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HomeMy WebLinkAboutM072771July 27, 1971 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9e00 a,m. pursuant to adjournment. Presento Supervisors Gilman, Madigan, Maxon, McKillop and Chairman Reynolds, Clifton Mickelson, Administrative Officer, Daniel Blackstock, County Counsel and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk, INVOCATION: Rev. Robert L.. Young, Baptist First Southern Church, Gridley. Pledge of allegiance to the Flag of the United States of America. ~ 71-1473 APPROVAL OF MINUTES On motion of Supervisor Gilman, seconded by, Supervisor Madigan and unanimously carried, the minutes of July 20, 1971 were approved as mailed. 71-1474 COMMUNICATIONS Wm. I, Shultz, M.D., Chico. Dr. Shultz requests that his property (AP 42-Z9-34) ~r 3„0 D be excluded from a proposed suburban-zone "S-1". To be read during public hearing. L, C. Steele, Magalia, Protests the issuance of use permits~to Mr. Orvel Rolfe and to Mr. Charles I. Perry, Jr, To be discussed Later in the meeting. Paul Southers, Westminister, California, Mr. Southers, representing Great Northern Leasing. Company, appeals the denial by the Planning Commission for a conditional use permit to construct and operate a mobile home park at Nord Avenue and Highway 99E. Jim Lawson will speak on this matter, Ruth L. Bjorg, Magalia. Protests the issuance of a use permit for Orvel Rolfe to operate a building materials supply business. Mrs. Bjorg also protests the use permit issued to Charles T. Perry fora mobile home display and sales office, To be discussed later in the meeting. "" Weimar Medical Center. Requests that Butte County refer any county patients at ~~ ~ ~ DeWitt State Hospital or any other mental health program to Weimar Medical ~~ Center for care. Administrative Officer stated that it appears the County will not be using Weimar for mental patients. Dr. Maguire will report on this. LeRoy Main, Gridley. Constable Main sends letter to Board of Supervisors and Sheriff Gillick advising that he will discontinue transporting prisoners Z,0 Z ~~ ~ for the Sheriff as of October 1 due to the long hours and small remuneration involved, Discussed; no action taken. Sierra Christian Academy. Requests that building permit fees be waived in the construction of a new classroom building to their present education facility. Referred to County Counsel with request that he report next ~ week on this matter. Adrian R. M. Sears, M,D, Dr, Sears sends .letter of thanks to the Board of ~, S Q~ Supervisors for the excellent ambulance service supplied to the residents of the Gridley area through the Macy Ambulance Company. D~.scussed; no action taken. ~(~Butte County fair Board, Sends minutes of meeting of July 19, 1971, 7 Z;~ Information; no action necessary, Page 1. July 27, 1971, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ July_27 ,_1971 _ _ _ _ _ Department of the Army, Corps of Engineers, Sends notice that consideration is Z ~ ~ ~ being given to the deauthorization by Congress of the Iron Canyon Project north of Red Bluff. Referred to George Stamm. State Public Utilities Commission. Sends application by Air West for authority O C ~ Z ~ to increase its intrastate passenger fares. Information only. Goldstein, Barcelous and Goldstein< Sends summons and complaint against City of Oroville, County of Buttz, Simpson Scavenger Company, Dick Hadley and others in the amount of $100,000 for alleged wrongful death of Ernest Lee Carr. Referred to County Counsel. See action taken following communications. Butte County Sealer of Weights and Measures. ,john Houghton, county sealer, sends ,L OS~ ~ O copy of his annual report to State Department of Agriculture. Information; no action taken. Wm. Retzer, Realtor. Appeal of the Planning Commission's decision to deny use permit application to allow storage of inflammables = Hearing set for August 17th, 1971 at 11x00 a.m, Butte County Garbage Collectors Association, Request to meet with Board members. Referred to Administrative Officer to determine what they desire. U.S< Senator Alan Cranston. .County°s resolution regarding revised driver qualification rules affecting the operation of farm vehicles. Read and discussed. Copies of the letter to be sent to the County Granges and to the Farm Bureau. There is a real cost factor involved in this matter, Q O.Q O Supt, of Schools, Yuba County. Tax rate for education of physically handicapped minors. 71-1475 REPORT ON HIGHWAY COMMISSION MEETING (Referred to County Auditor) Supervisor McKillop reported on the State Division of Highway.Commission meeting held last Friday in Oakland. He stated that he had attended this meeting with Clay Castleberry, Director of Public Works. Ttee State has adopted Oro-Dam Blvd. and Olive Highway into the State system, they will assume maintenance of these roads the first of August. Discussion was held on the proposed transfer station. site in Gridley. This matter was put over one month. Miss Robinson's attorney was present and protested action in this matter, Supervisor McKillop stated that the Commission was informed of all the public hearings and meetings held concerning this site. Supervisor McKillop said the Commission felt because of certain other pressures being put on them that they would like to hold this matter over one month, Supervisor McKillop said that maybe the County should look at other sites, It was suggested that maybe the County could start operations at Timothy Road, It was stated that cost of garbage handling was going. to go up. 1t was stated that som= of the people that are protesting this site are now attempting to rezone the area for commercial endeavors. Supervisor Gilman said the Board had made every effort to work with the people in the area to secure a'site, This Board has spent over a year looking at sites for this station. Matter discussed; no action taken. Mr. Castleberry will keep the Board informed in this matter. 