HomeMy WebLinkAboutM052378May 23, 1978
STATE OF CALIFORNIA )
5S.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a,m. pursuant to adjournmento
Present: Supervisors Zemke, Madigan, Moseley, Richter and Chairman Winstono
Clif Mickelson, 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.
78-983 APPROVAL OP MINUTES
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the minutes of May 9, 1978 were corrected as
follows on Minute Order 75-906:
Resolution 75-91 - resolution in opposition to proposed regulations
that will prohibit Board of Supervisors access to Welfare records.
Resolution 78-91A - resolution in opposition to proposed State
Welfare regulations which are designed to emasculate Welfare
Fraud prosecutions,
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, the minutes of May 16, 1978 were approved as mailed
with the correction to minuted order 78-938 to state that," The latest memo
states that Jim Cook has violated their settlement." instead of Jim Johansen.
78-984 COMNATNICATIONS
William F. Collins, Chico. Mr. Collins submits his resignation as a member
', and chairman of the Board of Zoning Adjustment as of May 31, 1978.
', See motion following communications.
Ray Delzell, Chico. Mr. Delzell writes concerning a zoning problem for
his property in Chico on the northwest corner of Muir Avenue and
State Highway 32, AP 42-30-18, Referred to Planning Department.
David D, Moss, et al, Chico. Mr, Moss writes concerning the condition of
Big Chico Creek Channel in the area of the Mud Creek junction,
Referred to Public Works for meeting with the property owners
and conferring with the State.
Quota Club of Paradise. The Club writes in opposition to sidewalks, curbs,
and gutters in the Paradise area. Referred to later in the
meeting.
Sacramento Safety Council, The Council writes requesting support in their
attempt to be designated as California's State Safety Council,
See motion following communications.
Region C Regional Criminal Justice Planning Board. L. H. Casagrande,
planning director, forwards the final report of .the first year
of operation of the Consumer Fraud Unit. Information; no action
taken.
Bolling, Pothoven, Walter and Gawthrop, Sacramento. The attorneys, on
behalf of James Decker Williams, Jr, and Karen Yvonne Williams,
file a claim in the amount of $5,000,000 as a result of injuries
incurred on February 15, 1978 at the intersection of West Second
Street and Orange Street in Chico. See motion following communications.
Page 455.
May 23, 1978
May 23, 1978
Gibson, Dunn & Crutcher, attorneys at lawn The attorneys file a claim.
for increase in the salaries of Municipal Court Judges as part
of a class action claimo See motion following communications.
Blade and Leclerc, attorneys at law, The attorneys, on behalf of Solano
'; Rail Car Company, appeal the Planning Commission's denial of
rezone from "A-2" (general) and "A-R" (agricultural residential)
to "M-2" (heavy industrial) property located along the .Southern
', Pacific Railroad right-of-way from Baggett-Marysville Road
', south of Ophir Road, identified as AP 35-210-O1, 35-220-1,
35-220-2, 36-16-14, 36-ZO-11 and 36-27-20 {portion), containing
10,0 acres, more or less, Oroville. Set for hearing June 20,
1978 at 10:30 a.m.
78-985 ACCEPT RESIGNATION OF WILLIAM F. COLLINS FROM BOARD OF ZONING
ADJUSTMENT WITH REGRET AND A LETTER OF APPRECIATION TO BE SENT
It was moved by Supervisor Richter that Uel B. Marr, alternate
member, be appointed as a regular member of the Board of Zoning Adjustment,
and that alternate position be posted.
Motion withdrawn.: at this time,
The resignation of William ~', Collins as a member o~ the
Board of Zoning Adjustment was accepted with regret and a letter of
appreciation is to be sent.
78-986 AUTHORIZE LETTER BE WRITTEN IN SUPPORT OF SACRAMENTO SAFETY COUNCIL'S
ATTEMPT__TO_.BE.DESIGNATED AS CALIFORNIA'S STATE SAFETY COUNCIL
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, a letter was authorized to be written in support
of Sacramento Safety Council's attempt to be designated as California's
State Safety Council.
Supervisor Lemke stated that Butte County should consider
creating a safety council.
78-987 REJECT CLAIM
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the claim of James Decker Williams, Jr, and
Karen Yvonne Williams in-the amount of $5,000,000 as a result of injuries
incurred on February 15, 1978 at the intersection of West Second Street
and Orange Street in Chico was rejected and referred to Counsel and the
insurance carriero
78-988 REJECT CLAIM
', On motion of Supervisor Richter, seconded by Supervisor Moseley
', and unanimously carried, the claim for increase in the salaries of
Municipal Court Judges as part of a class action claim submitted by
Gibson, Dunn & Crutcher, attorneys at law, was rejected and referred
to Counsel and the insurance carrier.
78-989 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Chairman Winston commented on the letter from RCRC regarding
SB 14800 This would require daily visitations to the traps by the
trappero There is no funding for Iocal expenses. In order to receive
SB 90 funding the county will have to intervene no later than May 26, 1978,
Administrative Officer directed to develop the figures and
present them before May 26, 1978.
Chairman Winston stated that he had received a letter from
Glenn County to the Reclamation Board. asking that they hold hearings
regarding riparian vegetation.
Page 456.
