HomeMy WebLinkAboutM051474
May 14, 1974
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board o£ Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Cameron, Gilman, Ladd, McKillop and Chairman Madigan.
Clif Nickelson, Administrative Officer, Dan Blackstock, County Counsel and
C1 ark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk
INVOCATION: Clif Nickelson, Administrative Officer
Pledge of allegiance to the Flag o£ the United States of America.
74-720 APPROVAL OF MINUTES:
On motion o£ Supervisor McKillop, seconded by Supervisor Ladd and
unanimously carried, the minutes of May 7, 1974 were approved as mailed.
74-721 COMMUNICATIONS
Mrs. Rose Holland, Chico, Mrs. Holland requests the Board to continue as
Z g,D O the CAA and in support of the Chico Community Child Care Center.
See discussion and action later in ttae minutes.
Deborah Stamps, Chico. Writes in support of continuation of the EOC anal funding
G Z Q,b D for the Chico Community Child Care Center. See discussion and
action later in the meeting.
Chico Community Day-Care Center. The Director writes in support of continuation
yr{,~ O of the EOC program in Butte County. See discussion and action
following communications.
Leslie Mahon, Chico. Writes in support of continuation of the Board as the
X4,0 ~ CAA, and in support of the Chico Day Care Center. See discussion
and action following communications.
Sharon Sibley, Chico. Writes on behalf of the parents of the Head Start Day
Zg,O ~ Care Center in sugport of continuation o£ the EOC and the Day Care
Center. See discussion and action following communications.
y~~~ico Area Legal Services, Inc. Writes in support of continuation of the EOC.
(~ See discussion and action following communications.
Concilio Mexicano. Writes in support of the Gridley Multi-Service Center
Z,Q",~ a (supporting EOC retention). See discussion and action Following
communications.
aaNAACP, Butte County Branch. Writes in support of the EOC program.
Zg See discussion and action following communications.
~j~1AACP, Butte County Branch. Requests a voting seat on the EOC Administering
b y~, Board. Discussed. A mffimber of this group will sit on the Administering
Board on a nonvoting basis.
Ann and Jerry Bonnice, San Francisco. Requests to be excluded from interim
0 a zoning (Parcel 048-03-4-067-0). Refer to Planning Dept. To be
/~ 3, discussed when Mr. Lawson is present.
Mrs. C. L. Harris, Paradise, Protests the proposal made last week to interim
8 zone in existing A-R area to A-R MH so as to immediately allow a
~~ ~'O prohibited use. To be discussed during public hearings this
afternoon.
O.K. Smith, Magalia. Writes in opposition to the moving of the Public Works
g.y s', Ot'3 equipment yard to the county dump site. No action taken.
Page 492.
May 14, 1974
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Laurie Bland, Chico. Writes in support of ,funding for a Chico Neighborhood
k~ealth Center to be opened in the Chapman area. Referred to
3 ~-~pD r• Enloe for response to the letter.
Downey, Brand, Seymour and Rohwer, Sacramento. Sends copy of letter written
on behalf of Reclamation District No. 2106 to the Director of the
'~ ~O•~ ~ Department of Fish and Game xe investigation and study of the
impact of proposed plan of reclamation on fish and wild life within
the Upper Butte Basin. Discussed; no action taken,
Bauer and Cornell, Chico. Attorneys present claim on behalf of Mr. Thomas
~ ~G•Z ~ M. Klassy. See motion following communications.
Butte County Coordinating Council for Developmental Disabilities. Requests
consideration for $150 budget allocation to pay mileage to Butte
9 ~ County representatives serving on the Board of Directors for the
V ~'' Far Northern Regional Center Serving the Developmentally Disabled.
To be discussed at budget time. Adm. Officer to answer letter.
Chico Social Services Committee. Sands copy of letter submitted by the
3 ~O,Ca Council to the City of Chico re program needs. No action needed,
Paradise Barracks No. 304, Veterans of World War I, U.S.A. The Barracks
requer-ts appointment of Mr. Leonard G. Ellis to represent the
~~ 0~ Barracks on the Memorial Hall Committee and the removal of
Mr. Joseph F. Tomascheski from the Committee. The change requested
is because of illness o£ Mr. Tomascheski. The Memorial Ha11
Committee has endorsed this request. See motion following
communications.
Local Agency Formation Commission. The Commission files its Resolution
p ~ No. 74-12 approving the establishment of County Service Area
~ 3 ~' Na, 51. Purpose of the area would be for maintenance, right
of way acquisition and improvement of Dry Creek and its tributaries
within the District. Discussed, To be placed on the agenda for
action,
Loc~ Agency Formation Commission. The Executive Officer reports on the
I~3 ,~ subject of Environmental Review. Discussed; no action taken.
Glenn-Colusa Trrigation District. The District writes regarding flooding
causes and damages ahang the upper Sacramento River and the
e~f Z •~a possibility of changing operational criteria for the Shasta
Reservoir. Discussed, Copies to be made for Board members.
Referred to George Stamm £or study and a report to the Board.
State Department of Water Resources. The Department forwards estimated
~~ ~,Of1 water supply contract charges far calendar year 1975.
Referred to George Stamm for study and report to the Board,
State Department of Water Resources. The Department files certification
of amounts needed for operation of maintenance areas 5,7 and 13
~~•a Q for the next fiscal year. Referred to George Stamm for study
and a report to the Board.
Skate Aepartment of Health. The Department responds to the Chairman's
O O ~Ofl letter to Dr. William Mayer, director, in opposition to the
"3 proposed license application fees for foster homes. Hearings
will be held on this matter and theCounty will be notified.
Adm. Officer to send home operators copies of letter.
The Reclamation Board. The Board forwards proposed regulations concerning
requirements for applications within Butte Basin for control of
~j/~~+~ d encroachments. Sup. Gilman suggested that theEoard read ttas letter
carefully. Refer to Geo, Stamm to report back next week.
Darryl R. White, secretary of the Senate. Forwards copy of Senate Concurrent
ap Resolution No. 85 relative to traffic signal synchronization.
