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M021373
February 13, 1973 STATE OF CALIFORN]'A ) S S•. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to ad3ournment. Present: Supervisors Cameron, Gilman; Ladd, Madigan,and.Chairman McKillop. Clif Nickelson," Administrative Officer, Dan .ulaekstock, County Counsel and. Clark A. Nelson, County Clerk by Margie Catt, Board of Supervisors Clerk, INVOGATION: Pastor Dan Mesiross, Free Methodist Church, Chico. Pledge of allegiance to the Flag of the United States of America 73-210 APP ROVAL OF MINI3TES On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the minutes of February 6th & 7th, 1973 were approved as mailed with the change on Paga 25, lette*• from Don Maxon, to state the Park should be retained as a Memorial to the Veterans. 73-211 COMMUNICATIONS Priscilla Petsche, Paradise. Mrs, Petsche writes in opposition to penalties ~ p ~"~~ being imposed on those holding rummage sales. Discussedo It was felt these people should apply for a permit to hold the sales. No action taken. Carl Baldwin, Oakland. Mr. Baldwin writes regarding the bad condition of the ~[ extension of Bille Road in Paradise, (private road) and requests T ~'~ information as to how this road could be dedicated to the county road system, Referred to Public Workso W. M. Robertson and Lew S. Pratt, Oroville, Request is filed for abandonment of 150 ft. portion of Oroville-Bangor Hwy, in the recent construction yy y, o ~ at the corner of Las Plumas Avenue. They further request waiver of $50 abandonment fee. See motion later in minutes. Bach and Bach, Attorneys. Claim is filed on behalf of Robert Patrick Burman / ~ ~ •~ ~ for damages in the amount of $50,260, See motion following communicationso Commission on Senior Affairs. Robert M. Sorenson, chairman, writes to request that the Board provide the Commission with a budget for 1973 in the / 6 Q ~1~ amount of $630, To be .considered at budget time. Mr, Nickelson will answer the letter, City of Gridley. The City Council requests that the Local Agency Formation ~1. Commission be increased from five to seven regular members, to / Q O. 7 Z include the cities of Gridley and Biggs, Referred to LAFCOo Mro Nickelson will answer lettero City of Oroville. The City forwards copy of its Ordinance No. 1144 which was •~ v adopted on February 5, 1973 setting forth regulations for protection ~ ~ ~ of "Dry Creek Watercourse" running through the City of Oroville. They reques that the County take into consideration similar requirements so that drainage in the unincorporated axeas will be protected, Referred to Public Works, Reclamation District No. 777. The District sends copy of its resolution O ~,+~ y setting District's budget for the 1973-74 fiscal year. (Refer to Auditor) Page 41. February 13, 1973 _ _ - -, _ _ _ _ - _ _ _ _ ~ =February I3~ 19Z3= _ _ _ _ _ _ _ _ _ _ _ ~ - _. Gounty Supervisors Association of California, The Association sends copy of "guidelines for implementation of the California Environmental " 3 p~ Quality Act of 1970" which were signed by the Secretary of the agency on February 3, 1973. Information only, California State Water Project - Dedication Committee. Irwin E, Farrar, general chairman, writes regarding the dedication ceremonies to ~~.~ ~ be held at Lake Perris near Riverside on May 18 and 19, 1973. Information only. State Bureau of Health Facilities licensing and Certification. The Bureau sends copy of its report of the inspection and consultation visit Q C~•v ~ made on January 4 and 5, 1973 at the Butte County Hospital. Noncompliances are listed with actions which will be taken fox correction. Medicare certification will continue unless a further notification is received from the Bureau of Health Insurance. See discussion following communications, ' State Department of Water Resources, W, R. Gianelli, director, responds to Chairman McICi.llop's letter of January 9 requesting the Department to participate in a study of the Lake Oroville area to determine the 7~, © J effects of existing and possible future development. A meeting has been scheduled for February 21, 1973 for staffs and other interested parties to discuss the matter. Discussed. Mr. Nickelson will determine where meeting is to be held. State Department of Water Resources. The Department forwards copies of several contract amendments with other water contractors as required by Article 36 of our water supply contract. Referred to George Stamm. State Air Resources Boardo The Board forwards copy of "Air Resources Board 3 Z s-~ ~~ Executive Order I-8" relating to open burning of natural wastes on property being developedo Discussed, A report will be made at a later date. Senatox Fred W, Marler, Jr. The Senator forwards copy of his letter to the Governor's legislative assistant which forwarded the resolution from f O o. Z,'Z._ the Board of Supervisors requesting designation of Butte County as a disaster area as regards citrus production. Discussed. Action to 'be taken later in the meeting. t, Ste art Bedford, Ph. D. Resignation of Mrs. Priscilla L. Hanford from the Butte 3 T 4~ ~ ~ County Mental Health Advisory Board. See motion later in the meeting. Benjamin B, Collinso Sheet metal, heating and air conditioning business on corner o~ ~~ ~~~ v Skyway and Olive in Paradise. Read and discussed. Referred to Public Works. Mrs> Luella Davis, Chico. Request to have the road to Butte Meadows area snowplowed on weekends, Read and discussed. Supervisor Ladd said he would like ,/ ~L ~~ ~} to see the County keep the roads clear during this winter period. T Discussed the snowplowing of the roads to Forbestown and Bald Rock areaso