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HomeMy WebLinkAboutM072572July 25, 1972 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a,me pursuant to adjournment. Present: Supervisors Douthit, Ladd, Madigan, Maxon and Chairman Gilman. Clifton Nickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors' Clerk. INVOCATION - Rev. Norman Callaway, First Methodist Church, Orovilleo Pledge of allegiance to the Flag of the United States of America 72-1232APPROVAL OF MINUTES bn motion of Supervisor Ladd, seconded by Supervisor Douthit and unanimously carried, the minutes of July 17, 1972 were approved as mailed. On motion of Supervisor Madigan, seconded by Supervisor Maxon and unanimously carried, the minutes of July 18, 1972 were approved as mailed. 72-1233~OMMUNICATION5 Mr. George Mo Griffiths, Paradise. Mra Griffiths writes regarding the appeal of d ~ Gary Carver concerning use permit to allow dog grooming and dog kenneh at )~ 3' Forest Service Road in Paradise, (See public hearing at 1:30 p.m.) Will be read at 1:30 p,m. Paul Margetan, Whittiero Mra Margetan, who owns property in Paradise, writes in / 3 d J opposition to the request for a zone change from the present scenic highway zoning along Clark and Pentz Roads in Paradise, Information only at this time, Mr. and Mrs. Robert Bruce, Santa Marian Mr, and Mrso Bruce write regarding the assessment on their ranch properties in Butte Countyo (copy enclosed with agenda.) Refer to the Assessor with the request that he answer it; and with the request that a copy of the letter be given to the Boardo Charles W. Grassl, Palermoe Mr, Grassl, who is the parade chairman for the Palermo Volunteer Fire Department's annual Field Day Parade to be held on Saturday, ~ Q „~ ~ September 9, 1972, He requests that a parade permit between the hours of 10 a,m, and 1 p,m, be granted, He states the route to be used will be the same as for the previous two years, starting on Railroad Avenue, proceeding down Palermo Road and up Irwin Avenue, Referred to the Sheriffs County Superintendent of Schoolso Mro Evans forwards three certifications of funds to be required to be raised on the 1972/73 tax rolls: (1) Certification of Q ~, v ~ funds required for education of mentally retarded minors, (2) Certification O ~ ~ (~ of funds required for education of severely mentally retarded minors. (3) Certification of funds required for education of physically handicapped minors. Refer to the Auditor, City of Chicoo The Gity requests the jurisdiction for checking plans, issuing building permits and conducting of elections on property on Brookwood Way (~ Z Z . ~ v AP 45-580-09 as the owner has signed the petition for annexation to the Gityo (See Public Works item,) Clay Castleberry will speak on this later in the meeting. City of Oroville, Mr, Gonce, city administrator, writes regarding joint meeting p J held by City and County officials Monday,, July 10 pertaining to sewer service pj S`~' charges and airport taxes, (Copy enclosed with agenda,) Information only, No action taken at this time, County of Siskiyou, The County forwards copy of their Board Chairman's letter to / 9 Mr. Livermore, secretary of the Resources Agency, regarding open space (~(~.3 ` regulations, (Copy enclosed with agendas) Discussed; no action taken at this times Paradise Recreation and Park District. The District forwards its Resolution No. 72-2-01 setting the date for the general district election at the first Monday in November in each even-numbered year which will consolidate it with the general election, (Refer to Elections Code,) Refer to County Counsel, Page 219, July 25, 1972 July 25, 1972 County Supervisors Association of California. The Association writes regarding the proposed SDSW contract for welfare administration, This contract is / GfD ~ presently being reviewed by the Welfare Director and County Counsel. (Copies enclosed with agenda,) Discussed; no action taken at this time. Region C, California Council on Criminal Justice, Mr, Casagrande, planning director, writes regarding the vacancy on Region C Criminal Justice Planning Board, O p and asks for early consideration of an appointment to their Board. ~"' bee motion following communications, California Regional Water Quality Control Board, James A, Robertson, executive officer, writes in reply to an informal request received by the Board from Mr. Dan Cook for a continuance of the proposed grant for the Paradise area in the amount of $700,000 from Fiscal 72-73 to 73-74, He states that such a request can only be received from the grant recipient or its designated representative which until the district is formed would be the Board of Supervisors, He also outlines funding difficulties because of the project originally being scheduled in 1971-72 then pushed. to 1972-73 and with final push-back to 1973-74, it would be at the bottom of that fiscal year's lists He further states that the October 1 deadline for the engineering report has been estab- lished and cannot be waived by their board, (Copy enclosed with agenda,) To be discussed at the 1:30~meeting. State Department of Social Welfare, The Department forwards copy of communication O ~ to Mro Robinson re intercounty dispute between Butte and Tehama Counties ~-p~ concerning responsibeility on a certain support cased Information only. State Department of Water Resources. The Department sends copy of Sacramento Valley Water Development Preliminary Planning Report and solicits comments from the county be submitted prior to August 1, 19720 Refer to George Stamm. Public Utilities Commissiono The Commission sends notice of hearing of oral arguments ~ ~ in application €or increase in certain intrastate rates by Pacific Telephone ~ 0 6 ' and Telegraph Companyo Information only. Senator Fred W, Marler, Jr, Senator Mar].er forwards copy of letter to him from Robert B, Carlson, director of Social Welfare, regarding Butte County's ~ Q ,~ ~ Resolution No, 50 concerning placement of 16 and 17 year olds in faoilitie$ licensed for adults, Information only, Paul Ro Minasian, Oroville, Mr. Minasian submits resignation from Lake Oroville ~ p Q,~ ) Recreation Committee. Wi11 be put back on next weeks agenda. Reso,.r-ces Agency of California. They write regarding Open Space Land Act, ~Q 3 9 The Open Space Gonmiittee will be given copies of this letter. To be placed back on the agenda for discussion next week." Dan Cook, Engineer. Monthly report to the Greater Oroville Regional Sewerage Commission, Mr. Mickelson was requested to study