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HomeMy WebLinkAboutM092871September 28, 1871 STAmE~ OF ~wALI',FORNIA ) SSo COUNTY OF BUTTE ) `The Board .of. Supervisors: met gat 9oQ0 aom-o pursuant to adjournment. Present Supervisors Gilman, Madigan, Maxon, ~IcKillop and Chairman Reynolds. Clif I~i.ckelson, Administrative Officer, Daniel Blackstock, County Counsel, and Clark t1. Nelson, County Clerk, by, Margie Catt, Board of Supervisors e~lerk. I.NVOe,A`ElONB Supervisor Madigan Pledge of allegiance to the flag of the United States of America. 71-1803 APZ'ROVAL_DF MINUTES Un motion of Supervisor Gilman, seconded by, Supervisor McKillop and unarsfmousl.y carried, the minutes of September 21, 1971 were approved as mailed, On motion of Supervisor McKillop, seconded by, Supervisor Reynolds and unanimously carried, the minutes of July 27th, 1971WItem 7I-1486 were changed to Shaw that the Board had intended that the Boardinghome payments were to be set at•$168.00 per month. 71-1804 COMMUNICATIONS Hignell & Hignell, realtors, Chico. As realtors for Carl Dietz they request that an appeal be held regarding the decision. of the Planning,Commission at ids Sep~emher 16-, 1971 meeting, which denied use permit to estabii.sh a retail 1.umher yard. Hea-ring set for October 12th, 1971 at 11000 a.m. Lake Oroville Development Association,Inc. James-Lenhoff, president, writes regarding the 'promotion .of Diggins Drive from Oroville to Cherokee under a.scenic-historical designation. Referred to the Lake Oroville Recommendation committee. Crocker-Citizens National Bank. The Bank has title to-various parcels of real estate within the Butte County, in its fiduciary capacity and is considering q placing some of them in an agricultural preserve under the Williamson 0 br 3 1 Act. They request County to forward them the requixemants as to procedures to be followed. Referred to Don Black, Agriculture Commissioner. Citizens Committee for Agriculture, Escalon. The Committee asks that the Board give considerationco adoption of a resolution favoring.legi•s3'~--~t5ri Q O~ ~ ~ which would allow secret balloting by farm workers on union membership and to extend the Taft-Hartley Act to include agriculture; Supervisor Maxon suggested a resolution be passed on anemergency basis, Action to be deferre Paradise-Safety Committee. 'The Committee forwards copy of its letter. to Mr. Castleberry requesting him to expedite work on parallel parking and the ~~-fl O other improvements on the Skyway. Referred to C1ay.Castleberry, Director of Public Works. Paradise-Chamber of Commerce. Ron Southworth, chairman of the Retail Merchants #lssociation of the Paradise Chamber, writes regarding the proposed parallel parking on the Skyway. He feels that an immediate change to C~c~O.d v parallel parking would seriously a€fect local business anal suggests that the solution would be to develop off-street parking i.n areas which will serve the business district. A committee has been formed and is working to accomplish this task which would then permit a change from diagonal to parallel parking. Referred to Clay Castleberry, Director of Public Works. Page 107. September 28, 1971, .September 281 19'71 Paradise Irrigation District. At its meeting on September 15, 1971, the District Board moved to participate fi;nane~i:al~l:y,.n the:=proposed water quality stuffy. They are willing-to as•sume•the $11,0.00 i,nmkind-services and one~° ~.~ ~ half of the remaining .cash sum of $9 ,500,,1ess onewhalf of any contribution made by the Larwi.n interests. Supervisor Maxon felt no action .should be taken at this time; he will keep an this matter. - ', County of Yuba, `The County forwards its Resolutiara-.19.71189 whir_h urges ~ S, government intervention to settle the strike of Pacific Cgast Longshore- J Q O~ man s Union. Action has already been taken in this matter. CountySupervisors Assoeiation.. The Association writes to urge support of AB 1432 MacDonald which changes the subsidy to counties for public health ' 0 ~,~,5 services, .Ina three year period this bill could x•epresent $21 million to California's counties. A copy of the bill is enclosed. County counsel will research this matter and will report back to the Board. Bureau of Health Facilities°Licensing and Certification, The $ureau foxwax•ds a DO D ~ report of inspection and consultation visit at the Butte County-Hospital, ~o with notification that Medicare certification will continue for "the present time. No action at this time. State Bo&ird of Forestry. The Board forwards notice of intent to repeal and adopt ~ ~ regulations changing state responsibility.areas for fire protection. O ~. Bearing an the matter will.be held on October 21, 1971 in the City Council Chambers at lbedding. Discussed. Will request that Jer°~y:Letson attend the meeting on October 21st. State Division of Highways. The District~Engineer acknowledges receipt of Butte D O~~ ~ County Resolution No. 71-231 and states that this resolution will be is.cluded in the 1972 Section.256 report submitted to the State Highway Engineer. No action needed, State Depar*_'ment of Water Resources. The Department forwards a copy of ,9mendment _ No. 7 to the Kern County Water Agency contract as required by Article cf/~~O Q 36 of our water contract. To be filed with County contract. State Air Resources Board. 'the Board writes to inform the Caunty that the State Health and Safety Code requires that air pollution control boards submit .