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HomeMy WebLinkAboutM062574June 25, 1974 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Cameron, Gilman, Ladd, McKillop and Chairman Madigan. Clif Nickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark A. Nelson, CountyClerk, by Margie Catt, Board of Supervisors Clerk. OPENING: REMARKS: Supervisor Gilman Pledge of allegiance to the. Flag of the United States of America. 74-924 APPROVAL OF MINUTES On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the minutes of June 18, 1974 were approved as mailed, with the change on Page 50, Item 74-898, second paragraph, to state the Labor SCandards Act, rather than the Labor Students Act. 74-925 COMMUNICATIONS Mr. and Mrs. George Kerber, Paradise. Appeal is filed to the Planning Commission deaial of application for a variance setback for f / 3.0 c7 mobile home on AP 55-201-56. Set for hearing on July 23, 1974, at 2:00 p.m. Mr. and Mrs. Lawrence Borchect, Chico. The Borchects oppose rezoning of ~ 3.~ d the Divine property on Bell Road. To be read at the public hearing at 2:00 p.m. Mr. and Mrs. Donald Fridahal, Chico. The Fridahals protest the rezoning of the Divine property on Bell Road. To be read at the public / ~ 3• ~ ~ hearing at 2:00 p . m. Marvin and Christie Smith, Chico. The Smiths protest the rezoning of the / ~ 3.a a 2i00ne mroperty on Bell Road. To be read at the public hearing at P• Jerry Griswold, Chico. Mr. Griswold writes in support of developing a / 0 O,a (p Park for motorcycle riding. Discussed; no action taken. Mr. Gary Griswold, Chico. Mr. Griswold writes in support of developing an ~ ~ Q,~ (o area for off-highway vehicles. Discussed; no action taken. Mr. Maurice L. Norman, Paradise. Mr. Norman sends copy of his letter to ~ O O . b b ~' Castleberry thanking him for the prompt action on pavement repairs in front of his home. Information only. County Superintendent of Schools. Mr. Evans writes in support of using revenue sharing monies in support of projects approved by the 01.0 b Butte County Association for Retarded, lnc., such as the Feather River Opportunity Center and Work Training Center, Chico. Send copy to Revenue Sharing Committee. National Association for the Advancement of Colored People. The Association writes to request hoard continuous support of the Sickle Cell 3 p o•~ ~ Anemia testing program. Discussed; referred to Dr. Enloe, with request that he answer letter. Program to be kept within Health SerQices. City of Chico. The City forwards information justifying appeal from actions of BCAG in regard to SB 325 funds for the 1974-75 fiscal year. b(~.'~1 Mr. Nickelson to present summary of this to the Board members. Page 59. June 25, 1974 _J~ne ~5~ 19Z4_ _ _ _ _ _ State Department of Water Resources. The Surplus Land Division sends notice of intent to sell surplus property off of Timothy Ave. near the Thermalito Afterbay. Letter discussed; Public Works Director to answer letter alerting them the County's property is a land fill operation. Department of Benefit Payments. The Department forwards copy of decision rendered by the Director in matter of dispute between Marin County and Butte County. Discussed; no action taken. State Department of Water Resources. The Division of Design and Construction sends report of target dates for contracts and this report is of ~jJ 0 c3 interest as it shows reconstruction of old Bidwell Bar Bridge and Tollhouse beginning work date as October 4, 1974, with completion in July of 1975. Discussed; no action taken. Mrs. Bi11 Cummings, Biggs. She writes concerning the need for a riding area j O 0.2-~ for motorcycles. Read and discussed. Supervisor Cameron stated that he has discussed this subject with the Recreation Districts and they are putting a meeting together. No action taken at this time. Raymond D. Sala,Chico. They write in opposition to the Divine request for /13,0 ~ zoning change. To be read at the 2:00 p.m. hearing. Alan E. Burchett. Appeal of Determination of Violation of Chapter 20, Section 20-23, Butte County Code. Request for continuance of the hearing set for 2:00 p.m. To be discussed at time of hearing. 74-926 MATTERS PRESENTER BY BOARD MEMBERS Supervisor McKillop asked if the Board members had received the packet from the ModernizationComaittee. He would like the Board's comments on this matter. There will be a meeting of this committee the first week of July and the Board members could give their comments to Supervisor McKillop. Packet to be discussed next week. Mr. Nickelson gave a summary to theBoard members concerning the appeal from actions of BCAG in regard to 5B 325 funds for the 1974-75 fiscal year. Supervisor McKillop commented on the request of Butte County to set aside funds for the bus system. Discussed; no action taken. 74-927 AUTHORIZE TEMPORARX ASSIGNMENT OF EMPLOYEES TO POSITIONS OF PERSONS ON LEAYL OF ABSENCE: APPROVE MERIT ADVANCEMENT FOR BUILDING INSPECTOR On motion of Supervisor McKillop, seconded Uy Supervisor Gilman and unanimously carried", the following action was taken: 1. Authorized Wanda Clifton to temporarily fill position of Stock Clerk, in the absence of Jim Parker, who is on a non-compensated medical leave of absence; and (b) authorized the temporarily assignment of Candice Parkison ~` to the Clerk ITT position during Mrs. Rita Walburn, county clerk's office, non-compensated six month leave of absence, pursuant to Section 9.5 of the Personnel Rules. 