Loading...
HomeMy WebLinkAboutM061973~,. STATE OF CALIFORNIA COUNTX OF BUTTE June 19, 1973 SS, The Board of Supervisors met at 9:00 a,m, pursuant to adjournment. Present: Supervisors Cameron, Gilman, Ladd, Madigan and Chairman McKillop; Clif Mickelson, administrative officer, Neil McCabe, deputy County counsel, and Clark A. Nelson, county clerk, by Sandra Goff, deputy clerk. INVOCATION: Rev. Lenehan, Sacred Heart Catholic Church, Gridley Pledge of allegiance to the Flag of the United States of America 73-965 APPROVAL OF MINUTES On motion of Supervisor Gilman, seconded by Supervisor Ladd ~ and unanimously carried, the minutes of June 12, 1973, were approved with the following correction: page 270, Item 73-925, to state that the divestiture of the Board of Supervisors as the Community Action Agency was postponed until December 31, 1973. 73-966 COMMUNICATIONS City of Chico. The Chico City Council has nominated Mr. Frank Watters O J to fill the vacancy presently existing on the Butte County Planning ~~~j. Commission. This position was previously held by a City of Chico representative and the term expires in September of 1974. See motion following communications accepting nomination. City, of Arcadia. The City writes regarding AB 1324 which prevents a ~ municipality or county from adopting or enforcing regulations l U 0'~ limiting or restricting racing days and dates of horseracing meetings. Discussed, No action taken. State Department of Water Resources. The Department forwards statement of (~ ~~ ~ d cost for watermaster service in the Butte Creek Service Area for inclusion in the 1973/74 tax roll. Referred to Auditor. State Department of Water Resources, The Department sends certification of amounts to be raised by taxes for preparation of Maintenance Area No. 5, No. 7 and No. 13. Referred to Auditor. Assemblyman Bill Bond, Assemblyman Bond writes regarding a long term project designed to overhaul the reapportionment process in the ~ ~,~/ State of California, He requests evaluation and coam:ent on his proposal for creation of an independent non-partisan reapportion- ment commission. Discussed. No action taken. ~ pearl McClain. Writes appealing decision of the Planning Commission for her ~/~• tentative parcel map. Public hearing set for July 10, 1973, at 1:30 p.m. Roma Jean McClain. Writes appealing the decision of the Planning Commission r ~,0~ regarding hez tentative parcel map, Public hearing set for July 10, ~ 1973, at 1:3,~ p.m. Harold A. Hans. Mr. Hans writes regarding the need for house numbering J in the Olive Highway and Mt. Ida Road areas. Discussed. Super- ~~y.o visor Ladd stressed the need for county wide house numbering. Clif Mickelson and Clay Castleberry will bring some proposed course's of action to the Board for its consideration. Residents of Mt. Ida Road area. Petition to change the name of "Mt. Ida C~ ~. ~ ~ Road" in the County of Butte, running off Olive Hwy. to dead end, from "Mt. Ida Road" to "Lost Road", Discussed. Referred to.CAO for rep 1, State Fish and Game Commission, The Commission sends an agenda of their „7 •~O.'a`~ meeting of June 29,1973 at 9:00 a.m. in Monterey, California. No action taken. 0~ Siskiyou County Fish and Game Commission. The Commission sends an'invitation Q, Page 283 '~ June 19, 1973 = June I9 ,_1973 regarding a meeting on August 5th in Red Bluff for the purpose of exchanging ideas about a Nine-County Association of Fish and Game Commissions. Referred to Administration for a reply, ' 73-967 ACCEPT NOMINATION TO PLANNING COMMISSION On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, Frank Watters was accepted as the City of Chico's " nominee to fill the unexpired term of John Kennedy on the Butte County Planning Commission. 73-968 APPROVE PURCHASE OF TWO-TON TRUCK AND RELEASE OF CONTRACTOR'S MAINTENANCE BONDS'FOR PARADISE PINES ASSESSMENT DISTRICTS 1&2 3 5&6 On motinn of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, the following Public Works items were approved: Purchase of 1960 Ford two-ton truck with hydraulic ladder from California Division of Highways in the amount of $1,100 plus tax. Funds are available in the equipment section of the budget (53-18-630 - fixed assets). 2. Release of contractor's maintenance bonds for Paradise Pines Assessment Districts 1 & 2, 3, 5 & 6. The improvements within these assessment districts have been completed for over a year and Butte Creek Rock has done the necessary repair work. 73-969 APPROVE PLANS AND SPECIFICATIONS On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, plans and specifications were approved for (a) East Avenue TOPICS Projeet No. EPS-T-3014(4); (b) Manzanita Avenue Bridge TOPICS Project No. EPS-T-3014(3); .(e) Pentz Road Project 43431-69-2; Chairman and Director of Public Works were authorized to sign plans; wage scale adopted; and approved bid opening on July 12, 1973 at 11:00 a,m., Public Works office. 73-970 ACCEPT PROJECT 51261-72-1 SKYWAY PASSING LANE Project No. 51261-72-1, Skyway Passing Lane, has been completed in accord with 'the plans and specifications. On motion of Supervisor Cameron, seconded by Supervisor Ladd and unanimously carried, Skyway passing lane, Project No. 51261-72-1 was accepted and notice of completion was authorized to be filed. 73-971 AWARD SID FOR PALMETTO AVENUE PROJECT N0. 