HomeMy WebLinkAboutM010472Januar.~ 4, 1972
STATE OF CA't IFORNP_A )
SS°
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a,m° pursuant to adjournment.
Present: Supexvisors Gilman, Madigan, Maxon, McKillop and Chairman Reynolds.
Clif Nickelson, Administrative Officer, Daniel Blackstock, County Counsel,
and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk.
INVOCATIOi~: Rev, J° J° Hancock, United Methodist Church, Gridley.
Pledge of allegiance to the Flag of the United States of America
73-1 RE-ORGANIZATION OF THE BOARD
Chairman Reynolds called the meeting to ordex for the purpose of
re-organizing the Board, The Chairman declared nominations in order for
Chairman for the ensuing year, Supervisor Maxon nominated Supervisor Gilman.
Th<<; moL'ioii;,~as seconded by Supervisor Madigan. Chairman Reynolds asked if
there were any further nominations. There being no further nominations, it
was roved ,' Supervisor PicILillop that the nominations be closed; motion
unanimously carried. Clerk called the roll on the original motion. Vote
unanimous; Supervisox Gilman abstained from voting. The Clerk was then
instructed to cast a unanimous ballot -tor Supervisor Gilman as chaixman for
the ensuing year. Supervisor Reynolds presented the gavel to the new
Chairman and turned the chairmanship ovex to him at this time.
72-2 APPRDVAL OF MINUTES
On motion of Supervisor McKillop, seconded by Supervisor Reynolds
and unanimously carried, the minutes of December 21, 1971 were approved as
mailed with the amendment to add to page 278, the last full paragraph, after
the word "restriction" on the ninth line of that paragraph: "only coincidentally
and that zoning and deed restrictions are independent." and on page 282, first
paragraph, last sentence should be expanded to state that the burning does not
relate to open burning for the clearing of public rights of way.
72-3 COMMUNICATIONS
Brian W° Freeman. Mr° Freeman submits his resignation as acting executive
director of the Butte County Economic Opportunity Council, Inc, effective
January 14, 1972. Read and discussed. It was stated that the responsibility
of this office should be given to the Administrative Officer temporarily.
3 ~ 3 Supervisor Reynolds felt that County Counsel should be called upon to
review this matter. Dan Blactcstock, County Counsel, said he would
study the matter and will report back to the Board ne;a week.
Supervisor Madigan stated he had talked to Mr° Rackerby yesterday about
the interviews for the applicants for this office. It was suggested
that the interviews for the position of Executive Director be held
next Monday evening and that the Board could make a decision next Tuesday,
See motion following communications.
W, H° Juanita F. Rogers, Paradise. The Rogers voice abjection to granting of
/ Q Q a petition to Mrs° Ewald to establish a ceramic shop on Clark Road in
/ / ~' paradise, Referred to Planning Commission.
Joe and Med Brandenburg, Paradise, The Brandenburgs also voice opposition to the
l / 3 ~ C1 petition by Mrs, Ewald to establish a ceramic shop on Clark Road in
' Paradise Referred to Planning Commission.
MTS~ Duane Lo Milbradt, Gridleyo Ilrso Milbradt urges the numbering of rural
mail routes in order to facilitate the finding of people by address,
~a2 a• ~ ~ Letter discussed, Clay Castleberry, Director of Public Worhs, stated he
has men working on this matter, Letter referred to Public Workso
Jacob S, Korman, Paradise, Mr. Korman thanks the Board for the granting of an
appeal for use permit to construct a duplex on Drendel Circle but
~J,d states that he wishes to withdraw his appeal. Letter discussed; no
action at this time; appeal had been denied at the time of the hearing,
~a (~~ Creasey Enterprises, Fair Oaks° Mr° Creasey writes to offer his services in
b regard to the wood cutting project, Referred to Administrative Officer.
Page 284° January 4, 1972.
__
t
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .Ianuar~ 4 , =1472 = - - - - - _ _ _ _ _ _ _ _ _ _
Durham Mosquito Abatement District. The District sends copy of its letter
to Supervisor Gilman notifying him that the terms of three trustees
expire on December 31, 1971 and suggesting that the same three members,
Mrs. Marolyn Weibel, David Kidd and Bill L, Phillips be reappointed
for the statutory two year term beginning January 1, 1972, See
motion following communications.
Mr. Noel Highfill, Chico. Mr. Highfill sends letter requesting public
disclosure of Mr. Mickelson's financial condition. Letter discussed.
Supervisor McKillop stated that the Board members have nothing to
do with this. Supervisor Madigan said he looked at the file in the
l ~ ~` Assessor's Office andne is statisfied with the figures, Mr. Mickelson
stated he had sent a memo to the Board memberso He said he would review
his personal financial situation with anypi~ that wishes to discuss it
in his office.
Jerome D, Peters, Jr „ Chico, Mr, Peters requests that the appeal on the
use permit for mobile home park on north side of Sacramento Avenue
3 . ~ ~ east of Glenwood in Chico be withdrawn. Letter discussed and referred
to Planning Commission.
County of E1 Dorado. The County forwards copy of its Resolution No. 608-71 im
i support of the Watson Initiative which limits property taxation to
/ ~ ~ (5S 1.75% of market value per year. Resolution discussed, It was stated
that CSAC is holding a holding a meeting Eo discuss this matter,
County Supervisors Association. The Association forwards material in regard to the
~ State Forest Practive Act. Letter discussed, A letter from Z'Berg is
~ d' ~ s listed later in the communications. Matter to be discussed later.
California Council on Intergovernmental Relations, Aick Laursen of CTR writes
regarding the new application for "701" grant and states that it has
l l 3 ~ (~ been approved for funding at $b,000 level rather than the $10,000
which he had earlier suggested because of a cutback in HUD funding.
