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HomeMy WebLinkAboutM102671October 26, 1971 STA'"i', Ok CALII~~?&'?:.A ) SS, COUNTY OF BUTTE ) The Board of Supervisors met a'. 9:00 a.m. pursuan% to adjournmen~. Prasent: Supervisors Gilman, Madigan, Maxon, McKillop and Chairman Reynoldso Clif Mickelson, Administrative Officer; Daniel Blackstock, County Counsel; and Clark A, Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerko INVOCATTON: Wo Hamilton Aulenbach, Do Do, Rector, Sto David's Episcopal Pledge of allegiance to the Flag of the Unified States of America 71-1946 APP~iO`~IAL OF idINUTS On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, the minutes of October 19, 1971 were approved as mailedo 71194? COMMUNICATIONS Mrso Wilbur Hamren, Paradise, Mrs, Hamren writes to protest the tax bill she has just receiveda Administrative Officer was requested to answer this letter and explain that the Board sets the tax rate but the assessed value is placed on the groperty by the Assessor's Office, Rose Bo Harris, Saratogao Mrs, Harris owns property in Butte County and missed the filing date for the Assessment Appeals Board and request information as to what she can do at this times Letter referred to County Counsel for answering. It was requested that the Assessor prepare information concerning assessment of prune trees and other farm crops and present to the Boardo Representatives from the Farm Bureau will also be requested to appear before the Board and report on the matter, W. L~ Stile & Son, Chicoo Mr, Stile files an appeal to the Planning Commission action in modifying its proposed rezoning of a portion of the East ~~3~0 ~ Avenue extensio:l, at the hearing on October 7 and October 140 Hearing set for November 16, 1971 at 11:00 aom, Palermo Grange ~~493o i?velyn Do Beeson, secretary, writes to inform the Board that the Grange requests the Board to peep the Butte County Hospital openo Butte County Community Hospital Board of Trusteeso The Trustees fonaard their Resolution No, 7I•-9 which recommends that the Board of Supervisors phase out the Butte County Community Hospital provided all services now being performed at the Hospital are available to patients who require those services, This resolution was adopted by the Board of Trustees at a special meeting on October 20, 1971a See discussion following communications, Butte County Employees Associationo Robert D. Charlebois, manager, forwards copy of his remarks and alternative proposal for the future of the ~ 0•v v Butte County Community Hospital which was presented to the special meeting of the Board of Trustees on October 20, 1971, See discussion following communicationso Golden Feather Fairo Joe Whitaker, secretary-manager, states that the terms of Ro Ro Cassady and Herbert Jo McClanahan, representing the fourth district and Co H, Duborg, representing the first district will expire on December 31, 1971e These directors are willing to serve again if reappointedo The bylaws of the Butte County Fair Association require notification of expirations to the Board of Supervisors 60 days prior to the annual meeting which is held in January in order that Supervisors may approve reappointment or make new appointments within 30 days prior to tb.is meeting, Placed on agenda for November 2, 1971, Page 151a October 26, 1971 October 26~ I971_ _ Mental Retardation Program - Area Planning Board ~~2. Joyce Steven, secretary, forwards copy of the "Area Mental Retardation Plan," Information. Durham Irrigation District, Emmett A, Coon, secretary-manager, states that the Board of Directors of the District unanimously passed the following 0 G S 7 resolution: Inasmuch as no nominees filed for the offices of Directors nor fox J Assessor/Collector/Treasurer, be it resolved that Willis R, Smith be appointed Director of Aivision 2,Martin Jo Zinniel be reappointed Director of Division 3, and A. M. Strong be reappointed Assessor/ Collector/Treasurers See motion following communications. State Department of Health Care Services, Dr, Brian, director, writes 8 ~ regarding the overall, changes taking place with the implementation I~r of the Medi-Cal Reform Plan as of October 1, 1971 and announces the assignment of Mr, Henry W, Stefani to act as his assistant to handle all program and technical matters between the state and the counties, Information, Assemblyman Edwin L, Z'Berg, Mr, Z'Berg writes regarding AB 30bb which will place a $250 million, bond measure on the ballot for November, 1972 and requests that we indicate support of this measure to the Governor. Zetter discussed, hatter placed on the agenda for Tuesday, November 2, 1971, for further discussiono County Superintendent of Schools, Nir, Evans conveys the continued interest of the Butte County Board of Education in the matter of fiscal Q /. Q C~ independence, and cites several instances where this would provide better coordination between the county side and the school side of his office, Discussed; no action taken, Oroville-Wyandotte Irrigation District, 'Resolution requesting appointment of / 0 0~ S 7 officials, Referred to County Counsel. Miriam Coon, Secretary-Durham Woman's Club. Copy of letter sent to William Warren, District IIighway Engineer in regard, to a proposed highway U 0.0 0 interchange at Durham Road off Highway 99Ea Referred to Clay Castleberry, Director of Public Works, for answero Mr, Mert Thomas, Jr, Operation of the Butte County Community Hospital; request that the Board of Supervisors set aside the recommendation of the Hospital Board of Trustees recommendation to close the hospital. Petitions Request to have the last block