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December 2, 1475 STATE OF CALIFORNIA ) SS COUNTY OF BUTTE ) The Butte County Board of Supervisors met at 9;00 a.m. pursuant to adjourrment. Supervisors Cameron, t`Mdde"gore, McKillop, Richter and Chairman Ladd. 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. SEE STATEMENT FOLLOWING COMMUNICATIONS. 75-1975 APP On d-btion of Supervisor McKillop, seconded by Supervisor Cameron and unanimausiy carried, the minutes of November 25, 1975 ware approved as mailed, with the correction on Page 391, first paragraph, to state that Chairman Ladd that he would wait for an opinion from County Counsel, prior to voting an the matter. 75-1976 COMMUNICATIONS Donald W. Marjama, Paradise. Appeal is filed to the decision of the Butte County '~ ~ .~ p. V Planning Commission on denial of application for use permit for construction on property on Bille Rnad. Hearing set for January 6, 1976 at 1:30 p.m. Milford and Arline Voth, Chico. Objection is filed to the zoning of property (Trevers) from S-I to R-4, identified as AP 48-081-89. File in folder for the December 16, 1975 hearing. Bachman Engineering, Chico. Waiver of 7D day time limit on parcel map is filed on behaif of Jane A. Fugitt, AP 56-26-15. To be held until Planning Director is present to discuss letter. John L. Luvaas, Jr., Chico. Mr. Lwaas writes regarding proposed assessment district in the areaof Highway 32 and Sacramento Avenue and states that he is concerned O V • (p' t~ regarding legal requirements for formation and necessity for an environmental / impact report. Referred to County Counsel. Stanley Sedor, Oroville. The attorney files petition For order of release from require- ment of presenting claim and/or for determination that claim was timely presented l 0 O. 2"7' 0 in the matter of Warren D. Knutson. Discussed; this is not a claim. To be referred to County Counsel and insurance carrier. Superior California Senior Services, Inc., Red Bfuff. The organization recommends that ~~ p Edwin "Ed "Rounds be appointed as representative to their organization for Butte / D d • ~ County. Referred to Administrative Officer for study and recommendation. California Heritage Council, San Francisco. The Council urges the Board fo make ~' 0 ~ • ~~~ ~ demo) tionrt to CI f MickOelson, Admire strativte Officer, explained therequest. He will check to see if the property ~s still being assessed. County of Lake. The County sends copy of itesolution No. 75-323 urging the formation g~~ op, t3 of a joint powers agency to operate the Northern California Health Services 1J ~ Agency. To be discussed later in the meeting; make copy for Supervisor Cameron. Department of Water Resources. Director ltabie extends thanks to the Board for making ~ time available for their presentation on November 18, 1975. Final design I r• ~ program has been initiated and oonstntctlon start is anticipated for early summer Page 404. December 2, 1975 ~ ~. December 2, 1475 of 1976 with completion by the start of summer of 1977. He requests copy of the minutes of the November 18 Board meeting as they pertain to their presentation. Referred to Administrative Officer. Department of Transportation. I.V. Denny, executive secretary, of the Scenic Highway +00.00 Advisory Committee, writes regarding designation of scenic highways. Discussed; referred to Planning Department. U.S. Department of Labor. The Department writes regarding funding of the Public / 0 3 sd • p Service Employment Program for fiscal 1976. Referred to Personnel Director. Mr. Rnckerby stated that this is merely an alert; Butte County has enough funds tia~handle this program at this time. Ringel & Associates. This relates ro the special land division unit for the District Attorney's 1 f 3•p~. G office. Mr. Ringel urges the Board to set up the proper staff for the District Attorney. Put over until this matter is discussed later in the meeting. ~andow~ners petition the Board regarding the staffing for District Attorney's office. To ! ~ 3 pb~. be discussed later in the meeting. Continuing Care Services Section, State Department of Health. Invite the Board ro attend an open house for their new location. Oroville Title Company. Enclosed a Fetter from their underwriters regarding the matter ~ / 3 •~s~ ~'" of land divisions. Copies to be given to the Board members. City of Chico. They state that Councilman William Murphy cannot attend the Manpower Punning Council meetings now as they are changed ro Wednesday afternoons, rather 0 O , / ` .0 than immediately following the BCAG meetings. They thereforextominate Councilman Dave Murray to the Manpower Planning Council with Robert Thorn to remain as alternate. Letter read and discussed. It was suggested that this be referred ro the City Selection Committee for their consideration and concurrence. Discussed. See motion following communications. 75-1977 STATEMENT BY CHAIRMAN LADD: ACTIONS TAKEN BY BOARD MEMBERS AND THEIR CONDUCT AT MEETING OF NOVEMBER 25, 1975 C airman a ma e f e owing statement: "Gentlemen: I have received a number of phone calls and seve~b~ personal contacts critizing me as Chairman for permitting what went on at last weeks board meeting. One board member seemed obviously not in control of his faculties and in no condition ro sit on board. Butte County citizens were viciously maiigned, threatened and insulted as were county employees. One citizen was even threatened with his boss just for coming before the legislative body of Butte County and respectfully giving his opinion an an agenda item being considered. if this was the first time for this type of conduct it could possibly be ignored, but it is not. It obviously has gotten worse over the past several months. I am sure the image of the Board of Supervisors has sufFered a great amount as has the individual members of the board. It is with great reluctance that I bring this up now but in the interest of Butte County I feel I must. I want to make it clear in advance that as Chairman I do not again intend to continue a meeting under like conditions. Last week had I used the gavel, recessed or adjourned the meeting he and possibly others may have thought it was because of the item being discussed. Therefan: I want ro make it clear in advance #hat I think all board members have a responsibility not to be a part of any such conduct, and as one board member, I do not intend to. Page 405. December 2, 1975 ~"` ~ December 2, 1975 I would ask and hope #hat Supervisor Mad igan•tnake a public apology. It is imperative that all citizens feel welcome ro express their opinions ro the board without fear of insult, castigation and later reprisal. " Supervisor Madigan made a public apology at this time. Dan Blackstock, County Counsel, made comments at this time regarding the statements made by Supervisor Madigan last week. A member of his staff was slandered. Mr. Blackstock stated he could assure this Board that he has no connection with and does not own any lots and has not been involved in any lot splitting; he stated he would make this statement under oath. The matter of the Board's right to bring people before the Board by subpoena explained by Mr. Blackstock. 