HomeMy WebLinkAboutM101072October 10, 1972
STATE OF CALIFORNIA )
SS,
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m, pursuant to adjournment.
Present: Supervisors Douthit, Ladd, Madigan, Maxon and Chairman Gilman,
Clifton Nickelson, Administrative Officer, Dan Blackstock, County Counsel,
and Clark A, Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk.
INVOCATION: Rev. Patrick Murphy, St. Thomas Catholic Church, Oroville
Pledge of allegiance to the flag of the United States of America
72-1641 APPROVAL OF MINUTES
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
unanimously carried, the minutes of October 3, 1972 were approved as
mailed.
72-1642 COMMUNICATIONS
Associated Students, Chico State College. The students association writes
f 0 Sid 1 to inform the Board that their official representative to the Board of
Supervisors is Dwayne Elum, Tnformation only; no action needed.
Sacramento Valley Television, Inc., Redding. The news director for the
television company requests notification of all regular meetings of
the Board of Supervisors and advance notice of any special meetings
per Government Code Section 54956. Filed with Clerk, Agendas to be
sent to them weekly,
Butte County Employees' Association, Mr, Patten sends copy of his letter
to Assemblyman Ray E, Johnson in which he requests further information
/ ~ OHO y regarding the Assemblyman's position on the Butte..County Charter Amendment,
Information,
Applied Science and Resource Planning,"Inc, The Company sends information
0 ~/ and brochure regarding their ability to render sexvices in the area of
l/ 3, 75 preparation of environmental impact statements and related matters,
Information.
Carl W. Fischer, Chico, Mr. Fischer, as acting secretary to the Ad Hoc
Committee for the Lime Saddle Community Sexvice District, files request
` to the Supervisors to designate the Lime Saddle Community Service
District as an area planning commission for the Community Service District.
(Copy enclosed with agenda,) To be discussed when Jim Lawson, Planning
Director, is present.
Dr, Stewart Bedford, Chico, Dr, Bedford advises that the Butte County
Mental Health Advisory Board unanimously requests the appointment of
Miss Muriel Young and Mr, Richard Harrison to membership on the.. Board,
(Copy enclosed with agenda,) Referred to Administrative Officer, for
checking. Appointments to be made at a later date,
County of Stanislaus, The County forwards copy of its resolution opposing
the application of sales tax to state and federal excise taxes, This_
refers to SB 325 under which sales taxes are applied ~o state and
federal excise taxes. Supervisor Maxon requested that this be placed
on the agenda for discussion with the County Legislators,
State Department of Public Health. The Department forwards notice of final
O~ allocation to Butte County of State public health assistance funds-for
~ p. 1972-73 fiscal year, Butte County estimated population 107,375 and
3 dollar allocation based on this $38,281. Information; no action needed.
Page 359 October 10, 1972
October 10, 1972
State Controller. The Controller forwards notice of Butte County's share
of the cost of the basic health care and administration for 1972-73.
This previous year's amount of $1,120,000 is factored upward by 9,8%,
the incxease in modified assessed valuation, resulting in a liability
for Butte County of $1,224,760, Administrative Officer will discuss this
with the Auditor, He will give a report to the Board at later date,
Office of Economic Opportunity. Thomas H, Mercer, regional director,
writes regarding progress report on compliance to special conditions
attached to the $25,000 grant advance, (Copy enclosed with agenda,)
Clif Nickelson, Administrative Officer, commented on the special
conditions. He feels that there are no problems- or worries at this time,
No action taken.
C, A. Withington, P,G. & E, high voltage transmission systems towers in
the County. Letter referred to County Counsel with request that he
write a letter of explanation to Mr, Withington. Supervisor Ladd said
that Board could make an inquiry concerning the route of the lines in
this County, He requested that a large map showing all the power lines
in the County, Matter discussed; no objections to this request expressed
by the Board members.
72-1643 DISCUSSION: COMMITTEE TO REVIEW THE LAKE MADRONE PROPERTY
Supervisor Madigan stated that last week the Board had appointed
Supervisor Douthit to the Committee to review the Lake Madrone property.
He said there is a conflict of interest involved and he felt that
Supervisor Douthit should resign from the committee, Supervisor Douthit
assured the Board that there was no conflict of interest. He said he
would respect the feelings of the other Board members in this matter.
He said he votes according to his convictions, He said he would protect
the individual property owners rights in these matters; he feels that
the property owners have a right to use theix property as they see fit.
