HomeMy WebLinkAboutM012572STATE OF CAL IFORNIA
COUNTY OF BUTTE
SS .
January 25, 1972
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The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Madigan, Maxon, McKillop, Reynolds and Chairman Gilman.
Clifton Nickelson, Administrative Officer, Dan Blackstock,•County Counsel,
and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk.
INVOCATION: Rev. Ingmar Jacobsen, Evangelical Free Church, Oroville
PLEDGE of Allegiance to the Flag of the United States of America.
72-138 A__PPROVAL OF MINUTES
On motion of Supervisor Reynolds, seconded by Supervisor Madigan and carried,
Page 324, second paragraph, was amended to state that it was to be the Board's policy
that Public Works would require a parcel map be filed on lot splits of 60 acres or
under and that the definition of access roads would state that they would be
traversablle at all times.
EiYES: Supervisors iiadigan, Reynolds and Chairman Gilman
NOES: Supervisors Maxon and rcKillop
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
tarried, the minutes of January 18, 1972 were appro'red as mailed, with the
addit_on of the above omission. AYES: Supervisors Madigan, McKillop, Reynolds
and Chairman Gilman. NDES: Supervisor Maxon.
On motion of Supervisor Madigan, seconded by Supervisor McKillop and
unanimously carried, the minutes of January 11, 1972, were amended to state
that the appeal of- Jerome Peters was denied without prejudice to Mr. Peters.
72-139 COMPNNICATIO~T5
Anne Gerhard, Paradise. Mrs. Gerhard forwards copy of a letter to Joe A.
O.~ Gonsalves, chairman of the Assembly Committee on Revenue and Taxation,
/',7j~ regarding the question of mobile home owners paying their full share
of taxes. Information only.
Director of Public Health. Dr. Heindl forwards a copy of her letter to G.
Ray Arnett, director of California Department of Fish and Game,
regarding the plan to introduce woodcocks into Butte County and on the
coast. Discussed. Letter to be written along sane lines as Dr. Heindl
to be signed by the Chairman.
Director of Public Health. Dr. Heindl forwards copy o£ the Butte County Drug
Abuse Control Plan of 1972. Discussed. Copies to be given to
Board members.
City of Chico. The City forwards copy of its letter to dir. Robert Sherrard,
chairman of the Butte County Economic Opportunity Council, notifying
them of the appointment of Mr. Ori11e R. Grant as the City's representative
to the Butte County EOC. Confirmed the appointment. No action needed
to be taken in the matter.
California State Employees' Association. LeRoy A. Pemberton, president,
writes regarding the possible strike by the hydroelectric and civil
b 3.~ ~ maintenance employees in the State Department of Water Resources in
July, 1972. Supervisor Maxon stated he hoped the Board would oppose the
strike. No action taken at this time. .
State Department of Mental Hygiene. The Department forwards copies of the „
-~ ~ p,pc7 new schedule of patient care ,and treatment costs in its facilities.
Referred to Dr. Maguire
State lands Division. They send revised notice of a meeting of the State
lands Commission changing the January 27th meeting to January 26th in
~ O.0 v Sacramento. The Butte and Glenn County application on the Ord Ferry.
Bridge will be considered at this meeting.. Information only at this time.
State Air Resources Board. The Board sends notice of four consultation
meetings to permit exchange of views regarding new guidelines regulating
~3
3 2S ' agricultural burning. No action taken.
Page 328.
January 25, 1972 .
____-_____- -==January=2~,=1472=====---------
State Water Resources Control Board. The Board sends notice of public
hearings to consider proposed changes to clean water grant program
xegulations to be held on February 3 and February 17, 1972, The
February 3 meeting to be in Sacramento and the February 17 meeting to
be in Los Angeles. George Stamm requested to attend the meeting.
State Water Resources Control Board. The Board sends notice of public
hearings to update the statewide project list for the clean water grant
program for the years 1972 through 1976. Meeting will be February 3,
1972 in Sacramento. Referred to Dr.Heixidl.
U. 5, Department of Labor-Manpower Administration. Albert D. Garcia, project
0 officer, sends notice of training session to be held during the week of
~ 0 3'a February 7 through 11 for personnel officers of the prime agent and ~ub-
agents of the PEP program. Refer to Personnel Officero
E. W. Gehringer. Suggests that a bond be posted by people requesting
0 ~ ~ G Assessment Appeals Hearings. Letter read and discussed. No action
~ taken.
LeRoy Thengvall. Error in over assessment of his property. Letter read
and discussed, Supervisor Reynolds stated he felt the mistake should
be rectified. It was suggested that the matter be referred to Mr. Vasco
and have him report back to the Board when the matter has been cleared
up. Matter to be placed back on the agenda for Tuesday, February 1, 1972.
/ !~ ~ ~MaximGradleyhJudicialeDistrict. Lettertreadhandhreferred torPersonnelfOffice.
Bill Howerton, National Association of Letter Carriers. Mr. Howerton complains
of the many dogs running loose in tl~e Chico area. He requests that a
leash law be passed. Matter discussed. It was stated that if the dog
p D~~ catcher should see a dog running loose, he should pick him up whether
he has a license or not. The ordinance is strong enough but there just
is not enough personnel to handle all the dogs in the county. Letter
referred to Administrative Officer for answer. Letter also referred
to the Sheriff for anscaering and giving an explanation of the situation.
Herbert A. Watson, President of Chico Motel Association. He sets out the
problem of the decrease in occupancy in the Chico area. It was suggested
~ ~ that maybe a portion of the motel tax be used to promote motel business.
/ ~ Z ~ Supervisor McKillop suggested that this man be invited to speak to the
Board on this situation. It was suggested that he be invite' to a BCAG
meeting to explain the situation.
