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HomeMy WebLinkAboutM071376 July !3, 197b STATE OF CAE.IFORNIA ) 5S. COUNTY OF BUTTE ) The Board of Supervisa•smet at 9;00 a.m. pursuant to adEoumment. Present: Supervisors Ladd, Madigan, McKillop, Richter and Chairmaa Cameron. Clif Nickelson, Administrative Officer; Dan 8lackstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Board of 5uperviaora Clerk. Pledge of allegiance to the Flag of the United States of America 76-FIGS APPROVAL OF MINUTES On motion o Supervisor McKillop, seconded by Supervisor Ladd and unamiously carried, the minutes of July 6, 1976 were approved as mailed. '6-1166 COMMUNICATIONS Mr. and Mrs. Vernon McCrady, Chico. The McGradys' write concerning proposed ~~ 3.0 ~ zoning in Butte Creek Canyon and suggesf minimum one acre parcels. Refer study committee and also hold for hearing. Fellows Club of Oroville. The Club, after a vote of its members, go on record recommending the establishment and location of Bidwell Bar Bridge in the s O 0 ~ ~ G area proposed by Department of Water Resources. Discussed; felt that maiatenance should remain with State. No action taken. Mike McClung, Gridley. Mr. McClung writes concerning read problems in and around t1(, f Z , O V the Gridley area. Information; referred to Clay Castleberry, Director T of Public Works. California State Automobile Association. The Association, on behalf of James A. Murphey, submit a claim in the amount of $96.72 as a result of vehicular d d , '?i~ damage involving a Sheriff's vehicle in Chico. See motion following communications. Paradise Cemetery District. The District advises that the terms of Mab®I Steinegger ~ ~ ~ yr's~ and Vera Whetstone expired an July I and ask that they be reappointed to a new four year term. See motion following communications. ©City of Chico. Mayor Stewart writes concerning the question of tax equity for taxpayers ~ p , residing within the City of Chico. Discussed. To be discussed during / Budget Session. George R. Nackos. Mr. Nackos tenders his resignation as Executive Director for the ~ ~ ~ .~3 Butte County Community Action Agency effective July 23, 1976. See motion following communicatiaae. R. A. Mackessy. Mr, Mackessy tenders his resignation as Agricultural Commissioner ~ p 3 , ~ 3 effective September 18, 1976. See motion following communications. ' ~ Adolph B. Siebeneicher. Appeal decision on AP 56-14-27. Hold uatil ! / ?j ,~ the Planning Director ie present. i Page 483. July 13, 1976 --------------July 13,E 1976 _____________ Robert and Joan Gaines Waage, Chico. Request to place mobile home on G y their property at north end of Mariposa Avenue for two years while /~ 3 constructing a home. Read and discussed. Referred to Public Works ,Director far study and recommendation. George N. Arnovick. Writes regarding study to be made of county data processing systems. Would like to know the steps to take to bid on the consulting services pertaining to the problem on hand. Read and discussed. it ~ ~ ~ , ~ b was felt that a study should be made to determine if the County is receiving the proper usage of this sophisticated equipment located at the Data Processing Center. It was suggested that Emst ~ Emst could be requested to make the study. Chairman Cameron appointed Supervisors Ladd and Madigan as committee to meet with Emst 8. Emst to discuss the matter. Mr. Nickelson will also contact the Grand Jury to see if they would like to enter these discussions. 76-1167 REFER CLAIM OF JAMES A. MURPHEY TO COUNTY INSURANCE CARRIER On motion o Supervisor L d, seconded y Supervisor McKi op an unanimously carried, the claim of James A. Murphey in the amount of $96.72 as a result of vehicular damage involving a Sheriff's vehicle in Chico was referred to County's insurance carrier. 76-1168 REJECT CLAIM OF WALLACE B. WARNER On motion o Supervisor rgan, seconded by Supervisor McKillop and unanimously carried, the claim of Wallaee B. Wamer in the amount of $291.90 for property damage was rejected and referred to County Counsel. 