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June 21, 1977
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present;
Supervisors Lemke, Moseley, Winston, and Chairman Richter. Clif Mickelson
Administrative Officer, Jim Griffith, deputy County Counsel, and Clark A. Nelson,
County Clerk, by Margie Catt, Clerk of the Board.
Absent: Supervisor Madigan
Pledge of Allegiance to the Flag of the United States of America.
Invocation by Supervisor Lemke,
-1203 APPROVAL OF MINUTES
On motion of Supervisor Winston, seconded by Supervisor Lemke and carried,
the minutes of June 14, 1977 were approved with the correction. on Page 252, item 77-1152,
to substitute the word garbage for the word trash now within this item.
77-1204 COMMUNICATIONS
John M. Bremner, Chico, Mr. Bremner writes concerning proposed reconstruction of Chico
~~/ G a River flood. piscussed; referred to Public Works ,Director.
Butte Creek Rock Company. The Company writes concerning the County's utilization
of motor vehicle in-lieu taxes. Discussed; felt this should be a policy decision.
~~ ~, ~0 To be resolved during budget time.
Minasian, Minasian, Minasian, Sprvance & Bober. The Attorneys send notification that
Jack Bums has resigned as a director of the Lake Madrone Water District.
~Qp, ~"'~ Referred to Administrative Officer for posting.
Tom Rogers, Oroviile. Mr. Rogers writes appealing the Board of Zoni ng Adjustment's
denial of a use permit for a duplex on Foothill Blvd. in Oroville, AP 36-54-09
(portion). Set for hearing on July 19, 1977 at 10:45 a.m.
~~3, pD
Gordon L. Shields, Paradise. Mr. Shields, on behalf of Larry Wrobel, appeals conditions
of the Advisory Agency relating to curbs, gutters and sidewalks for a tentative parcel
map AP 54-152-01, three lots, east side of Pearson Read at Libby Road intersection,
/J 3 •o~ Paradise. Set for hearing on July 19, 1977 at II:00 a.m,
Lippincott Surveying, Paradise. The Surveyors, on behalf mf Jack Smith, appeal the
Advisory Agency's denial of a parcel map AP 53-II-29 and 53-D4-32, two lots, south
side of Clark Road, 600 feeF north of Central Park Drive, Paradise. Set for
113 ~ oS~ hearing on July 19, 1977 at 11:30 a,m.
Dunn's Sanitary Service, Inc. The firm submits a claim in the amount of $565.26 as a
result of damage sustained to one of their vehicles at the Neal Read landfill.
/D d ..2 $~ Refer to County Counsel ,
Larry D, McKinney. Mr. McKinney writes concerning a bonding problem on the paving
contract at the Butte County Fair Grounds in Gridley and re vests his bid deposit
be returned. New letter has been received; they now have the bond problem solved.
sJa 3 •~ o Bid has been awarded to them; no action needed at this time.
Page 266.
June 21, 1977
~"`
McCain Associates, Chico. The Engineers, on behalf of 5t. Clair Construction Company,
appeal the Advisory Agency's decision relating to drainage requirements for Fern
~~'~.25~ Court Subdivision, AP's 43-0480, 93, 95, and 97, between Ilth and 12th
Avenues, 150 feet east of Fem Avenue, Chico. Set for hearing on July 19, 1977
at 11:45 a.m.
Butte County Economic Opportunity Council, Inc. The Council writes concerning the
p o establishment of a Welfare Office in Chico. Chairman Richter suggested that a hearing
G2~• be held in Chico in the evening. Administrative Officer to set hearing for later date.
Thermalito Irrigation District. The District writes concerning Round !I of the local Public
Works program and requests fhe opportunity fo send representatives to prioritizing
/DO• S7 meetings. Chairman Richter appointed committee of himself and Supervisor Lemke;
Administrative Officer to set up the meeting on this matter.
Butte County Association of Governments. The Association farwards its recommendations
~p~ • 5~ conceming animal control activities. Chairman Richter reported on this matter;
hearing set for June 28, 1977 at 10:00 a.m. to get public input and far discussion.
William P. Mace, Paradise. Mr. Mace writes conceming the Stoneson Development
Company application for rezone in Paradise. Discussed; referred to County Counsel
~~ 3' ~ ° for his study and comments.
State Department of Water Resources. The Department forwards the [977-78 statement of
//• v J cost for watermaster service in the Butte Creek service area. Referred to
Auditor.
State Department of Water Resources. The Department forwards the estimated water supply
4•// ~ o contract charges for the 1978 calendar year. Referred to Administrative Officer.
State Solid Waste Management Boarcl. The Department writes conceming the enforcement
of solid waste management standards and permits required under the provisions of
Assembly Bill 2439 which was adopted last year. Clay Castleberry, Director of
~~ ~~ o ~ Public Works, requested permission to invi#e representatives from this Board up to
Butte County to explain the fees that they are to charge. Board granted authorization
to Mr. Castleberry to invite representatives to a Board meeting to explain this
letter.
Gary Roza. Writes requesting an earlier hearing, rather than on July 19th. No action
taken. Board has no earlier hearings available and this has been published in
//3 •00 paper setting the time of hearing.
Mrs. Mary Ann Maguire. Requests a continuance of her hearing set for this morning.
//~ • 0 S~ Hearing continues to July 26, 1977 at 10;00 a.m.
Frances M. Bedford. Appeals decision of Advisory Agency denying application for a
/ / 3.O S' tentative parcel map. Set for hearing on July 26, 1977 at 10:15.
Mr. Dunstone. Supervisor Lemke commented on letter from Mr. Dunstone regarding
his assessments. Letter discussed. It was stated that the tax rate would be going
up. it was stated that the Auditor had given an estimate of the fund balances but
//~• oo that there was a question about the revenue. Supervisor Lemke stated that
people were voicing their concern about the increase in the budget. No action taken.
77-1205 WAIVE SECOND READING OF SALARY ORDINANCE AMENDMENT: ADOPT
ORDINANCE 1632
On motion of Supervisor Winston, seconded by Supervisor Moseley aryl carried,
second reading of salary ordinance amendment granting a 5% pay increase for a!I county
employees except appointed and elected officials was waived.
