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HomeMy WebLinkAboutM031472March 14, 1972 STATE OF';CALIFORNiA ) SS. COUNTY 0~' BUTTE ) The Board of Supervisors met at 9:00 a,m, pursuant to adjournment. Present:'; Supervisors Madig,•an, Maxon, McKillop, Reynolds ,a ad Chairman Gilman. Clifton Miclcelson, Adminis~`_rative Officer, Dan Blackstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. Rev. Guy Bennett, United Pentecostal Church, Chico 72 Pledge of allegiance to the Flag of the United States of America Minutes of March 7, 1972 discussed; no action Taken. Supervisor Maxon stated that there had been a motion to adopt the resolution concerning standards; for AB 1301, He feels that this motion should be in the minutes. County Counsel was requestied to examine the minutes and report back to the Board. Action deferred at this timed 72-462 COMMUNICATIONS Mrs, Wilbur A, Ryan, Chico. Sends communication objecting to valuation set on their property by County Assessor and requesting reconsideration. Letter discussed. Referred to the Assessor to respond to the letter. Copy of letter to Mrs. Ryan and Assessor's report to be given to the Board members. R. Lo Waterbury, Gridley.. Postmaster R. L, Waterbury encourages County to expedite their proposed program of adoption of street addresses for ~,y..d rural areas of the Countyo Postmaster Waterbury congratulates the County for their interest in this instance. Referred to Clay Castleberry, Director of Public Workso No action taken at this time. Paradise ;Gold Nugget Days:, Norm Sovereign, general chairman, invites Board to join in gold Nugget Days celebration and specifically in the / ~ ~,d / parade along the Skyway between 2 and 4 p.mo, on Saturday, April 22 .. L''etter discussed. Administrative Officer will write to them and tell them who will attend this parade. Paradise ;Gold Nugget Days.. Chairman Sovereign requests permit to conduct annual Gold Nugget Days Parade on April 22 from 2 to 4 p.m. on Skyway I from Wentz Shopping Center to Pearson, thence to the Paradise Intermediate U SaC~f School. Discussed. Referred to the Sheriff for his examination and approval. County Counsel said this procedure was set up within the parade ordinance. Mr, Castleberry will follow through on the matter. Request referred to Sheriff Larry Gillick. Paradise ;Civic Betterment Association. Mrs. Helynn Hilke, secretary, sends ~ ~ j_v ?~ copies of news articles in Los Angeles paper concerning Assessor Philip Watson proposal to tax mobile homes. Information only. Honey Run', Covered Bridge Association. Mr. McEnespy, president, sends request J, y ~ ~ ~ that the County Public Works Department be designated to handle the `J9" reconstruction of the Covered Bridge. Discussed. This will be further discussed under item 31 of this agenda. Biggs Memorial Hall Committee. Chairman Ray Valvere advises Board that Jim Carter, a committee member, has resigned. The Committee requests L v f !~~` that Richard Baker of Biggs be appointed to fill Mr. Carter's vacancy. '' Discussed, Policy concerning the appointment of veterans only to these Committees discussed. Matter put over one week. State Dep~~rtment of Social Welfare. Dr. Carleson sends copy of information ,\ concerning cost impact on counties for child care centers. information ~~-~,~j U only. Referred to Welfare Director and request that he respond to this matter. State Reclamation Board. General Manager McCollam sends letter and engineering drawings concerning the Board's order to degrade levies on Kimmelshue, J ~ ~''~ Nielsen and Kaimana properties. Discussed, Referred to George Stamm. ~J J I ', Page x+29. March 14, 1972 March_1~,_1972 State Water Quality Control Board. James Robertson, executive officer, requests that County of Butte and City of Chico jointly develop a land use plan d ~ ~ for area surrounding Chico in order to resolve problems such as the California Park, theGrove and Shultz issues which have developed recently. Information; no action taken. State Assemblyman Z'Berg. Sends letter concerning invalidation of the State's C ~ O Forest Practice Act an_d suggests that counties adopt urgency ordinances ~ if logging operations are violating Forest Practice Act criteria. Letter discussed; referred to County Gounsel. City of Gridley. Andrew Muller, city clerk, advises that City of Gridley ~~ Z v ~ ~ has authorized continuation of their agreement to operate the Olympic J ~ Swimming Pool at Gridley through June 30, 1973. Information only. City of Chicoo Barbara Evans, city clerk, sends certified copy of resolution by Gity of Chico requesting that city charter amendment election be consolidated with, the June Primary. See motion following communicationso Pacific Gas and Electric Company. The Company sends notice of application ~ O ~ ~ filed with the Public Utilities Commission to adjust fuel cost compensations in their electric tariff. Information only. Butte County Economic Opportunity Council. Arthur Elmore, executive director, sends copy of notice to Mrs. Wallace Whitney advising her that her ~,O J services are terminated as Head Start Coordinators Administrative Officer explained the purpose of the letter. Discussed; no action taken. Region C, CCCJ. Howard Casagrande sends copy of letter to Glenn County concerning I~~ ~ information requested to develop proposal for regional juvenile hall. f '~"' Information only.''