HomeMy WebLinkAboutM022178February 21, 1978
STATE OF CALIFORNIA
COUNTY OF BUTTE
SS.
The Board of Supervisors met at 9:00 aam. ppursuant to adjournment,
Present: Supervisors Lemke, Madigan, Moseley, Richter and Chairman Winston.
Clif Nickelson, Administrative Officer; Dan Blackstock, County Counsel; and
Gark A. Nelson, County Clerk, by Margie Catt,. assistant Clerk of the Board.
STATEMENT BY CHAIRMAN WINSTON: He stated that he was in favor of the salary increase
for Supervisors and the Administrative Officer was instructed to make these increases a part
of the (978-79 budget, to be discussed during budget sessions.
Pledge of allegiance to the Flag of the United Sues of America.
Invocation by Supervisor Moseley.
jg_ 329 APPROVAL OF MINUTES
On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously
carried, the minutes of February 14,. 1978 were approved as corrected with correction on
Page 243 to have the motion stated as fol.lo'ws: "On motion of Supervisor Lemke, seconded by
Supervi sor 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 in arriving at a decision, the board finds thaht th~project could hwe a
si nifica t effect o the environment, furthermore having found t e a ove, the board moves to.
a~prove a pro~ec~, allthough there may be a significant adverse environmental effect, because
of ov~r~i in~e no acqn d so ial conside ation St}stem nt f ppverridin Co sidetations" is
atinc~ed ereto an~ this re~erence madre a part hereo~ as~olfovrs: restq in t~e minutes.
78W.330~ COMMUNICYATIONS
Paradise Cemetery District. The District writes requesting that Gustave Faure be
reappointed as a. trustee to the District for a new four year term. Term to
expire July, 1982. At request of Supervisor Lemke', appointment put over
one week.
League of Women Voters of Butte Countyo The League' writes concerning the variance grpnted
to Joseph Henegar and requests the Board to reconsider the matter. 'Discussed;
to be discussed more fully at end of this meeting.
. John W. Houghton, Chico.. Mr, Houghton requests reappoinfiment as Director of
Weights and Measures. At the recommendation of Administrative Officer,
this matter was put over at this time.
Upper Ridge Coordinating Council . The Council writes in support of the recommendation
__ in the fire service replort.conceming uniform tax rate. Information.
Sue Thomson, Chico. Ms. Thomson writes concerning the garbage workers striking
', against Dunn's Sanitary Service in Chico. Discussed; County Counsel to review the
ordinance and wiil report back next week on the ~s"a~.fiirc~rR.
Oroville Community Center Committee. The Committee requests consideration of
$I o5 million of revenue sharing funds for a performing arts center in Oroville.
To be reviewed by Revenue Sharing Committee.
78-331 AUDITOR AUTHORIZED TO AMEND WARRANT LIST TO INCLUDE PAYMENT FOR .
CHICO LIBRARY S[TE
On motdon of Supervisor Madigan, seconded by Supervisor Richter and unanimously
carried, the Auditor was authorized to amend the warrant list to include payment of
$261,386 for the Chico Library site purchase, funds to be taken from Revenue Sharing funds,
Page 253.
February 21, 1978
February 21, 1978
78-332.C0-UNTY_TO.SPO.NSOR FORUM IN FALL ON THE PRESERVATION OF
AGRICULTURAL LAND
Supervisor Richter reported that he had attended a meeting yesterday at
which a speaker, Dra Bill Wood, set out his view points conceming the preservation
of agricultural kind, It was suggested that a forum be held in parts of the County
and that all interested parties be invited to attend and give their view points in the
matter, It was felt the County should sponsor the forum to discuss this subject.
It was moved by Supervisor Rdehter, secsswnded by Supervisor Moseley and
unanimously carried that a forum be held this fall, the County being the sponsor in
a neutral position, to request people to take part in said discussion, with Mr, Alva
Mitchell being requestedto coordinate this forum concerning .the preservation of
agricultural land.
78-333 MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Lem a reported t at a as received a response from Lassen
County stating they would serve on.the General Plan Revision Committee.
Supervisor Madigan reported on a flood control meeting he attended
conceming Sacramento River Bank Protection Project. The California Central Vnl leys
Flood Control Association endorses and joins with Butte County in req nesting assistance
in obtaining legislation which would provide urgently needed bank protection works along
the Sacramento River. Letters will be sent to Congressman Harold T, (Bizz) Johnson and
to the Hon, John E, Moss and Hon. Robert L. Leggett. A copy of said letter filed with
the .Clerk.
78-334 ACCEPT ANNUAL SAFETY REPORT & ACCIDENT PREVENTION PROGRAM
', The County Safety Committee submits the Annual Report on county employee
safety activities and recommends the Accident Prevention Program for this calendar. year..
Jirn Rackerby reported on this matter.
On motion of Supervisor Richter, seconded 6y Supervisor Madigan and
unanimously carried, the Anneal Safety Report and the Accident Prevention Program ..
was accepted.
78-335 REPORTON UNEMPLOYMENT INSURANCE
Jim Rackerby, Personnel Director, reported on the status of the
Unemployment Insurance Program, He and his staff have been attending meetings: on this
matter to obtain information so the County could make their decision. The County
employees became covered under unemployment insurance benefits this year. The County
must make a determination how to fund this matter. He will report back next week as to
the best method to fund this situation.
78-335 PUBLIC HEARING: EXTENSION OF INTERIM A-160 (AGRICULTURAL, 160 acre
parcels) AND INTERIM A-5 (AGRICULTURAL, FIVE ACRE PARCELS) PROPERTY
SURROUNDING & INC~iLJD1NG MERIDIAN-MUNJARAREA
T e pu is caring on t e extensic+dn'3• of Interim A- b (agricultural, Ib0 acre
parcels) and Interim A-5 (agricultural, five acre, parcels) property surrounding and.
including Meridian-Munjar area held as advertised. Earl Nelson gave a status report
on the permanent zoning for the area; the E,I,R, has been prepared, Hearings will be
held soon on the permanent zoning for the area, Jim Lawson, Planning Director,
'explained the background of the interim zoning.