of Williams Ave, in Palermo built ~~~ ~ ~ up with gravel and black topped, Referred to Public Works for answer and recommendationo 7I-1948 DIRECT COMM{TTEE TO MAKE STUDY OF CLOSING OF BUTTE COUNTY HOSPITAL; DISCUSSION OF REQUEST BY HOSPITAL BOARD OF TRUSTEES Time spent discussing the resolution adopted by the Butte County Hospital Board of 'Trustees which recommends the closure of the hospital. Discussed the holding of a public hearing to obtain the feelings of the community regarding the closureo It was felt that more study would have to be given to the hospital prior to action being taken by this Board. Supervisor McKillop felt that consideration would have to be given to health planning in the County. Supervisor McKillop suggested that the Chairman should appoint a committee to study the recommendation of the Hospital Board of Trustees; he also felt that a hearing should be held on this matter. Frank Dingfelder, Chairman of the Hospital Board of Directors said the Board of Directors_ felt the Board should not take action at this meeting. A great many answers are needed to questions that have arisen. He said the County needed cost figures to determine what the costs would be to farm these services out to other hospitals, Mre Dingfelder explained the thinking of the Board of Trusteeso He said the Board of Supervisors would need actual facts to rely on; it would take at least 6 weeks to develop these factso It was suggested that the Administrative Officer, a membe.r.of .the , Hospital Board of Trustees, the County Auditor and Supervisors Madigan and Page 152, October 26, 1971 October 26,_1971 McKillop should study the matter and bring a report back to the Board. Supervisor McKillop said some thought should be given to the electrical problem at the hospital. He also asked if the Board of Trustees would continue to function. Mr. Dingfelder said they would continue until a decision has been made in this matter, It was stated that all areas of the hospital problem will be studied and the committee will report back to the Board, It was moved by Supervisor Maxon, seconded by Supervisor Gilman and unanimously carried that a study committee be appointed to study the hospital situation, said committee to consist of the Administrative Officer,a member of the hospital Board of Trustees. and a representative of the Comprehensive Health Planning Council, the County Auditor, the Butte County Employee's Association representative, and Supervisors McKillop and Madigan, and that the committee shall report back to this Board following their study. 71-1949 APPOINTMENT '.f0 DURHAM IRRIGATION DISTRICT On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, the Board confirmed the appointments to the Durham Irrigation District, as set out in the Resolution adopted by the Board of Directors of said District, for the following persons: Willis R. Smith, Director of Division 2 Martin J, Zinniel, Director of Division 3 Ao Mo Strong, Assessor/Collector/Treasurer 71-19.50 ADOPT ORDINANCE NOo 1206, the PARADE ORDINANCE Sheriff Gillick and Capt. Flamm of the California Highway Patrol were present to d-_scuss the proposed parade ordinanceo The ordinance had been prepared by County Counsel and approved by the Sheriff and Capt. Flamme The ordinance would require t~~iat a permit be secured if a parade were to be held. The ~~rdinance was explained by County Counsel9 The matter o{ the fee discussed, It was felt that a fee might be more trouble than it was worth to the Sheriff. It was stated that some of the parades might be held if a fee were required, Following a discussion, it was the feeling that the section requiring a fee should be deleted, It was the recommendation of the Sheriff and Captain Flamm that the ordinance be adoptedo On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, Ordinance No, 1206 amending Chapter 14 of the Butte County Code by the Addition thereto of Article IX of the Butte County Code relating to Parades was adopted and the Chairman was authorized to sign, RECESS: 10:10 RECONVENED: 10:20 71-1951 APPEARANCE MRo LABARTH GILMORE LANE HOSPITAL Mro Labarth, Gilmore Lane Convalescent Hospital, said he had received his tax bill which indicated a larger assessed valuation than the card that had been sent by the Assessor's office this spring, It was his feeling that the assessed value should not have been raised after he had received his notice from the Assessor's Office, Chairmar. Reynolds told Mra Labarth that the Assessor's office sets the assessed value on property and that people that have complaints should discuss these complaints with the Assessor's Office. Dave Vasco, County Assessor, said that these cards are sent out to the property owners but they do not include the personal property values The personal property value should be added to the assessed value of the land and improvements. No action taken, Page 1530 October 26, 1971 October 26, 1971 71-1952 APPEARANCE: CLAUDE WII,LIS, FOREST RANCH Mra Claude Willis, Forest Ranch, stated he had two problems he wished to discuss with the Boardo He said he has a problem with hunters killing deer; they spook the deer that live in his area and they are killed by automobiles and die from gun shot wounds, He said he has hauled deer away; has called the Sheriff about deer and they have picked up the fresh killed deer but when a deer has been killed and he dies away from people, after awhile they become very smelly, He felt there should be some agency that the people in that area could call to come up and clean up the dead animals. The Administrative Officer was requested to prepare a poster