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HomeMy WebLinkAboutM053072May 30, 1972 STATE OF CALIFORNIA ) SS, COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a,m. pursuant to adjournment, Present: Supervisors Mad-,'gan, Maxon, McK~.1'lop, Reynolds and Chairman Gilman. Clifton Nickelson, Administrative Officer, Dan Blackstock, County Counsel and Clark A, Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. INVOCATION: Rev. Gilberto Sommer, Unity Church of Oroville Pledge of allegiance to the Flag of the United States of America 72-930 APP ROVAL OF MINUTES On motion of Supervisor Madigan, seconded by Supervisor McKillop and unanimously carriLd, the minutes of May 23, 1972 were approved as mailed, with the addition to Page 71, top of the page, to state that Hank Hindery Data Processing Director, was requested to report back to the Board concerning the UniVac letter. 72-931 COMMUNICATIONS Rev, Richard L. Bjork. Mr, Bjork writes regarding Welfare Dep=:rtment comgliance with Regulation 22-023,12, and letter of County Counsel ~(,Ol) to him dated May 16, 1972 concerning this matter. Administrative Officer was requested to study the letters and determine whether the law is being complied with. Letter referred to Administrative Officer. A, John Merlo, Chico. Mer, Merlo writes regarding the spending of public money for partisan political activity. Letter discussed, Supervisor d ~~ Madigan said he had checked with two members of the Bar Association; they j have studied the matter and they feel that there is no violation. Referred to Administrative Officer to answer. Simpson's Disposal Service, Oroville. Mr. Simpson makes formal request for a raise in rates at the transfer site in Oroville, both for rates collected ~! p ~ at the station and for the rates per load transporting material to Chico. He requests that a committee be set up to study justification of this request. Letter referred to Public Works Director. County Counsel Administrative Officer and Director of Public Works requested to study the matter and report back to the Board, A committee will be appointed by the Chairman, at his descretion, as requested. Ridge Realty Company, Paradise.. An appeal is tiled on the Planning Commission's decision on request for lot split by Floyd Soper, They request hearing date of June 13, 1972. Hearing set. No publication needed in this matter. Paradise Chamber of Commerce, The Chamber requests that information which was G D, $ e ~o,,~ ~ mailed to the Paradise property owners prepared by Cook Associates on the ~ rea proposed sewage district to be mailed to them. Administrative Office to comply with request, Paradise Chamber of Commerce, The Chamber sends invitation to the Board to ~ s ~~ attend their annual installation dinner to be held Thursday evening, June 1 at the Elk's Lodge, Information; no action needed, City of Gridley. The City forwards copy of its letter addressed to Butte ~ County Service Area No. 34 requesting that fire insurance coverage for 7 .~ d~~ the dressing rooms at the swimming pool be initiated and that premiums be paid by the service area, Discussed, To b e studied by Director of Public Works; he will report back on June 13, 1972. City of Chico. The City of Chico requests jurisdiction on issuance of permits and conducting of inspections for property on the Esplanade which will be 1 Z,o ~ connecting at the city sanitary sewer system under a sewer use agreement. Property owner Thompson-parcel 45-021-03, See motion following communications. County Supervisors Association of California. The Association forwards list of items affecting counties which will be considered by the Legislative Conference Committee. Information, Page 87. May 30, 1972 .__ _____=====May 301 1972= = = = =--------- County of E1 Dorado. The County sends copy of its Resolution No. 243-72 in support of Senate Bill No, 538 which provides for taxation of mobile ~~j,d ~ homes over eight feet wide or 40 feet long as unsecured property, Copies of the bill and the resolution to be made for Board members, Doris L, Noel, chaizman, Ad-hoc Committee on Mobilehomes (El Dorado County) Mrs, Noel writes regarding Senate Bill No. 538 and urges support. She ~~ Q7/ encloses copy of the present version of the bill, Copies to be given to Board members. State Department of Public Works. The Department writes regarding the apportionment of 71-72 and 72=73 TOPICS fund and the amount of state ~(p f,0 v funds available, Butte County will receive federal funds only and no state funds because of the size of our federal apportionment. Discussed. Clay Castleberry, Director of Public Works, stated this was in order, No action needed. U. S. Coast Guard, Department of Transportation, The Department sends copy of z1 c~~ v (~ Public Notice No. 12-45 regarding proposed bridge across the Sacramento T River near Corning, California and zemoval of existing bridge, Information; no action needed. Sven Roemelt. The poor people of the Palermo area request the use of the old p [Or fire house. Supervisor Reynolds suggested that this be taken under '~/~I advisement, with the understanding that a determination will be made in the near future. Administrative Officez requested to follow up on the request. Kimshew Cemetery District. They request the reappointment of Bille Taylor, whose term expires ,tune 1, 1972, They also report of the resignation of f ~ U,~~ Robezt Rose and state that they will submit a recommended name for appointment in the near future, Copies of the letters to be sent to Supervisor Maxon, No action taken at this time. James DeLaVergne. Apgeal of decision of Planning Commission, Appeal to be f/~'~ ~ discussed when Planning Director is present later in the meeting. Mental Health Advisory Board. Copies of minutes and recommendations, Referred to Administrative Officer. Senator Alan Cranston. Thanks Supervisor Madigan for the materials sent to ~~~ 0 0 him on the Chico Landing to Red Bluff and the Cottonwood Creek project. Discussed; no action taken, Emery Leivers, M.D. Butte County Hospital situation. Copies of the letter to U~~OO be given to Board members, No action taken at this time, 72-932 MATTERS PRESENTED BY BOARD MEMBERS Supervisor McKillop stated he had correspondence that pertains 'to A-R zoning in Paradise area, He felt this should be made a matter of record. not Supervisor Reynolds said he has still/received any satisfaction concerning the placing of a trailer in a A-2 area off Larkin Road, Mr. Lawson and Mr. Toussaint had gone to the site and viewed the site. These people desire to place a trailer on their property for use by their daughter, He said he keeps getting the run-around in this matter. He said he would like to see some action in the matter, He would like to get this matter