HomeMy WebLinkAboutM071172July 11, 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. Ray Singer, Bethany Bible Foursquare Church, Chico.
Pledge of allegiance to the Flag of the United States of America
72-112.4 APPROVAL OF MINUTES
On motion of Supervisor Madigan, seconded by Supervisor Maxon and unanimously
carried, the minutes of June 27, 1972 were approved as mailed.
72-112 5 COMMUNICATIONS
James C. Rowan, Paradise, Mr, Rowan offers his services to the committee for
~~ ~, 3 ~ evaluation of the Data Processing Department and enclases brochure.
Put over one week,
Virden Gregory, Paradise. Mr. Gregory files appeal to the Planning Commission's
~ ~ 3 b u denial of use permit on Parcel 50-7-370
Public hearing set for August 1, 1972 at 1:30 p.m.
Frank Achstatter and Mrs< Lorene Klein, Paradise. Appeal is filed to the
~ ~ ~ ~ ~ Planning Commission's denial for use permit to construct duplexes
on the south side of Damro' Lane, Paradise.
Public hearing set for August 1, 1972 at 1:30 p.m.
Ronald W. Marjama., Paradise. Almar Subdivision Unit No, 1 has been tentatively
approved by the Board with conditions. Mr. Marjama appeals the conditions
~~ 3 'b ~ recommended by the Planning Commission that sidewalks be put in, He
feels that curbs of a rolling type and gutter would be adequate,
Put over one week,
Norris M. Goodwin, Oroville. Mr. Goodwin files appeal to the Planning Commission's
~!3 d ~ denial of zoning request for Mr. August Oo Heintz.
Public hearing set for August 1, 1972 at 1:30 p.m.
Kevin H. Fischer, Paradise. Mro Fischer requests that his Parcel No. 57-9-22 be
annexed to the existing County Service Area No, 4, and that it be included
in any sewerage district that will be formed in the area,
Clay Castleberry will give a report next week.
PauL,M. Stanfield, Oroville, Mr. Stanfield requests the Board to sustain the
/7 3 ~ ~ Planning Commission's rejection of petition of August Heintz to rezone
his property on Skyline Boulevard for mobile home use,
Public hearing set for August 1, 1972 at 1:30 p.m.
Petition. A petition signed by 26 residents request the retention of the scenic
O ~ highway designation on Pentz Road from the southern boundary of the
~,l 2j , P.I.D, to Messila Valley Road,
Referred to the Planning Commission.
John L. Baldwin, Magaliao Mr, Baldwin sends letter and details on a problem developed
by him called Operation Right Step concerning the crime, welfare and
unemployment reduction,
Referred to Clif Mickelson and the CCCJ.
Millington & Millington, Gridley. The Attorneys forward copy of letter to Mr. Robert
E, Whitcomb of Oroville regarding "Bootleg Subdivision,"
T as ° .
t~ (} Referred to Dan Blackstock.
Page 160.
July 11, 1972
_________________Ju1y1111972'T ___________
Butte County Assessor, The Assessor files his report on the assessment roll for
~ ~/ D ~ the 1972/73 fiscal year,
Net assessed value, $275,707,673.00,
Lake Oroville Recreations Committee, The Committee requests that the Board set up
a meeting with Department of Parke and Recreation, NOD and the Committee
~~„~ ~~ to discuss the status of recreation on Lake Oroville, construction progress
and the status of the State's master plan for development.
Discussed; Supervisor Maxon will follow through on this matter.
City of Chico. The City notifies the Board of the appointment of Mrs. Sylvia Jarrett
as its representative to the Butte County Economic Opportunity Council, Inc,
~,~~~ They request confirmation from the Board as the CAA and notification to the
City Council. See motion following communication.
The Board was informed of this matter,
City of Chico. The City forwards copy of its letter to the Califarnia Highway
~ Q D a Commission concerning the City's request for an investigation into the
improvement of the Cohasset Road interchange on Route 99, Chico.
The Board was informed of this matter,
City of Westminster. The City sends copy of its Resolution No, 1392 urging the
/ p Q, Q 5" legislature to adopt laws simplifying and modernizing the judicial process.
The Board was informed of this matter.
Paradise Fire Protection Districts Chief Tolle writes that the Paradise Fire
Protection District was referred to as opposing the termination of the
~~'-~ ~ EOC Directoro He advises that the District did not authorize any such
reference, nor do they condone such unauthorized action,
The Board was informed of this matter.
County of Alameda, The County forwards Resolutfi~on No. 144229 terminating reciprocal
agreements for medical care to indigents of various counties, Butte County
Q ~ d O being included, {Refer to Hospital)
Referred to hospital board,
County of Alameda, Alameda County joins with other counties in requesting that
services provided by another county to residents c•f their county be based
b~~ a on eligibility standards under the Medi-Cal program. (Refer to Hospital)
Referred to hospital board,
County of Shasta. The County sends copy of its Resolution No, 72-264 terminating
o / O d reciprocal agreements with other counties for care of indigents. (Refer
to Hospital)
Referred to hospital board,
County of Merced, The County writes forwards its Resolution No, 72-116 terminating
reciprocal agreements for the care of indigents with various counties,
(o O ~ d ~. (Refer to Hospital).
Referred to hospital board.
County of Tehama. The County writes concerning the proposed regulations for
~j' administering the Open Space Subvention Act in Title 14, California
~'-3 / Administrative Code. (Copy enclosed with agenda.)
Referred to County Counsel.
County Supervisors Association of California. The Association writes regarding
~ !~ S final legislative action and consideration of the 1972-73 state budget
by the Governor.
The Board was informed of this matter.
State Department of Water Resources. The Department forwards statement of costs
~~ 0 ~ for watermaster service in the Pine Creek Service Area for the 1972-73
fiscal year. (Refer to Auditor)
Referred to Auditor and George Stamm.
State Public Utilities Commission, The Commission writes regarding the order to
reduce the agency station at Oroville to non-agency status effective
July 16, 1972, They request that any representation or protest with
respect to this proposal he made at an early date,
The Board was informed of this matter.
Page 161.
,7uly 11, 1972
,Zuly_11,,~1972
State Department of Conservation. The Department forwards copy of its letter
~ ~ ~ ~ to Sheriff Gillick regarding availability of a trained and equipped
~ mountain rescue team under the auspicies of the California Ecology Corps.
Referred to Sheriff Gillick.
State Department of Social Welfare. The Department forwards three copies of
the agreement to be executed between the County and the Department for
eligibility and grant determination functions, They request an early
consideration and action by the Board in executing the agreement.
Referred to Clif Nickelson and Ed Robinson.
State Department of Social Welfareo They forward copy of Circular better No. 2580
y/, 4 D re Welfare Electronic Data Processingo
Referred to Clif Nickelson and Ed Robinson.
Office of Economic Opportunity, Marguerite Je Mendoza, community support specialist,
informs the Board that the supplemental grant request for. $25,000 could
~ ~.~ b not be honored due to insufficient funds to cover all f~. cal 72 grant
requests. The Board is invited to submit a request for $25,000 advance
on the 73 fiscal year local initiative guidelines, Thr ~ special
conditions are outlined.
This matter will be taken up later in the meeting,
Interim Executive Director EOC. Two motions passed and carried unanimously at the
June 29, 1972 meeting forwarded for Board consideration, The first is
to delegate authority to the EOC and reinstate Art Elmore as executive
director. The second is an endorsement of recommendations presented to
the Board on June 27, 1972 by Robert Sherrard, past chairman of the EOC.
To be taken up at 1:30.
Brooks Houghton, acting chairman EOCo The Chairman writes regarding motion passed
unanimously at the. June 26, 1972 meeting requesting the Board to reinstate
Art Elmore as executive diresS~or and that the Board relinquish themselves
as the Governing Board o£ the EOCD This resolution, which was presented
to the Board on June 30 by Mr, Sherrard, and adopted unanimously by
the EOC is enclosed,
To be taken up at 10:30.
Brooks Houghton, acting chairman EOC, At its June 29 meeting the EOC appointed
an ad hoc committee to investigate alternate options regarding funding
in the community services accounto The four members of the committee
would meet with the Board of Supervisors to work out alternative solutions,
To be discussed at 10:30,
Chico Community Memorial Hospital. Announcing their new service offered to the
~~ ~ v community; a full-time staff physician in their Emergency Department
on a 24-hour basis, seven days a week. Read and discussed,
No action taken,
Tom Mitchell. Request for a pedestrian overcrossing at Conners Avenue for
~0 D,~ 0 children attending Jay Partridge school, Read and discussed,
Referred ~o Clay Castleberry for handling,
San Bernardino County General Hospital. Reciprocal Agreement, Health and Safety Code
D /,0 V Section 1475. Referred to County Hospital,
72 1127 MATTERS !'RESENTED BX SUPERVISOR MAXON
Supervisor Maxon said that recently the Board received correspondence
concerning SS 776, He hoped that a resolution in opposition could be prepared
in this matter. County Counsel will report on the billo
Supervisor Maxon commented on the matter of Televents of Paradise. County
Counsel said he would get at this matter in the near future.
