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HomeMy WebLinkAboutM052174May 21, 1974 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment, Present: Supervisors Cameron, Gilman, Ladd, McKillop- and Chairman Madigan.. C1if Nickelson, Administrative Officer, Dan Blaekstoclc, County Counsel,, and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. INVO~TION: Clif Nickelson, Administrative Officer Pledge of allegiance to the Flag of the United States of America. 74-765 APPROVAL OF MINUTES: Or. motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the minutes of May l4, 1974 were approved as mailed. 74-766 COMMUNICATIONS Mrs. Muriel J. Hughes, Oroville. Mrs. Hughes writes regarding closure of the O D ,0 ~ County Hospital. Discussed; to be placed in file. W. H. Priel, Chico. Sends copy of his letter Co the Planning Commission re ~/ 3,0 0 interim zoning on west side of CEtico. To be discussed later in the meeting. James A. Rowe, Chico. Writes in support of the "Your Buse ,and the need for ~/ 0.0 G transportation for senior citizens. To be placed in "Your Bus" fife. Rolland A. Vandegrift, Magalia. Mr. Vandegrift thanks the Board for approving his claim for refund of taxes, but states that he has not received / O O.g0 corrected tax bills reflecting action of the Assessment Appeals Board last year. Mr. Nickelson stated that this matter had been taken care of; no action needed. Petition for rezoning, Petition with ten signatures is filed supporting the application of Thomas E. Ferguson, Jr, to rezone a portion of Manzanita Place Subdivision No. 1. -eferred until. Jim Lawson,. Planning Director, is present, McCain and Associates, Chico. Mr. FcFarren, architect for the Butte County Superior Court Building, sends communication regarding Neves vs. / ~ G ` Z ~ The County of Butte, et al, Butte Superior ~~56640. Referred to County Counsel for study and report back to the Board, Roy McKernan, Paradise. As Chairman for the Committee of Citizens for Local / 0 O. yy Control, Mr. McKernan submits request to the Board to grant a 30 day extension for filing a petition for the incorporation of Paradise. See discussion and motion following communicationso E1 Medio Fire District, The Distric~c writes in support of the proposed O L.~I allocation of sales tax subvention. See discussion following communications. Butte County Coordinating Council on Mental Retardation and Developmental Disabilities. The Council submits the name of Mrs. Jeannie B. / Q 0. «- Maes to be considered as an appointee from Butte County to serve on the Stockton State Hospital Advisory Board. See motion following communications. Page 1. May 21, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _May_21, _1974 County Supervisors Association of California, The Association writes regarding • State Proposition No. 5, a constitutional amendment dealing with ~ O.~p`~ highways and mass transit guideways funding (diversion of gas taxes). ~ They are making a survey by individual counties on this proposition. They request notification of any position taken by your Board so that they may complete the survey. Discussed. See motion following communications. State Department of Food and Agriculture. The Director writes regarding G s.~~ subvention to the county for pesticide regulatory activities. ~ Information; no action taken. California Regional Water Quality Control Board-Central Valley Region, Z.r• The Chairman writes regarding the Clean Water Bond Act of 1974- ~ O O• Proposition 2 on the ballot. He sends informational material regarding this proposition and solicits Board support for it, No action taken. U. S. Department of Tabor. The Manpower Administration confirms tentative ~ ~,(fl allocations under CETA. No action taken, Mr, and Mrs. Gary M. Guardino. They state they would like to see the Paradise Zy~pti library placed on the property adjoining Almond Street, Letter to be placed in file with other letters regarding this library site. James H. Roulsten, President-Paradise Youth Services Planning Council. They pl7 go on record as entusiastically supporting the establishment of a 3 / ~' satellite clinic of the Butte County Health Department in that community. Discussed a:~d referred to Dr. Enloe for his study and report back to the Board. Lloyd E. Somogyi by R. Michael Devitt, attorneys. Problem of the Sheriff's /~S,Oa office not serving papers for their cheat, John E. Wright. Referred to County Counsel. " Chester Kimball. He writes concerning the problem of installing o~ a r1 new underground gasoline tank. Supervisor Ladd said he could see ~tftf p O no problem with this matter. He feels that the right of way on Elk Street should be allowed. Referred to Planning Commission for handling of the abandonment, Eugene B. Even, President-Paradise Rotary Club, They write concerning the 1 y,p O selection of the new library in Paradise, To be placed in the Paradise library file. Chico Medical Group. Fred L. Evans, President, Butte-Glenn Medical Society G 0 concerning health care to all sectors of Butte County. He states ~j~ d' that this Satiety looks forward to future meetings to develop the programs necessary to fulfill the goals related to Butte County's health care problems. No action taken. 74-767 APPROVE 3~ DAX EXTENSION FOR FILING A PETITION FOR THE INCORPORATION OF PARADISE Letter from Roy McKernan, as Chairman for the Committee of Citizens for local Control, discussed, Supervisor Cameron felt the request for the extension was correct and that it should be granted. Mr. George Houghton, Faradise, spoke in opposition to the granting of the extension. He felt that they had had ample time in which to secure the proper amount of signatures on the petitions. Supervisor Cameron stated that he felt that as long as the people are within the law they should be allowed to have the right to vote on this incorporation. Mr. Eugene Warner, Paradise, stated that the people circulating the petitions are telling the people that they do not have to vote for this incorporation even though they sign the petition; that the petition is merely the means to get the incorporation on the ballot. Request for extension discussed, Page 2. May 21, 1974 --------------May 2111974----------------- On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the request for extension of 30 days for filing a petition for the incorporation of Paradise was granted. 