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HomeMy WebLinkAboutM011872January 1$, 1972 STATE OF CALIFORNIA ) S5. ~ a, COUNTY OF BUTTE ) "..;...." `` :.. The Board of Supervisors met at 9:00 a.m, pursuant to adjournmento Present: Supervisors Madigan, Maxon, McKillop, Reynolds and Chairman Gilman. Clifton Nickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark A, Nelson, County Clerk, by Margie Catt, Board of Supervisors' Clerk. INVOCATION: Pastor Richard A, Uzze1, First Baptist Church of Oroville Pledge of allegiance to the Fiag of the United States of America 72-95 APPROVAL OF MINUTES Oa motion of Supervisor McKillop, seconded by Supervisor Maxon and unanimously carried, since the approval of Resolution 72-9 was subject to the approval by County Counsel and he did not approve said resolution and due to the fact that Thermalito Irrigation District request that sale of the bonds be delayed, the action of this Board adopting staid resolution was rescinde~3. On oration of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, the minutes of January 11, 1972 were approved as mailed with the above exception and to show on Item 72-55 that it way not a unanimous vote, 72-96 COMMUNICATIONS Mrs. Suzanne Swanson, Magalia, Mrs. Swanson protests the allowing of night ~ Zd,OV hunting on public land in Butte County. Discussed, Referred to County Fish & Game Commission for their consideration. A. L. Eib, Oroville, This letter expresses concern with the possible changes at the County Hospital. Referred to the Hospital Study Committee for their study and consideration. S. R. HQa1th,Oroville, This encloses an article from a Boston newspaper regarding ~p,dc~ failure of federal housing developments. Copias to be made for Board p~embers . Judge George Dawley, Biggsa Judge Dawley writes regarding his appointment to fill the temporary vacancy at the Gridley Court and requests consideration for the monetary loss sustained by him in fulfilling this function. Discussed. County Counsel to c~~ntact Judge Dawley, Salary to be that of Gridley judge, Maxim N. Bach, Chico, Mr. Bach, a Chico attorney, requests consideration for appointment as the judge of the Gridley Justice Court. Mr. Back ~l~l'•6'"`~ outlines his qualifications. Referred to Personnel Director and to Supervisor Reynoldso Southern Pacific Land Company. The letter refexs to Assemblyman Z'Berg's inquiry to counties as to whether they wish to establish their own individual forest ~~ ~ ~ practice regulations and states that the Southern Pacific Land Company ` feels the proble}n should be handled at the state level. Information only. ;ancont (Environmental Control Engineering), San Rafaelo The Firm requests copies of codes and ordinances pertaining to air pollution control in Butte County be forwarded to them. Referred to Air Pollution Control Officero Administrative Officer to contact Mr. Black. Veterans of World War I, Paradise Barracks No, 304, Inc. At their meeting on January 4, 1972, the organization voted unanimously in f2tvor of action p o.o~ being taken to set up the telephone number of 911 as the number to be called in any serious emergency. Information. Discussed, No action taken. County of Los Angeles. The County forwards copy of its 1972 legislative program 0 ~ `'1- '"li as adopted by the Board of Supervisors on January 4, 1972, Information only. Skow and Jones, attorneys. The Attorneys file claim in the amount of 51,000,000 O,..LC~ on behalf of Tim, Debbie, Connie and Terrie McGuire, See motion following ~ communications, Page 314. January 18, 1972 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ,~a uuar }+ 18 ~ 19 Z2 = _ _ _ _ _ _ _ _ _ _ _ _ _ _ State Division of Highways. E. F. Galligan, assistant district engineer, sends an announcement for a dinner honoring former Distxict Engineer ~~0 ~ W, L. "Bill" Warren who has been promoted to Deputy State Highway Engineer ~ in Sacramento. The dinner will be at the Elks Club in Marysville on January 25, 1972. Discussed. Some one from County will attend this dinner. ``State Division of Highways. The Division sends notice that a resolution 7r~ ~ betweenzTenmilelHousehandtForesteRanchtwasfrecordedoJanuary15fa1972ties Referred to Public Works Director for review and report back to Board. State Department of Health, Education and Welfare. The Regional Audit Director forwards copy of the audit report of the Butte County Economic Opportunity Council for the year ended December 31, 1970, Response within 30 days is requested. Referred to Administrative Officer. State Department of Conservation. The Department forwards copy of its report entitled "Environmental Impact of Urbanization on the Foothill and Mountainous Lands of California." They request comments from planning and public works directors regarding usefulness of the report. Information only. Administrative Officer to get copies for Board members. Uo Sa Department of the Interior. The Bureau of Land Management district gffice in Redding writes regarding the influencing of future resource management decisions for several thousand acres of public lands in Butte and Tehama Counties. Brochures and other materials are enclosedo They extend an invitation to participate in meetings to be held both in Chico and Red Bluff. Chico meeting is on January 18, 1972 at 7:30 p.m. in the Elks Lodge. Mr. Castleberry requested that the Board members review this report. It was stated that someone from Butte County should be at this meeting. Supervisors Madigan and Maxon stated they would attempt to be at this meetingo Sarah V. Hixson Ranch by Delight G. Thompson. Removal of Palm trees, Palm Avenue, Biggs, Mr. Castleberry said