setting out the agency to call when there is an animal to be picked up. Mra Willis said his second problem concerned children riding bikes on the roads, He feels that if something is not done about this problem, someone will be hurto He feels that these people should observe the rules of the road, Most of the riders do not have lights on their bikes and they cannot be seen at nighto CLif Mickelson, Administrative Officer, was requested to contact the Highway Patrol and the schools and request that they instruct people on the safety of riding bikes nn public highways, 71-1953 APPEARP,NCE:_C. Ls__WEiGLE, ORANGE AVE OROVILLE Mr. C. L. Weigle, Orange Avenue, Oroville, complained about paying an assessment to the Oroville-Wyandotte Irrigation Districts He said he was amazed this year tc receive his tax bill from the County which included a bill from the Oroville-Wyandotte Irrigation District in the amount of $204,00, He feels he is paying for something he is not receiving, Supervisor McKillop said that those people that were not receiving service were to be deleted from the tax rollse Supervisor McKillop said he would speak to Mr. Minasian, attorney for the district. Matter discussed; no action t aken, 71-1954 APPEARANCE: ROBERT BRITTON, CHICII Robert Britton, Chico, asked about the trip that the Planning Commission staff is making to San Diego. He asked if he could see a copy of their report when they returned, He was told that a report would be filed by those members attending the meeting and he could see the report when it has been filedo Mr. Britton also requested an extension of the interim zoning on the west side of Chico. A public hearing would have to be held on this rezoning. The Board will present the request to Mr. Lawson when he arrives„ Mr. Britton again presented his opposition to the lumber yard permit granted to Mro Deitz in Chico, He argued against these strip commercials as he feels that this is subsidizing commercial endeavorsa He would like the Board to consider a new trend concerning commercial zoning, 71-1955 APPEARANCE: MAX KOENIG, OROVILLE Max Koenig, Oroville, said he ~ uld like clarification and assurance that there is equity in the assessment method used by Butte Countyo He said he has heard that there is a problem with veterans exemptions. He said there were quite a few veterans that could not file an exemption, He said there was a rumor that Mr. Mickelson had filed a Veterans Exemptiono Mr. Mickelson said he refused to enter into a debate with Mr. Koenig about problems of his personal lifeo Matter discussed; no action taken. Page 1540 October 26, 1971 October 7.6,_1971 71-1956 APPEARANCE: MR, FRANK CLEGG, LOWER WYANDOTTE ROAD Mr, Frank Clegg, Lower Wyandotte Road, Oroville, requested interim S^1 zoning change for the area in which he lives, 'He said he would bring the signatures of all the other people requesting this zoning. He said that multiple units were to be built across the street from his propertyo He set out the area that he was requesting to be rezoned, Supervisor McKillog asked Mro Lawson about the matter. Mra Clegg was told to discuss the matter with Mr. Lawson and then present the request to the Board at a later meeting. 71-1957 APPEARANCE: MRS, WILLIAM TALLSIAN PLACER AVE OROVILLE Mrs. William Tallman, 2245 Placer Ave., Oroville, complained about the increase in her tax bill. She said she does not feel that the property has raised in value. She was told to discuss the matter with Mr. Vascoo No action taken. 71-195$ APPEARANCE: MRS. KATHERINE BEST,. PARADISE Mrs. Katherine Best,'Paradise, was told that when the service area was formed for Valley View Drive area that development in the area was frozen. She said that last Friday bulldozers went to the area where all the trouble had started. She set out the work that has been done on the property. She asked if an encroachment permit had been issued to the developer. Mr, Castleberry said he had not issued any encroachment permits in that area. He said he would look at the area in question and will report back to the Board next week, 71^1958 APPEARANCE' MRS' DOROTHY PARADIS OROVTLLE Mrs, Dorothy Paradis, Oroville, said she felt that the Board should make some resolution or order stating that if a person's property were to be assessed at a certain value, then it. would be the County's obligation to purchase the property if the assessed value were to be raised, Discussed; no action taken. 71-1960 APPEARANCE: MR. BERT THOMAS, OROVILLE 1lert Thomas, Oroville, presented a letter concerning the hospital closure. He requested that the letter be copied and presented to the Board members for their study and consideration. 71-1961 APPEARANCE: MRS. EDNA M, SMLTH LOWER WYANDOTTE ROAD OROVILLE Mrs, Edna M. Smith, Lower Wyandotte Road, Oroville, objected to the large .development that is proposed to be built near her home on Lower Wyandotte Road. She requested that the area be rezoned to allow only one family dwellings. Discussed;. no action takeno RECESS: The Board recessed at 11:15 to go into an executive session, RECONVENED: The Board reconvened at 11:28 following an executive session, 71-1962 AUTHORIZE RETAINING OF 'D, FULLER, ATTORNEY AT LAW, TO REPRESENT ASSESSOR AT ASSESSMENT APPEAL HEARINGS Chairman Reynolds stated that the Board concurred with the request of Dave Vasco, County Assessor, for the hiring of an attorney to represent the Assessor's Office for hearings to be held before the Assessment Appeals Board. Dave Fuller, attorney at law, Chico, was the choice selected by the Boardo It was stated that a transfer of $3,000 would have to be made from the