2. Authorized the advancement of Building 7:nspecCor, Ottie L. Smith, range 19.5, Step A to Step E, pursuant to the request of the Director o€ Public Works. 74-928 DISCi1SSI0N: PARADISE CONSTABLE RETIREMENT Discussed the retirement application for the Paradise Constable, Leslie Thomas, rehich is being processed. A decision is needed concerning the replacement of this position. Mr. Nickelson and Mr. Rackerby, Personnel Director, have been in contact with Mr. Thomas. All the necessary papers have been processed with the Retirement Board. The retirement is being filed as a disability retirement. Mr. Rackerby stated that everything is in order. A formal resignation has been filed with the Board. The papers have been filed with Workman's Compensation for their decision. June 25, 1974 ;page 60. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .Inn~e=2~' =1~7 ~ _ _ _ _ _ _ _ _ _ _ _ _ _ = _ Supervisor Cameron stated he had talked with Mr. Thomas yesterday and he gave him a memo to read to the Board. The memo by Mr. Thomas recommends .the appointment of Milan Vein as constable. He has worked as a deputy up in Paradise for four years. Memo discussed. Mr. Nickelson explained that it is possible for Chia Board to designate the Sheriff as Constable of any district and he could appoint someone to act as constable. Supervisor McKillop felt the Board should secure some recommendation from the Sheriff and also interview Mr. Vein. Natter discussed. Put over to meeting of July 9th, 1974. 74-929 PERSONNEL APPEALS COMMISSION APPOINTMENT: NO ACTION AT THIS TIME Action on the appointments to the Personnel Appeals Commission put over to latex in the meeting. 74-930 APPROVE TRANSFER OF HOSPITAL SURPLUS TTEMS On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, the transfer of Hospital surplus items to various county departments was approved, as set out in the memo from Tom Struthers, Purchasing Agent. 74-931 APPROVE PREDATORY ANIMAL CONTROL FIELD AGREEMENT On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the Predatory Animal Control Field Agreement with the U.S. Department of Interior, California Department of Agriculture was approved and the Chairman was authorized to sign. 74-932 ANIMAL CONTROL PROPOSAL PUT OVER ONE WEEK Animal Control Proposal put over one week. 74-933 PURCHASING AGENT TO NEGOTIATE CONTRACT WITH AUCTIONEER: HOSPITAL UIPMENT Tom Struthers, Purchasing Agent, was present to further discuss the bids received concerning auction of Hospital equipment. Dr. Enloe and Walter Atkins met with representatives from the clinics and Dr. Enloe recommended that the equipment be donated or sold to the climt~cs. There are four applications for equipment. Feather River Communities Clinic have picked up the tables and the lamps that the Countq is loaning them. They left a request for other articles that they would like to have. Chico Neighborhood Health Center submitted their request for supplies and equipment. Requests set out and discussed. The requests would total about 9~ of the total equipment to be auctioned. Mr. Struthers said he would recommend that theBoard approve the proposal o£ the auctioneer, subject to the renegotiation of the contract concerning the requested equipment. Dr. Enloe stated that he had not discussed prices with the clinics. Dr. Enloe was requested to contact the clinics and tell them the figures quoted for the articles requested by them. A representative from the Chico Neighborhood Clinic spoke on the matter of the equipment requested, The clinic will not need the equipment until September. Supervisor McKillop stated he would like the equipment set aside Page 61. June 25, 1974 ________--_--_=====June 251974=====---------- that has been requested be the clinics, at the figures suggested. Prices for the equipment will be resolved prior to the auction date. It was felt that the EKG machine should go to the Forbestown-Brownsville Clinic. On motion of SupervisorMcKillop, seconded by Supervisor Gilman and unanimously carried, the Purchasing Agent was authorized to negotiate the contract with the auctioneer recommended and bring back to the Board the contract for the Chairman's signatare= 74-934 DETERMINATION OF BOARD TO PURCHASE THE TWO TRACTORS AND SCRAPER FROM PETERSON TRACTOR COMPANY _, Last week the Board accepted the bid of Peterson Tractor Company for the two tractors but did not specify whether the director purchase or if the 24 month lease bid was desired. Mr. Castleberry said he would be happy either way the Board desired to go. Mr. Castleberry explained the need for these two tractors.- On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, it was the Board's determination to purchase the two tractors from Peterson Tractor Company, Chico, rather than on the lease basis. 