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HomeMy WebLinkAboutM092876~• September 28, 1976 STATE OF C.4Li>=O~iNIA ) SS, COUNTY OF BUTTE ) The Board of Supervisors met at 9;00 a.m. pursuant to adjournment. Present: Supervisors Ladd, Madigan, McKillop, Richter and Chairman Cameron. Clif Mickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Clerk of the Board of Supervisors. Pledge of allegiance to the Flag of the United State of America 616APPROVAL OF MINUTES On motion of Supervisor McKiElop, seconded 6y Supervisor Ladd and unanimously carried, the minutes of September 21, [976 were approved as mailed. 7~6-1617 COMMUNICATIONS Butte Ta ow Co,, Inc. T e Company writes indicating that they will be unable to attend / ~~ ~ the hearing for October 12 and request that the hearing be continued until October 19, at 2:00 p.m, Clerk to inform writer that the hearing will be opened on October 12th and continued to October 19 at 10;30 a.m. Bachman Engineering, Chico. The Engineers, on behalf of Dean Grissom, appeal the r ~ 3 .~ ~ Planning Commission's determination requiring an EIR for the Peacock View Estates land division. Set for hearing on October 19, 1976 at 11:00 a.m. North Burbank Public Utility District. The District sends notification that they have appointed Richard Nysteun to fill a vacancy on the Board of Directors of the District until the / Od . ~ next general election, Information. Butte County Board of Education. The Board of Education asks that the County withhold considering fiscal independence for the Superintendent of Schools. Duane Powers 0 ~' G t3 spoke regarding this matter. It would be up to Board to bring up at a later date for discussion. No action taken at this time. Claim filed by A. John Merlo. Claim of Lee Sievers, California Community Development, Inc., dba Lime Saddle Marina, Claimant, vs. Cal ifornia Department of Water Resources. f s 0 b~ Discussed. County Counsel stated the County was not referred to in the claim; no action taken. Billy M. Chisum, Director of Community Involvement. Introduces Official Representatives of `, b , C I Board of Directors of California State University, Chico, Sue Thorne and Greg Chidlaw. Chairman Cameron acknowledged the presence of the two representatives, Donna L. Winslow. Writes requesting that he be reimbursed $50.00 for his application of a variance for TM5 in the Butte Creek Canyon for three acres. F!e was told that the ~ ~ OV variance was denied because County Counsel stated it would be illegal to grant the variance for 3 acres. Request discussed. The applicant had been ill informed. It was felt that the fee should be charged if time was consumed on the application, Mr. Lawson will be questioned about this request, after which a determination will be made on the request. Page 183. September 28, 1976 ~._ ,~., ____----==--=======-Se,~temF~.et28~1971z=====___________ ~ Z.o ~ John W. Walter and James T. Manley. Write regarding drainage problem on Hickory Way, Paradise. To be discussed later in the meeting. Mendel B. Tochtermon, Writes regarding group calling itself the "Bidwell Wildlife Rehabilitation y p, dt7 Center"and the request for funds available through Fish and Game. Read and discussed. To be discussed Eater in the meeting. Dept. of Housing and Urban Development by Joseph J. Lavender. Cost of surveys and ' Z Z . O engineering design services necessary for the instollation of curbs, gutters and sidewalks , Jerry Lively explained the letter. A letter has been prepared far the Chairman's signature in answer to this letter. ~ ~ 4 ~ G Governor's Office. Governor's General Election Proclamation. Referred to Election Department. Mrs. C. L. Harris, Valley View Drive, Paradise. Writes regarding the request of Mr, Mel f Sao /•o~ for a building permit. To be discussed at the time Public Works Director is present. Chet A. Radford, dbn Gen Neon Signs. Appeal of denial of use permit for Century 21 ~/3 p p Realty sign, 5848 Skyway , Paradise. Administrative Officer to determine if letter was timely filed, and if so, then a hearing will be set on the appeal. Summons and Complaint. James W. Hansen vs Butte County, Kenneth Leach, William Lawrence, ~ pp, Z. Carl Morton, Douglas Cunningham, Gray Davis, et al. Referred to County Counsel, 76 1618 APPROVE RIGHT OF WAY ACQUISITION AGREEMENTS FOR SALE On motion of Supervisor Madigan, seconded y Supervisor Richter and carried, agreement for safe approved, Chairman authorized to sign and Auditor authorized to issue warrant upon demand of County's escrow agent for following: Bald Rock Read 44605-71-I S. Anderson 0.068 Ac. $105 No Impr. $105 Supervisor Ladd abstained from vofiing. 