Mr. Castlebeerry stated that if the Board wanted him to plow the snow on weekends, he would be happy to do so. It was felt a study should be made for the removal of the snow, Mro Jim Ryan, Oroville, present and spoke concerning the snow plowing of the road to Inskig. He explained the operation of the Inn and restaurant at' Inskip. He said that from 500 to 600 people attempt to get .through to Inskip on the weekends to enjoy the recreational facilities there, He set out the facilities available at Inskip and attempted to justify the request to keep the road open to Inskipo He said the costs to keep the road open on weekends might be high but the benefits to the County could be great and could justify the costs, Page 42. February 13, 1973 February 13, 1973 It was moved by Supervisor Ladd, seconded by Supervisor Cameron and carried, that for the remainder of this year the County snow plow the road to the Inskip area on,a 7-day a week basis; that a study be made as far as future snow removal for that area and for the other areas of the County, AYES: Supervisors Cameron, Ladd, Madigan and Chairman McKillop NOES: Supervisor Gilmana ~3-212 REJECT CLAIM OF ROBERT PATRICK BURNAM On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the claim of Robert Patrick Burnam in the amount of $50,200 was rejected and referred •to County Counsels r/ 73-213 ADOPT RESOLUTION 73-26 FOR SUMMARY ABANDONMENT FOR A PORTION OF OROVILLE-BANGOR H47Yo On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, Resolution 73-26 for summary abandonment for a portion of Oroville-Bangox Highway be adopted, the $50 fee be waived and the Chairman was authorized to signo 73-213 DxSCUSSION: STATE BUREAU OF,HEALTE~ FACILITIES LICENSING AND CERTIFICATION OF COUNTY HOSPITAL Letter from the State Bureau of Health Facilities discussedo Chairman McKillop said that it fs the intent of this Board plan in good faith to run the County Hospital as a quality hospitals Supervisor Madigan said he felt that this matter should be placed back on the ballot and set out more clearly what the County meant about the operation of the hospital. Supervisor Ladd said he did not agree with that thinking, He said that the public felt that the majority of the Board members were in favor of closing the hospital. He does not think that there is any doubt how a vote would go in presented to the people again, It was felt that this Board did not have any cCvice but to get behind the hospital 'and make it function and make it beneficial to the people. Supervisor Gilman felt that the Board had expressed good faith in the past by supporting the hospital with money and by making of motions for the facility to go forward. He would like to see some expression of good faith from the State Bureau of Health Facilities concerning the licensing and certification for the hospital. Supervisor said that being new on the Board he has had to dig and plow through these things, He said he would be willing to do his share. Tf it would . help to go to Sacramento to get some help from these people, he would be willing to go along with this. He felt that it should be the County that should be making the decision as to what goes on at the hospitalo He feel that now is the time for this Board to take the reins and help them run the hospital facilitieso Time spent discussing the operations at the hospital, Chairman McKillop stated that this Board is going to have to in good faith run and administer the hospital. He feels that the Trustees have done an excellant job. He felt that the Board should now take the reins and dissolve the trusteeships following tomorrow night's meeting, Supervisor Gilman felt the trustees should be called in and that an executive session should be held to discuss this matter with them. It was felt by the Board members that the Board owed these trustees the courtesy to discuss this matter with themo Dan Blackstock, County Counsel, felt this would be pushing the .personnel exception to the Brown Act too far, Tt was .felt that the Administrative Officer should be instructed to request the Chairman and the trustees to appear before the Board to discuss this matter. Chairm~~g~c~~llop will attend the Trustee Meeting • February 13 ,1973 -__--______ =February_13,_1973_~_-_-_____~_ tomorrow evening and convey the Board's intent to the Trusteeso Supervisor Ladd felt the State Burea of Health Facilities should explain they plan concerning the licensing and certification of the Hospital. Chairman McKillop said that if it is the will of this Board, a meeting will be set with the State representatives to discuss this matter with themo No action taken at this time, 73-214 ACCEPT RESIGNATION OF MRS. P_RISGII.LA HANFORD MEMBER OF THE MENTAL HEALTH ADV BOAR On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the resignation of Mrs, Priscilla Hanford as a member of the Butte County Mental Health Advisory Board was accepted and a letter of appreciation was instructed to be sent to her thanking her for hex services on this Board. RECESS: 10:15 RECONVENED: 10:30 73-215 ESTABLISHMENT OF WORK ORDER FOR COUTOLENC ROAD: ACTION PUT OVER ONE WEEK At the request of Clay Castleberry, Director of Public Works, establishment of work order for Coutolenc Road was put over one week. 73-216 APPROVE ACTUAL COST CONTRACT & GRANT OF EASEMENT: MANZANITA AVENUE EXTENSION AND BRIDGE, PROJECT NO. EPS-T-3014(3) On motion of Supervis or Gilman, seconded by Supervisor Madigan and unanimously carried, the following action was taken: 1, Approved actual cost contract for Manzanita Avenue Bridge - TOPICS, Project No, EPS-T-3014(3) and authorized the Chairman to signo subject to approval of County Counsel and Auditor. 