the tree committee had reviewed these trees. They agreed that perhaps they should come out. Mr. Castleberry sent them a letter concerning this matter. If trees are removed for the convenience of the property owners, they should be taken out at the cost of the property owner. Administrative Officer will contact these peaple and inform them that they can appear before the Board to discuss their request. Matter to be placed on the agenda for a later date, Charles Kolar, Paradise. He feels that the law governing night hunting should ~ ©,C v be discouraged. Letter read and discussed. Referred to County Fish and Game Commission. ~eCain & Associates, Request to appeal one of requirements of Department of Public Works concerning the Sequoyah Estates Subdivision, Request to extend the hearing from January 25, 1972 to February 8, 1972; discussed and request approved. 72-97 REJECT CLAIM OF TIM McGUIRE1 DEBBIE_McGUIRE, CONNTE MC GUIRE & TERRIE McGUIRE On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, the claim of Tim McGuire, Debbie McGuire, Connie McGuire and Terrie McGuire, for the death of Victoria Theresa McGuire, in the amount of ONE MILLION DOLLARS ($1,000,000) was rejected and referred to County Counsel. 72-98 ANNOUNCEMENT: PUBLIC DEFENDER CONTRACT UPHELD BY SUPERIOR COURT Dan Blackstock, County Counsel, announced the decision of the Superior Court concerning the case of Phillips vs F. H. Seely, County Auditor, et al, stating that the Court had upheld the contract for legal representation of indigents between the County of Butte and Jerome Warrens as legal. The Court instructed the County Auditor to pay the payroll warrants in this matter. Page 315. January 18, 1972 _ _ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _January=18 , =19 72 - _ _ _ _ _ _ _ _ _ _ - _ _ CHAIRMAN GTLMAN WELCOMED STUDENTS FROM DURHAM HIGH SCHOOL & LAS PLUMAS HIGH SCHOOL, 72-99 ADOPT RESOLUTION 72-14 AUTHORIZING EXECUTION OF EASEMENT.AGREEMENT RE FORBESTOWN ROAD F'AS PROJECT, CALIFORNIA DIVISION OF FORESTRY LANDS On motion of Supervisor McKillop, seconded by Supervisar Reynolds and unanimously carried, the agreement and grant of easement between Department of General Services and County for Forbestown Road FAS Project for. necessary land was approved, the payment of the $200 service charge for this easement agreement authorized, Resolution 72-14 authorizing execution of the agreement was adopted and the Chairman was authorized to sign. 72-100 APPROVE RIGHT OF WAY AGREEMENT FOR SALE On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, the right of way acquisitan agreement for sale between the County of Butte and Vartkes Barsam, et al, for public road purposes, Penta-Magalia Hwyo 45471-b8-1 for 1.881 ac „ no improvements, at a total cost of $941 was approved, the Chairman was authorized to sign and the Auditor was authorized to issue a warrant upon demand of County's escrow agent, 72-101 ACCEPT DEEDS RIGHT OF WAY ACQUISITION On motion of Supervisar Reynolds, seconded by Supervisor Madigan and unanimously carried, right of way acquisition deeds were accepted and the Chairman was authorized to sign the certificates of acceptance on the following: Dos Rios & Larkin Road 16391-69-1 Pcl. 12 Mariani Neal Road (parcel map) AP 56-23-20 Kimmons Bald Road Road (parcel map) AP 62-23-11 Graves Jordan Hill Ext. (parcel map} AP 58-16-9 Schreur Jordan Hill (parcel map) AP 56-16-9 Schreur Ripley Lane (parcel map) AP 52-fl12-27, Kasza 43 & 44 Wagstaff (parcel map) AP 50-34-25 Hudson 72-102 REPORT ON HOSPITAL ELECTRICAL UOTATIONS Clay Castleberry, Director of Public Works, reported on the hospital electrical quotations. He said the bids received this week were less than the estimate. Mr. Castleberry said they found something the State should have found and this item was placed in as an alternate bid. Bids discussed, Bids for the electrical work for the main building, Phase I, were received as follows; Base Bid Alternate 1. Superior Electric $3822 2. Loyds Electric 1472 $4672 3. Butte Pump 1930.35 $3419.47 4. Sexton & Gipe 1755. Bids for County Hospital Classroom, Phase II Bidder Bid Amount 1. Sexton & Gipe Electric $1582. 2. Byzon Jackson Pump Div. 3502.25 3. Loyd's Electric 17100 4. Watson Hardware & Electric 2422.55 It was stated that the money for this work would be taken out of the Hospital Budget. Funding for this work discussed. Administrative Officer was reyuested to check with the County Auditor and determine how payment would be madee Action deferred at this time until later in the Board meeting. Page 316. January 18, 1972 January 18,, 1972 72-103 DISCUSSION: STATE HIGHWAY 149 CONSTRUCTION SCHEDULING Clay Castleberry, Director of Public Works, said he would suggest that a letter be written to Senator Marler and Assemblyman Ray Johnson, requesting that they use their goad offices to do something on Highway 149. This road improvement had been scheduled and was taken off the road construction schedule in favor of Highway 32 re-construction. Mr, Castleberry said there was no major state construction in Butte County last year; the Budget that has just been presented to the Legislature shows no construction for Butte County this coming year. The new State Engineer for the Division of Highways, Marysville, will be up next week, and this matter can be discussed with him at that time, It was felt the Board should do everything in their power to see that this matter is pushed. It was suggested that the State Legislators be invited to the Nine Northern Counties Supervisors Association meeting to be held in Chico. Mr, Mickelson said he would see that this is done. 72-104 PUBLIC WORKS TO WRITE