55235F-70-1 Clay Castleberry, public works director, reported that Robinson Construction Company was low bidder for the Palmetto Avenue Project. He explained that a transfer of funds would be necessary because the bids were higher than the engineer's estimate, On motion of Supervisor Madigan, seconded by Supervisor Gilman and unanimously carried, Palmetto Avenue Project No. 55235F-70-1 was awarded to Robinson Constructinn Co. with the bid of $41,783.50, and the Auditor was authorized to transfer surplus unused find balances from completed local road project work orders and, if needed, from Work Order 1863, Ord Ferry Bank Protection. Transfer $22,000 for contract and paving to curbs and gutters. 73-972 DISCUSSION: COMMUNITY ACTION AGENCY GOVERNING BOARD;A1?PLICATION TO DEPT. OF HEALTH, EDUCATION AND WELFARE FOR HEAD START "HOME BASEb PROGRAM" Clif Mickelson explained the application to the Department of Health, Education and Welfare for a Head Start "home based program" for calendar year 1974, wi'th~the Federal share being $19,966, non-federal share $446, totaling $20,412. Mr. Mickelson stated that there are two grants which have both been Page 284 June 19, 1973 June 19, 1973 awarded. He requested approval of the application for the grant, with the chance that it may be too late. Neil McCabe stated that this has not been reviewed by County Counsel and he could not approve the application as to form. Discussed. Clif Mickelson was requested to discuss the program with Head Start representatives and report to the Board regarding the matter. 73-973 LATE HOMEOWNER APPLICATIONS FOR EXEMPTIONS REFERRED TO COUNTY COUNSEL The Assessor presented 241 late homeowner applications for exemption for consideration by the Board. Recision on these exemptions was necessary so that exemptions granted may be entered on the assessment roll. Evelyn Godley, from the Assessor's office,was present to answer questions, She explained that the Board must approve those applications which have a reasonable cause for not filing on time. Discussed. On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the 241 late homeowner applications for exemption were referred to County Counsel and Assessor's Office with the authorization to recommend approvaldfihoseapplicatians that are deemed acceptable and rejection of those that are not. See further action taken later in the meeting,- 73-974 DISCUSSION: ORDINANCE RE ABA_T_EMENT AND REMOVAL OF ABANDONED VEHICLES Neil McCabe explained the ordinance regarding abatement and removal of abandoned vehicles. To qualify-for state money, an ordinance must be passed pursuant to the Vehicle Code. This ordinance allows the taking of a private vehicle that is abandoned, after a public hearing, even though a property owner may not want the vehicle removed. Mr.,ilcCabe explained that this can be done if the vehicle is determined to be a public nuisance. Additional steps that will be taken include ;a contract with the state, and adopting a resolution determining administrative costs. Supervisor Cameron felt some stipulation should be added to the exceptions on page'2 of the ordinance regarding same type of solid fence so cars are not visible from a road. The State would accept monthly reports through July and August and would still cover the County for removed vehicles, even though the ordinance would not be in effect. Discussed. County Counsel will re-draft the ordinance and present it to the Board next week for consideration. Uf 73-975 ADOPT RESOLUTION N0. 73-98 MAKING APPLICATION TO LOCAL AGENCY FORMATION COMMISSION FOR EXTENSION OF AUTHORIZED SERVICES WITHIN COUNTY SERVICE AREA 47 Neil McCabe, deputy county counsel, explained that the resolution making application to LAFCO for extension of authorized services within County Service Area is to provide for street lighting. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, Resolution No. 73-98, making application to the Local Agency Formation Commission for extension of authorized services within County Service Area 47, was adopted and the Chairman authorized to sign. 73-976 FiiBA COUNTY SUPERINTENDENT OF SCHOOLS REQUEST RE LEVYING OF TAXES: NO ACTION TAKEN Yuba County Superintendent of Schools request :re levying of taxes under"-_ Education Code Sections 601.1, 708 and 20404. The Administrative Officer advised that this item was on the agenda in error, No action taken, RECESS: 10;07 a.m. RECONVENE: 10:25 a.m. Page 285 June 19, 1973 June 19= 1973 73-977 PUBLIC HEARINGS SET: McCLAIN TENTATIVE PARCEL MAPS, FOOTHILL RESIDENTS LEAGUE AND DEAN VOWEL: JULY 10, 1973 Public hearings were set for July l0, 1973, at 1:30 p.m, on the following: ' 1. Pearl McClain, appeal of Planning Commission's decision regarding her tentative parcel map, 2. Roma Jean McClain, appeal of Planning Commission's decision regarding her tentative parcel..map. 3. Foothill Residents League - Lynn Wixom - extend interim zoning from "A-R" (agricultural-residential) to "S-2" (suburban residential), east of Oroville. Interim expires July 23, 1973. 4. Dean Vowel - extend interim zoning to "A-S R" (agricultural suburban residential) for property north and south of Eaton Road, near Hwy. 99E, Chico. Interim zoning expires July 11, 1973. 73-978 APPROVE TWO TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL Jim Lawson, planning director, set out the two tentative parcel maps recommended for approval by the Planning Commission. On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, the following tentative parcel maps were approved subject to the conditions of the Planning Commission: 1. Vina Gold Orchards, AP 56-28-01 & 02, and AP 56-24-24, 3 lots, on Sugar Pine Place, off Hwy. 32, Forest Ranch. Engineer: Walter B. Grimes & Assoc. 2, Richard Colonel, AP 41-46-2, 2 lots, on Pentz-Magalia Hwy., near Lime Saddle, Paradise. Surveyor: John W. Hamby. 