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HomeMy WebLinkAboutM011172January 11, 1972 STATL' OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a,m, pursuant to adjournment. Present: Supervisors Mad~_;=~_~; Maxon, Mr.Ki1'I.op, Rr:y:.olds and Chairman Gilman. Clifto:: Nickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark Ao Net::+~n, County Clerk, by Piargie Catt, Board of Supervisors's Clerk II`PTOCATION: Pastor Carl Lai:lirum, Free Methodist Church, Chico. Pledge of allegiance to the Flag of the United States of America 72-47 APPROVAL OF MINUTES On motion of Supervisor Reynolds seconded by Supervisor McKillop and unanimously carried, the minutes of January 4, 1972 were approved as mailed. 72-G8 COMMFTNICATIO~]S: Mrs. James M. Best, Paradise. Mrs. Best writes regarding drainage and sewage ?, p,C~O problems in Paradipe. Letter discussed and referred to Clay Castleberry, Director of Public Workso Mary So Kimmons, Paradise. Mrs. Kimmons writes regarding the land division I / 3 ~ S ordinance. Discussed.; no action taken. Clifford C. Ferner, San Leandro. Mr. Ferner, who owns a piece of property g on Quincy Road, writes for information regarding the placement of thin I ~ Q ~3 / property in the agricultural preserve under the W~.13iamson Act. Referred to Don Black, Agricultural Commissioner. Wm. Retzer, Chico. Mr. Retzer writes regarding the proposed S1 and 52 zonings in the West Chico area. To be discussed during public hearing. ~~'~~ Diamond international Corporation. The Company writes regarding the "Forest Practice Rules" now in effect governing the harvesting of timber on private lando Supervisor Maxon felt that this was very important; he felt legislation should be prepared in this matter. Referred to County Counsel to follow up on, San Francisco Superior Court. A summons in the case of Rice Growers Association 0 ~ ~ ~ vs. County of Butte for refund of property taxes illegally assessed against goods and exports has been served. Referred to County Counsel. Air Pollution Advisory Committee. The Committee forwards report entitled "Progress Report by Butte County Forest Products Industry Wood Waste as Related to Air Pollution," Referred to Bob Nickelson. City of Oroville. The City writes to notify the County of their action regarding parking around the Courthouse. All reserved parking areas around the Courthouse ~ Q ~ ~ will be removed and diagonal parking will be removed and parallel parking instituted therefore. It is planned that these changes will be completed by February 1. Discussed. Administrative Officer explained the problem. He concurs with the recommendation. Oroville Mosquito Abatement District. The District requests reappointment of Paul G. Bullard and Harold L. Kroeger for two year terms. Their previous terms expired on December 31, 1971. See motion following communications. Page 299. January 11, 1972 January 11, 1972 Senate Committee on Natural Resources and Wildlifeo The Committee sends notice of hearing to be held Monday, January 31, 1972 in Sacramento regarding b ~~ 2 Z' Senate Resolution Noo 224 relative to the subdivision of land in the aural areas. Di.:;cussed; copy to be sent to County Fish and Game Commission. State Bureau of Health Facilities Licensing and Certification. The Bureau forwards report of inspection and consultation visit on the Butte County Home Health ?~/C~d ~ Agency. Information only. State Division of Highways. The Division sends notice of adjustment of the 1971-72 BAS funds from $221,Ob5 to $209,026. The Division also forwards notice that ~.~,~-d the allocation for the 1972-73 fiscal year is $210,505. They request a resolution of intent to obligate this apportionmento Information only, State Division of Highways. The Division files certified copy of resolution ~ of the California Highway Commission authorizing abandonment of superseded Ic ~ ~.0 right of way in Butte County north of Hog Springs to Forest Ranch. 7 Information only. State Division of Highways. The Division forwards questionnaire regarding the California motorists information systemo Referred to Clay Castleberry with request that he keep the Board advised, State Department of Water Resourcesa The Department forwards copies of proposed Amendment No. 4 to the water supply contract with the Staten The amendment will make the power credit, surcharge and surcharge credit provisions ineffective for water deliveries during calendar 19710 They request execution and return of three copies of the amendmento Referred to County Counsel and George Stamm. State Department of Housing and Community Development. The Department forwards its Information Bulletin FBH 71-9 regarding inspection of factory bu~.lt housingo Discussed; Mr. Castleberry stated that the taw has been changed to allow inspections at the factoryo Senator John Vo Tunney. The Senator forwards copy of letter previously written to the Board of Supervisors by Arthur Leon Steward of Paradise regarding taxes on his Skyway Villa Mobile Home Park, The Senator states "for such consideration as the communication herewith submitted may warrant, and for a report thereon, in duplicate to accompany return of enclosure. Referred to Administrative Officer for answering, Senator John V. Tunney. The Senator writes to thank the Board for telegram 7 Z,v d of December 4 regarding allocation of additional funds for emergency bank protection along the Sacramento River. Information only. Baha'i Faith in the United States. Request to proclaim January 16th as the O ~ 7C U annual observance of World Religion Day. Referred to Administrative Officer for answering. Stone and Back. Carbon copy of letter. to Brian Freeman concerning suspension of Mrs, Wallace L, Whitney, Head Start Coordinator. Referred to County Counsel. Stone and Bach, Carbon copy of letter to Stanley Brown, Community Representative Office of Child Development, Head Start. Referred to County Counsel, Noel Highfill. Letters to George Nisson and to the Board of Supervisors ` ~ s- ~ pegarding Personnel problem in the Assessor's office and taking exemption to Mr. Mickelson's financial situation. Yuba County Superintendent of Schools. Special election for increase in maximum tax rate for property in the Forbestocan