76 1619 APPROVE JUVENILE HALL INSPECTOR CONTRACT EXTENSION AS INDEPENDENT CONTR.CT, On motion o Supervisor McKi op, seconded y Supervisor Madigan and unanimous y carried, the Board approved the Juvenile Hall inspector contract extension for two months from September Ib through November 15, 1976, and reaffirmed that he was a contractor's employee, not a county employee. The Board stated they would walk through Juvenile Hall next Tuesday at 11:30 with Mr. Castleberry, prior to the noon break for a final inspection of the new building. 76~-1620 APPROVE NOTICE OF COMPLETION: EAST 8th ST. ~.MANZANfTA AVE. On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, the work of Robinson Construction Co., Inc, for the reconstruction of East 8th Street from Forest Avenue to Centennial Avenue and Manzanita Avenue from 700 feet west of Cactus ~ Avenue to East Avenue, Chico, was accepted, Chairman authorized to sign the Notice of Completion and the Clerk was instructed to record said Notice of Completion. 621 APPROVE PLANS ~ SP£CS. BRUCE ROAD RELOCATION SKYWAY TO BRUCE ROAD PROJ. On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, plans and specifications for Bruce Road relocation, Skyway to Bruce Read Project No. 51263-76-I were approved; Chairman and Director of Public Works authorized to sign plans; wage scale adopted and bid opening set at II a.m. , P.W. office, October 21, 1976, 76~-1622 ADOPT ORDINANCE 1758, ESTABLISHING SPEED LIMIT OF 35 MPH ON LA PO RTE ROAD On motion of Supervisor Ladd, seconded y Supervisor McKi op and unanimously carried, second reading of ordinance establishing speed Ilmit of 35 mph on La Porte Road was waived, Ordinance 1758 adopted and the Chairman authorized to sign. Page [84. September 28, 1976 /". ~ 5e~tember 28J 1976 ________.._~----___ ___- T~~~~________________ 1623 DISCUSSION: SUNLAND ACRES UNIT I, 17 LOTS WEST OF HICKORY ST., PARADISE Bac ground of Sun and Acres Unit , 7 ots west of Hic ory St., Paradise and drainage problem set out by Clay Castleberry, Director of Public Works. He stated that no easements had been provided for the crel'k. Mr. Castleberry stated that Mr. Manley does have a problem. One of Public Wanks foremen met with Mr. Manley this morning. If Mr. Manley will give his approval, the County could go an his property and make some minor mainienance to the creek. Mr. Castleberry suggested that the Board give approval to Public Works to go an Mr. Manley's property and do some maintenance work fo the creek. If the County cleans the creek out, this would take care of the flow of water. Liability discussed. If Mr. Manley and lVir. Walters would give the county a letter to go on the property and state they would hold the County harmless for drainage of the water in the area, the County could do the work to the creek as indicated. Dan Blackstock, County Counsel, will report back to the Board on this matter later in the day; no action taken at this time. 624 AWARD OF BID; BAGGETT MARYSVILLE ROAD PROJECT 21461-76-) C ay Gast a erry, Director of is Wo s, gave a resume of t e bids received for the Baggett Marysville Road project. He stated that a transfer of funds would have to be authorized if the bid was awarded For the project. On motion of Supervisor McKillop, seconded by Supervisor Richter and unanimousl y carried, award of bid for the Baggett Marysville Road Project was awarded to Robinson Construction Company, the low bidder, in the amount of ~IOi,534.50, Chairman authorized to sign the contract, and transfer of funds was authorized as follows; 5,000, W. O. 6736, Baggett-Marysville fl ,000, W. O. 5170 ldaseben 6,000 ; .<doad Reserve 625 PRICE SET FOR SALE OF SUBDIVISION ORDINANCE Mr. ast a rry reporte oft cost or printing the new subdivision ordinance was .75 per copy. Direction for sale of these ordinances requested. On motion of Supervisor MclCillop, seconded by Supervisor Madigan and unanimously carried, ~I.00 was set as price per copy of the new Subdivision Ordinance. 526 DISCUSSION: BUILDING PERMIT FOR MELF PROPERTY OFF VALLEY VIEW DRIVE Chairman Camerori stated t at 1t was is un erstanding t at t ui ding permit For Mr. Melf would not be acted upon for two weeks. The memo from Mr. Castleberry stares that a building permit was issued to Mr. Melf on Friday, September 24, 1976. County CounseE gad instructed Public Works to issue the permit. Mr. Castleberry stated he had verified that Mr. Melf had a 20' access to his Dan Blackstock, County Counsel, stated that he had received a letter from the le company that reflects that the County does not have clear title to Valley View Drive. i stated that the Building Cade is an administerial function and operated under the law. Page 185. September 28, 1976 r..., ~"~ -__..._____________ SepteCb~r28~ 1976=====_---________ Mr. Meif has an