HomeMy WebLinkAboutM050873°---~.
May 8, 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 and Madigan, Clif Nickelson,
Administrative Officer, Daniel Blackstock, County Counsel, and Clark A. Nelson,
County Clerk by Margie Catt, Board of Supervisors Clerk,
Absent: Chairman McKillop
INVOCATION: Rev. Robert Vitz, Craig Memorial Congregational Church, Paradise
Pledge of allegiance to the Flag of the United States of America
73-738 APPROVAL OF MINUTES
On motion~~f Supervisor Cameron, seconded by Supervisor Ladd and
carried, the minutes of May 1, 1973 were approved with the following correction:
Page 208, Item 73-733, to state that Supervisor Cameron wanted a letter sent to
Assemblyman Johnson urging his support of Senate Bi11 550,
73-739 COMMUNICATIONS
Roy Garlic, executive director, Economic 6pportunity Council, Mr. Garlic
~~ submits his resignation as Executive Director of the Butte County
rO d- ~ ~ Economic Opportunity Council, Inc, effective May 11, 1973. See
~ a ~: motion following communication,
Butte County Commission on Senior Affairs. The Commission unanimously passed a
motion to recommend to the Board of Supervisors that they put a
U,l~ measure on the ballot to utilize revenue sharing monies to revamp,
reconstruct, and bring up to the State specifications the Butte County
Community Hospital, Discussed, Taken under submission,
Susan Graham, Paradise, A petition is forwarded with approximately seven-
signatures appealing the decision of the Planning Commission on
April 26, 1973 regarding the negative impact statement of the Paradise
f ~ ~~~ ~ Recreation and Park District for additional soft ball field on the
west side of Moore Road, south of Warren Road, Set for pubiic hearing
on June 12th, 1973 at 1:30 p,m,
Burroughs Corporation. Tnformation regarding the evaluation of computers is
/ / 0, 3 ~ submitted, Information only, Discussed,
Easter Seal Society, The Society requests Board consideration of making food
-~7 stamps available through Bank of America offices because of difficulty
~/r ~ ~ of physically disabled in getting to and in many post offices. Referred
to Administrative Officer for answering,
Peninsula Animal Welfare Society, Inc, The Society writes regarding Assembly
Bill No, 1056 requesting endorsement of the bill. The bill would provide
~ CJ @i ~ °"-" grant funds to establish spay/neuter clinics throughout the state. Should
be referred to the committee to study animal control to be appointed soon.
Humane Legislation Advocates. This organization also requests Board support of
f ~ Q,~r AB 1056, Discussed, Same action as above,
Page 210,
May 8, 1973
.. _ ~ .. _ _ - _ _ _ _ - - -MaY-SZ 1973_ - - - - - - - - - - - - - -
County of San Luis Obispo -Planning Director. A resolution admonishing the
Council on Intergovernmental Relations on the conduct of their
C ~ March 15, 1973 regular meeting is transmitted with the request that
1 ~ ~ s the Board adopt a similar resolution and transmit it to the County
Supervisors Association. Discussed. It was felt that the Board should
adopt a similar resolution. Administrative Officer will make copies for Boa
Public Utilities Commission. The Commission forwards notice of hearing and
Application No, 54766 re application of Hughes Airwest to increase
,~- intrastate passenger fares. Information. No action needed at this
/ time.
Water Resources Control Board, The Board sends notice of proposed change in regu-
C) lotions of the State Water Resources Control Board re stockwatering
~-~//• d and private recreational Reservoirs, Information, Copies to be
made for the Board members,
State Air Resources Soard, The Board forwards copy of Executive Order J-34,
approving the Butte County Air Pollution Control District's application
03 for subvention, The application is reduced by $1,500 to be withheld
2 ~ so that the Air Resources Board can perform engineering services since
the District does not have such capabilities, It was felt that Mr, Mackesse
should report to the Board on this matter. Administrative Officer to notify
Senator W, Craig Biddle, Information regarding extensive amendments to
~ ~~ Senate Bi11 391, knnsan as the Correctional Reorganization Program is
~(~ forwarded, Bill discussed and referred to the She'rif`: and Juvenile
Justice Commission for their study and recommendation to-the Board.,
Joint legislative Budget Committee, A. ~Iian Post, legislativ? analyst,
~~,0 D forwards forms to be filled in with data required by Section 10800.1
Ea of the Welfare and Institutions Code, Information; no action necessary,
Harriett Toftner. She registers a complaint about the logging operation in
f ~ ~C'~~'~ Section 27 of Butte County, near Lake Madrone, Clay Castleberry,
Director of Public Works, explained the problem. No action taken,
Robert F, Parker, Chico; Mrs, Dorothy Hill, Chico; Tim and Shari Marble, Chico
and Mrs. Thelma R. Cummings, Chico. They request that the use permit for
the Tau Gamma Theta Fraternity on Santa Clara Ave,, Chico should be
)~~ ~ 0 examined; they registered a complaint about the actions of this fraternity.
Letters discussed, Chairman Gilman said there have been many complaints
issued against this house. Letters referred to Planning Commission and
County Counsel for study and report to the Board.