Discussed; referred to Planning Departments
State Director of Public Workso The Department sends telegram notifying the
County that on December 27, 1971 they accepted contract 03-102114, Butte
T T Z.~ C7 County FAS Project 5-1523 and the County will maintain its portion of
~~0
~~4!
ivy
thzs a.mprovement from that dated Clay Castleberry, Director of Public
Works, stated that the contract work has already been accepted. No
action necessary.
State Division of Highways. W, Lo Warren, district engineer, writes to inform
the Board that he is being transferred from the post of District Engineer
6 ~ for District 3 and expresses his gratification for the support and
cooperation he has always received, Mr. Sam Helwer will succeed him
in Marysville. Letter read and discussed, Suggested that Mr. Castleberry
write Mr. Warren a letter expressing the Board's sorrow that he is leaving
and wishing him well in his new job, See motion following communications
State Division of Highways. The Division forwards resolution of relinquishment
C~ ~ of highway right of way in the County of Butte, on Route 32 bettreen
Tenmile House and Forest Ranch. Discussed; no action necessar~~.
State Controller. The Accounting Division sends copy of its letter to the
L d County Auditor notifying of the deduction of $3,500 from the Highway
iIsers Tax apportionment as authorized by the Board of Supervisors
on October 26, 1971. Information onlyo
California Regional Water Quality Control Board. The Board writes regarding
federal and state grants for waste treatment projer.~s in unsewered
areas which -night be available to Butte County and mentions in particular
the Paradise Ridge Area, Lime Saddle Area, Durham and Palermo. Letter
read by clerk. Supervisor Mc~illop requested that copies of this letter
be sent to the public utilities agencies in the county, such as Oroville-
Wyandotte Irrigation District, and to the ineorperated cities in the
Page 285. January 4, 1972
__ _.._______=~=_=Januaxy_4s1922_______________
Countyo Letter to sent to CBAG for discussion,
State Department of Fish and Game, The Department writes regarding AB 2408
which gives them controls over the taking of birds and mammals heretofore
not included in the Commission's hunting regulations. The Department
recommendations regarding night hunting will be submitted ~t the
.y ~,d ~ January meeting in Santa Barbara and they request suggestions as to
which areas in Butte County should remain open to night hunting. Letter
discussed. It was felt that the letter should be referred to the Butte
County Fish and Game Commission. Response is requested by the 18th
of January, 1972, It was requested that the local dish and Game Coimnission
be asked to report back to the Board and have the matter discussed at
the Board of Supervisor's meeting to be Yield January 11th.
State Aepartment of Health Care Services. Dr, Earl Wo Brian, director,
replies to the Chairman's letter of September 20, 1971 regarding Butte
County's share of cost under the Medi-Cal Reform Program (AB 949}.
Fetter discussed, Supervisor Maxon said he would suggested and he would
~ ~ be willing to further discuss this with the State and see if some
f ` pressure could be put on the state for a solution of this matter.
kIe said that maybe there would be a possibility that the State would
re-consider the apportionment of these funds. It was also suggested
that maybe this County could initiate legislation in this matter.
The real problem is in the distribution of the funds, Supervisor Maxon
said he would attempt to set up a meeting in this matter and will report
back to the Board. Supervisor McKillop requested that paragraph 4 of the
letter be explained. Ev Bosworth, assistant Administrative Officer,
explained this matter. Supervisor Maxon will arrange a meeting witY1
the State; the County Auditor and the Administrative Officer will attend ,
the meeting if it is arrangede
Public Utilities Commission. The Commission sends application of Golden
Pacific Airlines, Inc, for providing passenger air service between
Redding/Chico and San Francisco, and between Redding and Eureka.
This will be discussed at the CSAC meeting. Letter referred to
Administrative Officer for next City-County meeting.
Assembly Committee on Natural Resources and Conservation. Edwin L. Z'Berg,
~ ~ 4 Z -~ Chairman, writes regarding the State Forest Practice Acto All Board
members have a copy of this letters No action necessary.
Office of Economic Opportunity, Thomas H. Mercer, regional directoro
Mr. Mercer writes regarding the $50,000 advance approved for the
Z~., ~ ~ wood cutting pro~jecta Mr. Nickelson commented on this letter, He
stated that the special conditions that were imposed by the San
Francisco office of E.O.CD need a responseo He said he had prepared
a suggested response for the Board to give them a starting point. He
said that maybe this response could be reviewed by the Board members
and that action could be taken next week. Matter put over to Tuesday,
January 11th, 1972.
Glenn County Board of Supervisor'o Notice of Sale, personal property concerning
~ U ~ 3 ~ the Ord Ferry. Also notice that the dedication of the new Ord Bridge
had been set for ,h~uary 5, 1972 at 11:00 a.mo
ry S. Kimmons. She expresses her views in connection with the proposed
e~~~•C1 ~ adoption of a land division ordinance.
D. C, Swinney, County Treasurer and Tax Collector. Report on the Hospital
f ~ ~„ ~ ~ Account, Fund 90,
72^4 ACCEPT RESIGNATION OF BRIAN W. FREEMAN, ACTING EXECUTIVE DIRECTOR OF
BUTTE COUNTY ECONOMIC OPPORTUNITY COUNCIL, ING.
