HomeMy WebLinkAboutM062772June 27, 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, Carl D. Minick, The Church of God of the Apostolic Faith,
Oroville,
Pledge of allegiance to the Flag of the United States of America
72-1081 APPROVAL OF MINUTES
-0n motion of Supervisor Madigan, seconded by Supervisor Maxon and unanimously
carried, the minutes of June 20, 1972 were approved as submitted with the change
on page 124, Item 72-1032 to state Art Elmore was fired, rather than should be
fired.
72-1082 COMMUNICATIONS
Ed Gordon, Oroville. Mr. Gordon writes regarding the operation of the EOC
~ ~,~ 0 and gives several suggestions.
Read; no action taken.
William Jo Tomkins, Paradise. Mr. Tomkins files ippeal of the decision of the
Planning Commission of June i6, 1972 covering property at the southeast
~ ~ 3 ~D D corner of Clark Road and Wagstaff Road.
Hearing-set for July 11, 1972.
Neighborhood Consumer Information Center, Washington, D.C. Joseph F. Smith,
executive director, forwards capy of their testimony before various sub-
committees regarding appropriations regarding funding of this agency.
Referred.to C.A,A. and Cliff Mickelson.
1972 Butte County Grand Jury, Verne R. Wilcox, foreman, forwards copy of his
~ letter to Mr. Rodriquez, chairman of Butte County Economic Opportunity
~ d'~ Council, regarding an investigation into the causes for the failure of
New Era Enterprises, Inc.
Paradise Civic Betterment Association, The Association sends copy of its
o Q ~ f letter to Sheriff Larry Gillick regarding number of burglaries in the
Paradise co~nunity, and requesting consideration for additional deputies
in that area.
Referred to Sheriff, Administrative Officer, and Don Maxon.
Superior Califoria Comprehensive Health Planning Association. John Brooks,
president, submits a request for consideration in the 1972-73 county budget
l 3 / D•~ 0 for support of the voluntary health planning to this agency. They
t compute Butte County's pro rata share as between the twelve counties in
the area at $2,963.
Will be considered at budget time. ..
California Licensed Vocational Nurses' Association, Inc. James W. Andrews,
representative, writes regarding this understanding of a critical staffing
0~~ ~ ~ shortage of nursing personnel at Butte County Hospital.
~~ Referred to the Butte Count Hos ital Board of Trustees.
'~ Y P•
City of Gridley. The City Council of Gridley has appointed Mayor Edward F.
~.~ p,~ Davis to represent Gridley on the Butte County Civil Disaster Committee
~, replacing former C1-i€ton Shifflet.
The board was informed of this matter.
City of Chico. The City Council accepted the resignation of Mr. Orille R.
~~,0 Grant as its representative to the Butte County Economic Opportunity Council,
and will inform the County when a new appointment to replace him has. been
made,
~ / ~ The board was informed of this matter.
_~ Page 137. June 27, 172
June 27~ 1972
County of Sutter, The County forwards copy of its Resolution No. 72-114
cancelling reciprocal agreements under Section 1475 of the Health and
~~~~A Safety Code covering medical services to non-residents. They also,
as other counties have done, are relying on current Medi-Cal eligibility
standards. Referred to Community F~ospital.
Division of Water Quality Control. The Division forwards notices to
applicants seeking clean water grants number 3, 4 and 5. These
notices ,addressed to community of Paradise, c/o Butte County Board of
Supervisors.
Referred to Clay Castleberry.
California Legislature. James D. Driscoll, chief clerk of the Assembly,
sends copy of Assembly Concurrent Resolution No. 67 relative to streets
~ 0 4' ~' ~ and highways.
Referred to Clay Castleberry.
Governor Reagan. The Governor acknowledges the Chairman's letter regarding
recommendation of AIIen B. Lemmon for appo'ax~tment to the State Air
.~ Z ~•o3Resources Board, stating that the recommendation has been passed to the
appointments section and will be given every consideration,
The board was informed of this matter.
Governor Reagan. TheGovernor expresses his thanks for the Boards's views
on AB 6g1 and mentions a new bill by Assemblyman Z'Berg, AB 2376,
which would retain local controls and encloses press release on this
bill.
Discussed; no action taken.
City of Oroville. Jerrold R. Gonce, City Administrator, informs the board
of the report given by Councilwoman Church pertaining to the last Butte
~~ ~ '~~ County Association of Governments meeting. Information.
o S-~{ Superior California Water Association. Notice of meeting to be held July 5, 1972.
~ Arthur Elmore. Acknowledges receipt of letter from the Board setting out his
dismissal as Executive Director of E.O.C. He requests that the Board
reconsider their decision. Letter read and discussed. He was told that
his letter would be considered and that County Counsel would prepare a
written opinion regarding the matter. Letter referred to County
Counsel for study and his written report.
RECESS: 9:35
RECONVENED: 9:50
Mr. Elmore again requested that he be advised of a specific time that
he would be able to receive the Board's decision on his request. County
Counsel said he would prepare a written report for the Board, but that he
would be willing to meet with Mr. Elmore's attorneys at 1:30 today or at
any time convenient to Mr. Elmore's attorney. Mr. Elmore said he would meet
with him at 1:30 this afternoon.
m'~ff')Tr/~ }~Tv'~.ddh
72-1083 ADOPT ~~16~,.N0_72-114 ADOPTING PROPOSED BUDGET FOR FISCAL YEAR 1972-73
Clif Nickelson, Administrative Officer, presented the Board copies of
the proposed budget for the fiscal year 1972-73. Mr. Nickelson said the
action of the Board at this time would be to adopt this budget as the proposed
budget and set a time for hearing.
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, Resolution 72-114 adopting proposed budget for the fiscal year
1472-73, setting July 10,.1972 at 9:00 a.m. as time for hearing the budget was
Page 138.
June 27, 1972
_ _ _ _ _ _ _ _ _ _ _ _ _ _Jun3 2 71 19 7 2 _ _ _
adopted and the Chairman was authorized to sign.
