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HomeMy WebLinkAboutM122171_. December 21, 1971 STATE OF CALIFORNIA ) +SS COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.mepursuant to adjournments Present: Supervisors Madigan, Maxon, McKillop and Chairman Reynolds. Clifton Nickelson, Administrative Officer, Neil McCabe, Assistant County Counsel, and Clark A, Nelson, County Clerk, by Margie Catt, Board of Supervisors' Clerk. INVOCATION: Revo William Hutton, Chico Community Church Pledge of Allegiance to the Flag of the United States of America, 71-2297 APPROVAL OF MINUTES On motion of Supervisor Madigan, seconded by Supervisor McKillop and carried, the minutes of December 7, 1971 were corrected to strike out the word "not" in Item 71-2219, last sentence of the paragraph. On motion of Supervisor Maxon, seconded bySupervisor Madigan and carried, the minutes of December 14, 1971 were approved as mailed. 71-2298 SUPERVISOR GILMAN EXCUSED 6n motion of Supervisor Reynolds, seconded by Supervisor Madigan and carried, Supervisor Gilman was excused due to illness. 71-2299 COMMUNICATIONS Durham Junior Women's Club. The Women's Club requests the Board to give ~b~`a~ consideration to the interchange at the Durham Rd. intersection with the highway. Discussedo Referred to Clay Castleberry, Director of Public Works for answer. S. R, Heath, Oroville. Mr, Heath writes regarding the 1971-72 taxes, and in particular the O.W.I.Do taxes which were placed on the County roll and tax bill this year. He also protests the planned multiple apartment complex being planned on Lower Wyandotte Road. Referred to County Administrator for answering. Wo D. Mease, Tracy, Mr. Mease, who owns ranch property on the Marysville- LaPorte Road, sends copy of his letter to the Oroville-Wyandotte ~ b ~,~/~ Irrigation Aistrict in which he protests the maintenance of OaW.I.D, ditches and other items near his property and also mentions the damage to county roads resulting from this matter, Referred to Director of Public Works for answer, Norr' M, Goodwin, attorneyo Mra Goodwin files claim in behalf of So A. ~ ~ ~ ~ Pickett in the amount of $50,000, See motion denying claim. Norris M. Goodwin, attorney. Mr, Goodwin files affidavit of service by ~ D 0. ~~ registered mail" in the matter of the recall of Supervisor McKillop, and also the "affidavit of service by registered mail° in the matter of recall of Supervisor Reynolds. Discussed; no action taken, Arthur Lo Steward, Paradise. Mr. Steward, who owns the Skyway Villa Mobile ~ ~ ~ Q ~ Home Park, writes regarding the difficulties that he is experiencing, and particularly in the payment of his taxes, Information only. James W. Hansen, Oroville. Mr. Hansen appeared before the Board on p ~• 0 ~ whichbhe saysdhelwassmisquotedti n itemt~F71m2219eofothehmi utes,ng in See action taken on approval of the minutes. Mr, and Mrs. Robert Teague, Paradise. The Teague's write in opposition to ~ ~ the proposed rezoning from A-R to MID? for Ralph Miller and Girard J('~• Heustic, and enclosed petitions with 41 signatures in opposition to the rezoning. To be discussed during the Public Hearing. Harold Dawson, Paradise. Mr. Dawson asks if the Board would be in favor of a boat storage facility two miles north of Lime Saddle Marina on Pentz-Magalia High ~ ~•d C7 Highway, and if not, requests refund of a $48 building permit which he has paid, See motion following communications. B Page 2690 December 21, 1971 __ \ a ~ _ _ _ _ _ _ _ _ _ _ _ = December=21, =1371 = _ _ _ _ _ _ _ _ _ _ = T = J~ ~ ~ Bernard M. Gerhard, Paradise. Mr, Gerhard states "let's start taxing mobile home owners the way they should be taxed." Information only. Alfred 211gen, Paradise. Mr, I11gen writes regarding the James T. Fry Home Establishment for the Mentally and Physically Handicapped Children a on Bi11e Road Extension in Paradise. Letter discussed. It was 3,~ suggested that County Counsel should set down the le al g points in this matter, Referred to County Counsel. Discussed working with County Supervisors Association to change some part of the Legislative procedure that might improve these matters, It was suggested that maybe some Legislature could be introduced that would be corrective so the County could have some jurisdiction in these matters. No action taken at this timed Floral Avenue property owners, Chico. The groug of property owners forward a petition requesting the installation of curbs and gutters along Floral t~ p p~O a Avenue between Manzanita and East Avenue. There are 33 signatures on the petition. Matter discussed, Supervisor Madigan and Mr, Castleberry will draft a letter in answer to this letter. City of Chico, The City Clerk forwards notice that at the December 9, 1971 meeting of the City Council the following were appointed to the Chico Area Planning Commission Advisory Committee: Mr, Ross Lawler, Mr, Hogan Matthews and Mr. Steve Gilmore, It is further stated that they understand that the Board of Supervisors will, make three appointments to the. Committee and that the seventh member will then be appointed by the six members. Discussed; no action taken at this time. County Supervisors Association, The Association writes regarding the Watson Amendment and announces that a statewide meeting of the CSAC Board of Directors for the purpose of reviewing the Watson Amendment in depth / 0 O~~'Z`will be called in January and further the President of CSAC asks that the Board delay taking a position on this very important constitutional amendment until an analysis of the matter has been made. Matter discussed, Supervisor Maxan asked if it would be appropriate to ask both sides to speak to the Board about this amendment. After the meeting in January, both sides will be invited to speak before theBoard and explain what the amendment will mean to both sideso County Supervisors Association of California. The Association writes regarding action necessary to comply with theBoard of Equalization responsibility under SB 325. They forward revisions of the county local sales and use tax ordinance and an agreement for state administration. It is further requested that should the County have any suggestions or modifications to the proposal, that they be conveyed directly to the Board of Equalization prior to January 31, 1972, Referred to Count Auditor, nt.C° _ State Board of Equalization. The Board sends notice of a discussion scheduled for 2:30 p.m., January 4, 1972 in Sacramento regarding the method of assessing timber properties when they are restricted to open space use pursuant to the California Land Conservation (Williamson) Act. Referred to County Assessor.vr!