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HomeMy WebLinkAboutM101276i ~~ ~. October 12, 1976 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Ladd, Madigan, McKil lop, Richter and Chainnon Cameron. Clif Mickelson, Administrative Officer, Jim Griffith, Deputy County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Clerk of the Board. Pledge of allegiance to the Flag of the United Stotes of America 76-1714 APPROVAL OF MINUTES On motion of Supervisor MaKillop, seconded by Supervisor Madigan, and unanimously carried, the minutes .of October 5, 1976 were approved as mailed. • ., . 76-1715 COMMUNICATIONS Kenda Engineering, Oroville. The engineers request a hearing before the Board // ~j• O S to discuss denial of the Oro Bills 'Subdivision Map. Set for hearing an October 2b, 1976 at 1:30 p.m. Bachman Engineering, Chico. The engineers, on behalf of Wiiiiam T. Heinrich, /,3 0 Sr appeal the Planning Commission's deterrgination that an Environmental impact Report be required fur a land division, AP 42-09-07. Set For hearing on October 26, i976 at 1;30 p.m. Graves, Geddis ~ Driscoll, Oroville. The engineers, on behalf of Sherman Johnson, / / •D S" request a hearing regarding a proposed parcel map, AP 27-29-04. To be discussed under Planning items. Lippincott Land Surveyors, Paradise. The engineers, on behalf William J. Beaseley, appeal the Planning Commission's recommended denial of a parcel map / i 3 •Q ~ ,• application, AP 58-20-49. To 6e discussed under Planning's items. Durham Recreation and Park District. The District requests appointment of Dwight ~ O O ~ S-~ Brinson and John Thorpe to the Recreation District Board as they were the only persons filing for office. See motion following communications. Mrs. Eleanor Zahnd, Paradise. Mrs. Zahnd writes concerning a use permit which ~~3 O d was issued for none-year period for a group home at 983 Wagstaff Rd., P~adise and expresses concern over reapplication procedures. Discussed; Board members felt they should hear this each year. Hold of this time. Minasian, Minasian, Minasian, Spruance 8 Bober. The attorneys, on behalf of Lake Madrone Water District, express concern for the operation of Berry r• ~ ~ Creek Dump and Transfer Station and asks that the operation 6e left open for at least several days each week. Discussed; this site will be open two days a week. No action needed. Gary T. Lippincott. Appeal Planning Commission's recommendation of denial of the parcel map for William J. Beasley. Read; na action taken. Petition. itesidents of Arrowhead Drive, Paradise, request the Board to accept this road into County system. Clay Castleberry, Director of Public Works, c~~ ~r 0 D stated that the developer did not really build the Road to County Page 210. ` October 12, 1976 r'* ~"~ October !2~ 1976 l ~d• specifications. There are certain things that have ro be done before the road would be acceptable. Mr. Castleberry to answer the letter. Petition. Residents of EI Monte Avenue from Highway 32 to East Eighth Street, including construction of a bridge over Dead Horse Slough, request that the bids on this road and project be rejected by the Board. Discussed; to be held over until Public Works Items. Summons and Complaint. Andrew Martin Taylor, Mary Taylor and Catherine Hutek vs Margaret Mitzel, County of Butte, Ken Brundage, et al. Referred to County Counsel. Ringel $ Associates. Appeal denial of Ellis Matthews variance to building setback on Almond and Cedar Streets, Paradise. Donald L. Solheim, Land Surveyor. Request consideration of tentative parcel map for Joseph Hughes. Hold over at this time. C. W. Bachman. Proiest determination of Planning Commission to deny tentative parcel map of Therman B. Walker. Hold over at this time. C. W. Bachman. Protest of action of Planning Commission on tentative parcel map of Errol H. Hall. Hold over at this time. Thiel E. Lippincott. Request for waiving of requirements of Public Works Department for street improvements for AP 51-IG4-43. This concerns his place of business. To be discussed later in the meeting. 76-1716 MATTERS PRESENTED $Y SUPERVISOR MADIGAN Supervisor Ma igan commence on t etter from P.G. & E. regarding possible sites. Letter from Congressman Harold "$izz"Johnson regarding House Bills dealing with aliens trying to get the Federal Government to do something about medical aid to these aliens. Supervisor Madigan would like to go through CSAC and then ro the National Association and push these bills. Letter given to Administrative Officer for handling. 76-1717 APPROVE APPOINTMENTS TO DURHAM RECREATION AND PARK DISTRICT On motion o Supervisom•fic ter, seconded y Supervisor Ladd and unanimously carried, Dwight Brinsorazmd~John Thorpe were appointed as members of the burhom Recreation and Park District, for four year terms, as they were the only persons filing for the office. 76-1718 ADOPT ORDINANCE 1762 SALARY ORDINANCE AMENDMENT On motion of Supervisor McKi op, seconded y Supervisor Richter and unanimously carried, the second reading of the salary ordinance amendment Has waived, Ordinance 1762 to implement the staff change approved in the Mental Health Services Program augmentation and to reclassify a vacant position in the Health Services Agency was adopted and the Chairman authorized to sign. 76-1719 APPROVE TRAVEL RE QUEST OF HEALTH DEPARTMENT Heat Department requests out rization or Maxine Kelly, Virginia Witt, and Judy pelgado to attend a conference of Child Abuse in San Francisco November 5 through November 7. Estimated costs $491. Request discussed. Felt that only two need to attend this conference. On motion of Supervisor Richter, seconded by Supervisor Madigan and carried, fHro people from the Health Department were authorized to attend a conference of Child Abuse in San Francisco November 5 through November 7, 1976. AYES: Supervisors Madigan, McKiNop, Richter and Chairman Cameron NOES: Supervisor Ladd ~ October 12, 1976 Page 211. ~, r"~ 7b-1720 APPROVE JOINT POWERS AGREEMENT WITH GLENN COUNTY: COMMUNICATION SITE AT ST. JOHN'S MOUNTAIN An agreement wit G enn County has been developed for them to assist development of the communications site at St. John's Mountain with no outroF-pocket expenditure. On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, the joint powers agreement with Glenn County was approved and the Chairman authorized to sign. 76-1721 AUTHORIZE PURCHASE OF REFRIGERATOR FOR JUVENILE HALL T e remo e e space a ocate or a re rigerator at Juveni a Hall wil I not accomodate the existing freezer. It will therefore be necessary to purchase a smaller refrigerator for which one has been located at cost of $I,i23.60, includes trade-in value. Partial reimbursement is avoidable through the State Office of Food and Nutrition. Discussed. On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, purchase of refrigerator for Juvenile Hal I at a cost of $1,123.60 was authorized and juvenile hall superintendent was authorized to submit reimbursement application. 