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HomeMy WebLinkAboutM082074August 20, 1974 STATE OF CALIFORNIA } SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Cameron, Ladd, McKillop and Chairman Madigan. C1if Nickelson, Administrative Officer, Dan Blackstock, County Caunsel, and Clark A. Nelson, County Clerk by Margie Catt, Board of Supervisors Clerk. Absent: Supervisor Gilman. Pledge of allegiance to the Flag of the United States of America 74-1246 APPRO'UAL OF MINUTES On motion of Supervisor McKillop, seconded by Supervisor Cam€tre9n and carried, the minutes of August 13 and 14th, 1974 were approved as mailed. SUPERVISOR GILMAN EXCUSED On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, Supervisor Gilman was excused due to his attendance at another meeting. 74-1247 COMMUNICATIONS Mrs. Edward L. Belly, Paradise. Appeal is filed concerning road seq+airement, f! 3,n ~ as well as size of land division. Discussed. County Counsel stated that attorney for applicant will appear later in the meeting. William A, Laird, Paradise. Mr. Laird writes regarding the sign problem, ~j'~0 O,O Q particularly real estate signs, and encloses pictures as examples. Referred to Clay Castleberry for answering; copy to go to Bd. of Realtors. Residents of Cabrillo Drive, Chico. Six persons residents on Cabrillo Drive send copy of their letter to the Planning Director regarding 'j 3 ~ ~ drainage problem caused by the development of a mobile home park between that area and Lassen Avenue, Referred to Clay Castleberry. Matter to be brought back later with a resolution. John E. Stevens, San Rafael. As part owner of Section 35, Township 20, 1~.~ ~ Mr, Stevens expresses support for zoning for 160 acre minimum lot sis~. Information; no action taken. PhiL13p C. Houx, Chico. Mr. Houx sends two communications regarding the ~ Tri Counties Bank on Assessor's parcel 44-54-38, He requests / 3 .~ scheduling before the Board on this matter, and also requests temporary approval of a septic tank for this development. To be discussed later in the meeting. v S & H Engineering Thousand0aks. The Engineering firm writes regarding ~`t<~ ~ problems with utilities on the Skyway road contract. Discussed; clerk to send copy of Letter to County Counsel. Oroville Junior Women's Club. The Club expresses their appreciation for the expeditious manner in which the request for a flagpole was ~ 5. 0 ~ handled at Playtown U,S,A, Information only. Sierra Club - Yahi Group. Support is expressed for the Chico Area Recreation ~ ~ Z 5 and Park District's request for federal revenue sharing funds. Discussed; to be discussed when revenue sharing funds are discussed. Superior California Comprehensive Health Planning Association. The Association 0 ~ sends notice of public hearing set for August 29, 1974 at 7:30 p.m. in ?> Q S the Supervisors room, Orovilie, to consider application from Medical Center Hospital for 14 acute care beds. Supervisor Cameron will attend this hearing, Larry Gillick, Sheriff-Coroner, Sheriff Gillick writes regarding jail -V ~ security. Discussed; no action taken at this time. ~-~~ Page 202. August 20, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Mugu si 20s 1924= _ _ _ _ _ _ _ _ _ = W = _ City of Chico. Mayor Ringel writes to suggest continuing the meetings f ~ d,~ (~ regarding Chico Area Planning Commission and related problems. Discussed; meeting date set for September 17, 1974 at 2:00 p.m. City of Biggs. The City forwards Resolution No. 14 establishing tax rate ~ O O,.fl s for the curtest fiscal year. Referred to Auditor. City of Biggs. The City Council recommends studying and changing of the speed v~l limit from Dry Creek Bridge on Railroad Avenue to the Biggs city 5 limits to 25 miles per hour. Referred to Director of Public Works. Richvale Recreation and Park District. Ttse District files resolution requesting /p ~,d J consolidation of election. Referred to County Counsel. I Oroville-Wyandotte Irrigation District. The District forwards results of Resolution 874 for setting tax rate for the District far the 1974-75 ,b0.5 ~ fiscal year, and also forward-. schedule of delinquent accounts to be added to the tax rolls. Referred to Auditor. Yuba County Water District. The District requests to be placed on the v 0 agenda this date to request consolidation of special bond election 0rj. with General Election. They will present resolution at that time. Referred to County Counsel. Pioneer Union School District. The District files resolution requesting ~ ~ ~.d c) consolidation of election. Referred to County Counsel. County Supervisors Association of California. The Association writes regarding SB 1652 (Roberti) which would increase business inventory ~ exem tion to 100% b 1980. The re uest all counties toe ress ! O 0. ~v5 p Y Y 4 xP strong opposition to this bill. Discussed; Supervisor Cameron expressed his opposition to this bill. See motion following communication. Department of Real Estate. The Department files order to Desist and } ~•r~ 0 4 Refrain No. H-952 SAC Discussed; no action taken at this time. State Treasurer. The Treasurer forwards a letter from Mrs. Veronica T, K.a~s regarding certain difficulties with the Treasurer-Tax ~/ Z.O~ Collector in addressing and mailing tax bills. Discussed; hills are sent to trust8e. Mr. Vandegrift will write letter; Chairman to sign. Congressman Harold T. (Bizz) Johnson. Mr. Johnson writes that the Senate has concurred in the $10 million appropriation made by the House ~ 0 Q.3 ~ for purchase of the land at Lake Tahoe which would make the Fibreboard exchange unnecessary. Information only; to be placed in €i1e. Congressman Harold T, (Bizz) Johnson. Mr. Johnson writes regarding National Park Service meetings regarding "planning options, Lassen Volcanic National Park." Information only; place in file along with similar correspondence. U.S. Senator Lloyd Bentsen. The Senator expresses thanks for Butte County's ~ O O.Z L letter and interest in S. 3601 as expressed in letter to Senator Tunney. Information