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HomeMy WebLinkAboutM041172April 11, 1972 STATE OF CALTFORNTA } } S5 COUNTX OF BUTTE } The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Madiga_•:, Maxon, McKillop ,and Reynolds. Clifton Nickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark Ao Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. Abseni;: Chairman Gilman INVOCATION: Rev. Ron Grenemyer, Evangelical Free Church, Richvale Pledge of allegiance to the Flag of the United States of America 72-618 EXCUSE CHAIRMAN ®FI~NAN: SUPEi,VISOR MADIGAN APPOINTED ACTING CHAIRMAN Dn motion of Supervisor McKillop, seconded by Supervisor Maxon and carried, Chairman Gilman was excused due to illness and Supervisor Madigan was appointed acting Chairman for this meeting. 72-619 APPROVAL OF MINUTES On motion of Supervisor Reynolds, seconded by Supervisor McKillop and carried, the minutes of April 4, 1972 were approved as mailed. 72-620 COMPNNICATIONS Medical Center Hospital, Oroville. Nr. Paul R. Hoff, administrator, forwards check in the amount of $1,1u1.30 as settlement fortheir'rate adjustment 1 I~ .~ ~ audit on services performed for Butte County under contract for O.B. ~Q sexvi~=2s. The settlement covers the period June 4 to November 30, 1970, Under our contract payments to Medical Centex axe adjusted to their Medi-Cal rates after audit. Discussed; xefund check has been deposited with County. Walter M. Sonntag, M.D., Paradise. Dr. Sonntag files appeal of the decision of the Butte County Planning Commission which denied his application for rezoning from A-1 A & C to PA-C on March 30, 1972. Set for public hearing for May 2, 1972 at 1:30 p,m. John Robinson, Chico. Mr. Robinson and three other pxoperty owners living on Dayton Road file petition for rezoning of their property to A-3: Refer to Planning Commission. Jerry H. McGuire and Don A, Lee Wilson, Chico. Request for abandonment of public utility easements on Lot 20 in Parkside Terrace Subdivision No. 2 is filed, Letter concurring in the abandonment are attached from P,G. & E., P, T.& T. and Cal Watex Sexvice Company. Referred to Public Works and Planning Department; to be returned next week for processing. McCain acid Associates, Caxl bf. Wilson, Mr, and Mrs, Robert B. Peterson. These parties write regaxding the East Av~:nue underground district and the fact that some lines will be going underground but that power lines will ~ a•© ~ still be left in the aix. They xequest that the Board require that said line in question be placed undexground. Mr. Castleberry explained the matter; will inform them Board concurs with request. Blade and Farmer and Leclerc. Mr. Blade wxites that in the case of Lucian B. Vandegrift vs. the Board of Supexvisoxs file petition for rehearing to the Court of Agpeal was denied, and also a petition for rehearing f ~ ~' ~ 7 before the Supreme Court of the State of Califoxnia was also denied, and that as a result the matter should be considered closed. See motion fallowing communications. Anna Davis and Philip Wallick, Paradise. As representatives of the E.M.R. Bepart- ment of Paradise High School, the writers request Board consideration of Oc~~~ d problems regarding special education in Paradise Unified School District. See discussion following communications. Paradise Safety Council. The Council writes regarding various safety problems ~ ~ ~ ~ in Paradise. Copies to be give?~ to Board members. No action needed, Page A78. April 11, 1972 . '4. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Agri1~11, _lg 72 = _ _ _ _ _ _ _ _ _ _ _ _ _ _ United Crusade of Butte County. A. G. Stephens, president, extends an invitation ~ 6 \ to the Board to attend a Board meeting on Thursday, April 13 0 5` at 4 p,m. at Prospector's Village. Administrative Officer will attend meeting. Community Legal Services, San Jose. Bob Colonna of the welfare law unit writes regarding S$ 540 which provides for the State take-over of all welfare p O~a L programs in California. To be discussed at the 9 Northern Counties Supervisors meeting this weekend at Weaverville. No action taken at this tim County of Glenn. The County forwards Resolution No. 72-22 which endorses the study of a proposed plan to promote the construction of a levy on the east side of the Sacramento River. Discussed; Mr. Castleberry & Geo. Stamm to request that the survey contain matter of staking the area. State Board of Equalization. The Board sends notice of hearings on April 25, ~ 1972 regarding assessment of public utilities property as of the 1972 ~ ,J,fl lien date. Dave Vasco to attend the hearing; Board requested that he report back to them on this matter. State Air Resources Board. The Board forwards second draft of the "Agricultural ~ Burning Guidelines" and a draft of proposed "Meteorological Criteria." ~/'° They solicit comments to be sent prior to April 15, 1972 and state that `7~ 2 ~ public hearings will be announced at a later dated Copies given to Board members. Mr. Slack to attend the hearing. Corps of Engineers. The Corps forwards selected excerpts from engineering circular entitled "public participation in water resources planning." Referred to George Stamm Corps of Engineers. The Corps responds to Chairman Gilman's letter of March 14, 1972 regarding the Board's approving the surveying and staking of possible flood control works on the east side of the Sacramento River in the vicinity of Ord Ferry Road, Referred to George Stamm Senator Alan Cranston. Senator Cranston writes to thank the Board for letter of March 21 rega rding the Cottonwood Creek Basin Plan and suggests that any further information which can be sent to him would be appreciated. Information. Mrs, Lola Story. Appeal of Planning Commission's denial of rezoning of property in Chico, bounded by Chico.City limites, on north by State Highway 32 and Graham property. Discussed; set for public hearing on Tuesday, May 2, 1972 at 1:30 p.m. Michael & Co,, by Mil-.e Krumvieda. Appeal from Planning Commission Rejection ~ of Tentative Map-Rancho Estates. Discussed, Hearing set for ~J ~,o April 25, 1972 at 1:30 p.m. Hearing not to be advertised on advise of County Counsel. John Robinson, Appeal of Planning Commission's denial of request for rezoning. Set for public hearing on Tuesday, April 25, 1972 at 1:30 p,m, ~ y,00Governor Ronald Reagan, Proposition ~~2 on June primary ballot, d Feather River Forest Forum. Meeting announcement for April 20, 1972 to be held , p~,~ at Country Smorgy, Oroville. 