HomeMy WebLinkAboutM041674April 16, 1974
STATE OF CALIFORNIA )
)SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Cameron, Gilman, Ladd, McKillop and Chairman Madigan.
Clif Nickelson, Administrative Officer, Dan Blackstock, County Counsel and
Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk.
iNVOCATLON: Dan Immel, Pastor - First Christian Church, Chico
Pledge of allegiance to the flag of the United States of America.
74-558 APPROVAL OF NfiNUTE5
On motion of Supervisor McKillop, seconded by Supervisor Ladd and
unanimously carried, the minutes of April 9th, 1974 were approved as
mailed.
74-559 COMMUNICATIONS
Gina Filippin, Chico. Gina writes to thank the Board for the certificate of
/ OJ~~ O~ appreciation presented to her on her retirement. Information
only.
Phillip C. Houx, Chico. Mr. Houx as attorney for Tau Gamma Theta writes
/ 0 d, Z 7 regarding a publication in the Chico paper on April 2, 1974. Discussed.
County Counsel will follnw through with the filing of the proceedings.
Frank E. Kline, Magalia. A petition is submitted seeking relief from the
alleged situation existing among Magalia County Water District Board
/ O 0 • S 9 of Directors. Discussed. Referred to Grand Jury, with a copy to the
District Attorney and to Assessor to explain matter of the assessment.
The Pacific Telephone and Telegraph Company. TheCompany writes regarding
P ~ ~~~ Y inter-connections to telephone facilities and encloses Senate Resolution
No. 77 and proposed resolution for adoption by the Board of Supervisors.
Discussed. See motion following communications.
Far Northern Coordinating, Council on Mentai Retardation and Developmental
3~ ~.b O Disabilities, Inc, The Council requests each of the nine counties
served by the Far Northern Regional Center each contribute $100 per
year through their county budgets for operation of the Coordinating
Council. Discussed; referred to Administrative Officer to work with
Supervisor Gilman on the matter.
Butte County Housing Authority. The Housing Authority makes application for
revenue sharing funds. Discussed. Referred to Administrative
Officer to follow through with it and report back
Local Agency Formation Commission. The Commission files its resolutions as
follows: (1) Resolution No. 74-9 approving annexation to County
'~ Ss p,O ~ Service Area No. 47 (East and Gwynn drainage). (2) Resolution
No. 74-10 establishing maximum tax rate for County Service Area
No. 49 (lighting Paradise). Resolution 74-10 referred to Auditor
and Administrative Officer. 74-9 set for hearing on May 28th, 1974
at 2:00 p.m. See motion following communications.
Telegram. Harold T. (Biaz) Johnson, Congressman. Meeting scheduled for
9 a.m., April 18 at Los Molinos Veterans Hall to discuss all
tf / Z . ~ ~ aspects of recent erosion and flood problems created along Sacramento
River. Read and discussed, Chairman Madigan to attend meeting.
Mr. Nickelson stated he had received a call from Ray Johnson~s office
and he stated that a tentative meeting date was set for April 23rd,
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April l6, 1974
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in Sacramento, to discuss the problems along the Sacramento River,
and other related items. Supervisor Gilman was appointed to attend
this meeting in Sacramento.
Mrs. C. L. Harris. She writes concerning land being developed, stating she feels
~ that the developer should bear his full share of the on-site and. off-
~ 3,n site improvements necessary to serve the increased population resulting
from that land development. She also comments on archaeological
explorations. Read; no action taken.
State Department of Veterans Affairs, Division of Farm and Home Purchases.
They state they will take fee title to 100 acres of Harold J. Miller s
~ ~ 0, ?j 9 property under a Cal-Vet loan, said property being under the State
Land Conservation Act. They want to know whether this would constitute
a violation of the agreement with the County. Referred to County
Counsel for his study and consideration.
74-560 ADOPT RESOLUTTON 74-56 ADOPTING SENATE RESOLUTION 77 PASSED BY THE
CALIFORNIA STATE SENATE ON FEBRUARX 6, 1974
On motion of Supervisor McKillop, seconded by Supervisor Ladd and
unanimously carried, Resolution 74-56 which adapts Senate Resolution 77
passed by the California State Senate on February 6, 1474 which relates to an
investigation by the Public Utilities Commission of the State of Cali fornia
concerning the interconnection of miscellaneous customer provided devices to
the facilities of telephone utilities was adopted and the Chairman was
authorized to sign.
74-561 ADOPT RESOLUTION 74-57 OF INTENTION TO ANNEX TERRITORY TO COUNTY SERVICE
AREA N0. 47 CEAST AND GWYNN DRAINAGE): SETTING HEARING FOR MAY 28
On motion of Supervisor McKillop, seconded by Supervisor Gilman and
unanimously carried, Resolution 74-57 of intention to annex territory to County
Service Area No. 47 was adopted, May 28, 1974 at 2:00 p.m. set as time of the
hearing on said annexation and the Chairman was authorized to sign.
74-562 APPROVE BUTTE COLLEGE WORK STUDY PROGRAM CONTRACT
On motion of Supervisor McKillop, seconded by Supervisor Cameron and
unanimously carried, the Butte College work study program contract was approved
and the Chairman was authorized to sign. The Personnel Director was designated
as the County coordinator for the program.
74-563 APPROVE ADVANCE STEP HIRING: SUPERINTENDENT OF SCHOOLS OFFICE
The Superintendent of Schools has transferred an account clerk
from the Office of Migrant Education to a County position in his office.