74-935 PRIORITY PLAN FOR ALLOCATION OF FUNDS UNDER RECREATION BOND ACT: PUT OVER 1 WEEK A resolution has been prepared approving the priority plan for expenditure as required by the State of California for allocation of funds under the Recreation Bond Act of 1974. List presented to the Board members at this time. Matter put over one week for Board's study and consideration. RECE5S: 10:10 RECONVENED: 10:25 74-936 DISCUSSION: AMBULANCE SERVYCE YN CHICO AREA Clif Mickelson, Administrative Officer, stated he had sent to the Board members information concerning the ambulance problem in the Chico area. Problem discussed;:formation of a service area to handle this service discussed. Mr. Mickelson said there was not a moment to spare if this matter were to be put on the November election ballot. It was suggested that the Chico and Durham school district boundaries could be used. Time spent discussing how this problem could be handled. Supervisor Gilman said the immediate problem is how to supply the basic ambulance service to the Chico area. Level of service discussed. Mr. Mickelson will inform the Chico Ambulance Service that the Board does not see fit to take any action at this time; they do not desire to form a service area at this time. Dick Murray, Chico City Councilman, stated that the City is aware there is a problem with this service. He said he was concerned about the matter; if the ambulance service should fold, the City would be without ambulance service. He was told that he could tell the City Council that a service area could be formed for the operation of the ambulance service. Mr. Murray will tell the Cfty Councii about this discussion and how the matter could be handled. No action taken by the Board at this time. Page 62. June 25, 1974 _____________====Jung25s 194===--_________ 74-437 BUDGET TRANSFERS APPROVED On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the following budget transfers were approved: 8-204 Assessment Appeals Board - $169 from the eeserve to professional and special services 8-205 Planning - $300 from professional and special services to Commissioners' transportation and travel B-206 Central Services - $205 from equipment maintenance to rents and leases-equipment 8-207 County Buildings - $3,500 from the reserve to utilities B-208 Library - $100 from professional and special services to other transportation and travel B-211 Auditor-Controller - $43,680 is recorded as an expenditure from the fire protection fund with $9,753 going to the E1 Medio Fire District and $33,927 to the Paradise Fire District to accomplish county contribution to the fire districts as approved by the Board in the 1973-74 budget 8-212 District Attorney - $45 from special departmental expense to memberships 8-213 County Buildings - $1,500 from the reserve to other transportation and travel and $2,500 from household expense to maintenance structures and improvements B-214 County Fire Protection - $500 from equipment maintenance and $1,000 from auto maintenance with $1,500 going to special departmental expense B-215.Memorial Halls - $800 from the reserve to extra help and $140 from household expense to overtime ~-216 Agriculture - $492 from professional and special services and $120 from agriculture expense, with $577 going to other transportation and travel, $2 to rents and leases and $33 to equipment maintenance B-217 Welfare $7,500 from salaries and wages regular to extra help B-218 Library $2.40 from professional and special services to rents and leases equipment 74-938 DISCUSSION: LEAVES OF ABSENCES Mr. Nickelson reported on the matter of leaves of absences for county employees. Mr. Nickelson will contact the employees nssociatioa and determine if these leaves can be handled between Mr. Nickelson and Mr. Rackerby. At the present time, only the Board of Supervisors can authorize a leave of absence. Mr. Nickelson explained why the employee filling the position of a person on leave should be paid a higher rate when filling a position of such a person. Suggestions of Mr. Nickelson discussed; the Board authorized Mr. Nickelson to handle these matters as suggested. ?4-939 APPROVE COUNTY MEDICAL AND DENTAL ACCESS PR03ECT Dr. Enloe explained the revised budget for the county medical and dental access project. He stated that changes have been made in the program. They have pulled out the position that could be funded under the Manpower funds act. This would reduce the amount of the program in the amount of $19,697. Dr. Enloe feels .that this is basically a proposal to get the general and indigent public into the mainstream of medicine. Program explaiaed. Page 63. June 25, 1974 _______________W June_25,=1974====__________ On motion of Supervisor McKillop, seconded by SupervisorCameron and unanimously carried, the County medical and dental access project was approved, the Chairman was authorized to sign, and authorized the refund of county funds in the amount of $19,697. 74-940 COUNTY CLINIC FOR DOG RABIES SHOTS Supervisor Cameron said that everyone should be aware that there will be clinics held Wednesday night, June 26, 1974, for rabies shots for dogs. The charge will be $2.00 per dog. Dr. Enloe explained the purpose of these rabies shots and the amount of time spent by personnel on the rabies program. 74-941 APPEARANCE: DAVE VASCO, COUNTY ASSESSOR, REPORT ON ASSESSMENT ROLL FOR 1974-75 FISCAL YEAR Dave Vasco, County Assessor, presented a report on the assessment roll for the 1974-75 fiscal year. He stated that the total secured roll was $316,644,201; total unsecured roll was $33,021,280, with a gross total of $349,665,481. He set out the gains to the county on the roll. The major increase in values occurred in Chico and Paradise areas. The County is pretty close to 24% as to assessed value. 