HomeMy WebLinkAboutM052075~' ~~
May 20, 1975
STATE OF CALIFORNIA )
S5.
COUNTX OF BUTTE
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Cameron, Madigan, McKfllop, Richter sad Chairman
Ladd. Clif Mic]celaon, Administrative Officer, Dan Slackstock, County Counsel,
and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Cleric.
Pledge of allegiance to the Flag of the United States of America.
75-854 APPROVAL OF MINUTES
On motion of Supervisor Cameron, seconded by Supervisor Richter
and unanimously carried, the minutes of May 13 & 14th, 1975 were approved
as mailed.
75-855 ~COMMUNiCATIONS
Eric Miller, Oroviile. In accordance with instructions from the Planning
0~1 Department Mr. Miller requests s refund of $60 collected in error for
/~'J' use permit in HC zone for dismantler's license. See motion
following communications.
R. A, Sceales, Chico. Protest is filed to PlanningCommisaion requirement
~ J for an EIR on proposed rezoning of the SCilson Canyon Area of
~! 3• Chico. Put on by mistake; hearing already set.
S. G. Evans, Jr., Chico. Protest is filed to Planning Commission requirement
for an EIR rezone of AY 44-37-05. Hearing set for June 10, 1975
at 1:30 p.m.
Thf~el E. Lippincott, Paradise. Appeal is filed to condition No. 3 to
'i~ p parc"el map re AP 52-01-24. To be discussed during Planning
Department items.
Brian McCarthy, San Francisco. Claim is the amount of $50,000 is filed
~ Q,y'~/ against County of Butte. See motion Following eommvaicationa.
l Claim was filed on behalf of Craig Lewis Carter.
HimcoEnterprises, Bellflower. Request for refund of $50 application fee
for use permit on property on Chapparai Road is filed per instructions
~R3 0 ~ from the Planning Department. Hr. Lawson explained the request;
see motion following communications.
Butte County Employees Association. Mr. Jones, manager, writes regarding
G ~,~r possible committees to be set up to meet with the Personnel Appeals
Commission. See discussion following communications.
Coloma-Lotus Boasters Club. Club writes regarding their "Gold Discovery
Days Celebration" commemorating the discovery of gold and invite
8~,q ~ the County to participate by entering a float ar a bond.
Celebration will be January 23 through January 25, 1976.
Referred to Hob Nicholson, Economic Development Director.
City of Biggs. The City of Biggs Volunteer Fire Department is having
y problems with its fire alarm system and sake if an agreement could
O O, be worked out to have Biggs' fire calls answered through the County's
r headquarters dispatching service in Oroville. Referred to
Jerry Leteon, Division of Forestry for study and report back to Board.
U.S. Department of Labor-Manpower Administration, The Department responds
to tha Soard's letter of April 22, 1975 regarding planning level of
~~~ ~ fiscal year 1976 Title I funding under the CETA.
~' Information only.
~ Page 340.
May 20, 1975
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Sacramento District, Corps of Engineers. The Corps forwards final
d environmental statement for the on-going construction project,
~/?-~d Sacramento River, Chico Landing to Red Bluff. Referred to
Clay Castleberry and George Stamm.
Congressman Harold T. (Bizz) Johnson. Mr. Johnson forwards copy of
regulations published in the Federal Register concerning procedures
.~ti for obtaining official recognition by the American Revolution
d A' Bicentennial Administration of projects designed to celebrate
our 200th Anniversary. Referred to Sob Nicholson and to the
B1-Centennial Committee.
Ray Chandler. Files claim for repair of muffler due to road conditions
hO r/ on Pentz Road. Read and referred to Mr. Castleberry and the
y~ contractor. Copy to go to County insurance carrier also.
Walter and Ceneta Kaelin. Write in favor of continuing with the improvements
to Oroville-Quincy Road and Bald Rock Road. To be discussed
~l~/ C J at time of hearing later in the morning.
Jack Hunt. He writes in favor of the continuing with the improvements
~tj~,C d to Oroville-Quincy Road and Bald Rock Road. He is a property
owner in that area. To be discussed later is the hearing.
James Pharria, Supervisor, Yuba County. He writes concerning the creation
` p o~p s3 of the State of Northern California, Read and discussed.
No action taken.
Petition. A petition signed by members of Good Fellows Club, DeSabla
~ Grange X762, De Sabla Vol. Fire Dept., De Sabla Community Club,
y S W.W. 1 Veterans Barracks #'3287, Upper Ridge Council and P.O.A.
~ ~ d' (Paradise Pines) requesting the using of the Old Skyway ae a "One-
way Scenic Drive" between the Magalia Dam and Cedar Lake Dr.
Read and discussed. Referred to Clay Castleberry for handling.
75-856 APPROVE REQUEST__OF_ERIC MILLER Ft1R REFUND OF S60 COLLECTED IN ERROR
- - -- -- -
On motion of Supervisor Cameron, seconded by Supervisor Richter and
unanimously carried, the request of Eric Miller, Oraville, for a refund of
$b0 collected in error for use permit in HC zone for dismeatler's license
was approved.
75-_857 REJECT CLAIM OF BRIAN MC CARTHY, SAN FRANCISCO,_YN_AMIOUNT OF~50 000
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, the claim of Brian McCarthy, San Francisco, in
the amount of $50,000 was rejected and referred to County Counsel and
the County's insurance carrier. said claim filed on behalf of Craig Lewis
Carter.
75-858 APPROVE REFUND REQUESTED BY HIMCO ENTERPRISES
On motion of Supervisor Madigan, seconded by Supervisor Cameron
and unanimously carried, the request of Himco Enterprises for refund of
$50 application fee for use permit an property on Chapparal Road was
approved.
75-859 CONCUR WITH RECOMMENDATION OF PERSONNEL APPEALS COMMLSSION REGARDING
DISMISSAL OF LESLIE SCOTT
Letter from Butte County Employees Association regarding possible
committees being set up to meet with the Personnel Appeals Commission
discussed. County Counsel suggested that two members of the Board meet
with the Appeals Commission and then report back to the Board. There are
c attain things that these members could not report back on buc other
matters ceuld be reported upon. Mr. Blackstock did not believe that the
Board could meet in executive session with the Personnel Appeals Commission
to disease general items. He explained how the matter could be handled.
It was moved by Supervisor MciCillop, seconded by Supervi9or Madigan
and unanimously carried, that the Hoard concur with the findings and modify
the recommendations of the Appeals ~mmisaion regarding Leslie Scott by
Page 341. May 20, 1975
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e~ s e~ e«~ s ~Ma~ ~20~ X975@ ! s ~~~ s e s m a s c s ~ z
extending the period without pay to May 20, 1975; but also concurred with
the department head that there could very well have been justifiable
causes for terminatien. Further recognizing the Public Works Director's
compassion as wall as his support o£ his employees, the Hoard requested
Clay Castleberry to give the employee another chance at his old ,job or '.n
another location. By asking, .he $oard can still hold the department
head responsible for the department operations.
Clay Castleberry, Director of Public Works, stated he would go
along with this and will give Mr. Scott hie job back and concurred with
the Board of Superrrisors' findings. He suggested that tiaybe.Mr. Scott
and Mr. Jones, employees association manager, could meet with him to discuss
the matter this afternoon. Mr. Castleberry said that since this employee
has not been working, maybe he should be returned to his employment as
soon as possible after today. He said he was reluctant to pay this
employee fox time he did not work.
Supervisor Richter said he would support the May Lst date as this
delay has been the Board's problem. Supervisor McKillop said he would
like to see a days work for the money the County pays an employee.
Supervisor Cameron said he thinks all of the Board has gained
knowledge from this case. He said he is a strong believer in paying for
work done. The pay should start when this employee goes back to work.
Chairman Ladd said he believes that it was felt that there was
justifiable cause for the dismissal. The employee was not without fault.
He believes that the Board has come up with a good solution; he does not
believe that it was the fault of the Board to arrive at this decision.
The Board has conscientiously attempted to arrive at a good and right decision.
It ass moved by Supervisor Richter that the County re-instate
Leslie Scott se of May 1.
Bill Lawrence, County Auditor, stated that he would not make
payment to this employee as of May 1 unless he had a court order.
Motion withdrawn.
It was moved by Supervisor McKillop, and seconded by Supervisor Cameron
that Mr. Scott be reinstated as of the time of his re-employment.