76-1722 REPORT ON CONSULTANT PROPOSALS FOR FOUR GENERAL PLAN ELEMENTS AND E.I.R. C~Ti~7vlickelson, Administrative Officer, reported on consultant proposals for four General Plan elements and the E.I.R. He contacted Clair Hill at Redding and they reffed the County to Sacramento to talk fro the planner in these matters. Representatives of the firm will come up and talk to the County about the plans for the four General Plan elements. Mr. Mickelson stated he had been set on the trail of .lames Campbell, an elderly man, who has done quite a few General Plans. Cities and Counties whose elements he has prepared were contacted and they commented on him quite favorably. Mr. Campbell was interested in preparing Butte County's four elements to the General Plan. Fie will come to Oroville on Wednesday, October 20th, to discuss the proposed plans. Clair Hill 8. Associates, reprosentative will be in Oroville on Friday October 15th, to discuss the proposal with the Board. Chairman Cameron appointed Supervisors McKillop and Richter to meet with these men, Clif Nickelson and Jim Lawson, Planning Director. Supervisor Richter stated it would be important and essential to have each Planner make comments on each element os to what their views are on the elements. Felt should •lv,v~, ;members of the committee appointed by fhe Board give their comments relative to the elements; Planning Director will also be requested to give his comments on the elements. Administrative Officer wil! give the message to the planning Director that the Board would like some comments from the planners and members of the committee on each element. 76-1723 ACKNOWLEDGE SUBMITTAL OF LIST: TIMBER Y.-IEI.D TAX (AB 1258) e ssor su mits ist - E. ize version wit contests parcels. Page 212• October 12, 1976 ~ ~ It was stated that the contested parcels will have to go to hearing. At this time, the Board only needs to acknowledge fhe list presented. County Counsel will give the Board o report on how~the contested parcels are to be handled. On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, submittal of List A-Finalized version with contested parcels was acknowledged. (copy attached to original minutes) 76-1724 APPROVE WATER QUALITY MONITORING CONTRACT A renews contract. r oter Qua ity Monitoring in County Service Area No. 4 has been prepared with Robert !.. Nevin, Consulting Engineer, Sacramento, at the same price as last year's contract, X3,565. This is for monitoring in Paradise pines; the water system and the wells. Time spent discussing the contract and work to be done. On motion of Supervisor Richter, seconded by Supervisor AMdigan and unanimously carried, contract for Water Quality Abnitoring in County Service Area No. 4 was approved and the Chairman authorized to sign. 76-1725 APPROVE ADDITION TO KENMAR RE5IDENTIAL CARE HOMES, INC. CONTRACT Ana ition to t e maximum expen iture un er contract wit Kenmar as been prepared to provide for increased costs due to an increase in the minimum wage from X2.30 per hour to $2.50 per hour. No additional appropriation is necessary as X1,730 can be transferred from Residential Rewvery Placements to cover this increase. Contract discussed. Supervisor Richter stated he receives many calls about Kenmar and he wondered if there was something that could be done about the operation. There are two facilities at this location. It was sugg3sted that the Health Agency Director could be instructed ro do an evaluation on this facility. Mr. Mickelson will carry this suggestion to Dr. Svihus to do an evaluation. On motion of Supervisor Ladd, seconded by Supervisor Richter and unanimously carried, addition to Kenmar Residential Care Homes, Inc. contract was approved and Chairman authorized to sign. 76-1726 CHILD HEALTH & DISABILITY PREVENTION PROGRAM: NO ACTION TAKEN T e Hea t Agency requests imp ementation o f i Heat an Disability Prevention budget approved by the State. The program is mandated by State law and is 100% funded by the State Department of Health. Included in the 1976-77 budget as approved by the state was an additional position of Community Health Aide to do outreach work. Outreach program discussed. It was felt that Dr. Svihus should explain the program to the Board. Action on this matter held at this time. 76-1727 GRIDLEY LIBRARY APPLICATION: DISCUSSEp ADMINISTRATIVE OFFICER DESIGNATED AS AUTHORIZED AGENT TO SIGN EDA PROJECTS Pu is war s requests approval of the grant application and the revised contract with Cook and Associates subject #o elimination of payment for all design Page 213. October 12, 1976 ~ ~"'~ __---_--_-_____= gctr.~be~1.2~19ZQ.====~~~~~_____ work not completed if EDA rejects project. Also requested is approval and authorization to file Notice of Determination that Butfe County is the lead agency. Discussed whether this should be filed at same time as the grant application for County Administration Building. Supervisor McKiliop said he would not like to have any other project proceed with the Administrative Building package. Mr. Mickelson said there were some basic policy decisions that he would like the Board to make, The Board has to designate someone to certify on the applications, Administrative Officer should be designated as the one to sign the applications. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, Administrative Officer was designated as the authorized agent to sign the grant applications for public Works Bill funds. Other protects were I fisted in Mr. Castleberry's memo. It was felt that the primary concern was the Administrative Building. There wil! be other agencies that will be putting in applications for use of these funds for buildings. Felt the County should proceed with the other applications and forward them for consideration, Administrative Building application discussed, It was felt that with Mr. Connerly going to Seattle he might be able to glean some information as to what is going on. Manner of processing the applications discussed. Administrative building application is ready excep# the breakdown of work and material costs. This will be ready by Friday. No action taken at this time. 76-1728 ADOPT RESOLUTION 76-165 AUTHORIZ#NG EXECUTIONOF PROGRAM SUPPLEMENT NO. 7 TO MASTER AGREEMENT RE FEDERAL AID SAFER ROADS DEMONSTRATION PROGRAM (RICHVALE EAST !Z/R CROSSING PROTECTION) On motion of Supervisor Ladd, secon ed y Supervisor Madigan and unanimously carried, Resolution 76-165 authorizing execution of program supplement No, 7 to Master Agreement re Federal Aid Safer Roads Demonstration program (Richvale East railroad crossing protection) was adopted and the Chairman authorizing to sign, 76-1729 WEST PARADISE ACCESS ASSESSMENT DISTRICT l;, STUDY CONTRACT: AGREEMENT APPROVED est Par ise access assessment district and study contract discussed. Mr. McCain has requested ~3,50i} for tha updating and doing the other things prior to the establishment of the district. Costs would then be placed on the district funds. On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, contract for the West Paradise access assessment district and study was approved and Chairman authorized to sign, with the provision that the costs be charged to the district when said district is established. 76-f 730 ADOPT RESOLUTION 7b-ibb DECLARING FOUR~VAY STOP AT NUNNELLY 8 SAWMILL ROADS AND AUTHORIZE NOTICE OF COMPLETION FOR lASSEN r AVENUE ~ PENTZ-MAGALIA IiWY. mn motion o Supervisor Richter,'seconded by Supervisor Madigan and October t2, 1976 Page 214. ~ n _____________~ October 12~ 1976 = ____ _____ unanimously, the following action was taken: I. Adopted I~solution 76-Ibb declaring four-way stop at Nunnelly and Sawmill Rands and authorized Chairman to sign. 2. (a) Accepted the work of J. E. McAmis for the reconstruction of Lassen Avenue from Esplanade to Bumap Avenue, authorized Chairman to sign the Notice of Completion and instructed the Clerk #o record said Notice with the County Recorder. (b) Accepted the work of Robinson Construction Co., Inc, for reconstruction of Pentz-Mogalia Highway at feather River Hospital, authorized Chairman to sign the Notice of Completion and instructed the Clerk to record sold Notice of Completion with the County Recorder. 76-1731 APPROVE RENEWAL AGREEMENT WITH CITY OF GRIDLEY FOR SUBSIDIZED TAXI 5F RV IC E On motion of Supervisor MelCillop, seconded by Supervisor Madigan and unanimously carried, renewal of agreement with City of Gridley for subsidized taxi service with pay retroactive to July I was approved and Chairman authorized to sign. 76-1732 APPROVE PONDEROSA WAY LEGAL ACCESS C ay Caste rry, Director o Pu Ic Wor s, and Chairman Cameron inspected the requested access on Ponderosa Way. 1f~ree conditions should be approved as suggested by Mr. Castleberry. Conditions set out and discussed. Property in question is in the Nimshew Road area. ' On motion of Supervisor Madigan, sewnded by Supervisor McKillop and unanimously carried, Ponderosa Way from Nimshew Ridge Read easterly 1850 feet was approved as a public access subject to and after: I. Verification of right to use Lot 12 and that width of 50 to 60 feet is available. 2. Road maintenance agreement is signed by all lot owners fronting on this section of road. 3. Road be graveled similar to voad off Nimshew Ridge south of Ponderosa Way. Subject to County Counsel's approval. 76-1733 DISCUSSED: ABANDONED VEHICLE PROGRAM SINCE CHANGE OF CO NTRACTO RS . Caste rry presented Board members information on the abandoned vehicle program since change of contractors. There have been no complaints in this matter. 51 vehicles have been picked up. No action needed. 76-1734 REJECT BIDS ON i:L MONTE AVENUE AND BRIDGE E me Avenue an Bri ge ~ opening reported on by Mr. Castleberry. It was Mr. Castleberry's recommended that the bids -be rejected. He will come back later next Spring with a report on the project. He stated fihat concrete costs have almost doubled. On motion of Supervisor McKillop, seconded by Supervisor Madigan Page 215. October 12, 1976 ~^ Ate, ____----~__~~~_Ostnlae~l2ti9ZfL===W~~-~_--____ and unanimously carried, all bids on the EI Monte Avenue and bridge were rejected and Public Works Director to write and thank contractors for bidding on said project. 76-1735 APPROVE REQUEST FOR WAIVING OF STREET IMPROVEMENTS ON BILLE ROAD FOR LIPPINCOTT PROPERTY Request or waiving o street improvements on Bille Road for Lippincott property discussed. Mr. Castleberry recommended that the improvements be waived. Use of the property will not change. Mr. L%ppincott could deposit a amount to handle the improvements when improvements are indicated for that area. Mr. Lippincott spoke on his request for waiving the requirement for the improvements. Fle stated that it would cause a hardship to him to comply with the requirement. On motion of Supervisor McKillop, seconded by Supervisor f~chter and unanimously carried, the Board waived the requirement of street improvements on Bille Read as requested by Mr. Lippincott, ' ~provlding Mr. Lippincott places in a fund enough to put in the improvements at a later date. Mr. Lippincott and Mr. Castleberry will meet and determine if it is feasible for Mr. Lippincott to comply with this motion. 