City Clerk of Chico. In a letter to Supervisor Madigan, the City suggested
that the County participate in the installation of a street light at
the intersection near the Say Patridge School. The street and the
school is within the City limits. It was felt that the County would not
be adverse to helping the City of Chico with the traffic signal light,
but it was felt that it should be on the basis of 40% by the County and
60% by the City of Chico or on a 50-50% basis. Matter discussed.
It was suggested that this be placed on the Board agenda and have someone
from the Chico City Council appear before the Board to discuss the matter.
72-140 INVITATION TO TOUR WESTERN PACIFIC RAILROAD LINE FROM OROVILLE TO ELKO, NEVADA
Bernard Richter, Chairman-Butte County Development Commission, stated
he had been asked by Mr, Don MacCloud, Vice President and General Manager of
the Western Pacific Railroad to extend an invitation to all of the Board of
~ Supervisors to tour the Western Pacific Railroad line from Oroville to Elko,
1 ~ ~~ Nevada on his private car. He stated the train would leave Oroville at
7:30 p.m., Thursday, January 27, 1972 and will return to Oroville, Saturday
January 29, 1972, He requested that the Board let him know as soon as possible
if they plan on taking the tour,
Mr. Richter reminded the Board of the No Host Luncheon to be held at
Prospector's Village on Wednesday, January 26, 1972 at 12:30.
Page 329.
January 25, 1972
January_25,_1972
RECESS: 10:00
RECONVENED: 10:15
72-141 ADOPT RESOLUTION 72-17 TO ESTABLISH A SYSTEM FOR CERTIFICATION OF
COLONY STRENGTH OF BEES
Don Black, Agricultural Commissioner, presented a resolution to establish
a system for certification of colony strength of bees used in pollination of
agricultural crops. He said the bees are important to the almond growerso
He said there was a new budding industry, transcient bee growers. Mr. Black
explained the new industry. He said that some of the bees are not as strong
as they should be. Ttao years ago State Legislation was passed to allow the
Gounty to inspect the bee colonies. This has become a big industry. Mr. Black
requested that the proposed resolution be adopted so that they can do some
of the work involved in this matter. He said the work could be done by their
present personnel. The bee keeper would pay the inspection fee. Fees discussed.
On motion of Supervisor McKillop, seconded by Supervisor Gilman and
unanimously carried, Resolution 72-17 to establish a system for certification of
colony strength of bees was adopted and the Chairman was authorized to sign.
72-142 DISCUSSION: EXTENDED DATE FOR FILING LAND CONSERVATION ACT APPLICATIONS
Mr. Black stated he would like to discuss the Board's action last week
to extend the filing date for filing applications under the Land Conservation
Act. He said this Iate filing date might jam up their operations. He said
the Committee and County Counsel-has to have ample time to check the applications
and the applications have to be recorded by March lst. Supervisor McKillop
said the County could urge the people to get their applications in immediately
and inform them that they might not have time to process them if they wait
until the last day for filing of the application. Mr, Black said it takes
about 22 to 3 months to process these application papers. Supervisor McKillop
said he would like the resolution changed to show the extension of the filing
date.
72-143 APPEARANCE OF BOB WINSTON, MAYOR OF ORO~LLE~SALE_OF TAX DEEDED PROPERTX
Robert Winston, Mayor of Oroville, said he was here today because the
Treasurer had not lived up to the agreement concerning the sale of tax deeded
property by the County. The Treasurer's office was to notify the City of
b ~ Oroville of any sale of tax deeded property in this areao The City was not compri.
I~~ of a sale that was held two weeks ago. Matter discussed. He had been told
that it was the Board's intention that the City of Oroville would be notified
of these sales.`
Rolland Vandegrift, assistant County Treasurer, spoke to this matter.
He said he was directly responsible for the conduct of these sales. He admitted
that they had failed to notify the City of Oroville of this particular sale.
They did publish the notice in the Oroville Mercury. He said he would add the
City of Oroville to his mailing list to receive notice of all sales to be held,
He said the Treasurer's Office intend to cooperate fully with. the City of
OrovilLe,
Matter discussed; no action taken.
72-144 APP ROVE NOTICE OF COMPLETION: LARKIN ROAD BRIDGE @ SUTTER BUTTE CANAL
On motion of Supervisor Reynolds, seconded by Supervisor McKillop and
unanimously carried, the work of Hertel Construction Co., Inc, far construction
of Larkin Road Bridge across Sutter-Butte Canal was accepted, the Chairman
was authorized to sign the Notice of Completion and the Clerk was instructed
to record said Notice of Completion with the County Recorder.
Page 330.
