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October 16, 1973 STATE OF CALIFORNIA COUNTY OF BUTTE SS, The Board of Supervisors met at 9;00 a.m. pursuant to adjournment. Present; Supervisors Cameron, Gilman, Ladd, Madigan and Chairman McKillop; Clif Nickelson, administrative officer, Dan Blackstock, county counsel, and Clark A. Nelson, county clerk, by Sandra Goff, deputy clerk, INVOCATION: Rev. ,lames Flynn, Calvary Southern Baptist Church, Chico 73-1641 APPROVAL OF MINUTES On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously .carried, the minutes of October 9, 1973 were approved as mailed, 73-1642 COMMUNICATIONS Paradise-Magalia residents supporting Dr. Sonntag's building permit request. v Communications have been received from the following persons in 1~ 3.0 support of Dr. Sonntag's request; Mr. Royal Barlow, Paradise; Mr. Archie H. Haugen, Paradise; Mr, and Mrs. A. A. Swanson, Magalia; and Carl and Myrna Johnson, Magalia. To be placed in file with other communications on the matter. Rita Behring Liston, Chico, Writes in objection to the proposed low Levee ~f2.O ~ ReferredctolClaynCastleberry, publicaworkstdirect°r,Lfor replycussed, Supervisor Gilman felt Mrs, Liston should also convey -her ?thoughts to the State Reclamation Board and Reclamation District ~~2106. Richard T, Aide, Oroville. Writes regarding application for position of /03,`'f~ public Guardian, Referred~:to Administration for reply, Butte County Bar Association, The Association sends resolution commending ll'7~p O and thanking the Board of Supervisors for their forethought and development of the Butte County Law Library, Information only, County Superintendent of Schools. Mr. Evans writes regarding charges and costs ~ p used in computation of the Superintendent of Schools tax rate. E'O ~' Discussed, Mr. Blackstock stated that he is meeting with the Board of Education tomorrow and will report to the Board of Supervisors after this meeting, Fiscal Independence discussed. The Board members' individual feelings on this have not changed, Durham Irrigation District. The District Board unanimously passed a resolution requesting that Sidney A. Greene be reappointed Director of Division / ©~~~ ~ 1 inasmuch as no nominee filed for the office of Director of Division 1. Action was taken reappointing Mr. Greene at the last Board meeting. Lancashire Corporation, San Rafael. The Corporation files protest to action v of the Planning Commission eliminating use permits and designating their ~ / 3,a property exclusively "A-R". Property located at Oro Dam Blvd, and 'Glen Drive. Hearing set later in meeting for Nov. 27th on this matter, Letter to be placed in file for hearing, County of Placer. The County forwards Resolution 73-53b urging.the Governor Q 0.,0~ to appoint Supervisor Frank Long of Mariposa County to the Council on Intergovernmental Relations. Action on this matter was taken at last meeting. / b 0 0 ~ County °Regional•CouncilooftRuralaCountiesy olnformationaonlyregarding the County Supervisors Association of California. The Association requests that any ordinance or resolution dealing with control of litter be forwarded to the State Solid Waste Management Board for their information. Referred to Public Works for reply, Governor Reagan, The Governor forwards copy of State of California's En- vironmental Goals and Policy Report. Information only, Page 37 October 16, 1973 __--=__=====Octoberl6y 1973--===_=====Y===== 1Thermalito Elementary School District, Writes to object to the proposed ~~ n' speed limit change on Grand Avenue and Nelson Avenue. Referred to Public Works for reply. Butte County Fish and Game Commission, Gene Mercer, secretary, writes G regarding Fish and Game's request that the Board and Dept. of ~ ,~ Parks & Recreation, Dept, of Fish and Game and State Water "~ ~ Resources come to agreement for shooting on Oroville Lake, Letter read and discussed, The Board requested that Mr. Mercer appear before the Board with maps illustrating what the Fish and Game is indicating. 73-1643 APPROVE MERIT ADVANCE FOR HOSPITAL ADMINISTRATOR Merit advance for Walter Atkin, hospital administrator, discussed, On motion of Supervisor~Gilman, seconded b1' Supervisor Madigan and unanimously carried, merit advance for Walter Atkin, hospital administrator, from Range 30.5, step D, to Range 30.5 step E, was. approved, Mr. Atkin. is eligible for this advance on October 20, 1973, Supervisor Madigan asked if anything has happened regarding the letter that was sent to H.C.S. Corporation regarding leasing of the County Hospital. Mr. Nickelson stated that he has heard nothing from the Corporation, ~3-I644 ADOPT RESOLUTION 73-•1.72 AMENDING SECTION 8.10 of THE BUTTE COUNTY PERSONNEL RULES - RESOLUTION N0, 62-5 Clif Nickelson, administrative officer, set out the resolution amending Section 8,10 of the Butte County Personnel Rules establishing policy for employees laid off and then reinstated within twelve months as discussed at the last Board meeting. On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, Resolution No, 73-172, amending Section 8.10 of -• the Butte County Personnel Rules - Resolution No, 62-5, was adopted and the Chairman authorized to sign, 73-1645 DECLARE TYPIST CHAIR AND 16 DEAD WALNUT TREES SURPLUS PROPERTY Clif Nickelson set out the requests for declaration of surplus property. Discussed, On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following items were declared surplus and the Purchasing Agent was authorized to dispose of same: 1. 