76-1736 APPROVE COOK & ASSOCIATES PREPARING MODIFICATIONS TO PLANS OF GRIDLEY FIRE STATION FOR USE AT THE UPPER RIDGE AREA Mr. Castleberry stated that t e p ans r t Grid ey ire station could be used in the Upper Ridge area; he has received a proposal from Cook and Associates to modify the fire station if the Board wants to consider it. He has proposed a fee of $2,500 for plans up to bid opening if the County goes to Revenue Sharing funds. If the Hoard conc~irs with this suggestion, Mr. Castleberry will bring back the proposal next week. On motion of Supervisor McKlllop, seconded by Supervisor Madigan and unanimously carried, Cook $ Associates were authorized to prepare modifications to the Gridley Fire station for use in the Upper Ridge area. 76-1737 ACCEPT STATE FUNDING: CHILD HEALTH AND DISABILITY PREVENTION PROGRAM Dr. Sv:i us was present at t is time to exp ain t request oft Hea t Agency for implementation of the Child Health and Disability prevention budget approved by the State. Aides have been used more as an 'but-reach"function to counsel families. There has been a problem of the patients breaking appointments. The aide keeps at them about the importance of keeping the appointments. This is for the well baby program. Program discussed. On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, State funding for the Child Health and Disability prevention Program was accepted and authorized the addition of a Community Health Aide position. RECESS: 10:18 page 216. ~ October 12, 1976 ~*~ ~ ~, .. RECONVENED: 10;30 7b-173$ ADOPT ORDINANCE .f7.63 ESTABLISHING SPEfD LIMIT ON LARKIN ROAD On motion o Supervisor , secon e y Supervisor McKi op an unanimously carried, •second reading of ordinanceastablishing speed limit on Larkin Road was waived, •Ordinance 1763 establishing the speed limit was adopted and the Chairman authorized to sign. 76-1739 AUTHORIZE ADDITIONAL MANNING AND HAULING FOR MOUNTAIN STATIONS Pu is Wor s requests out orization to pay mountain trans r station contractor for hauling bins filled on off days by vandals and others breaking into ~ transfer station site. a75 per load including extra cleanup required. Mr. Castleberry said he was Looking for direction from the Board. It was his recommendation that these stations be manned two days a week. Recommendation discussed. It was suggested that the Sheriff hove a man to check the stations more often. The Sheriff has been called on already in this matter. Additional manning of these stations discussed. It was felt that one weekend day and one weekday should be set aside for these stations to be opened and manned. It was moved by Supervisor ~AclCll,lap, seconded by Supervisor Ri chter, and unanimously carried, that additional manning and hauling be authorized for the Mountain stations, until such time as the County has been able to work out a system to operate these stations. 76-1740 AUTHORIZE CALL fOR BIDS FOR NEAL ROAD OPERATION Mr. Caste rry suggeste t at t e aunty ca or ids for cost comparison of County vs. private enterprise operation of Neol Read site. Many of the collectors would like the County to keep the control. It was the feeling that the County should furnish the site and the contractor will do everything else in operating this area. Butte County would set the rates to be charged. An alternate bid could 6e written to keep the County out of the operation entirely. Bids could 6e in within 60 days. Mr. Castleberry will prepare the bid forms both ways so that the Board would have a choice. On motion of Supervisor McKillop, seconded by Supervisor Richter and unanimously carried, call for bids, to be in both ways, for the contractor to completely operate the site and also for the County to collect the fees, on the Neal Road site. 76-1741 DISCUSSION:'AMENDMENT TO OROVILLE TRANSFER STATION CONTRACT Pu 3c Wor s requests approve o trans er station contract amendment for franchise collecting snnth of County, insuring availability of collection to all mountain and rural areas, providing for other collector in area, and elimination of property tax cost for Oroviile Transfer Station. Mr. Castleberry explained the present operation. Operation of the station discussed. Mr. Castleberry stated that ht was present to obtain Board's guidance to relieve the property-tax for this service. The Oroville Transfer Station wntract would have to be amended. Page 217. October 12, 1976 r'", ~ ___-_--__~==--Octoberl2~ 1976==------_________ Mr. Castleberry stated that the Board could negotiate for a franch€se for this operation or do nothing. Would have to discuss a contract for this area. There should be one collector €n each area. In Mr. Castleberry's proposal, it states that the Oroville collector would not cross the line unless he had been inviled to go into another area. A few count€es have negotiated for this service. There is a 90~1ay cancellation clause in the present agreement. Proposed drafts of agreements presented by operators discussed. Chairman Cameron acid he would to look over the proposed drafts presented. It was felt this ahovld be placed back on the agenda for next week after looking over the proposed drafts. Mr. Castleberry sa€d he was concerned about the south County area. No action taken at this time; to be placed back on the agenda for Tuesday, October 19, €976. 76-1742 pLlBLIC HEARING: CONTINUATION OF HAROLD E. RUBY RECONSIDERATION OF TENTATIVE PARCEL MAP, EAST OF SCHOOT ROAD, LI/E OF FOREST RANCH The continued hearvng on a aro Rr y reconsi erat7on o tentative parcel map, AP 63-04-I€, 2 lots, east of Schott Road, northeast of Forest Ranch was held at this time. Jim Lawson, Planning Director, reported that this property is in an area that has been subdivided; there are many parcels in the area created in the past three years. Backgrovrad set out. Mr. Ruby has a 10-acre parcel and vrould Tike to split it into two five-acre parcels. It was stated that the Board cannot act on this map at this time; action would have to be delayed until Court allows maps to be acted upon. Hearing opened to the public. Appearing: Mr. Russ Croninger, Ringel & Associates, spoke at this time. He does not see anything wrong with the mop and felt that it should be approved. Supervisor Madigan felt the Board would have to set aside a special meeting to take care of these parcel maps and subd€vision maps. At this paint, the Ruby tentative parcel map €s €n a state of den€a€. Flearing continued to October 26, 1976 