January 25, 1972
January 25= 1972
72-145 APPROVE AGREEMENT FOR SALE, FORBESTOWN ROAD xIGHT
On motion of Supervisor McKillop, seconded by Supervisor Reynolds and
unanimously carried, thelagreement for sale for right of way acquisition for
the Forbestown Road FAS 759(4) was approved as follows, the Chairman was
authorized to sign and the Auditor was authorized to issue warrant upon demand
of County`s escrow agent:
Forbestown Road FAS 759(4) Earl He Blake at a1 1.21 acre
(condemna4:ion.` Parcel 18 $2,500 -0- impr. Total $2,500
72-146 ACCEPT GRANT DEEDS, RIGNT OF WAY ACQUISITIONS
On motion of Supervisor Maxon seconded by Supervisor Madigan and
unanimously carried, the follow/gr~nt deeds were accepted, the Chairman was
authorized to sign the certificates of acceptance and to sign the quit-
claim deed to Robert L. Cole for a portion of Old Oroville-Pentz Bond highway,
said deeds listed as follows:
Clark Road 57452-71-1 Parcel 8 F. Ro Threlfall et ux
Foster Road (parcel map) AP 55-16-26 Dick Ryplcema et ux
So. Libby Rd. (parcel map) AP 54-191-22 Jan T. McGregor et al
72-147 ADOPT RESOLUTION 72-18 RE PARALLEL PARKING ON SKYWAY
On motion of Supervisor Maxon, seconded by Supervisor McKillop and
unanimously carried, Resolution 72-18 re parallel parking on Skyway was
adopted and theChairman was authorized to signo
72-148 CONTINUE POLICY OF ONE FOOT STRIPS AND BRINGING UP TO COUNTY STANDARD
IF STRIP CROSSED
The request by Carl Arenius to cross one-foot strip at end of
Maxwood Drive, Paradise discussed. Clay Castleberry, Director of Public
Works, stated that the previous policy of the Board of Supervisors has been the
dedication and construction of the road extensions beyond the one-foot
strip to the County standards. Mr. Castleberry stated that Mr, and Mrs,
Arenius were requesting permission to cross the one foot strip and use the
access road, They do not intend to pave the road to county standardso
They plan to four-parcel their property and sell the property. Supervisor
Maxon said he did not think that it is economically feasible to have this
man bring this road up to standards merely to sell the lando Supervisor
McKillop said the issue at this point is whether or not the County is
going to stand by the policy that the Board had had for years, Supervisor
McKillop said he would like to go up and view the propertyo Supervisor
Maxon said he would appreciate the delay for the Board to view the propertyo
Matter placed back on the agenda for Tuesday, February 1, 19720
It was moved by Supervisor Madigan, seconded by Supervisor Reynolds and
~inanimously carried, the Board voted to continue the policy of the one-foot
strip and if this strip is crossed, then the road should be brought up to
County standards.
72-149 DISCUSSION AND BOARD'S CONCURRENCE IN RESOLVING PROBLEMS CAUSED BY
WORK ON COUNTY ROADS
Clay Castleberry, Director of Public Works, advised the Board that
they had found a man working on County roads, cutting driveways on Swede's
Flat Road, without permission. They found other work being done on County
roads without permission. They asked the one man to remove some of the
loose dirt and spread gravel to make the road more traversable.
Page 331.
January 25, 1972
______________ ~.7anuary25,, 1972=====______--__
They found another individual cutting some 12 access roads onto County
road to parcel off his property. Public Works has asked the owner to show
what the driveways were to be used for. It was stated that if people want to buil~
a rs;ad, they should build them to County standards. They have requested that
this man come into Public Work's Office and discuss the roads with them,
72-150 MATTERS PRESENTED FOR BOARD DISCUSSION
Mr. Castleberry said they were taking another look fio consider and
determine if a walkway can be built at Lime Saddle Marina for use by the
senior citizens and the handicapped people,
Supervisor Maxon said he had received a telephone call about the
rest rooms in County buildings, whether they were wide enough for a wheelchair.
Mr. Castleberry said the doors were wide enough for a wheal chair to go through,
Supervisor Maxon informed Mr, Castleberry that Mr, Duffy from Inskip
had asked to have the County plow the road between Stirling City and Inskip.
Mr. Castleberry said they have been attempting fio keep this road and the
other county roads open, He feels that they are doing a pretty good job
on the roadso Mr. Castleberry said Public Works will attempt to keep the
Inskip Road ogen for the weekends. The road caill be maintained within the
limitation of their equipment.
72-151 APPEARANCE OF STAN PITTMAN, OROVILLE: AB 1301
~Mr, Stan Pittman, Oroville, spoke to the Board concerning AB 1301.
He asked if the ordinance regarding this matter would be considered for
passage today. Ivlr. Pittman said he has been in contact with Senator Marler;
the Senator said they were receiving many phone calls on AB 1301; he requested
that the Board not participate in this matter until Legislation has acted.
Legislation is attempting to make some modifications to the bill. The new
bill would give the Board the option of whether the map will be required.
Mr. Pittman requested that the Board not participate in the bill at this time
and (2) do not try to pass an emergency ordinance at this time, He suggested
that maybe the Board hold a night hearing, prior to adopting the ordinance.
Supervisor riaxon said it would be his hope that the Board hold night
heari:}gs on this matter. Supervisor McKillop said that McCarthy coos going
to have a hearing this Thursday. Supervisor McKillop said he would not be
adverse to having a informational hearing at night.
Mr. Tex Collect, Paradise, said he felt the Board owes the taxpayers
the right to have a public hearing regarding the lot split matters at night,
Mrs. Dorothy Thresher, Gridley, stated she felt that a night hearing
should be held regarding the lotsplit ordinance.
Matter to be discussed later in the day,
72-152 APPEARANCE: MRo DON ERBY, OROVLLLE
Mro Don Erby, Oroville, said that now that the New Era has ground down and
most of the problems have been solved, he felt he could approach the Board
to discuss his own problem. He set out fihe background of his employment with
the County concerning the wood project„ He said he had been asked to come to Butt
County and to act as crew chief for the wood cutting project. He said he had
been promised that he would receive training so that he would eventually be
able to be a director of the venture. He said he did not receive any training.
He said he came up to the County in good faith; he worked for the County in good
faith.
Page 332,
January 25, 1972
January 25, 1972
Mr. Erby said he was asking for justice for himself. He feels that the
County owes him a debt, He feels that he has some training coming to him.
He said for the first time in 40 years he is laoking at the prospect of
facing the possibility of going on Welfare. He said he has a wife and four childrer
He felt there should be someway to negotiate these matters with the County.
