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HomeMy WebLinkAboutM042473April 24, 1973 STATE OF CALIFORNIA ) SS, COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a,m, pursuant to adjournment, Present: Supervisors Cameron, Gilman, Ladd, Madigan and Chairman McKillop, Clif Mickelson, Administrative Officer, Daniel Blackstock, County Counsel and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. INVOCATION: Clif Mickelson, Administrative Officer Pledge of allegiance to the Flag of the United States of America 73_640 APP ROVAL OF MINUTES On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the minutes of April 10th & 18th, 1973 were approved as mailed with the addition on Page 161, Item 73-600, 4th paragraph, to state that the Saucier purchase was also referred to the Grand Jury, 73- COMMUNICATIONS John W. Hamby, Paradise, An appeal is filed ze denial of tentative parcel // a.~ ~ map application for Maxjoxie Young - AP 55-13-102, To be discussed later in the meeting. Paul J. Theda, Santa Barbara. Mr, Theda wzites regarding a late payment on ~ O ~,(~ ~, the Paradise Pines assessment bonds and nonpayment of penalty thereon. Referred to County Counsel for answer. Mr, and Mrs, Noah Jennings, Chico. Consideration foz placement of trailer homes /~f ~, 0 Z on residential properties for elderly zelatives is zequested, Place in file, Mrs, Peggy Alcorn, Chico. Mrs, Alcorn requests approval for placement of a j~ 7y~ p 'Z„ mobile home on a residential lot for care of elderly relatives, Place in file, Joe Carlile, deputy agricultural commissioner, Mr, Carlile submits his ~ d 3, g~ resignation as employee's representative on the Personnel Appeals Commission, effective April 16, 1973. See motion following the communi.ea Lions . C. L, Schivein, Oroville, Mr. Schwein ~~rrites regarding his appeal for denial ~~ 3.~ ~ of applicatinn for variance permit at Lincoln and A Streets, Oroville, See public hearings at 1:30 p,m, Mrs, Margaret Anthony, Paradise, Mrs, Anthony urges support of R-1 zoning ~~ ~~~ Q for the intersection of Pent z, Road with Stearns Road. Information only. Margery Anthony, Paradise, R-1 zoning for the area at the intersection of Pentz- / / gip Q Magalia Highway and Stearns Road is requested, Information only. Warren C, Alton, Paradise. Mr, Alton requests permission to place mobile home // ~:4 ~ on property at 6827 Sunset Way, Paradise, Discussed, Referred to Commission. for recommendation. Mr, and-Mrs, Fridenburg, Mr,,and Mrs. Busch, Mr. and Mrs, Su1li.van and Mr, and Mr_s, Dean, Chico, Writers express wish to be recognized at 11 a.m. to /~ a.d v siiLmit request for interim zoning of the northeast section of the Chico ama. To be discussed later in the meeting, Lynn H. Wixom, Oroville, Mr, Wixom urges denial of the application for extension and expansion of the nonconforming use permit requested by Atha's Bait ~/ 3,~ D and Tackle Shop on Olive Highway, To be discussed at the time of the public hearing. Page x.76 April 24, 1973 _-_- _--~ _--- Apri124,=173 -------__ __ __ Mr, and Mrs. Edward Clark. The Clark's urge denial of the use permit for l/~ ~~ Atha's Bait Shop on Olive Highway. To be discussed at the time of the public hearing at 1:30 p.m. Durham Woman's Club, Mrs, Abshier, president, writes that the Woman's Club has voted to urge the Board to consider re-establishment of the Durham District Justice Court, To be placed in file, Associated Students, California State University, Chico. Resignation of Mr. Ken Smith as representative to the Board of Supervisors is forwarded 0 S,o ~ to you. Administrative Officer will write a letter thanking them for their partir_ipation, No action needed by the Board, Seymour S, Goldberg, Encino. Copy of petition for assessment reduction for V (~ Craig Hall, Third Street, Chico is filed by the attorneys. Referred I ~ '~ to County Counsel. Reginald M, Watt, Chico. Mr. Watt files report of the Public Defender Committee ! ~-~.~ o of the Butte County Bar. To be discussed at budget time. No action taken at this time, Public Defenders to be requested to respond to this report, Televents of California, Inc. The Company requests extension of time be granted under Resolution No, 72-184 for securing licenses, permits and authorizations 0 Q ,~ 3 within six months, They have filed for certificate of compliance with the FCC within the time period required, but FCC has been slow in granting the certificate. Discussed, See motion follocring communications. Dow, Lohnes and Albertson, Washington, D,C, The Attorneys, acting for Televents t' of Paradise, Inc „ encloses application for certificate of compliance ~ 0. T 3 as required by FCC regulations and requests that this be maintained for public inspection. Same as above, California Heritage Preservation Commission, The Commission forwards resolution of March 3, 1973 requesting city and county governments to give notice a O O5~ to the California State Archives of all intentions to dispose of city or f ~ county records dated prior to 1910, until a satisfactory statewide plan for record preservation has been adopted. Discussed, Many of old County documents now under the auspices of Chico State, Adm, Officer to answer. City of Oroville. The City forwards copy of its letter to Mr, Castleber..ry giving authority to Public Works Director to process and sign parcel maps ~ ~~~ ~ on behalf of the City of Oroville, The City expresses appreciation for this cooperation. Information only, City of Anderson. Forwards Resolution 73-14 urging CSAC and League of California Cities to seek action to alleviate problem of litter and waste disposal ~ D~O~ created by nonreturnable containers, Discussed, Copies of the resolution to the Board members. County of Yuba, The County writes regarding Senate Bill 550 and urges adoption by Butte County of a resolution supporting the measure crhich modifies / O ~~ 07- Z the marketing law to authorize issue certificates to limit number of acres from which canning cling peaches may be marketed, Discussed. Assemblyman Johnson to be urged to support bill. No action taken, County of Yuba. The County forwards copy of its Resolution Nn, 1973-57 requesting an extension of the time set forth in Ser_tion 65860 of the 0 ~, yZ Government Code requiring county zoning to be brought into conformity with the general plan by June 30, 1973. Discussed; action to be taken at a later date. County Counsel to write letter of support of extension. County of Los Angeles,, The County forwards recommendations supporting state f O py Z y legislation to implement federal takeover of Adult Aid Programs -HR 1. Action to be taken at a later date, Page 177, April 24, 1973 April 24, 1973 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - State Department of Navigation and Ocean Development. The Department forwards / O ~ ~ ,+' an approved copy of Che Time Saddle-termination of $1b0,000 grant agreement. Discussed, No action necessary, California Regional Water Quality Control Board - Central Valley Region. The Board forwards its Resolution No, 73-188 permitting provisions of O O. 1^ Z,Section 1326b of the California Water Code, The resolution requires ~ cities and counties to notify their regional board of the filing of the development proposals which involve a major waste discharge, Referred to George Stamm and Dr. Heindl. State Department of Parks and Recreation, Mr, Mott, director, sends copy of letter to Teonard G. Ellis, president of Paradise Veterans Council, assuring / G ~~ 7 ~ them that there is no plan to change the designation recognized by the County of Butte and the Paradise Veterans Council of the Time Saddle Veterans Memorial Park. Information only. Department of California Highway Patrol. The Department writes regarding the Abandoned Vehicle Abatement (AVA) Program and the availability of ~ ~• O d approximately $15 million for financing of local efforts in this program. Discussed, Clay Castleberry, Director of Public Works, is working on this matter. No action