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HomeMy WebLinkAboutM011574January 15, 1974 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9;00 a.m. pursuant to adjournment. Present; Supervisors Cameron, Gilman, Ladd, McKillop and Chairman Madigan. Clif Mickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk: INVOCATION: W. Hamilton Aulenbach, Rector of St. John's-St. David's Episcopal Church. Pledge of allegiance to the Flag o£ the United States of America 74-#8 APPROVAL OF MINUTES On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, the minutes of January 8,1974 were approved as mailed, with the amendment to Item 74-32, Page 197, to state that County Counsel will prepare an opinion concerning the matter of 40 acre or more parcels of land. Referred to presentation made by Wm. Austin concerning Juvenile Ha11 Committee. It was felt by the Surd members that the Superior Court Judges should be made members of the Juvenile Hall Building Committee. Suggestion approved. 74-49 COMMUNICATIONS Mrs. Johnnie J. Spreen, Paradise. Mrs. Spreen submits her resignation ~ effective January 4, 1974 as Trustee on the Board of the Paradise 1.n ~,y 3 Cemetery District. She requests the Board to consider making an appointment prior to their next meeting scheduled for ,Tanuary 28, 1974. Discussed. Referred to Supervisor Cameron to report back next week. Sarah Sims, Oroville. Mrs. Sims writes regarding the practice of plea ~ s p.0 b bargaining as used by Public Defenders. Discussed. Copy to be sent to public Defender and District Attorney. Administration to follow up. Western Hi11s Realtors, Paradise. The Realtors representing Mr. and Mrs. Lum file appeal in their behalf to the decision on January 3, 1974 by / 3.a ~ the Planning Commission reference negative declaration of environmental impact. Discussed, Hearing set for January 29, 1974 at 2;00 a.m. Charles E. Harvey, Chico. Mr. Harvey writes in support of extension of the d interim zoning in the west Chico district and forwards petitions / l 3.d to this effect signed by approximately 128 residents. Discussed later in meeting. Thermalito Multi Purpose EOC Center. The Advisory Board of the Center writes ~~ p ~ to protest the budget proposal voted into effect by the Butte (p County Economic Opportunity Council on January 3, 1974. Discussed. Referred to EOC Administering Board. California Association of Public Purchasing Officers. Mro Lowell Martin, ~, O t1 ThomaseBt~StrutherstaeStatecof CalifornianCertifiedcpublic Purchasing / O Officer. This certificate is not easy to obtain and involves passing both written and oral examinations. Board will send letter of commendation. City of Chico. The City Council has voted to support an extension of interim zoning in the west Chico areas Discussed later in meeting, Assemblyman Bill Bond. Mr. Bond writes regarding his non-paxtisan proposal to establish an independent commission with complete authority for reapportionment of our state, beginning in 1980. He requests review of his proposal and reply within 30 days. Dan Blackstock to report back next week. January 15, 1974 Page 203. ~.__ _ _ _ _ _ _ _ _ _ _ _ _ _ January 1S1 1974= _ _ _ _ _ _ _ _ - _ - - _ _ State Air Resources Board. The Board advises that our District's revised ~ ~~ D 3 subvention application for relocation funding from personnel to the purchase of source testing equipment has been approved. Infaxmation only. Duncan and Jones, Urban planning and Design Consultants. Enclosed a master copy of ; / ~ 3. ~ v report entitled "Organization, Functioning, and Financing of an Area Planning Commission'; according to agreement with City of Chico. Copies to be made for Board members and discussed at later date. C1 ence S. Brown, Attorney at Law. Claim of Fred Sheppard against County. ~ ~ d'~' ~ See motion following communications. A. J. McKale. Appeal of Planning Commissions approval of Mathews Ready Mix, //'.S.C ~ Inc. Use permit to allow a ready-mix concrete operation. Set for hearing on February 12, 1974 at 2;00 p.m. ~ ~ C. W. Bachman, Professional Engineer. Appeal of the K/T Investments, Inc. parcel / / 3' map. Read and discussed. Referred to Director of public Works and County Counsel far study and for a report back to the Board. 74-50 CONFIRM ACTION OF EOC. INC. ADMINISTERING BOARD Action of the EOC, Inc. Administering Board taken at their meeting of January 11, 1974 discussed. Termination of employment of Jeanne Tolman and James Harris as acted upon at said meeting. It was stated that a date had been set for the screening of applicants for Director of E.O.C. On motion of Supervisor Gilman, seconded by Supervisor McKillop ` and unanimously carried,-the Board confirmed the action of the E.O.C. Administering Board regarding the termination of tenure of the following employees: Jeanne Tolman - January 11, 1974 James Harris - January 25, 1974 74-51 REJECT CLAIM OF FRED SHEPPARD / O O` y ~ On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the claim of Fred Sheppard in the amount of $100,000, plus any medical expenses according to proof, was rejected and referred to County Counsel. 