HomeMy WebLinkAboutM0620723une 20, 1972
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at,9.~00 a,m, pursuant to adjournment.
' Present: Supervisors Douthit, Ladd, Madigan, Maxon and Chairman Gilman.
Clifton Mickelson, Administrative Officer, Dan Blackstock, County Counsel,
and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors' Clerk.
INVOCATION - Rev. James Flynn, Calvary Southern Baptist Church, Chico
Pledge of allegiance to the Flag of the United States of America
72-1021 CERTIFICATION OF VOTES CAST AT THE JUNE 1972 PRIMARY ELECTION
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
carried, the certificate of County Clerk to the result of the canvass of votes
of the Primary Election held ,Tune 6, 1972 was made a part of the Board minutes as
J follows:
O~ ~ STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
I, CLARK A. NELSON, County Clerk of said County, do hereby certify that,
in pursuance of the provisions of Section 18466 and 18467 of the Elections Code
and of the motion of the Board of Supexvisors of said County heretofore adopted
and entered upon the minutes of said Board, I did canvass the returns of the vote
cast in Fourth Assembly District in said County, at the Primary Election held on
June 6, 1972, for elective public offices, and for and against each measure submitted
to the vote of the voters, and that the Statement of the Vote Cast, to which this
certificate is attached, shows the whole number of votes cast in said Assembly
District in said County, and the whole number of votes cast for each candidate
and for and against each measure in said Assembly District in said County and in
each of the respective precincts therein, and that the totals of the respective
columns and the totals as shown for each candidate and for and against each
measure are full, true and corrects
WITNESS my hand and Official Seal this 20th day of June, 1972
/s/ CLARK A. NELSON, COUNTY CLERK
The County Clerk having completed the final canvass of the returns of the primary
election held throughout the County of Butte, held on the 6th day of June, 1972,
both as to regular vote and absentee vote, as shown on the tally sheets incorporated
in Volume "E" Journal of the Board of Supervisors, and records of the Elections,
Butte County, the Board of Supervisors does now declare the result to be as follows,
to wit:
Total votes cast for primary election . o o . . . . . . . . . . 39,717
The complete returns are in Vol."E" Election Book, Board of Supervisors Journals.
72-1022 SEATING OF NEW BOARD MEMBERS
Clark A, Nelson, County Clerk, administered the oath of office to Supervisors
Douthit and Ladd. He presented them with a certificate of election.
Mr. Nelson commented on the election and procedures of counting the votes on
election night. He explained the matter of the votes regarding the recall,
Supervisor Maxon moved that Mr. Nelson be authorized to request a change in Legislation
regarding Sec. 27214 of the Election Code. Motion withdrawn and County Counsel
requested to look into the provisions and report back to the Board.
Page 120,
June 20, 1972
_________________June 20,_1972 =__~~___--_____
72-1023 A~P~O~AL OF MINUTES
On motion of Supervisor Madigan, seconded by Supervisor Maxon and unanimously
carried, the minutes of June 13, 1972 were approved as submitted.
72-1024 COMMUNICATIONS
~Ed Gordon, Orovilleo
~~~ ~ the EOC election.
Mr. Gordon writes regarding alleged irregularities in
Referred to E.O.C.
Ed Gordan, Oroville. Mr. Gordon writes regarding the hiring practices in the
,yam OV IDC and forwards copy of his letter to Mr. Elmore on this subject. Referred
,to Q.O.G.
Fordyce S-3ckles, Oroville Constable, Constable Sickles informs the Board that
~ Z..~~ he plans to be absent from the state on July 8 through July 15, 1972.
w-- Discussed, Nr. Nickelson will follow through on this matter.
Great Western Financial Corporation. The Company requests that they be forwarded
d 3 all county ordinances relating to Section 11911 of the Revenue and Taxation
~ ~~ Gode entitled "Documentary Transfer Tax Act."
Referred to Mr. Nickelson.
Greater Oroville Regional Sewerage Commission. Charles C. Campbell, chairman
of the Board of directors., requests on behalf of the Commission that
b J Directors Harry A, Nixon and Robert F. Rabe be reappointed to the Commission
for a two year term. The terms of these gentlemen will be concluded prior to
their next regular board meeting scheduled for July 11, 1972 and they
therefore request action by the Board of Supervisors on June 20, 1972.
See action following communications.
Association of State Water Project Agenci~eo Donald K, Currlin, Chairman of the.
~ Executive Committee, writes regarding the Association of State Water Project
tr~a Agencies and their activities and requests that the County of Butte, as
a state water project contractor, consider joining the organization.
Referred to George Staum and County Administrative Officer.
Local Agency Formation Commissinn. The Commission forwards its Resolution No. 72-12
~ approving the establishment of County Service Area.No. 45 for the study,
~ design, construction, maintenance, and the operation of a sanitary sewer
'~=ja service.
See motion following communications.
County of Tulare. The Chairman of the Board writes to notify cancellation of
reciprocal agreements with all counties regarding medical treatment of
4 Qr•~ ~ residents of those counties.
Referred to Administrative Officer.
Yuba County Superintendent of .Schools. Robert J. Wapple, superintendent, writes
to advise that at the election held June 6, 1972, that the electors of the
~ Marysville Joint Unified School District of Yuba and Butte Counties voted
{~ ~ ~ ~ in favor of rearranging the trustee areas from which members are elected
O to the governing board. He encloses a map of the new trustee areas and
a legal description.
Referred to ,County Clerk.
County Supervisors Association of California. The Association sends invitation
/ to counties to apply for selection as the location for the 1975 annual
p ~ ~~ meeting. This will be held in one of the "north" counties. Application
forms are attached. Mr. Maxon felt that this should be referred to the
Nine idorthern.County.Supervisors Associations.-.:
State Division of Highways. The division forwards summary copy of the 1971
Section 256 report and California Continuing Functional Classification
Study Report.
Referred to Clay Castleberry.
Page 121.
June 20, 1972
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State Department of Water Resources. The Department forwards statement of costs
/G, for the Butte Creek watermaster service area for the 1972-73 fiscal year.
~ ~' S'E Referred to Auditor.