needed at this time. State Department of Water Resources, The Department forwards copies of amendments `T / ~• ~ O to watex supply contracts between the State and other contracting agencies as required by Article 36 of our contract. Referred to George Stamm for his comments, State Division of Highways, The Division forwards a negative declaration indicating that the proposed initial two-lane ultimate four-lane highway D DAD ~ on Route 149 in Butte County between Route 70 north of Oroville and Route 99 south of Chico will have no significant adverse affect on the quality of the environment, Information only. California Department of Agriculture, Department. sends notice that a check for ~ ~ $28,995,01 has been forwarded to augment funds for support of the ,~ 0 ~~ CounY.y Agricultural Commissioner in pesticide regulatory activities. Information only, Office of the Governor. Edwin Meese, III, executive assistant to the governor, forwards copy of letter to Mr. Thomas H. Mercer, regional director of ~Q! d 0 OEO, approving the phaseout grant for Community Action Agencies, and authorizing funding. Information only, Department of the Army. The Department refers to Butte County's letter of ~ March 15, 1973 and the meeting on March 26, 1973 re bank protection at ({.( Z•~ site mile 194,0 of the Sacramento River and enclosed copy of their reply to the Reclamation Board in this matter. Discussed, This confirms that that the C~rpsP~~~ren~endt~h~,a~z~~~saPoo~hchmecLV~~";eM~c~ ~eldleberry to crritc n U l Federal 0'.±-a.oe of conem=_c pportunity. ~'he DLO sends ~~nc rmation regarding the ~p f-~%~ O Rr0 audit exceptions, To be discussed later in the meeti.ng,, Clayton M. Chittim, Protests the proposed restxictions on splitting land ' 3 , O ~ parr_e1s in rural areas, He feels that twenty acres minimum is too large / i-or the landowners who have property for which there is no other use than residential development. Discussed; no action tal:cn, Gordon W, Porter. Comn7.aint.concerning filing of veteran'; property tax exemption, /Jl.t~ C~ Read and discussed. No action taken. Paradise Recreation District, Request consideration in discussions and plans O'~., Z s . relative to revenue sharing, Discussed; place in file concerning this matter. Mrs. Robert (G;tni) Hart, Resignation as member of the charter committee, / d d. ~ Z Action taken previously on this matter. Senator John Tunney, Acknowledging letters from the County concerning the ~ d d, ~ ~ Page 178. April. 24, 1973 April 24, 1973 Federal-Aid to Highways Act and the Cottonwood Creek Praject. Discussed; no ection taken. George Basye. Meeting on Monday, April 30, 1973 at 3:00 p,m. in Clay ~ a Castleberry's office concerning the possible construction of a low ~~ ~"' levee on the East side of the Sacramento River from the end of the project levee to Chico Landing, Copy to be given to Supervisor Ladd, ,~~~an Day, Request to place a mobile home on back of his mother's lot at 1221 Mart#n St„ Chico. Referred to Planning Director, 'r~ZLetters, In opposition to placing of mobile homes on property for elderly relatives. 73-642 DISCUSSION: LETTER FROM FEATHER RIVER LUMBER COMPANY: 5000 ACRES OF SOUTHERN PACIFIC 7~t1ND IN THE OROVILLE LA1ZE AREA A letter from the Feather River Lumber Company concerning approximately 5000 acres of Southern Par_ific land in the Oroville Lake area, Southern Pacific wishes to dispose of the land in one of t-~•ro ways: (i) Sell it off in a single block; or (2) Market it in 40 to 1b0 acre parcels. Letter read and discussed. Supervisor Ladd stated that a representative from the Bureau of Land Management will be before the Board to discuss this matter. Area discussed, A copy of the letter will bn sent to the Planning Commission for the;_r consideration. No action taken at this time, 73-643 A_CC_EPT RT'SIGNAT_ION AS_EMI'LOYEE'S REPRESED?T11T.IVE_ON_TH_E_A_ERS_ONNEL APPEALS COM. On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the resignation of .Toe C~rlile, deputy agrir_ultural comm;_ssioner, as the employee's representative _^.n the Personnel Appeals Cemmis;~i_on, effor_tive April 16, 1973, was accepted and the Administrative Cff:ir.er rli.ll trr?_te a letter of appreciation to ASr, Car.lile, thanking him for his services, Mr, Ray Cudney, manager of the Butte County Employee's Association, was present and suggested the name of Dean Cofer, business representative of the International Brotherhood of la.ectricnl_ T~lorl:ers Union, Appointment discussed; put over_ to Tuesday, May 1, 1973 Boarcl muting, 73-64~i AUTHOP,TZE FYTEDTSIQiV QF_TIMF I'OR TELEVEDI'TS_OF P~RADISE~TIv~._ Qn Ortabr:r l_0, 1972, the Board ac':cpted Pesn7.utic;t 72--184 which required Televents of Paradise to obtain all_ necessary licenses, permits and f 0~•`~`~ authoriza%ion.s t~ithin sa.x months from the date of_ thr, r_esol.ution un.l.rss axtended upon aclequaE_e jtastif9_cation, Televents has r+b'-n?_nrrl , ",7. _3o,^.^esary li cen~es and authorizet?_ons and has filed for a certif?.r.,~te of_ cnm:,7.i_ance toith th? FCC on March 28, 7.973, They antic9.pate no proh?.ems, but because the Corsi, sion has begin slot•~ im grant:inp, certt_f?_r.ates because o` the new rules and shortage of staff, they request that the time unclrr our reeo'Iutinn be extended for 30 days, Request discussed, On motion of Surervi_sor Gilman, seconded by Supervisor. Lacld and unanimously carried, Televents of Parnclise, Tnc, tae re authorized an e:ctension of time under Resolution 72,-184 for a period of 30 days. 73-66 -645 APPROVE RIGHT OF 1dAY ACOUISITT.ONS: ADOPT PJaSOLUTION/ATJT117RT7.T1?G ACQUISITION OF REAL PRO??ERTY: CONCTTR T~IITH CITY OF OP~OVIT,LE ON MITI'-`ELL AVFLriJF.? T'PO~~IC°": AUTHO1tIZED CITY OF CHTCO TO DO INSPECTION 1dORP.: ACCEPTED ROAD ADTD Dl~.!1rD?AGT? T~?OP'., E.HERWOOD FOREST S1TP.,DIVISION N0, 3 and ~ dopted RESOLUTION''.'-b7 CONCEIT?~.NG CHANG>aS IN ~ MAINTAINED TTTLEAGE - ~ On mor_ion of Supervisor Gilman, seconded by Supervisor P?;~digan end unanimously carMied, the following action was taken: 1, Approved the following a reements for sale for right of way acquisition, 1'~ge 179, April 24, 1973 ----- ------ --====Apr_i1=24,=1973 ===== _____ ___ authorized th^ Direct or of Public idorks to sign the agreements and authorized the Auditor to issue warrants upon demand of Cou nty's escrow agent: Proj~cY Name Acres 1'r ice Total East Ave. 57192-70-1 M. E. Westfield 0.048 Exchange $0 " " F. Kiley 0.024 " $0 " " Ray Narbaits 0.024 " $0 " Q. E. Dorvall 0.015 " $247 " " W. K. Alberson O.O1S " $0 " " G. R. Gonsalves 0.015 " $876 " " E. D. Hegwer 0.015 " $676 " n. L'. Edwards 0.015 " $0 " " Velma Nunes 0.017 " $551 " G. Gates 0.067 " $30 " " Irma fI. Morgan 0.012 " $788 " " J. D. Beck 0.016 " $3.,949 " T. R. Sisney 0.018 " $475 " " Cali€. Water Service Co. 0.011 " $0 " " R. E. Brown 0.015 $412 " D. J. Estrada 0.017 " $0 I. L. Shinn 0.016 " $0 " " J. V. Pullins 0.017 " $0 " " A. R. Mullins 0.016 " $30 " " L. R. Kidd 0.033 " $150 " Church of the Nazarene 0.050 " $60 " " W. D. Cantwell 0.033 " $180 East Ave, 57192-70-1 D. L. Cantwell 0.035 Exchange $90~ " " G. C. Beer O.OS6 " $0 " " K. C. Scott 0.018 " $0 " E. T. Engel 0.048 " $0 " " R. M. Young 0.023 " $100 Yage 180. ` `~ "'~' April 24, 1973 April 24, 1973 East Avenue 57192-70-1 Name Acres Price Total ~~ n n n ~~ ~~ ,~ it ~~ ~~ n n n ~~ n ~~ ,~ ~~ ~~ ~~ ~~ ~~ n ~~ ~~ n ~~ ~, ~~ ~r ~~ ~~ ~~ ~~ ~~ ~r ~~ ~~ n n ~~ ~~ ~~ n ~~ n ~~ ~~ C. M. Carroll M. L. 01son W. R. Barstow A. Hook C. J. Howard J. C. Mamieh J. A. Burner L, C. Stone T. R. Steidley A. Klaver E. A. Morgada R, C. Frey R. C. Frey R. E. Usherwood K. E. Johnson Ld. K. Henry, Jr. E. S. Stephens H. S. Yap J. R. Clark C. F. Raudebaugh K. C. Brownell, Sr. D. E. Dawson Calif. Water Service Co. H. A. Lambert K. J. Montrond S. G. Buckland R. A. Laman 0.015 Exchange $0 0.016 " $230 0.054 " $210 0.024 " $60 0.033 " $150 0.016 " $181 0.016 " $30 0.018 '° $359 0.012 " $0 0.009 " $0 0.03.2 " $0 0.023 " $90 0.053 " $273 0.025 " $0 0.016 " $0 a.OZZ " $o 0.060 $0 0.053 " $0 0.053 " $0 0.045 " $0 0.045 Exchange $0 6,019 " $0 0.019 " $0 0.058 " $G~' 0.026 " $7a 0.069 " $380 0.018 " $0 Page 181. April 24, 1973 April 24, 1973 ~, Adopted Resolution 73-6~ authorizing acquisition of real property by eminent domain necessary for construction of a county road known as East Avenue in County of Butte - Malvis F, Isaacs and Marie J. Isaacs (East Avenue- Ceres Avenue to Ceanothus Avenue) and the Chairman was authorized to sign, 3, Concurred with the City of Oroville on the adopted route for Mitchell Avenue between Washington and Bridge. 