HomeMy WebLinkAboutM050675~, ~: -
May 6, 1975
STATE OF CALIFORNIA )
5S.
COUNTY OF HUTTE )
The Board of Supervisors met at 4:00 a.m, pursuant to adjournment.
Present: Supervisors Cameron, Madigan, McKillop, Richter and Chairman Ladd.
Clif Nickelson, Administrative Officer, Dan Blackstaek, County Counsel,
and Clark A, Nelson, County Clerk, by Margie Catt, Board of Supervisoxs Clerk.
Pledge of allegiance to the Flag of the United States of America.
75-777 APPROVAL OF MINUTES
On motion of Supervisor Cameron, seconded by Supervisor McKillop
and unanimously carried, the minutes of April 29, 1975 were approved as
mailed.
75-778 COMMUNICATIONS
Margaret L. Kopp, Oroville. Property damage claim is filed in the
amount of $10 for damages to car in county parking lot, corner
r 6 O. Z ~ of Huntoon and Robinson. Referred to County Counsel.
Inez Carroll, Paradise. Protest ie filed to assessment under Skyway
Assessment District No. 1. Copies to be made for Board members;
place is file for hearing.
Minasian, Minasian, Minasian, Spruance & Saber, Oroville. The attorneys
representing K. R, Whitmire Co., Inc,, a subcontractor on the
G Z Skyway Assessment District No. 1 project, write regarding their
~ p d . clients claim against contractor and possible impairment of chair
client's lien rights. County Counsel explained this item. This
lien relates to assessment district rather thaa to contractor. No action.
Mrs. Aileen Jennings, Chico. Mrs. Jennings writes regarding the hearing
/r 3.0 ~ held re denial of use permit for Kennel License. Discussed;
Mr. Nickelson to answer letter.
Mrs. Delores Dickens, Paradise. Mrs. Dickens writes regarding practices
~ 0.-,c0 of the "pound" in Chico. Discussed; inquiry will be made of
o~ the charges set out in the letter.
Mr. & Mra• Michael Kimberley, Chico. The Kimberley's protest the proposed
/ C G y ~ suiC by the Hutte County Mosquito Abatement District re use of
DDT. Information; no action taken.
Durham Recreation and Park District. District (ilea resolution requesting
7 ~ the Board of Supervisors to allow the directors and employees of
Q ?j . the Durham Recreation and Park District to enter the Butte County
group health plan. Referred to Personnel to make study to see if
feasible to handle; Mr. Rackerby will report back to the Board.
Local Agency Formation Commission. Commission sends notice of meeting
to be held May 12, 1975 at 9 a.m. in the Supervisors room.
` p0•~y Scheduled for hearing is the Weat Sacramento Avenue Anaexation
District No. 11. Information.
The Reclamation Hoard. Board forwards copy of its Resolution No. 75-3
approving the Reclamation District No. 2106's First Supplemental
c~~ 2„ O O Plan of Reclamation modified and amended to delete references
to the low levee referred to in the plan. Information; no action
taken.
Friends of the Parks of Oroville by Jean Minasian. They write in opposition
to the destruction of the fi. W. Ehmann House at the corner of Lincoln
Q (. Q O and Huntoon Streets, Oroville. Read and Discussed. Administrative
Officer to answer. Page 304.
May 6, 1975
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a v a a m= a a s a a a s d'9ya6s ~985v m s e s s s s m a m a a a e s m
Norma and Ciareace Brand. They write in opposition to increase in the
assessments in the Skyway Assessment District. Copies to be
made for Board members.
J. A.
~3
0~ Muto. Appeal of Planning Commission's decision on his application
1
. for a land division. To be discussed later in the meeting.
Frank L. Willis. He writes regarding the M. J. Steghenson and Lucille
~ a B. Stephenson property, in connection with faulty channel repair
0 0• and maintenance at the rear of 1505 Maazanita Ave., and the
adjoining properties. Biscussed. Referred to Clay Castleberry,
Director of Fublic Works, and County Counsel.
G. A.
~ Gore. Appeals Planning Commission's decision to turn down rezoning
/~3,a request, Set for hearing oa May 27, 1975 at 2:00 p.m.
Superi or California Comprehensive Health Planning Association. Read and
S
O ~ discussed. There will be a HSA preliminary organizational meeting
.
?~. b in Sacramento on Friday, May 9 1975. Art Gilman is an
Executive Committee member and he will attend the meeting.
Discussed; no action taken.
United States Department of Agriculture, Farmers Home Administration.
Inform the County that khe "Payment Authorization" which indicates a
~ 3O,Oa development grant of $742,000 and a loan of $808,000 has been
~°'v~ approved to construct a sewage system in the Thermalito Irrigation
DistricC, Couaky Service Area No. 26. Copies to be sent to Auditor,
County Counsel and to the Thermalito Irrigation District.
Mrs. Doris MacDonald. She requests a hearing and is appealing the decision
regarding a 4 lot division, south of Kathy Lane, west of Garner
Lane, Chico. To be discussed with Planning Department.
75-779 LETTER AUTHORIZED ENDO_R$IHG NATIONAL NURSING HOME WEECC
Supervisor Cameron read a letter from Mra. Filer, operator of
a nursing home in Paradise, requesting that the Board adopt a resolution
endorsing the National Nursing Home Operators Week. It was the Board's
policy not to declare any week but that a letter could be written
endorsing the week.
On motion of Supervisor Cameron, seconded by Supervisor McRillop
and unanimously carried, Administrative Officer was requested to write
a letter to tors. Filer endorsing "National Nursing Home Operators Week.
75-780 AUTHORIZE FILING OF NOTICE OF COMPLETION: HEATING & AIR CONDITIONING
UNITS AT HOSPITAL COMPEER
Gene McFarren, county arrchitect, reported on the heating and
air conditioning units at the hospital complex, He reported that the
work was completed except for the air balance. The air balance work
will be done when the people have moved into the various offices. Thin
is for the District Attorney and Probation offices. Mr, McFarren said
the work could be accepted with an attachment placed on the Notice that
the air balance work would be done after the building is occupied,
Request for notice of completion discussed.
On motion of Supervisor McRillop, seconded by Supervisor Madigan
and unanimously carried, the work of Arctic Aire of Chico for the hearing
and air conditioning unite at the hospital complex was accepted, the
Chairman was authorized to sign the notice of completion, with the attachment
guaranteeing the air balance work, and the Clerk was requested to record
said Notice of Completion.