. Mendocino County. Sends resolution in support of Assembly Bi11 35 (McAlister). Resolution concerns the closing of Mendocino State Hospital. They are objecting to the closure of this hospital. Supervisor Reynolds felt this should be looked at very closely. Copies to be made for Board members. Law Offices of Minasian, Minasian & Minasian, Send claim against County of Butte in favor of D. J. Elston in amount of $10,000 plus. for alleged injury incurred in respect to the New Era firewood operations. Discussed. Held over one week at the request of County Counsel. California Supervisors Association. President Dan Grant requests that Butte /-County support the CSAC proposed tax reform program of 1972 and to I O a_ ~S notify CSAC of county's position by April 1. Discussed. Supervisor McKillop will attend the Board of Directors meeting to be held on Thursday and will bring a comp le to report back to the Board. They are looking at taxes at the local level. No action taken. Califo~ia Supervisors Association. Mr. Hogan sends information on Inter- ` d ~.4 S governmental Personnel Act of 1970. Information; referred to Personnel Director. Butte County Local Agency Formation Commission. Chairman Roy McKernan sends resolution approving the esta blishment of County Service Area No. 44 for the purposes of a community sewer system, a storm drain lift system and street lighting. The County Fire Department is also requesting that fire plug installation and maintenance be considered for this service area. County Counsel asked if a petition had been filed in this matter. Discussed the formation. Matter put over one week to allow the petition to be filed. It was requested that the public hearings in this matter be held in Chico. No action taken at this time. Robert A. King. Mr. .King requests that the intexim ordinance (Ordinance 1246) adopted at the Board meeting of March 7th, be rescinded. Matter discussed. Held over until later in the meeting. Waring Hampton. Petition regarding Nord-Gianella Road, Chico. To be discussed later in the meeting. O~ ~G Farris Wall. He requests that a co~nt~ ordinance be adopted dealing with ~' ag 430. March 14, 1972 March 142 1972_ _ wrecked and dismantled cars tli,at appear everywhere in the County. Discussed and referred to Clay Castleberry, Director of Public Works. Office of Economic Opportunity. Requests permission and guidance in amending / 7~~ ~ d program account 05 for program year "G". To be discussed when Mr. Elmore V' is present. CHAIRMAN GILMAN WELCOMED STUDENTS OF LAS PLUMAS HIGH SCHOOL. 72-463 ADOPT RESOLUTTON 72-52 CONSOLIDATING THE CITY OF CHICO CHARTER AMENDMENT ELECTION WITH JUNE PRIMARY On motion of Supervisor McKillop, seconded by Supervisor Maxon and unanimously carried, Resolution 72-52 consalidating the City of Chico charter amendment election with the June primary was adopted and the Chairman was authorized to sign. 72-464 REPORT BY WM, GIANELLI, STATE DEPARTMENT OF WATER RESOURCES, CONCERNING WATER MATTERS Mr. William R. Gianelli, State Airector of Department of Water Resources, thanked the Board and the 'local governmental entities for their assistance during his visit to Butte County. Mr, Gianelli stated that during the Iasi four years several problem; areas have developed because of the Thermalito complex, He said the State hopes that all the problems will be able to be solved, He said he would like to discuss some of the problem areas with the Board; he said he would keep the discussion informal. He introduced Phil Johns, the Oroville Division Chief, He broke the problem areas into several categories. He explained the economic impact on the,Oroville area because of the construction of the complex, They have now been in operation for about four years. Data is being compiled at this time concerning the operation and its impact on the area. He said the State has spent some 6z million dollars in recreation facilities. to date. He said more data would be available on this matter by the end of this year. He said as additional funds become available, the funds wil be made available to the County for more recreational facilities. He gave a brief rundown on the recreational facilities in this area. He gave a brief breakdown on the use of the facilities as follows: 58% Spillway 35% Loafer Creek 5% Forebay North 2% Forebay South He explained ~.he matter of the The~.tnalito Div.:rsion poa".o The State has been having discussi.uns with the Feather River Recreation and Parks District concerning this pool. Mr. Gianelli reported on another problem that they have been bothered with; this concerns the seepage from the Thermalito afterhay, He explained the problem and how it was being handled. They have installed pumps for the purpose of intercepting any drainage water. With the corrective measures that they have been able to make the seepage problem has been pretty well eliminated and they think that this problem has been solved. Another problem relates to the Feather River Fish Hatchery, The hatchery is one of the most modern constructed. He explained the problems that they have had in that area; most of the problems have been overcome. Page 431. March 14, 1972 m~-____--= March=14,=1972-__-_' _____~~ Another problem called=to their attention is the downstream affects from the Oroville Dam, They have been able to work with theCorp o£ Engineers on the flood plain problem and the river depredation. They looked at the Feather River problem yesterday afternoon. Maintenance of the level of the Feather River in the Bedrock area was discussed yesterday. The removal of the Western Canal Dam allowed the water to run down stream. P.G. & E, removed the dam when there was a reluctance by the local government to maintain the dam. The removal of this dam has reduced the level of the water backstream. .According to the Department of Fish and Game, this has caused many fish spawning ripples. The Department has indicated that these ripples have value as far as they are concerned. In talking with the people yesterday, Mr. Gianelli said he understood that the problem locally of Bedrock was the loss of the esthetic value, plus the fact that the condition has encouraged the growth of willows. This can result in difficult access to the river, The ability to use the river for boating has also diminished. The request has been made to study the reconstruction of the Western Canal Dam, He explained how this could be handled; to reconstruct this dam would take approximately one million dollars. He said another possibility was to construct a dam at the Richvale bridge site. He said there were also other possibilities. Mr. Gianelli explained where the water was being sent from the Oroville Dam. Time spent discussing the statements made by Mro Gianelli and by the Board members setting out their views of the problemso Supervisor McKillop stated that the repairs to the Western Dam would have been greater