only. Phillip C. Houx. Appeal of decision of subdivision act subcommittee denying the certificate of compliance in regard to Mr. Holland ~ d and Mrs. Wright. Dan Blackstock, County Counsel, stated that ~~ 3 - these people are going to be appealing to the State and he suggested Chat the Board set their hearing after the State holds their hearing. Mr, Blackstock will call the State and determine when their hearing is to be held and will inform the Board of their hearing date later in the meeting, OJ Mrs. Iamma Elam, Feather Falls. She sets out her feelings concerning /~~'• high density population in the Feather Falls area. Rohr A. Alston, Feather Falls. Sets out opposition to the Feather Falls development. p 0 Hold until hearing. Page 203. Jf3• August 20, 1974 _ _ _ _ _ _ _ _ _ _ _ _ ~ = August=20,=1974 = _ _ _ _ _ ~ _ _ _ _ _ _ _ Dr, Edmund J. Mannion, President of the Board-Chico State University, Chico. He states that the Board of Directors of the Feather River Opportunity Center wishes to acknowledge and commend the Board of Q ~•~ Supervisors and the appointed social service committee for proceeding with the difficult task of creating a priority list of agencies requesting assistance from the revenue sharing entitlement. Read and discussed. Robert J. Wapple, Supt. of Schools-Yuba County. File the tax rate to be levied in Clipper Mills School District and Former Forbestown School District. ~ D ~'~ a Also tax rate for Yuba Community Callege School District; Marysville Joint Unified School District. Referred to Auditor. Glynn J. Douthit. Request the Board instruct the proper official to refund the filing fees to those people who ran for office. Read and discussed. 0 ~,Q v Referred to County Counsel for study and report back to the Board. 74-1248 ADOPT RESOLUTION 74-112 REQUESTING LEGISLATION TO AMEND REVENUE AND TAXATION CODE SECTION 2216 Dan Blackstock, County Counsel, presented a resolution requesting Legislation to amend Revenue and Taxation Code Section 2216, for fire protection purposes, for Board consideration. This is to establish the tax rate in the unincorporated area of the County. This was prepared as a result of the comments made by the Board of Supervisors last week. Resolution and its purpose explained by Mr. Blackstock. Resolution discussed. On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, Resolution 74-112 requesting Legislation to amend Revenue and Taxation Code Section 2216 was adopted and the Chairman was authorized to sign. AYES: Supervisors Cameron, McKillop and Chairman Madigan NOES: Supervisor Ladd ABSENT: Supervisor Gilman 74-1249 AUTHORIZE LETTER TO REVENUE & TAXATION COMffiTTE OPPOSING SB 1652 On motion of Supervisor Cameron, seconded by Supervisor McKillop and carried, a letter was authorized to be written to the Rev enue & Taxation Committee of CSAC, with a copy to the Governor, opposing SB 1652. 74-1250 LETTER IN OPPOSITION TO INCREASE IN WATER RATES AS PROPOSED BY CALIF. WATER SERVICE On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, a letter in opposition to the increase in water rates as proposed by the California Water Service was authorized to be nrritten, concerning the Oraville area. 74-1251 APPROVE WORKING AGREEMENT WITH CONGREGATION BETH ISRAEL FOR HEAD START FULL DAY PROGRAM Nadeen West, interim EOC Director, presented a working agreement with Congregation Beth Israel for Head Start Fu11 Day Program. The agreement has been approved by County Counsel and County Auditor. Agreement discussed. On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, the working agreement with Congregation Beth Israel for Head Start Full Day Program was approved and the Chairman was authorized to sign. RECESS: 10:00 RECONVENED: 10:20 74-1252 APPROVE CORRECTION TO MINUTES OF AUGUST 13th Supervisor Ladd said he felt that there should be_a correction to the minutes of Last week in the motion concerning the denial of the Oaks Park on Olive Highway, ~ag°ei~~.4e: for additional rental spaces. August 20, 1974 August 20, 1974 It was his intent that the use be denied without prejudice. The Board members approved this correction to the motion. Clerk to make said correction. 74-1253 APPROVE TEMPORARY ASSIGNMENT TO COLLECTION SUPERVISOR The treasurer has requested temporary assignment of Patricia Edwards, tax control clerk, to the position of collection supervisor. The Board has sutherized a six month leave of absence for Joyce Rowell, collection supervisor. Temporary assignment is permitted for pay purp®ses only under Section 9.5 of the Personnel Rules. On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, the temporary assignment of Patricia Edwards to collection supervisor through January 31, 1975 was authorized. 74-1254 WAIVE FIRST READING OF THE SALARY ORDINANCE A salary ordinance amendment has been prepared implementing the personnel changes authorized in the 1974-75 county budget. Ordinance discussed. On motion o Supervisor McKillop, seconded by Supervisor Cameron and carried, the first reading o£ the salary ordinance was waived. 74-1255 AWARD OF BI-. REROOFING OF JUVENILE HALL: PUT OVER AT THIS TIME Award of bid for reroofing of Juvenile Hall discussed. It was suggested that it might be well to try for a less expensive way to get through the winter without a complete reroofing at the Hallo The committee could meet with the architect and discuss the roof at Juvenile Hall. Action put over at this time. 74-1256 APPROVE CHANGE ORDER N0. 1, REMODELING OF OLD LIBRARY BUILDING FOR DATA PROC. On motion of Supervisor Cameron, seconded by Supervisor Ladd and carried, Change Order No. 1 to contract with Tandy and Son for remodeling of old Library building for Data Processing was approved in the reducing amount of $823 for detachable partitions as specified in bid alternate. 74-1257 ANNOUNCEMENTS Clif Mickelson, Administrative Officer, stated that the Board members were invited to attend a Coffee Klatch this Friday at the Chico Health Department. Mr. Mickelson said he had placed an outline of the General Plan on- theBoard members' desks. If the Board members have any comments, Mr. Mickelson will forward them on to the appropriate parties. 