HomeMy WebLinkAboutM042275~~. ~ ~
April Z2, 1975
57'ATE OF CALIFORNIA )
S5.
COUNTY OF BUTTE )
The Board of Supervisors met at 8:00 e.m. pursuant Co adjournment.
Present: Supervisors Cameron, Madigea, McRillop, Richter and Chairman Ladd.
Clif Nickelson, Administrative Officer; Dan Blacketock, County Counsel,
and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors'
Clerk.
Pledge of allegiance to the Flag of the United States of America.
75-694 APP80GAL OF MINUTES
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, the minutes of April 15 & 15, 1975 were approved
as mailed.
75-695 COPII+lUNLCATI0N5
Appeals filed on Skyway Assessment District No. 1. (1) R. A. Schott;
(2) Arthur R. Lull (3) Frank Sterle; (4) Mrs. Mildred Bianco;
and (5) Dewey R. Matteis. To be discussed at 11:00 during
the continuation of the hearing.
Robert F, Rabe, Palermo. Mr. Rabe submits his resignation from the Palermo
6 ~ sG d Community Center Governing Board, and recommends that the Board
accept member selected by the Committee. Discussed; see motion
following communication.
Palermo Community Center. Lillian E. Brown, secretary, states that
Mr. Robert Rabe has submitted his resignation and that Mr. Frank
(e 3 $; O ~ Myers has submitted s verbal resignation. They request appointment
of Mrs. Nona Potes to replace Mr. Rabe and Mrs. Jessica Lee to
replace Mr. Myers. Action put over ane week.
Goldstein, Barceloux ~ Goldstein. Notice of proceedings is filed on
~ G d .Z ~ behalf o£ Aiken & Fairbanks Inc. vs S & H Engineering, and
County of Butte. Referred to County Counsel.
Downey, Brand, Seymour & Rohwer, Sacramento. Attorneys write regarding
clarification of a condition imposed on use permit issued to
/ ~ 3•n O Luhr Bros, Lnc. Discussed. Discussed condition concerning flying
rock. They wilt stop traffic and notify people of blasting. No action.
Work Training Center for the Handicapped, Lnc. Mr. McLaughlin, executive
director, inquires as to the Board policy in use of revenue sharing
~ G Z . Z.~ monies particularly with respect to Funding of social service
program. Supervisor Cameron suggested that the County secure a copy
o£ Sea Diego's study of the social programs. Discussed; no action taken.
Local Agency Formation Commission. Commission files its Resolution No. 75-5
C ,~ ~ diaepproving the proposal for establishment of County Service
7 3 Area No. 5Z (Community Water Service). Information; no action
required.
Local Agency Formation Commission. The Commission files Resolution No. 75-6
-7 7~ p ,O O approving the establishment of County Service Area No. 53 (Fire Protection),
County Counsel will prepare request for two Board members to sign.
Feather River Recreation ~ Park District. The District forwards a copy
of its Resolution No. 172 reaffirming Diatrict~s position with
S ~ Q.d ~ regard to exchange or safe of property within the boundaries of the
proposed Feather River Enhancement Project. Discussed; ao action
taken.
Page 265.
April 22, 1475
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Butte College. Dolan Drone, instructor agriculturYl sciences, writes in
support of the proposed formation of a Butte County Soil Conservation
0 ~'~ 1 District. Information.
County of Ventura. The County forwards copy of Resolution No. 1 of the
~ 40'0 5 and provisionJofymedicaltservicestto indigenttillegalaaliensns
Action has already been taken on this matter.
Northern California County Supervisors Association. Norman A. Wagoner,
0 secretary-treasurer, sends copy of his presentation at the
~ 0 d•~° orientation session for U. S. Forest Service employees at Lake
Arrowhead oa Msrch 12th. Information only.
~CounCy Supervisors Association of California. The Association writes
/ G 0 ,to regarding the 1975 NACO dues increase. Discussed. CSAC to caasider
this at next meeting of Board of Directors. No action taken.
County Supervisors Association of California. The Association writes
~ regarding health service areas which were recommended to the
d4•~~ Governor under PL 93-641. Supervisor Cameron explained this matter.
There will be a meeting in Sacramento Hap 9th to discuss situation.
Veterans Employment Service - Department of Labor. Department forwards
~ p Copy of proclamation entitled "Hire the Veteran Week Proclamation"
6 0- and asks for its adoption. Discussed; Administrative Officer
will answer letter and inform them of the Board's policy conceraiag
designation of specific weeks or days.
Butte County Mosquito Abatement District. They inform the Board that the
District has filed suit against Che Environmental Protection Agency
~ 0 0's~ over the denial of the use of small quantities of DDT to control
Tree Hole mosquitos. Read and discussed. County Counsel will
follow through oa the matter.
Letters of protest regarding the Skyway Assessment District No. 1.
Tea letters were received from property owners protesting the
assessments in this district.
75-696 REPORT BY COUNTX COUNSEL CONCERNZNG MOTIONS CONCERNING EIR's AND
FINDINGS RELATING TO LAND DIVISIONS OR SUBDIVISIONS
Dan Blackatock, County Counsel, brought up the matter of ednutes
regarding technicalities of motions that relate to land divisions and
subdivisions. He explained the problem of findings that are required
to be considered, also environmental impact reports that should be
considered. He net out how the findings could be considered; he said
he could rough out possible motions or procedures to be followed in the
motions approving subdivisions or land division maps. The Board could
give a notice of a intended decision. He could prepare the findings and
they could be adopted at the following meeting. He suggested that the
Planning Director be direcked to send the Board members copies of the
EIR's a week ahead of time and give a short breakdown on the EIRa
that have ndveree environmental impacts.
Supervisor Madigan stated he had discussed the matter with
Mr. Nickelson lest week and it was felt that the findings should be
considered during the discussion of the maps. The motion should be
read is the legal manner so that the Board would be complying with
the legal technicalities involved.
Matter referred to County Counsel, Administrative Officer sad
Planning Director to work out the proper grocedure to follow. It was
suggested that the Planning Director prepare recaps of anp adverse
a€fect the matter might have on the communitq.
Page 266.
April 22, 1975
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Supervisor Madigan stated that at the Planning Coo~iesion meeting
there was some question concerning three permits that had expired. He
asked who should be required to give notice. There should be some
procedure that should be followed. People are entitled to notice.
Discussed the preparation of a form letter that could be seat to the
applicants about 30 days priar to expiration date of the permit.
Punning Commission will work out a procedure.
75-697 SUPERVI50R CAMERON'S COMMENTS CONCERNING PREPARATION OF EIRs
Supervisor Cameron stated he has received many telephone calls
concerning the misunderstanding of the action taken of the study of
teas where EIRs would be prepared. He feels that this shauld state that
there would he a study of the areas rather than merely the preparation
of the EIR. Se feels the Board's action should be rescinded and the action
clarified.
Supervisor McKillop explained his thinking concerning the study
of the North Chico area and the Swede'aFlat area and the preparation o£
the EIR.
The information gaChered in the study of the problem areas would
be available to the ocher people in the area that are going to develop.
Areas to be studied discussed.
Mr. Blackstock will research the matter and will bring it back
later in the day for Board consideration.
75-698 ACCEPT RESIGNATION OF ROBERT BABE. PALERMO CDMMUNITY CENTER GOVERNING B
On motion of Supervisor McRillop, seconded by Supervisor Cameron and
unanimously carried, the resignation of Robert F. Rabe fram the Palermo
Community Center Governing Board was accepted.
Bi11 Lawrence, County Auditor, reported on the first progress claim
for Thermalito Irrigation District.
On motion of Supervisor McKl.llop, seconded by Supervisor Madigan
and unanimously carried, the Board approved the first progress claim
of Thermaiito Irrigation District in the amount of $56,490.62, subject
to the Auditor, and theChairman was authorized to sign.
75-700 APPROVE GRANT MODIFIGATION. CETA TITLE I
Jim Rackerby, Personnel Director, stated that a grant application
has been prepared for CETA Title I fiscal year 1975-76. This application
includes the planning figure of $686,908 released by the Department of
Labor and anticipates some carrgover of fiscal year 1974-75 funds. The
Manpower Planning Council recommends adoption of this plan. The Department
of Labor requests that the application be handled at this time. The
Planning Council met lasC week and approved the plan. Mr. Rackerby said
he hoped that prior to the summer, there will be additional funding.
