HomeMy WebLinkAboutM040478Apri 14, 1978
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Lemke, Madigan, Mosely, Richter and Chairman Winston,
Ciif Mickelson, C9dhainistrotive Officer; Dan Blackstock, County Counsel; and
Clark A. Nelson, County Clerk by Margie Catt, Asst. Clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
Invocation by Supervisor Moseley
629 APPROVAL OF MINUTES
On motion of Supervisor Richter, seconded by Supervisor Lemke and
unanimously carried, the minutesciof March 28, 1978 were approved qs corrected
to state on Page 356, Item 78-623, that Donald Murphy, aitemate member, would
be allowed to vote at the meeting in the absence of the regular member.
•630 COMMUNICATIONS
Reclamation District No. 777. The District writes requesting that the Board levy a
special tax pursuant to the Water Code to raise sufficient funds for the
1978-79 fiscal year for budgeted maintenance and operation funds.
Referred to Auditor.
Mervyn Farnsworth, Chico. Mr. Farnsworth appeals the requirements of a building pe'mit
that requires the installation of curb, gutter and sidewalk for F~is: business on
property identified as AP 42-08-2$, located on the south side of Kennedy
Avenue, approximately 150 feet west of Highway 32, Chico. Clay Castleberry,
director of Public Works explained. Letter referred to Mr. Castleberry.
S. E. and Gertrude M. Stevenson, Oroville. The Stevensons appeal condition#5 of a
parcel map requiring the increase to minimum parcel size, AP f2-4-10-59,
two lots, between Larkin Road and Gridley Avenue, approximately 700 feet
north of Clardy Avenue, Gridley. Set for hearing on April25, 1978 at
9:45 a . m .
Paul J. Henry, attorney at law, Chico. The attorney, on behalf of Leona Bamacascel,
files a claim for personal injuries in the amount of $16,332 as the result of
injuries sustained in an accident at the intersection of East and Guynn Avenues
in Chico. See motion following communications.
City of Chico. The City writes concerning joint application with the County for
housing and community development activities in the Chapmantown area.
No action taken.
Clifford V, Bonham, Fresno. Mr. Bonham writes requesting that the county repay taxes
that have been paid on a nonexistent parcel between the periods from 1944
through 1978. Referred to the Assessor's Office.
California Highway Patrol, Oroville. The Department writes requesting rlBoatde `?~~.:•
support for the use of radar in traffic enforcement in problem areas of the
County, Supervisor Lemke suggested that with the rate of fatalities in the
County should take every means to contra( traffic. See motion following communication:
State Department of Food and Agriculture, The Department requests Board support of
urgency bill, AB2697, that would provide for continuation of bulk sales of
processed and unprocessed foods. See motion following communications.
Page 359a
Apri 14, 1978
-------------....____April 4J, 1978
State Department of Youth Authority. The Department writes advising that they
are presently accepting applications for funding of administrative expenses
for county delinquency prevention commissions upto the amount of $1,000;
Referred to Administrative Officer to check with the courts and to report back.
State Solid Waste Management Board. The Board forwards its resolution approving
the Butte County Solid Waste Management plan which also stipulates that
additional information is necessary within one year, Information.
California Regions! Water Quality Control Board. The Board writes concerning the need to
establish county septic tank maintenance districts to encompass all proposed
large subdivisions and existing unsewered areas. Howard Toussaint, sanitarian,
commented on this letter. Referred to Mr. Toussaint for study and to report
back to the Board .
Paradise Board of Realtors, Request the Board's consideration of adoption of Proclamation
proclaiming the week of April Ib through 22 as Private Property Week.
Referred to'Cferk for answering, setting-out the Board's policy in-this matter.
75-b31 REJECT CLAIM OF LEO NA BARNACASCEL
On motionoof Supervisor Madigan, seconded by Supervisor Richter and
unanimously carried; the claim of Leona Bamacascel in the amount of $16,332 as the result of
injuries sustained in an accident at the intersection of East and Guynn Avenues in Chico
was rejected and referred to insurance carrier,
78-b32 LETTER AUTHORIZED IN SUPPORT OF USE OF RADAR IN TRAFFIC ENFORCEMENT
IN PROBLEM AREAS OF THE COUNTY BY CALIFORNIA- HIGHWAY PATROL
On motion of Supervisor .Lemke, seconded y Supervisor Madigan and
carried, 'a .letter was authorized to be written to the County's Assemblymen Chappie
and Statham, Senator .Ray Johnson and to John Nedjedly in support of the letter by
the California Highway Patrol, Oroville, for the use of radar in traffic enforcement
specifically in the unincorporated residential areas of the County. AYES: Supervisors
Lemke, Madigan, Moseley-and Chairman Winston NOES: Supervisor Richter
78-633 LETTER AUTHORIZED IN SUPPORT OF AB 2597 THAT WOULD PROVIDE FOR
CONTINUATION OF BULK SALES OF PROCESSED AND UNPROCESSED FOODS
On motion of Supervisor Richter, seconded by Supervisor Moseley and
unanimously carried, a, letter was authorized to be written in support of urgency bill,
AB2597, that would provide for continuation of bulk sales of processed and unprocessed
foods, to be sent to the County's Assemblymen and Senator Ray Johnson.
