HomeMy WebLinkAboutM010279January 2, 1979
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m, pursuant to adjournment.
Present: Supervisors Lemke, Madigan, Moseley, Richter and Chairman Winston.
Clif Mickelson, administrative officer; Dan Blackstock, county counsel; and
Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Beard.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
79-1 APPROVAL OF MINUTES
On motion of Supervisor Moseley, seconded by Supervisor Richter
and unanimously carried, the minutes of December 19, 1978, minute order
78-2357 was changed to reflect that Supervisor Moseley voted no on motion=~
of a contract with Judge Houghton for donation of her salary increase for
books for Law Library.
On motion of Supervisor Moseley, seconded by Supervisor Richter
and unanimously carried, the minutes of December 19, 1978 were approved
as mailed with the above noted correction.
Supervisor Madigan stated that he would like a correction to
the minutes of December 12, 1978 regarding the sending of the letter to
the State Reclamation Board with regard to Angel Slough, minute order
78-2297. He had stated that a letter should be written to protect the
county against future lawsuits, The minutes make no mention of the liability
on the part of the county.
Chairman Winston ordered that an addendum by added to the minutes
o£ December 12, 1978 to reflect the letter addressed to the State Reclamation
Board is to be written for the county's protection in the event of future
legal action.
79-2 STATEMENT BY CHAIRMAN WINSTON
Chairman Winston stated that this will be the last meeting
attended by Supervisors Madigan and Richter. He thanked the Supervisors
for himself and the people of Butte County. It was a pleasure serving with
both of these Supervisorso
79-3 RATIFY MEMORANDUM OF UNDERSTANDING: APPROVE AGREEMENT WITH SYSTEMS AND
COMPUTER TECHNOLOGY CORPORATION (SCT) FOR FACILITIES MANAGMENT OF DATA
PROCESSING SERVICES: APPROVE TRANSFER FROM THE RESERVE TO COVER FIRST SIX
MONTHS OF CONTRACT OPERATION
Chairman Winston announced that he had received a memo regarding
facilities management this morning from Ed Brown addressed to Clif Mickelson.
He resented the memo coming to the Board sa late.
Clif Mickelson, administrative officer,. stated that all of the
questions raised in Mr. Browns memo had been covered in the contract, The
item regarding the sick leave is covered in the memorandum of understanding.
There is a need fo pue togethex:a plan. The Board, the Administrative
Office and"the users will have input in the plan.
Dan Blackstock, county counsel, set out the agreement at this
time. The question of termination would have to be addressed in the motiono
SCT will not go for 90-day cancellation clauseo Paragraph B on pages 48 & 4~9
should be deleted. He has prepared alternative provisions, one of which
is deleted. Page 26.
January 2, 1979
January 2, 1979
It was moved by Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, that the Memoraindum of Understanding be ratified;
the agreement between the County and Systems and Computer Technology
Corporation (SCT) for facilities management of data processing services
was approved with the amendment that paragraph 14. 6B on pages 48 and 49
be deleted and line 3, page 38 to be added:. "at the same rates as provided
in Table 2 and Table 3." and the Chairman authorized to sign; the transfer
of $315,450 from the reserve to cover the first six months of contract
operations was approved.
Chairman Winston stated that this is a drastic step in Butte
County, The county has entered into an agreement with a facilities management
firm. The contract depends on the faith in SCT. He asked that all department
heads cooperate to the fullest extend and hopefully the people of Butte
County will be served.
79-4 ADOPT ORDTNANCES 1989, 1990, 1991, 1992 & 1993 CLOSED PUBLIC HEARING:
NORTHWEST CHICO ENVIRONMENTAL IMPACT REPORT AND REZONE FROM "A-2" (GENERAL)
TO "S-R" (SUBURBAN RESIDENTIAL), "RT-lA"(SINGLE FAMILY RESIDENTIAL - MOBILE
HOMES), "A-R" (AGRICULTURAL - RESIDENTIAL),. AND "C-2" (GENERAL COMMERCIAL)
GENERALLY LOCATED WEST OF THE ESPLANADE, NORTH OF EAST AVENUE, EAST OF NORD
AVENUE; AND SOUTH OF MUD CREEK, CONTAINING 529 ACRES, MORE OR LESS, CHICO:
CONSIDERATION OF REPORT TO BOARD REGARDING NORTHWEST CHICO REZONE.
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, finding that summations of the comments and
recommendations from the public have been attached to the draft environmental
impact report, that written responses to significant environmental points
raised by the comments have been prepared and attached to the draft environ-
mental impact report and that a list of the persons, organizations and
public agencies who commented has been attached to the draft environmental
', impact report, and further finding that modifications to the list of
"Adverse Environmental Effects Which Cannot Be Avoided' if the Project
is Implemented" found on pages 49 and 50 of the E.I.R, have been prepared in
response to comments of this Board, such modifications were incorporated
into the final environmental impact report and the responses to comments
prepared by the Environmental Review Director were adopted as the responses
of this Board and the final environmental impact report was certified as
having been completed in compliance with the California Environmental
Quality Act, the State Environmental .Review Guidelines and the Butte
County Environmental ReviewE~ridelinee;having reviewed and considered the
final environmental impact report, the following findings were made:
(1) Development which occurs within the rezone area may result in
significant effects on the environment~xin areas of traffic congestion
off-site and incompatibilities related to agricultural activities
and residential uses occurring in close proximity to each other.