than the costs of building a new dam. The operation and maintenance of a new dam would be less than that of the old dam. The Thermalito diversion pool discussed. On shore recreation would be needed at the site. It was felt that a plan should be developed that the local people could have some in-put to; then a study should be made for the source of funds to develop such a pool, Supervisor Maxon said the County was concerned with the water release from the Lake itself; he asked if this matter could be clarified. Mr. Gianelli said the Recreation people would like the Lake maintained at the same level the year round. Water storage space was needed so there would be a place to store water during the spring run-off from the snow. Mr. Giannelli said the State has been making considerable progress in this matter. He had a chart showing the water releases. He explained the operation of the in-put and out-flow of water in the Lake. Mr. Gianelli said there was some question of whether they would be able to fill the Lake this year. if they do not get any substantial storms soon, it could be that they will be unable to fill the Lake. Supervisor Reynolds stated that this Board was very appreciative of Mr. Gianelli coming to Oroville to speak to the Board. He said he knows that the City of Oroville also appreciates the time he spent yesterday going over the problems of the Feather River, Supervisor McKillop said the Board, also, appreciates Phil Johns work in this area. He has done an outstanding job. Chairman Gilman thanked Mr. Gianelli and Mr. Johns for their appearance before the Board. page 432. March 14, 1972 March 141 1972 72-465 REPORT ON COMMUNITY ACTION`AGENGY GOVERNING BOARD Mr. Art Elmore, Executive Director, reported on the Community Action Agency concerning operations. He reported on the operations of the last month. He said there has been so many hours of training; about 8 to 10 days were used for staff training. This Friday and Saturday they will have Board training; this will be at the Chapman Center in Chico. In Administration .they have several things that they are trying to do. They are working on procedures, They will have revisions to the By-Laws. Vehicle and travel policy .controls are being prepared. He said he was not pleased with the way the government vehicles are being utilized. The Administering 'Board will institute a purchasing and ordering system. They will come up with a system so that they should be able to account for every penny of the money; where it has gone and where it was spent. He explained the financial report. He filed a copy of this report with the Board members. Mr, Elmore said he had approached the administering board with a proposal to cut back the programso He said tee only broached the subject with them; they are not desirous to cutting the programs back. Mr. Mickelson explained the matter of the Federal Government holding back the funds. He said that Bill Lawrence, Assistant Auditor, would speak to this problem. Chairman Gilman said this matter would be considered at this time. Mr. Lawrence explained the financial condition of the Community Action program at present. The letter from Mr. Seely to the Board members discussed at this time. Last year there was some $32,000 of Head Start money that has not been released to the Gountye A administering report had not gone in so the funds have been held back. The report has now gone in and the funds should be received soon. They have not received the O.E.O. money. Time spent discussing the items set out in the letter, It was explained that on the problem of the New Era Enterprise, a gentleman will be here Thursday morning to discuss this situation. A request has been made to change the programs and make cut backs. The Region office has stated that the County can make the changes and present the changes to them for their approval, Whether they will approve the changes will be something else. Time spent discussing cutbacks in the programs. Mro Elmore said he had written his letter lightly; he had to tiptoe, The Region is not accepting the fact yet that the $50,000 will not be available. Supervisor Maxan was requested to attend the Community Action Agency meetings. Mr. Elmore said there was a Board meeting scheduled for March 29th. This should be a joint meeting; the County needs to decide where they are going in these programs. When the extra $50,000 had been applied for, there was an agreement that the O.E.O. programs would have to be reduced by this amount. There has new been a change of heart. Dan Blackstock, County Counsel, stated that the Regional O.E.O. had stated that this money could be paid back over a two year period of time. Supervisor Reynolds said he had a commitment for the 29th of March; he has a meeting with CCCJ. He said if there was to be a joint meeting, Mr, Mercer should be notified and requested to appear to answer questions. ~ Mr. Elmore said he would write to Mr. Mercer and invite him to attend this meeting. It was suggested that the State O.E.O. be notified of some of the problems and request that they be requested to have one of their officials present at the meeting. Supervisor McRillop asked if the meeting could be Page 433. March 14, 1972 March 14,_1972 held on the 30th of March, rather than the 29th, and if it could be held in the Boardroom, rather than in Palermo. Mr. Mickelson was requested to work with Mr. Elmore on the matter. Time spent discussing the date for the meeting. It was suggested that the meeting be set for the 22nd or the 27th of March. Mr. Mickelson will work with Mr. Elmore in the setting of this meeting and will inform the Board members of the date agreed upon. 72--466 AUDITOR AUTHORIZED TO ADVANCE _MONEY TO COMMUNITY ACTION FUND Bill Lawrence, assistant auditor, spoke on the matter of the Community Action fund balance. He said the Auditor needed authorization from the Board to advance money to the Community Action funds. This has been done in the past. Supervisor McKillop felt that the advance should not exceed the $49,891. Mr. Lawrence said the immediate need was to advance enough money to handle the payr, for the employees. Advance discussed, On motion of Supervisor McKillop, seconded by Supervisor Reynolds and carried, the Auditor was authorized to advance money as needed to the Community Action fund, up to the 31st of this month, and that he stay within the restricted budget of $498,91,00, AYES:. Supervisors Madigan, McKillop, Reynolds and Chairman Gilman NOES: Supervisor Maxon. 