The Reclamation Board. The Board forwards copy of its letter to the District
Engineer, Sacramento District U. S._ Army Corps of Engineers, re Butte Basin
flooding problem.
Referred to County Counsel.
Our Savior Lutheran Church, Request for another hearing on their application for
land division of their property> Discussed; action to be taken during
afternoon session.
Mr. and Mrs, Alfred Illgen. Conditions concerning the Fry home for the mentally
r ~ and physically handicapped children, Paradise. Read and discussed.
f (~ ~ ~ Referred to Administrative Officer to get the run-down on the situation and
to answer the letter.
Roger Simpson. Problem of securing permits for building in zoned areas. He
dt7complains of being referred from Paradise office to Oroville office, then
Z'j~• back to the Paradise office. He asks why there are district offices if
they cannot answer questions. Letter read and discussed. Referred to
Director of Public Works and Supervisor Maxon for handling.
C. Evelyn Hobson. Use permit for Aiken Fairbanks. She files her objection to
the issuance of this permit. To be discussed during the public hearing
set on this matter,
Office of Economic Opportunity. Confirmation of agreements reached between
~ Vrepresentatives of Butte County Economic Opportunity Council and the
~?i~' Regional Office staff at the June 7 meeting in the Regional Office.
Read and discussed. No action taken.
72-1025 APPOINTMENTS TO GREATER OROVILLE REGIONAL SEWERAGE COMMISSION
Appointments to Greater Oroville.Regional Sewerage Commission discussed.
It was felt that the appointments should be made by the Supervisors from the
Oroville and Palermo areas.
On motion of Supervisor Douthit, seconded by Supervisor Maxon and
unanimously carried, Zee Sutton was appointed a member of the Greater Oroville
Regional Sewerage Commission, for a two year term.
On motion of Supervisor Ladd, seconded by Supervisor Douthit and
unanimously carried, J. F.Me:yers was appointed a member of the Greater Oroville
Regional Sewerage Commission for a term of two years.
72-1026 ADOPT RESOLUTION, 72-112 OF INTENTION TO ESTABLISH COUNTY SERVICE AREA N0. 45,
HEARING SET FOR JULY 25th, 1972 at 1:30 p.m.
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, Resolution 72-112 of intention to establish County Service
Area No. 45 for the study, design, construction, maintenance, and the operation
of a sanitary sewer service am Paradise, was adopted, July 25, 1972 at 1:30 was
set as time of hearing, and the Chai rman was authorized to sign.
`RECESS: The Board recessed at 9:15 to go into an executive session to discuss
Personnel matters
RECONVENED: The Board reconvened at 9:45 following an executive session
72-1027 DISCUSSION: SB 1949 CONCERNING PAYMENT TO STATE OF MEDI-CAL CONTRIBUTIONS
Dan Blackstock, County Counsel, reported that he had received a caumiunication
from Senator Marler that Senate Bi11 1494 would be heard this afternoon. He said
he was concerned with the timing of this legislation because of the pending recess of
the Legislature. ~ '"_
Page 122, June 20, 1972
June 20, 1972
Mr, Blackstock briefly mentioned AB 923; this bill would-drop all County's
contributions to Medi-Cal, sill explained and discussed. Mro Blackstock said
he would keep the Board informed on these bills.
No action taken.
72-1028 PRESENTATION OF PETITIONS FROM RESIDENTS FROM THE HONCUT AREA ON PROBLEMS
CONCERNING THAT AREA
Mrs. Marilyn Rhamy, Honcut, represented the residents of Honcut. Mrs. Rhamy
read a prepared statement that set out the target areas of the residents.
Slides were shown of the area, and explained by Mrs. Rhamy. She set out the
conditions of the area-and the problems facing these peopled
}} Mrs. Rhamy presented petitions that requested a fire station for the Honcut
U area; with the offer of land for the station to be built upon; she had a
~~' petition which requested a new schoolhouse. She presented a petition requesting a
recreational center.
Chairman Gilman stated that the area of Honcut had a school board; the
request for the new schoolhouse should be presented to the School board, He
said the school board had to posted a notice of their hearing so the residents
would know when they were to meet. The school has been condemned it was stated.
Supervisor Douthit said he would like the poor people to know that he is in
sympathy with them. He would like to suggest that two of the Board members meet
with these people and see if something can be worked out. Chairman Gilman
appointed Supervisors DouthiC and Ladd to meet with these people and to report
hack to the Board. A meeting will be arranged by the residents and the Supervisors
appointed to meet with them.
Fred Frost requested an answer on the request for the fire station. It
was taken under considerationo
RECESS: 10:50
RECONVENED: 11:00
72-1029 APPEARA]gCE: MR DOYL.E STEED SCOTT DRIVE PARADISE
Mr, Doyle Steed, Scott Drive, Paradise, presented a petition concerning the
sewer district proposed for Paradise. The petition was signed by 240 voters of
the area. They requested that the Board set a special election on this matter.
Petition filed with theClerk. Supervisor Maxon said he has received a number
of calls from people who requested that they be allowed to vote on this matter.
Supervisor Maxon said he felt that a special election should be held for these
peoples
Dan Blackstock, County Counsel, stated that this matter has been set for
hearing on July 25th, The people will have a chance to protest at that time,
He said that if 50% or more of the registered voters in that area file a written
protest at the time of the hearing, then there will be no district formed.
If the district is formed by the Board, the people can petition to have the
services tc the district suspended until the matter is put to the vote of the
people in the area, County Clerk will try to determine how many of the registered
voters on the petition reside within the service area.
It was felt that the petition was premature; it was placed in the file to
be set out again at the time of the hearing.
Page 123.
June 20, 1972
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72-10~t3 APPEARANCE: MR. ROBERT STRESSER, OROVILLE
Mr, Robert Stresser, Rt. 2, Oroville, stated he was on the School Board
in Honcut. He said the teachers of the Honcut School had been harassed by
men working under Mr, Elmore. He said that on June 15th he was driving by the
schoolhouse and scout hall. A meeting was being held in the Scout Hall. He
drove to the home of one of the teachers and she told him that an E.O.C.
meeting was being held at the Scout Hall. He went by to the building and
listened to what was going on; he presented an article that was passed out to
the people concerning what should be done in the Honcut area.