AYES: Supervisors Lemke, Moseley, Winston and Chairman Richter
ABSENT: Supervisor Madigan
Page 267.
June 21, 1977
~ ^~
On motion of Supervisor Winston, seconded by Supervisor Lemke and carried,
Ordinance 1832 amending the salary ordinance was adopted and tha Chairman authorized
to sign.
AYES: Supervisors Lemke, Winston and Chairman Richter
NOES: Supervisor Abseley
ABSENT: Supervisor Madigan
77-1206 ADOPT RESOLUTION 77-100 AMENDING THE PERSONNEL RULES
On motion of Supervisor Winston, seconded y Supervisor Lemke and carried,
Resolution 77-100 amending the parsonnef rules pursuant to the items in the memorandum
of understanding with the employees' organization was adopted, to become effective
July 23, 1977, and the Chairman authorized to sign.
77-1207 PERSONNEL DIRECTOR AUTHORIZED TO NEGOTIATE INCLUSION OF BUTTE COUNTY
FEDERAL CREDIT UNION UNDER COUNTY HEALTH INSURANCE .PLAN
The Butte County Federa Credit Union as requested for their staff
to be covered under the county health insurance plan. This is penrissable under
the memorandum of understanding.
On motion of Supervisor Winston, seconded by Supervisor Lemke and carried,
Personnel Director was authorized to negotiate inclusion of the group at no county cost.
Tl-1208 APPROVE CETA VOCATIONAL EDUCATION GRANT
The Manpower Planning Counci recommends extending the vocational educational
program through fiscal year 1978. This program involved forty participants who, in
addition to work texperience training, attend established vocationai courses through Butte
College or adult education.
On motion of Supervisor Lemke, seconded by Supervisor Moseley and carried,
vocational education grant and program in the amount of $84,068 for fiscal year 1978
was approved and the Chairman authorized to sign.
77-1209 APPROVE PLACEMENT RATES FOR REHABILITATION FACILITIES 8 HOMES
T e Pro ation ffieer rwards t e p acement rates for re a i itation foci hies
and homes to be used by Probation and Welfare for the upcoming #iscal year.
On motion of Supervisor Lemke, seconded by Supervisor Winston and carried,
placement rates were approved.
77-1210 AUTHORIZE PURCHi4SE OF COAT TREES FOR DURHAM LIBRARY
~ rarian requests aut rization Po purc ase a coat tree rom the equipment
account at a cost of $39 plus tax for the Durham Library.
On motion of Supervisor Winston, seconded by Supervisor Lemke and carried,
the Librarian was authorized to purchase a coat tree from the equipment account at a
cost of $39 plus tax for the Durham Library.
77-1211 AUTHORIZE UPPER RIDGE FIRE STATION EQUIPMENT
The Fire Department has su muted a ist of furniture, appliances and shop
equipment to put the Upper Ridge Fire Station into service which is estimated to be completed
by mid-August. Equipment totals $6,525. It is recanmended that the equipment items be
purchased with revenue sharing funds.
Page 268.
June 21, 1977
____---------=====June2lti4J~====__=====c=====
On motion of Supervisor Winston, seconded by Supervisor Lemke and carried,
purchase of equipment for Upper Ridge Fire Station was authorized, with funding to come
from revenue sharing.
77-1212 CHAIRMAN AUTHORIZED TO SIGN EDf~/LOCAL PUBLIC WORKS GRANT
NOTICE OF INTENTION
t is requested t at the Board designate two members to meet with Butte
Community College District to discuss funding distribution under the local Plihlic
Works planning target. Discussed.
On motion of Supervisor Lemke, seconded by Supervisor Winston and carried,
the Chairman was authorized to sign the notice of intention of funding distribution under
the local Public Works planning target, which must be in Seattle by June 23, 1977.
77-1213 BUDGET TRANSFERS APPROVED
On motion of Supervisor Winston, seconded by Supervisor Moseley amd carried,
the following budget transfers were approved:
H-166 District Attorney - Famil Support. Transfers $170
~eserve and to ether wit 510 from unanticipated federal
sue fama.ly support to the equipment account in order to
.de the necessary office equipment for two additional staff
ors which were approved by the Board of Supervisors on
~ 29, 1977.
B-16 Library. Transfers X1,550 from overtime to extra
he p,~00 from equipment maintenance to rents and leases of
eq~ipment, $'73.82 from out of county travel to other transportation
an~ travel, and $1,000 from prior year building and ground services
re~eived to maintenace of structures. The purpose of this transfer
is to cover various existing and anticipated deficits within the
de artment.
' .~B-168 Manpower Pro~am. Transfers ~8 975 from CETA Title VI
administration, with 1 2
~!'~~' s -` $ 5 3 gain toward office expense, X2,300 to
rex~.ts and leases of equipment, 450 to out of county travel, X1,2'75
to other transportation and travel, and X3,425 to equipment. 1'he
p ose of this transfer is to provide an appropriation for materials
and supplies to operate the County's CPR/First Aid Training Project.
B-16 Agriculture. Transfers X500 from professional and
~p cia ized services to equipment maintenance in order to correct
anerror on a budget transfer previously approved by the Board
B~ Fire Fratection. Transfers 9#750 within the rents and
Leases of eq iu pments on the Sahedt3ls A contract aa1 X443 from the
fo unteer program radio maintenance account, with #250 going
to ash. equipment ~ma~intenance, X443 to radio maintenance, and X500
to vehicle maintenance. The purpose of this. transfer is to cover
ex~sting and anticipated deficiencies within the various maintenance
accounts.
.. ~~- _ . .
Page 264.
Jvn a 21, 1977
~ ~~
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B~ Plant and eauivment ac uisition. Transfers ~2,fi9j.20
from the reserve to structures n order to provide an appropriation
tocover services provided by the Public Works department in the
preparation of the Bi-.Centennial Park project.