Supervisor Maxon said that the St~t~ was considering demanding the
acquiring of control of Time Saddle ~riena in the futureo He felt that this was one "
g 162
July 11, 1472
July 11, 1972
of the better areas of Lake Oroville, The Board has worked hard for this
marina. Clay Castleberry, Director of Public Works, stated that he has
discussed this matter with the State. Supervisor Maxon said he would
recommend that the Board consider opposing the State taking over this area
because the area needs more development. Mr, Castleberry said he would
agree with Supervisor Maxon at this point. Discussed; no action taken,
72-1128 CONFIRM APPOINTMENT TO BUTTE COUNTY ECONOMIC OPPORTUNITY COUNCIL INC
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, the Board confirmed the appointment of Mrs, Sylvia Jarrett
as the City of Chico representative to the Butte County Economic Opportunity ,
Council, Into
72-1129 REPORT BY COUNTY COUNSEL CONCERNING SB 1490 & 1494
Dan Llackstock, County Counsel, reported on SB 1490 ai:d 1494, the
bills that will modify the Medi-Cal items for last year and this year, These
bills have been passed out of the Senate Welfare Committee, Xeste=-day they were
before the Senate Finance Committeeo Senator Marler was able to get them
through without any problem. Funds from these bills set out and discussed,
No action needed at this time.
72-1130 DISCUSSION: ADOPTION PROGRAM: CHILDREN'S HOME SOCIETY
Adoption program discussed at this time, Clif Nickelson, Administrative
Officer, explained what his office has done in the matter, The Children's Home
Society has been doing the adoptions up to this time at no cost to the County.
The pre-adoption services are being supplied by the Welfare Department. The
question is whether they should continue to supply this service or ~rhether
Children's Home Society should supply these services, Situation explained,
Mr. Charles Deveroux, from the State Department of Social Welfare
in charge of adoption services, present as a source of information for the
Board and not basically to pursuade the Board on the course of action to take.
He said the problem of the child in foster care is a matter of public interest.
Every effort should be made to try and get the children released for adoption
to a permanent family, He said the County could refer the children to the
Children's Home Society to handle the adoptions or the County could establish
their own adoption agency, He explained how the matter could be handled,
The County Welfare Department now has staff that is doing the
pre-adoption work-ups, Time spent discussing the adoption services,
Mr. Leroy Sutton, Oroville, said that a couple weeks ago the
question was brought up about a home in Paradise, The children at the home
were roaming about the neighborhood, The Board did. not take any action on the
matter. He felt these children should be care for; he asked what was being
done about these children, Supervisor Maxon said there was nothing the Board could
dp in this matter. These children were under the jurisdiction of the State,
Mr, Ed Robinson, Welfare Director, spoke on the matter of contracting
with the Children's Home Society, He said he has on his staff experienced workers
that do the pre-adoption work, He explained how the matter was being handled
at this time, He said the question that the Board should decide is to which is
the better way to ga. He believes that the workers on his staff are experienced
workers and can handle the work, He said the picture in adoption has changed,
The young or newly born child has almost disappeared from the adoption field; the
older children are harder to place,
Page 163
July 11, 1972
~~
- July 11, 1972
Mr. Bi11 Retzer, Chairman of Board of Directors, ,set out the back-
ground of this requesto He said that since July 7, 1971 they have received no
referrals from Butte County.. He said they were willing and ready to provide
adoption service to Butte County, They are asking for help in the pre-adoption
services,
Dan Blackstock, Gounty Counsel, said these children were wards
of the Courto Welfare Department has to have child care services, The
question here is in the event they transfer one or two of the Welfare workers
to work with the Children's Home Society, will the County receive subvention,
Mr, Robinson said that this would be a very awkward way tv handle this matter
and it would have to be done. by contract and approved by the State.
Mra Mickelson said that if th~Board could set a pol:~cy decision,
then the staff could work up the details,
Time spent discussing the matter and action to be taken,
On motion on Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, County Counsel was requested to draft a contract with
Children's Home Society for adoption services, contingent on the subvention of
funds for these services in the amount of 7S% of the funds paid by the County.'
-an Blackstock, .County Counsel, stated he would return with the
proposed contract next week, to include the matter of subventiono
RECESS: 10:40
RECONVENED: 10:55
72-1131 REPORT BY COUNTY ARCHITECT ON SUPER?~OR COURT CONTRACT TIME EXTENSIONS
Gene McFarren, County Architect, reported on the Superior Court
contract, time extensions and current statuso He said he had a meeting with
Neil McCabe, deputy county counsels Public Works concerning the time extensions,
There are 24 days of which there are 14 days that are reasonably justified,
The remainder of the days are in the hands of County Counsel for determination.
It has been indicated that July 25th would be the date of completion, There are
some items that may extend beyond this and these items are beyond the contractors
control. The bullet proof glass is one of them; carpeting for the Iaw library
is another item.
The moving date of the courts is uncertain at this time.
Report discussed; no action taken.
72 1132 COMMUNITY ACTION AGENCY GOVERNING BOARD: PRESENTATION OF LETTER BY BROOKS HOUGHTON,
ACTING CHAIRMAN EOC
Brooks Houghton, attorney at law and acting chairman of EOC,
presented a letter to the Board members cancerning the matter of the firing of
Art Elmoreo He feels that there is a lack of faith existing between the governing
board and the executive board of EOC. They are requesting that the Board of
Supervisors set up an appeal procedure for Mr. Elmore or any subsequent director
that might be hired, There are some points that should be taken into consideration.
The board requests that the decision of the Appeals Board be binding in this
matter, Request discussed. Supervisor Maxon said he could see no grounds for
reconsideration of the firing of Mr. Elmoxe. Chairman Gilman said that there has
Page 154,
July lI, 1972
been no move to rescind the Board's actionsa He said he would assume that the
Board will oppose any action that would set a precedent as to the ability of
the Board to relieve department heads of their duties. No action taken on this
item. Request denied for lack of a motion,
72-1133 AUTHORIZE CHAIRMAN TO SIGN REQUEST FORM FOR ADVANCE GRANT FO_R EOC
C1if Nickelson, Executive Director of EOC, explained the request
for authorization for Chairman to sign request form for the $25,000 advance on the
1973 grant for EOCa Mr, Nickelson said this appointment as interim executive
director of EOC has been quite an experience; he said there is a vast number of
poor people in Butte County, He explained the problem of the poor people,
Mr. Nickelson explained the request for the advance on the grant,
The administering board has requested the grant and now it is up to the
governing Board to go down on record as requesting the advances Request
discussed,
It was moved by Supervisor Madigan, seconded by Supervisor Ladd
and carried that the Chairman be authorized to sign the request form for the
$25,000 advance on the 1973 grant for EOC.
AYES: Supervisors Douthit, Ladd, Madigan and Chairman Gilman
NOES: Supervisor Maxono
72»1134 DISCUSSION: FIREHOUSE, SCHOOL, & RECREATION CENTER PETITIONS FROM HONCUT:
DISCUSSION: SENIOR CITIZENS GRANT PROPOSAL
Mro Nickelson stated that several weeks ago a delegation of
~~,~ ~ residents from the Honcut area appeared before the Board and presented petitions,
Things were so confused at that time that the people do not know what happened,
Mro Nickelson said he was requested to again present the petitions, He
explained the request of these people for the fire station. They need a
training program and help in getting a fire station. Chairman Gilman said
the petition should be referred to Division of Forestry, with the request
that they study the possibility of a volunteer fire station for the area,
Mr. Nickelson will follow through on this mattero He will request that Mr, Letson
report back to the Boardo
Super~risor Maxon said he hoped that there was some ~,~y~he County could help
these people, He felt that government should provide dir__e1`ction to these people,
He said that maybe there could be a coordinator to work with private enterprise
to train these people, These people need jobs and are willing to worko No
action taken on these suggestions,
Mr< Nickelson said the second petition was signed by 83 people requesting a
recreation center for Honcuto Chairman Gilman asked if this area was in a
recreation districto They are in the Feather River Recreation Districts Petition
discussed; referred to Feather River Recreation District for their consideration.
The third petition requested a new school building for Honcuto It was
suggested that this matter be discussed with the Superintendent of Schools?
Mr, Evans, Their school board should also consider this matter, Mro Nickelson
will contact Mr. Evans and discuss the situation with him, Supervisor Ladd
said he attended a meeting in Honcut and the people were told the procedures
that should be followed in this matter, A bond issue should be placed on the
ballot for the vote of the people,
Petitions discussed; no action taken.
