HomeMy WebLinkAboutM042578April 25, 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, Moseley, Richter and Chairman Winston.
Clif Nickelson, administrative officer; Dan Blackstock, county counsel; and
Clark A. Nelson, county clerk by Cathy Pitts, deputy clerk.
Pledge of Allegiance to the Flag of the United States of America.
Invocation By Supervisor Moseley
78-777 APPROVAL OF MINUTES
On motion of Supervisor Moseley, seconded by Supervisor Richter
and unanimously carried, the minutes of April 18, 1978 were approved as
mailed with the change to Minute Order 78-735 to reflect that a hearing
was set for June 20, 1978 at 9:45 a.m. instead of June 13, 1978 at 9:45 a.m.
78-778 COMMUNICATIONS
Chico Housing Improvement Program. The CHIP Board of Directors write
concerning the placement of CETA jobs with nonprofit organizationso
/O 3• S ~ Referred to Personnel and CETAC Council.
American Association of Retired Persons, Inc., Butte Gounty Chapter No. 241.
The Association writes concerning Che proposed resolution regarding
the development standards in the Paradise area. Supervisor Lemke
//~~•~~ to prepare a press release on the meeting held in Paradise on
TT this matter.
Upper Ridge Coordinating Council. The Council writes concerning the
illegal placement of commercial signs along the Skyway on the
upper ridge. Chairman Winston to contact Mr. Fergeson and
f/ 3.O'p advise him that he has the backing of the board on this matter.
Mike D. Swigart, Chico. Mr. Swigart writes concerning the Southern
Pacific Railroad crossings west of Chico. Chairman Winston to
answer letter. Copy to be sent to Clay Castleberry, public works.
4ia, as
State Energy Commission. The Commission writes concerning Butte County`s
work plan and reimbursement program in reviewing the PGandE
Notice of Intention. Referred to the Board/sta€f committee
O'7i .3 meeting to be held at 1:30 p.m. this afternoon.
Brian L. Rix, Attorney at Law. The attorney, on behalf of Glikman,
Crumpler & Riley writes asking that an interim C-2 zoning
be placed on the remaining parcel, AP 50-19-48, that is
zoned A-2 ltd on the southeast corner of the intersection of
/13•~ D Clark Road and Wagstaff Road in Paradise. See discussion
following communications.
78-779 ASK PLANNING OOMMISSION TO CONSTDER HOLDING HEARINGS ON AN AMENDMENT
TO THE R-4 ZONING TD ALLOW DIRECTTON AND LOCATIONAL SIGNS WITH A USE PERMIT
On motfan of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the Planning Commission was asked to consider holding
public hearings on an amendment to the R-4 zoning to allow direction and
iocatianal signs with a use';:permit.
7$-780 DISCUSSION: REQUEST FOR INTERIM ZONING FROM A-2 LTD TO C-2 ON THE
SOUTHEAST CORNER -OF THE INTERSECTION OF CLARK ROAD AND WAGSTAFF ROAD IN
PARADISE, Ap 50-19-48
Discussion of the request of Brian L. Rix for interim zoning
from A-2 Ltd to C-2 on the southeast corner of the intersection of Clark
Page 400..
April 25, 1978
April 25, 1978
~ a 3 a=_-~~~~~~ s s a~ x o~~ o a o- v z ~ c~ ~~ s W c a m
Road and Wagstaff Road in Paradise, AP 50-19-48 was held at this time.
Dan Blackstock, county counsel, stated Chat the Planning Director should
be requested to be present before the board takes any action. An interim
zoning can only be done if the zoning is more restrictive than the present
zoning.
Supervisor Richter stated that he would like to hear from the
Planning Director before any decision was made on this matter.
Brian Rix stated that his company made an error and that the
C-2 zoning should have been asked for at the time the other zoning was
requested. The permanent zoning has been applied for. Mr. Rix aubmiCCed
copies of request for permanent zoning.
The matter is continued until the Planning Director is present.
78-781 RESCIND ACTION OF APRIL 18, 1978, MINUTE ORDER 78-734 REFERRING
MATTER TO GRAND JURY FOR INVESTIGATION AS BEING IN VIOLATION OF PUBLIC
LAW N0. 93355 AND FOLLOW RECOMMENDATIONS AND SUPPORT COUNSEL'S MEMO
OF APRIL 20, 1978 ADDRESSED TO SUPERVISOR RICHTER RE: BUTTE COUNTY
LEGAL SERVICES
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the board's action of April 18, 1978, minute order
78-734 referring the matter of the Butte County Legal Services to the Grand
Jury €or investigation as being in violation of Public Law No. 93355 was
rescinded and the recommendations made in County Counsel's memo dated
April 20, 1978 addressed to Supervisor Richter were supported and approved;
a letter is to be written to the parent corporation of Butte County Legal
Services asking Chem Co make a determination.
78-782 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Richter stated that a lobbying effort will take
place on May 3, 1978 and testimony will be given on May 4, 1978 to the
Lobby Resources Committee regarding herbicide use in the county.
