HomeMy WebLinkAboutM100874October 8, 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, County Clerk, by Margie Catt, Board of Supervisors Clerk.
Pledge of allegiance to the Flag of the United States of America
74-1477 APPROVAL OF MINUTES
On motion of Supervisor McKillop, seconded by Supervisor Gilman and
unanimously carried, the minutes of October 1, 1974 were approved as
mailed.
74-1478 COMMUNICATIONS
Mrs. Elizabeth Rawlins, Chico. Mrs. Rawlins writes in support of
Y 3 p U reinstatement of the two juvenile hall interns. Information.
Administrative Officer will answer the letter.
Lois W. Ldright, Paradise. Ms. Wright supports the RT-1 zoning for Warren
and C1arlc Road area in Paradise. To be read at the public
hearing scheduled for 2:00 p.m.
Superintendent of Schools. Mr. Evans files notice of his retirement from the
position of County Superintendent of Schools effective December 31,
~l~ j•a J 1974, He suggests appointment of Beane Posers for the short interim
period as Ear. Powers was elected to t're post for the next term.
See discussion and motion following communications.
County Librarian. Mrs. Terry files copy of the annual report to the State
~/ D , 40 Library as required by Education Code ~~2762.
Information only.
Yuba-Feather Communities Services, Inc. The organization thanks the Board
y ~ Z~pO for response given to members of the Rackerby and Bangor
communities at last week's meeting regarding the Rackerby Bridge.
Information only.
County Supervisors Association of California. CSAC Legal Counsel writes
regarding AB 2260-Justice Courts. Information regarding the
County's Courts is requested as well as the Boardts views on
the Bill from a policy standpoint. Discussed, Supervisor Ladd felt
Board should go on record as opposing the bill. No action taken.
Assembly Committee on Judiciary. John J. Miller, Chairman, sends notice of
an interim hearing on October 21, 1974 regarding justice court
judgeships. Discussed. Supervisor McKillop said he would like
to see some costs figures on this. No action taken at this time.
Sacramento District, Corps pf Engineersa Notice of application to construct
a pumping station on the Sacramento River about two miles above
~f Z p C~ the State Highway 32 Bridge, in Butte County is filed. Objections
should be submitted in writing on or before October 21, 1974.
Discussed; no action taken.
Department of Health. Department sends-.notice of allocation of State
~ ~ Z Z. o Assistance funds with Butte listed for $39,645 for the 1974/75
fiscal year. Information only, .-
Goldstein, Bareeloux & Goldstein. Appeal of Planning Commission's decision
0~ concerning use permit for CE Building Products, Inc. and Raymond B.
`(~ , Krumvieda. Set for hearing on October 29, 1974 at 2:00 p,m.
rage 305.
October 8, 1974
October 8~2 7.974
Congressman
Harold Johnson. He encloses announcement that the Fibreboard land exchange
has been consumated and that local governments will receive their
p ~, 3 ~ entitled percentage of the funds. Read and discussed; no action
taken.
Congressman Harold T. (Bizz) Johnson. He informs the Board that the Subcommittee
of the House Interior and Insular Affairs Committee will be meeting
Z 'v on October 10, 1974 to hear from departmental witnesses on a number
~ ~~ of legislative proposals to establish a system of payments in lieu of
taxes for Federally owned properties. Read and discussed; no action
taken.
Paradise Recreation District by Terry Ashe, District Manager. They write
~ p*s ~ to state that they are interested in the railroad right of way
situation in Paradise. Read and discussed.
Lloyd R. Britton, Forest Supervisor-Plumas National Forest. They write
~ f1d'3 ~ concerning the proposed land exchange with Southern Pacific Land
Company. He states that they do not have formal apgraisal data
available at this time.
Los Angeles Board of Sugervisors. They write concerning Medical care for
illegal aliens. Read and discussed. Chairman Madigan feels that
G f4~~ ~ the Board should taice some action on this matter. Sea motion
following communications.
Gold Nugget Days, Inc. Protest rezoning of Moore and Warren Road areas.
74-1479 MOTION TABLED CONCERNING APPOINTMENT OF DUANE POWERS AS SUPERINTENDENT
OF SCHOOLS AND ACCEPTANCE OF RETIREMENT NOTICE BY THOMAS EVANS
It was moved by Supervisor Cameron and seconded by Supervisor
McKillop that the notice of retirement filed by Thomas Evans, Superintendent
of Schoo'.s, be accepted, with a letter of commendation to be sent to Mr. Evans,
and that Duane Powers be appointed as Superintende_zt of Schools for the short
interim period that the office would be vacant.
Motion discussed.
On motion of Supervisor Ladd, seconded by Supervisor Gilman and
carriedy the=above motion was tabled at this time.
AYES:Supervisors Cameron, Gilman and Ladd
NOES: Supervisor .McKillop and Chairman Madigan.
74-1480 AUTHORIZE LETTER OF SUPPORT OF LOS ANGELES COUNTY BOARD OF SUPERVISORS
CONCERNING MEDICAL CARE FOR ILLEGAL ALIENS
On motion of Supervisor Ladd, seconded by Supervisor Cameron and
unanimously carried, the Board went on record as supporting Los Angeles County
Board of Supervisors stand concerning the payment of medical care for
illegal aliens, with a copy to go to California Association of Supervisors
and to Los Angeles County Board of Supervisors.
74-1481 APPROVE APPOINTMENT OF JIM RACKERBY AS CIVIL RIGHTS COMPLIANCE OFFICER
Jim Rackerby, Personnel Director, reported on the letter the Board
received last week from the Department of Transportation concerning the Civil
Rights Act. He stated he has reviewed the letter and attachments; he has
discussed the matter with Mr. Castleberry and with Caltrans. CALTRANS are
requesting that Butte County file assurances that the County will comply with
the Civil Rights Act. He reported on how this matter should be handled.