(2) The potential for all above-listed impacts to occur has been reduced
but not eliminated by modifications to the project which establish
larger minimum lot sizes in the western portion of the project area,
thereby decreasing density potential and establishing a bu~£er for
the agricultural lands to the west.
(3) Where feasible, environmentally superior alternatives to the project
have been incorporated into the project modifications. Other alternatives
listed axe either infeasible, undesireable or social or economic
reasons, or not environmentally superior to the project as modified.
Specific.resgonses to the alternatives listed on pages 52, 53 and 54
of the E.T.R. are as follows:
Page 2Z.
January 2, 1979
January 2, 1979
Alternative 1 - - - This alternative was xejected because it would result
in the retention of the present A-2 .zoning which would be potentially
more environmentally damaging than the project as modified due to the wide
range of uses permitted in A-2 districts.
Alternative 2 - - - This alternative was rejected because it would maintain
the A-2 zoning on an interim basis with the same problems as Alternative 1.
Alternative 3 - - - This alternative was rejected because it is not
significantly superior from an environmental standpoint to the project
as modified.
Alternative 4 - - - This alternative was rejected because (I) it would
result in a conflict with the land use element of the Butte County General
Plan and, (2) it would grevent properties within the 5hasia Union Drainage
District from realizing a benefit from drainage facilities for which they
have paid taxes over a long period.
Alternative 5 - - - This alternative was partially implemented through
an increase of minimum lot sizes to one acre. This enlargement was deemed
sufficient to accomplish the objectives of this alternative.
Alternative 6 - - - This alternative was implemented for portions of the
project area, and not implemented for other portions. The compromise was
intended to provide a reasonable balance between environmental considerations
and the overriding social and economic considerations given below in'
support of project approval. Implementation if this alternative included
an increase in the minimum lot size in the western portion of the rezone
area to one acre to reduce potential drainage problems and to serve as a
buffer for adjacent agricultural operations.
Alternative 7 - - - This alternative was rejected for the same reasons
as Alternative 1.
Alternative 8 - - - This alternative was implemented in the western portion
of the project area but was not in the northern portion for the same reason
stated. in connection with Alternative 4 relating to the Shasta Union Drainage
District.
Alternative 9 - - - This alternative was rejected because it would perpetuate
land use conflicts resulting from agricultural activities and residential
uses occurring in close proximity to one another.
Alternative 10 - - - This alternative was rejected because it is economically
and politically infeasible.
(4) Although there may be significant adverse environmental effects
resulting from development which may occur in the area following this
rezone, there are overriding considerations which justify project
approval. These overriding considerations include (a) the need to
provide areas where homesites can be developed and made available at
an affordable and competitive cost. (b) The need to allow full
utilization of the Shasta Union Drainage District facilities for
which area property owners have been taxed over a long period. (c)
The public requests for and public support for this rezone request.
(5) The rezone as modified is in conformance with all of the elements
of the Butte County General Plan.
Page 28.
January 2, 1979
January 2, 1979
Having made the above findings, the project as modified with inclusion of
the areas considered by the Planning Commission on their December 27, 1978
meeting was approved; the rezone from "A-2" (general) to "S-R" (suburban
residential), "RT-lA" (single family residential - mobile homes), "A-R"
(agricultural - residential), '`C-2" (general counEercial) gnd "SR-1"
(suburban residential) generally located west of the Esplanade, north of
East Avenue, east of Nord Avenue, and south of Mud Creek, containing 529
acres, more or less, Chico was approved and the following Ordinances were
adopted and the Chairman authorized to sign:
Ordinance 1989 - zoning a portion of the County "S-R"
Ordinance 1990 - zoning a portion of the County, "RT-lA"
Ordinance 1991 - zoning a portion of the County "A-R"
Ordinance 1992 - zoning a portion of the County "C-2"
Ordinance 1993 - zoning a portion of the County "SR-1"
Supervisor Richter felt that this was the right thing for the
county to do. The price was very great and was worth paying. He recognized
that his tenure was altered because of this issue. This issue has been
in the process for almost three and one-half years and the Board has made
a decision. He thanked each of the Board members for all of the help and
good relationships. Supervisor Madigan's help in the water area will be
appreciated for many years. Supervisor Lemke for his preparation for the
meetings and attending to his constituents. He appreciated his doing his
homework. He has seen Supervisor Moseley develop and take part in the
proceedings. She is the nicest lady he knows. Ha appreciated working
with her. Supervisor Richter estated that he had appreciated working
with Supervisor Winston. His approach has bean honest, openness and
franknesso He fe7.t that his respect for Supervisor Winston has grown.
Supervisor Winston pursues the county's interest without hesitiation
even to the detriment of his own. He felt the Board were outstanding
people and the public is lucky to have the Board it has.
RECESSs 9s35 a.m.
RECONVENE: 9:40 a.m.•
SUPERVISOR RICHTER ABSENT AT THIS TIME.
79-5 APPROVE FIRE STATION LEASE AGREEMENT WITH WILLIAM50N PROPERTIES'
FOR MAINTAINING COUNTY FIRE STATION AT 2334 FAIR STREET CHICO
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and carried, the renewal lease agreement for maintaining the county fire
station at 2334 Fair Street, Chico with Williamson Properties for the
1978-79 fiscal: year at a monthly rental rate of $500 was approved and
the Administrative Officer authorized to sign.