_C , State Department of Human Resources Devel opmento James W. Purdy of the Oroville Office announces a meeting to be held in Chico on the January 13, 1972 between six counties for the purpose of establishing an "Ancillary Manpower Planning Board" and requests notification of representative who will attend from Butte County, Referred to County Administrative Officer and Jim Rackerby, Personnel Director, Stanley Brown, Community Representative of San Francisco Office of E.O.C. ~~ ~ ~ Carbon copy of letter to Brian Freeman, Executive Director of Butte County Economic Opportunity Council, Inc, objecting to Mr. Freeman's actions, Letter discussed. Copies to be given to Board members. To be discussed, also, when Mr. Freeman is present. ~~z~,02-.Louise Gammon. Taxes on mobile homes, Read. To be placed in mobile home file, Francis R. Threlfall, Resignation from The Citizens Advisory Comm:i.ttee for Land `{ ~ a.o D Divisions. Read; no ection taken, Judge Charles L. King, judge of Gridley Judicial District. Resignation ~3 as Judge effective December 30, 1971. Administrative Officer was ~j~ requested to write a letter to Judge King thanking him for his services d to the County and wishing him well on his retirement. Discussed procedures of appointment a judge for this position. County Counsel -- ~`_-"-` ~ Pa e 270, December 21, 1971 .. ___ - g 1 December 21,_1971 will prepare information concerning the procedures of appointment the new judge. The public will be kept informed of this matter. John Notsey,P~ne Tree Road, Paradises Article appearing in a southern ~ 0 California paper concerning Welfare practices. Article discussed. ~'~ To be passed along to Ed Robinson, Director of Welfare Department. 71-2300 REJECT CLAIM OF S. A. PICKETT On motion of Supervisor Reynolds, seconded by Supexv~.sor McKillop and carried, the claim of S. A, Pickett in the amount of $50,000 was denied and referred to County Counsel> 71-2301 APPROVE REFUND OF BUILDING PERMIT FEE TO HAROLD DAWSON, PARADISE On motion of Supervisor McKillop, seconded by Supervisor Madigan and car7:ied, a refund of $32,8A was approved for Harold Dawson, Paradise, the balance of the building permit fee paid to the County, after retaining the $16.00 for plan checking, if Mr. Dawson choses not to build, 71-2301 ADOPT ORDINANCE NO. 1220 ESTABLISHING 35 MPH SPEED LIMIT ON EIGHTEENTH STREET On motion of Supervisor Maxon, seconded by Supervisor McKillop and carried, Ordinance No. 1220 establishing 35 MPH speed limit on Eighteenth Street was adopted and the Chairman was authorized to signo 71-2302 ACCEPTANCE OF DEEDS, RIGHT OF WAY ACOUISITION On motion of Supervisor McKillop, seconded by Supervisor Maxon and carried, the following deeds were accepted and the Chairman was authorized to sign the certificates of acceptance: Rio Lindo Avenue use permit AP 44-14-48, 52 F, Harrison Edgewood Lane parcel map AP 55-201-06 Ben Landis Forbestown Rd, FAS 759(4) Pcl, 7 J. T. Kelley 71-2303 CHAIRMAN AUTHRRIZED TO SIGN QUIT CLAIM DEEA~(CANYON_DRIVE. PCL. 22 PROJECT On motion of Supervisor Maxon, seconded by Supervisor Madigan and carried, theChairman was authorized to sign a quit claim deed to Marvin L. Gilbertson, et al, for Canyon Drive, Pcl, 22 Project 27553-68-1. 712304 AUTHORIZATION GRANTED PUBLIC WORKS EQUIPMENT ACQUISITION On motion of Supervisor Maxon, seconded by Supervisor McKillop and carried, authorization was granted for the purchase of one used radio at $350, if available, and two on bid recently opened for Agricultural Commissioner, for Public Works Department for use on three snowplows. 7I-2304 AWARD OF BID FOR BUTTE COUNTY FAIR RESTROOM FACILITIES Clay Castleberry, Director of Public Works, reported on the bids opened for the Butte County Fair restroom facilities. He said Oscar Deakins bid of $16,649, was the best bid received. On motion of Supervisor Reynolds, seconded by Supervisor Madigan and carried, the bid of Oscar Deakins in the amount of $16,649. was accepted for the Butte County Fair restroom facilities and the Chairman was authorized to sign. 71-2305 APPROVE PROPOSED DRAINAGE POLICY FOR PARADISE Clay Castleberry, Director of Public Works, presented a proposed drainage policy for Paradise. Mr. Castleberry said to permit development of commercial, multi-family and mobile home parks (subdivisions already apply), that Public Works recommends that developers be allowed to proceed using the following drainage policy: A. Developers shall drain to a storm drain outfall pipe or well- defined natural drain or, Page 271, December 21, 1971 ~l G ~ ~ ~ ~ ~ ~ ~ r ~ ^December 21~ 1971_ ~ _ _ ~ _ _ ~ _ _ B. Pay Board-established fee toward ultimate storm drain system and temporarily solve drainage on own property through dry wells or some other approved solution. C, Spearhead and form local service area or assessment district to finance area or local basin storm drain system. Mr. Castleberry said the developers would have an option of picking what system 7,ooked best to him. Mr, Castleberry said he mould recommend concurrence with this matter. He said this proposal is for capital outlay facilities and maintenance would be carried out through the existing County Service Area Npo 384 Maintenance discussed. It was felt that the maintenance should not be handled out of County Service Area Nop 38.. It was suggested that the sentence "This proposal is for capital outlay facilities and maintenance would be carried out through the existing County Service Area No. 38e" be deleted from the policy, Policy could be reaffirmed with the deletion of this sentence. On motion of Supervisor Maxon, seconded by Supervisor McKillop and carried, the drainage policy for Paradise was approved as recommended by Mr. Castleberry, and set forth below: A, Developers shall drain to a storm drain outfall pipe or well-defined natural drain or, B. Pay Board-established fee toward ultimate storm drain system and temporarily solve drainage on own property through dry wells or some other approved solutiono C. Spearhead and form local service area or assessment district to finance area or local basin storm drain system. Policy was approved with the deletion of the Sentence: "This proposal is for capital outlay facilities and maintenance would be carried out through the existing County Service Area, No. 38." 71-2306 ADOPT RESOLUTIONS 71-311 and 71-312, AWARD OF BIDS PARADISE PINES UNITS N0. 