4, Authorized the City of Chico to do building inspection work and collect fees for AP No. 45-33-76 and AP No, 43-142-14 & 15, for property in the process of being annexed to the City of Chico, 5, Accepted the road and drainage work for Sherwood Forest Subdivision No. 3, subject to the maintenance bond which is posted, v''~ 6, Adopted Resolution 73-67 concerning changes in maintained mileage within Butte County was adopt ed and the Chairman was authorized to sign, 73-646 APPROVE PLANS & SPECS, LINCOLN BOULEVARD BRIDGE: ADOPTED RESOLUTION 73-6~ APPROVING RIGHT OF WAY CERTIFICATION N0, 2, MANZANITA AVENUE BRIDGE AND AUTHORIZED P17RCHASE _OF TTdO DISTANCE MEASURING DEVICES ~~ ~ On motion of Supervisor Gilman,Tseconded by Supervisor Madigan and unanimously carried, the following action was taken: 1, Approved the plans and specifications for the Lincoln Boulevard Bridge @ G]yman Ravine Project No, 18492-72-1; authorized the Chairman and Director of Public Works to sign the plans; adopted the wage scale; and approved the bid opening at 11:00 a,m,, Public Works Office, May 17, 1973, 20 Adopted Resolution 73-6~ approving the right of way certification V No. 2, Manzanita Avenue Bridge @ Big Chico Creek, TOPICS Project No. EPS-T-3014(3) and authorizer) the Chairman to sign, 3, Approved the purchase of two 5-watt hand radios and one small electronic hand calculator from E & A fixed assets account, 73-b47 GR_ANT_EXCEPTION TO UNIFORM BUILDING CODE FOR LOUISIANA PACIFIC HARDBOARD Clay Castleberry, D9_rector of Public Worlcs, set out the matter of occupancy of the Louisiana Pacific Hardboard building, Public 1+lorks feels that the building is classified as E3 occupancy but is anticipating word from the comvany's insurance carrier indicating its approval of a change in classification in or_cunancy, which would a11_ow a conventional metal building wall and no separation walls as required for E3, Mr, Castleberry said he would like to make an exception to the building code for this building, P1r_. Castleberry explained the amendment that he would propose, The amendment provides alternate means for fire protertion. Mr, Castleberry said the County has now received approval from the insurance carrier for the Company for this type variance. Request discussed. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the Board granted the variance to the uniform building code for the Louisiana Pacific Hardboard building, subiect to Mr, Castleberry working out with County Counsel the variance to the building code, 73-648 DISCUSSION: INFORMATION PUBLIC WORKS ITEMS Mr, Castleberry reported on the workloads for environmental impact review and expansion of house numbering system, He said he would like to get Jim Glander out of the impact of this matter, Situ<~ttion discussed, Tt was suggested that the County might be able to gs~P an intern through Chico Page 182, April 24, 1973 - <, 4~~ v~`' i k s, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Apri 1_24,_1973 University. Mr, Castleberry will work through Mx, Mickelson on this matter, Referred to Administrative Officer for consideration. Paving of parking area - Palermo Fire Station. Mr, Castleberry reported that Public Works has done a minor parking project at the Palermo Fire Station. Information only. 73-649 PUBLIC WORKS AUTHORIZED TO NEGOTIATE WITS? LOCAL ARCHITECT, ETC, FOR PLAN CHECI.ZING WORK Mr,^Castleberry stated that since Public Works has been unable to hire a satisfactory plan checker, they would like to request authorization to negotiate with a local architect, engineer, or building designer to contract some of their plan checking taork until such time as a plan checker has'been obtained by the County. Mr, Castleberry stated that at the present time there is a three weeks delay in these checking of plans, They have a man that will do the work for $l0 per hour and another gentleman said he would do the work for $25 per hour. Discussed the request. On motion of Supervisor Madigan, seconded by Supervisor Gilman and unanimously carried, Public Works tras authorized to negotiate with a local architect, on a contractural basis, far a temporary period of time, for plan checking for the county, at a rate not to exceed $10 per hour, 73- 650 ACCEPT I,OGI B1D~_ORD FERRY ROAD AND PENT7.~MAGALIA EII•lY~ P1°, Cast:~.eberry rc~pnrted to the Board an the results of the bid openings for the Or_d Ferry Road, FAS Project 1523(4) and Pentz-Magalia Hwy „ Project No. 45471-68-1. Butte Creek Rock was the lorr bidder on both projects, D~ b ~ On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the low bid of Butte Creek Rock was accepted for the t~ ~;~ following projects: Ord Ferry Road, FAS Project 1523(4) in the amount of $253,947,50 Pentz-Magalia Hwy., Project No, 45471-68-1 in the amount of $174,105.00 Transfer of $25,000 from Bald Rock Road Project to the Pentz-Magalia Highway Project tans authorized, and the Chairman was authorized to sign the contracts, 73-651 PUBLIC WORKS ITENLS DISCUSSED ~~~ I~1r, Castleberry reported on the Biggs-Gridley airstrip. The airstrip will continue as a private air strip for the owners own use. No action necessary. Mr, Castleberry reported on the change in meeting to be held re Division o£ Highways Project on SR 99 @ Pentz Road and L°~:rham Highway which had been scheduled for June 13th, Tt is now scheduled for June 12th at the same time, 73-652 LEAVES OF ABSENCE APPROVED -~ On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, the following non-compensated medical leaves of absences were approved: a, Hospital - five month leave for Gordon Reavis, orderly, ending August 21, 1973, Six month leave of absence for Emily Calloway ending September 23, 1973. b. Welfare - six week leave for Linda Waddell through May 18, 1973. 73-653 ADOPT ORDINANCE, AMENDING SALARY ORDINANCE: DECLARED SURPLUS PP.OPERTY, AWARD BID FOR REMODELING OF COUNTY COUNSEL'S OFFICE: AUTHOPIZED VEHICLE PURCHASE x'OR HEALTH DIsPAPTrD:DTT AND At3TH0ItTZEl7 PURGT~AS1~ OF TYPE[dRT.TER FOR PLANK?IATG On motion of Supervisor G•?Iman, s-econded byby Supervisor Came io3 24nd 1973 Page 183 Pr ' -=-=-=--=--=====Apri124= 1973=======____ _ _- unanimously carried, purchase of a typewriter at an estimated cost of $510 for the Planning Department was authorized, Ordinance 1343 amending the salary ordinance to create an additional typist clerk II position in Planning Department to work on environmental impact reports was adopted and the Chairman was authorized to sign, On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following seven vehicles were declared surplus and the Purchasing Agent was authorized to dispose of same: county numbers 295, 322, 323, 324, 325, 326 and 329 On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the low bid of Fred Unfried in the amount of $7,711, with D 49 day completion time, teas accepted, for the remodeling of County Counsel's ~~" '3 Offices, subject to Supervisor T,add's perusal of the plans and approval. On motion. of. Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, purchase of a vehicle through State contract for Health Department was authorized and a transfer of $2,610 from the reserve to equiE:ment <.^.count in the Health Department budget was authorized, 73-~54 1;OTII_?'T?rPtT I?T~?;t"ITASES,~PFRSONnTEL~HFT:~ nnrR ONR iTRE[Z Pu_chn.^,e of ac7uipment for Personnel held over one week. 73-655 r,IC,~,NSr A~P~ ~cnTloNS AnnnovED _ -_- _ _ _,. r...._. __. , _ __ ._,_..