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HomeMy WebLinkAboutM111671November l6, 1971 S'AATId OF CA ~'IFORNLA ) SS, COUNTX OF BUT'PE ) The Board o~ Supervisors met at 9:00 a.mo pursuan~_ to adjournmento Present: Supervisors Gilman, Mad;_gan, Maxn~-, McKillop and Chairman Reynolds. Clifton Mickelson, Ad:ninis~rative Officer; Daniel Blackstock, County Counsel; and Clark A. Nelson, County Cler?c, by Margie Catt, Board of Supervisors Clerk. INVOCATION: Pa„tor ,To',:n C, Tinsman, Chico First Assembly of God Church Pledge of allegiance to the flag of the United States of America, 71-2088 APPR~JVAL OF MINUTdS On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, the minutes of November 9th and 11th, 1971 were approved as submitted. 71-2089 COMMUNICATIONS John Jaekel, Chico, Mr, Jaekel writes regarding the littered condition of South Avenue, the County's Data Processing Department, the problems in timber assessment, and requests that communications submitted by him be given the consideration to which he is entitled, Letter discussed, Mr. Miclkelson states the company has not stated their position, No action. Harold Petersen, Paradise. Mr, Petersen writes regarding what he contends are inequitable and discriminatory rates set by the Polio & Eo Company in different communities, Information only, Glenn B. Joesten, Yreka< Mr. Joesten writes regarding the low flow of water in Feather River due to the "theft" of water by southern counties via the California Water Project. Information only. Mrs. Gladys A. Keeney, Paradise. As owner of the Idlewild Mobilehome Park on Sawmill Road, Paradise, Mrso Keeney protests the amount of her property tax bill and states that this bill has brought her monthly income to below operating expenses for this business. Information only. Powell, Offutt & Coolidge. The Attorneys submit a claim for personal injuries based on the death of Deborah Jo Hutchison. See motion following communication. Stone and Bach. The Attorneys forward copy of letter addressed to the Director of Public Works regarding the acquisition of right of way for the prolongation of Bruce Road from East Eighth Street and Centennial to Highway 32, and involving property of Mxe and Mrs. Benedict. Referred to County Counsel and Public Works. Butte Creek Estates, Chico. Tobias Kelly, secretary, sends copy of letter addressed to the Butte Creek Covntry Club, Mr. Robert Lincoln and Mr. Joe Lantsberger changing the date for meeting on the zoning of property in the area to Tuesday, November 16, 1971 at 7:30 p.m. at the Butte Creek Country Clubo Information only. Butte County Law Libraryo Margaret Walsh, secretary, forwards copy of the Law Library annual report as required by law, Information onlyo Covnty of San Bernardino. Mr, Daniel Do Mikesell, vice chairman of the board of supervisors, writes to thank this Board for any efforts which were made to support the Governor signing of Senate Bill 325. Information onlyo Page 191. November 16, 1971 Nnv:~r~bcr 7.6, :1.977. State I~ nds 17 i.~rision. 5'ize llivision .; r.i_les rc~,~arcii.ng i:he environmental i.r~%^c l- el= its proposed lease of state a~ailcd tidr_ end submerged lands azid requests co~;nents prior to January 7.2, 19720 ?'he project in cluestien is a wrier pollution contro]. plant modifications west of City of Chico approxi.matel.y three miles west on River Roado Referred to Heal.tl~ Department. State Board of I:qualiz~a.9~on, The State Board advises that because of the reduced cost rate for administration of the sales and use tax by the State Board the County of Butte will receive a pro rata fund of the savii:zgs amounting to $172,40, Information only. State Reclamation Board. T'ne Board advises that the matter of the Butte Basin nonproject ].etees postponed from October 22, 1971 will be heard by the I~cc7.amation T,oard at i.ts November 19, 1971 meeting in Sacramento, Information anly. Keith Bocaeno Appeal on decision made by Planning Commission on Thursday, November 11, 197]., concerning FTilliam Retzer, rezoning from "S-1" to "},-2", south of Syndi Circle, Chico. Set for hearing on December 7, 1971 at 7.1:00 a~mo Robert Bo Lutz, Attorney at lawn Request of Piro and Mrs. Clarence L, Sells, for relief under Section 20-41 of County Code, for issuance of a Septic tank and trailer permi_te Referred to County Counsel and Director of Public [Works, Fred De Aisthorpee Formal. complaint on a lot located on South east corner of Rio i.indo & Esplanade. Also letter complaining about the discing of lots on Cummings Roacl, Durhamo Work by county assessed to property owner. Letters referred to Don Blacko Smith, Hanna, de Bruin :~ Yee, attorneys at Law, representing Nicolas Lopez, Glai,n in the amount of $7.,300,000, See motion fol7.owi_ng communications. Floyd D, Mcilary. Request for variance for the granting of a septic tank permit, for a parcel of land on Clark [?ay, LP, Lassen ave., Clii.coo See motion folJ.ozzi_ng communications o 71-2090 REJECT7:ON OF CLATpt; DEBORAll J _HUTC1lIS0;`I On motion of Supervisor ~Ic1:i.11op, seconded by Supervisor Gilman and unanimously carried, the claim of ldilbur Eo Hutchison and Petty J, Hutchison for the death of their minor daughter, Deborah Jo Hutchison, was denied, amount of claim being in the amount of $500,000, plus burial and other expenses in the amount of $5,000, and the claim Baas referred to County Counsel. 71-2091 CLAIM U:~ NICOLAS LOPEZ RFFER.ZED TO COUNT'L COUNSiiL On motion of Supervisor McKillop, seconded by Supervisor Maxon and unaviimouSly carried, the claim o` Nicolas Lopez in the amount of $1,300,00 was referred to County Counsel to a:vise the claimant the County cannot determine in what manner the County is liable. 