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February 22, 1477
STATE OF CALIFORNIA )
SS.
OOUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Lemke, Madigan, Moseley, Winston and Chairman Rfchter.
Clif Nickelson, Administrative Officer, Dan Blackstock, County Counsel, and
Clark A. Nelson, County Clark, by Margie Catt, Clerk of the Board.
Pledge of allegiance to the Flag of the united States of America
Invocation gives by Supervisor Lemke
77-35b APPROVAL OF MINUTE5
On motion of Su ervisor Winston, seconded by Supervisor Moseley
and unanimously carried, tie minutes of February 13, 1977 were approved ae
mailed with the changing of the word "Board" to Planning Commission, under
communications on Page 489, from John W. Schooling, Inc., third lime from the
bottom of the page.
77-357 COMMUNICATIONS
City of Chico. Mayor Stewart writes concernlag sales tax erroneously paid to the
/ 4 d ~~ ~ County by the State Board of Equalization. Letter discussed.
Supervisor Madigan to meet with the Mayor and Mr.•Daanenfelser
to discuss the sales taxes erroneously paid to the County.
State Department of Transportation. The Department submits proposed changes to
the Chica transit questionnaire. Chairman Richeer stated he had
7 / ~ ~~ ~ met with Clap Castleberry, Director of Public Works, and they went
over the questionnaire end revised certain areas of the queationaaire.
See motion following communications.
State Department of Fish and Game. The Department advises they are developing
new programs and activities that will affect most citizens sad ask
that they would like to meet with theBoard to discuss these activities.
7 ~',~'~ ~ Letter 'discussed. Administrative Officer to request that someone.
from this department appesr before the Board on Tuesday, March 22, 1977
at 10:30 a.m.
Superior California Senior Services, Inc. Notice of meeting in Red Bluff
on Thursday, February 24, 1977.
77-358 APpRO_VE_TRANSPOBTATION QUESTIONNAIRE
', Public Works requests approval of revised questionnaire and transfer of
funds from professional and specialised services (Chico Taxi) to office expense
in the amoung of $2,200 to cover postage and printing.
On motion ofsupervisor Winston, seconded by Supervisor Lemke and
unanimously serried, questionnaire was approved and transfer of funds approved as
requested.
77-359 R8-AFFIRM ACTION OF NOT FUNDING Q(EBGENCY MEDICAL CARE COUNCIL
Supervisor Madigan commented on the article appearing is the
paper last week which concerned the county withdrawing from the Emergency
Medical Care Council; stating that the County had not taken this action.
They acted not to fund the Council.
On motion of Supervisor Madigan, seconded by Supervisor Lemke and
unanimously carried, the Board re-affirmed their nation not to fund the Emergency
Medical Care Council, but did mot vote to~withdraw from the Council.
Page 1. February 22, 1977
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February 22, 1477
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77-360 DISCUSSION: GUIDANCE FROM BOARD REGARDING GRANT APPLICATIONS FOR E.O.C.
Supervisor Winston commented that a aian had appeared before the
Board last week representing the low income area of E.O.C. sad requested
Board guidance regarding grant applications. What type programs would this
Board gee behind sad help E,O.C. to obtain. E.O. C, needs guidance.
Supervisor Moseley stated thaC Mrs. Kahn had asked her far the
same type guidance. Suggested that guidelines be sot up that could be
followed.
Supervisors Lemke and Moseley requested to meet and come up with a
policy and report back to the Board.
77-36i LETTER FRONT HAROLD BIZ2) JOHNSON RE CLOSING OF DIAMOND INTERNATIONAL ROAD
', A letter fray Congressman Biss Johnson regarding the closing of the
Diamond International Road discussed. Clay Castleberry, Director of Public
Works, to answer the letter. Diamond International is building a bridge on
this road and the road should be re-opened in about 30 days.
77-362 DISCU5SION: TELEGRAM FROM RONALD ROBIE, DIRECTOR-WATER RESOURCES
REGARDING ALLOCATION PROCEDURE FOR WATER
Telegram from Ronald Roble, Director of Water Resources,
regarding the developing of an aliocatioa procedure for participation of
exchange of water from the Colorado R1ver, at a total cost of about $30.00 per
sore-foot for State Water Project users discussed. It was the feeling of the
Board that the County would be unable to take advaatsge of this because of the
price of the water, Telegram referred to Ag Commissioner for his comsneats.