May 23, 1978
May 23, 1978
Supervisor Madigan advised that the Reclamation Board may wait
until their June meeting to set a hearing. This is the same request
that Butte Gounty has made,
Chairman Winston advised that there will be a groundwater
..resources hearing in Alturas on June 10, 1978. This should be referred
to the Water Advisory Committee.
Ghairman Winston reported on his recent trip to visit
fossil fuel plants. The trip took him to Washington, Utah and Arizona.
Ghairman Winston did not visit the inside of the plants but spoke to
the people in and around the plants. The only adverse comments he
received anywhere was from a car rental agency which was adjacent
to the stockpile of coal. This dirtied the cars. The response
was tremendous. There is no question about the fact that the plants
have been of benefit to the small communities. A complete written
report will be forthcoming. After the visits he stated that he was
an advocate of the fossil fuel plant.
report.
Dan Bl"eke asked that he receive a copy of the written
Chairman Winston stated that he had received a letter
from OES dated May 9, 1978 detailing the expenditures and cost to
Butte County, This letter is very complimentary to Mr. Struthers.
Supervisors Lemke and Moseley were reappointed to the Grand
Jury Audit Committee. The Administrative Officer is to arrange a
time and place for the meeting.
Supervisor Richter stated that he had attended a meeting
in Durham regarding street naming and numbering. The Post Office
is attempting to do away with the rural route system. The people
in the Durham area would like to participate in the process.
Mr. Castleberry to contact necessary representatives and
arrange a meeting.
Supervisor Richter commented on the fact that there is
no one to answer the phone in Durham when the fire vehicle is moved
to another location. There should be some way that people can phone
and give time and place that they are going to burn,
The Administrative Office to look into this matter.
78-990 ADOPT ORDINANCE 1926: WAIVE SECOND READING SALARY ORDINANCE
AMENDMENT
On motion of Supervisor Lemke, seconded by Supervisor Madigan
-and unanimously carried, the second reading of the salary ordinance
amendment which established a rate of keepers used by the civil division
in the Sheriff and Marshal's offices; provides for mandatory cost of
living increase for judges; adds one building plan checker and reassigns
several positions in Public Works engineering operations was waived;
Ordinance 1.926•,awas adopted and the Chairman authorized to sign.
78-991 AUTHORIZE SALE OF SURPLUS KEG PUNCH EQUIPMENT TO ALPINE COUNTY
FOR THE SUM OF $50
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the sale of surplus key punch equipment to
Alpine County for the sum of $50 was authorized. ~
-, ~~ sv teS` _~
-~ Page -43"1.
May 23, 1978
May 23, 1978
78-992T ADOPT PLANS AND. SPECIFICATIONS TO MAKE MODIFICATIONS TO THE HEATING
AND AIR CONDITIONING SYSTEM AT PARADISE BRANCH LIBRARY
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the plans and specifications to make modifications
to the heating and air conditioning system at Paradise Branch Library
in order to provide a more energy efficient system at an estimated cost
of excess o£ $6,500 were adopted; a call for bids to be opened in the
Purchasing Office at 2:30 p.m, on June 13, 1978 was authorized,
78-993 CHANGE TIME IN BID OPENING FOR ADMINISTRATION BUILDING - PHASE Ii
ADDITION FROM 2:DO P.M. TO 11:00 A.M.
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, the time in bid opening for the Administration
Building, Phase II addition: was changed from 2:00 p.m, to 11:00 a.m.
', on the same day.
?8-994 PUBLIC HEARING: BONNIE RHODES - APPEAL OF NEGATIVE DECLARATION AND
USE PERMIT TO ALLOW RETAIL AND DISTRIBUTOR SALES OF SHAKLEE PRODUCTS
ON PROPERTY ZONED "A-2 LIMITED" LOCATED ON THE SOUTH SIDE OF BILLS
ROAD, APPROX. 700 FEET WEST OF CLARK ROAD, IDENTIFIED AS AP 53-OI1-90,
PARADISE
The public hearing on the Bonnie Rhodes appeal of approved
negative declaration and use permit to allow retail and distributor sales
of Shaklee products on property zoned "A-2 Limited" located on the south
side of Bille Road, approximately 700 feet west of Clark Road, identified
as AP 53-011-90, Paradise was held as advertised.
Hearing on the Negative Declaration open to the public,
Appearing: Ralph Memmer. Mr. Memmer stated that he did not want the
business on the property. The people in the area do not like the
signs on the property. This would have a bad appearance on the
community.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Richter
and unanimously carried, on the basis of the initial evaluation the
proposed project could not have a significant effect on the ~envirox~ment,
and a negative declaration was approved,
Hearing on the use permit open to the public. Appearing:
Chairman Winston commented on the minutes of the Board of
Zoning Adjustment. The Board has noted the letters received in
oppositioa. The following letters were received from Mr. Mema-er
at the hearing this morning:
Kathleen C, Beery in opposition.
Lawrence Twist in opposition.
L. S. Bice in opposition.
C. Lucke in opposition.
Catherine Hayes in opposition.