1'he Boord has legislative powers; they cannot try a n individual in public. Modification of how the questioning of the four persons who had been subpoenaed ro appear before the Board set out. Supervisor Madigan stated that there had been no Board action regarding the modifying of the manner in which the questioning would be handled. Chairman Ladd said he had not asked County Counselor his deputy what questions were going ro be asked; he did not have any influence on the modifying of the questions that were to be asked of the persons subpoenaed. Supervisor Madigan commented an the memo referred ro on Page 391 of the minutes of November 25th. Mr. Blacksrock stated he had received p copy of this memo in May of this year. Following a telephone conversation with Kert Leach, District Attorney, he Found that a carbon wpy of this memo had been sent ro one of the Supervisors. Mr. Blackstock stated that he does not represent the Board members individually; nor does he participate in any investigations~or them. Matter of conflict of interest explained by Mr. Blacksrock. Anew IawE:--: has been established about conFlict of Interest. Mr. Blackstock set out examples of matters that might be considered as conflict of interest on which the Board members vote weekly. Mr. Blackstock stated that with regards ro his giving an opinion on whether the Board members should vote on the investigation of lot splitting staff for District Attorney he will not give such an opinion. There now is a Fair Political Practice Board in the State. Under the law, this committee is directed ro issue opinions on conflict of interest. lie suggested that this question be given to this committee by the individual Board members involved. Supervisor Richter felt this was a goad suggestion. Supervisor Cameron gave a s#atement at this time. Fle stated he has never~~ been an employee of Mr. ib~pp; ne did pia pore advertising matters for him. Chairman Ladd said he certainlyddid not want to commit anyamct that could be a conflict of interest. hle felt it would be a goodiidea to attempt ro get an opinion from the Fair Polidical Practice Board . Mr. Blackstock stated there could not be Board nation on this request; each request for an opinion from this Board must be made by each individual Board member desiring the opinion. 75-1976 CONCUR WITH CITY OF CHICO ON APPOIN1'MEN7 OF DAVI: HURRAY AS MEMBER OF MANPOWER PLANNING COUNCIL On motion o Superv sor Cameron, seco ed by Supervisor Madigan and unanimously carried, the Board concurred with the City of Chico and approved the appointment of Councilman Dave Murray to the Manpower Planning Council, ro replace Councilman William Murphy, subject to the City Selection Committees confirmation. Page 406. December 2, 1975 ~"` ~"~ December2, 1975 75-1979 EXECUTIVE SESSION-INTERVIEW OF PERSONS INTERESTED IN SERVING ON OROVILLE CEMETERY SOAf4i~: TAKEN OFF e Executive Session to nterview persons interested in serving on the Oroville Cemetery Board was put over to Tuesday, December 9, (975. 75-1980 DISCUSSION: EMPLOYEE HEALTH INSURANCE PLAN: ADOPT PLAN B ~ a c e son, m n siratwe ~ car, exp a ne t a p ens raga ng the Employee Health Insurance. The County will receive a 12%dividend; there will be an increase in the insurance rates. It was suggested that the County keep the dividend and stabilize the premium. It was felt that the sharing of the dividend was desirable. Matter discussed. Plans suggested by Mr. Rackerby, Personnel Director, discussed. Following a discussion of the plans, the following ac#ion was taken: On motion of Supervisor McK111op, seconded by Supervisor Madigan and unanimously carried, Plan 8 for Employee health insurance plan was adopted, said plan set out os follows: It provides that the County will receive a cash 12% dividend for contract year 1975 and that the premium rate will be increased by (9% effective January I, 1976 and that this rate will be guaranteed for one year. That the $25,000 major medical limitation will be removed effective November I, 1975, That the dividend be usasli tc> offset the new County costs for rate increase and that the 12°k will also be applied to the 47 retired employees that are on the health insurance pion. 75-1981 IWAIVE SECOND READING OF SALARY ORDINANCE AMENDMENTS ADOPT ORDINANCE l647 On motion o pervisor Richter, seconded by Supervisor McKillop and unanimously carried, the second reading of the salary ordinance amendment was waived, Ordinance No. 1647 amending salary ordinance was adopted and the Chairman was authorized to sign, 75w1982 RETIREMENT ACTUARIAL STUDY NOT AUTHORIZED im c e y, rsonne rector, state tat a State Retirement System advises That the cost of conducting an actuarial study requested by the retired employees to implement the provisions of AB 803 is not $100 as previously estimated but will 6e $900. This includes miscellaneous and safety members. Cost of increase explained. Mr. Rackerby explained what would be included in the survey. It was moved by Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, that the County not authorize the retirement actuarial study as requested. CHAIRMAN LADI) WELCOMED THE GRIDLEY HIGH SCHOOL GOVERNMENT CLASS RECESS: 10:20 ALCONV13tTL: 10:35 75 P&ESENTION BY BUREAU OF RECLAFfeSTI(3N RB SHASTA DAM AND SACRAMEtITO RIVER Dave Coleman and Dave Shuster of the Bureau of Reclamation were present to speak regarding Shasta Dam and Sacramento River operations for the current year. Mr. Coleman presented a chart for 1974-75 which showed the actual storage, permissabie storage, minimum flood control space and the maximum control apace for the months of October through April. The range of the chart was 2,700 million acre feet to 4,500 million acre feet. Supervisor Richter questioned Mr. Coleman regarding bank erosion oa the Sacramento River that he had seen in a