Colonel James C. Donovan, District Engineer,Corps ~# Engineers, Desi:gparion
~-~~ of May 25th aS first annual PACE Day, Public Activities of the Corps of
f ~ Engineers. They will try to make the public aware of their plans for
the future. Referred to Chairman McRillop for his information.
Robert L, Fredenburg, Professor of Physical Science, Chico University. Noise
legislation which was passed by the State of Colorado, Letter read
f ~ Q~~-'and discussed. No action taken,
73-740 ACCEPT RESIGNATION OF ROY GARLIT EXECUTIVE DIRECTOR ECONOMIC OPPORTUNITY COUNCII
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
~ carried, the resignation of Roy Garlit, Executive Director, Economic Opportunity
i p jJ~~~Council, was accepted and the Administrative Officer was requested to forward a
letter of appreciation to Mr, Garlit for his services to the County,
73-741 COUNTY ADMINISTRATIVE OFFICER APPOINTED TO ACT AS INTERIM DIRECTOR OF THE
ECONOMIC OPPORTUNITY COUNCIL
On motion of Supervisor Madigan, seconded by Supervisor Cameron and
~,v~, carried, the County Administrative Officer was appointed interim director of
the Economic Opportunity Council.
Page 211,
May 8, 1973
- - - - - - - - - - - - - - - May 8,-1973 - - - - - - - - - - - - - -
73-742 DISCUSSION: SENATE BILL 594
Dan Blackstock, County Counsel, stated that Senator Marler's office
contacted him concerning Senate Bill 594, regarding zoning being consistent with
the General i'laxt. 'Bill explained, CSAC is going to appear and argue in favor
of the bill, Local suppoYt of r_his bill in the form of testimony before the
Committee has been requested, Mr, Blackstock felt that it is doubtful that the
bill will go through in its present form. The hearing is today at 1:30, Jim
Lawson, Planning Director, will be requested to appear at the hearing today.
73-743 DISCUSSION: COMMUNITY ACTION AGENCY GOVERNING BOARD MATTERS: PHASE-OUT PLAN
Discussed the appointment of the interim director of the Community
Action Agency Governing Board, Mr, Mickelson stated that Dan Moellenberndt,
Administrative Analyst, will handle the work for the Community Action Agency
~/,~ until it is phased out, Mr, Harris, the youth coordinator, will be moved into
the business manager slot. There are funds in the program for payment of
salaries. Mr, Mickelson stated that on July 1st, 1973 the County's funding
grant stops.
Jane RLtherford said the Governing Board was in agreement with the
interim appointment going back to the Administrative Officer,
Mr, Mickelson set out the phase-out procedures as prepared by
Mr, Garlic. He explained how the operation would be handled to phase-out this
program. EOC, Inc. will be designated as the CAA after July 1, 1973,
Program discussed, No action taken.
The transfer of EOC headquarters to old Court Reporters offices
discussed. Mr. Harris and the secretary would move to these quarters on June 1st.
Board approved this move,
73-744 ACCEPTANCE OF WORK: PARADISE PINES SUBDIVISION A D 10 11 & 15
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, work on Paradise Pines Subdivision Assessment District, 10, 11 & 15
was accepted, performance bond was released and filing of notice of completion
was authorized, and the Chairman was authorized to sign.
pi73-745 ADOPT RESOLUTION 73-72, AUTHORIZING ACQUISITION OF REAL PROPERTY BY EMINENT
DOMAIN: APPROVE AGREEMENT FQR SALE OF REAL PROPERTX: EAST AVENUE PROJEGT
On motion of Supervisor Cameron, seconded by Supervisor Ladd and
carried, the agreement for sale of real property between the County of Butte
and.Malvis F, Isaacs and Marie J. Isaacs, East Avenue Project 57192-70-1 was
approved and the Chairman was authorized to sign; Resolution 73-72 authorizing
acquisition of real property by eminent domain necessary for construction of
a county road known as East Avenue in the County of Butte was adopted and
the Chairman was authorized to sign,
73-746 APPROVE WAIVER OF FEES HONEY RUN BRIDGE ASSOCIATION RESTROOM FACILITIES
On motion of Supervisor Cameron, seconded by Supervisor Madigan and ,
carried, the fees for the restroom facilities at the bridge site were waived,
as requested by the Honey Run Covered Bridge Association.
7.3-747 APPROVE RIGHT OF WAY CERTIFICATION EAST AVENUE TOPICS PROJECT N0, EPS-T-3014(4)
t~ AND ADOPT RESOLUTION 73-73 AUTHORIZING CHAIRMAN TO SIGN
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, right right of way certification ~~3 on East Avenue Project was approved,
Resolution 73-73 authorizing the Chairman to sign the right-of-way certification
Page 212,
May 8, 1973
.. _ .. ~ _ .. .. - .. - - - - - Ma Y 8 ~ - 19 7 3 - - - - - - ~ - - - - - - - _ .
and the Chairman was authorized to sign the resolution,
73-748 AUTHORIZE COUNTY FORCE ACCOUNT CONSTRUCTION ON XOCUM AVENUE AND NORD HIGHWAX
APPROACHES TO SPRR
On motion of Supervisor Ladd, seconded by Supervisor Cameron and
carried, county force account construction on Yocum Avenue and Nord Highway
approaches to SP RR was authorized,
73-749 DISCUSSION: DRAINAGE DEPOSIT FOR PARCEL MAP: REFERENCE PARCEL MAP ON
VALLOMBROSA AVENUE
Clay Castleberry, Director of Public Works, stated that his department
` would like the Board's opinion regarding the drainage deposit fee for parcel maps
with specific reference to a parcel map of Vallombrosa Avenue, The "no less than $100
per lot" is not a realistic portion of needed drainage facilities, Public
Works also would like to discuss a revised drainage proposal adopted by the
City of Chico.