71-2092 APPROVE GRANTING OF VARIAidCE FOR FLOYD D. MC NARY, CLARK WAY, CHICO Request of Floyd De Mchlary explained by Clay Castleberry, Director of Public Works. Mr. Castleberry said the variance is weeded for access. Mr. McNary has given the 30' on his side, Mr. Castleberry said it would be in order to issue the permit with the understanding that if the neighbor proposes to develop his property, he would give the other 5' needed for the accesso It was moved by Supervisor Gilman, seconded by Supervisor Maxon and unanimously carried that a variance be granted to Floyd D. McNary and~~thert septic tank permit be issued for property located on Parcel ~~2 (AP 44-05-52}, on Clark Way, a private road off W. Lassen Avenue, subject to a 55' access being available today, 30' given by the applicant and 25' by the adjacent property owner, and that until the other 5 feet needed fox the 60' access is deeded by the property owner on the other side, this owner will not be allowed to parcel-his property for future development. Page 192, November 16, 1971 November 16, 1971 RECESS: The Board recessed at 9:30 aomo to go into an executive sessiono RECONVENED: The Board reconvened at 9:45 following an executive sessiono 71-2093 CHAIRMAN AUTHORIZED TO SIGN RELEASE OF CLAIM, MERRITT Fo SMITH FOR DAMAGE TO COUNTY BRIDGE ON ORD FERRY ROAD, CHICO On motion of Supervisor Gilman, seconded by Supervisor Madigan and unanimously carried, the offer of $3,945003 of Merritt Fa Smith for damage to county bridge on Ord Ferry Road, neax Chico, was accepted and the Chairman was authorized to sign the Release of Claim, 71-2094 APPEARANCE OF COUNTY ASSESSOR: ASSESSMENT OF ORCHARD TREES Dave Vasco, county assessor, spoke on the assessment of orchard trees throughout the Countyo He stated that the market indicates that the prune and peach market is bad; it is declining in value, Mr, Vasco stated he was going to meet with the representatives of the Farm Bureau and seven County Assessorsa There will be a night meeting with the growers to receive their views so the County can make a better determination of what the value of the trees wi1T be next yearn Mro Vasco stated that it was a possibility that there will be a reduction in the assessments next yearn He said that some of the orchards are being pulled9 this will affect the value of the lands Chairman Reynolds said he would like to be informed of the dates when the night meetings are to be heldo Matter discussed; no action takeno 71-2095 APPEARANCE OF WILFORD BARMAN, CHICO: REQUEST FOR RESOLUTION TO RESTORE STAFF OF RECLAMATION BOARD Wilford Barman, Chico, presented the highlights of what the Reclamation Board has been doing in Butte County, He said they are striving to do a good john He said that one of the problems before the Reclamation Board is the flooding in the Butte Basin areas In 1964 the Reclamation Board adopted a Master Plan to propose the construction of a By-pass in that area, There has not been any action since that timed He said it has been found that it is feasible to build dams; the dams could be constructed and stop the water that is going down the river, and give protection to the people along these areaso He said that one of the things that could be done to get immediate relief would be to construct an east side levee on the Sacramento River from the end of the project and extend northward to Chico landings Mro Barman explained how the project would work, Time spent discussing the projects proposed by the Reclamation Board, Mro Barman said the staff of the Reclamation Board was taken away by a manuever of the Senate Finance Committee, It was directed that the money go to the Department of Water Resources for the additional studyo The staff that was taken from the Reclamation Board was placed in the Department of Water Resourceso Mro Barman said the Reclamation Board was helpless because they are without money to make the additional studies, Mr, Barman recommended that this Board, because of the present situation, adopt two resolutions and ser.': i-hem to Assemblyman Johnson, Senator Marler and to the Governor requesting that they institute legislation to allow the Reclamation Board to get on with their works Mro Barman said the proposed study is needed, It must be established that the existing Levees are capable of carrying the additional water, The resolutions should urge that funds be apprnpriated to implement the studyo Request discusseda The Board informed Mr, Barman that the Board has semi many resolutions regarding the Cottonwood projects T"~y said this matter has been discussed by Board members many times on their trips to Sacramento, They said that the Board will be watching this matter and that if they could be of service they will help in any way that they possibly Page 1930 November 16, 1971 November 1b1 1971 can. No action taken at this time. Mr. Robert Britton Chico, asked questions about the presentation of Mr, Barman. He said the Sacramento River has flooded for year why go to the trouble to try and contain the River. 71-2096 APPEARANCE: MR. WILLIAM THOMPKINS, PARADISE ~Mr, William Thompkins, Paradise, requested clarification of the $50 fee required for zoning requestea He set out the ordinance regulating this matter, Matter discussed; no action taken at this timed 71-2097APPEARANCE: MRSo DOROTHY PARADIS;,_ OROVILLE Mrs, Dorothy Paradis, Oroville, asked how long one has to advertise property at the cash value as placed on the roll and how many offers would have to be received before the taxes on the property could be reduced. She explained her request. County Counsel stated that the assessed value is 25% of the value of the property. Mr. Blackstock explained horn the matter is handled, No action taken. 