71-1476 COUNTY CLERK TO DELIVER ACTIONS TO COUNTY COUNSEL WHENEVER SERVED it was moved by Supervisor Madigan, seconded by Supervisor Gilman and unanimously carried that whenever the County Clerk is served with a summons and complaint, the Clerk will immediately deliver the summons and complaint to County Counsel for his action in the matter, Page 2. .Tuly 27,1971 -----------------July 27S 1971____ 71-1477 PUBLIC WORKS ITEMS APPROVED On motion of Supervisor Reynolds, seconded by Supervisor Maxon and unanimously carried, the following action was taken on Public Works items: 1, Authorized the establishment of a work order for Circle Drive and authorized construction on Circle Drive as budgeted. 2, Approved the final map of Indian Meadows Subdivision Unit No. 1 (17 lots, Magalia), subject to improvement maintenance bonds as posted, offers of dedication were accepted and the Chairman was authorized to siga grant deeds. 3. Authorized the request of City of Chico to do building inspection for property being annexed to the City of Chico and to collect the fees and dues for building inspection on Parcel 44-510-09. 4. Accepted agreements for sale for right of way acquisition on the following and authorized the Chairman to sign: Canyon Drive A. K. Aiken (heirs) 0.189 ac $473 No impr. $473 Manzanita Avenue B. Danels 0.204 " 423.° " 423 East Avenue J. H. Taylor 0.012 " 220 " " 220 ~~ r' " " " 0.012 " 250 " " 250 Magalia°Minshew B. I< Caron 0.832 " 749 " ° 749 5. Accepted deeds and authorized the Chairman to sign t he Certificates of A cceptance on the followings Rio Lindo Avenue (use permit) AP 44°15-35 E. M. West, et al Lott Road (parcel map) AP 40-26-41 Emory E. Price brochure. 5. Set a fee of $4,00 each for the sale of the Subdivision Ordinance 6. Authorized the purchase of a used adding machine-cash register for the Biggs Pool (County Service Area X31) for the amount of $75 from funds budgeted, 7. Authorized the Palermo firemen to close Railroad Avenue, Lincoln Boulevard and lSrwin Avenue within the Palermo area an September 11, 1971, between the hours of 10 and 12 a.m. for the Palermo Firemen Field Day parade. 71-1478 DISCUSSION: PROCEDURE FOR ENCROAGF3MENT5-SPOT IMPROVEMENTS Clay Castleberry, Director of Public Works, explained the procedure for encroachments for spot improvements. Mr. Castleberry presented a written memo to the Board members concerning this matter. He said there might be a few less problems if Public Works men went out and staked all sidewalks and curbs but Mr. Castleberry felt that this matter should be left to the engineers doing the work. He said that some of the mistakes made on the Aiken project were made by the engineer hired by the owner. Matter discussed; no action taken. 71-1479 AUTHORIZE PAYMENT FOR USE OF PRQPERTY ON RIVER ROAD NEAR WASHOUT Clay Castleberry, Director of Public Works, reported that the County is using some of Mrs. Mendonca's property.on River Road near washout. Mrs. Mendonca has requested that the County consider purchasing this property that is being used. Mr, Castleberry said he felt that the County should pay for this use. Use of this property discussed. Mr. Castleberry asked if the Board would like him ko prepare an agreement for the use of this property. The Board stated that they would approve the agreement for the user of this 40' strip of land. Page 3. July 27, 1971 _______________.=====July27y 1971=====_ __-_-.--___-° On motion of Supervisor Gilman, seconded by Supervisor Maxon and unanimously carried, the Board approved the payment to Mrs. Mendonca in the amount of $650.00 for the use of a 40' strip of her land on River Road near the washout. 71-1480 AUTHORIZE PAYMENT TO COOK & ASSOCIATES FOR PREPARATION OF PLANS FOR SUNSHADE ON BIGGS SWIMMING POOL Mr. Castleberry stated that on May 25th, 1971 the Board approved a contract with Cook & Associates for the preparation of plans for the sunshade on the Biggs swimming pool. Mr. Castleberry requested that the Board approve the payment to Cook and Associates by purchase order in the amount of $350. On motion of Supervisor Reynolds, seconded by Supervisor Gilman acid unanimously carried, payment to Cook & Associates for preparation of plans for the sunshade for the Biggs swimming .pool was authorized to be paid by purchase order, in the amount of $350.00. 71-1481 ADOPT REESOLUTION 71-156 OPPOSING EXTRA. PERMIT FEES ON EXPLOSIVES AS RECENTLY ENACTED BY THE CALIFORNIA.LEGISLATUR$ On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, Resolution 71-156 opposing extra permit fees on explosives as recently enacted by the California Legislature was adopted and the Chairman was authorized to signo 71-157 71-1482 ADOPT RESOLUTION/.IN OPPOSITION TO A GUARANTEED ANNUAL INCOME The proposed resolution in opposition to a guaranteed annual wage discussed. It was requested that the resolution be changed to state annual income rather than annual wage. County Counsel stated he would change this wordingo On motion of Supervisor Maxoa, seconded by Supervisor Gilman and unanimously carried, Resolution 71-157 in opposition to a guaranteed annual income was adopted and the Chairman was authorized to sign. 71-1483 RESOLUTION IN SUPPORT OF WELFARE REFORM AND IN OPPOSITION TO ANY TRANSFER OF STATE WELFARE COST TO THE LOCAL Y ROPERTY TAXPAYERe TO BE RE-WRITTEN The proposed resolution in support of Welfare reform and in opposition to any transfer of State Welfare cost to the local property taxpayer discussed. Supervisor Maxon said he would like to have Supervisors work with County Counsel and draft a new resolution-something that-would be of a permanent nature. Wording of the proposed resolution discussed. Supervisor McKillop said the County would have to pick up the tabs for General Assistance payments, The County will be faced with the General Assistance payments. It was felt that the Welfare funds should be closed-in. It was felt that the County needed a strong resolution to help this matter. It was stated that Los Angeles County was suing the State to determine who has the financial responsibility in this matter. Time spent discussing the proposed resolution and how it should be worded. Supervisor Maxon and Chairman Reynolds will assist County Counsel in the re-writing of this resolution. 