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HomeMy WebLinkAboutM120473December 4, 1973 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, Madigan and Chairman McKillop. Clif Nickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark A. Nelson, County Clerk, by Maxgie Catt, Board of Supervisors Clerk. INVOCATION: Rev. E. E. Smith, First Assembly of God Church, Oroville. Pledge of allegiance to the Flag of the United States of America 73-1840 APPROVAL OF MINUTES On motion of Supervisor Ladd, seconded by Supervisor Cameron and unanimously carried, the minutes of November 27, 1973 were approved as mailed with the amendment to Item 73-1832, to state that the public hearing concerning the renaming of certain county roadway was closed to the public and continued for Board action only. r 73-1841 COMMUNICATIONS Mr. and Mrs. Ted M. Turner, Chico. The Turner`s file notice of non-renewal ~ ~ ~ 3 y of land conservation agreement under the Williamson Act. Referred to County Counsel. Medical Center Hospital, Oroville. Mr. Stern, chairman of the Board of 0 r ~ J Directors, writes regarding his Board's discussion of several problems in delivery of medical care. Referred to Administrative Officer, for handlings Medica'1 Centex Hospital, Oroville. Mr. Stern, chairman of the Board of G ~ Dia~ectors, ?writes in response to Board of Supervisors letter of (p 0 ~~ November c1, 1973. Referred to Administrative Officer; he will work with Welfare Dept. on these hospital matters. N. T. Enloe Memorial Hospital, Chico. Mr. Theodore Meriam, chairman, Board ~ v of Trustees, writes that a response to the Board of Supervisors G d ~~ letter regarding health care services wi7>1 be forthcoming from Mr. James P. Sweeney, executive director. Referred to Administrative Officer for handling. N. T. Enloe Memorial Hospital, Chico. James P. Sweeney, executive directory 6 O ~~ ~ a writes in response to the Chairman's letter of November 21, 1973 Referred to Administrative Officer for handling. N. T. Enloe Memorial Hospital, Chico. James P. Sweeney, executive director, writes regarding certain problems in the delivery of medical care. Referred to Administrative Officer. Butte County Economic Opportunity Council, Inc. The Council requests Board consideration of reappointment of four present members of the EOC, plus one additional person to represent a city council. See motion following communications. Acting Governor Ed Reinecke. The Governor writes regarding the fuel shortage and encloses two executive orders issued by the state in this regard. Discussed. Administrative Officer will send memo to Departments requesting that they keep their speed on vehicles at 50mpk Richvale Sanitary District. The Directors of the District passed a resolution requesting the Board of Supervisors to reappoint Ray Bultema and ~ ~ G. Ss George Slusser for four year terms as Directors and Oliver Bjorklund to a four year term as Assessor of the Richvale Sanitary District. See motion following communications. Law Offices of Bach and Bach. Application for Leave to Present Late Claim; Patricia Andrea Sanchez, Julie Ann Sanchez and Andrew Sanchez, Jr., minors. See action later in meeting. Page 124. December.4, 1973 December 4,,1973 r O 0 O J William PeReadoand discuDsedctoMrDeM.ckelson willrarrangeRwithaMr~ Mott .7 a date for this matter to be discussed. Charles A. Skow, attorney at Law. Appeal of North Valley Medical & Convaiescent Center lot split. Referred to Planning Director for study. Carson Investment Co. Opposition to Bob's Disposal Service application on ~/j.D D Myers Street, Chi coo Place in file for hearing to be held on Tuesday, December 11, 1973. U. S. Department of Agriculture, Forest Service. They inform the County O 0, 3 $~ of a hearing date of December 20, 1973 regarding the "Fibreboard" ~ exchange. Read and discussed. Matter to be discussed at the Nine Northern Counties Supervisors meeting. Petition against hunting on Lake Orovilleo Supervisor Cameron filed this p 0. O / petition in opposition to hunting on Lake Oroville. 73-1842 APPROVE REAPPOINTMENT OF PRESENT MEMBERS OF THE EOC On motion of Supervisor Cameron, seconded by Supervisor Ladd and unanimously carried, the following four members were reappointed members of the Butte County Economic Opportunity Council, Tnc. Administering board; Mr. Madigan, Board of Supervisors; Mr'. Berryman-Human Resources Development; Dr. Kent-Chico State University; and Dr. Peterson-Butte County Schools; and fifth member to be appointed after matter is studied by Administrative Officer. 73-1843 APPROVE REAPPOINTMENT OF TWO MEMBERS TO THE BOARD OF DIRECTORS OF RICHVALE SANITARY DISTRICT On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, the Board concurred with the pirectars of the Richvale Sanitary District and approved the reappointment of Ray Bultema and George Slusser as Directors and Oliver Bjorklund as Assessor of the District, for four year terms. 