~ ~~ D3 an ar..nua1 report to the State Air Resources Board on variances granted or. extended for. more than one year duration, and such report muse be submitted by September 30 of each year. Information; no action needed. State Board of Equalization. The Board writes regarding computation of cost of / 0-~ Z ' sales and use tax administration and shows that the 1970.71 fiscal year cost was 1.09% of the total tax distributed. Information only. State Reclamation Board. The Board writes to notify theCounty that they will conduct a public hearing on October 8, 1971 in the Board of Supervisors ''// room in the Courthouse, Oroville, at 10 a,m. They will present aerial '7/~- b v photography maps showing the proposed designated floodway lines for a portion of the Feather River. This is the second public hearing concerning this matter. Maps showing the proposed designated floodway will be on display i.n the lobby of the Courthouse after September 27, 1971. Referred to George Stamm. 71m1805 APPROVE PREPARATION.OF RESOLUTIONe R&QUEST THAT P.RESTDENT USE HIS POWERS .UNDER THE 2AFT HARTLEX ACT CONCERNING DOCIL STRTK$ On,motion of Supervisor',Maxon, seconded by Supervisor McKillop and unanimously carried, the County Counse L was'authori:zed to prepare a resolution requesting that the Governor take-what action he could and requesting that the .Page. 108. September 28, 1971 . September 28, 14~7~1 President exercise his powers under the Taft-Bartley Act concerning the dock strike, and that copies of tine resolution be sent to the President and the Gove rnor . 71°1806 ADAT':iI0NA1, COMMUNICATIONS. Butte County Rice Growers .Association, Concerns meeting held with .California Tiighway Patrol Office for puxPose of detexmini.ng necessary steps to .3 ~s ~ be taken by farmers .desiring to burn rice fields along State Highways and County roads. Clay Castleberry explained the matter; he said there was a good spirit of cooperation in. this matter. No action necessary, Mr. &:Mrs. Andrew Micke, Calling the Eoard attention to the condition of the '/,J ~ a Q 'T'ownship Railroad crossing south of Gridley. ;better read and 'T `i' discussed. R.eferxed to Mr. Castleber~:y for answer. City- of Oroville> Sale of tax deeded property. to the City. 'They request that they be placed on. the Board's agenda for Huesday, October 5th. / ~ ~ Q_(~ ~5upervisor Maxon explained the~ljjpurpose of the matter; he believes this should be handled by the ~~asux•ers Office. Mr. Gonce wi7.l be requested to make his request to the `Treasurer's Office; matter placed on the agenda for Tuesday, October. 5th, 1971. Dr, Bennett; concerning agriculture preserve land. :Letter presented by Supervisor Madigan. Referred to County•Counsel by Supervisor Madigan. 71°1807 APPR09'E PLTBLIC WORKS ITBMS Clay Cast~ber'ry, Director of Public Works, presented matters to be -acted upon by the Board of Supervisors. Supervisor Maxon questioned Mx'. CastieberLy about the paving overlay work done under Contract AC~.71-1. Supervisor Maxon feels that there is a.problem.rega,rding this.ma.tter.. It appears to be-poorly engineered and poor road inspection on the project.. Mr. Castleberry explained the construction .of .this road.- The road is 32' wide;-there is no parking a ong the roadway, Supervisor Maxon said he felt the County should not build a road unless it is built right. Time spent discussing this project and the work done on this road. Supervisor Gilman said i.t was his understanding that this-project would not be-done until he had a chance to discuss the road with the people to be affected by the project; the projECt was done before he could discuss the matter wiih the people. Supervisor Madigan said he would like to have Public Works look at the street crossings in this area; there is a raech crossing that has no culvert on either side and he feels that there will be cross°seepage. Project discussed. On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, the following Public Works items were acted upona 1. Accepted the work of Butte Creek Rock Company for the paving of various Butte County roads, and the Chairman was authorized to sign the Notice of Completion; the Clerk was directed to record said Notice of Completion-with the County Recorder. 2, Approved the final maps, accepted the offers of dedication and authorized the Chairman to sign the certificate of acceptance of the deeds on the following subdivisionso Paradise-Pines County~Club ~~2 (204 lots) Magalia Paradise Pines CountyClub ~~3 (206 lots) Magalia 3. Authorized call for bids for the Ord Ranch transfer station, to be opened publicly at the Public Works office at 11x00 a.m., Thursday, October 14, 1971. Page 209. September 28, 1971 f _Sep tembe r. 2 8 , _'19'91 4. Approve3 agzeements for sale,-authorized t he Chairman to sign and authorized the Auditor to issue warrants upon demand of County's escrow agent for the followings Pr.'oje__t Name Acre Prue Ems ~'otal Skyway @ Magali.a R_.eservoir Wahlgren 16x300 $2.,000.. ~0•-• $2,OOa .512 b1•°70•zl SF lot Skyway 51261•-702 Vandegrift 0.001 50 -0- 50 Cla.ek,Rd. 57452~71~1 Hovey 0,049 319 -0•° 319 ec er ee Threlfall. 0,029 '189 ~0~ 189 5. Accepted deeds and authorized Chairman. to sign certificates of acceptance on the followingo Grant Deeds Ord Ranch Raad transfer station Slate of California Skyway 51261°702 Pcl. 18 •J. L. Russell Oro-Quincy Hwy, 27561W67••~2 5 G. M. Scott Parcel map @ Bille Rd, AP 51~094~•22 Z. ~. Meyer and Lucky john ' Parcel map @ Wagstaff AP 51~132~2.3 A. H. Beeker. Drainage easement PqP. Bet. lots 45 & 46 ,?, H. Ripley 6. .Authorized the Chairman t.o sign a quitclai m map to Games L. R::~sse11 Skyway 5126170-2. 711808 DENY REQUEST FO~t ~LEASE_9F BOND BY LARI+LLN. PARADISE P:1NES .. ._ Clay Castleberry, Director of Public Works, .said that originally, But~.e County requixedche posting of labor and materials and performance 'bonds by the X?aradise Pines develaper and a duplicate bond by the contractor after the contract was let. -Butte County felt that the 191.3 procedure would be safer with double bonding. `The Larwin Company. is now requesting that the original band posted by it be released whenever *_he duplicate bond is posted by the contractor. Public Works requests discussion by County Counsel and Board to arrive at a decision in this matter. County Counsel felt that the bond should not be eliminated; he feels that having the two bonds would be safer for the County. On motion of Supervisor McKillop, seconded by Supervisor-Maxon and unanimously carr.'ied, the request of 7arwin Company for release of duplicate bond was denied,-and the County will continue with the posting of both bonds. 