2, Approved grant of easement for Manzanita Avenue Extension-Project No, 56212-70-1, and authorized the Auditor to issue warrant in the amount of $450 and deposit with P.G, & E,, x''73-217 ADOPT RESOLUTION 73-27 EXTENDING T]ME OF COMPLETION FOR SKYWAY UNDERGROUND UTILTTX DISTRICT On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, Resolution 73-27 extending time of completion for Skyway underground utility district was adopted and the Chairman was authorized to signo ~,. 73-218 ADOPT RESOLUTION 73-28 DECLARING THROUGH HIGHWAYS-CRESTVIEW DRIVE & 14th STREET On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, Resolution 73-28 declaring through highways-Crestview Drive and 14th. Street was :adopted and the Chairman was authorized to sign. 73-219 FINAL MAP-SKYWAY PLAZA 59 lots) PARR'aDISE PINES: HELD OVER ONE WEEK The final map of Skyway Plaza (59 lots) Paradise Pines was held over for one week at the request of Public Works Director. 73-220 APPROVE AGREEMENT FOR SALE, RIGHT OF WAY ACQUISITION On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the following agreement for sale for right of way acquisition was approved, the Chairman was authorized to sign and the Auditor was authorized to issue warrant upon demand of County's escrow agent: Ord Ferry Road FAS 1523(4) J. W. Nock 1.858 acres $1,271 Page 44. To~alvements 1~,,6~ February 13, 1973 _ _ _ - _ _ _ _ _ _ _ _ _ - - February=13,'1973 = T ~ _ _ _ _ _ _ _ 73-223, GRANT AUTHORITY FOR CITY OF CHICO TO DO BUILDING INSPECTION & COLLECT FEES - On motion of Supervisor Madigan, seconded by Supervisor Ladd and unanimously carried, The City of Chico was granted authority to do the building inspection and collect fees for AP 44-160-26 located on Rio Linda Avenue, prior to the property being annexed to the City of Chico, 73-222 INFORMATION AND DISCUSSION ITEMS (a) Progress report on traffic signal contracts Mr. Castleberry reported that the parts for the two signals have arrived this morning for Paradise, The signals should be completed in about two weekso He said there are still having difficulties on the Oro-Dam Blvd, signals (b) Purchasing of street-striping paint. Mr. Castleberry asked if the Purchasing Agent could be authorized to extend the paint contract with the same company for the coming year at the same price. If the Board does not have any feelings about the matter, he will work with Purchasing Agent on the mattero He reported that they would be beading all traffic line painto On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the Purchasing Agent was authorized to extend the contract on street striping paint with the same company as this present year, (c) French Creek Road closure, Mr, Castleberry stated that he had received the impression that the Board was not excited about turning this road over to the State Division of Forestry completely, He said that portions of the road could be closed that are in danger due to erosiono Presented for Board information onlyo They will continue to work on this matter. 73-223 ACIrNOWLEDGE FILING OF PETITION IN RE WAYLAND ROAD PARAAISE Mr, Castleberry requested that the Board acknowledge the filing of a petition concerning Wayland Road in Paradise. They are requesting the widening and graveling of this road. No action taken. 73-224 LETTER IN SUPPORT OF FEDERAL HIGHWAY BILL Mr, Castleberry reported that at the Supervisors Association meeting, they were requesting that each County write to their Senator requesting that the Federal Highway Bill be continuedo Support of this bill is requested, Supervisor Ladd felt that the letter should be written, that the Chairman sign said letter, urging the support of the Bill, Mr, Castleberry will prepare the letter and the Chairman will sign for the Countye Letters will be sent to the Senators and Congressman from all the Board memberse 73-225 DISCt3S5I0N: ORD FERRY ROAD Supervisor Gilman brought up the subject of the Ord Ferry Road, He wondered if the Board would be willing to make a loan from the Federal Highway Fund money to this project. He said this road will require a great deal of maintenance, Mr. Castleberry said it would be about July 1st before the Highway Bill will be out. Supervisor Madigan said he drove over this road last Saturday, The river is eating the road bank out. Discussed; no action taken, 73-226 PUBLIC HEARING SET: RONALD J LAFFINS: REZONE FROM "A-2" GENERAL TO "C-2" A public hearing was set for February 27th, 1973 at 1:30 on the Ronald Jo Laffins - rezone from "A-2 " (general) to "C-2" (general commercial) district for property located on the west side of Mangrove Avenue, 200 ft, north of 3rd Avenue, identified as AP 45-114-41, Chicoo 73-227 APPROVE TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL Jim Lawson, Planning Directo~~geP~~aned the tentative parcel maps that February 13, 1973 February 13, 1973 were recommended for approval. Mro George Donoho was present to discuss the Donoho Refrigeration, Gridley map, He is objecting to the deeding to the County a 30 ft. right-of-way measured from the centerline of Larkin Road and proposed right of way, He explained the problem of the right of way. '!tight of way discussed< Mr, Castleberry felt the County should acquire the right of way. Time spent discussing the other parcel maps that have been submitted for approvalo 4-parceling discussed. The policy should be that the County does not condone these illegal 4-parceling actions. It should be spelt out what people can do and what they cannot do. Mro Castleberry explained the problem of these mapso Policy re-stated, Where the staff had reasons