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HomeMy WebLinkAboutM041073April 10, 1973 STATE OF CALIFORNIA COUNTY OF BUTTE SS , The Board of Supervisors met at 9:00 a,m, pursuant to adjournment. Present: Supervisors Cameron, Gilman, Ladd, Madigan and Chairman McKillop, C1if Nickelson, Administrative Officer, Daniel Blackstock, County Counsel and Clark A, Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk, INVOCATION: Rev, Wilber May, Grace Lutheran Church, Gridley. Pledge of allegiance to the Flag of the United States of America 73-588 APPROVAL OF MINUTES On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the minutes of April 3, 1973 were approved as mailed. 73-589 COMMUNICATIONS Jeannette Thompson, Orovilie, The suggestion is made that revenue sharing ~ d ~~~ ~ funds be used to solve the refuse disposal problem in Butte County. Discussed; referred to Mr, Castleberry for answer, Earl J, Horned, Torrance, Mr, Horned files request for relief from relative Z U,Q 0 responsibility. Referred to Welfare Department, with xequest that ~p they report back to the Soard on the matter, Paschal R. Yarbrough, Thermalito. Read and discussed, See discussion °) following communications, ~ 00,5 Dedication Ceremonies Committee - State Water Project. The Committee ~~ d v forwards program for dedication and information regarding medallions, Clif Nickelson explained this matter, No action taken, Kenneth H. Leach, district attorney, The District Attorney forwards copy ./ Q D of his letter to W, R. Fiedler responding to Mr. Fiedler's letter f~ of March 14, 1973, Information; no action needed, Irena Heindl, M, D „ director of public health, Dr, Heindl files a copy of the Evaluation Report - 1972 of the Health Department's Drug Control Resource Ceuter, Extra copies are available at Health Department if desired, Nr, Nickelson explained this item; it is a required evaluation of the Drug program. No action needed, Butte County Housing Authority. The Board of Commissioners request a(~ consideration for the reappointment of Commissioner V, K, Johnsen /~ v~''' whose term expires April 22, 1973, This representative is for I District 2, Chico. Discussed. Action put over one week. Chico Unified School District, The District forwards its Resolution No. 101 rL,l,-~,c~J urging improvement of East Avenue between Ceres and Ceanothus. '7 Y Discussed, Mr, Castleberpy felt it was a good idea. No action taken. Thomas E, Evans, county superintendent of schools, Mr, Evans writes that the County Board of Education requests favorable consideration for ~0 i•~ ~ fiscal responsibility, Discussed, To be discussed again at Budget time, No action taken at this time. County of Sutter, The County forwards copy of its Resolution No. 73-45 y supporting SB 550, This measure incorporates a preventive and control / p v :.L Page 156. April 10, 1973 April_10,_1973 _ _ _ _ _ program which will alleviate the economic distress caused by over- production of cling peaches, Discussed, Copies of this resolution will be made for the Board members, Supervisor Ladd will report on this, County of Yuba, The County forwards copy of its Resolution No, 1973-61 O~ Z '?~ supporting SB 550, Same action as above, Coun~ Supervisors Association of California. The Association sends press ~ U ~ g release re CSAC Environmental Management Institute, ~ A review committee will attend the meeting. State Lands Division, The Division forwards draft of Environmental Impact Report on prospecting permit in Butte County and requests C6 review and comments to be submitted prior to May 28, 1973. The `'l~ ~ application is to prospect for gold on two submerged parcels of l the Feather River between the Fish Barrier Dam and the Oroville Dam, Discussed, No action taken, Office of Economic Opportunity, San Francisco, The Agency sends copy of its letter to Mr, Garlit, executive director of Butte County EOC, ~~ ~ ~ stating that they have accepted the responses dated March 13, 1973 ~p regarding New Era Enterprise audit and cost questions therein, This audit may now be considered closed, No action necessary, Gold Nugget Days Committee. They request the Soard to participate in p ~,9 O the parade, Board members will participate, Mr, Nickelson will answer the letter. Letters in opposition to bar on East Avenue, Chico, Letters discussed, ~~3r~ ~ Mr. Castleberry will acknowledge the letters. Bach and Bach, attorneys at law, Claim of Daniel Darden and Alma Darden, husband and wife, individually and as parents of Darrel Darden, Jr „ Donald Lee Darden and Dee Ann Darden, their minor children in the amount of $650,000, See motion following communications, t~ Mrs, Wilma M, Fales.Request for removal of snow on the road from Lomo to /°Z S~.a c~ Butte Meadows, Referred to Clay Castleberry, Director of Public Works, Donna Smith. Request to place the mobile home of her son and wife on O'Y/ property belonging to her aged parents so they can help care for r' ~j~ the parents, Read and discussed, Planning Commission is working on / an ordinance to allow these homes. County Counsel will bring back information at the next Board meeting concerning this matter, Norman Callaway, Administrator of Headstart Preschool program, Reports that ~ ~~,0~ State legislation for the preschool program is to continue until the end of this school year, Senator Fred W, Marler, Response to letter from•Chairman McKillop concerning the study for Bidwell Park, He reports that legislation a ~-- is being introduced for appropriation. Assemblyman Ray Johnson O Us sill introduce the bill and Senator Marler will coauthor it on the Senate side, Discussed; no action taken. 