77-363 ADOPT RESOLUTION 77-28 SUPPORTING GLENN COUNTY'S REQUEST FOR FUNDING AND
CUTTING OF RED TAPE IN THE DRILLING OF DEEP_WELLS ALONG TAE STONY CREEK FAN
Glenn County's request for funding and cutting~of red tape in the drilling
of deep wells discussed.
On motion of Supervisor Madigan, seconded by Supervisor Lemke and
unanimously carried, Resolution 77-28 supporting Glenn County's request far
fuadiag and cutting of red tape in the drilling of deep yells along the Stony
Creek fan was adopted and the Cf~airman authorized to sign.
77-364 WAIVE FIRST READING OF SALARY ORDINANCE AMENDMENT
A salary ordinance amendment reclassi£iea an engineering position
in Public Works and in C. B.T.A. and adds two building inspector positions.
Oa motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, first reading of the ealarp ordinance amendment was
waived.
77-365 AUTHORIZE PAYMENT OF FROPERTY DAMAGE CLAIM
Robert Snyder, county employee, files a claim for damage to eye
glasses during county employment in the amount of $25. Claim discussed.
', Discussed setting up o£ guidelines to handle this type claim.
Administrative Officer will set up guidelines and preseaC Co Board for
consideration.
On motion of 5upervisar Lemke, seconded by5upervisor Madigan and
'unanimously carried, claim of Robert Snyder 1n the amount of $25. was authorized
to be paid.
', Page 2._
', February 22, 1977
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77-366 ADOPT RE50YIITION 77-24 ESTABLISHING JITST COMPENSATION TO ACQUIRE PROPS&TY:
HOUSING AND CONDIONITX DEVE].dPMENT
A previously completed appraisal sad review appraisal established
the market value of property at 2311 D Street, Oraviile, at $16,500. Discussed.
Supervisor Winatoa abstained from the discussion and will alas abstain from
voting oa the motion.
Oa motion of 5upervisar Lemke, seconded 6y Supervisor Madigan and
carried, Resolution 77-29 establishing just compensation to acquire property
was adopted and the Chairman authorized to alga.
AYES: Supervisors Lemke, Madigan, 3!Soheley and Chairman Richter
ABSTAINING: Supervisor Winston
7T-367 PUBLIC HEARING SET: SOUSING 6c CdMR1IJNITY DEVELOPMENT PROPERTY ACQUISITION
2311 D STREET: MARCH 15, 1977 at 16:00 a.m.
in accordance with Government Code Sections 25320 a public hearing is
required on the acquisition of re:1 prapertp in order to conaumate the
transaction. Hearing set for March l5, 1977 at_10:00 a.m.
77-368 ADOPT POLICY CHANGE: HOUSING AND COML~AJNITY DEVELOPMENT
The Administrative Office requests adjustment of the below market
interest rate from 4X to 3L to bring the block grant loan program into
compatibility with the Seetinn 312 loan program.
Supervisor Moaelep stated she is glad to see the people in this part
of the district are going to be able to get loans and things at an interest rate
they can afford to pay. This is something that is going to be tangible for our
people. She wonders if some of the rest homes for the handicapped could be
brought into this program. It would be good if the people who provide these
homes could benefie from; 'that program as well. Supervisor Moseley stated
she is glad to see this.
On motion of Supervisor Moseley, seconded by Supervisor Lemke and
unanimously carried, policy change adjusting below market interest rate from
4x to 3L adopted to bring the block grant loan program into compatibility
with the Section 3l2 loan program.
77-369 DESIGNATED STREETS AS PROPOSER FOR PUBLIC WORKS IMPROnEM6NTS UNDER THE
HCD PROGRAM
Certain streets are recommended for improvement based upon
engineering studies.
Oa motion ofSupervieor Winston. seconded by Supervisor Madigan and
unanimously carried, approved designated streets as proposed for Public Works
improvements wader the HCD program approved.
77-310 APPRO"dED STATEMENT OF ASSURANCES
A statement of assurances required under the new Revenue Sharing Act
has been prepared. Assurances are for Entitlement Period 8 (Jarn:ary 1 through
September 30, 1977).
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
unanimously carried, statement of assurances mss approved and the Chairmen
authorized to sign.
77-371 ADOPT RESOLUTION 77-30 INCREASING SHERIFF'S REVOLOL~TG PUND
The Sheriff requests authorization to iaeresae his revolving fund
from $1,000 to $5,000 pursuant to the Goverameat Code.
