HomeMy WebLinkAboutM103073October 30, 1973
STATE OF CALIFORNIA }
SS,
COUNTY OF BUTTE )
TheBoard of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present; Supervisors Cameron, Oilman, Ladd, Madigan and Chairman McKillop.
Clif Nickelson, Administrative Officer, Neil McCabe, deputy County Counsel,
and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk,
INVOCATION: Rev, Ingmar ,7acobsen, Evangelical Free Church, Oroville
Pledge of allegiance to the Flag of the United States of America
73-1681 APPROVAL OF MINUTES
On motion of Supervisor Gilman, seconded by Supervisor Cameron
and unanimously carried, the minutes of October 10th and 16th mere approved
as mailed.
73-1682 COMMUN.CCATIONS
Safeco Insurance Company of America. The Company files claim on behalf of
~ p O,Z~ Robert Martin in connection with an automobile accident, See
motion following communications.
Edith. A. Lausten, Chico, An appeal is filed to Planning Commission decision
p~ on October 11 denying application for use pexvnit for two space mobile
~r 3' home park, Hearing set for November 13th at 1;30 p,m.
Mrs, Florence E. Harris, Paradise, Mrs. Harris writes regarding difficulties
0 0 ~ L~ experienced with a mobile home park. Letter discussed, Referred to
County Counsel for study and to make a report.
Mrs, Susanne Swanson, Magalia, Mrs, Swanson writes in opposition to the
~ OQ,OI opening of state parks and Lake Oroville to hunting. Discussed,
To be discussed later in the meeting,
Enloe Memorial Hospital, Mr, Sweeney, administrator, writes regarding procedures
b ~ p ,0 ~ for determining patient's eligibility for MedisCal coverage, Discussed.
Referred to Administrative Officer for handling,
Simpson's Disposal Service, Mr, Simpson files 60 day notice commencing
~,Z I Q ~ October 23, 1973 to terminate the contract with the County for transfer
of garbage from proville to Chico. Discussed. To be discussed
later in the meeting,
The Bridge, Mr, McCafferty, director, expresses thanks to the Chairman
p d and the Board for the recent action in resolving certain fiscal
~~ S~ matters in connection with their contractual arrangements with
the County, Information only.
Associated Students, California State University, Chico. The organization
Z Z ,o a writes to thank the Board for awarding the street numbering and
naming project to the Chico State Foundation. Information only.
Superior California Comprehensive Health Planning Association. The Association
Oh sends notice of hearing to review application of Chico Community
~ 0 ~~ Memorial Hospital for expansion of its acute care facility by
40 beds, Discussed. Supervisor Gilman felt this should be studied
more by the Board. No action taken at this time.
Page 53.
October 30, 1973
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Oroville-Wyandotte Irrigation District. The District Board requests
appointment of Haskel A. McInturf as Treasurer of the District
to fill the unexpired term of Ruth T. Gillis. Discussed. Adm, Officer
will determine if appointment should be made at this time,
Thermalito Irrigation District. The District files copy of its resolution
of intent to transfer the assessing and tax collecting functions
to the County, The resolution further requests the Board to adopt
a resolution advising the District as to charges for such services,
County Counsel to prepare resolution for handling this matter,
County of E1 Dorado. The County forwards copy of Resolution No. 487-73 opposing
/ 0 0 y w• the regionalization of local, state, and federal governments as
set up by formation of multi-county regions, Discussed; no action
necessary,
County of Lake. The County forwards copy of Resolution No, 73-332 ascertaining
~ that any governmental entity that directly or indirectly has legislative,
~ D p,~ S taxing or policing powers shall be composed of elected officials, elected
by the government, Discussed, See motion following communications,
County of Stanislaus. The County forwards copy of their resolution opposing
~ d p,7.~' Proposition T - tax limitation initiative, No action necessary,
State Solid Waste Management Board, The Board sends draft copy of tentative
L ~ guidelines based on the requirements of SB 5 (Solid Waste Management
3 .` U• and Resource Recovery Act of 1972) and requests review and comments
to be forwarded to them by December 15, 1973, Referred to Administrative
Officer to send out to departments for their comments.
State Department of Health, Mr, D. E. Burkett, program manager, responds to the
County's communication regarding discontinuance of services at the
G ~~,D G Butte County Community Hospital and suggests a joint meeting for
discussion, Discussed, Mr, Burkett will call Mr, Mickelson today and
tell the County whether a meeting will be necessary. No action at this time
State Department of Health, The Department sends notice that it has declared
d ~ I4 counties inRabies Region VI as a "rabies area" effective December 2,
3 ~0• 1973. The~:cougty`health officer is required to complete "statement
of enforcement" forms and submit on ox before January 2, 1974.
No action necessary,
Governor Reagan. The Governor acknowledges and expresses appreciation for the
~ 0 O.'L Z. recommendation to appoint Frank L. Long to the Council an Intergovernmental
Relations. Information only,
X13 OpMorris Rdiscussed,MrActionrtakenelater inrthecmeetingild a garage, Letter
Theodore Maneely, Mr, Maneely writes concerning tax bill he had received.
~fZ„0 o Letter xead and discussed, No action taken,
Kenneth L. Young, Executive Director-Area III Senior Planning Project. He
~ ~ p,{Y requests the Board to give official endorsement for the Area III Senior
Planning Project. To be discussed later in the meeting.