73-1844 APPROVE CLOSING OF SPENCER AVENUE BETWEEN B & C STREETS ON DECEMBER 21st, FOR EL MEDIO CHRISTMAS PARTY Supervisor Ladd read a letter from the E1 Medio Fire Department requesting that Spencer Street between B and C Streets be closed on December 21, 1973 between 6;36 p;.m. and 9;30 p.m, for their annual Christmas party. Request discussed, On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, the request of E1 Medio Fire Department to close Spencer Street between B and C Streets on December 21, 1973 between the hours of 6;30 p.m. and 9:30 p.m. for their annual Christmas party was approved. r/73-1845 APPROVE PUBLIC WORKS ITEMS: ADOPT RESOLUTION 73-194 AUTHORIZING ACQUISITION OF REAL PROPERTY BY EMINENT DOMATN HEGAN LANE-GUNTHER PROPERTY On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following action was taken; 1. Adopted Resolution 73-194 authorizing acquisition of real property by eminent domain (Regan Lane-Gunther property was adopted and the Chairman was authorized to sign. 2. Approved following agreements for sale for right of way acquisition, authorized the Chairman to sign and authorized the Auditor to issue warrants upon demand of County's escrow agent: Skyway FAS 757 (4) Richard K. Moreland 0.056 ac. $1,344.00 Oro-Quincy Hwy. Pauline F. King ~. 0.14 ac. 600.00 (Lake Madrone Disposal Site) December 4, 1973 page 125. _ pecember_4y 1973_ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - 3. Accepted the work of Donoho Refrigeration for the addition and remodeling to Flower Building known as "Improve Flower Building", Golden Feather Fairgrounds, Gridley, the Chairman was authorized to sign the Notice of Completion and the Clerk was instructed to record said Notice with the County Recorder. 4. Approved the common use agreement-Skyway Project 51261-71-1 between the County and PG & E and the Chairman was authorized to sign. 73-1846 INFORMATION AND DISCUSSION ITEMS-PUBLIC WORKS DEPARTM}sNT Clay Castleberry;; Director of Public Works, reported on tentative operational changes for conserving fuel. He said he has instructed his people to be very conservative regarding fuel: use, He said that i£ they reached a point where there is a heavy snow fall, the County would just plow on the main roads first and then plow the other roads~if there is sufficient fuel to do so. He said the State is going to reduce the snow plowing on Highway 32o He explained how the County would handle the snow plowing problem. Mr. Castleberry reported on the solid waste meeting held in Sacramento; he said there would ,e new rules on the operation of solid waste facilities. Discussed; no action taken. Mr. Castleberry said there was another problem with refuse up at Stirling City; the people are not placing their garbage in the disposal bins. Information only; no action needed. Mr. Castleberry said that the additional yardage claim for cover material at Neal Road disposal site was presented for information only. He will report back on this matter at a later date, 73-1847 APPROVE THREE PROGRAM PROPOSALS PRESENTED BY COMMUNITY ACTION AGENCY GOVERNING BOARD The EOC presented three program proposals for Board consideration: (1) Gridley: bi-lingual community worker; (2) Oroville: resource developer; and (3) American Indian beading i,roup: crafts instruction. Proposals discussed. On motion of Supervisor Madigan, seconded by Supervisor Cameron and unanimously carried, the three program proposals presented by the Community Action Agency Governing Board were approved as presented. 73-1848 REPORT BY PERSONNEL DIRECTOR: RECRUITMENT FOR EXECUTIVE DIRECTOR FOR EOC Jim Rackerby, Personnel Director, spoke concerning the attempts to recruit for an executive director for E6C. He recommended that the County follow the same procedure as used in the passed. The most qualified applicants could be interviewed by~ the Board. The Board authorized the personnel Director to follow this procedure. 73-1849 DISCUSSION: AUTHORIZATION FOR PEP POSITION FOR CHICO MARSHAL C1if Nickelson, Administrative Officer, reported on filling of the deputy Chico Marshal, Tt was stated that inasmuch as the County has not been ably to obtain a Mainstream person qualified to fill the Chico Marshal`s position as authorized by the Board at budget time, it is proposed that a PEP position be used. This can be arranged by reallocation of PEP funding. This position will be scheduled for phasing into regular position in the next fiscal year budget. Position discussed. Supervisor Ladd said he would like to see Page 126. December 4, 1973 ___________= Decem13e~4,=1373====----------- the work load for the Chico Marshal's office. He would like to compare the work load with some of the other offices. Mr. Nickelson said they have not compared this position with the other offices. He said his office could make a comparison report for the Board members and present it to them by next week's meeting. Mr. Rackerby said this position should be filled prior to January 1st if the Board plans to fill it with a PEP employee. Matter to be put back on next week's agenda. 73-1850 CERTAIN ITEMS DECLARED SURPLUS PROPERTX: APPROVE CONTRACTS FOR ADVERTISING WITH CHAMBERS OF COMMERCE: APPROVED PROPOSALS FOR CONSERVATION OF ENERGY AND APPROVED BUDGED TRANSFERS It was moved by Supervisor Gilman, and seconded by Supervisor Madigan that the following items presented by Administrative Office be approved; ?. Declared the inventory of drugs and medicines and supplies at the Hospital Pharmacy surplus and authorized the Purchasing Agent to dispose of the items in compliance with state and federal regulations. 