On motion of Supervisor Winston, seconded by Supervisor Madigan
sad unanimously carried, Resolutien 77-30 increasing Sheriff's revolving
fund to $5,000 was adopted, Chairman authorised to sign sad a transfer of
$4,006 from the reserve to increase the fund authorised.
Page 3.
Februarp 22, 1977
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77-372 APPROVE AGREEMENT WITH CALIFORNIA STATE UNIVERSITYsCHICO TO PROVIDE RE5ERVE
DEPUTY SHERIFFS AT pARIOUS FUNCTIONS
A contract has been prepared with the Cali£osaia State University-Chico
to provide reserve deputy sheriffs at various functions that may require their
services. The agreement has been reviewed by both Counsel and the Auditor.
Policy of providing deputies discussed.
On motion of Supervisor Lemke, seconded by Superviscr Winston and
unanimously carried, agreement with California State University-Chico Co provide
reserve deputy sheri£fe at various functions that may require their services
was approved and the Chairman authorized to sign.
77-373 DISCUSSION: SNORING RESTRICTIONS-APPROVE DESIGNATION OF PLACE WHERE SMOKING OF
TABACCO WOULD BE ALLOWED
', Assembly Bill 2291 that becomes effective April 1, 1977 calls for certain
smoking restrictions in public piaces.diacussed. Supervisor Lemke said that
the action that would be required would be to designate public places where
smoking would be allowed. He stated he is a smoker and that he would suggest
his side o£ the Board roam being designated as the portion that smoking would
be allowed.
Supervisor Winston suggested that the back end of the room be
designated for smokers; there are two doors there that would allow ventilation.
It was moved by Supervisor Lemke, seconded by Supervisor Moeeleq
and unanimously carried that is rooms where public meetings are held, there
should be s contiguous place of not less than SOX designated by signs where
smoking of tobacco would be allowed.
Clif Nickelson, Administrative 0#£icer, will come back next week
with a suggestion for the area is the boardroom to be so designated for
smokers.
77-374 APPEARANCE OF !fA$IM EACH; HEARING OF E. M. WEST dPPFAL OF USE PERMIT T+0
ALLOW SEPTIC TANK SYSTEM & PARKING ADJACENT TO BOWLING dLLEY IN PARADISE
ttaxim Bach, attorney, appeared to protest action taken by the
Board last week in the denial of the appeal of the E. N. Went use permit to
allow septic task system and parking adjacent to bowling alley in Paradise.
He had received a notice from the Clerk thaC the hearing would be held on
February 22, 1977; he denied receiving the other notice of the hearing be
re-set to February 15, 1977.
Chairman Richter showed a copy of the letter written by the
Planning Commission a copy of which had been sent to Mr. Bach. Mr. Bach
denied receiving acid letter.
Dan Blackstock, County Counsel, seated that the Hoard could
disregard any error about notices. In this case, it is reflected that the
County mailed to Mr. Bach a copy of letter setting the hearing date to
February 15th. The Board could hear Mr. Bach at this Lime, sad based on his
information presented, the Board could re-hear the matter.
It was moved by Supervisor Lemke, seconded by Supervisor Winston
and unanimously carried, the Board fpproved the re-hearing of the E. M. West
appeal.
Mr. Bach stated he did not think it fair to hear one side without
the other side being presenC. Mr. Blackstock stated that the matter had been
duly advertised; records show that 2sr. Sash was aatified. Mr. Bach should
present matters to the Board and if the Board feels Chat a modification of
Page 4.
February 22, 1977
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the previous decision should be made, then the Board could attempt to
properly reverse the action of last week.
Mr. Bach stated that their immediate concern is that there
never has been an E.I,R. for this bowling alley. He feels that it would
have an affect on the environment, The plans provide for drainage and
Mr. Pye, hie client, is concerned that there ie not enough depth to take
care of Che run-off from the parking lot. 3ustification for the appeal set
out by Mr. Bach.
Biii Geddis,land surveyor, stated that he and Dave Driscoll went
over the land Saturday. There are existing encroachments on the 12' easement.
If the pipe is placed under the easement, it will weaken the house of the
adjacent property owner. At present there is a 48" culvert pipe; there will
need to be a 72" or 84" culvert.
Chairman Rfchter stated that the use permit does not dictate the
size pipe that should be used; Public Work's duty is to see that the proper
size culvert is used.