12, 1 & 14 ASSESSMENT DISTRICT On motion of Supervisor McKillop, seconded by Supervisor Maxon and carried, the following Resolutions were adopted for the Paradise Pines Units No. 12, 13 & 14 Assessment District: fig Resolution No, 71-311 AWARD OF CONTRACT 71-312 Authorizing execution of agreement between the , County and Butte Creek Rock Company and approving Labor and Material Bond and Faithful Performance Bond 71-2307 ADOPT RESOLUTION 71-313 APPROVING EXECUTION OF AGREEMENT FOR DELEGATION OF ACTIVITIES UNDER CAP GRANT N0. CG-7057, and AUTHORIZ3NG CHAIRMAN TO SIGN AGREEMENT United Methodist Church of Oroville has been the delegate agency for the Oroville Part Day Head Start Program, The Economic Opportunity Council approved continuation of this agency for the 1972 year and requests that the Board ofSupervisors adopt a resolution continuing the First United Methodist Church of Oroville as the delegate agency for the 1972 program yearn Brian Freeman, Executive Director of the Community Action Agency, Butte County, was present to explain this matter. The Community Action Agency Governing Board voted for approval of this matter. Mr. Nickelson said that if theBoard did approve this agreement, it should be subject to confirmation by the Auditor, Agreement discussed. On motion of Supervisor McKillop, seconded by Supervisor Madigan and carried, Resolution 71-313 approving execution of agreement far delegation of activities under CAP Grant No. CG-7057 was adopted and the Chairman was authorized to sign, subject to approval by the Auditor, AYES: Supervisors Page 272. December 21, 197. =a========-W ==De~cember211 1971= = = = =__._--__~___ Madigan; NIcKi11o.'p;~::anik_:Chairman Reynolds NOES: Spervisor Maxon ABSENT: Supervisor~Gilman 71-2308 DISCUSSION: LETTER FROM SAN FRANCISCO OFFICE EOC REGARDING BRIAN FREEMAN v The letter from Stanley Brown, of the San Francisco office of EOC regarding ~,~ Brian Freeman was discussed at this time. Mr. Freeman had received the original a- of this letter regarding procedures in the Head Start program. He stated that in August 1970 the office of Child Development came out with a memo that would be used as a guide line. Parents 'elect members to a Parent Policy Council. These parents have the authority to check on decisions made by the Head Start Coordinator. He said it is much different than the procedure followed now. The hiring and firing is solely in the hands of the Executive Director. He said what is occuring now is that you have three boards involved in these matters-the E,O.C. Board, the Board of Supervisors and the Parents Policy Council. He said the parents should be making some of these decisions, The Board asked Mr. Freeman if he would have to appeal this case. He said it has already been presented to the Parents Policy .Council. They have disapproved the action of the Executive Directors They have now referred the matter to the San Francisco E,O,C, and they will make a decision in this matter. Matter discussed; no action needed at this time, 71-2309 DISCUSSION: NEW ERA ENTERPRISE EOC OPERATION d Mr. Freeman said that a meeting was held last Tuesday and they discussed a the firewood matter, A complete review of the entire system will be made, ~`?~~~ They will be re-evaluating the goals and the program. They will see some of the mistakes that have been made so that they can be corrected in the future. Chairman Reynolds said this Board would like to be kept informed at least on a monthly basis, Chairman Reynolds said this Board should be kept informed of who is attending the meetings; an attendance report should be made to the Board of Supervisors. It was suggested that maybe the Auditor should on a monthly .basis preaent_a financial report., Clif Nickelson; Administrative Officer, stated that the Auditor making a quarterly report is not the solution. He said the Executive Director should be making a monthly report; the Executive Director is the man who should keep this Board posted at all times, on the financial situation and the attendance at the meetings, Matter discussed; no action taken. 71-2310 APPROVE COM[~ffTMENT OF COMMUNITY ACTION AGENCY FUNDS TO NEW ERA ENTERPRISES INC, Bi11 Lawrence, Assistant Auditor, reported on the commitment of Community Action Agency funds to New Era Enterprises, Inc. Some of the conditions that were attached would have to be reconsidered before the money could be used. Air. Lawrence said a legal question has been raised. He read out of the Novembex minutes concerning the payment of the outstanding bills. He said the conditions could not prevail because the bills are in excess of the advance. New bills are arriving constantly. He said they would not know the .actual condition of the indebtedness until all the bills are totaled, He said the Board should remove the condition to the grant that was approved at the November 36th meeting. ,, A telegram from Hugh D, Wharton, III Regional Counsel, read concerning *~\ the use of the grant. Neil McCabe, deputy county counsel, said 1~is office called Mr. Wharton this morning and he stated that the letter referred to in the telegram had not been written. It was stated that there would be no advance made or any incumberances made where the fatal indebtedness would exceed the total assets, including the $50,000 advance; this was made a part of the November 16th minutes, Mr, Lawrence said the bills will exceed the advance, Use of the advance discussed. RECESS: 10:20 RECONVENED: 10:25 Mr. Lawrence suggested that the minutes of November 16th be amended to exclude the statement "including the $50,000 advance," It was stated that the intent was that the $50,000 would not be considered an indebtedness. Supervisor Maxon said he had real reservations on his part concerning the Page 273, December 21, 1971 December 211 1971 expenditure of the $50,000 grant, Mr. McCabe stated that Dan Slackstock, County Counsel, had written a letter to Mr. Mercer and had pointed out that when the check for $50,000 finally arrives, would the San Francisco EOC object to the using of this money to pay the debts of New Era Enterprise. A telegram has been received stating that the County can spend the $50,000 for the payments of the bills. It is known that the $50,000 is against the EOC programs in this County for next year, There will be a curtailment of funds in that amount next year. It was stated that the problem the Board has to face today is: 1. Until the County receives a letter cannot expend any sums 2. Clarification of the question-the indebtedness against the EOC for next year. These are EOC funds thaf have been given a year ahead of time. ~f it is not a grant, the County will loose $50,000 worth of programming next year, Aiscussed how the motion should be stated. It was felt that the motion Should stated that the Corporation will not assume any indebtedness beyond its assets and then insert "any indebtedness, exclusive of the $50,000 grant". Amendment discussed. On motion of Supervisor McKillop, seconded by Supervisor Madigan and carried that the November 16, 1971 minute order, 71-2126, page 203, be amended to state " with the exclusion of the $50,000 loan,"and with the understanding that the money will not be expended until the letter has been received from E.O.C. AYES: Madigan, McKillop and Chairman Reynolds NOES: Supervisor Maxon. 