$-172 Community Action Pro~am -Head Start. The purpose of
transfer is to establish a budget appropriation for th.e Hutte
ty Head Start training and technical assistance grant that was
owed by the Department of Health Education and Welfare on
5, 19~~. Establishes can appropriation far salaries. and wages!
employee benefits, $25f consumable supplies, X8$5; contractual,
transportation end travel, l1;1,1~5; and other costs, #205.
ing is from unanticipated federal revenue (Head Start).
77-1214 PUBLIC HEARING: GINTER & BROWN-USE PERM7IT TO ALLOW A SIGN 42 FEET
FROM CENTERLINE OF EAST AVE. CFfICO
The pu is hearing on the Ginter & Brown use permit to allow a sign 42 feet
from the centerline of East Ave. on property zoned C-2 (general commercial) located on
the south side of East Ave., approx. 400 ft. east of the Esplanade, identified as
AP 44-121-56, Chico, was held as continued from June 14, 1977. Supervisor Winston
and Chairman Richter went out and looked at the site. There are other signs out further
than this is proposed to be placed. Supervisor Winston stated that based on the recom-
mendation of Public Works, he would move to approve the appeal. Hearing opened to
the public. No orie appeared; hearing closed and following action taken.
On motion of Supervisor Winston, seconded by Supervisor Moseley and carried,
the appeal was upheld and the Board approved the use permit fn allow the sign to be
placed 42 feat from the centerline of East Ave, on property zoned C-2 (general
commercial) located on the south side of East Ave., approx. 900 fF. east of the
Esplanade, identified as AP 44-121-56, Chico.
77-1215 APPROVE TRANSFER: BUTTE COUNTY FAIR
The Fair Board requests a transfer of $6,000 from their reserve account to their
emergency and special deferred maintenance account in order to make repairs to the
air conditioning and' the heating system in the cafeteria.
On motion of Supervisor Moseley, seconded by Supervisor Winston and carried,
transfer for Butte County Fair in the amount of $6,000 from their reserve account to
their emergency and special deferred maintenance account in order to make repairs to tha air
conditioning and heating system in the cafeteria was approved and the Chairman authorized
to sign.
77-1216 APPROVE E.O.C. BYLAWS REV1510NS
A review of the yaws as en made and revisions suggested by County Counsel
has been incorporated into the documenF.
On motion of Supervisor Winston, seconded by Supervisor Moseley and
carried, E.O.C. bylaw revisions were approved.
77-1217 APPROVE REVISIONS OF PERSONNEL POLICY MANUAL, COMMUNITY ACTION
In accordance wit requirements of t e Stria Office of Economic Opportunity contract,
E.O.C. must provide broader avenues of grievance appeals process for the State CETA
contract employees. A revision to tha personnel policy manual has been made to
conform to these requirements. Page 270.
June 21, 1977
T"
June 211 (977
On motion of Supervisor Winston, seconded by Supervisor Lemke and carried,
revision of personnel policy manual for E.O.C. was approved.
TI-1218 APPROVE ENERGY CRISIS INTERVENTION GRANT
A proposed grant has been prepared to the Stbte Office of Economic Opportunity in
the amount of $141,536.9a (Federal share) to identify and provide voucher type
assistance to poverty households. Grant discussed.
On motion of Supervisor Winston, seconded by Supervisor Lemke and can-led,
energy crisis intervention grant approved and the Chairman was authmrized
to sign.
77-1219 AUTHORIZE CALL FOR BIDS, SOUTH OROVILLE IMPROVEMENTS
P ens and specifications or is `s Improvements vii Bout
Oroville have been completed. Project area is to be between Spencer and D Streets,
and Fallbrook and Fort Wayne Streets at an estimated cost of $165,000. Funding
will be from the Housing and Community Development block grant.
On motion of Supervisor Winston, sewnded by Supervisor Moseley and
carried, Public Works Depa-tment was authorized to issue call for bids for the South
Oroville improvements.
77-1220 CHAPMANTOWN IMPROVEMENT PROJECT: AUTHORIZE ENGINEERING WORK
Pu is Works Director reported on Rolls, Anderson $ Rolls Consultant
proposal and funding requirements for Chapmantown improvement project. Funding
for the project discussed.
Mr. Cannerly wmmented on the project; he set out ways the project and
engineering could be funded. He suggested that funds be transferred to do the
engine~aring work by Rolls, Anderson & Rolls. This is the engineering far about a
three ar four block area; would be for the final drainage plans and street work-
curbs, gutters and sidewalks.
Clay Castleberry, Director of Public Works, indicated that the Board
could re-generate funds into residential rehabilitation for the project. The
balance of the project could be from street work in the Public Works budget,
and Mr. Castleberry suggested that the balance could be taken from completed
work orders, in the amount of $25,000.
Supervisor Winston suggested that the Board could go ahead with the
engineering work and withhold action on the funding.
Mr. Cannerly stated that the basis action would be for the re-direction
of the Public Woorks funds into rehabilitation for the project. He would also like
authority to tell MUD that the Covhty would Like to exchange the $85,000
revenue sharing funds in exchange for the $30,000 for Publte Works funds.
Action to be taken discussed.
On motion of Supervisor Lemke, seconded by Supervisor Moseley and carried,
Roll;s Anderson 8 Rolls Consultants were authorized to do the engineering proposal
Page 271.
July 21, 1977
~ n.
for the Chapmantown improvement project, indhe~cmaiurfi of ;$l2~,50U;•to'come
fwrri~HCD~.Bloabdatac~t~a~C~}V~rtksi,Aecawitr,„~bnFli~Sptoved o transfer of Funds
from Public Works Acct. to rehabilitation in the amount of E30,000, if HUD approves.
77-1221 PUBLIC.HEARlNG-MARY ANN MAGU4RE-APPEAL OF DENIED PARCEL MAP, NO RI
NORTH SIDE OF CLARK ROAD NORTH OF KILCREASE DRIVE PARADISE
The Pu !ic hearing on t e Mary Ann Maguire appeal of denied parcel map,
AP 50-14-69, two lots, north side of Clark Road, 20 feet north of Kilcrease Drive,
Paradise, was held as advertised. Letter requesting continuance acknowledged.