Page 354.
February 21, 1978
February 21, 1978
Hearing opened to the public at this time.. Appearing:
I. Mr. Fred Monez, Munjar Read, Chico. Explained his purchase of
the property and the problems involved. He has been requested to put in a road
up to County standards. Appeared in favor of the zoning,
2. Alvin Roney, Chico. His property adjoins the property in question.
This is all range land. His land is in fhe proposed A-40 area. He appeared in favor
of the extension of the interim zoning.
3. Mr. David Dewey, Keefer Read, Chico. Appeared in favor of interim
zoning extension.
zoning.
4. L. Elkins, E. Lassen Avenue, Chico; he appeared in favor of the interim
5. Mr, Verlon Johnson, Chico, appearing in favor of the extension of
the interim zoning,
Hearing closed to the public and confined to the• Board.
', On motion of Supervisor Richter, seconded by Supervisor Moseley and
unanimously carried, the Board approved the extension of Interim A-160 (agricultural,.
160 acre parcels) pnd Interim A-5 (agricultural, five acre parcels) property surrounding
and including Meridian-Munjar area, for a period of one year, adopted Ordinance
', 1901 extending the Interim A-160 pnd Ordinance 1902 extending the Interim A-5 and
the Chairman was authorized to sign.
78-337 PUBLIC HEARING: LINDEN MAYER, ABANDONMENT OF A PUBLIC UTILITY
EASEMENT OVER THE NORTH SIX FEET AND EAST TWELVE FEET OF LOT 8 OF
SCOTTWOOD PARK SUBDIVISION UNIT I, PARADISE: ADOPT RESOLUTION 78-35
', The pu is hearing on the Linden Mayer a andonment of a pu is
utility easement over the north six feet and the east twelve feet of Lot 8 of Scottwood
Park Subdivision Unit I, Paradise was held as advertised. Jim Lawson,- Planning
Director, reported that the petition was in order and recommended approval of the
abandonmento -
Hmring opened to the public. Appearing: no one. Hearing closed to the
public and confined to the Board for action.
On motion of Supervisor Lemke, seconded by Supervisor Richter and
unanimously carried, Resolution 78-35 of abandonment of Public Utility Easement
was adopted and the Chairman authorized to sign.
78-338 PUBLIC HEARING: BILL SHARP, ABANDONMENT OF PORTION OF FORD DRIVE
IN FORD GLEN TRACT UNIT I, BORDERED BY AP 34-05-7 ON EAST SIDE AND
AP 34-05-36 an WEST SIDE: ADOPT RESOLUTION 78-36
The public hearing on the Bill Sharp abandonment of a portion of Ford Drive in
Ford Glen Tract Unit I, bordered by AP 34-05-7 on the east side and AP 34-05-36 on the
west side was held as advertised.. Jim Lawson, Planning Director, stated the petition
was in order and recommended approval.
13'earin~cclosed to the public and confined to the Board for action. -
Page 255,
February 21, 1978
--------------- February 2~ f978___-____--
On motion of Superu sor Madigan, seconded by Supervisor Lemke
and unanimously carried, Resolution 78-36 of abandonment of a portion of Ford Drive
in Ford Glen Tract Unit I was adopted and the Chairman autho~'szed fio sign.
78-339 WAIVE SECOND READING.OF ORDINANCE: ADOPT ORDINANCE 1903,
AME NDI NG SALARY ORDI NANCE
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
unanimously carried, the second reading of the salary ordinance amendment was
waived; Ordinance 1904 amending the salary ordinance was adopted, to become.
effective on April I, 1978 and the Chairmar was authorized to sign,
78-340 ADMINISTRATION BUILDING CHANGE- ORDER NO. 2 & 5 APPROVED
', A change order has been prepared to extend the contract time two
calendar days for the grading and compacting of the parking area south of Superior
.Court.
Another change order has been prepared to .extend the contract time 17 calendar
days due to rain and poor site conditions.
On motion of Supervisor Richter, seconded by Supervisor.. Moseley and
unanimously carried,- the following action was approved:
1, Approved change order No.,2 to extend the contracttime two calendar
days for the grading and compacting of the parking area south of Superior Court,
new Administration Building, and the Chairman was authorized to sign.
2. Approved Administration Building change order No. 5, to extend
the contract time 17 calendar days due to rain and poor site conditions.
78-341 ADOPT RESOLUTION 78-37, DECLARING INTENTfON TO SELL PROPERTY
AT EAST & .MARIPOSA AVENUE, CHICO .
A proposal has been received for the purchase of surplus real property (Ap
48-22-42).
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, Resolution 78-37 declaring intention to sell .property at a
minimum price and set bid opening date for March 21, 1978 at 10:45 a.rn, was
adopted and-the Chairman authorized to sign.
78-342 ADOPT RESOLUTfONS 78-38, 78-39, 78-40 & 78-41 RE ELECTIONS FOR STREET
LIGHTING DISTRICTS.
Resolutions have been prepared which would authorize a mailed ballot
election to set tax rates for the County`s four existing street lighting maintenance
districts o
. On motion of Supervisor Richter, seconded by Supervisor Richter and
unanimously carried, the following resolutions were adopted setting elections
for street lighting districts and the Chairman was authorized fio sign:
Resolution 78-38 -Special election in Joshua Treet #I district
Resolution 78-39 -Special election in Lindo Gardens #3 maintence
Resolution 78-40- Spe paltelection in Vista Del Cerro maintenance district
Resolution 78-41'czjeSp~asaJ election in Crestwood maintenance district
February 21, 1978
Page 2560
February 21, 1978
', 78-343 WAIVE SECOND READING OF ORDINANCE INCREASING TRANSIENT OCCUPANCY
TAX FROM 5°lo to 6%; ADOPT ORDINANCE 1904
On motion of Supervisor Richter, seconded by Supervisor Moseley and
unanimously carried, the second reading of ordinance increasing transient occupancy
tax from 5% to 6% was waived.