76-1169 APPROVE REAPPOINTMENTS TO PARADISE CEMETERY DISTRICT On motion of Supervisor Madigan, secon e y Supervisor Ladd and unanimously carried, Mabel Steinegger and Vera Whetstone were reappointed for new four year terms to the Paradise Cemetery District, commencing July I, 1976. 76-1170 ACCEPT RESIGNATION OF GEORGE R. NACKOS AS EXECUTIVE DIRECTOR OF COMMUNITY ACTION AGENCY On motion o Supervisor digan, seconded by Supervisor Richter and unanimously carried, the resignation of George R. Nackos as Executive Director of the Butte County Community Action Agency was accepted, effective Juiy 23, 1976 and Clif Nickelson was designated as interim director. 76-1171 ACCEPT RESIGNATION OF R. A. MAGKESSY AGRICULTURAL COMM1S510NER On mot ono Superv sor Ki op, second y Supervisor Ma igan an unanimously carried, the resignation of R. A. Mackessy as Agricultural Commissioner of€ective September 18, 1976 was accepted. 76-1172 INFORMATIONAL ITEMS Supervisor isan reported that he has information from the Game Warden that states that there are provisions in the Fish and Game Code that will take care of animal problems, such as the lion in Chico. The problem of wild animals should be taken up with Fish $ Game Commission rather than with the Sheriff. Supervisor Richter stated that he had a telephone call from a constituant Page 4B4. Juiy 13, 1976 ~ n `______ ____ Ju1~13~197b_ _ ____ of Chairman Cameron regarding the throwing of fire crackers from public property. Residents did not receive any response from the Sheriff when they cal led that department; no one would do anything about the problem. Discussed; no oetion taken. RECESS: The Board recessed at 9:30 to go into an executive session fora meet and confer session and to discuss litigation. RECONVENED: 10:25 following an executive session. Chairman Cameron stated they had a short meet and confer session and that there was nothing to report. He reported that the Personnel Director was authorized to recruit for a new E.O. C. Director and to canvass the State For a new Agricultural Commissioner. 76-1173 RECOGNIZE REINSTATEMENT OF COUNTY EMPLOYEE It was move y Supervisor 'c ter, se cone y Supervisor Madigan and unanimously carried, that this Board recognize the reinstatement of the employee fired by the Sheriff and to order the back pay to be paid to this employee. COMMUNITY ACTION AGENCY GOVERNING BOARD 76-I APPROVE WINTERIZATION PROGRAM APPLICATION An app ication for second-round funding for t e Community Services Administration Winterization Program has been prepared. $40,000 is requested which would operate the program from September 1976 to August 1977. Summer youth recreation program contracts have been developed with the City of Gridley in the amount of $1,895 and Feather River Pork and Recreation District in the amount of $790 to operate recreation programs. Supervisor Richter question Mr. Nackos about the grant and how much weather stripping would be done by this program. Programs and how they were operated discussed. On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, the following action was taken: I. Approved application for second-round funding for the Community Services Administration Winterization Program was approved and the Chairman authorized to sign. 2. Approved contracts with City of Gridley and Feather River Park and Recreation District for summer youth recreation program and the Chairman was authorized to sign. 76-1175PUBLIC HEARING: REVENUE SHARING PLANNED USE REPORT T pu is Baring on t e Revenue Sharing p armed use report was held as advertised. Background of the report explained by Clif Mickelson, Administrative Officer. Hearing opened to the public. Appearing: no one. Supervisor Richter comment ad on the planned use of the revenue Page 485. July 13, 1976 n sharing funds. It was his feeling that the Board in the future cannot fund on-going programs. Rsvenue sharing funds wilt be used for one-shot programs. Report discussed. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the revenue sharing planned use report was accepted and authorization was granted to have the report filed. 