Mr. Mickelson said he did', not know whet type training Mr. Erby was talking
about. Mr, Mickelson said that Mr, Erby had a good job that he quit to come
to work for the County. He said the most unfortunate thing that Mr, Erby did
was to quit his job and get involved with the County.
~Ir. Erby was requested to meet with County Counsel and the Administrative
Officer and discuss the matter. Mr. Mickelson will report back to the Board on the
matter,
72-153 APPEARANCE OF AL APPLEMAN THERM_ALITO: BORROWING MONEY FOR COUNTY SERVICE AREA
Mr, Al Appleman, Thermalito, said there were two entities in Thermalito,
the Thermalito Irrigation District and County Service Area No. 26. It has
been Stated that they are. trying to borrow $50,0000 County Service Area No. 26
was created by this Board to provide sewers for that area. He said he felt
that the request for the loan should come from this Board. Mr. Appleman
requested the Board to look into this matter. Supervisor Maxon said he
would like to have County Counsel research this matter and report back to the
Board. Dan Blackstock, County Counsel, said he would search the matter out and
will report back to the Board.
72-154 DISCUSSION-HEARING ON ORDINANCE CREATING LOT SPLITS
Discussion on the lob split ordinance is scheduled for this afternoon
session. Mro Mickelson stated his office was receiving a flood of telephone
calls as to when this subject will be discussed. He said that if the Board
was going to set a night hearing, maybe a decision could be made at that time.
Supervisor McKillop said he would like to wait until after Thursday when
Mr. McCarthy will have his hearing. Time for the hearing discussed.
A hearing was set for Wednesday, February 2, 1972.at 8:00 p,m, in the
Board of Supervisors room. This will not be an advertised hearing. The press
was requested to carry a story on the hearing date. County Counsel advised
the Clerk that a paid add in the papers would not be necessary.
72-155 APPEARANCE: DON LUCAS, ANCHr1tAGE, ALASKA
Mr. Don Lucas, Anchorage, Alaska, stated they have an impasse on their
tax bill. They had understood that they could place their land in the land
conservation act. Supervisor McKillop told him that the time for applying
to have the land placed under this act had been extended to February 22nd,
Applications would have to be filed right away in order to be processed.
Matter discussed; no action taken at this time,
72-156 APPEARANCE OE ROBERT CHARLEBOIS BCEA: COMPUTATION OF HOURLY RATES FOR EXTRA HEL
Mr, Robert Charlebois, manager of Butte County Employees Association, spoke
to t$e Board regarding computation of hourly rates for extra help under the
bi-weekly pay period schedule. He said the hourly rate for the extra help had
been cut due to this new computation. This results in a 5% hourly cut in pay.
He said that extra help did not receive sick leave or other fringe benefits
received by regular help. He felt that to cut this hourly rate was wrong.
Mr. Charlebois requested that the Board re-establish these pay rates for these
employees.
Mr. Mickelson said that at the time the bi-weekly, pay period were first
discussed, it was asked if there would be costs to the County in the setting
Page 333.
January 25, 1972
January 2S, 1972
up-of this system. It was stated at that time that it would not cost the County
more money but that there would be a re-computing of extra help time. The
standarization was to create the savings to the County. It was felt that there
would not be a loss in salary to the County regular employees. Mr. Rackerby
stated that before this computation the extra help received holiday pay
included in their hauriy rate of salaryo
Bill Lawrence, assistant county auditor, stated that these people are not
employed on an hourly rated It is a monthly rates It is computed by the
hours that they work, He explained how the matter was handled, If they
continued to pay the hourly rate as in the past, the extra help would be paid
more than the regular help. The monthly rate is converted to a hourly rate.
The daily rate of pay is standarized. Unfortunately, it excluded the holiday
payer
Matter discussedo Chairman Gilman requested that a report be prepared
and presented next week for discussion.
Mr. Charlebois said that a resolution was passed by the Hospital Board of
Tzustees last July which stated that they would no longer hire any employee on
a full time basis; they would be hired as extra help. He feels that this was
an abuse of their authority. 10 employees were hired but only on extra help
basis. Last September they made exceptions by employing Gene Carroll and
Bill Tubbs as full time help, He said the extra help people could not have
the employee health insurance, Mr. Charlebois requested that County Counsel
investigate how the Board of Trustees function. There was not a resolution
adopted that set up the Board of Trustees. County Counsel said he did not
desire to comment on this at this time. He will report back to the Board after
he has had an opportunity to review the matter. County Counsel will report
back next ®eek on this matter. No action taken at this timed
RECESS: 12:00
RECONVENED: 1:30
72-157 PUBLIC HEARING: SECO ENTERPRISES, TNC,: PROPOSED REZONING FROM "A-~"
(AGRICULTURAL-RESIDENTIAL) TO "PA-R" (PANNED AREA RESIDENTIAL) DISTRICT,
OROVILLE
The public hearing on Seco Enterprises, Inc,, proposed rezoning from
"A-R" (agricultural-residential) to "PA-R" (planned area residential) 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
~/4 mile oast of Wyandotte Avenue, identified as AP 34-35-30, Oroville, was
held as advertised. Jim Lawson, Planning Director, summarized the actions of
the Planning Commission in this mattero He said that Planning Department had
received a petition in opposition to the rezoning. He had a map showing the
parcels of property opposed to the rezoning and those in favor of the rezoning.
He explained the area to be zoned.
Hearing opened to the public at this time,
Appearing in opposition to the rezoning: Mr. Frank Clegg, 3081 Lower
Wyandotte Road, Oroville, He expressed his opposition to the granting of this
rezoningo
Mr. James Toney, 3020 Lincoln Street, stated he was not against the zoning.
