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HomeMy WebLinkAboutM010973January 9, 1973 STATE OF CALIFORNIA- ) . SS, COUNTY OF BUTTE ) The Board of Supervisors met at 9;00 a,m. pursuant to adjournment. Present: Supervisors Cameron, Ladd, kiadigan, McKillop and Chairman Gilman. Clif Nickelson, Adminis;.rative Officer, Dan Biackstock, County Counsel and. Clark A, Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. INVOCATION: Rev. E, E, Smith, First Assembly .of God Church, Oroville Pledge of allegiance to the flag of the United States of America 73-1 RE-ORGANTZATION OF THE BOARD Chairit~tt~ dl3man called the meeting to order for the purpose of re-orgari~ing the Board, The clerk declared nominations in order for Chairman for the ensuing year. Supervisor Madigan nominated Supervisor McKillop. The motion was seconded by Supervisor Cameron. The Chairman asked it there were any further nominations; there being no further nominations the nominations were closed, The Clerk was instructed to call the roll. The Clerk was instructed to cast a unanimous ballot for Supervisor McKillop as Chairman for the ensuing year. Supervisor Gilman px-~sented the gavel to.the new Chairman and relinquished the meeting to him. ~ 73-2 ADOPT RESOLUTION 73-1 IN APPRECIATION OF SUPERVISOR GILMAN r •~ ~" On motioil"of $upervisor Madigan, seconded by Supervisor Ladd and unanimously carried, Resolution 73-1 in appreciation of Supervisor Gilman's services as Chairman of the Board of Supervisors was adopted and the Chairman was authorized to sign, 73-3 APPROVAL OF MINUTES On motion of Supervisor Gilman, seconded by Supervisor ].add and unanimously carried, the minutes of December 19, 1972 were approved. with the following corrections:. w_ _ (1) Item 72-1532, indicate change order was for Paradise Pines Assessment District iNo,. 4 and 8; Page 474, Item 72-1558, to show that the Andreas Wippler tentative map,. had also keen approved; Item 1552-strike the word "help" before. pay for the system.' The Chairman was authorized to sign. 73-.• COMMUNICATIONS Walter E. Nelson, Forest Ranch. Mr. Nelson writes about the road running into ~pp,p V Robert E. Lee Drive and the one foot easement. which-the County has. across this road. Discussed. Clay Castleberry, Directar of Public Works will answer letter. John R. .and Gladys S. Dobson, Chico, The Dobsons write in opposition. to variance which was requested by Mr, Harrington on the west side of Cussic Avenue // 3~~ ~ at Shasta .venue, and came before the Planning Commission at their December 14 meeting, Discussed, County Counsel will report back on this matter. Mr. and Mrs. Jack Wilson, Pacifica. The Wilsons write to protest the policies of Butte County concerning the sale of tax land and the handling J! Z-.© v of prior taxes on such land, Discussed, Referred to D. C. Swinney, County Treasurer and Tax Collector. ' John T. Sims, Oroville. Mr, Sims requests hearing on the decision of the Planning Commission for rezoning five acres on the corner of Olive ~ ~ d v Highway and Canyon Drive, which was denied by the Comutission on 1 Thursday, December 14, 1972. Chairman McKillop requested that this. matter be referred back to Planning Commission for different type zoning. See motion. Charlotte Goldsmith, Chico.. A petition is filed, signed b.y approximately 46 persons, requesting that the County road adjacent to 510 Nord ~~d,t~ v Avenue remain open for. public use because it"is widely 'used by the " community, and because of its historical value. Supervisor Gilman requested time to view the site,- To be placed back on"next week's agenda, Jordan N. Peckham, attorney, .Application for leave to present late claim .on behalf of Susan Campbell is filed, See motion following communications. Page 478, ~ _ January 9, 1973 ~ . January_9= 1973 Watt and Leverenz, attorneys. An application is filed in behalf of Charles W. Wiggins and Loto Wiggins fora refund of taxes pursuant to Revenue and Taxation Code Section 5097. County Counsel explained this situationo Matter referred to County Counsel for a report back to the Board, Matthew E. Marsh, attorney. Mr, Marsh writes regarding the situation facing ~ p the ambulance operators in Butte County, and specifically in ~y~~' regards to payment to them under the existing ambulance agreement. Discussed; County Counsel and Ev Bosworth will answer letter, Bach and Bach, attorneys. Attorneys file application to present. late claim and claim against County on behalf of Summers and Lee Trucking Company. See motion following communications, Butte County Taxpayers Association, Inc. Mrs, Dorothy Thresher, secretary, states 2, that Melvin "Tip" Trimble of Chico will be unable to serve on the 11J,a Committee to evaluate assessments and assessment procedures, and that Mr, Al Appleman of Oroville will replace Mr, Trimble, Information only, Oroville Area Chamber of Commerce. Charles F. Huntington, president for 1972, O~ writes that effective December 31, 1972 Mr, Sherm Kirchmeier will ~ ZJ, take over as President of the Oroville Area Chamber of Commerce, He thanks the Board and county staff for their assistance during the past year, Information only. Paradise Unified Scho81 District. The District forwards copy of resolution ~ 0'a O Supervisorstto establishTaujuvenile hallDschoolttarbeneffectBVeronof July 1, 1973. Discussed, Chairman McKillop stated he would like to have a report on the average length of stays Referred to Supt. of