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HomeMy WebLinkAboutM012373_. -~ ,~..__, , ~r January 23, 1973 STAT$ OF' CALIFORNLA ) S8 ., COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a,m. pursuant to adjournment, Present: Supervisors Cameron, Gid,~+en. 7,add,. Madigan and Chairman I~KillAp, Clif Nickelson, Administrative Officer, Dan Blackstock, County Counsel and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk, INVOCATION; Rev. Ralph Bower, Jr., St. Paul's Episcopal Church, Oroville, A moment of prayer vas held fox Past-President, L. B. Johnsono.. Pledge of allegiance to the Flab of the United States of America 73-89 DISCUSSION;: NATTER OF ROLL, CALL ON BOARD MOTIONS Discussed. the matter of roll call. Opposition to each motion would be recorded. As a-pilot program, the Chairman will ask if there is any objection to each motion and if none is expressed, the motion will carry unanimously. This will be tried today. 73-90 APPROVAL OF MINUTES OF. JANUARY 1b 1973 and unanimously carried, On motion of Supervisor Gilman, seconded by Supervisor Ladd~the minutes of January 16, 1973 were approved as mailedo 73-91 COMMUNICATIOATS ' Farris Wall, Chico, Mra Wall writes regarding the prublem o~ old wrecked ~~ automobiles being left where they are visable and the detrimental .C~}~~ effect of-these on property values and ask what can be done to "! alleviate the situationo Discussed, Referred to Director of Public Works and he will discuss matter with Sheriff and Highway Patrol, Jean E, Dunnington, Chico, An appeal is filed to the decision of the Butte OJ County Planning Commission in denying application for a use permit ~I~~ for au antique shop on West 7th Street in Chicoo Set for public hearing on February 13, 1973 at 1:30 p,m. Feather Falls Development, Inc. Robert T. Curry writes regarding the Forest ,lpp,c~J Service economic study of the Feather Falls area, Discussed, Mr. __II Castleberry will obtain copies of the study for Board members, Feather Falls Development, Inc. Robert T. Curry writes regarding residence of ,~pp,Dv the Feather Falls Post Office, Discussed. Letter to be sent to Congressman requesting the retaining of the post officeo Petition re business licenses. The petition signed by 42 persons is filed 4 ~~requesting regulation of so called garage sales, house sales, yard sales, ~ 0 patio sales, bedroom sales, porch sales, estate sales and basement sales. Referred to County Counsel with request that he report back to the Board. A. John Merlo, attorney. Claim for personal injuries is filed in behalf of od,Z ~ Dottie Vo Totten in the amount of $60,398,32, See motion following communications, Allen Reames, attorney. Claim for damages is filed on behalf of Kim Anne Norton ~ oo z ~ in the amount of $10,450. See motion following communications, Steel & Arostegui, Islip, Cooke, Guthrie, Lorimer & Evans, attorneys. Claim for damages is filed on behalf of Betty Jean 5ickels in the amount of 0 O~z'~$300,000, Referred to County Counsel. Yahi Group, Sierra Glubo A statement of policy with respect to Bidwell Park adopted by the group is filed with the Board requesting that it be ~ OL I ~ considered when matters of planning, zoning and development near Bidwell Park involved, Copies given to Board members. Matter to be placed back on the agenda next weeko Northern California Grocers Association. Don C. Beaver, executive director, requests that the Board consider adopting provisions of Assembly Bi11 282 which ~ permits county welfare departments to stagger the issuance of welfare o2-d'~ checks. To be discussed when Welfare Director appears later in the meeting. Page 1. January 23, 1973 v ^ ~ _-_ _-_____===--Januar~23s 1973_______________ Chico Unified School District. The Aistxict forwards its Resolution No. 98 / Y ~ a v recommending establishment of juvenile hall school for Butte County. to To be discussed when Mr, Evans appears before the Board. California Sate University, Chico. Arley L> Howsden, dean of school of education, 6 ~ requests that the Board consider seriously the"establishment of an (y y 3' educational program for Juvenile Hall. Deferred until Mr, Evans appears before the Board; City of Oroville. bean Hill, fire marshal, has written to the County Clerk ~ 0 0~0 0 regarding an inspection of the Supervisors room in the Courthouse and noting certain deficiencies. Matter discussed. Referred to Administrative Officer for a written report back to the Soard. County of Lake. The County sends copy of its letter to Mr. Ray B. Hunter, state director, department of conservation, indicating the support of ~ Q ~,0 ~ proposed cooperative programs of controlled burning as a tool in resources management. Referred to Agriculture Commissioner, See motion appointing him Air Pollution Officer. County Supervisors Association of California. Donald M. Hillman, president, i sends request for indications of preference for committee assignments, ~ ~ ~y5 Schedules for completion are enclosed and return is requested no later f than February 9, 1973. Administrative Officer will forward this information to CSAC. State Water Resources Control Board, Division of Water Rights. fihe Board forwards copy of dec~.sion approving application of James M. Cornett, et al, i1~~,0 v dba Little Chico Investment Associates, to appropriate from Little -I Chico Creek in Butte County. Information only. State Public Utilities Commission. The Commission sends copy of application / b Ora.