I ~~' Refer to Public Worlcs Director,
"f +^ Page 3.
May 14, 1974
________________May_14,=1974=-===______-_-~-
USDA Forest Service. Writes regarding the Fibreboard Corporation=s
exchange offer of Iand in theTahoe Basin and various alternatives
~p 0 3~ being considered, including Congressman Johnson's bill HR 13852.
It was stated that they are working on this matter so County will not suffer
USDA, Plumes National Forest, Forwards draft of environmental statement
for the land use plan of the Bucks Lake Planning Unit. Comments
t~?J ~ on the draft should be sent no later than July 2, 1974.
Discussed; no action taken. Referred to Sup. McKillop.
Congressman Johnson. Mr. Johnson writes regarding the National Park Service
,L y decision not to open the facilities at Manzanita Lake in Lassen
~ p d• National Park. Copies to be given to Supervisors Cameron and
MetFi 1 lop .
City of Chico. They inform theBoard that the City's Social Service Advisory
/ O 0.~ 0 Committee believe that it is essential that the Board of Supervisors
continue to sponsor and give financial support to the EOC.
To be discussed later.
Office of Economic Opportunity. Telegraphic message, stating that the Governor
has not disapproved Grant Number CG-90181-02.
Community Garden Project, They urge support of postponement of devestment of
EOC.
Rape Crisis Intervention Group, by Ann Marcus, Chairwoman. They request
~ 6 7-.ti ~ consideration of being granted Revenue Sharing funds. To be
discussed later.
Area II Developmental Disabilities Planning Board. They urge the Board to
G ~~~ p replace Mr. John Reese as a member on this Board. Referred to
3 Administrative Officer for study and to be=placed back on the
agenda for action.
Peter D. Peterson. He writes about a serious erosion and flood problem on
his property due to a change in the course of the Sacramento River.
yl.L,O ~ Letter read and discussed. George Staemn and Mr. Peterson present
to discuss the communication. Mr. Peterson is asking for support of
his building the levee along the flood way, A map showing his property
and the course of the river set up and discussed. See motion
following communications.
74 722 DISCUSSION BY REPRESENTATIVE OF S?`ATE RECLAMATION BOARD REGARBING PROPOSED
REPAIR WORK ON MURPHX SLOUGH NEAR SACRAMENTO RIVER
Co }:, McCullom, State Reclamation Board, made his presentation at
this time regarding proposed repair work on Murphy Slough on the Sacramento
River, He introduced Mr, Gomez, consultant, and John Wright, supervisor of
levees for the Reclamation Board.
Coi. McCuiiom set out the problem on Murghy Slough. This has been
an area of concern for the Corps of Engineers for a number of years. He
gave the background of the break through of the river during periods of high
water. This has caused a gxeat deal of damage.
Mr. Gomez explained the hydraulic condition and what might occur
along the river, He feels that this condition has serious potentialso He
said he took it upon himself to ask the Department of Water Resources, the
Reclamation Board and the Corp of Engineers to take a good look at the
problem and if it was as serious as he thought it might be. He saw in the
problem the potential of the river getting out of control. If the agencies
involved should loose control of the river, tee saw damages in the hundreds of
millions of dollars. He said he does not claim to know that this is
about to happen. 'The levees have to be reconstructed to stop the river from
going across the ranches. Everything possible should be done to keep the
Sacramento River from getting out of._coietaral.
Page 494. May 14, 1974
May 14, 1974
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Co1. McCullom said the problem area is within the Sacramento
Bank Protection Plan. Assurances are needed for this work to be done.
;,That they are requesting today is to give consideration in
joining in a joint assurances agreement with the four counties involved;
counties involved are Butte, Sutter, Colusa and Glenn. Assurance
agreement explained by counsel for the Reclamation Districts A hold harmless
provision is required in such agreements. After the agreement is signed, the
County can then decide whether they would Like to form a maintenance district.
Supervisor Gilman said he wants the Board to be conscious of
what they are being asked to participate in and the potential liability
of the County.
Agreement discussed. No action taken at this timed The Board took
the matter under consideration at this time.
74-723 DISCUSSION: RESOLUTION REQUESTING THE ADOPTION OF AB 2910
Resolution requesting the adoption of AB 2910 discussed. This is the
bill that requests a third court in Butte County. Dan Blackstock, County
Counsel, set out the background of the bill. He stated that Senator Marler's
bill was before the Assembly at this time; this is for the funding of the
Shasta Court.
Supervisor PicKillop suggested that the bill be supported, with the
funding placed in the bill. The hearing on Senator Marler's bill is to be held
in Sacramento this afternoon. Mr. Blackstock will be present at the hearing
to argue for the bill. It was the Board's feeling that the third Superior
Court is needed in Butte County, but they felt that the move should come along
with the approval of the Court. CSAC had accepted the bill with the funding
included.
It was the feeling of the Board members not to act on the resolution
at this time.
74-724 DISCUSSION: RESOLUTION ADOPTING AMENDED ENVIRONMENTAL REVIEW GUIDELINES
Dan Blackstock, County Counsel, explained the proposed resolution
adopting amended environmental review guidelines. He said the amendments are
not of major consequence. Amended guidelines set out and discussed. Pees
explained° Tt was felt that maybe the Board should wait to take action on
this resolution until Mr. Lawson could be present to discuss the matter of
the fees, whether the fees should be lowered from $25.00 to $10.00.
Matter put over until Mr. Lawson is present.
RECESS: 9:55
RECONVENED: 10:10
74-725 WAIVE SECOND READING: ADOPT ORDINANCE 1451 AMENDING SALARY ORDINANCE
Proposed ordinance discussed. Supervisor Gilman asked if the
ordinance applied to the department heads and elected officials. Mr, Nickelson
said that it did apply to them; it applies to everyone that works for the
County. This would give everyone a 10.2% salary increase.