73-590 REJECTION OF CLAIM: DARDEN On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the claim of Daniel Darden and Alma Darden, husband and wife, individually and as parents of Darrel Darden, Jr „ Donald Lee Darden and Dee Ann Darden, their minor children, in the total amount of $650,000 was rejected and referred to County Counsel, 73-591 DISCUSSION LETTER FROM P R, YARBROUGH THERMALITO IRRIGATION DISTRICT Dan Blackstock, County Counsel, explained the letter from Paschel R. Page 157, April 10, 1973 April 10, 1973 Yarbrough, Director of the Thermalito Irrigation District. Mr, Blackstock feels that this is not a letter of resignation, He does not feel that this is an indication that a vacancy has occurred in the office. Mr, Blackstock set out his opinion concerning this situation. Letters from Homer W. Gibbs, James W. McDonald and Ernest L, ~0 ~' Reynolds read and discussed, Mr. Blackstock will answer the letters. Bob Grant, ex-manager of the Thermalito Irrigation District was present during the discussion. Mr, Dean Cofer, Nelson, Avenue, spoke on the matter, He feels that the letter from Mr. Yarbrough was a letter of resignation as he no longer is a free holder in the district and he also made a recommendation for replacement of his office, Resignation of Mr. Yarbrough and whether an appointment could be made discussed; no action taken at this time. 73-592 DISCUSSION: GENE DILL's OFFER OF SETTLEMENT CONCERNING WARD BLVD. PROPERTY Dan Blackstock, County Counsel, read a letter from John C. Schroder, Jr. ~ attorney at law, concerning the Gene Dill offer of settlement concerning 1'Zj ~~~ the Ward Boulevard property. Mr, Dill offers to put the property back into one parcel of land, Mr. Blackstock has discussed this with the District Attorney and he feels that this would be a reasonable solution to the property and recommends that the Board accept the offer, Mr. Blackstock will work out the details with the Board of Realtors concerning the release of the D & R order. Matter discussed, It was felt that the property should be put back in the original order before having the D & R released, Mr, Blackstock will proceed in this manner,' Matter put over to the next Board meeting for action, 73-593 REPORT BY DATA__PROCESSING ADVISORY COMMITTEE ON EQUIPMENT PROPOSALS The Data Processing Advisory Committee reviewed vendor proposals on Thursday and Friday of last week and reported at this time, Supervisor Madigan said the committee will meet again tomorrow for further discussion, Action put over two weeks. 73-594 APPROVE FINAL MAP, LINCOLN PARK SUBDIVISION, APPROVED AGREEMENT OF SALE-CANYON DRIVE AND AUTHORIZED RIGHT OF ENTRY RE LINCOLN BLVD.. BRIDGE On motion of Supervisor Madigan, seconded by Supervisor Ladd and unanimously carried, the following action was approved: 1, Accepted final map of Lincoln Park Subdivision (8 lots Butte Creek Country Club, Chico; accepted offers of dedication and authorized the Chairman to sign deed for drainage easement, Necessary bonds guaranteeing completion of road and drainage work to County standards, 2, Approved the following agreement for sale £or right of way acquisition, Canyon Drive (27553-68-1), authorized the Chairman to sign and authorized Auditor to issue warrant upon demand of County's escrow agent: R, 0. Bethel 0,222 ac, $557 No Impr. Total $557. 3. Detour for construction of Lincoln Boulevard Bridge traverses portion of owner's property which is used for storage of wood in his woodcutting business. Owner has p;~ue~gg'd lump sum of $300 for use of April 10, 1973 _ = y = _ ~ ~ _ ~ ~ = WAgri1~10, W1973 = _ _ = Y = _ ~ W F his land as detour. Right of entry to Department of Public Works has been executed by property owner (Gaud Edwards). The Auditor was authorized to issue a warrant in the amount of $300 upon receipt of signed claim by property owner. 73-595 INFORMATION AND DISCUSSION ITEMS FOR PUBLiC WORKS Ciay Castleberry, Director of Public Works, presented the following items for information and discussion: (a) Abandonment - Hatch and Rock Orchard Tract-Biggs area. Public Works wilt present a Resolution later to amend the originai resolution of abandonment. (b) Public hearing re California Division of Highways project on SR 99@ Pentz Road and Durham Highway. Department of Highways has suggested June 11, 13, 13 and 14 as possible dates for the hearing. Mr. Castleberry explained the matter of the hearing. June 13th was set as the date for the hearing, to be held at the Durham Memorial Hall, L---73-596 ADOPT RESOLUTIONS 73,61, 73-6'A & 73-63 RE .SKYWAY ASSESSMENT_._DISTRIC~ N0. 