74-942 APPEARANCE: DARRELL STEVENS, REPRESENTING MR. ~ MRS. ROLLAND MAC AND DUAINE PALM CONCERNING SEPTIC TANK INSTALLATION IN LAKE MADRONE AREA Darrell Stevens, attorney at law, explained the problem concerning septic tank installation in the Lake Madrone area. The buyers had been given a copy of the public report of the Lake Madrone property. Report discussed. The owners applied to the Health Department for a permit to install a septic tank and they were turned down. At this time, they own property that is totally useless to them. There is a house about 150' away from their property. The owner has requested that the Health Department talk to the people that own the house aad determine if the septic tank is satisfactory. Howard Toussaint gave a brief report on this subdivisim ; the subdivision was created in about 1966. On this specific parcel of land, there is ground water that was standing on top, of the property. The Health Department does not think that a septic tank would work on this property. Mr. Palm was present~:i and stated that he represents the people that purchased this property. He feels that the County should make a study of the property in that area. SupervisorMcKillop stated that the building permits in that area are linked with the sanitation for the property. The Health Department will go up and make another check of the property and will make their recommendation to the Board. Mr. Toussaint stated he would be hapgy to work with the purchaser and will view the property with theiouse built on it. On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, the County sanitarian was directed to look at this particular lot and see if there is a solution to the problem. 74-943 ADOPT LIME SADDLE COMMUNITY SERVICES DISTRICT RESOLUTION N0. 2, MAKING THE COUNTY's EIR GUIDELINES EFFECTIVE FOR DISTRICT Dan Blackstock, County Counsel, reported on the resolution for the Lime Saddle Community Services District which would adopt the County's EIR guidelines for the district. Mr. Blackstock explained his thinking in this matter. Resolution and guidelines discussed. Page 64. June 25, 1974 ________________ June25~ 1974=====______---__ It was stated that all the District was asking for today was for the Board to adopt the County E.I,R. guidelines. Supervisor Gilman said he would think a long time before he would say that it would be wise to adopt a negative declaration as it pertains to wflet this district intends to do. Government Code Section 65402 makes it mandatory that an E.I.R. statement be filed. Mr. Fisher stated that an engineer would have to be retained to prepare the Environmental Impact Report. In the resolution being prepared, the Planning Commission would be eliminated. The report would go from the committee to the Board of Directors; they would then file the report with the County Clerk. On motion of Supervisor Gilman, seconded by Supervisor Cameron aad unanimously carried, Lime Saddle Community Services District Resolutioa No. 74-2 making the County's EIR guidelines effective for District vas sdt~pta~`..and•Chairman of the Board of Directors was authorized to sign. 74-944 APPROVE THE AGREEMENT FOR COMMUNICATION STUDY Howard Casagrande stated that the consultant's agreement was in County Counsel's Office for review. County Counsel has approved the agreement. The Auditor did not want to set up a budget item for this matter until July 1st. Mr. Casagrande said he hoped the Board would approve the agreement and that it could be commenced next Monday. The consultant will arrive in Oroville this weekend and will get started on the project. Agreement discussed. On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the communication study agreement was approved, subject Co approval of County Counsel, the Purchasing Agent was authorized to sign said agreemenC, and that the Auditor set up said study on the Auditor's Books on July 1st. 74-945 APPEARANCE OF PARADISE REALTOR PARADISB LIBRARY SITE Mr. Van Flick, Paradise Realtor, asked abouC Che ataCus of the Paradise library site. He was Cold thaC the hearing would be held on July 2nd to hear pros and cons abouC the purchase of the library site. It was felt thaC a CiCle report should be required. The realtor will work with Mr. Castleberry on this matter. The seller will pay for Che Citle report. 74-946 APPEARANCE: WM. TOMPSON. PARADISE William Tompson, Paradise, said there was something that he had been wondering about; the Assessor's office reappraises property every seven years. He said that maybe the Assessor should get his records up to date. Matter discussed; no action taken. 74-946 APPEARANCE: MARIAN WOJCIK LUMPKIN RD OROVILLE that Marian Wojcik, Lumpkin Road, Oroville, asked/if there was any reason a person could not secure a permit to build, why the tdXes enuld not be rolled back about ten years. Matter discussed. Board agreed with said suggestion. 74-947 APPROVE PAYMENT TO BUTTE COUNTY FAMILY HEALTH SERVICES PROGRAM The Auditor reports Chat the Office of Economic Opportunity has authorized payment of $37,950.87 residual balance from prior year CAP Family Planning grants to Butte County Family Health Services program as partial payment o..n $71,500 HEW grant. Payment discussedo On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, the Board approved the payment as requested in memo from Auditor. Page 65. June 25, 1974 June 25, 1974 74-948 APPROVE AUCTIONEER'S LICENSE FOR ARTHUR E. BROWN On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the auctioneer's license for Arthur E. Brown was approved, s object to bond approval by County Counsel. 