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HomeMy WebLinkAboutM091774September 17, 1974 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m, pursuant to adjournment. Present: Supervisors Cameron, Gilman, Ladd, McKillop and Chairman Madigan. Clif Mickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Board ofSupervisors Clerk. Pledge of allegiance to the Flag of the United States of America 74-1366 APPROVAL OF MINUTES On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, the minutes of September 10, 1974 were approved as mailed with the amendment to Item 74-1343, Page 241 to set out that the condition that had not be complied with by the Waddells was whether they have 20 :gorses or more on the property. The condition states they are to have only 20 horses on the property. 74-1367 COMMUNICATIONS Chico Work Training Center. John McLaughlin, director, requests Board's ~, ~ ~, 2..5~ reconsideration of their revenue sharing application, Discussed; Supervisor Gilman suggested that it not be considered; no action taken. Brock Printing Service, Chico. Mr. Brock complains of a "dangerous" traffic ~ 6 b,b ~ situation on Mangrove Avenue. Chairman Madigan spoke to Mr. Brock on this; according to Mr, Castleberry this work will be done next year. Mrs. C. L. Harris. Kay Best Harris sends letter to Board commenting on "West Paradise injunction suit." County Counsel has written to Mrs. Harris. Copy of this to Mr. Castleberry. Mr, and Mrs. Russo, Chico. The Russos request a four-way stop intersection at Kennedy and Muir Avenues in Chico. Referred to Mr. Castleberry for discussion with Capt. Flamm regarding the request. Edna Kimball, Orovilie. Mrs. Kimball requests that Board declare se at held G C.r/ 7 by Daryl Weston, director of Oroville Wyandotte Irrigation District, ~ be declared vacant and a new director appointed. Discussed. See motion following communications. Paradise Irrigation District. The Board of Directors expresses displeasure 0 n,0 C and makes corrective suggestions relating to allocation of 1974 .S Recreation Bond Act monies to public agencies in Butte County. A copy has been forwarded Co BCAG. Discussed; referred to Paradise Recreation and Park Bistrict for their consideration. Plumas National Forest Service. Lloyd Britton, supervisor, sends notice that Southern Pacific Land Company is proposing to convey a transfer of land in the amount of 4,157 acres within Butte County. Mr, Mannion, the Oroville ranger, discussed th is exchange with the Board on august lb. Discussed; referred to Administrative Officer to determine the 2p praised value of the properties involved. Roger Farrara, Chico. Mr. Farrara appeals Subdivision Committee's decision ~ S~ on AP 47-10-80. See discussion later in the meeting concerning ~~ ~' hearing dates on this matter. R~ph Starnes, Sunnyvale. Mr. and Mrs. Starnes appeal Subdivision Committee's decision on AP 28-27-62. See discussion later in the meeting. 1l3,'" S William Kemp and Jerry Brayton. Request for abandonment of easement. ~/c~ ~ 0 0 Mr. Castleberry explained this request. Lette~° referred to him for answer. Mrs. Jessie Cedarholm. Request €or reasonable solution of local transportation in the County. Read and discussed. Referred to Glay Castleberry. ~ O ~ ~ Department of Transportation. Inf Page 253 a Board of deadlines that have been September 17, 1974 ----------=====September=17,=1974--=- __________ established for Federal Aid Urban (FAU) projects. Read and discussed. Mr, Castleberry will answer this letter. State Water Resources Control Board. Order adopting, amending and repealing cf~~,p d regulations of the State Water Resources Control Board. Referred to George Stamm. Mr, and Mrs. R, W, DuBose, Chico. They request that the County consider the l~ p o present County Building on Memorial Way be enlarged to handle ~ the proposed Chico-County library. Read; tto action. Eva Spangler, As Constitution Week chairman of Feather River Chapter U ~ Daughters of the American Revolution, requests that the Board / D S• declare the week Sept. 17-23 as Constitution week, Referred to Mr. Nickelson to answer setting the Board's policy in this matter. Sacramento Newsletter, Supervisor Gilman read an article out of this Newsletter regarding judges, Marshalls and Constables. There is a gradual push for only lawyers to be Judges; a non-attorney would not be able to handle cases that involve jail sentences. Article discussed; no action taken. 74-1368 REFER INFORMATION DECLARING SgAT fTELA BY D.Afl:2, DIRECTOR OF OROVILLE WYANDOTTE IRRIGATION DISTRICT $E DECLARED VACANT TO COUNTY COUNSEL On motion of Supervisor McKillop, seconded by Supervisor Cameron O.Cr 7 and unanimously carried, the information presented by Edna Kimball requesting b the Board to declare the seat held by Daryl Weston, director of Oroville Wyandotte Irrigation District, vacant and a new director appointed was referred to County Counsel for his study and determination. 74-1369 DISCUSSION: APPEALS OF SUBDIVISION SUBCOMMITTEE DECISIONS yi Appeals were received from: /' 3.Z 1. Robert E, Ga11 (Parcel AP 47-10-52) 2. Robert J, and Caryoll M. Moorman (AP 28-27-90) 3. Donald R, Trott (Parcels 047-10-0-077-0, 078 & 079) 4. Law offices of Willis & Willis representing- Norman L. and Joy Hellman (AP 47-10-76 & 73) 5. Law offices of Watt, Leverenz & Ward representing - Ray A. Goodman (AP 47-10-54) 6. Leland L, Quaintance (Ap 47-10-72) 7. Mr, & Mrs. Larry D. Miller (AP 047-10-0-114-0) Dan Blackstock, County Counsel, stated that PLanning Commission had requested that these matters be discussed. There are three of these appeals set for October 8th. They did not think that these three hearings could be handled in one afternoon. He suggested that maybe the Board might consider a full day to hear these matters, other than the regular Board day. Hearing date for these appeals discussed, State hearings are set on some of these appeals. Handling of these appeals explained by County Counsel, It was decided that the hearing date would be set when Nr, Lawson is in the Board later in this meeting. 