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HomeMy WebLinkAboutM071277r~ STATE OF CALIFORNIA COIINTY OF BUTTE July lz, 1977 SS. The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Lemke, Madigan, Moseley, Winston and Chairman Richter. C1if Nickelson, Administrative Officer; Dan Blackstock, County Counsel, and Clazk A. Nelson, County Clerk, by Cathy Pitts, deputy Clerk. Pledge of Allegiance to the Flag of the United States of America. Invocation by Supervisor Lemke. 77-1314 APPROVAL OF MINUTES On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, the minutes of 3une 28, 1977 were approved as mailed with the amendment to the minutes Item 77-1261, page 283: the revised Conflict o£ Interest Code for Palermo Union School District was adopted. AYES: Supervisors Zemke, Moseley, Winston and Chairman Richter. ABSTAINING: Supervisor Madigan. 77-1315 COMMUNICATIONS Robinson Construction Co., Inc. The Company writes concerning the County`s utilization of motor vehicle in-lieu taxes. Information; referred O Z Z ~ to Administrative Officer. Geddis, Driscoll and Associates, Oroville. The Engineers, on behalf of David Mackey, appeals the condition relating to drainage oa a tentative parcel map, AP 30-36-33, two lots, west side of 20th f/ ~j ~ 5 Street, between Tehama and Nelson Avenues, Oroville. Set for hearing July 26, 1977 at 11:30 a.m. Donald R, Travers, Paradise. Mr. Travers appeals the Board of Zoning Adjustment`s approval of a use permit to Dr. Raiph Erlingheuser to allow a 24-space mobile home park on property located on the ~~~,o p west side of Edgewood Lane, approximately 1,300 feet south of Pearson Road, Paradise, AP 54-20-02. Set for hearing July 26, 1977 at 11:45 a.m. Bob Baiocchi, Paradise. Mr. Baiocchi writes is opposition to proposed duplexes in Paradise which has been set for a hearing on July 19. l~ ~?, d O Hold until hearing oa July 19, 1977. Myran Rampfer, Chico. Mr. Kampfer requests that his four acre parcel, AP 47-34-01, north of Keefer Road, west of Hicks Lane, Chico be deleted from the interim A-40 zone so that a certificate of ~ compliance can be issued on the parcel. See discussion following ~~ 3 ' Z S communications. Chico Rotary Club. The Club writes in support of a proposed Butte County Council o£ Senior Citizens. Hold until discussion of Item 22. O O ~ ~ ~ Citizens Advisory Committee--Public Transportation Systems. The Committee urges that a fixed route bus accessibility be one of the factors used in determining the location of a proposed library in Chico. 4 3 ~'~ ~ Information Robert A. Poage et al, Yuba City. Mr. Poage requests reconsideration o£ closure of the Butte Meadows transfer station. Information; referred 4~, 0 Q to Public Works. Butte County Comprehensive Health Planning Council. The Council requests the appointment of a member to the Comprehensive Health Planning Council. See motion following communications. 39o•oa Jerry Zi~ners, Chico. Mr. Zimmer submits a claim in the amount of $54,36 as a result of damage to his automobile involved in an accident with a county vehicle in Chico. Referred to Administrative Officer. /60 • ~ Page 300. July 12, 1977 .~,, ~. July 12, 1977 Paradise Irrigation District. The District writes concerning the purchase r~ ~, ~ of additional water in 1978. Discussed; no action taken. Gerald N. deRoco, Oroville. Mr. deRoco writes concerning the processing of a tentative parcel map for a 24-lot industrial tract in Oroville. !' 3 © •~ Hold until later in meeting. CH2M Hill, Redding. The Engineers write concerning supplemental work completed in the development of the General Plan elements. I~ 3 , ~ Di Referred to County Counsel to report-back to the Board. State Department of Water Resources. The Department sends notification that the 1978 Delta water charge totals $23,165. Information; L~. ~ ~ ~ 0 0 no action taken. Lippincott Surveying, Paradise. The Engineers,appehl~tl~~ conditions on Forest Ridge Subdivision. Set for hearing August 2, 1977 at 9:45 a.m. Et3•~~''r John F. Sheehan, Rackerby. Mr. Sheehan requests that Gertificate of Compliance placed on AP 28-32-171 be removed and that property revert back to its original condition with no certificate of 'r '3,~,y Compliance. Referred to County Gounsel. Bidwell Memorial Presbyterian Church, Chico. The Church writes is. support of proposed Butte County Council of Senior Citizens. Hold until ~C7 Q. ~ discussion of Item 22. St. John the Evangelist Episcopal Parish, Chico. The Church writes in support of proposed Butte County Council of Senior Citizens. I 0 ~ , I g Hold until discussion o€ Item 22. Bi11 J. Parker, Paradise. Mr. Parker appeals conditions on approval of tentative parcel map, AP 53-17-48. Set €or hearing August 2, ?j.OS~ 1977 at 9:30 a.m. ~~ Paradise Municipal Advisory Council. The Council forwards its recovn~endations regarding the Stoneson Development Corporation 'rez~+~te Hold until ~~ 3,0 p later in the meeting. 