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March 16, 1976
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors me# at 9:00 a.m. pursuant to adjournment.
present: Supervisors Ladd, Madigan, McKillop, Richter and Chairman Cameron.
Clif Mickelson, Administrative Officer~_Dan Blackstock, County Counsel, and
Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk
Pledge of allegiance Fo the Flag of the United States of America
76-376 OROVILLE CHAPTER DE MO LAY - PRESENTATION OF BICENTENNIAL FLAG 8~ READING
Representatives from the Oroville Chapter DeMolay, Todd Ricketts, Master
Counselor, Fred Holland, Jeff Holland and Rex }iolland presented the Chairman and the
Board with a Bicentennial Flag. A reading entitled "I am the Nation, was given by
Jeff Holland. Chairman Cameron thanked them for the presentation and accepted the
Flag for the County.
76-379 APPROVAL OF MINUTES
On motion o Supervisor Ladd, Seconded by Supervisor McKillop and
unanimously carried, the minutes of March 9, 1976 were approved as mailed.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, the minutes of March 9, 1976 were amended to correct Item 76-369,
Page 176 to state that the Board did not authorize the purchase of furniture For Mental Health
Treatment Center but had referred it back to Administrative Officer for furt}~er fallow up.
76-380 COMMUNICATIONS
Ba d Roc Road. Letters eve been received from several residents in the Berry Creek-
`f 00.00 Bald Rock area, and the Oroviile Union High School District, requesting
that additional work be done an Bald Rvck Road. Referred to Clay
Castleberry, Director of Public Works.
Appeal of Glenn C. Keith denial for rezoning. Letters have been received from the
J City of Oroville and six area residents opposing the proposed rezoning which would
f ~ xJ • 0 permit installation of mobile homes,on individual lots in the area.
To be held anti I this afternoon for the hearing.
Waiter W. and Mary E. Morris, Paradise. The Morris' appeal the Planning Commission's
- ~. Condition No. 3 requiring traversable access and construction of full
~j, 0 5 street improvements for their property in Paradise. To be held until
Planning Director is present.
Nam Pinter, Paradise. Mr. Pinter appeals Condition No. 2 requiring traversable access
and construction of curbs, gutters and sidewalks for his property in Paradise.
~ ~ ~' ~ S To be held until Planning Director is present.
Butte Water District. The District forwards their resolution appointing Phillip Haynes
~~ as a director of the Butte Water District to fill the vacancy left by the
j ~ O •~ resignation of Lester Breeding. Information.
California State Automobile Association. The Association submits a subrogated
claim for damages in the amount of $713.84 for damage caused as a
~" result of an automobile accident involving a county vehicle on
0 0 • Z ~ January 28, (976 in Magalia. See motion following communications.
Superior California Comprehensive Health Planning Gouneil. The Council writes
inviting Board members to attend a meeting March 22 in Chico for the
"~ (y 5~~•Q d purpose of reviewing the.proeass in selecting HSA nominees.
See discussion and motion following communications.
Minasian, Minasian, Minasian, Spruance & Bober. The Attorneys request that
~ the deadline for submitting individual district conflict of interest codes
~~ ~• ~~ be de layed to June I, 1976. See discussion and motion fallowing
communications. page 18U. March I6, 1976
Evelle J. Younger, attorney general. Mr. Younger forwards a ;.€orm-letter urging
that priority attention be given M adopting general plan housing
+~ Z, Z, ,~ 4 elements. Information.
Department of Housing and Urban Development. The Department advises that Butte
County's amendment to the Community Development Block Grant
yZ • ~ ~ Program has been approved, with the exception of the Mini-Park
Development and asks that acceptance of the revised funding approval
be acknowledged. Scot Tandy reported on this; it is the funding from
HUD. Chairman will have to sign the forms. See motion foltowing comm.
Butte County Planning Commission. The Commission writes w~ncerning hearing
procedures with reference to the new County Subdivision Ordinance.
Discussed. Board will discuss the provisions of the ordinance at Wednesday's
discussion. Mr. Castleberry will give the Board members a summary of
the proposal this afternoon. To be discussed further tomorrow following
BCAG meeting.
Petitions from Sierra Del Oro in Magolia expressing appreciation to Clay Castleberry
~ for the exee;ient job done in clearing the county roads during the
d d . 0 recent 'brow flurry. " Discussed and referi~d Fo Ciay Castleberry.
76-381 REJECT CLAIM OF CALIF. STATE AUTOMOBILE ASSOCIATION
On motion of Supervisor McKI op, seconde y Supervisor Ladd and
unanimously carried, the claim of California State Automobile Association for
an accident that occurred on January 28, 1976 on the Skyway, hAogalia, Calif.
in the total amount of $713.84 was rejected and referred to County Counsel and
County's Insurance Carrier.
76-382 DISCUSSION: SUPERIOR CALIFORNIA COMPREHENSIVE HEALTH PLANNING COUNCIL:
LETTER TO BE WRITTEN TO ASST. HEAD OF H.S.A., WASHINGTON, REGARDING
APPROVAL OF BUDGET FOR H.S.A.
e etter rom t e Superior California Comprehensive Health Planning
Council discussed. Supervisor Richter requested that the committee provide a
greater number of people to choose from fo fill the slots.
Chairman Cameron said that the County Supervisor Association Health
Committee held a meeting in Washington with the Assistant Head of H.S.A. She is
sympathetic with the Board's feelings about the right to approve the budget for N.S.A.
Support of all the Boards of Supervisors is needed to have changes made in the regulations.
She is willing to try to help the Countys secure changes ro the Federal regulations
regarding the approval of the budgets. A mailgram should be sent to her stating
that the regulations should be changed in allow Board's of Supervisors the right to
approve the budget for H.S.A. As it now stands, the Board of Supervisors can review
and comment on the budget but they do not have the right of approval.
On motion of Supervisor McKiifop, seconded by Supervisor Madigan and
unanimously carried, o letter was authorized to be written to Mrs.
requesting that the Federal regulations should be changed ro allow the Boards of
Supervisors the right to approve the budget for H.S.A.
76-383 DEADLINE FOR SUBMITTING INDIVIDUAL IRRIGATION & DRAINAGE DISTRICT
CONFLICT OF INTEREST CODES EXTENDED TO SEPTEMBER I, 1976
etter rom ItlaSlpn, inas an, 'nos an, pNance ber discussed.
County Counsel recommended that the Board modify the deadline as far as irrigation ~
and drainage districts are concerned. •^ :•'.
Page IBI. March 16, 1976
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It was suggested that the deadline be set as September !, 1976 for
irrigation and drainage districts.
On motion of Supervisor Ladd, seconded by Supervisor McKillop and
carried, the Board concurred with the request of Minasion, Minasian, Minasian,
Spruance & Bober, attorneys at law, and put the deadline to September 1, 1976 for
the submitting of conflict of interest Bodes by irrigation and drainage districts.