Application discussed.
On motion of Supervisor McRillop, seconded by Supervisor Madigan
and unanimously carried, the grant modification was approved and the
Chairman was authorized to sign.
75-70i APPROVE LETTER T4 DEPT. OF LABOR CONCERNING DIFFICULTY COUNTY FACES
IN PLANNING AND OVERALL TITLE I PROGRAM
Mr. Rackerby stated that the Manvawex Planning Council recommends
the Board send a letter to the DeparCment of Labor coacerniag the
Page 267 April 22, 1975
e ~ ~ o e n a .~ . ~ . ~ . ~ &r:1:2.,'175 . e ~ ~ ~ ~ a ..~ o
difficulty the County faces in planning and overall Title I Program due
to the federal Evading methods. He said the Federal representative has
stressed the need to spend the money as soon as possible.
Letter discussed.
On motion of Supervisor Madigan, seconded by Supervisor Cameron and
unanimously carried, the letter to the Department of Labor was approved,
with the correction of the change of "Ray Johnson" to "Harold Johnson" and
the Chairman was authorized to sign.
75-702 GESTETNER DUPLICATOR DECLARID SURPLUS PROPERTY
The Farm Advisor requests the Board to declare a Gestetaer
Duplicator, purchased in 1963 and replaced with other equipment, as
surplus. District Attorney requests that a Dictaphone Transcriber,
inventory number Ob049, a Dictaphone•Time-master Dictator, inventory
number 06050, a Dictaphone Aictator, lnventory number 06051, a Dictaphone
Time-master Transcriber, inventory number 05052 surplus as these items
are obsolete. These have been checked with Purchasing and thep are considered
old and of no further use is the County. Supervisor Cameron requested
Mr. Nickelson to check to determine i# there are any of the Dictaphone
items that are woth repairing so he could use it. Mr. Lawrence, County
Auditor, stated that he has a net that Supervisor Cameron could use.
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, the following items were declared surplus
property sad the Purchasing Officer was authorized to dispose of the
same:
1. Gestetaer Duplicator
2. Diataphone Transcriber, inventory number 06049
3. Metaphone-rime-master Dictator, inventory number 06050
4. Dictaphone Dictator, inventory number 06051
5. Dictaphone Time-master Transcriber, inventory number 06052
75-703 DISCUSSION: BUDGET TRANSFERS
Clif Nickelson, Administrative Officer, eycplaiaed the budget transfers.
Chairman Ladd had a question oa the Clerk's request regarding travel.
This involved several of the personnel attending a meeting. He felt that
there should be a request for this type travel. No action at this time;
Mr. Nickelson will discuss the request with Nr. Nelson.
75-704 DISCUSSION: HEALTH AGENCY DIRECTOR REQUEST FOR BOARD ACTION TO IMPLEMENT
RECOMMENDATIONS MADE IN ADDENDUM TO_REPORT OF APRIL 15, 1975
Recommendations of the Health Agency Birector read by Chairman Ladd.
Supervisor Cameron said that at this point he is not ready to accept the
concept of one agency. He would like to talk to other agencies to nee
i€ this would cause a problem. Mr. Lawrence stated they have prepared
one budget for this operation; Dr. Maguire concurred with the concept of
one agency. County Auditor and Administrative Officer will study the request
and see if there will be any adverse affects in the area of the action
requested.
Request put over one week.
75-705 DISCUSSION: REQlTEST FOR_PURCHASE OF SUBCCTlFACT AUTOMOBILE FOR TREASU~iER'S OFF.
Mr. Morton h•as authorized s collector in his office and this person
must spend approximately 50~ of this time is outside collection work. Much
of this time being spent on unsecured delinquent taxes. He requests
Page 268.
April 22, 1975
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a s s s s a s o s s s s s i ~urols2'G~sli7i~. r s s s s s s s s s s s: s
authorization to purchase a subcompact automobile for transportation far
this person at a cost of approximately $3,700 from savings is hie salary
account due to position being vacated. Thin person is already on Che
road and he wants to make the purchase at the present time rather than
wait for budgetary approval next year. Price of the cars discussed.
Discussed what kind of experience fe being received on collecting these
bills. It was fe1C that maybe there should be a report on the amount
of funds he is collecting prior to authorisation being granted for the
purchase of the car. Mr. Nickelson will contact Mr. Morton and request
that he appear before the Board and report oa this matter.
75-70fi APPROVE VEST FOR CONSTRUCTION OF THREE SMALL BOOKSHELVES IN AUDITOR'S OFF.
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
unanimously carried, authorization wes granted fox the construction of
three small bookshelves in the Auditor's Office.
75-707 GRANT APPROVAL OF FUND TRANSFER FOR EL MEDIO ~ PARADISE FIRE PROTECTION
DISTRICTS TO ACCOMPLISH SALE$ TAR SUBVENTION AND APPROVE RHQUEST TO.FILE
"LETTER OF PROTEST" WITH DEPARTMENT OF WATER RESOURCES
On motion of Supervisor McKillop, seconded by Supervisor Cameron and
unanimously carried, the following action was taken:
1. Approved fund transfer to accomplish sales tax subvention to
E1 Medio and Paradise Fire Protection Districts as requested by County
Auditor.
2. Approved request to file "letter of protest" with Department of
Water Resources regarding payment of 1975 water purchases, ens requested by
County Auditor.
75-708 AUTHORIZE AUDITOR TO ACCEPT SETTLEN~iT OF ANTITRUST DRUG SUIT ~
TO APPLY PROCEEDS TOWARD HOSPITAL FUND LOANS PAYABLE TO COUNTY GENERAL FUND
Bill Lawrence, County Auditor, reported on the settlement of antitrust
drug suit and requested authorization to apply proceeds toward Hospital
Fund loans payable to County General Fund. Action discussed.
Oa motion of Supervisor NeKillop, seconded by Supervisor Cameron
and unanimously carried, County Auditor was authorized to accept the
settlement of antitrust drug suit and to apply the proceeds in the amount
of $20,673.67 toward Hospital Fund loans payable to County General Fund.
75-709 APPROVE FINAL GIASE OUT OF HOSPITAL ENTERPRISE FUND ACCOUNTS
Mr. Lawrence presented a memo to the Board members concerning
the final close out of the Hospital Enterprise fund accounts. Memo
read and discussed.
On motion of Supervisor Madigan, seconded by SupervisorMeKillop
and unanimously carried, the Board accepted the zecommeadation of County
Auditor, Bill Lawrence, and accepted the outeteading Hospital accounts
receivable and the value of other Hospital assets as full and final
settlement of the Hospital loan account and authorized Mr. Atkins and
Mr. Morton, subject to approval of County Counsel and the Auditor-
Coatroller, to out-right cancel all unpaid accounts that fall into the
following categories:
1. Balances of Medicare/Medi-Cal accounts for which no further
legal efforts to collect can be pursued.
Page 269.
April 22, 1975
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2. Balances of accounts on which the Statutes of Limitation
has expired and on which no waiver of the Statutes of Limitation
was obtained,
3. Balances of accounts of deceased persons who do not leave
su€ficient estates to effect any recovery.
4. Balances of accounts of known bankrupts from whom no further
recovery can be accomplished.
5. Balances of accounts oa which a waiver of the Statutes of
Limitation was obtained but the whereabouts of the person is
unknown and no recovery has been accomplished for a period
of 5 years or more.
6. Balances of accounts that were billed to an improper party or
agency and on which no collection success has been had for a
period of 5 years or more.
7. Balances of accounts resulting from apparent clerical errors.
8. Balances of other accounts on which no collections can be
accomplished and can be legally cancelled.
75-710 REPORT ON DIFFICULTIES BEING ENCOUNTERID WITH OFFICE OF CR~TUaT• JUSTICE
PLANNING OVER SETTLEMENT OF NARCOTICS TASK FORCE GRANT ENDING JAN. 3I, 1975;
AUDITOR INSTRUCTID TO PREPARE A GBANT HODIFICATION
Mr. Lawrence reported on difficulties being encountered with Office of
Criminal Justice Planning over settlement of Narcotics Task Force Grant
ending January 31, 1975. Mr. Lawrence gave the background of the grant
and how the monies had been expended. He stated that the County has
executed a formal agreement with OCJP to share costa of the grant program
on a line item basis, and that any attempt to unilaterally change the
terms of that agreement is without legal substance and should net be
accepted by the County. 1Le feels this is Something the County should stead
on and pursue at this time. It is essential that a grant budget modification
be submitted is order to release funds for the February-June grant period.