77-1316 DISCUSSION: MXRON KAMPFER REQUEST FOR PARCEL, AP 47-34-01, NORTH OF KEEPER ROAD WEST OF HICKS DANE GHICO BE DELETED FROM INTERIM A-40 ZONxNG Discussion of Myron Kampfer's request to have parcel, AP 47-34-01, north of Reefer Road, west of Hicks Lane, Chico deleted from Interim A-40 zoning was held at this time. Dan Blackstock, County Counsel, stated that staff had determined that an illegal split had taken place. There is no Certificate of Compliance on the property at this time. The zoning was placed on the land during this time. Discussion open to the public. Appearing: Dick Watson, ':,~~ rR.g~~Itarand friend of Mr. Kampfer. Mr. Watson stated that a Certificate of Compliance had been issued subject to conforming to the zoning. There is no way that the property can conform to forty acres. Mr. Watson stated that he is asking that the parcel be deleted from interim A-40 zoning. Mr. Watson set out the background of the establishing of the parcel as an illegal parcel. Continued until later in the meeting when staff is present. 77-1317 APPOINTMENT COMPREHENSIVE HEALTH PLANNING COUNCIL On motion of Supervisof Wixeston, 'seconded by Supervisor Lemke and unanimously carried, Anita Be11 was appointed member Butte County Comprehensive Health Planning Council. 77-1318 DISCUSSION: LETTER FROM GERALD N. deROCO CONCERNING THE PROCESSING OF TENTATIVE PARCEL MAP FORA 24-LOT INDUSTitIAL TRACT IN OROVILLE. Discussion of the Letter from Gerald N. deItoc`o concerning the '. processing of a tentative parcel map for a 24-lot industrial tract in Oroville was held at this time. Page 301. July 12, 1977 ~ ~, July 12, 1977 s c c a a c m c c c c: a s a x m s m a c ro s s s a m m a s a a s m c m~ Chairman Richter stated that the point of his 1etlter is not valid as the application has not gone through environmental review. Mr. deRoco had stated that the whole process should Cake 50 days to approve. The filing period does not start on the map until it has completed the environmental review process. Mr. deRoco stated that the State Code segtifis~ebhChathaction be taken within 50 days. Mr. Slackstock, County Counsel, stated that the filing does not go into effecC until the applicationhhaa completed the environmental review process. Continued until later in the meeting when staff is present. 77-1319 COUNTY COUNSEL TO BRING BACK ORDINANCE AMENDING BINGO ORDINANCE TD CONFORM WITH AB 101 REGARDING FRATERNAL ORGANIZATIONS. Dan Slackstock, County Counsel, stated that the Legislature had passed AB 101 which legalizes bingo for fraternal organizations. Mr. Blackstock will bring back an Ordinance to amend present Bingo ordinance latex in the meeting. 77-1320 DELETE CONDITION IMPOSED ON CERTIFICATE OF COI~LIANCE FOR MYRAN KAMPFER, AP NORTH OF KEEFER ROAD WEST OF HICKS 1.AN$ CHICO. Bettye Slair, Planning Depart7uent, stated Chat the 5ub~idirision Violation Committee had determined that the parcel was created illegally. No parcel map was filed. It was determined that a Certificate of Compliance will be leaned contingent oa the zoning. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the condition imposed on the Certificate o£ Compliance, mainly the need to conform with the major zoning, was deleted 6aoAP 47-34-01, north of Reefer Road, west of Hicks Lane, Chico. 77-1321 PUBLIC WORKS TO WORK WITH MR. GERALD deROCO RE: TENTATIVE PARCEL MAP FOR A 24-LOT INDUSTRIAL TRACT IN OROVILLE Bettye Blair, Planning Department, net out the procedure for timing on applications for parcel maps. Mr. DeRoco stated that Chere is a problem as the County has authorized the CiCy of Oroville to annex the property that he is Filing the map on. Mr. deRoco stated that he did not know where the parcel map would stand. Mr. Castleberyy, Public Works Director, stated that the County works closely wfth the City of Oroville and will be happy to work with the City and jointly review the parcel map•so that it may be processed. 