78-634 DISCUSSION: LETTER FROM JOE BANDY, AG COMMISSIONER, RE REQUIREMENT
OF EIR WHEN.FARMERS APPLY FOR PERMITS FOR USE OF PESTICIDES
Supervisor Richter referred to a letter from Joe Bandy, Ag Commissioner,
addressed to all the farmers in the county that have taken out permits for the use of
pesticides. There is a situation that the Attorney General has ruled that an ElRwill
be required. on permits for the use of pesticides. It would take from 90 to 120-days to
have the EIR prepared. The only remedy is for the farmers to seek remedial exemption
from the. EIR. It was felt the Board should appoint a committee to meet with the farmers
and then hold a public meeting and set up strategy. This would take affect on Ju).y I, 1978
Chairman Winston appointed Supervisor Richter as a committee of one to
set up a meeting date with the farmers. The committee should work in conjunction with the
Counties of Colusa, Glenn and Yukio, They will discuss the strategy that they will take.
No further action taken. Page 360.
Apri 14, f 978
--------------April 4,_1978---------
78-635 APPROVE SUBMISSION OF HEAD START EXPANSION GRANT
Head Start has een asked to su mit a grant proposal for an expansion
program to serve 53 more children in Butte County at a proposed budget cost of
$93,969. An allocation of $12,164 has been stipulated for a cosfi of living increase for
Head. Start personnel retroactive to January I, 1978.. An allocation of $21,889 has
been stipulated for start~of cost for purchase of equipment and supplies. Razia Kahn
stated that the cost of living increase amount to about 5%. The Board stated they
would rely. on Mrs. Kahn's information that the increase in salaries would not amount
to more than the 5%.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, submission of Head Start expansion grant approved, Chairman
authorized to sign and sti,l;ation for a cost of living "increase approved.
78-636 APPROVE HOUSING PROGRAM GRANT SUBMISSION
A grant proposal has been prepared for an emergency energy conservation
program in the amount of $115,664.40 from the Community Services. Administration for
weatherization of 288 residences in Butte County.
On motion of Supervisor Richter, seconded'by Superva~r Moseley and
unanimously carried, Housing Program grant submission was. approved and the
Chairman was authorized to signo
78-637 APPROVE LETTER OF fNTENT: PILOT SENIOR SERVICE PROJECT
The Board of Directors of the-Butte County Council of Senior Citizens '
has requested the Board to file a letter ~f intent to sponsor a pilot multipurpose
senior service project to be filed with the Secretary of the Department of Health,
Education and Welfare o
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, letter of intent for the Pilot Senior Service- Project was approved
and the Chairman was authorized to sign.
78-638 DISCUSSION: REQUEST OF BOARD OF DIRECTORS OF BUTTE COUNTY COUNCIL
OF SENIOR CITIZENS THAT A PROCIDURE BE IMPLEMENTED RE SENIOR CITIZENS
The Board of Directors of the- Butte County Council of Senior Citizens request
thafi a procedure be implemented whereby all matters concerning senior citizens in
Butte County over which the Board of Supervisors has jurisdiction be channeled
through the Council #or better coordination of services. Request discussed. Chairman
Winston said the Board assumed that-the Executive Director would deliver the
procedure and fihatshe will report back after the Board of Directors take action.
78-639 DENY TRAVEL REQUEST
It is requested t at a member of the Board of Supervisors and a staff member
of the Butte County Rural Senior Services Project be authorized to travel to Sto Louis,
'Missouri to attend a meeting of the National Council of Aging on April 16-19,.19780
Supervisor Richter stated he had some concerns regarding this travel request. He felt
the County should attempt to secure a tape recording of the convention.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, the travel request was denied.
Page 361.
Apri 14, 1978
______________ Apri14~ 1978 ~____~._____
78-640 APPROVE REVISION TO SENIOR CITIZENS CONTRACT TOi'P.130'VIDE FOR AUDIT
.Discussed that the Design on Aging should a top Assessment Priority. The
'top assessment priority should be for the elderly. The Board should also approve
revision to the Senior Citizens contract. The Fourth Paragraph, Clause 24, should
be .amended to provide, for the State to provide for the audit of the funds. The Board
designated "Aging"as the top assessment priority.
On motion of Supervisor Richter, seconded by Supervisor Lemke and
unanimously carried, revision to the Senior Citizens Controct to provide for the State
to provide the audit of funds was approved, which would revise Clause 24 of the
contractq which would provide that the 5tdte Department of Finance would perform
the required audit on the Contract.
78-641 DISCUSSION WITH GR~£#)LEY LIBRARY COMMITTEE CONCERNING LIBRARY SITE
RECOMMENDATIONS: RECOMMENDATION ACCEPTED
Mrs. Avis Cowan, C airman of the Li rary Advisory Committees filed a
copy of the resolution adopted by the .Gridley City Council at their meeting last
evening. Available sites set out. This committee was formed by members of all the
Service Clubs and organizations in Gridley.. The recommendation by this advisory
committee sets out the available sites and the footage of the parcel that would be
required for the buildings A study of the Butte County Annual Report of the use
of the County Libraries shows that there is an above average use of-the Gridley
library. Mrs. Cowan presented the developed criteria for the location. The
Committee recommended. that the site be considered and that a architect be found
to be hired as saomn as possible to study-.the sites and the proposed building.
Building and parking area set out and discussed, They requested that the Board
appoint an architect who is experiencesd~ith library buildings, They request that
the Board enter into negotiations for the sitecarid to officially accept this group
as a library~committee
Mrs. Nora Wiley, member of the committee, explained the sites
that would be considered, setting out the location of each sited The committee
requests that the Board approve the recom~tarendations of the committee,
On motion of Supervisor Moseley, seconded by Supervisor Richter and
unanimously carried, the Board accepted the recommendations set out in the resolution
filed by the City of Gridley Council and approved the priority list filed by the
committee regarding the proposed sites .for the Gridley County library building.
