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HomeMy WebLinkAboutM011475r" ~``. January 14, 1975 STATE OF CALIFORNIA ) SS. COUNTY OF BUTT$ ) The Hoard of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Cameron, Madigan, McKiliop, 8ichter and Chairman Ladd. Clif Nickelson, Administrative Officer, Aan Blackstock, County Counsel, and Clark A, Nelson, County Clerk by Margie Catt, Board of Supervisors Clerk. Pledge of allegieace to the Flag of the United States of America. 75-39 APPROVAL OF MINUTES On motion of Supervisor McKillop, aecanded by Supervisor Cameron and unanimously carried, the minutes of January 7, 1975 were approved as mailed. 75-40 COMMUNICATIONS 1974 Annual Audit Beport. The Annual Audit Report has been completed pursuant to the Grand Jury-Board of Supervisors contract. The accounting 2.p.~ ~ firm of Matson and Isom forwards the general audit and the revenue ~ sharing audit. The District Attorney-Family Support audit should be forthcoming by Tuesday morning. Refer to Administrative 0£ficer and he will follow through with the usual procedure. Couaty,of Tulare. The County sends resolution supporting Tulare County's r p p,p ~ position in opposition to Che State's implementation of regulations imposing additional licensing fees on group and faster homes and day nurseries. Discussed; see motion fallowing communications. Petitions for variance to provisions of Sections 19-~r0 and/or 19-12 of the /' 3 .O z'' Butte County Code. 11wo petitions to place aobile homes on progerty under the above variance have been received. Set for hearing on January 28, 1975 aC 11:00 a.m. Butte County Retired Employees' Association. President Sthierenberg sends g, S~ request that Board amend agreement with State Retirement to provide 0 3 , up to SZ cost of living increase per year rather thaw 2x. Referred to Administrative Officer and Personnel Officer £or a report back to the Board. Mental Health Advisory Board by Tom Sawyer, Chairman-Alcohol Advisory Board. 3 p•p,pt~ They express their pleasure with proposed pleas for the Detoxification Center. Read and discussed; no action taken. John Polsan, Chairman-Butte County Ma~ztal Health Advisory Board. They recommend .5 ~ ~, O 0 that Che Board of Supervisors appoint Ruth Nelson, of Paradise, to fill the existing Psychiatric Technician vacancy oa the Mental Health Advisory Board. See motion following communications. Aian Burchett with Golstein, Barceloux & Goldstein. He requests another f~'3.0 fl continuance on the C ~ E Building, Inc. hearing. Approved request and continued the hearing to January 28, 1975 at 2;00 p.m. Keith S. Humpherys, attorney with Golstein, Barceloux & Goldstein Law Offices. O O.~ v He encloses a Stop Notice from Aiken & Fairbanks with reference to the Skyway Road project. Discussed and referred to County Counsel. Letters from the County's Funeral Homes. The homes request an increase in 4 as p , b O rates for the burial of indigent dead in Butte County. Request discussed. Referred to Administrative Office for checking. Copies to be made for Supervisor Richter. Oroville Union High School District, by Herbert L. Heidinger, Business Manager. lt He states that the School District Board of Trustees may consider the T ~• ~ , sale of part of the lead at the new Froapeck High site, provided they Page 19. January 14, 1975 l^ !""1 January 14, 1975 w s s s w s s w r w a r w w s w s s w w s s s w s w t s s w w w s s a s: w s can be assured the proposal far the FeatherRiver Opportunity Center is acceptable to the neighbors. Supervisor McK111op explained the matter, He would like to ask the County Planning Commission to petition the Oroville Planning Commission to hold hearings on the matter. The letter could be referred to the Oroville Planning Commission for their aonaideration. Discussed. Raymond 0. Gott. He complains about the 140 acre coning on his property located on the Ponderosa Way. Read and discussed. It was felt 0 ~ that Planning should meetwith these groups and come up with some ~~ 3• type zoning that would Ge agreeable to the residents. The public should be imtited to do some thinking on the matter of zoning for their area. Mr. McKillop will discuss the zoning with the people in the areas in question. Auditor. Chairman Ladd said the auditor had written a memo requesting a seat at the table with the other department heads. He would like to attend the meetings or have a representative present. Mr. Nickelson will handle this request. 75-4I ENDORSE BY LETTER COUNTY OF TULARE'S RESOLUTION IN OPPOSITION TO STATE'S IMPLEMENTATION OF REGULATIONS IMPOSING ADDITIONAL LICENSING FEES ON GROUP AND FOSTER HOMES AND DAY NURSERIES On motion of Supervisor Cameron, aecoaded by Supervisor Madigan and unanimously carried, County of Tulare'e resolution in opposition to the State's implementation of zegulatiana imposing additional licensing fees on group and foster homes and day nurseries was endorsed by the Board and a letter of endorsement was authorized to be written. 75-42 APPROVE APPOINTMENT TO MENTAL HEALTH ADVISORY BOARD On motion o£ Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the appointment of Ruth Nelson, of Paradise, to fill the existing Psychiatric Technician vacancy on the Mental Health Advisory Board was approved as recommended by the Mental Health Advisory Board. 75-42 APPROVE COb4iUNITY ACTION AGENCY GOVERNING BOARD ITEMS On motion of Supervisor McKillop, seconded by Supervisor Madigan 8nd unanimously carried, the following action was taken: i. Approved agreement for delegation of activities, First United Church of Oroville, and authorized the Chairman to sign. 2. Approved partial leave of absence for Priscilla Kibler, Oroville Head Start teacher. 3. Approved change in Article IX.A of Hylawa is re meeting dates. 