They request that the County's Public Works Department have an affirmative
action plan.
He stated that the action the Board should take at this time would
be to authorize the Chairman to sign the assurances for the County,
Civil Rights Act and action to be taken discussed.
Page 30b.
• October 8, 1974
______________October 8,1974====___________
On motion of Supervisor Ladd, seconded by Supervisor Gilman and
unanimously carried, the Personnel Director was appointed as the Civil
Rights Compliance Officer for Buttie County and the Chairman was authorized
to sign the assurances requested by CALTRANS.
74-1482 AUTHORIZE THE HIRING OF A PUBLIC HEALTH PHYSICIAN
Mr. Rackerby stated he had received a letter from Dr. Erlingheuser,
Health Director, that deals with the position of assistant Health Director.
They have located a man who would be willing to come to Butte County as Che
Public Health Physician, for a salary above the .first step of the salary range.
Mr. Rackerby stated he would be willing to come to Butte County if he would
be allowed to receive the "C" step of the salary range. Request discussed.
On motion of Supervisor Gilman, seconded by Supervisor McKillop and
unanimously carried, Personnel Department was authorized to hire a County
Health Physician at the "C" step of the salary range for this position.
CHAIRMAN MADIGAN WELCOMED STUDENTS FROM LAS PLUMAS HIGH SCHOOL
74-1483 AUTHORIZE CALL FOR BIDS FOR INSTALLATION OF HEATING AND COOLING EQUIPMENT
FOR THE OLD COUNTY HOSPITAL REMODELING
Gene McFarren, architect, presented specifications for
installation of the heating and cooling equipment for the County hospital
remodeling and requests authorization to call for bids. He explained the
design of the equipment. Request discussed,
On motion of Supervisor McKillop, seconded by Supervisor Gilman
and unanimously carried, call for bids for the installation of the heating and
cooling equipment for the County hospital remodeling wes authorized, said
bids to be opened November 6, 1974.
74-1484 APPROVE APPOINTMENT OF INTERIM DIRECTOR'S POSITION, COMMUNITY ACTION
AGENCY
Mr. Ralph Barryman, Chairman o€ the EOC, spoke to the Board concerning
the proposal to fill the interim director's position. Mrs. Nadeen West, the
present interim director, requests to be relieved of this position so she can
fill her full time position as director of Head Start.
He stated that there is a young man that has applied for the
interim directors job. His resume was presented to the Board members.
Mr. Barryman requests that they be allowed to hire this man. They are
at present collecting applications for appointment of a permanent executive
director.
Appointment discussed. Chairman Madigan was present when this
young man was interviewed,
On motion of Supervisor Gilman, seconded by Supervisor McKillop
and unanimously carried, the Board approved the appointment of an interim
director for EOC.
It was moved by Supervisor Cameron that Patrick Berry be appointed
as the interim director of EOC and to further state that the proper
procedures would be followed to fill the permanent executive director's
position.
Appointment of the interim director discussed. Supervisor Ladd
said he would not vote on this. Mr. Rackerby said he would investigate
the matter and will report back next week. Matter put over one week.
Page 307
October 8, 1974
---------=====October 8,=1974 =_-~______= W =__
RECESS: 10:10
RECONVENED: 10:25
74-1485 DISCUSSION: STAFFING RE VEST FOR MANPOWER PROGRAM ACTIVITIES
Mr. Rackerby stated that the release of additional CETA funds and
the expansion of Manpower program activities has created a need to increase
the Manpower program and administrative staff. He has sent the Board members
a summary of the program to date. It is felt that they should have sufficient
people to operate these various programs. The staffing pattern was discussed
with the Department of Labor. They feel that the staffing pattern in Butte
County is insufficient.
Mr. Rackerby said they were requesting permission to add four people
to their staff at this time. Payroll that they are operating set out and
discussed. Supervisor Gilman asked if Butte County did the administration
of funds for the other three counties. Mr. Rackerby stated that they are
no longer participating with Butte County in this program. Mr. Rackerby's
proposal is to fund these positions through the manpower funds.
Request discussed. Supervisor Ladd said he would like the Board
members not to take action today but to put this over one week so he can study
the request. Supervisor Gilman stated that he would go along with Supervisor
Ladd's request.
Action deferred aae week.
Mr. Rackerby set out where they would house these people. It is
their intent to move the EOC offices down to the old Justice Court room and
to place this program in the present EOC offices. Details for this move
will be worked out and presented to the Board members.
74-1486 AUTHORIZE EXECUTION OF AGREEMENT WITH COOPERATIVE PERSONNEL SERVICES
TO CONDUCT A CLASSIFICATION AND PAY STUDY FOR THE COUNTY
Mr. Rackerby reported that funding has been obtained under CETA
Title I Program to conduct a classification and pay study for the County.
The purpose of this study is to analyze job classifications to remove arbitrary
barriers and to structure career advancement opportunities in the County
personnel system. An agreement has been prepared with the State of
California Cooperative Personnel Services to conduct this study. The cost
of the study will not exceed $32,000 which will be funded 100% by CETA.
It is recommended that this agreement be approved.
Request discussed. Supervisor Cameron asked if there wasn't some
other way to assure the Federal people that this County was in complian:e.
Statement discussed. Supervisor Ladd felt that it was important to know
the type of person doing the job; he set out his views concerning this study.