73-979 APPROVAL OF KASZA TENTATIVE PARCEL MAP IN AN AREA THAT HAS BEEN AND IS IN THE PROCESS OF BEING FOUR BY POURED Jim Lawson explained that Mr. Kasza has submitted a new map and the Planning Commission has changed its recommendation from denial to approval, On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, the following tentative parcel map was approved with the five conditions of the Planning Commission: 1. Karoly Kasza, AP 54-24-81, 4 lots, off Stearns Road, near Harrison Road, Paradise. Surveyor: Gary Lippincott. 73-980 APPROVE FOUR TENTATIVE SUBDIVISION MAPS RECOMMENDED FOR APPROVAL (CONT'D FROM ,TUNE 12 Jim Lawson described the tentative subdivision maps recommended fox approval. The Lox ley Glen subdivision map, AP 52-07-68, 9 Lots, on Nottingham Dr., east of Crestview Dr „ Paradise, has a waiver on it. The Board felt this map should be referred to the Subdivision Committee. Action on Loxley Glen subdivision map continued to July 10, 1973. On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the following tentative subdivision maps recommended for approval WEYe approved, subject to the conditions of the Planning Commission: 1. Kelly Ridge Homes, Unit No. 1, l2 lots, northwest corner Kelly Ridge Road and Hillcrest Avenue, Oroville, Owner: Southern California Financial Corpoxation. Engineer: Cook Associates. Page 286 June 19, 1973 _ _ _ ~ ., _ - .~ - ~ ~ =June 191 1973 = _ _ _ ~ ~ ~ ~ ~ ~ _ ~ -.- 2. Kelly Ridge Homes, Unit No. 2, 15 lots, on Kelly Ridge Road, opposite Hillcrest Avenue, Oroville, Owner: Southern California Financial Corporation. Engineer: Cook Associates. 3. Kelly Ridge Homes, Unit No. 3, 6 lots, northwest corner Lodge View Drive and Hillcrest Avenue, Oroville, Owner: Southern California Financial Corporation. Engineer; Cook Associates. 4. Kelly Ridge Homes, Unit No, 4, 24 lots, northwest corner Hillcrest Avenue and Lodge View Drive, Oroville, Owner: Southern California Financial Corporation. Engineer: Coolc Associates. 73-981 REPORT ON PROP05ID CONTRACT FOR CONSULTANT SERVICES - CITY OF CHTCO, AREA PLAATNING Jim Lawson, planning director, reported on the contract for consultant services,_City of Chico for area planning. Mr. Lawson had reservations regarding language and intent. He felt there should be a clarification as to whether the contract would be for funding a study for need ox to fund the actual planning stage. Supervisor Gilman felt the agreement should be clear-cut.~Gontract discussed. Supervisor Ladd felt that there must be full cooperation between city and county. He commented regarding the City of Chica's failure to send comments to the County Planning Commission about the handling of planning items. Supervisor Gilman felt that a solution may be to enhance the'local staffs to come up with a General Plan. Supervisor Gilman, Madigan and Jim Lawson will arrange a meeting with the County Planning Commission, Chico City Planning Commission, Chico City Council and the Board of Sppervisors at an early date. 73-982 DISCUSSION: STUDY OF DATA PROCESSING SERVICES FOR COUNTY LAW ENFORC~IENT '1l Mr. Rowan of Rowan Enterprises was present to explain-his progosal ~~ U~~ for a study of data processing services for law enforcement. Mr, Easagrande of CCCJ has indicated that there would be funds available and the State could reimburse the County. Mr, Rowan has discussed the study with Chief Wes Barret, Sheriff Gillick and Chief Johnson. Mr. Rowan stated that he has read sevexal studies which could be adapted to Butte County. Mr, Rowan stressed that if mechanized, the program could handle instantaneous computer return from Sacramento. Study discussed, Supervisor Ladd felt that if CCCJ could fund a study, it might be well to have a data processing study for the Sheriff, Chairman McKillop stated he would like Mr, Casagrande to appear before the Board to discuss how the County can take advantage of such a study. He would like Chief Barret and Sheriff Gillick also to co~nent to the Board regarding the study. 73-983 DISCUSSION: PUBLIC DEFENDER REPORT •. Jerome Warren, public defender, was present to discuss the Public Defender Report with the Board, Mr. Warren set out his views regarding the report. He felt that regarding appeals, it is better is have a different attorney at the appeals _ level. Mr. Warren felt there is no conflict of interest existing with the Public Defender. He discussed the per capita costs o£ the Butte County Public Defender as compared with other counties, He explained his +~iews of the budget of the four lawyer concept. He felt the budget may be hig6~er because a law library will be needed if the recommended plan in the report is adopted. .Page 287 June 19, 1973 June 191 1973 Mr, Warren stated that he is willing to hold the Public Defender contract to $150,000, Mr, Mulkey, president of the Butte County Bar Association, explained ' that Mr, Watt, Mr, Craig and Mr. Fuller prepared the report, He felt they have no peYsonal interest as to the outcome of the report, Mr. Watt appeared to respond to Mr. Warren's comments, Fte felt the ' personnel method of Public Defender was easier to control than the independent contractor method. Mr. Watt explained his opinion of appeals, and per capita costs. A county twice Butte County's size has 40% the cost per capita of Butte County. He felt that basically for the good of the County and for better handling of cases for indigents, the personnel system is preferable, Supervisor Cameron questioned Mr. Watt regarding the Bar Association's approval of the report. Mr. Watt explained that the committee has made the study and it has been made known to the Bar Association, and no comment has been made by the Association. Mr. Schroeder from the Public Defender's office, commented regarding appeals. Since his firm has had the Public Defender contract, Mr, Schroeder has been involved in two appeals. Discussed. 