2. Approved following contracts for advertising between the County and the following chambers of commerce and authorized the Chairman to sign; Biggs Community Club $ 250.00 Chico Chamber of Commerce 3,000.00 Gridley Chamber of Commerce 800.00 Oroville Chamber of Commerce 3,000.00 Paradise Chamber of Commerce 1,500.00 3. Approved the proposals for conservation of energy and the proposal for change in working hours as presented by Administrative pfficer. 4. Approved the following budget transfers; 8-24 Building and Subdivision - this sets up $7,500 in extra help in the Building and Subdivision budget out of unanticipated revenues and inspection fees. B-25 County Buildings - $280 from household expense to equipment rental within the County Buildings budget. B-26 Public Works.- $9,471 from Skyway repair project to right of way acquisition. This was for driveway modifications on the Skyway construction project authorized by the Board on October 30, 1973. B-27 Public Works - $6,824.95 from the road fund reserve to equipment section to cover additional amount needed for bid for the three each, eight yard dump trucks as per Board minutes of October 30, 1973. B-28 Public Works - $7,000 from refuse hauling and $19,240 from Neal Road land fill with $16,712 going to rural dump operations, $S,O00 to mini-transfer stations land acquisitions, $2,000 to mini transfer stations structures, $2,500 to maintenance of equipment account and $28 to transportation and travel account. B-29 Memorial Halls - $1,565.22 from the general fund reserve and $435 from prior year encumbrances in the Memorial Hall budget with $882.38 going to Page 127. December 4, 1973 _____~-_-=====pecember=4~ 1913=====------- --- the major maintenance account and $1,227.84 going to fixed assets-structures account. $-30 Mental Health - $1,000 from medical, dental and lab supplies to professional and special services. B-19 Sheriff-Coroner - $9,999 from reserve for contingencies to extra help. Motion discussedo Memo from Mr, Mickelson concerning proposals for conservation of energy and change in working hours discussedo His recommendation was that the change in the working hours for the employees not be implemented at this time, Recommendation to leave working hours as set up at present approved, Budget transfers discussed. Transfer B-26 discussed. Mr. Castleberry stated that the money was to be used for the purpose authorized by the Board. Mr. Castleberry explained B-28 transfer. He said they were still looking for help on how they can cut the costs of taking care of the garbage problem. 8-19 Sheriff transfer discussed. Mre Mickelson explained this transfer; he requested that the transfer be authorized so that the extra help could be paid, Mr, Mickelson said he has the report for the Board in rough form concerning the use of extra help and would mail it to the Board as soon as it is put in final shape. Biscussed whether the Revenue sharing funds could be used for this work. This transfer uses revenue sharing funds. Biscussed snow plowing on weekends. Tt was stated that Public Works could not build up a reserve of fuel to use for snow plowing. They have been advised that they will receive less fuel deliveries this year. Use of fuel for snow plowing discussed. The Board indicated that Public Works should continue to snow plow the main road but not to plow the less traveled roads. If the people cannot get through with chains, then Public Works will have to snow plow. It was stated that people will have to realize that there will be less snow plowing to recreational areas. The Board agreed that Public Works should not do snow plowing on overtime. Supervisor Cameron requested that the Administrative Officer contact members of the Oroville Cemetery Board and request that they appear before the Board of Supervisors and explain why they have increased their costs for burial plots and for services within the district, Mr. Mickelson said he would f~31ow through on this matter. Mr. Mickelson reported that the Personnel Officer had called the State Welfare Department and requested a list of their eligible Welfare Directors that might be interested in working for Butte County. Ro11 call on motion; AYES: Supervisors Cameron, Gilman, Ladd, Madigan and Chairman McKillop N~ S: None 73-1851 DTSCUSSION: AMBULANCE CHARGES Supervisor Cameron stated that he noticed on the printouts that are sent to the Board members that the County is being charged for ten ambulance calla. These were charges for runs when the ambulance had been called and upon arrival the patient refused to go with the ambulance. Mr. Mickelson explained the matter of dry-runs; he will double check the amounts for these charges. No action taken on this matter. Mr. Mickelson will report back to the Board. Page 128. Becember 4, 1973 ~~ J_~_~______December 4,,1973________________ Supervisor Ladd said in this same regard, he has received calls regarding the medical books at the County hospital. The Butte Community College needs medical books; they would like the books at the hospital turned over to them at their library. Request turned over to the Administrative Officer; he will report back next week on the request. 