AYES: Supervisors Ladd, Madigan, McKillop and Chairman Cameron
NOES: Supervisor Richter
76-384 CHAIRMAN TO SEGN ACCEPTANCE OF 7HE REVISED FUNDING APPROVAL
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
n motion a Supernsor i ap, sewn e y pervisor Madigan
and unanimously carried, the revised funding to the Community Development Block Grant
Program was accepted and the Chairman was authorized to sign the amendment to the
Community Development Block Grant program.
76-385 LETTER AUTHORIZED TO BE WR.~#TEN TO JACK LANCASTER, DEPUTY SHERIFF
STATING COUNTY WILL DEfEND HIM IN THE CASE OF BEALL VS. COUNTY
Dan B ac stoc ,County Counse , state a received a etter rom
deputy sheriff Jack Lancaster, requesting the County to furnish him with defense in
the matter of Beall vs County of Butte, et al. Mr. Blackstock stated the county could
provide him with defense for the case, but will not defend him on the matter of
punitive damages, nor will the County's insurance company pay damages for him in
this matter.
On' ~ motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, a letter was authorized b be written to Jack Lancaster,
stating that the County will defend him in the matter of Beall vs. County of Butte, et al,
but will not defend him on the punitive damage portion of the case, nor will the
County's insurance carrier pay for any of the punitive damages.
76-386 INFORMATIONAL ]TENS
C airman Cameron stated that the Board should all be aware of
the fact that Butte Community College had won the choapionship in basketball;
they have a very fine team and pre p great asset fn the County.
Supervisor Madigan asked if the Board was going to allow an
appearance from the law firm of March, Washington & Marsh to discuss the matter
of the closure of the Pulga-Mayaro tmad. Mr. Nickelson explained the Board's
policy regarding selling of time for people to appear to discuss items. Request
discussed. Time set for i0:'~FP~o.m. Tuesday, March 23, 1976 for discussion of this matter.
Supervisor Madigan stated he had received a letter from the Emergency
Medical Group; he wanted to know what his role in this matter was to be. He was
told he was the County's representative at the meeting. The joint power agreement
will be discussed at their next meeting. The joint power agreement will be placed
back on the Board's agenda for Tuesday, March 23, 1976 for a report by County Counsel.
76-387 ADOPT ORDINANCE 1697, AMENDMENT OF SALARY ORDINANCE: AUTHORIZE
DISPOSAL OF SURPLUS PROPERTY: DECLARE FIRE TRUCKS 5URPLUS: & APPROVE
LEASE AGREEMENT FOR HOSPITAL WELL NO. 2
n motion o perv:sor ~ , seco ed bySupervisor Richter and
page 182. March 16, 1976
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March 16, 1976
unan#mously carried, the following action was taken;
I, Waived the second reading of the salary ordinance amendment,
adopted Ordinance 1697 amending the salary ordinance, and authorized the
Chairman to sign.
2. Authorized the destruction of a .22 caliber rifle that the Sheriff
has found •zlangerous to shoot.
3. Declared two 1953 Dodge fire trucks surplus, as recommended 6y
County Fire Warden, with one unit to be assigned to the Berry Creek Volunteer
Department with County ownership maintained, and the other donated to Butte
College for refurbishing in their auto shop and limited use in the fire science program.
4. Approved lease agreement with Thermalito #rrigation District, with
a cancellation clause to be included in the lease agreement, and the Chairman was
authorized to sign.
76-388 ADOPT RESOLUTION 76-52 AUTHORIZING CHAIRMAN TO SIGN THE
CCCJ GRANT APPLICATION
Two wee s ago t Board approved tha Superintendent of School's grant
application (Cooperative Agency Program' to reduce Juvenile Delinquency). A resolution
authorizing the app#ication is required.
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
carried, Resolution 76-52 authorzing the Chairman ro sign •and.-the•Si,perintendent of
Schools was authorized as the person to sign the grant application.
AYES: Supervisors Ladd, Madigan, McK#Ilop and Chairman Cameron
NOES: Supervisor Richter
76-,389 APPROVE AGREEMENT WITH SIERRA COUNTY FOR DATA PROCESSING SERVICES
On motion o upemsor ,seco e y perv sor Ric ter an
unanimously carried, the agreement with Sierra County for data processing services
was approved and the Chairman authorized to sign.
76-390 WAIVE DANCE LICENSE FEE: DURHAM VOLUNTEER FIRE DEPARTMENT
On motion o uperv sor La ,seco y Supervisor McKi op and
unanimously carried, the request of Durham Volunteer Fire Department for a waiver of
dance license fees for a dance b be held March 26, 1976 at the Durham Memorial Hall
was approved.
76-391 BUDGET TRANSFERS APPROVED
On motion o Supervisor Ladd, seconded by Supervisor Richter and
unanimously carried, the following budget transfers were approved:
B-ils Central Services. Transfers $36.70 from renka and leases of
equipment in Central Services-Duplicating with $32.56 going to rents and
leases of equipment in the Motor Pool end $4.14 to rents and leases in II
Communieatians to cover postage meter rental and license fees which were l
higher than anticipated at budget time.
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Page 183.
March 16, 1976
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8-119 Health Services. 7Yansfera $1.200 from salaries and wages
to extra help in order to provide fora Typist Clerk position until
such time as a salary ordinance amendment can be prepared and the ordinance
becomes effective.
B-120 Chino Marshal. Transfers $300 from outer transportation and travel
to office expense in order to cover defficiencies in the office expense aceounC
and to provide funding for the remainder of the current fiscal year. '
B-121 Recorder, Transfers $137 from board authorized travel to other
transportation and Gravel in order to pay for employees mileage in transporting
daily key punch cards to Data Processing. The amount requested should cover
the current shortage and provide sufficient funding through June 30.
B-122 Public Works General Administration. Transfers $3,500 from rents
and leases of equipment to office expense to cover the cost of Xerox use and
supplies for the Xerox machine which was inadvertently budgeted in the rents and
leases account, rather than office expense. 11tis transfer will cover the
current deficit and provide funds through the remainder of the fiscal year.
8-125 Board of Superviso,~rs. Transfers $1.056.37 from extra help to
memberships in order to provide for membership in the l~atfonal Association of
Counties for the period of April 30, 1976 through April 30, 1977. Actual
fees for various Board memberships have been greater than the amount originally
estimated in the budget.
B-126 Chico Municipal Gourt. Transfers $3,500 from salaries and wages,
with $3,000 going to professional and specialized services and $500 to other
transportation and travel. With Judge Wolford retiring, the assigned Judges
salary has been drawn Pram professional end specialized services in addition
_ to the assigned Judge's mileage.
B-127 Animal Control. Transfers $352.21 from special departmental
expense to equipment in order to~cover the increased cost of equipment
purchases over the amount the budgeted fn the current budget year.
8-126 Animal Control. Transfers $414.61 fmm extra help and $178.73
from overtime, fora total of $593.54 going to clothing and personal supplfes
in order to cover dfficits caused by turnover in personnel thereby requiring
the purchase of new uniforms fax three Animal Control men.
