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April 18, 1972
STATE OF CALIFORNIA )
5S,
COUNTY OF BUTTE }
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Madigan, Maxon, McKillop, Reynolds and Chairman Gilman.
Clifton Mickelson, Administrative Officer, Dan Blackstock, County Counsel,
and Clark A. Nelson, County C1.=_rk, by Margie Catt, Board of Supervisors Clerk.
INVOCATION: Pastor Delbert Curry, Seventh Day Adventist Church, Oroville,
Pledge of allegiance to ti,e Flag of the United States of America
72-660 APPROVAL OF MINUTES
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
unanimously carried, the minutes of April 11, 1972 were approved as mailed.
72-661 CODITYUNICATIONS
James W. Wilson, Roseville. Mr. Wilson requests relief from the provisions
of the, setback ordinance requirirr„ 60' roadway access on his piece
of property on Central House Road in southern Butte County. Director of
Public Works explained matter, Referred to Publie Works and Planning.
Danielle D. DelRosario, Orovilla. Mrs. DelRosario resigned fro.» the Welfare
Department on February 29, 1972 and writes regarding the method of
~f ~ 3 ~ v payment o,° her salary. She evidently feels that her specified salary
/ on the monthly basis of one figure does not jibe with the bi-weekly pay
figures and she cannot reconcile them. Referred to Personnel Director
and Auditox.
Invest-in-America. The organization solicits support in the form of a
~ ~ resolution to be adopted by the Board of Supervisors declaring April 30
f b S~ to May 5 as "Invest-Tn-America Week." Board concurs with resolution but
their policy is not to proclaim special weeks. No action taken,
Donald J. Black, agric~.cltural commissioner. Mr. Bla~.k forwards copy of the
1971 Agricultural Crop Report for Butte County. Discussed. No
action taken.
Butte County Fish and Game Commission. Mr. Mercer, secretary, responds to a
request from "Keep Ca~.ifornia Green, Inc." for Funding and states that
the Fi.>h and Gama Commission are opposed to granting any funds from
the Butte County Fish and Game preservation fund. Discussed. Administrative
Officer will inform "Keep California Green, Inc," of action in this matter.
Reclamation District No. 2106. The Di"strict expresses thanks for the Board's
5 ~ letter to the U.S. Corps of Engi:zeers requesting the survey and staking
~ ~ D along tare Sacramento River. They forward copy o.f: the District's
resolution setting forth details of the study plan for information.
County Supervisors Association of California. The Association sends three items
~ of correspondence: (1) regarding the tax reform plan sponsored
d O~tDS by CSAC (AB 1000); (2) AB 77 state budget action for 1972-73;
(3) Assembly Constitutional Amendment No. 96 (reapportionment). Copy
attached to letter. Discussed. County Counsel will send Board members
copies of Assembly Constitutional Amend. No. 96. No action taken.
,/ ~ Ov alifornia Division of highways. The Division sends notice of intention to
/`~' relinquish highway right of way in the County of Butte. Director of
`7~ Public Works reported on this item. No action necessary at this time.
Office of Economic Opportunity, San Francisco. A telegram from Richard W.
White, Jr, announces release of $93,500 of grant and that check should
,,, (r 0 ~ be received in about ten days, also that new dates are being
d-O established for compliance with special conditions. Reported that
check has now been received, No action necessary,
Page 494.
April 18, 1972
___ _____________April=18,=1972 =_____________
Department of the Army. The Department forwards notice of cancellation
of lease at 2374 Montgomery Street, Oroville (Memorial Hall) effective
/ ~ Q,~ ~ May 12, 1972. Discussed, Administrative Officer will follow through
on the cancellation.
Department of the Army. The Department forwards copy of environmental
impact statement for Sacramento River $ank Protection Project and
re uests review and comments by June 10 1972. Discussed. George Stamm
~o5~vi
jp~,3
~0
q
to repoxt to the Board on this matter. It was felt that it was
imperative to stay on this matter.
John Jaekel. Lack of funds to put traffic signals north of Chico and other
problems within .the County. Referred to Clay Castleberry for
answer,
Lloyd R. Britton, Forest Supervisors, U.
National Forest. Forest service
following communications.
Loyd H. Mulkey, Jr „ President of Butte
Defenders contract report. See
. Department of Agriculture, Plumas
roads coordination, See discussion
County Bar Association, Public
discussion following communications.
72-662 DISCUSSION: MUTUAL ROAD PROBLEI?S, FOREST SERVICE ROADS, APPEARANCE OF
REPRESENTATIVE FROM PLUMAS NATIONAL FOREST
~ o 3~ Supervisor Reynolds reported on the meeting that was held to discuss
f mutual road problems with the Plumas National Forest, for the need for
coordination between development of public and private lands. Supervisor
Reynolds stated that Mr. Lawson, Planning Director, should develope the
general planning of the direction the County was going. It was suggested
that a moratorium study be conducted and gather the information and formulate
the policies so there will be a policy to follow. The Planning Commission
and Public Works would then have the policy of the highest and best use of the
area, Supervisor Reynolds and Supervisor Madigan said they would like to
have the County people meet with the Plumas County representatives and
representatives of the Plumas National Forest and bring back something formal
so the Board could make a determination in the matter. Supervisor Reynolds
said there would be some County cost regarding this study.
Clay Castleberry, Director of Public Works, said that two weeks would
give them a chance to make a recommendation but would not be long enough
to make a,thorough study of the situation, Mr. Castleberry explained the
feelings of the Forest service in this matter. These are not public roads.
The roads are built by the forest service for fire prevention and to bring
timber out of the forests. A determination should be made as to whether the
roads are sufficient for acdess. Time spent discussing whether the roads
were subject to closure.
At this time, Mr. Castleberry was handed. the problem with the request
that he report back to the Board in two weeks. The planning staff should give
outline of what should be considered as timber property.
