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HomeMy WebLinkAboutM080773~~ STATE OF CALIFORNIA ) COUNTY OF BUTTE ) August 7, 1973 SS. The Board of Supervisors met at 9:00 adJ'ournment. Present: Supervisors Cameron, G and Chairman McKillop. Cl~,f Nickelson, Admini Blackstock, County Counsel, and Clark A. Ne1so Margie Catt, Board of Supervisors Clerk. .m. pursuant to ilman, Ladd, Madigan, ~trative Officer, Dan s, County Clerk, by INVOCATION: Rev. Charles Fagan, Our Divine Savior Catholic Parish, Chino. Pledge of allegiance to the Flag of the United',5tates of America 73- 1241 APPROVAL OF MTT~T7TES On motion of Supervisor Ladd, seconded'by Supervisor Madigan and unanimously carried, the ~.inmtes of July 3o and 31st, 1973 were approved as mailed. 73-1242 COMMUI~iICATIONS Mrs. J. Johnson, Paradise. Mrs. Tohnson writes to support the p ~ "Your Bus" service as being a fine service and hopes that ''~f0.` ~ it would continue even thou~l~. the fare needed to be ' increased. Other letters also received on this subject. Place in file for BCAG discussion. Norman Holecek, Chico. Mr.T3olecek forwards notice of a meeting put out by Sacramento District Corps of Engineers on ~/ ~-.~ d investigation for flood control and related purposes re Red B1??ff to Shasta Dam to be held in Redding on August 9, 1973• He feels that this matter actually involves the area from Chico Landing to Shasta Dam and as the notice has not been given wide distribution he wanted to call it to the Board's attention. Zetter discussed. George Stamm ';o attend meetin and re ort back to the T3oard. Anita F. Sultan and E~eanor F. Rosener, Menlo Park. The wra.ters ~ express their understanding of disposition of property ol,d on which the county hospital is located in case of closure, and request notification of any action taken in this matter. Referred to County Counsel for study and a report back to the Board. Thiel E. Lippincott, Chico. An appeal is filed on Planning Commissiox decision on tentative map for AP ~1-132-68 owned by Fay W. / / ~•~ ~ Prather. Set for hearing on September 1~., 1973 at 2:00 p.m. Kenney E.-Olson, Paradise. An appeal is filed 'to Planning Commission p p decision re zoning of his property on ,south Libby Road 7i 3, in Paradise. Se., for hearing. on August 28th, 1873 at 2:OOpm Kendall Engineering, Oroville. Appeal is filed to decision of the p 0 Planning Commission in re{;ara to tentative parcel map for l~~' Mr. A. P. Luciano. Already set for August 14, 1973 at 2:40 Mrs. Hazel Booker, Palermo. Mrs.. Booker, who to o p,p d requested to do special nursing duty a L.V.N., was the County Hospital Page 399. August 7, 1973 August 7, 19'73 Director of Nursing and understood that Medicare would pay the fee for her services. The services were not covered by Medicare, she could not collect against the estate of the person served, and is requesting through this letter reimbursement from the County Hospital. The letter appears to be filed as a claim for .the amount of her services. Referred to Administrative Officer to handle. • He will prepare a memo for Board on situation. Will. am P. Mace, Paradise. As attorney for Jack D. Adams, Mr. Mace ~ files alternative writ of mandate in the matter of the ~ j ~ 0' peti ion of Jack D. Adams re use permit for a cabinet ;;hop. County Counsel explained this situation. He will keep the Board informed regarding the hearing of this matter. Barti g, Basler and Ray, Sacramento. The Accountants file copy ~ a ~~p p of audit of OEO and HEW grants for the year ended December 31, 1972. Administrative Officer explained this letter. He does not feel that-there will be any problems. Orovi lle~»Wyandotte Irrigation District. The District files request ~ for $2 million in county revenue sharing funds for partial j Q Z.Z financing of treatment plant and distribution system within the cistrict. Administrative Officer to answer in the same vein as the answer to the other similar re nests. City of Gridley. The City files tax rate set by resolution ~ o ~ c~[p to be applied to the 1973-74 assessment roll in the City. Referred to Auditor. ,Yuba County Water District. The District files list of standby ~ p a,5 charges delinquent as of August 1 for placement on the tax roll. Referred to Auditor. State Controller. The Controller forwards copy of his letter to Senator Dymally regarding November 6 special election Q 0 costs and •t;he fact that there is no appropriation for j 0 ~ ~ this and that he has no legal basis to honor claims for the costs of the election. Discussed. It was stated that there is Legislation pending regarding this matte^. State Air Resources Board. The Division writes regarding p ~ SB 156 which pertaiaas to public availability of air 3 ~~` pollution emission data and encloses copy of the bill. Information only. B. F. Sisk, U'. S. Congressman. Mr. Sisk writes regarding HR 5307, a bill which he introduced to attempt to alleviate the ~ D~~~burden on local taxpayers for medical care services to f illegal aliens. The bill will authorize the Federal government to reimburse hospitals and other treatment facilities for emergency medical treatment to