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HomeMy WebLinkAboutM052775r,,, ~`'_ May 27, 1975 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Madigan, McRiliop, Richter end Chairman Ladd. Clif Nickelson, Administrative Officer, Dan Biackstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. Absent: Supervisor Cameron. Pledge of allegiance to the Flag of the United States of America. 75-692 APPROVAL OF MINUTES On motion of Supervisor McRillop, seconded by Supervisor Richter and carried, the minutes of Nay 20 were amended to show that item 75-890 was amended to show adoption of Resolution 75-82, setting up revolving fund. On motion of Supervisor McKillop, seconded by Supervisor Richter and carried, Che minutes of May 20, 1975 were approved as mailed, with the above amendment, and the Chairman was authorized to sign. 75-893 COMMUNICATIONS Mr, & Mrs. Michael Kimberley,-Chico. The-Kimberley's express appreciation for the Board's action on the Highland Park Subdivision question and express opposition to the proposed Butte County Mosquito Abatement District suit re use of D.D.T.. Information only. James Lenhoff, Oroville. Mr. Lenhoff files claim for $4.39 fox damage to his car because of being required to cross over certain areas along Pentz Road. Refer to County Counsel. Normsn L. Prater, Oraville. Petition is filed for variance to provisions of Sections 19-10 and/or 19-12 of the Butte County Code. Set for hearing on June 17, 1975 at 1:30 p.m. U.S. Department of Agriculture. Jim Berlin, Forest Supervisors, sends information regarding Lessen National Forest receipts for fiscal year 1975. Revenues are now projected to drop 41~ rather than the 50% which was predicted originally, Information, U.S. Department of Agriculture. Royal M. Mannion, district ranger, forwards text of hie statement made before the Board of Supervisors concerning the planned realignment of the Oroville-Quincy Highway. Information only. Department of Rousing and Urban Development. The Department forwards copies of "rules and regulations for administering the CLean Air Act" and "procedures for the protection of historic sad cultural properties". Refer to Administrative Officer; he will study and report hack to the Board. Petition. A petition has been filed, signed by 12 residents of the Durham area requesting the Hoard of Supervisors to proceed with ~ O D ~~ Z formation of a resources conservation district. Referred to LAFCO with the request that they handle this as quicklp as possible. Bruce and Wanza Jackson. Complaint concerning their property on Bloomer Mt. off Ponderosa Way up Jackson Road. Read and discussed. ~ b O ,0 G Referred to Clay Castleberry for study and report next week; he will also answer letter. Vernon McMath and Frank Seawall. Frotest and appeal of decision of ~ ~ $ '~ p Planning Commission regarding the Forest Ranch Subdivision Map. Set for hearing on June 17, 1975 at 1:30 p.m. Chico Community Memorial Hospital. Invitation to Board to attend their official open house to recognize the completion of the first phase of the expansion and remodeling of Chico Community Memorial Hospital. Page 3b5. May 27, 1975 a~e..9ma.4~ ~~s~~~i7a~9~5~e~~~~.~.~~,.a~e~ 75-89~+ EXCUSE SUPERVLSOR CAMERON 50 HE !CAN ATTENb HEATIi MEETING IN EUREKA On motion of Supervisor Madigan, seconded by Supervisor McKillop and carried, Supervisor Cameron was excused so he can attend the health meeting in Eureka at the request of this Soard. 75-895 MANPOWEB AffiffNISTRATION ITEMS APFROYED Supervisor Richter question Jim Rackerby concerning the Prime Sponsor grant recommendations. Mr. Rackerby explained the jobs that would be provided for the age goups. Discussed whether these youth programs could assist in the census study. The study ie to be made in the fall after college resumes. On motion of 5upervieorRichter, seconded by Supervisor McKillop and carried, the following action was taken: 1. Acknowledged the grant applications and authorized the Chairman to send a letter of comment indicating the Manpower Planning Council's recommendation. 2. Authorized the Chairman to send a letter to the State Department of Education oancezning this grant, Vocational education grant- nonfiaancisl agreement. 3. Approved the PEP Grant Modification 19, to adjust PEP expenditure accounts between the county and the subagents and extend the county PEP Program through June 30, 1976 and authorized the Chairman to sign. 4.' in eructed the Manpower Director to communicate with subagents and work vuC the details for the cooperative activity for CETA workers for temporary assignment to assist in conducting a county-wide census. 5. Approved the preapplicatioa for SPIDY funds for the Bummer program for economy disadvantaged youths and authorized the Chairman to sign. 75-896 CLASSIFICATION AND PAY REPORT: PERSONNEL DIRECTOR TO MAKE COPIES FOR DISTRIBUTION The classification and pay study conducted by the State Cooperative Personnel Services ie completed and was presented to the Board at this time. Report discussed. Mr. Rackerby said he was asking at this time for the Board to accept this report eo he can present copies to the employees association and to the departments. Mr, Brodezick could be asked to appear at a later date to discuss the report with Che Board members. On motion of SupervisorMeKillop, seconded by Supervisor Madigan sad carried, Jim Rackerby, Personnel Director, was authorized to make copies of the classification and pay report and distribute as requested. 75-897 WAIYE SECOND READING OF AMENDMENT TO SALARY ORDINANCE AND ADOP. ORDINANCE 1583. AMENDING SALARY ORDINANCE Chairman Ladd questioned Mr. Nickelson about the classification change of a nurse practitioner to a clinic nurse. Mr. Nickelson explained said reclassification. Oa motion of SupervisorMeKillop, seconded by Supervisor Richter and carried, the second reading of the salary ordinance amendment was Feived, Ordinance No. 1583 amending the salary ordinance was adopted and the Chairman was authorized to sign. Page 366. May 27, 1975 ~, ~ a r: a r r r r r r: r r ~8~1 ~7; ~9~5r r m a r r v r r w a m m R m r r 75-898 DISCUSSION: REMODELING OF DURHAM LIBRARY BUILDING The building recently purchased by the county will need extensive remodeling prior Co utilization as a breach library. Mr. Nickelson stated they were ready to move on this whenever the Board is ready. The committee could take a look at the building and decide what should be done. Chairman Ladd said he felt that Supervisor Richter should be on the committee. Chairman Ladd and Supervisor Ladd will look at the building this week. No action taken at this