Page 165,
July 11, 1972
July 11, 1972
The Senior citizens grant proposal explained by Mro Mickelsono This item
was presented several weeks ago asking for a one time only end of the year grant,
The administering board has requested that Mr. Mickelson ask the Board's
consent to process a grant package for funds for low income senior citizens program,
Program explained, Estimates of cost of the program set out. Chairman Gilman
said he felt that before this Board should proceed into this matter, the Board
should see the whole proposal of what it would do and should have more concrete
facts of the program. Mr, Mickelson said they would do some more work on the
matter and will bring back more information to the Board. Mr. Mickelson will
take this matter back to the Administering Board of EOC.
72-1135 TRANSFER OF STOCK IN NEW ERA ENTERPRISES: PULLED OFF
Transfer of stock in New Era Enterprises to Butte County Self Starter Trades,
Inc. was pulled off the agenda at this time at the request of Mr. Mickelson
72- 136 STAFFING REALINGMENT OF COMMUNITY SERVICES„ACTiVxTTES• PUT OJE"' ONE WEEK
Staffing realingment of community services activities to stay within
funds currently available discussed at this time, Mr, Mickelson stated that
the Board knows of the serious financial problems of the programo The
Administering Board is asking that the Board take a chance on the program
and help them,
Chairman Gilman said the direction had been given because of the
appearance that the funds would run dry, He said there were no funds to be
given to them, Mro Mickelson said that the cash flow was all right now and
they feel that they can struggle along until the end of the year, The amount
of money keeps coming down that is needed to carry on the program. In effect
the Soard is putting in funds because they are paying the executive director.
Mrs. Mendoza said she saw no problem in processing the request for the grant with
in a short period of time.
Request discussed, It was felt the Board could hold off the instituting of
the economy cuts for one week,
On motion of Supervisor Madigan, seconded by Supervisor Ladd and unanimously
carried, the Board, put over for one week the instituting of the economy cuts
for EOC.
Mr. Mickelson said the Administeri~~g Board has not agreed with his proposal
to cut back staff. They have set up a committee of six people and they request
that the Board designate two Board members to meet with them to discuss Mr.
Mickelson's proposal of staff cut backs. Chairman Gilman appointed Supervisors
Ladd and Madigan to meet with the committee,
Mr, Mickelson reported on the transportation problems. The Administering Board
has requested that surplus county vehicles be assigned to poverty program for use,
Mr, Mickelson said he had checked with the Purchasing Agent and he said that there
are some surplus cars that are in fair shape, The cars are in far better condition
that the ones that are being used by EOC at the present time. They request that
Mr. Mickelson be authorized to'contact Purchasing Agent to get the loan of the
vehicles until they can get back on their feet again. Chairman Gilman said he
felt the vehicles could be used is the area that`they should be used. EOC should
budget for maintenance of their vehicles, Mr, Castleberry stated that the vehicles
that EOG now have are not worth repairing and they should not be used outside
the County, Supervisor Douthit asked about the liability of the county concerning
Page 166
• July 11, 1972
-.~________________Ju1y1111972-_ ___
the vehicles. Mr. Michelson explained that there is OEO insurance, plus
County insurance, Dan Blackstock, County Counsel, said the matter of liability
could be worked outo Supervisor Ladd said he would like a list of the
vehicles and who is using themo Mr, Mickelson said he would work on this list
and have it ready for him shortly.
No action taken at this time concerning the use of the vehicles,
RECESS: 12:00
RECONVENED: 1:30
72-1137 APPROVE USE OF FUNDS FOR FISH & GAME
Gene Mercer, Secretary of Sutte County Fish & Game Commissi ,resented
Z p,a~ copies of a letter from the State Department of Fish & Gflme Comz.._s::~on requesting
$2,700 to provide six man months of seasonal aid time to help with a biological
study of the facto--- which affect fishing in Orovi?.Le Lake, The `,jective is to
devise a management program which will provide satisfactory angling for salmonids
and warm water species of fisho Request discussed,
On motion of Supervisor Maxon, seconded by Supervisor Douthit and
unanimously carried, the Board approved the request fory2,700, out of Item 410 of
the Fish & Game Budget, to be used to provide six man months of seasonal aid
time to help with the biological study of the factors which affect fishing in
Oroville Lake,
Mr, Mercer-said the other request is from Mro Gregg for use of Pittman-
Robinson money, This would be for a study of the cottontails, They are
requesting funds to purchase post and wire to fence areas to studyo $1,200
could be transfered from the High Lake maintenance fundo Request discussed,
On motion of Supervisor Madigan, seconded by Supervisor Maxon and
unanimously carried, $1,200 was approved for fencing plots for the study of
cottontails, to be taken from the High Lake maintenance fund,
72-1138 DISCUSSION: USE OF ROAD CROSSING MR. MC MAHON PROPERTY NEAR SACRAMENTO RIVER
Mr, Mercer reported on a road that crosses Mr, McMahon's property near the
Sacramento River in the Chico area, He said that in the spring when the shad started
to run, people went down and tried to catch the fish, Mr, McMahon has closed the
road. He used vulgar language to these people. Mr, Mercer discussed the matter
with the Chico office of the District Attorneys He asked if the Board could
negotiate with Mr, McMahon to allow the people to walk in on the old road,
County Counsel was requested to pursue the matter, Mr, Mercer will
discuss the matter with County Counsel and Clay Castleberry and see if something
can be worked out.
72-1139 PUBLIC HEARING: APPEAL OF J, CARVER, USE PERMIT TO ALLOW A DOG GROOMING
AND DOG KENNEL AT FOREST SERVICE ROAD
The public hearing on the appeal of J, Carver concerning the use permit to
allow a dag grooming and dog kennel at Forest Service Road was held as advertised,
Jim Lawson, Planning Director, summarized the action of the Planning Commission,
Planning Commission recommended denial of the use permit at their June 1st meeting,
', ?j•~ Hearing opened to the public at this time,
Joe Carver, applicant, stated he had decided to drop the kennel permit but still
Page 167
July 11, 1972
______--____~====Ju1~ 11, 1972=====----------
wants the dog grooming shop, He said he would not have to build any facilities
for the dog grooming shop; no animals would be staying over night,
Mr. G. Moscuzza presented a petition with 88 signatures of people who would
be affected by this use, They definitely do not want the use permit to be
approved.
Appearing in opposition: Mrs, Grace Bledsoe, Leah Zinka Mrs, Zink stated
that Mr, Carver had purchased the property after the Planning Commission hearing
and he knew the people did not want the dog kennels,
Mr, Carver stated he had sold his other home and had to move into this house,
He does not plan to build a dog kennel,
Hearing closed to the public and confined to discussion by the Board,
Supervisor Maxon st.:ited that there would not have been as much obj~Wtion if
Mr, Carver had applied for a ,dog grooming permit only, Supervisor Ladd said
he would like to see the matter put over so it can be discussed wi=-h the owners,
Chairman Gilman said the property owners should get up petitions to change the
zoning of the property if they do not like the way the property is being used,
On motion of Supervisor Ladd, seconded by Supervisor Maxon and
unanimously carried, the Board agreed to put the matter off for two weeks so that
the Planning Director could talk the matter over with the owners and see if they
can arrive at an agreement concerning the use of the property,
72-11,40 PUBLIC HEARING: PROPOSED REZONING FOR PROPERTY LOCATED WEST OF SKYWAY
AT INDIAN DRIVE. PARAD25E
The public hearing on the proposed rezoning from "RT-1" (minimum density
residential trailer) to "C-1" (light commercial) district was held as advertised.
Jim Lawson, Planning Director, summarized the action of the Planning Commission,
Planning Commission recommencfi approval of the proposed rezoning.
Hearing opened to the public at this time. Appearing in opposition: no one,
Appearing in favor: no one, Hearing closed to the public and confined to the
Board.
72-11.41 ADOPT ORDINANCE N0. 1280 AMENDING COUNTX ORDINANCE 1279, CONSOLIDATING
"A-2"LIMITED" DISTRICTS
On motion of Supervisor Maxon, seconded by Supervisor Douthit, and
unanimously carried, Ordinance No. 1280 amending County Ordinance 1279,
consolidating "A-2 Limited" districts was adopted and the Chairman was authorized
to signo
72-11 42 PUBLIC HEARTNG: PROPOSED REZONING FOR AREA ON BOTH SIDES OF NEAL ROAD,
SOU?~I_ OF WAYLAND ROAD, PARADISE
The public hearing on the proposed rezoning for area on both sidess of Neal
Road, south of Wayland Road, Paradise, was held as advertised. Jim Lawson,
Planning Director, summarized the action of the Planning Commission, He stated
that the A-2 zoning would give the people a broader area off:; uses,
Hearing opened to the public, Appearing in favor: Mrs, Such. Appearing in
opposition: no one. Hearing closed to the public and confined to the Board,
Proposed rezoning discussed.
It was moved by Supervisor Maxon and seconded by Supervisor Douthit that
the proposed rezoning for area on both sides of Neal Road, south. of Wayland
Page 168. __.