at 1:30, at which time the Board should have a pretty good idea whether action could be taken. Jim Griffith, deputy county counsel, suggested that the Board list all the maps and set one spot on the agenda far them each week. The people could check with Planning to ascertain when act€on can legally be taken on the maps. On motion of Supervisor McK€Ilop, seconded by Supervisor Ladd and unanimously carried, all maps to be I€sted on agenda each week, adding maps when necessary by Planning, and Board will take act€on when they legally can aet an the maps; Mr. Lawson will notify the people when action can be taken. L€st of maps to be attached to agenda, updated weekly by Planning, but not typed into regular agendo-pogo 21B. October 12, 1976 I~ ~, --________=~~-_Qct~a2,~,~47~====____~__~__-_ 76-1743 PUB tIC.HEARING: STEVEN J. 8(1RNS, ETAt-ABANDONMENTOF A 12 ft. ALLEY LOCATED EASTERLY OF LOTS 8, 9, II, 12 and 13, AS SHOWN ON MAP OF FINLEY TRACT,BOOK 6 of MAPS: ADOPT RESOLUTION 76-167 APPROVING SAID ABANDONMENT Public hearing on the Steven J. Burns request for abandonment of a 12 ft. alley located easterly of Lots 6, 9, It, 13 and i3, as shown on Map of Finley Tract, Book 6 of Maps at Paye 4, Butte County, State of Galifarnia, held as advertised. Hearing opened to the public. Appearing: No one. H ea ring closed to the public and confined to the Board. On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, Resolution 76-167 abandoning a portion of a highway was adopted and fhe Chairman authorized to sign. 76-1744 DISCU5510N: ;Po!~I,~A{3lSE.M~MORIAL HALL RATES Suggestion o t Para se moria Ha Committee relating to rates discussed. It was suggested by the Committee that the Veterans Council would be the one to sponsor movies. This would only be in the ease where an outside movie was brought in and they take the money from the proceeds out of the community. Mr. Nickelson stated he had discuss Phis matter with County Counsel. There is the question of whether this could legally be done. It was felt that this should be referred to County Counsel to be sure that this can be done legally. It should also determine how other halls are handling these matters. Matter taken under advicement; County Counsel to make a recommendation back to the Board. 76-1745 APPEARANCE: MR. HAROLD WELBORN: PARADISE LIBRARY BUILDI -.-.~ .~~•n.~.~, ..~~.~~~~~u~ .or me raraa~se ~.iorary ouuamg, stated he lad not received the balonc:e of the money owing him. The County still owes him aver $4,000. q special meeting was held in Sep#ember to discuss this matter. Change order No. 6 was authorized, due to a change in wage conditions. The contractor changed from Cal Trans wage scale that was paid, to Federal wage rates being paid. The second action taken on September 2nd by the Board was to. instruct County Counsel to write a letter to the man in San Francisco and specifically state thaf a change order had been granted to the contractor, Mr. Welborn ~:ecause of the wage change. Mr. Welborn read copy of the letter written by County Counsel on September 28, 1976, in which no mention was made of the change order. Jim Griffith, deputy county counsel, stated that Dan 8lackstock, County Counsel, should hear these comments being made by Mr. Welborn. He suggested that Mr. Welborn be allowed to return this afternoon and repeat the comments he was making. Matter put over until 3:00 p.m. to give Mr. Blackstock an opportunity to ~ hear Mr. Welborn s comments. pag® 219. October 12, 197G I'h r"ti ____._=~~==C~C!ciaberl2~.L97~=W W~=-=----------- 76-1746 APPEARANCE: WILLIAM HOLDING, MEMBER OF CITIZENS ACTION COMMITTEE Mr. William Holding, member of Citizens Action Committee, stated that last week the Board had agreed to hire a consultant to look over the other elements of the General Plan. He has talked this over with Chairman of the Committee, Mr. Geddis. They wonder if they wil I be spinning their wheels to consider their study of the elements. They were told to continue going through the elements as they have been doing and forwarding their comments to the Board. 7~5-1747 APPEARANCE: MRS. FRAN HOLCOMB,~' f:ES9DENTIALCARE HOME IN PALERMO Mrs. Fran Holcomb, residential care home operator in Palermo, state s e was angry with the way the residential care homes are handled. She expressed her opposition to the taxes placed upon her property. More control of residential care homes requested. County Counsel to be requested to study the matter of whether the County eon regulate the number of homes to be allovred in the County. No action taken on her request at this time. 76-1748-70UR OF JUVENILE HALL TO BE HELD AT NOON RECESS Tour of Juveni a Na discusse Tour to made during noon lunch brenk. 76-1749 APPEARANCJ:: ROSS CRONINGER ED WINSLOW VARIANCE Mr. Russ Croninger o Ringe 8. Associates, spo a concerning the variance requested by Ed Winslow and which had been denied. He had been told that he could make application for a re fund of fees. This has gone through the advertising and hearing procedures and was then denied. Ivk. Lawson set out the background of the matter. Mr. Blackstock had stated that a variance could mot be allowed in an interim TRzone. Mr. Winslow is requesting a refund of the filing fees, Supervisor Ladd felt this should be referred to County Counsel and determine if the Board could legally return the fee to Mr. Winslow. On motion of Supervisor Ladd, seconded by Supervisor MclCillop and unanimously carried, the request of Mr. Winslow for refund of application fees For a variance was referred to County Counsel for his determination in the matter. 76-1750 APPEARANCE: JAMES HANSON, OROVILLE James Hanson, rovi e, state tat quite some time back a group of people appeared before the Board and requested that the General Plan not be adopted in Butte County. He stated that if the County did not take Federal funds, the General plan would not be needed in the County. He said he would like the Board to consider getting rid of the General Plan and the acceptance of Federal monies . 