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HomeMy WebLinkAboutM050272May 2, 1972 ST:~'iE Ow CALIFORNIA } SS„ COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a,m, pursuant to adjournment, PreSEnC: Supervisors Mac[.gn~,., Macon, McKillop, Reynolds ail?. Chairman Gilman. Clifton Mickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark A. Nelson, Co~~:nty Clerk, by Maxgie Catt, Board of Supervisors Clerk. INVOCATTON: Rev. W. T. Scott, Wescott Christian Center, Oroville Pledge of allegiance to the Flag of the United States of America 72-746 APPROVAL OF MINUTES On motion of Supervisor Madigan, seconded by Supervisor Maxon and unanimously carried, the minutes of April 25 and 26th, 1972 were approved as mailed with the correction on Pagc 12, to change June 11th to June 13th, and to change Paragraph 10, rather than as stated as Paragraph 11. 72-7147 COMMUNICATIO1dS Thomas L, a!1d Joann Husa, Chico. The Husas write to register prr,test on changing of the zoning of their twelve acres of property west of the Graham Project from A-R to S-2, To be considered at this afternoon hearing. Irvin D. Schlaf, Chico. Mr. Schlaf requests a variance on hi_s property located on HYghway 32 and Meridian Road to place two mobile homes thereon for l13 ~ ~ purposes of quartering employees far security purposes to protect his equipment and inventory. Referred to Planning Dir ector and County Counsel, Ray Warner, Paradise. Mr. Warner states that he has no objection to the proposed development by Dr. Sonntag on Pentz Road. To be discussed at this afternoon's public hearing, Emil Husa, Chico. Mr. Husa writes to protest the change of zoning from A°R to S-H and S-2 in the E1 Monte Avenue vicinity. To be discussed during this afternoon's public hearin;;. Gary H. Strauss, M.D., Paradise. The gttorneys file notice of appeal of action taken by the Planning Commission on April 20, 1972 with respect to the parcel map for Elbert F. Harto Information; to be discussed during public hearing during afternoon session. County of Tehama. The County advises that their Board of Supervisors took action on ~ ~ April 25, 1972 to cancel, effective immediately, reciprocal agreements Q J, made under Section 1475 Health and Safety Code covering treatment of non-residents. They state that the Medi-Cal eligibility standards should be used in providing treatment for non-residents. Discussed; Ed Robinson will report to the Board on the matter. State Board of Equalization. The Board forwards a fully executed copy of amendment to agreement for State administration of our County local sales and use tax ordinance. information; to be placed in the file. U.S, Forest Service - Plumas National Forest. Lloyd R. Britton, forest Q ~ supervisor, writes regarding land exchange involving Associated I ~ ~- Timber Products previously approved by the Board. Information. Superior California Water Association. The Association sends notice of ~ meeting on May 3, 1972 in Red Bluff which will cover the subject ~~,~ matter of environmental effects of water development in the northern section of the State. Information. Jake W. Keeley. Appeal on Use Permit to expand a non-conforming multiple family use, West Lindo Avenue, Chico. Set for public hearing on ~ u May 16, 1972 at 1:30 p.m. l~~j• Page 20 May 2, 1972 May 2, 1972 McKernan & Lanam, attorneys, Paradise. The Attorneys file notice of appeal of action taken by the Planning Commission on April 20, 1972 with respect to the parcel map for Elbert F. Hart. Set for hearing on May 16th, 1972 at 1:30 p.m. John McLaughlin. Transfer of New Era Enterprises stock, County Couasel explained the background of the matter. Self Starter Trades cannot ~-~~d ~ accept or reject something that they have not received. Rauol LeClerk, attorney at law, is handling the matter for New Era Inc. and he is also secretary for Self Starter Inc. Mr. Blackstock stated that the duty was upon the Board to make the transfer, Matter discussed, See motion following communications. ~~ Proclamation. Proclaming week of May 1st as law day. 3udge Vandegrift felt `~P` ~ ~,a 0 that this was particularly pertinent because of the request to have the old bench transferred to the new third court room. Albert N. Edmiston, Jr, Resignation from the Paradise Irrigation District. See motion following communications. Oroville Area Chamber of Commerce. Tnvitation to attend the official dedication of their new building on May 8, 1972 at 4:30 p,m. Charles E. Fry, Protest the issuance of his house number to his next c7 ~ Z © C~ door neighbor. Letter read and discussed. Referred to Public 7 Works Director for handling. Mr. C. E. Yeoman, Protest of taxes, Read and referred to County Assessor, Administrative Officer requested to write letter to Mr. Yeoman and / I ~ a ~ inform him that the Board has no jurisdiction over the assessing of these properties and inform him of the dates that he can file an application to be heard before the Assessment Appeals Board, Paradise Safety Council. Request for pedestrian actuated lights for street in front of the Recreation Center, Letter read and discussed, Mr, a ~,~ ~ Castleberry explained the problem of the crosswalk markings. Chairman Gilman requested that crosswalks be marked in his area. Mr. Castleberry will answer the letter. 