79-6 APPROVE PAYMENT TO RALEY'S IN THE AMOUNT OF $178 FOR REIMBURSEM~fiTT
OF A WELFARE WARRANT
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and carried, payment to Raley's - Currier Division fox reimbursement of
a Welfare warrant which the county had issued a notice of stop payment
in the amount of $178 was approved.
79-7 APPROVE CONTRACT WITH INTERIOR PLANNING ASSOCIATES IN THE AMOUNT OF
$42,500 - ADMINISTRATION BUILDING SYSTEMS FURNISHINGS CONSULTANT
It was moved by Supervisor Moseley, seconded by Supervisor Madigan
that the contract with Interior Planning Associates in the amount of
$42,500 for systems furnishings consultant work for the Administration
Building be approved ,:.and the Chairman authorized to sign.
Page 29.
January 2, 19.79
January 2, 1979
Gerald Lively, deputy administrative officer, set out the background
of the proposed contract. This is for designing a system of furnishing of
the entire building. They will provide plans and specifications for the
county. The scope of services begins with meeting with the department
heads about their needs and wants involved with staff to determine a
line of communications so they can plan for placement of the actual
furnishings and they can train the county to provide more efficiency of
operations. Plans are then prepared and the county has required that
three alternatives be prepared, There are three manufacturers of comparable
equipment. That is placed out to bid. The purchase is supervised by the
consultant and the maintenance people are trained and there is coordination
with the architect. This is important because of the electrical contract
that involved $40,000 worth of equipment and work. The consultant orients
and trains staff to use the equipment.
Vote on motion:
AYES: Supervisors Lemke, Madigan, Moseley and Chairman Winton
ABSENT: Supervisor Richter
Motion carried.
79-8r°~.~''r''~I~PPROVE BUDGET TRANSFERS
Supervisor Lemke questioned wTietherr_B.-49 was~necessa~~y~in._light
of the contract approved this morning.
Clif Nickelson, administrative officer, stated that the carpet
has arrived. The county is going to have to pay for it. He did not know
if SCT will want the same configuration. They may not have to use the
total amount.
On motion of Supervisor Madigan, seconded by Supervisor Moseley
and carried, the following budget transfers were approved:
B-44 County Counsel. Transfers $21.83 from regular salaries to
overtime in order to cover the cost of necessary overtime in which no
provision was made for in the budget.
8-45 Buildinc and Grounds Maintenance. Transfers $2,892 from
routine maintenance to major maintenance in order to provide an appropriation
to cover the hookup of the sewer and the permit fee for the Chico Highway
Patrol Building.
8-46 Butte County Association of Governments. Establishes a
$b,700 appropriation within professional and specialized services recognizing
transportation grant monies to cover the cost of the Earth Metrics, Inc.
B-47 Community Action Program - HEW 1979 Grant Year. The purpose
of this transfer is to provide a budgetary appropriation for the 1979 Head
Start Program year wBiich was approved by the Office of Administration for
Children, Youth and Family on November 15, 1978. This is a $380,585 transfer
reflecting $304,4b8 in revenue and $76,117 in matching in kind contributions.
B-48 Community Action Program - 1979 Program Year. This transfer
establishes appropriations for CAA Administration and Community Services
Programs for the 1979 program year which was approved by the Community
Services Administration on December 26, 1978. Total amount of the transfer
is $262,856 which reflects $184,000 in federal aid and $78,856 in matching
in kind contributions.
B-49 Building and Grounds Maintenance. Transfers $4,320 from the
reserve to space preparation maintenance in order to cover the cost '.of
Page 30.
January 2, 1979
January 2, 1979
minor remodeling for Data Processing which includes carpet, partitions and
relocation of equipment as approved by the Board of Supervisors on August 29,
1978; minute order 78-1668e
79-9 PUBLIC ffEARING DATES SET
A public hearing date of January 16, 1979 at 10:15 a.m. and
January 23, 1979 at 10:00 aom. was set for Community Development Block
Grant 1979-80 preapplication as required pursuant to federal regulations
for ttze preapplication which is due to Housing and Urban Development.
79-10 AUTHORIZE ADMINISTRATIVE OFFICER TO EXECUTE MAINTENANCE REPAIR
CONTRACT WITH JOHN WOODS IN THE AMOUNT OF $750 UTILIZING COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS IN PREPARATION FOR SALE OF PROPERTY AT
3337 COLUMB3A STREET, EL MEDIO
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and carried, the Administrative Officer was authorized to execute a
maintenance repair contract with John Woods in the amount of $750 utilizing
Community DevelopmentBlock.Grant funds in preparation for sale of property
at 3337 Columbia Street, E1 Medio.
79-11 ADVANCE STEP HIRING FOR AN ACCOUNT SCHEDULING CLERK WORKING WITH THE
BUTTE COUNTY RURAL SENIOR SERVICE PROJECT (EOC) TAKEN OFF AGENDA
Consideration of the advance step hiring for an account scheduling
clerk working with the Butte County Rural Senior Service Project (EOC) was
taken off agenda.
79-12 DENY CLAIM FOR REFUND OF TAXES PAID - EDWIN AND PAULINE M, FELLMAN
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and carried, the claim for refund of taxes paid by Edwin and Pauline Mo
Fellman for AP 33-36-27 in the amount of $50010 was denied.
79-13 HOLD IN ABEYANCE - CLAIM FOR REFUND OF TAXES PAID - MRS. WAYNE E. FULLER
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and carried, the claim for refund of taxes paid by Mrs. Wayne E, Fuller
for AP 12-25-1-25 as a result of Proposition 13 rollback was held in abeyance.