74-1370 DISCUSSION: LETTER FROM COL. MC CULLOM REGARDING ASSURANCE AGREEMENT FOR MURPHY SLOUGH Chairman Madigan brought up the matter of the letter from Col. McCnllom regarding the assurance agreement for Murphy Slough. He asked if the Board wanted to act on the maintenance area. Supervisor Gilman said that until evidence of the contr~.4t being let is seen, the Board should Page 254. September 17, 1974 September 17,_1974 just give assurances to the agreement. He felt that this should be approved contingent on the approval of Glenn County. Supervisor Gilman. said he would like to make a point. He said there is a Reclamation District 2106; he had a list of people that had property in this Reclamation District. He explained how these people's property was being assessed. He said he could not see what the people were receiving for their assessments in this district. Matter discussed; no action necessary. 74-1371 COMMUNITY ACTION AGENCY GOVERNING BOARD: APPROVE CONTRACT FOR CHICO AREA LEGAL SERVICES INC. & RECEIVED INFORMATIONAL REPORTS Mrs. West requested that the Board approve a new contract with Chico Area Legal Services for the third quarter of I974. Contract will require back dating to August 1 due to an oversight. Contract has been approved as to legal form and fiscal control. Jane Rutherford was present to answer any questions that the Board members might desire to as<<. Supervisor Gilman asked if someone was evaluating the services for the money spent. Mrs. Rutherford stated that the services were evaluated. On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the contract for Chico Area Legal Services, Inc. was approved and the GYiairman was authorized to sign. Mrs. West tendered the monthly information reports on the EOC programs. These are presented for information only. Chairman Madigan congratulated Nadine West and the rest of the staff in that office over the fact that the third quarter funds were received and without requesting funds from the County. Mr. Nickelson will study the matter of appointment of a Director for EOC and will report back to the Board. RECESS: 10:10 RECONVENED: 10:30 74-1372 COUNTX COUNSEL DIRECTBD~ TO WRITE TO RECLAMATION DISTRICT $106 AND REQUEST AN ITEMIZED BREAKDOWN ON HOW MONEX HAS BEEN SPENT On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, County Counsel was directed to write a letter to Reclamation District 2106 and request that the forward this County an itemized breakdown on how the money collected as assessments has been spent. 74-1373 REPORT ON AB 4113 (FONG) Mr. Mackessy reported to the Board concerning legislation implementing farm workers safety programs to be enforced by the Ag Department. There is $600,000 allocated for these programs. He would like some type of support from this Board, either a letter or a resolutien, to be sent to Mr. Jim Stearn and to Governor Reagan. Request and bill discussed. This bill appropriates money for the enforcement of safety regulations for farm workers. Regulations exist and it does cost a great deal to enforce the regulations. Copies of the rules and regulations given to the Beard members. On motion of SupervisorMcKillop, seconded by Supervisor Cameron and unanimously carried, Mr. Nickelson was requested to write a letter under the Chairman's signature to the Legislators and to the Governor, and to Mr. Jim Stearns, endorsing this bill, with the request that this letter be sent out immediately. Page 255. September 17, 1974 _ _ _ -~ _ _ _ _ _ _ _ -- - =SQp~embgr=l2, _1374 _ _ _ _ _ _ _ _ _ _ _ _ _ _ 74-1374 WAIVE FIRST READING OF SALARY ORDINANCE AMENDMENT: APPROVE GRANT MODIFICATIONS INCREASING PEP FUNDING & APPROVE GRANT I~DIFICATION INCREASING CETA TITLE II FUNDING A salary ordinance amendment has been prepared to add four additional S~ PEP jobs as a result of increased federal funding; reclassification of a UST vacant position in the Farm Advisor"e office and adjust election workers pay rates to meet the new federal minimum wage. Mr. Rackerby explained the change in the election workers pay. At the present time these workers are paid a flat fee; this does not meet the State standards. Under this amendment they will be paid on an hourly basis. Mr. Nelson, County Clerk, feels that the Inspector should be in a management type roll and should receive more than the election workers. Mr. Rackerby explained that there is an additional amount of PEP funds. Public Works has requested some positions under this. They have two typist clerks that will be kept on, also a Jr. engineering aide. Mr. Rackerby stated he had received a telegram Friday stating that the County will receive additional CETA Title II funds. He explained the action that he would like theSoard to take concerning these matters. On motion of Supervisor Ladd, seconded by SupervisorGilman and unanimously parried, the first reading of the salary ordinance amendment was waived; the Board approved grant modifications increasing PEP funding by $11,900 and authorized the Chairman to sign; and approved grant modification increasing CETA Title II funding by $253,403 and authorized the Chairman to sign. 74-1375 WAIVE FIRST READING OF ORDINANCE AMENDING RETIREMENT CONTRACT An ordinance has been prepared to implement the amendment of the retirement contract providing a 5% cost-of-living increase for those employees retirning between January 1 and July 1, 1871. Ordinance discussed. On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the first reading of the ordinance amending the retirement contract was waived. 74-1376 ADMINISTRATIVE OFFICER INSTRUCTED TO MAKE SPACE AVAILABLE IN THE COUNTY COMPLEX FOR DEVELOPMENT COMhffSSION OFFICES The lease for the Development Commission offices in Chico will expire in October. The rent will go from $130 to $140 per month. The lease is for one year and has been approved as to form and fiscal control. Lease discussed. It.was asked if there was space at the hospital or in the County Administration building. Space discussed. Mr. Mickelson stated that Zf the Board ~4esired to move this office to Oroville, space could be found for the offices. On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, Administrative Officer was instructed to make space available in the County complex for the Development Commission offices. 