74-768 AkPROVE APPOINTMENT OF MRS. JEANNIE B. MAES AS APPOINTEE FROM BUTTE COUNTY TO SERVE ON THE STOCKTON STATE HOSPITAL ADVISORY BOARD On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, the appointment of Mrs, Jeannie B. Maes as an appointee from Butte County to serve on the Stockton State Hospital Advisory Board was approved. 74-769 DISCUSSION: EL MEDIO FIRE DTSTRICT LETTER IN SUPPORT OF THE PROPOSED ALLOCATION OF SALES TAX SUBVENTION Supervisor McKillop questioned Administrative Officer about the sales tax breakdown for the fire districts. Ev Bosworth, assitant administrative officer, stated that in the proposed budget that is being proposed, the County is no longer placing the sales tax money in the less than the whole county use funds. He said the picture has changed, explaining the situation at the present timed They are suggesting that the sales tax money be placed back into the General Fund completely. The County will not allocate sales tax money to the fire districts. Mr. Nickelson explained the background of the allocation of sales tax funds. The Auditor has agreed that this is a good time to get the sales tax monies back where they should be. Supervisor Cameron felt the fire districts should be notified about what the County has in mind. Supervisor McKillop felt the Board should have an explanation from the Auditor before they make a determination in the matter, and he, also, felt that the fire districts should be alerted to what the County has in mind. No action taken at this time. 74-770 SUPPORT PROPOSITION N0, 5, A CONSTITUTIONAL AMENDMENT DEALING WITH HIGEI~IAYS AND MASS TRANSIT GUIDEWAYS FUNDING (DIVERSION OF GAS TAXES) It was moved by Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, that this Board supports Proposition No. 5, as amended, and that the County Supervisors Association of California be informed of this Board's action. STUDENTS OF THE 8th GRADE CLASS OF BIGGS ELEMENTARY SCHOOL WERE RECOGNIZED AT THIS T_I_ME, ALONG WITH THEIR INSTRUCTOR MR. JIM SE~.DD 74-771 REPORT ON BIDS-ADDITION TO PUBLIC WORKS-PLANNING BUILDING Mr. Gene McFarren, architect, reported on the bids received for the addition to Public Works-Planning building. The low bidder was Stewart & Unfried of Oroville, in the amount of $112,212. They provided the list of sub-contractors; Mr. Jack Stewart was present at the opening of the bids and reported orally on the sub-contractors not listed. Mro McFarren said that tax. Fisci opposed this bid. Alternate bids discussed. Mr. McFarren feels that the Board should award the bid on the base bid only. Supervisor McKillop stated that at this point if Mr. Fisci had indicated that he would be here, the Board should wait on this matter until it was ascertained if Mr. Fisci was going to be present. It was stated that Mr. McFarren did not have to be present when theBoard took action, No action taken at this time. Page 3. May 21, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _May=27.,=L~7~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 74-x-72 DISCUSSTON: EMPLOYEE MILEAGE ALLOWANCE A report on the meet and confer sessions held with the Employees Association on mileage was sent to the Board members. Reimbursement tentatively agreed upon as 16fi for the first 200 miles, 14~ for the next 300 miles and lOp per mile thereafter for each month discussed. Nr. Nickelson said the action requested was discussion and authorization for an amendment to the mileage resolution be prepared for action next week. The Board requested that the Administrative Officer bring back a resolution next week for Board consideration and action. 74-773 APPROVE MERIT AAVANCE FOR WELFARE DIRECTOR On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the merit advance for the Welfare Director effective June 29, 1974 was approved, from Range 3I.5, step A, to Range 3I.5, step B. 74-774 WAIVE FTRST READING OF SALARY ORDINANCE AMENDMENT A salary ordinance amendment has been prepared which transitions positions from PEP to CETA Title II, reclassifies and deletes several positions requested by departments, and increases the college intern salary rate from $2.35 per hour to $2.85 per hour. Proposed ordinance discussed, On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the first reading of the salary ordinance amendment was waived. 74-775 DISCUSSION: PERS CONTRACT AMENDMENT The retired employees requested PERS contract be amended to provide 5% allowance increase for those persons retired between January 1 and June 30, 1971. The Retirement System indicates the County's cost for this charge to be $11,387. There are seven employees involved in this contract change. Mr. Nickelson will secure the contract amendment and bring it back for Board action. Matter put over to June 11th for action. 74-776 OVERTIME AUTHORIZED AS REQUESTED The Probation Officer requests authorization to use overtime, .only as necessary, in the following areas: (1) crises at Juvenile Hall or Probation Department; (2) Probation or Juvenile Hall employees tied up in court and unable to leave; (3) dictating Probation reports to meet court deadlines. 