Clay Castleberry, Director of Public Works, stated that the ultimate
design would require a 72" culvert under Wagstaff Road. At present, the pipe
that is there now would be able to carry af£ all the water that would be
drained from the parking lot. the easements do need to be cleaned out and
the County does have the right to go is and open the easements up.
Mr, Bach concluded his presentation at this time, stating he
feels that an E.I.R. should be prepared.
On motion of SupervisorWinston, seconded by Supervisor Lemke and
unanimously carried, the Board re-affirmed their action taken last week on
the appeal of use permit for E. M. West for s bowling alley in Paradise.
77-375 PUBLiC HEARING: LOUIS C. NOFREY-RE20NE FROM "AR-lam" (AGRICULTURAL_RESIDENTIAL)
(NOBBLE HODS) TO "C-1? (light commercial) FOR 3.22 ACRES, MORE OR LESS, LOCATED
ON SOUTHEAST CORNER OF KUSEL ROAD & LINCOLN BLVD. OROVBLLE: '~
The public hearing on the Louis C. Nofrep rezone from "AR-N~" ~~
(agricultural-residential, mobile homes) to "C-1" (light commercial) for
3.22 acres, more or less, Located on the southeast corner of Kusel Road and
Lincoln Blvd., Oraville was held as advertised. Backgrauad of the rezone
set out by Mr. McKeehan. A negative declaration was filed with theE.I.R,
Review Comn-iCCee on November B, 1976. A letter of hardship presented.
The statement shows Lhat there will be no enviro~ental impact to the area.
The Board was requested to accept the negative declaration.
On motion of Supervisor Winston, seconded by 5upervieor Lemke
and unanimously carried, the negative declaration filed with the staff was
approved at this time.
Staff report on hardship set out by the Planning Department. Staff
recommend ~proval of the request for approval of hardship.
It was moved by Supervisor Moeeiey, seconded by Supervisor Lemke
and vneaimausiy carried, Chat the letter of hardship filed in the Louis C.
Nofrey was satisfactory.
County Counsel explained how the rezone could be approved.
The Board would have to find that the use is caa~paiiblea with the existing
uses and that it is consistent with the General Plan.
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February 22, 1477
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Hearing opened to the public. Appearing:
1. Louis Nofrey, 2368 Lincoln Blvd., Oroville. He is
purchasing this property. The sale is contingent upon the changing of
the zoning. Background of the property set out. It is surrounded by C-1
zoning. Justification of the request for rezoning set out.
Hearing closed to the public and confined to the Board.
Chairman Richter commented that although it is inconsistent
with the land use, it is consistent with the other elements of the General
Plan. Supervisor Lemke stated that everything is this atea is zoned "C-1".
He felt that the rezoning should be approved.
It was suggested that the hearing be continued one week and have
the Planning staff bring back a document to state that the zoning is consistent.
Hearing continued to March 16, 1977 at 9:OOa.m.
77-376 PUBLIC BEARING: HARVEY NELSON, APPEAL OF CONDITION REQUIRING INSTALLATION
OP G1JRB, GUTTER AND SIDEWALK FOR TENTATIVE PARCEL MAP, AF 3b-47-30, 4 LOTS,
WEST SIRE OF EDGEMONT bRIVE,,,OROVILLE
The public hearing on the Harvey Nelson appeal of coaditioa requiring
installation of curb, gutter and sidewalk for tentative parcel asap, AP 36-47-30,
4 lots, west side of Edgemont Drive, 200 feet north of Orovil3e-Bangor Highway,
Oroville, was held at this time.
Hearing opened to the public. Appearing:
1. 8311 Geddis, from Graves, Geddie and Driscoll-engineers.
Mr. Geddia appeared ss representative for Mr. Nelson; Mr. Nelson feels this
is a rural area, and the requirement for installation of the improvements would
be in excess of his capabilities Rnd would be unneeeasarp.
Hearing closed to the public.
Supervisor Winston felt the Board should formulate some hard-feet
', policy regarding the requirements for installation of curbs, gutters and
sidewalks. This could be coordinated with Mr. Castleberry. Mr. Castleberry
will work up a policy and present next week.
Hearing continued to March 1, 1977 at 11:00 a.m.
