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HomeMy WebLinkAboutM071371July 13,.1971 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9000 a.m. pursuant to adjournment. Present: Supervisors Gilman, Madigan, McKillop and Chairman Reynolds. Clifton Nickelson, Administrative Officer, Daniel Blackstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. Absence Supervisor Maxon. INVOCATION' Rev. Robert Vitz, Craig Memorial Congregational Church, Paradise. Pledge of allegiance to the Flag of the United States of America 71-1387 SUPERVISOR MAXON EXCUSED "~ ~-"-'On motion'iif Supervisor Gilman, seconded by Supervisor Madigan and carried ,~Super~riso~*iM~xos~ was excused. 71-1388 MII~i;TES APPROVED On. motion of Supervisor McKillop, seconded by, Supervisor Gilman and carried, the minutes of June 24th and 29th, 1971 were approved as mailed. 71-1388 COMMUNICATIONS Gladys L. Coffman, Paradise. Mrs. Coffman, who owns property in Glenn County within the contemplated reclamation district, sends copy of petition O ~ , s~ which she forwarded to the Glenn County super.iisors requesting exclusion .from the district. Information. Mrs. R. A, Marr, Chico. ,Mrs. Marr writes regarding fire hazards on lots at the end of Whits Avenue and Lombard Lane and hopes action will be taken to 02 C)q ~ ~ alleviate this hazard. Referred to Don Black and Jerry Letson for study. Mr. Joseph J. Hein, Chico. Mr. Mein writes regarding the various appeals of Dr. William Schultz for a use permit to build multiple unit complex ~ ~ 3 ~ J on Oak Park Avenue, Chico. He requests that the Board maintain its position and deny the appeal. Information only. ' .Mrs. J. F. Martin, Palermo. Mrs. Martin writes to suggest the name of Mr. J. Hugh D'Amico of Palermo as the representative from Palermo to the joint ?j 5~.~ U board for the Greater Oroville Regional-Sewerage Fao-ilities. To be discussed during interviews. Pinnacle Cable Co „ Orinda. Mr. John Ray, president, notifies the Board that the Pinnacle Cable Company is interested in a_franchise to operate a / ~ d~~community television system in "the Magalia-Paradise area. Referred to County Counsel and Administrative Officer. California Water Service Company. 'The Company advises that they have filed an application-with the Public Utilities Commission for authority J ~ ~ Zc~to acquire the Chico Municipal Airport Water System-and to consolidate // it with its Chico district. Information only. Placer County Taxpayers Association. Mr. H. Andrew Fox, Jr., chairman, writes regarding activities of Assemblyman Chappie in promoting legislation to establish tax on mobile homes. He urges that the Board write to Mr. Chappie supporting such legislation. Information. Local Agency Formation Commission. The Commission forwards its resolution. as follows: (a) Resolution No. 71-9 approving the establishment of Couaty~Service Area No. 42; (b) Resolution No. 71-10 approving the Page 469. July. 13, 1971 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .Iuly=13,=1471 = _ - - - _ _ _ _ _ _ - _ _ _ _ _ establishffient of County .Service Area No.. 43 ..-Proposed resolutions for adoption by the Board of Supervisors establishing these two service areas are enclosed. See motion following communications. County Superintendent of Schools. .Mr. Evans -writes regarding the need-for establishment of a school at the Juvenile Hall. He states he has been ~ p ~ assured of space in the hall to utilize for. classroom use and that his C6O staff is aware of the request and ready co provide necessary information. His letter is to be considered a request for consideration for the establishment of a juvenile hall school. Administrative Officer reported on this matter; he requested that action be held off at this time. City of Biggs, The City forwards copy of its Resoiation No. 11, 1971, authorizing the City to join-with the County of Butte in the health insurance plan ~ Dv+~ ~ sponsored by the New York Life lnsurance Company. Referred to Personnel Director and the Auditor. , City of Half .Moon Bay, The City writes regarding SB 1354 which provides controls for the conservation and development of the coastline. Request the / Cjd~d County to join them in actively supporting this conservation bill. Information. County of Fresno. The County sends certified copy of its resolution terminating reciprocal agreements with other counties for hospital and medical services for indigents, termination date August 1, 1971, information. Yuba County Superintendent of Schools. The Superintendent certifies the amount ~ required to be raised by county tax for the identification and education ~6 0'a of physically handicapped minors under Education Code Section 6801 or 6802 for the 1971_72 fiscal year. Referred to Auditor. County of San Diego. Mr, Henry A, Bonet', supervisor, writes regarding need for welfare reform and encloses various news clippings on this subject. Information, County Supervisors Association of California. The Association sends notice that June 30, 1971 is the closing date for Fourteenth Annual California bounty Employee Safety contest and encloses the contest report form to be completed and forwarded to the State Comgansation Insurance Fund. Referred to Personnel Director. County Supervisors Association of California. The Association writes regarding SB 903-Cologne, This measure would authorize three annual delayed installments of property taxes attributable unimproved structures. The problems which would be caused by this bill are outlined. The Board is urged to write or call our senator immediately. See motion following communications. Department of California Highway Patrol. Captain Flamm sends copy of letter to Department of Public-Works regarding-speed zone on Evans-Reimer Road. He states "the hazards from residential dwellings and auto and ~ O ~~~D pedestrian traffic justify the speed restriction of 35 mph, although from the standpoint of accidents this section of road would not justify reducing the speed limit. To provide uniformity he recommends the zone extend to Larkin Road. Discussed; no action taken. State Department of Water Resources, Aivision of Safety of Dams. The Division writes to the Director of Public Works regarding the Lake Madrone c~ ~ d,0 ~ Dam and Reservoir. Discussed later in the meeting. State Department of Water Resources. The Department forwards copy of its letter to the County Auditor giving statement of charges for water 1 I ~ , a / supplied from the State Water Project in calendar year 1972. Referred to George Stamm> Page 470, July 13, 