Chairman Winston thanked Mrs. Cowan and Mrs. Wiley for their
presentation,
78-642 CONTINUED HEARING-ERROL HALL: RECONSIDERATION TENTATIVE PARCEL
MAP,.FOUR-LOTS, AP 42-09-06, NORTH SIDE OF HIGHWAY 32, BETWEEN MUIR
AND KENNEDYAVENUES, CHICO: CONTINUED TO AUGUST I, 1978
The continued hearing of the Errol Ha I reconsideration of tentative parcel
map, four lots, AP 42-09-06, North side of Wighway 32, between Muir and
Kennedy Avenues, Chico, held at this~timeo Jim Lawson, Planning Director, suggested.
that the Board continue this hearing to the first meeting in August.
Hearing opened to the public, Appearing: no one.
Hearing continued to August I, 1978 at 9:45 aom.
~~u~~~~n~::~. Page 362. _
Apri 1 4, .1978
Apri 1 4, 1978
78-64.3.. APP.ROPE.CETA.VO.CATIO.N E.D.UCATIONPROGRAM MODIFICATION AND
CETA PREAPPCICATION FISCAL YEAR 1979
A modification to the non-financial agreement between the County of
Butte and the State Department of Education to provide for vocational education
services within the county has been prepared and recommended for approval by
CETAC at their March 15, 1978 meeting, The modification incorporates $18,447 in fiscal
year 1977 funds into the fiscal year 1978 program to be spent an a first in-first
out basis.
U. S. Department of Labor has notified the County of Butte that pre-
application for participation in the fiscal year I-979 CETA programs are due in the
regional office by April 7, 1978., The preapplication is an indication by the Boa rd
of intent to continue its prime sponsorship and apply for fiscal year 1979 CETA funds
when allocations an: made knowno
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously car°ried, the following action was taken:
I, Approved the modification to CETA Vocation Education Program
as recommended by CETAC and authorized the Director to sign.
2. Approved the CETA preapplication for participation in the fiscal
year 1979 CETA programs and authorized the Director to sign.
78-644 APPROVE ADVANCE STEP HIRING OF DEPUTY COUNTY COUNSEL
The recruitement for the trial attorney in County Couns~e 's Office has
concluded. County Counsel has selected an experienced trial attorney willing
to accept the position at the "E"step of the pay range.
On motion of Supervisor Richter, seconded by Supervisor Lemke and
unanimously carried, appointment of the Deputy County Counsel IV at the "E"
step of the pay range was authorized.
78-645 APPROVE DISTRICT ALLOCATION PROGRAM-FEATHER FALLS VOLUNTEERS
A contract has been prepared with the Feather Falls" Volunteers in an
amount not to exceed $2,000 as part of the District I Revenue Sharing Allocation
Program .
On motion of Supervisor Madigan,.seconded by Supervisor Lemke and
unanimously carried, the District Allocation Program-Feather Falls Volunteers contract
was approved. and the Chairman authorized to sign.
78-646 APPROVE EGG AND POULTRY QUALITY CONTROL CONTRACT
An amendment has been prepared to the contract with gate
Department of Food and Agriculture for egg and poultry quality control services
provided by the County which would increase revenue from $945 to $1,092. Term
of the contract would be through June 30, 1979..
On motion of Supervisor Richter, seconded by Supervisor Moseley and
unanimously carried, the egg and poultry quality control contract amendment was
approved and the,_Chairman authorized to sign.
Page 363.
Apri 14, 1978
Apri 14, 1978
-----------=-----------------------------
78-647 BUDGET TRANSFERS APPROVED
On motion of Supervisor Lemke, seconded by Supervisor .Richter and
unanimously carried, the following budget transfers were approved:
B-150 District Attorney -Consumer Protection Unit, This is a
$1,465.85 transfer between various accounts transferring appropriations within the
Consumer Protection Unit budget grant which ended November 30, 1977 to cover
program deficiencies and is within the grant guidelines of the office of Criminal
Justice Planning. _
B-151 Supplemental Manpower Program. Within the CETA Title I Program
transfers $30,306 from extra help within the youth program, $84,734 from extra help
and $8,069 from employee benefits within the adult program; with $118,343 going to
professional and specialized services in administration, $740 to employee benefits
in the youth program., and $4,026 to the County of Butte in public serkkice employment,
Within CETA Title VI public service projects transfers $75 from office expense to
equipment. Within CETA Title 11 public service employment transfers $47 from
manpower services and $107 from administration to transfer appropriations from
federal fiscal year 1978 to 1977 accounts to cover additional expenditures. Within
CETA Title VI public service employment transfers $74.72 from City of Oroville
and $932.82 from Chico Unified School District in transferring appropriations from
the 1978 fiscal year to 1977 accounts to cover additional expenditures in the grant
year.