Hearing opened to the public. No one appeared; hearing continued to July 26,
1977 at 10:00 a.m.
RECESS: 9:55
RECONVENED: 10:00
77-1222 PUBLIC HEARING-CHESTER SMITH-APPEAL OF CONDITION NO.
RELATING TO DEPOSIT TO COVER ROAD IMPROVEMENTS, FIRE PROTECTION
AND STORM DRAINAGE ON CERTIFICATE OF COMPLgANCE, MER[DAN AND
MUNJAR NORTH OF CHICO
The pu is caring on t Chester Smith appeal of condition No. I relating
to a deposit to cover road improvements, fire protection and storm drainage on a
certificate of comploance granted for property located on the southeast comer of
Meriden and Muniar Roads, north of Chico, AP 47-22-50 was held at this time.
Staff set out the background of this appeal.
Clay Castleberry, Directoraf Public Works, stated they had a meeting
with the District Attorney's office to discuss this matter. He is looking for
guidance from the Board in this matter.
Hearing opened to the public. Appearing:
1. Jefferson Brown, attorney for Chester Smith. He stated that Public
Works had been requested to get an estimate on this from Ringel to do the work.
The Smiths are in the position of not knowing the amount required to be posted.
Mr. Brown stated the County should come up with the fiigure that would be
required to be posted or they should delete the condition.
Supervisor Winston commented on the background of this area. These
people were willing purchasers; they knew they were getting an unpaved road and
bad drainage. He stated he apposes the formation of on assessment district
for this work. Ghainnan Richter suggested that maybe the Board could discuss
this area with the District Attorney in an executive session. Supervisor VYnston
stated that this was the area that started the whole land split problem. He stated
he would welcome the District Attorney ro come down to the meeting so he could
askF~him some questions.
District Attorney to be requested to appear before the hoard to answer
questions of the Board members.
Hearing wntinued to Tuesday, June 26, 1977 at 10:00 a,m.
Page 272.
June 21, 1977
~,
________________.~.~n~21cL4Z7=====__=~===s-~---
77-1223 PUBLIC HEARING: CHARLES CAREY»APPEAL OF CONDITIO NS ON
SUBDIVISION MAP, AP 47-22-50, SEVEN LOTS, NORTH EAST CORNER OF TEHAMA
ANp 24th 5TREETS OItOVILLE
The pu is Wring on t e Charles Carey appeal of conditions on
subdivision map, AP 47-22-50, seven lots, north-east comer of Tehama and
20th Streets, Oroville was held at this time. Mr. Castleberry set out the area
of this map and conditions. He stated that to be consistent he would have to
recommend that the urban improvements for the curbs, gutters and side walks
be required.
Hearing opened to the public. Appearing:
(. Charles Carey, property owner. He set out his justification for
this appeal. He stated that there are no sidewalks in this area, except one
lot down the street from this parcel. Requirement for curbs, gutters and
sidewalks should be removed. Fie also objected to the deposit for drainage.
Hearing closed to the public and confined to the Board.
Conditions set out and discussed. The key condition is No. b, for
the installation of curbs, gutters and sidewalks and to submit plans for the road.
On motion of Supervisor Winston, seconded by Supervisor Lemke and
carried, appeal of Charles Carey was denied.
AYES: Supervisors Lemke, Winston and Chairman Riahter
NOES: Supervisor Moseley
ABSENT: Supervisor Madigan.
77-1224 PUBLIC HEARING-WILBUR MILLS-APPEAL mF CONDITIONS ON
TENTATIVE PARCEL MAP, AP 25x25-4, THREE LOTS, NORTH SIDE OF ORD RANCH
ROAD EAST OF LARKIN ROAD INTERSECTION GRID LEY
The pub is eating on the Wil ur Mil s appeal of conditions on
tentative parcel map, AP 25-25-4, three lots, north side of Ord Ranch Road,
east of Larkin Road intersection, Gridley held at this time. Mr. Castleberry
set out the background of the appeal. Water storage tank for fire fighting
purposes required. There are no hydrants in thafi area. Mr. Castleberry felt
there should be a connection to the wells for fire purposes. Some of these water
storage tanks are peaty inpractica,l.
Hearing opened to the public. Appearing: no one. Hearing closed to
the public and confined to the Board. Board discussed matter of water tank for
fire fighting purposes. Suggested that a fitting could be required io be placed
on the well., which in the good judgment of Mr. Castleberry and the Fire Department
would be able to draw water from the well in the event of fires.
On motion of Supervisor Winston, seconded by Supervisor Lemke and
carried, the appeal of Wilbur Mills was upheld, condition for water storage tank
waived, with the requirement that fitting be fitted to the well for fire fighting
purposes, to handle a hose, and that the fitting be accessible to the fire fighters.
77-1225 PUBLIC HEARING-ERROL H. HALL-RECONSIDERATION OF TENTATIVE PARCEL
MAP, FOUR LOTS, NORTH SIDE OF HIGHWAY 32, BETWEEN MUIR AND KENNEDY
AVENUES CHICO
e pu is axing on the,Erto1?H. Hall reconsideration of tentative parcel
Page 273, tune 21, 1977
^, ~
map, four lots, AP 42-09-Q6, north side of Highway 32, between Muir and
Kennedy Avenues, Chicq,held as continued from June 7, 1977. Mr. Castleberry
set out the background of this tentative parcel map.
Earl Nelson, Environmental Review Director, stated #hat it was
found that a negative declaration was appropriate. The property lies
betvreen a railroad and a bury highway. It is a conversion of Ag Land to
residential. Access problem set out. It had been suggested that the applicant
could come up with an altemative access plan.
Hearing opened on the negative declaration. Appearing:
(. Cal Bachman, engineer on the project. He stated that the
developer had looked nt altemative access plans. It was their feeling
chat the access should not be changed. He stated that they would save
as many of the trees as possible. Area set out.
Hearing on the E.I.R. closed to the public and confined to the
Board.
