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Page: of 12

Will acquire rights
in best, cheapest way
Nevada county supervisors
recommitted themselves Tuesday to "do what is necessary to
open Perimeter Road," then put
punch in their intention by voting
to "acquire the rights-of-way
in the best and cheapest way as
soon as practical."
The board, after discussing
this issue at both ends of a long
‘meeting, acted in response toan
attorney representing some
Perimeter property owners who
want the road legally and officially opened.
The board adopted by a 3-1
vote a policy which essentially
is the same as one adopted
several months ago, It states:
"Nevada. county establishes
Spenceville as the eventual road
the county will develop for access into Nevada county from
Capehart Housing and Camp Far
West and will do whatever is
necessary to open Perimeter
Road and maintain it as a public
road outside the county's maintained mileage system."
This was followed by unanimous votes to acquire the rightsof-way and a minute order to
have the county counsel and
public works director prepare
estimates of the cost of acquisition.
Acting Chairman Dean Lawrence voted against the first
motion because she wanted the
Spenceville_part handled separately. (See other story.)
County Counsel Leo Todd said
he will contact each property
owner in a final attempt to ob_ tain as many rights-of-way as
possible without cost.
Attorney Frank Francis, who
said he represented owners of
about half the nine plus miles of
prospective road, stipulated that
his clients will donate rightsof-way through their properties,
leaving the county amaximum of
perhaps five miles to condemn
or purchase, Francis represents
William Steen, who is agent for
several property owners, most
of whom are San Francisco attorneys.
next Tuesday. :
However, Francis did make
clear that the protest on the
assessment increase is the
leverage by which his clients
hope to finally get the road
legally open. He indicated the
basis of the protest’ will be
that the assessment increase is
improper unless the road is
legally open.
The attorney added that he
asked to appear before the board
this week to try to get the road
opening resolved in advance of
the assessment hearing. "It
seems to me efficient, good
government certainly dictates
that this thing be cleared up before the pending question regarding assessments is heard,"
Francis said.
The county has been considering opening Perimeter for seven
years and .only last month
cleared the first hurdle by condemning right-of-way at the beginning of the route which the
property owner refused to deed
to the county.
Now, other property owners
are being asked to relinquish
rights-of-way through their
lands without payment of $1,000
a mile, a figure based onanoral
agreement. made by some property owners and a former supervisor, Donald Blake, at a
meeting several years ago. At
least one property owner, other
than Francis’ clients, has agreed
to relinquish his right-of-way
without payment, but there is no
certainty the rest of the land
owners will do the same,
Francis began by telling the
supervisors. it is their responsibility to "set policy aimed at
orderly development ofthe community. To set such policy, there
has to be a certain amount of
continuity and predictability
over a period of time. Perimeter
Road is an example of lack of
continuity in carrying out directives of the board and very often
extreme delays,"
Francis then cited various
board actions concerning Perimeter dating back to 1963 and
added: :
"The expression of this board
from 1963 to the current date
has been that the policy is Perimeter Road should be opened.
It is obvious that what we have
been doing since 1963 has not
resulted in its opening -physical opening possibly, but not
legal opening."
Supervisor William Thomas
said the supervisors earlier this
year adopted a policy of opening
Spenceville Road as the major
southwest route eventually and
condemning the first property
along Perimeter because everyone behind that point is landlocked. Sty
"The other Perimeter land
owners," he said, "should be
willing to do their part and deed
rights-of-way if they want it
open,"
Thomas said that as far as
he knows the meeting at which
$1,000 a mile payment was
agreed "has no official sanction".
of Nevada county.
The discussion turned at this
point to the policy change concerning Spenceville (see other
story), confusing somewhat the
point at hand -opening of Perimeter. Eventually the board,
after spending 45 minutes in the
morning on Perimeter and
Spenceville” discussion, tabled
the matter until the end of the
afternoon session.
Francis referred to the $21,000 assessment increase under
protest as opposed to his estimated $10,000 estimated cost
of buying the right-of-way by
saying: "You might be losing
more than you are gaining by not
acting immediately."
gin annexation procedures
_the city of Nevada City.