79-14 _ APPR_OC7E_ 1979.-80 SOCIAL SERVICES PAAN (TITLE XX)
On motion of Supervisor Le~ske, seconded by Supervisor Moseley
and carried, the annual Butte County Department of Social Welfare's Title
XX Social Services,Plan.for the 1979-80 fiscal year was approved on the
condition that state and federal funds will be made available to implement
the plan.
79-15 APPROVE RIGHT-OF-WAY ACQUISITION, AGREEMENTS FOR SALE, CLARK ROAD
56452-74-2
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and carried, the following right-of-way acquisition, agreements for sale,
Clark Road 56452-74-2 were approved; the Chairman authorized to sign; and
the Auditor authorized to issue warrants upon demand of county's esc mw
agent:
Raymond Baker, et ux 0.03 acres $1,481 Impr $1,219 Total $2,700
Herbert Arnold, et ux Oo01 acres 198 -0- 198
Robert Hallstrom, et ux 0.02 acres 100 -0- 100
Gail Brewster, et a1 Oo03 acres 878 -0- 878
William Healy, et ux 0,02 acres 623 -0- 623
Page 31,
January 2y 1979
January 2, 1979
79-16 AUTHORIZE PUBLIC WORKS DIRECTOR TO NEGOTIATE WITH AUDITOR AND OTHERS
WITHIN COUNTY GO'V'ERNMENT IN ORDER TO DEVISE A METHOD OF PAYMENT IN THE
AMOUNT OF $116,000 FOR THE PURPOSES OF CONSTRUCTION OF HUNTOON STREET
GRADE SEPARATION PROJECT - CITY OF OROVILLE
Clay Castleberry, public works director, reported on the City
of Oroville's Huntoon Street grade separation project. The city has applied
under the grade separation project and received approval to replace the
structure on Huntoon Streeto It is a bad crossing. They received approval
and the bids came in higher than anticipated. The city needs $116,000.
He felt the structure replacement was necessary for the entire Bounty of
~~~! Butte: The project must be awarded by January 15, 1979 or the City of
', Oroville will lose $675,000 for the project. The funding for grade
separation projects is funded 80% by the state, YO% by local agencies and
ZO% by the railroad, He felt that the City of Oroville would get a
supplemental allocation to be able to pay the money back.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and carried, the Public Works Director was authorized to negotiate with
the Auditor and others within county government in order to devise a method
of payment in the amount of $116,000 for the purposes of the Huntoon Street
grade separation project for the City of Oroville regarding the overpass.
79-17 APPROVE REQUEST FOR REFUND OF $175 FOR RICHARD L, MC EWEN FOR USE
PERMIT AND ENVIRONMENTAL REVIEW FEES
Bettye Blair, planning director, set out the background of the
request for refund of fees. The Board of Zoning Adjustment heard this
proposal. During the hearing Counsel advised that the application was
improper. The Board of Zoning Adjustment recommended that the fees be
refunded.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and carried, the request for refund of $175 for Richard L. McEwen for
use permit and environmental review fees was approved.
RECESS: 9:59 a.m.
RECONVENE: 10:00 a.m.
79-18 WAIVING OF FIRST READING OF ORDINANCE ADDING ARTICLE VL OF CHAPTER 4
OF THE BUTTE COUNTY CODE RELATIVE TO BEES AND BEEKEEPING TAKEN OFF AGENDA
TO BE RETURNED WITHIN 30 DAYS
', Discussion of the proposed ordinance adding Article VI of Chapter 4
of-the Butte County Code relative to bees and beekeeping was held at this
time. Dan Blackstock, county counsel, stated that his office was submitting
the ordinance at the request of the Agricultural Commissioner.
William Levy, Gridley, stated that he was a commercial beekeeper.
kIe has several exceptions to the proposed ordinance. It is impossible-for
the commercial beekeepers to meet the requirements of the ordinance.
The matter taken off agenda for 30 days with a conference to be
held between Mr, Levy, the Agricultural Commissioner and Counsel.
79-19 ADOPT RESOLUTION 79-1: PUBLIC HEARING: ROBERT DAVIS - PROPOSED ABANDONMENT
OF TEiAT CERTAIN 20' PUBLIC UTILITY EASEMENT AS SHOWN ON LOT 143 OF THE
PARADISE PINES SUBDIVISION UNIT N0. 5, RECORDED IN BOOK 35, MAPS OF RECORD
AT PAGES 88 THROUGH 91, COUNTY OF BUTTE, STATE OF CALIFORNIA, BEING THE
EASTERLY 20' OF SAID LOT 143
The public hearing on the Robert Davis proposed abandonment of
that certain 20' public utility easement as shown on Lot 143 of the Paradise
Pines Subdivision Unit No. 5, recorded in Book 35, Maps of Record at
Page 32.
January 2, 1979
January 2, 1979
pages 88~through 91, County ofWButte, State of California, being the
easterly 20' of said Lot 143 was~held as advertised.
Bettye Blair, planning director, set out the background of the
proposed abandonment. This was heard by the Planning Commission. They
recommended abandonmento The utility companies have agreed to the proposed
abandonment. There was no input from Paradise Pines Property Owners
Association.