72-1084 APPEARANCE OF MR. GEORGE FALLTRICK, BROTHERHOOD OF AIRLINE AND RAILROAD
UNIONS; AUTHORIZED LETTER. OF PROTEST TO CLOSING S0. PACIFIC RAILROAD OFFICE
IN OROVILLE
Mr. George Falltrick, chairman of the local Brotherhood of Airline
and Railroad Unions, appeared to speak to the Soard concerning the union's
p, v views on the objections to closing Southern Pacific Railroad office in Oroville.
~ He stated that Southern Pacific has served notice of intention to discontinue
their agency in Oroville. He explained the objection to the closing of this
agency. He said he would like the Board to consider making a formal protest
to the Public Utilities Commission. If a protest is filed, the Public Utilities
Commission will hold a hearing and everyone interested will be given an
opportunity to speak, If there are no grotests filed, then the line will
be closed. He said there were quite a few shippers that used tite line.
Time spent discussing the request and action that should be taken.
On motion of Supervisor Maxon, seconded by Supervisor Douthit and
unanimously carried, the Chairman was authorized to sign a letter of protest
concerning the closing of the Southern Pacific Railroad office in Oroville.
72-1085 AUTHORIZE PURCHASES FOR PUBL]C WORKS
Clay Castlebsrry,,Director of Public Works, reports that Public Works
has need for certain items immediately because of the pressures of work at the
Paradise Pines Development, and at the Chico and Paradise building inspectors'
offices. They request authority to purchase four portable citizen band, two-way
radios for the inspectors at Paradise .Pines development, cost not to exceed $600.
The Administrator's budget has proposed some of this equipment, and if granted
by the Board at this time, this will be eliminated from the budget at budget
hearing time. Also, they request two adding machines, one for the Chico and
one for the Paradise building inspectors' offices. Cost not to exceed $100
each, There is money available in the Building and Subdivision fund for these
items, Request discussed.
On motion of Supervisor Douthit, seconded by Supervisor Maxon and
unanimously carried, authorization was granted to purchase four portable
citizen band two-way radios and two adding machines for Public Works Department,
Building Inspector's offices:
72-1086 CITY OF CHTCO GRANTED JURISDICTION OVER BRXANT AVENUE, CHICO
City of Chico has requested jurisdiction of Bryant Avenue extension
of sewer main, Chico, pending annexation proceedings which have been
instituted for the purposes of installing a sanitary sewer. Request discussed.
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, the City of Chico was given jurisdiction over Bryant
Avenue, between city limits and Palmetto Avenue.
72-1087 APPROVE NOTICE OF COMPLETION, INSTALLATION OF TELEPHONE CONDUIT, SERVICE
MANHOLES AND APPURTENANCES AT COUNTY CENTER - PROJECT N0. BC-72-1
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, the work of Loyd's Electric for the furnishing of
material, laying conduit and installation of service manholes and appurtenances
for a telephone centrex system at Butty County Center was accepted, the
Chairman was authorized to sign the Notice of Completion and the Clerk was
instructed to record said notice with the Oounty Clerk.
Page 139.
June 27, 1972
---------=-===Jung 273 1922= = = = =__ _~____=__
72-1088 ADOPT RESOLUTION 72-115 RE MAINTENANCE OF TRAFFIC SIGNALS
On motion of Supervisor Maxon, seconded by Supervisor Ladd and
unanimously carried, Resolution 72-115 re maintenance of traffic signals
was adopted, the Chairman was authorized to sign and the Auditor was
authorized to issue warrant in the amount of $1,400 and deposit it with
the Division of Highways.
72-1089 APPROVE SPECIFICATIONS FOR PAINTING OF TABLE MOUNTAIN BOULEVARD BRIDGE ACROSS
~EATFiER RIVER (UPPER THERMALITO BRIDGE) PROJECT N0. 28491-72-1
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, specifications for painting of Table Mountain Boulevard
Bridge across Feather River (Upper Thermalito Bridge) Project No. 28491-72-1 was
approved; wage scale was adopted; bid opening date of July 27, 1972 at 11 a,m.
at Public Works office authorized; and transfer of $5,000 of unexpended funds
on Canyon Highlands Drive Work Order No. 5172 to W.O. No. 5293 and use of
unanticipated re-renue of $5,000 from City of Or_oville authori:aede
72-1090 ACCEPT DEEDS FOR RIGHT OF WAY ACQUISITION
On motion of Supervisor Maxon, seconded by Supervisor Douthit and
unanimously carried, the following deeds for right of way acquisition were
accepted and the Chairman was authorized to sign certificates of acceptance:
Big Bend Road (Parcel map) AP 58-20-40 W. Opie
S. Libby Road " " AP 55-211-10 L. Williams
Esplanade " " 44-05-41 J. Brayton
Elliott Road " " 53-23-03 E, Harte
Skyway " " 57-06-28 H, McKeen
Biggs-Rio Bonito " " 22-10-10 D. Bayles, Jr.
Cohasset Road (Use permit) 56-15-84 A, Bjorkman
Sawmill Road ° " 53-17-06 L, Seery
Sawmill Road " " 53-17-06 P. Strawn
Sawmill Road " " 53-17-06 S. Moore
Sawmill Road " " 53-17-06 H, King
Pentz-Magalia Way " 55-29-15 T. Moilan
Cohasset Road " 56-15-56 G. Davis
East Avenue 57191- 70-1 Pcl. 6 J. Tiner
" 12 C. Turner
22 3. Street
" 29 M. Kimmons
Skyway FAS 757(4) 2 L. Halley
Oro-Quincy @ Bald Rock 3 Jo McCallan
72-1091 APPROVE FINAL MAP WEST HAVEN HOMES (EAST AVE. & GUINN, CHICO- 65 LOTS
On motion of Supervisor Madigan, seconded by Supervisor Maxon and
unanimously carried, the final map of West Haven Homes (East Avenue and
Guinn, Chico-65 lots, was approved, offers of dedication accepted and the
Chairman was authorized to sign acceptance of deeds.
72-1092 APPROVE CHANGE ORDERS, PARADISE PINES
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, the following change orders were approved and the Chaixman
was authorized to sign;
Paradise Pines A.D. ~k4 and ~k8, Change Order No. 6. Change in compaction
procedures - no cost
Page 140,
June 27, 1972
June 27, 1972
Paradise Pines A,D. ~k12, ~k13, ~k14, Change Order No. 1. Revised
drainage facilities-decrease in cost $1,931.40.