76-1176 pISCUSSION: AWARD OF BID-REROOFING OF COUNTY BUILDINGS w i or reroo ing o i rary a quarters an Dur am mor+a Hall totaled $19,216.63. Award of bid discussed. Supervisor Ladd said he was surprised that more bids were not received. Discussed cost for said reroofing and whether the work would be worth the cost. Clay Castleberry, Director of Public Works, was requested to bring back a report on the square footage of the buildings to be reroofed. Action on this matter held over until Mr. Castleberry reports back to the Board. 76-1177 AUTWORIZE CHARGE FOR COPIES OF PROPOSED BUDGET n motion o Superv sor Ric ter, secon e y Supervisor Madigan and unanimously carried, a charge of $2.50 was authorized to be charged for copies of the proposed budget. 76-1178 APPROVE ANNUAL AUDIT CONTRACT On motion o Supervisor Ric ter, seconded by Supervisor Madigan and unanimously carried, the annual audit contract was approved between County of Butte and Emst & Emst in the amount of $10,000 and the Chairman was authorized to sign. 7b-1179 APPROVE AGREEMENT WITH KLEINFELDER & ASSOCIATES, SOILS INVESTIGATION AND GEOLOGIC HAZARD STUDY -NEW ADMINISTRATION BLDG. T e Arc +tects recommen t irm o ~K ein a er 8r Associates to per orm a soils investigation and geologic hazard study at the proposed site of the new administration building. Cost not to exceed $2,600 for soils investigation and $b00 for geologic hazard study. Mr. McFerrin present to answer any questions the Board might have. Project explained. On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, the agreement with Kleinfelder & Associates was approved and the Chairman authorized to sign. 76-1180 APPROVE CONNERLY & ASSOCIATES CLAIM reparat+on an + +ng o t e opp +cation for Housing and Community Development Act funds has been completed by Connerly & Associates. Pursuant to County wntroct, a claim has been fi{ed for $2,500. On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, the claim of Connerly & Associates in the amount of $2,500 was approved and the Auditor was authorized to make payment. Page 48b. July 13, 1976 ~• _. ~• -----------===~~13~1~6===---_--- ---- 76-1181 DISCUSSION: CCCJ GRANT APPLICATION-COURT WORK REFERRAL PROGRAM The Municipa and Justice Courts have deve oped a pl of program ere y defendants would do public service work in lieu of spending time in jail. Total cost of project ~Ib,b67, county share $833. Project discussed. Costs of insurance and compensation liability insurance discussed. Supervisor Richter said he would like to know more about this program prior to voting on it. Matter put over one week. 76-1182 APPROVE PUNCTURE VINE CONTRACT T e annua puncture vine contract with the State Department of Transportaatlon for the spraying of highways has been Prepared in the amount of $4,500. On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, the puncture vine contract with the State Department of Transportation was approved and the Chairman authorized to sign. 76-1163 MENTAL HEALTH DEPT. OF HEALTH SERVICES DESIGNATED AS AGENCY TO ADMINISTER THE COUNTY ALCOHOLISM PROGRAM. T e State requires t at t e Board of Supervisors designate a county agency or department which shall administer the County Alcoholism Program. On motion of Supervisor Ladd, seconded by Supervisor Richter and unanimously carried, the Mental Health Department of tha Deportment of Health Services was designated as the agency that shall administer the County Alcoholism Program. 76-1184 APPROVE PSYCHIATRIC CONSULTATIVE SERVICES CONTRACT A contract wit Ca ifornia State University, C ico, as en developed to cover apsychiatria consultative services performed by the Mental Health Department to the staff of the University Sivden# Health Services and Counseling Center. Contract is in the amount of $15,050. On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, the contract with California State University, Chico, to cover a psychiatric consultative services was approved and the Chairman authorized to sign. 7b-1185 APPROVE CERTIFICATE OF COUNTY CLERK TO RESULT OF THE CANVASS OF THE PRIMARY ELECTION ,TUNE 8, 1976 On motion of Supervisor Ric ter, seconded by Supervisor Madigan and unanimously carried, the following statement of votes cast at the primary Election June 8, 1976 was accepted: CERTIFICATE OF COUNTY CLERK TO RESULT OF THE CANVASS OF THE PRIMARY ELECTION