71-2098 APPROVE THE AGREEMENT WITH "THE BRIDGE" On November 9th, 1971, the Board requested that Dr. Maguire, Dr, Heindl and the director of "The Bridge" appear to discuss the necessity of the agreement with the "The Bridge", the services performed under the contract, what coordination is being obtained between various agencies dealing with the drug problem and a report on the general status of the drug abuse control program, Dr. Maguire also reported at this time on the alcoholism program, He said this person has a psychological social problem; this person is seen by the psychiatrist. They also have a follow-up or aftercare group that meets Wednesday evenings, This is for the patients that have been released from the hospital, Dr, Maguire said they hope to develop other programs far the alcoholic; he hopes to develop a program for stay in private institutions where it would be unwise for the patient to return to his usual environment. Alcoholic programs explained in detail. Dr. Maguire said that with the agreement with "The Bridge" they would be able to have wider contact with the alcoholics and the drug abusers, The agreement would provide 24 hour availability of trained persons to go to the hospital emergency room and give counseling. "The Bridge" would be able to offer individual and group counseling to these people. Dr. Heindl said as she understood the request she was being asked to comment on the general status of the drug abuse program. She stated that there is coordination of effort and they do share personnel, They work closely with the Mental Health Services. They work with the people involved. She presented copies of her quarterly report being sent to CCCJ to the Board members, Dr. Heindl seC out the personnel working on this matter. They have developed a method of approach to these drug users. She said it was hoped that they would be able to give alternatives to the youths so that they will not have to turn to drugs, Contacts with the youths set out. Dr. Heindl said they were not working at all the schools, She explained how the contacts work concerning drug abusers. She said the Bridge will respond on a 24-hour basis. Results of the present program discussed, Dr, Heindl said there were people that are involved both with alcohol and drugs. She said that most of the alcoholics are in the older group and the drug users are mostly the younger peopled It was moved by Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried that the agreement with "The Bridge" be approved and the Chairman authorized to sign, Page 194, November 16, 1971 November 16,_1971 _ 71-2099 PUBLIC HEARING: PROPOSED REZONING FROM °A-2" (GENERAL) TO "A-R" AGRICULTURAL-RESIDENTIAL) DISTRICT: FROM "A-2" TO "R-4" AND FROM "A-2" TO "C-2" ( GENERAL COMMERCIAL)-EAST AVENUE EXTENSION The public hearing was held as advertised on the following proposed rezonings: 1. From "A-2" (general) to "A-R" (agricultural-residential) district for an area generally de:>cribed 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 Lindo 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, 2. 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, Chicoo 3o From "A-2" (general) to "C-2" (general commercial) district, for an area generally described as b60 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, Jim Lawson, Planning Director, summarized the actions of the Planning Commission. This rezoning was initiated by the Planning Commission. Three public hearings were held; there was good participation at these hearings, This rezoning has been endorsed by the Chico Planning Commission. Area involved set out by Mr. Lawsono Area to be deleted set out and discussed. Time spent discussing the proposed zoning, Hearing opened to the public. Appearing in opposition: Mr, Grayson Price, attorney at law, Chico, representing Mr. Stileso Mr. Stiles appealed the decision of the Planning Commission. Mr. Grayson set out their opposition to the proposed rezoning, Mr, Grayson stated that they objected to the R-4 zoning off the C-2 zoning. They feel that this proposed rezoning does not make sense. Appearing in favor: 1. Mr, Ray Mathews, realtor, stated that he was in agreement with the Planning Commission. He said they felt there was a need for the A-R zoning and for R-G zoning, 2, Mr, Robert Britton , Chico. 3. Mr. John Stutz, Morehead Ave,, Chicoo Hearing closed to the public and confined to the Board for discussion. Board members questioned Mr, Lawson about the proposed rezoning areas, Uses of the property in the area set out. Discussed commercial zoning in the area, Chairman Reynolds said he felt that the area being left "A-2" should be rezoned. On motion of Supervisor Gilman, seconded by Supervisor Mclrillop and carried, the above proposed rezonings were approved, subject to the area zoned R-4 being included within the C-2 area, and the matter was referred back to the Planning Commission for study and consideration of the Board's Rage 195. November 16, 1971 November 16, 1971 =mW ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ - ~ - ~ - recommendation. AYES: Supervisors Gilman, Madigan and McKillop NOES: Supervisor Maxon and Chairman Reynolds RECESS: 12;15 RECONVENED: 1:30 71-2100 APPROVE SATISFACTION OF MORTGAGE Qn motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, the Chairman was authorized to sign the Satisfaction of Mortgage satisfying that certain mortgage dated October 16th, 1968, made and executed by Gerald Lo and Ruby L, Goodwin, as mortgagor, to the County of Butte, as mortgagee, 71-2101 APPROVE SPECIAL BHT RATES FOR WELFARE DIRECTOR On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, special BHI rates were approved for the Welfare Director as follocas: (1) Case No. 04-40-4557 for a one month only increase of $25 making a total rate for this one month of $118. (2) Case Noo 04-40-7873 a rate of $200 a month effective November 1, 1971 for a mentally retarded case which needs more than normal supervision in medication and other areas. 