71-1484 APPROVE SATISFACTION OF MORTGAGE-GEORGIA AND JAMES R. HILL On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, the Chairman was authorized to sign the satisfaction o£ mortgage satisfying that certain mortgage dated the 25th day of June, 1965, made and executed by Georgia R. kIil1 as mortgagor, to the County of Butte, as mortgagee. Page 4. July 27, 1971 _________________July=27,=1971 =_-__________~_____ 71-1485 PROPOSED ORDINANCE AMENDING.EXISTING ZONING PROCEDURES: HELD OVER The proposed ordinance amending existing zoning procedures discussed; ordinance held over one week. RECESS: 10:00 RECONVENED: 10:15 71-1486 APPEARANCES: MRe LAWRENCE RYAN, CALIF. REST HOME ASSOCIATION Mr. Lawrence Ryan, Palermo, representing the California Rest Home Association, appeared concerning the contract with the Community Service Department. He said it was their understanding that the County has not signed the contract with this Serviced Mr, Ryan asked that with the dropping of this contract, what will happen to the people in the rest homes. Ed Robinson, Welfare Director, said that nothing was going to happen to these people. They will remain in the homes; the County will continue to pay the same rate to the operators of the homes. These people are under ATD and these funds are not closed-in funds. Mr. Ryan stated that the people of CSD are qualified people; he asked who was qualified in the Welfare Department to handle these patients. Mr, Robinson stated that the Welfare workers did not attempt to be psychiatric social workers; the psychiatric care will be given through Dr, Maguire's department. Chairman Reynolds stated that•Dr. Maguire is very capable and he will be able to handle the problems of these people, Supervisor McKillop asked for a point of clarity: The GSD care has been "o" cost to the County at this time, Mr. Nickelson said that up to about 6 months ago the County had not had any costs from CSD; the County will now be billed for a cost from last January 1, 1971 for their services. Mr, Robinson. stated that the proposed contract dates back to January 1, 1971. It was stated that Dr, Maguire was willing to take over the extra work so that the work would be under his supervision. Mr. Robinson stated that this change will aot alter the care of the patients in these homes. The rates will not be changed. Mr. Robinson explained how the matter would he handled. Mr. Ryaa asked if the General Assistance was 100% County host and how much would this program cost the County. He was told that General Assistance is a 100% County costs Tt is not known at this time what this program will cost the Gounty. Mr. Ryan stated that there seems to be a lot of confusion on both sides. He asked the Board if they-would study this matter further` and let the taxpayers have a say in this. Chairman Reynolds said that unless the Board would change their decision, the matter is closed. Supervisor McKillop said he would like to re-examine the facts, He would like to have Dr. Maguire present to discuss the matter. He said he would like to have the facts a part of public information. Clif Nickelson, Administrative Officer, was requested to place the matter on the agenda for Tuesday, August 3, 1971 and request Dr. Maguire to be present to discuss the matter, Mrs. Mary French, Supervisor of Community Services, stated she was present as a citizen of Butte County. She said she would like to have the opportunity to speak officially. She said she would like to have the Board request her to speak officially. There have been many misstatementso Page 5. July 27, 1971. ~7uly 27, 1971 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Nr. Nickelson will arrange to have Mr. Hobbs and Mrs. French present next week when: Dr. Maguire will be present for discussion of this matter< 7i-1487 APPEARANCE: WILLIAM THOMFKTNS PARADISE: BRAIN WAVE MACHINES William Thompkins, Paradise, said he was present this morning to request the Board to have an ordinance prepared to prevent brain wave machines in Butte County. He said that brain ,waves could be transmitted world wide, He feels that this is a dangerous situatian. Mr. Thompkins said he would suggest that the County go to the people in the communication field to secure information in this matter. He said that perhaps the ordinance should prohibit tree transmitting of the brain waves from this County. Chairman Reynolds suggested that Supervisor Maxon discuss this matter with. Mr. Thompkins and with the communication bureau. No action taken at this time. 71-1488 APPEARANCE OF REPRESENTATIVE FROM GOLDEN-STATE HOMEOWNERS. LEAGUE: REBUTTAL Ok` MRSo_HELYN HILRE'S STATEMENTS TO BOARD CONCERNING MOBILE HOMES Mr. Ralph Beemer, alternate director of Region 4, appeared to speak in rebuttal of Mrs. Helyn Hilke's statements to the Board concerning the study on mobile