73-9$4 APPEARANCE: RAY CUDNEY CORRECTION OF JUNE 12 1973 MINUTES Ray Cudney, Butte County Employees Association representative, felt a correction should be made clarifying County Counsel's opinion in regard to Mr, Cudney's request for retroactive salaries at the June 12th Board meeting. The Clerk will clarify the minutes after listening to the tape of the meeting. RECESS: 12:15 p.m. RECONVENE: 1:35 p.m. 73-985 PUBLIC HEARING: OLIVE L, BROWN, APPEAL PLANNING COMMISSION'S APPROVA7. FOR USE PERMIT TO ALLOW AUTOMOBILE BODY REPAIR SHOP ON PROPERTY ZONED "A-2'; PALERMO The public hearing for Olive L. Brawn, appeal Butte County Planning Commis- sion's approvals Don Farabee, use permit to allow an automobile body repair shop on property zoned "A-2" (general) located on the south side of Palermo Road, 50 feet east of Lincoln Blvd „ identified as AP 26-144-21, Palermo, was held as continued from June 12, 1973. The hearing had been closed to the public and confined to the Board, Jim Lawson reviewed the hearing from the previous week. Discussed, Supervisor Ladd set out his objections to granting a use permit. Don Farabee, applicant, stated that he would not use heavy noisy equipment, and that he is buying the property subject to approval of his use permit. Lillian Brown, representing Olive Brown, read a letter from Mrs, Brown, reviewing her objections to the use permit. County Counsel stated that because the hearing was closed, it was going against procedure to allow further comments from the public. On motion of Supervisor Ladd, seconded by Supervisor Gilman and carried, use permit for Bon Farabee, to allow an automobile body repair shop on property zoned "A-2" (general) located on the south side of Palermo Road, 50 feet east of Lincoln Blvd, identified as AP 26-144=21, Palermo, was denied, Supervisor Ladd stated that his motion was based on what he said at this meeting and at the previous Page 288 June 19, 1973 ________________June 19= 1973=_===___-- _______ meeting. AXES: Supervisors Gilman, Ladd, Madigan and Chairman McKillop . NOES: Supervisor Cameron 73-986 PUBLIC HEARING: DONALD D. MADAM, AP 50-211-64 & 65 , APPEAL OF PLANNING COM[~ffSSION'S DENIAL OF 4 LOTS, ON BILLS ROAD NEAR VIRGINIA WAY PARADISE Public hearing for Donald D. Madam, AP 50-211-64 & 65, appealing the denial of the Planning Commission for 4 lots, on Bi11e Road near Virginia Way, Paradise, surveyax: John W. Hamby, was held, Jim Lawson, planning director, explained that the Planning Commission had recommended this tentative parcel far denial, Access road to the property discussed. Supervisor Cameron. stated that he had visited the area, and the access road is very narrow. Hearing opened .to the public, Appearing in opposition: no one, Appearing in favor: 1. Phil Mace, attoxney, appearing for Mr. Madam. Mr. Mace stated that Mx. Madam has accepted the five conditions of Planning Commission regarding his map. He read the duties of the Subdivision Committee from the County Code. Mr, Mace felt that the Planning Commission does not have the authority to apply strict standards to the Paradise area. Mr, Madam applied fora map under the ordinance and has met all the requirements of the ordinance, Mr. Mace stated that the Planning Commission has not received the factual input needed in this case to deny the application. Jim Lawson explained that the property in question is in an area that is and has been in the process of being four-by~foured. Areas being four-by-foured discussed, Mrs. Best, Paradise, questioned Mr. Mace regarding the duties of the Subdivision Committee. County Counsel stated that Section 20-4 of the County Code states that the Board could require improvement of access xoads. Discussed, Supervisor Cameron described the physical features of the area in question. The hearing was closed to the public and eonfined to the Board, It was moved by Supervisor Cameron to deny Donald D. Madam`s tentative parcel map because of•the health, safety and future development of the area. Motion died for lack of a second. Neil McCabe stated that because the health and safety factors were not brought out in the testimony, they could not be used for xeasons for denial. If problems do exist in this area, the map should be referred back to the subdivision committee for review. Mr, Mace felt the County sanitarian should be present at the hearing and should comment on the matter. Hearing procedures discussed, Supervisor Ladd felt that it may be beneficial to have the County Sanitarian comment on the map, On motion of Supervisor Madigan, seconded by Supervisor Ladd and carried, tentative parcel map of Donald D. Madam, AP 50-211-64 & 65, 4 lots on Bille Road near Virginia Way, Paradise, was continued one week. AYES: Supervisors Gilman, Ladd, Madigan and Chairman McKiilop NOES.: Supervisor Cameron Supervisor Cameron stressed that ~a reason he voted "noe" was not to take any legal rights from Mr. Madam: Page 289 June 19, 1973 June 19, 1973 73-987 PUBLIC HEARING: RICHARD P, DOAK, JR., AP 53-15-72, APPEAL OF PLANNTNG COMMISSION'S DENIAL OF 3 LOTS SOUTHEAST CORNER BILLE AND LIBBY ROADS PARADISE Public hearing for Richard P, Doak, Jr „ tentative parcel map on AP 53-15-72, 3 Pots, southeast corner Bille and Libby Roads, Paradise, was held. Jim Lawson reviewed the action taken by the Planning Cottmiission, It was recommended