Mr. Stresser said he would like to complain about the method used by Mr,
Elmore in calling his meeting, He said the taxpayers in the Honcut area are
not opposed to new homes for these people but they are opposed to the hysteria
tactics used by Mr. Elmore at these meetings. He explained the complaint he
was filing with the Board. Matter taken under advisement; it will be studied
at the time the two Board members meet with the people of the Honcut area.
72-1031 STATf:MENT BY MR. ART ELMORE CON_CERNTNG MEETING IN HONCUT
Mr. Art Elmore, Executive Director of~E.0.C „ stated he had nevex been
to Honcut before last Thursday evening. The people of the Honcut area had
contacted him. They requested that he go down to the Honcut area and survey
the conditions there. He said that Mrs. Rhamy has been working for E.O.C.
as a volunteer at no cost to the County. Mr. Elmore explained the matter of
the meetings in Honcut and how they had been handled. He said thexe is another
meeting scheduled for this Thursday evening.
Supervisor Maxon said that Mr, Elmore kept speaking of the people's rights.
He said the courthouse was the place to file their grievances, Supervisor Maxon
said he felt that Mr. Elmore had paid disrespect to the County and to his job,
He said he felt that Mr, Elmore was agitating these people,
72-1032 A1tT ELMQRE,_E7(ECUTIVE DIRECTOR OF E. ~ C FIRED
It was moved by Supervisor Maxon, seconded by Supervisar Douthit and
unanimously carried, that Art Elmore should be fired from his position as
Executive Director of Butte County's E,O.C „ effective immediately.
Mr. Elmore said he would carry on with his duties until he was properly
relieved from his job.
RECESS: 11:55
RECONVENED: 1x30
72-1033 PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION INITIATED PROPOSER REZCNING
FROM EXISTING INTERIM "A-R" DISTRICT TO PERMANENT "A-R" DISTRICT, FOR AREA LOCATED
IN PARADISE
The public hearing on the Butte County Planning Commission initiated proposed
rezoning from existing interim "A-R" agricultural-residential} district to
permanent "A-R" district, for an area located in the unincorporated area of Butte
County known as Paradise, was held as advertised. Jim Lawson, Planning Director,
summarized the actions of the Planning Coaanission in this matter. The Planning
Commission recommended approval of the rezoning. Area to be so zoned set out
and discussed. Burdette and Gerladine Culp, Paradise, have requested that they
be deleted from the A-R District. Mr. Heinke and Mrs, Cox have also asked that
their separate properties be deleted from this zoning.
Hearing opened to the public at this time.
Page 124.
June 20, 1972
3une 20, 1972
Appearing:
1. Mr. Glen Smith, who stated that he owns 280 acres in this area,
He said he has not had the chance to investigate the matter and wondered how
long he would have to decide whether he wanted to go back to A-2. Jim Griffith,
deputy county counsel, stated that the Board could legally delete his property
at this time.
2. Mr. John Heinke requested that he be deleted from the A-R zone,
3. Mr. A, D, Hodges, Dam Row Lane, Paradise. He stated he would hate
to see this zoning broken down.
4,Mrs. Judy Richmond; she requested that the A-R zoning be maintained as is.
5a Mrs. Jean Kraft, Neal Road; requested that the A-R zoning remain as is.
6. Mrs. Taylor, Neal Road; she favors the A-R zoning.
7. Marjorie Cox, She requested that she be deleted.
8. Mrs. Robert Teaque, Chapparel Drive, Paradise; favors the A-R zoning.
Letters in favor of the A-R zoning read and discussed.
Hearing closed to the public and confined to the Board. Supervisor Maxon
said he hoped that the confusion in this area will be unraveled and that A-R
zoning be allowed to remain, with the requested deletions.
Action deferred until location of the Culp property is determined.
72-1034 PUBLIC HEARING: LEE L. BURNSIDE, PROPOSED REZONING FROM "R-1" (SINGLE-FAMILY
RESIDENTIAL) TO "R-2" (DUPLEX RESIDENTIAL) FOR AREA LOCATED ON THE NORTH SIDE
OF HONEY RUN ROAD PARADISE
-The public hearing on the Lee L. Burnside proposed rezoning from "R-1^
(single-family residential) to "R-2" (duplex residential) for area located on the
north side of Honey Run Road, Paradise, was held as advertised. Jim Lawson,
Planing Director, summarized the actions of the Planning Commission. Planning
Commission recommend approval of the rezoning. There has been no objections
expressed by the neighbors of Mr. Burnside.
Hearing opened to the public at this time. Appearing: Mr, Lee Burnside,
who explained his request for the benefit of the two new Supervisors.
No one appeared in opposition, Hearing closed to the public and confined
to the Board at this time.
72-1035 ADOPT ORDINANCE NO< 1276, ZONING A PORTION OF THE COUNTY AS AN "R-2"
DUPLEX RESIDENTIAL DISTRICT
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, Ordinance No. 1276 zoning a portion of the County as an
"R-2" (duplex residential) district, for area located on the north side of
Honey Run Road, Paradise, was adopted and the Chairman was authorized to sign.
72-1036 ADOPT ORDINANCE N0. 1277, ZONING A PORTION OF COUNTY AN "A-R" (AGRICULTURAL
RESIDENTIAL) DISTRICT, AND ESTABLISHING REGULATIONS FOR THE USE OF LAND AND .THE
Page 125.
June 20, 1972
June 20, 1972
CONSTRUCTION OF BUILDINGS, PARADISE AREA, BUTTE COUNTY PLANNING COMMISSION INITIATED
Mr. Lawson set out the location of the Culp property on the map at this
time. It is contiguous to the P.T.D. boundaryo Supervisor Madigan felt the County
should establish a line at the P.I.D. boundary. Supervisor Ladd said he could
see no reason why these parcels of property could not be deleted from the zoning.
On motion of Supervisor Maxon, seconded by Supervisor Ladd and carried,
Ordinance No. 1277 zoning a portion of the County as an "A-R" (agricultural
residential) district, and establishing regulations for the use of land and the
construction of buildings in the Paradise area, was adopted, with the deletion of
the property south of the P.I.D. boundary line and with the deletion of the
Heinke, Cox and Culp properties, and the Chairman was authorized to sign,
AYES: Supervisors Douthit, Ladd, Maxon and Chairman Gilman
NOES: Supervisor Madigan.