74-949 PUBLIC WORKS ITEMS APPROVER On motion of SupervisorMcRillop, seconded by Supervisor Gilman and unanimously carried, the following actioa was taken: 1. Approved contract change order #~2, Enterprise boat ramp Project No. REC-73-1 and authorized the Chairman to sign, in the increasing amount of $1,970.64, which provides for payment tc contractor for furnishing 138 feet of the guidance track for the dock on the ramp. 2. Approved plans and specifications for Wyandotte Avenue-Project No. 25503-73-1; authorized Chairman and Director of Public Works to sign plans; adopted wage scale; approved bid opening at 11:00 a.m. July 18, 1974, Public Works office; and increased Wyandotte Avenue (WO #k8010) SB325 project appropriation from $100,000 to $135,000. Funds previously transferred from Wyandotte Avenue project to another SB325 project. Additional funds have become available in 1974-74 FY to cover this increase. This will also require BCAG approval. 3. Approved for submission to Transportation Review Committee and BCAG the supplemental 1974-75 SB 325 projects. 4. Approved agreement for sale, right of way acquisition, authorized Chairman to sign and authorized Auditor to issue warrant ugon demand of County's escrow agent on the following: Imur. Total Skyway 51261-7I-1 Phyllis E. Guerra 0.07 acres $3,034 $1,166 $4,200 74-950 DISCUSSION: REQUEST FOR VARIANCE FOR SERVICE POLE WITHIN ROADWAY Clay Castleberry, Director of Public Works, stated that out on Custer Lane, a gentleman put his service pole in within the ,setback of Custer Lane, a private Zane, through a misunderstanding with the building inspector. Mr. Castleberry said he would hope that there would be some way the Board could give this man same relief. Dan Blackstoek, County Counsel, stated that the Board can not give this man a variance. The property owner must make the application for the variance. It was stated that Mr. Castleberry could allow him to go ahead with hie building and give him permission to allow the pole to remain where it has been placed. 74-951 APPROVE LAND CONSERVATION AGREEMENT AMENDMENT On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, the land conservation agreement correction between Anthony Santos and Jacqueline Santos and the County of Butte, amendment to rectify a clerical error in the description was approved and the Chairman was authorized to sign. 74-952 RESOLUTION OF INTENTION FOR CSA #~51 FOR DRY CREEK A1t0UND OROVILLE FOR MAINTENANCE: TAKEN OFF AGENDA The resolution of intention forCSA #~51 for Dry Creek around Oroville was taken off agenda at this time. Placed an agenda by mistake. Mr. Nickelson will communicate with Oreri;lle concerning the formation of this district and the matter of setting a tax rate. 74-953 APPROVE TRANSPORTATION AND RECREATION ELEMENT OF SUMMER PLAN & ADDITION TO SUMMER YOUTH PROGRAM Jim Rackerby, Personnel -ixector, reported that grant applications+ Page 66. 3une 25, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ju~e_25,=1974 = _ _ - - - - _ _ _ _ _ _ - _ have been prepared to develop a transportation and recreation element to the summer youth program in the amount of $4,378 and to add $20,538 to the Summer Youth Program. This grant will permit the manpower counselors to provide local transportation and cultural recreational activities for the disadvantaged youths in the county. and the increase in Che number o£ summer jobs for youths. Action requested discussed. He stated that Che County could agply for the recreational grant and delegate the E.D.C. as a delegate agency to operate the grant. This is money that should be spent for recreation for kids that are too young to work. Mr. Rackerby said he did not feel that the Personnel Department should handle a program for children that are too young to work. He said the $20,538 would be money to be added to the $77,000 for jobs for youths. This department will be able to add on about 20 more youths to the program. Request discussed. On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, the modification to the Summer Youth Program was approved in the amount of $20,538 and the Chairman was authorized to sign. RECESS: 12:00 RECONVENED: 1:30 74-954 REPORT: HOUSING NUMBERING STUDY Dr. William Collins, who is in charge of conducting the housing numbering study, has submiCted six proposed numbering systems for Butte County. He was present at this time to discuss and explain the systems. The systems concern the incorporated and unincorporated areas of the county. Proposals summarized by Dr. Collings. No. 1 is the grid system. It is very simple and easily understood. A great many of the counties have initiated this system. Systems No. 2 through No. 5 are similar. They utilize a base line in the County. Systems explained and discussed. Dr. Collins stated that systems No. 1 and No. 6 are the must meritorious to use. No. b - characteristics are those of a sprere of influence. Chairman Madigan asked Dr. Collins if this presentation would be given before BCAG meeting to be held on the 17th of July. It will be presented at that time. Grid system explained and discussion was held on how it could be used for the emergency services. Matter to be placed on the agenda for July 17th BCAG meeting. 74-955 PUBLIC HEARINGS SET Public hearings were set for July 23, 1974 at 2:00 p. m, on the following: 1. Butte County Planning Commission initiated - amend Ordinance No. 681 and proposing an ordinance regulating the establishment, construction snd maintenance of mobile home parks in the unincorporated areas of Butte County. Page 67. June 25, 1974 _ _ _ - - _ _ _ _ _ _ _ _ _ _ _ .Tune=2~>=137 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2. Intention to abandon 360 ft. of Oleander Avenue, from the north edge of 10th Avenue to the south edge of 11th Avenue, Chico. Hearing set for August 13, 1974: Cohasset-Musty Buck Ridge rezoning. 