that the map be referred to the Division of Real Estate because of the close association of owners in this matter, Supervisor Cameron discussed the map. Hearing opened to the public. Appearing in opposition: no one, Appearing in favor: 1, Phil Mace, attorney, representing Mr, Doak, Mr, Mace explained that Mr, Doak has owned the property since 1952, and does not feel that there is any illegality involved, Hearing closed to the public and confined to the Board. Supervisor Cameron questioned Mr. Lawson regarding the "family tree" of this property. Mr, Lawson felt the property may be involved in a "family tree" lot split, The map has a waiver on it, On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, the hearing for Richard P, Doak, Jr., AP 53-15-72, appeal of Planning Commission's denial of 3 lots, southeast corner Bille and Libby Roads, Paradise, was continued 'one week and the Planning Director will report regarding the "family tree". 73-988 PUBLIC HEARING: GARY LIPPINCOTT, APPEAL DECISION ON HIMANGO ACRES SUBDIVISION AP 50-04-58 15 LOTS WEST SIDE OF PENTZ-MAGALIA HWY, 200` SOUTH OF DRAPER LANE Public hearing for Gary Lippincott, appealing the decision of the Planning Commission on Himango Acres Subdivision, AP 50-04-58, 15 lots, west side of Pentz-Magalia Hwy. 200 ft, south of Drayer Lane, Paradise, was held, Jim Lawson described the area on a Paradise area map, The Water Quality Board is satisfied with one concern that was the basis of the Planning Commission's denial. Also, the applicant has agreed with the conditions of the Planning Commission, County Counsel stated that an exception to the ordinance will be needed if this map is approved, Mr, Lawson explained that a letter requesting an exception had been written by the applicant and the Planning Commission made findings regarding the exception, Hearing opened to the public, Appearing in opposition: no one, Appearing in favor; i, Gary Lippincott, surveyor, represented the applicant, He explained some changes in the subdivision map, and verified that Mr, Himango, the applicant, had written a latter requesting an exception to the ordinance regarding the cul- de-sac length, Hearing closed to the public and confined to the Board, On motion of Supervisor Cameron, seconded by •Supervisor Ladd and unanimously carried, Himango Acres Subdivision map, AP 50-04-58, 15 lots, west side of Pentz- Magalia Hwy „ 200 ft, south of Drayer Lane, Paradise, was approved with the changes that have taken place, -with the conditions from the Planning Commission and with the exception regarding the cul-de-sac length, 73-989 PUBLIC HEARING: R & A BUILDERS, AP 53-14-05, 4 LOTS ON PECK LANE NEAR SYLVAN .LANE. PARADISE Page 290 June 19, 1973 .Lune 19s 1973 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- -- - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - Public hearing far R & A Builders, appeal of Planning Commission's decision on tentative parcel map, AP 53-14-05, 4 lots on Peck Lane near Sylvan Lane, Paradise, was held. Jim Lawson set out the action of the Planning Commission. There is a waiver on the map. Hearing opened to the public. Appearing in opposition: no one. Appearing to favor: 1, Phil Mace, attorney, representing the applicant. He stated that there is the same breakdown in process as he described at Mr, Madam"s hearing. Mr, Mace reviewed the Planning Commission meeting where the map was denied. Jim Lawson stated that from November 1972 to May 1973 three sets of maps in this one area have been processed. Neil McCabe explained that the Planning Commission has been concerned with what to do with maps in four-by-four area s, and has asked County Counsel for an opinion as to the extent of the Commission's duties. This legal opinion has not yet been given to the Corrrtnission. Hearing closed to the public and confined to the Board. Supervisor Ladd felt that until the Board sees fit to change the existing laws, there is nothing that can be called illegal in maps such as RbA Builder's. Ou.nership of the property in question discussed, On motion of Supervisor Madigan, seconded by Supervisor Cameron and unanimously carried, hearing for R&A Builders, appeal of Planning Commission's decision on tentative parcel map, AP 53-14-05, 4 lots on Peck Lane near Sylvan Lane, Paradise, was continued one week, and Jim Lawson will report to the Board regarding ownership of the property. 73-990 PUBLiC HEARING: CLARENCE SELLS, APPEAL OF PLANNING COMMISSION'S DECISION ON TENTATIVE PARCEL MAP, AP 57-38-Ob Public hearing for Clarence Sells, appealing the Planning Commission's decision on his tentative parcel map on AP 57-38-06, 3 lots, off Hwy, 32, between Hwy. 32 and Little Chico Creek, Forest Ranch; surveyor, Gary Lippincott, was held. Jim Lawson described the area on a Forest Ranch area map, and showed a concern with the access. Hearing opened .to the public. Appearing in opposition: no one. Appearing in favor; 1, Clarence Se11s, Mr, Sells explained his investment in the property and how he has tried to conform to County standards, He felt the access was acceptable, and stated that public works approved the access. 2, Gary Lippincott, surveyor. He explained the configuration of the access road, Hearing closed to the public and confined to the Board, On motion of Supervisor Ladd, seconded by Supervisor Cameron and unanimously carried, tentative parcel of Clarence Sells, AP 57-38-06 3 lots, off Hwy, 32, between Hwy, 32 and Little Chico Creek, Forest Ranch, approved subject to the conditions of the Planning Commission. 