72-621 CONCUR WITH RECOMMENDATION OF PUBLIC WORKS: PLACING OF UTILITX LINES UNDERGROUND, EAST AVENUE, CHICO Discussed letter from McCain and Associates concerning the placing of power lines crossing East Avenue at a point approximately 130 feet east of Tom Polk. Clay Castleberry, Director of Public Works, explained the request. He said this short section of the high voltage lines could be placed underground. He said P.G,& E, funds would be used for this work. rir. Castleberry said he felt this work should be done. Supervisor Madigan said he looked at the area and he concurred with Mr. Castleberry, On motion of Supervisor Maxon, seconded by Supervisor Madigan and carried, the Board concurred with the recommendation of Public Works Director Page 479. April 11, 1972. _____________ ==Apra.1~11,=1672=~=________-__=_ and requested that he notify the P.G. & E, and request that they place the proposed 12 KV aerial lines crossing of East Avenue at a point approximately 130 feet east of Tom Polk underground. 72-622 DIRECT BLADE, FARMER & LE CLERC TO WORK WITH AUDITOR IN PREPARATION OF SAT1S_F_ACTION OF JUDGMENT: LUCIAN B. VANDEGRIFT VS. BOARD OF SUPERVISORS Dan Blackstock, County Counsel, reported on the letter from Blade, Farmer & LeClerk concerning the case of Lucian B. Vandegrift vs. the Board of Supervisors. He said he would recommend that the Board direct Mr. Blade to work with the Auditor and prepare a satisfaction of Judgment in this matter. On motion. of Supervisor Maxon, seconded by Supervisor McKillop and carried, Mr. Blade was directed to work with County Auditor in the preparation of a Satisfaction of Mortgage of the case of Lucian Vandegrift vs. the Board of Supervisors, in order that the case may be cleared off the books. 72-623 DISCUSSION: PROBLEMS REGARDING SPECIAL EDUCATION IN PARADISE UNIFIED SCHOOL DISTRICT The letter from Anna Davis and Philip Wallick, Paradise, concerning problems regarding special education in Paradise Unified School District discussed. Dr, Gale Glen, Supt. of $utte County Special Education Department, was granted permission to speak on the matter. He said there were some items that should be clarified. He explained the classes being handled in Paradise. These classes are for the Educatable mentally retarded; sore states call them the slow learners. They are far more like a normal chi id. What is being dore for these children is consistent with State policy. Dr. Glen said the school departments bill back to the County of origin for these children. The School Districts are reimbursed for these students. The district can buy equipment and other items that are needed. He said there were errors in the letter to the Board. Paradise School System even bills Butte County for some of these students. Dr. Glen said he did not feel that action was needed on this matter. He will meet with these teachers and explain the program. No action taken. 72-624 DISCUSSION: ADDITIONAL PLANTING OF TROUT IN LAKE OROVILLE Supervisor McKillop stated he and Supervisor Maxon had met with Senator Marler yesterday and presented the justification for additional trout for Lake Oroville. Senator Marler had stated that he would do his best to make Lake Oroville one of the greatest fish:.ries in the State. They met with Senator Marler and Assemblyman Johnson; they feel they accomplished a great deal at this meeting, Supervisor Reynolds asked if they spoke on any replanting of the thread thin shad. He said he had heard several times that in the winter months and during cold water months the shad died. Supervisor McKillop stated that this matter had not been discussed. It was felt that the Lake should be kept well planted. Matter discussed; no action taken. 72-62.5 DISCUSSION: LETTER_FROM PEOPLE CONCERNING PURCHASE OF LAND IN FEATHER FALLS T Supervisor Reynolds said he had received a letter from people who were objecting to the purchase of land in Feather Falls, He said he would answer the letter and present the letter to the Clerk to be filed. Mr. Castleberry said there were tentative plans for this large acreage. Mr. Castleberry and Supervisor Reynolds were requested to answer the letter. Page 480. April 11, 1972 Aprii_11,~1972 _ ~ - ~ _ _ ~ - _ _ _ - - - - - - - - - - - - - - - _ - - - r 72-626 REPORT CONCERNING SUPERIOR COURT CONSTRUCTION Mr .'Gene McFarren, architect, reported to the Board concerning Superior Court construction.' Status of the construction and cash flow set out. He said the total work completed today amount to $554,482.19, which constitutes a status of 85/ completed. Mr. McFarren reported on the roofing progress. He gave a brief summary of wt what was required and what has been done, He explained how the matter had been handled. They met on March 24th and a representative from the manufacturer was present. A solution has not been reached at this time. Mr. McFarren said he was trying to get an answer on what the manufacturer is going to do. Supervisor Maxon said he was concerned about the counter that has been built for the building. Mr. McFarren said it was the understanding of Mr. Castleberry and himself that the alterations to the building would not preclude the Clerk being moved to this location. The modifications to the building was to plan for the third court room. Supervisor Maxon asked if this room would be locked at this time. Chairman Madigan said it was to. be left in its present state. Mr. Blackstock said that with regards to the third courtroom. This had been discussed by the Board the end of December or early January and it was left faith the understanding that it would be discussed again at a later date. If the Board wants to take action, it should be done by resolution. The resolution would have to be forwarded to the State Legislature before any action was taken by the State regarding a third judge for Butte County. He said that there has been talk about moving the bench in Courtroom A, and Mr. Blackstock asked Mr. McFarren if this could be done. Mr. McFarren said he had not studied this matter, but he felt that it could be done. Matter of a third .courtroom discussed. Mr. Blackstock said the County could have visiting judges, but not on a permanent basis. The Judicial Council would not go along with this. Mr, Blackstock said if there is any thought of securing a third judge, the architect should go ahead and finish the third courtroom. It could be utilized by the Juvenile Referee. The direction of the Board to Mr. McFarren was to hold activity on the third courtroom until a decision is made by this Board. Mr. McFarren was requested to look at the adaptability of the old bench to the new courtroom. Matter placed back on the agenda for Tuesday, April 25, 1972 at 9:30 a.m. RECESS: 10:2J RECONVENED: 10:35 72-627 AWARD OF CONTRACT, PARADISE PINES UNIT N0. 