73-1852 REPORT: GEORGE STAMM REPORTED ON CORRESPONDENCE RECEIVED BY BOARD FROM STATE DIVISION OF WATER RIGHTS George Stamm, Water Resources Engineer, reported on correspondence received by the Board on November 20 and 27th .from the State Division of Water Rights. He gave an explanation on the notice received from the State Water Control Board. This was a notice that the State would add certain sections to the Water Code. Additions explained and discussed. Mr. Stamm reported on stock watering reservoirso This is a new proposal. The old proposal was not satisfactory; this have modified it. They have separated recreational ponds and stock watering reservoirs. Height of the reservoirs set out. This matter will be discussed at the Northern California group meeting on the 15th, Mr. Stamm stated. He said he would report back to the Board if there is any dissension expressed he would report back to the Board. Discussed; no action taken. RECESS: 10;15 RECONVENED: 10:30 73-1853 REPORT: FIBREBOARD CONTRACTS Supervisor Madigan reported that he had just talked to Bob Mayham of Placer County. He explained the matter of the fibreboard contracts. He stated that he had talked to Dwight Barnes in Washington, D. C.-and they have just passed Legislation that will limit snow recreation activities. The bill has passed the Senate. Discussed; no action necessary. 73-1854 REPORT ON DR. OLSON'S CLAIM Dan Blackstock, County Counsel, stated that the attornies for Dr. Olson were going to submit an additional affidavit; when the affidavit is received, Mr. Blackstock will report back to the Board. 73-1855 REPORT ON WARD BOULEVARD Mr. Blackstock reported that the Title Company was preparing the necessary documents to close out the report on the Ward Boulevard lot splits. He will report back to the Board; the documents are suppose to be delivered to him this afternoon, 73-185$ DISCUSSION: SICKLE CELL ANEMTA RESEARCH AGREEMENT Sickle cell anemia research agreement discussed. County Counsel stated that fie has been working with the Health Department on the agreement; they would prefer to see the agreement prepared on a case by case basis. Agreement to be presented next week; no action at this time. 73-1857 PERSONNEL DIRECTOR INSTRUCTED TO REQUEST PERSONNEL LIST FROM HEW On motion of Supervisor Madigan, seconded by Supervisor Cameron and unanimously carried, the Administrative~Officer and Personnel Director were instructed to request from HEW the personnel list for selection of a Welfare Director for the County. Page 129. December 4, 1973 _Decemhex x,_1473 73-1858 CLAIM OF PATRIC7A ANDREA SANCHEZ, ET AL REJECTED pn motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the application for leave to present late claim of Patricia Andrea Sanchez, Julie Ann Sanchez, and Andrew Sanchez, Jr., minors, by and through their Guardian ad litem, Lupe Sanchez, their natural mother, re wrongful death, was rejected and referred to County Counsel. ~'13-1859 CONTINUATION OF HEARING RE NAMING OF COUNTY HIGHWAYS: ADOPT RESOLUTION 73-195 APPROVING RENAMING OF COUNTY HIGHWAYS The continuation of hearing re naming of County highways-River View Drive, Hillcrest Avenue and Wyandotte Miners Ranch Road, Oroville was held at this time. The hearing last week was closed to the public and confined to the Board for action. Supervisor Ladd had gone over the change of names with Clay Castleberry and was satisfied with the explanation. On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, Resolution 73-195 renaming County Highways (River View Drive, Hillcrest Avenue and Wyandotte Miners Ranch-Road, Oroville) was adopted and the Chairman was authorized to sign. 73-1860 APPROVE APPOINTMENT TO THE BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT ^ pn motion of Supervisor Cameron, seconded by Supervisor Ladd and unanimously carried, the re-appointment of Allan Johnson to the Butte County Mosquito Abatement District, for a term of two years was approved. The re-appointment of James Shelby will be made at a later dafe. Said term to expire December 31, 1975. 73-1861 PUBLIC HEARING SET: NADINE FREEMAN-INTERIM ZONING TO "AR-MH-3" (AGRICULTURAL RESIDENTIAL-MOBILE HOME) DISTRICT FOR PROPERTY ON NIMSHEW ROAD FROM SKYWAY TO SOUTH END OF NIMSHEW ROAD PARADISE .-JANUARY 8. 1974. A public hearing was set for January 8, 1974 at 2;00 p.m, on the Nadine Freeman-interim zoning to "AR-MH'3" (agricultural residential- mobile home) district for property 1,000 ft, on each side of length of Nimshew Road from Skyway to south end of Nimshew road, containing 970 acres, more or less, Nimshew Ridge. RECESS: The Board recessed at 10;40 for an executive session. RECONVENED: The Board reconvened at 11:10 following an executive session. 