1971. _____- -__-_=====Julyi.3~1971___________________ California Department of Agriculture. The Department responds to the Chairman's letter expressing concern.as to the lack of state funds for eradication of Yellow Leaf Roll and Western X diseases of peach trees for the 1971-.72 year. Because of inability to eradicate this problem it must now be considered a control project and .as such would have to be funded in part by the agricultural industry that benefits from such ,eradication. They state that industry participation has n,ot been forthcoming but that when industries do provide acceptable method-of financing they .will resume the control project. Referred to farm Bureau and Calif. Peach Association as requested by Chairman Reynolds. State Department of Human Resources°Office of Mar_power Utilization. The Department sends questionnaire regarding development of effective career opportunity programs by public employers far the disadvantaged. They request completion by July 30, 1971. Referred to Administrative Officer and Personnel Director. State Department of Mental Hygiene. The Department forwards copy of its bulletin entitled "Uniform-Method of Determining Ability to Pay for 3 ~ d,~ ~ Community Mental Health Services." Referred to Dr. Maguire and to Ed Robinson, Welfare Director. State Social Welfare Board. The Board sends announcement o£ a major regional ~ meeting on the subject of absent parents child support to be held in ~ Z ~ ~~ Sacramento on Monday9 September 13, 1971. Tnformation. To be discussed at a later time. State Department of Social Welfare. The Department forwards communication regarding implementation of Assembly Bill 1640, including questions and answers regarding the bill and copies of the proposed contracts with the county. Administrative Officer explained this bill; no action taken at this time. Senator Fred W. Marler, Jr. The Senator acknowledges receipt of our Resolution 71-119 in opposition to AB 225. He states he is opposed to the bill and will vote against it should it come before him in the senate. Information. Office of the Governor. Edwin Meese, executive assistant to the Governor, acknowledges receipt and expresses thanks for the Chairman°s letter recommending Mrs. Patricia Rellaford as a delegate to the White House Conference on Aging and has forwarded the information to the Human Relations Agency where it will be given careful consideration. Tnformation. Department of Health, Education, and Welfare. Robert Coop, regional director, writes regarding the welfare reform conference held on June ].45 1971 to discuss the legislative welfare reform proposals and encloses a summary of proceedings. Informatirn . J. K. Barretf, Chico. Mr. Barrett writes to request that the Gounty petition the Pacific Fire Rating Bureau to review Butte County for a reduction ~ ~ in fire rates and improvement of zones based upon the new fire ~ d ~• station and fire hydrants in the North Valley Plaza, Pleasant Valley area. Letter read and discussed. Administrative Officer requested to discuss the matter with Jerry Letson, Fire Marshall for Butte County> William Howerton, Letter Carrier. Mr. Howerton states that the letter is written on behalf of the National Association .of Letter Carriers and it concerns the number of dogs running loose in Butte County< He asks if Butte County has an ordinance that controls dogs running r~v d.5 loose in the County. It was suggested that the Administrative Officer secure a copy of the City of Modesto ordinance, which is strict in this matter. Administrative Officer will answer this letter and secure a copy of the ordinance from the City of Modesto, Page 471. July 13 , 1971 __________________July=13,=1971 =__==_________ __-- Ronald Reagan, Governor of the State of California. Governor Reagan sets forth D reasons behind his veto of certain, budget items relating to welfare and (o ~~~~ Medi-Cal. See discussion and action following communications,' 71-1390 ADOPT RESOLUTIONS 71-140 COUNTY SERVICE.AREA N4. 42 and RESOLU'ITON ldo. 71-141 COUNTY SERVICE AREA N0. 43 On motion of Supervisor McKillop, seconded by Supervisor Madigan and carried, Resolution No. 71.140 on intention to establish County Service Area No. 42 was adopted, setting the hearing date for August 17, 1971 at 11:00 a.m., with the provision that the resolution will be amended to state that the Board will determine the language for taxing within this service area and the Chairman was authorized to sign. On motion of Supervisor Madigan, seconded by Supervisor McKillop and carried, Resolution 71-141 of intention to establish County Service Area No.43 was adopted and the Chairman was authorizedro sign. Hearing date set for August. l7, 1971 at 11:00 a.m. 71-1391 ADMINISTRATIVE OFFICER AU',IS-IORIZRD TO CALL STATING THE BOARD°S OPPOSITION TO SB 903-Cologne On motion of Supervisor Reynolds, seconded by Supervisor McKillop and carried, the Administrative Officer was authorized to call the County°s State Legislators and Senator Cologne stating that this Board opposed SB,903-Cologne. 71-1392 DISCUSSION: LACK OF SAFSTY ON OROVILL£ LAKE Supervisor Gilman said there was another program he would like to discuss; this deals with the lack of any safety requirements on Lake Oroville. He said the people-were operating their boats in a reckless manner. It was stated that the state was understaffed on this lake. •Supervisor McKillop said that boat safety should be a topic for the Oroville Lake Committee, to be appointed, to discuss and determine what should be done. Matter discussed; no action taken. 71-1393 COUNTY COUNSEL AUTHORIZED TO JOIN ITT ACTION BY COUNTY Si7PERVISORS ASSOCIATION OF CALIFORNIA FOR CLARIFICATION OF"RESPONSIBILITY FOR~WELFARE PROGRAM The letter from Governor Reagan concerning reasons behind his veto of certain budget items relating to welfare and Medi-Cal was ieado Supervi's'or McKillop presented an "Immediate Release" from the County Supervisors Association of California and requested the Cierk to read said release. It-was felt that the Courts should .define the responsibility of the State and the Counties concerning welfare and other public programs. It was stated that the Los Angeles Board of Supervisors was joining in the suit to request clarification of the program. Supervisor McKillop reported on the director"s meeting of the County Supervisors Association and stated that everyone is concerned about this program. Discussed the matter of the residency clause. It was felt that this requirement should be put back on the books. Supervisor McKillop felt that this County should