HomeMy WebLinkAboutM121471Dec.~~al,er 1~+, 1971
STA'~'E OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Gilman, Madigan, Maxon, McKillop and Chairman Reynolds.
Clifton Mickelson, Administrative Officer, Neil McOabe, Assistant County
Counsel, and Clark A. Nelson, County Clerk, by Ma:cgie Cott, Board of
Supervisors' Clerk.
INVOCATION: Pa_to;. Delbert Curry, Seventh Day Adventist Church, Oroville.
Pledge of allegiance to the Flag of the United States of America.
71-2254 APPi:•JVAL OF MINUTES
On motion of Supervisor Gilman, seconded by Supervisor McKillop and
unanimously carried, the minutes of December 7, 1971 wer~= approved as
mailed.
71-2255 COMs~?[TIQTCATIONS
Mr. Ernest Eo Hatch, Oroville. Mro Hatch sends copy of his letter to Dr. Stewart
Bedford, chairman, Butte County Mental Health Advisory Board, in which he
submits his resigna==°ion from the Mental Health Advisory Board. Administrative
Officer requested to write letter of thanks to Mr. Hatch.
Leo and Doris Clouse, Concord. The Clouse's write regarding the Paradise area
and the rumor that the selling and trading of foods and wares in the "open"
in the: downtown park area is being discouraged and they wish to support
continuation of this practiced Informatior.~ only.
Mrs. Anne Gerhard, Paradise. Mrs. Gerhard writes regarding inequity of taxing
mobile homes and asks when they will be required to pay a proper share
of property taxes. Information only. Clif Mickelson requested to
answer letter.
J. Howard Walzer, Paradise. Mr. Walzer acknowledges receipt of a post card
which acknowledges his letter regarding the sharp increase in taxes.
He urges the Board to delve into the ssbject of increased property taxes.
Information onlyo
C. H, and D, van Gastel, Los Gatos. The Gastel's refer to their previous request
to the Tax Collector's office for a form of protest letter to be filed
in protesting their taxes. They have received no answer to this or their
earlier request for explanation of the large tax increase. Referred to
Administrative Officer, with copy to be sent to the Assessor,
Maurice L. and Ivy Norman, Paradise. The Norman's forward copy of letter written at an
earlier date to the Tax Collector in which they paid their taxes under
protest. They further protest the fact that they are elderly, have no
children in school and feel that it is inequitable for them to pay school
taxes. Administr five Officer to answer letter. Copy to be sent to
County Assessor.
City o~ Chico, Mayor Nichols writes to thank members of the Board of Supervisors
and county staff who attended the dedication ceremonies at the new Chico
Municipal Airport Texminal Building, and also wishes to thank the Board
for the effective support which the Board has given to the City in
developing the Chico Municipal Airport. Information only.
Page 2530 December 14, 1971
_ December~l4,_1977. _ _ _ _ _ _ _ _ _ _ - _ ~ ~ T
a = _ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - _ - -
Butt,~e County Historical Societyo Clarence McIntosh, president, writes that the
p Historical Society's Board of Directors request, pursuant to the Health
,~ 'til' and Safety Code, that the Oroville Chinese Cemetery be declared
abandoned and a historic site. Referred to County Counsel for preparation
o'° proper pap~ars to handle the request.
County of Madera. The County gives notice that the reciprocal agreement for
treatment of indigent patients between Madera and Butte County is
1-61 cancelled. as Madera no longer maintains a county hospital.
1Y Information only.
County of Placer, The County forwards its Resolution No. 71-549 which honors
d ~ ~ y and salutes Ralph Thiel, outgoing president of the County Supervisors
Association of California. Information only.
U. S, Department of Labor, Manpower Administration. Albert D. Garcia, project officer;
writes regarding the initial monitoring visit to Butte County on the
Emergency Act Section 5 contract, and stated that the program is
~ proceeding satisfactorily. They did note three exceptions and request
I ~ ~ thst the project officer be notified in writing of corrective actions
r which have been taken. (Mr, Rackerby reported to Board previously on
these and they are taken care of, so it would be in order to authorize
the Personnel Director to reply within the ten days limit specified.)
Discussed. See motion.
U. S. Department of Agriculture, Forest Service. A summary of proposals for
~ management of the Bucks Lake area in Plumas County is enclosed and notice
/ ~ d~~ } pf two meetings, one in Quincy on December 16 and one .in Oroville on
January 13, 1972 to consider these is also enclosed. Information only.
William P. Mace, fo~.~ner assistant county counsel. Opinion that the Butte Oounty
Citizen's Subdivision Advisory Committee should be disbanded immediately.
Letter read and discussed.
Clark A. Nelsozt, County Clerk, Memo stating that the transcript of the December 2,
1971 meeting not ready at this time but that the transcript should be
completed by the end of the week, Read; no action taken,
Paradise Ghamber of Commerce. Request to have January 12, 1972,declared as
Chamber of Comm~arce Day in Paradise. Read and discussed. Administrative
Officer to answer letter setting forth the Board's policy in these matters.
R. L. Kaufman. Reasons for "Payment of Taxes under Protest", Read; no action
taken.
Mrs, Merriam Johnson. Taxes paid by Mobile home owners. Place in Mobile home
file for future use.
Butte Gounty Mosquito Abatement District. Appointment of two Board members.
Appo•~ntments to be made next week.
Supervisor Madigasi presented a letter from Lori Hall and Jim Bush, Co-ordinators
of a committee titled "College-Community-Relations'; Request that the
Board members meet with the Committee and work with them. Supervisor
Madi;an will discuss the request with Lori Halt and will report back
to the Boardo
Mrs. James Dougherty. Letter to Jere Reynolds requesting that they be allowed
to park a trailer on their property on Foothill Blvd, for use of
a night watchman. Their place has been broken into many times. Discussed;
referred to Planning Department for their study and recommendation.