He said he would request a decision from the Board concerning the committee
to review the Lake Madrone property,
Supervisor Maxon asked him if he were aff~.iated with the engineering
firm in question. Supervisor Douthit said he was not. He received his
last check from them in December of 1970, Supervisor Maxon stated that
on this basis he did not feel there was a conflict of interest.
Dan Blackstock, County Counsel, said he did not think there was a
conflict of interest. He explained what the committee was going to try
to do; they are going to see if they can resolve the problem of the Lake
Madrone Dame once and for all. Mr. Blackstock said he did not see how
there could be a conflict of interest involved in this matter.
No action taken at this time,
72-1644 ANNOUNCEMENTS MADE BY CHAIRMAN GILMAN
Chairman Gilman said he had a letter from the Citizens Mental Health Advisory
Committee inviting the Board members to a meeting in Redding on October 27th
and 28th, They will discuss a number of subjects related to mental health.
Chairman Gilman said he would try to attend the meeting,
Chairman Gilman asked if the Board members intended to attend the
tour of the Crystal Creek Conservation Company to be held on Thursday,
October 12th, They will meet at the Courthouse in Redding, Thursday
afternoon.
CHAIRMAN GILMAN WELCOMED THE STUDENTS OF THE CIVIC CLASS FROM THE DURHAM
HIGH SCHOOL. TIME WILL BE GIVEN TO THE STUDENTS LATER TO ASK QUESTIONS=,_
Page 360 October I0, 1972
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72-1645 DISCUSSION: ENVIRONMENTAL QUALITY ACT
Dan Blackstock, County Counsel, stated fie had an urgent matter that
should be discussed by the Board members, He felt the Board should spend
time considering the Environmental Quality Act. He said that if the Board
desires to take action, he would have to have time to prepare an ordinance
for adoption by the Board, He set out the Friends of Mamoth, et al vs Board of
Supervisors of Mono County case; this case was decided in the latter part of
December, 1971 by the California Supreme Court. Mr. Blackstock read Section
21151 of the Public Resources Code that relates to the Environmental Act.
The Planning Director has advised him that the County does have a conservation
element in the County General Plan, He explained how the case would affect
Butte County. There must be a finding regarding use permits before they are
issued. The Board could make it part of the record how the findings should
be made and set forth the criteria to comply with the act.
Mr. Blackstock said the second and most difficult problem relates to a straigh
building permit. Many of the cities and counties have cut off the issuance
of building permits until a study has been made. He said that at the
conference he attended last Friday, which was attended by many of the County
Counsel's throughout the State, there was considerable difference of
opinion concerning the interpretation of the act. He stated that there has
been a petition asking the Supreme Court to give a reconsideration of this
decision, which has been filed. Mr, Blackstock-stated that
there has been an interesting situation that has occurred, The author of
the bill filed an affidavit with the Supreme Court stating that the act
would cover private as well as public uses. There is a conflict in this
matter,
Supervisor Maxon said he had talked with Senator Marler~last week and
it was the intent of the Legislature that the act would only apply to
governmental agencies. He said he has also talked to staff members of
the Governor's Office and they said that it was the intent of the
Governor's Office that the act only related to the governmental sector.
The Governor could request an emergency legislative session, Supervisor
Maxon said that if the County goes along with the opinion of the Supreme
Court, it could be very costly. He said he would hope that the Board
would request Chat the Governor call a session of the Legislature and
study the act fully, Supervisor Madigan said theGovernor has already asked
for a study of this bill.
Chairman Gilman felt that County Counsel must have some remedies to
keep the County clear, Mr, Blackstock said he would like to discuss this
in detail, He explained the problems involved, He felt the bill put
the Bui]ding Department in a tough position. Alternates to the Act set.
out. by County Counsel:
tdo. 1 - That no building permits be issued unless they are reviewed
by the Board of Supervisors, He would not recommend this to theBoard; it
would create havoc to the Board and severe problems in terms of the
Building Department getting balled up in red tape,
No, 2 - That any permit for other than a single family residence be
reviewed, Make a determination that any single family resident would have
no affect an the environment of the County,
1Qa, 3 - The County would direct the Building officials to only issue
permits in areas not affected by the conservation element of the General
Plan.
Page 361.
October Z0, 1972
====F~--___=__Octoberl0s 1972___T__________~
No. 4 - To review the act and the case interpreting it. Use a
descretionary act to issue the building permit.
