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HomeMy WebLinkAboutM032371March 23, 1971 STATE OF CALIFORIDIA ) SS, COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a,m. pursuant to adjournmento Present: Supervisors Gilman, Madigan, Maxon, McKillop and Chairman Reynolds Clifton Nickelson, Administrative Officer, Daniel Blackstock, County Counsel, and Clark A, Nelson, County Clerk, by Margie Catt, Board o~ Supervisors Clerk. INAOCATiON: Captain Bill Phillips, The Salvation Army, Chicoo Pledge of allegiance to the Flag of the United. States of America 71-766 APPROVAL OF MINT~TES On motion of Supervisor McKillop, seconded by Supervisor Gilmar. and unanimously carried, the minutes of March 16, 1971 were approved as mailed with the follora ng corrections: Item 71-449, Page 230-strike "as to details" and "as to details" and add "subject to budgetery approval". item 71-450, state Charles. King was made a regular member of this Commission, rather than an alternate. Page 232, 3rd Paragraph, change to a 24 foot paved road with a 55' right of way. .Page 234, No, 2-change spelling to "Lockbaum" from Loftman. 71-767 COMMUNICATIONS: Mrs, Bertha Rummel,.Paradise, and. Mr. Irving C. Elliott, Chicoo Mrs. Rummel and Mr. Elliott jointly request that a hearing be held before the Board of Supervisors regarding the granting of a use permit for seven duplexes on Lots l thru 7 of Golden Oaks Subdivision in Paradise to James M. Harding. Hearing set for April 6, 1971 at 11:00 a.m. Paradise citizens. A letter signed jointly ~y several Paradise residents requests ~ the Board of Supervisors to consider the problem of the use of a Southern ~ ~•• Z--S Pacific spur which runs through Paradise being used as a motor bike trail. They mention the air pollution, noise pollution and possible legal problem of trespass. Referred to Administrative Officer and the Sheriff for their study. Mr. Frederick D. Edgett, Sacramento, Mre Edgett forwards copy of his 1et_ter to ~ Z D,d ~ Governor Reagan in support of his efforts to reform the welfare program. Information only, Faradise Civic Betterment Association. The Association writes to request the Board to take immediate steps towards enlarging the Paradise branch library, They cite various circulation and other statistics to support the request. Administrative Officer to answer letter, La 0 ~ ~ Oroville's Northern California Soap Sox Derby. The Oroville Y°s Men Club and the YMCA plan to hold a Northern California Soap Box Derby. on July 17, 1971 and are requesting the same site on Lincoln Street as was used before. They request early approvai from the Board for use of this site so that they may proceed with plans. See motion following communications ~/ Q ~$UA, division of Dillingham Corporation. The Corporation offers its services for planning. in the area of criminal justice functions. Information only, a Price, Burness and Price, Chico. Mr, Gxayson Price forwards copy of his letter to ,~/~Q the Butte County Department of Social Welfare in the matter of termination of a certain OAS recipient on the rolls, Refer copy to Welfare Department. ~O~d D Mitchell and Dedekam, Eureka, The attorneys for Georgia. Pacific Corporation send letter of notification to the Board of Supervisors concernin$g~Tcompletion of the access road leading to Georgia:Pacific's new buildin~'b'roville. They request return to Georgia Pacific of funds held on deposit, together with interest which may have accrued on such funds Referred to Public Works and Auditor, Page 240, March.23, 1971 -__= W =_-________= March 23,=147I_________________ Georgia.Pacific Corporations Mr. Kirchmeier, general manager, writes to make dd formal request that the name of the new road recently completed, Natomas ,/ Boulevard, be changed to Georgia Pacific Way. He cites the dor_ation of T approximately $37,000 to the project and the contribution to the Oroville area, because of "location of the new modern plant here. fee motion later in meeting referring matter back to the Planning Commission. Laughlin, Craig, and Christensen. The attorneys .file claim for Coleen V. Smith, Teresa L, Smith, Barbara A, Smith and Russell G. Smith totaling $800,000 in the matter of the death of George Eugene Smith. See motion following communications. Pacific Gas and Electric Company. Notice is filed in P,G< & E. application ~ar~~' No, 52590 for au±-horizaWion to revise tarrifs for certain electrical services. Information only. City of Gridley. The Gity of Gridley authorized by motion on March I5, 1971 the continuation of the Olympic Swimming :Pool County Service Area No. 34 'f~0`~ agreement dated May 13, 1969 for the period July 1, 1971 thru June 30,-1971. Referred co County Counsel and .Public Works Director. City of Gridley. The Gity Council on March. 15, 1971 took action to submit the name of Kenneth Mathews as replacement for Paul Kimmelshue on the Butte County Mosquito Abatement Commission. See motion following communications. d City of Biggs. The Biggs City Council on March 8, 1971, designated Councilman a.l.d .Karl Thompson to serve as the City°s representative in the matter of the garbage transfer station. Information only. City of Chico. The City forwards copy of letter from property owners at ~ 294 Rio Lindo Avenue, stating that they have signed a petition for annexation 1r 3 ~,D and stating that they intend to connect to the Gity Sanitary Sewer System. ~1" They request that jurisdictian in the matter of checking plans, issuing of building permits acid the conducting of inspections of buildings to be constructed be granted to the Chico Department of Public Works. See motion following communications. Paradise Fire Protection District. The District notifies the Board that Mr, 5 Y Virgil F. Royer has been appointed as a director of the Paradise Fire f ~ ~' Protection District to complete the term of office of Mr.Tom Nelson.. Information only. County of San Luis Obispo. The County forwards copy of Sts resolution No. 7"sm138 / in support of Assembly Bill 68. This is the bill which provides for the ~ p o•° b State of California to reimburse local agencies for the loss of revenue due to a decrease in. assessed valuation of open space land made subject to California Land' Conservation Act of 1965. Information only. County of San Diego. 