77-1322 PUBLIC HEARING: LOUIS C. NOFREY - REZONE FROM "AR-iii" (AGRICULTURAL- RESTDENTIAL-MOBILE HOiME) TO "C-1" (LIGHT COMMERCIAL) PROPERTX LOCATED ON THE SOUTiiEAST CORNER OF KUSBL ROAD AND LINCOLN BLVD., IDENTIFIED AS AP 36-292-01. CONTAINING 3.22 ACRES. MORE OR LESS. OROVILLE. The continued public hearing on Leuia C. Nofrey rezone from "AR-t+ffi" (agricultural resfdentfal-mobile home) to "C-I" (light commercial) property located on the southeast earner of Kusel Road and Lincoln Blvd., identified as AP 36-292-01, containing 3.22 acres, more or less, 0rovi1le was held as continued. Hearing open to the public. Appearing: Louis Nofrey. Mr. Nofrey stated that this rezone had been in the process for nine months. The PZenning Department was going to crnne up with a change is the Page 302. July 12, 1977 July 12, 1977 c a c c c a s m e a m c s c a s c c a c c a o c e a os a a m m m m General Plan and this has not been dose ae yet. ' Earl Nelson, Environmental Review Director, stated that the environmental process for the amendment to the Gene#el Plan could be done by the end of the week. The matter 1a continued to July 19, 1977. Mr. Nelson is to make a report back to the Board concerning the amendment to the General Plan. 77-1323 1~EFER TO CSAC AND EXECUTIVE CON4IITTEE TH8 MATTER OF ENVIRONMENTAL PROCESS Discussion of a master EIR for the General Plan had at this time. It was felt that there should be some changes in the environmental processes. On motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, the matter of lobbying regarding environmental. processes was referred to CSAC Board of Directors end Executive $oard. 77-1324 PUBLIC HEARING: ART THOMPSON - NEGATIVE DECLARATION AND APPEAL OF ADVISORY AGENCY DENIAL OF TENTATIVE PARCEL MAP, FOUR LOTS, AY 42-09-24 AND 31, NORTH SIDE OF KENNEDY AVE., WEST OF INTERSECTION OF NORD AVE., CHICO. The continued public hearing for Art Thompson negative declaration and appeal of Advisory Agency denial of tentative parcel map, four lots, AP 42-09-24 and 31, north side of Rennedy Ave., west of intersection of Nord Ave., Chico was held as continued. Hearing open to the public. Appearing: Art Thompson. Mr. Thompson stated that he was willing to wait until the Board had accomplished the amendment to the General Plan. The hearing is continued to October 11, 1977 at 9:30 a.m. 77-1325 PUBLIC HEARING: JOHN A. SHELTON - RE20NS FROM "A-2" (GENERAL) TO "R-3"-(MEDIUM DENSITY RESIDENTIAL) PROPERTY LOCATED ON THE NORTH SIDE OF SHASTA AVE., APPROX. 360 FEET EAST OF ESPLANADE, IDENTIFIED A5 AP_44„~053-02, CHICO~ The continued public hearing for John A. Shelton rezone from "A-2" (general) to "R-3" (medium density residential) property located on the worth side of Shasta Ave., apgroximatejcy 360 feet east of Esplanade, identified as AP 44-053-02, Chico was held se continued. Hearbng open to the public. Appearing: No one. The hearing in continued to October 11, 1977 at 9:30 a.m. 77-1326 APPROVE ANNDAL MERIT INCREASE FOR WELFARE DIRECTOR Oa motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, the annual merit increase for the Welfare Director was approved. 77-327 WAIVE FIRST READING: SALARY ORDINANCE AMENDMENP PROVIDING 5% INCREASE FOR APPOINTED ARD ELECTED DEPARTMENT HEADS, CORRECTING SEVERAL TECHNICAL CLASS CODING5, RECLASSIFILIG CLERICAL POSITIONS IN MANPOWER ADMINISTRATION AND A SUPERVISING PROBATION OFFICER POSITION, ADDING SIX NEW POSITIONS UNDER CETA PSE On motion aE Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, the first reading of the salary ordinance amendment providing a 5% increase for appointed and elected Department Head e; correcting several technical class codings; reclaseifing clerical positions in Manpower Page 303. July 12, 1977 ~. ~., July 12, 1977 e a a s s a a a s c a a ~e r a a a a a a a c xc m a c e m a a a a s a s a and a sugervising probation officer posiCion; adds six new positions under CETA PSS was waived. 77»1328 ADDPT RESOLUTION 77Ai10: INCREASING POSTAGE REVOLVIlIG FUND TO $12,OD0 AND DIRECTING AUDITOR TO ISSUE A WARRANT IN THE AMOUNT OF $7,000 TO INCREASE THE FUND. On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, Resolution•77-i10 increasing the postage revolving fund to $12,000 end directing the AudiCOx Co issue a warrant in the amount of $7,000 to increaseethe fund was adopted and tha Chairman authorized to sign. 77-1329 AWARD BID: BUTTE COUNTY FAIR - ELECTRICAL UPGRADING AND AUTHORIZE PURCHASE Jake Walgenbach, Butte County Fair, sat out the background of the bide received for the electrical upgrading. On motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, bid in the amount of $18,920 for electrial upgrading was awarded to Chapman Electric of Marysville. On motion of Supervisor Madigan, seconded by Supervisor Moseley and unanimously carried, purchase of the follwwing in the amount of $3,997 was authorized: 1. 800-amp service switch 2. 2 Pedestals 77-1330 APPROVE CONTRACT WITH PR05PECTOR Di SPLAYS TO BUILD EXHIBIT AT STATE FAIR FOR $1.000 PLUS THE PRIZE MONEY On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, the contract with Prospector Displays to build the State Fair display for $1,000 plus the prize money was approved and the Chairman authorized to sign. 77- 331 WAIIIE FIRST READING: TOW-AWAY ORDINANCE On motion of Supervisor Winston seconded by Supervisor Madigan sad unanimously carried, the first reading of the ordiaence providing authority to taw away unauthorized vehicles by the Sheriff's Department from-off street parking areas designated by the Board of Supervisors was waived. 