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HomeMy WebLinkAboutM071073July 10, 1973 STATE OF CALIFORNIA ) 55, COUNTX OF BUTTE ) The Board of Supervisors met at 9:00 a,m. pursuant to adjournment. Present: Supervisors Cameron, Gilman, Ladd, Madigan and Chairman McKillop. Clif Nickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark A, Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. INVOCATION: Rev. Dewain Arnold, First Christian Church, Oroville Pledge of allegiance to the Flag of the United States of America 73-1085 APPROVAL OF MINUTES On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the minutes of June 26, 1973 were approved as mailed with the change in Item 73-1061, Page 313, to state that the Patrick R, McIntire parcel.map was approved with the condition omitted concerning the temporary drainage provision, 73-108b COMMUNICATIONS William Wobbe, Citrus Heights. Mr, Wobbe calls attention to dangerous conditions .t ~ Z ~p J on Big Bend Road, approximately two miles east of Highway 70 caused 7 by a very sharp turn. Referred to Director of Public Works for answering. T1ynn H. Wixom, chairman, Foothill's Residents League. Mr. Wixom requests that / ~ 3 4 D the interim S-2 zoning be extended for an additional 90 days, To be handled at time Planning Director is present, Gary T. Lippincott, Paradise. Appeal is filed to the decision of the Planning ~ $.d D Commnission on parcel map for Lyle Close, AP 53-15-111, ~ Set for July 17, 1973 at 1:30 p.m. Forces to Restore Earth's Environment, Chico, The Organization requests consideration for establishment of a recycling center in Paradise, ~'~ ~ Referred to Director of Public Works for handling, Mrs. George E, Murray, Chico. Mrs, Murray urges revacation of the use permit ~t 3 .p ~ for location of Tau Gamma Theta Fraternity. Set for July 24, 1973 at 2:00 p,m, Phillip C. Hour, Chico, As attorneys for Tau Gamma Theta Fraternity, an appeal p p is filed to the decision of the Planning Commission on June 28, 1973 ~~ 3' for alleged grounds of nuisance, Set for July 24, 1975 at2:00 P•m• ~~0 ~ Noel Highfill, Chico, Mr. Highfill writes regarding public defender problems. ~ S Discussed; no action taken. Leonard and Lyde, Oroville. The Attorneys write regarding Board action on claim ~ 4, y S~ of Dr. Wilfred Olson. Board members received copies of this communication. No action taken, Steven A, and Kathryn C. Schmidt, Chico. The Schmidts file appeal to the Planning t~ 3,~ Q Commission's decision regarding their tentative map on AP 54-191-b8. Set for July 17, 1973 at 1:30 p,m, Rich, Fuidge, Dawson, Marsh, Morris, Sanbrook & Groove, Inc, The Attorneys file claim on behalf of Neves Construction Company in the matter of the Superior Court construction contract in the amount of $217,468.31. See motion following communications. Page 320. July 10, 1973 ----------- --~--Jv1y10„1913_----- ~----~-- ~ - SID p County Assessor, The Assessor files report on the assessment roll for 1973-74 fiscal year, Information; required by law to be filed with the Board, Gridley Memorial Hall Committee. The term of Jim Faye on the Committee has Q~ v Q expired and it is extremely difficult for him to continue to attend ' meetings, The Committee recommends appointment of Lester T. Hepworth as a replacement. Referred to Supervisor Ladd for handling, Ted Klemm, youth supervisor. Mr. Klemm forwards copy of his letter to Ray Cheroshe, ~p district director of the Children's Home Society and suggests that 24 ~~ U ~ hour contact be eseablished for handling crisis situations through a relationship with the Bridge in Chico, Discussed; Administrative Officer will follow through on this, Butte County Historical Society, The Society feels that the suggestion for using d Q historic names for Paradise streets is a good one, but suggests that .tl~. Q' Paradiae Fact and Folklore, Inc, be consulted in regard to establishing 'T authenticity of suggested names. Referred to Director of Public Works to handle, Butte County Historical Society. The Society encloses letter from Mrs. Myrtle Goldsmith which relates incidents regarding logging damage to cemetery on private / p p,s 3 property at Berry Creek, Referred to Public Works Director to determine extent of the damages; he will work with Dr, Heindl on this matter. California Humane Council. The Society writes to support AB 2100 which provides ~~, for control of breeders in California. They cite statistics on increase / p ~• of animals over a three year period and state that number of animals has gone up 33% and the coat of handling animals about 50%• County Counsel will review the bill and will give the Board a breakdown on the bill. E1 Medio Fire District, The District requests consideration fox a grant of ~,,~- $50,000 from federal revenue sharing funds to help with construction of ~ O ~" new quarters for the District, Letter to be answered stating that the Board will study the request and give it consideration, Yuba County Superintendent of Schools, Certification of total money required for ~~ (,!~ ~ identification and education of physically handicapped minors is filed, Information only. County of Los Angeles. Endorsement of Senator James R, Mills' proposed Senate y Constitutional Amendment $15 is solicited, This is in regard to the 0 d, Z single transportation fund concept fox equitable distribution of state highway construction funds. Chairman McKillop stated he had attended a meeting last week concerning this matter; report to be given next week, County of Sutter. The County forwards its Resolution No, 73-118 urging the State y O.