'Ihe County forwards copy of its Resolution No, 97 regarding ~ timing of submission of County 5hortmDoyle Plans and the funding thereof by ~~0 S the Staten In as much as approval by the state is not forthcoming until 0 after counties have adopted their budgets for the fiscal year, the resolution requests that the legislature see the adequate funds be provided by April 1 of each. year to finance the Short°Doyle Program submitted for the following fiscal year. Information only. Office of Emergency Services. Mr. H. R. Temple, Jr,, director, writes regarding certain changes to AB 25 which provides state assistance in repairing, restoring.or replacing public property damaged or destroyed by a natural disaster. Referred to Public Works and Civil Disaster, Page 241. March 23, 1971 _-_____--_________- March23,=1971=====----------~__ State Board of Equalisation. TheBoard ser_ds notice of a public hearing on proposed ~ o amendments to 1oca1 equalization rules and Rule 10,.Trade level for `Tangible J a ~~ Personal Property, scheduled for April 7, 1971 in Sacramento. Referred to Assessor with request he report to Lhe Board on the matter. Governor Reagan. The Gavernor writes regarding his welfare and Medi-Cal reform program "Meeting the Challenge" and forwards a copy of the booklet. He states that-he_has_.assigned Mr.,Bruce Nestade, of his staff, to act as liason between himself and local government officials, Discussed. TL•e re wil.i be representatives from the Governor°s office here Friday to brir_g County up to date on the matter. No action taken. Chester L. Pierce, Ir_farms the Board on the possibility of accidents occuring at Welfare Department due to snail on the sidewalk. Referred to Public Works Department. Claim; Littleton vs. County of Butte, Petiti.cn to present a late claim. See motion following communications, Claim for Personal injuries; ,lames A. Moak. .See motion following communications, Petition for more portection for homes along Nimshew Road. Read and discussed, Referred to Sheriff°s Department. ~ D p,5 ~ Butte Water District, Request for appointment of Mr. Lester Breedirg to fi11 the unexpired term of Mr, Dewsnup. See motion following communications. ,0 D Paradise Civic Betterment Association., .Problem of locating a proper additional ~~~ exit road to the Valley View area. Read and discussed. No action taken. 71°768 AUTHORIZE CLOSING OF L1SITCOLN STREE3' FOR LSE OF OR.O'~7ILLE'S NORTHERN CALIFORNIA .SOAP BOK DERBX On motion of Super-aisar McKiilop, seconded by Supervisor Maxon and unanimously carried, the request of Oraville ~''s Men Club for the site on Lincoln Street to hold a Northern California Soap Box Derby ass 3~:s1y 17, 1971 was approved. 71°769 CL4IM OF C03..EEN V, SMI'£H, TERESA L. SM1fiH, BARBARA.A, SMl"TH & RUSSEL G< SMITH DENIED On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, the claim of Coleen V. Smith, ?'eresa L. Smith, Barbara A, Smith and Russell G. Smith. totaling $800,000 was rejected and referred to County Counsel. 71-770 APPROVE APPOINTMENT TO BUTTE COtJNT`'Y MOSQUITO ABATEMENT' COMMISSION On motion of Supervisor Rey~aolds, seconded by Supervisor Gilman and unanimously carried, the Admir_is~.'rative Officer wa.s requested to write a letter to Paul Kimmelshue thanking him for his services to the County and approved the appointment of Kenneth Mathews as replacemenW for Par.l Kimmelshue an the Butte County Mosquito Abatement District, to fill his unexpired term. 71- 771 APPROVE CITE? OF CHIGa CElEG~.ItdG . P1..SN'S , ISStYING B'iIILDING ,PERMITS ANA CONDUCTING INSPECTIONS OF BUILDINGS FOR PROPERTY AT 294 RIO-UNDO AVENTJE On motion of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, City of Chico was granted jurisdiction in the matter of checking plans, issuing cf building permits and the conducting of inspections of building to be constructed at 294 Rio Lirdo Avenue, Chico. 71-772 REJECT PETITION FOR. LEAVE TO PRESENT LATE CZAIM ON BEHALF OF MINOR LAWRENCE M. LITTLETON On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the petition for leave to present late claim on behalf of Lawrence M, Littleton, a minor, was rejected and referred to County Counsel. 71°773 REJECT CLAIM OF JAMBS A, MOAK FOR. PERSONAL IN~JRs.ES On motion of Supervisor Maxon, seconded by Supervisor Gilman and unanimously Page 242 , March 23, 1971 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -- - Marge 23,. 1971T = _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ = _ carried, the claim of „ames A. Moak., in she amount of $10,000, fox• personal injuries was rejected based on the fact that the County is unable to comprehend on what basis the Co:anty is liable, and the claim was referred to County Counsel. 7I~'774 APPROVE APPOIN`r.'ME~TT OF 3:;ES'~R BREEDING 'i'0 FIL.3~ U~]~IRED `!'ERM OF JUNIOR D~?r1Sft[7P AS DIRECTOR OF BUTTE WATER DIS'I'RZGT~ On motion of Supervisor Reynolds, sev~onded by S~apex•visor Madigan and unanimously carried, the appoiratment of i,ester Breeding to fill the vacancy on the Board of Directors of the Butte Water District resulting from the death of 3unior H, Dewsnup was approved --nd the Admztexstrative Officer was requested to write a letter of appreciata.o*s to the widown of Mr. Dewsnup. 71775- PROVE DANCE I,IGEIvSE FOR BIGGS VOL'L~~EER FIRE DEPAR`_~NT On motior% of Supervisor Maxon, sesoxzded by Supexwisnr Reynolds and unanimously carried, the applicant cf the Biggs Volunteer Fire Department for a dance license to conduot dances at the Biggs Memorial He'll on April 17, 1971 and for the balance of the 1971 oa.lendar year w•as approved, with the fees waived. 71x776 DISGUSSIO?~Te MATTER5 PRESEPITED_ B~'._S"dP~R.C!ISOR 1±~1GON_ Supervisor M8XOI3. stated that he has received a number of complai*_±ts concerning zoning matters. The zoning inspector is ill and the complaints have been piling ug. Mr, Castleberry will dis~vWss this matter with Mr. Nli~ok215on. Public Works does not ha•~e aaeyone to pia.