Mr, Blackstock said the alternate that he would recommend is that if
a large project comes before the building department, the request would have
to be reviewed by Planning bep~rtwent end the Board, Mr, Blackstock said
there should be an emergency ordinance that would direct that if such a
project comes along, and it would appear that there would be moxe than a
substantial affect on the environment, the building department would refer
the project to the Planning Commission and they would make their findings
on the project. Many problems could be created by this act. Provisions
should be made for appeals, Findings will have to be made that the project
will have no adverse affect on the environment.
Chairman Gilman stated that the longer the act was discussed, the more
confused he became. He said that maybe Legislature will clear up the
language of the act, and maybe the Court will issue a supplemental opinion.
The Board should operate within the law during the time it takes to clear up
the act.
Time spent discussing the Act and prablems involved.
Mr. Blackstock said that if it was agreeable with the Board, he will
set forth the criteria to follow in an ordinance and bring it back later
in the meeting for the Board's consideration,
No action taken at this time.
STUDENTS GIVEN TIME AT THIS TIME TO ASK QUESTIONS OF THE BOARD MEMBERS.
RECESS: 10:10
RECONVENED: 10:25
72-1646 NOTICES OF COMPLETION AUTHORIZE
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, the following action was taken:
1. Accepted the work of Robinson Construction Company, Tnc, for the
reconstruction of Lower Wyandotte Road from Oro-Bangor Highway to 300 feet
north of Upper Palermo Road, et al, Project 21553-70-1, authorized the
Chairman to sign the Notice of Completion and instructed the Clerk to record
said Notice with the County Recorder,
2, Accepted the work of Robinson Construction Co., Inc, for the
reconstruction of East Avenue, from 331 feet west of Tom Polk Avenue to
Pillsbury Avenue, authorized the Chairman to sign the Notice of Completion
and instructed the Clerk to record said Notice with the County Recorder.
72-1647 COUNTY COUNSEL TO PREPARE RESOLUTION REQUESTING GOVERNOR TO CALL SPECIAL
LEGISLATIVE SESSION TO DISCUSS ENVIRONMENTAL CONTROL ACT
Mr. Blackstock stated that as he iz~texpx'~et's the RnvironmentaZ'~ontrol Act,
the procedural problems revolve around the building permits, Certain
financial concerns have placed a freeze on building loans pending action
of this Board, He said it appears to him that they will have to prepare
procedures for issuing building permits in an emergency ordinance.
Supervisor Ladd said it seems to him that the County could make a finding
that single family residents da not make a substantial impact on the
environment, In the ordinance itself, it could be set out that a single ,_
family home would have a trivial affect on the environment. The problem here
would be that a developer could come in with a request for 30 building
permits for a subdivision; this world not be talking about something
trivial, Mr, Blackstock said he would try to work out something in this
regard, Tn the future, subdivisions will be considered and a decision
will be made one at a time, page 362. October 10, 1972
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Jim Lawson, Planning Director, said the only problem that he could
see is that when a subdivision is approved it should be shown whether it is
in Ag, or Timberland 8s set out in the General Plan, Could be serving
as many as 40 homes ~i.n_f:lass 4 soils; this could seriously be a problem.
Chairman Gilman said that he felt single family dwellings will have to be
defined,
County Counsel was directed to prepare the emergency ordinance
setting out the guidelines to be used concerning the Environmental Act,
Mr. Blackstock said there would have to be a place to start and the County
would be safe if they used the date of the Court's decision.
It was moved by Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried that County Counsel prepare a resolution requesting the
Governor to call a special Legislative session to discuss the Environmental
Act, and that copies be sent to the Governor's Office, to the California
Supervisors Association, to the Nine Northern Counties Supervisors Association,
Assemblyman Ray Johnson, euB.Senator Marler.
Mr, Blackstock said he would work with Mr, Lawson and Jim Glander and
get the proposed ordinance back to the Board this afternoon for their
consideration.
72-168 COMMUNITY ACTION AGENCY GOVERNING BOARD: APPROVE PLANS & PRIORITIES & BUDGET
Mr, Nickelson expllained the plans and priorities for the 1972 grant year for
the Community Action Agency, He said the staff, the administering Board and
the committee have been putting in hours to iron out the problems, There
were three meetings last week to put together the material presented to the
Board, General concern was expressed last Thursday night in the matter of
housing; there is a lack of adequate housing. The other thing that the
Administering Board has expressed concern over is the transportation problem.
This concerns transportation for members of the poor and the elderly.
Mr, Nickelson said he would be coming back with-more on this matter.
Mr, Nickelson requested that the review of the EOC bylaws be taken off
the agenda at this time.