He asked that in the building of these buildings, will local labor be used and
will the buildings be for the low income peopled He said he felt that
Greenville Street should be cut through this property to Lower Wyandotte
Avenue.
Page 334.
January 25, 1972
January 25y 1972
Bearing closed and confined to the Board at this time. Proposed zoning
of PA-R discussed. Supervisor McKillop said he felt the proposed Land use
'was good for this type development. He said the people in the area shou7~d be
listened to,
On motion of Supervisor McKillop, seconded by Supervisor Reynolds and
unanimously carried, Ordinance 1232 zoning a gortion of the County of Butte
as a "PA-R" (planned area-residential) district was adopted, setting up
"PA-R" districts and the Chairman was authorized to sign, as Board policy,
Mr. Lawson stated that adopting the ordinance in this way removes from the
rezoning ordinance what makes an ordinance. Jim Griffith, deputy county counsel,
said the Board should make a motion to make the PA-R district a matter of policy
rather than an ordinance, It was stated that zoning ordinances should be
applied to specific property,. The district should be in the form of a policy and
in such a form that if the need arises again, this type zoning could be applied
to the specific property.
Proposed ordinance discussed, Dan Blackstock, County Counsel, will ,report
back on the matter at a latter time.
On motion of Supervisor McKillop, seconded by Supervisor Reynolds and
carried, the reetuest of Seco Enterprises Inc., for rezoning from "A-R" to
"PA-R" District was denied, AYES: Supervisors Madigan, McKillop, Reynolds
and Chairman Gilman NOES: Supervisor Maxon,
72-158 PUBLIC HEARING: EX~'ENSION OF INTERIM ZONING FOR AREA PRESENTLY ZONED
AS "ID`TERIM S-i" DISTRICT bESCRIBED AS WEST CHICO STUDY AREA
The public hearing on 'the extension of interim zoning for area presently zoned
• as "interim S-1" district, described as the West.Chico Study Area, was held
as advertised. Jim Lawson ,'Planning Director, summarized the actions of the
Planning Commission. He said the description is a little bit misleading. This
zoning applies to that portion that is known as the Britton interim zone.
He set out the area covered by this matter. The Vistec and Schultz property
is exciuded from .this zoning. P1r. Lawson said that it was desired to extend
this zoning for another year,
Hearing opened to the public at this time.
Appeaxing in opposition.: John Stutz, Morehead Ave,, Chico. He said
he was opposed to this hearing covering the entire area. He felt the area
should be broken up into areas. Matter of zoning the area set out.
No one appeared in favor of the rezoning.
Hearing closed at thisltime and confined to the Board, to discuss the
length of time,the interim Zoning should be extended. It was felt by the
Board members that a year would be too long a time to extend this zoning,
- ~t was °stated that the Board hoped that the property owners taould be notified
of'~lY~.hearing dates and the property to be zoned, Legal publications discussed.
Dan Blackstock, County Counsel, stated that it would require an ordinance ~
to set out the procedure for notifying people of zoning matters. PIr. Blackstock '
said he would recommend that if the Board wants to make a change, that they t
dir;~ct him to prepare an ordinance amending the present ordinance, Chairman
Gilina`ri said he felt that a personal notice in the mail would make people much
' mole a"ware of what is goinglon. The money saved in advertising fees would
of~t.$et the cast of mailing, Supervisor McKillop said he would like to see 1.
the~'p~oposed o=dinance before voting on this matter. Time spent discussing
the area of the property owners that should be notified. Mr. Lawson said he
would Bite to have a uniform distance so that there would be no confusion.
It was felt;•.,that.350' for the mailing notice would be a good distance.
On motion~,of Supervisor Gilman, seconded by Supervisor McKillop and ~
carried, Ordnarice~,No, 1233 an interim oxdinance zoning a portion of the County
an "S-1" (medium density suburban residential) Ylistrict, pur~uant ~o Ord. No.
A.75, as amended, for a'~eriod of 120 days, was adop ~,dd andd t e Chairman was
authorized to sign. AYES: (Supervisors Madigan, Mc~a.llop, Reynolds and
Chairman Gilman. NOES: Supervisor 1`faXOn
•~°~~age 335. January 25, 1972
I
T,-
January 253 1972 •
Time spent discussing the proposed amendment to ordinance regulating
natices~`to property owners. on zoning matters, Matter placed back on the
agenda for Tuesday, February 1, 1972,
72-159 PUBLIC HEARING: PROPOSED AMENDMENT TO CONSOLIDATED ORDTNAT~E N0. 996 (C-2
GENERAL COMMERCIAL) REGARDING SET BACKS FOR COMMERCIAL BUILDINGS
The public hearing on the proposed amendment to consolidated Ordinance No.
99b (C-2 general commercial) regarding set backs for commercial buildings
from single family residential property lines was held as advertised. Planning
Department requests continuance to February 22, 1972. Jim Lawson, Planning
Director, explained the purpose of this hearingso This matter will be heard
before the Planning Commission on February 3, 1972.
Hearing opened to the public at this time.
Appearing: Mx, Vernon McCath, McDonald Ave., Chico. He read
a prepared statement. He objects to the commercial operations having black
tap paving for parking areas or back top roofing. He feels this increases
the temperatureo He said that between commercial developments and residential
areas there should be a screen planted to obsorb the dust and noised
No other person appeared at this time.
Hearing closed to the public and confined to the Board. Discussed the
landscape buffering. Supervisor Maxon stated that a planted fence would be
an improvement.
Hearing continued at this time. Mro Lawson said he would return
next iaeek with the ordinance that sets out the existing provisions.