aliens. He solicits support for the bilk Discussed. County Counsel will investigate the bill and give Board a resume of bill. U. S. Department of Agriculture. The Del-artment forwards draft of environmental statement for a proposed rangeland d~ enhancement program of National Forest lands in C<3.lifornia. j~ 3E They request review and comment by the Farm Advisor, Agricultural Commissioner and any other county agencies. Discussed. A report will be requested from the Farm Advisor and Agricultural Commissioner. Necia Lindquist. In appreciation of Board action regarding her / 3.d y petition to place a mobile home on her property for ~ her aged parents. Page 400. August 7, 1873 _ _ _ _ _ _ _ _ - _ _ =August ~ ~ =1~7~ _ _ - _ - _ _ _ _ _ _ W. A. Cook, Chico. Supervisor Gilman read this letter requesting a variance from County set back requirement. This is for property on W. 8th Avenue, Chice. A leach line was laid within the setback line, but in back of the curbing that they had installed. Request discussed. County Counsel will look at the request and action will be taken later in the day. Richard F. Bush. He writes informing the Board of threats to the homes in North Chico. The residents feel that there is d gala an arsonist in this area. Letter was signed by many of ~.. the residents. Request discussed. Supervisor Madigan stated that there were areas that should have the grass controlled burned. Supervisor Pladiga_n a_nd Supervisor Ladd to be given copies of the County's weed abatement ordinance. Letter referred to Sheriff and Jerry Letson, Division of Forestry. Letters from Butte Glenn Medical Society, Medical Center Hospital and Enloe Hospital. Administrative Officer will make co-?ies o~ these letters for the Board members so that they can be discussed tomorrow. 73-1243 DISCUSSION: I'TRE HAZARDS IN THE EL MEDIO FI13E DISTRICT ,Supervisor Ladd explained that he had communications and pictures of fire hazards t~~ithin the El Medio Fire District. 'The pictures show State owned property. Supervisor Ladd said the District has had good compliance from the residents concerning abating of fire hazards but the State does not comply with the regulations. The residents and the Fire District would like the Board to take action in this matter and secure cooperation from the State to abate the fire hazards and clean up the property. Pictures and complaint referred to County Gounsel to determine who is responsible for the property and who should handle the property regarding the abatement of the weeds. ~ 73-12G-4 ADOPT RESOLUTION 73-132 in re APPLTCATTON FOR GRANT UNDDR SECTION~Ol__OF_THE OMNIBUS CRIME CONTROL A£3D SAFE STREETS ACT of 1968 Chief Wesley Barrett, Oroville ='o lice Department and Sheriff Larry Gillick presented an application for grant under ~~ fiection 301 of the Omnibus Crime Control and Safe S~,reets Act of `L~' 1968 for approval. Total project cost - X159,867 for the first year. Federal money will be $119,900, State buy-in X9,991, local hard match X12,653 and other in-~a_nd matching X17,323. Sheriff Gillick said at the present time they are requesting a letter of intent or Resolution requesting these funds. There are eleven entities that are partici'~ating in this program. The applicant is the County of Butte and. the Chairman will be designated to sign the application. It is their intent to establish a Regional Task Force to be used in the four Counties involved. Fina~~cing of this program set out by Sheriff Gillick. Sheriff Gillick stated that Chief Barrett was the man that put the project together. Chief Barrett explained how the matching funds would be distributed. He did not know for sure, at this time, how much t:1e County would have to put up. The other entities have already appropriated the funds for the project. Chief Barrett explained the program and how it wopageb~iandled. August 7, 1973 _ _ _ _ _ _ _ _ _ _ = August 2, ~1~7~ _ _ _ _ _ _ _ _ _ _ = = Supervisor Ladd set out his feelings concerning this project. He said he was sure that the County needs help in law enforcement and crime abatement. He does not think, however, that the County should be constantly starting programs that they cannot afford to keep up at a later date. Chief Barrett agreed with Supervisor Ladd. He feels, however, that something good is going to come from this program. This will be a team effort, in coordination with all the other users of the program. Chief Barrett said that a couple of years of study has gone into this program. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, Resolution 73-132 regardin. application for grant under Section 301 of the Omnibus Crime Control and Safe Streets Act of 1968 was adopted and t~la Chairman was authorized to sign. Chief Barrett stated that this resolution of intent did not finalize this matter; there will be a contract that must be filed. Action on this will be at a later date. 73-1245 ADOPT ORDINANCE 1374, AMENDING THE SALARY ORDINANCE The salary ordinance amendment has been. prepared to implement the transition plan moving five deputy sheriffs, one records and identification technician and one animal control man positions from PEP to the Sheriff's budget. Amendment discussed. Supervisor Ladd said in regard to the Sheriff's Department he has been contacted by some people who had called the animal control officer. There was a large dog that the people were afraid of and they felt it would harm them or their children. The animal control officer told them to stop bothering him about this dog until the dog did something. He would like to know if this could really happen. He asked if this was the animal control officer's attitude. Mr. Nickelson will follow through on this. On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, Ordinance No. 13?4, amending the salary ordinance, was adopted and the Chairman was authorized to sign. 73-1246 AUTHORIZE DECLARING OF AIR CONDITIONS AS SURPLUS PROPERTY Public '(dor]_s requests authorization to dispose of a York air conditioner #44228 which is worn out. and a urindohr air conditioner #08iT01260 which is also worn out and that these be transferred to County Buildings for cannibalization for parts. Request discussed. On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, a York air conditioner #44228 and a window air conditioner #08UTQ1260, located at Public Works, were declared surplus property and authorization was granted to dispose of same. 73-124'] DISCUSSION_AMBULANCE CONTRACT-EMEEtGENCY .SERVICES Pursuant to Board instructions, contracts with three ambulance operators have been prepared by Counsel providing for Page 402. _. August 7, 1973 -- - - - - - - - - _ =August ~, ~lg'7~ _ _ __ _ _ _ __ _ _ _ _ response to emergencies by the operators and payment therefore for certain uncollectible items after biliing procedures specified have been complied with. The agreement was drawn and approved by Counsel. The Auditor's approval of the contract is subject to Board designation of the county official authorized to approve claims under the contracts, and also designation of the budgetary account to which the claims would be charged. This item carried forward from previous week. Supervisor Ladd set out various Questions concerning the contract. He asked a question concerning the matter that if the County pays the claim, then the county should have all the rights for collection of the claim. He feels that the County should have the right to collect this payment from the person who received the services. Question discussed. .~'Ir. Bosworth stated that it is set out in the contract that if the patient pays the bill, then the County ~u1d receive such payment. Supervisor Ladd felt, also, that the payment should be limited to the a-~ount of the bill, and the contract should so state this fact. Supervisor Ladd also set out the matter o~ the liability insurance. He feels that the amount should be increased. Insurance discussed. It was felt that the coverage should be increased. County Counsel will check with the opera~.tors and see if they can stand a million dollar coverage. It was also felt that the County should be furnished a copy of the insurance papers. Contract discussed; put over to Tuesday, Augast 14th, for action.. 73-1248 APPROVE DRUG CONTROL RESEARCH CENTER CONTRACT TnTITH THE BRID On motion of Supervis•~r Cameron, seconded by Supervisor D`p D Gilman and unanimously carried, the Drug Control Research ~`~' Center contract with the Bridge was approved and the Chairzuan was aut'_~orized to sign. 73-12~~9 BUDGET TRANSF~?S DISCUSSED Budget transfers discussed. Mr. Boswex~th stated that these were merely boo~~keeping transfers. They are the final cleanup of last yez.r's budget. The Auditor has to get his books closed so he can set the County tax rate. It was felt that these could be taken care of tomorrow; no action at this time. R~c~ss : 10:25 RECONVENED: 10:40 73-12 0 PLANNING ITEMS SET FOR PUBLIC HEARINGS: SEPTEMBER 11th The following Planning items were set for public hearings on Tuesday, September 11, 1973 at 2:00 p.m. 1. Butte County Planning Commission - rezone from "R-1" (single family residential) to "C-2" (general commercial; The p~perty is located on the northeast and northwest corner of Schmale Lane, identified as AP 51-22-1'7 and the soa'.,herly 150 ft. of AP 51-22-62, Paradise. Page 403. Aub-ust 7, 1973 _ _ _ _ _ _ _ _ _ _ _ _ _Augv ~ 2 ~ =1~7~ _ _ _ _ _ _ _ _ _ _ _ 2. Charles 0. Jones - rezone from A-3 (agricultural) to "A-2 Ltd." for property located on the north side of Hamilton Rd., approxi~iately 1/2 mile west of State HT~'-• 99E, containing 40 acres, more or less, identified as a portion of AP 29-22-49, located north of Biggs, 3. Kenny Olson - Appeal of Planning Commission's denial of rezone from 1'RT-1" (minimwn den:.it -residential try trailer) to "R-2" (duplex residential for property ~ located west of Libby Road, 100 ft. north of Roe Road, identified as AP 55-211-05, containing 2.67 acres, Paradise. 