8-129 Personnel. Transfers $1.000 from professional and specialized
services, $500 from special departmental expense, and $150 from board
authorized travel, with $1,150 going to publications and $500 to other
transportation and travel. The reason for this transfer is the increase in
ppblication of fob announcments to meet the affirmative action requirements
and added cost of recruitment Eor Che E.O.C. Director. The increase mileage
costs are due to the new mileage policy and also the need For skaff to drive
to various locations in giving examinations because of a lack of facilities.
76-392 APPOINT COMMITTEE TO MEET WITH WATER QUALITY CONTROL BOARQ-
SEPTAGE FACILITIES AT CHICO CITY SEWER PLANT
ater Qua ity Contra Boar is interested in establishment of
facilities at the Chico City Sewer Plant and wish to discuss the facilities with a
committee of Board members and staff from=~Khe City of Chico. Supervisor Ladd
and Supervisor Madigan were appointed as members of the wmmittee tv meet with
the City of Chico and Water Quality Control Board.
Page 184.
March Ib~ 1976
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76-393 APPROVE GENERAL ASSISTANCE VARIANCE REQUEST
n motion a Supervisor , seco y Supervisor Richter
and unanimously carried, the request of Welfare Director for General Assistance
variance request was approved.
7G-„'e~4-ADOPT RESOLUTIONS 76-53, 76-54 876-55; APPROVE FINAL MAP-
1+VATSON SUBDIVISION: RELEASE MAINTENANCE BONDS OF KELLY RIbGE IA,
IB, 2A, 2B 8 2C: APPROVE PLANS & SPECS-CLARK ROAD PROJECT: ADOPT
RESOLUTION 7b 5b APPROVING RIGHT OF WAY CERTIFICATION NO. 2, MESSILLA
VALLEY ROAD BRIDGE 8. WANED FIRST READING OF ORDINANCE
On motion of Supervisor Ric ter, seconded y Supervisor McKillop and
unanimously carried, the following action was taken:
I. Adopted Resolution 76-53 TO PLACE THE INCLUSION OF
Baggett Aharysville Project on the 197b-77 PUC priority list and the Chairman was
authorized to sign.
76-54
2. Adopted resolution_~fo support City of Oroville's nomination of
Huntnon Street railroad crossing structure and the Chairman was authorized to
sign.
3. Adopted resolution 76-55 supporting City of Chico's norninotion
of Dayton Road realignment eliminating grade crossing of Southern PaciFic Railroad
and the Chairman was authorized to sign.
4. Approved the final map of Watson Subdivision (7 lots, south
side Keefer Road, accepted improvemenh and approved commencement of one year
maintenance period, and authorized the Clerk to sign the map.
5. Approved release of the maintenance bonds for Kelly Ridge IA, IB,
2A, 2B and 2C for road and drainage improvements.
b. Approved the plans and specifications for Clark Road, project
No. 57452-74-I and Lassen Avenue Pr+~fect No. 57183 74-I, authorized the
Chairman and Director of Public Works to sign; adopted the wage scale, and set
Clark Road bid opening at 11:00 a.m., Public Works Office, April 8, 1976 and Lassen
Avenue bid opening at 10:00 a.m., Board of Supervisors room April 6, 1976.
7. Approved right of way certification No. 2-Messilla Valley Road
Bridge C Dry Creek, project No. 41442-75-1, FAOS Project X05-007(1), adopted
Resolution 7656 authorizing Chairman to s'sgn, and authorized the Chairman to sign.
8. Waived first reading of ordinance establishing speed limit
of 35 MPH an Standford Lane.
76395 ADOPT RESOLUTION 76-57 AUTHORIZING ACQUISITION OF REAL PROPERTY
BY EMINENT DOMAIN NECESSARY FOR A SITE FOR BUTTE MEADOWS DISPOSAL
SITE TRANSFER STATION: AUTHORIZEb CO. COUNSEL TO IN[TtATE SUIT
FOR SPECIFIC PERFORMANCE OF "AGREEMENT FOR SALE OF REAL PROPERTY ET AL"
On motion of Supervisor digan, seconde y Supervisor Ladd and
unanimously carried, the following action was taken:
1. Adopted Resoaytt~t.7fj-5:7,,~rthorizing acquisition of real
property by eminent domain necessary for a site for the Butte Meadov~rch Ib, 197G
Page 185.
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disposal site transfer station and authorized the Chairman to sign.
2. Authorized County Counsel ro initiate suit for specific
performance of "agreement for sale of real property, Butte Meadows Disposal Site"
by owner.
7b-396 AUTHORI7E ADDITIONAL TICKETS T4 BE DISTRIBUTED; CHICO CLIPPER
C ay Caste rry, Director o Pu is 1M16 s, reported on t e request
for additional tickets for the Chiw Clipper. People hwe requesfied that mare
tickets be sold. There is at present funding for 6,000 tickets. They do not have
fihe funding to issue additional tickets. Request discussed.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, .the Board authorized the issuing of an additional
amount of tickets for the Chico Clipper in the amount of 1,500 tickets.
76-397 INFORMATION AND DISCUSSION ITEMS
C ay Caste rry reports on t e Highway 70 Feather River Blvd.
intersection and the Pulga Id~ad problem. The Division of Highways was contacted
and they plan a right tum deceleration turn
76-398 REPORT ON BID OPENING-0ROVILLi:-QUINCY HWY. PROJECT NO. 27561-73-1
AWARD OF BiD TO ROBINSON CONSTRUCTION COMPANY
C ay Caste rry, Director o Pu c s, reported on the bids for
Oroville-Quincy Highway Project No. 27561-73-I. Bids discussed.
On motion of Supervisor McKillop, seconded by Supervisor Richter
and unanimously carried, the bid of Robinson Construction Company was accepted
for the Oroville-Quincy Highway Project No. 27561-73-1 in the amount of X236,651.50,
and the Chairman was authorized to sign.
76-399 APPROVE USE OF COUNTY LAND FOR SANITARY SEWER CONSTRUCTION
BY CITY OF CHICO
T City of Chico has requested permission to construct a sanitary
sewer across a portion of County land. The sewer to be maintained by City of
Chico. County is asked to approve sewer construction across the County land and
to indicate it would provide a 20 ft. easement for City of Chico. Request
discussed. It was felt this could be approved, iF the City of Chico will handle the
E.I.R. on the whole project.
On motion of Supervisor lvladigan, seconded by Supervisor Richter and
unanimously carried, the Board indicated their approval of the construction of the
sanitary sewer across a portion of County land, for City and public purposes, with
the irrdlication tha# the Cit y of Chico will handle the E.LR. on the whale project.
76-400 DISCUSSION: ABANDONMENT OF THE STIRLING CITY BRANCH RAILROAD
. Caste rry sa receive a communication concerning t
Stirling City Branch of the railroad and he would like tv write and state that the
County would like to acquire the line for a trail for bikes and for hiking purposes.
He feels that the County should go on record with ICC. Mr. Castleberry will write
the letter as set out.
Page 186.