Cime. 75-899 APPROVE REVENUE SHARING PLANNED USE REFORT Administrative Officer reports that they have received notice that next year's revenue sharing allacation is $1,839,143. This notice must be published and a planned use report for these funds must be filed in order to qualify. On motion of Supervisor McKillop, seconded by SupervieorMadigan and carried, planned use report for revenue sharing funds for 1975/76 fiscal year was approved and the Chairman was authorized to sign. 75-900 APPROVE ESTABLISHMENT OF FEES FOR INDIGEtiT BURIALS. The District Attorney has requested that theBoard authorize certain fees for indigent burials do that the Po'blic Administrator will have a basis for charge in instances where this is possible. The Public Administrator has worked with Counsel~e Office and the Auditor in setting up this procedure and in computing the charges. Recommended charges are $150 for the county burial plot and $70 £or opening and closing of the grave. On motion of Supervisor Madigan, seconded by Supervisor McKillop and carried, charges for county burial plot and opening sad closing of grave at $150 and $70 respectively was approved. 75-901 AUTHORIZE REFUND OF DOCUMENTARY TRANSFER TAIL County Recorder recommends that a claim from Mid Yelley Title and Escrow Company in the amount of $99.55 EoT'refund o£ a documentary transfer tax computed in error be authorized. $155.10 in transfer stamps were Cared to Che deed when the amount should have been $55.55. Request discussed. On motion of Supervisor McKillop, seconded by Supervisor Madigan and parried, refund of $99.55 of documentary transfer tax to Mid Palley Title and Escrow Company was authorized. 75-902 FIELD AGREEMENT BETWEEN DEPARTMENT OF THE INTERIOR, U. S. FISH AND WILDLIFE SERVICE & BUTTE COUNTY FOR TRAPPER SERVICES: PUT OVER ONE WEEK Chairman Ladd said he wauld like to see a full report of the activities of this department. He does not really know what they ere doing. Mr. Nickelson said he would make a report of their activities for the past two years as requested. No action taken at this time; to be placed back on next week's agenda. 75-903 APPROVE PURCEIASE OF FIRE TRIICK BY EL MEDIO FIRE DISTRICT On motion of Supervisor Madigan, seconded by Supervisor Richter and carried, purchase of fire truck by E1 Medio Fire District with revenue sharing funds as per contract was approved. 75-904 TRANSFERS APPROVED (BUDGET) Budget transfers discussed. Auditors traveling expenses explained. Supervisor Richter said he was concerned about the increases. Chairman Ladd question the transferring of funds from the Nelson-Shippee Road pro~ecC. Auditor commented on the reserve :for contingency. Se stated that the Page 367. May 27, 1975 ~ ~ ~.,.~ms=sew....~i~~7~~g~5d.,a..a~a:Qa.~an.. balance shown does not reflect the $100,000 transferred for the Skyway Assessment District. On motion of 6upervieor Mc1Ciliop, seconded by Supervisor Richter and carried, the following budget traasfera were approved: B-298 Gridley Justice Court. $800 is transferred Erom the reserve with $200 going to office expense and $600 to professional and special services. Xerox supplies and envelopes which are needed is the reason for the office expense amount. It was the Gridley Court's turn to buy the xerox supplies for a joint use machine. Court reporters, interpreters and witness fees expense higher than anticipated in the professional and special services account. B-299 Agriculture. $800 is transferred frem the reserve and $1,200 from professional and special services with a total of $2,000 going to other transportation and travel, Increased fuel expenses as well as unanticipated mileage because of the three CETA employees in the Ag Departroent are the reason for the transfer. This covers present deficiC of $89 and provides for the balance of the year. 8-300 Public Works - Equipment Section and Road and Bridge Construction. $25,000 is transferred from the Nelson•Shippee project to the equipment account to cover cost of the chfp spreader for Public Works which was approved on May 13, 1975 item 75-834 (1). The Nelson Shippee project will be rebudgeted for 75-7b. 8-301 Recorder. $200 fs transferred from office expense Co equipment ' maintenance within the Recorder's budget and is to cover breakdowns in equipment because of machines getting older and requiring more maintenance. B-302 Sheriff. $1,500 is transferred from uniform allowance to rents and leases within the Sheriff's budget. The Sheriff found ft necessary to rent undercover vehicles for the investigation of cases and also the copy machine rental charges have been higher than anticipated. B-303 Agriculture. $260 is transferred from Che reserve to office expense and fs caused by printing costs~oE new regulation's•and'heavy•copy,machine ebgrges. 5-304 Supplemental Manpower Program CETA I, Summa mgr Youth Program. This sets up $27,77b in extra help and $400 in compensation insurance with a torsi of $28,17b coming from unanticipated revenue-federal aid outer-CETA I. This increases the federally funded CETA Title I Program per mo8•ification X903 approved by the Board of Supervisors April 15, 1975. B-305 Auditor-Controller. $90 is transferred from other transportation and travel to board authorized trips within the Auditor's budget and is to cover ttie amount estimated as needed for remaining trips. This amount was deleted from transfer last week and report has been made as requested. B-30b County Service Area ,~38. This transfer increases contributions to other agencies by $105,696.60, representing the $100,000 revolving fund authorized to be created by the Board and also including $5,b96.60 which is the lonely payment Erom Skyway Assessment District No, 1. Also set up in contributions to other agencies is $7,060.23 with $1,303.40 coming from professional and specialized services and $5,75b.83 from maintenance of - structures, improvements and grounds. This second amount adjusts the budget to existing conditions. • Page 368, May 27, 1975 r'^, f", B-307 Administration. $800 is transferred from the reserve to office expense and is caused by heavier duplicating charges and postage charges than was anticipated at budget time. 8-308 Oroville Constable. $50 is transferred from office expense to communications within the Constable's budget to covet present deficit of $l5 and provide for the balance of the year, deficit caused by"increased rate. 5-309 Public Works-General Administration. $375 is transferred from rents and leases to extra help within the general administration budget. This is to provide extra help coverage fora regular employee who