72-748 CHAIRMAN AUTHORIZED TO SIGN TRANSFER OF NEW_ERA ENTERPRISES_STOCIC b ~ On motion of SupervisorTReynalds, seconded by Supervisor Madigan L~. and unanimously carried, the Chairman was authorized to sign all transfers of stock of the New Era Enterprises, Inc, stock and to sign the notice to the Butte County Self Starter Trades, Inc., pursuant to the terms of the wood cutting grant, subject to all the rules and regulations of the corporation requirements and subject to County Counsel's approval, 72-749 ACCEPT RESIGNATION OF ALBERT EDMISTON~ JR., PARt1AISE_IRRIGATI_O_N DIST, DIRE_CTOR_ On motion of Supervisor McKillop, seconded by Supervisor Maxon and unanimously carried, the resignation of Albert N. Edmiston, Jr. as director of the Paradise Irrigation District was accepted, with the understanding that a letter of appreciation would be written to him thanking him for his services to the district and to the County. Appointment to fill this vacancy will be made on May 16th. The Board will interview all applicants for the appointment at that time. 72-750 RECOGNI~'ION OF HOSPITAL WEEK It was announced that National Hospital Week would be observed next week. Enloe Hospital is recognizing this week, 2t was hoped that this Board would recognize the importance of this week and allow Butte County Hospital to hold open house and allow people to go through the facility. On motion of Supervisor Reynolds, seconded by Supervisor Maxon and unanimously carried, The Board requested that the County Hospital recognize May 2, 1972 Page 21 --------------- May_2S 1972--- National Hospital Week and allow the public to go through the hospital facility. 72-751 MATTERS PRESENTED BX BOARD MEMBERS FOR DTSCUSSION _ _ ~-Supervisor^Reynolds stated that there would be a meeting tomorrow concerning the planting of Elk in the North Fork area with the Plumas National Forest people. He said he hoped that the people in the county would be in attendance. 72-752_ADOPT RESOLUTION 72-81 IN OPPOSITION TO PROPOSITION NO_ 9 On motion of Supervisor Reynolds, seconded by Supervisor Maxon and unanimously carried, Resolution 72-81 in opposition to Proposition No. 9 was adopted and the Chairman was authorized to sign. Copies of said resolution to be sent to Senator Marler, Assemblyman Johnson and to the Governor of the State of Calif ornia. 72-753 ADOPT RESOLUTION 72-82 EXTENDING TIME OF COMPLETION FOR OROVTLLE DAM BO_T7LEVARD UNDERGROUND UTILITY DISTRICT ~~1 On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, Resolution 72-82 extending time of completion for Oroville Dam Boulevard underground utility district No, 1 was adopted and the Chairman was authorized to sign. 72-754 APPROVE-CHANGE ORDER ~f~l FORBESTOWN ROAD_FAS PROJECT 759(4) On motion of Supervisor McKillog, seconded by Supervisor Madigan and unanimously carried, Change Order No. 1 in the increasing amount of $800 to provide for payment to the contractor for a portion of the salary of an on-the-job trainee as required by the Federal Government was approved and the Chairman was authorized to sign, 72-755 ADOPT RESOLUTION 72-83 DECLARING FOUR-WAY STOP LINCOLN BOULEVARD & PAL_ER_MO_ ROAD_& RESOLUTION_72-84_DECLARING_THROUGH_HIGH_WAYz COLUMBIA AVENUE On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, the following resolutions were adopted and the Chairman was authorized to sign: Resolution 72-83, declaring four-way stop, Lincoln Boulevard and Palermo Road Resolution 72-84, declaring through highway - Columbia Avenue 72-756 ACCEPT DEEDS, RIGHT OF WAY ACQUISIT_ION_ On motion of Supervisor McKillop, seconded by Supervisor Maxon and unanimously carried, the following deeds mere accepted and the Chairman was authorized to sign the certificates of acceptance: East Avenue 57191-70-i Pcl. 23 East Avenue 57191-70-1 3 Sherwood Forest Sub. AP 51-20-12 (No. 2 Drainage easement) Oroville-Quincy Hwy, (Parcel AP 61-02-05 Map) Bel-Aire Subdivision Unit No. 1 Lot 36 (southerly 2.50 feet) Juanita Mullin Hale Mason V. J. James, et aI V. Delucchi, et ux Robert L. Rattan and Clara Lou 72-757 ACCEPT UIT CLAIM DEED, TERHEL_FARMS On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, the Chairman was authorized to sign a quit claim deed to Terhel Farms, Inc., for a portion of Old Oroville-LaPorte Road (intersection Hillcrest and Olive surglus property). Page 22 May 2, 1972 --------------May 2,_1972 __ 72-758 ADOPT RESOLUTION 72-85 AUTHORIZING CHAIRMAN TO SIGN MEMORANDUM OF UNDERSTANDING COVERING CHICO URBAN COMPREHENSIVE TRANSPORTATION PLANNING STUDY Transportation study covers proposed comprehensive transportation planning process and will develop a transportation network needed for the projected 1990 Chico Urban Area Traffic Volumes. Memorandum of understanding defines coordination between the local agency and the state on the proposed work program relative to the comprehensive transportation planning process. Matter discussed. On motion of Supervisor Madigan, seconded by Supervisor Maxon and unanimously carried, the memorandum of understanding was approved, Resolution 72-85 authorizing Chairman to sign said document was adopted and the Chairman was authorized to sign the Resolution, 72-759 PUBLIC WORKS DIRECTOR AUTHORIZED TO WOR1~ WITH DURHAM FOR A COMMUNITY_ SIGN Clay Castleberry, Director-of Public Works, stated that the people of Durham would like to put up a public information sign in Durham. They plan to place the sign off the right of way and would like to negotiate with Mr. Castleberry for the placing of the sign. Matter discussed. On motinn of Supervisor Gilman, seconded by Supervisor Maxon and unanimously carried, the Public Works Director was authorized to work with the people of Durham for the placing of an information sign, off the right of way in Durham. 72-760 AWARD OF BID FOR OROVILLE-QUINCY ROAD (PROJECT 27561-67^2) Clay Castleberry, Director of Public Works, reported on the bids received for the Oroville-Quincy Road {Project 27561-67-2), He said they received good bids. The County Auditor said there were funds from a few small ~p ~ D ~ projects that could be transferred to handle this project. The funds could be transferred and tihose projects could be rebudgeted for the 1972-72 year. On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, the bid for the Oroville-Quincy Road (Project 27561-67-2) was awarded to Loyd J. Rodoni & Son, in the amount of $253,723.25 and Fund Transfer B-109 was authorized to cover said project. 