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HomeMy WebLinkAboutM091173September 11, 1973 STATE OF CALIFORNIA ) SS. COUNTY' OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Cameron, Gilman, Ladd, Madigan and Chairman McKillop. C1if Nickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark A. Nelson, CountyClerk, by Margie Catt, Board of Supervisors Clerk. INVOCATION: Rev. Guy Bennett, United Pentecostal Church, Chico Pledge of allegiance to the Flag of the United States of A*nerica 73-139 APPROVAL OF MINUTES On motion. o I Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, the minutes of August 28, 1973 were approved as submitted, with the change on Page 461, Item 73-1388, second paragraph, last sentence, to change "on-site" to "off-site" improvements. 73-1397 corm~ulvzcATIONs Walter Gleeson, public guardian. Mr. Gleeson submits his resignation as S,D ~ Butte County Public Guardian effective Friday, September 14, 1973. 7 Discussed. See motion following communications. Josephine Terry, county librarian. Mrs. Terry files copy of California Public p pro Library Report for the Butte County Library fox the fiscal 1972-73 in ~~ compliance with Education Code 27262. Information; no action required. Correspondence re "Your Bus." Mrs. Eunana Boysol, Chico, and Mrs. Mary L. Huston, O p a Chico writes in support of the bus. The City of Chico forwards copies '~~ of approximately 28 letters in support of the bus service. Some of these being signed by several people. Placed in "Your Bus!' file. ,Tack Vandenberg, Sacramento. Mr. Vanderberg, who has property on Central House O ~ ~ ~ Road, experienced a fire last Sunday and writes to express appreciation `~ for the prompt attention by the Palermo, Gridley and State Forestry Service fire units. Information. ~~ Nadine Freeman, Nimshew. Appreciation is expressed for the Board's denial of extension of Larwin's Unit 16 and also to support an ordinance which would limit development expension to a reasonable rate. Information. Carl Estep, Chico. Mr. Estep requests reconsideration of the denial of his ~ homeowner tax exemption because of late application. Mr. Estep was out ~'~, ~ of state and did not know of the exemption at the time as he had just recently purchased the property. Referred to County Counsel for-study and to answer. Jerome D. Peters, ~'r., Chico. Appeal is filed to the Butte County Planning ~ ~ Commission's recommendation for 60' easement as condition of approval ~~~' to parcel map. Referred to Planning Department. Ruth P. Farr, Paradise. Request is filed for permission to place a mobile home on property on a temporary basis. Referred to Howard Toussaint, ?/ Health Dept., to send prohper for~ms1. Clay Castleberry will inform the i ~2j ~ Building Dept. to send tPa ePgi-O4e to Health Department for forms concerning these requests, 6 September 11, lg']3 _ _ _ _ _ _ _ _ - - _ =S~p~emb~r_11 ~ =197 = - - - - - - - _ _ F Residents of Johnny Lane, Chico. Fifteen persons petition for change in ,7 p+ 1 speed limit on Eaton Road to 25 mile per hour zone rather than ~` partial 25 and partial 35. Referred to Public Works. Mr. Castleberry will report back to the Board on the matter. Charles Todd, Paradise. Mr. Todd is Director of Division 5 of the Paradise ~ Irrigation District but is no longer a resident of this Division. kIe now resides in Division 2 and will seek nomination and election as f b b`~ Director from Division 2. Re requests that someone be appointed as his successor for Division 5 so that if elected he could serve as a Director of Division 2. See discussion following communications. Nadine Freeman, Paradise. On behalf of a large number of property owners on Nimshew Road, interim zoning of AR-MH3 for a period of 120 days is requested. The residents are preparing a zoning study to present to the Planning Commission for consideration. Referred to Planning Director. Residents of the William H. King Estate of Pulga. A petition signed by 24 persons is filed requesting that the section of county road fxom the bridge over flea Valley Creek to the end of the Gramps property be surfaced once a year at the beginning of the dry season to reduce the dust and safety hazard it causes. Referred to Director of Public Works for study and to answer the petition. Mau{ice L. Norman, Paradise. Mr. Norman writes regarding the proposal of the 1 ~~,~ d Chico City Council for special taxing areas. Information only. Darrell W. Stevens, Oroville. As attorney for Irvin D. Schlaf request is ~ a filed for granting of an exception pursuant to Section 20-41 of the ~ ~' Butte County Code. Discussed. See motion following communications. Rolland R. Hauser, Chico. Mr. Hauser sends copy of his letter to the Chair- ~ ~ ~ d man of the Board of Education of the Chico Unified School District commending Mr. Mike Kilpatrick for his work regarding land use practice and its interaction with. the schools in the north Chico area. Information only. Kenneth L. Young, Chico. Mr. Young has-newly been appointed as Area III Senior Planning Project Executive Director. The goal is to develop 0 0+~ ~ a coordinated action plan for elderly citizens in Colusa, Glenn, Butte and Plumas Counties. He solicits continued support for the project. Information. Supervisor Ladd requested more information concerning this matter. Sickle Cell Anemia Research and Education, Inc. The organization is presently 11 -~} testing in Butte and Lassen Counties and solicits a letter of endorsement J ~I+S from the Board of Supervisors in support of the project. See motion following communications. Norman G. Callaway, administrator, Oroville Headstart Program. Because of Regional Office changes in the innovative programs formula, the j_~~,v v program recently approved by the Board will not be able to start before (v the end of this year. He expresses appreciation for the Board's support of the program. No action taken. Pa ific Gas and Electric,Company. The Company sends notices of Application No. D p+?~~ 54279 and 54280 for proposed rate increases for electric and gas service. Adm. Officer to get information concerning when and where hearing will be held. County of Siskiyou. The County files a copy of its xesolution opposing AB 914 which changes the requirements for filing for a public elective office. County Counsel will secure more information on this and will report back to the Board. Page 4C~j. September 11, 19'73 County of Mendocino. A filed copy of Resolution 73-345 in xespect to SB 90 and imposition of tax rate limitations and declare their policj~;~ of `tea" "respectful noncompliance" to any future state. mandated programs f d ~~ which. do not provide for state funding for local implementation of / mandated laws, programs and regulations. Information. State Air Resources Board. The Board sends copy of its Executive Order No. s. vb J-60 approving Butte County's district subvention application in the ~~ ~ ' amount of $19,762 for the 1973-74 fiscal year. A copy of the claim form which must be filed is attached. Discussed. Claim referred to Mr. Mackessy