The employee is currently an account clerk III, $553 per month. The County
position is an account-clerk II, starting salary $477 per month. It is
requested that this employee be transferred to an account clerk II position,
range 9.0, step C, $527 per month. Following a discussion of the request,
the following action was taken:
On motion of Supervisor Cameron, seconded by Supervisor McKillop
and unanimously carried, the transfer of the employee to an account clerk II
position, range 9.0, step C, $527 per month, was authorized.
74-564 ADOPT RESOLUTION 74-58 ESTABLISHING A SEVEN MEMBER MANPOWER PLANNING COUNCIL
Jim Rackerby, Personnel Director, reported that a resolution has
been prepared establishing a seven member manpower planning council pursuant t®
the requirements of the Comprehensive Employment and Training Act o£ 1973.
The council will serve as an advisory body to the Board of 5uperva.sors in
the area of manpower programs. Mr. Rackerby explained the setup of the
council. The Board of Supervisors would make the appointments to this
council. Establishment of the council discussed. Mr. Rackerby said the
Board should consider paying these people transportation costs and their out-
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April 16, 1974
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pf-pocket expenses.
On motion of Supervisor McKillop, seconded by Supervisor Ladd and
unanimously carried, Resolution 74-58 establishing a seven member manpower planning
council was adopted and the Chairman was authorized to sign.
74-565 APPROVE AWARD OF BID-COMUTER ROOM COOLING SYSTEM
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
unanimously carried, award of bid for air conditioning equipment was approved
for Westates Equipment Company in the amount of $7,610,76, including tax and
five-year warranty, £or the computer room cooling system.
74-566 REJECT BID ON HYDRAULIC HOIST FOR WEIGHTS AND MEASURES AND AUTHORIZED BdJRCHASE
OF SUBSTITUTE CRANE
The Purchasing Department reported that only one bid was received for
the hydraulic hoist for Weights and Measures and it exceeded budget by over
$2,000. A substitute has been located at less money which will still do the
job as necessary.
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
unanimously carried, Bid No. 68-74 for the hydraulic hoist for Weights and
Measures was rejected and purchase of substitute crane from Transport
Supply Company at the negotiated price of $5,465 plus sales tax was authorized.
74-557 AUTHORIZE CALL FOR BTD TRACTOR-MOWER: AUTHORIZE PURCKd~SE OF IBM SELECTRTC TYPEWRTTEF
On motion of Supervisor McKillop, seconded by Supervisor Ladd and
unanimously carried, the following action was taken:
1. Authorized call for bids for tractor-mower for the Building and
Grounds Department, opening date set for May 2, 1974 at 2:30 p.m. in the
Purchasing Office.
2. Authorized purchase of IBM Selectric typewriter under lease
purchase agreement at cost of $46.80 from Hospital Enterprise Fund, to be
transferred to the Health Care Agency when need for equipment is established.
74-568 WAIVE 120 DAY NOTICE AND ACCEPT NOTIG~ BY CITY OF GRIDLEY FOR RENEWAL OF THE
GRIBLEY SWIMMING POOL AGREEMENT, SERVICE AREA NO. 34
The City of Gridley last week wrote to the Board authorizing continuation
o£ the Olympic Swimming Pool Service Area No. 34 agreement dated May 13, 1969
for the period July 1, 1974 through June 30, 1975. The agreement provides for
renewal of the agreement on a year-by-year basis by written notice from the
City of such intention to renew and the County's acceptance thereof. Notice
from the City to be tendered at least 120 days before the end of the current
~aa~m. County may waive 120 day notice requirement.
On motion of Supervisor Ladd, seconded by Supervisor Giiman and
unanimously carried, the Board waived the 120 day notice and accepted the
notice by the City of Gridley for renewal of the agreement for the period
July 1, 1974 to June 30, 1975.
74-569 CHAIRMAN AUTHORIZED TO SIGN LETTER TO DIRECTOR OF DEPARTMENT OF HEALTH IN
OPPOSITION TO LICENSING FEE SCHEDULE FOR FOSTER CARE HOMES & NURSERY SCHOOLS
Last week the Butte County Foster Parent Association filed a petition
in opposition to a proposed schedule of fees for licensing such homes by the
State Department of Health. A letter was requested to be prepared for
consideration by the Board expressing ~aa~e osition. Letter discussed.
April 16, 1974
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Supervisor Cameron felt another sentence should be added to the letter that
would skate the County was not objecting to the bill per se, but that they
were objecting to the licensing structure. The County is not objecting to
the balance of the bill, only to the fees that they have set. The letter
should also include fees for foster homes, day care centers and nursery
schools. Letter discussed,
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
unanimously carried, the Chairman was authorized to sign the letter fo the
Director of the Department of Health in opposition to the licensing fee schedule
for foster care homes and nursery schools, with the amendment that the Board
ie not objecting to the bill per se, but to the licensing fee schedule only,
and to add "day care centers" to the letter, along with foster care homes
and nursery schools.
74-570 APPROVE POLICY ON REIMBURSEMENT FOR MEDICAL SERVICES IN LAW ENFORCEMENT
AND RELATED CIRCUMSTANCES
The Administrative Office has met with hospital administrators and
others concerned in this area for clarification and development of policies covering
the reimbursement for "custody/° cases. Full statement of policy was mailed
with the agenda to the Board members. Mr. Nickelson explained this item;
he recommends approval of the policy.