off his back. Mr, Castleberry said he had discussed this matter with Supervisors Maxon and McKillop last week. An affidavit has been prepared that they can submit to the Board for approval. Matter to be acted upon later in the meeting. Supervisor Reynolds said he had received in the mail a Labor incentive initiative. He said this is the only way the farms can operate, He explained the ina.,t3ative, He said he would like to have something prepared for Board action in the matter. Discussed; no action taken at this time, 72-933 APPROVE RE UEST FOR CITY OF CHICO'TA ISSUE PERMITS AND DO INSPECTION WORK On motion ofSupervisor McKillop, seconded by Supervisor Madigan and unanimously carried, the City of Chico was authorized to issue permits and conduct inspections for property on the Esplanade which will be connecting at the city sanaitary sewer system under a sewer use agreement. Property owner- Thompson; parcel 45-021-03, Page 88, May 30, 1972 May 30, 1972 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 72-934 AUTHORIZE PREPARATION OF NEWS RELEASE BY BOARD OPPOSING HOSPITAL CHARGER AMENAMENT Supervisor Maxon said he would like theBoard to authorize the preparation of a release about the hospital initiative. Supervisor Maxon explained his feelings in this matter. Request discussed. On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, the Administrative Officer was authorized to prepare a news release opposing the hospital charter amendment, said release to be presented later in the meeting for Board consideration. 72-935 PUBLIC WORKS ITEMS APPROVED: ADOPT ORDINANCE N0, 1271 On motion of Supervisor Maxon, seconded by Supervisor Reynolds and unanimously carried, the Board took the following action on Public Works items: 1, Approved Change Order No. 1 on Paradise Pines Country Club Estates Assessment District 1, 2, 3 and Paradise Pines Country Club Estates Assessment District 4, to replace rock cobble ditch with pipe, at no additional cost to the district, 2. Authorized Canyon Highlands Drive project, and authorized force accaunt construction by County crews with contract work for hauling base and paving. 3. Authorized County to do the repainting of the Upper Thermalito Bridge, and that $10,000 be transferred from WO 5164 (Plumas Drive) toward this project, with the proviso that Mr. Castleberry negotiate for an agreement with the City to Oroville for their participation in the project. 4. Adopted Ordinance No, 1271 establishing speed limits on certain county roads and the Chairman was authorized to sign. 5. Approved Change Order No, 2, Ord Ranch Road transfer station, in the increasing amount of $139.99; accepted the work and authorized the Chairman to sign the Notice of Completion and instructed the Clerk to record said Notice of Completion and authorized the semi-final payment, less the 10% retention. 6. Authorized the bill for the relcation of two power poles at Skyeay and Wycliff in the amount of $1,b91.70 to be charged to Paradise Pines Assessment District Units 5 and 6 contingency funds and that the claim be authorized for payment. (Larwin Developments, Inc „ is in agreement this recommendation) 7. Authorized refund of $15,150 for duplicate inspection fees paid on Paradise Pines Assessment District, Units 5 and 6, to Larwin Development Company to be taken from Buildings and Subdivisions funds. 8. Approved agreements for sale, authorized Chairman to sign and authorized Auditor to issue warrant upon demand of County's escrow agent on the following: Oroville-Quincy @ J. C, McCallan 0.932 ac-$373 Impr, $120 Bald Rock Rd 27561-69-1 Total $493 East Ave. 57191-70-1 C. V, Turner 0.004 $72 Imrp. -0- Total $72 Skgnaay FAS 757(4) R, P, Salisbury 0,033 ac $1,450 Impr, $4b Total $1,496 Palermo Road FAS 1334(2} Oroville Ranch Co. 0.051 ac. $838 Impr. -0- Total $838 Palermo Road FAS 1334(2) Oroville Ranch Co. 0.444 ac. $222 Impr, -0- To.ta1 $222 9. Accepted deeds for right of way acquisition and authorized Chairman to sign Certificates of acceptance on the following: East Avenue 57191-70-1 Parcel 8 L, A, Gloeden Elliott Rd, ~p rcel map) AP 53-19-18 3. M. Harding Cohasset Roa parcel map) AP 56-02-67 W, Bettencourt ~. May 30, 1972 Page 89. May 30, 1972 72-936 INFORMATION ITEMS Clay Castleberry, Director of Public Works, reported on the crosswalk guards at Jay Partridge School. He said he would like to have th~Board encourage the City of Chico or the School District to participate in the pro~ram that was set out by Mr. Robinson last week. This would be a good opportunity to use some of these positions. Guards could be used rather than installing lights, Matter discussed. Mr. Castleberry was requested to ask the City of Chico and the School District to participate in this use of these programs, (b) Palermo Sewer Service Area - steering committee. Mr, Castleberry said he would suggest that the Board consider the appointment of three citizens that would be interested in serving as a steering committee. Supervisor Reynolds requested that Mr. Castleberry contact Mrs. Dunn in this matter, Suggested that names be gathered of interested persons and then present the names to the Board so the appointments could be made. Discussed; no action taken at this time. (c) Report on multiple land divisions - Ward Blvd. area, Mr. Castleberry said he did look at these land divisions, with representative of the Health Department and Jim Glanders. The Health Department made perculation tests, There is not much perculation in this area, There are some 22 parcels of i acre plots that were created within 2 days before AB 1301 become effective. Mr, Castleberry explained how the lots had been created, The property was legally divided although there are some questions in the matter. Matter discussed; no action taken. 72-937 ADOPT DECLARATION REGARDING THE MOVING OF TRAILERS ON PROPERTY IN THE COUNTY The proposed declaration for use regarding the placing of trailers on property in zoned areas read and discussed. These declarations would be recorded. This would allow the moving of a trailer on property so that the owners would be legal, The delcaration was designed to take care of all zones where this use would be allowed. Declaration use discussed. On motion of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, the declaration regarding the placing of trailers on property in zoned areas was adopted. STUDENTS FROM ~IGGS SCHOOL & TEACHER JIM SHADD WELCOMED. The students from Biggs School and their instructor, Jim Shadd was welcomed to the meeting. Chairman Gilman introduced the Board members and department heads. He told the students that they would be given an opportunity to ask questions if they so desired, RECESS: 10:00 RECONVENED: 10:20 72-938 PUBLIC HEARING SET: BUTTE COMMUNITY COLLEGE SITE A public hearing was set for June 20, 1972 at 1:30 p,m. for the Butte Community College site, proposed rezoning from "A-2" (general) to "A-20" (agricultural) district. 