71.1809 AUTHORIZE NEGOTIATION FOR P~ORCHASE OF FELL FOR DISPOSAL AREAS Clay Castleberry, Director of Public Works, reported on the bids for the cover materials for the disposal areas. He reported on his negotiations for these materials. Mr. Castleberry said that if it was in order, he would give his figures to the Purchasing Department and request that they prepare the purchase order fox "the materials. Time spent discussing the figure quoted by R. C. Richter Co. for an average of. $1.072 per cubic yard. On motion of Supervisor McI~illop, seconded by Supervisor Maxon and unanimously tax°r.'ied, Public Works Director was authorized to "talk with County County and the Purchasing Agent concerning the purchase of fill material for the disposal.areas and to have a contract prepared for the purchase of the materials. Page 110. September. 28, 1971 September. 28, 1871 71.1810 ADOPT RESOI.,L"Z:LDG 71~~238 A,~`tH9R.IZ:LNG E~C~~'.IZON OF LOCAL AGENC.~~ST~A`~,lla AGREPsMENT ~ TOPICS RE CHICO LRBAN.k.REA ~•,Cley Castieberx'y, Di.rer.tor of Public T~orks, reported that he has been working with the State and C~ty of Chico in an attempt to get the TOP1:C .program started. They now, have a resolution than should be adopted by this Board and Mr. Castlebex°t.'y requested Board action on the matter. On motion, of Supervisor McKillop, seconded by Supervisor Madigan and unanimously cax'ried, Resolution 71.238 authorizing execution of local. Agency~State agreemex~.c ••`~OPICS -~ re Chico urban area was adopted and the Chairman was authorized to sign. 71•-1811 .R]dQUES'T :E'dlR_Z`S~A:@'.E":LC REGULATION A'T 1"t~'TERSECTION III DURHAM Supervisor Gilman stated *_hat there was ,great deal of traffic in the Town of Durham. He asked Mx. Castleberx'y.if atx'affic regulation could be placed at tree intersection. o.f Midway, There is a traffic problem at this intersection. Mx'. Castleberz•y stated he would review the matter with the Highway Patrol and will take a *_raffi.c count. Mr. ~astleber.ry will report back to the :board on this mar_te.r, REC$SSo 10000 REC9?~~NEDo 10012 71-1812 APPEARANCEa A`T'TORNEY ROBER.`f BLADE REPRES~NT~I~TG iTI:SIEC Robert Blade, attoriey at law, stated he was appearing as a representative of Vistec ~:ompagy. He said he would like the Bond to reconsider their actions taken, at an earlier meeting, concern4ng the issuance of a use permit for 9istec. He was_._requested to speak about this matter when Jim Lawson, Planning Director, was present later in the meeting. 71.1813. APPEARANCE a MR.S , MARION ~IOJCIIZ ORO`VII:[.E in re MR. P7CKETT Mrs, Marion 5dojcik, Orovill.e, said she was getting tired of reading about the Da.stri.ct Attorney lean#.ng on Mr. Pickett. He has been cleared once. She said the District Attorney should have something more to do than leaning on Mr .. Pickett. She said that maybe there should be a reduction of forces in the District Attorney's office. 5upex'vi.sor:Maxon explained the situation. Supervisor Maxon said it was the pQerogative of the District Attorney to appeal. Matter discussed; no action taken. 71•°1814 .ApPEARANCEe LOUIS CAME(~~T.:NTJ9 CI-1ICOvR>aSOLUl'ION .OF CA1..7::F..k'ARMER.S CONCERN:LNG ASS~SS~,~S .OF,,AGRSC?rI,TORAL _7~ANDS . ---,.- ~o.uis ~ Came~n~~,ad~ ..~hico; •;p re-seated copies . of a z~esolution that ;aplseared in• the Ca lifornia.•F;a;c~e~-September,.18,..1.9.71.aancerniag,,asaessments of agricultural lands. Mr. Camerizind said he would like to have the Board consider this resolution and perhaps adopt a similar resolution. Chairman Reynolds said to gain this type appraisal, the farmer should derive over 50% of his revenue from the farm, Chairman Reynolds said that if this were done, then the farmer would be taxed on pti~oduction basis. This he could support. He said he could not support legislation if the farm was purchased as a tax .dodge. Supervisor Maxon suggestedtha&.Chairman Reynolds, Supervisor Gilman anal County Counsel meet and come up with a resolution to be presented for Board action. Resolution wild. be prepared anal presented at a later date for Soard consideration. 71.1815 PR&S]2NTATI0IV OF A_L7ARD TO SZER_RA TniOODSMEN GROUP OF ~OY"5 IN CHICU Louis Landt~ Farm Bureau, stated that the TJniversity of Califox•nia conducted the 4H program in Butte County. This is an out-of°school educational progarm. There are :30 clubs in this County. One of the clubs has been Page 111. September 28, 1971 September 28, 1971 extremely ac"rive; this is the Sierra Woad.smen group of boys i.n Chico. `This r.1•ub hdo^ been named area wi??:ners for the past twa.years. This group spends from 5.00 to 800 hours a year doing community,i.mprovements. Mx. Landt introduced the leader of this club, Mr. Bi.11 Carmen.. Mr. Landt stated that Parents Magazine sponsors a youth award each year;;. This group has been selected for the honorable mention award. Mr. I,andt read a Letter frrom Lto Governor Ed R.einecke complimenting the group for their efforts this past year. Chairman R.eyr,.olds commended the leader and the boys present for their efforts in. Butte County. 71•°I.816 APPEARANCE OF REPRk~SEI~`TATIg7ES :FROM BU`TSE COi~INE~IN,:TY C9LT.