71-2102 DEFER ACTION ON ADVANCE TO BUTTE COUNTY HOSPITAL At the last meeting of the Board of Trustees of the Butte County Hospital a request was made for the Administrative Office to present the need Eor a loan in the amount of $75,000 to be made irrnnediately in order that the Hospital payroll of Novemhar ~L could be mete Ev Bosworth gave a run-down on the request. Clff Nickelson, Administrative Officer,explained the loan. Supervisor Maxon asked if it was really a loan or another advance- ment. Mr. Bosworth said it was an advance against the hospital receivablese Supervisor Maxon said he would like to have Mr. Seely, County Auditor, state that the loan is necessary this week. D. CoSwinney, Treasurer, F. Herb Seely, Auditor, and Bill Lawrence, assistant Auditor, present to discuss the request for the loan. It was asked if the tax anticipated notes could be used to finance the hospital indebtedness. Mr. Swinney stated that the money could be placed in the General Fund and then could be used for this operation. Mr. Seely stated that the only way to take care of the budgetary problem was to make a transfer from the Reserve for contingency. Mr, Seely stated that the loan was not an absolute necessity today; he would recommend that the Board delay the loan one week, On motian of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the advance to the Butte County Hospital was deferred for one week, on their request fora loan of $75,000, 71-2103 ADOPT RESOLUTIONS 7i-284 71-285 and 71-286 SALE OF TAX DEEDED PROPERTY On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, the following resolutiox~ were adopted and the Chairman was authorized to sign: Resolution 71-284, sale of AP 041-27-0-001-0 located in Oregon City at a minimum price of $210050 Resolution 71-285, sale of AP 5$-10-20, which is mineral interest only with a minimum price of $90 Page 19ba November 16, 1971 November 161 1971 Resolution 71-286, sale of tax deeded parcel No. AP 004-12-1-003-0, located at 721 Wo 3rd St., Chico, for a minimum price of $2,995, which would reverse the action taken by the Board last week. 71-2104 PUBLIC HEARING:INTERIM ZONING FOR BUTTE COLLEGE SITE AREA The public hearing for interim zoning for Butte College site area was held as advertisedo Jim Lawson, Planning Director, summarized the action of the Planning Commission in this matter, He stated that they have not been able to complete the permanent zoning for this area. The interim zoning has expired, Dan Blackstock, Hounty Counsel, stated that the Government Code calls for a 90 day interim zoningo He said he would recommend that the Board direct the Planning Commission to make this a straight 90 i3ay ordinance, He said he would recommend that the Board go ahead with the public hearing since it has been advertisedo Zoning discussedo It was felt the zoning ordinance could be adopted today for the 90-day period and direct the Planning Commission to study the ordinance and bring it backs The Planning Commission should immediately apply for an extension of the interim zoning. This would be an interim A~-3 zone. Hearing opened to the public. Appearing in favor: 1. Peter De Breeze, Park Vista Drive, Chicoo He stated that Butte Junior College had approved the interim ordinance and they have the approval of all the property owners in the area. Hearing closed to the public and confined to the Board, 71-2105 ADOPT ORDINANCE N0. 1212 INTERIM A-3 ZONING BUTTE COLLEGE SITE AREA On motion of Supervisor McKillop, seconded by Supervisor Madigan and carried, Ordinance No. 3212 an interim ordinance zoning a portion of the County an "A-3" (agricultural) district, was adopted, the Chairman was authorized to sign said ordinance; changing the period of time for said ordinance to 90 days rather than the 18O days set out in the ordinance9 refer the ordiaance back to the Planning Commission to amend the ordinance concerning the 90 day period and to delete the 30 play clause and a hearing was set for December 7, 1971 at 11:00 a,m, for the approving of an extension of time for this interim ordinance, AXES: Supervisors Gilman, Madigan, McKillop and Chairman Reynolds NOES: Supervisor Maxona 71-2105 PUBLIC HEARINGS SET ON PLANNING MATTERS Public hearings ware set for November 30, 1971 at 11:00 a.m. on the following: 1o Seco Enterprises, Inc. - proposed rezoning from "A-R" (agricultural- residential) to "PA-C" {planned area-cluster) district to allow construction of a 188 unit multiple family complex, on property described as located on the south side of Lower Wyandotte Road, approximately 1/4 mile east of ?)Vandotte Avenue, identified as AP 34-35-30, Oroville. 2, Butte County Planning Commission initiated-proposed rezoning from "A-2" (general), "A-R" (agricultural-residential), "AR-1" (agricultural residential), "R-1" {single-family residential), "RT-1" (minimum density residential-trailer), and "PA-C" (planned area-cluster) districts, to "S'1" (minimum density suburban residential), "S-2" (medium density suburban resi- dential) and "A-3" (agricultural) districts, for that property described as the West Chico Study area. Page 197. November 16, 1971 _-_-_____~____ November 16:1971_______________ 3. A proposed ordinance amending Chapter Z0, Butte County Code, pertaining to setback lines and zones and the regulations therefore, 71-2106 AUTHORIZE THE DIRECTOR OF PLANNING TO HIRE ZONING INSPECTOR Supervisor Gilman said he still sees many mobile homes being placed on property where there are other homes or other mobile homes. It was asked who should determine whether these homes are for agricultural workers. Mr, Lawson explained how these matters were being handled. Time spent discussing the problem of placing mobile homes on property for use by agricultural workers, Mr. Lawson said they were at a point now where they could start interviewing people for the position of zoning inspector. Zoning