Mr. Dick Carson, representing the Plumas National Forest, said he
was present to answer any questions the Board might have. Supervisor McKillop
questioned Mr. Carson as to whether this was a Statewide activity. Mr. Carson
said it was being handled throughout the State. They have been told to look
closely at private land development and its impact on Forest land. Mr. Carson
said they would meet with Mr. Castleberry at any time he sets.
72-663 DISCUSSION: PUBLIC DEFENDERS_CONTRACT_
The letter from Loyd H. Mulkey, Jr,, President of Butte County Bar
~d Association, read at this time. It was felt that a decision should be made
regarding the continuance of the Public Defenders contract.
r
Jerome Warren, Attorney at Lmta, was present to discuss the contract.
Page 495.
April 18, 1972
_ _ _ _ _ _ _ _ _ _ _ _ _ _ ~Apri 1=1fl , =1Q 72 = _ _ = _ _ _ _ _ _ _ _ _ _ ~ _
The present contract is between the County of Butte and Mr. Warren. It
was the recommendation made at the Bar Association meeting that the contract
continue on a month to month basis. Mr, Warren suggested that the report
be considered. He feels that it will take a year to gather the statistics;
at the end of that year the Board could then consider the contract renewal.
The statistic request explained. Mr. Warren stated that there are more and
more appointments of a public defender by the Court.
Supervisor Maxon said he would like to see information compiled and
a study made by the Bar Association. He said a committee should be appointed
by this Board and the Superior Court to study the information so that the
Board and the public would be able to understand the situation.
Dan Blaokstock, County Counsel, explained the costs in these cases.
The State Legislature has passed a bill that the County can charge attorney
feels for those persons that are not considered indigent by the end of the
case. '
Mr. Warren stated that this has become a four man job; they have to
hire another lawyer. All staffing will be on a part time basis if the
contract is not renewed, He said he would like to have the contract renewed
and then make the study so that meaningful statistics could be gathered.
Supervisor Madigan felt the Board should listen to some spokesman
from the Bar Association, He said he could see nothing wrong in having the
study made, The County should have a firm basis for the contract.
Time spent discussing the renewal of the contract. Chairman Gilman
said that at the time the County entered into the contract with Mr. Warren
there was a lot of opinions from other attorneys. Now there is a void of
people to make statements.
Matter placed back on the agenda for Tuesday, April 25, ].972, at
a set time to be determined by County Counsel. There will be a time slot
on the agenda for this discussion.
72-664 LETTERS PRESENTED BY_BOARD MEMBERS
Supervisor Reynolds commented on a letter concerning Welfare
recipients. The State claims that a hearing will not improve the ,condition
of the recipient. Letter referred to Ed Robinson, Welfare Director, with
a request that he report back to the Board on the matter.
Chairman Gilman stated he had a letter from lames W. Lenhoff.
The letter requests that Chairman Gilman sign a designation for Spring
Valley Mine site, Cherokee. This is a recommendation of the Historical
Society. Letter discussed. It was felt that the request should be
investigated to determine whether the public would have access to the
site. Mr. Mickelson was requested to check on the details and report
back. Matter placed back on the agenda for Tuesday, April 25, 1972,
STUDENTS OF LAS PLUMAS HIGH SCHOOL WELCOMED
STUDENTS OF RICHVALE SCHOOL, 8th GRADE GOVERNMENT, WELCOMED
RECESS: 10:00
RECONVENED: 10:15
72-665 PUBLIC WORKS ITEMS APPROVED: RESOLUTION 72-70~UTHORIZING ABANDONMENT
OF PORTION OF OLD OROVILLE-LA PORTE ROAD
On motion of Supervisor Mc~Cillop, seconded by Supervisor Reynolds and
Page 496.
April 18, 1972
4.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ April 181 1972_ _
unanimously carried, the following action was taken:
1. Authorized transfer of balance of funds from WO 365 (Neal Road
Dump) fixed assets to WO 364 (Ord Ranch Road Transfer Station) structures
and improvements, to cover installation of well and pump, architect services
and Contract Change Orders No. 1 and 2 previously approved by Board,
2. Approved extension of contract for Courthouse construction
inspector for two months, from the end of April to completion of the job.
3. Accepted the work of Deakins Construction Company for the
construction of the Gridley fool dressing rooms, authorized the Chairman to
sign the Notice of Completion and instructed the Clerk to record said Notice
of Completion with the County Recorder.
4. Approved agreement for sale, authorized Chairman to sign and
authorized Auditor to issue warrant upon demand of County's escrow agent for
following right of way acquisition:
Dos Rios-Larkin Road Dean Williams 0.506 EXCHANGE $1,954 Impr, -0-
Total $1,954
5. Accepted deeds and authorized Chairman to•<sign certificate of
acceptance for the following"right of way acquisitions:
Manzanita Avenue 56212-70-1
Oro-Quincy @ Bald Rock 27561-68-1
Paradise Pines Country Club Estates
~~ 1
Parcel 5 B. Danels
Parcel 2 R. Blaney
Drainage easement Larwin Dev., Inc.
Pentz-Magalia Hwy. (parcel map) AP 5!~-09-16 J. Sparks
6. Adopted Resolution 72-70~authorizing abandonment of a portion
of Old Oroville-LaPorte Road and authorized the Chairman to sign.
7, Authorized fund transfer of small fund balances for WO 5179 (Bruce Road
at Skyway) and WO 1835 (Clark Road @ Apple Tree Lane) to construct and pave
two short turnouts between the passing lane and Neal Road.
72-666 DISCUSSION: INFORMATION ITEMS PRESENTED BY PUBLIC WORKS
Clay Castleberry, Director of Public Works, presented the following
items for discussion:
(1) Procedures for land divisions and parcel maps under
new ordinance amendment,
(2) Health and safety Code relating to mobilehomes (Section 1805I(b))
and garage inspection and permits.
Mr. Castleberry explained the procedures for land divisions and parcel
maps, He said there were some drainage problems on one or two o€ the splits.
He said the procedures were working rather well. He stated that Public Works was
not being requested to make inspections on mobile homes outside the parks.