I'~~p O Johannes A. Hansen, He states he has not received his property tax statement,
Referred to County Treasurer,
Robert M. Sorenson, Chairman, Commission on Senior Affairs. He sta tes that
O~ I~ the Commission feels that there is a problem of conflict of interest
f in the voting on the Area III Senior Planning Project, To be
discussed later in the meeting,
State TV Cable, They make a claim for refund of personal property taxes
~3 erroneously and illegally collected by the County, Referred to
~ ~~ Administration Office for handling.
Page 54,
October 30, 1973
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.... ,-,RO.BERT, _,, , -
73-1683 CLAIM OF MARTIN DENIED
On motion of Supervisor Gilman, seconded by Supervisor Madigan and
unanimously carried, the claim of Robert Max tin in connection with an automobile
accident was denied and referred to County Counsel,
73-1684 APPOINT SUPERVISOR LADD TO SERVE ON SUPERIOR CALIFORNIA HEALTH
MArrnoiaE~ coUivczi
On motion of Supervisor Cameron, seconded by Supervisor Gilman and
unanimously carried, Supervisor Ladd was appointed to serve on the Superior
California Health Manpower Council.
73-1685 REPORT ON SICKLE CELL ANEMIA MEETING
Supervisor Cameron reported on the Sickle Cell Anemia meeting held
recently, It was felt, after discussing the matter, that the best way to
handle this would be to allow the Health Department to enter into a contract
for County participation, Discuss, No action taken.
73-1686 GRANT VARIANCE FOR BUILDING OF GARAGE BY MORRIS FACER OROVILLE
Hal McDonald, Assistant Director of Public Works, reported on the
`~ Morris Facer request for a variance to build a garage, He said that Public
d
!~~' Works felt there would be no problem in granting the variance, The property
is on a private road, Condition 4 of the parcel map would have to be deleted
to allow this variance,
Request discussed,
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
unanimously carried, Condition 4 of the Morris Facer parcel map was waived,
and a variance was granted for the building of a garage, subject to
County Counsel's approval,
73-1687 APPROVE PUBLIC. WORKS,ZTEMS: ADOPT RESOLUTIONS 73-177(a) and 73-177(b)
and Resolution 73-177(c)
~. On motion of Supervisor Gilman, seconded by .Supervisor Madigan and
unanimously carried, the following action was taken;
1. Approved following agreement for sale for right of way acquisition,
the Chairman was authorized to sign and the Auditor was authorized to issue
a warrant upon demand of County's escrow agent:
Skyway FAS 757(4) C. E. M. Investment 0.027 acres $3,000 No impr,
2. Adopted Resolution 73-177(x)
v 3. Adopted Resolution 73-177(b) abandonment of a portion of Old Pentz
Road and the Chairman was authorized to sign.
~' 4, Adopted Resolution 73-177(c) authorizing acquisition of real
property by Eminent Domain necessary for the construction of a County Highway
known as Skyway in the County of Butte and the Chairman was authorized to sign,
73-1688 ADOPT RESOLUTION 73-178 OF INTENTION TO RE-NAME COUNTY HIGHWAYS
On motion of Supervisor Gilman, seconded by Supervisor Cameron and
unanimously carried, Resolution 73-178 of intention to re-name County highways
(River View Drive, Hillcrest Avenue and Wyandotte Miners Ranch Road, Oroville)
was adopted, November 27, 1973 at 1:30 p.m. was set as time of hearing, and
the Chairman was authorized to sign,
Page 55.
October 30, 1973
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73-1689 APPROVE CHANGE ORDER ~~1, EAST AVENUE, TOPICS PROJECT N0, ESP-T-3014(4)
On motion of Supervisor Gilman, seconded.by Supervisor Ladd and
unanimously carried, Change Order No, 1, Supplement No. 1 in the increasing
amount of $4,500, which provides for additional funds to complete the work
involved in removing unsuitable material as provided in Change Order No, 1,
East Avenue, TOPICS Project No. ESP-T-3014(4) was approved and the Chairman
was authorized to sign,
73-1690, ADOPT,ORD,INANCE N0, 1406 ESTABLTSHTNG SPEED LIMITS, GARNER LANE &
MARIPOSA AVENUE
On motion of Supervisor Gilman, seconded by Supervisor Madigan and
unanimously carried, Ordinance No, 1405 estamlishing speed limits, Garner Lane
and Mariposa Avenue was adopted and the Chairman was authorized to sign,
73-1691. .APPROVE.. ,NOTICE OF COMPLETION, MINT-TRANSFER STATIONS (STIRLING CITY & LAKE
MADRONE SITES)
On motion of Supervisor Ladd, seconded by Supervisor Gilman and
unanimously carried, the work of McKenzie-Bramlage Tnc. for the construction
of retaining walls for mini-transfer refuse stations at Stirling City and
Lake Madrone was accepted, the Chairman was authorized to sign the Notice of
Completion and the Clerk was directed to record said Notice of Completion
with the County Recorder,
73-1692 DISCiTSSIOI+I;, NEW..F,H,I~.,RECxlT,LAT;~ON...221-D2 REQUIRING LOCAL AGENCY INSPECTION
FOR CERTAIN HOMES PROPOSED FOR 'RESALE
New FHA regulation 221-D2 requiring local agency inspection for
certain homes proposed for resale discussed, Board members felt these
inspections would be a duplication of services, public Works has written
to them stating that the County did not have enough staff to take care of
these inspections. Public Works requested to write a letter to FHA setting out
the Board's feelings in this matter and requesting their comments, A copy of
said letter to be sent to the County's representatives in Sacramento.