July 11, 1972
July 11, 1972
Road.,. Paradise, be approved,
AYES.; Supervisors Douthit and Maxon
NOES: Supervisors Ladd, Madigan and Chairman Gilman
Motion failed.
72-11.48 PUBLIC HEARING: WILLIAM J~o TOMKINS, APPEAL OF DECISION OF PLANNING COMMISSION
COVERING PROPERTY AT THE SOUTHEAS CORNER OF CLARK ROAD AND WAGS F ROAD PAEADISE
The public hearing on the William J. Tomkins appeal of the decision of the
Planning Commission of June l6, 1972 covering property at the southeast corner of
Clark Road and Wagstaff Road, Paradise for a use permit to allow construction of
a shopping center was held as advertised. aim Lawson, Planning Director, sun~arized
the action of the Planning Commission. Planning Commission recommended approval with
a recommendation t~+ the Board that setback area on Clark Road frn: _age can be used
for parking and subject to various other conditions,
Hearing opened '~ the public, Appearing in opposition to the ~~roposed
rezoning:
1. William J. Tomkins. He felt that the shopping center would create
traffic problems, water drainage problems and sewage problems.
Also appearing: Ray Harris, Dale Read, Vice-President of Chamber of Commerce,
who stated that he welcomes a new shopping center. Mrs. Finhold, favoring the
shopping center. John Tolle, also favoring the shopping center. Thelma Bowman,
she stated that she was very much in favox of the shopping center. Dick Harrison,
president of Paradise Chamber of Commerce, stated that the shoping center would
create better shopping facilities for Paradise.
Everard McCain stated that he realized there is a great traffic problem in
Paradise but he feels that the shopping center would help to disperse the traffic
to ther areas. He feels that the heavy traffic is caused by the growth of
Paradise, not from shopping centers.
Hearing closed to the public and confined to the Board. Supervisor Maxon
said he felt the proposed development would be an asset to Paradise.
On motion of Supervisor Maxon, seconded by Supervisor Douthit and unanimously
carried, the Board concurred with the recommendation of the Planning Commission
and approved the use permit for the construction of a shopping center on the south-
east corner of Clark Road and Wagstaff.
RECESS: 3:00
RECONVENED: 3:15
72-1144 APPEARANCE OF ROBERT MILLINGTON, ATTORNEY AT LAW, REPRESENTING A GROUP CALLED
THE FOOTHILL PROPERTY OWNERS TEAGUE. CONCERNING PROPERTY SPLITS
Robert Millington, attorney at law, appeared as representative of the group
that calls itself the Foothill Property OAners League. This concerns lots that
they feel were split illegally on March. 1, 1972. He set out the many lot splits
that were made at that time. This matter has been reported to the Water Quality
Control Board. They feel that these developers should make proper provisions
for sewers and water. Mr. Millington stated that Mr. Leach, District Attorney, has
his full file. Mr. Millington felt the County could start a suit for relief;
this would be a suit for declaratory relief.
Mr. Millington requested that the Board instruct Mr. Castleberry not to issue
building permits until this matter is settled. Mr. Castleberry said he has talked
Page 169.
July 11, 1972
--~-----------------Ju7.y-lI,_1972 ---
to these people and he had hoped that they would be able to work this out.
He said there is a lot of action in the area. He said he has been advised that
there would be applications for 11 building permits and he was looking for
guidance from the Board. He said the deeds were passed back and forth between owners.
He did not say that there was anything illegal about it but that it looked strange
to him.
Supervisor Madigan said he felt the County owed an obligation to the people
to investigate the mattex. He said he would like to see County Counsel and
the District Attorney make a study of the matter and report back to the Board,
On motion of Supervisor Madigan, seconded by Supervisor Douthit and
unanimously carried, this matter was referred to County Counsel rto work
with the District Attorney and to bring back a report next week to the Boardo
72-1145 APPEARANCE OF DAN PELLICOTTI~ REPRESENTING VISTEC
Dan Pellicotti, Oroville,'appeared as representative for VISTEr„ He said
he did not have .time to get on the Board's agenda, He said the Board had voted to
hold another meeting in C.~£co,concerning the Vistec application for a use permit.
He said that Vistec does not intend to be at the meeting. Vistec requests that
the Board rescind their action and grant them the Use permit. They would like
to get a building permit so they can start construction. Mr. Pellicotti said
they would comply with all the County requirements and would post a $5,000
cash bond.
Dan Blackstock, County Counsel, said there was provision in the use permit that
the project would go into a conanunity sewer system. This requirement has never
been met; they are now asking that this zequirement be modifiedo Definition
of community sewer system discussed.
It was moved by Supervisor Maxon and seconded by Supervisor Douthit that
the building permit for Vistec be approved, with the condition that they could
operate the sanitary sewer system as proposed by them; that they post a $5,000
cash bond and that the public hearing set for July 26, 1972 in Chico be cancelled,
subject to county counsel's approval, and that the Board rescind the condition
that they hook up to the City sewers,
Motion discussed. Mr. Blackstock explained why the motion was improper,
The Board has set a public hearing on this matter and they will consider the
revising of the requirements at that time.
Motion withdrawn. Supervisor Ladd set out his feelings in this matter.
He feels that this is ag land,
The Board will go ahead with the public hearing set for July 26th in Chico.
No action taken at this time.
72-1146 APPEARANCE OF BOB GRANT SECRETARY OF GREATER OROVILLE REGIONAL SEWAGE COMMISSION
J,c ~ Mr, Bob Grant, secretary of Greater Oroville Regional Sewage Commissian, read
~ e~ a letter addressed to Chairman Gilman. He stated that the project has been
certified by the State Water Quality Board, He said Mro Carl Kay and Dave Hammon
C ~ ~ 'a ~ would be available to discuss the funding for the project. He said the Commission
~~ ~ appreciates the Board's help in this matter.
Supervisor Douthit read a part of _the "Joint Powers Agreement Among the City
of Oroville, the North Burbank Public Utilities District and Thermalito Irrigation
District" for construction and oper~t~.on of the greater Oroville sewer facilities,
Page 170 July 11, 1972
______________T--Ju1y11s 1972===-=_--__-_____
dated June 18, 1971. He said this refers to the appointment that had been made
and then was rescinded.' He submitted that Mr. Charles Campbell is an employee
of a public entity, namely the United States Postoffice at Forbestown; also
that Mr. Hairy Nixon is an employee of a public entity, namely the Sank of America,
The Bank of America enjoys the privileges of• a public entity. In fact, they are
so recognized by the State of California and are so designated as a public servile
en their state automobile license plates.
Supervisor Douthit said that since the commission has been illegally
constituted in conformity with said Joint Powers Agreement, he moved that the
Board of Supervisors go on record to recommend that all decisions and actions
that have been made by this commission be null and void,
Motion died for lack of second.
Dan Blackstock, County Counsel, said he would give his opini.:n in writing
concerning this matter. The matter was continued until such time as the legal
opion was received from county counsel,
Supervisor Douthit moved that the Board vote to censor any future decisions
or actions of this commission until it is legally constituted and staffed to
conform with said Joint Powers Agreement.
Motion died for lack of a second.
No further discussion at this time,
72-1147 APPEARANCE OF ED FALKENSTEIN PARADISE: PETITION FOR ENLARGING PARADISE LIBRARY
Ed Falkenstein, Paradise, presented a
~ petition which recommended a considerable
~i / ~, increase in the size of the Paradise Branch library. The people in Paradise feel
d that they are entitled to a larger library, They recommend that $50,000 be
set aside for enlarging this branch library, Request discussed. The Board will
consider this request during budget study sessions.
No action at this time.
72-1148 APPEARANCE OF ART ELMORE SPOiO;SMAN FOR THE POOR
Art Elmore commended Mr, Nickelson on his presentation this morning to the
Board concerning the requests of the residents in the Honcut area. He said the
people in Honcut are desirous of receiving an answer to their request for a
fire station, He said there had been a meeting of the residents of the Palermo
concerning the use of the old firestation as a recreation center for the people
in Palermo. Mr, Nickelson said because of the Long Board agenda, it was felt
that this matter would be held off for a week or two. He has called Nr. Dave Davis,
County Maintenance, and they will keep the grass cut and keep the building in
good condition until a decision is made in the matter.
Mr. Elmore also brought up the matter of the Family Planning Services grant.
He set out other funds that are earmarked for specific programs, He said he would
recommend that the Board review the accountso The funds are there and are for the
use of the County. The Board should see how this money could be used for health
purpASes for the poor people of the County. He requested that the Board review
the ,Auditors statement presented June 2~th.
Mr. Elmore, 1440 Lincoln Street, Oroville, read a memo concerning the powers
of the administering board and the governing board of EOC. He•requested that
he receive a response to his letter of June 26th addressed to the Board of
Supervisors, He needs appeal procedures; it has jeopardized his attempt to
secure employment, He said the matter was in the hands of the Civil Liberty
Council. Supervisor Maxon said Mr. E~more had been fired because of insubordination.
age 171.
