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February 14, 1978
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STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Presents Supervisors Lemke, Madigan, Moseley, Richter and Chairman Winston.
C1if Nickelson, administrative officer;'~~Dan Blackstock, county counsel and
Clark A, Nelson, county clerk by Cathy Pitts, deputy clerk,
Pledge of Allegiance to the Flag of the United States of America.
Invocation by Supervisor Moseley
7$-281 APPROVAL OF MTNUTES
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and unanimously carried, the minutes of February 7, 1978 were approved as
mailed.
78-282 COMNRTNTCATTONS
Henry L, Williams, Gridley. Mr. Williams submits his resignation as a
member of the County Planning Commission, effective March 1, 1978.
Administrative Office to post vacancy and send letter of apprecia-
tion.
7$-283 INTRODUCTION OF JERRY D. SMITH - REPLACEMENT FOR ALVA MITCHELL AS
FARM ADVISOR
AI Mitchell, farm advisor, set out the history of the Farm
Advisor's Office. The office was created on August 16, 1918 in an agreement
with the University of California. Mro Mitchell introduced Mr. Richard
Teaque with the University of Oalifornia, Davis who is in charge of the
Northern California caunties.
Mx. Teaque stated that he would like to thank the board and
the people of Butte County for 60 years of cooperation with the Farm
Advisor's Office and the University of California. Mro Teaque introduced
Mro Jerry D, Smith who will be replacing Mr. Mitchell as Farm Advisor
for Butte County,
Mr. Smith stated that he did not foresee any changes in the
operation of the department. Mr. Smith stated that he hopes to continue
the excellent relationship that the board has with the department.
Supervisor Richter stated that the board is going to have
to support the Farm Advisor because of the trend of the state to withdraw
its support of the farming industry.
78-284 COMMiJNICATTON5
Upper Ridge Coordinating Council. The Coordinating Council writes in
support of the salary increase for Board of Supervisors' members.
Referred to hearing later in the meeting,
Gary L, Gregerson, Paradise, Mr. Gregerson writes advising that he wishes
to appeal conditions ~r`1, 3 and 6 on AP 31-211-19 which is set
for hearing on February 14, 1978 at 10:e:15 aomo Referred to hearing
later in the meeting.
The Oaks, Oroville. Russell Guiver writes appealing the Planning Commission's
denial of a rezone from commercial to planned area-cluster to allow
a condominium mobile home development on property located on the
southwest corner of Olive Highway and Wyandotte Miners Ranch Road,
AP 34-50-24, 25 and 29, containing 55 acres, more or less, Oroville.
Set for hearing February 28, 1978 at 10:00 a.m.
Page 238.
February 14, 1978
February 14, 1978
Qliva Webster, et al, Oroville. A letter^has been received signed by 39
persons requesting road improvements on Lone Tree Road, Referred
g.2~ 0 v to Public Works for comment to the board.
'; Robert A. Jones, Oroville. Mr. Jones writes concerning consolidation of
the elective office of Clerk and Recorder. Referred to later in
20¢~ ~d '' the meeting.
Northern California Chapter, March of Dimes, Chico. The organization
', requests Board of Supervisors concurrence with their planned
Walkethon on April 15 in the Oroville area. Referred to the
~~S.OD ! Sheriff.
Community Action Volunteers 'in Education (CAVE), Chico. The Organization
writes concerning conditions at the Chico Branch Welfare Office.
r ~I~O ~
b See discussion following communications.
', State Department of Transportation. The Department writes concerning the
establishment of a districtwide project priority list concerning
the State Transportation Improvement Program required by AB 402.
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4~ ~ Referred to Public Works for proposed letter setting out different
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Governor's Commission to Review California Water Rights Law. The Department
', forwards Staff Paper No. 6 (Legal Aspects of Instream Water Uses
d 0 '
4~/ in California) and sends notice of hearing to b,e held February 16,
,
• 1978 in San Francisco. Discussed; no action taken.
County of Tehama Board of Supervisors. The Supervisors write regarding
a reduction in the cost of electric power with the return of
', hydroelectric capacity. Copies to be made for board members
/D~, Z (~ ' and placed on the agenda for February 21, 1978.
78-285 DISCUSSION: CONDITIONS AT THE CHICO BRANCH WELFARE OFFICE
Discussion of the conditions at the Chico Branch Welfare Office
had at this time.
Supervisor Richter stated that there are restrooms in the building.
The county should make the facilities available to the publico
Chairman Winston stated that there was a situation on Friday
afternoon that almost prompted the closing of the office in Chico. There
was a crowd of people not satisfied. Theq were not receiving immediate.
attention and were abusive and reaching over partitions grabbing forms.
Supervisor Richter stated that the people involved in this
type of action should be arrested, The people who are needy should not
be punished,
78-286 ADDITIOI3AL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Moseley stated that the meetings on the updating
of the Housing Element of the General Plan was not running smoothly, There
are not enough members in attendance to hold a meeting.
Administrative Office to contact Mr, Persons and see if he will
be able to attend the meetings. It was felt that all of the members
should be contacted.
Supervisor Richter stated that he would Iike to discuss the
letter from the convalescent hospital regarding transportation. The
matter to be discussed later in the meeting.
Page 239.
