HomeMy WebLinkAboutM112371November 23, 1971
STATE OF CALIFORNIA )
) ss.
couNT~ of BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Gilman; Madiga.ri, Maxon, McKillop and Chairman Reynolds.
C7.ifto;t Nickelson, Administrative Officer,; Daniel Blackstock, County Counsel;
and Clank A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk.
INVOCATION: Rev. Dale Ferris, Church of The Brethren, Paradise
Pledge of allegiance to the flag of the United States of America.
71-2129 APPROVAL OF MINUTES
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
unanimously carried, the minutes of November 16, 1971 were approved as mailed.
71-2130 COMMUNICATIONS
o a Mrs. Hazel Neas, Paradise, Mrs, Neas writes to oppose the proposed rezoning
I~~~ ~L ~ ;:;~lfrom A-2 Limited to R-l, Mrs, Ruby Fallon, et al, west of the Skyway
(~~~~~`,~,` in Paradiseo Hearing set for December 14, 1971 at 11:00 a.m.
p~Mrs. Barbara Posers, Paradise, Mrs, Powers urges the Board not to take any
~~'~ ~,`~'~14action to increase taxes on mobile homes. Information. This will
'~.
`~ Sf:`'~ti `' be discussed at a later date.
~ O J Howard Walzer, Paradise, Mr. Walzer protests the assessment on his property
~ ~~' C~'"`` ~ ; ;~ in Paradise, Refer to Assessor,
b p Butte Creek Estates Adhoc Committeeo Mro Al Wickland, chairman, files notice
~ ~3' ~~ .that they wish to appeal the decision of the Planning Commission in
~Q `~ ~~~ denial of the rezoning application for Butte Creek Estates. They
~~\~~~' request to be advised when this will be placed on the agenda for hearing.
~~ Hearing set for December 7, 1971 at 11:00 a.mo
713'0 McCain and Associates, Chicoa Mr, McCain files appeal on the decision of the
~~~4! Planning Commission which denied the application for a 35 unit mobile
~~ t1 ,,';home park on Pentz Road in Paradise and requests a public hearing date
~e;",'t' to be set as soon as possible, Hearing set for December 14, 1971 at
;` 11:00 a.m,
City and County of San Francisco, Donald M. Scott, chief of police, expresses
interest in the CCC,T grant for a recreational program for predelinquents
~~, ~ ~ and asks that a copy of the grant proposal and other material be mailed
to him. Discussed, Mr. Nickelson will forward requested papers.
California Veterans Board, The Board forwards copy of a resolution commending
~, O ~ the county veterans service afficers and their staffs for a job well
(v done. Information only.
State Department of Water Resources. The Department forwards copy of its
letter directed to the County Auditor regarding the Delta Water Charge
~~/,0 ~ for 1972 which is now set at $8,04 per acre foot of entitlement water,
Refer to Ceo, Stamm, County Counsel and Administrative Officer,
Page 205.
November 23, 1971
_~_____~__ ___D~ouember_23,_1471===_~_~~_~__~ W
State Water Resources Control Board, The Board sends notice of scheduled
hearings on December 2 in San Diego and Januaxy 6 in Sacramento on
~~~ D ~ proposed changes in its regulationso Changes are in Subchapter 13,
and a proposed new Subchapter 15 of the Administxative Code.
George Stamm requested to attend Sacramento hearing.
State Department of Social Welfare, The Department forwards a copy of a
a.~ ~ p letter to Butte County Welfare Director enclosing material re inter-
~o county dispute on a welfare case with Tehama County. Same material
also received from Tehama County. Information only,
State Water Resources Control Board - Division of Water Rights. The Board
forwards two notice of application to appropriate water: applications
/~ U ~ ~~23875 and 23876. Protests must be filed within 60 days and blanks to
submit protests will be supplied upon request. Referred to
Ceorge Stamm,
Invitation. Board members invited to attend the Peace Officers graduation
at the Elks Lodge, Chico, November 26th, at 7:00 p.m.
~l 3,0-5 League of Women Voters of Butte County. Urge the Board to enact immediately
~,~ titan emergency interim ordinance requiring the filing of parcel maps
~..~ ~ =*;~for any division of land into two or more parcelso Read; no action
~€~~~ taken.
Mr~so Barbara Powers. Enclosing copy of her letter to Chairman Reynolds
concerning mobile home tax problems, Read and discussed. No action
taken.
-7 a 3,f~OButte County Fair. Minutes of their November l5, 1971 meetingo
71-2131 NOTICE OF UNSAFE CONDITIONS AT COUNTY HOSPITAL SERVED ON BOARD
Dan Blackstock, County Counsel, stated that the County had been
served with a notice of unsafe conditions at the County Hospitals There
are a number of items in whz.:~h the County i^ c,eiicient and should be corrected,
The matter will be referred to the Hospital Board of Trustees, Mrs Blackstock
staled that in the event the Board desires to have more time, a pleading
will have to be filed with the Division of Public Safety. The Chairman stated
tbat the Board could take no action on this matter until the Board of Trustees
met and made a decision, Matter also referred to County Counsel and Director
of Public Works to prepare the pleading. Referred to Board of Trustees of
the Hospital to get their recoRUnendations and decision in the matter.