74-1258 APPROVE REPRESENTATIVE OF CITY OF CHICO TO BE ON SOLID WASTE COMMITTEE Mr. Mickelson said he had placed a copy of a letter from the City of Chico. They would like one of their members to be on the Solid Waste Committee. Clay Castleberry suggested that the members be invited to attend the meetings. It was moved by Supervisor McKillop, seconded by Supervisor Cameron and carried, that a member from the City of Chico be invited to attend the meetings of the Solid Waste Committee. 74-1258 ADOPT RESOLUTIONS 74-i13 & 74-114 IN THE MATTER OF THE SALE OF TAX DEEDED PROPERTY BY THE COUNTY TAX COLLECTOR On motion of Supervisor Cameron, seconded by Supervisor Ladd and carried, Resolutions 74 -113 and 74-114 in the matter o£ the sale of tax deeded property by the CountyPage ~8511ector (40 to be sold at public August 20, 1974 --------------August20~, 1974=~..__--_---_______ auction and 2~ to be sold by sealed bids) were adopted and the Chairman was authorized to sign. 74-1253 APPROVE APPLICATIONS FOR CIRCUS LICENSE TO BE HELD BY CALIFORNIA DIVISION OF FORESTRY EMPLOYEES California D~.vision of Forestry Employees file application for circus at the Montgomery Ward parking lot in Oroville September 21 and 22 and in Ct<ico on September 23 and 24. They request waiver of fees. Application approved by Sheriff. 50% of net proceeds to go to Forestry Employees Association for disability and survivors fund, Request for waiver of fees discussed. It is the Board's policy not to waive these fees due to the clean-up charge, police patroling the area, etc. On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, the applications for circus license was approved for the California Division of Forestry Employees to hold circus in Oroville September 21 and 22 and in Chico on September 23 and 24, without the fees being waived. 74-1254 ADOPT RESOLUTION 74-115 REPLENISHING CASH DIFFERENCE FUND A resolution has been prepared authorizing the Auditor to issue a warrant in the sum of $121.81 to replenish the cash difference fund of the Treasurer-Tax Collector. Resolution discussed. On motion of Supervisor Ladd, seconded by Supervisor Cameron and carried, Resolution 74-115 replenishing the cash difference fund of the Treasurer-Tax Collector was adopted and the Chairman was authorized to sign. 74-1255 REPORT ON COST IMPACT OF COMPENSATION INSURANCE MODIFICATION FACTOR INCREASE FROM 72% to 104% Bill Lawrence, County Auditor, gave a report on cost impact of compensation insurance modification factor increase from 72% to 104%. He said he felt the increase was so.significant that it should be brought to the Board's attention. Mr. Rackerby also commented on this item. There has been a high influx of long disabilities. The County will not receive a premium back this year. hates discussed. Mr. Rackerby explained the matter of accident history and frequencies. He said he would be appearing before theBoard soon with a safety plan program, The Public Works Department and the Sheriff's Department are high risk accident rates. Mr. Rackerby feels that with good safety practices, the County can cut these rates. ReporC discussed; no action taken at this time. 74-1256 PUBLIC WORKS ITEMS APPROVED: WAIVE FIRST READING OF ORDINANCE ESTABLISHING SPEED LIMITS ON CERTAIN COUNTY ROADS On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, the following action was taken: 1. Approved release of maintenance bond for Waters Subdivision. 2. Waived first reading of ordinance establishing speed limits on certain county roads. 3. Approved construction of Sherman Avenue between the city limits and Fifth Avenue by using unit bid prices received by the City of Chico on its portion of this project, minus move-in costs; and approved transfer of minor Sheridan Avenue project funds to Sherman as project costs will be about $15,000. Page 206. August 20, 1974 ______ ________ August 201=1974=====___________ 74-1257 INFORMATION ITEM: REQUEST BY UNITED GEOPHYSICAL CORPORATION TO CONDUCT SEISMIC SURVEY ALONG LUCKEHE ROAD Clay Castleberry, Director of Public 'Works, reported on the request by United Geophysical Corpciration to conduct seismic survey along Luckehe Road within the right-of-way, They propose to drillholes and blast. FIe explained the process they meant to follow in conducting this survey. They will supply the County with in aeaurance policy, for the County's protection. Discussed; no action necessary at this time, 74-1258 INFORMATION ITEM: RAMP INTO COUNTY ADMINISTRATION BUILDING Mr. Castleberry reported that they have gone back to the drawing board for the re-drawing of a ramp into the County Administration Building, He explained where they were proposing to place said ramp; they propose to install in on the Huntoon Street side of the building. Information only. 74-1259 COUNTY COUNSEL AND PUBLIC WORKS TO RENOGIATE WITH PARADISE IRRIGATION DISTRICT FOR RELOCATION OF SKYWAX AGREEMENT Mr. Castleberry stated he had sent the Board members a copy of the agreement with Paradise Irrigation District for the relocation of Skyway by the dam. He stated that if the Irrigation District ever•;modifies their dam, they would like to bring this matter back to the Board and have the County take care of the relocation of the roads They would like to have the County in the future re-build the road on an easement that the Irrigation District will provide the County. Mr. Castleberry stated they have worked with theDistrict on this matter; he set out the route of the new road relocationo They would propose to go to bid some time in January. Proposal discussedo On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, County Counsel and Public Works Director was instructed to renegotiate with Paradise Irrigation District for the relocation of the Skyway, to participate on a 50% basis, or to retain the County's present rights. 