Mr. Lawrence requested that the Board instruct him to prepare a grant
modification based on the finalised grant expenditures, utilising the line
item cost sharing ratios, and bring it back to the Board for approval on
April 29th. Request discussed.
On motion of Supervisor Madigan, seconded by Supervisar McKillop
and unanimously carried, County Auditor was instructed to prepare a grant
modification based on the finalised grant expenditures, utilising the
line item cost sharing ratios, and to bring it back to the Board for
approval on April 29, 1975; also instructed him to reject the "total
cost concept" effort of OCJP and directed County Counsel to assist
the Auditor in resolving the issue with OCJP and LEAA.
75-711 AUTHORIZE PURCHASE OF SUBOOMPACT_AUTOMDBILE FOR TREASURER'S OFFICE
Mr. Nickelson reported back en Che request of the Treasurer for
the purchase of a subcompacC automobile for Treasurer's office for
collection purposes. He explained the matter of the outstanding
accounts. He reported on Che collection of the delinquent unsecured taxes.
This will require effective collection methods to collect these outstanding
taxes. That office is trying to implement the collections by having
someone go out is the field and make the collections.
RequesC discussed.
On motion of Supervisor MclCillop, seconded by Supervisor Madigan
and unanimously carried, purchasePegea2~~bcompact automobile for Treasurer's
April 22, 1975
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Office, at & cost not to exceed $2,700, with funds to be transferred £rom
account 110 salaries and wages-regular.
75-712 R£FORT: JUVENILE HALL OONSTRUCTION SIDS:
ACCEPT LOW BID OF YOUNGER BROTHERS ENGINEERING & CONSTRUCTION 00.
Lorrin Ward, architect, reported on the bide for the construction
of Ju°~enile Hall. He presented a memo to the Board members setting out
items that could be deleted. There have been meetings with the building
committee, the architect and the contractor to determine what could be
deleted from the building, thus reducing the costs of the construction.
Deletion items set out. The list of acceptable items that could be
deducted totaled $1D9,405.
List of deletions discussed. Twelve beds are among the items
that could be deleted. With the deletion of these beds, this would
give the County a 48-bed facility.
Supervisor Richter stated he could not support the fiall at the
60rbed figure and he cannot support the Hail for 48 juveniles. He is
opposed to this size hall; he could not suppnrt a hall so large.
He said he would support a smaller facility; a 30•bed facility is about
the size he could support.
Use of the hall discussed. Chairman Ladd net out his views
concerning the hall. He believes that there will be legislature that will
change the 601 census at the hail.
Supervisor Cameron stated that the Building Committee has tried
to come out with what they feel is the best for the County. They have
tried to look at ail aspects of the building. He explained how they
had arrived at the figure of 60 beds.
Contract discussed. It was felt the low bid could be accepted
and that a change order could be approved that would delete the $109,804.
from the total bid. Supervisor Richter said he would support whatever
the Board does but he Chinks this is wrong.
Oa motion of Supervisor Cameron, seconded by Supervisor Madigan
and carried, the low bid of Younger Brothers Engineering & Coastructioa
Companq in the amount of $1,454,000 was accepted, with the understanding
that a change order would be prepared that would reduce this amount it
the amount of $109,804, on a 46 -bed concept, and the Chairman was
authorised to sign, with the change order based on the memo from the Architect.
AYES: Supervisors Cameron, Madigan, McKillop and Chairman Ladd
NOES: Supervisor Richter
Supervisor McKillop said he was quite concerned about the tremendous
coats of administration for the Facility. Staffing discussed.
RECESS: 9:55
RECONVENID: 10:05
75-713 $UDGET TRANSFERS APPROVED
Mr. Nickelson reported back on the budget transfer foz County Clerk.
The costs for the travel of personnel to Red Bluff were for lunches only.
Mr. Nelson sent the head girl £rom each of his divisions; they were updated
on the latest Staee legislation dealing with their department.
On motion of Supervisor McRillop, seconded by Supervisor Cameron and
Page 271.
April 22, 1975
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unanimously carried, the fallowing budget transfers were approved:
B_-227 Juvenile Ha11. $750 is transferred from professional and .
special services to household expense within the Hall budget. Three factors
have caused the over-run fn this account: (1) purchase of blankets;
(2) consistently higher average daily attendance necessitating more paper
products and items for personal hygiene; and (3) inflationary effect on
cost of the products and services covered by this account.
B-229 Central Services. $150 is transferred from overtime to extra
help within the Central Services budget with the extra help caused by
switchboard relief at Chico board because of illness of regular operator.
B-230 Administration. $800 is transferred from the reserve to office
expense and is caused primatily~.by heavy duplicating costs, most of which
comes from the Butte County Association of Governments operations.
B-231 Chico Marshal. $500 is transferred from salaries and wages -
regular to extra help and is to continue the second bailiff in the Municipal
Court as required by the judge on certain days.
B-232 Paradise Justice Court. $500 is transferred from office expense
to communications within the'Court budget and is to cover underestimated
budget in this account. Present deficit~•.fs $300; the balance to cover the
rest of the year.
B-233 Elections. Several deficits in the Elections account have been
caused ••by'• inflationary trends and also the new wage hour Law. The following
amounts are transferred to cover present deficits and are estimated to cover
for the one small election known to be scheduled during the balance of this
fiscal year. $2,390.59 is transferred to overtime, $100 to professional and
special services, $1,440 to rents and leases, $765.79 to publications and
legal notices, and $138.41 to other transportation and travel with;the total
of $4,834.79 coming from office expense all within the Elections budget.
B_-234 Farm &_ Home Advisor. $663.93 is transferred from the reserve to
equipment to cover purchase of IBM typewriter as approved by the Board in
the March 11, 1975 board minutes. Of this amount, $150 will be billed to
University of California as agreed upon and this will be revenue to the
___ _ _ _Beneral fund to offset part_of the cost. _ _-_.__.~.__.....
B_-235 Clerk. $793.82 is transferred to overtime, $51,03 to equipment
maintenance, and $101 to other transportation and travel with $328.31 coming
from extra help and $617.54 from office expense all within the Clerk's budget.
The continued overtime for court hearings, trials, and juvenile paperwork
caused the overtime deficit. Typewriter maintenance which could not be put off
until next year necessitated the equipment maintenance amount and the other
transportation and travel amount is to cover in-county transportation heavier
than anticipated and travel to Northe m and Mother Lode County Clerk meeting
in Red Bluff which included several office personnel.
B-236 Mental Health. $500 is transferred to overtime, $100 to equipment
maintenance and $70 to memberships, with $170 cooing from rents and leases,
and $500 from salaries and wages - regular all within the Mental Health budget.
Most of the overtime results from resignation of a Psych Teck and replacement
taking over his duties with services of the Psych Tacks being required an a
24 hour basis. Equipment repairs are going up with increases in rates being
reflected in this account, mostly covering typewriters and adding machines.
The annual memberships in the Butte Glenn 'Medical Society for the psychiatrists
were raised after nmounta s- et in the budget and this covers the increase for
___these_p~chiatrists. ~'""'~ doge ~' -•
- --•- Aprfl 22, 1975
c e a r r r r c c a c c c s c ~pSi~ Z2s ~g~w r r c c c c r r r c r s r
B-239 Recorder. $250 is,transferred from office expense to equipment
maintenance within the Recorder budgeC and is to cover tepairs on some of
the equipment which is getting older and requiring mare service calls. A
service call on o~7e~piece of equipment for example, it is billed at $20 per
hour. This covers present deficit and provides :for` balance of the year.
B-240 Agriculture. $300 is transferred from fixed assets - prior year
to special departmental expense within the Ag budget and is to cover materials
for fabrication of steel bed and accessories for Weights & Measures Unit 432.
The prior year funds were encumbered for this project.
B-241 Building and Subdivision. $1,500 is set up in office expense
account in the Building and Subdivision budget from unanticipated revenues
and is caused by increased workload requiring additional forms and other
office expenses. Present deficit is over $600 end the rest is to provide
.for the balance of the year.
B-242 District Attorney, $203.50 is transferred to equipment with $78.50
coming from publications and legal notices and $125 £rom board authorized travel
all within the D,A. budget. This is to cover the amount necessary far over=run
of vehicle cost over budgeted amount.