Supervisor Lemke stated that he would like to have the board
adopt a resoluCion in support of SB 2570 with changes regarding the CBTA
re-enactment bill.
Personnel is to prepare a letter on this matter.
Supervisor Madigan stated that the county will receive in-lieu
money as the 120 and 140 acres being purchase along the river at Pinetree
has been classified as wildlife.
78-783 DENY CLAIM FOR REFUI3D_OF TAXES - CQ$A$SET, COMMUNITY ASSOCIATION. INC.
On motion of Supervisor Madigan, seconded by Supervisor Moseley
and unanimously carried, the claim for refund of taxes for Cohasset
Community Association, Inc. for AP 56-I1-62 was denied.
78-784 GRANT PENALTY RELIEF - HAZEL LINDHOLM FOR AP 12-16-24
On motion of Supervisor Madigan, seconded by Supervisor Moseley
and unanimously carried, Che request for penalty relief for Hazel Lindholm
for AP 12-16-24 was granted.
78-785 DENY REQUEST FOR PENALTY RELIEF - KEITH C. PALMER FOR AP b4-35-56
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the request for penalty relief o£ Keith C. Palmer
for AP 64-35-56 was denied.
78-786 DENX REQUEST FOR PENALTY RELIEF - VIKKI CONAWAY FOR AP 56-14-53
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the request for penalty relief of Vikki Conaway
for Ap 56-i4-~i3 was denied. Page 401. April 25, 1978
April 25, 1978
a~ 3 o e~~ ~~ s~~_~ a- a x ~aa =~ a~ o~ ~ a .= 3 a m o
78-7~7' PUBLIC HEARING: GARY GREGERSON - APPEAL CONDITION 1, 3 AND 6 ON A
TENTATIVE PARCEL MAP, AP 31-211-19, TWO LOTS, SOUTH SIDE OF PLUMAS AVENUE,
150 FEET WEST OF SEVENTH STREET, THERMALITO
The public hearing on the Gary Gregerson appeal of conditions
i, 3 and b on a tentative parcel map, AP 31-211-19, two lots, south side
of Plumas Avenue, 150 feet west of Seventh Street, Thermalito was held
as continued. Clay Castleberry, public works director, recommended that
this would 'fit the covenant agreements.
Del Siemsen, deputy county counsel, stated that the covenant
agreement was covered in the subdivision ordinance amendment before the
toard today.
Hearing open to the public. Appearing: No one.
The matter is continued to later in the meeting.
78-788 ADOPT~ORDINANQ;1916: WAIVE SECOND READING SUBDIVISION ORDINANCE AMENDMENT5
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the second reading of the ordinance amending the
subdivision ordinance was waived; Ordinance 1916 was adopted and the Chairman
authorized to sign.
78-789 PUBLIC HEARING: GARY GREGERSON - APPEAL CONDITION 1, 3 AND 6 ON A
TENTATIVE PARCEL MAP, AP 31-211-19, TWO LOTS, SOUTH SIDE OF PLUMAS AVENUE,
150 FEET WEST OF SEVENTH STREET THERMALITO
The public hearing on the Gary Gregerson appeal of conditions
1, 3 and 6 on a tentative parcel map, AP 31-211-19, two Iots, south side
of Plumas Avenue, 150 feet west of Seventh Street, Thermalito was held
as continued.
On motion of Supervisor Moseley, seconded by Supervisor Richter
and unanimously carried, the improvements were required but they are allowed
to be pastponed with the signing of a covenant and the capacity of the swale
on the southeast corner is to be increased.
78-790 ADOPT ORDINANCE 1917: INTERIM ZONING FOR AP 50-19-48 FROM A-2 LTD
TO C-2 ON THE SOUTHEAST CORNER OF THE INTERSECTION OF CLARK ROAD AND
WAGSTAFF ROAD IN PARADISE
Bettye Blair, planning, set out the background of the request.
The developer has an approved use permit. The Planning Department has
received an application for rezoning on the remaining property. This has
not been processed. There is an EIR on the project. There was limited
opposition on the EIR and no active opponents to the project,
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, AP 50-19-48 on the southeast corner of the
intersection of Clark Road and Wagstaff Road in Paradise was interim
zoned from A-2 Ltd to C-2 with the findings that this is. in the interest
of the public health, safety and welfare; Ordinance 1917 was adopted and
the Chairman authorized to sign; interim good for 120 days.