reserve fund to be placed into the Board's budgeto On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, David Fuller, attorney at law, Chico, was employed to appear and represent the County Assessor in certain actions before the Assessment Appeals Board and the transfer of $3,000 was authorized from the Reserve Fund to the Board of Supervisor's budget. Page 155, October 26, 1971 October 26, 1971 71-1963 DISCUSSION: PARADISE WATERSHED STUDY Dro Heindl, Butte County Public Heath Director, appeared to discuss the proposal for financing the local share of the Paradise watershed study which has been prepared, Dr, Heindl explained the situation in the Paradise area, She said they had contacted the Department of Water Resources and they have stated that they are quite willing to undertake the study, Paradise Irrigation District has expressed their willingness to partiapate in the study, The developer (Larwin Development Company) has suggested that a committee I1E appointed and charged with the supervision of the studyo Dr. Heindl stated that Mr. Ceddis was present, representing Larwin, and representatives of Paradise Irrigation District were also present. Supervisor Maxon said he wanted it made clear that he was as concerned with water quality as anyone elseo He had been appointed to a committee by the Board to examine the feasibility of such a study, He said it appears that there is more information available now; he questioned whether the $42,000 would be needed for the study. He explained his feelings in this matter. He said that Larwin only has a small amount of property in this area. He said he feels that they are under pressure to accept the request to contribute to the studyo Dr. Heindl said there has been no pressure put on Larwin to contribute to this study, Time spent discussing the study. It was felt that the study was neededa Dr. Heindl said that the Dept. of Water Resources have stated that they will use all information that is available to them. Dro Heindl said that the Department of Water Resources would not spend the money unlesss they have to spend it. Supervisor Maxon said he did not know if this study should be made at this time; he felt the costs should be lowered, Chairman Reynolds said he did not feel the amount for the study could be lowered. KathErinE Fuller, Chairman of the Paradise Irrigation Board of Directors was present and stated that the District was in favor of the study, She introduced Mr. Phil Kelly, Manager, who stated that the District felt the study was necessary in the interest of water quality. He set out the District's offer to the County. He explained the necessity for this study. It was felt that the study would guide the orderly development of the watersheds Mx, Rolland Wright, member of the Board of Directors of the Paradise Irrigation District,said hE was appointed to the committee to study this matter. He said hE looked into all the facts of this study. He said he felt the district would not suffer if there were to be a delay in this study, Jim Lawson, Planning Director, stated that from a planning standpoint this study would be very hElpful to them, Mro Geddis explained how the water was being monitored. TherE arE 12 sampling stations. Supervisor Maxon said he would like to havE the matter delayed and have the Department of Water Resources study the quoted figure and determine whether the costs could be lowered, Chairman Reynolds requested that the AdministrativE Officer call the Department of Water Resources and discuss the costs for the study, He will report back when the call has bEen completed, Supervisor Maxon explained what information he w@31~ed. RECESS: 12:15 RECONVENED: 1.:30 A11 Board membErs presento Page 156. October 26, 1971 October 26, 1971 - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 71-1964 PUBLIC HEAP.TNG: INTF..NTION TO ABANDON PUBLIC UTILITY EASEMENT The public hearing on the ini-.enti.on to abandon the public utility easement was field as advertisedo Clay Castleberry, Director of Public Works, stated that these abandonments had been reviewed and approved by the utility companyo Hearing opened to the~ublic, Appearing in opposition: no one, Appearing in favor: no one. Hearing closed to the public and confined to the Board for actions 71-1965 ADOPT RESOLUTION 71-254 ABANDONMENT OF PUBLIC UTILITY EASEMENT On motion of Supervisor Gilman, seconded by Supervisor Maxon and unanimously carried, Resolution 71-254 approving the abandonment of a public utility easement was adopted and the Chairman was authorized to signs 71-1966 PUBLIC HEARING: USE PERMIT TO ALLOW CONSTRUCTION OF A 41-SPACE MOBILE HOME PARK ON PROPERTY ZONED "A-2" LIMITED LOCATED ON TME WEST SIDE OF PENTZ MAGALTA ROAD APPROXIMATELY 335 feet SOUTH OF M[FLBERRY LANE PARADISE The public hearing on the request of McCain & Associates for a use permit to allow construction of a 41-space mobile home park on property zoned "A-2 limited" located on the west side of Pentz ~lagalia Road, approximately 335 feet south of Mulberry Lane, identified as AP 50-082-16, Paradise, was held as advertised, Jim Lawson, Planning Airector, summarized the actions of the Planning Commission in this matters Planning Commission after 2 motions that failed, recommended denial of the request, Location of the proposed site set out and discussed, Hearing opened to the public at this time, Appearing in favor: Everett McCain, representing a client by the name of Charles James, Mro McCain explained the request, setting out the area in~questiono He said this site would join the original mobile home park that is now in existences He said