B-243 Chico Municipal Court. $8 is transferred from board authorized
travel to other transportation and travel and is to cover mileage fcr .judge
Savage on assignment to the Chico Municipal Court.
B-244 Supervisors. $94.56 is transferred from extra help to equipment and
$800 from extra help to board authorized travel. The equipment amount is to
cover a Sony recorder requested by Supervisor Richter and the $800 is caused
by the number of other county trips by supervisors exceeding budget estimates.
B-24fi Supplemental Manpower Program CETA Title VI. This sets up
$45,720 in salaries and overhead account and $9,521 in expendable supplies
and miscellaneous expense from unanticipated revenue - federal aid other.
This records trust fund appropriation for discrekionary CETA Title VI funds
authorized by Modification 502 approved by the Board on April 1, 1975.
H-247 Supplemental Manpower Program CETA Title VI (County only). This
sets up $9,390 in extra help, $210 in employee benefits, $2,000 in expendable
supplies and miscellaneous expense from unanticipated revenue - federal aid
other. This records appropriation for the County share of discretionary CETA
Title Vi funds for the rest of the fiscal year per Modification 502 approved
by the Board on April 1, 1975.
B-248 Farm and Home Advisor. This transfers $900 from extra help to
other transportation and travel within the Farm and Home Advisor budget. and
is to cover higher fuel costs and more travel expense because of Manpower
positiois assigned to the Department. .,,-__.....
75-71k APPROVE PROPOSID CITY-COUNTY TAX CONTRACT IN PRINCIPLE. GRIDLEY AREA
TAXI SUBSIDY PROGRAM
The proposed city-county taxi contract for the taxi subsidy program
discussed. Mr. Clay Castleberry, Director of Public Works, stated that
Gridley is starting on their program on May 1, 1975. Mr. Castleberry feels
that this is the moat economical method of getting into this program.
I+unding of the program discussed. Spacial road tax revenue would
be used at this time to finance th~~ge°p~~3~d program. Mr. Castleberry
April 22. 1975
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s i i i e i s i e s e s we : £r~li2~.i1$7,~ r .n ~ s i i i~ i i i a s e e i
explained the use of these funds. At this point theBoard would be approving
the Gridley program oa a trial basis. The contract has a 30-dap cancellation
clause.
Mr, Castleberry stated that if the Board would bs moxe comfortable,
they could say the expenditure could be up to $3,000 with a 30-day
cancellation clause.
It wen suggested that the funding be in the next fiscal year's
budget. Mr. Lawrence, County Auditor, said he would like Che program
to begin on July 1, 1975.
It was moved by Supervisor Richter, seconded by Supervisor Cameron
and unanimously carried, that the Baard approve the proposed city-county
taxi contract in principle, up to $3,000 in funding, to be taken from the special
road°Ed.sales tax, with the funding to be provided in the next fiscal year,
with 30 day reports to be furnished to CheBaard after the program has
commenced, with the contract to be brought back to the 'Board far final
approval.
75-Ili FiRLAND ACRES ASSESSMENT DISTRICT: ADOPT RESOLUTION 75-69aAWARD OF
CONTRACT AS AMENDED ~ RESOLUTION 75-69Gb) AUTHORIZING E%ECUTION OF
AGREEMENT WITH S. N. PHILLIPS._CONTRACTOR
Bond counsel has prepared documents sad recoomtends award of the
contract for Finland Acres Assessment District. Contractor S. M. Phillips
approved the contract as amended. Action to be taken discussed.
On motion of Supervisor Cameron, seconded by Supervisor McKillop
and unanimously carried, the following action was taken:
1. Resolution 75-69(e) of ~rard of Contract was adopted, Chairman was
authorized to sign.
2. Notice of Award of Contract was approved to be filed.
3. Resolution 75-69 (b) authorizing execution of agreement between
the County of Butte and S. N. Phillips was adopted.
4. Agreement between the County and S. N. Phillips was approved
and the Chairman was authorized to sign.
5. Faithful Performance Bond and Labor and Material Boad issued
by Peerless Insurance Company was accepted for filing, together with
the insurance Certificate.
75-716 ADOPT RESOLUTION 75-70 APPROVING SUPPLEMENT ~2 TO FEDERAL-AID SAFER
ROADS MASTER AGREEMENT & APPROVE AGREEMENT FOR SALE. RIGHT OF WAY ACQUISITION
On motion of Supervisor Madigan, seconded by Supervisor Richter and
unanimously carried, Resolution 75-70 approving SugplemenC #2 Co Federal-
Aid Safer Roads Master Agreement was adopted and the Chairman was authorized
to sign; the following agreement for sale for right of way acquisition was
approved, Chairman authorized to sign and Auditor authorized to draw warrant
upon demand of County's escrow agent:
Foothill Blvd. Don C. Lucas Acres .075 Price $75 Total $75.
75-717 ACCEPT COMPROMISE REGARDING BRAYTON-KEMP EASEMENT ABANDONk1Et~TT REQUEST
Mr, Castleberry reported on the Brayton-Kemp easement abandonment
request. He set out a compromise regarding the easement that has been
requested to be abandaned. Mr. Castleberry will contact the property
owner and present the proposal. Mr. Castleberry feelatkat Che swale should
be retained. page 274.
April 22, 1975
/"" r"`
a.es..osassssassspsi1821~~s9Z5sesassass rases
On motion of Supervisor McKillop, seconded by 5upervisaz Madigan
and carried, the Board stated they would accept Che compromise seC out
by Mr. Castleberry regarding the Brayton-Kemp easement abandonment request,
if the owner and the attorney would accept the compromise. AYES: Supervisors
Madigan, McKillop, Richter and Chairman Ladd. NOES: Supervisor Cameron.
75-718 iYPORT ON THE RESUBMISSION OF CROUCH DITCH RIGgT-OF-WAY - CEICO
Mr. Castleberry reported on the resubmission of Crouch ditch right-
of-way in Chico. It now serves as drainage down to the Edgar Slough.
The property owner is going to quiC paying Coxes on this. Chairman Ladd
feels that the County should accept this. Mr. Castleberry will pursue
this matter and will bring back something concrete for the Board Co
consider.
75-719 DTSCUSSION: ISSUANCE OF ~,1ILDING PERMIT FOR PROPERTY ON PILLSBURY
Mr. Castleberry commented bn~the building permit for property
that extends into the Pillabwry right of way. This property ie being
annexed into the City of Chico. Mr. Castleberry said that the Public
Works Department had goofed. They would like to let the Tri-Valley Bank
continue with their building. Mr. Blackstock explained what could be
done. Pub11c Works could advise the City of Chico that through error,
the building permit had been Issued. Matter discussed; no action taken.
75-720 REJECT CLAIM OF MARTHA SCOTT REGARDING BUILDING PERMIT
Mr. Castleberry reported on the study of the request by Martha
Scott regarding hez building permit fee. Supervisor Cameron said that
Mrs. Scott had been in to see him and she told him that the long delay
of the lot split had delayed her on her building permit. She requested
that the $21.00 fee she had paid be applied to the new $54.00 fee that
she 1e required to pay now.
Request discussed. Chairman Ladd stated that the tentative map
had been approved and that gave her adequate time to apply for her
permit. The Board could not see whq she bad Geld up action on hex building.
From the report the Board had received, there was ample time for her to
complete her building.
Oa motion of Supervisor Madigan, seconded by Supervisor Richter and
unanimously carried, the claim of Martha Scott to have her $21 fee paid
for huilding permit applied Ca the new fee of $54 was rejected, and that
Public Works lead her a reminder on the parcel map.
75-721 ADOPT RESOLUTION 75-71 INTENTION TO ABANDON EASEMENT. LOTS IN PAKADISE PINES
Qa motion of Supervisor Cameron, seconded by Supervisor McRillop and
unanimously carried, Resolution 75-71 of intention to abandon easement on
lots 175, 176 and 177 of Unit 13 of Paradise Pines, ae requested by Mr. and
Mrs. James L. Harris and Carl H. Worthington, was adopted, May 27, 1975 at
10:45 a.m. was set as time of hearing and theGhairman was authoxixed to sign.