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, the resignation of Brian W, Freeman, acting executive
director of Bufte County Economic Opportunity Council, Inc,, was accepted,-
Page 286,
January 4, 1972
_____=_===Tm=_January_4~ 1972________________
effective January 14, 1972, with the request that a letter of appreciation
be sent to Mr. Freeman thanking him for his many services to the County,
72-5 APPROVE REAPPOINTMENTS TO DURHAM MQSQUITO ABATEMENT DISTRICT
On motion of Supervisor Gilman, seconded by Supervisor Maxon and
unanimously carried, the following were reappointed to the Board of Trustees
of the Durham Mosquito Abatement District, for the statutory two year term,
beginning January 1, 1972:
Bill L, Phillips
Mrs. Marolyn Weibel
David Kidd
72-6 DISCUSSION: ASSE~,Y BILLS 724 & 725
Supervisor Maxon presented Assembly Bills 724 and 725 for discussion,
He stated that these bills had been passed by the State Legislature and have
been signed into law. He said there will be an attempt to repeal the
bills. He said AB 724 would drastically affect property taxes, The bills
would also mandate bussing. Supervisor Maxon said he would like to have
County Counsel follow this up and report back to the Board. County Counsel
should also write to the Superintendent of Schools and determine how he will
handle the provisions of these bills. County Counsel will take a look at
the bills and will report back to the Board. There is no inclusion of funds
to finances the programs. It is mandated that the program has to be carried
out. The bill should also be referred to Tom Evans, Butte County Superintendent
of Schools, for his study and recommendationo It was stated that it would also
be well to call Jack Merelman and get his views on these bills, Matter
to be placed back on the agenda. Mr. Nickelson was requested to contact
Jack Mezelman. No action taken at this time.
STUDENTS FROM LAS PLUMAS HTGH SCHOOL Y7ELCOMED AT THTS TIME.
72-7 AISCUSSION: LEASES FOR COMMUNITY ACTION AGENCY GOVERNING BOARD
Brian Freeman, interim executive director, presented leases for
renewal as follows:
1. Neighborhood Service Center, 2112 Palermo Road, Palermo for
one year at $40 per month.
2. Neighborhood Service Center, 2595 Houston Street, Oroville at
$100 per Month.
3, Head Start Central Office, 1558 Longfellow Avenue, Chico at
$130 per rr~onth.
These leases havq been approved by County Counsel and the Auditor as to
format and legal structure, Leases discussed. It was stated that the
Administering Board has not approved these leases yet and they should be
approved by them, Mr, Nickelson pointed cut the change that Mr. Lawrence
and he had identified yesterday, this is concerning the lease on the
Longfellow Avenue propertyo There is a change in the rate of the lease; the
payment will increase $5000 per month after one year.
These leases to be reviewed by the E,O,C, administering Board and
placed back on the Board's agenda after they have taken action on the leases.
Resignation of Mr. Freeman discussed. He thanked the Board for the
experience that this position has given him. He said the position has given
depth tq his life and should help him in the future, The Board thanked him
for his serviceso
T
Page 287.
January 4, 1972
_______________January=4s 1972===~~~______----_
72-8 ADOPT RESOLUTION 72-1, APPROVE PERMIT FOR CROSSING OF STATE LANDS, ORD BEND BRIDGE
@ SACRAMENTO AVE.
On motion of Supervisor McKillop, seconded by Supervisor Reynolds and
unanimously carried, the permit to cross state-owned land, the Sacramento
River Channel, Boas approved, Resolution 72-1 authorizing the Chairman to sign
the permit was adopted and the Chairman was authorized to sign.
72-9 AUTHORIZE CONSTRUCTION OF LARKIN ROAD BRIDGE APPROACHES
On motion of Supervisor Gilman, seconded by Supervisor McKillop
and unanimously carried, the county crews were authorized to construct the
Larkin Road bridge approaches from existing work order funds.
72-10 ADOPT RESOLUTION 72-2 DECLARING THROUGH HIGHWAYS, ORD FERRY ROAD
On motion of Supervisor Maxon, seconded by Supervisor Gilman and
unanimously carried, Resolution 72-2 declaring through highways, Ord Ferry
Road, was adopted and the Chairman was authorized to sign.
72-11 AUTHORIZE PURCHASE OF EQUIPMENT
On motion of Supervisor McKillop, seconded by Supervisor Maxon and
unanimously carried, authorization to purchase from the State Highway DeparXment
two hydraulic-controlled, reversible truck snow-plows (new cost, $2,000,each)
and one 1965 Ford 2-ton truck and plow for a total not to exceed $1,215 from
existing equipment fund was aggzoved,
72-12 QUESTIONS BY LAS PLUMAS HIGH SCHOOL STUDENTS
Appearing to ask questions of the Board members were:
1. Jeff Phillips, of Las Plumas High Schoolo He asked the Board
the purpose Qf having a Board of Supervisors. This question was answered by
Supervisor Reynolds. He also asked if many people brought their problems to
the Board and how the Board went about solving these problems for the people.
Chairman Gilman thanked the students for attending this meeting and for their
questions.
72-13 APPROVE RIGHT OF WAY ACQUISITIONS, AGREEMENTS FOR SALE & ACCEPTANCE OF DEEDS
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, the Board took the following action:
1. Approved agreements for sale, authorized Chairman to sign and
authorized the Auditor to issue warrant upon demand of County's escrow agent
for the following:
Oeo-Quincy Highway 27561-67-2
Manzanita Avenue 56212-70-1
Lo Po Jones 0.440 ac $1,097
No impr, Total
Ladd Lo Johnson Oo132 ac. $600
No impro Total
$1,097
$ 600
2. Accepted deeds and authorized Chairman to sign certificates of
acceptapce on the following:
Forbestown Road FAS 759(4) Parcel 1 C, Ho Se11
Canyon Drive 27553-68-1 Parcel 15 Benicia Hills Investment Co.
Garland Road (parcel map) AP 56024-14 Don H. Choate
Neal Road (parcel map) AP 55-01-135 Ho Be Kohlbush
Skyway (parcel map) AP 50-06-45 & 46 N. R. Morris
Page 288.