The section concerning repairs or alterations discussed. Mr, Castleberry said
he would make available the new requirements for interested persons. Information
will be made available to the people, He said he hoped that the press would
carry information on this matter as it is imperative that this information
be given to the people. An electrical permit is required for mobile homes.
County Counsel will prepare an opinion this week concerning whether
accessory buildings need to be inspected, Mr, Castleberry will meet wiCh
Supervisor Maxon and explore this matter,
Mr, Castleberry stated that the Nord-Gianelli Road has been a concern
Page 497.
April 18, 1972
April 18, 1972
to all the County. A land owner has given the County some gravel and Public
Works will place the gravel on this road, Presented for information only.
72-667 ADOPT RESOLUTTON 72-71 AUTHORIZING ACQUISITON OF REAL PROPERTY BY
EMINENT DOMAIN NECESSARY FOR CONSTRUCTION OF A COUNTY HIGHWAY KNOWN AS
BRUCE ROAD EXTENSION (H. COURTNEY BENEDICT & DOROTHY POND BENEDICT
On motion of Supervisor McKillop, seconded by Supervisor Madigan
and unanimously carried, Resolution 72-71 authorizing acquisition of real
property by eminent domain necessary for the construction of a county
highway known as Bruce Road Extension in the County of Butte, State of
California (H. Courtney Benedict and Dorathy Pond Benedict} was adopted and
the Chairman was authorized to sign.
72-668 ADOPT RESOLUTION 72-72 AUTHORIZING AUDITOR TO ACCEPT WITHOUT PRIOR APPROVAL
OF BOARD TO REPLACE TIME EXPIRED WARRANT '
On motion of Supervisor McKillop, seconded by Supervisor Madigan
and unanimously carried, Resolution 72-72 authorizing County Auditor to
draw new warrants to replace warrants voided under terms and conditions of
Government Code Section 29802 was adopted and the Chairman was authorized
to sign,
72-669 APPROVE._APPOINTME:'~T OF_WILLIAM H. BUNSTOCK, M.D. TO HOSPITAL BOARD OF TRUSTEES
On motion of Supervisor Maxon, seconded by Supervisor Madigan
and unanimously carried, appointment of William H. Bunstock, M.D, to the
Hospital Board of Trustees was approved. Dr. Bunstock's name was submitted
to the Hospital Trustees from the Butte-Glenn Medical Society.
72-670 APPROVE HOSPITAL ACCOUNT TRANSFERS
On motion of Supervisor Maxon, seconded by Supervisor Reynolds and
unanimously carried, the Board approved the following Hospital account transfers:
From Account 110- regular salaries $59,500
To: Account 120 - Extra help $30 000
" 350 - office expense 4,500
" 360 - professional services 25,000
$59,500
72-671 AUTHORIZE ADVANCE STEP_HIRING: BUSINESS MANAGER POSITION AT HOSPITAL_
On motion of Supervisor Reynolds, seconded by Supervisor McKillop and
unanimously carried, the filling of the Hospital Business Manager position at
Range 25.5, Step C, a salary of $1,074 was authorized.
72-672 HIRING FREEZE EXEMPTIONS: HELD OVER ONE WEEK
The requests of department heads for exemptions from the hiring freeze
was put over one week at the request of Supervisor Maxon.
72-673 ADOPT ORDINANCE N0. 1260, AMENDMENT TO SALARY ORDINANCE
On mat ion of Supervisor Reynolds and seconded by Supervisor McKillop
Ordinance No. 1260 amending the salary ordinance, affecting PEP, Hospital,
Public Works and Welfare, was adopted and the Chairman was authorized to sign.
Motion discussed. At the request of the Supervisors, roll on the
motion was held up at this time, until the Personnel Director was present
to explain the ordinance.
72-674 APPROVE SATISFACTI_ON_OF MORTGAGES
On motion of Supervisor Maxon, seconded by Supervisor McKillop and
unanimously carried, the Chairman was authorized to execute a Satisfaction of
Mortgage satisfying that curtain mortgage by and between Norma Jean Deering
as mortgagor, to the County of Butte, as mortgagee, dated February 20, 1962 and
Page 498.
April 18, 1972
_ _ April_1$,_1972 _
- - - - - - - - - - - - - - - - - - - - - - - - - -
satisfying that mortgage dated September 14, 1961, made and executed by
John L. Deering, as mortgagor, to the County of Butte, as mortgagee.
72-675 TREASURER DESIGNATED TO EXECUTE SATISFACTION OF MORTGAGES RELATING TO
MONIES OWED FOR HOSPITAL CARE AT BUTTE COUNTY HOSPITAL
The Administrative Office requested opinion from County Counsel
as to possibility of designating a county officer to have responsibility
and authority to execute satisfaction of mortgages as they relate to monies
owed to the County of Butte for Hospital care. County Counsel's office
has stated that there is no prohibition against such designation. Matter:
discussed, It was requested that a report be presented to the Board periodically
concerning this matter and that the Satisfaction of Mortgages have County
Counsel's approval.
On motion of Supervisor Maxon, seconded by Supervisor McKillop and
unanimously carried, the County Treasurer was designated county officer to
have responsibility to execute satisfaction of mortgages relating to monies
owed for hospital care at Butte County Hospital, and that the Satisfactions
have the approval of CountyCounsel; Chat the Board receive a quarterly report
on said satisfactions.
72-676_ `RAVEL REQUESTS APPROVED
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, the following travel requests were approved:
1. Margaret Walsh, Superior,Court, to attend the California Jury
Commissioners 19th Annual Conference at Fresno Tuesday, May 2 through Monday
May 8, 1972. Three nights lodging. Estimated cost of trip $166. Travel
by private car.
2. Assessor's office- Ted Cleveland, Jerry Showalter, Larry
Leach and Ronald Bigford to attend Course 5-income approach to value held
by the State Board of Equalization in Sacramento on April 24 through April 28, 1972,
This is part of the training required under sections of the R & T Code for the
appraisal staff to retain state appraisal certification. Four nights lodging.
Estimated cost of trip $360. Travel by private car.