75-722 APPROVE REFUND OF FEE FOR GUY 0 RO~I~EY
Mr. Gny 0. Rowley request for refund of application fee of $35
(parcel map) discussed. Withdrawal of application before any action was
taken by the committees.
On motion of Supervisor McRillop, seconded by Supervisor Madigan
and unanimously carried, reimnd of fee of $35 was approved for Mr. Guy 0.
Rowley, ea requested.
75-723 TENTATIVE PARCEL MAPS APPRODE6
On motion of Supervisor Richter, seconded by Supervisor McKillop
and unanimously carried, the following tentative parcel maps reeom@eaded
Page 275.
April 22, 1975
f '" ~',
a as ro •c v a a c a a a v r v sp~~ fc2i Ts945: v a: s a r v e v s a a v a
for approval were approved, subject to the conditions,with the note that
negative EIRs have been filed and with the findings that they are
consistent with the General Plan:
zoned A-2 Jim Dodd, AP 62-46-04^ 3 lots, off squth side of Siq
G.P. Timber Bend Rd., north of Lake Oroville. Surveyor: John W.
Mt. Terrain Hamby
Pursuant to the requirements of Section 20.3 of the Butte County Gode,
the tentative parcel map of the above property has been reviewed by
th_ Butte County Subdivision Committee and the Planning Commission.
The 6ubdivision CoQnmittee and the Planning Commission recommend
approval of the tentative map, subject to the following conditions:
1. Indicate on the final map, the location of the existing wells
an parcels 1 & 2, and show a 100 ft.•septic tank free radius
around said wells.
2 . Verify Iegal~ access .
3. Construct the access easement tq 1258, LD2 standards.
g. Provide a cul-de -s ac at the end of the easement.
5. Place non-exclusive statement on final map.
6. Verification that there is no existing easement along the west
side of` the property.
A Negative Declaration Regarding Environmental Impact was filed with
the county Clerk on March 3, 1975, '
Th_ conservation Element denotes soils in the area of this land
division as Class 5, being well suited for grazing, but not arable
because of steep slopes and susceptibility to erosion.
This area also is in the direct watershed to the north fork of the
Feather River and Lake Oroville. The conservation Element also
states that roads and urbanization are prime sources of erosion
and siltation.
The 'timber mountain clesaificatfon is iatended for those areas wbi,ch
bave value as timber producing areas, vratarahed areas, scenic ar®as,
reoreatipnal areas an8 areas which by ttnel.r charae~er and particular
topography rsqu3xs c~ecial tzoatmant ~asacA proteQtion to mitigate po-
tentlal daiasgm. Residential ~tevelopment is tktese areas ahouid be
coaf3ned to az+eas va'hexPe the topogrraphy O!' than land Brill alloar a
miaia~um amount of damage by army of erosion, siZtation~ enrface end
gz+autid water poilutioss or the dastruatian of scenic and bistoricai
area8. l~a$itp shquld ba considmrad asp the beef s ~ oaf there !'actors
and weighed against epltexxt!!tis ems-~f the stems for timbex produc-
. _.~.__.~OO, sceeretation r+nd arate~d ~,p,u.
Page 276.
April 22. 1975
r..~ f -
s a s s: s w s s s s s r ~~i~ ~2a I~g~.S. ,o w ra r s s .c s s a s s: s s
Zoned A-3 Larry W. Bannon, AP 28-30-26, 3 iota, 3/6 mile north of
G.P. 1-5 Bangor on east-aide of Oroville-Bangor Hwy.
ac/du Open Grazing
Pursuant to the requirements of Section 2D.3 of the Butte County
Code, the tentative parcel map of the above property has been re-
viewed by the Butte County Subdivision Committee and the Planning
Commission .
The Subdivision Committee and the Planning Commission recommend
approval of the tentative map, subject to the following conditions:
1. Proof of water or place the statement as required by the Ordinance.
2. Deed to the County of Butte 3D ft. right-of-way from the center-
line of Oro-Bangor Hwy.
3. Indicate a 5D ft, building setback from the centerline of Oro-
Bangor Hwy.
A Negative Declaration Regarding Environmental Impact was filed with
the County Clerk on March 24, 1975.
The General Plan indicates two categories of open space in non
urban areas: 1) multiple use open space and 2) permanent open
space. Within the multiple use open space, land in which the
slope is generally less than 25~ but which are not covered with
valuable stands of timber, the General Plan states that there
is not expected to be any substantial demand for urbani2ation
of this land due to its location. Uses for which it may be
suitable include, but are not limited to:
Watershed Mineral Extraction
Erosion control Golf courses
wildlife habitat Private outdoor recreation
Grazing Riding stables
Tree crops Plant nurseries
Field crops Flood control
Scenic easements Green belts
Zoned ,A-R G C-2 Clifford J. & Mary E. Polston, AP 30-17--17, 2 lots,
G.P. 5-8 du/ac north of..OrQ-Dam 81vd., west of the Feather River, ~--•
Oroville. Engineers Kendall Engineering
Pursuant to the requirements of Section 20.3 of the Butte County
Code, the tentative parcel map of the above property has been re-
viewed by the Butte County Subdivision Committee and the Planning
Commission.
The Subdivision Committee and the Planning Commission recommend
approval of the tentative map, subject to the following conditions:
1. verify Legal aCC@3S to Parcel 2.
2. No further division until 60 ft. of access has been provided to
the publicly maintained road.
Psge 277.
April 22, 1975
~~
~,
o s=: e r e e ~ s ~ ~e a~ .~p~i8 R2~ 195. ae ~. ~ a ~ s s s ~ s s e ~
3. If either parcel results in a garcel less than one acre, submit
plans to the Department of Public Works and install curbs, gutter;
sidewalks, and street sections on oro-Dam Hlvd.
4. Shaw a 100 ft. septic tank setback from the Feather River.
A Negative Declaration Regarding Environmental Impact was filed with
the County Clerk on March 24, 1975.
Zoned A-3 Strafford Wentworth, AP 36-36-16, 4 lots, on
G.P. 1-4 Foothill Blvd, 500 ft. northerly of intersection
du/ac transition with Lower Wyandotte Rd., oroville. Engineer:
to 1-5 ac,ldu Graves & ~eddis
Pursuant to the requirements of Section 20.3 of the Butte County
Cade, the tentative garcel map of the above property has been re-
viewed by the Butte County subdivision Committee and the Planning
Commission.
The Subdivision Committee and the Planning Commission recommend
approval of the tentative map, subject to the following conditions:
1. Proof of water or place the statement on the map as required by
the Ordinance .
2. Deed to the County of Butte 30 ft. right-of-way on either side
of the future centerline of Foothill Blvd.
A Negative Declaration Regarding Environmental Impact was filed
with the County Clerk on March 29, 1975.
The General Plan indicates two categories of open space in nan-
urban areas: 1) multiple use open space and 2) permanent open
space. Within the multiple use open space, land in which the
slope is generally less than 25~ but which are not covered with
paluable stands of timber, the General Plan states 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
Erosion control
Wildlife habitat
Grazing
Tree Craps
Field crops
Scenic easements
Mineral Extraction
Golf courses
Private outdoor recreation
Riding stables
Plant Nurseries
Flood control
Green belts
75-724 DISCUSSION: FORMATION OF VETERANS SERVICH CotIIrlITTEE
Mr. Nickelson reported on the formation of the Veterans Service
Committee. Be felt the Board could form this committee that could
review any complaints in regards Co Veterans•Service Officer. The
committee could monitor the complaints on a call basis. He felt it
would be a good idea to have the committee. The committee would be
made up of members of the Veterans organizations. Mr. Mickelsos
will notify the Veteran organisations.
75-725 DISCUSSION: SB 275
Senate Bill 275 discussed:-.The h;11 has been amended to delete
Page 278. April 22, 1975
r: r1,
s 4 ~ ,w .c a .O .c .e ~ ~ i s ~i ~PNi~ ~2s ~9~A 1A s ~ i i ~ t ! i i Q Q ~ e
Che collective bargaining and the right to strike provisions. Discussed;
no action Caken.
75-726 DISCUSSIONS PEAT}lER RIVER OPPORTUNITY CENTER BUILDING PROPOSAL
Supervisor McKillop reported that they had met to consfder
sites for the Feather River Opportunity Center building. They are
considering the site at the hospital and also another site.
Mr. Castleberry explained the proposed plans for the building.