71-2132 REJECT REi?UEST OF FRED D. AISTHORPE FOR CANCELLATION OF CHARGES FOR WQRK DONE
Dan Blackstock, County Counsel, reported on the two letters received
from Fred D. Aisthorpe, CFri.co, concerning the discing of his lots by the
County. The assessment was placed on his property for the work done for weed
abatement. Mr. Blackstock reported that all the mechanics were handled in this
matter. The mau had been notified by the County and he did not meet the
deadline to get the work done. The work was done in September. The County
checked with the Division of Forestry and it was felt that the work was
adequate. It no longer constituted a fire hazard. It was County Counsel's
recommendation that the bill for this work should not be cancelled,
On motion of Supervisor Reynolds, seconded by Supervisor McKillop and
unanimously carried, the request of Mr. Fred D. Aisthorpe for cancellation
of the assessment placed orn the lots for weed abatement was rejected.
I Page 206.
November 23, 1971
________ ________T=November=23,=1971=====_______
71-2133 AIR POLLUTION MATTERS: APPEARANCE OF DON BLACK
Don Black appeared to discuss air pollution problems with the Boardo
Supervisor Gilman stated he had received some complaints in his
neighborhood concerning air pollution. He requested that Mr. Black discuss
their problem with them. Mr. Black stated that the problem involved around
the fact that these people had no idea whether this material to be burned
was ag waste or industrial waste, Mr. Black said his office will discuss
the matter with the people.
Mr. Black stated that the Air Pollution officer of Glen County had
written to him about Federal funding for air pollution. Glenn County would
like an opinion from Butte County Board of Supervisors about this matter.
Letter read and discussed. The Counties, individually,cannot afford the
type equipment needed for this work. He said that if Federal money is
available, it would make sense to make use of it. It was felt that this
request should be referred to Supervisor Gilman and he can present the request
for discussion to his committee. December 3rd, 1971 will be the next
meeting date for the Air Pollution Committee. Mr. Black was told he could
indicate to Glenn County that Butte County was interested in this matter and
they can proceed with some of the ground work.
Supervisor Madigan asked Mr. Black about the second letter from
Mr. Aisthorpe. He said this was a new situation; there is a definite fire
hazard present on this lot. Letter discussed. Supervisor Gilman £e1t
that it should be the responsibility of each property owner to take care of
his lot. Time spent discussing how this situation could be handled.
Chairman Reynolds suggested that maybe the Division of Forestry could
issue a citation if the owners did not abate the fire hazard; he would be
in contempt of court if he did not take care of his lot. Mro Black will
discuss the matter with other counties and determine how they handle
these situations.
71-2134 DISCUSSION: GRAND JURY RESOLUTION FOR ESTABLISHMENT OF A THIRD DEPT. FOR
SUPERIOR COURT
George Nissen, Foreman of the Butte County Grand Jury, read a resolution
adopted by the Grand Jury in which they request the establishment of a third
department for the Butte County Superior Court, Legislation will have to be
initiated to establish this, third department, Supervisor McKillop asked if
they had run a cost analysis of the costs for this department. It was their
feeling that this third department would cause a savings to the Countyo
Mro Carl Leverenz, secretary-treasurer for the Butte County Bar
Association, presented compiled figures for this department. Gilbert Jones,
president of the Bar Association, stated that they were interested in the
proposed third department. The Bar Association had gone to the Grand Jury
and made a presentation to theme He said he hopes that the Board will see
the need for this departmento
Page 207.
November 23, 1971
___ ~______~~=__November23,_1971 ___________~
The questions of costs and need set out and discussed, Mr. Jones
said they had tried to present a realistic analysis of what it will cost
the Countyo The County's share of these costs would be approximately
$7,500, He said that an additional Court Clerk would not be needed. The
County would need an additional court reporter and they would also need
another steno-clerk II.
Background of this matter set out and discussedo It was stated that
it was planned to place the 'County Clerk's Office in the space that would
eventually be needed for the third courtroom, They really need this third
judge and courtroom now. It was felt it would be more economical not to
move the County Clerk to the new courthouse and then rip it out and put in
the third courtroom. It was also recommended that the .juvenile Court Referee
be eliminated, This would be a savings of $20,000; the third judge could
handle the matters that are at present being handled by the Juvenile Court
Referee.
Supervisor McKillop asked where the Clerk's office would go if it
were not moved to the new courthouse, It was stated that it could remain
where it is for the present. When the Hall of Justice is built, it could
be placed in it.
Mr, Mickelson said that any decision should be made within the next
two weeks. He said that if the Board wishes, he could request the Court's
comments by next Tuesday. Mr, Leverenz said they had not talked to the
Judges regarding the elimination of the Juvenile Court Referee, Mr, Mickelson
said he would speak to them about this elimination.
