offices to be filled, and requests Butte County to consolidate the ballot with the General Election in November. Refer to EleanorBecker County of Santa Cruz. The County forwards notice of termination of ~ Z I,~c~ reciprocal medical services agreement for indigents, Refer to Hospital. County of Kern. The County forwards Resolution No. 72-491 terminating reciprocal agreement with the County for hospital services provided Z-~•C ~ to non-resident indigents, Referred to Hospitalo State Department of Public Health. The Department sends notices that previous figures given to the County for public health support 3 p Q, must be looked upon as provisional and may be subject to significant changes. Information only, No acti~~g~al~~go August 1, 1972 August 1, 1972 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - State Division of Water Quality Controlo The Division forwards copy of letter from the EPA outling a proposed solution to cash flow problems arising under the~Clean Water Grant Program, They request indications of support for this proposal be sent to the Administrator of the EPA. Discussed, State Division of Water Quality Controls The Aivision sends notice to agencies seeking clean water grants of the fiscal year 1972-73 allotments, Information only, State Department of Navigation and Ocean Developmento The Department sends information letter to counties regarding financial aid for boating safety, education and enforcemento Clay Castleberry explained what the letter related to, Will work with the Recreation Cocmnittee on some sort of a solution. Alfred I1lgeno Easement for roadway over southerly 30 feet of land they own, He asked if the Board still had the petition concerning this roadwayo Referred to Clay Castleberry. for handling, Cain & Associateso Progress report on Superior Court building constructiono ~ ~•C ~ Copies to be given to Board members, Dr. Bailey, Concerns condition of Viola Hurleyo He sets out her physical condition and feels that she should receive Welfare Z).p ~ funds, Discusseda Referred to Ed Robinson, Welfare Director, for his consideration and report back to the Board. 72-1278 DISCUSSION: ATTACK ON GOVERNOR"S POSITION BY CSAC Supervisor Maxon said he was dismayed and infuriated by the lack of diplomacy displayed by the California County Supervisors Association in their attack on the Governor of the State of California. Supervisor Maxon said he did noC think that_the attack was called for, This concerns the Governor's stand on expenditure control, Chairman Gilman said he was contacted by the Governor's office9 and he attended a meeting of the CSAC Board of Directors. Chairman Gilman explained his feelings in this matter. Matter discussed; no action takeno 72-1279 APPROVE CHANGE ORDER: APPROVE AGREEMENT OF SALE & DEEDS FOR RIGHT OF WAY ACQUISITIONS On motion of Supervisor Madigan, seconded by Supervisor Maxon and unanimously carried, the Board took the following action: to Approved Change Order Noa 1, Oroville-Quincy Highway, Project 27561-67-2, in the increasing amount of $631.98 which provides for installation of under drains, remove subsurface water beneath the roadway fill and the Chairman was authorized to sign. 2. Approved agreement for sale, authorized Chairman to sign and authorized Auditor to issue warrant upon demand of County's escrow agent for the following: Skyway FAS 757(4) A. Ko Winters 0.021 aco $693 Impro. $30 Total $633 3. Accepted deeds and authorized Chairman to sign certificates of aoceptance on the following: Maxwood Dr, Ext. (Pc1. map) AP 53-17-37 & 44 Carl Arenins Pentz-Magalia Hwy. (Pc1. map) AP 53-25-91 J, A, Reynen Page237a August 1, 1972 _____________=,August 1,_1972====T===-=___ Libby Road (Pcla map) AP 55-212-03 E, R, McLure Honey Run Road " " 55-01-142 D. E, Miller Coutolenc Road " 57-25-52 B, Co Just Garner Lane " " 47-25-29 B, Go Reynolds Skyway 57-21-39 R. Co Weakley Canyon Drive 27553-68-1 Pc1o 18 Ro L, Sohn ~~ ~~ Pcl. 19 $, ,~4 Sohn. Oro Dam Blvd. @ 5th signals Pcl, 2 J. P. Hendrix Skyway 51261-71-1 (T4) Pcl. 1 W, C. Wehner Skyway FAS 757 (4) Pcl. 3 L. Eo Gross Lower Wyan. Rd. @ Upper Palermo 21553-70-1 Pcl, 2 Oroville Ranch Co. 72-1280 INFOF',MATION ITEMS Cls~+ Castleberry, Director of Public Works, r=ported on the meeting with 5up~=.rvisor Ladd, Mrs, Church and Mro-McCloud, representative of W%stern Pacific Railroad. This concerns the ra~Iroad crossing 4-202 a7. They discussed the Less expensive alternative for the crossing. Supervisor Ladd said that the railroad would not go for a big expensive underpass. The using of the other roadway would be in the best interest of the pub7.ic. Supervisor Ladd said it was a good meeting. It was stated that the railroad goes into budget hearings this week and it is hoped that they will go for the railroad yard here in Oroville. Report discussed; no action taken. Mr, Castleberry said he had been working with Supervisors Douthit and Ladd on the problems and solutions at Oroville Transfer station, Mro Simpson agrees with them that they can not go on in the manner as they are doing at this time, Mr. Castleberry said the County might have to terminate the present contract and do the job themselves. Mr. Castleberry felt the County should try to work with Mr, Simpson in this matter. They are working on a new contract and will bring it back to the Board