HomeMy WebLinkAboutM031577~: ~
March 15, 1977
STATE OF CALIFORNIA )
SS.
COUNTY OF BITTTE )
The Board of Supervisors met at 9:OD a.m, pursuant to ad~aurnment.
Present: Supesviaors Lemke, Madigan, Moseley, Winston and Chairman Richter.
Clif Nickelson, Administrative Officer, Dan Biackstock, County Counsel, and
Clark A. Nelson, County Clerk, by Margie Catt, Clerk of the Board.
Pledge of allegiance to the Hlag of the United States of America
Imrocation by Supervisor Lemke
77-498 APP ROYAL OF MINUTES
On motion of Supervisor xiinston, seconded by Supervisor Moseley
and unanimously carried, the minutes of March 8, 1977 were approved as
mailed with the correction on Page 41, second paragraph under No. 9 to
state that Mr. Ladd hoped that the County wculd "not" adopt the uniform
fire code.
77-499 COMMUNICATIONS
Robert R. Green, Oroville. Mr. Green submits petition for variance to
provisions of Sections 19-LO and/or 19-12 0£ the Buete County Code for
3-0 ~' the placement o£ a mobile home at Route 2, Bow 2725A Cos Lnne,
Oroville, AP 27-22-b3. Set for hearing on April 5, 1977 at
9:30 a.m.
John T, and Clara M. Cooper, Paradise. The Coopers submit petition far
variance to provisions of Sections 19-i0 and/or 19-12 of the County
~~ ~.Q L Code for placement of a mobile home on AP 50-22-113, Paradise.
Set for hearing oa March 29, 1977 at 9:30 a.m.
Ernest W- 5wihart, Magalia. Mr. Swihart writes concerning the problem o£
ys'~.~ ~ siggns along the Skyvay. Information. Make copy for Supervisor
Winston.
John W. Hamby, Paradise. Mr. Hamby, on behalf of David E. Santos, requests
~ J ~~ withdrawal of I55 acres from the Williamson Act, AP Sb-05-36 and
3,f 63-02-52. Referred to County Counsel.
David E. Santos. Mr. Santos writes in support of theTM-40 zoning proposal
f / 3,0 t7 of Lt. R. E. Cherry, et al currently under consideration.
Referred to Planning.
Lt. R. E. Cherry, Chico. Lt. Cherry writes requesting that one parcel,
/ ~ 3 0 ~ AP 55-05-44, be deleted from his rezoning proposal. Referred to
Planning.
Gerald F. Sizelave, et al, Oroville. A petition containing 18 sigaetures is
it Z , Q V submitted requesting ia~provea-ent of Watt Lane from its coa~meacemeat
T an Stimpson Road to its sad. Refereed to Public Works,
Gary R. Curia, Chico. Mr. Curia writes appealing the variance of setback
/ ! 3,d Q allowgace decided by the Board of Zoning Ad~uetments for AP 4716-06, Nord.
Set for hearing on March 29, 1977 at 9:30 a.m.
Paradise Municipal Advisory Council. The Council sands notification that
they have appointed Lee Burnside as their advisory representaeive to
/ / 3.0 Q the Planning Commission. Referred copy to Planning Department.
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March 15, 1977 `"~
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Butte County goosing Authority. The goosing Authority scads notification
~ ~.~ 0 that V. K. Johnsen's term as Commissioner of the Housing Authority
7 expires April 22, 1977 and requesCa thaC he be reappointed for
eaother four year term. Held over aC this time.
City of Gridley. Mayor Parker writes concerning the removal of city '
// 3 ~ V representation from the Butte County Planning Commission.
Place is file.
Pam Ecker, Gerber. Ms. Ecker submits a claim is the amount of $1.5 million
a C , L ~ dollars as a result of ia~uries sustained is an accident on
December 22, 1976 in Chico. See motion following communications.
State Farm Mutual Insurance Company. The Company, submits a property damage
claim in the amount of $1,20I.14 as a result of an automobile accident
/D O ~ Z-~ with a sheriff's vehicle on December 14, 1976 in Oroville.
See motion following co®uaicationa.
U State Department of Water Resources. line Department requests the county's
~• ~ plans for meeting the water needs for nett year. Discussed; held
over until cater im the meeting when Paradise Irrigation District discussed.
State Office of Planning and Research. The Office forwards comments on the
/ / 3.O v draft of Butte County General Plan elements. Held over until afternoon
discussion of these elements.
State Department of Transportation. Noti#ies County of meeting to be held
~~ ~ 0 V oa March 23, 1977 at 7:30 p.m. is Chico in the Multipurpose Room of
the Rosedale Elementary 5chooi, to discuss improvement of State Route
32, Hord Avenue from Big Chico Creek to Sacramento Avenue. Read and
discussed.
Durham Grange. Request permit to hold the annual Durham Parade sad Picnic,
/ / L .O ~ also dance is Durham oa May 14, 1977. Referred to Sheriff for hie
comments.