Paradise Pines A,D, ~fk12, ~k13, ~k14, Change Order No. 2, Change in
compaction procedures - no cost.
Paradise Pines Country Club A,D. ~kl, 2, 3, Change Order No, 3.
Change in pressure reducing station location - increase $1,000.
Paradise Pines County Club AoD. ~k4 - Change Order No. 3. Change in
pressure reducing station location - $250 increase.
72-1093 INFORMATION ITEMS PRESENTED BX PUBLIC WORKS DIRECTOR
(a) Burnside duplex permit (Honey Run Road), Public Works are
proceeding in this matter,
~{d 1.0 ~
(b) 0;.: -ille Transfer statian contract changes, Mr, ~a.cleberry
reported that there would be a meeting Thursday afternoon with all the
operators to discuss this matter, He will report back to the Board on
the decisions x:~ched,
(c) Recreation report - lime Saddle and limited fishing access.
Mr. Castleberry presented the Board members a written report in this matter.
He explained the requests in this item. He said the State Parks & Recreation will
seek to take the option back to administer the Lime Saddle Marina within
the next year or so. This report speaks to the dead-end access and a proposed
boat repair shop,
(d) Paradise sanitary sewers - CSA ~k45, Mr. Castleberry stated that
at Supervisor Maxon's request, he has set up a noon meeting regarding
this matter.
{e) Report on time extensions - Superior Court building contract.
Mr. Castleberry said he had met with the contractor and his attorney and
with Mr. McCabe, deputy county counsel regarding this matter, There were 24
days in question. They have resolved about all but 10 days. The 10 days
are still under consideration but they are hoping that they will be resolved.
Mr. McFarren will be available to talk to the Board about the building.
Occupancy will be available on the July 25th deadline. A report will be given
to the Board by the architect on July 11th,
(f) Mr, Castleberry advised the Board about the question raised
concerning the roads in the Honcuf area. There has been 6 to 7 miles of
new road construction in Honcut and there has been 3 new bridges built.
Mr. Elmore said that the representative of the Palermo Fire Station had
stated that it would take the fire trucks 15 to 20 minutes to go from
the Palermo Fire Station to Honcut. He said there is a great deal of
concern about the roads in that area. Discussed; no action,
72-1094 APPEARANCE OF MR. GARY ALLEN, FEATHER FALLS, DEVELOPMENT OF FEATHER FALLS AREA
Mr, Gary Allen, Feather Falls, appeared to discuss the development of
the Feather Fa11s area, He said he was speaking on behalf of the committee
formed to protest this matter. He said that a mass eviction is planned for
the area, He asked the Board if they knew of the plans for the area. Mr. Curry
said he is the owner of the land; he is signing the eviction notices. Title
of the land is still in the name of Georgia-Pacific, Mr, Blackstock said
he questioned the legality of the notices. Mr. Allen explained what the
geople are being competed to do. They have retained a lawyer to advise them.
Page 141.
June 27, 1972
,- "E
June 27~ 1972
The people up there are very concerned; they will not take action but will
protect themselves legally. They are concerned that something will happen
up there. They feel the Board should be made aware of the situation.
Mr, Allen said the owner has given no reason for the evictions.
Mr, Castleberry said he has talked with Mr, Curry but has bean given no
details or sped €ic plans, There is a lot of planning going on by the
developer himself. Mr. Castleberry said that building permits were obtained
for the building of the porches on the store and bar front,
Chairman Gilman requested that Mr. Castleberry keep the Board
informed of the developments in that area, No action taken at this time,
RECESS: 10:55
RECONVENED: 1'_:00
72-1095 PRESENTATION OF EMPLOYEE SERVICE AWARD: RAY ORRICK
Chairman Gilman, at this time, made the presentation of a service award
to Ray Orrick, milk and dairy inspector for 42 years of service with Butte
Countyo Chairman Gilman thanked Mr. Orrick for his outstanding dedication to
the County.
72-1096 APPEARANCES
1. Mr. Bob Sherrard, Chairman of the E.O.C. Board, presented the
Board a resolution that was adopted last night by the Executive Committee of
o d E,O.C. Resolution read and discussedo The resolution requested that the
Z ~~ Board re-hire Arthur Elmore as Executive Director, No action taken on the
request,
2. Mr, Alan Blair, representative from the People's Office, He
stated they felt that Mr. Elmore had been fired without due process of law,
He said that Mr. Elmore was representative of the poor people in the County
and that the Board should recognize the feelings of these people.
Forbes,
3. Mr. Louis/ a member of E,O.C „ stated that Mr. Elmore fought
dilengtly for the poor people. He set out his feelings concerning the
firing of Mr. Elmore. He requested that the Board not be hasty and deny
these people their right to have someone help them.
4. Mr. Mickel Flicker, Foothill Blvd., Oroville. He read a letter
from Mr. Ed Gordon concerning the firing of Mr. Elmore. Mr. Gordon requested
that Mr. Elmore be re-instated as director of E,O,C.
5. Jane Rutherford, Chico. She is a member of E.O,C. She read a
list of people and organizations who feel that the E,O,C. is important and
that the Board has slapped them in the face with the firing of Mr. Elmore.
6, Tom Lundy, a newly elected member of E,O.C. He said the firing
of Mr. Elmore has caused concern to the members of the E.O,C. Board, He
read a letter concerning the special meeting held last Sunday, The E,O,C.
Board requested that Mr. Elmore be re-hired. They recommend that the Board
of Supervisors transfer the control of the Community Action Agency to the
Economic Opportunity Council without delay.
7, Mrs.Tony Raydof, Paradise. She requested tbat the Board give
up their hold on E,O,C, She said the control should be given to the poor
people of Butte County. They want the power to make decisions for themselves.
8, Ralph Howell, representing the senior citizens of the County. He
read a statement from the senior citizens. They request that Mr, Elmore be
Page 142,
June 27, 1972
_______________June 271 1972= = = = =___________
retained and that the program be given back to the Community Action Agency.
