HomeMy WebLinkAboutM061273June 12, 1973
,iTATE OF CALIFORNIA )
SS,
COUNTY OF BUTTE )
The Boaxd of Supervisors met at 9:00 a,m, pursuant to adjournment.
Present: Supervisors Cameron, Gilman, Ladd and Madigan, Clif Mickelson,
Administrative Officer, Danield Blackstock, County Counsel, and Clark A, Nelson,
Cou~ty_.Cler~C, by Margie Catt, Board of Supervisors Clerk,
Absent: Chairman McKillop
INVOCATION: Rev. Bob Meanor, The First Presbyterian Church, Gridley
Pledge of allegiance to the Flag of the United States of America
73-922 APPROVAL OF MINUTES
On motion of Supervisor Ladd, seconded by Supervisor Cameron and
carried, the minutes of June 5, 1973 were approved as mailed,
73-923 COMMUNICATIONS
William E. Cavanaugh, Paradise, Mr, Cavanaugh pxotests payment of certain
l~ ~ Q V items included in his tax bill, such as livestock indemnity tax and tax
for medical care services. Supervisor Cameron stated he had called
Mr, Cavanaugh and he has requested the Assessor to write to him,
McKernan & Lanam & Mace, Paradise. An appeal is filed to Planning Commission's
~ ~ ~ denial of tentative parcel map for Roger Boutin. Set for June 19,
~~ 1973 at 1:30 p,m,
McKernan & Lanam & Mace, Paradise, An appeal is filed to the Planning Commission's
/ ~ J ~ d derniai of tentative parcel map for Raymond Carr, Set for June 19,
1973 at 1:30 p,m,
Bach and Bach, Chico. The attorneys file complaint in the amount of claim for
0 0, Z ~ damages re pexsonal injuries of Darriel Eugene Darden and Alma Arlene
~ Darden, Referred to County Counsel,
American Association o£ Retired Persons, Inc. Butte County Chapter No, 241
7 D 3 ~ S- requests consideration for enlarged facilities for the Paradise branch
of the Butte County Library. To be discussed at budget time,
State Department of Navigation and Ocean Development. The Department sends
information letter regarding permits concerning unmuffled engines
S d ~~~ ~ in boat races. Effective July 1, 1973 the Harbors and Navigation Code
precludes racing of motorboats with unmuffled engines without a permit
issued either by Coast Guard or local entity having jurisdiction
over the waters. Sample boat racing ordinance is enclosed, Letter
discussed; no action taken,
Senators Cranston and Tunney. Senators write regarding the Manpower Administration's
/ Q ~ Q v policy decisions re manpower area planning councils and enclose
correspondence with the Department of Labor on this matter,
Information,
Mrs, Pearl Pulver, She protests the assessments proposed on land near the
® D+~ ~' Skyway for the proposed assessment district No, 1, Discussed and
placed in file,
D ~ .,Public Utilities Commission, Application of Hughes Aix Corp. to add security
/` charge to defray coat of providing armed guards at terminal areas,
Wyandotte Cemetery District. Request appointment of Melvin Tabor to the
D ~ S-3 Board of Trustees to fill vacancy of Ciide Vines, deceased,
~ Page 269.
June I2, 1973
,.;z'
a ~ r - ~ ..J~ns 12y 1973 ~. ~ ,- - - ~ - - r - - r
r r
73-924 APPROVE APPOTNTMENT OF MELVIN C. TABER, WYANDOTTE CEMETERY DISTRICT
On motion of Supervisor Ladd, seconded by Supervisor Cameron and
3 carried, Melvin C. Taber was appointed to the Board of Trustees of the
~~`~ Wyandotte Cemetery District, to fill the unexpired term of Clide Vines,
deceased,
/ 73-925 .ADOPT _I,2E$OLUT~ON , 73-88, .POSTPONING DIVESTITI3~',E Or THE BOARD OF SUPERVISORS
AS THE COMMUNITY ACTION AGENCY.
Clif Nickelson, Administrative Officer, set out the back ground for
the divestiture of the Boa rd of Supervisors as the Community Action Agency.
Mrs, Rutherford spoke concerning the recommendations of the Community
Action Agency Administrative Board, She said the Administrative Board would
not ask that the Board rescind their motion divesting the Board of Supervisors
as the Community Action Agency, but merely postpone action on it, They
accepted the proposal presented by the Survival Committee. It was suggested
that they continue as it is being handled at the present time until the end
of this fiscal year,
Matter discussed,
On motion of Supervisor Cameron, seconded by Supervisor Madigan
and carried, Resolution 73-88 postponing the divestiture of the Board of
Supervisors as the Community Action Agency until ~-~.31,f~~
was adopted and the Chairman was authorized to sign,
73-926 APPROVE AGREEMENT FOR'SAT.E: RIGHT OF WAY ACQUISITION
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, the following agreement for sale for right of way acquisition was
approved, the Chairman was authorized to sign and the Auditor was authorized
to issue a warrant upon demand of County's escrow agent;
East Avenue R, L, Clapp 0.06 ac, Exchange $725 imp, $725 total
57192-70-1
-'"~73-927 ADOPT .RESOLUTION 73-89 FOR SUMMARY ABANDONMENT FOR A PORTION OF 'SCHOTT ROAD
On-_motion of Supervisor Ladd, seconded by Supervisor Cameron and
carried, Resolution 73-89 for summary abandonment for a portion of Schott
Road was adopted and the Chairman was authorized to sign.
