HomeMy WebLinkAboutM012274January 22, 1974
STATE OF CALIFORNIA )
SS,
COUNTY OF BUTTE )
The Board of Supervisors met at 9;00 a.m, pursuant to adjournment.
Present; Supervisors Cameron, Gilman, Ladd, McKillop and Chairman Madigan,
Clif Mickalson, Administrative Officer, Dan Blackstock,County Counsel, and
Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk.
INVOCATION: Rev. Tom Conner, Church of the Nazarene, Oroville,
Pledge of allegiance to the Flag of the United States of America
74-98 APPROVAL OF MINUTES
On motion of Supervisor McKillop, seconded by Supervisor Gilman
and unanimously caxried, the minutes of January 15, 1974 were approved
as mailed.
74-99 COMMUNICATIONS
Orville E. Rolfe, Paradise. An app a1 is filed to Butte County Planning
Commission action on January 10, 1974 approving use permit for
~'/ 3 .0 ~ ready mix concrete operation for Mathews Ready Mix, Inc. Appeals
in the same matter are also filed by Threse J. Adams, Paradise
and Dr, Arthur Layton, Paradise. Discussed, Hearing reset to
February 26, 1974 at 2;00 p,m,
Rilla M. Brown, Oroville, Mrs. Brown writes regarding the Pentz Road
y ~ d~Q Q Project and right-of-way agreement providing for replacement of her
fence. Discussed and referred to Public Works.
John L. Luvaas, Jr., Chico. Mr. Luvass writes in support of Assembly Bill 594
/ ~ ~~~.'3~ which is proposed law requiring deposits on containers. Referred to
County Counsel to compose letter and put back on agenda next week.
Councilman Dave Murray, Chico. Mr, Murray forwards copy of his letter
to the Director of public Works regarding construction of a
~~~ ~v g water storage tank near Bidwell Park, and it is his feeling that
an environmental impact statement should be required. Discussed.
No action taken.
Butte County Superintendent of Schools. Petition is filed requesting
change of boundary line between the Pioneer Union School District
and Oroville School District. See motion following correspondence,
Hearing set for February 26, 1974 at 2;00 p.m.
McKinleyville Planning Advisory Committee. The Committee writes regarding
~~ o y the problem of mobile home placements and alleged inequities in
f the property tax burden resulting therefrom. Discussed. No
action taken.
County of Tuolumne. The County forwards copy of Resolution No. 147-73 opposing
Q~ the Fibreboard timberland exchange in the Tahoe area. Information
/ 003 only.
Assemblywoman Pauline L. Davis. Mrs. Davis forwards copy of letter from
George H. Murphy, legislative counsel, giving opinion on authority
Sr of the county to give the United Forest Service a portion of
I 0 Q,~ Federal Forest Reserve Funds for improvement of U.S. Forest Service
roads. Information. Discussed,
Page 217.
January 22, 1974
_ _ _ _ _ _ _ _ _ _ _ _ _J~ni~a~Y=22 ,=127 _ _ _ _ _ _ _ _ _ _ _ _ _
State Board of Equalization. The Board forwards copies of amendments to
/ ~ ~ ~ y O certain business tax regulations for information, Information only.
State Air Resources Board. The Board sends notice o£ proposed action by
~s•~ ~J Air Resources Board to hold variance hearings. Discussed. No
3 action taken.
U.S. Department of Labor, Manpower Administration Region IX. The Department
writes regarding the Comprehensive Employment and Training Act
G ~ Q V of 1973 and the fact that Butte County is potentially eligible
/ as a prime sponsor under the legislation. The Department also
forwards information regarding the possibilities of an operational
planning grant to assist in planning for local implementation
of the Act. Jim Rackerby to report later in the meeting.
Bach and Bach, Chico, The Attorneys file application to present claim
under Section 910 of the Government Code on behalf of Frona
Lee Cox. See motion following communications rejecting claim.
Bach and Bach, Chico. The attorneys file application to present claim
under Section 910 of thec:!Government Code on behalf of Frank Robert
Leon. See motion rejecting claim following communications.
Lloyd R. Kurtze, Paradise. Petition for variance for a mobile home.
/!$, ~ y Hearing set for February 26, 1974 at 2;00 p.m.
Philip C. Houx, Chico. Writes concerning the objection of people who
~ own property on Meridian Road to Planning Commission's staff
// 3•d giving their opinions on advisability of buying certain properties
over other properties. Discussed. Referred to County Counsel.
Donald T. Winsand, Durham. Mr. Winsand writes in favor of the library
/ ~.d ~ system in the northern state. Information only.
Harold T. (Bizz) Johnson. Mr. Johnson writes to thank the Board for
~ O Q,3-'~ their support of his legislation, H,R• 8464. Information only.
Bob Baiocchi, Chico. Mr. Baiocchi writes urging the Board to support
~ ~ ~ ~ Plan "A" of the DWR plan for the Feather River. Discussed and
referred to the Department of Fish and Game.
74 100 ADOPT RESOLUTION 74-9 SETTING HEARING PURSUANT TO EDUGATION CODE SECTIONS
2368 & 2359 TO CONSIDER TRANSFERRING TERRITORY FROM THE PIONEER UNION SCHOOL
DISTRICT TO OROVILLE SCHOOL DISTRICT
On motion of Supervisor McKillop, seconded by Supervisor Gilman
and unanimously carried, Resolution 74-9 setting hearing pursuant to Education
Code Section 2368 and 2369 to consider transferring territory from the
Pioneer Union School District to the Oroville School District was adopted
and the Chairman was authorized to sign.