74-52 DISCUSSION: "DISCLOSURE LAW: Dan Blackstock, County Counsel, reported on the "Disclosure Law". The Secretary of the State had sent his interpretation to the County Clerk last Friday. Senator Moscone felt that the Secretary of State had not interpreted the Bill as he intended the bill to be interpreted. Senator Moscone is putting in a bill to correct the situation. It was Mr. Blackstock's recommendation that the County wait and see how the bill fares; the bill should clarify the situation. County Clerk will send the Board members a copy of the bill and the opinion. Discussed; no action taken. 74-53 ADOPT ORDINANCE N0. 1423 AMENDING ORDINANCE N0. 1284 OF THE COUNTY OF BUTTE. KNOWN AS THE "SALARY ORDINANCE" On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, theBoard waived the second reading of the ordinance amending Ordinance No. 1284 of the County of Butte, known as the "Salary Ordinance", adopted ordinance No. 1423 and authorized the Chairman to sign. 74-54 TYPEWRITER DECLARED SURPLUS PROPERTY On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the Board declared an Underwood electric typewriter ~~02551 surplus and authorized disposal by the Purchasing Agent. Page 204. January 15, 1974 ----------===,~anuary 15,,1974====____ l=__== 74-55 BUDGET TRANSFERS APPROVED On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the following budget transfers were approved; B-46 County Library - $24 from Other Transportation and Travel to Board authorized travel B-47 Welfare - Sets up $301,613 in the Welfare Administration-Contributions to other Agencies account 74-56 REPORT BY DR, ENLOE, HEALTH AEPARTMENT, ON CHILD HEALTH AND DISABILITY PREVENTION PROGRAM Dr. Enloe reported on the Child Health and Disability prevention program. He stated that a summary of the program had been sent to the Board members. The summary was self explanatory, it was felt. He stated that this is a big program and the time table is almost impossible to meet. He said a director would have to be appointed and would need professional people in Health and Welfare to handle the program. A strict accounting procedure will have to be set up. A full time secretary will be needed to keep the program rolling. Dr. Enloe stated the Board has two choices concerning the program. (1) Could wait until the State finalizes the program and then operate along their guidelines or (2) could develop a plan for implimenting the program in the County and then'modi~fy the plan later if need be to go along with the State guidelines. Under this plan, an interim director would need to be appointed to tie down the program. A task force could be appointed instead of an advisory board. Time spent discussing the program. Dr. Enloe explained the personnel that would be needed to do the planning job. Supervisor McKillop suggested that maybe the County could appoint a seven-man advisory committee and let them look at what the County does have in this area. It was felt this was the way the County should go, Mr. Nickelson will study the guidelines for people to serve on the committee and will bring back suggested names for the Board's consideration. Matter placed back on the agenda for Tuesday, January 29th, 1974. RECESS: The Board recessed at 9:55 a,m, to go into an executive session. RECONVENED: The Board reconvened at 10;25 following an executive session, 74-57 APPOINTMENT OF DR ENLOE AS DIRECTOR OF HEALTH SERVICES AND MEDICAL DIRECTOR Chairman Madigan reported on the executive session and what had been discussed. On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, Dr. Enloe was appointed Director of Health Services and Medical Director of Butte County, at a salary of $3,120 per month. 74-58 APPROVE HOMEMAKER. PILOT PROJECT Bob Crisan, interim Welfare Director, spoke to the Board concerning the Welfare Department and Oroville High School cooperative project whereby homemaker training and homemaker qualified individuals will be made available to the County Welfare Department. He said the program would involve about 20 students at the Oroville High School in this pilot program. The students would be paid at the rate of $1.70 per hour. Page 205. ,7anuary 15, 1974 ______________sanuaryl5,, 1974=====____--___ Time spent discussing the program. On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously caxried, the Board concurred with the concept of the Homemaker pilot project and authorized the Welfare Department to proceed with the pilot program. 