July 11, 1972
- - - - - - - - - - - - - - -July 7.i1 ].972_ - -
Mr. Elmore said he would like this in writing. Chairman Gilman said this
would end this discussion at this time.
72-1.149 DENY TENTATIVE MAPS ,
Jim Lawson, Planning Director, explained the denial of the tentative
subdivision maps. He said the vote by the Planning Commission was unanimous.-_"
??e said these two units were outside the master plan of Paradise Pineso He
set out the location of the property and summarised the reasoning of the
Planning Commission concerning these maps, Denial of the maps discussed,
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, the following tentative subdivision maps were denied,
as recommended by the Planning Commission:
(1) Paradise Pines West, Unit No. 1, 129 lots, east side '_mshew
Road, containing 61 acres, northwest of Magalia. Owner: Rita C.
Thomas and Nimshew'Go1d Mining Co., Engineer: James G. Gee,"
The Mu;:~:y McCormick Environmental Group.
(2) Paxadise Pines West, Unit No. 2. 323 lots, east and west side
of Nimshew Road, containing 371 acres, northwest of Magalia.
Owner: Marianne G., William J, and Thomas V. Barton. Engineer:
James G. Gee, The Murry McCormick Environmental Group.
Various people appeared to discuss these maps, They stated that
everyone on Nimshew Road are not happy with the Larwin Developments.
Mr. Bob Marshall, San Francisco, explained his reasons for opposing this
development. Mrs. Thelma Butler, San Francisco, said they oppose any
development in that area.
Mr. Ted Mahlquist, DeSabla, said he was vice-president of the volunteer
fire department, in the above area. They need help with their equipment. These
developments add to the burden of fixe hazards. Jerry Letson, Division of
Forestry, will be requested to make a report to the Board on the matter.
It was stated by these geople that holes have been dug about two feet wide and
10 feet long. N~ one knows w#~at the holes are for and it is felt they are a
menace to the area. Mr, Castleberry will investigate the matter.
RECESS: The Board recessed at 5:10 to reconvene on Wednesday, July 12, 1972
at 10:00 a,m. to conclude the agenda and to hold budget study sessions.
July 12, 1972
RECONVENED: The Board reconvened at 10:00 a,m, Present: Supervisors Douthit,
Ladd, Madigan, Maxon and Chairman Gilman. Clif Nickelson, Administrative
Officer, Dan Blackstock, County Counsel, and Clark A. Nelson, County
Clerk, by Margie Catt, Board of Supervisors` Clerk.
72-1150 APPROVE WISPERING PANES ROAD MAINTENANCE AGREEMENT
On motion'of Supervisor Maxon, seconded by Supervisor Douthit and
unanimously carried, the agreement for posting the standard subdivision road
maintenance bond, to be effective upon receipt of bond, for Wispering Pines
Page 172,
3u1y 11, 1972
_ _ _ _ _ T .~ _ _ _ _ _ _ _ F Ju1y_12,_1972 _ _ _ _ _ _ _ _ _ _ _ _ _ ._ _ _ _
was approved and the Chairman was authorized to sign.
72-1151 APPROVE ROAD AND BRIDGE PROJECTS UNDER SB 325
Road and bridge projects for funding under SB 325 discussed. Supervisor
Maxon requested that this matter be put off a few days. He said that people
feel that SB 325 should take the place of the road tax and that there would
be a reduction on the tax bills. Mr..Blackstock was requested to research this
matter. Mr. Castleberry explained how these local road projects are funds.
Time spent discussing the projects.
On motinn of Supervisor Maxon, seconded by Supervisor Douthit and
unanimously carried, the following projects were approved for funding under
SB 325 as these funds become available and that they be considered Butte County's
application for approval to BCAG:
(a) Road construction '.and/or right of way acquisition
1. Skyway ~ 95,000
2. Hamilton-Nord-Cana
Anita to Cana Highway (1.9 mi.) 70,OOp
3. Pentz-Maga~.ia Road 125,000
Lime Saddle road to I mi. north
4. Bald Roek Road 50,600
Hernandez Ranch to 1.2 mi. east
ROAD ENGINEERING COST 50 000
ROAD TOTAL - - $390,000
(b) Bridge construction
Pentz Road Bridge across Dry Creek
Changed to Skyway $ 30 000
BRIDGE ENGINEERING COST 5,000
BRIDGE TOTAL $ 35,000
72-1152 AUTHORIZATION FOR VARIOUS ROADS IN PALERMO AREA
Projects discussed. These projects would be done with local road tax
funds. County Counsel will research the matter of use of these funds.
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
carried, authorization was granted for wa•rk to be done by County forces
with contract for hauling base material on the following local access roads.
proposed for reconstruction in the 1972-73 budget:
Lone Tree Road $,15,000
Melvina Avenue 6,000
Alice Avenue 7,500
Ludlam & Williams 2,000
AYES: Supervisors Ladd, Madigan and Chairman Gilman NOES: Sup~~~f~.Ma~°up. Douthit
72-153 APPROVE AGREEMENTS FOR SALE FOR RIGHT OF WAY AC~ISITION
On motion of Supervisor Douthit, seconded by Supervisor Maxon and
carried, the fallowing agreements for sale were approved, the Chairman was
authorized to sign and the Auditor was authorized to issue warrants upon demand
of County's escrow agent:
Skyway FAS 757(4) J. H..Dietle Oo025 ac $ 550 No Imps, $ 55fl
" G. L. Guthrie 0.052 1 138
$30
1,168
Donna L. Baffles Oo029 b25 No Impr. 625
P. Ma Baker 0,034 2,156 $718 2,874
Church of Christ 0.017 750 No Impr, 750
" Ba McHenry 0,062 4,050 $230 4,280
" Wo A, Hornell 0,013 560 No Impr. 560
" Pargar of Paradise 0,034 750 $ 30 780
" W. Brandenberger 0,028 637 No Impr> 637
" L. Cross 0,009 188 No Impr, I88
" Collins Pine Co. 0.103 4,475 $282 4,757
Lower Wyan. @ Jo Bilkei Jr. 0.314 5,150 No Impr, 5,150
Oro-Bangor
Page 173, July 12, 1972
--------- ---- July 12,, 1972--
Lower Wyan. Rd. Fred Moss 0.112 $ 350 No Impr. $ 350
'r Oroville Ranch Co. 0,750 450 No Impr. 450
Pentz Road Chico Moulding Co. 0,972 488 No Impr. 488
72-1154 ACCEPTED DEEDS: APPROVED CHANGE ORDERS AND ACCEPTED OVERLOOK DRIVE
FOR MAINTENANCE
On motion of Supervisor Douthit, seconded by Supervisor Madigan and
unanimously carried, the following action was taken:
1. Accepted the following deeds and authorized the Chairman to sign the
certificate of acceptance:
Crane Avenue (parcel map) 36-05-46 C. McElroy
Honey Run Road " " 55-O1-2b D. Spangler
Meridian Road 47-10-09 R. Sharp
Manzanita Ave, Ext. Pcl, 1 Ro C, Kraft
Dos Rios-Larkin Road Pcl. 13 D Ramsdell
Forbestown Road @ Robinson Mill Road Pcl. 8 E, Blake et al
2. Approved Contract Change Order No, 1 - East Avenue Project No. 57191-70-1
in the increasing amount of $225 to provide for deleting the modification
of an existing drop inlet and constructing a standard manhole instead,
and the Chairman was authorized to sign.
3. Approved Contract Change Orders No. 2, supplement 1, No. 3, supplement 1
and No. 5 - Forbestown Road FAS Project 759(4) in the increasing amount
of $1,200 which provides for installation of underdrains to remove subsurface
from beneath a roadway fill (CCO. ~~2) and CCO •~~3, supplement 1, in the
increasing amount of $1,800 to provide for payment for water for dust control,
and the Chairman was authorized to signs
4. Accepted Overlook Drive into County maintained system. (State Parks and
Recreation has completed construction in conformance with plans and
specifications. DPW has inspected the road and recommends it be accepted
into the County's maintained system).
72-1155 INFORMATION ITEMS: ACCEPTANCE OF LOW BID FOR LAS PLUMAS, ORO BANGOR, LOWER
WYANDOTTE PROJECT N0. 21553-70-1
~4) Vistec Development- taken off discussion
(h) Report on problems at Oroville Transfer Station - put over one week-
Tt is open and is being used. Mr. Castleberry said changes will
have to be made at this site. Supervisor Douthit and Ladd will
meet with him and discuss the situation.
(c) Proposed CSA ~~46 -North Chico Sanitary Sewer System. Proposed for
Board consideration is a formation petition to be signed by two
Supervisors fox the purpose of studying the feasibility of
sanitary sewexs for the north Chico unincorporated area, Petition
presenteda
(d) Land leveling in Glenn Countyo Mr. Castleberry explained this matter.