On motion of Supervisor McKillop, seconded by Supervisor Ladd and
unanimously carried, the Board approved the policy on reimbursement for
medical services in law enforcement and related circumstances.
74-57i BUDGET TRANSFERS APPROVED
Budget transfers discussed. Dan Blackstock, County Counsel, asked
if the transfer had been prepared concerning the retaining of appraisers for
the timber hearings; the transfer should be in the amount of $6,000.
Mr. Nickelson said this transfer would be presented to the Board next week.
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, the following budget transfers were approved:
B-100 District Attorney - $2,000 to office expense with $1,OW coming
£rom jury and witness fees, $500 from Board authorized
travel and $500 from other transportation and travel.
B-101 Auditor-Controller - $263 from Board authorized trips to
insurance general
B-102 District Attorney-000J Grant - $29,333 is set up in this
special grant budget under various accounts; funds
come,£rom.the following sources: Federal, $22,000;
State, $1,833; In Kind - Other Agencies, $847;
and Reserve for Contingencies, $4,653. This grant
establishes the legal advisor to law enforcement.
B-103 Department of Mental Health - $12,000 from salaries and wages
to support and care of persons
B-104 Administration - $700 from the reserve to office expense
8-105 Juvenile Hall - $7,242 from the reserve with $7,042 going to
extra help and $200 to overtime
B-lOb Probation - $2,000 from the reserve to office expense
8-107 Central Services $29.07 from other transportation and travel to
the equipment account.
B-108 Planning - $300 from special departmental expense to office
expense
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April 16, 1974
April 16, 1974
74-572 APPROVE MOTION OF INTENT TO EMPLOY LIBRARY CONSULTANT FOR PROPOSED
PARADISE LIBRARY CONSTRUCTION PROJECT
Mrs. Jo Terry, County Librarian, reported on the interview of library
consultants for the proposed Paradise Library construction project. The firm
of -6Eller & Ross were finally selected. It was the unanimous recommendation
of this committee that the Board consider the appointment of this firm as the
consultant for the proposed Paradise Library construction project. Mrs. Terry
stated there fee would be approximately $2,000, plus travel.
Mr. Castleberry said this fee was also reflected in the contract with
the architect for the building. His fee would be reduced in about the same
amount as he feels that a consultant would be helpful. Mr. Castleberry agreed
with Mrs. Terry, stating that the travel cost should be set at about $400.
Mr. Castleberry said he would bring back a formal contract for the Board's
approval, if the Board approves the recommendation in the selection of the firm
of Geller & Ross.
On motion of Supervisor Cameron, seconded by Supervisor McKillop and
unanimously carried, the Board approved a motion of intent to employ a library
consultant for the proposed Paradise library construction project, based on a
fee of '~ of 1% of the building cost, plus a ceiling of $400 for travel.
RECESS: 10:15
RECONVENED: 10:30
74-573 REPORT ON REGIONAL COUNCIL ON RURAL COUNTIES COMMUNICATION AND AB 2885
Howard Toussaint, county sanitarian, was present to report on the
Regional Council on Rural Counties Communication and AB 2885. Dan Blackatock,
County Counsel, stated that Che bill appears to be dead now. He read the
bill as it was proposed. Bill discussed. No action taken.
74-574 DISCUSSION: PROPOSID ORDINANCE FOR WATER WELL CONSTRUCTION STANDARDS
Howard Toussaint was present to discuss the proposed ordinance for
water well construction standards. He said he had met with the well drillers
and they have now prepared a revised ordinance. They would suggest that the
Board now consider this revised ordinance for adoption. Fees for well
drilling set out and discussed.
Mr. Phil Lorenz, from the Department of Water Resources, explained
the standards that were proposed, stating heat the State has recommended that
all eaunties adopt well standards. He said they have reviewed the County's
proposed ordinance and they feel that it is a good ordinance.
Fee set out for abandoned we1ls~Iiscussed. Time spent discussing the
possible elimination oaf fees for these abandoned wellso
Claude Willis, Forest Ranch, spoke concerning casings for the wells.
He feels that there are factors that should be considered in the matter of
licensing well drilling operators. Mr. Toussaint stated that there was nothing
in the groposed ordinance that states that a unlicensed driller cannot drill
a well. The property owner can hire anyone he wants to drill the well after
securing his permit.
Time spent discussing procedures to be followed. in securing a
permit to drill a well or reconstruct a well. It was suggested that the
ordinance take effect on July 1st, 1974, It was also suggested that the
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April 16, 1974
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ordinance be amended an line 1S, page 5, to state "or his authorized representative."
This would eliminate the situation of a stranger getting a permit to drill a
well.
Supervisor Gilman suggested that this ordinance be continued for
one week so that the facts that were brought up today could be looked at
very carefully. It was stated that the point brought up about repairs to
the wells should be very specific. Mr. Toussaint said the points would be
made as clear as possible in the ordinance.
Matter continued to April 30, 1974.
74-575 PUBLIC HEARING: STATE TV CABLE-RATE ASSESSMENT HEARING: ADOPT RESOLUTION 74=59
The public hearing on the State TV cable rate assessment was held
at this time as advertised. County Counsel stated that this hearing was
being held pursuant to law before making any changes in the TV cable franchise
in Chico. The action proposed is to bring the County's franchise into
conformance with the Chico franchise.
Hearing opened to the public. Appearing;
1. Edward Allan, Chairman of the Board of Directors of State
Cable TV. John Martin was also present to discuss this matter. Mr. Allan
stated that the rates in Chico have been modified. Rate changes set out
and discussed.