area. Referred to County Counsel. Butte County Employees Association. Filing of the annual declaration of name or organization and the names and addresses of principle officers. Page 300. January 11; 1972 January 11, 1972 , 72-49 APPROVE REAPPOTNTMENT OF TRUSTEESe ORO7ILLE MOSQUITO ABATEMENT DISTRICT On motion of Supervisor McKillop, seconded by Supervisor Maxon and unanimously carried, the following named persons were reappointed to two year terms U~ to the Board of Trustees, Oroville Mosquito Abatement District, said terms lh` to expire December 31, 1973: Paul G. Bullard, 28 Cherokee Road, Oroville Harold L, Kroeger, 1484 Hammon Ave. Oroville 72-50 APP ROVE PAYMENT OF WARRANTS FOR MEDICAL indigent IN-PATIENTS On motion of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, the claim of Butte County Community Hospital, as presented by the Collection Agency; Courthouse, in the amount of $13,556.81 for medical indigent in-patients, was approved for payment. 72-51 DISCUSSION: LETTER FROM RUTH RUSH SPRUCE DRUG GRIDLEY PAYMENT OF COUNTY WARRANT ` Supervisor Reynolds presented a letter from Ruth Rush, Spruce Drug, Gridley, l ~ Q regarding the payment of a County Warrant. The warrant had been returned to them with the notation "payment unpaid", They feel -that the non-payment of the warrant is the fault of the Auditor's office. This money has been paid by the recipient, and she has not received any payment from the County for this payment, The Administrative Officer was requested to meet with the County Auditor and have the Auditor report back to the Board on these warrants that had been returned unpaid. 72-52 DISCUSSION: LETTER FROM CALIFORNIA WATER QUALITY CONTROL BOARD Supervisor Reynolds stated that in regards to the letter from the California Water Qualify Control Board, he had been contacted this week by the people of Palermo with a request for a sewer distribution line in that area. They are concerned that they have no one in that area to work for them. Supervisor Reynolds said he had called Sacramento yesterday and discussed the matter with them, They gave him the name of a man who could talk to the people in Palermo. Supervisor Reynolds said he hoped that the Board would invite this man to a Board meeting to speak to the people in Palermo. This man could inform the Board on how this matter could be handled, Supervisor Reynolds presented the name of this man and his address to the Administrative Officer, who will contact him and request that he appear in Oroville to speak before the Board, The people in the Palermo area will ba informed when this man will appear, 72-53 DISCUSSION: MEDI CAL & INDIGENT CARE AT THE HOSPITAL Supervisor Maxon said he would like to bring the Board up to date on Medi~Ca1 payments. He explained indigent care at the hospital, He explained the new bill that went into effect October 1st, 1971, The County has been hit by a large sum of money to be paid to the State because of this bill. It was stated that there were serious doubts that the County could be forced to pay these sums of money. Supervisor Maxon said he had discussed the matter with Neil McCabe and County Counsel's office will study the problem, It was felt that this matter should be handled by the 9 Northern Counties Supervisors Association. A11 the Counties had grossly under-budgeted for the indigent medical care. Matter to be discussed at the next 9 Northern Counties Supervisors Association. 72-54 DISCUSSION: SIDEWALK AT LIME SADDLE MARINA Discussions letter from a handicapped couple concerning.the sidewalk at the Lime Saddle Marina. Mr, Castleberry said he had been contacted by Mr, and Mrs. Cordell concerning the sidewalk, These people and a Mr. Wolden are wheel-chair patients and it is difficult to go up and down ramps that are too steep. Mr. Castleberry said the construction of the sidewalks at these recreation areas must meet the guide lines of .the new law, The new law states that these sidewalks must be put in so that they could be used by the handicapped. Page 301. January 11, 1972 January 11, 1972. Mr. Castleberry stated that there was not enough money in the Lime , Saddle fund to construct the sidewalks to the guidelines set out by the Staten If additional money could be made available, then they would work out a side- walk for the handicapped. Mr. Castleberry said he would follow up on this matter; he feels that the matter will be worked out. 72-55 APPROVE SPECIAL PROVISIONS ATTACHED TO THE $50,000 ADVANCE FOR THE FIRE WOOD PROJECT Brian Freeman, interim executive director; Community Action Agency Governing Board, appeared to discuss the response to the special conditions that were attached to the $50,000 advance for the fire wood project. The special conditions were set out and discussedo There were(l~ eleven conditions to this advance. Mr. Freeman said there should not be any expenses encumbered by Butte County. On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, the responses to the special provisions attached to the $50,000 advance for the fire wood project were approved as indicated by the Administrative Officer and approved by County Counsel and County Auditor, and it was requested that the responses be sent forward to the appropriate person. AYES: Supervisors Madigan, McKillop, Reynolds and Chairman Gilman NOES: Supervisor Maxon 72-5b APPROVE APPOINTMENT OF ADMINISTRATIVE OFFICER AS TEMPORARY DIRECTOR OF E.O.C, Time spent discussing the report to the Board on the filling of the vacancy of EOC Director to replace Brian Freeman, Mr. Freeman would be leaving January 14th, pan Blackstock, County Counsel, requested that a temporary director be appointed. He said this Board has the legal responsibility to see that this program is properly handled, He said he would recommend that this Board appoint someone immediately so that the program will continue to be properly managed, The temporary director would serve until the permanent executive director takes over his office. Appointment discussed, It was moved by supervisor Maxon, seconded by Supervisor McKillop and unanimously carried that Clif Miclcelson, Administrative Officer, or his alternate, be appointed as the temporary director of EOC until the position has been filled by this Board, RECESS: 10:10 RECONVENED: 10:25 72-57 ADOPT RESOLUTION 72-9 PROVIDING FOR THE ISSUANCE AND SALE OF BUTTE COUNTY SERVIC$ AREA N0. 