On motion of Supervisor McKillop, seconded by Supervisor Gilman
and unanimously carried, the second reading of the salary ordinance amendment
w as waived, Ordinance No. 1451 amePn$ eng9She salary ordinance was adopted and the
Chairman was authorised to sign, g ~+
Nay 14, 1974
__ _ _ _ _ _ _ _ _ _ _ _ _ _ Ma,~ 14~ 1924= _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
74-725 APPROVE REQUEST FROM BUTTE COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR
INDEFINITE POSTPONEMENT OF DIVESTMENT.
Time spent discussing the request from Butte County Economic
Opportunity Council for indefinite postponement of divestment.
Mr. Blackstock stated that he had discussed the divestment of EOC
by the County with the Regional Office in San Francisco; they advised him
that the bill for funding the EOC has cleared the committee. The bill
places Che whole program of EOC under HEW. He explained the letter
he had received; copies of the letter was presented to the Board members
and the Clerk. If EOC is put in the HEW concept, axone knows what will
happen to the Community Action Agencies, The grant package only funds
for four months, If the Board of Supervisors amends the resolution
concerning the time of divestment, the EOC in San Francisco has no objection
to spending the funds past July 1st.
Mr. Blackstock explained the situation. If the County writes to
San Francisco stating that they will take care of any close-out costs,
then they will not object to the County spending any funds past May 30tho
Nadeen West spoke on the matter of close-out costs; they will include the
property and the audit.
Supervisor Gilman said he can appreciate the feeling of these
people. The Board had made it clear that the decision to divest themselves
of the EOC was quite firm. The County has attempted to provide leadership,
He feels that the County has reached the end of the string.
Supervisor McKillop said he has been as firm as the others, but
he feels that there has been some attempt by Congress to put the matter in the
hands of other agencies. He said that maybe Congress could help solve the
problems of theCounty and maybe the County should not divest themsel£
of this agency at this time..
Chairman Madigan said he felt that maybe the Board should give
consideration of postponing the divestment at this time. Supervisor Cameron
agreed with this'statement.
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and carried, the Board postponed, not indefinitely, the divestment of Butte
County Economic Opportunity Council until the County receives direction
from the Federal Government as to what they are going to do in the matter,
AYES: Supervisors Cameron, Ladd, McKillop and Chairman Madigan
NOES: Supervisor Gilman
74-726 REJECT CLAIM OF TOM KLASSY
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
unanimously carried, theBoard rejected the claim of Tom Klassy in the amount
of $250,000 and referred the claim to County Counsel.
74-727 APPROVE APPOTNTMENT._TO PARADISE BARRACKS N0. 304, INC. VETERANS OF WORLD WAR I
On motion o£ Supervisor Cameron, seconded by Supervisor McKillop
and unanimously carried, the appointment of Mr. Leonard G. Ellis was appointed
a member of the Paradise Memorial Hall Committee, a member of Paradise Barracks
X304, Veterans of World War I, to replace Mr. Joseph F. Tomascheski, who is
no longer able to perform the duties of a Committee member due to physical
disabilities.
74-728 AUTHORIZE GEORGE STAMM TO WRITE LETTER TO STATE REQUESTING THAT THE
PETERSON LEVEE CONSTRUCTION BE GIVEN A HIGH PRIORTTY
On motion of Supervisor-Gilman; seconded by Supervisor McKillop
-Page 496. May 14, 1974
May 14, 1974
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and unanimously carried, George Stamm was authorized to write a letter to the
5t ate Reclamation Board requesting that the Peterson levee along the Sacramento
River be given a higher priority so that Mr, Peterson can do the work at his
own expense, and that the letter be signed by Chairman Madigan, sending a
copy of the letter to the Corp of Engineers.
74-729 APPEARANCE OF MR. GEORGE TAPPER: POLICY OF BOARD CONCERNING REZONING REQUESTS
Mr. George Tapper, Skyway Blvd., Oroville, read a letter addressed
to the Board concerning rezoning requests, a copy of said letter presented to
each Board member. He requests that the Board make a policy announcement
regarding whether the Board would support the residents of the area or the
developer. He said he was refer=fng to the application filed by the Oaks
Mobile Home Park for a commercial zoning. 'i'he residents of the area object
to this rezoning. Ibis request is for the Board to state what the policy
would be concerning this rezoning.
Supervisor Ladd stated that this application for rezoning has been
withdrawn at this time.
No action taken at this time.
74-730 APPEARANCE, SILL HOLMES, WOODLEAF STAR ROUTE
Mr. Bill Holmes, Woodleaf Star Route, spoke concerning the
presentation made by Dave Vasco, County Assessor, last week at theSoard
meeting. Mr. Holmes stated that the statements of Mr. Vasco concerning
Assembly Bill 3232 were grossly exaggerated. He explained the bill,
stating that a committee is studying the timberland assessment sections of
the bill. He said the bill changes nothing.
Mr. Holmes said he was not speaking, in favor or in opposition to
the Bi11. He does at this time refute the statements made by Mr. Vasco,
He said that CSAC supported the Bill.
Supervisor Cameron said that CSAC is not supporting the bill
because the bill would do away with the Iocal assessment appeals boards,
Mr. Holmes presented copies of the bill and his statement to
the Board members and the press.
74-731 APPEARANCE: JERRY MYERS OROVILLE
Jerry Myers, Chairman of the Thermalito Advisory Board-EOC,
presented letter in support of the retention of EOC by the Board of Supervisors.
74-732 APPEARANCE: MR. C, A. WIRTHINGTON OROVILLE
Mr. C. A, Wirthington, made a general comment on the matter presented
by Mr. Tapper. He said he has noticed that the professional staff of the
Planning Department has not had the time to properly inform the members of
the Commission on a given subject. He referred to two cases, one of which was
the matter of the airport property.
Mr. Wirthington spoke on the matter of the P.G.& E line, for substation
at the southeast corner of State Highway 70 and Lower Honcut Road. He said he
was sure that better education of the Planning Commission members would enable
them to get a hitter deal out of P.G. & E. The Planning Commission should be
informed o£ khe feeling of the Public Utilities Commission; their material
is all available to the Caunty. The County should also find out the costs for
placing the line underground.