join in this suit and that they should also request that the State should make the residency requirement part of any Welfare reform program. On motion of Supervisor Madigan, seconded by Supervisor Gilman and carried, County Counsel was authorized to join in the suit for clarification of the lines of responsibility for the Welfare program. On .motion of Supervisor McKillop, seconded by Supervisor Madigan and carried, the Board concurred with the County Supervisors Association of California in .that a residency requirement should be made a part of any Welfare reform and that the County will notify the County's Legislators, the Page 472, 3u1y,13, 1971 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .Yuly=i3,=1971 = _ _ _ _ _ _ _ _ _ _ _ _ Governor of the State of California and the County Supervisors Association of California. RECESSo 9:50 RECONVENED: 10:00 71-1394 RE UES'I STATE FISH & GAME-COMMISSION TO CLOSE FROGGING IN BUTTE COUNTY AND TO TNCREASE_1,IC_FaNSE FEES FOR FISHING AND HUNTING Gene Mercer, Butte County Fish &-Game Commission, reported that at a Butte CountyFish & Game Commission meeting last-night the Commission passed a motion to have Assemblyman Johnson endorse legislation to increase the fees for hunting and fishing licenses. Request explained. Time was also spent discussing the frog situation in Butte County. Glenn County and Colusa County have been .closed for frog hun~~r;g~ for the past two years. It is felt that the commercial fishermen are taking the frogs and that if frogging was to be closed in this county, we might again. have frogs in the County. Mr. Mercer said he would request that this Board x•equest the State Fish and Game Commission to close Butte County for frogging. Request discussed. On motion of Supervisor McKillop, seconded by Supervisor Reynolds and carried, the State Fish and Game Commission. will be requested to close _frogging in Butte County for the experimental"~ and commercial' taking of frogs, On-motion of Supervisor Madigan, seconded by Supervisor Gilman and carried, the Board approved the request of the Butte County Fish & Game Commission for a request to increase the fishing and hunting license fees. 71-1395 APPROVE CONCEPT OF A NEED FORA FLOODWAY PLAN IN BUTTE GOUNTYa APPEARANCE OF MEMBERS OF RECLAMATION BOARD STAFF TO DISCUSS PROPOSED PLAN Paul Flannigan, of the State Reclamation Board, appeared to discuss the designated floodway plan for the Feather River between Honeut Creek and the Ox•oville Fish Hatchery Dam. This discussion is preliminary to hearing to be conducted by the Reclamation Board in theBoard of Supervisors room in Oroville on July. 23, 1971 at 10 a.m. Mr. Flannigan explained the area that would be within this floodway. He explained how the lines would look, Mr. Flannigan explained the plan; he said it was not the purpose of the Reclamation Board to Iimit farming activities. The steps for establishing the floodway set out and discussed. He said that letters would be sent to the landowners within the area. Mr. Flannigan said the Reclamation Board was seeking approval of this Board of Supervisors of the concept of this floodway, It was stated that the Hoard members would like to hear from the people who attend the meeting to be held July 23rd, before they approve the plan. Plan discussed. On motion of Supervisor McKillop, seconded by Supervisor Madigan anal carried, the Board approved the concept of the need for a floodway plan in Butte County. 71-1396 APPROVE ANNUAL COUNTY' INSPECTION .SERVICE AG_R_EEMENTe EARLY APPLE ADVISORY BOARD 0n motion of Su ervisor Madi as second p g , ed by Supervisor Reynolds and carried, the annual County Inspection Service agreement between the Early Apple Advisory Board and the County was approved and the Chairman was authorized to sign. Page 473, July.13, 197I. .~ ------------------July 1311971__ _- ------------ 71-1397 AU'rHORIZA'IIORY TO SPEAR..AT STATE HIGHWAY COMMISSION MEETING ON JULY. 23, 1971 in OAKL.4!~'D Clay Castleberry, Director of Public Works, spoke on his request for authorization to speak d.t the 'State Highway Commission meeting to be held in Oakland on July 23, 1971. Mr. Castleberry said he would like authorization to speak in favor of the state acceptance of Olive Highway in the system and in regard to transfer of auction yard deed to Butte County, Supervisor McKillop said it was necessary to follow this matter and felt that Mr. Castleberry should go to this meeting and speak. Board members concurred with the request for authorization to speak at this meeting. 71~-1395 _APPROVE FALERMO_FIRE STATION COuSUL'TAN1`C CONTRACT - On motion of Supervisor Reynolds, seconded by Supervisor Madigan and carried, the Palermo Fixe station consultant contract was approved with Cook Assoc~.ates, in the amount of $2,800, $19000 payable on receipt of the preliminary plans and the balance when eons*_ruction contract is awarded, subject to budgetary approval s~-~d County Counsel's approval, and the Chairman was authorized to sign. 71W1399 REPORT ON BID OPEhINGSo AWARD OF CONTRACTS-FOOTHILL BOULEVARD & HILLDALE AVENUE PROJECT .AND HOSPITAL WATER. LINE Clay Castleberry, Director of Public Works, reported oa the bids received on the following project~o (1) BidL on the Foothill Boulevard and Hilidale Avenue job were as follows„ Golden Center Gox{structi.on Company $159,890; Baldwin-$189,363; Robi.nson~$168,701.50j Teichert °• $202,335. Engineers estimate was $151,255.50. (2) Hospital water line system bids were as followsa Fairley Construction Company, :Belmont_$19,855.50; West "Valley Construction Company, Iac., Los Gatos- $17,700; Fisci Brothers Inc,, Paradise - $16,826. Bids have been reviewed aad the bid of Fisci Brothers, Inc, of Paradise is recommended for acceptance. Mro Castleberry Said that Public Works Department was the low bidder on the Foothill Boulevard px'ojes:t; he said the next bid is a good bid. He reported that the Foothill Blvd. project has $100,000 budgeted funds; $20,000 for the Hi11da1e.Avenue portion. City of Oroville has $22,000 funded for these projects. Mr. Castleberry saidr_:here was addition funds left from the Neal Road project due to good bidding. He said it would be in order to transfer $1800 from the Federal Aide Secondary carry=over fund to this project. Or, motion. of Supervisor McKillop, seconded by Supervisor Madigan .and unanimously carrieds the bid for the Hospital water line system was awarded to Fisci Brothers, Iac,, Paradise, in the amount of $16,8269 and the Chairman was authorized to sign the contract. Oa motion of Supervisor