must take vacation because of an illness in the family. B-313 Welfare Categorical Aid. This transfers $316,116 to aid to families with dependent children, $372 to aid to potentially self-supporting blind, and $12,705 to general relief-support and care of persons with $63,916 coming from the reserve, $158,058 from federal aid to children AFDC, $106,847 from state aid to children AFDC and $372 from state aid to blind. These additional ' appropriations are because of increased caseload above that originally estimated " and because of increased cost per case resulting primarily from adverse court decisions and of course recognizes federal and state participation in these increased costs at the standard ratios. B-314 Child Health and DfsabilitY Pr°gram. This transfers $1,460 from salaries and wages regular, $1,400 from pxofessinnal and special services and $3,791 from personal services salaries and benefits with $6,391 going to equipment, $260 to medical supplies. Of the total ^f $6,651, $3,791 was shown as an increase in public health director's expenditures transferred and the balance:, of $2,604 reverts to the appropriation for contingencies. 75-905 REPORT ON AUDITORS TRAVEL ACCOtfiTT. PER MAY 20, 1975 REQUEST Bill Lawrence, County Auditor, reported on the Auditors office travel account as requested aC the May 20, 1975 meeting. He read a prepared statement concerning this matter. Two years ago the Auditor was a sick man and did not travel very much. Last year Mr. Lawrence resumed the travel to the Auditor's meetings and to the other activiea required of the Auditor. Supervisor Richter said he would like to know what the County cost was for travel over the past year. Chairman Ladd said h e was sure that all Board members and department heads are very conscious of travel and expense accounts in the County sad the rising costs of travel. Fla stated that ha too had questions concerning travel. Superiisor Madigan questioned the Board about the expenses involved in the search and rescue work on the lake yesterday and today concerning the man from another county that drowned in the Lake. Mr. Nickelson will research this matter and will have County Counsel prepare a report on the legal side of this. CHAIRMAN LARD RECOGNIZED THE CONTEMPORARY ISSUE CLASS OF LAS PLUMAS HIGH SCHOOL 75-906 DISCUSSION: REQUEST FOR EXTENSION OF LEAVE OF ABSENCE OF MILDRED LANE, AUDITORS OFFICE Request for extension of leave of absence for Mildred Lane and for approval of temporary assignment of John Conrad pursuant to Section 9.5 of the Personnel Rules discussed. Supervisor Mao pan asked if this had been cleared by Personnel Director. Chairman Ladd said he had some questions about this matter, Request discussed. Mr. Racker6y said the normal procedure was for these matters to flow through his office. Matter to be reviewed and placed back on the agenda for Tuesday, June 3, 1475. Page 369. May 27, 1975 i ~ma..~.ee:as~_?~Y27b 19~Sa~Q~„~s.~..a.~a~:: 75-907 DISCUSSION: REPORT ON OPEN SPACE SUBVENTION CLAIM CUT Report on Open Space Subvention Claim Cut in the BmouAt of $45,840 discussed. Mr. Lawrence explained these claim cute. We were overpaid in the past two years. Mr. Lawrence stated that the amended claim was sent last Fri$ay by Auditor's Office. No action taken at this time. 75-908 DISCUSSION: CANCELLATION OF ADOPTIONS CONTRACT WITii CHILDRENS SOME SOCIETY Bob Crisan, Welfare Director, was present to discuss the cancellation of the contract with Childress Home Society. Backnp information was presented to the Board members. Mr. Crisan gave a brief rundown oa this information. The State will take over the procedures when this contract is cancelled. Mr. Crisan has discussed this problem with Children's Home Society. They have dome a beautiful job; the need is here fcr their services. The State is not willing to pay for this service. Services explained. The services will continue but the quality will not be the same as when handled through the Childress Home Society. Time spent discussing how this matter would be handled. Discussed. Mr. Crisan will secure a waiver in this matter. No action taken at this time. Put over to Tuesday, June 3, 1975. RECESS: la:lo RECONVENE: 10:25 75-909 DISCUSSION: SUPERINTENDENT OF__SCHOOI.S RE DATA PROCESSING AND BUDGET Duane Powers, County Superintendent of Schools, discussed the letters he had previously sent the Board of Supervisors regarding personnel and possible use of data processing. The first letter discussed the fact that the personnel at the office ie divided between the county and the state. This means that some employees are entitled to different benefits, such as raises. xir. Powers stated that previously, there had been no problem, with the salaries as they could increase at the same rate. However, since the passage of SB90, the County School Fund budget is limited to granting 67 raise a. Since the County budget is not limited in this manner, it will result in County and C. S.S.F. personnel receiving different salaries for similar jobs. Mr. Powers, in his letter to the Board, proposed that the Board either grant single budget statue (fiscal independence) to the Butte County Superintendent of Schools or transfer County General Fund employees to County School Service fund. Both proposals were to be effect July 1, 1415. Tn the aecoad letter, the Board is informed that the California State Board of Education hoe approved the New California School Accounting Manual. The new manual requires accounEiag~bf incope and expenditures by object, rather than by function under the old system. Another new requirement of their office is the filing of program cost reports. ~Mr. Powers explained that with the current manually-kept or basic bookkeeping machine accounts, it is extremely difficult to meet the new requirements. For these reasons, he is proposing that the system be put on data processing. A program could either be developed or bought, which would be cheaper than developing one. Also, the State Department of Education requires the county superintendents to certify that the school dietrictst~ financial reports and budgets are correct. Page 370. May 27, 1975 ~ ~ 4~a~~..,~~oe....a r~yaz~,_197s,_sa,.~~a..