March 16, 1976
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76-401 CONTINUATION OF DISCUSSION OF PARADISE MOBILI: HOMEOWNERS'
ASSESSMENTS: LETTER TO BE WRITTEN TO MARSH MAZER, ATTORNEY FOR
ASSESSOR
Chairman Cameron made a short statement at thiss~ime regarding the
Board action authorizing the employing of an attorney by County Assessor. He
said the Board had authorized the hiring of an attorney to determine whether the
Assessment Appeals Board had (usrti~Fi'sation for their decision and whether proper
findings had been made. Copies of the Petition for Writ had been given to the
Board members. The prayer of the complaint set out and discussed. It requests
that the Assessment Appeals Board rescind their action and place Fhe assessments
back to what they were prior to the assessment hearings.
Supervisor McKillop said the complaint goes further than the
Board authorized and that County Counsel should report on this matter.
Dan Blackstock, County Counsel, stated that he did discuss
this with Marsh Maier and he will clarify this in his opening statements in
Court Friday.
Supervisor McKillop stated that the prayer of the complaint is wrong.
It should be worded the way the Board authorized it ~ be worded. He felt the
attorney should bear the expense of correcting the prayer of the complaint.
Mr. Blackstock said he has filed a return in opposition to this.
It will cost more money to file an amended petition. It is set for hearing on
Friday. Fie feels that if the statement is made, this will ruse whe':ther or not
the attorney will prevail in Court. Mr. Maier will amend his complaint in open court
on Friday.
Supervisor McKilfop said the intent of this Board had been to file
a suit with Superior Court to make a finding whether the Assessment Appeals
Board made the proper findings. Only if the Assessor prevails will the matter
go back to the Assessment Appeals Board for another hearing.
Chairman Cameron said he aemuld like to see the paragraph in
the prayer removed and that the prayer be amended to state what the Board
intended.
Complaint and ac#i'on t4 be taken discussed. Chairman Cameron
said he is not going to accept the wording as it is now on the prayer of the
complaint. The paragraph shou#d be removed and restated as intended by the Board.
Mr. Blackstock said he has never known of Marsh Maier ro da anything
that would indicate he could not be relied upon. If the Board feels strongly about
this matter, the Assessor could be instructed ro have his attomey amend the prayer
of the complaint. . Mr. Maier assured Mr. Blackstock that he would clarify the
matter in his opening remarks Friday in Court,
It was moved by Supervisor McKillop, seconded by Supervisor Ladd and
unanimously carried, that a letter be written to Marsh Maier, attorney for the
Assessor, stating that if he does not change the prayer of the complaint, and if he
goes into Court and does not change it, then there will be no further payment ro him
by the County, page 187.
March 16, 197b
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March Ib, E976_~_________ ______
The Assessor will be asked to amend the prayer to indicate the Board's
desire to indicate that the Board of Supervisors is asking the Court to find whether
or not the Assessment Appeals Board made proper findings in the three cases in
question. This is part of the motion and second.
Mr. Coleman stated that he wished to express the appreciation
for the Board's action in this matter.
RECESS: 10:30
RECONVE NE]): 10:45
76-402 PUBLIC HEARING: HEINZ H, HERP+fANN-APPEAL OF PLANNING COMI~ffSSION's DENIAL
OF TENTATIVE FARCEL MAP, AP 56-34-11, 4 lots, APFRO%IMATELY 1 a MILES
NORTH OF LOVEIACH ON 5T SIDE F HEAL ROAD
The publio hearing of the Heinz H. Hermann appeal of Planning
Commission's denial of tentative parcel map, AP 56-34-11, 4 lots,
approximately 1'~ miles north of Lovelock on east side of Neal Road was
held at this time, Chairman Cameron asked if the Board had any questians
regarding this appeal; they were referred to the packets for the details.
Hearing opened to the public. Appearing-
1. Heis-z H, Hermann, applicant, explained that the west forty acres
was developed in 19'j3 and he would now like to divide the east forty acres
unto four parcels, He stated that he personally felt that there was a need
for residents. It was his feeling that to approve the area onlyp for
timber is bad for the environment.
2. Mr. Lippencott stated he was a land surveyor and had prepared
maps and had investigated the land and property. Thera is a sixty foot
access and he could see no reason why this could not be divided into
four parcels, The proposed development would be summer homes as wail
as permanent homes. The land had limited commercial value as far as timber
was cohcerned. He stated that this would be low density residential, and
it should comply with the genera]. plan.
Hearing closed to the publio and confined to the Board.
Hearing caatiinued until Planning Director is present.
76-3 CLARK ROAD ASSESSMENT DISTRICT N0, 1; ADOPT RESDLUTIONS 76-,58 & 7b-59
TO CHANGE THE NAME OF THE BOND C UNCIL AND ACCE T THE EN INE1rRS REPORT
A resolution ame~iing the designation of Speoial Bond Counsel and
resolution and order preliminarily adopting Engineer's Report and
Assessment, batting public hearing thereon for April 20.,,1976 at 10:30 a,m.
and calling for bids to be received on April 8, 1976 at 11:00 a,m. presented
for adoption. Engineer's report, plans and specifications, engineer's
statement of method of determining benefit; notice of improvement and
notice to contractors were filed at this time,
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
unareimous].p carried, the following resolutions ware adopted and the
Chairman authorised to sign:
Resolution 76-58, amending designation of Special Bond Counsel
Resolution 7b-59 and order preliminarily adopting Engineer's Report
and Assessment and setting publio hearing thereon,
Pagel8$.
March 16, 1976
~ T
76-~O~M DISCIISSION OF SO WASTE DISPOSAL FEES BEING RAISED TO 6 00
Clay Castleberry, Director of Pub11c Works, stated that he had written
a letter indicating that it would be advisable to put in scales at the
disposal sites. He asked the Hoard if the County should consider
contracting for land fill. It was suggested that there should be a
pay-as~ou-go system; this would eliminate a mountain transfer station.
By being open fYve days and not seven, the County could pass an the
transportation costs. Mr. Castleberry requested the Board to approve
the proposal of $6.00 disposal fees and the suggestion to b® open five
days a week instead of the seven days, as it now operates.
Chairman Cameron asked for any comments.
Supervisor Ladd felt they should raise the fee at least up to what was
suggested with the intent o£ making the land fill operation self supporting.
He felt it would cost to much to make the mountain transfer stations self
supporting. He also felt that it would not be equitable to put in scales;
it would add to the cost and slow down the process, and it would not serve
the public interest.
Supervisor Richter stated that he would like to explore the possibility
of providing service at a reasonable cast and closing down the mountain
transfer stations.
Mr. Castleberry stated that they plan to make the land fill self-
supportiag and would like the Board's intent regarding the $6.00 disposal fee.
He suggested that the Board appoint a oommittee to investigate the operation.
Supervisor Ladd said he had some reservations about the contracting
idea; felt that it would put the county people at the mercy of who ever
receivedthe contract. He would be afraid to let it go unless it could
be redeemed at a later time.
Mr. Castleberry stated that Sonoma and mangy other counties were going
this way; service areas could be laid out for the operation of the service.
Supervisor Richter said at~y proposal would be subJect to bidding
and that the County should set the standards, rt was his feeling that a
private contractor might be able to run it cheaper but that the cost would
go np in a few years.