74-_101 REJECT CLAIMS OF FRANK ROBERT LEON AND FRONA LUE COX
On motion of Supervisor McKillop, seconded by Supervisor Gilman
and unanimously carried, the following claims were rejected and referred
to County Counsel:
1. Claim of Frank Robert Leon in the amount of Ttvo Hundred Fifty
Two Thousand Dollars ($252,000.)
2. Claim of Frona Lue Cox in Che amount of Three Hundred and
Tcvo Thousand Dollars ($302,00.)
74-102 COMMUNITY ACTION AGENCY GOVERNING BOARD: APPROVAL OF PROGRAMS:
REAFFIRMATION OF MEMBERSHIP POLICX OF EOC ADMINISTERING BOARD: APPROVE HEAD START
DELEGATE AGENCY CONTRACT; APPROVE CONTRACT WITH CHICO AREA LEGAL SERVICES
C if Mic elson explained the group of program proposals which are
the first of several requesting 1974 funds from OEO. These include Chico
Area Legal Services, Chico Communit Day Care Center, Chico Neighborhood
Page 2v18.
January 22, 1974
_______ __===,~anuary2211974==--=---------
Health Center, Chico bay Care, Palermo Multi-Service Center and
Gridley Multi-Service Center. Administrative funds will exceed i5%. Waiver
is requested. Mr. Nickelson stated that information had been sent to
the Board members concerning these matters. Dan Blackstock, County Counsel,
stated that there would be a number of reports that would be sent to the
Board concerning these matters. Funds for the programs set out and
discussed.
Mrs. Jane Rutherford reported on the programs and the funds
requested. She set out the in-kind donations and how programs would be
handled. It was stated that the applications for the program were for
nine month period of time.
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, grant applications for the program proposals were
approved, waiver of the 15% Administrative funds approved; membership
policy of the EOC Administering Board reaffirmed; the Head Start Delegate
Agency contract which has been approved by Counsel and Auditor was approved;
contract with Chico Area Legal Services for a three month program was approved,
subject to approval by Counsel and Auditor and San Francisco, all with the
stipulation that it has been the intent o€ this Board to divest themselves
of the O.E.O. as of June 30, 1974.
74-IO2 CLIF MICKELSON DESIGNATED AS INTERIM BIRECTOR OF O, E.O.
On motion of Supervisor Came7m, seconded by Supervisor McKillop
and unanimously carried, C1if Nickelson was designated as interim director
of O.E.O_
74-103 ADOPT RESOLUTION 74-10 APPROVING COLLEGE WORK EXPERIENCE PROGRAM AGREEMENT
--_
Jim Rac er y, Personnel Director, reported that a resolutinn and
agreement has been prepared to establish a non-paid work experience
program for Chico State University students. This program will permit
students to get valuable professional job training in county departments
as part of their college program. There will be no direct cost to the
County. Program explained and discussed.
On motion of Supervisor Gilman, seconded by Supervisor Cameron
and unanimously carried, Resolution 74-10 approving the college work
experience program agreement with Chico State University was adopted
and the Chairman was authorized to sign.
74-i04 ADOPT RESOLUTION 74-11 DELEGATING THE PERSONNEL DIRECTOR THE AUTHORITY
TO MAKE TAE_DISABILITY DETERMINATIONS: EMPLOYEES' RETIREMENT SYSTEM
The recent change in the retirement law places the responsibility
on the county to make determinations regarding a safety member employee's
eligibility for a medical disability retirement. A resolution has been prepared
delegating to the Personnel Director authority, upon medical advice, to make
the retirement determinations specified under Government Code Section 21023.6.
On motion of Supervisox~MeKillop, seconded by Supervisor Gilman
and unanimously carried, Resolution 74-11 delegating the Personnel Director
the authority to make the disability determinations was adopted and the
Chairman was authorized to sign.
74-105 ACKNOWLEDGE CONTINUED RECOGNITION OF BUTTE COUNTY EMPLOYEES' ASSOCIATION
AS A MAJORITY REPRESENTATIVE OF COUNTY EMPLOYEES
The Butte County Employees' Association has filed application
for renewal of recognition for cale~d r year 1974 pursuant to the provisions
Page l~.
January 22, 1974
- -------=====January=22,=1974 W =____---_--
of Resolution 68-211, Section VII.
On motion of Supervisor Cameron, seconded by Supervisor McKillop
and unanimously carried, the Board acknowledged continued recognition of
the Butte County Employees Association as a majority representative of
county employees.
74-106 APPROVE MERIT INCREASE FOR AGRICULTURAL COMMISSIONER
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
unanimously carried, the merit increase for the Agricultural Commissioner
from Step B to Step C of Range 28.5 was authorized.
74-107 LEAVE OF ABSENCE EXTENSION FOR SERGEANT JONES APPROVL~D
On motion of Supervisor Cameron, seconded by Supervisor McKillop and
unanimously carried, the Board approved the extending of the compensated
medical leave of absence for Sergeant Jones through July 28, 1974 and
authorized a temporary assignment of Deputy Sheriff Imhoff to the Sergeant
position.