77-SDO MATTERS PRESENTED 8Y BQARD MEMBERS
Supervisor Winston and Supervisor Lemke met with a group at Feather
River Hospital to discuss the problem of the Emergency Medical technician
up there. Supervisor Winston fe1C that maybe a group ahauld be appointed
to meet with the Advisory Committee to discuss this problem. There is a
difference in philosphy is the matter of training and treatment procedures.
It was felt that paramedics are highly desirable; some of the hospitals
feel that they cannot afford to hire these technicians. A meeting will be
set up with the hospitals to further discuss this matter.
Supervisor Winston said that Bill Wilson would like to discuss the
matter of Retson Road with Clay Castleberry. Mr. Castleberry will fallow
through with this.
Supervisor Lemke reported on the matter of violation an Clark Road.
Neighbors called him and stated that nothing was being done. Supervisor
Lemke stated he called Judge Veadegrift as part of his sentence vas to
clean up this dunk yard. This relates to the golcomb~case. Judge Vnndegrift
told Supervisor Lemke to contact Mr. Holcomb's probation officer.
Supervisor Winston commented on the letter from Mr. Weathers
concerning Data Processing. The letter involves further reco®endations.
Supervisor Madigan and Supervisor Winston will recommend two additional
steps to take in this matter.
Supervisor Madigan asked Supervisor Winston if he had attended a meeting
of the Emergency Medical pra~lem last Saturday. Linder the rules cad regulations
ea outside audit was suppose to be made of this Council. Aa outalde audit
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March 15, 1977
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has not been made. Supervisors would like to know who authorised the
mailers and what were the coats imrolved; also what were the costs for spots on
TV. This was discussed at the Nine Northern Counties Supervisors Association
meeting.
Supervisor Madigan reported that Shasta County assured this County that
they would .have the capability•to run the Communication 6yetem by December;
the spstem will be all smoothed out by that time.
Supervisor Madigan stated there would be a water meeting in Redding,
March 21, 1977 at 4:00 a.m.
Supervisor Madigan commented on letter from the Princeton Jr.-Sr. High
School regarding an outstanding student. He wondered if this student
should be invited to attend one of the Board of Supervisors' meetings.
Supervisor Madigan commented on a presentation to Mental Health
Advisor Board regarding funding of Help Line. Chairman Richter stated
that if this should be funded, it should be out o£ Mental Health
funding sad that they should appear before the Mental Health Advisory
Board and make their presentation.
Supervisor Madigan commented on the news releases regarding fines
that a Title Company paid and fines levied by the Land Fraud Unit. 8e
felt the Land Fraud unit should be commended on the progress they are
making. Supervisor Winston said he was still waiting for the 41 illegal
subdivisions that this unit was going to stop. He said that so far the
unit has prosecuted two ladies regarding notary acknowledgments and a
title company. The fines paid were agreed to in out of court settlements.
Fines and•work of Land Fraud Uait discussed.
Supervisor Moseley stated the County should try to do something
about the closing of the Oroville Communitg ~Coavalescent Hospital. She
said she would hate to see this put out of business. Discussed; no action
taken.
77-561 REJECT CLAIM OF PAM ECKER. GERBER
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, the claim of Pam Ecker, Gerber, in the amount of
$1,500,000 as a result of injuries sustained is as accident oa Aecember 22,
1976 in Pico was rejected sad referred to County Counsel and County
insurance carrier.
77-502 REJECT CLAIM OF STATE FARM 1~TUAL INSURANCE COM?ARY
Oa motion of Supervisor Winston, seconded by Supervisor Lemke sad
unanimously carried, the claim of State Farm Mutual Insurance Company
in the amount of $1,201.14 as a result of an automobile accident with a
sheriff's vehicle on December i4, 1976 in Otwille was rejected and
referred to County Counsel and insurance carrier.
77- 03 WAIVE SECOND RF.ADTNCr''OF SALARY ORDINANCE AMENDi~NT: ADOPT ORDINANCE 1803
A salary ordinance amendment 'has been prepared to add two additional position
sad reclassify three positions in the Manpower administrative staff.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, second reading of salary ordinance amendment wan waived,
Ordinance 1803 adopted sad Cf:tirman authorised to sign.
77-501+ DESKS DECLARED SURPLUS PROPERTY ~ AIITHOBI2E PURC6ASE OF ESAM ROOM DESK
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, the following action was taken:
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March 15, 1977
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1. Declared three desks at Welfare Department that were destroyed
1n the fire at Welfare Building surplus property.
2. Approved purchase of examination room desk for Juvenile Hall
st a coat of $56.07.
77-505 ADAPTED RESOLUTION 77-43 APPROVING RU&4L DEVELOPMENT ACT GRANT
FOR ADDITIONAL AIR CYLINDERS
A Rural Development Act grant has been prepared in the amount of
$2,000 which requires $1,000 is local match for the purchase of additional
air cylinders for breathing apparatus for theCounty Fiie•~Department.
Sufficient funding exists from salary savings. ~'~~-
Oa motion of Supervisor Wiastoa, secaaded by Supervisor Lemke and
unanimously carried, Resolution 77-43 appraviag grant appiicatioa,
was adopted, Chairman authorized to sign and transfer of funds from salary savings
authorized.