access to Valley View Drive and to Crestmoor. Further discussion delayed at this time. 76-1627 MANPOWERADMINISTRATION-APPROVE GRANT MODIFICATION TO TITLE VI GRANT AND APPROVE GRANT MODIFICATION TO TITLE II Department o r as m icate tat Prime Sponsors are to submit amendment to the Title V1 grant extending the grant for the period 4/30/`!6 through 12/31/!6. In anticipation of the FY 77 Brant funding, Deportment of Labor has requested a grout modification to Title II in the amount of $243,315. This amount in addition to the carryover money will permit the extension of the county PSE positions through the Fiscal year. On motion of SupervisorRichter, seconded by Supervisor McKillop and unanimously carried, the folldwing action was taken: I. Approved the grout modification amendment to the Title VI grant and authorized the Manpower Director to sign. 2. Approved the grout modification to Title I I in the amount of $243,315 and authorized the Manpower Director to sign. 76-1628 APPROVE AGREEMENT WITH FIRST UNITED METHODIST CHURCH-HEADSTART PROGRAM agreement as en prepare w +c wou a ow t e Hea start Program to use c ass rooms and playground at the First United Methodist Church at Oroville from October I through .June 3, 1977 of a total cost of $2,800. On motion of Supervisor Richter, seconded by Supervisor McKillop and unanimously carried, agreement with First United Methodist Church was approved and the Chairman authorized to sign. 76-l629 DISCUSSION: MELF BUILDING PERMIT ON VALLEY VIEW DRIVE: INTENT TO FORM A55ESSMENT DISTRICT Furt er time was spent iscussing t issuance of the Melf building permit on Valley View Drive. There is a 20' and a 60' easement that would provide access for this parcel. It was felt that some action should be taken regarding the situation . The statement was made that this is a high Fire-danger area. Mr. Castleberry set out the status of the Hoard's settlement of the law suit in this area. Aright-of-woy through the Fisci property was required. Abst of the I' strips were dedicated to the County. The construction of the comer is 90°lo complete. Ak. Castleberry said he would recommend that no further development be allowed in the area until a paved access is provided to the area. He would also like direction to other existing parcels in the area. Supervisor Madigan asked County Counsel why the results of the law suit was nat recorded. It was felt that the Board members should have time to read Mrs. Harris's page 186. September Z8, 1976 ~"* .~ letter and then place the matter bock on the agenda. Mrs. Harris staled that Mr. Castleberry had said that mast of the one-foot strips hove been dedicated to fihe County; they hove not been so dedicated. She said that if the Board did not revoke the building permit iswed to Mr. Melf today, then the County might be in hot water. Don Blackstock, County Counsel, stated he tould prepare an amendment to Chapter 26 wi#h regards to the iswance of building permits. Mrs. Harris said she did not see why the Board did not have the power to revoke the building permit issued to Mr. Melf. Valley View Drive area discussed. The street itselF is not wide enough to carry proper fire protection equipment through. It was suggested that the Board could form an assessment District for that area. A moratorium could be placed on building in the area. Mr. Castleberry said he had a general boundary plan for an assessment district; the Board might direct him to prepare smaller boundaries. An engineer could present preliminary proposals to the Board for the formation of an assessment district. Supervisor Madigan suggested that Mr. McCain could up-date the plans prepared in 1972. The Board requested that Mr. McCain appear before the Board next week with proposal for formation of an assessment district for the area. 76-Ib30 DISCUSSION OF SACRAMENTO RIVER HANK PROTECTION: CANCELLED piscussion and appearance of Pete Peterson roperty owner) and Pau Clifton (State I~clamotion Board) for discussion of Sacramento River bank protection cancelled at this time. 76-1631 APPEARANCE: WALTER GUSHER AMERICAN INSTITUTE-JUVENILE HALL REPORT Wa ter Bus er, American Institure, present to answer questions concerning recently completed Juvenile Hail Report as requested by the Board. Supervisor Richter questioned Mr. Busher about references in the report that might became law. The Governo-. ~ did sign the two bildsirinto (aw. ,Juveniles on a second offense can not be placed in Juvenile Hall. Status offenders cannot be placed in ~ Juvenile Hall. AB 3121 was signed by the Governor and will go into effect January I, 1977. Mr. Busher stated he has not studied the bill. All 601s will have to be kept outside Juvenile Hail. Census at juvenile hall