77-1332 AUTHORIZE PAYMENT OF $55 TO ARCHLTECT FOR REIMBURSEMENT OF EXPENSES RE: RESUBMISSION OF GRANT PACKAGE OF NEW ADMINISTRATION BUILDING. Oa motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, payment of $55 to architect for reimbursement of expenses re: resubmission of grant package of new Administration Building was authorized. 77-1333 ADOPT RESOLUTION 77-1~iABiLITi[ iN6URANBE 6LAIM5 PROCESSING Clif Nickelson, Administrative Officer, net out the background of the liability insurance . On motion of Supervisor Lemke, seconded by Supervisor Madigan amd unanimously carried, Resolution 77-lll establishing a trust account snd claims payment procedure for liability insurance was adopted; authorized utilization of Brown Brothers Adjusters where necessary until an agreement can be put together; authorizing the Administrative Officer to nettle claims up to $5,000. 77-1334 DISCUSSION: POLICY AND PROCEDURE MANUAL CONTINUED TO JULY 26 1977 The discussion oa the Policy and Procedure Manual waa continued to July 26, 1977. Page 304. July 12, 1977 n n July 12, 1977 ~ a C O 6 6~ 6 6 a~ m Q C¢ C m 0 0 0 O s s ie e C a e o a s=- a p O 77-1335 l1PPROVE BUDGET TRANS~,~S: On motion o~E Supervisor Vineton, seconded by Supervisor Lemke sad ~animously carried, the follwing budget transfers were approved: B-175 County Service Area No. 26 -- Thermalito Sewer, This transfer reflects an increase of X3,651.12 of unanticipated revenues Sewer service charges collected by ~hermal3to Irrigation District) to allow payment of the July 1'interest due on ewer bonds. B-1 Library. Establishes an expenditure program for the 1976-77 Public ary service grant in the amount of X20,000 as approved by the Board on June ;1, Resolution 77-90. Appropriations established include: extra help, X7,700; ee expanse,3,000; special departmental expense, x$,3$0; and fixed assets, B-187 Refuse disposal. Transfers 1,000 from the reserve to professional and specialized services in order to provide an appropriation for Ringel Associates in she development of the Solid Waste Management Plan. the of c o'. in pnlemental Manpower Prozram. Thin transfer allocates X266,312 for ~• funded SPED7t 1977 program pursuant to the instructions of the Board s on March 29, 19776 Minute Order 77-602. -190 Contributiens - other aeencies. Transfers X817 from the reserve to ~utions to .juvenile Justice Delinquency Prevention Planning and Administration er to establish a budget for the local portion of the hard match fora grant ed by the Office of Criminal Justice Plainning on June Z7, 1977 and Board of isors on May 17, 1977. 77-1336 PUBLIC HEARING: STTLSON CANYON - ETR AND~~REZONE FROM "S-R" (SUBURBAN RESIDENTIAL) TO "S-R" (SUBURBAN RESIDENTIAL) PROPERTY LOCATED ON THE SOUTH SIDE OF STTLSON CANYON ROAD, NORTH SIDE OF DOE MILL ROAD AND EAST OF BRUCE ROAD. CHICO. The continued public hearing on Stilsan Canyon ETR and rezone from "S-R" (suburban residential) to "S-R" (suburban residential) property located on the south side of Stiison Canyon Road, north side of Doe Mill Road and east of Bruce Road, Chico was held as continued. Hearing open~to the public. Appearing: No one. The hearing is continued to September 13, 1977 at 9:30 a.m. 77^1337 APPROVE PROPOSED BYLAWS FOR BUTTE COUNTY SENIOR CITIZENS Discussion of the Area Agency on Aging held at this time. Appearing: Harlan Adams. Mr. Adnme stated that inoorder to implement the proposal regarding Che senior citizens it will be necessary to approve the bylaws and appoint a member of the Board of Supervisors as a representatlve. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, the proposed bylaws for the Butte County Senior Citizens was approved. Supervisor 'Madigan was appointed as member of the Senior Citizens group. The appoiatmenta for the additional 11 members is to be posted. 77-1338 PUET..TC IiEARTNG: CHESTER SN`.IT}? - A -EPORl'!` '~U COVEK ROAD 1TIPROVEifENT~, Oh A C.RRTI:FICATE OE CO`il'LTANCE APPEAL OF CON-ITION N0. 1 RELAT?