74-59 AUTHORIZE LETTER TO BE WRITTEN IN RE NORTH STATE COOPERATIVE LIBRARY SYSTEM- FUNDING STATUS Jo Terry, County Librarian, spoke to the Board concerning the North State Cooperative Library System funding status, She explained the system, stating that the nine northern counties have participated in this cooperative for the past six years, They have reached a state where the funding is quite limited, Some of the services will have to be limited, She explained the services that are gained. from the system. The action that Mrs. Terry is requesting is that the Board consider writing a letter to the Governor expressing appreciation for the program and ~equesting continuation of the program. She is hoping that there will be Federal Funds released to supplement the program. It is felt that she will need a minimum of $125,000 to continue this system for the counties involved in the program. The services will have to be cut if the State does not help more in this program. Program discussed, On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, a letter was authorized to be written to the Governor, indicating the value of the system, and requesting that the program be continued and upgraded if possible, said letter to be signed by the Chairman of the Board, 74-60 AUTHORIZE THE ESTABLISHMENT OF CHANGE FUNDS FOR BRANCH LIBRARIES On motion of Supervisor Ladd, seconded by Supervisor Cameron and unanimously carried, establishment of change funds in the eight county branch libraries at a total not to exceed $40.00 was authorized. 74-6 APPROVE AGREEMENT FOR SALE FOR RIGHT OF WAX ACQUISITION: WAIVE READING OF PROPOSED ORDINANCE AMENDING THE BUTTE COUNTY BUILDING CODE AND ESTABLISHING A NEW FEE Clay Castleberry, Director of public Works, reported that an ordinance has been prepared adding a $25 inspection fee for purposes of reports to finance companies. Proposed ordinance discussed. On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, the fallowing action was taken; I. Approved agreement for sale on the following, authorized Chairman to sign and authorized Auditor to issue warrant upon demand of County's escrow agent; Skyway FAS 757(4) Pcl. l7 E-Z Way Mobile Home 0.049 ac. $3,000 No impr. -0- Total $3,000 2. Waived the first reading of the proposed ordinance amending Butte County Building Code and establishing a new fee. page 206. January 15, 1974 _--_____-====?anuar~ 151974=====_________ 74-62 ADOPT RESOLUTION 74-4 MAKING APPLICATION TO LOCAL AGENCY FORMATION COMMISSION FOR ANNEXATION OF TERRITORY TO COUNTY SERVICE AREA N0, 4 On motion of Supervisor Cameron, seconded by Supervisor Ladd and unanimously carried, Resolution 74-4 making application to Local Agency Formation Commission for annexation of territory to County Service Area No. 4 (Scales) was adopted, Chairman was authorized to sign, and the applicant was authorized to record the map and deeds at this time. 74-63 REPORT ON BTD OPENING FOR BOAT LAUNCHING RAMPS PROJECT N0, Rec 73-2 AUTHORIZE AWARD OF BID Clay Castleberry, Director of Public Works, reported on the bid opening for boat launching ramps Project Rec 73-2, He recommended that the low bid be accepted. On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, the low bid of W. H. Lindeman & Son, Red Bluff, in the amount of $102,265 was accepted for the construction of the boat launching ramps, the Chairman was authorized to sign, subject to County Counsel's approval, as planned in the initial grant. 74-64 DISCUSSION: REQUEST FOR LOANS FOR BALANCE OF THE FISCAL YEAR FOR COUNTY SERVICE AREA LIGHTING DISTRICTS Mr. Castleberry stated that there is no money to put in the light authorized for County Sexvice Area No. 49. He asked if the Board would consider loaning the district $195 to install the light. He reported that all the county sexvice areas formed for lighting needed money to operate or the lights would be turned off. Mr. Mickelson asked if the Board would care to discuss the loan of funds to these districts. County Service Area No. 49 would need a transfer of $195 for the purchase of the light and the other districts would need a loan of $700 to operate the lighting within their boundaries. It was stated that a tax rate would have to be established for County Service District No. 49. Transfer and loan discussed. Matter tabled at this time. 74-65 AUTHORIZE TRANSFER OF FUNDS_~0 REPLACE THE RIO BONITO BRIBGE Mr, Castleberry reported that the Rio Bonito bridge needed replacing as it had collapsed; the road has been closed. He said he would like to request that the Board transfer $5200 unused money from the Lincoln Street funds to replace this bridge. On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, a transfer of $5200 from the unused money from the Lincoln Street project was authorized to replace the Rio Bonito Bridge. 