Wednesday, October 1, 1969 The Nevada County Nugget 5
Offers to improve NC
school lighting high
Three offers to improve the
amount of lighting in the Nevada
City Elementary auditorium
were higher than the anticipated
cost of $1,500, Supt. Dan Woodard told the governing board
Wednesday.
Pacific Gas & Electric Co.
had estimated the work would
cost $1,500, Woodard said. The
three estimates received from
local contractors were $2,986
from Gray Electric, $2,975 from
Turner Electric and $2,150 from
Jackson Electric.
Woodard was authorized to
obtain an estimate from an electrical contractor out ofthe area,
if it is still too high, he will
buy new fixtures and hire an
electrician to install them.
Light available in the former
auditorium, now used for classrooms, will not be adequate in
another month, Woodard said.
When doors must be closed and
the sun sets more westerly than
north-westerly, the light will be
less than adequate for students,
Woodard added.
The board accepted thetransportation agreement for another
year with the bus pool, combining the buses of Nevada City,
Grass Valley and Nevada Union
High School Districts into one
pool. The board also adopted
the routes and stops now in use
although all have not been approved by the California Highway Patrol.
The board approved a resolution authorizing Woodard to be-.
) with
The
board approve.the site of the new
school for annexation tothe city.
Woodard said the first step in
the procedure was the resolution.
Woodard said a CHP officer
has checked some of the routes
and stops but not all of them as
yet. The board approval for the
routes and stops retained the
opportunity for changes later if
the patrol officer finds one or
more stops which he doesn't
consider safe.
Bob Johnston, trustee appointed to the bus pool transportation committee, reported
on his attendance at the first
committee meeting for the 196970-school year.
"We learned about the economics oftransportation through
a bus pool versus going it alone,
talked about routes and the
maintenance charts of each vehicle," Johnston said. 'T learned
a lot,"' he added.
Woodard reported that the Bureau of Land Management wanted
to know if the district is still
interested in the BLM land off
Bost Avenue. The board agreed
it is not and asked Woodard to
withdraw the application to BLM
for land for a new school,
"We are having a little problem clearing title to the mining
claims,"' Woodard. reported he
was told by a man at BLM. The
first communication with BLM
was in February, 1967, Woodard
said and 2 1/2 years later the
land still has no clear title.
A policy ondiscipline was discussed with no action taken
Wednesday. The policy would
allow a principal to suspend a
child for up to two weeks with
further suspension or expulsion
requiring board action.
Corporal punishment must be
by a paddle, the exact dimensions discussed but to be
approved later. The corporal
punishment must be administered by a teacher with the.
principal or assistant principal
present or by the principal with
the teacher present.
Many steps were itemized for
handling poor behavior in a student before corporal punishment
was mentioned. "That's the last
resort," Woodard said.
A special meeting was set for
7:30 p.m, next Wednesday to discuss the new school.
Francis originally asked the
board to pay $1,000 per lineal
mile for rights-of-way that can't
be obtained free and file condemnation suits against needed
rights-of-way for which the owners won't accept $1,000 a mile,
That $1,000 would apply to
frontage on each side of the
pight-of-way, so actually would
. cost the county $2,000 per mile.
Thus, the total cost would be
about $10,000 if all property
owners agreed to that settlement, :
However,, this was not authorized, and it was indicated that
some condemnations would be
required in any event with those
prices impossible to determine
until the cases reach court.
Francis did contend that the cost
might run the county $200 an
acre or $1,400 for the seven
acres in each mile. If all the
right-of-way had to be condemned over five miles. The
cost thus would be $7,200,
Adding impact to the issue
Tuesday was the fact that the
people Francis represents have
filed a protest. to a $21,000
increase in their assessment
which he contended was based
on an assumption that the road
was legally open. ‘
The protest itself could not be
discussed Tuesday because it
will come before the supervisors sitting as a quasi-judicial
body, the of equalization, _
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