73-1862 MR. LOUIE RICC1 AND OTHER MEMBERS OF THE OROVILLE RESCUE MISSION RE DESPERATE NEED FOR FACILITIES IN OROVILLE TO AVERT FORTHER TRAGEDIES SUCH AS RECENTLY OCCURED Mr. Louie Ricci, Oroville, and President John Monti, of Oroville Rescue Mission, spoke to the Board regarding desperate need for facilities in Oroville to avert further tragedies such as recently occured. Mr. Ricci said the new Mission was under construction, and that they hope to get into operation as soon as possible. He reported on the work of the Mission; stating that no man was ever turned away from theMission. Mr. Ricci read a prepared statement regarding their official policy. He said the Board of Directors wish to disqualify themselves from taxpayers money. Supervisor Madigan stated that he believes that tb~is organization could stand some help and he thought that maybe as a Christmas project the people of Oroville could help them get re-established. Chairman McKillop said these people should be allowed to participate in the acquisition of the kitchen equipment at the county hospital. page 130, December 4, 1973 _ _ _ _ _ _ _ _ _ _ _ _ _December 4,=1973 - - _ _ Y.. _ - - Supervisor Cameron set out the problem of the alcoholics; he stated that it was difficult for them to find some place to go and sleep. The AAA has a buddy grogram; they call each othere With these men, there is no place for them to call for aid. He felt a study should be made of starting a detoxification center. The Board felt this should be referred to the Department of Health and to the Mental Health Department for study. Mr. Nickelson will follow through on this, 73-1863 APPEARANCE: MRS, ERNIE ALBRECHT, YANKEE HILL Mrs. Ernie Albrecht, Yankee Hill, agreed that there was a lack of coordination in the Alcoholic Program and in doctor care for the indigents. She said there was also the matter of getting into see a doctor and having prescriptions approved. She feels that a Health Clinic should be set up in different areas of the Countyo Chairman McKillop explained what was being done in the matter of health care clinics. He said the County was trying to go in the direction of a health clinic. Mrs. Albrecht requested that the Eoard give consideration to the matter of the health clinic; maybe the Board should take another look at the surplus equipment at the county hospital before disposing of it. Mr. Nickelson said that the items being declared surplus are not items that could be used in clinics. He said the present problem of a clinic is that the County cannot find doctors to run the department, The Covnty is recruiting desperately for a doctor to run the Health Department. Discussed; no action taken. 73-1864 APPEARANCE: MR WILLIAM TOMPKIIVS, PARADISE Mr. William Tompkins, Paradise, spoke concerning the Alcoholic Program. He asked why the taxpayer should have to pick-up the bill for these alcoholics. Why cannot the alcohol producers help with this bill? Supervisor Cameron stated that the lobbyist for the alcohol producers are pretty strong. Mr, Tompkins also felt that children in the public schools should be taught health prevention, An educational course should be given to maintain proger health, Statements of Mr. Tompkins discussed; no action taken. 73-1865 APPEARANCE: JOHN STUTZ~ CHICO RIVER ROAD .john Stutz, Chico River Road, asked the Board if they would take up the matter of lot size in Ag zones at the joint meeting tomorrow .with the Planning Commission. Chairman McKillop stated that this would be discussed at this meeting tomorrow, 73-1866 pISCUSSION: FLOOR PLAN FOR REMODELING SAFEWAy BUELDING_FOR COUiVTY LIBRARY Gene McFarren, Architect, stated that he was present at this time to get some direction from the Board concerning the floor plan for the remodeling of the old Safeway building for the County Library. 1!e set out the proposed plan and explained how it would be handled, Plan for enclosing the dock area explained, He said the estimated cost for this work is $120,000.00; this does not allow anything for the site development work. Page 131. December 4, 1973 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Decemhe2 4,=1373 = _ _ _ _ - _ _ _ _ _ _ plans discussed. Mr. McFarren said he would like authorization to proceed with the plans to go to bid for this remodeling work. Chairman McKillop said he would like the Soard members and Mrs. Terry to indicate that this is the best way to go after their investigation of the plans. It was the consensus of the Board members that Mr. McFarren should proceed with the plans to go to bid for this remodeling work. Preliminary estimates will be given to the Board members. 73-1.867 COUNTY ASSESSOR INTRODUCTION OF STATE BOARD OF E UALIZATION REPRESENTATIVES Dave Vasco, County Assessor, introduced Mro George Riley, Chairman of tY. State Board of Equalization, and John Shuman, an employee of the State Board. Mr. Riley stated that he was making visits to all the Counties within the State. 