to believe that the subdivision map act was being subvented, the maps should be presented to this Board, to the State Board of Realtors and to the District Attorneyo Discussed parcel map that is close to Lake Oroville. Chairman McKillop said the parcels on Bald Rock Road would not affect the lake. On motion of Supervisor Ladd, seconded by Supervisor Cameron and carried, the following tentative parcel maps recommended for approval were approved with the conditions recommended by the Planning Commission: 1, Donoho Refrigeration, AP 25-25-46, 3 lots, on Larkin Road, near Ord Ranch Road, Gridley, 2, Eo To DeMattos, AP 42-21-6, 2 lots, on Rose Avenue, west of intersection with Oak Park Avenue, Chico, 3o Gary Rawlins, AP 46-55-39, 2 lots, on Stilson Canyon Road off Little Chico Creek, Chico, 4, Roark Weber & Ruth Sheldon, AP 37-80-03, 4 lots, north side of Oroville Feather Falls Road and. on the westerly side of Oroville- Forbestown Road, east of Wyandotte Lake, Oroville, 5o Eli A, Brix, AP 30-27-027, 2 lots, on Oro Dam Blvd. West and 8th Street, Thermalito. 6. Harry Hansen, AP 39-21-03, 2 lots, on Hegan Lane, 500 ft. northeast of Fimple Road, Chico. Surveyor: John Ashbaugh 7. California Water Service, AP 42-07-29, 2 lots, on Guynn Avenue, south of East Avenue, northwest Chico. Engineer: McCain Assoco `. 8o Donald Koppenberg, AP 54-192-96, 4 lots, S. Libby Road, and Dottie Lane, Paradise. Surveyor: Gary Lippincott 9o Bernard Do Richter, AP 48-21-3, 2 lots, on Manzanita Avenue and East Avenue, near Cactus Avenue, Chico, Engineer: D. R. Roper l0e Clifton Lewis, AP 21-131-30, 4 lots, southeast corner Little and Lewis Oak Avenues, near Gridley. Engineer: D, R. Roper 11, John Oldham, AP 62-21-73, off Bald Rock Road, above Orovilleo Engineer: Kendall Engineering Page 460 February 13, 1973 ______________ ~=February_13,=1973===..-________ 12. Patricia Hilton, AP 34-45-17, 2 lots, on La Mirada, off Skyline Blvdo, near Orovillee Engineer: Kendall Engineering 13g Robert A, Shibley, AP 37-Ob-124, 3 lots, off Rockerfeller Road, near Bald Rock Road, above Oroville. Engineering: Kendall Engineerin 14. John .Rosales, AP b2-23-37 (Portion of), 4 lots, on Rockerfeller Road, off Bald Rock Road, above Oroville, Engineering: Kendall Engineering 15. Donald Collins, AP 37-06-152, 4 lots, on Rockerfeller Road, off Sa1d Rock Road, above Oroville, Engineer: Kendall Engineering AYES: Supervisors Cameron, Gilman, Ladd & Chairman McKillop NOES: Supervisor Madigan The Conrad Krampfert, AP 54-14-69, 2 lots, southeast corner Nunneley Road and Libby Road, Paradise, tentative parcel map recommended for denial was continued one week, On motion of Supervisor Madigan, seconded by Supervisor Gilman and unanimously carried, the Board concurred with. the Planning Commission and denied the tentative parcel map of V, R. Oberbeck, AP 61-02-066, 2 lots, off Mil~ap Bar Road, near Oroville-Quincy Hwy „ above 6roville, On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the Grant Musick, AP 37-55-56, 2 lats, on Lake Oroville, off Lumpkin Road, above Oroville tentative parcel map was set over to the 27th of February to allow consideration and hearing between the Water Resources Board and the Board of Supervisors, 73-228 REPORT ON LETTER FROM MRS. ROUX REGARDING ZONING CHANGE ON EAST AVENUE, CHICO Jim Lawson, Planning Director, xeported on the letter from Mrs, Roux regardin the zoning change on East Avenue, Chico. He said the zoning was consistent with the land across the road. He said some of the people are concerned about the possible use of the land, TYse present zoning is less than a year old, Mr, Lawson feels that the zoning is consistent with the area, He said the liquor license for the restaurant would be under the jurisdiction of the ABC Board, Matter discussed, It was felt that the zoning should be left status quo at this time. No action needed at this time. 73-229 APPEARANCE• MR LEONARD ELLIS PARADISE .REPRESENTING THE VETERANS OF FOREIGN WARS Mr, Leonard E11is, Paradise, represented the Veterans of Foreign Wars of the Paradise Area and vicinity, appeared and introduced various members of other Veteran Posts. He said the Council has gone on record to request that the Board amend their resolution requesting that the Lime Saddle Memorial Park retain its present statuso They request that the Board intercede for them regarding this matter. Chairman McKillop assured Mr, E11is that the Board was strongly urging that this park be kept in its present status, Dan Blackstock, County Counsel, stated that he had sent the Resolution down to the State Parks & Recreation Board, He also wrote to Mr. Mott, with copies going to Assemblyman Johnson and Senator Marler, requesting that the Memorial status of the park be retained, Mr. Blackstock said he felt that they could help in this matter by contacting their representatives and urge them to concur with the County's request. Chairman McKillop stated that letters from each member of the Veteran Associations would be helpful.. Page 47, February 13, 1973 February 13, 1973 73-230 APPEARANCE: MR, SCHWIN, CHICO-REQUEST FOR VARTANCE Mr, Schwin, Chico, said he would like to ask for a variance on his property at the corner of A Street and Lincoln Blvd., Oroville. He had applied to the Planning Commission and had been denied, Planning Commission took action on January 12th9 and he was given 8 days to appeal their decisiono Mro Blackstock told him that the Board has no jurisdiction to grant this variance. He advised Mro Schwin to re-apply to the Planning Commission and if they take the same action, then he could appeal the action to this Board, Matter discussed. No action taken at this time, 73-231 APPEARANCE: WM, TOMPKINS, PARADISE Mr, William Tompkins, Paradise, requested that the Board take action on the no-fault automobile insurance and send letters to the State and to the other counties concerning this matter. He feels that this type insurance would save the peop; money. He was told that when the bill has been studied, then the Board would take a stand on ito Mr, Nickelson will keep a watch on the bill and will keep the Board informed. 