=~~. Because of all these new changes, the superintendent is going to be required to keep two budgets. Chairman Ladd stated that he had though the superintendent had always had to keep track of the school districts' money. Mr. Powers explained that they did watch the districts to make sure they would stay in the bldck. However, now the documents must be certified. Mr. Powers stated that due to the new legislation of requiring two budgets, they will have to ga to data processing. They have contacted Sacramento County who will sell them their program or they will keep the records for the County. However, Mr. Powers prefers to buy the program and keep the tax monies at home. Mr. Powers is requesting the Board's help and suggestions in implementing this program. To implement the data processing would cost approximately $50,OOO,which is in the proposed budget. Supervisor Madigan was opposed to buying the program as he feels it should be made available free of charge. He thinks other counties supply them on request. Chairman Ladd stated that if this county develops a program, it should be made available to others. Supervisor Richter questioned Mr. Powers regarding the travel expenses in the schools' budget. Mr. Powers stated that he would have to look up the information to find the cause of the increase. Chairman Ladd felt that if the budget was..on the computer, any information could be extracted and that two budgets•~would;.not be required. However, Mr. Powers stated that the Board of Education requires this. Mr. Powers explained each use. Bill Lawrence, county auditor, stated that it is required by law. There are also counties that do this, however, it is not yet required. Supervisor McKil~,op stated that he could sea ao reason why the superintendent could not use the data processing system. Supervisor Richter questioned Mr. Jones, BCEA manager, regarding the employee problems. Mr. Jones explained the benefits offered by the state and by the county. Supervisor McKillop stated that this should be pursued as he feels it would be a definite savings. Chairman Ladd stated that he felt the Board concurred with the idea of using data processing. Matter to be put over one week. 75-910 PUBLIC_HEARING: ACQUISITION OF SITE FOR TH& FROC BUILDING Mr. Castleberry explained that he had been instructed to negotiate for four scree. The four-sore parcel w~.ll have frontage on Kusel Road. The FROC people have asked the owner for an additional two scree, which was agreed to. However, this additional property is not connected to the County purchase. The price is for $3,208 for 4.01 acres. This has been verified as a fair price using comparable sales in the area.i Hearing opened to the public: Appearing: Page 371. May 27, 1975 ~ ~ as n w a = = a = a = a = _ _ : = i . Don Duffus, Director of the Feather River Opportunity Center. Mr. Duffus stated that they are buying this additional property to provide apace for agricultural purposes. They have a 4-H group and need this apace far the projects. This property will be bought by FROC and not by the County. ~-' Hearing closed to the public and confined to the Board. On motion of Supervisor McKiilop, seconded by Supervisor Madigan and carried, the Board approved the agreement for the purchase of the Feather Opportunity Center Property, and authorized the Chairman to sign. 75-911 LiME SADDLE COMMONITY SERVICES DISTRICT: ADOPT ORDINANCE 75-1 SETTING BUDGET FOR 1875-76 FISCAL YEAR On motion of Supervisor McKillap, second by Supervisor Madigan and carried, L~.me Saddle Community Services District Ordiasnce 75-1 setting budget for the 1975/76 fiscal year was adopted, and the Chairman of the Board of Directors was authorized to sign. 75-912 DISCUSSION: REQUEST FOR APPROVAL FOR LAND TRADE WITH U.S. FOREST SERVICE Howard Johnson, Lucky John Realty, explained to the Board that the 'forest service requested that he apgear and get permission for a land trade between the U.S. Forest Service and Chuck Horning, a client of Lucky Jahn ReaBtgy Mr. Johnson gave the Board members some material showing the land proposed for the exchange. The forest service wants this land as it is winter deer range and also because they have small parcels that they would like to get rid of as they are too small for them to administer. Thin will be a value for value trade. The forest service will pxavide for the environmental and archaelogical studies. There will be no cost to the county. Mr. Johnson explained that one large parcel 1s near Ponderosa Way. Supervisor McKillop questioned Mr. Johnson regarding the property. Mr. Nickelson explained that this request is being handled differently than before, He also explained that the Board's approval on these matters is sometiwes used as a wedge. Supervisor Madigan questioned how the Soard could approve the exchange when the definite lands to be exchanged has not yet been determined. He suggested that the Board reserve. the right to reject the size, exact property location, etc. if this is approved. Discussion. Chairman Ladd objected to the taxpayers haviag•;to pay for this land being appraised. The appraising will be done by the forest service. Discussion. Matter put over to June 3, 1975 at 11:00 a,m. for consideration. 75-913 PUBLIC HEARING: REARING ON PETITION FOR VARIANCE FOR MOBILE HOME-- CLAUDE BELL, CONCOW ROAD, OROVILLE A public hearing on the Claude Bell petition for variance to allow a mobile hams on property located on Coneow~Road, Oroville was held as advertised. Claude Bell, petitioner, explained that he would not need to request the variance except that•he does not have the properti; right of Page 372. May 27, 1975 - ~ °ma_aevea~e__e~y~z~,~197~sm~Qa~_~~.~~~Q~ way to his property. However, he is going to try and get this at a later date. He wants this mobile home for his mother-ia-law, whose eyesight is failing. Mr. Bell stated that he understood the conditions of the variance. Hearing opened to the public. Appearing: no one. Hearing closed to the public and confined to the Boatd. On motion of Supervisor McKiliop, seconded by Supervisor Madigan and carried, the Board approved the petition of Claude Be11 for a variance to provisions of Section 19-10 and/or 19-12 to place a mobile home on his property for a period of one year. 75-9i4 APPEARANCE• MRS. JACKSON BLOOMER MOUNTAIN Mra. 3ackaon; Bloomer Mountain, stated that hhe had written a letter regarding Bald Rock Road. Mr. Castleberry stated that he would like to talk to Mra. Jackson about her problem. An appointment was eat for 1:00 p.m. at Mr. Castleberry's a£fice. 75-915 APPEARANCE: FLOYD BYRD RE MATHEWS READYMTX TNC:. Mr. Byrd questioned about the uniform grade and what the committee had found. Supervisor Richter stated that the uniform grade has nothing to do with a use permit. It does not take a permit in the present zoning ae it is in an A-2 area. Mr. Byrd disagreed with Mr. Riohter, stating he feels it does require a use permit. Supervisor Richter stated they should have a use permit for the batch plant but not for the exca'4ation. 