72-761 PUBLIC WORKS INFORMATION MATTERS ~~ ^Mr. Castleberry informed the Board that the County Supervisors Association has asked him to go to Sacramento and speak in opposition to SB 57; they feel this is a bad bill. The Board has a policy that if any Department Head speaks before the State Legislature that they should have Board approval. The Board gave their approval to Mr. Castleberry to speak in opposition to this bill. Mr. Castleberry said the transfer station on Ord Road would open next Monday. He invited the Board members to attend the opening and have coffee and donuts with them. Supervisor Reynolds felt there should be an opening ceremony and that Assemblyman Johnson and Senator Marley should be invited. Mr. Castleberry will invite Assemblyman Johnson and Senator Marley and the Board members will plan on attending the opening of the station. Supervisor Maxon remarked on the condition of the Neal Road station. He said the litter was all along the road. It was felt this is a serious condition. At the Gridley station there will be signs that will state that all loads must be covered. The commercial haulers will be watched. Mr. Castleberry said he would handle the problem at the Neal Road site. Sheriff Gillick will be informed of this problem. Page 23 • May 2, 1972 _ _ _ _ _ _ _ _ _ _ _ _ _ _ May 2 ,-1972 = _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 72-762 AbOPT RESOLUTION 72-8QR AWARD OF CONTRACT: & RESOLUTION 72-8~ APPROVING AGREEMENT: PARADISE PINES UNIT N0. ~+ On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, the Board accepted the letter of credit in the matter of Paradise Pines Country Club Estates-Unit No. 4 Assessment District and adopted the following resolutions, authorizing the Chairman to sign: Resolution No, 72-86 Award of Contract Resolution No. 72-87 authorizing execution of agreement between the County of Butte and Teichert Construction, and approving Labor and Material Bond and Faithful Performance Bond. RECESS: 9:55 RECONVENED: 10:10 72-763 REPORT ON SUPERIOR COURT: DECISION THAT THERE SHOULD BE NO PANIC HARDWARE IN COURTROOM Mr, Gene McFarren, county architect, reported in detail on the meeting regarding furnishing of the third courtroom and utilization of the Judge's bench from the present courtroom and other furniture. It was concluded that the bench should be used in the 3rd courtroom. The intention was to use the bench, all the jury chairs and the arm chairs from the present courtroom. He said in this way the County could recapture the feeling of the original courtroom. Changes in the courtroom discussed. It was estimated that there would be a saving of some $5 to 6,000 with the use of this old furniture. Mr. McFarren said the Board should act immediately to give him direction in the matter. He said designs should be prepared for the use of the furniture and for the paneling of the third courtroom. He asked if they should proceed with the 3rd courtroom. Project explained and discussed. Mr. McFarren said they would need to design the room to determine the thinking of the Historical Society and the Superior Court and Bar Association. The Board has not requested the third court from the State. He has to have the drawings of the room and the contractor will have to do some of the work involved. Time spent discussing the use of the furniture and the action that should be taken at this time. Costs discussed, The architect was requested to proceed with the designs for the third courtroom, working with the Historical Society, Superior Court and the Bar Association. Architect fee discussed. The matter of the architect fees will be brought back to the Board next week for discussion. The architect stated there was another problem that needed discussion. There is a conflict with the State Fire Mais.hal concerning panic hardware. They feel that it is not a good idea to have this type thing in a courtroom. The State Fire Marshal is requiring that the County provide panic hardware in the courtroom. The Judges feel that the County should not have panic hardware in the court room; they desire to stay with security measures, The Judges want the courtrooms to be secured. Matter of panic hardware discussed. Art Elmore said the County could not restrain the people; you can restrain a prisoner but not the public. County Counsel stated that the County was not talking about locking people in; they are talking about security ~agcsur2~s that are being carried out throughout May 2, 1972 May 2, 1972 the State. This would be for the public's safety. Matter discussed. It was moved by Supervisor Reynolds, seconded by Supervisor Maxon and unanimously carried, that there would be no panic hardware in the courtroom, except in the lobby and the places where the Judges and the architect decide there should be such hardware. The Chairman directed the architect to talk to the fire marshal about the panic hardware. Completion of the building discussed, Tom Struthers, Purchasing Agent, explained the matter of the furniture for the Courthouse. He .said that furnishing a complete courthouse is very complex. They have been working with the Superior Court Judges on the matter of the furniture. All articles of furniture has to be approved. A package of furniture has been requested for the courtrooms and related rooms. What Mr. Struthers was saying is that they have no choice on the matter of the furniture. Discussed the purchase of the furniture. The purchasing agent will negotiate for the furniture. Mr. Mickelson will sit down with Mr. Struthers and go over the bids for the furniture. Mr. Struthers will secure as many competitive estimates as possihle. They will get figures for the furniture and will report back to the Board on the matter. No action taken at this time. 72-764 DISCUSSION: YOUTH LAW ENFOROEMB.TIT PROGRAM Chief Wesley Barrett, Oroville City Police, and Sheriff Gillick appeared to speak to the Board concerning the Youth Law Enforcement Program. Sheriff Gillick introduced Ken Mickelson, the Sheriff's Department youth officer. Mr. Mickelson explained his functions at the Paradise High School. He said the youth of today is out future; without guidance they are going to be a problem in the future. He teaches the students in Paradise courses that consists of many things. He said the attitude change in the students is amazing. The students now accept the police officers on the campus. Deputy Mickelson teaches in uniform, He explained the class and what they are teaching. Supervisor Maxon said he