74-66 DISCUSSION: WORK TRAINING_CENTER FOR THE HANDICAPPED, INC, John McLaughlin spoke to the Board regarding the request for allocation of revenue sharing to the Work Training Center. He showed the year end statements of the growth pattern, Last week he had left a letter with the Board requesting that the Center be included in the Federal Revenue Sharing funds; he explained what they would like to do at the Center. He said they supply services to agencies within the County. Supervisor McKillop said he felt the Work Centex should be commended for their work. This is a budgetary factor and he felt that it should be studied by the Administrative Officer with a request that he report back to Page 2~7. January 15, 1974 -~\ ~~ _ _ - - - _ _ _ _ _ _ _ ,~anuar~ 15s 1914_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ theBoard. He felt all the work shops should be studied, Request referred to the Administrative Officer for study and with a request that a report be presented to the Board on the matter. To be placed back on the agenda at a later date. 74-67 APPEARANCE: MATTIE SIZELOVE, REQUEST FOR IMPROVEMENTS TO WATT LANE Mattie Sizelove, Rt. 2, Box 2468, Oroville, stated that the School had stopped the school buses from traveling on Watt Lane because of the condition of the road. She filed a petition si&ned by the residents on this road requesting that something be done to the road. The school will run the bus if the road is improved. Mr. Castleberry said this was a bounty road; he and Supervisor Ladd had looked at the road. A little work was done on the road, but he said he would not recommend any extensive work being done on the road unless the drainage problem is handled, Gravel was hauled in and some of the holes were filled. Mrs. Sizelove said the schoo erely asks that the road be oiled and graded, they are not asking that i be paved. She said the property owners would donate property for a turn-around for the bus. Mr. Castleberry will look at the road and attempt to help these people. No action taken at this time. 74-68 APPEARANCE: MRS, MERILEE JOHNSON CHICO REPRESENTING "BIRTH RTGHT" Mrs. Merilee Johnson, 967 Myrtle Ave., Chico, said she was appearing as an emergency stand~a.n for Noel Brown, director of Birth Right. Birth Right is a counciling service for young women. She said she was here today to make the Board aware of the need for doctor services for these girls. There is only one doctor in Chico that will accept Welfare patients. Dr. Lorenz has suggested that a maternity clinic be established at Enloe Hospital for these Welfare patients as there is a real need for such help. Mrs. Johnson explained the cases that were problems to them. Mrs. Johnson asked how this matter could be handled, She was told that the request should be referred to Dr. Enloe for his study and consideration. Request discussed. Referred to Dr. Enloe for his study and recommendation. 74-69 APPEARANCE: MR. STEPHEN MARTTN; PARADTSE Mr. Stephen Martin, Paradise, stated he owned the Skyway Cab Co. in Paradise. He said he had found out that BCAG had authorized a dial-a-ride service in Paradise. He feels that this service will run him out of business. He asked why the taxi services in Paradise were not informed of this proposal so they could have presented a proposal regarding the situation. Supervisor McKillop informed him that this was a pilot program. He suggested that he present a proposal to BCAG for their consideration. Mr. Martin said he would bring a proposal down to Oroville tomorrow and present it at the BCAG meeting to be held in this Boardroom at 8;00 a.m. 74-70 APPEARANCE: MR. JERRY MYERS, OROVILLE Mr, Myers asked the Board what would be done with his communication Page 208. January 15, 1974 __ ____ ___===,lanuary 15,1974=====-----=====T listed on today's agenda. He was told that it has been referred back to the Administering Board of EOC for study, He set out his views on the operating budgets for EOC. He had requested that there be a freeze placed on ail money granted to the EOC. He is requesting a Neighborhood program for Thermalitb. He was told that the matter will be reviewed by Mr, Mickelson, Mr. Mickelson felt the request should be handled by the Administering Board and then brought to the governing board for approval. Mr, Mickelson and the Chairman will study the request and will report back next week, 74-71 APPEARANCE: MRS, DOROTHY PARADIS, OROVILLE Mrs. Dorothy Paradfs, Oroville said it had been brought to her attention this morning that Mr. Black stock had advised this Board to wait to file their papers under the "Disclosure Act". Mr, Blackstock explained the provisions of the law concerning this act. He said the disclosure aspect will be handled during the month of Agril. Mrs. Paradis explained her feelings concerning the act. No action taken. 