No one appeared in opposition.
Hearing closed to the public and confined to the Board,
On motion of Supervisor Cameron, seconded by Supervisor Gilman and
unanimously carried, Resolution 74-59, a resolution confirming modification of
rates for State Cable TV was adopted and the Chair man was authorized to sign.
74-576 OPENING OF BIAS ON SKYWAY PROJECT & SKYWAY A. D. PROJECT
Bids were opened in the Administration Office for the Skyway Project
and Skyway A. D. Project. Report will be given later in the meeting.
74-577 COMMUNITY ACTION AGENCY GOVERNING BOARD ITEMS: PROPOSED CHILD CARE
SERVICES, PROPOSAL FOR COMMUNITY GARDENS PROJECT, AND TRAVEL & MILEAGE ALLOWANCE
TAKEN OFF AT THIS TIME
Proposed Child Care Services, proposal for a community gardens project
and Chico area legal services proposal for a consumer advocate and travel and
mileage allowance items were taken off the agenda at this time.
74-578 APPEARANCE: JAMES IIANSEN OROVILLE
James Hansen, Oroville, spoke to the Board concerning several
items. He requested that the Board not give the people any more Federal
funding programs.
74-574 MRS. ERNIE ALBRECHT. YANKEE HILL
Mrs. Ernie Albrecht, Yankee Hill, asked if the Board members had
gone to Southern California to the meeting held on the Queen Mary. Supervisor
Gilman stated he had attended the meeting, and he will give the Board a report
on said meeting.
Page 426.
April 16, 1974
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Mrs. Albrecht also spoke to the problem of the Sheriff's drug
prescriptions. She feels that the costs are excessive and suggested that the
Board find out how these drugs are being dispensed. She said that at the
time the jail was built, a dispensary was built within the jail. She feels
that these prople should be taken care of on the premises rather than being
taken to the local hospitals.
Mrs. Albrecht also asked where the juveniles would be housed.
Matter of housing of juveniles discussed.
74-580 APPROVE RIGHT OF WAY ACQUISITION AGREEMENTS, SKYWAY & SKYWAY A. D. ~~1
On motion of Supervisor McKillop, seconded by Supervisor Gilman and
unanimously carried, the following agreements for sale for righiwf-way
acquisition were approved, the Chairman was authorized to sign and the,
Auditor was authorized to issue warrants upon demand of County's escrow
agent:
Skyway FAS 757(4) M. J. Corry et aI
Skyway A.D. ~kl M. Leideberger
0.041 ac $1,850 No Impro.
Total $1,850
Easement $ 188 Imgr. $125
Total $313
74-581 ACCEPT BID FOR CONSTRUCTION OF HAMILTON-NORD-CANA, MERIDIAN & CHICO RIVER ROADS
Clay Castleberry, Director of Public Works, reported on the bid opening
for the Hamilton-Nord-Cana, Meridian and Chico River roads. Bids were received
as follows:
Robinson Construction Co. $204,008.
North Valley Construction 223,139.50
Butte Creek Rock 171,720.
Teichert Construction Co. 186,362.
Mr. Castleberry recommended that the low bid be accepted and that a
transfer of $28,726 be approved.
On motion of Supervisor Giiman, seconded by Supervisor Ladd and
unanimously carried, the low bid of Teichert Construction Company for the
Hamilton-Nord-Cana, Meridian and Chico River roads project in the amount
of $186,362 was accepted and a transfer in the amount of $28,726 was authorized.
74-582 ACCEPT OFFER OF PARADISE MEMORIAL HALL ACOUSTICAL CEILING INSTALLATION
Mr. Castleberry reported on the offer for installation of the
Paradise Memorial Hall acoustical ceiling. He suggested that the Board
accept the offer of installation and t]p$t a letter of thanks be written to
the community thanking them for their offer.
On motion of Supervisor Cameron, seconded by Supervisor McKillop and
unanimously carried, the offer of members of the Paradise community to install
the acoustical. ceiling at the Paradise Memorial Hall was accepted, a Letter of
thanks was authorized to be written to them, subject to County Counsel's
clearance of County liability in the matter.
74-_5__83__REPgRT_ON PUC HEARINGS-GRADE SEPARATIONS MIDWAY AND BAGGETT-MARYSVILLE ROADS
Mr. Castleberry reported on the PUC hearings on grade separations for
Midway and Baggett-Marysville roads. He said they propose to proceed with some
preliminary engineering on the Midway crossing; he feels these crossings wilt
be under construction within a year and three months. Discussed; no action taken.
74-584 AUTHORIZE REFUND ON BELAIR SUBDIVISION iirTIT ~3 STORM DRAIN DEPOSIT CSA ~~2'
Mr. Castleberry reported that in 1958 and 1959, two deposits were
page 427. April 16, 1974
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accepted by the Board of Supervisors-one was for $6,450 and covered the
Belair Subdivision Unit ~~3, the other was for $3,900 and covered Almond
Ranch Subdivision for the purpose of guaranteeing the solution of drainage
problems relating to the subdivisions.
In 1964 these monies, totaling $10,350, were transferred into the
SUDAD Fund to help defray costs of that district. There is now remaining
in Chat fund the sum of $9,104.84 to be diskributed by this Board. Since
the drainage problems involving the subject subdivisions were solved by
creation of SUDAD, Mr. Castleberry recommended that the Board take action
to distribute the funds.