On motion of Supervisor McKillop, seconded by Supervisor Gilman and
carried, execution of the agreement with Cooperative Personnel Services was
authorized and the Personnel Director was instructed Co coordinate the study.
AYES: Supervisors Gilman, McKillop and Chairman Madigan
NOES: Supervisors Cameron and Ladd
74-1487 AUTHORIZE STAFFING REQUEST OF DISTRICT ATTORNEY, WITH THE USE OF
CETA FUNDS
Kenneth Leach, District Attorney, spoke to the Board concerning
the need for additional legal and investigative staff. He had given the
Board members a written memo concerning this request. Thee positions had
been requested at budget time. Page 308.
October 8, 1974
Mr. Leach stated-that they had quite an increase in Che case load,
The foreseeable future indicates that they will have an additional case 10 .
He summar7.zed his request for the positions.
He feels that consumer fraud cases are not being handled
fairly in this County. He explained how they were being handled., and
explained the operation of his office in handling complaints. '.'hey have
7 people working in the Child-Support Division,
Mr. Leach set out the justification for his request. He said it
looks as though the Feder Government will pay the costs for the Farzily
Support Division, in the amount of about 75% of the costs. It has taken
a long time to convince the Federal Government that they should support this
division even though it is not in the Welfare Department,
Mr. Leach explained the sgace that would be used Fo house these
people. Supervisor McKillop stated that he has discussed this request with
most of the attorneys in the County. He feels that the request is justified,
They are requesting permission to hire an attorney and an investigator.
Mr, Nickelson explained how these positions could be funded by
CETA, CETA will only fund a position up tc Y833. Discussed hiring these
people under the CETA program. Mr, Rackerby said he would attempt to find
qualified people to fill these positions.
It was moved by Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, that the Board authorize the additional attorney
and investigator for the -istrict Attorney's office, and'that CETA funds be
used to hire these people.
74-1488 APPEARANCE: MARIAN WOLJIC, OROVILLE
Mrs. Marian Woljic, Oroville, stated that a few weeks ago the
County had interim zoned the eastern portion of the Count-r as TM-160.
At that time County Counsel had stated that he did not think that it could be
legal because the area had been under an interim zone. She asked what
Government Code provision allows this zoning. Mr. Blackstock told her to
go down to his office that they would show her the Government Code sections
that he had•, referred to at the hearing.
74-1489 APPEARANCE: FRANK HARLAN-NATIONAL. HEALTH PLAN, H,R, 15204
Frank Harlan, Chico, explained H. R, 1b204, This bill is designed
to revise and continue the Health Planning activities that have taken place
over the past years. It has been endorsed by Butte County Comprehensive
Health Planning, He explained the bill and set out who has endorsed the Bill.
Legal structure and staff requirements explained by Mr. Harlan.
Mr, Smale and Mr. Moss both hq>e to provide an option for regional or local
governments. Addition to the bill would read - "The Health System Agency,
a non-profit private organization. The Board has the power to appoint the
members of the Butte Gounty Health Planning Council.
Mr, Harlan said he would urge the Board to support the bill if they
are going to take any action a~ a11. Mr. Harlan said this Board has taken a
very active part in health planning; he requested that the Board not oppose
the bill, He will keep the Board aware of any amendments to the Bill.
Supervisor Gilman said he would like to defer action until after
this e•~eek's meeting of Nine Northern Counties Supervisor Association, to be
held in Oroville. Letter held in abeyance at this time.
Page 309.
October 8, 1974
_ - _ _ - ~ _ _ _ _ _ _ = October 8,_1974 ~ ~ _ T = _ _ _ _ _ _ _ - _ _
74-1490 APPEARANCE: BOB JONES, i1ANAGER OF BUTTE COUNTY EMPLOYEES ASSOCIATION
Mr. Bob Jones, present manager of Butte County Employees Association,
introduced himself to the Board, stating that he has moved here from Eureka
to manage the Association. Chairman PSadigan welcomed Mr. Jones to Butte County.
74-1491 APPEARANCE: MRS, MARKLAND E 9th STREET CHICO
Mrs. Markland, E, 9th Street, Chico, spoke concerning the youngsters
of Butte County. She said she worries about the Juvenile Hall building.
There are a lot of diversion bills that the County is not using. She
explained a new bill that has been signed by President Ford, It is her
feeling that if the Board thinks of a 56 place for the children, then the
County might fill such a place. She explained the diversion prog~~ams that could
be used. She feels that the Board should think of the ways to handle the
youngsters rather than a place for a juvenile hall.
Suggestions of Mrs. Markland discussed; no action taken.
74-1492 APPEARANCE: PAT PORGENS, CITIZENS FOR CLEAN AIR COMMITTEE
Pat Porgens, representing citizens for clean air committee, spoke
concerning the agricultural burning problem in California. In 1971 the Air
Pollution Board established guidelines for the burning in the County. Back-
ground of the burning problem set out by Mr. Porgens. He explained the
problem of rice hull burning. Products that have been made from rice hulls,
almond hulls and cannery waste set out.
He said that the primary effort of~his organization was to get the
support of the people. They would like to reduce the amount of waste burned
in the County, He requested that the Board write to the Governor and to the
Air Resources Agency requesting that they get concerned about this matter.
Supervisor Ladd stated that the people are already concerned with all types
of pollution,
There has been a lot of research done in the matter of rice straw.
There is a limit as to the amount of rice that can he planted in this county,
Request discussed; no action taken.