W. B. Hamilton in opposition.
Jim Lawson, planning director, stated that if this were
a change in zoning it would not be consistent with the General Plan,
1, Bonnie Rhodes. Ms. Rhodes stated that she would like
to have the use permit granted. If this is not allowed then the Shaklee
and Amway products would have to be in commercial buildings and this
would preclude people from working out of their homeso
Page 458,
May 23, 1978
May 23, 1978
-~ W _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
2. Ralph Memmers, Mr, Memmers commented that besides the
traffic problem the appearance of the business downgrades the appearance
of the area. This would have a bad effect on a potential buyero
3. Adele Perry, Ms. Perry was disturbed by the colorful
bannersa She could see no reason to deny the use permit if the banners
and signs were removed.
Hearing closed to the public and confined to the Board,
Supervisor Lemke stated that the most objectionable part
of the use was the banners and signso If the conditions are met,
there is no reason the use permit could-not be granted.
Supervisor Richter asked the Board to agree to adopt a
policy of not approving use permits in conflict with the General Plan.
Supervisor Richter stated that he would vote for the use pextnit because of zoning.
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and unanimously carried, the appeal of Margaret Crawford was denied;
the use permit was granted to Bonnie Rhodes with the findings that it
conforms to the zoning and the use will not impair the integrity and
character of the zone in which the land lies and that the use would not
be unreasonably incompatible with or injurious to surrounding properties
or detrimental to the health and general welfare of the persons residing
or working in the neighborhood or to the general health, welfare and
safety of the County subject to the following conditions:
1. Construct curb, gutter and sidewalk and necessary road section along
property frontage. Submit plans for same along with drainage plan
to Department of Public Works for approval and install required
facilities.
2. Remove all flags and signs,
Applicant must also comply with all other. applicable State and local
statutes, ordinances and regulations,
78-995 PUBLIC HEARl1TG: THOMAS Jo WARNER - APPEAL OF DENTED VARIANCE TO
ALLOW A MOBILE HOME 48 FEET FROM THE CENTERLINE OF CRESCENT DRIVE .
ON PROPERTY ZONED "RT-1" (SINGLE FAMILY RESIDENTIAL - TRAILERS) LOCATED
ON THE SOUTHWEST CORNER OF CRESCENT DRIVE AND DEL ORO DRIVE, IDENTIFIED
AS AP 63-37-3, NORTH OF PARADISE
•~:-The public hearing on the Thomas J. Warner appeal of denied
variance to allo*a a mobile home 48 feet from the centerline of Crescent
Drive on property zoned "RT-1" (single family residential - trailers)
located on the southwest corner of Crescent Drive and Del Oro Drive,
identified as AP 63-37-3, north of Paradise was held at this time.
Jim Lawson, planning director, set out the background of the appeal,
Hearing open to the public. Appearing:
1. Tom Fletcher, representing Mr. Warner. Mr. Fletcher
set out the width of the street. The street is 46 feet wide including
gutters. The way the mobile home is set up two feet is not going to
make much difference,
2. Mrs. Tom Fletcher. Mrs. Fletcher spoke in favor of the
variance. Their property would be the only ones that would be affected
and they are not against the variance. I£ the mobile home were turned
around there would have to be six trees taken out.
3. Mr. Dorn. Mr. Dorn stated that he helped lay the lot out.
He would not like to see the trees removed.
Page 459.
May 28, 1978
May 23, 1978
4. Mr. Crowther. Mr. Crowther said that the home could not
been seen with the variance. The mobile could not be moved back two
feet because of the septic tank and leach lines.
Hearing closed to the public and confined to the Board.
Supervisor Richter questioned Counsel regarding the findings
that terrain includes trees.
Del Siemsen, deputy county counsel, set out the definition
of terrain. He did not believe that terrain means trees. Mr. Warner
put the septic line's in prior to buying the mobile home.
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and carried, the variance was approved; the appeal was upheld with the
findings the Mr. Warner was denied proper use because of the terrain,
AYES: Supervisors Lemke, Moseley and Chairman Winston. NOES: aS,u,~e sgasn~Richter
78-996 ~[TBLIC HEARING: ARCH MARJ'AMA - APPEAL OF NEGATIVE DECLARATION ~'
CONDITION ~~3 ON USE PERMIT TO ALLOW AN ADDITIONPT DUPLEX FOR A TOTAL OF
TEN DWELLING UNITS ON PROPERTY ZONED "A-2 'LIN].ITED;' LOCATED ON THE WEST
SIDE OF COPELAND ROAD, APPROX. 300 FEET SOUTH OF ELLIiOTT ROAD, IDENTIFIED
AS AP53-131-83, PARADISE
The public hearing on the Arch Marjama appeal of a negative
declaration and condition ~~3 of a use permit to allow an additional
duplex for a total of ten dwelling units ott property zoned "A-2 Limited"
located on the west side of Copeland Road, approximately 300 feet south
of Elliott Road, identified as AP 53-131-53, Paradise was held as
', advertised. Del Siemsen, deputy county counsel, set out the background
of the appeal. The condition is a requirement for filing of a parcel
map which was p'iaced on the'i.use permit. Since that time the conclusion
has been reached that the situation he is proposing does not need a
map,
Hearing open to the public on the negative declaration.
Appearing: No one.