JUNE 8, 1976 STATE OF CALIFORNIA } ss COUNTY OF BUTTE ) I, Clark A. Nelson, County Clerk of said County, do hereby certify that, in Page 487. July 13, 1976 T` _. ~ - ______________ h'=IY13~1976 =_____________--__-- pursuant to the provision of Section 18466 and 18467 of the Election Code and of the resolution of the Board of Supervisors of said County, heretofore adopted and entered upon the minutes of said Board, I did canvass the returns of the votes cast in the First and Third Assembly Districts in said County, at the primary Election held on June 8, 1976 for elective public offices and for and against each measure submitted to the vote of the voters, and that the whole number of votes cast in said Assembly District in said County and the whole number of votes cast for each candidate and for and against each measure in said Assembly Districts in said County and in each of the respective precincts therein, and that the totals of the respective columns and the totals as shown for each candidate and for mnd against each meawre are full, true and correct. WITNESS my hand of the Official Seal of my office this 6th day of July, 197b CLARIC A. NELSON, COUNTY CLERK By: /s/Eleanor M. Becker (SEAL ) Eleanor M. Becker Assistant Registrar of Voters 7b-1186 AUTHORIZE ACKNOWLI:DGMEN7 OF PETITION FOR HUMBOLDT ROAD PROJECT 8 AUTHORIZE PURCHASING DEPT, TO CALL FOR B1D5 FOR FURNISHING, DELIVERING, AND SPREADING B915E ROCK ON HUMBOLDT, HAMILTON-NO RD-CANA, ETC. .....................r.... ..,.. "...,., ,,,..,..,.,.- ..r unanimously carried, the following action was taken; I. Authorized acknowledgenent of petition asking for work on Humboldt Road project, and accepted offers of permission to drain storm drains at three locations on east side of 1-lumboldt Road. 2. Authorized Purchasing Department to call for bids for furnishing, delivering, and spreading base rock on Humboldt, Hamilton-Nord-Cana, Rockerfeller and Ahart Roads. 76-1187 AUTHORIZE REFUND OF APPLICATION FEE: CERTIFICATE OF COMPLIANCE- HOSLERTRACT SeveralTetters of compliance were filed for and granted at $100 per application. Committee has made blanket certificate of compliance for all parcels fronting on substandard right of way. Public Works suggests the Board consider whether last applicant before blanket compliance be refunded his fee. Suggestion discussed. On motion of Supervisor McKillop, seconded by Supervisor Richter and unanimously carried, refund of application fee of $100 for the lost applicant 6e fore the blanket compliance was authorized. 76-11$8 CENTER STREET-0NE-FOOT STRIP CROSSING: APPROVE REQUEST App scant a s reconsi eration o paving u engt rom Center Street to Ripley and only provide all-weather traversable access for westerly portion beyond the proposed apartment development with the Installation of a witable barrier which could be overcome in case of fire or emergency. Request discussed. On notion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, request of applicant to only provide all-weather traversable access for westerly portion of Center Street-to Ripley was approved, beyond the Page 488. July 13, 1976 ~. ~. _____________==Julyl3~ 1976 --_________________ proposed apartment development with the installation of a suitable barcisr which could be overcome in case of fire or emergency as set out by Public Works Director. 76-1189 APPROVE COOPERATIVE AGREEMENT WITH U. S. FOREST u. s. roresr service cooperative agreement for the shared replacement cost of a five ton loan limited bridge at Butte Creek on the upper Humbug mad discussed. hAr. Castleberry stated that this bridge had been built about 70 years ago U. S. Forest Service will contribute $25,000 to relwild the bridge to hold dOtons. Agreement discussed. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the U. S. Forest Service cooperative agreement was approved and the Chairman authorized to sign, with the understanding that this work will not cost more than the $25,000 to be contributed by U.S. Forest Service. 