71-2311 AUTHORIZE WIRE TO BE SENT TO SENATOR MARLER: AB 565 o 0 ~.~ Ralph Beemer, Magalia, presented copies of AB 565 to the Board members; this is the bill on mobile homes and other motor vehicles. He said he had contacted Assemblyman Johnson's office yesterday and they informed him that this bill is on the Governor's desk, The bill was amended on October 27tk~~ he explained the amendment. He said that due to the urgency of this bill and the fact that it is on the Governor's desk, maybe the Board should contact Senator Marler and urge him to request that the Governor sign the bill. Supervisor McKillop said that every citizen should contact their Legislators to have have them urge the Governor to sign the bill, Tt was moved by Supervisor McKillop, seconded by Supervisor Maxon and carried that a wire be sent to Senator Marler a8ls~ng that he urge the Governor to sign this bill. (AB 565). 71-2312 APPEARANCE OF LOUIS GAMENZIND: EQUITABLE TAX ON PERSONAL PROPERTY Louis Camenzind, Chico, stated he would like to see this Board of Supervisors initiate an equitable tax on personal property in line with the live stock tax that has to be paid by the farmers each year. The car dealers do not have to pay this after a certain date, He feels that the live stock men are being discriminated against in this regard. He asked if this matter could be taken up by the State Supervisors Association, Supervisor McKillop said he would discuss this matter with the State Supervisors Association. 71-2313 APPROVE DATA PROCESSING AGREEMENT WITH COUkdTX OF LASSEN Ev Bosworth, assistant county administrator, explained the Data Processing agreement County of Lassen for the furnishing of voter registration processing services, He said that costs are being picked up and recovery is being-made. He said the contract is fine iri its present form, Supervisor Madigan said he was satisfied with the contract. s Page274. December 21, 1971 December 21~ 1971_ On motion of Supervisor Reynolds, seconded by Supervisor McKillop and carried, the data processing agreement with County of Lassen for the furnishing of voter registration processing services was approved and the Chairman was authorized to sign. 71-2314 29 BLACK WALNUT TREES DECLARED SURPLUS PROPERTY On motion of Supervisor Reynolds, seconded by Supervisor Maxon and carried, 29 black walnut trees on West Sacramento Avenue in Chico were declared surplus property and the Purchasing Agent was authorized to dispose of said trees through competitive bid, 71-2315 APPROVE SERPICE AGREEMENT FOR CERTIFICATION OF EGGS The Agricultural Commissioner has had one of his inspectors take the qualifying federal examination so that he can certify the federal grades o£ eggs, This contract utilizes the services of this sector to do this for State Department of Agriculture. Agreement calls for reimbursement to the County for actual salaries and expenses of this program. Mr. Black states there will be only a few hours at the most per week and it will dove-tail into his regular egg inspection program, Agreement discussed. On motion of Supervisor Reynolds, seconded by Supervisor Madigan and carried, the service agreement for certification of eggs with the Department of Agriculture was approved and the Chairman was authorized to sign the agreement, subject to County Counsel and Auditor's approval. 71-2316 TRAVEL REQUESTS APPROVED The request of the Director of Public Works for himself and George Stamm to take the Superior California Water Association tour to review the Metro Water District and Feather River Project facilities January 6 through January 8, 1972 discussed. Supervisor Maxon does not feel that two people should go from Public Works. On motion of Supervisor Maxon, seconded by Supervisor McKillop and carxied, the following travel requests were approved: 1. Tom Struthers, purchasing officer, to attend the annual conference of California Association of Public Purchasing Officers at Newport Beach, January 26 through January 29, 1972; three nights lodging. Travel by public transportation. Estimated cost of trip $190. 2. One persgn, either Clay Castleberry and George Stamm, from Public Works Department to take the Superior California Water Association tour to review the Metro Water District and Feather River Project facilities January 6 through January 8, 1972. Three nights lodging. Estimated cost of trip $50. Travel by public transportation. 71-2317 APPROVE APPOINTMENTS TO BUTTE_COUNTI' MOSQUITO ABATEMENT DISTRICT On motion of Supervisor Maxon, seconded by Supervisor McKillop and carried, the following persons were appointed to ;:he Butte County Mosquito Abatement District, for terms of two years, beginning on January 1, 1972 and expiring on December 31, 1973a Mrs, Ruby Fallon, Paradise Mr. James Shelby, Oroville 71-2318 APPROVE CLOSURE OF SIMPSON TRANSFER STATION FOR CHRISTMAS On motion of Supervisor McKillop, seconded by Supervisor Maxon and carried, approval was granted for the closure of the Simpson Transfer Station from 3:00 p.m. Friday afternoon (December 24, 1971) and al.l day Saturday, December 25, 1971. Station to be opened as usually on Sunday, Page 275. December 21, 1971 .._ _ -_--____=====Decaml~ex21319Z1=====--------- 71-2319 PUBLIC HEARING SET: SOUTHERN CALIFORNIA FINANCIAL CORPORATION: PROPOSED REZONING FROM "RT-1" (MINIMUM-DENSITY RESIDENTIAL-TRAILER) AND "R-3" (MEDIUM DENSITY RESIDENTIAL) DISTRICTS, TO "MHP" A public hearing was set for January lI, 1972 at 1:30 p,m, for the Southern California Financial Corporation`s proposed rezoning from "RT-1" (minimum density residential-trailer) and "R-3" (medium-density residential) districts, to "MHP" (mobile home park),;"R-3" {medium-density residential) and "C-1" (light commercial) districts for that property generally located in Ke11y Ridge Estates, east of Oroville, between Arroyo Drive and Hillcrest Avenue, on the east side of Kelly Ridge Road, 71-2320 CONTRACT WITH "THE BRIDGE" TAKEN OFF AT THIS TIME The contract with "The Bridge" taken off the agenda at this time. No time set to be placed back on the agenda, 71-2321 ADOPT: RESOLUTION 71-314 OF I;TTENTIOV TO DECLAR:: ABAIVDO~IMENT OF CHINESE CEMETERY AIQD TO DEDIC~~TE IT AS A PIONEER MEMORIAL PARK On motion of Supervisor McKillop, seconded by Supervisor Maxon and carried, Resolution 71-314 of intention to declare abandonment of Chinese - Cemetery and to dedicate it as a pioneer memorial park was adopted, the Chairman was authorized to sign and February 29, 1972 at 1:30 p,m, was set as time for the public hearing on this matter. 