Supervisor Maxon suggested that this matter be referred to the
Administrative Officer and have him compile a financial analysis of the costs,
Mr, Mickelson will discuss the matter with the Judges and will report back
next week on the situationo
No action taken at this time,
RECESS: 10:00
RECONVENED: 10:15
71-2135 APPEARANCES: PARADISE CIVIC BETTERMENT ASSOCIATION- ORDINANCE FOR
CONTROL OF FOUR-WAY SPLITS
Ed Falkenstein and Dave Maydole, both of Paradise, appeared as
representatives of the Paradise Civic Betterment Association. They presented
rough drafts of a proposed ordinance prepared by their attorneys for control
of four-way lot Tits, Mro Falkenstein read a letter concerning AB 1301
which has been signed into law. This proposed ordinance would concern the
division of land other than subdivisions. Proposed ordinance read and
discussed. Supervisor McKillop stated that there would be a meeting of the
subdivision committee and they could go over this proposed ordinance,
Page 208.
November 23, 1971
November 233 1971
It was suggested that this be referred to the Committee and request that
they study the draft and come back with their recommendation at the December
8th meeting of the Board of Supervisors, Supervisor Maxon requested that
there b~ an analysis by the County Counsel before action is taken on the
proposed ordinance. Mr, Maydole stated that other counties have similar
type ordinances.
Proposed ordinance discussed, Supervisor McKillop said the County
was going to have to strengthen the four-way split division of the Subdivision
Ordinance. The Board will make their determination concerning this proposed
ordinance, upon receipt of the recommentation from the Subdivision Committee,
Supervisor Maxon felt there. should be a hearing on this so the public
will know what is being done. The people should be aware of what they will
have to do to divide their property.
Proposed ordinance to be placed on the Board of Supervisor's agenda
for Tuesday, December 7th, 1971 at 1:30 p.m.
George Chames, chairman of the Subdivision Committee, stated that
the committee has no quarrel with the idea of enacting an ordinance as soon
as possible. Nx. Chames said that AB 1301 calls specifically for the filing
of a parcel map. He read portions of the bill, Mr. Chames said that the
Subdivision Committee would like to hold a evening hearing on December 1st
as they would like the guidance of the people of the County in this matter.
The Board agreed with the December 1st evening hearing.
Darrell Stevens, attorney at law of Oroville, said he represents
a number of landowners. He said he would only urge the Board not to
jump right in with an amendment to the subdivision ordinance. He feels
that everyone should understand AB 1301; it is going to take time to study
this new bill,
No Board action taken at this timed
7i-213b APPEARANCE OF ROBERT HAWi~INS: HEAD OF STATE OFFICE OF ECONOMIC OPPORTUNITX
DISCUSSION OF OPERATION OF WOODCUTTING YARD
Robert Hawkins, head of the State Office of Economic Opportunity,
explained why he was appearing at this time. He stated that C1if Nickelson,
Administrative Officer, had requested assistance from his office concerning
the woodcutting operation, He said his office was satisfied that the grant
could succeed, Mr. Hawkins said he came up last week to discuss how the
problem could be handled.
61enn Whitely, fxom Mr, Hawkins office, came up and examined the
operation of the Woodyard. He said the intent at the yard is good. They
just do not know what they axe doing. Mr, Hawkins explained how the operation
would have to be handled to come out successfully. He said there was a problem
with the truckers. This has been resolved. Since last Friday, they have
been able to get six loads of wood out. Mr. Hawkins said he was going to have
an engineer come up and look over the machines and attempt to perfect them,
Mr. Hawkins said a cost analysis will be done by an auditing firma They
need to know what it costs to cut a cord of wood.
Page 209,
November 23, 1971
_.~
November 23, 1971
Mr, Hawkins felt that all the problems could be solved, There is no
intent of fraud or embezzlement.
Mr. Hawkins requested the assistance of Clay Castleberry, Director of
Public Works, in getting the machines perfected at the yard. A set of
conveyor belts will be set, up. They have been given sheets of corrugated
tin to build a shed so that the workers can cut woad during the rainy period,
Mr. Hawkins asked the Board to secure the cooperation from the Auditor in
this matter.
Chairman Reynolds said the Board appreciated Mr. Hawkin's office
coming in on this matter when the Federal O.E,O, had started the programo
Chairman Reynolds said this Board should direct Mr. Nickelson to write a letter
to Phil Sanchez, head of the national O.E,O,, stating that this Board of
Supervisors will expect support from them in this matter,
Time spent discussing the operation and the work being done by
Mr. Hawkins and his office. Mr, Hawkins explained how the program should
have been set up. He saidlthis is one of the few programs in California
that has taken people off the Welfare roll. Nr. Hawkins feels that the
program will success, He said the problem now is (1) management and
(2) cash f1cw. He said the program should be continued and they will
continue to follow through on the matter. Nr. Hawkins said that one of
the things he is having his office do is to go through all the allegations
and they are going to put this thing on a sound financial basis. They are
going to try to give a week by week report on the progress going on.
Mr. Hawkins said he has the means to get the people to make this thing
work.