Maintenance of vehicles discussed. Mr, Nickelson said this Board needs
to confirm the plans and priorities, They are somewhat similar to last
years plans, Time spent discussing the plans and priorities, Areal
contribution is guidance and help in getting these people working towards jobs
and getting people into the main stream of economy, Money donated to them
without help and guidance will not fuxther their cause; the money that does
come in should be used properly. Priorities set out and discussed,
Supervisor Maxon felt that there should be guidelines established to make
the pxogram moxe meaningful,
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, the plans and priorities for the 1972 grant year were approved as
set out in the memorandum presented to the Board by the Administering Board,
AYES: Supervisors Douthit, Ladd, Madigan and Chairman Gilman
NOES: Supervisor-Maxon
Budget for the 1972 calendar year explained by Mr. Nickelson.
He stated that the budget is practically the same as Last year. Administration
salaries have gone down; this will be done by eliminating the position of
assistant director. Budget d~scus~e~~~
age October 10, 1972
==W _________October1011972___~___ J~_____
On motion o£ Supervisor Madigan, seconded by Supervisor Ladd and
carried, the budget for the 1972 calendar year for the Community Action
Agency was approved.
AYES: Supervisors Douthit, Ladd, Madigan and Chairman Gilman
NOES: Supervisor Maxon.
Mr, Garlit, training and technical consultant for the Community
Action Agency, explained the scinedule for the training program. He said
that at the bottom part of the budget, it is set out by the Administering
Board the amount of the carry-over from last year`s budget. This is because of the
time donated by the Administering Officer and this should be set out as a
contribution. Chairman Gilman said he hoped that this would be relayed to the
San Francisco people,
Mr, Garlit said they would not be able to solve ail the problems of training,
For the next three weeks they axe going to hold training sessions in the
Neighborhood Centers, Next week will have a Tuesday night training session
in Chico. Mr, Garlit explained the involvement and the session that will
be held,
72-1649 APPEARA~E OF DAN PELLICOTTI, USES FOR FEDERAL REVENUE SHARING FUNDS
Dan Pellicotti, Oroville, presented a letter to theSoard and requested
~ s C7) that the Clerk read the letter ,. The letter set out the various
suggestions by Mr, Pellicotti for uses of the Feoexal Revenue sharing Funds.
Chairman Gilman said these were good suggestions; stating that when the funds
are received, then they will decide how the funds should be spent,
Supervisor Ladd stated that last week he had stated that it was his
intention that most of the money be used to help the local tax payers, There
are strings attached to these funds and a determination will have to be made
concerning these strings. County Counsel will prepare a report concerning
these funds and their possible uses.;
Supervisor Maxon said there are strings to the way these funds can be
used, The County cannot use all of the funds for property tax reductions,
Funds discussed; no action taken,
72-1650 APPEARANCE OF ED GORDON: REQUEST FOR DESK SPACE AT WELFARE DEPARTMENT'
Ed Gordon, Oroville, stated that last week he had requested that a desk
be set up in the Welfaxe Office for use by people who were having a problem
securing welfare assistance, Chairman Gilman informed him that Mr, Robinson
would be pxesent shortly and could discuss this matter at that time.
72-1651 APPEARANCE OF DOROTHY THRESHER,_ BUTTE COUNTY TA3EPAYERS ASSOCIATION
Mrs, Dorothy Thresher, secretary for Butte County Taxpayers Association,
d read a letter from the Association requesting that the Board of Supervisors
~/~ approve desk space in the Welfare Department for contact puxposes with
persons having welfaxe problems,
Mr, Robinson, Welfare Director, stated that there was a problem with
physical space, He explained the space problem at the Welfare Department.