~_y__ _.~~_ Or. m~ti_~~. of Supervisor. Ladd, seconded by Su~erv~.sor Gilmar. and unnnzmous+y c~,;"'?.cad, the fo?.ler~ing license al+nliceti.ons e?ere approved: ?.. Chien Community Al?.i.ar_ee, for a dance to be held at the Chico Pair Grnu;~.ds, Anr..1 ~~, 1973, 2, Accunulr_o Softball Club, fora dance to be held at Chico Fair Grounds en Anri1 15, 1973 (confirmation of license issued by Treasurer). Fees have been paid and apnlirat_ion approved by Sheriff Gil?_ick. 3. Auctioneax's license for Lauis F, Putman, for auctions to be held at Goodspeed~',7:!r;':; Road. App?.;_cation approved by Sheriff and bond approved by Goun`y Counsr.l. Bond approved to be filed ~•~i_th the County Clerk, 73-65Fi~J,L'ASP F:TtTPPfiS?'O~T AGREEMENT: DISCUSS~D,_T`?n ~CT70N {~T TEiIS T~NfE i'__m ,er.t r".iWcussin~, ~^.n agree .. .. '~o ar.terd the 7.ease r,•~ith E & A P.ar..ch Cc-r-~+~ny !:nr Dave?.o,ment Ccmmissin:a's 0`fice at 175 Cchasset Road from Play 1, 1.97' te, Anr9.?. 30, ?.975 at a month?.y rental of $130. Suggested that maybe the zer..ta7_ of this office be on a month to month basis because of the prr.~nnt space nrob?.ems. Mr.. Mir_lce?.son tai?.1 determine i f L•his c n be on a z^or..'_h to month b-asi_s. Platter n1_acecl rack on the agenda for 5:uesday, P4ay 1, 1973. 73-657 DEPARTMENT Or [•iATT'R P.ESOURCES PRESEB?TATTON OF TTiE RESULTS OF STUDY RECENTLY CC2;~?LFTED OTi '_T`T-IF PARLIDIGE I.PIZiCATION D7$TP,TCT [dA9'ER SXST,L?+1: PARADISE IP.RIGATION D3'S^•.'I~!_ TC FO?T,OT•T Ul?_ON TtI.E MnN7TOP._:L~iG Or 7?:Il_[~TATER ~Hiln ~~ ~ Dr. Fr,•rd?., Health Director, stated that ~ttct+.t n year and a half aga the Board had approved the study of water en the Par<~dise r~a~ r shed. The ?J, 'yam ~~~ study Boas d.eve7_oped betz~een the Department of T+later. Pesources, Paradise Irrigation Aistrict and I+~rr~a_n. Copies of the study presented to the Board members, Representatives of the Department of Ulater Resources ~±resent and Page 1B~`• Apri3. 24, 1973 April 24, 1973 set out the results of the study, The Bepartment of Water Resources feels that there is nothing polluting the water shed. They recommend proper monitoring and control of the area, They recommend that Paradise Irrigation District do the monitoring of the area, Time spent discussing the report, It was stated that when the Soard has had a chance to study the report more fully, they might ask these representatives to come back to the Board and further discuss the report, On motion of Supervisor Cameron, seconded by Supervisor Ladd and unanimously carried, authorization was granted for a letter to be sent to the Paradise Irrigation District asking them if they will continue with the monitoring of the Magalia water shed as recommended in the study and that they respond to the Board regarding the results of the study, 73-558 DISCUSS REQUESTS TO PLACE MOBTLE HOMES ON PROPERTY: GRANT REQUEST OF WARREN C, ALTON, PARADISE The Board questioned Mr, Lawson about the request of John W, Hamby, Paradise, concerning an appeal filed regarding the denial of the tentative parcel map application for Marjorie Young, Mr, Lawson stated that the Board had denied the map and there was nothing further that could be done at this time, Mr, Lawson will notify Mx. Hamby of this situation, Discussed the request of Mr. Warren C. Alton, Paradise to place a mobile home on property at 6827 Sunset Way, Paradise, Mr, Lawson said the Board would have to grant an exception to allow the utility hook-up permit. The lot was created after Ordinance 577 was adopted, Request discussed, On motion of Supervisor Cameron, seconded by Supervisor Ladd and unanimously carried, the request of_ Warren C. Alton, Paradise to place a mobile home on property at 6827 Sunset Way, Paradise, was approved and an exception to Ordinance 577 was granted. STUDENTS OF THE CONTEMPORY CLASS AT LAS PLUMAS HIGHSCHOOL RECESS: 10:20 RECONVENED: 10:35 73-654 FOOTHILL RESIDENTS LEAGUE, LYNN WIXOM, EXTEND INTERIM ZONING FROM "A-R" AGRICULTURAL-RESIDENTIAL TO "S-2"_~SUBURBAN RESIDENTIAL), EAST OF OROVILLE Jim Lawson, Planning Director, stated that the interim zoning ordinance for the Foothill Residents League, Lynn Wixom, from "A-R' to "S-2", east of Oroville expires the 28th of April. The residents axe working on permanent zoning foi the area. The matter will be considered at the Commission's Thursday night meeting. Mr. Lawson stated he would recommend that the Board extend the interim zoning for an additional period to allow the Commission to come up with a permanent solution for the area. Extension of the interim zoning discussed, Hearing set for May 8th at 1:30 p,m. {See action taken during public hearing time-interim zoning ordinance adopted). 73-650 TENTATIVE PARCEL MAPS APPROVED Mr, Lawson stated that there were negative E.T.R. filed on these two tentative parcel maps and they are recommended for approval, Page 185, April 24, 1973 ___~__-___===-=April 24, 1973===-=---------- On motion of Supervisor Ladd, seconded by Supervisor Cameron and unanimously carried, the following tentative parcel maps were approved, subject to the conditions of the Planning Commission: 1. Larwin Developments, AP 57-54-40 & 51, two lots, south side Echo Glen Court, off Gold Cone Drive, Paradise. 2, James R. Lewis, AP 47-18-31 & 32, two lots, on Sacramento River, near 6th Street, near Chico, Engineer; Ellis Rolls and Assoc, 73-661 TTYSCUSSION OF INTERIM ZONING FOR AREAS THAT ARE BEING HEAVILY SUBDIVIDED, CONTINUED FROM APRIL 3. 1973, aim Lawson, Planning Director, explained the matter of interim zoning for areas that are being heavily subdivided, continued from April 3, 1973. He had maps for the Board members of the areas being considered, Ordinances have been prepared that relate to these areas. Supervisor Ladd said he felt that this is something that the Board should consider and that a study be made before any action is taken on these items. Interim zoning discussed, It was suggested that maybe an interim zoning should be placed on the whole county. Dan Blackstock, County Counsel, explained the situation. He said he would not recommend that the Board try interim zoning for the whole County. He said that maybe the Board should approach this fromi~e area of control, through the subdivision ordinance itself, Stxicter standards could be applied. It was agreed that more controls were needed, Size of the parcels discussed, Supervisor Gilman felt the areas should be zoned in 160 acre parcels, Findings for the interim zonings read and discussed, It was moved by Supervisor Gilman and seconded by Supervisor Madigan that the following ordinances be adopted and the Chairman authorized to sign, said ordinances to be for a 130 day period of time, and parcels to be 1b0 acres; Ordinance No. 1344- zoning a portion of County - Forest Ranch Area 1345- zoning a portion of County - Magalia-DeSabla Area) 13/6- zoning a portion of County - Meridian Road Area) 1347- zoning a portion of County - Lake Oroville Area AYES: Supervisors Gilman, Madigan NOES: Supervisors Cameron, Ladd and Chairman McKillop Motion failed as interim zoning needs four votes. It was moved by Supervisor Cameron and seconded by Supervisor Madigan that the following ordinances be adopted for a 120 day period of time, placing a 20 acre size parcel restriction within the ordinances and the Chairman authorized to sign: Ordinance No. 1344, 1345 1346 and 1347 AYES: Supervisors Cameron, Gilman and Madigan NOES: Supervisor Ladd and Chairman McKillop MOTION FAILED Page 186 April 24, 1973 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ April 242 1973= _ _ _ _ _ _ _ _ _ _ _ _ _ _ 73-662 APPEARANCE OF MRS. PEGGY WORCESTER: YANKEE HILL CEMETERY Mrs. Peggy Worcester spoke regarding the Yankee Hill Cemetery. t ~ She requested that the Board take positive action for the residents of-that ? area. She set out the background of this situation. A written summary of this /~OA ~ request was filed by Mrs. Worcester. Dan