Schools, Durham Mosquito Abatement Aistrict. The District sends copy of its letter to Chairman Gilman stating that the terms of Charles Pooler and John f ~ ~~ ~ Nystrom, Jr, expire on December 31, 1972 and requested that these men be reappointed for the two year term beginning January 1, 1973. See motion following communications, California Regional Water Quality Control Board, Central Valley Region. The Board forwards copy of guidelines which were adopted aC public hearing ~ ~ ~.p ~ on December 15, 1972. They request that the County forward to them all pertinent ordinances, rules or regulations regarding waste disposal from land developments. Information. To be discussed later in the meeting, The Reclamation Board, The Board forwards fully executed copy of the Assurance Agreement between the County and the State Reclamation Board relating to the '~/ a,OC~ project of flood protection an the Sacramento River from Chico Landing ` to Red Bluff in Butte County. Information. Referred to Auditor and George Stamm, Ray Valverde, Chairman-Biggs Memorial Ha11 Committee, They would like to nominate Sd~ a d Pred Lawrence of Biggs to fill the vacancy made by the resignation of James Carter, See motion following communications, Rolland A, Vandegrift. Requests that his tax hills be straightened out, Parcels 77 Z,~d O were reduced by the Assessment Appeals Board. Discussed, The bills are being processedo No action taken at this time. Wilson Riles, Supt, of Schools-State of California, $upervisor Gilman presented letter which requests that a Board member participate in a conference to be held January 20th in Sacramento, See motion following communications. Executive Officer, Air Resources Board, Notice that a hearing will be held concerning the formation of a Mountain County Air Basin. Supervisor Gilman did. not feel that this matter would concern this Countya Page 479, January 9, 1973 Januaxy_91 1973 73-5 REFER REQUEST OF JOHN T, SINS, OROVILLE FOR REZONING ON CORNER OF OLIVE HIGHWAY AND CANYON DIVE BACK TO PLANNING COMNLCSSION On motion of Supervisor Madigan, seconded by Supervisor Gilman and unanimously carried, the request of John T. Sims for rezoning five acres on the corner of Olive Highway and Canyon Drive, which was denied by the Planning Commission on Thursday, December 14, 1972, was referred back to the Planning Commission for their consideration of a different type zoning, that is a Planned Area-Commercial (PA-C), reducing the 5 acres to 22 acres, with the fees waived for the additional hearingso 73-6 DENY APPLICATION FOR LEAVE TO PRESENT LATE CLAIM ON BEHALF OF SUSAN CAMPBELL On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the application for leave to present late claim on behalf of Susan Campbell was denied, LATE 73-7 DENY APPLICATION FOR LEAVE TO PRESENT CLAIM ON BEkTALF OF SUMPE RS AND LEE TRUCKING COM On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the petition for leave to present late claim against the County on behalf of Summers and Lee Trucking Co, was denied, 73-8 APPROVE REAPPOINTMENT OF MEMBERS TO DURHAM MOSQUITO ABATEMENT DISTRICT On motion of Supervisor Gilman, seconded by Supervisor Ladd and f unanimously carried, the request of Durham Mosquito Abatement District was approved for the re-appointment of Charles Pooler and John Nystrom, Jr, for two year terms, beginning January 1, 1973. 73-9 APPROVE APPOINTMEN S TO BUTTE COUNTY MOS UITO ABATEMENT DISTRICT On motion of Supervisor Ladd, seconded by Supervisor Camerpn and unanimously carried, the following appointments were approved for the Butte County Mosquito Abatement District, for two year terms: L, Ho Stephens, from the 4 District (a re-appointment) A11en Johnson, from the 5th District (a new appointment) 73-10 APPOINTMENT TO BIGGS MEMORIAL BALL COMMITTEE ~,~„~ On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, Fred Lawrence of Biggs was appointed to fill the vacancy created by the resignation of James Carter on the Biggs Memorial Hall Committee, 73-11 SUPERVISOR GILMAN AUTHORIZED TO ATTEND MEETING IN SACRAMENTO: JAN 20th On motion of Supervisor Madigan, seconded by Supervisor Caaneron and unanimously carried, Supervisor Gilman was authorized to attend the schools meeting in Sacramento an January 20th, 1973 as set out in the letter from Wilson Riles, State Supte of,Schools, 73-12 DISCUSSION: AMBITLAPICE__ AGREEMENT Dan Blackstock, County Counsel, stated he had Jim Griffith, deputy county counsel, working on the situation facing the ambulance operators in Butte County, He said they need direction from the Board, Mr, Blackstock explained the desires of the operators, Mr> Blackstock suggested that a Board committee be set up to discuss this matter with the operators, C1if Nickelson, Administrative Officer, said there have been meetings concerning this matter. ' Time spent discussing the matter of the agreement and the ambulance Page 480, January 9, 1973 \.. ___ ____ __ __ ___---January=9=1973=====__--____ _ services. Mr. Bosworth and County Counsel will answer the letter from Matthew E. Marsh, attorney, Mr. Nickelson will send the Board members a memo setting out the alternatives in this matter. f/~73-13 APPROVE PUBLIC WORKS ITEMS: ADOPT RESOLUTIONS 73-2 and RESOLUTION 73-3 On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following action was approved: 1. Adopted Resolution 73-2 annexing the John Drake Parcel 44-35-16 to County Service Area No. 23 and the Chairman was authorized to sign. 2. Authorized the issuance of a permit to a property owner for the improvement of an alleyway adjacent to his property-location near Olive and Pearson Roads in Paradise. 