'Ihe Probation Officer has issued instructions to "keep the lid on" but fee'_s that these situations at certain times will require overtime. Request discussed; it was felt that it would be justified in certain instances. On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the Board authorized overtime as requested by the Probation Officer, as set out above, and instructed the Administrative Officer to keep the Board informed of the costs on a weekly basis. 74-777 Ai~JARD OF BID FOR ADDITION TO PUBLIC WORKS-PLANNING BUILDING On motion of Supervisor NeKillop, seconded by Supervisor Gilman and unanimously carried, Che low bid of Stewart & Unfried, Oroville, in the A D~, ~~ amount of $112,212, for Che base bid, was accepted and the Chairman was authorized to sign the contract. 74-778 DISCUSSION: ANIMAL CONTROL PROP03AL At the last BCAG meeting the Animal Control Committee presented proposed ordinance, rules and budget to implement the countywide animal control proposal. BCAG recommended forwarding the prh~dsAl to the Board of Superv~i~syr~lfo19,~~ieir Fage 4, May 21, 1974 consideration, Mr. Nickelson said the action requested at this time is discussion of the proposal. Supervisor Cameron said he would like more time to study the proposal and talk with the people involved before making any decision in the matter. Supervisor Gilman said that as a member of the Committee, he was concerned because under the budget, it appears that the tax rate would be nearly double. They would like to make the program as self-sustaining as possible. Mr, Nickelson said there were a couple of things that fog this issue. There is no computation to show the 3 new employees; there were 3 employees that would be included outside the tax rate and when the time comes when they will become County employees, the tax rate would go upo Matter put over to June 25th, 1974. 74-779 DISPOSAL OF SURPLUS HOSPITAL EQUIPMENT: BID PROCEDURE TO BE FOLLOWED: LOAN EXAMINING TABLES ,_ ETC. TO YUBA FEATHER COMMUNITIES SERVICES CORP. The Purchasing Officer and Hospital Administrator attended auction of equipment from a hospital in another county and submit their conclusions as to the best method for disposition of these items at Butte County Hospital. Mr. Atkins and Mr. Struthers present to discuss the disposal of surplus equipment, P1r. McKinney, spokesman for the Yuba Feather Communities Services Corp., explained their request for use of some of the surplus hospital equipment. He said their corporation has been accepted by the National Association of Health Clinics. They are setting up a clinic in Forbestown and are in the process of leasing a facility, They have a doctor hired and they feel that in two years they should be self supporting. In order to get the approval of the Association, they have to agree to provide the facilities and some of the equipment, He has submitted a written bid on the surplus equipment that they would like tp secure. Offer from Mr. McKinney discusse3. Dr. Enloe set out the equipment that the County was going to retain. Disposal of the balance of the surplus property discussed. Supervisor Oameron said he would have no objection to loan the examining tables to the Yuba Feather Communities Services Corp. Equipment requested discussed. Other groups have requested permission to purchase some of the hospital items. Supervisor McKillop said a decision should be made in this matter. Tt was felt that most likely the better way to go was to go to an auction. Mr, Struthers said the county could loan some of the equipment to the organization so they could begin their operation. The examining tables and lamps could be loaned until they were needed by Dr. Enloe. Any equipment that th,. County was going to retain could be loaned to them, On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the Board authorized the Purchasing Agent to go to the bid procedure for disposal of the surplus hospital equipment, on an auction basis, on the equipment that Dr. Enloe will not need for the clinic operation. Page 5. May 21, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _May=21, =1974 = _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, th Board approved the loan to the Xuba Feather Communities Services Corp/°~e examining tables, the 4 lamps, and any other equipment that Dr. Enloe could see fit to put up in that area for storage. RECESS: 10:35 RECONVENED: 10:50 74-780 AUTHORIZE TRANSFER OF HOSPITAL EQUIPMENT On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the Board authorized the transfer of hospital equipment as follows: Narcotics Task Force Mental Health County Buildings Farm Advisor Library - 4 Typewriters - 1 Refrigerator - 3 Oxpgen bottle carts - 4 File cabinets 1 Wheeled cart - 1 Adding machine 1 Calculator 74-781 BUDGET TRANSFERS APPROVED On motion of Supervisor Ladd, seconded by Supervisor Cameron and unanimously carried, the following budget transfers were approved: B-143 Hospital - Payment of $15,325.86 from the mental health to the hospital enterprise fund for final billings for the 1971-72 fiscal year. B-159 Superintendent of Schools - $500 from fixed assets equipment to office supplies B-161 Clerk-Elections - $250 from office expense to equipment B-162 Chico Marshal - $100 from other transportation and travel to clothing and personal supplies B-163 District Attorney - $500 from equipment maintenance, $750 from jury and witness expense, with a total of $1,250 going to office expense B-164 Development Commission - $350 from Board authorized travel to other transportation and travel B-165 Farm and Home Advisor - $1,100 from salaries and wages regular to extra help B-166 Board of Supervisors - $2,500 from the reserve to other transportation and travel B-167 LAFCO - $300 from Board authorized travel to office expense B-168 Administration - $300 from extra help, $200 from Board authorized travel, with $200 going to transportation and travel and $300 to office expense B-169 Auditor-Controller - This adjusts the Drug Control Resource Center budget to the actual State approved budget. The total reductions in apgropriations total $43,469. 