-`'~ of Hughes Air Corp>, d,b.a, HUGHES AIRWEST, to increase its intrastate passenger fares. Information only. Faith Lutheran Church. They vote for establishment of education program at (~ ~ 3.~ Q Juvenile Hall. To be discussed later in meeting, John Westo Claim against the County of Sutte in the amount of $450, See motion ~ C p ~ z ~ following communications, 73-92 REJECT CLAit4S On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, the following claims were rejected and referred to the County Counsel: 1. Claim of Dottie V, Totten in the amount of $60,398.32 2. Claim of Kim Anne Norton in the amount of $10,450. 73-93 APPOINT AG COPf:ffSSIONER, R, A. MACKESSY, AIR_POLLUTION CONTROL OFFICER On motion of Supervisor Gi1~an, seconded by Supervisor Ladd and unanimously carried, R, A. Mackessy, Ag Commissioner, was appointed Butte County Air Pollution Control Officer, and the letter from the County of Lake to Mr, Ray B. Hunter, state director, department of conservation, was referred to him for his report. 73-94 REJECT CLAIM OF JOHN WEST On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the claim of John West in the amount of $450,00 was rejected and denied and referred to County Counsel. 73-~95 ACCEPT RESIGNATION OF RICHARD RYPKEMA PLANNING COMMISSIONER Supervisor Cameron read the written resignation of Richard Rypkema, Planning Commissioner, effective March 1, 1973. Resignation discussed, p ~ On motion of Supervisor Cameron, seconded by Supervisor Gilman and ~~J' Page 2, '' January 23, 1973 =January_23,_1473 unanimously carried, the resignation of Richard Rypkema,Planning Commissioner, was accepted with request and a letter of commendation will be written to him thanking him for his services to the Countye 73-96 MRS, PRISCILLA HANFORD APPOINTED A MEMBER OF PLANNING COMMISSION On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, Mrs, Priscilla Hanford was appointed to the Butte County Planning Commission, effective March lst, 1473, to fill the unexpired term of Richard Rypkema, 73-47 ACCEPT RESIGNATION OF MRSa EDNA SNYD~?t BUTTE COUNTY COMMISSION ON SENIOR AFFAIRS 1C~ Supervisor Cameron read a letter of resignation from Mrs, Edna Snyder ~6~}. as a member of the Butte County Commission on Senior Affairs, Resignation discussede On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, the resignation of Mrso Edna Snyder as a member of the Butte County Commission on Senior Affairs, was accepted, with the request that she serve until a replacement for her can be found, RECESS: The Board recessed at 9:30 to go into an executive session for litigation and personnel matters, RECONVENID: The Board reconvened at 10:15 following an executive session 73-98 DISCUSSION: FUNDING SITUATION OF THE EOC Mr, Garlit appeared to discuss the funding situation of the Eoc, He had sent the Board members a memo with an attached telegram concerning this matter, He has received a telegram stating that there would be a grant sent to the Countye They are authorized to spend grant funds for this programo He is requesting use of other funds based on the fact that there would be a grant coming in to the Countye Matter discussed; no action taken at this timed 73-99 APPEARANCE OF SUPERINTENDENT OF SCHOOLS: NEED FOR SCHOOL AT JUVENILE HALL Mro Tom Evans, Superintendent of Schools, spoke to the Board regarding the need for school at 3uvenile Ha11a He said he would like to have Don Nissen, Probation Officer, present during this discussiono Mro Evans stated that his County Board of Education had requested him to bring this information to the Boardo The Board of Education has adopted a resolution urging the Board of Supervisor's to establish the Juvenile Hall 5choolo He said he has a number of resolutions of support from other schools, There has been many meetings regarding this mattere Mr, Evans said that the only agency that can establish the school is the Board of Supervisor's They have put together a first year operational budgeto He explained the State participation in this mattero He presented a report to the Board; report discussede Don Nissen, Probation Officer, present and stated that he felt there was a real need for the school at Juvenile Hallo The school could be used by others than those staying at the Hall, He said that Butte County is the only Juvenile Hall in the State that does not have a schoole He explained the break- down on the average length of stay of the youngsters at Juvenile Hall, Mr, Evans explained the program at Yuba County Juvenile Hallo Mro Evans has also contacted other counties regarding this matter, Supervisor Gilman said he does not quarrel with the idea of the school being established; he does have a quarrel with where the funds will come from, He feels that the Board is being called upon for funds for services Page 30 January 23, 1973 January 23, 1973 that should be supplied by the schools. He feels that this school should be operated in the same manner as the MH and the MR programs axe operated. Mr. Evans stated that Oroville School District could supply this service, but it is less expensive for the County to operate the program. Establishment of school discussed, Supervisor Gilman said he would like this matter deferred for two weeks to give the Board members an opportunity to talk to their own people, Supervisor Cameron said he would like to go out and look at the present Juvenile Hall facilitye Matter deferred for two weeks, To be placed back on the agenda for Tuesday, February 6th, 1973. 