78-791 .ADOPT ORDINANCE 1918: PUBLIC HEARING: TRI-"B" INC, - NEGATIVE DECLARATION
AND REZONE FROM "A-2" (GENERAL) TO "TM-40"„(TIMBER MOUNTAIN, 40 ACRE PARCELS)
PROPERTY LOCATED ON THE SOUTH SIDE OF RICHARDSON SPRINGS ROAD, EAST OF
CAHASSET ROAD, IDENTIFIED AS AP 47-28-64, 65, b6, 67 AND 68, CONTAINING
233.66 ACRES MORE OR LESS CHICO
The public hearing on the TRI-"B" Inc. negative declaration and
rezone from "A-2" (general) to "TM-40" (timber mountain, 40 acre parcels)
property located on the south side of Richardson Springs Road, east of
Cohasaet Road, identified as AP 47-28-64, 65, 66, 67 and 68, containing
233.66 acres, more or less, Chico was held as advertised. Steve Streeter,
environmental review department,~set out the background of-the negative declaration
Page 402. April 25,1978
April 25, 1978
Hearing on the negative declaration open to the public.
Appearing: No one.
Hearing on the negative declaration closed to the public
and confined to the board.
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and unanimously carried, on the basis of the initial evaluation, the
proposed project could not have a significant effect on the environment,
and a negative declaration was recommended.
Hearing on the rezone open to the public. Appearing: No one.
Hearing closed to the public and confined to the board.
On motion of Supervisor Richter, seconded by Sups rvisor Madigan
and unanimously carried, the rezone from "A-2" (general) to "TM-40°
(timber mountain, 40 acre parcels) property located on the south side of
Richardson Springs Road, east of Cohasset Road, identified as AP 47-28-64,
65, 66, 67 and 68, containing 233.66 acres, more or less, Chico was
approved with the findings that it is consistent with the general plan;
Ordinance 1918 was adopted and the Chairman authorized to sign,
78-792 AUTHORIZE LETTER OF APPRECIATION TO CARMELA FALSONE FOR HER APPEARANCE
AND PRESENTATIdN.AT THE BCAG MEETING APRIL 19. 1978 RE: TRANSPORATION NEEDS
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, a letter of appreciation to Carmela Falsone for
her appearance and presentation at the BOAC meeting April 19, 1978 regarding
transportation needs was authorized and the Chairman authorized to sign.
78-793 PUBLIC HEARING: S. E. AND GERTRUDE M. STEVENSON - APPEAL OF CONDITION
5 OF A PARCEL MAP REQUIRING THE INCREASE TO MINIMUM PARCEL SIZE, AP 24-10-59,
TWO IATS, BETWEEN LARKiN~ ROAD AND GRIDLEY AVENUE, APPROX. 700 FEET NORTH
OF CLARDY AVENUE. GRIDLEY- CONTINUED TO MAY 9. 1978 AT 9:45 A.M.
The public hearing on the S. E. and Gertrude M. Stevenson appeal
of condition 5 of a parcel map requiring the increase to minimum parcel
size, AP 24-10-59, two lots, between Larkin:. Road and Gridley Avenue,
approximately 700 feet north of Clardy Avenue, Gridley was held at this
time. Clay Castleberry, public works director, set out the background
of the appeal. This is in orchard and field crop on the general plan.
The board made the finding that orchard and field crop would allow five
acre parcels. The appeal is to have one parcel less than five acres.
The larger unit is an agricultural unit.
Hearing open to the public. Appearing:
1. Bill Geddis, representing Mr, amd Mrs. Stevenson. Mr.
Geddis stated that the larger parcel is an economic unit of trees that
can be farmed. The home has been there far many years.. This would be
a 2 acre parcel. In order to conform to the five acre requirement, the
orchard would be cut up.
2. Mrs. Stevenson, Gridley. Mrs. Stevenson stated that Mr.
Geddis has covered the reason for wanting to have a 2 acre parcel. Mrs.
~venson stated that they would like to keep their home. If the property
had to be split in 5 acres this would cut the orchard in two.
Mr. Geddis stated that the Stevenson's had sent the board a
letter setting out the important points. They went to the Planning
Department and were assured there would be no problem.
' Page 403.
April 25, 1978
April 25, 1978
a ~ ~ ~ c x ~ a w ~ a s e = - - _ _ = a ~ ~ ~ = _ ~ ~ m c o ~ s e o
Chairman Winston stated that he would like to have ,the matter
continued for two weeks to study the letter. Copies to be made for board
members and Planning Department.
The matter is continued to May 9, 1978 at 9:45 a.m.
78-794 PUBLIC HEARING: CHARLES W. PHILLIPS -PETITION FOR VARIANCE TO
SECTIONS 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A
MOBILE HOME AT b310 CARMEL OROVILLE AP 36-30-81
The public hearing on the Charles W. Phillips petition for
variance to Sections 19-10 and/or 19-12 of the Butte County Code for
placement of a mobile home at 6310 Carmel, Oroville, AP 36-30-81 was
held as advertised, Howard Toussaint, sanitarian, set out the background
of the petition. The petition is in order.
Hearing open to the public. Appearing: No one,
Hearing closed to the public and confined to the board.
On motion of Supa:visor Moseley, seconded by Supervisor Lemke
and unanimously carried, the petition for variance to Sections 19-ZO
and/or 19-12 of the Butte County Code for placement of a mobile home
at 6310 Carmel, Oroville, AP ;`36-30-81 for Charles W. Phillips was
approved for a period of one year.