Hearing open ao the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and carried, the abandonment of that certain 20' public utility easement
as shown on Lot 143 of the Paradise Pines Subdivision Unit No. 5, recorded
in Book 35, Maps of Record at pages 88 through 91, County of Butte, State
of California, being the easterly 20' of said Lot 143 for Robert Davis was
abandoned; Resolution 79-1 was adopted and the Chairman authorized to sign.
AYES: Supervisors Lemke, Madigan, Moseley and Chairman Winston. ABSENTs
Supervisor Richter.
79-20 ADOPT RESOLUTION 79-2: PUBLIC HEARING: RALPH D. DROWN - PROPOSED
ABANDONMENT OF THAT PORTION OF V-4 ROAD, AS SHOWN ON THE MAP OF VILLA
VERONA RECORDED JANUARY 17, 1889 ON WALL MAR ~~12, COUNTY OF BUTTE, STATE
OF CALIFORNIA. LYING BETWEEN BLOCKS 28 AND 30
The public hearing on the Ralph D. Drown proposed abandonment
of that portion of V-4 Road, as shown on the map of Villa Verona recorded
January 17, 1889 on Wa11 Map ~~12, County of Butte, State of California,
lying between Blocks 28 and 30 was held as advertised.
Bettye Blair, planning director, set out the background of
~~' the proposed abandonment. This is a request of abandonment of a county
road. North Burbank Utility District has asked that they be allowed
to retain easement rights.
Hearing open to the publice Appearing: Ralph Drown. Mr.
Drown stated that he was requesting the 'abandonment of .the road. He had
been informed by the Assessor°s Office that this had been abandoned.
In the summer of 1977 he fenced t'he property including the right-of-way.
Mro Drown initiated the abandonment upon finding that the road had not
been abandoned. He felt there would be no need for the right-of-way.
Oro-Bangor Highway parallels this road to the southo It would cross
two north-south accesses.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and carried, the abandonment of that portion of V-4 Road, as shown on the
map of Villa Verona recorded January I7, 1889 on Wa11 Map ~k12, County of
Butte, State of California, lying between Blocks 28 and 30 was approved
subject to right of easement by North Burbank Utility District; Resolution
79-2 was adopted and the Chairman authorized to sign. AYES: Supervisors
Lemke, Madigan, Moseley and Chairman Winston. .ABSENT: Supervisor Richter.
79-21 PUBLIC HEARING: NOTICE OF INTENTION TO PURCHASE PROPERTY FOR GRIDLEY
LIBRARY: RATIFY AGREEMENT FOR PURCHASE OF PROPERTY
The public hearing on the notice of intention to purchase property
for the Gridley Library was held as advertised,
Page 33.
January 2, 1979
January 2, 1979
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and carried, the agreement with Dr. Bartschi for purchase of property at
Spruce and Haskell, Gridley was ratified and approved; payment to escrow
account ~~109078 Oroville Title Company was authorized and payment on
completion of escrow was also authorizedo
79-22 APPOINTMENT OF BOARD OF ZONING ADJUSTMENT MEMBERS TAKEN Ol'~`F AGENDA
Dan Blackstock, county counsel, requested that the Board put
over the appointment of the Board of Zoning Adjustment members until
after the new Board takes over. It was the intent at the time of the
reorganization that the appointments would be concurrent with the
Supervisors. In preparing the ordinance the first Monday of January
was not anticipated to be January 8th. The incumbent members will continue
to serve until a replacement has been appointedo
Matter taken off agenda until after new Board members have
taken office.
79-23 AUTHORIZE COUNSEL TO CONSULT LEGISLATORS IN ORDER TO PRESENT PROPOSED
AMENDMENT OF SECTION 6081 OF THE WATER CODE RE: LAKE MADRONE WATER DISTRICT
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and carried, Counsel was authorized to consult legislators; Senator Johnson,
Assemblyman Chappie and Assemblyman Statham, in order to present a proposed
amendment to Section 6081 of the Water Code regarding Lake Madrone Water
District.
79-2G~ APPROVE RENEWAL AGREEMENT WITH PRICE, BURNE55, PRICE AND DAVIS TO
HANDLE CERTAIN ITEMS OF LITIGATION AT AN HOURLY RATE PLUS EXPENSES
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and carried, the renewal agreement with Price, Burnes, Price and Davis
to handle certain items of litigation at an hourly rate plus expenses.
was approved and the Chairman authorized to signo
79-25 ADOPT RESOLUTION 79-3 AiUTHORIZING QUITCLAIM DEED IN THE MATTER OF THE
ESTATE OF IOLA E. ANDREWS, DECEASED (SUPERIOR COURT NOo_22.137)_
On lotion of Supervisor Moseley, seconded by Supervisor Lemke
and carried, Resolution 79-3 authorizing quitclaim deed in the matter of
the estate of Iola E. Andrews, deceased (Superior Court Noo 22137) was
adopted and the Chairman authorized to sign. AYES: Supervisors Lemke,
Madigan, Moseley and Chairman Winston. ABSENT: Supervisor Richter.
79-26 REJECT. CLAIMS OF SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR REFUND
OF PROPERTY TAXES FOR PREVIOUS FISCAL YEARS
On motion of Supervisor=_ Moseley, seconded by Supervisor Madigan
and carried, the two claims of Southern Pacific Transportation Company
for refund of property taxes for previous fiscal years were rejected.