75-781 DISCUSSION: GENE MC FARREN, COUNTY ARCHITECT, PRESENTATION OF PLANS AND
SPECS FOR PAVING AND STORM DRAIN MODIFICATIONS AT PUBLIC WORRS & PLANNING COMPEER
Gene McFarren, county architect, presented plans and specifications
for paving and storm drain modifications at the Public Works and Planning
complex and requested the Board to guthorize a Cali for bide to be opened
Page 305. May b, 1975
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n a c a o s a a v a v a a allay:6~ 1975a m a a m a a e a m m a s, m m m
Hay 23, 1975 at 2:30 p.m. in the Purchasing office. Mr, McFarren explained
the work to be done. Estimated cost for said work set at $52,060,
Work to be done discussed, Chairman Ladd did not feel that this work
would cure the parking problem. Chairman Ladd requested that this matter
be put over for further study. Board members will look at the site
and maybe bring back a better solution to the problem
Matter put over one week.
75-782 MANPOWER ADNIINISTEATION: APPROVE NON-FINANCIAL AGREEPII:NT: GRANT D9DDIFICATIONS
TO CETA TITLE II AND TITLE MODIFICATION TO 509
Jim Rackerby, Personnel Director, stated that a non-financial
agreement has bees prepared to approve the CETA Vocational 8ducation Grant
Between the State Department of Education and the Butte County Superintendent
of Schools in the amount of $68,109 for fiscal year 1975-76, The grant
includes counseling and vocatio nal education training for CETA eligible
participants and has been approved by the Manpower Planning Council.
Agreement discussed.
Mr, Rackerby requested that the PEP Grant Modification 19 be
deleted at this time.
On motion of Supervisor McKillop, seconded by Supervisor Cameros and
unanimously parried, the following action was taken:
1. Approved the non-financial agreement between the State Department
of Education and the Butte County Superintendent of Schools for CETA
Vocational Pducatioa Grant and the Chairman was authorized to sign.
2. Approved the CETA Title II Modification 508 grant and authorized
the Chairman to sign.
3. Approved the CETA Title grant modification 509 and authorized
the Chairman to sign.
75-•783 WAIVE FIRST READING OF SALARY ORDINANCE
On motion of Supervisor Richter, seconded by Supervisor Cameron and
unanimously carried, the first reading of the salary ordinance was waived.
75-784 REFER BUTTE COUNTY PERSONNEL APPEALS COMMISSION DECISION ~ FINDING
BACK TO TSE PERSONNEL APFEALS COtadISSION FOLIAWING DISCUSSION
The Appeals Commission submitted findings and recommendations in
the matter of Leslie Scott, discharge. The department head has failed to
implement the recommendations, therefore, under Section 8.9c of the
Personnel Rules, the Board is required to review the Commission's decision
and recommendations and render a final sad binding decision.
Jim Rackerby, Personnel Director, explained the situation. The
Board said they would like to hear from the Department Head and the person
involved.
Bob Jonas, Manager of the Butte County Employees Association,
appeared to represent the employee. Ae stated that all procedures were
followed at the matter of the appeal. It was found that the person should
not have been discharged, but he should have been disciplined. He
explained the action that should have been taken. Finding of the Appeals
Commission explained. The Appeals Commission held a two-day hearing on this
appeal. They are requesting that the Board affirm their decision.
Page 306.
May 6, 1975
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Myy~6a 1975
Board members queat~o ned Mr. Jones regarding the findings of
the Commission. Supervisor Madigan asked i£ these proc0edings were
recorded, The Board members could listen to the tape on these hearings.
Mr. Castleberry stand that Mr. Hal McDonald and Mr. Patten were
on their way over to the meeting. They had attended the Appeals hearings.
and are the direct supervisors of this employee. They had both talked
to the employee prior to his dismissal.
RECESS: 10:05
RECONVENED: 20:25
Mr. Castleberry stated that Mr. McDonald and Mr. Patten were now
preaeat and could answer any questions that the Board might like to ask
them. On December 18th Mr. Scott had been talked to about his insubordination.
He was counseled at faux other timesbefore he was dismissed,
The rules for employees state that unsatisfactory work and insubordin-
ation are dust cause for dismissal. Mr. Scott had been given promotions
while he was employeed is this department. Mr. Castleberry stated he felt
that there were ~uat reasons far the dismissal. The employees in the
department do not want to have Mr. Scott back in their departmenC.
Mr. Castleberry explained "reasonable cause" £or dismissal. He feels that
it would be a disservice to the other employees to take this man back into
the department.
Supervisor Madigan asked Mr. McDonald why the interviews with this
employee were not reflected during the hearings. Mr. McDonald stated that
they were set out in the hearings.
Supervisor Madigan question Mr. Scott about being counseled, ~61~~~13~
a dis~cueeion ae to. whether he 'had been counseled,'7~tx.-Scott~~aid thatr!fNo" he
fiad_not bean counseled by anyone. lie did state that he had been counseled
by Mr. Patten.
Mr. .Tones stated that the rules were specific. The Board is to
review the recommendation of the Commission and then make a decision.
He requested that the Board review the findings and recommendations of
the Appeals Commission. He feels that this is a very complex case.
Time spent discussing Che proce~'ure Co be followed an3 action
to be taken. Supervisor McKillop suggested that if the Board feels that
there is not sufficient evidence, the Board could send the matter back
to the Appeals Commission.
Supervisor Richter stated Chat he would have to support the
Commiasion~s recommendation based an Che findings. Re would have to vote
to have this man reinstated. The Appeals Commission had found that this
man had sot had sufficient counseling. Chairman Ladd said that up to a
point he could agree, but he does not know of any place in the personnel
rules that states thaC the County should supply this type counseling to
the employee. The employee should be told when he is doing wrong.
Supervisor Madigan said he wnuld like to have Chis matter referred
back to the Appeals Commission for further consideration.
On motion of Supervisor Madigan, seconded by Supervisor McKillap
and unanimously carried, the findings and recommendations of the Personnel
Appeals Co:~isaion in the matter of Leslie Scott, discharge, wss referred
back to the Personnel Appeals Co~ies~.$~~£or further Consideration and to
8 V
May 6, 1975
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a@ Q a C a O C a® a z O S i~e~ll~ C~i~aa m s s a s 4 lC v~~ a p~ A q~
make their findings more specific and more detailed than they are at present.