matters discussed, Supervisor McKillop suggested that this matter be referred back to the Planning Commission for study and recommendation for the regulations concerning placing of mobile homes on agricultural property. On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, the Planning Director was directed to proceed with the hiring of the zoning inspector at this timed Mro Lawson said they have a car for the zoning inspectoro It is not in good shape and they will probably be approaching the Board to replace the automobile or authorize an over-haul of the present car, No action taken at this timed 71-2107 HEARING SET ON APPEAL OF KEITH BOWEN, REZONING REQUEST OF WILLIAM RETZEIi The letter from Keith Bowen appealing the decision of the Planning Commission for a rezoning request of William Retzer discussed, Hearing set for December 7th, 1971 at 11:00 nom, 71-2108 APPEARANCE OF MRS, BEST: PROBLEM OF PROPERTY IN THE WEST PARADISE AREA Mrs, Katherine Best appeared before the Board on the subject of the west Paradise area, She felt that too much time was dragging in this problem. She said the developers were hauling gravel onto the property, She set forth how she had been handling the situation. The Board had ordered the end of Valley View Drive barricadedo Mre Castleberry said that last week he had found out that there was an easement in existence. Matter of easement discussed, County Counsel is working on an injunction aC this time. County Counsel said he felt he could handle this problem better by the filing of the suit rather than barricading the road. County Counsel stated he would not recommend that the barricade be put up; they would be orf no use to the County. Chairman Reynolds asked when the suit would be ready. County Counsel said he hoped to have it ready by the end of this week. All he needs now is a record check-a review of how the title flows. Mr. Blackstock said the law suit would resolve the problem. Public Works was requested to hold up on fihe issuing of building permits. Mrs. Best asked if the County could adopt an ordinance that would control the four-way splitso Matter discussed, No action taken at this timed -- 71-2109 APPROVE NOTICE OF COMPLETION PARADISE PINES ~F'3 On motion of Supervisor Maxon, seconded by Supervisor Gilman and unanimously carried, the work of Butte Creek Rack Coo for the Paradise Pines Assessment District Unit No, 3 was accepted, the Chairman was authorized to sign the Notice of Completion and approval was given for Change Orders No, 1, 3, 4, 7, 8 and 9, and Chairman authorized to sign, 71-2110 APPROVE AMENDED FINAL MAP OF FRONTIER VILLAGE On motion of Supervisor Reynolds, seconded by Supervisor Maxon and unanimously carried, the amended final map of Frontier Village (10 lots, Cohasset Road, Chico) was approved to show a 25' leach field exclusion area. Page 198a rTnvember 16 1871 November 16,, 1971 _ 71-2111 APPROVE RELEASE OF UNUSED BALANCE FOR PARADISE PINES ASSESSMENT DISTRICT UNITS 1 & 2 Clay Castleberry, Director of Public Works, reported that Murray and McCormick deposited $34,000 to cover the estimated cost of the additional quantities with the understanding that any balance in the construction funds after completion of the project, up to the $34,000 amount, would be refunded, Matter discussed. On motion of Supervisor Maxon, seconded by Supervisor Gilman and unanimously carried,release of the unused balance in the amount of $21,643005 was authorized payable to Murray and McCormick, on their deposit of $34,000 for the Paradise Pines Assessment District ~kl (units 1 & 2), 71-2112 APPROVE AGREEMENT AND PLANS AND SPECIFICATIONS: GOLDEN FEATHER FAIR RESTROOM CONSTRUCTION On motion of Supervisor Reynolds, seconded by Supervisor McKillop and unanimously carried, the agreement between County of Butte and Don Long and Associates for engineering was approvedT plans and specifications for the Golden Feather Fair restroom construction was approved, wage scale adopted and call €or bid authorized, with bids to be opened December 16, 1971 at 11:00 aom, in the Public W:~rks office; agreement approved for engineering with Long and Associates with fee schedules set at restrooms $1,250 and fencing $350. 71-2113 APPROVE CHANGE ORDERS FOR LIME TREA'T`MENT OF VARIOUS COUNTY ROADS: APPROVE FILING OF NOTICES OF COMPLETION OF LIME TREATMENT OF FOOTHILL BLVD. AND HILLDALE AVENUE On motion of Supervisor Reynolds, seconded by Supervisor McKillop and unanimously carried, the following action was taken: 1. Approved Change Orders No. 1 in the increasing amount of $469.64 which provides for adding and hauling water for the asphalt emulsion curing seal for the lime treatment of various Butte County roads-LT 71-1 and Change Order No, 2 in the increasing amount of $824.97 which provides for fog sealing all the new pavements under said project number and the Chair- man was authorized to signo 2. Accepted the work of Robinson Construction Ca., Tnc, for the lime treatment and paving of: Fourth St., Richvale West Road, White Drive and Goodspeed-Watt Road; authorized the Chairman to sign the Notice of Completion for said work and instructed the Clerk to record said notices of completion with the County Recorder, Accepted the work of Golden Center Construction Inc, for the reconstruction of (1) Foothill Blvd, from Oro-Bangor Hwy, to 300+ feet south of Olive Hwyo and (2) Hilldale Ave. 100+ feet west of Glen Avenue intersection to Foothill Blvd,; authorized the Chairman to sign the Notice of Completion and instructed the Clerk to record said Notice with the County Recorder, 71-2114 ADOPT RESOLUTION 71-287, IN RE PARKING ON CERTAIN COUNTY HIGHWAY IN THE COUNTY OF BUTTE: LAS PLUMAS AVENUE On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, Resolution 71-287 in re no parking on Las Plumes Avenue, in front of Las Plumes High School, was