The petition was signed by a number of the senior citizenso
9, Mr. Alan Blair, Chico. He pointed out that the people's
feelings have been disregarded. He felt the Board should be responsive
to the wishes of the poor peopled
10. Mr. Sill Dosher. He is with the Welfare Rights of Butte County
group; they demand that Mr. Elmore be reseated as Director of E.O.C.
ll. Mr. Charles Brown, Chico. He requested that the Board reconsider
their firing of Mr. Elmore and listen to the demands of the people of the
community.
12. Mrs, Lizzie Scott, Sutte County, employee of E.O.C. She said
she was quite disturbed because it is felt that the Board has slapped the
face of the poor people with the firing of Mr. Elmore. She explained her
reasons for requesting that Mr. Elmore be rehired. She said the directors
of E.O,C. felt that Mr. Elmore was for the people; they want him re-instated
as Director,
13. Mr. Richard McClina, Chico State College. He said that the
people demand that the Board reinstate Mr. Elmore.
72-1097 APPEARANCE OF MR. BUD ROHWER, PARADISE
Mr. Rohwer, Paradise, asked the Board if after a use permit has been
granted and another organization takes over the property, was the use permit
still in effect. He lives across the street from the Jehovah Witness Hall.
He said he has no quarrel with any church. His w ncern is that a new unit is coming
in and they call themselves the Community Bible School. The parking is bad on
that street. The neighbors wonder if they will have to contend with this for
another eighteen years.
Supervisor Maxon requested that Mr. Castleberry discuss this matter
with Mr. Rohwer. Mr. Blackstock, County Counsel, stated that the use
permit goes with the land.
Matter discussed. Mr. Castleberry will meet with Mr. Rohwer. No
action taken at this time.
72-1098 DISCUSSION CONCERNING THE FIRING OF MR. ART ELMORE
Supervisor Maxon said the Board has always expressed concern for the
poor people. He said he felt that Mr. Elmore has displayed a flagrant
inability to express the feelings of the poor and the County. He said he
felt that the action taken by the Board of Supervisors on Tuesday, ,tune 20th,
1972, was justified. IIe said he refuses to take any action to restore
Mr. Elmore as Executive Director of E.O,C.
Chairman Gilman explained the actions of the Board and the problem
of funding for E.O.C. Chairman Gilman said he would entertain a motion
to reinstate Mr. Elmore. No motion was made.
RECESS: 12;00
RECONVENED: 1:30
Page 1~+3.
.Tune 27, 1972
June 27, 1972
72-1099 PUBLIC HEARING: 3. D. WILLIAMS, PROPOSED REZONING FROM "RT-1" (MINIMUM
DENSITY RESIDENTIAL TRAILER) TO "R-3" (MEDIUM DENSITY RESIDENTIAL) , PROPERTX
ON SOUTHWEST CORNER OF OROVILLE-BANGOR HIGHWAY, OROVILLE
The public hearing on the J. D. Williams proposed rezoning from "RT-1"
(minimum density residential trailex) to "R-3" (medium density residential)
for property located at the southwest coiner of Oroville-Bangor Highway,
Oak Knoll Way, described as lot 1 and a portion of lot 2 of Block 15,
"Villa Verona," per wall map No. 12 in the office of Butte County Recorder
was held as advertised. Jim Lawson, Planning Director, summarized the
actions of the Planning Coicmiission. Plannino.Commission recommended approval
of the rezoning.
Hearing opened to the public at this time. Appearing: no one.
Hearing closed to the public and confined to the Board.
72-1100 ADOPT ORDINANCE NO. 1278 CONSOLIDATING "~2-3" (MEDIUM-DENSI'EY RESIDENTIAL)
DISTRICTS
On motion of Supervisor Maxon, seconded by Supervisor Dovthit and
unanimously carried, Ordinance No. 1278 emending Ordinance 927, consolidating
"R-3" (medium-density residential) districts was adopted and the Chairman
was authorized to sign.
72-1101 PUBLIC HEARING: PROPOSED ORDINANCE CONSOLIDATING AND AMENDING ORDINANCES
759, 1038, 1054 and 1139, AMENDING THAT SECTION RELATING TO USES REQUIRING
USE PERMITS
The public hearing on the proposed ordinance consolidating and amending
Ordinances 769, 1038,, 1054 and 1139, amending that section relating to uses
requireing use germits was held as advertised. Jim Lawson summarized the
actions of the Planning Commission, Planning Commission recorrmiend approval.
Hearing opened to the public and confined to the Board. Appearing:
no one. Hearing closed to the public and confined to the Board.
72-1102 ADOPT ORDINANCE N0. 1279 CONSOLIDATING "A-2 LIMITED" DISTRICTS,
ORDINANCE NOS. 769, 1038, 1054, 1139 and ESTABLISHING REGtTLATIONS FOR THE
USE OF LAND AND CONSTRUCTION OF BUILDINGS TN "A-2 LIMITED" DISTRICTS
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
unanimously carried, Ordinance No, 1279 consolidating "A-2 Limited" Districts,
Ordinance Nos. 769, 1038, 1054, 1139 and establishing regulations for the
use o€ land and construction.of buildings in "A-2 Limited" districts was
adopted and the Chairman was authorized to sign.
72-1103 PUBLIC HEARING: APPEAL OF GARY FRY, OROVILLE ON DENIAL OF PARCEL MAP
FOR LAND DIVISION ON PONDEROSA WAY, BLOOMERMOUNTAIN AREA
The public hearing on the Gary Fry, Oxoville, appeal of the decision
of the Planning Commission on denial of parcel map for land division on
Ponderosa Way, Bloomer Mountain area was held at this time. Jim Lawson
sumffiarized the action of the Planning Commission. Planning Commission
and the Subdivision Committee concur on the recommendation for denial of this
parcel map. The property. is located on a forest service road. Matter of
access over forest service roads discussed.
Hearing opened to the public at this time. Appearing:
1. Mr. George Chames, OrPo ge1i~4:ealtor. He said tee was representing
June 27, 1972
June 27, 1972
Mr. Fry in this matter. The owners have a prescriptive right of way on
Ponderosa Way. He requested that the Board approve the parcel map.