On motion of Supervisor Riohter, seconded by Supervisor Madigan and
unanimously carried, the Hoard voted to appoint a committee to look into the
solid waste problem; the committee should be made up of two Hoard members
and two frrom the public and two~ve.+:dora and one person from public works.
Chairman Camerarc suggested that Supervisor Ladd and Superviso~:Riohter serve
oa~the committee. Supervisor Richter suggested that Mr. Stratton serve
as one representing the public; Mr. Castleberry serve fromr:.puhli.c Works and
that one of the Johnsens serve representing the vendors.
Names will be submitted. Matter to be placed back on the agenda for
Tuesday, March 23, 1976.
76-405_P_UBLIC AEARtNG: HEINZ A. Fi~RMANN-E;ONT~NIIED„FROM EARLIER IN`sTHE MEETING
Jim Lawson, Planning~Direotor, now present and explained the details
of the zoning of the area iit quastian. As far as timber was co~erned,
oak is predominant.
Mr. Blaokstock stated that there should be a condition that there be
no further lot splitting of this property. Zoning discussed.
Page 189.
March f6, 1476
~~
______________Macchlk,~19I~====__________--___--
On motion of Supervisor McKillop, seconded by Supervisor Ladd and
carried, the tentative parcel map of Heinz H. Hermann was approved,
subject to the conditions, with the finding that the property is
aonsistent with the General Plan and that a negative ETR has bean filed
with the County Clerk.
76-406 ~1PP~ARANC~ ORRIN S. STRATTON
Mr. Orrin Stratto~zs#ited:•.that the Board had already accomplished
what he had intended to speak about; the forming of the committee for the
solid waste disposal project.
Ron Graves presented maps to the Board members. The property in
red was sold for taxes a year ago. Each parcel was supposed to be sold
individually. Now the ERC refuses to review it. His clients had been
assured that they would be able to sell the parcels separately, without
a subdivision map.
Ordinance No. 1538 discussed as to how it applied to Mr. Palms and Mr.
Sahroadars property. Matter referred to County Counsel.
76-408 DISCUSSION OF EIR SACKIAG
Jerry Deroco stated that ha had submitted a use permit application
in July that is the sub3eot of a grand jury indictment. Ha requested
assistance in expiditing the matter, stating that the Planning Department
needed help in processing the EIR's. It was determined that there was a
backlog of nine EIR's in the Director's office at the present time.
Mr. Leeson stated that the cost oT processing an EIR was $100.00 minimum.
He stated he had a long list of possible consultants. The possibility of
onntracting the preparation of the EIR reports was further discussed.
County Counsel will prepare a standard.comtraatural farm.
76-~9_APPEARANCE: MR. HOWARD JOHNSON RE LOT FRAOD CONA9ITTEE
NIr. Johnson stated that on March 3, 1976 he took out of the Chico
Enterprise-Record an article regarding the Lot Fraud Committee. Ha felt
that there should be a resolution or ordinance passed that would require
the title companies to search and make sure there is no lot splitting
involved in their sale of property transactions. It was his feeling that
the Board through the news media was "stirring up the p®ople".
Supervisor Madigan stated that a violation should be punished as a
violator, and not be treated as a matter of money. This is according
to the Map Aot of 1301H.
R~cESS: 12:25
RECONVENED: 1:30 p.m,
76-410 PUBLIC HEARING: WILLIAM A. RETZER-REZONE FROM "PAC" & "A-2" TO "R-1"
PROPERTY LOCATED ON SOUTHEAST CORNER OF LASSEN AVENUE. CHZCOt CONTINUED 30 DAY
The public hearing on the William A. Retzer rezone from "PAC" (planned
area cluster) and "A-2" (eneral) to "R-1" (single-family residential),
"R-2" (residential-duplexg and "R-4" (maximum density residential) for
property located on the southeast corner of Lasaen Avenue, Chico, idsntifiad
as AP 44-36-37 & 38, and a portion of 07 & 09 was held at this time. A letter
From Mr. Retzer requesting a 30~day continuance was read.
Hearing opened at this time, No one appeared to speak. Hearing
continued to April 20, 1976 f~g '~ p.m.
March 16, 1976
I^ r"~
___----
76-41 APPROVE TENTATIVE PARCI~, MAP5 RECOMtIEI~TDED FOR APPROVAL
On motion o£ Supervisor McKillog, seconded by Supervisor Richter
and unanimausl.y carried, the following tentative parcel maps recommended
for approval were approved, subJect to the conditions, with the finding
that the maps are consistent with the General Plan and that Environmental.
Impact Reports have been Piled with the County Clerk:
ti;a-'1~e~ P•~2 7~°:2i. ~Tb;ln 1~. S iv:RS'S' T9. CD'OFSo:LY?:: ~ ~'D-~~~'3iJ 6< ~tP
G.~, 1-< t713~cC a looms, 3:]7~'.`.i: ?77' i~:'~..e: T~Ct, r~'•g3~ B~.CIE C'-° T,'tL'tc..%
~'ti.~nC;s~S:. w~~ wZ° ~E[)'i1:.'y^3Ti[91:ta :'.' to°L"bt r3:3 at) .~ t?:° '~~7w ~114','~'-' *ygUllt~!' t,'CC•i°_,
~:.'3~ t~z~~~3wfi~e paxcel tna~ a~ t3z~ ~o/~ rcl~n`3'c•~+~Q nr.~?pK~;~ has heir. Xa-
vr_Acaed b;~ ~Ets au~~~ L'rs~.:.cst?.~ ^a33hc_.'~."~'i5{::z Cam~it~:~+~ cs-~~l ~:}ip P3ar~:ir_r~
Ccnr~ ss ir~t:.
mz~ Subd2v~.s~? flr. Cc~~,r•-0 t:~~e a,"se; ~k;~ P_la.r±ri3 rq e~anmissi~:t recor~mer_e7 '
a;apr~aval a~ ti~iA •bsn~at~ va mag , s ub) ~ at ~o tri ~ >r~l lcca3cq conclitiors
le V:~x1Py legal access.
2. Pxo~,3de~ t~e~~~iersaule access.
'3~ 7ndica~~ a, 54 ih. builcllrg se~tlaac}i fzcm ttZm cis tail{n~ Ct 3~t;i1~? Ln.
Prb~rida s rand maiater+ancr~ agre~~~:saY ~ .
5, A11 °a~•°-F.~srit'G Of x'f3C~'f 3'CZ •Z^ 'a° "s'}l."'..?•731 CYt ~`lf-. tS.Tlc:? 1isu~.
:~ ~$gatier~ ~~aC~~Yi:t.:IIn i2:°_q$ir7aYlC~ rl:V~ Ye93tTRs'3L•r' Y. sRtE]?Ct hoc^~~ F31P$ c•*ith the
L'.^.T1n1`~ Cl.~r: on F~"},2-t~zry 37 , 19'9£ .
..
i .- _ ~ ..
Zoned RT-I Maria Thompson, AP b4-6b-I7, 2 lots, west side of
G.P. 5-8 du/ac Skyway, approx. 230 ft. north of Ehrlich Ct.,
Paradise. Surveyors John W. Hamby
Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel map
of the above identified property has been reviewed by the Butte County Subdivision Committee and
the Planning Commission.