for their consideration, 72-1281 REPORT ON BID RESULTS - PATNTING OF TABLE MOUNTAIN BLVD, BRIDGE AWARD OF CONTRACT Mr, Castleberry reported on bid results for the painting of Table Mountain Blvd. Bridge. He said he was pleased with the results of the bidso Mr. Castleberry said he would like to request two thingse (1) authorization for awarding of the bid to the low bidder and (2) authorization for Public Works to negotiate with the contractor to see if the County can get him to paint the bottom of the bridge, Mra Castleberry stated that the bridge is structurally sound, Mr. Castleberry said he would recommend that the County authorize the painting of the bridged Supervisor Douthit thought that maybe the awarding of the painting contract should be held off until the study of the restoration of the Feather River through Oroville was completedo If the Feather River is developed, he feels there will be an increase in the traffic activity in Orovilleo Mr. Castleberry said the study relates to recreation; they plan on backing water up to the Bedrock areao Bernie Richter reported on the studyo He said the area would probably become a State park so that the town will not have to pay for the upkeep of the projecto Mr. Castleberry said it would cost approximately $600,000 to replace this old bridges Use of the bridge discussedo Supervisor Ladd said he could see no way that this Board dould recommend the building of a new bridge, He did not feel that the park would increase in traffic on this bridge. Page 2380 August 1, 1972 August 1, 1972 e= e o c o ~ v o o~ f- v s c o .... c- e e ~ o o~ W. o On motion of Supervisor Ladd, seconded bySupervisor Madigan and carried, the bid o£ Ed Linebarger Inc,, San Carlos, was accepted for the painting of the Thermalito Bridge (Table Mountain Blvd, Bridge); the ~, Chairman was authorized to sign the contract, and the Director of Public ~';. Works was authorized to negotiate with-the contractor for the painting of the bottom of the bridge, AYES: Supervisors Ladd, Madigan, Maxon and Chairman Gilman NOES: Supervisor Aouthit 72--1282 MATTERS PRESENTED BY BOARD MEMBERS FOR AISCUSSION WITH PUBLIC WORKS DIRECTOR Mr. Castleberry said that the residents of the Nord-Gianelli Road has donated gravel and water to place on the road. This will be placed on the road to get the people up out of the water for the winter months, Discussed; no action taken, Supervisor Maxon questioned Mr, Castleberry1about a road that is a short cut from the Skyway to Highway32, Supervisor Maxon said the road is in a bad conditiono This road is under the jurisdiction of the Bureau of Land Managemento The Bureau of Land Management will be contacted and requested that maintenance be done on this road, Supervisor Maxon said it was the intention of this Board that Public Works pursue the matter of a site location for a disposal area in Paradise, Mr. Castleberry said the committee had located a site in the Magalia area for a transfer site, Based on that, Mro Castleberry contacted the Bureau of Land Management for the sited The Bureau turned down the County's request for free land. Mr. Castleberry said they have a tentative O.K, fram the Larwin Corporation for a site where the road is maintained all winter, This site would be donated to the County, Supervisor Maxon said he did not argue the fact that the people need something in the upper Paradise area, He said the people in Paradise feel that the. site for the transfer station should be in the lower part of the Skyway. Matter discussed; no action taken at this time. RECESS: 10;05 RECONVENED: 10:20 72-1283 ADOPT RESOLUTION 72-130 APPROVING GRANT APPLICATION AND AUTHORIZING CHAIRMAN TO SIGN FOR FEASIBILITY STCTDy ON UTILIZATION OF RICE STRAW AND WOOD WASTE Sob Nichilson, Economic Development Director, presented grant application to the Environmental Protection Agency under the title of Butte County Cellulose Fiber Solid Waste Utilization Research Program, On December 21, 1971 the Board authorized Mr. Nicholson to proceed with this grant for a feasibility study on utilization of rice straw and wood waste in the manufacturing of particle board, Grant application subject to Auditor and Oounsel approval, Application discussed, Mro Nicholson stated they would make three different types of boardso Types of board to be made discussed. The 3rd type board would be made from the ro-cycling of the waste paper, He said the results of the tests were quite satisfactory, Mro Nicholson said he would assume that the Board of Supervisors would want him to be grant directoro He said there would have to be $3,000 that would have to be put into the project by the Countyo The rice growers will participate in this contrillution, He said that some research should be done during tl the rice season, He said that if this application is sent in they might be able to get the study made on the rice hulls this fall. He felt this Page 239. August 1, 1972 _ _ _ _ _ _ _ _ _ _ _August 1,_1972 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - application should be pushed through at this time, Chairman Gilman suggested that in the area of contribution that may9e some of the neighboring counties would be interested in the stud ye They also have the problem of rice hulls and straw, Mro Nicholson said he would contact theme It was also suggested