77-506 APPROVE PAVING IMPROVEMENT PLANS FOR COUNTY FAI&; AUTHORIZED CONTRACT
WITH ISC FARREN TO Il7VESTIGATE DEPARTMENTAL SPACE NEED5 AT PARADISE COUNTY
BUILDING AND APPROVE CONTRACT FOR LflOSELEAF SUPPLEMENT SERVICE FOR COUNTY CODE
Oa motion of Supervisor Winatoa, seconded bq Supervisor Lemke and
unanimously carried, the following action wen taken:
1. Approved plans for paving improvements at Butte County Fair, is
order to improve sad add to the paved surfaces of the Butte County Fair grounds
in Gridley and call far bids authorized.
2. Authorized Administrative Officer to execute contract in the
amount of $850 with Gene McFarrea to imrestigate departmental space sad prepare
schematic drawings for an addition to the Paradise county building.
3. Approved contract with Municipal Code Corporation for Looeeleaf
Supplement Service to the County Code for a ewo year period, far the sum of
$12 per page and the Gheirman was authorized to sign.
77- 07 DLSCUS5ION: JUVENILE DELIN INCY PROGRAM
A contractual services agreement has been prepared between the
Superintendent of Schools office and Plumes County Probation Department
under the CCCJ Coopesative Agency Program to Reduce Juvenile Deliaquincy.
The project operation period for the foster/group home development program
project component is March 2 to August 31, 1977 for a maximum amount of
$6,000. Contract has bees approved as to form and budgetary control.
Mr. Wilson presented and easwesed questions set out by Board members.
Plumes County is going to put together the foster home program. A Foster
Home Association wiiL be put together sad will give these operators better
training.
Time spent discussing the program. The funds will be taken from the
Schools Service fund.
The flue compnnants to the program discussed. This is the last of the
five programs.
It was moved by Supervisor Winston and seconded by Supervisor Lemke
that the agreement for the juvenile deiinquincp program be approved and
Chairman authorized to saga. AYES: Supervisors Lemke & Wiastoa `"
NOES: Supervisors Madigan, Moseley ind Chairman Richter
Motion fails. March 15, 1977
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Howard Casagr8ade will appear Later in the meeting to explain the
program and answer queatioas by the Board members.
7
The public hearing oa the Housing and Community Development acquisition of
property located at 2311 D Street, Orovilla, toes held at this time.
Supervisor Winston stated he would take ao part in thin discussion, nor will
he vote as any motion.
Jerry Lively set out the background of this acquisition. One of
the residents has four families living in it.
Hearing opened to the public. Appearing: no one.
Hearing closed to th~public and confined to the Board for action.
Oa motion of Supervisor Moseley, seooaded by Supervisor Madigan and
carried, CountyAdministrative Offictr waa authorized to purchase said property
located at 2311 D Street, Oroville, at a cost of $16,500.
AYES: Supervisors Lemke, Madigan, Moseley and Chairman Richter
ABSTAINING: Supervisor Wiaatoa.
77-509 ADOPT RESOLUTION 77-44 CONSOLIDATION OF SPECIAL SCHOOL DISTRICT REVENUE
LIl~SIT ELECTION OF GOLDEN FEATHER UNION SCEOOL DISTRICT WITH MAY 31 ELECTION
Oa motion of Supervisor Winston, seconded by Supervisor Madigan and
unAaimous"iy carried, Resolution 77-44 authorizing consolidation of special
school district revenue limit election of Golden Feather Union School District
with the May 31, 1977 election was adopted and the Chairman authorized to sign.
77- 10 APPROVE ADDITIONAL VOLUNTEERS FOR HONCUT FIRE COMPANY
It is requested that 14 additional volunteers be authorized for the
establishment of a volunteer fire company in Hoacut.
Oa motion of Supervisor Madigan, seconded by Supervisor Lemke sad
unanimously carried, ten additional volunteers were approved for the establishment
of a volunteer fire company in Hoacut.
Supervisor Lemke asked what had happened to the LAFCO secommeadatioa
that County Service Area 53 be dissolved. Suggested that a county-wide fire
district area be formed. The County had stated that if the areas would
help themselves, then the County would help the areas with fire protection
services. Ia Magalim, they have she staffing sad the fire truck; the
County is building afire atatioa for the Upper Ridge.
This should be discussed at budget time. it was felt. It should be
put to the taxpayers to handle the costs for this service. Mr, Nickelson
suggested that the costs be placed on the property tax.
Mr. Nickelson will prepare a written report for the Board to studp.
RECESS: 10:25
RECONVENED: 10:30
77-511 APPROVE HIRING ON NINE CET1l ROSITIONS TO CONDUCT VOTER OUTREACH &
DOG CENSUS/LICENSING PR06RAM
In order to utilize CETA personnel is a voter outreach dog census/licensing
program, it is necessary to begin these people working by April 1, 1977. ~,
Clif Nickelson, AdminiatraPive 5lficer, stated that the committee
March 15, 1977
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had met ead that the city representatives were going back to their respective
citq councils and determine if the city would be interested is going in with
the County for this census.
It was felt that the County could not wait for the Cities to meet
and make their decision. The census should be started right away.