4; PUT OVER ONE WEEK The award of contract for Paradise Pines Unit No. 4 was put over one week at this time. 72-628 DISCUSSION: GRAND JURY REPORT Time spent discussing the Grand Jury report and responses by Department Heads. Supervisor Maxon said he felt that the most important thing to him was Item 4 on Page 23. He explained the pilot program at Paradise for the freshman, junior and senior classes. Supervisor Maxon said he heartily endorses this program. He said that who pays for the program is irrelevant. Supervisor Maxon said he hoped that the program would be continued and supported by this Board. He feels the County should support the program. Supervisor Maxon said the Regional CCCJ will be making a recommendation on the matter of a law enforcement program being conducted by the Paradise High School. The CCCJ is endorsing t~ g~r4o~ram. He suggested that maybe the County April 11, 1972 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ April. 11~ ].9Z2= _ _ _ _ _ _ _ _ _ _ _ _ _ could get qualified men from law enforcement to instruct the classes. The Administrative Officer recommended that the school system should direct some attention to this matter. Supervisor Maxon objected to this recommendatipn. He feels that this program should be part of the curriculum of the schools. The schools should endorse this program. It was suggested that maybe the Sheriff might desire to speak to the Board on the matter. Supervisor Maxon said he coould like to have this Board request Sheriff Larry Gillick and Ken Mickelson to appear before the Board and give a run down on this program.. Supervisor McKillop said the City of Oroville should have a representative present and Chief Barrett should also be present as they have a similar program going at this time. Comment No, 4, Page 23, of Administrative Officer should be changed to state that Law Enforcement should direct the program and have the schools work with them. Sheriff Gillick, Chief Barrett and Ken Mickelson will be requested to report to the Board on the school program on Tuesday, May 2nd. Supervisor Maxon spoke on the comment concerning elective officials. The comment deals with the remarks on Page 8, Grand .jury report and comments on Page 10 of the responses, 'Supervisor Maxon said he feels that the election of the Sheriff is very important. It is important that the Sheriff be answerable to the people. Supervisor Maxon suggested that the Board comment on the recommendations of the Grand .Tury, Mr, Mickelson read Page 8 of the Grand .jury Report. There has been talk of combining the Clerk and Recorder's Office. There has been no talk of the appointment of the Sheriff and the District Attorney. Supervisor Reynolds suggested that further discussion of this report be held this afternoon. Further discussion put over until later in the meeting. 72-b29 APPEARANCE: MR, BERNARD RICHTER, MANZANTTA AVENUE, CHICO: FORMATION OF A SERVICE AREA IN PARADISE Mr, Bernard Richter, Manzanita Avenue, Chico, stated he was a merchant in Paradise. He would like to speak to the question of the forming of a County Service Area to provide the funds and resources in order that a study could be completed for the construction of a sewage system in Paradise. Mr, Richter requested that the Board form a service area to make the study and install the sewers. He set out the boundaries that could be proposed for the District. He said he was appearing as head of the sanitary committee and they request that the district be formed for a number of reasons. He explained the problem of sewage in the Paradise area. Streams and land are being contaminated by the evidence of this problem. Supervisor Maxon commented on the statements of Mr. Richter. He said a meeting was held on this matter and it was very informative. He said funds could be secured from the State to set up the service area. Supervisor Maxon said he would feel better if, through the Assessor's Office, the Aepartment of Public Works could acquire addresses of people in this area and send out a questionnaire containing basic information. The form could request a quick response from the property owner. George Hersey, Paradise, said letters had been sent to owners of property along the Skyway. Out of 450 letters sent out, he received about 25 letters back, He said there was only a short period of time to prepare this matter. Mr. Cook has to make the survey; Mro Cook should be permitted to go ahead with a survey, Mr. Hersey filed a petition with the Clerk at this time. He said the Board should consider the formation of the service area. Page 482. April 11, 1972 _ _ _ _ _ _ _ _ _ _ _ = April 11~ 1912_ _ _ _ _ _ _ _ _ _ _ _ _ _ Time spent discussing the formation of a service area for the Paradise area. It was felt the Board had to act quickly in this matter. The Water Quality Control Board was getting real tough in this matter. Mr. Blackstock set out the procedure for getting a service area formed, .The formation could be initiated by two of the Board members signing the getition requesting the formation. Supervisor Maxon said he opposes more taxes in the Paradise area. William Tompkins, Paradise, stated that the people in Paradise had voted this matter down. The only problem involved is in the shopping center on the Skyway. The people have indicated that they are not interested in a sewage system in Paradise. Mrs. Lucy Flood, Pentz Road, Paradise, stated she owns. property on the Skyway. She set out the necessity of the formation of a service area for disposal of sewage. Mrs. Katherine Best, Paradise. She stated that the solution to the Skyway problem should have been started about 10 years ago. She is doing every thing she can to encourage the Water Quality Board concerning Paradise problem. She felt the Board should go ahead ;with the formation of the service area. Supervisor Maxon felt the people in the area should be notified by mail so they would know of the possible formation of the service area. Scope of the Service area read by county counsel. Scope set out as follows: l..Service area shall finance the presparation and mailing of an informational letter that shall also double as statement of interest when returned with proper notations. 