73-1693 ACTION DEFERRED: PROPOSAL FOR HOSPITAL REMODELING TO HOUSE DATA
PROCESSING
Mr, McDonald stated that he did not know too much about the proposal
for the hospital remodeling to house data processing department. It was
felt that the remodeling costs were estimated too high. Mr, Mickelson was
requested to contact Mr, Fox, the architect, and request that he be present
to discuss the matter, Item deferred at this time.
73-1694 PUBLIC WORKS AUTHORIZED TO TRANSFER FUNDS FOR DRIVEWAY MODIFICATIONS
ON THE SKYWAY CONSTRUCTION PROJECT
Mr, McDonald reported on the relocation of some of the driveways
along the Skyway for the Commercial Paxk project by Larwin. Driveway modification
costs would be $9,471, Mr, Castleberry recommended that the County participate
in the driveway modifications, Transfer of funds could be made to handle
these costs, Mr, McDonald explained how the work could be handled,
On motion of Supervisor Cameron, seconded by Supervisor Madigan and
unanimously carried, Public Works was authorized to transfer $9,471.00
from Work Order No, 5117, for driveway modification work on the Skyway at
the Commercial Park project,
73-1695 AUTHORIZE CALL FOR BIAS FOR OROVILLE DISPOSAL OPERATION
Mr, McDonald stated that he had met with Mr. Simpson last night
to discuss the Oroville disposal operation, He said that the Simpsons were
willing to negotiate for the hauling of the garbage up to the Neal Road site,
Page 56.
October 30, 1973
______________ October=30,°2973=====-_-__-
Time spent discussing the 60-day notice of cancellation o£ the
present contract between the County of Butte and Mr. Simpson, Discussed
the possibility of operating on a day to day basis after the present
contract expires, Ca11 for bids discussed, It was felt that the rates
at the site would be increased,
On motion of Supervisor Gilman, seconded by Supervisor Madigan and
unanimously carried, call for bids for the Oroville disposal operation was
authorized, with the cancellation of contract clause to be changed from a
60 notice to a 90 day notice, with said contract to run for five years,
said contract to set out rates to be charged the users of the site.
RECESS: The Board recessed at 10;2p for an executive session.
RECONVENED: The Board reconvened at II:20 following an executive session and
the morning break.
73-1696 TAKEN :OEF,_A,G~ENDA; DISCUSSION OF DESIGNATION OF CERTAIN AREAS TO SHOOT
FROM LAKE OROVILLE
The appearance of Mr. Gene Mercer, secretary of the Butte County Fish
and Game Commission, to explain in greater detail matters concerning the
designation of certain areas to shoot from Lake Oroville was taken off the
agenda at this time, It was felt that the recommendation from the State Fish
and Game Commission should be finalized prior to the Board conducting
discussions on the matter,
73-1697 APPEARANC ' ,..-. ._.,-..,_.,..,;..,,-
E OF CHARLES HARVEY: REZONING PROBLEM
Mr, Charles Harvey spoke to the Board concerning a rezoning problem
in his area, He set out the background of the problem, There was a petition
for interim zoning for the area; interim A-3 was placed on part of this area.
Mr, Lawson, planning Director, set. out the area involved. Proposed or
requested zoning discussed, Mr, Lawson explained the Planning Commission's
thinking in this matter; this is fn the Chico area.
Chairman McKa.llop recommended that Mr, Harvey petition the County
for permanent zoning for his area and that he obtain 60% of the residents
in the area signature on the petition.
No action taken at this time,
73-1698 APPEARANCE. OF ROBERT, SORENSON, CHAIRMAN OF COMNff SSION ON SENIOR AFFAIRS:
SET OUT OPPOSITION TO AREA III SENIOR PLANNING PROJECT
Mr, Robert Sorenson, Chairman of the Commission on Senior Affairs,
said he felt it was his duty to present the opposition to the Area III Senior
Planning Project. He felt the vote by two of the members of the Commission
on Senior Affairs should not be counted, as they are directors of the
Area III Project,
Mrs. Ann Conrad also stated that two of the members were present
at the meeting in a dual capacity,
Mrs. DorothyThresher, Gridley, stated she is on the committee,
She felt there should be more information on the Area III Senior Planning
Project,
Area ITI Senior planning project discussed, The Administrative Officer
was requested to have a representative from the California Commission on aging
Page 57.
October 30, 1973
_====_a~==o_=~~Qctober30~ 1973=~==~_
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appear before the Board and present some in-put on the project, It was
stated that Area ITT project is a study of four counties of the needs of senior
citizens,
Supervisor Ladd opposed the study; he said the felt that it is the
duty of every citizen to oppose spending money for something that they cannot
see any good coming from it. Mrs. Marjorie Cox, Paradise, endorsed Supervisor
Ladds'statement,
No action taken at this time.