72-467 STIODENTS QF IAS PLUMAS HIGH SCHOOL GIVEN TIME TO ASK QUESTIONS Chairman Gilman said that the students of Las Plumas High-School would now be given an opportunity to ask questions of the Board members. Pat McLogan questioned the Board concerning the letter from Mr. Elmore, executive director of Butte County Economic Opportunity Council, concerning the noti to Mrs. Wallace Whitney advising her that her services were terminated as Head Start Coordinator. Mr. Mickelson explained the purpose of the letter and the procedures that were followed when an employee was dismissed. He said the student could discuss the matter with Mr. Elmore, Mr. McLogan asked about zoning law:>, particularly abo,.it requests for rezoniaz~ that are denied by Planning Commission. He said there has? been a request to move Tom's Market to I;he corner of Canyon Drive and Olive Highway, The request wa.s denied. He felt that t:1e corner was a better spot for the store than the present locationo He was told L-li:it this Board had held a hearing on that request and because of the opposition by the res.dents in that axea, the request had been denied. The man can bring the request back in a years time. it was explained how the rezoning requests were handled. RECE55: 11:00 RECONVENED: 11:15 72-468 PUBLIC WORKS AUTI{URIZED TO PREPARE PLANS FOR RESTORATION OF HONEY RUN COVERED BRIDGE: APPEARANCE OF REPl~ESENTATIVES OF HONEY RUN BRIDGE ASSOCTATTON Mrs. Sylvia Cook,'representing Mr. McEnespy, president of the Honey Run Covered Bridge Association, stated that the Association would like to work out a method of transferring funds for reconstruction of the covered bridge. Mr. Castleberry stated that the money should be placed in a trust fund for the use of making these repairs. The Association requests that Public Works Department handle the matter. Request discussed. Supervisor Maxon stated that the letter from the Association is quite self-explanatory, He said he hoped that the request could be approved, The County received over $5,000 from the person who had hit the bridge. The County has the right of way for the bridged He feels that this covered bridge would be a real asset to the County of Butte. The Covered Bridge Association has collected funds for. this work. There has been a tremendous interest shown in this matter. Page 434. March 14, 1972 March 14,_1972 On motion of Supervisor Maxon,'seconded by Supervisor McKillop and unanimously carried, Public Works Department was authorized to prepare the plans and the bids for the restoration of the Honey Run Covered Bridge; authorization was given to accept the trust money that the Association has collected when the funds are needed and that these funds be placed in a special account to be used for the restoration of the bridge, and that a letter of appreciation be written to the Honey Run Covered Bridge Association and to Larwin Company, to be signed by the Chairman. 72-469 RECEIPT OF PETITION FOR IMPROVEMENTS TO NORD-GIANELLA ROAD Mr. Warren Hampton, representing a group of petitioners along the Nord-Gianella Road, Chico, stated that they have spent a great deal of time trying to have this road improved. They are appearing today to request that the Board consider these improvements to the road. They do not feel that the road is being maintained in a safe condition. Mr, Hampton explained the condition of the road; he said there was not enough gravel on the road and he felt that oil should be placed on the road to stop the damage to the orchards. Mro Castleberry stated that the Board has looked at this road. Quite a bit of maintenance has been completed on this road. Mro Castleberry said he would not recommend that the Board move money to cover the requested work. Mr. Hampton stated they were requesting that this road be placed on the County's list of road work for the future. He said that if the County could bring the road up to a good gravel road, with a little oil, the residents would be satisfiedo Time spent discussing the request. Chairman Gilman said he has spent a great deal of time in that area. He has had the road upgraded, He said that the work is never enough; he said this gets to be frustrating. Chairman Gilman asked for an estimate of costs per mile to add enough gravel to satisfy these people, Mr. Castleberry said it would cost about $30,000 per mile to place gravel on this road, Others appearing to discuss this request: Mr. Orville Beaver; Mr. Pete Peterson; Harry Hampton, Mr. Gary Hampton. Request discussed; no action taken at this time. 72-470 APPEARANCE OF EVERETT KIMMEISHUE DURHAM: SURVEY FOR CONSTRUCTION OF A T,EVEE Mr. Everett Kimmelshue, Durham, said he was a trustee of Reclamation District No. 21060 They have proposed a plan of reclamation for that area. They propose to build a levee along the east side of the Sacramento River; they proposed to build a weir; they propose a by-pass with training levees to extend below Ord-Ferry Road. They have requested the Corps of Engineers to make a survey so that they could see the actual line where these things could be placed. The Corps has informed them that unless the District has the favorable consent of Glenn and Butte Counties, they will not do anythingo Mr. Kimmelshue said the District would like the Board of Supervisors to endorse a survey being made by the Corps of Engineers so they can find out where they are and if the plan is feasible, One of the Trustees of the District is speaking to the Glenn County Board of Supervisors this morning, This is a request for a survey, not an endorsement of the project, Request discussed. Chairman Gilman said he would not have any objections to the staking of the project; they could better visualize the project that way, The survey would clarify how the people would be affected, Page 435. March 14, 1972 _.,_~..