1 Everett McCain explain the action that should be taken concerning the Skyway Assessment District No, 1, Paradise, There are three resolutions that will have to be adopted, A resolution approving the district map and designating name of district; resolution declaring that public convenience and necessity require improvements and acquisition in Skyway Assessment District No, 1; and resolution appointing attorney, Time spent discussing the proposed district. The hearing was set for May 29th. Chairman McKillop suggested that the hearing be held in the evening in Paradise, These resolutions are to start. the formation of the district, Attorney contract discussed, The firm that will be involved is Boles & Peck; they handled the proceedings for Shasta Union Drainage District and are specialists in this field. The contract has a contingency clause, Fees discussed, Time spent discussing where the fees and funds for the district were to be taken from the finance this formation, Bill Lawrence, assistant auditor, stated that the contract would be subject to the approval of the Auditor. The funds would have to be made available from the General Fund. On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, the following resolutions were adopted and the Chairman was authorized to sign: Resolution No, 73-61, approving district map and designating name of district Resolution No, 73-62,decla ring that Public Convenience and necessity. require improvements and acquisitions in Skyway Assessment District No. 1; and Setting May 29, 1973, at 8:00 p.m, at the Paradise Memorial Hall, Paradise; and Resolution No, 73-63, employing attorney, subject to Auditor's approval 73-597 APP ROVE CONTRACT REVTSTONS WITH MC CAIN AND ASSOCIATES- SKYWAY STORM DRAINAGE ANA SANITARY SEWER DESIGN CSA 38 and CSA 45 Mr. McCain explained the contract revisions for the Skyway storm drainage and sanitary sewer design (CSA 38 and CSA 45), Due to the expansion of the sewage by additional laterals and the expansion of the project, the funds for the contract have to be increased, The contract would be increased by $22,000. Mr. Castleberry feels that the amendment Co Page 159. April 10, 1973 April 10, 1973 the contract is in order, There will be additional design work for the work out and away fxom the Skyway, Revisions to the contract discussed, Funding for the contract discussed. Mr. Lempke, Paradise, stated that there is State Legislation that would help with the seweage portion of this project. Mr. Castleberry's department has made a count of the vehicles using these roads, They have not stopped the cars and asked their destination,Mr, Castleberry will work with the people in that area and will give Mrs, Best all the information that she requests concerning this project, On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, the contract revisions with McCain and Associates for the Skyway storm drainage and sanitary sewer design (CSA 38 and CSA 45) were approved, subject to the approval of the auditor and the Chairman was authorized to sign, CONTEMPARY ISSUES CLASS FROM LAS PLUMAS HIGH SCHOOL WELCOMED TO THE MEETING. RECESS: 10:35 RECONVENED: 10:50 73-598 PUBLIC HEARING SET: EXTENSION OF INTERIM ZONING FOR THE FOOTHILL RESIDEi~]TS LEAGUE ,LYNN WIXOMZ EAST OF OROVILLE,..~CANYON DRIVE. WARD BLVD. ETCH) A public hearing was set for April 24,1973 at 1:30 p,m, for extension of interim zone for the Foothill Residents League (Lynn Wixom) for property east of Oroville. 73-599 APPROVE TENTATIVE PARCEL MAP FOR RICHARD RAMSEY Jim Lawson, Planning Director, set out the conditions of the tentative parcel map of Richard Ramsey, in an area that has previously been and is in the process of being four by foured and which had been continued fxom April 3, 1973 meeting. Mr. Lawson explained the additional conditions. Letter from Maurice Smith, Paradise, read, which withdrew his objections to the map, with certain conditions, He requests that the development meets the County requirements of a minimum 28 feet asphalt road in approximately the center of a 60 foot easement, with underground utilities, Trees and other ecology of the area are to be conserved as much as possible, Requests of Mr. Smith discussed. It was felt the road should be built, and that a performance bond that the road was going in and a bond for the road to hold up for the required time be filed with the county. Supervisor Gilman asked what the staff recommendations were for this map. Mr. Lawson stated that the map meets the subdivision requirements. Priscilla Hanford, Planning Commissioner, spoke to the map. On'motion of Supervisor Cameron, seconded by Supervisor Ladd and carried, the following tentative parcel map was approved, with. the conditions that the road be brought up to County standards, for the entire length. of the parcels, and wiCh the underground utilities condition to be enforced: 1, Richard Ramsey, AP 54-24-03 (portion), 4 lots, on Pentz Road, near Crandall Way, Paradise, Surveyor: John W, Hamby AYES.:. Supervisors Cameron, Ladd & Chairman McKillop NOES: Supervisors Gilman and Madigan April 10, 1973 Page 160, m - - - - - - - - - - - ~P5il ~0~ 19Z~----- ~- ~- - - - - - - - - - - - - 73-600 APPEARANCE OF MR, KENNETH SAUCIER, ALPINE AVE., CHICO, PURCHASE OF PARCEL-REFERRED TO REAL ESTATE COMMISSION AND DISTRICT ATTORNEY Mr. Kenneth Saucier, Alpine, Chico, said he had purchased a piece of property near the town of Nord, He applied for a building permit and the permit was denied, He has not been able to straighten the matter out. The Building Department claims that it is an illegal lot split, Dan Blackstock, County Counsel, stated that the question is: Was the lot legally created, He explained the problem involved, Supervisor Gilman looked at this parcel; it is in an area where there is parceling going on of Ag land, This parcel is a portion of a two parcel split, Map discussed, Mr. Blackstock explained how these problems are handled. He feels that this problem should be turned over to the appropriate authorities, Supervisor Gilman said he spoke to this man and to the District Attorney about the problem, It was felt the problem should be referred to the State Division of Real Estate and to the District Attorney for investigation, Action to be taken discussed, It was