The Glenn County property owner refused to meet with Mr. Castleberry,
Supervisors Douthit and Ladd and the Butte County property owners.
Chairman Gilman said he would like to look into this matter.
(e) Water Quality Control Board meeting - Chairman Gilman said there have
been people interested in this matter. He asked if they could sit
in on the meeting. Mr. Castleberry said there would be no objection .
to this.
(f) Recreation status report.
1. Fishing-access ramp (Navigation and Ocean Development or
Wildlife Conservation funding)
2. Lime Saddle - proposal by Navigation and Ocean Development.
Mr. Castleberry said he would like the Board's comments on his
letter to th@m concerning these matters, They want to do some landscape
development and improvement of, the restroom facilities. Discussed; no action taken.
Page 174. July 12, 1972
---------------July-12,_1972 _--------------
(g) Bid results - Las Plumas, Oro Bargmr, Lower Wyandotte Project
No. 21553-70-1. Mr, Castleberry stated that only two bids were received
for this project. Bids were received from:
Robinson Construction Co, - $145,000
Teichert Co. 163,993.
Mr. Castleberry said it would take a fund transfer to do this work.
He recommend that the bid be, awarded and that a fund transfer be approved
from 3 Work Orders - Lone Tree Road
E1 Monte Ave.
Countys share of TOPICS funds
On motion of Supervisor Maxon, seconded by Supervisor Douthit and
unanimously carried, the Board accepted the low bid of Robinson Construction
Company in the amount of $145,000, authorized fund transfers from the following
work orders: '
WO 5158 Zone Tree Road (Prior yr,) $ 8,768e
5189 Countys share of TOPICS for 1971-72 12,0000
6735 E1 Monte Ave Bro 7,232.
(Project has been deferred )
and approved the establishment of the East Avenue Work order from the remaining
funds in the E1 Monte Ave. project in the amount of $9,028, and authorized the
Chairman to sign the contracto
72-1156 AUTHORIZE PUBLIC WORKS DIRECTOR TO NEGOTIATE WITH WESTERN PACIFIC
FORA RAILROAD UNDERPASS ON MARYSVILLE BAGGETT ROAD
Clay Castleberry, Director of Public Works, stated he had contacted Mr. McCloud's
office, of Western Pacific Railroad, He asked them if the would like to send
a representative up to negotiate a contract for a railroad underpass on the
Marysville-Baggett Road. Mr. Castleberry explained the matter. Public
Utilities Comission has suggested that the County negotiate for a contract with
Western Pacific Railroad. Matter discussed.
On motion of Supervisor Madigan, seconded by Supervisor Ladd, and unanimously
carried, Clay Castleberry was authorized to negotiate with Western Pacific
Railroad for a railroad underpass on the Marysville-Baggett Road.
72-1157 APPROVE AGREEMENT FOR COOPERATIVE WORK AND ROAD EXCHANGE BY U. 5. FOREST
SERVICE & COUNTY OF BUTTE: PHILBROOK ROAD
On motion of Supervisor Douthit, seconded by Supervisor Madigan and
unanimously carried, the agreement for cooperative work and road exchange by
U. S. Forest Service .and the County of Butte (Philbrook Road) was approved,
subject to approval by County Counsel and Auditor, and the Chairman was authorized
to sign.
72-1158 PUBLIC HEARING SET: EVELYN HAGERTY, ET AL: PROPOSED REZONING FOR PROPERTY
ON NORTH SIDE OF EAST AVENUE'.
A public hearing was set for July 25, 1972 at 1:30 p.ma on the Evelyn Hagerty,
et al - proposed xezoning from "R-4" (maximum density dwellings restricted service)
residential district and TMS-l." (s~r;.nimum density suburban residential) to "C-C"
{community commercial) for property located on the north side of East Avenue
200 feet east of Cohasset Road.
72-1159 REPORT ON PLANIDING COMMISSION'S ACTION RE: ROBERT KING ET AL
Jim Lawson, Planning Dig~ctor, reported on Planning Commission's action
regarding Robert King, et al, proposed rezoning from "A-2 limited" to "A-R" v"
Sylvan Way and Kibler Road, Paradise. This was for information only; no
action necessary.
Page 175. July 12, 1972.
_ _ _ _ _ _ _ _ _ _ _ _ _ _July 121 19 72= _ _ _ _ - _ _ _ _ - - _ - - _
72-11b0 REPORT ON PLANNING COMMISSION'S ACTIOI3 RE: AUGUST 0. HEINTZ-PROPOSED REZOIDING
Jim Lawson, Planning Director, reported on the Planning Commission's action
regarding August 0. Heintz proposed rezoning fxom "A-R" (agricultural-
residential) to "AR_MH" Skyline Blvd., 400 feet west of La Mirada Avenue,
identified as AP 34-45-06 & 07 & 49, Oroville, Public hearing set for
August 1, 1972,
72-1161 REPORT ON ANALYSIS OF DIFFERENCES BETWEEN REQUIREMENTS IN AB 1301 AND
IMPLEMENTING ORDINANCE ADOPTED BY BOARD OF SUPERVISORS
Mr. Lawson reported on the analysis of differences between requirements in
AB 1301 and the implementing ordinance adopted by the Board of Supervisors.
Mr. Lawson read the report; report discussed, Supervisor Ladd said he did not
feel that the report dealt with the particular items he was concerned about.
Chairman Gilman stated that the best way to pursue this would be for Supervisor
Ladd to meet with Mr. Lawson and iron out the questions he would like to have
answered,
Mr. Lawson said that probably Supervisor Ladd was concerned about the
standards, regarding these requirements. The standards are strictly within the
scope of the County`s jurisdictions The Board Clerk was requested to give
the two new Board members copies of the County Code and the amendments thereto.
Time spent discussing the processing of the maps; Supervisor Douthit felt
the maps should not be returned for one small item. A letter could be written
to the person filing the map telling them to correct the item, but it should not
hold up the processing of the map. Supervisor Maxon said he felt that AB 1301
was adversely affecting property owners.
No action taken at this time.
72-11b2 APPROVE TENTATIVE PARCEL MAPS
On motion of Supervisor Maxon, seconded by Supervisor Douthit and
unanimously carried, the following tentative parcel maps were approved as
recommended by the Planning Commission:
1. Ross, David, AP 56-14-29, 3 lots east of Cohasset Road, approx.
14 miles north of Chico. Engineer: Walter B, Grimes & Assoc.
2. Goodwin, Alfred, AP 50-33-01, 4 lots on Herman Road, east of
Rocky Lane, Paradise. Surveyor: Gary Lippincotto
3, Brewster, William D,, AP 50-33-01, 4 lots off Herman Road,
east of Rocky Lane, Paradiseo Surveyor: Gary Lippincotto
4. Blackwelder, H. 0,, AP 54-171-47 & 48, 4 lots west of Edgewood
Lane and south of Pearson Road, Paradiseo Surveyor: Gary Lippincott
The Hollandsworth, Frank M., map continued one week.
72-1163 APPROVE LICENSE FOR CLAIRVOYANT: PALMIST
• On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, approved the granting of license for clairvoyant; palmist at 1119
Mangrove Avenue, Chico, for Mr. Robert Williams, said application approved by
Sheriff .
72-1164 REPORT ON KERBY USE PERMLT PROBLEM
Dan Blackstock, County Counsel, reported on the Kerby use permit problem.
This is the situation where the County is requesting that Mr. Kerby grant
to the County about 2 acres of land fora road change. This is up in the Lime
Saddle area. Public Works wants the road changed; this is a project that has been
in the mill for some time. The County is telling Mr. Kerby that if he wants
the use permit for the trailer complex, the County insists that the road be
widened because of the traffic hazard with the increase in traffic. Mr. Blackstock
explained the problem, . page 176. July 12, 1972
July 12= 1972_ _ _
He has had many discussions with Mr. Kerby concerning this matter.
Mr. Kerby cannot give the County clear title because of the mortgage on
the property. Mr. Kerby is willing to give that land at the rate of $1500
per acre. This would come to a total of $3900, The release clause in the
mortgage would be $6,000 so the land owner would have to pay $3,000 of his
own money, Mr. Blackstock said he would check this matter out and bring
it back to the Board so that Mr, Castleberry could be presento Matter discussed;
no action take at this time,
Supervisor Maxon set out a problem at the intersection of Skyway and
Wagstaff. This is the Max Taylors property, Mr. Blackstock will study the
situation and will report back to Supervisor Maxon.
72-1165 REPORT & DISCUSSION: SALARY ORDINANGE AMENDMENT
The proposed salary ordinance amendment establishes the pos'.~_on of
Hospital Operations Coordinator, deletes the Senior Hospital Social Service
Worker position and provides for the additional staff positions in the
Welfare Department required to implement the food stamp programe Mr, Nickelson
explained the matter. He believes that the food stamp program can be
implemented with less staff than proposed by the Welfare Director; He would
recommend that the ordinance be adopted and then watch and don't fill all
the positions, Supervisor Maxon did not see why the County should designate
these positions. The ordinance could be adopted and then by minute order
instructed the Personnel Office not to fill the positions unless by minute
order by this Board. Jim Rackerby, Personnel Director, explained how 'the
matter could be Ihandled; Mr. Rackerby also explained the position at the
hospital. The present employee will be attempted to be placed in another
position. Matter discussed; action to be taken later in the meeting.