=~~t_~, .. ~March14,.19Z2=_~===_=_==~=,=F Mr. Castleberry was requested to write a letter to the Corps of Engineer, giving consent to the survey but not committing the County to the project. He will also request, an estimate of costs for the survey. He will state that this Board desired to'be on record as not supporting the project. Mr. Castleberry will return this afternoon with the letter for the Chairmans signature. RECESS: 12:15 RECONVENED: 1:30 Absent Supervisors Madigan and Reynolds. 72-471 CONTINUATION OF PUBLIC HEARING: ORDINANCE N0, 99b AMENDMENT The hearing on the proposed amendment to Consalidated Ordinance No. 996 (C-2 General Commercial) regarding set backs for commercial buildings was continued to April 4, 1972 at 1:30 p.m. at the request of Jim Lawson, Planning Director. 72-472 ACCEPTANCE OF DRAINAGE. EASEMENT (EAST AVENUE TO LINDO CHANNEL On motion of Supervisor Gilman, seconded by Supervisor Maxon and carried, the 12 foot drainage easement from Gene M, and Elnora M, Jesse (East Avenue to Lindo Channel) was accepted and the Chairman was authorized to sign. 72-473 APPROVE REQUEST OF MOSQUITO ABATEMENT DISTRICT IN DURHAM, COUNTY PROPERTY ADJACENT TO MIDWAY On motion of Supervisor Gilman, seconded by Supervisor McKillop and carried, the Board approved the request of the Mosquito Abatement Aistrict in Durham for authorization to erect a building and use a portion of the gold highway maintenance yard property owned by Butte County, subject to Public Works and Counsel's review. 72-474 RESOLUTION: PARALLEL PARKING ON ALMOND STREET: DEFERRED At the request of Public Works Director, the resolution for parallel parking on Almond Street was deferred one week. 72-475 APPROVAL OF REVISED EXHIBIT "A" TO AGREEMENT FOR MAINTENANCE OF TRAFFIC SIGNALS AND INTERSECTION LIGHTING ON STATE HIGHWAYS Clay Castleberry, Director of Public Works, reported that due to Oro Dam Boulevard now being a State Highway, a revised Exhibit "A" has been forwarded from the State to provide for sharing of costs of intersection and signal lighting at Oro Dam and Feather River Blvd. Agreement discussed. On motion of Supervisor McKillop, seconded by Supervisor Maxon and carried, the revised Exhibit "A" to agreement for maintenance of tra€fic signals and intersection lighting on State Highways was approved and the Chairman was authorized to sign. 72-476 APPROVE RIGHT OF WAY ACQUISITION AGREEMENTS FOR SALE On motion of Supervisor McKillop, seconded by Supervisor Maxon and carried, the following agreements for sale for right of way acquisition were approved, the Auditor was authorized to issue warrants upon demand of County's escrow agent and theChairman was authorized to sign: Lower Wyandotte Road @ R. DeLong 0.619 ac $951 Total $951 Oro-Bangor Hwy. Oro Dam @ 5th Signals F. R. Devel. Co. 0.021 ac $1,600 $1,400 Total $3,000 Pentz-Magalia Hwy. H. Dawson et al 0 0 Total $2,645 (amendment) 45471-672 Page 43b. March 14, 1972 ~T=~~==___~-~_=March 14s 1972_==_-=_=s= 72-477 ACCEPTANCE OF DEEDS: RIGHT OF WAY ACQUISITION On motion of Supervisor Maxon, seconded by Supervisor McKillop and carried, the following deeds were accepted and the Chairman was authorized to sign the Certificates of Acceptance: Castle Dr. (parcel map) Lower Wyandotte Rd. (parcel map) Castle Drive (parcel map) Stringtown Rd, (parcel map) Skyway @ Magalia Reservoir 51261-70-1 East Avenue 57191-70-1 AP 52-023-15 I. Picchi AP 36-65-38 J, Bruce et ux AP 52-031-4 D. McKinney AP 37-17-45 L. Larson et al Pcl, 1 M. Wahlgren Pcl. 19 McCain & Assoc. 72-478 APPROVE AGREEMENT FOR EXCHANGE-PEARS ON & CLARK SIGNALS 25471-71-1 & ADOPTION OF RESOLUTION 72-53 AUTHORIZING ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN On motion of Supervisor Maxon, seconded by Supervisor McKillop and carried, the agreement for exchange of property for Pearson and Clark signals (25471-71-1) between the County and North Valley Oil Co, - 0.094 (exchange) at no cost was approved; chairman was authorized to sign and Resolution 72-53 authorizing acquisition of real property by eminent domain - Pearson and Clark 25471-71-1 (T4) (Noffsinger) necessary for construction of a county road known as Clark Road was adopted and the Chairman was authorized to sign. 72-479 AUTHORIZE SIGNING OF t3ITCLAIM DEED - LADD L, JOHNSON (MANZANITA AVE. EXT. On motion of Supervisor klaxon, seconded by Supervisor McKillop and carried, the Chairman was authorized to sign the quitclaim deed to Ladd L. Johnson et ux for a portion of Manzanita Avenue Extension (56212-70-1) surplus property. 72-480 CONTRACTOR AUTHORIZED TO SO WORK ON PARADISE PINES COUNTRY CLUB UNITS ~2, 3&4 Clay Castleberry, Director of Public Works, reported on the work to be done in Paradise Pines Country Club Units 1, 2, 3 & 4, He requested that the contractor be authorized to proceed with these units as was previously approved for others, subject to there being no payment on Butte County's part prior to contract award. County Counsel recommended that Public Works be authorized to issue an encroachment permit to the contractor so that the contractor would be permitted to do the work. Request discussed. On motion of Supervisor McKillop, seconded by Supervisor Maxon and carried, Public Works Director was authorized to issue the contractor for Paradise Pines Country Club Units 1, 2, 3 & 4 an encroachment permit to do the requested work, subject to there being no payment of Butte County's part prior to contract award, 72-481 APPROVE PALERMO FIRE STATION CHANGE ORDER N0, 3 On motion of Supervisor McKillop, seconded by Supervisor Maxon and carried, Palermo Fire Station Change Order No. 3, in the increasing amount of $165 was approved, which will delete two wooden sash windows and add two aluminum sash windows was approved and the Chairman was authorized to sign. 72-482 BEQUEST ADOPTION OF ORDINANCES FOR NEW BUILDING, PLUMBING, ELECTRICAL AND MECHANICAL CODES: DEFERRED ONE WEEK The request for adoption of four ordinances, adopting by reference the 1971 Electrical Code, 1970 Uniform Building Code, 1970 Uniform Mechanical Code and 1970 Uniform Plumbing Code was