B-152 Federal Revenue Sharing -District Allocation Program. Within the
District I allocations transfers $2,800 from equipment for Golden Feather Fire
District to special departmental expense. Transfers $2,000 from unallocated
appropriations, with $1,000 going fo District 2 and $1,000 to district 3 to reflect
the total of $123,000 for each of these district allocations, Within the District 4
allocation transfers $2,600 from the unexpended Gridley Volunteer Fire Company
appropriation to unallocated appropriation and also transfers $5,000 from°the
Thermalito.Senior Citizens and $3,000 from Wyandotte Community Club, with
$6,000 going to the Richvale Volunteer Fire Department and $2,000 to Kelly
Ridge Volunteer Fire Department in accordance with Board of Supervisors approval
on March 21, 1978,
B-153 Superintendent of Schools. Transfers $1,200 from other transportation.
and travel'to office expense to cover current and projected deficiencies,
B-154 Fire Protection -Volunteers, Transfers $500 from special departmental
expense to mainfenance of equipment -radios to cover a deficit caused by
unanticipated prior year costs.
B-155 Federal Revenue Sharing -Plant Acquisitiono Transfers $l08,02i.91
from Chico Librory appropriation, with $51 going toward contract payments and $1,557
to architects and engineering expenses for the' Upper Ridge Fire Station; $15,652.60 to
improvements of structures at the Paradise County Building addition; and $90,761.31
to structures and improvements for the County Administration Building.
Page 364.
Apri 14, 1978
_A,.pri 14~ 1978 _ _ _ _
78-648 PUBLIC HEARING SET: 1979 PREAPPLICATION, HOUSING & COMMUNITY DEV.
A pu is Baring was set for Apri 8, .978 at 9:30 a.m. forte 979
Housing and Community Development preapplication.
78-649 HEARING SET FOR APRIL 25, 1978: VARIANCE APPLICATION-CHARLES PHILLIPS
A public hepring was set for April 25, f978 at 10:00 a.m. on the
Charles. W, Phillips application for a variance to Section 19-10 and/or 19-12 of the
Butte County Code for placement of a mobile home at P.O. Box 65, Bangor, AP 28-13-24
Zoning A-5.
78-650 APPROVE RENEWAL OF VARIANCE:-EDGAR NORWOOD
On motion'of Supervisor Lemke, seconded E?y Supervisor Moseley and
unanimously carried, 'the Board approved the variance renewal for Edgar Norwood,
to section 19-10 and/or 19-12 of the Butte County Code for placement of a mobile
home at AP 28-13-24, Bangor.(P.O, .Box 65, Bangor). Zoning-A-5.
78-651. APPROVED NORTH CHICO AREA SEWER STUDY AGREEMENT
A cooperative agreement has, been prepared with the City of Chico-for
the waste water master plan and water pollution control plant capacity study
in an amount not to exceed $20,000.-
On motion of Supervisor Moseley, seconded by Supervisor Lemke and
unanimously carried, the North Chico area sewer study agn?ement was approved
and the Chairman authorized to signs
78-~a2. REQUEST FOR PENALTY RELIEF: MOTION WITHDRAWN
A request for penalty relief has been received from Norman A. Stoner
for AP 39-08-06. Recommendation of Carl Morton, Treasurer -Tax Collector
discussedo
It was moved by Supervisor Lemke and seconded by Supervisor Moseley
that the relief of the penalty in the amount of $22.60, accruing an Parcel AP 39-08-06
was authorized if the. policy governing these cpeng~aes is changed to include that
the delinquency was due to a reasonable cause, was due to circumstances beyond.
his control, occurred notwithstanding the exercise of ordinary care and was not
caused by willful meglect~add to include in-the 'statement that the delinquency
was incurred by a reasonable cause and not caused by a reasonable neglect.
Policy discussed. Board requested .that Mr. Norton appear to discuss
this matter.
Motion withdrawn until such time as Mr, Morton appears before the
Board to discuss this matter.
78-653 WAIVE SECOND READING OF ORDINANCE ESTABLISHING. SPEED LIMIT ON
JUSTESON ROAD & LA PO RTE ROAD:~ADOPT ORDINANCE 1911
On motion of Supervisor Lemke, seconded by Supervisor Richter and
unanimously carried, the second reading of the ordinance establishing speed limits
on Justeson Road and iaPorte Road was waived, Ordinance,1911 was adapted
and the Chairman was authorized to sign.
Page 365,
April 4, 1978
--------------Apri14~ 1978--------
7$-654-.APP-ROV-E PLAN5.& SPECS, PAVING OF PATHWAYS ON ELLIOTT ROAD
(58431-78-2)
On motion of Supervisor Lemke, seconded by Supervisor Moseley.and
unanimously carried, plans and specifications for paving of pathways on Elliott
Road (58431-78-2) was approved; wage scale adopted and. Public Worhs was
authorized to go to bid, at a time designated. by the Director of Public Workso
78-655 APPROVE AGREEMENT FOR SALE, SKYWAY 51261-77~-I AND ADOPT
RESOLUTION 78-75 AMENDING COOPERATIVE AGREEMENT BETWEEN CHICO
AND COUNTY RE DAYTON ROAD RELOCATION
On motion of Supervisor Madigan,. seconded by Supervisor Lemke and
uranimously.carried, the following action was taken:
I. Approved following agreement for male, author'ized.,Chairman to
sign and authorized Auditor to issue warrant upon demand of county's escrow agent:
C, Lepper et ux 0.148 acre $1,612.00
2, Adopted Resolution 78-75 amending cooperative agreement between
Chico and county re 'Dayton Road reloteation and authorized Chairman to sign.
78-656 APPROVE ADDITIONAL NOMINATION FOR 58325 PROJECTS: APPROVE
NOTICE OF COMPLETION, BOX CULVERT [EXTENSION ON SKYWAY &
ACCEPTED IMPROVEMENTS FOR FOOTHILL ACRES
On. motion of Supervisor Lemke, seconded by Supervisor Richter.and
unanimously carried; the following action was taken:
I. Approved addition of bicycle ways for Chico area to list of
56325 project nominations previously approved by Board.