discussed. Some of the b01s might not be defined as 602s. Supervisor McKillop said he was under the opinion tha# b01s were being diverted. Core of b01s discussed. The report statdd that the Hall did not appear to 6e feasible for use as a treatment center. Mr. Busher stated that the report was written under the present laws. The opinion and objection of the use of the facility as a residential treatment center explained. It was suggested that there, be a faint meeting of the Juvenile Justice Page 187. September 28, 1976 f"'~ n ------------====Se~temhe~2$t19Z~~_-=________--____ Committee and the Mental Health Advisory Committee to discuss the effects of AB 3[21. It was moved by Supervisor Richter, seconded by Supervisor Madigan and carried that the Juvenile Justice Commission and the Mental Health Advisory Committee meet and discuss the effects of AB 3121. AYES: Supervisors Madigan, McKillop,~ Richter and Chairman Cameron NOES: Supervisor Ladd Don Nissen, Senior Probation Officer, spoke concerning this matter. He said he had no knowledge that the Juvenile Justice Commission had been asked En the past to meet with the Mental Health Advisory Committee. He said there has been some preliminary discussions with the Department of Mental Hygene in reference to AB 3121 and fihat there will be some additional discussions in that area. He assured the Board that the Juvenile Justice Commission would be happ<r to meet with the Mental Health Advisory Board. Administrative Officer will write letters setting up the meeting between Juvenile Justice Commission and the Mental Health Advisory Boanf. RECESS: 10:40 RECONVENED: 10:55 76-1632 .AP.PROVE~AT~IENDMENT TO <KENMAf2:~RE5IDENTIAL HOME:S+ I:NC. OPERATING CONTRACT A contract amendment has been prepared to provide continuing educational and vocational skills program from Chico Unified School District at a cost of $500 to be covered by reduction in a companion contract. On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, the contract amendment to Kenmar Residential Homes, Inc., operating contract, was approved and Chairman authorized to sign. 7b-1b33 APPROVE HELPLINE CONTRACT WITH BRIDGE OF CHICO A contract as en prepare wit t Bri ge o G ico to provide telephone answering service after hours for the Drug Counseling and Referral Center, extending crisis counseling and information service to 24 hours per day at the cost of x1,500. Contract discussed. This is for drug counseling only. These people answering the telephone will try to secure help for the people telephoning. Health Service staff will train the persons that will answer the telephones. Six to eight calls are anticipated per day. On motion of Supervisor Madigan, seconded by Supervisor McKillop and unanimously carried, the Heipline Contract was approved and the Chairman was authorized to sign. 7b-1634 APPROVE SWINE FLU fMMUNI~ZATION PROGRAM SUB-CONTRACT e magnit e o t Swine F u Program con ucte m a s rt period requires assistance of organizations for community follow-up. Liability immunity to the sub-contractors is transferred and eontstilled by required contract. Discussed; felt the contract could be approved subject to County Counsel's approval. Page 16$ . September 26, 1976 r~ ~~ _________________.~~=s~e~~2~.~~z~.-~-_______-__- On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the form sub-contract was approved, Director of Health Services to sign and make requested amendments when negotiated with assisting organization , subject to approval of county counsel. 76-1635 REPORT BY 806 NICHOLSON REGARDING PUBLIC WORKS PROGRAM Bo Nic o son, Director of Economic Deve opment, gave t e atest update on the public Works Program. This is coming down to a critical point. The Bill has been sent to the President for his signature. The President has ten days in which to act upon the bill. The County's appiication is in good shape. The letter prepared by the Administrative Officer for the Chairman's signature is ready. Projects that should be funded explained. : • The latest figure that they will accept for unemployment is 1~.5%; this will qualify Butte County. The application is approved in Seattle within 5 days as to form. The application will then be sent on to Washington D.C. for approval. No action required at this time. 76-1636 APPEARANCE: DR. MIKE SEELEY RE REQUEST OF BIDWELL WILDLIFE FOR FUNDS FROM FISH 8~ GAME FOR CARE OF BIRDS AND WILDLIFE Dr. Mi a See ey, veterinarian, exp aired t request of Bidwell Wildlife that was denied by the Board last week. Background of the activities of this organization set out by Dr. Seeley. This is an incorporated organization with many more than 100 members from all over northern Califomia. Most of the members are not students