73-232 APPEARANCE OF MR CUDNEY: BUTTE COUNTY EMPLOYFI:S AS50C7ATION: PARKING SITUATION Mr, Cudney, manager of the Butte County Employees Association, spoke to the Board concerning the County employees parking situationo He said he has received many complaints about the parking situatim o Ali other County employees have parking facilities except the court house, He said that since December he has tried to work out a solutiono He is asking now that the County acquire a parking area for the County courthouse employeeso He set out the facilities that have been designated for parkinga Mr. Nickelson explained how the county parking lot on Lincoln Street was useda Mr. Cudney said this request for the Board to look into the possibility of acquiring some land for parking might be a solution to the problem. Chairman McKillop said this request would be taken under advisement. Mro Nickelson was requested to look for additional parking for the employees, No action taken at this time. RECESS: 12:05 RECONVENED: 1:30 73-233 REPORT ON CHICO CITY COUNCIL ACTION REGARDING HIRING OF CONSULTING FIRM: AREA PLANNING COMMITTEE Hogan Mathew reported on the action taken by the Chico City Council on February 6, 1973 regarding the hiring of a consulting firm. Tt was moved by the City Council that the recommendation of the Area Planning Committee be followed and that funds be voted as requesteda They voted that $7,500 be given towards this study. Mr. Mathews said he hoped that this Board would vote to give the other $7,500 needed for the study. He said they were leaning towards Jones and Duncan, Berkeley, to make the study. Supervisor Gilman said he felt he was not ready to move on this matter as far as the money is concerned, He would like another week to study the matter and would like more information from the Chico City Councilo It was suggested that Supervisors Gilman and Madigan meet with the Chico City officials to discuss this matter and bring back a recommendation to the Board, Mr, Mathews, Supervisors Gilman and Madigan will discuss dais matter with the Chico City planners and will bring back the matter next week for action, Page 48e February 13, 1973 February 13, 1973 73-234 PUBLIC HEARING: PROPOSED REZONING FROM "S-H" TO "S-S" FOR PROPERTY WITHIN LIME SADDLE COMMUNITY SERVICE AREA The public hearing on the proposed rezoning from °S-H" to "S-S" for property wit within Lime Saddle Community Service Area was held as advertised, aim Lawson, Planning Director, summarized the actions taken by the Planning Commission. He explained. the proposed new zoning. The Planning Commission recommended approval of this new zoning, Proposed zoning discussed. Dan Blackstock, County Counsel, suggested that the Board look at this zoning very carefullye He felt the ordinance should set out what uses would be permitted, He said the County would be talking about an entirely ,different type zoning. Hearing opened to the public. Appearing in opposition: Mro Wmo Tomplins, Paradise. He has a new home going up adjacent to this area. He said that under the circumstances, it would be more advantageous to retain this area as a scenic highway zone. Appearing in favor: 1. Mr. Harold Dawson, Chairman of the Ad Hoc Committee for Lime Saddle. He explained the purpose of the proposed zoning. Time spent discussing the proposed zonings Mr, Lawson said this does not conform with the General Plan, 2. Mr. George Henke, Pentz Road, He said they have been struggling to create this community. He said they did not want the scenic highway zoning as it is at present. 3. Mr..Carl Fisher, He said he hoped that the Board would go along with this zoning, 4. Mr. Fred Batten. Hearing closed to the public and confined to the Board, Proposed rezoning discussed.. Supervisor Gilman said that there are some minor re-wording needed for the ordinance. The language should be made clearero It was felt that it would be in order to continue the hearing at this time, Tt is the request of Supervisor Gilman that the ordinance be returned to the Planning Commission for clarity in writing and that the matter be returned to the Board in two weeks for Board action. Matter referred back to the Planning Commission with the request that County Counsel work with them on the language of the ordinance. It was moved by Supervisor Ladd, seconded by Supervisor Cameron and unanimously carried, that the proposed rezoning for property within Lime Saddle Community Service Area be continued for two weeks with the hope that the Planning Commission and the District could get some clarification to the wording and that the matter be heard again on February 27th, 1973 at 1:30, with the hearing closed to the public. 