February 14, 1978
February 14, 1978
Chairman~:~Winston appointed himself, Supervisor Lemke, Mr. Bandy
and another party to be chosen by the Chairman at a later date to meet
with Mr. Fortier and Mr. Hutfless regarding their problems with herbicide
drift. There will be a recommendation coming out of this committee. .
78-287 ADOPT ORDINANCE 1898: PUBLIC HEARING: FRANK H. BOATWRIGHT - NEGATIVE
DECLARATION AND REZONE FROM "A-R" (AGRICULTURAL RESIDENTIAL) TO "AR-MH"
(AGRICULTURAL RESIDENTIAL-MOBILE HOMES) i'ROPERTY LOCATED APPROX. 1/4 MILE
SOUTH OF FOOTHILL BLVD,, APPROX. ONE MILE SOUTHEAST OF OROVILLE BANGOR
HIGHWAY, IDENTIFIED AS AP 36-22-104, CONTAINING 2000 ACRES, MORE OR LESS,
OROVILLE.
The public hearing on the Frank H. Boatwright negative declaration
and rezone from"A-R" (agricultural residential) to "AR-MH" (agricultural
residential-mobile home) property located approximately 1/4 mile south of
Foothill Blvd., approximately one mile southeast of Oroville Bangor Highway,
identified as AP 36-22-104, containing 20.0 acres, more or less, Oroville
was held as advertised. Richard Molcan, environmental review, set out the
background of the negative declaration, Jim Lawson, planning director,
set out the background of the rezone. The Planning Commission voted S to
0 to approve the rezone.
Hearing on the negative declaration open to the public.
Appearing: No one.
Hearing closed to the public and confined to the board,
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, on the basis of this initial evaluation, finding
the proposed pro3ect could not have a significant effect on the environment,
a negative declaration was adopted.
Hearing on the rezone open to the public. Appearing: No one,
Hearing closed to the public and confined to the board.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the rezone from "A-R" to "AR-MH" was approved
with the findings that it is consistent with the General Plan; Ordinance 1898
was adopted and the Chairman authorized to sign.
78-288 ACCEPT ANNUAL CETAC REPORT AND EVALUATION
', On motion-of Supervisor Lemke, seconded by Supervisor Richter
', and unanimously carried, the annual CETAC report and evaluation was accepted.
78-289 RATIFY MEMORANDUM OF UNDERSTANDING AS REQUIRED BY SECTION 11.12 OF THE
PERSONNEL RULES,-DEFINING THE TERMS AND CONDITIONS UNDER WHICH THE BUTTE
COUNTY EMPLOYEE'S ASSOCIATION MAY HAVE ACCESS TO EMPLOYEES AND COUNTY
FACILITIES
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the memorandum of understanding as required by
Section 11.12 of the Personnel Rules, defining the terms and conditions
under which the Butte County Employee's Association may have access to
employees and county facilities was ratified.
78-290 ADOPT RESOLUTTON 78-30 AMENDING THE COUNTY PERSONNEL RULES TO IMPLEMENT
THE AGREEMENT DEFINING THE TERMS AND CONDITIONS OF EMPLOYMENT FOR MEMBERS
OF THE MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT - RATIFY MEMORANDUM OF
UNDERSTANDING RE: ESTABLISHMENT OF THE MANAGEMENT, CONFIDENTIAL AND SUPERVISORY
UNIT.
On motion of Supervisor Lemke, seconded by Supervisor Richter
and unanimously carried, the memorandum of understanding regarding the
establishment of the Management, Confidential and Supervisory Unit was
ratified; Resolution 78-30 amending the county personnel rules to implement
Page 240.
February 14, 1978
February 14, 1978
the agreement defining the terms and conditions of employment for members
of this unit was adopted and the Ghairman authorized to sign.
78-291 APPROVE MANAGEMENT TRAINING GRANT APPLICATION UNDER THE PROVISIONS
OF THE INTER-GOVERNMENTAL PERSONNEL ACT, WHEREBY THE COUNTY WILL RECEIVE
$300 TO RECOVER THE COST OF A MANAGEMENT TRAINING COURSE IN "EMPLOYEE
DISCIPLINE" AND "GRIEVANCE HANDLING" COURSE WHICH WILL BE HELD ON MARCH 9,
197s
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the management training grant application under
the grovisions of the Inter-governmental Personnel Act, whereby the county
will receive $300 to recover the cost of a management training course
in "employee discipline" and "grievance handling" course to be held
on March 9, 1978 was approved and the Personnel Director authorized to
sign.
78-292 CONTINUE SALARY ORDINANCE AMENDMENT RECLASSIFYING SEVERAL POSITIONS
iN CETA, WELFARE, DISTRICT ATTORNEY'S OFFICE AND COUNTY CLERK AND PROVIDING
FOR FLEXIBLE HIRING PATTERN TN OROVILLE JUSTICE COURT CLERK POSITION TO
FEBRUARY 21, 1978
The waiving of the first reading of the salary ordinance
amendment reclassifying several positions in CETA, Welfare, District
Attorney's Office and County Clerk and providing for a flexible hiring
pattern in Oroville Justice Court Clerk positions was continued to
February 21, 1978.
78-293 PUBLIC HEARING DATE SET
A public hearing date of February 28, 1978 at 9:45 a.m. was set
for consideration of a negative declaration for Nord Fire Station remodeling.