moved by Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried that the Saucier purchase of property from Olson and Schlaf be referred to the Real Estate Commission and the District Attorney for investigation, with all the pertinent papers to be presented with the problem. Mr. Richard J, Sinatra, 2430 E1 Paso Way, Chico, stated he owns the other 7 acres of the above lot split. He said this property borders on the railroad tracts and borders the community of Nord, There are umny homes in the area, He wanted to know why this parcel map was denied, Map discussed, Chairman McKillop told Mr, Sinatra that he would be informed when the Division of Real Estate makes their report, Copies of his documents to be given to County Counsel, also. 73-601 APPEARANCE OF C. A. WITHINGTON OROVILLE PROPERTY PROBLEMS Mr, C, A, Withington, Orovilie, referred to the property of Carver that allowed them to place a mobile home on the property, The property was rezoned for this purpose, The property adjoining the Carver property is putting up a mobile home; the new owners of this property did not know the property was not zoned for trailers, He feels that something has to be done concerning these matters, Matter discussed; no action taken, 73-602 APPEARANCE CF MRS, MARJORIE COX L PARADTSE Mrs, Marjorie Cox, Paradise, said she was interested in the interim zoning introduced by Mr. Lawson last week, She owns property in theLime Saddle area and in the Magalia area, Mr, Lawson did not place this zoning on the agenda this week; he feels that it should be postponed 2 or 3 weeks, He will notify Mrs. Cox when the hearings will be held, Mrs, Cox set out her feelings concerning the zoning, No action taken at this time, 73-603 AUTHORIZE PAYMENT OF_~17,30 TO GATES RESALE FROM GENERAL FUND Clark Nelson, County Clerk, stated he has received calls from Gates resale concerning the money that belongs to him and was being held as evidence, This money was stolen from the evidence closet at the new courthouse. The Sheriff states that the matter is still under investigation, Release of this $17.30 discussed, Supervisor Ladd felt Page 161; April 10, 1973 -~' ~ _ - - - - - - - -QPxll la. 19z3- - - - - - - - - - - - - the money should be returned and that the investigation could continue. On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, payment of $17,30 to Gates Resale from the General Fund Reserve for Contingency was authorized, RECESS: 12:00 RECONVENED: 1:30 p,m, All Board members present, 73-604 PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DECISION-ALBA S. HOUSEMAN APPEAL WITHDRAWN The public hearing on the appeal of Planning Commission decision on the Alba B, Houseman use permit for a 76 unit mobile home park on property zoned A-2 (general) located on the east side of Midway, approximately 1,650 feet south of Entler Lane, containing 17 acres, more or less, identified as AP 40-02-24 & AP 40-02-33, Chico, was held as advertised, Fhil Mace, attorney for the appellant, appeared and requested that this matter be taken off the agenda, He with drecT the appeal at this time, No action necessary, The use permit had been denied by the Planning Commission. 73-605 PUBLIC HEARINGS: INTENTION TO ABANDON PUBLIC UTILITY EASEMENTS: ADOPT RESOLUTIONS 73-64 and 73 65 APPROVING ABANDONMENTS Public hearings were held as advertised on the following: 1, Intention to abandon public utility easement - Lots 149 and 150, Paradise Pines Country Club Estates, Paradise 2, Intention to abandon public utility easement - Lot 19, Oakmore Park Subdivision, Paradise, Mr. Lawson summarized the actions of the Planning Commission, He stated there was no problem here because of the Environmental Impact Report, Hearing opened to the public, Appearing: no one, Hearing closed and confined to the Board, On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the following resolutions were adopted and the Chairman was authorized to sign: t/ Resolution 73-64 of abandonment of Public Utility Easement-Lots 149 and 150, Paradise Pines Country Club Estates, Paradise v' Resolution 73-65 of abandonment of public utility easement, Lot 19, Oakmore Park Subdivision, Paradise 73-606 PUBLIC HEARING: MRS, RICHARD JONES, APPEAL TO DENTAL OF USE PERMIT FOR MOBILE HOME ON PROPERTY ZONED "M-2" (HEAVY INDUSTRIAL). OFF ORO DAM BLVD The pubiic hearing on the Mrs, Richard Jones appeal to denial of use permit for mobile home on property zoned "M-2" (heavy industrial) located 500 feet off Oro Dam Blvd, and 600 feet west of 5th Avenue, Oroville, was held as advertised, Jim Lawson, Planning Director, summarized the actions of the Planning Commission in this matter. The Planning Commission recommended denial of this use permit. The mobile home was used for a home for the night watchman of the boat storage place, Page 162, April 10, 1973 - - - - - - - - - - - - - April lOz 1973- - - - - - - - - - - - - - - - - Supervisor Ladd explained his feelings concerning this appeal, He said that people could complain on all types of things, He feels that there is a need for this home, because of burglaries occurring in the commercial areas, Hearing opened to the public. Appearing: 1, Mr. Richard Jones, applicant, He explained his request for the mobile home. Chairman McKillop said he could not understand the Planning Commission's feelin in this matter, Mr, Lawson said the applicant. was not present at the hearing, and it was possible that the Planning Commission felt there was a lack of interest. He explained the