74-782 REPORT: EOC CONTRACT WITH CHZCO NEIGHBORHOOD HEALTH CENTER The EOC contract with the Chico Neighborhood Health Center presented to the Board last week was referred to Dr. Enloe for review and recommendation. Dr. Enloe reported on the contract at this time. He explained the operation of the clinic. He did not think the County would receive sufficient information Page 6. May 21, 1974 ----------------MaY 21~ 1974-_____-_______- to identify the specific characteris~_ics of the people receiving care. Dr. Enloe has looked at the claims they have made to the City of Chico and they have been charging on a patient visit varying under $10.00 to just under $13.00. They gave him a Iist of the services that they have provided up to this time. County Auditor, Mrs. West and Mrs. Rutherford were present to speak to this matter. Mrs. Rutherford explained the various services that were rendered by the clinic. Bill Lawrence, County Auditor, stated that as long as the Board has rescinded their action to opt out of the EOC program, they could continue the contract with the Chico Neighborhood Health Center. If the contract is in order with Dr. Enloe, the Board could go ahead and approve the contract. Dan Blackstock, County Counsel, said he could prepare the modifications suggested by Dr. Enloe and the cancellation clause will be changed as suggested, Mr. Lawrence said he would prefer that action be taken next week after the contract has been re-written. Contract put over one week and it will be modified as suggested by Dr. Enloe. Dr. Enloe stated that they have received an allocation of some 5,000 flu shots to be given to people over b5 years of age. The cost will be limited to about $i.00 per shot. A program will be started in the fall to give the shots to the people over 65. 74-783 APPEARANCE: GEORGE TAPPER SKXLTNE BLVD. George Tapper, Skyline Blvd., Oroville, said he was present at this time to follow up on his request made last week, relative to zoning matters. Since then he has me_ wine Supervisor Ladd and he has offered to see what relief is offered in the planning laws to make the zoning and use procedures less disadvantageous to area property owaers. He repeated his request for a resolution of Board policy concerning these matters. His prepared statement was filed with the Clerk. No action taken, 74-784 APPEARANCE: PATRICK PORGANS, SPEAKING ON THE CONTAMINATED WELLS IN THE WEST CHICO AREA Mr. Patrick Porgans, Chico, spoke to the Board on the contaminated wells in the West Chico area. He feels that they have been successful in the study of the wells in that area. They have taken additional samples of the water from the wells, after they have updated the wells. They were successful to a degree. Some of the samples came back negative. He stated that there was one well in the area that was filled with garbage. At this time, they are x~moving the garbage. He stated that his organization was willing to go along in alleviating this problem, but they need assistance from the City of Chico. They would like the County to go along with their request to the City of Chico to help them. Equipment used by the City of Chico set out and discussed. Howard Page 7. May 21, 1974 May 21s 1974 Toussaint, County Sanitarian, did not think that the City has televised equipment to do this work. Supervisor Gilman agreed that there are contaminated wells in that area and that the source of contamination should be located. Time spent discussing the matter of the contaminated wells in the Chico area. Mr. Toussaint said that if Mr. Porgans~vould come over to his office in Chico, he would be happy to meet with him and go over the best form of action to take in this matter, Mr. Porganssaid he would work with Mr. Toussaint in this matter. No action taken at this time. 74-785 APPEARANCE: MRS. ERNIE ALBREC~tiT YANKEE HILL Mrs. Ernie Albrecht, Yankee Hill, said she was upset about the General Funding of the sales tax revenue. She feels that the County would be generating quite a bit of money for the General Fund. She said that when the Cities had made the decision to keep all their sales tax money, the County had stated that they would use the sales tax money for unincorporated area functions. She explained her thinking on how the money could be used. She feels that the original concept of the use of the sales tax money is the best concept. She said she would like to see Route 70 along the Fea~.zer River zoned as a scenic route. They could take over the project of the Feather River Dam. She would like to see over-night parking at this site. Nr. Nickelson said that George Stamm could answer the question about the water contract asked by Mrs. Albrecht. She asked what the Board thought about the suggestion of making Highway 70 along the Feather River by the Feather River Dam a scenic highway. Supervisor McKillop felt the area woixld hove to be looked at and the uses would have to be studied. It was stated that before the E.I.R. is written, there will be many things that will have to be looked at. 74-786 APPEARANCE OF EMIL DOERING GRIDLEY REGARDING WELL STANDARDS 2~lr. Emil Doering, Gridley, a well driller in the Gridley, Biggs and Richvale area, protested the well standards ordinance, He opposed the matter of the well casings in the area that he works. He explained his opposition. He does not feel that the wells in the Biggs-Gridley area need these casings. He agreed that there are areas in the County, such as Burham area, that has a lava ccndition and do need the casings. Mr. Ted Herd, Yuba City, said he endorsed the statements of Mr. Boering. He said there are leakages around the edge of the cap of the wells that have been abandoned and he would like to suggest that they have restrictions on the abandonment of wells. Supervisor McKillop said he felt these suggestions should be looked at and incorporated into the ordinance. If the wells do not need casings in certain areas, they should be set out in the ordinance. Mr. Doering said ha Y,ras not opposed to the ordinance but he feels that the small shallow wells in the Gridley area should not be under all the well standard requirements. The suggestions set out today will be studied and Mr. Toussaint will bring the ordinance back to the Board, 74-787 REPRESENTATIVE FROM STATE RECLAMATION BOARB-PROPOSED RULES & REGULATIONS FOR CONTROL OF ENCROACHMENTS IN BUTTE~BA.