Placed on the agenda for Tuesday, February 1, 1972 for discussion.
72•-160 CONTINUATION OF HEARII&~ -- INTENTION TO REPIAM,`s COiTNTY HIGHWAYS
At the request of Supervisor McKillop, the hearing on intenti,nn to
rename county highways w:z•s again continued to February 8, 1972 at 1:30 p.m.
72-151 ADOPT RE50LfT9'J_ON 72-19 AMENDIN:; RULE 7,5 AND ADDING SECTION 27 TO THE
RJLES OF TIL3 BUTTE COUNT'r A55ESSMENT APP~3~LS BOA,'2D
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
unanimously carried, Rersolution 72-19 amending Rule 705 and adding Section 27
to the Rules of the Butte County Assessment Appeals Board coos adopted and the
Chairman was authorized to sign,
72-162 AUTHORIZE BILL_OF SALE (ORD BEND FE RRX) TO BE EXECUTER BY THE BOARD
On motion of Supervisor Gilman, seconded by Supervisor Reynolds and
unanimously carried, the Chairman was authorized to sign the bill of sale
for the Ord Send Ferry.
72-163 AUTHORIZE GRANTING OF RELIEF UNDER SECTION 20-41 OF THE BUTTE COUNTY
CODE FOR MR. AND MRS, CLARENCE L. SELLS
pan Blackstock, County Counsel, reported to the Board regarding the
request of Mr. and Mrs. Clarence Lo Se11s for relief under Section 20-41 of
the Butte County Code (Ordinance Noo 1191). This relates to a parcel of
land that had been divided. Mro Blackstock has discussed the matter with
Mx. Toussaint, Health Department sanitarian, and with Robert Rutz, attorney
for applicant. There appears to be no Health Department reasons why this
permit cannot be granted and a sep~aget~~~.permit issued. Matter discussed.
~ January 25, 1972
January 252 1972
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
On motion of Supervisor McKillop, seconded by Supervisor Maxon and
unanimously carried, the Board granted relief under Section 20-41 of the
Butte County Code (Ordinance No, 1191) for Mr, and Mrs. Clarence L. Sellso
RECESS: 3:00 p.m.
RECONVENED: 3:15 p.m.
72-164 DISCUSSION: ORDINANCE ON LOT SPLITS (AB 1301)
Dan Blackstock, County Counsel, summarized the rough draft of the
proposed ordinance for lot splits, He pointed out the changes that had
been suggested. Proposed ardinance discussed.
It was suggested that County Counsel met with Clay Castleberry, Director
of Public Works, and come up with suggested standards for the resolution.
George Chames spoke on the proposed ordinance, He felt that Mro Blackstock
had reviewed the recommendations very sell. He said the committee was
disappointed because they did not see the proposed ordinance until last
night. They took action after a discussion of the proposed ordinance. The
vote was 8°1 for approval of the proposed ordinance, based upon three
assumptions: (1) That the standards be adopted at the same time that the
ordinance becomes effective. (2) That the standards that are adopted be
the ones that were recommended by the Committee. (3) The Committee desires
to review and report on the standards before they are adopted, (4) The
standards should be presented to the public to consider at the public hearing.
Mr. Castleberry stated that Mr. Chames committee worked hard on the
standards, The standards can be prepared in rough draft form by next week.
Matter continued to Wednesday, February Z, 1972 at 8:00 p.m, in the
Boardroom.
72-165 PUBLIC HEARING SET:.PROPOSED REZONING FOR AREA IN PARADISE
A public hearing was set for Tuesday, February 15, 1972 at 1:30 p.mo
on the proposed rezoning from "A-2 limited" to "S-2" (minimum density
suburban residential) district for property generally described as being located port
and south of Roe Road, west of Libby Road, Paradise.
72-166 CONTINUED: SEQUOYA_H ESTATES SUBDIVISION TENTATIVE MAP
Approval of the Sequoyah Estates Subdivision tentative map, 19 lots on
Sequoyah Avenue extension, west of Zuni Avenue, south of 12th Avenue, north
of 11th Avenue, being a portion of Lots 20, 21, 27 and 28, Bidwell 4th
Subdivision, Chico, was discussed and continued to February 8th, 1972 at
the request of Everd A, McCain, due to a drainage problem>
72-167 APPROVAL OF REVISED TENTATIVE MAP: RAMADA PLACE SUBDIVISION UNIT NOo 4
On motion of Supervisorl~cKillop, seconded by Supervisor Madigan and
unanimously carried, the Ramada Place Subdivision, Unit No. 4, revised
tentative map, 1 lot, zoned "C-1'; located on the northeast corner of East
and Ceres Avenues, east of North Avenue, Chico, was approved, subject to
conditions listed within the Subdivision Committee's report dated January 6, 1972,
72-168 ACTyC' DE2~AYED: SHERWOOD FOREST SUBDIVISION, UNIT N0, 3 TENTATIVE MAP - 12 lots
The tentative map of Sherwood Forest Subdivision, Unit No. 3, discussed,
They request approval of (1) exception to subdivision ordinance to allow
28 ft. street widths plus curb and gutter instead of the 32 ft. width with
age 337.
January 25, 1972
January 25, 1972
curbs, gutters and sidewalks; and (2) approval of map, subject to conditipns
listed within the Subdivision Committee's report dated January 6, 1972.
This is located out in the West Paradise area. Mrs, Best has requested that
action be delayed in this matter until she could be present. This whole
area has been under an interim ordinance. Matter discussed.
Action put over one week to Tuesday, February 1, 1972.