~CE D:f.S'T1LI:C7o R_ E UEST F'OR. THE F'ORM.ATCON OF A S:F'ECZAI. ASSESSMEN°C DISLR;TCT:' Representatives from Butte Community Col,,I.ege pisttict were present to speak. to the Board concerning their request for the formation. of a special assessment district. Mr. :John Cowan, President of the .Boar.d of Directors, and Albert A, Schlueter, Superintendent-President of c:he College, were present and reported on. the matter. :it was felt by the College that this would be the most intelA.igent apQroach to follow to get the campus completed, 7'he CoI.lege has levied a permissive tax, Mr, Cowan set out the costs of the first two phases of the construction, There wi1.P be a bond election in June of 1972, _The .District n.ow is proposing a special assessment district be formed, Mr. Schlueter said the purpose of the district would be to have funds for, the essential things on the tampus~that the State feels they can not participate in.; they hope than the County will particiapate with them. He said the College needs help to build the campus. A brief brochure was presented to the Board members setting out the building activity. Costs for this construction program set out. Dan Blackstock, County Counsel, explained how the District would be formed. He saidr_he action today would be to advise the College District that the County would entertain the request for formation of the special district. Forma r_.i.on of the district discussed. It was stated that if the bond election in 1972 were successful, then the assessment district bonds could be purchased and .the district dissolved. County Counsel explained how the district would operate. The assessment district would construct the access roads and the parking area at the college. County Counsel said the bond election would be to cover the cost of the construction of the buildings, Supervisor Gilman said he was not ready to make a decision on this matter at. this point. He said he would like to have some expression from the people. It was felt the Board would support the first phase of the construction.. Chairman R.eyn.olds said there will have to be public hearings held; the County wi.11 Kaye to look at the assessed valuation again. County Counsel stated that Mr. Brunseli, bonding attorney, will study the matte x• and get matters on their way. No action taken at this time. 71-187.7 WITHDRAWAL AND R1aSER.UA`TI0N OF LAND BY BUREAU OF T:A1VD MANAGEMEI~I'T a _? TO BE PR.EPARBD PROTESTING THIS WITHDRAWAL Mr. Bi.11 Lebaraon, area manager of the Bureau of Land Management, anal Howard Works, mining ,engineer for t1~gB~ar appeared to explain the $eptember 28, 1971 September 28-, 1471 withdrawal anal reservation of land by the Bureau of land Management. He said this Land was in the Butte Greek area. 'There are_2D00 acres involved, 'The Bureau has asked that this.area.be protected so .the B'ur.'eau can offer environmental protection. There will be a 52 mile trail and-the 'Brsreau will build a road that will offer access to the area, No one will be kicked off their mining claims. N1o new claims will be able to be filed. `,ihe o'ld mining claims wil'1 :be honored. Supervisor Maxon said there were areas along the creek that are mined. A considerable amount of gold is being taken from the creek:. Mr. Work said that the mining of small amou.e.*_s of gold would be a recreational use of the land. Time spent discussing the proposal of the withdrawal and reservation of land. Appearing to discuss this matters 1, Mr. Leonard Ellis, Sawmill. Road,.Paradise, representing the mining people. Mr. ~lli.s presented copies of a letter that he ready which. x'equested that this Board protect the miners against the withdrawal of this land. they .feel that it is unfair to the miners. He, asked the Board if they knew anything .about Senate Bill 921, which would invalidate all, mining claims, Supervisor McK.ill.op questioned Mr.. El:~i.s about•Senate Bill 921. Supervisor Maxon said he would not want to see the withdrawal. of the land affect the present mining c:iaims. Supervisor Maxon. said he world be i.n favor of adopting a resolution which would protest the withdrawal of ibis land, and to request that ~ongr.essman Harold (Bizz) Johnson support the Board's action in. this matter. On motion. of Supervisor Maxon, seconded by Supervisor Gilman and unan.i.mously carried, the Board rejected the withdrawal and reservation of land by the Bureau of land Management and that County Counsel prepare a letter Lo Congressman (Bizz) Johnson and to the Bureau of Land.Management setting out the Board's objection to the matter o.f the mining claims, but stating that the Board does ~aot object to the recreational, element of this matter. Mr. Lebaran reminded the Board that the protest should be done by October 1st. 71.1818 PUB;I,:1G HEARTNG~ :[.,liE Lo BURLS LDE, "LTSE PERMi`1' :f0 ALLOW CONSCRUG`ITON~ OF DUPLEX_ e WEST OF SKSTWAY' PARADISia The public hearing on the r'equestof Lee L. Burnside fora use permit to construct a duplex on as"A~2 Limited" zoned property. located on the north side of Honey Run Road, approximately 750 feet west of Skyway, identifi.ed.as a portion. of AP 52-181~~13, Paradise was held as advertised. Jim Lawson, Planning Director, summarized the actions of the Planning-.Commission. Hearing opened to the public. Mr. Lee Burnside was present to explain his request for the use permit, He said the lot suited the needs of this plan. T'he building would be two_storied anal will look like a family dwelling, He explained the plans for the building, Mr. Lawson said the Planning Commission had denied this request nn the basis that the General Plan stated that there should only.be 4 residences to an acre of land. Mr. 7~-awson said a petition was being circulated to have permanent zoning .for this area, Page 113. September 28,.1971 $eptember 28, 19-71 Appe acing in. favor o 1-o Mr. Herb Arno[d, Paxadise> He stated he had sold Mr. Burnside the property, He is a realtor with Devaney Realtors in Paradise. He said he had been fold that there would be no problem with. a duplex on this property, 2. Mr. Howard Jahnson, Magali.a. He said there are ether d-up;l.exes i.n this area, there is also an apartment house closeby. He said he could not see any reason why this Board .should deny this use permit, 3. Mr. Mike Wil~.iams„ Honey R.un. Road. Mro Lawson said the Flar°ning Commission felt that appxoval of the use permit would be a violation of the Land Use plan. Mr, Lawson said that no one appeared in opposition at the Planning Commission hear,•i.n.gso Hearing closed io "the public and confined to the Board for discussion, On motion, of Super.