26 197 SEWER BONDS SERIES A Dave Minasian, attorney for the Thermalito Irrigation District, appeared to discuss the issuance of bonds for Butte County Service Area No. 26 1972 sewer bonds, Series A. Bids for the bonds will be opened in San Francisco on Febxuary Isto Maturity schedule set out and discussed, Bob Grant, manager of the Thermalito Irrigation District, explained the project and how the system would be set upe The final alignment is now being set up. He said he felt the system would be a good one, Mr. Glen Keith, property owner, questioned the Board about the location of the sewer lines. He stated that he operates a camper-trailer sales at the corner of Oro Dam West and 14th Street, He said he was appearing because pf Mra Grant's definite statement that the people on 14th Street would not be served, He feels that the people on 14th Street should be guaranteed a hook up Page 302, January 11, 1972 January 11, 1972 to the system as promised by Mr. Grant prior to the election, He requested that this matter be delayed until the residents receive a positive statement that they would be served. Supervisor Reynolds said that this would be a breach of faith if these people are not given some assurance that the y will be served. He stated that the Thermalito Irrigation District has a responsibility to live up to these assurances given to the voters in this district. Supervisor Maxon agreed with Supervisor Reynolds's statements. Mr. Minasian said the $300,000 is for the participation in the Greater Oroville system. This money is for the regional-project, The total issuance of bonds is for approximately $700,OOfl. The additional funds will be requested to be approved by the Board at a later date. At this time they are asking for approval of the issuance of- $300,000 bonds. Mr. Grant stated that there was no question about jeopardizing Mra Keith's investmento Service is ~.laranteed by all residents within the district. Mr, Keith is guaranteedservice to his property line. Mr. Grant explained how the hook ugs would be handledo Mr. Keith stated he would withdraw his objection on the statements of Mr, Grant that he would have hookups to the two residents on his property. On motion of Supervisor Reynolds, seconded by Supervisor Maxon and unanimously carried, Resolution 72-9 providing for the issuance and sale of Butte County Service Area Noo 26 1972 sewer bonds, Series A was adopted and the Chairman was authorized to sign, subject to County Counsel's review and approval. 72-58 APPEARANCE OF GIaNE MERCER, SECRETARY, BUTTE COUNTY FISH & GAME COMMISSIOpT, REPORT ON AB 2408 Mr, Gene Mercer, secretary of the Butte County Fish & Game Commission, reported on AB 2408. He said he had called Sacramento office yesterday so he could answer any questions that the Board might ask of him. Under this bill, it turns everything over to the Fish and Game Commission-it gives them control over the hunting of these predatory animals. The County can set aside any area that might be detrimental to the residents of the County for hunting of the animals. The hunters have to have written permission from the property owner to hunt for these animals. Bill discussed; no action taken. 72-59_AUTHORIZE WRITING OF LETTER TO REQUEST ELKS FOR THE COUNTY Mr. Mercer said he had discussed the Elk program with^Supervisor Reynolds, It seems that time is of the essenceo It has been requested that this Board write to the Yellowstone National Park and request that 80 elks be allatted to this County, if they are availableo Request discussed. It was moved by Supervisor Reynolds, seconded by Supervisor McKillop and unanimously carried that the Board write a letter to Jack Anderson, Park Ranger, Yellowstone National Park, and inform him that it was the recommendation from the Plumes County and Butte County Boards of Sugervisors that these Counties request 80 elks, hopefully so, and request that they notify the County if the request would be approved so that the County could prepare for these elk. 72-60 APPROVE REQUESTS OF BUTTE COUNTY FTSH & GAME COMNICSSION Mr. Mercer said the Commission would like to use money in their fund for range clearance for the Sawmill and Conco~,r area. He said they would also like to pi in a program of gun trainixig in the schools. They would need $250 for each of the two schools to get the program started. They would also like authorization to purchase a black light. They request authorization to purchase two hand walkie- talkies from unexpended monies within their budget. Requests discussed. Page 303. January 11, 1972 January 11, 1972 On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, authorization was granted for the purchase of two hand walkie-talkies and a black light, from monies within the Fish & Game budget, in the amount of $1780, and authorized $250 for a gun training program9 also from unexpended monies Caithin their budget. On motion of Supervisor Reynolds, seconded by Supervisor Madigan and unanimously carried, a transfer of $3000 from the elk fund was authorized to be used for range clearance for the Sawmill-Concow area, 72-61 PUBLTC HEARING: APPEAL ON APPLICATION FOR USE PERMIT FOR MOBILE HOME PARK, CHICO JEROME PETERS The public hearing on the appeal on the decision of Butte County Planning Commission denying application for use permit for mobile home park, Chico, by Jerome Peters, was held as advertised. Mr, Peters has written requesting that the appeal be withdrawn. Public hearing opened to the public at this time. Appearing i.n favor: no one. Appearing in opposition: no one. Hearing closed to the public and confined to the Board. On motion of Supervisor Madigan, seconded by Supervisor McKillop and unanimously carried, the appeal of Jerome Peters of the decision of the Planning Commission denying application for use permit for mobile home park, Chico, was deniedo 72-62 APPEARANCE: MRS'. ERNIE ALBRECHT.. YANKEE HILL Mrsa Ernie Albreoht, Yankee Hill, remarked on .the statement of Supervisor Reynolds that there had been no objections expressed to night predatory animal hunting. She feels that the night hunts should be regulated, There should be notification through the law enforcement agencies about these huntso These people let their hounds loose and they are very devastating to the property of others, She suggested that maybe a larger fee should be charged for these type dogs. Matter discussed; no action taken. 