feels that Deputy Mickelson should be commended on his work at Paradise High School. He feels he has done a fine job. This has been a pilot program in Paradise. He has been requested to teach next fall at the High School. Supervisor Reynolds requested that the Administrative Officer inform the Superintendent of Schools about these classes and have them review the classes. Mr. Mickelson said that the thing that brought this matter up at this time was the matter of financing of the program, It the program was to be expanded, it would take hundreds of thousands of dollars to finance. Deputy Mickelson said that Tom Evans has backed this program. Chief Barrett said the program in Oroville is different from the one in Paradise. The Oroville program is funded by the CCCJ. The program is for the lower grades in school, from Kindergarten to eighth grade. Officer Ferguson of the Oroville Police Department is the Youth Officer here. Program explained. They feel that the program has been quite successful at this time. Students can talk to the officer at any time, Officer Ferguson said his program was more flexible than Deputy Mickelsons, Officer Ferguson deals with 6 schools; he explained how the program was being accepted by the students. He said the essence of the whole project was the personal contact with the children. Sheriff Gillick said that all were aware of the program now and its work. He feels that it is very rewarding to see the change in the students; the officer has been able to help many of the students, Chief Barrett said he hopedP~l~~t2~az time the boundary problem between May 2, 1972 May 2, 1972 City area and County area could be eliminated. He hopes that the County officers and the City officers will be able to work together on this program. Program discussed. No action taken at this time. 72-765 DISCUSSION: FOOD COMMODITY DISTRI~[TTION Ed Robinson, Welfare Director, was present to explain the hours and method of distribution of commodities at the Commodity Distribution Centers. He said the distribution of the commodities is a very difficult task. He explained how the centers were operated and the hours that they were open. They have picked 12S families in each warehouse, per day. He explained the pxoblems of distributing the foods. In addition to the delivery of the commodities, they have the problem of keeping records. They have to keep checking constantly, Paper work has to be done. The workers work a full week. The centers are open from 8:30 to 5:00 p,m. There are 9 persons on the staff. Mr. Elmore stated that there seems to be poor management of the program, People in the audience asked Mr. Robinson questions about the distribution of the commodities, The people in the audience felt that the food stamp program would be better than the food commodity program. Commodity program explained. The people complained that there were weevils in the food. Mro Elmore said the food was contaminated. Supervisor Maxon said this program should be referred to Health Department to study and report back to the Boardo Food stamp program discussed. Supervisor McKillop asked Mr. Robinson how the Board could implement the transfer from food commodities to food stamps. Mr. Robinson explained that there would be a cut-off date; he explained the projected costs for the food stamp program. Costs for handling the food stamp program set out and discussed. The people felt that the food stamp program was better than the food commodity program. Mr, Robinson said he had been told that this County was not funded for food stamps. He received a letter yesterday about the food stamp program. The letter infers that Butte County has funds for the program of food stamps. Letter read by Mr. Robinson. It stated that Butte County was officially approved for the food stamp funding, Letter discussed. Supervisor McKillop stated that last year the Roard had indicated that they would change to the food stamp program. Program discussed. Food Stamp prc,~ram would have to be put on Data Processing before it was implemented. Mr, Robinson explained the program and how it was implemented. Chairman Gilman requested that Mr. Robinson project the County's cost for the food stamp program and report back to the Board. No action taken at this time. RECESS: 12:35 RECONVENED: 1:30 72-766 PUBLIC HEARING: APPEAL OF MRS. JOHN W. STORY: PROPOSED REZONING FROM "A-R" AND "6-H" (SCENIC HIGHWAY) TO "S-2" (MINIMUM DENSITX SUBURBAN RESIDENTIAL DISTRICT) BOUNDED ON WEST BY CHICO CITY LIMITS, N. BX E, 8th STREET, S, BY ST, HTGHWAY 32 and EST BY CHICO CITY LIMITS & JACK GRAHAM PROPERTY The public hearing on the appeal of Mrs. John W. Story, proposed rezoning from "A-R" and "S-H' (scenic highway) to "S-2" (minimum density suburban residential district), area described as bounded on west by Chico city limits, north by E. 8th Street, south by State Highway 32 and east by Chico city limits and Jack Graham property (formerly O.D. Simmons property), Chico, was held as Page 26 May 2, 1972 _ _ _ _ _ _ _ _ _ _ _ _ _ Mai ?~=1272 = _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ advertised. Jim Lawson, Planning Director, summarized actions of the Planning Commission in this matter. The Planning Commission recommended denial of the rezoning on a vote of 6 "Ayes", 2 "Noes", and 1 absent. Hearing opened to the public at this time. Appearing for proponants of the rezoning: 1. Mrs. Lola Osborn Story. She presented a file of letters of people supporting the appeal. 2. Mr, James Pane, Rt. 5, Bose 90T, Chica. 3. Mrs. Andre Earle, El Monte Ave. 4, Frank Woods, Chico. 5. Mr. Vern Raley, E1 Monte Ave. Mrs. Story again spoke on the reasons for appealing the Planning Commission's decision, Appearing in opposition to the granting of the rezoning: 1. Mr, Richard Edwards. He stated that there were six people who had signed the original petition that are now opposed to the rezoning; he filed a petition requesting their removal of the original petition. 2, Mr, Earl Dunn, Sierra Vista Way 3. Mr. John Shelton, E1 Monte Ave. Citizens Water Committee. 