73-3 3, Adopted resolution/for summary abandonment for a portion of Schott Road and Chairman was authorized to sign. 4. Accepted the work for the Cameo Drive extension, Chico and authorized the release of performance band. 5, Accepted the final map of Water Subdivision ~k2, Chico (16 Tots Tonea Way; Chico), accepted the offers of dedication, subject to maintenance bond which has been posted. 6, Authorized the City of Chico to do building inspection and collect fees for AP 44-16-27 located on Rio Lindo Avenue, prior to the property being, annexed to the City of Chico, 73-14 MATTERS PRESENTED FOR BOARD INFORMATION Clay Castleberry, Director of Public Works, presented the following• items for Board information: (a) Fishing access - Sacramento Rivera Explained-no action needed, (b) Hospital emergency generatoro Mr, Castleberry explained this matter. Fie said they could secure a smaller size generator but it would cost them the saving in price to change the circuits. The entire hospital might have to be xe-wired. Mr. Castleberry said. he would not recommend the awarding of the contract at this time. (c) Federal highway funding postponements. Mr, Castleberry said Congress did not pass the Federal Highway Bill, He said this was going to affect the Federal roadway contracts in this County, He asked if he could write or send a telegram to Congressman Johnson requesting that they act immediately on the Federal Act, He will keep the Board advised in this matter. Chairman McFrillop said the Board did authorize Mr, Castleberry to write and telegram to Congressman Johnson in this matter, ' (d) Chico urban area drainage fees. Mr, Castleberry said there was a lot of building activity in the northwest Chico area. He said he would suggest that a couple of the Board members meet with Chico Counsel members to discuss the matter of new drainage leads. This could be on an informal cooperative basis. He said he would suggest that the Chico Supervisors initiate this matter of discussion. Supervisors Gilman and Madigan concurred with the suggestion. Page 481. January 9, 1973 ___ __ ____________January9,=1973=_________-_~_ (e) Paradise Pines Nos, 4 & 8 Assessment District - overrun. Mr. Castleberry said there was an overrun of some $40,077.09 from the original contract. The County has a letter of credit from Larwin and they are in agreement that the County can use the letter of credit to pay the contract overruns. (f) Closure of driveway - Oroville-Quincy Road, Mr. Castleberry explained the matter of accident frequency at the old A & T Market on Olive Highway, The Highway Patrol requests that the County take some action regarding these roads leading from the market. Mr. Castleberry suggested closing the driveway leading from the market out onto the 01d Quincy Road, He will attempt to contact the property ownero On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, Public Works was authorized to close the road entrance into the old A & T Market, off Oro-Quincy Road as recommended by the California Highway Patrol and Public Works was directed to notify the property owner of said closure. (g) Report re Simpson's Disposal Service. Mr. Castleberry stated that Simpson's Disposal Service had requested a raise in rates. Mr. Castleberry met with them and he told them that he would concur only if they would give better service. Mr. Castleberry will continue to raork on this matter. (h) ,Report on St. Clair Construction Company - abandonment of easements. Mr. Castleberry stated that the easements are not needed, Mr, Castleberry will work with the developer on this matter and they will resolve it aLt<the Administrative level, THE CHICO HIGH SCHOOL STUDENTS & THEIR INSTRUCTOR MR. BERNEY RICHTER WELCOMED TO THE BOARD MEETING AT THIS TIME, STUDENTS WERE GIVEN THE OPPORTUNITY TO ASK QUESTIONS: NO QUESTIONS ASKED, RECESS: 10:00 RECONVENID : 10 ; 2 0 73-15 AMENDMENT TO COUNTY SEWAGE ORDINANCE: PUT OVER ONE WEEK Mr. Howard Toussaint, Health Department, reported that the amendment to the County sewage ordinance was not ready at this time, Copies of the amendment will be sent to the Board memberso 73-16 DISCUSSION OF WATER QUALITX CONTROL BOARD GUIDELINES FOR SEWAGE DISPOSAL FOR NEW LAND DIVISIONS AND SUBDIVISIONS Howard Toussaint, Health Department, stated he had sent a memo to the Board members concerning the Water Quality Control Board guidelines for "- sewage disposal for new land divisions and subdivisions, He explained the criteria that the County is expected to meets He gave a brief summary of the criteria adopted by the Water Quality Control Board, A11 new subdivisions and land divisions will have to be reviewed to meet the guidelines. The County`s ordinance will have to be amended to handle these guidelines, Guidelines discussed, Mr, Toussaint stated he would have the documents ready for Board consideration in two weeks. No action taken at this time. 73-17 PUBLIC HEARING SET: FOOTHILL RESIDENTS LEAGUE,.. EAST OF OROVILLE Jim Lawson, Planning Director, said the Foothill Residents League, Lynn Wixom, interim zoning w~11 expire on January 28, 1973, He said the Sims property Page 4820 January 9, 1973 --_-_____ _____====January=9~ 1973=====_______-- is included in this rezoning, and it has been referred back to the Planning Commission for consideration of 22 acre PA-C district. He said a hearing should be set to extend the interim zoning, Matter discussed. On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, a public hearing was set for January 23, 1973 at 1:30 p,m. for the extension of the interim zoning for the Foothill Residents League, east of Oroville. 