76-1190 APPROVE REAPPOINTMENT OF BUILDING CODE BOARD OF APPEALS is Wor s suggested t at t e present Bui ding C e Apps: a s Board be reappointed with half of them being appointed for four years and half for two years to give continuity to the process. Reappointments discussed. On motion of Supervisor Madigan, seconded by Supervisor Ladd and unanimously carried, the Building Code Board of Appeals members were reappointed, half of them being appointed for four years and half for two years, said members being as follows; L. G. Chrysler, Jr. Can Cook Ron Graves Loyd Franklin Wilbur Mills Dorrance Hershberger Gilbert H. Bowles 76-1191 APPROVE gDJUSTMENT OF CHANGE ORDER ~ TIME, PARARISE LIBRARY Adjustment of change order and time recommendation y Pu is Wo s Director and engineer discussed. Change order and time discussed. Mr. Cook mode a re-evaluation and stated that the contractor would have justification for the 12-clays extension of time. On motion of Supervisor Ladd, seconded by Supervisor Richter and unanimously carried, the final adjusting change order {revised) for the Paradise Library was approved in the amount of X1,283.00 and the chairman was authorized to sign; extension of time of 12-days granted. and the Auditor was authorized to make the above payment on these items. 76-1192 ACCEPT WORK ON ROSEBEN AVENUE CURBS, GUTTERS 8. SIDEWALKS: AUTHORIZE FILING OF NOTICE OF COMPLETION On motion o Supervisor La d, secon e y Supervisor Madigan and unanimously carried, th a work of E. F. Sylva 8. B. C. Richter Construction Co. for the placing of curb, gutter, sidewalk and drainage facilities on Raseben Avenue from Fart Wayne Street to "D "Street was accepted, Chairman authorized to sign .the Notice of Completion and the Clerk directed to record said Notice of Completion with the County Recorder. page qgq. r Ju I y 13, 1976 r~ r""1 July 13~ 1975 _______________ _ -F======~=________~~~ 76-1193 APPROVE AGREEMENTS FOR SALE: RIGH'FOF~INAY ACQUISITIONS vn mor+on or aupervlsor MGKlllop, seconded by Supervisor Madigan and unanimously carried, the following agreements for sale for righirofway acquisitions were approved, Chairman authorized to sign and Auditor authorized to issue warrant upon demand of County's escrow agent; Oroville-Quincy Hwy. Peter R. Hardell 2.496 $1,873 -0- $1,873 27561-75-I, FAS 104b(3) Lower Honcut libad James S. Johnson 4.878 $ 878 -0- $ 87$ 04452-75-! 75-1194 APPROVE KELLY RIDGE UNIT 3, FINAL MAP On motion o Supervisor L ,seconded by Supervisor McKillop and unanimously carried, the Kelly Ridge Unit 3 final map was approved and improvements accepted, one-year maintenance bond accepted and to commence, subject to County of Butte letter concerning certain required corrective meawres with signed agreements from Robinson Construction Company and Southern Calikmia Financial Corporation. 76-1195 ADOPT RESOLUTION 76-120 SETTING TIME ON AGENDA FOR PERSONS TO APPEAR AND BE HEARD PRIOR TO ADOPTING RESOLUTION OF NECE551TY PURSUANT TO SECTION 1249.235 CALIFORNIA CODE OF CIVIL PROCEDURE (EMINENT DOMAIN) Assam y Bi -eminent domain aw. Pu is Wor s requests a set time on t e agenda be established for persons to appear and be heard prior to adopting a resolution of necessity pursuant to Section 1245.235 California Code of Civil Procedure. Anew State law sets up a procedure that requires the County to give the person a hearing if property is ro be obtained under the eminent domain law. On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, Resolution 76-120 setting the time as 11:00 a.m. for persons to appear and be heard was adapted and the Chairman authorized to sign. 76-1196 AUTHORIZE ESTABLISHMENT OF PETTY CASH FUND: PUBLIC WORKS vn monon or supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, establishment of petty cash fund in the amount of $20 to cover selling of Xerox copies and inundation mops was authorized. 