that the rice growers associations be contacted and suggest .hat they contribute to this mattero Bernie Richter explained how this was being handled here in the Countyo They are working with Koppers, Georgia-Pacific, etco Joint meetings have been held with all the interested partieso Study discussed, Supervisor Ladd felt the County should go ahead with the study; this could be a tremendous value to the countyo On motion of Supervisor Ladd, seconded by Supervisor Douthit and unanimously carried, Resolution 72-130 approving grant application and authorizing Chairman to sign, for feasibility study on utilization of rice straw and wood waste was adopted and the Chairman was authorized to signs 72-1284 APPROVE AGREEMENT FOR CAPITAL COST OF STATE WATER PR03ECT FOR CALENDAR YEAR 1968 George Stamm, Water Resources Engineer, stated that the capital costs for the 19b8 year have been agreed upon by the Water Contractors Committee and the State, and the State requests the County to approve such capital costs, This has been reviewed by Counsel and Auditors Mro Stamm gave the Board a breakdown of the costso Mr, Stamm and the Auditor feel that the figures are justifiedo On motion of Supervisor Madigan, seconded by Supervisor Maxon and unanimously carried, the agreement for capital costs for 1968 calendar year water project was approved and the Chairman was authorized to signs 72-1285 GEORGE STAMM AUTHORIZED TO PARTICIPATE IN T1IE UPDATING OF THE JONESVILLE PROJECT STUDY Mre Stamm stated that the State requests participation by the County to secure data to update its Bulletin Noo 1370 Mr, Stamm requests Board authorization to participate in updating of this report, He said the Jonesville Dam Project is listed as a supplier to waters Request discussed, On motion of Supervisor Madigan, seconded by Supervisor Maxon and unanimously carried, George Stamm was authorized to participate in the updating of the Jonesville Project Study, Bulletin No, 137e 72-1386 APPROVE JOINT USE AGREEMENT WITH RECLAMATION BOARD FOR EASEMENTS ALONG LITTLE CHICO CREEK George Stamm reported that the County had acquired 5l easements along Little Chico Creek for the snagging and clearing projects and as the State Department of Water Resources does the annual maintenance work the Reclamation Board has requested a joint use agreement for these easementso Request discusseda On motion of Supervisor Maxon, seconded by Supervisor Ladd and unanimously carried, the joint use agreement with Reclamation Board for easements along Little Chico Creek was apg~aaed with State Reclamation Board and the Chairman was authorized to sign, Page 2400 August 1, 1972 August 1,_1972 72-1287 REPORT: SACRAMENTO VALLEY WATER DEVELOPMENT PRELIMINARY REPORT At the Soard meeting of 3uly 25th, the Sacramento Valley Water Development Preliminary Regort was referred to Mr, Stamm with a request that a report back be made to the Board on this dated Mr, Stanan stated that he has reviewed the report, It is basically the listing of six plans of water development, He said he did not feel that the County should give a recommendation on the plans at this timed Plans discussedo Board concurred with the :recommendation of Mre Stammo 72-1288 REPORT: COMMUNICATION FROM AS50CIATION OF STATE WATER PROJECT AGENCIES On June 27 the Board referred a communication from the Association of State Water Project Agencies to Mr, Stamm for reports They ask that Butte County consider joining the agencyo Mr, Stamm wrote to the organization and inquired about the benefits that Butte County might derive from joining the Associations He explained the benefitso Costs to the County would be about $426 a yearn He said his suggestion to the Board would be to wait a year, note their activities and then reassess the value of belonging to this agencyo Matter discusseda No action taken at this timed ,i72-1289 ADOPT RESOLUTION 72-131 AUTHORIZING SALE OF TAX DEEDED PROPERTY AND APPROVE AGREEMENT FOR PURCHASE BY OROVILLE UNION HIGH SCHOOL DISTRICT Mr, D, Co Swinney, Treasurer-Tax Collector, presents notice ~c~ Board of Supervisors of intention to sell tax deeded propertyo The property is located on Bridge Street in Oroville, minimum price $3y827, This sale was requested by the Oroville Union High School District, a public entity, per Chapter 8 Revenue and Taxation Code, An agreement for purchase of the property by the Oroville Union High School District has been prepared by County Counselo Agreement has keen signed by the High School District and Treasurer, and will require signature and approval by the State Controller, On motion of Supervisor Maxon, seconded by Supervisor Douthit and unanimously carried, Resolutinn 72-131 authorizing sale of Tax Deeded property was adopted, the Chairman. was authorized to sign, and the agreement for purchase of the tax deeded land by Oroville Union High School District was approved and the Chairman authorized to signo 72-_1_29_0 ADOPT ORDINANCE NO. 1284, THE SALARY ORDINANCE On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, Ordinance No, 128!x, the salary ordinance, was adopted and the Chairman was authorized to signo 72-1291 APPROVE PAYMENT FOR GOLDEN FEATHER FAIR FENCING PROJECT 8n motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, the payment of $525 to Donald Ro Long and Associates for the Golden Feather Fair