Mr, Castleberry. said the $100 is the minimal; it should remain flexible.
This property is not in a drainage district, The developer is being asked to provide
some temporary drainage. At the time this policy was adopted, it was meant
that the deposit would not be less than $100, He would like the Board's
concurrence with this intent and policy.
Item discussed; Mr, Castleberry will discuss the situation with the
developer,
No action taken at this time.
73-750 DISCUSSION: REQUEST OF PALERMO ELEMENTARY SCHOOL DISTRICT TO HAVE COUNTY
ACCEPT ROAD
Mr, Castleberry stated that Mrs, Brown of the Palermo Elementary
School District had requested that the County approve a road in their district.
The County has bladed this road in the past, The people along the road desire
to have the school bus pick up their children. Mr, Castleberry has informed
Mrs. Brown that the County will handle the road as they have in the past; the
County will give it the routine maintenance.. No action taken on request.
73-751 DISCUSSION: WELFARE RENTS
Mr, Melton of the Butte County Housing Authority spoke to the Board
regarding welfare rents, He requested that the County give them some support
on this matter. Under the present system, if the Welfare recipient does not
pay his rent, then the Housing Authority has to pay the rent on the housing that
they have leased for renting. Mr. Nelson explained the problem,
Discussed the suggestion of adopting some type resolution or letter to
be sent to the State Legislature requesting that some law be passed that the
money for rent could be taken out of the welfare recipent's grant. Supervisor
Ladd felt the Board should strongly support the change in the law. Chairman
Cilman said that each of the Soard members has been contacted by home owners
that have not been paid their rent. He felt that a letter to the Legislators
would be helpful, Mr,Melton was requested to draft a letter and send it to the
Board for approval, Following discussion, Mr, Nickelson was requested to draft
the letter and the Housing Authority would prepare a similar letter, to be
forwarded to the State Legislature, Mr. Nickelson will check the matter out
first through Mr, Robinson, the Welfare Director,
RECESS: 10:00
Page 213.
May 8, 1973
- - - - - - - - - - - - - - - May 5,-1973 - - - - - - - - - - - - - - - - -
RECONUENED: 10:20
73-752 PUBLIC HEARING SET: POLLINI & SCHMIDT REZONING FROM "S-l" and "~4-2"
TO "C-1" DISTRICT, NORTH OF WELSH ROAD & PALERMO ROAD INTERSECTION, OROVILLE
~~ A public hearing was set Eor May 22, 1973 at 1:30 on the following:
1. Rudolph A. Pollini and Raymond E, Schmidt, rezone from "S-1"
(minimum density suburban residential) and "M-2" (heavy industrial) district
to "C-1" (light commercial) district for approximately one-half mile north of
the Welah Road and Palermo Road intersection, identified as AP 25-24-53,
containing approximately 58 acres, Oroville,
73-753 PUBLIC HEARING SET: AMENDMENT OF THE BUTTE COUNTY GENERAL PLAN
A public heating was set for May 22, 1973 at 1:30 p,m, on the amendment
to the Butte County General Plan. (See action taken later in the minutes
for change of hearing date.)
73-754 APPROVE USE PERMIT: RICHARD A, JONES FOR MOBILE HOME ON M-2 PROPERTY
Jim Lawson, Planning Director, reported on the Planning Commission`s
report on the Richard A, Jones use permit for mobile home on M-2 property,
Oroville, which had been referred to them by the Board of Supervisors. The
Planning Commission recommend approval of the use permit, Report discussed,
On motinn of Supervisor Ladd, seconded by Supervisor Madigan and
carried, the use permit for the placing of a mobile home on M-2 zoned property
as requested by Richard A, Jones, was approved, said use permit to be renewed
annually.
73-755 TENTATIVE MAP APPROVED
On motion of Supervisor Ladd, seconded by Supervisor Cameron and
carried, the following tentative map was approved, with the negative E,I,R,
attached, subject to the three conditions of the Planning Commission:
1. Dimon R, Stewart, AP 21-132-44, four lots, north side of
West Liberty between French and Dewsnup Avenues, Gridley.
73-756 DISCUSSION: REPORT ON PROPOSED CHANGE IN PLANNING COMMISSION RECOMMENDATION
FOR BUTTE COLLEGE ZONING REFERRED FROM BOARD OF SUPERVISORS_
Jim Lawson, Planning Director, reported on the proposed change in Planning
Commission's recommendation for Butte College zoning. He stated that this would
have to be continued to May 22nd, The Planning Commission studied the matter of
the use permit requirement for mining. They affirmed their previous action that
the use permit should be part of the zoning.