74-1493 APPEARANCE: MR, WIRTHINGTON,OROVILLE
Mr, Wirthington, Woodland Avenue, Oroville, spoke on the matter
of the appointment of the EOC director. He pointed out that Mr, James Hanson
had objected to the manner of the selection of the director for EOC. He
did not think theBoard should appoint an interim director; the County should
follow the normal practice of hiring. Supervisor Ladd informed Mr. Wirthington
that the Soard did not take any action this morning to appoint an interim
director; action was put over one week.
74-1494 PUBLIC HEARING: INTENTION TO PURCHASE PROPERTY IN GRiDLEY
The public hearing on the intention to purchase property in
Gridley was held as advertised, Dan Blackstock, County Counsel, explained
the matter of this property.
Hearing opened to the public. Agpearing in opposition: no one,
Appearing in favor: no one. Hearing closed to the public.
Mr, Nickelson requested that this matter be put over until later
in the day. No action taken at this time.
74-1495 EXTEND TTME FOR BIDDING FOR GRIDLEY FIRE STATION
On motion of Supervisor McKillop, seconded by Supervisor Ladd and
Page 310,
October 8, 1974
October 8, 1974
unanimously carried, the time for bidding on the Gridley fire station was
e. tended to October 24, 1974.
74-149b REVENUE SHARING FUNDS: TO BE DISCUSSED NEXT WEEK
Supervisor Cameron stated that there were some people present that
thought the Board was going to discuss Revenue Sharing Funds. Supervisor
McKillop stated that since the Board was going to discuss the building and
acquisitions, the Revenue Sharing discussion should be put over one week.
Revenue Sharing discussion put over one week.
RECESS: 12:20
RECONVENE: 2:00
74-1497 PUBLIC HEARING: ADOPT ORDINANCE 1501 AMENDING AGRICULTURAL BURNING
GUIDELINES
Mr. Madigan stated that this was not a closed hearing but a
continued hearing.
Hearing opened to the public.
Appearing: Jack Wilson, vice president of Butte County Rice
Growers Association. He asked that the Board support this measure. The
industry feels this is an acceptable burning regulation. He also stated
that they were very gratified with last year's agricultural burning.
R.A. Mackessy, Agricultural Commissioner, appeared to answer
the Boaxd's questions. He stated that this doesn't change anything as
far as this county is concerned.
Hearing closed to the public.
On motion of Supervisor Gilman, seconded by Supervisor McKillop
and unanimously carried, the Board waived the second reading and adopted
Ordinance 1501 amending agricultural burning guidelines, and authorized
the Chairman to sign.
74-1498 PUBLIC HEARING: KARELY KASZA, PARADISE, APPEAL OF DENIAL OF USE
PERMIT FOR~BEAUTY SHOP
The public hearing on the appeal of Karely Kasza for denial of
use permit for beauty shop was held as advertised. Mr. Lawson gave the
background of the appeal. .This involves a garage that has been converted
to a beauty shop. Access to the property is quite restricted. Residents
in the area feel this would create a nuisance and they want to keep the
area strictly residential. The area is zoned A-2 Ltd.
Hearing opened to the public. Appearing:
Karely Kasza. Mr. Kasza explained that they would like to work
only on Thursdays and Fridays in this shop, which would not be advertised
nor would it have a sign. He explained that they have been working in
the shop but only for close friends and these people have not been charged.
He explained what he would do to accomodate the customers, which includes
arranging for more parking and oiling the road, which is very dusty in the
summer.
Page 311. October 8, 1974
___=====W==---October 8,=1974________________
Elizabeth Kasza stated that it was possible that two people could be
at the shop at one time but that the appointments would be two hours apart.
Discussion of conditions listed. There was no condition as to the
number of customers. Mr. Lawson stated that this is impossible to control.
James A. Lee, owner of property at the end of the lane, against the
permit.
David Ross, also an owner of property in the area, opposed the permit.
Discussion of available parking space. Supervisor Cameron stated that he had
driven out to the area•.and had no trouble parking and then backing out.
Supervisor McKillop stated that if the residents want to keep
businesses out of the area, they should initiate rezoning.
Richard Calbert, who lives next door to Kasza, read a detailed list
of observations and objections to the use permit being granted the Kaszas.
Hearing closed to the public and confined to the Board.
Supervisor Cameron stated that the traffic situation with this small
private lane bothered him. He reiterated that the residents should initiate
more restrictive zoning to protect their residential area.
On motion of Supervisor Cameron, seconded by Supervisor McKillop
and unanimously carried, the Board concurred with the Planning Commission's
denial of the use permit for Karely Kasza.
74-1499 PUBLIC HEARING WITHDRAWN: PLANNING COMMISSION INITIATED EXTENSION OF
INTERIM ZONE TO REZONE TO S-2 SOi7TH OF SYCAMORE CREEK, EAST OF COHASSET RD.,
WEST OF WILDWOOII AVE.. CHICO
Mr. Lawson explained that this interim zoning had been extended
twice and permanent zoning had not been initiated, therefore the Board
could take no action. The Board must.let the zoning lapse.
74-1500 .PUBLIC HEE3RING: PLANNING COMMISSION INITIATED RE20NE FOR NORTHEAST
CHiCO AREA FROM A-2 TO P S-1 AND S-2
Mr. Lawson explained the Planning Commission's recommendation and
pointed out the area to be zoned to the Board.
Discussion of need of sewers in the area. If this area is to be
developed, there will need to be a sewer system. Mr. Lawson stated that
a flight plan must be. considered also. The airport is considering extending
their 5,000 feet to 10,600 feet.
Hearing opened to-the public.
Appearing: no one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Giiman, seconded by Supervisor McKillop
and unanimously carried, the Board concurred with the recommendations of the
Planning Commission and waived the first reading of the ordinance.