for handling. State Department of Parks and Recreation. Mr. Mott expresses thanks for the d ~ County having a representative attand the August 20 meeting and requests ~ d` that a person be designated as the Board's Official representative in this matter. Supervisor Cameron had been appointed the official nominee in this matter; State will be notified of this appointment. State Department of Water Resources. The Department sends request for sub- /l~d~ mission of Butte County's estimated monthly requirements for entitlement and surplus water during the six year period 1974 hhrough 1979. Referred to Public Works and George Stamm. O o Maim of Michael Smally, a minor, vs. Paradise Recreation and Park District, et al. ~ See motion following communications. A11en Hughes. Article appearing in Oroville Mernury relative to the so-called O "free ride" the Paradisers are supposed to be getting-tax wSse. County l ~ ~' Counseland City Attorneys are examining this matter and will report back to the Board. Mount Lassen Area Council, Jerrold R. Gonce, Chairman. Invitation to the Board to attend the Mount Lassen Area County dinner to be held in Red Bluff, ~ November 17, 1973, to celebrate their fifty years of service to boys in 1 fl ~' 9 tfie Northern Sacramento Valley. Letter read and discussed. A letter will be sent to them, over the Chairman's signature, congratulating them for their fifty years service to the boys of the Northern Sacramento Valley. William P. Mace, attorney at Law. On behalf of Jim Thomas and Mr. and Mrs. Donald 17 ?~,8 D Finney, he expressed appreciation for the Board's action on issuing the Finney's building permit application. Petition. Senior Citizens living at 294 Rio Linda Chico urge the continuation '7 / O.~ O of "Your Bus". Placed in file. Jerry Letson, Fire Marshal. Writes concerning the Clipper Mills volunteer fire station. Letter read and discussed. It was felt that they should be commended for proceeding on their own. No action taken. 73-1398 ACCEPT RESIGNATION OF PUBLIC GUARDIAN On motion of Supervisor Gilman, seconded by Supervisor Ladd-and unanimously carried, the resignation of Walter Gleeson, public guardian, was accepted with regret, to become effective Friday, September 14, 1973. 73-1399 DISCUSSION: RESIGNATION OF CHARLES TGDD, DIRECTOR OF DIVISION 5, PAr RADISE IRRIGATION DISTRICT Resignation of Charles Todd as Director of Division 5, Paradise Irrigation ~p S District discussed. Clif Nickelson, Administrative Officer, presented a packet of letters that request an individual be appointed to replace Mr. Todd. Appointment of director of Division 5 discussed. County Counsel explained how the matter should be handled. George Houghton, Paradise, spoke on this appointment. He nominated Fred G. McMillan as a member of the District. He filed petitions endorsingMr. McMillan. Page 466.. September 11, 19']3 ________--= WSe~t~mbex11319~3=====_-_-__ Appointment placed on the Agenda fox Tuesday, September 25th, for interviewing the candidates and for appointment of the Director of Division 5, Paradise Irrigation District. 73-1400 APPROVE GRANTING OF EXCEPTION PURSUANT TO SECTION 20-41 of COUNTY CODE FOR IRVIN D. SCHLAF: APPROVE ISSUING OF BUILDING PERMIT Clay Castleberry, Director of Public Works, explained the request of Irvin D. Schlaf as submitted by Darrell Stevens, attorney. He said the Board would have to approve the exception before a building permit could be issued. The parcel had been created with a 25' access. Mr. Castleberry said he would recommend that the Board approve the exception and authorizing the issuing of the building permit. Request discussed. On motion of Supervisor Ladd, seconded by Supervisor Gilman and carried, exception pursuant to Section 20-41 of the County Code was approved for Irvin D. Schlaf and the issuing of the building permit was approved, subject to approval by County Counsel. AYES: SUPERVISORS GILMAN, LADA, MADIGAN AND CHAIRMAN MC RILLOP NOES: SUPERVISOR CAMERON 73-1401 AUTHORIZE A LETTER TO BE SENT TO SICKLE CELL ANEMIA RESEARCH & EDUCATION INC The letter from the Sickle Cell Anemia Research and Education, Inc. discussed. Supervisor Ladd asked what the County would be supporting in regard to this letter. Mr. Nickelson will obtain more information concerning their ~ quest for endorsement of the testing project. On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, a letter was authorized to be sent to the Sickle Ce11 Anemia Research and Education, Inc. asking them what their intent wss concerning the testing in Butte and Lassen Counties. 73-1402 REJECT CLAIM OF MICHAEL SMALLY On motion of Supervisor Madigan, seconded by Supervisor Cameron and unanimously carried, the claim of Michael Smally vs. Paradise Recreation and Park District, a special district of the County of Butte, in the amount of $45,519.60 was rejected and referred to County Counsel. 73-1403 ADMTNTSTRATIVE OFFICE ITEMS APPROVED: ADOPTED RESOLUTIONS 73-155; SALE OF SURPLUS PROPERTX: 73-153 AUTHORIZING SHORT-DOYLE APPLICATION AND 73-154, COVERING AGREEMENT WITH CALIFORNIA STATE UNIVERSITY CHICO On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the following action was taken: 1. Approved the following leaves of absence requests: a. Sergeant Paul Jones, Sheriff Department, sick leave through January 1, 1974-pursuant to Sec. 9.5 of Personnel Rules b. Barbara Hood, clinic nurse-Health Department, one month non- compensated medical leave of absence c. Victoria Marler, secretary-Health Department, 30 day non- compensated medical leave of absence 2. Authorized call for bids for power paper cutter with bid opening set for September 26, 1973 at 2 p.m. with report and recommendation to theBoard on October 2, 1973. 3. Authorized budgeted purchases of fire communications equipment from revenue sharing funds for Butte County Fire Department. 4. Adopted~Resolution 73-15~, declaring intention to sell real property (located east of Glenwood Avenue and no;th gf Glenn Ha~~n Drive i~. Chico), as time o receive a proposa s. setting October 9, 1973 at 11 a.m. page ~~~6'7. _ September 11, 19'73 September 111 1973 5. Approved amendment to agreement for maintenance of prisoners in Northern California Regional Rehabilitation Center with Shasta County and authorized the Chairman to sign. t, 6. Adopted Resolution 73-153 authorizing Short-Doyle application for funds and authorized the Chairman to sign. L'' 7. Adopted Resolution 73-154 covering agreement with California State University Chico and authorized the Chairman to sign. 8, Approved amendment to agreement with Feather River Opportunity Center and authorized the Chairman to sign. 9. Approved agreement with The Bridge of Chico, for services for the 1973-74 fiscal year through the 24 hour per day telephone "hot line" service, which provides for reimbursement at $2.68 per hour of service with a maximum of $25,415, and the Chairman was authorized to sign. 10. Approved the following budget transfers: B-002 Data Processing - $1,145 from salaries and wages to extra help B-03 Chico Marshal - $800 from transportation and travel to extra help B-04 Public Works - Refuse Disgosal - $10,000 from the Neal Road disposal site- land fill hauling to maintenance of equipment B-05 Biggs Constable - $600 from the Reserve to transportation and travel 73-1404 APPROVE PUBLIC WORKS ITEMS On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, the following action was taken; 1. Authorized release of performance bond ~~1692209 re Southgate Industrial Park public road connection to SR 99. 