tour. Mr. Shuster stated that they have been studying the psobiem. The idea of releasing mere water for a shorter time to stop erosion vorlca in theory,~but the actual result might sot be desirable. Other factors, such as tributaries, enter Into it. - _ ~--.. ~ Page d07. December 2, 1975 ~`' ~~, December 2, 1975 _ G C G T- C C- C C~ C iC C¢ C---- -.1 C i- C C C Supervisor Richter questioned about how many acre feet Would be cut out by the installation of the Cobtonwood Dam. Mr. Shuster stated that this would increase protection greatly. He explained the flood control of Shasta Dam and the changes they have made in their release of water to help prevent excessive erosion and surface flooding. Shasta Dam would have zero release control if there was to be a 100 year flood, which is a flood that has only 1% chance of happening is a year's time. Mr. Shuster, using a chart, explained the preliminary proposal for new criteria far flood control under consideration. An overlay was presented that indicated the current method and the proposed method which ahawed a great difference in the flood control practices. Another overlay showed the flooding figures for 1975 and Mr. Shuster explained the correla- tion between those figures and the new criteria, which would have allowed approximately 500,000 more flood control apace. They are operating under this new criteria although it has not yet been formalized. Mr. Shuster explained that the Shasta Basin is so large that it is very important where storms hit. They want to do more study on this facit before the plan is formalized. Mr. Shuster explained the matter of water that would be available during dry cycles far use by farmers. He explained that they have a leeway of 200 million acre feet for this purpose. They can operate through the dry cycle end not pu't a deficiency on the farmers. Mr. Shuster presented other charts showing the Sacramento River at Bend Bridge, Redding and Colusa which showed what actuail~+ happened, what would have happened without Shasta Dam and the new criteria. These figures were for the March, 1974 flood. Mr. Shuster also presented a chart showing forecasts fox Shasta fox 1975-76. Mr. Coleman left copies of the charts with the clerk For the Board's information. He summarized the progress on the drainage and seepage problems of the Sacramento River and what is being done by their department and by the state. He feels they should be able to come to a mutual solution to the problems. Chairman Ladd thanked Mr. Shuster and Mr. Coleman £or their presentation. 75- 984 APPEARANCE: BOB JONES MANA ER OF BCEA RE HEALTH INSURANCE Mr. Jones commented on the item before the Board regarding health insurance for the employees. The New York Life Insurance Company has advised the county of a 12% premium dividend for contract year of 1975. They have also advised the county that due to inflation and based on trends, the premium will increase 197.. Mr. Jones rgquested that the dividend be divided equally and 3 that the employees sot be required to pick up the cost of the 19% iacrea4e. No action takes. ^ . - -- . - -- .-- - - . V . , . 75-1:985 REPORT BY GEORGE STAMM RE SACRAMENTO RIVER AT BENNETT ROAR Mr. Stamm stated that he had taken a tour of the Sacramento River for the semi-annual inspection of the bank end flood protection. One of the sites looked at was the end of Bennett Road, which fa a lengfihy rock protection site. A remark was made et that time that maintenance should be done at this site. Mx. Stamm suggested that the maintenance can be done three ways: byathe property owners who benefit from the site; by the county, which weuld form a maintenance district and tax the people for the maintenance; by the state which would also form a district sad tax the people. Se recommends that the people contract to do the Nork themselves. He feels this ie the least expensive way to go. . ~ -page 408. .. _. _ December 2, 1475 ~', ~'+.. December 2, 1975 Mr. Blackstock questioned lfr. 8ta~ as to whether the state would would allow the work to be done by the property owners. Mr. Stamm felt that it would be acceptable to the state since the county is responsible in the long run. Discussion of action the county could take in case the property owners did not comply. Mr. Stamm explained that the maintenance would be rodent control and weed spraying sad should not amount to much. He feels the property owners would be wi113ng to do the work on a contract basis. Mr. Stamm wen instructed to contact the property owners regarding the proposal and report back to the Soard. Recess: 11:30 fox an executive session. Reconvene: 12:1b Chairman Ladd stated that litigation had been discussed and that there was nothing to teport at thla time. Recess: 12:11 Reconveneds 1:30 75-1986 CONTINUATION OF HEARING: FORMATION OF SACRAMENTO AVENUE ASSESSMENT DISTR[CT ie continuation of hearing on the formation of the Sacramento Avenue Assessment District was held at this time. Supervisor Richter stated he had read the letters of protest and the minutes of the last hearing. It was his feeling that there is a critical problem of drainage in that area. IVbst of the protests were from the Oaklawn and Bidwell Avenue areas. This area could be by-passed and the district formed for the balance of the area. There are problems with the Safeway Store location and the apartments on Highway 32 drain ionic Highway 32. Supervisor Richter felt the Boarcl would be derelic};ptheir duties if they turn down the funds from the State for drainage on Highway 32. We has requested that the Stewart Avenue area be included in the distridt. Mr. Castieberry stated that the State intends to parciticpate in the drainage for highway 32; the drainage ~rould have to come before the realignment work. Formation of the district discussed. [:vercl McCain set out the area ro be covered by the district. If the County goes through the Turner property, this property could be drained also. Mr. McCain suggested that the Turner property be included in the district. Hearing opened to the public at this time. Appearing: I) Mr, Bill Purden, he stated that there has been no ElRsubmitted on this district. By putting in sidewalks on these streets, the County will be wasting a lot of land, was his feeling. Formation of the district opposed by Mr. Purden. 2. Mr. John Stutz, speaking an behalf of Mr, Dalke, Hwy. 32, Chico. he was wondering why this property had not been included in the district. Mr. McCain stated he was included in the district. Mr. Stutz spoke in support of the district. 