~-'73-928 ADOPT RE50LUTION 73-90 AUTHORIZING ACQUISITION OF REAL PROPERTY BY EMINENT
DOMAIN NECESSARY FOR THE CONSTRUCTION OF A COUNTY HIGHWAY KNOWN AS SKYWAY
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, Resolution 73-90 authorizing acquisition of real property by eminent
domain necessary for the construction of a county highway known as Skyway in
the County of Butte, was adopted and the Chairman was authorized to sign,
with the instructions Chat the condemnation powers are all that the County
will take care in this matter, and that Larwin will pay for the parcels and
that they will pay for all expenses that the County will incur for this
condemnation proceeding,
73-929 APPROVE PURCHASE OF GRIDLEY LIBRARY AIR CONDITIONING
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, $200 additional was authorized for purchase of a 23,000 BTU air conditioning
unit for the Gridley Library, to be installed by Public Works, said purchase
to be funded from within the library budget.
73-930 AUTHORIZE CALL FOR BIDS FOR RETAINING WALLS FOR MOUNTAIN TRANSFER STATIONS
On motion of Supervisor Madigan, seconded by Supervisor Cameron and
carried, ca 11 for bids for retaini walls for transfer stations for the Lake
~ge 270,
June l2, 1973
June 12, 1973
Madrone, Stirling Gity, Butte Meadows and-as an alternate Concow- areas
were authorized with bid opening set for June 22, 1973 at 2;30 p,m, in the
Purchasing Office with report to the Board on June 26, 1973,
73-931 APPROVE WINTER-DAMAGE LIME TREATING PROJECT FOR GOODSPEED-WATT ROAD
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, the Board granted approval of a winter-damage lime treating project
for Goodspeed-Watt Road from Nelson West Road approximately 1'~ miles north
to be included in the contract for Richvale West, Fruitvale and 2nd Street,
scheduled for bidding about the first of July and that a request for a transfer
of $30,000 from the proposed Wyandotte Avenue Project (FY 73-74) be requested
of BCAG from the SB 325 project funds to fund this damage repair.
73-932 APP ROVE RIGHT OF WAY CERTIFICATION ti'~2-EAST AVENUE,.TOPTCS PROJECT N0. EPS-T-30141
~; and ADOPT RESOLUTION 73-91 AUTHORIZING CHAIRMAN TO EXECUTE RIGHT OF WAY CERTIFICATIOP
On motion of Supervisor Ladd, seconded by Supervisor Madigan and carried,
right of way certification dk2, East Avenue, TOPICS Project No. EPS-T-3014(4)
was approved and Resolution 73-91 authorizing Chairman to execute right of way
certification No, 2 East.9venue was adopted „ and the Chairman was authorized to sign.
73-933 INFORMATION ITEMS-PUBLIC WORKS
Clay Castleberry, Director of Public Works, reported that the EIR was
approved for the East Avenue project and was also approved for the Manzanita
Bridge, after 15 months of work.
Supervisor Cameron questioned Mr, Castleberry about the status of
the sewer charge for the Stirling City Sewer District, Mr, Castleberry
explained the situation; no action taken,
73-934 REPORT ON YUBA COUNTY SUPERINTENDENT OF SCHOOLS REQUEST RE LEVYING
OF' A TAX UNDER EDUCATION CODE SECTIONS 6pi,1 708 and 20404
Dan Blackstock,°County Counsel, reported on Yuba County Superintendent
of Schools request regarding the levying of a tax under Education Code Sections
601,1, 708 and 20404, This relates to the Feather Falls area, and would be
for the levy of a tax for the support of the Superintendent of Schools office,
Mr, Blackstock said he would not suggest that the Board consider the Juvenile
Hall school request, as any juvenile apprehended in the Feather Falls area
would be sent to the Butte County Juvenile Hall, Yuba County was requesting
determination on both requests.