74-72 APPEARANCE: CLAUDE WILLIS, FOREST RANCH Claude Willis, Forest Ranch, asked if there was any advance information on the up-coming ordinance on the drilling of wells. Howard Toussaint, County sanitarian, said there was no advance material. He explained the ordinance that was being considered. Discussed; no action taken. 74-73 APPEARANCE: JAMES HANSEN, OROVILLE James Hansen, Oroville, asked the Board if they had received a copy of the conflict of interest law. He said under this law, the challenger would be compensated his costs in the matter. Discussed; no action taken. RECESS: 12:15 RECONVENED: 1:30 74-74 PUBLIC HEARINGS SET Public hearings were set for Februaxy 12th, 1974 at 2;00 p,m. on the following: 1. Planning Commission initiated rezoning from "A-2" (general) to "A-3" (agricultural) and "A-40" (agricultural-open space) for the southwest portion of the County. 2. Abandonment of alley between Birch Street and Pearson Road, Paradise. (See motion adopting Resolution setting date of hearing to Feb. 26th, later in meeting) 74-75 CHICO AND OROVILLE URBAN AREA RECOMMENDATION DISCUSSED: ADOPT RESOLUTION 74-5 APPROVING URBAN AREAS AS RECOMMENDED Jim Lawson, Planning Director, set out the urban area recommendations for Chico and Oroville. He said that copies of the maps were given to the Board members. Lines showing the spheres of influence explained. He said the Chico Planning Commission concurred with the Planning Commission's recommenda- tion, Urban areas discussed, as recommended by the Planning Commission. Supervisor Ladd set out his feelings concerning these urban areas, He felt the area was too large and shouldage ~ ~~ced and expanded later. Januaxy 15, 1974 ~..`, ---. -_. January 15, 1974 Chairman Madigan felt it would be better to take in too much property and reduce later if necessary. On motion of Supervisor McKillop, .seconded by Supervisor Gilman -and carried, Resolution 74-5 setting out urban areas £or Chico and Oroville, as recommended by the Planning Commission and delineated on the maps, -was adopted and theChairman was authorized to sign. AYES: Supervisors Gilman, Cameron, McKillop and Chairman Madigan. NOES: Supervisor Ladd 74-7b TENTATIVE PARCEL MAPS APPROVED , On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the following action was taken: zoned A-2 (in hearing for A-3 zoning) Joseph Hughes, AP 24-09-24, 2 lots, north- east corner Hwy. 99E & Nielson Avenue,,-south of Gridley. Engineer: rillet-Harris- Duranceau/ASSOC. Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel map of the above property has been reviewed by the Butte County Subdivision Committee and the Planning Commission. The Subdivision Committeea~c~~~a~nn~'~ g~~ommiss.io~n recommends approval of the tentative map, subject to the following conditions: 1. Deed to the County of Butte 40 ft, right-of-way measured from the centerline of Hwy. 99. 2. Deed to the County of Butte 30 ft. right-of-way measured from the centerline of Nielson Road, including 20 ft. return at the intersection of Hwy. 99 & Nielson Avenue. 3. Indicate a 5S ft. building setback line measured from the centerline of Hwy. 99. 4. Indicate a 50 ft. building setback line measured from the centerline of Nielson Avenue. A Negative Environmental Impact Declaration has been filed with the County Clerk on December 17, 1973. sew +a~ ~~~ ~~ t~ ~~~ta~~a x w~:t€z~ wr~~ ~i;~ ~t~sa~3~ttams 2, Approved one tentative parcel map recommended for approval and in an area that has previously. been and is in the process of being four by foured; 1. One tentative parcel map recommended for approval; page 210. January 15, 1974 _ _ _ - ~- _ _ _ - - _ _ _ _ = 3anuar~ 15= 19 Z4= _ _ _ - _ _ _ _ _ _ _ Zoned AR-MH-3 Floyd V. Powell, AP 41-40-19, 2 lots, west side of Clark Road & on west branch of Clear .Creek, south of Paradise. Surveyor: Gary Lippincott Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel map of the above property has been reviewed by the Sutte County Subdivision Committee and the Planning Commission. The Planning Commission and Board of Supervisors should be advised that this parcel map is in an area that has previously been and is in the process of being four by feured. The Subdivision Committee and the Planning Commission recommends approval of the map, which meets the subdivision ordinance require- ments, subject to the following conditions: 1. Show a 50 f t. septic tank free setback measured from the edge of the west Branch of Clear Creek. 2. Denote on the final map .the areas to be used~for leach lines, as per results of soil depth and percolation tests. 3. Deed to the County of Butte 40 ft. right-of-way measured from the centerline of Clark Road. 4. Indicate a 55 ft. building setback line measured from the centerline of_ Clark Road. 5. Indicate a 50 ft. building setback line measured from the centerline of the easement. 