Bob Jones, BCFA manager, said this is the first time this has come
up. This will have some far reaching circumstances. He suggested that
maybe County Couaeel should study this matter. Ptr. Jones felt the Board
has modified the recommendation of the Appeals Board. This would not
be acceptable to Mr. Scott.
Mr. Lawrence explained his statement about the paying of this
employee for the time he did not work. Mr. $lsckstock said he would have
to disagree with Mr. Lawrence. Se explained his thinking in this matter.
It was moved by Supervisor Richter Chat the above motion be tabled
at this time.
Letter from Sorry M. Marsh, from Marsh, Washington & Marsh,
attorneys at Law, read into the record. They represent the Butte Ccunty
Employees Association. page 342.
May 20, 1975
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Mr. Jones felt Mr. Scott could have been notified that he was not
going to be re-hired. The man reported to work on May 1st and he was
told he could go home.
Mr. Blackatock explained the County Charter provision. He read
the section relating to this matter. The incumbent shall be appointed
and work at the will of the department he represents. This Charter
section might well be tested in Court. Mr. Jones stated that on that
provision, any department head would have the right to hire and fire;
he feels this would be nonsense. The County has a peraoanel department
to handle Chia matter. He does aot think it is in the best interest of the
County to test this matter in court. The Employees Association would
like some type decision is this matter.
Supervisor McKillop withdrew his motion concerning the date of
re-instatement,
Mr. Lawrence stated that Mr. Scott could be reinstated as of
today and he would pay him Starting as of this tits.
It was moved by Supervisor Cameron, seconded by Supervisor Madigan
and carried that Mr. Scott be reinstated as of today, May 20, 1975.
AYES: Supervisors Cameron, Madigan, McKillop and Chairman Ladd
NOES: Supervisor Richter.
CHAIRMAN LADD EECOGNIZED AND WELCOMED THE CONTEMPARY ISSUES CLASS OF
LAS PLUMAS HIGH SCHOOL AT THIS TIME.
75-860 ENDORSE TELEGRAM IN SUPPORT OF SB 839
Jim Rackerby, Personnel Director, stated he had received information
from the State Compensation Insurance Fund relative to the legislation
that places a limitation to presumptive heart conditions. Under the present
bill the police that have been retired for many years can come back and
secure disability for heart eoaditions. Senator Ways has introduced s
similar bill. Bill explained. Mr. Rackerby read a prepared telegram
that could be sent upon Board approval in support of Senator Weys
bill. This bill is to be heard today in Sacramento. Th1s ie Senate
Bill 839. Bill discussed.
On motion of Supervisor McKillop, seconded by Supervisor Madigan
and unanimously carried, the Board endar~ed the telegram to be sent in
support of Senate Bill $39, with copies to go to the entire committee
and to the County's representatives in Sacramento.
75-861 CLOSED HEARING ON SKYWAY AS3ESSMENT DISTRICT N0. 1
The Board held the closed hearing on Skyway Assessment District No. 1
at this time. Dan Blackstock, County Counsel, stated that the first item
would be the contribution for County Service Area No. 38, He explained
how this could be handled. The Board should decide how the contribution
could be made. The maximum tax rate of the district explained.
Supervisor Cameron explained his thinking regarding the loan to
the district. He has been at many meetings is the last week regarding
this matter. He thinks that the feeling of the people is that they are
willing to carry their share and they would support this loan to Che
district. The lasn will be paid for by the people in Paradise. It
was stated that the County could legally make this type loan to the
set`~rice area.
Supervisor Madigan suggested that since the Board has heard all
Page 343.
May 20, 1975
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sorts of protests £ram the people, it might be well to hear from the
people who will have this burden shifted Co them.
The story has been carried well in all the papers concerning the
possible loan to the service area and Supervisor McKiilop said he has
not heard any objections from the people involved. He, also, said he was
concerned about the contractor.
Loan to Service Brea discussed. Supervisor Madigan asked what
difference it would make to the contractor if this matter was placed
back on the agenda for next week. Mr. Blackatock said it would not make
any difference. Any contribution the County would 11ke to make weuid
have to be: put in a resolution and this will have Co be prepared and
adopted by the Board.
Discussed how this could be put before the people to receive
their in-put in the matter. It could be placed in the papers that
the Board would hear the protests from the people at tomorrow morningls
recessed meeting. Chairman Ladd asked if this would be setting s
precedent; there will be additional roads proposed in that area. Will
these people also ask for a loan?
Supervisor McItillop said he would go along with the suggestion
that the Hoard announce they would hear objections tomorrow morning
following the BCAG meeting.
On motion of Supervisor Madigan, seconded by Supervisor McRillop
and unanimously carried, this closed hearing oa Skyway Assessment
District No. 1 was put over until tomorrow morning at 9:30 a.m.
Oa motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, the Board approved the increasing of the appropriation
in County Service Area No. 38 to $12,756.53 and authariLed the contribution
to the assessment district oa a proportionate share for the Skyway project.
75-862 ACCEPTED DONATION FROM PETERSON TRACTOR COMPANY OF CHICO TO
COMMUNITY ACTION AGENCY
On motion of Supervisor Richter, seconded by Supervisor Cameron
and unanimously carried, the Board accepted the donation of $47 from
Peterson Tractor Company of Chico and approved the use-of'the donation
for the coat of 600 pamphlets regarding the Housing Improvement Program.
Mr. Nickelson will write a letter to Peterson Tractor Company
thanking them fox their donation.
75-863 APPROVE WAIVING OF FIRST READING OF SALARY ORDINANCE AMENDMENT
A salary ordinance amendment has been prepared to implement minor
personnel changes in several departments and to consolidate the PEP and CETA
positions for administrative purposes. Information has been given to the
Board members regarding this matter. Chairman Ladd questioned Mr. Rackerby
concerning the CETA position and the Typist Clerk II position. Mr. Rackerby
stated that this departmenC no longer needs a shorthand clerk; the job
has been down graded. It is not creating a new joh.
The change of nurse-practitioner to clinic nurse discussed.
Mr. Rackerby feel that if this position were to be eliminated, Dr. Enloe
should be consulted.
Changes discussed.
P_sge 344.
May 20, 1975
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On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, the Board wavied the first reading of the salary
ordinance amendment.
75-8fi4 AIITfIORI2E RHQUEST FOB CERTIFICATION OF POPULATION ESTIMATE WITH D$PT.
OF FINANCE
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, the Administrative Officer was authorised to
request certification by the Department of Finance of the population
estimate for subvention purposes.
75-$b5 NCR BOOKKEEPING MACHINE DECLARED SURPLUS PROPERTY
The Superintendent of Schools requests the Board to declare an NCR
bookkeeping machine surplus as it is old and can no longer be maintained.
The machine was overhauled in 1971 and the Company will no longer overhaul
it and guarantee performance. They will give a trade-in value of $200 as down
payment on rental of another machine to be used until such time as the
system can be placed on data processing.
Mr. Lawrence stated he has three of the same type machines
that should be declared surplus in the near future. NL-:, Nickelson
recommanded that the Board go ahead with this present request to have
this machine declared surplus and then handle~~ the other machines at
e later date.
On motion of Supervisor Cameron, seconded by Supervisor McKillop
and unanimously carried, a NCR bookkeeping machine was declared surplus
property and disposal was authorized by turn is for credit against rental
of another machine.
RECESS; 10:20
RECONVENED: 10:35
75-866 APPROVE AWARD OF BID: SUBCOMPACT AUTOMOBILE
A memo of explanation and recap~~ bids for the subcompact automobile
has been sent to the Board members. Tam Chevrolet of G1-ico ie the low
bidder for all options requested. Supervisor ltichCer stated he wished
the Board would adopt a policy that they would purchase just subcompact
automobiles wiCh the exception of the police cars. He would also Like
to have the air conditioning deleted from all new care to be purchased;
he feels that all fringes should be deleted from the sew cars. Mr. Struthers
commented on the matter of the air conditioning. The County receives
the value back at the time of trade-in. The State has done a study on
this matter and they even place air conditioning in their trucks.
Air conditioning discussed.
On motion of Supervisor Cameros, seconded by Supervisor Madigan
and carried, bid was awarded to Tam Chevrolet of Chico in the amount of
$3,212.04, with the air conditioning and with standard transmission.