~ ~ to assume the total administration of welfare, Discussed; no action taken. State Air Resources Board, The Board forwards its Resolution No. 73-34, dated June 21, 1973, approving the request of Plumas, Placer, Sierra, E1 Dorado ~ ~ and Nevada Counties of the Sacramento Valley Air Basin and Amador, 3 ~ ~' Calaveras and Mariposa Counties of the San Joaquin Valley Air Basin be placed in a new air basin to be known as the Mountain Counties Air Basin, Discussed; no action taken, State Department of Wafer Resources, The Department forwards statement of charges under Article 29 of our contract for water from the State Water Project. ,r~'~~ O Charges under amended Article 22 of the contract would be $6,512 and if charges under Article 22 unamended would be $8,336, Discussed; Administrative Officer explained the situation, No action taken, Senator Fred W, Marler, Jr, Senator Marler expresses thanks for Butte County's Z opposition to SB 1274 authored by Senator Nejedly which would change / D O. L the allocation of federal revenue sharing funds to the detriment of all but one county. Information only; no action needed, Page 321, July 10, 1973 -r-----------~ --JulylOs 1973--------------.. .. Governor Reagan. The Governor writes regarding a resolution passed by Sacramento ~ U Q,~-'"' County opposing a tax limitation plan, and encloses date answering interpretations embodied in that resolution. Discussed; no action taken. Governor Reagan. A copy of special election proclamation declaring that a / O r,,. Q ~ special statewide election be held on November 6, 1973 on the tax and expenditure limitation initiative is filed, No action required, Bureau of Reclamation, An invitation to attend retirement dinner for Mr, Robert ~ p ~, 0 C7 J, Pafford, Jx., regional director in the Sacramento office of the Bureau of Reclamation is extended, Information only. S 7 Paschal R. Yarbrough. Resignation sent to Thermalito Irrigation District / p0' setting out his resignation, See motion following communications, Thomas E, Evans, County Superintendent of Schools. Certification of funds required for Mentally Retarded Minors in 1973-74; certification of funds required for 0~~0 ~ education of severely mentally retarded minors in 1973-74; certification of funds required for physically handicapped minors; certification of funds required for development center for handicapped minors in 1973-74 and certifi- cation of funds required for Juvenile Hall School in 1973-74, Information on 1y; to be discussed during budget session. Letters fromMrs, Renee Roll and Mr, and Mrs, Phillip R. Berriman. This concerns ~ y.p O snow removal, during the winter time, from the Humboldt Road between Highway 32 and Butte Meadows. Discussed; to be discussed again during budget sessions. p ~ Charles Andrews, Attorney at Law. Appeal of Nadine Jeffery parcel map. To be 1~~~ handled when Planning Director is present, ~r,~,df~William P• Seteforthearin aonlJul lppha11973Matk1L30per tentative parcel map. g y , p.m. Chairman McKillop. Position paper on the forthcoming Butte County Hospital election. ~ 0 q,0a Read; no action taken, 73-1087 REJECT CLATM OF NEVES CONSTRUCTION COMPANY IN THE MATTER OF THE SUPERIOR COURT CONSTRUCTION CONTRACT On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the claim of Neves Construction Company in the matter of the Superior Court Construction Contract for punitive damages i)1 the 3mouIIt Of $150,000 was rejected and referred to County Counsel, and that the remainder of the c18im was not acted upon because of it8 insufficiency, 73-1088 ACCEPT RESIGNATION OF PASCHAL YARBROUGH DTRECTOR OF THERMALITO IRRIGATION DISTRICT On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the resignation of Paschal Yarbrough as director of Division 5 of the Thermalito Irrigation District was accepted, Tuesday, July 17, 1973 was set as time to interview candidates to fill this vacancy, Clif Mickelson, Administrative Officer, will notify the candidates of time fox interviews, 73-1089 PUBLIC HEARING ON 1973-74 BUDGET The public hearing on the 1973-74 budget, set in compliance with Government Code Section 29,066 was held as advertised, Hearing opened to the public; no one appeared to discuss said budget, Hearing continued to Wednesday, July 18, 1973 at 10:00 a.m, 73-1090 PUBLIC WORKS ITEMS APPROVED On. motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following public works items were approved; Page 322, July 10, 1973 ^-_ ^---,~_-- _^July-10,-1973---^----------- 1. Accepted the work of Butte Creek Rock Company for the reconstruction of Ord Ferry Road from Goodspeed-Watt Road to 500 feet west of Chico-Butte City Highway, authorized theChairman to sign the Notice of Completion and the Clerk was instructed to record said Notice with the County Recorder, 2, Accepted the work of Teichert Construction Company for the Paradise Pines Country Club Estates Units 1, 2 and 3, Assessment District, and authorized theChairman to sign Che Notice of Completion; the Clerk was instructed to record said Notice with the County Recorder, 3. Accepted the final map of Sequoyah Estates (19 lots, Zuni Avenue, Chico), for recording and offers of dedication were accepted, 4, Approved the following agreement for sale, East Avenue 57192-70-1, Parcel 2, Rightof way acquisition, authorized the Chairman to sign and authorized theAuditor to issue warrant upon demand of County's escrow agent: East Avenue Mary J. Sehrick 0,017 Exchange Impro, $30 Total $30 5, Authorized the City of Chico to do building inspection and collect building fees for property located at 804 W. Second Avenue, Chico, 6. Approved Change Order ~~6, Paradise Pines ~~12, 13, 14 Assessment District, in the increasing amount of $983,24 for revisions to Masers Court- and theChairtnan was authorized to sign. 7, Adopted the following modifications for operations of the mountain transfer stations after they are gut into use and the disposal fires are put out: (1) No commercial dumping in the boxes: (2) No salvage without written