It was moved by Supervisor Winston, seconded 6'y Supervisor Lemke and
carried that the proposed project mould not have a significant effect on the
environment and that a negative declaration should be prepared.
Hearing on the project opened at this time. Appearing: no one.
Hearing closed to the public and confined to the Board.
Project discussed. Area is industrial in nature. Chairman Richter
sttoted that because of the scarcity of rai Iroad frontage, the plan should
reflect this scarcity. He stated that there was also a noise problem from
the railroad.
Jim Lawson, Planning Director, recommended that this be denied.
On motion of Supervisor Lemke, seconded by Supervisor IArnston and
carried, the En•ol H. Hall tentative parcel map, Chico, was denied, based
on the fact that it is inconsistent with the General Plan.
77-1226 PUBLIC HEARING: COUNTY SERVICE AREA NO. 13, LEVYING OF
DIRECT ASSESSMENT CHARGE TO EACH OF 70 PARCELS IN THE HERMAN ROAD
AREA OF PARADISE FOR EIGHT STREET LIGHTS: ASSESSMENT APPROVED
The pu is caring of County Service Area No. 3, evying of direct
assessment charge to each of 70 parcels in the 16~erman Read area of Paradise
for eight street lights.wh§~he~d?atpFhisditmeJiaMr. Castleberry set out the background
of the matter, Purpose of the assessment explained.
Hearing opened to tha public. This hearing is for the purpose of
the Board deciding whether the charge should 6e levied on the property.
Appearing: no one. Hearing closed to the public and confined to
the Board.
On motion of Supervi~pargee, seconded by 6upervisor Moseley and
June 21, 1977
r
-_-_-_______.._=~lune 21l 1977 __________________
carried, assessment of $10.25 per parcels was approved For 70 parcels in the
County Service Area No. !3 for eight street lights.
77-1227 APPEARANCE: LESLIE ROBERTSON RRESIDENT OF SENIOR CITIZENS
. Les to Ro ertson, President of Senior Citizens of Orovi e, ca ed the
Board's attention to the facilities that are available to the youths of the area.
There is very little provided for fhe senior citizens. This group is working
towards getting a center far these senior citizens. A letter from the City of Oroville
stating That the old Payiess Drugston; building could be given to them for the center;
$4,500 Ts needed to pay the back taxes.
The group is proposing that thisl;~be developed under the HUD Title 5 program.
Costs for renovating the building set out. Preliminary plans have been prepared.
They are proposing that the County of Butte, under the Revenue Sharing funds, budget
$100,000 for this center.
No action taken.
77-1228 APPEARANCE: MR. GEORGE BARRY NELSON BUTTE MEADOWS
r, eorge rry son, utte adows, presented a petition requesting
that the County of Butte not close the Butte Meadows refuse transfer station. He
set out the objections to the closing of this station. Petition filed with the Clerk.
77-1228 APPEARANCE: JOE MYERS BANGOR
Joe yers, Bangor, spo a concerning the purchase of property in Bangor. At
one time, this property had something to do with the Culet matter. He asked how
{ong he would be held up in obtaining his permits. Mr. Castleberry stated he would
discuss the matter with Mr. Myers. Referred to County Counsel for answer.
77-1229 APPEARANCE: GARY ROZA REQUEST FOREARLIER HEARING ON 1115 APPEAL
Gary za, o ermo, stated ad a rezoning app ication or is property in
the Palermo area. Fle plans on building a home and they are waiting ro obtain their
permits. The hearing on his request is set for Juiy 19th and he would like to have the
hearing set for an earlier date. He was told that this hearing had already been
published and the County was going to proceed with the hearing on the date set.
He stated he needed electricity for ag purposes. Mr. Castleberry will call P.G.8, E.
to see if they could put in a temporary connection for ag purposes.
77-1230 PAUDITOR TO TRANSFER HOMEOWNER EXEMPTION TO UNSECURED ROLLS
The Assessor requests authority to transfer the homeowner exemption on
AP b6-40-19 (1976-77} Orovtlle and Lestenna Youmans to the unsecured roll pursuant
to Revenue and Taxation Code Section 531-,~•2 (I).
On motion of Supervisor Winston, seconded by Supervisor Lemke and carried,
the Auditor was directed to transfer homeowner exemption to unsecured rolEs for
collection.
77-1231 APPROVE ESTABLISHMENT OF OVERNIGHT SHELTER FOR ADOLESCENT 601's
e a t Agency requests t e esta is ment of an ovemig t s ter for
adolescent 401's in two rooms adjacent to the Alcohol Detoxification Facility in
Oroville and to purchase appropriate furniture consisting of twa coucfti beds, $300; two
chairs, $90; and a small utility table, $75.
Page 275.
June 21, 1977
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On motion of Supervisor Lemke, seconded by Supervisor Moseley and
carried, establishment of overnight shelter approved and purchase of furniture items
with funding to be transferred From professional and specialized services authorized.
77-1232 APPROVE MEDICAL INDIGENT BILLINGS
On motion o pervisor rnston, secon a by Supervisor Lemke and carried,
indigent payments in the amount of $9,364.26 were approved and the Auditor directed to
prepare a budget transfer with funding coming from the reserve.
77-f232 APPROVE VARIANCE RENEWAL: CLAUD D. BELL
On motion of Supervisor m e, seconded y Supervisor Moseley and
and carried, variance to Section i9-10 and/or 19-12 of the Butte County Code for
placement of a mobile home at Route I, Box 239-K, Oroville was renewed for
ClaujD, Bell.
77~I233~ DISCUSSION: NORTH CHICO URBAN AREA SEWAGE COLLECTION SYSTEM
TASK FORCE POSITION PAPER NO. 2
rt ico an ea wage collection system task force position paper
No. 2 discussed. Howard Toussaint, County Sanitarian, asked what action the Board
would like the Committee to take at this point. Local grant share is $300,000.
The Committee recommends that the Board consider preliminary funding using
revenue sharing funds. Howard Toussaint was authorized to consult with the City
of Chico about this project. Chairman Richter stated that the Board is going to
have to decide whkther to form an assessment district for repayment of the loan.