On motion. of Supervisor Richter, seconded by Supervisor Madigan and
carried, Ordinance 1904 increasing transient occupany tax from 5°!o to 6°lo was adopted
and the Choirman authorized to sign.
AYES: Supervisors Madigan, Moseley, Richter and Chairman Winston
NOES: -Supervisor Lemke
78-344 APPROVE BUDGET TRANSFERS
On motion of Supervisor digan, seconded by Supervisor Richter and
unanimously carried, the following budget transfers were approved:
B-105 Purchasing. Transfers $248,26 from the reserve to publications in order
to cover the deficit caused by an unanticipated increase in the cost of advertising for the
Mental Health facility. Revenues from the bidders unclaimed deposits sufficient to cover
this transfer have been deposited into the general fund..
B-106 Civil Disaster. Transfers $926.75 from salaries-and wages to extra
help in order to cover the expenditure caused by utilizing extra help during regular
help absence.
B-107 Personnelo Transfers $400 from publications to maintenance of equipment
in order to cover expenditures caused.by the unanticipated cost of vehicle "repairs.
B-108 Community Action Program -Rural Home Repair Program, Establishes an
appropriation for the program of $600 for consumable supplies and $15,400 in other
', costsa This is a contract "with Fresno County EOC which was approved by the Board on
February 7, 1978..
', B-109 Community Action Program -Senior Citizens Recreation. Establishes
a $6,500 budget appropriation-for fihe 1978 Senior Citizens Recreation Program with the
City of Gridley that was approved by the Board on February 7, 197$0 Anticipated
revenue of $6,500 from the City of Gridley wil! fund this programo
', B-110 District Attom~y -Consumer Protection Unit. Transfers $500 from
professions! and specialized services to publication and legal, notices in order to rover
anticipated expenditures. Transfers within the guidelines of the Office of Criminal
Jusitce Planning,
B-III Agriculture. Transfers $100 from professional and speciglized services .to
publications and legal notices in order to provide an appropriation for publication of
notices of the Agricultural Advisory Committee meetings.
B-112 Public Guardian. Transfers $670 from the reserve to extra help in order
to continue an extra help employee during the absence of regular staff because of illness.
8-113 Sheriff- Enforcement. Transfers $1,000 from regular salaries and wages
to small tools and instruments and transfers $50 from rents and leases of equipment to -
publicatiass and legal notices in orderao„all:o~nr~for the purchase of battery charging equipment
and to increase the publications appropriation due to unanticipated costs. February 21, 1978
Page 25R .
78-345 ADOPT RESOLUTION 78-42 SALE OF COUNTY HOUSE AT 2435 D STREET
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously. carried, Resolution 78-42 finalizing 'the sale of the County house at 2435 D Street
for the sum of $27,000 was adopted and the Chairman authorized to sign,
__ _ --_ ..
78-346 APPROVE REHABILITATION ASSISTANCE/LOAN ASSUMPTION
A sales agreement has been prepared between the purchasers and the present owners c
of 3337 Columbia, Oroville. Matter discussed. '
On motion of Supervisor Moseley, seconded by Supervisor Richter and
unanimously carried, loan assumption was authorized and community development block
grant rehabilitation assistance in the amount of $3,000 at 3% at 30 years approved,
78-347 BOARD OF ZONING ADJUSTMENT REQUESTED TO RECONSIDER THE REQUIREMENT
FORAN EIR FOR DUPLEX ON D STREET
Report on Board of Zoning Adjustment requirement for an EIR on Southside
use permit for duplexes discussedo Clif Mickelson, Administrative Officer, stated
that on this item, the County is the applicant, There are no appealr~~§rrocedures set upa
Earl Nelson recommended a negative declaration, This recommendation was based on the
small size of the project, The Board of Zoning Adjustment felt the County was exceeding
the density standards for this area, Matter discussed.
', On motion of Supervisor~,chter, seconded by Supervisor Moseley and
unanimously carried, the Board of Zoning Adjustment was requested to reconsider
their requirement for an EIR for duplexes on D Street in the Southside of Oroville.
78-348 PUBLIC HEARING: ABATEMENTOF SUBSTANDARD HOUSING-SOUTH OROVILLE
The public hearing on the abatement of substandard housing in South Oroville
held at this time. Abatement of proceedings have, been initiated against a substandard
dwelling located at 2910 Ft. Wayne Street in Oroville. The hearing is to determine
whether building should be declared a nuisance and. abated.
Lynn VanNart set out the building in question; there is danger.: of collapse
of the building. -The owners have been sent registered letters but the County has not
received a response from them. The house has been .vacant for a number of years.
Hearing opened to the public. Appearing:
I, Mr. Walter Higgins, 2604 B Street. He stated this house belongs to his
people. He said he would tear the house down,
Procedure to be followed set out and discussed..
Hearing closed to the public and. confined to the Board.
ft was moved by Supervisor Richter, seconded by Supervisor Madigan and
unanimously mrried, that the building be declared a public nuisance ,Resolution 78-43
was adopted, ;;the owner was directed to abate the same within 30 days after the date of
posting on said premises a notice of the passage of said resolution.by having said building
properly reconstructed or repaired, or by having the same razed or removed and notifying
said owner that if said nuisance is not abated said building will be razed or removed by the
enforcement agency and the expense,ct~~~reof~made a lien on the lot or parcel of land upon
which said building is located, arid~t`he CI?~artnan authorized to sign. February 2!, 1978
Page 2:~$ r
__--___=---=Febr~xp~r2~ 1978_..._________________
78-349 PUBLIC HEARING: SOUTHERN CALIFORNIA FINANCIAL CORPORATION -APPEAL
OF GRANTED NEGATIVE DECLARATION & USE PERMIT TO ALLOW A SALES TRACT
OFFICE ON.PROPERTY ZONED "RT-!"{SINGLE FAMILY RESIDENTIAL, MOBILE HOMES)
LOCATED IN OROVILLE
T e pub is Baring on the Southern California Financial Corporation
appeal of granted negative declaration and use permit to allow a sales tract office on
property zoned "RT-1 " (single family residential, mobile homes) located on the
northeast comer of Lodgeview Drive and Silverleaf Drive, identified as AP 34-62-29,
Oroville was held as advertisedo Chairman Winston stated he had been contacted by
an official of the Company and they wilt agree to move up the moving of the stivcture
to one year, or by the end of 1978.