Page 497,
May 14, 1974
May_14, 1974
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74-733 COMMUNITY ACTION AGENCY GOVERNING BOARD ITEMS
I. (a) New Salary Schedule, subject to availability of funds.
Nadeen S1esi: stated that a few months ago the Board approved a
salary advance for this budget. She explained what was being requested
concerning this item.
(b) Request from Head Start for grant approval effective
September 1, 1974 for new salary schedule.
(c) better stating grant condition compliance up-to-date.
(d) By law, personnel changes required.
Requests discussed.
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, the Board approved the following:
1. New salary schedule, subject to availability of funds
2.Approve request from Head Start for grant approval effective
September 1, 1974 for new salary schedule.
3. Letter stating grant condition com~'_iance up-to-date.
4. Fay law, personnel changes required.
II. Contract with Chico Neighborhood Health Center
Contract with Chico Neighborhood Health Center discussed. Pat Astrom
and Karen Cumins were present to explain the contracto Pat Astrom said this
was approved before; this is a delegate agency. The amount of the proposal
was for $6,000. At the present time, they are being funded from other sources.
This contract is from January 1, 1974 through June 30, 19740 The present
contract has been approved by the Auditor and County Counsel. Supervisor
Gilman asked what services would be provided. Miss Astrom explained the
services that are prwtded, also setting out the number of clinics that are
held monthly. Supervisor Gilman said he would like to hear the Health Agency
Services director speak on this matter. Mr. Nickelson asked if this matter
had been routed through the Health Agency Services prior to the Board taking
action.
Dr. Enloe spoke to the matter of the contract. He said he had
not seen the contract before this morning. He said tF~e Board should be
aware that this is a contract for services back to January 1st. It is
specifically for the Chico area. He asked if this would be double payment.
Are they receiving payment from the patient and then receiving payment through
Medi-Cal. He was told that the clinic is not taking any Medi-Care or Medi-Cal
patients at the present time. The only way they are receiving any money is on
a cash payment basis. The majority of the patients that they see are under
the OEO guidelines. They also refer the patients to doctors that accept
Medi-Cal patients.
Supervisor Gilman felt this matter should be postponed until Dr. Enloe
has had a chance to meet with these people.
Mr. Nickelson said the matter could be placed back on the agenda fox
Tuesday, May 21, 1974.
III. Parent Policy Council letter requesting clarification of status.
Nadeen West spoke concerning the Parent Folicy Council letter
requesting clarification of status. They have a very fine Board that will
Page 498.
May 14, 1974
May 14, 1974
take over when the Board of Supervisors opts out of Head Start. Supervisor
McKillop felt the Board should stay in this, having total commitment at
this time. Mr, Nickelson will inform Robert Cozma of the Board's intent in
this matter.
74-734 APPROVE GRANT MODIFICATION MANPOWER PLANNING
1im Rackerby, Personnel Director, reported that a grant modification
has been prepared to the Manpower Planning grant transferring $1,500 from
salaries to the equipment budget, This will permit purchasing office to
purchase equipment for the manpower planning staff, using 100% federal funds.
Grant discussed.
Planning grant for the communication study discussed. Mr. Rackerby
stated that a special condition statement could be prepared for the Chairman's
s ignature, Nr, Rackerby will meet with Mr. Casagrande and Mr, Gilman
regarding the certificate of compliance.
On motion of Supervisor Gilman, seconded by Supervisor Cameron
and unanimously carried, the grant modification to the Manpower Planning
Grant was approved and the Chairman was authorized to sign.
74-735 ACCEPT LOW BID FOR DATA PROCESSING REMODELING
Tom Fox, architect, reported on the Data Processing remodeling bids.
Three bids were received for remodeling the present library building for data
processing. The low bid was from Tandy & Son, Oroville. Alternate bids set
out and discussed. Nr. Fox recommended that the bid be awarded, with the
inclusion of Alternate No. 2, in the amount of $213.
On motion of Supervisor McKillop, seconded by Supervisor Gilman
and unanimously carried, the low bid of Tandy & Son in the amount of $90,909,
with the acceptance of Alternate No. 2 in the amount of $213, was accepted
and the Cha~nan was authorized to sign.
74-736 APPROVE FAIR LABOR STANDARDS ACT RECOMMENDATIONS
The Personnel Director has prepared an interim report and
recommendations in relation to the appropriate sections of the Fair Labor
Standards Act, Mr, Rackerby has sent the Board information concerning this
matter. He stated that the County was going to have a liability of paying
time and one-half to those employees working overtime, There are some
employees that are exempt from this liability. Mr. Rackerby explained the
action that was requested at this time. He explained the classes and positions
that will be covered by the act.
Report and action to be taken discussed,
On motion of Supervisor Ladd, seconded by Supervisor Gilman
and unanimously carried, the Board approved the action requested by the
Personnel Director as follows:
1, Directed the County Administrative Officer and the Personnel
Director to insure compliance with the Act and to meet with department heads
and employee representatives to develop revised county rules.
2. Directed the Personnel Director, the County Auditor, and the
Data Processing Director to develop a code to cover each class regul~ed by
the Act and to implement a system of pay reporting, payment, and record
retention to meet the federal standardsa
Page 499.
May 14, 1974
May i4, 1974
3. Adopted as County policy that no person, subject to the
Federal Fair Labor Standards Act, may be employed with the County in
more than one position.
RECESS: 12:10
RECONVENED: 2:00
74-737 PUBLIC BEARING: ABANDONMENT OF PUBLIC HIGHWAY, AN ALLEY BETWEEN GUILL
AND BRUCE STREETS,__CHiCO
The public hearing on the abandonment of public highway, an alley
between Guill and Bruce Streets, Chico, was held as advertised, Jim Lawsoa,
Planning Director, summarized the background of the abandonment, Planning
Commission recommended approval of the abandonment.
Hearing opened to the public, Apgearing in Favor: no oneo
Appearing in opposition: no one, Hearing closed to the public and
confined to the Board for action.