of Chico University. They have an agreement with the City of Chico for a site to build a bui Iding. The Bidwell Wildlife Center has worked closely with other centers throughout California. Members of the Center are developing asix-week educational program. The Center concentrates on the endangered species. At the present time, this Center is the only center to take care of these animals and birds. Plans of the Center set out by Dr. Seeley. Use of the requested funds explained by Dr. Seeley. These funds would be taken from the Fish $ Game funds on file with the County. This money is collected through fines and is to be used for animals and wildlife oriented activities. It is the Center's feeling that there is ample justification for the request for the $750. He also felt they should have $750 for help in the constroction of o building to take care of the animals. At the time of the original request they were unaware that the funds could be used towards a building. Chairman Cameron felt that the Board should support the request for the $750 originally requested. Supervisor Richter explained his views regarding allocationcF funds for this purpose. David Nelson, Supervisor Game Warden of Fish and Game, stated he monitors the actions of the Fish and Game Commission. It is his feeling that this request today is a very worthy project. He said that Dr. Seely had given this project much more than they are requesting from the County. The services of the ~ Page 189. September 26, 1976 ~ ~"`+ ___-___-_______= September 28~ 197G =T______________ rehabilitation oenter is used by the Fish and Game people often; they farm out the injured birds and animals to the Center. On motion of Supervisor Madigan, seconded by Supervisor MclCiflop and unanimously carried, the request by the Bidwell Wildlife Center for $750 from the Fish and Game funds was approved„ agreement was approved and the Chairman authorized to sign, 637 APPEARANCE: ROBERT TOMMES Ro ert Tommes state a felt very strongly about the Welfare program in Butte County. The County is not responsible for the aliens from Mexico. He approved the granting of the funds for the 8idweli Wildlife Center. 1638 APPEARANCE: MELVIN MORRIS CONTRACTOR TO HAUL REFUSE FROM MT. STATIONS Mr. llbrris, contractor to au t e gar age out o t mountain ump areas, stated he had lots of problems with the mountain stations. Butte Meadows is obsolete because of the fence. Lake Madrone station always has both bins Full, He asked the Board if there was some type government program that would allow the County to have someone placed at these mountain stations two or three days a week. Time spent discussing having someone at the mountain sites to collect fees for the dumping of garbage. Mr, Nbrris stated that the people throw their garbage through the fences at the sites, He said he could Cover the sites to pick up the garbage but he could not man the stations. Mr. Castleberry stated he would have a proposal for the Board next Tuesday. Matter placed on the agenda far Tuesday, October 5, 1976 at 3:00 p.m. 639 APPEARANCE: MRS. C. L, HARRIS, PARADISE s. Harris as e i t re wou any urther discussion of the Valley View Drive area today. She was told that the matter was on the agenda for next Tuesday at 10:30 a.m. An assessment district would be the solution for this area. 1640 APPEARANCE: JAMES HANSON OROVILLE Mr. Manson state t e ar cou re uce the tax load on the County people if they would tum the duties of the county employees over to private enterprise. Mr. Hanson requested that the Board give thought to this suggestion. SUPERVISORS MADII"3~AN& RICHTER LEFT THE MEETING AT THIS TIME. 64Q WAIVE SECOND READING OF ORDINANCE AND ADOPT ORDINANCE 1759 n motion o Supervisor cKi op, secon e y Supervisor an carried, the second reading of the salary ordinance amendment was waived, Ordinance 1759 was adopted and the Chairman authorized to sign. Absent: Supervisors Madigan and Richter. I' 642 ADOPT RESOLUTION 76-161 AMENDING SECTION 7.5(c) OF THE BUTTE COUNTY PERSONNEL RULES A reso uhan amending Section 7.5 of the Personnel Idles has been prepared to include the Shop and Stores Worker series as 40 hour per week classes and removing the Storekeeper class from the 40 hour group. Resolution discussed. On motion of Supervisor McKillop, seconded by Supervisor Cameron and carcied, Resolution 76-161 amending Section 7.5(c) of the Butte County Personnel Idles was adopted and the Chairman authorized to sign. ABSENT: Supervisors Madigan and Richter. - Page 190, September 28, 1976 f ' r"~ --------------====Segrera,ber_2fl,_I^7~'__________----____ 643 gUTHO RIZE AUD ITO R TO RELEASE BACK PAY The county s appea tot State Personnel Board in the matter of Peggy