Requests discussed, Mr. Blackstock recommended that the Board take
no action at this time, Matter put over until Chairman McKillop returns,
73-935 DISCUSSION: APPOINTMENT OF ASSESSMENT HARING OFFIGER
Discussian was held at this time concerning the appointment of an
Assessment Hearing Officer. Acting Chairman Gilman explained his feelings
concerning this appointment. Mr. Blackstock explained how this action could
be handled,
Mr. Blackstock read a memo fran Clark Nelson, County Glerk, concerning
his study of the appointment of a hearing officer, Supervisor Ladd asked
if there was any information as to the percentage of the appeals in Butte
County as to the other counties, He felt that a hearing officer concept
could be successful,
Ed Brown, assistant assessor, explained how the Assessor's office
handles the meetings with the taxpayer, Many of the applications are settled
Page 271,
June 12, 1973
June I2, 1973
by stipulation as a result of these meetings,
Acting Chairman Gilman felt that before the Board jumps into this
appointment, Mr, Nickelson should survey and study the matter of a hearing
officer. Mr, Blackstock recommended that if the Board decides to go to
a hearing officer, that they consider the appointing of one of the alternates
to act as said hearing officer, He stated that this could be set up as a
temporary measure, All the Board members expressed the desire for more
information on this matter,
Mr, Nickelson will secure more information zegarding the hearing
officer and will forward it to the Board members, Action continued to
Tuesday, June 19, 1973,
73-93b AU~LHORIZE LETT~R OF TNTENT TO NEGOTIATE'WITH UNIVAC FOR~bt1TA PROC'ESS~NG SYSTEM
Hank Hindery, Data Processing Director, was present to discuss the
Univac proposal, He explained his recommendation concerning Univac, Nr,Hindery
feels that this is a good system and he stands behind it 100%, Supervisor
Madigan stated he had read Mr, Hindery's memo concerning recommendation of
approval of the Univac system,
On motion of Supervisor Madigan, seconded by Supervisor Cameron and
carried, the Board authorized a letter of intent to negotiate with Univac
for their Data Processing System, said letter to`be signed by the Chairman
of the Board,
RECESS: 9:55
RECONVENED; 10:15
x-73-937 ADOPT RESOLUTION 73-92 DESIGNATING COUNTY AUDITOR-CONTROIp,ER AS COST
ALLOCATION PLANS OFFICER
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
carried, Resolution 73-92 designating County Auditor-Controller as cost
allocation plans officer was adopted, authorizing him to sign documents
and agreements relative to administration of Cost Allocation Plan, and the
Chairman was authorized to sign the resolution,
73-938 AUTHORIZE CHAIRMAN TO SIGN LETTER GRANTING EXTENSION OF TIME FOR COMPLETION
OF FIKED ASSET SURVEY BY GENERAL APPRAISAL COMPANY
On mofiion of Supervisor Cameron, seconded by Supervisor Ladd and
carried, the Chairman was authorized to sign letter granting extension of
completion date to July 31, 1973 of the fixed asset survey by General
Appraisal Company,
73-939 DISCUSSION; REPORT ON OFF-HIGHWAY VEHICLE FEES
Bi11 Lawrence, assistant auditor, reported on the off-highway vehicle
fees, He said the Auditoz does need to know the Board's pleasure concerning
whether they want the funds to remafn in trust, The funds could be used for
the policing of public lands, but the funds do not have to be transferred at
this time,
Supervisor Cameron said there is a problem with some of the off`highway
vehicles. He would like to see a committee set up to see what can be done
regarding these vehicles, Supervisor Ladd agreed that the County did have
a problem with the use of private property by the owners of these vehicles,
Yage 272,
June l2, 1973
June 12, 1973
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He said the County has a good number of Forest Service roads and these vehicles
could use these roads, A suggestion was made that maybe some maps
could be pxepared showing roads that could be used. He said he would tike to
see these funds going towards the enforcement of the laws and for the printing
of maps of these roads, Acting Chairman Gilman stated that the $300 being
held in trust would not go far along those lines,
Tt was the intent of this Board that the Auditor is to hold these
funds in trust for the present time,
73-940 REPORT DISCUSSED: COLLECTION OF 1,00 FEE BY STATE FOR REMOVAL 0~' OLD CARS
Clay Castleberry, Director of Public Works, reported on the collecting
of the $1,00 fee each year as part of the car license fee. He said that a
procedure has been set up by the State Legislature that proves that the County
do certain things. Public Works has cleared some 4 to 500 abandoned cars in
the last two or three years. He is working in an attempt to secure some of
the funds collected by the State to help defray costs in this matter, Discussed;
no action taken at this time,
Supervisor Ladd suggested that the Board have a letter prepared and
forwarded to CSAC concerning the use of these funds, Copy of the letter should
go to all other Counties and to Senator Marley and Assemblyman Johnson,
Mr, Castleberry stated he would help prepare the letter. County Counsel's
office has been drafting an ordinance that would declare the old and abandoned
vehicles a public nuisance, The County would also like to know how much of
the money has been spent, This ordinance will be presented next Tuesday,
Mr, Castleberry will work with Mz, Mickzlson on the letter to CSAC
and the letter to the State Legislature which would request additional information
regarding the collection of these funds and how they are being used,
73-941 REPORT: NELL ESTES-REPORT OF PLANNING COMMISSION'S DENIAL OF REZONE
FROM "A-3" (AGRICiiLTURAL) TO "A-2 LTD" DISTRICT, PROPERTY WEST SIDE OF NORD AVER
Jim Lawson, Planning Director, reported on the Planning Commission's
denial of the Nell Estes request to rezone from "A-3" (agricultural) to
"A-2 Ltd," district, for property located on the west side of Nord Avenue,
600 ft.-south of Henshaw Avenve, identified as AP 42-05-54 & AP 42-05-55,
containing 1,5 acres, more or less, Chico, Mr, Lawson explained the reasons
.for denial of this request, This parcel will be included in a larger rezoning
application for this area, No action needed at this time. Report accepted
and filed,
73-942 APPRROVE_ TW_0 TENTATIVE ~~PA1tCEL MAPS ~2ECOMMENDED FOR APPROVAL
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, the following two tentative parcel maps recommended for approval by
Planning Commission were approved, subject to the conditions, and with the
finding that both have a negative Environmental Impact Report:
1, Gary Singleton, AP 31-19-4 & 20, 4 lots, on Plumas Avenue, east of
10th Street, Thermalito, Engineer: Kendall Engineering
2. Jack Hagen, AP 47-23-27, AP 47-25-72 and AP 47-28-42, 2 lots, on
Keefer Road, adjacent to Keefer Ridge Estates, Chico. Engineer;
Ringel & Qssoc,
73-943 APPROVE ONE TENTATIVE HIRCEL MAP RECOMMENDED FOR APPROVAL AND REQUESTING
AN EXCEPTION
On motion o Supervisor Ladd, seconded by Supervisor Cameron and
carried, the following tentative parcel map recommended for approval was approved
Page 273. June l2, 1973
June 12, 1973
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with the exception for lot depth, and subject to the conditions of the Planning
Commission:
1. Peter P, Thomassen, AP 52212-8, 3 lots, southe8st corner Carroll
Lane and Libby Road, Paradise, Surveyor: Gary Lippincott.