Hearing on the negative declaration held at this time. Earl Nelson presented
the Board with a check list for the property involved. The request is for a use permit to
allow an existing wilding for an office. The main concern that wns noted, was the traffic.
Background set out by Mr. Nelson. The negative declaration was based on the use.
Hearing opened to the public. Appearing:
1o Mr. Lynn Whitton, 504 Silverleaf Drive. His property is next door to
the property upon which the building rests. The employees are coming and going constantly.
He stated that the company has stated for the past four years that they were going to
move the office. Objections to the use and the negative declaration set outo
2. Mr. Del Childers, 503 Silverleaf Drive. Spoke in opposition to the
negative declaration.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Richter, seconded by Supervisor Moseley and
unanimously carried, the negative declaration was aplr oved, with the finding that
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:
l,Off-street parking shall be provided for the sales tract officeo The
diagonal lot is the nearest open land available for that purpose.
2. Parking shall be limited to a maximum of four cars on the section
of Lodgeview Drive between Silver Leaf Drive and Kelly Ridge Road.
3. The need for a stop sign on Silver Leaf Drive where it intersects with
Lodgeview Drive shall be studied by the Dept, of Public Works.
approval,
4. The sales tract office shall be relocated within one year of use permit
5. All signs shall be removed from this site at such time as the office
is relocated.
Hearing on the use permit held at this time. lnput from the staaff set out,
Page 2,~9
February 21, 197$
-----Februa~%21,_I978_-_____
Bettye Blair, Planning .Department, presented copses of the .minutes and staff
frndings in the matter,
Hearing opened to the public. Appearing:
I. Mr. Lynn Whitton. He spoke in opposition to the approval of the
use permit. He stated that there is more than the safes offs~;ce working out of this
building. Various other activities set out by Mr. Whitton. He requested that the
Board not allow this injustice to occur,
The Board was told that this is a conventioaial type home; it is not a
mobile home. Density of the area set out.
Mr. Whitton filed a petition signed by property owners opposing the
granting of the use permit to continue the use of the building as a safes office.
2. Mr. Bill Gibler, Greenbrier Drive. They all oppose this use permit.
He represented the Golden State Mobile Home League, Orovi lle Chapter. He
stated it would be satisfactory if a time limit was placed on the use permit.
3. Ms, Lois Lacerte, Roya! Oaks Drive, Orovilie. She opposes the
granting of the use permit,
Mr, Childers left pictures wifh the Board members of the area.
4. Mr. Jerome Farley, Vice-President of Southern California Financial
Corporation, was present with Gordon Riggs, Project manager. He explained why
the signs were not removed. Utilities have not been put on-the property designated
for the shopping center. The Commercial site has not been developed because until
recently there were not enough people in the area. This is a four-acre site.
Architects have been retained to work up plans for the area, There are sewer lines
to the edge of the property, also water. The company is prepared now to develop
the area and the sales office should be moved sometime. in the fall, probably by
October. Use permit requirements discussed.' Mro Riggs stated that at the time
they placed the sales office at this location, they were told that a use permit was
not necessary. Use of the sales office explained.
Mro Whitton spoke in rebuttal to the statements made by Ahr. Riggs and
Mr, Farley.
Hearing closed to the public and confined to the Board.
Supervisor Richter stated he has listened to the evidence and he
requested that this hearing 6e continued for one week so he could go out and look
at the area. Supervisor Madigan said he felt that if they are going to move the
office at the end of the year, the Board should go along with the action at this time.
It was moved by Supervisor Madigan, seconded ~ by Supervisor Moseley
and carried, the use permit for the Southern California Financial Corporation sales
tract office was approved for a period of no longer than one year,,or to expire on
the Ist day of January 1979, at its present location with the finding that the
proposed uses of the property will not impair the integrity and character of the zone
Page 260.
February 21, 1978
________===-`February! 211978___________________
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 and general welfare
of the persons residing or working in the neighborhood or to Itbe general health,
welfare and safety- of the County, and the use permit to be subject to the mitigation
measures as follows:
1. Off-street parking shall be provided for the. sales tract office. The
diagonal lot is the. nearest open land avail4ble for that purpose.
2. Parkirig shaft be limited to a maximum of four cars on the section
of Lodgeview Drive between Silver Leaf Drive and Kelly Ridge Road.
3. The need for a stop sign on Silver' Leaf Drive where it intersects with
Lodgeview Drive shall be studied by the Dept, of Public Works.
4, The safes tract office shalt be relocated within one year of use
permit approval, to January f, 1979,,
5o Af E signs shall be removed from this site at such time as the office
is relocated.
AYES: Supervisors Lemke, Madigan, Moseley and Chairman Winston
NOES: Supervisor Richter.
RECESS: 11:00
RECONVENED: II:10
78-350 PUBLIC HEARING: EUGENE E. JONES-PETITION FOR VARIANCE TO PROVISION.`
OF SECTIONS 19-10 and/or 19w12 OF THE BUTTE COUNTY COfaI:.FOR PLACEMENT
OF A MOBILE HOME, .PARADISE
The public hearing on the Eugene E. Jones petition for variance to
provisions of Sections i9-IO and/or 19-12 of the $utte County Cgde for placement
of a mobile home on AP 54-20-Ol-OAF, Suffolk Lane, Paradise, was held as
advertised. Howard Toussaint set out the background.. This is a new application
and the property is in a A-2 Ltd. zoned area.