2. Accepted the work of Jerome Bohlander for the box culvert extension on
Skyway, Project 51261-76-4, authorized Chairman to sign the Notice of Completion
and instructed the Clerk to record said Notice of Completion with the County
Recordero
3. Accepted-the improvements of Foothill Acres Subdivision, with the
exception of street lighting and a maintenance bond is on file; to commence-for
a one year period of time,
78-657 PUBLIC HEARING: E. M. & CATHARINE BURGESS-APPROVED NEGATIVE
DECLARATION & REZONE FROM "A-2"(GENERAL) TO '~C-2" : LOCATED ON
E/S OF SKYWAY, NORTH OF PENTZ-MAGALIA HIGHWAY, PARADISE; ORD. 1912
The public hearing on the E. M. and Catharine Burgess approved
negative declaration and rezone from "A-2"(general) to "c-2"(general commercial)
for property located on the east side of Skyway approximately 1/2 mile
north of Pentz-Magalia Highway; identified as a_portion of AP bb-47-15 & 16,
containing five acres, more or less, Paradise was held as advertised. Chairman
Winston stated that the negative declaration has been approved by the Board at a
previous hearing. The hearing today is on the rezone only.. Jim Lawson, Planning
Director, stated that this 'rezone complies with the amendment; it is a logical request.
Page 366.
Apri 1 4, 1978
_---__.____-- Aril 4L1978
Hearing opened to the public. Appearing: na one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by SupervisorR'ichter and
unanimously carried, the Board upheld the Planning Commission's recommendation and
finding and approved the rezone from "A-2" (general) to `~C-2" (general commercial)
for property located on the east side of Skyway approximately I/2 mile north of
Pentz-Magalia Highway, identified as a portion of AP 66-4~7-I5 & Ib,
containing five acres, more or less, Paradise, with the finding that according to
the amendment to the General Plan, that when the parcel is surrounded by this
type use, then th~,,~ type zone. can be adopted; Ordinance 1912 was a~pted and
the Chairman was authorized to sign.
78-658-SUPPORT DIRE.CTOR.OF RUBLIC WO RKS RECOMMENDATIONS AND APPROVE
PONDEROSA WAY IMPROVEMENTS
Clay Castleberry, Director of Public Works, reported that the property
owners are proposing to improve Ponderosa Way (Oro-Quincy Highway easterly
to RQCkerfeller Road) to meet the minimum requirements to be deemed approved
access and provide 60 foot right of wdy, Mr. Castleberry said the property owners
wanted to know that if they acquire the. necessary right of way; improve the road up
to County standards and-form an assessment district, would the County, approve this
as an improved access; They would tike some assurance from the County so
that development along that area would be'approved. Approval of this proposal
was recommended by Mr. Castleberry.
Supervisor Richter pointed out that such a policy is in direct
conflict with the Governor's strategy. The Board could not approve Mro Castleberry's
recommendation if they intend to adopt the Governors strategy,
On motion of Supervisor Richter, seconded by Supervisor Lemke and
unanimously carried, the Board s~ipported Mr, Castleberry's recommendation and
approved Ponderosa Way improvements between Rockerfeller Road and Oro-Quincy
Highway and will consider said road as an :gpla~,~, access, providing property
owners acquire .the necessary right-of-way, improve said road and form the
district as set out above.
78-559-AUTHORIZE .RELEASE OF PARCEL MAP GUARANTEES WHEN IMPROVEMENTS HAV
HAVE BEEN COMPLETED
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, Public Works Director was authorized to release parcel
map guarantees when the improvements have been completed.
_. ...._
78-660 INFORMATION fTEM: GRIDLEY TRANSFER STATION LEASE
Mr.: Cast a erry reported that the City of Grid ey, viould like to
lease the County's transfer station in Gridley. Mr. Castleberry and County Counsel
will work with the City of Gridley in this; matter,
78-661. REPORT ON.BID RESULTS: LAKE MADRONE WATER DISTRICT EMERGENCY
SPILLWAY FACILITIES
Pau Minasian, attorney at law, representing the Lake Madrone Water
District, reported on the three bids received for the emergency spillway facilities.
Page 367.
Apri 14, 1978
....~____...~__W____W_~p_ri1.4,_I978 __________ _
_ ~ Mr. Minasian reported that the low bid is within the estimated price range,
On motion of Supervisor Richter, seconded by Supervisor Lemke and
unanimously carried, the Board indicated that it was their intent to pay for
this aspect of the construction, subject to approval. of the agreement next week,
for the Lake Madrone Water District emergency spillway facilities, at a
cost of $15,047.
RECESS: f0a3
RECONVENED: 10:20
78-6~2. P-UBLIC.-HEARING:. PAUL & EVELYN SMITH: APPEAL.OF CONDITION
ON PARCEL MAP, AP 4b-08-4f, NORTH SIDE OF ESTATES WAY, CHICO
The public hearing on the. Paul and Evelyn Smith appeal of
Condition I on parcel map, AP 46-08-41, norfh side of Estates Way, east of
Earl Avenue, Chico, was held at this time. The proposal is to divide an
existing parcel into two-parcels. The applicant is appealing the sidewalk
requirement. There are no sidewalks in that area.
Hearing opened to thepubfic. Appearing:
Mrs. Evelyn Smith. She stated that the street is a cul-de-sac.