72-677 BUDGET TRANSFERS APPROVED
On motion of Supervisor McKillop, seconded by Supervisor Maxon and
unanimously carried, the following budget transfers were approved:
B-86 District Attorney - $5.00 from office expense to memberships
B-87 Planning Commission - $250 from salaries and wages regular to
extra help
B-88 Paradise Justice Court - $6.00 from office expense to fixed
assets
A transfer was authorized in the amount of $102.38 from Reserve for
Contingencies to County Clerk's Budget for a file to handle exhibits for a
trial, as ordered by Superior Court Judge Vandegrift.
72-678 REPORT ON GRTDLEY JUDICIAL DISTRICT INTERIM AUDIT
William Hutchings, Auditor's Office, reported on the Gridley Judicial
District interim audit. Mr. Hutchings made the audit. He stated that the
former judge had been an attorney and had provided his own law library. A
Hero law library will have to be purchased and maintained, Mr. Nickelson said
this matter was being taken care of; they will supply a Deering Code.
Case load of the court set out and discussed. Judge King-had ran
the Court in the manner that he was hiw own clerk. This is frowned upon by
the State. Most of the time of the clerk will be taken up by the court
hearings. This matter should be considered during budget session.
Purchase of the books discussed. Administrative Officer authorized
to follow through on the purchase ~g~t}~ ~ooks.
April 18, 1972
April 18~ 1972_ _
Supervisor Reynolds said he would like to have Mr. Lawrence obtain
a recommendation from Mr. Seely about Judge Dawley's salary. He feels that
this judge should be.paid for the time he spent at the Court. He said he
does clot follow County Counsel's opinion. He said he hoped that something
could be given to the Judge for these extra services. Mr. Lawrence said
he does not disagree with County Counsel's opinion about the salary. It does
seem inequitable that the Judge could be assigned to another County and
receive both salaries. The Auditor's office would suggest that some
arrangement be made with Judge Dawley fo give him some payment for the uae of
his building. This would compensate him somewhat fax his expenses. Under
the curxent arrangement, the County does not pay any rental for the building
used for the court. Matfer discussed. County Counsel and Auditor will study
the matter and will bxing back a recommendation in this matter. Supervisor
Reynolds said he still feels that the Board should make some determination
about the judge's salary. County Counsel said it would be up to the Board to
make a determination. Auditor, County Counsel and Mr. Mickelson will
meet and make some recommmendation in the matter.
72-679 SAFE DRIVING AWARDS PRESENTED
Jim Rackerby, personnel Director, explained the purpose of the
~ d ~ safe driving awards. Safe Driving awards were presented by Chairman Gilman
~~3~ ~ to the following:
25 years: 1. Cecil J. Aldrich
2. Erwin W. Russell
20 years: 1. Donald J. Black
2. Howard J. Toussaint
3. Emery Buschman
4. Melvin E, Richins
5. Milton A. Stewart
15 years: 1. Louis L. Heinrichs
2. Donald L. Nissen
3. Douglas C. Stevens
4, Vincent A, Durate
5. Dorothy V. Harrison
6. Charles McCleary
7. Eddie L, Stovall
8. Nino Calarco
9. Earl Patterson
10, George Stamm
11. Marvin P, Turner
12, Muriel Howard
Public Works
Agricultural Commissioner
Health Bept.
Public Works
n n
n n
Agricultural Dept.
Probation
Sheriff-Coroner Dept.
Hospital
n
ii
Health Dept.
Public Works
Civil Disaster & Water Resources
Public Works
Supt, of Schools
72-680 PRESENTATTON OF PETITION FOR FORMATION OF LIME SADDLE COMMUNITY SERVICE DISTRICT:
ADOPT RESOLUTION 72-73 setting HEARING FOR FORMATION OF THE LIME SADDLE COMMUNITX
SERVICE DISTRICT
Carl Fisher presented petitions for the formation of Lime Saddle Community
Service District. He explained the purpose of the district. He said he hoped
the Board would set a time for the hearing on the formation of the district.
This has been approved by LAFCO,
On motion of Supervisor Maxon, s econded by Supervisor McKillop and
unanimously carried, Resolution 72-73 setting May 23, 1972 at 1:30 p.m.
as hearing date for the Formation of Lime Saddle Community Service District
was adopted and the Chairman was authorized to sign.
72-681 PRESENTATION OF NAMES FOR ADVZ~ORY COMMITTEE FOR PARADISE SERVICE AREA
George Hershey, Paradise, Pr~aget~00a i~~t °f names ~r consi~ation for
April 18, 1972
April 18, 1972
appointment to the Advisory Committee for Paradise Service Area. List
to be given to Supervisor Maxon for consideration. Appointment to be
made next week. Mr. Blackstock, County Counsel, stated he has not been
supplied with a written description of the area for this district.
Mr. Hershey stated that Dan Cook's office was working on the matter.
72-682 REQUEST BY LOW INCOME PEOPLE FOR MEETING WITH BOARD REGARDING
COMMUNITY ACTION COUNCIL _
Fred Frost, Chico, stated that the individuals with him are all
0~ concerned persons. He said there was a great lack of communication between
2~5` the Board of Supervisors, E.O.C. and the Community Action Agency.
He read a letter regarding the request of the low income people for full
attendance of the Board at the Community Action Council on April 26th, to be held
at Central School, Oroville. Netting date discussed; Board members stated
that a public hearing was set for that date and that they would be unahle
to be present. They were asked to change the date of the meeting.
Mr, Frost stated that they were requesting that the Board hold off
any decision on Item 25 of this agenda until after the hearing. Mr. Blackstock
explained the proposal for revising versatile fund budget. He stated that
there was a lack of money and that the Board was going to have to make a
decision soon in this matter. Mr. Frost said the people know of the situation
and they still request that the Board hold off on the decision for the present.
Mr, Frost said the low income people were requesting that the budget not be
cut by the $50,000.
It was agreed that the Board should meet with the people and they
requested that they change the meeting date. Mr. Frost will be back with
another date for the joint meeting. No action taken at this time.