79-27 RESOLUTIONS OF APPRECIATION TO SUPERVISORS MADIGAN AND RICHTER TO
BE BROUGHT BACK JANUARY 9, 1979
The resolutions of appreciation to Supervisors Madigan and
Richter were continued to January 9, 1979.
79-28 APPOINTMENTS_CONTINUED TO JANUARY 9.,.1979
The following appointments were continued to January 9, 1979:
1. Appointment to County Service Area 31 (Biggs Swimming Pool).
Page 34,
January 2, 1979
January 2, 1979
^ 2, Appointments to County Mosquito Abatement District.
3. Appointments to various committees for scheduled vacancies
for December 1978 and January 1979.
79-29 APPOINTMENT TO OROVILLE MOSQUITO ABATEMENT DISTRICT
On motion of Supervisor Winston, seconded by Supervisor Lemke
and carried, Rodney Mims, 2735 Oro Dam Blvd., Oroville was reappointed to
the Oroville Mosquito Abatement District for a two-year term expiring
December 31, 1980.
79-30 COMMUNICATIONS
Computer Sciences Corporation, El Segundo. Edwin T. Carson, vice-president
of plans and programs, writes concerning the selection of Systems
and Computer Technology for the facilities management vendor.
The communication has been explained by memo.
Barr and Minoletti, attorneys at law. The Attorneys, on behalf of Barbara
Mitchell, send notice of hearing and petition for relief from
claim requirement (Government Code Section 946.6). See motion
following communications.
John A. Gromala, Fertuna. Mr. Gromala forwards information concerning
the protest of passenger and freight fare increase that are in
the process of being instituted by Airutest. Discussed.
Administrative Officer to write a letter to Hughes Airwest expalin-
ing that the Board thinks the increase in airfare in the Chico area
is unwarranted with the President's measures and a copy to be sent
to the Civil Aeronautics Authority.
Cooperative Extension - University of California. The University forwards
information concerning the continuation of their activities with
the passage of Proposition 13 and requests continued support of
their programs. The Board is continuing to support subject to
limitations of Proposition 13.
79-30A REJECT CLAIM - BARBARA MITCHELL
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
carried, the claim of Barbara Mitchell regarding petition for relief from
claim requirement (Government Code Section 946.6) was rejected.
79-31. SUPPORT RESOLUTION OF NORTHERN CALIFORNIA SUPERV.CSORS' ASSOCIATION
RE; LACK OFCONCERN REGARDING STATE MANDATED COSTS
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and carried, the Board supported the resolution of the Northern California
Supervisors' Association regarding lack of concern regarding state mandated
costs with the original to go to Governor Brown and copies to Senator
Johnson, Assemblyman Chappie and Assemblyman Statham.
79-32 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Moseley commented on the memo from the Auditor about
Hal Brooks' trip to the FBT Academy. She did not feel the county should
leave themselves open to having an employee gone for extended periods of
time and having to have other employees do their work. When this happens
she felt that the job should be abolished. Supervisor Moseley felt that
the Board should adopt a policy that in the future if anything comes up
the Board look into the matter and have something on the books that says
the job will not be here when they get back.
Clif Nickelson, administrative officer, stated that the matter
had created quite a flurry. The comments have been directed at allocating
a person's duties to someone else and perhaps the Board should reanalyse the
travel policy and out-of-county travels There has been nothing in writing.
Page 35. January 2, 1979
January 2, 1979
Dan Blackstock, county counsel, stated that in the 1960s there
was an attempt to upgrade welfare workers. There was a program whereby
they would be sent at the taxpayers expense to school to get their degree.
The Board took a policy decision opposing this. They were not talking
about specialized training such as that Mr. Brooks will obtain. There
is nothing in the code to prohibit the county from obtaining training
for the employees. This is basically a policy matter.
Mr. Nickelson stated that Mr. Parker went to Kansas for
training and the Auditor refused to pay the amount. Asa result of
this Mr. Parker quit, There is a nurse going to the University of
California Berkeley in training. She goes down on her own time and
makes it back up in the clinics. It was a tradeoff.
Administrative Officer to give some thought to some type of
policy regarding this matter,
79-33 REFER ELIZABETH EISENHOUR REZONE BACK TO PLANNING COMNffS5I0N FOR
REHEARTNG
', Dan Blackstock, county counsel,. advised that a letter has'
been sent to the property owner advising her that the hearing did not
meet the notice requirements. The hearing will be reheard'be~fore_the
Planning Commission. Their recommendations will come to the Board.
In the mean time this is a single parcel. The county is anticipating
a parcel mapo In the event a parcel map is submitted it will not go
through. She will be advised of this fact.
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and carried, the Elizabeth Vo Eisenhour rezone was referred back to the
Planning Commission in accordance with the December 28, 1978 memo from
Del Siemsen, deputy county counsel.
79-34 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Gharmdn Winston acknowledged the memo from Del Siemsen, deputy
county counsel, regarding AB 231, The Board can instruct counsel to draft
an ordinance exempting Butte County from the bill. This would allow that
a neighbor planting trees or shrubs cannot interfer with solar heating.
This would be costly to enforce.
The matter was continued to January 9, 1979 for consideration
of a draft ordinance to exempt Butte County ,from the bill.
Chairman Winston stated that, the county had received reimbursesent
for dues in RCRC.