The Subdivision Committee and the Planning Commission recommend approval of the tentative
mop, subject b the following conditior<s:
I. Indicate a 100 ft. septic tank free radius from the well on the south parcel.
2. Provide a statement from I)el.Oro Wat®r Co. staring that tF~ey are wilting and able to
serve water to afl parcels.
3. Annex property to County Service Area ~4.
4, Indicate a 55 ft. building setback from the centerline of Skyway.
5. Show all easements of record on the final map.
Page 19i,
' March 16, 1976
r
___~_____________klaccb14,~19Zfi=.._.___-~_-__-____-
6. Provide a 25 ft. easement along the north side of Parce[ 2 and
no further divisian until 6i} ft. of access has been provided to
the publicly maintained road.
A negative Declaration laegarding Envirorrnental Impact was filed with
the County Clerk on February 9, 1476.
Tentative parcel maps, with no action by planning Commission of
Nam Pinter, AP 52-01-II, and Walter W. 8, Mary E, Morris, AP 52-04-02,
discussed. Nam Pinter appeared to appeal Condition No. 2 placed upon his
map. Walter lvbrris appealed condition No.3. Both maps were appealing
the requirement to place the improvements upon the property. Mr. pincer felt
it is a discriminatory action as other maps in that area were approved without
that condition. Mr. Pinter set out his justification far the appeal of the wndition.
Me assured the Board that if the County decided that all the other residents in that
area should have curbs, gutters and sidewalks, then he will be happy to bear the
burden of the expense of installing the Improvements. Chairman Cameron felt
that this wndition has been waia;ad in the post. It could be placed on the map
that when the County decides to have curbs, gutters and sidewalks, then he would be
willing to put in the improvements. He would sign an agreement to that condition.
Waiving of the condition discussed.
On motion of Supervisor McKi#lop, seconded by Supervisor Ladd
and carried, the Nom Pinter tentative parcel map was approved with the deletion
of condition No. 2 and the Walter W. 8: Mary E. lul~rris tentative map was
approved with the deletion of Condition No. 3, with an agreement to ba signed by the
owners that they will put in the improvements when they are required in the area,
subject to the balance of the conditions, with the•finding that they are consistent
with the General plan, and that negative Environmental Impact Deports have been
filed .with the Gerk for the following:
:~anec: R_3 F1,;.C :~tdm Pin~~:r, k~F 5?-g~-I7., 3 7.ofis, sau'hwest corr.es
~~'~, S•~8 ciu/ac C'[ 8'.13:: 5,s:.aci as.d R$p1~,~ ?.,:i.n~, i.'axadiu4. Su-vp;~ar:
~itf :~~. Iii Uj:~~:;CC;:'~
ru:•-~.s n~ to ~s~~a ra~suzY-r'::~:~xt;~ oi' .Sec'~3or 2~ .3 Qr ~hc~ I;u~~s County Co3~
a
^{~o-~ ::+=~^w"~bt7:' 0.:1'C~~, rA3y tai thf i_JOU?' ad-era~i)°i~13 t7Z'O~W~'~y h~S b_er: Y°-
vis~tv:>.it b1 ~h~ J~i1t:pA Cotian~y Subc':~. ~~.~icn Con:mi't~~.ac aR:d ~S'1E P3.3rsainC
C;::1.:.63'~ cri .
~'.3~: ;~i~13r;avi siCC, Cw:irtitaL•ee ~sCayxn~alds arnratra7 of •.ha f~er-~a~i~re rasp.
'Fh2 '_'].azzn~.ng Comm3s.~io~, tioc;. nct lcti or an ~ta~ loon. If. appro~tec3,
'caa S:nJ.dcwing coradii:idna aY~ rd~~.run~ncled:
~.~ Pal;cs:s:Lio'.S ~±nc i:.11 fi:c ~tt~ s~.~3.s~ac~..saa. o« irhe ,6u'cts Caunvy Hea7.'~
fl~:p~. t~`iA tts13 Icrw~etl An P.arc:.Z 2,
.~o A.~J°Y~.Ct° i.~dZ.°~:i'6cT.J~.m 4-I.CCQ36P ~cS:d QGr3.5~~LLG: `;!~ RSA 51~~.,+,~53£3~dy i.°
L:U~^135, glr':'.~CY3, ~~ $~.C~~4IPS~.fi, t~32C1 a ,ACflYaS~.T.'+' :a1~l3P~ '3'8r.'~~ri.~ Delve all
within the brackets as set our in motion.
;1 . ~.lr•~ti ~.O ~f3:: ~G{1I.i"..]f at r311~M.8 wf) ~'Z.. 5~C3[hL-rJ:~-+;3y T]:CS1Ii ~`'.11A CeR~9~~~.i
{,f} ~~i.g.'}:R.$x i_:Y~.. S I33,13 f3 Y+QaCJ , _
~~ , need ;~.cYj uw~.A-tare: t:n ~i~e Cc~.a_~.,.~ a~ F:a~~e :~~^: i;0 £'~. ~,sdius rai;u;~^
e~~ ~hE ..!:1~k~r~~C.}._s ~.,a o~ B? l~.n ~:c' . ~ .2~,uZ~-•~~
•.o .3..5 @r~~ 7?'.2:~_~a ~~ ~:~CGPCZ. ^a L:. '_i :lGS;_„ i?rY 2:i;:ci ?;i
.5131 il;';~~
r cd+3tC~c`>t,::."VL' Z10C`..'.d:~r_~ Cil ~?~y.~.;lf.~:c; :t';'.~u'~.5::.}nS:1.'. :~-.:L ;.:Y,L•cC': ~:.'~+3 :~~ 28 CZ 4r1~i1 '~:SQ•
7
' l~•~Page 192. ~ ~ ^..~ March 16, 1976. •~_.._.. _. .- ,
~ ~,
J
----------------~_'1°_rch 16,E 1976--- ------------
.Zoned R-I Welter W. 8 Atiary E. Morris, AP 52-04-02, 2 lots
south side of Edwards Lane, east of Oliver Road,
Paradise. Engineer: Lippincott Surveying
Pursuant to the requirements of Seetian 20.3 of the Butte County Code,
the tentative parcel map of the above identified propertyhas been reviewed
~by the Butte County Subdivision Committee and the Planning Commission.
The Subdivision Committee recommends approval of the tentative map.
The Planning Commission took no action an the map. If approved, the
following conditions are recommended.
I. No further division of Parcel 2 until 60 ft. of access has been provided
to the publicly maintained road.
2. Verify legal access.
3. Provide traversable accessr and construct to R~ LDl{I, andlconstruct full
street improvements, i.e., curb, gutter, sidewalks (DELETED}
4. Indicate a 50 ft. building setback from the centerline of Edwards Lane.
5. Show all easements of record on the final map.
A negative Declaration Regarding Environmenta) Impact was filed with the County
Clerk on February 9 1976.