McKillop, seconded by Supervisor Gilman and carried, the bid of Golden Center Construction Company in the amount of $159,890 was accepted for the Foothill Boulevard and Hilldale Avenue project; transfer of funds from the, Federal Aide Secondary carry-over fund in the amount of $ 18,000 was authorized, the Chairman was authorized to sign the contract, subject to the condition that the City of Oroville deposit with the County Treasurer their share of this project. Page 474. ,~u'ly. I3 , 1471 ___________________July•13~ 1971=====_________- 71-1400 R&PORT ON SUR"NE'i O:E MOBILB HOMB RRG'ULA`TIONS AND GSAGE, IN CALIFORNIA Mrs. Heiynn Hilke; representing the Paradise Givic Betterment League, made a report to the Board of Supervisors on the results of the League's investigation into controlling the utilization of mobile homes in certain California counties. Mrs. Hiike stated that about a year ago some of the residents of Paxadise became interested in the influx of mobile homes into Butte County. They tried to determine how many mobile homes-were in Butte Gounty and ttzey discovered that there was no agency in Butte County that keeps a record of these mobile homes. The most knowledgable estimate was set at 3,000 homes in mobile home parks and 2,000 mobile homes on private lots. This year when Dave "9aseo, Gounty Assessor, sent out his forms, he placed a box on the form to be checked if thex'e-was a mobile home on .the property. Material had been prepared in packets for theBoard members concerning the x'eSYllt of this study. Mrs. Hilke explained the survey and the copies of the documents presented to the Board members. She stared That mobile home owners find Butte County most attractive because of the absence of regulatory laws concerning mobile homes, She said that mobile homes are not truly mobile.. Mrs. Hilke explained the taxes paid by homeowners and the taxes paid by mobile home owners. She said that there have been attempts to change the laws at the state level concerning the taxing of mobile homes; few of the bills get out of committee. Mrs. Hilke felt that mobii.e homes were misnamed, they should be renamed a por.tabiE home. StatlStiCS secured from the Planning Department concerning the issuance of permits for mobile homes set out. It was stated 'that mobile home park owners pay taxes per space, so in a sense, mobile home dwellers in parks do pay property owner taxes. Mrs. Hilke said that there were many problems surrounding the handling of mobile homes by the state, it. is impossible to check values of the mobile homers. She stated that she had spoken to Assemblyman Chappie about a breakdown on travel trailers and mobile homes. Mrs, Hilke stated that after having made the studys they have some recommendations to make concerning the mobile homes on private lots. She said that it seemed to them than the ideal solution. would be to completely prohibit mobile homes from individual lots until the S"rate changes their taxing method. Recommendations of the League let out a.nd discussed.. She recommended that this Board go on record as fevoring State legislation concerning mobile homes. She said that many of "the counties having ordinances concerning mobile homes sent the League copies of the ordinances. The Board members commended Mrs. Hilke and her group for this report. Chairman Reynolds suggested that the group"have a conference with the editors of the county newspapers concerning this matter. Mrs. Hilke said she would confer with the editors of the newspapers to alert the public on the matter. Supervisor McKillop suggested that Mrs. Hilke give the Administrative Officer copies of the ordinances that she x'eceived from the other counties and the Board members could go through these ordinances and decide how this matter should be handled. The Administrative Officer will secure information on this matter, secure the copies of the ordinances from Mrs, Hilke and report back to the Board, Supervisor McKillop said the County should still continue to work at the State level to come up with meaningful legislation in this matter. The Board members thanked Mrs, Hilke for her report; no action taken at this time. Page 475. ,7u1y.13, 1971 Ju7.y_13,_1971 _ _ _ _ 71-1401 SALE OF SURPLUS PROPERT'Y'-SOUTHWEST CORNER OF LINCOLN AND WY'ANDOTTE ADOPT RNSOLUTION 71-142 ACCEPTANCE OF BTD FOR PROPERTY 'The public hearing on the sale of surplus property on the southeest corner of Lincoln and Wyandotte was held as advertised. Bid has been received from Clifford Polston and Arthur Eugene Rudy in the amount of $6300, with $750 down and the balance at the rate of $75. per month at an interest rate of 7%. It was stated that the bid is adequate to cover the County9s costs. Hearing opened to the public for acceptance of oral. bids. No bids received. Bidding closed to the public. On motion of Supervisor Gilman, seconded by. Supervisor McKillop and carried, Resolution 71®142 awarding sale of real property to Clifford .Polston and Arthur Eugene Rudy was adopted and the Ghairman was authorized to sign. 71-1402 PUBLIC HEARING - VZSTEC ?'NC. (WAYNE WEDELL)-PROPOSED REZONING FROM A-2 to PAmC (PLANNED AREA-CLUSTER) DISTRICT FOR PROPER`TY' LOCATED SOUTH OF SACRAMENTO AVENUEA WEST OF OAK LAWN AVENUE AND NORTH OF BIDWELL AVENUE, CHICO: CONTINUED The public hearing on the application of Vistec Inc. (Wayne Wedell) for proposed rezoning from AP2 to PC-C (planned area-cluster) district for property located south of Sacramento Avenue, west of Oak Lawn Avenue and north of Bidwell Avenue, approximately 15.5 acres, identified as AP 43-26-03 and AP 43°2972, Ghico, was held as advertised. Jim Lawson, Planning Director, summarized the actions of the Planning Commission in this matter. This rezoning was recommended for approval by the Planning Gommission. Hearing opened to the public. Mr. Lawson stated that there were three letters received in opposiCion to this matters one of the letters was .from Mayor Nichols of Chico. 'The City of Chico requested that the Board delay action on this matter at the present time. Area planning-will be discussed Thursday at the City-County .meeting. Appearing in favore 1. Mro Wedell, Vice President of Vistec. Mx'. Wedell stated "that the developers plan to build in clusters. Flans for the development explained. Mr. Wedell explained;[ahat had transpired prior to this.hearing. He said the houses would a'll be two-storied; mostly three bedrooms. There will be a park in front of each home9 every home owner will pay a certain .amount each month for maintenance of the park. Mr, Wedell stated that there was a housing need in the Chico area. They plan on .supplying .housing at a medium price for the people. He said that the extension of Rose Avenue will be built by the developer. 