74-108 DISCUSSION: NORTHERN CALIFORNIA INSTITUTE OF LOCAL GOVERNMENT
The Northern California Institute of Local Government has
forwarded copies of a cooperative agreement urging Butte County to
participate as a voting member on the oard of Governors. This program
was started through Chico State University and it was the intent to
set up local training. Will Randolph is director of this institution.
They have asked that the County re-instate their interest in Chis
training center. Training grants are under discussion at this time.
This will not involve County money other than for the County to pay
tuition for students attending the classes.
Matter discussed. Supervisor Gilman said he would like to
know who and how many serve on the Board of Governors; also, if in
fact it has become self-sustaining.
Placed back on the agenda for Tuesday, January 29th, 1974.
74-I09 CJAIVE FIR5T READING :OF AN ORDINANCE AMENDING ORDINANCE 1284,
KNOWN AS THE SALARY ORDINANCE
Jim Rackerby reported on the U.S. Department of Labor, Manpower
Administration Region IX letter regarding the Comprehensive Employment
and Training Act of 1973, and the fact that Butte County is potentially
eligible as a prime sponsor under the legislation. He presented a brief
summary of the act. He explained the programs that would be involved in
the grants. He said there would be sufficient income to hire student
interms. They have developed an ordinance to establish two student
intern, positions under the manpower act. A copy of the ordinance was read
by *4r. Rackerby.
On motion of Supervisor McKillop, seconded by Supervisor Ladd
and unanimously carried, the Board waived the first reading of the salary
ordinance amendment which would establish the two positions funded in the
planning grant; this ordinance would also provide for the mandatory increase
in Student Aide rates from a $1.65 to $1.70 to be effective March 1,
1974 and authorized the Personnel Director to prepare the grant application
including the proposed budget and to bring the ordinance and grant application
back to this Board next week for final approval.
Page 220.
January22, 1974
.7anuary 22, 1974
74-i10 ITEMS DECLARED SURPLUS PROPERTY
The Health Department requests the Board to declare a Picker
1.170 Fluorscope x-Ray machine and related equipment surplus as the
machine is inoperative and obsolete and the equipment is no longer used.
The machine does not meet current radiation standards. The space occupied
by this equipment is urgently needed.
On motion of Supervisor Ladd, seconded by Supervisor Gilman and
unanimously carried, a Picker ~k1170 Fluorscope x-Ray machine at the Health
Department was declared surplus, also the related equipment was declared
surplus, and disposal by the Purchasing Officer was authorized.
74-111 AUTHORIZE INTERDEPARTMENT TRANSFERS HOSPITAL SURPLUS INVENTORY
The Board has previously declared all of the.Hospitai inventory
D '.U v items surplus, but requested that interdepartmental transfers be brought
back for Board approval. The Purchasing Officer has recapped all items
proposed for transfer. List of proposed transfers filed with Clerk.
On motion of Supervisor McKillop, seconded by Supervisor Gilman
and unanimously carried, transfer of equipment from the Hospital surplus
inventory on file with the Clerk was authorized, as set out on the
interdepartment transfers.
Tom Struthers, Purchasing Officer, reported on the matter of
the surplus hospital beds. He said the public would be able to bid on the
beds; the political subdivisions would be able to buy these beds prior
to the public bidding of them. Tt was suggested that maybe about 10 of
these beds should be kept for the detoxification center. It was requested
that the beds be declared surplus. Declaring of these beds as surplus
property to be placed back on the Board agenda for Tuesday, January 29, 1974.
RECESS: 10:25
RECONVENED: 10:40
74-112 APPEARANCE OF BOB O'BRIEN. VETERAN SERVICE OFFICER
Bob O'Brien, Veterans Service Officer, made a short report
on the current operations of the Veterans Service Office. He handed
out a couple of pamphlets used by the office. These pamphlets show
the benefits to service men and their dependents, if they are requested.
They also set out the monthly rate for the educational benefits that are
given to the service men. His job is to assist the veterans of all wars
to reeefve the benefits that they have available to them. He also assists
the veterans in applying for Calvet loans.
The Board members questioned him about hospital care for the
veterans. Mr. O'Brien explained how hospital care is provided for the
veterans. He said if urgent, the veterans own doctor can call the
hospital in Martinez and make arrangements to have the veteran admitted.
He explained the procedures for the veterans to be advitted to the
Veterans Hospitals. He said he has no trouble in getting the veterans
admitted to the Martinez hospital.
Mr. O'Brien asked if there was any possibility of obtaining beds
and wheelchairs from the local hospital to be loaned out to veterans.
He was told that this could be handled by the local Veteran organizations.
Page 221,
.7anuary 22, 1974
_____________January 222 1974= = = = =_________
Mr. O'Brien stated that there would be a meeting next month
concerning veteran matters. He will report back to the Board after
the meeting.
74-113 DISCUSSION: RECREATION BOND ACT OF 1974
The ad hoc Recreation Committee appointed by BCAG to develop a
"Priority Plan for Expenditure" for the proposed bond act is forwarding
their plan for approval. The plan has been approved individually by each
of the cities and creation districts. They are requesting that a
resolution approving the "Priority Plan for Expenditure" for Butte County
be adopted.
Plan discussed. Supervisor Gilman objected to the forwarding
of the priority plan if it were to be used as a whip. It was suggested
that a cover letter be sent expressing the Board's concern. Time spent
discussing whether the plan should be sent and a resolution adopted.