73-100 DISCUSSION: PRELIMINARY REPORT BY EVERD MC CAIN RE SKYWAY STORM DRAINAGE AND SEWER CROSSING - SKYWAY PROJECT Mr. Everd McCain gave a brief report on the storm drainage facility. He reported on the estimated construction cost, He said the Board had suggested the sanitary sewage crossings about a month ago. He presented Mr, Dan Cook, engineer, to present the report on these crossings. Mr, Cook set out the location of the system and presented a diagram for the Board's study, Crossings set out and discussed. He said there were three basic alternatives in this matter. (1) Do nothing at this time, (2) Do not install the .sewage crossings at this time, but leave an area that could be used later for the installation of the crossings, (3) Define the positions and install the lateral crossings. This would be a cost of about $45,000, plus $9,500 installation costs. He explained how this could be done, Clay Castleberry, Director of Public Works, said this was a difficult decision to be made. He said construction could be postponed until the sewage problem has been settled, but he felt the County should go ahead with the Skyway Project to handle the traffic in that area, Dan Blackstock, County Counsel, said he would like to take a look at the plans and costs before the Board takes action, Mr. Blackstock said that Mr, Falkenstein of Paradise had planned to discuss the matter p~ the various type entities that could handle. the sewage problem in Paradise area, Mr, Castleberry felt the Board should make a decision soon. Chairman McKillop felt this matter should be taken to the community for their discussion. A meeting should be set up right away to discuss this problem. Supervisor Cameron was requested to set up a meeting to discuss this matter, Covnty Counsel was requested to contact Mr, Falkenstein and the other interested people concerned with the sewage facilities, No action taken at this timed RECESS: 11:10 RECONVENEA: 11:25 73-101 APPEARANGE OF MR, JAMES HANSEN, OROVTLLE-COMMITTEE TO KEEP & BEAR ARMS Mr. James Hansen, Oroville, Chairman of the Committee to Keep and Bear Arms said it was felt that the Federal Government is trying to remove the people's right to bear arms. He invited the Board to watch a documentary on Station 12, Television, at 10:00 p,m. Wednesday, January 24, 1973. Page 4, ' January 23, 1973 ______________ JJanuary2311973____________~~ 73-102 APPEARANCE OF MRSo ROBERT RAVERT, 1TAR7ANCE FROM GENERAL ASSISTANCE Mrs. Robert Revert, Chico, spoke to the Board concerning a variance on her behalf for General Assistance, She does not have any employment or any assistance on which to live. The Welfare Department will not give her assistance; there is no work available that she can do, She can not attend the work experience program at the hospital, The Administrative Officer was requested to talk to Mrs. Raven and determine if the Board can assist hero No action taken at this time, 73-103 APPEARANCE OF MR BOB BRITTON. CHICO: FxPERIENCE WITH PLANNII3G COMMISSION Bob Britton, Chico, said he was present today to relate to the Soard his latest experience with the Planning Commission. He said he has called the Planning Commission many times concerning the zoning in his area, He said the Board had made a decision about the Vistec property; the property was to be excluded from the PA-C district. He said that when the hearing was held in Chico about Vistec, one of the motions was that the Planning Commission was to study the project and come up with proper zoning of the area, Mr, Lawson explained the action of the Planning Commission; they have control with the PC-C zoning. Supervisor Ladd said the Planning Commission had voted last week that the present zoning was the best that they could do. Supervisor Gilman said that no action by the Planning Commission precludes this Board from further zoning as the Board sees fit. Mr, Lawson said the Board could initiate zoning. Supervisor Gilman said he felt the Board shauld consider the rezoning of the Vistec (Turner property) property. He said it would be his intention that this matter be placed on the agenda for action of this Board. Mr. Blackstock said he would suggest Lhat the Board of Supervisors direct Planning Commission to hold more hearings an the rezoning of the Turner parcel, The Planning Commission could make their decision and return the matter to the Board for Board consideration. Mr. Blackstock will research this matter and will bring it back to the Board this afternoon for further discussion. The Clerk was requested to research the minutes and see what the motion actually was and place the matter back on the agenda for next week. Mr, Blackstock will report back later in the meeting; no action at this time. W 73-104 AUTHORIZE FILING OF PRELIMINARY APPLICATION WITH FARMERS HOME ADMINISTRATION: LIME SADDLE COMMUNITY SERVICES DISTRICT Clif Nickelson, Administrative Officer, stated that the Board of Directors was requested to approve the filing of a preliminary application for a grant with the Farmers Home Administration (Act of 1961) in the amount of $750,000 for the Lime Saddle Community Services District. The grant would be used to assist in the development of the water and sewer needs in this district. The application must be made before the District can qualify for the Davis-Grunsky funds. Application discussed, On motion of Supervisor Ladd, seconded by Supervisor Cameron and unanimously carried, theBoard authorized the filing of the preliminary application with Farmers Home Administration and authorized the President (Chairman McKillop) to sign. 73-105 