C. N. Koenig. Appeal of Planning Commission decison. Set for hearing on ,Ian. 4,11:00
71-2256 JIM RACKERBY TO ANSWER LET>CER FROM U, S. DEPT. OF LABOR, MANPOWER ADM.
On motion of Supervisor Reynolds, seconded by Supervisor McKillop and
unanimously carried, Jim Rackerby, Personnel Director, was authorized to answer
Page 254.
December 14, 1971
~T~~===____=_===December=14,=197].==______ _
the letter from the U. S. Department of Labor, Manpower Administration, by
Albert D. Garcia, project officer, regarding the corrective actions that have
been taken concerning the three exceptions in the Emergency Act Section 5
contract, informing them that the problems have been handled.
71-2257 DISCUSSION: USE OF YELLOW PAINT ON COUNTY ROADS
Supervisor Maxon stated he had been receiving many telephone calls about the
changing of the color of paint used on the County roads for striping. He said
the people do not like the change. The yellow paint is less visible than the
white paint. It is Supervisor Maxon's feeling that someone will be hurt because
of this change. Clay Castleberry explained why the yellow paint was being used,
He will secure copies of the law that has changed the color of the paint being
used. The entire nation has changed to yellow. The Board requested a report
from the Highway Patrol on their feelings in this matter.
71-2258 SHERIFF & DISTRICT ATTORNEY RE UESTED TO INVESTIGATE WOODCUTTING OPERATION
Supervisor Maxon stated he had talked to the Sheriff about the investigation
of the woodcutting operation, Supervisor Maxon felt that it would add emphasis
to the matter if the Board would write a letter to the Sheriff requesting his
help in this matter, He felt the letter would helg if this matter is taken to
the Grand Jury and Attorney General. It was suggested that maybe the Board
should advise the Sheriff and District Attorney to pursue any direction that
they feel is pertinent to the investigation.
6n motion of Supervisor Reynolds, seconded by Supervisor Maxon and
unanimously carried, the Sheriff and District Attorney were requested to
investigate the woodcutting operation and to pursue any direction that they
feel is pertinent to the investigation of the situation.
71-2259 DECLARE BUTTE COUNTY'S INTEREST IN ORD FERRY SURPLUS PROPERTY
Public Works recommends that Board declare its interest (50-50)
in the Ord Ferry surplus and authorize the Glenn County Board to sell at
auction or sealed bids in accordance with the applicable government code
provisions. Proposed sale date by Glenn County is December 28. Request
discussed.
On motion of Supervisor Klaxon, seconded by Supervisor McKillop and
unanimously carried, Butte County's interest in the Ord Ferry was declared
surplus property and Glenn County was authorized to sell said interest in the
ferry.
Clay Castleberry, Director of Public Works, asked the Board if they
would set out dates that they could attend a ribbon cutting ceremony at the
new bridge site, Matter discussed, Mr. Castleberry will arrange the time
with G7.enn County and inform the Board members,
71-2260 AQCEPT BID FOR LIME SADDLE PARKING LOT AND RAMP ADDITION
Mr, Castleberry stated that Public Works has been advised that a letter
has been writtex by Navigation and Ocean Development approving the grant for
the Lime Saddle parking lot and ramp addition, but the letter has not been
received at this time, Bids discussed.
On motion of Supervisor Maxon, seconded bySupervisor Madigan and
unanimously carried, the low bid fropagebi2n55 n Construction Company of $74,247.50
December 14, 1971
December 14, 1971_
for the Lime Saddle parking lot and ramp addition was accepted and the Chairman
was authorized to sign the contract, subject to the County receiving the letter
from Navigation and Ocean Development, and subject to the Auditor's budgetary
control and County Counsel's approval,
71-2261 ACCEPT FINAL MAP: INDIAN MEADOWS ~~2 SUBDIVISION
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, the final map of Indian Meadows 4~2 Subdivision (4l lots,
Magalia) was approved and the Chairman was authorized to sign the deeds;'
road and drainage work to be accepted when completed in accordance with
county standards (maintenance bond posted),
71-2262 AUTHORIZE REPLACEMENT OF GAS ENGINE WITH DIESEL ENGINE IN LOADER ~k160
Public Works requests, in accordance with previous memo request fund
transfer of $4,600 from equipment acquisition, (backhoe deleted), to equipment
maintenance for replacement of gas engine with diesel engine in Loader ~~160, a
four-year old Cat. Request discussed, Ev Bosworth, assistant Administrative
Officer, yuestioned Mr. Castleberry about the equipment budget.
On motion of Supervisor Maxon, seconded by Supervisor Gilman and
unanimously carried, the Board authorized the replacement of a gas engine
with a diesel engine in Loader ~~160, a four-year-old Cat, with the understanding
that the transfer of funds would be considered at a later date if the equipment
fund runs out of funds.
71-2263 ADOPT RESOLUTION 71-295 AUTHORIZING CHAIRMAN TO SIGN RIGHT OF WAY CERTIFICATION,
FORBESTOWN ROAD FAS PROJECT 759(4)
On motion of Supervisor Gilman, seconded by Supervisor Madigan and
unanimously carried, the right of way Certification No. 2, Forbestown Road FAS
Project 759(4) was approved, Resolution 71-295 authorizing Chairman to execute
Right-of-Way Certification No, 3, Forbestown Road FAS Project 759(4) was adopted
and the Chairman was authorized to sign,
71-2264 ANNOUNCEMENT: SUPERVISOR MC KTLLOP ELECTED VICE-PRESIDENT OF NORTI-TERN
CALIFORNIA SUPERVISORS ASSOCIATION
Chairman Reynolds announced that Supervisor McKillop, by a unanimous vote,
was elected Vice-President of Northern California Supervisors Association.