78-294 ADOPT RESOLUTION 78-31 SETTING PUBLIC HEARING DATE ON FORMATION OF
COUNTY SERVICE AREA 457 (BF+RRY GREEK FIRE HYDRANTS)
On motion of Supervisor Richter, seconded by Suprvisor Lemke
and unanimously carried, Resolution 78-31 setting a public hearing date
of March 7, 1978 at 10:00 a.m. for consideration of the formation of
County Service Area ~~57 (Berry Creek fire hydrants) was adopted and the
Chairman authorized to sign.
78-295 ADOPT RESOLUTION 78-32 ADOPTING LAKE MADRONE WATER DISTRIGT BYLAWS
On motion of Supervisor Moseley, seconded by Supervisor Richter
and unanimously carried, Resolution 78-32 adopting Lake Madrone Water
District bylaws was adopted and the Chairman authorized to sign.
78-296 APPROVE ADMINISTRATION BUILDING CHANGE ORDER d~.4 AND #3
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, change order #.4 in the increasing amount of $299.31
to provide additional panel anchors and change order ~f~3 in the increasing
', amount of $1,052 in order to provide rebar extensions in preparation for
the second story addition for the Administration Building were approved.
78-297 APPROVE REMODELING PLAN - OROVILLE WELFARE BUILDING AT AN ESTIMATED
COST OF $143,760 - AUTHORIZE PROCEEDING WITH THE PROJECT
Clif Nickelson, administrative officer, stated that the county
would have to pay $35,000 at the outside. An appropriation would probably
eliminate the $359000,
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, the remodeling plan for the Oroville Welfare building
at an estimated cost of $143,760 was approved and proceeding with the project
was authorized,
Page 241.
February 14, 1978
February 14, 1978
78-298 APPROVE BUDGET TRANSFERS
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and unanimously carried, the following budget transfers were approved:
B-98 Fish and Game Commission. Transfers $100 from maintenance
of equipment to office expense in order to provide for an increase to
appropriation to cover the cost of printing violation report cards.
B-100 Assessor. Transfers $1.,000 from extra help to overtime
to cover the cost of overtime salaries during the exemption processing .
period.
B-101 Water Entitlement. Transfers $10,000 from the reserve
for contingencies to cover the 1978 water allotment to the California Water
Project for water entitlements.
78-299 PUBLIC. HEARING: NORMAN SMITH - APPEAL CONDITION ~k10 OF A TENTATIVE
PARCEL MAPS AP 45-30-04, FOUR LOTS, SOUTH SIDE OF KATHY LANE, WEST OF
GARNER LANE CHICO FROM 1/31/78
The continued public hearing of Norman Smith appeal of condition
~~10 of a tentative parcel map, AP 46-30-04, four lots, south side of Kathy
Lane, west of Garner Lane, Chico was held at this time. Clay Castleberry,
public works director, set out the background of the appeal. Mr, Smith
is appealing the drainage requirement. Mr. Castleberry stated that he
would have to recommend that Mr. Smith comply with the condition.
Hearing open to the public. Appearing: Norman Smith. Mr.
Smith stated that the street is isolated and not a through street. There
can be maybe three more parcels on the street. It is pretty much a closed
area. Mr. Smith stated that he is willing to discuss a compromise.
The residents of Kathy Lane voted to grade and gravel the road to bring
it up to standard.
Hearing closed to the public and confined to the board.
Supervisor Richter stated that public interest requires a
deposit on the drainage in this area.
Chairman Winston stated that there is no equity in the deposit,
Since Mr. Smith is the last one developing he Should not have to be penalized,
Mr. Castleberry to meet with Mr. Smith and discuss the compromise,
The hearing is continued to later in the meeting.
78-300 ADMINISTRATIVE OFFICER TO DISCUSS INTEREST IN THE:~BURBANK SCHOOL SITE
WITH OROVILLE SCHOOL DISTRICT FOR HCD ACQUISITION
The Administrative Officer w~-~~~
as instructed to meet with the
', Oroville School District to discuss the interest in the Burbank School
', site for HCD acquisition and come back to the board with the size of the
building and discuss price.
78-301 ADOPT ORDINANCE 1899: PUBLIC HEARING: GCR DEVELOPMENT INC. - EIR AND
REZONE FROM "A-2 LIMITED" TO C-2" (GENERAL COMNFERCIAL) PROPERTY LOCATED ON
THE EAST SIDE OF ELARK ROAD, APPROX 1000 FEET SOUTH OF WAGSTAFF ROAD,
IDENTIFIED AS AP SO-19-38, CONTAINING 1.93 ACRES. MORE OR LESS, PARADISE
The public hearing on the GCR Development, Inc. environmental
impact report and rezone from "A-2 limited" to "C-2" (general commercial)
property located on the east side of Clark 'Road, approximately 1000 feat
south of Wagstaff Road, identified. as AP 50-19-38, containing 1.93 acres,
more or less, Paradise was held as advertised.
Page 242,
February 14, 1978
February 14, 1978
Richard Molcan, environmental review, stated that this is an
enlargement of the Paradise Plaza Shopping Center. Mr. Molcan stated that
his office was using the original EIR for the use permit that had been
granted.
Hearing on the EIR open to the public. Appearing: No one.
Hearing closed to the public and confined to the board.
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, because the board has reviewed the contents of
the draft environmental impact report, the comments received thereon, and
the responses to those comments, the board certifies that the final environ-
mental impact report has been completed in compliance with the California
Environmental Quality Act, the_State EIR Guidelines and the Butte County
Environmental Review Guidelines and the EIR was adopted.