authorization; (3) No truckloads of tires or stumps; and (4) No auto body dumping, ;.F'73-1091 ADOPT RESOLUTION 73-116 AUTHORIZING EXECUTIOPI OF THE COOPERATIVE AGREEMENT FOR COMPREHENSIVE TRANSPORTATION PLANNING CHICO URBA1~_AREA On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, Resolution 73-116 authorizing execution of the cooperative agreement for comprehensive transportation planning-Chico urban area was adopted and the Chairman was authorized to sign, 73-109? APPROVE COOPERATTVE AGREEMENT WITH CITY OF CHICO-EAST AVENUE, MANZANITA AVENUE BRIDGE RECONSTRUCTION AND PEDESTRIAN SIGNAL EAST AVENUE @ JAY PARTRIDGE SCHOOL On motion of Supervisor Gilman, seconded bySupervisor Madigan and unanimously carried, the following cooperative projects with the City of Chico were approved subject to approval by Auditor and County Counsel and the Chairman was authorized to sign: i. Manzanita Avenue Bridge reconstruction 2, East Avenue (Ceres to Ceanothus 3. Pedestrian signal East Avenue @ Jay Partridge School 73-1093 COUNTY COUNSEL TO PREPARE RECAPTURE CLAUSE AGREEMENT FOR STORM DRAINAGE PURP05ES Clay Castleberry, Director of Public Works, reported on storm drainage systems in the Chico area. He stated that one developer had put in an area storm drain system; he over-sized it when it was constructed. He has inquiried about a recapture clause in the storm drainage agreements. This one developer would Like to get some of his money back when other people hook on to the system. Matter discussed, Tt was suggested that County Counsel could prepare a recapture clause agreement for drainage purposes; the Board members felt the County should cooperate with this man, It was felt that in preparing the recapture clause agreement, the Page 323, - July 10, 1973 3uly 10, 1973 clause should fit roadways as well as drainage systems. On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, County Counse7,eaas requested to prepare a recapture clause agreement for drainage purposes, 73-1094 COMMITTEE APPOINTED TO WORK WITH PUBLIC WORKS AND COUNTY LIBRARIAN FOR REMODELING OF SAFEWAY BUILDING Time spent discussing the request for authorization to engage services of architect for preparation of plans for remodeling the Safeway Building for Library purposes, Chairman McKillop felt that a committee of two board members should be appointed to work with Mr. Castleberry and Mrs, Terry, County Librarian, and bring back a recommendation prior to a contract for an architect is approved, On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, Chairman McKillop and Supervisor Ladd were appoint®d as a committee to work with Public Works and County Librarian on engaging the services of an architect for preparation of plans for remodeling the Safeway building for library purposes, and to bring back a recommendation to the Board. 73-1095 SUPERINTENDENT OF SCHOOLS: PRESENTATION OF SPECIAL EDUCATION FUNDS CERTIFICATION FOR SETTING OF TAX RATE Tom Evans, Superintendent of Schools, presented certj~fication of Special Education Funds for setting of tax rate. He stated that the amounts are up slightly over last year, If Legislation is changed, he might have to appear before the Board again and have the budgets revised, Matter discussed; no action taken, Mr. Evans reported that Chico was building them a building for the special education classes in Chico, It will be for the use of all the children in the County, The building will be paid off, one-half by the State and the other half will be paid off over a 30 year period of time, The cost will be about $12,000 per year, There will be five trainable classes within this building, Mr. Evans .also reported on AB 1267, He said this bill has given the Superintendent of Schools all the privileges except fiscal independence. Mr, Blackstock will review this bill and report to the Board on his findings, °"~ 73-1096 ADOPT RESOLUTION 73-117 APP ROVING COUNTY DRUG PROGRAM PORTION OF SHORT-DOYLE PLAN Dr, Heindl requested approval of the County drug program portion of the Short-Doyle plan. Copies of memorandum to the Butte County Technical Advisory w Committee on Drugs and the Mental Health Advisory Committee summarizing the plan that ~~~~ has been sent *o the Board members, Dr, Heindl explained the program. She said o~~ginally -the Program was slanted towards college people; now it handles all ages and types of people, The "Hot Line" does not cover just drugs; it runs the gamlit. Dr. Heindl feels this service should continue, Program discussed, On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, Resolution 73-117 approving the County drug program portion of Short-Doyle plan was adopted and the Chairman was authorized to sign. RECESS: 10:20 RECONVENED: 10:35 73-1097 DISCUSSION: PROPOSAL FOR CONSIDERATION CONCERNING UTILIZATION OF SERVICES OF DATA PROCESSING DEPARTMENT-SHERIFF GILLICK, CHIEF BARRETT & MR, CASAGRANDE OF CCCS PRESENT Sheriff Gillick and Chief Wes Barrett, Oroville Police Department were present to comment on Mr, Rowan's prc~sa~4for consideration concerning utilization of r~ ,7uly 10, 1973 Ju1Y 10, 1973 services of the Data Processing Department. Sheriff Gillick stated that in law enforcement they agree that there are services that are advantageous in Data Processing. He felt there should be a study made to see what is needed in the Criminal Justice services, There are many programs that could be utilized in this State, They have talked of automating the warrant system throughout the County, He explained what could be placed in to the computer, He said that at this time they are not making any recommendation as to who should make the survey, Supervisor Ladd said it was his suggestion that they use CCCJ for this work, He feels that a lot of this information would be available through