LETTER CONCERNING STUDX CONCERNING BIDWELL PARK Clay Castleberry, Director of Public Works, stated that as a result of the meeting between Chico, CARD, Butte County and William Penn Mott of Parks and Recreation, the City of Chico requests that Butte County concur with its request to Senator Marler and Assemblyman Johnson, asking that a study be made by Parks and Recreation to determine if Bidwell Park could be considered for operation and maintenance by the State of California. The request discussed. Chairman Gilman said he would go along with this request; they are looking for another source of funds to help maintain Bidwell Park. Discussed adoption of a concurrent resolution for a study. It was felt that a letter would be as effective as a resolution at this time. Mr. Castleberry explained how this matter should be handled, Tt was moved by Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried that Public Works Director be authorized to write a lettex to Senator Marler and Assemblyman Johnson concurring with the request of the City of Chico, and requesting that a resolution be introduced asking that this study be made. 72-105 DISCUSSION: INFORMATION ITEM: SB1374 Mr. Castleberry reported that SB 1374 will require that the County collect seven cents per thousand dollars evaluation on all building permits issued after March 4, 1972, The monies collected are to be remitted to the State of California on a quarterly basis. The purpose of the program is to establish a strong motion implementation program relating to earthquakes. Mr. Castleberry stated that Los Angeles County had a little phrase put in that would allow them to escape this. Mr. Castleberry explained how Los Angeles' would escape making these payments. He said if this County could pass a retro-actitie ordinance, Butte County could be exempt. He said this matter could be quite a nuisance to this County, and he said the Building schedule would have to be changed. County Counsel and Mr. Castleberry will work on this matter and return it to the Board for the Board's consideration and action. 72-106 APPROVE MAINTENANCE AGREEMENT (CHICO MUD AND SANDY GULCH FLOOD CONTROL PROJECT) The maintenance agreement executed in 1965 with the City of Chico requires p~P the City to submit an annual cost estimate of their maintenance budget for approval. Q ~~ The City's cost estimate for the 1972-73 fiscal year is $4,000. This estimate ' ~ has been checked by Public Works and they recommend that this estimate be ` accepted by the Board and signed approval returned to the City. Agreement discussed. Page 317. January 18, 1972 January 18, 1972 On motion of Supervisar Maxon, seconded by Supervisor Madigan and unanimously carried, the maintenance agreement for Chico, Mud and Sandy Gulch Flood Control Project in the total amount of $4,000 as set out by the City of Chico was approved and the Chairman was authorized to sign. 72-107 AUTHORIZE CONSTRUCTION OF PUMPING PONDS AT NEAL ROAD DISPOSAL SITE Mr. Castleberry stated that Howard Toussaint, Sanitarian-Butte County Health Department, had requested him to give a report on the pumping pond situation. They have looked at a site at the Neal Raad disposal area where they feel they can construct pumping ponds at a cost of about $3-4,000. Mr. Castleberry said that if the Board would authorize Mr. Toussaint to make a charge for the use of these pumping ponds, they could build these ponds, The septic tank pumpers would be charged so much per load. Mr. Castleberry requested Board permission to go ahead with these ponds. It was suggested that a charge of $10,00 be set for each load. The charge could be adjusted after the matter has been looked at.,at the end o€ the year. It was stated that these commercial pumpers now pay one cent per gallon ~o dump into the Oroville Sewer System. Request discussed. It was moved by Supervisor McKillop, seconded by Supervisor Maxon and unanimously carried that Public Works be authorized to construct pumping ponds at the Neal Road disposal site and that a charge of $10.00 be set per load pumped into the pond, with the understanding that the charges will be reviewed at the end of the year for reduction of fees, and that authorization be granted to close down the old Clark Road, Paradise, site, and to level tt~e ponds there and put the site back in order. 72-108 DISCUSSION: USE OF YELLOW PAINTED LINES RATHER THAN WHITE ON COUNTX ROADS Supervisor Maxon stated that a few weeks ago the Board had requested a report back on the switching from white to yellow lines painted on county roadways, Mr, Castleberry said there was a bill that made this mandatory. The painting of the yellow lineG °A the roads is State and Nationwide. It is now, also, international, He sated that the County could loose Federal funds, if the County dial not conform. Mr. Castleberry said they are going to put beads in all the stripes next year, Mr. Castleberry said he would secure more information on the bill and forward the information to the Board members. 