2. Approved agreements for sale, authorized Chairman to°sign and authorized Auditor to issue warrant upon demand on County's escrow agent for following: Skyway FAS 757(4) L. Bowles 0.059 $1,275 Impr. $30 $1,305 Paradise Enter.0.029 638 -0- 638 " R. Knudson 0.044 963 -0- 963 " A. Hemmersmith 0.063 2,744 -0- 2,744 Solano Ave. 27553 N. Landsman 0.098 Exchange Midway @ Jones J. Meline et a10.610 1,220 -0- 1,220 26311-72-1 3. Approved Change Order No. 1, Palmetto Avenue Project No. 55235F-70-1, in the increasing amount of $109.19 which provides for additional asphalt coacrete paving widening in areas where property owners installed new curb and gutter, and the Chairman was authorized to sign:: _ _ _.. - --- - - 4. Approved Change Order No. 2, pentz~Road project No. 43431-69-2, in the decreasing amount of $1,341.50 which provides for revision in guardrail type due to non-availability of material, and the Chairman was authorized to sign. 73-1405_APPROVE CHANGE ORDER ~~1, EAST AVENUE-TOPICS PROJECT N0. EPS-T-3014(4 Clay Castleberry, Director of Public Works, reported on Change Order ~~1, East Avenue-TOPICS Project No. EPS-T-3014(4). He said they had found a lot of Swampy material on East Av~~, He Said he had taken the responsibility 468. September ~l, 1973 September 111 1923_ _ of securing materials from Lindo Channel, Situation explained and discussed. On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, CCO ~kl, East Avenue-TOPICS Project No. EPS-T-3014(4) in the increasing amount of $10,500 which provides for the removal of unsuitable material encountered in the excavation and the placing of aggregate subbase material was approved and the Chairman was authorized to sign. 73-1406 APPROVE PIANS AND SPECIFICATIONS: PAVING OF VARIOUS COUNTY ROADS PROJECT AC-73-1 On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, plans and specifications for the paving of various county roads Project AC-73-1 were approved; wage scale adopted and bid opening date set for September 27, 1973 at 11:00 a.m., Public Works office. 73-1407 TNPORMATION AND DISCUSSION ITEMS Clay Castleberry, Director of Public Works, said he would propose the acquisitinn of some equipment out of the revenue sharing funds. Discussion help up at this time. Mr. Castleberry said he had correspondence from the Ag Commissioner concerning the Weed Spraying program. He requested that Public Works set out figures on costs for tine program. No action taken. Mr. Castleberry set out matter of the acquisition of a snow plow. He said delivery dates on these acquisitions are fantastic. Mr. Nickelson recommended that the Board not get in a hurry in the matter of approving these requests. Equipment acquisition request placed back on the agenda for next week. Request for annexation to CSA #47 referred to Local Agency Formation Commission; it will be back for Board action at a later date. 73-1408 MOTION OF INTENT TO PROCEED WITH HOUSE NUMBERING-CSUC PROPOSAL Supervisor Ladd said he had met with the Chico State University representatives to discuss the house numbering proposal. They have sent a detailed letter to the County setting out their proposal. The representatives indicated that it would take about a yrear for this proposal to be completed, Costs for this work was estimated at $24,700. Proposal discussed. It was recommended by the committee that the Board approve a motion of intent to proceed with. the proposal. On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, a motion of intent to proceed with the Chico State University proposal for house numbering was approved at this time. 73-1409 ADOPT RESOLUTION 73-152 AS REGARDS THE MASTERS OF THE SUPREME COURT PROPOSED REAPPORTIONMENT OF ASSEMBLY DISTRICTS ban Blackstock, County Counsel, reported to the Board on the effect on Butte County of Special Masters Reapportionment Plan regarding Assembly District. He set up a map showing the proposed boundary .that would split Butte County in half. Mr. Blackstock felt that this could have the affect of diminishing the County's influence in the Legislature; he felt that voting power would be quite deluded. Mr. Blackstock had sent the Board members copies of the proposed resolution. He could report next week as to what other procedures the Board could take in this matter. It was stated that it is the Board's intent to oppose this reapportionment. Page 469• ,September 11, 197; _ _ _ _ - - _ _ _ _ _ = September 111 19~'~= _ _ _ _ _ _ _ _ _ On motion of Supervisor Madigan, seconded by Supervisor Gilman and unanimously carried, Resolution 73-152 as regards the Masters of the Supreme Court proposed reapportionment of Assembly Districts was adopted, the Chairman was authorized to sign and County Counsel was requested to check to see what the next steps would be in this matter. 73-1410 COUNTY AUDITOR AUTHORIZED TO PAY ON CHILDRENS HOME SOCIETY CONTRACT WITH WELFARE UNTIL FURTHER DIRECTED County Counsel reported on the annual review of the Childrens Home Society contract with Welfare. Work being done under this contract set out and discussed. Mr. Blackstock stated that if the Board desired additional information, he could have the representative from the Childrens Home Society and someone from Welfare appear before the Board to further discuss this contract. Supervisor Gilman said he did not know how the Board could have a review of the contract unless the Board had some in-put from them. County Counsel will request that representatives of both the Childrens Home Society and from Welfare appear next week to further review the contract. Supervisor Ladd requested that they send out a factual in-put sheet so the Board could have something to base their decision on. Request discussed, Chairman McKillop stated that it was the Board's desire to have a factual in-put sheet on this program. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the County Auditor was authorized to pay on the contract between the Childrens Home Society and Welfare Department until further directed by this Board and that this matter be placed back on the agenda for Tuesday, September 18th, 1973. 