73-235 PUBLIC HEARING: APPEAL OF MIKE POLESCHOOK FOR A USE PERMIT FOR HIS FOURPLEX ON NEAL ROAD SOUTH OF THE SKYWAY The public hearing on the appeal of Mike Poleschook for a use permit for a fourplex on Neal Road south of the Skyway was held at this timee Jim Lawson, Planning Director, summarized the action of the Planning Commission. Planning Commission recommended denial of the use. The applicant proposed a fourplex on each ~" Page 49, - - - - - ~ekrua~y=1~ ~ ~147~ _ _ _ _ _ - _ _ ~ _ _ _ - of the four parcelso Mr. Lawson said this area is a basically single family residential area. Hearing opened to the public. Appearing in opposition: 1. Mr. Warren Bowden, Neal Road, He is opposed to multiple dwellings in this area. 2. Mr. Walter Dixon, Neal Road. 3. Mrs, Roy Lewis, Neal Road. 4, Mrs, Shirley Lewis. Appearing in favor: 1. Mr. Mike Poloschooko He said at this time he was just talking about one complex. He set out the other developments in the area. Hearing closed to the public and confined to the Board at this kime. Chairman McKillop said that since there has been rezoning initiated in the area, and that it is a single family area, he would have to agree with Planning Commission and deny the used On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, the Board concurred with the Planning Commission and denied the use permit for a fourplex on Neal Road south of the Skyway by Mike Poleschook, 73-236 PUBLTC HEARING: APPEAL OF JEAN E, DUNNINGTON FOR APPLICATION FOR A USE PERMIT FOR ANTIQUE SHOP ON WEST 7th STREET, CHICO The public hearing on the appeal of Jean E. Dunnington for application for a use permit for antique shop on West 7th Street, Chico, was held as advertised, Mr, Lawson summarized the actinn of the Planning Commission, The motion of the Planning Commission was to deny the use on a 9-0 vote. Mr. Lawsan set out the area in question and the reasons for the denial by the Planning Commission. Hearing opened to the public. Appearing in favor: 1., Mrs. Jean Dunnington. She stated that there were no objections expressed by the neighbors to this use. She does not feel that there will be any increased traffic involved in this use. There are other commercial uses in the area; it is a A-2 District. Chairman McKillop said the Planning Commission was unanimous in denying the used Mr, Lawson explained why the denial was recommended by the Planning Cammission. Use discussed. Supervisor Gilman said he would not be opposed to settinS this matter over and giving the Board members a chance to Look at the site. Dan Pellicotti, Oroville, said he felt the Planning Commission was discriminating against this lady, He said he hoped the Board would consider her request favorably. Hearing continued to Tuesday, February 20, 1973 at 1:30 p,m. Page 50, February 13, 1973 February 13, 1973 _ _ _ _ _ _ _ _ J2ECES5 : 3:20 RECONVENED: 3:35 73-237 ORDINANCE ADDING SECTION 30,8 TO THE BUTTE COUNTY CODE (AN ORDINANCE REGARDING ADDITIONAL RE UIREMENTS TO ONE-FOOT STRIPS): CONTINUED ~~^ Dan Blackstock, County Counsel, explained the ordinance adding Section 30,8 to the Butte County Code, an ordinance regarding additional requirements to one foot strips. Supervisor Ladd said he would like to discuss this matter with the local title companies and see if they will honor these strips, Mro Castleberry set out areas where the one foot strips have been taken and reserved by the Countyo Matter put over one week to give Supervisor Ladd an opportunity to discuss the matter with the local title companies. 73-238 ADOPT ORDINANCE N0. 1325 PURSUANT TO REVENUE AND TAXATION CODE N0. 155.1 REGARDING REASSESSMENT OF PROPERTY DESTROYED BY MA,70R MISFORTUNE OR CALAMITY PROCLAMATION ALSO ADOPTED On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, Ordinance No. 1325 pursuant to Revenue and Taxation Code Section 155,1 regarding reassessment of property destroyed by major misfortune or calamity was adopted; Proclamation of existence of a local emergency and requesting Governor to proclaim a state of emergency was adopted and the Chairman was authorized to sign. 73-239 DISCUSSION: ORDINANCE ADDING ARTICLE II CHAPTER 26 OF THE BUTTE COUNTX CODE Time spent discussing the ordinance adding Article II Chapter 26 to the Butte County Code, an ordinance relating to additional requirements far building within the Chico urban area, Dan Blackstock, County Counsel, explained this proposed ordinance. Supervisor Ladd said he would like more time to review this ordinance before voting on it, He said he was not sure that he was in favor of the whole thing. Mr, Blackstock said these sections were very difficult to write; he feels that the Board should review this ordinance very closely. Proposed ordinance continued to Tuesday, February 27, 19730 73-240 DISCUSSION: PROPOSED ORDINANCE MODIFYING INTERIM AND PERMANENT ZONE CHANGE PROCEDURES AND CLARIFYING USE PERMIT AND VARIANCE PROCEDURES Proposed ordinance modifying interim and permanent zone change procedures, and clarifying use permit and variance procedures discussed, This would change interim zoning time from 90 days to 120 dayso It would also reduce the number-of Planning Commission hearings on certain items from two hearings to one hearing. This would be only for zone changes, Proposed ordinance put over to February 27, 1973 for action. 73-241 ACCEPTANCE OF SERVICE ON COUNTY IN THE MATTER OF STATE OF CALIF.ORNTA VS, COUNTY OF BUTTE-LAKE MADRONE LAKE PROPERTIES INC Dan Blackstock, County Counsel, stated that he had accepted service in the matter of the State of Califarnia vs, County of Butte-Lake Madrone Lake Properties, Inc. This relates to the Lake Madrone dame Mr. Blackstock said he would like to discuss this matter next week during executive session. No action taken at this time. 73-L 4Y REPORT: SILL FOR BALLOTS L1ML~ A[iLLLA uuririuNtiY 5~xv1CE DISTRICT ELECTION Mr. Blackstock stated he had been given a statement by Mro Fisher for ballots and precinct lists, which had been given to him by the County Clerk Page 51. February 13, 1973 February 131 1973 .