Supervisor Ladd said he could not vote for the A-160 zoning if the
requirement for the use permit for mining was not eliminated, He feels that the
zoning for the 160 acres should be fox a quarter section, Supervisor Cameron
said that the people along Clark Road still feel that the A-3 zoning works a
hardship on them, as it requires 5 acre parcels. They would like the requirement
to be for 3 acre minimums. He would like this referred back to the Planning
Commission for the study of this matter. It wa~~ suggested that the area
proposed as A-3 along Clark Road, be considered as an AR-MH-3 district, Area
referred back to the Planning Commission for their study and recommendation,
Mr, Earle, Butte Community College, commented on the zoning,
May 22, 1973 at 1.30 was set as the time of the public hearing for
Page 214,
May S, 1973
May 8, 1973
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
the extension of the interim zoning for this area.
On motion of Supervisor Cameron, seconded by Supervisor Madigan
and carried, the A-3 zoning on Clark Road was referred back to the Planning
Commission for their consideration of a AR-MH 3 district a_sd May 22nd, 1:30
p.m. was set as the time for the public hearing on the extension of the
interim zoning of A-3 for the area around Butte College site,
Supervisor Ladd requested that the wording concerning the A-160
contain the wording that the parcel shall contain a quarter section.
73-757 LEAVES OF ABSENCE APPROVED
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, the following action was taken;
1. Approved the Hospital Administrator's request for a noncompensated
30 day medical leave of absence for Irene Kimble through June 12, 1973,
2, Approved a three month medical recovery leave of absence for Dave
Davis, as requested by the Public Works Director, Portions of this
leave will be on sick leave and vacation, Robert Bromley, building
serviceman, was temporarily assigned as Building and Grounds
Superintendent pursuant to Section 9,5 of the Personnel Rules,
73-758 ADVANCE STEP HIRING PUT OVER ONE WEEK
The Mental Health Director requests C step hiring for Mr. Thomas Burke,
mental health technician. Mr, Burke is currently a contract employee with
Mental Health, Supervisor Ladd stated that he did not like this advance step
hiring of employees. Request discussed, Action put over one week,
73-759 AUTHORIZE CHAIRMAN TO SIGN AREA MANPOWER PLAN
The Ancilliary Manpower Planning Board #3 submits the annual plan for
~ fiscal year 1974. The area covers Butte, Colusa, Glenn and Tehama Counties,
~z~,'0 Plan discussed,
On motion of Supervisor Cameron, seconded by Supervisor Madigan and
carried, the Chairman was authorized to sign the Area Manpower Plan,
73-760 APPROVE THE PHASE-OUT MODIFICATION FOR PUBLIC EMPLOYMENT PROGRAM
The phase-out modification for PEP has been prepared. This modification
adds $299,706 to Section 5 and $182,842 to Section 6 and $20,106 for
administrative costs. This modification will permit an orderly phase-out of
the program through June 30, 1974 and will provide administrative staff services
for the phase-out and manpower planning, Mr. Rackerby stated that this grant
has to be submitted by this Thursday. The proposal is as recommended by the
Administrative Office, It can be discussed again at budget time and the positions
approved as county employees under this plan could at that time be placed in a
"lay-off" position.
On motion of Supervisor Cameron, seconded by Supervisor Madigan and
carried, the phase-out modification for the Public Employment Program was
approved and the Chairman was authorized to sign,
73-761 GOLDEN FEATHER FAIR: AWARD OF BID-PUT OVER ONE WEEK
The Golden Feather Fair has received four bids for the improvement
of the flower building located on the Fair Grounds, Low Bidder was Donoho
Refrigeration of Gridley with base bid of $17,000 and addition ~kl bringing it
to a total of $20,300. Public Works recommended that this be held over one week.
Put over to May I5, 1973, Page 215.
May 8, 1973
• May 8, 1973
73-762 APPROVE AFFIDAVIT AND PAYMENT FOR ENGINEERING SERVICES FOR FLOWER BUILDING
PROTECT, GOLDEN FEATHER FAIR
Approval is requested for payment of $1,620 to Donald R, Long and Associates,
consulting engineers, which is 90% of contract amount, Request discussed.
_ a
~ ~'r On motion of Supervisor Ladd, seconded by Supervisor Cameron and
~~ carried, payment of $1,620, which is 90% of their contract amount, was approved for
Donald R. Long and Associates for engineering services for the flower building
project,
73-763 APPROVE NOTICE OF COMPLETION FOR CEMENT FENCE: GOLDEN FEATHER FAIR
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
~ Z,carried, Notice of Completion for the cement fence at the Golden Feather Fairgounds
~~ was approved, the Chairman was authorized to sign and the Clerk was requested
to record said notice with the County Recorder.
73-764 AWARD OF CARPETING BID: COUNTY COUNSEL'S OFFICE
Low bidder for the carpeting for County Counsel's office remodeling
was Hill Furniture Company of Oroville in the amount of.$2,223.79, Bids
discussed.