~IN-PUT OVER TWO & THREE WEEKS George Stamm stated that C~;u,, YOCollom requested thMaytZis b97put over 2 or 9 weeks. Matter put over until later date. ~+ Page 8, _ _ _ _ _ _ _ _ _ _ -- ~- - -- =May=21,=1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 74-788 DISCUSSION RE AIRCRAFT ACQUIRED FOR CIVIL DISASTER & MOSQUITO ABATEMENT George Stamm, Civil Disaster Director, presented pictures of an aircraft purchased under surplus equipment. This was obtained for civil disaster purposes. Mr. Hazeltine and his crew put the aircraft together and it is now a good piece of equipment. It could ba used at the descretion of the directors. The plane is hangered out at the Mosquito Abatement District office. No action necessary; merely presented for Board information. RECESS: 12:05 RECONVENED: 1:30 74-789 APPEARANCE OF JIM BERLIN, FOREST SUPERVISOR FOR LASSEN, SPEAKING TO THE BOARD CONCERNING THE STATUS OF THE FIBERBOARB EXCHANGE Jim Berlin, Forest Supervisor for Lassen, spoke to the Board concerning the status of the Fibreboard Exchange. He said that essentially tfi®y had decided to acquire the fibreboard land, They are not moving at this point to acquire the land becuase of a bill before Congress. He explained the purpose of this bill. He said there was another thing on the horizon. "Bizz" Johnson has requested that $10,000,000 be made available for the purchase of this land. Mr. Berlin said this was just a status report to the Board to let them know how this matter was progressing. He said that if the bills do not go farward, they will acquire the land anyway at the cost to the taxpayer, Chairman Madigan stated that the Nine Northern Counties would go to Court next if the bills are not approved. Chaixman Madigan thanked Mr. Berlin for his presentation. 74-790 ACCEPT THE CLARK ROAD SITE FOR NEW PARADISE LIBRARY Discussion was held an the selection of a site for the new Paradise library. Supervisor Cameron said the Site Selection Committee had done an excellent job in selecting sites. They had recommended two sites for the Board to make their selection from, which are both adequate and could be developed very well. Sites discussed. It was felt that either site would be good. Supervisor McKillop said that one of the things that s'-.ould be considered is the old Public Works yard. These projects will have to be taken separately. It was felt that the Public Works yard should be considered at a Later date. Supervisor McKillop felt that the best way to go would be to acquire the Clark Road site. Casts for paid site discussed. The Chairman of the Paradise Library Site Committee explained why they had made their selection of these sites, It was felt by the Committee that in the future Clark Road would be one of the major arterials of Paradise. T're County Librarian felt that t?~e Clark Road site would be accessible to all the people in Paradise. They felt that Almond Street was too heavily trafficked. Mrs. Buell, a member of the Committee, agreed that the Clark Road was the best site. On motion of Supervisor Cameron, seconded by Supervisor McKillop Page y May 21, 1974 ---=------=====May21~ 1974=====___________ and unanimously carried, the Clark Road site was selected for the new Paradise library and authorization was granted to proceed in the legal manner to acquire the Clark Road site, at the price originally quoted, and County Counsel was instructed to prepare a resolution of intent to purchase said site, setting the hearing date as early as possible, 74-791 ADOPT RESOLUTION 74-72 APPROVING AGREEMENT WITH DEPARTMENT OF EBUCATION FOR FUNDING UNDER THE CHILD DEVELOPMENT ACT OF 1972 On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, Resolution 74-72 approving agreement with the Department of Education for funding under the Child Development Act of 1972, in order for the county to be reimbursed for expenditures for child care services, and Mr. Cris an, as director of the Butte County Social Welfare Department, was authorized to execute the agreement. 74-792 APPROVE GRANTING OF DISCHARGE FROM ACCOUNTABILITY FOR ACCOUNTS RECEIVABLE AS LISTED UNDER GOVERNMENT CODE SECTION 25257. BIGGS JUSTICE COURT Judge Williams, who has been acting as judge for the Biggs Court, requests discharge from accountability for certain accounts receivable under Government Code Section 25257. On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, the Board granted discharge from accountability for accounts receivable as listed under Government Code Section 25257, for Judge Williams, who has been acting as judge for the Biggs Court. On motion of Supervisor Ladd, seconded by Supervisor Cameron and unanimously carried, the Auditor was directed to prepare an audit of the Biggs Justice Court, up to the time that Judge Hancock takes over the court. 74-793 APPROVE PUBLIC WORKS ITEMS ADOPT RESOLUTIONS 74-73 & 74-74 On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the following action was taken; 1. Adopt Resolution 74-73 establishing policy and procedure for FAU "D" project selection and criteria and the Chairman was authorized to sign; said resolution to be forwarded to Chico and Oroville City Councils as required by Federal Highway Act of 1973. 