72-109 AWARD BIDS FOR HOSPITAL ELECTRICAL WORK The Administrative Officer reported that there is appropriation set out in the Budget for the electrical items. He said there would be no problem with the awarding of the bids. On motion of Supervisor McKillop, seconded by Supervisor Reynolds aid unanimously carried, bids for the electrical work at the hospital were awarded as follows, funds to come from the Enterprise fund of the hospital: Phase I, electrical work for the main building - Butte pump in the amount of $3419.47 Phase II, hospital classroom - Sexton & Gipe Electric in the amount of $1582.00 RECESS: 10:05 RECONVENED: 10:20 RECESS: 10:20 for an executive session regarding personnel. RECONVENED: The Board reconvened at 11:10 following an executive session. Page 318. January 18, 1972 _--_____====-r===January 18~ 1972_______________ 72-110 APPOINTMENT OF DIRECTOR OF ECONOMIC OPPORTUNITX On motion of Supervisor Madigan, seconded by Supervisor McKillop and unanimously carried, Arthur C, Elmore was appointed Director of Economic Opportunity for Butte County, subject to regional office approval, at Step E of Salary Range 24,5. Mr. Elmore was introduced to the Board at this time and was welcomed to the county family by Chairman Gilman. Mr, Elmore's employment will start on February 8th, 1972 with this county. 72-111 APPEARANCE: DON BLAKE CHAIRMAN OF OROVILLE BRANCH OF THE TAX PAXERS ASSN. Don Blake, Oroville, Chairman of the Oroville Branch of the Taxpayers Assoca.ation, said he was here today to set the Board straight about problems of finances at the hospital. He read a prepared statement concerning the statements of Supervisor McKillop and D. C. Swinney, Treasurer, Mr, Blake stated he was handling the recall of two of the supervisors. Supervisor McKillop said there roas no shortage of funds at the hospital at the time the banks refused to cash the checks, Matter discussed; no action taken. 72-1~2 APPEARANCE: HAROLD _DAWSON, PENTZ ROAD, PARADISE Harold Dawson, Pentz Road, Paradise, said he had applied for a permit to store boats on his property. He was issued a permit but one of the requirements of the use permit was that the building had to be set back 350 feet. This is impossible, he felt. He said the people who had written the Scenic Highway Ordinance did not have boat storage yards in mind. He discussed this matter with County Counsel and he said that this would be allowed only be a change in the present ordinance or a change in the zoning of the area, He had written a letter to the Board December 14th and to date he has not received an answer to his letter, Clay Castleberry, Director of Public Works, stated that the Board had taken action in this matter but that he had not cr~ntacted Mr. Dawson. The Board had indicated that they felt the scenic highway should be reserved and they authorized Public Works to return his fee if he did not want to build back of the 350' set back; Jim Lawson, Planning Director, explained what was permitted in these zones. Uses are subject to a use permit, Matter discussed. It was suggested that maybe a true scenic highway ordinance should be considered. It was felt that it might expite this matter if it was referred back to the Planning Commission. Supervisor Maxon said he would like to see the matter referred back to the Planning Commission, There is going to be a study session Thursday night and this could be discussed at that time. Mr, Dawson was requested to attend the Planning Commission meeting, It was stated by County Counsel that the definition concerning "catering to the traveling public" would have to be amended. Definitions could be considered by the Planning Commission. Matter referred to Planning Commission, to be scheduled on theBoard's agenda at a later date, 72-113 APPEARANCE: WILLIAM THOMPKINS PARADISE Mr. William Tompkins, Paradise, thanked the Board for their action in changing the Sheriff's night number in Paradise. Mr, Tompkins asked the Board if Mr. Donald Black would appear at today's meeting. He said he had tried to find out if there would be citations for violations of air pollution violations, Mr. Black had stated that he would attempt to get voluntary compliance to the rules and regylations and that if they did not comply, he would then cite them into court. Mr. Blackstock explained how these matters would be handled. Matter discussed; no action taken. Page 3190 January 18, 1972 _~_________~-====January 1811972-==----------- 72-1 DISCUSSION: TELEPHONE UNDERGROUND FACILITIES AT COUNTY CENTER Mr. McFarren, county architect, has estimated that the cost of undergrounding the telephone facilities for the Centrex system between the new court building and the communications center at the Sheriff's Office would be $3,800. There are funds available in the building construction budget carried forward from prior year which can cover thiso Mr. McFarren explained the underground system and the work that would have to be done. He has contacted the telephone company and they state that they will service the county from Nelson Avenue. He explained how the lines would be set and how many conduits would have to be installed. Yesterday they resolved the location for the Centrex operator. Mr. McFarren said that someone is going to have to do the design and engineering work to get ~ this service started. Undergrounding project discussed. The Centrex project explained by Mr. McFarren. It was stated that the County had not anticipated that the telephone company could supply them with Ceni.rex this soon. This is an expense they had not anticipated at this time. Costs for this work discussed. Mr. Bosworth stated that there was prior year nr~ney unallocated that could be used. The engineering work has to be done so that the telephone company can order the right amount of cable. It takes 16 weeks to deliver this special cable. Chairman Gilman requested that County Counsel check the financial aspect of financing this and he will report back next week on this mattero Matter placed back on the agenda for January 25, 1972 at 10:00 a.m. RECESS: 12:05 RECONVENED: 1:30 72-1 PUBLIC HEARING: REZONING FROM R-1 TO R-3, PROPERTX LOCATED WEST OF ACACIA NORTH OF ORO DAM BLVD., OROVILLE (BILL MC KENZIE) The public hearing on the rezoning from R-1 to R-3, property located west of Acacia, north of Oro Dam Blvd., Oroville (Bill McKenzie) was held as advertised. Jim Lawson, Planning Director, summarized the actions of the Planning Commission in this matter. The Planning Commission recommended approval of this rezoning on an 8-1 vote. Hearing opened to the public at this time, Proponants appearing at this time: Mr. Bill McKenzie. He said the two people that had appeared at the Planning Commission meeting in opposition to this no longer apposed the rezoning. They would not appear at this time. Appearing in opposition: na one. Hearing closed and confined to the Board for action, 72-11& ADOPT ORDINANCE N0. 