Request discussed. It was stated that now drainage deposits are
placed into interest bearing funds. These funds were not placed in such a
fund, The suggestion that the County exercise its right of eminent domain
to assist the developer in obtaining necessary right of way to install new
storm drainage lines discussed.
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
unanimously carried, the Board approved the refund of $6,450 deposit to the
Board of Supervisors with the understanding that the monies will be applied
to the cost of solving drainage problems being created by a contemplated new
subdivision adjacent to SUDAD; (2) authorized Country to exercise its right of
eminent domain to assist developer in obtaining necessary right of way to
install new storm drainage lines; and (3) authorized transferring remaining
$2,654.84 to the CSA ~~25 fund to be utilized koward enlargemenk of drainage
lines in the vicinity of Almond Ranch Subdivision. Aay remaining balance
Cherefrom would be used for normal maintenance and operation of the system,
74-585 REQUEST FOR WAIVING OF FEE: COHASSET COMMUNITY CLUB
Mr. Castleberry reported on the request of the Cohasset Community
Club to have the building permit fee waived. The Club is trying to get under
way with the building of an addition to the community fire station. They
are asking for Board's consideration of this request. Request discussed.
It was felt the Board should be consistent. The Board refused to waive the
fee for the Oroville Mission, also other requests have been denied.
Mr. Castleberry will convey the Board's feelings to the Club.
74-586 REPORT ON BIb RESUME ON SKYWAY PROJECT AND SKYWAY A. D._ PRO_JEC_T
Clay Castleberry, Director of Public Works, reported on the bids
received for the Skyway Project and the Skyway A.D. Project. The low
bid on the widening is more than the County has available for this project.
Public Works will come back to the Board with a plan so they can go ahead
with the project.
Bids discussed; no action taken.
74-587 APPROVE TENTATIVE PARCEL MAPS RECOMMENDED FOI~-PPROVAL AND ONE TENTATIVE
PARCEL MAP RECOMMENDED FOR APPROVAL AND REQUESTING AN EXCEPTION
Tentative parcel maps recommended for approval discussed. Supervisor
Gilman questioned Mr. Lawson concerning the map of Pacific Modern Homes, Inc.
4 lots, northeast corner Durham-Dayton Rd, & McAnarlin Ave „ Durham, This
map deleted from Board action at this time and Mr. Lawson will return after
lunch recess with the General Plan for that area.
On motion of Supervisor McKillop, seconded by Supervisor Gilman and
unanimously carried, the following tentativ creel maps recommended for approval
Page ~+2~.
April 16, 1974.
April. 1.61 1974- - - - ---------~s W
and the one tentative parcel map recommended for approval and requesting an
exception were approved, with the deletion of the Pacific Modern Homes, Inc.
map at this time, with the indication that negative Environmental Reports were
filed and that the maps are subject to the conditions of the Planning
Commission placed upon said maps:
Zonsd.$-1 Leslie A. Smith, AF 51-25-60, 2 lots, south-
. east side of Neal Rd., south of 5kyway,~
Paradise.
Pursuant to the requirements of Section 20.3 of the Butte County
Code, the tentative parcel map of the above property has bVen
reviewed by the Butte County Subdivision Committee and the
Planning Commission.
The Subdivision Committee and the Planning Commission recommends
approval of the tentative map, subject to the following conditions:
1. Deed to the County of Butte 30 ft. right-of-way measured from
the centerline of Neal Road.
2. Indicate a 50 ft. building setback line measured faom the
centerline of Neal Road.
3. Verify legal access to Parcel 2.
4. Indicate a 50 ft. building setback line measured from tine
centerline of the easement.
A Negative Declaration Regarding Environmental Impact has been
filed with the County Cleric on March 18, 1974.
Page 429.
April 16, 1974
Apri1_16,_1974 = _ ~ ~ ~ ~ ~ ~ - = _ ~ _ _
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Zoned R-1 Daniel D. Hegenbart, AP 51-04-58, 4 lots,
north side of Lincoln Ave., east of I~iyrtle
Ave., Paradise. Survzyor: John W. 'rIamby
Pursuant to the requirements of Section 20.3 of the 3utte County
Code, the tentative parcel map of the above property has b`en
reviewed by the Butte County Subdivision Committa~ and the
Planning Commission.
The Subdivision Committee and Planning Commission recommends
approval of the tentative mac, subject to the following conditions:
1. Verify legal access.
2. Provide traversable access.
3. indicate 50 ft. building se~aclc lines measured from tits center-
lines of the easement and Lincoln Drive.
4. IQO further division of this parcel until sity ft. of access is
provided.
A Negative Declaration Regarding Environmental Impact was 'filed
with the County Clerk on I~Iarch 1S, 1974.
. __- .April 16, 1974
Page 430.
74-588 WAIVE SECOND READING AND ADOPT ORDINANCE N0, 1446, AMENDING SECTION 6 of
ORDINANCE 475 AND REPEALING ORDINANCE 676
On motion of Supervisor McKillop, seconded by Supervisor Gilman and
unanimously carried, the Board waived the second reading of the ordinance and
adopted Ordinance No. 1446 amending Section 6 of Ordinance 475 and repealing
Ordinance 676, to correct inadvertent omission of introductory language of
said Section 6, specifying those uses for which a use permit is required in
"A-2" districts and the Chairman was authorized to sign.
74-589 ITEM OF INFORMATION: LETTER FROM JOYCE FORBERG REPRESENTING COHASSET
COMMUNITY REQUESTING EXTENSION OF TM-20 INTERIM ZONING
Jim Lawson, Planning Director, stated a letter had been received from
Joyce Forberg representing Cohasset Community requesting extension of TM-20
interim zoning. A hearing will be held this afternoon concerning this matter;
no action needed at this time.