71-2322 REPORT ON FOREST RANCH CEMETERY ASSOCIATION TAX EXEMPT STATUS Neil McCabe, assistattt county counsel, reported on the tax exempt status of the Forest Ranch Cemetery Association. He reported on the basic outline of the matter, A claim for exemption must be filed with the Assessor's Office to obtain. said exemption. If the Association should come in now and file a claim, they can still be exempt from 90% of the taxes on the property. The Association could fill out the form that they have and contact the Assessor's Office for assistance if it is needed. Mr, McCabe will discuss this matter with the Auditor's Office and will follow through on the matter, No action taken at this time, 71-2323 HF~ARING ON RESOLUTION OF INTENTION_TO RENAME COUNTY HIGHWAYS, CONTINUED Supervisor McKillop suggested that the hearing on the intention to rename certain county highways be continued to January 11, 1972 at 1:30 pom. Hearing continued at this time to January 11, 1972 at 1:30 p.m. 71-2324 PUBLIC HEARING {CONTINUED) MRS, RUBY FALCON: PROPOSED REZONING FROM "A-2 LIMITEp" TO "R-1" (CINGLE FAMILY RESIDENTIAL) DISTRICT, PROPERTIES FRONTING ON LITTLE GRAND CANYON DRIVE ETC. WEST OF SKYWAY PARADISE -The public hearing on the Mrse Ruby Fallon, et al, proposed rezoning from "A-2 limited" to "R-1" (single-family residential) district for the area generally described as all those properties fronting on Little Grand Canyon Arive, Jewell Road, Iris Lane, Horseshoe Hill Drive, Friendly Way, and that part of Honey Run Road located 2750 ft, west of the Skyway to 650 ft. west of Skyway, Paradise was held as advertised and continued from the scheduled hearing of December 14, 1971. Jim Lawson, Planning Director, summarized the back ground of this matter and the actions of the Planning Commission. The Planning Commission unanimously voted for approval of this rezoning. Hearing opened to the public. Appearing in favor of the rezoning: Mrs. Ruby Fallon. She stated that she spoke for 60% of the people in the area, (2) Mrso James Best. Appearing in opposition: 1. Mr, William Rapp, 525 Horseshoe Hill Drive, paradise. Page 276, December 21, 1971 December 21, 1971 2. Mrs Emil Hembre, Paradiseo He was told that his property had been excludedo 3o Mr, Jack Darting, He was told that his property was excluded. Hearing closed to the public at this time and confined to the Board. 71-2325 ORDINANCE N0, 1221 AMENDING COUNTY ORD. N0, 925, CONSOLIDATING "R-1" ~$INGLE FAMILY RESIDENTIAL) DISTRICT, PARADISE (MRS. RUBY FALCON) ON motion o£ Supervisor Maxon, seconded by Supervisor McKillop and carried, Ordinance No. 1221 amending County Ordinance No, 925, consolidating "R-1" (single-family residential) districts was adopted for the area generally described as all those properties fronting on Little Grand Canyon Drive, Jewell Road, Iris Lane, Horseshoe Hill Drive, Friendly Way, and that part of Honey Run Road located 2750 ft, west of theSkyway to 650 ft. west of Skyway, Paradise and theChairman was authorized to sign. 71-2326 CONTINUED HEARING: APPEAL ON PLANNING COM[~SSION`S DENIAL OF BUTTE COUNTY PLANNING C~3MM,ISSION' S ~iITIATED :??EZ03~11~Z3G SOUTH OF CHICO 0 ~ The hearing on the appeal on Planning Commission's denial of Planning ~j ~' Commission s initiated rezoning for area. south of Chico for property in thq Butte Creek Estates Sub Unit Na. 1, from Ail (general) to "R-1" (single- family residential) district and from "A-2" {general) to "R-2" (duplex residential) district for lots within the Butte Creek Estates Sub Unit No. 1, south of Chico, was held as continued, Jim Lawson, Planning Director, explained the request. He stated that it would be necessary to re-advertise if another classification of zoning was approved for this area. He explained the actions that would be necessary in this matter. Tf this rezoning was denied at this time, then the residents could come in with a new proposal. Appearing to discuss the rezoning: 1. Mr. AL Wickland, Fairway Drive, He said that as chairman of Butte Creek ADHOC Committee he would like to request that those present at this hearing who are interested in approval of the rezoning to stand and be recognizedo These people are here today to urge this Board to consider this rezoning request. They favo ~ ~ the adoption of this initiative. He said they propose to provide the investors a ~J 3~ means to split the lots and enable them to secure their investment returno He read a prepared statement concerning this matter, He presented ballots and credit$als concerning the election held in the area. He had 58 ballots, representing 57% of thn property owners, He also presented a letter to the clerk setting out how the 1o~s in question could be split. A telegram was attached to the.~etter. He said these residents urgently request that this Board rule in favor of this rezoningq 2. Mr. Bi11 Pepperd, Butte Creek Estates. He said he built the first home in this development. He presented his reasons for, favoring this rezoning. 3. Lee Colby, one of the Directors of the Butte Creek Estates. He favored the rezoning with the fallowing exception: Lots 106 & 107 should be zoned C-1. Appearing in opposition: 1. Mro Bob McGowan, Park Vista Drive, Chico. He is the vice-president of the corporationo He said he had just found out that the Estates had a new Architectural Committee. He set out the background of the areas They had hired a public relation man to put together the golf course and a subdivision. He said they had made one glaring mistake; they should have requested the County to zone the area. He said his group opposes the rezoning because: (1) the lots set out for commercial; (2) against it because the undeveloped land is not ready to be developed; and (3) they have proposals to present to the Board when the Planning Commission and the Board of Supervisors either approve nr deny the request before them at this-time. He said when the deck has bean cleared, then they will. present a new rezoning request. Page 277. 2. December 21, 1971 R==F====W =====December2l~ 1971-====----------- 2. Mr. William C. Davis. He feels that the proposed development would detract from the value of his property. 