72-63 APPEA_RANGE: MR. JAMES HANSON, OROVTLLE Mr, James Hanson, Oroville, asked if the predatory animal hunts would include rats. He objected, also, to the purchase of a black light. He stated that costs of repairs for this type equipment was very expensive. He set out the matter of coon hunts; people hunt for the coons, shoot them and they throw them away. He said there were a great many rats and the hunters should be allowed to shoot themo No action taken. 72-64 APPEARANCE: FRANK CLEGG, LOWER WYANDOTTE ROAD T%, frank Clegg, Lower Wyandotte Road, said he was under the impression that in Butte County it takes 60% of the property owners to get a zoning changes He said he could not appear this afternoon at the public hearing and he would like to file a petition at this time. He had this petition signed by 27 property owners. They oppose the approval of the Seco project. He said he hoped that their opposition would be considered during the afternoon hearing on the Seco application. Dan Blackstock, County Counsel, said he hoped that Mr, Clegg understood that the 60% of the property owners were for the property being rezonedo In the case of Seco, there is only one property owner. He reported on the Seco study, The Seco application should be shown as a continuance of the public hearing. His report will be to the affect that the zone that the hearing was held on was for a planned cluster development. This planned cluster Page 3040 January 11, 1972 January 11, 1972 ~ q .~ -~ .-. - - - - - .... - ~ ... .... - _ _ •- _ f- development zone was designed for a co~mnercial development in Paradise, The Board had referred this back to the Planning Cammission with the request that the zone be modified and the ordinance amended so that the property would be for residential areas. At the prese~-et time, this property is in an A-R districts The Planning Commission recommended approval of the Board's recommendation to make this a planned area-residential area. Mr, Blackstock explained how this matter should be handled. No action taken at this time. 72-65_APPEARANCE OF ROBERT CHARLEBOIS. MANAGER BUTTE COUNTY EMPLOYEES' ASSOCTATTON Mr, Robert Charlebois, manager of the Butte County Employees' Associ$tion, said he was here to discuss the parking around the courthouse. He said the City of Oroville should have enforced the one hour parking restriction. He did not feel that the employees should be charged with being responsible for all the parking problems around the courthouse. He set out his views concerning the parking situation. Discussed; no action taken. He said he would also like to discuss the rumors concerning employees signing the petitions that are being circulated. The rumors state that if an employees name appears on the petitions, then this employee will be replaced. He requested that the Board express themselves to this point. Supervisor McILillop stated that there was no way that any Board member could take a reprisal; there are personnel rules that protect the employees. Mr. Charlebois said he would hate to see any employee of this County fail to exercise his right to sign a petition. Discussed; no action taken, 72-bb KELLY RIDGE ESTATES SUBDIVISION: WITHDRAWN The request for acceptance of improvements for Kelly Ridge Estates Subdivision was withdrawn at this time at the request of Clay Castleberry; Director of Public Works, 72-b7 APPROVE CONTRACT CHANGE ORDERS: PALERMO FIRE STATION & GRIBLEY SWIMMING POOL DRESSING ROOM On motion of Supervisor Reynolds, seconded by Supervisor Maxon and unanimously carried, the following change orders were approved and the Chai nnan was authorized to sign; 1, Palermo Fire Station, CCO ~~1 for installation of additional floor drains and to delete a portion of the drainage circuit. No increase in costs. 2. Gridley Swimming Pool Dressing Room - CSA ~~34, CCO ,~~1, in the decreasing amount of $120 which will permit the use of plastic water supply pipe rather than metallic as specified. 72-68 BID REPORT -_FZRST_Pk1ASE ELECTRICAL REPAIRS AT COUNTY HOSPITAL Clay Castleberry, Director of Public Works, reported that some bids had been opened for the electrical repairs at the County hospital, He said they are going to open additional «uotations in his officer the First Part was within the estimated kIe will report back next week on the opening of the othex bids. No action taken at this time. 72-69 LETTER FROM STATE RECLAMATION BOARD RE MEETING OF FLOOD CONTROL OFFICIALS ON JANUARX_25, 1972 ^ T Mr, Castleberry reported that the State Reclamation Board would be holding a meeting of Flood Control Officials on January 25, 1972. George Stamm will attend. He invited the Board members to attend, also. Information only. Page 305. January 11, 1972 January 11, 1972 72 70 ADOPT RESOLUTION 72-10 AUTHORIZING REQUEST FOR ALLOCATION OF FUNDS TO PUBLIC UTILITIES COMMISSION On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, Resolution 72-10 authorizing request for allocation of funds to Fublic Utilities Commission was adopted and the Chairman was authorised to sign, 72-7I ADOPT RESOLUTION 72-11 DECLARING THROUGH HIGHWAY WEST LINDO AVENUE On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, Resolution 72-11 declaring through highway, West Lindq Avenue, was adopted and the Chairman was authorized to sign. 72-72 ADOPT RESOLUTION 72-12 re FAS APPORTIONMENTS FOR 1972-73 FISCAL BAR On motion of Supervisor McKillop, seconded by SupervisorReynolds and unanimously carried, Resolution 72-12 accepting 1972-73 fiscal year FAS apportionments in full was adopted and the Chairman caas authorized to sign. 7273 ACCEPT RIGHT OF WAY AC4UZSITION DEEDS On motion of Supervisor McKillop, seconded by Supervisor Maxon and unanimously carried, the follow grant deeds for right of way acquisition were accepted and the Chairman was authorized to sign the certificates of acceptance: Concow Road (parcel