75-785 ADMINISTRATIVE OFFICE ITEMS APPROVED
On motion of Supervisor Cameron, seconded by Supervisor Madigan and
unanimously carried, the following action was taken:
1. Approved addition to cost of sun shade project for County
Service Area ~k34, Gridley Swimming Pool, to be handled by purchase order
in the amount of $122.
2, Authorized the purchase of two Stenocord- rabies at estimated
cost of $110 from available funds in the Administration equipment account.
3. Authorised establishment of change fund for Paradise Constable
in the amount o£ $20.Op.
4. Approved request of the Health Services Agency Director for
authorization for three members of the Mental Health Advisory Board to
attend theStatewide Mental Health Advisory Board meeting in Sacsamento
on May 28 and 29, at an estimated cost of $150.
75-786 BUDGET TRANSFERS APPROVED
Supervisor Cameron questioned the transfer of $4,400 in the District
Attorney's budget to professional and special services. Matter discussed.
Supervisor Cameron also question Mr. Nickelson about the transfer to
the BiggsJustice Court. This transfers sums from one account to another;
previously funds had been transferred to the account where the funds are
now being transferred from. He did not think funds should be transferred
into one account because it was short of funds they later transferred to
another account to purchase equipment. Mr. Bosworth explained the matter
o£ this transfer. This equipment had been in the budget when the budget
had been adopted.
Oa motion of Supervisor i~tadigan, seconded by Supervisor Eichter and
unanimously carried, the following budget transfers were approved:
•B-2,~7• Public Health - Family eaZth Services. This deletes the budget
established on page 342 of the .final County Budget. Total budget of ffi5g 423
is reverted to the reserve•f~r contineencies. (See B-238 following) ~
8-238 Public Health - Family Health Services. This establishes a new six-
month budget For the Family Health Services for the period January 1, 1975 to
June 30, 1975 based on federal-grant. This replaces appropriations deleted in
budget transfer 238. Total budget $60,217 to be financed by unanticipated '
revenue of ~50,198;'3,nLkind, non-county rent ~i,680; ~ttblic Health direct
expenditure transfers X4,943; and from the reserve for c_ontineencies~~3•,396.
Pfst amount reverted to the reserve far contingeneieu bbetween the two transfers
X55,027.
~-~ Welfare ~r.'anainistration. This transfers X28,300 .from salaries and
wages regular with X3,400 going to communications, X1,300 to postage, X1,300 to
rents and leases, X6,200 to ATP redemptions, $3,400•to public transportation and
trsvel, anal X1,000 to utilities. A11 within the Welfare Administration budget.
Increased rates and additional phones required by the moving the Food Stamg Unit
to the County Hospital is reason for the communications.' Ohange itt billing
method which now direct bills warrants and ATP postage to the Welfare budget,
rather than being included in Auditors oi'fice billing is reason for the postage
deficit, Rents and leases is because of an additional Xerox copy machine required
when Food Stamps moved to the County Hospital. Tha ATP redemptions is caused by
.._ _ .P'age-.3os_ ._ ._ . .
rsay 6, 1375
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May 6, 1975
~ ~ c m- a x m s o m s s ~ is c s •r s a s a m a e n c a c c o:: s s a
Food Stamp caseload higher than anticipated. Transportation and travel is caused
by increased rates and a state requirement for home calls in'cartain food stamp
cases. Increased utility rates are cause for deficit in this account.
B-260 District Attorney. $4,400 is transferred to professianal and special
services with X700 coming from professional and spacial services in the Family
Support Division and X3,700 from the reserve. AG Opinion 68-160 required the
county to pay the expanses of drawing blood for blood alcohol tests and we have
nc control over these amounts. Recent months have shown a great increase over
earlier experience.
B-261 Public Health.- Child Health and Disability Pror~ram. This transfer
increases and adjusts transfer P-58 which set up the Child Health and Disability
Program approved by Minute Order 74-1717. The net increase to this budget is
$11,096 coming from unanticipated revenue -. state_sid,Child Health and Disability
Grant. _ ~ ---- .. ..
8-262. ~ Control. ~1,OOD is transferred from professional ana special
services to other transportation and travel within the dog control budget and
is caused by more patrol mileage and increased cost of gasoline.
$-26g Public Works - General Administration and Mapping. X900 is transferred
from the professional and spacial services account in the mapping budget to office
expense in general administration budget and is caused by increased workload on
federal projects and increased prices for office supplies.
~_~ Biees Justice Court, X20 is transferred from jury and witness expense
to equipment account in the court budget and is to cover furniture cost higher than
anticipated in the budget (bookcase, podium, file, etc.). -
B-~ Agriculture. X35 is transferred from professional and special services
to Sosrd authorized travel and is to cover a committee meetix~ of the State Association
of Weights and Measures officials for John Houghton in San Jose which was not pro-
vided for in the budget.
B-266 Public Guardian. $9.13 is transferred from office supplies to equipment
within the Public Guardian°s budget and is to cover sales tea which was_inadverteatly
omitted from estimated price on calculator approved by the Board earlier.
B-267 Sheriff. X1,500 is transferred from prisoner~.care Northern California
Rehabilitation Center to other transportation and travel within the Sheriffs budget.
Unanticipated expenses incurred in the Card trail held in Merced and difference of
10¢ per mile which is reimbursed by POST and. rate'pa3~i by~the~.0ounty for officers
attending law enforcement schools is reason for the transfer.
B-268 Public Works - Yards and Storrs. X4,430 is transferred from the road
reserve to utilities account and is caused by increase in utility rates.
B-26~ Public Works - Engineering. ~14,94B is transferred from the road
reserve to other transportation and travel. Increased rental rates an assigned
vehicles and insufficient funds budgeted therefore necessitate the transfer. There
have been two rental rate adjustments this year totalling approximately 40% increase.
$-270 Farm and Home Advisor. $600 is transferred from the reserve to office
expense and is due to some unanticipated purchases plus risir~ cost of supplies.