3. Mro Tom Whipple, Chico. He is a member of the Board of DireFtors of the Butte Greek Estates, He said they have made every effort to come to an agreement with the AD HOC Committee. He requested theBoard to uphold the Planning Commission's decision by denying this appeal. fir. David Fuller, attorney at law, and attorney for Butte Creek Eptatesa He said the same arguments presented today were presented at the Planning Commission hearings. He feels that an alternate proposal should be presented, He feels that it would be improper to zone this areaR-l. They requested that the Board concur with the Planniug Commission and deny the groposal and proceed with a r}ew plan for the area. 5. Mr. A. W. Bramwell, Chico. He said he was one of the original. ~.nvestors in this area. He requested that the Board deny this request and give this development the protec*_ion it needs. He presented a copy of his wrixten statement to the Board. 6. Mr. Joe Lanstberger. He read a letter to the Board so that the Board would know his position in this matter, He requested that the Board terminate the interim zoning and allow the property to revert to the use as set forth on the lot restrictions. 7. Mr. Richard Vermillon, He voiced his opposition to the rezoning. 8. Louis Gamenzind, Chico. He is a member of the Butte Gounty Planning Commiss~.on. He voted to deny the rezoning request. 9. Charles R, Purdy, Ramada Way, Chico. Rebuttal allowed at this time. 1. Mr. Bab McGowan. 2. Mr. Irving Dowdy. He explained the notice of the restrictions on the lots. The second buyer of a lot does not receive notice of the restriction~q The preliminary title report set out that there were covenants and restrictions on the dot but they were not set out. 3. Charles Purcy, Hearing closed at this timed Jim Lawson, Planning Director, explained the sitµation. If the lots were to be split, it would require a new subdivision map to be filed. Time spent discussing the rezoning of this area, Supervisor Madigan explained his feeling regarding this rezoning, Supervisor McKillop said he has eeveral reservations. One is concerning the property on the highway; he eels that this would never develop to a R-2 area, He also had questions concerning ~ he splitting of the lots. Mr McCabe explained the problem of the deed restrictions. Jim Griffen, deputy county counsel, explained that the zoning would enforce any deed restriction. ~ Lots that could be split into parcels ~~(~ set ou n x usse t was stated that if any change were to be made in this ~A~''~ zoning before the Board today, it would have to be referred back to the Planning ommission. „p~~r~ Tt was suggested to refer this back to the Planning Commission with ~U{~ the request that they study the following: Page 278, December 21, 1971 ~4R__~~W__~_ J~_December_21,_1971___ J~_~_~~Gp 1. Lots 107 and 106 to stay as commercial 2a Lots that are described as Lots 20 through. 24 and 55 through 57 to be subject to R-2 zoning; this R-2 would include Unit 1 and exclude the other land within the Butte Creek Estates until development would come about That the splitting of lots 20 and 21 would be subject to the filing of a map. Mr. Lawson said that regarding lots 106 and 107, if he is going to take this recommendation back to have the Planning Commission consider it, maybe it should be recommended that lots 106 and 167 be deleted and have them remain as originally zoned (A-2). This would be appropriate and it would not have to be re-advertised. The Board could recommend that they be commercial as A-2 zoning allows the commercial and multiple family development. He said the Board could approve this deletion of these two lots and there would not be a problem, Matter sent back to the Planning Commission £or their study and recommendations considering the suggestions set out at this hearing. RECESS: 12:45 RECONVENED: 1:45 71-2327 PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION INITIATED PROPOSED REZONING FROM "A-2" (GENERAL), "A-R" (AGRICULTURAL-RESIDENTIAL), "RT-1" (MINIMUM DENSITY RESIDI• DENTIAL TRAILER), AND "PA-C" (PLANNED AREA CLUSTER) DISTRICTS WEST CHICO STUDY AREA The public hearing was held as continued on the Butte County Planning Commission initiated proposed rezoning from "A-2" general), "A-R" (agricultural- residential), "RT-1" (minimum density residential-trailer) and "PA-C" (planned area-cluster) districts, to "S-1" (minimum density suburban residential), "S-2" (medium density suburban residential) and "A-3" (agricultural) districts, for that property described as the West Chico Study Area. Mr, Lawson summarized the actions that have already been taken in this matter. Uses of the property discussed, The orchard use property have requested to be deleted from the rezoning and others have also bay. requesting to be deleted. Vistec development and Schultz properties have been requesting to be deleted. Proposed rezoning discussed. Hearing reopened at this time, Appearing to discuss the proposed rezoning: 1. Mr. Wayne Widdell, architect, representing the Vistec Corporation. He said the plans for this development have been submitted to Public Works Departments He said they have some serious questions about zoning an area as large as proposed. He said they have a petition to establish a County Service Area all typed up and it is ready to be filed. Supervisor McKillop said he would like to hear from some of the proponents of this rezoning. Appearing: 1. ,john Stutz. He set out the background of this matter, He showed a map prepared by Mr. Walsh. He said there were people who wanted to attend this meeting today but were unable to attend due to various reasons. 2e Dr. Schultz. He requested that his property be deleted, 3. Louis Camenzind. He said he would like the time to study this matter, Supervisor McKillop said the property from River Road down have requested to be deleted and to be zoned A-3. Anything that the Board would do will have to be sent back to the Planning Commission, it was stated. Time spent discussing the area south of River Road. It was felt that there should be some definite boundaries on the property that should be agricultural. Chairman Reynolds suggested that Mx. Lawson go back to the Planning Commission and present some of the Board's thoughts and have them Page 279. December 21, 1971 December_21,_1971 work from there. Matter referred back to the Planning Commission at this time for their study of the Board's feelings in this matter. 