74-1377 TRAVEL REQUEST APPROVED On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the travel request of Clay Castleberry, Director of Public Works, was authorized to attend the NACO solid waste conference at Spokane, Washington October 2 through 5, funds to be taken from fiis existing budget appropriations. Page 256. September 17, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ ~egtemher 17x 1924= _ _ _ _ _ _ _ _ _ _ _ _ _ _ 74-1378 APPROVE AUDITOR ISSUTATG PROGRtF:~ PAYMENTS TO PROVIDERS UNDER MENTAL HEALTH SERVICES CONTRACTS Last week the Board approved contracts for Mental Health with six separate agencies. Those contracts are en route to Sacramento for State ratifi- cation. In the interim, the providers have been giving service to the County without reimbursement since July. This is causing exkreme hardship on the providers. Action discussed. On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the Auditor was authorized to issue progress payments to providers subject to the control provisions in the contracts for the months of July and August per list enclosed with agenda and forwarded to Auditor. 74-1379 BUDGET TRANSFERS APPROVED On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following budget transfers were approved: B-001 Manpower - which brings in $24,911 in unanticipated revenue for Supplemental Manpower Program, decreases comp insurance costs by $1,090 and spreads out the total of $26,001 into the necessary categories to fund the Economically Disadvantaged Youth Program approved by Board June 25, 1974. B-002 Purchasing. Brings in $12,118 of unanticipated revenue plus $1,882 of reserve for contingencies funds to record the appropriations for the Region C CCCJ communications study approved by the Board June 25, 1974. B-003 Library--- 1`ransfers $1,990 from Extra Help and $190 from fixed Assets into Special Departmental Expense in order to properly record the County's share of the Oroville Library Consolidation Grant carried over from the last fiscal year. B-004 Contributions to Other Agencies - transfers $3,5b4 from the reserve for contingencies to theAir Pollution Control District to cover total non-State subvented portion of 73-74 fiscal budget due to a change in financing requirements. 74-1380 CANCEL AWARD OF SID FOR SCRAPER ANA AUTHORIZED PURCHASE OF USED SCRAPER Mr. Nickelson explained the memo from the Purchasing Officer concerning the purchase of a scraper for the County dump at Neal Road. Because of a delay, the bid went past the date that the bid was good for and because of the delay, they would have to have a price increase. Public Works looked around and found a used scraper in Tulare County which could be;purchased at a Lesser cost to the County. Purchase of the scraper discussed. On motion of Supervisor Ladd, seconded by Supervisor Cameron and unanimously carried, award for scraper to International was cancelled and Public Works was authorized to purchase a-used scraper from Tulare County, 74-1381 APPEARANCE: MR. HENRY SOWMA, CHICO iN RE HOOK UP TO ORCO Mr. Henry Sowma, Chico, stated he had appeared before the Board about two months ago to solicit the Board's help in securing cable TV for his area. The Company states they cannot do anything for him at this time. It is not feasible for them to put in aline at this time. He feels that the County should help these people. He asked if there was something the County Page 257. September l7, 1974 ______~_=____September_17,=1974 WOW=_=_=_____~ could do to help him. County Counsel will review the franchise and will write to this man informing him of his findings. 74-1382 APPEARANCE: DOUG GIIELLON & JOHN STRUVEN, REQUEST BOARD TO CONSIDER THEIR ACTION CONCERNING THEIR EMPLOYMENT AT JUVENILE HALL Doug Guillon, Chico, presented a letter to the Board members concerning employment at Juvenile Hall. John Struven worked at Juvenile Hall for one year and Guillon at the Hall for a year and one half. The part time positions are being filled by full time positions. He feels that Juvenile Hall cannot operate with student interns. They feel that this Board should want the best qualified workers for these positions. Mr, Guillon requested that the Board reconsider their action last week; they cannot afford to be unemployed for 30 days. Mr. Rackerby responded to this letter and request. He explained the job training program. Conditions and programs that the Board had approved was summarized by Mr. Rackerby, He stated that neither of these. men were eligible for the intern program. This has been discussed with Mr. Nissen and he agrees that these employees were hired as extra help and they were not promised full time employment. The County has a legitimate place to put the man power positions at Juvenile Ha11, Mr, Struven feels that he should be allowed full time employment. Mr, Rackerby explained how under these programs these men could not be employed without the 30 day "no work" period. Positions discussed, No action taken. 74-1383 APPEARANCE: C. A, ;GTI,THINGTON, WOODLAND AVE., OROVILLE Mr. C, A, Wi~thington, Woodland Ave., .Oroville, spoke on the matter of the PEP program. He stated that Mr, Rackerby sits as a member of the Board of Directors of Oroville Wyandotte Irrigation District, He set out restrictions that are placed on the hiring to fill the positions under the PEP or CETA programs. He explained the hiring of one man under this program. He set out his thoughts concerning these programs and the methods of employing people to fill the positions. Mr. Rackerby stated that this Board has operated the PEP program for four years; there has been excellent audits made of the program. He explained how the programs are audited and monitored. No action taken on statements made by Mr. Wi~thington. 74-1384 A?~~'EARANCE: BARBARA BOidMAN, OROVILLE Barbara Bowman, Oroville, spoke concerning the Letter of Mrs. Kimble. County Counsel was instructed to look into the validity of this matter. Mr. Minasian, attorney for OWID, has looked into this matter and he did nat question the validity of this matter. Mro Blackstack said he was under the impression that Oroville Wyandotte Irs~igation District had referred the matter to the Board of Supervisors; they did not do this. Supervisor Cameron felt there should be something in writing from the Oroville Wyandotte Irrigation District and Mr. Minasian, their attorney. It was felt that in the absence of the request from OWID the County should not look into this matter. Mr. Blackstock will pursue the matter and will come back to the Page 258. September 17, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~egt~m~er ~.7,~ 19Z4= _ _ = _ _ _ _ _ _ _ _ _ Board with a report. Mr. Rackerby will provide the Board with a copy of the application of the man mentioned by Mr. Wi•thington; he will have the Department of Labor review the application. 