2: Service Area shall finance the preparation of the Project Report, the Environmental Impact Statement and the applications to appropriate Federal Agencies, The Service Area could finance the design and construction cost of the street c4ossings so that the Skyway widening can proceed within the desired time frame The service area shall finance the preparation of Plans and Specification should the assessment proceedings be terminated prior to the confirming of the assegs- Supervisor Piaxon stated that the sending of the informational ments• letter to the people, it would give the people a chance to respond which he felt was necessary. Aiscussed the financing of the district and the study. Supervisor McKillop said this would be a charge on the tax bills of the property owners in the area of the district. The county would make the loan to the district for the study. A tax rate could not be set for this matter until 1973-74. Supervisor Maxon asked county counsel for his opinion concerning the placing of a tax on the service area this year. Mr. Blackstock said he would research the matter and presenC his opinion later. Supervisor Reynolds requested that it be made a part of the records that it is not his policy to approve loans to service areas, but due to the urgency of this matter he would support this request, because of the illness of the Chairman who cannot vote on the motion, It was moved by Supervisor McKillop, seconded by Supervisor Maxon and carried t!:at County Counsel be directed to prepare a petition for the formation of a service area, for the signature of two Supervisors, within the scope given for the study, and that an informational letter be sent to each parcel holder within the area, said scope set out in the letter filed by Cook Associates. Page 483. April 11, 1972 ----------- ----April 1111972__._ 72-630 LEE L. BURNSIDE: APPEAL OF DENIAL OF A BUILDING PERMIT Mr. Lee L. Burnside appeared before the Board to appeal the denial of a building permit. He requested permission to review this situation. The purchase of the property was subject to his being able to build a duplex. The Board of Supervisors approved the granting of the Use Permit. The permit was good for one year. He applied far a building permit and he was told that the use permit was now denied because of a rezoning of the area. He is now appealing for consideration by this Board. The property is on Honeyrun Road. Dan Blackstock, County Counsel, stated that Mr. Burnside had discussed the matter with him yesterday. He said the plans for the duplex are ready; he has expended funds to prepare the property for the building of the duplex. Mr. Blackstock said he really worked on this matter to see how the situation could be handled. There is no way this could be handled on a non-conforming use. Mr. Blackstock said there was no way that the permit could be granted. Matter discussed, Further discussion will be held when Mr. Lawson, Planning Director, is present this afternoon. RECESS: 12:10 RECONVENED: 1:30 72-631 APPEARANCE OF REPRESENTATIVES Ok' SOPER-WHEELER C_OMPANX: LAND CONSERVATiON_ACT Mr. Bi11 Holmes, representing Soper-Wheeler Company, spoke on the application of the company under the Williamson Act. He said he was present today to ask the Board to reconsider their motion denying the application to be included within the Act. He said they have been in the tree farm business in Butte County for a great number of years. He said he was proud of their reputation, Soma time next spring they will plant their one millionth seedling. He said he thinks the operation is what the Legislators had in mind when they passed the Williamson Act. He commented on County Counsel's argument for recommendation for denial of the application. He feels that they are entitled to be included within the land conservation act. It is the company's position that the action of the County is unjustified. He said that all they were asking for was equal treatment as received by others. Alson Kemp, attorney from Pillsbury, Madison & Sutro, representing Soper-Wheeler Company, spoke on the matter. He said he has spent some time looking into this matter. He said he felt the County was taking away the Constitutional rights of the Company. He set out the opinion of Dan Blackstock in this matter. He said he felt the legal problem here is the unequal treatment Snper-Wheel received. Mr. Kemp urged the Soard to reconsider this matter and to have it be effective as of March 1, 1972, if possible, Dan Blackstock, county counsel, made comments at this time concerning the application far the agreement under the Williamson Act. The request covers only the tree farm property. He argued the denial by the Board at this time. Mr. Blackstock advised the Board not to include Soper-Wheeler in under the Williamson Act at this time. Mr. Blackstock stated that the Attoxney-General's opinion is written in draft form; it might take any time from one month to two months to receive the final draft of the opinion. t?r. Blackstock said he was not suggesting that the Board turn down Soper-Wheeler indefinitely. He feels that the Board should wait until they know exactly what is going to happen to the tax rate, In the meantime, Soper-Wheeler is being treated exactly as they would if they were under the Conservation Act. Supervisor McKillop said he would like to talk to some of the Board members at the Nine Northern Counties meeting this weekend and see how they are handling the timber matter, Matter could be placed back on the agenda for next week. Mr. Kemp felt the desire to secure more information was a good idea. Page 484. April 11, 1972 72-632 WAIVE FEE FOR REZONING APPLICATION: LEE L, BURNSIDE-APPEAL_OP BUILDING PERMIT Mr. Jim Lawson, Planning Director, was questioned about the denial ~ of Mr. Burnside's permit, Mr. Lawson said he was familiar with this matter, He said the only alternative would be to apply for rezoning ~ his property. His property is on the edge of the zoning. Mr. Lawson explained the problem involved. The only way to proceed would be to initiate hearings, upon application of the applicant for rezoning, Mr. Burnside stated he felt it was the Board's intent not to include his property in the rezoning. He said he has complied with everything he was told to do. He felt that there must be some way that County Counsel could recommend approval of this matter. Request discussed. On motion of Supervisor Magon, seconded by Supervisor Reynolds and carried, the Board waived the filing fee for the rezoning application by Lee L. Burnside, and stated that it was the intent of this Board to have the zoning that would allow this duplex and that it was an over sight of the Planning Commission and this Board. 