He said it would be impossible to put in more desks in this office as
it would present a real problem to the people that they serve, Chairman
Gilman asked if he was saying that the inconvenience caused wouid be greater
than that to the people that need counseling,
Request discussed,
On motion of Supervisor Maxon, seconded by Supervisor Ladd and
Page 364. ~"
Qctober 10, 1972
_ _ _ _ _ _ _ _ _ _ _ _ _ _ ~c~okex 10= 1922= _ _ _ _ _ _ _ _ _ _ _ _ _ _
unanimously carried, the requests of Ed Gordon and the Butte County Taxpayers
Association for desks to be placed in the Welfare Department were denied,
Supervisor Ladd asked if there was a space at the Welfare Department
that these people could place a sign on the wall telling these people
who they could contact if they had problems, Mr, Robinson stated that there
are signs placed on the walls at the Welfare Department setting out the
telephone numbers for people who feel they are not getting their fair
share of Welfare,
Mr, Gordon said he respected the opinion of Mr. Robinson and the Board,
He said he would .,give these people all the help he can give them,
RECESS: The Board recessed at 11:30 to make an on-site review of the Courts
Building and for noon .luncheon,
RECONVENED: 1:30 All Board members present,
72-1652 PUBLIC HEARING: R. L. SCARBROUGH-PROPOSED REZONING FROM "A-2" DISTRICT
AND "S-H" DISTRICT TO "S-2" DISTRICT, WEST OF CLARK ROAD, NORTH OF INTERSECTION
OF PENTZ ROAD AND CLARK ROADS PARADISE _
The public hearing on the R, L, Scarbrough-proposed rezoning from "A-2"
(general) district and "S-H" (scenic highway) district to "S-2" (medium
density-suburban residential) district for that property generally described
as being west of Clark Road approximately 1'~ miles north of the intersection
of Pentz Road and Clark Road, Parcel No. 41-41-18 and 41-41-24, containing
99 acres, more or less, Paradise, was hold as advertised, Jim Lawson,
Planning Director, summarized the action of the Planning Commission in this
matter, Planning Commission recommended approval of the rezoning. The area
is about a half mile north of the Butte Community College site.
Hearing-opened to the public. Appearing in opposition: no one.
Hearing closed and confined to the Board at this time, It was stated
that the Board would have to get some factors on the environmental impact
of this rezoning. It was felt there should be a report from the planning
staff on the environmental impact. County Counsel felt there should be some
discussion of the envi~`onmental impact, Mr. Blackstock set out the questions
that should be answered concerning this matter,
Mr, Lawson stated that these facts were not considered at the time
the Planning Commission held public hearings on this matter. The present
use of the land is for grazing purposes. He said that the one concern that
he would have is that part of the land is zoned in the Scenic Highway
element, The Planning Commission d~.d not consider whether this was a factor,
Chairman Gilman-said that maybe this should be sent back to the
Planning Commission and have them consider it under the guidelines being
proposed.
Hearing reopened and Mr. R, Scarbrough allowed to speak at this time,
He explained why they had requested the rezoni~ag. The people in that area
desire to keep it residential,
Chairman Gilman asked Mr. Louis Camenzind why he had voted "NO" on this
proposal, Mr, Camenzind said he did not remember why he had voted in this way.
E~aaring again closed to the public and confined to the Board, County
Counsel stated that the Board could refer this back to the Planning Commission
for their findings of the environmental impact. He feels that it will work
out a little better this way. The Board could then-act next week on this
matter. Recommendation discussed,
Page 365, October 10, 1972
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On .motion of Supervisor Ladd, seconded by Supervisor Madigan and
unanimously carried, the proposed rezoning request of R, L. Scarbrough
was referred back to the Planning Commission for their-study and for them
to make their findings in this matter concerning the environmental impact,
72-1653 PUBLIC HEARING SET: WILLIAM VERZI-PROPOSED REZONING CHICO
A public hearing was set for Tuesday, October 24, 1972 at 1:30 p.m, on
the William Verzi proposed rezoning from "A-3" (agricultural-residential)
to "A-2 Ltd „" district for property located on the northwest corner of
Nord Avenue and East Avenue, identified as AP 42-05-29, containing 0.32 acxes,
more or less, Chico,
72-1654 AUTHORIZE ACTION TO BE TAKEN TO ADOPT THE OPEN SPACE PLAN
Jim Lawson, Planning Director, explained the program for completion
and adoption of the Open Space Plan by June 30, 1973, He stated that the
County has to have a work program under this plan. The Resources Agency
has accepted the County's open space plan; they stressed that there were
several other counties that met the requirment minus the work plan.
The County will not be considered for open space funds unless the work program
is included, Work program explained, Plan discussed, The Resources
Agency is preparing new guidelines, There will be a yearly inventory of the
lands.
Supervisor-Ladd said this points up the necessity to treat this Open
Space Plan as a priority issue, He said he knows that the Board members
are over loaded with work but maybe there should be a committee or someone
study this matter, This needs a lot of in-put. Mr. Lawson explained the
intent of the plan.
Time spent discussing the plan,
Louis Camenzind, as a Planner and a e3tizen, stated he objected to
the government putting deadlines on these items. The Planning Commission
does not have sufficient time to study the plans.
County Counsel set out his feelings concerning this plan, He said
the Board was going to have to make a whole series of decisions and it
appears to him that the County. is going to have to "beef-up" the
Planning Department and give them more help. He set out Che problems involved,
Supervisor Ladd agreed with County Counsel. The Board will need more in-put
in this matter. Supervisor ~9ut~+i.e felt the Planning Department needed a good
basic map program.