75-1197 ADOPT RESOLUTION 75-121 pECLARING THROUGH HIGHWAY {HUMBOLDT ROAD) On motion a Supervisor Mc Ki op, secon e y Supervisor Lad an unanimously corried, Resolution 76-121 declaring through highway (Humboldt Read at Bull Hil[ Road) was adopted and the Chairman was authorized to sign. 76-1198 INFORMATION AND DISCUSSION ITEMS ay Caste arty, Director o Pu is Works, reported on the petition regarding speed limit on Humboldt Road. No action taken. Mr. Castleberry reported on the building activity stating that they have $18,000,000 for new buildings in six months. Parking at Public Works Department discussed. Humbug Read will be oiled up by Chapperal and Philbert The work ill be done on$a turda as there w~l be •no big trucks going on tat day to fear, up tie work as it is being done. age 490. ,July 13, 1976 ~''` f`,. ______________~ulX,l~~1~76=====_______=====z== 76-1199 ACCEPT WORK WITHIN CLARK ROAD ASSESSMENT DISTRICT NO. NOTICE OF COMPLETION AUTHORIZED On motion o Supervisor Ric ter, seconded by Supervisor McKllop and unanimously carried, the work of R. C. Collet#, Inc. for the construction of Portland cement concrete curbs and gutters within Clark Road Assessment District No. I was accepted, Chairman was authorized to sign the Notice of Completion and the Clerk was instructed to record said Notice of Completion with the County Recorder. 76-1200 APPROVE PLANS & SPECS FOR HUMBOLDT ROAD BRIDGE On motion o Supervisor Ma igan, secon ed y Supervisor Richter and unanimously carried, the plans and specifications for Humboldt Road bridge were approved, with bid opening set for August 5, 1976 at public Works office. 76-1201 APPEARANCE: JAMES HANSEN OROVILLE James Hansen, Orovi e, said it was not often he could appear before the Board and thank them for something they did right. He was referring to the construction of the Feather River Opportunity Center. The Taxpayers should be thanked for their part in the building of this Center. Mr. Hansen said that a short time ago an Oil Company had made a oil search in the County. He was told that the work was done and another Company is here doing similar work. These companies do not tell the County what has happened to their research. They do the soundings on the rightrof-ways. 76-1202 COLLECTION OF PROBATION ACCOUNTS AND ITS RELATIONSHIP TO CHILD SUPPORT ENFORCEMENT Dan B ac stae ,County Counsel, reported on the collection of probation accounts and its relationship to Child Support enforcement, In 1963 the Board of Supervisors had switched these accounts to the Hospital for collection. In 1971, the departments affected entered into a letter aF understanding far the collection of the accounts. Last April these accounts were switched to the Child Support Agency. Mr. Blackstock recommended that the Board accept the procedure set forth in Mr. Rvbinson's letter, and that the total responsibility of keeping account of these accounts be placed In the Child Support Agency of the District Attorney's office. On motion of Supervisor Richter, seconded bySupervisor McKillop and unanimously carried, the ;recommendation of County Counsel to accept the procedure for collection of the accounts be placed in the Child Support Agency of the District Attorney's Office, was approved. 76-1203 ADOPT RESOLUTION 76-122 ORDERING CONSOLIDATION OF SCHOOL pISTRlCT ELECTION WITH GENERAL ELECTION OF 'NOVEMBER 2, 1976 On motion of Supervisor McKillop, seconded 6y Supervisor -Ladd and unanimously carried, Resolvtian 76-122 consolidation of School District (Yuba Community Col with General election of November 2, 1976 was adopted and the Chairman authorized to sign. ' Page 491. Ju I y 13, 1976 r'` ('~ _- _______---_=====JsIY 13_, 1976=====______.~_____-- 76-1204 ORDINANCE FOR SETTING ASSESSMENT RATES ON COUNTY SERVICE AREA NO. 13: PUT OVER O NE WEEK The ordinance for setting assessment rates on County Service Area No. 13 was put over one week at the request of County Counsel. 76-1205 APPOINTMENT OF MEMBER TO SUBSTANCE ABUSE ADVISORY COMMITTEE On motion o pervisor igan, secon e y Supervisor Mcl<i op an unanimously carried, Robert Jenkins, Lilac "Lane, Chico, was appointed as a member of the Substance Abuse Advisory Committee. 