2. Mr. George Demis, North State Realty, Chico. He said there was a tremendous housing need in Ghico, expecially so in the $20,000 price range. He said the type homes that are planned for this. development will help the low income people. 3. Dan Pellicotti; Oroville, said he represented the construction industry, He said he could not understand the City of Chico`s objection to this project, He said this development would be good for the City of Ghico and the County of Butte. This would put a lot of people to work and will alsc bring in a great deal of taxes for the County. Page 476. July, 13, 1971. -------------====-July 13s 1971=~====____________ RECESSo The Board recessed at 12020 to reconvene at 1030 RECONVENEDo 'The Board reconvened at 1030 P.M. Supervisor Maxon absent. The hearing on the proposed rezoning .from A-2 to PA-C, Chico, for 9ixtec Inc. e.ontinued. Appearing in opposition to the proposed rezoning< 1. Mr. Robert Brittain, Bidwell Manor, Chico. He stated he represented a group of people who are in opposition co this rezoning. He said he was appearing at this time to urge the Board to deny this rezoning. He felt that if this r.ezonir..g were to be approved it would alter the present neighbor- hood structure. This is a highly populated area, These would be two-story struc"tunes and these people could look down on their neighbors homes. Mr. Brittain set out his objections to the development. He said that each of the home owners h,ed faith that the quality of the neighborhood would remain, the same. Mr. Brittain requested that Mr. Lawson read the letter from the Chico P1ann.ing Gornmission which recommended that the County deny this request for rezoning. Jim Lawson read the letter from the Mayor of Chico requesting that the Board delay action on this request. A letter from Charles Harvey in opposition to the rezoning was read by the Clerk. Letter from Vivian E..Lacey in opposition read, Z.John Stutz, Morga*-~ Avenue, Chico, appeared in opposition. He said the residents of the area oppose this type development in the West Chico area. He said the Planning Commission members had felt that this would be annexed to the City of Chico. Vote of the planning commissioners discussed. 3. Mr. Ed Morrison, Bidwell Avenue, Chico. He explained his objections to this rezoning. 4. Mrs. Maxine Vanella, Chico. She said she was concerned about the children. S. John Sutoff, Chico. Hearing closed to t:he public and confined to theBoard. Chaixman Reynolds suggested that the Board delay voting on this matter until after the meeting with the City of Chico on Thursday. Supezvisor Gilman said he could not make a decision at this time. Hearing continued to 'Tuesday, July 27th, 1971 at 11000 a.m. 71-1403 PUBLIC HEARING, WILLIAM RE`IZER, PROPOSE- REZONING FROM A-2 TO PA-C SPLANNED AREA-CLUSTER} DIS_TRIG_T_,_G_HICO The public hearing on the proposed rezoning from A-2 to PA-C (planned area-cluster) district for property located between.Morseman Avenue, Burnap Avenue, south of Lassen and north of Hacienda Oaks Subdivision and the easterly prolongation of north line of said Hacienda Oaks Subdivision, approximately 35.74 acres, identified as AP 44-36-07, 8, 9 end 24, Chico, was held as advertised. Jim Lawson, Planning'~Director, summarized the actions of the Planning Commission in this matter, Planning Commission recommended appx'oval of this rezoning, for a 20 acre portion of the development and not to consider the bottom portion of the development. Page 477. July 13,-1971 ___________________Ju1~t13~19Z1=====________ ___ Hearing opened to the public. Appearing .in favora no one. Appearing in oppositiono No one. Charles Andrews, attorney for Mr. Retzer, and Mr. Mr. Retzer,applicant asked if the Board had any questions to ask about the development. Mr. Retzer explained the development and what they plan on doing in that area. No questions by the Board members. Hearing closed to the public and confined to the Board for action. 71°1404 ADOPT ORDINANCE N0, 1151 ZONING A PORTION OF THE COUNTY AS AN."PA-C" (PLANNED AREA-CLi35TER) DISTRICT, CHICO On motion of Supervisor Madigan, seconded by Supervisor McKillop and carried,. Ordinance No. 1181 zoning a portion of the County of Butte "PA-C" (planned area-cluster) district was adopted and the Chairman was authorized to sign. 71-1405 PUBLIC HEARING, WILLIAM I. SHUL'TZ, USE PERMIT FOR MULTIPLE FAMILY DEVELOPMENT SOUTH .SIDE OF OAK PARK.AVEI~UE, WEST OF ROSEDALE ELEMENTARY SCHOOL, CHIGO The public hearing on the use permit for multiple family development (36 units) on a four-acre pa reel located on the south side of Oak Park Avenue and west of the Rosedale Elementary School identified as AP 42-19-34, Chico was held as advertised. .Jim Lawson, Planning Director, summarized the actions of the Planning Commission in this matter. This hearing is an appeal of the denial by the Planning Commission. Background of this application set out by Mr. Lawson. Mr. Lawson presented plot plans for the Board's study. This property is contiguous to the C~ty of Chico's city limits. -Sewer lines are available and it is felt that this would be the appropriate time to annex to the city and connect to the oily sewers. Hearing opened to the public. Appearing in favora Applicant, Dr, William Shultz, Dr< Shultz explained his request in this matter. He stated that a use permit had been issued for this property twice in the past and he could not understand why it was denied by the Planning Commission at this time. Dr. Shultz said that if they could secure a pex'mit in the County, he would be milling to annex to the City of Chico later. Denial of the use pexmit discussed. 2. Mr. Roy Uhl. He stated that he had property in this area and he favored this use. Appearing in oppositiono 1. Mr. Stutz. Z. John Suthoff. Hearing closed to the public and confined to the Board. Supervisor Gilman said he does not think that this is in order until after the meetings have taken place in Chico. He felt this hearing should be continued to July 27th. Hearing closed and continued to July 27th at 11000 a.m., at which time this Board will make their detexmination. 