CCCJ. Sheriff Gillick said there is the CCCJ Planning Board that could be included in the survey, Chief Barrett stated that he supported Sheriff Gillicks statements. He said that every program that is funded by CCCJ is available to the County. They can be secured through CCCJ; he said the programs would have to be studied to see if they would meet the County's needs. He said he did not feel that anyone could make a recommendation at this time, He said there was no doubt that automation would make law enforcement more efficient. He said he did not believe that the County could Cake any program that is developed now and use at on the present County hardware. Howard Casa~x'andealso spoke on this matter. He said his role as representative of CCCJ would be to make available programs that have been developed by other regions. He also felt that a study should be made first to determine what should be done, He said that Jim Warren, a Data Processing Department representative, was going to go with him to Tulare to attend a seminar on Data Processing for Ciminal Justice Systems. No action taken at this time, 73-1098 APPROVE LAW ENFORCEMENT GONTRAGT WITH U._ S, FOREST SERVICE, The Sheriff has requested that the Auditor present the cooperative agreement between the Butte County Sheriff and the Forest Service of the U. S, Department of Agriculture for approval, Agreement has been approved by County d ~d Counsel and the Auditor, Denny Bumgarz, U. S, Forest Service, explained the agreement, and the services that will be provided. Agreement discussed. On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, the agreement for law enforcement between the Butte County Sheriff and the Forest Service of the U, S, Department of Agriculture was approved and the Chairman was authorized to sign, 73-1099 APPEARANCE OF MR, SAMPSON OF CHICO; PRESENTATION OF PETITION FROM RESIDENTS OF RAMSEY WAY REQUESTING THAT RAMSEY WAY BE BROUGHT INTO THE_COUNTY ROAD__SYSTEM Mr. Sampson, Ramsey Way, Chico, presented a petition from residents of Ramsey ~b D,0 U Way requesting that Ramsey Way be brought into the County road system, He said he has already received information that the petition would be received unfavorably, He feels that the County should take the road into the County system. Chairman McKillop asked Mr, Castleberry if the road was up to County specifications, Mr, Castleberry stated that it was not up to County standards, He feels that they have a problem here and he could not recommend that the Board approve the request, as there is a drainage problem on this street, Supervisor Ladd said the County has a long standing policy that the Page 325, July 10, 1973 -------_ ___.. .. ._JUlY1~~1'~Z3-~--------~------ streets must be brought up to County standards; he does not feel ghat the County should change this policy, Mr, Castleberry said he would not recommend that the streets be taken into the County system until the dxainage problem is handled, Matter refexred to Mr. Castleberry to meet with Mr. Sampson to discuss what can be done, 73-1100 DISCUSSION: POSSIBLE SETTING 0[+' SPECIAL DLECTTON FOR THE LIME SADDLE COMMUNITY SERVICES DISTRICT TO ESTA$LISH TAX RATE AND ADOPTTON OF ANNUAL BUDGET FOR THE DISTRICT Time spent discussing the possible setting of a special election for the Lime Saddle Community Services District to establish tax rate, Dan Blackstock, County Counsel, explained how the matter could be handled. Mr, Seely stated that the tax rate had to be set by September 1st. Matter put over until this afternoon session to discuss the matter of the election date with the County Clerk. 73-1101 PETITION FILED FROM RESIDENTS OF BERRY CREEK, BALD ROCK AND LAKE MADRONE REQUESTING THE.. SHERIFF PROVIDE A FULL TTME DEPUTY FOR THAT AREA Chairman McKillop presented a petition filed by Andy Gerber signed ~. O ~'~ ~ by the residents of Berry Creek, Bald Rock and Lake Madrone area requesting that the Sheriff provide a full time deputy for that area, Request to be discussed during budget sessions. 73-1102 HEARING SET: GERDA LYDON, ET AL, REZONE FROM "A-2" TO "S-1" DTSTRICT FOR AREA NORTH OF LUPIN AVENUE, CHICO July 24 ,1973 at 2:00 p.m, was set as time for the Gerda Lydon, et al- rezone from "A-2" (general) to "S-1" (minimum-density suburban-residential) district for an area generally described as located 660 feet north of Lupin Avenue, from Cohasset Highway to 660 feet east of North Avenue and 660 feet east of Cohasset Highway from Lupin Avenue to 660 feet south of Lassen Avenue, Chico, containing 40 acres, more or less, x-73-1103 ADOPT RESOLUTTON 73-118 GIVING NOTICE OF INTENTION TO ABANDON PUBLTC UTILITY EASEMENT On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, Resolution 73-118 giving notice of intention to abandon public utility easement ((portion of Lot 6, Southgate Industrial Park Subdivision, Unit No, 1) was adopted, August 21, 1973 at 2:00 p.m, was set as time for hearing, and the Chairman was authorized to sign, ~ 73-1104'ADOPT RESOLUTION 73-_1_19 ESTABLISHING REVOLVING FUND FOR GENERAL__ASSISTANCE WORK PRO ~~ _ ~ Resolution establishing revolving fund for the General Assistance Work Project discussed. Supervisor Cameron asked if these people were on Welfare and if they had to appear every day to receive the grants, Mr, Mickelson explained how the situation is handled, Mr, Robinson will be requested to write a memo to the Board explaining the situationo On motion of Supervisor Gilman, seconded by Supervisor Ladd and carried, Resolution 73-119 establishing the General Assistance Work Project Revolving fund was adopted and the Chairman was authorized to sign. AYES; Supervisors Gilman, Ladd, Madigan and Chairman McKillop NOES: Supervisor Cameron 73-1105 REPORT ON PLANNING COMMISSION`S DENTAL OF FRED WAGNER REZONE REQUEST FROM "A-3" TO "C-1" DISTRICT Bettye Blair, Planning Department, reported on the Planning Commission's denial of the Fred Wagner request for rezone from "A-3" (agricultural) to "C-1" Page 326. = July 10, 1973 ----^----- -----JulylOt 1973--------- ---- r r ^ (light commercial) for property located on the northeast corner of Butte City Highway and Durham-Dayton Road, identified as AP 39-21-90 and AP 39-21-91, containing 2.8 acres, more or less, Chico, This was denied without prejudice, Mrs, Blair explained the reasons for denial, No action needed; merely a report for the Board's information. 