Yeraoanei for census discussed. Supervisor Winston said he was
eoaceraed about the persoaael that will do this census; their functions
should be delineated; the enact duties have to be developed sad the
people should be trained.
It was asked who would rue the program and Mr. Nickelson stated
that Steve Muaseimen, lWministrative Annlyats, Clark Nelson, County Clerk
and Sheriff Gillick would be in charge of the program. This program
will also cover the voter outreach program, The programs will be handled
together.
Oa motion of Supervisor Madigan, seconded by Supervisor Lemke and
carried, the hiring of nine CETA positions to conduct voter registration
and dog census/licensing program in the unincorporated areas of the County
and the City of Orovilie was approved. AYES: Supervisors Lemke, Madigan,
Moseley ead Chairman Richter
NOES: Supervisor Winston.
77-512 BUDGET TRANSFERS APPROVED
On motion of Supervisor Madigan, seconded by Supervisor Winston and
unanimously carried, the following budget transfers were approved:
B-88 Assessor. .T~anafers X990 from office expense to special
departmental expense which would allow the purchase
of additional film for the Assessar~s appraisal program.
77-513 APPROVE T.#:1CE ~gEg,~~~ 691 FIR STREET, PARADISE-EOC HOUSING AND
YO[IT,H PROGRAMS. ETC.
A lease agreement has been prepared with Mr. T. Nugent for office space
at 691 Fir Street, Faradise for a period of one pear at e•coat of ¢200 per month,
with a one-year renewal at $225 per month. Office space is to be used by
EOC Horsing and Youth Programs, Community Service, and Family Services
Assaciatioa.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, the lease agreement was approved sad the Chairman
ores authorized to sign.
77-514 COMl~IIINITY ACTION DIRECTOR AUT$ORIZED TO FILE LETTER OF INTENT
FOR DESIGNATION AS AN AREA OF dGI2JG FOR BUTTE COUNTY
EOC requests authorization to initiate a process of having the
Board of Supervisors designated as sponsor for the Area Agency oa Aging for
Butte County. This desigaatioa will make the County eligible for an estimated
$124,045 is senior citizen service program funds during the next fiscal year.
Chairman Richter questioned Razia Kahn, Direceor, about this grant,
Mrs. Rahn stated she would obtain more information on the grant; the State
Council oa Aging will decide whlether the County will receive the funds.
The funds can be used for such things as to help fund the subsidized taxi
for the aged. The funds will have to be divided in to the four priority
items. A minimum of $24,000 will have to spent oa each priority item.
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On motion of Supervisor Lemke, seconded by Supervisor Winston aad
unanimously carried, Director was authorized to file letCer of intent for
the designation as an Area of Aging for Butte County.
77-515 LAND CONSERVATION ACT CONTRACT-DR. PRANK G. BENNETT: ACCEPT COMMITTEE REPORT
The Land Conservation Committee submits its recommendation of 8 petition
for cancellation of the contract for 120 acres owned by Dr. Bennett.
It was stated khst the Assesaor'a~reappraisal. Administrative Officer.
will request the Assessor's resppraisel;no6lfy the EIS Coordinator to review
Che reappraisal aad requeat.of~Dr. Bennett•,~~ Administrative Officer will then
bring the matter back to the Board for seCCing of a hearing.
77-516 DENY RE VEST: CANCEL PORTION OP IANA CONSERVATION ACT CONTRACT-LEAH MARTIN
The Land Conservation Committee submits its report and recommendation
concerning the request of Mr. Chet Ramsey Co cancel a portion of the Leah Martin
contract.
On motion of Supervisor Winston, seconded by Supervisor Madigan and
unanimously ceriied, the request for cancellation of a portion of the
Leah Martin Land -Conservation Act contract was denied without prejudice.
77-517 AB 1258-YIELD TAX LIST A: APPROVE AMENDMENT TO LIST
A parcei numbering error on ~aae of the parcels belonging to Pacific
Gas & Electric Company has bees found to exist. The parcei referred to as
AP 041-01-0-Ob9=0 shauid be corrected to read 041-01-0-026-0.
Oa motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, amendment to Yield Tax List A was approved as set out
above.
77-518 APPROVE RENEWAL OF VARIANCE-NORMAN J. JENSEN PLACEMENT OF A MOBILE HOME
On motion of Supervisor Madigan, seconded by Supervisor Lemke and
unanimously carried, renewal of varieace to Section 19-10 sad/or 19-12
of the Butte County Code for placement of a mobile hams at Bt. 2, Box 601,
Gridley, AP 22-24-91, Gridley, was approved.
77-519 APPROVE CONTRACTUAL SERVICES AGREEMENT• JUVENILE DELINQUINCY PROGRAM
Howard Casagraade, CCCJ, explained the contractual services agreement
between the Superintendent of 9choola office and Plumaa Couatq Probation
Department under the CCCJ Cooperative Agency Program to Reduce Juvenile
Delinquincy. He attempted to clear up the confusion; he explained the matter
of Butte County monies being used to match for Plumes County. The program
is to train foster parents. Plumes County will also be putting up match
funds.