On motion of Supervisor Ladd, seconded by Supervisor Gilman
and unanimously carried, the Administrative Officer was authorized to
prepare a letter for the Chairman to sign, setting out in no uncertain
terms that the priority list was not to be used as a gimmick to get
the people to vote for the bond act.
74-I14 AUTHORIZE EXPENDITURE OF FUNDS FOR CLIPPER MILLS VOLUNTEER FIRE DEPT.
The problem of compensation insurance for volunteer firemen has
engendered a request for the Board to authorize paying cost of such compensation
insurance from the`county fire protection budget. This has been done before
and is a legitimate expenditure of funds. The amount is estimated to be
$825 and this amount can be financed from the existing volunteer fire
program budget. Request discussed.
On motion of Supervisor McRillop, seconded by Supervisor Gilman
and unanimously carried, authorization was granted for expenditure of funds
from the county fire protection budget to cover compensation insurance
premiums for Clipper Mi11s Fire Department volunteers.
74-1i5 DISCUSSION: AMENDMENT TO FIRE PROTECTION AGREEMENT
Amendment ~~l to the County fire protection agreement has been
prepared for purposes of providing differential pay for an additional
State Forest Ranger I and an additional Fire Captain. Purpose is to
provide 24-hour, seven day a week dispatch service through the use of
additional Captain and 24-hour, four day a week dispatch center
supervision through the use of the additional Ranger I. Approximate cost would
be $2,568, however, this change can be accomplished without increasing
the gross amount budgeted for salaries in the present contract and the
present contract level will remain the same. Action requested discussed,
It was suggested that Jerry Letson be requested to appear to discuss the
matter. The Board would like to know if this would mean additional
personnel. Mr. Mickelson will request that Jerry Letson appear to justify
the request. To be placed back on the agenda for Tuesday, January 29, 1974.
74-116 APPROVE AGREEMENT WITH PLUMAS COUNTY WELFARE DEPARTMENT: DATA PROCESSING
SERVICES
On motion of Supervisor Gilman, seconded by Supervisor McKillop
~ L and unanimously carried, the agreement with Plumas County Welfare Department
~L7' for Data Processing services was approved and the Chairman was authorized
to sign. page 222.
January 22, 1974
January 22, 1974
74-117 BUDGET TRANSFERS APPROVED
On motion of Supervisor McRillop, seconded by Supervisor Gilman
and unanimously carried, the following budget transfers were approved:
B-48 Public Guardian - $60 from regular salaries to extra help
B-49 Elections - $30.00 from authorized travel Co other transportation
and travel
B-50 County Buildings - $500 from household expense to equipment
maintenance
74-118 CHARTER STUDY REPORT
Orrin Stratton appeared to discuss the Charter Study: report
of Che Charter Study cammittee. He stated that this committee had been
appointed by the Board last year to study the County Charter and make
recommendations of any change that they thought might be necessary.
Mr. Stratton was appointed Chairman of the Committee. He stated that the
Committee had held seven meetings .
Mr. Stratton read the final report of the Committee. The final
report was filed with the Clerk of the Board.
No action taken.
74-119 DISCUSSION OF WATER WELL PROBLEM IN WEST CHICO
Mr. Stratton asked the Board questions concerning a proposed
ordinance dealing with water wells. He said the condition in West Chico
concerning the contaminated wells is quite bad. He urged the Board to
expedite the passage of adequate controls of wells in the County.
Supervisor Gilman asked County Counsel if the ordinance was in
his office. Mr. Blackstock stated that Neil McCabe, deputy county counsel,
and Howard Toussaint, county sanitarian, were working on the proposed
ordinance.
A reporC will be made next week concerning the proposed ordinance.
74-I20 APPEARANCE: MRS. LUCILLE GRIFFITHS. LEAGUE OF WOMEN VOTERS
Mrs. Lucille Griffiths, representing the League of inTOmen Voters,
commented on the Charter Study. She felt the Board should study the report
and comment on the recommendations. She was told that the report would
be duplicated and distributed to interested parties.
74-I21 DISCUSSION: AGREEMENT TO CONDUCT A FEASIBILITY/ANALYSIS STUDY OF
,V COMPUTERIZED SHERIFF AND POLICE APPLIGATTONS
(~ 3 Hank Hindery, Data Processing Director, presented a proposal
~ received from the Computer Science of Chico State University for an
agreement Co conduct a feasiE~ility/analysis study of computerized sheriff
and police applications. He set out the background of the matter. He
said that senior students would be used to make a feasibility study of law
enforcement applications.
Mr. Hindery stated that what they were asking for today was
authority to go ahead with the study., There will be no cost to the
County other than clerical costs and some travel costs. He said that
if the Board did see clear to approve these costs, he will coordinate
the costs with the Auditor.
Project discussed. It was stated that CCCJ was pushing for proof
that the study was needed. page 223.
January 22, 1974
-_-----_---=,~anuar~22~ 1974--------------
It was stated that the $300-$400 needed could be charged to the
Sheriff's Budget. It was felt that the effort was worth the cost.