77-377 PIIBLIC HEARING: HOUSING & COMt~AJNITY DEVELOPMENT ON REAL PROPERTY
A ISITION FOR 2435 D STREET OROVILLE PURSUANT TO GOVERNMENT CODE SEC. 25350
Public Hearing on she Housing and Community Develogment acquisition
of real property for 2435 D Street, Oroville, pursuant to Government Code
Section 25350 held as advertised. Hearing opened to the public.
Appearing: no one.
Hearing closed to the public and confined to theBoard. Minutes
to reflect that Supervisor Winston did not participate in the discussion or
vote on the motion.
On motion of Supervisor Moseley, seconded by Supervisor Lemke and
carried, the Administrative Officer was authorized to complete the transaction
', for the acquisition of the real property at 2435 D Street, Oroville.
Page b.
February 22, 1977
February 22, 1977
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77-378 APPROVE TECHNICAL CONSULTANT CONTRACT WITB MARX CLAIRE HEFFRON
A contract has been prepared wlth Mary Claire Heffron for Butte
County Head Start staff training in the areas of developmental stages of
pre-achoolera, theories and practices of cognitive development and setCiag
of iadividuel goals. ContracC is for the period March 7-12, 1977 is an
amount not to exceed $227.50.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, contract with Maty Claire Heffron for Butte County
Head Start staff training was approved and the Chairman authorized to saga.
7~-379 ADOPT RE50IITTION 77-31 RE CONFLICT OF INTEREST REPORTING FORMS
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, Resolution 77-31 setting a common date of July 1 as cut
off dace with filing due date of September 1 for those principals listed by
the Conflict of Interest Codes apprmred by the Board.
Oa motion of Supervisor Winston, seconded by Supervisor Madigan
sad unanimously carried, Resolution 77-31 re Con#lict of Interest reporting forms,
setting July i as cut off date with filing due date of September 1 was adopted
and the Chairman authorized to sign. ---
77-350 APPROVE JOINT EXERCISE OF POWER AGREEMENT FOR FURNISHING RENTAL HEALTH
SERVICES WITH GLENN COUNTY
A joint exercise of power agreement far furnishing mental health
services with Glenn County has been prepared. Contract is through the period
ending June 36, 1977 for a maximum amount of $1,023.
On motion of Supervisor Winston, seconded by Supervisor Madigan and
unanimously carried, mental health services agreement with Glenn County was
approved and the Chairman authorized Co sign.
77-38I ADOPT RESOLUTION 77-32 RE PARKING IN CENTER OF SxYWAY DURING SNOWPIAWING
SEASON 'AWARD OF BID FOR LOWER SONCUT BRIDGE OVER WYMAN RAVINE
On motion of Supervisor Madigan, seconded by Supervisor Lemke and
'unanimously carried, the following action was takes:
1. Adopted Resolution 77-32 re parking in center of Skyway during
snowplowiig season and the Chairman authorised to sign.
2. Award bid to low bidder, Tommy Stewart of Sheridan in
the amount of $64,900 for the construction of Lower Hoacut Bridge over W,ystan
'Ravine (Project 04452-75-2) and the Chairman was authorised to sign the contract.
77-3g2 REPORT ON UPPER RIDGE FIRE STATION BID RESULTS
Clay Castleberry, Director of Public Works, reported that D. K.
Poa of Sacramento was the Low bidder for Che Upper Ridge Fire Station. Award
'of bid to be held until later in the meeting.
77-983 ACCEPTANCE OF DEED RE MAGALIA DAM PROJECT-CONDENlLVATLON SETTLEMENT
A deed has been prepared in settlement of a condemnation case
(James L. Drake} for property located on the Skyway at Magalia.
Qa motien of Supervisor Mad~,gaa, seconded by Supervisor Lemke and
.carried, deed in settlement of a condemnation case (James L. Drake) for property
Ilocated on the Skyway at Magalia was accepted and the Chairman was authorized
to sign the certificate of acceptance.
ABSTAINING: Supervisor Winston
77-.384 ADOPT RESOLUTION 77-33 AUTHORIZING EXECUTION OF HIGHWAY EASEMENT FOR SPRR
'.CROSSING C-167.3 RICIiVALE-FAST 6 APP$OVAL OF R/W ACQUISITION AGREEMENTS
On motion of Supervisor Lemke, seconded bq Supervisor'Madigan and "
Page 7. February 22, 1977
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unanimously carried, the following action was taken:
1. Adopted Resolution 77-33 authorizing execution of highway
easement for SPRR crossing C-167.3 (Richvale-East) and the Ct-aizman was
authorized to sign.