A school is at the.end of the cul-de-sac. The neighbors in general do not want
sidewalks; there will be curbs and guttersa
Hearing closed to the public and confined to the Boardo Supervisor
Lemke brought up the matter of mail delivery. Mr, Castleberry stated that this
problem of mail delivery is solved in the Chi co area.
On motion of Supervisor Madigan, seconded by Supervisor Richter
and unanimously carried, the Board upheld the appeal of Paul and Evelyn Smith;
the requirement for the sidewalks was waived.
78-663 REJECT CLAIM OF FRED SPITLER
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the claim of Fred .Spitler in the amount of $25,000
was rejected and referred to the County's insurance carrier,
78-664 WAIVE FIRST READING OF AMENDMENTS TO SUBDIVISION ORDINANCE
Dan. Blackstock, County Counsel, reported on the amendments to the
subdivision ordinance, He explained the changes to the ordinance. Amendments
discussed, It was felt the changes were good; they are attempting to deal with
present difficulties.
On motion of Supervisor Lemke, seconded by Supervisor Richter and
unanimously carried, the first reading of the amendments to subdivision ordinance
was waived.
78-665..ADOPT,ORDINANCE..IRI3.EME.RGENCY-..ORDINANCE INCREASING THE
TIME FOR REMOVAL OF A MOBILE HOME- TO 120 DAYS
On motion of ~S,uiae;~wsor Moseley, seconded by Supervisor Lemke and
Page 368, April 4, 1978
April 4, 1978
unanimously carried,. Ori~inance 1913 an emergency ordinance increasing the time for
re moval of a mobile home to 120 days-variance to Section 19-10 and/or 19-12 of the
Butte County Code was adopted and the Chairman authorized to sign.
ibb PUBLIC HEARING: WALLY HUTTON, DBA REDWOOD HEALTH CLUB, APPEAL OF
CONDITION 4 OF NEGATIVE DECLARATION & USE PERMIT TO ALLOW A HEALTH CLUB ON
PRO PERTYZONED "A-2 LIMITED"LOCATED.ON EAST SIDE OF PENTZ MAGALIA HIGHWAY,
PARADISE (Continued from March 21, 1978 for re ort from Board of Zoning Adjustment)
T e public hearing on the Wa y Hutton, d a Redwood Hea th C ub, appeal of
condition 4 of negative declaration and use permit. to allow a health club on property zoned
"A-2 fimified"located on the east side of Pentz Magalia Highway, approximately 650 feet
south of Dean Road, identified as AP 50-22-125, Paradise was held as continued from the
March 2I, 1978 meeting for a report from the Board of Zoining Adjustment. Chairman
Winston read the memo which states that only the developed area had to be landscaped.
Hearing opened to the public. Appearing:
I.. Rod Bristow, one of the partners. He stated that the club was called
"Sport Haven "rather than "Redwood Health Club ",
Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
unanimously carried, the Board upheld the Board of Zoning's recommendation, and
stated that only the perrimeter of the developed-area needed to be landscaped, with the
findings that the proposed uses will not impair the integrity of the area and will not be
injurious to the General Health and Welfare Hof-the areas approved the use permit subject
to the conditions.
S67 WAIVE SECOND READING OF ORDINANCE ADDING CHAPTER 32 TO COUNTY CODE:
ADOPT ORDINANCE 1914
Proposed ordinance adding Chapter 32 to County Code discussed. Enforceability
of fihe nuisance ordinance explained by Dan Blackstock, County Counsel, It was stated that
the County should not allow property owners to have junk placed on their property within
the view of the public.' Matter of what creates a nuisance set out and discussed.
Supervisor Moseley stated she would have to vote against this ordinance as
she feels that it would create the problem of having to have more staff to enforce the
ordinance,
Appearing: Mr. John Fry, 1243 Oro Dam Blvd., West, Oroville. Et was
his feeling that it would be up to the Health Department to determine what is a nuisances
He set out the example of the property owner that resides next to his property. He has a
small lot and has placed at least 150 tons of junk on the property; there is a pile of scrap
lumber, old auto. bodies, trailers, motorcycles, boxes of spray paint, etc. He feels that
this would constitute a nuisance, also a fire hazard to the neighborhood. Supervisor
Richter felt that this proposed ordinance would be able to handle this problem.'
On motion of Supervisor Richter, seconded by Supervisor Lemke, and .unanimously
carried, the second reading of the Ordinance adding Chapter 32 to the Butte County Code
(nuisance ordinance) wes waived.
Page 369.
Apri ] 4, 1978
--_____-___= Air'l~~197~________________--___
On motion of Supervisor Richter, seconded. by Supervisor Lemke-and carried,
)rdinance 1914 adding Chapter 32 to the Butte County Code was adopted and the Chairman
ias authorized'to sign.
AYES: Supervisors Lemke, Madigan, Richter and Chairman Winston
DOES: Supervisor Moseley.
78-668 WAIVE FIRST READING OF ORDINANCE IMPLEMENTING GOVERNMENT CODE
SECTION 2747) (EMBALMING FEES)
Dan B ackstock,'County Counsel, explained the ordinance implementing Government
Code Section 27471 (embalming fees), This ordinance will set the fees that the coroner will
charge, Supervisor Richter stated he had received numerous calls on this, He felt that it would
appropriate to hear from the citizens that are present at this time.