71-1406 APPROVE JOINT POWERS AGREEMENT AND ADOPT RESOLUTION 71-143, COUNTY SERVICE AREA NO, 26 'IHERMALITO_SEWERS) HEARING SET FOR AUGUST 3rd, 1971 at 11000 a.m. Dave Minasian, Attorney at law,.was present to speak to the Board concerning using Service Area No. 26 as part of the financing for the Oroville Pages _.478:. July 13,.1971 ?u1y 1.3, 1971 Area sewer system. Mr. Minasian explained the request. A joint powers agreement between County of Butte (County Service Area No. 26) and Thermalito Irrigation District for financing construction and operation of sewerage facilities serving the area within Butte County Service-Area No. 26 presented and discussed. Dan Blackstock, County Counsel, said that they have worked on this joint powers agreement and it was felt that it was a good agreement. On motion of Supervisor McKillop, seeended by Supervisor Madigan and carx'ied, the ,joint Powers Agreement between County of Butte (county-Service Area No. 26) and Thermalito Irrigation District for financing construction and operation of sewerage facilities serving the area within Butte County Service Area No. 26 was approved and the Chairman was authorized to sign. On motion of Supervisor McKillop, seconded by Supervisor Madigan .and carried, Resolution 71-143 determining the whole of Butte County Service Area No. 26 as being benefited by the accomplishment of providing sewage service was adopted and the Chairman was authorized to sign. A hearing on said resolution way set for Tuesday, August 3, 1971 at I1s00 a.m. 71-1407 PUBLIC HEARING (CONTINUATION) ON INTENTION TO RENAME COUNTX HIGHWAYS The continuation on the public hearing of intention to rename certain county highways was held, Mr. Claude Willis, Forest Ranch, was present with an. amended list of road name changes. He had a petition from the people requesting these changes. Clay Castleberry, Director of Public Works, stated that it would be in order to accept these listed changes and refer them to the Planning Commission, The Planning Commission .should hold a hearing in Chico for the people that would like to discuss these changes. Petition referred to Planning Commission for study and for setting of a hearing. This hearing continued to Tuesday, August 31, 1971 at 11000 a.m. 71-1408 PUBLIC HEARINGS SOUTHERN CALIFORNIA FINANCIAL CORPORATION-REQUEST FOR ABANDONMENT OF PUBLIC UTILITIES EASEMENTS ADOPT RESOLUTION 71-144 The public hearing on the Southern California Financial Corporation request for abandonment of public utilities easement in a portion of AP 34-04-20, being a portion of Parcel "A" of Kelly Ridge Estates, Unit No. 1, was held as advertised. Clay Castleberry, Director of Public Works, stated that he has reviewed this-with Planning Department and they concur-with the abandonment. Hearing opened to the public. Appearing in favors No one. Appearing in oppositions no one, Hearing closed to the public and confined to the Board for action, On motion of Supervisor McKillop, seconded by Supervisor Cilman and carried, Resolution 71•°144 of abandonment of easement was adopted and the Chairman was authorized to sign. 71-1409 DISCUSSIONS PROPOSED AGREEMENT FOR LIBRARY MERGER:WITH CITY OF OROVILLE Dan Blackstock, County Counsel, stated that he has presented corrected copies of the proposed agreement for library merger with City of Oroville to the Board members, Mr. Blackstock summarized the background of this agreement. He said that many months ago the City of Oroville sent co the County a proposed agreement; there were many things that the Board could not accept. He explained the problems in the matter. He said this proposed agreement that he now_has Page 479, r July,13, 1971 _ _ _ _ _ _ _ _ July_I39_1971 presented to theBoard could be approved. Changes within the agreement discussed. Mrs, Terry, County Librarian, stated that within all the discussions, it was agreed that it would take 3 people to handle this branch library. What was being discussed was 3 people in the public branch library and one person to help with the consolidation of the services. Chairman Reynolds stated that.he did not object to her request but he would like some of the other items changed, He said he would not want to be bound by the matter of locationo Mr. Blackstock said the draft of the agreement was dated July .8th; the question of the books has been modified, The question of location has been modified co reado "it is understood and agreed that the present facility is inadequate; that a new facility would have to be built in_a central location." This modification could be removed. Proposed agreement discusseda It was stated that the agreement does not provide for the termination of the agreemento Chairman Reynolds said he would not like to take action on this agreement this week. It was felt that there should be an escape valve as to the providing of library services and where the County would build the library. Mr. Blackstock will make these changes in the agreement and will secsd the proposed agreement to the City of Oroville, -Supervisor McKillop and County Counsel will meet with the city representatives and discuss this agreement, Agreement to be placed back on the agenda for Tuesday9 July 20th, 1971. 71-1410 PUBLIC HEARING SETo PROPOSED REZONING A-2 LIMITED T0."R-1" (SINGLE k'AMILY RESIDENTIAL) DISTRICT WITHIN PARADISE IRRIGATION DISTRICT A public hearing was set for 'Tuesday, July, 27, 1971 at 11000 a.m. for the proposed rezoning from A-2 limited to "R°111 (single family residential) district for area generally described as all that part of the southwest quarter of Section 16, T22N R3S within the Paradise Irrigation-District; and all 0£ Section 21, T22N, R3E located north of Honey Run Road, Paradise, 71°1411 APPROVE REQUEST POR EXCEPTION 'TO SUBDIVISION ORDINANCE FOR JOHN F, HENDERSONo DISAPPRO~IE REQUES2 FOR EXCEPTION TO SUBDIVISION ORDINANC$ FOR RAXMOND L. BI7'RNS On motion of Supervisor McKillop, seconded by Supervisor Gilman and carried, the request of Raymond L, Burns for request for exception to Subdivision Ordinance to reduce required road easement width in connection with a tentative map for AP 52-032-399 3 lots, south side of Valley View Drive, west of Crest View Drive and east of Wagon Wheel Road, Paradise and for said parcel map was approved. Motion discussed. On motion of Supervisor McKillop, seconded by Supervisor Reynolds and carried, the previous motionr was rescinded and the exception for John F. Henderson for an exception Co Subdivision Ordinance to reduce required road easement width in connection with a tentative map for property identified as AP 55-202-03, 3 lots, east of Edgewood Lane, west of Sawmill Road and north of E. Roe Road, Paradise and said parcel map was approved. On motion of Supervisor McKillop, seconded by Supervisor Madigan and carried, the exception to Subdivision Ordinance to reduce required road easement width in connection with a tentative parcel map for AP 52-032-39, .3 lots, south side of Valley View Drive, west of Crest View Drive and east of Wagon Wheel Road, Paradise and approval-o_Page 480, July-13, 1971 J'u'ly 13, 1971 - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - Wheel Road, Paradise and request fox' approval of said parcel map was denied for Raymond L. Burns. 