73-18 PUBLIC HEARING SET FOR THE LIME SADDLE COMMUNITY SERVICE AREA PROPOSED REZONING On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, a public hearing was set for February 23, 1973 at 1:30 pom on the Lime Saddle Community Service Area-Butte County Planning Commission initiated rezoning from "S-H" (scenic highway) and "A-2" (general') districts, to "S-S" (scenic service) district for all that property located within the "Lime Saddle Community Service Area" as established by the Butte County Board of Supervisors' Resolution 72-104 (adopted May 23, 1.972) generally described as located on both sides of Pentz-Magalia Hwy., from Hwy. 70 to the southerly boundary of Paradise Irrigation Aistrict, containing approximately 4,7 square miles. 73-19 APPROVE_TENTATIVE PARCEL MAPS On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following tentative parcel maps were approvedwith the finding that they are consistent with the General Plan and subject to the conditions of the Planning Commission: 1. SEM Corporation, AP 48-201-22, 4 lots, located on the west side of Ceanothus Avenue, Chico. 2, C. D. E., Inc, AP 54-09-21, 2 lots, on Buschmann Road off Clark Road, Paradise, 3. Ernest Snider, AP 54-12-36, 3 lots, end of Bennett Road, near Newland Road, Paradise, 4. Lester Paul, AP 22-11-20, 4 lots, north of Biggs> Engineer: McCain Associates, 5. Charles Kutz, AP 45-41-37 & 40, 4 lots, bn Vallombrosa Avenue, between Hooker Oak Avenue and Chico Creek, Chico; Engineer: Walter B. Grimes & Assoc. 6. Betty White Poirier, AP 55-13-95, 98 & 99, 4 lots, off Foster Road, below Roe Road, Paradise. Surveyor: John W. Hamby 7. Edward Jimenez, AP 58-09-51 (portion of), 2 lots, off Coutolenc Road above Neal Road, Paradise, Surveyor: John W, Hamby 8. Herbert N. Johnson, AP 55-27-28, 2 lots, off Stearns Road, Paradise. Surveyor: Gary Lippincott 9. Clarence Schreur, AP 56-23.-33 (portion of), 4-lots, on east side of Neal Road, one mile north of Lovelock, Paradise. Surveyor: Gary Lippincott 10, Dennis L, Maravez, AP 53-11-b, 2 lots; on west side of Maple Park Drive, above Pleasant Lane, Paradise, Surveyor: Gary Lippincott 11, Donald Ja Brandon, AP'S1-071-78, 2 lots, at end of Regis Road,, off Bi11e Road, Paradise, Surveyor: Gary Lippincott On motion of Supervisor Gilman, seconded by Supexvisor Ladd, and unanimously carried, the tentative parcel map recommended for approval with exception was approved for Co Bradley Page, AP 42-20-009, 3 lots, on Oak Park Avenue, off Rose Avenue, Chico, with the exceptia-~ that there will be no further division to the lotc~, with the finding that this is cpoge s4t3 t with the General Plan, 8 January 9, 1973 January 9, 1973 Time spent discussing the tentative parcel map of Omer Peters, AP 57-22-02, 4 lots, end of Troy Way, Paradise Pines, that was recommended for approval by Planning Departments Mro Peters is in full agreement with all the recommendations of the Subdivision Committee except No. 3, road construction. The Planning Commission requests him to construct a`road similar to the roads adjacent to his property, These are 10-acre lots, Mr, Castleberry explained the request for the road, Mr. John Coverston, Central Park Drive, Paradise, explained what the developer was trying to do with the propertyo Discussed the filing of a bond to cover the construction of the road. Chairman McKillop suggested that the matter be continued one week so the developer could find out what the bond would cost; this would also give Supervisor Cameron a chance to view the site. Matter continued to Tuesday, January 16, 1973. On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, the Vista Meadows Unit ~f~l subdivision map, AP 36-57-45, 26 lots, on Lower Wyandotte Road, south of Monte Vista Avenue and north of Wyman Ravine, Oroville. (Owner:• Wynoka Homes, Inc. Engineer: Gillett-Harris) was approved as recommended, with the finding that it is consistent with the General Plan, and subject to the conditions of the 'Subdivision Committee and the Planning Commission. 73-20 HARRINGTON VARIANCE CHICO SET FOR HEARING ON JANUARY 23 1973 On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the opposition of John R. and.Gladys S, Robson, Chico, to the variance which was requested by Mr. Harrington on the west side of Cussic Avenue at S'.hasta Avenue, Chico, was set for hearing on January 23, 1973 at 1:30 73-21 APPEARANCE OF GENE MERCER BUTTE COUNTY FISH & GAME COMMISSION Mr. Gene Mercer, secretary of the Butte County Fish and Game Commission, stated that in November the Board had requested that he appear and make comments about the closing of the deer season, He has received a great number of calls since that time. The people would like to see the season closed earlier, The Commission met last night and the motion for the season to remain as it is at present did not pass. There were two men present at last nights meeting from the State Department of Fish & Game, They feel that the deer resources are not being hurt by the late closingo Mro Mercer said that sooner or later the Board of Supervisors was going to have to make a