Blackstock, County Counsel, set out his recommendation. He recommended that the Board request the Administrative Office to make a review of all the cemeteries in the County.. Mr, Blackstock said that it was a crime to interfere with a burial. Mr, Blackstock argues that a cemetery is tax exempt. The Assessor states that someone should file a certificate of exemption for the cemetery to be exempt from taxation. He said he is going to make a recommendation that the County cancel all past penalties on these cemeteries, He will work with the people in Yankee Hill and determine how the matter should be handled, At present, they are not set up formally as a district. Mrs. Franklin Butler, Nimshew, said she was a trustee of the Nimshew Cemetery District, She is very concerned about the future o£ Yankee Hill Cemetery. Mrs, William Slade, Paradise, President of Butte County Historical Society, gave her support to the Yankee Hill Cemetery District, Mr, William Talbitzer, Oroville, spoke concerning the situation at the Yankee Hill Cemetery, Matter left with County Counsel and Administrative Office to come up with a solution. No action at this time, 73-663 APPEARANCE: MR. JAMES HANSEN, OROVTLT,E _, - Mr, James Hansen, Oroville, stated that Legislature has sent to Congress a communication stating that the State of California backs the Genesee Treaty. He requested that the Board demand a retraction of this statement. He set out other matters that he feels should be considered 73-664 APPEARANCE: MR, BILL ROBERTSON, OROVTLLE, REQUEST FOR ABANDONMENT OF ROAD Mr. Bill Robertson, Oroville, set out a portion of a county road near his place of business on the Oroville-Bangor Road, at its intersection with Lower Wyandotte Road, He said he paid to have the elevation staked for his store. Last year Public Works destroyed all elevation stakes. He set-out his problem. He said he would like to ask for the abandonment of a small stretch of road by his store, Supervisor Ladd spoke to this matter. He said he had taken out the request for abandonment to Mr, Robertson far his signature, He decided not to sign the request. Clay Castleberry, Director of Public Works, said the Board has already abandoned one portion of the road, as requested by Mr. Pratt. He would recommend that the Board consider abandoning the portion requested by Mr, Robinson, Request discussed, Mr. Robinson was requested to sign the request for the abandonment. Action to be taken when the proper papers are presented, 73-665 APPEARANCE OF MRS. FRIDENBURG: REQUEST FOR INTERIM ZONING OF THE N/E SECTION- CHICO O fl Mrs, Marge Fridenburg, Chico, appeared to discuss the rAprilt24,r1973erim r ~ ?j, Page 187 '~~ ~~i9,Y~~3¢r`~~ s, ,i ~ k -_ April 24, 1973 a - ~ ~ ~ - ~ T ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ zoning of the northeast section of the Chico area, This area was discussed last Fall when a sewage district in North Chico was being considered, The residents would like to have the area zoned "S-2", Request discussed, Mrs, Robert Bush stated that the people wanted the interim zoning to protect themselves, Supervisor Madigan said he would like to have the matter put over one week. He said he would look at the area, Matter put over at this time, 73-666 APPEARANCE; ROBERT LEMPKE, PARADISE Mr, Robert Lempke, Paradise, said he was representing the Committee designated by the Board to look into County Service Area No, 13 about additional street lights for that district. The committee would recommend 45 new lights, They will refer the report and recommendation to Mr, Castleberry for discussion during budget sessions, RECESS: 12:10 RECONVENED: 1:30 73-667 PUBLIC HEARING: C, L. SCHWEIN-APPEAL OF DENIAL FORA VARIANCE REQUEST TO SET BACK PROPERTY LOCATED ON THE SOUTHEAST CORNER OF LINCOLN BLVD & A STREET OROVILLE The public hearing on the C. L. Schwein appeal of denial for a variance request to set back, to allow building to be located 32 feet from centerline of A Street on property zoned "A-2" (general) located on the southeast cornex of Lincoln Blvd, and A Street, identified as AP 35-073-01,.02, 03, 04, Oroville, was held as advertised. Chairman McKillop explained the situation, This is an appeal under Ordinance 1019, Mr. Lawson explained the request and how the matter should be handled. Hearing opened to the public, Appearing: C, L. Schwein, applicant, Mr, Schwein set out the justification for his request, He feels that the 20' set back would be a waste of his land. Neil McCabe, deputy county counsel, explained what was before the Board at this time, If the Board Finds that there are special circumstances that exist, Mr, Schwein can go back to the Planning Commission and reapply for the variance, Variance and action to be taken discussed, Mr, Schwein said he' was not going back to the Planning Commission for another application, He feels that the area should be rezoned, Chairman McKillop told Mr. Schwein he should go back to the Planning Commission with his application. Mr, Schwein said he had paid $20,000 for a license with the ABC Board. He feels that this is a hardship case. Appearing in opposition: no one. Hearing closed to the public and confined to the Board, Board discussed how the problem could be handled, Supervisor Ladd set out how the building could be placed and still have parking area, Mr, Schwein said fie did not like this suggestion, It was moved by Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, that the appeal o£ Mr, C, L. Schwein for a variance be denied because the applicant did not show any new facts that had not been Page 188, ' April 24, 1973 ==W=====____=====April=24,=1973 _____________ heard at the time of the Planning Commission hearings. 73-668 PUBLIC HEARING:LOUIS C. NOFREX: REZONE FROM "AR-MH" (AGRICULTURAL RESIDENTIAL- MOBILE HOME) DISTRICT TO "C-1" (LTGHT COMMERCIAL) DISTRICT FOR PROPERTY LOCATED WEST OF LINCOLN BLVD., EA5T OF CUSTER LANE. OROVILLE The public hearing on the Louis C. Nofrey rezoning from "AR-MH" (agricultural residential-mobile home) district to "C-1" (light commercial) district for property located west of Lincoln Blvd,, east of Custer Lane, south of Kusel Road, identified as a portion of AP 36-29-28, containing 15 acres more or less, Oroville, was held as advertised, Jim Lawson, Planning Director, summarized action of the Planning Commission in this matter, This is an item that was recommended for approval by the Planning Commission. Mr, Lawson said that the Board can not take action on this today because the applicant has not filed his E,I.R, statement. Zoning discussed. It was felt that the Board needed some zoning maps for the Board room. Hearing opened to the, public. Appearing: No one, Hearing closed to the public and confined to the Board, The Board has 90 days in which to act on this matter: Mr, Lawson will write to the applicant and request that he file the report as quickly as possible, Hearing to be placed back on the agenda after the E.I,R. statement has been filed. 