6. Verify the 60 ft. easement and the right-to-use. A Negative Environmental Impact Declaration was filed with the County Clerk on December 17, 1973. 74-77 PUBLIC HEARING: USE PERMTT-DOG KENNEL-LOMBARD AVENUE, CHICO-JOAN SWANSON AND BARBARA LUALLEN The public hearing on the use permit for a dog kennel on Lombard Avenue, Chico by Joan Swanson and Barbara Luallen was held at this time as advertised. Jim Lawson, planning Director, set out the background of the application, stating that the use permit was denied by the Planning Commission. Hearing opened to the public. Appearing: 1, John Luvaas, attorney at. law, from the law firm of peters, F'u11er & Rush, Chico, representing the applicants. He set out the purpose of the request, stating that the applicant raised small dogs for show.. 2. Eva Hopkins, a concerned neighbor. She feels that dogs should not be allowed in the area that is so closely populated, She requested that the. Board denyP 8e ~~~ January 15, 1974 ~/ C ~ 1 •- January 15, 1974 Hearing closed to the public and confined to the Board at this time. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the Board concurred with the Planning Commission and denied the use permit for a dog kennel to be located on Lombard Lane, Chico by Joan M. Swanson and Barbara Luallen. 74-78 PUBLIC HEARING: REZONING: PLANNING COMMISSION INITIATED REZONING FROM A-2 and INTERIM "AR-MH-3" TO "AR-MH-1" AND "AR-MH3" for AN AREA GENERALLY DESCRIBED AS NORTH OF PARADISE WEST OF SKXWAX KNOWN AS NIMSHEW RIDGE The public hearing on the Planning Commission initiated rezoning from A-2 and interim "AR-MH-3" to "AR-MH-1" and "AR-MH3" for an area generally described as north of Paradise, west of Skyway, known as Nimshew Ridge was held as advertised. Mr, Lawson set out the background of the request and explained the area to be zoned. The Planning Commission recommended that the area be included in the "AR-MH3" area. 'Hearing opened to the public. Appearing; 1. Mrs. Nadine Freeman, appearing in favor of the rezoning. 2. Mrs. Frank Butler, favoring the rezoning. Hearing closed to the public and confined to the Board for their consideration. On motion of Supervisor Cameron, seconded by Supervisor McKi11vp and unanimously carried, the Board approved the rezoning as designated by the Planning Commission and waived the reading of the Ordinances zoning a portion of the County as "AR-MH-1" and "AR-MH3" districts. 74-79 PUBLIC HEARING: CHARLES HARVEY-INTERTM ZONING TO "S-2" and "A-3" DISTRICTS FOR PROPERTY WEST OF CITY LIMITS, CHTCO The public hearing on the Charles Harvey request for interim zoning to "S-2" and "A-3" Districts for. property west of City limits, Chico, was held as advertised. Mr. Lawson set out the background of this rezoning, summarizing the action of the Planning Commission. He said the City of Chico endorsed the extension of the interim zoning. Letters were read from the City of Chico and Charles Harvey. Hearing opened to the public. Appearing: 1. Charles Harvey, Chico. He said the present petition should bring the number of signatures needed for permanent zoning up to the proper percentage. Mr. Lawson stated that the Planning Commission is not currently studying the area. The property is in the Chico sphere of influence. 2. Mack Hill. 3. John Stutz. 4. Mr. Jim Moore, Oak Park Avenue. He requested that the interim zoning die and that the County put in the proper zoning for the area. Hearing closed to the public and confined to the Board. Supervisor Gilman said he was a little concerned because there has not been much action on this matter. He would like to make it clear that this is not the City of Chico's r ~pgoes~il~.lity; it is the County's responsibility. January 15, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ January 1.5~ 1974_ _ _ - - He said he would be against a year's extension of this interim zoning. He is also opposed to the waiving of the fees. 74-80 ADOPT ORDINANCE 1424, AN INTERIM ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE Ali "S-2" (SUBURBAN RESIDENTIAL) DISTRICT AND ORDINANCE N0. 1426 On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, the following ordinances were adopted, the Chairman was authorized to sign, extending the interim zoning for a maximum of 180 days, with the direction back to the Planning Commission to bring back a recommendation for permanent zoning for the area; 1. Ordinance No, 1424, an interim ordinance zoning a portion of the County of Butte an "S-2" (Suburban Residential) District; and 2. Ordinance No. 1426, an interim ordinance zoning a portion of the County of Butte an "A-3" (Agricultuxal) District, pursuant to Ordinance No. 475, as amended. 