1229, AN ORDINANCE AMENDING ORDINANCE N0. 927, CONSOLIDATING "R-3" MEDIUM DENSITY RESIDENTIAL DISTRICTS BILL McKENZIE On mction of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, Ordinance Noo 1229, amending Ordinance No, 927, consolidating "R-3" (medium density residential) districts for that property located west of Acacia, north of Oro Dam Blvd., Oroville was adopted and the Chairman was authorized to sign, subject to this development being hooked to the City sewage system. Page 320. January 18, 1972 ________----_=====January=l$,=1472 =______________ 72-117 PUBLIC HEARING: PROPOSED AMENDMENfi TO SECTION 2.2 of Ordinance 1071, THE A-3 DISTRICT, REGULATIONS TO ALLOW HUNTING AND FISHING CAMPS AND GUN CLUBS, SUBJECT TO USE PERMIT The public hearing on the proposed amendment to Section 2.2 of Ordinance 1071, the A-3 District, regulations to allow hunting and fishing camps and gun clubs, subject to use germit, was held as advertised. Jim Lawson, Planning Director, summarized the actions of the Planning Commission. Planning Commission recommend approval of this matter. The vote of the Planning Commission wad unanimous. Hearing opened to the public, Appearing in favor of this rezoning: 1. Morey Fuqua, Chico, Attorney at law. He stated he represented Peter Merla, applicant. He said hearing was the culmination of a series of hearings, He explained the purpose of this request. He said that unless something is done in this County, pheasant hunting will be seriously jeopardized. The people that operate these clubs supply 120% of the birds killed, The club has to be licensed by the State and are subject to a use permit. 2. Peter Merlo, Chico, applicant. He explained the purpose of this application. He said the people coming up to this County to hunt need a place to park their ca ropers; they are only here during the hunting season. He said he has had the same group of people coming up for the past 15-20 years. He had a camp in Colusa prior to this in Butte County, He said they have to make a daily report on the amount of birds killed, The operation is governed by Fish & Game commission. Appearing in opposition: no one. Hearing closed to the public and confined to the Board for their study and consideration. 72-118 ADOPT ORDINANCE N0, 1230, AMENDING ORDINANCE 1071, CONSOLIDATING "A-3" (AGRICULTURAL) DISTRICTS, TO ALLOW HUNTING & FISHING CAMPS, ETC. On motion o f Supervisor McKillop, seconded by Supervisor Reynolds and carried, Ordinance No. 1230, amending Ordinance 1071, consolidating "A-3" (Agricultural) Districts to allow hunting and fishing camps, when located on sites of not less than five (5) acres, was adopted and the Chairman was authorized to sign, AYES: Supervisors Madigan, McKillop, Reynolds and Chairman Gilman NOES: Supervisor Maxon 72-119 CONTINUATION OF HEARING: PROPOSED ORDINANCE FOR FOUR-WAY SPLITS The continuation of hearing on the groposed ordinance for four-way lot splits was held at this time, At the last hearing, Public Works Director was requested to gxepare his recommendations in this matter. Clay Castleberry, Airector of Public Works, read his prepared recommendations, He gave a back ground of this matter. He said he had looked at all the recommendations presented by the Citizens Subdivision Committee and the Paradise Betterment Club. He feels that his recommendations'are good ones. Mr. Castleberry set out their history of experience in this matter. They have processed some 75 maps since AB 1301 was signed into law. There has been activity in this matter, He said he felt the Board wanted something brief and he feels these recommendations of his department are workable ones. Supervisor McKillop saidPaher~2~as been some effiergency amendments groposed g January 18, 1972 ~=F=====-----=====January=18,=1972 =________ ____ to AB ].301. He said he would not like to be premature in the adopting of the requirements under this bill, Definitions will be made cleaxer. He said this can be discussed at the CSAC meeting Friday. Emergency amendments become effective as soon as signed by the Governor. He said he felt that Mr, Castleberry's recommendations were good, Public Works recommendation No. 5,that the developer provide the necessary easements and that they will not drain onto County roads~an~f a lot split is going to drain onto someone else's property, the recommendation sets out what should be done by the developer9 discussed. Supervisor Maxon felt these requirements would cause a hardship on many people, Chairman Gilman said this matter should be resolved and at this time the Board would hear fxom the people in the audienceo Appearing: 1, George Chames, Oroville, Chairman of the Citizens Subdivision Committee. He said that in attemp~i~ig to make the recommendations brief, as set out by the Public Works Department, they will create a real problem. He said he did not feel the Counts- scald be any better off with Mr. Castleberry's recommendations as it would be with AB 1301. He said he sees some problems in land values in the