76-1751 APPEARANCE: ED JOHNSON, BUTTE COUNTY DISPOSAL COMPANY Ed Johnson, Butte County Dispos~Company, as e i cou d before the Board this aftemoan to discuss the disposal business. Chairman Cameron told him he could speak at I :30, following the tour of Juvenile Hall and the noon lunch break. RECESS: I I :50 Page 220. October 12, 1476 ~'+ r""~ ~~ ~~ ~...CL'C'd.GYtYi~~13L~C~.SS${.~;S~CC...C.. RECONVENE: I:30 p.m. - APPEARANCE: ELtffiR JOHN50N. CHICO SUITE DISPOSAL. Mr. 3ohason stated that he would like to offer his services to the County sad Mr. Castleberry ~onceraing the refuse disposal problems. APPEARANCE: ED JOHNSON. BUTTE COUNTY DISFOSAL. Mr. Johnson stated that he had been agpoiated to represent the So13d Waste industry. Mr. Johnson stated that he would Tike to have an evening meeting to discuss the refuse disposal problems. 76-754 APPEARANCE: MELVIN MORRIS. S & M TRUCKING. Mr. Morrie asked where he would be if the County decided to franchise the refuse disposal people. Chairman Cameron stated that the Board did not know at this time but that they would dfscuss it next week. 76-I 76-! ; PUBLIC HEARING: LAWRENCE W. ACHESON - REZONE FROM "R-1" (SINGLE-FAMILY RESIDENTIAL) TO "C-2" (GENERAL COMMERCIAL) PROPERTY ON THE 50U1A SIDS OF EId.IOTT ROAD, APPROXIMATELY 400 FT. WEST OF SKYWAY, CONTAINING .57 ACRES, MORE OR LESS,-,PARADISE. The public hearing on the Lawrence W. Acheson rezone from "R-1" {single-family residential) to "G2" (general commercial) property on the south aide of Elliott Road, approximately 400 feet west of Skyway, containing .57 acres, more or less, Paradise was held as advertised. Hearing open to the public: Appearing: Mr. Lawrence Acheson, property owner. Mr. Acheson stated that he was for the rezone. Mr. Lawson stated Chat Mr. Acheson's property wen divided by two zones. Oae is "C-2" and the other part ie "R-2". The hearing is left open to the public and continued until October 19, 1976 at 1:30 p.m. EXECUTIVE SESSION: The Board recessed at 1:55 p.m. for an executive session to meet and confer. RECONVENE: The Board reconvened at 2:20 p.m, after an executive session concerning meet and confer. Nothing to report at this time. PUBLIC HEARING: M & T INCORPORATED - REZONE FROM "A-2" (GENERAL) TO "C-2" (GSftERAL"OOT~RCIAL) PROPERTY ON THE WEST SIDE OF ESPLANADE, APPROX. 270 FT. SOUTH OF EATON ROAD. CONTAINING_1.22 ACRES. MORE OR LESS. CHICO. The public hearing on the MS~f Incorporated rezone from "A-2" (general) to "C-2" (general commercial) property oa the west aide of Esplanade, agproa:imately 270 feet south of Eaton Road, containing 1.22 acres, more or leas, Chico was held as advertised. Hearing span to the public: Appearing: Na one. 76-I. The hearing 1s left open to the public and continued until Octaber.l9, 1976 at 1:30 p.m. PUBLIC HEARING: BUTTE TALLOW COMPANY - REZONE FROM "A-2" (GENERAL,) TO "M-2" (HEAVY INDUSTRIAL) PROPERTY ON THE NORTHEAST CORNER OF SHIPPEE ROAD & HWY. 99E, APPRO%IMATELY 8 MILES NORTHEAST OF OROVILLE, CONTAINING 22.85 ACRES, MORE OR LESS. The public hearing of Butte Tallow Company rezone from "A-2" (general) to "M-2" (heavy industrial) property oa the northeast corner of Shippee Road and Hwy. 99E, approximately 8 miles nasthwest of Oraville, containing 22.85 acres, mare or less was held as advertised. llr: Lawson set out background of thethe rem The Planning Commission voted.7-0-2ebeent.w ocrober r2, 1976 ~_ ~. October 12, 1976 _ _ ana=a_c~c-.-x~aaoc=a~~ a~~scoooas~a~,-~ E~earing open to the public: Appearutgs No.one, the hearing is left open to the public aad crnttiaved to October 14, 7976 at 10:30 a.m. PUBLIC HEARINGS EDWARD 8. BEERS AND TERRY L. GUSTAFSON - APPEAL OF PLANNING COMMISSION'S DETERMINATION TO REQUIRE AN }a1VIRONMENTAL IMPACT REPORT FOR SEWAGE OUTFACE FROM GO-UNIT APARTMENT COMPLEX ON PROPERTY LOCATED ON THE EAST SIDE OF MORSEMAN AVENUE, APPRORIMATELY 1120 FT, NORTH OF LASSEN AVENUE, CONTAINING 3 ACRES MORE OR LESS CO. The public hearing on the Edward 8, Beers aad Terry L. Gustafson appeal o£ Planning Caam~ission~s detexminatioa to require an Environmental Xmpact Report for sewage outfall from 40-unit apartment complex an property located on the east side of Norseman Avenue, approximately 1120 feet north of Lessen Avenue, containung 3 acres, more or less, Chico was held at this time. Discussion of the septic system had at thfs time. searing open to the publics Appeasings Terry L. Gustafson, property owner. Mr. Gustafson stated that he did net feel. that .ea EIR should be required for the property as there was a good deal of new construction going on in the same area. Mr.,Gustafson 6et•optt the different problems on the property such as drainage and water. Mr. Gustafson stated that the property was in the Shaeta•~rainage District and that emergency fire water was not now available but he was hoping to get water later oa. Hearing closed to she public and confuted to the Beard. On motion of Supervisor Richter, seconded by Supervisor McKillop and unanimously carried, the appeal is denied and the ERC committee is directed to consider the EIRs that have already bean submitted for that area. 754 HEeONFIRM DENTAL OF ORO HILLS SUBDIVISION MAP. On motion of Supervisor Madigan, seconded by Supervisor Richter and carried, the denial of the Oro Hills Subdivision map was reconfirmed. AYES: Supervisors Madigan, McKillop, Richter and Chairman Cameron. NOES: Supervisor Ladd. 760 PUBLIC HEARINGi RICHARD C. SMITH, ETAL - APPEAL OF PLANNING COI~fISSION'S APPROVAL OF A USE PERMiT FOB DON L. HARRIS FOR A 24-RUN COMMERCIAL DOG A~~• ON PROPERTY LOCATED ON TsE NORTHEAST SIDE OF HWY. 32 AT KENNEDY AVENUE, CONTAINING 2.20 ACRES. MORE OR LESS, CHICO. The public hearing on the Richard C. Smith, etal appeal of Planning Commission's approval of a use permit for Don L. Harris for a 24-run commercial dog kennel on property located on the northeast side•of Hwy. 32 at Kennedy Avenue, containing 2.20 acres, more or less, Chico was held as advertised. Mr. Lawson set out the background on the area. Hearing open to the public: Appearing: 1. Richard C. Smith. Mr. Smith stated Chat he is opposed to having a dog kennel across the street from him because it would create a problem with noise, odor, and hie property would drop in•ealue. 