2. Don Mann, 32 Grand Avenue, Oroville. He stated he owns the
subdivision across the road from Mr, Fry's property. He said that
Ponderosa Way has been opened since 1928 and it has never been closed.
He requested that the parcel map be approved.
Hearing closed and confined to the Board for actimn,
On motion of Supervisor Maxon, seconded by Supervisor Douthit and
unanimously carried, the parcel map presented by Gary Fry, Oroville, for
land division on Ponderosa Way, Bloomer Mountain area, was approved, subject
to it meeting the requirements of the Health Department and with the finding
that it is consistent with the general plan.
72-1104 PUBLIC HF,ARING: BUTTE COUNTY PLANNING COc•~MISSION INITI=.~17-BUTTE
COMMUNITY COLLEGE SITE, PROPOSED REZONING: CONTINUATION OF HEARING
The continuation of 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 42 square miles, Paradise, was held
at this time. Jim Lawson, Planning Director, summarized what has happened
to date in this matter. Area to be zoned set out. He explained the area
that has been recommended to be deleted.
Hearing opened to the public.
Appearing: Mr. Bill Tompkins, Paradise.
Mr. Peter DeVeres, representing Butte College. He spoke
in favor of the proposed zoning.
Mr. H. D, McKinsey, Keller Street, He stated he was
appearing as representative for Mrs, Leah Martin and Mrs, Brown. He
explained their opposition.
Ed Brown, Assistant Assessor, spoke on the rezoning. He said the
more restrictive zoning would not result in a lowering of land value in the
area. Jae said he did not think that 20 acres was an economic unit
in that area,
Wa11y Becker. He opposed the rezoning.
Mr. Bob Alexander, Paradise. He opposed the rezoning.
Mrs. Marjorie Cox, Paradise. She said that if the
County wanted to control the property around the college, they should
purchase all the property.
Mr. Emmett Rix, Lower Clark Road. Spoke in opposition.
Supervisor Ladd said he did not see where the A-26 zoning would
be good for the area. He said this was not prime agricultural Iand; it
is only good for running cattle on or for people to live on. He
said he would hate to see the area developed in an unorderly way.
Chairman Gilman closed the hearing at this time and confined the
discussion to the Board. Time spent discussing the proposed rezoning.
Page 145,
June 27, 1972
__ ___________June 27,_1972=====__-_________
On motion of Supervisor Maxon, seconded by Supervisor Douthit
and unanimously carried, the Board denied the proposed rezoning for
the property located around Clark Road, near the Butte Community College
site, Paradise.
It was moved by Supervisor Ladd, seconded by Supervisor Madigan
and carried, that the direction to the Planning Commission be that
the Planning Director work with the college and the land owners in
the area near the Butte Community College site and come up with a plan that
is good for all those concerned, and that the property owners will be
notified by mail of the proposed plan.
AYES; Supervisors Douthit, Ladd, Madigan and Chairman Gilman
NOES: Supervisor Maxon
72-1105 APPROVE TENTATIVE MAPS
On motion of Supervisor Maxon, seconded by Supervisor Madigan
and unanimously carried, the following tentative maps were approved,
subject to ',he conditions of the Subdivision Committee and rri_th the finding
that the maps are consistent (With the General Plan;
1. Ra".ph Wyatt, AP 31-171-59 & 60, 3 lots, South of Nelson Avenue, and
west of 6th Street, Oroville. Surveyor: Aaron F. Jones
2. Clarence Kindig, AP 51-12-42 and AP 51-104-44, 2 lots, south
side Paragalia Way, Paradise. Engineer: Walter B. Grimes & Assoc.
3. H. P. Baker, AP 62-07-59, southwest of Bald Rock Road, Oroville.
Engineer: Kendall Engineering.
4. Louis D. Ohlson, AP 36-65-19, AP 3b-15-41, and AP 36-21;18, 2 lots,
south side Monte Vista Avenue, and west of Oro-Marysville Highway,
"Villa Verona", Oroville. Surveyor: John W. Hamby.
5. Wynoka Homes, Inc. AP 3b-65-19 (portion of), 4 lots, south of
Monte Vista Avenue, "Villa Verona", Oroville. Surveyor: .john W. Hamby
6. Jenal Inc., et al, AP 57-01-82, 2 lots, east of Coutolenc Road
and Friendly Forest Subdivision, Paradise. Surveyor: John W. Hamby
7. Auston Caplinger, AP 34-48-24 & 25, 3 lots, east of La Mirada
Drive, near Orchard Hill Drive, Oroville. Surveyor: John W. Hamby
8. Evelyn Mae Ingraham, AP 21-16-09, 4 lots, West Liberty Road near
French Avenue, Gridley. Surveyor: John W. Hamby
9. Albin & Jerylle Bills, AP 57-53-15, 4 lots, approx. 625 ft. south
of Hupp-Coutolenc Road, Magalia
10. Monty Lawrence, AP 47-2b-73 (portion of), 4 lots, Keefer Road,
approx. 6 miles north of Chico. Engineer: Walter B. Grimes & Assoc.
On motion of Supervisor Maxon, seconded by Supervisor Madigan
and unanimously carried, the following tentative subdivision maps were
approved, with the finding they are consistent with the general plan,
and subject to the conditions of the Subdivision Committee:
1. Almar Subdivision, Unit No, 1, 22 lots, north side of Bille
Road at Sawmill RoadP,ager~~I~se. Owner: A. L. Marjama.
June 27, 1972
____ __________June 27s 1972=====___-_-____
Surveyor: Gary T. Lippincott.
2. Lori Gardens. Subdivision, 49 lots, northwest and southwest
corners of East Avenue and Guynn Avenue, Chico. Owner: Matt
Meier and Albert Dietz. Engineer: Walter B. Grimes and Assoc.