74-956 TENTATIVE PARCEL MAP DISCUSSED The tentative parcel map recommended for approval by Planning Commission o£ Roland Vandegrift, AP 65-10-(~","four lots, east side of Skyway, south of Humbug Road, DeSabla discussed. The area is being studied to be zoned MH. The map does meet the conditions of the ordinance. The map calls for 40' from the center of the Skyway. Discussed the determination of the location of center line of the Skyway and whether or not Che County had purchased the righ~l of-way from the owner. It was moved by Supervisor McKillop, and seconded by Supervisor Cameron that the tentative parcel map recommended for approval by the Planning Commission, for Roland Vandegrift, AP 65-10-05, four lots, east side of Skyway, south of Humbug Road, DeSabla, be approved, subject to the conditions and with the note that a negative EIR has been filed. Motion discussed. Roll call on the motion put over until later in the meeting. 74-957 RECOMMENDATION OF PLANNING COMMISSION TO REIMPOSE THE "TM" INTERIM ZONE IN THE MOUNTAIN AREAS NOW UNDER STUDY BECAUSE OF THE PROLIFEROUS LOT SPLITTING: ACTION PUT OVER ONE WEEK Jim Lawson, Planning Director, set out the background of the recommendation of the Planning Commission to reimpose the "TM" interim zone in the mountain areas now under study because of the proliferous'.-Y©t splitting. Recommendation discussed. It was felt that the matter should be referred back to the Planning Commission to have them set out the area that they desire to zone. Dan Blackstack, County Counsel, will give the Board a formal opinion of the matter of expired interim zonings. He will send the written opinion to theBoard members. Matter put over one week. 74-958 AUTHORIZE EMPLOYMENT OF FIRM TO MAKE REPORT: REQUEST FROM ENVIRONMENTAL REVIEW COMMITTEE FOR DETERMINATION WHETHER WRITING OF THE EIR FOR P`1C~`FIC C011ST PRODUCERS, AP 27-20-44 & 75, U5E PERMIT TO ALLOW USE OF PROCESSED CANNERY EFFLUENT FROM OROVILLE CANNERY,.ETC._ Time spent discussing the request from Environmental Review Committee for determination whether writing of the EIR for Pacific Coast Producers, AP 27-20-44 6~ 75, use permit to allow use of processed cannery effluent from Oroville cannery, located between the SPRR right-of-way and WPRR right-of-way, south of Alice Avenue, north of of Cox Lane, south of Palermo, zoned "M-2", containing approximately 355 acres, is to be turned over to a consultant or written by Planning Department. Tt was felt that the Planning Director should select the firm to do the EIR. On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, the Board authorized the Environmental Review Committee to employ a consultant firm to make the report on the Pacific Cost Producers property, for the use permit to allow use of processed cannery effluent from Oroville cannery, located between the SPRR right-of-way and WPRR right-of-way, south of Alice Avenue north of Cox Lane, south of Palermo. 74-959 PUBLIC HEARING: MRS. G, L. DIVINE-APPEAL OF PLANNING COMMISSION'S DENIAL OF REZONE FROM "A-3" TO "AR-MH" (AGRICULTURAL-RESIDENTIAL-MOBILE HOME) FOR PROPERTY LOCATED ON THE SOUTH Si DE 0$,13LPaL ROAD, WEST OF ALAMO AVENUE, CHICO The public hearing on the Mrs. G. L. Divine appear;pf ~l+~nrrt~g- Page 68. June 25, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ June=25,=1974 = _ - _ _ _ _ _ _ _ _ _ _ _ _ - ° Commission's denial of rezone from "A-3" to "AR-MH" (agricultural-residential- mobile home) for property located on the south side of Bell Road, west of Alamo. Avenue, containing approximately three acres, AP 42-02-13, Chico, was held 8s~ advertised. Mr. Lawson summarized the background of this request and set out the boundaries. Mr. Lawson said that the problem in granting the rezoning request is that it would be breaking Che "A-3" zoning district line. This is basically an agricultural area. Letters in opposition were read from: 1. Mr. and Mrs. Lawrence Borchect 2. Mr. and Mrs. Donald Fridshal 3. Marvin and Christie Smith 4. Raymond D. Sala clearing opened to the public. Appearing: Mrs. Larry Borchect. She stated that Mr. Lawson has a petition with 35 signatures on it in opposition to this rezoning request. The residents are strongly opposed to this being granted. 2. Mr. H. D. Stewart, Realtor. He represents Mrs. Divine. He stated that he has met with Mrs. Divine and strongly urged her to withdraw her request and re-submit her application to have her property rezoned "A-2". The present request could be denied. Hearing closed to the public sx~d confined to theBoard. On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the appeal of Mrs. G. L, Divine concerni~g~-the denial of Planning Commission of request to rezone from "A-3" to "AR-MH" (agricultural- residential-mobile home) for property located on the south side of Bell Road, west of Alamo Avenue, containing approximately three acres, AP 42-02-12, Chico, was denied, as recommended by the Planning Commission. 74-960 PUBLIC HEARING: APPEAL BY HENMAN, STUCK, REESE, PRATT AND BERRY OF SUBDIVISION COMMITTEE'5 DETERMINATION TO FILE NOTICES OF VIOLATION ON THE ABOVE PROPERTY LOCATED ON THE NORTH SIDE OF MUNJAR ROAD, EAST OF MERIDLAN ROAD, CHICO- CONTINUED TO JULY 9th, 1974 The appeal by Henman, Stuck, Reese, Pratt and Berry of Subdivision Committee's determination to file notices of violation on the above property located on the north side of Munjar Rosd, east of Meridian Road, Chico, was held at this time. Mr. Lawson set out the background of this hearing. The attorneys for these applicants have requested a continuance of the hearing to July 9th, 1974 at 2:00 p.m, Hearing opened to the public. Appearing: no one. Hearing continued to July 9th, 1974 at 2:00 p.m. Dan Blackstock, County Counsel, stated that he was sorry that this request for continuance had been filed. He is going to ask the Board to consider a matter that concerns this type situation. He said they have an a~dinance that they have been working on concerning this matter. Members of the committee deaire~to be present at the discussion. Discussion continued until later in the meeting. 