stand in this matter. Chairman McKillop suggested that it might be well for Supervisor Madigan to put this on the agenda for the Nine Northern Counties Supervisors Association meeting. No action taken at this time. ' Mr, Mercer said that another item for discussion was the letter in reference to the Wild Goose Club concerning the Land Conservation Act. He said he had taken it upon himself to get in touch with Mr, Worthy of Sacramento. He sent a copy of Mr, Millington's letter to the State, At the Butte County Fish and Game Commission meeting last night the Commission recommended that the Board go along with Mr. Arnett's letter, A decision is going to have to be made whether tax relief will be granted to this club, Mr. Mercer said this was something that should be given considerable thought and study, Matter discussed; no action taken. 73-22 APPEARANCE OF GEORGE HONEYCUTT, CHICO, CONCERNING REQUEST FOR CITY OF CHICO TO DO INSPECTIONS AND COLLECT FEES George Honeycutt, Chico, said he would like to discuss the matter of the City of Chico doing building inspection and collecting fees, as approved under Public Works matters. Each time these matters come up, Public Works has to go through the Board for authorization for the City to do this inspection work. He suggested heat the Board give Mre Castleberry the authority to grant the City Page 484. January 9, 1973 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ January 9,=1973 = _ _ _ - - _ _ _ _ _ _ permission to do the worko County Counsel will study this request and study the ordinance regulating these matters and will report back to the Board, No action taken at this timed 73-23 APPEARANCE OF GUY HART PURCHASE OF IBM TYPEWRITERS Guy Hart stated that it has come to his attention that the County has purchased four new IBM electric typewriters without going to bid, He said he argued with the fact of this purchase. He set out the problem of buying without going to bid, Mr. Nickelson explained this situation, This has been discussed during budget sessions. The Board took the position at that time that the purchasing department could go out and buy IBM's for a department if the department requested a IBM. Time spent discussing the policy concerning the purchase of typewriters, Dan Blackstock, County Counsel, set out the matter of maintenance of the typewriters. Supervisor Gilman said he would like to hear from the Purchasing Department and the Department requesting the IBM. Everyone should have a chance to speak so the Board can evaluate this matter, Mr. Nickelson will. secure a report from the Purchasing Department and will firm up the policy on all bidding, This report will be ready next week. 73-24 APPEARANCE OF BILL TOMPKINS PARADISE what Bill Tompkins, Paradise, asked/was transpiring on the Public Defenders contract, The Butte County Bar Association is making a study of this matter, This will be placed back on the agenda at a later date. 73'25 MR MIIA WHALEN PARADISE: PLACING OF MOBILE HOME ON LOT WITHIN EDEN ROC ESTATES Nr. Milo Whalen, Paradise, said he has a mobile home ready for inspection and he is having a problem placing it on the lot he purchased in the Eden Roc Estates, He would like a ruling from-the Board that he can move into the mobile home. Mr, Lawson stated that Mr, Whalen's lot was not covered in the zoning. The Planning Commission is considering a PA-C application for zoning the area, There has been no opposition to the zoning, County Counsel suggested that he discuss this matter with the sellers, Mr, Blackstock will study the matter and will report back to the Board, No action taken at this time, 73-26 REPORT ON FUNDING FOR_GRANT PROGRAMS ~EIAT EXPIRED ON DECEMBER 31 1972 Bill Lawrence, Assistant Auditor, reported on funding for grant programs that expired on December 31, 1972. He said there were no funds in the Drug Control Program. Mro Nickelson said that nothing definite should be done on the Drug Control Program until the CCCJ Commission meeting in February, If they do not approve the grant, the Board will be asked if they want to continue the program. The Board cap continue with the program in the hope that it will be refunded. Mr, Lawrence said there was no problem with the Head Start Program. Programs discussed. The Board concurred that the Drug Control program should continue for another month, through February 6th. The Head Start Program will also continue, as explained by Mr, Lawrence, 73-27 APPROVE THE GRANTING OF A 575,000 LOAN TO HOSPITAI, AS REQUESTED Nr. Atkin, Hospital Administrator, introduced Mro James O'Keefe, hospital business manager. Mr. Atkin reported on the money situation at the hospital. He said he was asking that the Board authorize an additional Loan of $75,000 to the hospital, to carry them through the next 30 days. He said he would not go into the matter of the discounted bills at this time. Supervisor Gilman questioned Mr. Atkin about the money situation at the hospital, Mr, Atkin said he did not know at this time what the hospi~al w~~~.cost the County, He said they were age January 9, 1973 January 9,_1973 digging into the facts in an attempt to reach a decision in this matter, Request discussed, Mro Lawrence explained the &£fect this loan would have on the Reserve Fund, On motion of Supervisor Gilman,,seconded by Supervisor Ladd and unanimously carried, the Board approved the granting of a $75,000 loan to the Hospital as requested by Mr, Atkin. 