75-867 DISCUSSION OF BALD ROCK ROAD & OROVILLE-QUINCY ROAD CONSTRUCTION:
PUBLIC WORKS AUTHORIZID TO CONTINUE WITA THE PROJECTS
Discussion of the Bald Rock Road sad Oroville-Quincy Road construction
~tJ/,0 ~ 6e1d at this time. Supervisor McKillop requested Chat Ciey Castleberry,
Director of Public Works, give the background of these projects.
Mr. Castleberry described the two projects. The clearing is almost
two-thirds completed on Che Bald Rock Road project. Extension of the
road explained. Right-of-way acquisitions have been completed except
for one small parcel. Mr. Castleberry stated that he had made & copy
of the plans and given them to sage°~~51a the community to show the
May 20, 1975
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people what had been planned in the way of improvements.
Oroville-Quincy Road project is the completion of the connecting
link from Harts Mill up to the Berry Creek School. They have acquired
about tpo-thirds of the rights-of-way for this project. Project explained.
Widening set out. Opposite the Canyon Creek Store they will widen the
road and put in a walkway.
Letter from the California Highway Patrol read; they recommend
that the project go forward.
Letters and petitions received read by the Clerk at this time.
Hearing opened to the public.
Appearing:
1. Elaine Worley. She filed a petition opposing the improvements.
She urged the Board to consider the request to halt the improvements.
2. Fred Eleazer, property owner. He again filed copies of
petitions opposing the improvements. He questioned the validity of the
safety of travel on the road if the improvements are completed. He
feels the County should leave the curves in the road.
3. Mr. William Huston. He spoke o£ the horrible condition at
the intersection of Bald Rock Road and Oroville-Quincy Road. He feels
thaC Bald Bock Road should be straightened out because of the many curves.
4. Mr. Michael O'Brien. He requested that Chairman Ladd not
vote an this matter because of conflict of interest.
5. Royal Mannion, U.S. Forest Service. He made a statement concerning
the Oroville-Quincy Road; this is an access road to many areas o£ the County.
Many board feet of timber are hauled over this road from May through
September. Mr. Mannion stated that it is the recommendation of the U.9.
Forest Service that this should be a two-lane paved road. This would mean
the continuing of the improvements to the Oroville-Quincy Road.
6. Mrs. Peggy Gilbert, Bald Eock Road. She asked if there had
been an E.Z.R. oa this project. It was stated that the Committee has
considered this and have filed an EIR statement. She asked what would
happen to the timber on the cleared part of the road. The County
purchasing agent has reviewed this and ha might be able to get this
timber removed. He had proposals for the removal from two interested
people. The material will be removed for the salvage value. Removal
of the logs discussed.
7. Shirlee Eleazer. She spoke for the Pioneer School Mothers
Club; they disapprove of the proposed realignment of the road in frost
of the school. The schooi board will not give the right-af-way for the
realignment.
8. Mr. Robert Sorenson. He feels that the environmental people
are getting a little out of line; the intent was good but today they are
beginning to become little dictators. He spoke in favor of the projects.
9. Mrs. Harriett Bohn, Merrimac Star Route, Oroville. She feels
that the trees should be left on the hillside. She has tried to keep the
trees on her property. The trees help the watershed and keeps the earth
from sliding away. Page 3~+6.
May 20, 1475
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10. Victor Duluce, owner of Mt. House. He is for the straightening
of the road for safety. He said that during the winter, even tho
road crews have a hard time going up to do the clearing of the roads.
li. Mrs. Benjamin Gray. She feels that this is a hazardous
road; During the winter months when the water runs across the road
it freezes into black ice. It is dangerous for the school buses.
This project is necessary to the safety of all. She approves the
work that has been done and that is to be done.
gearing closed to the public and confined to the Board.
Supervisor McKiliop stated that most of the people spoke concerning
Joe Moore Hill. This was improved a few years back. Over the years the
County has tried to get a good access road into Bald Rock, the Lake
Madrone area and into Sucks Lake. The County has the money to do this
work now and he feels that it should be done. ge said he knew that there
were people up there that did not want growth but the Bnard has to take
care of Che general traveling public.
On motion of Supervisor Madigan, aecoaded by Supervisor Richter
and carried, the Board concurred with the previous decision and authorized
Public Works to continue with the Orovllle-Quincq Road and the Bald Rock
Road projects.
AYES: Supervisors Cameron, Madigan, McKillop and $ict-ter
NOES: None
ABSTAINING: Supervisor Ladd
Chairman Ladd stated that as a courtesy to the opposition, he abstained
from voting on this motion.
75-868 APPEARANCE: MR. BOB MULHOLLAND
Bob Mulholland, Chico, stated that he hoped the Board would take
a vote tonight when all the interested people are present to discuss the
Highland Park Subdivision. Chairman Ladd informed him that County Counsel
has advised theBoard that they are to take action tomarraw on this matter
is the Board• Room.
75-869__APP_EARANCE:_BILL ROBERTSON. MERRIMAC STAR ROUTE. OROVILLE
Mr. B1I1 Robertson, Merrimac~Star Route, Oroville, stated he was
a ppearing concerning his division of a parcel of land. He wen told
that Chis matter was listed under the Planning Department's items.
75-869 APPROVE EXTENSION OF PARKING LOT AT OLD HOSPITAL
The move of the District Attorney and Probation Department has
created a need for additional parking for employees. Public Works has
estimated that 25-30 new spaces could be added to the lower parking lot,
mst of the old main building, at an estimated cast of $25,000. Anew
concrete walkway and ramp over a drainage ditch is estimated at $2,000
for a total of $27,000. Included in this estimate ere concrete bumpers
for the extended lot and the employees' lot at the corner of Robinson
and Huntoon Streets. Mr. Nickelson explained this item, The CETA crews
will install the bumpers. Request discussed.
On motion of Supervisor Madigan, seconded by Supervisor Cameron
and unanimously carried, the extension of new lot and concrete walkway
and bumpers for the additional parking requirements were approved as
requested.
75-870 APPROVE GOLDEN FEATHER FAIR BUDGET TRANSFER 75-1 ~ PLANS AND
SPECIFICATIONS FOR FIRE MARSHAL IMPAOyENlENTS: AUCTIONEER'S LICENSE &
AMENDMENT TO KENMAR RESIDENTIAL CARE HOMES INC. CONTRACT
On motion of Supervisor Cameron, aeconc?ed by Supervisor McKillop
Page 347.
May 20, 1975
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and unanimously carried, the following action was taken:
1. Approved Golden Feather Fair-budget transfer 75'1 which increases
revenue from attractions by $7,500 and increasee expenditure account acts,
entertainers, and shows by the same amount.
2. Authorized call for bide and award to lowest qualified bidder
for improvements required by State Fire Marshal, for Golden Feather Faitr~
3. Approved auctioneer's license for Weat States Company, Marysville
to conduct auctions d.t 2205 Pacific Heights Read.
4. Approved amendmeata to services agreement between Kenmar and
County of Butte and authorized the Chairman to sign.
75-871 APPROVE BUDGET TRANSFERS
Sudget transfers discussed. Sheriff transfer explained. It
was suggested that the Sheriff come in and talk to the Board about the
transfer.
Supervisor Aichter requested that transfer 8-297, Auditor, be
deleted. He would like to have a study of the transportation posts in
the Auditors Office. Mr. Nickelson stated he would have a study made
of this. It was stated that funds have bean transferred into this account
previously. Mr. Nickelson will have a report to Che Board in their
packet this week. This concerns out-of-tows trips.
and
On motion of Supervisor Cameron,/seconded by Supervisor Richter
Budget Transfers B-293 through B-297 were approved, with a report to
be made on the travel transfer for the Auditor.
Motion discussed and then withdrawn.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the following budget transfers were approved,
witty the deletion of B=297, and with the request that a report be made
by the Sheriff regarding transfer B-293:
B-286 Public Works - Yards and Stores. !?tlUU is transferred to small
tools and'instruments with $400 coming frem equipment maintenance, $2b5 from
structural maintenance and $135 from office expense all within the Yards
and Stores budget. Due to inflation the small tools and instruments account
is already short aver $185 and this amount is needed to cover the deficit and
provide for the balance of the year.
B-287 Refuse Disposal. $12,200 is transferred to salaries and wages regular
with $4,280 coming from land fill hauling and $7,92D from rural dump hauling all
within the Refuse Disposal budget. During the year Board authorizes transfer of a
road maintenance man IIL to operate the second tractor purchased for'oper~tion of
land fill at Neal Road Dump. This position was not budgeted and Cherefore monies
are needed to cover.