problems of having trailers in Commercial zoned areas, Request discussed, Chairman McRillop felt that it could be conditioned to a yearly use, Supervisor Madigan asked if it would hurt to send this back to the Planning Commission, Mr, Lawson said that he would have the Planning Commission look at it this.Thursday, He said because of the E,I,R, factor, May 8th would be the soonest that this scatter could be returned to the Board, Hearing closed to the public and confined to the Board for consideration. Supervisor Ladd felt that this should receive reconsideration by the Planning Commission, on a yearly basis, On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, the Richard Jones application for use permit for mobile home on property zoned "M-2" (heavy industrial) located 500 feet off Oro Dam Blvd, and 600 feet west of 5th Avenue, iderstified as AP 35-03-24, Oroville, was referred back to the Planning Commission for reconsideration under the suggestions set out at this hearing, 73-6D7 PUBLIC HEARING: MR, IKEHORN, INTERIM ZONING FROM "C-1" (LIGHT COMMERCIAL) TO "R-1" (SINGLE FAMILY RESIDENTIAL) FOR PROPERTY EAST OF STEARNS ROAD, ADJACENT TO PARADISE IRRIGATION DISTRICT BOUNDARY, PARADISE The public hearing on Mr, Ikehorn's request for interim zoning from "C-1'" to "R-1" (single family residential) for property east of Stearns road, adjacent to Paradise Irrigation District boundary, Paradise, was held as advertised. Mr, Lawson explained the actions of the Planning Commission in this matter. The present interim zoning will expire April 15, 1973. Petitions have been filed for the permanent zoning, He said there is a problem with this zoning. There is C-1 zoning at the intersection of Stearns Road and Pentz. Opposition has been expressed concerning this commercial. Two parcels were excluded from the zoning, An E.I,R, is not needed for an extension of an interim ordinance, Mr, Lawson Said the Board could extend the interim, excluding the four corners at the intersection. Hearing opened to the public, Appearing in opposition: 1, Dave Powell, He owns one of the parcels under question, He set out the background to his problem, He had made an application to build a one-story medical building on this parcel and it was denied, He set out the justification for his request for exclusion from this zoning. Page 163. ` April 10, 1973 April 10, 1973 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2. Mr, Dell Hammon, Paradise, He said he was setting in the middle of the rezoning area, He said he would like to have a shopping center close to him. He said he has no objection to the R-1 zoning as set out as long as it leaves this intersection as a C-1 area, 3. Barbara Odekirk, Merry Wood Drive, Paradise, He said she helped Mr, Ikehorn with the petition, She does not feel that the C-1 should run down past the four-corneas. Appearing in favor: 1. Mr. Ikehorn, Merry Wood Drive, He explained his request for this rezoning, He said he had been told that they could add or subtract land to the rezoned area, He would like to add on Lot 61, west o€ Stearns, He requested that the interim zoning be extended, Mr, Arlin Goodsell, Paradise, stated that he owns the lot next to the store, He does not believe the commercial zoning should be taken from this intersection, Mr. Dave Powell again requested that the intersection be excluded from the R-1 zoning. Mr. Lawson explained the zoning and the uses that would be allowed, Hearing closed to the public and confined to the Board, Zoning discussed. Discussed how long it would take to get the permanent zoning for the area. Mr, Lawson explained how the permanent zoning would be handled, Supervisor Cameron felt the zoning should be extended for 90 days. 73-608 ADOPT ORDINANCE N0, 1341, AN INTERIM ORDINANCE AMENDING COUNTY ORDINANCE 925, CONSOLIDATING "R-1" SINGLE-FAMILY RESIDENTIAL) On motion of Supervisor Cameron, seconded by Supervisor Ladd and unanimously carried, Ordinance No. 1341, an interim ordinance amending County Ordinance No, 925, consolidating "R-1" (single-family residential) for property east of Stearns Road, adjacent to Paradise Irrigation District boundary, Paradise, was adopted for a 90 day period of time, and the Chairman was .authorized to sign, 73-609 PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION-PROP05ED REZONE FROM "PA°C" (PLANNED AREA-CLUSTER) DISTRICT TO "A-SR" (AGRICULTURAL SUBURBAN RESIDENTIAL) DISTRICT: PROPERTY LOCATED SOUTH OF SACRAMENTO AVE CHICO The public hearing on the Butte County Planning Commission initiated proposed rezoning from "PA-C" (planned area-cluster) district to "A-SR" (agricultural suburban residential) district for property located south of Sacramento Avenue, containing 15.5 acres, identified as AP 43-26-03 and AP 43-29-72, Chico, was held as advertised, Jim Lawson, Planning Director, summarized the actions of the Planning Commission on this matter, The Planning Commission recommended approval of the rezoning on a vote of 5-4, Hearing opened to the public, Appearing in favor: 1. Bob Britten, Ghico. 