County; he L-eels that there is going to be a recession of land values. He said that if this is adopted as proposed by Mr. Castleberry, the Board will be sitting as a Board of Appeal. He said the best approach would be to combine the recommendations of the Committee and those of Mr. Castleberry. Supervisor Reynolds asked Mr. Chames if he would be opposed to the Board approving the provisions of AB 1301 today, and then going over the recommendations of the Commute and Mr. Castleberry and then adopt the recommendations. Mr. Castleberry said that if it is the Board's wish, he would work with Mr. Chames and his committee to clarify AB 1301. He said he felt Supervisor Reynolds' to: (1) approve or adopt the regulations under AB 1301 and (2) to instruct the Citizens Subd,'.vision Committee to get their recommendations together and work with Public Works on preparing the recommendations to be approved by the Board. An ordinance Caill have to be prepared and the provisions of the ordinance should be spelled out. Mr. Chames felt it would be a mistake to adopt AB 1301 as it is now set out. Time spent discussing the action that should be taken. It was suggested that AB 1301 could be adopted as policy, then in two weeks, the Board could adopt an ordinance, AB 1301 could be a policy that County Public Works Department could use as a gv;.ide. The Board could then adopt something that would be clear and the interpretations would be understandable. Suggestion discussed. RECESS: 3:05 RECONVENED: 3:20 Continuation of heaxing. Appearing: I. Mr. James Hanson, Oroville, He requested that the Board determine what could be done to make AB 1301 more compatible. He said he would like to bring up something about the mountains, A friend of his has informed him that the section survey lines are off as much as a whole section. He set out the problem in these areas, 2. Mr. Gerald DeRocco, Orov'lle. He said that during the month Page 32~. January 18, 1972 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ January 181 1972_ _ W = _ _ = W _ _ _ _ _ of December he ha+.'. sent letters to the State Legislators asking them to clarify AB 1301, He said he has received about 100 letters in reply. They have indicated that there presently negotiations going on in Sacramento which would possibly work out amendments to AB 1301, He said the interpreta3tions of this bill is different by each Legislator. He said that he agrees with the recommendations of Mr. Castleberry. He said the recommendations are workable and they can live with them, He would like to see this matter set up as a reasonable and prudent man approach. 3. Mr. Bill Dawson, Fire Marshal, Paradise. He said he agreed that the Committee has worked very hard on these recommendations. He said he was looking at this matter from a fire aspect. He said they have many lot splits in Paradise. He would like to see some control in the matter of access. He said he has good relationships with the Planning Office and he hopes that these relations can continue. He said he hoped that the Board would take into consideration the definition of the word "traversable". Supervisor Reynolds said he felt that this Board needs to take some action in this matter. He said the Board needs to direct the Citizens Subdivision Committee and Public Worics to formulate something positive. He would like to see something done today. He said there are two areas that he feels should be made Board policy. Hearing closed and confined to the Board at this time. Supervisor Madigan stated that after reviewing the parcel split yesterday, he feels that there should be some interim regulations. Some of the provisions should be formulated, Mr. Castleberry said the Board should adopt the proposed definition of approved access and connectiorZS to county roads. He explained his recommendation of approved access He felt these should be approved as Board policy, as they would take care of some of the immediate problems of the County. He said an approved access would be traversable the year round. It was moved by Supervisor Reynolds that the recommendation of Public Works be approved as policy concerning approved access, with the thought that the Citizens Subdivision Committee and Director of Public Works redefine some of their recommendations and bring them to County Counsel for his preparation of an ordinance. Motion discussed. Motion ra'ithdrawn at this time. Action to be taken discussed. Supervisor McKillop felt that it would be premature to take action at this time. He did not feel that an emergency ordinance is the way to ga. He said he would like to accept the minimal requirements of AB 1301, and would like to get something from the State Legislature as to whether they are going to amend AB 1301 or not. It was moved by Supervisor Reynolds and seconded by Supervisor Madigan that County Counsel be directed to prepare an emergency ordinance that would require that a parcel map be filed for all Iand divisions that would result in parcels of 60 acres or Iess and to include a definition of traversable access. AYES: Supervisors Madigan, Reynolds and Chairman Gilman NOES: Supervisors Maxon and McTrillop Page 323. January 18, 1972 January_18,_1972 Supervisor Maxon Said theBoard has always held public hearings prior to the adopting of an ordinance. Supervisor McKillop felt the ordinance would be premature. He said he felt that Mr. Castleberry's recommendations should not be approved as an ordinance. He said he felt that AB 1301 would standarize lot splitting in this County. It was moved by Supervisor Reynolds, seconded by Supervisor Madigan and carried, that County Counsel prepare an ordinance