2, Approved the plans and specifications for Cohasset Road Project No. 61201-71-1; authorized Chairman and Director of Public Works to sign plans; adopted wage scale; and authorized call for bids with bid opening at 11:00 a.m. Public Works Office, June 13, 1974. 3. Adopted Resolution 74-74 concerning changes in maintained mileage within Butte County and authorized the Chairman to sign. 4. Approved agreements for sale, authorized Chairman to sign and Auditor to issue warrants upon demand of County's escrow agent on the following: Skyway 51261-71-1 G. Maxwell et ux " P. White et ux " R. Collins (amended) Cohasset Rd. Calif. Terrain Corp. 0.005 $8 No impr, $ 8, 0,005 8 " 8 $2,165 $388 impr, $2,553 0.547 $219 No impr, $ 219 5. Authorized storm drain deposit, Lassen Avenue SI (244-SI-22) in the amount of $10,400 to be refunded. - Page~10, May 21, 1974 W=____----_-- May=21,=1974_________________ 74-794 COUNTY COUNSEL TO RE-DRAFT_LINDO CHANNEL MOTOR VEHICLE PROHTBITTON ORDINANCE Clay Castleberry, Director of Public Works, reported that they have received a request to re-phrase the Lindo Channel Vehicle Ordinance. The County has land outside the present boundary and it was felt the ordinance should be re-worded to st8te "in thQ area commonly known as the Lindo Channel, prom Longfellow Bridge upstream". Request discussed. On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, County Counsel was requested to re-draft the present ordinance to re-word as discussed and bring back the re-drafted ordinance for Board cpnsideration, 74-795 REPORT: STATUS OF BOAT RAMP CONTRACTS Mr. Castleberry reported on the status of the boat ramp contracts. The ramps are complete except for the toilets and the courtesy boat ramps. As of July lst, the County will do the toilet maintenance. Next year they will discuss extending the ramps down lower into the water. The present contract is being closed out. 74-796 AUTHORIZE OVERTIME FOR OILING ANB CHIPSEALING Mr. Castleberry reported on his request for overtime authorization for the oiling or chipsealing of roads. There are days when asphalt is delivered and must be worked immediately, which results at times in working avertime by the crews. Request discussed, On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, Public Works was grante3 authorization for overtime only on the days when they have asphalt that must be worked, as they have been doing in the past. 74-797 PIACEMENT OF PARKING SPACES ELIMINATED BY PLANNING BUILDING ADDITION: TAKEN OFF At the request of Mr. Castleberry, discussion on the placement of parking spaces eliminated by Planning Building addition was taken off the agenda at this time. 74-798 PUBLIC HEARIN~~: APPEAL OF KEITH REINBOLD-USE PERMIT FOR AUTOMOTIVE REPAIR GARAGE, CLARK ROAD, PARADISE The public hearing on the app-e al of Keigh Reinbold on his use permit for automotive repair garage, Clark Road, Paradise, was held as advertised. Jim Lawson, Planning Director, set out the background of this appeal, stating that Planning Commission had denied this use permit on a vote of 7-2, This had been denied by the Planning Commission because it is located next to a church and a church school. The people objected to the use. The present zoning is A-2 limited. Hearing opened to the public. Appearing: Kenneth Reinbold and Keith Reinbold, Clark Road, Paradise. Mr, Reinbold stated they were appealing the denial of the use germit by the Planning Commission, The proposed site is just south of Nunnelly Road, He set out the plans for the garage; they plan to live on the property. The building would be built 10' £rom the property line. There would be a two-hour fire wall; the roof and side walls would be insulated. His brother had a meeting with representatives of the Church and they would rather have a row of pine trees between the garage and the church. The trees would take care of any noise or distraction of the children from the school. Page 11. May 21, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ klay 211 1974= _ _ _ _ _ = _ _ _ _ _ _ _ _ - - Conditions of the use discussed. Mr. Don Horton, Cherry Lane, Paradise. He stated that there was a fence along the Length of the property. They propose to plant bull pine trees about 8 feet apart. Hearing closed to the public and confined to the Board, It was suggested t4at condition no. 5 be changed from requiring a fence to state that trees would be planted on the north line, 8 feet apart, On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the use permit for automotive repair garage on Clark Road, Paradise, was approved for Keith and Kenneth Reinbold, subject to the changing of condition No. 5, to state that trees would be planted on the north line 8 feet apart, rather than the construction of a fence; all other conditions would apply to this use. 74-799 PUBLIC HEARING, REZONE-LAKE MADRONE AREA FROM INTERIM TM-20 TO TM-1 and TM-5 The public hearing on the rezoning of the Lake Madrone area from Interim TM-20 to TM-1 and TM-5 was held as advertised. Mr. Lawson explained the background of this request. He explained how the rezoning would be handled, The environmental impact report was read by Mr. Lawscn. Hearing opened to the public. Appearing: 1. Mr. Fred Wolfschaler, Lump kin Road. He stated he has a 12 acre parcel of land. He asked County Counsel whether the proposed zoning would comply with the General Plan. Mr. Blackstock stated that the Environmental Impact Report states that it does comply with the General Plan. Mr. Wolfschaler said he did not agree with the line of the zoning as set out by the Planning Commissioi It cuts his property into 3 parcelso He said he was against the zoning as he would like to be ably to sell his property. He feels that the proposed zoning would scrap a good piece o€ Land. He said under the present A-2 zoning his property is usable. 