9ne Cramer typist chair ~~27725 from the Superintendent of Schools; chair is in need of reupholstering and not worth recover7.itg 2, Sixteen dead black walnut trees in the Chico area, requested by Public Works. 73-1646_ AUTHORIZE CALL k'OR BID FOR EIGHT TRUCKS - BID OPENING NOVEMBER 7, 1973 Clif Nickelson explained that specifications have been prepared for purchase of eight trucks to be bid locally, These include three eight-yard dump trucks and three three-yard dump trucks for Public Works, one 29,000 GVW cab and chassis for Ag Commissioner and one 4x4 utility vehicle for Health Department. On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, call for bid for the eight trucks was authorized, with opening set for 2;30 p,m., Wednesday, November 7, 1973 .in the Purchasing Page 38 October 16, 1973 Office with report and recommendation to the Board on November 13, 1973. 73-1647 AWARD PURCHASE OF HEAT LAMP VACUUM APPLICATOR TO 3M COMPANY $3,000 was budgeted in Public Works for a heat lamp vacuum applicator used in sign making, It has been determined that this is a sole source item available only from the 3M Company. A purchase price of $2,490 plus sales tax has been negotiated, Discussed. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, purchase of heat lamp vacuum applicator for the amount of $2,490 plus tax was awarded ao 3M Company, 73-1648 ADOPT PROPOSAL FROM WELRARE DEPARTMENT FOR HOMEMAKER PROGRAM Supervisors Cameron and Madigan reported concerning their meeting with the Welfare Department and EOC regarding the Homemaker Pragram proposals, Supervisor Cameron stated that after studying and meeting with these groups, he would like to see EOC handle the program. However, from a cost standpoint, there is no way this can be done, He felt the committee should report in three months and six months to see exactly where the costs are. He felt that the Welfare Department should be strongly urged to hire people who are on Welfare. Discussed. On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the Homemaker Program recommendation from the standing committee of Supervisors Cameron and Madigan, .in which fhe Welfare Deparrtment will handle the program for seven months; was adopted. The Committee will report back to the Board in three months with an evaluation of the program, 73-1649 ADOPT ORDINANCE N0, 1404 AMENDING THE SALARY ORDINANCE Clif Nickelson, administrative officer, set out the proposed salary ordinance with an amendment for the Homemaker program. This would add a class of positions called unskilled worker at $2.00 per hour, and Uhis~could also be used in other areas and is an extra help position. This salary ordinance amendment would add one special investigator, three Sheriff's investigators and a stenographer clerk II to the Sheriff's Department, These are the positions included in the application for grant for the narcotic intelligence unit, The ordinance would also transfer a clerk from the Agriculture budget to Central Services. Ordinance discussed, On motion of Supervisor Madigan, seconded by Supervisor Cameron and unanimously carried, Ordinance No, 1404, an ordinance amending Ordinance No. 1284 of the County of Butte, known as the Salary Ordinance, was adopted and the Chairman was authorized to sign, 73-1650 ADOPT ORDINANCE N0, 1405, AMENDING SECTION 2,71 of THE BUTTE COUNTY CODE, ADOPT RESOLUTIONS 73-173, 73-174, & 73-175, ESTABLISHING COMPENSATION FOR AESIGNATED COUNTY COMMISSIONS AND BOARDS Clif Nickelson set out the proposed ordinance and resolutions implementing establishment of standard fees and mileage for boards and commissions, On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the following ordinance and resolutions were adopted and the Chairman authorized to sign; Ordinance No, 1405, an ordinance amending Section 2.71 of the Butte County Code, to provide the Planning Commission members compensation fees-are to be set by resolution. Resolution 73-I73, amending Resolution 73-138 providing that Resolution Page 39 October 16, 1973 October 16, 1973 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 73138 shall apply to members of the Planning Commission, Assessment Appeals Board, Charter Study Committee, Fish and Fame Commission and Mental Health Advisory Board, Resolution 73-174, establishing compensation for members of the Butte County Air Pollution Control District Hearing Board at $20 for each meeting attended, and travel reimbursement at $.14 per mile fgr.the first 500 miles each month and $,12 per mile thereafter. Resolution 73-175, establishing compensation for members of the Juvenile Justice Commission and Planning Commission at $20 per meeting, not to exceed two meetings per month for the Juvenile Justice Commission and further providing that the Planning Commission shall be reimbursed for travel expenses as established by resolution for county offices and employees. 