deferred one week, Page 437. March 14, 1972 March 14, 1972 72-483 STATUS REPORT - HOUSE NUMBERING u is Wor s advises that its present unincorporated area housing numbering system has been firmed up (PEP program). Fublic Works is ready to invite all postmasters and fire chiefs to a meeting. This meeting would give suggestions for direction now as to whether we should work on street names prior to the extensions or additions to the numbering system. Meeting would be within the next 30 days. Information only. 72-484 DISCUSSION: WP 4-202,7 MARYSVILLE-BAGGETT ROAD GRADE SEPARATION STRUCTURES The Board authorized Public Works to apply to the PUC for a place on the statewide priority .list and allocation of funding, Public Works now advises the Board that there are two possibilities of funding this program: (1) through the State PUC with one method of funding as follows: RR 10-15% and the remainder split equally between County and the State PUC. (2) an EDA project with 70% EDA 30% local funding. Public Works is discussing with the railroad the possibility of its assuming local funding or all except the County's share of what a lights and gates project would be. Mr. Castleberry stated he planned to appear before the State Public Utility Commission to speak to the County's cause in this matter. Matter discussed. Mr. Castleberry will pursue the matter, 72-485 MATTERS PRESENTED CONCERNII~IG PUBLIC WORKS: FOR DISCUSSION Chairman Gilman asked Mr. Castleberry how a constituent would go about getting a numbering system for the road in the Durham area. Mr. Castleberry requested that she make herself known to him; he will discuss the matter with her, Chairman Gilman said her name was Mrs. Lewis. Mr. Castleberry stated he would be going to school next week but that Jim Glanders or Bill Sheff would appear as his representative at the Board meeting. The trail at Lime Saddle discussed. Mr. Castleberry said there was a fund for trail development. He said there were other sources that might be available for use, Mr. Lawson said the County was going to have to get things coordinated in this mattex, 72-486 AUTHORIZE DEMAND ON HOWELL ACCOUNT On motion of Supervisor Maxon, seconded by Supervisor McKillop and carried, the Board authorized a demand and reconveyance of deed of trust to Oroville Title Company in order to clear the Hospital account of Deloris Bush Howell in the amount of $286.31, and the Chairman was authorized to sign the demand, 72-487 AUTHORIZE SATISFACTION OF MORTGAGE (V. W. & G, M. VAWTER On motion of Supervisor McKillop, seconded by Supervisor Maxon and carried, the Chairman was authorized to sign the satisfaction of mortgage satisfying that certain mortgage dated the 23rd day of February, 1972, made and executed by Virgil W. Vawter and Ceneva M. Vawter, as mortgagor, to the County of Butte, as mortgagee, in the amount of $1,371.09. 72-488 APPROVE LEAVE OF ABSENCE On motion of Supervisor Maxon, seconded by Supervisor McKillop and carried, a six week non-compensated maternity leave of absence was approved for Mrs. Darlene Klein. 72-489 APPROVE EXCEPTION FROM THE HIRING FREEZE On motion of Supervisor Maxon, seconded by Supervisor McKillop and Page 438, March 14, 1972 ______________March 14s 1972== ________-___ carried, the Board authorized an exception from the hiring freeze for the employing of two extra help clerk II's at the County Hospital, as requested by the Hospital Board of Trustees. 72-490 AUTHORIZE AUDITOR TO INSTITUTE PROGRAM FOR EXTRA HELP PAYROLL DEDUCTION On motion of Supervisor McKillop, seconded by Supervisor Maxon and carried, the Auditor was authorized to institute a program of deducting dues for BCEA extra help employee members. 72-491 TRAVEL RE UEST APPROVED Discussed the travel requests of the Farm Advisor, Dr. Heindl to send Lorna Thompson and Judith Freeman to a crippled childrens' therapy program seminar at San Mateo and the Welfare Director to send Virginia Field and Erma Zink to a Childrens' Protective Services conference. It was felt that the request of Dr, Heindl and the Welfare Director should be held over one week. On motion of Supervisor Maxon, seconded by Supervisor McKillop and carried, the following travel request was approved: 1. Floyd Perry, Farm Advisor's Office, to Modesto to a walnut training conference. One nights lodging. Estimated cost of trip $15. Transportation by County car. 72--492 B1IT.GET TRANSFERS: NO ACTION Time spent discussing the requested budget transfers. Two of the transfers are from the Reserve for Contingencies and would need a 4 member vote, Action delayed one week, 72-493 APPOINTMENT TO CHTCO AREA PLANNING ADVISORY COMMITTEE: ACTION DELAYED ONE WEEK Upon request of Chairman Gilman, appointment to Chico Area Planning Advisory Committee was put over one week, 72-494 APPOINTMENT TO MENTAL HEALTH ADVISORY BOARD• PUT OVER ONE WEEK The appointment to fill the vacancy on Mental Health Advisory Board due to unexpired term of Ernest Hatch was put over one week. 72-495 HOWARD TOUSSAINT AUTHORIZED TO NEGOTIATE WITH CITY OF CHICO FOR SERVICES TO SEPTIC TANK PUMPERS Howard Toussaint, sanitarian-Health Department, appeared to discuss the Northeast Chico sanitary problems. He presented a memo to the Board members concerning the problems. The unincorporated area over the past years has depended upon septic tanks. The North and Northwest areas of Chico have become quite urbanized. It is anticipated that urban growth. will continue. Mr. Toussaint set out the zoning in the area. The Health Department recommends that the area not be dependent on individual sewer systems. There should be a sanitary sewer line to handle this area, connected to the system operated by the City of Chico. The Health Department recommends that theBoard take action to start a program for a sewer system in this area. Recommendations within the report set out and discussed, Mr. Toussaint stated that the North-east Plaza area was located in a soil typ that is unsuitable for septic tanks. There are malfunctioning systems in this area. This area should not be developed further until a sewage system is developed.' Time spent discussing the report