72-683 APPEARANCE OF S, HOAR, SALEM STREET, CHIC O: PROTEST OF TAX ASSESSMENT
Mrs. Hoar, Salem Street, Chico, appeared in protest of the assessed
valuation of her property in Chico. She had an increase in her taxes of 350%,
Supervisor Maxon explained AB 80, which had a tremendous impact on
land assessments. It changed the criteria of how the Assessor assessed property.
She said her home was 45 years old; there are many things that have to be kept
in order.
Dan Blackstock, County Counsel, asked hex if he had checked with the
Assessor to discuss this matter, She said she had discussed the matter with
the Assessor. She was told she could file an application to be heard before
the Board of Equalization, Assessment Appeals Board, during the property time
period.
Dave Vasco, County. Assessor, told her there were several things
available to people. There is the Home Owners Exemption and if they are
over 62 there is a rebate available to them from the State of California.
Protest discussed; no action taken.
72-684 APPROVE AGREEMENT FOR SOPER-WHEELER COMPANY TO BE INCLUDED IN THE
LAND CONSERVATION ACT
Time spent discussing the inclusion of Soper-Wheeler Company properties
in the LandConservation Act. Dan Blackstock, County Counsel, said he would
like to make a few brief remarks to clear up the misconception made last week.
He said the reason he had suggested that the Board delay approval of the
agreement was so that they would have all the factors before them and would
Page 501.
April 18, 1972
April 18, 1972
know what they were looking at regarding valuation technique. He
said he could not tell at a close guess on the number of school districts
that would be substantially affected by the timber lands being included
in the conservation act. He said it had been stated that the Assessor
might 'turn around and re-appraise the land for recreational purposes.
Mr. Blackstock said he had talked to Ed Brown, Assistant Assessor, and
he advised him that it was not the intention of the Assessor to re°appraise
Soper,Wheeler land this year. Mr. Blackstock set out the preserve areas
in the County. The Board members had an opportunity to discuss this
problem last weekend at Weaverville with other county Supervisors.
Supervisor Maxon stated that this taxpayer was merely asking this
Board to abide by the existing law. He said due to the fact that this
Board has already signed timber land into the Act, the law would be to
admit Soper-Wheeler. Supervisor McKillop stated that there are Counties
that do allow timber land with the preserves. Supervisor McKillop said
he had discussed the matter with Counsel for CSAC and he said at this time
there is not any legal reason for th}s County not to allow this type
preserve. The Act was enacted to preserve this open space Land.
Time spent discuss}ng whether the land should be included within
the preserve.
On motion of Supervisor Maxon, seconded by Supervisor McKillop and
unanimously carried, the land conservation agreement between the County of
Butte and Soper-Wheeler Company was approved and the Chairman was authorized
to sign, effective date to be the date of recordation.
Dave Vasco, County Assessor, spoke on the inclusion of the Soper-
Wheeler Company within the preserve. He feels that if the timber is
exempt the company ;hnuld not be exempted for the land. The county should
frown on double exemptions, The Williamson Act was not designed to give
a tax break, it was designed to preserve open space land.
Mr. Kemp, attarney for Soper-Wheeler, stated that the issue today
was not whether the County should reconsider the entire program but whether
Soper-Wheeler qualifies to be included within the program.
RECESS: 12:05
RECONVENED: 1:30
72-685 PARALLEL PARKING ON ALMOND STREET P,- ARADISE
Parallel parking on Almond Street, Paradise, agai.a discussed, as
continued from the April 11th meeting. Clay Castleberry, Director of
Public Works, said he would work with anything the Board wants to approve.
He had made his recommendation last week. A letter from the Paradise Safety
Council read; they suggest that the owner's plan might be acceptable with
certain conditions. Conditions read. Supervisor Maxon said he could live
with this situation as proposed.
Mr. Bennett stated his business was at the corner of Pearson Road
and Almond Street. He explained what he planned to do about the parking.
Mr. Castleberry will amend the resolution to set out the plan as recommended
by Mr. Bennett and the Paradise Safety Council. Matter placed back on the
agenda for Tuesday, April 25th, 1972.
72-686 PUBLIC HEARING: CART. ARENIUS- APPEALING PROPOSED CONDITIONS OF TENTATIVE
MAP FOR PROPERTY LOCATED ON EAST SIDE OF PECK LANE, OFF EXTENSION OF MAXWOOD DR,
~ d PARADISE
)~ 7j ~ The public hearing on the appeal by Carl Arenius of the proposed
1 conditions of tentative map for property located on East side of Peck Lane,
off extension of Maxwood Drive, Paradise, was held as advertised. Jim Lawson,
Planning Director, summarized the actions of the Planning Commission. The
Page 502.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ April 181 1972= _ _ _ _ _ _ _ _ _ _ _ _ _ _
Planning Commission approved the tentative map with conditinns. Mr. Arenius
is appealing the conditions of the acceptance. Mr. Lawson explained the
conditions. Access discussed. '
Hearing opened to the public. Appearing in opposition:
1. Mrs. Helen Hilke, Paradise. Discussed how many parcels the
property could be split into; there are 7 Ar 8 acres in this land split.
She said she was definitely opposed to this matter.
2. Mrs, Katherine Best, Paradise. She read a clipping from
the Chico Enterprise concerning a resolution passed by the Board of Supervisors
concerning these matters, She stated she was opposed to the division of this
land,
Appearing in favor:
1. Mr. Carl Arenius, applicant. He explained the reasons he
was requesting this land division.
2, Mrs. Helen Arenius, wife of the applicant.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Maxon, seconded by Supervisor McKillop and
carried, the Carl Arenius tentative parcel map for property located on east
side of Peck Lane, off extension of Maxwood Drive, Paradise, was approved
with the 60' access to the southern boundary, in a "L'' shape,•with one foot
strips being reserved at the north, south and west side of the access, for
future road development, said access to be off Young Ave.