Hearing on the rezone open to the public, Appearing: No oneo
Hearing closed to the public and confined to the board.
On motion of Supervisor Lemke, seconded by Supervisor Richter
and unanimously carried, based on our own knowledge and research and on
information presented to us concerning this project, including the
environmental impact report which was considered im arriving at a decision,
the board finds that the project could have a significant effect on the
environment but will not in this case because of the adopted mitigation
measures attached hereto and by this reference made a part hereof as
follows:
1. This project has a definite economic impact on the Community.
2, It increase the tax base.
3. Provides shopping for local residents, they will not have to travel
to distant points to do their shopping.
4. It will employ additional people, approximately 200 people.
S. It will have a definite social impact on the community.
the rezone was approved with the findings that it is consistent with the
General Plan; Ordinance 1899 was adopted and the Chairman authorized to
sign.
78-302 PUBLIC HEARING: NORMAN SMITH - APPEAL CONDITION ~~10 OF' A TENTATI'(7E
PARCEL MAP, AP 46-30-04, FOUR LOTS, SOUTH SIDE OF KATHY LANE, Wf?ST OF
GARNER LANE, CHICO
The continued public hearing on the Norman Smith appeal of
condition #10 on a tentative parcel map, AP 46-30-04, four lots, south
side of Kathy Lane, west of Garner Lane, Chico was held at this time.
Clay Castleberry, public works director, stated that since one parcel
is developed Mr. Smith is adding three lots and taking a look at the
density there could be a compromise on the deposit of about $4,350.
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the appeal of condition ~f10 was denied and the
board accepts the compromise by accepting the $4,350 deposit for drainage.
Page 243.
February 14, 1978
February 14, 1978
RECESS: 10:10 a.m. J J _ _ _
RECONVENE: 10:20 a.m.
78-303 PUBLIC HEARING: GARY GREGERSON - APPEAL CONDTTTON dk1, 3 AND 6 ON A
TENTATIVE PARCEL MAl?,,AP 31-211-19.,_TWO, LOTS, SOUTH SIDE OF PLUMAS AVENUE
150 FEET WEST OF SEVENTH STREET THERMALITO
The public hearing on the Gary Gregerson appeal of conditions
~~1, 3 and 6 on a tentative parcel map, AP 31-211-I9, two lots, south side
of Plumas Avenue, 150 feet west of Seventh Street, Thermalito was held
at this time. Clay Castleberry, public works director, set out the
background of the appeal. The appeal is on the urban improvements and
the drainage.
Hearing open to the public. Appearing: Gary Gregerson. Mr.
Gregerson stated that the property involved is a house with a vacant lat.
Mr. Gregerson stated that he would be happy to enter into a covenant with
the county to put the improvements and drainage in when the area is improved,
Mr. Gregerson stated that state law provides that if drainage is needed
then a drainage district is to be formed. Mr. Gregerson has no objections
to this.
Hearing closed to the public and confined to the board.
Chairman Winston stated that Counsel had told the board that
convenants could not be entered into.
Public Works Director to contact the counties that use convenants
and see if they have had any problems.
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, the hearing was continued for 30 days to March 14,
1978 at 10:15 a,m.
78-304 PUBLIC HEARING: SALARY ORDINANCE INCREASING BOARD OF SUPERVI9~R5
SALARIES WITH PROVISIONS FOR COST OF LIVING INCREASES AS RECOMMENDED BY
THE GRAND JURY
The public hearing on the salary ordinance increasing Board of
Supervisors salaries with provisions far cost of living increases as
recommended by the Grand Jury was held as advertised.
Hearing open to the public. Appearing:
1. James Hansen, Oroville. Mr. Hansen stated that this should
be placed on a referendum for the people to vote ona": Mr, Hansen stated
that the Grand Jury should be more concerned with the criminal problems
than the salary increases for the board.
2. James L. A11en, Oroville. Mr. A11en stated that he would
Iike to see the board's salary separate from the county employees; the
board be given a $250 per month immediate automobile expense not subject
to audit; and any board member out of the county to receive $40 per diem;
and increase the board's salary to $1500 per month with the stipulation
that it not be tied to any adjustment.
3, Jane Dolan, Chico. Ms. Dolan stated that she was opposed
to an increase in the salary.. :r=
4. Cecil Patterson, Oroville, Mr, Patterson spoke in favor
of the increase in salary.
Page 244,
February 14, 1978
February 14, 1978
S. Orrin B. Stratton, Butte County Taxpayers Association. Mr,
Stratton spoke in opposition to the increase in salary.
', 6. Teddy Malquist, Nimshew Ridge. Mr. Malquist spoke in favor.
7. Howard Johnson, Magalia. Mr. •.Johnson spoke in favor of the
increase.
8. Richard Fast, Democraticc~ Central Committee. Mro Fast spoke
', in opposition to the increase.
', 9. Jim Cook, executive director of the BC~'A. Mr. Cook stated
that as an individual he was in favor of the increased Mr. Cook stated
that in a survey of BCEA members 60 percent felt that the supervisors should
receive an increase.
10. Mary Kathleen Grieder, Chico. Ms. Grieder stated that she
opposed the pay increase,
11. Lyndia Smith, Chico< Ms. Smith stated that she was apposed
to the increase.