•visor Maxon, seconded by Supervisor Mc~:illop and un.an.imously carried, the use permit to allow construction. of a duplex on B1A°~2 Yi.mited°E property :located on the north side of Honey Run. Road, approximateJ.y 750 feat west of Skyway, identified as a. portion of .AP 52~"181~i3, Paradise,-was approved for Lee L. Burnside, subject to the conditions of the Plan:s?.ixag Commission and subject to the conditions that there be additional off°•street parking providedq that the driveway access be to Honey Run Road and that r_:he developer obtai.n.a sewage facility permit from the Health Dept. 711819 RB3~ORT OF' BID OPENIMG A~TD AWARD 08 BID NORD H1:GHWAy & HEGA1~ 1:ANE Flay Castleberry, Director of Public Works, repo"reed on. the bids for the ~.ord Highway anal Hegan-Lane Project, which ~*ex•e opened at 11x00 a.m. in the Admi.nist•rati.ve Office. Bids were received from the followings 1?idder's rTame Amount of Bid `Teichert $67,687 Robinson. Construction Co. 66,395.50 Butte Creek Rock Co. 57,573.80 Mro Castl.eberx'y recommended that the bid be awarded to Butte Cx'eek Roc~C Oompany. On motion of Supervisor Gilman., seconded by Supervisor McK:~.11op and unanimously carried, the bid of Butte Creek Rock Company, the low bids was accepted for the constructi m of the DTord Highway and Hegan Lane Project in. the amount of $57,573.80, a;ad the Chairman was authorized to sign the contract ber_ween the County of Butte an_d Butte Creek Rock Company far said project, RECESSs 12010 RI~COHV,E~FEDs 1x30 Porto Ali Board members present. 7l°1820 ADOPT. RESOLU`IIO,H 71.239 GI~7Z~TG NOTICE OF :C~IPI`E?~1.`I'yT.O.I~? 70 ABAMD01t1 PUBLIC I7~iLI;T1'~ FsASEMENTS _ On motion of Supervisor McKillop, seconded by Supervisor Gilman and unaraimous:ty carried, Resolution 71.239 giving notice of intention. to abandon public utility easements described aso "three foot public utility easements located in lots 3., 5, 7 and ll; also the overhand easements on lots 7 and 10; all lots in Green Acres Subdivision, was adopted arad the Chairman .was authorized to sign. 'The hearing was set for October 264 at 13.00 a.m. Page 1w4, September- 28, 1971 September 28, 1971 7L--1821 APPROVli WA'r`BRS. SUBDIVISION, UNIT N0. 2, ~NZA~VE MAP On motion of Supervisor Madigan, seconded by Supervisor Maxon and unanimously carried, the tentative map of Waters.Subdivision, Unit No. 2, _17 Iots, south side of ~onea Way, east of Esplanade., north of ~atorl Road and west side of U.S. 99E :Freeway, Chico, was approved, subject to conditions in-P1a*~ning Commission's report. 71m1822 APPROVE `IUD?''TAI':L'~ SUBD3VISI®N MAP, GROVB, 109 i~O'LS, 3OU~ki OF SACRt1MENIO ATIENt1E APPL30AN~' - ~J~ISTEC 1N~.} `Ihe Grove Subdivision:Map was presented for Board approval, Robert Blade, attorney at law, x•epresenting Vistec, present and urgently:requested the Board to discuss the legality of condition No. 13. with County Counsel. County Counsel explained the effect of Condition No. 11. Mx'. Blackstock said the problem was two fold. He said the City of Chico would accept the subdivision maps. Annexation. to theGity discussed. Mr. Blade said it was his intention to suggest that condition No. 10 bet changed to read "a community sewage facility". [le said the developer would comply with the County health laws. Supervisor Mc1Zi11op said it was intent to approve the tentative map at this time-and then go back and discuss the use permit. On motion of Supervisor McRillop, seconded by Supervisor Maxon and carried the tentative subdivision map entitled.°The Grove°' was approved, subject to the 11 conditions placed on the map in the Planning Commission.°s report. AYRSe Supervisors Madigan, Maxon and Mc%C~.llop NOESo Supervisor Oilman and Chairman Reynolds Discussed the conditions set out in the use permit which was approved by_this Board at the September 14th meeting. Mr. Blade said he was requesting that the annexation requirement be nullified. Mr. Brittain stated that if say consideration was to be made by this Board concerning the use permit conditions, then another public hearing should be held. Mr. Brittain.explained his opposition to the requested action. Mr. Blade stated that condition l0 of the Use Permit stated "wage facility"; he suggested that the words °dsewage treatment facility" be deleted a.nd that the words "community sewage facility°' be inserted, 'l'ime spent discussing the request.' of ~. Mr. Blade. Supervisor MclKillop said that if the Board were to be consistent, if the action taken on the use permit for Vistec were to be amended, what would the Board do about the Schultz property. Action to be taken discussed. It was moved by Supervisor Maxon, seconded by Supervisor Madigan and carried that the Board correct their action of September 14th on the approval of the use permit for Vistec, and to state that it was the intent of this Board to require community sewage facilities fvr this development but not the additional fire and police protection, and that the Board does hereby approve the use permit for Vistec with the deletion of Condition No. 11, which relates to annexation to the City of Chico, as set out in the Planning Commission's report. Page 115.. September 28, 19?1 5eptembex• 28,..1971 71° 1823 APB NECESSARY CHANGES TO IMl'7~EME~TT 1'HE NECESSARY : PROCEDURES Ut3DER THE NE6d MEDI°CAL REFORM BIT.ia•~AB 949 A communication from the Administrative Officer concerning the px•ogosal for necessary changes to implement the necessary procedures unde r the riew Medi•=Gal Reform Bi.11•°AB 949 was px•esented and discussed. C:tif Nickelson, Administrative Officers explained the action that would be required, On October la 1971 the Medi~°Care reform bill (AB 949) becomes effecr_ive. 