Mra Nickelson said that one of the things they need is the Board's
permission to have Mr. Castleberry work with Mr, Whitely so they can get
this program constructed efficiently and get the operation movingo
On motion of Supervisor Reynolds, seconded by Supervisor McKillop
and carried, the Director of Public Works was requested to assist Nr. Whitely
in getting the equipment working efficiently at the woodcutting operation,
AYES: Supervisors Gilman, Madigan, McKillop and Chairman Reynolds
NOES: Supervisor Maxon.
Dorothy Paradis asked the Board who had signed the contract for the
woodbroker in the Bay area,. He is the middle man for this operation. This
man receives $250 per week to be applied against his commission on the sales
of wood. Mr. Nickelson said the agreement was signed by Mr. Erby,
7I-2137 APPEARANCE: MRS, ANN NORDIS, C~IICO, LEAGUE OF WOMEN VOTERS
Mrs, Ann Nordis, Chico, said she was present as the representative
of the League of Wamen Voterso She said she had planned to discuss
AB 1301, but this has been discussed so she said there was nothing further to say.
Page 210.
November 23, 1971
November 23, 1971
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ G
71-2138 APPEARANCE OF MRS. KATHERINE BEST, PARADISE-LOT SPLITS
IVIrs, Katherine Best, Paradise, stated that parcel map filings will
not control bootleg subdivisions. She suggested that maybe the Board should
place a 90 day freeze on these divisions of parcels of land until the matter
had been worked out. She said that last Spring she had suggested that maybe
the subdivision committers should be dissolved, She again requested that this
Board dissolve this committee,
Supervisor McKillop said he felt that the subdivision ordinance that
was written upon the recommendation of this Subdivision Committee was one of
the best in the State. He said the lot split article in the ordinance will
have to be strengthened, He said he felt the committee did a good job.
He said there were problems in the Paradise area long before this committee
was formed. The committee is working on the bootleg subdivision problem nowo
Supervisor Madigan asked if Sy-Laws had been enacted for this
committee, He said there were critical areas in the proposed by-laws.
Time spent discussing the problem presented by Mrs, Best; no action
taken.
71-2139 APPEARANCE OF .7IM HANSEN. OROVILLE
Mr, Jim Hansen, Oroville, cautioned board members about the speedy
adoption of a ordinance concerning the splitting of land. He does not feel
that the County should tie-up people's property,
71-2139 ADOPT RESOLUTION 7I-289 AWARD OF CONTRACT & 71-290 AUTHORIZING EXECUTION
OF AGREEMENT, PARADISE PINES, UNITS N0, 10 11 & 15
Robert Brunsell, attorney at law, appeared as attorney for Paradise
Pines Units No. 10, 11 & 15. He stated that this is the time for the awarding
of contract for the work to be done. He said the bonds were delivered last
week to the County Treasurer.
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously, carried, the following resolutions were adopted for Paradise Pines,
Units No. 10, 11 & 15 and the Chairman was authorized to sign:
Resolution 71-289, Award of Contract
71-290, Authorizing execution of agreement between the County
and Teichert Construction Company
Subject to County Counsel's ,final approval.
71-2140 ADOPTION OF RESOLUTION 71-291 PARADISE PINES COUNTRY CLUB ESTATES UNITS
No. 1 2 and 3 ASSESSMENT DISTRICT EXTENDING DATE FOR RECEIPT OF CONSTRUCTION BIDS
On motion of Supervisor McKillop, seconded by Supervisor Gilman and
unanimously carried, Resolution 71-291 extending date for receipt of construction
bids to December 14, 1971, i.n connection with Paradise Pines Country Club Estates
Units No. 1, 2 and 3 Assessment District was adopted and the Chair man was authorized
to signs
Page 211.
November 23, 1971
__________ ______November_23,_1971 =__--________
71-2141 PUBLIC HEARING: A. E. HOLM; ET AL - PROPOSED REZONING FROM "A-R"
(AGRICULTURALaRiSIDENTIAL) TO "R-1" (SINGLE-FAMILY RESIDENTIAL) DISTRICT,
PROPERTY LOCATED SOUTH OF THE SKYWAY, PARADISE
The public fiearing on the proposed rezoning from "A-R" (agricultural-
residential) to "R-1" (single-family residential) district for property
located south of the Skyway,. west of Neal Road, particularly described as
"Skyway Pines Tract ~~1," "Skyway Pines Tract Unit ~k2," "Skyway Orchard Sub „"
"Raley's Orchard Sub" and a portion of Section 21, T22N R3E, Paradise
(A. E. Holm, et al) was held as advertised. Jim Lawson, Planning Director,
summarized the actions of the Planning Commission. The Planning Commission
recommend approval of the rezoningo
Hearing opened to the public, Appearing in favor: Mr. Ernest Holm,
Paradise. He explained the request for the rezoning. Mrs. Holm also
appeared.
There was no one appearing in opposition.
Hearing closed to the public and confined to the Board for their
decision.
71-2142 ADOPT ORDINANCE N0. 1213, AMENDING ORDINANCE N0, 925, CONSOLIDATING
"R-1" (SINGLE-FAMILY RESIDENTIAL) DISTRICT
On motion of Supervisor Maxon, seconded by Supervisor McKillop and
unanimously carried, Ordinance No. 1213 amending Ordinance No. 925, consolidating
"R-1" (single-family residential) district,(see hearing above,)was adopted
and the Chairman was authorized to sign.