RECESS: 12:00
RECONVENED: 2:00
74-590 PUBLIC HEARING: ZONING "TM-20" INTERIM ZONING FOR NORTHEAST PORTION OF THE
COUNTY
The public hearing on the "TM-20" interim zoning for northeast portion
of the County was held as advertised. Jim Lawson, Planning Director, summarized
the action of the Planning Commission in this matter. This area was placed
in the interim zoning to give the County time to study the area and the zoning
that should be placed in the areao He set out the areas that will be considered.
The Planning Commission recommended that this interim zoning be extended.
Hearing opened to the public at this time. Appearing:
1. Mr. John McAnary, representing the Clipper Mills area.
He read a letter from the Yuba Feather Businessmens Association. This
association strongly urges that the interim zoning be rescinded. He said
he owns property in the Clipper Mills area and he would like to place a mobile
home on the property. There are business buildings already on the property.
Mr. Lawson told him that standing parcels that have legal access would not be
affected by this zoning. He was told that he should discuss his problem with
the Planning Department; it was not involved with this hearing.
2. Mrs. Ernie Albrecht,. Yankee Hill. She asked why prospecting,
mining, etc, was included in this zoning, She said they have been working
a mine on their property; she was told that this would not be prohibited under
this ordinance.
3. Rolland Watterson, Clipper Mills. He stated that he has
400 acres and that it was purchased for the purpase of subdividing. He set
out his objections to the TM-20 zoning. He feels that before the County
enters into this type zoning, a thorough study should be made of the matter.
He requested that the Board delay the adoption of this ordinance until a
proper study and report has been made to the Board.
Supervisor McKillop stated that the TM-20 interim ordinance would
expire tomorrow; the property would then revert back to "A-2" zoning and
parcel maps can then be processed.
Mr. Watterson said the people in that area would like to have a study
Page 431.
April 16, 1974
made of the area and they would like the opportunity to make suggestions of
the type zoning that they would like for the area. They were told that they
would be given an opportunity to participate in the study of the Clipper
Mills area. Mr. Watterson requested that if the Board approves this
extension of the interim zoning that they except 350' on each side of the
highway.
4. Mr. Fred Wolfshleger, Lumpkin Road, stated he felt this
blanket zoning was unrealistic. He represents about 100 people in the
Craig-Mooretown area. They are agposed to this zoning.
5. Rudolph Shook, spoke in opposition to the zoning.
6. Mr. George McKinnon, Yuba-Marysville Businessmens Asso4iation.
He requested that the zoning be allowed to revert back to the original zoning.
7. Mr. Charles Adams, Clipper Mills. He would like to have his
70 acres eliminated from the zoning; he opposes the zoning at this time.
8. Ralph Whitely; spoke in opposition.
Hearing closed to the public and confined to the Board. Supervisor
NcKillop asked if the County would be in conformity with the General Plan if
they let this zoning drop, Mr. Blackstock explained the matter. He set out
his recommendation in the matter. He said Clipper Mills could revert back to
A-2 zoning.
it was felt that to allow the requested 350' along the highway for
the convenience of a few people would be discriminatory. Everyone should be
treated equally. Supervisor Gilman felt the County should go along with the
interim zoning. Supervisor Ladd felt that with the opinions expressed today,
the Board should not continue the interim zoning.
It was moved by Supervisor Gilman and seconded by Super'v'isor Madigan
that the "TM-20" interim zoning for the northeast portion of the County should
be extended for 90 days.
AYES: Supervisor Gilman and Chairman Madigan
NOES: Supervisors Cameron, Ladd and McRillop
MOTION FAILED
74°591 PUBLIC HEARING: INTENTION TO ANNE% TERRITORY TO COUNTY SERVICE AREA N0. ~+
ADOPT RESOLUTION 74-b0 APPROVING SAID ANNEXATION OF PROPERTY
The public hearing on the intention to annex territory to County
Service Area No. 4 was held as advertised. Clif Nickelson, Administrative
Officer, explained the request for the annexation; it was made by James W.
Scales.
Hearing opened to the public at this time. Appearing in favor:
no one. Appearing in opposition: no one. Hearing closed to the public
and confined to the Board.
On motion of Supervisor Gilman, seconded by Supervisor Cameron and
unanimously carried, Resolution 74-60 annexing territory to County Service
Area No. 4 was adopted and theChairman was authorized to sign.
RECESS: 3:40
Page 432.
April 16, 1974
-- _~A~ri1~16,W1974~~=~~__~~~~~3~_
RECONVENED: 3:50
74-592 PUBLIC HEARING: APPEAL OF MARIE HOPKINS, GRANTING USE PERI~ffT TO PARADISE
CEMETERY DTSTRICT FOR A CEMETERY: APPROVAL OF TENTATIVE:^,PAItCEL MAP FOR ALBERT C.
AND MARJORIE LUM: ADOPTION OF ENVIRONMENTAL IMPACT REPORT FOR.TWO PRO.7ECTS
The public hearing on the appeal of Marie Hopkins was held as advertised
on the following:
(a} Planning Commission granting use permit to Paradise Cemetery
District for a cemetery, south. side of Roe Road.
(b} Approval of tentative parcel map forAlbert C. and Marjorie Lum.
(c} Adoption of environmental impact report for the two above projects.