B-288 Refuse Disposal. $30 is transferred from rural dump hauling to other
transportation and travel to cover small deficit and provide for mileage far balance
of the year.
B-289 County Counsel. $400 is transferred from board authorized travel to other
transportation and travel and is to saver present deficit and provide for the balance
of the year. Travel in excess of that anticipated as well as higher mileage is the
reason. ..._._.._.__ ..._. __. _.
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' B-290 Health Services A_~ency, $G50 is transferred from other transportation
and travel to special departmental expense within the Agency budget. This is to
purchase two 30-minute motion picture films with the descriptionsattached for the
purpose of Graining and orientation of indfviduals working with and intezeated in
alcohol services. The film requirements have been reviewed-i)y the Alcohol Progzam
staff, the Alcohol Advisory Board and the Health Department and Educational Services.
B-241 Library. $83 is transferred fzom professional and special services to
board authorized travel. Estimated travel of the Librarian to the Annual Conference
will exceed present appropriation by this aroount.
B-292 _Pu_rchasxnR, $335 is transferred to communications and $15 to publications
with a total of $350 coming fzam increase of indirect services transferred Eram the
Purchasing budget. Communications amount covers present deficit and provides funding
for the balance of the year. Increased volume a£ business plus additional staff and
office relocation have caused this aver-expenditure. There has been a greater volume
of publication of legal notices for building projects and surplus sales than
anticipated, requiring the amount in publications and Legal notices.
8-293 Sheriff, $18,000 is transferred from the reserve for contingencies
with $B,OOd going to food, $8,000 to gas and oil for department vehicles and
$2,000 'to prisoner transportation. Increase in jail population and food costs,
more patrol miles and less mileage per gallon, and more prisoners being transported
by airplane due to mileage involved are the reasons for the transfers.
B-294 Su~ezior Court. $1,000 is transferred from other transportation and
travel to board authorized travel within the Court budget,This merely corrects
budgetary error in that the amount should have been budgeted in board authorized
travel rather than other transportation and travel.
8-295 Chico Marshal. $I00 is transfarred from other transportation and travel
to offfice expense and is to cover small deficit and provide for the balance of the
year. Duplicating costs higher than anticipated have caused the overrun.
B-296 Grand Sari. $4,7.50 is transferred from the zeserue for contingencies
to jury and witness expense. Costs for regular and special meetings and committee .
meetings have exceeded budget estimates, Meeting casts have averaged $434 per
month and committee meetings almost $800 per month. The requested amount will cover
present deficiency of $808, approximately $2,180 in pending payroll claims and will
provide for the balance of Che year.
Supervisor Richter said he would like to hold B-297 over until
a report is received from Mr. Nickelson. Chairman Ladd said he thinks
that a Board member hoe aright to request a separation of any item.
Mr. Lawrence said he would bring a report back next week. Extra
help transfer discussed.
On motion of Supervisor McKillop, seconded by Supervisor Richter
and unanimously carried, the Board approved the extra help item oa
Budget Trartafer B-297, transfering $1,35D from regular salaries to
extra help, within the Auditor's budget, and that the travel request
portion of the transfer be brought back next week.
75-872 OObII~lITTEE APPOINTED TO MEET WITH BOARDING HOME OPERATORS
Mr. Mickelsaa zeported that the Boardin~(iome operators are
concerned about the rising costs. They planned on appearing before the
Board next week. He would suggest that the Board appoint a committee
Page 349.
May 2D, 1975
~ ,.~
May 20, 1975
s a a v e a v v v v v v v:s v a v v v v s v a v n m v a s m¢ s a zt m y
to meet with Mr. Crisan and the boarding home operators and discuss the
request for a raise in their rates. Supervisor Cameron said he would be
willing to serve on the committee. Chairman Ladd appointed Supervisors
Cameron and Madigan to meet with these operators to discuss their problems.
RECESS: 12:05
RECONVENE: 1:30
75-873 APPROVE PUBLIC WORKS ITEMS: ADOPT RESOLUTION 75-74
Discussion of the right o£ way acquisition for the Baggett-
Marysville realigmnent. Supervisor Cameron was Concerned as to whether
this was the area ae proposed by the Hoard. Supervisor McRillop explained
where the area is.
Supervisor Richter commended Chairman Ladd for the work he did
in red3cing the cost of the paving and drainage work for Public Works aad
Planning.
Discussion of the request for waiving the renewal foe for the
Historical Society. Chairman Ladd didn't feel the fee should be waived.
He doesn't feel the Board has the right to take money out of a fund that
is created by the fees of the permits. Supervisor McKillop stated that
these fees have been waived in.similar cases.
Clay Castleberry, Director of Public Works, stated that this
is simply a request to waive the renewal Fee. They have not had time
to co~plete the building and wish an extension of time.
On motion of Supervisor Cameron, seconded by Supervisor Madigan
and unanimously carried, the Board approved the following:
1. Waived the renewal fee for the Historical Associatioa'&
building permit is the Centerville area ($43).
2. Approved tsaff~:e~.aignal agreemenk with Chico {Mangrove
aad Cohasaet and also Mangrove and 9th), subject to approval as to
Eorm and fiscal and budgetary control.
3. Authorization granted to include paving with a road project
contract aad approved $7,000 for the materials and labor by CETA and force
account crews.
4. Approved agreement fox sale, right of way acquisition,
authorized the Chairman to sign and authorized the Auditor to issue warrant
upon demamd of County's escrow agent:
Haggett-Marysville Acres Price Impr. Total
Realigmneat D'Amato Conat. Co. 5.672 $3,62b 0 $3,826
5. Adopt Resolution 75-79 declaring 4-way atop at intersection of
Foster and Roe Roads, and authorized the Chairman to sign.
75-874 8ET PUBLIC HEARING FOR ERTENSION OF INTERIM A-2 LTD. AND RT-1 ZONES
IN THE PARADISE PINES AREA: JUNE 17 1975 AT 11:30 A.M.
Jim Lawson, Planning Director explained that this was the portion
of the Paradise Pines rezoning that was referred back to the Planning
Commission,
Page 350.
May 20, 1975
~ T'1
May 20, 1975
_ s n a m e w s m s a w w w w s w s w ~o ~m a s w s w 6 e e r w w g s
A public hearing was set for June 17, 1975 at 11:30 a.m. far
the extension of interim A-2 Ltd. and RT-i for the areas deleted from
the Paradise Spriggs, Unit ~~1, lots 331; W'~ of lots 332 through 334; lots
343 through 596;'a£ Fir Haven Sub. Aiso a portion of Sec 23, T23N, R3E,
and Sec 24, T23N, R3E, located north of Paradise.
75-$75 SET PUBLIC HEARING FOR S011STTHERN CALIFORNIA FINANCIAL CORPORATION
REZONING: JUNE 10 1975 AT 11:30 A.M.
A public hearing was set for Southern California Financial
Corporation rezone from R-3 (Multiple Family Residential) to RT-1 (Single
Family Residential-Trailers) for property located on the west aide of Royal
Oaks Drive, approximately 300 feet north of Greenbrier brive in Kellq Ridge
Estates for June 10, 1975 at 11:30 a.m. in the Board of Supervisors' Room.
75-876 APP1tOVE TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL
Discussion of the David buncombe map. Supervisor Cameron stated
that he had been contacted by the people involved and they had requested
that the map be put over until they could be present.
The David Duacombe map put over to May 27, 1975.
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, the Board approved the following tentative parcel
maps, subject to conditions, with the note that negative EIRs have been filed
and that the findings be that they are in consistency with the zoning and
general plan:
ZoneB R-3 'l'homas & -4arq Selkirk, AP 39-8612, Z iota, east of
G.P. 1-4 du/ac Bruce Lease, Bruce Tract, Chita.
Pursuant to the requirements of 5~setion 20.3 of the Sutte County Cade,
the tentative parcel map of tha above property has been reviewed by
the Butte County Subdivision Committee and the Planning Coneaission.
The Subdivision Committee and the planning Commission recommend
approval of the tentative parcel n:ap, subject to the fallowing
conditions:
1. Deed to the County of Butte 30 ft. right-of way from the
centerline of Bruce Lane.
2. Indicate a 50 ft. building setback from the centerline of
Bruce Lane.
3. Show on the final map parcels of not less than five (5) acres..
A Negative Declaration Regarding Environmental Fact vas filed •rith
tha County Clerk oa Aprii 21, 1975.