Maps for the Planning Department discussed, Tt was stated that
P,G,& E, has aerial photos of the ~1~ble county, Maps and their use discussed,
Supervisor Douthit said Water Resources have some very good maps of this area.
Supervisor Madigan stated that any maps that P,G. & E, has will be made
available to the County,
grogram discussed,
On ,motion -of Supervisor Madigan, seconded by Supervisor Ladd and
unanimously carried, the Planning Department was authorized to take the
necessary action to adopt the program for completion and adoption of Open
Space Plan, as it is at this point,
72-1655 TENTATIVE PARCEL MAPS REf'ERRED BACK TO PLANNING COMMISSION
Jim Lawson, Planning Director, presented the following tentative
parcel maps for Board consideration:
a. Six tentative parcel maps recommended for approval
b, One tentative parcel map recommended for exception
c, One tentative subdivision .map recommended for approval
d, Continued subdivision map recommended for approval,
Maps discussed. Chairman Gilman said that maybe all these maps
should be reconsidered by the Planning Commission, Mr, Blackstock said he
Page 366, October 10, 1972
October 10,, 1972_ _
would recommend that all these maps be sent back to the Planning Commission
for their findings in this matter, Chairman Gilman asked Mr, Lawson if
these could be referred back to the Planning Commission and have their
written report on the environmental impact finding, County Counsel said
that the Planning Commission could hold a special meeting to consider these
maps and make their findings.
On motion of Supervisor Madigan, seconded by Supervisor Douthit and
unanimously carried the tentative parcel maps and subdivision maps were
referred back to the Planning Commission for their environmental impact
in-put, as recommended by County Counsel.
72-1656 DISCUSSION: INFORMATION ITEMS PRESENTED SY PU$Lit WORKS
Clay Castleberry, Director of Public Works, presented the matter of street
name sign colors. During the past. years the signs have had reflected
silver with black letters, It is~now green that should be used if the
County is to be consistent with the national use of street Signs. Matter
of color of paint for street signs discussed, Unless objections are expressed,
the Public Works Department will use green paint when the other paint has
been all used. No action needed.
(b) Information- Lime Saddle improvements, Approval has been received
for the plans and specifications for a cpurtesy dock and gangway at the
Lime Saddle Marina, Plans for the work will be presented to the Board later
for their approval, I3o action needed at this time,
(c) Emergency generator plan-for County Hospital. Mr. Castleberry
said this would be taken to the Hospital Board before he gives it to the
Board for their decision,
(d) Krejci parcel map - Black Bart Road. Mr, Castleberry stated
that Supe~v~sor Ladd had requested that this be brought back for the Board's
consideration. He explained the matter of easements for the swails,
Mr. Castleberry said that the Planning Commission recommended the easement,
Matter discussed,
On motion of Supervisor Ladd, seconded by Supervisor Maxon
a2~d 'carried; .the. 30' easement on the Krejci parcel map was waived
as i.t is not in the good interest. of the County to demand the easement.
AYES: Supervisors Douthit, Ladd, Madigan and Maxon
NOES: Chairman Gilman
72-1657 DISCUSSION: REQUEST DF CARL W, FISCHER, CHICO FOR DESIGNATION OF A
LIME SADDLE COMMUNITY SERVICE DISTRICT AS AN AREA PLANNING COMMISSION
Chairman Gilman questioned Mr, Lawson about the request of the Ad Hoc
Committee for the Lime Saddle Community Service District to be designated
as an area planning commission. Mr. Lawson-said he has been .meeting with
these gentlemen from Paradise, They have requested a change in the zoning
for that area. Mr. Lawson explained the zoning being considered. The
committee brought up the idea of an area planning commission. They are
trying to stop the bodge podge development of that part. of the County.
They want to have a strict review of development for that area. Chairman
Gilman felt the request should be held for a week or two, Mr, Lawson
suggested that maybe County Counsel could report on area planning commissions.
Mr. Blackstock said he could give the Board a written report in the next
few weeks,
Request discussed; no action taken at this time,
72-1658 R~PDRT ON OAS CLAIMS
Mr. Robinson, Welfare Director, sent the Board members a report on-when `"
Page 367
October 10, 1972
October 10= 1972
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OAS claims were last increased and by what amount, and whether or not the
new Social Security increases are being computed so as to reduce the OAS grant,
No action taken.