', Hearing closed to the public and confined to the Board,
On motion of Supervisor Lemke, seconded by Supervisor Moseley
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 approved,
Hearing on the use permit open to the publico Appearing:
No one,
Hearing closed to the public and confined to the Board,
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimous 1y carried, based on the findings of the negative declaration,
and counsel's recommendations the appeal was upheld; the use permit was
approved with the findings that it conforms to the zoning and the use will
not impair the integrity and character of the zone in which the land lies
and that the use would not be unreasonably incompatible with. or injurious
to surrounding properties or detrimental to the health and general welfare
of the persons residing or working in the neighborhood or to the general
health, welfare and safety of the County subject to the following conditions:
1, Storm drainage from new duplex must be made to drain to existing
storm drainage systemo
2, Subject to Health Department approval of plans and installation of
septic tank system,
Page 460e
May 23, 1978
May 23, 1978
3. Provide four (4) off street parking spaces 10'feet by 20 feet each,
Applicant must also comply with all other applicable State and local
statutes, ordinances and regulations,
78-997 APPROVE LAND CONSERVATION AGREEMENT AMENDMENTS
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, the following Land Conservation Agreement
'amendments were approved and the Chairman authorized to signs
G and M Ranches and Leah Martin
Richard and Charles Lathrop
.Tack and Penny Williamson
RECESS: 10:06 a.m.
RECONVENE: 10:20 a,m,
78-998 DIRECTION TO COUNSEL RE: ENTERING INTO PREHEARING STIPULATION ON
NOTICE OF INTENTION FOR PG&E FOSSTL FUEL PLANT
Dan Blackstock, county counsel, requested direction from the
Board regarding the entering into of a preheating stipulation on the
Notice of Intention for the PG&E Fossil Fuel Plant. Mr. Blackstock
set out the background of the possible preheating stipulation.
The Energy Commission will not necessarily be strict on the rules of
intervening. There will be a series of workshops, The previous
workshops have been informational in nature. The workshop that will
be attended is possibly going to lead to a stipulated preheating
settlemento Mro Blackstock requested direction as to what the Board
would like to have in the stipulation, Mr. Blackstock will attempt
to keep the avenues open so that additional evidence can be presented, "
with the understanding that they could preclude our giving evidence,
Mr. Blackstock will communicate with the counsulting firm for their
views on the matter.
Chairman Winston commented on the remark made by bon Blake
regarding his position will cost him his job. Chairman Winston stated
that he was performing his job and the Blakes of the world could have
at him. , . _ " .. ';;.,_;-;..~.._
Supervisor Richter fully supported Chairman Winston's statement
of anger and dismay at the statement. He concurred that it was an in-
appropriate statement.
Mr. Blackstock will cover the issues set forth in the Board's
position paper that was made before the Energy Commission. He will
seek to present witnesses at a later time. He was given authority to
enter into a stipulation on behalf of the County and the Air Pollution
Control District.
Mr, Blackstock reported on a proposed meeting with PG&E to
get ideas. He will get a written letter to the Board on the matter.
78-999 REPORT BY COUNSEL ON WATER CONTRACTORS MEETING RE: TASK FORGE REPORT
Dan Blackstock, county counsel, reported on the Water Contractors'
meeting regarding the task force report, The contractors were with one
exception of the same position that Butte County has. The exception was
Metropolitan Water Systemo The task force position is set in concrete,
It is firm. The County is required to take the water and yes you will
have to pay for the full price, They are not letting any contractor
sell outside their area. Mr. Blackstock reported thatButte County has
been trying to seek reln;ef for five years under paragraph 7A of the contract.
Page X610
May 23, 1978
May 23, 1978...
The position of the task force is that if you have contracted for the water
you will pay whether you use the water or not. As far as allowing other
contractors more water, they will sell as surplus water. The recommendation
of the task force is that no contractor can sell water or have an exchange
except for emergency drought conditions.
The task force position is in conflict with the position the
Board took last week. This position was opposed by a great majority
of the contractorso There is no reason for the position except for
the fear they do not have enough water to supply people who are paying
for ito
Counsel was instructed to contact our Senator and Assemblymen
and relate our position on the matter.
78-1000 DISCUSSION'OF WATER ADVISORY COMMITTEE RECOMMENDATIONS CONCERNING
REQUEST FOR CONCURRENCE ON THE SALE OF SURPLUS WATER BY OWID CONTINUED
TO MAY 30. 1978
The discussion of the Water Advisory Committee recommendations
concerning the request for concurrence on the sale of surplus water by
Oroville-Wyandotte Irrigation District was continued to May 30, 1978.
78-1001 AUTHORIZE DEPOSIT TO ACCOUNT OF LAKE MADRONE WATER DISTRICT FUNDS
NOT TO EXCEED $7,500CT0 COME FROM FUNDS COMNCCTTED FOR CONSTRUCTION IN
AGREEMENT WITH LAKE MADRONE WATER DISTRICT
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, deposit to the account of Lake Madrone Water
District, funds not to exceed $7,500 was authorized with funds to come
from funds committed for construction in the agreement with Lake Madrone
Water District.