73-1411 COMMUNITX ACTION AGENCY GOVERNING BOARD: REPORTOF ADMINISTERING BOARD MEETING: APPOINTMENT OF INTERIM DIRECTOR The Administrative Officer gave a brief report of the Administering Board meeting, He stated that the Administering Board intends to revise the By-laws to bring down the number of members of the Board, They also discuss doing a salaxy survey on the jobs in this program. They also discuss the head Start divestment. He said the Board may be addressing themselves to this program in the next few weeks. Mr. Mickelson said the Homemakers program has been under fire. The program will be discuss ed in the near future. The Senior Citizens Program was also discussed; there are funds available for the Senior Citizens program. Mr. Mickelson said that more information will be obtained concerning this program. There will be a Cal Cap meeting in San Francisco. Everyone on the West Coast working with these matters are invited to attend. The administering Board took action last Thursday requesting that Jim Harris be selected to replace Mr. Mickelson as interim director. Mr. Mickelson said he would recommend that Mr. Harris be appointed interim director. On motion of Supervisor Ladd, seconded by SupervisorMadigan and unanimously carried, Jim Harris was appointed interim Director of the Community Action Agency., RECESS: 10:17 RECONVENED: 10:35 Page X70. September 11, 1973 September 11, 1973 73-1412 ACCEPT CERTIFICATION OF COUNTY CLERK TO RESULT OF VOTE CAST IN THE 1.TME SADDLE COMMUNITY SERVICE AREA ON AUGUST 28, 1973 8n motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the Certification of County Clerk as to the result of vote cast in the Lime Saddle Community Service Area Special Tax Rate Election was accepted showing that there were 56 "Yes" votes and 2 "No" votes. ;,~ 73-3413 ADOPT RESOLUTIOI3 73-156 AMENDING RESOLUTION 73-150 FIX.LNG TAX RATES On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, Resolution 73-156 amending Resolution 73-150 fixing the tax rates for the County of Butte was adopted and the Chairman was authorized to sign. 73-141 ADOPT ORDINANCE 1395, establishing an interim zone, NIMSHEW ROAD AREA,- NORTH OF PARADTSE Jim Lawson, Planning Director, explained the letter from Nadine Freeman, Paradise, on behalf of a large number of property owners on Nimshew Road, interim zoning of AR-MH3 for a period of 120 days as requested. Mr. Lawson set out the area requested to be interim zoned. He stated that there are three parcels of property that have requested to be deleted from the zoning. Mrs. Nadine Freeman was present and spoke on one point. She said she had assumed that the leg of Paradise Pines ~~14 would be excluded from the zoning. Mr. Lawson stated that this toad not been excluded. It was felt that all of Paradise Pines development should be excluded from this interim zone. Discussed the matter of hardship due to ir~rim zoning. It was stated that the permanent zoning should be ready to take affect before the 120 days are over. Interim zoning for the area discussed. On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, Ordinance 1395, an interim zoning ordinance, AR-MH3, for Nimshew Road area, was adopted for a period of 120 days, deleting the four parcels set out by the Planning Director and all that property belonging to the Paradise Pines development, and the Chairman was authorized to sign. 73-1415 WALTER M. SONNTAG-PROPOSED REZONING FROM "R-1 A&C'" TO "PA-C", WEST SIDE OF PENTZ-MAGALIA HIGHWAY PARADISE-TO BE HELD IN ABEYANCE The Walter M. Sonntag-proposed rezoning from '"R-1 A&C" (minimum- density single family dwelling, arts and crafts, and professional classification) to "PA-C" (planned area-cluster) district, for 2.923 acres located on the west side of Pentz-Magalia Highway, 690 ft, north of Fickett Lane, identified as AP 53-272-31, Paradise discussed at this time. Mr. Lawson, Planning Director, stated that Mr. Sonntag was in the process of acquiring the additional land. The Board has 90 days to set a public hearing and take action. Supervisor Cameron asked if it would be in order for the Board to notify Dr. Sonntag that this matter would be held in abeyance for setting of a public hearing until hear f~qm him that he has acquired the necessary land. No action taken at this time; to be held in abeyance for the present. 73-1416 APPROVE TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL Tentative maps recommended for approval set out and discussed. The map of Dick Snyder, AP 42-34-06, on Bay Avenue, near Shasta Avenue, Chico discussed, Mr. Snyder contacted St~~egei~q~,Gilman about the urban standards. /~. September 11, 1973 _ _ _ _ - _ ~ ~ _ _ _ September 11 z 1973= ~ _ _ _ _ _ _ _ _ Mr. Lawson explained the matter of the standards. Discussed what an urban area is and what standards should be applied. It was felt this map should be deferred one week. Discussed the tentative parcel map of Jerome D. Peters, Jr. It was felt this should be put over due to the appeal filed by Mr. peters. Mr. peters is appealing the recommendation of the planning Commission that he reserve 60' for the road. Supervisor Gilman felt that the road should be approved with a 30' width as it goes back to Mr. Peters home, and would be used only for his driveway. Map put over one week. Supervisor Gilman questioned Mr. Lawson about the David Jeffries tentative parcel map. The property is under the recent rezoning of S-2, The map would have to be refiled as the lots do not conform with the zoning. Mr, Lawson said he would check to determine whether a waiver has been filed. Action on this map deferred until Mr. Lawson has had an opportunity to check on this file. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following tentative parcel maps were approved, subject to the conditions of the Planning Commission: 1. Donald F. Sandusky, AP 35-113-13, two lots, south side of Bangor Hwy., east of Lower Wyandotte Road, Oroville. 2. Lou Mariotti, AP 54-23-35, two lots, northwest corner Pearson Road and Pentz-Magalia Hwy., Paradise. Surveyor: Gary Lippincott. 3. J. D. Harxis, AP 58-14-132, two lots, east side of Oro-Concow Road, near Concow Reservoir, above Oroville. Surveyor: John W. Hamby. 4.• Wendell Wright, AP 39-16-22, two lots, southeast corner Chico and Crouch Avenue, Chico. Surveyor; D. R. Roper ~. I. W. Whitmayer, AP 41-31-14 & 15, four lots, on Oroviile-Concow Road, above Oroville. Engineer: Kendall Engineering. Maps 3, 7 and 8 were put over one week. 73-1417 APPROVE USE PERMIT TO ALLOW A PUBLIC RIDING STABLE, CHTCO SAM[~Y W. AND LINDA D, WADDELL The yearly review of use permit to allow a public riding stable (riding academy) on property zoned "A-2" (general), located on the south side of Manzanita Avenue, between Marigold Avenue and Cactus Avenue, identified as AP 48-203-38 & 39, Chico was held at this time, as continued from August 28, 1973. Mr. Lawson reported on the number of horses on the property at the time of the inspection. He read a written report concerning the inspection of the property in questinn. The Board members stated that they have looked at the property; the property was clean and well kept. Supervisor Madigan questioned Mr. Oastleberry about the improvements on Manzanita. Mr. Castleberry stated that they have received the plans for the improvements and he believes that they have been approved by his office. Mr. Waddell stated that the work is ready to be done on the curbs and gutters. After this meeting, the work will be started. Time spent discussing the use permit, On motion of Supervisor Ladd, seconded by Supervisor Gilman Page X72. September 11, 1973 _ _ _ _ _ - _ _ _ _ _ = September-11' _ `~~` _ _ _ - _ _ _ _ _ _ and unanimously carried, the use permit to allow a public riding stable (riding academ; on property zoned "A-2" (general), located on the south side of Manzanita Avenue, between Marigold Avenue and Cactus Avenue, identified as AP 48-203-38 & 39, Chico was approved for an additional year for Sammy W. and Linda D. Waddell. 