fox Board consideration next week based upon Director of Public Works recommendations and the recommendations of the Citizens Subdivision Committee, AYES: Supervisors Madigan, McKillop, Reynolds and Chairman Gilman NOES: Supervisor Maxon 72-120 EXTEND FILING DEADLINE OF WILLIAMSON ACT Supervisor McKillop said he would like the Board to reconsider the filing date deadline of the Williamson Act applications. Matter discussed. On motion of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, the Board extended the deadline of the filings under the Williamson Act from December 15th to February 22nd, with the understandir~ that there is a possibility that it may not be effective this year. 72-121 CONTINUATION OF HEARING: C. N KOENIG VARIANCE TO MINIMUM LOT AREA PARADISE The continuation of the hearing on C. N. Koenig application for variance to minimum lot area, Paradise, was held at this time. Jim Lawson, Planning Director, explained this request. The hearing had been continued to give the Board members an opportunity to view the site. It was felt by the majority of the Board that the division of this land should not be approvedo and On motion of Supervisor Maxon,/seconded by Supervisor Gilman that the Board approve the variance request of C. N. Koenig, for variance to minimum lot area, Paradise, AYES: Supervisors Maxon and Chairman Gilman NOES: Supervisors Madigan, McKillop and Reynolds 72-122 PLANNTNG MATTER PUBLIC HEARINGS SET Public Hearings were set for February 8, 1972 at 1:30 p.m. on the following: 1. William J. Tomkins, et al; proposed rezoning from "A-2" Limited to "R-1" (single family residential) district, for Friendly Woods Subdivision, located north of Wagstaff Road at Parkwood Way, Paradise. 2. Proposed ordinance amending Section 13.6 (use permits) of Ordinance No. 475, known as theButte County zoning Enabling Ordinance. 3. Proposed ordinance amending Section 14 (procedure for precise zoning amendments) o£ Ordinance No. 475, known as the zoning Enabling Ordinance. Public Hearing was set on intention to change the name of "Coppel Court" to "Koppel Court", located in Paradise Pines Country Club Unit No. 4 Subdivision, recorded in the office of the Butte County Recorder, in Book 38 of Maps at pages 69-73, on October 27, 19719 to be heard on February 29, 1972 at 1:30 p.m. 72-123 APPROVE RATE INCREASE FOR ACUTE SECTION OF COUNTY HOSPITAL The request of the County Hospital Board of Trustees for approval to apply for a rate increase for the acute section of the Hospital to $68 per day was explained by County Counsel. He advised the Board that they could set a 2Z% increase over the base cost without any effect; the County can go to 6% increase but must report the rate increase to the Federal Internal Revenue Service. Mr, Blackstock said he had discussed this matter with Mr. Seely, County Auditor, and they will have to work up the matter. Mr. Blackstock recom3nended that the Board go ahead and set a 6% increase at this time. On motion of Supervisor Reynolds, seconded by Supervisor McKillop and unanimously carried, the Board approved the implementation of an immediate 6% increase of the rate for the acute section of the County Hospital, Page 324. January 18, 1972 _______________January=18,=1872=____--_ __-__ and authorized the preparation of a request for the over 6% increase to be sent forward to the Medi-Cal and Medi-Care Agencies. 72-124 APPROVE ABANDONMENT OF PAINT STORAGE AND_MIX_ING ROOM~_COUNTX HOSPITAL On motion of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, the request of the Hospital Board of Trustees of their intent to abandon the paint storage and mixing room and spray painting room in the old maintenance shop within 90 days was approved. 72-125 APPROVE INCREASE IN BHI RATES FOR TWO CHILDREN Mr. Robinson, Welfare Director, requests authority to increase BHI rate for one month only for two children in case no. 04-40-19, 308 in the amount of $25 each. Total grant for each would be $101 fora month. This is in the nature of a clothing allowance, as they were placed in foster care with only the hospital clothes they wore when discharged from the hospital. Request discussed. On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, approval was granted for BHT rates of $101 for tcao children for a period of one month in the above numbered case. 72-126 ADOPT ORDINANCE 1231 SALARY ORDINANCE AMENDMENT Qn motion of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, Ordinance 1231, salary ordinance amendment to re-establish the annual salary for the Oroville Constable to a rate equivalent to other Constable positions within the County was adopted and the Chairman was authorized to sign. 72-127 APPROVE UNPAID MEDICAL LEAVES OF ABSENCE On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, unpaid medical leaves of absence were authorized as follows: Hospital: A 60 day extension of absence for Charleen Dawson Public Works: A 60 day extension of medical leaves for Gus Anastasiou and Albert Billings 72-128 APPROVE MERIT INCREASE - VETERANS' SERVTGE OFFICER On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, the merit increase for the Veterans' Service Officer was approved as requested. 72-129 ADOPT RESOLUTION 72-15 RECOGNITION OF EMPLOYEE ASSOCIATIONS On motion of Supervisor Reynolds, seconded by Supervisor Madigan and unanimously carried, Resolution 72-15 authorizing renewal of recognition of the Butte County Employees' Association representing the majority of the county employees and recognition of the California Nurses` Association representing registered nurses employed by the County was adopted and the Chairman was authorized to sign. 72-130 SURPLUS PROPERTY APPROVED AND CALL FOR BIDS AUTHORIZED On motion of Supervisor McKillop, seconded by Supervisor Maxon and unanimously carried, the following action was taken: 1. One metal file and one Underwood manual typewriter in the District Attorney's office was declared surplus property and the Purchasing Agent was authorized to dispose of the same, Page 325. January 18, 1972 _~-, ~._.