Page 351.
May 20, 1975
_ May 20, 1975
r s s rc s s s s s s ss s s s s s s s s a s e s s e+ s s s s s s s s s s e
Zoned S-1 St. Clair Conatrpetion Co., AP ~3-04-8b, 93, 95 i~ R7,
G.P. 1-4 du/ac 4 iota, east of Fern Ava., between W: 12th Ave. & W.
11th Ave., Chico. Engineer« McCain Assoc.
Pursuant to the requirements of Section 20.3 of the Butte County Code,
thn tentative parcel map of the above identified property has been re- ...
viewe~`~by the Butte County Subdivision Cot~¢nittee and the Planning
Commission.
The Subdivision Committee and the Planning Commission recommend
approval of the tentative m,~p, subjcsat to the following conditions:
1. Enlarge Parcels 1, 2, i 4 to meet the minimum requirements of the
Subdivision Ordinance.
2. 3}®@d to the County of Butte 30 ft. right-of-'way fx'osn the centerline
of W. 12th Ave., W. 11th Ave., and Fern Ave,
3. Submit improvement plans to the Ylepartment of Public korks for approval
and construct full road improvement on W. 12th Ave., W. 11th Ave., and
fern Ave., including curbs, gutters, sidewalks, and storm drainage.
A Negative Declaration Regarding Environmental Impact was riled with the
County Clerk on April 21, I975. '
Boned A-2 H . C . Iialverson, AB ~ 1-O I-02 6 US anal AP ~ i-51-O Q , g Zots ,
G.P. Timber east of Hwy. 70, 5tankee Hill. Surveyor: John W. Hamby
Mt. Terr. '
Pursuant to the requirements of Section 20.3 of the Butte Cotmty Cods,
the tentative parcel map of the above id4ntified property has been xe-
viewed by the Butte County Subdivision Committee anc3 the Planning
Commission.
The Subdivision CommitteE and the Planning Commission recomYend approval
of the tentative map, subject to tFse following conditions:
1. Indicates a 100 ft. septic tank free setback from all streams.
2. Provide proof of water or piece the statement on the map, as required
by the Ordinance.
3. Verify legal access.
4, ProviBe traversable access, smd a road mainte~nisnce agreement.
5. Indicate a 50 ft. building setback from all easements.
A Kegative Declaration Regarding E:zvironmental Tmpnct was filed with
the County Clerk an April 21,~ 19?5. •
Page 352.
May 20, 1975
~^,, ~~
Ma-yr20. 1975
.e r a. r s r r r .t r r r r t r t r ~ s a r r a r c-n n r~ ~ r e r r
The timber mountain classification ie izstanQad for those areas xhich
have value ss timber producing areas, gvatc~rahed areas, scenic areas,
recrea,tiional areas and areas which by their oharaci:ar tend particular
topography require special treatment and protection to mitigate po-
tential damage. Resie~ential•development in there areas should be
confined to areas where the topography of the land will allow a mini-
mum amount of damage by way of erosion, siltation, surface and ground
water pollution or the d~astruction of scenic and hisfiarical areas.
Density should be considered on the basis of these factors and weighed
against• alternate -use of +~i~6 •areas for titohex production,. recreation
and waterahe!! protection.
Soned A-2 B. J. Robertson, AP 62-OS-07, 2 lots, ea~nt of Oroville-
G.P. 'L'imb. ' Quincy Itd., west of Fonderosa Way, east of Lake Oroville.
& Mt. Tarr. Engineer: Grant Elliott
Pursuant to the requirements of Section 20.3 of the Sutte County Code,
the tentative parcel map of the above identified property has been re-
viawed by the Butte County Subdivision Committee and the Planning Commission.
The subdivision Committee and the planning Oommission recommend denial
o£ the tentative parcel map, finding that it does not meet the minimum
requfxements of the Ordinance. If approved, the following conditions
are recommended:
1. Indicate a 50 ft. building setback from the centerline of Oro-Quincy
Hwy.
2. Indicate a 50 ft. septic tank free setback from the edge of the creek.
A Negative Deolaratian RsgarcZing Environmental Impact was filed with the
County Clerk on April 21, 1975.
The timber mountain classification is intended for those areas which
have value as timber producing areas, watershed areas, scenic areas,
recreational areas and are as '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 xili allow a mini-
mum amount of damage by way of erosion, siltation, surface and gro~u-d
water pollution or the destruction of scenic and historical areas.
Density should be considered on the basis of these factors and weighed
agaimet alternate use of the areas for timber production, recreation
an8 watershed protection.
At the Planning Co~naissicn, held May 8, 1975, an exoeptioa ass granted _ .'
for this lend divisism. .. .
Page 353.
May 20, 1975
~~ T^,
a~e~sa~a~maa~err~y~2g,-1.75vaa
a as ie a Q a n n a m ~ ~ m s a
75-877 DISCUSSION: SALE OF SURPLUS WATER TO THE L05T HILLS WATER DISTRICT,
BERN COUNTY
Dan Blackstock, County Counsel, stated that he had been contacted
by a Mr. Goodman who had requested that the County sell their surplus water
to the Loet Hills Water District in Kern County. They are offering a contract
similar to one Mr. Blackstock gave the Board members. Before any definite
contract could be signed, this would have to be discussed with the Department
of Water Resources. Mr. Blackstock brought this matter to the Board for
their direction in how to proceed.
He explained that this would involve the sale of surplus water
conditioned upon the 8ovnty's vas and needs. Also, the contract would
be on a yearly basis.
Supervisor McKillop stated that he though the backup material
supplied by Mr. Blackstock was very good and though the contract would give
the County a lot of flexibility. Supervisor Madigan stated that he knew
of other areas that would be interested in buying surplus water and felt
that the water should be sold for the i~igheat price.
Mr. Blackstock explained to the Board that any contract entered
into in this matter would have to ba a three-way contract which would
include the Department of Water Resources. The County would be protected
in this contract.
On motion of Supervisor McKillap, seconded by Supervisor Madigan
and unanimously carried, the Board directed County Counsel to pursue the
selling of the unused water of the county to Kern County and to bring
a recommendation back to the Board, with the Chairman selecting two Board
members to work on this also.
6hairman Ladd selected Supervisors McKillop and Madigan to
work on this project.~le:.
75-878 ALTtHORIZE LETTER IN SUPPORT OF MO_DOC COUNTY RE GEOTHERMAL RESOURCES
~ Q Q.4~ Supervisor Madigan stated that he had placed this on the agenda
for discussion. It was di~seusped et the la et RCRC meeting and that
Modoc County has passed a resolution opposing Senate Constitutional Amendment
No. 20. This amdndment would exempt from property taxation all of the tax
valve of developed or proven, but unused, reserves of geothermal resourees
and would leave any alternative method of Caxation to the legislature.
Ehpirman,Ladd felt it was to the best interests of eIl the people
to get development wherever possible in this area. However, he suggested
thaC a tax break or similar advantage be given after development ae an
incentive for development. Discussion.
On motion of Supervisor Madigan, seconded by Supervisor Cameron
and unanimously carried, the Board authorized a letter to be written in
support of Modoc County's opposition to Chia measure.
75-879 CONTINUATION OF HEARING RE APPEAL TO SUBDIVISION COMMITTEE FILING OF
NOT3CE OF VIOLATION ON_A_P_41-12 (CONTINUED FROM APRIL 15)
Mr, Blackstock stated that this is the area an Pentz-Magalia
Road. He would like to have this matter continued one month to enable
Page 354.
May 20, 1975
May 20, 1975
c m a c v m z c m e o r r of r r r s m a r c c m c s c c c c o c c ro s
the people to complete the agreement they have proposed. He feels that
the problem will be solved by this agreement. Supervisor Cameron stated'
that he hed talked to Mr. Johnson, who is trying to get the agreement
signed, and that he was working very hard on it but had just not been
able to get all the signatures.
Bettye Blair, Planning Department, remarked that there ie more
to be considered is this matter than just the maintenance agreement. There
is also a consideration of the Realth Department aspect. She also stated
that they had notified people that there would be a public hearing on this.
Hearing opened to the public at this time. Appearing:
Palmer H. Hatch, attorney. He stated that they would agree to
the continuance but that they would like to be issued a conditional
certificate of compliance because people in tha area have been served
with a D&R from the state. Thin conditional certificate would enable
him to show the state that the people are trying to solve the problem.