73-1699 APPEARANCE: MR, WILLIAM TOMKINS PARADISE
Mr. William Tomkins, Paradise, spoke to the Board about two ordinances
he would like to propose. One would be for disposal of new construction debri
and the other would concern the removal of both ends of tin cans and the
flattening of the cans. He asked if the Board thought there would be any
feasibility of these ordinances.
Suggestion discussed; no action taken,
73-1700 APPEARANCE,.OF. MR,,,Q,RRIN.STRAT.TON, PRESIDENT OF BUTTE COUNTY TAXPAYERS
ASSOCIATION: TREE ORDINANCE AND PROPOSITION I
Mr. Orrin Stratton, president of Butte County Taxpayers Association,
spoke to the Board concerning the proposed tree ordinance, He said he has
studied the proposed ordinance thoroughly. He feels that if passed, this
matter should be funded out of one of the special districts in Paradise,
He said the other objection that he had to the ordinance was that he felt it
would be an invasion of property owners privacy. He objected to the Board
endorsing the ordinance.
Mr, Stratton stated that the Taxpayers Association supports Proposition I
whole-heartedly, He said he feels that the matter has become a partisan issue;
he feels that the Board should refrain from making any recommendation on this
proposition,
73-1701 ADOPT ORDINANCE 1407 INTERIM ORDINANCE ZONING FEATHERVALE DRIVE AREA OROVILLE
Mr, Elmer Wells, Oroville, said he had a petition signed by 14 of the 20
property owners on Feathervale Drive, Oroville, They request that their area
be rezoned from A-2 to AR-MH. They also request a waiver of fees. Mr. Wells
set out the request and reasons for the requested rezoning. It was stated that
the petition has been presented to the Planning Commission, The residents are
requesting interim zoning to be adopted today. Request discussed.
Also appearing to discuss the request: Mr. Wilford Gohre, He
requested that the Board take action today by adopting the interim ordinance,
On motion of Supervisor Ladd, seconded by Supervisor Gilman and
unanimously carried, Ordinance 1407, an interim ordinance, zoning a portion
of the County as an AR-MH Distxict, was adopted for a 120 day period of time,
and the Chairman was authorized to sign.
RECESS: 12;15
Page 58,
October 30, 1973
October 30, 1973
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RECONVENED; 1:30 p,m,
73-1702 APPEARANCE: REV, INGMAR JACOBSEN, RE USE PERMIT FOR EVANGELICAL FREE CHURCH,
OROVILLE
Reverend Ingmar Jacobsen, o€ the Evangelical Free Church, Oroville,
appeared regarding a use permit for an addition to his church on Olive Highway,
He needs a use permit of.>which €he-Piannzng;Department has no previous record,
Matter discussed, Chairman McKillop stated that not all records of
use permits were being kept in 1962 when the church was originally built.
Supervisor Ladd felt it could be assumed that an original use permit was issued
and the church was operating with a proper use permit, It would seem likely
that the use permit was .misplaced, It was felt that a use permit would be
granted if Mr, Jacobsen had to go through the application procedure.
On motion of Supervisor Ladd, seconded by Supervisor Gilman and
unanimously carried, the public Works Department was instructed to issue
a building permit for the Evangelical Free Church, proville.
73-1703 DISCUSSION: PROPOSER TREE ORDINANCE FOR PARADISE AREA
At this time the public was granted time to present its feelings in
d J regard to the proposed Paradise area tree ordinance, Appearing;
+~~ 6~ 1, Helen Hilke, Paradise, She stated that the tree committee was
primarily concerned with the retention of the native trees in the area: She
felt that this is not a local problem, and the whole county could benefit from
the ordinance, The possibility of placing a limit on the number of trees cut
before a permit is required was discussed,
Chairman McKillop stated that it is the consensus of the Board that
this is a local problem, and the people of the Paradise area should pay for
the costs of the ordinance,
2. Dorothy Supke, Paradise, She agreed with Mrs, Hilke and urged
passage of the ordinance,
3. Bertha Smith, paradise, Mrs. Smith set out her feelings in support
of the tree ordinance, Mrs, Smith presented a petition of signatures supporting
the ordinance.
4, Henry Supke, Paradise. Mr. Supke felt trees are a national emergency,
and the Board should look into the future and adopt the ordinance,
5. Mrs, Albrecht, Yankee Hill, Mrs, Albrecht expressed her objections
to the proposed tree ordinance,
6, Jim Overholtzer, 34 Walen Road, Paradise, Mr, Overholtzer presented
a petition of 250 signatures of residents and taxpayers in paradise in opposition
to the tree ordinance and who requested that the Paradise Tree Advisory Committee
be dissolved,
7, Terry Swindle, apprentice tree surgeon from Paradise, expressed his
objections to the Tree Ordinance, ge felt the people in paradise realize the
value of trees, and it would be a waste of resources to have to apply for a permit
to remove trees, Emergency exception in ordinance discussed, Supervisor Cameron
stated that there is an emergency exception for trees where a permit would not
be required,
page 59,
October 30, 1973
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8. Marjorie Cox, Paradise. Mrs, Cox set out her objections to the
proposed ordinance,
9. Bob Wing, Paradise Tree Service, k~e felt classes should be held
regarding saving frees, which could save many trees each year, Mr. Wing
opposes the proposed ordinance.