71-2143 PUBLIC HEARING: EXTENSION OF INTERIM ZONING FOR AREA PRESENTLY ZONED AS
"INTERIM S-1" DISTRICT. SOUTH OF SACRAMENTO AVENUE, WEST OF CHICO
The public hearing on the extension of interim zoning for area
presently zoned as "interim,5--1" district, described as being located south
of Sacramento Avenue, north of Chico River Road, west of Chico city limits
and east of the existing "A-3" district, containing 407 acres, more or
less, west of Chico, was held as advertised. Mr. Lawson summarized
the actions of the Planning CommiF^~.on..
Hearing opened to the public to consider the 90 day extension of the
interim zoning. The interim ordinance expired on the 3rd of November,
Appearing in opposition to the extension of the rezoning: No one.
Appearing in favor: no one,;
Hearing closed to the public and confined to the Board. Mr. Lawson
stated that the Planning Commission would be able to come up with the over
all zoning for that area, The Vistec & Schultz properties were excluded
from this rezoning.
71-2144 ADOPT ORDINANCE N0. 1214, TO EXTEND AN INTERIM ORDINANCE ZONING A PORTION
OF THE COUNTY OF BUTTE AN "S~1" (MEDIUM DENSITY SUBURBAN RESIDENTIAL) DISTRICT
FOR AREA WEST OF CHICO
On motion of Supervisor Gilman, seconded by Supervisor McKillop and
Page 212,
November 23, 1971
_-__-_____________ November23y1971==~-=_______-
unanimously carried, Ordinance No. 1214 to extend an interim ordinance zoning
a portion of the County of Butte an "S-1" (medium-density suburban residential)
District, pursuant to Ordinance No. 475, as amended, was adopted and the
Chairman was authorized to sign. Said Ordinance excludes the Vistec and
Schultz properties.
71-2144 PUBLIC HEARING. INTENTION TO RENAME COUNTY HIGHWAYS
The public hearing on the resolution of intention to rename certain roads in tE
county, namely Hillcrest Ave. Riverview Drive and Wyandotte Miners Ranch
Road, east of Oroville, was!held as advertised, Mr. Lawson explained the
purpose of the renaming of these roads. A letter from the U.S, Post Office
set out and discussed.
Clay Castleberry, Director of ,Public Works, explained the process
of trying to straighten out some of the conflicts existing in the names of
county roads,
Hearing opened to the public. Appearing in favor: no one.
Appearing in opposition:
1. Mr. Rudy Hill, Hillcrest Ave. He said he was opposed to the
renaming of Hillcrest from Almond to Kelly Ridge Road,
2. Lynn Van Hart, Hillcrest Ave. He does not want the road name
to be changed,
3. Dorothy Paradis,' Oroville. She said that instead of spending
the money for the renaming of these roads, the County should spend the money
to take a few of the holes out of the roads,
4, Mrs. Roy Rogers, Hillcrest Ave. She said she was opposed to
having her road name changed again.
5, Mr. Gerald Rogers, Hillcrest Ave.
Time spend discussing the proposed change of names of these roads.
Hearing closed at this timee Chairman Reynolds said he would not like
to make a decision on this matter until he has seen the roads. Supervisor
McKillop suggested that Public Works meet with this group of people and
come back with a suggestion of how the roads should be named.
Hearing continued at this time to December 21st, 1971 at 11:00 a.m.
RECESS; 12:15
RECONVENED: 1:30 A11 Board members present.
71-2145 PUBLIC WORKS ITEMS APPROVED
On motion of Supervisor Maxon, seconded by Supervisor Gilman and
unanimously carried, the Board took the following action:
Page 213.
November 23, 1971
______________~November23s 1971=====_--___-____
1, Approved agreement for sale, authorized Chairman to sign and
authorized Auditor to issue warrant upon demand of County's escrow agent
on the following:
East Avenue 57191-70-1 J. D. Tiner 0.01 ac, $164,00 Impr. $600,
Total: $764.00
2. Authorized the Chairman to=sign certificates of acceptance
for the following right of way acquisition deeds:
E3L Monte Avenue 55255E AP 46-26-90 (parcel map) C, W. Alexander ~
Skyway 51261-70-2 Pclo 27 1. F. Miller
Clark Road (use pexmit) AP 50-19-15 C. E. Everton et al
Pentz-Magalia Rd. Pcl, 3 W, D. Tyree, et al
45471-67-1
3. Accepted drainage .easement, Adams Road Paradise, from
Alcorn, Cavanaugh, Gleeson, for use in conjunction with County Service
Area No, 38, and the Chairman was authorized to sign the certificate of
acceptance.