Mr. Toussaint will go to the City of Chico and obtain an estimate of cosh for the
engineering study.
77-1234 DISCUSSION OF GRANT FOR STUDY OF SEPTAGE FACILITIES AT
CHICO SEWER PLANT WHICH WAS DENIED BY STATE WATER QUALITY CONTROL BOARD
Grant for study of sepfcge foci ities at C ico Sewer P ant is was denied
by the State Water Quality Control Board discussed. Mr. Toussaint explair~ct'the matter.
Fie has been advised that the project would be denied. Matter discussed; no
action taken. Mr. Toussaint will bring back more information at a inter date.
77-1235 APPROVE SEPTIC SYSTEM FOR BLOOMER MOUNTAIN PERMIT
Environments Heat as wor ed out an arrangement for a satisfactory
sewage disposal system on AP 62-53-26 on Bloomer lVbuntoin. Mr. Toussaint stated
that no permits could be issued without Board approval.
On motion of Supervisor Winston, seconded by Supervisor Moseley and
carried, sewage disposal system on AP 62-53-26 on Bloomer Mountain was approved.
-1236 ADOPT RESOLUTION 77-101 DIRECTING SALE OF FAX DEEDED PROI
T e Treasurer su mits notice and requests to sell tax deeded property,
Palermo Citrus tract at a minimum price of $850.
On motion of Supervisor Winston, seconded by Supervisor Lemke and carried,
Resolution 77-101 directing sale of tax deeded property, AP 27-06-22, Palermo Citrus Tract
at a minimum price of $850 was adopted and the Chairman authorized to sign.
Page 276.
June 21, 1977
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June 2~ 1977
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77-1237 ADOPT ORDINANCE 1833 ESTABLISHING SPEED LIMITS ON EAST, FLORAL,
8 OAK PARK QYE: AND ORDINANCE 1834 £STABLISHING SPEED LIMITS ON
ESu~UO N AND GARDE N ROADS
On motion o Supervisor Winston, seconded by Supervisor Moseley and carried,
the following ordinances ware adopted, second reading of the ordinances waived and
the Chairman authorized to sign:
I. Ordinance 1833 establishing speed limits on East, Floral and Oak Park Aver Chico
2. Ordinance 1834 establishing apeed limits on Esquon and Garden Road, Durham
77-1238 DAYTON ROAD REALIGNMENT PROJECT NO. 44!91-75-I DiSCUS5ED
Cityof C ico ms prepared t e negative dec oration w is as en approved by
all the appropriate agencies concerned for the Dayton Read realignment. Mr. Castleberry
will give~•a copy of Chico `s negative declaration to the Board members for study.
Matter put over at this time.
77-1239 FOOTHILL ACRES SUBDIVISION: DEPOSIT IMPROVEMENT GUARANTEE INTO
INTEREST BEARING ACCOUNT
On motion o Supervisor seley, seconded by Supervisor Winston and carried,
the Auditor and Treasurer were authorized to deposit improvement guarpntee for Foothill
Acres Subdivision (Tom Rogers) into an interest bearing account.
n-1240 BALD ROCK ROAD PROJECT: APPROVE TRANSFER
Pu is Wor s requests a transfer of 25,000 from the Bumap Avenue project
(YWrk Order 5180) ro the Bald Rock Read project awarded on June 7 and that the
Bumap project be rebudgeted in 1977-78.
On motion of Supervisor Winston, seconded by Supervisor Moseley and carried,
transfer of $25,OD0 from the Bumap Avenue project (Work Order 5180) to the Bold Rock
Road project awarded on June 7 was approved, Bumap project to be rebudgeted in
1977-7$ budget, and award of bid for B~ald•~ock Road project confirmed.
T-1241 LIME TREATMENTOF VARIOUS ROADS, PROJECT NO. LT77-) 8~ RECONSTRUCTION
OF PENTZ-MAGALIA HIGHWAY AT BILLE ROAD fNTERSECTION: MOTION FAILS
Discussion e d on p ans and specifications for ime treating seven miles of county
roads as follows: Bennett Road from Hamilton-Nord Hwy. to 1.3 miles west; Hamil#on-
Nord.Cana Hwy. from Wilson Landing Read to Anita Road; River Road from Ord Ferry
Road to two miles north; Nelson West Road from Goodspeed Watt Read to 1.8 miles east;
and Ord Ferry Road from Chico-Butte City Hwy. to I.I miles west. Bennett Road and
River Road funding is proposed in the 1477-78 budget.
Plans and specifications have been completed for the Pentz-Magalia Highway at
ellle Road intersection. Funding proposed: $38,000 in proposed 1977-78 budget and
$5,000 from property owner.
Supervisor Winston said he has some concerns about the 1977-78 budget; he has
a fear of being blocked in for any project. Funding far projects discussed. It was
Supervisor Winston's feeling that these I~rshjeets should be considered at budget time.
It was suggested that the Bennet Road project could be deleted as it is not
SB 325 funded.
Page 277.
June 21, 1977
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It was moved by Supervisor Winston and seconded by Supenri sor Moseley
that consideration of #hese protects be delayed until such time as the budget is
considered.
AYES: Supervisors Moseley and Winston
NOES: Supervisor Lemke and Chairman Richter
ABSENT: Supervisor Madigan.
MOTION FAILS.
It was moved by Supervisor Lemke that the County fund those project that are
not funded by General Fund monies.
Motion dies For lack of a second.