75-916 APPEARANCE: PAT PORGANS. SEPA Mr. Porgans supported Mr. Byrd's position. He feels that the Board is required to support and enforce the ordinance and that Mathews should be required to get a use permit. 75-917 APPROVE-AGREEMENTS FOR SALE FOR RIGHT OE WAY ACQUISITION The FROG agreement was stricken from this agenda item ae it was takes care of earlier. 'On motion of Supervisor McKillop, seconded by Supervisor Richter and carried, the Board approved the following agreements for sale, authorized the Chairman to sign and authorized the Auditor to issue warrant upon demand of County's escrow agent: Pro act Name Acres Price Tmu. Total Oro-Quincy Hwy. Ralph W. Boone, star 0.020 $.50 ~` 0 ~'•t~$ 50 27561-73-1 Ollie P. Callender, star 0.083 i56 0 156 Robert Clark, star 0.3b9 0 0 0 Baggett-Maysville Realign, 21461-74-1 Alex Brown 1.040 I;040 0 1,040 75-9T8 INFORMATION AND DISCUSSION: PUBLIC WORKS Mr. Castleberry stated that they have resolved the drainage easement problem on the Brayton-Kemp parcel map.~- May 27, 1975 Page 373. ~ e s m r, a m m m a a. a i ~a'aZ7,m1975a m m a+ a a a m a a m o o s e a: Mr. Castleberry stated that they have bees authorized to settle for actual costs on the TOPICS traffic signal matter. They will be processing the contract. 75-919 AUTHORIZE CALL FOR BIDS FOR REROOFING GRIDLEY MEMORIAL HALL Mr. Castleberry stated that they have a proposal for the reroofing of Memorial Hall is Gridley that will be under $10,000. Chairman Ladd explained that this should be done as soon ae possible before costs go up further and that nothing can be done with the ceiling until the roof is water tight. On motion of Supervisor McKillop, seconded by Supervisor Richter and carried, the Board authorized a call for bide for the reroofing of the Gridley Memorial Hall. 75-920 DISCUSSION': MIDWAY 011ERRASS Mr. Castleberry Stated that due to the opposition to the project from the community, he would like to know if the Board had any second thoughts on the matter. They do not have the allocation from the state yet. 5upervieor Richter stated that there is more opposition to the project than he had thougi# previously. Supervisor McKillop stated that much of the opposition is due to misinformation and daea sot want to change the Board's position on this matter. Chairman Ladd also felt a lot of the opposition was caused by misinformation but stated that the Board must represent the people. Supervisor McKillop emphasized that the Board must think ahead at least 20 years and consider the increased traffic on the road. Chairman Ladd stated that the overpass could cause difficulty for local hauling and for farm equipment. Discussion of having the Public Works Director bring back a plan for a grade crossing. Supervisor Richter thought a grade crossing plan could be looked at and considered. Public Works Director is to work on a grade crossing and bring it back to the Board in the near future. 75-921 ACCEPT SETTLEMENT RE WESTERN LIQUID ASPHALT CASE Mr. Lawrence explained that a decision had been made in the Western Liquid Asphalt case re Douglas and ARCH. The County's portion of the settlement is $12,446.55. There are remaining settlement funds in escrow, which should be settled by June 30, 1975. On motion of 5upervieor McKillop, seconded by Supervisor Richter and carried, the Board accepted the settlement of $12,446.55 from Douglas sad ARCO, with the money to go to the road £und in next year's budget. 75-922 SET PUBLIC HEARIlVGS The following items were set for public hearing for June 17, 1975 at 10:30 a.m.: Page 374. May 27, 1975 r'`. ~"` ~16 27~ s9i5r s r s r r a r r r e s r r rt a r a w a r a ~ m: s a r~ r Extension of interim A-20 for an area south of Chico, near Durham, being located north of Nelson Weat Rd ., east of Goodspeed Watt Rd., west of Bruce Lane, Chico Durham Rd ., to Yocum Ave.; '~ mile west of Durham Nelson Rd ., to Hanlon Rd., then west of Durham Nelson Rd. Rezone from interim A-20 (Agricultural) and A-3 (Agricultural) to A-20 (Agricultural) for property located south of Chico, north of Nelson, west of Durham and west of Goodspeed Watt Rd. and Dayton Rd., containing 22 aq. mi. + and from interim A-20 (Agricultural), A-3 (Agricultural), H-C (Highwaq Commercial end C-2 (General Commercial) to A-40 (Agricultural) for property located south of Durham, west of State Hwy. 99, north of Hamilton Rd. and east of Goodspeed Watt Rd. and the Butte Covnty boundary containing 107 sq. mi. +. 75-223 TNTERTM ZONING TO $EF'6ELOWED TO EXPTRE Mr. Lawson stated thaC they do not recommend an extension of the areas deleted from the Nord-Casa rezone: Hosler Track; the SW corner of Anita and Hwy 99 (AP 47-25-102), the Crow property (AP 47-15-27), and the Whipple property. The Board concurred with Mr. Lawson's recommendation. 75-924 APPROVE TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL Supervisor McKiblop moved and it was seconded by Supervisor Madigan that maps al, 2 and 3 be approved. David Duncombe appeared to discuss condition 3 of his parcel map. He has three lots and this condition would require that he pave a road fa front of all three. He stated that he was planning to sell two of these lots but if he had to pave the road the coat of the paving would prohibit hie selling the property. This is a dead-end•-road, and the lots are in an urban area. It was suggested that the road stop at the end of the second lot which would still allow access to the third lot. Mr. Duncombe stated that he would also like to realign the road. Mr. Bleckatock stated that this fe permiaeable as long as it is within the right of way boundaries. On motion of Supervisor McKillop, seconded by Supervisor Madigan and carried, the Board approved the following tentative parcel maps, changing condition 3 on the Duncombe map, that the maps be approved subject to the condff~,ons, with the note that negative EIRe have been filed and that the findings be that they are in consistency with the zoning and general plan: Zoned A-2 G.W. Haase, AP 71-02-08, 2 lots, west of Racker- G.P. Timber feller Zane, south of Bald Rock Rd., Berry Creek. & Mt. Terrain Engineer: Kendall Engineering Pursuant to the requiremeata of Section 20.3 of the Butte County Code, the tentative parcel map of the above property hoe been reviewed by the Butte County Subdivision Committee and the Planning Commission. The Subdivision Committee and the Planning Commission recommend approval of the tentative parcel map, subject'to~the following conditions: May 27, 1975 Page 375. ("'~ a a r a r a a a r v~ R r r"8ya2~1Olff7d! r i a r r fl1 al r v r r a n a a 1. Yroaf of water, or place the statement on the map. 2. Verify legal access. 