Larson, Eligi~iiity Worker, has been rejected. The State Board's order for bock pay adjustment stands. On motion of Supervisor Ladd, seconded by Supervisor McKillop and carried, the Auditor was authorized to release the back pay due Peggy Larson in the amount of $1,850.90 of gross amount, Ib44 AWARDED BID FOR REGIONAL RADIO COMMUNICATION SYSTEM: APPROVE JOINT POWERS AGREEMENT Bi s eve en receive r t four county radio communication system to be funded by the California Council on Criminal Justice. Motorola CBE, Inc. was the low bidder at $111,868 and has also agreed to provide the radio link as an addition to their bid in the amount of $4,736.08. A joint powers agreement has also been prepared with the other counties involved in the communication system. Tom Struthers, Purchasing Agent, and Mr. Olson were present to discuss this matter. On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, bid for the four county radio communication system was awarded to Motorola C&E, Inc. at a cost of $111,866, the low bidder, authorized a change order for~the-addition of a 450 MHZ radio link between Sunset Mountain and the Oroville Sheriff's Department, and approved the joint 'powers agreement#~etween the Counties involved, subject to the approval of the other three counh~css~.c••°^ ~~~ . 645 AUTHORIZE PURCHASE OF CANOPIES FOR PICKUP TRUCKS: SHERIFF'S DEPT. T 5 eri requests out orization to pure se two canopies or plc up rruc s used in Cohasset and Feather Falls in order to protect equipment, cost $500. Sheriff proposes to transfer funds from his vehicle maintenance budget. On motion of Supervisor Ladd, seconded by Supervisor McKillop and carried, purohase of canopies was authorized and the Auditor was directed to prepare budget transfer. 64b APPROVE FILM PROCESSING AGREEMENT WITH GIN OF OROVILLE An agreement as en prepare wit t e qty a Orovi a or t e Sheriff to process black and white film for the City police Department. Fee for service 1s $20 a month. On motion of Supervisor Ladd, seconded by Supervisor McKillop and carried, film processing agreement with City of Oroville was approved and the Chairman authorized to sign. 1647 APPROVE UNIVAC 1810 KEY ENTRY MACHINES AGREEMENT A contract as en prepare to cover a now ease agreement for the two Univac 1810 Key Entry machines which were released by the Auditor. Machines are to be utilized in the Data Processing Department. An increase of $3,365 wilt be necessary to cover all costs. On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, the contract to cover a new lease agreement for the two Univac 1810 Key ffntry machines was approved and the Purchasing Agent was authorized to sign. 1648 AUTHORIZE REPAIR OF CEILING IN OROVILLE MEMORIAL HALL B PAYMENT OF INSURANCE DEDUCTIBLE EXPENSE On motion of Supervisor McKi lop, seconded by Supervisor Ladd and Page 191: September 28, 1976 ~~ r~'t --------------====SegtPraber~'=1~~===______________ carried, the following action was taken s I. Authorized the immediate repair of ceiling in Oroville Memorial Hall, with funds (not to exceed $800) to come from the reserve for contingencies. 2. Authorized payment of $97.59 involving claimant, David and Helen Rush, etal, under the deductible feature of County liability insurance policy, and directed Auditor to prepare budget transfer. 649 BUDGET TRANSFERS: PUT OVER TO LATER IN MEETING Bu get trans er B- iscusse T is Es part o t e annual clean-up transfers. Purpose of the transfers set out and discussed. Action put over until later in the day. 650 HEARING SET: GEM NEON SIGNS, CENTURY 21 REALTY SIGN Pu is aring set or Novam er , 97 at a.m. on t appeal filed by Gem Neon signs on denial of use permit for Century 21 Realty sign, 5848 Skyway,Paradise. 651 APPROVE GENERAL ASSISTANCE AMENDMENT An amendment in t enera Assistance Program has been prepared to comply with Welfare 8 Institution Code Section (1005.5. Amendment was brought about due to recent Supreme Court decisions. Amendment discussed. On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, general assis#ance amendment approved. RECESS.: 12140: RECONVENED! 1:30 p.m. S%ECfTTIVE SESSION: The Beard recessed at 1x30 p.m. to hold an Executive session. RECONVENED: The Board reconvened following an Executive Session at 1:55 p.m. ADOPT RESOLUTION 7fi-162: INTENTION TO ABANDON PUBLIC UTILITY EASEMENT ON LOTS 5, 6, 9, 11, 13. & 50 SUBDIVI50N CRESTMOOR ESTATES, UNIT N0. l -RICHARD CAMPLEMAN, ETAL.PUBLIC HEARING SET FOR NOVEi~II38R :9. 1976 at 1:30 P.M. On motion of Supervisor Ladd, seconded bq Supervisor McKillop and carried, Resolution 7b-162 was adopted, public hearing to abandon public utility easement on Lots 5, 6, 9, 11, 13 & 50 as shows on the subdiviason entitled Crestmoor Estates, Unit No. 1 pas set for November 9, 1976 at 1:30 p.m. and Chairman authorized to sign the Resolution. AYES: Supervisors Ladd, McKillop and Chairman Cameros. ABSENT: Supervisors Madigan and Richter. 