2. Approved agreements for sale for right of way acquisition,
authorized Chairman to sign and authorized Auditor to issue warrants upon
demand of County's escrow agent for following:
Baid Rock Rd. B. W. George et ux $163 No impr. $163
Bald Rock Rd. C. Hicks et ux $100 No impr. $163
Skyway @ MagaliaDam J.Azake (settlement) $ 1
77-385 DISC{ISSION: CONSTRUCTION OF SMALL ROAD JOBS USING MOTOR GRADER OPERATORS
Clay Castleberry. Director of Publio Works, explained the item
of construction of small road gobs using motor grader operators. He stated
he was meeting with contractors throughout the State and he will use County
forces to do the small jobs sad go to bid for the large jobs. (SAC is
taking a position in these Cype matters. Discussed; no action taken.
77-386 PURCHASING AGENT AIITflORIZED TO GO TO BID FOR HEAL ROAD LAND FILL
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, Purchasing Agent was authorized to go to bid for
the Neal Road land fill material.
77-387 WAIVE SECOND READING: ADOPT ORDINANCE 1798 ELIMINATING PLANNING OOMMISSION
TO BE AN APPELIATE PROCESS FOR U5E PERMITS & VARIANCE5
On motion of Supervisor Lemke, seconded by Supervisor Moseley sad
unanimously carried, second reading of ordinance amending Chapter 24 of the
Butte County Code eliminating Planning Commission to be an appellate process
for use permits and variances was adopted and the Chairman authorized to sign.
Discussion of appointments to Zoning AdjustmentBoard discussed;
no action taken.
77-388 APFROVE APPOINTMENTS TO PLANNING COMMISSION
Oo motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, Jerry Everhard was nominated as a member of the Butte
County Planning Commission, said appointment to be effective when ordinance
becomes effective.
On motion of Supervisor Winston, seconded by SupervieorMoeeley
and unanimously carried, George C. Gilbert, Jr. was appointed a member of
the Butte County Planning Commission, said appointment to become effective
when ordinance becomes effective.
On motion of Supervisor Madigan, seconded by Supervisor Moseley
and carried, Dr. Frank Bennett was appointed a member of the Butte County
Planning Commission, said appointment to become effective when ordinance
takes effect. AYES: Supervisors Lemke, Madigan, Moseley S Chairman Richter
NOES.: Supervisor Winston
77-389 p1WINANCE AMENDING ARTICLE V OF CHAPTER 21 OF BUxTE COUNTY QODE
AUTHORIZING REASSESSMENT OF PROPERTY DAMAGED OR DESTROYED BY MISPDRTUNE
OR CALAMITY: PUT OVER ONE WEEK
Ordinance amending Article V of Chaptez 21 of the Butte County
Code authorizing reassessment of property damaged or destroyed by misfortune
or calamity discussed. No action taken; put over one week.
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February 22, 1977
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77-390 ADOPT RESOLUTION 77-34 AUTHORIZING THE LEVY, COLLECTION AND ENFORCEMENT
OF ASSESSMENTS OF LAKE MADRONE WATER DISTRICT BY AUDITOR, ASSESSOR, TAX COLLECTOR
AND TREASURER OF THE COUNTY PURSUANT TO WATER CODE 5ECTION 37300 et. seq.
Oa motion of Supervisor Winston, seconded by Supervisor Lemke and
unanimously carried, Resolution 77-34 authorisfng the levy, collection sad
enforcement of assessments of the Lake Madrone Water District bq the Auditor,
Assessor, Tax Collector and Treasurer of the County o£ Butte pursuant to
Water Code Section 37200 et. seq. was adopted and the Chairman authorised to
alga.
77-391 AWARD OF BID: UPPER RIDGE FIRE STATION
Director of Public Woxka reported to the Board that there is
insulation in the Upper Ridge Fire Station, set out in the bid.
On motion of Supervisor Lemke, seconded bq Supervisor Winston
and unanimously carried, bid for the Upper Ridge Fire Station was awarded
to the low bidder, D. K. Fox, Sacramento, in the amount of $148,900
and the Chairman was authorized to sign the contract for said work.