It will be a two-story, standard metal building. He suggested that the
Board have the plans prepared, using the standard metal building. The
contract could be let on that basis.
Sites discussed. Mr. Castleberry said he would have a proposal
to the Board for next week. He will proceed la this manner sad will
attempt to find a site that could be used.
Mr. Castleberry will cantact Chairman Ladd after this meeting
regarding a building site.
75-727 APPEARANCE: MR. NICK IAMARDO. BUTTE COUNTY WELFARE RIGHTS
Mr. Nick Lomardo, Sutte County~Welfare Rights, stated he was
appearing before the Board concerning aid for Mrs. fillings and her
granddaughter. She is elaasified ea a non-needy guardian of the children.
Background of the matter seat out.
Mrs. Billings has had her application in for payment for
the granddaughter for 9D-days. The State has direcCed the Welfare
Department to begin paying these payments again; it is aid to needy
children. Mr. Lomardo requested Chat the Board look into this.
Matter referred to Welfare Director.
75-L8_APPEABANCE: MRS. MARTHA SCOTT
Supervisor Cameron stated that Mrs. Martha Scott was present sad
he informed her of the action taken by the Board. Mre. Scott spoke
regarding the request for application of her $21 permit fee to her new
fen. She explained her complaint concerning this treatment. Action
explained.
75-728 WAIVE FIRST READING OF ORDINANCE AMENDING SECTION 2604 OF COUNTY CODE:
RELATING TO FIRE ZONES
Dan Blacketock, County Counsel, stated that he had another item.
It relates to the elimination o€ Fire Zone 1 & 2 and would be an amendment
to the County Code. The only place Chat has these two fire zones at the
present time is Paradise. Ordinance discussed. He suggested that the
first reading of the ordinance could be waived.
q n motion of Supervisor Cameron, secpnded by Supervisor McKillop
and unanimously carried, the first reading of the Ordinance amending Section
26-4 of the Butte County Code was waived.
75-.729 CONTINUATION OF SKYWAY ASSESSMENT DISTRICT N0. 1
The continuation of the Skyway Assessment District No. 1 hearing
was held at this time. Supervisor Richter feels that it is Important
that he make a statement et this time. There is a conflict of interest
with him; he owns property in this area. He requested thaC he be excused
from this hearing because he owns a piece of property on the Skyway that
ie being assessed under this district.
Page 279.
~~ ~ y April 22, 1975
~, !~
s s s r s s r .n ~s s r r s rA$r!~'a2~t 1~7~ a s t s s s s r s s r s s s s
On motion of Supervisor Madigan, seconded by Supervisor McKillop
and unanimoudy carried, SupervisorRichter was excused from sitting in on
this hearing, due to possible conflict of iatereat.
Supervisor Cameron stated that he has reviewed the spread of
assessments on Skyway Assessment District Nn. 1 and it appears to him
that insufficient weight has been given to present use on the determination
of benefit. In other words, after his review of the proposed spread of
assessments, he believes that present use must be accorded more weight.
He realizes that potential use is entitled to consideration, but it would
appear from reviewing the present proposed spread of assessments that
future potential use has been given too high a weight in determining the
benefit as statutorielly required. Thus, to be consistent with a fair
and equitable spread of assessments, and further to be consistent with
s ome recent court cases on the subject of benefit, it would appear to him
it is mandatory that the engineer of work should be directed to recompute
the spread of assessments.
It was moved by Supervisor Cameron that the engineer of work be
directed to make a new spread of assessments is which present use is to be
given strong consideration with potential use given some consideration
where it is clearly shown that the improvements benefit the property in
question, that the engineer of work send out notices of his proposed
spread of assessments accomplished pursuant to this motion within one week
from today sad that a hearing be held thereon st;2:00 p.m. on May 13, 1975 at
the Board of Supervisors Chambers, County Administration Building, Oroville.
Supervisor McKillop seconded the motion.
Supervisor Cameron congradulated Mr. McCain for having the maps and
assessments placed in the Paradise Recreation Building for review by the
property owners. He explained the protest of the people. He commented
oa the sewer laterals; his first idea would be to strongly consider that
the costs for the sewer laterals be spread out ove~the entire Paradise
area. It would be a benefit to everyone that lives on the ridge. The
sewer assessment should be changed. He set out his study of the assessments
and of the property involved.
Mr. McCain said he could mail out re-caps within 6 or 7 days after
today. These are on computer and he could get the assessments to the people
by May 2nd.. Sugervisor McKillop said he was concerned about the out-of-town
owners. It was felt that all property within the district should be
assessed for drainage. It was stated that the Board could not take out
the sewer lateral assessments.
Discussed date the hearing should be continued to; it was also
stated that the Board did sot realize that the otherppisblic agencies were
being assessed. Gale Peck, attorney for the district,'"stated that the
County cannot exemgt other government agencies; they do have the power to
levee the assessments on government agencies.
Supervisor McKillop moved to kable the roll call on the motion
until the Board had heard from the people.
Hearing opened to the public at this time. Appearing:
1. David Minasisn, representing the Paradise Yrrigatioa Aistrict.
He feels that this is double taxation. He filed :written protest regarding
the asseaementa. This district has caused a Lot of work to be done by
the irrigation district; the work done by the irrigation district was
mandatory work.
Page 280.
April 22, 1975
s s s s s re r: s s: a s s ~ai~ ~2~ s9i5a s s s s r s r s r s s s s s s
2. Lawrence Webb. He presented hie written letter of protest.
3. Nary Coffee - She questioned the Board concerning the replacement
of her water meter due to the widening of the Skyway. She also could nee
ao reason for paying for a sewer lateral. She set out her protest of the
proceedings.
4. Freak Sterle, Attorney at law. He filed his protest of the
assessments placed on his progerty. He also felt that the property
that had bees eliminated from the assessments should have been assessed
as they are being aided sad benefited by the District.
ldr. McCain explained how he would re•asaeea the parcels. He
explained the sanitary sewer area of benefit.
5. Mike Breed, attorney at law in Paradise, stated he was
regres9ntiag some people in Paradise. His clients feel that the
assessments should be spread over all of the ridge area. Everyane is gaining
a benefit from the widening of the Skyway. He set out the reasons his
clients are opposing the assessments.
6. Mr. Roy Horner, owner of progerty an the Skyway. $e felt that
if they start to make changes in the aaaessmeat, then there will be increases
made to the assessments of those owners that have nat protested. fie feels
that theCounty should make a contribution to this project.
7. Mr. Hammersmith, Skyway. He Filed his protest. He feels Chat
the people are being taxed enough to pay for sewer laterals and the drainage.
This is paying taxes upon taxes. He set out his protest.
Letters of protest were received sad made a part of the
proceedings. A copy of the list o£ the letters of protest are attached
to these minutes as Exhibit "A" and made a part a£ these minutes as
though set forth in full at this time.
Motion discussed.
It was stated that if some of the people west to meet with Mr.McCain,
he could set up a meeting time in Paradise. He will meet with them in the
County Building in Paradise, oa an informal meeting basis, oa Monday,
April 28, 1975 at 2:00 in Paradise. The meeting will be held in the
Memorial Hall is order to accommodate all those that are interested in
meeting with Mr. McCain.
&oll cell on motion taken at this time. AYES: Supervisors Cameron,
Madigan, McKillop and Chairman Ladd. NOES: None. ABSTAINING: Supervisor
Richter.
This hearing continued to 1:30.
RECESS: 12:15
RECONVENE: 1:37
CONTINUATION OF HEARING: SKYWAY ASSESSMENT i?ISTRICT; MATTER CONTINUED
TO MAY 13. 1975 AT 2:00 P.M.
Chaitmaa Ladd reopened the Skyway Assessment District hearing.
Appearing:
Kathy West, who presented two letters to the cleric from people
Page 281.
April 22, 1975
arc:.:e. ose: a~~ ss ~ei6 G2a<19~5. sa.~sss.e~eaa
(Marie T.awaon snd D.A. Lawson) who could not attend the meeting. Mxs.
West disagreed with the benefit they are receiving from this project.
Mra. bleat also asked about a grace period oa the payment of the bonds.
Band Counsel explained that there ie a grace period of about 18 months
total.
Ren Mays, property owner on Wagstaff, opposed paying this fee.
However, the Baard pofated out that Mr. Mays is not in the district.