map) AP 58-21-64 10-70 Corporation Sky[aay (use permit) AP 57-20-06 Mo Jones Sa[amill Road (parcel map) AP 54-201-5 Ho Conner et ux Pentz Road 43431-69-1 Parcel 9 N. Eo Gullett 72-74 OPENING OF BIDS; PARADISE PINES COUNTRY CLUB UNIT ~~4 Clay Castleberry, Director of Public Works, reported on the opening of bids for Paradise Pines Country Club Unit ~~4 District, opened in the Administrative Office, Bids were received as follows: 1. A, Teichert, Yuba City $673,252.57 2, Lange Construction, Lakeport b98,963,67_ 3, Butte Creek 679,141.58 The Engineer's Estimate was $709,272.950 Mr. Castleberry stated that these bids would be brought back to the Board at a later date for awarding, 72-75 MATTERS PRESENTED FOR DISCUSSION CONCERNING PUBLIC WORKS Supervisor Maxon questioned Mr. Castleberry about the new gas tax billo Mr. Castleberry stated that this bill would generate revenue in the approximate amount of $460,000 for the cities and the county, It can only be spent in the area that it is generated. The additional revenues will be forwarded to the County. The gas tax will be increased because of this bill. Supervisor Maxon said he would like' to see Legislation re-introduced in this matter. He requested that it be placed on the agenda for the meeting between the Board members and Senator Marler and Assemblyman Johnson. It was stated that this bill was the only bill that lowers the property tax. Matter to be placed on the agenda for discussion with the Legislators. Supervisor Maxon said that action should be taken on the storm drain on Skyway project, He said he would like to see the Board set up a revolving fund for use of proposed county service areas. The money could be repaid to the fund when the District is formed. Mr. Castleberry said the Board had authorized him to bring the agreement for this project back to the Board when it had been prepared, There was a maximum of $7,000 for this work. Mr, Castleberry said the Board would Page 306. January 11, 1972 January 11, 1972 have to take the leadership to form this drainage district in Paradise. He does not think the merchants along the Skyway will present a petition for improvements along the Skyway. The County is going to have to take the leadership. Chairman Gilman asked if the Board would like to take action on this agreement today. Mr. Castleberry said that no transfer would have to be made today. He has a contract in the amount of $7,000; with the condition that it be paid back to the County when the district is formed, Agreement discussed, 72-76 APPR011E ENGINEERING AGREEMENT FOR SKYWAY STORM AIZAINAGE FACILITIES It was moved by Supervisor Maxon, seconded by Supervisor McKillop and C{~ z ~0 v unanimously carried that the engineering agreement be approved, subject to County Counsel and Auditor's approval, in the amount not to exceed $7,000, for the Sky',aay storm drainage facilities, and that the funds will be repaid when the district is formed. RECESS: 12:00 RECON~IENED: 1:30 72-77 HEARING CONTINUED: INTENTION TO 1tENAME COUNTY HIGHWAYS At the request of Supervisor McKillop, the hearing on Resolution 71-252, of intention to rename county highways, was continued to 3anuary 25, 1972, at 1:30 p.m. 72-73 CONTINUED HEARING- APPEAL ON PLANNING COMMISSION'S DENIAL OF BUTTE COUNTY PLANNING C03~IIIISSION'S INITIATED REZONING The public hearing of the appeal on Planning Commission's denial of Butte County PlanninS Commission's initiated rezoning for the Butte Creek Estates Subdivisionl9~it No. 1 was held as continuedo Jim Lawson, Planning Director, summarized action taken by the Planning Corranission in this matter. He read a copy of the report in this matter that had been presented to the Board members. A copy of said report filed with the Clerko Recommendation of the Planning Commission discussed, The recommendation of the Planning Commission to the Board is that they re-affirm their previous action of denial of the map, It was stated that this hearing had been closed to the public. Chairman Gilman said it was the Chair's intention that this Board make a decision today. Tt was stated that Lots 106 and 107 were to be deleted from the rezoning today. Lots to be zoned as R-1 District set out and discussede The lots to be rezoned as R-2 district explained, Supervisor Reynolds stated that the architectural Committee report should be recorded, It was stated that the lots designated in the architectural committee report could be 4-parceled if the owner desired. Time spent discussing action to be taken. 72-79 ADOPT ORDINANCE N0. 1223, AMENDING ORDINANCE 925, CONSOLIDATING "R-1" (SINGLE FAMILY RESIDENTIAL) DISTRICTS & ORDINANCE N0. 122+ ZONING A PORTION OF THE COUNTY AS AN "R-2" (DUPLEX RESIDENTIAL) DISTRICT WERE ADOPTED On motion of Supervisor Gilman, seconded by Supervisor Reynolds and carried, the following ordinances were adopted and the Chairman was authorized to sign, for the area involved in Unit No. 1, Butte Creek Estates, subject to the architectural committee report on file being recorded, designating the lots that would be allowed 4-parcel splitting, excluding Lots 106 and 107: Page 3070 January 11, 1972 January 11, 1972 Ordinance No. 1223 amending Ordinance 925, consolidating "R-l" (single-family residential) districts Ordinance Noo 1224 zoning a portion of the County of Butte as an "R-2" (Duplex residential) District, being lots 20, 21, 22, 23, 53, 54, 55, 5b, 57a AYES: Supervisors Madigan, McKillop, Reynolds & Ch. Gilman NOES: Supervisor Maxon. 72+-80 CONTINUED HEARING: BUTTE COUNTY PLANNING COMMCSSION INITIATED-PROPOSED REZONING FOR PROPERTY DESCRIBED AS WEST CHICO STUDY AREA The continued hearing on Butte County Planning Commission initiated, proposed rezoning from "A-2" (general), ,A=R (Agricultural-residential), "RT-1" (minimum density residential-trailer) and "PA-C" (planned area- cluster) districts, to "S-1" (minimum density suburban residential), "S-2" (medium density suburban residential) and "A-3" (agricultural) districts, for that property described as the West Chico Study area was held, Mr. Lawson read the report of- the commission. 