72-939 PUBLIC HEARINGS SET FOR PROPOSED REZONTNGS:JUNE 20 1972 Public hearings were set for Tuesday, June 20, 1972 at 1:30 p,m. on the following: 1, Proposed rezoning from existing interim "A-R" (agricultural-residential) district to permanent "A-R" district, for an area located in the unincorporated area of Butte County known as Paradise, California more generally described as south of Skyway, West of Clark Road, approximately five and one-half miles, 2, Lee L, Burnside - proposed rezoning from "A-1" (single-family) residential) to "R-2" (duplex residential) for area located on the north side of Honey Run Road, approximately 6~OPaget y~~st of Skyway, May 30, 1972 May 30, 1972 RECESS: 10:30 for an Executive session RECONVENED: The Board reconvened at 10;40 following an executive session. 72-940 ADOPT MOTION OF INTENT TO FORMULATE COMMISSION ON SENIOR AFFAIRS The Paradise Council on Aging, Inc, presented a request for establishment of "Butte County Commission on Senior Affairs." Mrs, Edna Snyder spoke for ~ ~~' the group. All Board members had received a copy of the letter from the Council concerning this matter. She stated that Butte County has been a leader in working with older people, There are four very active senior citizens groups, This program would be to keep the Board informed on programs for the senior citizens. Proposed resolution read. Supervisor McKillop objected to item No. 1, concerning retired from full employment, Mrs, Pat Rellaford responded to this matter. She said this would be something that would have to be determined by the Board, She stated that she had participated in a panel last Friday with Supervisor Reynolds at the meeting of the Senior citizens. Supervisor Reynolds said there was a growing amount of senior citizens in this County, They should be prepared as to what to do withthemselves when they have retired, He explained his thinking in this matter. Request of the Council discussed. It was felt the Board should approved the concept as presented and request County Counsel to prepare the resolution to be adopted by the Board, Mr, Al Jackson, Chico, President of the Chico Council on Aging, spoke concerning the formation of the commission. He explained what they were doing in the Chico area. On motion of Supervisor Reynolds', seconded, by Supervisor Maxon and unanimously carried, the Board approved a motion of intent to formulate a Commission. on senior affairs, and requested that County Counsel prepare a resolution setting up the commission. 72-941 DISCUSSION: APPEAL BY MR. DELAVERNE:_LOT SPLIT Jim Lawson, Planning Director, explained the denial by the Planning Commission of the tentative parcel map submitted by Mr. DeLaVerne, The map was denied because there was a question of whether he was into a subdivision area and that maybe he should file a subdivision map, The man is creating more than 4 parcels. Mr. Lawson explained the appeal by Mr. DeLaVerne and explained the denial by the Planning Commission. The property is within the Fir Haven Subdivision. Map discussed. Mr, Castleberry suggested that County Counsel sit down with Mr, DeLaVerne and explain the matter, Mr, Lawson said the matter had been referred to County Counsel, He read the opinion of County Counsel, County Counsel felt the man was in violation of the subdivision ordinance. Mr, DeLaVerne explained his request at this time, He has asked for division of one piece of property, After 16 years, he is given a chance to sell a part of this property, He feels that it is wrong to have his division denied. He read a statement concerning this matter, Supervisor Maxon stated that this Board has to operate within the law, He asked if it were possible to approve this on a parcel map basis, Mr, Castleberry said that as proposed, this division would result in more than 4 divisions or parcels. It should be processed under the subdivision provisions, No additional survey work would be required, Mr, DeLaVerne has been told that the parcel map is not the way to go. Supervisor McKillop said he would suggest that the man file an amendment to the subdivision map, County Counsel will meet with Mr, DeLaVerne to discuss this matter, .- k: No action taken at this time. Mr, Lawson was requested to investigate the Page 91. May 30, 1972 _______________May 30, 1972_ _ _ _ _ __ ______ __ complaint of Mr, DeLaVerne that Jim Fortino is splitting his property. Mr. Lawson will report back on this matter. 72-942 APPROVE PARCEL MAPS 12 DENX 2 PARCEL MAPS On motion of Supervisor Maxon, seconded by Supervisor Reynolds and unanimously carried, the Boa~td took the following action: Approved tentative parcel maps: 1, George Loney, AP 46-57-22, 2 lots, adjacent to Butte Creek near covered bridge. Engineer: Walter B. Grimes & Assoc, 2, John L. Bailey,Jr,, AP 55-201-11 & lw (portion of), 4 lots, west side of Edgewood Lane, 500 ft, south of pavement end, Paradise. Surveyor: Gary T, Lippincott. 3, Charles Wright, AP 54-141-58, 2 lots, 5674 Clara Lane, Paradise. Surveyor: Gary T. Lippincott. 4, Alvin L, Marjama, AP 5I-22-31, 2 lots, north side of Skyway, 200 ft. east of Pincton, Paradise, Surveyor: Gary T. Lippincott. 5. Fred Wohlschlagel, AP 37-23-28 (portion of) 3 lots, south side of Black Bart Road, east of Oroville. Surveyor: John W. Hamby. 6, Barbara Bernal, AP 37-35-01 (portion of), 4 lots, east side of Fire Camp Road, Oroville, Surveyor: John W, Hamby, 7. R, 0, Pessner, AP 51-10-08, 2 lots, west of Skyway and north of Firland Drive, Paradise, Surveyor: John W, Hamby, 8. Paul Pillsbury, AP 51-25-26, 2 lots, Neal Road, below Skyway, Paradise, Surveyor: John W, Hamby. 9, Pine Mountain Development, for L'iversified Modules, Inc., AP 53-12-46 & 54-04-82, 4 lots, Clark and Nunnelly Roads, Paradise, 10. D. P. Grein, AP 22-18-43; 2 lots, ,37 ;i. west of Hwy. 99E on Farris Road (Biggs East), Biggs, 11. Thomas L, Solbeck, AP 50-33-01 (portion of), 4 lots, south side of Hermans Lane, Paradise, Surveyor: Gary T. Lippincott. 12, California & Nevada Dist, of the Luthern Church, Missouri Synod., AP 53-24-47, 3 lots, 6404 Pentz-Magalia Why., Paradise, Surveyor: Gary T, Lippincott. . ~. Denied tentative parcel maps for: 1. J. Delavergne, AP 57-17-48, 3 lots, south side of Elmwood Road, Paradise, Surveyor: John W, Hamby, 2. Eldon Quiring, AP 48-06-12, 3 lots, east side of Cactus Ave,, south side of East Ave, and north side of Manzanita Ave., Chico, Engineer: Walter Ave „ Chico. Engineer: Walter B. Grimes & Assoc. 