73-1651 AUTHORIZE PURCHASE OF COVERAGE FOR BUTTE COUNTY LAW LIBRARY Clif Nickelson set out the proposed policy for insurance coverage for the Butte County Law Library, The Law Library Trustees request Board authorization for additional insurance coverage for the Law Library as coverage under the County's existing policies for the Law Library books is limited specifically to "fire and wind storm loss," This would not cover such things as vandalism, water damage, etc, A comprehensive policy caverng books and equipment has been written with annual premium at $677. Supervisor Madigan felt this is necessary because this is a valuable asset that is not covered for some hazards. Supervisor Ladd did not feel that this was justified, Discussed, Supervisor Gilman did not feel there was enough information about this insurance policy. On motion of Supervisor Madigan, seconded by Supervisor Cameron and carried, the purchase of insurance coverage in the yearly amount of $677, under the General Insurance budget, was authorized, AYES; Supervisors Cameron, Madigan and Chairman McKillop NOES: Supervisors Gilman and Ladd 73-1652 HEARING SET FOR PETITION FOR VARIANCE TO PROVISIONS OF SECTIONS 1910 and/ or 19-12 OF__T_H~_BUTTE COUNTY CODE fRIDENOUR) - NOVEMBER 13th AT 2;00 P,M. Howard Toussaint, county sanitarian, reported that the petition for ~'/ variance to provisions of Sections 19-10 and/or 19-12 of the County Code ''3• from Floyd W. Ridenour, at 740 North Graves Avenue, Chico, meets fee and Health Department requirements, Hearing on this petition was set for November 13, 1973 at 2;00 p.m. 73-1653 APPROVE BUDGET Ti2ANSFERS Budget transfers set out and discussed. On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, the following budget transfers were approved; B-13, Local Agency Formation Coamiission, $16,43 from other travel to Board authorized travel, B-14, Veterans Service Officer, $220 from salaries and wages regular to overtime. 73-1654 DISCUSSION: SPACE NEEDS FOR BATA PROCESSING AND JWENILE HALL Clif Nickelson expressed the concern of Administration, Data Processing and other deparxments about the delay in a decision as to where Page 40 October 16, 1973 _______October16s1973____ __ Data Processing is to go, If the department is to go into the old library, it would take at least four or five months, or if it is to go into the Auditor's office, the Univac contract may be in jeopardy. He felt the south wing of the hospital would be a good place for Data Processing. Even though a draftsman is going to be hired to study the space: needs, he felt that a decision for Data Processing could not wait much longer. Chairman McKillop felt that the Board could make this decision before an actual study is made, Mr „ Nickelson set out the space at the hospital that could be utilized by Data Processing. Space needs discussed. The Board will visit the hospital this afternoon, to see if Data Processing could be moved there, Nr, Nickelson set out the space needs for ,juvenile Hall. He stated that it is in violation nearly everyday w3.th. i_ts present- space,. Discussed, Mr, Castleberry, public works director, will include this in the study of space needs. 73-1655 DIRECT HEALTH DEPARTMENT. TO PROCEED WITH LOCAL REVIEW OF DEVELOPMENT RE STATE WATER RESOURCES CONTROL BOARD CONDITIONS ON PID WATER RIGHTS Howard Toussaint, county sanitarian, was present to discuss ahe State Water Resources Control Board's conditions placed on Paradise Irrigation District watex rights, The conditions include that the PID shall not serve water to any new commercial, industrial or mobile home parks over three per parcel, unless they comply with sewage waste disposal guidelines as set by the Water Resources Control Board, Mr. Toussaint set out alternatives as to how these conditions can be handled, Discussed, The Board directed the Health Department to proceed with the alternative whereby the local health department shall review these new developments based on the State Guidelines and notify the PID. Those not meeting the guidelines will be referred to the Water Quality Control Board, This will be handled on a permit basis. Mr, Toussaint stated that the land division ordinance will have some revisions as to this matter, „73=1656 ADOPT RESOLUTID N N0, 73-176, AUTHORIZING CHAIRMAN TO SIGN COOPElYATIVE AGREEMENT WITH WILDLIFE CONSERVATION BOARD & AGREEMENT WITH DEPT. OF PARKS & RECREATION FOR FISHING AGCESS:•~DEVELOPMENT, LAKE OROVILLE Clay Castleberry, public works director, set out the agreements and an encroachment permit from the Department of Water Resources regarding the Fishing Access Development, at Lake Oroville. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following agreements were approved subject to approval by County Counsel and Auditor, and Resolution 73-176, authorizing the Chairman to sign, was adopted and the Chairman was authorized to sign; 1. Cooperative Agreement between the Wildlife Conservation Board and County of Butte for the maintenance and operation of the fishing access sites, 2. Agreement between the County and parks and Recreation, whereby State Parks agrees to provide the necessary "day to day care and upkeep" for these facilities, Page 41 October 16, 1973 October 16, 1973 73-1657 AUTHORIZE TRANSFER OF FUNDS FOR PUBLIC WORKS AIR CONDITIONER public Works requested authorization to acquire a replacement air conditioner for the yard storekeeper .:office for a 15 year old machine that broke down. 8n motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, a transfer of funds from 10310 shop maintenance to cover $526 BTU unit to replace the 15 year old air conditioner, was authorized, 73-1658 APPROVE CCO #1 PAVING CONTRACT SKYWAY' APPROVE AGRELMEENTS FOR SALE On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the following action was taken on Public Works items; 1. Approve CCO ~~1 increased quantities for total of $6,856 increase to extend paving on Skyway from 1,8 miles SW of Russell Drive to'2.3 miles SW of Russell Drive. 