', 12, Bill Fox, Oroville. Mr. Fox stated that he was in favor
of the increase.
', 13. Jim Lynch, Chico, Mr. Lynch stated that the board should
follow the suggestions of the Grand Jury,
14. Robert F. Grant, Oroville Rotary Club. Mr. Grant stated that
he was in favor of the increase.
15, V. L. Goodrich. Mr. Goodrich stated that he was in favor of
the increase.
', 16. Charles Hancock, foreman, Grand Jury. Mr. Hancock stated
', that the Grand Jury is charged with reviewing the board's salary. The
Grand Jury has made a recommendation that the salary should be increased.
j 17. Walter Bolles, Oroville. Mr. Bolles asked that each board
member give a statement as to how many ours a day or week are spent on the
job and what is received in addition to the salary.
Chairman Winston stated that the board receives $858 per month,
', $.17 per mile and reimbursement for actual costs and state allocation of
', $25 per month far road inspectians.
18. Adolph Pearson, Paradise. Mr, Pearson stated that the board
should take a long look at the salary increase.
Chairman Winston stated that four- letters had been received:
1. H. C. Ashley, Magalia in support of the increase,
2. Robert S. Fortino, Paradise Pines, in support of the increase.
3. Arlene M. Aarby, Magalia, in support of the increase,
4. Upper Ridge Coordinating Council in support of the increase.
Hearing closed to the public and confined to the board.
Chairman Winston stated that he was aware of the salary when
he ran for office. Chairman Winston stated than since becoming a Supervisor
he has lost money in his business. The raise would not make she difference
Page 245.
February 14, 1978
February 14, 1978
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
between a full time supervisor and a part time one. Any action on this
matter should be considered at budget time.
Supervisor Lemke stated that he was in business for himself
at the time he became a Supervisor. Since that time he has been forced
to sell the business because of the demands of the office. Supervisor
Lemke stated that the raise would help him-: ,..
Supervisor Moseley questioned Counsel on the Charter and
the Constitution.
Mr. Blackstock, county counsel, stated that around 1970 the
state law was changed to have the board set their own salariese
It was moved by Supervisor Lemke that the first reading of
the ordinance be waived deleting from mid-line 8 to 12 the cost of
living increase tied to the employees' salaries,
Motion withdrawn.
It was moved by Supervisor Lemke that the first reading of
the ordinance be waived with the deletion of mid-line 8 to 12, the cost
of living increase tied to the employees' salaries, with the ordinance
to be effective July i, 1978 subject to available funds at budget time,
Motion dies for lack of second:
The Administrative Officer to bring the salary ordinance
back to the board for consideration at budget time,
RECESS: 11:42 a.m,
RECONVENE: 11:47 a.m.
78-305 APPROVE PRESENTING TO THE VOTERS ON THE BALLOT THE ALLOWANCE OF
APPOINTING THE RECORDER WITH THE APPOINTMENT OF THE CLERK AS THE RECORDER
IF HE SO DESIRES TO ACCEPT THAT APPOINTMENT
On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried, the board moved to present to the voters a change in Article
IV Section 3.1 of the County Charter to allow for the appointment of the
Recorder and if the Clerk so desires to accept the appointment, appointing
the Clerk as Recorder with an effective date of noon January 2, 1979 by
majority vote of the board.
AYES: Supervisors Lemke, Madigan, Moseley and Richter
NOES: Chairman Winston.
County Counsel to bring back ordinance later in the meeting.
78-306 ADOPT ORDINANCE 1940: PUBLIC HEARING: BARBARA WARD - NEGATIVE DECLARATION
AND REZONE FROM "S-R" (SUBURBAN RESIDENTIAL) TO "AR-MH-3" (AGRICULTURAL
RESIDENTIAL - MOBILE HOMES - THREE ACRE PARCELS) PROPERTX LOCATED $ETWEEN
LONE TREE ROAD AND POWER HOUSE HILL ROAD, APPROX. 1/2 MILE SOUTH OF BAGGETT
MARYSVILLE ROAD, IDENTIFIED AS AP 36-53-04, 05, 18, 19, 20 & 21, CONTAINING
114 ACRES, MORE OR LESS, OROVILLE
The public hearing on the Barbara Ward negative declaration and
rezone from "S-R" (suburban residential) to "AR-MH-3" (agricultural residential
mobile homes - three acre parcels) property located between Lone Tree Road
and Power House Hill Road, approximately 1/2 mile south of Baggett Marysville
Road, identified as AP 36-53-04, 05, 18, 19, 20 & 21, containing 114 acres,
more or less, Oroville was held as advertised.
Hearing on the negative declaration open to the public.
Appearing: James~Hansen, Oroville. Mr, Hansen stated that he was concerned
with the septic tanks affecting the wells in the area.
Page 246,
February 14, 1978
February 14, 1978
Hearing closed to the public and confined to the board.
On motion of Supervisor Moseley, seconded by Supervisor Richter
and unanimously carried, on the basis of this initial evaluation the
proposed project could not have a significant effect on the environment,
and a negative declaration was recommended.
aim Lawson, planning director, set out the background of the
rezone. The Planning Commission voted 5 to 0 to approve the rezone.
Hearing on the rezone 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 Richter
and unanimously carried, based on the information in the negative declaration
the rezone was approved with the findings that it is consistent with the
General Plan; Ordinance 1900 was adopted and the Chairman authorized to
sign.