73-669 PUBLIC HEARING: APPEAL OF PLANNING COMMISSION'S APPROVAL-USE PERMIT, ROBERT AND CHARLENE WILLIAMS FOR EXPANSION OF NON-CONFORMING USE PERMIT, LOCATED ON SOUTH SIDE OF OLIVE HTGHWAX OROVILLE: ATHA'S BAIT & TACKLE SHOP The public hearing on the appeal of Planning Commission's app meal of Robert and Charlene Williams use permit for expansion of non-conforming use permit on property zoned "A-R" (agriculture-residential), located on the south side of Olive Highway, 1000 feet east of Canyon Drive, identified as AP 34-72-27, Oroville, was held as advertised. Mr, Lawson summarized the actions of the Planning Commission in this matter, This was approved by the Planning Commission on a 7-2 vote, Letters have been filed requesting that this be denied, Hearing opened to the public, Appearing in favor; Mrs. Robert Williams, She said she did not understand the letters that were filed in opposition. She explained her request, She said she had purchased this property as commercial property. Plans have been started for the expansion of the building. Chairman McKillop asked how the Commission could grant an extension to build onto a non-conforming use. Mr, Lawson stated that the zoning inspector was trying to get affidavits on when this business was established, No one else appeared in favor or opposition to the granting of the use permit. It has to be determined whether this is a legal use or an illegal use. Chairman McKillop felt the hearing should be kept open until a determination is made whether this is a legal use or not, He requested that County Counsel do research on the matter of the statute of limitation of illegal uses of property. Hearing continued to May 8th, 1973, at 1:30 p,m, Page 189, April 24, 1973 April 24, 1973 73-670 PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION INITIATED-REZONE FOR BUTTE COMMUNITY COLLEGE AND SURROUNDING AREA The public hearing on the Butte County Planning Commission initiated-rezone for Butte Community College and surrounding area from "A-2" (general) and "S-H" (scenic highway) to "A-160" (agricultural), "A-3" (agriculture), and "P-Q" (public quasi-public) was held as advertised, Mr, Lawson summarized the actions of the Planning Commission in this matter, This is the second attempt to zone this property. At the last hearing, it was suggested that a committee be appointed to study this area, The committee has arrived at a 3 zone proposal, He explained the recommendation of the committee. Planning Commission recommendation set out. Hearing opened to the public, Appearing in favor: 1, Mr. Bill Earl, Butte CommunityCollege, 2, Al Schlueter, President of Butte Community College 3, Ned Kirkham, college trustee 4, Mr. McKinsey, speaking for~the Lucky 7 Ranch, Appearing in opposition: 1. Al Appleman of Oroville, member of the mining council, He requested that the Board delete the use permit requirement for mining in the A-160 zone. Mr. McKinsey, speaking for Mrs, Martin of the Lucky 7, said they have no qualms about this deletion, 2, Mr. James Best, Oroville, who also opposed the use permit requirement, 3. Mr. Emmett Rix, Paradise, He felt Chat in the "A-3" zoned areas the parcels should be set at 22 acres, rather than 5 acres. Mr, Earle spoke in rebuttal to the statements expressed in opposition, Hearing closed to the public and confined to the Board, The hearing will have to be continued due to the fact that a negative declaration (E.T.R.) has been filed, Hearing continued to May 22nd and left open so Planning Commission could study the matter of the mining permit requirements, RECESS: 3:25 RECONVENED: 3:35 , The above hearing was continued at this time and referred back to the Planning Commission for their consideration at this Thursday night meeting of the mining requirement, The matter will be returned to the Soard when the E,I, R. has been filed, No action at this time. 73-671 PUBLIC HEARING: APPEAL OF PLANNING COMMISSION'S DENIAL-REQUEST FOR VARIANCE TO SIBEYARD AND STREET SETBACK FOR PROPERTY ZONED "A-2" (GENERAL), LOCATED ON THE NORTH SIDE OF JEFFERSON STREET IDENTIFIED AS AP 35-175-127 OROVILLE The public hearing on the appeal of Planning Commission's denial of `Page ~~90. April 24, 1973 Apri124,_1973___________ J_ request £or variance to sideyard and street setback for property zoned "A-2" (general), located on the north side of Jefferson Street, identified as AP 35-175-127, Oroville, was held as advertised. Jim Lawson, Planning Director, summarized the action of the Planning Commission in this matter, The Planning Commission voted for denial of the variance, Hearing opened to the public. Appeaxing in favor; 1. Mx. McCartney, applicant. He set out his justifications for the request, He built the car port and uses it to work on appliances,. He lives in the adjoining house, It is in an A-2 district, Appeaxing in opposition: No one, Hearing closed to the public and confined to the Board, Supervisor Ladd said that under the circumstances, he feels that this is a hardship case, He would not have any objection to granting the variance, He felt the applicant could build a fire wall out of wood, It was felt that the variance could be approved with the conditions set out by the Planning Commission; On motion of Chairman McKillop, seconded by Supervisor Gilman and unanimously carried, the request for variance to sideyard and street setback for property zoned "A-2" (general), located on the north side of Jefferson Street, identified as AP 35-175-127, Oroville, was approved, subject to the conditions of the Planning Commission, and subject to the requiring of a building permit for the firewall. 73-672 PUBLIC HEARING: LAUREL HEDGE ESTATES: APPEAL OF CONDITIONS OE APPROVAL FOR TEN LOTS ON WEST SIDE OF SHASTA AVENUE NEAR THE ESPLANADE, CHICO,_ The public hearing on the Laurel Hedge Estates, ten lots on west side of Shasta Avenue near the Esplanade, Chico (Owner Albert Warner; Engineer-McCain Asso.) on the appeal of the conditions, was held at this time, aim Lawson, Planning Director, summarized the actions taken by the Planning Commission in this matter. Hearing opened to the public. Appearing: Everett McCain, Mr, McCain said the owner objects to Conditions 1 & 2 of the Planning Commissions requirements. He explained the request and their objections. He said that by eliminating the sidewalks, they can leave in an extra row of trees, No one appeared in opposition, Hearing closed to the public and confined to the Board, Supervisor Gilman said he would go along with the deletion of the set back requirement, but he does not go along with the elimination of the sidewalks, Request discussed, It was moved by Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried that the tentative map of Laurel Hedge Estates be approved, with the reducing of the set back requirement from 50' to 7+5', but that the rest of the conditions of the Planning Corranission be enforced, 73-b73 PUBLIC HEARING: FOOTHILL RESIDENTS LEAGUE, EXTENSION OF INTERIM ZONING FOR PROPERTY EAST OF OROVILLE (CANYON DRIVE, WARD BLVD.. ETC,) The public hearing for the extension of the interim zoning for property east of Oroville as requested by the Foothill:Re~idents League, was held as advertised, Mr, Lawson set out thePagea 191olved, He indicated that 90 days April 24, 1973 April 24, 1973 would be sufficient for the extension in which to place permanent zoning on the area, Hearing opened to the public at this time. Appearing: Mrs. Karen Hensley, Ward Blvd, She read a letter from Lynn Wixom requesting the extension of the interim zoning for 90 days, No one appeared in opposition, Hearing closed to the public and confined to the Board, Extension of the zoning discussed, 73-674 ADOPT ORDINANCE 1344, AN INTERIM ORDINANCE ZONING A PORTION OF THE COUNTY AN "S-2" SUBURBAN RESIDENTIAL AREA FOOTHILL RESIDENTS LEAGUE On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, Ordinance 1344, an interim ordinance zoning a portion of the County an "S-2" (suburban residential) for the Foothill Residents League, extending the zoning for 90 days, was adopted and the Chairman was authorized to sign, 73-675 APPROVAL OF DELEGATE AGENCY CONTRACTS-HEAD START PROGRAM Bill Lawrence, assistant auditor, set out the matter of the contracts ,L~,.a v for Relegate Agency. He said the Board needed to make a determination of their intent on conduct of CAP. He said there was a small problem relating to the contracts, On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the Board ratified Roy Garlit's signature to the 1973 contract. On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the Board approved the amendment to agreement for delegation ~.Zg.,a ~ of activities under CAP Grant No. CG-7057, to the 1972-73 contract and the 1973-74 contract and authorized the Chairman to sign, Time spent discussing the phaseout of the grant, Mr, Garlit said they were in a position now to disperse money, A telegram was received yesterday stating that Federal money would