Phil Mace, attorney representing four property owners in the
district, He represents property owners whose property drains directly
into Butte Creek Canyon. Mr. Mace discussed the law concerning runoff
and how it relates to neighbors. You cannot increase your runoff•if it
effects your neighbor; this applies is urban areas. He stated that he
hoe traced the flow of drainage on the Paradise Capital Investors property
and it does not drain into the Skyway.
Mr. Cole, Schmale Lane, doesn't Peal that he should be assessed
ae he is. He doesn't feel that the project benefits him. He invited
Supervisor Cameron to look at his property before the next meeting.
Charles Wellboak, Paradise, doesn't feel the project does him
any good. He stated that the people that did the work left his property in
a shambles. lie stated he and his neighbors were not contacted regarding
an easement and the contractor went over his property without permission.
Supervisor Cameron stated that this might be one area that Mr.
Castleberry should look at as there seemed to be quite a bit of complaints
in the area abouC the contractor.
Arthur Lull, representing his mother, Elizabeth Lull. He
previously entered.• a protest against the project.
Hearing closed to the public at this time. This hearing hoe been
continued to May 13, 1975 at 2;00 p.m. Mr. McCain stated that there will
be a meeting April 28, 1975 at 2:00 p.m. at Memorial Hall for the people
that wish to consult with the engineers about the project.
75-730 DISCUSSION: PUBLIC BEARING ON C_0_TINTY SERVICE AREA N0. 4
Mr. Castleberry stated thaC he thought this was is Paradise but
he had little information on it.
Chairman Ladd asked that when a service areasis placed on the
agenda that the purpose and the general area is also added. Mr. Castleberry
stated Chat this came from LAFCo.
Matter put over until Administrator is present Co explain the
matter.
75-731 PUBLIC HEARING: EXTENSION OF INTERIM A-20 ZONEING IN TBE NORD CANA-
MERIDTAN AREA: ADOPT ORAINANCE 1571
Jim Lawson, Planning Director, explained the background of thin
matter. The extension is requested to cover the period of time until the
permanent zoning would become law. The hearing on the permanent zoning
will be held April 29, 1975 at 2:00 p.m.
Hearing opened to the p~ $ecz$2 Appearing:
April 22, 1975
~`, !"`,
April 22, 1975
_ x e z x x e z z x c z z a z a x x x_ m c x x R a e o a z c c c a c v =,
Clarence Wcod, North Valley Readymix. He would like to have hie
land deleted from this zoning. This is between the freeway and tha
Esplanade next to Mud Creak. Jim Lawson read the areas that are proposed
to be deleted and changed to other zones. However, these do not cover this
property.
Supervisor Richter stated that he does not see how this should
be zoned A-20. Supervisor McRillop suggested that the deletion be done
at the hearing on the permanent zoning, Mr. Woodls property is to 6e
considered for deletion.
Priscilla Crow, owner of property in the area, stated that she is
trying to divide her property among her four children, who are going to
place mobile homes on the property. She sees no reason why her. property
could not be deleted to allow them to do this. She is keeping the
property in her name but is giving the children the use of the property.
Discussion of legality of what the woman is doing with the property.
This is a five-acre parcel, and is contiguous to the towasite.
Chairman Ladd stated that these requests should be referred to
the Planning Director. Discussion. Matter referred to Planning Director
for a recommendation next week.
Mrs. Altman, Muir Ave. She stated that she has land in the area,
a portion of which she has sold under a contract of sale to her sharecropper.
Mr. Lawson stated that unless the contract is recorded, it is not a legal
parcel. Discussion.
Dan Blackstock, County Counsel, stated that if all items were
complied with, it must be recognized as a legal division assuming it was
done before the law change o£ March, 1972. As far as the county is
concerned, as long as it was done pursuant to law, it is legal. Daa
doesn't see how the zoning would effect Mrs. Altman. Mr. Lawson stated
that he would like to have a legal opinion from County Counsel on this matter.
This doesn't meet the map act ea it is now. This is referred to the Planning
Director f®r consideration and Mrs. Altman was requested to reappear next
week.
Jim Moore stated that he is opposed to the rezoning. He feels
the government is taking the property from the people. Mr. Moore was
eapecialiy concerned about the R-C zoning proposed for some of the
area. Mr. Lawson stated that this was recommended for deletion by the
Planning Commission at this time. Mr. Moore stated he would like to be
deleted from the interim zoning also. Mr. Moore felt the County was taking
over the people's rights. Supervisor McRillop explained to Mr. Moore that
the county must have an indication that fiD% of the people is the area
want the zoning before it is approved. Mr. Lawson stated that the support
for the zoning was overwhelming at the Planning Commission hearing.
Stan Frost, Hosier Tract, stated that he had attended the Planning
Commission hearing and there was very little opposition to the zoning. He
presented a petition of people in the Hosier tract requesting an AR-MH3
zone to be considered next week as he will not be able Co attend the meeting.
Priscilla Crow's daughters-in-law presented a map.to the Board of
how the property is going to be divided. Chairman Ladd referred these
people to the Planning Director to discuss the matter.
Elwin Roney appeared to oppose the zone.
Gordon Williamson suggested allowing every Large parcel of land
to have a five-acre parcel on which a house could be built. He explained
that it is very difficult to get the loan companies to finance the extra
money required to build a home. Chairman Ladd agreed that thin is a real
problem; he would like to work on this to see if there is a solution to this
problem.
Page 283. April 22, 1975
J
~'. ~~
April 22, 1975
c e= s s s e e a s a x x x r m a n~ m m a m p m m. m s ~. a s m m s
Tom Whipple, Chico. He asked that the interim be done on a minimum-
time basis. It was explained that the properties that are deleted would
skill be under the interim until the time runs.
Hearing closed to the public and confined to the Soard.
Supervisor Richter asked Mr. Lawson if the interim is necessary
for the health, safety and welfare of the people concerned. Mr. Lawson
explained that•it is necessary because if the zoning was to go back to
the original zone, there could be several small divisions and it would
be self-defeating if this gap were allowed,
Mr. Lawson explained his ideas concerning the deletion of the
areas presented today. He felt that the cement plant should definitely
be deleted. He would like to look at the Crow property before making a
decision on it. Chairman Ladd questioned about the R-C zoning. He doesn't
feel this is of primary concern at the present time.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the Soard adopted Ordinance 1571 extending the
interim A-20 zoning for 60 days, deleting the areas of Clarence Wood's
cement plant and the R-C area, and authorized the Chairman to sign.
75-732 PiFBLIC HEARING: COUNTY SERVICE AREA N0. 4 - ANNEXATION TO DISTRICT;
ADOPT RESOLUTION 75-72 APPROVING THE ANNEXATION
Mr. Castleberry explained the area to be annexed. This is to
provide maintenance and servicing of drainage facilities sad also for
construction and maintenance of sewage collection. This matter has been
through LAFCa.
Hearing opened to the public. Appearing: no one. Hearing
closed to the public and confined to the Board.
On motion of Supervisor Cameron, seconded by Supervisor Richter
and unanimously carried, the Berard adopted Resolution 75-72 ordering
annexation to territory to County Service Area No. 4, sad authorized the
Chairman to sign.
- PUBLIC HEARING' LASSEN ASSESSMENT DIST.RICT,,,___.
• _ ,,.,,.,,... , i ADOPT RESOLUTION 7573
Letters from Larry G. Ott, C.A. Barnett and P.C. Schiffman were
read by the clerk. Everd McCain, engineer, explained the needed improvements
of the area concerned. There is no committment as yet and all the areas
are up for decision. The curbs and gutters will cost approximately $10.50
per front foot. Any coat above that would be for drainage if it ware put
in. Mr. McCain delineated the four proposed areas that are being considered.
He stated that most of the area is in the Shasta Union Drainage District
and that if the people had paid for that, the amount paid would be aubtxacted
from the amount to be paid on the ~Lassen~district. The drainage would coat
approximately $2200 per acre if it is put in. Mr. McCain recommended that
the Board proceed under the 1913 Let.
Supervisor Richter questioned about having a wider sidewalk to
allow room for bikes. Mr. McCain stated that this scold be done.
Supervisor Cameron questioned about the costs. Mr. McCain stated that
the drainage would be put 1n at low points for the owners and would be
at the option of the district. Also, the more pipe used, the cheaper it
will be as they would be able to use longer pipe.