72-1037 PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION INITIATED: BUTTE COMMUNITY
COLLEGE SITE: PROPOSED REZONING FROM "A-2" (GENERAL) TO "A-20" (AGRICULTURAL)
DISTRICT. LOCATED IN COUNTY AROUND CLARK ROAD, PARADISE
The public hearing on the Butte County Planning Commission initiated-Butte
Community College site proposed rezoning from "A-2" (general) to "A-20"
{agricultural) district, located in the County of Butte around Clark Road
containing approximately 4~ square miles, Paradise, was held as advertised.
Jim Lawson, Planning Director, summarized the actions of the Planning Commission.
He set out the area to be zoned.
Hearing opened to the public at this time.
Appearing: Raymond Leonard, attorney at Law, representing Mrs. Leah
Gunn Martin, the owner of the "Lucky 7 Ranch". This is an operating cattle
ranch. Mrs, Martin stated she does not have any recollection of receiving ~
a notice from the Planning Commission, Mr, Leonard said he could not understand
why the college would want to go to a A-20 zoning district. Mr, Leonard set
out the objections of Mrs, Martin to this zoning.
2, Mr, Bill Bethard, Clark Road. He stated he was not in favor
of the proposed rezoning.
3. Mr. Bi11 Tompkins, Paradise.
4. Mr. Grace, Paradise. He said he was a senior citizen; he owns
half an acre of land. He feels that more 2 acre parcels of land should be allowed.
zoning.
5. Mr. Etranett Rix, Clark Road, He explained his opposition to the
6. Mr. Bob Alexander. He feels that this zoning would be an infringement
upon his rights. He requested that the Board reconsider this zoning proposal.
He requested that the Board not only consider what is good for the college but
what is good for the-small tax payer.
7. Mr. Beever Hawk. He requested that the zoning be left as it is
at present.
8. Mrs. Day.
Chairman Gilman said that because of the gravity of this rezoning request,
and because of the two new Supervisors on the Board, he would recommend that this
hearing be continued one week.
Hearing continued to June 27 1972 at 1:30 p.m.
'Page 126.
June 20, 1972
June 20, 1972
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RECESS: The Board recessed at 2:45 for an executive session.
RECONVENEb: The Board reconvened at 3:20 following an executive session.
72-1038 APPOINTMENT OF INTERIM 0. E. 0. EXECUTIVE DIRECTOR
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimous]:y carried, the Administrative Officer was appainted as the interim
Executive Director of the Butte County O.E.O.
72-1039 REPORT BY COUNTY COUNSEL: ACTION TAKEN BY BOARD CONCERNING MR. ELMORE
Dan Blackstock, County Counsel, stated he had been asked-about the legality
of the action taken by the Board concerning the firing of Mr. Elmore. He said
he had done some research on the matter; he reviewed the O.E.O. regulations,
He also discussed the matter with the regional representative of O.E.O. in
San Francisco. He said that the general rule with regards to O.E.O, employees
is that they will be given a right of appeal by a personnel Board, Mr, Blackstock
said it would appear that the Board does have the authority to remave Mr, Elmore;
this is based on the Community Action By-laws. This is based on the theory that
if you have the power to appoint, you would than have the power to remove,
Matter discussed; no action taken.
72-1040 HEARING CONTINUED FROM LAST WEEK: RIDGE REALTY COMPANY, PARADISE,
APPEAL OF PLANNIi~TG COMMISSION'S DECISION ON REQUEST FOR LOT SPLIT BY FLOYD SOPER
Jim Lawson, Planning Director, summarized the actions taken in this^matter
of the appeal of Planning Commission's decision on request for lot split by
Floyd Soper. There was some question about the re-aligning of the road.
Mr. Castleberry said that Public Works feels that the alignment as proposed
would properly fit the parcel as split. He said it is not the best alignment
.but that it is no worse than many others in the Paradise area.
Time spent discussing the question of the alignment. Mr. Castleberry
said he would not encourage any more parcels in the area using this alignment.
Mr. Soper set out the matter of the road and its present widths. He feels
that this is not a new lot split; he feels that this has actually been split
before.
It was moved by Supervisor Maxon that the lotsplit for Floyd Soper be
approved as proposed, with the easement as set out on the map, subject to the
condition of extending the easement.
Motion died for lack of a second.
Supervisor Ladd said he did not see why the right of way could not be
made 60' wide; the present right of way could be extended to 60' in width.
It was felt by the Board members that the present access should all be 60'
in width,
It was moved by Supervisor Maxon that the lot split be approved with
the alignment in its present width as recorded, and approve the exception fox
the 30' right of way as shown on the map.
Motion died for lack of a second,
It was moved by Supervisor Madigan that the Board support the Planning
Page ,127. `^
June 20, 1972
-----------====June 20,=1972 =____~______-__-
Commission`s recommendation for the lot split for Floyd Soper.
Motion died for lack of a second.
It was moved by Supervisor Maxon, seconded by Supervisor Ladd and
carried that the lot split for Floyd Soper be approved with the present
alignment, with the easement being 60' in width, including the right of way
running north and south.
AYES: Supervisors Douthit, Ladd, Maxon and Chairman Gilman
NOES: Supervisor Madigan
72-1041 APPROVE TENTATIVE MAPS
On motion of Supervisor Madigan, seconded by Supervisor Maxon and
unanimously carried, the following tentative maps were approved:
a. Ronald L, Peterson, AP 53-011-57, 2 lots, north of Tahoe Way
and northwest of Clark Road, Paradise.
b. Sid E, Hopkins, AP 44-03-81, west side of Esplanade south of
Eaton Road, Chico,
c, Ronald R. Conte, AP 42-21-32, 2 lots, north side of Oak Park
Avenue, Chico. Engineer: Walter B. Grimes & Assoc.
d. Frank Furman, Inc., AP 34-03-12, 2 lots, east side of Putnam
Drive, Oroville. Engineer: Kendall Engineering.
e. Don M. Spangler, AP 55-01-26, 4 lots, east side of Honey Run
Road, one mile east of Humbug Road, Paradise. Surveyor: Gary Lippincott
F. Bill Bettencourt, AP 56-02-67, 2 lots, northwest of Cohasset
Road, Chico, Engineer: C. W. Bachman.