the report and summarize it for the Board members. Katherine Best. She writes regarding the deeding of land to the County by Mr, Kerby in order to obtain his use permit for a trailer park. To be discussed later in the meeting. Dave Vasco, County Assessor. Informing the Board that he will be absent from the / ~~ O d County, State and the United States in excess of 30 days, See motion following communications. California Heritage Council. Supervisor Ladd stated he had a communication from them.' This regards the Bidwell Bar Suspension Bridge, They request that the Mother Orange Tree and the Toll House be included in the resolution with the Bidwell Bar Suspension Bridge and they request that the park be known as Bidwell Bar State Historical Park. Proposed resolution discussed. The resolution will be held until the Board has concurrence from the Recreation Committee. No action taken at this time on this resolution. Page 220, July 25, 1972 ~. a July 25, 1972 _ _ _ _ _ _ ... _ _ _ _ _ _ _ W _ _ _ _ ~ .~ _ ~ - W _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 72_1234 SUPERVISOR LADD APPOINTED TO FILL VACANCY ON REGION C CRIMINAL JUSTICE PLANNING BOAR On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, Supervisor Ladd was appointed to fill the vacancy on Region C Criminal Justice Planning Board, 72_1235 APPROVE REQUEST FOR COUNTY A55ESSOR TO LEAVE THE STATE OF CALIFORN71~ & THE UNITED STATES FOR A PERIOA EXCEEDING 30 DAYS On motion of Supervisor Maxon, seconded by Supervisor Douthit and unanimously carzied, the request of Dave Ao Vasco, County Assessor, for permission to Ieave the State of California and the United States for a period exceeding 30 days, commencing on the 27th day of August, 1972, was approved, pursuant to Government Code Section 1063. 72_1236 DECLARE COUNTY PARCEL AT NE CORNER OF EAST & KENNEDY AVENUES SURPLUS PROPERTY Fublic Works recommends that the small, unbuildable parcel at the northeast corner of East and Kennedy Avenues be declared surplus and sold subject to the following: (a) That it be restricted for public utility easements which now occupy portions of the parcel; and that (b} a minimum price of $404 be established, Action discussedo On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, county unbuildable parcel at the northeast corner of East and Kennedy Avenues was declared surplus property and authorization was granted to make the property available for sale, pursuant to the proper Government Code Section, at a minimum price of $4040 72-1237 CCO ~'~1 EAST 5th AVENUE BRIDGE - FEDERAL AID PROJECT T-3014(2 AUTHORIZED On motion of Supervisor Maxon, seconded by Supervisor Ladd and unanimously carried, Change Order Noe 1, East 5th Avenue Bridge, Federal Aid Project T-3014(2) was approved at no cost adjustment which provides for substituting steel H-pile in lieu of the concrete piles shown on the plans at Abutment 6 and the Chairman was authorized to signo 72-1238 RIGHT OF WAY ACQUISITIONS, AGREEMENT FOR SALE & ACCEPTANCE OF DEEDS On motion of Su ervisor Maxon second p , ed by Supervisor Madigan and unanimously carried, the following action was taken: 1, Approved agreement for sale, authorized Chairman authorized to sign and Auditor authorized to issue warrant upon demand of County's escrow agent on following: Skyway FAS 757(4) La Wo Fuller Oo048 $1,880 Impro -0- Tota1 $1,880 20 Accepted deeds and authorized Chairman to sign certificates of acceptance on the following: Eaton Road (use permit) Pearson & Clark signals Skyway FAS 757(4) Skyway FAS 757(4) Manzanita Ave, Exta Bi11e Road (parcel map) Dean Road (parcel map) Edgewood Zane (parcel map) Anita Road (parcel map) AP 44-030-82 Fcla 1 55 59 3 51-171-54 5a-12-71 54-171-47 & 48 47-13-18 Donald LD Ferrand North Valley Oil Co, Rose Jo Bailey R, Po Salisbury Depto Vets Affairs & R, Wo Wakefield L, Wo Hather Ora Ho Kale Ho 0, Blackwelder Ruth Hennigan (Ex,) for estate of Robert Hennigan 72- 1239 ADiJPT ABSOLUTION 72-124 FOR SUMMARY ABANDONMENT FORA PORTION OF PENTZ-CHEROKEE ROAD On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, Resolution 72-124 for summary abandonment for a portion of Pentz- Cherokee Road was adopted and the Chairman was authorized to sign. Page 221. July 25, 1972 July 25, 1972 72- 1240 PUBLIC WORKS ITEMS APPROVED On motion of Supervisor Madigan, seconded by Supervisor Maxon and unanimously carried, the following action was taken: to Authorized the Chairman to sign quitclaim deed to Department of Veterans Affairs for Parcel 5-5-4 as a condition of right-of-way acquisition for the Manzanita Avenue Ext, 56212-70-1. 2, Approved final map of Whispering Pines Subdivision ~~3 (18 lots Elliott Road Extension, Paradise, accepted offers of dedication and authorized the Chairman to sign grant deeds, 3, Granted the City of Chico authorization to do building inspection work and collect fees on AP 45-580-09, Brookwopd Way, for this property that is in the process of being annexed to the City of Chico. 72-1241 APPROVE CHANGE ORDER NOo 3 PARADISE PINES AD 12 13 & 14 On motion of Supervisor Maxon, seconded by Supervisor Ladd and unanimously carried, Change Order Noo 3, Paradise Pines 9ssessment District 12, 13 and 14, in the increasing amount not to exceed $20,000 for extra fill material, haul and placement to complete the Nimshew Road intersection, was approved, Chairman was authorized to sign, and authorized the transfer of $20,000 of duplicate inspection fees paid to the Buildings and Subdivisions funds to this project. 72_ 1242 REFER MATTER OF PROPOSAL OF ALTERNATES FOR HIGHWAY 32 TO CHICO AREA PLANNING ADVISORY COMMITTEE Clay Castleberry, Director of Public Works, set out the matter of the proposal by the State of California on the alternatives for Highway 32. He said it would be in order for the Board,to take some action in the forming of a committee to discuss the three alternates proposed, He said he would meet with the committee and review the maps, Chairman Gilman said he has a committee that would be able to take care of this matter, the Chico Area Planning Advisory Committee, There are two members of this committee from the area in question, On motion of Supervisor Gilman, seconded by Superviso~Maxon and unanimously carried, the proposal of the alternates for Highway 32 was referred to the Chico Area Planning Advisory Committee for study and recommendation, 72- 1243 REQUEST FOR INCREASE IN PATROL OF LIME SADDLE AREA MARINA Mro Castleberry reported that the concessionaire at Lime Saddle Marina has had a boat stolen and stripped. He has requested that the Board request that the Sheriff patrol this area occasionallyo Matter discussed, Chairman Gilman said he would like to have the Sheriff appear before the Board and report on this matter, 1do action taken at this time; Mro Nickelson will have the Sheriff report to the Board. 