homese Mr. Beemer introduced Mr. H. Donald Shaw, regional director. Mr, Beemer read a prepared statement concerning this matter. He said there were over 75,000 members of the Gold State Homeowners League. He stated that Sonoma County had-declared a moratorium on mobile homes; the voters of that County voted to reject the Bann. This County (Butte County) has a slogan at the State Fair which stated "Come to Butte County and retire". He said he moved here and then discovered that this County was against mobile homes. He said a great many people want to live in mobile homes. He said that raw lands axe being used for the placing of these mobile homes. He said that Paradise Pines and Sierra Del Oro Estates will bring thousands of dollars of taxes into the County. Mr. Beemer stated he had read the Hilke report; he has tried to attend the meetings of "this committee. He said he soon found that the sole intent of the committee was to d"ight mobile homes. He said that he was surprised that in making the in-depth survey, the committee had not surveyed the bills that are pending in State Legislature. He said there is a proposed bill to change the tax factor pending. He said that SB 565 would give the County a 28% increase in the present tax structure of in-lieu taxes on mobile homes. This would be quite an increase to Butte County. Mr. Beemer thanked the Board for allowing him to appear. He said he would like to request that the Board hold a public hearing on this matter before the Board takes action, 71-1489 PUBLIC HE'AAR.ING: REQUEST OF MRa DELVTN FULTON FOR-ORDER FREEING ADULT CHILD FROM RESPONSIBILITX FOR. SUPPORT OF PARENT The public hearing on the request: of Mr. Delvin Fulton for an order freeing adult child from responsibility for support of parent pursuant to Welfare and Institutions Code Section 12104 and Civil Code Section 206.7 was held. Mr. Robinson, Welfare Director, appeared on behalf of Welfare Department. Mr. Robinson said he has conflicting evidence in this matter. Page 6. .Iuly 27, 1971 - - - - - - - - - - - - - - - - -- July_27,_1971 - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - Dan Blackstock, County Counsel, stated that this hearing was requested by Mr. Fulton, Mr. Fultoa not present at this hearing. Mr. Blackstock suggested that the hearing be continued for a couple weeks in order to give Mr. Robinson time to investigate the evidence in the matter. Hearing continued to Tuesday, August 10, 1971 at 11:00 a.m. 71-1490 PUBLIC HEARING: PROPOSED REZONIIG "A-2" LIMITED TO "R-1" (SINGLE FAMILY RESIDENTIAL) DISTRICT: PART OF THE SOUTHWEST QUARTER OF SECTION 16, T22N R3E WITHIN PARADISE 'IRRIGATION DISTRICTo NORTH OF HONEY RUN ROAD, PARADISE The public hearing on the proposed rezoning from "A-2" limited to "R-l" (single family residential) district for area generally described as all that part of the southwest quarter of Section 16, T22N R3E within the Paradise Irrigation District, and all of Section 21, T22N R3E, located north of Honey Run Road, Paradise, was held as advertised. Jim Lawson, Planning Director, summarized the actions of the Planning Commission in this matter, Planning Commission initiated the proposed rezoning and recommended approval. Hearing opened to the public. Appearing in favor: no one. Appearing in opposition: no one, action. Hearing closed to the public and confined to the Board for 71-1491 ADOPT ORDINANCE N0, 1185 AMENDING COUNTY ORDINANCE N0, 925 CONSOLIDATING "R-I" (SINGLE FAMILY RESIDENTIAL) DISTRICTS_ On motion of. Supervisor Maxon, seconded by Supervisor Madigan .and unanimously carried, Ordinance No. 1185 amending County Ordinance No. 925 consolidating "R-1" (single family residential} districts to include all that part of the southwest quarter of Section 16, T22N R3E, within Paradise Irrigation District, and all of Section 21, T22N R3E, located north of Honey Run Road, being located in Paradise, was adopted and the Chairman was authorized to sign. 71-1492 PUBLIC HEARING: PROPOSED REZONING FROM 11A-3" (AGRICULTURAL) TO "S-2" (MEDIUM DENSITY SUBURBAN RESIDENTIAL) DISTRICT, FORBESTOWN ROAD, OROVILLE The public hearing on the proposed rezoning from "A-3" (agricultural) to "fi-2" (MEDIUM DENSITY SUBURBAN RESIDENTIAL)'di~trict for a portion of the southwest quarter of Section 17, T19N R6E, MDB&M, described as all that part of the south half of the southwest quarter lying south of Forbestown Road (BUT 759-4), identified as AP 37-75.05,'6, 7, 8, 9, 10, 11, 14, 15, 16, and 17, was held as advertised. Jim Lawson, Planning Director, summarized the actions of the Planning Commissions He said this rezoning had been initiated by the Planning Commission. Planning Commission recommends approval of said rezoning, Hearing opened to the public, Appearing in favor: no one. Appearing in opposition: no oneo Hearing closed to the public and action confined to the Board. 71-1493 ADOPT ORDINANCE N0, 1186 ZONING A PORTION OF SAID COUNTY AS AN "S-2" (MEDIUM-DENSITY SUBURBAN RESIDENTIAL DISTRICT On motion of Supervisor McKillop, seconded by Supervisor Maxon and unanimously carried, Ordinance No, 1186 zoning a portion of said County as an "S-2" (medium-density suburban residential) district (all that part of the south half of the southwest quarter lying south of Forbestown Road Page 7. July 27, 1971 __________________JulY27_19?1=====_____-_--_= W =_ (BUT 759 4) an,d the west 216 ft. of the southeast quarter of the southwest quarter lying north of F'ox~bestown Road (BU'T .7.59-4) was adopted and the Chairman, was authorized to sign. 71-1494 PUBLIC HEAR?,NG (C ON'T:LNUA'.TION) VTS'TEC INC. (WA"YNE WEDELL) PROPOSED REZONING FROM A-2 TO PA-G (PIAI.)Y.N$D AREA-CLUSTER)„ DISTRICT FOR PROPERTY. LOCATED SOIITH OF SACRAMENTO AVEN_7JE., CHTCO The public hearing on the proposed rezoning from A-2 to PA-C (planned area-cluster) district for property located south of Sacramento Avenue, west of Oak Lawn Avenue and north of Bidwell Avenue, approximately 15.5 acres, identified as AP 43-26-03 and AP 4.3-29-72, Chico (Vistec Inc.