he had not given all this data to the Planning Commissions Clay Castleberry, Director of Public Works, stated that there was a drainage problem in the area, Appearing in opposition: Ie Pete Larson, 6697 Mulberry Lane, Paradise; he set out his opposition to the proposed mobile home parka 2, Mrs. Helen Hilke, Paradises She urged denial of the use permits Hearing closed to the public and confined to the Board for discussion and deliberations Supervisor McKillop said it might be better to refer this request back to the Planning Commission for further study, He said there was a drainage problem and the Planning Commission should know of this problems It was moved by Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, that the request for a use permit to allow construction of a 41-space mobile home park on property located on the west side of Pentz Magalia Road, idenitifed as AP 50-082-16, Paradise, be referred back to the Planning Commission for their direction to the Board of action to be takena 71-1967 APPROVE FINAL MAP OF PARADISE PINES COUNTRY CLUB ~~4 (470 lots, MAGALIA Clay Castleberry, Director of Public Works, reported on the final map of Paradise Pines Country Club ~k4 (470 lots, Magalia); he stated that the bonds are posted guaranteeing road and drainage to the County standards, Page 157, October 26, 1971 October 26,_1971 On motion of Supervisor Maxon, seconded by Supervisor T1cKillop and unanimously carried, the final map of Paradise Pines Country Club ~k4 {470 lots, Magalia) was approved for recording, offers of dedication accepted and the Chairman was. authorized to sign the road agreements and the certificates of acceptance, 71-1968 AWARD OF BTD GRIDLEY SWIMMCNG POOL DRESSTNG ROOM BIDS-CSA #34 Swimming Pool Advisory Board recommends awarding low bid to Deakins Construction for base bid and Alternate I in the amount of : $31,407 Base bid 5,000 Alt, I $36,407 Total They also request that the Board grant CSA ~~34 a loan of $11,600 so that Alternate 2 and Alternate 3 can be constructed at the same time. This $11,600 covers Alternate 2 ($7,700}, Alternate 3 (4,300), advertising ($200) and additional architect's fees ($400), In case loan is not granted, recommend award of base bid and Alternate I to Deakinso If loan is granted, award to Deakins Construction would total: $31,407 Base bid 5,000 Alternate I 7,700 Alternate II 3.300 Alternate III $47,407 Total Mro Castleberry said the District did not have enough money to take care of all the itemsa Action to be taken discussed, Loan to district discussed. On motion of Supervisor Reynolds, seconded by Supervisor Maxon and unanimously carried, award or bid to Deakins Construction for base bid and Alternate I in the amount of: $31,407 Base bid 5,000 Alternate I $36,407 was approved, it being the Iow bid, 71-1969 APPROVE TRANSFER OF FUNDS TO PROVIDE FUNDS FOR GUARDRAIL FOR FOUR BRIDGES PENTZ ROAD FAS PROJECT On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, transfer of funds to provide funds for guardrail for four bridges Pentz Road FAS Project in the amount of $5,000 was approved from Account 53-12 FAS deposiCs to WoOo 1648 work to be done by county forces, 71-1970 APPROVE_PARADISE PIi`IES 4~3, CCO 4~6 On motion of Supervisor Maxon, seconded by Supervisor Gilman and unanimously carried, Change Order No, 6, Paradise Pines 4~3, was approved and the Chairman was authorized to signo It was stated that the change order would not affect the contract price, 71-1971 AUTHORIZE CLOSURE OF SPENCER AVENUE DECEMBER 17 1971 On motion of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, the request of E1 Medio Fireman's Association for permission to close Spencer Avenue between B & C Streets on December 17, 1971, between the hours of 6:00 p,m. to 10:00 pom, was approved; Public Works will loan barricades for their use, Page 158, October 26, 1971 ___- --_-___===-=Qctohex263 1921_ _ _ _ __________ 71-1972 APPROVE FINAL MAP: FRONTIER VILLAGE (10 lots Cohasset Road, Chico) On motion of Supervisor Madigan, seconded by Supervisor McKillop and unanimously carried, the final map of Frontier Village (10 lots, Cohasset Road, Chico) was approved, offers of dedication accepted, and road and drainage work accepted; the Chairman was authorized to sign said map. Maintenance bond is posted. 71-1973 ADOPT ORDINANCE N0, 1207 ESTABLISHING SPEED LIMITS ON CERTAIN COUNTY ROADS (LOTT ROAD AND OBERMEYE~ On motion of Supervisor Reynolds, seconded by Supervisor Gilman and unanimously carried, Ordinance No, 1207 establishing speed limits on certain county roads (Lott Road and Obermeyer) was adopted and the Chairman was authorized to sign. 71-1974 ADOPT RESOLUTION 71-255' NO PARKING ON MANGROVE AVENUE On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, Resolution 71-255 in re Parking on certain county highway (west side of Mangrove at E. Ninth Avenue, Chico) was adopted and the Chairman was authorized to sign. 71-•1975 ADOPT RESOLUTION 71-256 AUTHORIZING CHAIRMAN TO SIGN REVISED FREEWAY AGREEMENT RE ROUTE 99 BETWEEN NEAL ROAD AND SKYWAY On motion of Supervisor Maxon, seconded by Supervisor Gilman and unanimously carried, the revised Freeway agreement re Route 99 between Neal Road and Skyway and approved, Resolution 71-256 authorizing Chairman to sign the agreement was adopted and the Chair:~an was auth~~~~~ized to sign. 71-1976 AUTHORIZATIsON GRANTED TO PURCHASE STEAM CLE_~NER, TWO CHAINSAWS ATTD TWO SUR.?LUS VEHICLES Public Works request authorization to purchase 250 GES Malsbary Steam Cleaner (budgeted) and following equipment for brushing crews to be manned by employees under Federal Emergency Employment