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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 ~~ n _ 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 ~ (~~ 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 ~ ~"` 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 ~ ~ __ 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 r .`* r 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 ~ Ma~ 6,1975 : s a ... . . . . .e : e a ~ . . e . . . . ,. : . s m a ~ . 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 ~ ~ p 2 a g A W iC C '~ 4 A R A! R ~~ 6 ~v 1~17G R n w v A v G a O v 4 m c p~ A 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. _ ~ May b, 1975 r*. - r, 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 n ~~ 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 ~~ n a e a s s a e a a a a a 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 n a s a o c s e a ss a s a a s ii sMts~'s6f 19i5s e s: a a s s s m a a: s a a 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