B-271 Board of Supervisors. X1,200 is transferred from e xtra help to office
expanse within the Board budget. Postage charges of X450 to ~50D a month and heavy
duplicating charges are the reason. Mailings of rezoning and variance notices to
all, parties is_the•_primary cause fci,the de_ficit_. _ __ __ ... _ ._.
_ -- - --Yege 309.
rsay 6, 1975
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75-787 PUBLIC HEARING: PETITION FOR VARIANCE TO PROVISIONS OF SECTION 19-LO
and or 19-12 FILER BY MILDRED L R.E7OtOAT RENEWAL
The public hearing on the petition for variance to provisions of
Section 19-10 and/or 19-12 filed by Mildred L. Rexroat was held as
advertised. Howard Toussaint, Health Department, explained the petition,
stating that this was a renewal of tt~e petition.
Hearing opened to the public. Appearing: ao one appeared in favor
or in opposition.
On motion of Supervisor Madigan, seconded by Supervisor McKillop
and unanimously carried, the petition of Mildred L. Rexroat for variance
to provisions of Section 19-10 and/or 19-12 to place a mobile home upon her
property was approved for a period of one year.
Mr. ToussainC questioned County Counsel about the procedure
in the future with the adoption of the new ordinance. Mr. Blackstock
said he would give him a memo on the matter.
75-788 APPEARANCE: DOROTHY PARROTS _OROVILLE: GUN REGULATION BILL
Dorothy Paradis, Oroville, spoke to the Board concerning SB 650, relating
to registration of firearms There would be a registration fee of $2.00
for each gun. She feels that this bill would make criminals of all citizens.
Mrs. Paradis.sequeated the Board to go on record as opposing Che bill.
Mr. Blackstock was requested to obtain copies of the bill and will find
out the action taken by the California Supervisors Association regarding
this bill. Chairman Ladd stated he was opposed to any more gun control;
he felt the Board should take action on the matter. It was stated that
this bill would be discussed at the meeting to be held this week in
Sacramento.
No action Oaken at this time.
75-789 APPEARANCE: FRED ELEAZER, FILES PETITION REQUESTING STOPPAGE OF WORK ON
ORO-QUINCX & BALD ROCK RDADS & OPPOSITION TO WIDENING OF ROAD
Fred Eleaaer, Oroville-Quincy Road, filed a petition signed by
the residents of Oroviile-Quincy Road and reeir<enta of Harts Mill Community
opposing the widening of the Oro-Quincy Road and the Bald Rock Road.
They are concerned for the safety of their children. They request a
tes:porary halt in the work on these roads. Opposition to this work
explained.
Supervisor McRillop stated that this project was started many
years ago. The road they are referring to is that piece of road between
Harts Mili and the school. Rights-of-way will be seeded for the widening
of this road. He said that if there are this many people that do not want
the improvements made, then the project need not be done. He requested
that the matter be placed on the agenda for further discussion.
Request placed on the agenda for Tuesday, May 20, 1975. Copies
of the petition to be made for each Board member.
75-790 AFPFARANCE: PAT PORG4N9. CHI CO in re MATHEWS READY MIR PROPOSAL
Pat Porgans, Chico, and Jay McReenan, Emrironmental Law Group,
which is part of the California State University, Chico, spoke coe-eerning
the Mathews Ready Mix land exchange proposal. They spoke to Mr. Gordan
f/ 7j,0 d Mathews and asked him if he had a permit to operate the cement mix plant.
Upon investigation of the matter theq found that the permit is only for the
age I0.
May s, 1975
~:
s•'idJTr6t ~9Ae5m s ~ .s v tr
rock crushing operation. Mr. McKeehan felt there was a potential of an
illegal plant. They question the whole exchange of the land for an
organization that is operating an illegal plant. Mr. Porg Ass group
fa now requesting an investigation of this wetter, specifically pin-
pointing why they were able to operate for 5 years without a permit.
Supervisor McKillop stated he had talked to Stan Young, right-of-
way agent for Water Resources, and asked him to have an evening public
hearing set. Supervisor McKillop is to coil him back to find out the
date the mateer can be heard.
Supervisor Richter stated that the use permit is for the crushing
operation; there is nothing in the use permit for the cement plant.
He feels that the important thing is to get this plant out of that location.
Rose Muzzail, owner of property south of Mathews Ready Mix plant,
spoke concerning the restrictions on the property in that area. He had
the drag races on the property but they have been discontinued. He felt
that the property owners had to secure some Cooperation through the
governmental agencies.
75-791 MR. ELEAZER, REQUESTING CLlIRIFICATION ABOUT HALTING OF WORK ON BALD
ROCK ROAD
Mr. Eleazer requested clarificatfon about the halting of the work
on Bald Rock Read, particularly about the cuttin f the trees along this
road. The County authorized Public Works to do a Baring work on this road;
they are cutting tree, etc. This is the upgrading and minor realigaseet
work approved by the Board.
Mr. Castleberry said they are doing some clearing on this road; it ie
substantially completed. Bids have been advertised and will be opened this
week. They will stop cutting the balance of the trees. He recommended that
the Bald Rock Road improvements go forward. Work will be halted for one
week.
Supervisor McKillop will go up and look at the road with Mr. Castleberry.
He feels that this is gust maintenance work and should be done.
Matter net for the agenda for Tuesday, May 20, 1975, at 10:30 a.m,
The Board members will go up and take s lock at this road. The bids will
be opened for the project on Friday.
75-792 APPROVE USE OF RECEIVING HOME, REQUESTED BY WELFARE DIRECTOR
Mr. Crisan has secured a receiving home in the Oroville area to be
used for children taken into custody under W&I Code Section 600, Daily
rate per child $7 with monthly minimum payment of $500. Utiliseation
is such that it is not expected that any standby fee would need to be paid.
On motion of Supervisor Madigan, seconded by Supervisor Cameron
and unanimously carried, use of receiving home in the Oroviile Area approved
ae requested by the Welfare Director.
75-793 APPROVE AUCTIONEERS LICENSE FOA PAUL & JACK HARBOUR
On motion of Supervisor Madigan, seconded by Supervisor Cameron and
unanimously carried, the application for auctioneer's license for Paul
and Jack Harbour was approved.
page 311.