~' FIRE PROTECTION fuNll STORM DRAINA"F. Page 305. July 12, 1977 ~. July 12, 1977 -J C S S. ~ 'R = C C C L- C C C 6 9=~ 6~ C m~~ 9 S 5 SII .z S C m S CS C C 7T-L$$8 PITBLIC HEARING: CHESTER SMITH - APPEAL OF CONDITION NO. 1 RELATING TO A DEPOSIT TO COVER ROAD IMPROVEMENTS, FIRE PROTECTION AND STORM DRAINAGE ON A CERTIFICATE OF COMPLIANCE GRANTED FOR PROPERTY LOCATED ON THE SOLiT.HEAST CORNER DF MERIDIAN AND MUNJAR ROADS, NORTH OF CHICO, AP 47-22-50. The continued public hearing on Cheater Smith appeal of condition No. 1 relating to a deposit to cover road improvements, fire protection and storm drainage on a certificate of compliance granted for property located on the southeast corner of Meridian and Munjar Roads, north o£ Chico, AP 47-22-50 was held as continued. Clay Castleberry, Public Works Director, net out the background of the appeal. Diacussian of the District Attorney's handling of cases in different areas o£ the County, had at this time. County Counsel to obtain a transcript of Real Estate hearing for~8upervieor Winston. The District Attorney is to be asked to appear next week at the Board meeting to dLacusa the way in which cases are handled. RECESS: 10:25 a.m. RECONVENE: 10030 a.m. On motion of Supervisor Madigan, seconded by Supervisor Lemke and carried, the deposit fee was set at $110 per acre end $5 per running foot for each side of the road as outline by Public Works Director. AYES: Supervisors Lemke, Madigan and Chairman Richter 77-FOES: Supervisors Moseley and Winston 77-1339 PUBLIC HEARINGS JOHN P. PALMER - PETITION FOR VARIANCE TO PROVISIONS OF SECTIONS 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A__MOBILE HOME AT 5 KLAMATH COURT, M:4GALIA, AP _64-69-10. The public hearing on the John P. Palmer petitloa for variance to provisions of Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at 5 Klamath Court, Magalia, AP 64-69-IO was held ae advertised. Lynn VanAart, Environmental Health, stated that there ie a problem with the septic. Hearing open to the public. 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, the petition of Bohn P. Palmer for variance to prabisians of Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at 5 Klamath Court, Magalia, AP 64-69-10 was approved £or a period of one year subject to approval by the Health Aegartment. 77-1340 APPROVE HOUSING•AND COMMUNITY DEVELOPMENT ITEMS: On motion of Supervisor Lemke, seconded by Supervt sox Moseley and carried, the following Housing and Coffinuaity Development items were approved: 1. Rehabilitation assietaace for Section 312 loans for 1410-1920 C Street and 2480 Elgin Street in the amounts of $24,102 and $10,000. 2. Community Development Elbck Grant Loaa for a 20-year, 3 percent loan in the amount of $8,500 to augment a $13,000 Section 312 rehabilitation loan far property at 2351 C Street, Oroviile. -~3CEfi:a[i~ii~ikc/f~'Q:Fmk-e-,[ M~tai~a-h'Aii4~P~~`Se~'lON 77-8; . "~~i Pf.l>~~:r. ~;~G ~S;_=' ~S~xpsi'~i~:~~i~''~N9:ihaton ABSTAININCII"~ i(,`h'a~r~n`I~lio'~Yt'~•ti;~or [?;-+Gtu~ ; Feca~ided br Supervisor ~' -~-,d Page 306. July 12, 1977 ~ n July 12, 1977 m ~ m~ a m a r r a r: e e s: m~ m~ a m a s a a s.: a c o n . : 77-1341 ADOPT RESOLUTION 77-112 AMENDING RESOLUTION 77-87 RE: 701 PLANNING GRANT FOR CHAPMANTOWN On motion~of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, Resolution 77-112 amending Resolution 77-87 regarding 701 Planning Grant for Chapmantown was adopted and the Chairman authorized to sign. 77-1342APPRDVE GRACE SURLESON - RENEWAL OF VARIANCE TO SECTION 19-10 AND%OR 19-12 OF THE BUTT$ COUNTY CODE FOR PLACEMENT OF A MOBILE HOME AT RT. 1, BOX 271. DURHAM. AP 40-14-44. 20NING A-5.' On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, the renewal of a variance to Section 19-10 and/or 19-12 of the Svtte County Cade for placement of a mobile home at Rt. 1, Box 271, Durham, AP 40-i4-44, zoning A-5 for Grace Burleson was approved for a period of one year. 77-1343 DESIGNATB TREASURER-TAX COLLECTOR AS OFFICER OF THE COUNTY TO REVT$W JUVENILE HALL MEDICAL CARE CHARGES CI;AIMS~AND DETERMINE CHARGES. On motion of Supervisor Winston, seconded by Supervisor Lemke, and unanimously carried, the Treasurer-Tax Collector was designated as officer of the County to review Juvenile Hall medical care claims and determine charges. 77-1344 DESIGNATION OF ASSESSMENT HEARING OFFICER TO CONDUCT ADMINISTRATIVE HEARINGS RE: DELIN UENT UNSECURED PROPERTY TAKES TAKEN OFF AGENDA. The designation of an Assessment Hearing Officer to conduct administrative hearings regarding delinquent unsecured property taxes was taken of the agenda and continued to July 19, 1977. 77- 31 45 SET PUBLIC HEARING DATES: The following public hearing dates were set: 1. Craig and Everett Osborn - reversion to acreage - AP 27-04-03 and 05, two lots, east and west side of Tresher Tract Roed, 1800 feet, south of Lower Wyandotte, Oroville was set £or August'23, 1977 at 9:30 a.m. 2. A. T. Freeman - reversion to acreage - AP 27-28-23, three lots, east side of Grier, 800 feet,soi~t[~tof Ontario, 200 feet north of Macintosh, Palermo was set Eor August 23, 1977 at 9:30 a.m. T7-1346 ACCEPT THERMALTTO STORM DRAINAGE PLAN FROM ENGINEERS On motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, the Theztaalito aGorm drainage plan was accepted from the engineers; payment was authorized; and the plan is to be used as a guide £or development. 