Mr. Blackstock stated that in order to issue this certificate,
the appeal must be resolved. He explained that a hearing would have
to be held and a decision made as to the appeal. However, if the
agreement is signed, in effect there would be a stipulation and everything
would be resolved. For these reasons, he suggested that the Board continue
the hearing for one month. In reply to Mr. Hatch's concern over the D&R,
Mr. Blackstock stated that this was consistent with the County's action
on this item. The date of the D&R was July 10, 1974. Mr. Blackstock
stated that the time of appeal for the people was over so there wen no
need for a conditional certificate of compliance.
Mr. Hatch agreed to a 30-day continuance. Mrs. Blair stated
that her department is ready to proceed at any time.
Oa motion of Supervisor Cameron, seconded by Sppervieor McRillop
and unanimously carried, the hearing was continued for 30 days to June 17,
1975 at 1:30 p.m.
75-880 AUTHORIZE LETTER TO COOK ASSOCIATES RE PARADISE LIBRARY
Supervisor Cameron stated that a meeting had been held and
the plane were discussed, with a few changes suggested. Cook Associates
should be be€ore the Board next Tuesday ready to go tc bid.
Ghairmaa~i,add directed that a letter be sent to Cook Associates
urging, in strong language, that they be before the Boerd of Supervisors
next Tuesday, May 27, with completed plans ready to go to bid.
75-881 AUTHORIZE LETTER RE HEALTR SERVICE AGENCY BOUNDARIES
Supervisor Cameron stated that he hoe been informed that the
recommendation of the Health Committee to the Department of Health
regarding the areas has been thrown out the window and completely
different areas have been selected. The hearing on the new areas will
be held tomorrow, May 2l. He feels a letter should be written to the
governor to protestthe method used by the Department of Reelth. Dr.
Enloe has been asked to go to the hearing to represent the county.
The counties involved are being contacted to get their reaction to the
situation and to try and get something done about it.
Page 355, May 20, 1975
~~, r"~
May 20, 1975
c c c x s a== a c a c a c c c a m c c x o s m c x a c a a a c s x x m
Supervisor Cameron explained that a Mr. Weinberger has the final
decision ae to where the boundaries of the health service agency will be.
With the changed boundaries, counties are being grouped exactly the way
they had opposed.
Supervisor Cameron moved and it was seconded by Supervisor McRi.llop
that a letter be written in very strong language to the governor, state
representatives, Department of Health, with a carbon copy to Mr. Weinberger,
senators and congressmen expressing the Board's feeling regarding the action
taken, asking for reasons ae to whq the wishes of the counties were
disregarded and why these particular boundaries were selected.
Supervisor Cameron objected strongly to the complete disregard
of the work done by the counties in this matter, He stated that the
Department of Health is not following the criteria of the federal law.
Re a18o stated that the governor had requested a sixty-day extension
which was denied by Mr. Weinberger.
Chairman Ladd aeggested that a separate letter be written to the
governor as he feel the governor has tried to work for the counties in
this matter.
Supervisor Richter suggested that Supervisor Cameron make an
appointment to discuss this matter with the governor, as soon as possible.
" Vote on above motion: Ayes: Supervisors Cameron, Richter,
Madigan, McKillog and Chairman Ladd. Noes: None. Not voting: None.
6hairman Ladd, with the concurrence of the Board, directed
Supervisor Cameron to make an appointment with the governor to discuss
this mattez.
Supervisor Cameron stated that the Sacramento-Mother Lode group
is meeting June 4 and 5 and he feels he should attend. The Board concurred
with this.
75-882 MATTERS PRESENTED BY BOARD MEMBERS
It was stated that a letter had been received from the Emergency
Medical Services Steering Committee noting that endorsment has been
received for the five county proposal and that it is being sent
to HEW. Also, theta is more money now available.
Supervisor Madigan stated that there should be a meeting with
Iand owners regarding the Butte Basin before the June 27 meetlag in
gedling with the Reclamation Board. If nothing is done, the plan will
be adopted as proposed. Supervisors Madigan and Richter will hold a
meeting on June 2 at 8:00 p.m. with the owaera of property in the area
and will try to aeiect a committee o£ these owners to try and write
cut guidelines to be taken to the June 27 meeting.
'Supervisor Madigan also stated that he had checked out the
Chico Raegv~tClub on a few nights and that they seemed to be complying
with the 10:00 p.m. rule.
Supervisor Madigan explained that the matter of the national
parks no longer stocking fish was discussed at the RCRC meeting.
A~.resolution will be going to the congressional delegation, secretary
of the interior and the governor expressing opposition to the stop
of stocking lakes in the parks. Supervisor Madigan felt that parks
should be for the benefit of the majority of the people.
Page 356. May 20, 1975
~_ ~'
May zo, 1975
v e e a c a: x m a~ as o ss s s a n .u s m F ^e =~~ a G= m •r mo w: ..
75-583 SUPERVISOR CAMERON REQUEST FOR REMOVAL FROM LAFCO
Supervisor Cameron requested that the Chairman remove him from
LAFCO as he is eo involved in the health service area problem. He
requested that someone else be appointed to complete his term.
Chairman Ladd stated he will check on this matter and bring
it back next week for a decision.
75884 DISCUS5ION: CITATIONS BEING WRITTEN BY ZONING INSPECTOR
Supervisor Cameron atatad that he ie in favor of the zoning
inspector being able to issue citations but that he would like to
hear from the other Board members.
Mr. Blackatock stated that this will be on next week's
agenda. He briefly discussed the citation process. This will be
proceeding on a criminal process basis. He suggested that these violations
be in the classification of infractions as distinguished from misdemeanors.
He also diecusaed the increased workload that would fall on the District
Attorney in this matter and stated that it might be that one of his deputies
will need to become a deputy D.A.
Also, it was pointed out that while the zoning inspector would
be under the same restrictions as a peace officer but would not, under
any circumstances, make arrests.
This matter will be on next week's agenda.
75-885 DISCUSSION: NEGOTIATIONS ON CHICO LIBRARY SITS
Supervisor McRillop questioned about the progess of the
negotiations on the site acquisition. Supervisor Richter explained that
he has negotiated with the representatives of the parcel that was appraised.
They don't seem to want to sell except at their prise. He feels that
other sites should be checked to let them know that there are other sites
available.
Chairman Ladd stated that he feels only one person should be
appointed to handle the negotiations as they would have more bargaining
power.
A report will be brought back soon on the library site.
Recessed: 2:50 p.m.
Page 357. May 20, 1975
~,
~~
e s a a r r a s o mae r s i ~~1 w~p ~ 41is75 w e e a r w s a ~c r x w n e e a r
RECONVENED: The Board reconvened at 8:00 p.m. at the Chico Veterans'
Memorial Hall. Present: Supervisors Cameron, Madigan,
McKiilop, Richter and Chairman Ladd. Dan Blackatock,
County Counsel, and Clark A. Nelson, County Clerk, by
Margie Cott, Board of Supervisors Clerk.
75- SPECIAL HEARING ON HIGHLAND PARK SUBDIVT5ION
The special hearing on the Highland Park Subdivision was called
to order by Chairman Ladd. Chairman Ladd said that tv best utilize the
time for this hearing, he would request that the speakers not repeat
themselves and to limit their remarks to the issues before the Board at
this time.
Dan Blackatock, County Counsel, set out the ground rules, stating
that according to the County Resolution the hearing would end at 11:00 p.m.
AlI exhibits shall be retained by the Clerk. The hearing was for discussion
of the request to remove two conditions pieced upon the map. One of the
cenditiona is that the property be annexed into the City of Chico. The
City of Chico declines to annex this property. The second condition in
question is the the subdivider connect this development to the city sewers.
Hearing opened to the public. Supervisor Richter requested that
before the Board heard from the audience that the tape of the Board
meeting of January 21, 1975 be played. Tape played at this time.
Appearing:
1. W. Lanford Ward, developer of the proposed Highland Park
Subdivision. He set out points that were not on the tape; he set out
the background of this map. When he thought the property was going to
be annexed to the City of Chico and hooked up to the City's sewers, he
had planned 52 units. After the lengthy discussions and hearings, he
revised his map to show 42 units. He feels that he could put in septic
tanks to handle these unite.
2. Wayne Turner. He requested permission to read a letter from
Bud Tracy, a realtor in Chico. Letter read. He favored the removal
of the conditions from the map.