77-1242_APPROVE AGREEMENTS FOR SALE, RIGHT OF WAY ACQUISITIONS
On motion of Supervisor Winston, seconded by Supervisor Lemke and carried,
the following agreement for sale for right of way acquisitions were approved, Chairman
authorized ro sign and Auditor authorized to issue warronts upon demand of County's
escrow agent:
LoPorleRaad IVu. 03532-7b-I @liee B. Williams 0,033 acres $200 No impr. $200
Bald Rock Read No. 44b05A-71-2 Walter Stocf~v,~ell et ux 0.102 acres $145 No Impr. $145
77-1243 OROVILLE-QUINCY HWY. FAS PROJECT V366(1) and LOWER HONCUT ROAD,
FAS PROJECT V364(2) CHANGE ORDERS APPROVED
n motion of Supervisor Lem e, seconded y Supervisor Moseley and carried,
the following action was taken:
I. Approved CCO No. 2, Oroville-Quiney Hwy. FAS Project V366(I),
Supplement 1 and CCO No. 3, increasing amount of $31,000 provides additional funds to
complete underdrain sysl+em specified in CCO No. 2 and CCO No. 3 in the increasing
amount of $25,000 provides for lining 600 feet of the Berry Creek Water District ditch
ro reduce seepage into fill and the Chairman was authorized to sign.
2. Approved CCO No. 2 for Lower Honcut Road, FAS Project V364(2) in
the increasing amount of $23,000 provides for removal and disposal of areas of
unsuitable swampy material and backFilling the areos with suitable material and the
Chairman was authorized ro sign.
77--1244 APPROVE CCO NO. I, DAYTON-DURHAM HIGHWAY & DURHAM HIGHWAY •'
PROJECT NO. 44251-76-I
n motion of Supervisor Lemke, seconded by Supervi sor Moseley and carried,
Change Order No. I for Dayton-Durham Highway & Durham Highwoy Project No.
4425!-76-I was approved, in the increasing amount of $1,506.68 provides for removal
and disposal of unsuitable material and Chairman was authorized to sign.
77-1245 PUBLIC WORKS DIRECTOR AUTHORIZED TO WORK ON RE-WRITING OF AB 402
and 1931
Assembly Bills 402 and 1931 discussed. Mr. Castleberry would like authorization
ro help with the re-write of AB 402. He has been invited ro make changed to AB 1931.
On anotion of Supervisor Winston, seconded by Supervisor Lemke and carried,
Public Works Direcror was authorized to work an the re-write of Assembly Bills 402 and 1931.
Page 278.
June 21, 1977
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77-1246 REPORT ON STREET LIGHTING DISTRICT REQUEST BY THE OAKS
Clay Castleberry, Director of Public Works, reported on the street
lighting district request by the Oaks. He has talked with the developer and it
is felt that the district should be for all the units. Information; no action taken.
77-1247 REPORT ON SU9DIVISION BONDING -MEETING: ADOPT SUGGESTIONS
OF CLAY CASTLEBERRY DIRECTOR OF PUBLIC' WORKS
Report on su ivision nding meeting given by C ay Castleberry, Director of
Public Works. He recommends that the Board approve those suggestions made by
him in the report. ft vwuld lower the performance bond requirement. Requirements
set out by Mr. Castleberry.
On motion of'5upervisor Winston, seconded by Supervisor Lemke and carried,
the Board adopted the recommendations of Public Works Director ort subdivision bonding
as follows:
1. Performance bonds be lowered to 50°!°; labor and materials be 50% and
maintenance bonds be bwered to 25% of cost of all improvements and posted with
Public INbrks prior to acceptance.
2. Alternate forms will be acceptable but County must have access to full
value funding of improvements in ease contractor defaults ar savings and loan
guarantees completion of project. All forms must be approved by County Counsel,
Savings and loan companies are reviewing compromise. Recommend cashier cheeks
be deposited in interest-bearing account to benefit of project and depositor. County
Counsel to review possible modified letters of credit.
3. County authorize approval of signoff vouchers subject to: a. IQO%
performance, 50% labor and materials, 25°~ maintenance (at acceptance) and
b, developer's engineer prepare and certify voucher for PW Director's endorsement to
savings and loan companies.
77-1248 H£AR~I+tGSidrE~`~~DAERLEefliefr¢A~6&drrRl:~TiO~I$~t1N-s v~-`.cS3~CE iIiANCHES, INC.
REZO N~
~7ic hearings were set on the fallowing:
I. Merle D. GoaNey -rezone from interim 5R-I (suburban residentlal-
l acre lots) to R-I (singte Family residential) property located on fihe west side of
Norseman Ave., approx. 1/4 mile north of Lassen Ave., identified as AP 44-38-01,
containing 19.5 acres, more or less, Chico. July 26, 1977 at 9:30 a.m.
2. W. A. Stile Ranches, Inc. -rezone from A-2 (general), A-R (agricultural-
residential) and interim SR-I (suburban residential - I acre lots) to S-R (suburban residential),
A-SR(agricultural-suburban residential), R~3 (medium density residential) and C-2 (general
commercial), property located between Renshaw Ave., and Lindo Channel, and
between Esplanade and Cussick Ave, identified as AP 44-20-69, AP 44-20-71, ~~
AP 44-20-74 and AP 44-20-75, Chico. Draft impact report set for
July 26, 1977 at 9L45 a.m. and for the rezoning, hearing set for August 9, 1977 at 9:30 a.m.
77-1249 DISCUSSION: RECOMMENDATION FOR U9~SAN BOUNDARIES AND OFF-SITE
lMPROVEME MS
Recommendations far urban boundaries and off-site improvements discussed,
This has been referred to Planning Committion. Naps have been reviewed. Maps
for Gridley, Oroville and Chico should remain the same as they now exist. They
are working on the Paradise maps. ~9err~of Chico area Is a 1974 map and is correct.
June 21, 1977
~i
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It is recommended that urban improvements be required in the urban area or as an
alternative, require that a bond or cash deposit be required.
Informational at this time; no action taken.
77-1250 DISCUSSION: RECOMMENDATIONS FOR SUBDIVISION ORDINANCE AMENDMEN
Recommendations for su division ordinance amendment discussed. It was
suggested that in lieu of the subdivision committee that the Board appoint o
subdivision review officer. It was suggested that M@~ Parker be appointed as said
officer. The meetings are time consuming and the county would be better served
if an officer were to be appointed. Suggestion discussed.
Howard Toussaint could not see where this would save any time.
He felt there should be someone from Health Department and Public IAi:+rks at these
meetings. Mr. Castleberry said there were advantages and disadvantages to the
review officer being appointed.