On motion of Supervisor Cameron, seconded by Supervisor Ladd and
carried, the award of bid for carpeting of County Counsel's offices was awarded
to Hill Furniture Company of Oroville in the amount of $2,223,79,
73-765 SURPLUS PROPERTY DECLARED
Requests for items to be declared surplus property discussed, Supervisor
Ladd felt the old wooden desk in the Recorder's Office should not be declared
surplus property and disposed of as requested, He requested that this be
eliminated from the list of items,
On motion of Supervisor Madigan, seconded by Supervisor Cameron
and carried, the following items were declared surplus property and the
Purchasing Officer was authorized to dispose of the same;
1. Public Works - 23 black walnut trees in the @hico area which are
dead, Bids will be solicited for selling these trees, including
removal below ground level and all cleanup necessary.
2, Health Department - 1965 Chevrolet County ~k188. This was the one
authorized to be replaced by the Board of Supervisors last week
because it is not worth spending money on to repair and maintain,
3, Health Department - 1966 Ford sedan, county ~~213, which was approved
for trade-in on annual automobile bid.
4, Superior Court - one Smith Corona manual typewriter, inventory
~~03581, which is obsolete
5. Recorder - one commercial dry mounting and laminating press and dryer,
~kC-8448 as the Recorder's new reader printer is complete with dryer
and old dryer is no longer needed,
73-766 AUTHORIZE SALARY CONSIDERATION OF JUDGE OF GRIDLEY DISTRICT COURT
Salary consideration of Judge of Gridley District Court discussed,
Mr. Nickelson presented a break down of the salary paid to the Oroville
Justice Court Judge, When a judge covers for another judge, a remuneration is
paid to him. The proposal here w teha~tl the Board authorize a salary ordinance ••
tea? ... 6,
V
May 8, 1973
• May 8, 1973
payment
amendment to give Judge Williams a balloon/at the end of the fiscal year, but
said payment not to be more than the salary received by Judge Savage, Payment
discussed further at this time,
On motion of Supervisor Ladd, seconded by Supervisor Cameron and
carried, the balloon payment to Judge Williams was authorized and the amendment
to the salary ordinance to be prepared for Board action,
73-767 BUDGET TRANSFERS APPROVED
B-97 Juvenile Hall - $38,03 transferred from equipment and $161,97 from
special departmental expense with $200 going to transportation
and travel
B-137 Veterans Service Officer - $200 from communications to overtime
B-139 Biggs Justice Court - $1,800 from salaries and wages with $1,200
going to jury and witness expense and $600 to extra help
B-138 Auditor-Controller - Transfers $11,664,50 from the building
construction budget to the communications account
B-140 Library - $816.44 from the reserve to the insurance general account
B-141 Health Department - $475 from professional and special services
to equipment
B-143 Paradise Justice Court - $100 from professional and special
services to extra help
B-144 Air Pollution Control District - $200 from professional and
special services to overtime within the Air Pollution
Control District budget,
73-768 APPROVE ADDITIONS TO BUTTE COUNTY COMMUNITY HOSPITAL MEDICAL STAFF
Time spent discussing additions to the medical staff that have been
approved by the Credentials/Executive Committee since the Board of Supervisors
last approved the roster on July 18, 1972. List discussed,
On motion of Supervisor Cameron, seconded by Supervisor Madigan
and carried, physicians for medical staff membership additions to Butte County
Community Hospital were approved,
73-769 APPROVE DANCE LICENSE APPLICATIONS
On motion of Supervisor Cameron, seconded by Supervisor Madigan and
carried, the following dance license applications were approved:
1. Chico State Rodeo Club, to conduct a dance at Odd Fellows Hall, Gardnex
Lane, Chico on May 5, 1973
2, Alpha Gamma Rho Fraternity, to conduct a dance at Odd Fellow Ha11
3, Durham Picnic Committee, to conduct a dance at the Durham Memorial
Hall, May 12, 1973, with the fee waived,
73-770 AUTHORIZE RELEASE OF CANYON HIGHLANDS CURB & GUTTER LIENS
On motion of Supervisor Ladd, seconded by Supervisor Cameron and
/~ ~ ~ carried, release of Canyon Highlands curb and gutter liens on the following
parcels was authorized:
013-15-2-045-0 Owned by Edward and Anna Cardova
013•-15-2-019-0 Owned by Francis D. and Rae E. Ellis
013-i5-2-020-0 Owned by George W. Lamka
013-15-2-039-0 Owned by Charles H, and Mazy T. Van Zandt
013-15-2-040-0 Owned by Wilbur T, and Esther H. Wilson
013-15-2-048-0 Owned by Kenaeth Gallagher
Page 217, May 8, 1973
---------------MayB,_1973_ _--------------
73-771 APPEARANCE: EVERETT MC CAIN- DRAINAGE DEPOSIT FOR PARCEL MAPS
Everett McCain, Chico, spoke on the matter of drainage deposit for
parcel maps, which had been discussed earlier in the meeting. He feels that this
is a change in Board policy, He said for them to provide a study of the drainage
in this area would be costly. He set out his objection to the filing fee; he
feels that this request is unfair, He said he would like to work with the County
in the updating of the ordinance governing this requirement, Mr, Castleberry
said he assumed the responsibility on this matter, This parcel lot split would
require a study for the drainage problem. The $100 per lot fee is not a realistic
amount in this case,
Mr, McCain felt that the Board should have a policy that it should be
uniformly the same for the fees. He requested that the Board reconsider Item 26.