72- 1244 DISCUSSION: PAVING OF END OF WEST FEATHER RIVER ESTATES, DE MILLE ROAD Supervisor Douthit said he had a problem he would like to explain while Mro Castleberry was present. He drew a rough sketch of the property belonging to David Becker in the West Feather River Estates, Paradise. Mr. Becker purchased a home on DeMille Roado The asphalt pavement ends before it reaches this home. The road is graveled, but not pavedo Supervisor Douthit requested that Public Works pave the rest of this road. Supervisor Ladd said he felt that this is a County road and the County had accepted the road in the present condition, He said there are a number of roads that are unpaved in the county and many of them serve more than one person, Mr< Castleberry said he would recommend that the Board not take any action on this request, but that when the County road crews axe doing a similar type job in that area, they can handle this problem, Matter discussed; no action takene Page 222, July 25, 1972 July 25, 1972 72-1245 ADOPT RESOLUTION 72-125 APPROVING AGREEMENT WITH CHICO COMMUNITY HOSPITAL for MENTAL HEALTH SERVICES Dr, Maguire, Mental Health Director, appeared to answer questions regarding the agreement with the Chico Community Memorial Hospitalo The agreement has been approved by County Counsel and the Auditor, however, as the agreement provides for the signature of the Butte County Mental Health Services rather than the Chairman of the Board, the Board should delegate authority to Dr, Maguire to execute the agreement on its behalfo Dr, Maguir e said he recommends that the agreement be entered intoo He said he had spent several hours with Mro Apote of Chico Memorial Hospital firming up the procedures. Discussed the matter of beds for these patients; there is no provision in the contract for beds, Time spent discussing the agreement. Supervisor Maxon set out the problem of possible claim cuts; he asked if it were true that there had possibly been double billings for these patients, Discussed; no action taken. On motion of Supervisor Madigan, seconded by Supervisor Ladd and carried, Resolution 72-125 authorizing the execution of the agreement with Chico Community Memorial Hospital for mental health services was adopted and the Chairman was authorized to signo AYES: Supervisors Ladd, Madigan and Chairman Gilman NOES: Supervisors Douthit and Maxon Supervisor Maxon questioned Dro Maguire concerning Paragraph 4, which stated that when we have admitted a patient for psychiatric illness and in the event that medical care is given to them, would the County be responsible for this medical treatment, Dr. Maguire said this paragraph merely spells out the matter, Discussed when the agreement should commenced It was agreed that the agreement should start on September 1, 1972. RECESS: 10:05 RECONVENED: 10:20 72_1246 REPORT BY COUNTY TREASURER D, C, Swinney, County Treasurer and Tax Collector, reported on the following: (a) Treasurer's views on separate tax rate for the Superintendent of Schools; (b) The copy of the tax bill previously distributed to the Board members; and (c) Quarterly report on satisfaction of mortgages. Mr, Swinney stated he had called the State concerning the Supt. of Schools being deleted from the County tax bill. The State told him that this could be taken off the tax bi11o Data Processing has been requested to delete this item from the tax bills. Mr, Swinney presented the mock tax bill for the Board's informations He explained the quarterly report on satisfaction of mortgages, Reports discussed; no action taken, 72- 1247 METAL STOOL DECLARED SURPLUS PROPERTY On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, a metal stool, Hospital Noa 1295, was declared surplus property and the Purchasing Agent was authorized to dispose of ito Page 223. July 25, 1972 :. July 25, 1972 72-1248 AUTHORIZE WAIVER OF FEE FOR COUNTY GENERAL PLAN FOR CERTAIN MEMBERS On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the Board authorized the waiver of fee for the County General Platt to members of the Area Planning Commission Advisory Board, 72-1249 AUTHO_RIZE_INCREASE IN AMOUNT OF MONEY FOR FURNITURE FOR SUPERIOR C~)RT On motion of Supervisor Madigan, seconded by Supervisor Ladd and unanimously carried, increase of the amount previously budgeted for the purchase of furniture for the Superior Court was authorized in the amaunt of $732,38, to include additional furniture for the Judges chamber at $437, a change in the chairs for the Grand Jury room at $46,50 and a recalculation of the estimated freight charges for the total order at $224,70, 72-1250 APPROVE FIRST AMENDMENT TO CONTRACT NOo 96, WITH STATE DEPARTMENT OF PUBLIC HEALTH FOR FARM WORKERS HEALTH SERVICES On motion of Supervisor Ladd, seconded by Supervisor Douthit and carried, the first amendment to Contract No, 96 with the State Department of Public Health for farm workers health services, in the amount of contract of $54,456, was approved and the Chairman was authorized to signs AYES: Supervisors Douthit, Ladd, Madigan and Chairman Gilman NOES: Supervisor Maxon 72-1251 APPROVE TRAVEL On motion of Supervisor Madigan, seconded by Supervisor Ladd and carried, the following travel requests were approved: to Regina Cepelak, Health Department, to attend a workshop on smoking programs in conjunction with the American Cancer Society and Enloe Memorial Hospital to be held in Oakland, July 26 through July 28, Two nights lodging, Estimated cost of trip $~30 (Lodging and transportation paid for by the American Cancer Society,) Travel by private cars 2, Derrell Kelch, Administrative Office, to attend the conference of West Coast COG Executives in Sunriver, Oregon on August 1, 1972, as requested by the Butte County Association of Governmentso Two nights lodging, Estimated cost of trip $93o Travel by county care AYES: Supervisors Ladd, Madigan, Maxon, and Chairman Gilman NOES: Supervisor Douthit, Supervisor Douthit said he would like to see the County cut down on some of the travel expensed Matter discussed; no action takeno 72-3252 DESIGNATE SEPTEMBER 13 1972 AS BUTTE COUNTY DAY AT STATE FAIR Clif Nickelson, Administrative Officer, stated he had a communication from Bob Nicholson, Development