10, Clinton Bennett, Clark Road, paradise, He expressed his feelings
in opposition to the ordinance,
11, Jim Shunner, paradise, appearing in opposition,
At this time the Board members set out their feelings concerning the
tree ordinance and tree committee, Dissolving Paradise Area Tree Advisory
Committee discussed,
It was moved by Supervisor Ladd and seconded by Supervisor Gilman
to disbars the paradise Area Tree Advisory Committee,
AYES: Supervisors Gilman and Ladd
NOES: Supervisors Cameron, Madigan and Chairman McKillop
MOTION FAILS
73-1704 DISCUSSION: PROPOSED ORDINANCE RE RECORDTNG OF NOTICES OF VIOLATION
CONCERNING LAND DIVISIONS AND SUBDIVISIONS
The proposed ordinance regarding recording of notices of violation
concerning land divisions and subdivisions was discussed at this time. Supervisor
Cameron felt that it should be in the ordinance that a representative from
County Counsel be included on the committee to hear the possible violations.
It was the consensus of the Board that this be included in the ordinance.
Neil McCabe, deputy county counsel, set out portions of the ordinance.
Ordinance discussed,
Jim Lawson, Planning Director, felt that maps that axe suspected of
violation be referred to County Counsel. Discussed,
Ordinance discussed, Neil McOabe stated that the Map Act requires
that the County have procedure for filing notices of violation. The public
health, safety and general welfare clause discussed.
Appeal period for appealing decision of the subdivision committee to the
Board of Supervisors discussed, It was felt that ten days from the date of
decision would be a sufficient time period.
Fee for application of certificate of compliance discussed, Neil McCabe
stated that the fee covers the costs of processing, It was agreed that a fee
of $10 would be sufficient for the certificate of compliance,
County Counsel will make the necessary changes in the proposed ordinance
and present it to the Board at their next meeting,
RECESS: 3;45 p,m.
RECONVENED: 4;00 p.m,
73-1705 BOARD REVIEW OF NOTICES OF INTENTION TO ABATE AND REMOVE VEHICLES:
ELMER AND ID JOHNSON
At this time the Board reviewed the notices of intention to abate and
remove vehicles owned by Ed Johnson, Butte County Disposal, and Elmer Johnson,
Page 60.
October 30, 1973
__ a a s a s a a a- ... a s ~c~oLe~ ~~~ ,~9Z3a a a a a a a a a a a a a a
Chico Butte Disposal.
Roy Pritchard, Public Works Department, set out the background
of the notices for vehicles at 451 and 455 East Ninth Avenue, Chico.
Elmer Johnson appeared on behalf of Ed Johnson and himself,
Mr, Johnson felt he could construct a fence to comply with the applicable
County ordinance, He felt he should be given ninety days to commence the
building of the fence. Mr, Johnson stated that he plans to relocate his
garbage business to another location east of Chico and could move the
vehicles to this location, He would need about 1200` of fence to enclose the
area,
Time limit discussed,
On motion of Supervisor Gilman, seconded by Supervisor Madigan and
unanimously carried, Mr, Johnson was allowed ninety days to commence building
a fence, which is to be completed in no more than six months and within that
period Mr, Johnson initiate proceedings for a use permit for his new location
of the garbage business. The hearing was also continued for no more than
120 days.
Mr. Johnson requested that he not be required to move one of the vehicles,
which is a hardtop racing car, The vehicle is operable, Discussed, It
was decided that because the vehicle is in operating condition, this request
is acceptable.
73-1706 DISCUSSION: TAHOE FIBERBOARD EXCHANGE
Mr. Berlin, forest supervisor, Lassen National Forest, was present
to speak to the Board regarding the Tahoe Fiberboard exchange, He felt this
exchange was a rare apportunity to put land in public ownership. He set
out the funds that Butte County will receive this year, He explained the
tremendous increase in income from the national forest in the past years,
The Board members set out their feelings in the matter, Supervisor
Cilman stated that the Nine Northern Counties Supervisors' Association
has endorsed this exchange, but objects to asking sixteen counties to share
in this to buy the land for the nation.
Mr, Berlin felt there should be some legislation to reimburse these
counties. He stated that Butte County will receive about $600,000 next year
and without the exchange would receive about $24,000 more,
Supervisor Madigan stated that the smaller counties cannot stand
this reduction.
Roads discussed, Mr, Berlin stated that the Forestry is now only
designing roads to get timber out of the forest and then closing the roads.
Mr, Britton, Plumas National Forest, stated that a year ago roads
were constructed with appropriate monies. Now they are charges as part of
timber sales. Mr, Britton stated he would bring data regarding roads to
the Board at a later date when he plans to appear before the group.
Page 61.
October 30, 1973
73-1.707 DISCUSSION: ADVANCE STEP HTRTNG FOR AIR QUALITY ENGINEER
C1if Nickelson explained the advance step hiring for an Air Quality
Engineer at the C step. ($4S1 bi-weekly) of range 23.0 as requested by the
CountyAgricultural Commissioner, Charles Charton has agreed to accept
the position effective November 1, 1973 if appointed at the C step of the
range.
Matter discussed, It was felt that the Personnel Director should
explain the reason far the advance step hiring. Action continued until
Personnel Director is present.