73-1251 ADOPT ORDINANCE 13'75, AMENDING ORD. 1078, CONSOLIDATING S-1 MINIMUM DENSITY SUBURBAN RESIDENTIAL) DISTRICTS Jim Lawson, Planning Director, summarized the recommendation of the Planning Commission concerning the Gerdes Lydon, et al, rezone from "A-2" (general) tp "S-1" (minimum densi'sy suburban residential) district for an area generally described as located 660 feet north of Lupin Avenue to 660 feet south of Lassen Avenue, Chico, containing y-0 acres, more or less. Planning Commission held with their previous recommendations. Mr. Koonce and Mr. Novak ~~a.ve requested that their parcels to the north of this rezoning area be deleted. Supervisor Madigan felt the parcels should be deleted. Mr. Novak was present as~d spoke on his request for deletion. IIe said the plans for the redesign of Cohasset Highway has been approved; they will improve their property in co^~pliance with the City of Chico. They have complied with the County's requirements for sewage. They have made ne:~r pert tests. These will be one-story units. They are ready to proceed with the street improvements. Request discussed. Cn motion of Supervisor Madigan, seconded by Supervisor Ladd and unanimously carried, Ordinance No. 1375 amending County Ordinance 1078, consolidating S-1 (minimum density suburban residential) districts was adopted, with the deletion of the two parcels to the north owned by Mr. Novak and Mr. Koonce, and the Chairman was authorized to sign. 73-12 2 APPROVE TENTATIVE PARCEL MAPS RECOMMENDED 1'OR APPROVAL Three tentative parcel maps recomme~~led for approval were set out by Mr. Lawson. Supervisor Cameron stated that the map of John L. Groot, four lots, on Magalia-Nimshew Road, near Humbug Road, Paradise does not conform to the General Plan for that area. It is close to the Paradise Pines operation. If approved, this would be opening the back door for all that area, to develope without adequate roads and improvements. He said there were some people in the audience that trould like to speak on the matter. Appearing: Mrs. Franklin Butler, Nimshew. She stated that this map has been approved by the Planning Commission even Page 404. . August 7, 1973 August 7, 1973 though it did not con,~'~-~ with the General Plan. She set out the people's opposition. to the map, urging the Board. to deny the map, Mr. John L. Groot explained his request for approval of the map. He did not realize that the access would tape oi'f so much of his available land. Access road discussed. The road would be built to County standards, graveled with asphalt paving over it. Supervisor Cameron said he would like additional requirements placed on the map; that the access road be brought up to County standards and that there be no further splits of the property. Also appearing: Mr. Orville Johnson. He said he was concerned about the water pollution from this develop~messt. They have shallo*s wells in that area. The drainage from the proposed development might pollute their wells. Mr. Harold Bartholson, Nimshew Ridge, spoke to tine matter of water supply and problem of water pollution, Map discussed. This map put over one week. On motion of Supervisor Ladd, seconded by Supers,,*isor Gilman and unanimously carried, the following tentative parcel maps were approved ?~~i_th the conditions of the Planning Commission ~.ttached 1. V. K. Johnsen - AP 40-34-9 ~ 10, two lots, end of Paseo Companeros and on Comanche Creek, Chico. Engineer: Walter B. Grimes & Assoc. 2. Tom Bigelow, AP 31-23",-®4 & 09, two lots, west side of 5th Street, between Shasta and Yolo Avenues, Oroville. Engineer: Kendall Engineering 73-1253 APPEARANCE: GENE MERCER, SECRETARY-BUTTE COC7NTY FISH & GAME COM. Gene Mercer, secretary of the Butte County Fish and Game Commission reported on the meeting he held Sunday. He said there is an interest in forming a nine County Fish and Game Commission. The speaker at the meeting Sunday outlined some of the things the local commissions could be doing. He said that the report commi~t:tee will report to the nine Northern Counties ,Supervisors Association meeting to be held in Oroville this coming Friday and Saturday. He said he would like to brief this Board on ~:~hat they were going to be told at this meeting. He set out matters that had been discussed at the meeting. Supervisor Ladd said it would be his suggestion that each Oounty have their o.an Commission and that the Commissions form an Association to meet and discuss matters that were important to them. Presentation discussed; no action taken. 73-1254 APPEARANCE: JAMES HANSEN, OROVTLLE James Hansen, Orov~lle, said he had a problem understanding something about the hospital issue. He explained his views concerning the election and the operation of the hospital. He said he would like to 3~age ~e the radio and TV received their August 7; 1973 - _ - _ _ _ _ _ _ _ =Aug€zst 2 ~ =137 .~ _ _ _ _ _ -- - ~ _ _ _ _ information that the people demanded that they did not want the hospital; the people have not .demanded that the hospital be closed. 