71-14.12 ADOPT ORD'INtiNCE N0. 1182 AN INTERIM ORDINANCE AMENDING COUNTY ORDINANCE 925 CONSOLIDATING "R°1" (SINGLE~FAMILY RESID&NTIAL PARADISE On motion of Supervisor Reynolds, seconded by Supervisor McRillop and carried, Ordinance No. 1182 an interim ordinance amending County Ordinance 925 consolidating R~1" (single family residential) for property generally described as Merrill Road, Rexdale Lane, Sylmar Lane, Wheeler Road, Shay Lane and June Way was adopted and the Chairman-was authorized to sign. 71°1413 APPLICATION FOR EXCEPTION TO SUBDIVISION ORDINANCE N0. 974o CONTINUED At the request of the Planning Director the application for exception to -Subdivision Ordinance No. 974, due to inadequate access to parcelo Willis Ward property, identified as AP 55-05°04 located at 3582 Lassen Road Paradise, deferred to Tuesday, July 20, 1971.. EXCEPTIONSa NONE 71-1414 APPROVE PUBLTC WORKS I`IEMS On motion of Supervisor McKillop, seconded by Supervisor Madigan and carried, the following action was takeno 1. Approved the final map for Paradise Pines Unit No. 15 (198 lots, Magalia) for recording and acceptance of the offers_of dedication. 2. Acknowledge receipt of $800 from Mile McPherson to be used for offsite storm drainage in the vicinity of Lot 31, Rancheria Drive, Chico. 3. Authorized refunds of $740 to Butte Cotlstruction Company, for building sites located in the city, limits of Chico; (2) $63.13 to Jim Moore as owner decided not to build and (3) $99.93 to John Hallmark as owner decided not to build. 4. Approved Change Order No. 3, Oroville Quincy slide removal project No. ER-660(1) in the increasing amount of $426.59 which provides for placing additional asphalt concrete along side the edge of the overlay and within the existing paved ditch, and authorized the Chairman to sign. 5. Accepted the work of Mastellotto Enterprises, Inc. for the removal of an existing earth slide above the roadway, hauling material to a disposal area off th.e right of way and placing an asphalt concrete overlay on the existing roadway in the slide areas authorized the Chairman to sign .the Notice of Completion and instructed the Clerk to record said notice with the County Recorder. 6, Approved agreements for sa3e for right of way acquisition, East Avenue Project 57191W70-1, authorized the Chairman to sign said agreements on the followingo Project 5719170-1-East Ave, G. O. Wussow 0.004ac.$ 76 L. W. Lord 0,009 138 H. Mason 0.008 137 Juanita Mullin O.Oi7 ac.341 Page 481. No impr. $ 76 138 137 " 341 July 13,-1971 July_13,_1971 D. 0. Jones 0.008 ac. $137 No impr. $137 L. A. Gloeden 0.005 ac. 83 ." 83 McCain & Assoc. 0.021 ac. 638 " 638 W. F. O'Conn.ell 0.006 ac, 84 " 84 R. L. Warren .0.004 ac. 72 " 72 R.. E. Peterson 0.012 ac. 253 " 253 7. Accepted grant deeds and authorized Chairman to sign the certificates of of acceptance on the followings Skyway 51261 (variance) Rey•D. Horner and Miriam I. Horner Harlan Avenue AP 30-212-17 R. T. Barksdale Harlan Avenue AP 30212-09 K. W.-Fultz Pentz Road Parcel 8 Butte Junior College District Oroville Reservoir DWR-Director's Deed Parcels ORO~-50-1-.A 652-A & 651-A W.P.R. Re"location DWR Director's Deed Parcels ORO-4-B 1Tnit A 5-A B 4-B G 7-B C 59-A C 60-A C 58-A D 4-B E 5-A E 6-1-.A E 7-B E Thermalito Afterbay DWR Director's-Deed .Parcels TPP&A-11-A 13-A 2-A TC&F-48-G 48-F TPP&A- 8-A 10-A 37-C 37-B 93-F 71-1415 DISCUSSIONe IAKE MADRONE DAM Glay Castleberry, Director of Public Works, stated that he had a little information on the Lake Madrone Dam problem. He said the owner has been in touch with the Division of Dam Safety; the owner is trying Lo work out a solution to the problem. Dan Blackstock, County Counsel9 said that the owner of the area up there, Mr. Garner, came by his office a number of weeks ago-and they had quite a discussion about the problems up there. As a result of this discussion, Mr. Gardner hired an engineer. They do not. have a report yet on .the matter but the County should be hearing from them soon. The County should contact the owner and keep track of the situation. Mr. Castleberry said he would check on the matter. No action taken at this time. 71-1416 APPROVE IMPLEMEi~'TATION OF TRAFFIC CITATION SYSTEM A feasibility study of a system for processing parking and traffic citations at the Chico Municipal Court and the Oroville Justice Court has been prepared Page_ 482.. July 13, 1971. __________________July 13_ 1971=====_____=__===T=== and has been presented to the Board members for approval. Study discussed. On motion of Supervisor McK.illop, seconded by Supervisor Gilman .and unanimously carried., the implementation of traffic citation system for the Chico Municipal Court and the Oroville Justice Court was approved and the Chairman ryas authorized to sign .the approval of said system. 71-1417 AUTHORIZE CALL FOR BIDS - GRIDLEY'AREA AMBULANCE SER'9ICE -- Glif Mickelson explained that the contract for providing .ambulance service in the Gridley area expires oa September 22, 1971. Specifications in the present contract appear to be satisfactory. On motion of Supervisor Mcl~illop, seconded by Supervisor Reynolds and carried, the call for bids for ambulance service for two years commencing September.23, 1971, for County Service Area No. 37 was authorized, the opening set for August 279 19?1 at 2x30 p.m. in the Purchasing Office, Courthouse, Oroville, and a report to the Board on August 31, 1971. 