73-1708 APPROVE ADMINISTRATIVE ITEMS
On motion of Supervisor Camer, seconded by Supervisor Madigan and
unanimously carried, the following action was taken on Advinistrative items;
1, Authorized call for bids for typewriters to be opened in the
Purchasing Office on November 15, 1973 at 2;00 p,m, with report to the
Board November 20, 1973.
2, Approved contracts with Glenn County and authorized the Chairman to
sign, Two contracts have been prepared covering alcoholism counseling
services between Butte and Glenn Counties with the first one covering the
period July 1 to October 9 where Glenn County provides services to Butte
County. The second covering the period October 9, 1973 through 3une 30,
1974 is to cover Butte County's providing services to Glenn County for alcoholism
counseling, This was pxovided for in the Mental Health budget as adopted,
Contract approved by Auditor and Counsel.
3, Approved budget transfers:
8-16 Public Guardian, $700 from Salaries and wages - regular help
to extra help,
B-17 Chico Marshal, $400 from office expense to extra help.
73-1709 APPROVE TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL
Jim Lawson, planning director, set out the tentative parcel
maps which have been recommended for approval. The James Martin map
has been revised and a new map submitted, The number. of lots have been
reduced to two and is now recommended fox approval,
On motion of Supervisor Gilman, seconded by Supervisor Cameron and
unanimously carried, the following tentative parcel maps recommended for
approval were approved with the conditions of the Planning Commission and
the finding of a negative ETR.
1, V. H. Fulton, AP 54-171-37, 2 lots, north side of
Millwood Lane, east of Sawmill Road, Paradise.
Surveyor; Gary Lippincott
pursuant to the requirements of Section 20.3 of the Butte County
Code, the tentative parcel map of the above property has been reviewed by
the Butte County Subdivision Committee and the planning Commission.
The Subdivision Committee and the Planning Commission recommend
approval of the tentative map, subject to the following conditions;
1, Verify that the subject parcel was legally created prior to
March 4, 1972,
2, Verify the right to ise the.20 ft, on Millwood Lane.
Page 62, October 30, 1973
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A Negative Environmental Impact Declaration was filed with the
County Clerk on September 24, 1973,
2, H. C. Duncan, AP 40-15,11, 2 lots, east side of Lott Road,
north of Durham-Oroville Hwy,, Durham. Engineer;
Walter B, Crimes & Assoc,
Pursuant to the requirements of Section 20,3 of the Butte County Code,
the tentative parcel map of the above property has been reviewed by the
Butte County Subdivision Committee and the Planning Commission.
The Subdivision Committee and the Planning Commission recommend
approval of the tentative map, Subject to the following conditions;
1. Deed the right-of-way as shown,
2. "S-2" zone requires that Parcel 1 be a minimum of 1 acre,
exclusive of rights-of-way,
_. ~; _ ._ e ., .~ _
A Negative Environmental Impact Declaration was filed with the
County Clerk on September 24, 1973,
3, 3. L. Swain, AP 40-34-12 & 13, 4 lots, and of Paseo Companeros,
near Chico, Engineer; Walter B. Grimes & Assoc.
Pursuant to the requir®ments of Section 20.3 of the Butte County
Code, the tentative parcel map of the above property has been reviewed by the
Butte County Subdivision Committee and the Planning Commission,
The Subdivision Committee and the Planning Commission recommend
approval of the tentative map, with the same conditions placed on
tentative map when approved by the Board of Supervisors November 9, 1971.
Conditions;
1) Verify the right to use the 24 ft, easement and establish
an additional 18 ft, along the north property Iine.
2) Indicate a 50 ft, building set back line, measured from the
centerline of the easement on the north property line.
3) Relocate 15 ft, driveway - to be served from proposed easement
along north property line.
4) "Final" map to contain the following statement; "No further
division of these parcels shall be made until sixty feet of access if
provided to Paseo Companeros."
A Negative Environmental Impact Declaration was filed with the
CountyClerk on September 24, 1973,
4, Henry Southern, AP 36-05-68, 3 lots, on Wahoo Avenue,
off La Mirada Avenue, Oroville, Engineer; Kendall Engineering.
Pursuant to the requirements of Section 30.3 of the Butte County
Code, the tentative parcel map of the above property has been reviewed by
the Butte County Subdivision Committee and the Planning Cammission,
The Subdivision Committee and the planning Commission recommend
Page 63,
October 30, 1973
_ _ _ _ _ _ _ _ _ _ _ _ _ ~c~o~e~ COs ~,9.~3= _ _ _ _ _ _ _ _ _ _
approval of the tentative map, subject to the following conditions;
1) Deed to the County of Butte 30 ft, right-of-way measured from
the centerline of Wahoo Avenue.
2) Verify the 60 ft, right-of-way and right to use,
A negative Environmental Impact Declaration was filed with. the
CountyClerk on September 24, 1973.
5, Charles W. Bird, AP 31-233-08, 2 lots, west side of
6th Street, between Tehama and Colusa Avenues, Oroville.
Pursuant to the requirements of Section 20.3 of the Butte County
Code, the tentative parcel map of the above property..~'zas been reviewed
by the Butte County Subdivision Committee and the P7~a~ining Commission,
The Subdivision Committee and the Planning Commission recommend
approval of the tentative map, subject to the following conditions:
Lot 1.