On motion of Supervisor Gilman, seconded by Supervisor Cameron
and unanimously carried, Resolution 74-70 abandoning a public highway was
adopted and the Chairman was authorized to sign,
74-738 CONTINUATION OF PUBLIC HEARING: RALPH CHAPMAN, REQUEST FOR VARIANCE
TO LOT WIDTH
The continuation of the public hearing for the Ralph Chapman
request for variance to lot width was held at this time. Mre Lawson set out
the background of the request. The request was to create two sub-standard
lots. Mr. Lawson stated that a new map has been filed that would eliminate
one of the non-conforming lots. There would now be 2 conforming lots and
one non-conforming lot.
New map discussed, Mr. Castleberry assured the Board that if the
lots meet all the other requirements and conditions, then Public Works would
issue building permits.
On motion of Supervisor Ladd, seconded by Supervisor McK=11op
and unanimously carried, the Board granted the variance to lot width for
one sub-standard lot, under the condition that it would be a marketable
lot, as expressed by Public Works Director;-i,f it meets all other conditions,
for Ralph Chapman.
74-739 WAIVE SECOND READING OF ORDINANCE, ELSIE LACKEX-REZONING FROM A-R TO C-1,
OROVILLE AND ADOPT ORDINANCE N0. 1452 AMENDING COUNTY ORDINANCE NOo 995,
CONSOLIDATING "C-1" (LIGIiP COMMERCIAL)
On motion of Supervisor Ladd, seconded by Supervisor McKillop and
unanimously carried, the Board waived the second reading of ordinance for
Elsie Lackey rezoning from A-R to C-1,6roville, adopted Ordinance No. 1452 amending
County Ordinance No. 995, consolidating "C-1" (light conxnercial) districts, and
authorized the Chaixman to sign.
74-740 AUTHORIZE PURCHASE OF SURVEILLANCE EQUIPMENT FOR NARCOTIC TASK FORCE
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, the Board authorized the purchase of surveillance
equipment from Bell and Howell Communications Company for $3,392 for the
Narcotic Task Force.
Page 500.
May 14, 1974
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74-741 APPROVE AWARD OF SID FOR TRACTOR-MOWER & CLOSED CIRCUIT TV AT JAIL
On motion of Supervisor McKillop, seconded by Supervisor Gilman
and unanimously carried, the following action was taken:
1. Awarded bid for tractor-mower to Chico Tractor Company
for $3,444.26
2. Awarded project for closed circuit TV at jail to the Low
bidder, Arcal Sound and Video Company of Sacramento at $4,510019.
74-742 APPROVE BUDGET TRANSFERS
On motion of Supervisor Cameron, seconded by Supervisor Gilman and
unanimously carried, the following budget transfers were approved:
B-148, Welrare - $25 from office expense to memberships
B-149 Butte County Fire Department - $6,000 from extra help to
equipment
B-150 Assessor - $4 from salaries-regular to extra help
B-151 Fire Protection - $200 from the volunteer grogram supplies to
Schedule C-station maintenance
B-152 Purchasing - $300 from the reserve to office expense
B-153 Planning - $3,800 from the reserve with $3000 going to
office expense and $800 to publications and
legal notices
B-154 Central Services - $15 from other travel to equipment
B-155 Clerk - $700 from salaries and wages - regular to extra help
B-156 Chico Marshal - $150 from other transportation account to
extra help
B-157 Agriculture - $50 from salaries and wages-regular to overtime
B-158 Probation - $30 from professional and special services to
special departmental expense
B-160 County Clerk - $1,200 from the reserve to professional and
special services
74-743 AUTHORIZED DISTRICT ATTORNEX'S TRAVEL REQUEST
Clif Mickelson, Administrative Officer, explained the request of
the District Attorney to send Wi11 Mattiey to Houston, Texas to attend the District
Attorney Conference on "Career Prosecutor Course", from May 26 through June 14th.
All the costs of the trip will be paid through a CCCJ grant and will be of
no cost to the Countyo Request discussed.
On motion of Supervisor Cameron, seconded by Supervisor McKillop
and unanimously carried, the Board authorized the District Attorney to send
Will Mattley, assistant district attorney, to Houston, Texas, to attend the
Career Prosecutor Course, from May 26th through June 14th, 1974, at no expense
to the County. "
74-744 APPROVE MODIFICATION OF THE NARCOTICS AND INTELLIGENCE TASK FORCE GRANT
The Sheriff requests modification of the Narcotics and Intelligence
Task Force Grant by decreasing rents and leases of equipment $3,014 and increasing
special departmental expense $1,427 and equipment $1,587 for a net change of
zero. Mr. Mickelson explained this request, He stated that officers should
be suppled with fire arms. This modification would include 3 fire arms for the
officers.
On motion of Supervisor Gilman, seconded by Supervisor Cameron and
unanimously carried, the Board approved the grant modification as requested,
with the understanding that this in no way alters the Board's prior commitment
not to purchase hand guns- for afficers.
Page 501.
May 14, 1974
i
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==---==-======May 7.4,, 1974=====~_=___=___=_
74-745 AUTHORIZE PURCHASE OF PADDING FOR TWO CELLS AT JAIL
The Sheriff requests the funding be approved for padding trvo
cells in the fail facilities. The purchasing agent has been able to
obtain one quote on this project in the amount of $10,876. Tom Struthers,
Purchasing Agent, has checked with companies who do this type work. There
are only two companies that can do this work. According to the Government
Code Section, the Board would have to adopt plans and specs and then go
to bid before this could be approved. Request discussed.
On motion of Supervisor Gilman, seconded by Supervisor Cameron and
unanimously carried, the Purchasing Agent was authorized to call for bids to
pad two cells at the County jail, with money to be transferred from the reserve
for contingencies to fixed assets-structures, improvements and grounds.
74-746 APPROVE JOINT POWERS AGREEMENT. CITY OF GRIDLEY. FIRE STATION
Jerry Letson reported that the Joint Powers Agreement has been
approved and signed by the City of Gridley for the proposed joint use fire
station. Also Cook Associates have been contacted and a proposal has been
submitted for construction of afire station containing approximately
4,000 square feet with preliminary cost estimate of $73,000. Engineering
services for the project would be $2,950. There is a memo from theAuditor
on this matter. The agreement could go to County Counsel to modify and
include the points raised by the County Auditor. It would then have to be
sent back to Gridley for the approval. Agreement discussed.