The committee will get together and come back with a recommendation next
week. No action taken at this time.
77-1251 APPOINTMENTS TO AGRICULTURAL ADVISORY COMMITTEE: PUT OVER
Appointments to Agricu tura Advisory Committee put over at this Time.
77-1252 APPOINTMENTS TO CITIZENS ADVISORY COMMITTEE ON DRUG ABUSE/
ALCOHOL ADVISORY BOARD
Appointments to Citizens Advisory Committee on Drug Abuse/Alcohol
Advisory Board put over at this time.
77-1253 APPROVE APPOINTMENT TO DURHAM MOSQUITO ABgTEMENT DISTRICT
n motion of Supervisor se ey, seconded y Supervisor rnston and carried,
John Houghton was appointed to the Durham Mosquito Abatement District to fill the
vacancy created by resignation of Dave Hostetler* for the term that will terminate
on December 31, 1976.
77-1254 APPOINTMENTS TO SURFACE MINING AGGREGATE OPERATIONS COMMITTEE
BILL WILSON APPOINTED
On motion of pervisor 'c ter, seconded by Supervisor Moseley and carried,
Bill Wilson, Chico, an aggsegc'teoperator, was appointed to the surface Mining
Aggregate Operations Committee.
77-1255 REPORT ON COMMITTEE RECOMMENDATION REGARDING ENVIRONMENTAL
RL`~#~W PROCESSING BACKLOG
port on committee recommendation regarding environmental review
processing backlog discussed. Supervisor Lemke said he does not agree with same
of the things that 'werdSFe~dt~d. There would be 30 initial studies; These will have
to be handled. Supervisor Lemke would like to see some of the $[0,000 used for
the northwest Chico rezone and he would like to see X1,200 used for the additional
person S~o work over the summer months . Mr. Nelson should be given guidance
in this matter. Supervisor Lemke said he would like to see the Board give Mr. Nelson
direction to take out of order the easy studies and get them cleared up. These might
be able to be solved and completed and out of the office.
Permanent position discussed..: ~tlr,t. Nelson has the opportunity to contract
Page 280. June 21, 1977
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_______________June21~19~7_====__________--_
with a man on a short tern, basis for the summer to help get the backlog caught up.
Nbney has been appropriated.
Mr. Nelson set ouP his views. He stoted (here were two questions discussed.
He understood that the Board wanted him to get the backlog eliminated as quickly
as possible and he is proceeding on 'that basis. On the northwest Chico rezone, if
he did not have to work on that report, he could get on with the backlog. Me
could contract with a specialist for the northwestrchico rezone.
Long range staffing set out. Mr. Nelson believes that two specialists would
be adequate to maintain an even keel after they are caught up. He is requesting:
Position of Director
2 specialists
1 secretary
The person now filling the position is wondering what is going ro be
done about his position. Funding for his position will terminate soon. Mr. Nelson
would like to keep him on. This person is willing to undergo a thirty day loy off
if he could be re-hired. This position is funded Fhrough August. At the end of
August he could take a 30-day lay off and then could be brought back under CETA.
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
carried, the following action approved:
I. Contract for tw,o months for the specialist out of funds available
2. Contract for the northwest Chico rezone study
3. Keep on extra help personnel funded through August and at that time
he would be brought back on the CETA program in September.
77 - 125b CONCURRED IN THE APPROVAL QF FINAL NEGATIVE DECLARATION FOR
DAYTON ROAD REALIGHNMENT PROJECT NO. 4419I-75-I
On motion of Supervisor Lem e, seconded y Supervisor Moseley and carried,
the Board concurred with City of Chico on the final negative declaration for the
Dayton Read realirgnment, Project No. 44191-75-I.
RECESS: 12:15 for an executive session with District Attorney and for litigation matters.
RECONVENED: 12:40 following an executive session.
77-1257 DISCUSSION: QUESTIONS RAISED ON PROSECUTION OF LAND FRAUD
pervisor mston questioned eorge ison, dep6ty district attorney,
about the prosecution of land fraud. He felt that the prosecution of these matters
was in one area of the county and not in others. He wondered why this should be so.
Mr. Robison stated that not all the cases are prosecuted. Some of the cases
are civil. He set out the distribu#ion of b5 cases. One case is in Durham, Oroville
hash, Chico has B, Paradise has 6, and the balance is distributed throughout the
County.
Supervisor Winston .questioned Mr. Robison about the Culet alleged
illegal subdivisions and the original land splits in the Meridian-Munjar area.
Mr. Robison stated that the District Attorney's office reports violations fd -
Page 281.
June 21, 1977
~!
T=~cz~~~~=-=sooaZUD~2]lt~~=l=_--___________=_ __
T subdivision committee. The District Attorney's Office does not take action until
someone reports a vioEation to them. Supervisor Winston stated he would famish some
deed trees to the District Attorney.
No action taken.
77-1258 AMEND ACTION ON REJECTION OF MRS. STANLEY PEARSON
On motion o upervisor m e, sewn e y pervisor se ey and
carried, action of the Board on June 14, 1977 on rejection of the Mrs. Stanley
Pearson claim was amended to state that the claim was rejected on the grounds
That it was not timely filed.
77-1259 REQUEST BY BANGOR PEOPLE FOR FUNDS FOR RfSUSITATOR
pervfsor se ey state t at t peop a in angor ad requested funds
from revenue sharing for a resusitator for their area. She forgot to present the
request. 5nd wandered iF there was any way that the County could give these
people some of the funds back for their purchase of the resusitator. Mr. Mickelson
will get with Fhe people involved ,the Fire Ranger and the Auditor and check to
see what can be done.
ADJOURNMENT:
Thera being nothing further before the Board at this time, the meeting
was adjourned at t:00 p.m. to reconvene on Tuesday, June 28, 1977 at 9:00 a.m.
ATTEST: CLARK A. NEL50N, COUNTY CLERK
By: ~' C airman of the Board
C erk aft Board
Page 282.
June 21, 1977