-Wayne Wedell) was held as continued. It was stated that this hearing has been closed to the public and confined to the deliberations of the Board. Jim Lawson, Planning Director, set out the property in question. :This is in the Greater Chico area. Supervisor Gilman said that,at this point there seems to be a.little jelling of the area wide planning concept. The difference of the line between the City Planning Commission .and the County Planning Commission set out. It has been suggested that some further study be given to the line in the Greater Chico area, Supervisor Madigan stated that some of the Planning Commission members have discussed this line and they have asked Mr, Lawson to look at the line and make a recommendation, Mr, Lawson said that he has recommended that the rezoning be approved, Supervisor McKillop safd he felt this request should be given positive consideration; he said he felt this project was well appointed, Supervisor Gilman said he appreciated all this and was in accord that they. have done a good job of plannings but he feels that the Board at some point is going to have to be arbritar'y and draw the line. Supervisor Gilman said there were some drainage and et~gineer~ing problems in this project. Supervisor McKillop said he agreed that there should be sewers for this project, Supervisor Gilman said he has no desire to keep these people hanging but until the County could establish the line, he would not be in favor of this request. Supervisor Madigan said that if this matter could be discussed at the August 12th meeting of the Planning Commission, the Board could then take action on the 17th of August. Mr. Lawson said the Planning Commission could continue the hearing on the rezoning until after this matter has been resolved. Mr ,. Lawson said he hoped that they could ge?: some information .from the City of Chico as to what they propose for this area. 1t was moved by Supervisor McKillop and seconded by,Supervisor Maxon that the Planning Commission be requested to continue the hearing on the rezoning to a date after August 12th or to the 19th meeting< The president of Vistec was present and requested permission to speak at this time, He stated that the developer has a problem. If this matter is delayed, they will have to abandon the project. If they cannot get started this season, they will abandon the project. He said that they believe the developer has done all he could in this matter and has complied with all re- quirements requested by the Planning Commission. He requested that this matter be brought to a vote. Matter discussed. Mr. Lawson said the developer would still have to obtain a use permit and one of the conditions of the use permit could be the requirement that the project be gut on the City of Chico sewer line-. The sewer line is available to this project. Supervisor Maxon said he would hate to see the County lose-a project this size; he would like to :make a motion approving the rezoni~gTime spent discussing the action to be taken. Page 8. July 27, 1971, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.July -27y .1971- - _ _ _ _ _ _ _ _ _ _ - _ _ _ _ 71-1495 ADOPT ORDINANCE N0. 1187 ZONING A PORTLON OF THE COUNTY AS AN "PA-C" (PLANNED AREA-CLUSTER, DISTRICT,~VISTEG INCo) On motion of Supervisor McKillops seconded by Supervisor Maxon and carried, Ordinance No. 1187 zoning a portion of the County as an "PA-C's (planned area-clus"ter) district was adopted for the property located south of Sacramento Avenue, west of Oak Lawn Avenue anal north of Bidwell Avenue, Chico and the Chairman was"-authorized to sign, with the instruction that sanitary sewers must be used in this area. AYES% Supervisors Maxon, McKillop and Chairman Reynolds NOESo Supervisors Gilman and Madigan 71-1496_H_~ARING SETo CHARLES I, PERRY, MAGALIA Letter from L. C. Steele, Magalias as set out in the communications discussed. A hearing was set for August 17th, 1971 at 11000 a.m, for the Charles I. Perry matter. The matter of the appeal on the Rolph.matter-will have to be made again after the Planning.Commi.ssion acts on the matter. 71-1497 PUBLIC HEARING (CON'TINUATION) WILL.7.?,M I, SHULTZ, USE PERMIT FOR MULTIPLE FAMILY DEVELOPMENTS OAK PARR AVENUE AND WEST OF THE RO_SEDALE ELEMENTARY SCHOOL CHICO The continuation of the public hearing on the William I> Shultz request for a use permit for multiple family development (36`units) on a four-acre parcel located on the south side of Oak Park Avenue and west of the Rosedale Elementary School identified as AP 42-19-34, Chico, was held, Jim Lawson, Planning Director, summarized the actions that have been taken to date. This hearing has been closed to the public and confined to theBoard for action. Supervisor Madigan said that he would propose that this matter be continued for three weeks. Dr. Shultz said this matter has been pending for a long time; they have applied to the Oity of Chico requesting that they be joined to the City sewer lines. The drainage problem has been solved., On motion of Supervisor Madigan, seconded by Supervisor Gilman -and carried, the public hearing on-the William I. Shultz request for use permit was continued to August 17th, 1971 at lls00 a,m „ in order that the recommendations of the City of Chico and the County of Butte Planning Commissions can be received and reviewed. AYESo