3. Mrs. Kay Whttney, 740 Bidwell Drive. She spoke regarding the widening of Stewart Avenue. It was her feeling that improvement to roads should be made according ro need, Stewart Avenue is impassable] she felt it was a very bad street, 4. Mr, Robert Sampson, Chico, Spoke in Favor of the district, Mr. purden, speaking again, stated that the County should have the facts concerning the costs to the taxpayers if this district is formed. When people know what they are going io have io pay, then they might think differently. Meeting confined to the Board. page 409. December 2, 1975 ~ ~': December 2, 1975 It was stated that this hearing has not been closed to the public. This meeting is just to determine if there is a public need. It was felt that there should be a hearing in Chico to give the residents a chance to have their input into the formation. Chairman Lucid said that in his opinion, the decision hos to be based on the feeling of the people. It was stated that the State has stated that they would not build the Highway 32 project if the drainage is not taken care of by this district. It was the feeling of the Board that a hearing should be held in Chiw, Hearing set for January 7, (976 at 7:00 p.m. in the Chico City Council Chambers; this will be subject to change. Hearing continued to January 7, 197b at 7sOD p.m. 75-1987 AUTHORIZE DISTRICT ATTORNEY TO HIRE ATTORNEY AT STEP E OF SALARY RANGE to replace the deputy in the Ghico office. The deputy in the Chico office has resigned. This man would 6e the senior man in the office with a great deal of responsibility for the operation of the office. Mr. Leach explained his request. Ha has felt he should attempt to secure a man in that office who is qualified to work on his own. The roan will have to direct the operation of the office. This man should be a career prosecutor. He had received a list of I8 men from Mr. Rackerby; some are well qualified. Letters recommending this man presented to the Clerk far distribution ba ~ $oarcl members. Qualifications of this man set out and discussed. Mr. Leach Felt this was the type man that could get the job done; he is a real professional. Mr. Nickelson explained why he opposed the hiring of this attorney above the other deputies in the office. In the personnel rules, an employee should be hired at the first step of the salary range. To hire above the first step, the Personnel Director has to state that he cannot recruit anyone at the first step. Supervisor Richter said he did not think should have a rule that would prevedtt the County from getting the best qualified person. Mr. Raekerby read the n11es, Sec. 6.14 of the Personnel Rules and Procedures, that governs the hiring above the first step of the salary range. Request discussed. It was invved by Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, that Ken Leach, District Attorney, be permitted to hire this attorney at Step E of the salary range, with the understanding that this is an exception ro the hiring rules (Sec. 6,14 of the Personnel Rates and Procedures). 75-1988 AUTHORIZE ITEMS IN HEALTH DEPT. TO BE DECLARED SURPLUS PROPERTY v.~ uivnvn v. ~~rc~r~xn rrN n~nvt+, .vwnuev ur aapnmsvc ~.amcrvn aRa unanimously carried, a addressograph equipment - Speedaumat Mode! 2b05, Graphotype and file cabinet located at the Health Department was declared surplus property and the Purchasing Officer was authorized to dispose of the same. 75-1989 COOPERATIVE PERSONNEL SERVICES PAY & CLASSIFICATION REVIEW t over at t is time, to a put ac r iseussion of a ater ate. 75-1990 TRAVEL REQUEST APPROVED On motion of ~pervisor Cameron, seconded by Supervisor Richter and unanimously carried, the travel request of Public Works Director for James Anderson, grounds maintenance superintendent, to attend a course on sprinkler Irrigation systems in Norwalk December 16 through December 18, 1975 was authorized; total cost estimated at X63. Page 410, lecember 2, 1975 /'~` ~"~ December 2, 1975 75-1991 INVESTIGATIVE UNITS ON LOT SPLITS: DIRECT TO APPLY FOR GRANT TO CCC' J & UTILIZE PEOPLE ON SUBDIVISION COMMITTEE AND BRIAN RIX OF COUNTY COUNSEL OFFICE nvestigative units on lot splits discussed. Clif Nickelson, Administrative Officer, explained the costs for staffing. The attorney and investigator could ba included on the Manpower program. Fallowing documents reads Petition from residents of Biggs, signed by 45 property owners, in opposition to the unit. Letter from Oroville Title Company, setting out nvles for handling lot splits. Supervisor Richter set out why he supported the task force being proposed. There have been many letters received from people opposing this force; the fetters were sent out by Ben Culet. Next year the County has the opportunity to fund this project through CCCJ task funds. He set out his iustification for favoring the formation of task force to handle this problem. Supervisor Cameron made comments on some of the material supplied to the Board. lie was concerned about the direction the County would go in the staffing of this unit. He is not sure that the taxpayers are ready to spend the funds needed to handle this problem. He stated that there are people in the audience that would like ro speak on the matter. Don McAdams, Butte County Title Company, stated that the policy set out in the letter from Oroville Title Company is the policy that Butte County Title Company has followed since the enactment of the Subdivision Act. Mr. Bud McLemore, Paradise. Fie commended the Board, as an individual, on their views in this matter. !same property owners had been against the recording of the parcel maps; now find this is good protection. Fie is pleased that the County has guidelines that must be met. Supervisor Richter asked if it was possible to fund the attorney position with CETA money. Brian Rix, dpprry county counsel, could be assigned temporarily to the District Attorneys office. Mr. Nickelson explained how #his could 6e handled. Use of CETA funds discussed. Supervisor McKillop stated that if the Boar d was going ro speak to o task force, then should utilize the present employees. Mr. Rix has information that could be evaluated and brought to the District Attorney's attention. Supervisor McKillop felt the County should not go on a witchhbunt; should get to the ones that are the prime perpetrators. This is the action that he would prefer. He is not sure that the County has to lstcff dsyrntoff as Mr. Nickelson suggests. tie suggested that it 6e on a trial basis and that could transfer these people now and then talk of the funding later. The Subdivision Committee has much malarial that could be utilized. Supervisor Richter asked Supervisor NicKillop if he would support this issue if they applied to CCCJ far funding. Supervisor McKillop felt that would be the way to handle this matter. On motion of Supervisor Rich!