~~e i,c t-his department to take Dare of the complair!L^s. Problem discussed. Nix•. Castleberry stated that they have a large back load of these complaints; he std*-ed that next week he plans on making a recommendation to the Board. Supervisor Maxon seated he has received complaints concerning the signal crossing in Durham. This crossing is right in the town of Durham, Matter referred to Director o.f Pubii:. Works. Supervisor Maxon stated that the Speedway between Chico ar_d Durham sh©uld also be rea.ligneda There are a great many curves on this road that should 'be taken care of as~d straighter_ed. Mr, Castleberry stated the first problem has ahead been solved; the agreement for the railroad crossing signals have already been signed, The realignment for the Speedway is not in the budget this year. Mr. Castleberry stated that the County has cut down on the accideni:s on this road by placing flashing reflectors along the curves. 71777 REFER REQUEST OF' GEORGI.9 YACIF'iC CORPORA'?`ION 1'0 t~.3ANUE NAME OF NA?`OMAS BLVD, TO GEORGIA PACIE'IC. WAv TO PI.9NNI3~ Cf1MMISSIONT On motion of Supervisor McKillop, seoonded by Supervisor Gilman and unanimously carried, the request of Georgia.Pacifie Corpcration to change the name of Natomas Boulevard to Georgia.Pacific Way was referred to the Planning Commission with the request that the name change be considered as requested, 71 7.78 DISCU'SSIONo REPORT REGARDING AGGIAENT INVOLVInTG E,9p~.,_VEHICLE Del Hyde reported on the accident izavolving a~!E,O.C. vehicle. A written report was presented to each Board member. The accident occurred on February 21, 1971. A copy of the Highway Patrol report was attached to the written report of Mr, Hyde, Accident explained. Chairman Reynolds stated that the woman in the other car was injured quite severelya Chairman Reynolds asked about the procedure for the usage of the automobiles and the ruling concerning the use by these groups, Mr. Hyde stated that the vehicles were only supposedto be -used for authorized trips. This trip was an authorized trip. Time spent discussing the accident. Chairman Reynolds stated that there was a great deal of feed back from the pollee in the Gridley area. Chairman Reynolds stated that to protect himself, Mr. ??yde should watch these trips closely. Mr. Hyde said it was wrong to assume that when an ~,O.C. vehicle is seen out at night that it is being wrongly used. page 243. March 23, 1971 __--____--_~_ :._-~._=March~23,-1971__________________ Chairman Reynolds .requested that Mr. Hyde ser.;d a copy of the report to the Police Department and fo the Uity Council of Gridley. Mr. Hyde stated that the Gridley Gity Council seat ox~. the Community Action Agency had been vacant for over a year. He said he would saxad csopies of the report to the police-and the city council. No action taken. 71°779 PROGRESS RII'ORT ON F(3R'AL~ 1_ON OF N7aIGHBORH00D SERVtC)a.CENT)iR ADVISOR:~' BOARDS Del Hyde reported on the formatiorb of Neighborhood Servi;:e Center advisory boards. He stated that there should be a counfy~tgide policy committees, The advisory board would consist of only.-local residents and local officials, One of the responsibilities of this committee would be to hold monthly meetings and listen to the complaints of the :.oval people. The advisory board will have a say. in the hiring of the perso:-tc~eln they will make recommendations to Mr. Hyde. Report discusseda no actiorb t:akern, Chairman Reynolds stated that last night he h.ad been invited to the Falermo Yount Center for a dinner. He reported that they hold a cooking class on Thursday to teach people how to use gurplus food commodities. For same reason, they are not getting file garticipatiore-that they should receive. The people of Falermo shou:Ld be reminded tl-tat they have the right to attend these cooking classes a*td sh_a.re the x'ecipes for use of the food commodities. Discussed manners of informing the people of these cookir_g classes. Mr. Hyde stated that participation in these programs are always a problem. Mra Hyde will have a sign put up oz,t at the Youth Center, Chairman Reynolds srggested that the Community Action Agency request Public idorks to grade the-area around the.Palermo Youth Center "the next time they have a grader in that area, Mr. Castleberry *n~ill discuss the matter with them. No action taken on the suggestion at th~.s time, 71° 780 APPEARArICE OF MR,. JIM lxARb]:~fG o iIS1i PERMI"' IN PARADISE Mr. Jim Harding, Para.dise~267 Pine View Drive, Magalia) asked if the Board had considered the request for a hearing on. the use permit as requested in the letter of Mrs. Bertha Rummel, set out under communicationso He was told that these people have the right to appeal. these decisioxts. The hearing on the appeal has been set for April. 6th, 1971 at 11:00 a..m. 71°781 APPEARANCE OF MR, C]L3:N'l'ON ADTD1<RSOtie COILPIAZNT COLQCERNING DOUBI~E Pl~ttl'TBTNv .PERMIT FEES CHARGED BY COlJ?~TTY Mr. Clinton Anderson., of Bailey & Anderson Plumbing Contractors of Chico, stated he had a grievance with the County about a plumbing permit. He stated he had been charged double the regular permit fee, due to the foot that they had called for an inspection before the job was ready, Mr. Castleberry stated he had written a letter to Mr, Blackstock giving the backgroun3 to this matter. The request for the plumbing permit was received after the work had been started. The Code states that if the application for the plumbing permit is received after the work has started, the fee is double, Complaint discussed. Mr.Atidarsgn ~aid:.that Mr, Glanders had fold him that the fee was double because tee had called before he had taken out the application for the permit. Mr. Castleberry explained the matter. Mr. Anderson there was no intent on their part. to do any wrongg he feels that the $72.50 is an expensive telephone call. Time spent discussing how the matter should be handled. Supervisor Maxon stated that this was an. hox?est mistake; he wondered if the County could morally justify the doubling the fees under these circumstances. Mr. Castleberry stated that there was a county ordinance that gover~.