4, Mrs, Rosalie Rath 5. Mr. Dave Rush, attorney at law, firm that is purchasing the property in this area. zoning request for a R-2 District. b. Mr. Floyd Kirk, E1 Monte Ave, 7. Corinne Waldrup He read a report from the representing McCaw & Baily, the The firm has filed a Hearing closed to the public and confined to the Board for action. Proposed rezoning discussed. 72-767 ADOPT ORDINANCE N0. 1267 ZONING A PORTION OF THE COUNTY AS AN S-2 DISTRICT Onlmotion of Supervisor Madigan, seconded by Supervisor Gilman and carried, Ordinance No. 1267 zoning a portion of the County {for property described as bounded on west by Chico city limits, north by E, 8th Street, south by State Highway 32 and east by Chico city limits and Jack Graham Property, Chico, was adapted and the Chairman caas authorized to sign. The Board did not concur with the recommendation of the Planning Commission in this matter. 72-768 PUBLIC HEARING: APPEAL OF WALTER M. 50NNTAG, M. D, PROPOSED REZONING FROM "R-1 A&C" (MINIMUM-DENSITY SINGLE-FAMILY DWELLINGS, ARTS AND CRAFTS ANA PROFESSIONAL CLASSIFICATION) TO "PA-C" PLANNED AREA CLUSTER) DISTRICT, FOR .~ PROPERTY LOCATED ON WEST SIDE OF PENTZ MAGALIA HWY „ PARADISE_ IE~,a The public hearing on the appeal of Walter M. Sonntag, M,D, for proposed rezoning from "R-1 A&C" (minimum-density single-family dwellings, arts and crafts and professional classification) to "PA-C" (planned area-cluster) district, for property located on west side pf Pentz M~agala,? Highway, Paradise, was held as advertised. Jim Lawson, Planning Director, summarized the actions of the Planning Commission in this matter. Planning Commission recommend denial of the application. Hearing opened to the public at this time. Appearing in favor of the rezoning: 1, Dr, Sonntag, Skyway. He set out reasons for the rezoning. 20 Mro Earl Case, DeMille Road, administrator of the Feather River Sanatorium, Paradise, They have reviewed the proposal la Y 2thel~~spital Page 27 May 2, 1972 feels it would be advantageous to have the facility in the proposed location. 3. Mrs. Dorothy Bettencourt 4, Mrs. Yvonne Rambo 5. Mr. Delbert Kelly 6. Jim Dunbar 7. Mr. Claude, Wagstaff Rd. 8, John Ryding 9. Mrs. W. L. Sherman 10, Peter Townsend Appearing in opposition to the proposed rezoning: 1. Mr, Lester Johnson 2. Mr. Lauber, 5826 Fickett Lane 3. Ernie Bennett, Del Rio Way 4. Mr. Halverson, Pentz Road 5. Mr. Norman Harelson 6. Mrs. Lucille Flood; she stated that a petition with 149 signatures attached has been filed in opposition to the rezoning. 7. Mrs. Grace Hodgkins, Pentz Road $. Lucille March, Pentz Road Dr. Sonntag, presented his rebuttal at this time. He set out his plans for the proposed medical offices. Hearing closed to the public at this time and confined to the Board. for action. Supervisor McKillop said he was in sympathy with Dr. Sonntag's request and that it would be good for the hospital to have a doctor next to the hospital, but he has to consider the other people in the area. The additional traffic that would be genera~ed would be bad for the area. He said he would have to concur with the Planning Commission in this matter. Supervisors spent time discussing the proposed rezoning and its affect on the areao On motion of Supervisor Maxon, seconded by Supervisor McKillop and carried, the Board concurred with the Planning Commission and denied the application of Dr. Sonntag for rezoning from "R-1 A&C" (minimum-density single-family dwellings, arts and crafts and professional classification) to "PA-C" (planned area- cluster) district, for property located on west side of Pentz Magalia Hwy., Paradise. AYE5: Supervisors Maxon, McKillop, Reynolds NOES: Supervisor Madigan and Chairman Gilman RECESS: 3:55 RECONVENED: 4:05 72-769 APPEAL FROM PLANNING COMMISSION'S DENTAL OF REZONING BY JOHN ROBINS ON, ET AL, WEST OF CHTCO: _HEARTNG SET FOR MAY 17th, 1972 -1,30 The hearing on the appeal from Planning Commission's denial of rezoning by, John Robinson, et al, west of Chico, was held as continued from the Board meeting of April 25, 1972. Jim Lawson, Planning Director, explained the situation. He said a hearing should be set at this time to discuss all the zoning for the west Chico area. Hearing set for May 17, 1972 at 1:30 p.m, in the Chico area. The local papers were requested to carry stories concerning this hearing. Mr, Mickelson was requested to secure a clearance to use the Chico Memorial Ha 11. 72-770 APPEARANCE OF ART ELMORE SPEAKING FOR THE COMMUNITY POOR PEOPLE ~ ~ Mr. Art Elmore stated he 'was appearing as spokesma ~ Y ~ tt~,e~p2oor people v~ ~ Page 28 1 ! L9 _______________May2,=1972=_--__ ___=----___ of the County. Supervisor Reynolds stated that he had been hired as the Director of the CAA. Background of the Community Action Council and the grant set out and discussed. Mr. Elmore admitted he caas the Director of the E.O.C., Director of the Community Action Council, but the poor community demanded that he be their spokesman last Thursday night. He said he sees no conflict of interest as it is part of his job to organize the poor, Time spent discussing the position of Mr. Elmore a:td who he was representing. Mr. Elmore made his presentation at this time. He stated that May has been designated as Senior Citizens montho The people would like to have the Board adopt a resolution supporting Senior Citizen's Month. Request discussed. 