®r,r~econded by Supervisor Madigan and carried, approval was granted to apply for a grant fo CCCJ for the next fiscal year, to handle the investigative unit on lot splits in the pistrict Attorney's Office, or iv utilize whatever funds are left over. AYES: Supervisors Madigan, McKillop and IR'ichter ABSTAINING: Supervisor Cameron 8 Chairman Ladd Page 411. December 2, 1975 lr~i December 2, 1975 Transfer of Brian Rix to the District Attorney Office on a temporary basis discussed. Mr. Blackstock stated that it would be up to Mr. Rix; Mr. Blackarock would have to obtain a r~lacement if Mr. Rix is transferred. He felt he could not afford to lose: one of his deputies. Mr. Blackshock stated it takes about one to twu years i+o train a mainin the areas of Planning, Air Pollution, etc. On motion of Supervisor Richter, seconded by Supervisor Madigan and carried, Brian Rix was transferred to the District Attorney`s Office on a temporary basis, if acceptibe to Mr. Rix, and any person on the Subdivision Committee that could be utilized would be transferred b the District Attorney's ofFice to work on the investisative units on lot splits. AYESs Supervisors Madigan, McKillop and Richter ABSTAINING: Supervisor Cameron and Chairman Ladd Mr. Mickelson was requested ro bring back suggestions next week about how to handle this utilization to county personnel. 75-1992 REPORT & RECOMMENDATION FROM THE BOARD'S BUILDING COMMITTEE ON PRELIMINARY PLOT PLAN & FLOOR'PLAN :SITE ACCEPTED & PRELIMINARY PLANS NOT TO EXCEED 34,000 SQUARE FEET . is a son presente a rough plan of the floor apace that would be needed for the new county building; site act out. The suggested site is across from the present Superior Court Building. Architects and Mr. Beaver present to discuss the plans. The building commiffee finally ended up with the concept that this would be a one~tory building. It would place 120 employees at this site. Concept of plan set out and discussed. Plans for parking would have to be developed. It was stated that the next step would be to hire someone to give the Board professional advice on what should 9o into the building. Present space needs set out. Suggestions of the building committee discussed. Chairman Ladd said he beiieved that most of the Board members had gone out and looked at the site. There is no disagreement with the proposed location. The building committee has been listening ro and considering a little different approach than what is normal. This concerns the proposal of Mr. Beaver to famish plans and specs to be put out to bid and also fumiahing a bid price, with the agreement that if they do not get the contract, then they would be paid far the plans and specs on a previously agreed amount. It was the committee`s Feeling that prior ro making a decision to reject~>< approve Mr. Beaver's proposal, that the Board should employ someone with expertise in the field, an architect, to finalize plans or prepare a schematic drawing or scheme. Supervisor Richter felt the Board should take action to approve the site. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the site in Thermalito across from the Superior Court Building was accepted as an acceptable site area for the new County building. The next step would be to decide on the person to prepare the plot plan. On motion of Supervisor MciCillop, seconded by Supervisor Richter and carried, the preliminary plans for the new county building should indicate, and not to exceed, 34,000 square feet for the needed offite space and the preparing of the preliminary pions for the building was approved. AYES: Supervisors Cameron, Madigan, McKillop and Richter NOES: Supervisor Ladd Page a12. December 2, 1975 ~: ~ December 2, 1975 RECESS: 4;30 RECONVENED: 4:45 Continuation of discussion of preliminary plot plan and floor plan for County building. Chairman Ladd explained why he could not support the above motion; he did not believe that it has been established a need for the increase in size. Size of building discussed. Appearing: Tom Fox, architect, stated that his office has been given a floor plan and site plan. Fla asked what the Board was after. Preliminary lay out of space needs for the various departments explained. Supervisor Richter explained that the plan shown could be changed; it merely set out the space needs for each department. Chairman Ladd said it was not the intent of the committee that the plans could not be changed. of Mr. Fox said he needed to determine the level~ervice needed from his staff. He stated he was confused as to what the County is trying to accomplish. He was bold that the Board Headed a professional to arrange the space that is needed. Supervisor McKillop said that the Board would like to have a preliminary plan, with suggestions from the architects. The preliminary plans could be examined and then the building could 6e designed. Tom Tannin, architect, asked if the shape of the building had to conforn to that set out by the County. No, this was merely ro show the space needs of the departments. Gene McF~arren, architect, stated this has been discussed at length. The Boanl has reached a concept of what is needed; now have to decide on the plans for these needs. He stated he wb67d be able ro have a description of what the Board want by next Tuesday. Mr. Nickelson requested that Mr. McFd+ran have the descriptions to him by Friday so they can be mailed io the Board members. Mr. Bever spoke concerning the plans. No further action taken at this time. 75-1943 BUDGET TRANSFERS APPROVED On mot ono Supervisor Ilop, teoonded by Supervisor Cameron and unanimously carried, the following budget transfers were approveds 8-63 -County 5ervlce Area No. 53 -Upper Ridge Structural Fire. Tnis transfers $575 from the reserve for Contingencies to special departmental •expense in the county service area budget .to cover filing fees until receipt of 1976-77 taxes, This transfer also sets up a loan receivable on the County's books in the same amount. . B-64 -County Service Area No. 26 - Thermalito Sewer Aevelopment - Phase II. This sets up a total of $1,784,5D0 in the service area budget based on program estimates and revenue sources and submect to approval by the TID Boaxd of Directors on December 2, 1975. Of the total .