= r F~ F. - ... ~_ ,~ c F~ F - ^. F F _ F F- c o c r F c F in the amount o£ $514,53, Mr, Blackstock asked if it was the Board's intent that this should be paid out of the Lime 6addle funds, This bill was created due to the election for the formation of this district. Matter referred to Administrative Officer with a request that he report back to the Board next weekp 73-243 REPORT CONCERNING ASPECTS OF EQUIPMENT CONVERSION: DATA PROCESSING Mre Hindery, Data Processing Director, and Mr. Rowan reported to the Board concerning aspects of equipment conversion and the analysis of space needs, Mr, Nickelson explained the space requirements. Mr. Nickelson felt the two operatinns should run simaltaneously. It is suggested that the Probation Department move up to Courtroom A and that the new data processing equipment be placed in the old Probation offices, There are a couple of offices that were used by the Court reporters that could also be used by the Probation Department, There will be costs to provide the required space needs and rooms for this use. He said there should be about $10,000 left in the budget after the remodeling of the County Counsel's rooms, Space needs discussed, Mr. Nickelson said that if it is the will of the Board, they will proceed in this mannero It was stated that if they did not get the rooms ready in time, they could continue with Univac on a month to month basis. Mr. Nickelson said they had a rough scale plan prepared, The County Building Department felt they could do the work for the move of the probation department and to provide the space for data processingo It was moved by Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried that it is intended that the data processing go to the old Probation Department rooms and that the Probation Department will go up to Court Room A and the offices east of the Court room be included for Probation Department and that plans and specifications be prepared for presentation to the Board next week. 73-244 AUTHORIZE MOVE OF BOARD OF SUPERVISOR'S CLERK TO OLD PERSONNEL OFFICES Supervisor Madigan said he would like to discuss the matter of quarters for the Board clerk, It had been the intent to move her into the old Personnel offices, He felt that she should be as close to the Board room as possible, Mr. Nickelson said she could move over to the rooms vacated by Margaret Walsh, Superior Court secretary, Time spent discussing the move of the Board clerk. Mr. Blackstock explained why the Board clerk should not be moved into part of his office, He feels that it would be a mistake, He said his secretary's could have the Board telephone placed in his office and they could take messages for the Board members, Mr. Nickelson said that at this point he believes heat Mrs, Catt could be placed in Personnel Office or in Margaret Walsh's old office. He would encourage that the Board's telephone be kept in her office, Move discussed, It was moved by Supervisor Madigan, seconded by Supervisor Cameron and unanimously carried, that Mrs, Catt, Board G1erk, be moved into the offices vacated by Personnel Office at the earliest possible date, 73-245 AUTHORIZE COMPF~IANCE WITH_12EQUIREMENTS OF FIRE MARSHAL FOR BOARD ROOM Oroville Fire Marshal Dean Hi11 appeared to discuss the requirements for the Board room. He said there should be another exit to the room; that there should be panic hardware; the drapes should be fireproof and that there should be red lights above the exit Boars, Plans to meet the requirements set out and discussed, The cutting of a second exit door set out and discussed, Mr, Hill said the door would not need Page 52, ~' February 13, 1973 _ February 13,, 1973 _ _ _ _ _ ~ _ _ _ panic hardware if it is kept unlocked during all meetings. A single door would be ample for the second exito Dave Davis, Maintenance Engineer, will investigate the installation of a single exiti door with panic hardware, Red lights will be installed over the exits, On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, the Board approved the compliance with the safety requirements set out by the Oroville Fire Marshal, with the second exit door being a single door with panic hardware, with lettered paper signs over the double door-with one inch lettering. 73-246 APPROVE MERIT INCREASE FOR DATA PROCESSING DIRECTOR On motion of Supervisor Gilman, seconded by Supervisor Ladd and carried, the merit increase for the Data Processing Director of range 31.0 fxmn Step C to Step D was approved, effective February 26, 1973, AYES: Supervisors Gilman, Ladd, Madigan and Chairman McKillop NOES: Supervisor Cameron 73-247 AUTHORIZE ADVANCE STEP HIRING OF AGRICULTURE INSPECTOR On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, authorization was granted for the hiring of an Agriculture Inspector up to the D step of range 17.5. 76-24$ AUTHORIZE PURCHASE OF CALCULATORS FOR WELFARE DEPARTMENT Ed Robinson, Welfare Director, was recently granted two positions needed for computation of the food stamp budgets, These computations involve continuous prorations and calculators for these two people are needed, They request authority to purchase two calculators at a cost of $250 each from funds available within his fixed assets budget. Request discussed, On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, authorization was granted for the purchase of two calculators estimated at $500 from funds available in the equipment budget for the Welfare Department, , 73-249 DANCE LICENSES APPROVED On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following dance license applications were approved with the fee waived: 1. Paradise Teen Council for dance to be held in Paradise Memorial Hallo 2, Butte County Rodeo and Riding Club