71-2146 ACCEPTANCE OF WORK, PARADISE PINES ~1~5 & ~~6, APPROVE NOTICE Ok' COMPLETION
AND APPROVE GRANGE ORDERS N0. 3 4 and 5
On motion of Supervisor Maxon, seconded by Supervisor McKillop and
unanimously carried, the work of Butte Creek Rock Co, for the Paradise
Pines Units No, 5 and No, 6, Assessment District, was accepted; Ch^nge
Orders No. 3, in the increasing amount of $4,940,50, Change Order No. 4,
in the increasing amount of $3,274.54; Change Order No. 5, in the increasing
amount of $597,06 and Change Order Noo 6, in the increasing amount of
$20,808,60 were accepted; the Chairman was authorized to sign the Notice
of Completion and the Clerk was instructed to record said notice of Completion,
7I-2147 ACCEPT UTTCLAIM DEED TO W. D TYREE~ET AL (PENTZEMAGALIA 45471-67-1
On motion of Supervisor Maxon, seconded by SupervisorMadigan and
unanimously carried, the Quitclaim Deed to W. D, Tyree, et al, for the
Pentz-Magalia 45471-67-1 project, was approved and the Chairman was authorized
to sign on behalf of the County.
71-2148 ADOPT RESOLUTION 71-292 APPROVING LIME SADDLE AGREEMENT AND
RESOLUTION 71-293 APPROVING AGREEMENT FOR LIME SADDLE WITH NAVIGATION AND
OCEAN DEVELOPMENT
Clay Castleberry, Director of Public Works, reported that they now
have the two agreements for Lime Saddle operation. The agreement amending
the original agreement explained, This amendment requests that the County
put $1.00 back into Navigation and Ocean Development, Agreements and
Resolutions discussedo
On motion of Supervisor McKillop, seconded by Supervisor Maxon
and unanimously carried, Resolution 71-292 and Resolution 71-293 approving
Lime Saddle Agreements with Navigation and Ocean Development were adopted
and the Chairman was authorized to sign.
Page 214.
November 23, 1971
!___ J___=_==November 23, 1971_y__T~_~_______
It was requested that Mr. Sievers, concessionaire for Lime Sa11e,
be requested to appear and discuss his agreements with the County.
An amendment to his agreement is proposed which will change his operation
a littlea Mr. Sievers will be requested to appear next week at 1:30 p.m.
Supervisor Maxon suggested that Mr. Castleberry invite Mr. Sievers to
lunch and have a couple of the Supervisors attend and discuss the matter.
71_2149 PUBLIC HEARINGS SET
A public hearing was set for December T,' 1971 for the proposed
rezoning from "A-2" (general) to "R-1" (single-family residential) district,
for Waters Subdivision Units 1 and 2, located east of the Esplanade, south
of Tonea Way and west of State Highway 99E, Chico. Said hearing will be
held at 11:00 a.m. (Preston K. Minto, et a1)
A public hearing was set for December 14; 1971 at 11:00 a,m. on
the proposed rezoning from "A-2" limited to "R-1" (single-family residential}
district for the area generally described as all those properties fronting
on Little Grand Canyon Drive, Jewell Road, Iris Lane, Horseshoe Hill Drive,
Friendly Way, and that part of Honed Run Road located 2750 ft, west of the
Skyway to 650 fto west of Skyway, Paradise. (Mrs. Ruby Fallon, et al)
71-2150 REPORT BY PLANNING DEPARTMENT ON REFERRAL FROM BOARD OF SUPERVISORS
REGARDING EAST AVENUE AREA REZONING
Jim Lawson, Director of Planning, reported on the referral of the
East Avenue area rezoning matter, Mr. Lawson explained tFte changes in the
or finances. This would change one section of the R-4 to C-2. Rezoning
discussed, Mr, Lawson said that the Planning Commission had discussed
this matter at their last meeting. It has been indicated that there should
be a buffer around the C-2 zoned Supervisor Gilman said he was concerned
about the buffer area. Supervisor Gilman said he would like to see some
consideration given to the R-4 zoned Mr. Lawson said the Planning Commission
could amend the C-2 zoning to include the buffer. It was also felt that
there should be a provision for a fence on the commercial area.
County Counsel recommended that the matter be sent back to the
Planning Commission requesting an additional 10' side yard for a buffer
zone and that a fence be required for the commercial areao It was
suggested that the matter be held over one week and try to work something out
in this matter. The Board desires that there be a 60' buffer zone on the
C-2 areas,
Hearing continued to Tuesday, November 30, 1971 at 11:00 a,m.
71-2151 APPROVE HOSPITAL LOAN
Herb Seely, County Auditor, and Bi11 Lawrence, assistant auditor,
appeared and presented a report on the loan to the county hospital.
Mr. Seely read a letter concerning this matter. The letter set out
certain recommendations of the Auditor, instructing the Hospital
management to do various things, Financial statement as of 12:30 today
presented, Financial statement and expenditures at the hospital discussed.
Average patient load set out and discussed, Billings discussedo It was
felt the billings should be mailed promptly. It was suggested that in the
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November 23, 1971
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survey, the billing processes of the private hospital should be studied,
Mr. Nickelson said this would be done. It was stated that the problem
was that most of the people that go to the county hospital are not
financially able to pay.
Mr. Nickelson said the hospital was consuming its' accounts receivable.