78-307 PUBLIC HEARING: TIMBER PRESERVE ZONE - REZONE TO "TP-160" (TIMBER LANA
PRESERVE) ZONE PORTIONS OF EASTERN BUTTE COUNTY, CONTAINING '].4,630 ACRES
or 22,86 SQUARE MILES, MORE OR LESS - CONSIDERATION OF ADDITIONAL PARCELS
TO BE_INCLUDID AS REQUESTED BY DIAMOND INTERNATIONAL.
The continued public hearing on the Timber Preserve Zone rezone
to "TP-160" (timber land preserve) zone portions of Eastern Butte County,
containing 14,630 acres or 22,86 square miles, more or less for consideration
of additional parcels to be included as requested by Diamond International
was held at this time. Jim Lawson, planning director, stated that the
board would be considering inclusion of the parcels on List B. Basically,
the question is as to whether the board wants to include properties
where timber rights are held by someone other than the owners. This
is a benefit for timber rights and restricts the overlaying property owner.
Discussion of who has the primary rights had at this time.
Del Siemsen, deputy county counsel, stated that the parcels
that are under consideration are not from the Assessor. According to
the Government Code if the land owner does not receive notice of
being placed on List B they could "petition to be included. Diamond
International has the timber rights. The underlying property owners
have not requested inclusion. Diamond International says that because
it holch the timber rights that is sufficient to constitute a land
owner.
Hearing open to the public. Appearing:
1. Richard Barnes, assessor's office, stated that the properties
were excluded because the underlying property owners are considered to
have the greater interest. Some of the parcels are lots or 1/2 acre
lots and do not fit the criteria for TP zoning. They are not timber
parcels. One parcel has a 16 lot subdivision.
2. Bob Barrett, Diamond International. Mr. Barrett stated
that the property is timber land, Diamond International owns the timber
rights. Mr. Barrett stated that the 16 acre subdivision could be excluded
but that the additional 144 acres should be protected.
Mr. Barnes stated that the property is assessed. for timber
rights and the property is assessed for fair market value. The property
was never assessed as timber land. Mr. Colman's property was excluded
and he is an underlying property owner.
Page 247.
February 14, 1978 '
February 14, 1978
J _ County Counsel to write the board a letter giving them an opinion
as to who has the biggest interest, the underlying fee ownership or the
timber rights.
The matter is continued to February 28, 1978 at 10:45 a.m. with
the property owners to be xenoticed.
78-308 PUBLIC HEARING: CUSSICK AVENUE STORM ORDINANCE - BID OPENING AND HEARING
ON ASSESSMENT DETERMINATIONS PURSUANT TO. ORDINANCE REQUIREMENTS OF REVENUE
SHARING COMMUNITY AEVELOPMENT TRUST FUND - CONTINUED TO MARCH 7 1978
At the request of the Public Works Director the public hearing
on the Cusick Avenue storm ordinance bid opening and hearing on assessment
determinations pursuant to ordinance requirements of revenue sharing
community development trust fund was continued to March 7, 1978 with
Public Works renoticing the hearing.
78-309 APPEARANCE: JAMES HANSEN, OROVTLLE
Mr. Hansen stated that compensation for county members shall
be subject to a referendum. Mr. Hansen stated that he would like to see
public officials support the constitution. The Criminal Code of the
State of California does not override the State Constitution.
78-310 APPEARANCE: HENRY SIMPSON PALERMO
Mr. Simpson stated that he has been given 30 days to correct
a problem with his leach fields. Mr. Michael Harris had come before the
board asking for help in solving this problem. Mr. Simpson stated that
his leach field had been apgroved at the time they were put in and one
of them is on Mr. Harris' property. Mr. Simpson stated that the only
time he has any problems is when OG7ID water seeps into his leach fields.
Mr. Simpson is to ask the Health Department to make an attempt
to correct the situation.
78-311 APPEARANCE: ROBERT F. GRANT, DIRECTOR OF_THERNFALITO IRRIGATION DISTRICT
Mr. Grant stated that he would like to bring to the board's
attention as governing body for County Service Area ~~26 a possible
conflict of interest. Mr, Grant stated that Counsel for TID had issued
an opinion that there was no conflict of interest.
The matter is on the TID agenda and should be discussed at
that level before the board enters into the matter.
78-312 APPEARANCE: TOM HEGENBART
Mr. Hegenbart stated that nothing has happened with the Holcomb
junk yard. Mr. Holcomb has broken his probation by bring in more junk.
Mr. Hegenbart stated that the phone is taken off the hook for sometimes
four or five days at a time. No one will come out an investigate this
matter. This leaves everyone on the party line without the use of a
phone.
The Zoning Inspector will make an inspection of the property
on Thursday or Friday and a full report will be made next Tuesday.
The report will be referred to the District Attorney's Office.
this time.
Discussion of declaring the area a public nuisance had at
Dan Blackstock, county counsel, to report back to the board
on February 21, 1978 regarding the legal aspects of declaring the area
a public nuisance.
Page 248.
February l4, 1978
February 14, 1978
78-313 APPEARANCE: MR. MANTz
Mr. Mantz presented Mr. Blackstock with the new complaints
from himself and Mr. Fletcher on the Holcomb matter.