72-633 DISCUSSION: PARALLEL PARKING_ ON_ALMO_ND STREET_ In order to eliminate a hazardous traffic problem on Almond Street between Birch and Pearson, it is recommended that parallel parking only be allowed;' Property owner affected present at this time. Mr. Clinton Bennett, Clark Road, Paradise; he has a business on Pearson Road. He has a real estate office. He is the property owner that objects to the parking recommendation. Mr. Bennett explained his objection. He said there are septic tanks and Leach lines in the back yard of the businesses so that parking would not be allowed. Time spent discussing the parallel parking recommendation. It was suggested that this matter be placed back on the agenda to determine the feelings of the Paradise Safety Council. Mr. Castleberry said it would be well for the Board members to see the area. He said he had talked to Mr. To11e about the statements of Mr. Bennett; maybe something could be worked out in this matter. Matter placed back on the agenda for Tuesday, April 18, 1972. RECESS: 3:10 RECONVENED: 3:20 72-634 MONTHLY ACTIVITY REPORT: COMMUNITY ACTION AGENCY GOVERNING BOARD Mr. Elmore presented his monthly activity report. He said that efforts have been made to turn Neighborhood programs back to the people. If this program is to exist,. it will need this participation. ; In the last EoO.C, meeting last week, there was a report of a nominating committee of the officers. This should have been done last November. They elected a new Chairman-Mr. Rodrigues. A committee has been appointed to review the By-Laws and the membership. This committee will meet tomorrow night. The Appeals Board met earlier this month. The E.O.C. Board has changed the policy; the Appeals Board can now make bindi~~gdec~~~ions. A report was made of the committe April lI, 1972 _ _April_11,_1972 _ concerning the termination of Mrs. Whitney. He explained how she would be reimbursed for her wages. This payment will be made from the 1972 funds. Release of this check will come upon approval by this Board, This action will be a matter of further discussion. Family Planning Project. Mr, Elmore said the need a decision from the Board concerning this program. He needs something to relieve him of the responsibility of the program. There should be a contract delegating the program to the Health Department, Action needs to be taken on this matter. Mr. Nickelson stated that Dr. Heindl has expressed willingness to operate the program. Under the grant, this was to become a delegate agency. County Counsel, Dr. Heindl and Mr. Elmore will meet this week and prepare a contract for this matter. No action taken at this time. Matter to be placed on the agenda for Tuesday, April 18, 1972. Mr. Elmore reported on the joint meeting held regarding finances, The Administering Board went on record that they did not want to consider the reductions at this time. They want to pursue an increase in the grant. Mr. Elmore itemized the employees in the program, Supervisor Reynolds asked if there was Board representation at this meeting, He was told that there was n ot, Supervisor Reynolds said he Would like to see a list of who was present at the meeting, This program is under the Board of Supervisors; the Soard should know who is attending these meetings. Supervisor McKillop said it seems to him that the only direction that the CAA can take is to cut the program. Programs discussed. Supervisor Maxon said he had been made quite clear that there would have to be a cut.; it was his understanding that they had agreed to the cut, Time spent discussing how the matter could be handled, Supervisor Maxon is the appointed official to the Board. He should be attending the meetings and reporting back to the Board of Supervisors. Mr. Nickelson said that the basic problem is that the program is going to be short of funds if they continue on at this level, Same of the things are going to take time to work out and the PEP program people still would not cut the on-going program. Time spent discussing how the problem could be handled. Mr. Nickelson felt there should be a better flow of communications in this matter. He suggested that Mr. Elmore~D.Mr. Blackstock and his office could meet and work up some relief for the program. At this time the program should be looked at and determined how the program could be cut and how the County could assist them. ' On motion of Supervisor McKillop, seconded by Supervisor Maxon and carried, the problem of cuts within the Community Action Program was referred to Administrative Officer, Mr. Elmore and County Counsel; that the program be scaled down to fit the present income; that they come up with a scaled down budget and that the programs be scaled down to fit within the money left in the budget, and that the matter be brought back to the Board on Tuesday, April 25, 1972. 72-635_APPROVE CONTINUING ADVANCES_TO COMMUNITY ACTION PROGRAM ,,.~,1 The Auditor`s report on the Community Action Program fund balance o~~~u V discussed. The Program has been o~aget~~~.this year with out the receipt of April 11, 1972 ----------====~Apri7. 111 1972= = =~___ _______ funds. Mr, Elmore explained the issuance of the grants. The funds have been held up. Release of the funds has now been confirmed by a telegram, • Mr. Mickelson has the telegram concerning the release of the funds, The funds should be received within the next 10 days or so. Mr. Elmore rQquests advance of funds for this program; they are still in an unbalanced pasture, Mr. Lawrence, assistant Auditor, filed a report dealing with the st~~j~s of the funds, Based on the release of the funds, he would recommend th$t Option "A" of the report be approved, He explained the funding for't~ie program.. On motion of Supervisor McKillop, seconded by Supervisor Reynolds and carried, the Board approved the County continuing advances, as needed, for the community action program, if the programs are carried on, u~i~tio a maximum of $20,000, to fund the current salaries and expenses, and ~~ia~ interest be charged at the current xate, ~~..~•: AYES: Supervisors McKillop, Reynolds and Chairman Madigan NOES: Supervisor Maxon ABSENT: Chairman Gilman 72-636 AUTHORIZE CONNECTION FEE FOR STIRLING CITY SEWER DTSTRTCT On motion of Supervisor Maxon, seconded by Supervisor Reynol~~,and carried, the Board authorized the placing. of a $50 connection fee, plus costs, for the Stirling City Sewer District. 72-637 PUBLIC WORKS ITEMS APPROVED: ADOPT RESOLUTION 72-69 ACCEPTING IN Fp~L TOPICS APPORTIONMENTS FOR FISCAL _YEARS, ETC. • On motion of Supervisor Maxon, seconded by Supervisor McKillop.~nd carried, the following action z~as taken: 1. Adopted Resolution 72-69 accepting in full TOPICS apportioncn_ents for fiscal years 1972-72 and 1972-73 and the Chairman was authorized to sign, 2. Approved transfer of $5,000 from WO ~~3745 to Pillsbury-Cohasset Roads traffic signals (TOPICS Project T-3014(1) and authorized the Auditor to deposit County's share with .City of Chico upon receipt o€ billing. 