74-1385 RECOMMENDATIONS OF REVENUE SHARING COMMITTEE: PUT OVER ONE WEEK Mr. Mickelson stated that this was the time set aside by the Board to discuss the proposals selected by the Board for review. Tie mailed out copies of the proposals to the Board members. The Board requested that this matter be put over one week so that they could review the proposals and thus give them time to make a better decision. Supervisor Cameron requested that eo,~nty Counsel prepare something regarding some forms or data concerning the funds; what type manner will be used to implement these programs, Mr. Mickelson said that the Board will have to enter into agreements and accounting criteria will have to be set up. Action on the proposals put over one week. 74-1386 PUBLIC WORKS ITEMS APPROVED: ACTION ON BUTTE COUNTX LIBRARY-eTITCHELL AVENUE DELETED AT TTiIS TIME; ADOPT RESOLUTION 74-135 Additional painting was determined necessary in the amount of $250 for the bookmobile room, Butte County Library-Mitchell Avenue, but was OQ inadvertently left off the last change order. Supervisor Ladd suggested that ~~' someone justify the necessity for the painting. If Mr. McCain gave justification for this work, he should have had authorization for it. Mr. Castleberry will secure the reasoning of Mr. McCain and will report back on it. This item put over at this time. On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, the following action was taken: 1. Accepted deed for right of way acquisition and authorized the Chairman to sign certificate of acceptance as follows: East Lindo Avenue AP 45-56-42 0. B. Snyder, et al 2. Authorized the Chairman to sign quit claim deed conveying a portion of the recorded right of way of the John Bidwell 16th Sub (East Lindo Avenue) no longer used by the County for roadway purposes to O.B. Snyder et al in exchange for a portion of AP 45-56-42 now being used for right of way on East Lindo Avenue. 3. Authorized making an addition to Board minutes ~~74-1059 indicating that the offer of purchase of real property for the Paradise Library site in the amount of $65,000 was accepted. 4. Adopted Resolution 74-135 authorizing execution of Midway Overhead District Agreement No. 737; and authorized Auditor to issue warrant in the amount of $13,000 from WO 3755 (Midway budgeted project) to be deposited with State of California for estimated cost of engineering services. 74-1387 APPROVE ARCHITECTURAL SERVICES WITII COOK ASSOCIATES FOR GRTDLEX FIRE STATION 0 ENGINEERING ~ Clay Castleberry, Director of Public Works, explained the matter a~-'~~ of architectural services for the Gridley Fire Station. There is a simple offer of $2,950 from Cook & Associates to do this work, Fire s-Cation discussed. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the BoarZ approved a contract with Dan Cook Associates in Page 259. September 17, 1974 ____====~AT _-=September=17,1974______====~T-~, the amount of $2,950 for the preparation of plans and specifications for the Gridley Fire Station. 74-1388 INFORMATION ITEMS: PUBLIC WORKS 1. Brush and limbs filling bins at Stirling City refuse transfer station. Mr. Castleberry said he hoped he could get some PEP employees to do the clean up work at this location. 2. Gravel removal from Sacramento River. bar near Chico far road use. Mr. Castleberry reported on this item; for Board information only. 3. Report on wheelchair ramp at Administration Building. Mr. Castleberry reported on this item and stated that they might have to do some work on the elevator to accomodate those people riding the elevator in wheelchairs. 4. Mr. Castleberry stated that he would send to theBoard some Federal Disaster Insurance information that were. aECeived this morning. He explained the areas that were covered. Some of the maps will be requested to be changed. Mr. Castleberry said that if the Board approved, he would like to request that the firms with employees under 25 in number be deleted from OCEA. 5. Mr. Castleberry stated that the Board had authorized his department to put up some "Fio parking" signs at Stewart Avenue. If the Board would like, he will write letters to the CHP and to the college regarding the placing of these signs. RECESS: 12:05 RECONVENED: 2;00 74-1389 CONTINUATION OF HEARING OF BUTTE COUNTY PLANNING COMNLLSSION INITIATED REZONING OF LAKE MADRONE AREA FROM A-2 to TM-1 and TM-5: REFERRED BACK TO PLANNING The continuation of hearing of Butte County Planning Commission initiated rezoning of Lake Madrone area from A-2 to TM-1 and TM-5 was held at this time. This hearing is closed to the public. Supervisor McKillop suggested that this relates to theTM-160 rezoning; they both spew. to TM zones. Mr. Lawson and Mr. Blackstock did meet and discussed the open space elements and TM zoning. At this time, theBoard members have a copy of the resume of this meeting. He is proposing that County Counsel get: copies of the open space element that is used by the other counties. Supervisor McKillop feels if they are gaing to talk about open space, the areas should be delineated. Supervisor McKillop felt that it would be appropriate for the Chairman to appoint a committee to Study open space element. He feels that it is deficient and should be amended. The element requires that the County delineate the open space. Mr. Lawson stated that the State has guidelines to follow. There are certain specified guidelines for open space elements and classifications. Mr. Lawson stated that the County has adopted the open space elements and the County has a letter stating that the State that states the element complies with the States requirements. Mr. Lawson said that the Lake Madrone area is not shown as open space area and that it is not totally accurate to compare it with FeatherFalls. Page 260. ' September 17, 1974 _____________September 17y19Z4=====_---_____ Chairman Madigan felt that the Board should act on the Lake Madrone matter separate and ap:zmt from the Feather Falls rezoning. County Counsel stated that he hoped that the report fie had sent to the Board met with their approval. With regards to the open space element, under the State guidelines, it is anticipated that the axea to remain in open space should be delineated. He gave the background of the land use element. He feels that the County should determine the timber areas that should