73-1868 MATTERS PRESENTED BY BOARD MEMBERS Supervisor Gilman stated that they did have a joint library meeting in Chico and that potential sites in that area would be sought in the near future. Supervisor Madigan commented on the memo from Mr. Castleberry concerning the purchase of property. He felt the Board members should take a look at this matter, Supervisor Gilman felt that the transaction should be suspended at this time. Mr. Castleberry said he would hold the agreement of sale until the Board members look at the sites. Supervisor Madigan requested that Supervisor Ladd attend the E.O.C. meeting this week. Supervisor Ladd said he could not attend the meeting. The letter from North Valley Medical & Convalescent Center, regarding the appeal of Planning Commission's decision, put over to next weeks meeting. RECESS: The Board recessed at 12;05 to reconvene on Wednesday, December 5, 1973, a5 8;00 a.m. for the joint planning Commission and Board of Supervisors meeting. December 5, 1973 RECONVENED: The Board reconvened at 8;00 a.m. in the Board of Supervisors Room. Supervisor Ladd absent. 73-1869_,lOINT MEETING WITH PLANNING COMMISSION The Board met at 8:00 a.m. with the members of the Planning Commission. Jim Lawson, Planning Director, explained the items to be discussed. planning Commissioners Gene Sylva, Louis Camenzind, Velma Smith, pri$ci11a Hanford and George Gilbert were present to discuss these items with the Board. GENERAL PLAN DISCUSSION A. AMENDMENT TO TIMBER-MOUNTAIN SECTION OF LAND USE ELEMENT Chairman McKillop stated that Ray Leonard, representing Mr. Curry- developer of Feather Falls area, was present to discuss the amendment to Page 132. December 4, 1973 _____________December 4,_1973 T_==-_-__-_ the timber-mountain section of the land use element. Mr. Leonard set up a map to illustrate his suggestions concerning the Feather Falls area. He said the present ordinance fits their plans for the area. There are approximately 7,000 acres that would be developed in the Feather Falls area. They own about 28,000 acres of open space land above this area. Mr. Leonard said that the Mountain-Recreation plan is being studied thi; morning; he said the general plan should be amended to fit with the existing Mt.-Recreation zoning ordinance. This would solve their problem. He said that Mr, Curry would have the obligation to file the E.I.R. report. Development of timber property discussed. Mr. Leonard stated they were asking for the Ni-R zoning on the 7,000 acres in Feather Falls only. Chairman McKillop thanked M.r. Leonard for his presentation and said that the Board would give consideration to his presentation. Dan Blackstock, County Counsel, explained what the Board should consider at this time. He said he would want the Board to know exactly what consequences would face the Board if they made any changes in this area. He said that maybe the County should check out with the State any changes that they might be considering. The State has approved the Open-Space plan and the County is receiving funding under the Williamson Act. The County should not place itself in a position to loose this money. Mr. Lawson stated that the open space plan qualified last year and the County received $77,000 last year. This year the County will receive approximately $92,000.00. Mr. Lawson explained the open space plan; it does meet the State open space plan requirements and guidelineso The County does not have the appropriate zoning to go along with the open space plan. It was stated that the County was going to have to regulate where development is t occur. Time spent discussing the development of open space areas in the County. This County has had a healthy growth rate, it was felt. It was stated-that the day has arrived when the County cannot indiscrimently allow development in areas that are considered Ag or timber areas. Mr. Curry explained his plans for Feather Falls. They plan to create timber resources up in the Feather Falls area and they plan to put in sustaining type growth, There is no merchantable timber on the 7,000 acres in the Feather Falls area. Development discussed. Supervisor Gw7man stated that in discussing Feather Falls, the County is really discussing the timber lands on the east side of the County. Mrs. Hanford said. the Board should be very clear on what was being discussed; the area should be brought into conformance with the General Ylan. It was felt that something more appropriate would have to be designated for the timber areas. Mr. Lawson stated that this is going to take a great deal of detailed study. Mrs. Hanford stated that the County was faced with a deadline that must be met by ,lanuary first. Mrs. Hanford asked County Counsel if the area was interim zoned, and study was initiated, would this be interpreted as meeting the State mandate. Time spent discussing how the County could handle the State mandate on the open space zoning. Page 133. December 4, 1973 --___--===_~December 4,_1973 ______________ It was stated that the purpose of interim zoning is for study. Mrs. Hanford stated that this interim zoning could place the land in abeyance while the study was being made. She said the Board could select the spots that are experiencing rapid gxowth in the timber areas and interim zone them for 120 days so that they could be studied. Tt was felt that this would be a positive approach; could use it as a way to inform the public. Chairman McKillop stated that if the areas were interim zoned, then something should be done immediately to put in permanent zoning. The in-depth study should be made immediately, interim zoning explained by Mr. Lawson, Chairman McKillop