73-1106 DISCUSSION: SUGGESTED AMENDMENTS TO CHAPTER 20 OF THE BUTTE COUNTY CODE SUBDIVISIONS) AND RESOLUTION ESTABLISHING STANDARDS Gene Sylva, Planning Commissioner, presented the proposed amendment to Chapter 20 of the Butte County Code (subdivisions), He explained the resolution, He said the Commission hopefully desired the Board to approve this on an emergency basis, This amendment deals with the parceling of lots. He explained the matter of the increase in parcel splits in this County, It was suggested that it might be well to have the Planning Commission give the Board a memo on the particular type improvements that are requested, Request will be studied and action could be taken next week. No action taken at this time. RECESS: 12:os RECONVENED: 1:30 73-1107 PUBLIC HEARINGS: PEARL AND ROMA JEAN MC CLAIN, APPEALS OF PLANNING COMMISSION'S DENIAL OF LOT SPLITS (TENTATIVE MAPS The hearings on the appeal of Planning Commission's denial of the Pearl McClain (AP 40-02-84) tentative map, southeast corner Skyway and Centerville Road, Chico and the tentative map of Roma Jean McClain (AP 40-02-97), two lots on Centerville Road and Skyway near Chico held at this time. Mrs, Blair presented the background information on the actions of the Planning Commission, Planning Commission recommended denial of the lot splits. It was felt the splits would not be suitable for the area. The sites were not physically suitable for the development because of the density of the area, Hearing opened to the public. Appearing: C, W, Bachman, surveyor for the applicants, He explained the requests for the dividing of these lots, Mrs. Blair set out the detailed family tree of these parcels, Family tree diagram entered as exhibit for the Planning Commission, Findings of the Planning Commission discussed, Hearing closed to the public and confined to the Board, On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the Board concurred with the recommendation of the Planning Commission and denied the following tentative parcel maps: 1. Pearl McClain, AP 40-02-84, two lots, southeast corre r Skyway and Centerville Road, Chico, 2, Roma Jean McClain, AP 40-02-97, two lots, on Centerville Road and Skyway near Chico. 73-1108 PUBLIC HEARING: FOOTHILL RESIDENTS LEAGUE, EXTEND INTERIM ZONING FROM "A-R" (AGRICULTURAL-RESIDENTIAL) TO "5~2~'~SUBU1tBAN RESIDENTIAL~_,_EAST OF OROVILLE The public hearing on the Pa etlli~3~. Residents League-Lynn Wixom-request g 3 / July 10, 1973 July-10,-1973 for extension of interim zoning from "A-R" (agricultural-residential) to "S-2" (suburban residential), east o£ Oxovalle, was held at this time, The present interim expires July 23, 1973, Bettye Blair summarized the actions of the Planning Commission in this matter. Mr, Wixom is stall attempting to secure the proper amount of signatures to initiate proceedings. It was felt that the interim ordinance should be extended, Hearing opened to the public, Appearing: no one, Hearing closed to the public and confined to the Board, Zoning discussed, Chairman McKillop recommended that the Board grant the 120 day extension of the interim zoning. The zoning could be extended to October 31st, and if no further interest is shown that no further ex tension. would be granted. 73-1109 ADOPT ORDINANCE.NO, 1369, AN INTERIM ORDINANCE ZONING A PORTION OF THE COUNTY AN "S-2" (SUBURBAN RESIDENTIAL~,DISTRICT (FO'OTHILL RESIDENTS LEAGUE AREA) On motion of Supervisor Gilman, seconded by Supervisor Ladd and carried, Ordinance No, 1359, an interim ordinance zoning a portion of the county an "S-2" (suburban residential) district (east of Oroville) was adopted and the Chairman was authorized to sign, said interim to expire October 31, 1973 AYES: Supervisors Gilman, Ladd, Madigan and Chairman McKillop NOES: Supervisor Cameron 73-1110 PUBLIC HEARING: DEAN VOWEL-EXTEND INTERIM ZONING TO "A-SR" (AGRICULTURAL SUBURBAN RESIDENTIAL) FOR PROPERTY NORTH AND SOU'Ffi OF EATON ROAD, CHICO The public hearing on the Dean Vowel request for extension of interim zoning to "A-S R" (agricultural suburban residential) for property north and south of Eaton Road, near Hwy, 99E,, Chico, was held as advertised. The interim zoning expires July il, 1973, Mrs. Blair presented the background of this zoning matter and the actions taken by the Planning Commission. Zoning discussed, Hearing opened to the public, Appearing in opposition: no one: Appearing in favor: no one, Hearing closed and confined to the Board, 73-1111 ADOPT ORDINANCE N0, 1370 AN TNTERIM ORDINANCE ZONING A PORTION OF THE COUNTY AN "A-S R" (AGRICULTURAL-SUBURBAN-RESIDENTIAL) DISTRICT AND ESTABLISHING REGULATIONS FOR THE USE OF LAND AND CONSTRUCTION OF BUILDINGS- 120 day period of time On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, Ordinance No. 1370, an interim ordinance zoning a portion of the County an "A-SR" (agricultural-suburban-residential) district and establishing regulations for the use of land and construction of buildings for property north and south of Eaton Road, zzear Hwy. 99E., Chico, was adapted and the Chairman was authorized to sign. 73-1112 PUBLIC HEARING: HAROLD AAWSON, ET AL, RECOMMENDATION FROM PLANNING COMMISSION ON 'V'ARIANCE RE UEST'TO