1?e said it was recommended that the interim zoning be extended so that the matter could be further considered. Mro Lawson explained the problems involved. He said they were discussing two different things at this time: (1) expiration of the interim zoning and (2) consideration of permanent zoning by the Planning Commission. Mr. Lawson explained what action should be taken. He said a neYa public hearing should be set if the Board was going to extend the interim zoning. The present ordinance will expire on February 23, 1972. Proposed rezoning discussed. Supervisor Reynolds said he would like to see this matter handled, one step at a time. Mr. Lawson asked if the Board wanted to continue a joint study with-the City of Chico. Question discussedo Time spent discussing the action to be taken by the Board at this time. Supervisor McKillop asked if the Board would entertain the suggestion of putting this area into an interim zoning far a year, and then the Planning Commission could zone the area in parts, It was felt that the interim zoning should be extend for one year and that the Planning Commission could consider the total in parts and break it off into parcels for rezoninga On motion of Supervisor Gilman, seconded by Supervisor Madigan and carried, the interim zoning for the property described as the West Chico study area was approved to be extended for one year and that a public hearing be set for January 25, 1972 at 1:30 p,m, ASS: Supervisors Madigan, McKillop, Reynolds and Chairman Gilman NOES: Supervisor Maxon 72-81 PUBLIC HEARING: SOUTHERN CALIFORNIA FINANCIAL CORPORATION PROPOSED REZONING FROM "RT-1" (MINIMUM DENSITY RESIDENTIAL TRAILER) AND "R-3" (MEDIUM DENSITY RESIDENTIAL) DISTRICTS TO "MHP" (MOBILE HOME PARK), R-3 AND "C-l" DISTRICTS FOR PROPERTY LOCATED IN KELLY RIDGE ESTATES EAST OF OROVILLE - CONTINUED The public hearing on Southern California Financial Corporation property proposed rezoning from "RT-1" (minimum-density residential-trailer) and "R~3" (medium-density residential) districts, to "MHp" (mobile home park), "R-3" (medium density residential) and "C-1" (light commercial) districts for that property generally located in Kelly Ridge Estates, east of Oroville, between Arroyo Drive and Hillcrest Avenue, on the east side of Ke11y Ridge Road, was held at this time; A request for continuance from the applicant was read, Hearing opened to the public at this time, Appearing in oppositionE no one. Appearing in favor: no oneo Hearing closed and continued to February 1, 1972 at 1:30 pom. Page 308. January 11, 1972 January 11, 1972 72-82 PUBLIC HEARING (CONTINUATION) C. N. KOENIG, VARIANCE TO MLNIMUM LOT AREA PARADISE The continuance of the public hearing on the application of C, N, Koenig, variance to minimum lot area requixed in an "R-1 A&C" District, parcel located on southeast corner of Oliver Road and Sunset Drive, Paradise, was held at this time. Chairman Gilman asked how many of the Board members had viewed this area in question, Supervisor Madigan said he had looked at the property in question and he felt that if the parcel was split, it would make both parcels too small. Supervisor McKillop said he concurs with the Planning Commission and would recommend denial of the variance. Chairman Gilman said he had viewed the site. These are small homes rather well built. They are the kind of homes that senior citizens would want. He feels that the lot could be split and used without any problems, Supervisor Maxon said he was in favor of approving the variance. Supervisors McKillop and Reynolds said they world like to look at the property prior to making a decision. Hearing continued to January 18, 1972 at 1:30 p.m. 72-83 PUBLIC HEARING: CONTINUED DISCUSSION: EAST AVENUE AREA REZONING The continued hearing on the East Avenue area rezoning held at this time. County Counsel stated that he had talked to Mr. Stiles about the granting of an easement to the County. An amendment to the C-2 ordinance would extend the set back line on the McDonald property. Time spent discussing the offer of the residents in the area. Discussed amending the ordinance concerning C-2 districts, to require a 15' set back. It was suggested that the zoning be approved and that a public hearing be set for consideration of the amendment to C-2 District ordinance. ADu~T ORDINAtdCES N0. 1225, 1225 & 1227 Supervisor On motion of Supervisor McKillop, seconded by/Madigan and unanimously carried, the East Avenue area rezoning was approved, subject to the amendment to the C-2 district ordinance, and the following ordinances were adopted and the Chairman was authorized to sign: Ordinance No. 1225 amending Butte County Ordinance 99b, consolidating "C-2" (General Commercial) Districts Ordinance No. 122b amending Ordinance No. 928, consolidating "R-4" (maximum density dwellings-restricted service) districts Ordinance No. 1227 zoning a portion of the County an "A-R" (agricul~ura h residential) district, and establishing regulations for the use of land and the construction of buildings, A public hearing was set for January 25, 1972 at 1:30 p.m. for consideration of the amendment to C-2 District ordinance. 72-8~r FURTHER DISCUSSION: REPORT ON SECO REZONING County Counsel presented his recommendation at this time concerning the Seco rezoning matter. His report was discussed earlier in the day. Mr. Blackstock said the Board could apply the PA-A ordinance at this time. A public hearing should be set for an ordinance covering this rezoning. Jim Lawson, Planning Director, stated that the best way to handle this maUer would be to have the ordinance setting a PA-R district to cover this property and be identified with this property. A public hearing would have to be set covering this hearing. Stan Sedor, one of the applicants, spoke on the rezoning at this time. He said they were going to have financing problems if this keeps getting delayed, Page 309. January 11, 1972 January 11, 1972 Matter reset for hearing on January 25, 1972 at 1:30 p.m. to hear this matter on the proposed PA-R (planned area-residential) zoning. 72-85 APPROVE RENEWAL OF DANCE LICENSE FOR FARADISE TEEN COUNCIL On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, the application for renewal of the dance license for Paradise Teen Council from January 1, 1972 to December 31, 1972 was approved, with the fees waived and subject to the approval by the Sheriff. 