Hearing opened to the. public. Appearing: no one. Hearing closed
to the public and confined to the Board o
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
unanimously carried, the petition of Eugene E. Jones for variance to provisions
of Sections 19-10 and/or 19-f2 of the Butte County Code for placement of a mobile
home on ~AP 54-20-01-04, Suffolk Lane, Paradise, was approved for a period of
oneyear.
78-351 PUBLIC HEARING: CON5IDERATION OF NEGATIVE DECLARATION ~%
FOR A BIKE PATH ON LINDO CHANNEL AT HIGHWAY 99, CHICO
The public hearing for consideration of negative declaration fora i e
path on Linda Channel at Highway 99, Chico, was held as advertised. Earl
Nelson set out the background, showing a map that set out the path. It is an
area that is being traversed by bike traffic.. The path would only be traversable
Page 261.'..
February 21, .1978
when the channel is dry.
Hearing opened to the public. Appearing: no orie, Hearing
closed to the public and confined to the Board.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the negative declaration was adopted, with the finding
that the project could not have a significant effect on the environment and that,
it is consistent with the General plnn,
78w352 APPEARANCE: DAN HUTFLESS,,ORD FERRY ROAD, CHICO
Mr. Dan Hutfless, Ord Ferry Road, Chico, spoke concerning the
contamination' of almond -trees and crops in the Chico area. He feels that the
contamination might harm the trees.
Chairman Winston stated that Mr. Fortier has suggested that a group
get together and sit down with the Farm Advisor, Supervisor Lemke, Chairman
Wrnston, a disinterested party and Mr. Fortier to try and get the differences
down in some fashion. Chairman Winston suggested that Mr. Hutfless meet with
this group. The problem is of a mutual concern to all parties. The Board is
interested in solving the problem. The degrees of -the problem should be set out
and discussed.
Following a discussion of such a forum meeting, it was decided that
Chairman Winston, Supervisor Lemke, Mr. Bandy, Ivlro Hutfless, Mr. Fortier and
Sheriff Gillick, as the disinterested party, sit down following this Board meeting
to further discuss the problem and attempt to reach an understanding,
78-353 APPEA_RANCI=: BOB JONES, OROVILLE
- - -
Bob Jones, Orovi I le, requested that the Board reconsider thei r
actiori last week regarding the Recorder's position. He could not see why the
Clerk would accept the position of Recorder without some compensation for the
job, The Board should not take away from the taxpayers their right#o elect
someone to this office.
78-354 AUTHORIZE DEVELOPMENT OF CONTRACT FOR AUTOMATED
NFO RMATIO N SYSTE M
A proposa as een prepared for the development and implementation
of a countywide, multi department, automated information system for law
enforcement agencies and Probation at a cost not to exceed $9,000. The Sheriff
requests authorization to enter into a contract with Mr. Jim Reams to design and
implement the system.
Clif Mickelson, Administrative Officer, reported that there have
been meetings with the Sheriff and all interested parties and he recommended
that the Board authorize the development of the contract.
Request discussed, Discussed the need to have someone work with Data
Processing to assist them in the programming. Forrest Hunter, Data Processing
Department, stated they needed someone to come in and lay out the systemo The
Department does not know the Sheriff's needs, All reports would have to be put
together; this man would come in and give them the system and then the department
would put it together, A warrant system would be set up. They have visited
Page 2620
February 21, 1978
~F~~rtiay~l 19Z$
other places and have found that they systems are too expensive for this County.
They have not been able to come up with a warrantsysfem from the other counties.
Howard Casagrande, CCCJ, stated he had nothing further to add to
the statements that have already been made. Supervisor Madigan questioned them
about the DPA department in Sacramento, Mr. Casagrande stated that these systems
are too expensive and would not fit in-with the local system needed. The concern
of Supervisors Lemke and Madigan set out. Mr. Casagrande said what they were
requesting was to bring' in a man that has the knowledge of law enforcement and their
needs and he can bring in a system that he has set up,in other communities. Function
of the Inter-Departmental Board in Sacramento discussed.. Supervisor Madigan felt
they should be questioned about this type system.
Chief Wes Barrett, Oroville, stated that thec:consultant should came in pad
visit all agencies, determine the common. denominator needed by all departments and
set up the automated system. There is no system available that would fit this County
or any other County in this State. Chief Barret set out the. justification for this
request. This consultant could do this survey in 30,r1ays and he is-not going
to be available much longer. ,The deparlE<s~ents-are using the Data Processing Department
to some extent and they-now need to know where they are going and how they are
going to get there. Chief Barrett explained how the system would work. Supervisor
Richter felt this system would save the Cavnty thousands of dollars. Chief Barrett
stated he was serving on a National Board on Systems. and there. is no system that will
exactly fit Butte County's needs. The Idaha system most closely fits this county's
needs.
The Chief of Police from Biggs and Gridley concurred with the
recommendations of Chief Barrett.
it was moved by Supervisor Richter, seconded by Supervisor Winston and
carried, that the development of a contract for the automated information system. be
authorized,. wiah funding to come from within the. Sheriff's existing budget, not to
exceed $9,.000,
AYES: Supervisors` Lemke, Richter and Chairman, Winston
NOES: Supervisors, Madigan and Moseley.
78-355~,4RRR4VED & DENIED LAND CONSERVATION ACT AGREEMENTS FOR f'9?8
Land Conservation Act applications have been reviewed and it is recommended
that 54 applications representing 28,879 acres be approved; fhree agreements, totaling
2,249 acres be approved with stipulations and that four applications be denied. It is
necessary that the agreements to be approved be passed, signed by the Chairman and
properly recorded prior to March I, 1978.
On motion of Supervisor Richter, seconded by Supervisor Moseley and
unanimously carried, 54 applications representing 28,879 acres were approved, fhree
agreements totaling 2,249 acres were approved with stipulations and four applications
were denied, and the Chairman was authorized to sign agreements that were approved.
A list of said agreements is mttached as "Exhibit A"to these minutes.