BUTTE COUNTY ORDINANCE 581 The public hearing on the Harold Dawson, et al, recommendation from Planning Commission on variance request to Butte County Ordinance 681, design standards, to allow a field fence on property zoned "A-2" (general) and "S-H" (scenic highway) located on the west side of Pentz-Magalia Road approximately 1~-miles north of Lime Saddle, identified as AP 41-47-54, Paradise, was held at this time. Dan Blackstock, County Counsel, stated that Ordinance 681 has ceased to exist. He gave the background of this ordinance. Mr, Blackstock recommended that this hearing be crossed off as there is nothing before the Board to decide, County Counsel said he would write a memo about the fencing requirements and send it to the Board members. He said the fence requirements are conditions that are placed upon the use permits by the Planning Commission, Page 328. July 10, 1973 July 10 1973 - - - - ^ - .. - - r ,, - r - ..r r .~ - r - - - - r r - - r r On motion o~ Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, upon research by County Counsel, if Mr, Dawson has been charged a fee for this variance, it will be determined that the fee will be returned to him, Mr, Ed Collin, Paradise, questioned the Board about his use permit for his mobile home park; it refers to the requirements of Ordinance 681. Mr. Blackstock stated that Planning Commission's intent was to place the requirements included within Ordinance 6S1 on the use permit. It would not affect his use permit to have this reference to Ordinance 681; he must comply with the conditions of the use permit. 73°1113 ADOPT RESOLUTION 73-2, LIME SADDLE COMMUNITY SERVICE DISTRICT, CALLING AND PROVIDING FORA SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE ATSTRICT A PROPOSITION REGARDING THE ESTABLISHMENT OF A MAXIMUM TAX RATE. ETC. (TAX RATE TO BE SET AT $1,00) On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, Resolution 73-2, Lime Saddle Community Service District, 000 calling and providing for a special election for the purpose of submitting to 'IZj the qualified electors of the district a proposition regarding the establishment 11 of a maximum tax zate, designating polling places and appointing election officers was adopted and the President of the Board of Directors of Lime Saddle Gommunity Service District was authorized to sign, 73-1114 ADOPT ORDINANCE N0, 1, LIME SADDLE COMMUNITY SERVICE DISTRICT, FOR ADOPTION OF ANNUAL BUDGET FOR THE DISTRICT FOR THE 1973/74 FISCAL YEAR On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, Ordinance No. 1, Lime Saddle Community Service District, for adoption of annual budget for the district for the 1973/7' fiscal year was adopted and the President of the Board of Directors of Lime Saddle Community Service District was authorized to sign. pursuant to Government Code Section 61751. 73-1115 PUBLIC HEARING: R & A BUILDERS, AP 53-i7-05, APPEAL OF PLANNING COMMISSION'S DENIAL OF FOUR LOTS ON PECK LANE, NEAR SYLVAN LANE. PARADISE (Con't, from 6/26/73) The continuation of the R & A Builders, AP 53-17-05, appeal of Planning Commission's denial of four lots, on Peck Lane, near Sylvan Lane, Paradise was held at this time, Mrs. Blair stated that Planning Commission recommend denial of this map, Background of the map set out and discussed, 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, Map discussed. On motion of Supervisor Gilman, seconded by Supervisor Cameron and carried, the Board concurred with the recommendation of the Planning Com¢nisaion and denied the tentative parcel map of R & A Builders, AP 53-17-05, four lots, on Peck Lane, near Sylvan Lane, Paradise. AYES: Supervisors Cameron, Gilman, Madigan and Chairman McKillop NOES: Supervisox Ladd 73-1116 MC CLAIN TENTATIVE PARCEL MAPS REFERRED TO REAL ESTATE COMMISSION, DISTRICT ATTORNEY ANA GRANp JURY Supervisor Madigan asked if the Board felt that the Pearl McClain and Roma Jean McClain tentative parcel maps should be referred to the Real Estate Commission as he felt they were a violation of the law. Matter discussed. On motion of Supervisor Madigan, seconded by Supervisor Cameron and unanimously carried, the following tentative parcel maps were referred to the Page 329. July 10, 1973 _ r _ _ _ _ _ _ ~ ~ ~ - ~Ju1X 10, 1973_ , _ _ ~ _ _ _ ,. I' r _ _ Real Estate Commission, the District Attorney and the Grand Jury for their study and consideration. 73-13.17 APPROVE TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL On motion o£ Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following tentative parcel maps recommended for approval, with the conditions recommended by the Planning Commission: 1. Paradise Rim Rock Ranch, AP 55-19-25, 3 lots, off Clark Road, Paradise, 2. .Town R, Hart, AP 48--23-23, 3 lots, on Lupin Avenue, between Cohasset Road and P~orth Avenue, Chico. 3. Diamond International Corp., AP 59-23-02 and AP 59-06-02, 2 lots, on Laurel Street {Skyway) near Quartz Street, Stirling City, Engineer: Ringel & Assoc. 4. Gary Conway, AP 62-12 -Ol, 4 lots, on Oro-Quincy Road, above Lake Madrone, Engineer: Kendall Engineering 5. Kyle Richins, AP 24-09-23, 4 lots, on [veilson between Flwy. 99 and Gilstrap, south of Gridleyt Engineer: Kendall Engineering 6. Albert A, l;ales, AP 52-031-43 & 44, 2 lots, south of Castle Drive, west of Oliver Road, Paradise. Surveyor: Cary Lippincott 7. Marvin Danley, AP 54--181-1, 3 lots, on Newland and Bennett Roads, Paradise. Surveyor: john R~, tiampy 8. Lloyd M. Gordon, AP 27-081-8, 2 lots, northeast corner Gibralter and Carmel Avenues, Palexi~io 9. August Becket, AP 48-033-09, 4 lots, west sire of Floral Avenue, 660 ft. north of East Avenue, Chico. 10. Coy Kofford, AP 22-24-51, 2 lots, northwest corner Justeson and Kofford Avenues, Gridley. Engineer: Kendall Engineering 11. Louis Muravez. AP 50-20-40, 2 lots, east side of Clark P.oad, north of 33ille Road, Paradise. Surveyor: Gary Lippincott 12 .