'this bill has far reaching effects on the payment for medical care services anal methods of determining eligibility fox Medi~~Cal and county indigens status. Mr. M3.oke"lson said it was the proposal. to adopt the State's standards in this matter axed to adopt the criteria set up by the .State. `lime spent discussing how other counties wex'e handling this matter> Mr. Dingfelder requested that the words "County Hospi.tal° be struck from motior_ No. 2. Suggestion d3.seussed. Dan Blackstock, County Counsel, stated that a misunderstanding could arise here; he explained the situation. Ev Bosworth, assistant Administrative Officers explai.n.eci the payment for indigent care. He felt the wording a'in the Couc±.ty Hospital" should remain within the motion. Discussed the matter of social service people at the hospital. Mx•, Dingfelder still objected to the wording in the motion. Mr. Bosworth said action could be delayed on Lhe second motion. set o:at in the memorandum from the .Administrative Office. Action could be r~ken on the second moti.ara at the meeting of October 5th. On motion of Supervisor Maxon., seconded by Supervisor Gilman ar_d unanimously carried, authorization was granted that effective 10W1°71 the provisions of the Medical Social Services section of the General Assistance Manual which sets forth the financial criteria for determination. of medical indigency are repealed9 and substituted therefore are the financial criteria set forth in the Medi-Cal reform bi11,ABW949, for determination of indigency under the state's liability for indigent and n.on~categorically connected needy. Motion of the Board on the second motion set out within the memo will be taken at the meeting of October 5, 1971. 71,•,1824 ADOPT ORDZNANCE N0, 1199, AN I~T'SERIM ORD714ANCE gONING A'.POR.TTON OF' `IIiB CO'Lrn]2Y AN 87A~3" (,AGRICUZ,TiJR.AI,) DIST'RIC`T, PURSUANT I'0 ORDrNAi~]"CB IdO, 475, AS AME.r~.DRD FOR PROPER.T'Y' AROUND SU'I'TE JR,- COL"laEGE Jim Lawson, Planning Dix•ector, requested that th.e interim zoning around the Butte Jr. College be considered at skis time. The P1.an.r_ing Commission feels that this would control deve"lopment around the junior college. This would be a holding zone for the area9 it would allow the Planning Commission to consider the proper zoning for this area. Supervisor Maxon objected to the interim zoning, Mr. Lawson stated that the Planning Commission voted unanimously for this interim zoning. On motion of Supervisor Gilman; seconded by Supervisor Mci~illop and carried, Ordinance No. 1199 an interim ordinance zoning a. portion of the County an a'Am3e7 (Agricultur•a1) district, pursuant to Ordinance No. 475s a.s amended, was adopted anal theChairman was a,sihorized to sign.. AYESe Supervisors Gilman, MadiganS McKillop and Chairman Reynolds NOESo Supervisor Maxon. Page 116. September 28, 197Y September 2S,_1971 _ 71182.5 DI.S.CUSSION~ HIRING OF A PERMANENT ZONING INSPECTOR, Jim LaWSOn, Planning Director, said he would like authorization to delay the hiring of a permanent zoning inspector at this time. A1.idalsh is doing this work on an extra help basis. Mr. L+lalsh is working on procedures for the handling of zoning complaints. They. are attempting to get some of the bugs out of the procedure, Mr. Lawson requested thar_ action be delayed until after the first year for the hiring of the permanent zoning inspector. Supervisor McI{:i11op suggested that Mr. Lawson be given six .months to firm up the procedures in this matter. There is still a great deal of confusion involved in this matter. _ Chairman Reynolds said no action-was needed ac this time. The Board agreed that Mr .. Lawson could hold off until. the first of the new year in this matter of hiring a permanent zoning inspector. 711826 REQ~7EST P`OR DISCUSSION Ok° CRITERLA TO BE USED IN RE~I:LEia1:NG PE~DIlVG Al'F'1:IC`ATIONS o BUTTE COUNTY LAND CONSERVATION QCT COM~IT`PEE Mr. Micke"lson stated that Mr. Blacks as chairman of the Butte Connty Land Conservation Act Committee;~presen•ted a request from the committee that the Board discuss criteria to be used in reviewing pending applications, Mr. Nickelson stated that this would be placed on the age.r_da again for discussion. Supervisor Madigan.was requested to give his views to the com~ittee. No action taken at this time. 711827 ADOPTED RESOLUTION' 71°240 AUTHORIZING SALE OR' T4T'~ DEEDED PROPERTY PURSUANT TO R & T CODE SECTION 3694 4 D. C. Swinney, Treasurer, appeared to. discuss the sale of tax deeded property. Eie said this was one of the 5 parcels being considered by the City of OroviTle. The property is owned by Jim Lenhoff. Mr. and Mrs. Bean have submitted a bid on the property. Mr. Swinney said that the City of Orr~ville had not complied with the law. The City should have started their request to purchase this property by first applying to Mr. Swinney. Mr. Swinney said he has received no documents or communications from the City concerning this purchase. The Board informed Mr. Swinney that representatives from the City of Oroville would be before the Board next T»esday at the regular Hoard meeting. Mr. Swinxaey said he-would recommend that the Board adopt the resolution author:-.zing the sale of this Lax deeded property. Mr. Swin*~ey said he did not feel that the Gity of Oroville should take the property at the low bi.d9 tb.ey sheuld bid along with everyone else. The back taxes si?o~zld be paid. Time spent discussing acr_.ion to be taken, On motion of Supervisor McKillop, seconded by,Supervisor Gilman and unanimously carried, Resolution 71-240 authorizing sale of tax deeded property pursuant to R & T Code Section 3694 for parcel AP 012~034w02, located at 1919 Montgomery Street, Oroville, was adopted and the Chairman. was authorized to sign.. 71°1828 ADOPT ORDINANCE N0, 1200 AMENDING THE SALARY ORDINANCE On motion of Supervisor Maxon, seconded by Supervisor IN~digan and unanimously carried, Ordinance No. 1200 amending the salex•y ordinance was adopted and the Chairman was authorized to sign. RECESSa 3x00 RECONVENED< 3s10 Page 117. September 28, 1971. 