ADOPT RESOLUTION 73-19 APP ROVING AGREEMENT WITH STATE FOR MAINTENANCE OF BUTTE COUNTY'FISH & GAME RADIOS Gene Mercer, secretary of Butte County Fish and Came Commission, presented an agreement with the state for maintenance of the Butte County Fish and Game radios. Five radios were purchased by the County; they are requesting another radio at this time. Mr. Mercer reported that the Controller's Office Page 50 January 23, 1973 ________________ ianuar~23s19Z3=====________ notified him that the State can no longer maintain the radios. Maintenance costs would be approximately $90 per radio per year. There is money in the present budget for these costs. The agreement presented set out the maintenance of 6 radios; Mr. Mickelson said there might be a problem about the six radios, At the present time, there are only five radios. If the County executes this agreement, they are stating that they will supply another radio. The Auditor might question this action. Time spent discussing the agreement and action to be taken. The agreement will be modified to state that there will be five radios maintained at a cost not to exceed $90.00 per year. On motion of Supervisor Madigan, seconded by Supervisor Ladd, and unanimously carried, Resolution 73-19 approving agreement with the state for maintenance of five Fish and Game radios was adopted, at a cost not to exceed $90.00 per year, and the Chairman was authorized to sign. 73-106 APPROVE ADMINISTRATIVE OFFICER'S ITEMS On motion of Supervisor Madigan, seconded by Supervisor Gilman and unanimously carried, the following Administrative Officer's items were approved: 1. Authorized the noncompensated medical leave of absence for the period January 12 to April 1, 1973 for Mrs, Virginia Davis, Superintendent of Schools office, 2. Authorized call for bids for office furniture, bids to be opened in the Purchasing Office on February 14 with report to the Board at their meeting of February 20, 1973. 3. Authorized call for bids for gasoline and diesel fuel, with bid opening in the Purchasing Office on February 22 and report to the Board on February 27, 1973. 4.Approved Golden Feather Fair transfer in the amount of $213, to cover unbudgeted employee benefits during the 1972 fiscal year. 5o Approved agreement for mental health services with California State University at Chico for consultative services, and the Chairman was authorized to sign. 73-107 APPROVE BUDGET TRANSFERS On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried,the following budget transfers were approved: B-59, Sheriff-Animal Control - $147 from special departmental expense with $100 going to clothing and personal supplies and $47 to fixed assets B-60 Biggs Constable - $131 from the reserve to insurance general in the budget for official bond B-61 Gridley Constable - $131 from the reserve to insurance general to cover inadequate funds budgeted for the official bond B-62 Auditor - $75,000 from hospital reserve to the contributions to hospital account B-63 Paradise Constable - $92 from the reserve to the insurance general account to cover inadequate funds being budgeted for official bond B-64 Auditor-Controller - $383.48 from the revenue sharing monies to the Building Construction-Superior Court Building budget to cover 5 days additional interest on C~a ea~olease agreement g January 23, 1973 January_23,_1973 73-108 AUTHORIZE FILING OF APPLICATION FOR AIR POLLUTION CONTROL DISTRICT SUBVENTION C1if Nickelson, Administrative Officer, reported that the Butte County Air Pollution Control District is entitled to subvention of $7,032,52. Application discussed. On motion of Supervisor Ladd, seconded by Supervisor Cameron, and unanimously carried, the Board authorized the filing of application for Air Pollution Control District subvention and the Chairman was authorized to sign. RECESS: 12:05 RECONVENED: 1:30 73-109 PRESENTATION OF RESOLUTION TO SUPERVI50R GILMAN At this time, Chairman NcKillop presented Supervisor Gilman Resolution 73-1 in recognition of his services Zast year as Chairman of the Board of Supervisors. 73-110 HEARING: INTENTION TO ABANDON PUBLIC UTILITY EASEMENT ACROSS REf~R OF LOT 6 // OF WALNUT CREEK ACRES SUBDIVISION: ADOPT RESOLUTION 73-20 Public hearing on the intention to abandon public utility easement across rear of Lot 6 in Walnut Creek Acres Subdivision was held as advertised. Jim Lawson, Planning Director, summarized the action of the Planning Commission regarding this abandonment. Hearing opened to the public, Appearing in opposition: no one. Appearing in favor: no one. Hearing closed to the public and confined to the Board for their consideration and action. On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, Resolution 73-20 abandoning Lot 6 in Walnut Creek Acres Subdivision was adopted and the Chairman was autharized to signe 73-lil PUBLIC HEARING: OPPOSITION TO HARRINGTON REQUEST FOR VARIANCE ON WEST SIDE OF CUSSIC AVENUE AT SHASTA AVENUE CHICO The public hearing on the opposition to the Harrington request for variance on west side of Cussic Avenue at Shasta Avenue, Chico, was held at this time, Mr, Lawson summarized the actions of the Planning Commission in this mattero Hearing opened to the public at this time, Appearing in opposition: no one, Chairman McKillop continued the hearing until later in the meeting to determine whether the persons opposing this variance would be present at this hearing. 