~~this matter. Fage March 23, 1971 =r=-___--__~__- -_=Ma're'_23, 1471=~_~_____________ It was moved by Supervisor Maxon, seconded by Supervisor Oilman and carried that the ardinance regulating 'b•;rilding permits and p~.znmbing 'permits be referred to the Director of Public Works far his analysis and 'request that he report ba~:k to the Board as to the fees ar!d pexsal~ies being valid feesB and look into the complaint of Mro-Anderson about the double standards.bei*xg used by the Building Departmento AYES: Super-~isors ~`ilman, Maxon, Mckillop arad Reyx!oylds NOES; Madigan 71°782 APPEARANCE OF MR WM THOML'KINS PARADISES IE'~IER REC_ARDING AIR POLL•J~ION Mr, William Thompkins, Paradise, stated chat he had sent the County a letter a few weeks ago that had been referred to Mro Blacko fIe-would like to know whether he will be informed of Mr< Black°s actions in the matters Mr, Nickelson will ask Mre Black about the i.ester, No actiox: taken at this time, REC$SSS 10;25 RECONSTENEDS 10:35 71°783. APPEARANCE OF MA'iOIt O:E CITY: OE' G1T:CGOS ES`I"ABLIS.HMEI~T1: OI` AIR PCTJ.,UTION URBAN -ZONE IN TBE_ G~Tx~O ARE4 ______ Mayor Cordon Gasamajor was present to discuss the City of ChicoPS proposal for the establishment of an air pollution 9irban zone ir_ the Chico area and regulations within the zonee Air that should be i:~cluded sett auto Mayor Casamajor stated that.when the 1ir..es are drawn for the area to be ir_a3uded, that the City of Chico will do the necessary work and prepare the legal descriptions of the boundarieso Supervisor MclLillo•p noted that there was no natural boundary such as roads, etco, that are used to describe the hos~ndariese Zt-was stated that a public hearing will have to be held fora public discussior_ on this plane It-was stated that there was a considerable amount of. public interest in this type mattero Chairman Reynolds stated that the public hearing will have to be held in the Chico area to get their views on this. mattero Mr, Castleberry set out what would have to be danofprior to holding a public hearingo Public Works will have to present some type recommendation. concerning this zoned Chairman Reynolds stated that the County has an obligation to lock at every fa.cit of. this matter and do the best job that car: be dor_e, Time spent discussing the px•oblems involved and of the date that the hearing would be held, It was stated that the room for the hearing should be large enough to hold at least 100 or more people, Date for hear3.xtg discussed, Mayor Casamajor felt that the first meeting should be to discuss the suggested boundaries, He felt they should not go to the e~.pexase of preparing the legal descriptions until the public has had a chance to express their views in the mattero The people should be encouraged to attend the hearingo Mr, Casamajor stated they also have a problem of weed abatemento The County is going to have to do something el~~ about burning the 1~aves and weeds, ffe asked if the County had considered any problem of banning this burning of leaves and weeds, Chairman Reynolds stated that this would be handled in the near futureo Chairman Reynolds said that this was a question that would have to be considered by the Ag Commissioner, Mr, Black, Ag Commissioner, stated that the Division of forestry desired to discuss this mattex• with the Countya It was felt that if the County was. going to goiin and mechanically abolish the weeds, "the Go•unty was going to have to set up guide lines, It was stated that it was the responsibility of the tax payer to take care of his ewn weeds, Discussed how this would be handledo Hearing set tentatively for April 21st at 7530 in the Chico Junior High School auditoriumo County Counsel was requested to prepare the notice of this hearing to be advertisedo Mayor Casamajor said he would confirm the use of the room for this hearingo Page245o March 23, 19'71 ----------------===Marsh=23,=1371==.=_____=___ ___ 71-784 PUBLIC HEARINGS SET: PROPOSED REZO~'INGS Public hearings-were set for 'Tuesday, April 6, I97I at 11:00 a.,m, on the following items: 1:, Proposed rezoning from "R 3" (medium density residential) to "R-1" (single°family residential) district for property located on the west side of Maxwell Drive and east of the So3.xthern Pacific Railroad, more particularly described as the soutb:erly 10504 of the easterly 230' of Lot 25, I'22N, R3E, MOB&M, identified as AP 53-03-15, 30, 31, 17, 18, i9, 20, 21, 22 ar~d 23, Paradise, (Howard Ro Belch ,et a1) 2, Proposed rezoning from "A°2 Limited" to "R-1" (single°family residential) district for an area generally described as Firland.Acres, Fir"land Acres Addition ~1 ar_d Northridge Subdivision 9~1 ar_d ~~2, excepting the area within-27.5' of Skyway, Paradiseo (Lindsay M. Applegate, et a1) 71-785 ADOPT ORDINANCE 1158, I:~ IN'TERIM ORDI~TA~dOE 20NINC A PORTION 4F THE COT.1NTy (FIRLAND ACRES °consalida4i:ag "F-1" (single family resident9.ai) Districts). On motion of Supervisor Maxo*_?., sewn e y apexvxsor c xl~op a•c~a unanimously carx'ied, Ordinance Noe 1I58 an i`atterim ordinance ~mer~dirg county ordinance 925, c:onselidating 9PR-^yPP (single-famiyy re~,ider!tias7 districts was adopted and fhe Cha.irmat-~ was au~:horized to sig~? 71-786 APPROVE TEN`TATI'VE MAPS, INDIAN MEADOWS S"€iBDIVISION, iTiVIT NO'a 2 and INDIA?~T MEA~OWS_~lisDIVI5I0Na UNIT N0, 3 On motion of Supervisor Maxon, seconded. by Supervisor McKillop and unanimously carried, the following tentative subdivision maps were approved, subject to the e.onditions set forth in Butte County Subdivision Committee°s report dated March 11, 1971, and on file in tYLe County Clerk°s Office ard:in the Planning Department: la Indian Meadows Subdivision, Unit Na, 2, 24 lots, west side of the Skyway, Magalia. 