7 -1260 APPROVE REQUES_T_FOR TEMPORARY SEPTIC„TANK FOR TRI COUNTIES BANK, CHZCO Phillip C. Houx, Chico, Attorney at Law, explained the requests for temporary approval of a septic tank for the Tri Counties Bank on Assessor's parcel 44-54-38, Chico. The bank would like to erect a temporary commercial coach on the facility, It would be used as a office facility for the corporate officers and the secretary of the bank. Once the permanent facility has been built, the property will be annexed to the City of Chico. I.1r. Houx stated that they are requesting that theBoard waive the conditions and allow them to install a temporary septic tank; this is only a tempory situation. He has discussed this with the Planning Department and they see no problem as long as they meet the mobile coach standards of the State. 'The contractor who will erect the facility is proposing a 250 gal, tank; they feel this ~7ould be sufficient. He said this is a unique situation and it would be a limited use. This would not be a septic tank per se, it would be a holding tank. Howard Toussaint, County Sanitarian, said they would not be in favor of a pump out facility. They would plan something that would meet the County's standards. Request discussed. On motion of Supervisor Ladd, seconded by Supervisor McKillop and Page 207. August 20, 1974 --__ __-_==--vAugust 2051974_ _ _ _ _____________ carried, the Board directed the Health Department to approve a holding taken or other similar arrangement to be installed' by the contractor on the Tri County Bank property, being Assessor's parcel No. 44-54-3$, on a temporary basis, not to exceed one year. 74-1261 APPEARANCE MRS. HELEN GOODING: BUILDING PROBLEM IN BANGOR Mrs. Helen Sherri Gooding, Swedes Flat Road, P.O. Box 123, Bangor. She stated they had purchased 10 acres of land with a three bedroom mobile home on it. They did not know that it is an illegal structure. They dug a well and the Health Department inspector indicated that the house had never been constracted by securing a building permit. Her husband is not working. They would like to live there for a year and then build a new home. They have no money left after digging the well and putting in a septic tank. Mr. Castleberry stated that Mr. Glander had talked to this lady yesterday. He explained the construction of the house. Puhlic Works would like to help this lady solve her problem. The electric hook up is the problemo This lady is a new owner and had not been told anything about the building requirements. The property was purchased from the former owner, rather than from a real estate firm. Mr. Castleberry feels that it would be safe to issue the electric hook up permit; the lady would have to promise that the additions to the mobile home would be removed within another year. The present structure would be demolished when the new home is built. Mr. Castleberry will work with this lady. Mrs. Gooding will meet with Mr. Castleberry at his office. No Board action at this time. 74-1262 REPORT OF PLANNING COMMISSION'S DENIAL OF REZONE FROM "A-R" TO "AR-MH" FOR PROPERTY LOCATED ON SOUTH SIDE OF LOWER WYANDOTTE ROAD, OROVILLE Jim Lawson, Planning Director, reported on the Planning Commission`s denial of the Robert G. Rodrigues rezone from "A-R" (agricultural-residential) to "AR-MH" (agricultural-residential-mobile home) for property located on the south side of Lower Wyandotte Road approximately 1~ miles west of Oroville-Wyandotte Road, id_ntified as AP 36-31-34, containing 38 acres, more or less, Oroville. This is for Board information; no action needed. 74-1263 PUBLIC HEARING SET: DAVID WIENER, ET AL-&$-ZONE FROM"A-R" (AGRICULTDRAL- RESIDENTIAL) TO "AR-MH" EAGRICULTURAL-RESIDENTIAL-MOBILE HOME), OROVILLE A public hearing was set £or September 17, 1974 at 2:00 p,m, on the David Wiener, et al-rezone from "A-R" (agricultural-residential) to "AR-MH" (agricultural-residential-mobile home) £or property located on the south side of Oak Knoll Way and also property between V-6 Road and Oak Knoll Way, all west of Oroville Bangor Road and V-C Road, containing approximately 39 acres, Oroville. 74-1264 MATTER DEFERRED: GOODBAN AND STUCK, AP 47-20-32, 36, 39 and 40- VERIFICATION OF 60 FT. ACCESS FOR PARCELS MUNJAR ROAD CHiCO The matter of Goodban and Stuck, AP 47-20-32,36, 39 and 40-verification of 60 ft. of access for the above parcels, located north of Munjar Road, '~ mile east o£Meridian Road, Chico, deferred until this afternoon. 74-1265 APPRCVE TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL Tentative parcel maps recommended for approval discussed. The Julia a Kelly map, west side of Kibler Road, north of Nunnelly Road, Paradise, Ir ~j ~ continued to Tuesday, August 27, 1974. On motion of Supervisor .Cameron, seconded by SupervisorMcKillop and carried, the following tentative parcel maps recommended for approval Page 208. August 20, 1974 August 20, 1974 were approved, subject to the conditions and with the note that negative Environmental Impact Reports have been filed: Zoned A-R Dunster Manor, AP 51-31-33, 2 lots, southeast corner of Bales Rd. & Neal Rd., Paradise. Surveyor: Bohn 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 map, subject to the following conditions: 1. Provide a drainage solution. 2. Indelicate 50 ft. building setback lines measured from the center- lines of all roads and drives. A Negative Declaration Regarding Environmental Review was filed with the County Clerk on July 22, 1974. Zoned A-2 Fred Wohlschlagel, AP 62-12-23, 24 & 25, ~ lots, east side of Oro-4uincy Hwy., north of Lake Madrone. 6urveyor: 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 the Planning Commission. The Subdivision Committee and the Planning Commission recommends approval of the tentative map, subject to the following conditions: 1. On the final map show the area to be used for sewage disposal on both parcels. 2. Provide a letter from the water company th at they will serve the development. 3. I£ the water company requires a main extension in order to service the parcels, the main extension is to be at the developer's expense. 