73-1418 JOINT MEETING OF PLANNaIG COMMISSION AND BOARA OF SUPERVISORS SET FOR OCTOBER 10th, 1973 at 8:00 a.m. Suggested amendments to Chapter 20 of the Butte County Code (subdivision) and resolution establishing standards discussed. Chairman MciLillop wondered if this matter could be placed on the agenda for the joint meeting of the Board of Supervisors and the Planning Commission. Joint meeting set for October 10th, 1973 at 8;00 a.m. 73-1419 DISCUSSION: RE~Q$T-REQUEST FOR DELETION OF IMPROVEMENTS FOR TENTATIVE MAP FOR JAMES HORNER, AP 45-41-27, CHICO Time spent discussing the report on the request for deletion of improvements for tentative map for James Horner, AP 45-41-27, three lots, on Vallombrosa Avenue, off Manzanita Avenue, Chico. Engineer: McCain Assoc. Mr. Lawson gave the background of this request. The Board members had requested a breakdown on who owned the deeds of trust. Supervisor Madigan said he looked at the property yesterday and there are some dxaiatage problems. Mr. Castleberry explained the matter of drainage deposits. It was stated that Mr. Mount owns the parcels on the right of this property. Mr. Mount was present and explained his interest in the property. He explained how he had divided his property. Mr. Blackstock was requested to meet with Mr. Mount and discuss the matter of the division of the property. Chairman McKillop stated that when Mr. Mount has satisfied County Counsel concerning the division of the property, then the Board will address themselves to the matter of the drainage deposit and the matter of the Horner map. Mr. Blackstock will meet with Mr. Mount at 1;00 p.m. today. 73-1420 APPEARANCE: JAMES DE LA VERGNE, MAGALIA Mr. James De La Vergne, Magalia, spoke about the restrictions on property in Fir Haven Estates. The restrictions state that they cannot have mobile homes on the lots. People are placing mobile homes on the lots in violations of the restrictions. He spoke concerning the matter of trees. He said he knows a great deal about trees; he has wasted money trying to save trees. He feels that there are times when same of the trees should be removed. Mr. De La Vergne also stated that the people on the Ridge have met with people from Paradise Pines. They have formed the Upper Ridge Council. He explained how they were organizing the council. They have a group that police the Fir Haven Acres. He spoke to the matter of motorcycle riders on the dirt roads in the Magalia area. He asked if there was any way to prevent young boys under 16 years of age from riding the motorcycles on private roads. question discussed. 73-1421 APPEARANCE: MR. KEN D_OW_, MANZANITA; CHICO Mr. Ken Dow stated he lived across the street from the Waddell riding stable. He asked if they had to remove the trees for the curbs and gutters. Page 473. September 11, 1973 September 11~ 193_ _ He also spoke on the problem of the drainage. Mr. Castleberry said there was a drainage problem adjacent to this property. He said the County stands willing to help form a drainage district; he recommended that the Board not waive the improvement condition. Time spent discussing the requirement of curbs and gutters for the Waddell property; it was their feeling that this requirement should remain. 73-422 APPEARANCE, JOHN STiTTZ, CHICO RIVER ROAD Mr. John Stutz, Chico River Road, addressed himself to the matter of the joint meeting set between the Board of Supervisors and the Planning Commissiono He explained the problem of size of parcels being set up; it seems to him that if it was the intent to preserve the fertile soil, something new should be thought of for parcel size. He said he wished the Board would cansider this matter of lot sizes in the agricultural land areas. He said that people are not using prime land for its proper use. Chairman McKillop said this would be considered and that it would be discussed at the joint meeting of the Planning Commission and the Board of Supervisors. RECESS: 12;10 RECONVENED; 1;30 73-1423 DISCUSSION: DATA_PROCE55ING SPACE REQUIREMENTS _ Supervisor Madigan and Cameron met with the Data Processing Users Committee and copies of the minutes of this meeting were presented to the Board members. Supervisor Madigan suggested that the Board review the minutes of this meeting. Hank Hindery, Data Processing Director, set up a diagram of the proposed use of the present library space. Chairman McKillop asked County Counsel about the nego7:iations concerning the Safeway building. Mr. Blackstock said the matter is still in negotiation between Safeway and the owner. He said everything possible was being done to hurry the matter up. John Ziel, sales representative for Univac, set out the space needs for the Data Processing Department. Tt was Leis feeling that the basement of the County Administration Building was not the proper place to put the Data Processing Department. In his opinion there was not the space that would be required and it is also too dusty. He said the Soard had three alternatives: (1) Do not expand computor; (2) Provide a new environment; or (3) Expand present space and provide required environmental control. He also feels that security is important; the equipment should be protected. Mr. Hindery said that at the Users Committee meeting, it was recommended that the present library space be used for the Data Processing operation. Supervisor Cameron stated that if the County should redo the entire basement area to make that into a computer room that in about two years time they would have to do the whole scheme over. It would be a tremendous cost to move the equipment; he felt the County should look into the future and do the matter right at this time. Supervisor Madigan concurred with Supervisor Camexon's thinking. Any money spent downstairs would have to be spent again in the future. Supervisor Cameron agreed that the Planning Department did Head space but it could be built onto their present building. Chairman McKillop said he would like to see the whole space plan put together before the Board acts on this proposal. He felt that maybe another department could use the present library building better than Data Processing. Page 4'74. September 11, 1973 September J.1, ].973 Clif Nickelson, Administrative Officer, said that the Users Committee support the Data Processing plan. HE explained his thinking regarding the plan. Clark Nelson, County Clerk, said he was a member of the Users Committee and one aspect of the plan that he endorsed was the users group area. He felt this area could be used to the benefit of all the departments. Chairman McKillop said