Supervisor Madigan was elected a Director. The Chairman said this Board
wished him well and that this Baard would endeavor to assist him as much as
possible, The Chairman said they hoped that Supervisor McKillop would be
elected President next year.
71-2265 ACCEPT DEEDS, RIGHT OF WAX ACQUISITIONS
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, the following right of way acquisition deeds were
accepted and the Chairman was authorized to sign the certificates of acceptance
on the following:
E1 Monte Ave. Parcel map AP 46-26-108 F. Kirk
" " " AP 46-26-132 N, Kirk
Maxwell Drive AP 53-112-22 J. Carter
Madrone Way " AP 51-091-10 R. Taylor
Skyway 51261-70-2 Parcel 1 J. Russell
Page 256.
De cember 14, 1971
December 14, 1971
71-2266 DISCUSSION: PUBLIC WORKS MOTOR GRADER ACQUISITION
Clay Castleberry, Director of Public Works, stated that Public Works
would like to reconfirm Board authorization given on August 25, 1970 (item
70-1361) to purchase directly a Cat 120 motor grader to keep the number of
brands limited to Cat and Austin-Western. Mr. Castleberry requested the
Board's consideration of this item, He said there is not enough money to
purchase a Austin-Western. Mr. Struthers and Mr. Castleberry obtained
quotations last week, Mr. Struthers has the quotation prices, Request
discussed. Mr. Castleberry stated that Public Works still have Cat graders
running that are 22 years old, The quotation figure is lees money than
was estimated this year, They feel that there should be radios in the
snow plows. Discussed the placing of radios in these snow plows, Mr. Struthers
will be in later in the meeting and will present the quotation received for
this motor grader.
71-2267 DISCUSSION: PALERMO FIRE STATION GROUNDBREATCLNG
Mr. Castleberry stated that Robert Rabe of Palermo has agreed to
arrange for a groundbreaking ceremony at l p.m, on Tuesday, Becember 21.
He asked if the Board could attend the ceremony next Tuesday at 1:00 p,m.
Theyt~rill arrange to attend said groundbreaking ceremony.
71-2268 DISCUSSION: SANDING OF ROADS
Mr. Castleberry stated that Public Works was doing a little sanding
of roads in the Lake Madrone and Berry Creek areas. They have been asked to
send the streets of Paradise; they cannot sand all the streets. He said
that chain signs should be placed on the roads telling the public that chains
are adviseable, This sign might take some of the liability off the County.
The signs will be set up at the proper places.
RECESS: 9:55 Board members to testify in court.
RECONVENED: 11:15
71-2269 SID OPENING: COUNTY_CLUB ESTATES: Uli1ITS 1, 2 & 3
The bids for County Club Estates, Units 1, 2 & 3 were to be opened
in the Administrative Office and Mr, Castleberry will report to the Board
on the xesults of the bids.
71-2_270 APPEARANCE: CLAUDEWLLLIS, FOREST RANCH AREA
Claude Willis, Forest Ranch, said he was here regarding the Forest
Ranch Cemetery Association. The Assessor requires that a form be filled out each
year for tax exemption purposes for the cemetery, A few days ago the secretary
for the district received a tax bill. The first installment of the bill has
been paid, This exemption is a continuing thing by a non-profit organization.
The only money the district received is for the upkeep of the cemetery. The
groperty ioas donated. Mr. Willis said even if the taxes were never paid, he did not
know what the County would do with the cemetery, He said the exemption form
was not filled out and filed this year, He was told that the district could
fill out the form and present it to County Counsel for action. County Counsel
will speak on this matter next week.
Page 257.
December 14, 1971
December 14, 1971
- _ ~ _ _ _ _ _ _ ~ _ _ _ _ _ _ = W = _ _ _ _ _ _ _ _ ~ ~ ~ ~ ~ _ _ _ _ -
71-2271 APPEARANCE: WILLIAM KELLX, SPENCER AVE, OROVILLE
William Kelly, Spencer Avenue, Oroville, stated he has been at the
County hospital. He is known at the Welfare Department. He made remarks
concerning the Welfare Director and workers at the welfare department and
the hospital, He requested that the hospital be allowed to stay open.
71-2272 RESULTS OF BID OPENING: COUNTRY CLUB ESTATES: UNITS 1 2 & 3
Clay Castleberry, Director of Public Works, reported on the results
of the bid opening for Country Club Estates, Units 1, 2 & 3, Bids were
received from:
Butte Creek Rock $922,318.76
A. Teichert 878,484.05 (Low)
Bronnick & Drummond, Santa Monica 977,254.00
Mr. Castleberry said the engineer's estimate was $948,746.62
Bids referred to Public Works Department and to the Bond Counsel.
7I^-2273 PUBLIC HEARING: PARADISE PINES COUNTRY CLUB ESTATES, UNITS 1. 2 and 3
The hearing on the Paradise Pines Country Club Estates, Units 1, 2
and 3 was held at this time. Robert Brunsell, attorney at law, appeared orb
behalf of the district. Mr. Brunsell reported on the receipt of the bids
received earlier in this meeting. Hearing opened at this time. Appearing
in opposition; no one. Appearing in favor: no one,
On motion of Supervisor McKillop, seconded by Supervisor Gilman and
unanimously carried, the hearing on Paradise Pines Country Club Estates,
Units 1, 2 and 3 was closed at this time and continued to January 4th, 1972
at 11:00 a,m.