January 4, 1972
__~~~~______~__January4,~1972 _____________
72 14 CONCUR WITH PUBLIC WORKS NOT TO PRINT ANNUAL RECREATION PASSES-LIME SADDLE
Clay Castleberry, Director of Public Works, stated that due to slow sale
of season passes last year, Public Works recommends that Butte County not print
and attempt to sell these passes for 1972. Recommendation discussedo
On motion of Supervisor Reynolds, seconded by Supervisor Maxon and
unanimously carried, the Board concurred with Public Works' recommendation
that Butte County not print and attempt to sell the annual recreation passes
for Lime Saddle for the year 1972.
72-15 REPORT BY PUBLIC WORKS DIRECTOR SIDEWALKS AT LTME SADDLE MARINA
Mr. Castleberry advised the Soard that the State Department of Rehabilitation
had requested that the pouring of the sidewalks at Lime Saddle Marina be postponed
for 48 hours. The sidewalk as now planned is too steep for wheel chairs.
The contractor is attempting to scare up additional money to build the sidewalks
that would meet the criteria set out by the Department of Rehabilitation,
Mr, Castleberry stated he had presented this information to the Board for
their information; no action necessary. He will present a request for
official action at a later date.
72-16 DISCUSSION: CONSULTANT CONTRACT SKYWAY DRAINAGE, MC CAIN & ASSOCIATES CSA 38
Mr. Castleberry explained the consultant contract with McCain & Associates
for Skyway drainage, The contract is not to exceed ,7,000 for design of
drainage facilities on the Skyway, Mr, Castleberry explained the situation,
Contract discussed.
Mrs. James Best, Paradise, set out her feelings about this contract,
When money for the County Service Area ~~38 showed up on her tax bill, she
asked about this assessment. She was told that it would be fir maintenance.
Service area discussedo It was felt that the intent was clear. Mr, Castleberry
said the project would be paid for by those affectedo Supervisor McKillop
felt that no action should be taken at this time; this matter should be looked
at very closely. Mro Castleberry said he would like some determination in this
matter,
No action taken at this time; matter to be placed on the agenda for
Tuesday, January 11, 1972,
RECESS: 10:20
RECONVENED: 10:35
72-17 REPORT REGARDING QUALIFICATIONS FOR POSITION OF JUAGE OF THE GRIDLEY JUSTICE CRT.
AND PROCEDURES FOR FILLING THE POSITION
Neil McCabe, deputy county. counsel, explained the matter of the position
of the Judge of the Gridley Justice Court and the procedures to be taken for
filling the position. Attorneys are eligible; persons who have passed the
qualifying examinations are eligible. He said that an additional requirement
r ~ 3 ~/ is that the applicant must be a resident of the County and the Judicial District
/ involvedo He said the Board has several alternatives. The Board has the option
of filling the position by appointment or special election. The Gridley Justice
Court and the Big~,s Justice Court was recommended to be consolidated by the
Judicial Council, This consolidation has been resisted by the residents.
Mr. McCabe said that any person appointed or elected would only hold office
until successor was appointed or qualified. If the appointment was made right
now, there would still have to be an election in June. Judge King's term was
to terminate ~n December 31, 1976, His successor would fill the unexpired term.
Page 289.
January 4, 1972
_ _ _ _January_4i 1972_ _ _ _ _ _ _ _ _ _
Mr. McCabe stated that the next examination to qualify as a Judge fox
a Justice Court would be held in Auburn January 22nd. There are materials xhat
the Judicial Counsel sends out telling the applicant the material that will be
covered by the examination. The deadline is January 12th to get an application
in.
Supervisor Reynolds said the County Clerk could request that a test
be given in Butte County. It was suggested that there be an examining Board
to interview the qualified persons. One Superior Court Judge would have to
be appointed to this Board; he would be Chairman of the examining Board.
On motion of Supervisor Reynolds, seconded by Supervisor Maxon and '
unanimously carried, the County Clerk was authorized to request material from
the Judicial Council for the qualifying test to fill the Gridley Judicial
Court vacancy, and that people be notified of the time said test would be
given in Butte County.
72-18 DISCUSSION: BUTTE COUNTX SUPERIOR COURTS PROJECT
Gene McFarren, County architect, spoke to the Board regarding inquiries
he has received concerning possibilities of private individuals and organizations
contributing funds, services, materials, etc. for the landscaping of the project,
He said what [aas needed is some sort of machinery for processing these things.
These poeple have to be given some direction.
$upervisor Maxon asked if the County could use unemployed fathers and
county prisoners to do the landscaping at the new court building. Maybe a
plan could be prepared by Chico State College or Butte Community College. It
was stated that if the use of these men were possible, it would have to be
with the approval of the Welfare Department and Public Works Department.
Matter discussed. Mr. McFarren [ai11 work with Public Works and the
Administrative Officer on this matter. Mr. McFarren will put the matter all
together and will bring the matter back to the Boardo No action taken at this
time.
72-19 APPEARANCES: MR. VERN NELSON & CHARLES HANCOCR GRIDLEY JUSTICE COURT JUDGE POSITIO
Mr. Vern Nelson, Rt. 2, Box 2482, Oroville, said he was present for the
purpose of presenting his application for Judge of the Gridley Judicial District.
He read his qualifications; he has been qualified by a test,
/03. ~/
Mr. Charles Hancock, Rto 1, Durham. He said he has taken the examination
to qualify for the position of Judge. He said he would like to apply for the
position of the Gridley Justice Court judge.
72-20 APPEARANCE: MRS, DOROTHY PARADIS, OROVILLE
Mrs, Dorothy Paradis, Oroville, stated that it has been reported in the
news media that the Board would decide which taxes would be impounded. She
asked if this were true, The Board informed her that this was true. She set
out her objects to this practice, She feels that every tax protest filed, should
have their tax money impounded.