2, Approve agreements for sale, authorize Chairman to sign and authorize Auditor to issue warrant upon demand of County's escrow agent on the following; Skyway FAS 757(4) R. D. Carlsen 0.037 ac. $800 No impr, Total; $800 Skyway FAS 757(4) G, J, Ortez 0,018 ac. $400 No .impr, Total; $400 73-1659 REPORT: SKYL7gY CONSTRUCTION Clay Castleberry reported that Public Works conditioned approval of the map for recanstruction of the existing Skyway adjanent to the Paradise Pines Commercial Park and the widening and overlaying of the existing Skyway southerly from this park to meet another section, Subsequently, Public Works has asked the Larwin Company to totally reconstruct instead of merely widening, Mr, Caslteberry stated that he had indicated to Larwin that if they would totally reconstruct rather than merely widen the Skyway, that he would ssk the Board to consider as County obligation the mods-,fying of driveways to sexve the county residents outside the Larwin area. Mr, Castleberry will view this on-site with Supervisor Cameron, Mr. Castleberry reported that competitive bids for plans approved by Butte County indicate that this cost would be $9,471.00. 73-1660 APPROVE FINAL SUBDIVISION MAPS: KELLY RIDGE SUBDIVISION UNITS lA & 1B Mr. Castleberry requested that the Board approve the Final maps for Kelly Ridge Subdivision Units,.1A & 1B. On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, the final subdivision maps for Kelly Ridge Subdivision Units lA and 1B were approved, 73-16b1 DISCUSSION: OROVILLE TRANSFER STATION PROBLEM Clay Castleberry discussed the problem at Oroville transfer station, The Simpsons, who Leave the contract with the County for this, were closed for three days last week and were also closed for a few days about six weeks ago. He felt the Simpsons may give the County sixty days notice on their contract, which would mean a crisis for the County, He listed the alternatives for the transfer station: 1) re-bid 2) contract hauling as is done at Gridley 3) a compactor type unit o~ 4) with the energy crisis, investigate the installation of an air pollution pxoof incinerator with a steam by-product. Discussed, Mr. Castleberry felt the Simpson's bid iaas'too low for this job, Page 42 October 16, 1973 _ _ _ _ = r = _ _ _ =October=16,J1973 _ _ _ _ _ _ _ _ - _ T _ He felt if the job were re-bid, it would cost about three times as much as the County is now paying, Timothy Road site for transfer station discussed, Chairman McKi]I.op asked whether this site is approved by Water i~vality Control. Mr, Castleberry stated that he has received no approval up to this date, He stated that he could explore the cost savings on the Gridley-Biggs garbage costs by going to the Timothy Road site. Mr. Castleberry and Supervisor Ladd were directed to Zook into the alternatives for this matter. RECESS: 10;30 a,m. RECONVENE: i0:45 a,m. RECESS: 10:45 a,m, for executive session regarding personnel RECONVENE: 11;00 a,m, following executive session 73-1662 PUBLTC_HEARINGS. SET FOR NOVEMBER 27th AT 2;Q0 P,M. - PLANNING COMMISSION INITIATED ORO DAM BLVD OROVILLE The following matters were set for public hearing on Tuesday, November 27, 1973 at 2;00 p.m.: , Planning Commission initiated; a) Rezone from "C-C" (highway commercial) to "R-1" (single family residential) district for property located within 350 ft., and on both sides of the centerline of Oroville Dam Blvd, Esst, from Canyon Highlands Drive to the west line of Section 10, T19N, R4E, MDB&M. b) Rezone from ~H-C" (highway commercial) and "A-R" (agricultural- residential) district to "S-2" (minimum-density suburban- residential) district for property located north of Oroville Dam Blvd, East, c) Rezone from "H-C" (highway-commercial) to "A-R" (agricultural- residential) all that portion of Section 3 and Section I0, located on the south side and within 350 ft. of the centerline of Oroville Dam Blvd, East, d) Rezone from "H-C" (Highway commercial) and "A-R" (agricultural- residential) to'"P=Q"'(public~:quasi.public) property located north of Oroville Dam Blvd, East. 73-1663 APPROVE MARTHA SCOTT TENTATIVE PARCEL MAP AP 51-171-18 PARADISE Jim Lawson, planning director, explained the background of the Martha Scott tentative parcel map, AP 51-171-18, four lots on Diamond Avenue, off Bille Road, Paradise, The map was :recommended far approval by the Subdivision Committee and Planning Commission, but was continued by the Board for investigation of the property, Mr, Lawson has investigated the property and has made a recommendation to the Board, He discussed his concern regarding the fourth parcel created by an easement, Discussed, Phil Mace, whose client Has an option to purchase this property, felt that the two lots nearest Diamond Avenue could be merged into one lot, Mrs. Scott appeared at this time, and agreed to the proposed approval of the map. She stated she would file the final map showing three lots. On motion of Supervisor Cameron, seconded by Supervisor Ladd aad unanimously carried, the following tentative parcel map recommended for Page 43 October 16, 1973 October 16, 1973 approval was approved with the conditions of the Planning Commission, the finding of a negative EIR and the two added conditions (~~8 & ~F9) by the Board; Martha Scott, AP 51-171-18, 4 lots, on Diamond Avenue, off Biile Road, Paradise. Pursuant to the requirements of Section 20,3 of the Butte County Code, the tentative parcel map of the above property has been reviewed by the Butte County Subdivision Committee and the Planning Commission. The applicant is requesting an exception to lot size on Parcel 4, which requires a 100 ft, Iot depth, (Recommended granting of exception by Planning Commission at Sept, 6, 1973 Commission meeting) The Subdivision Committee and the Planning Commission recommend approval of the tentative map, subject to the following conditions; 1. Verify the location of the existing septic tank systems on the parcels and relocate if necessary. 