asked if the county would be brought into conformity if all the mountainous areas were placed into one zone. It was suggested that the mountain areas could be placed in an interim "M-R" zone. Timber-mountain district explained. It was felt that all the areas should be interim zoned and then studied to determine what the permanent zoning would be. Mr. Lawson read a proposed ordinance presented by the people of Cohasset. Supervisor Madigan stated that theBoard should give the Planning Direction to go ahead and interim zone the areas and bring the ordinance before the Board fox adoption. The Planning Commission could make a recommendation to the Board on the priorities. Chairman McKillop said that what the Board is saying to the Planning Commission is that the Board wants interim zoning in the mountainous areas of the County. The direction of this Board to the Planning Gommission is that they interim zone the mountainous areas at this time. DISCUSSION OF AMENDMENT TO SECTION 20 OF BUTTE COUNTY CODE, SUBDIVISION ORDINANCE AND DISCUSSION OF URBAN AREAS Proposed ordinance amending Section 20 of the County Code set out and discussed. Neil McCabe, deputy county counsel, set out the amendments as proposed. Tightening up the improvement requirements set out. It was also suggested that more proof be required concerning the availability of water on the property. Mr. Toussaint, sanitarian, has submitted to the planning Commission ;.3.?.s revised proposal on sanitation. proposed ordinances presented to the Board members. Road improvement standards would be included within these ordinanceso Traversable access explained and discussed. Definition set out. Chairman McKillop felt all these conditions should be put into one document. The definition of traversable access will be tried as a possibility. Bonding for road improvements discussed. County Counsel will bring the suggestions back in one document for the Board's consideration and adoption. RECESS: lo:oo RECONVENED: 10:10 DISCUSSION OF URBAN AREAS Clay Castleberry, Director of Public Works, explained the Board's policy concerning urban areas. County Counsel has advised Mr. Castleberry that the policy was not good enough; it should be incorporated into an ordinance. Page 134, Decembex 4, 1973 _-__ W =___===~ecember~4~1923====_.._-..___ Mr. Castleberry explained how the urban areas should be adjusted.- He recommended that the Oroville area be reduced; the Chico area is in a state of being changed, Proposed boundaries o£ the urban areas set out. Mr. Castleberry said he hoped that the proposed ordinance could be considered to take the place of the present Board policy. It was felt that there should be a ordinance rather than relying on Board policy. Discussed how the matter should handled. Mr. Sy1va stated that Mr. Lawson had made a presentation to the Oroville City Council setting out the urban areas surrounding Oroville. Urban boundaries discussed. Mr. Lawson explained the densities for urban areas. Chairman McKillop stated that maybe within the next 30 days the Planning Commission could have the urban areas delineated. No action taken at this time. DISCUSSION: PLANNING COMMISSION PROCEDURES A. Legal advertisements by Planning Commission discussed. The decision was to leave the ordinance provision as is, with the legal notice and if the Board wants additional notices, then they will direct Planning Commission to notify the people in the areas being zoned. Discussed how notice would be given on interim zoning. It was felt that the people should be informed of proposed rezonings. procedures discussed; no action taken. B.__ Other pro_cedura_1_due process. Mr. Lawson explained this. He said Butte County has a fairly easy process in expiditing applications. It takes less time in Butte County to secure a use permit or building permit than in many of the other counties of the state. Discussed; no action taken. DISCUSSTON OF COMPLIANCE WITH USE PERMIT CONDITIONS AND POSSIBLE AMENDMENT TO ENABLING ORDINANCE ,7im Lawson, Planning Director, set out the problem of compliance with .use permit conditions. The use permit applications list the requirements that must be complied with. It is not specifically set out that before the final building germit or use permit is granted, the applicant must comply with the requirements. The requirements are not tied with the building permit procedure. Compliance discussed. It was felt that the requirements should be complied with before the final inspection is made. Language of the requirements is not clear. County Counsel requested to bring back an amendment to the enabling ordinance along the lines discussed. DISCUSSION OF PLANNING POLICY IN CHICO AREA Mr. Lawson stated that there is a real problem; the County has an organization going that is doing planning in an area of the County. They are making proposals for zoning that are different than the County Planning Commission's recommendation. Planning Commission has been working with the Cohasset areas but they will hold their recommendations in abeyance Page 1350 December 4, 1973 _~W_______T~_~ecember4i1973___ J__________ at this time. Time spent discussing the activity of the Chico