78-1002 AUTHORIZE HIRING OF DR. GERALD BEHNKE, SUBCONTRACTOR, FOR HYDROLOGX
AND WATER QUALITY PURSUANT TO CONSULTANT AGREEMENT FOR PG&E NOT REVIEW
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and u~lanimously carried, the hiring of Dr. Gerald Behnke, subcontractor,
for the. hydrology and water quality review pursuant to consultant
agreement for PG&E NOI review was authorized,
78-1003 AUTHORIZE LETTER OF SUPPORT TO BE SENT TO DR. ANN BURROUGH~:~ FOOD
SCIENCE DIRECTOR, UNIVERSITY OF CALIFORNIA IN EFFORT TO GET FAMTLX AND
CONSUMER SCIENCE POSITION (HOME ADVISOR) REINSTITUTED IN BUTTE COUNTY
On motion of Supervisor Moseley, seconded by Supervisor Richter
and unanimously carried, a letter of support was authorized to be sent
to Dro Ann Burroughs, food science director, University of California
in an effort to get the Family and Consumer Science position (Home
Advisor) reinstituted in Butte County,
78-1004 APPROVE BUDGET TRANSFERS
', On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the following budget transfers were approved
with the deletion of budget transfers B-199, B-200 and B-201:
~+ B-193 Welfare Administration. This is a $180,565,83 transfer
increasing various appropriations to cover deficiencies in Welfare
Department accounts. A portion of this transfer anticipates welfare
federal aid of $180,000 and state aid of $36,000, The remainder of
funding comes from savings in other welfare budgetary accounts.
Page 462 ,
May 23, 1978
', May 23, 1978
', B-194 Health Services Aeency - County Medical Services. Transfers
$6,001,72 from the reserve to support and care of persons to pxovide an
appropriation for medically indigent billings from hospitals in accordance
with Board of Supervisors approval of May 9, 1978: Minute Order 78-919.
', B-195 Community Action Program - HEW. Transfers $77.38 from
office expense to equipment in order to cover the cost of a file cabinet
for Head Start which was approved by the Board of Supervisors on May 9, 1978.
B-197 Treasurer. Transfers $352 from office expense to
publications and legal notices in order to cover current and anticipated
deficiencies caused by an increase in the number of tax deeded land sales.
B-198 Assessor. Transfers $500 from office expense to publications
and legal notices to cover current and projected deficiencies caused by
SB1 notification requirements.
B-202 Recorder. Transfers $393.89 from outrof-county travel,
and together with $1,700 from the reserve, increases the appropriation
for office expense by $2,093.89 in order to cover the increased prices
of supplies and the large volume of copies made for the District Attorney
and Planning Departments.
B-203 Animal Control. Transfers $6,500 from the reserve, with
$2,000 going toward maintenance of equipment and $4,500 to professional
and specialized services in order to cover the increased vehicle maintenance
required because of the five CETA animal control workers use of vehicles,
and also to cover the additianal amount due to the cities of Oroville and
Chico for pound services in excess of the amount that was estimated in
', the budget.
B-204 Superintendent of Schools, Transfers $4S0 from maintenance
of equipment, $800 from overnight travel, and $500 from other transportation
and travel, thereby increasing the appropriation for office expense by
$1,750. The purpose of the transfer is to cover current costs and
increases in prices of office supplies.
B-205 Personnel. Transfers $1,000 from publications and legal
notices to professional and specialized services in order to cover
current and anticipated deficiencies caused by the number of recruitments
and the requirements to obtain state personnel tests.
', B-206 Central Services - Central Duplicating. Transfers $1,916
from fixed assets - equipment to rents and leases of equipment in order
to cover the rental .cost of equipment prior to securing approval from the
Board for the outright purchase of the equipment.
8-207 Librarvo Transfers $970 from regular salaries and wages
to overtime in order to cover current and anticipated deficiencies caused
by the vacancy of a head librarian position in Paradise which necessitated
the use of part-time employees.
j B-208 Auditor-Controller, Transfers $150 from prior year.
maintenance of equipment, $1,450 from rents and leases of equipment and
$b00 from out-of-county overnight travel, and together with $2,300 from
ttce reserve increases the appropriation for office expense by a total
amount of $4,500, The purpose of this transfer is to cover the current
and projected deficiencies in office expense caused by the purchase of
magnetic ledger cards and related supplies for the NCR 399 bookkeeping
machines that were not anticipated at budget preparation time.
Page 463.