Act: 2 chainsaws, and 2 surplus crew cab pickups or suburban type vehicles for transportation; Additional funds will be needed for the steam cleaner as well as funds for two chainsaws and two vehicles. It is proposed to deer the purchase of backhoe in order to have necessary funds to cover the purchase of these items. Mr. Castleberry explained this request. Mr. Castleberry said this should be authorized with the understanding that the purchase be allowed to be computed in as the "in-kind" contributions. On motion of Supervisor Reynolds, seconded by Supervisor Gilman and unanimously carried, Public Works was authorized to purchase a steam clean (a budgeted item) and 2 chainsaws and 2 surplus crew cab pickups or suburban type vehicles for transportation, subject to the approval of the application for Emergency Employment Act, and that the purchase of these Emergency Employment Act items be delayed until the application is approved, 71-1977 APPROVE RIGHT OF WAY ACQUISITIONS, AGREEMENT FOR SALE, SKYWAY AND GRANT DEEDS FOR OTHER ROAD PROJECTS On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, the following action was approved: 1. Approved the following agreement for sale, authorized the Chairman to sign and authorized the Auditor to issue warrant upon demand of County's escrow agent: Skyway 51261-70-2 John Miller 0,002 ac. $50 No Imp. $50 total 2. Accepted the following grant deeds and authorized the Chairman to sign the certificates of acceptance: Skyway 51261-70-2 Lassen & Godman Ave. (use permit} Clark Rd, 57452-7i-1 ~~ ,~ ~~ ,~ Pcl, 3 AP 44-38-29 7 3 10 C. I. Perry W. A, Retzer W, B. Gilkeson D. Spainhower W. Ia Gleeson Page 159. October 26, 1971 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Qct,oher 26~ ~9~1= = - -- _ _ _ _ _ - - _ - _ 71-1978 ADOPT RESOLUTIONS 71-257, 71-258 and 71-259 OF ABANDONMENT 6n motion of Supervisor McKillop, seconded by Supervisor Maxon and unanimously carried, the following resolutions were adopted and the Chairman was authorized to sign: No. 71-257 Resolution of Summary abandonment for Old Oroville-Pentz Bond Highway (Cole, Pcl. 5) 71-258 Resolution of Summary abandonment for Old-Oroville Pentz Bond Highway (Killian, Pcl, 4) 71-259 Resolution of Summary Abandonment for Old Oroville-Pentz- Magalia Bond Highway (Killian, Pcl. 4) 71-1979 REPORT ON APPLICATION TO .DIVERT 500 GALLONS OF WATER PER DAY FROM UNNAMED CREEK Clay Castleberry, Director of Public Works, reported on the application to divert 500 gallons of water per day from unnamed creek, This is for a little creek that flows into Kaelin Greek, It does not affect the County's position in water needs, No action necessary or indicated, 71-1.980 ADOPT MOTION OF INTENT TO ENGAGE IN A WATERSHED STUDY FOR PARADISE Clif Mickelson, Administrative Officer, reported that he has been unable to contact the pexson in the Department of Water Resources that is v J concerned with the watershed study for Paradise, Dr. Heindl said she did -I~~~ contact the gentleman who had introduced this matter, Dro Heindl asked if the Board would consider giving her authorization to start this matter of the study with the understanding that they will try to get the costs cute She felt there should be no extended delays Request discussed, It was moved by Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried that it was the Board's intent to engage in a watershed study with the State Department of Water Resources, Paradise Irrigation District and Larwin Developments, Inc, and that the final action will be taken at the meeting to be held on Tuesday, November 2, 1971, subject to confirmation that negotiations were conducted for the lowering of the costs for said studya 71-1981 PUBLIC HEARING SET:FROM "A-2" (GENERAL) TO "A-R" (AGRICULTURAL-RESIDENTIAL) TO "R-4" (MAXIMUM-DENSITY DWELLINGS RESTRICTED SERVICE) AND TO "C-2n (GENERAL COMMERCIAL)_DISTRICTS. EAST AVENUE EXTENSION CHICO A public hearing was set for November 16, 1971 at 11:00 a.m, for the following: A. From "A-2" (general) to "A-R" (agricultural-residential) district for an area generally described as bounded on the north by a line 660 feet north of East Avenue; on the east by a line 850 feet west of the Esplanade; on the south by Linde Channel; on the west by a line 660 feet east of Nord Avenue; excepting that area within 250 feet north and south of East Avenue centerline, Chico. B. From "A-2" (general) to "R-4" (maximum-density dwellings restricted service) district, for an area generally described as 250 feet north and 250 feet south of East Avenue, bounded on the west by a line 660 feet east of Nord Avenue; on the east by a line 850 feet west of Esplanade; and an area 400 feet north and 700 feet south of East Avenue, bounded on the west by a line 850 feet west of Esplanade and on the east by a line 300 feet from the Esplanade, Chico, C. From "A-2" (general) to "C-2" (general commercial) district, for an area generally described as 660 feet north of East Avenue and 1300 feet south of East Avenue, bounded on the east by Esplanade; on the west by a line 850 feet west of the Esplanade; excepting therefrom that area 400 feet north of and 700 feet south of East Avenue, bounded on the east by a line 300 feet west of East Avenue, Chico. Page 1600 October 26, 1971 ________________October=2fi,=1477.