71°i418_APPROVE ANIMAL SHELTER AGREEMENT WITH CITY OF CHICO The Administrative Officer stated that the annual agreement for furnishing animal shelter facilities and services to the County by the Gity of Chico has been prepared and is approved by Auditor, Counsel, and Administration. The agreement calls for a $450 per month advance to the City with adjustment on annual accounting .based on pro rata share of use. On motion. of Supervisor Madigan, seconded by Supervisor Gilman and carried, the animal shelter agreement with the City of Chico was approved and the Chairman was authorized to sign. 71-1419 ADOPT ORDINANCE N0, 1153 AMENDING ORDINANCE N0, 1095, KNOWN AS THE."SALARY ORDINANCE" On motion of Supervisor McKillop, seconded by Supervisor Reynolds and carried, Ordinance No. 1183, an ordinance amending Ordinance No. 1095, known as the "Salary Ordinance" was adopted and the Chairman. was authorized to sign. 71-1420 APPROVE TRAVEL QUESTS On .motion of Supervisor McKillop, seconded by Supervisor Reynolds and carried, the follaaring travel requests-were approvedo 1. Reimbursement for Dr. Bailey, hospital administr.ator9 who attended a conference on Mental Health Services and theGeneral Hospital in Reno, Nevada on July 7-9; number of nights' lodging-two; estimated cost of trip-$90; travel by private ear. 2. W. R. Lawrence, Auditor_Controller's Office, to attend County Accounting Standards and Procedures cammittee meeting on July 22 and 23 at Los Angeles, number of night"s lodging-one; estimated cost of trip- $95; travel by both public transportation and private car. 3. Charles A. Entile, chief investigator in the District Attorney's office, to attend the California District Attorney's Association conference at Santa Barbara on July 14 through 18; number of nights" lodging - four; estimated cost of trip-$196; travel by private car. Page 483. July l3, 1971 July 13, 1971 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 71-1421 APPROVE BLDGET TRANSFEFLS On motion of Supervisor Gilman, seconded by,Sugervisor Madigan, and carried, the following budget transfers were approved; B-197 Farm anal Home Advisor - $47.70 from special departmental expense to transportation and travel.. B•-198 Personnel - $.52,92 •~ from publications and legal notices to communicatl.ons. 71-1422 APPROVE APPOTN.•['ME'N'T_TO DUR1iAM MOSQUITO ABATEMENT DZSTRIGT BOARD On motion of Supervisor Gilman., seconded by Supervisor Madigan and carried, Bill Phillips was appointed to the Durham Mosquito Abatement District Board to fill the vacancy created by the resignation. of Echo Lamberto 71-~423_HEARLNG DA'1~ SE'I FOR ADOP_TI01!_OF GENERAL_PLAN• _. The hearing date for the adoption of the General Plan was set for Tuesday, July 27, 1971 afi: 1030 p.m. 71-1424 FOS'T~POETEMENT OF ADOPTION OF T!iE 1971-72 BUDGET Due to the absence of Supervisor Maxon, the adoption of the 1971-72 budget was postpo:a.ed to July 279 1971 at 1030 p.m. 71-1425 .ADOPT" OR.DII~ANCE NOo 1184 AMEIVDING,PLANNING GOMMTSSION.PROCEDURE Dan Blaekstock summarized the amendments included in this ordinance. He also stated that something additional should be prepared with regard to the duties of the Planning Directox•. On motion of Supervisor McKillop, seconded by Supervisor' Gilman and carried, Ordinance No, 1.184, relating to Planning Commission procedure, was adopted and the Chairman was authorized to sign. 71-1426 REPORT ON.PROCEEDINGS BEFORE TIC GLENN COUNTY. BOARD REGARDING PROPOSED RECLAMATION DISTRICT ~~~ County Counsel reported that the hearing in Willows regarding the proposed reclamation district was continued to July.27, 1971 in order to study the question of exclusions. He proposed that Public Works prepare a map setting out the specific exclusions for the Board`s information. He also suggested having engineering testimony with relation to the exclusions, Clay Castleberry stated that he could 'have a!map and list of the exclusions co the Board members by Friday, July 16, 1971 in order for them to review it before the July 27 hearing date. Mr. Blaekstock also spoke on some of the proponents of this district being in~volvefl in litigation. He suggested that this matter be referred to Public Works. Dan Blaekstock stated that he will continue to review the matter for the July 27~hearing and will talk with the Board again on July 20, 1971. 71-1427 APPROVE SATISFACTIONS OF MORTGAGE On motion of Supervisor McKillop, seconded. by Supervisor Gilman and carried, the Chairman was authorized to sign satisfactions of mortgage satisfying that mortgage dated the 18th day of July; 1961, made and executed by Thelma A. Warren as mortgagor, to the County of Butte, as mortgagee; that mortgage dated the 5th day of October., 1962 made and executed by Thelma A. Warx•en:as mortgagor, to the County of Butte, as mortgagee; and that mortgage dated the 21st day of August, 1962, made and executed by William H..Merchant, as mortgagor, to the County of Bu*_te, as mortgagee. Page 484. July I3, 1971 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ju1y,13s 1971= - _ _ _ _ _ _ _ _ _ _ _ - _ _ _ 71W1428 AUTHORIZE CANCELLATION OF H&ARIN'Go JULIA SGHUL'TZ On motion of Supervisor McKillopyseconded by Supervisor Gilman and carriedy authorization was given to cancel the hearing for Julia Schultz, previously set for July. 27, 1971. 71-1429 POSTPONEMENT OF DISCUSSION RE SUPERVISORIF,L REDISTRICTING ~.. - ~.~ Dan Blackstock stated chat he will receive additional information for supex'visox'ial redistricting in a few weeks and will present this to the Board at that time. RECESSe 5015 p.m. to go into executive session to discuss liti~afion and appointments to the governing board of the Oroville Area Sewer Project RECONI1ENEo 5<55 p.m. following an executive session. RECESS< The Board recessed at 5:59 p.m, to return to executive session to further discuss appointments. RECONVENE; The Board reconvened at 6e15 p.m, following an executive session. 7114.30 APPROVE APPOTNTMEN'L'S TO GOVERNING BOARD OF OR09ILLE AREA SEWER PROJECT Chairman Reynolds read the critex•ia for the selection of the members of the governing .boa rd of the Oroville A•,rea Sewer Project (re jof.nt powers agreement betwee*_z City of Oroville, North Burbank and Thermalito Irrigation District). On motion of Supervisor McKillop$ seconded bySupervisor Madigan .and carried, the following persons were appointed to the governing board of the Oroville Area Sewer Projects subject to verifying vote x' registratiorao Harry Nixon from Oroville Robert Rabe from Palermo Charles Campbell from Forbestown The appointment of one additional person will be made at the July 20, 1971 meeting. 71-1431 POS'TPONEME;NT OF AGENDA II.'EMS The following ikems which were slated for today's meeting were postponed due to the absence of Supervisor Maxono 1. Appointment of advisory committee for development of recreation around Lake Oroville. 2. Naminations for people to help Mr. Castleberry on selection of a transfer station in Paradise. AD,70'iTRNhFENT s There being nothing further before the Board at this time, the meeting was adjourned at 6017 p.m. to reco~ivene on Tuesday, July 20, 1971 at 9000 a.m. ATTESTo CLARK A. NELSON, COUNTY CLERK 0 BY=_ G man .of the Bo d Board of Sup rvisors` Clerk. Page 485. July. 13, 1971.