May 23, 1978
May 23, 1978
On motion of Supervisor Madigan, seconded by Supervisor Richter
and carried, budget transfers B-199, B-200 and B-201 were put over to
get a report froze the Auditor and the Sheriff, to be placed on the agenda
', for May 30, 1978, AYES: Supervisors Lemke, Madigan, Moseley and Richter
NOES: Chairman Winston,
78-1005 APPROVE LEASE RENEWAL AGREEMENT FOR PREMISES AT 691 FIRST STREET,
PARADISE COMMENCING MARCH 15 AT A MONTHLY RENTAL RATE OF $225 FOR USE
AS AN.EOC COMMUNITX CENTER OFFICE
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the lease renewal agreement fox premises at 691
First Street, Paradise commencing March 15 at a monthly rental rate of
$225 for use as an EOC community center office was approved and the
I Chairman authorized to sign,
78-1006 DENY REQUEST OF CHICO CLIPPER TO CLOSE OPERATIONS SATURDAY AT NOON
', THROUGH MONDAY OF MEMORIAL DAY WEEKEND
', Clay Castleberry, public works director, set out the request
of the Chico Clipper to close their operations Saturday at noon through
Monday of Memorial Day weekend, .Tim Rowe of the senior citizens has
concurred in the request,
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the request of the Chico Clipper to close operations
Saturday at noon, through Monday of Memorial Day weekend was denied,
78-1007 AWARD BID PARADISE EXPRESS SENIOR CITIZENS HANDICAPPED TRANSPORTATION
SYSTEM
Clay Castleberry, public works director, set out the bids
that had been received. There have been several letters from people
saying that the present service was good, The proposal is about 15%
less than the second bid, Mr, Castleberry has verified the availability
of insurance, Mr, Castleberry recommended award of bid to the Paradise
', Taxi and change of name to the Paradise Stage and authorization of use
of outstanding tickets with the new operators
', Tt was moved by Supervisor Lemke, seconded by Supervisor Madigan
that the bad be awarded to Paradise Taxa, Woodall and Dale, at $2,30/ticket
and $8000/hour for a van when required, subject to full compliance with
the contract provisions and being in operation ,Tuly 1, 1978,
', David Kamp, Chaco set out the xeason his bid was higher than
the bad of Paradise Taxa, He is tkze present operator of the Paradise
Express, Mr, Kamp has been operating in Chico under the ticket basis,
You cannot predict what the cost pex aide will be under less than
two yeaxs, It comes down to a guess, His bid was $2,70/ride with the
provision that it would come down. When the Express was started the
average cost was about $3,60 and now it is down to $2,70, He expects
that the costs wall come down,
Supervisor Richter questsoned the Public Works Director regarding
', the requirement of a performance bond,
Mr, Castleberry stated that a performance bond had not been
required, There are harsh terms and if they are-not met the contract
', could be canceled,
Mr, Blackstock reported that a performance bond cannot be
required. If the Board wishes to require a performance bond the bids
would have to be rejected and the specifications would have to be
changed to include a performance bond,
Page 4b4,
May 23, 1978
May 23, 1978
Vote taken on motion:
AYES.:. Supervisors Lemke, Madigan, `~ichter and Clne.rma~. Winstono
NOES: Supervisor?Mosele.y.
78-1008 APPEARANCE: MANFORD UNDERWOOD, FOREST RANCH
Mr, Underwood had requested a lot split which was denied by
the Advisory Agency on May 16, 1978, He bought the property in Septembero
There was only a 40 foot easement. He was assured by a person in the
County that easements of 60 feet were only required for new splits and
and did not prevent him from splitting his property. Mr, Underwood
stated that he has tried to obtain a 60 foot easement and is unable
to do so, He is proposing to give an access from the south side of
his property. This would give two ways to reach the property.
Mr. Underwood was advised to put his appeal in writing
setting out all of the facts and submit them to the Clerk of the Soard
of Supervisors. This matter would then be set for hearing,
78-1009 APPROVE LETTER TO U.S. FOREST SERVICE SUPPORTING OROVILLE-QUINCY
ROAD (MOUNTAIN HOUSE TO COUNTY LINE) WITH POSSIBLE FOREST SERVICE FUNDING
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried ,.a letter to the U.S. Forest Service supporting
the Oroville-Quincy Road (Mountain House to county line) with possible
forest service funding was approved and the Chairman authorized to sign,
78-1010 APPROVE PUBLIC WORKS ITEMS
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the following Public Works Items were approved:
1. Accepted the work of R. D. Engineering for Cusick Avenue
storm drain, Project No, 56193-78-1; authorized Chairman to sign Notice
of Completion and the Clerk was instructed to record said Notice of
Completion with the Recorder.
2. Accepted the work of C, C, 'Meyers, Inc, for Skyway Bridge
at Sutte Creek, Project No. 51261-76-1; authorized Chairman to sign
Notice of Completion and the Clerk was instructed to retard said Notice
of Completion with the Recorder.
3. Adopted Resolution 78-98 approving Local Agency/State
Agreement for Federal Aid Projects - Master Agreement No. 03-5912 and
the Chairman authorized to sign,
4, Adopted Resolution 78-99 ~rpx+vv3ag Program Suplements No, 1
and No, 2 to Local Agency/State Master Agreement No. 03-5912 and the
Chairman authorized to sign.
78-1011 APPROVE ISSUANCE OF CERTIFICATE OF COMPLIANCE WITH NO CONDITIONS
ANTHONY DALEY {AP 62-52-14) AND AUTHORIZE REFUND OF $100 APPLICATION FEE
', On motion of Supervisor Moseley, seconded by Supervisor Madigan
and unanimously carried, issuance of a certificate of compliance with
no conditions for Anthony Daley, AP 62-52-14 was approved and refund of
$100 application fee was authorized,
78-1012 APPROVE CONTRACT WITH COOK ASSOCIATES FOR SOUTHEAST BUTTE COUNTY
DRAINAGE STUDY AND MASTER PLAN
Clay Castleberry, public works director, set out the background
of the drainage study and master plan. This would be for the follawing
areas:
Palermo detailed master plan $42,424
Wyman's Ravine generalized master plan 37,680
Page 465.