73-112 PUBLIC HEARING: EXTENSION OF INTERIM ZONING ON FOOTHILL LTs~"•~UL~ PROPERTY EAST OF OROVILLE {OLIVE HIGHWAY. WARD BLVDo. ETC.) ~ The public hearing on the extension of interim zoning on Foothill '7.,~ League property east of Oroville (Olive Highway, Ward Blvd., etc.) was held as I~ /~ advertisede Mr. Lawson summarized the actions of the Planning Commission, This area is interim zoned as an S-2 district at this time, Mr. Lawson explained the request for deletion of a portion of the area by the Kelly Ridge Developers. He read the letter setting out the request for deletion,. This is the area that was set aside for a buffer zone, Chairman McKillop said that in considering the original plan, he feels that this area should be deleted because every one of the lots in that area will be on sewers; they should not be limited to a one-acre parcel, Supervisor Gilman asked if there was some positive action by the people in the area. Nr. Lawson said that they have filed the application for permanent zoning of the area, Page 7. January 23, 1973 = W _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _JangaYy=23 ,=1473 = _ _ _ _ -- _ _ - -- _ -- - Hearing opened to the public at this time, Appearing in opposition: 1. Gordon Riggs, Orovillea He is the broker for Ke11y Ridge Estates. They have no position on this zoning other than to feel that this property should be kept out of the zoning. 2, Mr. Ray Wyatt. He does not feel that there is a need for this zoning up there. It would work a hardship on the people that have acreage and desire to sell. He feels that most of the people that will move up in that area are retired and they do not want a lot of land to keep upo Appearing in favor: 1. Mr. Lynn Wixom, Solano Ave,, Oroville, The petitioners feel That the one acre minimum would retain the country atmosphere that is there at present. He read a letter from the Foothill Resident League that requests the extension of the interim zoning. Hearing closed and restricted to the Board at this time, Zoning discussed, 73-113 ADOPT ORDINANCE N0. 1321 EXTENDING INTERIM ZQNING FORA 90 DAY PERIOD, ~.~FOOTHILL LEAGUE PROPERTY EAST OF OROVILLE (OLIVE HIGHWAY. WARD BLVD.. ETC. On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, Ordinance No. 1321 extending the interim zoning on Foothill League property west of Oroville (Olive Highway, Ward Blvd., etc.) was adopted, for a 90 day period, excluding the area requested that is in the Kelly Ridge Estates, and the Chairman was authorized to sign. Supervisor Ladd set out his feelings regarding this zoning. He feels. that the County should not limit or preclude future development in this area. Planning Commission will b Ong this matter back to the Board after the Planning Commission has completed their preliminary work on the zoning. 73-114 PUBLIC HEARING: INTENTION TO OPT OUT AS COMMUNITY ACTION AGENCY The public hearing on the Resolution of intention to opt out as Community Action Agency was held as advertised, Dan Blackstock, County Counsel, explained the purpose of this hearing. The resolution has two parts to it. The Board of Supervisors would no longer be the Community Action Agency, It would also appoint or designate the Butte County Economic Opportunity Council, Inc. as the Community Action Agency. Mr. Blackstock said that another question that will be before the Board, assuming the Board desires to opt out, is what will be the effective date. Mr. Blackstock submitted the date of April 1, 1973; a date would be necessary because of .the funding situationo Funding is being withheld pending the decision of this Boardo Hearing opened to the public at this time, Appearing in favor of the Board of Supervisors opting out as the Community Action Agency: 1. Mrs. Sane Rutherford, Oroville, She stated that the executive Board of the EOC held a meeting, She presented the reaction of the $oard to the divesting of the authority of the Community Action Agency by this Board of Supervisors. She read a prepared statement concerning this matter, She said they would request that the County continue to give "in-kind" assistance, 2, Mr, Bill McI3a11y, Chico. Page 8. January 23, 1973 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _January=23,=173 = _ _ _ _ _ _ _ _ _ _ _ 3. Doris Goodson, Oroville, member of the Advisory Board. She feels .that the people in the community will support the EOC as the Community Action Agency. 4o Mr. Herbert Orman, Palermo 5o Mr, Gonsalez, Gridley 6, Mr. Louis Forbes. He requested that theBoard of Supervisors divest themselves of the Community Action Agency ahd allow the EOC to become the sponsoring agency. 7. Marilyn Ramey, Honcut. 8. Mr. Dan Emil, representing the Chico Council on Churches. No one appeared in opposition. Hearing closed at this time and confined to the Board for consideration and action. Timing discussed, Mro Black stock said he has been discussing the problem of timing with EOC and he feels that April 1st will be alI rightfor legal notices, "In-kind" assistance discussed. It was felt that this could be provided for the balance of the fiscal year. It is the intent of this Board that the "in-kind" assistance could be provided for the months of April, May and June, 1973, x/73-115 ADOPT RESOLUTION 73-21 APPROVING BOARD OF SUPERVISORS OPTING OUT AS COMMUNITY ACTION AGENCY ~ On motion of Supervisor Camerong, seconded by Supervisor Madigan and unanimously carried, Resolutinn 73-21 was adopted divesting the Board of Supervisors of the Community Action Agency and designating the Butte County E.O.C. Inc., as the 8ommunity Action Agency, effective April 1, 1973, and the