71-2274 HEARING: PARADISE PINES COUNTRY CLUB ESTATES UNIT N0, 4 INITIAL PROCEEDINGS
The hearing on Paradise Pines Country Club Estates, Unit No, 4, was
held at this time. Robert Brunsell, attorney for the district, presented
the initial documents. The following documents were filed:
1. Petition
2. Boundary Map
3. Certificate of Engineer certifying that petitions have been signed
by the owners of more than sixty per cent of the area proposed to
be assessed,
4. Certificate of Ownership
5. Certificate of Value of Appraiser
b. Engineer's estimate of cost
7. Engineer's report, plans and specifications
8. Notice inviting sealed bids
9. Notice of improvement
County Counsel and Public Works have reviewed these proceedings,
71-2275 ADOPT RESOLUTIONS 71-296 through 71-303, PARADISE PINES COUNTRY CLUB
ESTATES UNIT N0, 4 ASSESSMENT DISTRICT.
On motion of Supervisor Maxor~,a seeC2c~ded by Supervisor Madigan and
g
December 14, 1971
December 14, 1971
unanimously carried, the following resolutions were adopted and the Chairman
was authorized to sign:
Resolution 71296 approving boundary map,
71-297 of preliminary determination
71-298 authorizing execution of agreement with Sturgis,
Den-Dulk, Douglass & Anderson as Special Bond Counsel
71-299 authorizing execution of agreement with The Murray-
McCormick Environmental Group as Project Engineer
71-300 setting time and place for hearing on public convenience
and necessity
71-301 of intention
71-302 and order preliminarily adopting Engineer's Report, setting
public hearing thereon for February 1, 1972, with bids
to be received January 11, 1972
71-303 adopting scale of prevailing wage rates.
71-2276 PUBLIC HEARING: RUBY FALCON, ET AL- PROPOSED REZONING FOR AREA GENERALLY
DESCRIBED AS ALL THOSE PROnERTIE5 FRONTING ON LITTLE GRAND CANYON DRIVE, ETC.
PARADISE• CONTINUED
The public hearing an 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, Jecaell Road, Iris Lane,
Horseshoe Hill Drive, Friendly Way, and that part of Honey Run Road located
2750 feet nest of the Skyway to 650 feet west of Skyway, Paradise, was continued
to December 21, 1971 at 11:00 at the request of the applicant. People in the
subject area cannot attend meeting due to snow.
Hearing continued to Tuesday, December 21, 1971 at 11:00 a.m.
71-2277 PUBLIC HEARING: MC CAIN & ASSOCIATES - APPEALING PLANNING COMMISSION'S
DENIAL OF USE PERMIT TO ALLOW CONSTRUCTION OF 41 SPACE MOBILE HOME PARK,
WEST SIDE OF PENTZ MAGALIA ROAD, PARADISE
The public hearing on the McCain and Associates appeal of Planning
Commission's denial of use permit to allow construction of a 41 space mobile
home park on property zoned "A-2 limited," located on the west side of Pentz
Magalia Road, approximately 335 feet south of Mulberry Lane, identified as
AP 50-082-16; Paradise, was held as advertised, Jim Lawson, Planning Director,
summarized the actions of the Planning Commission in this matter. The Planning
Commission reviewed the alternate plan. They feel that this matter should be
properly rescheduled. It was their recommendation to the Board that this matter
be denied without prejudice to give the Board a chance to approve the matter on the
alternate plan. Mr. Lawson explained the area involved, The plan for the
mobile home spaces is still slightly over what the general plan calls for.
It was their feeling, though, that the density is within reason. Mr. Lawson
said he felt that the density has been brought down to an acceptable Level.
Supervisor McKillop said the problem that the Board has is that the Board has
no official recommendation from the Planning Commission. He does not feel that
the Board can legally act on this matter. This matter has not been re-advertised;
it was referred back to the Planning Commission by the Board.
It was the feeling of the Board that they could not act on this matter
Page 259.
December 14, 1971
Decembe~_14,_1971
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
because they do not have any direction from the Planning Commission. County
Counsel was requested to make a decision on the action that should be taken in this
matter,
RECESS: 11:50
RECONVENED: 11:55
Neil McCabe, assistant county counsel, said that their concern was
that the public should have the opportunity to voice objection to the proposed
plan. He said he does not know the modifications that have been made to the
plan. He said in essence, he was throwing the matter back to Mr. Lawson.
Mr. Lawson said the action of the Planning Commission was to deny the
request without prejudiced The applicants want action on the original application.
He said theBoard could approve the use permit and condition the density of the
mobile homes.
Matter discussed.
Hearing opened at this time to consider the original plan.
Appearing in favor of granting the use permit:
1, Mr. Everett McCain, Chico, gave the background on this matter.
He explained how the plan had been modified. They felt it would be a good
step to provide a buffer step, He said if this mattex was turned down they
would make the property into a subdivision. He said they would like a decision
by the Board if they could receive one.
Appearing in opposition:
1. Mro Alan McKinnon. He set out his opposition to this matter,
He asked the Board to consider whether the property owners that have owned property
for some time have established a use for the area, He said the only notice
that the property owners have received was the original notice. He expressed
his concern with the establishment of 100 spaces for mobile homes and the problem
with septic tanks for sewage, There is a wash that runs through this area, He
said he felt this plan would be contrary to the General Plan for this area,
He said a majority of the people in the area are favoring the rezoning to
R-1 from "A-2 limited".
2. Aave Maydole, Delores Drive. He said his major concern was drainage.
He asked what was going to be done with the excess water that will be created by
this development.
3. Mrs. Katherine Best, Valley View Drive, She questioned the Board
about the costs for handling drainage problems in the Paradise area.
4, Mr. Pete Larson, Mulberry Lane. He also expressed concern about
the drainage problem, He said that as soon as they could they would file a
formal petition with the Planning Commission for rezoning of the area.
Page 2b0,
December 14, 1971
_ = T = _ = December_14,_1971 = _ _ _ _ _ _ _ _ ~ _ _ -
5. Mrs. Sane Anderson, Mulberry Lane. She stated that perculation
tests had been made after this applicant had been presented to the Planning
Commission. She said the tests were made in the summer time. The drainage
problem is during the winter months. She said there was a large bog.that the
water drains down to; with all the present snow the boggy area has been made
worse.