73-944 TENTATIVE PARCEL MAPS RECOMMENDED FOR DENIAL AND IN AN AREA THAT HAS
PREVIOUSLY BEEN AND IS IN THE PROCESS OF BEING FOUR BY FOURED-SET FOR JUNE 19th
ANA O~IE REFERRED BACK TO PLANNING' COMMISSION
The following tentative parcel maps recommended for denial and in an
area that has previously been and is in the process of being four by Poured,
set for June 19, 1973 at 1:30 p,m „
1, Leslie P, Johnson, AP 47-29-54, 3 lots, on Stable Lane, off Garner
Lane, Chico. Surveyor: D, R, Roper
2, Roger Boutin, AP 62-02-03 (portion), 2 lots, on Sig Bend Road, above
Lake Oroville, Surveyor: John W, Hamby
3, Raymond Carr, AP 50-052-27 (portion) 4 lots, on Clark Road, near
Wee Dell Lane, Paradise, Surveyor: John W. Hamby
The tentative parcel maps recommended for denial of Karoly~Kasza, AP 54-24-81,
4 lots, off Stearns Road, near Harrison Road, Paradise, discussed, Supervisor
Cameron stated that Mr. Kasza was in the audience and has stated that he
would build the road to go up and join the Pentz Road, as suggested, Supervisor
Cameron felt that if Mr, Kasza was willing to build this road to county
standards, then this map should be approved, It was suggested that this map
be referred back to the Planning Commission for their consideration of the
new map,
On motion of Supervisor Cameron, seconded by Supervisor Madigan and
carried, the following tentative parcel map was referred back to the Planning
Commission for their consideration:
1, Karoly Kasza, AP 54-24-81, 4 lots, off Stearns Road, near
Harrison Road, Paradise, Surveyor: Gaxy Lippincott
73-9~+5 TENTATIVE SUBDIVISION MAPS RECOMMENDED FOR APPROVAL AND CONTINUED FROM
JUNE 5,-_1973
Loxley Glen tentative subdivision map ~iscussed, Mrs, Best set
up a large map showing the area in question, Conditions placed on the map
by Planning Commission discussed, It was felt that this map should be
referred back to the Planning Commission for their consideration of all the
conditions,
On motion of Supervisor Cameron, seconded by Supervisor Madigan and
carried, the Loxley Glen tentative subdivision map was referred back to the
Planning Commission for their consideration of all the conditions placed on
this map by Planning Commission.
The Kelly Ridge Homes, Unit No. 1, Unit No, 2, Unit No, 3, and
Unit No, 4, tentative subdivision maps were put over to Tuesday, June 19,
1973 so Chairman McKillop could be present when action was taken,
73-946 EXTENSION OF TIME GRANTED FOR TENTATIVE PARCEL MAP OF JAMES MARTIN
a ~, 0(o G The tentative parcel map of James Martin recommended for denial
by the Planning Commission discussed, Mr, Martin has requested that this
map be continued so he can acquire adYda to o~~J.rights of way. There is a
g `+
June 12, 1973
------------..-_June 12~ 1973----------------
waiver on this map, Matter discussed,
On motion of Supervisor Ladd, seconded by Supervisor Cameron and
carried, a 90 day extension of time was granted for the following:
1, James Martin, AP 53-14-31, 3 lots, north side of Bille Road,
between Pebble Lane and Pentz-Magalia Hwy,, Paradise, Surveyor:
Gary Lipponcott,
73-947 PUT OVER ONE WEEK: REPORT ON PROPOSED CONTRACT FOR CONSULTANT SERVICES-
CITY _OF' CH1CD AREA PLANNING
At the request of the Planning Director, the proposed contract far consultant
services for City of Chico area planning was put over to Tuesday, Jvne 19, 1973,
73-948 AUTHORIZE EXTENSION OF TIME FOR CATV SYSTEM
Televents of California request extension of time for acquiring
of necessary permits as they have as yet not received their certificate of
~ U~ compliance for Paradise from the FCC. Request discussed. Supervisor Cameron
presented a letter from the Paradise Unified School District requesting
that the Cable TV provide free installation of Cable TV in all of the schools
in the Paradise area, Letter read and discussed, Tt was suggested that the
letter be referred to Televents of California for their consideration and
comments.