4. Approved ainutes of Administering Board meeting of January 2, 1975. Discussed the Director's views oa retention of status as the Community Action Agency. Mr. S rry stated this was submitted as an informational item. It is in the best interest o£ ail to continue in the present status it was felt by the Board. No action needed at this time. Mr. Nickelson asked if the Board wanted them to proceed with their efforts to encourage the Federal Office of O.E.O. to recognize someone other than the Board or should they drop these efforts. He said he has no one in mind at this time. Matter discussed; felt that nothing should be done at this time. 75-43 AUTHORIZE WELFARE DIRECTOR TO NEGOTIATE FOR NEW RECEIVING HOMES Bob Crisan, Welfare Director, reported that the County did have two receiving homes for dependent juvenile cases. The homes are used in lieu of placement is Juvenile Hall. One home has gone out of business and the other is planning to discontinue operation. The.hame will continue as Page 20. January 14, 1975 ~ /'`~ January 14, 1975 a w w r r w w w r r r a r r r r r r w w r r r a r r r r r r w r r r r w r r m a foster home but not as a receiving home. Mr. Criean said he would like to have leewaq in this matter to see what he could recruit. there has to be a home to accepC the children that are referred by law enforcement agencies. These homes have to be open 24 hours a day. These homes are not for delinqueat children. Homes and their operation discussed. On motion of Supervisor McKillop, seconded by Supervisor Came~+oa and unanimously carried, the Welfare Director was authorized to commence negotiations to find two new receiving homes immediately cad report results to the Board. 75-44 APPROVE FIRST READING OF SALARX ORDINANCE AMENDMENT A salary ordinance amendment has been prepared adding one Accouatant and one Manpower Specialist to Manpower Administration and adjusting several classification titles is PEP and CETA Title II. Ordinance discussed, On motion of SupervisorMcKillop, seconded by Supervisor Madigan and unanimously tarried, the first reading of the salary ordinance amendment was waived, and filling of the Manpower Supervisor and Clerk positions authorized in an earlier ordinance were authorized. 75-45 RATIFY MEMO OF UNDERSTANDING: FAIR LABOR STANDARDS ACT OVERTIME POLICY - Jim Rackerby, Personnel Director, reported that the U. S. Supreme Court has issued s temporary stay of implementation of portioas of the Fair Labor Standards Act as applied to county government. A memorandum of understanding with the bmployee's Association has been reached concerning interim procedures. Chairman Ladd stated that it was absolutely worthless to place this type memo on the Board members desks; no one has had time to read the memo. These ffiemos should be handed to the Board members and they should be explained. Mr. Rackerby said this was backup information sent to the Hoard members last Friday. The information has not changed since last Friday. Mr. Nickelson stated that the County has to move rapidly on this. Chairman Ladd said he was not criticizing them; this does have to be discussed today. There are things that are placed oa their desks that should be read. The Board members da not know if the matters placed on their desks are urgent or not. He does not like having these matters placed on his desk on Board meeting day. Supervisor McKillop said the Board members have been sailing this for years; he agreed with Chairmen Ladd. The Board ahouid have the information before they have to act as it. Mr. Nickelson said it would be better to follow the current policy of discouraging these matters being placed on the desks an Board day; the Board should not even allow them to be read. Chairman Ladd requested that nothing he put on their desks on Board day; matters should be given to them prior to Board day. Mr. Rackerby said the question has been raised as to whether the federal government can mandate local gaverameats to pay overtime. Mr. Rackerby explained the matter.'of overtime for police and fire workers. Stay order explained and discussed. Mr. Rackerby atatedlthat they had met with the Butte County Employees' Association and had discussed this matter with them. A memo of understanding was reached and a copy of the memo hen been placed on the Board members' desks. Page 21. January l4, 1975 _ ~ E January 14, 1975 ~ a m s m s a e m m s~ m~ .r r~ o o s m a e: a .e ar r r s i s e m~ n a a Matter of overtime discussed. Mr. Rackerby feels that the matter will be settled within the next few weeks. On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the Board ratified the Memo of Understanding regarding overtime pay, on a week to week basis. Chairman Ladd asked the County Auditor about the cost factor in setting the funds aside and holding them until a decision is reached by the Supreme Court. Mr. Lawrence said it would not be difficult to set the funds aside but he did not see any need to do this. Mr. Lawrence said he would not ob,~ect to setting up the fund but he does sot think iL is warranted. It would be better to handle the situation on a week-to-reek basis. O 75-46 AUTHORIZE PDRCHASE OF AiR PAC[{5 AND AWARD OF BID POR FIRE MONITOR R3CEIVBRS On motion of Supervisor Madigan, seconded bq Supervisor Cameron sad unanimously carried, the following action was taken: 1. Authorized the immediate purchase of the additional eight packs (Scott type air packs) from available funds in the Fire Department fixed asset account. 2. Award bid to L. N. Curtis Company in the amount of $7,420 for fire monitor receivers. 75-47 AUTHORIZE AWARD OF BID FOR COUNTY VEHICLES Mr. Nickelson stated that last week the Board members had bees given ~ ~ a breakdown on the vehicle bids. Tom Struthers explained tha bids. Purchasing D ~~ checked on the announcement made that there would be a sales promotion over :the next five weeks. The dealers handling this promotional sales program state that this does not apply to government sad fleet purchases. Most of the discounts relate to the higher priced cars and the sesesaoxies. Bids discussed. Mr. Struthers feels that there is quite a bit to be gained by buying the vehicles locally. Mr. Mickelsoa recommended that the bids be awarded to the low bidders with the exception of Item 6. This item discussed. ' On motion of Supervisor McKillop, seconded by Supervisor Madigan and carried, bids for vehicles were awarded to the local 8ealera as follows, with the light utility pickups that are to be purchased, to be purchased £ram the Skate: Vehicle Quantity Awarded to: price, less trade-ins Compact 4 dr. sedan 6 Marr Dodge $21,456.40 Interned. 4 dr. sedans 12 Paul Goodhue Ford $50,759.42 Interned. 