Supervisors Gilman, Madigan and Chairman Reynolds NOESo Supervisors Maxon and McKillop It was moved by Supervisor Maxon and seconded by Supervisor McKillop that the use permit request be approved, subject to`the project being hooked up to the City of Chico sanitary sewers prior to the permit being issued. AYESa Supervisors Maxon and McKillop NOESo Supervisors Gilman, Madigan and Chairman Reynolds Motion failed. RECESSo 12020 RECONVENEDo 1030 71-1498_STATEMENT BY COUNTY AUDITOR CONCERNING ADOPTION OF BUDGET F. H. Seely, County Auditor, urged the Board to give consideration to the adoption of the 197T-72 budget today. He stated that there are many things that have to be computed; he has a limited staff and limited time. Clif Mickelson, Administrative Officers stated that Yolo County was in the same position as Butte County, They are not going to adopt Page 9. Ju y,27, 1971 July 27, 1971 the budget until more information is received about Medi-Cal. Mr. Mickelson explained the possible impact on the County. He stated that there will be a Senate hearing tomorrow, Wednesday~~July.28, 1971, on this bill. It was suggested that the Board recess this meeting today and possibly meet later in the week to discuss the adoption of this budget. No action taken on the request of Mr. Seely at this time. 71-1499 ADOPT RESOLUTION 71-1.5.8 REPLENISHING CASH DIFFERENCE FUND On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, Resolution 71 158 replenishing cash .difference fund was adopted and the Chairman was authorized to sign. 71-1500 PUBLIC HFARING~ ADOPTION OF GENERAL PLAN The public. hearing oa the adoption of the General Plan was held as advertised. Jim Lawson, Planning Director, summarized-the general plan as proposed. He gave a brief explanation of the plan. Planning Commission, at their meeting last night, recommended the adoption of the General Plan by the Board, with several minor changes. Mr. Lawson quoted sections of the Government Code relating to the adoption of a general Plan by the county. The Code states that each County should adopt a ~enera.l Blan for the development of the County. Mr. Lawson stated that Senate Bill 361 has mandated that the County develop a seismic slement of the General Plan. In the future they will work on the seismic element. The plan. before the Board at this time has all the mandated elements required at this time, with the exception of. the seismic element. Mr. Lawson stated that Mr. Cook of Cook & Associates would explain the sewer-and water element. Mr. Gook explained the specifics of the element. He explained the backgx'ound of this portion of the General Plan. They have subdivided the County into units. Within these units they have projected the needs as they relate to fresh water supplies, reclamation of water and re-use, etc. The various units were set out anal explained. A total water resource map was set up to show the water that is available and the water that is needed. Mr. Cook stated that the Jonesville Project should be considered between the years 1990 and 2020. Mr. Cook set out the areas that have a water deficiency. Among the sites that are deficient in water was listed Butte College, Bloomer Hill and the Craig Area. Mr. Gook stated that in conclusion., the Goun.ty is in very good shape, water wise. He said the Board should be commended for contracting for the 27,000 acre feet of water-from the Oroville Reservoir. Mr. Gook stated that they have four separate plans for development of facilities in this county. He said it was the initial intent to supply plans that would meet the needs of the County now and in the future. He stated that the reports are available in his office. fiime spent discussing the water element of the ,~eneral,~lan. Chairman Reynolds questioned Mr. Cook about the statements he had made`concerning the western irrigation districts, within the County. Hearing opened to the public regarding the sewer and water element of the general plan. Appearing: Louis Camenzind asked about the sanitary land fill element. Mr .. Lawson stated that there-was a sanitary land fill element but it is not in this section. Hearing on. this section of the General Plan closed at this time. Mr. Lawson set out the general plan; topography of the County broken down. People and the population projection section set out. This is what is to be expected by the year 2000. Mr. Lawson put up an.enumeration district-map ;Page 10. July, 27, 1971 .f,• . . ~~j. :;r _________________July 27, 1971=====_______________ Basic growth assumptions set out, Mr. Lawson said it was felt that industrial growth will be picked up. Mr .. Lawson said that the Paradise area will be limited as to its building capacity. There are certain .limited factors in setting out the growth of the Paradise ax'ea,. urowth will be in two directions in the Paradise area. Chico can-grow in any direction. Oroville area has some limiting factors because of the Lake. He said that multiple family developments will be limited in the Paradise ar.'ea because of the septic tanks. Mr. Lawson stated that there are enough indications to indicate what areas will developr in the County, Mr< Lawson stared that a portion of the plan was devoted to the impact of agriculture to the County. He said they have tried to break down the economy into several sections. They have stated that agriculture is a factor and if at all possible,agricalture should be maintained. The element sets out urban land usage vs non-urban land usage. Maps have been included to show the usage of the land at this time. In the Chico are, the general policy is t~o try to channel growth away from the productive area. Graphs of the crops of the