78-314 PUBLIC HEARING: ORDINANCE. INCREASING TRANSIENT OCCUPANCY TAX FROM
5% TO 6% - WAIVE FIRST READING
The continued public hearing on the ordinance increasing
Transient Occupancy Tax from 5% to 6% was held at this time.
Hearing open to the public. Appearing:
I. Mary Nevin, Paradise Chamber of Commerce. Ms. Nevin
stated that the Chamber of Commerce would Iike the board to pass the
ordinance. The money .should be far promoting tourism.
2. Jim Lynch. Mr. Lynch stated that the bed tax should
be raised but the money should not be ear marked.
3. Joe Synder, Paradise. Mr. Synder stated that he was
against the bed tax when it was first started.
Hearing closed to the public and confined to the board.
It was felt that the money should not be ear marked.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the first reading of the ordinance increasing
the Transient Occupancy Tax from 5% to 6% was waived.
78-315 PUBLIC HEARING: NOTICE OF INTENTION TO PURCHASE REAL PROPERTY DESCRIBED
AS A PORTION OF AP 12-096-02, LOCATED ON THE NORTHEAST CORNER OF HIGH STREET
AND HUNTOON IN OROVILLE, FOR THE.~PURPOSE OF A PARKING LOT - PROJECT HAS
BEEN GIVEN A CATEGORICAL EXE[~TION FROM ENVCRONMENTAL REVIEW
The continued public hearing on the notice of intention to;:purchase
real property described as a portion of AP 12-096-02, located on the north-
east corner of High Street and Huntoon in Oroville, for the purpose of
a parking lot was held at this time.
Hearing open to the public. Appearing:
1. Clayton D'Arcy, City Council. Mr. D'Arcy stated that
something should be done about the parking for the employeeso The City
of Oroville will be happy to cooperate with the board. The City would
be happy to furnish free parking to the employees during the transition
period.
2, Bill Aistin.; Mro Aistin stated that he would like to
reaffirm the need £or parking in downtown Oroville. Mr. Aistin stated
that the business community had to pay for the parking facilities in
the city and that the county should take care of parking for its employees.
3. Stu Smith, president, Downtown Business Associationo Mr.
Smith stated that there is a parking problem. The Association is willing
to cooperate with the city and county on the matter.
Hearing closed to the public and confined to the boardo
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and carried, the intention to purchase real property for the purpose of
a parking lot was denied and the property will not be purchased for the
purpose of a parking lot.
AYES: Supervisors Lemke, Madigan and Chairman Winston. NOES: Supervisors
Moseley and Richter. Page 249.
February 14, 1978
February 14, 1978
78-316 ACCEPTvOFFER OF EASTER SEAL SOCIETY FOR VAN FOR TRANSPORTATION OF
HANDICAPPED AND ELDERLY CITIZENS - COUNTY WILLING TO CONTRACT WITH
VENDOR (CHICO CLIPPER) FOR PROVIDING OF THE SERVICES
T Discussion of transportation for the handicapped had at this
time.
Mr. Wayne Speigel of Easter Seal stated that he was not opposed
to the services that are provided by CAVE. Mr. Speigel stated that Easter
Seal was willing to provide a van for transportation of the elderly and
handicapped if the county could provide a CETA funded driver. The
Easter Seal Society would be able to use the van for out of county
facilities, It is difficult to get a volunteer to work five days a
week and put in forty hours. The Chico Clipper is a fine service
but does not take into consideration the handicapped. The van could
be used through the Chico Clipper service.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the offer of the Easter Seal Society to provide
a van for transportation of the elderly and handicapped was accepted and
the county is willing to contract wins the vendor, Chico Clipper, for
providing the services when the van is delivered.
78-317 WAIVE FIRST READING: SALARY ORDINANCE AMENDMENT RECLASSIFYING SEVERAL
POSITIONS IN CETA, WELFARE, DISTRICT ATTORNEY'S OFFICE AND COUNTY CLERK AND
PROVIDES FORA FLEXIBLE HIRING PATTERN IN OROVILLE JUSTICE COURT CLERK
POSITIONS
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, the first reading of the salary ordinance amendment
reclassifying several positions in CETA, Welfare, District Attorney's
Office and County Clerk and providing for a flexible hiring pattern ~in
Oroville Justice Court Clerk positions was waived.
78-318 APPROVE NEW JUVENILE HALL DAILY RATE OF $31.50 TO BE EFFECTIVE MARCH 1,
1978
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, Che new Juvenile Hall daily rate of $31.50 to
be effective March 1, 1978 was approved.
78-319 DENY RELIEF OF ACCOUNTABILITY - PROBATION OFFICER CONCERNING THE CLAIM
OF RAYMOND 0. GOTT
The claim to Raymond 0. Gott has bean paid out of county funds.
Discussion of leaving money in the drawer overnight had at this time.
', On motion of Supervisor Madigan, seconded by Supervisor Richter
and carried, the granting of relief of accountability was denied and-the
county is to Look to the Probation Office for payment that the county has
authorized. AYES: Supervisors Lemke, Madigan, Moseley and Richter. NOES:
Chairman Winston.