On motion of Supervisor Cameron, seconded by Supervisor Ladd and
carried, extension of time from June 10 to August 10, 1973 was authorized for
the CATV system,
73-949 DANCE LICENSE APPROVED
On motion of Supervisor Cameron, seconded by Supervisor Madigan and
carried, the dance license application of the Acapulco Softball Club was
approved for a dance to be held at the Silver Dollar Fair Grounds on
June 17, 1973,
73-950 PRESENTATION BY MR. KEITH LYDE, ATTORNEY FOR DR, OLSON, REGARDING
DR. OLSON'S CLAIM: CLAIM APPROVED
T Mr, Keith Lyde, attorney for Dr, Olson, spoke to the Board regarding
Dr. Olson's claim. Mr, Lyde requested permission to question Dr, Donald Stoner
at this time, He presented an affidavit signed by Dr, Rivers, stating to the
~Q~best of his knowledge Dr, Olson was the medical director of the County Hospital
j DO• at the time the legal actions were taken. The affi~lavit was made a part of
the Board's records,
Dr. Olson was questioned by Mr, Lyde concerning the claims presented
to the Gounty, He stated he was paid $25,00 per hour for operating on patients
at the Gounty Hospital. He explained his manner of payment for the work he
performed, explaining how the patients were billed. It was one of his
duties to supervise all operations performed by the other doctors at the
hospital,
Mr, Lyde stated he had telephoned Mr, Williamson in Miami and he stated he
would sign an affidavit stating he had appointed Dr, Olson medical director of
the hospital, Mr, Lyde stated he felt the County should pay the claim of
Dr, Olson and requested that the Board consider this request,
Request for payment of the claim discussed, Supervisor Ladd Stated that
under the circumstances, he felt the County could not do less than pay the
Page 275,
June 12, 1973
June 12, 1973
doctor for the expenses that he has incurred because of the legal action taken,
Supervisor Madigan agreed, stating that the~District Attorney has dropped the
case, Mr, Mickelson explained his questions concerning the action the Board should
take at this time.
Dan Blackstock, County Counsel, said there are two findings that
the Board must make; (1.~ That this action arose from the scope of Dr, Olsori's
employment with theCounty and {2) That this is for the public's benefit
that the County reimburse Dr, Olson for his attorney fees, Mr, Blackstock read
the Government Code Section that governs these matters, being Section 995.8(b),
He stated that there was evidence that Dr, Olson was an employee of the County;
that some of the doctors were not suppose to be operating unless they had an
experienced surgeon present, There is evidence that Dr, Olson was acting within
the scope of his employment. The operations could not have taken place unless
Dr, Olson was present, Mr, Blackstock explained the situation and the action
the Board should take,
Time spent discussing the action that should be taken by the Board
et this time,
It was moved by Supervisor Madigan, seconded by Supervisor Ladd and
carried, that it was the finding of this Board that Dr, Olson was an
employee of the County at the time set out in his claim to the County,
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, Dr, 01son's claim in the amount of $10,591.17 was approved, with
the finding that (Sec. 995.8(b) Government Code) "The public entity
determines that such defense would be in the best interests of the public entity
and that the employee or former employee acted, or failed to act, in good
faith,,, without actual malice and: in the apparent interests of the public entity,"
and a transfer of funds was approved far payment of this claim.
73-951 CCCJ-REGION C-HOWARD CASAGRANDE PRESENTATION OF COMPREHENSIVE PLAN
DFOR 1973/74
~r ~ Howard Casagrande presented the official version of the comprehensive
plan for 1973/74, He stated he has already presented a condensed version of the
plan to the Board members, The plan follows the general format presented by
the State in developing plans, Plan set out and discussed,
Mr, Casagrande stating that there was an application filed to attempt
to set up 4 area centers, One of the centers is proposed to be at Butte College.
He explained the plan; it will be Balled the Northern California Education
Training Resource Center,
Plan discussed; no action needed at this time,
73-952 APPEARANCE OF GLYNN DOUTHIT, OROVILLE: TWO ITEMS-EMPLOYEE SALARIES AND
HOSPITAL PROPERTY
~ Glynn Douthit, Oroville, stated he felt the County has a good group
of county employees; also have a good group of county taxpayers, He set out
n7~ ~ his feelings concerning salary increases for the county employees, He feels
U that if the Board grants any salary increase, they will be showing bad faith
to the taxpayers, Statement discussed; no action taken,
Mr, Douthit spoke to the Board about the property on which the present
O 00 County Hospital is situated, He stated that this property was donated to the
b Page 276,
June 12, 1973
--~----------- Jmmel2z 1973----~-^--~^--^
County to be used for hospital purposes, and for no other use, He presented
oral evidence of his research into this matter. Discussed; no action taken,
73-953 ADOPT RESOLUTIONS 73-93, 73-'94 and 73-95, APPROVING SALE OF TAX DEEDED PROPERTY
On motion of Supervisor Ladd, seconded bySupervisor Madigan and
carried, the following Resolutions were adopted approving sale of tax deeded
properties by the Tax Collector:
Resolution 73-93, approving sale of AP 051-27-0-002-3, mineral rights
v only, located on Wagstaff Road, Paradise, minimum
price $95.
~ Resolution 73-94, approving sale of AP 141-26-0-021-3, mineral interest only,
located Oroviile Concow Road area, minimum price $$6.
if' Resolution 73-95, approving sale of AP 31-234-6, located in the Thermalito
area, minimum price $120.