78-795 ADOPT ORDINANCE 1919: WAIVE SECOND READING OF SALARY ORDINANCE
AMENDMENT TRANSFERRING STAFF OF MARSHAL'S OFFICE TO THE SHERIFF WHO
HAS BEEN DESIGNATED AS THE E%-OFFICIO MARSHAL
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, the second reading of the salary ordinance
amendment transferring the staff of the Marshal's Office to the Sheriff
who has been designated as the ex-officio Marshal was waived; Ordinance
1919 was adopted and the Chairman authorized to sign.
78-796 WAIVE FIRST READING OF SAIARY ORDINANCE AMENDMENT THAT DISMANTLES
HEALTH AGENCY; RE-ESTABLISHES THE SEPARATE DEPARTMENTS OF PUBLIC: HEALTH
AND MENTAL HEALTH: ASSIGNS TO THE AGRICULTURAL COMMISSIONER, ADMINISTRATIVE
RESPONSIBILITIES FOR THE WEIGHTS AND MEASURES PROGRAM: TRANSFERS TYPIST
CLERK III FROM PUBLIC GUARDIAN TO COUNTY COUNSEL: ADDS ONE-HALF TIME
TYPIST CLERK IT fi0 PUBLIC GUARDIAN: RETITLES SEVERAL MISCELLANEOUS
CALSSIFICATiONS
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the first reading of the salary ordinance amendment
that dismantles the•Health Agency and re-establishes the separate departments
of Public Health and Mental Health; aseigns.to the Agricultural Commissioner,
administrative responsibilities for the Weights and Measures Program;
transfers a typist clerk III from the Public Guardian to County Counsel;
adds a one-half time typist clerk II to Public Guardian and retitles
several miscellaneous classifications was waived.
78-797 AUTHORIZE REDUCTION IN SALARY - DR. SVTHUS, DIRECTOR OF HEALTH, FROM
$3491 PER MONTH TO THE E STEP OF RANGE 4I.5 ($3,623 PER MONTH) TO BE
EFFECTIVE NNE 10, 1978: DENX ONE STEP ADVANCE FOR JOE BANDY, AGRICULTURAL
COMMISSIONER TO RANGE 29.5, STEP A ($1,920 PER MONTH) AND RAZIA KHAN,
EXECUTIVE DIRECTOR - SPECIAL PROGRAMS TO RANGE 22.5 STEP D ($1,363 PER
MONTH) TO BE EFFECTIVE APRIL 29, 1978
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the memo of April 20, 1978 from the Personnel
Director was supported as far as the reductions in salary of Dr. Svihus,
director of health, from $3991 per month to the step E of Range 41.5
($ 3,623•per month) to be effective June 10, 1978; the one step advancement
for Joe Bandy, agricultural commissioner to Range 29.5, step D ($1,920
Page 404.
April 25, 1978
April 25, 1978
per month) and for Razia Khan, executive director - special programs to
Range 22.5 step D {$1,363 per month) to be effective April 29, 1978 were
denied, to be considered at budget time.
78-798 AUTHORIZE PURCHASE BELL & HOWELL MICRO-TWIN CHECK MICROFiLMER AND
ENDORSER AT A COST OF $4,300 WITH A PORTION OF FUNDING ($2,000) GAMING
FROM AN APPROPRIATION WITHIN THE CENTRAL DUPLICATING BUDGET, WITH THE
BALANCE COMING FROM THE RESERVE - fiREASURER'S OFFICE
Carl Morton, `treasurer, set out the request for the purchase
o£ the microfilmer and endorser. The present equipment broke down
last year for about three days during tax time. Mr. Morton stated that
he is reluctant to pass out unendorsed checks to other departments for
microfilming. The machine broke down again last week. Anew microfilmer
aad endorser have been put in the new budget. This would cost around
$9,000 for the replacement. There are only two of the Bell ~ Howell
micro-twin check microfilmer and endorsers left at a cost of $4,300.
This would be a savings.
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the purchase of the Bell & Howell micro-twin
check microfilmer and endorser at a cost of $4,300 was authorized;' a
transfer was approved with a porting of funding ($2,000) coming from as
appropriation within the central duplicating budget, with the balance
coming from the reserve for the Treasurer's Office.
RECESS: 10:17 a,m.
RECONVENE: 10: 26 a.m,
78-799 APPROVE PURCHASE OF MULTI-SERVICE CART TO BE USED WITHIN THE CHICO
HEALTH OFFICE AT AN ESTIMATED COST OF $65
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the purchase of a multi-service cart for the
Health Department Co be used within the Chico Health Office at an estimated
cost of $65 was approved with funding available as a result of savings in
public health general services equipment account.