73-28 SCIND ACTION TAKEN ON THE TENTATIVE PARCEL MAP OF C, BRADLEY PAGE Mrs, Page took exception to the action taken by the Board this morning concerning the approval of their tentative map, with the exception that there will be no other lot splits of this property. She called the Board's attention to the fact that the road on this property was built in 1950. It is a deadend road. There are no houses therea She feels that it would be an unfair thing to require the buyers to purchase three-fourths of an acre, Mrs. Page set out her problem. She feels that the parcel map should state that the parcels should not be divided more than once, Supervisor Gilman said he would like to Iook at this property before the Board acts again on it. It was moved by Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried that action taken by this Board in Item 73-19, approval of tentative parcel map for C, Bradley Page, be rescinded and that the matter be placed back on the agenda for Tuesday, January 16, 1973. RECESS: 12:15 RECONVENED: 1:30 73-29 PUBLIC HEARING: REZONING FROM "A-3" TD "A-R" FOR PROPERTY LOCATED ON SOUTH SIDE OF STATE HIGHWAY 32, 1,000 FEET EAST_0~' MU~R AVENUE, CHICO-AUSTIN GILLHAM The public hearing on the proposed rezoning from "A-3" to "A-R" for property located on south side of State Highway 32, 1,000 feet east of Muir Avenue, Chico (Austin Gillham)was held as advertisedo Jim Lat~son, Planning Director, summarized the action of the Planning Commission, Planning Commission recommended approval. Hearing opened to the public at this timed Appearing in opposition: no one. Appearing in favor: no one, Hearing closed to the public and confined to the Board, 73-30 ADOPT ORDINANCE N0. 1316 ZONING A PORTION OE COUNTY AN "A-R" (AGRICULTURAL- RESIDENTIAL) DISTRICT, AND ESTABLISHING REGULATIONS FOR USE OF LAND AND CONSTRUCTION OF BUILDINGS. CHICO On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, Ordinance No, 1316 zoning a portioncf the County an "A-R" (agricultural-residential) District, and establishing regulations for the use of land and the construction of Buildings £or pr~ierty located on south side of State Highway 32, 1,000 feet east of Muir Avenue, Chico was adopted and the Chairman was authorized to signo 73-31 PUBLIC HEARING: JOHN S', HOUTMAN, APPEAL OF PLANNING COMMISSION'S DECISION CONCERNING USE PERMIT TO ALLOW A CHIROPRACTIC HEALTH SERVICE ON PROPERTY ZONED A-2 The public hearing on the Jahn S, Houtman, appeal of Planning Commission's decision concerning use permit to allow a chiropractic health service on property zoned A-2 was held as advertised. Jim Lawson, Planning Director, summarized Page 486. January 9, 1973 January 9, 1973 the action of the Planning Commission in this matter, Planning Commission recommended denial of the use; they feel that the area is basically residential. There was no opposition expressed at the Planning Commission's hearings, Hearing opened to the public at this time. Appearing in opposition to the use permit; no one, Appearing in favor: Max A. Nunn, Belleview Drive, Paradise, He feels that the use would be an upgrading of the site, The neighbors are in favor of this use. Dr. John Houtman set out his request. He said he did not know that there would be any opposition to this used There has bean no-opposition expressed by the neighbors. He set out his purpose in requesting this use, He said there will be no parking problems at this site, Supervisor Cameron stated he lives on Merrill Road; he does not think that the traffic or parking would create a problem in the area. Hearing closed and confined to the Board. Tt was moved by Supervisor Ladd, seconded by Supervisor Gameron and unanimously carried that in view of the fact that the neighbors are all in favor of this use, the use permit to allow a chiropractic health service on property zoned A-2 was approved for Dr. John S. Houtman on a yearly basis, and that the use permit has to be renewed each year automatically unless notice is given by the Board or the Planning Commission within 90 days of the rQnewal date. , 73-32 ADOPT BY FOR COMMISSION ON AGING AS CHANGED Adoption of bylaws for Commission on Aging discussed, Supervisor Ladd brought up the matter of the attendance of county people at the meetings, He feels this would take up a lot of staff time. Bylaws discussed. It was felt the bylaws could be amended to state that the staff people could be present at the meetings on call of the Commission, It was felt that the staff people did not need to be present at the meetings. Suggested that the paragraph concerning the attendance of the county people at the meetings be deleted. On motion of Supervisor Ladd, seconded by Supervisor Cameron and unanimously carried, the bylaws for Commission on Aging was adopted with the deletion of the section where 5 department heads are to attend the meetings, and inserted a sentence that the department heads would attend the meetings of the commission on invitatia~ of the Commission, 73-33 MA ERS PRESENTED BY SUPERVISOR GILNAN FOR DISCUSSION Supervisor Gilman questioned Mr, Lawson about the zoning in West Chico, He felt the Planning Commission should make a determination on the acres known as the Turner property, Mr. Lawson explained why the Planning Commission has not taken action to date. This matter will be considered in the near future. Supervisor Gilman asked Mr. Lawson what was happening to the interim zoning near the Junior College area, Mr. Lawson said the Commission will be considering this soon. Nr. Lawson said he would convey Supervisor Gilman's remarks to the Commission. 