4. Provide anon-exclusive easement statement. for Galen Ridge Rd. 5. Provide a maintenance agreement, for Galen Ridge Rd. 6. Indicate 50 ft. building setback lines measured from the center- lines of all roads and a 20 ft. setback measured from the edge of the cul-de-sac. 7. Provide 100' setback line from the edge of Galen Creek. A Negative Declaration Regarding Environmental Impact was filed with the County Clerk on July 22, 1974. Page 209. August 20, 1974 ---------==-==August 20~ 1974=====____________ Zoned R-1 J. R. Hellerman, AP 50-12-10, 2 lots, northwest corner of Dean Rd. & Chapman 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 the Planning Commission recommends approval of the tentative map, subject to the following conditions: 1. Deed to the County of Butte 30 ft. of right-of-way measured from the centerline of Dean Rdad. 2. Indicate 50 ft. building setback lines measured from the center- line of Dean Road and Chapman Lane. 3. Structures in the drive at the east property line to be removed before filing of the final map. A Negative Declaration Regarding Environmental Impact was filed with the County Clerk on April 8, 1974. 74-1266 APPROVE TENTATIVE_SUB__DIVI3ION MAP RECOMMENDED FOR APPROVAL On motion of Supervisor McKillop, seconded by Super'v'isor Ladd and carried, the fallowing tentative subdivision map recommended for approval and requesting an exception to allow ~$ feet setback and setback to be used for leach field was approved, subject to the conditions and with the note that a negative environmental impact report has been filed: Zoned S-1 RANCIiO CALLS, 8 lots, west side of Ceres Ave., south of East Ave., Chico. Owner: Everett Gordon 772 Portal Drive Chico, CA 95926 Engineer: McCain Assoc. 145 Pearson Rd. Paradise, CA 95959 Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel map of the above property has been re- viewed 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. Deed to the County of Butte 30 ft. right-af-way measured from the centerline of Ceres Avenue. Page 210. August 20, 1974 August 2O, 1974 2. Construct full improvements to County RS4 Minor Road standards, including sidewalks, as per approved plans on file with the Department of Public Works. 3. Public Works Dept. recommends that a 10 ft. walkway easement be provided between Lots 4 and 5 and concrete sidewalk to be con- structed at the developer's expense or deed & ft. to Chico Unified School District with a fence and walkway to be provided by the school district. 4. Development to be served by California Wh,ter Service. 5. Developer should provide underground storm drain facilities from the subdivision site to adjacent existing Pleasant Valley storm drainage collector pipes, per request of the City of Chico. 6. Provides for the installation of concrete curbs, gutters and sidewalks on both sides of Corino Real as well as the Ceres Avenue subdivision frontage, per request of the City of Chice. 7. Developer be required to install one fire hydrant with 1,000 GPM flaw an the northwest corner of Ceres Avenue and Corino Real. Fire hydrant to be a RichValve Catalina #8 or equivalent with one 4~" discharge and one 2'~" discharge installed according to fire department procedures for County Service Area #35. *The applicant is requesting an exception to allow a 45 ft. building and septic tank setback measured from the centerline of the road. A Negative Declaration Regarding Environmental Impact was filed with the County Clerk on July 22, 1974. 74-1267 DISCUSSION: LETTER FROM RESIDENTS OF CABRILLO DRIVE, CHICO REGARDING DRAINAGE PROBLEM CAUSEB BY DEVELOPMENT OF MOBII,E'HOME-PARK Jim Lawson, Planning Director, brought up the matter of the letter from the residents of Cabrillo Drive, Chico regarding drainage problem caused by the development of a mobile home park between that area and Lassen Avenue, Chico. The conditions of the mobile home park have not been met. The construction permit has not been issued. Dan Blackstock, County Counsel, requested that the matter be put over one week. He feels that there should be some procedures of determining if the conditions of the use permit have been met. Time spent discussing the drainage problem and the conditions of the use permit. Mr. Lawson stated that at the hearing it was clear that the developer was to build a fence surrounding the development. Mr. Biackstock will return next week to the Board with a plan of action. He would like to have a copy of the Planning Commission's minutes regarding this uee permit, Mr. Lawson will have the information assemblied for Mr. Blackstock. 74-1268 ADOPT RESOLUTIONS 74-116 and 74-117 ORBER AND RESOLUTION PROVIDING FOR CONSOLIDATION OF VARIOUS DISTRICT GOVERNING BOARD ELECTIONS AND PROVIDING FOR CONSOLIDATION OF YUBA COUNTY WATER DISTRICT BOND ELECTION WITH GENERAL ELECTION - On motion of Supervisor Bfeic~.tiop, seconded by Supervisor L dd n Page 211. August 2~, 1~7~ _____________ August20~1974=====_______-__ carried, the following resolutions were adopted and the Chairman was authorized to sign: Resolution 74-116 and Order providing for the consolidation of various district governing board elections, The Durham Unified School District Revenue Limit Increase Election, The Chico Unified School District Revenue Limit Increase Election, The Paradise Unified School District Maximum Tax Rate Election, the Pioneer Union School District Bond Election, the County Board of Education Election Co abolish Trustee areas, and Che Butte County Board of Supervisors Incorporation Election with the State General Election to be held on November S, 1974. Resolution 74-117 and Order providing for the consolidation of the Xuba County Water District Bond Election with the State General Election to be held November 5, 1974 74-1269 APPROVE THE GRANTING OF ELECTRICITY PERMIT FOR ANN DAMS County Counsel stated that the Subdivision Committee met yesterday. They discussed a land division which the Board had been discussing some time ago concerning a Mrs. Ann (Dcss)_ Davis. She had moved in with her family and placed a mobile home on the property. She set out a septic tank and the leach lines were on the neighbors property. The land division was questionable. She was a innacent purchaser. Now it seems she cannot secure electricity. Mr.Blackstock recommended to the Committee that since Chey had allowed her her septic tank that it would be in order to grant the electrical permit. The Committee had requested that Mr. Blackstock bring this up to the Board today to get concurrence from theBoard and instruct Mr. Castleberry's department to issue the permit. Request discussed. It was felt that the electrical permit could be issued subject to the applicant signing a statement that she cvould absolve the County of any complications as far as the Certificate of Compliance is concerned. On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, Public Works was authorized to grant the electricity permit to Mrs. Ann (Doss) Davis, Bangor, subject to Mrs. Davis signing a statement that she would absolve the County of any complications as far as the Certi€icate of Compliance is concerned. 74-1270 HEARING SET: APPEAL OF DECISION OF SUBDIVISION ACT SUBCOMMITTEE DENXING CERTIFICATE OF COMPLIANCE TN REGARD TO MR. HOILAND AND MRS, WRIGHT Mr. Blackstock reported on the appeal of decision of Subdivision Act' Subcommittee filed by Phillip Houx, attorney at Law. The State is holding their meeting on October 31st and November 1st. The Board could set their hearing after those two days. A hearing date was set for November 12, 1974 at 2:00 p.m. Mr. Houx will be notified of said hearing date. 74°1271 DISCUSSION: GENERAL INSURANCE COVERAGE Clif Nickelson, Administrative Officer, reported that a letter regarding increase of umbrella policy by $5 million and coverage for privately owned aircraft have been received from the Insurance Agents Association. Coverage discussed. The Association recommends that the County obtain this amount of coverage; they feel that it is a good buy, Mr, Nickelson will obtain from other counties what they carry and will report back to the Page 212. August 20, 1974 ___ __--_-_=====August 201 1974= = = = =_---__-_____ Board. Non-county owned aircraft should be added on to the insurance coverage. Dr, Enloe quite often flies to conferences in his own plane. Mr, Blackstock felt this would be good coverage for the County; premium for said coverage,would be $50.00. It was felt this would be money well spent. It was moved by Supervisor Cameron and seconded by Supervisor Ladd that the Board approved the payment of $50.00 for travel insurance for privately owned aircraft. Motion discussed; action held off at this time, Mr. Nickelson will discuss the matter with Dr. Enloe, 74-1272 DISCUSSION: REPORT FROM REVENUE SHARING COMMITTEE Supervisor MaKillop said he would like to have more information on the amounts to be discussed concerning the use of revenue sharing funds. Mr. Nickelson said he would have this information to the Board this afternoon. RECESS: 12:05 RECONVENED: 2:00 74-1273 DISCUSSION: CERTIFICATE OF COMPLIANCE CONDITIONS Jim Lawson, Planning Director, set out a map concerning a land division discussed this morning. He stated that his copy shows the access to the parcels to have 30 feet on either side. Supervisor Ladd said he has had calls about when Certificate of Compliance should,be issued. Mr. Lawson explained this. :ie said the owner has to comply with the conditions prior to the Certificate of 0mpliance being issued. Nr. Blackstock stated that the Certificates of Compliance are to be recorded, It is going to take time to prepare the certificates as they have to have descriptions on them. Supervisor Ladd said he would suggest that Planning Department use the recording information on these certificates. Certificates discussed; no action taken. 74-1274 PUBLIC HEARING: TEMPLE, W. H. - APPEAL OF DENIED TENTATIVE PARCEL MAP WEST SID_E_OF GUILL STREET, CHICO. The public hearing on the W. H. Temple appeal of denial of tentative parcel map west side of Guill Street, Chico, w&3. held as advertised. Mr. Lawson set out the background of this matter. This property is out in Chapman Town. Howard Toussaint, sanitarian, explained the denial. This was one of the maps that was caught between new standards, and the change in the old standards. The map does not meet the standards for size. Hearing opened to the public. Appearing: no one. Hearing closed to the public and confined to theBoard. Supervisor Cameron set out his views concerning this map. It was felt that the Board should grant the exception to use the setback area for septic tank drains. On motion of Supervisor Cameron, seconded by Supervisor NcKil?op and carried, the Board granted the exception for use of setback": area for leach lines, approved the tentative parcel map for W. H. Temple, subject to the conditions, and approved the map on the basis of three lots. Page 2130 August 20, 1974 ____--_____=_===August=20,=1974=====__ = =______= PUBLIC 74-1275 ADOPT ORDINANCE 1475;/HEARING ON NORMAN CARSON (ANDREW HANSEN)-EXTENSION OF INTERIM ZONE TO A-3 BRUCE IANE AND HEGAN LANE, CHICO The public hearing on the Norman Larson (Andrew Hansen) extension of interim zone to a A-3 district, Bruce Lane and Hegan Lane, Chico, was held as advertised. Mr. Lawson set out the back ground" of this extensiono Hearing opened to the public. Appearing: 1. Jack Day, Chico. He spoke for Verna Wagoner. He asked if there was any way to get Mrs. Wagoner's property out of the zoning. Matter discussed. Hearing closed to the public and confined to theBoard. On motion of Supervisor Cameron, seconded by Supervisor McKillop and carried, Ordinance No. 1475, extension of interim zone to A-3, Bruce Lane and Hegan Lane, Chico, was adopted aad the Chairman was authorized to sign. 74-1276 PUBLIC HEARING: PLANNING COMMISSION INITIATED: REZONE FROM A-2 to A-10, BRUCE TRACT SOU"'H OF HEGAN LANE, CHICO The public hearing on the PlanningCommission initiated rezone from A-2 to A-Z0, Bruce Tract South of Hegan Lane, Chico, was held as advertised. Mr. Lawson set out the background on this matter. Plannirrg.Commission wanted this to go to 10 acre parcels. Hearing opened to the public at this time. Appearing in favor: no one. Appearing in opposition: no oneo Hearing closed to the public and confined to the Board. Zoning discussed. Mr. Lawson explained the appeal period, On motion of Supervisor Ladd, seconded by Supervisor Cameron and carried, the 10 acre A-10 zoning for the Bruce Tract south of Hegan Lane, Chico, was denied. 