2, Indian Meadows S*abdivisio~~, Unit Noo 3, 33 iota, west side of the Skyway, Magaliao 71°787 APPROVE E}CCEF`TION TO S?JBDI'VIS10N ORDI?`TANG~a SAM A T?iOMAS~~_B~'~"1'E CONS`~RUCTION Cd, On motion of Supervisor McKillop, seconded by Supervisor Maxon and unanimously carried, an exception to the Subdivision Ordinance was approve3 for Sam A, Thomas to allow lot width of 61,88 feet at setback. line for property located on Honey Run Road, identified as AP 46°57°30, On .motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, ar_ exception to the Subdivision Ordinance was approved for applicant Butte Construction Into, by John Rogers, for a building permit, south of Oiive Highway as?.d West of Apica, Oroville, AP 34-46-34;-with an existing 20 foot right of way, said parcel was created in 19610 LAND DIS~TSIONS: NONE 71° 788 PLTBLTC HEARING: MERLE 9, WEBB 9 ABANDONME'tY"'T'..OF T'EiL1T PORTION OF LINDO AVENUE LOCATED NORTHEAST:OF SHERIDA~T t1VE?~LTE,-_SOU_THW~ST OF UoS 99E FRE~:WAY CHICO The public hearing on the abandonment requested by Merle Ao Hebb far that portion. of Linde Avenue located northeast of Shex'idan Aversue, southwest of U, S, 99E Freeway and east of Linde Ct-ianael, Chaco, was held as advertisedo Jim Lawson, Planning Director, summarized the request for said abandonments Planning Commission requested approval of sa°d abandonmento Hearing opened to . .. ~ ,. .......- -Page 2+60 March 23, 1971 __________________March=23,_19.7.1=_ ___ ____----_____ the public. Appearing in oppositions No one, Appearing. in fsvore r.,o one. Hearing closed to the public and confined to the Board far study and consideration. 71-789 ADOPT RESOT~J'IION 71-48 ABr4NDONING COt~?TY_HICs"HWAYZ° PORTION Ol' EASm LINDO A:VE~TTJE___ On *_nota.on of 5upervisor.Mc1Ci11op, seconded by Supervisor Maxon and unanimously carried, Resolution 71-48 abandoning a portion of East Lindo Aver!ue, Chico, was adopted and the Chairman was authorized to sign. 71°790 PUBLIC H~4RING° AB~ANDONMI+iNT OE' PORTION OF A_ '~RMA1V ~S.VENUE, CHICO The public hearing an the request of J. G. Be11, et al, for abandonment of that portion of Ackerman Avenue from the westerly property line of the Trojanowski parcel to Butte Creek, as shown on the Ackerman Tract Map of Official Records, Book 2, page 193, was held as advertised, Jim Lawson., Planning Director, explained the request for abandonsnenty he stated that Planning Commission recosmmended approval of the said abandonments Hearing opened to the pubiice Appearing in opposition: no orseo Appearing in favor: no one. Hearing c1.osed to 'the public, and oonfinad to the Board for discussio!?.. 71791 ADOPT' RESOL!,rT~~N_ 7149 ABAL~?DO?~E~NT OF COi.~IT`Y H'1'GHWAY?o PORTION OF AGKERMMAN A[~NCJE On motion of Supervisor McKillop, seconded by Supervisor iilman and unanimously carried, Resolution 71-49 abandonment of a portion of AckermaTM Avenue from the westerly property line of the Trojanowski parcel to Butte Greek, as shown on-the Ackerman Tract Map of Official Records, Book 2, page 193 was adopted and the Chairman was authorized to sign, 71=792 CONTINUATION OF HEARING. ORDINArIGE RE BUILDDING CODE REQU"iRRMENI'S The continuation of the hearing concerning the ordinance x•egarding building code requirements was held at this time. G1ay Castleberry, Director of Public Works, explained the purpose of this matter. He set out the proposed building requirements. He stated that the proposed ordinance was in proper form and that it would be in ox•der to adopt this proposed ordinance, Chairman Reynolds stated that he wanted to be sure that he is nut interpreting this requirement wrong; the County is talking $bout one foot above the flood stage, Protection to buildings in that area will be above flood area or by protecting the building by a levee, It will be an "either/or"a It could be both subject to Public Works allowing the levee at certain elevations. It was stated that there should not be a fortress around the propertya Mx•. Castleberry stated that it should be by the builders determination how he will go in this matter. Time spent discussing the area and the requirements of the ordinance. Hearing closed at this time for the Board°s determination. 71-793. ADOPT ORDINANCE N0. 1159 AMENDING THE COYJNT~ CODE ARID RELATING TO BUILDING AND SUBDIVISION REGi7L?TIONS IN THE NORTHWEST AREA OF BUTTE COUNTY On .motion of Supervisor Gilman, seconded.by Supervisor Madigan and unanimously carried, Ordinance No. 1159 amending the county code and relating to building and subdivision regulations. in the nori-hwest area of Butte County was adopted and the Chairman was authorized to sign. Supervisor Gilman stated that as a matter of interest to the public, he and. Supervisor Madigan talked to Col, McCollom about a secondary flood zone from Chico Landing South, Col, Mc0o11.om assured them that there was no such desigr_ated flood way in that area. This statement was made to make the matter clear to the public, It was srxggested that a copy of the ordinance should be sent to our Congressmen and to Ms. Leggett with a letter as to the way the Board hopes to move in this matter. Copies of the ordinance and Letter should else be serst to the Page-247. March-23, 1971 _____---___~~~====March23~ 1971______"'__-'~.~~---__ County°s Senators and to the Corps of Engineers, Clay Castleberry wall follow through with this matter, The Chairmanb was authorized to sign the letterso 71-794 A~7T~i0RI2E EXPENDITURE FOR. FENCE: PESTICIDE CONTAINER. STORAGE Mr, Castleberry presented a proposal to construct.an 8 or 10 foot high fence at Timothy Road disposal area to store Butte County containers in or_e location, Mr, Castleberry stated that he and Mr, Black share concern in this matter, They feel that it would be in order for this Board to contact Senator Marley anal see if this problem could be solved at the-State levelo Mr, Castleberry explained the situation, 2'hey.feel that the State should be requested to handle this matter due to the requirements the State has set up in the matter, Time -spent discussing the action that should be taken in this mattero If this expenditure is authorized, the County could start on the fencizag x'ight away, This will be a storage area; not a dispose]. of the containers, Request discussed, Or!.motion of Supervisor Reynolds, seconded by Supervisor Gilman anal unanimously carried, the Board authorized yh.e expenditure of approximately $3,000 _: for :fence for pesticide container. storage, 71°795 ADOPT RESOLTJTION 71-50 .ACCEP`T'ING GRANT OF E_4SEMEI~TT AGREgMEN'1' IN RE WESTERN PACIFIC RAILROAD GROSSING ~~4°203,90 On motion of Supervisor Maxon, seconded by Supervisor Madigan a~,d unanimously carried, Resolution 71.