fencing project was approved, x.72-1292 ADOPT RESOLUTION 72-135 APPROVING THE LIBRARY CONTRACT FOR BOOK PROCESSING On motion of Supervisor Maxon, .seconded by Supervisor Ladd and unanimously carried, Resolution 72-135 approving agreement for library contract for book processing was adopted and the Chairman was authorized to sign. 72-1293 TRAVEL REQUESTS APPROVED On motion of Supervisor Maxon, seconded by Supervisor Ladd and unanimously carried, the following travel requests were approved: Page 2410 August 1, 1972 Augusc i, 1972 1, Ji11 Johnson, Farm and Home Advisor office, to attend the State 4-H leadership conference to be held at U.Co Davis August 7 through August 11. Five nights lodgingo Estimated cost of trip $43. Travel by county car, 2, Neil McCabe, deputy county counsel, to attend Statewide Environmental . conference "Survival School" by the Attorney General to be held in Los Angeles August 7 through August 9, 19720 Number of nights lodging two. Estimat,~d cost of trip $1320 Travel by public transportation, 3. Dave Vasco, Assessor, to attend the semi-annual North Regional Assessor's Association meeting in Susanville August 8 through August 11, 1972, Three nights lodgingo Estimated cost of trip $108, Travel by private Car. 72-1294 DISCUSSION: RIGHT OF WAY EASEMENT FOR KIRBY USE PERMCT Dan Blackstock, County Counsel, reported on the situation concerning the use permit requirements for Mr, Kirby, Paradiseo Mro Kirby has offered to deed this easement to the County for $3,000, After negotiating with the owner, they came back with an offer of $2,000 for the land required. The owner's attorney feels that the County's requirement is a little unreasonable. Mr, Blackstock said he has discussed this matter with Mro Kirby and his attorney, Time spent discussing the offer by Mr, Kirby. Supervisor Ladd said he would Like to be fair with Mr. Kirbyo If Mro Kirby builds the trailer park, there would be costs for the placing of approaches to the trailer parko Mr, Castleberry said the County would have asked him to widen his side of road and to improve the road, It was moved by Supervisor Maxon, and seconded by Supervisor Douthit that payment of $2,000 for the acquisition of 1,581 acres necessary for the realignment of the road adjacent to Mro Kirby's property be approved, as requested by Mro Kirbyo AYES: Supervisors Maxon NOES: Supervisors Douthit, Ladd, Madigan, and Chairman Gilman Mr, Blackstock said he caould assume that the County has now formally rejected the apgeal of Mro Kirbyo Chairman Gilman said that was the direction given, 72-1295 APPEARANCE: HENRIETTA MOORE, OROVILLE, WELFARE REQUEST FOR VIOLA HURLEY Mrs, Henrietta Moore, D Street, Oroville, said she would like to present a Welfare problemo She said she tries to help people that need helps She would like the Board to consider the problem of Mrs, Viola Hurley, Mrs, Hurley has been sent to many doctors concerning her illness, Mrso Moore feels that Welfare has treated Mrs, Hurley very cruelly. She sent Dr. Baily's letter to the Board members, She asked what could be done for Mrs9 Hurley, Chairman Gilman said he would suggest that Supervisor Douthit meet with Ed Robinson and discuss this situation with him, Supervisor Douthit said he would meet with Mr, Robinson and will report back to the Board. Mrs. Moore also informed the Board about the case of Sherman Overstreet. She feels that a housekeeper should be provided for Mr, and Mrs, Overstreet. Mrs, Moore explained the request of Mro Overstreet, and requested that the Board give consideration to the request. Pa~•~ 242 , August 1, 1972 _--____=====August=1~19Z2= W_______________~ 72-1296 INTRODUCTION OF MR', YOSHIHARU TAKANO & KAZUNORI UCHIUMI, TWO YOUNG JAP2iNESE EXCHANGE STUDENTS SPONSORED BY LOCAL LIONS CLUB: ADOPT RESOLUTIONS 72-132 & 72-133 Mayor Winston, Orovlle, x,~troduced Mr. Yoshiharu Takano and Mr, Kazunori Uchiumi, two young Japanese exchange students sponsored by the local Liona Club. He said these boys were guests in local family homes, Chairman Gilman welcomed the boys and told them that he hoped that they would take back their experiences here in Oroville and share them with their friends in Japan. On motion of Supervisor Maxon, seconded by Supervisor Ladd and unanimously carried, Reso3.utions No. 72-132 & 72-133 acknowledging the privilege of being introduced to Mr. Kazunori Uchiumi and Mro Yoshiharu Takano were adopted and the Chairman was authorized to sign. 72-1297 APPEARANCE OF MRS', FRANKLIN BUTLER. REQUESTING LARWIN TO SUBMIT REVISED MAP Mrs. Franklin Butler appeared to discuss her letter to the Board requesting that the Board ask Larwin to sumit a revised map, Request explained. Mr, Castleberry said there were 368 lots in this subdivision; this works out to about 1,38 lots per acre, This refers to Unit ~~16, Mr, Castleberry set out the area and the problem involvedo Unit ~k16 was approved by the Board of Supervisors this springo The people in the area said they did not know this was before the Board, otherwise they would have appeared before the Board and objected to approval of the mapo Mrs. Butler said the peop'1e in the area would appreciate Board's consideration in this mattero Matter discussed; no action taken. 