74-1277 PUBLIC HEARING: PETITION FOR REQUEST FOR VARIANCE FOR MOBILE HOME: LUCAS The public hearing on the petition for variance to provisions of 11 ~.~ Z- Sections L9-10 and/or 19-12 of the County Code to allow Dan Lucas to place a mobile home on property located on Copeland Road, Paradise, was held as advertised. Howard Toussaint explained the petition. The property is zoned A-2 limited, Hearing opened to the public. Appearing: no one. Hearing closed to the public and confined to theBoard. On motion of Supervisor Cameron, seconded by Supervisor McKillop and carried, the petition for variance to place a mobile home on property located on Copeland Road, Paradise, by Dan Lucas, was approved on a one year basis. 74-1278. CONTINUATION OF HEARING: BUTTE COUNTY PLANNING COMMISSION INITIATED-REZONE FOR LAKE MADRONE AREA FROM A=2 TO Tl4-1.-xnd TM-5-;..CONTINUED TO AUG. 27th The hearing on the Butte County Planning Commission initiated rezoning for Lake Madrone area from A-2 to TM-1 and TM-5 was continued to August 27th so the whole board would be present when action is taken. Page 214. August 20, 1974 August 20, 1974 74-1279 CONTINUATION OF HEARING: BANES BROTHERS-ABANDONMENT OF PORTION OF CHERRY AVENUE: CONTINUED TO SEPT. 17th, 1974 The continuation of hearing on the Banes Brothers request for abandonment of portion of Cherry Avenue was held at this time. Supervisor McKillop stated he has mixed emotions about abandoning this road. The County Fish & Game Commission would like to see the road remain open. Supervisor Ladd said he would Like to see something worked out by the l..~cal people so that there would be access left Co the people in that area. Abandonment discussed. The posts and cables across the road discussed. Public Works will check with the State Reclamation Board to see who has been given keys Co the locks on Chess barricades. The matter of the barriers was referred to Mr< Castleberry to check out the history of them and to check with the State Reclamation Board on this matter and see who controls the barriers. Hearing continued to September 17th, 1974. 74-1280 PUBLIC HEARING: SECOND READING OF ORDINANCE: PLANNING COMMISSION INITIATED REZONE FROM COHASSET-MUSTY BUCK RIDGE AREA: ADOPT ORDINANCE N0. 1472-1476 The second reading of the ordinance zoning the Cohasset-Musty Buck Ridge area was held at this time. Mr. Lawson set out the area involved. This will be an amendment to the General Plan to make this type zoning comply. Zoning discussed. On motion of Supervisor Cameron, seconded by Supervisor Ladd and carried, the second reading of ordinance, Planning Commission initiated rezone from Cohasset-Musty Buck Ridge Area was waived, Ordinance No. 1472 rezoning from A-2 to TM-20; ~3rdinance No. 1473 rezoning from A-2 to TM-5; Ordinance No. 1474 rezoning from A-2 to TM-2; Ordinance No. 1475 rezoning from A-2 to PQ; and Ordinance No. 1476, rezoning from A-2 to C-1 were adopted and the Chairman was authorized to sign. 74-1281 SECOND READING OF ORDINANCE: ANDREW L. HANSEN: APPEAL DENIED REZONE BRUCE TRACT SOUTH OF HEGAN LANE: ADOPT ORDINANCE N0. 1477 On motion of Supervisor Cameron, seconded by Supervisor McKillop and carried, the second reading of the ordinance rezoning of property on Hegan Lane, Chico, adopted Ordinance No. 1477 rezoning the property as "A-3" District and authorized the Chairman to sign. RECESS: 3:05 RECONVENED: 3:20 74-1282 COMMUNICATION FROM A. T. BEALL OROVILLE READ A letter from A. T. Beall, Mt, Ida Road, Oraville, was read which /O S,~ v stated ChaC aC a time when public confidence in representative governmekit is at one of it's lowest points, it is reassuring to find that the system is alive, well, and working in Butte County at least, thanks to this Board. 74-1283 APPROVE REVENUE SHARIT'.G P:EPORT AS SUBMITTED BY COUNTY AUDITOR Bill Lawrence, County Auditor, presented the actual use report on Federal Revenue Sharing funds. This sets out where the money has been ~ Z„ spent and the balance on hand. On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, the Actual Use Report concerning the Federal Revenus Sharing funds was approved as submitted by the County Auditor. 74-1284 ADOPT RESOLUTION 74-118 ADOPTING EXPENDITURES FOR FINAL BUDGET FOR FISCAL YEAR 1974-75 The County Auditor presented the-memo setting out the changes made Page 215. August 20, 1974 _____________ J-August 201 1974= = = = =__________ by the Board in the final budget. Changes of anticipated revenue set out and expla:'ned. Mr, Lawrence set out the County-wide tax rate. He urged .he Board to continue to finance the library and the fire protection districts from the sales tax rate. He also recommended that the Board adopt the budget without a reduction of the reserve for contingency. There is a reduction of twelve centsin the tax rate. Chairman Madigan stated that after looking at the figures and talking to Mr. Lawrence, he is satisfied to adopt the budget without a reduction to the Reserve for Contingency. On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, Resolution 74-118 adopting expenditures fox Final budget for fiscal year 1474-75 was adopted and the Chairman was authorized to sign. 74-1285 DISCUSSION: REPORT FROM REVENUE SHARING COMMITTEE As requested by the Board, the Revenue Sharing Committee reconvened for purposes of voting on each project submitted to them for consideration. The minutes of the special meeting reflect the voting as desired. Mr. Nickelson presented informational memo