2. Ron Edmonston. He is areal estate agent. He feels that the way the TM zoning is proposed right now it is arbitrary ana without thought. He did not think the terrain of this area was suitable for the TM zoning. Hearing closed and confined to the Board. Supervisor McKillop felt the whale Board should go up and look at the land. He would like the hearing continued until Board members look at the area. Hearing continued to .Tune llth at 2:QO p.m, to allow the Board members to go aver the property in the area. Supervisors will go over the area on June 5th. 74-800 PUBLIC HEARING: PETTTTON FOR VARIANCE 1!~ MOBILE HOME- NORMAL; PRAYER, 6ROVILLE The public hearing on the petition for variance far a mobile home as filed by Norman Prater, Oroville, was heard as advertised. Howard Toussaint, County Sanitarian, explained the background of the matter, The property is south of the Marysville-Palermo Road near Palermo. There has been no objections expressed to the placing of this mobile home on this property. Hearing opened to the public. .. Page 12. May 21, 1974 ________________~y=21~=1474======__________ Appearing: Mr. Norman Prater, Oroville. He explained his request to place a mobile home on his property on Lone Tree Road, south of Oroville, for the use of his daughter and her children. He stated that he was aware that this variance had to be reviewed every year, No one appeared in opposition. Hearing closed to the public and confined to theBoard, On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, the petition for variance for mobile home for Norman ?rater to place a mobile home on his property on Lone Tree Road, south of Oroville, for his daughter was approved, on a yearly basis. RECESS: 3•:IO RECONVENED: 3:25 74-801 ADOPT ORDINANCE, INTERIM ZONING AREA MAN7ANTTA PLACE SUBDTVISION N0. 1 ORDINANCE N0, 1455 Jim Lawson, Planning Director, presented a map and petition for rezoning for an area to be rezoned Interim "S-1", He explained the acreage of the parcels in the area. There are 8 parcels that are under 5 acres and one parcel that is a 15-acre parcel. Mr, Lawson does not recpmmend "S-1" zoning on the 15-acre parcel. He stated that the Planning Commission was going to restudy this area in conjmzction with the City of Gridley. The petitioners are asking for interim zoning at this time and want to proceed with "S-1" zoning. On motion of Supervisor Ladd and seconded by Supervisor McKillop, it was moved that the Board approve the interim "S-1" zoning for 120 days, excluding the 15-acre garcel; adogting Ordinance No. 1455, interim "S-1" zoning, and authorized the Chairman to sign. Time spent discussing the pros and cons of "S-1" zoning as opposed to "S-2" zoning. The property is now zoned "A-2". Discussion of iot splitting held, which can be done in this area either with A-2 or S-I zoning. Roll call on motion: vote was unanimously in favor of interim zoning. 74-802 HEARING SET: WILLIAM LEE SIMS, ET AL-REZONING FROM "S-2" INTERIM TO "S-1" FOR AREA SOUTH OF SYCAMORE CREEK EAST 0~ COHASSET ROAD GHICO A public hearing was set for June 11, 1974 at 2:00 p.m. on the William Lee Sims, et al-rezoning from "S-2" interim to "S-1" (minimun-density suburban-residential) for an area described as south of Sycamore Creek, east of Cohasset Road, north of Lupin Road and the easterly prolongation of Lupin Road, identified as AP 48-02-25, 34, 35, 36 and 37, containing approximately 526 acres, Chico. 74-803 APPROVE TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL On motion of Supervisor McRillap, seconded by Supervisor Ladd and unanimously carried, the following tentative parcel maps recommended for approval were approved, subject to the condis:ions and with the note that negative EIR's have been filed: Page 13. May 21, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ Mai 21~ J.9Z4= _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Zoned A-R Oliver Elam, AP 36-14-33 (Portion), 3 lots, off `south side of '!tt . Ida rd . , east of F?yan- done T•4iner' s ??anch Pd . , Oroville . Surveyor: c'rav~s & ~eddis Pursuant to the requirements of Section 20.3 of the Butto County Cods, the tentative parcel Trap of the above property has boen revi=wed by the 13utta County Subdivision Committee and the Planning Commission. Tiz3 Subdivision Committee and t'ze Planning Commission recommends approval of the man, subject to ti'~e following conditions: 1. Provide the Il=alth Dent. with information sufficient to meet requirements of the subdivision ordinancV as to the availability of water or nlac= a statement on thn final ma_n that there is no evidence of domestic .cater. 2. Provide a 100 ft. septic tank free setback area measured uphill from the midge of the c:.itclz . 3. Provide a 25 ft, septic tank free setback area m~asur~d docan- hill from the edq, of th_ catch . 4. Verify legal access. 5. Provide traversable access. 6. Show the OT7ID ~as~ment. 7. P.2seYVe an easement for tine creak. A 1d~gative Declaration Riga,-di,zg L•'nvironmental Impact was filed with t.ze County Clerk on Ariril 22, 1974. Zoned R-4 A. F. Alexander, AP 42-07-127, 3 lots, northeast corner East & Guynn Avis., Chico. Engineer: Td. I3. Grimes & Assac. Pursuant to the requirements of Section 20.3 of the Sutto County Code, the tentative parcel man of the above property has be=n reviewed by th4 Butte County Subdivision Committ°e ar_d the Planning Commission. Thy Subdivision Committee and the Planning Commission recommends approval of the man,, subject to the following conditions: 1. Obtain water from California Yaat©r Service. 2. Deed to the County of L~Lltte' 30 ft. right-of-way measured from the centerline of Guy-'nn Avenue, including 20 ft. radius return at the intersection of East and Guynn Avenues. 