78-356 RENEWAL OF VARIANCE FOR LORRAINE MILLER: TO BE PLACED ON
ALv€~DA FOR FEBRUARY 28
On motion of Supervisor Richter, seconded by Supervisor Moseley and
Page 263..
February 21, 1978
_____Febr_ua_ry__21~1978.____________
unanimously-carried, the Lorraine Miller renewal of variance to Section 19-10 and/or
E9-12 of the Butte County Code for placement of a mobile home on AP 66-36-26,
Nimshew Read, Magalia was approved,.
Mrs. Butler, Nimshew Ridge, Magalia, spoke in opposition to this
renewal. She asked what procedure the County goes through to determine if the
needs is still there. Mr. Mickelson explained the procedure that was followed,
Mrs. Butler stated that the original variance was granted to Mrs. Mi ffer to take
care of her mother, her mother is now in a rest home. Mra Mickelson was requested
to investigate this matter and discus; it with Howard: Toussaint,
. On motion of Supervisor Richter, seconded by Supervisor Nbseley
', and unanimously carried, the above action was rescinded and action was continued
to Tuesday, February 28, 1978.
78-357 APPROVE PUBLIC WORKS ITEMS: ADOPT RESOLUT_ION.78-44
On motion of Supervisor Madigan, seconded by Supervisor Lemke and
unanimously carried, the following action was taken:
I. Approved the following right of way acquisition agreements for sale,
authorized the chairman to sign and authorized Auditor to issue warrant upon demand
of County escrow agent:
a. Foothill Blvd,, 21554-77-I, Feather Highlands Development Coo
easement $25,00
b, Skyway 51261-77-I J. H, Harvey et ux 0-132 acres $2,0[2,00
2. Adopted Resolution 78-44 of abandonment of Old Baggett-Marysvi Ile
Rnad (portion) and the Chairman was authorized`to sign.
3. Authorized Chairman to sign quit claim deed conveying to D, M, Miller
et al that portion of Old Baggett-Marysville Road no longer needed for road purposes as
a condition of an agreement for sale between D, M, Miller et al and County of Buttes
4. Approved Greenview Gardens condominium final map (four lots,
Greenview Circle N/Estates Drive) and accepted public utility easements,
5. Approved the Lindo Gardens Unit #3 final subdivision map (32 lots,
Lassen & Norseman), accepted public v±ility easements and authorized Chairman to
sign subdivision agreement.
6. Approved Munjar A Gres final subdivision map (seven lots norfh side
', of Munjar Road east of Reese Lane, Chico) and authorized Chairman to sign
subdivision agreement,
7, Approved plans and specifications for LaPorte Road-Project
No, 03532-76-I, authorized Chairman and Director of Public Works to sign plans,
adopted wage scale, and set bid opening at lI:00 a.m. Public Works Office,
March Ib, 1978.
8, Approved plans and specifications-for Nelson Avenue-Project
No, 29363-77-I ,authorized Chairman and Di rector of I~'ubl i c Works to sign plans,
Page 26~:
February 21, 1978
February 21, 1978
adopted wage scale, set bid opening at II:00 a,m. in Public Works Office,
March 16,. 1978, and approved budget transfer to be transferred from the Fifth
Street and Yolo Avenue drainage problem project to this project.
78-358 APPROVE CONSULTANT AGREEMENT: TABLE MOUNTAIN BLVD. BRIDGE
Consu tant agreement wit Engineering Computer Corpo of Sacramento
for design of Table Mountain Blvd, bridge replacement across Feather River has
been reviewed by Counsel and Auditor. and is ready for approval. Partial funding
for engineering services included in current budget. Clay Castleberry, Director
of Public Works, suggested that the County allow the bridge to be designed. This
', is a Federal Bridge replacement money project. It cannot be spent to build a
', bridge on Lincoln Street.
', On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, consultant agreement for Table Mountain Blvd. bridge with
Engineering Computer Corpo of Sacramento was approved, Chairman authorized
to sign and Auditor authorized to prepare budget transfer from road reserve for
', additional funds needed, agreement to be in the amount of $74,000.
78-359 INFORMATION ITEM: SOUTHEAST OROVILLE & PALERMO DRAINAGE STUDIES
~' C ay Castle rry, Director of Pu is Wor s, reported t at drainage
studies are needed in southeast Oroville and Palermo areas. He proposes to bring
to the Board a storm drain master plan in the near future. No action needed at
this time.
RECESS: 12:05
RECONVENED: 12:50
RECESSED: The Board recessed at 12:50 to go into an executive session to
discuss possible litigation and a personnel matter,
RECONVENED: T~e Board reconvened at 1:45 p m. following an exe~utive session,
ounty Counsel t}ogroceed wit q,c#ion ag~ipst Stan e~ Fortier to
recover va ue o c unt~~yyrowne p~c up an its conten s.
78-360 AUTHORIZE SUBMISSION OF CALTRANS REVISED PROJECT LIST
Pu is Wor s suggests t at a revised ist of projects and construction
years be submitted fo CALTRANS and to the Butte County Association of
Governments as planning program for state highway planning projects for
Butte County.
On motion of Supervisor Lemke, seconded by Supervisor Richter and
unanimously carried, submission of revised CALTRANS 1977 planning program
project list was-authorized.
78-361 PUBLIC WORKS: INFORMATION AND-DISCUSSION ITEMS
a. Report on Lone Tree Road petition, This will be consider at
budget time.
b. County Service Area 24 (Sycamore, Mud Creek and Lindo Channel
Drainage) maintenance and fund problem, Information only; Mro Castleberry will
return at a later date with a request for maintenance funds.
Page 2d5.
February 21, 1978
_______________ =~.~bxus~g~.~2~.19J~~_____--____-____
78-362 AUTHORIZE ADDENDUM: NEAL ROAD LANDFILL BID
Clay Castleberry, Director of Public Works,.#elt that an addendum should
be added to the Neal Read, landfill bid. Should request .the bidders to consider new
methods of covering.- Procedure explained and discussed. He said the County will
continue to work with contractor to keep the costs ps reasonable as possible. If authorized,
he will send out the addendum stating fhaf Public Works will continue to help as much as
possible. -
",' On motion of Supervisor Lemke,. seconded: by Supervisor Madigan and
unanimously carried, Public Works Director was authorized to send out the addendum to
the Neal Raad landfill. bid, stating County will continue to work with the State to
endeavor to modify present land, fill requiremeMts.