On motion of Supervisor Ladd, seconded by Supervisor McKillop and
unanimously carried, the joint powers agreement between the City of Gridley
and the County of Butte was approved, with the inclusion of the points
suggested by the Auditor, subject to approval of the Auditor and County Counsel,
the Chairman was authorized to sign the agreement and Cook & Associates were
authorized to prepare the plans and specifications for the fire station.
74-747 AUTHORIZE BUDGET EXPENDITURE AND APPROPRIATION TRANSFERS FOR COUNTY
SERVICE AREA N0. 4
Bill Lawrence, County Auditor, reported on County Service Area d~4
budget deficiency and Water Quality Monitoring agreement, Mr, Lawrence
stated that the Board had approved an agreement with Applied Science and
Resource Planning, Inc, for Paradise Pines water quality monitoring, with the
cost to be charged to County Service Area ~~4, subject to approval by County
Counsel and Auditor. He stated that the budget for this service area has al-
ready been exhausted and there is no appropriation available in County
Service Area ~~4 to cw er the proposed agreement. Mr, Lawrence explained
how this matter should be handled.
On motion of Supervisor McKillon. seconded by Supervisor Cameron
and unanimously carried, the Board aut8oaieed the Auditor"to:do the following:
1. Transfer sufficient appropriation from the County General Fund
Reserve for Contingencies to the Puhlic Works General Services
Budget, to cover the 1973-74 budget deficit in County Service
Area dk4 and to provide the $1,600,00 necessary to fund the
proposed agreement.
2. Instructed the Auditor to charge the cost of the proposed
agreement and the excess County Service Area ~F'4 expenditures to that
budget appropriation as accounts receivable from County Service
Area ~k4 in the 1974-75 service area budget.
74-748 WAIVE DECLARED MORATORIUM ON PREMIUM OVERTIME
Mr. Lawrence reported on ovrertime~in excess of 40 hour week worked
subsequent to May 1, 1974. These employees fiave been paid on a~syr~~ghtt9t7~me
Page 502,
`1
l
May 14,, 1974=_______________
_ _ _ _ _ = W = _ _ = _ - - _ _
basis; Mr. Lawrence felt the Board should ratify the payment. The employees
will be reimbursed on a time and one-half basis. Overtime for these employees
discussed. Nr. Nickelson will meet with the departmenC heads and arrive
at a solution of who will receive overtime and who will receive time and one-half.
On motion of Supervisor NcKillop, seconded by Supervisor Cameron and
unanimously carried, the Board authorized overtime to the following departments
because of special situations:
(1) Superior Court to use court clerks, bailiffs and certain other
personnel to keep the Courts functioniong properly.
(2) County Clerk to work a specialized extra help crew, which has
worked most elections for the last eight or ten years. A11
additional election tasks which do not require specialized
training to be filled by extra help on straight time only.
(3) Data Processing-computer operator overtime for weekend work
through this current fiscal year. When the new equipment is
installed avertime requirements should be eliminated. Overtime
authorized as necessary.
(4) Public Works-overtime on contract construction projects when
the contractors work over regular hours and for monthly
cover operations at Neal Road Landfill.
(5) Waived moratorium on premium overtime for those listed on the
memo from the County Auditor.
RECESS: The Board recessed at 2:40 for an executive session
RECONVENED: The Board reconvened at 3:.10 following an executive session.
74-749 DECISION ON STATUS OF RETROACTIVE SALARY PAYMENT TO DISCHARGED EMPLOXEE
PUT OVER ONE WEEK
Following the executive session, the Board delayed action on the
status of retroactive salary payment to discharged employee for one week,
74-750 PUBLIC WORKS ITEMS APPROVED: ADOPT ORDINANCE N0. 1453 & 1454
On motion of Supervisor Gilman, seconded by Supervisor McKillop and
unanimously carried, the following action was approved:
1. Released the cash deposit on receipt of a surety bond and
authorization of the Auditor to release the previous deposit for the Russ
Guiver parcel map improvement guarantee.
2. Authorized buildup of weed spray truck from available funds
in County Service Area ~k24.
3. Approved the final map, resubdivision of KeI1y Ridge Unit 1B
(Royal Oaks Drive, three lots, and authorized the recording of same.
4. Approved the following agreements for sale, right of way
acquisition, authorized the Chairman to sign and authorized the Auditor
to issue warrants upon de:..and of County's escrow agent:
Skyway FAS 757(4) W. Southard 0.017 $362 $362
" C. Peters 0.005 8 8
" F. Blew 0.005 8 8
" A. Ashley 0.005 8 8
" tl. Hoel 0.005 8 8
" Lars Swanson 0.005 8 8
Fage 503.
May 14, 1974
__ ____________=May=14,=1974=_______________
Skyway FAS 757(4) E. Seaman 0.005 $ 8 $ 8
" M. McGill fl.005 8 8
" L. Karn 0.005 8 8
Cohasset Rd &.Carresca 0.177 354 354
61201-71-1
5. Approved letter of reply to the Office of Health and Safety
Administration which (a) contests several of the alleged safety citations,
(b) requests a waiver of time, and (c) asks for further information.
6. Granted authorization to join the City and state in modification
of the pedestrian WALK-DON'T WALK signal heads by purchasing and installing screens
and clips for added pedestrian safety at Clark and Pearson, Skyway and Pearson,
Fifth and Oro Dam Blvd.
7. Waived second reading of ordinance adding Article 2 to
Chapter 26 of the County Code, adopted Ordinance 1453 adding Article 2 to
Chapter 26 of the County Code and authorized the Chairman to sign,
8. Waived the second reading o£ ordinance establishing speed limit
on certain roads within the County of Butte, State of California, adopted
Ordinance 1454 and authorized the Chairman to sign.