2. Combine Parcels 3 and 4, per Health Dept, requirements. (rec- ommended for deletion by Planning Commission Sept. 6, 1973) 3. Deed to the County of Butte 30 ft. right-of-way measured from the centerline o£ Diamond Avenue 4, Provide a non-exclusive easement to Parcels 2, 3 and 4. 5, Provide a 20 ft, building setback line measured from the edge of the easement, 6. Name street and install adequate street sign. 7, Coordinate street name with Paradise Fire Department to avoid duplication, 8. Fiie final map to show lots 1 and 2 as one, resulting in three divisions. 9, Correct the waste line from the existing structure and connect said line to a septic system, A Negative Environmental Impact Declaration was filed with the County Clerk on July lb, 1973, 73-1664 APPROVE TWELVE TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following tentative parcel maps recommended for approval, were approved with the conditions of the Planning Commission and the filing of a negative EIP.s 1. Leroy Rudolph, AP 43-28-4 & ~,3 lots, north side of W. Sacramento Avenue, west of Nord Avenue, Chico 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 CoQrtnittee and the Planning Commission, The Subdivision Committee and the planning Commission recommends approval of the tentative map, subject to the following conditions; Page 44 October 16, 1973 October 16, 1973 1) Verify the location of the septic tank systems and relocate if necessary, 2) Deed to the County of Butte 30 ft, right-of-way measured from the Centerline of W. Sacramento Avenue. 3) Indicate a 50 ft, building setback measured from the centerline of W, Sacramento Avenue A Negative Environmental Impact Declaration was filed with the County Clerk of Spetember 17, 1973. 2, Southern California Financial Corp., AP 34-01-21, 2 lots, southwest corner Royal Oaks Road and Kelly Ridge Road, Oroville, Engineer: Cook Assoc. pursuant to the requirements of Section 20,3 of the Butte County Code, the tentative parcel map of the above property has been reviewed by the Butte County Subdivision Committee and the Planning Comidssion, The Subdivision Committee and the planning Commission recommend approval of the tentative map as submitted. A Negative Environmental Impact Declaration was filed with the Gounty Clerk on September 17, 1973. 3. Darrell Parrot. AP 24-09-11, 2 lots, northwest corner Gilstrap and O'Brien Avenues, and on south side of Sheldon Avenue, Gridley, Surveyor; Charles Muncy. Pursuant to the requirements o£ 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 recommends approval of the tentative map, subject to the following conditions; 1) Verify that the subject parcel was legally created prior to March 4, 1972, Z) Deed to the county of Butte 30 ft, of right-of-way measured from the centerlines of Gilstrap, O'Brien and Sheldon Avenues. The Planning Commission recommends approval of the tentative parcel map, subject to the following conditions; 1) Verify that the subject parcel was legally created prior to March 4, 1973, 2) Deed to the County of Butte 30 ft, of right-of-way measured from the centerline of O'Brien Avenue, A Negative Environmental Impact Declaration was filed with the County Clerk of September 17, 1973, 4. Henry.C. De Garmo, AP 44-44-28 and AP 44-48-06, 2 lots, on Tonea Drive, between Hwy, 99E and Esplanade, Chico. Surveyor; D. R. Roper Pursuant tb 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 age .~SPlanning Commission. October 16, 1973 October 16, 1973 The Subdivision Committee and the planning Commission recommend approval of the tentative parcel map, subject to the following conditions; 1) Indicate a 25 ft. septic-tank free setback line measured from the edge of the drainage ditch along the highway, 2) Deed to the County of Butte 30 ft, right-of-way measured from the centerline of ~onea Drive, including 20 ft, returns on the Esplanade. 3) Show the existing cul-de-sac, 4) Indicate 50 ft. building setback lines measured from the centerline of Tonea Drive. 5) Indicate a 55 ft, building setback line measured from the center- line of the Esplanade. 6) Provide permanent drainage solution as required by Public Works or provide temporary drainage and a minimum $100 per lot. A Negative Environmental Impact Declaration was filed with the County Clerk of September 17, 1973. 5. Mrs. Charles T. Neary, AP 57-39-02, 4 lots, east side of Hwy, 32, end of Dorrett Drive, Porest Ranch. Surveyor; D.R. Roper Pursuant to the requirements of Section 20,3 of the Butte County Code, the tentative parcel map of the above property has been reviewed by the Butte County Subdivision Committee and the Planning Commission, The Subdivision Committee and the Planning Commission recommend approval of the tentative parcel map, subject to the following conditions: 1) Provide the Health Dept, with information sufficient to meet requirements of the Subdivision ordinance as to the availability of water or place a statement on the final map that there is no evidence of domestic water. 