remain in the open space element. Mr, Blackstock explained how these matters should be handled, Mr. Lawson stated that he agreed with County Counsel's statements. He explained the matter of the 25% slope; they use this for a open space plan. He said the Lake Madrone area has a restaurant, bar and lake shore resident~~l area surrounding the Lake, This hearing has been continued from two other meetings and it uas felt that action should be taken on it. Supervisor McKillop said hc. objects to this rezoning because it is in the TM areas; he said that ~ . all of these areas should be considered at the same time. Zoning for the Lake Madrone area discussed. Supervisor Ladd felt the rezoning could work a real hardship on the operators of the restauranto The commercial area should be changed. In that event, it should be sent back to the Planning Commission to study the area designated commercial. On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, the Lake Madrone rezoning was referred back to the Planning Commission for their review and consideration of the commercial aon4ng for;_the bar and grill. 74-1390-PUBLIC HEARING: DAVID WIENER, ET AL-REZONE FROM A-R (AGRICULTURAL-RESIDENTIAL) TO AR-MH (AGRICULTURAL-RESIDENTIAL-MOBILE HOME) FOR PROPERTY LOCATED ON THE SOUTH SIRE OF OAK KNOLL WAY AND ALSO PROPERTY BETWEEN V-6 ROAD AND OAK KNOLL WAY, ALL WEST OF OROVILLE BANGOR ROAD AND V-C ROAR, CONTF.INING APPROXIMATELY 39 ACRES, OROVILLE The public hearing on the David Wiener, et al - rezone from A-R (agricultural-residential) to AR-MH (agricultural-residential-mobile home) for 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. Jim Lawson, Planning Director, gave the background of this matter. Planning Commission recommended approval of th:, rezoning on a vote of 5-2 with 2 Commissioners absent. Area to be zoned set out. The only change is t'~e use of mobile homes being allowed. Hearing opened to the public at this time. Appearing: 1. Mr. Bill Wilson, representing Mr. Wiener. He said that they have attempted to sell this property for some time. They feel that they could sell the Land for use as mobile home property. He explained his request for the rezoning, No one appeared in opposition. Hearing closed to the public and confined to theBoard. Page 261. September 17, 1974 _ - _ _ _ ~ ~ ~ ~ _ _ _ _September_17,_1974 = _ ~ _ - ~ ~ _ - - _ ~ _ _ _ On motion of Supervisor Ladd, seconded by Supervisor McKiilop and unanimously carried, the first reading o£ the ordinance rezoning the area from A-R (agricultural-residential) to AR-MH {agricultural-residential-mobile home) for property located on the south side of oak Knoll Way and also property between V-6 and Oak Knoll Way, all west of OrovilJe Bangor Road and V-C Road, containing approximately 39 acres, Oroville was waived. 74-1391 PUBLIC HEARING: BANES BROTHERS REQUEST FOR ABAc'aONMENT OF CHERRY ROAD The continuation of the public hearing on the Banes Brothers request for abandonment of Cherry Road was held. Mr. Lawson stated that the Board had requested Public Works to come up with the names of the ownership of the property along the levee and who had erected the barricades. Hearing to be continued later in the meeting. 74-1392 PUBLIC HEARING; REZONING OF FEATHER FALLS ARFA TO TM-150 ADOPT ORDINANCE N0. 1482 INTERIM TM-160 Zfl1VING The public hearing on the rezoning of Feather Falls Area to TM-160 was held as continued, Supervisor McKillop felt the area should be interim zoned so that the whole open space element could be studied and maybe a different class of zoning. It was moved by Supervisor McKillop that the Board reject the Planning Commission~recammendation of TM-150 rezoning and that the Chairman appoint a committee to study the open space element and that they come back to the Board with a definite recommendation for zoning of the open space areas. Motion discussed; Mr. Blackstock asked if it was the Board's legislative intent that the entire forest area, with the exception of the areas delineated on the map, heaconsidered as open space. He urged the Board to make it definite what was to be considered open space. Supervisor Cameron felt that it was time for the Berard to take action on this rezoning. Motion died for lack of a second. Chairman Madigan said he would entertain another motion at this time. Action to be taken discussed. Mr. Lawson explained the zoning that should be determined. It was stated that the Board could place an interim zoning on this area. Supervisor Ladd stated that with the statements, both written and oral, and with the discussion by this Board, it seems obvious to him that it would be desirous to have a study committee to study this open space element. This could be acted upon at this time and a study committee could be appointed and a study made of the open space plan. The committee could then come back with a recommendation to the Board to modify the zoning for this area. County Counsel read the Government Code Section governing this matter. There is a real question as to whether the $oard.can interim zone the area. Supervisor Cameron questioned Mr. Lawson concerning the 1500 acres within the Feather Falls Village. Time spent discussing action to be taken at this time. On motion of Supervisor hlcKillog secondc;~sI by Supervisor Cameron Page 262. September 17, 1974 ______________September 17:1974=====_____-___ and carried, Ordinance No, 1482, interim zoning to TM-l60 the area delineated in green on the map for a period of 120 days was adopted, with the exclusion of the areas that have been permanently zoned,deleting the multiple family dwellings, and the Chairman was authorized to sign. AYES: Supervisors Cameron, Gilman, McKillop and Chairman Madigan NOES: Supervisor Ladd County Counsel asked Mr. Lawson if he had a legal description written for the areas involved, Mr. Lawson stated that he does have a legal description of the area; they could exclude theCohasset area. RECESS: 3:25 RECONVENED: 3:40 74-1393 PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION INITIATED: REZONING OF THE MAGALIA-AE SAB1A WATERSHED AREA FROM A-2 to Pty, TM-1, TM-2~, TM-5, TM-10 TM-20 TM-40 and TM-160 CONTINUATION FROM SEFT. 10th) The continuation of the public hearing on the Butte County Planning Commission initiated rezoning of the Magalia-DeSabla Watershed Area from A-2 to PQ, TM-l, TM-2'~, TM-10, TM-20, TM-40 and TM-160 was held as continued from September 10th, 1974. Mr, Lawson set out the background of this matter. At the previous hearing it was requested thst the map be altered to show Mr. Johnson's property as TM-2'~, Mrs. Cox 's property as TM-10 and the Burkland property was requested to be zoned as TM-5. Changes requested discussed. It was stated that the Planning Commission had taken action on the Johnson property, and the Cox property is within theTM-10 zoning and it has been sent back to the Planning Commission for further study and consideration. Zoning for the area discussed. It was moved by Supervisor Cameron, seconded by Supervisor Gilman and carried, the the rezoning of the Magalia-DeSabla watershed area from A-2 to PQ, TM-i, TM-2'~, TId.