- Richard iN. Reese, AP 50-013-02, 2 lots, corner S}:yway and Clark Road, Paradise. Surveyor: Gary Lippincott Yage 330. July 10, 1.973 ~v1y 10,-1973 On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following tentative parcel map was approved, with the deletion of Condition No. 1, which is the reference to the 40' right of way measured from the centerline of Durham-Dayton Highway to be deeded to the County: Nadine Jeffery, AP 39-23-65 & 66, 2 lots, on Dayton-Durham Hwy „ west of Pimple Road, Durham, Surveyor: D, R. Roper On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried,the following tentative maps, in an area that has previously been and is in the process of being four by foured and recommended for approval, were approved, with the conditions placed upon them by the Planning Commission: 1, Patrick J. Markovich, AP 56-29-07, 3 lots, off St, Hwy, 32, between Hwy, 32 and Garland Road, Forest Ranch, Surveyor: Gary Lippincott 2, Thomas O'Dell, AP 41-11-95 (Portion), 3 lots, on Dry Creek Road, off Pentz-Magalia Hwy,, below Paradise. Surveyor: Gary Lippincott 3, Kathleen M, Bailo, AP 46-31-40, 2 lots, on Centennial Ave,, north of Manzanita Ave,, Chico. Engineer; Walter B, Grimes & Assoc, 73-1118 DENY TENTATIVE MAP IN AREA THAT HAS PREVIOUSLY BEEN AND IS IN THE PROCESS OF BETNG FOUR BY POURED AND RECOMMENDED FOR DENIAL On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the following tentative map, in an area that has previously been and is in the process of being four by foured and recommended for denial by the Planning Commission, was denied: 1, D, A, Hammond, AP 55-13-102, 2 lots, on Leisure Lane, near,Foster Road, Paradise, Surveyor: john W, Hamby 73-1119 LO%LY GLEN TENTATIVE SUBDIVISION MAP CONTINUED ONE WEEK On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the Loxley Glen, tentative subdivision map recommended for approvel,~ AP 52-07-68, 9 lots, on Nottingham Drive, east of Crestview Drive, Paradise, (Owner: Charles K. Morgan-Surveyor: John W. Hamby) was continued to July 24th, 1973 at 1:30 p.m, RECESS: 3:00 RECONVENED: 3:15 x;73-1120 ADOPT RESOLUTION 73-120 TO CONTINUE EMPLOYEE INSURANCE PREMIUM TRUST FUND AND TO INCLUDE KEY MAN LIFE INSURANCE FOR MANAGEMENT EMPLOYEES On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, Resolution 73-120 to continue employee insurance premium trust fund and to include key man life insurance for management employees was adopted and the Chairman was authorized to sign, °~ 73-1121 ADOPT RESOLUTION 73-121 TO AMEND EMPLOYEE RETIREMENT CONTRACT On motion of Supervisor Cameron, seconded by Supervisor Gilman and .unanimously carried, Resolution 73-121 to amend employee retirement contract, implementing provisions of SB 135 granting cost of living increase of 5% to employees retired prior to December 31, 1970, was adapted and the Chairman was authorized to sign, AYES:. Supervisors Cameron, Gilman, Madigan and Chairman McKillop NOES: Supervisor Ladd Page 331, July 10, 1973 - ~ _ _ _ - ~ _ , ~ _ - J u 1 y 10 z 19 7 3 - r - ~ - ~ - - - - ~ ~ - n - - . 73-1122 APPROVE LEAVE OF ABSENCE FOR VIRGINIA HILL; SHERIFF ~iEQUEST FOR ONE YFA R LEAVE FOR DEPUTY SHERIFF JOHN JOHNSON TO SE CONSIDERED LATER On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, a 45 day non-compensated medical leave of absence for Virginia Hill commencing July 16th, was approved as requested by the Auditor, and the request of the Sheriff for a one year non-compensated educational leave of absence for Deputy Sheriff John Johnson will be considered at a later date. 73-1123 APPROVE BHI RATES APPLICABLE TO PROBATION DEPARTMENT On June 19 the Board authorized increase in BHI rates for the Welfare Department but did not specify the same increase for those placed in boarding homes by the Probation Department. The Auditor requests specific approval sa that the same rates may be paid through the Probation Department. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, BHI rate increases applicable to the Welfare Department was authorized to also be applicable to the Probation Department. 73-1124 APPROVE GOLDEN FEATHER FAIR ITEMS Consulting engineers certify that the improved flower building is 35% complete and recommend payment to Donoho Refrigeration Company, less 10% retention. Affidavit for payment approved by Auditor. The Fair requests authorization to pay Diamond International Corporation $761,02 for fencing material purchased for the fencing project at the fair. Requests discussed. On motion of Supervisor Cameron, seconded by Supervisor Ladd and unanimously carried, the following action was taken: 1, Approved payment to Donoho Refrigeration in the amount of $6,394,50, 2, Approved payment to Diamond International Corporation for fencing materials in the amount of $761.02, w?"'"73-1125 ADOPT RESOLUTION 73-I22 APPROVING CONTRACT FOR EGG INSPECTION On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, Resolution 73-122 approving contract for egg inspection with the State Department of Agriculture was adopted and the Chairman was authorized to sign both the resolution and the agreement, "'73-1126 ADOPT RESOLUTION 73-123 APPROVING STATE SALARY AGREEMENT FOR AGRICULTURAL COMhff SSIONEE On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, Resolution 73-123 approving State salary agreement for Agricultural Commissioner was adopted and the Chairman was authorized to sign. 73-1127 APE ROVE VOTER REGISTRATION AGREEMENT WITH COLUSA COUNTY On motion of Supervisor Madigan, seconded by Supervisor Ladd and unanimously carried, the voter registration processing services agreement with Colusa County was approved and the Chairman was authorized to sign, 73-1128 AUTHORIZE LETTER TO