2) Indicate 50 ft, building setback lines measured from the center- line of the right-of-way. 3) A cul-de-sac to be provided at the end of the right-of-way, A Negative Environmental Tmpact Declaration was filed wi131 the County Clerk on September 17, 1973. 6. Ro11en Waterson & Assoc., AP 73-23-31, 2 lots, north side of Marysville-l,aPort Road, west of Clipper Mills, Engineer; Walter B. Grimes & Assoc. pursuant to the requirements of Section 20,3 of the Butte County Code, the tentative parcel map of .the above property has been reviewed by the Butte County Subdivision Committee and the Planning Commission. The Subdivision Committee and the Planning Commission recommend approval of the tentative rre p, subject to the following conditions: 1) Provide the Health Dept. with information sufficient to meet requirements of the subdivision ordinance as to the availability of water or place a statement on the final map that there is ne evidence of dam~stic water. 2) Indicate a 55 ft. building setback line measured from the center- Page 46 October 16, 1973 October 16, 1973 line of Marysville-LaPort Road, 3) Deed to the County pf Butte 40 ft. right-of~aay measured from the centerline of Marysville-Zaport Road, A Negative Environmental Impact Declaration was filed with the County Clerk on September 17, 1973. 7, Pete Skuris, AP 24-11-49, 80, 81 & 32, 4 lots, north sde of Wright Avenue, east of Hwy. 99E, Gridley. Engineer; Kendall Engineering, Pursuant to the requirements of Section 20,3 of the Butte County Code, the tentative parcel map of the above pm perty has been reviewed by the Butte County Subdivision Committee and the planning Commission. The Subdivision Cammittee and the Planning Commission recommend approval of the tentative map, subject to the following conditionsi 1) Deed to the County of Butte 30 ft, right-of-way measured from the centerline of Wright Avenue. 2) Indicate 50 ft. building setback line measured from the center- line of Wright Avenue, 3} Show the drainage ditch, A Negative Environmental Impact Declaration was filed with the County Clerk on September 17, 1973. 8, C. E. Gallaway, AP 24-1737 & 38, 4 lots, east side of Cowee Avenue, north of Turner Avenue, Gridley, Engineer; Kendall Engineering, 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 recommend approval of the tentative map, subject to the following condition; 1) Verify that the subject parcel was legally created prior to March 4, 1972, A Negative Environmental Impact Declaration was filed with the County Clerk on September 17, 1973. 9. Alice C. Beagle, AP 42-26-09, 3 lots, on Sutter Avenue and Sacramento River, off Sacramento Avenue, west of Chico. Engineer; McCain Assoc, pursuant to the requirements of Section 20,3 of the Butte County Code, the tentative parcel map of the above property has been reviewed by the Butte County Subdivision Committee and the Planning Commission, The Subdivision Committee and the Planning Commission recommend approval of the tentative map, subject to the following conditions; 1) Deed to the County of Butte 30 ft. right-of-way measured from the centerline of River Road, Page 47 October 16, 1973 October 16= 1973 2) Note on the final map that this land division is within the designated floodway of ,the Sacramento River and any building thereon will be subject to the approval of the State Reclamation Board, A Negative Environmental Impact Declaration was filed with the County Clerk on September 17, 1973. 10, E. M. West & 0. B. Snyder, Ap 54-09-21 (portion) 3 lots, south side of Buschmann $oad, west of Clark Road, Paradise. Pursuant to the requirements of Section 20,3 of the Butte County Code, the tentative parcel map of the above property has been reviewed by the Butte County Subdivision Committee and the planning Commission, The Subdivision Committee and Planning Commission recommend approval of the tentative map, as submitted. A Negative Environmental Impact Declaration was filed with the County Clerk on September 17, 1973. 11, Del Oro Water Co., AP 57-42-43, 44 & 45, 4 lots, end of Magalia Drive, Magalia. 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 recommend approval of the tentative map, subject to the following conditions; 1) Parcel D is not for development, but for public utility purposes only, per Health Dept, requirements, 2) Provide traversable access. 3) Verify that the existing storm drain is structurally adequate to support road traffic, A Negative Environmental Impact Declaration was filed with the County Clerk on September 17, 1973, 12, Northe m California Conference Association of Seventh-Day Adventists, AP 21-06-6 & 7, 4 lots, on Gridley-Colusa Hwy., near Block Road, Gridley. Engineer: E. W. Stanton. 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 thePlanning Commission, The Subdivision Committee and the Planning Commission recommend approval of the tentative map, subject to the following conditions; 1) Indicate a 55 ft, building setback line measured from the centerline of Gridley-Colusa Hwy. 2) Deed to the County of Butte 40 Ft. right-of-way measured from the centerline of Gridley-Colusa Hwy. Final Environmental Impact Report was adopted by the Planning Commission on September 6, 1973, Page 48 October: l6, 1973 - _ _ _ _ _ _ ~ ~ ~ October 16y 19~3~ ~ - ~ _ _ _ _ _ _ _ _ _ _ _ _ 73-1665 SACRAMENTO FIRM 'IS ADDED TO LIST OF CONSULTANTS FOR EIR PREPARATION Mr, Lawson requested that the Applied Science Firm of Sacramento be added to the list of consultants for EIR preparation for major developments. The Board agreed to this, 73-1666, PROPOSED