It was suggested that a coordinating committee to coordinate
with the Chico State University should be formed. Mr. Hindery suggested
names for appointment to the Committee. The following names were
recommended by Mr. Hindery:
Chairman Madigan
Sheriff Gillick
Chief Wes Barrett, Oroville
Hank Hindery
Director of CCCJ (Howard Casagrande)
Prof. George Arnovick, Chico State Univer-
sity
On motion of Supervisor MclCillop, seconded by Supervisor Cilman and
unanimously carried, the Board approved the feasibility/analysis study of
computerized sheriff and police applications, approved the recommendation cf
the Data Processing Director for the Coordinating Committee; that County
Counsel prepare an agreement for said study, and that a maximum of $500
be placed in the budget for said study,
74-122 PUBLIC WORKS ITEMS APPROVED: RESOLUTION N0. 74-12 DECLARING THROUGH
HIGHWAYS ADOPTED
On motion of Supervisor Gilman, seconded by Supervisor McKillop
and unanimously carried, the following action was taken:
1. Authorized the trade in of the air compressor at the
Public Works shop for an equal size compressor unit at a net cost of
$750 to be taken from the Road Reserve Fund.
2. Approved the following agreements for sale for right of way
acquisition, authorized the Chairman to sign and authorized Auditor to
issue warrants upon demand of County's escrow agent:
Skyway FAS 757(4) F. Nissen 0.049 ac $1,555 Impr. $114 Total $1,669
" G. Stanley 0.026 ac 1,113 No impr. " 1,113
et a1
Chico River Rd. W. Dutra 0.229 ac 587 Impr. $352 " 939
3. Adopted Resolution 74-12 declaring through highways (Spencer
Avenue-D Street to Wyandotte Avenue; Fallbrook Avenue-D Street to Wyandotte
Avenue; Burlington Avenue - A Street to Wyandotte Avenue; and Biggs Avenue-
South Avenue to Biggs East Highway, and the Chairman was authorized to sign.
74-123 DISCUSSION-CHICO HOUSTNG IPIPROVEMENT.PROGRAM
Clay Castleberry, Director of Public Works, advised the Board that
Chico has asked for Public Works cooperation in assistance in helping them
raise some of the sub-standard housing outside Chico. This concerns the
project where young people of Chico go out and raise the substandard of
housing. Mr. Castleberry explained how these matters were handled. It
was the feeling of the Board that Public Works cooperate with Chico in
this matter.
74-124 REPORT: CIVIL DEFENSE WORK-SACRAMENTO RIVER LEVEE NOaTH OF HIGHWAY 32
George Stamm, County Water Resources Engineer, and Civil Disaster
Page 224.
January 22, 1974
_____ ___====.Ianuar~24~19Z4=====---------
Director, commented on the Sacramento River levee north of Highway 32
work that has been done during the past week. The work was done primarily
by college students. He had a letter prepared, to be signed by the
Chairman, to be sent to Dr. Cazier, President of Chico State University,
thanking the students for their work in sandbagging the levee along the
Sacramento River. The only expenditure for this work was for the overtime
to be paid to some of the Public Work crews. Letter read.
On motion of Supervisor Gilman, seconded by Supervisor Cameron
and unanimously carried, the letter to Dr. Stanford Cazier, President of
N ~ Z,~ ~ Chico State University, commending the work of the students in sandbagging
the levee along the Sacramento River north of Highway 32., was authorized
to be sent, with the Chairman signing said letter.
74-125 WAIVE THE SECOND READING OF ORDINANCE AND ADOPT ORDINANCE NO. 1427,
ZONING A PORTION OF THE COUNTX OF BUTTE, AN "AR-MH-3" (AGRICULTURAL RESIDENTIAL-
MOBTLE HOME) AISTRICT, AND ESTABLISHING REGULATIONS FOR THE USE OF LAND AND
THE CONSTRUCTION OF BUILDINGS
Planning Commission initiated rezoning from "A-2" (general) and interim
"AR-MH-3" to "AR-MH-1" (agricultural-residential-mobile home) and "AR-MH-3"
(agricultural-residential-mobile home) district, and establishing regulations for
the use of land and the construction of buildings for an area generally
described as north of Paradise, west of Skyway, known as Nimshew Ridge.
It was the recommendation of the Planning Commission that all the area be
zoned "AR-MH-3".
On motion of Supervisor Cameron, seconded by Supervisor McKillop
and unanimously carried, the Board waived the second reading of the
Ordinance, adopted Ordinance No. 1427, zoning a portion of the County of Butte,
an "AR-MH-3" (Agricultural residential-mobile home) district, and
established regulations for the use of land and the construction of buildings
and the Chairman was authorized to sign.
On motion of Supervisor Cameron, seconded by Supervisor Gilman
and unanimously carried, the Board commended the people in the Nimshew
Ridge area for the work that they have done regarding this rezoning for
that area.
74-12b REPORT RE PLANNING COMMISSION ACTION ON REZONING ITEMS: ORO DAM BLVD.
Jim Lawson, Planning Director, reported on the following:
(a) Rezone from "H-C" to "R-1" (single-family residential) for
property located within 350 ft. and on both sides of centerline
of Oro Dam Blvd. East, from Canyon Highlands Drive, to west
line of Sec. 10.
(b) Rezone from "H-C" and "A-R" to "S-2" (minimum-density suburban-
residential) for property located north of Oro Dam Blvd.
(c) Rezone from "H-C" to "A-R' (agricultural-residential) all that
portion of Section 3 and Section 10, located on the south
side and within 350 ft. of the centerline of Oro Dam Blvd.
East.