78-320 DEVELOPMENT OF A CONTRACT AND APPROVAL OF TRANSFER OF FUNDS FROM THE
RESERVE. FOR AUTOMATED INFORMATION SYSTEM FOR LAW ENFORCEMENT AGENCIES AND
', PROBATION AT A COST NOT TO EXCEED $9.000 TAKEN OFF AGENDA
The authorization for the development of a contract and approval
', of transfer of funds from the reserve for automated information system
for law enforcement agencies and Probation at a cost not to exceed $9,006
was taken off the agenda.
78-321 APPROVE PUBLIC WORKS ITEMS
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, the following. Public Works items were approved:
Page 250.
February 14, 1978 ,-
February 14,
1.~ Authorized the Chairman
Moore conveying that portion of Mi11s
1978
to sign quit claim deed to Arthur
Road no longer needed for road purposes.
2. Approved request of Public Works for authorization to work with
CSAC seeking modifications in the Federal Aid Highway Act of 1978 that would
return a minimum of 85% of federal aid funds derived in California back to
the state in the field of bridge replacement and urban and rural fundingo
4
3. Adopted Resolution 78-33 supporting the continued study of
feasibility of the Chico Canal by the U.S. Bureau of Reclama.tian and the
Chairman authorized to sign; with a copy of the resolution going to
Congressman Johnson.
78-322 ADOPT RESOLUTION 78-34 SETTING A PUBLIC HEARING DATE FOR DON K. BALDWIN
ABANDONMENT OF AN ALLEY IN THE TOWN OF DAYTON, ADJOINS SOUTHERLY BOUNDARY
OF BLOCK 17 AND LIES BETWEEN WESTERLY TINE OF YOKUM STREET AND EASTERLY
LINE OF GERKE STREET
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, Resolution 78-34 setting a public hearing date
of March 21, 1978 at 9:30 a.m, for consideration of Don K. Baldwin abandon-
meet of an alley in the town of Dayton, adjoins southerly boundary of
Block 17 and lies between westerly line of Xokum Street and easterly line
of Gerke Street was adopted and the Chairman authorized to sign.
78-323 REPORT TO BOARD REGARDING - THE OARS AT LAKE OROVILLE - DENIAL OF
NEGATIVE DECLARATION AND REZONE FROM "C-1" (LIGHT COMMERCIAL) AND "C-2"
(GENERAL COMMERC'?'AL) TO "PA••C" (PLANNED AREA-CLUSTER) TO ALLOW A CONDOMINIUM
MOBILE HOME DEVELOPMENT ON PROPERTY LOCATED ON THE SOUTHWEST CORNER OF
OLIVE HIGHWAY AND WYANDOTTE MINERS RANCH ROAD,, IDENTIFIED AS AP 34-50-24,
25 & 29 CONTAINING 55 ACRES MORE OR LESS OROVILLE
A report was given to the board regarding The Oaks at Lake
Oroville denial of negative declaration and rezone from "C-1" (light commercial)
and "C-2" (general commercial) to "PA-C" (planned area-cluster) to allow
a condominitmm mobile home development on property located on the southwest
corner of Olive Highway and Wyandotte Miners Ranch Road, identified as
AP 34-50-24, 25 & 29, containing 55 acres, more or less, Oroville. Information;
no action taken.
78-324 APPROVE LETTER OF AGREEMENT. AND TRANSFER FROM THE RESERVE - CHICO
MUNICIPAL AIRPORT ENVIRONS STUDY IN WHICH COUNTY PARTICIPATION WAS AUTHORIZED
ON OCTOBER 18, 1977
On motion of Supervisox Richter, seconded by Supervisor Moseley
and unanimously carried, a letter of agreement for the Chico Municipal
Airport environs study in which the county participation was authorized
on October 18, 1977 with total amount~< in the amount of $30,900 with
funding as follows: federal, $27,910; Chico, $1,545; and County, $1,545
was approved and the Chairman authorized to sign subject to review by
Counsel and Auditor and transfer from the reserve in the amount of $1,545
was authorized,
78-325 WAIVE FIRST READING OF ORDINANCE CALLING FOR ELECTION ON WHICH A CHARTER
AMEIQDML'NT TS BEING PROPOSED
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the first reading of the ordinance calling for
an election on which. a Charter amendment is being proposed was waived,
78-326 DIRECT AUDITOR TO PAY BILL DUE PURSUANT TO SECTION 25697 STATE WATER
CODE FOR PURCHASE OF WATER
On motion of Supervisor Madigan, seconded by Supervisor Richter
and unanimously carried, the Auditor was directed to pay the bill due for
purchase of water pursuant to Section 25697 State Water Code by next Tuesday.
Page 251.
February 14, 1978
February 14, 1978
78-327 ADDITIONAL MATTER PRESENTED BY SUPERVISOR MOSELEY
Supervisor Moseley stated that she was still looking for someone
for the Bike Study Committee.
78-328 ACCEPT RESIGNATION OF JOE PERSONS FROM CETAC WITH REGRET AND THANKS
On motion of Supervisor Lemke, seconded by Supervisor Richter
and unanimously carried, the resignation of Jae Persons from CETAC was
accepted with regret and thanks. ~~
ADJOURNMENT
There being nothing further before the boa d at this tim , the
meeting was adjourned at 2x20 p.m, to reconvene an sda Febr ry 21,
i 1978 at 9000 a.m. ~ ~~ ,
ATTEST: CLARK A, NELSON, COUNTY CLERK
By ~~r-'Z~~~-~~c- ~ Chaff an, Bo of upervisors
Page 252'.
February 14, 1978