73-991 PUBLTC HEARING: LESLIE B, JOHNSON, APPEAL PLANNING COMMISSION'S RECISION ON TENTATIVE PARCEL MAP AP 47-29-54 CHICO Public hearing for Leslie B. Johnson, appealing the Planning Commission's Page 291 June 39, 1973 Suite=19,=1973 decision for tentative parcel map for AP 47-29-54, 3 lots, on Stable Lane, off Garner Lane, Chico; surveyor: D. R. Roper; was held, Jim Lawson set out the area on a Chico map, Hearing opened to the public, Appearing in apposition: no one, Appearing in favor: 1. Leslie B. Johnson. Mr, Johnson presented a map showing other lots in the Stable Lane area. He stated that the lots were already split when he purchased the property, and the area surrounding his lots is in homes. Decision of the Planning Commission discussed, Supervisor Gilman felt the streets in the area are not improved, Hearing closed to the•.~public and confined to the Board, With the permission of the Board, it was moved by Chairman McKillop, seconded by Supervisor Gilman and unanimously carried, to approve the•Tentetive parcel map of Leslie B, Johnson, AP 47-29-54, 3 lots, on Stable Lane, off Garner Lane, Chico, surveyor: D.R. Roper; subject to the conditions of the Planning"Commission, 73-992 PUBLIC HEARING: ROGER BOUTIN, AP b2-02-03 (PORTION), 2 LOTS, ON BIG BEND ROA-. ABOVE LAKE OROVILLE: APPEAL PLANNING COMMISSION'S DECISION Public hearing for Roger Boutin,.appealing the decision of the Planning Commission of his tentative parcel map for AP 62-02-03 (portion), 2 lots, on Big Bend Road, above Lake Oroville, was held. Jim Lawson described the area, Hearing opened to the public, Appearing in opposition: no one. Apgearing in favor: 1, Phil Mace, attorney, representing the applicant, Mr. Mace read from the tape of the Planning Commission meeting where said map was denied, Hearing closed to the public and confined to the Board, With the permission of the Board, it was moved by Chairman McKillop, seconded by Supervisor Ladd and unanimously carried, to approve the tentative parcel map of Roger Boutin, AP 62-02-03 (portion),2.lots on Big Bend Road, above Lake Oroville, subject to the conditions of the Planning Commission, 73-993 PUBLIC HEARING: RAYMOND CARR, APPEALING PLANNING COi+A•IISSION'S DECISION ON TENTATIVE PARCEL MAP AP50-052-27 (portion} Public hearing for Raymond Carr, appealing the Planning Commission's decision on tentative parcel map for AP 50-052-27 (portion) 6, lots, on Clark Road, near Wee Dell Lane, Paradise, was held,. The Planning Commission had denied the map on a six to two vote, Dimensions of access road discussed, Hearing opened to the public, Appearing in opposition: no one, Appearing in favor: 1. Phil Mace, attorney, representing applicant. Hearing closed to the public and confined to the Board, On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, the tentative parcel map for Raymond Carr, AP 50-052-27 (portion) 4 lots, on Clark Road, near Wee -e11 Lane, Paradise; surveyor, John Hamby, was approoved, Page 292 June 19, 1973 June 19, 1973 L C C E C ~ - - - - - - ,.. - - - - - - .. - - - - - - - - - - - - - - - .. 73-994 PUBLTC HEARTNG: "THE ANNUAL REVIEW OP THE BUTTE COUNTY GENERAL PLAN, AND PLANNING COMMISSIONERS' RECOMMENDATIONS Public hearing for "The Annual Review of the Butte County General Plan, and Planning Commissioners' recommendations" was held as advertised, Jim Lawson set out the amendment to the General Plan regarding timber mountain areas which he felt will take care of some confusion and give the Plan more consistancy. Mr. Lawson read the policy statement of the amendment. Discussed, Hearing opened to the public. Appearing in opposition: 1. Dorothy D. Paradis. 2. Jim Overholtzer. He felt there is no justification for setting up another barrier for use of land other than water shed or recreation. 3. James Hansen, 4, Phil Mace. Mr. Mace felt the zoning should be changed to conform with the General Plan, Jim Lawson reported that the July 1 deadline for the General Plan has not been extended. Building permits will cease to be issued without an Open Space element. Mr, Lawson discussed the committee meeting, in Sacramento where the bill to extend the July lst deadline was defeated. 5, Bud MacNamera, Paradise, Mr. MacNamera commented about the Open Space element, 6. Marjorie Cox, Paradise, She set out her objections to the Environmental Impact Report of May 14th. Appearing in favor: no one, Hearing was continued to June 26th, 1973 at 1:30 p,m, 73-995 AUTHORIZE LEAVE OE ABSENCE EXTENSION On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, a 30 day non-compensated medical leave extension for Pauline Long was authorized, 73-996 RETIREMENT CONTRACT AMENDMENT: PUT OVER A resolution has been prepared indicating the Board's intention to amend the retirement contract providing safety member retirement; 2% at age 55 formula for qualified law enforcement personnel. Matter continued to next week. 73-997 HOSPITAL ROOM DOORS &.ADMINTSTRATION'S REGORDING STAMP DECLARED SURPLUS The Hospital requested the Board to declare two patient room doors 42" wide surplus as these have been replaced with 48" wide doors on order of the k'ire Marshal. The Administrative Office requests the Board to declare time recording stamp ~k6473 surplus as it is obsolete and no longer of any use. On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, two Hospital patient room doors 42" wide and Administrative Office recording stamp ~~6473 were declared surplus and Purchasing Agent was authorized to dispose of said items. Page 293 June 19, 1973 -______--_===-=June_19,-1973=====_--______ -~~-~.