73-1255 APPEARANCE: MR. JERRY WILSON HOLCOMB, REGARDING WELFARE GRANTS Mr. Jerry Wilson Holcomb stated that he felt that every person living in this County should have adequate food. He does not have electricity or refrigeration. After next month they will not have a home. Both he and his wife are disabled. He feels that he is being discriminated against. Chairman McKillop said he had talked to this man on the telephone. At the present time he is under General Assistance. The on1.y recourse this man has was to appear before this Board and have them decide whether he qualifies for General Assistance. Mr. Ed Robinson, Welfare Director, was present and he asked County Counsel whether the affidavit of confidentiality exists. Dan Blackstock, County Counsel, said that it did not because the applicant had brought up the subject in public. Mr. Robinson stated that this man and his wife had purchased a place on Clark Road. They seem to be running some type junk yard there. The State has denied him his total disability claim. He is now applying for ATD. He owns too many assets to be under General Assistance. Miss Susan Lowry, representing Mr. Holcom from the Chico Legal Aide, stated that the Chico Legal Aide feels that the County Welfare Department had made a inadequate investigation and terminated these people from General Assitance. She said that the Chico Legal Aide represented the Holcombs at the State hearings. The State had granted their request. Mr. Holcome has reapplied for ATD. She said they feel that the decision from the State shows that their client was right. Mr. Robinson set out the background of this request. The Holcombs transferred their ATDC claim from Los Angeles County. This was needy help for their grandchild. This County helped them until the grandchild returned to the Los Angeles Coux3.ty. There are three different types of aid involved in this application. Mrs. Ina Meeker of the Salvation Army spoke for the Holcombs. She said she has had to feed these people for a long time. She supplied them with food or she felt they would have starved. Chairman McT~illop asked Mr. Robinson if the Holcombs new application had been processed. Mr. Robinson said the application has gone down to the State office; the County makes no decision on ATD applications. The ATD application made by the Holcombs in Los Angeles had been denied down there. Supervisor Cameron stated that he was familiar with the site of the property of these applicants. The neighbors have called him about the condition of the property. He felt they should not be denied food. He said he did not know why they were Page 406. August 7, 19'73 _ _ _ _ _ _ _ _ _ _ _ = August 2 ~ =1~7~ _ _ _ = _ _ _ _ _ _ accumulating so many vehicles at this site. Chairman Mc~illop stated that at this point the only way this Board could help them would be through General Assistance. This has to be done by Board action. Supervisor Ladd said he felt the rules should not be changed for an individual. These people are eligible for food stamps. Mr. Robinson stated that there would be a zero purchase for food stamps. The Board could sustain the action of the Welfare Department and give them zero value for food stamps. Action discussed. Tt was moved by Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried that this Board sustain the decision of the Welfare Department and granted to the Holcomb family food stamps at zero costs. RECESS: 12:10 RECONVENED: 1:30 73-1256 REQUEST DEPARTMENT OF SOCIAL WELFARE TO RE-EVALUATE QUALIFICATION TO AIDE PROGRAM RE MR. HOLCOMB On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, the Department of Social Welfare was requested to re-evaluate the amount of value that it has in respect to the qualifications to the Aide Program as soon as possible, with a copy of this evaluation to be sent to Wally Lee, 228 Salem St., Chico. Said evaluation is re Mr. Holcombs application for aid. 73-1257 APPROVE AMENDMENT TO LAND CONSERVATION ACT AGREII`?EN'T FOR AHART, PUBLIC HEARING SET FOR SEPT..11, 1973 at 2:00 p.m Clay Castleberry, Public Works Director, set out the amendment to the Land Conservation Agreement for Peter Apart. Because of realignment of the Palermo-Honcut Highway, 3.7 acres of land beloxzging to Mr. Apart are isolated from normal farming practices. Mr. Mackessy has polled the Land Conservation Committee and the recommendation of the Committee is that the Board approve the request to delete this property from the Land Conservation Agreement without penalty being involved. Neil McCabe, deputy county counsel, recommended that this should be handled as a normal cancellation, and the Bo and set public hearing on the matter. Cancellation discussed. On motion of Supervisor Cameron, seconded by Supervisor Ladd and unanimously carried, the amendment"to the Land Conservation Act Agreement for Peter Apart deleting 3.7 acre parcel segregated by the Palermo-Honcut Highway realignment was approved and public hearing was set for September 11, 1973 at 2:00 p.m. 73-1258 APPROVE CHANGE ORDER ,#7 OF EXTRA WORK AT FORCE ACCOUNT FOR INTERSECTION OF SgYWAY AND NIMSHEFl, PARADISE PINES A.D. 12, 13 & 14 lay Castleberry explaa~ned the need for the increasing amount of $7,113.78 for extra work at force account for the intersection of Skyway and Nimshew, Paradise Pines A. D. 12, 13, "- and 14, CCO #7. Page ,407. August ~, 1973 Au~ust_7i ?