2, John Stutz, River Road, Chico, Page 164. April 10, 1973 --------------Apri110_ 1973------------- Appearing in opposition: 1. Mrs, Turner, owner of the property in question. She explained her reasons for opposing said rezoning, She requested that the Board think about the reversal of the rezoning on her property and the loss that ahe will have to take because of the possibility of this rezoning. Hearing closed to the public and confined to the Board for consideration. Mr, Lawson stated that this rezoning would require a E,I.R, report, He would suggest that the matter be sent back to the Planning Commission, Supervisor Ladd said that when he first came on this Board, this property was being considered for rezoning. While he was trying to make up hfa mind on this matter, he was accused of many things concerning this matter. He made a decision with many people who were in opposition to this development. He decision was made on the basis of trying to save prime Agricultural land, He still feels that this is a worthy cause. He does not think that this proposed zoning will do anything to help preserve Ag land. He still feels the same as he did months ago about this zoning for this particular area. rime spent discussing action to be taken. On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the proposed rezoning from "PA-C" district to "A-SR district for property located south of Sacramento Avenue, containing 15.5 acres, identified as AP 43-26-03 and AP 43-29-73, Chico was referred back to the Planning Commission for the Environmental Impact Report, prior to making a decision on the rezoning. 73-610 PUBLIC HEARING: CONTINUATION OF THE LIME SADDLE COMMUNITY SERVICE AREA- BUTTE COUNTY PLANNING COMMISSION INITIATED REZONLNG FROM "S-H" (SCENIC HIGHWAY) AND "A-2" (GENERAL) DISTRICTS, TO "S-S" (SCENIC SERVICE) DISTRICT FOR ALL THAT PROPERTY LOCATED WITHIN THE "LIME SADDLE COMMUNITY SERVICE AREA" The continuation of the Lime Saddle Community Service Area-Butte County Planning Commission initiated rezoning from "S-H" (scenic service) district for all that property located within the "Lime Saddle Community Service Area" was held at this time. Mr, Lawson summarized the actions that have been taken concerning this matter. At the last hearing, County Counsel questioned the uses that would be allowed in this zoning, Mr. Lawson said that it is basically extensive use permit procedures, A meeting was held concerning this matter, Mrs. Blair, Planning Staff member, explained what took place at the meeting. Appearing at this time: 1, Mr, Harold Dawson, Chairman of the Ad Hoc Committee for Lime Saddle District. He said the committee would like to spend more time considering zoning for this area, They would like this hearing continued, Mx. Lawson explained the actions the Board would have to take at this time. If other zoning district requirements were to be considered, The Board would have to deny this regte st without prejudice and then re-advertise new hearing dates. The Board could waive the fees in this matter, 2. Mr. Carl Fisher, member of the Ad Hoc Committee. He said the committee was trying to get the property owners to participate more Page 165. April 10, 1973 - - .. _ ,. .. - - .. - - - - - A p r i 1 10 z 19 7 3 - - - - - - - - - - - - - - in this zoning matter, 3, Mrs, Marjorie Cox, Paradise, She feels that the matter should be firmed up before rushing into this zoning. 4, Mr, Johnson, representing Mrs. Chapman. He feels that there is a need to change the zoning from scenic highway, Hearing closed to the public and confined to the Board for consideration, On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the zoning request for the Lime Saddle Community Service Area from "S-H" (scenic highway) and "A-2" (general) districts to "S-S" (scenic service) district for all that property located within the "Lime Saddle Community Service Area," was denied without prejudice and the Board requested that the Planning Commission initiate new zoning for the area, with the deletion of any additional fees to be paid, 73-611 DISCUSSION: PERSONNEL AT PLANNING DEPARTMENT Planning Staff personnel discussed, There is a need for more clerical help to do the Environmental Impact Report work. An extra typewriter is also needed, Mr, Lawson was requested to have a proposal for the Board at the next Board meeting for consideration and decision. Supervisor Ladd said fie would like to suggest that Planning Department forget setting aside the fees from the Environmental Impact Reports for use in securing additional equipment and clerical help. Bill Lawrence, assistant Auditor, said the Auditor's Department would keep track of the extra casts in this matter, No action taken at this time. RECESS: 3:35 RECONVENED: 3:40 73-612 APPROVE CONTRACT WITH GENERAL APPRAISAL COMPANY FOR FIXED ASSETS SURVEY Bill Lawrence discussed the contract between the County and the General Appraisal Company for the fixed assets survey, Register has been prepares and is approved by Counsel and Auditor, Mr, Lawrence would like the Board to authorize Administration to send a letter to all department heads with instructions for compliance, On motion of Supervisor Gilman, seconded by Supervisor Ladd and carried, contract with General Appraisal Company for fixed assets survey was approved and the Chairman authorized to sign; and Administration was authorized to send a letter to the department heads with instructions for compliance, AXES: Supervisors Cameron, Gilman, Ladd and Chairman McKillop ABSENT: Supervisor Madigan 73-613 DISCUSSION: COUNTY HOSPITAL CHARTER BALLOT Dan Blackstock, County Counsel, set out the proposed ballot measures for the County Hospital. He felt these measures gives the vater a versatality, Discussed, Supervisor Gilman questioned the County Charter amendment measure where it states that no resident of the County shall be denied medical or hospital care at the hospital for want of money, He felt