5ep:wember 289_197Y 711829 PERSOiQ`STE?~ DIRE~~Ok. SO pRO~EED TnT1`TH. P1tEPARA.~TDN QY' ~Rd~.s4~ APy'1,;1~A`1`1dLN k`®R ADDp3':3:ONA1 F?~~DSe EMERt=E?~GY EMPI,S3Y3~~`;f A~`~: .7im Rackerby, personnel Director,. reported that the Oaunty has received notice that it is eligible for an additional $391,600 federal funds under Section b of the emergency Employment Act of .1971, ~'hese funds are in. addition to the X587,000"shown ixl the full funding grant applicati..~n because the caunty~s anemg:coyment rate is higher than, 6%0 :fhi.s would be a separate program; it wi.l?1. be tied to the Oounty"s rate cf unemployment. Mro Rackerby stated that he wauld meet with the 0•ommatte~ selected by the t3hairman. anal they will work out some of 'the guidelineso ?`he intent of -his gram is is pla~~e people of low skill or ~o sk.i.ll in jcbs of public 5erviceo Mr. Rackerby said that 3.f the Roard approves this program, the applioation will be prepared for the Board~a approval, Pzogram explained and di.seussed. ue said that under this program, they w3.11 use laborer .type personnel to work or;. special pra.jects, 't'his program will have to reflect some change in presen_ person.r_el classifications to refs.ect thy' supervision of these men. Mr.a Rackerby said the request today was foz authorization to me e:?~ wa.~h the :~iti.es and the districts and then come back with the grant application. `the application will have to be sent i.n by next '1'•uesday. Request d3.sc•ussedo 'the application. wi.l'1 be placed on next week"s agenda for authorization for the chairman to sign. Or mation of 5kypex~aisor Mc:{~i.llap, seconded by. Supervisor Maxon ar~d unanimously carried, the Peraonr~e~ Direc.-tor was authorized to proceed with the preparatior_ of the grant application for additional funds under the Emergency Emplaymer± Ac and bring back the packet r.,ext week for the Ra3z'd'S approvalo 71w1830 REF,OR?' O"~7 PR0g05AL5 FOR. gA~~~l :[k? PARAD3SE~ Olif Mickelsor~, Administrative Dffic.er, said that proposals for OATU` in.Pa~'adise were received a..n the Adml.nissrative Office up t'o 2e30 p,mo oc ~`hursday, September 23, Mz'. Nickelson said that this matte r• would be placed back or?. the agenda for discussion at the meeting of 9etober 12=_h, :0971, .71:1831 AFRR9C~ TR1m~OLfDT3`Y FARM ADi~?,;SORY SERCiIOE .A~REEMEIU'i~ On motion of Supervisor Gilman, seconded by Supervisor Maxon and unanimously carried, the tricecounty ~Ruttev-Yuba ar_d 5u.tter.~ Farm Advisory service agreement was approved and the ~hairmaa was authorized to sigra> 71.4:1832 A;PpRO~E RE~OMMETtiIIA~';T ~~' L.0.1~ OR~D'i%]'Ld:E E€~~REA'C'301~ GOMM~:?'~E ~lif Mickelsan., Admi:ristrative Officer, reported on the Lake Oroville Recreation committee meeting. Supervisor Mr_R.illop and Supervisor Maxon both. had attended this meetixigo the committee lined out the priorities. Arrangements have been made for the committee to meet with Mr. Mott and his staff on the 13th of October'. befox'e the committee can meet with Mro Mott, this board will have to approve the recommendations of the committeco Priorities set out. `_rhe report listed the priorities according to their impoxtanceo Priorities discussed, Nr.~. Mzckelson stated that the committee wi.I1 have a special meeting in his office '~hursday marnnge 0n motion of Supervisor Maxon, seconded by $~.pervisar MclCillop and unanimously carried, the recommendations of the .bake Oroville Recreation Committee were approved. Page 118. September 28, 1971 Segtemb0z 28s 1971_ _ 71183°; A"i,"`:_HORI~B ID~~'S:nT1'ION.O~ SI7RPL"JS T7BH10IBSmSHRE~:~:FF°S DBPARTNlEI~T On motion of Supervisor. Reynolds, seconded by Supervisor Gilman and unanimauei.y carried, authorization was given to the Sheriff9s Department for retention of vehicles number 277 and Z82, which had been dec'la:red surplus on Aag:a.st .-f.7, 1971. 71~~1834 Au:~H0R1~ P%RGHASB OF D'.~G`1:A:?'BIQG B 'OIPMB~IT FOR PR A`TIOIV OFF:~:GF The current budget includes a dictating machine for the Frobati.on Office at $430, Purahasing has located two factory rebuilt ~lBNd dietating~transcribing units at a total price of $661.50, Probation is in need of the two machines a.rad requests Board authority to bu.y the two factory rebu.i.tt machines at an additional cost over budget of $2.31.50, this amount to be transferred from the office expense account in the Probatior_ Department. On motion of Supervisor Gilman, seconded by Superviscr Madigan and unanimously carded, authorization was granted for the purchase of two factory rebuilt dictating machi:•:aes and transfer of $232 from office expense to 2q'uipment account withi.n_ the Probation Department budget,- 71G 183.5 STfcS'LuS :8R13PFR`lY 1TBMS On mo~•ion of Supervisor Maxoaa, seconded by Supervisor. Gilman and unanl.mo•usly earx•ied, a centrifuge without. head, l:nternational, size 1, `type G B7o. 7433.4 located at the Health Department was authorized to be declared surplus property ar~d the purchasing agent was authorized to se11 said equipment. 7i~1836 TRA~~L REQ'~7BSTS APPRO~~D Orz motion of Supervisor McRillop, seconded by Supervisor Maxon and unanimously carried, the following travel requests -were approved 1. Joyce Rowe11, collection supervisor, to attend the annual 0alifornia Oounty Collectoros conference at Saaramento, October 5 thru October 8, 1971, three°•nights lodging. Estimated cost of trip $115; travel by px•ivate oar. 2. -Louis Landt, Farm .Advisor°s Offices attend meeting at Dayis,__October 5th & 6th, 1971. Orte••night.s Iodgir_g, Gost of trip°$20.00. 