73-954 ADOPT ORDINANGE N0, 1359, AMENDING ORDNANCE N0, 1284, SALARY ORDINANCE,
A salary ordinance amendment has been prepared implementing the
Board's decision on employees' pay adjustments, Other changes were also
included in this amendment. Ordinance discussed,
Ray Cudney, Manager of Butte County Employees Association, present
to discuss the proposed ordinance, He requested that this ordinance take
effect as quickly as possible and requested that July 1st be set as the
date the salaries go into effect. Also, his second request was that in
view of the fact that Tehama County and Glen County have adopted emergency
ordinances so that the salary increases would take effect immediately, he J
feels that this County should take the same step,
Mr, Rackerby expiained the Memo of Understanding, Mr, Biackstock
stated that he had contacted Tehama County's county counsel, They did not
enact an emergency ordinance, They have provided for the payment of salaries
by resolution, Mr, Blackstock stated that under theGovernment Code, ordinances
did not go into effect until 30 days after they are adopted,, and that he could
not in any way justify an emergency salary ordinance.
Ordinance discussed,
On motion of Supervisor Ladd, seconded by Supervisor Cameron and
tarried, Ordinance 1359, amending Ordinance No, 1284 of the County o£ Butte,
known as the "Salary Ordinance" was adopted, to become Effective July 14, 1973,
and the Chairman was authorized to sign,
Mr. Rackerby stated he has a resolution that has been prepared dealing
with the subject of the Board's intention regarding cost of living salary
increase for County Employees, Chairman Gilman stated that this resolution
would be handled during the after session,
RECESS: 12:05
RECONVENED: 1:30
73-955 PUBLIC HEARING: ABANDONMENT OF A PORTION OF OLD FORBESTOWN ROAD KNOWN
AS FIG ALLEY: ADOPT RESOLUTION 73-96, APPROVING ABANDONMENT
~~ The public hearing for abandonment of portions of Old Forbestown
Road described as: the alley shown on McI3amee tract map known as Fig A11ey,
from the westerly line of Lots 1 and 10 bounded by 7th Street and Lots 9 and 10,
bounded on the easterly side by the_Featkre.r River, was held as advertised,
Jim Lawson stated that the abandonment wss'iecommended for approv 1 by the
Page 277, ~une i2, 1973
June 12, 1973
Planning Commission on a unanimous vote,
Hearing opened to the public. Appearing in favor; no one. Appearing
in opposition: no one,
Hearing closed to the public and confined to the Board for action.
On motion of Supervisor Ladd, seconded by Supervisor Cameron and
carried, abandonment of portions of Old Forbestown Road described as: the
alley shown on McNamee tract map known as Fig Alley, from the westerly line of
Lots 1 and 10 bounded by 7th Street and Lots 9 and 10, bounded on the
easterly side by the Feather River, was approved, and Resolution No. 73-96
approving said abandonment was adopted and the Chairman was authorized to
sign.
AYES: Supervisors Ladd, Cameron and Acting Chairman Gilman
NOES: None
ABSENT: Supervisor Madigan and Chairman McKillop,
73-956 PUBLIC HEARING: PARADISE RECREATION AND PARK DISTRICT, APPEAL OF
PLANNING COMMIS'SION'S DECISION FOR USE PERMIT
The public hearing for Paradise Recreation and Park District, appeal of
decision of Butte County Planning Commission fora use permit to allow
additional softball field, was held as advertised,
Jim Lawson set out action taken by the Planning Commission, The use
permit was recommended for approval with 6 ayes, i noe, and 1 absent,
Hearing opened to the public, Appearing in opposition to the permit:
I,
1, Mrs, Susan Graham, Mrs, Graham felt Moore Road, which leads to
the baseball field, is too congested and dusty when the ball fields are
being used,
2, Mrs, Rose Darling, Moore Road, Paradise,
3, Mrs. Tom Chase, Warren Road, Paradise,
4, Mr, Tom Chase. Mr, Chase stated that Warren Road, which also
leads to the ball park, is private and was paved by the residents several years
ago,
Appearing in favor:
1, Terry Ash, recreational director of the Paradise Recreation and
Park District, Mr. Ash felt there is adequate parking to accomodate
another softball field, and the Forest Service Road leading to the park
was widened last year, which accomodates more traffic.
2, Dale Anderson, chairman of the Board of Trustees, Paradise
Recreation and Park District, Mr, Anderson stated that the main problem is
the roads, and the Paradise Recreation and Park District would be happy to
meet with the residents and property owners to settle the problem,
Supervisor Cameron stated he and Mr, Castleberry have driven through
the area, and Mr, Castleberry felt it would cost approximately $200 to oil
Upper Moore Road,
Page 278.
June 12, 1973
_ _ _ _ _ _ _ ~ _ _ _ _ June 12 , 1973
Hearing closed to the public and confined to the Board,
On motion of Supervisor Cameron, seconded by Supervisor Madigan and
carried, Paradise Recreation and Park District, appeal of decision of Butte
County Planning Commission for use permit to allow an additional softball
field on property zoned "A-2 Ltd,, located on the west side of Moore Road,
South of Warren Road, identified as AP 50-04-41 was denied, and the Board
concurred with the decision of the Planning Commission for approval of the
use permit.