71-2328 PUBLIC HEARING: RALPH MILLER & GIRARD HEUSTIC: PROPOSED REZONING FROM "A-R" AGRICULTURAL-RESIDENTIAL) TO "MPH" (MOBILE HOME PARK) DISTRICT_,_PARADISE The public hearing on the Ralph Miller and Girard Heustis proposed rezoning from "A-R" (agricultural-residential) to "MPH" (mobile home park) district, for a 36 acre parcel located at the southwest corner of Neal Road and Chapparral Drive, identified as AP 55-07-17 and AP 55-08-08 and 16, Paradise, was held as advertised. Jim Lawson, Planning Director, summarized the actions of the Planning Commission in this matter. Planning Commission recommended approval of this rezoning. Nearing opened to the public, Appearing in favor: 1. Mra Walter Cook, Ridge Realty in Paradiseo He stated that the applicapts were unable to be present; they have been fogged ino He explai~}ed the request. Appearing in opposition: 1. Mrs, Eunice Teaque, Chapparal Drive, Paradise. Her property borders this property. She explained her opposition. 2. Mr. Jack Fagan, Neal Road. 3. Mrs. Myrtle Fagan< Hearing closed and confined to the Board. Supervisor McKillop stated that the property just above this had been zoned for trailers and it has never been developed, He said he feels that at this time the area is principally A-R and should be left zoned as anA-R district. Supervisor Maxon said he would recommend approval of this rezoning. Supervisor Madigan felt it should be left as an A-R district. Chairman Reynolds said he would have to concur with Supervisors McKillop and Madigan. On motion of Supervisor Reynolds, seconded by Supervisor McKillop and carried the request fox rezoning from "A-R" (agricultural-residential) to "Mlle" (mobile home park) district, for a 36 acre parcel located at the southwest corner of Neal. Road and Chapparral Drive, identified as AP 55-07 17 and AP 55-08-08 and 16, Paradise, was denied, leav~.~s~'the,area zoned as an "A-R=` District and not concurring with the Planning Commission in this matter. AYES: Supervisors Madigan, McK~.llop and Chairman Reynolds NOES: Supervisor Maxon 71-2329 PUBLIC HEARING: JACOB 5, KORMAN, APPEALING PLANNING COMMISSION'S DENIAL OF A USE PERMIT APPLICATION The public hearing on the appeal of Jacob 5, Korman concerning the denial of the Planning Commission for a use permit to construct a duplex on property zoned "A-R" (agricultural-residential), located on the east side of Drendel Circle, 200 ft, north of Stearns Road, identified as AP 54-26-27, Paradise, was held as advertised, Discussed a letter that was to have been written by the applicant but that has not been received, which would have been a request to withdraw this appeal. Hearing opened to the public at this time. Petition filed in opposition. Appearing in opposition of the use permit: Mxs. Juanita Edgecomb. She stated she opposed this use and that-the Planning Commission's decision should be upheld. No one appeared in favor of the application. Page 280. December 21, 1971 ~ - _ - - _ _ - _ - ' _ = December 21,_1971 _ _ _ _ _ _ _ _ _ _ _ _ _ _ Hearing closed at this time. On motion of Supervisor McKillop, seconded by Supervisor Reynolds and carried, the Board upheld the Planning Commission's decision and denied the use permit application to construct a duplex on property zoned "A-R'? (agricultura l residential), located .on the east side of Drendel Circle, 200 ft. north of Stearns Road, identified as AP 5(+-26-27, Paradise, as requested by Jacob S. Korman. 71-2330 PUBLIC HEARING: TIME OIL COMPANY: APPEALING PLANNING COMMISSION'S DENIAL Ok` A USE PERMIT TO ADD A SELF-SERVICE GASOLINE DISPENSING PUMP ISLAND, ET AL ON NORTH SIDE OF SKYWAY, PARADISE 'Ihe public hearing on the Time 9i1 Company appeal of Planning Commission`s denial of a use permit to add a self-service gasoline dispensing pump island (six pumps) and remote control panel to an existing residentce on property zoned "C-2" (general commercial), located on the north side of Skyway, 350 ft. west of Schmale Lane, identified as AP 51-22-20, Paradise, was held as advertised, Jim Lawson, PlanningDirector, summarized the actions of the Planning Commission in this matters Planning Commission had denied the use permit application9 Hearing opened to the public at this time. Appearing in favor: 1. Mr. W, C. Massaee,marketing director for Tims Oil Company. He &ummari,zed the request £ox the use permit. They feel that there is a need for this type station in the Paradise area. Appearing in opposition: 1. Mrs. Marion Block, Skyway, She stated she owned the property next tq the proposed site. She feels that the application should be denied, 2, Mrso Cecslia Bowan, Schmale Lane. Appearing in favor: 1. Mr. Thatcher. He owns the property in question. Hearing closed to the public and confined to the Board at this time, Use of the property discussed. It was the feeling of theBoard that they would have to go along with the Planning Commission and deny the use per , On motion of Supervisor Madigan, seconded by Supervisor McKillop and carried, the Board concurred with the Planning Commission and denied the use permit to add a sell-service gasoline dispensing Bump island (six pumps) and xemote control panel to an existing residence on property zoned "C-2" (general commercial), located on the north side of Skyway, 350 ft. west of Schmale Lane, identified as AP 51-22-20, Paradise, RECESS; 3:30 REGONVENED: 3:37 71-2331 PUBLIC HEARING: AB~PTION OP PROPOSED RULES AND REGULATIONi , AIR POLLUTION CONTROL DISTRICT The public hearing on the adoption of proposed rules and regulations for the Air Pollution Control District was held as advertised. Don Black, Air Pollution Control Officer, presented drafts of the proposed revisions. He said these additions are part of the entire basin implementation plan. He said the revisions are planned to do two things: (1) establish procedures. for the hearing Board and (2) establish a permit system. Neil McCabe, assistant county counsel, explained the proposed rules. He said they were taken from the Basin Wide Plan. He said the State had set the quality air standards. Page 281. December 21, 1971 December 212 1971_ _ Chairman Reynolds question Mr. Black about land clearance and burning on public right-of-ways. Mr. McCabe said the Health & Safety Code contains provisions that allows burning by public entities for right of way clearing. There is a provision in these present rules that states that no person shall use open fires for the disposal of wood waste after December 1971, The prohibition against open burning would not relate to the burning, S c ~. r~-p,,YO~~.r of M;.,~f~s,Jah,v,~~y~a~y ~'ime spent discussing the proposed rules and regulations, It was suggested that Supervisor Gilman secure support of the action taken by the Basin Wide Counsel concerning burning by private enterprise, piscussed whether action should be taken at this timed Mr. Black suggested that the Board delay action until after the first of the year when Supervisor Gilman would be present, ~Tearin~ continued to January 4th 1.972 at 1.30 p ma Mr. Black said that the hearing Board was going to hear many things for a period of time. He