AYES: Supervisors Maxon, McKillop and Reynolds
N6ES: Supervisor Madigan and Chairman Gilman
72-687 PUBLIC HEARING: A. C. BJORKMAN, APPEALING PLANNING COMMISSION'S DENIAL OF
VARIANCE FOR SETBACK REQUTREMENT, COHASSET ROAD, CHICO
The public hearing on the A. C. Bjorkman appeal of Planning Commission's
denial of a variance for setback requirement, Cohasset Road, ClRico, was held
as advertised. Jim Lawson, Planning Director, summarized the actions of the
Planning Commission. The request was'to drill a well in the right of way.
Clay Castleberry, Director of Public Works, stated he had gone and viewed the
site last weekend. Mr. Castleberry said Public Works recommended that the
applicant be allowed to drill the well within the set-back, but subject to the
conditinns set out in the report. The property owner accepted ail the contions.
Hearing opened to the public at this time. Appearing in opposition:
no one. Appearing in favor: applicant.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Madigan, seconded by Supervisor Maxon and
unanimously carried, the variance from setback requirement from 55 feet to
37 feet from the centerline of Cohasset Road to locate a domestic well
at property located on the east side of Cohasset Road, approximately 1900
feet north of Vilas Road, north of Chico, for A, C. Bjorkman was approved, subject
to the conditions proposed by Clay Castleberry, Director of Public Works.
72-688 PUBLIC HEARING: FRANK 0. CLEGG APPEAL OF PLANNING COMMISSION'S APPROVAL OF
USE PERMIT APPLICATION OF SECO ENTERPRISES, INC. TO CONSTRUCT 188 APARTMENT UNITS
ON PROPERTY LOCATED ON SOUTH SIDE OF LOWER WYANDOTTE ROAD, OROVILLE
The public hearing on the appeal of Frank 0. Clegg concerning Planning
Page 503.
April 18, 1972
- F.
April_18,_1972
Commission's approval of the use permit application of Seco Enterprises,
Inc, to construct 188 apartment units on property located 'on south side
of Lower Wyandotte Road, Oroville, was held as advertised. Jim LaWSAn
Planning Director, summarized the actions of the Planning Commission.
Planning Commission recommended approval, subject to various conditions.
Hearing opened to the public at this time.
Appearing in opposition to the Use permit:
1. Mr. Frank Clegg, 3181 Lower Wyandotte Road, Oroville. He
filed his appeal on the approval by the Planning Commission of the use permit.
Mro Clegg set out his opposition and requested that the use permit be denied,
2. Mr. Charles Conrad. Set out his opposition.
3. Mrs, Frank Clegg
4. Mrso Edna Smith
5. Mr. Lawrence McKeefer, manager of Olive Hills Mobile Home Park.
6, Mrs. Simons, 2997 Lower Wyandotte Road
7. Mrs. Bridgman, Lower Wyandotte Road
8. Mrs. Marie Williams, Lower Wyandotte Road
Appearing in favor;
1. Mr. Stan Sedor, applicant. He set out the project and the plans
for the development. He said these units would not be low cost housing units.
He feels that there is a need for these units. He said they have made the
arrangements to have the sewers tied in with the North Burbank Sewage System.
Mr. Castleberry set out the access roads proposed. A 30' right of way
access was reserved next to the Olive Hills Estate development. That is the
acce~ that was being discussed at the last hearing of the Secoapplication.
Extension of V-C Road was also discussed. Rights of way for access discussed.
xt was felt that the V-C road extension was the better access.
2. Mr. Robert Vietti, 1785 Estates Way, Chico, stated he was one
of the owners of this development, He said an apartment survey was made by
the FHA and the statistics show that the vacancy factor was quite low in
Oroville. Housing is needed in the Oroville area.
Supervisor McKillop spoke to the plot plan for the area and to the
accesses to the development. Mr. Sedor stated it was possible to redesign the
access area. He said they would be wiliing to dedicate either access that the
Board might want.
3. Mr. Bob Lincoln, Estates Way, Chico, one of the developers. He
said they were going through a straight FHA financing loan for this development.
Hearing closed to the public and confined to the Board. Time spent
discussing where the curbs and gutters should be placed and of the traffic
volume on Lower Wyandotte Road. Mr. Castleberry will give a report at a
later date to the Board concerning the traffic projection for the road.
It was felt that the curbs and gutters should be put in on the basis of a
4-lane road.
On motion of Supervisor McKillop, seconded by Supervisor Maxon and
unanimously carried, the Board concurred with the Planning Commission and
appraved the use permit for the Seco Enterprises, Inc. to construct 188
apartment units on property located on south side of Lower Wyandotte Road,
Oroville, subject to the access ~~~~ ~~~ng provided to extend in line with V-C
April 18, 1972
_ _ April 18~ 1972_
Road, and subject to the conditions placed on the permit by the Planning
Commission.
RECESS: 3:15
RECONVENED: 3:30
72-689 PUBLIC HEARING: ROBERT L. BRITTON, PROPOSED REZONING. CHTCO AREA
The public hearing on the Robert L. Britton proposed S-1 rezoning,
West Chico area was held as advertised. This is an appeal of the Planning
Commission`s denial of the rezoning request. Jim Lawson, Planning Director
summarized 'the actions of the planning commission in this matter. The
planning commission recommend denial of the rezoning. This is a portion of
the present interim zoning for that area; the interim zoning terminates
May 24, 1972. Mr, Lawson explained the proposal of the planning staff
concerning the West Chico area. He stated that the Planning Department
were receiving requests almost daily for rezoning of this particular area.
There is a great deal of confusion involved in the matter,
Time spent discussing the request for the rezoning by Mr. Britton.
Hearing opened to the public at this time,
Appearing in opposition:
1. Nina Lambert, River Road, Chico. She supports the denial of the
Planning Commission.
2. Mrs. Marie Cinquini, Chico, She is for preserving the Ag lands.
3. Mr. Chuck Harvey, Chico.
4. Mr. Marvin Turner, Oak Way, Chico.
Appearing in favor:
1. Mr. Robert Britton, Chico.
Hearing closed to the public and confined to the Board. Mr. Lawson
stated that the Soard would be considering the entire West Chico area in
two weeks, Time spent discussing the zoning for the area. Supervisor McKillop
stated that there should be a coordinated meeting with the Planning Commission
and just discuss the zoning for the Chico area. Everyone agrees that the area
should be protected, Mr. La~oson said that if a meeting was held that the
County should extend an invitation to the powers that be in the Chico area.