2. Mrs. Watkins. Mrs. Watkins stated that she was concerned about the pollution to the walla in the area. Mrs. Watkins also stated . . _•__~,. ~ ^that she was concerned with the ssaitatiaa problem aad oleo the noise. ~~ Page 222, -._........,.....~._.--•--------......_ _-._~.....- . Optober 12, 1976 ~ ~' ====~W----===S2sto~a~12t19Z~=________________ 3. Don Harris. Mx. Harris net out how the dog kennel would be rue, how the sanitation would be taken care of. Hearing cloned to the public and confined to the Board. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the appeal of Richard C. Smith, etal is upheld with the findings that the use permit is inconsistent with the General Plan. 761 HEARING SET: MR5, ELEANOR ZABND, PARADISE, itE: REAPPLICATION OF USE PERMIT FOR A' ROUP HOME 'AT 83 WAGSTAFF ROAD' PARAD25E.~ ,. A~hearing is set far November 9, 1976 at 10:00 a.m. to discuss the reapplication of use permit far a group home at 983 Wagstaff Road, Paradise. 762 PUBLIC HEARING 3ET: EXTENSION OF INTERIM "S-R-1" (SUBURBAN-RESIDENTIAL) A public hearing is set for November 23,•1976 at 2:00 p.m. to consider the extension of Interim "S-R-1" (suburban-residential) for property north of Pearson Road, on both sides of Cherry Lane, Paradise. 763 PUBLIC HEARING SET: EXTENSION OF INTERIM "R 1" (SINGLE-FAMTLX RE5IDENFIAI.} FOR PROPERTY LOCATED 90UTH OF GRAND AVENUE, WEST OF 12TH STREET, EAST OF 14TH STREET AND NORTH OF THE CENT' ERLINE OF SIERRA AVENUE__(NOW ABANDONED). THERMALITO, • A public hearing to consider Che extension of Interim "R-1" (singie- family residential) for property located south o£ Grand Avenue, west of 12th Street, east of 14th Street, and north of the cenCerliae of Sierra Aveave (now abandoned), Theraialito ie set for November 23, 1976 at 2;00 p,m. 764 PUBLIC HEARING SET: EXTENSION OF INTERIM "TM-20" (TIMBER-MOUNTAIN) FOR PROPERTY LOCATED EAST OF VILAS ROAD, APPRORIMATELY ONE MILE NORTH OF PONDEROSA WAY. C4BtASSET. A public hearing ie set for November 23; 1976 at 2:00 p.m. to consider the extension of Ynterim ^TM-20" (timber-mountain) for property 'located east of Vitas Road, approximately one mile earth of Ponderosa Way, i5 CohasEi~AT -.. ._. • -°. _.. _. C . _. ... ..-_ .... •_" OB On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, tentative parcel maps for the Board's consideration is caatinued until next week, October 19, 1976, a list of which is on file with the Clerk of the Board. On motion of Supervisor MCltillop, seconded by Supervisor Richter and unanimously carried, George H. Gilbert is appointed Chairman, Board of Zoning Adjustments. 767 DISCUSSIONS HAROLD WELBORN, CONCERNING FARADISE LIBRARY PENALTIES, Mr, Welborn asked that County Counsel write another letter to the State industrial Relations Board explaining that a contract Change Order had been approved on September 2, 1976 and that the penaitiea should not be assessed. Dan Blackstock is to prepare a letter and bring it back to the Board next Tuesday for signaL•uxea•- • . - ~ ^° ~ - . 7 -17f8 WITHDRAWAL OF BUTTE COUNTY FROM RCRC(REGIONAL COUNCIL OF RURAL COUNTIES) MEMBERSf€IP • Supervisor Madigan excused himself at this time from the meet3ng•• as he• isas••i'nvolved in• RCRG and did iiot feel that' he should be ~ conBidered _, •_, • . fn-this' matter " '°"• -~ ~ Oeto6er 12, 1976 ~"" ~"• October 12 1976 =oo~~~~a~~aaaoeec~=-~=c~mease=e-e...--~--mc_= Discussion of the coat of membership in itCRC set out at this time. ' ' Supervisor' McRiliop stated• ghat Fte. felt' the membership itt RCRC was a duplication of the Board ~s: membership -~.n :CSAE,. , Discussion of duplication of membership had et this time. On motion of Supervisor McRillop, seconded by Supervisor Richter and cerriad Butte County withdraws Its membership from RCRC. AYES: Supervisors Ladd, McKillop, Richter and Chairman Cameros. ABSTAIATING: Supervisor Madigan. DISCUSSION: APPLICATION OF FUNDS UNDER PUBLIC WORK BILL FOR CONSTRUCTION OF NEW ADMINISTRATION BUILDING. Gerald Lively, Administrative Analyst, set out the=procedures for"fiiing:the applibetios. '.Wi.thin five days•aftez receipt~o$_the- applicatioin~;,'~rhere'is~a deficiency report done and then the application is sent back to be filled in. Fourty five days after the application has:~been submitted the Western Regional Office puts together a list of projects far funding. The Regional office determines the ranking. Each application is scored on its merits. The long term benefits of the project will coast quite highly. On October 26, 1976 Seattle will start accepting applications. There will be five days advanced notice. 77Q PROVE CONFLICT OF INTEREST CODES. ' Oa motion of Supervisor McRillop, seconded by Supervisor Richter and unanimously carried the following Conflict o£ Interest Codes were approved: El Medio Fire District Up"hamoGemef ~t~ryti?~r}trict Richvale Irrigation District Bangor Cemetery District Reclamation District No. 833 Gridley-Biggs Cemetery District Drainage District No. l Kirnshew Cemetery District Drainage District No. 2 roville Cemetery District Drainage District No. 100 t'orodise Cemetery District pp ne Cree .~1~te tery District, T~ompson Iu~ C.ernefery District EXECUTIVE SESSION: The Board recessed at 4:15 p.m. for as executive session to discuss litigation. RECONVENE; The Board reconvened at 5:35 p.m. following an executive aessios concerning litigation. Nothing to report at this time. .COMMENTS SY'THE BOARD' RE: "'GRAND": JURY` REPOR~„ _ :` . Discuaeioa of the responses to the Butte County Grand Jury recommendations had at this time. FINAL REPORT OF THE 1975-1976 BUTTE COUNTY GRAND .U7RY Recommendation No. 1: The Grand Jury recommends a management and systems audit of all Butte County Department functions to be undertakes immediately by eontractiag with a firm which has demosatrated ezpertiae is the field"• of both Government sad private industry. This is in addition to the Mandatory Audit of Fiaaaciai traass loos. _•_• Comments of the Board: The expenses of an audit of ehis type would save mosey in.the long run. Yt is logical to pursue updating at this time due to the new Administration Building. Recommendation No. 2: Comments of the Board: The Board has authorised the recommendation. Poge 