and recommendation of the Health Department. Mr. Toussaint said the Health Department was concerned with the whole_ North Chico area, Mr. Toussaint said he would be happy to have this referred to the Area Planning Commission. It was felt this would be better discussed at the City-County meeting. Supervisor McKillop suggested that this matter be placed on the agenda for the City-County meeting, This is a problem that needs immediate thought, Page 439. March 14, 1972 March 14,_1972 Mr. Toussaint submitted another memo relating to septic tank pumpers. People in the Chico area have no place to dump their trucks, The only way the problem could be solved would be to request that these people go to the closest sewage treatment plant. Mr. Toussaint could negotiate with the City of Chico for these people in the Chico area. On motion of Supervisor McKillop, seconded by Supervisor Gilman and carried, Howard Toussaint was authorized to negotiate with the City of Chico for.an agreement that would permit septic tank pumpers in the Chico area to dump into the Chico sewer system. 72-49b DISCUSSION: MIGRANT HEALTH GRANT PROGRAM Dr. Heindl reported on the letter terminating the Migrant Health grant. The grant is to be terminated December 31, 19720 Dro Heindl explained ~'he background of this program. She set out the order of the memos that have gone across her desk, She stated she had sent letters to the Congressmen fxom this area, Senator Tunney took it upon himself to write to the head of HEW. She received a directive from the State. The stress will be on a clinic in a high density development. Dr. Heindl stated that she might be a~1e to receive funds to continue the program to July, 1973. She reported that the State Health Department was going to try to use State funds to continue these clinics. They feel as strongly as she feels about this matter. Dr, Heindl`s suggestion was that maybe the Board would be interested in talking to the other counties that are involved. Dr. Heindl feels that these clinics should be continued. Supervisor McKillop questioned Dr. Heindl about the third party payment. Third party payment explained by Dr. Heindl. Dr. Heindl stated that the State had agreed to participate until July 1, 1973. The Board felt the County should secure some in-put fxom the other counties affected. The Board requested that they be given all the information she can secure regarding this situations No action taken at this time. RECESS: 2:50 RECONVENED: 3:08 72-497 REPORT ON MEETING WITH DEPARTMENT 6F HEALTH CARE SERVICES ON COUNTY MEDI-CAL CONTRIBUTIONS F. H. Seely, Auditor, briefed the Board on procedures necessary to develop information required by the State Health Care Department. He sent the Board members a memo on this matter. He reported that a crew had arrived this morning; they are going through the records. Mr. Seely felt that the County`s contribution would be less than $200,000, Matter discussed; no action taken. 72-498 AUTHORIZE PROGRESS PAYMENT (BUTTE COUNTY FAIR RESTROOM FACILITIES) On motion of Supervisor McKillop, seconded by Supervisor Maxon and carried, pr~~re~s nay~nent for the Butte County Fair restroom facilities to Deakins Construction Company was authorized in the amount of $i1,069.T0. RECESS: The Board recessed at 3:15 to hold the interviews of applicants for directorship of Feather River Recreation and Park District RECONVENED: The Board reconvened at 4:22 following the interviews. All Board members present at this time. 72-499 APPOINTP?F?sT OF DIRECTOR. OF FEATHER RIVER RECREATION & PARK DISTRTCT Supervisor McKillop reported on the interviews of the five applicants for the position of Director of the Feather River Recreation and Park District. He said that all five applicants were good men. Page !~¢0 March 14, 1972 N~arch 14, 1972 On motion of Supervisor McKillop, seconded by Supervisor Maxon and unanimously carried, Denton G. Bungarz was appointed director of the Feather River Recreation and Park Aistrict, to fill the unexpired term of Robert Bran&t, 72-500 PUBLIC HEARING: REZONING APPLICATION OF FRAZER LOVETT. PARADISE The public hearing on the Frazer Lovett rezoning petition denial was held at this time. Jim Lawson, Planning Director, summarized the actions of the Planning Commission. The Planning Commission recommended denial of the rezoning. The request was for a change from A-R to A-2, Mr, Lovett said he would take the A-2 Limited zoning, if the Board approved it. The Planning Commission recommended that this property not be taken out of the A-R District. Dan Blackstock, County Counsel, read the Government Code section regulating these matters. Discussed whether this could be heard on a A-2 Limited basis. County Counsel stated that the proper action of this Board would be, if they find that they want this property to be zoned as an A-2 Limited district, refer the matter back to the Planning Commission for their consideration and report. Time spent discussing action that should be taken at this time. Public hearing opened to the public at this time, Appearing in favor of the granting of the rezoning request: 1. Mr. Frazer Lovett, applicant, He requested that his request be changed to an A-2 Limited zoning. He explained his reasons for requesting this rezoning. He desires to live on this property and to have his business conducted from this property. He builds garages for mobile home owners. He felt that this would be a permissable business. 2. Mrs. Marjorie Cox, Paradise. She felt the Board should approve the rezoning. Appearing in opposition: 1. Mr. Robert Vaughn, Clark Road. He set out his reasons for opposing the rezoning. He feels that the area should remain an A-R (Agricultural-residential) area, Mx. Lovett spoke in rebuttal to statements made by Mr. Vaughn. k[earing closed to the public and confined to the Board. Action to be taken discussed at this time. County Counsel explained how the matter should be handled. On motion of Supervisor McKillop, seconded by Supervisor Maxon and unanimously carried, the rezoning request of Frazer Lovett was referred back to the Planning Commission for their consideration of a A-2 Limited zoning. ban Blackstock, County Counsel, asked the Board if they were requesting a opinion for a straight procedure of planning matters. Supervisor Maxon said he felt these problems were at the Planning Department level. No action taken. 