Appearing:
1. Orrin B, Stratton, Chico, President of Butte County Taxpayers Association,
Iro Stratton said his knowledge of this matter is limited but he is concerned that the fees
fight be a doubling of the cost. He would like the board to explaine the thinking on this
'dinance, < Fees discussed.
Chairman Winston said there had been a presentation made by the morticians.
.re has been new legislation governing the disposition of the body regarding embalming,
e morticians will have to provide refrigeration to hold the body, r°Chairman Winston
d Mr, Stratton that the County would provide Mro Stratton with the backup material in
s matter.
Supervisor Richter said he is convinced that the increase in costs would be more
n the $60,000 approved last week; it would be more Like $80,000. Concerns of Supervisor
titer set out. He finds it difficult to believe that the morticians that receive the $125 from
County would then deduct this from the funeral costs. Supervisor Richter now feels that
acted hastily last week.
Supervisors Lemke and Richter were appointed to meet with Mro Mickelson and
tF~e morticians to further discuss this matter prior to the second reading of the ordinance.
Supervisor Richter felt the meeting would be more fn.iitful if the Board rescinded their action
of last week. Chairman Winston said these people do have a problem and he felt the
Board should listen to them. They should not be asked to provide free services to the County.
They should be given the opportunity to discuss this further with the Board members.
It was moved by Supervisor Richter, seconded by Supervisor Moseley and unanimously
led that the first reading of the ordinance implementing Government Code Section 27471 (embalming
be waived.
It was moved by Supervisor Richter and seconded by Supervisor Moseley that the
Bo~rd rescind their action taken„last week in which they agreed to the fee schedule allocating
th fees to county morticians and that the matter be reconsidered after the meeting with the
morticians.
AYES: Supervisors Moseley and Richter
NQES: Supervisor Lemke, Madigan and Chairman Winston
MOTION FAILS.
Page 370,
Apri 1 4, 1978
_______________ April4~1978___
Mr. Bieackstock said this ordinance is not designed to implement what was
discussed last weeko This ordinance provides that where the coroner has had the body
embalmed, then the mortician could collect for this service.
78=669 APPEARANCE: STAN"FORTIER, DURHAM
Stan Fortier, Durham orchardist, stated he had a letter from the Agriculture
Office relating fo the pesticide users permit holders, It states that an EIR-must be prepared
prior to the use of the pesticides. Letter read,
Mr. Fortier fee;l`~that this matter should be taken care of by the Agricultural
ommissioner and the Board of Supervisors. The Board told Mro Fortier that this matter
ad been discussed earlier in the meeting. A meeting is to be arranged among the interested
ormers and the other Counties, It will be discussed at tomorrow morning's meeting with the
ce growers in Richvale. This meeting tomorrow was called by the rice growers in Richvaleo
pis requirement for an ElRprior to the use of pesticides affects all segments of the
~riculture community. All segments of the agriculture community should be at the
eeting to beset to discuss this. matter,
Chairman Winston told Mr. Fortier he would be notified of the meeting to
set. Notices will be sent out to the interested"farmerso
78- 70 APPEARANCE: HARRY M. MARSH, ATTORNEY AT L~U"AW, SERVICE.OF LA.W.SULT..._...:_
FILED BY BUTTE COUNTY EMPLOYEES'ASSOCIATION VS LAWRENCE & BUTTE COUNTY
Harry 'M, rsh, attorney at aw, representing Butte County Emp oyees' Association,
served the Board in the matter of the Employees' Association vs County of Butte, William
Lawrence, County Auditor, and otherso Purpose of the law suit set out; it relates to the
validity of fhe memo from Mr. Lawrence to the' Assistant Auditor, Jim Johanson. The
Board of Supervisors is named as a defendant in the law suit. The. judgment would be against
i he Auditor,
Jim Cook, Executive Director of BCEA, read a press release at this time.
stated that BCEA is not placing itself into the politics of this matter; they intend to
c remedy through the Courts, Supervisor Richter stated that the Board should feel
unate that they took the action they took several weeks ago.
APPEARANCE: MR. ALAN DALE, PARADISE TAXI
Mr. Alan Dale, Paradise, stated he had made a statement last week about
quality of service that the Paradise Expresss was giving. He talked with County
Ansel about some of the points of the contracto After the first 12 weeks of service,
operation should be reviewed. He asked when the hearing would be held on this matter.
Supervisor Lemke gave an oral report on this operation o Mr. Dale had made
number of charges against this operationo The length of the contract was brought to
ipervisor Lemke's attention. The contract for this service dies in June. The contract
ill #hen have to go out to bid. All interested parties will be allowed to bid on this
rvi ce ,
Clay Castleberry, Director of Public Works, said there was a difference of
union about the quality of service given by the Paradise Express. It was suggested that
e Board authorize Mr, Castleberry to go out to:bid to provide the services. They should
d on a per ride cost; suggested that maybe should expand to have services provided on
iturday, also. Mro Castleberry felt they had a good system working in Paradise today.
ro Castleberry was authorized to go out to bid. _
Page 371.
Apri 14, 1978
__ gpri1411978 ____
672 APPROVE. REQUEST FOR PENALTY RELIEF
Carl Morton, County Tax Collector and Treasurer,. was present at this time
to discuss the. matter of penalty reliefo Policy relating to the forgiveness of penalties
discussed. At the present time, unless there was fault by the County, there would be
no forgiveness of the penalty. If the penalty was caused by reasonable cause, the
penalty could be forgiven. Mr. Morton 'said the only thing he requested was that the Board
be consistent. If the Board is going to create another policy, they 'should be consistent,
It was felt that the paragraph on the present form should be removed from the form,
On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously
carried, the. policy on forgiveness on penalty relief+..=ryas amended to show that if•~there was a
reasonable cause and it was beyond the taxpayers control,- then forgiveness of the delinquency
would be approved; this should be included in the second paragraph of the present form.