Mr. Casagrasde stated that all plumes County had was a group home.
There ie a constant change and turn over for homes for these juveniles.
It is a service that is seeded. This program completes the total amount
of projects contained under this grant.
Program discussed.
On motion of Supervisor Winston, seconded by Supervisor Madigan
end unanimously carried, agreement approved and Chairman authorised to sign.
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77-526 APPEARANCE: ART GILMAN, DURHAM
Art Gilman, Durham, appearing as Director of Butte County Farm
Bureau, stated that about one month ago the Durham Farm Center wrote
a letter about the assessment practices. the letter was referred to the
Assessor. He felt that the Assessment Appeals Board should respond to the
communication. The letter concerned a finding and facts rendered by the
Assessment Appeals Board. Supervisor Winston requested that the clerk
make a copy of this fiadinga of fact £or his study. This relates to the
decision on the Llano Seco Ranch appeal. Mr. Gilman stated that they are
going to attempt a class action as they feel that there is no reason why
he or his neighbors should have their property valued 10 times more rhea
thoe:of the fiadinga.
The Assessor had reapanded to this letter to the Board. Make-up
of Assessment Appesis Board discussed. Mr. Gilman suggested that the
next appointment that comes up for the Assessment Appeals Board should
be gives a great deal of consideration and the Board should have some
in-put from some area wide organization.
77-521 APPEARANCE: DAVID MINASIAN, ATTORNEY AT LAW, REPRESENTING PARADISE
iRRIGATiON DISTRICT 6. BUTTE WATER DISTRICT: AUTRORI2E AGREEMENT TO ALLOW
TRANSFER OF WATER ENTITLEMENT TO CAL WATER SERVICE ac SUPPLY OF WATER TO
PARADISE IRRIGATION DISTRICT FROM CAL WATER SERVICE SUPPLY
David Minasian, attorney aL law, representing Paradise Irrigation
District and Butte Water District, stated that Butte Water District had
applied £or water from the County for water that County has as entitlements
Prom the State. A contract wen prepared end the district signed the
agreement and returned it to the County.
Paradise does need the water. The plan was submitted to all concerned
some time ago and nothing was done about the plan for water. Offer from the
Metropolitan Water District was,not picked up by the districts. Butte
Water District would still like to have the water if it is not available
to Paradise.
Dan Blackstock, County Counsel, stated he had received a telephaae
call this morning. Apparentlq everyone is aware of the need of water in
Paradise. Water is taken out of the Feather River and is purchased by
Cal Water Service of Orov111e to supply the Oroville residents with water.
Mr. Blackstock has been told that because the ditch goes by a creek that
in turn feeds the Paradise Irrigation District reservoir, Cal Water District
is willing to pump some of the water into this creek and will feed the
Y.I.D. reservoir. This will have Co be done fast, at least before May ist.
Cal Water will have to be paid for the water, P.G. 6. E. will have to be paid
to pump the water.
Suggested plan discussed. Butte Water District will take the
remainder of the water left from the sale to Paradise.
It was moved by Supervisor Lemke, seconded by Supervisor Winston and
unanimously carried, that the Chairman be authorized to sign an agreement
with Cal Water Service and other interested parties necessary to allow the
transfer of County's entitlement to water to Cal Water Service; Cal
Water Service will supply their own water to Paradise Irrigation District
up to the maximum amount, end Chairman authorized to execute an agreement
with Butte Water Mstrict for any remaining water the County might have.
James Lenhoff stated that there was to be a meeting this afternoon ~'
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to discuss the purchase of some of the water for Cherokee. He was told
that this group could submit an offer neat year for water.
77-522 APPEARANCE: ANITA BELL ORO`IILLE
Aaita Bell, Oroville, stated she brought greetings from Family
Health Center. She invited the Board members to attend a Health Care
Workshop at Wyandotte Aveaue School, Saturday-March 19, 1977, from
9:00 to 12:00.
77-523 APPEARANCE: JACl~ SWEENEY, BUTTE COUNTY INDEPENDENT INSURANCE AGENCY
REPORTED ON STATUS OF COUNTY'S LIABILITY INSURANCE
Mr. Jnck Sweeney, Butte County Independent insurance Agency,
reported on the status of the Starr Insurance Company. Starr Insurance
Company has been put into liquidation and they are out of 6nsiness.
The County now has in-effect, self insurance of ap to $500,000 for
liability insurance. There is no market available at this time.
Mr. Sweeney did not think the County would be able to get coverage
for liability insurance from $1 to $500,000.
County will be in Che self-insurance business as of March 16, 1977.
Mr. Nickelson stated there would be a seminar is San Francisco Friday
on insurance. Mr. Nickelson would Like this matter placed back on
the agenda neat week for a course of action to take. Someoae will Nava
to be made responsible for this matter; legal counsel will be needed to
defend the cases. Supervisor Madigea reported that CSAC was making a
study of self-insurance by counties.
be
Dan Blacketock, County Counsel, stated he would like toyauthorized
to retain an adjustor to make accident investigations, if any should occur.
this could tide the County aver until a decision is made.