72-943 REPORT FROM MR, BILL WILLIAMS ZONING INSPECTOR Mr, Bill Williams, zoning inspector, reported on zoning matters. Procedures explained. He felt there were some flaws in the procedure where zoning is concerned. He has investigated on the average of 3 to 4 violations per day, He has about 15 outstanding cases that need to be enforced, To date he has received nothing back from County Counsel. He said he would like to know how much of the burden of enforcement they are to enforce. He has been deputized as Page 92, May 30, 1972 May 30, 1972 a special deputy. He asked if he should issue citations, What is the extent of his position, County Counsel said he did not think it would be wise to have Mr, Williams go out and arrest anyone, The complaint should be authorized by the District Attorney. Mr. Blackstock explained how the matter should be handled, He explained that there were cases that are outstanding, Mr. Williams stated that the ordinance did make provision for the issuance of citations. Enforcement of zoning ordinances discussed, Supervisor Reynolds felt that something should be done in this matter, Mechanisms should be set up to handle this matter. Mr, Lawson said that mechanism is set up in Ordinance No, 1044, 1P~r. Lawson said that once they have written the letters, at that point in time if it is determined that the person is in violation, County Counsel follows throagh o~ ghe matter. Copies of the letters are mailed to various people throughout the County. It was felt that the Chairman of the Board should be added to the mailing list. Dan Blackstock, County Counsel, said he was going after volanrary compliance by the violators, Tf this does not work, then he will go after the citations. Mr, Blackstock said all the cases could be brought before the Bo~.rd in two weeks then the Board could decide what they want to do with them, Mr. Williams will meet with County Counsel and determine what is required in this matter. Chairman Gilman said he would meet with them; he will set up a meeting within the next two weeks and all parties involved will meet and discuss the matter. 72-944 APPEARANCE OF MRS. JOSEPHINE ORMAtd PALERMO Mrs. Josephine Orman, Palermo said she would like it a matter of record that they have requested the use of the fire station in Palermo, She said they have knowledge that the sewage group was going to request the use of this building. She asked why all the community could not use the building, She had a petition signed by 100 people requesting the use of the old fire station, Supervisor Reynolds said it should be used by the total community of Palermo, 72-945 APPEARANCE: DAN PELLIC_OTTI, OROVILLE SPEARING ON BEHALI' O1' VISTEC, INC, Mr, Dan Pellicotti, Oroville, spoke on behalf of Vistec, Inc. He asked County Counsel for his interpretation of a community sewage system. He said that last Tuesday afternoon the Chico City Council appointed a committee of three to talk to them to resolve something about the Vistec~development, Mr, Pellicotti said they wanted to divorce themselves from the City of Chico and have the County handle the matter, Mr, Blackstock stated that the definition of community sewers has been set down by the Board members, They had stated that the sewer system should be Qublicly owned and maintained, Vistec desires to have a sewer system approved by the Health Department and the Water Quality Board, A11 agencies have approved this system. All they want to do now is proceed with the building and take out the use permit. They would like to proceed with construction. They will pvt up the bond and will satisfy the forest service in reference to the fire hydrants, Chairman Gilman asked Mr, Pellicotti what had happened at the meeting with the committee appointed by the Chico City Council. Chairman Gilman felt Mr, Pellicotti was a little premature in asking this Board for anything until the Board sees the results of the City of Chico meeting. Time spent discussing the request of Mr. Pellicotti. Chairman Gilman Page 93. May 30, 1972 May 30, 1972 felt that any action at this dime would be premature, Mr. Blackstock stated that the Committee would report back to the City of Chico, Mr, Pellicotti felt that this Board should take some kind of initiative and give them the order to go ahead. Mr, Castleberry said that they have made a preliminary investigation of the Vistec plans; they will not process them until a decision is made on the community sewage system, Mr, Pelliocotti requested Board action at this time. Chairman Gilman felt the Board needed some official determination from the City of Chico before the Board takes action, Matter placed back on the agenda for June 13th, 1972, Public Works will continue with the processing of the use permit for Vistec. 72-946 DISCUSSION: ADOPTION PROGRAM: REPRESENTATIVES OF CHILDREN HOME SOCIETY Ed Robinson, Welfare Director, said there was an item that did not get on the agenda. There are representatives of the Childrens Home Society present that would like to discuss the adoption program, They would like to determine whether the Board will approve the subvention of the program, Mr, Robinson read his. memo to the Board on his recommendations, They all agree that there is a need for an adoption agency in this County, His recommendations set out and discussed. Mr. Robinson feels that a satisfactory agreement could be reached with the State for these services. Supervisor Maxon said that the care of these children has cost the County a great deal. Mr. Robinson said he had hoped that he would have the State worker present to explain this matter. .This person could not be present today. Mr. Bill Retzer, Chairman of the Childrens Home Society, present and set out the views of the Society. He had material concerning this program, He said there were many of the children in foster homes for a good many years. They feel that they can help solve this problem by working with the County. Program set out and discussed, The Childrens Home Society does not have the money to investigate these matters. Carl Cunningham, Chico, reported on the children placed in the foster homes. He said there were many of the older children in foster homes; these children have to be released to be put up for adoption. He said the County would have a licensed agency working with them. They can get the children out of foster homes and into homes that will take care of them. This program would cost the County $20,000; Request of Children's Home Society discussed, Mr. Robinson requested to have the State representatives appear at a Board meeting to discuss the matter, Matter placed back on the agenda for Tuesday, June 20th for further discussion. 