72-1042 REPORT FROM BILK WzLL.A _Ss ZONING INSPECTOR
Mr. Lawson presented the repart from Bi11 Williams, zoning inspectoro
He stated that there had been a meeting to discuss compliance in County
Counsel's office. Mr. Lawson reported that the zoning inspector is receiving
pretty good compliance at this time. Discussed; no action taken.
72-1043 APPROVE RE UEST FOR MORE COPIES OF GENERAL PLAN FOR LIBRARY ETG.
Mr. Lawson reported that Planning has received requests from the County
Library, Division of Streets and Highways and from the State Division of Parks
for copies of the County's General Plan. This would give the County library
10 more copies to be placed in the library for use by the public. Request
discussed.
On motion of Supervisor Madigan, seconded by Supervisor Maxon and
unanimously carried, the Board approved the request for copies of the County
General Plan being given to the following:
ZO copies for the County Library
1 copy for the State Division of Parks
1 copy for the State Division of Highways
72-7.044 APPROVE LAND DIVISION FOR OUR SAVIOR LUTHERAN CHURCH. PARADISE
The request of Our Savior Lutheran Church, Paradise, for a land division
rehearing was discussed. Supervisor Maxon explained the situation. He stated -
that all the Church was requesting ge 12g oad to the parsonage and the Church.
June 20, 1972
________________June20319Z2=_____ _--_______
Request discussed.
On motion of Supervisor Maxon, seconded by Supervisor Eadd and unanimously
carried, the land division for the Our Savior Lutheran Church, Paradise was
approved, with the 30' driveway to the parsonage, providing that it does not
serve any other parcel of land.
72-1045 REPORT BY BUTTE COUNTY EMPLOYEES ASSOCIATION REGARDING SICK LEAVE
Mr. Robert Charlebois, Manager of the Butte County Employee's Association,
reported on the Employees Association request for a change in provisions of the
Personnel Policies and Procedures Manual regarding sick leave. He stated
that this has been discussed at length with the Personnel Director and the
Administrative Officer. They have discussed the possibility of a sick leave
"buy-back". He explained why this request was being made at this time.
Request discussed. There are several long term employees that are retiring
and if action was not taken on this matter by July 1st, they would not be able
to benefit from the action. It was felt this could be put over until next
week and that a resolution could be prepared and presented for Board action.
It was felt that this would be an incentive for the employee not to use his
sick leave.
Request placed back on the agenda for Tuesday, June 27, 1972,
Mr. Charlebois requested that the hearing with the Board of Supervisors
and the county employees be scheduled for June 28th, Matter discussed.
June 28th, 1972 at 7:30 p.m. in the Board of Supervisors room was set for
the discussion between the County Employees and the Board of Supervisors
concerning the salary requests. It was stated that the resolution regarding
sick leave could also be handled at that time.
72-1046 APPROVE ROAD PERMIT FROM BUREAU OF RECLAMATION FOR LOWER-WYANDOTTE ROAD,
ORO BANGOR HIGHWAY & LAS PLUMAS AVENUE-PROJECT N0. 21553-70-1
Mr. Castleberry, Director of Public Works, reported that as part of the
above project a road permit is required from the Bureau of Reclamation for
construction of a portion of Oro-Bangor Highway on its existing transmission
line right of way. The permit terminates in 50 years similar to the State Lands
Permit for the Ord Bend Bridge and may be revoked at any time if we do not
comply with its provisionso Matter discussed.
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
unanimously carried, the Board approved the road permit from Bureau of
Reclamation and authorized the Chairman to sign.
72-1047 APPROVE CONTRACT CHANGE ORDER N0. 4, FORBESTOWN ROAD FAS PROJECT N0. 759(4)
On motion of Supervisor Douthit, seconded by Supervisor Maxon and -
unanimously carried, Contract Change Order No. 4, Forbestown Road FAS Project
No. 759(4) was approved in the increasing amount of $4,500, which provides
for furnishing, hauling and placing aggregate subbase to maintain passage of
public traffic through the project, and the Chairman was authorized to sign,
721048 APPROVE PAYMENT FOR COVER MATERIAL. NEAL ROAD LANDFILL
Mr. Castleberry reported that Butte County received a bid price of $1,14
per yard off-site supply and negotiated a price of $.88 per yard from materials
at the Neal Road site for approximately 10,000 yards of the lesser priced
cover material. The County has exceeded the 10,000 yards and the contractor
agrees to provide additional material from the landfill site far $,98 per yard.
Request discussed.
Page 129a
June 20, 1972
June 20= 1972
72-1049 APPROVE CHANGE ORDERS, PARADISE PINES UNITS Y0, ll & 15
On motion of Supervisor Maxon seconded by Supervisor Ladd and
unanimously carried, the following change orders were approved and
the Chairman was authorized to sign:
Change Order ~~2, Paradise Pines Country Club Estates Units 1, 2 & 3.
No money involved-permit use of nuclear testing equipment
Change Order No. 2, Paradise Pines Units 10, 11 & 15; no money
involved; permit use of nuclear testing equipment
Change Order No. 2, Paradise Pines Country Club Estates Unit ~k4,
nc money involved; permit use of nuclear testing equipment
72-1050 AUTHORIZE WORK ORDER FOR DURHAM HIGHWAY BRIDGE OVER DURHAM MUTUAL DITCH
On motion of Supervisor Madigan, seconded by Supervisor Douthit and
unanimously carried, the Board authorized the establishment of work order
for Durham Highway Bridge over the Durham Mutual Ditch, work to be done by
county crews.
72-1051 AUTHORIZE ANNUAL PERFORMANCE BOND: ORA RANCH TRANSFER STATION
Mr. Castleberry reported that the contractor of the Ord Ranch Transfer
Station has asked the County to substitute an annual performance bond with
annual renewal in place of 'the five year performance bond as specified. The
$10,000 performance bond would be renewed 90 days prior to the annual expiration
date, and if not renewed the contract would be cancelled, Request discussed.