73-957 PUBLIC HEARING: JACK D. ADAMS, APPEAL PLANNING COMMISSION DECISION
ON DENYING USE PERMIT FOR CABINET SHOP ON NORTH SIDE OF EAST AVE, CHICO
The public hesring for Sack D, Adams, appealing the decision of
the Planning Commission denying a use permit for a cabinet shop on the north
side of East Ave,, Chico, was held as advertised. Jim Lawson, Planning Director,
described the area on a Chico area map. The Planning Commission recommended
denial of the use permit with 8 "Ayes" and 1 "No",
Hearing opened to the public, Appearing in opposition;
1, Mrs, Fredenberg, Marigold Ave,, Chico, Mrs, Fredenberg explained
that a petition is being circulated in her neighborhood to zone the area
suburban residential, She explained her objections to the proposed cabinet shop,
2, Letter read from Mr, & Mrs, Ralph Peacher apposing use permit,
Appearing in favor:
1, Mr, Phil Mace, attorney for the applicant, Mr, Mace presented
a map showing the proposed location of the building for the cabinet shop,
The proposed location for the building is now in the center rear portion
of the lot and its size is 40' x 140', Mr, Mace presented Map B showing land
use in the area, and described land useage in the area, Mr, Mace also presented
a General Plan map of the area, The EIR is negative and there is no drainage
problem,
2, Chester Burg, Mr. Burg owns a stable north of the proposed cabinet
shop site and is in support of its construction,
3. Dorothy Bradley,
Hearing closed to the public and confined to the Board,
Use permit discussed,
On motion of Supervisor Madigan, seconded by Supervisor Cameron
and carried, Jack D, Adams, appeal of decision of Planning Commission on
denying a use permit for a cabinet shop on the north side of East Ave',,
Chico, was denied,
73-958 PUBLIC HEARING: OLIVE L, BROWN, APPEAL PLANNING COMMISSION'S APPROVAL
FOR USE PERMIT TO ALLOW AUTOMOBILE BODY REPAIR SHOP ON PROPERTX ZONED
"A-2" PALERMO
The public hearing for Olive L, Brown, appeal of Planning Commission
approval, Don Farabee, use permit to allow an automobile body repair shop
on property zoned "A-2" (general) located on the south side of Palermo Road,
50 ft, east of Lincoln Blvd,, ideRtifiedas AP 26-144-21, Palermo, was held
Page 279. June 12, 1973
June 12, 1973
as advertised. Jim Lawson stated the Planning Commission approved this
use permit on a 7 to 2 vote,
Hearing opened to the public. Appearing in opposition:
1. Olive L, Brown, Mrs. Brown, who lives adjacent to the proposed
site, felt the paint fumes from the body shop would be hazardous to her health,
Appearing in favor:
1, Don Farabee. Mr, Farabee explained he will install a paint
booth which will filter the paint fumes from his shop,
Hearing closed to the public and confined to theBoard,
Supervisor Ladd felt the lot is too small for this type of usage;
there are residents on three sides of the building, and it is not possible
to take out the odor of paint.
It was moved by Supervisor Ladd to deny the use permit to allow an
automobile body repair shop on property zoned "A-2" located on south side of
Palermo Road, 50 ft, east of Lincoln Blvd,, Palermo,
Motion died for lack of a second,
It was moved by Supervisor Cameron and seconded by Supervisor Madigan
to approve said use permit with the stipulations recommended by the Planning
Commission.
AYES; Supervisors Cameron and Madigan
NOES; Supervisor Ladd and Acting Chairman Gilman
ASSENT: Chairman McKillop
Hearing was continued for one week so that Chairman McKillop could be
present.
x''73-959 ADOPT RESOLUTION 73-97 OF INTENTTON REGARDING COST OE LIVING SALARY
INCREASE FOR COUNTY EMPLOYEES
~ ~,~d On motion of Supervisor Ladd, seconded by Supervisor Cameron and
carried, Resolution 73-97 of intention regarding cost of living salary
increase for County Employees was adopted and the Chairman was authorized
to sign,
73-960 BUDGET TRANSFERS APPROVED
Budget transfers discussed. The Supervisors expressed a desire for
clarification of Transfer B-187,Public Works-Engineering and Administration,
On motion of Supervisor Cameron, seconded by Supervisor Madigan and
carried, the following Budget transfers were approved:
B-177 Planning - $~00 from salaries and wages regular to extra help
8-178 Clerk - $150 from salaries and wages regular to overtime and
$113 from office expense to maintenance of equipment
8-179 Superintendent of Schools - $600 transferred from overtime to extra hel
B-180 Juvenile Hall - $2,7.91 from the reserve to extra help
B-1'1 Welfare - $300 from transportation and travel-other, to equipment
maiPagealp~~.
June 12,-1973
- ~ R ~ - - - - - - - - - -June 12 , 1973- - - - - - - - - - - - - - T -
B-182 Assessment Appeals Board - $55° from the reserve to professional
and special services
B-183 District Attorney - $250 from transportation and travel to
maintenance of eouipment and $1.500 from
the reserve to office expense
B-184 Planning - $!2b from salaries and wages regular with $17.6
going to rents and leases - eouipment and
$300 to office expense
B-185 Public Works - General Administration $700 from communications
to transportation and Gravel
B-1 .6 Public Works - Mapping - $150 from eouipment maintenance to
office expense
B-187 Public Works - Engineering and Administration - $300 from office
expense to maintenance of equipment and $13,000
from Road fund reserve to transportation and
travel - other.
B-18~ Clerk - Elections - $20,722.41 from the reserve to the following
accounts:
Extra help - $7,203.12, overtime
Overtime - 20.69
Office expense - $9,283.26
Professional and
Special services $ 747.84
Publications and
Legal notices $2,886
Rents and Leases -
Structures $ 397.50
These were approved with the understanding that the Board will
receive some clarification on Budget Transfer B-187.