72-947 APPEARANCE OF BILL KERRY PENTZ ROAD: DEEDING OF RIGHT OF WAY TO COUNTY Mr, Bill Kerby, Paradise, said he has a 77space travel trailer park planned for above the Lime Saddle Marina, He has received his use permit to go ahead with the project. One of the conditions of the use is that he deed 80' of frontage on Pentz Road to the County. This land would take care of i5 trailer units. He said if he deeds this land to the County, he cannot go ahead with his project. In the purchase agreement there is a release clause, He will have to pay the seller $6,000 if he deeds this land to the County. County Counsel requested that he bring his papers in and he will discuss the matter with him this afternoon, No action taken at this time. Page 94. May 30, 1972 May 30, 1972 72-948 APPEARNNCE OF MR, ROBERT BABE, PALERMO, USE OF FIRE HALL Mr. Robert Rabe, Palermo, made a statement about the use of the old fire hall in Palermo, The Action Council had a meeting and they have requested that they have the use of this building, The intent is that the wholecommunity have the use of the hall. It was suggested that this matter be discussed at the time of the official opening of the Palermo Fire Station, No action taken at this time; to be discussed at the opening of the new fire station in Palermo, RECESS: 1:00 RECONVENED: 1:30 72-949 DISCUSSION: CHANGE ORDER INVOLVING PANIC HARDWARE FOR NEW SUPERIOR GOURT BLDG. Mr, Gene McFarren, County architect, appeared to discuss changes in the new Superior Court building.. He said he has not had a chance to discuss the matter with the Judges following last Thursday's event. A meeting had been scheduled for this evening but it will not be held, He said he would like to have the Board members present at the time of the meeting. He had before him the matter of panic hardware, The action of the Board previously was to eliminate this from the Courtroom. The Board members felt that Mr. McFarren should meet with the Judges and discuss security measures with them. It was stated that the law mandates panic hardware, Doors with automatic locks on them discussed; these go into private corridors, It was stated that if the Board should approve the doors without panic hardware, then the Judges would be held liable. This point should be taken under serious consideration, It was felt that after the meeting with the Judges, it will be known what is wanted, Matter to be placed back on the agenda after the discussion with the Judges. Mr, McFarren felt that the Board members and the Administrative Officer should be present.at the meeting, The meeting will be held Wednesday morning, May 31, 1972, at 9:00 a,m. at the new court building, Supervisor Reynolds stated he would be present at the meeting. No action taken at this time, 72-950 PUBLIC HEARING: MATTHEW M. METER PROPOSED REZONING FROM "A-R" TO "R-4" PROPERTY LOCATED ON THE WEST SIDE OF GUYNN AVENUE CHICO, The public hearing on the Matthew M. Meier proposed rezoning from "A-R" to "R-4" for property located on the west side of Guynn Avenue, Chico, was held as advertised, Jerry Scott, assistant Planning Director, summarized the action of the Planning Commission, Planning Commission recommended approval on a vote of 8-0. One member absent, Hearing opened to the public. Appearing in opposition: no one. Appearing in favor: no one, Hearing closed to the public and confined to the Board, 72-951 ADOPT ORDINANCE N0, 1272, ZONING A PORTION OF THE COUNTY AN "R-4" DISTRICT, PROPERTY LOCATED ON WEST SIDE OF GUYNN AVENUE, CHICO On mofion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, Ordinance No, 1272, zoning a portion of the County an "R-4" District, for property located on west side of Guynn Avenue, Chico, was adopted and the Chairman was authorized to sign. 72-952 PUBLIC HEARING: APPEAL OF HEARING FOR 7-11, SOUTHLAND CORPORATION REQUEST FOR A USE PERMIT FORA SELF-SERVICE GASOLINE DISPENSING ISLAND ON PROPERTY LOCATED ON NORTHWEST CORNER OF EAST AVE. & CERES AVENUE CHICO The public hearing on the appeal of the hearing for 7-11 Southland Corporation request for a use permit for a self-service gasoline dispensing island on property located on nor~wgeest corner of East Ave, & Ceres Avenue, Chico 95. May 30, 1972 _ _ _ _ _ _ _ _May_30,_1972 - - - - - - - - - - - - - - - - - - - - - - - was held as advertised. Jerry Scott summarized the action of the Planning Commission, Planning Commission denied the application. Application discussed, Hearing opened to the public. Appearing in opposition to the use: no one. Appearing in favor of the use: 1. Mr, Ca r1 Garrett, Field representative for 7-11 Food Stores. He explained the purpose of this use. This will not interfere with the flow of traffic. He does not feel that the use would be harmful to the area. It will conform with the neighborhood plan, Time spent discussing the plans as presented by applicant. Curbs, gutters and sidewalks have been constructed, Mr. Scott said the basic reason leading up to this problem was that it was not a fully compatible use, There seemed to be a sufficient number of service stations in the area. Hearing closed to the public and confined to the Board, Supervisor Madigan said he could not go with overruling the Planning Commission's decision, It was moved by Supervisor Maxon that the appeal for the use permit fora self-service gasoline dispensing island on property located on northwest corner of East Avenue & Ceres Avenue, Chico, by 7-11 Food Stores be approved. Motion died for lack of a second, It was moved by Supervisor Madigan, seconded by Supervisor McKillop and carried, that this Board support the Planning Commission's decision of denial of the use permit for a self-service gasoline dispensing island on property located on the northwest corner of East Avenue and Ceres Avenue, Chico, by 7-11, Southland Corporation. AYES: Supervisors Madigan, McKillop, Reynolds and Chairman Gilman NOES: Supervisor Maxon 72-953 PUBLIC HEARING: TENTATIVE MAP N0, 7, LASSEN PARK, 29 LOTS, EAST SIDE OF GUYNN A_VE_NUE_,__NO_RTH SIDE OF EAST AVENUE, CHICO, The public hearing on the appeal of the tentative Map No, 7, Lassen Park, 29 lots, east side of Guynn Avenue, north side of East Avenue, Chico, was held at this time, Mr. Scott summarized the actions of the Planning Commission. Subdivision Committee conditions set out and discussed. Hearing opened to the public at this time. Appearing in opposition to the map (those that appealed this matter); this concerns the conditions: 1. Mr. Ray Mathews. He represents the proposed subdivider, He explained what they intended to do with the property, They want to develop the area, The building of the curbs, gutters and sidewalks discussed. They object to the building of the sidewalks and the drainage requirement. Mr, Walter Grimes, engineer for the project, showed how the property could be drained without have to put in the curbs and gutters. West Haven Subdivision is improving their property and they are placing a drain in. A droplet