3. Everd McCain, engineer for the subdivider. He set out alternative
ways in which this subdivision could be handled. He recommended that the
Hoard approve the elimination of the two conditions.
4. J. B. Stott, Bidwell Drive, Chico. He stated that this area
had very fine soil, but he feels that he needs good soil to grow good
lawns and gardens. He feels that this property should be allowed to be
developed as requested.
5. Bob Carr, West Sacramento Ave. He staked he was the only farmer
at present ~- in that area farming almonds. He opposed this developmenC
in that area.
6. Mr. Bob Adams, West Sacramento Avenue. He feels that the Board
should stick to the conditions of the present zoning for that area.
7. Mr. Fred Morgan, Planning Commiseioa for the City of Ghico.
The City of Chico had been requested by the residents of the area to
deny the request of Highland Park Subdivision for the preservation of
Agricultural land. He said the City recognized the fact that thew is
an acute housing shortage in Chico. This housing would sot take care of
low income people. If this development were to be allowed, it would
forever destroy this land for agricultural purposes. He urged the Board
Page 358.
Map 20, 1875
~" '"`~
xa w w e a a m w w w w w !i°t Zeta a49~5w w s w a w a a a w w w m w m m m m
not to remove the two conditions from the tentative map.
8. Mr. Dave Lantie, Chico. He showed elides of the area.
He requested permission to keep these original slides; he will have
copies made and delivered to the County. He stated that about a
year ago about 150 of the residents of that area met to make pleas
for the future development of that area. They desire that developments
be kept out of the orchards. He set out hie reasons for opposing
the Highland Park Subdivision. He suggested that the County purchase
the Turner property and lease it for farm land. He stated that he
has never supported zoning on the west side of Chico.
9. Neil McCabe, attorney at law, representing the "Save our Soil"
group. He expressed hie appreciation to the Board for holding this
hearing in the Chico area. His clients recommend that the Board not
eliminate the two conditions in questiop. If the conditions are left
to stand, it will be the end of the subdivision. Safety factor was
also considered; it was discussed in the B.I.R, ether factors relating
to this development explained by Mr. McCabe. Copies of the minutes of
the City of Chico Council meeting of January 2I, 1975 were presented to
the Board members. The City of Chico could not have coum~itted themselves
at that point. In order £or them to approve the annexation of this
property, they would have had to go through the pre-eanexation period.
Hearings would have to be held. When the City of Chico did hold a
hearing on the matter, they were confronted by an adverse E.I. R. and
they turned down the pre-zoning request. The law requires that the
adverse E.I.R, conditions must be met or they cannot approve the aubdiviaion.
Mr. McCabe argued the points in opposition to the subdivision and requested
the Board to keep the two conditions in question.
10. Mr. Wilbur Gano, Bidwell Avenue, next to the property in
question. He has farmed this area all his life; his orchard is at least
twenty years older than the Turner orchard. This land would raise
anything and should not be used for housing developments. Tt is his
feeling that he cannot farm his property if this aubdiviaion is allowed
to continue.
11. Mr. Harry Weathers, Bidwell Avenue. He set out his concern
regarding the contamination of drinking water if this development is allowed
to have septic tanks. He asked what impact this development would have
on the traffic in the area.
1'~. Tom Bafley. He opposed this development as he felt the
property could be farmed.
13. Mrs. Ruth Schab, West Sacramento, Chico, stated she is a
public health nurse and she is concerned about the possible contamination
of the water by this subdivision. She ogpoaes the aubdiviaion.
14. Mr. Jack Vanrosen, Chico. He said he was concerned with
whether anyone could come to the Board and receive a straight answer.
Mr. Ward needs an answer from the County so he can continue with his
project. He spoke in favor of the subdivision.
15. Mr. Francis Farley, Rose Avenue. He presented pictures of
the bridge in the area of this subdivision. He does not feel he wants
to have the bridge replaced due to a subdivision being allowed.
16. Art Gilman, Durham, fosmer aupatvieor, spoke as to whether
the Soard wants to have this property developed. He asked the Board to
sincerely considered this matter before taking action.
17. "Mr. Curt Bailey. He spoke concerning the scarcity of agricultural
land.
Page 359.
May 20, 1975
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a s r a r a a r r a e a r ~y. i5~b 19j.so r a a a r a a r r r a•Q m r
~ a ~
l6. Mr. I~iichael McGinnis. He questioned theBoard about the law
relating to the General Plan; he asked if the plan could not be amegded.
19. Bob Hymann, Bidwell Avenue; he stated his concera was for his
friends that live in the area of this proposed development. He owns a
few acres in that area himself and his concern is for the future of the
area. He hoped the Board would make a decision in opposition to this
development.
20. Mr. Ed Morrison, 81dwe11 Avenue. He set out the water table in
this area. His well is contaminated because of the effluence from the
Bidwell Apartments. He set out the fact that maybe if the County approves
this development, the County might be liable for the wells Chat would be
contamiaated. His main concera is the traffic that would be generated
it this development La allowed.
21. Bob Mulholland, Chico. The City Council voted against this
subdivision;, he stated his Chinking about the development and the action
that has been taken. He stated he felt that Mr. Richter should not vote
on this issue because he has a store in that area.
Hearing closed to the public and confined to the Board.
Supervisor Richter made a statement at this time. He stated that
the owner had attempted to act within the zoning on this property. He
said he felt the Board was present to act upon a tentative map. He believes
the decision ie clear; the Board should approve the tentative map.
Supervisor Cameron made a statement from the notes he had taken '
during this hearing. He said he would study his cotes tonight and will
8ct 8t the meeting tomorrow morning.
Supervisor McRillop stated that he felt this hearing had been
handled well and it was an informational meeting. The decision will be
made tomorrow morning.
Chairman Ladd said he felt the Board had heard a lot of sincere
statements tonight. Although he did not agree with everyone tonight,
he did try to listen and Ieara from the statements. At this pofat, he
did not know how he would vote in the morning.
RECESS: The Board recessed at 11:00 p.m. to reconrrene tomorrow,
May 21, 1975, following the BCAG meeting in Oroville.
*~*~~**rt**
RECOiQ9ENED:
Page 3 60.
May 20, 1975
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May 21, 1975
e a a a m e a s a a m e s s e s s s a s m s a m s d t m: m e m: m s m s a a
Reconvened: 9:05 s.m.
Present: Supervisors Cameron, Madigan, McKillop, Richter and
Chairman Ledd; Clif Nickelson, A~miniatrative Officer;
Dan Blackatock, County Qounsal, sad Clark A. Nelson,
County Clerk by Debra Clanton, Deputy.
75-887 DISCUSSION: MANPOWER PERSONNEL BEING USED TO TAKE CENSUS
,Tim Rackerby, PereonnAl Director, stated that a meeting of the Manpower
Council was scheduled to begin at 10 a.m. It had been discussed prior to the
meeting that possibly Manpower personnel could be used to do the census that
has been authorized,
The Board approved Mr. Ctackerby taking this suggestion to the
Manpower Counci L
75-888 HIGHLAND PARK SUBDIVISION: D RE UE5T TO REMOVE TWO CONDITIONS
Chairman Ladd read the heeding of a petition that had been presented
to him after last night's meeting that supports A-1D zoning in the west Chico
area.
Supervisor Richter questioned the Hoard members ca their feelings
of the idea presented last evening of the county buying the property involved.
Supervisors McKillop sad Madigan opposed this, but 6upervisor Cameron thought
he would have as objection to looking into the idea, checking areas that have
done this.
Supervisor Richter discussed his involvement 3n this matter. He
was upset by the Chico meeting and the views expressed by the people. Supervisor
McKillop stated that he feels the Board has voted to maintain the agricultural
area in past actions. He explained that he was in favor o£ this project when
it was knows as the Viatec Subdivision, but only if it was annexed to the city
and provided sewers. He feels he must stand on these two conditions for
approval of the map. He feels the Board has the right to condition any map
brought before the Board and that they should do sa if necessary.
Chalrmaa Ladd stated that he has gives this matter long consideration
as he feels every Board member~:has. He has mixed emotions on this matter because
he feels both aides have a atroag argument. He mentioned the Graham development
in the Chico area. He feels this is a different location and is not prime
agricultural land as this is. Chairman Ladd sympathized with the property owner
stating that he knows how it is to pay taxes on land and expect to use the
property as the owner seen #it. He hopes that the City of Chico will continue
to try sad atop any encroachment in this area because the Board does not have
the power .to prevent annexation. He doesn't believe that this issue should be
pressed on the city either.