ORD.INAI~C~ RE RECORDING OF NOTICES OF VIOLATION CONCERNING LAND DIVISIONS AND SUBDIVISIONS - CONTINUED TWO WEEKS Dan Blackstock, county counsel, explained the proposed ordinance regarding recording of notices of violation concerning land divisions and subdivisions, This matter to be placed an next agenda for Board consideration and discussion, 73-1667 REPORT ON CLAIM OF_ROGER CONKRIGHT FOR PLANE DAMAGE County Counsel reported regarding the claim of Roger Conkright for plane damage, Mr, Blackstock stated that Deputy Conkright was using his _plane for a rescue mission, He felt that this should be referred to the County insurance carrier to see if this can be worked out with Mr. Conkright, Discussed, The Board agreed to refer this matter to the County insurance carrier, 73-1668 DISCUSSION: SUPREME COURT HEARING RE REAPPORTIONMENT Dan Blackstock stated that the Supreme Court has set a hearing for the Reapportionment case for October 30th. Mr. Blackstock plans to attend this hearing, and express the objections of the Board, Discussed. The Board felt that Mr. Blackstock was following the proper course on this, 73-1669_ REPORT ON WARD BLVD, LOT SPLIT Mr. Blackstock reported that he has received the title report on the Ward Boulevard lot split and felt that the County could not accept certain exceptions on this. Mr. Blackstock plans to send the title report to the Real Estate Commiesion. 73-1669 DISCUSSION: STREET ,NUMBERING AND NAMING PROPOSAL; AMEND CONTRACT WITH CHICO STATE FOUNDATION Mr, William Collins of Chico State University, was present to discuss the County street numbering and naming proposal. Mr. Coliins presented four alternatives for street number and renaming: 1) rectangular system, 2) system based on zip code regions 3) System whereby numbering would extend beyond existing city limits in five zones, 4) System where each street has its own number system. Alternatives discussed, Clay Castleberry felt the third system would be the best and most consistent. The Board felt that this system would also be the most feasible. Supervisor Ladd felt that perhaps the fourth proposal could be incorporated with. the third, The Board felt the street numbering and naming should proceed using the third and fourth alternatives presented by Mr. Collins. Clay Castleberry explained some changes in the contract for this. This contract would be with the Chico State Foundaflon and is not to exceed $29,000, This is a twelve month program and up to now the university has Page 49 October 16, 1973 October 16,_1973 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ ~ T worked on this without a contract and on good will. Contract changes disaussed. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the amendment to the contract with Chico State Foundation which is not to exceed $29,722, was approved, upon approval of County Counsel and Auditor. 73-1670_ APPEARANCE: DARRELL STEVENS RE NOTICE OF VIOLATION FOR LAND DIVISIONS AND SUBDIVLSIONS Darrell Stevens, attorney at law, appeared at this time regarding notices of violation for land divisions and subdivisions. He is representing the Northwest Title Company of Butte County, and expressed the problems the company has had with these violations, The title company has built in some protection with exceptions to title reports that state that ' ao : •.assurance .has been made that previous splits of the property had complied with County ordinances or State laws. He encouraged the Board to enact an ordinance for these notices of violation as soon as possible. He suggested that policy be made to direct possibly the Assessor to notify Public Works of any potential violation. Discussed. No action taken, 73-1671 APPEARANCE:, SANDRA READ ;, AUTHORIZE BLOCK PARTY BETWEEN MEADOW D b VIEW AND NORTHVIEW ON WESTWOOD, OROVILLE,FOR OCTOBER 21st ap. Sandra Read appeared at this time to request permission to block off the street between Dieadow View and Northview on Westwood between 4;30 and 6;00 on October 21, 1973, for the purpose of a block party. On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the request fox permission to block off'Meadow View and~Northview on Westwood between 4;30 and x;00 on October 21, 1973 was granted, 73-1672 APPEARANCE: ,HOMER RASEY: ACCEPT VERIFICATION OF RIGHT TO USE AZALEA WAY PARADISE Mr, Homer Rasey, Paradise, appeared at this time regarding the right to use Azalea Way. Mr. Rasey is trying to split a lot and is required to show verification of right to use Azalea Way, Clay Castleberry explained the requirements. The Planning Commission has asked for this verification. There are no recorded easements on Azalea Way, Matter discussed. Mr. Rasey stated that his map was approved by the Board, and the only verification he has is a bill from Bailey Construction for road work done on Azalea Way. On motion of Supervisor Ladd, seconded by Supervisor Cameron and carried, verification of the tight to use Azalea Way, in the form of a bill for improvement work on Azalea Way, was accepted, with the stipulation that there is no evidence contrary to this. AYES: Supervisors Cameron, Gilman, Ladd and Chairman McKillop; NOES: Supervisor Madigari• 73-1473 APPEARANCE: BILL TOLBITZER RE ZONING MATTERS Mr, Tolbitzer appeared at this time, and wondered about the feasibility of putting zoning on tax bills, which would. designate the proper zoning for property, He felt that it may be advantageous to have fore-site in this area, Matter discussed. Supervisor Madigan felt this could be misleading because some zoning may have changed by the time the tax bill comes out and the bill would show the wrong zone. No action taken. Page 50 October 16, 1973 October 16, 1973 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ T - - - _ _ _ - _ _ _ 73-1674 APPEARANCE: JIM OAERHOLTZER RE ZONING Jim Overholtzer, Paradise, appeared regarding how to handle a parcel that has zoning lines running through it. Chairman McKillop stated that this is a bad situation which the County is trying to rectify. There is no existing policy for handling this, Dan Blackstock, county counsel, stated that in cases such as this an individual could try to initiate zoning... . 