On motion of Supervisor Madigan, seconded bySupervisor Ladd and
unanimously carried, the Board authorized the annual performance bond
renewable annually in place of the five year performance bond, with the
annual bond renewable 90 days prior to the annual expiration date, and
authorized the Auditor to make the payment for work already done.
72-1052 DISCUSSION CONTRACT FOR PARADISE SEWERS COUNTY SERVICE AREA N0. 45
Mr. Castleberry stated that a contract has been prepared with Cook
Associates who did the preliminary report fox drafting of the project report
and environmental impact statement on County Service Area ~~45. He indicated
that it would not be proper to sign the contract in view of the fact that there
is some question that the district has not been formed at this time. He
explained the situation. Mr. Castleberry said he was looking for direction from
the Board at this time. He said the State Water Quality Board has requested
that he let them know if there should be a hold up in this matter. Mr, Castleberry
said that if the County does not move on this item, the County should make
a plea to the State that the date be extended.
Supervisor Maxon requested that Mr. Castleberry set up a meeting with
Supervisors Douthit, Maxon, Mr. Castleberry and a representative of the Water
Quality Control Board. Mr. Castleberry said he would set up the meeting.
No action taken at this time.
72-1053 INFORMATION ITEM: DEPLETION OF RIGHT OF WAY FUNDS
Mr. Castleberry reported on the depletion of right of way funds. He
said the agreements would be held until the first of July and would then
be processed.. No action needed at this time.
72-1054 AUTHORIZE CLOSING A SIDEWALK EASEMENT CHICO
Mr, Castleberry reported that there was a sidewalk easement in t e C ico
Page 130,
June 20, 1972
-----------===--June=20,=1972 =_______________
area that is causing a neighborhood problem. Problem explained. The motorcyclists
use the easement to get to the property they use. They ignore the County signs.
Matter discussed.
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
unanimously carried, the Board authorized the neighbors to close the 6' sidewalk
easement in the Chico area.
72-1055 REPORT TO BOARD RE APPLICATION OF DIAMOND INTERNATIONAL FOR REDUCTION OF
FEE FOR FINDINGS TN ASSESSMENT APPEALS HEARING: ACTION TAKEN OFF AGENAA
The report to the Board of Supervisors regarding the application of Aiamond
International for reduction of fee for findings in Assessment Appeals hearing
was taken off the agenda at this time to be placed back on the agenda for
Tuesday, 3uly 11, 1972,
72-1056 REPORT ON GUENTHER J. BIEDERMAN: DENIAL OF TENTATIVE PARCEL MAP
Neil McCabe, deputy county counsel, reported on the Guenther J. Biederman
denial of tentative parcel map. He said that Mr, Blackstock had met with
Mrs. Biederman; he suggested several solutions to her. Mr. Blackstock requested
that the matter be continued one month to give her time to pursue the
possibilities as suggested by County Counsel.
Supervisor Douthit said that the Board had left this up to him to
investigate. He said he would also request that the matter be continued.
Matter continued one month,
72-1057 REPORT BX HANK HINDERY, LETTER RECEIVED PROM UNIVAC
Hank Hindery, Data Processing Director, responded to the letter received
from"UNIVAC several weeks ago as requested by the Board, He presented the
Board members a written report on the matter.
Mr. Hindery said another item of question was the matter of election night.
He went over the circumstances that developed. This was an election type that
they had not encountered before. He explained the situation, He said the
~II1 ~~ Lonly hangup was the delivery of the ballots back to the courthouse; most of the
ballots were not received until around 1;00 a.m. The present computer did not
count as fast as the old computer. The program operated a little slower than they
had anticipated. He said they did not anticipate the lengthy ballot count out
in the General Election.
He said the reader hangup was a preventive action. Mr, Hindery stated that
the State Association had formed their committee and were waiting word from
Mr. Hindery to come up and coordinate the efforts of their committee and the
County committee to get the study of the Date Processing operation and equipment
under way. Committee discussed; no action taken at this time.
72-1058 DISCUSSION: RECONSIDERATION OF ACTION fiAKEN ON ORDINANCE 1276, REZONING
FOR LEE BURNSIDE
Time spent discussing the zoning change adopted for Mr. Burnside. It
was stated that if Mr. Castleberry was to issue the building permits immediately,
action should be taken by the Board, Matter discussed. Mr, Castleberry said
they would go ahead with the processing of the permit and await the Board's
decision concerning the adoption of an emergency ordinance. Mr. Burnside said
he would appreciate anything that the Board could do for him.
It was moved by Sugervisor Maxon and seconded by Supervisor Douthit
that the Board reconsider Ordinance 127ii and enact it on an emergency basis "
Page 131.. June 20, 1972
June 20,_1972
so property owner can go ahead with his project, as it would be to the best
interest and benefit of the public.
AYES: Supervisors Douthit, Maxon
NOES: Supervisor Madigan and Chairman Gilman
ABSTAIN: Supervisor Ladd
Motion failed.
Time spent discussing the zoning in the area and the action that should
be taken, Mr. McCabe said that any permit could be processed during the
interim period of the permanent zoning. County Counsel could do some research
and present a recommendation to the Board next week. Mr. McCabe felt the
Board should take the week so that a study could be made and a report given
next week on the situations
Mr. Castleberry was requested to work with Mr. Burnside to see if the
matter can be worked out. Tf it cannot be worked out, then the matter should
be placed back on the agenda.
72-1059 AUTHORTZE_RELEASE OF TAX MONIES IMPOUNDED BECAUSE OF TAXES PAID UNDER PROTEST
On motion of Supexvisor Ladd, seconded by Supervisor Madigan and
'{~ unanimously carried, release of tax monies impounded because of taxes paid
!r a- under protest, in the amount of $373,27b.01, as requested by County Auditor,
was authorized.
72-1060 APPROVE SATISFACTION OF JUDGMENT
On motion of Supervisor Maxon, seconded by Supervisor Ladd and
unanimously carried, the Chairman was authorized to sign the satisfaction of
Judgment satisfying that certain judgment dated the 12th of March 1971, signed
by Vera Northrup of the Municipal Court, in .favor of the County of Butte in
the amount of $1,420.77 against Eber A, Grisso.