$808,000 is~ from the Farmers Home Admfnistration bond Loan and $976,500 from•the Farmers Home Administration grant. B-65 - Elections. This transfers $45.28 from office expense to equipment maintenance within the elections budget and is to cover unanticipated repairs on two used electric typewriters. 5-66 - Superior Court. This transfers-$1,000 from the reserve for con- tingencies to special departmental expense. This is to cover a set of Deerings California Codes for Judge Watt's chambers estimated at $986.86. Page 413. December 2, 1975 f"`, r^, December 2, 1975 75-1994 AUTHORIZATION GRANTED TO TEMPORARILY ASSIGN OVERFLOW HOMES PENDING LICENSING OF PERMANENT RECENING HOMES On motion o. Supervisor Kd+ op, sewn ed byi Supervisor Richter and unanimously carried, Welfare Directors request was authorized to temporarily assign overflow homes pending licensing of permanent receiving homes. 75-1995 AUTHORiZAT11E?N GRANTED TO ESTABLISH LINE (BIGLEY ROAD) AND APPROVE AGREEMENT FOR SALE INDUSTRIAL ACC€SS ROAD On motion o Supervisor igan, seco e y Supervisor Richter and unanimously carried, the following action was talcent I. _GrarttQd_:authocizatiorti-to establish line for Railroad Avenue Extension (Bigley Road) between Biggs and Gridley on Master Plan and to contact properfy owners concerning right-of- way acquisition based upon Assessor's land value. 2. Approved agreement for sale for industrial access road right of way acquisition, authorized Chairman to sign and authorized Auditor b Issue warrant upon demand of County's escrow agent on the following; Hans H. Lie, et al 0.086 ac. $185 No Impro. $185 total Project 23473-75-I 75-1996 ADOPT RESOLUTION 75-175 CLOSING WASHINGTON STREET AT SPRR-HOBO C recomme s c ossng o as ngton treat ~n were it crosses P r g t of way. Chico Uni{i~ad School District Board has written letter stating it had no objection to the Washington Street crossing being closed. On motion of. Supervisor Richter, seconded by Supervisor Madigan and unanimously corned, Resolution 75-175 closing Washington Street at SPRR-Nord was adopted and the Chairman was authori ~d to sign. 75-1997 APPROVE AWARD TO QUALIFIED LOW BIDDER FOR INDUSTRIAL ACCESS ROAD C ay Caste rry, Director o Pu is 4Vo , reporte to Boa on id resu is o EDA funded industrial access road, EDA Project No. 07-0I-01-554, Butte County Project No. 23473- 75-1. He also requested authorimtion for the expenditure of $162.00 for services. Request explained. On motion of Supervisor McKillop, sewnded by Supervisor Cameron and unanimously carried, award to qualified low bidder, Robinson Construction Company, was approved for the iddustrial access road, subject to EDA approval, and authorize d the expenditure of $162.00 fnr services. 75-1998 INFORMATION ~ DISCUSSION ITEMSs APPROVE LETTER OF APPRECIATION a Snowp owing po icy per is or memo 0 ovem r , exp ained. This item was put over to Tuesday, December 9, 1975, (b) Letter of appreciation to pick Stage, CALTRANS. Discussed. On motion of Supervisor McKillop, seconded by Supervisor Richter and unanimously carried, the Chairman was authorized to sign the letter of appreciation to Dick Stage, CALTRANS. 75-1999 REQUEST FROM SUBDNISION COMMITTEE FOR AN AMENDMENT TO BUTTE COUNTY CODE, SECTION 20-48 TO PROVIDE FOR ANOTHER DOCUMENT TO BE RECORDED CLEARING A CONDITIONAL CERTIFICATE OF COMPLIANCE: WAIVE FIRST READING Request from Subdivision Committee for an amehdment to Butte County Code, Section 20-48 to provide for another document to be recorded clearing a conditional Page 414, December 2, 1975 ;f"~ ~ December 2, 1975 certificate of compliance discussed. Bettye Blair, Planning Department, explained why the request was presented ro the Board. !t was felt that the amendment ro the ordinance is necessary. Dan B[ackstock, County Counsel, stated this would make the matter a little clearer. Mrs. Blair said planning would like ro direct those certificates of compliance that are pending to the BDatYi for action and then have County Counsel draft an amendment ro the ordinance, On motion of Supervisor McKll[op, seconded by Supervisor Richter and unanimously can-ied, the first reading of the ordinance amending Section 20-48 of the County Code was waived and P#anning Commission was authorized ro bring to the Board those certificates of wmpliances that have wnditions that have not been met. 75-2000 EXTENSION OF INTERIM P-Q FOR PROPERTY LOCATED ON NORTHWEST CORNER OF DURHAM-DAYTON HIGHWAY & MIDWAY DURHAM: NO ACTION TAKEN. e extension o intenm P-Q for property ocate on t e Wort west corner o Durham-Dayton Highway and Midway, Durham discussed. Mrs. Blair was requested to take a report to the Commission that this area should be taken infix the permanent mining. Supervisor Richter suggested for safety sake that a hearing be set for the extension of this zming. Supervisor Richter will approach the Planning Commission and suggest that this area be put into the P-Q zming. 75-2001 HEARING SETS EXTENSION OF INTERIM A-2 LTD. GENERALLY LOCATED WEST OF FEATHER RIVER BLJO(D. TO THE NORTH ETC. pu is ear ng was set r anugry b, 1476 at 1s30 p.m. on the extension of interim A-2 Letd;~ generally located west of Feather River Blvd., north of Georgia Pacific Way, east of the centerline of the Feather River ro the north and a portion of the east boundary of the Oroville City iimits. 75-2002 HEARING SETS EXTENSII~N OF INTERIM TM-2 PROPERTY LOCATED AT FOREST RANCH A pu is aring was set for Deeem r , at p.m, on t e extension o interim TM-2 for property set out in motion. On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, a public hearing was set for December 30, (975 at 2s00 p.m. on the extension of interim TM-2 for property located at Forest Ranch more particularly described as S~c. 5 & 6, T1+83N, R3E, and Sec. 31 & 32, T+E+GN, R3E, excepting the previously zanecf property described as the NE~of SEA and the SE~rof NEB of said Sec. 6 and the NW~of said Sec. 5 and also excepting ail property located within 350 Ft. of Hwy. 32 and also excepting Lot 2 of 'forest Ranch Unit ~I. " ,and County Counsel will stop the advertisement if it is determinejthat the zoning cannot be extended. 