78-800 APPROVE AGREEMENT WITH STATE DEPARTMENT OF FOOD AND AGRICULTURE TO
REIMBURSE COUNTY $86 THAT WILL ENABLE A DEPUTY AGRICULTURAL COMMISSIONER
TO ATTEND A TRAINING S__ESSION_ON PESTICIDE ILLNESS IN SACRAMENTO MAY 18-19. 1978
On motion of Supervisor Moseley, seconded by Supervisor Richter
and unanimously carried, the agreement with the State Department of Food
and Agriculture to reimburse the county $86 that will enable a deputy
Agricultural commissioner to attend a training session on pesticide
illness in Sacramento May 18-19, 1978 was approved and the Chairman authorized
to sign.
78-801 REFER DRAFT PRELIMINARY REPORT PREPARED BY CONSULTANT FOR PGi~E
NOTICE OF INTENTION TO BOARD/STAFF COMMITTEE FOR REVIEW AND RECOMMENDATION
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the draft preliminary report prepared by the
consultant for the PG&E Notice of Intention was referred Co the Board/Staff
committee for review and recommendation.
78-802 APPROVE PLANS AND SPECIFICATIONS - ATkiINISTRATT~N BUILDING - SECOND
STORY ADDITION
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the plans and specifications for the Administration
Building, second story addition were approved and the Chairman authorized
Co sign.
Page 405.
April 25, 1978
April 25, 1978
78-803 AUTHORIZE ADVERTISEMENT FOR BIDS ON ADMINISTRATION BUILDING -
SECOND STORY ADDITION PHASE II (FINISH WORK) PORTION AND SET BTD OPENING
FOR MAY 25 1978 AT 2:00 P.M. IN THE BOARD OF SUPERVISORS ROOM
On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried, advertisement for bids on the phase II (finish work) portion
of the Administration Building, second story addition was authorized;
bid open was set for May 25, 1978 at 2:00 p.m. in the Board of Supervisors
room. AYES: Supervisors Madigan, Moseley, Richter and Chairman Winston.
NOES: Supervisor Lemke.
78-804 APPROVE BUDGET TRANSFERS
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, the following budget transfers were approved:
B-149 Air Pollution Control District. Establishes an appropriation
to purchase and install a two-way radio to replace the radio destroyed in a
pickup truck fire which was approved by the Board of Supervisors on March 14,
1978; Minute Order 78-503. Appropriation of $1,000 is from unanticipated
revenue - damage loss recovery.
B-167 Treasurer. Transfers $78.12 from office expense to overnight
travel to cover a deficit caused by the unanticipated increase in motel costs.
B-168 Welfare - Parental Stress 1?rogram. Establishes a $55,000
appropriation for the Parental Stress Program as follows: professional and
specialized services, $54,500; and allocated cost recovery, $500. Funding
is as follows: federal aid, $49,500; state aid, $2,7$0; and funding from
the reserve, $2,750. '~'
B-169 Federal Revenue Sharing - District Allocation Program.
Within the District 2 allocation transfers $1,000 from unallocated to
sidewalks for schools; within the District 3 allocation transfers $1,000
from unallocated to access paths for schools; and District 4 transfers
$500 from unallocated to the school bus stop.
B-170 Personnel. Establishes a $300~"~appropriation for special
departmental expense to reimburse BCEA for employee discipline and grievance
handling training costs under a grant approved by the State of California.
B-171 Chico Marshal. Tncrease the appropriation for extra help,
$500 and overtime, $500 with funding coming from the reserve in order to
cover a deficit caused from a regular employee requesting overtime at
time of resignation and requirement to use extra help during the recruitment
period.
B-172 Building and Subdivision Inspection. Within the administration
budget unit transfers $ZO from office expense to professional and specialized
services and within the building inspection budget unit increases the appro-
priation for extra help by $15,000 and overtime by $1,000 with funding coming
from fees for construction permits. The purpose of these transfers are to
cover current and projected deficiencies caused by the unanticipated increase
in building activity.
B-173 Public Works - General Administration. Transfers $500
from extra help to out of county travel to cover current and projected
deficiencies caused by an unanticipated trip to Washington, D.C. regarding
the federal highway bill.
Page 406.
April 25, 1978
April 25, 1978
B-174 Mental Health General Services and Drug Counseiin Referral
Center. Within the Mental Health general services transfers 3,000 from
sa3aries and wages to extra help to ct~ver the cost of extra help employees
hired prior to filling of regular positions. Within the drug counseling
and referral center budget transfers $600 from out of county travel to
office expense to cover the unanticipated increase in the cost of drug
educational materials and also transfers $250 from other transportation
and travel to special departmental expense to cover the unanticipated
increase in the cost of office supplies.
B-175 Oroville Justice Court. Transfers $9,500 from the reserve,
with $1,500 going toward office expense and $8,000 to professional and
specialized services to cover current and anticipated deficiencies due to
unanticipated coat.
B-176 District Attorney - Family Support. Transfers $1,500 from
extra help, $1,000 from jury and witness expense, $50 from publications,
$750 from out of county travel, and $2,000 from the reserve, for a total
of $5,300 going toward professional and specialized services to cover the
current and projected deficits caused by the unanticipated number of
blood tests to determine paternity.