72-1061 SATISFACTION OF MORTGAGE RE ELIZABETH MARTIN HELD OVER ONE WEEK
The satisfaction of mortgage re Elizabeth Martin, deceased, was put over
one week at the request of '.County Counsel.
72-1062 APPROVE DESIGNATION OF COUNTY TREASURER TO EXECUTE SATISFACTION OF MORTGAGES
AND LIENS RELATING TO MONIES DUE THE COUNTY
Jim Griffith, deputy county counsel, reported that on April 18, 1972 the Board
designated the Treasurer as the County officer responsible for execution of
satisfactions of mortgages for "mortgages relating to monies owned for hospital
care at Butte County Hospital." As the Collection Agency also takes mortgages
and judgment liens on Welfare, Probation and other accounts as well as Hospital
accounts, it is suggested that the previous action be amended to cover these ocher
situations, Request discussed,
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
unanimously carried, the County Treasurer was designated as the County officer
to have the responsibility to execute satisfactions of mortgages and liens
relating to monies due the County and that the satisfactions have the approval
of County Counsel; and that the Board receive a quarterly report on said
satisfactions.
72-1063 ADOPT RESOLUTION 72-113 APPROVING CONTRACT OF EARLY APPLE ADVISORY BOARD
On motion of Supervisor Madigan, seconded by Supervisor Maxon and
unanimously carried, Resolution 72-113 approving the contxact of early.
App 1e Advisory Board was adopted and the Chairman was authorized to sign the
Resolution and Contract. Page 132.
June 20, 1972
___ ___________June=20,_1972=_~_~~____---______
72-1064 REPORT BY WELFARE DIRECTOR ON ADVANTAGES & DISADVANTAGES OF COMBINED FOOD
STAMP AND SURPLUS FOOD COMNFODTTY PROGRAM: PUT OVER ONE WEEK
The report by Mr. Robinson regarding the advantages and disadvantages
of a combined food stamp and surplus food commodity program as is being started
in Santa Cruz County on a pilot study basis was put over one week.
72-1065 LEAVE OF ABSENCE FOR HOSPITAL EMPLOYEE PUT OVER AT THIS TIlKE
Action on the leave of absence for Bettie L. Preston, LVN, at the County
Hospital, was deferred at this time.
72-1066 PETTY CASH FUND: NO ACTION
The request of the Hospital for authority to increase the petty cash
fund fram $50 to $150 was discussed; no action taken,
72-1067 REQUEST FOR AIR CONDITIONER FOR OUT-PATIENT DEPT. HOSPITAL: PUT_OVER
- The request of the hospital for authorization to purchase an air conditioner
for the Out-patient Department in the amount of $1,850 was discussed, It was
asked if the present air-conditioners were working; present air coolers
will be inspected and a report will be given next-week on their condition.
Matter put over one week for action.
72-1068 AUTHORIZE FIXED ASSETS PURCHASES FOR HOSPITAL
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, the following fixed assets purchases were authorized
fox Butte County Community Hospital:
1. A major record safe class C rating, cost not to exceed $200, funds to
come from savings on adder purchase which was less than budgeted,
2, A DeJur Stenorette dictating machine for $160 with funds to come from
deletion of two filing cabinets which were authorized but have not been
purchased,
3. A laboratory chair to replace a stool which is old, very uncomfortable to
use, at an estimated cost of $63 with funds to come from Account 620
for enlargement of the laboratory-male personnel.
72-1069 AUTHORIZATION GRANT TO MAKE FINAL PAYMENT TO OSCAR DEAKINS, RESTROOMS AT
BUTTE COUNTY FAIR GROUNDS
On motion of Supervisor Ladd, seconded by Supervisor Maxon and
unanimously carried, payment of 10% retention in the amount of $1,664.90
fo Oscar Deakins, contractor, for the grandstand restroom at the Butte County
Fair grounds was authorized.
72-1070 FENDING PROJECT AT BUT1~'E COUNTY FAIR GROUNDS AUTHORIZED
Authorization is requested by the Fair Board for them to advertise for
bids and specifications for the fair fencing project. Funding is from State
Department of Public Works Executive Order F7150 in total amount of $26,000,
of which $17,873075 was used for the rest room facilities, leaving a balance
of $8,12b.25 available for the fencing. Estimated total cost of fencing
project $7,500. Project discussedo
On motion of Supervisor Ladd, seconded by Supervisor Gilman and
unanimously carried, the fencing project at Butte County Fair grounds was authorized,
at a estimated total cost of $7,500.
72-1071 APPROVE LEAVE OF ABSENCE REQUEST
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, a three month non-compensated medical leave of absence
was approved for Hal Rising, building inspector for Public Works Department,
to commence June 20, 1972 and end September 20, 1972.
Page 1330 June 20, 1972
_ _ _ _ _ _ _ _ _ _ _ _ _ _ .Iune~2 0 , =1872 = _ _ _ _ _ _ _ _ - - _ _ _ _
72-1072 AUTHORIZE EXEMPTIONS FROM THE HIRING FREEZE
Four departments have requested positions to be exempted from the
hiring freeze. Requests discussedo
1 ~ ~ ~ On motion of Supervisor Madigan, seconded by Supervisor Gilman and
unanimously carried, the following exemptions from the hiring freeze were
authorized:
1. Public Works - 1 Janitor (Chico Building)
2. Chico Municipal Court - L Typist-Clerk II
3. Civil Disaster -'1 Clerk I/II, extra help
4, Assessor - 1 Real Property Appraiser I
72-1073 SALARY ORDINANCE AMENDMENT: CONTINUED ONE WEEK
The salary ordinance amendment establishing the position of Hospital
Operations Officer was continued one week at the request of Supervisor Douthit.
72-1074 CAR DECLARED SURPLUS'PROPERTY
On motion of Supervisor Madigan, seconded by Supervisor Douthit and
unanimously carried, one 1966 Chevrolet four-door stationwagon, County Car ~~215,
was declared surplus property and the Purchasing Agent was authorized to sell.