this is redundant because it is already the Board's responsibility to provide this, He also felt the language on the ballot measures should be kept as simple as possible, Proposed Charter amendment discussed, Supervisor Gilman was hesitant o the bond issue because it is Page 16~. April 10, 1973 April 10, 1973 unknown how much capital is necessary for renovation and capital improvement, Discussed, Supervisor Gilman questioned why the measures could not be tied together, County Counsel stated the Bond Counsel will not approve a bond issue unless it is a separate measure, Chairman McKillop stated that it may be necessary to have information with the ballot explaining it more thoroughly to the voters, Time table on a special election discussed, County Counsel outlined the time limitations on such an election, Bond and hospital costs discussed, Chairman McKillop stated that $.25 per $100 assessed valuation for the over-ride would raise about $500,000. Supervisor Gilman felt the hospital must have the facilities to be competitive with other hospitals. Supervisor Ladd said that a 50 bed hospital is the minimum practical unit. Supervisor Madigan stated that equipment must constantly be updated, Chairman McKillop suggested that the over-ride and bond be discussed in two weeks, County Counsel stated that the election could be held from June 10th to July 10th if an ordinance is adopted at the April 24th meeting, The Clerk must begin publication within 15 days of passage of the ordinance, County Counsel suggested that the Board direct the County Clerk to start election pxocedures for a special election. County Clerk was so directed, Action on the matter was put over two weeks. RECESS: The Board recessed at 4:30 p,m, for an executive session to discuss litigation and personnel. RECONVENED: The Board reconvened at 5:40 p,m, following an executive session, 73-6.14_.DISCUSSIDN: JUVENILE HALL CONSTRUCTION PROGRAM Clif Nickelson, Administrative Officer, said he had the final report on the construction program for Juvenile Hall, He explained the needs of the Ha 11, setting out the concept of the needed addition to the Hall, Plan set out and discussed, He said that if the State laws change and they close out the CYA program, the County would end up with more youths out at Juvenile Hall, Nore rooms would then need to be added on to the Hall. Future plans of the building discussed. Mr, Nickelson felt the Board should go forth with the plans and employ an architect and get started with the construction of the new wing to Juvenile Hall, Don Nissen-, senior Probation Officer, said he was in full accord .with Mr. Michelson's recommendation. Plans discussed, Chairman McKillop asked if the Board members would-like to the read the report and take action later, The Board members felt they would .like to have time to read the report and study the recommendation. No action taken at this time, Page 167. April 10, 1973 -_- ------Apri110= 1973-------- ------ 73-615 APPROVE LEAVE OF ABSENCE: HOSPITAL On motion of Supervisor Madigan, seconded by Supervisor Gilman and unanimously carried, a non-compensated leave of absence through April 30, 1973 was approved for Pauline Long, 73-616 APP ROVE MERIT TNCREASE FOR WELFARE DIRECTOR On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, a merit increase from Range 31,0, step p to step E was approved for the Welfare Director, effective May 19, 1973, 73-617 ADOPT ORDINANCE 1342 AMENDING THE SALARY ORDINANCE On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, Ordinance No, 1342 amending the salary ordinance, which affects the Building Department, Welfare and Mental Health Departments, was adopted and the Chairman was authorized to sign, 73-618 AUTHORIZE A LETTER TO THE CALIFORNIA MANPOWER PLANNING COUNCIL ~ Jim Rackerby, Personnel Director, reported concerning the regional ~~ manpower planning for the Ancilliary Manpower Planning Area ~k3. This !Q matter will be discussed at the Northern California Supervisors Association J meeting in Yreka. Mr, Rackerby explained the pia n. The County is required to submit written plans for this program, Mr, Rackerby said he would suggest that the partial pain be submitted to the ;;alifornia Man-Power Board, A letter should be signed by the Chairman. The letter is being submitted in order to hold the money and for the four counties involved to get together and submit a completed plan, Plan discussed, Chairman McKillop asked Mr, Rackerby if he would be attending the Supervisors meeting in Yreka and explain what has been going on. Mr, Rackerby will attend the meeting, Letter read and discussed, On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, a letter was authorized to be written to the California Manpower Planning Council, attention William Tolbert, Chairman, going on record that the County is submitting a plan and that the County will work with the other three counties for the completion of the final plan and the Chairman was authorized to sign the letter, 73-619 FOR FOUR-DOOR SEDAN DECLARED SURPLUS PROPERTY On motion of Supervisor Gilman,seconded by Supervisor Madigan and unanimsouly carried, a 1967 Ford four-door sedan, Car No, 237, under the Far and Home Advisor investory, was declared surplus property and the Purchasing Agent was authorized to dispose of said auto, 73-620 COMPLETION OF THIRD COURTROOM AT COURTS BUILDING: PUT OVER TO NEXT MEETING Action of the completion of the third courtroom at the Courts Building was put over to the next Board