to the Board concerning this matter. Supervisor McKillop indicated that since the Committee had met again on this matter, would the Board give consideration to the amounts that were requested by the Committee. Supervisor Cameron said he now feels that this report is the proper report. The Board does have a goad record crf their action. Supervisor Cameron commended the committee on their action. Supervisor Ladd said he did not want the Board or the public to be mislead on the thinking of the committee and their voting. =tee vote was 5-5. Supervisor McKillop felt that the report showed that some of the programs qualified, Supervisor McKillop felt that the Board should study the first 9 programs and then come back with a recommendation on how many funds should be spent in these areas. Supervisor Ladd felt the Board should have some kind of contact and control all the way in the spending of the funds. Dan Blackstock, County Counsel, stated that the Board cannot contribute money to any agency; they can contract with them to do specific work. Use of the funds discussed. The question was asked if theBoard was going for the Committees recommendations on the programs or not. Jack Morgan, Chairman of the Committee, spoke concerning the report. He reviewed the items set out in the recommendation. Programs that could be funded set out and discussed, Chairman Madigan thanked Mr. Morgan and the members of the committee for this report. The sport will be discussed with the committee members by the Board members and matter will be placed back on the agenda for Tuesday, September 17th, for further discussion and action. Mr. Nickelson was requested to put in on in the morning for discussion, 74-1286 MATTERS PRESENTED BY BOARD MEMBERS Supervisor Cameron said he would like to give John Houghton, Sealer of Weights and Measures, a bouquet for his report on the. work of. the Sealer of Weights and Measures. Supervisor Cameron said he has discussed wine Mr. Nickelson the problem of the appointment of the constable for Paradise. This man went out and secured a band on his own. The Sheriff has taken him off his payroll. Page 216. August 20, 1974 August_20,_1974 _ _ _ _ _ - _ _ _ ~ _ _ The Auditor says he is not official because his bond is not filed. County Counsel commented on this. He explained the problem of the bond. He said that if this man had gone to the County Clerk, Mr. Nelson would have shown him the proper bond to secure. Mr. Blackstock recommended that this man take a copy of CountyCle°l~'s bond to his bonding company and tell them that this is the type bond that is desired by the County. Until the Superior Court approves the bond, the bond cannot be filed with the County Clerk. Situation discussed; no action taken. Supervisor Cameron said he would like to see this Board take some action so the people in the unincorporated areas could work towards better fire districts. It seems to him that in some manner, this Board should come up with a priority for these fire district areas. These people could ~`orm a service area or fire district to help get matters started, Supervisor McKillop felt the Board should encourage the people to form a fire district. He said that Bald Rock and Berry Creelc do not have fire protection. Tt was felt that the mechanics should be set in order so the County could help these people form districts or service areas to secure better fire protection. Tt was suggested that maybe LAFCO should study the matter, Time spent discussing how the matter sh~~uld be handled. Nr. Nickelson said that l,AFCO has the authority to make studies of formation of fire district. He felt that a study by LAFCO would be a good start. 74-1287 CHAIRMAN TO SIGN LETTER IN SUPPORT OF SB 2133 Supervisor Ladd said he would like to discuss Senate Bill 2133 (Collier). It has been sponsored by CSAC. He feels that this Board should get something off to the legislators in support of the bill. On motion of Supervisor Ladd, seconded by Supervisor McKillop and carried, a letter was authorized to be written and signed by the Chairman in sugport of SB 2133 (Colliers) and sent to the State Legislature and to CSAC. 74-1288 INFORMATIONAL MATTERS Supervisor Ladd said he has just received an update report on overtime paid to county employees. It seems to him that this has been used quite extensively. He feels that in some areas it is hard to justify and felt that the Board should keep a close watch on it. He said he would like for the Board members to review them and see whether more justification should be put forth on them. Mr. Mickelsonson explained the matter and stated he would follow through on it and will report back to the Board. Chairman Madigan said to get back to the Supreme Court ruling on the Justice Courts. He suggested that maybe County Counsel could give this some thought and report back. Mr. Blackstock explained the decision. He said he would try to get a copy of the opinion and will write a report to t'ie Board on the matter. Mr. Blackstock stated that the Judicial Council has come up with a now piece of legislation that could have an advex•se effect on this. If the assignment of the judges are ordered by the Judicial Council, this legislation would, in effect, cut off the compensation from the County that he would go to. Mr. Blackstock explained the effects of this bill. He said he would like to have the Board give his authority to contact the Judicial County to amend this bill. The Board granted him authority and he will report back to the Board on the matter. Page 217. August 20, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _August=20 , =1974 = _ - - - _ _ _ _ _ ____ _ _ _ _ Supervisor Ladd felt the Board should Look at both sides before getting the Bill amended. Bill discussed; no action taken. ABJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 4:30 p.m. to reconvene on Tuesday, August 27, 1974 at 9:00 a.m. ATTEST: CLARK A. ?NELSON, COUNTY CLERI' ~ ~ ~ ~` airman of the BY: Board of Su xvisors Clerk Page 2180 August 20, L974