74-81 APPEAL OF OAK INVESTMENTS PARCEL MAP The public hearing on the pak Investments parcel map was held at this time. Mr. Lawson stated that the Planning Commission recommended denial of the map. He said they do not know how to regulate the land use other than to stop this type development. Hearing opened to the public. Appearing; of the map. 1. Luther Wiley, Paradise. He explained the request for approval 2. Gary Lippincott. He explained that if the applicants had been present at the Planning Commission hearing they could have justified their request. He said the access road was 28' wide and is asphalted to the end; there is a cul-de-sac at the end of the access road, ge said the road is fully improved and it should be no problem to the County. Hearing closed to the public and confined to the Board, Supervisor Cameron said he felt that if the Planning Commission had had this additional information given by Mr. Lippincott, they would not have denied the map. 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XL CJ12 L-'~: &"- frP u~~ , p . ~ ~ u __ _--....----_ . 7Ch~ p3.~,n~.snr~ ~om~rat~s~.o:~, at eta mee~3axg hc~c~ ~~c~mhex• ~0, 173, ~eco~mnends~d denixa~. °'Ptxzsreata~. ~o ~~c:9:i~asa ~.~F~9,5 of ohs' pv~~~_s~sss ~.~.d ~ro:be~s~ssa~ Cc~s2e ~hs$ ~~•~~ ~.s• ~o~: ~~xa.~~a1a1.~ ~s?~ ?~+;yscA~~s~ r7~~~~~~ ~f the d+m~relopm~n~ es~ ~e~r ~e ~~p=s ©f d~~e~oprbten'~ d3s~ to the lea~g~h o4` she dead er~d ~ asad mnd pc~r~~ ~~a~~~c cawcaaia~? on, °° 74-82 TdAIVE SECOND READING OF ORDINANCE RE PLANNING COMMISSION INITIATED REZONING: FROM A,-.2 .LIMITED TO.R-1 FOR PROPERTY LOCATED NORTH OF DEAN ROAD & EAST OF PENTZ-MAGALIA HWY. On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the second reading of the ordinance was waived and Ordinance No. 1425, an ordinance amending Ordinance 925, consolidating "R-1" (single-family residential) districts was adopted, for property located north of Dean Road and east of Pentz-Magalia Highway, was adopted and the Chairman was authorized to sign. 74-83 HEARING OPENED AND CONTINUED ON THE HOUSING ELEMENT OF THE GENERAL PLAN The public hearing on the continuation of the hearing on the housing element of the general plan was opened and continued to February l2, 1974 at 2 p.m. RECESS: 3;20 RECONVENED: 3:30 74-84 REPORT ON SB 594 Dan Blackstock, County Counsel, stated he had sent the Board members a summary of SB 594. He explained the enforcement of the bill. He said all types of cold drink containers were included within the hill. Discussed; no action taken. 74-85 ADOPT .RESOLUTION 74-,6 ORDERING TNCREAS$.IN FILING FEES FOR JUSTICE AND MUNICIPAL COURTS PURSUANT TO THE REQUEST BY THE LAW LIBRARY BOARD OF TRUSTEES On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, Resolution 74-6 ordering increase in filing fees for justice a'. and municipal courts pursuant to the request by the Law Library Board of Trustees was adopted and the Chairman was authorized to sign. 74-86 ADOPT RESOLUTION 74-7 REQUESTING THAT LAFCO REVIEW PROPOSEp COUNTY SERVICE • AREA N0. 50 Mr. Blackstock gave the Board members maps of the proposed county service area No. 50. Purpose of the service area is for sewage service. The resolution should be adopted and referred to LAFCO. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, Resolution 74-7 requesting that LAFCO review proposed County Service Area No. 50 was adopted and the Chairman was authorized to sign. 74-87 ORDINANCE AMENDING AND ADDING CERTAIN PROVISIONS OF CHAPTER 20 OF THE COUNTY CODE & RESOLUTION AMENDING CERTAIN SUBDIVISION AND LAND DIVISION STANDARDS: CONTINUED TO JANUARY 29th At the request of County Counsel, Ordinance amending and adding certain provisions of Chapter 20 of the Butte County Code and Resolution amending certain subdivision and land division standards as established by Resolution 72-62 were put over to January 29th. 74-88 DISCUSSION: TAX RATE FOR COUNTY SERVICE AREA N0, 49 County Counse3. reported on the questions raised by Supervisor Cameron concerning the tax rate far County Service Area No. 49. He stated that the district was formed after January 1, 1972, The matter has to be referred to LAFCO for their consideration. Mr. Nickelson said this was strictly a mechanical thing; LAFCO can set the tax rate at their next meeting. Referred to LAFCO for setting of the tax rate. Page 214. January 15, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _January=15,=1974 = _ - _ _ _ _ _ _ _ _ - - _ 74-89 APPROVE APPOINTMENTS TO OROVILLE MEMORIAL TiALL COMMITTEE On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously caxried, the following appointments were approved to the Oroville Memorial Hall Committee; Military Order of the Louse - Wayne Warrick and Jim Donikue, alternate Feather River Barracks No. 441 - Hanford Strawn, representative to fill vacancy created by Warren Schumer resignation and Luther Elkins, alternate American Legion Post 95, Oroville - William Nisbet to remain as primary delegate and Frank Gilcrest as alternate Warren Scott Post 9602, Veterans of Foreign Wars - Lloyd Kulp as alternate delegate and Chester Stegner as primary delegate 74-90 EASTER SEAL SOCIETY: TAKEN OFF AGENDA AT THIS TIl~IE The Easter Seal Society discussion was taken off the agenda at this time. 74-91 ACKNOWLEDGE AND APPROVE SALARY WAIVER FOR MRS, CALKINS, EOC On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, the Board acknowledge and approved the action of the EOC administering Board concerning the salary waiver for Mrs. Calkins, at $764 per month retroactive to December 5, 1973 and to terminate her employment immediately. 