1, Take an additional 20 ft. off Lot 2 (110' x 300') and add to
2, Show Yuba Avenue to the north and 15 ft, alley to the south.
3, Indicate a 50 ft, building setback line measured from the
centerline of Yuba fivenue,
A negative Environmental Impact Declaration was filed with the
County Clerk on September 17, 1973.
6. James Martin, AP 53-14-31, 2 lots, north side of
Bille Road, between Pebble Lane and Pentz-Magalia Tiwy,, Paradise
Surveyor; Cary Lippincott,
Pursuant to the requirements of Section 20,3 of the Butte County
Code, the tentative parcel map of the above property has been reviewed by
the Butte County Subdivision Committee and the Planning Commission.
The applicant has requested an exception to allow 30 ft. of access
instead of the required 60 ft.
The Subdivision Committee recommends denial of the tentative parcel
map, based on inadequate access,
The planning Commission recommends denial of the tentative
parcel map, based on inadequate access and hazardous driveway location
due to improper site distance.
If the exception is approved, the subdivision committee and
the Planning recommends the following conditions:
1, Verify the location of the septic tank system and relocate
if necessary,
2, Verify that the subject parcel was legally created prior to
March 4, 1972,
3, Indicate a 50 ft. building setback line measured from the
centerline of Bille Road,
4. Provide a cul-de-sac at the end of the right-of=way
to County standards, (Deleted)
A negative Environmental Impact Declaration was filed with the
County Clerk on April 24, 1973.
Page 64. October 30, 1973
-- - -- _ - _ _ _ _ _ _ _ _ ~c~obe~ 30= ~9I3= _ _ _ _ _ _ _ _ _ _ _ _
73-1710 REPORT: INTERIM ZONING FOR FOOTHILL RESIDENTS LEAGUE
'Jim Lawson, Planning Director, reported that the interim zoning
from "A-R" (agricultural-residential) to "S-2" (suburban-residential), Foothill
Residents League, Lynn Wixom, east of Oroville, will expire October 31, 1973.
There have been no petitions submitted to continue the interim zoning,
73-1711 APPROVE ADVANGE STEP HIRING E'OR AIR QUALITY ENGINEER
Jim Rackerby, personnel director, was present to discuss the
advance step hiring for an Air Quality Engineer. Butte County's range
is about 20% lower than what the:narket is bringing, Mr, Rackerby
explained the demand for Air Quality Engineers, He felt that in order
to hire a qualified person, the County must go to this step,
Possibility of 'renting" this engineer out to other counties
discussed.
On motion of Supervisor Gilman, seconded by Supervisor Cameron
and unanimously carried, the advance step hiring for an Air quality Engineer
at the C step of range 23,0 was authorized.
73-1712 DISCUSSION: AMENDMENTS TO COUNTY SALES AND USE TAX ORDINANCES AND NEW
AGREEMENT FOR STATE ADMINISTRATION OF LOCAL SALES AND USE TAXES
Neil McCabe, deputy county counsel, set out the amendments to county
sales and use tax ordinance and new agreement for state administration of
local sales and use taxes.
and
It was moved by Supervisor Gilman/ seconded by Supervisor Madigan
to adopt Ordinance 1408 amending Article II, Chapter 21 of the Code
of Butte County as enacted by Ordinance 564, and as amended by Ordinance
Nos. 731, 1101 and 1258, entitled sales and use tax, approve agreement-for
State administration of local sales and use taxea, adopt Resolution 73-179,
regarding administration of local sales and use taxes, and authorize
the Chairman to sign,
Supervisor Cameron felt more input should be given on this matter,
Matter continued until Jim Griffith, deputy county counsel, is present,
73-1713 AUTHORIZE NELSON AVE.. COUNTY LIBRARY TO BE UTILIZED BY DATA PROCESSING DEPT.
Tom Fox, architect, presented a proposal for-and ideas of- casts of
designing fees for remodeling the hospital for Data Processing. He felt the
south-wing of the County Hospital is less than desirable for DP. He explained
his proposal, He raised the possibility of using the hospital laundry
area or the County Library,
Hank Hindery, Data Processing Director, did not find the laundry
room suitable, He felt there would be a gross fragmentation of the DP
operation, He felt the library would be an ideal solution,
A representative was present, and set out the needs of the
Data Processing Department, He urged the Board to reconsider using the
library to house the DP department,
Supervisor Madigan felt that the library is the only logical
place for DP. Chairman McKillop did not feel the library was a good place for
DP. Clif Nickelson stated it would take about four or five months before
the library would be available for use,
Page 65.
October 30, 1973
____~______Qctober30s 1973=~~W a=~a~~~~~
Mr, Fox felt from a cost standpoint, the library is ideal. He
felt the library remodeling would cost about half of remodeling the hospital
laundry room, Supervisor Gilman felt with the kind of machinery that Butte
County has contracted, it would appear that it should be placed in
reasonable housing,
On motion of Supervisor Madigan, seconded by Supervisor Cameron and
unanimously carried, the utilization of the County Library on Nelson Avenue
by the Data Processing Department was authorized.
Moving Data Processing equipment into the library discussed,
The Univac representative stated that the Univac contract date could
be changed,
Proposal from Mr. Fox discussed. Mr. Fox will come back with a
proposal and cost for Board consideration. He will also work with County
Counsel on an agreement with a fee basis. The Board will also consider an
agreement with an hourly basis.