75-2003 AMENDMENT TO ORDINANCE NO. 475, SEC. 13 KNOWN AS BUTTE COUNTY ENABLING ORDINANCE & AMENDMENT TO ORDINANCE 1002 TO INCLUDE BONING DEFINITIONS DISCUSSEDz TO BE PLACED BACK ON AGENDA FOR JANUARY 6 Amendment to Ordinance No. 475, Sec. 13 known as Butte County Enabling Ordinance and amendment to Ordinance 1002 to include zoning definitions of "Building Areo, " 'Building site, " 'Lot area, "and "Parcel "discussed and placed back on the agenda for Tuesday, January 6, 1976. 75-2004 TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL APPROVED: WITH EXCEPTIO N OF PAULA NELSON MAP n motion o perv~sor amerun, seconded by Supervisor McKillop and unanimously carried, the following tentative parcel maps recommended for approval were approved, with the finding that they have been found to•be consistent with the Butte County General Pian and that negative declarations have been filed with the County Clerk, subiect ro the conditions, with the exception of the Paula Nelson map, which was continued one weeks Page 4i5. December 2, 1975 ~~. ~+ [lecember 2, 1975 „x~ed A-R Hiram J. Frost, AF 53-15-1~0, 2 late:, south of G.P, 5-B du/ac Aa lle toad, east e3f fit. ~,ibby Road, Paradise. Eng~eer: Jckh.'7 R. 8atsfoxd Pursuant to ~kt-e raquiremtnts of Section 20.3 aiE tkte Butte County Cede, the t-ntative pare°l map df the abo~ra ic2entifisd propr_XtY has been ra- viewe8 bx tze Butta County Subdivision Camm3t:.ee and the Plannn'.ag i;C~'Ri3530A. ~'he Subdivision Co~unittee and the Planning Commission recomsaend approvval of the tentative map, subject to the following coaditioass I. Provide traversable access and obta3.n an aneraachmsrxt permit. 2. Ho fnrfhex division until 60 ft. of access has been provided to the publicly mainteiaec3 road. ,, . .. Rote: 'his is t; parcel map o€ a parcel map. A L~egative Declaration Ragar~°iag Lnviroamsntal Impact was filed with the County Clerk on Noveaber 4, 1975. Sorsed P,-3 ~ A-2 Ltd. Tna3t Coast Orchards, Ai' S3-12-20, 33, S 45, G.P. a-F3 du/aa 3 to±s, »est eid° of Clark Road, son~~s of E13iatt RcaBr Paradise. Surveya~C: TfsieZ , Lippi rcatt Pursuant to fhe revu.~.re;,~nt3 of S~sction ZA .3 of the B;:tt+ County Code, the tentative paresS. map of tine abov~a ideal{11.ed pzopa~y has be~-n re- viewed by the Butts County 8u2adiyriflior. Committee and '1~:e Plazsnii~g D~partSent. .. ~ . The Subdivision Coimniwtee and the Planning Commmission r°commend approval of the t~eatztivs map, subject to the following conditipasc 1. Show a 100 €t. leach held €ree sQtback from the stream traversing the westerly portion of parcel 3. 2. Deed to the Cors~ty of Butte 90 ft. right-of-way from the ceate7clina o€ Clark Road. ~ •~. 3, need to the County of Butts 30 ft. right-of-~aay from the centerline of Elliott Road. +4. Yndicatr s 55 ft. building setbac3; from t~i.e centerline of Clad: Rd. 5. lndsaate a yQ ft. buildi~eg setbaa3s from the centerline of Elliott 23d. A I3egativa Declaration Regarding Bnviroramen~il Iirtrsact Yeas filed with ' the County Clerk on D1avZmber +~ ~ l~ 7S . Page 416. December 2, 1975 ~_ December 2, 1975 zcnca ~-2 su..s. PamAris, rp es-oa-ol, ~ lots, appz'ox. ~ G'.P. 1-5 acjdu to mil8 south of AsSabla on uumnLg Tto38, Sec 11, TisRb. int. Terrain T2sy, R3S. Suxvsys~x: Tnipl Lippincott Pursuant to the 5eaquireressts eg Section 20.3 of the Hutte CauatY Coda. the teatativs'para9l map o€ the zsove id~sntified p$-operty has been rm- at±swed by the Hotta County Subdivision Cormtittee az~d the P~.anniag Con~missian . The Subdivision Committee and the Planning Commission recommend approval of the te~itative map, sub~sct to tine fo23awiag canditions: 1. Qn fit:al lmap show r~ny area aver 30~ grade ea8 note that such area . is- unusable fbr septic t ars~t systems . ' 2. Show a 100 ft. 1$ach field i`res setback an both sides of the PG&E canal traversing Parcel 1. •. 3. Proof of water or place she statement on the crap as required by the Or3inanee . 4. Reed to the County of Hotta SO ft. right-af-~cvsYs 30 ft. as each • side of Humbug Raad. ~+ ~ 5. ri;8icatp a 50 gt. building setbac2s on each side o€ Humbug Raad. 5. Qbtain as encraacha~eat per~it. 7. Show the easas~nt for ttse BGS~ canal on thA'finai map. A r3egativs DaclaMatioa Fesg3rd~g Psnvironmental Impact wss filed with *..'ree County Clerk on November ~, 39 ?5. '£he Gp:naral Plan indicates two categories of open specs is eon-urban areas: 1) multiple use opmn apace and Z} parmzneat open space. Within the malt$ple use open space, laad•ia which the slope is generally lesa•than 258 but whici~ era not co~rered wi*~ valuable stands of timber, tYis G~aneral Flan states that theta is not er- p'zcted to bey any substantial demand for urbanization of phis land due to its lacation. Uses for waica it raay be suitable i.acludn, . rent are tiDt l~ted to: . ~latnrehed ~~ineral EAtraction - . ~rosifln ~coatrol Golf courses • S~~ildlifa hzbitat Private outdoor recreation Gzaaing Riding stables .. . Tree crops P1$nt n.ur3er~.es Pield Ctoas Pload control _ _. S~aic easements - Gz~ea belts ' 7.'he tinter s~vatain classification is intended far tchose areas vthich have value ids tisr}~nr p=aduaisig 8r'=ss, r~atsrshed areas, scenic asses, Y'~araational .areas Paid areas which by thegr charact°r and part{;.ulcer tcpaarapF:y raguisr spe.ial treatmart and protcectioa ts~ mitigate po- tential c'amags . RQsiderc*; al develnpraant in thas° as ens shs~ulz~ be ' confined to areas zrhexe the topography cF •»ise lsrd svi? 3 a21o*.r a miai- mum amount of d~tmaga by wad, of erosion, ailtatian , surgeon and ground taatWr pollution ar the des~cruotian of sc_nic ~d histarical areas.' density should be ca'ngiderad an the bssis o€ these factors a.~d ~aslg'ned ~igafast altexssatp use of the arras far timber pmduct• on, recreation and waters:~ed protgcticn . Page 417. cam r 2, )975 - f`` r`1 December 2, 1975 Zessad A-S C. {~T. Tx'_pP, AFB 72-23-3f, ~ loics, r_or`,.h of G.P. 1-4 c~u/ae Rutherfo:.d Lane. aaat of viya~dotte-A4iners Ranch ltcad, Oroville. Engiaezr: Graves,' Godd3.s, & Driscas? . Pursuant to brae requirements of Section 20.3 of the Butts County Code, 'tze teatett$ve gaxcel map of Che BlbpV'9 identified prooR~rty has been re- viewed by the Butte County 5ubdivisian Committee and the Planning Commiasian. The subdivision Committee and the Planning Cmnmission recommend approval of the tentative map, subject Co the following coaditicRSS_ 1. Show a 100 ft. leach field Erse setbacc above the oWID ditch,.$zsd ~ 5D ft. leach field free setback on th® lcaer side of the carsa].. 2. 5'itow a 50 ft. leach fitsld fret setback on both sides of the dr$inage way traversing Parcel 1. - 3. Proof of water or place the statement ca the map as required by the Ardinance. 