-5, TM-10, TM-20, TM-40 and TM-160 was approved as recommended by the Planning Commission, with the exception to change the area on the left side to bring the TM-5 down to include the Burklar;d property, and the first reading of the ordinances was.' waived, with the deletion of the TM-10 zoning. a+liich has been sent back to the Planning Commission. 74--1394• PUBLIC HEARING CONTINUATION OF THE BUTTE COUNTY PLANNING COMMISSION INITIATED: REZONE OF THE WEST CHICO AREA FROM AR, RT-1, A-2, A-3 to M-1, R-1, S-2 and A-3, A-10, A-20 and A-4Q_ The continuation of the Butte County Planning commission initiated rezoning of the West Chico area was held at this time. Mr. Lawson gave the background of this matter. Last week the Board approved the rezonings, with the exception of the S-2 and A-ZO areas. Supervisor Gilman said he had requested that the Planning Commission give consideration to the areas to be rezoned S-2 and A-10, He feels that the 4-4 vote by the Planning Commission was no decision at a11. They considered S-1 in lieu of the S-2 zoning and considered taking the A-10 down Rose Avenue to Oak Park. He e_~plained this request for consideration. Chairman Madigan read a letter from Mrs. Mac Hill regarding this rezoning, County Counsel stated that it has alwayrs been the Board's policy that once a hearing is closed, the Board does not re-open it It calls for both parties to give testimony and once closed Chey do not allow more information to be given. He would not recommend that any consideration be given to the letter presented by Mxs. Mac_,Hill. Supervisor Gilman stated that he has been lobbied heavily this Page 263. September 17, 1974 V _________..=___September 1711974____T________ last week, The decision that he has reached is that theBoard should concur with the Planning Commission's original proposal. On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the Board concurred with the original proposal of the Planning Commission for rezoning to S-2 and A-10 and waived the first reading of the ordinances zoning the areas as S-2 and A-10. On motion of Supervisor Cameron, seconded by Supervisor Lsd~d and carried, the following a_~dinances were adopted, with the waiving of the second reading of the ordinances, and the Chairman was authorized to sign: Ordinance No. 1483 amending County Ordinance No, 946, consolidating "M-1" (light ini?ustrial) Ordinance No. 1484 amending County Ordinance No. 1071, consolidating "A~3" (Agricultural) ~ Ordinance No. 1485 zoning a portion of the County an "A-20 (agricultural) District, pursuant to Ordinance No. 475 Ordinance No. 1486, amending 6rdinance No. 1438, zoning a portion of the County an "A-40" (agricultural) district Ordinance No. 1487, amending County Ordinance No. 925, consolidating "R-1" (single-family residential) Supervisor Gilman abstained from voting. 74-1395 CONTINUATION OF HEARTNG: THOMAS & NELDA FERGUSON REZONE FROM A-2 to S-1 FOR PROPERTY ON THE FAST SIDE OF LARKIN ROAD, SOUTH OF EVANS-REIMER ROAD GRIDLEY The continuation of hearing on the Thomas and Nelda Ferguson rezone from A-2 to S-1 for property on the East side of Larkin Road, south of Evans- Reimer Road, Gridley was held at this time. Supervisor Ladd had had a question about the area. He requested that an area be excluded from the rezoning, i,e, the Yokotovi property. On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, the Thomas and Nelda Ferguson rezone from A-2 to S-1 for property on the east side of Larkin Road, south of Evans-Reimer Road, Gridley, was approved with the exclusion of the Yokotovi property, ~nd the first reading of the ordinance was waived. 74-1396 CONTINUATION OF HEARING: JULIA KEL'I;Y-APPEAL OF CONDITIONS TO TENTATIVE PARCEL MAP CONDITIONS The continuation of the hearing an the Julia Kelly appeal of conditions to tentative parcel map conditions was held at this time. This had been continued because of the change of condition relating to the building of the road. Mr. Castleberry said he would reco~emend that the improvement of the road as an extension of Elliott Road be required. At the closing of the hearing last week, Supervisor Ladd had suggested that a 20' road be paved back to the boundary of Lot 3. Mr. 5pruance had requested time to speak to his client. Mr. Spruance said he had discussed the suggestion t'.]at a 1/2 section of the road be paved back to the boundary of hot 3. He presented the Board members copies of a work sheet. Cost of the two types of road improvements set out. After comparing the costs of the two alternatives, his client requests permission to build the gravel and oiled road. Supervisor Gilman said the Board is not hung up about the building of the road at this time, but that the money be put up to build her portion of the road when it is extended. Mr. Castleberry explained his requirement. page 264. September 17, 1974 September 17,_1974 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Spruance stated that his client would not like to deposit the money with the County. She would not be getting any road built this way, and the marketability of the lots would be Limited. Mr. Castleberry said he would go back to his original recommendation that Mrs. Kelly build the access road to County standards. Action to be taken discussed. On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, the Julia Ke11y parcel map was approved as recommended, with Condition No, 4 changed to state that the road either be built or that the money be deposited in trust for the future extension of Elliott Road, in the amount of $5,552.40. The map was approved as followed, subject to the conditions, with the change in Condition No. 4, and with the note that a negative environmental report has been filed: Zoned A-2 Ltd. Julia Kelly, AP 53-18-107, 108, 110, 111, 112, 113, 114 & 117, 3 lots, west side of Kibler Rd., north of l~unnelly Road, 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 map, subject to the following conditions: 1. Deed to the County of Butte 30 ft. right-of-way measured from the centerline of Kibler goad. 2. Deed the right-nf-way.as shown on the to„tative map on Elliott Road. 3. Indicate 50 ft. building se+-back lines measured from the center- lines of Kibler Rd. and Elliott Rd. 4. Build a 1/2 street section to R54 County standards. A Negative Declaration Regarding Environmental impact was fined with the County Clerk on July 15, 1974. 