79-35 ADOPT RESOLUTION 79-4 IN APPRECIATION OF HENRY F, KEEPER, SUPERVISOR
SHASTA COUNTY FOR HIS YEARS OF SERVICE TO BE PRESENTED AT HTS RETTREMENT
DINNER ON FRIDAY EVENING
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and carried, Resolution 79-4 in appreciation of Supervisor Henry F. Keefer,
Shasta County, services to be presented at the retirement dinner on Friday
evening was adopted and the Chairman authorized to sign.
79-36 PUBLIC HEARING: BERNARD A, GELDARD - APPEAL OF ADVISORY AGENCY'S
CONDITION ~~1 ON A TENTATIVE PARCEL MAP, TWO LOTS, AP 54-23-106, OFF 0~'
ROCKFORD LANE, OFF OF PEARSON ROAD, NEAR THE INTERSECTION OF PENT-MAGALIA
HIGHWAY AND PEARSON ROAD PARADISE
The public hearing on the Bernard Aa Geldard appeal of Advisory
Agency's condition ~~1 on a tentative parcel map, two Zots, AP 54-23-106,
off of Rockford Lane, off of Pearson Road, near the intersection of
Page 36,
January 2, 1979
January 2, 1979
Pentz-Magalia Highway and Pearson Road, Paradise was held at this time.
Clay Castleberry, public works director, set out the background of the
appeal. This is a division of two parcels. The condition is the paving of
a 24 foot road into the second parcel. He would have to concur with that.
He advised the Board that he is working with several people on modification
of some of the requirements for minor divisions such as this one.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board,
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and carried, based on the testimony where the request was made by
Lippincott Surveying that the paving be reduced to 24 feet instead of
28 feet; the appeal was denied subject to future modification by
agreement with Public Works in the event conditions are changed within
90 days.
RECESS: 10:50 a.m.
RECONVENE: 11:00 a.m.
79-37 APPEARANCE: JAMES UNDERWOOD, REPRESENTING CHICO COMMUNITY CHURCH OF
GOD
_.__. Mr. Underwoo$ stated that the church has submitted a plan to
place a small addition to an existing building. They received word from
the county that they would have to apply for a use permit. He requested
a waiver of this requirement. In 1969-70 the church first submitted a
master plan. The parking has been put in.
Mr. Castleberry stated that he was familiar with the matter.
His department has no problem with the building plan. There is a slight
change in use which is a planning function. This would require a review
to determine whether a use permit is required.
Planning Director to meet with Mr. Underwood and report back
to the Board.
79-38 GRANT PERMISSION TO DEPARTMENT OF WATER RESOURCES TO PLACE PLAQUE
FOR B. ABBOTT GOLDBERG FOR HIS EFFORTS IN CONSTRUCTION OF THE FEATHER
RIVER PROJECT ON. THE ENTERPRISE BRIDGE NOTING THE NAME OF THE BRIDGE WILL
REMAIN THE SAME
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and carried, the Board granted permission for Department of Water Resources
to place a plaque for B. Abbott Goldberg for his efforts during construction
of the Feather River project on the Enterprise Bridge noting the name of
the bridge is to remain the same.
RECESS: 11:10 a.m.
RECONVENE: -11:11 a.m.
79-39 WAIVE USE PERMIT REQUIREMENT FOR CHICO COMMUNITY CHURCH OF GOD TO
MAKE ADDITION TO EXISTING BUILDING PRQVIDED AGREEMENT IS REACHED THAT
BUILDING WILL BE DEMOLISHED WHEi~I THE APPROVED DEVELOPMENT PLAN IS INSTIGATED
Bettye Blair, planning director, stated that she had talked to
Mr. Underwood relative to the problem the church is having with land use
development. It is S-R zoning and would be subject to a use permito.
The use permit was issued serveral years ago with an approved plan. There
was part of the construction program that did not conform to the use.;.permita
In this particular project, she recommended that since the chapel and
approved use permit and building are somewhat out of context that the use
be allowed. The existing facili"ty~ if,:and when development plan is
Page'37. January 2, 1979
January 2, 1979
started they have agreed to abandon and demolish the current facility,
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and carried, the use permit for the Chico Community Church of God was
waived and the building was allowed as an addition on the existing facility
provided an agreement is reached that the building will be demolished
when the approved development plan is instigated.
79-40 PUBLIC HEARING: WILLIAM N. LYMAN - APPEAL OF BOARD OF ZONING ADJUSTMENT
CONDITION REQUIRING THE INSTALLATION OF CURB, GUTTER SIDEWALK AND NECESSARY
STREET WIDENING ON USE PERMIT TO ALLOW A SMALL ANIMAL VETERINARY HOSPITAL
ON PROPERTY ZONED "C-2" (GENERAL COMNSERCIAL) LOCATED ON THE NORTHWEST
CORNER OF CAMPBELZ STREET AND MIDWAY',. IDENTIE'IED AS AP 40-222-13 AND i4,
DURHAM
The public hearing on Tj~lliam N. Lyman appeal of Board of Zoning
Adjustment condition requiring the installation of curb, gutter, sidewalk
and necessary street widening on use permit to allow a small animal
veterinary hospital on property zoned "G-2" (general commercial) located.
on the northwest corner of Campbell Street and Midway, identified as
AP 40-222-13 and 14, Durham was held as advertised.