Page 3i2.
October 8, 1974
______________l~c~oherH,=lg7~====_= W====--_-
74-1501 PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION INITIATED REZONE FROM
A-2 AND A-3 TO A-3 AR-MH P AND C-1 TOWN OF RICHVALE
Mr. Lawson stated that there had been an error in the old A-3
ordinance and they thought this would be a good chance to conform the area
to the General Plan. Supervisor Ladd expressed concern over the A-3 zoning
which allows agricultural-related uses.
Hearing opened to the public.
Appearing: no one.
Hearing closed to the public and confined to the Board.
Supervisor Ladd stated that he would like to put this decision off
for more consideration. Supervisor McKillop felt that if there was a problem,
the Board could come back and rezone the specific problem area later.
Discussion.
Matter put over to October 22 for Board consideration only.
74-1502 PUBLIC kIEARING: PACIFIC COAST PRODUCERS REZONE FROM M-2 TO A-3
The public hearing on the rezone of Pacific Coast Producers from
M-2 to A-3 was held as advertised. This area is south of Alice Avenue in
Palermo:. This property is to be used for agriculture and canning waste
(water): The Planning Commission vote on this was 7-0, with 2 commissioners
absent. There was no E.I.R.
Supervisor Cameron expressed concern that the water being dumped in
this,area would have fruit juices in it which would attract flies.
Hearing opened to the public. Appearing:
Edward Nettleship, representative of Pacific Coast Producers, stated
that this is the same method used in Gridley. 1'1r. Nettleship explained
that the amount of sugar and caustics in the water was very minutes. Any of
the solids will be screened out. This process has been checked by the State
and other agencies.
Supervisor Ladd felt this was the best solution for the use of the
waste water. It is recommended by the EPA,: and others. The water will not
be stored in ponds but used for irrigation.
Hearing closed to the public and confined to the Board.
On motion o£ Supervisor Ladd, seconded by Supervisor Cameron and
unanimously carried, the Board waived the first reading of the ordinance for
the rezoning from M-2 to A-3.
RECESS: 3:15
RECONVENE: 3:30
74-1503 REPORT ON LAKE MADRONE REZONE; WAIVE FIRST-FIRST READING OF ORDINANCE
Mr. Lawson stated that the Board had referred this matter back to the
Planning Commission. The Planning Commission stayed with their original
recommendation.
Page 313. October 8, 1974
October 8, 1974
Discussion of the store and restaurant at Lake Madrone. Supervisor
McKillop thought the house adjacent to the store and restaurant should also
be included in a commercial zoning.
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, the Board waived the first xeading of the ordinance,
with the two parcels containing the store, restaurant and house being excluded
by legal description, these two_.parcels_ao be zoned commercial.
74-1504 REPORT ON MAGALIA-DESABLA REZONE• WAIVE FIRST READING OF ORDINANCES
This had been referred back to.the..Planning Commission for further
consideration. However, the Planning Commission stayed with their original
recommendation.
Discussion of action already taken by the Board.
On motion of Supervisor Cameron, seconded by Supervisor McKillop
and unanimously carried, the Board waived the first reading of the ordinances
zoning portions of the Magalia-DeSabla area TM-5 and TM-20.
74-1505 AUTHORIZE PLANNING TO USE F012M LETTERS SUBMITTEA BY BEPARTMENT OF REAL
ESTATE
Mr. Lawson received two form letters from the Department of Real
Estate which he thought might be. helpful in reviewing the matters of illegally
created parcels. These letters would put the applicant on notice that there
might be something wrong with the parcel. Mr. Lawson explained the contents
of the letters. The letters instruct the people to contact the Department of
Real Estate for further information.
Supervisor McKillop thought this would. be a better way of noticing
people that what is now being done. Mr. Lawson felt these letters should be
used with discrimination. He suggested that the matter go through the Sub-
division Committee and also through County Counsel`s office before being sent.
On motion of Supervisor McKillop, seconded by Supervisor Gilman and
unanimously carried, the Board adopted the suggestion of two form letters
submitted by the'=Department of Real Estate as a pilot program and stipulated
that the matter of sending the letters be approved by the Subdivision Committee
and County Counsel, with a report being sent back to the Board.
74-1506 INFORMATION ITEMS
Mr. Lawson informed the Board that SB 77 had been signed by the
Governor. This will necessitate a change in the county subdivision ordinance.
The bill will take effect March 1, 1975.
Discussion of changing the county ordinance. Supervisor Ladd would
like County Counsel to bring the changes to the Board for their consideration.
Supervisor Gilman would like the changes written in plain language instead of
code sections and would like it before the Board is presented with an amendment
to the ordinance.
Page 314.
October 8, 1974
October 8, 1974
74-1507 AUTHORIZED ADDED POSITION OF DRAFTSMAN FOR PLANNING DEPARTMENT
Mr. Lawson explained that they have fallen behind in their drafting
work. Mr. Nickelson explained that this had been discussed with Mr. Rackerby
and it is possible to provide the draftsman through CETA funds.
On motion of Supervisor McKillop, seconded by Supervisor Cameron and
unanimously carried, the Board authorized the position of map draftsman in the
Planning Department, to be funded through CETA.
74-1508 APPROVE TENTATIVE SUBDIVISION MAP RECOMMEN-E- FOR APPROVAL
Mr. Lawson explained that there had been 7 conditions on the map
originally but that the Planning Commission l:ad had second thoughts and had
added on 4 additional conditions. These added conditions included paving roads
and installing an extensive fire hydrant system. The Commission could nat
take official action at their meeting, however, because the applicant had left.