County included. It was stated that there is a trend inr_he reduction of agriculture land. Shopping centers have been growing. A land conservation agreement map set out and discussed. This map shows where the agreements exist. The present agreements are mostly in the foothills and in the marginal lands, Mr. Lawson explained the Land Use Maps. The General Plan use is shown on the map. `The map is color. coded. Map explained. RECESS ~ 3 a 02 REGONi7ENED < 3 014 Mr. Lawson resumed his explanation of the General Plan. He stated that the next element to be exp"rained was the housing element. The State has given .them additional guidelines. In this element they have set out the problems and the ways to alleviate the problems. There is a lack of housing for the elderly. The housing needs are changing, They have tried to identify the areas of housing shortages and the projection of the housing needs to the year.2000. The next element is the conservation element. This is one of the first Counties to adopt this element. Water, flood control and rainfall density set out for the county. This element discusses water pollution; there is a brief summary of soils and what is felt is necessary to-preserve the type soil is the county. Soil zones are set out. Mr. Lawson stated that in the future when_a comprehensive soil study is made, the County will be able to relate to this element. The element set out the wildlike and fisheries. There is a secion on soil erosion; unstable soil and steep topography and the effects of urbanization on these areas. :there is a recreational section. Mr. Lawson stated that since the County is not in the recreational business, this was not gone into thoroughly. Page 11. Jul y. 27, 1971 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .duly=2Z, _1Q71 = _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A-.map was included to show the Re11y Ridge area. They have met with the Trails Committee. The Committee has set out the trails in the County. The Committee were of great ualue in putting together this map. There is a broad classification for campsites. Regional parks are shown on the map. Service axea radius set out. They have identified all r_hose parks and historical sites in the recreational element. County Center and top public buildings throughout the County set out. This is not mandated but is an. optional plan. Community Design is also included as an optional plan. The last element is the zoning and the subdivision ordinance. Specific programs funded set out. The element that would giver_rue meaning to the general plan, this wou"ld require citizen participation. This is the last plan. Mr,.Lawson Mated that there are copies of the General Plan in the library. Mr. Lawson said he plans on loaning copies of the plan out on a 2-day basis. They have printed 50 copies of the preliminary documents. Printing costs are pretty frightening, he stated, Time spent discussing the proposed general Plan. Hearing opened to the public< Appearing: 1. Dorothy Paradish. She requested that the Board continue this hearing for two weeks to give the citizens a chance to study the plan, meet and return to the Board with their findings as to what should be deleted or added. 2. Mr. James Hansen, Oroville. He stated he was here as a representative of the mining group and for himself. He has read the plan in its entirety. He said that_ since the Board has an .August 15th deadline, the Board should consider delaying action. at this time. He requested that the press put articles in the paper informing the people where they may secure copies of the plan for their study. 3. Louis C~men.zind, Chico. He requested a year's delay in this matter. He feels that there ar.e a lot of hidden implications in .this plan. Hearing continued to August 3, 1971 at 11x00 a.m. 71-1501_ADOPTION OF FINAL BUDGET FOR 1971W72 FISCAL 'YEAR: CONTINUED Adoption of the final budget for 1971-72 fiscal year was continued to Tuesdays August .3, 1971 at i1o00 a.m. Mr. Mickelson stated that he talked to Mr. Campbell's office in Sacramento. There has been a later amendment to the bill. Mr. Bosworth wi1L attend the meeting in Sacramento. The Board could finalize the budget next Tuesday. It was felt that if it were needed, the Board could recess this meeting and meet on Friday. Hearing continued at this time, 71-1502 COMM[JNIGATION FROM SHASTA COUNTY. BILL MINTON. EXECUTIVE OFFICER A letter was read from Bill Minton, Executive Officer of Shasta County, requesting that they meet with Mr. Mickelson, Board members and representatives of the Butte County Housing Authority. Shasta County plans on forming a Housing Authority. Mr. Mickelson was requested to follow through on this matter. Page 12. July 27, 1971 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ July=2 Z, _1871 = _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ 71-1503 AUTHORIZE CONTRACT WITH PUBLIC E1~LOYEES REIIRESIENT SYSTEM FOR. SAFETY MEMBER ACTUARIAL STUDY On motion of Supervisor Reynolds., seconded by Supervisor Maxon and unanimously carried, the contract with the Pub"tic Employees Retirement System for a safety member actuarial study was approved and the Chairman. was authorized to sign. 71-1504 ADOPT ORDINANCE 1188 AMENDING SALARY ORDI.NA'C~ On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, Ordinance Ne> 1188, amending salary ordinance, which will add three positions to the Library allocatien Iist, was adopted and the Chairman was authorized to sign. 71-1505 APPROVE AGREEMENT FOR. USE OF__PROPERT"Y' OF SALE%AT7:0~~! ARMY On motion of Supervisor M~.Ki'llop, seconded by Supervisor Madigan and unanimously carried, the Chairman was authorized to execute the agreement for use of the Salvation-Army property at-2303 Veatch S"meet in Aroville for Dr. Heindl's drug control program. 