4 dr. aedaas 5 Paul Goodhue Fnrd $21,363.41 Interned. station Wag. 1 Paul Goodhue Ford $ 4,547.43 Utility Vehicle 4x4 1 Bill Byers $ 4,420.29 1/2 T.Light Utility Pickup 3 State of California $ 7,926.48 1/2 T. Pickup Marr Dodge $ 3,833.10 1/2 T. Pickup 4x4 1 Marr Dodge $ 4,6G9.30 3/4 T. Cab & Chassis 2 Sierra Dodge $ 8,554.52 3/4 T. W/Utility Body Cab & Chassis 1 5lerra Dodge $ 5,958.53 Five Passenger Van 1 Marr Dodge $ 4,323.00 Eight Passenger Van 1 Marr Dodge $ 4,832.00 Three Yd. Dump Truck 4 5lerra Dodge $34,652.20 Page 22. January 14, 1975 ~ ~'` January 14, 1475 a s a ti g q: g a a a q q m a m s a m m m a a a m m m m m a q ae s g s a a ~p AYES: Supervisors Cameron, Madigan, McKillop and Richker ABSTAINING: Chairman Ladd 75-48 CONCUR WITH SALE OF TWO PATROL VEHICLES TO SUITE COLLEGE WITS SAFETY EQUIPMENT Mr. Nickelson re;.orted that Butte College has requested that the County sell them two patrol cars £or the Feather River Police Academy. They would, also, like to have the lights and sirens at the current price; they would Like all the safety equipment, The purchase of the safety equipment, lights and siren could be purchased and included in the County order that has been placed recently. Butte College could be charged for the replacement of this equipment, Regvest discussed. On motion of Supervisor Cameron, seconded by Supervisor McKillop aad unanimously carried, the Board concurred with the sale of two patrol vehicles and authorized the purchase of the safety equipment to replace the equipment sold ka Butte College. RECESS: 10:30 RECONVENED: 10:45 75-49 AUTHORIZE ADMINISTRATIVE OFFICER TO ARRANGE FORA CENSUS STUDY BY DEPARTMENT OF FINANCE BCAG forwards its recommendation that theBoard consider a census study on a county-wide basis supervised by the Population Research Unit of the Department of Finance. Cost estimate, including all four cities, is $61,362. Personnel costa account £ar $41,588 but can be done through the Manpower Program. The remainder of the costs may be eligible for HCD funding. if Butte County increases in population by 4,D00 between January 1, 1975 and April 1, 1980 the added revenue would offset the total cost. The State takes the position thak they will only update population census for a five-year period, and then they will hold. Mr. Nickelson said he would propose that if the Board approves of the census study, they could use the Manpower program for this purpose. Census study discussed. It was moved by Supervisor Cameron, seconded by Supervisor McRillop and unanimously carried that the Administrative 0£ficer be authorized to contact the Department of Finance to arrange for a census. 75-50 AUTHORIZE CHAIRMAN TO SIGN AGREEMENTS FOR JUVENILE PLACEMENT (EL DORADO, SOIANO AND WA31i0E COUNTIES Agreements for juvenile placement contracts discussed. Coat differences in the contracts set out and discussed. On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, the Chairman was authorized to sign the agreements with E1 Dorado, Salano and Washoe for juvenile placement in said counties. 75-51 OPENING OF BIDS FOR OROVILLE SCHOOL DISTRICT BONDS Bide were opened for the Oroville School District bonds in the amount of $900,000.00 fromfthe following: United Califorais Bank Bank of America The bide were referred to Carl Morton, Treasurer, for awarding later is the meeting on following motion: _. ~ Page 23. January 14, 1975 ~' r`. January 14, 1975 r z +~ r z z r= r r r r r z r r r r s m Q e s r~ r s r r r r r z z r r r w On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, the bids from United California Bank and Bank of America for the Oroville School District bonds were referred to the County Treasurer for his study and recommendation and awarding later in this meeting. RECESS: The Board recessed at 11:10 for an executive session to discuss litigation matters. RECONVENED: The Board recomtened at 11:35 following an executive session. Chairman Ladd stated that no action would be taken on the matters discussed ~'.uring the executive session. 75-52 BUDGET TRANSFERS APPROVED On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, the following budget transfers were approved: B-80 health Services Agency. Transfers $37,507 from revenue sharing contribution to other agencies to project Meals on Wheels $6,789, project Family Service Association $9,000, and project Butte County Association of Retarded $21,716. B-91 Probation. Transfers $500 :from salary and wages and $454 from reserve for contingencies to equipment B-92 Central Services. Makes an internal bookkeeping transfer of $1,597 to correctly assign responsibility for the operation of the parking lot approved by the Board on Huntoon and Robinson Streets. 75-53 PUBLIC WORKS ITEMS APPROVED: ADOPT RESOLUTIONS 75-2 75-3 and 75-4 On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, the following action was taken: 1. Approved agreement between County and Oroviile re Oroville urban area fund allocation, subject to apgrovals of City of Oroville, BCAG, Auditor and County Counsel. 2. Adopted Resolution 75-2 declaring through highways (W. 12th, Fern Avenue sad Peaningtpn Road and authorized Chairman to sign. 3. Adopted Resolution 75-3 right of way Certificate No. 2, Pentz Road FAS Project 1523(5) and Pentz-Magalia Highway FAS Project No. 1524(1) and authorized the Chairman to sign. 4. Approved agreement for sale, right of way acquisition, Forbestown Road and Robinson Mill Road, authorized Chairman to sign and authorized Auditor to issue warrant upon demand of County's escrow agent on the fallowing: E. Blake at el 0.079 ac. $368 No improvemeate $168 5. Adopted resolution 75-4 authorizing abandonment of a portion of Manzanita Avenue no longer needed for road purposes (Ceres Project 572260-74-3, Parcel 1 and authorized Ohairman to sign quit-claim deed conveying that portion of ManOanita Avenue no longer needed for road purposes to Richard L. Wetter et ux as a condition of right of way acquisition on Che Ceres Avenue Project (572260-74-1, Parcel 1) and authorized the Chairman to sign the Resolution. At the request of Clay Castleberry, Director of PublicWorks, the Lassen Avenue fund shift Ltems was put over at this time. 75-54 DISCUSSION: ABANDONED VEHICLE ABATEMENT PROGRAM Abandoned vehicle abatement program discussed. Roy Pritchard, Public Page 24. January 14, 1975 ~ ~'*. January 14, 1175 a a a a a a s a c a a a a a a s Q a r r c c a c r r a c c c a a r ~, c a a s a Works, does not have the time to handle this program. The Board had requested Mr. Castleberry to study the situation and try to solve the problem. He suggested that maybe he could work with Mr. Rackerby and secure same CETA people to 8elp Mr. Pritchard. Highway Patrol would pay $30 for every vehicle that they clear. A contracC could be prepared between the County and Highway Patrol. Costk:for program discussed. It was felt that the coat would be going out and inspecting and doing the paper work. Mr, Castleberry and Mr. Nickelson will meet and discuss the program and will bring back their ideas to the Board for their consideration. 