Discussed; no action taken.
72-21 APEEARANCE OF COUNTY ASSESSOR: DATA PROCESSING PROGRAM FOR MAPS
Dave Vasco, County Assessor, brought to the Board's attention a program
that h~.s office would like to start. They would put all the meets and
bounds into the computer; this program could print maps better and with
greatex accuracy. Program explained, Mr. Vasco explained how the information
could be obtained. He explained ho~,*agee2~~ogram would work and how the information.
could be obtained from it. He January 4, 1972
January 4, 1972
could be obtained. He said it would take about $27,000 to get the program
fully implemented. He said his department could make the maps for the other
county departments, He said he had the money in his budget that could be used
for the implementation of this program,
Proposed program discussed. Supervisor McKillop felt that this
information should be documented. Costs should be set out and how the
program would be handled. Also, whether this program would be beneficial to
the County. Supervisor Reynolds asked how many Board members had been across
the street to the Data Processing Department to discuss this matter with them.
He feels that this program has a lot of worth. He said that he would want
complete accuracy of the costs for the program.
Mr. Vasco said he would document this program for the Board,
Hank Hindery, Data Processing Director, asked if they could pursue
this matter and document it if there was any interest by the Soard, He said
that if there was no interest by the Board, the program should be dropped,
Mr. Hindery said it would cost the Assessor money to even have the data
processing department go into a feasibility study of the mattero
A proposal or cost analysis will be prepared and presented to the Board.
The Board members could study the proposal and would know the costs that would
be envolved. Mr. Hindery will get all the facts together-and will present them
to the Board, Mr. Vasco said that time ~s of the essence in this matter,
72-22 HEARING: PARADISE PINES COUNTRY CLUB ESTATES, UNITS 1. 2 and 3
Clay Castleberry, Director of Public Works, stated that Robert Brunsell,
attorney for the district, was present but that he was having plane trouble
and would have to leave. This matter would take the standard resolutions that can be e
enacted without Mr. Brunsell being present. Today's hearing is to see if there
are any protestants to the district. Hearing to be opened and held later in this
Board meeting,
72-23 REPORT BY DR, MAGUIRE ON NEGOTIATIONS FOR CONTRACTING FOR MENTAL HEALTH
INPATIENT SERVICES
Dr. Maguire, Director of Mental Health, reported on his negotiations
for contracting for mental health inpatient services. He gave a cost comparison
'~c~d.b ~ breakdown on the matter. The written breakdown was presented to the Board.
Dr. Maguire felt the costs are reasonable. He said this would be done by contract
on a yearly basis with the Chico Memorial Hospital< Mr. Nickelson said he has
discussed this matter with Dr, Maguire. The County Auditor has given the Board
a memo on this matter. The Auditor feels that this would not be to the benefit
of the County,
Supervisor Maxon asked what the hurry was in enacting this program, It
was felt that the County should wait until the Board receives a report on the
situation at the hospitalo Supervisor McKillop said this matter should wait
until have the study about the hospital, Supervisor Reynolds said he would follow
along with Supervisor McKillop's thoughts in this matter,
Dr. Maguire said the decision about mental health care should not be
tied in with the decision concerning the hospital.
Joe Aponte executive Director of Chico Memorial Hospital, explained
why this matter was suggestede
Matter discussed; no action taken at this time.
Page 291,
January 4, 1972
T---------=====January=41 1972= = = = =_____--__
72-24 PUBLIC HEARING SET: PROPOSED REZONING FROM "R-1", PROPERTY LOCATED WEST OF
ACACIA AVENUE, NORTH OF OROVILLE DAM BLVD., AND POSSIBLE AMENDMENT TO SECTION 2,2
OF ORDINANCE N0. 1071, Tim "A-3" DISTRICT REGU7 4TION5
Public hearings were set for Tuesday, January 18, 1972 at 1:30 p.m,
on the following:
J., William He McKenzie - rezoning from "R-1" (single family residential)
to "R-3~` (medium density residential) district, for property located west of
Acacia Avenue, 200 ft. north of Oroville Dam Blvdo East, identified as AP 33-11-38,
Oroville,
2. Possible amendment to Section 2.2 of Ordinance No, 1071, the "A~3"
(agricultural) district regulations, to allow hunting and fishing camps ana gun
clubs subject to securing a use permit in each case.
72-25 DISCUSSION; REPORT ON PLANNING COMMISSION'S ACTION ON BOARD'S REFERRAL
CONCERNING SECO ENTERPRISES INC
Jim Lawson, Planning Director, reported on Planning Commission's
action onBoard's referral concerning Seco Enterprises, Inc,-proposed rezoning
from "A-R" (agricultural-residential) to "PA-C" (planned area-cluster) district
to allow construction of a 188 unit multiple family complex, on property described
as located on the south side of Lower Wyandotte Road, approximately 1/2 mile
east of Wyandotte Avenue, identified as AP 34-35-30, Oroville. Mr, Lawson said
the Planning Commission felt that a PA-R ordinance would be desirable. He
said that a new application would have to be filed by the applicant. Mr. Lawson
recommended that the fee on the first application be refunded or the fee on
the second application be waived.
Dave Vasco, applicant, stated that no other applicant has been turned
down for this type use. He said there is a time factor involved hereo He said
he is willing to go for the PA-R district if it could be handled quickly.
This is a new type ordinance that is being considered; it would be a Planned
Area-Residential District classification, Proposed classification discussed.
Mr, Lawson stated that the Board of Supervisors had recommended that this
area not be made a PA-C district, but to have it made into a PA-R district.
County Counsel said what was suggested was a new classification. The Planning
Commission felt that they would rather keep the PA-C classification intact,
rather than amending it for this applicant. Mr. Lawson said the PA-R zoning
is not before the Board; the PA-C zoning is before the Boardo The fee could
be waived for the next application.