May 23, 1978
May 23, 1978
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, the contract with Cook Associates for the
Southeast Butte County drainage study and master plan as follows
was approved with the funding to come from the Revenue Sharing
Community Development Fund to be repaid when development occurs or an
assessment district is formed with a deducting of $4,000 and the
Chairman authorized to sign contract:
Palermo detailed master plan $42,424
Wyman's Ravine generalized master plan 37,680
78-1013 ADOPT RESOLUTION 78-100 DEVELOPMENT STANDARDS IN PAi2ADISE AREA
Clay Castleberry, public works director, set out the background
of the development standards for the Paradise area. The subdivision
ordinance requires that concrete sidewalks be required, This development
standard would allow for asphalt walks in certain areas of Paradise,
It would also providesfor paths away from the curbing, Mr. Castleberry
recommended approval of the resolution. There will be certain roads
that concrete curbs, gutters and sidewalks will be required but 85%
will be deleted.
Discussion open to the public: Appearing;
1. Warren Humbert, chairman, MAC. Mr. Humbert stated that
MAC had discussed curbs, gutters and sidewalks at their meeting last
night. MAC would like to thank Mr. Castleberry and the Board for
relaxing the requirements for sidewalks in the Paradise area. The
people in Paradise would like to have more pathways. There was a
concern regarding the requirement for curbs, gutters and sidewalks
along Pentz Road. The people were not in favor of this,
2. Adele Perry. Ms. Perry commented that most people are
upset with curbs, gutters and sidewalks.. Ms. Perry stated that she
would like to have an explanation of the requirement for curbs,
gutters and sidewalks for commercial and subdivisions. This would
make a hodge podge of sidewalks in Paradise.
Mr. Castleberry stated that the owners are authorized
to sign a covenant on a four parcel split to postpone improvements.
3. Garrett Burt. Mr. Burt felt that the Board should take
into consideration the wishes of the community in requiring curbs,
gutters and sidewalks as opposed to pathways.
4. Lloyd Gross, Mr. Gross agreed with the other speakers.
He felt that Paradise does need wider shoulders on the roads. If a
person had a flat tire they would be unable to pull off the side of
the road,
5. George Harvey. Mr. Harvey stated that there is no place
for people to walk along the xoads. There is no place for a car to
pull off the road. Mr. Harvey felt that there are several dangerous
places in Paradise that need walkways.
6, Charley Kilgore. Mr. Kilgore stated that he came to
Paradise because he liked the environment. He would like to see it
kept the way it is to a great extent. Pentz~ Road should remain
rustic and scenic.
On motion of Supervisor Zemke, seconded by Supervisor Moseley
and unanimously carried, Resolution 78-100 adopting development standards
in the Paradise area was adopted and the Chairman authorized to sign.
Page 466.
May 23,.1978
May 23, 1978
78-1014 MODIFY PURCHASE ORDER 26224 WITH ROLLS, ANDERSON AND ROIaLS FOR
CONSULTANT SERVICES FOR CHAPMANTOWN AREA STORM DRAIN AND REHABILITATION
DESIGN: ADD ADDITIONAL $1,500 TO CONTRACT FOR PLANS. FOR .SEWER SYSTEM
ADOPT POLICY TO INCLUDE INTO THE PROJECT THE SEWER PLANS
Discussion of adding community sewers as a part of the Chapmantown
area stoxm drain and rehabilitation design held at this times Clay
Castleberry, public works director, stated that an additional $1,500
would be needed for the engineering. The funding for the project is
coming from two sources: revenue sharing money and street improvements.
Larry Brooks, Administrative analyst, set out the need for
a sewer system in Chapmantown. There is a health problems There will
be public improvements and rehabilitation of the homes on septic
', tanks that do not meet health standards. There will be a need to
go in later and tear out the public improvements when the .sewer lines
are put in, The South Oroville area did not have this problem as
', there were already sewers in the area.
Discussion of having the property owners pay for the
sewer system had at this time.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, a policy was adopted to include into the
project the sewer plan; the present design contract with Rolls, Anderson
-and Ro11s was amended to add an additional $1,500 for plans for the
sewer system and the Purchase Order 26224 was madified to include the
change.
78-1015 AWARD BID: PARKING LOT AT SUPERIOR COURT PROJECT N0, PL-71-1
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the bid of Robinson Constructions Co, in the
amount of $55,475.50 was awarded; use of current revenue sharing funds
', were authorized to be transferred in the amount of $15,475.50 for the
contract; $2,000 in revenue sharing funds were authorized to be spent
in conjunction with the project for existing contingency to put in
'. the conduits for the Administration Buildings
78-1016 AUTHORIZE TRANSFER OF $10,000 FROM SB325 FUNDS FOR CONTINUED
OPERATION OF OROVILLE EXPRESS TO JULX 1, 1978: CONTRACT TO BE EXTENDED
TO JULY 1,,,,1978
Clay Castleberry,. public 'works director, set out the request
to extend the service of the Oroville Express to July 1, 1978 and a
transfer of $10,000 from SB325 funds £or this purpose. Mr. Castleberry
stated that he will bring back a contract amendment next week for
approval,
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, a transfer of $10,000 from SB325 funds for
operation of the Oroville Express to continue to July 1, 1978 was
authorized and the contract was extended to July 1, 1978.