Chairman Gilman will arrange for the meeting and will report back to the Board.
On motion of Supervisor Madigan, seconded by Supervisor Gilman and
unanimously carried, the Board concurred with the Planning Commission and denied
the appeal of Robert Britton for S-1 rezoning for the west Chico area, as
set out in his application,
72-690 ADOPT ORDINANCE N0, 126h INTERIM ZONING FOR CHICO CREEK-DAYTON ROAD AREA
On motion of Supervisor Gilman, seconded by Supervisor Reynolds and
carried, Ordinance No. 1261, interim zoning a portion of the County of Butte
as an A-3 (Agricultural) District pursuant to Ord, 475, as amended, (Chico Creek-
Dayton Road area as requested by John Robinson) was adopted and the Chairman
was authorized to sign. AYES: Supervisors Madigan, McKillop, Reynolds and
Chairman Gilman NOES: Supervisor Maxon
72-69i APPROVE REQUEST TO MODIFY A CONDITION OF MERRY MOUNTAIN VILLAGE UNIT N0, 4
ROLLEN__WATERSON & ASSOCIATES
On motion of Supervisor Maxas, seconded by Supervisor McKillop and
Page 505. April 18, 1972
April 18, 1972
unanimously carried, the request to modify a condition of Merry Mountain
Village Unit No. 4 (tentative map approved by Board of Supervisors May 18,
1971) was approved as requested by Ro11en Waterson & Associates,
72-692 TENTATIVE PARCEL MAPS APP ROVED
On motion of Supervisor Madigan, seconded by Supervisor Maxon and
unanimously carried, the following tentative parcel maps were approved:
1. Irene Picchi - AP 55-202-.10, 4 lots, east side of Edgewood Lane,
south of Pearson Road, containing 3.88 acres, Paradise, subject to recommended
conditions of the Subdivision Committee.
2. James R. Shipley - AP 55-12-33, 2 lots, 1b00 ft, south of
Roe Road, 350 ft, northwesterly of Foster Road, Paradise, subject to the
recommended conditions of the Subdivision Committee.
3. Charles W. Muncy - AP 24-09-22, 4 lots, north side of Neilsen
avenue and west side o£ Gilstrag Avenue, Gridley, subject to the recommended
conditions of the Subdivision Committee.
72-b93 DISCUSSION: WEST PARADISE ACCESS STUDY: APPEARANCE OF EVERD MC CAIN
REPORT_ACCEPTED: HEARING TO BE SET - Co~r+~j~ ~~+-~~~~ ~ Area 1VO. ~L
Everd McCain, engineer, present at this time to discuss the report
concerning the West Paradise access. Mr. McCain stated he had received help
from the Paradise Irrigation District and from the Paradise Fire District.
He would like to have copies of the report given to these two agencies for
their help in this matter. Mr. McCain will make copies of the report for
the agencies.
Report discussed, Letters from the Paradise Fire District and from
LeMoyne Snyder read and discussed. Mr, McCain explained the recommendation
of the report. Mr. McCain said that the basic question of the route was the
effect it would have on the people and the benefit received by.the people.
It was felt that the procedure should be to have an informal
hearing with all the people involved invited to attend and then put in
all the ideas into one package.
Mrs. Best set out her objections to the recommendation of Mr. McCain.
She felt that Mr. McCain had not fulfilled his contract. She reed a petition
signed by property owners concerning access roads in this area, The petition
requests that the Board reject the report of Mr. McCain and refuse payment.
Petition filed with the Clerk.
Time spent discussing the report and access roads to the area.
Mr, Castleberry elaborated on the recommendation of Public Works.
Mr, Band, Crestmoor Drive, Paradise, explained his opposition to
the report.
On motion of Supervisor Maxon, seconded by Supervisor Reynolds and
unanimously carried, the report of Everd McCain of the West Paradise access
study was accepted, payment was authorized in accordance with the consultant
contract, two copies of the report were authorized to be placed in the Paradise
branch of the County Library for public reference, and that a hearing be
held towards the formation of the district to find out if the people support
the proposed access roads, with a date for the hearing to be set next week.
72-694 COMMUNITY ACTION AGENCY GOVERNING BOARD MATTERS
Mr. Elmore was present to discuss the family planning agreement which
designates the Health Department as delegate agency. He said there did not
seem to be any difficulties with the contract. Agreement explained and discussed.
Page 506.
April 18, 1972
. ~:
April 18, 1972
Dr. Heindl stated she would like to have the approval of the
agreement put over one week so she can discuss the matter with the personnel
director and Mr. Elmore. She said she had expected to hear from Mr. Blackstock
but they held the meeting without advising her of the meeting.
Agreement put over to Tuesday, April 25, 1972.
PROPOSAI, FOR REVISING VERSATILE FUND_BUDGET
Mr. Mickelson said he had met with Mr. Frost and the poor people
that were requesting the joint meeting with the Board. They would like
to meet with the Board on the evening of April 27th if it would be acceptable
to the Board. The Board stated they have a meeting with the Housing Authority
for that evening. Mr. Frost said that was the only evening that they could
meet with the Board. The Board said they would meet on Monday April 24th,
or the evening of the 25th. Mr. Mickelson said he would attempt to get
Mr. Mercer on the telephone to determine if they could be present on the
evening of the 24th or 25th.
Mr. Bosworth reported on the proposal for revising versatile
fund budget. He stated that a meeting was held in Mr. Blackstock's office
and the matter was discussed. The purpose of the meeting was to revise the
program to live within the funds and to look at the possibility of
substituting some kind of services to the program that would substitute
for cash expenditure. There is a shortage of cash. He said there were
3 ways to make up the shortage in cash:
1. Inject more cash in to the program.
2. Cut cash expenditures
3. To substitute non-cash donations for cash
Mr. Bosworth explained the problem involved. To cut cash expenditures
was to cut salaries. Mr. Elmore commented on the meeting. Explained how the
matter could be handled. He explained how the budget could be revised.