3. Approved agreements for sale for right of way acquisition, authorized Chairman to sign and authorized the Auditor to issue warrant upon demand of County's escrow agent for following: Total Pearson & Clark signals J. Hendricks 0.045 ac, $892 $152 Impr. $1,044 (25471-71-1(T4) Ord Ferry Road C. A. Cabral 0.679 ac $679 $4,948 Imgr. $5,627 (42071-71-1) 4. Accepted deeds for right of way acquisition and authorized Chairman to sign the certificates of acceptance for following: . Eaton Road 59172 (site improvement) AP 44-45-38 N. D. Newman Eaton Road 59173 (site improvement) AP 44-45-49 J. A. Hess 5. Approved Change.Order No. 1, Lime Saddle boat launching facility, Project No. REC-71-1, in the. decreasing amount of $7,450 which provides for the elimination of the chemical toilet units as originally planned and Change Order No. 2 in the increasing amount of $10,393.58 which provides for the installation of flush type toilet units and a holding tank, and the Chairman was authorized to sign. This change was requested by Navigation and Ocean Development. 6. Accepted the work of Robinson Construction Co „ Inc. for the construction of Lime Saddle Recreation Area Boat Launching Facilities; Page 487. April ll, 1972 April 11, 1472 ' authorized the Chairman to sig!i the Notice of Completion and instructed the Clerk to record the Notice of Completion with the County Recorder. 7. Approv:_d plans and sp;:cifications for traffic signal installation at intersections of Skyway at Pearson Road and Clark Road at Pearson Road (Federal-Aid Project No. EPS T-3057(1) and Oroville Dam Boulevard at 5th Avenue (Federal-Aid Project No. EPS T-3053(1); authorized Chairman and Director of Public Works to sign plans; adopted wage scale; and authorized bid opening at 11;00 a.m., Public Works office, May 4, 1972. 72-638 APPROVE_THEORY OF POLICY: PARADISE AREA DRAINAGE EASEMENTS Clay Castleberry, Director of Public Works, reported that within the maintenance district of the Paradise area, Public Works recommends that the District's powers of eminent domain be available to assist in acquisition of easements. All costs to be borne by developer except in case of County benefit. Mr, Castleberry explained the recommendation. These easements would have to be brought back to the Board on an individual process. Dan Blackstock, County Counsel, asked if the County thought it would be a good idea to bring the condemnation action, but then supply free legal counsel for these matters, He asked if it would be better to request the developer to supply the attorney in these matters.. Suggestion discussed; the Board felt that the suggestion of the developer supplying the attorney a good one. On motion of Supervisor McKillop, seconded by Supervisor Reynolds and carried, the Board approved in theory the mentioned policy set out by County Counsel and approved the acquisition of easements as set out in the request. 72-639 APPROVE ADDITIONAL BUILDING INSPECTOR Mr. Castleberry explained the request for an additional building inspector with a pickup and mobile radio unit due to increased workload, A request for the additional huilding inspector has been included in the next fiscal year budget, but due to the increased building business the request is being set forth at this time. Ile stated the department is in the black and there would be no cost to the taxpayer in this matter. Request discussed. On motion o£ Supervisor Reynolds, seconded by Supervisor Maxon and carried, the request for an additional building inspector with a pickup and mobile radio unit due to increased workload was authorized. 72-640 DISCUSSIONS: BUILDING INSPECTIONS The copy of the news release about inspections given to the Board members by Mr. Castleberry discussed at this time. Mr. Castleberry said the County takes a liberal view on the separate buildings that are not critical and are excluded from inspection. Mr. Castleberry had advised the Board that Butte County was the only county that was not inspecting mobile homes on private lots. They inspect the homes for the electrical and gas service that is outside the mobile home; they do not do anything inside the home. The Board had voted to exclude the inspection of accessory buildings.. Mr. Blackstock will give a legal opinion as to whether garages are excluded from inspection. Matter discussed; no action taken, 72-641 HEARINGS SET: PROPOSED REZONINGS Public hearings were set~for April 25, 1972 at 1:30 p.m. on the following: 1. Rita M. Frericks - proposed rezoning from "S-1" (tGtedium-density suburban residential) to "R-1 A&C" (~agem~~$density single f~pri~. c~v~elll}, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Agri].=11,=1472 = _ = _ _ _ _ _ _ _ _ _ _ _ arts and crafts and professional chassification) for property located on the east side of Floral Avenue, 350 ft:-:-south of-East Avenue, (2424 Floral Avenue}, identified as AP 48-22-47-and 48, Chico,`contairiirig approximately 2.5 acres. 2, James F. Newport -proposed rezoning from "A-R"-(agricultural- residential) to "AR-MH" (agricultural residential - mobile home) district for property located east of Seacrest Drive, south of Oroville Garden Ranch Road, . west of Inglewood Drive and north of Oak Knoll Way, southeast of Oroville. 3. William A. Wise - proposed rezoning from "A-R" (agricultural°. residential) to "C-1" (light commercial) district for property located at 6090 Lincoln Blvd, on the west side of Lincoln Blvd. 1100 ft. north of Kusel Road, identified as a portion of AP 36-27-33, Oroville. 72-642_REPORT ON PANNING COMMISSION'S ACTION RE WALTER M. SONNTAG PETTTTON Jim Lawson, Planning Director, reported on the Planning Commission's action regarding Walter M. Sonntag petition for proposed rezoning from "R-1 A&C" (minimum-density single-family dwelling, arts and crafts and professional classification) to "PA-C" (planned area-cluster}.district, for 2.923 acres located on the west side of Pentz Magalia Highway, 690 ft. north of Fickett Lane, identified as AP 53-272-31, Paradise. Matter discussed. Hearing set for May 2, 1972 at 1:30 p.m. 72-643 DISCUSSION: RECOMMENTATION ON WEST CHICO AREA REZONING Mr. Lawson reported that the Planning Commission recommends denial of the rezoning for the West Chico area. Part of this decision was appealed. Mr. Sohn Robinson, Chico, filed an appeal and requested a hearing before the Board for rezoning of a specific area to a A-3 district. They have filed an appeal not to include a 40 acre parcel that does not want to be included within the district. The 40 acres will be handled separately. Mr. Bob Brittain, Chico, set out his views on the rezoning. He said that most of the residents of the area feel that the rezoning should be approved. Mr. Brittain argued to have the proposed "step down" zoning. Mr, Lawson said the Commission