Chairman Ladd explained that he feels the Board relied too heavily
on statements made by the City of Chico in this matter and that a mistake
was made by the Board on tits zoning. He doesn't feel that another mistake
on top of that will resolve the aitvatfon but will make it worse. Chairman
Ladd also commented that Supervisor Richter hoe struggled with this matter
and is trying to do what he feels ie the right thing. Even though the city
could~go ahead and annex the property, Chairman Ladd feels that they have
shown, in these two conditions, that the Hoard ie setting standards that
will be for the betterment of the people.
Page 361 May 21, 1975
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May 21, 1975
Supervisor Madigan moved and it was seconded by Supervisor Richter
that the two conditions be removed from the map.
Supervisor Cameron stated he has sympathy for the developer and
feels bad because the City of Chieo chose to renege. He primarily supported
this because of the conditions and because the city concurred. He feels to
now put the subdivision on septic tanks would be a detriment to the county.
Dan Blackstock, County Counsel, explained that the Board should
address itself to the aliedged lose of prime agricultural lead and should
also make a finding relative to the safety factor. Overriding factors should
also be considered. Mr. Blacketack stated that eourta ere taking the trend
of asking for reasons behind decisions on these matter. He explained that
the Board can draw from the hearings that have been held and the information
Clay Castleberry has given them in making their decision. He stated that the
Board is not bound by the Environmental Impact Report, however they must be
ready to speak to their reasons if they act against it.
Supervisor McKillap discussed the bridge. Tt was discussed last
night and it was stated that a pedestrian pathway could be added to make
it sukficient. Streets in the area also discussed. Mr. Castleberry spoke
concerning the bftdge. SugervLaor Cameron stated that some of the points
spoken to today were some he had brought out before. He doesn't feel there
is any overriding cpmmunity need to vote for this project.
Supervisor Richter feels this is a retrenching+on the committmeat
made by the zoning. He feels the courts will have to resolve this type of
decision. He stated he hopes they will not have to pay for a lawsuit but
he feels they will.
Vote on above motion: AYES: Supervisors Richter and Madigan.
NOES: Supervisors MaKillop, Cameron and Ladd
MOTION FAILED,
75-889 DISCUSSION: HEALTH SERVICE AGENCY PROBLEMS
Supervisor Cameron stated that he was given the feeling that no
one in the Department of Health wants to talk. about this matter. The
department heeds were refusing any calls on the subject. Supervisor
Cameron stated that he had got to talk_with Bob Nance, press secretary
for the director, who replied to Supervisor Cameron's question of what
was going on with, "I'll be damned if I know."
Supervisor Cameron explained the different channels he had tried
in attempting to get some answers on this. He did find out that the hearing
has been changed to Tuesday, May 27 which is a bad choice as most counties
have supervisor meeting on Tuesdays. He has had a call from Senator Collier's
office stating that he was making every effort to get someone in the Health
Department to return Supervisor Cameron's ca 11.
Art Gilman, former supervisor, explained that he is also upset about
this matter and will not be so calm at the hearing as Supervisor Cameron is.
Recess: 9:50 a.m.
Reconvene: 10:05 a.m.
Page 362. May 21, 1975
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May 21, 1975
C C T~ S 'L m S S C~ 9 S S S m m 6 C S S 9 m m m C C m m 3 C 6 a C S m C yl i i i
75-890 ADOPT RE50LDTIONS 75-80 &"751 RE SKYWAY ASSESSMENT DISTRICT ~P1
Mr. Blackstock stated that the first item that should be settled
is the contribution to County Service Area 38. This will take four votes to
pass.
Chairman Ladd asked if there was anyone present that wished to
speak to the Skyway Aasesament District and the loan to County Service Area 38.
No one was present to speak.
Supervisor Madigan felt that the Board might be starting a precedent
that is good, butt:that it might come back to haunt the Board. Supervisors
McKillop and Madigan were concerned about this money coming from the general
fund. They would prefer for it to come from the reserve for contingencies.
Chairman Ladd stated that the service area was established for this purpose.
It was stated that this would be a loan from the reserve.
Supervisor Cameron moved and it was seconded by Supervisor McKillop
that a revoiviag.ft3nd 6~ bstabfiahed purspanbrto:Gavernment Code.Sect3oa._
25210.9c in.the<amount.of~$100;0001 said'amount:td be repaid in three years
at the rate of interest the County receives on its money.
Supervisor McKillop questioned as to whether the time could be
extended to the five years allowed under the law. Discussion of time.
Discussion of the motion. Motion amended as follawa:
Supervisor Cameron moved sad it was seconded by Supervisor McKillop
that a revolving fund be established pursuant to Government Code Section
252I0.9c in the amount of $loo,ooD, xepaymeat to be the amount of money that
would be generated from the ten cent rate on the assessed value of the area
and shall not exceed five years, and that the Board determines to contribute
to the assessment district for drainage through County Service Area 38.
Jim Johanson, Assistant Auditor, spoke concerning the Clark Road
Assessment District. It was stated thaC there is sufficient allowance made
fax drainage problems that might come up.
Vote on above motion: AYES: Supervfsars Cameron, Madigan,
McKillop and Chairman Ladd. Noes: None. Absent: Supervisor Richter.
Supervisor Madigan excused at this time to attend a meeting in
Sacramento.
Gale Peck, bond counsel, asked the board if they were prepared to
make a decision as to how the sewage should be assessed. Discussion.
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and carried, the Board ruled that the sewer ;laterals would be assessed on
the property abutting the Skyway for direct benefit and that it would not
be spread over the entire district.
Mr. Peck presented a resolution and requested that the contractors
time be extended 118 working days. Mr. Mc6ain also recommends this extension.
Oa motion of Supervisor Cameron, seconded by Supervisor McKillop
and carried, the Board adopted Resolution 75-80, extending time of contract
and authorized the Chairman to sign.
Page 363. May 21, 1975
May 21, 1975
_ m o o e o~ s s e=_ e s m s m +c a re d s m a s o e~ ~ ~ a a o 0 o c s e
Mr. McCain summarized the three methods of assessment that could be
used. The frontage assessment has never been changed. The Sewers have now
been placed under a direct benefit assessment by the previous motion. Drainage
has bees assessed two different ways but shall nov be assessed taking into
account present use. The drainage amount will be reduced to $217,000 due to
the contribution of County Service Area 3B. Mr. McCain explained that he
has a resolution prepared with these assessment methods being used. A repork
on the methods has been filed with the clerk.
Supervisor Cameron questioned regarding the Catholic Church problem.
Mr. McCain figured the costs, which will now be reduced by about half, due '"
to the changed assessment methods. Discussion of county position in possible
lawsuit over the assessment of the church.
Chairman Ladd fend portions of the report submitted by Mr. McCain
regarding the total percentage of appeals to the assessments
Mr. Peck read portions o£ the proposed resolution to the Board.
On motion of Supervisor Cameron, seconded by Supervisor McRillop;
and carried, the Board adopted Resolution 75-81 confirming the praceedinge,
and authorized the Chaixwan to sign.
Mr. Blackstock questioned about as outstanding claim against the
district. Mr. Peck explained that a band has been filed for $16,OOp to
cover this and that all he nedda to check the form. No action from the
Board is needed. He stated that it should berfor 1~7 interest and in the
proper form. .., ~ . , - ..,;. _ ... ... ~ .. t ~; ~ ~ .. ~,, ; ... ~ .: '
. '~,~. .'a{ ., r^
Ori motion of Supervisor McKillop, seconded by Supervisor Cameron
and carried, the Board authorized the assessment to be delivered when the
balance dfithe incidentals~•has been.deposited.~aa8'the;~bandr.Fxas been conformed,
subject to County Counsel's approval.
75-89i MATTERS PRESENTED BY BOARD MEMBER
Supervisor Cameron stated that he had received a call from the
Department of 'gealth sad that some progress was being made.
AD30URNMENT
There being nothing further before the Board at this time, the
meeting was adjourned at 10:40 a.m. to reconvene on Tuesday, May 27, 1975
at 9:00 a.m.
~ ~_
Chairman
ATTEST: CLARR A. NELSON, COUNTY CLERIC
By
Board of 5 rv sore Clerk
Page 364. May 21, 1975