meeting, 73-621 AUTHORIZE RECONVEYANCE OF DEED OF RECONVEYANCE: BENJAMIN A CAMPBELL The Collections Department advises that note secured by deed of trust for sale of,a piece of surplus property to Benjamin A, Campbell, et ux, has been paid in full, Action discussed, On motion of Supervisor Madigan, seconded by Supervisor Gilman and unanimously carried, reconveyance of deed of trust for sale of piece of surplus property to Benjamin A, Campbell, ex ux, was authorized, County Clerk was authorized to release the original installment note to Collection Department, and the appropriate person was authorized to sign the reconveyance, Page 168, April 10, 1973 April 10, 1973 73-b22 TRt1VEL AUTHORIZED Public Works Director requests authorization for James A, Anderson to attend a Plant Management Conference to gain information on design, installation and maintenance of turf grass. and other ornamental plant materials, This will be in Anaheim April 17 through April 19, 1973. Number of nights lodging two, Estimated cost of trip $1b3. Travel by public transportation, Inasmuch as the County Buildings budget does not have ,this amount available in its transportation account, authorization to transfer $163 from County Buildings salaries and wages-regular to County B Buildings travel account is needed, Request discussed, On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried ,the .travel for James A, Anderson to attend the Plant Management Conference was authorized, April 17 through 19, 1973, Anaheim, Two-nights lodging; transportation by public vehicle, Estimated cost of trip $1b3. 73-623 BUDGET TRANSFERS APPROVED On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following budget transfers were approved: 8-102, Central Services - $400 to Office Expense from $200 from equipment maintenance and $200 from transportation and travel B-103, Public Works, Engineering & Administration-$600 Reserve for Contingencies-Road Fund to Engineering and Adm, B-104, Agriculture - $238 from Professional and Special Services to Rents and Leases 73-624 APPOINTMENTS TO CHARTER STUDY COMMITTEE Supervisor Madigan nominated Frank Dingfelder as a member of the i~O~O~~Charter Study Committee, On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following appointments to the Charter Study Committee were confirmed and the Administrative Officer was requested to notify said appointees: Chairman McKillop Supervisor Ward Cameron Sugervisor Art Gilman Sugervisor Jack Madigan Ed Nettleship Leroy Clayton Lee Fickes, Sr. Mrs. Viola H. O'Neal Phil Mace Mrs. Robert (Ginnie) Hart Mrs. Laverne Lennon Mr, Orrin B. Stratton Mrs. Jean Herseth Mrs, Ann Nordhus Robert L. Davis Frank A. Dingfelder Supervisor Jim Ladd Al Appelman A. W, Thresher Ron Graves Discussed the matter of ,,ayment of mileage for members of this Committee. Board members authorized the payment of said mileage, Matter to be more fully discussed at a later date. Mileage authorized at this time, Page 169, April 10, 1973 April 10, 1973 c c a= ca o~ o o c e v v c c---- - - - - .-. _ _ _ _ -. .- = o 0 0 ~. ~ 73-b25 APOLOGY TO SUPERVISOR LADD BY SUPERVISOR MADIGAN Supervisor Ladd that at last week's meeting he had been accused of a conflict of interest, He feels. that there has been sufficient evidence provided to disprove this accusation, He Feels that he should have a statement from Supervisor Madigan. Supervisor Madigan said he had looked at the file yesterday in Sacramento and the documents that Supervisor Ladd presented were not in the State files. The R,M,O, document was the only document on file, Matter discussed. Supervisor Madigan said that if Supervisor Ladd felt that an apology was necessary, he would then apologize, Apology accepted by Supervisor Ladd, 73626 BOARD NOT TO MEET TUESDAY. APRIL 17th, 1973_ Following a discussion, it was the decision of this Board that there would be no Board meeting next week, April 17, 1973. 73-b27 AUTHORIZE THE SELLING OF COPIES OF THE ENVIRONMENTAL REPORT DOCUMENT 1'OR COST-$1,00 On motien of Supervisor Cameron, seconded by Supervisor Ladd and unanimously carried, guidelines for the new Environmental Impact Reports were authorized to be sold at a cost of $1,00. RECESS: The Board recessed at 6:20 to reconvene at 8:00 p,m. in Thico at the Chico Municipal Court Building, RECONVENE-: The Board reconvened at 8:00 p,m. in Chico at the Chico Municipal Court Building, meeting with the Chico City County 73-628 AUTHORIZE PAYMENT OF HALF COST FOR STUDY ON ESTABLISHING A CHICO AREA PLANNING COMNJISSION Hiring of a firm of consultants to study the establishment of a Chico area planning commission discussed, The Chico City Council had approved the allocation. The consultants will be asked to recommend boundaries for such a jurisdiction, T~_ey will also be asked to recommend a financing plan and come up with suggested revisions of city and county zoning ordinances to make them consistent, Following a discussion of these matters, the Board took the following action: It was moved by Supervisor Madigan, seconded by Supervisor Cameron and carried, that $7,500 be allocated as the County's share of the costs for a study to be made by a consultant firm for the establishing of a Chico Area Planning Commission, AYES: Supervisors Cameron, Gilman, Madigan and Chairman McKillop NOES: Supervisor Ladd RECESS: The Board recessed at 11:00 p,m, to reconvene on Wednesday, April 18th, 1973 at 10;00 a,m, for a joint meeting with the Butte County Planning Commission. Page 170, April 10, 1973