Chairman was authorized to sign the resolution; and approved the continuing of the in-kind services for the balance of the fiscal year, at which time an evaluation of the program will be made. RECESS: 2:35 RECONVENED: 2:45 73-116 CONTINUANCE OF HEARING ON OPPOSITION TO NARRINGTON REQUEST FOR VARIANCE ON WEST SIDE OF CUSSIC AVENUE AT SHASTA AVENU~,_ CHiCO: VARIANCE APPROVED The hearing on the opposition to the Harrington request for variance on west side of Cussic Avenue at Shasta Avenue, Chico, was held as continued from .earlier in this meeting. The opposition had been filed by Mr. Dobson> Mr, Dobson was not present to express his opposition. Hearing closed and confined to the Board, Supervisor Gilman felt the variance should be granted. He explained the property and the action that should be taken. Variance discussed. On motion of Supervisor oilman, seconded by Supervisor Ladd and unanimously carried, the Harrington request for variance on west side of Cussic Avenue at Shasta Avenue, Chico, was approvedy with the conditions recommended by the Planning Commission. 73-117 DISCUSSION: RECONSIDERATION OF PETITION OPPOSING ABANDONMENT OF RIGHT OF WAY, NORD AVENUE. CHiCO: ABANAONMENT NOT GRANTED Clay Castleberry, Director of Public Works, reported on the petition opposing the abandonment of right of way, Nord Avenue, Chicoo The petition requested that the abandonment not be granted, There were a great many people that felt this right of way should be left open for pedestrian accesso Mr. Castleberry deferred to the Board in this matter. Abandonment discussed. Page 9. January 23, 1973 ____ •-____-_---==January-23,-1973=====___~_~-_- The abandonment had been requested by the property owner for. his development purposes. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, request for abandonment of right of way, Nord Avenue, Chico was denied. 73-118 APPROVE AWARDING OF CONTRACT FOR HOSPITAL EMERGENCY GENERATOR SIDS Hospital emergency generator bids discussed. Supervisor Madigan said he was willing to act on this matter Howe He had requested a week's delay last week. Mr. Castleberry said he does not know where the funds will come from for this project. Mro Mickelson said the funds would have to be taken from the Hospital medical reserve fundo Mra Castleberry said he would also like to have authorization to proceed with plans for the slab of cement that will be placed there for the garbage wash room. These plans will be presented to the Board at a later dates On motion of Supervisor Madigan, seconded by Supervisor Gilman and unanimously carried,award of contract for the hospital emergency generator was approved, to be awarded to Superior Electric of Oroville, funds to be used from the Hospital Medical reserve fund, 73-119 APPROVE AGREEMENT FOR SALE, RIGHT OF WAY ACQUISITION, PENTZ-MAGALIA HIGHWAY On motion of Supervisor Gilman, seconded bySupervisor Ladd and unanimots ly carried, the following agreement for sale for right of way acquisition was approved, Chairman was authorized to sign and the Auditor was authorized to issue warrant upon demand of County's escrow agent: Pentz-Magalia Highway Eo Trachsel 0.633 aco $1,899 No improvements Total $1,899 73-120 PUBLIC WORKS AUTHORIZED TO MAKE AS CONDITION OF ENCROACHMENT PERMIT, REQUIREMENT OF CURBS, GUTTERS AND SIDEWALKS Supervisors Gilman and Madigan and Mr, Castleberry met with the City of Chico people to talk about a drainage problem in the Chico area. This problem is in the Chapman Town area, Mr. Castleberry said it was his hope that the Board would require as a condition to this encroachment permit, that the developer be required to provide curbs and guttersa This man's property is across the street from the City limitse Mr, Castleberry said he would defer the matter tote Board for their considerations Situation discussed. It was moved by Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, that the Director of Public Works be authorized to make as a. condition to the encroachment permits the condition that curbs, gutters and sidewalks be required, for the permit requested in Chapman Town, Chico, 73-121 DISCUSSTON: APPOII~TMENT__0~'MEMBERS TO THE AIR POLLUTION CONTROL HEARING HOARD Mr, Mackessey explained the need for designation of members to the Air Pollution Control Heaxing Board. AB 824 revises conditions of holding hearings9 and it would increase the members of the hearing board from 3 to 5 members. This will be effective March 2nd, Mr. Black has granted variances to teepee burners and these variances will expire March 31sto They will need to know if there will be an extension of these variances. Members of the present hearing Board set out and discussed, Make-up Page 10, January 23, 1973 January_23,_1973 of the new board wQUld be as follows: to One member to be a practicing lawyer 2, One member to be a chemical engineer 3e One member to be fxom the medical profession 4, 2 members from the public There is a provision within the bill that if the County is unable to secure a person without the medical qualifications, then the County could appointment some one from any other sector of the Countye Mr, Mackessy requested that the Board members give these appointments some thought and make the appointments prior to March lsta Chairman McKillop requested that the Administrative Officer recruit people that would be willing to serve, The Board members will bring in suggested names of people that would be willing to serve and these suggestions will be discussed, Mr, Nickelson was