(d) Rezone from "H-C" and "A-R" to "P-Q" (public-quasi-public)
property located north of Oro Dam Slvd. West. (Continued
from January 8, 1974).
Mr. Lawson stated that the Planning Commission recommended that
the three motel sites be deleted from the zoning. Zoning for the area
discussed. The Board stated that at their public hearing held on January 8,
1974 this rezoning was turned down. Planning Commission will have to set
Page 225.
January 22, 1974
_ _ _ _ _ _ _ _ _ _ _ _ ~anuar~ 22= 19Z4T _ _ _ _ _ _ _ _ _ _ _ _ _
this rezoning again before the Planning Commission.
Hearings will be set at the Planning Commission level. No
action taken at this time by theBaard.
74-127 TENTATIVE PARCEL MAP (DON PRICE) PUT OVER ONE WEEK
The Don Pryde tentative parcel map recommended for approval and
in an area that has previously been and is in the process of being four by
foured explained by Mr. Lawson. It was asked by the Board whether the
road provided by easement was a traversable access. Access road discussed.
Chairman Madigan requested that the matter be gut over one week
in order that he may look at the site.
Action on the map put over to Tuesday, January 29, 1974.
RECESS: 12:00
RECONVENED: 1:30
RECESS: The Board recessed at 1:30 to go into an executive session.
RECONVENED: The Board reconvened at 1:40 following an executive session.
74-128 APPROVE SUBLEASE OF FORTION OF BIDWELL RIVER PARK-SCOTTY'S BOAT LANDING
On motion of Supervisor Gilman, seconded by Supervisor Cameron
and unanimously carried, the Board approved the sublease of portion of
Bidwell River Park'Scotty's Boat landing between Chico Area Recreation
District and Walter J. Scott and authorized the Chairman to sign.
74-129 REPORT CONCERNING PROPOSAL BY ASSEMBLYMAN BILL BOND CONCERNING
ESTABLISHMENT DF AN INDEPENDENT COMMISSION WITH COMPLETE AUTHORITY
FOR REAPPORTIONMENT OF OUR STATE BEGINNING IN 1980
Dan Blackstock, County Counsel, reported on a proposal by
Assemblyman Bi11 Bond concerning establishment of an independent commission
with complete authority for reapportionment of our state, beginning in
1980. He said the commission would consist of two members of the Board
of Supervisors, three city councilman and two members that would be selected
by each political party. There would be thirteen members altogether.
His proposal sets forth certain criteria for reapportionment. Purpose of
the committee explained by Mr. Blackstock.
Supervisor Gilman said he would like to study this matter before
taking action on it. Proposal discussed.
Mr. Blackstock will prepare a brief summary of the bill far
the Board members. Matter placed back on the agenda for Tuesday,
January 29, 1974.
74-130 APPROVE APPOINTMENT OF TRUSTEE TO THE PARADISE CEMETERY DISTRICT
On motion of Supervisor Cameron, seconded by Supervisor McKillop
and unanimously carried, Fred Cosgrove, Forest Circle, Paradise, was
appointed Trustee of the Paradise Cemetery District, to fill the unexpired
term of Mrs. Johnnie J. Spreen, who has resigned.
74-131 MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Cameron introduced the matter of plea bargaining
in the CourC system for discussion. He suggested that maybe someone from
Page 226.
January 22, 1974
January 22, 1974
the public defenders office should be invited to a board meeting, also
someone from the court system, to discuss this matter. It was felt that
this raas a matter that should be discussed. Matter of enforcement
discussed.
Mr. Mickelson will send a memo to the Public Defenders and
the Courts inviting them to give oral or written comments on the matter.
The District Attorney and Public Defender will file a report by next
week concerning the letter that had been referred to them.
The Board will wait for these written reports and then make
a decision whether they Yaould like them to appear and make comments.
The Courts will also be requested to make a report on the matter.
No action taken at this time.
2. Supervisor Ladd said that there are_many of the people
in County Government that present reports on the:Soard members desks
just prior to appearing before the Board. The report is often overlooked.
Supervisor Ladd requested that when a department head has something on
Che agenda, he send a written summary of his item to the Board members
prior to the meeting. Mr. Mickelson will inform the department heads
of this request.
74-132 HEARING SET: VARIANCE FOR SETBACK
A public hearing was set for Tuesday, March 12, 1974 at 2:00 p.m.
on the request of H. F. Craddock for a variance from the setback requirements.
74-133 PUBLIC HEARING: ABANDONMENT OF COUNTY HIGHWAY-MILLS ROAD EAST OF GAGE ROAD
ADOPT RESOLUTION iio. 74-13
The public hearing on the abandonment of county highway {Mills
Road east of Gage Road} was held as advertised. Mr. Lawson set out the
background of the request.
Hearing opened to the public. Appearing in favor: no one.
Appearing in opposition: no one. Hearing closed to the public and
confined to the Board for action.
On motion of Supervisor Gilman, seconded by Supervisor McKillop
and unanimously carried, Resolution 74-13 abandoning a public highway
(Mills Road) was adopted and the Chairman was authorized to sign.
74-134 PUBLIC HEARING: APPEAL OF STILSON CANYON DEVELOPMENT BY IRVIN SCHLAF
The public hearing on the appeal of Stilson Canyon Development
by Irvin Schlaf was held as advertised. Mr, Lawson set out the background
of this development. The Environmental Impact Report was filed and
was accepted by the Planning Commission. He stated that this hearing was
confined to the sufficiency of the Environmental Impact Report.