77-392 PUBLIC HEARING: TOM ROGERS-APPEAL OF CONDITION 3 REQUIRING INSTALLATION
OF CURB, GUTTER AND 9IDEAALK FOR SUBDIVISION, AP 36-54-09, 16 LOTS, NORTHEAST
CORNER OF FOOTHILL BLVD:' OROVILLE-BANGOR HIGHWAY OROVILLE
The public hearing on the Tom Rogers appeal of Condition 3 requiring
installation of curb, gutter and sidewalk for subdivision, AP 36-54-09, I5 Lota
northeast corner of Foothill Blvd, and Oroville-Bangor Righwap, Oroville was
held at this time.
Hearing opened to the public. Appeariag:
1. Bill Geddis, representiag the property owner. This is a difficulC
piece of property; it is a dredge-over lot.
Mr. Castleberry stated that this is another development in the
urban area that could be developed. The County could improve this road and
the property in back could be developed. This is a subdivision oa sewers.
The developer is appealing the requirement of the sidewalks. The county
would not require them to remove all the trees slang the road.
Rearing continued to Tuesday, March 1, 1977 at 11:00 a.m.
RECESS: I0:40 #or morning recess aad then to go into an executive session.
REOONVENED: 11:15, following an executive session.
77-393 REPORT ON EXECffTIVE SESSION
Report given on the executive session. Board members did not
come to a conclusion on who to hire as E.I.R. Direetar.
Commented on the discussion relating to coademnation action.
The Board decided not to enter into an tctian regarding the property for the
Sheriff's building in Chico. The County has offered $75,000 for the property.
If the axle cannot be concluded, without the removal of the Cower, the County
will not purchase said property.
77-394 APPEARANCE: LEN TAFT: APPROVE WAIVER OF PENALTY ~ INTERE5T ON FIRST
INSTALLMENT OF OOUNTY TAXES
Len Taft requested Che Board to waive interest penalty on the
first installment of his property taxes. He mailed a check to the County
', Treasurer prior to the last day the taxes were due. He has paid taxes for
Page 9.
February 22, 1977
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r r r a r r s a r r r r r r rFib~i L 22~e 1977r r r r r r r s ae r s .e a s
the past 26 years and the Treasurer has always received hie check until this
year. Dan Blacketock, County counsel, stated that the Treasurer has
written the Board a memo concerning this matter,
Supervisor Winston stated he did not doubt the man's veracity,
but asked how the Board could waive the interest and penalty. Mr. Blacketock
stated that this man's records shows he wrote a check in the amount of the
taxes on such a date. Supervisor Lemke said the Soard would have to use their
faith in this sun's records.
It was mooed by Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, Chat for this one time, the penalty and interest
be waived oa Mr. Taft's first installment of taxes for 1976-77.
Supervisor Winston stated that the Board went on record last week
stating that the only way that the Board would waive the interest and penalty
on taxes was if it was a clerical error. He urged that the Treasurer appear
before this Soard to discuss the matter of waiving of interest and penalty.
77-395 APPEARANCE; JAMES RANSON OROVILLE
James Hanaoa, Oroville, coagratu lated the Board oa the action
taken on the matter of waiving of interest and penalty on fazes of Mr. Taft.
77-396 DISCUSSION: ADOPTION OF UNIFORM FIRE CODE
Uniform fire code discussed. Supervisor Winston staked that he h8s
not had time to review this. Review of the ae£ety element of the General plan
wfll mention the uniform fire code. He felt that Mr. Paulus, Sire Warden, should
be heard from at this time.
Mr. Paulus stated that this fire code le really a companion to the
Building Code. He said the code is designed to protect the public in public
places.
Action put wer one week to ~be-discussed during hearing en
element of the General Flaa.
77-397 DISCUSSION: MANNER OF APPROVING APPOINTMENTS
Supervisor Moseley stated she was not satisfied with the way the
Board is approached about the appointees. She would like to have a different
policy on these appointments. Thirty days before the vacancies are due, the Board
could go out and seek recommendations for the filling of the appointments.
Supervisor Winston stated the County needs qualified people to
fill the appointments.
Mr. Nickelson stated that a tickler system could be set up and
the Board could be notified of known vacancies that will be occursing.
Discussed; no action taken.
77-398 APPROPE APPOINTMENTS T4 EMERGENCY MBDICAL SERVICES COMMITTEE
Oa motion of Supervisor Winston, seconded by Supervisor Moseley
'and unanimously carried, Dr. Neal Spivs was appointed a member of the
Emergency Medical Services Committee.