Supervisor McKillop felt the added conditions were above and beyond
what the Board has required of other subdivisions.
Forrest Young appeared to answer the Board's questions. He stated
the subdivider was willing and had prepared an agreement for an association
to care for the roads so they would not become a liability on the county.
-iscussion of the association and the voting. Supervisor Gilman
asked Mr. Young if they would agree to no furthex division in the subdivision.
Mr. Young stated that they did not object to having the map limited to no
further dividing.
On motion of Supervisor Madigan, seconded by Supervisor Gilman and
unanimously carried, the Board approved the following tentative subdivision
map with the added condition that the association agreement be approved on
a tentative basis, with an amendment to the agreement stating that there be
only 12 votes within the maintenance agreement, that the majority rules and that
the agreement must be approved by County Counsel, and with the condition that the
map be stamped with the notation that there will be no further divisions..
LORNA HEIGHTS SUBDIVISION
12 lots on the east side of
Garner Lane, south of Keefer
Lane, Chico
Owner: Robert F. Young Engineer: John H. Ashbaugh
11 Moraga Drive 717 5th Street
Chico, CA 95926 Orland, CA 95963
Pursuant to the requirements of Section 20.3 of the. Butte County Code, the
tentative subdivision map of Lorna Heights has bees reviewed by the Butte
County Subdivision Committee and the Planning Commission.
The Subdivision Committee and the Planning Commission recommends approval of
the tentative parcel map subject to the following conditions:
1. Deed to the county of Butte 30 ft. right-of-way measured from the centerline
of Garner Lane.
2. Denote on the final map all areas subject to inundation.
Page 315. October 8, 1974
October 8, 1974
3. Submit plans to the Public Works Dept. for approval and construct access
roads to RS7 standards.
4. Submit drainage plans to Public Works Dept. and construct necessary facilities.
5. Comply with all other regulations of the Subdivision Ordinance.
6. Deed to the County of Butte 1 ft. no-access strip at easterly terminus of
easement.
7. Provide the Health Department with soil and percolation tests on Parcels
6 & 12 for readjustment of lots i•f soil conditions show.
8. The maintenance agreement must be amended to state that there be only 12
votes within the association and that the majority rules, agreement being
subject to County Counsel's approval.
9. The map be stamped with the notation that there will be no further divisions.
74-1509 APPROVE TENTATIVE PARCEL MAPS RECOMN~NDED FOR APPROVAL
Discussion of Santos map. Mr. Santos stated that he had gift
deeded a 12 acre parcel to his children and had requested a parcel map-only
to insure that his children would receive this parcel. It was the decision
of the Board that since this was gift deeded there was no need for a parcel
map-
On motion of Supervisor McKillop, seconded by Supervisor Gilman and
unanimously carried, the Board approved the following tentative maps, subject
to the conditions, with the note that negative Environmental Impact Reports
have been filed, deleting the Santos map:
Zoned A-2
Durwood and Irene Sample;- AP 22-25-11 and 12, 3 lots, Grace Ave., between
Gridley-Colusa Highway and Justeson Road, Gridley. Engineer: Cook Associates.
Pursuant to the requirements of Section 20.3 of the Butte County Code, the
tentative parcel map of the above property has been reviewed by the Butte County
Subdivision Committee and the Planning Commission.
The Subdivision Committee and the Planning Commission recommends approval of
the tentative map, subject to the following conditions:
1. Deed to the County of Butte 30 ft. right-of-way from the centerline of
Grace Avenue.
2. Indicate a 50 ft. building setback line from the centerline of Grace
Avenue.
3. Provide minimum clearance required by UBC between lot line and structures.
A Negative Declaration regarding Environmental Impact was filed with the
County Clerk on Spetember 16, 197+.
Page 316. October 8, 1974
______________~ctober8,=1974 =_=====W =--___
Zoned A-2 Jack Loew, AP 44-40-07 6 11, 3 lots, Godman Ave.,
north of East Lassen Ave., Chico. Engineer: McCain
ASSOC.
Pursuant to the requirements of Section 20.3 of the Butte County
Code, the tentative parcel map of the above property has been
reviewed by the Butte County Subdivision Committee and the
Planning Commission.
The Subdivision Committee and Planning Commission recommend
approval of the tentative map, subject to the following conditions:
1. Deed to the County of Butte 30 ft. right-of-way measured from
the c°nterline of Lassen and Godman Ave.
2. Pay SUDAD assesmants.
3. Indicate a SO ft. building setback line measured from the
centerline of Lassen and Godman Ave.
4. Reserve an easement for possible road alignment as shown on map.
A Negative Declaration Regarding Environmental Impact was filed with
the County Clerk on September 16, 1974.
Zoned A-2 Ltd. Margaret C. Williams, AP 50-131-62, 2 lots, Sawmill
Rd., south of Nunnelly Rd., Faradise, Surveyor:
John W. Hamby
Pursuant to the requirements of Section 20.3 of the Butte County Code,
the tentative parcel map of the above property has been reviewed by
the Butte County Subdivision Committ°e and the Planning Commission,
The Subdivision Committee and Planning Commission recommend approval
of_ the 4entative map, subject to the following conditions:
1. Provide a 100 ft, septic tank free setback line measured from the
strum.
2. No further division of Parcel 2, until 60 ft. access has been
provided.
A Negative Declaration Regarding Environmental Impact was filed with
the County Clerk on September 16, 1974.
Page 3I7.
October 8, 1974
____====-W=-==October 8,_1974______________
Zoned A-2 Don R. Brown, AP 47-25-98, 4 lots, on Garner Lane,
1185' south of Keefer Rd., Chico. Engineer: D. R.