`~72-I659 ADOPT RESOLUTION 72-183 TO ESTABLISH VOTING PRECINCTS AND TO DESIGNATE
THE COUNTY CLERK TO CANVASS VOTES AND SUBMIT FINAL ABSTRACT
On motion of Supervisor Madigan, seconded bySupervisor Douthit and
unanimously carried, Resolution 72-183 to establish voting precincts and to
designate the County Clerk to canvass votes and stbmit..final abstract was
adopted and the Chairman was authorized to sign.
RECESS; 3:00
RECONVENED: 3:12
72-1660 COUNTY TAX COLLECTOR DIRECTED TO PROCEED WITH GETTING TAX BILLS OUT
Chairman Gilman stated that because of the Board's action .last week,
there is a hang-up on the tax bills, The bills are here and are ready for
processing by the Data Processing Department. He did not feel that the
County would be in receipt of the revenue sharing funds in time to include
the reduction on the present tax bills, Time spent discussing the tax bills
and the matter of the revenue sharing funds, It is the Board's intent that
the revenue sharing funds would be used for tax relief, It was felt that
action should be taken to allow Mr, Swinney to print the bills and send them
out to the tax payers, Supervisor Maxon said he wanted it a matter of record
that it was the intent of this Board that the revenue sharing funds would be used
for property tax relief if the County can do so in a legal manner,
On motion,.of Supervisor Ladd, seconded by Supervisor Douthit and
unanimously carried, the County Tax Collector. was directed to proceed
with getting the tax bills out, and not to hald them up because of the
revenue sharing funds.
72-1661 A2yPROVE PEP-GRANT MODIFICATION, SECTION 6
On motion of Supervisor Douthit, seconded by Supervisor Madigan and
unanimously carried, the grant modification (PEP) Section 6, extending the
Section 6 Emergency Employment Act Grant from October 31, 1972 through
November 30, 1972 was approved and the Chairman was authorized to sign.
72-1661 AUTHORI2ED MATERIAL AT NEAL ROAD LANDFILL SITE
Four quotations have been received for the furnishing-and delivery of
25,000 yards of granular cover material for the Neal Road landfill site, The
low quote was from W, H, '"Bill" Wilson of Oroville at $1,31 per yard,
Action :discussed, Supervisor Ladd felt that there should be a much less
expensive way of taking care of the County Garbage, Chairman Gilman said
he has had another complaint from the Chico Honey Dippers Association about
the dumping of sewage, He asked if they could use the Neal Road site.
Mr. Castleberry will give the Board a report on this request,
On .motion of Supervisor Maxon, seconded by Supervisor Ladd and
unanimously carried, purchase of 25,000 yards of cover material furnished and
delivered to the Neal Road site from W, H, Wilson at $1,31 per yard was
authorized.
72-16_62 APP ROVE THE BIDW~LL RIVER PARK SUBLEASE
On motion of Supervisor Madigan, seconded by Supervisor Ladd and unanimously
carried, the sublease of a portion of Bidwell River Park by C,A.R,D, to Mr,
Walter J. Scott was approved and the Chairman was authorized to indicate
approval by signature on the sublease.
Page 368.
October 10, 1972
--_____====-October 102 1972_ _ _ _ ________________
72-1663 ACTION DELAYED; COURTHOUSE PARKING FOR EAEMPT VEHICLES
Clif Nickelson, Administrative Officer, reported that on January 1
the City of Oroville will begin to enforce parking limitations around the
courthouse. Thi§ will cause some problem for exempt and special vehicle
parking. Mr, Nickelson-explained this situation. The osa~uer of the lot
at 1460 Lincoln Street will lease the lot to the County for keeping the
]ot burned off and cleared, Use of the lot discussed, Supervisor Ladd
said that before he could vote on-this he would like to look at the Iot,
Action .put over one week.