72-129$ APPEARANCE OF MR, WILBER GANOW, OPPOSES VISTEC DEVELOPMENT Mr. Wilber Ganow, Bidwell Avenue, Chico, said his property adjoins the Vistec Development and he would like to protest this development, He said this property was purchased from General Bidwell and he would like to live the rest of his life on this property. He explained his opposition to this development. Discussed; no action taken. Mr. Snell said his property was next to Mr. Ganow and he also protests the Vistec Development, Mr. T. W. Bailey said he also protested the Vistec Development. His property is adjacent to Mr. Sne11's property, 72-1299 PUBLIC HEARING SET: NORMAN L. HELLMAN PROPOSED REZONING FROM "R-4" TO "C-C" DISTRICT, SOUTHEAST CORNER OF COHASSET ROAD AND CHRTSTT LANE. CHICO P. public hearing was set for August 22, 1972 at 1:30 p,m, on the Norman L. Hellmann proposed rezoning from "R-4" to "C-C" district for that property located on the southeast corner of Cohasset Road and Christi Lane, Chico, identified as AP 48^33-22, 72-1300 TENTATIVE MAPS APPROVED On motion of Supervisor Maxon, seconded by Supervisor Ladd and unanimously carried, the following tentative maps were approved: A, Roy Bowling, AP 26-18-19, 2 lots, Messina Avea, and Upper Palermo Road, Oroville, Surveyor; Cook & Assoco B, Robert Wallace and Howard Holman, AP 40-11-53, 3 lots, east of Lott Rd ,, south of Carden Road on the corner, Durham. C, Robert Norlie, AP 44-30-47, 2 lots, off Cohasset Rd, northeast of Chico, Engineer: Walter B, Grimes & Assoc, Do Rollen Waterson, AP 37^45-90, 2 lots, Marysville-LaPorte Rd,, near Clipper Mills, Engineer: Walter B, Grimes & Assoc, Page 243. August 1, 1972. August 1, 1972 72-1301 REPORT ON CORRESPONDENCE RECEIVED FROM THE RESOURCES AGENCY REGARDING ADMINISTERING OF THE pPEN SPACE SUBVENTION ACT Jim Lawson, Planning Director, reported on the correspondence received from the Resources Agency regarding the administering of the Open Space Subvention Acta He said he has a report that is being typed that he will present to the Board menb erso This relates to the disbursement of open space act fundso In order to receive any of these funds the County has to indicate prime lands or non-prime lands within -- the County. He said that it is difficult to receive funds under the non-prime land section9 and he said that most of the Butte County lands were non-prime lando He said he doubted if any of the Agricultural agreements would qualify under the prime Iand, Mr, Lawson explained the situation. Land under the act set out and discussed. Time spent discussing the Act and report that would have to be made by the County by August 315to Mro Lawson said he did not think the County could comply with the requirements, Guidelines would have to be set; the applications would have to be identified as prime land or non-prime Lando The pleasure. of the Board is that Mr, Lawson should plug away on the matter and attempt to get something worked out by the 31st of Augusto It was moved by Supervisor Madigan, seconded by Supervisor Maxon and unanimously carried, that the County pursue the study and report for the Open Space Subvention Act funds with all due deligence, RECESS: 12:00 RECONVENED: 1:30 72-1302 PUBLIC HEARING: VIRDEN GREGORY - APPEAL TO THE PLANNING COMMISSION'S DENTAL OF USE PERMIT ON PARCEL 50-7-37 The public hearing on Virden Gregory's appeal to the Planning Commission's denial of use permit on Parcel 50-7--37 was held as advettised. Jim Lawson, Planning Director, summarized the action of the Planning Commission, Hearing opened to the public, Appearing in opposition• 1. Virden Gregory, applicanto Mr, Gregory stated that all the the land would be used for is an office and storage place, There would be no manufacturing, Supervisor Maxon stated that many of the people thought that they were going to put a cement plant ina Because this is mainly a residential area this was of great concern to the peopled Mro Lawson sFa ted that the trucks going in and out would cause dust and the people would complaino Mr. Gregory stated that it would just be a place to store their materials until they are neededo They may do some work at their office but there would be no big projects done there, All of the big projects are done wherever they are calledo The only work at their office would be when they had leftover concrete. Sam Intermill, Paradise, Mr. Intermill stated that one reason they had such a large shop is so they can hide their trucks and other items. They do not intend to pour any concrete on the property except some steps or piers with the leftover concrete, Page 244. August 1, 1972 W =_____=====9ug~ist=1~ ~.9?2_________________ Lou Logue, Paradiseo Mro Logue doesn't feel that this is completely a residential areao There are two commercial businesses in the area, They have left all of the trees and they have only cleared the ground in the backo Appearing in favor of the Planning Commission`s decision: No one, Hearing confined to the Board. Supervisor Maxon felt that this business would not be a problem. The people were concerned because they thought manufacturing would be allowed in this use permito He wants it to be clearly stated as to what they can do on the propertyo Mro Lawson suggests that they eliminate any possibility of onnand- off traffic stirring up dust and delivering materials, He also stated that he had a petition with 3 0 names of people opposed to the business. Supervisor