6-1653 PUBLIC i3EARING: CASA DeFLORE5 MOBILE HOME PARK -REZONE FROM "R-4" (MAICIM[IM DENSITY RESIDENTLAL), "R-2" (DUPLEX-RESIDENTIAL} AND "R-1" (SINGLE-FAMILY RESIDENTIAL) TO "!~", (.MOBILE HOME PARK) PROPERTY ON THE SOUTH SIDE OF LASSEN AVENUE AT MORSEMAN AV&NUE CONTAINING 12 ACRES MORE OR LESS CHICO The public hearing on the Caea Ae Flores Mobile Home Park -Rezone from "R-4" (Maximum Density Residential), "R-2" (Duplex-Residential) and "R-1" (Single-Family Residential) to "MHP" (Mobile Home Park) property on Che south side of Lassen Avenue et Norsemen Avenue, containing 12 acres, more or leas, Chaco was held as advertised, Dan Biackstock, County Counsel, set out what part of the hearing could be handled. If the Board finds against a rezoning then they may vote s$ainst it. The only thing that the Board camaot do is to rezone a parcel _ . __ __ _._,_ and adopt 8n-_ordinance ~t~.1 after the litigation j,6.._9ettled.. _ _ _, _._ __.._ _ September~28, f976 ~""' r., ~~~~~~~~c~aa~caac~1~07~£LY'tl~~~ax~~¢s~sa=sec~~~~~ hearing open to the public: Appeariags l'loyd E. Damahen, General Partner, Cesa De Flores Mobile Howe•PszM1c. 1'Sr. Damahen stated that the request for the•resoning was to increase the spaces in the existing Mobile Home Park. Mr. Damahen asked that ha be notified when the Board makes a decision on this matter. Chairman Cameron stated that the Planning Commission had voted 9 to 0 for the rezone. Hearing closed to the public and confined to the Board: The hearing is continued until October 5, 1976 at 2;00 p.m. b54 PUBLIC HEARING: EUGENE MATHEWS APPEAL OF PLANNING CODg4ISSI0N~S DENIAL OF A USE PERMIT TO ALLDW STORAGE OF COMMERCIAL VEHICLE5 ON PROPERTY ON THE EAST SIDB OF.B[~YWAY, APPROXIMATELY ~ MILE NORTH. OF WAGSTAPF ROAD, CONTATNTNG L..21 ACRES. MORE OR LESSs PARADISE (CONTINUED FROM 9/21/76). The continued public hearing on Eugene Mathews - appeal of Planning Commission's denial of a use permit to allow storage of commercial vehicles on property on the east aide of S~Cyway, approximately '~ mile north of Wagstaff Road, containing 1.21 acres, more or less, Paradise was held at this time. Del Siemsen, County Counsel's office, stated that the statement had been made last week that there was a use permit on the property. On informatfon from the Planning Department, there is no use permit on the property. The Planning Commission denied the use permit application in 1973. There were building permits applied for but there is ao use permit, 1. Mrs. Mathews -Property Owner. Mrs. Mathews stated that the permits she was talking about was building permits. ERP! OR MAD N AND RICHTER TO THE MEETING AT 2;20 P M 2. Mr. Lombardi, Property Owner. Mr... Lombardi stated that the use permit had been turned down by the Planning Commission. Hearing closed to the public and confined to the Soard: The Planning Commission voted 5 to 4 to deny the use permit. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the decision of the Planning Commission is upheld ,,,,_„_ sad the use permit ie denied. ---••~--° ~°"'~ '~ 6-Ib55 HEARINGS $AROLD 8. BABY - RECONSIDERATION OF TENTATIVE PARCHL MAP DENTED EY THE BOAAD OF ,~fPHRVI D S ON AUGUST 2k: 1976. The fiearing on Harold E. Ruby - reconsideration of tentative parcel map, AP 63-04-11, 2 lots, east of Schott Road, northeast of Forest Ranch was held at this time. Heaiirig open to the public; Appearing: Russ Croninger, Ringel & Associates. Mr. Croninger asked the Board why the map had been denied. Mr. Croninger stated that the map was denied because of the conservation element of the General Plan and could not understead this. Mr. Croninger set out the conditions of the parcel and the surrounding area. Mr. Lawson, Piaa4lag Director, set out the zoning in the•Foreat Bench area. Diacueaioa of the General Plan had at this Came. age T93. ° _ .__ .