RECESS: 2;40
RECONVENED: 2:50
72-1106 APPEARANCE OR ART ELMORE, CONSIDERATION FOR REINSTATEMENT AS DIRECTOR
OF E. 0, C,
Mr. Art Elmore requested that correspondence concerning his
dismissal be read at this time, Letters were read from:
Arthur C, Elmore
Henry Peterson, Director, Regional Education Center, Calif, State
University, Chico
Margie Windsor, Membership Chairman, Butte County EOC
Arley Howsden
Telegram from Black Caucus of Butte County
Marguerite J. Mendoza, Office of Economic Opport:uniry
Memo from Clif Nickelson, Ad;ninistrative Officer
Mr. Elmore explained how he had been interviewed for the position
of Executive Director for the local EOC. He said at that time he would
try to turn the program over to the poor people. He requested that the
Board reconsider their decision to fire him.
Mr. Bill Tompkins, Paradise, said that Mr. Elmore was a highly educated
man, He feels that Mr. Elmore has done more than any other person in
the County for the poor people. He said he felt that Mr. Elmore was
trying to alert the Board of the conditions that exist. He requested that
the Board give some consideration to re-instating Mr. Elmore.
Miss Anita Bell, Oroville, read a statement concerning Mro Elmore,
She stated that the staff of CAA had found that Mr, Elmore was an advocate of
the poor. He told them that they must have a good foundation to work
upon; they found this in his guidance. She said the poor people feel
that the Board has cut off their leader.
Mr. Fred Frost, member of the staff of EOC addressed the Board;
he urged the $oard to reconsider their actions.
Samuel Slack, Oroville, stated he was speaking for the poor young
people in the Countye He said that Mr. Elmore had given the young people
of the County something to work for; he feels that what the Board is doing
is wrong.
Mr, Dwayne Elam, Chico, stated that Supervisor Maxon was his
representative and as his representative he should reinstate Mr. Elmore.
He said the poor people have told the Board what they want; they want
Mr. Elmore reinstated.
Raymond Lazer, Butte County. He said he felt there was a depression
in the Country todayo He said the Board had hired Mr, Elmore and Mr. Elmore
had been able to get the people out to work for him. His door was wide open
to help the poor at any time, He asked how the two new Supervisors could
Page 147. -
June 27, 1972
_ _ _ _ _ _ _ _ _ _ _ _ _ _ ,Tune=2Z,=1472 = _ _ _ _ _ _ _ _ _ _ _ _ _
vote to fire Mr. Elmoreo
Supervisor Douthit said he has tried for many years to get a
program implemented Eo get gainful employment for the poor. He has
many ideas of whay type programs would be a benefit to these people.
He has come to the conclusion that the OEO and the director was not doing
the best thing for the poor people. He has talked to Jim Rackerby,
Personnel Director, and they are. implementing a program that will help
get jobs for the poor peopled
Supervisor Ladd said his vote was made because he felt that it was
in the best interest of the poor people, He explained his thinking
regarding the EOC program in the County. He said he would like to see
real cooperation between the Board and the poor people in the program
to help as many of them as possible.
Mr. Able Bauman, Chico, He said these poor people do not hold much
respect for the Board members, There has been a lot of disrespect shown
here today. He said he had worked on the WPA program during the last
depressior_ and he did not go crabbing around to anyone.. The taxpayers
are paying the bill for these people. He felt that the able bodied people
present should be made to work, He said these people should be grateful
to the taxpayers that are paying their bills.
RECESS: The Board recessed at 3:55 to go into an executive session.
RECONVENED: The Board reconvened at 4;32 following an executive session.
Mr. Tony Macky said he had been persuaded to make a statement
today. He said as an interested citizen, it seems to him that the poor
people's arguments outweight the Board's feelingso He said he felt that
the Board members were insensitive to the feelings of the poor people.
He felt the Board should grant the request of these peopled
Wanda Beverley explained why she was going to hit Barbara Schafer,
-I~.'.4Y reporter. .
Doris Goodson, an elected representative of the poor people, said
she felt that these people should not have to plead to reinstate
Mr, Elmoreo She requested that the Board members make a motion to have
Mr. Elmore reinstated.
Chairman Gilman said he has called for a motion to reinstate Mr.
Elmore without any response. The Board is not going to rescind their
action of last week. He said as far as the request that the EOC be designated
as the GAA, the Board might give this consideration in the future, The
Board will make no direct decision on this matter at this time, The Board
will not consider reinstating Mr. Elmore and in the meantime, Mr. Mickelson
is the interim director.
Mr. Flavio Silva, speaking in behalf of the Mexican-American residents,
requested that the County divorce themselves from the EOC. These people
were shocked at the action of the Board in firing Mr. Elmore. He feels
that the Board was dozte a great injustice to these people. He said this
action would be made a national incident.
Mrs. Edna Taylor, and her four children, stated she was a newly
elected representative to EOC. She was quite abusive in her remarks to
Page 148>
June 27, 1972
. "5:
June 27, 1972
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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Supervisor Maxon.
Mr. Elmore said he has sore items for the poor people he would
like to present. The Chairman told him to present them at the next
Board meeting.
72-1107 APPROVE COOPERATIVE AGREEMENT WITH DIVISION OF FORESTRY
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
~ G~,Oa unanimously carried, the cooperative agreement with the Division of
Gorestry for fire protection services was approved in the amount of
$469,580 and the Chairman was authorized to sign.
72-1108 AUTHORIZE PURCHASE OF AIR CONDITIONER FOR OUT-PATIENT DEPT. HOSPITAL
On motion of Supervisor Maxon, seconded by Supervisor Ladd and
unanimously carried, purchase of air conditioner for out-patient department at
the Commur~ty Hospital was authorized at an estimated co:-t of $1,850,
72-1108 ADOPT RESOLUTION 72-116 ESTABLISHING BUTTE COUNTY COMMISSION ON
SENIOR AFFI.!_RS
Resolution discussedo Mr. Elmore requested that representatives
of the low income senior citizens be represented on the Commissiono
Mrs. Rellaford responded to this stating that the Paradise council
have quite a few of the low income senior citizens on the council,
It has been suggested that the Commission be composed of ZO people,
two from each Supervisorial Districto Mrs. Rellaford said she was sure
that the low income people would be represented on this Commissinn.
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, Resolution 72-116 establishing Butte County Commission
on senior affairs was adopted and the Chairman was authorized to sign.
72-1109 RECOMMENDATION FOR ALTERNATE MEMBER FOR ASSESSMENT APPEALS BOARD: PUT OVER
At the request of County Counsel, the recommendation for alternate
member for Assessment Appeals Board was put over to the next Board meeting.