3. Provide traversable access. 4. Deed to the County of Butte 60 ft. right-of-way, 30 ft. oa either aide of Rockerfeller Laae. 5. Indicate a 50 ft. building setback from the centerline of Rockerfeller Lase. A Negative Declaration Regarding Environmental Impact was filed with the County Clerk on April 28, 1975. The timber mountain classification is intended for those areas which have value ae timber producing areas, watershed areas, scenic areas, recreational areas and areas which by their character and perticulartopography require special treatment and protection to mitigate potential damage. Residential development in these areas should be confined to areas where the topographq of the land will allow a minimum amount of damage by way of erosion, siltation, surface and ground water pollution or the destruction of scenic sad historical areas. Density should be considered on the basis of these factors and weighed against alternate use of the areas for timber production, recreation and watershed protection. ~ ~ ~ zoned A-2 Ed Francis, AP 30-101-75, 4 lots, 18th Street, north G.P. 1-4 of Grand Avenue, Thermalito. Engineer: Graves & Geddis, du/ac Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel map of the above property has been reviewed by the Butte County Subdivision Committee and the Planning Commission. The Subdivision Committee and the Planning Commission reeo~end approval o£ the tentative map, aub,ject to the following conditions: 1. Construct a cul-de-sac at the sad of the 60 ft. right-of-way. 2. Provide traversable access to RS9 LD2 standards, and obtain an encroach- ment permit prior to starting construction. 3. Deed 20 ft. sanitary sewer easement to County Service Area ~'~26 along the northerly property line. 4. Deed to the County of Butte 20 ft. drainage easement. A Negative Declaration Regarding Environmental Impact was filed with the County Clerk on April 28, 1975. ~ ~t ~ k Zoned R-1 A & C David M. buncombe, AP 52-01-24, 3 lotay south G.P. 5-8 du/ac of Bills R,d., east of Oliver Rd., Paradise. Surveyor: Thiel Lippincott Pursuant to the requirements of Section 20.3 of the Butte Ceunty Code, the tentative parcel map of the above ids»tified property hoe been reviewed by the Butte County Subdivision Cottmnittee'and the Planning Co~~yi27, 1975 Page 376. Ma ~"` ~'~ Miya2i ~.llc7~ s a a a a a a s a e a a a o e The Subdivision Committee and the Planning Commission recommend approval of the tentative parcel map, subject to the following conditions: 1. Verify legal parcel, 2. Verify legal access to Lot 3. 3. Construct access easement to R59 LD2 standards to the south property line of lot 2. 4. Dead to the County of Butte 30 ft. right-of-wey £rom the centerline of Bills Road. 5. Indicate a 50 ft. building setback from the centerline of Bills Road. b. Deed to the County of Butte a 20 ft. drainage easement along the existing swale. 7. Shaw a cul-de-sec at the end of the easement. 8. Lots must meet the minimum requirements of the Subdivision Ordinance. A Negative Declaration Regarding Environmental Tmpact was filed with the County Clerk on April 21, 1975. 75-925 DENX TENTATIVE PARCEL MAP RECOMMENDED FOR DENTAL Mr. Lawson explained that this was a--very pocr;:lot design and is in an area that has been heavily parceled. For these reasons, they recommend denial. On motion of Supervisor.Madiga~i,~{seeofided~by 6upervisor Richter and carried, the Board concurred with the Planning Commission and denied the following tentative parcel map recommended far denial: Zoned A-3 Fred & Carol Osguthorpe, AP 28-27;27, 4 lots, G.Y. 1-5 Bangor Park Rd., approx. ~ mile west of Oro-Bangor du/ac tiwy. Engineer: Graves & Geddis Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel map of the above property has been reviewed by the Butte County Subdivision Committee and the Planning Commission. The Subdivis ion Committee and the Planning Commission recommend denial of thin tentative map, due to undesirable lot design. If approved, the following conditions 8re recommended: 1. That since Parcel 3 cannot be developed, that the south line of Lot 1 be extended south to the northerly line of Lot ~+. 2, Deed to the County of Butte, 80 ft. right-of-way; 40 ft. on either aide of Bangor Park Rd. 3. Indicate a 55 ft. building setback from the centerline of Bangor Park Road. 4. Verify legal access to Parcel 4. 5. Provide traversable acceae. Page 377. May 27, 1975 ~^, r"`, Ma~* 27, 1975 n s a s r d w a a a a a s a a p a a s a a a a n a a n a a a a a a a a 6. Indicate a 50 ft. building setback as easement to Parcel 4. 7. Realign easement to miss existing wells on Parcel 2. A Negative Aeclaration Regarding Environmental Impact was filed with the County Clerk on April 28, 1975. RECESS: 12:10 RECONVENE: i:30 75-926 BEARING: APPEAL OF R.A. SCEALES, CHICO, OF PLANNING COMMISSION'S REQUIREMENT FOR AN EIR FOR PROPOSED REZONING OF THE STILSON CANYON AREA, CHICO The hearing for the R.A. Scealea appehl•for an ETR on a rezoning for 'the Stilson Canyon area was held. Hearing opened to the public. Appearing: Ralph Scealea gave a brief hisCOry of what they are trying to do in the Stilson Canyon area. They are trying to restrict commercial building in the area. They have held several meetings and have discussed the possible zonings, finally settling on an S-3, a modification of S-2. However, he has discussed this with the Planning Commission and they are willing to combine this with the Forest Ranch and Butte Creek rezonings. For this reason, he is withdrawing his appeal and the zoning application. Mr. Lawson stated that the Planning Commission feels this ie one contiguous area and they w.auld like to take care of all of this at once to avoid gaps or pockets in the zoning. Mr. Scealea stated that the area is now in favor of an S-2 zoning. Discussion of whether an EIR should be written for this area ae it is going from an unlimited A-2 to S-2. Chairman Ladd felt it would be much better zoning and should sot have an EIR required. He also stated that he did not want EIRs being used adversely. Mr. Lawson suggested that Board members attend the EIR Committeek meetings to see how they work. He stated that they have definite criteria from the state and that they work~~long and hard on these matters. Supervisor Richter stated that he feels the ETRa are not filled out objectively. Supervisor McRillop thought combining the three areas w1I1 save money. Mr. Scealea will submit a letter of withdrawal. Dave Rush formally requested that the Board of Supervisors institute an interim zoning in the eras until the