• _._._..... September 28, 197b ~ /~ G G G G Z Z___ Z G G G= R' Q L =~~~G/G'C~C7 1F l~ IC AF C RC L"' T C G S C C G G Reconsideration of the Raraid E. Ruby tentative parcel map continued until October 12, 1976 at 10:30 e.m. 656 P[TBLIC HEARING: REQUEST FOR WITHDRAWAL FAOM LAND CONSERVATION AGREEMENT HAVES AND BUNCH '(CONTINUED FROM 9/14/76). The continued public hearing on the request from Hayes and Bunch for withdrawal from Land Conservation Agreement was held as advertised, Dan Slackatock, County Cauasel, set out the conditions of the request for withdrawal from Che Williamson Act. Dea Blackatock eat out the background of the property under the Williamson Act. Hearing open to the public: Appearing: 1. Dan Hayes and Mx, Bunch, property owners. Mr. Hayes stated that both he and Mr. Bunch wished to withdraw from the W111iamaon Act. Mr. Hayes stated that he would like to have the hearing continued sa that his attorney, Mr. Mulkey, could be present. Supervisor Madigan stated that Mr. Santos should be present at the hearing to discuss this matter since he ie the one who bad placed the property under the Williamson Act. Daa Blackstock stated that there is litigation pending on the property concerning the•Williamson Act. Hearing continued until October 19, 197b af• 2:00 p.m. EBECUTIVE SESSION: The Board recessed at 3:05 p.m. to hold an Executive Session to interview the EOC Director applicants and to discuss litigation. RECONVENED: The Board reconvened following sa Executive Session at 4:30 p.m. There is nothing to report at this time. 76-1657 APPROVE BUDGET TRANSFERS: On motion of Supervisor Richter, seconded by Supervisor McKillop and unanimously carried, the following budget transfer is approved: 8-237 Clean-uy Transfers. This is a $313,637.71 transfer inval.ving numerous departments. Purpose of the transfer is to trans€er unencumbered appropriaCion balances to cover deficits for those departments whose 1975-76 fiscal year total budgets era not deficient. 76-1658 APPOINTMENP OF EOC DIRECTOR CONTINUED TO OCTOBER 5 19 6 The interviews of the canidates for the position of EOC Director ware held. The appointment of the EOC Director is continued to October 5, 1976. 76-659 APP02N'1T~NT OF COing1UNITY BASED ORGA23IZATION MEMBER°T01~IANPOWEIi•PLANNING COUNCIL: EOC DIRECTOR APPOINTED. • Oa motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the new EOC Direotor is appointed as Community Based Organization Member to Manpower Planning Council. 76-1660 APPOTNThIE1VT: ALTERNATE MEMBER TO THE BOARD OF ZONING AD3ITSTMENPS: LOUIS CAMENZIND. JR. Oa motion of Supervisor Richter, seconded by Supervisor Ladd and unanimously carried, Louis Camenzind, Jr. ie appointed alternate member to ....._ ,._..,,__...... the Board of Zoning Adjustments. September 28, 1976 I ~., ^_-___---________= Seipte=ber28~1976 _-_-___ __-_ _ __-_ {66~T~..CONFLICT.0P.7IITEREST CODE - BDTTE COUNTY FAIR BOARD, CONTINUED TO OCTOBER 5. 1976. Dan Blackstock, County Counsel, requested that the Butts County Fair Board Conflict of Iatexest Coda be continued until October 5, 1976. 661 ADOPT RESOLUTION AGAINST PROPOSITION 14 CONTINUED TO OCTOBER 5. 1976. Dan Blackstock requested that the adoption of a Resolution against Proposition 14 be continued to October 5, 1976. ADDITIONAL PLANNTNG MATTER DIS_CUSSED• Jim Lawson, Planning Director, stated that the cost for printing 300 copies of the pxaposed elements of the General Plan would be approximately $2,000. Also, the EIR would be included. The cost would be $6/copy. agencies. Discussion of charging for the copies and distribution to Governmental On motion of Supervisor McKillop, seconded by Supervisor Richter and unanimously carried, copies of the proposed elements of the General Plan end the EIR are to be given to Governmental agencies and to the Libraries. The General public is to pay printing costs for the elements, the Avditor ie to determine the cost and the money will come from the reserve. ADDTTIONAL MATTERS PRESENTED BY BOAAD MENBERS: Supervisor Ladd stated that the £iisal Subdivison map should be approved.. Supervisor L'$dd'~stated'ttditrhe did not feel the County could change the plans after the Subdivisan had been completed. Supervisor McKillop stated that the County should have to go back and change whatever had to be done. Public Works could work something out. Chairman Cameron suggested that the Board discuss the Paradise Memorial Ha11 with the ca~ittee on October 5, 1976. Mr. Nickelson ie to set the time for this. Clif Nickelson stated that there would be some minor remodeling done in the Sheziff's office due to the transfer of the Narcotics Force to their office. RECESS: Tha Board recessed at X4:55 p.m. R13CONVENNED: The Board reconvened at .4.x56 p.:sp. 665 APPROVAL OF THE STRUCTURAL PLAN OF THE NEW COUNTY ADMINISTRATION $UTLDING On motion of Supervisor Richter, seconded by Supervisor McKillop and unanimously carried, the recommendation of the building committee is adapted as to the structural plan of the new Govnty Administration Building and changes can ba made on the interior plan if the Board members fees it is necessary. ADJOURNI~NT• There being nothing further before the Board at this time, the meeting was adjourned at 5:05 p.m. to reconvene on Tuesday, October 5, 1976 at 9:00 a.m. ATTESTS CLARK A. NELSON, COUNTY CLERK '"-A , By ,P ... ... ____ ._ Board of S ervisare Clerk Page {95. Chairman o£ Che Board September 28, 1976