he would like to see Mr. Hindery prepare a plan that would place the operation in the Auditor's space downstairs and see if it would work. Supervisor Ladd said that at this point the Board did not have the information concerning the proposed library building so this discussion should be discontinued at this time. He would like to have Public Works set out the floor space that is available so that the County could make some decisions that would be on a long range basis. Supervisor Cameron said he did not see why they Board could not go ahead with the expansion of the Planning Department. Mr. Castleberry said it would be much more efficient to keep the Planning Department with Public Works. He and Mr. Lawson could bring back a plan after studying the space needs. No action taken on the Data Processing space needs at this time. 73-1424 PUBLIC HEARING: PLANNING COMMISSION INITIATED: REZONE FROM "A-3" TO "A-R" PROPERTX LOCATED ON WEST SIDE OF NORD AVENUE, CHICO ADOPT ORDINANCE 1396ZONTNG A PORTION OF-COUNTY AN "A-R" DISTRICT The continuation of the public hearing on the rezone from "A-3" (agricultural) to "A-R" (agricultural residential) for property located on the west side of Nord Avenue, 600 feet south of Henshaw Avenue, identified as AP 42-05-54 and AP 42-OS-55, containing 1.5 acres, more or less, Chico, was held at this time. Mr. Lawson set out the background of this matter. The Planning Commission feels that it would be sensible to rezone the area. Discussion by Board members at this time. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, Ordinance 1396 zoning a portion of the County an "A-R' (agricultural-residential) district, and establishing regulations for the use of land and the construction of buildings was adopted and the Chairman was authorized to sign. 73-1425 PUBLIC HEARING: FAY W. PRATHER-APPEALS PLANNING COMMISSi@I DECISION ON TENTATIVE PARCEL MAP FOR AP 51-132-68: MAP APPROVED The public hearing on the Fay W. Prather appeal of Planning Commission decision on tentative parcel map for AP 51-132-68 was held at this time. Mr. Lawson summarized the actions of the Planning Commission. This is a two parcel map. They have a 25' easement and the ordinance would require a 4S' easement. Hearing opened to the public. Appearing in favor: Mr. Gary Lippincott, representing Mr. Prather. He explained how the parcel had been created. He explained why they appealed the Planning Commission's decision. Appearing in opposition: no one. Hearing closed to the public and confined to the Board. Time spent discussing the map and the condition of the 60' right or way. Page -'~75. September 11, 1973 September 11, 1973 -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - On motion of Supervisor Cameron, seconded by Supervisor Ladd and unanimously carried, the Fay W. Prather tentative parcel map (AP 51-132-68) was approved, subject to the conditions of the Planning Commission, with the requirement that they provide an additional 20' easement on Severance Lane from Rocky Lane back to where the lane starts the 40' segment. 73-1426 PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION-REZONE FROM "R-1" TO "C-2" FOR PROPERTY LOCATED ON NORTHEAST AND NORTHWEST CORNER OF SCHMALE LANE PARADISI The public hearing on the Butte County Planning Commission-rezone from "R-1" (single family residential) to "C-2" (general commercial), for property located on the northeast and northwest corner of Schmale Lane, identified as AP 51-22-17 and the southerly 150 ft. of AP 51-22-62, Paradise, was held as advertised. Mr. Lawson summarized the actions of the Planning Commission in this matter. The rezoning was initiated after a request had been made by the owner. Mr. Lawson set out the area to be zoned, Planning Commission is proposing to unite the "C-2" districts in the area. Rezoning discussed. Hearing opened to the public. Appearing in favor; no one, Appearing in opposition: no one. Hearing closed to the public and confined to the Board. 73-1427 ADOPT ORDINANCE 1397-AN ORDINANCE AMENDING COUNTX ORDINANCE 996 CONSOLTDATTNG "C-2" (GENERAL COMMERCIAL) DISTRICTS & ORDINANCE 1398 AN ORDINANCE AMENDING ORDINANCE 1279 CONSOLIDATING "A-2" LTD, $~ISTRICTS On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the following ordinances were adopted and the Chairman was authorized to sign; Ordinance 1397,an ordinance amendong County Ordinance 996 consolidating C-2 (General Commercial) Districts Ordinance 1398,an ordinance amending County Ordinance 1279 consolidating "A-2 Ltd." Districts 73-1428 PUBLIC HEA£biNG: CHARLES 0, JONES: REZONE FROM "A-3" (AGRICIILTURAL) TO "A-2 Ltd," FOR_PRO~ERTY LOCATID ON NORTH SIDE OF HAMILTON ROAD, NORTH OF BIGGS The public hearing on the Charles 0. Jones rezone from "A-3" (agricultural) to "A-2 Ltd." for property located on the north side of Hamilton Road, approximately one-half mile west of State Hwy. 99E, containing 40 acres, more or less, identified as a portion of AP 29-22-49, located north of Biggs, was held as advertised. Mr. Lawson summarized the action of the Planning Commission, setting out the background of the matter. The rezoning was approved by Planning Commission on a vote of 7 Ayes and 2 absent. Mr. Lawson read the environmental impact report. Report discussed. Hearing opened to the public. Appearing in favor: Charles Jones, He explained his request for rezoning. Appearing in opposition: Mrs, Alice Frost. She had a petition signed by the land owners objecting to the proposed rezoning and the use of the land as an air strip, Mr, Lawson stated that no objections had been expressed at the Planning Commission hearings. 2, Mr, Charles Bowles, He objected to the use of the land as an airstrip, Page 476. September 11, 1973 _ _ _ _ _ ~ W ~ ~ ~ W September lI= 1g~3_ _ _ ~ _ _ _ _ _ _ Hearing closed to the public and confined to theBoard. Supervisor Ladd said. that to best of his knowledge there is not an adequate flying strip in that area. He felt that maybe the rezoning should be referred back to the Planning Commission. It was felt that maybe it should be referred back for further study. Chairman McKillop said the justification for sending it back to the Planning Commission would be because of the petition filed today and that the people did not receive notification of the rezoning. Neil McCabe, deputy county counsel, said if this were referred back to Planning Commission, the scope would be very limited because the hearing has been closed, They could not have a full hearing on the matter. Chairman McKillop said it seems to be another case of not sending post cards and posting the property. Discussed whether the County should go back to that system of notification. Mrs. Priscilla Hanford, Planning Commissioner, said she would like this placed as an agenda item for the joint meeting of the Planning Commission and the Board of Supervisors. On motion of Supervisor Ladd, seconded by Supervisor Cameron and carried, the Charles 0. Jones rezone from "A-3" to "A-2 Ltd" for property located on the north side of Hamilton Road, approximately