Hearing closed and confined to the Board.
taken.
Time spent discussing the situation and the action that should be
It was moved by Supervises Maxon and seconded by Supervisor Gilman
that this matter be referred back to the Planning Commission for their
recommendation on the alternate plan and a report from the Health Department
that a survey be made and presented to the Planning Commission, so they can
make an intelligent decision.
Motion discussed. Mr McCain said he would prefer that the Board
deny the application rather than refer it back to the Planning Commission.
Motion withdrawn.
Qn motion of Supervisor Maxon, seconded by Supervisor Gilman and
unanimously carried, the appeal of McCain and Associates on the Planning
Commission's denial of a use permit to allow construction of a 41 space
mobile home park on property zoned "A-2 limited", located on the west side
of Pentz Magalia Road, approximately 335 feet south of Mulberry Lane,
identified as AP 50-082-16, Paradise, was denied, as requested by the applicant.
RECESS: 12;40
RECONVE$1ED; 1;30
71-2278 CONTINUATION OF PUBLIC HEARING: PROPOSED ORDINANCE FOUR-WAY SPLITS
the hearing on the proposed ordinance regulating four-way splits
was held as continued from last weeks meeting. George Chames, Oroville, gave a
report pn the meeting of the Subdivision Committee. He said that all the
Board members had received copies of the By-Laws as they were amended.
He said he hoped the Board would approve the By-Laws. They want to keep the
committee at a membership of 15 people. They will meet once a month. He
said that last week he had presented a recommendation from the Subdivision
Committee about the lot split matter. In view of the many questions and
problems involved, it was felt that more study should be given to the matter.
Sub-committees were appointed to study different segments of the situation.
The sub-committees have been instructed to come back at the last meeting of the
month and present their recommendations. A meeting will be held on December 22,
1971 to further discuss this matter.
Mr. Chames said the committee requests that the Board not rush into this thing.
He presented a letter from the Paradise Board of Realtors, Supervisor Madigan
suggested that the letter from Mr. Mace should be xeferred to County Counsel
for answer.
Appearing to discuss the proposed ordinance:
1. Dave Ma ydole, Paradise.
Letters read from: Robert C. Brooks Ernest M. Williams, LeMoyne Snyder,D.D.
and Virginia G. Rundle, page 26~..
December 14, 1971
December 14, 1971
Also appearing:
1. Marjorie Cox, Paradise
2. Mr. Paul Combs, Valley View Drive, Paradise.
3, Mrs. James'Best, Paradise. She felt the laws should be
rewritten; she said that one of the real deficiencies in the handling of
subdivision and parcel maps is that there is no provision fqr any approval by
the fire departments. They are the ones to protect the property from fires.
She feels that the fire departments should have a voice in saying whether
the property should be split or subdivided. Supervisor McKillop said her
paint was well taken.
Time spent discussing the proposed ordinance, It was stated that
this matter would be brought back to the Board on the 4th of January, 1972.
The Board should have something to go on by that time, It was stated that
the key was that whatever is proposed should be workable. Mr. Castleberry
said they would be willing to work with the subdivision committee, It was
hoped that the subdivision committee would come up with a recommendation
that the Board could work with,
Mrs, Best read a draft of a proposed ordinance, The Board requested
that Mrs. Best present a copy of this draft to Mr, Castleberry. Supervisor
Madigan said the Board should give consideration to an emergency ordinance
concerning lot splits. There should be an interim ordinance to cover the period
prior to the time that AB 1301 becomes effective.
It was felt by the Board members that they would not be making a
decision rapidly,
Hearing continued to January 4th, 1972 at 1:30 p,m.
RECESS: 2:40
RECONVENED: 2:45
71-2279 APPEARANCE OF GENE MC FARREN, COUNTY ARCHITECT: DISCUSSION OF THIRD
DEPARTMENT FOR SUPERIOR COURT
Gene McFarren, county architect, reported on figures on various aspects
of conversion of the space for the third court as requested by the Board members.
Mr, McFarren displayed a diagram of the building and the area of concern set out.
The partitions necessary to accomodate the 3rd court. He said an alternate
scheme would be to proceed with the entire scheme, but excluding the confezence room
and the Clerks Office, The Board should decide whether they are going to accept
the possibility of a 3rd judge within the next three years. He explained the
work that should be done, He explained the costs of taking the Clerk's office
out if the third judge should be allowed, He said all alternatives should
be considered,
Supervisor Maxon said that the County 1}ad established a municipal court
in Chico, He asked what would be the merits in using that present municipal.
court as a Superior Court. Mr, Nickelson said there were real legal questions
involved in this matter, He said he does not know whether you could cut into
a municipal court.
Ohairman Reynolds suggested that the discussion get back to the matter
of the third court. Alternates discussed, Mr, Nickelson said that if the Clerk
was moved out to the new building, and then the County found that a third court
was needed, what would be done with the Clerk, December 14, 1971 -
Page 262a
December 14~ 1971
Mr. McFarren said there would be a credit of $3,500 if it was decided
to dliminate the moving of the Clerk to this building. Construction costs
are progressing upward. He said it would cost about $9,000 to put in the
changes and leave just a shell there; would have to do the wiring and lighting
as now is the time to do that. They would fireproof the walls. He said they
would have to prepare the drawings for the conversion of the third court,
Discussed action that should be taken at this time.