has considered the whole area and then back to the request of Mr, Brittain. The Planning Commission bounced back and forth on these rezoning requests. The Commission feels that the red line for multiple family development is sound. They would not recommend expanding the line. The Planning Commission has arrived at an impasse because of the size of the zoning. Charles Hardy, residing in the area south of Little Chico Creek, stated that everyone in the area approves of the red line. Set out his recommendations in this matter. He said he would hate to see all of the area opened to division of properties. This is mostly prime agricultural land. -The interim coning for the area runs out May 24th. Mr. Hardy felt the people in the area should have a chance to plan for the zoning. .yir. Blackstock said that if the Board is going to extend the interim zoning, then the Board should advertise a hearing time. West Chico area rezoning discussed, John Stutz, Morehead Ave „ Chico, set out his feelings regarding the rezoning. Mr. Lawson said the rezoning was not acceptable to a lot of the people in the area. Supervisor Reynolds asked Mr. Lawson if he could secure an aerial map of the area. Mr, Lawson said a map could be obtained. The hearing on the Brittain rezoning is scheduled for next week. Page 489. April 11, 1972 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Agri1=11,=1472 = _ _ _ _ _ _ _ _ _ _ _ _ _ _ Mr. Robinson suggested that maybe an interim zoning ordinance could be adopted for the Dayton Road area, He did not know that it caas necessary to file Eor an interim zoning, It was stated that this could be included in the next interim zoning ordinance. Mr. Lawson suggested that this area be covered by a separate interim ordinance. Mr. Lawson will prepare an ordinance to cover the whole area on an interim ordinance basis. He will prepare an A-3 interim ordinance for the Dayton Road area. This will be pfesexited fe=, Board action next week. 72-644 REPORT ON PLANNING COMMISSION'S ACTION RE RANCHO ESTATES SUBDIVISION, gENTATTVE MAP: SET FOR HEARING ON APRIL 25 1972 Tim Lawson, Planning Director, reported on Planning Commission's action regarding Rancho Estates Subdivision, tentative map-66 lots, east side of Chico Dayton Highway, southwest of Chico city limits, identified as AP 39-09-51, Chica. Planning Commission recommended denial of the map. Hearing was set for April 25, 1972 at 1:30 on this matter, as an unadvertised hearing. 72-645_APPROVE REQUEST FOR_EXCEPTTON TO SUBDIVISION ORDINANCE: THOMAS R. CHASE Mr.~Lawson reported on the Thomas R. Chase request for exception to~ the Subdivision Ordinance to allow access width of lesser amount in connection with a tentative parcel map for AP 50-051-29, 2 lots, located on the north side of Warren Road, 145 ft, east of Moore Road, Paradise. This had been continued from the Board meeting of April 4. Planning Commission recommends denial of this request. Supervisor McKillop reviewed the area and he is satisfied that because there was no development to the bady he feels that 25' would be adequate. Matter discussed. Board members -felt that there would be no problems in this matter. On motion of SupervisorMaxon, seconded by Supervisor McKillop and carried, the request for exception to the Subdivision Ordinance by Thomas R. Chase to allow access width of lesser amount (25') in connection with a tentative parcel map for AP 50-051-29, 2 lots, located on the north side of Warren Road, 145 ft. east of Moore Road, Paradise, was approved, to include the 25' easement. 72-b46 APPROVE TENTATIVE LAND DIVISION MAPS On motion of Supervisor Reynolds, seconded by Supervisor Maxon and carried, the Board took the following action: 1. Approved the Grace L. Ross tentative land division, AP 34-17-84, 2 lots, west side of Arbol Avenue, approximately 410 ft. south of Buehler Avenue, north of Olive Highway, Oroville, with recommended conditions. 2. Approved tentative parceh map, George A. Thompson, AP 45-021-02, 3 lots, west side of Oleander Avenue, south side of 10th Avenue, north side of 9th Avenue and east of the Esplanade, Chico. 3. Approved tentative parcel map for Christina Schoffner, AP 53-15-65, 2 lots, north side of Happy Wood Lane, approximately 130 feet west of Sawmill Road and approximately 472 feet south of Bille Road, Paradise, with the recommended conditions. 4. Approved the tentative parcel map for Albert Natiocchioni, AP 50-35-U9 2 lots,.south side of Jones Lane, approximately 344 feet west of Clark Road, Paradise. 72-647 REPORT:_REQUEST FROM ROBERT KING FOR INTERIM ZONING Mr. Lawson reported on the request of Robert King for interim zoning. Page 490. April 11, 1972 _ _ _ _ _ April 11= 1972_ He said this was considered some time ago, He has amended his request to exclude the lots that were requested to be excluded. Mr. King will condine his request of the area to single family lots. He is asking for A-R zoning. Mr. King is opposed to mobile home. parks. The Board .instructed Mr. Lawson to inform Mr, King that he should initiate the zoning. Mr. Lawson said he would so inform Mr. King.. 72-648 ADOPT RESOLUTION 72-7~ AMENDING THE DESIGNATED FACILITIES AND PERSONNEL PURSUANT TO LANTERMAN-PETRIS-SHORT ACT ' On motion of Supervisor McKillop, seconded by Supervisor Reynolds and. carried, Resolution 72-70: amending the designated facilities and personnel pursuant to Lanterman-Petris-Short Act was adopted and the Chairman was authorized to sign. EYES: Supervisors McKillop, Reynolds and Chairman Madigan NOES: Supervisor Maxon ABSENT: Supervisor Gilman 72-648 APPROVE CONTRACT FOR STABILIZATION FACILITY: MENTAL HEALTH Dr. Maguire, Mental Health Director, reported on the proposal for stabilization facility. He is proposing centralization of the beds and facilities for the patients. being held for observation. This contract would provide a 15 bed facility; the costs would be Iess that if they had remained with the Community Services ,Division. In the past they had some 12 to 15 people in family care homes. Contract discussed. Dr, Maguir e recommended approval of the contract. There will be no increase in costs at this time; they are well within the provisions of the budget. On motion of Supervisor Maxon, seconded by Supervisor McKillop and carried, the contract for stabilization facility for Mental Health was approved, between the Mental Health Services Department and Edith A, Lausten, for property located at 2573 Esplanade, Chico, was approved and the Chairman was authorized to sign, subject to the budgetary approval of the Auditor and County Counsel. RECESS: 5:45 The Board recessed at 5:45 for an Executive Session RECONVENED: The Board reconvened at 5:55 following an executive session. 