AYES: Supervisors Ladd, Madigan, McKillop, & Chairman Cameron NOES: Sup, Richter
On motion of Supervisor Ladd, seconded by Supervisor Madigan
and unanimously carried, the following tentative parcel map was approved, subject
to fhe conditions, with the findings that it is consistent with the General Plan and
that a negative Environmental Impact Report has been filed with the County Clerk:
Zoned M-R Dorothy Hellman, AP 72-33-52, 3 lots, north of Swede's
Flat Road, east of Hurleton-Swede 's Flat Road. Engineer;
Graves, Geddis & Driscoll
Pursuant to the requirements of Section 20.3 of the Butte County Code, the
tentative parcel map of fhe above identified property has been reviewed by fhe
Butte County Subdivision Committee and the Planning Commission,
The Subdivision Committee recommends approval of the tentative map.
The Planning Commission took no action on the map. If approved, the
following conditions ar+e recommended:
I. Verify legal access.
2. provide traversable access to Parcel 3.
3. Indicate a 50 ft. building setback from all access roads
4. All easements of record to be shown on the final map.
Page 193.
March 16, 1476
t~
March Ib _1976
5. Provide a road mainteasnce agreement.
6. Proof of water or place the statement on the map as required by the
Ordinance.
A negative Declaration Regarding Environmental Impact was filed with the
County Clerk on February 9, 1976.
The General Plan indicates two categories of open space in non-urban areas:
I} multiple use open space and 2) permanent open space. Within the multiple
use open space, land in which the slope is genera~lyclaas than 25% but which are not covered
with valuable stands of timber, the General Plan stales that there is not expected
to be any substantial demand for urbanization of this land due to its location.
Uses for which it may be suitable include, but are not limited to:
Watershed Mineral Exhaction
Erosion control Golf courses
wildlife habitat private outdoor recreation
Grazing Riding stables
Tree crops plant nurseries
Field crops Flood control
Scenic easements Green belts
76-412 PARK COMMONS SUBDIVI510N TENTATIVE MAP: CONTINUED
e Par Commons Su ivision tentative su ivision map was
continued to Tuesday, April 20, 1976, io be acted upon following the public
hearing on the rezoning for William Belzer.
76-413 PUBLIC HEARING: ST. CLAIR CONSTRUCTION CO.~PPEAL OF CONDITIONS
of tentatively approved parcel map, 5 LCiTS, EAST OF FERN AVENUE, BETWEEN W.
Ilth_AVE. AND W. 12th AVENUE, CHfCO.-CONTINUED ONE WEEK
The public hearing on the St. C air Construction Co. appeal of
conditions of tentatively approved parcel map, 5 late, east of Fern Avenue, between
W. 11th Ave. and W. 12th Avenue, Chiw, was held at this time.
Hearing opened to the public. Appearing: no one.
At the request of the Plannire. Director this hearing was continued
ro Tuesday, March 23, 1976 at 1:30 p.m:..
76-414 PUBLIC HEARING-ANTHONY IELATI-APPEAL OF PLANNING COMMISSION'S
MODIFICATION OF USE. PERMIT TO ALLOW AN AUTO WRECKING YARD LOCATED AT
1855 KUSEL ROAD, IDENTIFIED AS AP 36-27-3B $ 39: CONTINUED ONE WEEK
The public hearing of the Anthony le ati appea of P arming Commission's
modification of use permit to allow an auto wracking yard located at 1855 Kusel Ib~ad,
identified as AP 36-27-38 $ 39 was held as advertised. Hearing opened to the
public. A letter from the lelati's requesting a continuance of this hearing due ro
the death of a parent was read. No one appeared either in opposition or in favor
of the use permit.
Hearing continued to Tuesday, March 23, 1976 at II:00 a.m.
Page 194.
March I6, 1976
~ n
March Id~197G
76,415 PUBLIC HEARING: GLENN C. KEITH-APPEAL OP PLANNING COMMISSION'S
DENIAL OF REZONING FROM "A-R" (AGRICULTURAL-RESIDENTIAL) TO
"AR-MH" (AGRICULTURAL-RESIDENTIAL MOBILE HOME) PROPERTY LOCATED ON
NORTH SIDE OF OLIVE HWY. ETC. OROVILLE: DENIED
7 pu is Baring on t e G eon C: Keit appeal of Planning
Commission's denial of rezoning from "A-R" (agricultural-residential) ro "AR-MH"
(agricultural-residential mobile home) property Located on the north side of
Olive Hwy., approximately ~ mile east of Foothill Blvd., comtcining 38 acres,
more or less, Oroville, was held as advertised. Jim Lawson, Planning Director,
set out the background of this hearing. Planning Commission recommended denial
of the rezoning.
Hearing opened ro the public. Appearing:
I. Mr. Glenn Keith, (4th Street, Thermaliro. Mr. Keith set
out his justification for the requested rezoning. lie did not Feel that the rezoning
would make any difference in the area.
2. Gary Quilic, 7 Linda Loma. Spoke in opposition ro the
rezoning. He explained the reasons for the opposition in this rezoning; he
said the County needs planned areas far growth. Areas should not be infer-woven
with permanent type homes and mobile homes. The City of Oroville has also
considered annexing this area to the City of Oroville and it was felt ihat there
should only be permanent type dwellings in the area.
3. Mr. Edwin Fry, No. 10 Linda Loma Drive. lie, also, spoke
in opposition. He said he resented the rernariCS:made by Mr. Keith about the
homes in the area being run-dawn. The Assessor has appraised his home for
a figure twice that that he had paid for it.
4. Dick Hobble, Linda Loma Drive. His property is adjacent
ro the property in question. He very strongly opposes the rezoning request.
5. Mr. Don Politovich, 12 Linda Loma Drive, spoke in
opposition.
6. Barbara Sonnenschine, Quincy Isbad. She spoke in opposition.
7. Robert Sherwood, $ Lindo Loma,.sp~:oke••in opposition.
8. Jean Robbie, 45 Linda Loma Drive, sroted she did root feel
her home was rundown as it is assessed at between $100,000 ro $125,000.
Mr. Keith spoke in rebuttal, stating that fhe Robbie home is
the best home in the area and it sets on about 7 or more acres. He again
requested the Board to give a right, fair and honest vote in this matter.
Mrs. f0~bert Graphs spoke in rebu#tal. She opposes the rezoning .
Hearing closed ro the public and confined to the Board.
On motion of Su~9e ~r,,Richter, seconded by Supervisor Madigan `"
March I6, 1976
~ ~,'"•
---------------M°-rchi6~ 1976-----------------
----------------------------------------
and carried, the Board upheld the Planning Commission's recommendation and
denied the rezoning.
AYES: Supervisors Ladd, Madigan, Richter and Chairman Cameron
ABSTAINING: Supervisor McKillop.
76-416 DISCUSSION: APPOINTMENTS TO HOUSING 8 COMMUNITY DEVELOPMENT
ADVISORY COMMITTEE
Appo ntments to Housing and Community Development Advisory
Committee discussed. Chairman Cameron said it had been suggested that there
be two appointments from each Supervisorial District. He offered two names from
his district: Joe person, Chico and Nevil Crosby, Paradise.
Supervisors Ladd and McKillop said they would have their
appointments next weak.