72-1110 REPORT REGARDING SATISFACTION OF"MORTGAGE RE ELIZABETH MARTIN, DECEASED
~ SATISFACTION APPROVED
~d (p •0 Dan Blackstock, County Counsel, reported that they have researched the
matter of a satisfaction, of mortgage re Elizabeth Martin, deceased. The
mortgage was only signed by a joint tenant and she died. The County did
obtain all the remaining funds from this estate. Situation discussed.
On motion of Supervisor Madigan, seconded by Supervisor Maxon and
unanimously carried, the Chairman was authorized to sign a satisfaction of
mortgage covering the mortgage signed by Albert Eugene Martin on November 17,
1961 and recorded in 73ook 1153 at page 303 of Official Records and the
Treasurer's office was relieved of accountability of the balance due on the
account of Elizabeth Martin in the amount of $13,677.17.
RECESS: The Board recessed at 5:00 p,m, to reconvene on Wednesday, June 28,
1972 at 7:00 pom.
Page. 149.
June 27, 1972
~-
_ _ _ - _ _ ~ _ ~ _ _ _ _June 28,, 1972_ _ _ _ _ _ _ _
RECONVENED: The Board reconvened at 7:00 p.m. Present: Supervisors
Douthit, Ladd, Madigan, Maxon and Chairman Gilman.
Clif Mickelson, Administrative Officer, Dan Blackstock,
County Counsel and Clark A. Nelson, County Clerk, by
Margie Catt, Board of Supervisors Clerk.
72-1111 ACKNOWLEDGE RECEIPT OF DIVIDENDS: COUNTY S9"r'ETY PROGRAM
Clif Mickelson,'Administrative Officer, reported that the County
has received a compensation insurance dividend refund in the amount of
$33,878.04, This dividend represents $7,085.&4 adjusted dividend
policy year 1968 and $26,792.40 initial dividend for policy year 1970.
These dividends are a result of the County's effective safety program
and the cooperation of the employees in minimizing industrial accidents.
Ors motion of Supervisor Maxon, seconded by Supervisor Madigan
and unanimously carried, the Board acknowledge receipt of the dividends
and expressed appreciation to the employees for their cooperation and
support of the County safety program,
72-1112 AUTHORIZE EXEMPTIONS FROM HIRING FREEZE
On motion of Supervisor Douthit, seconded by Supervisor Madigan and
~ 3 ,d~ carried, the Board authorized exemptions from hiring freeze for the
following:
to Welfare Department - 1 Stock Clerk Deliveryman, Extra help
2 Eligibility Workers I or II
2. P,E.P, - 6 loborers
3 laborers, extra help
3. Public Works - 1 Lifeguard Manager, extra help
4. Hospital - 1 surgical supervisor
5 Head or staff nurses
2 LVN or Nurses aides
3 Orderly's
1 Building serviceman
1 hospital plant operator, extra help
1 Admissions Clerk, extra help
12 LVN's or Nurses Aides, extra help
AYES: Supervisors Douthit, Ladd, Madigan & Gilman NOES: Supervisor Maxon
72-1113 AFFIRMATIVE ACTION PLAN AND COMMUNITY WORK EXPERIENCE CONTRACT (CWEP)
HELD OVER
The resolution establishing the affirmative action plan and the
Community Work Experience Contract (CWEP) was put over to July 11, 1972
Board meeting.
72-1114 THERMOFAX SECRETARY MACHINE DECLARED SURPLUS PROPERTY
On motion of Supervisor Maxon, seconded by Supervisor Ladd and
unanimously carried, an old Thermofax Secretary machine at the Hospital was
declared surplus property and the Purchasing Agent was authorized to
dispose of the same,
72-1115 AUTHORIZE LETTER OF INTENT TO POSTAL, SERVICE RE FOOD STAMPS
On motion of Supervisor Madigan, seconded by Supervisor Douthit and
unanimously carried, authorization was granted to send a letter of intent
to the Postal Service regarding the signing of a contract to have them
act as issuing agent for food stamps.
Page 150.
June 27, 1972
P_
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72-117.6 RESOLUTION REGARDING SERVICE FEES ON IMPROVEMENT BONDS: HELD OVER
The resolution regarding service fees on improvement bonds was
held over to the meeting of July 11, 1972.
72-1117 BUDGET TRANSFERS APP ROVED
~ ~ Budget transfers discussed.
j 6 ~ On motion of Supervisor Madigan, seconded by Supervisor Douthit and
unanimously carried, the following budget transfers were approved:
B-175 Medical Care Service, $51,249 from general fund reserve for
confingencies and $52,751 from Medical Care Services fund reserve for
contingencies, with the total of $104,000 going to the 1+9~ica1 Care
Services budget - Contributions to Other Agencies.
B-178 Public Works - transfers balance of $60,200 in the road reserve to
road maintenance budget
B-179 Assessment Appeals Board - $1,900 from the res?a~~e to the
professional and special services
B-180 Superior Court - $2,000 from the general fund reserve to
professional and special services
B-181 Gridley Justice Court - $38.44 from office expense to
transportation and travel
B-182 Auditor-Controller - $5,000 from the special road fund to
the road fund and sets up $10,000 appropriation
for the upper Thermalito Bridge painting job.
The additional $5,000 comes from unanticipated
revenues because of the City of Oroville's
' contribution to the project.
B-183 Agriculture - $600 from regular salaries to transportation
and travel
B-184 Chico Marshal - $200 from transportation and travel to
communications
B-185 Welfare - $2,000 from professional and special services to
office expense
B-186 Memorial Ha11s - $1,425 from regular salaries with $1,300
going to utilities and $125 to communications
B-187 County Buildings - $1,500 from regular salaries with $1,400
going to utilities and $100 to equipment maintenance
B-188 Auditor-Controller - $1,820 from regular salaries with $1,400
going to office expense, $370 to communications
and $50 to .transportation and travel
72-1118 APPOINTMENT TO LOCAL APPEALS BOARD & APPOINTMENT TO KIMSHEW
METER
The appointment to Local Appeals Board and to Kimshew Cemetery
District was put over at this time to Tuesday, July 11, 1972,
72-1119 MEETING WITH REPRESENTATIVES OF EMPLOYEES ASSOCIATION
The meeting with the representatives of the Employees Association
O ~ ~~ was held at this time. Jim Rackerby, Personnel Director, Robert Charlebois,
I Manager of the Butte County Employees Association; John Sullivan,
representing the California Nursing Association and James Andrews, representing
the LVN Association were present,
Roy "Butch" Pritchard, president of the Employees Association,
thanked the Board the opportunity of discussing the employees demands
with the Board members. He stated that Mr, Charlebois would make the
presentation.