Commission Director, about Butte County Day at the State Fair, He suggested that September 13, 1972 be designated as Butte County Day at the Fairs Matter discussedo On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, September 13, 1972 was designated as Butte County Day at the California State Fairs 72-1253 REPORT REQUESTED BY BOARD ON LETTER FROM ROBERT MILLINGTON RE MULTIPLE LOT SPLITS: PUT OVER TWO WEEILS At the request of Dan Blackstock, County Counsel, the reports. requested by the Board on the letter from Robert Millington concerning multiple lot splits was put off for two weekso 72-1254 SETTLE ACQUISITION OF PROPERTY FOR KERBY USE PERMIT Dan Blackstock, County Counsel, reported that he had had another confQlt'ence with the attorney representing Mr, Kerby, Mr, Kerby did pay $3,000 per acre for this property, He said that in order to settle this matter, he would need Page 2240 July 25, 1972 July 25, 1972 direction from the Board. A letter from Mrs, Katherine Best concerning matter read at this time, Time spent discussing action to be taken at this time, The County is requesting that Mr, Kerby give the County the land for realigning of the road, This is based on the fact that the use would increase the traffic in that area. 7X[r, Blackstock said that at the present time, the compromise was ¢3,000 for the property needed by the County to realign the road, The owner feels that this would be a legitimate loss to his operation. Mr. Castleberry explained the request for the donation of the land for the right of way, The policy of this Board has been to ask for the donation of the property when the use permits are granted, It was sta ted that Mr. Kerby was aware of the road realignment plans prior to purchasing this land, Mr. Castleberry recommended that the Board be consistent; he would suggest that the County not pay him any more than the property owner has been paying taxes on for the property. It was moved by Supervisor Maxon and seconded by Supervisor Douthit that the County settle this acquisition of property from Mr. Kerby in the amount of $3,000 for the property necessary for the realignment of Pentz- Magalia Road. Motion amended to state authorize to negotiate for the right of way. AYES: Supervisors DouthiC and Maxon NOES: Supervisors Ladd, Madigan and Chairman Gilman MOTION FAILED It was moved by Supervisor Madigan, seconded by Supervisor Gilman and unanimously carried, that the County continue the policy of dedication of property by property owners as it has been in the past. 72..1255 APPEARANCE OF BERNARD RICHTER, CHAIRMAN OF BUTTE COUNTY DEVELOPMENT COMMISSIOn EXPANSION OF NEW YARD OF THE WESTERN PACIFIC RAILROAD Mr. Bernard Richter, chairman o£ the Butte County Development Commission, along with representatives of the Western Pacific Railroad Company, appeared to advise the Board of the expansion of the new yard of the Western Pacific Railroad, Mr, Don McCloud, General Manager of Western Pacific Railroad, and John Miller, Assistant Chief Engineer of the Western Pacific Railroad, also present. Mr, Richter read a letter submitted by Western Pacific Railroad Companya Western Pacific is considering expansion of its yards; it would mean the closing of the Marysville~Baggett crossing, They stated that this was not a threat or anything, but the design of this expansion is that they would have to . close this road; this is a dangerous crossing at this time, If the Board can approve this closing; the chances of getting this expansion would be good, This would mean getting more people to work in this County; the payroll would help the economy in the County. Mr. Richter stated that the master plan is that they are thinking of moving the diesel shops and maintenance division here from Stockton, Mr. Richter summarized the situation; he feels that this crossing could be closed and then the county could work to get a underpass, He said that Oroville needs the labor market that this would help. Mr, Castleberry explained how this could be worked; he feels that the County should cooperate in this matter, Mr, McCloud set out the first phase of the expansion. Mr. Castleberry suggested that the Board concur with the general principle of closing the crossing. Time spent discussing the closing of the crossing and the expansion of the Western Pacific Railroad yard. On motion of Supervisor, seconded by Supervisor Maxon and unanimously Page 225, July 25, 1972 July 25, 1972 carried, the Board concurred with the principle of the closure of the crossing; they stated that it was their intent to work towards the solution of a crossing and that it would be hoped that Mr, McCloud would initiate this with the Public Utilities Commission and that the County would work with the railroad to get funding for this crossing, 72_ 1256 APPEARANCE OF MR. JAMES HANSEN OROVILLE Mra James Hansen, Oroville, representing the Oroville Chapter of the National Association to Keep and Bear Arms, stated that their mission is to protect the rights of the citizen to keep and bear arms without any infrie-gement on this right whatsoever, He said he would like to see each Board member put their opinion in writing concerning the second amendment to the United States Constitution. He would like the Board to file their letters with his association, Mr, Hansen said that during the railroad yard expansion discussion, the matter of more workers being hired in the county was brought up. Would this mean the workers would be hired locally. Supervisor Douthit said it was his understanding that the workers would be from the Oroville area, Discussed; no action taken, 72- 1257 PUBLIC HEARING SET: PROPOSED ORDINANCE CONSOLIDATING "C-2" (GENERAL COMMERCIAL) TO INCLUDE AREA IN VICINITY OF SKYWAY A public hearing was set for August 15, 1972 at 1:30 on the Butte County Planning Commission initiated proposed ordinance amending County Ordinance 996, consolidating "C-2" (general commercial) to include the area in the vicinity of Skyway, being bounded on the north by a line 500 fto north of Wagstaff Road; on the south by the intersection of Neal Road; on the west by a line 350 feet west of the centerline of Skyway; and on the east by the Southern Pacific right-of-way; and all that property within three hundred fifty (350) ft. of the centerline of Pearson Road, from the Southern Pacific Railroad right-of-way to Clark Road, Excepting therefrom those areas previously zoned by Ordinance 925, "R-1", 927, "R-3", 995, "C-1", and 1196, "C-2", 72-1258 APPROVE TENTATIVE PARCEL MAPS On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, the following tentative parcel maps were approved; with the finding that it is consistent with the general plan: 1a CoNoAo Realty, AP 44-53-10 & 44-54-23, 4 lots, west of Cohasset Rd, between Hwyo 99E, and Pillsbury Rd,, Chico, Engineer: Walter Bo Grimes & Assoco 20 Richard Hood, AP 57-35-20, 4 lots, on Shott Rdo and Doe Mill Rd, near Forest Ranch, Engineer: Ringel & Assoc. 