74-961 APPROVE APPOINTMENT TO AREA II DEVELOPMENTAL DISABILITIES PLANNING BOARD On motion of Supervisor Cameron, seconded by Supervisor McKillop Page 69. June 25, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ,Tune=2~, =1474 = _ - - _ - _ _ _ _ _ _ _ _ _ - and unanimously carried, Mr. Milton B. LeCouteur was appointed a member of the Area II Developmental Disabilities Planning Board. 74-962 APPROVE APPOINTMENS TO LOCAL AGENCX FORMATION COMMISSION On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, Chairman Madigan was appointed as member of the Local Agency Formation Commission and Supervisor Ladd was appointed as the alternate member, for terms of four years, said terms to expire May, 1978. 74-963 APPROVE APPOINTMENTS TO BUTTE COUNTY COMPREHENSIVE HEALTH PLANNING COUNCIL On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the following were appointed as members of the Butte County Comprehensive Health Planning Council: 1. Jean Filer 2. John Harris 3. Evelyn Morehead 4. Donald Casey 5. Lois Dunlap to replace Muriel Xoung, who resigned 6. Madelyn Grossman, to replace Elizabeth Cunkle, who resigned The Board accepted the resignations of Eugene Higgins and Henry Peterson as members of this council. 74-964 BUTTE COUNTY GIVE ASSURANCES ON THE MURPHY SIAUGH PROJECT, EXECUTE THE PROPOSED ASSURANCE AGREEMENT Assurances on the Murphy Slough project discussed. Supervisor Gilman reported on the meetings. He said the agreement concerns the additional work to be done on Murphy Slough. All the other counties involved concur in this matter. On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, Butte County gave their assurance on the Murphy Slough project, approved the execution of the proposed assurances agreement, subject to the approval by the other three counties involved. 74-965 APPROVE APPOINTMENTS TO STIRLING CITY SEWER DISTRICT On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the following were appointed members of the Stirling City Sewer District Advisory Board, for two-year terms, to expire May 3, 1976: 1. Doyen Brown 2. May Rpbbins 3. Donald Meyer RECESS: 2:35 RECONVENED: 2:50 74-966 ADOPT RESOLUTION 74-88 GIVING NOTICE OF INTENTION TO ABANDON A PUBLIC HIGHWAY (3..0 ft. of Oleander Ave., Chico) The public hearing set for the abandonment of 360 ft. of Oleander Ave., Chico discussed. Supervisor Cameron said he did not want to abandon this road and give it to Continental Nut for their property. Mr. Biackstack explained the reason for the proposed resolution. Any objections to the abandonment can be expressed and discussed on the date of the public hearing. The property could become surplus property and handled in that manner. Mr. Castleberry will have all the information regarding this abandonment at the time of the public hearing. Page 70. June 25, 1974 ______________W==Jy~ne25~ 1974===~= ==_________ On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, Resolution 74-88 giving notice of intention to abandon a public highway (360 ft. of Oleander Ava:-Chico) was adopted, July 23, 1974 at 2:00 p.m. set as hearing date, and the Chairman was authorized to sign. 74-967 ROLL CALL ON APPROVAL OF THE ROLAND VANDEGRIFT TENTATIVE PARCEL MAP Clay Castleberry, Director of Public Works, explained the matter of the right-of-way being requested on the Rolland Vandegrift tentative parcel map. They :are dividing property along an FAS route and are providing for future widening of the Skyway. Map discussed. Roll call on motion made in Item 74-956 taken at this time. Ayes: Supervisors Cameron, Gilman, Ladd, McKillop and Chairman Madigan Noes: None Motion carried. RECESS: The Board recessed at 3:00 to go into an executive session RECONV::NED: The Board reconvened at 3:25 following an executive session. 74-968 APPROVE APPOINTMENTS TO ASSE591~fENT APPEALS BOARD On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, Charles King was reappointed a member of the Assessment Appeals Board and Glen Crenshaw was reappointed an alternate member of the Board, for terms of three-years 74-969 APPROVE APPOINTMENTS TO PERSONNEL APPEALS COMMISSION On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the following were approved to be appointed to the Personnel Appeals Commission: 1. Dean Cofer, employee representative 2. Roy McKernan, management representative 3. Darrell Stevens, community representative 4. Neil McCabe, alternate management representative 74-970 APPROVE APPOINTMENTS TO REVENUE SHARING COMMITTEE On motion of Supervisor Madigan, seconded by Supervisor Gilman and unanimously carried, the €ollowing appointments were approved to the Revenue Sharing Committee: 1. J. W. Reinhardt o€ Chico, nominated by Chairman Madigan 2. Dar~alKister of Oroville, nominated by Supervisor Ladd 74-971 DISCUSSION: PROCEDURES ON VIOLATIONS AND CERTIFICATE OF COMPLLANCE Dan Blackstock, County Counsel, brought up the subject of violations and certificates of compliance concerning