requested to attempt to find someone from the medical profession that would be willing to served No action taken at this time, 73-122 ADOPT RESOLUTION 73-22 REGARDING CITRUS DAMAGE IN BUTTE COUNTY Mr, Mackessy, Agricultural Commissioner, reported to the Board concerning citrus damage in Butte County and set out proposed actions relative to disaster assistancea The total estimated damage to the citrus growers is $265,700, This is a preliminary reports Ne said there were a lot of hidden factors that will have to be taken under considerations You cannot really estimate the actual freeze damage to the trees at this timed This damage could show up within the next two years, Mro Mackessy was sure that these growers would be asking for some relief, Report discussed, 'This has been a terrific disaster to these growers and it was felt that these should be able to secure some help, Damage discussedo Discussed how the situation could be handled, It was suggested that the Board adopt a resolution declaring this a disaster loss to the Countya On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, Resolution 73-22 delineating those people that had citrus damage in Butte County to be a disaster area was adopted, the Chairman was authorized to sign, and it was directed that every available means be sought to help these people with their problem and that a copy of this resolution be forwarded to the Governor of the State of Californian Mro Mackessy asked that the Board consider granting the Agricultural Department extra help assistance so that they could help the farmers with their reportsa Request discussed, The Board said this request would be considered at the time the reports are to be prepared, If the County is declared a disaster area, the Board will allow this helpo 73-123 MA RS PRESENTED BY BOARD MEMBERS FOR DISCUSSION WIT4i AG COMMISSIONER Supervisor Gilman stated that the Agricultural Department was doing a good job of spraying in his area, He said he hoped that they will continue with this spray programo Supervisor Ladd said he felt this Board should consider passing an ordinance making it a violation to g~ageP~l~cture vines in the Countye He felt January 23, 1973 __~___-___=_===January23y 1973_==='T===__ there should be some way to control these vines. Matter discussed. Tt was felt that it would be hard to handle this matter on private property. No action taken at this time. 73-12G DISCUSSION: WATER QUALITY CONTROL BOARD GUIDELINES FOR SEWAGE DISPOSAL FOR NEW LAMB DIVISIONS AND SUBDIVISIONS Howard Toussaint, Health Department, presented copies of the suggested guidelines for sewage disposal for new land divisions and subdivisionso He said he was going to meet with Neil McCabe, deputy county counsel, on Friday and put these guidelines into legal form. Board members will review the groposalo No action taken at this time, 73-125 ADOPT ORDINANGE NO 1322 AMENDING SALARY ORDINANCE Ed Robinson, Welfare Director, presented a request for two account clerk Its to be added to his staff to take care of non-public ass~ance food stamp case loads. He set out the problem of handling the interview forms and application forms. The application form and budget must be completed for each applicant. There is an 8 page form that is completed by the interviewing worker. Purpose of request for these workers set out and discussedo Mr, Robinson said there would be a SO% reimbursement of the salaries of these clerks, Request discussed. On motion of Supervisor Madigan, seconded by Supervisor Ladd and unanimously carried, Ordinance Noo 1322 amending the salary ordinance was adopted and the Chairman was authorized to signo Mr. Robinson explained the request of the Northern Galifornia Grocers Association for Board consideration in adopting the provisions of Assembly Bill 282 which permits county welfare departments to stagger the issuance of welfare checkso He said there are state regulations that must be met concerning welfare payments, A change over in the procedures would be very complex and costly, Supervisor Cameron requested that Mr. Robinson answer this letter, setting out the problems that would be involved, 73-126 APPROVAL OF TENTATIVE PARCEL MAPS On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, the following tentative parcel maps were approved, subject to the conditions of the Planning Gommission, with the finding that they are consistent with the General Plan: 1. Dorothy Be Hillis, AP 28-17-32, 2 lots, on Robinson Mill Road, Oroville 2a Rudolf Schott, AP 51-34-24, 27 & 28, 4 lots, on Humbug Road and Butte Creek near Centerville, Surveyor: John W, Hamby 3, Raymond Velliquette, AP 57-01-57, 4 lots, on Hupp Coutolenc Road, a mile off Skyway, Paradise. Surveyor: Gary Lippincott 4, Ross L, Bradford, AP ~0-05-11, 2 lots, on Mesa Road, off Oroville-Chico Hwye, near Chicoo Engineer: Walter B, Grimes & Assoc, 5, Thad Wakeman, AP 30-07-27, 4 lots, on 20th between Grand Avenue and Nelson Avenue, Thermalito•: Engineer: Kendall Engineering 6, Ellis Ro11s & Assoc,, AP 39-4~-70,& 71, 3 lots, on Me}~ars Street off Park Ovenue, Chico, On motion of Supervisor Ladd, seconded by Supervisor Cameron and unanimously carried, the following tentative parcel map recommended for exception was approved, subject to the five conditions attached by the Planning Commission and that there be no further division of the parcel that was approved with the 20' access: Page 12 0 January 23, 1973 January 23~ i973 1. Kenneth Lorum, AP 58-24-51, 4 lots, off Coutelerd Road, above Magalia, Surveyor; John W, Hamby On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the following tentative parcel map that was recommended for exception was approved, as recommended by the Planning Commission, with the map marked "No further divisian", subject to the conditions of the Planning Commission, with the finding that it is consistent with the General Plan: 1. C. Bradley Page, AP 42-20-009, 3 lots, on Oak Park Avenue, off Rose Avenue, Chico. 