72•-169 AUTHORIZE WAIVER OF FEE FOR USE PERMIT
On motion of Supervisor McKillop, seconded by Supervisor Maxon and
p unanimously carried, the Board authorized the waiver of $25 fee for use permit
~ ~•~ application with Hudson Oil Company's request to reduce the County setbac~C
requirement to place a sign on the northeast corner of East Avenue and
Esplanade, identified as AP 44-10-28, Chico.
72-170 APPROVE WELFARE DIRECTOR"S RE VEST FOR SPECIAL BHI RATE FOR A CHILH
On motion of Supervisor Reynolds, seconded by Supervisor Madigan and
unanimously carried, authorization was granted for special BHI rate for a
child, case No. 04-40-2831, at $200 per month, as requested by the Welfare
Director.
72-171 APPROVE COOPERATIVE AGREEMENT BETWEEN DEPT. OF WATER RESOURCES, BUTTF~ COUNTY
AND PARADISE IRRIGATION DISTRICT FOR WATER QUALITY CONDITION EVALUATING OF
MAGALIA RESERVOIR DRAINAGE AREA
Howard Toussaint, Health Department sanitarian, presented the cooperative
agreement between the Department of Water Resources, Butte County and Paradise
Irrigation District for evaluating existing water quality condition of the
Magalia Reservoir Drainage Area, The total cost of the project $41,000,
state funding $20,500; P.I,D. $b,333 cash and $7,727 services, Butte County
cash $3,167 and services $3,273. Agreement is being processed through Auditor
and Counsel and should be adopted subject to their approval. Contract
discussed, Supervisor Maxon stated that the County could have had the contract
at less money; he had assurances to this effect.
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
carried, the cooperative agreement between the Department of Water Resources,
Butte County and Paradise Irrigation District for evaluating existing water
quality condition of the Magalia Reservoir Drainage Area was approved and
the Chairman was authorized to sign, subject to County Counsel and Auditor's
approval. AYES: Supervisors Madigan, McKillop, Reynolds and Chairman Gilman
NOES: Supervisor Maxon.
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
carried, Dr. Heindl was designated as the County's representative concerning
the above agreement for the evaluating of existing water quality condition of
the Magalia Reservoir Drainage Area. AYES: Supervisors Madigan, McKillop,
Reynolds and Chairman Gilman. NOES: Supervisor Maxon.
72-172 DISCUSSION: PERMIT FOR CERFaMIC SHOP ON CLARK ROAD PARADISE
Supervisor Maxon asked what had happened to the permit that was approved
for Mrs. Ezaald to establish a ceramic shop on Clark Road, Paradise. There were
two letters received by the Board concerning this permit and they wire referred
to the Planning Department. The letters protested the granting of the permit
but were dated before the action of the Planning Commission, and did not state
they were appealing the decision of the planning Commission. Mr. Lawson stated
that they had sent a letter to Mrs, Ewa 1d stating that the permit was granted.
Discussed; no action necessary.
Page 338,
January 25, 1972
January_25,_1972
72-I73 ADOPT RESOLUTION 72-20 AUTHORIZING APPLICATION FOR GRANT FOR LAW
ENFORCEMENT PURPOSES, CALIFORNIA COUNCIL ON CRIMINAL JUSTICE, TRAINING WORKSHOP
An application is being proposed by the Sheriff for a training grant
on apprehension and detention of disturbed offenders. Application is being
reviewed by Counsel and Auditor. Sheriff Gillick and Howard Casagrande were
present to discuss the application. The Sheriff would sign the application,
Sheriff Gillick explained the application and the training involved. He
said the Auditor's Office was in complete agreement with the application at this
time, Application discussed,
On motion of Supervisor Reynolds, seconded by Supervisor Madigan and
unanimously carried, Resolution 72-20 authorizing the application for grant
for law enforcement purposes and special conditions for a training workshop
on apprehension and detention of disturbed offenders was adopted and the
Chairman was authorized to sign.
72-174 SUPERVISOR REYNOLDS EXCUSE TO ATTENb ANOTHER MEETING
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
carried, Supervisor Reynolds was excused at this time to attend another meeting.
72-175 ADOPT RESOLUTIONS 72-21 22 and 23 AUTHORIZING SALE OF TAX DEEDED PROPERTY
On motion of Supervisor Maxon, seconded by Supervisor McKillop and
carried, the following resolutions were adopted for sale of tax deeded property
by the Treasurer-Tax Collector:
Resolution 72-21 AP 036-40-1-036-0,
72-22 AP 005-22-4-006-0,
72-23 AP 035-19-4-008-0,
located on Claremont Drive,
minimum price $500
located on Normal Street, Chico,
minimum price $50.
located on Ithica Street, North,
minimum price $516.
72-176 APPROVE APPLICATION OF 4-Ii CLUB FOR A DANCE AND CARNIVAL SILVER DOLLAR FAIR
On motion of Supervisor McKillop, seconded by Supervisor Madiigan and
carried, the application of 4-H Club Council for a dance and carnival to be
held at Silver Bollar Fair Ground Saturday, February 5 was approved,
72-177 APPROVE PLACING OF 6 POSITIONS UNDER PUBLIC EMPLOYMENT ACT AT PUBLIC WORKS
Jim Rackerby, Personnel Director, reported to the Board on the status
of Section 5 of the Emergency Employment Act, He said this was the first phase
of the Acto They created 97 jobs. The program has been in effect for 6 months.
There are 6 positions that have not been filled. They have checked with the 6
agencies listed in the report and they have indicated that they do not wish
to fill those positi~zns. It is theBoard's decision to decide whether these
6 positions should be droppedo These jobs have not been listed in the report.