Each day the County waits to make a decision, the hospital is consuming more
of its accounts receivable, Nr, Nickelson said they would get their study
to the Board as soon as possible so that the Board can make their decision
in the matter.
Supervisor McKillop said he has heard reports on the inefficiency
of the operation; he has not seen this inefficiency, Supervisor Madigan
stated that when the OB portion of the hospital was shut down,the personnel
did not go downo Staffing at the hospital discussed.
On motion of Supervisor Gilman, seconded by Supervisor Reynolds
and unanimously carried, a transfer loan of $75,000 with 52% compound
interest was approved for the hospital, said loan to come from the Reserve
for Contingencies. Supervisors Madigan and Maxon voted yes for this
motion with the understanding that they would not vote for another loan for
the hospital.
Mr. Miclcelson said they would have their first committee meeting
on the hospital study when they receive the information back from the
committee members. Paul Hoff and Dan Beebe have both declined to serve
on this committee.
71-2152 DISCUSSION: PAYROLL CHANGE
Mr. Seely explained the payroll change and the report on the
conversion from a bimonthly to two week pay period. He stated that at
this time no action was required, Mr, Seely explained uhy they were going
into this; he feels there will, be a smoother operation with the two-week
pay period, Mr, Rackerby explained the new procedure, An hourly rate will
be set; it will provide a better control to the payroll,
A salary ordinance will be prepared for adoption next week, setting
up this new procedure,
71-2153 APPROVE CONVERSION OF BUTTE COUNTY FAIR BUDGET FROM FISCAL TO CATENDAR
YEAR BASIS
The conversion of the Butte County Fair budget from a fiscal to
calendar year basis explained. by Mr. Seely. The basic budget totals
$160,232 and has been approved by the State, for the Calendar Year 1973,
On motion of Supervisor Reynolds, seconded by Supervisor McKillop
and unanimously carried, the approval of the fiscal year budget was rescinded
and the basic budget for the first six months of this 1971-72 budget was
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November 23, 1971 y
November 23, 1971
reduced to $115,685, and approved the budget for the basic budget for the
Calendar Year 1972 at a total of $160,232.
71-2154 APPROVE CHANGING WORDING IN THE EMERGENCY HOME CONTRACT
Dan Blackstock, County Counsel, explained the amendment changing
wording in the Emergency Home contract previously approved by the Board.
He said there were months when they only had one home that was operating
and during those period, this home should receive $200 per month. This
amount would be allowed only at such time as only one home is available.
On motion of Supervisor McKillop, seconded by Supervisor Gilman
and unanimously carried, the amendment changing wording in the Emergency
Home contract was approved.
RECESS: 2:50
RECONVENED: 3:05
71-2155 APPROVE LEAVE flF ABSENCE: VIRGINIA GRAY HOSPITAL
On motion of Supervisor Reynolds, seconded by Supervisor McKillop
and unanimously carried, an extension of the medical leave of absence to
December 31, 1971 for Virginia Gray, employee of the county hospital9 was
approved.
71^2156 CONTRACT WITH "THE BRIDGE" HELD OVER ONE WEEK
The discussion with Dr. Heindl of the contract with "The Bridge"
was held over one week.
71-2157 ADOPT ORDINANCE NO', 1215, AMENDING S_A_LARY ORDINANCE
On motion of Supervisor McKillop, seconded by Supervisor Gilman
and unanimously carried, Ordinance No. 1215, amending salary ordinance,
adjusting some classifications within the Public Works Department and
retitling the Sealer of Weights and Measures to Director of Weights and
Measures was adopted and the Chairman was authorized to sign,
71-2158 OLD OAK FILING CABINET DECLARED SURPLUS PROPERTY
On motion of Supervisor McKillop, seconded by Supervisor Maxon and
unanimously carried, an old oak filing cabinet at the Superintendent of
Schools office was declared surplus property and the Purchasing Agent was
authorized to sell said cabinet.
71-2159 DISCUSSION: AGENDA FORMAT
The Administrative Officer explained the proposed change in the
agenda format. He stated that the format being used at present is the
same as it has been for years. The work load haS doubled or tripled,
He said it appears to him that it would be a benefit to the citizens
if the Board were to schedule the public hearings at 1:30 p.m. The people
in the audience could speak at 11:00, The department heads could be
heard earlier in the meeting, Supervisor Madigan suggested that a five-
minute limitation should be placed on the time people should be allowed to
speak. This could be done. Page 217.
November 23,_1971
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Format discussed. It was felt that this could be tried after the
first of the year.'
Mro Nickelson said that a form letter should be prepared in answer
to the letters written to the Board memberso County Counsel was requested
to prepare such a lettero
71-2160 ANNOUNCEMENTS
Mr. Nickelson stated that there was a aeeting set for tomorrow,
November 24, 1971, at 12;00 noon in the Judge's room to discuss the third
courtroom aspect.
Mr, Nickelson said that he had a request from the Assessor's office
to announce that Assemblyman Johnson and Senator Marler will be in Oroville
on the 29th of November at Prospector's Village at noon. Mayor Winston of
Oroville will preside at this meeting,
Mra Nickelson said the intern program for the semester has started.