Planning Commission gets to the permanent zoning. They wish to keep out commercial 'use. Supervisor McRillop stated that Mr. Rush seeds to present a petition to the Board showing endorsement of the '.interim zoning. Mr. Rush felt he could speak for the area..as several newsletters explaining what was going to be asked at today's Board meeting had been sent out, there~wasno opposition. On motion of Supervisor McKiilop, aecm dad by Supervisor Madigan and carried, the Board upheld the appeal and accepted Mr. Scealea withdrawal of the zoning application, with a formal letter to that effect to be sent to the clerk. Page 378. May 27, 1975 ~ -~ a r r r s: r s r r r s s i aryr2i~alie76 s r s s r s r s r s a s s s s a 75-927 ADOPT ORDINANCE 15$4 INTERIM ZONING THE STILSON CANYON AREA On motion of Supervisor Richter, seconded by Supervisor Madigan and carried, the Board adopted Ordinance 1584 interim zoning the Stilaon Canyon area, ea described in the original application, en S-2 zone for a period of 120 days with the findings that it is for the health and welfare of the community, and authorized the Chairman to sign. 75-928 PUBLIC HEARING: ABANDONMENT OF PUBLIC UTILITY EASEMENT; ADOPT RESOLUTION 75-83 Therpublic hearing for the abandonment of public utility easement, portion of lots in Paradise Pines Unit No. 13 was held as advertised. Hearing opened to the public. Appearing: No one. Hearing closed to the public and confined to the Board. Mr. Castleberry explained that this is to relocate and combine some lots and make the easement in a more satisfactory plAce for the person. On motion of Supervisor Richter, seconded by Supervisor McKillop and carried, the Board adapted Resolution 75-$3, abando~ent of public utility easement (Paradise Pines Unit No. 13), and authorized the Chairman to sign. 75-929 PUBLIC HEARING: EXTENSION OF INTERIM TM-2 ZONING FOR PROPERTY AT FOREST RANCB: ADOPT ORDINANCE 1585 The public hearing on the extension of the interim TM-2 zoning for property located at Forest Ranch was held as advertised. Mr. Lawson explained that the Planning Commission has net a public hearing for the permanent zoning sad that the extension is needed to fill the gap. Hearing opened to the public. Appearing: Claude Willie, Butte Meadow Stage, Chico. Mr. Willis is the chairman of the steering dommitt~e that has been working on the zoning. They would like very much. to have the extension of the interim zoning. Hearing closed to the public sad confined to the Board. Supervisor Madigan moved and it was seconded by Supervisor Richter that the interim zoning be extended for i20 days. Discussion of time needed. Mr. Lawson requested that it be extended for nix months to be sure the Planning Commission would have time to complete everything. On motion of Supervisor Madigan, seconded by Supervisor Richter and harried, the Board adopted Ordinance 1585 extending the interim TM-2 zoning of the Forest Ranch area for 180 days, and authorized the Chairman to sign. 75-930 PUBLIC HEARING: CLARK ROAD ASSESSMENT DISTRICT The public hearing for the Clark Road assessment District was held as advertised. Page 379. May 27, 1975 ~' i a m s~¢ r s o a a~: a~ s safe ~7a 1975a a s n s s~ r r s ~ a~ s o Clay Castleberry, Director of Public Works, explained that special monies have been made available for this project at this time. This ie a one shot deal and the money cannot be used elsewhere or at a later date. The federal goverz-ment has approved the money and Mr. Castleberry proposes that those funds be used for the storm drain installation. This will not change the County's costs but will reduce the amount that was to be paid by the people. The federal contribution would be approximately $70,000 to $80,000 for the storm drain part. Mr. Castleberry went on to explain the proposed project on Clark Road. This will include making the present road into four lanes and also installing some traffic signals. Hearing opened to the public. Appearing: Phil Mace, attorney, representing aim Thomas who awns two parcels at the intersection of Bills and Clark. Mr. Mace presented a petition with signatures of people opposing the project. However, Mr. Mace explained that this petition had been circulated before the federal money had been made available. Chairman Ladd stated that he felt the Board should take no action on this matter today as Supervisor Camexon was absent. Mr. Mace explained that at this time, he 18 representing only Mr. Thomas and no one else. Mr. Thomas feels that the increased traffic being Funneled from four lanes back into two would be a detriment to his business. He also feels that the drainage would be shunted down to astream that the county does nat own or have easements to. Mr. Mace feels this is a piece-meal project. Mr. Castleberry stated that the County does own several easements to the stream. Larry Just, representing the Masonic Temple in Paradise, stated that they are in favor of the project. $e stated that they have several meetingathere per month with heavy traffic and feels the project will cut down on accidents. Gwen Glover, Peter Pan Day School, feels the project will benefit the whole community and should not have to be paid for by only a few. She questioned whether there is enough traffic on the road to warrant this expense. She also questioned the post of the curbs. Dan Cook explained that the curbs will cost approximately $b.50 per foot and that this was reasonable. Tf the cost was to go to an assessment district, it would add about 30 to 40 percent. Chairman Ladd explained that if everyone assessed elected to pay cash in advance for the improvements of curbs and gutters, it would possibly reduce the coat by ae much as 40 percent because it wouldn't have to go into an assessment district and would save the coat of bond counsel and several other items. Mr. Castleberry replied to the statement that the project is a piece-meal project stating that they would like for the project to go two miles but simply do not have the money to do so at this time. Supervisor Richter pointed out to Mre. Glover that the money spent now far curbs and gutters will increase the value of her property. Chairman Ladd stated that using the federal funds is only a recommendation at this point and it will require a decision, which will probably be made next week. Page 380. May 27, 1975 ..