°50 accepting grant of easemer_t agreement i.n re Western Pacific Railroad Crossing ~~4°203090 ti+as adapted and the Chairman was authorized to sign,, 71-796 DISCU'SSION' SB 61 and AB 544 SALES TAX ON GASOLINE FOR TRANSPOTL'"AmIO~Y.PURPOSES Clay Cast;Le'berry, Director of Public Works, reported or SB 6l and AB 544, two bills which would institute a sales tax on gasoline for transportation purposes, Mr, Castleberry stated that the authors are being asked to amend the billso Bills discusseda Mr, Castleberry will secure copies of the bills for the Board members, Mro Castleberry will keep the Board advise an these.b9.lls, 71-797 APPROVAL OF P1ANS AN'D SPECIFICATIONS, HILLCREST AVENUE PROJECT NO'o 27554°.70-1; CANYON DRIS/E PROJi,GT NO 27553°68°1• ALMOND AVENUE PROJECT NO', 28565°4.-70M1 On motion of Supervisor Mc7.Ci11op, seconded by Supervisor Maxor. and unanimously carried, plans and specifications for Hillcrest Avenue Project No, 27554-70-1; Canyon Drive Project Noo 27553°68A1~ ar:.d A~.mond Avenue Project X10, 28565~A°70tl1 were approved, wage scale was adopted; bid opening date was set for April 20,-1971 at 11:00 a,m, and the Chairman and Director of Public Works was authorized to sign the plans, 71798 APPROVE AGREEMENT FOR SALE , ACCEPTED DEEDS a SKYWA'Y., E'TC • PROTECTS RIW ACQUTSITIO_N_ On.motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, the following action was taken: 1o Approved agreement for sale, right of way acquisition as follows: Skyway 51261°70°1 D, Co Fleming 0,26 ac $129 No Impr, Total $729 the Chairman was authorized to sign and the Auditor was authorized ~o issue a warrant upon demand of County°s escrow agen*_. 2, Accepted the following deeds and authorized the Chairman to sign the certificates of acceptance: Skyway 51261-70-1 Pcla 2 Dorman B, Hale Hillcrest 27554 70-1 9 William H. Asher Page 2480 March 23, 1971 --_________________ maxch23,=X97'--=--__~ _.~.~_--==TT Skyway 51261 AP 51-142-03 Loaise M. d=a~za et al ,~ Paradise-Pines A. McDonald et rx Clark Road AP 53 10-O1 Jahn Drake et aI 71-799 REPORT ON SPEED PROBLEM 1"AT BU"~`?~:_ C12E~IC E;S`L'~~S Clay Castleberry, Director of Public Works, reported on the spee3 problem in Butte Creek Estates. He stated he had discussed the matter with.C.r~ptain E'lamm of the Highway Patrol, He will work on the situation this week and b.opes to have some specific recoimnendatian back to the Board in the near future. 71°800 PUBLIC. WORKS A"(P_dORI7,ED 'TO TAIL WIy'~3. CO~TStTi,`?'Al!?' REGARDING BOUMNDA.R~:E;S DE' PROPDS~D SERVICE AREA IN T~ CRESTMODR: VA_I,LEY 'iTIEW.AREA9__PAR_AD?'SE _ Mr, Castleberry explained the draft of the solution to the Crest"moor°Va11ey View Drive service area problem. He said that setting the boundaries of this area will be expezzsive. The-rights of way should be acquired. He exp"lamed how the matter should be handled. He stated he had talked with a conswlt:ant about this matter. This would be a half to one mile roadway, Tt will not be an extension of Elliott Road; it will tae onto Horaey Run. Rondo Mr. Castleberry stated that Elliott Road should net be totally excluded. Mr. Castleberry stated that the guidelines he has set up weu].d be the best and less painful, Mr. Blackstock said that until the descriptians are prepared, the district could not be formed. Mr. Castleberry stated he would raocmmerad-that a consultant be retained regarding the propesad service area boundaries. Supervisor Maxon stated he would like to go over the area with Mr. Castleberry. This proposed service district could not be prese~:~ted to 1.~8'CO ur:til the boundaries are prepared, Discussed request for •~he retaining of a consultant far this proposed district. it was moved by Supervisor Maxon., seconded by Supervisor McICillop and unanimously carried that the Pub].io. Works Director be authorized to talk r;+ith a consultant regarding the boundaries for the proposed serv~.ce area is the Valley View Drive area. RECESS: 11:45 RECONVE.~IED : 1:00 '71801 APPROVE SATISE'ACy70N 0E~ TKOR`PGA~3E: MINA Ge CRAWE"ORD~CO'tJ3v~`l'~' O'1+ Bu'~:`~E On motion. of SupervisarMadigan, seconded by Supervisor Gilman and unanimously carried, the Chairman. was authorized to sign the Satisfaction of Mortgage sarisfyirg that certain mortgage dated August 25, 1951, made anal executed by Mina G. Crawford, as mortgagor, to the County of Butte, as mortgageeo 71-802 ADOPT ORDINANCE N0. I160 AME??DING SECTIONS 1?-15 and 11•'16 Oc THE BiF'?'TE CO1iN'Ty CODE PERTAINING TO JUNIC.DEALER'S LIC~SES On motion of Supervisar Mc:(Li11op, seconded by Supervisor Ma~:on anal unanimously carried, Ordi±~anee No, 11b0 amending Seytians 1i-15 and 11-16 of the Butte County Code pertaining to junk dealer's licenses-was adopted and 'the Chairman was authorized to sign. 71"803 DISCUSSION: RESOLUTION RE T:4~`1NS'E`ERRINs~ OF "DEPENI}ENr Cr37rDRE,`~T" RESPa?NSIBrLITY E'ROM,PROBATION TO WELFRRE Dan Blackstock, County Counsel, stated he had sent out the proposed resolution transferring of `ldependent children." responsibility from Probation Department to Welfare Department to both departments. The departments-are stadying these proposed x'esolutions and will discuss them with. County Counsel, No action at this time. Page 249. ~+ar::h 23, 1971 _ ___---_____---_=March=23,=1971 ___________________ 71°804 ADOPT RESOI,'JTION 71-51 RE ~4~OTHORIZEITION FOR CHAIRMAN TO SIGN CON`1RACT WI~~`H PLUM4S COUNTY FOR MCNTAL N>aA3aTH SER.VIGES On motion of SupervisorMcKi]:lop, se~~onded