Mr. Lawson summarized the action of the Planning Commission, setting
out the background of this matter. He said the appeal is actually on the
use permit. The environmental impact report was written on the basis of
the tentative parcel map, and was certified. The use permit was approved
by the Planning Commission on a vote of 6 in favor and ~ in opposition. One
Planning Commissioner was absent.
The appeal on the environmental impact deport was held at this time.
Supervisor Gilman asked if this was a proposed phase action-was it the intent
of the cemetery district to use a portion of the parcel at this time, He was
told that this was the intent of the district.
At this time theBoard considered the environmental impact report,
The Board members had received copies of the report which was written by the
Planning Director.
Hearing opened to the public at this time to consider the environmental
impact report.
Appearing:
1. Mrs. Marie Hopkins. She said she was speaking for a
group o£ people in that area. They have hired a firm to make their own
environmental impact report. She explained the area and the property involved.
2. Mr. Ray Leonard, attorney at Iaw, representing Mr, and
Mrs. Albert Lum, sellers of the property. He set out errors within the
report filed by Mrs. Hopkins group. He requested that theBoard adopt the
report filed by the Planning Commission. The use of this Iand as a cemetery
falls into the better use of this property.
3. Mrs. Priscilla Hanford, Planning Commissioner, commented
on the Environmental Impact Report; the Planning Commission felt that it did provide
them with sufficient evidence.
4. Mrs. Hopkins spoke in rebuttal.
5. Mr. Harry Henry, Superintendent of Paradise Cemetery District,
commented on the use of the land and stated that Che District would not strip
the property of its present trees. He said they did not have a definite plan
as to where the plots would be placed at this time.
Hearing closed to the public and confined to theBoard.
Supervisor Cameron stated he had walked over the property and he did not feel
Page 433.
April 16, 1974
April=16 ,1974 = ~ _ _ ~ ~ ` _
that the property was too steep for a cemetery; the property seems like a
fairly gentle slope. Supervisor Gilman said he has been reviewing the EIR and
he feels that it does cover every conceivable aspect of the matter.
On motion of Supervisor Gilman, seconded by Supervisor Cameron and
unanimously carried, the Environmental impact report far the use permit to
Paradise Cemetery District for a cemetery, south side of Roe Road and the
tentative parcel map for Albert C. and Marjorie Lum was adopted.
At this time the Board considered the Planning Commission's granting
of the use permit to Paradise Cemetery District for a cemetery and the
approval of the tentative parcel map for Albert C. and Marjorie Lum. The
parcel map was recommended for approval with 5 conditions; conditions read by
Mr. Lawson.
no one.
Hearing opened to the public on the approval of the parcel map. Appearing:
Hearing closed an3 confined to theBoard. Supervisor Gilman questioned
the uses of the parcels of the map. Ed Parker of Paradise stated that the
property had already been parceled into four parcels; this was merely a
re-parceling of the property. At this time the cemetery district was purchasing
Parcel "A".
On motion of Supervisor McKillop, seconded by Supervisor Cameron and
unanimously carried, the parcel map of Albert C. & Marjorie Lum, AP 55-02-33,
AP 55-04-10 & II, located on the south side of Roe Road, east of Wilson:Lane,
Paradise, was approved with the following conditions:
~~d ~® it;. ~'~ght-d~-s~~~ to ~Ys¢~ Covaaty of $utt~ 3n~~~ur®d ~rgcn
~~ cesrat~r,;i~~a e~~ R;a~ ~o~~ .
~,., .~r~.c~t~ Sin fit, bea~~elin~~ ~e~aae~k ~,.iss~~ ~~d ~~»aa this csnt~~-
~.j,a~® caf ~g~ Ro~s~,
~. ~'~ 60 ~~. ®~' a~~®~s ~t3 the right ~® u~~.
~~ ~ _ ~l~oYa ~a0 fit. bi~is~ ~~~~t:k ~,~n~~ aa~~su~ ~~ ~~ c®nt~~c-
].Zr~~~ of ~,~.~. ~~qh'~-o~-aa~ye
Hea:'e.ng on the appeal of the granting of the use permit to
Paradise Cemetery District for a cemetery held at this time. Planning Commission
approved the use permit subject to five conditions. Conditions read and
discussed.
Hearing opened to the public. Appearing:
1. Mr. Alfred Gilkes, Roe Road. He read a letter written
by his son in protest of the granting of the use permit.
2, Paul Davis, appearing in opposition to the granting of
the use permit.
3. Jim Neb, in opposition. He questioned the right of the
cemetery district to have an ootion on the other three parcels of property.
County Counsel stated that this is not at question at this time. The Board
is not considering whether the cemetery district made a good buy or whether
it is in compliance with the uses of the area.
Page 434.
April 16, 1974
-_______~ W ==W ~==A~ri.l=16,1974========>>Q=====
4. Mrs. Marie Steinegger, member of the cemetery board. She stated
they have tried to find available land for the cemetery for years and this is
the first land that they have been able to secure that would serve their
purpose.
5. Mr. Carl Auckland, Wilson Way, appearing in opposition.
6. Mrs. Ernie Albrecht, Yankee Hill, appearing in favor.
7. Mrs. Marie Hopkins, appearing in opposition,
8. Ray Leonard, appearing for the Lums, spoke in favor of the
use permito
9. Mrs. Rosalind Davis, Jarvis Lane. She appeared in opposition.
Hearing closed to the public and confined to the Board.