Hearing opened to the public at this time.
•Letters filed in opposition as follows:
1. Mary Richey
2. Mrs. Elizabeth Hagewood
3. Ruby Bickley
4. M. S. Pozar and Vivian R. Pozar
5. Donald F. Richey, M.D.
6. John D. Teasdale
7. Ralph Sceales
Page 227.
January 22, 1974
_ _ _ _ _ _ _ _ _ _ _ _ _January=22,,1474 = _ _ _ _ _ _ _ _ _ _
8. John W. Turner
9. Evelyn Bruce Post, Maria Teresa White, Chester A. Bruce, et al
10. Sutherland Simpson
11. Mrs. Margaret Rivas
12. Mr. and Mrs. Henry A. Peterson
13. John T. and Geraldine W. Sullivan
Appearing:
1. Mr. Garrett Starmer. He set out the concern of the residents
in the area, stating that they opposed the approval of this development.
They feel that the EIR is inadequate.
2. Mr. John Teasdale. He said he was apposing the E.I.R.
in its present form for several reasons. He staked that his letter to
the Board outlined his objections.
Mr. Lawson explained the matter of the E.I.R. He said that any
comments made by the Board or by people would have to be included in the
final documents. He felt there should be a review period and the responses
should be in writing.
Neil McCabe, deputy county counsel, stated that the responses
should be in writing after comments are made on this draft of the E.I.R.
Mr. McCabe felt he should be allowed time to review the comments made by
the Board on the E.I.R.; he feels he should have 30 days in which to
review the comments. Charges for copies of the E.I.R. discussed.
Mr. McCabe asked Mr. Teasdale if he had any suggestions for
modifications to the development. Mr. Teasdale stated that most of the
people in the Canyon do not oppose the subdivision per se; they oppose
the traffic hazard and suggested that an additional paved access and bridge to
the development be provided and that the original bridge should be retained.
He feels that the development will double the population in the area.
It was stated that the E.I.R. was not complete and it should
be updated before action is taken out it.
It was moved by Supervisor Ladd, seconded by Supervisor Cameron
and carried, that Supervisor Gilman be excused at this time to go and
examine the Sacramento River levee.
3. Dr. Wooton. He showed a brief film of the traffic problems
in the Stilson Canyon area. He feels that there should be another
primary road as the present road is too narrow to handle additional
traffic.
4. Mr. Ralph Seeale. He spoke to the existing fire hazards in
the area. The bridges are limited to one-way traffic. If more people
move into the area, there will be more children and the fire hazard
will increase.
5. Dr. Don Richey. He requested that the bridge that was
built in 1900 be preserved. He feels that the impact study should show
that the wells on the lower end of the canyon will draw water from the
wells on the upper end of the canyon. He also said there should be a
secondary access to this area. He requested that all those in the
audience in opposition to the E.I.R, tand. A large group stood in
page ~28.
January 22, 1974
_ _ _ _ _ _ _ _ _ _ _ _ ,~anuary 221 1974
opposition.
6. Walter Grimes spoke concerning the E.I.R. He said he
prepared the original E.I.R. The development has been in progress for
a Iong time, He said the County had reviewed the report and requested that
additional in-put be placed inte the report. They then incorporated
the additional in-put into the E.I.R. The report was filed with the
County Clerk. He gave the background of the proposed subdivision.
It was felt that the bridge was old and needed improvements. The
developer will put up $10,000 towards the construction of a new bridge.
It was felt that there should be more than a one-way bridge. Supervisor
Cameron questioned Mr. Grimes about fire hydrants for the area. He was
told that there are fire hydrants there at present and that more would
be put in at the time of the development.
Hearing closed and confined to the Board for consideration.
Mr. McCabe suggested that maybe the hearing could be continued to get
further in-put to the E.I.R. It was suggested that the E.I.R. report be
sent to the Environmental Impact Committee and have them respond to Che
items that are not included in the present report. It should then be
sent back to the Board of Supervisors for study.
Supervisor Ladd said he would like to review the report. He
said he felt obligated to review the report and consider the new items
that have been brought up today. Supplemental information could be submitted.
Mr. Lacrson said a trritten report could be made to the Board members.
They could publish an addendum to the comments. Supervisor McKillop
felt Chat consideration should be given to the matter of an emergency
access in case of fire in the area. This should be in the E.I.R.
Report referred back to the Planning Commission for their
comments. Mr. Lawson said he would have the comments ready for the
Board by February 19th and then comments could be received by both
sides.
Hearing continued to March 5th, 1974.
RECESS: 3:35
RECONVENED: 3:50
74-135 PUBLIC HEARING: USE PERMIT TO ALLO[J A CHRISTIAN YOUTH FARM, LOCATED
BETWEEN MT. IDA ROAD AND ORO-BANGOR ROAD SOUTH OF OROVILLE
The public hearing on the use permit to allota a Christian Youth
Farm, located between Mt. Ida Road and Oro-Bangor Road, south of Oroville,
was held as advertised. It was stated that Mr. Lawrence R. Meyer, applicant,
has filed a written request that this hearing be postponed and suggested that
February 26, 1974 would be acceptable.
Mr. Lawson summarized the action of the Planning Commission.
Planning Commission denied the use permit.
}tearing opened to the public.
Appearing..