B-177 Federal Revenue Sharing - Plant Acquisition. Transfers
$30,364 from the Auditor's computer systems to increase the appropriation
far remodeling of the Nord Fire Station to cover the architect's contract
and also the construction contract.
78-805 PUBLIC HEARING DATE SET: HOUSING AND COMMUNITY DEVELOPMENT 1979
PREAPPLICATION HEARING - MAY 9, 1978 AT 9:30 a.m.
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, a public hearing date of May 9, 1978 at 9:30 a.m.
was set for the Housing and Community Development 1979 preapplication
additional hearing.
7$-806 PUBLIC REARING DATE SET: PATRICK BETTENGER - PETITION FOR VARIANCE
TO SECTIONS 19-10 AND/OR i9-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF
A MOBILE HOME AT 8090 MELVINA STREET PALERMO AP 27-20-65
A public hearing date of May 9, 1978 at 9:30 a.m. was set for
consideration of Patrick Bettenger petition for variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home at
8090 Melvina Street, Palermo, AP 27-20x65.
78-807 APPROVE CHILD HEALTH AND DISABILITY PREVENTION PROGRAM A~AL PLAN
FOR 1978-79 AND BUDGET FOR SUBMISSION TO THE STATE DEPARTMEN770F HEALTH
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the Child Health and Disability Prevention Program
annual plan for 1978-79 and budget were approved and the Chairman authorized
to sign; budget prepared for submission to the State Department of Health.
78-808 AUTHORIZE REFUND OF INSPECTION FEE TO JAMES P. BOWMAN IN THE AMOUNT
OF $1.350 FOR PARADISE GARDENS ESTATES, DEAN ROAD,..-PARADISE
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, a refund of inspection fee to James P. Bowmaa
in the amount of $1,350 for Paradise, Gardens Estates, Dean Road, Paradise
was authorized.
78-809 APPROVE PLANS AND SPECIFICATIONS - PARKING LOT AT SUPERIOR COURT
BUILDING PROJECT PL-77-1: ADOPT WAGE SCALE: BTD OPENING SET FOR MAY l8, 1978
AT 11:00 A.M. AT PUBLIC WORKS OFFICE
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and unanimously carried, the plans and specifications for the parking lot
Page 407.
April 25, 1978
April 25: 1978
at Superior Court Building Project PL-77-1 were approved and the Chairman
and Director of Public Works authorized to sign plans; adopted the wage
scale; set the bfd opening at 11:00 a.m., Public Works office, May 18, 1978.
78-810 APPROVE KELLY RIDGE UNIT 4C FINAL SUBDIVISION MAP, 229 LOTS, NORTH
SIDE ROYAL OAKS DRIVE
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, Kelly Ridge Unit '"~4C final subdivision map, 229
lots, north side Royal Oaks Drive was approved; Che public utility easements
and Sbuth-Park Court, Jack Hill Drive, Sugarloaf Court, High Rock Court,
Aiken Court, Woodman Dirve, Fall River Court, Mt. Ratchel Court and
Falco Court as shown on the aubdivision map and granted in fee were accepted;
Chairman authorized to sign subdivision agreement.
78-811 AMEND FEE SCHEDULE - NEAL ROAD LANDFILL - ELIMINATE UNDER COMMERCIAL
RATES "TRANSFER STATION TRUCKS - $10
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the Neal Road landfill fee scheduled was amended
to eliminate under commercial rates 'transfer station trucks - $10.
78-812 ADOPT RESOLUTION 78-84: RESOLUTION AUTHORIZING FOUR-WAY STOP AT EL
PASO AVENUE AND EL VERANO
Clay Castleberry, public works director, set out the background
for the resolution. The speed signs will be relocated. Mr. Castleberry
stated that his office will continue to monitor the area with Che CHF.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, Resolution 78-84 authorizing a four-way stop at
E1 Paso. Avenue and E1 Verano was adopted and the Chairman authorized to
sign.
78-813 PUBLIC WORKS AUTHORIZED TO THAN~EOPLE FOR KIND OFFER OF VOLUNTEER
WORK FOR STREET AND GUTTER IMPROVEMEN PROJECT - GOLD NUGGET STREET AND
WORK WITH PURCHASING DEPARTMENT TO PURCHASE MATERIALS AND COME BACK WITH
AUGMENTED REPORT FOR WORK
Clay Castleberry, public works director, stated that there has
been an offer for volunteer labor for the street and gutter improvement
project for the Gold Nugget Street. The county can use revenue sharing
money for materials rather than contract out.
Dan Blackstock, county counsel, stated that as long as volunteer
work is being used and the county is buying materials only this would not
come under the Davis-Bacon Act.
Public Works was authorized Co Chank the people for the kind
offer of volunteer work for street and gutter improvement project for
Gold Nugget Street and work with Purchasing Department to purchase
materials and come back with augmenCed report for the work.