^, r`, n a a w w w s w w w w as w wM=y_z~,a197S a w w m r rt a w w = w w a w w w Everett S, Krackov, owner of an olive orchard on Clark Road, read a prepared statement opposing the project. A portion of the letter stated that because the Paradise library site ie in the area, there is a conflict of interest. Chairman Ladd replied that the library is for the people and there is no conflict whatsoever. Chairman Ladd pointed out to Mr. Krackov Chat half of the property he has is non-agricultural. Mr. Krackov still opposed the project. Mr. Castleberry pointed out that if the federal funds are not used for this, the project will not continue. John Rodriquez, Jr. Se is a developer and he and his partner are definitely in favor of the project. Francis Blumert objected to the county buying a right of way from him and then charging,him for the curbs and gutters that will be put on it. Mr. Castleberry stated that in the past when the price and coat have been the same, there has been a trade of property for the improvements. Mr. Blumert stated that he is opposed to the project. Gloria Wilson stated they own a rental business on Clark Road. She stated thaC when they obtained as access permit, a condition on the permit was to widen the road and pave it~iand also install curbs. They also had to donate the land. She objects to the fact that while they had to donate the land, now other people are being paid for the land. Mr. Castleberry stated that this hoe come up before. Supervisor McKillop felt that she should be compensated for the property. Mr. Castleberry stated that this dedication and widening of the road is often a condition as a permit..'He•stated~that:i€we~change:wae1in~de~the:8oard w'tt31d have to decide howifar to•gp-back;cthesame situation could apply to twenty years ago. Supervisor McKillop requested that Mr. Castleberry check and find out how the land was acquired and by what permit. Mr. Castleberry will handle this. Mrs. Glover reappeared to ask when she would know how rhuch the County is going to give her far her right-of-way. Mr. Castleberry stated he will request that the right-o£-way agent meet with her as soon. as possible. hearing. Searing continued to June 3, 1975 at 10:30 a.m. as an open 75-931 PUBLIC HEARIDTG: GUS GORE APPEAL OF REZONING RE VEST DUREIAM Thecpublic hearing for the Gus Gore appeal of the denied rezoning request for 6 acres in Durham was held as advertised. Hearing opened to the public. Appearing: Ralph Maynard, representing Gus Gore. Mr. Maynard explained that they requested an M-1 zone to allow light industrial use. The land adjacent to the property is also zoned M-1. Mr. Maynard explained that this land is unsuitable for agriculture. They do not know what the land would be used for as they do not have a tenant for it ae yet. Mr. Lawson explained that the owner of the adjacent property had applied far a use permitDwhich was•~iepied, eo they applied for rezoning and it was granted. The Commi.eaion is going to try and down zone the property to atop expansion. Page 381. May 27, 1975 ~. '"-, day 27, 1975 rearing closed to the public and confined Co the Board. On motion of Supervisor Richter, seconded by Supervisor Madigan and carried, the Board upheld the action of the Planning Commission and denied the rezoning. RECESS: 3:35 RECONVENE: 3:50 75-932 ORDINANCE AMENDING ORDINANCE 475 PUT OVER ONE WEEK.. Mr. Blackatock stated that Mr. Leach was not available for this item. Chairman Ladd suggested that it be put over with~Mr. Leach to come to the Board room whenever he is available. The Board will handle this at any time except during a public hearing. Matter put over to June 3, 1975. 75-933 PLANS FOR PARADISE LIBRAR PUT O R ONE WEEK The Board received a memo from Cook Associates stating Chat would not be available for this week's meeting but would be present next week. They also apologized for the delay. Matter put aver to June 3, 1975. 75-934 BOARD TO APPOINT CHARTER STUDY COMMITTEE Supervisor Madigan stated that he feels it is time to again appoint a study committee to look at the county charter, as there are several outdated items included. He suggested that each Board member appoint only one member +to the committee. He feels more will be accomplished by a smaller committee than was accomplished by the 15-member committee previouslq appointed. Supervisor Madigan also suggested three areas that need special consideration: elected officials,admiaietrative office and fiscal independence for schools. On motion of Supervisor Madigan, seconded by Supervisor Richter and carried, the Board approved appointing a committee to study the County charter, each Board member to appoint one member. It waa stated that the charter revisions no longer have to go to the legislature buC that it still goes before the public on a ballot. Discussion of the Administrative Office. Supervisor Richter felt mere direction should come from the office on some matters. 75-935 MATTERS PRESENTED BY BOARD MEMBERS Supervisor Madigan stated that he had received petitions from people stating they had been told they were going to have their apartment building included in the federal hauaing system. Supervisor Madigan feels this was miarepresentatlon to these people and requested that this item be placed on the agenda. Matter to be placed on agenda for Juae 3, 1975. Chairman Ladd expressed concern over thelateneas of the budgets. Nr. Nickelson explained that the original documents were late in going to the departments. Thin made Che departments respond even later. There is a resolution which enables the Auditor to draw up budgets for departments that are late in turning in their budget. However, it was the Auditor's department that was late in the first place. Supervisor Madigan suggested and the Board concurred, that a note be placed on the calendar to make sure that the Auditor has his items completed or at least started by November. Mr. Nickelson will handle this. Page 382. May 27, 1975 r••., ~ May 27, 1475 a W c .: c a a n m a a a a a a a s a a a a a a a a a s a a c a a a a a c 75-936 APPOINT SUPERVISOR RICHTER TO REPLACE SUP&RVISOR CAMERON CN LAFCO Chairman Ladd stated that he had thought about the appointment of someone to replace Supervisor Cameron. He doesn't feel he can :handle this himself as his schedule is so busy now. It was moved and seconded that Chairman Ladd be appointed to LAFCo. Chairman Ladd stated he definitely could not fiC this into his schedule. On motion of Supervisor Madigan, seconded by Supervisor McKillop and carried, the Board appointed Supervisor Richter to complete Supervisor Cameron's term on LAFCo. ~DJOU1tNMENT There being nothing further before the Board et this time, the meeting was adjourned at 4:30 p.m, to reconvene et 9:00 a.m. &n Tuesday, June 3, 1975. Chairman ATT$ST; ~CL~ARK A. N/ELSON~, COeUNTY CLERK Board of Supervisors Clerk Page 383. May 27, 1975