77-134 ADOPT PROPOSED MONTHLY RATES BY AGE GROUP - FOSTER HOME RATE INCREASE On motion of 6uperviaor Winston, seconded by Supervisor Moseley and unanimously carried, the proposed monthly rates by age group for Foster Home rate increase was adopted. 77-1348 APPROVE PUBLIC WORKS ITEMS: Dn motion of Supervisor Winston, seconded by Supervisor Zemke and unanimeusly carried, the following items were approved: 1. Accepted the work of Robinson Construction Co., Inc. for the work on Lower Honcut Road, FAS Project 17364(2); authorized the Chairman to sign said Notice o£ Completion and instructed the Clerk to record Notice of Completion with the Recorder. 2. Approved renewal of Ohico Clipper agreement until June 30, 1978 with provisions to review $2 Pli3ec,3f~antly charged after three months. Page 307. July 12, 1977 n. ~ r~ July 12, 1977 m m x a ~~ v a a a s a a a a s a a a a a a a x a s m m a s x z a a z m m 3, Approved agreement for sale of surplus property on Feather River Blvd.; authorized the Chairman to sign said agreement and quit claim deed apdnAc3ditsnd adtHoni~zgdstas~ssueaygerrants upon demand of County's escrow agent. 4. Approved refund of $50 to Thomas Mays and Paula Mays, AP 55-11-30 and 44-14-02, application withdrawnc S. Approved final subdivision map for Shasta Estates and approved subdivision agreement and authorized Chairman to sign said agreement. 6. Approved refund of $200 for Robert Marjama, AP 51St-35 for rejected application. 7. Authorized work done at Midway truck turn at SPRR work order authorization by County crews in order to coordinate work with Southern Pacific work forces installing crossing protection which will begin July 18, 1977. 8. Adopted Resolution 77-113, maintenance of traffic signals, with a deposit of $3,000 Co cover maintenance costs for fiscal 1977-78 was adopted and the Chairman authorized to sign; the Auditor to issue warrant in the amount of X3,000 and deposit with CALTRANS. 77-1349 AUTHORIZE CHAIRMAN TO SIGN QUIT CLAIM DEED CONVEYLNG BACK TO L. W. SHUMAN ET UX A PORTION OF CONCOW TRANSFER STATION ACQUIRED IN ERROR IN X74• On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the Chairman was authorized to sign a quit claim deed conveying back to L. W. Shurman et ua a portion of Concow transfer station acquired in error in 1974. 77-13~O,AUTHORIZE PAYMENT OFYkI380OTO CONTRACTOR FOR JSVENILE HALL On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, payment of $1,380 to contractor for Juvenile Hall was authorized. 77-1351 INFORMATION ITEM FROM'PUBLIC WORKS Clay Castleberry, Public Works Director, stated that the building permits are up. Ia the last 12 months about $50 million tea building permits were issued. 77-1352 ADOPT RESOLUTION 77-114: SETTING PUBLIC HEARING DATE FOR MARGARET M. STRANG - ABANDONMENT OF WESTERN PACIFIC ADDITION STREETS: FEATHER AVENUE, GREEN STREET AND CARLETON STREET. OROVILLE. Oa motion of Superviear Madigan, seconded by Supervisor Lemke and unanimously carried, Resolution 77-114 setting a public hearing date of September 6, 1977 at 9:30 a.m. to consider the abandonment of Western Pacific addition streets; Feather Avenue, Green Street and Carelton Street, Oroville for Margaret M. Strang was adopted and the Chairman authorized to sign. 77-1353 ADOPT RESOLUTION 77-115: SETTING PUBLIC HEARING DATE FOR DICK NELSON ABANDONMENT OF 30 ET. OF ABANAONED CLOVER STREET LYING CONTIGUOUS TO LOT 1 IN BLOCK 14 AS SHOWN ON THE MAP ffi THE "NINTH ADDITION OF BIDWELL RANCHO" FILED FOR RBCORA MARCH 14, 1904 IN MAP BOOR 4 AT PAGE 64, BUTTE COUNTY RECORDS. On motion of Supervisor Lemke, seconded by Supervisor Wiastoa and unanimously carried, Resolution 77-115 netting a public hearing date of September 6, 1977 at 9:45 a.m. to consider Aick Nelson's abandonment of 30 feet of abandoned Clover 'Street lyfng contiguous to Lot 1 in Block 14 Page 308. July 12, 1977 ~ !"~ July 12, 1977 m x c x e e x c ,x to s x x x a x x x a x x x s s a a ss c n a x~= a e b= as shown on the'map in the "Ninth Additiaa of Bidwell Rancho," filed for record ffiarch 14, 1904 in Map Baok !+ at Page 64, Butte County Records was adapted and the Chairman authorized to sign. 77-1354 ADOPT RESOLUTION 77-116: SETTING PUBLIC HEARING DATE FOR JUNB L. CROWTHER - ABANDONMENT OF PUBLIC UTILITY 'EASEMENT QN LOT 16I OF SIERRA DEL ORO ESTATES. UNIT N0. 3,LOR0 DRIVE,•MAGALIA. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, Resolution 77-116 setting a public (tearing date of September 6, 1977 at 10:00 a.m. for consideration of June L. Crowther abandonment of public utility easement on Lot 161 of Sierra Del Oro Esbatea, Nnit No. 3, Oro Drive, Magalia was adopted and the Chairman authorized to sign. 77-1355 APPROVE CONTRACT WITH CONNERLY & ASSOCIATES NOT TO EXCEID $17,685 FOR PREPARATION OF UPDATED HOUSING ELEMENT FOR GENERAL PLAN. Bob Gainer, Planning Department, stated that the State has revised the guidelines for the housing element of the General Plan. Mr. Ward Connelly has come up with a work program for the housing element. Thos is a mandated change. Ward Conneriy, Connerly and Associates, net nut the need for updating of the housing element. On mogtbn of Supervisor Winston, seconded by 6upervisor Lemke and unanimously carried, a contract with Connelly and Associates, not to exceed $17,685, for preparing the ugdated housing element for the General Plan waa approved subject to approval of the contract as to form and budgetary control. 77-1356 ADOPT RESOLUTION 77-117 REQUESTING AMBNDMENT OF LEGISLATION REGARDING COMPENSATION FOR PRO TEMPORE COURT REPORTERS On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, Resolution 77-117 requesting 8n amendment of legislation regarding compensation for pro tempore court reparCers was adopted and the Chairman authorized to sign. 77-3.357 APPOINTMENT TO ASSESSMENT APPEALS BOARD PUT OVER TO NEST WEEK The appointment to the Assessment Appeals Board was put over to next week; July 19, 1877. 77-1358 APPOINTMENT WO LAKE MADRONE WATER DISTRICT BOARD OF_D_IRECTORS On motion of Supervisor Moeeiey,~seconded~by~~Supervisor Winston and unanimously carried, Robert Reynold was appointed member Lake Madrone Water District Board of Directors. 77-1359 APPOINTMENTS CONTINUED TO JULY 19. 1977 The following appointments ware continued to July 19, 1977: 1. Appointments to Chico - Butte County Chapmantown Housing and Community Development Advisory Committee 2. Appointment to Surface Mining Aggregate Operations Commmittee. 3. Appointments to Agricultural Advisory Committee. 77-1360 APPEARANCE: EVELYN REEDER Mrs. Reeder prevented the Board with~a petition opposing installation of curbs, gutters and sidewalks in Thermalitn. Page 309. July 12, 1977 - ~ ~ July 12, 1977 e a s y s~ e a er m m m m m m a m m m o m= m s m m. m a a a m a n s m m a e 77-1361 APPEARANCE• MR DELUCY MT. HOUSE RE5ORT BERRY CREEK Mr. Delucy stated that there should be some type of meeting in Berry Creek to try and get lined up oa~the dump situation. There has got to be an alternative. Supervisor Wineton stated that he would attend the meeting when it is set up. 5upervieor Lemke stated that in closing all of the mountain transfer stations there is going to be a ma~ar problem of people dumping garbage all over the roads and at Che transfez stations. 77-1362 APPEARANCE: WILLIAM HOUSTON. BERRY CREEK Mr. Houston stated that he was opposed to the transfer station in Berry Creek being closed. This is going to create a pxoblem. 77-1363 APPEARANCE: PAT LYNCH, CANYON CREEEC STORE Mr. Lynch stated that he hoped that the meeting could be held as soon as possible sa that the garbage situation could be taken care of. 77-1364 APPEARANCE: GILBERT RICE. THERMALITO Mr. Rice stated that he was opposed to curbs, gutters and sidewalks in Thermalito. 77-1365 APPEARANCE: DAVID HAYES Mr. Mayes stated that he hoped that the well ordinance would be adopted as it is needed in Butte County. 77-1366 APPEARANCE: GLEN WIXON. THERMALiT0 Mr. Wixoa stated that he was opposed to the installation of curbs, gutters end sidewalks in Thermallto. 77-1367 COUNTY COUNSEL TO FORMALIZE EARE7C CANCELLATION CONTRACT FOR OROVILLE TRANSFER STATION Ed Chiaparri, Oroville Solid Waste, stated that there was a 90-day cancellation for the contract. Mr. Chiaparri stated that he would like to have a 60-day cancellation of the Board would agree to it. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, County Counsel is to formalize a shorter cancellation time for the contract with Oroville Transfer Station and bring back to the Board on duly 19, 1977 For completion. 77-13 S APPEARANCE: JOHN HENDERSON BERRY CREEK Mr. Henderson questioned the Board regarding the choices to make is regard to garbage collection. Mr. Headersan was told that Supervisor Wineton would meet with the people in Berry Creek on this problem. 77-1369 APPEARANCE; CAROL HOWARD SUGAR PINE STORE Mrs. Howard stated that she ie willing to work with Che people from Berry Creek on the garbage problem. The meeting at Berry Creek will be held July 19, 1977 at x:30 p.m. is the Grange Hall. 77-1370 PUBLIC HEARING: STONESON DEVELOPMENT CORPORATION - REZONE FROM °A-2 LTD" (LIIffTED GENERAL) TO "PA-C" (PLANNED AREA-CLUSTER) PROPERT3C ON THS WEST SIDE OF CLARK ROAD AT NUNNELI.X ROAD PARADISE The public hearing on Stoneson•Development Corporation rezone from "A-2 Ltd." (limited general) to "PA-C" (planned area-cluster) property on the west Bide of Clark Roa~k Nunnelly Road, Paradise was held as continued. Page 310. Juiy 12, 1977 ` ~ ~"`, - July 12, 1977 C 't m m a s C a R p¢ ffi R s a x a a a 2 a ffi ]. a a a C a a 2 s a a s~ a Bob Guth, McCain and Associates, stated that he would like to ask for a continuance in the matter. Mr. Guth stated that the Planning Commission has to approve the PA-C plan and his clienta•are not ready with the plan•at the present time. The Planning Commission is to hold hearings on the planned area cluster plan so that it can be presented to Che Board. Hearing open to the public. Appearing: 1. Harry Murrary. Mr. Murray stated that he apposed the Stoneson Development rezone. 