78-1017 PUBLIC HEARING DATES SET
The following public hearing dates were set:
1, A public hearing date of June 20, 1978 at 10:00 a,m, was
set for Thomas S. Handy - approved negative declaration and rezone from
"A-2 " (general) to "TM-2 ," "TM-5" and "TM-10" (timber mountain two, five
and ten acre parcels) property located on the east side of Cohasset Road,
approximately 1-1/2 miles south of Vilas Road, identified as AP 56-01-31,
56-02-69 and 56-02-70, containing 244 acres, mere or less, north of Chico
2. A public hearing date of June 20, 1978 at 10:15 a.m. was
set for Firestone Stimpson Inc. - approved environmental impact report
Page 4670
May 23, 1978
May 23, 1978
and rezone from "A-2 limited" to "PA-C" (planned area-cluster) and "C-2"
(general commercial) property located approximately 220 feet north of
Skyway, approximately 120 feet west of Schmale Lane, identified as a
portion of AP 51-22-70, containing 10 acres, more or less, Paradise,
78-1018 ADOPT RESOLUTION 78-101: RESOLUTTON OF TNTENT AND SETTING PUBLIC
HEARING DATE ON NORMA STRANG ABANAONMENT OF A PORTION OF FOLK AVENUE
BOUNDED ON THE WEST BY THE EAST LINE OF BOYNTON STREET AND ON THE EAST
BY THE WEST LINE OF GRACE STREET IN THE WESTERN PACIFIC ADDITION TO OROVILLE.
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, Resolution 78-101 of intent and setting a public
hearing date of June 27, 1978 at 10:00 a,m. for Norma Strang abandonment
of a portion of Polk Avenue bounded on the west by the east line of
Boynton Street and on the east by the west line of Grace Street in the
Western Pacific Addition to Oroville was adopted and the Chairman authorized
to signo
78-1019 INSTRUCT PUBLIC WORKS AND HEALTH DEPARTMENTS TO NO LONGER ISSUE
AFFIDAVIT DECLARATIONS TO PUT SECOND DWELLINGS ON PROPERTY: AUTHORIZE
ANY LEGAL, ACTION NECESSARY TO ABATE SECOND DWELLING ON WALDO STAFFORD
', PROPERTY
', Jim Lawson, planning director, set out the background of
the complaints by neighbors of Waldo Stafford, Mr, Stafford signed
an affidavit and installed a mobile home, He has rented this mobile
home. Mr> Lawson does not feel that the affidavit system should be
used. The affidavit specifies that the second unit is not for sale,
lease or financing. These affidavits are issued through the Health
and Building Departments. There is no follow through on the inspection,
On motion of Supervisor Madigan, seconded by Supervisor Richter
and unanimously carried, the Public Works and Health Departments were
instructed to no longer issue affidavit declarations to put a second
'. dwelling on a piece of property.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, Counsel was. authorized to take any legal action
necessary to abate the second d welling on the Waldo Stafford propertyo
78-1020 APPOTNTMENTS CONTINUED TO MAY 30, 1978
The following appointments were continued to May 30, 1978:
Committee.
1, Appointment to the Oroville Mosquito Abatement District.
2. Appointments to the Housing and Community Development Advisory
3. Appointment to the Butte County Council for Senior Citizens.
78-1021 REPORT BY PLANNING ON REVISION OF THE GENERAL ELAN
Jim Lawson, planning director, reported on the revision of the
general plans Mr. Lawson introducted Kyle Butterick who is a new Planner III.
He will be working on the general plan update. The general plan amendments
are in the environmental review process. There is a question of conflict
between the text and the map in the land use portion of the general plan,
fihe revisions of the text will be finished July 5, 1978 and the Planning
Commission will review the final draft, There are. two hearing s_, highway 32
and the Esplanade, that are going to be in process, They are in environ-
mental review at the present time, In addition, there are several
zoning proposals.
Page 468.
May 23, 1978
', May 23, 1978
78-_1022 APPEARANCE: AL AN-ERSON, ASSESSOR
Al Anderson, assessor, appeared to discuss rumors circulating
regarding the holding up of assessments until after the June election.
Mro Anderson stated that his office is mailing out assessments as usual,
The assessments were not mailed yesterday as he had not received a check
for the postage until today. Mr. Anderson felt that the assessment
notices should be mailed ".the same way they have always been mailed
so that people could come into the office and discuss problems so
it would not force them to go tb the Assessment Appeals Board,
', The procedures have not been changed.
78-1023 ADDITIONAL MATTER PRESENTED BY COUNSEL
', Del Siemsen, deputy county counsel, stated that the Board had
',' been served with a Writ of Mandate by John Pliippeny.
78-1024 ADDITIONAL MATTER PRESENTED BY SUPERVISOR MA-IGAN
Supervisor Madigan asked if anyone was going to .the RCRC meeting
to be held tomorrow. There will be a BCAG meeting and he will be unable
to attend,
Supervisor Madigan to notify RC that there will be no one
in attendance at the meetingo
ADJOURNMENT
There being nothing further before the b and at this tim
meeting was adjourned at 12:25 p.m, reconvene o T day, y 3
at 9:00 a.m,
ATTEST: CLARK A. NELSON, COUNTY CLERK \
By_ _~ __zf.~~~`/~' Cha, and of
the
Page 4690
May 23, 1978