72-1166 REPORT ON DIAMOND INTERNATIONAL REQUEST FOR A REDUCTION TN THE FILLING
FEE RE UIRED FOR THE FINDINGS OF FACT BEFORE THE ASSESSMENT APPEALS BOARD
Dan Blackstock, County Counsel, explained the matter of the fee paid
by Nr. Leonard for Diamond International. Mr. Leonard felt the fee was
rather high, The rules for these hearings require that the applicant pay
$10,00 per parcel for the Findings of Fact. Mr. Blackstock checked with
the other counties. It was felt that this was a valid fee and it was
recommended that the fee not be lowed. Mr, Blackstock explained the matter
of the time in preparing the Findings, The hearings were quite complex and
it took a long time to prepare the findings. Mr, Leonard said he did not
feel that the fee was fair or r-easonable. He requested that if this could
not be changed this year, then maybe the law could be changed fnr the next
year. A limit should be placed on the amount of fee that should be paid,
Time spent discussing the request of Mr, Leonard. Mr, Leonard said
he would submit the matter,
On motion of Supervisor Maxon, seconded by Supervisor Douthit and
unanimously carried, the Board concurred with the $10.00 fee being charged
for each paxcel, when findings of fact are requested.
72-1167 POINT OF CLARIFICATION: REZONING FOR MR. SUCH PARADISE
Jim Lawson, Planning Director, said he would like to bring up a point
for clarification. Two weeks ago an area was rezoned in the Paradise area.
He asked whether Mr, Such's property would go back to the C-2 zoning.
Matter discussed. The Board told Mr. Lawson that it was their intent that
Mr, Such's property would be classified as'~c2 zoning.
RECESS: The Board recessed at II:40 fora ~ xecutive session.
RECONVENED: TheBoard reconvened at 12:15 following an executive session,
RECESS: The Board recessed at 12:15 for noon recess
Page 177.
July 12, 1972
_ _ _ _ _ _ - _ - ~- _ _ - _ =Ju1~ _- ~ 19Z2 _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ _
RECONVENED: 1:30
72-1168 APPOZTTTMENT OF ALTERNATE MEMBER FOR ASSESSMENT APPEALS BOARD
On motion of Supervisor Maxon, seconded by Supervisor.Madigan and
unanimously carried, Gil Jones, attorney at law, Chico, was appointed
an an alternate member for'the Assessment Appeals Board. _
r '
72-1169 APPROVE LEAVE OF ABSENCE
On motion of Supervisor Maxon,. seconded by Supervisor Madigan and
unanimously carried a non-compensated leave of absence for 60 days was
approved for Jean Pratt, Assessor's Office,
72-1170 DISCUSSION: COMMONITY WORK EXPERIENCE CONTRACT (CWEP)
A user contract has been prepared between the County and the State
Department of Human Resources and Development to permit eligible AFaC
recipients to participate in meaningful public service work with various county
departments. Jim Rackerby, Personnel Director, explained the contracto
He stated that the contract has been reviewed by County Counsel and is in
order at this time and should be approved. This program would train these
recipients to move into other type work, There are clerical training
positions that could be filled. He said they would be keeping records of
the number of people under this program and the amount of hours that they
work. Financing of the program explained,
Robert Charlebois, Manager of the Butte County Employees ~.ss?ciation,
questioned by Board and Mr. Rackerby about the use of these peopled He
said there was the possibility that the County employees mighl~ :~a.nd their
jobs insecure. Tyr, Rackerby felt that the law adequately protected the
county employeeso Mr. Blackstock said he would recommend that the contract
remain as proposed and not modified as requested by Mr. Charlebois.
Mrs. Jerry Snyder explained the use of these recipients and the wage
they would receive.
Mr. Calnicol, a Butte County resident and taxpayer, stated that Sttte
County has rejected the program. The costs of the program are astronomical;
he passed out an article to the Members of the Board from the Marysville paper
stating the reasons why SutterCounty had rejected the program. He asked
if the County could justify the spending of taxpayers money on such a program.
Mrs. Snyder answered the questions set out by Mr. Calnicol. She said that
HRD would screen these people for the jobs that come in to the office; she
explained how the program would be handled and how the workers would be placed
into jobs. She feels that this is a positive program that helps these people
find employment and takes them off the Welfare rolls.
Mr. Rackerby said they have no done an analysis of the program; there
would be some costs involved. Costs involved explained.
Program discussed; no action taken at this time.
72-1171 ADOPT RESOLUTION 72-i18 ESTABLISHING AFFIRMATIVE ACTION PLAN
A resolution has been prepared establishing a plan to assure affirmative
3 ~ v action in providing equal employment opportunities for all persons under the
d .County merit system. This plan complies with federal requirements assuring
fair treatment of applicants without regard to political affiliation, race,
color, national origin,-sex or religious creed, Mr. Rackerby said that at
the present time the Personnel Department is following this foremat and it
meets the requirements. It is necessary that this plan be adopted in order
to stay in compliance with the Federal regulations. They feel that they have
put together a positive plan. It would pravide the mechanics for personnel
department to proceed.
Mr. Charlebois said he would not take exception to this program but
it should be broadened to accept affirmative action as to age, He feels
that the older people are being discriminated against. Mr. Rackerby said
they are considering everyone on the basis of merits.
Frank Briceno, representing CLRA and the American-Mexican Concillio,
said he has read this proposal and feels that it follows well with the order.
Page 178. July 12, 1972
July 12, 1972
He said the State is requiring that the agencies have a definite goal.
He requested that the County establish a goal and establish an advisory board to help
secure positions for these people. They would like to see the creation of
an Affirmative Action Recruitment Board as set out by the California Retirement
Boaxd. He said they would request two things: (1) that a goal be set and
(2) that there be some, community involvement in this matter,
Program discussed. Mr. Rackerby explained what the County has-done
in the interest of hiring minority people.
On motion of Supervisor Maxon, seconded by Supervisor Douthit and
unanimously carried, Resolution 72-118 establishing the Butte County Affirmative
Action Program was adopted and the Chairman was authorized to sign.
72-1172 ADOPT RESOLTJTION 72-119 APPROVING THE COMNIUI~]ITY WORK EXPER_I_;NCE CONTRACT LWEP)
Ed Robinson, Welfare Director, was present at this time to discuss the
community work experience, He said this program ~,o uld give these people the
last chance for employment. He said baby sitting fees are paid by Welfare.
He explained how the program was operated, There is $13,000 allocated to the
County for child care services. He said he could not see the real costs
involved in this program, These people are referred to the WIN training
program, then if nothing else is available, they are fhen referred to CWEP.
They are working out their Welfare grant. There is no salary involved,
Program discussed,
On motion of Supervisor Maxon, seconded by Supervisor Douthit and
unanimously carried, Resolution 72-119 approving the community work experience
contract (CWEP) was adopted and the Chairman was authorized to sign.
72-II73 REPORT ON GORSC FINANCING
Fo H. Seely, County Auditor, reported on GORSC financing. He had
presented a memo yesterday to the Board members. He read the memo that
sets out the costs in this matter. He urged the Board to designate one
or two of the Supervisors to attend the GORSC meeting. Schedule of the
repayment program was attached. Mr, Seely felt that the County would be
better off without the Federal grant and have a program of its own,
Dan Blackstock, County Counsel, explained the effect this would have on
the bond issue. It would affect everyone that would be using the sewers. The
rates would have to be built up. Mr. Seely said this cost program should be
deleted; it is in~onflict with what had been told to the voters,
Supervisor Maxon said he would like to see county counsel involved and
make a complete report to the Board, Mro Blackstock said he would if instructed
to do so by the Board, It would take quite a bit of time. Matter discussed,
Matter placed on the agenda for Tuesday, July 18, 1972 at 9:30 a.m.
72-1174 AUTHORIZE THE REMODELING WORK FOR REGIONAL CRIME LAB
On May 30, 1972 by Resolution No. 72-106 the Board authorized allocation
of space and certain improvements for installation of the satellite regional
crime lab, Written quotation has been obtained from Mosely and Hill Construction
for $2,101 to complete the work necessarg to bring the allocated space up to
the required point. This involved bringing in the water, installing small water
heater, refrigerators, counters, etc, Howard Casagrande of CCCJ informs the
County that the Department of Justice has $1,500 to $2,000 allocated for this
project for the County to apply against this cost. If authorized at this
figure, the County will bill the Department of Justice for the total and the
net cost to the County will be very minor, however, .expenditure authorization
for the entire job must be provided, Request discussed.