Page 229.
January 22, 1974
_ _January_22,_1974 _
- - - - - - - - - - - - - - - - - - - - - - - - - -
1. Edna Board, 13 Circle Drive. She requested that the
Board deny this use permit. She €i led a petition containing 273
signatures of residents in the area.
2. Mr. Arthur Brown, 4050 Oro-Bangor Road, appeared in opposition.
3. Mrs. Elsie Temgle, Circle Drive. She feels that this
type organization would be a hazard to her children and to the other
children in the neighborhood. She appeared in opposition.
4. Mr. Roily W. Rix, Oro-Bangor Road. Appeared in opposition.
5. Rev. Richard Uzzell, First Baptist Church of Oroville.
He spoke in favor of the use. He said he is very much involved in the
Oroville Ministerial Council; he explained his reasons for appearing.
lIe said he knows Mr. Myers and feels that he has a very good reputation.
the use.
6. Mr. Earl Rogers, property owner in the area. He opposed
7. Mrs. Kay Berry. She opposed the granting of this use.
8. Mr. Bob Myer, co-owner of the property. He set out his
reasons for requesting the postponement of the hearing. He explained
the improvements that they are making to the property.
9. Mr. Gary Resson, Circle Drive, He spoke:. in opposition,
10. Mrs. Laura 'Van Garbain, Circle Drive. She spoke in opposition.
11. Mrs. Macintosh, Circle Drive. She spoke in opposition.
Mr. Myers replied to the statements made by the people appearing
in ogposition. He said there would be boys referred to them prom the
churches in the area. They caill not charge fees for the boys referred
to them. The operation will be sustained by donations and by the youths
holding jobs. ,
Hearing closed to the public and confined to the Board.
Supervisor Ladd said he did not see any justification for
continuing this hearing. Mr. Myers said he would Iike to have Mr. Chandler,
his co-partner,present. Supervisor McKillop said he felt that the Board
has heard ample testimony from these people to rule on this matter.
On motion of Supervisor Ladd, seconded by Supervisor McKillop
and unanimously carried, theBoard concurred with the Planning Commission
and denied the use permit to allow a Christian Youth Farm, to be located
between Mt. Ida Road and Oro-Bangor Road, south of Oroville.
74-136 PUBLIC HEARING: (CONTINUATION) APPEAL BY HELLERMAN-REZONING NORTH-EAST
CORNER OF DEAN ROAD AND CHAPMAN LANE PARADISE
The continuation of the hearing on the appeal by Hellerman
regarding rezoning northeast corner of Dean Road and Chapman Lane, Paradise,
was held at this time. Mr, Lawson summarized the background of this
matter. This hearing had been closed to the public at the last hearing.
The planning commission had recommended denial of this rezoning.
Page 230.
January 22, 1974
January 22~ 1974
It was stated that the Board members had received a memo from
Bob McPherson concerning this rezoning, Rezoning discussed. Supervisor
Gilman said he had voted in opposition to the granting of the split
zoning for the area at the original hearing. He feels that animals in
an R-1 District cause trouble sooner or later. Supervisnr Ladd
said he did not think it would work too satisfactorily to have an
"A-R" district in a R-1 zone. Supervisor Cameron said he was concerned
because these people had been told they could keep their animals at
the original public hearing.
County Counsel suggested that the hearing be opened to allow
Mr. Hellerman to make a comment on the memo.
Mr. Hellerman sgoke concerning the memo. He set out his
reasons for requesting the rezoning,
On motion of Supervisor Ladd, seconded by Supervisor Gilman
and carried, the Board supported the Planning Commission and denied the
request of Mr. Hellerman for rezoning.
AYES: Supervisors Gilman, Ladd and Chairman Madigan
NOES: Supervisors Cameron and McKillop
74-137 CONTINUATION OF HEARING: IAWRENCE RICHARDS, VARIANCE FOR MOBILE HOME
The continuation of the hearing on the petition of Lawrence
Richards for a variance to place a mobile home on his property was held
at this time. Howard Toussaint explained the matter. He has attempted
to contact the applicants and has been unable to contact them. Matter
discussed.
No action taken.
74-I38 MATTERS PRESENTED BY BOARD MEMBER5 FOR DISCUSSION
Supervisor Ladd stated that two weeks ago a man had appeared
before the Board requesting authorization to divide his 80 acres of
property into two 40 acre parcels. He had been denied his building
permit, Supervisor Ladd said he had made a matron at that time that
should not have been misinterpreted. County Counsel stated that this
matter has been resolved. The Board had gone on record that the man
should be issued his building permit.
Dan Blackstock, County Counsel, said the Board would receive a
copy of the opinion from Mr. McCabe concerning this parcel split. A
memo was sent to the Health Department to release the building permit.
Mr. McCabe said he felt he was partially responsible for not getting the
permit issued.
No action needed; presented for Board information and discussion.
Supervisor Cameron asked the Board members if they had
received a copy of Ar. Enloe's memo about the alcoholic program.
It is on record that the County is doing something in this field,
ADJOURNMENT:
There being nothing further before the Board at this time,
the meeting was adjourned at 5:30 to reconvene on Tuesday, January 29,
1974 at 9:00 a.m,
ATTEST: CLARK A, NELSON, COUNTY CLERK
BY~ C airman of the'$oa
Board of S rvisors Clerk
Page 231. January 22, 1974