adopted and the Chairman was authorized to signo 71-2115 ACCEPTANCE OF DEEDS AND APP ROVAL OF AGREEMENT FOR SALE, RIGHT OF WAY AC4UISITIONS On motion of Supervisor Maxon, seconded by Supervisor McKillop and Page 199. November 16, 1971 Noyember_16,_1977. unanimously carried, the following action was taken; 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: Muir Avenue 54153-68-1 Imhoff 0.320 ac. $1,095000 $60 impr, Total $1,155 2, Accepted deeds for the following and authorized the Chairman to sign certificates of acceptance; ~'orbestown Road FAS 759(4) Pcl, 5 M, Dawson 'r " -" 3 C, Prine Skyway 51261-70-2 Pcla 26 Vandergrift Hudson Whitney Corpo Balsam Meadows Parcel map - Concow Road (Corporation deed) 71-2116 APPROt;AL OF REQUEST FOR CHANGE IN BUDGET RE EDA GRANT FOR GEORGIA-PACIFIC ACCESS ROAD The claim for extended services by Cook Associates which was approved by the Boasd at the October 5, 1971 meeting has been verbally approved by EDA with the following exception: two items (additional engineering inspection and general administration fees) should be charged to line item for architectural and engineering under the budget. To satisfy EDW, County must request transfer of funds from project contingency line item to A&E line item, Request discussed, On motion of Supervisor 11cKillop, seconded by Supervisor Gilman and unanimously carried, the Soard approved the classification change request in the amount of $1,770 and authorized the Chairman to sign the letter of requesto 71-2117 AUTHORIZE POSTING OF SIGN ADJACENT TO LIME SADDLE BOAT RAMP On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, the Soard autharized the posting of a sign adjacent to the boat ramp at Lime Saddle indicating "no parking on ramp" for information and enforcement purposes. 71-2118 REPORT TO BOARD ON BID RESULTS: LARKIN ROAD PROJECT AWARD OF BTD TO HERTELL CONSTRUCTION COMPANY Clay Castleberry, Director of Public Works, reported on the bid. results for the Larkin Road project. He stated that Hertell Construction Company was the low bidder. They were under the estimate, Mr, Castlberry stated that the road would be closed during construction. Bids discussed. On motion of Supervisor Reynolds, seconded by Supervisor Maxon and unanimously carried, the bid of Hertell Construction Co, for the Larkin Road project was accepted in the amount of $27,619 and the Chairman was authorized to sign the contract, 71-2119 REPORT TO BOARD ON MR. NIELSEN'S UESTIONS-ELLIOTT ROAD EXTENSION AREA Mra Castleberry reported to the Board on Mr. Nielsen's questions concerning the Elliott Road extension area. He said he had informed Mro Nielsen that he was advising the Board not to place the barricades on the road, Mr. Nielsen seemed pleased that the barricade would not be necessary at this time. 71-2120 REPORT ON MR. STYLES RIGHT OF WAY CONCERNING EAST AVENI7E EXTENSION REZONING Mr, Castleberry-reported that he had checked Mro Stiles' right-of-way as discussed during the public hearing, There is a 15' right-of-way, plus the 10' standard utility easement. The easement is along the south edge of the propertya The Board requested that Mr. Castleberry pass this information along to the Planning Commission. 71-2121 APPROVE RE UEST FOR THREE MOBILE RADIOS POR AG. COMMISSIONER & ATR POLLUTION Last week the Purchasing Agent reported on the bids for three mobile radios for the Ag Commissioner and Air Pollution Control Department, The Board requested that Mr, Black appear to explain the need and justification fox ------ ---====~ov~mher16319Z1=====____________ the radios, Mr, Black appeared at this times Mro Black requested that December 14th be set for a public hearing relative to the adoption of Rules and regulations concerning air pollution. Request discussed, The State Air Resources Board has requested that these rules be given to them by January 1st for filing with the State. County Counsel stated that the hearing could not possibly be held on December 14th. Time snPnt discussing time to hold this required hearing, County Counsel said he could not prepare them in time for the December 14th date. Hearing set for December 14th, 1971 at 1:30 pom. Mro Blackstock explained what would have to be done to prepare these rules. Mr. Black attempted to justify the need for the three mobile radios, He feels that he needs close contact with his peopled Time spent discussing the need for the radios. Issuance of permits area big problem in the field; they could readily receive information from the office with these radios. Mr. Nickelson stated that in the long run, these radios would pay off. Mr. Black said that if fires are allowed to burn on a "No burn" day, the State air pollution board would come in and control the burns for the countyo He thin?cs this expenditure for the radios is the cheapest way out of this problem. Nr. Nickelson explained how they had investigated the matter of communications in the other counties. The radios would eliminate new employees. The funds are within the budget. On motion of Supervisor Reynolds, seconded by Supervisor Madigan and carried, purchase of three mobile radios for the Ag Commissioner and Air Pollution Control Department was authorized at a cost of $2537.85, from General Electric, the low biddero AYES: Supervisors Gilman, Madigan, McKillop and Chairman Reynolds NOES: Supervisor Maxon 71-2122 ADMINISTRATIVE OFFICER TO INFORM EMERGENCY MEDICAL SERVICES COMMCTTEE OFFICIALLY THAT STUDY OF AMBULANCE SERVICES W2THTN COUNTY IS REQUESTED The City of Chico has had conversations with the ambulance operator in the Chico area regarding certain problems involving the City and surrounding area and possibly the entire countyo At a City Council finance and facilities committee meeting attended by two Supervisors and a representative of the Administrative Office, it was recommended by the County that this subject would, be a proper consideration for the County's Emergency Medical Services Committee, which is headed by Dro Heindl and whose entire membership is appointed by the Board of Supervisors, It was requested that the Administrative Officer be authorized to inform the Emergency Medical Services Committee officially that study of this problem on a countywide basis is requested, On motion of Supervisor Madigan, seconded by Supervisor Gilman and unanimously carried, the Administrative Officer was authorized to inform the Emergency Medical Services Committee officially that study of this problem on a countywide basis is requested. 