Earl Nelson, environmental review director, set out the background
of the negative declaration. This project is an appeal of a condition on
a use permit and the Board is required to rehear the negative declaration
as well as the entire projecto He did not believe there was any controversy
regarding the negative declaration. The area has mixed uses of commercial
and residential. The only problem would possibly be the noise from the
animals overnight. This could possibly be aviaided with the condition that
animals cannot be kept overnight and a conditional negative declaration
be adopted,
Bettye Blair, planning director, set out the background of
the appeal. This matter was heard by the Board of Zoning Adjustment
subject to conditions. The applicant did state that this would not
be used as a boarding kennel. He agreed it should not be a boarding
kennel.
Hearing open to the publico Appearing:
1. Bill Lyman. Ar. Lyman. showed the Board photographs of the
facility. There is an existing building. The veterinary facility he
would like to develop in Durham will be the center of activity. It will
be a mixed practice taking care of small animals and a center for going
out to the agricultural interests of the county that have farm animals.
The requirements for the curb, gutter, sidewalk and street widening
would be difficult to meeto Dr. Lyman presented the Board with a paper
setting out the grounds for his appeal. This was read to the Boardo
2. Mike Wacker, Durham. Mr. Wacker stated that the area is
"C-2' zoning. A veterinary hospital is not a permitted use. There is
a requirement of ~a use permit. There is a need for veterinary care
in the Durham area.
3, Devere Pace, Chico. Mr. Pace stated that he would attest
to the need for large animal veterinarians and hoped the Board would do
everything they could to make the clinic possible.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseleg,ion the basis of this initial
evaluation finding the proposed-p~ojee~ could not have a significant
Page 38. January 2, 1979
January 2, 1979
effect on the environment, and a negative declaration was recommended.
Motion withdrawn.
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and carried,. although the proposed project could have a significant effect
on the environment, there will not be a significant effect in. this case
because the mitigation measures described below have been added to the
project and a negative declaration was accepted,
Animals shall not be kept at the veterinary hospital avernight
on a regular basis. If overnight boarding occurs or is desired more
often than at infrequent intervals, additional review by the Board of
Zoning Adjustment shall be necessary.
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and carried, the appeal was upheld and the use permit was granted with the
findings that it is in the best interest of the public and that the proposed
use of the property will not impair the integrity and character of the zone
in which the land lies and that the use would not be unreasonably incompatible
with, or injurious to, surrounding properties or detrimental to the health
or general welfare of the persons residing or working in the neighborhood
or to the general health,. welfare and safety of the county subject to
the following conditions:
1. Requ:~ements of Butte County Health Department.
2, No boarding except on an emergency basis.
3. Provide two off-street parking spaces for employees, designated in
accordance with attached standards (County Off-Street Parking Standards).
None of the required parking to be within setback area.
4. Parcel A, AP 40-222-14 not a part of this project.
Applicant must also comply with all other applicable State and local
statutes, ordinances and regulations.
79-41 PUBLIC HEARING: BILLIE JUNE TERRY - V~IRIANCE TO SECTIONS 19-10 AND/OR
19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF' A MOBILE HOME ON AP 22-16-42,
P. 0. BOX 413 (4TH _S_T_REET), BIGGS. ZONING: A-2
The public hearing on the Billie June Terry petition for variance
to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a
mobile home on AP 22-i6-42, P. 0. Box 413 (4th Street), Biggs, zoning: A-2
was held as advertised. Lynn Vanhart, environmental health director, set
out the background of the petition. It is in order.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and carried, the petition for variance to Sections 19-10 and/or 19-12 of
the Butte County Code for placement of a mobile home on AP 22-16-42, P. D.
Box 413 (~xth Street), Biggs, zoning: A-2 for Billie June Terry was approved
for a period of one year.
EXECUTIVE SESSION: The Board recessed at 11:32 a.m. to hold an executive
session regarding litigation.
Page 39.
January 2, 1979
January 2, 1.979
RECONVENE:^ The Board reconvened following an executive session at 12:13 p.m.
to discuss one personnel matter and several issues involving
pending litigation in which the county is involved. Chairman
Winston advised that Counsel had been authorized to submit
comments at the Energy Commission relative to the proposed
PG&E coal fired plant and the non-attainment plan for Butte
County. The county will seeek to insure that the air quality
and waste management are in compliance and the county is
interested in the impact on the environment.
79-~+2 STATEMENT BY SUPERVISOR MADTGAN
Supervisor Madigan affirmed the statements made by Supervisor
Richter earlier in the meeting regarding the good relationship with the
Board memberso He offered his personal assistance to the Board members
on an individual basis as needed.
79-43 CLARIFY AGREEMENT WITH SYSTEMS AND COMPUTER TECHNOLOGY CORPORATION
(SCT) FOR FACILITIES MANAGEMENT OF DATA PROCESSING SERVICES THAT WAS
APPROVED IN MENUTE ORDER 79-3
Aan Blackstock, county counsel, stated that with regard to
the agreement with SCT for facilities management of the data processing
services there was an oral agreement on page 38. However, the representatives
from SCT would prefer it if it would not be in that language. On second
thought, it refers to the rates for the successive two year period. They
want to hold the prices for the first two year extensiono
It was felt that the language should only cover the rates for
the first two year extension.
ADJOURNMENT
There being nothing further before the Board at this time,
the meeting was adjourned at 12:15 p.mo to reconvene on Tuesday, January 9,
1979 at 9:00 a.m.
ATTEST: CLARK A. NEL50N, COUNTY CLERK
RECORDER and ex-officio Clerk
of the Board of Supervisors
By ~~~ ~~°`- Chairman, Board of Supervisors
Page G~O.
January 2, 1979