Page 179. July 12, 1972
______________July 12, 1972=====________-__
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, the remodeling work for the Regional crime lab was
authorized, to be done by Mosely and Hill Construction at a cost of
$2,101; the total amount to be billed to Department of Justice by the
Auditor upon completion.
72-1175 ITEMS DECLARED SURPLUS PROPERTY
On motion of Supervisor Maxon, seconded by Supervisor Ladd and
unanimously carried, the following items were declared surplus property
and the Purchasing Agent was authorized to dispose of the fire hose cart to
the Oroville Fire Department:
1. Hospital fire hose care ~k1370
2, Administrative Office a time recording stamp, ACME No. 6473
3. Farm and Home Advisor - a twelve section gathering rar_k
two wooded office desks
4. Hospital - a Marchant calculator, Serial No. 14380
RECESS: 3:15
RECONVENED: 3:30
72-1176 TRAVEL REQUESTS APPROVED
On motion of Supervisor Madigan, seconded by Supervisor Maxon and
unanimously carried, the following travel requests were approved:
1. Elizabeth Maxon, deputy public administrator in District Attorney
Office, to attend the annual conference of coroners, public administrators, public
guardian and public conservators at Santa Cruz July 11 through 3uly 13, 1972,
Two nights lodging; estimated cyst of trip $131e Travel by private cad.
2. Evelyn Codley, Assessors Office, to attend the Northern Regional
Office Managers meeting at South Lake Tahoe July 20 and 21, 1972, One nights
lodgingo Estimated cost of trip $72. Travel by private car,
72-177 BUDGET TRANSFERS APPROVED
On motion of Supervisor Maxon, seconded by Supervisor Ladd and
unanimously carried, the following budget transfers were approved:
B-189 Library - $94 from regular salaries to rents and leases
B-190 Board of Supervisors - $500 from the reserve with $200 going
to office expense and $300 to publications and legal notices
B-191 Oroville Justice. Court - $759.52 from professional and special
services to jury and witness expenses
8-192 Welfare-Food Commodity - $200 from food account to office expense
B-193 Grand Jury - $850 from the reserve to jury and witness expense
B-i94 Biggs 3ustice Court - $139,61 from professional and special services
and the same amount from jury and witness expense for the total.
of $279.22 going to extra help.
B-195 Superintendent of Schools - $227,97 from regular salaries to overtime
B-196 Data Processing $300 from regular salaries to overtime
B-197 County Buildings - $2,964.96 from the reserve to the utilities account
B-198 Data Processing - $2,300 _to. rents and leases of equipment with $500
coming equipment maintenance, $30 from memberships, $770 from
office expense, $500 from professional and special services and
$500 from transportation and travel
8-199 Public Works - $28,000 between the special road fund and the road fund.
Appropriation is $28,000 to the Lower Wyandotte Rd. project with
$8,768 from Lone Tree Rd ., $12,000 from TOPICS and $7,232
from E1 Monte Avenue Bridge,
Page 180. July 12, 1972
--------------July_12,_1972 --_-_ _ __
B-200 Public Works - General Services -Transfers $675 from the reserve-
general fund to special departmental expense in general
services budget
72-1178 AAOPT RESOLUTIONS 72,120, 72-121 and 72-122, ON SERVICE FEES FOR
IMPROVEMENT BONDS
D, C. Swinney, Treasurer, present to explain this item. He said the
charges now being made are not adequate. Charges for the service set out
and discussed. Darrell Ke~Tch, administrative analist, made a study of the
matter, He has done a good job in this research, Most of the bonds are issued
for 15 years, Mr. Swinney requested that County Counsel make a study of a
different type of bond. Bonds and resolution discussed,
On motion of Supervisor Maxon, ~conded by Supervisor Ladd and unanimously
carried, the following resolutions were adopted:.
Resolution 72-120 Establishing charge of County Surveyor-Director of
PublicWorks for apportioning assessments levied
under Improvement Act of 1911
Resolution 72-121 Establishing bond service charge for services of the
County Treasurer in Administering local Improvement
Bonds under the Improvement Act of 7911
Resolution 72-122 Establishing FEE ~Ar ~,arVi-ces_:.of the County Treasurer
in administering and splitting of improvement bonds under
the Improvement Act of 1911
72-1179 APPEARANCE OF DR. MAGUIRE REGARDING COSTS BEFORE SHORT DOYLE PROGRAM
Dr. Maguire, Mental Health Director, presented a memo to the Board members
regarding the costs for mental health before the Short Doyle program and the
costs since the start of Short-Doyle. Costs set out and discussed, Under
the Short-Doyle Program the costs have gone down a great deal. This information
was presented for the Board's information; no action to be taken at this time,
Ev Bosworth stated that for the record, there were certain changes made in
the Mental Heaith Budget, There was a reduction in Support & Care Acct. 500
of $1,400 and 8 increase of $11,013- Acct. 360-Prof. & Specialized services.
Budget discussed; no action taken at this timed
72-1180 APPOINTMENT OF ALTERNATE BOARD OF SUPERVISORS MEMBER TO SERVE ON
LOCAL AGENCY FORMATION COMMISSION
On motion of Supervisor Maxon, seconded by Supervisor Ladd and carried,
Supervisor Madigan was appoa.~,ted as the alternate Board of Supervisors member
to serve on Local Agency Formation Commission.
72-1181 APPOINTMENTS TO KIMSHEW CEMETERX DISTRICT
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, the following were appointed members of the Kimshew
Cemetery District; to dill the vacancies created by the resignation of
Robert R. Rose, of the Stirling City community, and the absence of Mr. Dayton
Butler from the area:
Mr. Melvin Miller and Herman Go Eisan
72-1182 APPROVE APPOINTMENTS TO LOCAL APPEALS BOARD
Time spent discussing the reappointment of six present members plus
one new member for a two year term effective as of the date of appointment.
This is the building code appeals board. Chairman Gilman read the requirements
for the appointments. The present members are:
Robert Hines Dan Cook
R. D. Jeff ogds Louis Chrysler
Wilbur Mills D. Hershberger
Page 181 July 12, 1972
_ _ _ _ _ _ _ _ _ _ _ _ _ _ .Tuly=12 , W1472 = _ _ _ = = _ _ _ _ _ _ _ _ _
Appointments discussed. It was felt that knowledgeable men should be
on this board. It was suggested that someone should be on the board that
knew air conditioning. It was suggested that Herb Bowles be appointed to
the Board for this purpose.
On motion of Supervisor Maxon, seconded by Supervisor Ladd and
unanimously carried, the following were re-appointed to the Local Appeals
Board, for a two year term effective as of this date:
L. G. Chrysler, Jr,
Dan Cook
Robert F. Hines
R, D, Jeffords
Wilbur Mills
D, Hershberger
72-1183 APPOINTMENTS TO COME~ffSSION ON SENIOR AFFAIRS
Appointments to Commission on Senior Affairs discussed, Chairman
Gilman said he was not ready at this point to make an appointment;
Supervisors Ladd and Madigan said they had no appointments to make at
this time.
On motion of Supervisor Maxon, .seconded by Supervisor Madigan and
carried, the following were appointed to the Commission on Senior Affairs:
Edna Snyder - for 2'years
Arno Ross - for 1 year
On motion of Supervisor Douthit, seconded by Supervisor Maxon and
unanimously carried, the following were appointed to the Commission on
Senior Affairs:
Violet Proschold
Henrietta Moore
72-1184 DATES FOR BUDGET DISCUSSIONS
Chairman Gilman asked when the Board members would like to meet again
to discuss budgets. Dates discussed.
Chairman Gilman said there was to be a CSAC meeting in Sacramento
on Friday. Supervisor McKillop had been the Board's representative on
this Board, fihe meeting is to be held from 1:30 to 4:30 at the Hotel Senator,
Room 121, Sacramento, Supervisor Madigan said he would attend the meeting.
Discussed AB 1000; Supervisor Maxon asked if this Board was in support of
this bill; this Board has not endorsed the bill at this time. No action taken
on this bill.
Monday, July 17, 1972 at 8:00 a.m. was set for the next budget session,
RECESS: 4:10 for an executive session
RECONVENED: The Board reconvened at 5:15 following an executive session.
72-1185 ADOPT ORDINANCE N0. 1281 AMENDING SALARY ORDINANCE
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
carried, Ordinance No, 1282 amending the salary ordinance was adopted and
the Chairman was authorized to sign,
AYES: Supervisors Ladd, Madigan, Maxon and Chairman Gilman
NOES: Supervisor Douthit
ADJOURNMENT:
There being nothing further before the Board at this time the meeting
was adjourned at 5:20 to reconvene on Monday, July 1972 at S• 0 a.
ATTEST: CLARK A'. NELSON, COUNTY CLERK
BY: '~ ~~~~i- Chairman of th Board
Board of Su rvisors Clerks `~ Page 182, July 12, 1972