72-1075 BUDGET TRANSFERS APPRO~)ED
Budget transfers discussed. B-175, Medical Care Services explained by Ev
Bosworth, Assistant Administrative Officer. This transfer would complete the
countyEs contribution under Medi-Cal this year. It was felt that the County
O ~~Ip ~ should protect itself by making the payment under protest. Mr. McCabe,
f deputy County Counsel, said he does not know if there is any provision for
paying these contributions under protest. It was suggested that this transfer
be held over one week to determine, by County Counsel, if the payment could
be made under protest.
On motion of Supervisor Madigan, seconded by Supervisox Maxon and
unanimously carried, the following budget transfers were approved:
B-164 Oroville Justice Court - $3,170 from reserve with $720 going to
communications, $920 to professional and special services,
$130 Co transportation and travel and $1,400 to extra help
B-165 Recorder - $700 from the reserve with $99.32 going to communications,
,68 to transportation and travel and $600 to office expense
B-166 Juvenile Hall - $500 from reserve and $5.00 from transportation and
travel with the $5.00 going to clothing and personal supplies
and the $500 to professional and special services
8-167 County Counsel - $400 from professional and special services to
office expense
B-168 Planning - $58050 from special departmental expense and $485 from
salaries and wages regular with $100 going to extra help,
$300', to communications, $58.58 to equipment maintenance and
$85 to transportation and travel
B-169 Assessor - $1,335 from office expense to communications
8-170 Superintendent of Schools - $300 from professional and special services
to communications
B-171 Auditor-Controller - Records the expenditure of.$30,000 from the Fire
Protection budget with $3,365 going to E1 Medio Fire District
and $26,635 to the Paradise Fire Protection District to
accomplish the County's contribution to the fire districts
B-172 Auditor-Controller/County Service Area 35 - Expenditure of $61,144.58
from County Service Area ~k35, with the amount going to the
County general fund as revenue for repayment of the loan made
in the prior year
Page 134.
June 20, 1972
--------====-June 20,=19.72 -_--____________
B-173 Auditor-Controller/County Service Area 37 - Expenditure of $11,836.46
from CSA ~~37, with the amount going to the county general
fund as revenue
8-174 Auditor-Controller/County Service Area ~~39 - Expenditure of $119.29
from CSA ~~39 with this amount going to the county general
fund as revenue
B-176 Paradise Justice Court - $150 from professional and special services
with $50 going to jury and witness expense, $100 to office
expense
B-177 Local Agency Formation Commission - $132,63 from the reserve to
publications and legal notices
B-175 deleted until next week.
72-1076 APPOINTMENT TO LOCAL ':APPEALS BOARD: ACTION DEFERRED
At the request of Supervisor Madigan, this item-was taken off the agenda
so that he could determine who is on the Board and their terms of officeo
72-1077 APPOINTMENT OF CONArCTTEE TO MEET WITH THE CITY OF OROVILLE RE SEWER CHARGES
It was felt by the Board members that this item had been handled during
the morning session of this meetingo
72-1078 REQUEST BY SUPERVISOR MAXON FOR HEARING ON REQUIREMENTS OF AB1301
Supervisor Maxon said he would like the Board members to egree to set
a hearing for 30 days and reconsider the mandates of AB 1301. He said he
was receiving many calls regarding this matter. Concern is being expressed,
Supervisor Maxon said he would like an ordinance prepared setting out that
the Covnty would adhere. to nnly the minimum requirements of the bill.
He feels that the Board has made a bad decision in passing the other ordinance.
Supervisor Douthit said he has good evidence that even the State
Legislature admits that they did not know what they were voting on.
Supervisor Ladd said it would be helpful to this Board if a committee
could point out just where the County differs from AB 1301. It was felt
that a report should be made by the Planning Commission and the Subdivision
Committee on the differences of the County Ordinance and AB 1301, The
Board members should be aware of the exact differences, Tf the Board then
feels that something should be done, then the ordinance could be changed,
The new Supervisors will be provided with copies of the present ordinance,
The County Administrative Officer was requested to place the matter on
the agenda in 30 days, Izi the meantime, the matter was referred to the
Subdivision Committee and the Planning Commission for their study and
recommendation concerning the County Ordinance and AB 1301.
72-1079 MOTION TO REDUCE SALARY OF COUNTY SUPERVISORS: MOTION FAILED
Supervisor Maxon said there was a lack of confidence in County Government.
He set out the matter of the raise that the Supervisors had been granted.
He suggested that the salaries of the Supervisors be reduced to $600 figure
as of July 1st. The matter should be put to the vote of the people on the
$700 figure,
It was moved by Supervisor Maxon and seconded by Supervisor Douthit
that the Supervisor's salaries be reduced from $700 to $600 per month,
effective July 1, 1972 and that County Counsel be requested to prepare a
charter amendment to be put to the vote of the people in the General Election
to state that the taxpayers have the right to vote on the raise for the
Supervisors.
AYES: Supervisors Douthit and Maxon
NOES: Supervisors Ladd, Madigan and Chairman Gilman
Motion failed,
......
__ __
.Page I35.
June 20, 1972
______________=June20~13~2======-_......==_=____
It was moved by Supervisor Maxon and seconded by Supervisor Douthit
'that in the future t e salaries of the Board members should be submitted to
the voters of Butte ~ounty,; by a Charter Amendment.
AYES; Supervisors Douthit and Maxon
NOES: Supervisors T,add, Madigan and Chairman GJ:man
Motion failed.
72-1080 MOTION TO RESCIND ORDINANCE ESTABLISHING OFFICE OF ADMINISTRATIVE
OFFICE AND PERSONNEL OFFICE
Tt was moved by Supervisor Aouthit that the Board vote to rescind
the ordinance that established the Administrative Office and the Personnel
Office and in their place have a laison officer with a minimum number of
employees,
Motion discussed. Supervisor Maxon said that this should be done
at budget time.
Motion died for a lack of a second,
ADJOURNMENT•
There being nothing further before the Board at this time, the
meeting was adjourned at 5:50 to reconvene on Tuesday, June 27, 1972
at 9:00 a.m.
ATTEST: CLARK A, NELSON, COUNTY CLERK
-~
By:
Board of S ervisors Clerk
Page 136.
.Tune 20, 1972