Mr, Carl Leverenv~ secretary of the Bar Association, said that the
third judge was necessary. Even though he might not be appointed until the end of
1973 or 1974, the County would still have a visting judge and the Juvenile
Referree would be using the room. The Judicial Council has been reluctant
to assign visiting judges because the County does not have the space, He spoke
on the affect of the municipal court, The Municipal Court has handled on an
average of between 250-300 civil cases per year that would have been filed with
the Superior Court if the County had not had the municipal court. Mr. Leverenz
said the Board should go on record of favoring the third Judge concept,
Supervisor Maxon asked if there was a possibility that the County could
contract with same other county to alleviate the backlog of cases in the
Superior Court. Discussed,
Dan Blackstock, County Counsel, said that with regards to financing
agreement; if this Boffird ~~.ould go ahead with the third court zoom, then the
costs would be included within the present agreement. He felt the Board should
make their decision so the costs would go within this present contract,
Mr. Blackstock said that with regards to an agreement with another county
to handle some of the court cases, he doubted if this could be done, He did
not think the Judicial Council would tolerate it, He said he would investigate
the mafiter.
Mr, Nickelson said the Judicial Council would make the determination
of whether the Caunty were to get a third judge. Mr, Leverenz said that based
upon Judicial Council standards, the filings would place this County in the
3rd judge category. It was asked how this third court would be paid for,
Mr, Leverenz said the county could increase the filing fees. Could do away
with the Juvenile Referee Officer. Supervisor McKillop said the first thing
that would have to be done was to pass the Resolution for the third judge.
Discussed the resolutions proposed by County Counsel. These are
(1) Resolution requesting amendment of Government Code Sec. 69581 and (2)
Resolution requesting amendment of Government Code Sec. 70054.4, Supervisor
Gilman said he could not support these resalutions at this time. He said
he represents a certain amount of people and if the Bar Association was going
to support this matter, than they should go out and support it at the grasp
root level.
Time spent discussing the action that should be taken, Supervisor
McKillop requested Mr. McFarren to explain the matter of the $9,000 for the
proposed changes, This would leave the County a path open if the Board does change
its mind, Mr, McFarren set out the work that would be done. They could make
these changes and it could be an open area for the Clerk, It would not be a
loss. Supervisor McKillop said he would be in favor of this suggested change.
Tf the third judge does not materialize, then the Clerk could be moved out to
the new building,
Mr, McFarren again explained how the $9,000 would be used; there are
certain things that should be done, The partition should not be put in.
They would have to work towards having the 3rd judge, For the present, the
Page 263,
December 14, 1971
becember 14, 1971
Clerk could still use the room.
It was moved by Supervisor McKillog, seconded by Supervisor Gilman
and unanimously carried, that the Architect be directed to restructure the
design for the new Superior Court building on that part of the building for
a third courtroom, and that the expenditure be in the neighborhood of $9,OOOo
as delineated on the map presented by the architect and on file with the clerk.
71-2280 APPEARANCE OFF Z. PURZELL: REGARDING ZONING CHANGE 31~I CHTCO
Mr. Franklin C. Purzell, Orland, appeared to speak to the Bca rd regarding
zoning changes in Chico, He feels that he has been•put at a disadvantage.
He is involved with property on Cohasset, Chico. He understands that the
Planning Commission recommended to the Board the Retzer request be approved, the
Board turned down his request last week. Mr. Purzell said he owns the property
across the street and he owns a great deal of other property in the county.
He owned the Glen Haven Subdivision in Chico. He said he had been informed
by a man in the County Planning Department that the sky was the limit in building
in that area, He said he has never been notified that the zoning had been
changed in that area, He presented the background to his problem. He said
the property was zoned "R-~" when he purchased it. He wanted to build duplexes
on the property. It is ideally located to the Mall; he would like to live
on the property himself,
He said he felt that he had a just cause in asking the Board to reconsider the
action taken last week on the Board's denial of Mr, Retzer's request. He sui~'
the baair prt of his property is zo~.2.'. 5-1 and the front pa~•t is R-4,
Mr. Lawso:a explained the background of the zoning in this area.
Mr. Retzer explained the steps he had taken, The Planning Commission had voted
in favor of this rezoning request. The Board of Supervisors voted it down.
Supervisors felt that in the future the Planning Director was going to
have to review these matters so that properties are not cut in half with the
zoning in the areas. Mr. Lawson explained why this had been done on this
particular piece of property; generally sp4~aking, this problems is avoided,
Mr. Purzell begged the Board to correct this matter. The Board told Mr. Purzell
that he should request rezoning for tizis property.
Dan Blackstock, County Counsel, suggested that Mr. Purzell go
back to the Planning Commi,ss?on and file a request for rezoning. A public
hearing would be set to hear the request. Mr. Pursell and Mr. Retzer was requested
to discuss the matter with Mr. Lawson and County Counsel and bring the matter back next
week, No action taken at this time,
71-2281 REPORT: SECURTTy HONOR FARM
Sheriff Larry Gillick appeared to report on the security honor farm
set out in Sheriff Balma's letter that was presented to the Board on November 30th.
Sheriff Gillick had been requested to study the request from Shasta County and
report back to the Board. Sheriff Gillick stated he had reviewed Sheriff Balma's
questionaire. Shasta County has a camp that has been abandoned by the State of
California, He said he sees no reason for Butte County to join this group.
The sentence of the prisoners are short; anyone placed on the honor famthas to
be a pzisoner with a long sentence, Sheriff Gillick recommended that the
Board not enter into this matter. He will write Sheriff Balma and give him
the views of this County.
Clif Nickelson, Administrative Officer, said that maybe there were some
counties around Butte County that needed jail space, Maybe this County could
contract with the other counties to use Butte County jail as a holding jail.
Sheriff Gillick said there was a possibility that there would be a consolidation
of jails under a regional concept, Chairman Reynolds said that Howard Casagrande
had stated that a study was being made to determine the feasibility of this.
No action taken at this time. Page 264.