75-55 MATTERS PRESENTED SY BOARD MEMBERS Supervisor Madigan said he had a telephone call last week concerning garbage rates in the Chico area. Different rates are charged in the areas. Complaints have been made concerning the rates. The County doss not set the rates. Mr. Castleberry explained the matter of the rates. Supervisor Madigan said he would like Mr. Castleberry to look at the regulations regarding these garbage rates. Rates discussed; no action taken at this time. 75-56 ACKNOWLEDGMENT OF DICK COLBX FROM STATE ASSEMBLYMAN CRAPPIES OFFICE Chairman Ladd acknowledged the presence o£ Dick Colby from State Assemblyman Chappie's office. 75-57 APPROVE REQUEST ~ AGREEMENT WITH CITY OF OROVILLE FOR COUNTY CONDUCT OF THEIR APRIL 8 8l,ECTION On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, the agreement with City of Oroville for County conduct of their April 8 election was approved and the Chairman was authorized to sign. 75-58 CLARIFICATION OF REZONING ACTION FOR THOMAS R. AND JANE CHA38 TO "RT-1" (MINIMOM DENSITY-RESIDENTIAL-TRAILER) FOR PROPERTY LOCATED ON BOTfI SIDES OF WARREN ROAD, WEST SIDE OF CLARK ROAD. CONTAINING APPRO%. 26 ACRES, PARADISE Jim Lawson, Planning Director, reported on the rezoning action for Thomas R, and Jane Chase to "RT-1" for property located on both sides of Warren Road, west side of Clark Road, containing approximately 26 scree, Paradise. This had been referred back to the Planning Commission with the request that Planning Cormuiasion consider holding hearings on the AR-Mft zoning. The Planning Commission stated that they did not wish to hold hearings on this AR-M4i zoning. Mr. Lawson would Like to know if it was an order and if the Board ordered them to hold hearings, he would advertise the hea:aag. Supervisor Cameron said that the question was that it appeared from the people appearing et the hearing that the AR-MH zoning should be considered. He did not know if this was an order or not by the Board. Mr. Lawson said he felt the direction was that the Planning Commission would hold a hearing on the AR-MH zoning. He did not know if it would be Supervisors initiated or Planning Commission initiated. Supervisor McKillop said it looked as though at the time of the last hearing that over 6D~ of the people wanted the A8-MEi zoning. Supervisor Cameron said he thought the people in the area felt that the Board action would take care of the possible hearings. Fee paid by Mrs. Chase discussed as to whether or not it should be returned to her. Supervisor McKillop felt that if the AR-MH zoning were to be approved for the area, then the $L10 fee should be returned to Mrs. Chase. The applicant had requested a RT-1 zoning. Planning Commission haP approved the BT-1 zoning as requested. Page 25. January 14, 1975 January 14, 1975 .e e r a s nc n a s s m a r s: r s v at r a s r s a n~ r a m a r e r e e Supervisor McKillop suggested that maybe the County could consider zoning the northern portion as a RT-1 district and the southern portion could be zcned AR-t~IIi. There would have to be another hearing set for the AB 1~4I zoning, it was stated. The section north of Warren Road could be zoned as the RT-1 district. Daa Blacketock, County Counsel, explained how the matter could be handled. If the Planning Commission recommendation was to be modified, them the matter would have to be sent hack to them. This matter hss been referred back to Planning Commission for consideration and they have reported back to the Board. The question now is has the Board complied with their intent. in view of the change suggested, the matter could be referred back to the Planning Commission and state the Board's intent Chat they would zone the north half as RT-1, prepare the ordinance and that their intent to rezone the southern part as a AR-I~ district should be considered. On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the rezoning action far Thomas R. and Jane Chase to "RT-1" (minimum density-residential-trailer) for property located on both sides of Warren Road, west side of Clark Road, containing approximately 26 acres, Paradise, was referred back to the Planning Commission with the direction to consider "RT-1" above Warren Road and the area below Warren Read to be studied and considered for a AR-MkT zoning. RECESS: 12:10 RECONVENED: 1:30 75-59 REPORT ON TRANSFER OF COUNTY ASSETS UNDER CONTROL OF_ASSESSOR & TREASURER The report on transfer of county assets under control of Assessor and Treasurer and Tax Collector discussed. It was discussed .tether theAuditor was needed to discuss this matter. It was the feeling of the Board that the memo explained the matter and that it was rot information only. 75-60 REPORT ON BIDS FOR SCHOOL BONDS BY CARL MORTON, TREASURER- ADOPT RESOLUTION 75-5 AWARDING BID FOR SCHOOL BONDS Carl Morton, Treasurer-Tax Collector, appeared to report on the bids received this morning for the Oroville School District. He stated that according to hie figures, United California Bank is in error with one of their computed figures. The Bank of America figures are in agreement. He reported that United California Bank made the beat bid with a net interest coat of 6.758921 percent on the $900,000 par value school district bonds. It should be noted however, that there was a typographical error on the United California Bank bid in Chat a rate per annum of 7.90 percent was shown for the bonds maturing in 1983. He discussed this with the United California Bank and they agreed that the correct figure should have been 7.00 percent. He advised them that he would make thi6'correction in hie report to the Beard. The results of the computation is as follows: United Califoriia Bank Interest Cost $793,770.00 Less Premium 272.65 Net Interest Cost 793,497.35 Net Interest Rate 6.75892X Bank of America Interest Cost $819,860.00 Lees Premium 441.00 Net Interest Cost 819,419.00 Net interest Rate 6.9797x Page 26. January 14, 1975 ~ ~ January 14, 1475 s w s a s s m m s s s m s a .n rt c a a s a w a s s: w m s .