Roper
Pursuant to the requirements of Section 20.3 of the Butte County
Code, the tentative parcel map of the above property has been
reviewed by the Butte County Subdivision Committee and the
Planning Commission.
The Subdivision Committee and Planning Commission recommend
approval of the tentative map, subject to the following conditions:
1. Verify legal parcel.
2. Provide traversable access.
3. Provide an non-exclusive easement statement.
4. Deed to the County of Butte 30 ft. right-of-way from the
centerline of Garner Lane.
5. Indicate a 50 ft. building setback line measured from the
centerlin° of Garner Lane.
6. Provide permanent drainage solution as required by Public
~4orks or provide temporary drainage and minimum $100 per
lot.
A Negative Declaration Regarding Environmental Impact was filed
with the County Clerk on September 16, 1974
74-1510 APPROVE PUBLIC WORK5 ITEMS: ADOPT ORDINANCE N0, 1502
On motion of Supervisor McKillop, seconded by Supervisor Ladd and
unanimously carried, the following actior_ was taken:
1. Approved joint use agreement with Paradise Irrigation District
for various rights of way in the Paradise area and authorized the Chairman to
sign.
2. Waived the second reading of an ordinance establishing speed
limits on Maxwell Drive, Kelly Ridge Road, Lodgeview Drive and Royal Oaks
Drive, adopted Ordinance 1502 establishing said speed limits and authorized
the Chairman to sign.
3. Authorized the Rackerby Bridge repair by County forces subject
to Yuba County participation for its share of the cost; estimated cost of
total joint repair pra~ect is $25,000 to $30,000.
74-1511 APPROVE COMPLETION.~'REMODELING OF DATA PROCESSING DEPARTMENT
Clay Castleberry, Director of Public Works, reported on the remodeling
of the old library building for Data Processing. The work has been completed
and has been reviewed; he would recommend acceptance of said work.
On motion of SupervisorMcKillop, seconded by Supervisor Ladd and
unanimously carried, the Board accepted the work of Tandy and Sons for the
remodeling work for Data Processing, authorized the Chairman to sign the
Notice of Completion and instructed the Clerk to record said Notice of
Completion with the County Recorder.
Page 318.
October 8, 1974
______________Qc~ober $,=127====_______-___
74-1512 AUTHORIZE PURCHASE OF DRAFTING TABLES BY PUBLIC WORKS
CI3y Castleberry stated that they had received notice that the
State Division of Highways has surplus drafting tables for sale at $1 each.
He ~vou11 like authorization to buy 4 of the tables,
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, the Board authorized Public Works to purchase four
drafting tables at a cosy. of $1.00 per table.
74-1513 AUTHORIZE PREPARATION OF LETTER REGARDING LEGAL ACTION REGARDING
AUDIT EXCEPTION OF SERVICE ADMINISTRATIVE CLAIMS
Notification has been received of audit adjustment against adult
services administrative costs for the period July 1, 1968 through September 30,
1970 in the amount of $53,007. At a special meeting of the California Welfare
Directors Association, certain counties decided to institute legal action regard-
ing these audit exceptions.
Mr. Crisan, Welfare Director, requested that the Board allow them
to join with the other counties that are suing the State and Federal
governments in this matter, It is felt that the service plan'as filed was
rejected after an audit rather than as a plan as filed. It is also felt
that the counties that have pro~;ided is now short 50% of the funds that
they are supposed to have. The contingency accounts set up are not adequate.
Dan Blackstock, County Counsel, stated that he feels the court costs
in this action will be minor and will be split among the counties participating.
Mr. Blackstock explained possible actions to be taken; so far, this is only
'..n the planning stage. The costs would probably be around $300 to $400.
On motion of Supervisor McKillop, seconded by Sugervisor Gilman and
unanimously carried, the Board authorized County Counsel to join with the other
counties in the suit.
Supervisor McKillop thought that a letter should be sent to Congressman
Harold "Bizz" Johnson to see if steps could be taken by legislation.
On motion of SupervisorMcKillop'- seconded by Supervisor Cameron and
unanimously carried, County Counsel was authorized to prepare a letter to be
sent to Congressman Harold "Bizz" Johnson regarding legislation to rectify
this situation; the letter is to be sent under the Chairman`s signature.
74-1514 ADOPT RESOLUTION 74-138 ORDERING COUNTY CLERK TO CANVAS THE VOTES
AT GENERAL ELECTION, ORDER APPOINTING PRECINCT BOARDS & DESIGNATING POLLING PLACES
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, the Board adopted Resolution 74-138 approving order
appointing precinct boards and designating polling places and ordering the
County Clerk to canvas the votes and authorized the Chairman to sign.
74-1515 AUTHORIZE CALL FOR BIDS-AERIAL TOWER TRUCK AND BACK HOE TRACTOR
On motion of Supervisor Gilman, seconded by Supervisor Cameron and
unanimously carried, the Board authoi.zed call for bids for the aerial tower
truck and backhoe tractor, bids to be opened at 2:30 p.m, October 25, 1974
in the Purchasing Office.
74-1516 AUTHORIZE INSTALLATION OF CHAIN LINK PENCE ENCLOSURE POR EQUIPMENT
AT DP LOCATION
Supervisor Ladd stated that there was a question as to whether more
fencing pas needed to enclose an air conditioning unit at the Data Processing
location, He felt that the amount should be increased $100 and have Dave
Page 319.
October 8, 1974
__-_-_____--=-==October=8,, 1974===___-_______
Davis decide if the fence should be built,
On motion of Supervisor Cameron, seconded by Supervisor Ladd and
unanimously carried, the Board authorized installation of chain link fence
enclosure for equipment at Data Processing building in the amount of $600.