Maxon stated that the conditions of the use permit could be reviewed in a period of one year if there were complaints. Supervisor Douthit asked if there is a trend for more commercial zoning in the areao Mr..Lawson answered his question by stating that the Board could maintain it as a residential area even though there is some commercial business in the areao On motion of Supervisor Maxon, seconded by Supervisor Douthit, and carried, the application of Virden Gregory for a Use Permit for a building material business on the Skyway north of Rocky Lane, Paradise, on Parcel 50-7-37 was approved with the stipulation that there be no on-site manufacturing and that the use permit be reviewed in a period of one year. AYES: Supervisors Douthit, Ladd and Maxon NOES: Supervisors Madigan and Chairman Gilman Following a discussion of the above motion, Chairman Gilman advised Supervisor Ladd that he could either make a new motion or change his vote. Supervisor Ladd changed his vote on the original motion approving the use permit from an "Aye" to a "No" vote, AXES: Supervisors Douthit and Maxono NOES: Supervisors Ladd, Madigan, and Chairman Gilmano On motion of Supervisor Maxon, seconded by Supervisor Douthit, and carried, the Virden Gregory application for a use permit was approved, subject to the condition that a solid line fence be built which will run 100 feet from the front line on each side of the property, and that condition Number three of the Planning Commission's report be held for further review,with all other conditions applying and with the stipulation that there be no on-site manufacturing. AYES: Supervisors Douthit, Ladd and Maxon NOES: Supervisor Madigan and Chairman Gilman Jim Griffith, deputy County Counsel, stated that Mr, Lawson should notify the people as to the change in the motion. 72-1303 PUBLIC HEARING: FRANK ACHSTATTER AND MRS. LORENE KLEIN, PARADISE: APPEAL IS FILED TO THE PLANNING COMPLLSSION'S DENIAL FOR USE PERMIT TO CONSTRUCT DUPLEXES ON THE SOUTH SIDE OF DAMROW LANE PARADISE The public heariag on the Frank Achstatter and Mrs. Lorene Klein appeal to the Planning Commission's denial for use permit to construct duplexes on the south side of Damrow Lane, Paradise, was held as advertisede Jim Lawson, Planning Director, summarized the action of the Planning Commission. Hearing opened to the publics Appearing in support of the appeal: 1. Lorene Klein. Mrs, Klein stated that she has purchased an Page 245 August 1, 1972 _August 1,_1972' additional 40 feet for access easement which has been recorded, She feels that putting up a new duplex is upgrading instead of downgrading, Mr, Lawson stated that one •,f the concerns was the accesso Mrs, Klein said that she is anxious to start building, Appearing in opposition: 1, Charlotte Brown, Mrs. Brown claims that there cannot be a 40 foot access on Damrow Lane, Mrs. Klein again stated that this has been recorded, to Clay Castleberry stated that they could go over/the Recorder's Office and check on this matter, RECESS: 2:40 RECONVENED: 2:50 Mr. Castleberry, after checking with the Recorder's Office, stated that money has been posted for the additional 20 feet and that it is now in escrow, It has not yet been recordedo Louise Damrow, Mrs, Damrow is against the duplex because there are too many people on Damrow Zane nowo She is concerned with the traffic problems the duplexes may create, Hearing closed to the public and confined to the Boardo Supervisor Madigan asked if Mrs. Klein would dedicate an additional 20 feet across the front of the property. Mrs, Klein stated that she would do so if this is necessary. On motion of Supervisor Ladd, seconded by Supervisor Madigan, and carried, the use permit to construct duplexes on the south side of Damrow Lane, Paradise, was denied, AYES: Supervisors Ladd, Madigan and Chairman Gilman NOES: Supervisors Douthit and Maxon, 72-1304 APPEARANCE OF MRS, JAMES M, BEST Mrs, James M, Sest, Paradise, took this time to bring up the problems on Valley View Drive, She objected to the action on the injunction suit being handled by County Counsel, She feels that there shouldn't be any more development until there are additional access roads built. 72-1305 PUBLIC HEARING: AUGUST 0, HEINTZ-PROPOSED REZONING FROM "A-R" (AGRICULTURAL-RESIDENTIAL) TO "AR-MH" SKYLINE BLVD, 400 FEET WEST OF LA MIRADA AVENUE1 IDENTIFIED AS AP 34-45-06 & 07 & 49, OROVILLE The gublic hearing on the August 0, Heintz proposed rezoning from "A-R" (agricultural-residential) to "AR-MH" Skyline Blvdo, 400 ft, west of LaMirada Aveo, identified as AP 34-45-06 & 07 & 49, Oroville, was held as advertisedo Jim Lawson summarized the action of the Planning Commissiono Hearing opened to the public. Those appearing in favor of the proposed rezoning: 1. Norris Goodwin, attorney at lawn Mr, Goodwin stated that the Heintz's Page 2460 August 1, 1972 Au~ust_1, 1972 want to put a mobile home on their three acres to live ine They have landscaped the property and this definitely would not be an eyesores He stated that they could build a house for the same amount of money that they paid for the mobile home and it would not be as attractive as the mobile home, He presented the Board with pictures of the surrounding area and stated that they plan to put the home on a concrete base, and acquire the necessary permits for a