-973_ _ On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, Change Order No. 7 for Paradise Pines A. D. 12, 13, & 14, in the increasing amount of X7,113.78 for extra work at force account for the intersection of Skyway and Nimshew was approved and th,e Chairman was authorized to sign. 73-1259 ACCEPT T,IABILITY LANE INTO COUNTY-MAINTAINED SYSTEM Clay Castleberry recommended-acceptance of Liability Lane, off Oroville Dam Boulevard, into County maintained system. This has recently been paved and would have no maintenance costs to the County for a long time. On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, Liability Lane was accepted into the County-maintained road system and the Public Works Director was authorized to sign and record deed. 73-1260 APPROVE CONTRACT FOR ENTERPRISE LAUNCHING FACILITY: RIGHT OF' WAY ACQUISITION APPROVED: ACCEPT ROADS AND DRAINAGE FOR SOUTHGATE INDUSTRIAL PARK Clay Castleberry set out the Enterprise boat ramp and parking lot. The State will pay all contract construction costs, as well as engineering costs to Butte County of X11,000 (estimated) on verified records. The total project estimate including County engineering is X135,000. Contract award date is scheduled far October, 1973. On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, the following action was taken on Public Works items: 1. Approve contract for design, advertising, constructing and inspection of 50-car and trailer lot, restrooms, two-lane concrete boat ramp for the Enterprise launching facility with State of California, through Department of Navigation and Ocean Development. 2. Approve right of way acquisition, agreements for sale, authorized Chairman to sign and Auditor authorized to issue warrant upon. demand of the CountyS escrow agent on the following: Palermo-Honcut Highway Apart 2.015 ac. {Exchange) Oroville-Quincy Slide Cameron 0.177 X266 No impr. Total X266 3. Acceptance of road and drainage for Southgate Industrial Park Subdivision and approve release of performance bond subject to maintenance bond which is posted. 73-1261 ACCIl'T MACY AVENUE INTO COUNTY ROAD SYSTEM lay Castleberry explained that work has been completed bringing Macy Avenue to County standards. On motion of Supervisor Madigan, seconded by Supervisor Gilman and unanimously carried, Macy Avenue was accepted into the County maintained road system subject to completion of construction project and recording of deed. Page 408. August 7, 1973 August 7, 1973 73-1262 PUBLIC WORgS AUTZIORIZED TO NEGOTIATE FOR ADDITIONAL SPACE AT HEAL ROAD DUMP Clay Castleberry, Director of Public Works, requested Board permission to question certain added costs because of Regional Water Quality Control requirements regarding Neal Road landfill. He stated that he would also life authorization to acquire 50 or 60 acres downstream from the dump. Matter discussed. Supervisor Cameron reported that he has received phone calls complaining that the gate to Neal Road dump has been locked before closing hours. Mr. Castleberry stated that he wi11 look into the matter. Discussed. On motion of Supervisor Gilman, seconded by Supervisor Cameron anal unanimously carried, Publie Works was authorized to start looking into negotiations for additional space at Neil Road dump. 73-1263 REPORT ON FISHING ACCESS DEVELOPMENT Mr. Castleberry reported on the fishing access development. He reported the following: 1. X170,000 grant approved with Wildlife Conservation. Board. 2. Construction agreement approved with the Wildlife Conservation Board. 3. Maintenance and operation agreement with the Wildlife Conservation Board has been drafted but not approved as yet. 4. Service Agreement with the State Parks has been drafted but not yet approved. Mr. Castleberry hoped .for a construction schedule beginning November, 1973• ' 73-1264 DISCUSSION: ARCHITECTURAL SERVICES - LIBRARY (SAFEWAY BUILDING) Mr. Castleberry suggested that County Counsel be authorized to draw up an architectural agreement, stating that the architect wi11 work with the committee in the remodeling of the Safeway Building fox the County Library. Architectural services discussed. It was felt that an agreement could be made, and prior to exercising the agreement, the concerns of the Board wi11 be made known to the architect. No action taken. 73-1265 VARIANCE GRAN'T'ED TO WALLY COOg FOR 20' LEACH LINE On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, variance far Wally Cook of a 20 foot leach line was granted, with the provision that if and when additional area is needed for a right-of-way, the leach line will be moved at Mr. Cooks expense. '73--1266 DISCUSSION: ISSUANCE OF BUILDING PERMIT FOR FOREST RANCH PROPERTY OWNER Supervisor Gilman reported that Public Works has been withholding a building permit from an individual who apparently is the victim of a lot split without the benefit of a map or access. There is only 15 feet access to one of the parcels and Page 409. August 7, 1973 August 7, 1973 the owner has indicated that he will give 30 feet of his property for road purposes. Mr. Castleberry stated that he understood the property owner's concern in the matter, and that he has no legal way to hold up the permit. He felt the whole parcel was split improperly. Supervisor Gilman felt all the parcels involved in this should be