=_--___ _____ 71-1982 PUBLIC HEARING SET: EXTENSION OF THE INTERIM ZONING DISTRICT A-3 FOR THE BUTTE COLLEGE SITE AREA A public hearing was set for Tuesday, November 16, 1971 at 11:00 a.m, for the extension of the interim zoning district A-3 for the Butte College site area. 71-1983 ADOPT RESOLUTION 71-260. AUTHORIZING USE OF HIGHWAY USERS TAX FUND TO SETTLE THE CASE OF CLACK VS, STATE OF CALIFORNIA ET AL On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, Resolution 71-260 authorizing use of Highway Users Tax Fund to settle the case of Clack vso State of California, et a1, was adopted and the Chairman was authorized to signo 71-1984 ADOPT RESOLUTIONS 71-261, 71-2 b2 and 71-263 AUTHORIZING ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN NECESSARY FOR CONSTRUCTION OF A COUNTY HIGHWAY On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, the following resolutions were adopted and the Chairman was authorized to sign: Resolution No. 71-261 Authorizing acquisition of real property by eminent domain necessary for the construction of a county highway known as Forbestown Road in the County of Butte-Earl H. Blake and Eileen H. Blake, husband and wife, and Natalie May Blake Resolution No. 71-262 Authorizing acquisition of real property by eminent domain necessary for the construction of a county highway known as Forbestown Road in the County of Butte-Mary Mullin Resolution No. 71-263 Authorizing acquisition of real property by eminent domain necessary £or the construction of a county highway known as Forbestown Road in the County ofButte-Earl C. Dailey & Mae H. Dailey, Elinor M, Riveroll, Nancy Riveroll Kettman and John Sheldon Riveroll, Margaret Huelskamp and Elinor Riveroll 71W1985 ADOPT RESOLUTION 71-264 IN OPPOSITION TO FORCED BUSING OF SCHOOL CHILDREN On motion of Supervisor Maxon, seconded by Supervisor Reynolds and unanimously carried, Resolution 71-264 in opposition to forced busing of school children was adopted and the Chairman was authorized to sign. Copies of said resolution to be sent to the Northern Counties Supervisors Association, California County Supervisors Association and to the Senators from the State of California. 71-1986 ADOPT RESOLUTION 71-265. URGING UNITED STATES DEPARTMENT OF HEALTH, EDUCATION & WELFARE TO RESUME TIMELY ADVANCE OF WELFARE MONIES Wm. Lawrence, Assistant County Auditor, spoke on the matter of delayed receipt of federal welfare grant monies, He said this was a recurring problem. He said the Auditor recommended that the Board adapt a resolution addressed to the Federal Government requesting that they resume the advance payments to the State, Resolution discussed, On motion of Supervisor Maxon, seconded by Supervisor Gilman and unanimously carried, Resolution 71-265 urging United States Department of Health, Education and Welfare to resume timely advance of Welfare monies was adopted and the ~'.~.airmanlwas authorized to sign. Page 161. October 26, 1971 October 26~ I971_ _ 71-1987 AWARD OF BID FOR CRAWLER TRACTOR: PUT OVER ONE WEEK The award of the bid for crawler tractor was put over one weeks 71-1988 ADOPT ORDINANCE N0. 1208 AMENDING THE SALARY ORDINANCE On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, Ordinance No. 1208 amending the salary ordinance was adopted and the Chairman was authorized to sign, 71-1989 APPROVE LEAVES OF ABSENCE On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, the following leaves of absence were approved: 1. Mrs. Wilma Koontz, Sheriff's Department, for six month leave of absence from November 1, 1971 to May 1, 1972 for medical reasons, Absence will be non-compensatedo 2. Mrs. Sharon Angle, Treasurer's Office, for one month beginning November 1, 1971 for medical reasons, Absence will be non-compensated. 71^1990 APPROVE APPOINTMENT TO EMERGENCY MEDICAL CARE COMMLTTEE On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, Mr. Tom Yoeman was appointed to the Emergency Medical Care Committee, as requested by Dr, Heindl, 71-1991 AUTHORIZE ADMENISTRATIVE OFFICER TO PREPARE LETTER CONFIRMING INTENT TO PROCEED WITH THE CENTREX PROPOSAL AS OUTLINED The Telephone Company has submitted a letter proposal containing the same cast estimates for monthly rates, installation charge and basic termination charge as was outlined to the Board on October 12. They request a letter confirming the intention of the County t0 proceed as outlined in the proposal, Proposal discussed, On motion of Supervisor Reynolds, seconded by Supervisor McKillop and unanimously carried, the Administrative Officer was authorized to prepare a letter confirming the intent of Butte County to proceed with the Centrex proposal as outlined, 71-1992_APPROVE SUB-LEASE FOR CHICO AREA RECREATION AND PARK DISTRICT The Chico Area Recreation and Park District requests Board approval of sub-lease of portion of Bidwell River Park pursuant to sub-section 4 of the District's lease agreement with the County. The sub-lease covers the area commonly known as the "Pine Creek Landing." There are no monetary considerations involved for the County. Request discussed. On motion of Supervisor McKillop, seconded by Supervisor Maxon and unanimously carried, the sub-lease of a portion of Bidwell River Park as requested by the Chico Area Recreation and Park District was approved and the Chairman was authorized to indicate such approval by signature on the sub-lease. 