No action taken at this time,
73-772 APPEARANCE: JAMES HANSEN, OROVILLE
Mr, James Hansen, Oroville, said he has brought up the matter of the
miners being required to secure a use permit under the ~1-160 zoned districts,
Mining is not agriculture, he stated, He did not feel that the Planning Director
properly presented the matter of the A-160 zoning, Discussed; no action taken.
73-773 APPEARANCE: SUPERVISOR FRANKLIN (BUD) LANE, EL DORADO COUNTY
Supervisor E'ranklin (Bud) Lane of E1 Dorado County, set out the matter
of the Regional Council of World Counties. They find that the timbers, water,
and other natural resources are being usurped by the urban communities, He
presented a list of the Counties that are a member of this organization, The
next meeting of this group will be held in 3ackson on Friday, May 18th, and he
extended an invitation for this Board to attend the meeting,
Supervisor Ladd stated he had attended the meeting held at Lake Tahoe
and he agreed with the re-organization. He would like to have this matter placed
on the agenda for the meeting Altures. He felt that it would be to the advantage
of all if the entire Northern Counties Supervisors Association joined in this
effort.
Discussed; no action taken at this time,
73-77~+ APPEARANCE: MR BOB ALEXANDER PARADISE ZONING AROUND BUTTE COLLEGE
Mr. Bob Alexander, Paradise, spoke to the Board about the zoning on the land
surrounding Butte Community College, He felt that a new zoning should be created
to allow 2Z or 3 acre minimals, He explained his feelings concerning this zoning,
Chairman Gilman told Mr, Alexander that this matter has been sent
back to the Planning Commission to study just the same matter that he has brought
up at this time, He recommended that Mr, Alexander attend the Planning Commission
meeting to be held Thursday night,
73-775 APPEARANCE: MR, GLYNN DOUTHIT. OROVILLE
._.. Mr, Glynn Douthit, Oroville, made another strong goal line stand about
~ 1~ the placing of the hospital issue before the voters again. The people voted to
~f~ ~' keep the hospital open, He read his written statement concerning this matter.
No action taken.
73-776 DISCUSSION: DRAINAGE DEPOSIT FAR°PARCEL MAPS
Mr. McCain again appeared to discuss the matter of drainage deposits
with the County. He feels that Public Works does need more direction in this matter,
Page 218,
May 8, 1973
- - - - - - - - - - - - - - - MaY 8,-1973 _ - - - - - - - - - - - .. .. ..
Clay Castleberry, Director of Public Works, stated that there is a provision
in the ordinance covering the request of Mr, McCain. If the Board desires, they
can waive the realistic fee requested by Public Works. He would not have any
objection, but the $100 fee is not enough, based on past experience, He feels
that the applicant should provide the study to determine how much should be
required by him to pay on the drainage problem, Chairman Gilman stated that it
had been the intent of the Board to look at these requests on an individual basis.
He would not vote today on a policy decision, He would not consider any action
until he has had an opportunity to look at the site, Supervisor Ladd agreed with
this statement,
Decision in this matter put over one week to give the Board members
an opportunity to look at the site, Supervisor Ladd and Mr, Castleberry will
work with Mr, McCain so that the Board can arrive at a workable policy,
y,.--73-777 ADOPT RESOLUTION 73-74 URGING THE STATE LEGISLATURE TO SEEK ACTION TO
ALLEVIATE THE PROBLEM OF LITTER AND WASTE DISPOSAL CRFY~TED BY THE SALE OF
BEVE AGES IN DISPOSAL, NON-RETURNABLE CONTAINERS
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, Resolution 73-74 urging the State Legislature to seek action to alleviate
the problem of litter and waste disposal created by the sale of beverages in
disposal, non-returnable containers was adopted and the Chairman was authorized
to sign.
73-778 DISCl35SI0N: ORDINANCE AMENDING CHAPTER 19 OF THE BUTTE COUNTY CODE,
Dan Blackstock, County Counsel, presented the proposed ordinance
amending Chapter 19 of the County Code, This handles the question of placing
a mobile home on a lot that already has a home on it and using the same septic
tank, The home would be fora relative of the owner of the property,
Mr, Blackstock read the findings in this matter,
Ordinance set out and discussed, Howard Toussaint, county sanitarian,
commented on the proposed ordinance, He said he sees a conflict in the
interpretation of the ordinance. He feels it should be more explicit concerning
the term "close relative". He also feels that any reference to mobile homes
should be deleted,
Time spent discussing the ordinance. Howard Toussaint felt this would
place an additional work load on the Health Department, An annual renewal fee
should be charged, Supervisor Ladd felt that the initial fee of $25,OO.should
also be the same for the annual renewal fee.