72-771 ADOPT RESOLUTIGN 72-88 SUPPORTING SENIOR CITIZEN'S MONTH On motion of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, Resolution 72-88 supporting Senior Citizen's Month was adopted and the Chairman was authorized to sign. i, 72-772 CONTINUATION OF PRESENTATION BY MR. ELMORE FOR THE POOR PEOPLE Mr. Elmore explained his meeting with the poor people of the County. He read a statement, copies of which he presented to the Board members. The statement requests a list of simplified informatian of the services available to the poor people. Supervisor McKillop requested that this request be presented to the E.O.C, meeting Thursday night. The request could be read into the minutes of the meeting. Mr. Elmore requested that the Board study the requests•of the poor. Time spent discussing the request of Mr. Elmore. The poor people would like to know what is available to them. Supervisor McKillop requested chat this request be ratified by E.O.C. and then the Board will work on the matter, .The request should go through the proper channels. No action taken by the Board at this time.. RECESS: 5:00 RECONVENED: 5:05 FURTHER DISCUSSION OF REQUEST OF POOR PEOPLE & 72-773 DISCUSSION OF FOOD STAMP PROGRAM: FOLLOWING STUDY •COUNTY TO IMPLEMENT PROGRAM Mr. Elmore objected to having the request of the poor first going thr4µgh E.O.C. He said the staff has lost contact with the poor. He said his intent is to assist the people and the Board, Supervisor McKillop stated that at last Thursday.nighY meeting, the .Board had passed- a motion that the Board would help the activities of the poor. This request should go through E.O.C. and then the Board would help if they could. Mr. Elmore will take the request to the E.O.C. meeting. Supervisor McKillop said he would request that Pfr; Robinson bring in a report on the costs for the- Food Stamp program and he .will request that Pir. Bosworth also prepare a cost estimate for the program. Supervisor McKillop said he felt the Board was in accord that the Board will pursue the Food Stamp program. He said he felt the County could operate this program cheaper than the food commodity program. Costs will be analized and discussed in the next few weeks. On motion of Supervisor McKillop, seconded by Supervisor Madigan and carried, the Board said that through research in the next week and a half or ,two weeks if the issuance of Food Stamps prove to be more economical than food Page 29 Ptay 2, 1972 May 2, 1972 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - commodities, the County will immediately implement the food stamp program, and that Mr. Robinson and Mr. Bosworth will make the study and will report back to the Board within the next two weeks. AYES: Supervisors Madigan, McKillop, Reynolds and Chairman Gilman NOES: Supervisor Maxon 72-774 LOW INCOME HOUSING: PUT OVER TWO WEEKS At the Thursday night meeting in Central School the request was made that the subject of low income housing be discussed at this time. It was felt that Mr. Melton of the Housing Authority should be present at this discussion. Matter put over to May 9th, 1972 at 9:30 a.m. 72-775 ADOPT RE50LUTION 72-59 DIRECTING THAT NOTICE OF HEARING ON THE PETITION FOR FORMATION OF LIME SADDLE COMMUNITY SERVICE DISTRICT BE MAILED TO ALL OWNERS OF REAL PROPERTY WITHIN THE BOUNDARIES OF THE DISTRICT On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, Resolution 72-89 directing that Notice of Hearing on the hearing on the petition for formation of Lime Saddle Community Service District be mailed to all owners of real property within the proposed boundaries of said district was adopted and the Chairman was authorized to sign. 72-776 REPORT TO BOARD ON "DISPLAY OF FLAG AT POLLING PLACES" The report to the Board on "Display of Flag at polling places" was put over at this time to the meeting of May 9t1~, 1972. 72-777 REPORT ON PROBLEMS RELATING TO COUNTY CODE SEC, 19-12 AND RELATED PROBLEMS The report on problems relating to County Code Section 19-12 and related problems concerning building code regarding what is defined as site, parcel, i.e. what is the effect of AB 1301 of 1971 was put over to Tuesday, May 9, 1972. 72-778 ARCHITECT DIRECTED TO PREPARE CHANGE ORDER FOR THE PLACING OF BENCH AT NEW COURTHOUSE The matter of the panic hardware for the courtrooms at the new courthouse discussed. There is going to be a meeting with the State Fire Marshal this Thursday. They will meet with Public Works and the Judges. Mr. Blackstock reported on the moving of the bench to the new courtroom. He talked to Mr. McFerren and there will be no problem with any additional architect fee. On motion of Supervisor Reynolds, seconded by Supervisor Madigan and unanimously carried, Mr. McFerren, county architect, was directed to prepare a change order to put the bench over at the new courthouse, in the proposed third courtroom, and to present the change order next week for action, said work to be at no additional costs for architect fees. 72-779 PUBLIC HEARINGS SET ON PLANNING ITEMS: MAY lb, 1972 at 1:30 p,m! Public hearings were set for May 16, 1972 at 1:30 p,m, on the following matters; 1. Howard Kerstetter - proposed rezoning from "A-3" (agricultural) to "M-R" (mountain or recreation subdivision - residential) district, for property located near the east end of Lake Wyandotte, south. of Forbestown Road, approximately 1~ miles east of Hurleton Rd, intersection, identified as AP 37-80-10, containing 41.4 acres, east of Oroville. 2. Southern California Financial Corporation - proposed rezoning from "MHP" (mobile home park) to "RT-1" (minimum density residential-trailer) district, for area described as a portion of Kelly Ridge Estates, generally located north of Hillcrest Avenue, east of Kelly Ridge Road, approximately 110 feet south of Arroyo Drive, and bounded on the Past by State-owned property bordering Lake Oroville; identified as portions e~ AP 34-01-21, 34-04-20 and 37-16-39, Oroville. Page 30 May 2, 1972 ------- --=====Z]a}2,=172== ____ __--______ 72-780 APPROVAL OF 17 TE~ITATIVC PiAPS On motion of Supervisor Piaxon, seconded by Supervisor McKillop'and unanimously carried, the following tentative maps were appxoved, subject to the Subdivision Map conditions and that they are consistent with the General Plan: ~.. ~"~iil:ii:ti,Ci l1. ':':!''::.:C:::7:'Y `Z'{:'Y::.i"C5.4r:. L:.nc ~:4.~%ZC:1Uri, ~~ Jl)••1.`~^itb, ?.'CS, SC=i'.':1: d~.C;:'. :51 ~..;''i.5 i73c4:i f~.nJ~ n'.ci.:1 i~0i1C~1 t Y'31''iJ.d1JE'. e,cn?~7 r;r T,.~-. 1- --ruvo'~:•, °? .... .;~ ° -a- Fit~ 70 ^QrJ^tt~t~ ~ ~O l'el ?1r};....-t, .,~.r. ..._ ~:S;iC, '' n c' ~_~.~: <<~~j_C ~l'l%~'lC?n ~:.:flC~ {:7.^c?1c !~v:aliL7.G" , r'... i?.f-. ... ^G': _....,'} C!y L..t... 1 k' Or `I`f, C7'1'%7_i.',1~:~_ i`ic.7 fl.~.' i)-_.:. ....F.: `:`_ .- . .r, - .. ..."J::.~~.._ . i+i7,.