72-649 ADOPT ORDINANCE N0. 1258 and RESOLUTION 72 71•, AMENDMENT TO SALES TAX ORDINANCE & AMENDMENT TO AGREEMENT WITH STATE .BOARD OF EQUALIZATION RE SATES TAX_ On motion of Supervisor McKillop, seconded bySupervisor Maxon and carried, Ordinance No. 1258 and Resolution 72 }1 were adopted for amendment to Sales Tax Ordinance and amendment to Agreement with the State Board of Equalization fox sales tax and the Chairman was authorized to sign. 72-650 ADOPT ORDINANCE N0, i259 At1ENDMENT TO SALARY ORDTNANC_E On motion of Supervisor Maxon, seconded by Supervisor McKillop and carried, Ordinance No. 1259 amending the salary ordinance was adopted and the Chairman was authorized to sign. 72-651 APPROVE EXEMPTIONS FROM HIRING FREEZE On motion of Supervisor Reynolds, seconded by SupervisorMcKillop and carried, the following exemptions from the hiring freeze were authorized: 1. Planning a. One Stenographic Clerk II, regular help b. One Typist Clerk II, extra help 2. Superintendent of Schools a. One Bookkeeping Machine Operator 3. Hospital a. One laboratory Technician b. One Medical Records Technician c. One LVN d. One Orderly e. One Cook Helper Page 491. April 11, 1972 -April 113 1972 72-b52 AGREEMENT FOR POLICING SILVER DOLLAR FAIRGROUNDS BY SHERIFF: TAKEN OFF The Agreement for policing Silver Dollar Fairgrounds by Sheriff was taken off the agenda at this time. 72-653 APPOINTMENT TO GRAND_JURX AUDIT COMf~TTEE On motion of Supervisor Reynolds, seconded by Supervisor Madigan and carried, Supervisor Gilman and Supervisor McKillop were designated as the 197~,Board representatives on the Grand Jury Audit Committee. 72-654 TRAVEL REQUESTS APP ROVED On motion of Supervisor Reynolds, seconded by Supervisor McKillop and carried, the following travel requests were approved: 1. Jim Johansen and Winston Barlow, Auditors Office, to travel to San Francisco April 12 through 14 to effect disposition of remaining New Fra Enterprises, Inc, inventory. Number of nights lodging one, possibly two. Cost of trip $203. Travel by private car. 2. Eldon Tipp and Joe Carlile, Agricultural Commissioners Office, to attend a Uo S. Department of Agricultuxe surveillance egg school in San Francisco May 15 through 16, 1972. One nights lodging. There will be no county expense as expenses will be paid by the U.S,D.A. Travel by county car. 72-655 BUDGET TRANSFERS APPROVED On motion of Supervisor McKillop, seconded by Supervisor Reynolds and carried, the following budget transfers were approved: 8-77 Public Works - General Services. $75.00 fxom infra services received to office expense B-78 Chico Mar^hal. $107 from overtime to clothing and personal supplies B-79 Agriculture. $500 from professional and special services to office expense B-80 Hospital. $30,000 from regular salaries and wages to extra help B-81 Juvenile Hall. $700 from salaries and wages regular to overtime, and $150 from the reserve to professional and specialized services B-82 County Buildings. $5,100 from salaries and wages regular, with $4,250 going to extra help, $150 to communications and $700 to transportation and txave B-83 Superintendent of Schools. $43 from office expense to fixed assets B-84 Sheriff. $10 from medical, dental and lab supplies to memberships 72-656 TAX RATE STATEMENT IN CONNECTION WITH BOND ISSUE SUBMITTED FOR JUNE ELECTION FOR HOSPITAL CONSTRUCTION OR IMPROVEMENT u Dan Blackstock, County Counsel, submitted the Auditors tax rate statement in connection with the $3,000,000 bond issue to be submitted at Bond Election on June 6, 1972 in the County of Butte for hospital construction or improvement. Statement read and discussed. The minutes to reflect that there was no objection to the tax rate statement by the Board members. 72-657 APPROVE GRAND JURX REPORT COMMENTS Supervisor Maxon requested that the change be approved on Page 23 of the report. The Administrative Officer will convey this change to the Grand Jury. Supervisor Reynolds stated That the comments on Page 2 are good ones. The comment concerning the setting up of the property inventory on data processing is a good one. He feels the County needs a property inventory on data processing. He feels that each piece of equipment purchased should have a metal tag attached to it. FIe hoped the Board would concur with this recommendation of the Grand Jury. Mr. Bosworth stated that to do the inventory job properly would take approximately $25,000 to get it started. The main problem would be that once the program is started it should be kept up to date, Unless the program is followed Page 492, April 11, 1972 April lI, I972 up continuously, the program would go down the drain. If a tag were attached and a number given to the item of equipment, it would show the location of the item and when it is repaired, The auditor is looking into this matter, as well as the Administrative Officer. The Auditor must have costs and value o£ county items. He explained how this matter would be handled, The Administrative Officer will bring this matter back for consideration by the Board. The Board feels that the Sheriff and District Attorney positions must remain as elected officials.- Supervisor Maxon said he disagreed with the statement of the Grand Jury, On motion of Supervisor McKillop, seconded by Supervisor Reynolds and carried, the Administrative Officer was directed to take the comasnts to the Grand Jury report to the Superior Court, with the addition of the comments made by this Board. AYES: Supervisors Madigan, McKillop and Reynolds NOES: Supervisor Maxon ABSENT: Chairman Gilman 72•-658 DISCUSSION: RECOMMENDATIONS OF THE AIR RESOURCES BOARD Supervisor Reynolds stated he had gone through the communication from the Air Resources Board, He asked if Don Black would attend the meeting to discuss the recommendations. Recom•„endations discussed; it was felt that there were not any changes from that the County has at present. Mr, Black was be requested to attend the Air Resourses Board meeting if he has any comments to t'ae recommendations. 72•-659 MAT'"ERS PRESENTED FOR BOARD INFORMATION Supervisor Reynolds said he had requested last week a report on PEP participants. There are 34 workers from Paradise. No action needed. Supervisor Maxon said the only-thing he would like to say is that he hopes that next year the comments on the Grand Jury report will be initiated by the Board. Matter discussed; no action taken. AAJOURNMENT: There being nothing further before the Board, the meeting was adjourned at 6:30 p,m. to reconvene on Tuesday, April 18, 1972 at 9:00 a,m, ATTEST: CLARK A, NELSON, COUNTY CLERK BY:_ w Board of Su rvisors Clerk Page 493. April 11, 1972