3o A, Gerald Bellschweiler, AP 5I-092-37, 2 Iots, approx, 225 fto north of Bi11e Rd., Paradise. Surveyor: John Wo Hamby. 4. Fred Ao Bauer, AP 54-25-17, 4 lots 200 ft, north of Drendel Circle, Paradise, Surveyor: Gary Lippincott. 72-1259 APPROVE TENTATIVE SUBDIVISION MAP On motion of Supervisor Maxon, seconded by Supervisor Ladd and unanimously carried, the following subdivision map was approved as recommended by the Subdivision Committee, subject to the various conditions and requirements set out in their report: 1, Indian Meadows, Unit No. 4 Subdivision, 41 lots, on Indian Drive, Magalia. Owner: Butte Investment, Engineer: McCain Assoc, 72- 1260 DENY TENTATIVE PARCEL MAP Jim Lawson, Planning Director, explained the recommendation of denial of Page 2260 July 25, 1972 ~. July 25, 1972 the Herb Olson tentative parcel map, 3 lots, east of Oro-Quincy Hwy., north. of Bidwell Suspension Bridge, Oroville, He said that the necessary perculation tests were not provided. Public Works recommend denial because the access does not meet their requirementso Supervisor Douthit said he had talked with a representative of Kendall Engineering and he said they were going to sell the property in one parcel. Matter discussed, On motion of Supervisor Madigan, seconded by Supervisor Ladd and' unanimously carried, the tentative parcel map of Herb Olson, AP 37-08-146, 3 lots, east of Oro-Quincy Hwy., north of Bidwell Suspension Bridge, Orovill~ was denied, as recommended by the Subdivision Committee. RECESS: The Board recessed at 11:35 for an executive session RECONVENED: fihe Board reconvened at 12:10 following an executive session RECESS: The Board recessed at 12:10 for lunch RECONVENED: The Board reconvened at 1;30, 72- 1261 PUBLIC HEARING: EVELYN HAGERTY, ET AL-PROPOSED REZONING FROM "R-4" (MAXIMUM DENSITY DWELLINGS RESTRICTED SERVICE) RESIDENTIAL DISTRICT AND "S-1" (MINIMUM DENSITY SUBURBAN RESIDENTIAL) TO "C-C" (COMMUNITY COMP~RCIAL) FOR PROPERTY LOCATED ON THE NORTH SIDE OF EAST AVENUE 200 FT. EAST OF COHASSET ROAR _ The public hearing on the Evelyn Hagerty, et al proposed rezoning from "R-4" (maximum density dwellings restricted service) residential district and "S-1° (minimum density suburban residential) to "C-C" (community commercial) for property located on the north side of East Avenue 200 fto east of Cohasset Road was held as advertised, Jim Lawson, Planning Director, summarized the action of the Planning Commission. The Planning Commission recommen+~ 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. 72-1262 ADOPT ORDINANCE N0, 1283 ZONING A PORTION OF THE COUNTY, A "C-C" (COMMUNITY COMMERCIAL) DISTRICT, AND ESTABLISHING REGULATIONS FOR THE USE OF LAND A AND THE CONSTRUCTION OF BUILDINGS On motion of Supervisor Madigan, seconded by Supervisor Douthit and unanimously carried, Ordinance No, 1283 zoning a portion of the County of Butte State of California, a "C-C" (community commercial) district, and establishing regulations for the use of land and the construction of buildings was adopted and the Chairman was authorized to sign. 72- 1263 PUBLIC HEARING: FORMATION OF COUNTY SERVICE AREA N0, 45 FOR SANITARY SEWERS IN THE PARADISE AREA The public hearing for the formation of County Service Area No. 45, for sanitary sewers in the Paradise area, was held as advertised. Mr, Dan Cook, project engineer, presented maps and stated that five parcels had been excluded from the service area. He gave-the Board figures as to the cost of the pxoject and where the money would come from. Hearing opened to the public, Appearing in favor: 1, Ed Falkenstein, Paradise. Mr. Falkenstein stated that he had worked with the Sanitation Committee. He gave a report on the work of George Hersey and of the 180 signatures he had compiled of businessmen who are in favor of this sewer system, Most of the signers are property owners, Mr. Falkenstein stated that if the issue did come to a vote that many of the property owners would not be able to vote because they do not live in the Page 227, July 25, 1972. July 25, 1972 district. The people whose names appear on the list are willing to pay for the system and many of them are willing to pay money of good sized quantities, He also stated that the high school has suffered from not having a sewer system. Supervisor Maxon stated that many of the people are upset because of the cost of the system. He wants the true cost of the system to be known to the public. Mr. Falkenstein said that the people who signed the petition are registered voters but some do not live in the County Service Area No. 43. He said there were approximately 20 incorrect signatures, 2, Eugene Even, Supt. of Paradise Unified School District. Mr. Even stated that the sewage from the high school is contaminating various streams, The only place for leach lines is down on the football field. He is in support of the formation of this system. 3o Howard Walter. He said he was interested in the good of the retired people. He said he did not feel that it would be right to have an election when the people definitely want the sewer system. He also feels that the Board should be able to approve this formation. 4. John L. Bisher, He stated that he takes an interest in the affairs in Paradise. He said that the problem in Paradise is that the lots are too small for the buildings, resulting in a drainage problun. Many of these lots are too small for the businesses to expand because of the drainage problem. He cannot do anything with his own property until a sewer system is put in, He feels that the people are willing to pay for a bond issue and hopes that the Board will not delay in taking action. 5, Harvey Coons, Chairman of the Retirement Home Program. Mr. Coons stated that he is unable to build because of the water perculation test, Every time the test was given they were turned down. He is very anxious to start the building and would like for the Board to consider the matter carefully. 6, Frank Hall. Mr, Hall presented a list of people who have given money for the sewer system, He simply stated that they do want this system. 