On motion of Supervisor Winston, seconded by Supervisor Lemke
aad unanimwaly carried, Administrative Officer was authorised': to Work
with County Counsel in the hiriag of an adjustor to investigate accidents
that might occur.
77.524 APPEARANCE: JAMES HAN50N. OROVILLE
James Hanson, Oroville, spoke concerniag water and the control of
water throughout the state. He hoped the Board would take initiative
to write and obtain executive orders relating to controls on water.
He announced that there would be a meeting at the Sacramento
Commuaity Center on March 24th on hard rock mining.
77-525 APPEARANCE: MR. VICTOR _CId1FD0,_CHICO
___
Mr. Victor Cleado, Chico, stated he had an agreement to alloy im
to park his trailer in an area in Chico. The zoning inspector has told
him that he would have to move the trailer. Nr. Blacketock atatcd`that
the only relief that this Hoard could give this mss Would 6e to Have an
ordinance change. This man works on farms aad does not have the monep to
buy a larger trailer. There is no variance procedure for this type
trailer. Discussed; no action Caken.
77-526 APPEARANCE: MRS. KATHERINE WHITNEY. CHI CO
Mrs. Katherine Whitney, Chico, stated that siace the General Plan
elements were being acted upon todap, she would like to discuss the matter.
The Plaaaing Commission spent a long eveaiag going aver the changes to the ~~
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a rn s ae a s a s a a e s a a a a a t a s a~ ~ a~ s a~ s a a ~. a e
elements. Lent week the Board members went over the plena and also
made changes. A special meeting was held by Plaanipg Commission which
she felt was a sham. Mrs. Whitney offered her protest of the elements.
Mr. Blackstock stated that the Planning Commission held special
meetings in Oronille aid Chico. The Hoard held two meetings to discuss
these elements. The records do mot show that Chia protestant appeared
at the hearings.
Mrs. Whitney stated her objections to the scenic highway element.
Supetvisor Winston suggested that Mrs, Whitney stay for the further
discussion of the elements to be held this afternoon.
77-527 HEARING: PRdPOSED MIHING_oRDINANCE
Hearing on proposed mining ordinance held at this time. Supervisor
Lemke stated the guidelines have not been received as yet. Mr. Blackstock
stated there is a draft of the guidelines; they ere still being printed.
The kaw requires the County to approve a reclamation plan. Mr. Blackstock
reco:mnended that the Hoard adopt the procedural ordinance,
Suggested that this matter be placed back on the agenda for next week
with the procedural ordinance. Mr, Blackstock will get the guidelines to
board members, and will put a packet together with the proposed ordinance.
Appearing:
1. .]awes Lenhoff, He stated he had been in touch with Centrex
representative, Mr. Geddie, and they state that they are not aware that
they would be refused a permit. He called the Bureau of ?fines and
they state that there is no reason why permits could not be granted.
He did receive a copy of the guidelines from the State. It is the aear-
final version that ie being coded. None of the other counties have
passed.an; ordinance based on Chis State Lars.
Supervisor Lemke stated he would like to have our County Counsel
contact the attorneys at the State level and obtain the,informatioa that
Mr. Leahoff has.
Mr. Blackstock stated that under the old law, permits could be
issued but the applicant would have to put back the top coil after
the mining was through. Mining operations explained by Mr. Blackstock.
It was felt the County should not do anything until they have
the guidelines.
It was moved by Supervisor Lemke, seconded by Supervisor Madigan
and carried, that Che County try to operate under the existing county
ordinance until the County has the guidelines being prepared by the State.
AYES: Supervisors Lemke, Madigan, Moseley and Winston
NOES: Chairman Richter
A representative from the Federal Bureau of Mines will be invited
to appear before the Board to clear up the matter o£ requirement
surrounding mining operations.
RECESS: 12:20,
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March 15, 1977
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March 15, 1977
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RECONVENE: 1:30 p.m.
77-52$ PUBLIC'HEARINGS ERROL H. HALL - RECONHIDERATION OF TENTATLI~E PARCEL
MAP,, AP. 42.-D9; Ad,,. !~ .LOTS, NORTH SIDE OF HWY 32, BETWEEN MDIR AVE. AND
KENNEDY AVE.. CHICO,
The public hearing on the Errol H, Hall reconsideration of tentative
parcel map, AP 42-09-06, 4 lots, north aide of Hwy 32, between Muir Avenue
and Kennedy Avenue, Chico was continued to March 22, 1977 aC 11530 a.m.
77-529 APPROVE CHILD HEALTH AND DISAB7.I.LT,Y.PREVENTION PROGRAM PLAN FOR 1977-78,
INCLUDING PROPOSED BUDGET TO BE 100 PER CENT FUNDED BY THE STATE
Dr. Richasd Svihus, Health Director, set out the background of
the Child Health and Disability Prevention Program Plaa for 1977-78.
On motion of Supervisor WineCOn, seconded by Supervisor Madigan,
and unanimously carried, the Child Health and Disability Prevention•Program
Pion for 1977-78, including proposed budget to be 100 per cent funded by
the state was approved and the Chairman authorized to sign.