Mr. Elmore said it was imperative to cut the program to keep the program
going. He said he would encourage the Board to create interest in the
poor people of the community
Mr. Mickelson stated he had tried to contact Mr. Mercer; he was not in
the office. His secretary referred him to Mr. White. Mr. White informed him
that the Regional EOC was not inclined to have a representative at the
joint meeting. They feel that the problem should be worked out here in this
County.
It was felt that the meeting should be held April 24th or 25th in Oroville.
Supervisor Reynolds felt that Mr. Mickelson should contact Congressman "Bizz"
Johnson and Mr. Sanchez back in Washington and state that there is concern by
the Board about this program; set out what has been done and what should be done.
Time spent discussing a hearing date; April 25th at 7:00 p.m. set for the
joint meeting; to be held at Central School. Mr. Frost said he would contact
his people and determine whether they can be present.
ban Blackstock, County Counsel, stated there was one more item. The
stock from the New Era Enterprise should be assigned to the non-profit
organization.
It was moved by Supervisor McKillop and seconded by Supervisor Madigan
that it is in order to assign the stock and the liabilities to Butte County
Self Starter Trades, Inc.
Motion discussed. Mr. Frost objected to this. He felt that nothing
should be done about this until after the joint meeting. Motion withdrew
and matter placed back on .the agenda for a time after the joint meeting.
Page 507.
4 April 18, 1972
_ r
--________-~====April=l8,^1972 ______________
72-695 PUBLIC HEAIaTH DIRECTOR: DRUG ABUSE CONTROL PLAN & BUTTE COUNTY HOME
HEALTH AGENCY
Dr. Heindl stated that on January 25th the Drug Abuse Control Plan
for 1972 was presented to the Board of Supervisors and copies were distributed.
The Board discussed ana accepted the report, but no formal motion was made
at that time. The State requires written acknowledgment from the Board of Supervisor
of their acceptance of the plan. Dr. Heindl will write a letter to Humane
Relations Agency-Office of Narcotics and Drug Abuse Coordination, indicating
Board acceptance of the Drug Abuse Control Plan and the Chairman will sign
the letter when written.
Dr. Heindl stated she had sent a report of the present status of the
Butte County Home Health Agency to the Board members. She explained the
objectives of the program. She explained the problems involved in this
program. All the nurses are doing home health nursingo There has been an
increase in patient visit relating to mental illness. There has been a request
to have a full time occupational therapist
She explained how the program should be handled at the present time.
She is requesting Board guidance at this time, She feels that home nursing is
a mosfi important aspect in this County; the patients can be released from
the hospitals faster if these services are available to them.
Proposal discussed. Dr. Heindl feels this is a good grogram,
The Board asked Dr. Heindl if a decision had to be made at this time, The
program is still in the black. She said she was presenting the matter for
the Board to take under advisement and that she needs guidance in the matter.
She said she must start developing her budget. She has a medical advisory
committee and they have a limitation of how often the nurse would go to the
homes, Mr. Nickelson was requested to investigate the matter and present a
recommendation to the Board. The recommendation could be presented to the
Board at budget time.
No action taken at this time,
72-696 ADOPT Resolution 72-74 AUTHORIZING APPLICATION FOR CCCJ GRANT
The resolution authorizing application for funding of a project
known as "Community Student-Designed Drug Abuse Program" discussed. .
Howard Casagrande stated that the resolution was desired and needed in
order to obtain the funds for the program, Nr, Casagrande stated that the
program had been approved and he was attempting to get the Resolution to
Sacramento as early as possible. Program explained, He discussed the
matter with the County Auditor and a new cover sheet has been prepared
which names the Auditor as the finance officer.
Harvey Wilson, representing the Butte County School Office, explained
the matter and the drug abuse program.
Application and resolution discussed. This is in coordination
with Dr. Heindl's druge abuse plan.
On motion of Supervisor McKillop, seconded by Supervisor Madigan
and unanimously carried, Resolution 72-74 authorizing application for
CCCJ Grant was adopted subject to approval by County Auditor and County Counsel.
72-697 ROLL CALL ON ORDINANCE N0. 1260 AMENDING SALARY ORDTNANCE
~~ ^ Jim Rackerby, Personnel Director, explained Ordinance No. 1260 which
amends the salary ordinance. This involves the pay rate for students for
the summer youth program from lapsed fends. The ordinance also sets the
salary for eligibility worker, Welfare Departmento The range for this
worker would be 18.0; Ed Robinson, Welfare Director, felt that the rate should
be 20,0. Mr. Rackerby said after a study of the other counties, it was
determined that Butte County would be paying the top wages for these workers
..ti if the Board went along with Mr. Robinson's recommendation. The workers will
- - ,1
Page 508,
- 4nri~ 7A 1479
_ti _.~.
------------====-April=18,=1972 =___=__=_=_=__
not receive a cut in salary; the new people that would be employed would be
hired at the new rate.
Roll call on the motion adopting Ordinance No. 1260: All "ayes".
72-698 APPROVE HIRING FREEZE EXEMPTION k'OR ONE POSITION
On motion of Supervisor Maxon, seconded by Supervisor Reynolds and
~ !~ unanimously carried, the request of Clark A. Nelson, County Clerk, for an
C ~ ~ ' extra help position for the Clerk`s Office was authorized, on the condition
that the person hired would be used 22 or 3 days per week to assist the
Board of Supervisor`s Clerk, exclusively.
ADJOURNMENT:
There being nothing further before the Board at this time, the
meeting was ad3ourned at 6:45 p.m. to reconvene on Tuesday, April 25, 1972
at x:00 a,m.
ATTEST: CLARK A, NELSON, COUNTY CLERK
BY:_ ~ ~,
Board of pervisors Clerk
Page 509.
April 18, 1972