Supervisor McKillop said that if these positions could be filled by Public
Works Aepartment, he would suggest that they be used in Public Works< There
is going to be an increased need in that department. Supervisor Maxon said
these positions could be offered to some of the AFDC unemployed fathers.
It was requested that Mr. .Rackerby get a report from Public Works of their
need for these positionso Mr. Rackerby could contact the Department of Labor
and state that these 6 positions would be filled immediately. Matter discussed.
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
carried, the 6 positions open under the Public Employment Program were
approved to be filled by Public Works Department, subject to justification
Page 339.
January 25, 1972
January 25, 1972
of these six positions by Public Works, and the six positions were accepted
by the County for County use.
AYES: Supervisors Madigan, McKillop and Chairman Gilman
NOES: Supervisor Maxon
ASSENT: Supervisor Reynolds
72-178 REPORT ON MOBILE HOME USE PERMIT AND TAXATION
Clif Nickelson, Administrative Officer, reported on the mobile home use permit
and taxation; copies of the report were distributed to the Board members.
Basically, the report states that there is not an awful lot that the County
can do in this area. It is a State problem, It was recommended that Senator
Mader and Assemblyman Johnson study the matter. Report discussed; no action
taken,
72-179 APPROVE COMMUNITY ACTION AGENCY LEASES
On motion of Supervisor Madigan, seconded by Supervisor McKillop and
carried, the following leases, which were due for renewal as of January 1, 1472,
for the Community Action Ageney, were approved and the Chairman was authorized
to sign:
to Neighborhood Center, 2112 Palermo Road, Palermo for one year at
$40 per month.
2. Neighborhood Service Center, 2494 Houston Street, Oroville afi
$100 per month.
3o Head Start central office, 1558 Longfellow Avenue, Chico at
$135 per month
AYES: Supervisors Madigan, McKillop, Chairman Gilman NOES: Supervisor Maxon
72-180 COURTHOUSE PARKING FACTLTTTES: NO ACTION
R Because of the recent implementation of panting changes by the City,
Administrative Office has been attempting to provide space for "exempt" vehicles
which are based at the Courthouse. Proposed plan and cost estimates were to
be presented at this time, but Administrative Officer stated that they would
hold up the matter for a while. He said they now hoped to make other plans.
Matter taken off the agenda at this timed
72-181 TRAVEL REQUESTS APPROVED
On motion of Supervisor Maxon, seconded by Supervisor McKillop and
carried, the following travel requests were approved:
1. Jim Johanson and Barlow, Auditor's Office, to go to San Francisco
February 1 and 2 on New Era Enterprises inventory matter, One night lodging,
Estimated cost of trip $105. Travel by private car,
2. Bill Lawrence, assistant auditor, to attend the annual Auditors'
convention in San Rafael February 8 through 10, Tcao nights lodging. Estimated
cost of trip $105. Travel by private car,
3. Larry Dansby, Tnvestigator, District Attorney's office, polygraph
operator, to attend the California Association of Polygraph Operators meeting
in San Francisco, February 5 and 6 for in-service training of operator.
Number of nights lodging one. Estimated cost of trip $81. Travel by private car.
72-182 BUDGET TRANSFERS APP ROVED
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
carried, the following budget transfers were approved:
B-23, Paradise Justice Court - $100 from jury and witness expense to equipment
Page 340.
January 25, 1972
January 25,E 1972
B-26-Gridley Justice Court - $100 from jury and witness expense
to office expense
B-27, Pruchasing-Civil Disaster - $7.00 from the publications and
legal notices account to memberships
B-28, Superior Court - $6,000 from jury and witness expense to
professional and special services
8-29, Agriculture/Air Pollution Control - $SOfl from salaries to
office expense within the Air
Pollution Control Budget
RECESS: 4:20 for an executive session
RECONVENED: The Board reconvened at 4:55 following an executive session.
72-183 FORDYCE SICKLES APPOINTED CONSTABLE OF OROVILLE JUDICIAL DISTRICT
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
carried, Fordyce Sickles was appointed to fill the unexpired term of the
0`02. 0~ Oroville Judicial District Constable, said appointment to take effect
February 17, 19720
72-184 DISCUSSION: MEETING WITH SENATOR MARLER AND ASSEMBLYMAN JOHNSON
Mr. Nickelson stated that the Board had requested him a week or two ago
to request that Senator Marler and Assemblyman Johnson meet with the Board,
He asked if Senator Na~eler and Assemblyman John has been invited to the
Northern California Supervisors Association meeting to be held in Chico.
He stated that if they were to be at this meeting, it might be possible to
arrange for a luncheon meeting. Mr. Nickelson will contact them and invite
them to the meetings He will also invite the Legislators from the other
Northern California Counties to attend the meeting and luncheon.
72-185 APPROVE DANCE LICENSE FOR BAiLADORES CLUB
On motion of Super::isor McKillop, seconded by Supervisor Maxon and
carried, the application of Bailadores Club to conduct dances at the Durham
Grange Hall on Saturday nights, for one month, ending January 3i, 1971,
was approved.
Aiscussed the application of the Biggs Volunteer Firemen for a dance
license with the fee waived, They also request that the fee for rental of
the Memorial Ha11 be waived. Matter discussed. Mr. Nickelson will check on
the waiving of the fee for the Ha11o Matter to be placed back on the agenda
for Tuesday, February 1, 1972.
ADJOURNMENT:
There being nothing further before the Board at this time, the meeting
was adjourned at 5:00 p.m. to reconvene on Tuesday, February 1, 1972 t 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK ~ ~ ~ ~ >
~, _
BY: ~ y~Gt~4~„ 9 ~ airman o he Board
Board of Su rvisors Clerk.
Page 3410
January 25, 1972