~ 73-998 AUTHORIZE TRANSFER OF OWNERSHIP OF PACKAGE DISASTER HOSPITALS The County has two 200-bed units in the County, one at Gridley Fair Ground and the ofher at Chico Fair Grounds which HEW will transfer to the County if desired, with the only cost being a $25 service and handling charge for each transfer. There will be no additional expense to the County and the units would be extremely useful in event of a disaster, Mr, Stamm recommended acceptance. On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, acceptance of transfer of two package disaster hospitals and payment of services and handling charge of $25 each was authorized, 73-999 DISCUSSION: FEDERAL MANPOWER GRANTS Jim Rackerby appeared to discuss the Federal Manpower grants, The Department of Labor has indicated that Butte County is eligible for prime sponsor- ship of various categorical manpower and training programs. Mr, Rackerby explained the various programs that exist under the Manpower grants. Decisions to proceed with grant applications for fiscal year 1974 are needed, Mr, Rackerby felt that admistration of the sponsorship could be delegated to EOC, Funding discussed, Mr. Rackerby stated th8t he iieede direcCion whether to proceed with the grant application and the final decision could be made next week. Aiscussed, Mr, Rackerby will prepare the grant applications and the final decision will be continued until next week. Dr. Boyd appeared before the Board and expressed his interest in the idea of work experience, Mr, Rackerby stated that last summer the Work Experience students were able 'to work in the summer due to some PEP Funds, C1if Nickelson and Jim Rackerby will meet and find what is available for summer work funding. Marjorie Cox felt this type of program is an extension of welfare, Dorothy Paradis commented that this is a good program. 73-1000 ACCEPT COMPLETION OF COUNTY COUNSEL REMODELING PROJECT County Counsel remodeling project has been reviewed by Architect, Public Works and Purchasing and is recommended for acceptance upon replacement of one light fixture lens which was broken. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, County Counsel remodeling project was accepted, filing of notice of completion was authorized, and payment to the contractor of the contract price less 5% withhold as per contract was authorized, 73-1001 AUTHORIZE PURCHASE OF ADDITIONAL FURNITURE FOR COUNTY COUNSEL Clif Nickelson, administrative officer, explained the additional furniture for County Counsel, During discussion of the remodeling, purchase of certain furniture was considered by the Board as part of the project but they,minutes do not reflect authorization for such purchase. Originally proposed were law library book units, $1,260; conference table $200; three work tables $346 and twelve conference chairs $1,175, totalling $2,981. County Counsel requested that drapes be purchased for the windows to afford glare protection. Estimafied cost $950. Purchase discussed, The Board felt a report should be made regarding the drapes, On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, purchase of the following items for County Counsel was authorized with the deletion of drapes at $950,00: law library book units, $1,260; conference table $200; three work tables $346 and twelve conference chairs $1,175; totalling $2,981, 73-1002 AUTHORIZE PAYMENT OF 10% RETENTION FOR GOLDEN FEATHER FAIR WALL PROJECT ~,y 0~ Clif Nickelson explainer} that notice of completion was filed on May 8 Page 294 June 19, 1973 ------ _-----==,Zuge=14,=1373==_____----_~---_~ for the Golden Feather Fair concrete wall project, and the contractor is: now eligible for the 10% retention withheld fm m his payment, Affidavit has been signed by the Auditor. On motion-of Supervisor Madigan, seconded by Supervisor Ladd and unanimously carried, payment of 10% retention in the amount of $651.48 to Chastain and Oswalt, contractors for the Golden Feather Fair concrete wall project was authorized. 73-1003 APPROVE CONTRACT FOR VETERAN 5E&•v'ICE OFFTCERS' ALLOTMENT The allotment to Butte County ofr the Veteran Service Officer salaries for the year 1973/74 is $4,741.15. The Department of Veterans Affairs requests completion of contract prior to July 1, 1973 as Department of General Services has adopted a policy that contracts will not be approved subsequent to the beginning date of the period covered by the contract. The County Administrative Officer has usually been named as authorized representative for this purpose, On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the contract with the Division of Veteran Services for allotment of $4,741.15 for the Veteran Services Officer for 1973/74 was approved and signature by the County Administrative Officer was authorized, 73-1004 AUTHORIZE INCREASE IN BHI RATES ' C1if Mickelson explained that the Welfare Director requests that BHi rates be increased to $100 per month for children through age 12 and to $120 per month for children age 13 through 18 years. On motion of Supervisor Gilman, seconded by Supervisor. Cameron and unanimously carried, an increase in BHi rakes to $100 per:anonth for children through age 12 and to $120 per month for children age 13 through 18 years was authorized. 73-1005 APPROVE LEASE AGREEMENT WITH DURHAM MOSQUITO ABATEMENT DISTRICT A 20 year lease at $1 per year has been prepared for lease by the Durham Mosquito Abatement bistrict of a portion of-the old State Highway Maintenance Yard located on the east side of the Midway, south of Durham. Lease has been approved by Counsel and Auditor. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, a 20 year lease agreement at $1 per year with the Durham Mosquito Abatement Diestrict was approved and the Chairman authorized to sign, 73-1006 AMENDMENT TO AGREEMENT WITH CHICO WORK TRAINING CENTER INC.: PUT OVER The agreement with Chico Work Training Center, Inc,, covers services provided by the Work Training Center to the Mental Health Department and the original agreement stipulated days of service not to exceed 500. The amendment changes the days of service to 700 days. The amendment has been approved by Counsel and Auditor. Discussed. The Board felt Dr. Maguire should provide additional information regarding the amendment. 73-1007 TRAVEL RE VEST APPROVED The District Attorney requested authorization for two persons, Chief Criminal Investigator Brooks and Criminal Investigator Dansby to attend a California Association of Pholygraph Examiners at Oakland, June 23 and 24, Travel by County car. One night lodging, estimated cost of trip $70, On motion of Supervisor Ladd, seconded by Supervisor Gilman, and unanimously carried, travel request for Mr. Brooks and Mr. Dans~y to attend the California Association of Polygraph Examiners at Oakland, June 23 and 24 was approved. Travel will be by county car; one night lodging, estimated cost of the trip $70. Page 295 June 19, 1973 June 14, 1973 73-1008 ADOPT ORDINANCE N0. 1360, AN ORDINANCE AUTHORIZING APPOINTMENT OF ASSESSMENT HEARING OFFICER AND ESTABLISHING PER DIEM COMPENSATION Clif Nickelson reported to the Board regarding the comparison of advantages and disadvantages of an assessment appeals hearing officer program, Mr. Nickelson listed the savings the hearing officer program;'edhl`d-have made for the County in previous years, Program discussed, Ed Brown, assistant assessor, cormnented regarding the program, He felt the Assessment Appeals hearings have been informal in the past, which is one reason for implementing the hearing officer program, He felt the program is impractical. Discussed, On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, Ordinance No, 1360, an ordinance authorizing appointment of Assessment Hearing Dfficer and establishing per diem compensation was adopted and the Chairman authorized to sign. The Hearing Officer will travel to the County facilities in Chico, Gridley, Oroville and Paradise to hear applications for reduction, and will receive the same per diem compensation as regular Assessment Board members. ~``~73-1009 ADOPT RESOLUTIONS 73-99 and 73-100, ADDING SECTION 28 TO THE RULES OF THE ASSESSMENT APPEALS BOARD, AND AMENDING RULES 7,0, 7.5, and 12 OF THE RULES OF THE ASSESSMENT APPEALS BOARD On motion of Supervisor Gilman, seconded by Supervisor Camexon, and unan-~-, imously carried, Resolution 73-99, adding Section 28 to the rules of the Butte County Assessment Appeals Board, and Resolution No, 73-100, amending Rules 7.0, 7.5 and 12 of the Rules of the Butte County Assessment Appeals Board, were adopted and the .Chairman authorized to sign. 73-1010 APPRDVE 147 LATE HOMEOWNER APPLICATIONS FOR EXEMPTIONS Jim Griffith, deputy county counsel, reported that he and Ed Brown from the Assessor's office had reviewed the late homeowner applications for exemptions that were referred to them earlier in the meeting, Mr, Griffith explained the difficulties encountered by Mr, Brown and himself in groperly categorizing the late applications, Mr, Griffith then explained the alternatives that were open to the Board regarding what action the Board might take with respect to the late applications. Ed Brown .suggested' that next year have a late filing penalty, but everyone who files gets a claim. On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, 147 late homeowner applications for exemption were approved and 94 applications were rejected. 73-1011 BUDGET TRANSFERS APPROVED Clif Nickelson set out the budget transfers, O / © Z~~ ~ On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, the following budget transfers sere approved; B-189 Paradise Constable - $325 from reserve to transportation and travel B-190 - Sheriff - Dog Control - $4,584.53 from reserve, $400 from office expense, $11,66 from publications and legal notices, $145,96 from Dept, expense, $178.34 going to extra help, $94,09 to insurance gen. $600 to equip, maintenance, $3,300 tQ-prof. & special services, $650 to transportation & $319.72 to equa,pment, B-191 Board of Supervisors - $1,500 from reserve to publications & legal not. B-192 Juvenile Hall - $150 from household expense to transportation & travel B-193 Biggs Constable - $151 from xesexve with. $21 to office expense and $130 to transportation and travel Page 296 June 19, 1973 June 191 1973 B-194 Au9itor-Controller - records expenditure of $30,00 from fire protection budget with $3,012 to E1 Medio Fire Dist. and $86,988 to the Paradise Fire Dist. B-195 Development Commission - $5,500 from office expense to special dept. expense B-146 Chico Marshal - $50 from office expense to equipment maintenance and to cover $7 deficit B-197 Assessor - $1,500 from office expense to professional and special service and covers $866 deficit 73-1012 1TEMS PUT OVER ONE WEEK The following items were put over one week: Appointment to Charter Study Cammittee. Superintendent of Schools - fiscal independence, Chairman McKillop announced that the ground breaking ceremony for the new particle board and boiler plants at Louisiana-Pacific is June 21st at 11 a.m, ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 5:50 p.m, to reconvene on Tuesday, June 26, 1973 at 9:00 a,m, ATTEST: CLARIC A. NELSON, COTTNTY CLERK '~> By: Chairman of the Board Board of ervisors Clerk Page 297 June 19, 1973