~. s w s s a a o s m Dan Blaekatock, County Counsel, recommended that the United Galifornia Bank bid be accepted based on their iaterest rates. On motioa of Supervisor McRillop, seconded by Supervisor Cameros and unanimously carr3e d, the Board adopted Resolution 75-5 approving the hid of United California Bank, contingent on County Counsels approval. 75-61 OVERALL L'CONOMIC DEVELOPMENT FROGBAM COMMITTEE MEMBERSHIPS CONFIRMED Supervisor Cameron commented on the changes that have been made oa this committee without the Board's consideration. Discussion of increasing the size of the committee iaeld. CLif Nickelson, Administrator, explained the background of this committee. There is no limitation on the size, and terms of the members are undetermined. On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, theSoard reaffirmed the list of the members of the Overall Economic Development Program Committee as submitted. 75-62 APFROVE APPOINTMENTS TO THE CQifNTY DEVELOPMENT COMMISSION Supervisor Richter recommended that Jay Lyman be nominated instead of William Haloae. On motion of Supervisor Richter, seconded by E~:pervisor McRillop and unanimously carried, theSoard appointed the following to C.he County Development Commission: Jay Lyman, Elmer Ames, Vernon Fish, Bernie Richter and Ran 5outhworth. 75-63 DISCUSSION: APPOINTMENTS TO THE HOUSING AND COMMUNITY DEVELOPMENT STUDY COMMITTEE It was stated that action needs to be taken on this matter of appointments to the Housing and Community Development Study Committee as sooa as possible. SupervisaCa set out the names o£ persons they are considering appointing. (Richter: General public-William Spangler; Madigan: General Public-Marian Waters; Cameron: EChnic-Nate White; McKillop: Elderly or General public-Gary Kenyon; Ladd: Tom Powell and Victor lopez) Discussion held of builder-developer category. Many builders do not want to serve on this committee for fear that they would not be able to participate in bidding on the buildings. Dan Blackstock is to report with a brief opinion on the possibility of a conflict of interest. It was suggested that a retired builder should be appointed to the committee. On motion of Supervisor McKillop, seconded by Supervisor Cameron, and unanimously carried, theSoard tentatively approved the list as submitted and requested that the people be notified and receive the information concerning the committee. Mr. Nickelson is to set up an organizatioaal meeting for this committee. 75-61C APPROVE APPOINTMENT TO UPHAM CEMETERY DTSTRTCT On motion of Supervisor NtKillop, seconded by Supervisor Cameron and unanimously carried, theSoard approved the appofatment of Mrs. Bertha Bean, Star Route, Bangor, to replace Mr. John P. Sheehan as a member of the Upham Cemetery District. 75-65 APPOINTMENTS TO ALCOHOL ADVISORY BOARD AND TECHNICAL ADVISORY CO*4.3TTEE ON DRUGS DISCUSSED Supervisor Ladd stated that theSoard should receive recommendations on possible appointments but also would like to have the Board members make their own .•ecommendations. Mr. Nickelson outlined the vacancies now on the committee and there are also 5 possible vacancies in the near future. Page 27. January 14, 1975 f'""` ~`' January 14, 1975 ! i i!! i i i "i i i! 1 i i i i i i i! i O~ i i i i i i i i i i i! i i Supervisor Cameron requested that the press carry this story to encourage people to call the supervisors and raqueat to be appointed to this committee. Matter put over one week to allow Mr. Nickelson to prepare a memo for theBoard with a breakdown regarding the committee and the categories of the vacancies. 75-66 ADOPT ORDINANCE 1540, REZONE FROM "A-R" (AGRICULTURAL-RESIDENTIAL) TO "A-10" (AGRICULTURAL) FOR PROPERTY ON THE SOUTH SIDE OF LOWER WYANDOTTE ROAD On motion on Supervisor McKiliop, seconded by 5cipervisor Cameron and unanimously carried, the Board waived the second. reading of the ordinance, adopted Ordinance 1540 and authorized the L~airman to sign. 75-67 PUBLIC HEARING: TRUMAN B. AND MARYELLA WARREN-REZONE FROM "AC-i" (LIGHT COMMERCIAL) TO "AR-MH" (AGRICULTURAL RESIDENTIAL-MOBILE HOME) FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF KUSEL ROAD AND LINCOLN BLVD. $0 ACRES OROVTLLE The public heating oa the Truman B, and Maryella Warren rezone from "C-1" (light commercial) to "AR-MH" (agricultural residential-mobile home) for property located on the southeast corner of Kusel Road and Lincoln Blvd., 80 acres, more or lase, Oroville, was held as continued. Jim Lawson, Planning Director, explained that the hearing had been continued from last week to allow theBaard members an opportunity to look t the site. Hearing ;6opened to the public. This is to be limited to people who were not present last week or for new information. Appearing: 1. Pete Illati, Palermo, who stated that he had contacted some people in the area who stated that they did not know what the petition had stated. Letter from Wiley A. Cadenhead read that stated that he had not been aware of what the petition has actually stated. Calvin Nichols, owner of property in the area, stated he was. opposed to the junk yards around the area. He supported the rezoning in order to eliminate the problem of dunk. Mr. Deal, owner of property on Kuse1 Road, read a letter -Witten by him to Jim Lawson a few years sga. He gave some background on the matter. He objects to the violations of the present zoning. Jim Lawson responded to the alleged zoning violations. There is one that has several complaints. This regards the Worley property and this was referred to Counsel's office some rice ago. It wsa stated that Bob Ferguson, zoning inspectoz, made a report and sent a copy Co County Counsel in late fall of 1973. Brian Rix, Deputy County Counsel, will check on this and report back. Chairman Ladd commented on the lack of follow through on these matters and would Like to discuss this at a later date. Mrs. Illati stated that the building that was being referred