77-530 ADOPT RESOLUTION 77-45.: DIRECTING THE TAX COLLECTOR TO SELL TAX DEEDED
PROPERTY AP 72-13-07(FORMERLY AP_37-_3.0-34 .
Oa motion•of Supervisor Madigan, seconded by Supervisor Moseley
and unanimously carried, Adapt Resolution 77-45 directing the Tax Collector
to sell tax deeded property for AP 72-13-07 (formerly 37-30-34) at a minimum
bid of $100 and authorized the Chairman to sign.
77-531 CONTINUED HEARINGS WILLIAM J. BEASLEY - &ECOMMENDED DENTAL OF PARCEL
MAP, AP 5$-20-49, FOUR LOTS, NORTH SIDE OF HIGHWAY 70, APPROXIMATELY 450
FEET NORTH OP PINKSTON CANYON ROAD.
The continued hearing on the William J. Beasley recommended denial
of parcel map, AP 58-20-49, four lots, north aide of Highway 70, approximately
450 feet north of Pinketon Canyon Road was continued to March 16, 1977.
77-532 CONTINUED HEARING: THELMA LOVSDAHL (TRI-B, INC.) - RECOMMENDED DENIAL
OF PARCEL MAP, AP 47-23-43, 56 & 57 AND AP 47-23-54 & 55, TWENTY LOTS,
INTERSECTION OF COHASSET AND RTCHARDSON_SP_RINGS ROAD. NORTHEAST OF CHICO.
The continued hearing on the Thelma Lovedah~).(Tri-B, Ina.) recommended
denial of parcel map, AP 47-23-43, 56 & 57 amd AP 47-23-54 & 55, twenty lots,
intersection of Cohasset and Richardson Springs Read, northeast of Chico
was continued to March 29, 1977.
77-533 APPROVE PUBLIC WORKS ITEMS:
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the following public Works items were approved:
1. Waive the first reading of Ordinance prohibiting use of county
highway by commercial vehicles exceeding a gross weight of 14,000 pounds,
Wyandotte Avenue between Olive Highway and Lincoln Blvd.
2. Authorize release of maintenance bond, Watson subdivision.
3. Authorize refund of $103 fee for Joshua Tree Subdivision,
11 lots, east aide of Highway 99, north of Lassen Avenue, Chico.
4. Approved subdivision map and subdivision agreement for
Country Acres subdivision. ~__ _~~~~
Page 57.
March i5, 1977
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March 15, 1977
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5. Authorized work on Yecum Avenue for adding gravel and oil
and chipping between Midway and Feraon by County crews.
77-534 REPORT: STREF,T NAMING AND NUMBERING SYSTEM BY CLAY CASTLEBERRY,
PUBLIC WORR5 DIRECTOR.
Clay Castleberry, Public Works Director, stated that Bob
Malquist is going to make a presentation to the Planning Commission on
Thursday night concerning the street naming and numbering system. Thera
are twenty roads the committee did not name in the Paradise area. Mr.
Castleberry stated that he needed direction from the Board as to what
to do with those roads.
Supervisor Lemke stated that Mr. Malquist had told the people
at the public hearing held in Paradise Chat if he did not have a request
for a new name within 30 days then he would name•it.
It was felt this was a good idea.
The Board will have to hold an advertised public hearing on
_ the street naming after the Planning Commission makes their recommendations.
- Discussion of street naming and numbering ordinance had at this time.
77-534 NFORMATION ITEM PRESENTED BY PUBLTC WORKS
Mr. Castleberry, Public Works Director, stated that the improvement
standards have been looked at by local engineers and surveyors and the
recommendations have•aow been brought together. Possibly the Board could
consider sending the improvement standards out to the different urban area:
cities and MAC. The Board might want to consider reducing the urban area.
The matter is continued to March 22, 1977 for consideration.
The road tour h~~7 been rescheduled for March 28, 1977 at S:OQ a.m.
to leave from the Public Works Department.
77-535 ADOPT RESOLUTION 77-46":" SETTING PUBLIC HEARING DATE FOR pAIC`30RE PARK
SUBDIVISION, WALTER HUTTON - PUBLIC UTILITY EASEMENT ABANDONMENT ON LOTS 7
AND 8 IN OAKMORE PARR SUBDIVISION. PARADISE.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, Resolution 77-45 setting 7ipril 5, 1977 at 10:15 a.m.
ea the public hearing date for Oakmore Park Subdivision, Walter Hutton
public utility easement abandonment on Lots 7 and 8 in Oakmore Park
Subdivision, Paradise was adopted and the Chairman authorized to sign.
77-536 REPORT: HESTER~FOWLER, ETAL, PETITION CONCERNING USE_PERi~SIT GRANTED
The report on the Hester Fawley, etal, petition concerning use
permit granted Barbaxa Gates for a wrecking yard in Oxoville is continued
to next week, March 22, 1977.
77-537 APPROVE APPOINTMENTS TO AIR•POLLUTION HEARING BOARD
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the following people were appointed to the Air
pollution Hearing Board for a three-year term to expire January 31, 1980:
Dr. William H. Coats
Don Black
Robert Gunther _-
1
Page 58.