7. Ray Richter, businessman. Mr. Richter feels that they should have the sewer, and feels that there is enough evidence showing that they do need a sewer. Mr, Richter owns a liquor store and would like to see some of the tax money he pays come back to the area, namely, for the sewer system. 8. Kenneth 7,a rum. Mr. Larnum owns land in the downtown area, He has been unable to sell the land because of the high taxes. He rents buildings that are in bad shape. He would like to establish housing for the elderly people because everything is in walking distance. He is in favor of the sewer systemo 9. Tom Ryan, attorney, Mr, Ryan feels that the people will have to pay in other ways if the service area is not approved, He stated that they will have to purchase two extra acres for a leach line for the shopping center that they are building. Appearing in opposition: I. Doyle Steed, Mr, Steed feels that there are few people who really want the sewer, and feels that it is not right to push it on those who are really opposed to it. He feels that dust the people who are in favor are the only ones who have been contacted, He presented a petition with 24 signatures Page 22$, 3uly 25, 1972 - July 25, 1972 of those who would like to see the issue go to a vote of the people,. He also feels that many people could correct their own problems without going to the expense of installing a sewer systemo Mro Steed presented figures on the cost and maintenance of the sewer systemo Dan Pellicotti asked who would pay for the costs of the electiono Dan Blackstock, County Counsel, stated that it would be a county cost, 2, Bill Tompkinse He said he was against the sewer system until a study is taken in the whole area, He feels that it is not right for just the commercial section to secure the advantage of the district, Hearing closed to the public and confined to the Board, Supervisor Maxon stated that he has received many phone calls pro and con, Many of the people who are for it still want the right to vote, Supervisor Maxon feels that these people should be given this right, Chairman Gilman stated that to his knowledge there has never been a bond issue without a vote by the people, Supervisor Maxon stated that the only possibility of an election is if the people furnish a referendum. Clay Castleberry stated that they would have to go through the legal procedure for establishing the bond issue, He said that an extension of next years fundir., would be considered by the State Water Quality Control Board, Supervisor Douthit stated that the money will come from the taxpayers and they are not getting something for nothing, He feels that the people should be able to vote for or against this district, 72_ 1264 ADOPT RESOLUTION N0. 72-126 ESTABLISHING COUNTY SERVICE AREA TO BE ENTITLED "COUNTY SERVICE AREA N0. 45" On motion of Supervisor Maxon, seconded by Supervisor Douthit and unanimously carried, Resolution Noo 72-126, establishing County Service Area to be entitled "County Service Area No, 45" was adopted and the Chairman was authorized to signo 72- 12b5 PUBLIC HEARING: APPEAL OF J. CARVER, USE PERMIT TO ALLOW A DOG GROOMING AND AOG KENNEL AT FOREST SERVICE ROAD The continuation of the public hearing on the appeal of Jo Carver, fox a use permit to allow a dog grooming and dog kennel at Forest Service Road was held at this time, Mro Lawson stated he felt that many people are still opposed to such a businesso He said that even though Mro Carver has decided to eliminate the dog kennel, any business of this type is strongly opposed in the area, Supervisor Maxon felt that there will be problems in the neighborhood if this use permit is granted. The hearing was confined to the Board since there is no new evidence, Supervisor Maxon felt that it would be all right to hear from two people on the matter. Appearing in favor: J. Carver. He stated that there are several businesses in the area, He has dropped the kennel and his business would be for dog grooming only, Appearing in opposition: Grace Bledsoe, She said that all the people Page 2290 July 25, 1972 July 25, 1972 in the area are against the dog grooming business, Time spent discussing the used On motion of Supervisor Maxon, seconded by Supervisor Douthit, and unanimously carried, the Board concurred with the recommendation of the Planning Commission and denied the use permit in its entirety, as requested by J, Carvero An unknown lady spoke in opposition to the Board's decision, Shy ' stated that she did not feel the Board's action was fair, RECESS: 3:10 RECONVENED: 3:25 72- 1266 PUBLIC HEARING: DONALD Wo MARJAMA, APPEAL OF PLANNING COMMISSION'S APPROVAL OF ALMAR SUBDIVISION UNIT' NO, 1, TENTATIVE MAP CONDITIONS The continuation of the public hearing on the Donald Wo Marjama appeal of Planning Commission's approval of A1mar Subdivision Unit No, 1, tentative map conditions, was held at this timed Clay Castleberry stated that the Planning Commission recormnended that they work out a temporary solution to their drainage problemo He suggested that the property owners work together to come up with a solution that wouldn~t be too costlyo On motion of Supervisor Macron, seconded by Supervisor Douthit, and unanimously carried, the Almar Subdivision Unit Nao 1 was approved, with the elimination o£ tie requirement for sidewalks, 72- 1267 BUDGET TRANSFERS APPROVED On motion o£ Supervisor Maxon, seconded by SupervisorMadigan and unanimously carried, the following budget transfers were approved: B-201 - $20,800,00 Repays County Investment in Lime Saddle Marina Transfer from Auditor~Controller Dept. B-202 -Public Works transfers $25,895003 and covers end-of-year deficits in various Public Works departments by transfer of $24,571o07_from internal accounts, $1,026,21 from Purchasing Department budget and $297.75 from General Fund Reserve for Contingencies. B-203 -Public Works - $9,215.34, covers various Road Fund Construction project over-runs by transfer o£ other project surpluses, B-204 -Public Works - $10,790054 to cover various Special Road Fund construction project over-runs by transfer of other project surpluses, 72_ 1268 APPROVE APPOINTMENT OF DAN BLACKSTOCK TO THE NEW ERA BOARD OF DIRECTORS TO REPLACE ART ELMORE Discussed the appointment of Dan Blackstock, County Counsel, to the New Era Board of Directors to replace Art Elmoreo Mro Blackstock stated that he did not feel he should be appointed to this position, Appointment discussed, On motion of Supervisor Maxon, seconded by Supervisor Douthit and unanimously carried, Dan