Area Planning Advisory Committee. Supervisor Madigan felt that the Board should request that the Chico Area Planning Advisory Committee discuss their study with Mr. Lawson. Supervisor Gilman set out his views on this mattero Mx. Lawson asked the Board if the County Planning Commission was going to do the planning or was the other organization going to do the planning. He said the thing that upsets him is that the Committee has gone from the area of the urban Chico area to the Northwest Butte County planning. He said he has plans that he would like to work on but will hold them up until the Board tells him what he should do. He said he was asking for direction from the Board. Mrs. Hanford set out her views concerning the expansion of the area being studied by the Chico Area Planning Advisory Committee. She feels that they are trying to build a wall around certain areas of the County. Mr. Blackstock said that he ox a member of his staff has been at all their meetings. The County committee members have not been present at the meetings. Most of the discussions have been done by the Mayor of Chico. He said it might be helpful if one or two Board members were able to attend the Chico Area Planning Advisory Committee meetings. Supervisor Gilman said he would attempt to make the next meeting. Supervisor Gilman felt the Board should instruct the committee to set up a meeting so that the members of the Planning Commission could atten6 it, along with the members of this Board, It was moved by Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, that the Chairman send a communication to the Chico Area Planning Advisory Committee requesting that they set up their next meeting so that the Planning Commission members could attend the meeting, and that there be a specific agenda item to discuss how the Planning Commission and the Committee could work together; requesting that the Committee make their mags available to the Planning Commission and the Planning Director in advance of the meeting. Mr. Lawson will work ug a date with the committee and the time will be set out at a later date. The next regular meeting of the Chico Area Planning Advisory Committee is scheduled for January and it was felt this meeting should be postponed until after the special meeting. Chairman McIiillop will communicate with the Chico Area Planning Advisory Committee and request that they postpone their next meeting until after the meeting with the County Planning Commission. 73-1870 APPEARANCE OR JOHN STUTZ CHICO RIVER ROAD: DISCUSSTON OF AG ZONING ,john Stutz, Chico River Road, appeared to discuss the matter o£ Ag zoning. He explained his thinking concerning economic units. Mr. Gilbert said they tae re having a hearing this Thursday night on the problem set out by Mr. Stutz. He said it was a problem recognized by the Planning Commission. He suggested that Mr. Stutz attend the Planning Commission meeting Thursday night, 73-1871 DISCUSSION: TREE CONTROL Chairman McKillop ~a~~e~~~d that maybe tree controls could be December ~, 1973. _ _ _ _ _ _ _ _ _ _ _ _ December=4~ 19Z3_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ instituted through the use permits. He said that possibly there could be a way to place the requirement on the use permits. Mr. Lawson said they could require that the plot plans for property show the areas where trees would be removed and areas where trees would be replanted. He said there were other things that would have to be controlled by the Building Department. Mr. Lawson explained the problem and how he felt it should be controlled. He did not think the tree problem could be controlled without an ordinance. Supervisor Cameron felt that the requirement on the use permits could be a beginning in the control of the trees. Tree control discussed, Mr. Lawson stated that in processing land division maps, that nearly all the maps receive negative EIR reports. He said that if all the land divisions in the Paradise area do not have an affect on the environment, he does not know what would have an affect. He feels the county needs to work in the direction of these land divisions. It was suggested that County Counsel and the Planning Director study this matter and bring a recommendation back to the Board. Mr. McCabe said he wondered if some of the other proposals discussed would have an adverse affect on the trees. He wondered if this might run counter to the idea of saving trees. The Planning Commission will initiate some type study and will set up a committee to study this matter and will bring back a recommendation to the Board. Supervisor Cameron brought up the matter of a definition of a mobile home. He feels that the County should have a definite definition of mobile home, to separate them from travel trailers. Referred to County Counsel to study and bring back an ordinance setting out the definition of a mobile home. ADJOURNMENT • ' There being nothing further before the Board at this time, the meeting was adjourned at 12;00 to reconvene on Tuesday, December 11, 1973 at 9:00 a,m, ATTEST: CLARK A, NELSON, COUNTY CLERK I By:_____ ~ ~_ airman of the Board Board of S ervisors Clerk Page 137, December 4, 1973