to as a junk yard, etc., was not completed and the equipment stored there was to finish the building. Supervisor Cameron questioned about the equipment. Mr. Illati explained the equipment they have and stated that this building is pleased for boat storage but can be used for several different things. Mra. Deal appeared in favor of the rezoning. She stated they are only part-time residents at the moment but will be permanent residents eventually. SY:e outlir^d her reasons for supporting the rezoning. Page ~8 . January 14, 1975 ,^ ~' January 14, 1475 m s r m m s r s m r a r m s s m s s m r s r s r s r a r s r r r r s r r; s r Mrs. Wiley Cadenhead, appearing against the rezoning. They own an upholstery shop in the area and the rezoning would prohibit them from expanding Chair business. They signed the petition but had been misinformed on the intent of it. Truman B. Warren. Mr. Warren initiated the rezoning because they would like to be allowed to keep animals on their property. They had been told when they purchased the property that the property was zoned for animals. Discussion held of a possible compromise regarding the property. Hearing closed to the public and confined to the Board. Discussion of harm done to people with existing commercial enterprises. Supervisors Ladd and McKillop set forth possible breakdowns of the current proposed area into two rezoning areas. Supervisor Madigan expressed concern about the people who wanted animals. On motion of Supervisor McKillop, seconded by Superrrisor Cameron and carried, theBoard sent this back to hhe Planning Commission with the recommendation Chat everything north of the I11at1 property be zoned AR-MH and the property south of the northern boundry of the Illati property reta:.n its present zone of C-1 and that the Planning Commission restudy the matter. AYES: Supervisors Cameron, Madigan, McRillop and Chairman Ladd NOES: Supervisor Richter 75-68 DOCICENDCIRF EQDIPMENT C0.-APPEAL OF THE PLANNING COMI~SSION'S DENIAL OF A USS PERMIT TO ALLOW INSTALLATION OF A 3,000 GALLON UNDERGROUND GASOLINE TANK ON PROPERTY LOCATED ON THE SOUTH:AST CORNER OF TOM POLK ANA EAST AVE. CdiICO The public hearing on the Dockendorf Equipment Company appeal of the Planning Commission's denial of a use permit to allow installation of a 3,000 gallon underground gasoline tank on property located on the southeast corner of Tom Polk Avenue and East Avenue, Chico, was held as advertised. Jim Lawson set out the background on thin matter. The Planning Commission denied the use permit on an 8-1 vote. They felt this was a bad precedent to set in a residential area. The tank is for the use of McCain and Associates snd is for private use only. The Dockendorf Company would be installing the tank. Hearing opened to the public. Appearing: Joe Hassell, representing McCain Associates. He explained where Che tank would be located and the purpose of having the teak. They have nine vehicles and this would be for the company only. He explained the safety precautions and the requirements they are required to meet. After questioning, Mr. Hassell st-aed that this information had not been supplied to the Planning Commission. Also, there was no opposition at the Planning Commission hearing. Discussion of the surrounding area. Hearing closed to the public and confined to the Board. On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, the Board concurred with the Planning Commission and denied the use permit. Page 29. January 14, 1975 /"~ /'~`. January 14, 1975 s a m ~ s s a~ s s, a s e m z v a m a m m m m .a .e ~e m s s m s s m ,e ~ ~e w, w .~ 75-69 PIIBLIC HEARING: C-E BUILDING PRODUCTS-APPEAL OF A DENIED USE PERMIT TO ALIAW FABRICAT7.ON AND ASSEMBLY OF ALUMINUM PRODUCTS ON PROPERTY LOCATED ON T'iE WEST SIDE OF THE ESPLANADE, APPROXIMATELY 200 FEET SOUTH OF EATON RD., CONTAINING lei acres, Chico-CONTINUED - A lerter was received from the attorneys for the applicant requesting a continuance. Rearing and contiruance discussed. Hearing continued to January 28, 1975 at 2:00 p.m. 75-70 PUBLIC HEARING: EDWARD C. ~ CLARA D. TUMAN-APPEAL OF PLANNING COMMISSION'S DETERMINATION TO GRANT A USE PERMIT TO ALLOW A CARE HOME FOR SI% MENTALLY RETARDED INFANTS THROUGH SEVEN YEARS OF AGE, PLUS NON-AMBULATORY GHILDREN BELOW 18 years, ON PROPERTY LOCATED ON SOUTH SIDE OF OROVILLE-QUINCY HIGHWAY, APPROXIMATELY 400 FT. WEST OF MYRTLE DRIVE OROVILLE The hearing For Edward. C. and Clara Tuman, appeal of the Planning Commission's determination to grant a use permit to allow a care home for six mentally retarded infante through seven years of age, plus non-ambulatory children below 18 years, on property Located on the south side of Oroville- Quincy Highway, approximately 400 ft. west of Myrtle Drive, Oroville, was held as advertised. Mr. Lawson explained that this use permiC is under the Lanterman Act and the use permit cannot be denied. Conditions can be added to it however. He read the conditions that the Planning Commission had attached to the use permit. Discussion of the conditions and the number of patients allowed by the use permit held. Supervisor Richter questioned Mr. Lawson regarding the Lanterman Act. Hearing opened to the public. Appearing: Edward Tcman, applicant. He stated that there were several people from the state ageaciea present who wished to speak. Supervisor McKillop brought up the matter of the fence surrounding the property. Mt. Tuman stated they would do whatever the Board required, Mrs. Jessie Thompson, licensee, explained that the children would play, under supervision, in a fenced-in area. She invited the Board members to visit the home. Bill Jamisoi, stating that his office is reapoasible for inspecting the home, said he was in favor of the use permit. He was not sure whether a fence at the property line would be required or not. John Pole an, Far Northern Regior_al Center. He explained the need for just this type of residential care for these retarded children. Lorenzo Diamond, Butte County Association for the Retarded, requested that the Board continue to protect the rights of the retarded people to live in residential areas. Sis Mullena, appearing in favor of the hems. Letter from William Kuneman read by Chairman Ladd. This letter requested that the hearing be continued to allow