could be put in for drainage of this property in question. He explained the matter of drainage for the property. This could be approved subject to the owner assisting in the placing of the curbs, gutters and sidewalks, Each owner could pay his own share, Mr. Grimes said that the developer was requesting that the curbs and gutters on the other property be deleted, Also appearing: Mr, Allan Alexander, He is the owner of the property. He feels that the sidewalks would be useless in this area. He would go along with the curbs and gutters, but not the sidewalks. Hearing closed to the, public and confined to the Board. Matter discussed, Page 96. May 30, 1972 ______________ May=30,-1972 - ------_- __ _-___ The deletion of Item 4 of the Planning Commission's recommendation discussed, On motion of Supervisor Gilman, seconded by Supervisor Reynolds and carried, the Lassen Pgrk tentative map No. 7, 29 lots, east side of Guynn Avenue, north side of East Avenue, Chico, was approved, subject to the 12 conditions of the Subdivision Committee. AYES: Supervisors Madigan, McKillop, Reynolds and Chairman Gilman NOES: Supervisor Maxon. 72-954 PUBLIC HEARING (CONTINUED) APPEAL OF USE PERMIT JAKE KEELY, WEST LTNAO AVENUE, CHICO !~~ l~ J The continued hearing on the appeal of use permit for Jake Keeley, West Lindo Avenue, Chico was held at this time. Jerry Scott, Assistant Planning Director, explained the actions of the Planning Commission. This was discussed last Thursday night at the Planning Commission meeting. They listened to the conditions of both sides. The report back to the Board was to support the previous motion made by them. RECESS: The Board recessed at 2:45 to attend the funeral of Perry Farmer. RECONVENED: The Board reconvened at 4:05 following the funeral. 72-955 DISCUSSION: PROPOSED EXHIBIT FOR LOS ANGELES FAIR Bob Nicholson, economic Development Director, presented the mock up of the proposed exhibit for the Los Angeles fair, State Fair and National Orange Show as prepared by Skidmore Displays, Exhibit discussed. It will be an animated design; the pictures will be selected from prominent places in the County, The theme will be "Recreation", Agricultural products will be placed at the bottom of the display, He set out a lined display for the County fair exhibit. It will be a four-sided concave design that will revolve, Otx mc~*ian of Supervisor Maxon, Seconded by Supervisor Reynolds and unanimously carried, the Board approved the proposed exhibits for the Los Angeles Fair, State Fair and National Orange Show end the County Fair exhibit, at a cost of $3,560, plus the prize money, Contracts to be returned to Board for approval, 72-956 APPROVE APPOINTMENTS TO EXECUTTVE COMMITTEE OF OEDP Naminations have been. made for minority representation on the Executive Committee of the OEDP committee, They are George Walton and Jose l:ais Lopez, Others qualified for membership because of the position they hold are: Arthur C. Elmore to replace E, Del Hyde; George Sankster replacing Lindsay Van Tongeren; Laverne Longacre replacing Hannah Lampkin; and Geri Snyder replacing James Purdy. Appointments discussed. On motion of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, George Walton, Jose Luis Lopez, Arthur C. Elmore, George San g~ter, Laverne Longacre and Geri Snyder were appointed members of the Executive Committee of the OEDP committee. 72-957 MEETING SET FOR EMPLOYEES TO DISCUSS SALARY PROPOSALS WITH BOARD Mr. Charlebois, Manager of the Butte County Employees Association, requested a night meeting with the Board so that the employees could discuss the disagreement over the salary proposal with the Board, He explained his request, They would like to have the evening meeting so that County employees could attend. He has made it clear to the employees what is proposed by the County i.n the way of salaries, He said he would like to have the employees to have an opportunity to understand the stand taken by the Board members. This is a request by the Board of Directors of the Association, June 14th, 1972 at 7:00 p,m. set as hearing between the Board and the Butte County Employees Association and county employees, . k. Page 97. May 30, 1972 ---- ------=====May=30'=1972 =___-__ _____ __-_ 72-958 CONTINUATION OF HEARING ON APPEAL OF USE PERMIT FOR JAKE KEELEY, CHICO The Board wandered if the applicant realizes that this matter is before the Board. Jim Lawson, Planning Director, summarized the actions of the Planning Commission. Everything was reviewed by the Planning Commission. Hearing opened to the public at this time. Appearing: Mrs, Ila McCampbell, West Lindo Ave,, Chico, She explained her opposition. If this is approved, then other use permits could he approved, They feel that this property is fully developed now and the use permit should not be approved, Development of the property set out and discussed, No one else appearing in opposition. No one appeared in favor of the use permit, Hearing continued to Jur..e 13th, 1972 at 1:30 p.m, 72-959 ADOPT RESOLUTION 72-105, APPROVING GRANT CONTRACT WITH CCCJ FOR DRUG ABUSE EDUCATION Howard Casagrande was present to discuss the grant contract for a student assisted design for drug abuse education in the amount of $4,905, which has been approved by CCCJ, The project is to be conducted by the Superintendent of Schools office. The grant contract has been approved by Auditor and County Counsel, Mr, Casagrande explained the grant. Matter discussed, On motion of Supervisor Reynolds, seconded by Supervisor Maxon and unanimously carried, Resolution 72-105 approving grant contract with CCCJ for drug abuse education in the amount of $4,905 was approved and the Chairman was authorized to sign, 72-960 ADOPT RESOLUTION 72-106 APPROVING USE OF SPACE IN JAIL BUILDING FOR CRIME LAS Supervisor McKillop questioned Mr. Casagrande about the use of space in the jail building for the crime lab, for CCCJ. Matter had been approved but no formal action had been taken, On motion of Supervisor Reynolds, seconded by Supervisor Maxon and unanimously carried, Resolution 72-LOb approving use of space in the jail building for the criminal lab, by CCCJ, of space previously used by Civil Disaster, was adopted and the Chairman was authorized to sign, said resolution to be forwarded to the Attorney General's office. 