73-34 SALE OF COUNTY PROPERTY Clif Nickelson, Administrative Officer, set out the property involved in this sale. It is a portion of Lot 13, shown on map entitled "Glenn Haven Page 4ts/, January 9, 1973 Jan;xa, ry_9= 1973 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Estates Subdivision Unit No. One", Mr. Mickelson said a bid in the amount of $400 has been received, Bidding opened to the public. There were no bids offered from the audience. Bid discussed. The adjacent property owner desires to purchase this propertyo Supervisor Ladd did not feel that the property should be sold for $400.00, Supervisor Gilman did not feel that the lot was a buildable lot. Award of bid discussed. On motion of Supervisor Gilman, seconded by Supervisor Cameron and carried. the written bid in the amount of $400 was accepted for the sale of Lot 13, as ~-awn on map entitled "Glenn Haven Estates Subdivision Uriit No, One" ' and the Chairman was authorized to sign the deed to said property. AYES: Supervisors Cameron, Gilman, Madigan and Chairman McKillop NOES: Supervisor Ladd The sale of a portion of Lot 22, as shown on that certain map entitled "Map of the Sixth Subdivision of the John Bidwell Rancho" near Chico was held at this time, Mr, Mickelson said this was a small parcels Darrell Ketch, Administrative Analyst, set out the location of the property, Bidding opened to the public, A written bid in the amount of $10,00 p'Zus costs has been received, It cost $65.00 to advertise the sale of the propertyo The bidder states he does not want to pay this advertising cost. There were no bids received from the public. Bidding closed; action to be taken by the Board, Awarding of bid discussed, It was moved by Supervisor Ladd, seconded by Supervisor Madigan and carried, that the $10,00, plus costs, bid be denied, and that the Board stick with their original action, and that if the bidder would like to have the property he could have it for the $10,00, plus the costs of advertising in the amount of $65.00, plus title costs, ' AXES: Supervisors Gilman, Ladd, Madigan and Chairman M~Ki11op NOES: Supervisor Cameron ' 73-35 ADOPT ORDINANCE NO•. 1317, INTERIM ZONING FOR EDEN ROC ESTATES CONDONfL Mr. Whalen present at this time. He stated he had discussed his problem with County Counsel. Planning Commission is presently considering a PA-C zone for the Eden Roc Area., Problem of Mr. Whalen concerning the placing of his mobile home on his lot discussed, It was felt that in fairness to this man, maybe the best procedure would be to adopt an interim PA-C ordinance, This would allow the man to place his home on the lot. Adoption of the interim ordinance discussed. On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, Ordinance 1317, an interim zoning of the entire Eden Roc Estates area as a PA-C District, on a 90 day basis, was adopted and the Chairman was authorized to signs 73-36 APPROVE ADVANCE STEP HIRING OF HOSPITAL BUSINESS MANAGER On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the recommendation of the Personnel Director for advance step hiring at Step Dy $1,172 per month, was authorized for James O'Keefe, hospital business manager, effective January 3, 1973. 73-37 INDICATE INTENT TO PROCEED WITH C.dANGES TO PERSONNEL RULES Jim Rackerby, Personnel Director, appeared to discuss the changes to the personnel rules and personnel ordina~age 4~~,stated that the changes improve and January 9, 1973 January 9, 1473 clarify the rules and add a grievance procedures for employees, Mr. Cudney, Employee Association Manager, was present at this time, Mr, Lawrence was present concerning the payroll changes to the rules, Mr. Rackerby set out the proposed changes. The Resolution set out and changes to the County Code explained,,.. Section 8.7 set out. This now provides that a department head can suspend an employee without pay. A formal appeal section has been added, Accrual of sick leave and vacation discussed. Time spent discussing the ordinance and resolution, Supervisor Cameron said he does not feel that he has had enough. time to look over this information. He would like this matter held over one week. Mr, Lawrence would like a declaration of intent so he can instruct the Data Processing Aepaxtment on, the matter. The Board indicated their intent to proceed in this matter and that action will be taken next week on the adoption of the Resolution and Ordinance, 73-38 PUBLIC EMPLOYMENT PROGRAM GRANT EXTENSION: TAKEN OFF AT THIS TIME Approval of the Public Employment Program grant extension was taken off the agenda at this time; to be placed back on the agenda for Tuesday, January 16, 1973. 