March 15, 1977
'i ~~
es~e~~ :~sr~ea~iar~Ctl lSa 1977~~ass~~~~s~s~
77-538 P OVE APPO S TO BUTTE COUNTY BOARD OF ZONING AD3TfSTMENP
Oa motion of Supervisor Moseley, seconded by Supervisor Lemke
and carried, Al Appleman was appointed member Butte County $oard of Zoning
Adjustment. AYES: Supervisors Lemke, Madigan, Moseley and Chairman Richter.
NOEH: Supervisor Winston.
Oa motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, 'Louis Camenzind was appointed member Butte County
Board of Zoning Adjustment.
Oa motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, Dr. Williams Collins was appointed member Butte
County Board of Zoning Adjustment.
77-539 ADOPT RESOLUTION 77-47: SAFETY ELEMENT, SEISMIC SAFETY ELEMENT,
SCENIC HIGHWAY ELEMENT, AND NOISE $EMENT OF THE BIFTTE COUNTY GENERAL PLAN
AND ENVIRONMENTAL REVIEW FOR THE FOIIR ELEMENTS.
The continued public hearing on the four elements of the General
Plan and the Environmental Review was held at this time.
DiBciiasion of letter from the State Office of Planning and Research
had at this time.
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, a letter was authorized to be written to the
State Office of Planning and Research answering their communications.
Discussion of the environmental impact report had at this time.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, on page A-15 delete paragraph a. Alternatives
No Action. and change to No Action. Because adoption of a seismic safety
element is required by State law, the no action alternative is legally
feasible.
On motion of Supervisor Zemke, seconded by 6upervieor Moseley
and unanimously carried, on page A-YZ delete paragraph e. Alternatives
No Action. and change to No_Act~on. Because adoption of a seismic safety
element is required by Btate law, the ao action alternative is legally
feasible. -~..,_. - ----~--~^-----------.....
Oa motion of Supervisor Lemke, seconded by Supervisar Madigan
and unanimously carried, review itaa-been made of the proposed elements
sad review has been made of the EIR in detail; the comments made to the
ETR have been reviewed and the reaposaes to the comments that are attached
to the report are the 8otszd7ibsrespoasea with the changes made and finding
them satisfactory and in accordance with the law; the EIR~was accepted.
Diacus~ioa of the manner is which the elements are to be adopted
had at this time.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, Resolution 77-k? adopting the four elements of
the General Plan (Safety, Saiamic Safety, Scenic Highway end Noise Elements)
was adopted and the Chairman authorized to sign with the findings that
notwithstanding the possible irreversible effects which may result from
adoption of the Seismic Safety Element, the Safety Element, the Noise
Element and the Scenic Highways Element of the Butte County General plan
____ ..._ ae described is the environmental impact report prepared thereoat the
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March 15, 1977
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Board finds that adoption of the proposed Elements and the policies
contain®d therein will insure to the benefit of the public and protect
the public; this finding being based upon the findings found in all four
elements, the iaformatian presented at the hearings thereon before the
Planning Commission and Board of Supervisors, sad the research and studies
.oa which the four elements are based; with the i::cZusio: ci ~t,~•
77-5k0 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Lemke stated that Paradise Irrigation District had
written and asked that road construction in Paradise be held up until after
the water situation is better. QUse EearboaeRo~d project is ready to go Co
bid in 30 days. There is no change in the•grade. Public Works will work
with PID to find where the water pipes axe: Public Works is asking for
concurrence from the Soard. Supervisor Winston stated that Public Works
should talk to the PID people about this matter.
Supervisor Moseley stated that the Board should write a letter
concerning the medical problems with the illegal aliens.
On motion of Supervisor Moseley seconded by Supervisor Madigan
and unanimously carried, a letter was authorized to be written concerning
the ti:edi:edlcpfo~Y~hlatth~fil:l$~~1~~li~~pns,
Supervisor Madigan questioned when the report from the committee
would be {reabntedug.There was no definite time set.
Supervisor Lemke stated that in January two additional deputies
were approved for the Paradise Substation and they have not shown up yet.
There are two deputies oa the disability program and l~eve to be kept on
the payroll for one year. Supervisor Lemke would like this explained.
The Administrative Office is to bring back a report on the matter.
Supervisor Lemke questioned whether the letter had been
written to the top level officials te113ng them why the Board turned
down the $100,000.
Supervisor Madigan stated that the Board should answer the
letter from the Department of Water Resources concerning the water needs
for 1977 and 1978.
On motion of 5upervieor Madigan, seconded by Supervisor Lemke and
unanimously carried, a letter is authorized to be written for the Chairman's
signature th the Department of Water Resources telling them that we want to
continue the 758 feet of water, and also there should be a queatione~i raised
as to lossiag 107 of our water entitlement. We have paid for this water.
E7CECUTIVE SESSION: The Beard recessed at 3:05 p.m. to hold an executive session.
RECONVENE: The Board reconvened at 3:15 p.m. following an executive session
to diacuee~.litigation.
RECESS: The Board recessed at 3:16 p.m, to reconvene on Wednesday, March 16,
1977 at 9:00 a.m.
page 60.
March 15, 1977