May b, 1975
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75-79k PUBLIC HEARING SET ON EXTENSION OF INTERIM "TM-2" FOR PROPERTY AT
FOREST RANCH
A public hearing was set for the extension of Interim "TM-2" (timber
mountain) for property located at Forest Ranch, more particularly described
as: all of Sea 5 and Sec 6, T23N, R3E, MDB&M, sad all of Sec 31 and Sec 32
T24N, R3E, MDBd~M. Excepting therefrom; the NE's of the 5E'~ and the SE~y
of the NEB of Sec 6, T23N, R3E, MD$6M. Also excepting therefrom: the
NW's of Sec 5, T23N, R3E, MD8&M. Also excepting therefrom: all that
property on both sides of and within 350 ft. of the centerline of Hwy. 32.
Hearing set for May 27, 1975 at 2:00 p.m.
75-795 HEARING SET: G. A. GORE-APPEAL OF PLANNING COM[~SSION's DENIAL OF
REZONE FROM "A-3", PROFE.^.TY LOC.ITED ON NW CORNER OF DURHAM HIGHWAY & OROVILLE
CHICO HWY.. DURHAM
Jim Lawson, Planning Director, reported on Planning Commission's
report of a denied rezone from "A-3" (agricultural) to "M-1" (light
industrial) property located on the NW corner of Durham Aighway and Oroville
Chico Highway. Identified as AP 40-i4-05, Durham, requested by G. A. Gore.
Appeal net for May 27, 1975 at 2:00 p.m.
75-~96 APPROVE TENTATIVE PARCEL MAPS RECOMFtENDEp FOR APPRQVAL
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, the following tentative parcel maps were approved,
subject to Che conditions, and with the note that negative Environmental
Impaet Reports have been filed, and that the findings are that the maps
conform to the General Plan:
Zoned A-2 Edward Sieber, Jr., AP 58-19-41, 2 lots, north-
G.P. 1-5 ac/du east of Lunt Rd., ea6t of Nelson Bar Rd., Yankee
Timb. Mt. Terrain Hill. Surveyor: John W. Hamby
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. Proof of water or place the statement on the map as required by
the Ordinance.
2. Indicate a 100 ft. septic tank free setback on each side of
the stream traversing parcel 2.
3. Show the location of the wells and the area suitable for installa-
tion of a septic tank system on the final reap.
9, peed to the County of Butte 30 ft. right-of-way from the center-
line of Nalsan Sar Rd.
5. Indicate a 50 ft. building setback from the centerline of Nelson
Bar Rd.
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 mu_itiple use open space, land in which the
Page 312.
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May 6. 1975
r n a a r m r r r~ r r r r r~ r ~: r .e r a r a r a r r r~ r r r r ~
slope is generally less than 25g 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 urbanization of
this land due to its location. Use for which it may be suitable
include, but are not limited to:
Watershed
Erosion control
wildlife habitat
gazing
Tree crops
Field crops
Scenic easements
Mine ral Extraction
Golf courses
Private outdoor recreation
Riding stables
Plant Nurseries
Flood control
green belts
The timber mountain classification is intended for those areas which
have value as timber producing areas, watershed areas, scenic areas,
recreational areas and areas which by their character and particular
topography require special treatment and protection to mitigate po-
tential damage. Residential development in these areas should be
confined to areas where the topography of the land will allow a
minimum amount of damage by way of erosion, siltation, surface and
ground water pollution or the destruction of scenic and historical
areas. Density should be considered on the basis of these factors
and weighed against alternate use of the areas far timber production,
recreation and watershed protection.
Zoned A-2 Danny Zretner, AP 56-21-55, 2 lots, southwest of Sig
G.P. Timb. Bend Rd., east o£ Hwy. 90, Yankee Hixl. Surveyor:
Mt. Terrain John W. Hamby
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 Qlanning Commission reeomrnend
approval of the tentative map, subject to the fallowing conditions:
1. On the final map delineate those portions of the parcel in excess
of 30~ and rote that those areas are unsuitable for a septic tank
system.
2. 'Proof of water pr placz.~ the statement on the map as required by
the Ordinance.
3. verify legal access.
+!. Provide traversable access and a road maintenance agreement.
5. Tndica'te s 50 ft. bu~.ldinQ setback from the c~nteriine of the
easement.
A Negative Declaration Regarding Environmental Impact was filed with.
the County Clerk on April 7, 1975.
The timber mountain classification is intended for #1'ioea areas which
have value as timber praduairrg aI8Q8, wa~xshed areb-B. scenic areas,
recreational areas and erase which by their charactBr_aaid pasttieular
Page 313.
May ~. 1975
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i s m as v m s o C~: a! C~iy:G~ 1975: s~~ e e s a o m u n~ r~ c
topography rcaquire special treatment and protection to mitigate po-
tential damage. Ytesiclentiax dgvela~aeat in these areas should be
confine8 to arses where the topography of the land will allow a
minimum amount of damage by way of eresi.on, siltation, surface and
ground water pollution or the destruction of soen#~c and historical
areng. Density should be considered on the basis of these f~tators
and weighed against alternate ttBA Of tha areas for tin~ar pradnc-
tion, recreation and wate!t~thed protc+ctitm. _
75-797 APPROVE TENTATIVE PARCEL MAP OF JAMES A. MLiTO OROVILLE
The James A. Muto tentative parcel map, AP 36-091-05, 2 lots, northeast
corner of Hearst Ave. & Las Plumes, Oroville, recommended for denial
discussed at this time. Mr. Lawson set out the background of Chia matter
and why the Planning Commission denied the map.
Mr. Moto present at this time and set out the facts regarding
his request for approval of the map. He said that out in the Villa Verona
area they have always used the centerline of the right-of-way. He did not
realize that they were in the new urban zoning and that requires 100'
from the center of the righC-of-way. He has had a new plan prepared.
He does not want to give the additional land for the 100' From the right-
of-way. The Lots are 12~' short o£ the rightsof-way. He needs the extra
land for his future plane for s subdivision.
Request discussed. The present ordinance requires the 100' depth
for the lots. Chairman Ladd did not think the subdivision map could be
approved because of the size o£ the lots. He :Gated he would aot object
to the approving of a v~~iance for this tentative parcel map. He said
that based on the evidence before the Board, this~map should be sent back
to the Planning Commission with a revised map setting out a depth of
100' for the lots.