by Supervisor Gilman and unanimously carried, Resolution 71 51 gx'anti~ng authorization for Chairman to sign contract wish Plumas County for mental health services was adopted artd the Chairman was authorized to signe 71805 APPROVE ONE PORR',LON OF THE MEDI°CA3~ ADMTNISTRA?'I`•7E COSTS AS PRES~TED BY COUNTY' WEi-FARE DTREC;TOR. Ed Robinson, Welfare Director, reported tkAat the state is requiring counties to submia the `IMedi~Cal administrative expenses°1 portion of their administrative budget to the State by April 1, 1971 in order that the coup~ies may share in the state°s torsi closed end appropriationo Mro Robinson is compiling the casts fox' this portion. of his welfare administrative budget, He requests Board approval o£ this amount to be include3 in his 1971'72 budget as the prese~.!at :time so That he may submit 'this to the state. Mro Robinson stated that-they have put the costs together as closely as they could at the preser_t time. He stated that this would not affect the total *aelfare budgeto Aetior_ to be taker.. at this time discussed. Mr. Robinson-will discuss the effect of the program Friday with the State's representatives. In the meantime, he said, they. have been tryi~~g to break dowry the effects to this cou*_xty. He said 1-re hopes by Thursday he mill have the facts on the effects to tb.is County, He said he would report oa. the Friday°s mee;:ing next Tuesday to the Board, Chairman Reynolds scaled that the California Supervisors Association has a Welfare plan called "Ga1°Car.e". This oae would replace Governor Reagan plan and other plans proposed. The Slate Supervisors Association feels thaw these are the times for changesa Supervisor McKillop stated he would like to see a breakdown of what Reagan°s plan is going to cost. Mx•. Mikelsor_ s"rated that what the Stale is doing is sending up teams to Butte County to determine how the program is being administered in this County. Mr. Robinson slaeed he hoped he could go over these matters with the representative, Ongmotion of Supervisor McKillop, seconded by Supex'visor Maxon and unanimously carx'ied, the 1°medi°Cal administrative expense portion of Butte County Welfare budget in the total amount of $54,186 was approved as presented by the Welfare Director., Mro Robinson gave a rundown on his discussion Ygith Mro Hobbs concerning WTN programs costs, He-was informed that if additional funds for this program were to be forthccming, they would inform Mr. Robinsar!, he has not heard yet whether there would be additional funds. Mr, Robznsor°. was granted authox'ity for the Welfare Department to cease paying those costs that exceed WTN allocations. Discussed; no action taker, RECESS: The Board recessed at 1020 to go. into an Executive session. RECONVENED: The Board reconvened at. 2:05 following an executive session, 71806 GO~.JNTY COUNSEL, AUTHORItiED TO PE`1:~TTON SUPERIOR. GOU'RT TO REVIEW DECTSTON OF' THE STATE PERSONNET~ BOARD On mo"lion of Supervisor Maxon, seconded by Supervisor Gilman and carried County Counsel was authorized to petition the Superior Court to review the decision of the State Personnel Board in the matter of the appeal of Janet Stsenkel from her dismissal as an employee of the welfare department for the purpose of clarification of the decision of State Beard regarding authority of a county Welfare Director. AYES: Supervisors ui3.m3n, Maxon and Chairman Reynolds NOES: Supervisors Madigan & McKillop page 250, March 23, 1971 _-____= W =____-====-March=23,=;i.9,?1 _________________ 71°80'? CONE"TRMATTON OF H~.1?i7VC ON BO~JNDATLTES E'OR AIR POTL"u'TION A$RA IN C?~IICO Tt was ancou~_~iced that Mayor Casamajor has co~~firmed the date of April 21, 1971 at 7030 PoM, in the Chi~~e 3uraior High Schoolo 71°808 COUNTY AUDTmOR DTItECTF;D TO PROCESS AND PA'Y G.~.4Ii~i OE` MRe NTCHOT:S A claim in the amount of $945 from Mra Nichols, Cd'A, was processed by the hospital to the Auditor for payment duri.r~g the first week in February but has not been processed for payment in the Auditcr~s officeo E', H, Seely, County Auditor, was present to discuss the situations Mr, Seely stated that it was the policy of his office i;o work on first in°firstwputa He stated that these vendors and professions"1 people are all entitled to equal consideration, He presented a list of outstanding bills to the Board memberse He stated that during the past few weeks a number of these matters have been cleared up. Supervisor McK.illop stated that he has examined these billsy there are many people involved, The Nie.hols bill has beer. certied, Mro Seely sta*ed hat the hospital has a business manager aced he did not know why this accountant had been hiredo Supervisor McKillop stated thaC Mro Nichols had been hired to set •up the aocounting, Mr, Seely requested that the Board consider the tills for pachelogistso Supervisors McKallop staved that there i.s one from Dre Poppies Chat has r:.ot been certified ar_d he requested thst it be sent back, Mr, Mickelso_R stated chat the issue at hard today was M.r, Nichol°s bill, Bi11 dis::ussedo On motion. ~fSu_perviaor McKillop, seoonded by Supervisor Madigan. and u!?animously carried, the Cou~xty Auditor was directed to pay the bill cf Mro Nichols as certified in the amount of $945, by county warrant, immediately, 71°809 DTSCUSSIONo MEMOS CONCEi~IIN% L~7PAID WARRA?vIS £'ime spent da.seussing the memos from tha Welfare Department and from the County Auditor concern?ing the an.paid warrantsa Pro,:.edures explai*,ed concerning how these warrants are handled, Mre Seely explained how the situarior. had occurrede Mr, Seely sta=_•ed that he accepts f~a11 responsibility in this matter, He has a row staff employee who was not fand.l.iar wi`~h the procedures and as a result the warrants were sent oat, No action taken. at this 'time, 71810 AUTHORIZE PAYi~N`,T,' OE' CI~?IM FOR P1~ACEv?NNNT OF' A iLi?V'0'R. On February 26, 1971 the County .Audif:or notified the Administrative Officer 'that approval of the Jtilization Committee on an individual case of. mentally