the lot split ordinance. He said Chere have been several criticisms receivSd regarding violations. The County is implimenting State Law. The question ~as•been haw to determine if a violation has occurred. The violations are reported to the Committee and if the Committee feels that a violation has occurred, then they hold a hearing on the matter. Mr. Blackstock explained how the matters should be handled. He feels that Chese matters take a great deal of investigation. He recommended that there be a person that would be knowledgeable in land value and property and to have a draftsman familiar with doing research in these matters. Page 71. June 25, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Jung 25= X934= _ _ _ _ _ _ _ _ _ _ _ _ - - _ Mr. Blackstock stated that another problem with this ordinance is the amount of time that this committee has to serve in addition to their other duties. It is making for a pretty full day for them. They are going to have to move to the Boardroom on Monday afternoons to hold their meetings. Mr. Lawson stated that when they receive a notice of violation, the major need is for someone to do the investigation. Written guidelines should be prepared in the matter of violations; they need some criteria as to what constitutes a violation. Violations discussed. Mr. Lawson feels that the county needs an investigator to investigate and determine who is in violation. There should be an investigation on all concerned before the notices are sent out. Mr. Mickelson stated that in the proposed budget there is a position o€ investigator proposed. It was agreed that if the County is going to enforce the ordinance, they should have the personnel to do the work. Mr. Castleberry said he feels sympathy for the innocent buyer. The State laws state that if there is a violation, the County should not issue any development permits. It was stated that it would behove the County to ti:3ve an actual, check on the Recorders Office and review each deed that is recorded. The investigator could work with the Assessors office as they check all the deeds. Additional staff should be provided to do the investigation and enforce the ordinance. County Counsel was questioned about cases of violations that are on the books at this time. The case of Frosty Young discussed. Supervisor Gilman suggested that maybe Mr.Mickeison should draw up an organizational chart of the people that are needed to make this matter work. If the County is going to enforce the,.ordi;naace, the County should have the evidence needed. An investigator and draftsman should be used to follow up on this matter. Supervisor Gilman suggested using Bob Ferguson to do the investigations in this matter. He is a licensed investigator and has knowledge of title investigation. Mr. Lawson will see if Mr. Ferguson would like to do this work. Mr. Mickelson will meet with Mr. Castleberry, Mr. Lawson, County Counsel, and the District Attorney and will bring back a report to the Board concerning this matter. Frosty Young case discussed. It was moved by Chairman Madigan, seconded by Supervisor McKillop and unanimously carried, that County Counsel file an action on the Frosty Young case if he does noC comply by next Tuesday. 74-972 APPROVE APPRAISAL ON POSSIBLE LIBRARY $ITE IN DURHAM Supervisor Gilman said there has been talk about moving the Uurham-•li"brary from the Durham Memorial Hall to another site. The Memorial Hall would like the premises vacated. There is another site that is available and it is a goad location for a library. He asked if an appraiser could take a look at the site. On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, approval was granted to have the building in Durham, that has been suggested as a site for the Durham library, appraised. Page 72. June 25, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _June ~5~ ~9~4= _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 74-973 DISCUSSION: REPORT ON MEETING IN BUTTER TO DISCUSS THE TRI-COUNTY JWENILE CAMP Supervisor Cameron reported on the meeting he had attended in Sutter concerning the tri-county juvenile camp. He and Don Nissen, Chief Probation Officer for Butte County, were told that CCCJ had been notified about the intent to establish such a camp. They have already proposed a 168 acre site at a price of around $170,000. The property is near District 10 on Highway 70. It would be a camp for both boys and girls. Supervisor Cameron felt that it makes sense to go along with them in the direction of this tri-county camp. CYA must be notified by July 15th o£ the decision in the matter; the camp will be under the heading of a treatment camp and can be placed under CYA funding. Tri-county camp discussed. No action taken at this tame. 74-974 FLAG POLE AT PALERMO FIRE STATION DECLARED SURPLUS PROPERTY Supervisor McKillop reported that there are two flag poles at the Palermo Fire Station. Playland U.S.A. in Oroville has a need for a flag pole. He requested the Palermo fire station flag .prole be declared surplus. Matter discussed. On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, one of the flag poles at the Palermo Fire Station was declared surplus property and the Purchasing Agent was authorized to dispose of said surplus flag pole. ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 4:40 p.m. to reconvene on Tuesday, July 2, 1974 at 2:00 p.m. ATTEST: CLARK A. NELSON, COUNTY CLERK 1 ~ ~/~~.- ~ By: L.~JC.C hairman of the Board Board of Sup isors Clerk Page 73. June 25, 1974