No action taken at this time,
RECESS: 12;00
RECONVENED: 1:30
73-779 PUBLIC HEARING: ROBERT & CHARLENE WILLIAMS: USE PERMIT FOR EXPANSION OF
NON-CONFORMING USE PERMIT ON PROPERTY ZONED "A-R" (AGRICULTURE-RESIDENTIAL)
LOCATED ON THE SOUTH SIDE OF OLIVE HIGHWAY, 1,000 FT, EAST OF CANYON DRIVE,
IDENTIFIED AS AP 34-72-27 Oroville
The continuation of 'the public hearing on the Robert and Charlene
Williams application for a use permit for expansion of non-conforming use permit
on property zoned "A-R" (agriculture-residential), located on the south side of
Olive Highway, 1,000 ft, east of Canyon Drive, identified as AP 34-72-27, Oroville
Page 219.
May 8, 1973
- - - - - - - - - - - - - - - - May 8,-1973 - - - - - - - - - - - - - - -
was held at this time, Bettye Blair, Planning Department, summarized the
actions of the Planning Commission in this matter, This had been referred
back to the Planning Commission for their consideration of whether this
was an illegal use or not, The staff had supported the expansion as requested,
Chairman McKillop felt that this was an illegal use and he requested that more
information be brought back to the Board,
County Counsel reported on the matter of Statute of Limitations-
there is a four year statute of limitation, Mrs, Blair said that Planning
Department had contacted the State about the license, The first sales tax
was paid in 1967. She summarized the past experience of this business.
According to the sales tax point of view, this business was established over
four years ago; because of that fact, there is a strong argument that the
statute of limitations would bar the County from eliminating this business,
Bill Williams, inspector for the county, reported on his investigation
of the matter, He set out the chain of ownership of the business,
Mrs, Williams questioned the$oard about the transfer of the business.
Hearing closed to the public and confined to the Board at this time,
Time spent discussing the expanded use and action regarding the use permit.
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, the Board reversed the ,action of the Planning Commission and
denied the request fcr a use permit for expansion of the non-conforming +
-.use - on property zoned "A-R" (agziculture-residential), located on the south
side of Olive Highway, 1,000 ft. east of Canyon Drive, identified as AP 34-72-27,
Oroville (Robert and Charlene Williams),
73-780 FURTEIER BISCUSSION OF ORDINANCE AMENDING CHAPTER 19 OF THE COUNTY CODE
Further discussion was held at this time on the proposed ordina~xce
amending Chapter 19 of the Butte County Code, concerning the placing of a
mobile home on a lot that already has a residence.
It was moved by Supervisor Ladd and seconded by Supervisor Gilman
that the ordinance amending Chapter 19 of the County Code be adopted and
the Chairman authorized to sign,
Motion discussed and with drawn.
Supervisor Cameron said he did not feel that he could vote on this
motion today. He has not had an opportunity to study this ordinance,
Supervisor Madigan said there was no reason why this could not be put over
one week. It was felt that it should be spelled out in the ordinance who
would be allowed to place a mobile home on the property, Mr, Blackstock will
rewrite the ordinance so that it will set out what the Board intends,
Chairman Gilman said it was his intention that action will be taken
on this ordinance next week, Supervisor Madigan said he concurs with the ordinance
but that there should be some clarification in the area of use, Howard
Toussaint will meet with County Counsel and help re-write the ordinance,
Action put over one week,
73-~8~-SSUP_ER_VTSOR MA-IGAN EXCUSED UNDER GOVT. CODE SECTION 1063
On motion of Supervisor Ladd, seconded by Supervisor Cameron and
carried, Supervisor Madigan was excused from attending Board sessions under
Government Code Section 1063, up t~age dLa1~' -
May 8, 1973
- - - - - - - - - - - - - - May-8, 1973- - - - - - - - - - - - - - - - - -
73-782 DENY REQUEST FOR VAgIANCE FCR ACCESS ON BURNAP, COUTH OF LASS EN, CHICO
Supervisor Madigan stated he had looked at the property on Burnap
Avenue, south of Lassen, Chico, yesterday, He explained the area and why
the owner is requesting a variance, This was discussed last week duzing the
Board session,
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, the request for a variance far access on Burnap Avenue, south of Lassen,
Chico, was denied,
73-783 APPROVE APPOINTMENTS TO TECHNICAL ADVISORY COMMITTEE ON DRUG ABUSE
On motion of Supervisor Madigan, seconded by Supervisor Cameron and
carried, Walter Ferguson of the Oroville Police Department and Wallace Herring
.~ 1~~~ J of the Probation Department were appointed as members of the Technical Advisory
Committee on Drug Abuse,
73-783 DISCUSSION: AGREEMENT BETWEEN CITY OF CHICO AND DUNCAN AND JONES FOR
ESTABLISHING THE CHICO AREA PLANNING COMMISSION
Clif Michelson, Administrative Officer, explained the matter of the
y(~ agreement between the City of Chico and Duncan and Jones for establishing the
f ~(~~~7 Chico Area Planning Commission, The City of Chico requests that the Board
i review the contract and if there are any questions let them know, Chairman
Gilman said he is concerned with how the County in-put will be put into the
matter, How will the County get in-put into the scope of the study, He feels
that the County should be part of this contract,
Contract discussed, It was suggested that County Counsel meet with the
City Counsel of Chico and get more information about the contract, It should
be explicit how much it will cost and what the study will be about. Chairman
Gilman said he would feel more confortable about the contract if the County is
part of this contract.