On motion of Supervisor Winston, seconded bq Supervisor Moseley
and unanimously carried, Joy McElroy, Chico, was appointed t member of the
Emergency Medical Services Committee. ,
Page 10.
February 22, 1977
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77-399 APP80VE APPOINTMENTS TO OROVILLE MOSQiJITO ABATEMENT DISTRICT
On motion of'Supcrvisor Winatoa, seconded by Supervisor Moseley
and unanimously carried, Dr. 9nelbaker and David Tahde were re-appointed
members of the Oroville Mosquito Abatement District.
77-400 APPOINTMENTS TO ALCOSOL ADVISORY BOARD & CITIZENS ADVISORY COMMITTER
ON DRUG ABUSE AND APPOINTMENTS TO MENTAL HEALTH ADVISORY BOARD: PUT OVER ONE WEEK
At the request of Chairman Richter appointments to Alcohol Advisory
Board and Citizens Advisory Committee on Drug Abuse and appointments to
Mental Health Advisory Board put aver one week.
7J-401 DISCUSSION: TELEGRAM dBOUT SALE OF WATER: CHAIRMAN TO SIGN LETTER
ABOUT WATER NEEDS
Joe Sandy, Ag Commissioner, reported on the telegram received
about the sale of water from the Colorado River to water users of this
County. The telegram allows that if the County wants to enter into
a contract with Metropolitan District, they will contract for such water and
will supply it to the users. Mr. Bandy conferred with Alva Mitchell, Farm
Advisor, and he does not have any idea of what will ba needed. It was felt
the water districts should be contacted to see what they will need. The
coat for this water will be $30 per acre £oot.
It was suggested that the rice growers might coasider the purcheae
of such water; the fees setm high but they might be cvasidered by these growers.
Mr. Bandy will contact these people prior to the 24th sad will then inform
Chairman Richter. A letter will be written and signed 'by Chairman Richter
prior to the 24th setting out whether a contracE•for water wi•Il be"requixed
in this coclnty.
RECESS: The Board recessed at 11:50 for an executive session
RECONVENED: The Board reconvened et 12:10 following an executive session
77-402 DISCUSSION: MOVING OF VETERAN SERVICE OFFICER & PUBLIC GUARDIAN
Supervisor Moseley commented on the memo from Mr. Nickelson
stating that the Veteran Service Officer and the Public Guardian does
not want to move out to the old Hospital. She suggested that the Board
members go out and look over the bu#idrng: which will house their offices.
Mr. Nickelson set out the Location and stated he felt the location was
a good oae.
Action oa the move put over one week.
77-a03 ADOPT RESOLUTION 77-35 SUPPORTING OPPOSITION TO STATE TAKE OVER OF
OWNERSHIP OF HIGH~~WATER MARR
Supervisor Lemke brought up the subject of she State looking at
high water and low water marks on navigable waterways. The State is going
to trp and pursue a claim of ownership to the high water mark. This could
be quite devastating to people owning property along these waterways.
Tahoe Shore owners Association request that the County support a resolution
in opposition to this takeover of the high water mark by the State.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, Resolution 77-35 in opposition to Stake take over of
ownership of high water mark on navigable waterways was adopted and the Chairman
authorized Co sign.
Copies of said resolution to be sent to the Legislators and to .~
Assemblyman Eugene Chappie. Pagc 11.
February 22, 1977
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a s s a r s s r s w w a s s s sFsbLsnsrY r2i 1977s w s s s s a s ae r s s s
RECESS: 12:20 to go into executive sesalon.
RECONVENED: 12:25 following as executive session. Cheirman Richter reported
that the'Board had sot made a decision regarding the appofntment
of the E.I.R. Director.
77-404 SOPERVISOH MApI6AN GRANTED PERMISSION TO LEAVE COUNTRY IN EECESS OF
30 DAYS
Supervisor Madigan requested permission to take his wife oa a
vacation is June; he would be gone about a month, or a little more.
On motion of Supervisor Lemke, seconded by Supervisor Wiaston sad
uaanimnuely carried, Supervisor kladigan granted permission to leave the country
in excess of 30 days is June, 1977.
ADJOURNt~NT
There being aothing further before the Board at this time the
meeting was adjourned at 12:30 to reconvene on Tuesday, March 1, 1977 at
9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK
i. - ~i~
BY~ Chairman of the Board ~"-
Clerk of th Board
Page 12.
February 22, 1977