78-363 PUBLIC WORKS AUTHORIZED TO .GO TO.B1D F-ORCUR.BS, GUTTERS, ETC, AT
COUNTY PROPERTY ON ELI.IOTT ROAD, PARADISE
Clay Castleberry, Director of Pu lic Works, stated #hot curbs, gutters and
sidewalks are required along the County property on. Elliott Read, Paradise. He requested
authorization to go to bid for the work' of putting in the curbs, gutters and sidewalks.
On motion of Supervisor Lemke, seconded by. Supervisor Moseley and
unanimously carried, Public Works was authorized to go to bid for the curbs, gutters
and sidewalks and drainage pt the County property on Elliot# Rngd, Paradise,
I78-364 FURTHER DISCUSSION: CALTRANS 1977 PLANNING PROGRAM
Supervisor Madigan stated that the County has been cheated of about
three million dollars of funds under CALTRANS planning program, He suggested
', that maybe the County should sve to obtain these funds. Mr. Castleberry stated
he had written to CALTRANS concerning these funds . Senator Johnson received a
letter this week setting out the projects which indicated that there was a need., Projects
set out. Chairman Winston is against a law suit. The County will continue to
work through the Legislators in this matter,
'78-365 COUNTY COUNSEL'TO PREPARE ORDINANCE RE: PROCEDURES ON
ABATEMENT OF PUBLIC NUISANCES
', Dan B ac stoc ,County Counsel, gave a background statement concerning
procedures on abatement of public nuisances. Things that could be designated as n
nuisance explained. Previously, the Board had decided not #o be involved in these
matters. He stated he-could prepare an ordinance which would allow specific nuisances
to be abated if reported to the County. A public hearing would be held, then the
County could go out and rectify the matter and charge. the cost against the property owner.
Violation of zoning ordinances discussed. Holcomb problem set out and
discussed .
On motion. of Supervisor Richter, seconded bySupervisor Lemke and
unanimously carried, County Counsel was requested to prepare an ordinance setting
out procedures on abatement of public nuisances upon private-land,
78-366 JOSEPH HENEGAR MAP TO GO BACK TO SUBDIVISION REVIEW COMMITTEE
Letter from League of Women Voters of Butte Covnty concerning?-.the
variance granted to Joseph Henegar discussed. Chairman Winston stated he had
researched the matter of parcel maps. Mr. Henegar had been willing to change his
Page 26~.
February 21, 1978
_______- -====fe.~~ar~2~~1~78__________________
map to two parcels off one acre each. A driveway would be~put in to the back lot.
Chairman .Winston felt that from a practical standpoint,-easements do not reduce the ,
parcel size. Design standards do not mention anything about parcel sizes. He felt
that the imposition of the easement did not reduce the one-acre lot. size. Size of lot
discussed. In the Hobart subdivision, the land does run to the center of the road.
Supervisor Richter stated he does not wanf to deny this man anything, but
he is saying though that this procedure is not the proper way to go. He should go to a
zone change. Under the zone change, he could get three lots out of the property in
question.
Chairman Winston said this is not a matter that just involved Joseph Henegar.
He explained his thinking in the matter. Dan Blackstock, County Counsel, stated
', they have written the various departments a.decision where there are two acres. Division
of Henegar property discussed. Mr. Blackstock staffed that the way to handle these
requests in the future is not through a variance but through an exception to the zoning.
The Advisory Agency has granted exceptions to lot size in the past. Mr. Blackstock
', suggested that the Henegar map go through the normal procedures through the
Subdivision Committee.
Henegar map to go through the Subdivision Review Committee for further
consideration:
', 78-367 DISCUSSION: ORDINANCE CALLING FOR ELECTION'~TO ALLOW FOR
APPOINTMENT OF RECORDER
Ordinance ca ing for election to allow for the appointment of Recorder, and
if Clerk desires to accept the appointment, appointing Clerk as Recorder with
', effective date of noon, I/2/79 discussed. Supervisor Richter said he has had some
discussion with people in the community. The people want this office eliminated.
They do not feel the office would be eliminated as the proposed ordinance was read
last week. .The measure on the ballot should eliminate the office of Recorder and
put it within the Clerk's Office. Ordinance to be so worded and returned later in
the meeting.
78-36$ APPOINTMENT TO CITIZENS ADVISORY TASK FORCE FO R.BUTTE..COUNTY
GENERAL PLAN"HOUSING ELEMENT UPDATE: PUT OVERONE WEEK
Appointment to Citizens Advisory Task Force for the-Butte County General
Plan Housing Element Update discussed. Supervisor Richter would like to know if his
appointee has been attending the meetings. He will replace him if he is not attending
the meetings. Supervisor Lemke said he had no one, at this time to appoint. ~:
Administrative Officer will bring back a fist of the appointees to this committee,
78-3b9 APPOINTMENTS TO REVENUE SHARING COMMITTEE APPROVED
On motion of Supervisor Ric ter, seconded y Supervisor Lem a and
unanimously carried; Dennis Durkin, Sacramento Avenue, Chico, was appointed a
member of the Revenue Sharing- Committee.
On motion of Supervisor Lemke, seconded by Supervisor Richter and
unanimously carried, Wayne Angel, Lancaster Drive, Paradise; was appointed a member
of the Revenue Sharing Committee.
Supervisors Madigan and`Moseley stated they would have their
appointments ready by next week.
Page 26;7,
February 21, 1978
- - _ ~,;.