72-86 ADOPT ORDINANCE No, 1228, AMENDING SALARY ORDINANCE On motion of Supexvisox McKillop, seconded by Supervisor Maxon and unanimously carried, Ordinance No, 1228, amending salary ordinance, concerning positions in the Sheriff's Department and the Welfare Department, was adopted and the Chairman was authorized to sign. 72-87 DISCUSSION: REPORT ON JUVENILE HALL CONSTRUCTION The report on the Juvenile Hall construction discussed. The proposal to the Boaxd is to continue on with the original concept of satisfying the County of Butte own needs, Supervisor McKillop stat<~d that there had been a complete absence of members of Board of Supervisors from other counties at the meetings. He feels that this recommendation is a little premature. He felt that maybe a new meeting should be set up to discuss this matter, It was suggested that a meeting be set during the CSAC meeting to be held in Chicoa It was felt this would be a good time to discuss the matter with the Supervisors from the other counties. Mr, Mickelson was requested to arrange to have Mr. Nissen and Mr. Casagrande at the meeting in Chico. 72-88 DISCUSSION: VISTEC APPLICATION FOR SEWER SERVICE AREA The Administrative Officer, as the Executive Officer for LAFC, has xeceived a formal application from Vistec requesting the formation of a sewer service area to service theix proposed developmento Usual procedure for county service areas has been for the county to file the application with LAFC. Dan Blackstock, County Counsel, said the matter could be handled either way. A public hearing will be held after the matter has gone thru LAFCO. Matter discussed; no action needed at this time. 72-89 APPROVE DATA PROCESSING AGREEMENT-GLENN COUNTY On motion of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, the agreement with County of Glenn for processing of unsecured tax rolls was approved and the Chairman was authorized to sign, 72-90 TRAVEL REQUEST APPROVED On motion of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, the following travel request was appxoved: Request of Assessor for ten members of his staff (appraisers, auditor-appraisers and assistant assessor) to attend courses in appraisal procedures in Sacxamento as xequixed by Section 670 and 671 of the Revenue and Taxation Code, January 24 to 28, 1972, Four nights lodging. Estimated cost of trip $6$5.55. Travel by private automobiles. 72-91 AWARD OF BIAS FOR AUTOMOTIVE EQUIPMENT Tom Struthers, Purchasing Agent, reported on the bids for automotive U ~ equipments Recap sheets passed out to the Board memberso These bids excluded O ~~ the patrol cars. These are for the general purpose vehicles for the fleet. The Administrative Officer and Purchasing Agent recommend the awarding of the Page 310. January 11, 1972 January Its 1972 first 17 vehicles to Sierra Dodge at a total cost of $48,771.64. Fo H. Hart Coa, Sacramento, offered a lower price for the 4 k:~hek1 drive z ton pickups, They recommend that the bid be rejected for failure to meet specifications. F. B, Hart Co. did meet the specifications for the 3/4 ton van, bid price $3,078.04. Last week a transfer of a surplus pickup truck to County Buildings was approved. The vehicle that appears most suitable is a 1965 Ford pickup, County Number 185, belonging to the Agriculture Department. Since the transfer would bq from one general fund department to another, no transfer of funds would be necessary, Discussed, Mr, Struthers stated that 2 vehicles were bid higher by private citi2ens for direct sale rather than trade~in prices. He recommends that these two vehicle$ be declared surplus and that the Purchasing Officer be authorized to sell these vehicles to the highest bidder, Award of these bids discussed. On motion of Supervisor Reynolds, seconded by Supervisor McKillop and unanimously carried, acaard of bids for county vehicles were approved as follows: Sierra Dodge $48,771064 Fo Ba Hart Co. 3,078.04 Vehicle ~r~185 be withdrawn from the surplus list and transferred to County buildings. Vehicles X191 and 182 declared surplus and the Purchasing Officer authorized to sell these vehicles to the highest bidder as follows: ~k191 - $238.00 to Roy Vance ~k182 - 411000 to Wo Ho Fariester RECESS: The Board recessed at 3:15 to go into an executive session RECONVENED: The Board reconvened at 3:30 following an executive session, 72-92 BUBGET TRANSFERS APPROVED Clif Mickelson, Administrative Officer, reported on the Budget Transfers, He said there was an additional transfer, other than those listed for the Board members. B-25 would transfer the ffunds necessary to set up the funds for Medi-Cal. Transfer B-24 discussed, This would be a transfer of $100,000 from the Reserve for Contingency to the Hospital F-90 fund for temporary assistance to correct the deficiency in this fund, Mr. Mickelson explained the transfer. Mr, Mickelson set out some of the problems at the hospital. Frank Dingfelder, a member of the Hospital Soard of Trustees, present and set out the problems involved, Mra Mickelson stated that this could break the County, The transfers to the hospital could consume all the money in the reserve for contingency, Supervisor Reynolds requested that Mr. Mickelson speak to the memo from him to the Soard members. Mr. Mickelson stated that a unnecessary thing happened. The finance houses refused to cash hospital payroll warrants. He said this was totally unnecessary. There were adequate funds available. He said a financial situat~.on does exist at the hospital. Mr, Mickelson said there was only one Page 311. .3anuary 11, 1972 January 11, 1972 person who could have given the banks this information; Mr, Swinney, the County Treasurer. Supervisor Reynolds said he would like to hear from the Board of Trustees of the hospital about this matter, Supervisor McKillop said fie felt the County was being unjustly laid upon for these monies, He said the County Counsel should go down to the State and tell them that the County has to have timely payments of these accounts, The County should go to the intermediaries and advise them of the situation, Supervisor McKillop made the motion that the County Counsel and Mr. Ev Bosworth go to Sacramento to the Intermediary