On motion of Supervisor Lemke, seconded by Supervisor Richfer and
unanimously carried, penalty relief was granted~to Norman Stoner, AP 39-08-06,
in the amount of $22.60.
~73.APPOINTMENTS TO CITIZENS ADVISORY TASK FORCE FOR BUTTE COUNTY GENERAL
PLAN HOUSING ELEMENT UPDATE
Appointments to the Citizens Advisory Task Force for the Butte County General
Plan Housing" Element Update was put over one week,
674 APPOINTMENT TO COUNTY EMPLOYMENT TRAINING ADVISORY COUNCIL (CETAC)
Appointment to the .County Employment Training Advisory Council CETAC) was
put over one week..
675 RESIGNATION FROM HOUSING AND COMMUNITY DEVELOPMENT ADVISORY COMMITTEI
The resignation from Housing and Community Deve opment Advisory Committee
will be hosted by Clif Mickelson, Administrative Officer. Edna Stump and Mary Watters
have resigned from this committee.
~b76 APPROVE'DISTRICT 4 REVENUE SHARING AMENDMENT
Ori motion of. Supervisor Lemke, seconded by Supervisor Moseley and unanimously
carried, the Board approved the request for .$500 to be made available to construct a'
school bus stop, District 4 Revenue Sharing, and that the project be approved subject to
the neighborhood providing the necessary right of way for the stop.
677 DISCUSSION OF AGRICULTURAL (ADVISORY COMMISSION RECOMMENDATIONS
CONCERNING ADMINISTRATION OF. LAND CONSERVATION ACT PROGRAM, ETC.
Dism~siomhnd~gri<_the Agricultural Advisory Commission recommendations concerning
administration of the Lbnd Conservation Act Program, additional membership of the Land
Conservation Program, and 160 acre (imitptiono Mr. Bandy, Ag Commissioner, felt that
the Land Conservation Act should 6e placed in the Planning Department rather than in the
Ag Commissioner's Office. Planning Department has the information data that needs to be
researched; parcel. descriptions are often wrong and sometimes the zoning problem arises.
He staiied that Bob Bains, deputy county counsel, was preparing a recommendation for the .
Board : .
Jim .Lawson, Planning Direcl~or, stated he has discussed this act with the Ag
Commissioner. There is a strong tie with the land use and the planning aspect.
On motion of Supervisor Richter,-seconded by Supervisor Lemke and. unanimously
Page 372.
" ~ Apri 14, 1978
-------------------April 4,_1978------------------
--------------------------------------------
carried, the Board adopted the position that the Land Conservation Act program should
be shifted from the Agricultural Department to the Planning Department. _
•678 DISCUSSION OF THE GOVERNOR'S URCBAN STRATEGY FOR C~~,L1FA'.I~N-iA
(FROM 3/7/78}
ovemor's urban strategy for California discussed, Supervisor Lemke
commented on the Governor's urban strategy; he felt the Governor should have both
an urban and rural strategy. This present strategy is geared to urban areas but will
be hoved down the throat of the rural counties. He stated that nothing was done
about excluding cogs; Council of Government is the cog. A cog is a regional council
of government,
Supervisor Richter said he does not know the answers to the questions on
planning; he did not think the Governor knew the answers. Strategy would prevent
people from going to. the foothills, building a house arrd having animals. He did not
think the County should allow this to happen.
It was suggested that the Board formulate a fetter to the County's legislators
to urge caution in consideration of-this report as it applies to the rural counties.
Mr, Mickelson will draft a letter expressing the Board's concern,
i79-ADMINISTRATIVE OFFICER TO PREPARE ARGUMENT IN FAVOR OF COMBINATION
OF RECORDERS OFFICE WITH COUNTY CLERK'S OFFICE
It was stated that this was the last day for the Board to adopt an argument
in favor of the combination of the Recorders Office with the County Clerk's Office , .
which will be voted on at the June Primary Election.
!t was moved by Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, that Administrative Officer be authorized to prepare a written
argument in favor of the consolidation of the Recorder's Office with the Clerk's Office,
which will be voted upon at the June Primary Election,
-680 PUBLIC HEARING-HOUSING AND COMMUNITY DEVELOPMENT 1979 PREAPPLICATION
T e pu is hearing on the Housing and Community Deve opment 979
preapplication held as advertised. Larry Brooks, administrative ana=ljsts, set out the
background,
public.
Hearing opened to the public, Appearing: no one, Hearing closed to the
The Advisory Committee will hold a joint meeting an April 12th to discuss
Chapmantown. A written recommendation will be given to the Board.
No action taken at this time,
RECESS: The Board recessed at 11:48 to go into an Executive Session.
RECONVENED: The Board reconvened at 11:54 following an executive session,
Chairman Winston reported that possible litigation was discussed but
no action was taken.
Page 373.
Apri 14, 1978
Apri 14, 1978
ADJOURNMENT:
There being nothing further before the Board at i ime t ee ng was
adjourrsed at 11:55 a.m. to reconvene on Tues~fay, April I , I 8 a 9• .m
ATTEST: CLARK A. NELSON, COUNTY CLE
By: Chairm the Bo
Assto C erk o he Board.
Page 374.
April 4, 1978