septic tank, He feels that this is a reasonable requests He hopes that the Board will approve the proposed rezoninga Appearing in opposition to the proposed rezoninga to Don Gordon, 33 Skylines Mro Gordon spoke for a group of homeowners in the area, He presented a petition with 101 signatures that are concerned enough to oppose the rezoninga He Feels that when people buy property that they should be assured that the current zoning will not be changedo 20 Francis Kram, Mrs, Kram is concerned with the fire hazard on mobile homes, The doors are narrow, making it harder for people to get out and the fire department to get in, 3a Marie Hodsono Mrse Hodson does not want the area to be rezoned, She feels that more mobile homes would move in, 4o Velma Stooksberry, Mrso Stooksberry stated that she was against the rezoning for the same reasonso Mro Goodwin stated at this time that when people signed the petition that they were under the impression that the whole area would be rezoned, The 32 acres that the Heintz's own is the only portion that would be rezoned, Hearing closed to the public and confined to the boards Supervisor Ladd felt that it would not be right to make an exception because there are a lot of homes in this areas Clay Castleberry stated that the walls would not meet the building code for homes because of the way they are constructed. On motion of Supervisor Ladd, seco;aded by Supervisor Madigan and unanimously carried, the August Oo Heintz proposed rezoning from "A-R" to "AR-MH" for property located on the north side of Skyline Blvd,, 400 fto west of La Mirada A~.e,, identified as AP 34-45-06 & 07 & 49, Oroville, was denied as recommended by the Planning Commission, 72-1306 PUBLIC HEARING: CLIFFORD C. FERNER, PROPOSED REZONING FROM "A-R" (AGRICULTURAL-RESTDENTTAL) DISTRICT TO "AR-MH" (AGRICULTURAL RESTDENTIAL- MOBILE HOME) DISTRICT FOR THE AREA LOCATED NORTH OF QUINCY ROAD, OROVILLE IDENTIFIED AS AP 34-19-59 The public hearing for Clifford Co Ferner for proposed rezoning from "A-R" (Agricultural-residential) district to "AR-MH" (agricultural residential- mobile home) district for the area located north of Quincy Road, Oroville, was held as advertisedo Jim Lawson summarized the action of the Planning Commission, Hearing opened to the publics Appearing in opposition: no one, Hearing closed to, the public and confined to theSoard, Page 247, August 1, 1972, _____-_=-__August 1,_1972===_=_-====W =___ ADOPT ORDINANCE N0. 1285 Ozt motion of Supervisor Maxon,s=_conded by Supervisor Douthit an,d unanimously carried; Ordinance No. 1285 zoning a portion of the County of Butte, an "AR-MH" {Agricultural residential-Mobile Home) District, pursuant to Ordinance No, 475, as amended, was adopted and the Chairman was authorized to sign. RECESS; 4:10 for an executive session RECONVENED: The Board reconvened at 5:05 following an executive session, 72-1307 ADOPT RESOLUTION 72-134 ADOPTING EICPENDITUFtES FOR FINAL BUDGET Bill Lawrence, assistant Auditor, announced that the utility roll was in and that it is up this year over last year, He presented a list of budget changes made during budget sessionso He said at this time the Board should approve the reserve for contingencies, At the rate proposed, the tax rate would be set at $2.58 for the fiscal year 1972-73. Budget discussedo Clif Nickelson, Administrative Officer, explained the amounts proposed for the General Fund9 as follows: $ 300,000 - Base 150,000 - Salary adjustment 300,000 - Hospital cash flow 100,000 - sprinkler _ b5,000 - generator 915,000 85,000 - Cushion that would cover medical problems $1,000,000 Total . Mro Lawrence stated that the Auditor felt this would be a good figure for this account, Total Reserve $ 3,397 - Fish & Game 149,400 - Road 1,000,000 - General $1,152,797° It was felt that this money for the hospital should be set out on the tax bills so that the people would know what the hospital is costinga Money in reserve discussed. It was moved by Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried that monies that are appropriated for the hospital have a separate tax rate and that they be placed on the tax bill as a separate tax rate. Resolution discussed. On motion of Supervisor Maxon, seconded by Supervisor Douthit and unanimously carried, Resolution 72-134, a Resolution adopting expenditures for Final Budget for Fiscal Year 1972-73, was adopted and the Chairman was authorized to sign. 72-1308 APPROVE APPOINTMENTS TO COMMCSSION ON SENIOR AFFAIRS On motion of Supervisor Madigan, seconded by Supervisor Maxon and Page 248, August 1, 1972 ---------====August 1,-1972 =-____--_______ unanimously carried, Agnes Dix and Gail Wallace were appointed to serve on the Commission on Senior Affairs. Chairman Gilman brought up the fact that the Commission on Senior Affairs will spend county money which they have little control over as it is spent. Mr, Mickelson and County Counsel will report back to the Board next week on the matter of spending of funds by the Commission of Senior Affairs. Supervisor Ladd said he would like a full report of the costs for this commission and the benefits that will be derived from it, Supervisor Douthit said a study should be made of all these commissions and committees concerning the expenses and benefits. RECESS: The Board recessed at 5:30 p.m, to reconvene on