U. S. POSTAL SERVICE OPPOSING LIABILITY PROVISIONS IN FOOD STAMP PROGRAM CONTRACT Certain difficulties have arisen with the contract with the U. S. Postal Services regarding acceptance of liability for certain losses, The U, S, Postal Service has requested that the County advise them of the County's plans regarding future contracting, The State Department of Social Welfare opposes this division in contract. Mike Pyeatt, Administrative Office, explained the problem, He Said Page 332, July 10, 1973 - - - July 10, 1973 n r r n - - n n .. .. r - - - ~ - r - r - .. - n ^+ - r r r - .. r - - r r r that under the new contract the County would be liable for the stamps, He said the Welfare Department would nod approve this contract in its present form, Contract discussed, On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, a letter was authorized to be written to the U, S. Postal Service, with a copy to State Department of $aciai Welfare, opposing the liability provisions in the new contract, and that the County investigate kheft insurance and costs for said insurance, 73-1129 BUDGET TRANSFERS APPROVED On motion of Supervisor Cameron, seconded by Supervisor Zadd and unanimously carried, the following budget transfers were approved: B-209 Agriculture - $10 from rents and leases to special departmental expense B-210 Memorial 11a11s - $200 from the reserve to structures and improvements B-211 Superior court - $2,800 from professional and special services to jury and witness expense 73-1130 DISCUSSION: SUGGESTED NEW FORMAT FOR BOARD AGENDA Clif Nickelson,-Administrative Officer, reported on the suggested new format for the Board agenda, New format explained and discussed, Mr, Nickelson suggested that the new format be implimented at the earliest possible time, Tt was agreed that the new format could be initiated next week, Public hearing will be scheduled at 2:00 p,m, Barbara Schaffer, KPAY reporter, suggested that the Executive Sessions be arranged to be held from 8:00 to 9:00 a.m., rather than late in the afternoon. Discussed; no action taken on the suggestion, 73-113_:! APPOINTMENTS'PE(T OVER ONE WEEIL The following appointments were put over to Tuesday, July 17, 1973: 1, Appointment to Planning Commission 2, Appointment to Charter Study Committee 73-1132 ADOPT RESOLUTION 73-124 TO PLACE BEFORE THE LEGISLATURE THE SALARY MODIFICATIONS ~... RELATIVE TO THE CHICO MUNICIPAL COURT A5 DESCRIBED IN ASSEMBLY BILL 1611 Dan Blackstock, County Counsel, said he had an additional item £or Board consideration, It relates to Legislation concerning the employees of the Chico Municipal Court. He explained the purpose of the proposed resolution. This resolution would have to be placed before the Legislature to cover the salaries of the employees, Resolution discussed, On motion of Supervisor Madigan, seconded bySupervisor Cameron and unanimously carried, Resolution 73-124 to place before the legislature the salary modifications relative to the Chico Municipal Court employees was adopted and the Chairman was authorized to sign, 73-1133 AUTHORIZE ADDITIONAL PRINTER FOR DATA PROCESS_TNG: LOAN AGREEMENT APPROVED Supervisor Madigan stated that the Data Processing Departments would like an additional printer as soon as possible, Univac will send one up here to Butte County and the County can use it free for 30 days. He explained how the County could acquire the additional printer, Tf the 70-45 agreement is signed, the County can continue to use the printer without charge. Page 333. July i0, 1973 _ r _ _ July 1©, 1973 Dan Blackstock, County Counsel, said he had received the prpposed agreement yesterday. He said there was only one paragraph that he wishes to change; it is the right of cancellation. Contract discussed. On motion of $upervisor Madigan, seconded by ,Supervisor Cameron pnd unanimously carried, Data Processing Department was authorized to acquire the additional printer, sign the loan agreement and the Chairman was authorized to sign the agreement, subject to approval of the agreement by County Counsel, The Clerk was requested to place the matter back on the agenda for consideration one month from today. (August 7th.) '73-1134 DISCUSSION: AB 920 said Supervisor Ladd/he felt the Board should oppose AB 920, This proposal provides for a 1% transfer tax an property and the tax would go to the State. County Counsel will research this bill anc~ will prepaz~e a resolution in opposition to the bill. 73-11 PRESENTATION BY' SUPERVISOR GILMAN: AIR POLLUTION CONTROL Supervisor Gilman reported to the Board on the matter of Air Pollution Control. At the meeting held at South, Lake Tahoe, they discussed the difficulty in communicating with the Air Resources Board. ~e has been authorized to arrange a meeting between the Air Resources Board and the elected officials that sit on the council. He set out the matter of standards. Supervisor Gilman said he was in the process of writing a letter to the State Air Resources Board asking~~them to set a meeting. He felt that as max~y as possible from this County should attend the meeting. He said he would inform the Board when the meeting date has been set. ']3-1136 APPROVE APPOINTME_ NT OF APPEALS HEARING OFFICER supervisor ameron acknow~edge~. receipt of the packet of Appeals Commission forms to be used this year. Time spent discussing the appointment of an Appeals Hearing Officer. On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, Glen Crenshaw was appointed Assessment Appeals Hearing Officer, for a term of one year. ADJOURNMENT ~~ere being nothing further 'before the Board, the meeting was adjourned at 4:25 to reconvene on Tuesday, July 17, 1973 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK ~' ~f ~-~u Ch an of the oa d Board of Su ervisors Clerk Page 334,. ,7uly i0, 1973