~:1-7i :. .-. i:i.!'r}C ~`i:i::e.;^:! iS Lf:S . 3. D~~~..,:]. 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Fitay. 99::, • 2 mi'ses Wo::.;z of C:t:~No. E,Z~;irt~^~•: 1~~.tr~' _. f~:~~.1^:~q ~ A~+s~x. •". -3 '~: Texsi:~°_t:- ~,e~ rare} ~. rl:, !~P .~&-lt•:-2:~ c o~~'~it:n a ~ 25 ~7 i'l;r"f t v'.. ~! }~ ~ f ~ ~ ~ ~.0'G.ri, V1..Li:`.I3 .\~~._Cin EiY~;1,^~'!rZ': tr:A~::Q'.i' Qi. ~~Y.'?..frf.^ G t`!F;30C. )2. R. C. R-vxroG~t Tezr;;a'~:~t~u I'~ro..:~. t:rp, t'~ `6w09-e;7 .~•, ~Q, ? ZO'tF1. WCii'~ u1.~i~ flF Ci]..._.;7:.,''C %Or~f~., 1'_C+~'r_"t felt Ci»1:'"-aia:iE:a~.o Er1gi71C'Q£I': 7.3. I~~z'~'~ r:ru•~z^cort '!'~_;:*<a':i.~e. Pc'.^~~~ I?gip , AF ;iI^35-•?_0 , 2 .~ot~, C:~1`= -- rr~.f'- ~._ "~J' t'£'-.~C oJ' Ii'~.*,-::bil RiJ'Cl ~U1ki:IS:ets~'r b'~ :~:5!'c"t!~).F):., . ~..::j.: ,'if.,.:,k'. :d E: i.fi.L>;` ~.rsl''~.iY:f9!i 6 ^~~ai.aCi.~.. lac. tJnztF,c~ I'ertrev;.il`aJ. •~;ttt~c:z of t~ttco TE:n.~.t-yv~: i'~.r.:~~?. t•4~p, ps ~tt_nG..33, 2 .oc:s, west 8iur.; o~ C~~.~'!1er :.ane • i:,ei.rt a i;urcia~i OjF T,Ct: tL Oi ~fC%]1l`c'_].!1 [.'~L•'[-0 ::Uh. , ~r]].'~ ~~, i;oT"E:il;?cESi:rr).sJ CL C-l11.C0. ~III;].Fl~~°..I': t'IcL"~~3T' ~. Ci*'?P.iL'9 E A:i&CrC. Page 31 May 2, 1972 May 2, 1972 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 15, William K. Murray Tentative Parcel Map, AP 40-37-18, 2 lots, being lot 63 of Butte Creek Estates Subdivision Unit No. 1, on Estates Drive, Chico, Engineer: Walter B. Grimes & Assoc. 16. McNary, Clark & Miskella Tentative Parcel Map, AP 44-05-52, 55 & 56, 3 lots, northwest corner of Lassen Ave. & Clark Way, Chico. Engineer: Walter B. Grimes & Assoc, 17. West Haven Homes Addition No. One Tentative Subdivision Map, 12 lots, southeast corner of East Avenue and Guynn Ave „ M being a portion of Lots 2 & 16 of the Third Subdivision of the John Bidwell Rancho, Chico. Owner: St, Clair Construction Co,; Engineer: Walter B. Grimes and Assoc, 72-751 APPROVE DEPUTIZATION OF ZONTNC INSPECTOR The matter of deputization of zoning inspector discussed. The inspector will receive briefing from the Sheriff's Department. On motion of Supervisor Reynolds, seconded by Supervisor Madigan and. carried, the deputization of zoning inspector was approved. AYES: Supervisors Madigan, McKillop, Reynolds and Chairman Gilman NOES: Supervisor Maxon. 72-782 ADOPT RESOLUTION 72-90 IN HONOR OF J. EDGAR HOOVER On motion of Supervisor Maxon, seconded by Supervisor Reynolds and unanimously carried, Resolution 72-90 in honor of J. Edgar Hoover and setting aut that flags will be flown at half mast was adopted and the Chairman was authorized to sign. SECO APPLICATION ANA 72-783 CLARTFICATTON OF/CONDITIONS OF APPROVAL FOR CARL ARENIUS TENTATIVE MAP Jim Lawson, Planning Director, said the approval of the Carl Arenius tentative map was nat quite clear. One foot strips set out. Mr, Arenius had requested that Condition No. 9 be deleted; was it the Board's intent to delete this condition. Condition discussed. The Fire District feel this condition is necessary. Tt is the Board's intent that this condition was not deleted. Mr, Lawson will inform Mr. Arenius. On the application of Seco, was it the Board's intent that an additional lane of traffic be constructed, Mr. Lawson to inform Seco that it was the Board's intent that an addition lane of traffic was to be installed. 72-784 APPROVE AMENDMENT TO FIRE PROTECTION AGREEMENT On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, the amendment to the fire protection agreement to cover lease by the County for a bus to transport the fire prevention crew funded under the PEP program was approved, as approved by County Counsel, and subject to approval by Auditor, and the Chairman was authorized to sign. 72-785 DISCUSSION: vORAL OBLIGATION OF DEPARTMENT HEADS CONCERNING PROPERTY INVESTMENTS Supervisor McKillop stated that the County was receiving comments concerning the Seco matter. Elected officials have responsibility to the people if there are going to be rulings concerning zoning. In the future, the County cannot tell a department head not to delve in property but can state that he has a moral obligation not to become in conflict with the people, Supervisor McKillop said he did not feel that a department should be involved in these matters. It puts the Board members in an impossible situation. Page 32 . May 2, 1972 May 2, 1972 72-786 APPROVE CONTRACT FOR bTETARY SERVICES WITH ESKATON, COUNTY HOSPITAL On motion of Supervisor Reynolds, seconded by Supervisor Maxon and unanimously carried, the contract for dietary services with Eskaton for the County Community Hospital was approved and the Chairman Baas authorized to sign, subject to Counsel and Auditor approval. 72-787 APPROVE AMENDMENT TO GENERAL ASSISTANCE STANDARDS: WELFARE On motion of Supervisor Maxon, seconded by Supervisor Reynolds and unanimously carried, the amendment to General Assistance Standards, as requested by the Welfare Director to comply with the new majority law, was adopted and the Chairman was authorized to sign. 72-788 MOCKUP OF PROPOSED EXHIBIT FOR LOS ANGELES COUNTY FAIR, STATE FAIR, ET AL TAKEN OFF The mockup of the proposed exhibit for the Los Angeles County Fair, State Fair and National Orange Show as prepared by Skidmore Displays was taken off the agenda at this time and put over to the meeting of Tuesday, May 8, 1972. 