December 14, 1971
_ December 14, 1971 _ _ _ _ _ _ _ _ _ _
71-2282 ADOPT RESOLUTION 71-304, AUTHORIZING SHERIFF TO SUBMIT APPLICATION FOR GRANT
FOR LAW ENFORCEMENT PURPOSE TO CALIFORNIA COUNCIL ON CRIMINAL JUSTICE
Clif Nickelson, Administrative Officer, explained the proposed resolution
that would authorize the Sheriff to submit an application for grant for law
enforcement puxposes to the California Council on Criminal Justice. This i~
a request for the Sheriff to set up a depository for equipment. This needs
the Board's approval before it can go through the emergency operating services.
There will be no money involved; only in-kind services.
On motion of Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried, Resolution 71-304 authorizing Sheriff to submit application
for grant for law enforcement puxpose to California Council on Criminal Justice
was adopted and the Chairman was authorized to sign.
71-2282 APPEARANCE OF MR. SEIVERS: AGREEMENT FOR LIME SADDLE MARINA
Mr. Seivers appeared to discuss the agreement for operation of the Lime
Saddle Marina concessions. There was one from Parks & Recreation present
at this time. This discussion was called to discuss the amendment to the
concession agreement. Dan Blackstock, CountyCounsel, set out the background
of this agreement. Mr. Blackstock said he had approached Mr. Hightower about
this matter. The State has anticipated the putting in of camping facilities
across from Lime Saddle. They anticipate getting together with Mr, Seivers
with the idea that he would be taking the facilities over. The provisions in
the agreement is that they have the right to come in and take over the facilities
at Lime Saddle. Dan stated that it appears that the County will recoup thej,r costs,
The Lime Saddle operation has been very successful, There is an 18 month
provision within the agreement.
Mr. Blackstock said that there was one other complication. The
concession agreement covered a certain area. Because of the success of this
operation, Mr. Seivers has exceeded the area of his concession.
Agreement discussed. Chairman Reynolds said he was at a loss; he
still did not know why they were discussing this matter today. Supervisor Maxon
said they were discussing the matter because the concession amendment had to
be approved. The County has to set out the area of operation; also had
to make a decision about the length of the agreement. The State put in the
amendment about the $1.00 fee. Mr, Seivers said that when he bid the project
he thought he would receive all the launching fees, The concession agreement
does not state this. The Auditor's office stated that there would be an
audit present by the end of January.
On motion of Supervisor Nam n, seconded by Supervisor McKillop and
unanimously carried, the agreement for the Lime Saddle Marina concessions was
approved, that has been previously presented and discussed by the Board, but
with the deletion of the 18 month limitation to become effective July 1, 1971,
subject to approval by the State and the Chairman was authorized to sign.
Clay Castleberry, Dixector of Public Works, said they were working on
several things with Mr, Seivers. The gas tanks have to be put underground.
Mr. Castleberry said that when he wss up in Redding, he drove up to Shasta Lake.
They use an honor system at the Lake; he would like to include the pictures
for tha Board members to take down to the State for their consideration.
Supervisor McKillop suggested that County Counsel talk to the State people first
so that they will be briefed on why the Supervisors desired to talk with them.
Mr. Blackstock said he would send the amendment to the agreement down to the
State, and will also have Mr. Seivers execute the amendment.
Page 265.
December 14, 1971
December 141 1971_ _ _ _ _ _ _ _ _ _ _
712283 PUBLIC HEARING SET: PROPOSED REZONTNG FROM "S-H" (SCENIC HIGHWAY) DISTRICT TO "C-;
(LIGHT COMMERCIAL), ET AL
A public hearing was set for January 4, 1971 at 1:30 p.m. on the Butte
County Planning Commission initiated proposed rezoning from "S-H' (scenic highway)
district to "C-1" (light commercial), "A-R" (agricultural-residential), and
"A-2" limited" districts for those properties along Pentz tiagalia Highway wk~ich
are presently zoned "S-H" and which are located north of the southerly Paradise
Irrigation District boundary.
71-2284 CONTINUED DISCUSSION: REFERRAL FROM BOARD REGARDING EAST AVENUE AREA REZONLNG
At the request of the Planning Director, the discussion concerning the
East Avenue area rezoning was continued to next week. Mr, Blackstock set out
his conversation with Mr. Price. He will give his report to Planning Department
and to Public Works in writing so that they can study the matter.
Rezoning discussion continued to Tuesday, December 21, 1971.
71-2285 DATA PROCESSING AGREEMENT~COUNTY OF LASSEN
At the request of Supervisor Madigan the agreement with County of Lassen
for data processing for furnishing voter registration processing services was
put over for another week. He would like to go over the figures with Mr. Lawrence,
71-228b ADOPT METHOD OF TAXATION FOR COUNTY SERVICE AREA N0. 4
Bi11 Lawrence, assistant Auditor, reported to the Board on tax levy
proposal for County Service Area No. 4 (Sierra Del Oro Drainage) for 1972-73
fiscal year. Mro Lawrence presented a memo to the Board members concerning this
mattere The intent is to equal the taxes that have been imposed on these
people because of the expansion of the services. He explained how the matter
would be kandled, The people paying this year will be reimbursed next year
by a reduction in the assessment. Costs for maintenance set out and discussed,
The costs will be lower next year.
It was moved by Supervisor Maxon, seconded by Supervisor Madigan and
unanimously carried that to equalize this undue imposition of tax, the Board
proposes that the 1972-73 budget for CSA ~~4 be financed by computed direct
assessments rather than by normal tax rate comButation, These assessments
would be computed by determing the 1971-72 amount that annexed property
owners would have been liable for, if the annexation had been complr'ted
in a timely manner, and adding that amount to their share of the 1972-73
requirements. Original service area property owners would have their 1972-73
assessments reduced accordingly. If not fully accomplished in 1972-73, this
concept could be continued from year to year until such time as the costs of
CSA ~k4 have been fully equalized and the current taxpayers have received full
credit far the 1971-72 tax overburden.