73-1714 DISCUSSION: TAHOE FIBREBOARD EXCHANGE (LAW SUIT REGARDING)
T' Supervisor Madigan stated that the fiber board exchange for
the Lassen National Forest will be the subject of discussion at the
Regional Council of Rural Counties on November 8. Matter discussed.
73-1715 ADOPT ORDINANCE 1408 AMENDING ARTICLE II, CHAPTER 21 OF CODE, ENTITLED
SALES AND USE TAX; ADOPT RESOLUTION 73-179 AND APPROVE AGREEMENT RE
ADMINISTRATION OF LOCAL SALES AND USE TAX
Jim Griffith, deputy county counsel, was present to discuss the
amendments to county sales and use tax ordinances and new agreement for
state administration of local sales and use taxes. He explained the
proposed amendments.
Roll call was taken on the motion of Supervisor Gilman, seconded
by Supervisor Madigan to adopt Ordinance 1408 amending Article II> Chapter 21
/ of the Code of Butte County as enacted by Ordinance 564, and as amended by
Ordinance Nos. 731, 1101 and 1258, entitled sales and use tax; approve
agreement and adopt Resolution 73-179 regarding the administration of local sales
and use taxes and authorized the Chairman to sign,
AYES: Supervisors Gilman, Ladd, Madigan and Chairman McKillop
NOES: None
ABSTAINING: Supervisor Cameron
73-1716 APPROVE APPOINTMENT OF TREASURER FOR OROVILLE-WYANDOTTE IRRIGATION DISTRICT
On motion of Supervisor Ladd, seconded by Supervisor Gilman and
unanimously carried, Haskel A, Mclnturf, 4630 Olive Highway, Oroville, was
appointed treasurer of the Oroville-Wyandotte Irrigation District, to fill
the unexpired term of Ruth Gillis, deceased.
73-1717 PUT OVER: RELEASE OF HOSPITAL BEDS
The release of hospital beds was put over to the next Board meeting.
73-1718 DISCUSSION: WORKMENS'~ COMPENSATION INSURANCE
Jim Rackerby, personnel director, explained the problem and expense
of presumptive liability of workmans' compensation insurance for peace officers.
He felt the County should request the Legislature to enact legislation to
put some sort of restraints on this program, The State Compensation
Insurance has proposed legislation to put a one year presumptive liability
for peace officers, Discussed,
Page 66,
October 30, 1973
_ _ _ _ _ _ _ ~ _ = _ =06t4b€r_3L ~_1~7~ o ~ o ~ ~ ~ _ _ - -
Mr, Rackerby and CountyCounsel will prepare a resolution on this
matter for Board consideration,
73-1719 DISCUSSION: JUVENILE HALL
Space for Juvenile Ha11 discussed, A committee of Supervisors
Cameron-and Ladd have been appointed to investigate this and bring a
recommendation to the Board,
No action taken,
73-1720 DISCUSSION: PROPOSITION I
Supervisor Cameron set out his feelings in opposition to Proposition I.
He stated that the County has experienced an election which changed the County
Charter to keep the County hospital, but without the funds to operate it.
If Proposition I passes, it would be a change in the State constitution,
He urged voters to read thettext of arguments in their ballot. He felt that
if this passes, it would have to go to election again in two years to change
the Constitution, because of the problems it would cause,
Supervisor Ladd supports the proposition,
Supervisor Gilman felt that if the people do not limit the amount
of spending to provide those services that ~?usiness want and need, the
money will be spent until the country is bankrupt, He hoped that the people
read the document, especially Articles 7 and 8.
Supervisor Madigan stated that hesis opposed to the proposition,
Matter discussed,
Ghairman McKillop agreed with supervisor Gilman as to the intent of
the proposition, but fie felt that SB 90 was good legislation that is
working in the government, He felt that the amendment is poorly written
and was angry that the state is having a special election for this, He
stated that he is opposed to the proposition,
73-1721 DISCUSSION: MENTAL HEALTH
Supervisor Cameron expressed his concern regarding the costs and
accounts receivable for Mental Health, He had requested the report from the
Auditor which has been submitted to the Board, He felt the Board should
study this and he will report back following the next Mental Health
Committee meeting on November 2~th.
73-1722 APPROVE APPOINTMENTS TO PERSONNEL APPEALS BOARD
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
unanimously carried, the following appointments were made to the Personnel Appeals
Board for the fiscal year 1973-74, and to expire June 30, 1974;
Dave Vasco, management representative
Dean Cofer, employee representative
Darrell Stevens, private sector representatives
73-1723 APPOINT GEORGE WALKER TO THE BIDWELL BiRK COMMITTEE
On motion of Supervisor Madigan, seconded by Supervisor Gilman and
unanimously carried, George Walker, Moraga Drive, Chico, was appointed a
member of the Bidwell Park Committee. Administration to notify Mr, Walker
of his appointment
ADJOURNMENT;
There being nothing further before the Board, the meeting was
adjourned at 6;15 p,m. to reconvene on Tuesday, ovember 13, 1973 at 9;00 a.m,
ATTEST: CLARK A, NELSON, COUNTY CLERK
BY: airman of the Board
Board of Sup visors Clerk
Page 67,
October 30, 1973