71-1506 RESOLUTION IN RE REFUND REQUESTS 'TO BE PREPARED A resolution which will eliminate the necessity for the Board to approve individual refunds chat are now made by Building and Subdivision Department, CountyClerk, Treasurers etc. wi.l1 be prepared by County Counsel. The procedure, pursuant to state law, would allow these refunds to be made upon the approval of the County Auditor and will eliminate these itemz from having to come before the Board of Supervisors. A limitation will be placed on the refunds. Resolution to be placed on Fhe agenda fox' Tuesday, August 3, 19710 71-_1_5.07 BUDGET TRANSFERS APPRAVED On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, the following budget transfers were approveda B-204 Data Processing-Auditor - $8,442.32 to adjust working capital fuad appropriations to reflect actual cost of operations for fiscal year 1970-71 and increases Auditor-Controller appropriation to cover B-205 Supt. of Schools - $3,000 to correct computational error on Salary Savings transfer B-200 B-207 Auditor-Controller - $2,000 transfers from the revenue suspense account to Lime Saddle and will permit repayment of loan to the general fund B-208 Auditor-Controller - $39874.46 - *_o cover deficit at the end of 1970 71 year in. the Lime Saddle fund 71-1508 AUTHORIZE PURCHASES AT COUNTY HOSPITAL On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, purchases were authorized for the Community Hospital, subject to the Auditor, County Counsel and Budgetary control, as followso 1. Grinder-slicer i.n the amount of $350. 2. ~:-Ray machine developer in the amount of $450.00 71-1509 AUTHORIZE CALL FOR BIDS FOR AIR CONDITIONING, DURHAM_MEMORIAL HALL Supervisor Gilman reported that the people who are using the Durham Memorial Hall are feeling the heat. 'There are funds in the budget to take care of the cooling system. Air conditioning installation discussed. Page 13. July 27, 1971 On motion of Supervisor Maxon, seconded by Supervisor Gilman and unanimously carried, call for bids for the Durham Memorial Hall air conditioning was authorized, bids to be open. August 10th, 1971 at 11000 a.m. 71-1510 ADOPT RPSOLUTION 71-159 GI'~ING NOTIGE OF INTENTION 'TO .ABANDON. PUBLIC .HIGHWAY- PORTION OF HORSEMAN AVENUE, CHICO On motion of Supervisor Maxor.., seconded by Supervisor Gilman and unanimously carried, Resolution 71-159 giving notice of intention to abandon public highway was adopted and the Chairman. was authorized to sig n. August 24th, 1971 at 11:00 a,m. set as time for hearing. 71-151.1 EXCEPTIONS Jim Lawson,, Planning Director, explained the request for two exceptions. He stated that there were no recorded access to either parcel of property. Mr. Lawson asked if it was the Board's intent to grant exceptions to property that has no access, Time spent discussing the reque^ots. Mr, Lawson stated that this was a recurring .problem. Supervisor McKillop felt the Board should take another look at the policy of granting exceptions. Phil Mace, assistant county counsel., was requested to research this matter and report back to the Board :next week. No action taken at this time on the requests for .exception, 71-1512 COUNTY COUNSEL TO STUDY MA2TER_OF_ABliSE_TO LAW Ek1E'ORCEMENT OFFIGERS Supervisor Maxon, stated that in the last few years there has been a number of instances when law en.for.cement officers have been spit on or urinated upon. He asked if the County could impose a fine of some type to cover this type abuseg could an ordinance be enacted to protect the officers in this matter. Mr. Phil Mace, assistant county counsel; asked if the District Attorney had been asked if there are State codes to.cover this matter. Mr. Mace was requested to discuss this matter with the District Attorney .and will report back to the Board. 71-1513 GRIDLEY AMBULANCE CONTRACT' TO BE_FOR. PERIOD OE FOUR YEARS Chairman Reynolds stated he had a question for the Board to consider. He stated the question concerned the ambulance-service in. the Gridley-Biggs area. He.said the last contract for these services was for a period of two years. He said he would hope that tl'ae Board would consider goingro a four-year contract at this time. Chairman Reynolds felt "the 4°year contract would give the County and the contractor. more protection and the County would receive a better bid. He said the hospital is quite satisfied with the quality of service now being received. Discussed the request for consideration of a 4-year contract. . On motion of Supervisor Reynolds, seconded by Supervisor•Madigan and unanimously carried, the ambulance contract for the Gridley-Biggs area was authorized to be prepared for a 4°year period of time. 71-1514 APPOINTMENT TO OROVILLE REGRE./~'PION_AREA COMMITTEE On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, Dwight Meyer was appointed a member of the Oroville Recreation Area Committee, 71-1515 S-1 REZONING NOT TO BE CONSIDERED AT THORSDAY NIGHT PLANNING MEETING Jim Lawson, Planning Director, asked "because of the voting on the Vistic matter, did the Board still want the Planning Commission to hold the S-1 rezoning .in Chico open, He was told to hold the matter up until the two Planning Commissions could discuss the matter. No action to be considered at the next Thursday night meeting. ADJOURNMENT• There being nothing further' before the Board at this "time, the meeting was adjoux•ned at 4:15 P.Mo to reconvene on Tuesday. August 3, 1971 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CiERK By' Ch rman-of the Bo rd ~~ oar o rvisors er~~.c"°-- page 14, July 27, 1971.