78-370 APPOINTMENTS TO NEW COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
', On motion of Supervisor Richter, seconded by Supervisor Moseley and
unanimously carried,-the following were appointed to the new Community Development
', Advisory Committee:
Mary Waters
Louis Forbes
Edith Stump
78-371 .APPROVE WAIVING OF FEES: REQUEST OF .SIERRA DEL ORO HOMEOWNERS
ASSOCIATION, ENVIRONMENTAL ASSESSMENT FEE
Request of Sierra Del Oro Homeowners Association to waive environmental
assessment fee discussed. Earl Nelson explained the matter of the waiving of the
fees. This association collected information for an impact report; they have assisted
the County with-work that the County would have to do. He felt the waiver of the
fee would be justified. .Time spent discussing what would be a recognized group,
The Board felt they would have to make the decision each time• a request for waiver
of fees is received.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, the request of Sierra Del Oro Homeowners Association to
waive environmental assessment fee was approved.
78-372 DISCUSSION OF TEHAMA COUNTY LETTER TO THE PUBLIC UTLLITIES
COMMISSION CONCERNING REDUCTION IN THE COST OF ELECTRIC POWER
Discussion of Tehama County letter to t e Pu is Uti ities Commission
concerning reduction in the cost of electric power held at this time.. According to
news release, there will be reductions in these costs; there will be a cutback in
', utility rates, It was felt the letter should be answered. This will be taken up
tomorrow at-the RC RC meeting. Supervisor Madigan will take this up tomorrow,
acknowledging receipt of the letter and will express the Board's concern d?i• the matter.
78-373 APPROVE POLICY AND PROCEDURE MANUAL SECTIONS
On motion of Supervisor Lem e, seconded y Supervisor Moseley and
unanimously carried, Sections 44.01, 45.01, 46.01 and 47.01 of the Policy and
Procedure Manual were approved.
78-374 WAIVE FIRST READING: ORDINANCE CALLING FOR ELECTION FOR ELIMINATION
OF RECORDERS OFFICE
On motion of Supervisor Richter,. seconded by Supervisor Lemke and
unanimously carried, the first reading of the ordinance tolling for an election for
elimination of Recorders Office and making the County Clerk the ex-offico ._'~~.order
ryas waived.
78-375 ADOPT RESOLUTION78-45 IN SUPPORTOF SACRAMENTO COUNTY'S STAND
RE GENERAL ASSISTANCE BILL, SB 382
Supervisor Madigan stated that all Board members had received a letter
and copy of a resolution from Sacramento County regarding the General Assistance
provision. This relates to SB 382. Resolution discussed.
On motion of Supervisor Madigan,. seconded by Supervisor Lemke and
unanimously carried, Resolution 7,8-45, supporting Sacramento ;County's resolution
~CtaF ~_.
Page 2b8. February 21, 1978
__February 21 1978 _W ________________
regarding General Assistance Welfare provision was adopted, and the Chairman
', was authorized to sign, to be delivered to the Health & Welfare Committee and to
our Assemblyman and Senator, and to Governor Brown.
78-376 MEETING RE JARVIS AMENDMENT TO BE HELD NEXT WEEK IN CHICO
It was announced that there was going to be a meeting next week in
Chico to discuss the Jarvis Amendmenf.
There is also a meeting in Sa amento to discuss ax bi Its to be held
February 23rd and 24th.
ADJOURNMENT
T ere being nothing forth r before the Bo i i e, t meting
was adjourned at 3:10 p.m, to recon ene on Tuesday a 8 19 t 9:00 a.m,
ATTEST: CLARK A. NELSON, COU TY ERG
By: ~ Ch ' a -oft and
Asst. C erc of a oard.
Page 269,
February 21, 1978
.,
~ .,, , ~ ,~
interDep~r~¢~~ ~~~ ~~mora~odum
{ YS
~~'!:.+
ro: Butte County Board of Supervisors .
i
~aom:~, Joe E. Bandy, Agricultural Commissioner
sua~ec'r: Land Conservation Act Agreements for 1978
onre:! February 14, 1975
Application Acres
/Adams, Lou R.
H 510
761
.
~Ahart, Bernice C.; Ahart~ Daniel
~Al1en, Robert E. & Kopfer, Rudolph J. 115+
/Anderson, William L. & Hochstetler, Sarah K. 225
vBertagna Orchards, Tnc. 45
Bevan, Ernest R. Jr. & Lori S. 351
/R. A. Bonslett, Inc. 319+
~Bonslett~ Robert ~ 435'
rBuzard, Reynolds L. ~
/Carlson, Louis D. & Ada H. 407+
Carlson Ranch 1x119
`Casey Ranch 52+
Cherokee Farms, Inc. ~+5g+
t~Ben Fairlee Estate -3,356
~Gallent9.ne, Gale S. & Laverne 57.2+
~Gorrill Land Company 3:762+
~ Griffith, John Ellis & Rowena M. 20
Glen Harris Farms 553
yHarris Landowning Corp. 750
v van der Have, Jan C. & Eva 126+
/Jensen, Harold J. & Mildred 127+
-~Johnson, Charles H. Jr. & Mary 122+
vJohnson Equities, et al 443
Johnson Equities 155
~- Keeney, Morris J. & Agnes; Keeney, M. B. & Joan 357
~-Keeney, Morris J. & Agnes 57+
Kelleher, Helen M. & Timothy M. 160
rKiernan, Desmond. J. & Rosemarie 15+
vT,each, Lawrence L. & IIizabeth A. 20+
r Lenz Otto W. 179+
/`Liston, James C. 65
~McRae~ Donald L. 304+
McRae, Donald L. 445
/Mewes~ 1lirgin3.a 62+
The following Applications and Agreements have been reviewed by County Counsel
and the Land Conservation Act Committee.
We have found that they meet the requa.rements established by Butte County and
recommend they be passed, signed by the Chairman of the Board of Supervisors
and properly recorded prior to March 1, 197.
//0, a./
~___
;'., ~ ~ ~ i
'. ~ ~
;~'
been completed for the Ioca1 transportation fund, child support
collection program, Butte County operating funds, and Butte County
Revenue Sharing fundso Referred to the Administration Office.
Page 2700
February 28, 1978