one-half mile west of State Hwy. 99E, located north of Biggs, was referred back to the Planning Commission to re-open their hearing and for them to have a fully hearing on the matter, re-advertising the hearing date in a newspaper in the area of the proposed rezoning. AYES: Supervisors Cameron, Gilman, Ladd and Chairman McKillop NOES: Supervisor Madigan 73-1429 PUBLIC HEARING: PETER AHAR'yTCANCELLATION OF PORTION OF LAND CONSERVATION AGREEMENT The public hearing n*+ the Peter Ahart request for cancellation of a portion of the Land Conservation Agreement as to a 3.7 acre parcel created as a result of the realignment nd: Palermo-Honcut Highway was held as advertised. Frank Donati, Assessor's Office representative, presented information in the matter. He said the Assessor's office has reviewed this property, Due to the realignment of the road, this property was separated and it is no longer part of the economic unit. The Assessor's Office and the Land Conservation Committee would recommend that the Board approve the cancellation of this portion of the land conservation agreement. Hearing opened to the public. Appearing in favor; no one. Appearing in opposition: no one. Hearing closed and confined to the Board, On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, cancellation of a portion of the Peter Ahart Land Conservation Agreement as to a 3.7 acre parcel created as a result of the realignment of Palermo-Honcut Highway was approved, said parcel becoming a non-conforming parcel, conditional on this being done with a waiver of the penalty, and with the finding that certain conditions exist, i. e. namely: 1. The cancellation is caused by an involuntary transfer or change in the use which may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which produces a greater economic return to the owner; (2) The board has detiermined it is in the best interests of the "- --- program to conserve agricultural land use that such payment be not required _ ~' c and (3) the waiver of the cancellation fee is subject to approval by the - Secretary of the Resources Agencyo 73-1430 PUBLIC HEARING: N012MAN J. JENSEN-PETITION FOR VARIANCE TO PROVISIONS OF SECTIONS 19-10 and/or 19-12 OF COUNTY CODE .TO PLACE A MOBILE .HOME ON PROP£~RTY LOCATED AT JUSTESON ROAD GRIDLEY: PETITION APPROVED The public hearing on the Norman J. Jensen petition for variance to Page 477. September 11, 1473 September 11, 1973 provisions of Sections 19-10 and/or 19-12 of the Butte County Code to place a mobile home on the property located at Justeson Road, Gridley, also identified as AP 022-24-0-091-0 was held as advertised. Mr. Lawson set out the background as presented by Howard Toussaint, sanitarian, Mr. Toussaint stated that there was no problem as far as the Health Department was concerned. Applicant present at this time. Mrs. Birdie Jensen stated that this mobile home would be used for her mother. Hearing opened to the public. Appearing in favor: Mrs. Jensen. Appearing in opposition; no one. Hearing closed to the public and confined to the Board, On motion of Supervisor Ladd, seconded by Supervisor Cameron and unanimously carried, the Norman J. Jensen petition for variance to provisions of Sections 19-10 and/or 19-12 of the Butte County Code to place a mobile home on the property located at Justeson Road, Gridley, also identified as AP 022-24-0-091- 0 was approved, RECESS; 3;40 RECONVENID : 4: 00 73-1431 PUBLIC HEARING: RINGEL & ASSOCIATES, INC. APPEAL PLANNING COMMISSION DECISION FOR TENTATIVE PARCEL MAP ON PROPERTY OF MR, & MRS. H, F, RENNISON The public hearing on the Ringel & Associates, Inc, appeal of Planning Com- mission decision for tentative parcel map on property of Mr. & Mrs. H. F. Rennison was held as advertised. Mr. Lawson explained the background of this map. It is in an area that is currently zoned interim S-2. The Planning Commission anticipate a request for permanent zoning. The map does not conform to the present zoning. The Planning Commission could not support the 15' easement, that the applicant chooses to provide. Mr. Lawson explained the recommendation of the Planning Commission. Hearing opened to the public. Appearing: (1) Mrs. Rennison, applicant. She explained why they wished to split this parcel. The back lot wss to go to her son. There would be no further division of this parcel. Dan Blackstock, County Counsel, painted out that the Board could not legally approve this map. He said that a gift deed is not covered by this code. He said that this map would break the property into smaller parcels than allowed in the present zoned area. It was stated that these were separate pieces of property. Mr. Lawson said this should be looked into. Mr. Blackstock felt the Board should not approve the map today. Mr. Blackstock said a waiver should be signed if the matter were to be considered at another time. Mrs. Rennison signed a waiver and it was placed in PlanningDirector's file. Mrs. Rennison will bring her papers into County Counsel's office and the matter will be discussed further at that time. Hearing closed at this time and investigations will continue before a decision is made in the matter. Page 478. September 11, 1973 _ _ _ _ _ _ _ _ _ _ _ _ _Sgp~ember_11, =1g7~ _ _ _ _ _ _ _ _ _ 73-1432 PUBLIC HEARING: PROPOSED ORDINANCE AMENDING BUTTE COUNTY ORDINANCE N0. 475, TO REQUIRE CONDITIONAL USE PERMITS FOR CARE HOMES IN RESIDENTIAL ZONES, PURSUANT TO THE PROVISIONS OF SECTION 5116 OF THE WELFARE & INSTITUTIONS CODE. The public hearing on the proposed ordinance amending Butte County Ordinance No. 475 to require conditional use permits for care homes in residential zones, pursuant to the provisions of Section 5116 of the Welfare and Institutions Code was held at this time. Mr. Lawson set out the actions of the Planning Commission in this matter, setting out the background on the proposed ordinance. Hearing opened to the public at this time. Appearing: (1) Mrs. Ruth Board, Mt. Ida Rest Home, stating that if they have to pay for the use permit, then she objects to the proposed ordinance. Mr. Lawson explained who would have to pay for the use permits and how the procedure would be handled. County Counsel stated that this applies. only to new homes. Hearing closed at this time and confined to the Board. 73-1433 ADOPT ORDINANCE 1399 AMENDING BUTT.E,COUl3TY.ORDINANCE N0, 475, TO REQUIRE CONDITIONAL USE PERMITS FOR CARE HOMES IN RESIDENTIAL ZONES On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, Ordinam e 1399 amending Butte County Ordinance No. 475, to require conditional use permits for care homes in residential zones was adopted and the Chairman was authorized to sign. Proper notification to the State offices will be made by County Counsel. 