Mr. Charlebois presented the Board members a summary sheet
that set out the requests of the employees. He summarized the requests.
He said the purpose of this meeting was to bring the Board members up
to date on the nine meetings that have been held concerning the salaries
of the employees,
Page 151. June 28, 1972
_ _ _ _ _ __ .__ Jun_e__28,__1972 _ _ _ _ _ _ _
ADOPT RESOLUTION 72-117, sick leave benefits _ - -
The proposed resolution to amend Section 9,2 of the Personnel Rules
to permit limited sick leave buy-back for employees to terminate in good
standing was discussed„ Mr. Gharlebois requested that the word "may"
be changed to 1'shall", when the sick leave time reaches 30 days. It was
felt that this type program would provide incentive to the employees to
not abuse their sick leave. Resolution discussed.
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, Resolution 72-117 amending No. 62-5 relating to
sick leave benefits was adopted and the Chairman was authorized to sign.
Mr. Gharlebois set out the salary increase request. The Employees
Association had originally requested a 20% increase. Justification for
the request set out. He reported on what other counties were doing
concerning increases for employees. He said that after meetings with
Administrative Officer and the Personnel Director, they have lowered
the request to 7.2 increase, across the board. The Board has offered a
3.5 increase. He asked that the Board reconsider the salar~• increased
for the employees.
Supervisor Douthit stated that he felt all of the county employees
are doing a good job. He mentioned that maybe the higher paid employees
should get a decrease in pay and only the lower paid employees be given
an increase, Mr. Gharlebois said he did not think it would be right
to decrease the salaries. Supervisor Maxon said the lower paid employees
are definitely not paid enough.
Salary increase requests discussed.
It was moved by Supervisor Madigan, seconded by Supervisor Douthit
and unanimously carried that the Board reconsider the matter of the
salary increases for Butte County employees.
Mr. Gharlebois said he felt that there are many employees who could be
advanced. Some are already doing the work but they are not receiving the
advanced pay. Also some employees have been classified as extra help
for three or four years and have not been changed to regular help. They
are not building up retirement and cannot receive any of the benefits
offered to regular employees,
RECESS: 9:10 p.m.
RECONVENED: 9:20 p.mo
John Sullivan, representing the California Nurses Association, said
he had nothing to discuss at this time. He would discuss the situation
at another time.
72-1120 DISCUSSION: REQUEST OF VISTEC CHICO
Mr. Dan Pelliccotti, representing Vistec, appeared to discuss the
use permit for Vistec development in Chico. He stated that Vistec
would do whatever the Planning Commission requested them to do. He
requested the Board to consider their request and to make a decision
in the matter. Wayne Wedell, also speaking for Vistec as their
architect, stated that this was the most efficient way to build houses.
Eric Bathers, Mayor of Chico, .said that the City of Chico would go
along with whatever the county wants. The City Council feels that the Chico
area should be protected. He feels that higher density in this area
will create problems.
Clay Castleberry Director of Public Works, set out the problem
of their drainage and sewer systems. Chairman Gilman said that everyone
he has talked to has been opposed to the project. He felt the terms of
the use permit should be altered.
:t
John Stutz asked if the City of Chico has a right to determine the
use of the land, He feels that there will be problems with the sewers.
- 7 ~~
_____= W====June28~3.9Z2=====_________
Michael Perelman, Economic Professor, Chico State College felt that
the land has agricultural value; he has been working with the U. S,
Department of Agriculture on a study of small farms.
It was moved by Supervisor Maxon that the present use permit be
changed to allow Vistec to build a community sewer system to be
maintained by an association of home owners on the condition that they
post a $5,000 bond, Motion died for lack of a second.
Robert Britton proposed an informal private service area,
Ed Morrison felt that the houses will cause traffic problems because
of the college students that would be living in themo The morning
hours would be dangerous on some of the streets when they were traveling
to collegeo
It was moved by Chairman Gilman, seconded by Supervisor Madigan
and unanimously carried, not to deviate from the condition for the use
permit for 1%istec pertaining to the Community Sewer System and to set a
public hearing to reconsider the use permit in order to decide this once
and for all. on how the matter should be handled, Hearing set for July 26,
1972 at 7:00 p.m, at the Chico Memorial Hall in Chico,
72-1121 APPOINTMENTS TO GREATER OROVILLE REGIONAL SEWERAGE COMMISSION
On motion of 'Supervisor Ladd, seconded by Supervisor Madigan and
unanimously carried, .the Board rescinded their appointments of Frank Meyers
and Lee Sutton to the Greater Oroville Regional Sewerage Commission,
as they do not live in the area prescribed, and reappointed Robert Rabe
and Harry A. Nixon as members of the Greater Oroville Regional Sewerage
Commission,
Clif Nickelson, Administrative Officer, state that Board
members should be appointed to a committee to discuss the city sewer
charges,
On motion of Supervisor Madigan, seconded by Supervisor Maxon
and carried, Supervisors Douthit and Ladd were appointed to meet with the
City of Oroville to discuss the sewer charges, Supervisor Douthit
declined the appointment. Chairman Gilman to take•.Supervisor Douthit's
place. Motion carried, with Supervisor Douthit abstaining to voted
ADJ_OU_RNNiENT:
There being nothing further before the Board at this time, the
meeting was adjourned at 11:05 p,m, to reconvene on Monday, July 10, 1972
for budget hearing,
ATTEST: CLARK A. NELSON, COUNTY CLERK
BY ~ y ' _ Ck
Board of Sup visor's Clerk
Page 153.
June 28, 1972