4. Provsr?e traversable access. A Negative Declaraticzs Regarding Eavironmsata2 Inpact was filed with tit°_ Country Cluck on November 4, 1975.._._ _...... .._ "oned A-R Ph311ippe A. Laws, 2~P 35-23-~~, 3 ?ots, north ~ot G.P. b-~ du~ac ox+o-Eangor IiF>,~., west oi' i7yandotte M=aers' Rt~ACit Road. oravills. EnginAer: Graves, GedcLs, & Driaco3.l Pisrsuant to the xaqu3.reatents of Section 24.3 0¢ the fiutte Gottnty CCde, t'rse teat~ative parcel map of the ahnve 3dentii'ied property has been re- viewed by °:tt8 Batts County Su'+division Coasnittse and the Planniaq t.°At?t[YIiSa laE The Subdivisiaa Committee and the 7Planning Ccmanission rec~+*~*+d appro'va? of the tentative map, subject to the fol].oso3ng eandi~.oaa :. 1. Show a 50 ft. leach field free setback on both sides of the draw traversing Parcel 1. 2. Proof of water ox place the stater+~nt as the map as required by . the Ordinaaca . 3. Verify legal access. . ~. Provid. traversable access. ._:+~ . _, a. Prcvid° a cul-de-sac at film end ©g the easement. Mote : '''tYis is a parcel mtep of a parcel map.. A cdegativa Daclaxation Regardl3Sq Eavirotztaestal rmpac't Bras filed with the County ClerY. on November 4, 1975. Poge 418. December 2, 1975 -~"'~ r'~ December 2, 1975 75-2005 TENTATIVE PARCEL MAP OF JANE FUGITT: REFERRED BACK TOSUBDIVISION COMMITTEE. On the Jane Fugitt tentative parcel map recommended for denial, a request has been received for an extension of time. Map discussed; referred back to the subdivision committee for sbdy. 75-2006 DISCUSSION: KENDAtL ENGINEERING ~ PLANNING: REQUEST TO CONSIDER ~ .:,;., CONDITIONS NO. 3 & 6 OF THE ORANGE GROVE SUBDIVISION ' ' rscuss on was on ! e n a ng neerrng on annrng request to consider conditions No. 3 and 6of the Orange Grove Subdivision. These conditions relate to the requirements of putting in curbs, gutters and sidewalks. Supervisor Richter and Chairman Ladd stated they had discussed this this morning with Mr. Stafford; he would prefer that the conditions not be enforced. Request discussed. The subdivider is requesting the deletion of the sidewalks. Mrs. Blair read the conditions; they require that curbs, gutters and sidewalks be put in on Leto Lane and Sharon Kay Streets and on the corner of 16th and Tehama. It was felt that where there is this type density, then curbs, gutters and sidewalks should be required, It was stated that if no action is taken at this time, then the conditions stand. No action taken. 75-2007 ADOPT ORDINANCE 1648, URGENCY ORDINANCE TO EXCLUpE THE CROWDER PROPERTY FROM THE ORIGINAL INTERIM zONING ORDINANCE Supervrsor c ter exp ai ne t e request o i ro er or re ief from fhe interim zoning on his property. This zoning has placed him in a difficult position. Copies of permits issued in October was set out by Supervisor Richter. He has complied with all the conditions and then was included in the interim zoning. His property is on the very edge of the zoning. Mr. Blackstock stated that the Board would hove to pass an urgency ordinance exempting him from the interim ordinance. The ordinance would state that this legal description should not be included in the original ordinance. Request discussed, On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, Ordinance No. 1648 , an urgency ordinance, to exclude the Crowder ~operty From the original interim zoning was adopted and the Chairman was authorized to sign. 75,2008 BUTTE COUNTY FIRE SURVEY & REPORT: PUT OVER ONE OR TWO WEEKS utte County Fire survey an report was put over one or two wee s or discussion. 75-2009 APPOINTMENT TO DURHAM IRRIGATION DISTRICT BOARD; PUT OVER ONE WEEK Appointment ro Dur am Irrigation rstrict Boa was put over one wee pt request of Supervisor Riehfer. 75-2010 DISCUSSION OF HEALTH SYSTEMS AGENCY 5upernsor ameron reports on lyrr ttl' a to en place at the meeting in Redding. The Board had instructed him to go for fhe' (oint powers agreement and get all the appointments to the governing body. The Committee agreed with the condPpt of the appointments. They will take this directive back to the two boards. The Northern California Supervisors Association Wresting is in Redding so he can offend the next meeting to be held by this group on December Itth. In the meantime, letters of intent have been filed. Supervisor Cameron stated he prepared the fetter of intent, wit Cou Counsel's help. Seve othe let age ~~. ~cem~er~,~`~5 .~"*, ,~ .. .., . December 2, 1975 intent have been filed. lie stated that if more than one application is filed, then they could be thrown back to the local regions and they will have to ha3sle out their own recommendation for the Health Agency. Matter of appointments explained by Supervisor Cameron. BY January 19th, applications have to 6e submiffed. Supervisor Cameron reported, also, on the Emergency Medical Services. The seven bounties to the P-lorth have already Formed their c~ernires. Yuba and Sutter Counties have voted and have agreed to go south. Butte County is at a point where they have to make a decision of whether not to do anything or to go With the seven northern counties. Matter put over one week for discussion. 75-2011 LETTER REQUESTING EXTENSION TO COMPLY WITH Cettye Clair states there was one other item. A letter has been received from Mr. Udovich requesting an extension to comply with the parcel map conditions. The map was approved in 1973; the conditions have to meet the requirements of the Health Departmenf. Problem explained and discussed. The present extention will expire the middle of this month. Dan Blackstock stated he wouid study the request and will report back ro the Boarcl next week if there is anything the Board can do for this man. 75-2012 AMBULANCE PROCEDURES: PUT OVER ONE WEEK D~scuss-on on am u ante proce urea was put over one week. 75 2013 MATTERS PRESENTED BY BOARD MEMBERS Supernsor igan a 'c a son what had been found out about the loss of funds in County Clerk's office. Mr. Nickelson stated that the Auditor was supposeito report back on this. Mr. Nickelson will request that the Auditor make a report on this matter next week. Supervisor Cameron requested that the matter of the Justice Court salaries be placed on the agenda for discussion. Mr. Blackstock will report to the Board next week on this matter. ADJOURNMENT: There being nothing further before the Boanl at this time, the meeting was adjourned at 6:30 p.m. to reconvene on Tuesday, December 9, 1975 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLER c By: ~ - airman of t e Boa a o Supe i ors Clerk page 420. December 2, 1975