71-2123 DISCUSSION: AMOUNT OF SUBVENTION TO SUPERIOR CALIFORNIA COMPREHENSIVE HEALTH PLANNING ASSOCIATION FOR THE 1972 CALENDAR YEAR At budget time a request from the Superior California Comprehensive Health Planning Association for county subvention was presented to the Board. This item was to be discussed in conjunction with the Butte County Hospital Budget. A determination was not made as to the amount of the subvention at that time. The previous years subvention was in the mount of $2,000 and was paid from professional and specialized services account in the Hospital budget. The Association requests Butte County to provide $4,108 subvention for the 1972 calendar year as its pro rata share of a total subvention need of $18,000 which is shared by twelve counties, Page 2010 November 16, 1971 Nwem~~:--~ i 1 19_r'1 Cliff Nickelson, Administrative Officer, explained the requeste Mr, Nickelson asked if the funds should be taken from the County hospital budget or from the Reserve for Conti.~gencyo Supervisor McKillop said that local people have to participate in comprehensive health planningo The people who serve on this Board are not paidoThey do have a paid staff to do researcho A great deal of time is spent doing research, There is a Butte County chapter that exists within the realm of the Superior California Associationo Supervisor McKillop requested that this matter be run through the hospitalo This mould be a vali~9 expenditure of the hospital9 it would be computed into the daily rateso Time spent discussing the requesto Supervisor Madigan stated that after the first of the year there will be more Federal participation in this mattero Supervisor McKillop stated that if there is not local participation, the State and Federal Government will be doing this work completelyo Ev Bosworth, assistant Administrative Officer, stated that the hospital could handle this expenditure without a transfer; they could take the funds out of Professional Serviceso Further discussion held; no action taken at this time, 71-2124 ADOPT RESOLUTION 71-288 APPROVING AGREEMEN',f BETWEEN THE STATE OF CALIFORNIA ACTING THROUGH ITS DIRECTOR OF THE YOUTH AUTHORITY TN THL' COUNTY OF BUTTE FOR DIAGNOSTIC AND TREATMENT SERVICES On motion of Supervisor Reynolds, seconded by Supervisor Maxon and unanimously carried, Resolution 71-288 approving agreement between the State of California acting through its Director of the Youth Authority ~n the County of Butte for diagnostic and treatment services was adopted and the Chairman caas authorized to sign, 71-2125 APP ROVE BUDGET TRANSFER On motion of Supervisor Maxon, seconded by Supervisor Gilman and unanimously carried, Budget Transfer B-5, Mental Health, was approved transferring $5,184 from salaries and wages regular to extra help within the Mental Health budgeto RECESS: 3:50 RECONVENED: 4:10 RECESSED: 4:11 to go into an executive session RECONVENED: 4:25 following an executive session, 71-2126 AUTHORIZE TRANSFER OF ASSETS AND LIABILITIES OF NEW ERA ENTERPRISES CORD, Aan Blackstock, county counsel, reported that a meeting was held yesterday between the Administrative Officer, representatives of the Auditor`s Office and Raul LeClere, attorney at law, went over this matter, The wood cutting operations were discussed at lengtho Under the conditions of the profit-making organization, New Era Enterprises, Inc., under the grant, a repayment schedule will have to be set up on the note that will be signed by the Neer Era Enterprises. This will involve authorization for the Chairman to sign a transfer of the assets to the organizatiuno Repayment schedule set up as follows: January 1, 197x- - $10,000 " " 1975 - $30,000 " " 197 - $35,000 This would be for the repayment of the $75,000 granto The corporation as it is presently set up has three officers and three directorse The Board is the owner of the stocko It is a Community Action Agency, Page 202, November 16, 1971 Nov_ember_16,_197J. It was moved by Supervisor Gilman, seconded by Supervisor Reynolds and carried, that the Chairman be authorized to sign the transfer of all assets and liabilities to the New Era Enterprises, Corporation, and to set up a repayment schedule of the $75,000 loan and to accept the note from the New Era Enterprises, Corporation, in the amount of $75,000, The schedule for repayment of said loan is as follows: January 1, 1974 - $10,000 " " 1975 - 30,000 " " 1976 - 35,000 Said note to run without interesto AYES: Supervisors Gilman, Madigan, McKillop and Chairman Reynolds. NOES: Supervisor Maxon Operation of the woodcutting business discussedo It was felt that there would have to be tight expenditure controlo The Board of Supervisors is the governing Board and they will direct and help these people with their problems. The Administrative Officer was requested to keep a close watch of this operationo Supervisor Maxon stated that the Auditor's office has spent time on auditing this procedure and he asked if some of this time would be reimbursed. It was stated that this accounting time could be used as "in-kind" funding for the grants Supervisor Gilman said he would like to see this operation first-hand from the