74-1517 AUTHORIZE PAYMENT OF TRAVEL CLAIM
The Economic Development Director was authorized by the Board to
attend the preapplication conference with EDA in Seattle. Mr.Nicholson
had informed the Board that Mr. McElroy of Cook and Associates would be
accompanying trim to t'ze conference but specific approval for this travel
was not obtained. Mr. McElroy of Cook and Associates accompanied
Mr. Nicholson to Seattle for the conference and a claim has been filed
for payment of said travel.
On motion of Supervisor McKillop, seconded by Supervisor Ladd
and unanimously carried, the Board authorized the payment of travel claim
for Mr. 1.licholson, including the expenses of Mr. McElroy, to cover their
expenses of attending the preapplication conference with EDA in Seattle.
74-1518 BUDGET TRANSFERS APPROVED
Supervisor Ladd requested that more language be used on these
budget transfers so the Board members will know what they are for. The
numbers mean little to them.
On motion of SupervisorMcKillop, seconded by Supervisor Gilman
and unanimously carried, the following budget transfers were approved:
B-OI3 Manpower Program - this records appropriation for increase
in federally funded program per Modification ~~502 approved
by the Board on ,7uly 16, 1974. Total program $120,600.
B-014 Local Agency Formation Commission - transfers $400 from the
Reserve to the transportation and travel account
B-015 Paradise justice Court - $32 transferred £rom extra help to
overtime within the Paradise Court budget
8-016 Superintendent of Schools - $2,000 is transferred from the
438 travel account to the 439 travel account as this account
was not properly split when the budget was revised, Also
$1,200 is transferred from communications to extra help
as the adjusted budget failed to provide any extra help.
74-1519 INFORx`~ATION ITEM; OSHA COMMITTEE
Idr. Nickelson explained that there have been instances of employees
going directly to OSHA with complaints. At the department heads meeting, it
was decided that a committee should be appointed to check the buildings and
try to stay ahead of OSHA violations and to check complaints of the employees
of possible violations. This committee would be composed of a person from the
following offices: Building Inspector, Building and Personnel. No action
taken.
- Mr, Nickelson reported that the cost of medical care for illegal
aliens discussed this morning was $50,000,
74-1520 APPROVE DANCE PERMIT
The 20.30 Club of Chico wishes to hold a dance October 12th at
the Fairgrounds. Discussion of amending the ordinance requiring these to come
before the Board was held. No action taken.
Page 320.
October 8, 1S74
October_81 1974
On motion of Supervisor McKillop, seconded by Supervisor Gilman
and unanimously carried, theSoard approved a dance permit for the 20-30
Club of Chico to hold a dance October 12th, at the Fairgrounds, sub3ect to
the Sheriff's approval.
74-1521 ADOPT RESOLUTION 74-139 AUTHORIZING PURCHASE OF PROPERTY IN GRIDLEY
FOR LIBRARX PURPOSES
Mr. Nickelson reported on the intention to purchase property in
Gridley for library purposes. Mr. Blackstock explained the conditions
of the sale.
On motion of Supervisor Ladd, seconded by Supervisor McKillop
and unanimously carried, Resolution 74-139 authorizing the purchase of property
in Gridley for library purposes was adopted and the Chairman was authorized
to sign.
74-1522 APPROVE OPEN HOUSE FOR NEW OROVILLE LIBRARY
Mrs. Terry suggests dates for the Supervisors and Oroville
officials to attend the open house at the new Library as November 3, 17,
or 24, which would be a Sunday afternoon and would be a Sunday afternoon
and selection of date. Mrs. Terry explained that the open house is good
public relations. Discussion was held concerning the best day to hold
open house. Tt was the decision of the Board that November 24 was the best
date and that there should be no speaker.
74-1523 APPROVE APPOINTMENT TO DURI-LAM MOSQUITO ABATEMENT DISTRICT BOARD OF TRUSTEES
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
unanimously carried, the Board appointed Dave Hostetler to the Durham
.Mosquito Abatement District Board of Trustees, to fill the vacancy created
by the resignation of Gordon L. Brewster.
74-1524 DISCUSSION OF CHTCO LIBRARY SITE PROPOSED BX CHI CO CITY COUNSEL:
PUT OVER THREE::REEKS
Discussion of the Chico Library site proposed by Chico City
Counsel was put over three weeks at the request of Dave Rush. Re-scheduled
for October 29.
74-1525 APPOINTMENT TO AG BURNING ADVISORY COMMITTEE
On motion of Supervisor Ladd, seconded by Supervisor Gilman and
unanimously carried, Arthur Lindberg, P.O. Box 66, Richvale, was appointed to
the Agricultural Burning Advisory Committee.
74-1526 COUNTY COUNSEL ITEMS: REVISION OF DANCE PEIti~ffT ORDINANCE
Nr. Blackstock explained that the ordinance has not been modified
since 1952. It provides that the treasurer can give ;Cemporary license
but then it must be sent to the Board. Mr. Nickelson recommended that it be
changed so that it will not be necessary to bring these before the Board
unless the fees ~.re to be waived. County Counsel is to proceed with this.
Mr. Blackstock: stated that the report on Superior Court Building
architectural contract be put over one week; also report regarding proposed
meeting on water problem and a report regarding parking problem at Longfellow
brirge be placed on the agenda for Tuesday, October 15, 1974.
RECESS: The Board recessed at 5:35 p. m. to reconvene on Wednesday, October 9,
1974, at 9:00 a.me
Page 321.
October 8, 1974