73-1675 DISCUSSION:. PROPOSED ORDINANCE RE TREE REMOVAL AND DESTRUCTION OF TREES IN PARADISE AREA Bertha Smith, member of the Paradise Tree Committee, appeared before the Board and discussed her feelings regarding the Board's consideration of the proposed tree ordinance for the Paradise area. This ordinance would add Article IV to Chapter 23 of the Butte County Code, controlling the cutting down, removal and destruction of trees within Paradise area of Butte County, Mrs, Smith read portians of an article from the September C7th Sacramento Bee regarding saving trees. Matter discussed, Chairman McKillop stated that it is the consensus of the $oard that there will be a tree ordinance. 'Yhe Board continued this matter last week because it is waiting for additional input, The possibility of amending a service district in the area to include the expenses caused by the tree ordinance discussed. Dan Blackstock did not recommend that a county service district be used for this activity, because an opinion from the Attorney General states that county service axeas should not be authorized for regulatory activity. Mr, Blackstock suggested that perhaps the Paradise fire protection district or the PID regulate the removal of trees by ordinance, rather than the Board doing this. Matter discussed, Possibility of a public hearing discussed, This matter to be placed on agenda in two weeks. County Counsel will send the County Fire Department's recommendation regarding the proposed ordinance to the Board, Mr. Sutke, member of the Paradise area Tree Advisory Committee, stated that he has 35 years experience in tree surgery and assured the Board that there are some very qualified people on this committee. Jim Overholtzer, Paradise, asked whether there will be a public hearing on the proposed ordinance. Chairman McKillop stated there would be a hearing if the people in Paradise desire one. He felt a hearing may be the best procedure to follow. Discussed. Matter continued two weeks, 73-167b APPOINT HERMAN J. COCHRAN & H, L, FITZSIMMONS TO OROVILLE CEMETERY DISTRICT BOARD On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, Mr, Herman J. Cochran was appointed replacing H.H. Patton, and H. L. Fitzsimmons was reappointed to the Oroville Cemetery District Board, and a letter to be sent to H. H., .Patton thanking him €or his service, 73-1677 APPOINT DARRELL STE_VENS TO THE PERSONNEL APPEALS BOARD Clif Nickelson explained that pursuant to the personnel rules, the employee representative, Mr. Dean Cofer, and the management representative Mr, Dave Vasco, have~~elected Mr. Darrell Stevens, a local attorney, to be the recommended member from the private sector, Mr, Stevens will replace Mr, Page 51 October 1b, 1973 October 16, 1973 Ray Leonard, On motinn of Supervisor Cameron, seconded by Supervisor Madigan and unanimous~:y carried, Mr. Darrell Stevens was appointed to the Personnel Appeals Board, and a letter is to be sent to Ray Leonard thanlmig him for his years of service. 73-1678. LAND D2VIS,ION_LT,E~IS REFERRED TQ REAL ESTATE COMMISSION TO BE DISCUSSED AT NEXT BOARDIPLANNING COMMISSION MEETING It was felt that land division items referred to the Real Estate Commission will be discussed at the next meeting of the Board and the Planning Commission. 73-1679 DISCUSSION: PROPOSITION I The Governor's Tax Initiative (Proposition I) discussed, Supervisor Cameron felt the Board should discuss this because the ramifications of this proposition should be put out in a form the pen Ole could understand, He stated that he has agreed to speak anywhere in the bounty against this initiative, Supervisor Gilman did: not feel it was proper for the Board to take a position on this initiative. Supervisor Ladd felt the Board should not take anything other than individual positions on this. Supervisor Madigan discussed the meeting regarding Proposition I that was held last Friday. Chairman McKillop felt that the Board's attendance at this meeting was not a good representation of the County. Matter continued to October 30th, which. was felt to be a proper time to take positions on the matter. 73-1680 APPOINT DEAN WORCESTER TO THE PARADISE IRRIGATION DISTRICT BOARD Supervisor Cameron stated that the paradise Irrigation District is looking for action from the Board to appoint a replacement for Charles Todd, qualifications discussed, On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, Dean Worcester was appointed to the Paradise Irrigation District Board effective November 1, 1973, or as soon thereafter as he can qualify. ADJOURNMENT There being nothing further before the Board at this time, the meeting was adjourned at 1;05 p,m. to reconvene on Tuesday, October 30, 1973 at 9:00 a,m. ATTEST: CLARK A, NELSON, COUNTY CLERK BX: ~Gh/~ Chair an of the Board Page 52 October 16, 1973