78-814 PUBLIC HEARING 17ATE SET: MERIDIAN MUNJAR AREA REZONE FROM INTERIM
A-5 AND ,INTERIM A-160 (AGRICULTURAL - 5 AND 160 ACRE PARCELS) TO A-5,
A-10 AND A-40 (AGRICULTURAL - 5, 10 AND 40 ACRE PARCELS) FOR 20 ACRES,
MO_RE_.OR LESS, CHICO
A public hearing date of May lb, 1978 at 10:30 a.m. was set
for consideration of a negative declaration and rezone for Meridian
Munjar area from Interim A-5 and Interim A-lb0 (agricultural - 5 and 160
acre parcels) Co A-5, A-10 and A-40 (agricultural - 5, 10 and 40 acre
parcels) for 20 acres, more or less, Chico.
Page 408.
April 25, 1978
April 25, 1978
78-815 APPOINTMENT TO IACAL AGENCY FORMATION COMMISSION IAFCo
.Chairman Winston reappointed Supervisor Madigan to Local Agency
Formation Commission (LAFCo) for the remainder of his term on the board.
78-816 APPOINTMENT OF ALTERNATE MEMBER PERSONNEL APPEALS COMh1ISSI0N
Supervisor Richter and Supervisor Moseley were appointed as
a committee to interview Neil McCabe for the appointment of alternate
member to the Personnel Appeals Commission as a management representative.
On motion of Supervisor Lemke, seconded by Supervisor Richter
and unanimously carried, Bill Jones was appointed as an alternate member
of the Personnel Appeals Commission representing labor.-
78-817 APPOINTMENT TO OROVILLE MOSQUITO ABATEMENT DISTRICT CONTINUED TO
MAY 2, 1978
The appointment to the Oroville_Mosquito Abatement District
was continued to May 2, 1978.
78-818 APPOINTMENTS TO HOUSING AND COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
CONTINUED TO MAY 2, 1978
The appointments to the Housing and Community Development
Advisory Committee were continued to May 2, 1978.
78-819 ADOPT RESOLUTION 78-85: RESOLUTION REC06NIZING BUTTE COUNTY COMMITTEE
FOR THE EMPLOYMENT OF THE IiANDICAPPED OPERATIONS
Oa motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, Resolution 78-85 recognizing Butte County
Coc~ittee for the Employment of the Handicapped operations was adopted
and the Chairman authorized to sign.
78-820 DTSCUSSION: EXTENSION OF TIME FOR WHiPPLE SUBDIVISION MAP ON HWY 32
Supervisor Richter stated that Mr. Whipple is seriously ili and
would like to know about the extension of time for the subdivision map.
Clay Castleberry, public works director, stated that there
is still 8 months on the extension. State law allows for an 18 month
extension. This will be up in December, 1978.
78-821 AUTHORIZE LETTER IN SUPPORT OF AB 2535 (FAZIO BILL) RE: METHODS EMPLOYED
BY-STATE IN CHARGING COLLECTION EXPENSES
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, a letter in support of AB 2535 (Fazio Bill}
regarding methods employed by the staCe in charging collection expenses
was authorized and copies to be sent to Assemblyman Chappie, Assemblyman
Statham and Senator Johnson.
78-$22 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Chairman Winston stated that the building committee met with
the City of Chico and there will be a recommendation coming to the board.
Chairman Winston stated that an invitation has been extended
Co Che board members to attend the open house of the Fraternal Order of
the Eagles on Myers Street.
Chairman Winston stated that the report on the inspection of
Juvenile Hall had been received. There are no difficulties.
RCRC has forwarded to the board for information copies of
AB 2929 and 3405.
Page 409.
April 25, 1978
April 25, 1978
~ ~ ~ ~ ~ ~ ~
78-823 ADOPT RESOLUTION 78-86: RESOLUTION IN OPPOSITION TO UNITEA STATES
SB 35 RELATING TO CIVIL RIGHTS ACT
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, Resolution 78-86 in apposition to United States
SB 35 relating to the Civil Rights Act was adopted and the Chairman authorized
to sign.
78-824 ADDZTiONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Lemke stated that he had received a call from Steve
Barker gravel regarding payment on revenue sharing bills that have not
been paid.
Admin~trative Officer to check info the matter.
Supervisor Madigan commented on the memo from Mike Pyeatt E
regarding the shortage in the Probation Department and the lack of coverage
under the employee performance bond.
Clif Nickelson, administrative officer, stated that both the
Probation Department and the District Attorney will be making daily
deposits.
Supervisor Lemke stated that he would like to see everyone
read the bottom front page in the Chico Enterprise Record from yesterday. v
78-825 APPEARANCE: JIM ARNOLD, BANGOR
'~ Mr. Arnold stated that he would like the board to hold a hearing
at the Bangor Community Hall regarding the rezoning in the Bangor area.
He will arrange for the hall and notification of the residents.