said that maybe there should be some consideration given to the establishing of a compensation for these people sitting on these hearings, County Counsel, Don Black and Supervisor Gilman will meet prior to the January 4th meeting and discuss this matter. A clerk of the hearing board should be designated so that the people will kttow who they can file with. Discussed; no action taken at this time. 71-2332 CONCUR WITH REQUEST FOR AUTHORIZATION TO APPLY FORA GRANT FORA FEASIBILITY STUD ON UTILIZATION OF RICE STRAW AND WOOD WASTE IN THE MANUFACTURING OF P:9RTICLE BOARD Bob Nicholson, Economic Development Director, gave the background on the request for authorization to apply for a grant for a feasibility study on the utilization of rice straw and wood waste in the manufacturing.of particle board. He explained the situation. A study had been made on the matter. The same firm that made the initial study has been asked to present a proposal to make a feasibility study. He explained what the study would be. The rice people agree that a great deal of study will be needed. He said they should go about this study in two phases. Mro Nicholson requested permission to go ahead with the proposals and the application for a grant. Request discussed. On motion of Supervisor Madigan, seconded by Supervisor Reynolds and carried, the Board concurred with the request of Mr. Nicholson for authorization to apply for a grant for a feasibility study on the utilization of rice straw and wood waste in the manufacturing of particle board, as outlined by Mr. Nicholson, AY55: Supervisors Madigan, McKillop and Chairman Reynolds NOES: Supervisor Maxon. 71^2333 PRESENTATION BY DR. MAGUIRE OF PLAN FOR CONTRACTING FOR MENTAL ~~$~, p V HEALTH INPATIENT SERVICES Dr. Maguire, Director of Mental Health, presented a written statement concerning the plan fox contracting for mental health inpatient services, The Chico Community Hospital would provide these services, Costs set out. The County Hospital has two rates; The extended care rate is about $55,00 per day and $80 per day for the acute care patients. The Chico Hospital would charge $100 per day for the acute care patiento Supervisor McKillop stated that this was going to cost someone $20.00 mare per day. Time spent discussing the request for approval of the plan, Supervisor McKillop said that if this was going to raise the budget 20%, then the Board would have to look at this pretty closely. Mr. Nickelson said .he would fit down with Dr. Maguire and make a comparison of costs in this matter. IIe said they would come up with some figures and will bring the matter back to the Board for their decision. Matter placed back on the agenda for Tugsday, 3anuary 4, 1972. Page 282. December 21, 1971. December 2ls 1971 71,2334 APPEARANCE OF WELFARE DIRECTOR: DETAILED QUESTIONNAIRES BEING USED BY DEPT. Ed Robinson, the Welfare Director, appeared to discuss the detailed questionnaires being used by his department. He reminded the Board that a1Z this year there has been a great drive for Welfare reform. Everything in the possession of the recipients has to be evaluated. It is part of the law as prepared by the Legislature, The Welfare Department has to put this matter into effect. They have managed to reduce the 18 page questionnaire to 8 pages, The Department has no choice but to conform. The questionnaires }nave been mailed out to all the recipients, Supervisor Maxon said he feels that this is the most asinine thing that he has ever seen. Mr. Robinson said they were legally complying without going into the households. The recipients have been asked to fill out the forms and mail them back to the Welfare Department. He said the State's model was more detailed. The Butte County Welfare Department is merely trying to keep Butte County in conformity. Senate Bill 796 is the law that put this into effect. and Time spent discussing the questionnaire/the purpose of the matter. Chairman Reynolds questa.oned Mr. Robinson concerning the matter of responsibility of parents relatives, He asked what the responsibility of the law 6aiould be. Mr. Robinson explained that if the wife is working, she could be held responsible for her parents, Mr. Robinson explained how this matter would be interpreted. Board members requested that Mr. Robinson set out the interpretation of this law, Mr. Robinson said he would prepare a written report on the responsible relative law and explain why the form was being sent out and the law that governs these matters. 71-2335 AU'~10!?IZF PUBLIC WORKS TO ISSUE PURCHASE ORDER QUOTATIO;~S FOR HOSPITAL, EIECTRICAI, WORK / ~ ~ /c.L Clay Castleberry, Director of Public Works, reported on the hospital electrical works He requested authorization to issue purchase order quotations for items 6,7, 8 and 9, at an estimate of $4,000 or under. He also requested authorization to call for purchase order quotations for items 11, 12, 13, for khe classroom electrical remodeling (a separate building). Mro Castleberry said the Board should direct that the old maintenance and paint shop (items 15 through 20) be abandoned within 90 days or the electrical system be disconnected and building be used as dead storage only, Bequest discussed. On motion of Supervisor McKillop, seconded by Supervisor Maxon and carried, the Board concurred with the request of Public Works and granted authorization for Public Works and the Purchasing Department to issue purchase order quotations for items 6, 7, 8 and 9 for the hospital electrical work-estima$e_$~ X4,000 or vader;purchase order quotations for items 11, 12 and 13, for the classroom electrical remodeling (a separate building)at an estim~-ted price of $2,000 or under and directed that the old maintenance and paint shop (Items 15 through 20) be abandoned within 90 days or the electrical system be disconnected and building be used as dead storage onlyo 71-2336 CONTINUED DISCUSSION - EAST AVENUE AREA REZONING: CONTPidUED TO JAN. 11. 2:30 P.M. Jim Lawson, Director of Planning, explained the amendment to the East Avenue Area rezoning proposal. Amendment discussed. Supervisor Madigan stated he had discussed this matter with Mr, Stiles; he 81sn d~acussed the drainage matter and buffer area with Gxayson Price, attorney for Mr. Stiles. I~r. Lawson will research the matter and`wi11 report back to the Hoard, Hearing continued to January 11, 1972 at 2:30 p.m. ADJOURNMENT: There being nothing further before the Board at this time the t' was adjourned at 5:15 p.m. to reconven ATTEST: CLARK A. NELSON, COUNTY CLERK BY: hoard of upervisors Clerk g e on Tuesday, January 4, 1972 a 9:OOna.m. / ~ 77 Chairman of t Board Page 283. December 21, x.971