74-92 APPROVE USING OF EDNA KIMBLE, ASSESSOR"S OFFICE, TO SEARCH DOWN FAMTLY TREES ON PARCEL SPLITS Clif Mickelson,,Administrative Officer, stated that the Board had requested he find someone to help search down family trees on lot splits. His office has contacted Mrs. Edna Kimble of the Assessor's Office, who would be willing to do this work on an overtime basis. The Assessor agrees with the using of Mrs. Kimble for this work, On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously caxried, the Board authorized the use of Mrs. Edna Kimble, Assessor's Office, to search down family trees on parcel sp7.ts, on an overtime basis, going back to January 1, 1971, to cover any request that the State might make regarding the chain of title of parcels. Use of Mrs. Kimble discussed. It was stated that the costs for this work would be charged to the Board's budget and that there would be weekly reports to the Board on the time spent on'this matter. It is to be understood that this work would be confidential, OF INTENTION TO ABANDON A PUBLIC HIGHWAY 74-93 ADOPT RESOLUTION 74-8 GIVING NOTICE On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, .Resolution %4-8 giving notice of intention to abandon a public highway (North South Alleyway in Block 4) was adopted and the chairman was authorized to sign. RECESS: The Board recessed at 4;15 to go into an executive session. RECONVENED: The Board reconvened at 5;55 following an executive session, Chairman Madigan stated that the executive session concerned litigation and personnel. RECESS: The Board recessed at 6;00 p,m. to reconvene on Wednesday, January 15, 1974 at 10:00 a.m. Page 215, January'15, 1974 RECONVENED: TheBoard,reconvHned at 10;25. Present; Supervisors Cameron, Gilman, Ladd, McKillop and Chairman Madigan, Clif Nickelson, Administrative Officer, Dan Blackstock, County Counsel and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk 74-94 APPROVE CHARGE OF 1.00 FOR WASTE WOOD AT NEAL ROAD DISPOSAL SITE Supervisor Cameron brought up the matter of waste wood at the Neal Road; he said Mr. Castleberry had given him a memo on the matter, He feels that the Baard should go along with the idea of selling this waste wood, Selling of waste wood at the dump, dumped their by the lumber mills, discussed, It was felt this wood could be placed in a pile, separated from the other debri, and sold for about $1,00 a pickup load. 0n motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the Board authorized the waste wood at the disposal sites to be sold at a charge of $1.00 per pickup load, 74-95 APPROVE APPOINTMENT TO DURHAM MOS UITO ABATEMENT DISTRICT Supervisor Gilman said he had a copy of a letter from the Durham Mosquito Abatement District requesting that Gordon L. Brewster be appointed to replace the vacancy caused by resignation of John Nystrom. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, Gordon L. Brewster was appointed to the Durham Mosquito Abatement District, to fill the vacancy created by the resignation of John Nystrom, Jr. 74-96 ITEMS PRESENTED FOR BOARD CONSIDERATION Chairman Madigan questioned Mr, Nickelson about the reply to the 1974 Grand Jury report. ~Mr. Nickelson will check the matter out and will report to the Board, by memo in the Friday mail packet. Chairman Madigan requested that Bob O'Brien, Veteran Service Officer, be pxesent at next week's meeting. There are some questions that he would like to ask him. Mr. Nickelson said he would have him at the next meeting. RECESS: ;iThe Board recessed at 10;35 to go into an executive session, RECONVENED: The Board reconvened at 11:30 following an executive session. 74-47 WM, LAWRENCE APPOINTED COUNTY AUDITOR Chairman Madigan reported on the discussion during the executive session concerning the appointment of a County Auditor to replace F. H. Seely, Jr., who has resigned. On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, William Lawrence was appointed County Auditor to fill the unexpired term of F. H. Seely, Jr,, effective February 1, 1974, ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 11:45 a.m. to reconvene on T day, January 22, 1974 at 9:00 a,m, ~ - _ // _ ATTEST; CLARK A, NELSON, COUNTY CLERK D ~~~ ~~ airman o the Boa Page 216. January 16, 1974,