72-789 ADOPT RESOLUTION 72-91 ESTABLISHING LOCAL TRANSPORTATION FUND & APPROPRIATING MONIES On motion of Supervisor Reynolds, seconded by Supervisor McKillop and unanimously carried, Resolution 72-91 establishing local transportatian fund and appropriating monies aas adopted and the Chairman was authorized to sign. 72-790 APPROVE EKEMPTIONS FROM HIRING FREEZE On motion of Supervisor Reynolds, seconded by SupervisorMadigan and unanimously carried, the following exemptions from hiring freeze were approved: 1. Hospital - 1 Regular help, Xray technician 1 Regular help; Account Clerk II 2, Puhlic Works - Extra Flelp Janitor far relief, Building and Grounds Dept. 72-791 INFORMATION: BUTTE COUNTY LICENSED MORTUARIES INCREASES In response to letters previously received from alI of the licensed mortuaries in the County, the Administrative Officer has prepared a report. The requested increases would be effective July 1, 1972. Felt this could be discussed during budget sessions. No action taken at this time. 72-792 TRAVEL REQUESTS APPROVED On motion of Supervisor Reynolds, seconded by Supervisor Maxon and unanimously carried, the following travel requests were approved: 1. Alan Burchett, County Counsel`s office, to attend the 1972 meeting of taxation section, District Attorneys' and County Counsel's Association of California in San Francisco, June 1 through June 2, 1972. One nights lodging. Estimated cost of trip $78. Travel by private car. 2, James Griffith, County Counsel's Office, to attend the 1972 meeting of the Planning And Zoning Section, District Attorneys' and County Counsels' Association of California in San Francisco May lI through 12, 1972. Number of nights lodging one. Estimated cost of trip $78. Travel by private car. 3. Jerry Smith, Farm and Home Advisor Office, to attend the statewide Agricultural Extension Service conference on winter cereals (wheat, oats and barley) at the University ofCalifornia at Davis and the USDA Western Utilization and Research Lab in Albany May 16 through 19, 1972. Three-nights lodging. Estimated cost of trip $61. Tra~eageby3~ounty car. May 2, 1972 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _May=23 1922= _ _ _ _ _ _ _ - - _ _ _ _ _ _ 72-793 BUDGET TRANSFERS APPROVED On motion of Supervisor Reynolds, seconded by Supervisor Maxon and unanimously carried, the following budget transfers were approved: B-101 Local Agency Formation Commission - $50 from transportation and travel to memberships B-102 District Attorney - $7,532.27 from reserve to judgements account B-104 County Buildings - $175 from maintenance-structures and improvements to equipment maintenance B-105 Board of Supervisors - $739 from the reserve to professional and specialized services B-106 Gridley Justice Court - $850 from salary and wages and $250 from jury and witness expense for a total of $1,lOC to office expense 8-107 Public Works - Bridge Construction - $31,617 to set up appropriation in the East 5th Avenue Lindo Channel Bridge job. Money coming from unanticipated revenues as follows: contribution from City of Chico- $18,330; federal aid for road construction (TOPICS) $13,287. B-108 Assessor - $1,00 from office expense to communications B-109 Public Works-Road Construction - $158,500 from various projects to Oroville-Quincy Road job. 72--794 PETITION FOR FORMATION OF COUNTY SERVICE AREA N0. 45 The petition for formation of County Service Area No, 45 was filed. It needs two signatures of the Board members, Supervisor Maxon stated he would sign the petition when he receives the information sheet. Matter discussed, It was felt there would be problems if there were delays in this matter. Supervisor McKillop felt that if the Board is in any way of putting the matter of the grant in jeopardy, then a special meeting of LAFCO should be called. The matter should be watched closely, A copy of the map of the boundaries of the district and the information sheet will be secured and Supervisor Maxon will sign next week. 72-795 HEARING SET FOR PARADISE ACCESS ST(7DY: MAY 25, 7:30 P,M. The Administrative Office was directed to secure possible dates for use of Paradise Memorial Hall to conduct the hearing on the Paradise Access Study. the following dates are available: May 18, Thursday; May 22, Monday; May 23, Tuesday, and May 25, Thursday. Dates discussed. Hearing set for May 25, 1972 at 7:30 p.m. at the Paradise Memorial Hall. Mrs, Best stated that the Fisci Property and the Albe~:ti property were now up for sale. Information only. 72-796 APPOINTMENT TO OROVILLE MEMORIAL HALL COMMITTEE On motion of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, Ford Sickles was appointed a member of the Oroville Memorial Hall Committee. 72-797 LETTER TO BE WRITTEN JERRY TEAQUE IN APPRECIATION OF SERVICES On motion of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, the Administrative Officer was requested to write a letter to Jerry Teaque in appreciation of his services to this Board and to the people of the County in his reporting for the Oroville Mercury, a copy of said letter to be sent to the Oroville Mercury and to the newspaper to which he is going. 72-798 DIRECT LETTER TO BE WRITTEN TO GOVERNOR CONCERNING INVESTIGATION OF WOOD CUTTING PROGRAM Supervisor Maxon asked when the Board was going to get a report on the wood cutting operation. He said he would like to know what has happened to the investigation. Matter discussed. On motion of Supervisor Reynolds, seconded by Supervisor Maxon and unanimously carried, the County Administrative Officer was directed to write `a letter to the Governor, under the signaCure of the Chairman, stating that this Board would like the whole report and work up papers on the wood cutting program immediately, with copies of the letter to be sent to the District Attorney and the Grand Jury, 3~/ May 2, 1972 72-799 MATTERS PRESk,T1TED BX BOARD MEMBERS Supervisor Maxon explained his thinking on the report of CSAC on the tax reform. He said he does not favor the CSAC tax reform, There is no guarantee to tine people that the taxes will be curtailed. Supervisor Maxon said he would like to see this Board oppose this matter. All Board members stated they had reservations about this matter. Discussed; no action taken. Supervisor McKillop asked Clif Mickelson if he had notified the Paradise Sewer Advisory Committee of their appointment. They should be meeting and electing a Chairman. Supervisor Maxon stated that Lindsey Applegate's phone number was 877-5008, 7045 Molodai Drive, Paradise. RECESS: The Board recessed at 6:15 to go into an Executive Session RECONVENEA: The Board reconvened at 6:40 following an executive session. ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 6:45 to reconvene on Tuesday, May 9, 1972 at 9:00 a,m. ATTEST: CLARK A, NELSON, COUNTY CLERK By: , ~ ~J~ Board of S rvisars Clerk Page 35 May 2, 1972