~____=====January=18,=1972 __ ____________ 2. Authorized call for bid for typewriters with opening set for February 2, 1972 at 2:30 p.m. in the Purchasing Office, with a report to the Board to be made on February 8, 1972. 72-131 ADOPT RESOLUTION 72-I6 OF INTENTION TO RE-NAME GOUNTY HIGHWAY On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, Resolution 72-16 of intention to re-name county highway (Coppel Court to Koppel Court, Paradise) was adopted and the Chairman was authorised to sign, setting February 29th, 1972 at 1:30 p.m. as time of hearing. 72-132 MATTERS PRESENTED BY ADMINISTRATIVE OFFICER FOR CONSIDERATION C1if Nickelson, Administrative Officer, said there was an application to CCCJ from the Sheriff for the mentally disturbed sex offender. The grant would be in the amount of $3,000. The application is in the Auditor's office for checking. Chief Barrett feels that the County should act immediately on the application. Mr. Nickelson felt that action should be delayed and hzve the matter placed on the agenda for Tuesday, January 25, 1972, it was suggested that Howard Casagrande be requested to be at next week's meeting to discuss this program. Placed e:~ agenda for Tuesday, 3anuary 25, 1972. Mr. Nickelson said there was a memo from Jean Pratt, secretary to Dave Vasco, County Assessor, statzag there would be a luncheon on January 26th at Prospectors Village, with a tour of the Feather River following the luncheon. Senator Marler and Assemblyman Johnson will be present at the luncheon. She states that reservations should be made. Mr. Nickelson will inform Mrs. Pratt which Board members would be present. Mr. Nickelson said he had placed the salary survey and report on the Board member's desk. This survey is made pursuant to the salary resolution, The Administrative Officer will confer with the department heads and the employee groups. He will request an executive sessiaz to discuss the matter with the Board members. A salary plan will be submitted to the Board by the 8th of February. A hearing will be set for the employees prior to the adoptj.on of the salary ordinanceo 72-133 REPORT: BREAK DOWN ON MEDICAL PAYMENTS TO THE STATE Ev Bosworth set out a breakdown on the medical payments to the State. He set out the unfairmess of placing health care services on the property tax rate. Discussed; no action taken. 72-134 STATUS REPORT ON CLAIMS FROM THE INTERMEDIARIES OF COUNTY HOSPITAL Ev Bosworth set out a status report concerning claims from the intermediaries of the County Hospital. He said there were two letters that deal with Medi-Care accounts. One is for in-patient and one is for out-patient accounts. This dates hack to the 1967-68 year; the Gounty had received an advance against an incorrect cost account. The letters mean that they are requesting that the County repay the $93,000 within 90 days. The letters were received yesterday, January 17, 1972. It was felt that this was a matter that should be taken up with Blue Cross. The representative of Blue Cross will be in Butte County Wednesday and this matter will be discussed at that time. Mr. Bosworth said they would try to work out a~negotiation so that the whole $93,000 will not be required within the 90 days time. A report will be given to the Board next week.The only thing they are talking about at this time is the timeliness of the repaymentq said Mr. Bosworth. Time spent discussing the repayment of the amount requested. No action taken at this time. Page 326. January 18, 1972 ___-~______=====January 181 1972= = = = ----------- 72-135 ANNOUNCEMENT: INTERVIEWS FOR OROVILLE CONSTABLE Mr. Nickelson said that interviews for the position of Oroville Constable should be held next Tuesday. He will put a release in the papers to that affect. 72-13. DISCUSSION OF ASSEMBLY BILL 724: ACTION DEFERRED Discussion of Assembly Bill. 724 was deferred to the Board meeting of January 25, 1972. RECESS: The Board recessed at 5:00 for an executive session RECONVENED: The Board reconvened at 5:25 following an executive session. 72~13'T DISCUSSION: AIR POLLUTION CONTROL MEETING: READING Chairman Gilman said there was to be an Air Pollution Control meeting in Redding this Friday, .They are going to consider adopting guidelines for ag burning and forest burningo He stated he was concerned because the Ag Commissioner, Don Black, did not p!an on attending this meeting. Chairman Gilman felt that Mr. Black should be directed to attend this meeting. Mr. Nickelson said he would attempt to contact Mr. Black; Mr, Black is on vacation at this time. Chairman Gilman said that for the Board's information this is the 15th day in a row that there is a "no-burning" day in this County. There are people that need to burn. Matter discussed. Tt was stated that there was a provision in the rules for relief so that the Air Pollution Control Officer can allow burning on a "no-burning" day. Chairman Gilman felt it was imperative that someone attend the Friday meeting. ADJOURNMENT- There being nothing further before the Board at this time, the meeting was adjourned at 5:40 to reconvene on Tuesday, January 25, 1972 at 9:00 a.m. ATT\EST:y~CLARK A. NELSON, COUNTY CLERIC D By: ~-7 _ Chairman of a Board Board of ~ ervisors Clerk Page 327. January 18, 1972,