Blackstock was appointed as temporary Director to replace Art Elmore, due to Mro Elmore's termination with the County, on the New Era Board of Directors, 72- 1269 REPORT FROM SUPERVISOR LADD ON THE FORMATION OF PALERMO NEIGHBORHOOD CENTER BUILDING ADVISORY COMMITTEE Supervisor Ladd stated that the people of Palermo would like to use the old fire station as a neighborhood centero It was agreed that the Page 230, July 25, 1972 ,~ July 25, 1972 building would be made available for community activity on a calendar basis, Supervisor Maxon asked about the insurance cost and maintenance of the buildingo Cliff Mickelson, Administrative Officer, stated that the maintenance would be very minimal, The community should be able to handle the maintenance of the buildingo Supervisor Maxon felt that if there are any problems, there should be a mutual agreement and something to refer to, Supervisor Ladd felt that it will create more gaodwill in the community by letting the people take care of the building and he felt that the people will furn"~ the work, 72- 1270 ADOPT RESOLUTION N0, 72-127 DESIGNATING OLD PALERMO FIRE HOUSE AS A NEIGHBORHOOD COMMUNITY CENTER On motion of Supervisor Ladd, seconded by Supervisor Maxon and unanimously carried, Resolution. 72-127 designating old Palermo fire house as a Neighborhood Community Center was adopted and the Chairman was authorized to sign, 72_ 1271 ADOPT RESOLUTION 72-128 OUTLINING THE POLICY OF THE COUNTY OF BUTTE REGARDING ENCROACHMENT OF THE STATE LEGISLATURE INTO HOME RULE MATTERS On motion of Supervisor Maxon, seconded by Supervisor Douthit, and unanimously carried, Resolution 72-128 outlining the policy of the County of Butte regarding encroachment of the State Legislature into home rule matters was adopted and the Chairman was authorized to sign< 72- 1272 ADOPT RESOLUTION 72-129 REGARDING RIGHTS OF PEOPLE TO CARRY AND BEAR ARMS On motion of Supervisor Maxon, seconded by Supervisor Douthit, and unanimously carried, Resolution 72-129 regarding rights of people to carry and bear arms was adopted and the Chairman was authorized to sign said resolution when it has been prepared by County Counselo 'x`72- 1273 APPROVE APPOINTMENTS TO THE ADVISORY COMMITTEE OF PALERMO NEIGHBORHOOD COMMUNITY CENTER On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, the following appointments to the Palermo Neighborhood Community Center were approved: Senior Citizens Abner Peake Palermo Youth Group Keith Ray Orman Palermo Action Council Wesley Beaver Palermo Improvement Club Ray Brown Palermo Senior Youth Group George Engasser Palermo Pocahontas Group Linda McAnulty Palermo CWA Pearl McQueen 72-1274 APPROVE APPOINTMENTS TO THE COUNTY SERVICE AREA N0, 43, BOARD OF DIRECTORS On motion of Supervisor Ladd, seconded by Supervisor Maxon and carried, the following appointments to the County Service Area No, 43, Board of Directors were approved: Tom Hoover George E'irestine Phillip Nelson Melvin Engasser Harry Burns AYES: Supervisors Ladd, Madigan, Maxon and Chairman Gilman ABSTAINING: Supervisor Douthit 72_1275 AUTHORIZE A LETTER TO BE WRITTEN TO MR, HIGHTOWER CONCERNING COMPIAINTS CONCERNING .OPERATION OF THE MARINAS Supervisor Ladd reported that last Friday evening about 9 p m, .Page 2310 July 25, 1972 July 25, 1972 that a boat was sinking in the dock area at the marina, and the man in charge of the marina indicated no concern for the sinking boato The person in charge was preparing to go homee Supervisor Ladd felt that the Board should look into these complaints and address a complaint to the proper authorities. Supervisor Maxon stated that there have been many such Complaints made and that there were all k.nds of problems in this areao On motion of Supervisor Ladd, seconded. by Supervisor Maxon and unanimously carried, a letter was authorized to be sent to John Hightower, State Chief of Concessions of the Department of Parks and Recreations concerning the complaints of the treatment of the people by the operators of the marinas. RECESS: The Board recessed at 4:05 pomp to reconvene on Wednesday, July 26, 1972 at 7:00 pomp at the Chico Memorial Hail for the public hearing on Visteca .. .. :r~rx..., July 26, 1972 The Board of Supervisors of Butte County reconvened at 7:10 p,m. for the purpose of holding a public hearing and of possible revocation of a use permit of the Vistec Corporation, Present: Supervisors Douthit, Ladd, Madigan and Chairman Gilman; Dan Blackstock, County Counsel; Clay Castleberry, Director of Public Works; James Griffith, Deputy County Counsel; Pat Moilanen, Reporter; and Clark Ao Nelson, County Clerk, by Oriel Elkins, Board of Supervisors' Clerk Motion was made by Supervisor Madigan to excuse Supervisor Maxon and seconded by Supervisor Ladd and carried unanimously, A1son R. Ke_m~, Jr., of the law firm of Pillsbury, Madison & Sutro of San Francisco, appearing on behalf of Vistec Corporation, presented his case as to the purpose of this hearing, He stated that if the Board does not allow the corporation to proceed, he submits the Board has violated property rights, taking away the right of the people who planned to spend hundreds of thousands of dollars, He said Vistec went through. the proper planning agencies and the use permit was granted by this Board approximately a year agoo 7:20 p,m., SUPERVISOR MAXON NOW IN ATTENDANCE Mr, Kemp said the people have met every requirement and are asking if there is anything further they can do to justify remaining on the pexmito He said if the Board revokes the permit there would be existing chances of filing a claim against the County. He said $101,004 has been spent out-of-pocket, relying on the use permit for a year. Secondly, over $300,000 in bills are outstanding. If a claim were filed, the total claimed would be over $500,000. Vistec has done all they possibly could do on the basis of the use permit which runs out September 14th. "Putting the matter off would be the same as cancelling it," He said a Good Faith application was made to the Board; apparently, Good Faith approval was made; a Good Faith effort was made to comply; they have present ability and want to build the project. Yet, the Board wants to stop them, Page 232, July 26, 1972 July 26, 1972 Juanita Sherill Duel asked questions as to purpose of Vistec, they were answered by Supervisor Gilman. She is against the development planned by Vistec. John Stutz, Box 372, Chico, read from an article in the news- paper some time ago, indicating Vistec promised not only to be meeting conditions