73-1434 PUBLIC HEARING: KENNY OLSON-APPF4,L TO. DECISION OF THE PLANNING COMMISSION DECISION RE ZONING OF HIS PROPERTY ON SOUTH LIBBY ROAD PARADISE The public hearing of the Kenny Olson appeal to decision of the Planning Commission decision re zoning of his property on South Libby Road, Paradise, was held at this time. This matter had been referred back to the Planning Commission; they originally recommended denial of this matter; they have re-affirmed the original recommendation. It is felt that this is a single family area and that multiple dwellings should not be introduced into the area. Hearing opened at this time to the public, and continued to Tuesday, September 25, 1973 at 2:00 p.m. 73-1435 MATTERS PRESENTED FOR BOARD CONSIDERATION Supervisor Gilman questioned Mr. Lawson about the David Jeffries map. Mr. Lawson said the parcel should not be less than one acre. The size of the parcels do not conform to the zoning requirements. Mr. .Lawson will notify the man that the map must be redrawn to conform to the zoning; matter continued at this time. 73-1436 APPOINTMENTS TO THE BUTTE COUNTY HISTORICAL ADVISORX COMMITTEE The following names were suggested for appointment to the Butte County Historical Advisory Committee: Supervisor Madigan - Ted Merian Clarence McIntosh Supervisor Cameron - Mrs. Wm. (Martha) Slade, Wagstaff Road. 73-1437 LETTER TO BE WRITTEN RECOGNIZING NATIONAL BUSINESS & PROFESSIONAL WOMEN' S WEER Supervisor Cameron stated he had received a call from the Business and Professional Women stating that a National Business and Professional Women's ._ Page x'79 September 11, 197; September 11, 1973 Week. He said he knew the Board did not adopt Proclamations but he felt that maybe a letter could be written recognizing this national week. On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, the Administrative Officer was requested to write a letter to the Paradise Business and Professional Women stating the Board recognizes their National Week but it is not their policy to adopt Proclamations. 73- 1438 CONCUR WITH RECOMMENDATION OF JOINT; CONFERENCE COMMITTEE AND AUTHORIZE CLOSING OF ACUTE. SECTION OF COUNTX HOSPITAL Chairman McKillop reported that the Joint Conference Committee had a meeting last Friday and discussed the hospital. The Board members were given copies of this meeting. The meeting wss called to discuss the matter of staffing at the hospital. It was felt that the closing of the acute section would have no affect on the ,hospital license. Report explained. Mr, Nickelson said the County did not have to keep the clinic open all day. The Committee recommended that the acute section be closed immediately on a provisional basis as there are no patients at the hospital at this time and that County Counsel prepare an agreement for. operation of the clinic on a contractual basis; determining if a private doctor could supply the clinic service for the hospital. Matter discussed. On motion of Supervisor Madigan, seconded by Supervisor Gilman and unanimously carried, the Board concurred with the recommendation of the Joint Conference Committee and authorized .the closing of the acute section of the hospital immediately, on a provisional basis, and that County Counsel prepare a proposed agreement for operation of the clinic. 73-1439 LETTER FROM DON L. HARRIS-REFERRED TO PLANNING COMMISSION A letter from Don L. Harris concerning a variance caas referred to Planning Commission. 73-1440 REPORT ON PREMIUM RETURNED TO COUNTY BY NEW YORK LIFE INSURANCE CO. Jim Rackerby, Pes~l Director, reported that the New York Life Insurance premiumtas been received. 73-1441 COUNTY COUNSEL REPORT ON AB 911 Dan Blackstock, County Counsel, reported on AB 911, which deals with weights and measures and enforcement. This bill will add to the work load of the Weights and Measures Department. The bill is not State mandated and there will be no reimbursement from the State. Supervisor Madigan felt that this bill waters down enforcement, and will make it doubly hard for the Sealer of Weights and Measures to get convictions. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, County Counsel was authorized to call the County's representatives and indicate the Board's concern regarding AB 911. 73-1442 AUTHORTZE COUNSEL TO PETITION SUPREME COURT REGARDING OBJECTIONS TO REAPPORTIONMENT County Counsel stated that if the Board wishes to take some type of formal action, it would be appropriate to file a petition to the State Supreme Court setting forth the $siard'SEgJ~jections to reapportionment, and request the Court's consider ~~t o ese objectio s. Mr. Blackstoc Page 480. ~eptember 11, 173 _ _ ~ _September_11,_1973 _ _ stated that the division of Butte County in relation to Assembly Districts would require a major restructuring of l4 precincts. It would be very expensive to re-design these precincts. Objections to reapportionment discussed. On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, County Counsel was authorized to.petition the State Supreme Court regarding theBoard's objections to reapportionment. 73-1443 APPEARANCE: KENNY OLSON: HEARING CONTINUED TWO WEEKS Kenny Olson appeared at this time regarding his hearing appealing the decision of the Planning Commission regarding zoning of his property on South Libby Road, Paradise. Mx. Olson set out his feelings in regard to the Planning Commission`s decision. Dan Blackstock, county counsel, stated that earlier in the meeting when Mr. Olson's hearing was held, there was no one in the Board Rocm whatsoB-ver except the press, County officials and the Board members. The hearing had been continued two weeks. Supervisor Madigan felt that the Planning Director should be present at the hearing. Continuation of the hearing discussed, Kenny 01son's hearing continued two weeks, as original determined by this Board. RECESS; 5;15 p.m, for executive session concerning personnel RECONVENED: 6:05 p.m, following an executive session. 73-1445 JOELLE PITTER APPOINTED AS INTERIM PUBLIC GUARDIAN On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, Jaelle Pitter was appointed as interim Public Guardian, and Personnel was directed to recruit for the promotion position of Public Guardian. 73-1446 TOM ENLOE APPOINTED INTERIM HEALTH DIRECTOR On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, Tom Enloe was appointed as Interim Health Director. 73-1447 BOARD REQUESTS SDPPORT OF NINE NORTHERN COUNTIES SUPERVISORS ASSOCL4TION RE REAPPORTIONMENT Supervisor Madigan felt the Nine Northern Counties Supervisors' Association should be requested to support Butte County's objections to reapportionment, which is mainly the splitting of the County in the Assembly districts. Discussed. On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, the support of the Nine Northern Counties Supervisors' Association was requested in relation to reapportionment, with a request that the Association file a petition to the Supreme Court if they determine it necessary. Supervisor Madigan stated that he will take a copy of the County's petition to the Nine Northern Counties' meeting on Saturday. ADJOtTRNMENT There being nothing further before the Board at this time, the meeting was adjourned at 6:ZO p,m, to reconvene on Tuesday, September 18; 1973 at 9;00 a,m, ATTEST: CLARK A, NELSON, COUNTY CLERK , By: ~ ~~~ C rman of the Board Board of Supe 'sots Glerk Page 481.