Page 2$4. April 22x1975
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April 22, 1975
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Hearing opened to the public. Appearing:
John Bagwell, Lassen at Godman, questioned about his costs.
Mr. McCain restated the costa quoted earlier.
George Larbaig, Chico, questioned Mr. McCain about the proposal.
There are two dry wells near Mr. Larbaig's property and he wondered how
the district would effect these. Mr. McCain explained that Che man could
have these picked up and have complete drainage or go the other way. It
would be his option.
Mr. Evans owns property in the area. He felt that the county
has made a mistake in the Shasta Union matter by not having access.
Mr. McCain gave Mr. Evans an estimate of hie cost. Mr. McCain explained
that the people involved would know the exact costa before any work ie
done and that at this time, the •only cost to the county is the engineers.
Gregory Viatica appeared in favor of the district and questioned
Mr. McCain about paving of Lassen. If the district ie formed, the County will
do the paving; if not, the owners of the property would have to pave ,
probably as a condition to a map or whatever. Mr. Vistica again stated
that he and his partner are in favor of the district under the 1913 Act.
James Corsing appeared in favor of the district.
John Chambers, representing his parents, opposed being included.
Bill Retzer appeared in favor of the district.
Ruth Millard, property owner on Burnap Ave., questioned about
her involvement. Mr. McCain stated that they would not pay; only those
lots fronting on Lassen will be involved. However, if the drainage is
also included, then she would be charged the approximate $2,200 per acre.
Mr. McCain stated that there will be no sewage involved in this
project.
Hearing closed to the public and confined to the Board.
Mr, 1~SoCain presented a map on which he had marked areas approving
or opposing the district. He felt there was support for the project but
the extent of improvements fa questionable. He recommended that the
district be formed so that they can continue"with the detailed analysis.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimaualy carried, the Board adopted Resolution 75-73, determining
khat the public convenience and necessity require improvements and acquisitions
to be made and paid for by special assessments, and determining thaC the
Special Assessment Investigation Limitation artd Majority Protest Act of
1931 shall not apply to proceedings therefor, and authorized the Chairman
to sign.
75-734 PUBLIC HEARINGSS APPEALS OF STEVEN AND PATRICIA PARSONS AND RONNIE
AND STEPHANIE CAMPBELL - LAND DIVISION DENIAL BY PLANNING COI~tiSSION
Mr. Lawson stated that these separate appeals could be handled
simultaneously. The areas are near Meridian Road and Highway 99E.
Mr. Lawson gave the background of the matter. The land had been divided
illegaly but to get •a certificate of compliance the land had been reverted
and now they were trying to split legally. An SIR was required and
subsequent to information in the EIR and consideration of a recommendation
by Jerry Leteon, Division of Forestry, the Planning Commission had denied
the land division.
Page 285. April 22, 1975
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April 22, 1975
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There was also a request by the applicants for an exception
regarding gross acreage. This was recommended for denial •by a 5 to 4
vote at the Planning Commission.
Hearing opened to the public. Appearing:
Steve Parsons, representing Ronnie Campbell also. He gave the
background of how he acquired the property and the original splitting.
This land was acquired from hie father-in-law, and was split prior to
March 4, 1972. 12r. Parsons does not feel there is a great fire hazard
as Mr. Letson stated. Also, he feels thaC $1,000 per acre assessed value
is excessive if they cannot use their property. The land is goad far
homeaites in his opinion and they had planned to build a road and
dedicate it to the county. He stressed the 5 to 4 vote of the Planning
Commission.
Mr. Lawson stated that Public Works had written a memo listing
conditions for this. Public Works had recommended formation of a service
area.
Cal Bachman, civil engineer, discussed the memo. He stated
that the recommendations are far above the current ordinance standards.
He discussed the standards and stated that only the currant ordinance
standards should be used.
Hearing closed to the public and confined to the Board.
Supervisor Madigan questioned about the original owner of the
property. Supervisor McKillop felt the Iots were similar to others in
the area. Discussion of this matter and it's status at the state level.
Mr. Lawson did not have any information on this at the state level.
On motion of Supervisor Madigan, seconded by Supervisor Richter
and unanimously carried, the Board supported the decision of the Planning
Commission and denied the appeals based on the grounds found by the
Planning Commission.
75-735 ADOPT RESOLUTION 75-74 IN SUPPORT OF CCCJ FUNDING FOR LOCAL UNITS
OF GOPERNMENP
Supervisor McRillop requested that the Board adopt a resolution
similar to one adopted by the RCRC regarding state funding of CCCJ.
On motion of Supervisor McKillop, seconded by Supervisor Madigan
and unanimously carried, the Board adopted Resolution 75-74 in support of
CCCJ funding for local units of governmenC and authorized the Chairman to
sign. Copies of the resolution are to forwarded to the Governor, CSAC
and the legislators.
75-736 DISCUSSION: EIR'S BEING DONE BY THE COUNTY FOR CERTAIN AREAS
Dan Blackstock, County Counsel, stated that it was his understanding
that the Planning Commission was requiring the EIRs but that the Gounty would
pay £or them.
Supervisor Richter stated that the Board should consider a method
of assessing people a fee on each parcel to create a fund which could be
used Co pay for the EIR. He feels this would be much more equitable. He
thinks the committee would be less inhibited in their decisions. Supervisor
Richter feels now that EIRs ere sometimes used to atop a prodect when there
is no other way to do so.
Page 286. April 22, 1975
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April 22, 1975
C~ C~~ b~ 6 a Z 'd ~® R~ R R Z 6 C m. S_ ... ... C
Discussion of costa of EIRs. Mr. Lawson stated that there ie
a tremd to favor a master EIR that will cover a wider area and have a
general appiication to ag land where there are a lot of similar features.
Supervisor Richter stated that he feels the matter of requiring
EIRs on some parcels and not on others will go to court someday.
Discussion of the situation regarding the EIRs to be paid for
by the county. Also discussion of the lead agency concept and how the
Board's decision on the ETRe applies in other areas.
No action taken.
75-737 MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Cameron requested that the matter of fire protection
and subvention funds be discussed before budget time. He would like for
the necessary people to have a meeting to discuss it. No action taken.
Supervisor Madigan mentioned that he had learned that Ronald
B. Robby is the director of Water Resources.
75-738 ADOPT RESOLUTION 75-75 INTENTION TO ESTABLISH CSA 53
Dan Blackstock, County Counsel, stated that it was in order
for the Board to adopt a resolution of intention for a county service
area regarding fire protection services in the Paradise Pines area.
On motion of Supervisor Cameron, seconded by Supervisor McKillop
and unanimously carried, the Board adopted Resolution 75-75 intention
to eatabliah County Service Area 53; setting public hearing for June 3,
1975 at 2:00 p.m., and authorized the Chairman to sign.
Recess: 4:40 for an executive session to diacuas litigation
Recoaven: 5:00
ADJOURNMENT
Where being nothing further~be£ore the Soard at this time,
the meeting was adjourned at 5:01 p.m. to reconvene on Tuesday, April
29, 1975 at 9:00 e.m.
area, Soard o Superv ors
ATTEST: CLARK A. NELSON, COUNTY CLERK
Sy ~!
Board of up rvisors Clerk
Page 287. Aprii•22, 1975
T•.
"EX[iIBIT A"
LIST OF LETTERS PILED IN PROTEST OF
N0. 1.
Name
D. A. Lausoa, 5526 Schmale Lane
Mrs. Marie D. Lauson
Mrs. Pearl B. Storey
R. E. Heller
William A. Mead
Ronald West & Catherine Weat
Paradise Lutheraa Church
St. Thomas More Church
Jerome Hanley
Collins Pine Co.
Paradise Capital Corporation
Bowdry C. Barnett
Paul. D, Gaukel
Wilson Bruce
Leslie Haliey
Phillip L. Mader and Caro! N. Mader
Sterling Chew
Paradise Irrigation District
Otto Aust
Laurence E. Webb
Clarence W. Anderson
Eileen Bernard and Ray Bernard
Paradise Fire Protection District
Adolph G. sad Marie K. Pearson
P. C, 5chiffmann (No parcel no. or
ASSESSMENTS DUE 5&YWAY ASSESSMENT DISTRICT
Assessment No
17
10&14
219
248
56
60 & 63
308
298
53
335
42
370
177 and 182
58
20
142 & 131
187
95 & 97
305
78
315
346
154
(AP 52-194-2)
assessment ao.)