76-1206_LNFORMATION 8. DISCUSSION ITEMS Clif Nickelson, A mmrstrative O icer, stated he would like to discuss the matter of budget review. On Tuesday, July 20, 1976 the Board will open the Budget reviews and will then continue the hearings to Wednesday, July 21. The Board could discuss the budget at 1:30 or 2:00. Hearing will be continued to July 21, 1976 at 1;30 p.m., at which time the County Auditor will explain the revenue for the budget. Chairman Cameron stated he had received notification of a hearing on seepage utilization along Sacramento River. Supervisor Madigan will attend the meeting. Discussed the request of a person who would like to discuss an item about Welfare. Mr. Nickelson to inform him that he could be heard next Tuesday at lI:00 a.m. Chairman Cameron commented on the communication from County Supervisors Association regarding the Swine Flu Immunization Program. Liability has been cleared. Supervisor Ladd stated he had a letter from the Subdivision Committee about the Peters map. They have suggested that the Board may hove fowled up the design. A rightrof-way runs through the property. The owners are claiming that the rightrof-way divides their property. County Counsel will fook at the map and make a recommendation to the Boord. RECESS: The Board recessed at 11:30 a.m. to reconvene at 1:30 p.m. RECONVENED: 1:30 p.m. All Board members present. 76-1207 ADOLPH SIEBENEICHER-APPEAL DECISION ON PARCEL MAP AP 56-14-27 o p Sie Welt er wr tes to appea a ecision o t e P anning Commissior Jim Lawson, Planning Director, requested to look into the matter and report back to the Board as to the type appeal that is referred to in Mr. Siebeneicher's letter. 76-1208 PUBLIC HEARING: RODNEY WORTHINGTON-APPEAL OF SUBDIVISION COMMiTTE'S DETERMINATION TO FILE NOTICES OF VIOLATION T e cant nue pu is earang o Ro ney ort mgton's appeal of the Subdivision Committee's determination to file Notices of Violation on property located on the west side of Maxwell Drive, south of Greenwood Drive, Paradise, identified as AP 53-03-40, 41 8, 42 was held at this time. This matter had been continued from the meeting of May IB, 1976. Betty Blair, PlanningpDa~a~~r~ent, asked that this hearing be continued T' July 13, 1976 ~ ~, _______________-htl~'J~r_IQ?~-~__~"~~~_____--___ for at least two months. Hearing continued to September 14, 1976 at 1:30 p.m. 76-1209 APPOINTMENT TO THE PLANNING COMMISSION On motion of Supervisor McKi op, seconded y Supervisor Richter and unanimously carried, the appointment of Raou! LeCler'e as the City of Oroville's representative on the Planning Commission was ratified and approved. 76-1210 ADOLPH SIEBENEICHER-APPEAL DECISION, USE PERMIT ON PARCEL MAP Mr. Lawson reported c to a ar on t o matter a t e Ado p Siebeneicher appeal. The appeal is on a use permit that had been denied. It is timely filed. Public hearing for the appeal of Adolph Siebeneicher set for August 10, 1976 at 1;30 p.m. The Cierk is to notify Mr. Siebeneicher of the time set for the hearing. 76-1211 DISCUSSION: PROPOSED SUBDIVISION ORDINANCE HEARING T eating or f e propose Su ivision Ordinance is set for July 21, 1976 after BCAG meeting. EXECUTIVE SESSION. The Board recessed at 1:40 to hold an executive session. RECONVENED: The Board reconvened a~ 2:00 p.m. following the executive session. Chairman stated there was nothing to report at this time. 76-1212 PUBLEC HEARING: PHILIP R. La GROW & JOHN G. SCHLiEPER-APPEAL OF PLANNING COMMISSION'S DfNIAL OF REZONING FROM "A-2"(GENERAL) TO "R-3" (MEDIUM DENSITY RESIDENTIAL) PROPERTY pu is aring on t e P i ip R. LnGraw and John G. Schlieper appeal of Planning Commission's denial of rezoning from "A-2" (General) to "R-3" (medium density residential} property approximately 330 feet west of Norseman Avenue, approximately 660 feet north of Lassen Avenue, containing 1.8 acres, more or less, Chico, was held as advertised. Jim Lawson stated that the area around the property consists of man y types of zoning. There is a mobile home park, on apartment complex, R-3 zoning, R-I zoning and Agricultural zoning. Hearing opened to the public. Appearing: Philip R. LaGrow and John G. Schlieper. The two property owners would like to have Fhair property zoned R-3. They related the Planning Commission was concerned about the traffic problems if their property was rezoned. The owners are interested in either selling their property or developing the property. They are not sure what they want to do with the land as yet. Supervisor Richter brought up the possibility of forming an assessment district on Norseman Avenue to help with the traffic problems. Page 493. July 13, 1976 n ~ _. _____________=1u1,'-~c~~==---_~~~~~_~-~__--_ He could not see authorizing the rezoning with the traffic problem on Norseman Avenue. Supervisor McKillop was concemed about the enhancing of the value of the property by rezoning. Hearing closed to the public and confined to the Board. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the appeal was denied without prejudice and the Planning Commission was requested to look at the rezoning of the whole area. A map was entered into evidence and marked Exhibit A. 7b-12I3 AWARD OF BID: REROOFING OF COUNTY BUILDINGS On motion o Supervisor McKi op, sewn y Supervisor Richter and unanimously carried, the bid for reroofing of County buildings was awarded to Meyers t~ofing Company in the amount of X19,216.63. (Library Headquarters and Durham Memorial Hall). EXECUTIVE SESSION: The Board recessed at 2:35 to go into an executive session. RECONVENED: The Board reconvened at 2;50 following an executive session. The session concemed an employee, but there is nothing to report at this time. 76-1214 PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION-CODIFICATION OF ALL EXISTING BUTTE COUNTY ZONING ORDINANCES INTO CHAPTER 24 OF THE BUTTE COUNTY CODE, WITH ADDITIONS AND SUBSTANTIVE.CHANGES CONTINUED FROM 6/29/76 T e continuation o t e hearing of the codification of all existing zoning ordinances into Chapter 24 of the Butte County Code, with additions and substantive changes, was held at this time. Dan Blackstock wanted the subject of the Board of Zoning Adjustments brought back for reconsideration. He hoped that the Board would also put use permits into the $oard of Zoning Adjustments. He stated that the Planning Commission is spending a great deal of time on use permits and thot they should act as a Planning Commission instead of a zoning board. The Board of Zoning Adjustments would have very few variances. Supervisor Richter stated that the County should go back to the concept previously held, for an appeal to go to the Planning Commission and then to the Board. Mr. Blackstock said that the only difference is that three Planning Commissioners would 6e hearing this instead of the full nine members. Supervisor Cameron stilted that the Planning Commission has to be kept abreast of what is happening and bring them up to date. Supervisor McKillop felt that it would take a great deal of time to go through with this procedure. Page 494. July 13, 197b t"'` r'1 . ~~ On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, it was authorized to change back with some alterations to the Board of Zoning Adjustments whereby if a use permit or variance is denied, the applicant would have the right of first appealing to the Planning Commission, and if denied 6y the Planning Commission, then it could also be appealed to the Board of Supervisors. ..-~•• Violations were discussed. The way in which to handle violations set out and discussed. Statue of limitations was also discussed. Additions and corrections of some of the definitions set out and explained. Mr. Blackstock would like to get this back to the Board in two weeks f time, with the changes included in the final ordinance. He would like to refer the codification to the Planning Commission for study and report. Final action weu Id be presented to the Board within the month. Publication of this ordinance will ' be expansive, stated Mr. Blackstock. 76-12(5 d1M1ATTERS PRESENTED BY BOARD MEMBERS Supervisor Egan state i at t ere were two matters that should be put on the agenda for next week. I. Ernst & Ernst shauld be contact to see if they would consider the project regarding the study of county data processing systems. - 2. A "No Strike "Ordinance should be presented for review and possibly put on the ballot for November. Mr. Blackstock is #o prepare a Charter provision . ADJOURNMENT: -. T ere eing nothing further before the Board at this time, the meeting was adjourned at 4:40 to reconvene on Tuesday, July 20, 1476 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK C ~ f • BY~ G airman o t Boar C er o t e Bo r o Supervisors Page 495. July 13, 1976