74-751 APPROVE LANDSCAPING AND PAVING AT LIBRARY AT SAFEWAY BUILDING
Clay Castleberry, Director of Public Works, explained the preliminary
scheme of planting areas and plantings by Gene McFarren and Jim Anderson of
county grounds department. Mr. Castleberry recommended approval of the scheme.
Plan for paving overlay and striping as part of Mr. McFarren's contract set
out and discussed.
Plans discussed.
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and carried, the Board (a) approved the preliminary scheme of planting areas
and plantings by Gene McFarren and Jim Anderson of county grounds department;
(b) authorized call for bids for the construction of the planters including
water supply and topsoil ready for planting; (c) authorized order for plantings
for installation when (b) is complete; (d) approved proposal by McFarren for
providing contract documents; (e) authorized City of Oroville to install 17
curb trees at $30 per tree as part of the city parkway plan and requirements
for new installations within theCity of Oroville (includes curb cuts, tree
planting and early maintenance); (f) authorized paving overlay and striping as
a part of McFarren~s contract in (b) above.
AYES: Supervisors Cameron, Gilman, McKiilop and Chairman Madigan
NOES: Supervisor Ladd
74-752 IDTFORMATION AND DISCUSSION ITEt~15
L) _ Firla:~d Drive Assessment District. Mr, Castleberry reported
that Mr. Grimes has been working with the people on upper Skyway. There is
ona person that will not sell the right of way; it is about 600 sq. feet,
Tt might be the County will have to go to condemation proceedings. The charge
should be a levy against the property owner as part of his assessment.
He asked if the Board would be willing to go if it is found that one or 2 of
the property owners are reluctant to sell the rights of way. The Board
indicated that they would be willing to go to condemnation proceedings.
No action taken.
74-753 DISCUSSION OF REVENUE SHARING PROPOSALS
Time spent discussing rev~angue Ss~aring proposals. There are quite a
May 14, 1974
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ L4 ~ =1474 = _ _ _ _ _ = _ _ _ _ _ _ _ _ _
few of the applicants that involve health matters. Mr. Nickelson asked
the Board which way they want to go in establishing a criteria in coming up
with a formula to anticipate allocating funds to the applicants.
Supervisor Cameron said it appears to him that it would be almost
a futile process. A committee has been appointed in Gridley to look at these
applications and then make a recommendation to the City Council, He feels that this
is the way tl~ County should go. It was felt that no matter who handles this
matter there will have to be priorities set upo
It was felt that anything that involves health will have to be
referred to Dr. Enloe and his people for study and recommendation.
Time spent discussing the use of the funds and the action that
this Soard should take.
Mr. Paul Foreman, minister from Chico Council of Churches, spoke
concerning the allocation of the funds. He feels that there should be a
group to consider the requests. He urged the Board to set up some type
machinery to study the requests and make recommendations to the Board,
Mr. Nickelson said the County should decide within two or three weeks which way
the Board wants to go; they need the information for budget time.
Discussed the appointment of a committee to study the requests and
make recommendations to the Board, It would be an advisory committee.
On motion of Supervisor McKillop, seconded by Supervisor Cameron and
unanimously carried, the Board approved the suggestion that each Board member
appoint 2 members to a advisory committee and that the appointments to the
committee should be made by May 28th.
74-754 REPORT ON THE OAKS AT LAKE OROVILLE
Jim Lawson, Planning Director, reported on the denial, without prejudice,
by the Planning Commission of the request by The Oaks at Lake Oroville of a
rezoning from "A-R" (agricultural-residential) and "C-1" (light commercial) to
"MHP" (mobile home park) for property on the south side of Olive Highway,
east of Apica, containing approximately 137 acres, east of Oroville. No
action is needed on this matter.
74-755 REPORT ON THE COHASSET MUSTY-BUCK RIDGE
Mr. Lawson reported on Planning Commission's denial, without
prejudice, on the Cohasset Musty-Buck Ridge rezoning from °interim TM-20°
(timber-mountain) to "TM-1", "TM-2", "TM-5", "TM-20 and "C-1" (light commercial)
for an area approximately 14 square miles. No action needed.
74-756 HEARING SET: NORTHEAST CHICO-INTERIM ZONING
A public hearing was set for June 11th, 1974 at 2:00 p.m. for the
Northeast Chico-interim zoning to "S-2", south of Sycamore Creek, east of
Cohasset Road, west of Wildwood Avenue, Chico. The letter from Ann & Jerry
Bonnice, San Francisco, refers to this item. Mr. Lawson would recommend
that this groperty not be deleted from the rezoning.
74-757 DISCUSSION OF INTE?,IM ZONE REQUEST MADE BY MR. MATHEW I. SCWARZ. OROVILLE
Mr. Lawscn explained the interim zone request made by ~.'r. Mathew
I. Scwarz for prcperty located approximately 500' north of Pinecrest on private
easement, approximately 1/2 mile west of Lower Wyandotte, Oroville. Mr. Lawson
stated that Mr. Scwarz has made application for permanent zoning for the property,
I~ purchased the mobile home because he 505 been informed that the property was
Page ,u7
May z4, 1974
` _ _ _ _ _ _ _ _ _ _ _ _ _ May 14j 1974' = = _ _ _ _ _ - -
zoned for mobile homes. He is an=innocent victim in this matter, Mr, Lawson
said that Planning Commission will schedule a hearing as soon as possible on
the request for permanent zoning.
Request for interim zoning discussed. It was felt that this
request should go the normal process for these applications. Mr. Lawson
will inform the applicant of the Board's feelings in this matter.
74-758 ACCEPT PLANNING COMMISSION REPORT ON PROPOSED PB & E POWER LINE
The Planning Commission's report on the proposed PG&E power line, for
substation at the southeast corner of St~,;_e Highway 70 and Lower Honcut Road and
115KV transmission line connecting the substation to the existing Palermo-
Rio Oso, a length of approximately 1.5 miles discussed. The Plannig;; Commission
sent a recommendation to the Board that this would not interfere with any proposed
project.
Jerry Lindahl, representing PG&E, reported on the matter of placing
this underground. It would run up to 10 to 20 times as much to place the
project underground.
Proposal discussed.