time the wood is cut until the final action is takeno He said this Board should have some idea how this operation workedo Supervisor Madigan said he had gone over the operation Monday, The Administrative Officer was requested to call Wednesday and determine when Mro Del Hyde would be arriving in Oroville to assist this operation and to advise them on their operations, Advance to the operation discussed. Originally the advance agreement had a number of conditionso It was stated that repayment of the advance would be due in toto on May 1, 19729 subject to demand at any timee If the full amount of the advance is not paid at that time, 3t will be extended for the repayment of the balance of the advance, There will be no advance made or any incumberances made where the total indebtedness would exceed the total assets, including the $50,000 advanced The corporation will not assume any indebtedness beyond its assetso The $50,000 advance would have preference to the other assets or to the $75,000 noted It was requested that the Chairman be authorized to sign such an advancement agreement, contingent on the O,E,O, approving the grant. On motion of Supervisor Gilman, seconded by Supervisor McKillop and carried, the advance of the $50,000 was approved for the New Era Enterprises, Inc., dependent on the OoEoOo's approving the grant, repayment to the Community Action Agency in six months. AYES: Supervisors Gilman, Madigan, McKillop and Chairman Reynolds. NOES: Supervisor Maxon Discussed appointment of the non_profit corpeBoardo It was suggested that it consist of the Administrative Officer, the County Auditor and the acting director of Butte County OoEoOo Discussion held on the question of the internal handling of funds for the corporation, It was felt that it would behove the County while there is the $50,000 outstanding, that the County should continue to have the Auditor handle the fundsa There should be a concerted effort to collect the accounts receivableo The Auditor will continue to handle the finances until the $50,000 is paido The County will continue to run this business and will stay on top and handle all books until the money has been repaid, It was stated that it would be Del Hyde's job to pull together all the loose ends that are dangling, Mre Erby will be out at the operation working with the people at all times. Any conferences that will be held will be held after hours so as to include Mr, Erby and not take him from his job, Page 2030 November 16, 1971 November 16,_1971 Time spent discussing the non-profit organizationo Brian Freeman explained what the San Francisco office has requested, A time and motion expert has been requested to come ups The way in which the special conditions are written, within 30 days this Beard is to assign the assets 'and the note to the corporations Mre LeCler~ has promised that the non-profit corporation will be filed by the 18th of November, Mro Mickelson said that the non-profit corporation will be watched closelye Mr, Freeman said he evould suggest that the non-profit corporation Board be given a responsibility in getting the ball rolling in this operationo There should be direct control in the Auditors Office, On motion of Supervisor McKillop, seconded by Supervisor Reynolds and carried, the following were named to the Non-Profit Corporation Board: Supervisor Madigan C1if Mickelson Dan Blackstock AYES: Supervisors Cilman, Maxon, McKillop and Chairman Reynolds NOES: Supervisor Madigano It was stated that there would be a meeting this Thursday night at 7:30 p,me in Raul Le Cler.e's officeo At that time, they will discuss the operation of the non-profit organizationo The non-profit organization will be on top of the operation at all timeso Mra Mickelson said that he would keep a close watch on the operations, 71-2127 DISCUSSION: DRAINAGE AREA IN DE SABLA AREA Supervisor Maxon said he felt there might have been a mistake possibly made in the drainage area in the DeSabla area, Mro Seely, Mro Swinney and Mre Castleberry met to discuss the matter, They are looking for a way to reimburse the taxpayers, The Board had approved the expansion of the area, Mr, Mickelson set out the problemo The expanded service area could not legally pay the bill in this matter, The expanded service area does not become an entity until after the first of the next year, An amended tax bill was sent outo A reduction will be made next year in the assessment to the taxpayerso County Counsel is working on the matter, No action needed at this timed 71-2128 ADMINISTRATIVE OFFICER INSTRUCTED TO ARRANGE MEETING OF APPROPRIATE PARTIES TO DISCUSS JUVENILE 1TALL CONSTRUCTION PLANS Supervisor McKillop stated that at the November 2nd Board meeting, construction of a new Juvenile Ha11 was discussedo A meeting was to be set up of the interested parties to develop the programo The minutes did not authorize the Administrative Officer to set up this meeting or request that a representative of LoEoAaAo be presento Supervisor McKillop requested that a motion be adopted to amend the November 2nd minutes to authorize this meetings On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, the Administrative Officer was instructed to arrange a meeting at the earliest possible time between all of the people that would be interested in the development o£ a regional Juvenile Hall facility and programs for this area; that the L,E,A,A, be contacted to see if one of the technical men can come up here and take a look at the situation before the area meeting to develop some information for better discussion purposes, ADJOURNMENT There being nothing further before the Board, the meeting was adjourned at 5:10 to reconvene on Tuesday, November 23, 1971 at 9:00 a,m. ATTEST: CLARK A. NELSON, COUNTY CLERK BY: ~_ C irman of the Bo d Board of Supe visors Clerk Page 204,.