be received in the near future, Mr, Lawrence asked if the Auditor should continue using County money until the funds are received, Matter discussed, Mr, Garlit explained the present operations of E,O,C, Most of the staff has been terminated, They will need about $5,000 per month to phase out the program, He said they were gathering the property of the program together so that they can itemize it and make an inventory so the equipment can be transferred at the end of the program. Discussed who would be responsible when the rent runs out on the present warehouse, Mr, Lawrence explained the grant terms. A plan is needed for the phase out or the money may be withheld, Mr, Garlit stated that the plan is very simple; they have already spelled out what needs to be done. They have to now set out the costs that will be charged to the program, The O,E,O, will do the final audit, It was felt that besides the $35,000 of County money already used, the program would need an additional $10,000 to continue the phaseout of the program. Mr, Lawrence felt the Board should not wait to June 30th to close down; the Board should give them time to handle the matter properly, Page 192, April 24, 1973 ______________APril24, 1973=====______=__=_ Dan Blackstock, County Counsel, explained the court order concerning the phase out of Economic Opportunity Program. He said that O,E,O, has not sent the Board anything to the contrary in regards to the phase out, The County has a close out agreement with O,E,O, in which they will pay the County so much money. He feels that the County should proceed with the idea that this is a close out grant, Mr. Garlit said he would like to have the Board take under consideration a latter stating that for the 1971 year they had a question about the cost of non- Federal share of costs, Mr, Harris suggested that a waiver of this amount be made by the County, Mr, Garlit said the EOC Board would like to use as much of the funds to develope programs in order to stay in existence. He explained some of their plans for the future, They would like to develope programs to keep them going from the unobligated funds, It was felt the program should be closed down the first of June so the Auditor could make the final report. On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the Board authorized. the additional expenditures up to $10,000 for EOC and for them to go ahead and file the plan, with the understanding that the OEO operations will be shut down by June 1, 1973. Mrs, Jane Rutherford spoke to the matter of the shut down by June 1, Mr, Garlit read a prepared letter to Mr, Harris which is in the form of an appeal and wavier of the $18,455 of disallowed non-Federal sharing costs. Letter discussed, On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the letter to Mr. Harris as set out above was approved and the Chairman was authorized to sign. Close down date discussed. Mr. Lawrence said they were just closing down the present operations. He feels the Board should do nothing further at this time, The County can continue at the present level. The plan for the future programs should be developed by the E,O,C, Board and present the plan to the Board. Head Start Program discussed, Et was felt that a decision should be made shortly in this matter, Supervisor Gilman feels that the proper agency to handle the Head Start Program would be the ounty School Systems. Matter discussed. The County has to have some indication that the contract can be assigned, H,E,W, will be contacted in this matter, Discussed whether a letter should be written in the matter requesting that H.E,W, make some move concerning this matter, Mr. Mickelson will prepare a letter concerning the Head Start Program operation and will include in the letter the question of whether the program could be handled by the County School Systems, 73-676 AUTHORIZE RELEASE OF CANYON HIGHLANDS CURB AND GUTTER LIEN ON PARCEL _013-15-2-049-0, OWNED BY RAYMOND G._& BETTY S. HOTTEL, On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the Board authorized the release of Canyon Highlands curb and gutter lien on Parcel 013-15-2-049-0, owned by Raymond G. and Betty S, Hottel. 73-677 APPROVE CONTRACT WITFI PLUMAS COUNTY FOR PRISONER_CARE 0. } O The agreement for care of P1nma~,C~ounty prisoners at Butte County Jail ~p is at $8 per calendar day, less $1 ~a`3%~eW~ance per day for eachAPril 24,r 19731 Page 1S3. April 24, 1973 performs services for the Shoriff. Medical and dental care will be billed to Plumas County and Plumas will provide transportation of prisoners to and from Butte County Jail. A cost analysis should be prepared by the Auditor. Agreement discussed, On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the contract with Plumas County for care of prisoners by Butte County .was approved and the Chairman was authorized to sign, subject to the Auditor doing a cost analysis of the agreement. , 73-678 APPROVE BILLING AND AFFIDAVIT FOR PAYMENT FOR GOLDEN FEATHER FAIR ANA EXPENDITURE FOR BUTTE COUNTY FIST-l AtvTD GAME COMMISSION AUTHORIZED On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following action was taken: 1, Approved affidavit for payment L-o Chastain & Oswalt on the concrete wall project at the Fair Grounds in the amount of $5,863.31, as requested by the Golden Feather Fair Board, 2. Approved billing and affidavit for payment~to Gridley Herald in the amount of $107.50 for bid advertisement for the improved flower building project at the Fair Ground, as requested by the Golden Feather Fair Board. 3. Authorized expendi::ure of $500 for bass and catfish for Wyandotte Reservoir as requested by the Butte County Fish and Game Commission, from money budgeted for repair of Highlake Dams, 73-679 ITEMS HELD OVER ONE [,TEEIr The following items were held over one week: 1. Completion of third courtroom at Superior Court building. 2, Juvenile Hall construction program, 3, Mileage payment to Charter Study Committee 73-680 BUDGET TRANSFERS APPROVED On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following budget transfers were approved; B-98 fii~,~ Cor.sta_ble. Transfers ;:i4S froaz reserve for'contingenci.es to office expense ($75) and transport~:ti,on and travel {$?.70). The transportation and travel shortage was due to. the Biggs Court activity being held in Gridley. Board of Supervisors. Transfers $1,500 from reserve for contini±,enci.es to publications and legal notices. This is the second time that funds have been transferred to this account. The shortage is a direct result of the need to publish notices for increasing numbers of public hearings. B-10G Public Works - Yards and Stores. Transfers $4,200 from within the Public Works Department to Yards and Stores - Utilities. This covers a shorts€e in gas and electric account due to increased activity and price increases for €r.s arni electricity, R-107 Clerk - Eiectior.s. Transfers $11,150 from reserve for cnntin~encies to Elections office expense, publications, extra help and overtime. Deficiencies resulted due to more elections being scheduled than anticipated, Diost of the unanticipated costs will be reimbursed from special and school districts. Auditor - Controller. Transfers $100 from Recorder's trust fund to general fund to reflect a reduction in the Pecorder's petty cash change account from $150 doHm to $50. Page 194. April 24, 1973 April 24, 1973 _ ~ :, F B-I10 Auditor - Controller. Transfers $1,694 from contributions to other agencies to reserve for contingencies. This action cancels out the account set up for an anticipated loan to the First Methodist Church for Head Start operations. Federal funding came through negating the need for the loan. 8-111 Administration, Transfers $528.73 from maintenance of equipment to extra help, transportation and overtime. Deficits developed due to increasing workload activity in the office. B-112 Chico Municipal_ Court. Transfers $2,500 from reserve far contingencies to professional and