Mr, Mickelson will convey to the City of Chico the Board's feelings
and County Counsel will contact the City of Chico's counsel and will report
back next week, It was also felt that the memo of the County Auditor should be
taken into consideration,
73-784 ADOPT ORDINANCE 1347, RESOLUTIONS 73-75 and 73-76, CONCERNING CALLING FOR
ELECTION FOR HOSPITAL CHARTER AMENDMENT SETTING BOND ISSUE AMOUNT AND THE OVERRIDE
County Counsel explained the hospital charter amendment and the ordinance
and resolutions concerning the matter of the bond issue amount and the override,
Ordinance set out and discussed, The election was set for July 17th,
Ballot measures explained and discussed, The amount of the bond issue was set at
$5,000,000 and the over-ride was set at .30 per $100 assessed valuation,
On motion of Supervisor Ladd, seconded by Supervisor Cameron and
carried, the following action was taken:
1, Adopted Ordinance No, 1347, calling for election for Hospital Charter
Amendment, and the Chairman
was authorized to sign,
2, Adopted Resolution 73-75 setting bond issue amount in the amount of
$5,000,000 and authorized
the Chairman to sign,
3. Adopted Resolution 73-76 providing for special county tax override
election and the Chairman
Page 22I, was authorized to sign,
May 8, 1973
- - - -- - - - - - - - - - - May-8, 1973- - - - - - - - - - - - - - - - -
73-785 ADOPT RESOLUTION 73-77 CONSOLIDATING PARADISE SCHOIDL ELECTION WITH
~ HOSPITAL CHARTER AMENDMENT ELECTION
On motion of Supervisor Cameron, seconded by Supervisor Madigan and
carried, Resolution 73-77 and order authorizing the consolidation of the
Paradise School bond election with the Hospital Charter Amendment Election was
adopted and the Chairman was authorized to sign,
73-786 CLERK DIRECTED TO PUBLISH ORDINANCE N0, 1347, CALLING FOR ELECTION FOR
HOSPITAL CHARTER AMENDMENT IN CHICO ENTERPRISE & OROVILLE MERCURY
On motion of Supervisor Madigan, seconded by Supervisor Cameron and
carried, the clerk was directed to publish Ordinance No, 1347, calling for election
for hospital charter amendment in the Oroville Mercury and in the Chico Enterprise,
73-787 ADOPT RESOLUTION 73-78 ADMONISHING TIE COUNCIL ON INTERGOVERNMENTAL RELATIONS
ON THEIR CONDUCT OF THEIR MARCH 15 1973 REGULAR MEETING
On motion of Supervisor Cameron, seconded by Supervisor Ladd and
carried, the Board corncurred with County of San•Luis Obis~o's resolution and
adopted Resolution 73-78 admonishing the council on intergovernmental relations
on their conduct of their March 15, 1973 regular meeting, the Chairman was
authorized to sign and a copy of this resolution was directed to be forwarded to
the County Supervisors Association,
RECESS: The Board recessed at 2:50 for an executive session,
RECONVENED: The Board reconvened at 3:45 following an executive session.
73-788 DISCUSSION: LEGISLATION RELATING TO LAND DIVISIONS
Dan Blackstock, County Counsel, stated that last year the State
Legislature passed a new act that relates to the control o£ land divisions.
He explained the bill; it relates to violations of land division and subdivision
ordinances, Discussed whether there should be some type hearing procedure,
He said the hearings could take up a lot of the Board's time. He explained
the bill and how the County will have to handle it. He said he wanted the Board
to know of its existence,
Bill discussed, No action taken at this time, The bill will be placed
back on the agenda at a later date for board discussion and determination, County
Counsel will see how the other counties are handling the matter, Matter placed
back on the agenda for Tuesday, May 22nd,
73-789 DISCUSSION: AB 1856 WHICH RELATES TO CARE HOMES
Supervisor Cameron set out the matter of State Legislation that
relates to care homes, such as for foster children, handling six or less clients,
He said Butte County was being inundated with these care homes, He said that
The Assembly Bill states that these homes should be allowed in residential areas.
At the present time these homes are licensed by the State, He felt this Board
should back the proposed legislation that would allow the Counties to require
use permits for case homes,
Bill discussed, The Board members felt the suggestion was worth
further study. No action taken at this time.
73-790 RE-SET PUBLIC HEARING ON AMENDMENT TO THE COUNTY GENERAL PLAN
The public hearing on the amendment to the Butte County General Plan
which had been set for May 22, 1973 was rescheduled to June 26, 1973 at 1:30 p,m,
9DJOURNMENT•
There being nothing further before the Board at this time, the meeting
was adjourned at 4:05 to reconvene ~ Tuesday, Ma 15, 1973 at 9:00 a,m,
ATTEST: CLARK A. NELSON, COUNTY CLERIC
BY: ®t..~,,,,,.~~ airman of the Bo d
Board of pervisors Clerk page 222,
May 8 , 1973