224, October 12, 1976 r'", October 12, 1976 _ _ _ _ Recommendation No. 3: Ca~ents of the Board: The Board does not concur with this recommendation. Maybe there should be prerequisites set for the Clerk, Recorder and possibly the Treasurer-Tax Collector. Recommendation No. 4. Comments of the Board: The Board will investigate the recommendation and possibly examine through a public hearing. Recommendation No. 5. Comments of the Board: Supervisor Richter moved that the Board look into exploring the Grand Jury recommendation oa a County wide basis for 2 months. Motion fails for lack of second. Our Soard was most divided upon this recommendation believing that there were equal merits, both for placing the funding into the County fire operations back upon the property taxeB where they used to be, and also in keeping the funding mechanism as it is currently handled. Recommendation No. 6: Comments of the Board: The Board concurs. Recommendation No. 7: Comments of the Board: The Board concurs. Recommendation No. 8: Comments of the Soard: The Board silonB$rera~.~n control of the 8xecutive Board.of 80C. Recommendation No. 9: Comments of the Board: The Board stated that the Health Agency is taking care of the problem of providing outpatient medical care for indigent persona in Butte County. Recommendation No. 10: Comments of the Boards The Board concurs with the comments of the Administrative Officer. Recommendation No, ll: Comments of the Board: The Board concurs with the comments o£ the District Attorney. Recommendation No. 13: Coou~ents of the Board: The Board concurs with the recommendation except by changing the war}i air conditioning to air circulation. Recommendation No. 14; Co~ente of the Board: The Board stated that the issuing of citations to persons arriving at the dump with uncovered loads should be left to the Sheriff and the Highway Patrol. Recommendation No. 15: Comments of the Board: The Board concurs with Public Works. Recommwadation No. 16: Comments of the Board: The Board is new complying with the SCate Law. Reconmeadation No. 18: Comments of the Board: Concur with the Public Works Director. Recommendation No. 19: Comments of the Board: No. Comment. Recommendation No. 20: Comments of the Board: The Board ie making s study at this time. Recommendation No. 21: Ca~ente of the Board: The Board stated that the practical. application should be pursued. ' Recommendation No. 22: Comments of the Soard; The Board concurs. ' ---...~_..__._........._...,_...~..._._,...........r-~~-----..~-.-__...._~_---------_~- --- _ ... .. _ ~ page 225. October 12, 1976 ~'* '^' Recormnendatioa No. 23: Comments of the Board: The Board concurs. Recommendation No. 24: Comments of the Soard: The Board concurs. Recommendation No. 25: Coanaents of the Board: The Board will cover th16 matter at this time. SPECIAL REPORT ON REGBNt~i. NARCOTICS TASK FORCE ~~ Comments by the Board; The Board concurs with the Grand Jury. The Board has seen fit to transfer this to the Sheriff's Aepartment. SPECIAL REPORT ON BUTTE COUNTY StEERIFF'S DEPARTMEN'P Recommendation No. 1: Comments of the Board: The Board stated that management study could dispell much of the problems. Recoa~endation No. 2: Comments of the Board: The Board stated that management study could dispell much of this -problem. Recommendation No. 3: Comments of the Board: No comment. Recommentatioa No. 4: Comments of the Board: The Board stated that the study now under way covers much of this problem. Recocaaendation No. 5: Comments of the Boards The Board stated that the solution is careful evaluation and then taking personnel action that is necessary. Recommendation No. 6: Comments of the Board: The Board riontvrs if the Lsw Enforcement Adviser would be completely utilized, Recommendation No. 7: Comments of the Board: The Board will keep them in mind. action. Recommendation No. 8: Comments of the Board: The Board concurs. Recommendation No. 9: Comments of the Board; Discussed; no action. Recommendation No. 10: Comments of the Board: M ecussed; no Recommendation No. 11: Comments of the Board: The Board stated that the committee should become more active and participate in the program, Recommendation No. 12: Comments of the Board: The Board stated that this is under the purview of the DistricC ACCOrney. SPECiAL~~tEPORT ON ILLEGAL LOT SPLITTING AND LAND FRAUD Recommendation No. 1: Commeaes of Che Board: This has already been done. Recommendation No. 2: Comments of the Board: The Board concurs with the Administrative Officer. Recommendation No. 3: Comments of t}:e Board: Discussed; no action. Recommendation No. 4:' Comments o£ the Board: The Board stated this has been improved. r"~"'"""'"""~' Page 22fi. _ ._,,..~...,---~---------.__- . __ .. ._ _ -. -- ~ __m,.-..,..__. - October 12,' 1476 ,~ Octoberl2~1976 _ __________~__ RecommendationNo. 5: Comments of the Board: The Board stated that Data Processing sad the of#ices involved are in the process of establishlag a working program. Recommendation No. 6: Commeats of the Board: The requirements of degradation of documeats is preempted by State Law. Recoamiendation No, 7; Comments of the Board: The Board concurs with County Counsel aad the District Attorney. APPOINTMENT T4 THE FISS AND GAME COPQiISSIO~T. On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, Frank Holder is appointed to the Fish and Gsme Commission. ADDITIONAL MATTER PRESENTED BY SUPERVISOR MADIGAtT, Supervisor Madigan stated that he resented the comments made about Senior Citiseas concerning the tickets for the Chico Clipper. Supervisor Madigan does not feel that senior citisene would fraudentiy try to obtain tickets. Supervisor Ladd concurred. RECESS: The Board recessed at 6:25 p,m. to reconvene on Thursday, October 14, 1476•at 5600 p.m. _RECOIIVENE: The Board secorrveaed at 5t06 p,u. on Thuredsy~ October. i4, 1476,_ Tilers being no~atte_{er~rett~~ the meeting was adjourned. ADJOURNMENT: T ere ing nothing further before the Board at this time, the meeting was adEoumed to Tuesday, October 19, 1476 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK ~~ ~ By: a i man o r e ar C er o t e Page 227. October 12, 1976