3: Pay District ',)47 ass~ssme ~a~e 14. May 21,.1974 W W ---------====May 211I974=====___-______= 4. Construct full improv~m~nts, including v?rtical curb, gutter and drainage and t'.2e necessary ~-lane ..section on East Avenue and 2-lance on Guyon lv~nue. 5. Verify the method of filling ti~~ ~^~~11 to the satisfaction of the Butte County health Dent. A i7egative Declaration P.egarding Environmental Impact was filed F•ritn tine County Clerk on April 22 , 1974• . Zoned C-2 ~I. & T. Corp., AP 44-03-121 & 122, 4 lots, & A-2 west side of the Esplanade, opposite Eaton F.d., Chico. 1Jngin^ar: r~rcCain Adsoc. Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parc_i map of the above property has been reviewed by the Butte County Su~adivision Committ~~ and tip Planning Commission, fiFze Subdivision Comma.ttee anc': the Planning Comiitissioa recom,-nends approval of file tantativo map, su;~ject to t',ie following conditions: 1. Provide a 50 ft. ssptic tank frc:= setbac,ti arWa maasur:.d from the edg= of the drainage c:.itch. 2. Construct the roar: to County FS-9 I,D2 standards. 3. Provide traversable access. 9. D=ed to t?~e County of Butt= EO ft, of r_ia'zt-of-:vay measured along the new Eaton Road ~xtYn;~ion. 5. Pay the SUDAD assassm~nts. 6. Provide permanent drainage solution as r~quir~d by Puulic [Torks or provide twm;~orary drainage and a minimum of $100 par lot, 7, Provide a 50 f_t, i~uilding setback line measureG from the center- line of the new Laton 3?oad extension, Tile Planning Commission anu r;oard of Supervisors should be advised that this is the first step to an ultimate plan of tl~e west`r1y extalzsion of_ Eaton Road to II~r•~ . 32 . A id~gativ~ Declaration Pegarding Lnvironmantal Impact was filed with t~ze County Clark on April 22, 1974. RECE~~: 3:35 for an executive session RECONVENED: The Board reconvened at 3:55 p.m, following an executive session. Page 15. May 21, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _May=21,=1374 = _ _ _ _ _ _ _ _ _ _ _ _ _ 74-804 DISCUSSION: RESOLUTION OF INTENTION Dan Blackstock, County Counsel, stated that the resolution of intention was for County Service Area No, 51, which is proposed for Dry Creek around Oroville, for maintenance. He suggests that the hearing on this matter be set for June 25, 1974. • Mr. Blackstock also requested that this matter be referred to the Environmental Review Committee and to have their reply by the date of hearing. Also he would like it referred to the City of Oroville for their study and consideration. This is the first'service area that has been established since the near laws have taken effect. These matters will be discussed at the hearing. 74-805 REPORT ON DESIST AND REFRAIN ORDER RE LOT SPLITS Mr. Blackstock pointed out the areas in question on a map of the areas involved. The first one reported on was the cease and desist order involving people by the name of Garner, Lane, Young, Meyer and Shod. They have not yet requested a hearing. Mr. Blackstock explained that the matter has been before the committee and notices of violation were sent out. They are now waiting for the appeal period to end, He explained the procedures to follow in this matter and suggested that the Board find out if the people would like to put the property back together as was done on Ward Boulevard. Mr. Blackstock also updated the Board on the Ceres Ave. matter, which involves from 15 to 20 property owners and property on which some buildings have been erected. Mr. Blackstock stated that this cutter is going to be more of a; problem because of the numerous owners and the buildings. He stated this is set for hearing for June 17 and is interested in seeing if anyone will show up. Most of the time, even though the people involved have been notified by certified mail, they do not show up. He suggested that they talk to them in conjunction with Public Works and see what lies on the ground, and to determine which way to proceed. Mr. Blackstock also reported on the Nunjar Road property problem, One hearing has been held on this and a certificate of compliance has been granted. He also discussed the problem of the innocent buyer and the committee's position on this. He does not visualize the committee putting any requirements on the innocent owner. 74-806 MATTERS PRESENTED FOR INFORMATION Supervisor Cameron brought up the fact that he has heard of problems regarding a county employee who was to research and do copywork for the Real Estate Commission, which has not been done. Matter discussed. Mr. Nickelson was requested to do some checking into this matter and bring a report back to the Board next week, Supervisor Cameron also mentioned that State Park and Recreation Commission is going to hold a meeting in Santa Cruz on June 14, Discussion of the hunting around Lake Oroville and the Commission's proposal is an the agenda. Mr. Nickelson was requested to contact Mr. Mott by telephone and ask for copies of the agenda and the proposal for the Board members. Chairman Madigan brought up the Murphy Slough situation. Colusa County did not take any action today and will schedule it for next week. There might be a meeting on the matter this week. If there is a meeting, Supervisors Gilman and Ladd will try to attend. Page 16. May 21, 1974 --------------- May 2111974----------- Chairman Madigan asked the Board members if they received a letter from "Bizz" Johnson, All Board members had received copies o£ the letter. ADJOURNMENT: There being nothing further before the Board, the meeting was adjourned at 4:30 p.m, to reconvene on Tuesday, May 28, 1974 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK n ~ nr ., vV~~ By 0 S~\,..~li ~~Q~,~ airman of the Bo Board of Supervi o s lerk ~ ~ Page 17, May 21, 1974