74-1397 ADOPT RESOLUTION 74-136 AUTHORIZING ACQUISITION OF REAL PROPERTX BY EMINENT DOMAIN NECESSARY FOR CONSTRUCTION OF A COUNTY BUTLAZNG TO BE KNOWN AS THE GRIDLEY COURTHOUSE ANNEX IN THE COUNTY OF BUTTE Aan Blackstock, County Counsel, stated that the County has been negotiating for property adjacent to the court building; they have obtained an appraisal. The owner has come back with a demand for three times the amount of the appraisal. The County will have to go to condemnation. The property is vacant at the present time. On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, Resolution 74-135 authorizing acquisition of real property by eminent domain necessary for construction of a county building to Page 265. September 17, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _September=lZ,=1.274 = - _ _ _ _ _ _ _ _ - _ _ be known as the Gridley Courthouse annex, was adopted and the Chairman was authorized to sign. 74-1398 DENY REQUEST FOR ABANDONMENT OF PORTION OF CHERRY AVENUE Clay Castleberry, Director of Public Works, h.ai been asked to give an explanation of who controls the end of Cherry Avenue. Mr. Castleberry ~,I p 0 stated that it is delineated a: a public road. He said the Board could '7 abandon the road or take no action and it will be left in the hands of the public. He said the Board could ask `_he Fish and Game 2eople to use some of their money for surfacing this road. The Board could suggest that the property owners fence the property along this road. Chairman Madigan felt that the State Reclamation Board should put a chain at the toe of the levee. Supervisor Ladd stated that there is an access that these people could use. He said he would hate to see accesses to the river closed, He set out the problem of the Borrow area where holes are being dug. He feels that the area is worth something to the County as a recreation area. On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, the request of the Banes Brothers for the abandonment of a portion of Cherry Avenue was denied and Mr. Castleberry was authorized to contact the Fish and Game Commission and the Reclamation Board to see if something can be worked out concerning the improvements to the road and the placing of a chain at the end of the road. 74-1399 PUBLI6-HEARINGS SET: REZONING ITEMS Public hearings were set for Octobex 8, 1974 at 2:00 p.m. on the following: 1. Northeast Chico area - Butte County Planning Commission initiated rezone of the northeast Chico area from A-2 (general) to PQ, S-1 and S-2. 2. Butte County Planning Commission initiated - rezone from A-2 (general) and A-3 (agricultural} to A-3 (agricultural) AR-MH (agricultural residential-mobile home), PQ (public quasi-public), and C-1 (commercial) the town of Richvale. 3. Pacific Coast Producers - rezone from M-2 (heavy industrial) to A-3 (agricultural). 74-1400 TENTATIVE PARCEL N.~.PS RECOMMENDED FOR APPROVAL APPROVED Supervisor Cameron questioned Mr. Lawson about the Orvel Rolfe map. He asked if they were legal accesses. Mr. Lr:rson will make a note on his map and verify legal access. On motian of Supervisor McKillop, seconded by Supervisor Cameron and unanimousl;z parried, the following tentative parcel maps recommended for approval were approved, subject to the conditions and with the note that negative environmental impact reports have been filed: Zoned A-2 ..Thad Wakeman, AP 30-35-60, 3 lots, north side of Grand Ave., between 12th and 14th Sts., Thermalito. Surveyor: Graves & Geddis Pursuant to the requirements of Seetion 20.3 0~ the Butte County Code, the tentative parcel map c~ the above pxopexty has been Page 266. September 17, 1974 _____________ September=17,=1974====---______ 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. Build the access road to R58 1D3 County Standards. A Negative Declaration Regarding Environmental Impact was :°iled with the County Clerk on August 12, 1974. Zoned A-R Orvel Rolfe, AP 55-12-03, 2 lots, southeast corner Roe Rd. & Toyan Ian., Paradise. Surveyor: Gaxy I,ippinco tt Pursuant to the requirements of Section 20.3 of the Butte County (3o.de., the tentative parcel map of the above identified property has been reviewed by the Butte County Subdivision Committee and the Planning Commis sion. The Subdivision Committee and the Planning Commission recommends approval of the tentative map, subject to the following conditions: 1. Confirmation of soil tests to the satisfaction of the Butte County Health Dept. 2a Verify legal access. 3. Construct the access easement to RS8 LD2 County Standards. 4. Deed 30 fto of right-of--way to the County of Butte measured from the centerline of Roe Road. 5... Deed a 20 ft. drainage easement to the County of Butte. bo Indicate 50-fte'building setback lines measured from the ~cPnterlines of all easementse A Negative Declaration Regar ding Environmental Impact was filed with the County Clerk on August 12, 1974. Zoned S-H & M-R Howard & Margaret Kerstetter, AP 72-27-11, 4 lots, south side of Forbestown Rd., east of Hurleton Rd., east of Oroville. Surveyor: Graves & Geddis Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel map of the above property has been revie':wed by the Butte County Subdivision Committee and the Planning Commission. Page 267. September 17, 1974 ---_--T __-==-_September_17,_1974=~~==-______- The Subdivision Committee and the Planning Commission. recommends approval of the tentative map, subject to the following conditions: 1. Provide traversable access and a maintenance agreement for the road. 2. Provide a nonexclusive easement statement. 