71°,1837 ~/AGAWOV' OBI PIA%IDT~l1V'G GOMi~S3SST0?Vo NCO AOT£OM Supervisor. Gilman stated he has a growing list of candidates for this vacancy. He stated he would be ready to make the appoinFment. in two weeks. 1~1'o action taken at this time. 7118:38 S~~~R_JOBS "tFNDRR `TH3a ~UBL7~ RNFLOY~N2' PROGRAM A communication was listed on the agenda of September 21 from the Department of Human Resources Development.-which enclosed a summary of the allocation of_jobs under the state portion of the program. `they requested comments, from the Oounty as program agent. The Administrative Office notified them by .mail that comments from the Board would be forthcoming, Mx•. Nickelson stated that this concerns the jobs that the State plans to fill i.n this area. Mr. Nickelson said that a letter had been sent to the State advising them that the Board intended to comment ora this matter, Supervisor Maxon expressed the opinion that more emphasis should be giver, to additional personrsel in the area of recreation. Chairman Reynolds reiterated this view, stating that the Board will support this idea, specifically with regard to law enforcement on Lake Oroville. Mr. Nickelson was instructed to send a letter to the Department of Human Resources Development stating that stronger enforcement on Lake Oroville is needed. Page 119, September 28, 1971. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Sept@mGez 28~ 39Z1= _ _ _ _ _ _ _ - _ _ _ - - - - 71m1839 RE:POR?"o CO'URTHO'USE C0~1S`ER7JCTION'CON'TRACT Cliff Mickelson advised the Board that he: has been in contact with Mr. Neves of Neves Construction Company, and Mr.. Neves indicates that it is probable that he will not meet the construction deadline. Chairman Reynolds requested Mr. Micke3.soxt to make a weekly report to the Board on the construction progress. He further requested that if CORStruCtlOn lags amore than it does _ ar_ this poir_ts Mx•. Neves will have to persona7.ly appear before the Board and offer explanation. 711840 AD?~I:1.I0?3.AI, COMi~l~JNICATION ITEMe MR, WII~IGIAM [Z~NT EKPI~RSSES COZ~CERZ~I Ui]ER NEISD FOR Ct1RBS AND GT~}`I`TERS ON FLORAL AVENCIE CHICO C1ay:Castleberx'y, D3.rector of Public 4dorks, explained Mx. Rent"s request for_ the formation of a County Servile Area to initiate action for *_he i.nstal3.ati.oa of curbs, gutters, and sidewalks on E'loral Avenue in. Chico. Mr, Cast:leberr'y stated that he will report to the Board next week on this matter, 711841 .ADOPT RESOLUTION NOe 7i~241 ALPPROVZI~7G THE INTER~CO[7N'J_'Y DEPARTMEN]CAL CONTRACT FOR THE PROVISION OF CARE ,.AND SERVICES TO THE MENTAI.,I~'Y D150RDERED AND AUTHORIZING CHAIRMAN TO ERECCI'S'E Dan Blackstock explained the meehaax.cs of the contract and Ed Robi.nson., Tdelfare Directors explained the necessity for the con.tx'act. On motion of Supervisor McKillops seconded by Supervisor Maxon, and unanimously carried, Resolution No. 71241 approving the Inter~County Departmer..ta1 Contract for the Provision of Care and Services to the Mentally Disordered and Authorizing Chairman to Lxecur_e was adopted and the Chairman was authorized to sign said x'esoluti.on wiT•h the stipulation that Dr, Gerald ]S. Maguire be advised of the reason for immediate action on this contract. 71-1842 ADOPT. RESOLT7TION NO. 71•°242 PROTESTING THE STRgKE B'Y LONGSHOREMENT WHICH HAS `P_IED LTP WEST COAST SHIEgING On motion of Supervisor Maxon, seconded by, Supervisor McKillop anal unanimously carried, Resolution 1!'0. 71-242 protesting the strike by longshoremen which has tied up west coast shipping was adopted and the Chairman was authorized to sign, 71«184.3 FINAL HF4RINGa STJPERVISORIAL REDIS`ZRICTING Din Moellenbe&ndc-was present to give explanations of any changes made in the supervisors' districts. On. request,by William Thompkins, Mr. Moellenberndt gave a rough street name delineation of the districts. Mx'. Ed Falkenstein stated that he is against the proposed plans because both of them divide the community of Paradise.. Mr. Michael Hahne asked Mr, Moellenberndt about the various district boundaries as they pertain to Chico. Mr. Louis Camenzind asked about the effect of college registration on the proposed districts. :T.'he hearing was closed to the public and confined to the Board for discussion. 71x1844 ADOP:t ORDINANCE N0. x.201 ESTABI.ISHING.SUPERVISORIAL DISTRICTS On motion of Supervisor Madigan, seconded by Supervisor McKillop and carried, Ordinance No. 1201 establishing,supervisorial districts was adopted and the Chairman was authorized. to sign, AYESa Supervisors Gilman, Madigan,. McKillop and Chairman Reynolds NOESo Supervisor Maxon Page 120. September 28, 1971 _____ ____ _________~e~tember28~ 1972==_==-_________ 73°3845 MATTERS D'TSC~UBSED B'Y• SD~BI2V3SOILS .Supervisor oilman stated that he had been informed o£ the inabil.it.y of citizens to obtain action from the Sheriff"s Departmen* in the unincorporated areas of Chico. He wi11 communicate with Cliff Nickelson to see what action can be taken. Supervisor Madigan expressed concern over the probably increased traffic on Highway,99E after Butte College is opened. ?ie requested permission to work with Clay Cast~eberx'y to investigate the possibility of s.onstruc*_ing an. overpass for left hand turns to Butte College. RECE3B: The .Boa rd recessed at 4:38 to go into an executive session RECOI~~NED: The Board reconvened at 5:08 following an e:xecut:ive session. ADJOTJRI~T ° :There being nothing further before the Boax'd at this time, the meting was adjourned at 5:0$ p,m. to reconvene on Tuesdays October. 5, 1973 at 9:Ofl a.m. A?:TEST: C74R~ A< 3~EISOI~I, COUDTTY G7~RI~ \ ~ ~"`'~ B'Y': a° man of the Boar` Board of ~ ervisors Clerk Page 121. September 28, 1971.