Mr. Kuneman to appear as he had conflicting appointments. Chairman Ladd also read the previous letter from Mr. Kuneman appealing the decision of the Planning Commission. This letter listed Mr. Kuneman's objections to the home. The Board felt that the Letter covered moat of the points Mr. Kuneman could bring up if present. Discussion held. Page 30. January 14, 1975 January 14, 1975 m m s s m s a S e s s m o m o a a s a v m a m a e m e c s m a c a s a m m s s Ruth Sheldon, real estate person, requested that a decision be made today. She stated that this matter has been dragging out for a long time. Discussion held concerning the continuing of the hearing to allow Mr. Kuneman to present his objections. On motion of Supervisor Madigan, seconded by Supervisor Cameron and carried, the Board denied the request for a continuance and ruled that s decision would be made today. AYES: Supervisors Cameron, Madigan and Richter NOES: Supervisor McKillop and Chairman Ladd Discussion of Che parking held. Supervisor McKillop wanted this clarified. Mr. Lawson explained the parking required by the county ordinance. Mr. Taman appeared and stated that he doesn't think 6 spaces are needed. Mra. Thompson also appeared and explained the visiting of the . parents and needed parking. Hearing closed to the pUbiic and confined to the Board. Brian Rix, Aeputy County Counsel, suggested that specific findings be included is the Board`s motion. On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the Board approved the use permit with the added conditions to include 5 off-street, regulation-size parking spaces and that the play area inside the circle drive property be fenced, with these two conditions to be shown on a plat plan, details to be approved by the Planning Director and with the findings that these conditions are for the health, safer^,• and welfare of the residents. RECESS: 4:15 RECONVENE: 4:20 75-71 PUBLIC HEARING: BRUCE MARTIN-APPEAL OF A DENIED REZONE FRD:: "S-1" ~(3~BURHAN) TO "AR-MS" (AGRICULTURAL RESIDENTIAL-MOBILE HOME) FOR PROPERTY LOCATID ON TAE NORTHEAST CORNER OF DAYTON & BERRINGTON ROADS CHICO The public hearing for theBruce Martin appeal of a denied Pezone fro.a "S-1" (suburban) to "AR-MH" (agricultural resicential-mobile home) for property located on the northeast corner of Dayton and Herrington Roads, Chico, was held as advertised. Mr. Lawson gave the background of the matter, Hearing opened to the public. Appearing: Bruce Martin. He stated that he had 100 of the signatures of the people in the area. The purpose of this rezoning ie to allow mobile homes, which were allowed before the S-1 zoning. .Toha Stutz gave the history of how the area was rezoned to S-1. This w8s initiated by the Planning Commission. Garth Bell, appearing in favor o£ the AR-MH zoning. ?Sr. Sell set forth his reasons for supporting this rezoning. He stated he was Cold they did not need to appear at the hearing if they had 60 percent of the signatures, however he could not remember who had told him this. Page 31. 3anuary 14, 1975 ~ ~ January 14, 1975 w a e a r wi w a s a a a m a r s e r a r s e m: .e r r r r r r r r r r a r r ~x 5upsrvieor Richter wanted to know the rationale behind the Planning Commission's action. Mr. Lawson stated that they believed the mobile home park was a premature urban use and they did not want to use this as a rationale for continuing this type o£ zoning. Hearing closed to the public and confined to the Board. This area was previously zoned A-2 which conflicted with the General Plan. It was the feeling of the Board that the rezoning would be consistent with the General Plan. Also, there are already three mobile homes on lots in the area. On motion of Supervisor Richter, seconded by Supervir~or MetCillop and carried, the Board voted to return this to the Planning Commission for reconsideration and to hold a public hearing on this item. AYES: Supervisors Madigan, McKillop, Richter and Chairman Ladd NOES: Supervisor Cameron Supervisor McKillap requested that the people who had presented teatimoay at this hearing be present at the Planning Gommission hearing as no one showed up at the previous hearing. Supervisor Richter explained that he wanted this sent back to the Planning Commission because he wants to rely on their recommendation in these matters. 75-72 PUBLIC HEARING: APPEAL OF SUBDIVISION COI4fITTEE'S DETERMINATION TO FILE NOTICES OF VIOLATION ON PBOPERTIES IDENTIFIED A5 AP57«06 and AP 57-20; CONT. TO FEB. I1 The public hearing on the appeal of Subdivision Committee's determination to file notices of violation on properties identified as AP 57.05 and AF 57-20 held at this time. Hearing opec_ed to the public. Appearing: Phil Mace, attorney for the corporations noticed in Chia matter, explained he has been trying to get the standards of compliance. His clients have agreed to comply to the standards but have not had time to Work out all the details. He stated he is not present to oppose the committee's violations but to ask for a 4-week continuance to work out the details with the various county departments involved. Brian Rix, deputy county counsel, stated that this was a reasonable request. Bettye Blair, planner, questioned Mr. Mace as to whether or not they intend to file a subdivision map. They are not right now. They axe attempting to deliver the types of improvements that meet the satisfaction of the committee. They feel it can be done to everyone's satisfaction without a subdivision soap. The Board stated that Public Works, Counsel and Planning Should all be consulted regarding this matter, not just one of the departments. Oa motion of Supervisor Cameron, seconded by Super:teor McKillop and unanimously carried, the Bcud continued the hearing to February 11, 1975 with the understanding that the matter be negotiated and a recommendation brought back to the Board, and that Planning, Counsel and Public Works sit in on the hearings. RECESS: The Board recessed at 5:20 p.m, to reconvene on Wednesday, January 15, 1975 fallowing the BCAG meeting. Page 32. January 14, 1475 r"~ o"'y January 1$, 1975 m v m m a m a m m m m au r m .¢ a as : m t .e e e s m m m m m e m: m A m m m s RECONVENED: The Board reconvened at 10:10 a.m. following the BCAG meeting. Present: Supervisors Cameron, Madigan, McKillop, Richter and Chairman Ladd; Clif Nickelson, Administrative Officer, Dan Blackatock, County Counsel, and Clark A. Nelson, County Clerk, bT Marne Catt, Board of Supervisors Clerk. 