73-39 AUTHORIZE PURCHASE OF TELEVISION SET: H05PITAL The Hospital Trustees request authorization to purchase a black and white 19" table model television set in the amount of $129 plus tax for use in the Hospital by emergency room physicians. This is a replacement for console model which is worn out and the cost of repairs is greater than purchase of a new set, Request discussed, On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, purchase of television set for Hospital for use by the emergency room physicians was authorized, as requested by the Hospital Trustees, 73-40 APPROVE CONTRACT WITH FEATHER RIVER OPPORTUNITY CENTER FOR REHABILITATIVE SER'V'ICES On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the contract with. Feather River Opportunity Center for rehabilitative services covering the 1972-73 fiscal. year was approved and the Chairman was authorized to signo 73-41 BUDGET TRANSFERS APPROVED On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following budget transfers were approved: B-43, Hospital - $500 from salaries and wages regular to publications and legal notices B-44 Treasurer-Collection Agency - $2,000 from regular salaries and wages to extra helg 8-45 Oroville Justice Court - $3,000 from salaries and wages regular to extra help B-48 1'isaatal,Fiealth,w $346 from support and care of persons to rents and leases structure. B-49 Library - $63 from special departmental expense to fixed assets B-50 Board of Supervisors - $179 from the reserve to the insurance account 8-51 Cierk - $100 from office expense to equipment maintenance' B-52 Auditor-Controller - $600 from salaries and wages regular to extra help' RECESS: 3:15 RECONVENED: 3:25 Page 489. January 9, 1973 January 9,_1973 - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - -- 73-42 APPROVE BOARD MEMBERSHIP ON LOCAL AGENCY FORMATION COMMISSION Board membership on Local Agency Formation Commission discussed, Supervisor Maxon had been the regular member and Supervisor Madigan .the alternate. Roy McKernan has resigned as Chairman of the Commission. It was felt that there should be a representative appointed from the Paradise area, Discussed appointmentso On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, Supervisor Cameron was appointed as the regular Board member to the Local Agency Formation Commission, to replace Supervisor Maxon, and Supervisor Madigan Maas appointed to continue as the alternate member to the Commission. 73-43 APP ROVE USE_OF REVENUE SHARING FUNDS TO PAY OFF SUPERIOR COURT COMPLEX FINANCING Time spent discussing the Superior Gourt complex financing, A membo was sent from Administrative Office concerning this matter, Supervisor Gilman said he would like to see the County get back into the black again so that there would be no outstanding obligations, He feels that the original intent of revenue sharing funds was to bring about property tax relief. Supervisor Madigan said he would be in favor of applying the revenue sharing funds to this debt. Mr. Nickelson said that if the Board tried to use revenue sharing funds in lieu of the budgetary funds, the Board would be subject to criticism. Time spent discussing how the funds should be used and how the courthouse complex should be paida Chairman McKillop suggested that revenue sharing funds be used to pay off the courthouse balance and transfer the budgeted funds to the Reserve Fund, Mr. Lawrence suggested that the Board retain the $69,000 encumbrance fund, County Counsel suggested that the budgeted funds be left in the reserve until the damages are settled, The $69,000 should be encumbered against the outstanding obligations. On motion of Supervisor Ladd, seconded by SupervisorGilman and unanimously carried, use of the revenue sharing funds to pay off the $491,006.87 plus the accrued interest, owed on the Superior Court complex financing was authorized, to satisfy the Lease Agreement with Cen-Val Financing. 73-44 APPROVE APPOINTMENT TO PARADISE CEMETERY DISTRICT On motion of Supervisor Cameron, seconded by Supervisor Ladd and unanimously carried, Mrs, JoAnna Spreen, Highland Lane, Paradise, was appointed a member of ttie Paradise Cemetery District Board of Trustees. 73-45 APPOINTMENT TO COUNCTL ON MENTAL RETARDATION Supervisor Gilman requested that the appointment to Council on Mental Retardation be put off at this time. Appointment rescheduled to a later date. 73-46 MATTERS PRESENTED BY BOARD MEMBERS Supervisor Gilman said he would like to have the Sealer of Weights and Measures speak to the board about the State law concerning how wood should be sold, Mr, Nickelson will arrange to have Mr, Houghton present to discuss this matter with the Board. Supervisor Gilman requested that Mr. Nickelson check on the matter of the placement of mobile homes by senior citizenso Mr. Nickelson will check with the Planning Commissions Supervisor Madigan requested that the Bar Association report to the Page 490. January 9, 1973 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _January=91 1973= _ - ~- _ _ _ _ - _ _ _ _ _ _ _ Board concerning the Public Defender's Contract, Mro Nickelson will request that they appear before the Board and give a progress report on this mattero Supervisor Madigan said he would like to have placed on the Board's agenda the matter of. the proposal of the Chairman of the Subdivision Committee that the Committee be disbandedo This matter will be placed on the agenda for discussion. Chairman McKillop reported that he and Supervisor Ladd had met with the Building Committee on the space requirementso The architect is working out a solutiono RECESSED: The Board recessed at 3:50 to go into an executive session. RECONVEI~'KD: The Board reconvened at 4:40 following an executive session. Chairman McKillop said there was nothing to report from the Executive Session, ADJOURNMENT• There being nothing further before the Board at this time, the meeting was adjourned at 4:40 to reconvene on Tuesday, January 16, 1973 at 9;00 a,m. ATTEST: CLARK Ao NELSON, COUNTY CLERK / ~ y~, : BY: `~i' ~(..~Ch~ airman of the Board Board of ervisors Clerlc Page 491, January 9, 1973