73-961 APPOINTMENT TO CHARTER STUDY COMMITTEE - PUT OVER ONE WEEK
Acting Chairman Gilman stated he was not ready to make the
appointment to the Charter Study Committee and the matter was put over
to the meeting of June 19, 1973.
73-962 SUPERINTENDENT OF SCHOOLS - FISCAL INDEPENDENCE-PUT OVER ONE WEEK
Action on the fiscal independence for Superintendent of Schools
was put over to Tuesday, June 19, 1973.
RECESS: The Board recessed at 2:55 for after noon recess and then to go
into Executive Session.
RECONVENED: The Soard reconvened at 4:20 following an executive session.
County Counsel reported on the litigation concerning Kay Whitney suit.
73-963 RESCIND ACTION ON APPROVAL OF Dft. OLSON'S CLAIM
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, the Board rescinded their action taken this morning concerning .
approval of the Claim of Dr. Olson, and stated that the matter would be
held in abeyance until the Board receives further information.
73-964 MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Cameron extended an invitation to the Board members
to attend a banquet to be presented by the Paradise Chamber of Commerce.
Supervisor Cameron stated he felt the Board should oppose the Nejedly
Senate BiII 1274, which provides guidelines for the allocation of revenue
sharing monies. Bill discussed,
Page 281.
June 12, 1973
June 12, 1973
B-182 Assessment Appeals Board - $554 from the reserve to professional
and special services
B-183 District Attorney - $250 from transportation and travel to
maintenance of equipment and $1.500 from
the reserve to office expense
8-184 Planning - $'26 from salaries and wages regular with $126
going to rents and leases - eruipment and
$300 to office expense
B°185 Public Works - General Administration $700 from communications
to transportation and travel
B-1°6 Public Works - Mapping - $150 from equipment maintenance to
office expense
B-187 Public Works - Engineering and Administration - $300 from office
expense to maintenance of equipment and $13,000
from Road fund reserve to transportation and
trsvei - other.
B-18~ Clerk - Elections - $20,722.41 from L-he reserve to the following
accounts:
Extra help - $7,203.12, overtime
Overtime - 20'.69
Office expense - $9,283.26
Professional and
Special services $ 747.84
Publications and
Legal notices $2,886
Rents and Leases -
Structures $ 397.50
These were approved with the understanding that the Board will
receive some clarification on Budget Transfer B-187.
73-961 APPOINTMENT TO CHARTER STUDY COMMITTEE - PUT OVER ONE WEEK
Acting Chairman Gilman stated he was not ready to make the
appointment to the Charter Study Committee and the matter was put over
to the meeting of June 19, 1973.
73-962 SUPERINTENDENT OF SCHOOLS - FISCAL INDEPENDENCE~PUT OVER ONE WEEK
Action on the fiscal independence for Superintendent of Schools
was put over to Tuesday, June 19, 1973.
RECESS: The Board recessed at 2:55 for after noon recess and then to go
into Executive Session.
RECONVENED: The Board reconvened at 4:20 following an executive session.
County Counsel reported on the litigation concerning Kay Whitney suit.
73-963 RESCIND ACTION ON APPROVAL OF DR. OLSON'S CLAIM
On moCion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, the Board rescinded their action taken this morning concerning
approval of the Claim of Dr. Olson, and stated that the matter would be
held in abeyance until the Board receives further information.
73-964 MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Cameron extended an invitation to the Board members
to attend a banquet to be presented by the Paradise Chamber of Commerce.
Supervisor Cameron stated he felt the Board should oppose the Nejedly
Senate Bill 1274, which provides guidelines for the allocation of revenue
sharing monies. Bi11 discussed.
Page 281.
June 12, 1973
June 12, 1973
.. ~ .. .. ~ m .. ~ - .. - - - - - r .. ~ r - .. _ ~ - - _ r
It was moved by Supervisor Cameron, seconded by Supervisor Ladd
and carried that a letter be sent to the Committee that has taken Senate
Bill 1274 under advisement, stating that this Board opposes said bill,
with a copy of the letter to be sent to Senator Marler and Assemblyman
Johnson.
Supervisor Cameron stated he had received a copy of. the Sacramento
Board of Supervisor's resolution opposing the Tax Initiative Measure of
Governor Reagan. This initiative was discussed at the Nine Northern Counties
Supervisors Association meeting. Bill discussed. Acting Chairman Gilman
stated he would not like to oppose this bill at this time; Supervisor Ladd
concurred with Acting Chairman Gilman. No action taken at this time.
Supervisor Ladd stated he had notice of two other bills. AB 33.
This bill concerns safety employees. He feels that this bill should be
opposed by this County. He would also like to go on record of opposing
AB 571. This bill provides for over time pay and for the maximum work
week. A letter will be drafted in opposition to these two bills. Chairman
to sign said letter.
Supervisor Madigan requested that the Administrative Officer obtain
a report from the Sheriff concerning the theft of evidence within the Clerk's
office. Mr. Mickelson will check on this.
ADJOURNMENT:
__._ There being nothing further before the Board at this ti e, the
meeting was adjourned at 4;30 p.m. to reconvene on Tuesday, June 19, 1973
at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK
Board of S~ rvisors Clerk
Fage 282.
f
irman o e Board
June 12, 1973