~2-1664 ADOPT RESOLUTION 72-184 GRANTING FRANCHISE FOR CONSTRUCTION OF A COMMUNITY
TV SYSTEM IN PARADISE _
After considerable delay in time it appears that all parties are now
in general agreement concerning the grant of a franchise for the construction
of a community TV system in Paradise, Resolution-discussed,
On motion of Supervisor Maxon, seconded by Supervisor Ladd and
unanimously carried, Resolution 72-184 granting franchise was adopted and
the Chairman was authorized to sign,
72-1665 TRAVEL REQUEST APPROVED
On .motion of Supervisor Maxon, seconded bySupervisor Ladd and
unanimously carried, the request of the District Attorney for authorization
for David L. Dansby, criminal investigator-polygraphist, to attend the
California Association of Polygraph Examiners meeting in San Mateo October 14
and 15, 1972 was authorized, Number of nights lodging-one, Estimated cost
of trip $40, Travel by county car,
72-1666 BUDGET TRANSFER APPROVED
On motion of Supervisor Douthit, seconded by Supervisor Madigan and
unanimously carried, Budget Transfer 8-14, Emergency Employment Act, Section 5,
setting up $58,000 in Department 97-05, the Emergency Employment act budget,
out of unanticipated revenues and to cover the grant extension-period to
October 15, 1972 was approved,
~2-1667 ADOPT RESOLUTION 72-185 OF CONCERN AS TO THE CALIFORNIA ENVIRONMENTAL
,QUALITY_ACT OF_1970
Dan Blackstock, County Counsel, explained the proposed resolution urging
th:g.Go~ernor~:to` Request` a special session pf the Legislature to seek
clarification of the Environmental Quality Act. He said he would make
reference to the decision of the California Supremo Court in Friends of
Mammoth vs. Board of Supervisors of Mono County and request the Governor
to use his office to obtain the needed clarification of the act.
Proposed resolution discussed,
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, Resolution 72-I85 of concern as to the California
Environmental Quality Act of 1970 was adopted and the Chairman was authorized
to sign. Copies of said resolution to be sent to the Governor, Senator Marler,
Assemblyman Johnson, California Supervisors Association and to the Nine
Northern Counties Supervisors Association,
72-1668 DISCUSSION OF INSPECTION OF NEW COURTHOUSE BUILDING
Time spent discussing the inspection-of the new courthouse building.
Chairman Gilman said this Board should see that this building is completed
at the earliest ppssible date, He felt that the minor defects could be
cleared up in a short time, It was stated that the contractor has not
cooperated with the County at all, The Board would like to see the building r
completed so it could be put to the use it is intended.
Page 369, October 10, 1972
__--__=W==--=-Octoberl0=1972___________ ___
RECESS: 3:45
RECONVENED: 4:05
72-1669 ADOPT ORDINANCE N0, 1297 AN URGENCY ORDINANCE FiSTABLISHING PROCEDURES
FOR COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT
Dan Blackstock, County Counsel, presented the proposed ordinance
setting out the guidelines for compliance with the California Environmental
Quality Act, Ordinance read and discussed, A questionaire that will
have to be completed by applicants read and discussed. The decision of the
Planning Commission should be final, unless appealed to the Board of
Supervisors, pursuant to the use permit procedure found in Ordinance 1044.
Facts constituting the emergency of this ordinance set out. Discussed how
the building permits should be handled that have already been issued,
It was suggested that this ordinance have a provision that certain type
buildings will not require the close scrutiny =mar environmental impact.
Mr, Glanders suggested that this could be covered by the present
ordinance. Could notify the lenders that there are no problems with these
permits that have been issued previously. The action today would also
approve the questionaire, Supervisor Maxon felt the ordinance should
be null and void if the Legislature takes the action that it is hoped they
will take. Tt was felt that this ordinance should be for a 90 day period
of time only, A termination date of 90 days placed on the proposed ordinance,
Time spent discussing the proposed ordinance,
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
unanimously caxried, Ordinance No. 1296 an urgency ordinance establishing
procedures for compliance with California Environmental QualaBy Act was
adopted, for a period not to exceed 90 days, and the Chairman was authar:~zed.
to sign, with the understanding that it is the intent of this Board that
this ordinance could be repealed by an emergency ordinance if needed,
Discussed the resolution-for procedural rules for the building
department, Questionaire read; discussed how it should be interpreted,
This woi.sld give the Planning Department specific criteria on which to
approve building permits,
Mr, Castleberry stated that with the adoption of the ordinance, most
of the building permits they have on hand would be freed. Maybe it would
be better to give the staff a week to put this questionaire together
before the Board approves it. The present questionaire would present
problems. The remodelings and additions to homes are taken care of by the
adoption of the ordinance, It was felt that the questionaire could be
boiled down to 5 or 6 questions that will not scare the people.
Proposed resolution and questionaire put off one week to give the
staff more time to work on the resolution and questionaire.
ADJOURNMENT•
There being nothing further before the Board at this time, the
meeting was adjourned at 4:55 to reconvene on Tuesd ,October 197 9:00 a.r
ATTEST: CLARK A, NELSON, COUNTY CLERK ~
By; airman of t oard
Board of ervisors Clerk
Page 370.
October 10, 1972