Mr. Blackstock said he was concerned at what the Planning Commission
had recommended. If they have recommended something contrary to what the
Board had request, then the Board should get some clarification. Mr, Lawson
explained the new classification. Mr, Lawson said the Planning Commission is
ready to hold hearings on the matters Mr, Blackstock stated that on any
zoning application that is made, after the hearings, the Planning Commission
could make a recommendation that their should be a different type zoning.
Mr, Blackstock explained how the matter could be handled. Mr. Lawson said it
was now back from the Planning Commission with the recommendation that the
PA-R zoning was acceptable to themo
Mrs. Blake, Oroville, asked why, if this is a different classification,
this matter was not referred back to the Planning Commission for hearings on
this type classification. She feels that new hearings should be scheduled.
Supervisor Reynolds stated that he would like a written opinion from
Page 292.
January 4, 1972
January 4,_1972 _ _ _ _ _ _ _
County Counsel concerning what the legal movements should be on this matterp
What action can this Board take. Supervisor McKillop said he would like to
see theBoard waive the fees for the PA-R zoning and that Mr. Vasco be requested
to submit a new application for this classificaticn of PA-R zoning. The
fee from the first application ould be applied to the new application.
Supervisor McKillop said he would like to sea a written opinion from County
Counsel on this matter, setting out how a new classification could be applied
to this matter. County Counsel stated he would present the written opinion
next week. Matter continued to Tuesday, January 11, 1972.
RECESS: 12:20
RECONVENED: 1:30 p,m,
72-26 DISCUSSION: PROPOSED ORDINANCE AMENDING SECTION 14.A (INTERIM ZONING) OF
ORDINANCE N0. 475, KNOWN AS THE BUTTE COUNTY ZONING ENABLING ORDINANCE
Jim Lawson, Planning Director, presented the matter of a proposed
ordinance amending Section 14aA (Interim Zoning) of Ordinance No. 475,
known as the Butte County zoning enabling ordinance to the Board for discussion.
He stated that there had been a 3& day period in the State Law. The State
law has been changed;it is now 120 days. Under the present law, if permanent
zoning is not initiated within 30 days, the interim zoning is cancelled, The
8°_ate Law has changed this time period to 120 days. Mre Lawson asked the Board
what they wanted to do in this mater,
Supervisor Reynolds said he thought it was the Board's feeling that the
30 day period was not long enough time to give the people an opportunity to do
anything. This does not give them time to hold hearings or explore other avenues
of requirements.
Matter discussed, It was the direction of the Board that the Board would
go along with the State Lawo Following a discussion of the matter, it was the
feeling of the Board that the time period should be set at 90 Days.
No action taken at this time.
72-27 PUBLIC HEARING: C. N. KOENIG: VARIANCE TO MINTMi7M LOT AREA REQUIRED IN AN
"R-1 A&C" DISTRICT, PARADISE
The public hearing on the variance to minimum lot area required in
an "R-}, A&C" District, for a parcel located on southeast corner of Oliver Road
and Sunset Drive, Paradise, as applied by C, N. Koenig, was held as advertised,
Jim Lawson, Planning Director, summarized action of the Planning Commission.
The Planning Commission recommended denial of the variance. He explained the
concern of the Planning Commission in this matter. Recommendation of the
Planni~lg Commission discussed.
Hearing opened to the public,
Appearing in favor of the variance: Mr. C. N. Koenig. He explained
the purpose of the application for the variance.
Appearing in opposition: No one.
Hearing closed and confined to the Board at this time.
Supervisor McKillop said that since the vote of the Planning Con¢nission
was a 6 to 3 vote, he would like to look at the property. Supervisor Madigan
Page 293,
January 4, 1972
___,.--_____=====January4,=1472 _______________
Said he would go along with Supervisor McKillop's suggestion.
Matter continued one week to give the Board members an opportunity to
view the area in question.
72-28 PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION INITIATED: PROPOSED REZONING
FROM "S-H" (SCENIC HIGHWAY) TO "C-1" E.TGHT COMMERCIAL, A-R (AGRICULTURAL-
RESIDENTTAL) AND "A-2" LIMITED DISTRICTS FOR THOSE PROPERTIES ALONG PENTZ-
MAGALIA HIGHWAY WHICH ARE PRESENTLY ZONED "S-H" AND WHICH ARE LOCATED NORTH OF THE
SOUTHERLY PARADISE IRRIGATION DISTRICT BOUNDARY
Thc~iublic hearing on the proposed rezoning from "S-H" (scenic highway)
to "C-1" light commercial, A-R (agricultural-residential) and "A-2" limited
districts for those properties along Pentz-Magalia Highway which are presently
zoned "S-H" and which are located north of the southerly Paradise Irrigation
District boundary, was held as advertised, Jim Lawson summarized the actions
of the Planning Commission in this matter. The vote of the Planning Commission
was unanimous in favor of t:ne rezoning.
Hearing opened to the public, Appearing in favor of the rezoning: No one.
Appearing in opposition to the rezoning: No one, Hearing closed to the public
and confined to the Board,
72-29 ADOPT ORDINANCE N0. 1222 & 1223, ZOZ121dG A PORTION OF THE COUNTY AN "A-R"
{AGRICULTURAL'-RESIDENTIAL) DIS'T'RICT AND zONING A PORTION OF THE COUNTY AN "A-2
LIMITED" DISTRICT, PARADISE
On motion of Supervisor Maxon, seconded by Supervisor McKillop and
unanimously carried, the following ordinances were adopted and the Chairman
was authorized to sign:
No. 1222 an ordinance zoning a portion of the County an "A-R" District
and establishing regulations for the use .tif land and the
construction of buildings
No. 1223 an ordinance zoning a portion of the County an "A-2 Limited"
district, pursuant to Ordinance No. 475, as amended.