73-127 DENTAL OF TENTATIVE PARCEL MAPS: REFERRED BACK TO PLANNING COMMISSION On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, the four tentative parcel maps recommended for denial in accordance with Section 11549.5 (a) of Business and Professions Code, were referred back to. the Planning Coumiission because the principles were not able to give testimony at the hearing. On motion of Supervisor Ladd, seconded by Supervisor Cameron and unanimously carried, the one tentative parcel map recommended for denial, without prejudice, based on inadequate information was deferred for two weeks, (Conrad Krampfert, Paradise) 73-128 PLANNING COMMISSION DIRECTED TO HOLD HEARINGS ON TURNER PROPERTY IN CHICO Mr. Lawson reported that he had looked at the minutes concerning the hearing on the zoning in Chico, The only refered on PA-C is that Supervisor Gilman disagreed with the Planning Commission. This was set out in the November 28th minutes. Action was taken at that time on the AS-R zoning. It was moved by Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, that the Planning Commission be directed to hold hearings.- on the Turner property zoning that would be compatible with the zoning in the rest of the area (PA-C) and that this property be considered as an AS-R District. 73-129 ASSIGNMENTS OF BOARA MEMBERS TO COMMITTEES AND COMMISSIONS The assignment of Board members to committees and commissions was deferred one week, 73-130 APPROVE APPOINTMENT TO BUTTE COUNTY FAIR BOARD On motion of Supervisor Madigan, seconded by Supervisor Ladd and unanimously carried, Homer Lundbert was re-appointed to the Butte County Fair Board for the term prescribed by lawn 73-131 APPROVE APPOINCMENT TO COUNCIL ON MENTAL RETARDATION On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, Mr. John Reese, Chico., was appointed to the Council on Mental Retardation, 73-132 AP~,OINTMENT TO OROVILLE_MOSQUITO ABATEMENT DISTRICT BOARDS PTJT OVER ONE WEEK The appointment to the O~roville Mosquito Abatement District Board was put over one week. Appointments to Commission on Senior Affairs will also be placed on the agenda for next week, Page 13. January 23, 1973 _--~-___________= 7anuary=23,=1973_______________W=_ 73-133 DISCUSSION: GUIDELINES FOR ENVIRONMENTAL IMPACT REPORT Board members stated that they have not studied the guidelines for the environmental impact report. Matter placed back for next weeks agenda. Mr, Blackstock said he has not been advised by any of the departments that they desire to make any proposals to the guidelineso Supervisor Ladd said it would behove the Board members to study these gvidelire s seriously and suggested that some of the Board members attend the hearings in Sacramento, Mr. Blackstock said these guidelines and problems have been discussed at the County Counsel conclave, Mr. Blackstock said there was extensive opposition to AB 889. He explained the bill and the problems that it could create. Time spent discussing the duidelinese It was felt that there should be some testimony down at the meeting that is set for January 25th, in Sacramento, Mr. Lawson said he planned to go down to the hearing and would be glad to carry down any statements that the Board desired to present. Supervisor Ladd said he has some concern concerning the building permits; this requirement should be eliminated from the guide lines, Chairman McKillop said he had the same concern as Supervisor Ladd; there should be Board representation at the hearing; he felt Mr. Blackstock was the best qualified to speak for the Countyo Mr. Blackstock said he would follow through on this matter, RECESS: The Board recessed at 4:15 to go into an executive session RECONVENED: The Board reconvened at 5:45 following an executive session. 73-134 DAN BLACKSTOCK RE-APPOINTED COUNTY COUNSEL FOR ANOTHER FOUR YEARS On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, Daniel Blackstock was rehired as county counsel for the term prescribed by law, of four years, 73-135 MATTERS PRESENTED FOR DISCUSSION Chairman McKillop said there was an appointment that was not quite firmed up9 this concerned the Economic Development Commission, Appointment deferred at this time. Mr. Blackstock said that regarding the hearing set for January 25th, regarding the guidelire s for environmental impact reports, this has been rescheduled for January 30th. Supervisor Ladd and Mr. Blackstock will put together some ides concerning the guidelines and will represent the County at this hearing, Chairman McKillop said he has received on copy of a individual preference to CSAC committees. Supervisor Madigan said he has not completed his at this time, Mr. Nickelson will list the preferences and will present them next week for review of the Board members. No action at this timed ADJOURNMENT There beiLig nothing further before the Board at this time, the meeting was adjourned at 6:00 p.m. to reconvene on Tuesday January 30th, 1973 at 9:00 a.m. ATTEST: CLt1RK A. NELSONS COUNTY CLERK z By: ~~ airman of the Boax Board of S rvisors Clerk Page 14. January 23, 1973.