Chairman Winston stated that the matter of the rezoning is
of general county interest. The board might have two hearings, one
in the board room and one in Bangor.
78-826 AUTHORIZE TRANSFER OF $1,300 FROM DEER MANAGEMENT IMPROVEMENT PUND
WITHIN THE FISH AND GAME FINE MONEY TO THE SUNSET .PUMP STUDY
Gene Mercer, Fish and Game Commission, stated that he had
received a letter from Richard Hallock, Department of Fish and Game.
Mr. Mercer read the letter requesting $1,500 in outside funds for the.
Sunset Pump study, The drought is the reason for lack of funding.
The Yuba County Fish and Game Commission approved $200 for the study.
Butte County would have to pay $1,300 for the study.
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, .the transfer of $1,300 from deer management
improvement fund within the Fish and Game fine money was authorized to
be transferred to.the Sunset Pump study.
78-827 APPEARANCE: GARRETT BURT, PARADISE
Mr. Burt stated that he had listened to the presentation regarding
the interim zoning in Paradise. From the presentation, there was no
mention that MAC had been contacted regarding this zoning. MAC receives
the agenda on Saturday. In zoning matters there is no direct mention of
MAC.
Bettye Blair, Planning Department, stated that the MAC committee
receive the Planning Commission and Board of Zoning Adjustment agendas.
The Environmental Review Department refers, all matters pertaining to
Paradise to the MAC committee during the initial stages of the process.
Page 410.
April 25,-1978
April 25, 1978
Supervisor Lemke stated that he had held private conference
with the MAC members and discussed Che iCems coming before the Board.
There are innumerable projects taken up by the Board of Zoning Adjustment
and the Planning Commission that MAC has chosen not to make a statement
on.
78-828 APPEARANCE: 30HN GREEN, PARADISE
Mr. Green stated that he lives on Eden Roc Drive. He would like
to ask several questions regarding drainage in the area. With Che new
development on Clark and Wagstaff Roads, there will be additional drainage
in the Dry Creek area. Mr. Green stated that he feels that insufficient
notice was given to residents of the Dry Creek area. There is going to
be a problem with drainage.
Chairman Winston advised~tr. Green to submit his questions to
Mr. Castleberry and that he would be answered in writing, with the board
to receive a copy of both the questions and Mr. Castleberry's letter.
78-829 APPEARANCE: MIKE BUSH BUTTE COUNTY LEGAL SERVICES
Mr. Bush spoke regarding CETA employment. Under Title VI a
person can obtain employment. The person is trained and when CETA is
over the person is better prepared to compete in the job market.
In county government<:a number of employees are funded by CETA. Mr.
Bush stated that he thinks that CETA has become Butte County's pork
barrel. County government and friends of county government are. the
only place that Title VI went. When Legal Services asked for Title
VI personnel, the county had established community based organizations
at the bottom of the list. The law requires that 1/3 of Title VI be
with community based organizations since June, 1977. When the community
based organizations asked that the law be followed, they started hearing
about political activity.
Chairman Winston stated that Supervisors Lemke and Richter
had an appointment with the Department of Labor people to discuss several
of the questions regarding CETA. Personnel Director was directed to
counsel with Mr. Bush and go over the allegations.
Mr. Bush stated that he would like Co speak on the issue of
the spending of SB 325 money. SB 32Sm~ney is to be used f®r unmet
transportation needs. At the board meeting of April 12, 1978, there
was a discussion that the county is not getting Cheir share of road
money. Where does it go to get additional money? BCAG is required to
make a determination that there are no unmet transportation ~needa.
Mr, Bush stated that he thinks the evidence £rom the BCAG meeting shows
that there is an unmet transportation need. There are a lot of transportation
problems in Butte County.
Chairman Winston stated that he is willing to make every
attempt to meet the transportation needs reasonably,
Supervisor Richter stated that he had urged the board to support
subsidized taxi service for the elderly and handicapped. This is of
greae concern before the remaining money from SB 32S is given to roads.
Supervisor Richter stated that he has never sat on the BCAG board and
allocated money for roads without being concerned that the law was met.
78-830 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Madigan stated that there is a legislative rally
in Sacramento tomorrow. There will be representatives from Che Senate
and Assembly.
Page 411.
April 25, 1978
April 25, 1978
$uperv~sor Madigan state that the Sacramento Va~ly landowners
Association had asked for a hearing on the Sacramento River Environmental
study which was declined by Huey Johnson, Resources Agency. The Association
wish to express their concern for the maintenance of the Sacramento River
and see that it is maintained wisely. Supervisor Nadigan stated that he
would like to have a letter authorized to invite Nr. Johnson up to take
a look at the river in several areas.
Clif Nickelson to prepare a le Supervisor Madigan's
signature on the matter.
ADJOURNMENT
There being nathing fur er before the bo rd at this time, the
meeting was adjourned at 11:45 a. to reconvene o Tuesday, y 2, 197
at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CL K
sy ~ ~~
Page 412.
April 25, 1978