72-30 CONTINUATION OF HEARING - PROPOSED ORDINANCE FOR FOUR-WAY LOT SPLITS
Chairman Gilman Set out the background of fhe hearing on the proposed
ordinance for four way lot splits,
!~ ~~, 0 ~ George Chames, Chairman of the Citizens Committee on Subdivisions,
r presented recommendations of the committee for the Board's consideration. Copies
of the recommendations were presented to the Board members. He said the
committee had met Monday night, January 3, 1972, and this was the result of their
deliberations. Mr, Chames set out the recommendations, Article by Article
Article V had been changed in conformance with AB 1301. Time spent discussing
the recommendations of the committee.
Chairman Gilman asked Mro Castleberry for comments on these recommendations.
Mr. Castleberry said this committee had worked hard and that they had presented
better recommendations that he thought they wouldo He said the Public Works
Department could live with these recommendations,
Appearing to discuss the proposed ordinance:
1, Mrs, Velma Smith, Chico, She submitted a minority report. The
report was signed by Everd McCain and Mrs, Smith.
2, Stan Pittman, Oroville. He asked about the minimums of AB l~Olo
Page 294,
January 4, 1972
_ _ -- _ _ _ _ -- _ _ _ _ _ _ _ =January=~+1 1972_ _ _ _ _ _ _ _ _ _ _ _ _ _
He does not think that the State of California is sure about the Bill themselves.
He feels that theCounty should look at the minimal requirements, He said
the costs to survey in some cases would be more than the cost of the land,
He said he was sure that the State did not intent to create that impasse.
He said the County shoulu go real slow and take a look at this map requirement
from the standpoint of the private citizen. Supervisor McKillop said he
was not in any hurry to implement this law until AB 1301 goes into law,
2. Mac Meyers Salem, Chico. He concurred with Mr, Pittman. He a15o
feels that the County should not rush into this matter.
RECESS: 3:00
RECONVENED: 3:10
3. Ed R'alkenstein, Paradise Betterment Association. He stated
that his association had submitted certain improvements that they felt would
help in this matter. He said he feels that the committee has reached towards
a goal but that they have not yet reached the goal.
4. Mr. Howard Johnson, Paradise. He felt the Board should let
AB 1301 go into effect; it will cover everything.
:~
5. Russ Charland, Oroville realtor. He said that AB 1301 was a
conglomeration of 4 bills, It is the lesser of the evils. He said he felt
the committee had done a good job on their recommendationso
b. Mr. Clinton Griffith, speaking for the Sierra Club. They are
in favor of the proposals by the Subdivision Committee.
7. Mrs. James Best, Paradise. She feels that this committee is
a self serving committee. She asked Mr. John Hamby to explain the costs for
preparing the lot split maps that would be required.
8, John Stutz, Chico.
9. Mrs. Phyllis Bruce, Paradise,
10. John Stone, Paradise.
I1. Clint Bennett, Paradise.
12. Mrs. Marjorie Cox, Paradise.
Bearing closed and continued at this time to January 18, 1972,
Supervisor McKillop said the recommendations should be put in writing
by the Planning Commission, the Subdivision Department and Public Works,
setting out the guidelines and suggestions. Mr. Castleberry said he would
make spore specific recommendations and pxepare them in writing. He will
explain drainage problems in the Paradise area.
72-31 CONTINUATION OF HEARING: RULES & REGULATIONS AIR POLLUTION CONTROL DISTRICT
The continuation of the hearing on the rules and regulations for the Air
Pollution Control District was held at this time, Don Black presented copies
of the proposed changes, and copies of Neil McCabe's summary. He said the
summary was taken from the Basin Plan. He ran through the exceptions,
Time spent discussing the proposed rules and regulations. Prohibitions
read and discussed. Deletions set out and explaineda Matter of fees discussed,
Page 295.
January 4, 1972
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .IanuarY 4,=1472 = _ _ _ _ _ _ _ _ _ _ _ _ _ -
Hearing opened to the public at this time. Appearing in opposition:
Nouns. Appearing in favor: No one.
Hearing closed to the public and confined to the Board for discussions
72-32 ADOPT RESOLUTION 72-3 ADOPTING RULES AND_i2EGULATI0N5: AIR POLLUTION CONTROL DISTRI(
On motion of Supervisor Gilman, seconded by Supervisor Madigan and
unanimously carried, Resolution 72-3 adopting revisions and additions to the
rules and regulations of the Butte County Air Pollution Control District was
adopted and the Chairman was authorized to sign.
72-33 PRESENTATION OF PROPOSED AADITaONS TO ASSEMBLY BILL N0. 1fi
Chairman Gilman presented proposed additions to Assembly Bi11 ~k16.
~-~ ~Te explained the proposals in this matter. He said he hoped that the Board
3 Z would get behind this and help get the bill passed. The Board members will
look at the bill and Co:}nty Counsel will prepare a resolution and present it
to the Board for their consideration. Matter discussed; no action taken.
%2-34 HEARING: PARADISE PINES ~OUNTRX CLUB ESTATES, UNITS 1, 2 and 3
Hearing opened on the Paradise Pines Country Club Estates, Units 1, 2 and 3,
Chairman Gilman asked if there were any protestants appearing in this matter:
no one appeared at this time. There wore no written protests filed with the
Clerk. Hearing closed and confined to the Boardo Clay Castleberry explained
the action the Board should take at this time,
72-35 ADOPT RESOLUTIONS 72-4, 5, 6, 7 £~ 8, PARADISE PINES COUNTRY CLUB ESTATES, UNITS
N0. 1,_2 & 3
On motion of Supervisor Maxon, seconded by Supervisor McKillop and
unanimously carried, the following resolutions were adopted regarding Paradise
Pines Country Club Estates, Units No. 1, 2 & 3, and the Chairman was authorized
to sign:
72-4 - Finding and determing that the public conven:~ence and necessity
require the construction of improvements,
72-5 - Directing Engineer of Work to file an amended engineer's report
and an amended estimate of cost to conform with the low bid receivedo
72-6 - and Order approving amended Engineer's report.