Time spent discussing the granting of the use permito Supervisor
Ladd set out his feelings regarding this use. Supervisor McKillop asked
questions concerning the cost of the property and how it would affect the
taxpayers in the district. Mrs. Steinegger stated that this purchase would
not raise the tax rate. They have set aside money for the purchase of the
property.
On motion of Supervisor Gameron, seconded by Supervisor Gilman
and unanimously carried, the Board sustained the action of the Planning
Commission and approved the use germit to paradise Cemetery District far a
cemetery, south side of Roe Road, subject to the following conditions:
I. Deed 30 ft, of right-of-way to the County of Butte measured from
the centerline of Roe Road.
2. A 50 ft. building setback line measured from the centerline of Roe
Road shall be observed.
3. Requirements of the Butte County Health Dept. and Regional Water
Quality Control.
4. Subject to the requirements of the paradise Fire Protection Aistrict.
5. A 20 ft. buffer strip around the perimeter of the site to be
landscaped with bushes, trees, shrubs-including native vegetation,
or any combination thereof, and maintained in a living and attractive
condition.'
74-593 PUT OVER ONE WEEK: ORAINANCE AMENAING CORE RE JUNK DEALERS LICENSE
The proposed ordinance amending code re junk dealers license was
put over one week.
74-594 APPEARANCE OF MR. CASAGRANDE, PRESENTATION OF RESOLUTION CONCERNING COMPLIANCE
WITH AB 1305 EFFECTIVE JANUARY 1, 1974
ADOPT RESOLUTION 74-bi APPROVING JOINT POWERS AGREEMENT
Howard Casagrande presented a resolution concerning compliance with
AB 1306 which was effective January 1, 1974. This concerns the agproval of
the joint powers agreement. He said he was also appearing concerning the
guidelines as laid down by the LLLAo
County Counsel said he sees no problem with the joint powers
agreements. Mr, Casagrande stated that at the present time CCCJ was operating
as an unincorporated association. Joint powers agreement discussed. It was
stated that this is being presented in compliance with the new State law.
Time spent discussing the criminal justice system. It was stated that
the Region CCCJ would be an advisory board when all the entities have completed
the joint powers agreement.
On motion of Supervisor Gilman, seconded by Supervisor Cameron and
unanimously carried, Resolution 74-61 approving the joint powers agreement for
CCCJ was adopted and the Chairman wa~sagaet~i~~ized to sign. April 16, 1974
Apri116= 1974=~==~__~~__~__~__
74-595 APPROVE STATEMENT THAT COUNTX IS MEETING EQUAL EMPLOYMENT OPPORTUNITX GUIDELINES
Mr. Casagrande.stated that the other item he desired action on was a
certified statement that the affirmative action program complies with the
guidelines. Jim Rackerby, personnel director, stated he felt that it has been
determined that the affirmative action program does comply. Mre Rackerby
said the County had adopted the affirmative action program; it has been
submitted to the State and Federal Governments; the plan has been implimented.
Mr. Rackerby said he is fully convinced that Butte County is complying with the
Civil Rights Act in ail ways.
The rules and regulations set out by the Justice Department discussed
at this time. Mr. Rackerby stated there are certain elements of risk in this
matter; he explained how this program could be handled, He felt the document
could be signed that the County is in conformity. This matter has been discussed
by Mr. Rackerby and Mr. Casagrande and they feel that the County is in compliance
with the Civil Rights Act, but they realize that there is a risko There should
by an understanding by this Board what the risk could be. In order to expand
this, they would have to have access to the data processing department, and
would have to have a clerk that could go out and collect the data. The
purpose of the Federal law of validating tests explained.
Mr. Casagrande said he was inclined to think that there is no big
problem in agreeing that the affirmative action plan does comply.
Mr. Rackerby set out the statement that is requested to be signed.
He said the statement could be amended to incorporate the following into the
statement: "Butte County has implemented an Affirmative Action Plan and
Equal Employment Opportunity Program which complies with the Federal Civil Rights
Act as amended and the applicable rules and regulations of the Equal Employment
Opportunity Commission. Information in addition to this required under the County
Affirmative Action Plan and that as required by the Equal Employment Opp. Commission.
on Form EH9~4 a~a/ be's®mpleted upon request"of :officials of the California Council
on Criminal Justiceranct.LEAA: " _. ,..
.. Statement and amendment discussed.
On motion of Supervisor McKillop, seconded by Supervisor Gilman and
unanimously carried, the certificate stating that the County is meeting the
equal employmenC opportunity guidelines was approved, with the incorporation
of the statement suggested by the personnel director, and the Chairman was
authorized to sign.
ONE
74-596 PACIFIC MODERN HOMES TNC. TENTATIVE MAP PUT OVER/WEEK
Supervisor Gilman questioned Mr. Lawson about the Pacific Modern
Homes, Inc. tentative parcel map. This property is in an agriculture area,
and it is zoned S-2. Mr. Lawson will take the map back to the Planning
Commission Thursday night. Matter put over one week.
74-597 DISCUSSION: PAYMENTS TO VETERANS
Payments to ~eteraus ~tiile attending school discussed, Background
of the matter set out, Senators have been contacted concerning payment
being held up to these veterans. Matter discussed; no action taken,
ADJOURNMENT:
There being nothing further before the Board at this time, the meeting
was adjourned at 6:00 p.m, to reconvene on Tuesday, April 23 974 at 5:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK 1
By' Page 436. airman of the Bo
Board of u ervisors Clerk April 16, 1974