xetarded, mentally ill and emotionally dis`.urbed children for plac:emer.!t in foster homes would have to specify a certain rate in oe•der for him to be able to make payment of claim cf. Mrs. Willie Mae Woodrow for a wardo Mr, M7.ckelson explained the situation, Ors motion of Supervisor Maxon, seconded by Supervisor Gilman and ur!animously carried, payment was au~:horized for the claim of Mrso Willie Mae Woodrow, 2.7 Randolph Street, San E'raneisco forrhe placement of a minor ar the rate of $232 per monk and that a ceiling of $b00 maximum be placed on such care per child per months 71811 AU'PHORI2E I~ETT.ER TO GOV.BRNOR CONCBRNTN~1 A3 559 County Auditor stated that last December chi.s Board sent a resolution to the State concerning funds he felt the County was losinge He reported that AB 559 had gore through the Senate and fire Assembly and was now on the Governor's desks The Governor refuses to sign the Bi11, T'he bil:t' asks for full reimbursement for the Counties, Bill discussed, It was suggested that a letter be written to the Governor asking him to sign the bills Page 25io March. 23, 1971 On. motion of Supervisor Ma:ion, secor..ded by Supervisor MclCillop and unanimously carried, a letter was authorized to be written to the Governor over the Chaixmar~°s signature, setting forth that the Board pushed AB 559 and would appreciate the vovernor signing ±'his billo 71-°812 PRLSEN`I'AZ'ION._OF RURAL, ROLYTE REPOitT the report prepared by Dar_ Moel'lenberndt, the administrative intern, has been cleared with she various postmaster's in "the courbty and the report has been .mailed with the agenda to the Board memberso It was suggested that this matter be set for a time for discussion by the Board and interested pax'tieso The Board members stated that "they have not studied the report and would like to have time to study it ar..d then have it set f.or discussions Ii was suggested that a time be set and in the meantime the Board members could s"turfy-the mattero April 13th, 1971 at 1030 set as time for discussinno It will be an informational hearings Mro Nickelson will infox'm the interested parties, 71813 APPRO`lE Y,~A'iTE OF ABSENCE On. motion of Supervisor McKillop, seconded by Supervisor Maxon and unanimously carried, an unpaid leave ~ absence-from February 24, 1971 through April 15, 1971 for Mrso Max'y K.itehen of the Welfare Departmer±t was approvedo 71814 APPR.O'y~ Pi7BL,2_C GFJARDI4ki' MERTT INCREASE On .motion of Supervisor Maxon, seconded 'by Super. visor Madigan and unanimously carrf.ed, a merit increase was approved for Walc.er' Gleeson, public guardian, from Range 21o5(a) to Range 21,5 (blo 71815 TRA"fTEd~_ REQUES`_T PP_1_'_R.O~IED On motion of Supervisor McR:illop, seconded by 5uper'viso:t' Madigan and unanimously carried, travel request of the Superior Court: for Mrso Margaret Walsh to attend the conference of tsalifornia .Tory Commisa~.oners, Oakland, 'Tuesday, March. 30 through Monday, April 5, 1971 was approved, 2'he District Attorney°s request for travel for Betty Sutherland to at"tend the annual family support co~an.i.l conference in I,os Angeles-was not approved, 71-816 BUDGET TRAIaSFERS A.PPROV~]5 Or, motion. of Supervi.sox' Mcltillop, ser~onded by Supervisor Madigan and unanimously carried, the following budget transfers were approved: B°78, County Clerk, $350 from ext-•ra help to overti.mea B~79, County Buildings, $50 from maintenance of strut"tares and improveme*_*ts to small tools and instruments B°80, duvenile Hall, $1,790 from salaries and wages regular to extra help B-81, Administration, $200 from reserve to maintenance of equipment B~82, Hospital, $39500 from equipment to structures and improvements 8-83, Board of Supervisors, $.500 from reserve to office expenses B~84, WelfaredFood Commodity, $300 from food account to utilities account B°85, Hospital, $3,500 from maintenance structure and groands to office supplies B~86, Data Processing, $14,000 from equipment maintenance to rents and leaves 71817 APPOINI'ME~iTS OF MEMBERS OF THE P1~AIVNING COMMISSION' 'The terms of office on the Planning Commission of Dick Rypkema and George Gilbert will expire on April 1, 1971° Supervisor Maxon stated he would. like one week delay on his appointment to discuss the matter with Mr, Rypkema, Page 2520 March 23, 1971 Ma.r.1,. 2~, 19'T1 Ors motio*_? of SupervisorMc?Ca.11op, seconded by Super~risor Reyrglds a*~d unanimo•+a51y ca.r•.Kied, George Gilbert was reappointed to 'she P1a?4nxng L'OmmZS$].031 for a four-year texxn, commencing ca Apr3.1 1, 19?l0 71°818 GRAND JURY AirDIT COMML'1°CR~;__, Cliff MicJcelson reminded the }3nard that one ox two sugervisors.must be appointed to mezt with the Trew ira:^d Js.ir.'y Audi, *; Committee to coordinate mattersa Chairman REynolds appointed Supervisors McKi:llop and Gilman to work: witke the Grand Jury on the seles:tion of firm Yo make the ana.~aal audits 71°8.19 MAT?`RRS DISGfJSSRD BF S~JPBRVZSORS Supervisor-Maxon stated that h.e would like to have a •presenration from Jim R~clcerby9 Personnel Directo`r,.regarding SB 333 and HRIa He is irnterested in adopting a resolution. as sao~~ as passible regarding labor r~egotiatio:ns anal clisputeso Mr, Raclcerby wi1.1 report to the Board o_~, tb.is mattero _ Supervisor Madigan ex~sressed conr,ern regarding. last year°s Grand Jury's recommendations for r.•evisi.r_g the County Charter ar_~d the Board°s avoidance of this issues Supervisor Madigan suggested a five°•ma~~ committee to look: into this matter to determine whether the Caunty G"hax•ter needs upmdatin.g or noto die said the Grand ,fury brings up ?:his issue every year, ar~d the Board ig!'~oree it every year, Supers%isar Madigan said that he wi1.1 reduce his reconanendatioz~s to wx'i.ting and submit them next wee~.a ADJOJRI~TMENT ° There being nothing feirthe:r before the Board at this time, the meeting was ad,~ourned at 2o?S p,m, o reoor±•ve~~.e oaL Tuesday, March 309 19'71 at 9p00 a,ma AT'1'RST: C1.AR~K A, ATEI,SON, COF7DfP'Y (,7~H).i: Board of S uervisors' Clerk; C_ °rma_n of th . Bo .d Page 253a March 23, 19'~l