71-7.993 TRAVEL REQUESTS APPROVED On motion of Supervisor Reynolds, seconded by Supervisor Gilman and unanimously carried, the following travel requests were approved: to Mr. Hindery, Data Processing Director, to attend the California Association of County Data Processors fall conference in Santa Barbara November 2 thru do Faur•nights lodging, Estimated cost of trip $250, Travel by private car. 2. Charles Entile, chief criminal investigator for the District Attorney's Office, to attend the Gormac Polygraph Examiner's School in Pasadena November 12 thru December 11, 1971, This schooling is covered under the grant from the California Council on Criminal Justice, Estimated cost under the grant $1,050, 3. Dave Vasco, County Assessor, to attend the State Board of Equalization seminar to review methods of assessing public utility property in Sacramento November 3 and 4, Number of night`s lodging-two, Estimated cost of trip $100. Travel by private car, Administrative Officer will also Page 162, October 7h. 1.971 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ctoher 26~ 1921= _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ attend the seminar on those dateso 4o Larry Strom, Health Department, to attend the state sponsored annual Regional Institute for local personnel concerned with vital statistics registration in Bijou, California November 9 thru 11, 1971. Two-nights lodgingo Estimated cost of trip $84, Travel by private care 5, Roy Pritchard, Public Work's Department, to attend the 9th annual Refuse Equipment Show at Fresno; 3 nights lodgingo Estimated cost of trip, $120, November 17, 18th and 19th, 1971. 71-1994 DESIGNATION OF BRIAN FREEMAN AS INTERIM EOC DIRECTOR Del Hyde, EOC Director, was in the audience and requested that Brian Freeman be designated as the interim Director, Personnel Officer will do the recruiting for this appointment of a directoro Mro Nickelson explained how the recruiting would be handledo On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, Brian Freeman was designated as the interim EOC Director. 71-1995 DISCUSSION: DESIGNATION OF ARCHITECT C1if Nickelson, Administrative Officer, explained the request for designation of an architecto He said that at the present time they are involved in pulling together a letter of intent to CCCJ for construction of the new Juvenile Hall, Nr, Nickelson explained the need for architectural services, Time spent discussing the request for the designation of an architect, Supervisor McKillop said he would like to see some type report from Mr, Nickelson on the progress they are making with CCCJ on Juvenile Hall constructiono A progress report on the Superior Court Building was also requested, Chairman Reynolds requested that a report be submitted next week on the progress on the construction of the Superior Court Building. No action taken at this time on the designation of an architect. 71-1996 APPOINTMENT TO PLANNING COMNILSSION On motion of Supervisor Gi1ffian, seconded by Supervisor Maxon and unanimously carried, Louis Camenzind, Jro was appointed a member of the Butte County Planning Commission, AECESS: The Board recessed at 3:10 to go into an executive session, RECONVENED: The Board reconvened at 3:35 following an executive session. 71-1997APPROV.E STIPULATION WITH GEORGIA FACIFI~ONCERNING SUPERIOR COURT ACTION NCo 52533,GEORGIA PACIFIC CORPo V5 COUNTY 0__BT3TTE -On motion of Supervisor Madigan, seconded by Supervisor McKillop and unanimously carried, the Board approved the Stipulation with Georgia Pacific, concerning the case of Georgia Pacific vs County of Butte and County Counsel was authorized to sign said stipulation and have it made part of the Court records, Dan Blackstock, County Counsel, stated that it has been agreed that the law firm representing Georgia Pacific will not file a motion for summary judgmento Mro Blackstock stated that the Assessment Apgeals Board hearing on the applicatign filed by Georgia-Pacific will be held on December 9 and 19th, 1971 on the 1971-72 Roll, This hearing will be held pending the outcome of the Court action. This was stipulated to by the Assessor's Office as well as the applicant, Pave 163, October 26, 1971 O~~tooer 26, 1971 71-1998 DISCUSSION: PROPOSED CUT BACK IN THE RICE ALLOTMENT Supervisor Madigan said he felt the Board should take some action in opposing the uropos,.d cutba,^.k ;.t t i~ rice allotments, Chairman Reynolds said he could support the opposition to the cutbacks, It was stated that some of the southern rice producing states are opposed to this cutbacko It was felt the County should try and enlist the support of the Senators in opposing the cutbacko Proposed cutbacks discussed, It was moved by Supervisor Madigan, seconded by Supervisor McKillop and unanimously carried that a letter be written and sent to the United States Senators representing the State of California, asking that they support the position taken by Senators Allender and k'ulbright and Congressman Edwards, all from the State of Louisiana, regarding the proposed cutback in allotments to the rice industry, 71-1999 BOARD DISCUSSION Supervisor Madigan said that with regards to the County`s reservation of one foot strips of land, he felt this matter should be strictly policed and enforced. Matter to be placed on the agenda next week so that the Director of Public Works could be present and participate in the discussion. Supervisor Maxon said he would like to have authorization to call Congressman Harold Johnson concerning the correspondence from the Bureau of Land Management requested the withdrawal of 2,000 acres in the Butte Creek area. He would like to see if Congressman Johnson could put pressure on in this matter, It was suggested that Supervisor Maxon call Eugene Watson in Roseville, Congressman Johnson's secretary, and Mr. Watson could talk to Congressman Johnson about Supervisor Maxon's concern in this matter. ADJOURNMENT• There being nothing further before the Board at this time, the meeting was adjourned at 3:55 p.m. to reconvene on Tuesday, November 2, 1971 at 9;00 a,m ATTEST: CLARK A~, NELSON, COUNTY CLERK BY: Board of 5upe isors Clerk ~, Cha' ian of the Soard Page 16~+. October 26, 1971