72-501 REPpRT BY EVERD MC CAIN & ASSOCIATES: COUNTY SERVICE AREA N0. 42 (WEST PARADISE ACCESS~~ Everd McCain stated he did not have his written report, but that the written report could be presented later. Discussed whether the oral report should be given at this time. It was asked if there was a problem time-wise. Mr. Blackstock explained the matter of timing in this matter, Mr. McCain gave his,oral report at this time. He said this would be Page 447.. March 14, 1972 _______________March=14,=1972 =___~____-_____- final report, with the exception of the hearings. He gave the background of the selection of the alternate routes into the area. They made the origin and destination study in January.' He explained the method used in the study. He set out the routes investigated, There were four basic approaches to the selection. Skyway approach explained, Desirability factor explained. He stated that routes D & E were the best routes but that he felt Route E, Olive Road, is the most desirable, The next factor was where remote services want to go - ioe.- Paradise Irrigation District, Fire trucks, mail deliveries, etc. They again favored Routes D & E, with strong emphasis on E, He explained the procedures they followed to arrive at the routes that they would recommend. It was felt by all procedures that Route E has the best economics. They recommend that Route E be the one that should be constructed, He went over the proposed routes and the benefit of each, also the problems involved with each, He explained the matter of access roads into the area, Mr. Castleberry requested that Mr. McCain explain the matter of a 600' cul-de-sac street. Mr. McCain stated that if a developer wanted to extend beyond the 600' cul-de-sac, the County should say "No", He stated that Assessment District proceedings could be used to put in loop roadso He said he would have the financing part of the report typed and present copies to the Board members, He said he would recommend Route 2-Ee Matter of financing could be handled in four different ways. Funds could be taken from the Butte County General Tax rate; County Service Area No. 38 could be used to assist in the financing of a Master Storm drainage plan, Special Assessment District could be used as the roads would be for the benefit of the people in the area. Assessments could be placed on the properties from -0- to $1400 per acre. Additional funds could be obtained from the residents of the West Paradise axea, The people in the area would have a safety factor, Zones of benefit explained. There would be 3 zones of benefit. Mr. McCain explained how the road could be finances; it could be spxead over a 3 year period of timed He explained the steps that should be taken to start the establishment of a service area, He said that when the County gets to the point of actual construction of the road, he would suggest that .the money be advanced. Mr. McCain said he would have a written report by next week for the Board members. No action taken at this time. 72-502 RESCIND ORDINANCE N0. 1246 INTERIM ORDINANCE FOR ROBERT KING AREA PARADISE The request by Robert King for the Board to rescind their action of the adoption of Ordinance No, 1246, interim ordinance, discussed. The ordinance has been forwarded to Paradise Post for publication, but it has not been printed at this time, County Counsel stated that the ordinance could be rescinded and the Clerk instructed to withdraw the publication. Mrs. Lawrence Wilson, Paradise, read a petition which requested that the rezoning be rescinded as it is not the appropriate zoning for the area. She had 36 signatures of the residents of the area. She explained the problem she is faced with concerning her own property. She has purchased a mobile home to move on the sited They have found out that the County owned 30' of the front of their lots They only have 7450 feet in their lot. They have put in a garage. This was to be their retirement home, She stated that the Health Department has assured her that she has the required footage for a two-bedroom home, The Health Inspector would issue a permit. Time spent discussing the problem of Mrs. Wilson, It was stated that Page 442 March 14, 1972 ______________March 14= 1972=====--_______- the Health Lnspector would issue a permit for the septic tank; he said that there was room for the septic take and for the leach lines. Any decision of this Board would be subjecb to approval by the Health Department. It was stated that even if the Board rescinded the Ordinance, Mrs, Wilson would be in trouble be~a~~se gf the lot size. Mr. Castleberry said he would look into her problem and will report back to the Board. On motion of Supervisor Reynolds, seconded by Supervisor Maxon and unanimously carried, Ordinance No. 1246 was rescinded and the Clerk was instructed to withdraw the publication of the ordinanceo 72-503 DISCUSSION: PUBLIC DEFENDER CONTRACT Supervisor McKillop stated he would like to have Clif Mickelson and County Counsel write a letter to Mr. Loyd Mulky, President of the Bar Association, and request that the Bar Association review the Public Defender Contract. He said the letter should request that they bring back various alternates in the matter. He wants an evaluation of the present system, as they see it. Supervisor McKillop said that if they want to propose another method, they should put it in writing. Supervisor McKillop said he would like this to be done right away. Tf the Bar Association has any alternate methods to suggest, the costs should be at the $150,000 figure or less. Mr. Blackstock will write the letter and request that the Bar Association make their recommendations to the Board of Supervisors. AD.TOURNMENT: The Board adjourned at 5:20 p.m, to reconvene on Tuesday, March 21, 1972 at 9:00 a.m. O ATTEST: CLARK A. NELSON, COUNTY CLERK By' C airman of e a d Board of ~tpervisors Clerk Page 443. March 14, 1972