Mr. Muto stated that if this was going to hold up the map, he
would go along with the 100' depth required. The Board felt the map
could be approved subject to the required 100' depth.
On motion of Supervisor Madigan, seconded by Supervisor McKillop
and unanimously carried, the James A. Muto tentative parcel map
was approved, subject to the conditions, and subject Co the lots being
1,00' in depth, with Che note that a negaCive environmenCal impacC report
has been filed and ~C$ the finding that it conforms with the General
Plan:
Zoned RT-1 James A. ~suto, Alt 36~-Q91-05, 2 lots, acr~east corner
r.P. 1-d du/ac of Hemrst Ave., and Las Plumes, Aroville. S~tgit-eer:
Von C,exdern
Pursuant to the requirements of Section 20.3 of the Butte County
Cad9, t'~e tentative parcel map of the above property has been re-
viewed by the Buttes County Subdivision Committee and the Planning
Commission. '
The Subdivision Committee and the Planning Commission xecommend denial
of t!ie tentative msg. Tf approved, the follo~,rinq conditions are re-
commsnded:
1. Indicate a 50 ft. buildincJ setback frort: the centerline of v-C
Road.
11 Negative Dsclarmtion Regarding Envi7conwental Impact was filed frith
tfie County Clerk on M~xrch 31, 1975. •
RECESS : 12 :10 - , __....
Page 314. May 6, 1975
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Reconvene: 1140
..M:y.6~ 19is5c . m ~ a a n a a a a a a a a
75-798 DISCUS5ION REGARDING SiCYF7AY 4TLDENING PROJIICT
Mr. Castleberry informed the Board that all contract items have
bees completed. However, there ere some areas thaC are not resolved
between the contractor and residents or businesses. These claims ere
outside the contract work. Two of the largest items are Pacific Telephone
and Paradise Irrigetioa District. Pacific Telephone has submitted a
claim for damages done to their facilities in the axes and PID fine billed
the contractor on their item.
Mr. Castleberry listed the names of four people who have charges
against the contractor. The only claim on the district is a Mr. Whitmaxe
in the amount of approximately $12,000. There have been claims on the
road contractor but most of these have been settled. There are also
claims involving subcontractors.
Mr. Blackstock stated that one suit has been resolved that
involves about $600 but the judgment has nok been received. Until it
ie received, the money cannot be released. The four named by Mr. Castleberry
do not effect the county as they are between the contractor and the party.
Chairman Ladd suggested that a list of the private party complaints
be seat to the contractor and that the parties be informed that the county
cannot be held reaponaible. Mr. Castleberry stated that one claim had
formerly been referred to him.
Mr. Blackstock stated that he hen been frustrated in his attempts
to have an a9~ustor sent up here to check on the claims. He discussed what
would happen if these people were forced to file suit. As of now, the
amount of money involved is small but if the suite are filed, the amount
can go up drastically. Chairman Ladd felt that the county is indirectly
involved and that the county should insist an an adjustor being sent up
here. Discussion.
Bruce Grinnell, attorney for the contractor, explained why the
contractor was sot present. He had thought that the contract Items had
been completed and everything was resolved. Mr. Grinnell stated that the
claims discussed earlier are no problem as the contractor has insurance
to cover them.
Discussion of whether items an the contract have been completed.
Supervisor Madigan stated that he didn't feel the county should have to
pursue the insurance carrier in this matter.
Mr. Grinnell objected to the Board withholding payment of the
money €or the small amount that ie involved on the claims. He suggested
that a sum be withheld from the total which would cover these claims.
Mr. Grinnell discussed a letter that he presented to the Board
regarding this matter. A copy of Chia letter was filed with the clerk.
A portion of the letter involved McCain Associates and the insurance they
carry, and its connection with the county.
Supervisor McKillop objected to the meeting taking this course;
he was under the impression that this meeting was held to discuss alternate
ways of financing the contractor. Mr. Grinnell again stated that he would
be willing to stipulate to a flat avm being withheld from the total coat.
Page 315.
May b, 1975
Hay 6, 1975
e m o~ m m e e~~ e v e a v~~ ~~~~ s~~ e Q e~ o~ ~~~~ a
Mr. Grinnell also set out his ideas on whether the district is
in the original assessment laws or should now be considered under the
reassessment laws. He feels Supervisor Cameron's motion effected a
reassessment sad therefore should be considered as such under the law.
Discussion.
Mr. Blackstock stated that the district is set for discussion
/ on May 13 and that there is ao way funds can be advanced from the assessment
district. He also would not change his opinion unless in€ozwatioa from
bond counsel warranted such a change.
Mr. Grinnell again. discussed his letter. However, Mr. Blackstock
stated that all this information had been given to the Board in a letter
from Mr. Blackstock. Mr. Grinnell stated he had not been aware of such
e letter.
Supervisor Madigan questioned regarding notice procedures in
the case of a reassessment. Mr. Blackstock explained this item. He stated
that bond counsel has sot taken the position that it is a reassessment
according to the Streets and Highways Code. Mr. Grinnell made closing
remarlce. Mr. Blackstock stated that bond counsel could respond to the
Boards questions if requested.
No action taken.
Recess: 2:15 for an executive session
Reconvene: 3:30
Chairman Ladd stated that personnel and litigation had been
d!s cussed during the executive session and that there was nothinyg to
report at this time.
75-799 APPROVED PLANS ANA CALL FOR BIAS FOR REMODELING OF EXTENDED CARE
FACILITIES
Mr. Castleberry stated that the plans have been reviewed by
the Building Conmiittee, although these are the finalized plane. Basically,
there have been ao changes since they were reviewed. Chairman Ladd
and Supervisor Cameron stated that they had discussed the plane with Mr.
Fox earlier today.
On motion of Supervisor Cameron, seconded by Supervisor McKillop
and unanimously carried, the Board approved the plans for remodeling of
the extended care facilities submitted by Tom Fox, and authorized a call
for bide to be opened at 2:00 p.m., May 28, in the County Purchasing Dept.
75-800 APPROVE 6ALE OF BASE ROCK TO CITY OF GRIDLEY
Hr. Castleberry stated that this would come from the county's
stockpile at Almond Avenue. It would be for an amount determined by the
Auditor to cover the cost of handling.