special services to cover unanticipated costs for court -v reporters and appointed attorneys. B-113 Paradise JusCice Court. $890 is transferred from the pro€essional and specialized services account with $590 going to equipment and $300 to office expense all within the Paradise Court budget. The fixed asset amount is to purchase desk, Chair and typewriter for new cler'c xecently authorized by the Board. The amount in office expense is to cover present deficit of $25 and provide for ttie balance of the year. B-114 District A_ttnrnev. $300 is transferred from the travel account to jury and witness expense in the t).A.'s budget to cover $35 deficit and for the balance of the year. District Attorney states that original budget appropriation was insufficient to cover his needs. B-115 Sherit-f. This transfers $1,065 fro;n equipment account to maintenance - structures, improvements and g,rcunds account in the Sheriff's budget. Unanticipated purchase of 4G special security ceiling light fixtures for jail cells is the reason for the transfer and savings on equipment purchases is available to cover. B-1.16 Doi Control. $500 is transferred from office expense to equipment maintenance and is needed because of increased patrol mileage for dog control vehicles. B-117 Court reporters. $3,500 is transferred from the reserve to professional and special services in the Court ..°.e porters' budget. The Superior Court Judges state that the increase is due to the .volume of narcotic arrests necessitating use of additional assigned reporters. This amount would cover present deficiency of . $G85 and for the balance of the fiscal year. A-118 Local A enc_ Formation C°mm___:_issi°n• $125 is transferred from publications and legal notices to office expense within the LArC budget. `k'tiling and duplicating charges have been higher than anticipated in this account. B-11R Chico ;iarshal, $100 is transferred from equipment maintenance to office expense to cover present deficit of $GO and provide for the balance of the ;`tar. B-i21 CSA ~~31 - Biggs Swittuning Pool. This transfers $600 from Reserve for contingencies to Services and Supplies. Supervisor Madigan requested a report on the Election Budget. He would like to know what special elections have been held. Page 195. April 24, 1973 _ _=tea ~ _----___- = April=24,=1973====________ _~ _ 73-681 ADOPT RESPONSES TO GRAND JURY RECOMMENDATTONS Responses to Grand Jury recommendations discussed. ~-~0• D ~ do motion of Supervisor Gilman, seconded by Supervisor T.add and unanimously carried, responses to the Grand Jury recommendations were adopted and on the other items the Board has either considered or commented on them publicly, and the Administrative Officer was directed to forward said responses to the Grand Jury, _- 73-682 APPROVE APPOINTMENT TO BUTTE COUNTY PLANNING COMMISSION On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, Wilbur Moore was re-appointed a member of the Butte County Planning Commission fora term of four years. 73-683 APPROVE THE REAPPOINTMENT OF COMMISSIONER V. K, JOHNSEN TO BUTTE COUNTY HOUSING AUTHORITY On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the reappointment of Commissioner V, K, Johnsen to Butte County Housing Authority was reconfirmed, 73-684 ACCEPT SETTLEMENT OF LOT SPLITTING CASE ON WARD BOULEVARD EAST OF OROVILLE The Ward Boulevard lot splitting case discussed, Letter from Mr. Schroeder set out and discussed. The settlement proposes to put all the lots back into one parcel, except the parcel of Mr, Fields, Matter discussed, It was moved by Supervisor Ladd, seconded by Supervisor Cameron and carried, that the settlement of the Ward Boulevard lot splitting case (Mr. Dill) was accepted, putting all the parcels back into one parcel, with the exception of the parcel of Mr. Fields, County Counsel was instructed to do_the necessary work to affect this settlement, and that the Desist and Refrain Order be removed, and that the County Counsel report back to the Board when this has been accomplished, AYES: Supervisors Cameron, Ladd and Chairman McKillop NOES: Supervisors Gilman and Madigan, 73-685 CHARTER INITIATIVE PROPOSALS-COUNTY HOSPITAL-ELECTION_SET FOR JULY 10th Dan Blackstock, County Counsel, explained the Charter initiative proposals for the County Hospital. He said a special election will have to be held, He set out the timing in the matter. The Charter provisions must be published 5 times. He explained the time sequence and how it will affect the Board. The Board could hold off on ftae adoption of the resolution and advise them in Sacramento that the matter has been worked out and that action will be taken next week, Chairman McKillop said he had met yesterday with Mr. Milton Elkhovse, He was interested in looking into a configuration for the long range plan for the hospital, A lease back agreement was suggested. Building and lease back operation discussed, Date for the special election, Mr, Blackstock said he hopes that delaying this election date is not going to trigger the State into going ahead with the de-accreditation of the hospital. A letter of intent could be sent to the State that the election date has been set for July 10th, Bsllot proposals discussed. It was stated that the ballot proposal would include a $5,000,000 bond issue, The override tax measure was set at ,30 per $100 valuation, It was felt the ballot measure should have a clear-cut "Yes" or "No" manner of voting. Mr. Blackstock said he would write the measures as requested by the Board. The Board agreed to the 4 ballot proposals set out by Mr. Blackstock. Supervisor Gilman said he would like a week to study this matter, He feels that all the Board members have some reservations concerning this situation, Chairman Page 196, April 24, 1973 - - - - - - - - - - - - - - - - -AEril_24, -1973 - - - - - - - - - - - - - - - - - - McKillop requested that the Board act next week on the Resolutions setting this special election. A letter of intent will be sent to the State of the Board's feelings. On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, County Counsel was requested to write a letter to the Health Care Services notifying them of the Boards intent to hold a special election on July 10th concerning the County Hospital. 73-686 AbOPT ORDINANCE 1345 AMENDING SALARY ORDINANCE=HOSPITAL PHYSICIANS Chairman McKillop stated that at the hospital meeting yesterday, the matter of in-house care by the physicians was discussed, The Emergency Room will be closed, Payment to the physicians set out and discussed. The Personnel Director will prepare the ordinance setting out the matter of the additional payment for the physicians, The doctors are on the over-time exempt list and they should be removed from the list, Payment discussed, On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, Ordinance No, 1345 amending the salary ordinance was adopted, the Chairman was authorized to sign and County Counsel was authorized to negotiate with the medical director concerning his contract and it was further authorized that the physicians at the hospital be removed from the over-time exempt list. 73-687 ANNOUNCEMENT: GRANTSMANSHIP MEETING TO SE HELD ON MAY 3rd Supervisor Cameron announced that there would be a grantsmanship meeting held at Burtons Mesa on May 3rd, He feels that the County should send someone to this meeting, The cost of attending said meeting would be $30.00. The Administrative Officer was requested to check and determine if Bob Nicholson or some other staff person could attend said meeting. Action to be taken next week, RECESS: The Board recessed at 6:15 to go into an executive session. RECONVENED: The Board reconvened at 6;35 following an executive session. ADJOURNMENT There being nothing further before the Board at this time, the meeting was adjourned at 6:35 p.m. to reconvene on Tuesday, May 1, 1973 at 9:00 a.m. ATTEST: CLARK A, NELSON, COUNTY CLERK ;~ ~ By:~ Board of Sup visors Clerk' Page 197, April 24, 1973