for a dance to be held at the Odd Fellows Hall in Chico February i7, 1973, 73-250 ADOPT RESOLUTIONS 73-29 & RESOLUTION 73-30 SALE OF TAX DEEDED PROPERTIES On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the following resolutions for sale of tax deeded properties were adopted, subject to the City of Oroville being notified of the sales: Resolution 73-29 - AP 035-12-6-004-0, located D Street, Oroville, minimum prig $236 Resolution 73-30 - AP 035-12-6-005-0, located D Street, Oroville, minimum prig $396 73-251 AWARD OF BID,_RADIO MONITORS/RECEIVERS On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, bid for radio monitor/receivers was awarded to L. No Curtis and Son in the amount of $8,335.120 Page 53. February 13, 1973 ^_____________February=13,1973 =====_r~ r==Y==~ 73-252 MENTAL HEALTH STABILIZATION PROGRAM REQUEST FOR MODIFICATION-PUT OVER ONE WEEK The request for Board approval for modification to the Mental Health Stabilization Program was put over one week. Dr, Maguire will be requested to be present at that time. 73-253 APPROVE TRAVEL FOR COUNTY COUNSEL Dan Blackstock, County Counsel, spoke to the Board regarding the necessity for travel for himself and two deputies to the County Counsels and District Attorneys annual civil law conference in Monterey. He explained his request. He said he has to put on part of the program at the conference. It i~ the annual conference on Civil Law. It has been the Board policy that only one person from each department attend these conferences. Request discussed. It was moved by Supervisor Madigan,s econded by Supervisor Ladd and unanimously carried, that request for travel be approved for County Counsel and one deputy, to attend the conference at Monterey on March 21, 22 and 23, 1973. 73-254 BUDGET TRANSFERS APP ROVED On motion of Supervisor Madigan, seconded by Supervisor Ladd and unanimously carried, the following budget transfers were approved: B-72 District Attorney - $674 from salaries and wages regular to extra help 73-255 REIMBURSEMENT FOR LOST EVIDENCE: PUT O'V'ER ANOTHER WEEK The request by the County Clerk for reimbursement for lost-evidence was carried forward from the previous week. Supervisor Madigan felt there should be a report from the Sheriff before action is takeno Mr. Nickelson will request that the Sheriff report on this matter, Placed back on the agenda for next week. 73-256 APPOINTMENTS TO COMMISSION ON SENIOR AFFAIRS: PUT OVER ONE WEEK Appointments to Commission on Senior Affairs was continued another week, 73-257 APPROVE APPOIN7.'MENTS TO TECHNICAL ADVISORY COMMITTEE ON DRUG ABUSE On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the following appointments to the 'Pechnical Advisory Committee on Drug Abuse were approved: Law Enforcement: Don Pederson - investigator on staff of County Sheriff's Department Walter Johnson - Chief of Police, Chico Public Dru~_Pro~ram: Gayle Reynolds - social worker, Veterans Administration, 341 Broadway, Chico Nino Calarco - Project Director, DCRC Ann Stokes - social worker, Mental Health Services Private Dru Pro ram: Donald Moran, MoD. - Emergency Room Coordinator, Chico Community Memorial Hosp Ed Dimock - social woxker, Youth Crisis program Education• Tom Sawyer - CSU administration office - 34 Arroyo, Chico Gary Estep - teacher, Chico Junior High School Clint Jones - Coordinator, County dxug abuse education project Page 54. , February 13, 1973 February 13,, 1973_ _ _ ~ _ ~ _ F ~ ~ ~ q ,.. v v e o o e e e-- -- -. o~: . General Public: Mrs. ,lean Cove 11 - 5650 Cherry Lane, Paradise - parent Marie Welch - P,Oo Box 1005, Paradise - Paradise Youth Services Planning Council Dan Immel - 295 Washington Ave,, Chico - pastor 7,3-258 APPOINTMENT TO THE ECONOMIC DEVELOPMENT COMMISSION: PUT OVER ONE WEEK Appointment to the Economic Aevelopment Commission put over one week, 73-259 DISCUSSION OF SANITARY FACILITIES FOR FEMALE EMPLOYEES AT CHICO COURT Memo concerning the toilet facilities for the female employees at the Chico court discussed. Tt was felt that the matter should be restudied and that a practical solution should be reached in the mattero Mr, Nickelson suggested that part of the Sheriff's evidence room could be taken and a ladies rest zoom could be built. Suggestion discussed. Matter discussed; no action taken at this time, 73-260 DISCUSSION: USE OF REVENUE SHARING FUNDS Supervisor Cameron felt that something should be put down on paper concerning the revenue sharing matter. He said he would like to see some action initiatedo The report on this matter is due on March 15th. Mr. Nickelson explained the situation and what has to be done in this matter. It is felt that the funds should be used to get property tax relief for the property owners of the county. Natter discussed; no action taken at this time, ~73-960 ADOPT RESOLUTIONS 73-31 and 73-31(a}, SETTLEMENT OF CIVIL ACTION 51107 On motion of Supervisor Madigan, seconded by Supervisor Gilman and unanimously carried, the following resolutions were adopted and the Chairman was authorized to sign: Resolution 73-31 - Settlement of suit filed on behalf of the county against Edgington Oil Company, State of California, et al being Civil Action No, 51107 73-31(a)-Settlement of suit filed on behalf of the county against Witco Chemical Corporation and Robert L. Feldman, State of California, et al, Civil Action No. 51107 ADJOURNMENT There being nothing further before the Board at this time, the meeting was adjourned at 5:15 p.m. to reconvene on Tuesday, February 20, 1973 at 9:00 a:.m, ATTEST: CLARK A, NELSON, COUNTY CLERK r By: C irman of the Board Board of Sup visors Clerk ~r Page 55> ~ February 13, 1973