72-7 - Authorizing changes in the work to be made by the Director of
Public Works
72-8 -.Authorizing sale of bonds.
These resolutions were adopted subject to approval by County Counsel and Auditoro
RECESS; The Board recessed at 4:55 to go into an Executive Sessiono
RECONVENED: The Board reconvened at 5:10 following an executive session.
72-36 APPROVE INCREASE IN BHC RATES FOR ONE DEPENDENT
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
unanimously carried, increase in BHC rates from $73 to $100 per month effective
January 1, 1972 was approved for a four year old dependent court ward placed
in Contra Costa County.
72-37 APPROVE DANCE LICENSES
On motion of Supervisor Maxon, seconded by Supervisor McKillop and
unanimously carried, the following dance licenses were approved:
to John Baruth.ta be held at Silver Dollar Fair Grounds January 8, 1972.
Page 296,
January 4, 1972
_ __Januaxy_4, 1972_______~____~^
=a..--_=---------- -_---- --
2. Dennis Brown and 3. Clement-dance held at Robinson's Corner December 31, 19i
72-38 SATISFACTION OF MORTGAGE APPROVED
On motion of Supervisor McKillop, seconded by Supervisor Reynolds and
unanimously carried, the Chairman was authorized to sign the Satisfaction of
Mortgage, satisfying that certain mortgage dated the 13th day of March, 1968,
made and executed by Gordon and Geraldine Nielsen, as mortgagor, to the County
of Butte, as mortgagee.
72-39 APPROVE LEAVE OF ABSENCE FOR TWO EMPLOYEES
On motion of Supervisor Reynolds, seconded by Supervisor McKillop and
unanimously carried, the following leaves of absence were approved as follows:
1. A 30-day unpaid medical leave forAlbert Billings, effective
December 22, 1971 to January 2l, 1972.
20 A 30-day unpaid medical leave of absence for Gus Anastasiou,
effective date of leave December 13, 1971 to January 12, 1972,
72-40 AUTHORIZE TRANSFER OF ONE PUBLIC WORKS PICKUP TRUCK TO COUNTY BUILDINGS
On motion of Supervisor McKillop, seconded by Supexvisor Madigan and
unanimously carried, the Board authorized the transfer of one Public Works
pickup to be traded in to County Buildings,
C7
72-41 REPORT ON BIDS FOR AUTOMOTIVE EQUIPMENT
Clif Nickelson, Administrative Officer, reported an bids for automotive
equipment. He said the bid opening was delayed one week; he said a report would
be made next week.
72-42 APPROVE DATA PROCESSING AGREEMENT, LASSEN COUNTY
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
unanimously carried, the data processing agreement with Lassen County to
process their secured tax rolls was approved and the Chairman was authorized to sign.
72-43 TRAVEL RE VESTS APPROVED
On motion of Supervisor Maxon, seconded bySupervisor Madigan and
unanimously earxied, the following travel requests were approved:
la County Auditor to send two employees to San Francisco January 3
and 4 to make arrangements concerning fire wood business. One-night lodging.
Estimated cost of trip - $1000
20 Nina Calarco to attend workshop on supervisory development for
health agencies to be held in Berkeley on January 28 through 30, 1972.
Two-nights lodging. Estimated cost of trip ($109 (to be paid by grant from
State Department of Public Health). Travel by county car.
72-44 BUDGET TRANSFERS APPROVED
On motion of Supervisor Reynolds, seconded by Supervisor Maxon and
unanimously carried, the following budget transfers were approved:
B-14, Juvenile Ha11 - $200 from household expense to office expense
B-16, Treasurer - $8,828.49 from the reserve for contingencies to
the interest-on loan account in the Treasurer's budget and is to cover interest
at x.04% on $1,000,000 tax anticipation notes from September 15, 1971 to December 30,
1971.
B-17, Data P~•ocessing - $500 from salaries and wages regular to overtime
B-18, Local Agency Formation Commission - $200 fxom the reserve for
contingencies to publications and legal notices in the LAFCO budget.
Page 297.
January 4, 1972
=4~====___=====January=4~ 1972==-=----__~__~-~~
72 45 DISCUSSION: APPOINTMENTS TO AREA PLANNING COMMISSION
Appointments to Area Planning Commission discussed. Supexvisor Madigan
was to submit names for these appointments. These appointments to be discussed
at the next City-County meeting, No action taken at this time.
72^A6-COUNTY SUPERVISORS ASSOCIATION COMMITTEE PREFERENCES
Clif Nickelson, Administrative Officer, stated that CSAC requests the Board
to complete the committee preference form and return it no later than January 10,
1972. Supervisor McKillop said he would stay with the Resources committee;
Supervisor Reynolds said he would stay with Cximinal Justice; Supervisor Maxon
said he would stay with Government operations; Supervisor Madigan said he would
stay with Data Processing and land use, Chairman Gilman selected Employee
relations,
Mr. Nickelson will return the completed form to CSACo
ADJOURNMEN's
There being nothing further before the Board at this time, the
meeting was adjourned at 5:30 to reconvene on Tuesday, January 11, 1972 at 9:00 a,m.
ATTEST: CLARK A, NELSON, COUNTY CLERK ~
~ `
By: Chairman of t Board
Board of Supe visors Clerk
Page 298.
January 4, 1972