72-961 DENY NON-CONFORMING USE FOR JAKE KEELEX WEST LINDO AVENUE CHICO C1if M~ickelson, Administrative Officer, stated that he had telephoned Mr, Stan Sedor, attorney for Jake Keeley, and asked if they kaew of the hearing that was to be held at I:30 this date, Mr. Sedor said that the applicant had felt that the chance was too slim to win so he said he would not request that Mr, Sedor be present at this hearing. The applicant did know of the hearing date. Board members felt they should proceed with the matter, rather than cantinue it to Tuesday, June 13th, Hearing closed at this time. On motion of Supervisor Gilman, seconded by Supervisor Madigan and carried, the Board denied the non-conforming use permit for Jake`.:eeley, West Lindo Avenue, Chico, and they did not concur with the Planning Commission that the applicant could build one unit, AYES: Supervisors Madigan, McKillop, Reynolds, Chairman Gilman NOES: Supervisors Maxon. 72-962 CONTINUATION OF DISCUSSION WITH MR. KIRBY CONCERNING RELEASE CLAUSE ON RIGHT OF WAX TO COUNTY Dan Blackstock, County Counsel, stated he had examined the release clause in the sale agreement for Mr, Kirby for property on Pentz Road, Mr, Kirby would have to pay the seller off at the rate of $3,000 per acre, There had been a great many problems years ago concerning appeals, Procedures had been set up, These matters could be appealed to, the Board within a certain time.- Mr, Kirby knew of Page 9g, May 30, 1972 ______________TMay~30,_.1972 __ the condition concerning the deeding of the right of way to the County, He could have appealed this condition. Mr, Blackstock said the County apparently was not going to build the road for some time, The County could take a deed from Mr, Kirby, realizing that the County would not have clear title to the property at this time, When the loan Was paid off, the County could then have clear title, Problem discussed. Mr, Blackstock said he would prefer to give a written opinion in this matter. He would like to discuss the matter with Mr, Castleberry, Matter to be placed on the agenda for Tuesday, June 13th, 1972, No action taken at this time, 72-963 RECOMMENDATION FOR ADDITIONAL ALTERNATE MEMBER FOR ASSESSMENT APPEALS BOARD: TAKEN OFF AGENDA AT THIS TIME The recommendation for additional alternate member for Assessment Appeals Board was taken off the agenda at this time. 72-964 REPORT: PETITION SIGNED BY CANNERY-OLIVE WASTE Dan Blackstock, County Counsel, reported on the petition signed by people concerning the cannery-olive waste problem, He stated he had written to the zoning investigator for the District Attorney and to the Health Department, The zoning inspector was unable to locate any siga of this dumping. Lynn Van Hart of the Health Department made an investigation; the Water Qaulity Control man took some samples. The waste was investigated because of the stench, Mr, Blackstock read his report on this matter, Mr, VanEtart's statement was not read because of its length, The Water Quality Control Board has requested that the cannery submit a report concerning their disposal of waste materials,. The District Attorney wrote to the Sheriff concerning this matter. Mr. Blackstock said he has not received anything back from the District Attorney concerning how far he has gone in the matter. Mr, Blackstock stated that these people had taken the trouble to bring in this petition and he wanted them to know that the matter was being handled, No action needed at this time. Supervisor McKillop asked if the petitioners were going to be notified as to the action taken by County Counsel. Mr. Mickelson was requested to write a letter to them informing them of what has been done, 72-965 REPORT ON THE MILK TNSPECT_ION PROGRAM AS REQUESTED LAST WEEK Howard Toussaint, Health Department, reported on the milk inspection program as the Board had requested Dr, Heindl to do last week. He set out the costs for inspection of the milk by the State, The costs will be less if the County does the lab work. Supervisor Reynolds explained what he felt was needed, He asked if there was any charge for checking the milk at the stores, dime spent discussing.. the action that should be taken by the Board. It was £e1t the Board had ehvugh information on this matter. No action taken at this time. 72-966 FURTHER DISCUSSION CONCERNING THE DEEDTNG OF LAND BY MR, KIRBY TO THE COUNTY Mr. Kirby asked if the Board was going to help him concerning the deeding of the right of way to the County, Supervisor McKillop told him that there was no decision that the Board could make at this time, His appeal was not registered in time, Discussed the building of the road and the securing of the rights of way for the road, The County could accept a deed for the right of way but it would not be a clear title deed. He would have to secure a release from the title company on the deed of trust. Mr. Castleberry said he hoped that this could be worked out. Mr, Blackstock said he would work with Mr. Kirby in this matter and maybe something could be worked out within the n ext two weeks. County Counsel said he would try and work with the title company in this matter. Mr. Blackstock requested that Mr, Kirby bring in all his papers so they could determine what can be done. No action taken at this time. Page 99. May 30, 1972 May 30, 1972 72-967 APPROVAL BY RESOLUTION OF APPLICATIONS OF PHYSICIANS & SURGEONS FOR MEMBERSHIP TO COMMUNITY HOSPITAL MEDICAL STAFF: PUT OFF TO JiJNE 13 Supervisor Madigan requested that approval by resolution of application of physicians and surgeons for membership to the Butte County Community Hospital medical staff be put off to Jvne 13th, 1972, No action at this time, Placed on the agenda for Tuesday; June 13, 1972, 72-968 APPROVE EXEMPTIONS FROM HIRING FREEZE On motion of Supervisor Reynolds, seconded by Supervisor Madigan and unanimously carried, the following exemptions from hiring freeze were approved: Library: 1 Librarian II, extra help 1 Clerk I, extra help Welfare: 3 Eligibility Worker I/II I Aecount Clerk II Public Works: 1 Jr. Engineering Aide 72-969 LEAVE OF ABSENCE APPROVED On motion of Supervisor Maxon, seconded by Supervisor Reynolds and unanimously carried, a six week nan-compensated medical leave of absence was approved for Doris Hammons, Welfare Director, from June 12, 1972 through July 3i, 1972. 72-970 AUTHORIZE PURCHASE OF FIXED ASSET: JUVELINE HALL On motion of Supervisor cKillop, seconded by Supervisor Gilman and unanimously carried, a purchase of replacement refrigerator for Juvenile Ha 11 was authorized in the amount of $745, plus sales tax, funds to be transferred from the reserve. 