71-2287 REPORT ON MEMO FROM AUDITOR: HOSPITAL FINANCING
^~ ~ Mr. Lawrence called the Board's attention to a memo concerning additional
financing for the hospital, They will need additional financing in January. No
action is needed at this time. Mr. Mickelson stated that if the expenditures
remain and the cash revenue remain the same, there will not be enough money in
the reserve to carry the County through. Statement discussed; no action taken.
71-2288 AUTHORIZE PUBLIC WORKS MOTOR GRADER ACQUISITION
Mr. Castleberry and Mr,~Struthers reported on the quotation for the
motor grader for Public Works. $35,000 had been budgeted for this acquisition;
the quotated figure received Buring negotiations is $27,008.89. It was felt
Yage 266.
December 14, 1971
--DgcemIzez 143 1921_ _ _ _ ___________
this was a good figure, Mr. Castleberry requested the Board's authorization.
to purchase_the motor grader.
On motion of Supervisor Reynolds, seconded by Supervisor McKillop and
unanimously carried, authorization was granted for the purchase of the
negotiated motor grader for Public Works, at a price of $27,008.89 for a
Cat 120, and the old motor grader was declared surplus property and the
Purchasing Agent was authorized to dispose of same.
71-2289 APPROVED APPLICATION FOR DANCE LICENSE
On motion of Supervisor McKillop, seconded by Supervisor Gilman and
unanimously carried, the application by Dennis Brown for a dance license
to hold a dance at Robinson's Corner December 18, 1971 was approved,
Application approved by the Sheriff,
71-2290 ADOPT RESOLUTIONS NO 71-305 through 77.-311 SALE OF TAX DEEDED PROPERTIES
On motion of Supervisor McKillop, seconded by Supervisor Maxon and
unanimously carried, the following resolutions were adopted and the Chairman
was authorized to signs
71-305 - AP 013-17-0-033-0, Oroville - minimum price - $ 445
71-306 - AP 046'=37=0-044-0, Paradise - minimum price - $ 400
71-307 - AP 041-07-0-025-0, Cherokee " " 130
71-308 - AP 026-14-4-023-0, Palermo 90
71-309 ~ = AP 241=07=0=009=0, Cherokee " 80
71-310 - AP 041-07-0-001-0, Cherokee " 180
71-311 - AP 13-17-0-032-0 , Oroville " " 500
71-2291 APPROVE LEAVE OF ABSENCE
On motion of Supervisor 3:taxon, seconded by Supervisor Madigan and
unanimously carried, a six week unpaid medical leave of absence through
January 15, 1972 was approved for Charleen Rawson, nurses aide,
71-2292 APPROVE STATE SALARY AGREEMENT-AGRICULTURAL COMMISSIONER
On motion of Supervisor McKillop, seconded by Supervisor Maxon and
unanimously carried, -.he standard salary agreement with the Department of
Agriculture of the State of California under which Butte County receives
$3,300 as partial reimbursement of the Agricultural Commissioner's salary
was approved and the Chairman was authorized to sign.
71-2293 APPROVE ANNITAL CONTRACTS FOR VARIOUS CHAMBERS OF COMMERCE
On motion of Supervisor McKillop, seconded by Supervisor Gilman and
unanimously carried, the annual contracts with the various Chambers of Commerce
were approved as follows and the0hairman was authorized to sign:
Oroville $1,800
Gridley 500
Paradise 750
Biggs Community Club-$100
Chico $1,800
71-2294 TRAVEL REQUEST APP ROVED
On motion of Supervisor Maxon,s econded by Supervisor Gilman and
unanimously carried, the following travel request was approved:
Clark A, Nelson, county clerk, to attend annual meeting of County
Clerk's Association, a budgeted item, plus a two day workshop on court
administration in San Diego January 23 through January 28, 1972, The two
day workshop is an additional item that needs Board's approval. Number of
nights lodging-5o Estimated cost of trip $239. Travel by private car,
71-2295 REPORTS BY COUI3TY COUNSEL
Dan Blackstock, County Counsel, reported that the trial concerning
Public Defender contract has ended. The points of law will be brief. The
decision should be made in January.
Page 267. Decembex 14, 1971
December 14, 1971
Mr, Blackstock reported on the case concerning the Reclamation District.
The mater has been put over in regards to the Demurrer to January 21st.
He advise the Board concerning his conversation with Mr. Bayse. He has
discussed with him whether or not there are any grounds for settlement,
somewhere along the lines set out by Mr. Barnum of Chico. He explained the
proposition. This would require some additional study. They do not want
to settle the law suit. However, Mr, Blackstock said he plans on meeting
with Mr. Castleberry, Mr. Stamm and Mr. Bayse, also some of the property owners,
He suggested that maybe some of the Board members would like to attend the
meeting, He will inform the Board of the meeting date, He feels it would
be worthwhile to discuss a solution to the problemo
No action taken on these matters.
71-2296_ DISCUSSION: QUESTIONAIRE BEING SENT TO WELFARE RECIPIE],VTS
Supervisor Maxon stated he has received a number of telephone calls
about the questionaire being sent to recipients by the State Department of
Social Welfareo It is a 7-page questionaire. It is felt that this questionaire
is getting into the area of invasion of privacy.
Mro Robinson will be requested to be present at a Board meeting to
explain this matter to the Board members.
ADJOURNMENT:
There being nothing further before the Board at this time, the meeting
was ad3ourned at 5'c35 p,m. to reconvene on Tuesday, December 21, 1971 at
9:00 a.m.
ATTEST: CLARK A, NELSON, COUNTX CLERK
By: ~r ^ ~ ~.~ XJIo a'rman of the xd
Board of u exvisoxs Clerk
Page 268. December 14, 1971