They have a young fellow from Chico State College that will work out at the
Planning Department. The intern costs for the semester is about $800.
Mro Nickelson suggested that the Board wait on the Oroville Constable
appointment until the question of the President's Phase II is decided by
County Counselo The County has to determine whether they can raise the salary
from $100 per month that is now being paid, He said that one of the alter-
nates was -it could be handled through a PEP employee grogram.
71-2161 APPOINTMENTS TO RICHVALE SANITARY DISTRICT
On motion of Supervisor Reynolds, seconded by Supervisor Maxon and
unanimously carried, the Board concurred with the Resolution from the
Richvale Sanitary District and approved the following appointments for
four year terms;
Elmer Lindahl
James Warren
James Murray
71-2162 APPROVE APPOINTMENTS TO BOARD OF DIRECTORS OF RICHVALE IRRIGATION DISTRICT
On motion of Supervisor Reynolds, seconded by Supervisor Maxon and
unanimously carried, the Board concurred with the Resolution of the Board of
Directors of the Richvale Irrigation District and approved the appointments
as follows:
Louis Anderson as assessor, collector and treasurer
Roy Grell as director from Divisian 2
Said appointments to be for a four-year period of time.
Page 218,
November 23, 1971
~~G==~=~_~_~= November23,,1971_____
71-2163 DISCUSSION: APPOINTMENTS TO AREA PLANNING COMMISSION
Supervisor Madigan spoke on the appointments to the Area Planning
Commission, He stated these',appointments were discussed at the City-
County Committee meeting on November 18. He distributed copies of the
minutes of this meeting to the Board members, The City would like to
discuss this a little bit moxe as to boundaries and as to the composition
of the board, This matter will be placed on,the agenda at a later date
for discussion, No action taken at this time,
RECESS: The Board recessed at 3:25 to go into an executive session.
RECONVENED: The Board reconvened at 3:50 following an executive session,
71^2164 MATTERS PRESENTED BY BOARD MRMBERS
Supervisor Madigan said he had a letter from the Secretary-Treasurer
of the Superior California Water Association, They want to know if any of
the Board members plan on taking the water tour to be held January 6, 7th &
8th. Board members will inform Supervisor Madigan whether they plan to
attend this tour,
Chairman Reynolds said he would like a clarification about a matter
concerning the air pollution control district. He went to a meeting last
Thursday at the ASC office, ,Don Black informed a group that waste material
would no longer be able to be burnt from the rice dryers, Chairman Reynolds
felt that the Board should take some action on the type statements being made.
He felt that legal definitions from the Air Resources Office should clear
through County Counsel. Rice hulls from a rice dryer are not classified
as Ag waste and cannot be burnt, Chairman Reynolds requested clarification
on this matter. Supervisor Gilman suggested that Mr, Black be instructed
to clear these matters with County Counsel.
On motion of Supervisor Gilman, seconded by Supervisor Maxon and
unanimously carried, the Air Pollution Control Office of Butte County
was instxucted to clear any decision thxough County Counsel concerning
burning in this County.
71-2165 MATTERS PRESENTEE BY CHAIRMAN REYNOLDS
Chairman Reynolds stated he had a letter from the Department of Fish
& Game signed by Ray Arnett concerning legislation regarding open space lands,
Chairman Reynolds read the letter; the department would like to assist the
County in the development of open space plans, This concerns wildlife habitat,
Discussed; no action taken.
Chairman Reynolds reported on a letter from the Sacramento Board
of Supervisors chairman concerning tax reform, They urge the Butte County
Board to communicate with the', Governor about this matter. Letter discussed,
It was suggested that maybe next week a similar letter could be prepared
and forwarded,
Chairman Reynolds reported on a letter from Senator Tunney's office.
This letter concerns the commitments to California residents, He (Senator
Tunney) felt that important issues in the County should be related to him.
Copy of this letter to be sent to Board members.
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November 23, 1971
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Chairman Reynolds read a letter from Senator Cranston concerning
bike transportation system. They ask if this County has an existing
bike system, If the County has no system, do they have any interest in
such a system, Copy of this letter to be sent to Butte College, Chico State
College, Public Works and the trails eomtnittee by Administrative Officer.
71~2166 REPORT BY SUPERVISOR GILMAN ON L.4FC0 MEETING ATTENDED
Sup=rvisor Gilman reported oz~the statewide LAFCO meeting he attended
last week in Monterey. He said he received a great deal of information
from this meeting. He explained his views on these meetings.
Supervisor Gilman, also, reported that he had a communication from
Mr. Barman. He indicated that the State Department of Water Resources had
deferred action on the Bach levee.
ADJOURNMENT'
^ There being nothing further before the Board at this time, the meeting
was adjourned at 4:10 to reconvene on Twesday, November 30, 1971 at 9:00 a,mo
ATTEST: CLARK A. NELSON, COUNTY CLERITC
B Y: _
Board of Sup visors Clerk ~~
:'
" ai an of the Board
Page 220,
November 30, 1971