treated equally. Right of way discussed. Mr. Castleberry suggested that he issue the building permit and ask the property owner to provide 30' for a right-of-way and work things out as each property owner in this area applies for a building permit. No action taken. ~ 73-1267 ADOPT RESOLUTION 73-133 TO THE STATE LEGISLATURE REQUESTING ESTABLISHN~IVT OF A THIRD SUPERIOR COURT DEPARTMENT IN BUTTE COUNTY Loyd Mulkey,president of the Butte County Bar Association. was present to discuss the possibility of a third judge for the Superior Court. He stated that Carl Leverenz, attorney, has prepared a report on the matter, in conjunction with the Judges. Mr. Mulkey felt a third department is needed in the County and if the Board is in agreement, a resolution should be sent to Senator Marley indicating the Board's feelings. The Judicial Council report indicates that there is a need for 2.6 judges in the County. Personnel for third court discussed. Mr. Mulky stated that there would be no need for additional Bailiff. SB 90 discussed. County Counsel stated that the legislature has previously determined that SB 90 would have to be amended. The proposed resolution for Board consideration. contains reference to SB 90. There are a number of bills going through the legislature this year for judges. Amendments to SB 90 discussed. Costs of visiting judges discussed. Clif Mickelson, administrative officer, questioned why an additional bailiff is not needed for a third court. Supervisor Cameron was in agreement that a third court was needed. He felt the County should have visiting judges for a year which would give the Board abetter idea of the needs and costs of the third court. He favored asking Senator Marley to put a delay clause into his bill, for appointment of a judge in 1975. Delay discussed. Supervisor Gilman felt that with deletion of the Juvenile Referee, the function of Superior Court would be broadenedg and there would be considerably less money. Supervisor Madigan felt there is .every justification for a third judge. On motion of Supervisor Madigan, seconded by Supervisor Ladd and unanimously carried, Resolution 73-133 to the State Legislature requesting establishment of a third superior court department in Butte County was adopted and the Chairman authorized to sign. Page 410. August 7, 1973 August 7, 1973 73-1268 REQUES'T' AMENDMENT TO AB 2008 re ELECTION TO RAISE TAX RATE FOR SERVICE DISTRICTS .Dan Blackstock, County Cpunsel, reported relative to SB 90 and AB 2008 as it relates to Butte County Service Areas. He set out the alternatives the Board could take, including an amendment to AB 2008. He stated that he had contacted Senator Marler and CSAC about the matter. With AB 2008 the cost to raise the tax rates of service areas would be out of proportion to what the people would receive. Amendment to AB 2008 discussed. It was moved by Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried to request an amendment to AB 2008 to provide that as long as the level of service is not increased anal a shortage is due to an increase in rates or a decrease in the assessed value for a service district, that funds could be raised for service districts without going to an election. ~{ '73-1~2~_ADOPT RESOLUTION 73-134 TN OPPOSITION TO AB 1404 On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, Resolution No. 73-134 in opposition to AB 1404 relating to justice courts, was adopted and the Chairman authorized to sign. 73-1270 DISCUSSION: CHICO AREA PLANNING CONSULTANT AGREEMENT Letter to City of Chico from Mr. Jones of Duncan & Jones, consultants for Chico Area Planning, discussed. The letter refers to an "oral agreement" with the City. Chairman Mcgillop felt the matter should be on the agenda for the next BCAG meeting. It was felt that Mr. Jones should be asked to be present at that meeting to discuss his letter. 73-1.271 PUBLIC HEARING: JOHN T. ANDERSON, ET AZ-REZONE FROM A-R TO AR-MH LOCAfiED SOUTH OF OROVILLE--BANGOR HWY., NORTH OT' FOOTHILL BLVD., OROVILLE Public hearing for John T. Anderson, et al, rezone from "A-R" {agricultural-residential) to "AR-MH" (agricultural- residential-mobile home) for property generally described as a portion of the north half of Section 26, T19N, R4E, located south of Oroville-Bangor Hwy. and north of Foothill Blvd., Oroville, was held as advertised. Jim Lawson, Planning Director, set out the action taken by the Planning Commission, who recommended approval on a 6-2 vote. Hearing opened to the public. Appearing: 1. John Anderson. Mr. Anderson stated the main reason for this rezoning is to enable him to place a mobile home on his property for his mother-in-law, who will stay on the property while he is away on his job. Hearing closed to the public and confined to the Board. Rezoning discussed. 73--1272 ADOPT ORDINANCE N0. 1376 ZONING A PORTION OF BUTTE COUNTY AN "AR-MH" DISTRICT PURSUANT TO ORDINANCE N0. 4'75 as AMENDED On motion of Supervisor Lad , seconded by Supervisor Page 411. August 7, 1973 August 7, 1973 Gilman and carried, Ordinance No. 1376, an ordinance zoning a portion of the County of Butte, an "Ai2-MH" (agricultural-residential- mobile home) district, pursuant to Ordinance No. 475, as amended, was adopted and the Chairman was authorized to sign. AYES:: Supervisors Gilman, Ladd, Madigan and Chairman McKillop NOES: Supervisor Cameron. 