On motion of Supervisor McKillop, seconded by Supervisor Cameron
sad unanimously carried, the Board approved the sale of base rock to the
City of Gridley, with price to be determined by the County Auditor.
Page 315.
May 6, 1975
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75-801 DISCUSSION: JUVENILE HALL CONSTRUCTION IN5PECTOR CONTRACT
Aar. Castleberry stated that the Board had previously authorized
acquisition of a full-time inspector. Mr. Ward has selected Phil C.
Barjaueki and has suggested a salary of $1,300 per month. Air. Barjouski
would be working under contract for the Hoard but not for benefits.
An inspector works under the direction of the architect, who fa the
Board's representative on the job.
Chairman Ladd asked about the liability insurance. Mr.
Blackstock stated that he would research it as he did not have the
information immediately available. Mr. 8lacketock stated that if he ie
an independent contractor, the county would have to be proven negligent.
Discussion of the insurance.
Mr. Castleberry stated that this man would like to be hired
as an employee but the additional coat besides salary would be about
$3O0 per month. Discussion o£ placing a rider on the insurance policy.
This matter is to be researched and held over one week.
75-802 ADOPT RESOLUTION 75-77 APPROVING THE ENGINEERING CONTRACT WITH
COOK AND ASSOCIATES HOR CLARK ROAD ASSESSMENT DISTRICT
Mr. Castleberry stated that this is necessary before reasonably
close costa can be determined prior to actual spreading of assessments.
Mr. Eastleberry stated that the coat of the pro3ect has been reduced about
20 percent with a possibility of a further reduction.
This district w111 be for curbs, gutCera and drainage. Mr.
Castleberry stated that to do this without some drainage would not be
very wise 1n the long run, This contract is to do all the engineering
function srelated to the district, which is being formed under the 1913
Act. Chairman Ladd questioned as to how the final coat could be known
before the work is completed. On this particular type of assessment
district, the county advertises for bide and there ie a final bid before
the spread is done. Mr. Castleberry emphasized that this district is
for curb e, gutters and portions of the drainage.
Discussion of what happens if the bids are too high and the
district does not go through. Mr. Castleberry suggested that the funds
could come from the overall planning far storm drainage. Discussion of
where funds could be obtained.
Oc motion of Supervisor Cameros, seconded by Supervisor Madigan
and unanimously carried, the Board adopted Resolution 75-77 approving the
engineering contract for the proposed Clark Road Aeaessment District
based on 157 of the construction coats with the provision that if the
district does not go through, the funds will come from the overall
drainage district, County Service Area X38 and that this contract is
subject to the approval of County Counsel and Auditor.
75-803 APPROVE FIATAL MAP: KASZA MOBILE HOME ESTATES
The road and drainage improvements for the subdivision are
complete and a right of way has been deeded by separate document to the
county. A cash maintenance bond hoe been flied with the County Clerk
in the amount of $5,000. page 3i7.
/'~ Safe ~ n ~oaw'~y C/er~t'C a 'F'Fi c ~ , ~Y 6, 1975
/'~ l"'~
m ~ m~em. ~ 4~ a.n d~:a~ ~E,olg7~ ~. a ~.a4 sa o ~. a m ~.
On motion of Supervisor Madigan, seconded by Supervisor Cameron
and unanimously carried, the Board approved the final map for Kasza Mobile
Home Estates subdivision and commenced the one year maintenance period.
75-804 MEETING SET FOR DISCUSSION OF MATHEWS READYMIR MATTER
Supervisor McKillop stated that he had contacted a Mr. Young
to seta meeting for discussion of the Mathews Readymix matter. Aiacussiou•
Meeting scheduled for May 14, 1975 at 7:30 p.m. in the Board of
Supervisors' Room.
75-805 APPROVE AGREEMENT WITH PARADISE IRRIGATION DISTRICT
Mr. Castleberry stated that this had been presented before
at which time he had been instructed to renegotiate on some matters.
He explained the changes that had been made.
On motion of Supexisor Cameron, seconded by Supervisor Madigan -~
and unanimously carried, the Board approved the Agreement with Paradise
Irrigation District, Skyway at Magalia Dam projecC number 51261-70-1,
subject to approval by County Counsel sad authorized the Chairman to sign.
75-806 ADOPT RESOLDTION 75-78 DECLARING THROUGH HIGHWAYS
On motion of Supervisor Madigan, seconded by Supervisor McKillop
and unanimously carried, the Board adopted Reaoltuioa 75-78 declaring
through highways (EL Paso Way from East Ave. to Lassen Ave.;
Royal Oaks Drive from Canyon Drive to Kelly Ridge Road) and authorized
the Chairman to sign.
75-507 APPROVE AGREEMENTS FOR RIGST OF WAY ACQUISITION
On motion of Supervisor McKillap, seconded by Supervisor Madigan
and unanimously carried, the Board approved the fallowing agreements
far Bale for right of way acquisition, authorized the Chairman to sign
and authorized Auditor to issue warrants upon demand of county's escrow
agent:
Bald Rock Rd. 4460SA-71-1 Leon 3ohnson et ux .337 $1,000 no impr. $1,000
Oro-Quincy 27561-73-1 Rodman T. Meyer .031 350 " 350
75-808 INFORMATION AND DISCUSSION ITEMS: PUBLIC WORKS
Mr. Castleberry informed the Board that the Building Hepartmeat had
taken in $37,000 in building fees during the month of April. Mr. Castleberry
also informed the Board that the roofing on the Covered Bridge had been
completed; a meeting had bees held regarding "Your Taxi"; and that copies
of the parking lot layout would be left for the members.
75-809 ADOPT ORDINANCE 1580 AMENDING COUNTY CODE SECTION 19-19
Mr. Blackatock stated that the amendment would delete the hearing
portion but that Board action w4Y~~ ~tl~ll be required.
May 6, 1975
a a m a a a a m a a a a a r•gy.n6s ~9E5a m .s r r a r a s: a a s a a m m
On motion of 5upervieor McKillop, seconded by Supervisor Cameron
and unanimously carried, the Board waived the second reading and adopted
Ordinance 1580, amending Butte County Code Section 19-19 (mobile home
variances), and authorized the Chairman Co sign.