76,417 ADOPT RESOLUTION 76-60 REQUESTING ENACTMENT OF SENATE
BILL 1476 (COLLIER)
Dan B ackstock, County Counsel, stated this resolution concerns
legislation to keep salaries of justice court judges from reverting to two years ago.
Bill explained by Mr. Blackstock. This sets out the number of employees and
the salary to be paid to the employees as the salaries were adopted last June by
the Board in the salary ordinance.
Mr. $lackstock said he had a setter this morning from Marshal Bachand
asking far the attorney General's opinion regarding the free help with on-lob
training of students from the college. The number of employees are limited by
the Code. He is requesting a provision in this Legislation that is going through that
he can use as many of the contract students at Butte College as they would
deem fit in the work-training program. It wcrs felt the Board should have
Mr. Rackerby's comments on this request. Mr. Blackstock said the Board could
adopt th?s Resolution and send it forward, then discuss the matter of the use
of the students at a later date. It will take time for this legislation to go
through the Senate.
Resolution discussed.
On motion of Supervisor Madigan, seconded by Supervisor Richter
and unanimously carried, Resolution 76.60 requesting enactment of Senate $ill
1476 (Collier) was adopted and the Chairman authorized to sign.
76-418 DISCUSSION:CHARTERAMENDMENT
T e memoran um o un erstan ing ratified this; year with
the Employees' Association provides for the establishment of a standardized Merit
System. The initial step in implementing the Merit System is Fhe placing on
the June Ballot a charter amendment authorizing the establishment of the Merit
System. Supervisor McKTliop asked if the Board would have to study this matter.
Dan Blackstock, County Counsel, said he mould prepare an ordinance for consideration
next week and the Board rind have that time in which to study the amendment.
The charter amendment provisions would have to be advertised. If the Board were
. to adopt the ordinance next week, the Clerk could start the advertisement of
the ordinance and spread it out over a period of time. The actual Charter s
amendment has to be advertised .ten timesgnd the whole ordinance has to be
advertised five times. March 16, 1976
Poge 196
~', ~ti
Amendment and binding arbritration discussed. It was stated that
there is no provision for binding arbritration within this amendment. Mr. Rackerby
explained the rules that vwuld be set down in this matter. Assistants ro
department heads and ciscted officials discussed. If the County is going ro
exempt assistants, then this is an area that will have ro be discussed with the
Employees' Association. Appointment of the assistants discussed.
Matter put over one week.
76,419 LETTER AUTHORIZED TO BE WRITTEN OPPOSING APPLICATION FOR
LEGAL SERVICES: TO CONGRESSMAN '81ZZ"JOHNSON
On motion of Supervisor Madigan, seconded y Supervisor Ladd
and unanimously carried, a letter was instructed to be written ro Congressman
"Bizz"Johnson opposing the federal grant application by Butte County Legal
Services.
RECESS: The Board recessed at 3:25 for an executive session ro discuss litigation
and fora 'meet anc?~ confer"session.
RECONVENED: The Board reconvened at 4:35 fallowing an executive session.
Chairman Cameron said the Board had nothing to report on the
session.
76-420 AMICAS BRIEF TO BE FILED IN SUPPORT OF PLUMAS COUNTY
Discussion a regar ing i ins an Am cas Brie in support.of P.l~u~as
County.
It was determined by the Board that it has been done before in a number
of situations. Don Blackstock, County Counsel, suggested that one county prepare
an Amicas Brief and ask all other counties ro join. Supervisor Ladd suggested that
a letter be written ro the nine northern counties asking them to join, stating that
the cost vwuld not amount to very much.
On motion of Supervisor Madigan, seconded by Supervisor Richter and
uni~,eousiy carried, the Boarc! voted to have Dan Blacksrock write a letter ro the nine
northern counties requesting them to join in the Amicas Brief in support of Plumes
County.
76-421. DISCUSSION OF AB 1258
A discusstan o~ AB 1258 held at this time. It was felt that the
Administrative Officer thaF the Board should stay on top of it, suggesting that
the County send someone ro the meeting. The meeting is scheduled for March 19,
1976. AI Anderson, County Assessor, will nofi attend the meeting as he feels the
bill has merit. Administrative OfFicer will sendsa~meone ro the meeting.
RECESS: The Board recessed at 4:50 p.m. ro reconvene on Wednesday, March 17,1976
following the BCAG meeting.
March.. 17__1976
RECONVENED: The Board reconvened at 9;45 a.m. All Board members present.
Page 147.
March 16, 1976
~' ~"•
76-422 SUBDIVISION ORDINANCE DISCUSSION
A brief discussion was held relating to the raising of the
Subdivision Review fee to $25.00. Supervisor Richter felt that $25.00 was a
reasonable amount. This amount wauld.r::~ver the cost of an appeal. Chairman
Cameron felt that no one should have to pay $25.00 to file an appeal.
Supervisor McKillop felt that the process should be established now.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried, the Board voted that the subdivision review fee should be raised to
$25.00 and the ordinance should be amended to set out the new Fee.
AYES: Supervisors Madigan, McKlllop, Richter and Chairman Cameron
NOES: Supervisor Ladd
76-423 DISCUSSION OF THE SUBDIVISION REVIEW COMMITTEE A5 THE ADVISORY ~tGENC'
C ay Caste rry, Pu rc Wo s Director, state tat av ng t
Subdivision I~view Committee as the Advisory Agency would save the parcel maps
going through Planning and the Board. Supervisor Richter approved Mr. Castleberry's
suggestion. The Subdivision Committee as Advisory Agency would decide the appeals.
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
carried, the Board voted to have the Subdivision Review Committee as the
Advisory Agency. Supervisor Ladd abstained from voting on this motion.
76-424 DISCUSSION OF EXTENSION OF TIME LIMIT ON APPEALS
iscussion was d regarding t time imit r filing an appeal.
Chairman Cameron asked that the matter be clarified. Dan Blacksrock n:sponded
and set down the time limit and procedure of setting hearings. Mr. Biacksrock
felt that the Board should set the hearing dates in the stead of the Board Clerk,
stating that the Board would have control of its calendar. Chairman Cameron said
that the setting of the hearing dates by the Board Clerk was agreeable to him.
Mr. Castleberry said that the County should have it reviewed by people in the trade.
No action taken; matter continued to April 21, 1976 when the Board of Supervisors
will again meet with the Planning Commission, following the BCAG meeting.
76-425 DISCUSSION OF CODE BOOK DEFINITIONS, DESCRIPTIONS & POSSIBLE CHANGE
Dan B ac slot ,County Counse , read t roug t e Butte County Code
Book and explained the definitions and descriptions. Fle proposed possible changes
in the code, these to be discussed further at the meeting April 21. Discussion
of the Code brokeroff at page 46.
ADJOURNMENT:
T ere being nothing further before the Board at this time, the
meeting was adjourned at 12:05 to reconvene on Tuesday, March 23, 1976 at 9;00 a.m.
ATTEST: CLARK A. NELSON, COUNTY C/Lf~E~RK
BYr ~ ' JY
Board o Su isoro C er c C airman a t e Board '
Page 198.
March 171976