Wednesday, August 2, 1972 at 7:30 p>m. at the Chico Memorial Hal1> ., a; .. .. ,. ,. ~a :: .. ~ ,. August 2, 1972 The Board of Supervisors of Butte County reconvened at 7:35 p.m. for the purpose of attempting to come to a decision relating to a use pere-it of the Vistec Corporation. Present: Supervisors Douthit, Ladd, Madigan, Maxon and Chairman Gilman; Dan Blackstock, County Counsel; James Griffith, Deputy County Council; Lawrence J, Lawson, Director of Planning; Pat Moilanen, Reporter; and Clark A. Nelson, County Clerk, by ©. Elkins, Board of Supervisors' Clerk pro tem. Tt-e meeting having been closed to the public at last week's hearing, the Chairman asked Mr. Blackstock to make comments as to what options are open to the Board at this time. Mr. Blackstock stated the Board must act strictly on the basis of police power, that the Board cannot, under the law, react to the threat based on a proposed suit to be brought by Vistec. The ordinance by which this area was zoned called fora use permit for any development of the area. A permit was granted September 14, 1971. Mr. Blackstock reviewed proceedings in past meetings. It was his recommendation that the Board consider taking no action but Iet the use permit remain as is. i7nless a use permit is utilized within one year from date of granting, it is then void thereafter. The question is of a sewer system being operated and maintained by a public agency. 'J°he Board's consideration is reasonable from the standpoint of common sense and also from experiences in this county as well as in other counties, concerning sewer systems operated privately that are improperly maintained. The problems have been very serious, There is no question of water quantity control, starting with federal government on down to counties and cities. It would appear that since the Planning Commission has had Page 249,. August 1, 1972 August 2, 1972 under consideration the zoning of this area, there is a possibility of refer- ring this Vistec property back to the Planning Commission to determine if the Supervisor Maxon inquired about Service Area No. 44. Mr. Blackstock replied that is not being considered here. Mr. Alsou R. Kemp, Jr., appearing on behalf of Vistec Corporation, asked about Soard's power to deny or to allow Vistec to conform to rules already set out by the use permit. Mr. Blackstock told him there would be no "community sewer system" by allowing Vistec to build a private sewer system and under the specifications of either State or County. Comments were made by Chairman Gilman, Supervisor Maxon and Mr. Kemp, Chairman Gilman said the Board has been trying to bring this matter to a conclusion, primarily because of the nonsupport of the people in the area of this project. It was his opinion that if action was not taken to stop encroachment of agricultural land to the west, "we are going to land ug in the river." Secondly, the project is improbable from the standpoint of the people in the area. There has been an expression of uninimity. All of the people in this area do not want this project because it is not in the proper area. Chairman Gilman said further, traffic as it now exists in the area has not been presented herein. Some of the people pointed out streets like Sacramento Avenue as not being groper kind of congestion that would be good to navigate through. He sympathized with the people from Vistec and realized the amount of funds already expended; however, he feels that as a representative of the people, he should hear what they have to say. Supervisor Maxon said the Board has a bound responsibility to make sure each individual can use the land profitably, He said it has been determined that at least part of this land does not lend itself to agricul- tural use. Chairman Gi,Iman asked for a motion of some kind to help in making a decision. Supervisor Madigan made a motion that no action be taken at this time and then let the use permit run out. 'The motion was seconded by Supervisor Ladd and after a discussion was carried with the following vote: AYES: Supervisors Ladd, Madigan and Chairman Gilman NOES: Supervisors Douthit and Maxon Chairman Gilman made a motion to refer this problem for zoning or land use back to the Planning Commission for study to determine if the land use is in conformity with the General Plan, The motion was seconded by Supervisor Madigan. The motion carried with the following vote: AYES: Supervisors Douthit, Ladd, Madigan and Chairman Gilman NOES: Supervisor Maxon Mr. Kemp spoke again saying, "Tell the people how they can comply or tell them to revoke it and go home. Supervisor Ladd said 'rie has reviewed all papers pertaining to this matter, It is the intention of the Board members and the understanding that the People from Vistec all meant to connect with the City of Chico sewers. When granting any use permit for anything that has a condition to it, it is the understanding that those conditions have to be met and without meeting those, there is no permit. Page 250, August 2, 1972 August 2, 1972 ADJOURNMENT Upon motion made by Supervisor Ladd, seconded by Supervisor Madigan, and carried unanimously, the meeting was adjourned at 8:20 p.m. to reconvene on Tuesday, August 8, 1972, at 9.00 a.m. ATT\EST:I1 CLARK A. NELSON, County Cle By : w Board of ervisors' 2erk Page 257.0 August 2, 1972