73-1273 PUBLIC HEARING: IVAN F. PHIPPS, REZOP]E FROM 'TA-R" TO "AR-MH" FOR PROPERTY LOCATED EAST OF WYANDOTTE TERRACE #1 AND WYANDOTTE TERRACE #2, OROVILLE The public hearing for Ivan F. Phipps, rezone from "A-R" (agricultural residential) to "AR-MI3" (agricultural-residential-mobile home) district for property located east of "Wyandotte Terrace Unit ;~1," and "Wyandotte Terrace #2", identified as AP 36-19-35, containing 26 acres, more or less, Oroville, was held as advertised. Jim Lawson explained that the Planning Commission recommended approval on a '] to 1 vote. Supervisor Cameron questioned Mr. Lawson regarding the rezoning. Hearing opened to the public. Appearing: 1. Representative of Ivan F. Phipps. Mr. Phipp's representative explained that Mr. Phipps plans to make a mobile home subdivision if the rezoning passes. Hearing closed to the public anal confined to the Board for deliberation. Rezoning and advertising of rezonings discussed. Mr. Lawson stated that the Planning Commission is ready to go back to the previous method of notification for rezonings. 73-1274 ADOPT ORDINANCE 137'] ZONING A PORTION OF BUTTE COUNTY 'TAR-MH" DISTRICT PT7R,SUANT TO ORDINANCE N0. 475, as AMENDED On motion of Supervisor Ladd, seconded~by Supervisor Gilman and carried, Ordinaxa.ce No. 1377, an ordinance zoning a portion of Butte County an "AR-MII" (agricultural-residential-mobile home) district, pursuant to ordinance No. 475, as amended, was adopted and the Chairman authorized to sign. AYES: Supervisors Gilman, Ladd, Madigan and Chairman McKillop NOES: Supervisor Cameron 73-1275 PETITION FOR VARIANCE TO PROVISIONS OF SECTIONS 19-10 and/or 19-12 OF THE BUTTE COUNTY CODE: JENSEN SET FOR HEARING SEPT. 11 19 3 lac hearing was set for September 11, 1 73 at 2:00 p.m. for Norman J. Jensen, petition for variance to provisions of sections 19-10 and/or 19-12 of the Butte County Code, for property located at Justeson Road, also identified as AP 022-24-0-091-0, Gridley. 73-1276 DISCUSSION: REQUEST THAT THE IMPOSITION OF A "DISCRIMINATORY" AI"IOUNT FOR DRAINAGE DEPOSITS RE NEAP CONDITIONS FOR JAMES HORNER BE ELIMINATED Russel Mount, present to discuss drainage fees for a parcel he sold to James Horner. Mr. Mount explained that Mr. Horner has split the parcel into 4 lots. He stated that when he sold the property to Mr. Horn he had told him that drainage fees would not be more than $100 per lot. Clay Castleberry felt X100 is not a true indication of costs of drainage. Page 412. August 7, 1973 _ _ _ _ _ _ _ _ _ _ _ _August _7_, _1973 _ _ _ Parcel maps discussed. The property is located on Vallombrosa Ave., Chico. Mr. Mount's interests in the property discussed. Mr. Mount explained that his onay interest is that Mr. Horner owes him money for the property. Drainage for property in questinn discussed. Mr. Castleberry stated that temporary drainage would be dry wells, and $100 would not be a true share of a drainage district, for that area. Mr. Castleberry, Mr. Horner, and Mr. Mount will meet and try to settle the matter. No action taken. Lots splits and family trees discussed. Planning will try to research the background of lot splits that come before the Board . 73-127'] ADOPT RESOLUTIONS 73-134, 73-135, AUTHORIZING THE SALE OF TAX DEEDED PROPERTIES - TII~MATITO AND CONCOW ROAD On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, the following resolutions were adopted and the Chairman authorized to sign: ,,. 1. Resolutinn 73-134 authorizing the sale of AP 230-22-0- '~ Oll-0, located in Thermalito, minimum price X1,350. „~ 2. Resolution 73-135, authorizing sale of AP 041-30-0-006-0 located on Concow Road, minimum price X188; and the Chairman was authorized to sign the Agreement of Sale to the County of Butte. 73-127$ PUT OVER: MEMO OP UNDERSTANDING: MILEAGE PAYMENTS AND CAR USAGE STUDY The following item was put over one week: memo of understanding-mileage payments and car usage study. The Administrative Office, pursuant to the Myers-Milian-Brown Act, has met and conferred with representatives of the Employees Association and forwards memo of understanding proposing that the current 12¢-10¢ mileage rate be increased to 15¢-10¢. 73-1279 AUTHORIZE LETTER TO ASSEMBLYMAN CRAPPIE RE GOVERNOR.REAGANS TAX LIMITATION INITIATIVE Letter from the State Controller discussed. It was felt the State should pay for the Governor's special election. On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, a letter to Assemblyman Chappie, supporting his bill regarding the Governor's tax limitation initiative was authorized, with copies of the letter to Senator Marler and Assemblyman Johnson requesting their endorsement. 73-1280 DISCUSSION: DATA PROCESSING ANNUAL STATEMIlVT Supervisor Madigan questioned Data Processing's annual statement. With the annual surplus, he wandered why X5,000 could not be put back into the General fund. Discussed; no action taken. Page 413. August 7, 1973