75-810 APPROVE AGREHMENT WITH! ROBERT W. KIRKMAN
Mr. Blackstock explained that he had received a copy of a guarantee
agreement regarding the Kirkman matter on Cexes Ave. This has-been before
the Soard previously and involves trying to get a building permit for
Mr. Kirkman, an innocent buyer, for land that was illegally divided.
This agreement provides that Mr. Kirkman will deposit $2,500
in a savings institution, retaining the right to the interest, for a
period of five years. This money is to be used for putting in Mr.
Rirkman's share of improvements if they are ever installed.
Mr. Castleberry stated that he had not agreed that $2,500
will be enough to cover the coat of the improvements. He suggested that
it be stated that this amount would be applied to the cost of the improvements
if the cost exceeds $2,500. Mr. Blackstock stated that this agreement
is preferable to a bond.
On motion of Supervisor Madigan, seconded by 5upervieor Richter
and unanimously carried, the Board approved the guarantee agreement with
Mr. and Mre. Robert W. Kirkman, with the provisica that the $2,500 will
apply toward the fair share of Mr. Kirkman's cost of the improvements,
when and if they go through, and authorized the Chairman to sign.
75-511 APPROVE MOTYON OF TNTHNT TO COOPHRATE WITH CITY 4F CHICO RE CHICO
AIRPORT CLEAR ZONE ACCESS
Supervisors Madigan and McRillop attended a meeting regarding
the clear zone access and brought beck a map showing the areas to be
included. The area proposed will take in few houses. Supervisor McRillop
stated that the local share of the $895,000 cost would be $150,000.
The proposal is for the lend to be bought and then leased back. Over several
years, the county would be reimbursed for its cost.
Supervisor Richter suggested buying the right to the land instead
of the land itself. Supervisor Madigan stated that the federal government
will not approve that method. In order to get the grant, the land must
be purchased.
Supervisor McKillop proposed that the county participate up
to 50% of the cost ($75,000) on the concept that it is a regional airport
and that~the county would have dual ownership as to selling portion of the
property, leases, etc.
Discussion of development rights method of acquiring the lend.
Chairman Ladd felt this would leave the county with some liabilities.
5upervieor Madigan explained that a portion of the intended area is a
portion of a subdivision. This will be leased hack to the subdivision
for use for their sewage facility. Supervisor McKillop felt that this
action should be taken now.
Discussion of one small home in the area that had been prgpoaed'
for not being bought by the city sad county. Chairman Ladd felt that all
Page 319.
May 6, 1975
~. r
._.~....a..~..~~~6,~1975 ~......:.~....~:
property should be bought to safeguard against future lawauiCs. Discussion
of the condition of the house.
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, the Board approved a motion of intent to cooperate
with the Qity of Chico with khe lease-back arrangements as stated by
Supervisors Madigan and McKillop, with the county participating up to 507
($75,000) cad with the county having 507 ownership and receiving 50% of
the income.
75-812 DISCUSSION: AB 1414. CHANGE OF JUDICIAL DISTRICTS
Mr. Biackstock explained that AB 1414 would change the judicial
districts but would not rearrange the courts. In essence it would withdraw
the authority from the Board to design the district and possibly it would
end up with a countywide court district. Discussion.
Supervisor Madigan explained that he had this matter placed on
the agenda far any poeaible Board action as this will be discussed in
Sacramento this week.
No action taken at this time.
75-813 APPO TO MENTAL HEA7,TH ADVISORY BOARD HELD OVER
Chairman Ladd stated that he had not been able to contact
the gersoa he had in mind for the appointment and would like to have
this held over.
Matter put over to May 1,1975.
75-814 AUTHOR22E LETTER OF OPPOSITION RE REGISTRATION OF VOTER5 BY POST CARD
Supervisor Madigan stated that he had read of two bills in
Washington proposing registration by poet card. He fait that the Board
should iet•the legislators know the Soard's feeling on the matter.
On motion of Supervisor Madigan, seconded. by Supervisor
Cameron and unanimously carried, letters of protest were authorized to
be sent regarding the post card registration bills to the appropriate
Legislators.
75-$l5 DISCUSSION: FORMATION OF HEALTH SERVICES AGENCY
Supervisor Cameron requested guidance from the Board members
seta their position on whether the health services agency should be
formed as a non-profit orgenizatioa or by a joint powers agreement. Ae
stated that he is opposed to the county taking the "big cheese" position
as suggested previously.
Mr. Biackatack explained the pros and cans of each method.
A skeleton joint powers agreement hoe been prepared. In this, the joinC
powers group would appoint the planning-governing body. Discussion.
Mr. Nickelson stated that the planning-governing body could possibly
be made up from the already existing agencies.
Yage 320.
May 6, 1975
t"~ ~~
May 6, 1975
i i i i i O i i Q i i i i E i i i N t s C O v i i i S 6 6 i f i i i i i
Chaixtnan Ladd stated he would approve the joint powers agreement
method. Mr. Nickelson thought if this method was used, it would be taking
the other agencies into the staff of the sew agency and would avoid
some problems.
Chairman Ladd and Supervisor Cameros and McKillop agreed
that the joint powers agreement was the beat method to use.
75-816 DISCUSSION: HIGHLAND PARK SUBDIVISION
Supervisor Richter stated that he had been requested to get
the Board's assurance that if the Highland Park Subdivision were to
go through, that the Board would restrict any further urbanization in
the area. It has bees suggested that a citizens group work in conjunction
with the Planning Department and look at the County General Plan and update
it in that area, Discussion.
It was the consensus of the Board that they would support a
citizens group working with the County Planning Department to immediately
update this portion of the General Plan.
75-817 DISCUSSION: PARKING AT OLD COUNTY HOSPITAL
Chairman Ladd suggested that the Building Committee meet with
Public Works for a recoaoaendation on the parking at the site. Scott
Tandy has already started on this and Mr. Castleberry is working with him.
A meeting was set for May 12 for the Board to look at this matter. The
meeting will be held after the LAFCO meeting.
Chairman Ladd also stated that the Personnel Appeals Commission
will be meeting next week and will report to the Soard on May 20.
pD30URNMENT
There being nothing further before the Board at this time, the
meeting was adjourned at k:35 p.m. to reconvene on Tuesday, May 13,
1975 at 9:00 a.m.
Chairman of the Board
ATTEST: CLARK A. NELSON, COUNTY CLERK
By: Board Supervisors Clerk
Page 321. May 6, 1975