On motion of Supervisor Gilman, seconded by Supervisor La~!d and
unanimously carried, the Board accepted the Planning Commission's report on the
proposed PG&E power line, for substation at the southeast corner of State
ITighway 70 and Lower Honcut Road and 115KV transmission line connecting the
substation to the existing Palermo-Rio Oso, a length of approximately 1.5 miles.
74-759 APPROVE TENTATIVE PARCEL MAPS RECOP7MENDED ?~'OR APPROVAL
On motion of Supervisor ~1cKi11op, seconded by Supervisor Gilman and
unanimously carried, the following tentative parcel map reconunended for approval
vas approved, subject to the conditions and crith the note that the environmental
retort was negative:
Zoned A-2 Ltd. Don W. Cook, AP 50-22-04, 2 lots, north
side of iMoll Rd., at end of Wheeler Rd.,
Paradis°. Surveyor: Gary Lippincott
Pursuant to the requirements of Section 20.3 of the Buttes County
Cod°, the tentative parcel map of tii~ above property has been
reviewed by the Butte County Subdivision Committee and the
Planning Commission.
The Subdivision Committal and the Planning Commission recommends
approval of the tentative map, subject to the fol3owing conditions:
1. Verify legal access.
2. Provide traversable access. Grade Wheeler Road to RS-8 LD2
County standards.
3. P7o furtYi~r division of t'r-is property until 60 ft. of access is
provided to a public road.
~bCn
A Negative Declaration Regarding Environmental Impact was filed with
the County Clerk on April 15, 1979.
Page 506.
May 14, 1974
-~,
May 14, 1974
Oa motion of Supervisor Ladd, seconded by Supervisor McKillop
aad unanimously carried, the following tentative parcel map•-.aas den.i.ed as
it is in conflict with the General Plaa., is the agricultural area:
Boned A-2 Orland & Dorothy Bast, AP 22-07-34 & AP 22-0$-11,
4 lots, east side of Smith Ave., west side of
Hwy. 99, north of Biggs Rio Bonita Rd., Biggs
Pursuant to the requirements of Section 20.3 of the Butte County
Code, the tentative parcel map of the above property has been
reviewed by the Butte County Subdivision Committee and the
Planning commission.
The Subdivision Committee and the Planning Commission recommends
approval of the tentative map, subject to the follo~~~•ing conditions:
1. Verify legal access.
2. Deed to the County of Butte 40 ft. right-of-way measured from
the centerline of Hwy. 99E.
3. Deed to the County of Butte 60 ft. right-af-way on Smith
Avenue.
A Negative Declaration Regarding Environm°ntal_ Impact was filed
with tine County Clerk on April 1, 1974.
74-760 REFER DES1S'1' eNU t«;r~cvirv u~cu~,cco 1~ ~,.~~.~.
The desist and refrain orders issuedvUy the California Department of
Real Estate concerning alleged illegal lot splits were discussed and
referred to County Counsel with a request that he report back next week to
the Board of Supervisors.
74-761 DISCUSSION: REPORT BY CHICC AREA PLANNING COMMITTEE;.
Chairman Madigan question Mr. Lawson concerning ~_._ ..nico Area
Planning program, A consultant was hired and a study was made. The consultant
is through with. the study. S=apervisor Gilmat_ said he would like to see the
County Planning Commission take a good look at the plan. Supervisor Gilman
said he would like to see the vote on the acceptance of the report by the
committee. Mr. Nickelson will request that the committee report to the
Board concerning the study.
74-762 ADOPT RESOLUTION 74-71. ADOPTING AMENDED ENVIRONMENTAL REVIEW GUIDELINES
Proposed resolution adopting amended environmental review guidelines
discussed. tee for the review of the applications discussed. Mro Lawson
explained how they keep track of the money they take in and how much time
is spent on these applications.
On motion of Supervisor Cameron, seconded by Supervisor McKillop and
unanimously carried, Resolution 74-71 adopting amended environmental review
guidelines was adopted and the Chairman was authorized to sign,
74-763 APPROVE APPOINTMENT OF JUDGE TO BIGGS JUDICIAL DISTRICT
Chairman Madigan referred to a letter concerning the legal opinion
Page 507,
May 14, 1974
regarding legal residency requirement, In effect, the letter states that
husband and wife may each have a separate resident, in different areas• A
married wamFn has the legal right to maintain her own residence, independent
of the legal residence of her spou a. The letter was signed by Mr, Youngero
Appointment of the judge discussed.
On motion of Supervisor Ladd, seconded by Supervisor Gilman and
unanimously carried, Charles Hancock was appointed Judge of the Biggs Judicial
District.
74-764 MATTERS PRESENTED FOR BOARD CONSIDERATION
Supervisor Cameron said he would like to see the Board make a
move on the Paradise library. The Board members now have the appraisals on
the sites being considered. Matter placed on the agenda for Tuesday,
May 21, 1974 for Board consideration.
Supervisor McKillop said he had a letter from Dan Cook concerning
a map that is being held up; it is the Harvey Swatt parcel map. County Counsel
will look at the situation and will report back to the Board.
Jim Lawson, Planning Director, said that last week the Board had
made a decisian on the Russell use permit in Paradise. The Planning
Commission had recommended approval of the coffee shop and recreation center
only, The minutes of the Board shows approval of the tavern also. The
agenda had set out in the action requested that the tavern was to be approved
as part of the use permit, It was not the Board's _ntent to approve the tavern
portion of the use permit, Reference to the tavern to be deleted from the
minutes of May 7, 1974.
Supervisor Gilman said he had been requested by the Board to
attend a meeting at Chico University; he is not sure that he can attend the
meeting. Jim Lawson, Planning Director, stated he was attending khe meeting
and he will report back to the Board,
ADJOURNMENT:
There being nothing further before the Board at this time, the
meeting was adjourned at 4:40 p.mo to reconvene on Tuesday, May 21, 1974 at 9 a.m.
ATTEST: CLARK A, NELSON, COUNTY CLERK
Board of ' pervisors Clerk
4
airman of the Boar
Page 50$,
May 21, 1974