75- 73 RATIFY INDIVIDUAL BOARD MEMBERSHIPS ON VARIOUS BOARD COMMLTTEES Chairman Ladd presented the Board members with a list of Board memberships oa various Board committees. Memberships discussed. On motion of Supervisor MciCillop, seconded by Supervisor Madigan and unanimously carried, individual Board memberships on various Board committees was ratified as proposed by Chairman Ladd as follows: Chairman Ladd: Butte County Association of Governments Air Pollution Coordir:sting Council Manpower Planning Council Grand Jury Audit Committee Fish ~ Game Commission Local Agency Formation Commission (Alternate) Biggs & Gridley Swimming Pool Advisory Board Biggs ~ Gridley Memorial Ha11 Committee Building Committee: Juvenile Hall; Detox Bldg. & Paradise Librasy Supervisor McKillop: Butte County Association of Governments CCCJ Fish ~ Game Commission Lake Oroville Recreation Committee Oroville Memorial Hall Cam. Civil Disaster Couneil Supervisor Madigan: Butte County Association of Governments LAFCO Also State Director R. C. R. C. Computer Coordinating Committee on Law Enforcement Applications Superior California Water Committee Law Library Trustees E.O.C. (Alt.) Chico Memorisi Hall Supervisor Cameron: B.C.A.G. L.A.F.C.O. Butte County Comprehensive Health Historical Advisory Committee Mental Hesith Advisory Committee B.M.S. Steering Committee Paradise Memorial Hall Committee Building Committee, Juvenile Hall; Supervisor Richter: B. C.A.G. Health Manpower Planning Counsel E.O.C. Gov't. Sector Civil Disaster Council Grand Jury Audit Committee Durham Memorial Hall Page 33. Planning Council Detox & Paradise Library January 14, 1975 F"` ~ January 14, 1975 c c c s c a s z c o s r c z z z c s z r z c z as ~a c c m c z s o s c z R 4 .o w~ 75-74 ATTENpADTCE AT NEW SUPERVISORS INSTITUTE IN SACRAMENTO-FEHRUARX 6 6 7,1975 Attendance at new Supervisors Institute in Sacramento discussed. Supervisor McKillop said he would like to attend some o£ the meetings on items he is interested in; he was not certain what day he will attend. Mr. Nickelson will inform them that Supervisor Richter will attend. 75-75 DISCUSSION: MEETINGS Chairman Ladd said there was a dinner meeting this evening at 6:30 p.m, at Posey's in Sacramento being held by R.C. R.C. There will be State Legislators present. Supervisor Madigan will attend this meeting. I* was felt that this would be an excellent opportunity to discuss the local and regional problems with the Legislators. 75-76 DISCUSSION: APPOINTMENTS TO HOUSING AND COMMUNITY DEVELOPMENT STUDX COMMITTEE Supervisor Richter suggested a name for appointment to the Housing and Community Development Study CommiCCee: Robert McCauley 375 Lassen Avenue Chico, CA. He was suggested for the developer classification. 75-77 APPOINTMENTS TO ALCOHOL ADVISORY BOARD & TECHNICAL ADVISORY oOMMITTEE ON DRUGS Supervisor Richter suggested the following names ss members of the Alcohol Advisory Board: 1. Charles Freer 431 West 6th Ave., Chico 2. Louie Ricci, Chico. Chairman Ladd requested that Mr. Nickelson prEpare a list of who was serving on the committee. Suggested names will be considered for appointment. 75-78 MATTERS PRESENTED BY BOARD MEMBERS FOR CONSIDERATION Supervisor Cameron said he was waiCing to Aubmit the name of his appointee to Che Housing Committee; his man is leery because he might be is conflict; he will get County Counsel's opinion in the matter. Chairman Ladd said he would suggest that the Board members call in their appointmeate to Mr. Nickelson. Nr. Mickei-on will send the appointees the data needed. Supervisor Cameron said that Supervisor Madigan had brought up the point of a study of the Veteran Service Office. There was a letter from one of the Veteran organizations in Chico and they had been suggested as the one to make the study. Supervisor Cameron would like to have Ray Griffen, 291 Pacifi•. Drive, Paradise, work with this group in the study. Mr. Nickelson will inform Mr. McMahan, Chico organization representative, of this man's name. Supervi3or Madigan said that yesterday when considering the zoning on Lincoln, the matter of the A. L. Worley problem had been brought up. Mr. Fergu~cn has the information on this matter. Mr. Blackatock will study the matter and will report back to the Board. Supervisor Madigan asked about Che Johnson ia~anctioa in Chico. Dan Blackatock, County Counsel, reported on the matter, Mr. Johnson had pianaed to move his operation, but when he wer_t to the Planning Department for his use permit, Planning insisted or an E.I.R. being filed. Mr. Johnson has refused to put up the money for this matter. Mr. Blackatock will Page 34. January 14, 1975 ~ ~, January 14, 1975 s a r a a r r a r e s s: o a s r r: a r o a r s a r r~ r c a s si ~e a a a report back to the Board on this matter. Supervisor Richter stated that he had not adequately expressed himself conceraing grants to public agencies. He said he was really concerned about quasi-public agencies rece.ving funds from the County. He feels that if the County is goiag to give grants, there should be a policy to require the people to use the funds in a certain way or the funds will be revoked. Supervisor McKillop stated that these grants are handled by agreements. The project in question was indicated to be transportation of the handicapped and the elderly. Supervisor Cameron said this was the reason the Board requires them to give a monthly report on their activities. Chairman Ladd wondered if all the Board members had received the letter from R.C. R. C. in re AB 3784. This is the bill that changes the notification procedures on zoning matters. Proposed bill discussed. Mr. Blackstock explained the matter of sending notices to the property owners in the areas to be rezoned. It was felt that this bill would be discussed at the R.C. R.C. meeting to be held this evening. ADJOURN3~NT: There being nothing further before the Board at Chis time, the meeting was adjourned at 10:45 e.m. to reconvene on Tuesday, Jeauary 21, 1975 at 9:00 a.m. ATTEST: CLARK A. N$LSON, COUNTY CLERK BY ~ ~-a ~ A e irman o f the Board Board of Sup isora Clerk Page 35. January 14, 1975