72-9.71 TRAVEL REQUESTS APPROVED On motion of Supervisor .Reynolds, seconded by Supervisor Madigan and carried, the following travel requests were approved: 1, Carl M, Wick, Farm & Home Advisor Dept, to participate in rice technical working group meeting at Davis June 19 through 22, 1972. Three nights lodging, Estimated cost of trip $b0. Travel by county car, 2, Glenn Roe, Health Department. to attend a narcotics and dangerous drugs workshop in San Jose June ~,1 through 16, 1972, Five nights lodging, Estimated cost of trip $175. Travel by private car; The funds for this travel come out of the drug control project funds, 3. Janie Whitson, Hiawatha Houston and Sue Kaider, Health Department, to attend a specialized training for community aides at an OEO family planning workshop in Asilomar Wednesday, May 31 through Saturday June 3. Three nights lodging. Estimated cost of trip nothing as expenses are paid by the California Interagency Council on Family Planning. Travel by private car. 72-972 BUDGET~TRANSFERS APPROVED flit motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, the following budget transfers were approved: B-142 Agriculture - $350 from fixed assets to utilities B-143 District Attorney - $1,200 from office expense and $1,200 to professional and specialized services, with money coming from the following: special departmental expense $600; transportation and travel $600 and fixed assets -deletion of keypunch equipment $1,200, B-144 Library - $600 from salaries and wages regular to office expense B-145 Mental Health - .$500 from salaries and wages regular to office expense - ~; Page 100. May 30, 1972 _________-_ -=May=30,-1972_________________ 72-973 CHAIRMAN & SUPERVISOR MAXON TO GO TO SAN FRANCISCO TO DISCUSS STATUS OF EOC FUNDS Clif Mickelson, Administrative Officer, reported that he has been informed that Mr, Mac Hall would be available to meet with the Board members on June 5, 6th & 7th to discuss the details of the additional $50,000 grant for EOC. The County would like to secure this information from Mr, Hall. Mr, Michelson asked if any of the Board members could go to San Francisco to meet with Mr, Hall. Matter discussed. Chairman Gilman and Supervisor Maxon was authorized to go to San Francisco to meet with Mr. Hall to discuss the status of funds on one of the days set out by Mr. Mickelson, 72-974 RESCIND ACTION CONCERNING DECLARATION FOR PLACING OF TRAILERS ON ZONED PROPERTY: APPROVE DECLARATION TO APPLY TO A-2 DISTRICTS ONLY Supervisor McKillop said he felt this morning's action concerning the adopting of the declaration for the placing of trailers on property should be rescinded, The declaration should be used for A-2 zoned areas only, ha felt, Mr, Blackstock explained the purpose of the declaration. He felt that it could be used in A-3 zoned areas also, Use of the declaration discussed, Supervisor McKillop said if .the concept was to be made broader, then theBoard should get the recommendation from the Planning Commission, He felt the matter should be studied by the Planning Commission. Declaration discussed, It was moved by Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried that the action taken by the Board this morning in the adoption of the declaration to be used for the placing of trailers on private property was rescinded; the declaration was then re-adopted to be applicable on A-2 zoned property only, and the declaration was referred to the Planning Commission for their study of use in other zoned areas. 72-975 ACTION ON PRESS RELEASE CONCERNING HOSPITAL INITIATIVE Press release concerning the hospital initiative presented by Mr, Mickelson, Release read and discussed, A copy of said release is attached to these minutes and made a part of the minutes,, Supervisor Maxon said he felt very strongly about the initiative; he feels that it is a blank check for future tax funds. It was moved by Supervisor Reynolds and seconded by Supervisor .McKillop that the press release presented and read above be opposed, AYES: Supervisors McKillop and Reynolds NOES: Supervisors Madigan, Maxon and Chairman Gilman '~ Motion failed, /~~~`~ It was moved by Supervisor Maxon, seconded by Supervisor Madigan and carried, that the press release prepared concerning the hospital initiative be approved, AYES: Supervisors Madigan, Maxon and Chairman Gilman NOES: Supervisors McKillop and Reynolds 72-976 DISCUSSION: STATEMENT FOR ASSESSMENT APPEALS BOARD Dan Blackstock, County Counsel, stated that some time ago the Board had requested the Assessment Appeals Board to prepare a statement to be given to applicants appealing their taxes, He has received the statement but he was unable to mail out copies to the Board members in time for this agenda, Statement discussed, Board will take action on the statement on Tuesday, June 13, 1972, 72-977 MATTERS PRESENTED BY BOARD MEMBERS Supervisor Madigan announced that Fish & Game had approved the hunting of deer with dogs, Information item, Supervisor Madigan requested that the Administrative Officer write a letter to the Farm Bureau objecting to their statement that AB 1000 was the democratic bill, Mr. Mickelson will write a letter concerning this farm bill. Chairman Gilman said that in his effort to keep the Board apprised of what is 4` going on in the Sacramento Valley Coordinating Council, he would like to report Page 101. May 30, 197? - - - - - - - - - - - - - - - -Ma y_30, _1972 on the plans that are being proposed, They did take a stand against Prop, No. 9, They also took a position opposing AB 681. He said there is a need, for a letter to the Governor if the Board concurs with the supporting of a man from Agriculture to the 5 man committee to be appointed. Appointment discussed. The support of the Council was for a man named Lemmon who had sewed under Jerry Fielder and is well versed in the area of pesticides. This was the choice of the Coordinating Council. It was felt that a letter to the Governor about the desirability of the appointment of this man should be approved, He said there was also another bill, AB 806, that would create an umbrella type agency that would over look all these matters. Chairman Gilman felt that the bills should be opposed, and that the Board should support the appointment of Mr, Lemmon. On motion of Supervisor McKillop, seconded by Supervisor Maxon and unanimously carried, the Board opposed the above bills, approved the appointment of Mr, Lemmon to the 5-man committee and authorized a letter to be written to the Governor and the people, involved in this matter. Supervisor Maxon said there was a bill in the hopper, SB 776, that would made SKAG in Los Angeles a mandatory regional type group. He would like County Counsel to review this bill and report back. Mr, Blackstock stated that he would review the matter and would report back on June l3, 1972. 72-978 ADOPT RESOLUTION 72-107 IN MEMORY OF PERRY MACK FARMER On motion of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, Resolution 72-107 in memory of Perry Mack Farmer was adopted and the Chairman and Board members were authorized to sign, ADJOURNMENT There being nothing further before the Board at this time, was adjourned at 6:20 in memory of Perry Mack Fax on Tuesday, June 13, 1972 at 8:00 a,m, ATTEST: CLARK A, NELSON, COUNTY CLERK r By• . Board of Su rvisors Clerk Page 102. May 30, 1972 this meeting