3. Indicate a 54 ft. building setback line measured from the centerline of the easement:.and Feather Falls Road. 4. Place a statemen~b. on the final map that there is no evidence of domestic water. A Negative Declaration Regarding Environmental Im~.ct was filed with the County Clerk on August 12, 1974• Zoned A-R David L. Stephens, AP 55-08-08, 4 lots, 'east side of Neal Rd., south of Chaparral Dr., Paradise. Surveyor: Gary Lippincott Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative map of the above property has been reviewed by the Butte County Subdivision Committee and the Planning Commission. Tha Subdivision Committee and t'~e Planning Commission recommends approval of the map, subject to the following conditions: 1. Provide traversable access to building site. 2. Provide a non-exclusive easement statement. 3. Deed to the County of Butte 30 ft. right-of-way measured from the centerline of Neal Rd. 4. Provide a 20 ft. d.rainag~ easement. 5. Indicate a 50 ft. building setback line measured from the centerline of Neal Rd. 6. Design for stream crossing to )~~: a^provecl by the Der~artment of Public works prior to construction. A Negative reclaration was filed with the Cou.zty Clerk on August 19, 1974, Regarding Environmental Impact. Zoned A-3 Stoepplewerth, Henry P. & Gretchen, AP 40-28-02 2 lots, west side of E'ranklin, north of Hanlon Rd., Durh am 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. Page 268. September 17, 1974 _______________~e~t~mber 173 Z9Z4==_=-_________ The Subdivision Committee and the Planning Commission recommends approval of the map, subject to the following conditions: 1. Deed to the County of Butte 30 ft. right-of-way measured from the centerline of the road. 2. Indicate a 50 ft, building setback line measured from the centerline of the road. A Negative Declaration Regarding Environmental Review was filed with the County Clerk on August 5, 1974. zoned A-3 Vera Canavan; AP 27-02-26, 4 lots, west side of Summit Av2., off District Center Dr., Oroville Engineer: Graves & Geddis Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative map of the above grogerty has been reviewed by the Butte County Subdivision Committee and the Planning Commission . The Subdivision Committes and th6 Planning Commission r~commQnds approval of the map, subject to the following conditions: 1. Indicate stream on map, 2, Provide traversabl© access. 3. Provide a maintenance agraemvnt nor the road. 4. Daed to the County of Putts 30 ft. right-of_-way from the centerlin= of Summit Ave, 5. Indicate a 50 ft, buiJ.ding setback line measured from the cen terlin~ of the road. A Negative Declaration was filed with the County C1.erk vn August 19, 1974, Regardng Environmental Impact, ' 74-1401 P~T'::OVER ONE ~^7EEK: TENTATIVE: PARCEL MAP RECOMMENDED FOR DENIAL The R. M. Anderson, AP 71-24-18, four lots, south side of Bean Creek Road, east of Rockerfeller Road, northeast of Oroville, parcel map was discussed at this time. Mr. Lawson explained the recommendation for the denial. One one the conditions of the map that the developer provide traversable access to each building site. Access discussed. On motion of Supervisor McKillop, seconded by :3upervisor Gilman and unanimously carried, the R, M. Anderson tentative parcel map was put over one week so that the Board members could look at the access to see if it is unreastbnable to require traversable access to each building site. Page 269. September l7, 1974 _September 17,_1974 74-1402 APPROVE PARCEL MAP FOR ROBERT LEE BREMMER AND HART, SUBJECT TO CONDITIONS Mr. Lawson stated that the Planning Commission had received a parcel map for Robert Lee Bremmer; it was filed between the time the area was being zoned. They have a use permit for a sawmill. The people in the area are not opposed to this map and use permit. Request for approval of 'the map discussed. Chairman Madigan stated he had talked to the people that initiated the rezoning and they are not opposed to the approval of the map. On motion of Supervisor Gilman, seconded by SupervisorMcKillop and unanimously carried, the tentative parcel map for Robert Lee Bremner and Hart, was approved, subject to the conditions, 74-1403 MOVE TO DISSOLVE THE FAMILY & CHILDREN ADVISORY COMMITTEE On motion of Supervisor Ladd, seconded by Supervisor Cameron and una_~imously carried, the Family & Children Advisory Committee was dissolved. 74-1404 MOVE TO DISBAA~ THE TREE COM[~TTEE Tree Committee discussed. It was moved by Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, that the tree removal committee be disbanded. 74-1405 DISCUSSION: APPOINTMENTS OR REAPPOINTMENTS TO VARIOUS COMMITTEES AND COMMISSIONS Discussed the vacancy on the advisory committee for a.g burning. Supervisor Ladd will appoint someone from his district. He has in mind a rice grower that he would like to appoint. Time spent discussing the Water Resources Board. It has not functioned for some time. Mr. Nickelson will call some of the Board members and see if they want to continue with the committee. Appointments to the cemetery districts held over one week. 74-1406 HEARING ON THE SUBDIVISION APPEALS: DATE SET FOR OCTOBER 9th Hearings on the appeals to the Subdivision subcommittee's decision discussed. Planning Department had prepared a list of the appeals by AP numbers. Mrs. Blair explained the areas and subdivisions that are involved. Mr. Blackstock requested that the hearings on the appeals that have D & R's filed against them should be put off until after the State's hearing. Hearings set for Wednesday, October 9th, 1974, at 9:00 a.m. 74-1407 MATTERS P.2ESENTED BY BOARD MEMBERS Supervisor Gilman expl2ined the assessments on the Assessment District; Parrott Investment is assessed $1.50 per acre and most of the other property owners are assessed $4.Ob per acre, County Counsel will include in his letter to the district a request for them to explain how they arrived at the assessment figures. Supervisor Cameron requested to be excused from the BCAG meeting tomorrow morning as he will be attending another meeting. Chairman Madigan gave Mr. Blackstock a title report on property located on the west side of the Esplanade concerning an alley that had been abandoned. Page 270. September 17, 1974 September 17, 1974 ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 5.35 pom, to reconvene on Tuesday, September 24, 1974 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERIC BY: ~1 ~__~h~ Page 271. A September 17, 1974