and advise them that the County has to have timely payments of these Medi-Cal payments and inform them of the situation at the hospital. This motion was seconded by Supervisor Keynolds and unanimously carried. Chairman Gilman said the Board of Trustees. has to have a decision whether or not the facility will continue to operate. Supervisor Maxon said the report should be given soon on this matter. It waa felt that a decision should be made soon or the hospital would bankrupt the Countyo Mr. Nickelson said there would be a committee meeting this coming Monday evening. Discussed the work of the committee and what should be done at the hospital. Supervisor Saxon requested that Mr. Nickelson sit docan with County Counsel and get an opinion on the medical service of the poor. Mr. Nickelson said that as long as there is a County Hospital, anyone who has problems in paying accounts, will go to the County Hospital. Discussed employees at the hospital. Chairman Gilman stated that as long as there are employees out at the hospital, they will be paid. This Board is obligated to pay them. Chairman Gilman said this Board should give the Board of Trustees at the hospital some direction. Supervisor McKillop said that bill 949 changed things. If the State broadens the indigent care formulae, the County could be paying a great deal. There are many things about this bill the County does not know about. Problems at the hospital set out and discussed. One problem at the hospital is the collection of accounts; another problem is the physical condition of the hospital. Chairman Gilman said he wondered if this hospital would be in operation at all if it were not a county hospitalo Supervisor Madigan asked how much information Mr. Bosworth would have after next Monday night's meeting. Mra Nickelson explained what would be covered at the meeting, He explained the report and how it would be prepared. He said the County did not want to be in a position of being accused of not covering any area. Chairman Gilman asked if it was essential to have the $100,000 transfer at this time. Mr. Jack Morgan, Hospital Board of Trustees member, said he did not have any idea what would be required. The amount that would be required will depend upon the census at th~o ospital, and how the accounts are being paid, He said there was only one way t~, ~s far as he was concerned. That is to phase out thQ hospital, in an orderly way. He said this hospital has cost the taxpayers a great deal of money. He said these people could go to private care centers and could be billed at Medi-Cal rates. Mr, Morgan said he would like to urge the Board to make the decision to the affect that this matter should be up to the vote of the people. Wm. Tubbs, hospital business manager, explained the matter of collection of the accounts. He said that in two weeks they would be able to give a good breakdown. It was stated that an investigation should be made in the time lag in billing Medi-Cal and Medi-Care accounts and receiving payment. Page 312. January 11, 1972 January 11, 1972 Mr. Dingfelder sa~.d the Board of Trustee members were not held in good esteem at the hospital. Theix hands are tied until the Board makes a decision. He said the out-patient department should not be closed. He explained what portions of the hospital that could be closed. Mr. Dingfelder urged the Board to come to a decision in this matter. Mr. Blackstock stated that the Board had received an appraisal by the Auditor of the financial position of the hospital. He would recommend that the Board direct the Auditox to come up with a plan on how the hospital was going to be financed for the balance of the year. Chairman Gilman asked if Mr. Tubbs would venture a guess as to how long the $100,000 would last. Mr. Tubbs stated that based on the cash flow for the last month, it should last about 45 days. Chairman Gilman said he did not see any way out but to continue to fund this hospital until a decision has been made. Mr. Nickelson stated he would start accelerating the committee meetings, It was moved by Supervisor Gilman, seconded by Supervisor Maxon and unanimously carried that it is the intention of this Board that by the end of February (the 29th), 1972, they would come to a decision on the hospital matter. Supervisor Maxon said there should be hearings held in this matter. It was suggested that maybe a night meeting should be held to further discuss this matter, Mr, Nickelson said the committee would have their report to the Board of Supervisors by the 15th of February. On motion of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, the following budget transfers were approved: B-19 Paradise Justice Court, transfering $100 from jury and witness expenSO to equipment maintenance B-20 County Buildings, transfering $10,15 from maintenance of structure and improvements to capital outlay equipment B-21 Chico Marshal, transfering $20 from transportation and travel to clothing and personal supplies B--24 Butte County Community Hospital, transfers $100,000 from reserve for contingencies to fund F-90 72-93 ADOPT RESOLUTION 72-13 URGING ADOPTION OF SACRAMENTO VALLEX AIR BASIN COORDINATING COUNCIL PROPOSAL REGARDING DISP05AL OF WOOD WASTE _` On motion of Supervisor Gilman, seconded by Supervisor Maxon and ZS~~~ vunanimously carried, Resolution 72-13 urging adoption of Sacramento Valley Aix Basin Coordinating Council proposal regarding disposal of wood waste was adopted and the Chairman was authoaized to signo 72-94 DISCUSSION: LETTER FROM CONGRESSMAN "BIZZ" JOHNSON Supervisor Reynolds mentioned the letter from Congressman Narold "Bizz" 3ohnson. He said this is a foremat of some of the things before Congress this coming yearn He feels that the letter should be taken to the Nine Northern Counties gupervisor's Association meeting to be held shortly. Mro Nickelson will place the letter on the agenda for the next Nine Northern Counties Supervisors Association meeting, ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 5:00 p.m. to reconvene on Tuesday, January 18, 1972 at 9:00 a,m. ATTEST: CLARK A, NELSONS COUNTY CLERK ~ ~ ~ ~~ a ~ By: ~ R. _~' Chairman of t Board Board of S~ rvisors Clerk, ~l Page 313, January 11, 1972.