required by the Board but had taken on other conditions and then came to the use permit. Originally, they expected to be annexted to the City of Chico. He said, now, the Board is asking impossible conditions, according to Vistec. Eric Bathers, Mayor of the City of Chico, states the City Council has always said that Vistec is a fine development but in the wrong place as far as they are concerned. They are perfectly willing to annex the area to the City of Chico, providing it conforms to the zoning regulations provided by the City of Chico and their Council, Gene Ringel, registered engineer and member of the City Council of Chico is heard regarding the dispelling of natural resources. Supervisor Douthit asked Mayor Bathers about high density and agricultural areas and the mayor replied briefly. David W. Bailey is heard regarding people [.ono have made their living for sixty years or so from the trees on land adjoining. Taxes are being raised because of improvements on proposed project. Mr. Kemp said the Board has its power up until the property right has been bought up, has ability to change the use permit. Thelma Cummin s, Route 2, Box 226, spoke about the building of high-rise buildings for college students and that trees have since been planted and are growing nicely. Michael Perelman, Economic Professor, Chico State College, "If a man is encouraged to plant almond trees, he would, naturally, think it would be in a minimum density area." Agriculture areas come into the tax question, too. Sidney Thomas, Route 2, Box 288, is heard, Against putting up apartments all over the agricultural lands. Robert Britton, 1616 Bidwell Avenue is heard. He said Vistec said they were annexing to the City of Chico but they did not submit the application forms. He thinks the Board has a right to rescind the use permit, Ringel submitted that Vistec has spent thausands of dollars. Fran Wagstaff of Bidwell Avenue is in sympathy with the Board and not in favor of the use permit for Vistec. Chairman Gilman asked for anyone in favor of Vistec to be heard. No one spoke. He then asked of the audience a show of hands of those opposed. There was large applause and general indication that the majority in the audience are opposed to Vistec. Page 233, July 26, 1972 A general discussion followed in which Mr. Kemp denied there was any high density involved and mentioned that the use permit as prepared September 28th gives the Vistec people the right to build their project, Chairman Gilman is heard in rebuttal, the Board has considered the use permit and there are records to indicate a consideration as to c~ianging the terms of the use permit. Supervisor Ladd is heard, saying there is no doubt in the minds of the Board Members nor in the minds of the people as to the feelings of all concerned. Supervisor Maxon is heard with regard to ??oth the Board and Vistec acting in good faith. He cannot see how a government can grant a use permit one month and a few months later deny its use. In his estimation the Board is liable to the citizens of Butte County. Supervisor Madigan made three motions: I. To maintain the present position in this matter and take no action at this time. 2. To revoke the use permit 3. To table the matter and give Supervisor Ladd and Supervisor Douthit time to become better acquainted with the matter and take it up next Tuesday. The motion was seconded by Supervisor Ladd. Further discussion was held with the following participating: Chairman Gilman - Hates to delay Supervisor Ladd - Legal action is not his main concern tonight. S. E. Shapiro - commented on density, at the request of Chairman Gilman Michael Perelman - asking the decision be made in Chico Ruth Schaud - objecting to postponement of decision. Gene Ringel - answered Supervisor's question about high density Jim Lawson -explaining density, 1 to 4 or 5 to 8 John Stuts - saying original plan shows 5 to 8 persons per acre Sohn Wallen Millie Stutz - farming is not limited to Large acreages 8:45 p.m, RECESS 8:55 p.m. RECONVENED The Board was asked if there were any objections to meeting i.n Chico to make the decision, Supervisor Gilman amended his motion to: Table the matter and take it up at a special session in the Chico Veterans' Memorial Building on Wednesday evening, at 7:30 p,m,, August 2, 1972. The motion carried with the following vote: AYES: Supervisors Ladd, Maxon, Madigan, and Chairman Gilman NOES: Supervisor Douthit Chairman Gilman thanked the audience for their attendance and patience and good behavior. He appreciated their coming to such hearings time after time after time and hear him say, "Just one more time." More general discussion followed, It seemed the public desired to be heard, Participating this time were: Millie Stutz, Robert Britton, Chuck Harvey (concerned at4out the safety of his children), Michael Perelman, Chairman Gilman, Chairman Gilman then read a letter from the League of Women Voters of Butte County and a letter from David W, Lantis. Page 234. July 26, 1972 Supervisor Ladd asked how many would be interested and come out in support of a zoning, AR-20. Several participated in the general discussion that followed. After the discussion, a gentleman who failed to identify himself objected to putting the meeting or the decision off for another week. Upon being answered by Chairman Gilman rather firmly, he left the room. At 9:32 p.m., the public hearing closed and the Board proceeded with other matters. A motion made by Supervisor Douthit to have a letter sent to the contractor on the new Courts Building to hold the contractor harmless and allow the furniture to be installed without his being held liable for damages. The second was made by Supervisor Ladd. The motion carried unanimously, There was a discussion of a proposed project on the Sacramento River, The Board suggested there be a re-hearing and it has been set for Friday. Tt was the concurrance of the Board to send George Stamm as a representative of the Board. Since Supervisor Madigan has served on the Reclamation Board and is knowledgable on the situation, he explained the situation. Supervisor Madigan made the motion to send George Stamm and the motion was seconded by Supervisor Maxon, The motion carried by an unanimous vote. ADJOURNMENT• There being nothing further before the Board at this time, the meeting was adjourned at 11:40 p.m, to reconvene on Tuesday, August 1, 1972, in regular session. ATTEST: CLARK A. NE LS ON, County Clerk By. Board of pervisors" Clerk Page 235e July 26, 1972