2. Warren Humbert, MAC. Mr, Humbert stated that MAC had made a recommendation to the Board on July 5, 1977. Clerk read the letter from MAC at this time. 3. Floyd Powell. Mr. Powell stated that he had a development in the same general area as Stoneson Development and that he was developing his property at the present time. Mr. Paweli stated that an EIR should not be done on hie property as it is already under development, 4. Jim Harding. Mr. Harding stated that he also has a ~eme•lopment that is in the general area of the Stoneson development. Mr. Harding explained that he has had four different environmental processes to go through and does not want his property included in the Stoneson enviro~ental impact report. 5. Louise Harding. Mrs. Harding stated that each of the projects should be treated as individuals and not lumped into ane big project. b. Sarl Bailey, MAC Planning Committee. Mr. Bailey stated that in the area there are three developments going in. Mr. Bailey set out the background of the developments. 7. Mr. Marvin. Mr. Marvin stated that if each project was looked at individually then there would be no effect on the environment if the surrcunding area was not taken into consideration. Dan Slackstock, County Counsel, stated that each parcel is treated individually, but that the surrounding area is c•oasidered as "Cumulative effect". 8. William Holding. Mr, Holding stated that he hoped that the hearing would not be continued after the next meeting. 9. George Houghton. Mr. Houghton stated that he was opposed to the rezone. 10. Alice Smith. Ma. Smith stated that she was coacexned with the accumulation of sewage as a result of large developments in the Paradise area. The hearing is continued to August 30, 1977 at 9:30 a.m. Fags 311. July 12, 1977 ~ r July 12, 1977• s w s o e v e~- w s w s a w w w t s c s c s s s o s ~o s s s s s e c s e 77-1371 PUBLIC HFARING: IAUIB DUNCATf + 1lPPEAL OF ADVISORY dGENCY'S'DECISION REQUIRIITG CONSTRUCTI017 OF dERTICAL CII~IBS, GUTTERS AND $TDEWALKS OTT PARCEL, MAP, AP 34-36-$0, TWO LOTS, NORTH SIDE OF FOOTHILL BLVD., BETWEEN GLEN AVENUE AND BROORDALE, OROVILLE. The public hearing oa the Louis Duncaa•appeal of the Advisory Agency's decision requiring construction of vertical curbs, gutters and sidewalks on parcel map, AP 34-36-80, two lots, north side of Foothill Blvd., between Glen Avenue and Brookdale, Oroville was held et this time. Clay Castleberry, Public Works Direator, set out the background of the appeal. This ie within the urban area. The parcel would be on city sewer. Hearing open to the public. Appearing: Robert Brooks, Engineer. Tir. Brooks set out the background of the area. There are six units adjacent to the parcel in question and they have ao curbs, gutters and sidewalks. It will be a long time before there are any improvements is that area. Hearing closed to the public and confined to the Board. On motion of Supervisor Wiastan, seconded by Supervisor Madigan and carried, the appeal of Luuis Duncan was denied. AYES: Supervisors Lemke, Madigan, Winston and Chairman Richter. NOES: Supervisor Moseley. 77-E&E~UTIVE SESSION: The Board recessed at 12:35 p.m. to hold an executive s session regarding litigation and to interview Veterans Service Officer candidates. REOONVENE: The Board reconvened at 1:05 p.m. following an executive session regarding litigation and interview of Veterans~6ervice Officer candidates. 77- APPOTN'rMF:nr~' OF VETERAN' S SERVICE OFFICER • OII motion of Supervisor T+linston, seconded by Supervisor Lemke and unanimously carried, Harold A. Penn was appointed Veteran~B Service Officer. 77-137B COUNTY COUNSEL AUTILORIZED TO FILE CASE REGARDING LITIGATION Da motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, County Counsel was authorized to file a case regarding litigation ~-•nvolving Donald Bantam. 77-13i~ REPORT BY SUPERVISOR LEMRE REGARDING CONFERENCE IN OAKLAND ON CETA Supervisor Lemke reported on the conference recently held in Oakland regarding CETA allocation. The Manpower Planning Commission will report to the Board on the use of CETA funds in two weeks. 77-1374 COUNTY COUNSEL TO PREPARE RESOLUTION IN .OPPOSITION TO TRE_METRIC SYSTEM On motion of 6upervisor Lemke, geconded by Supervisor Moseley and carried, County Counsel is to prepare a Resolution in opposition to the metric system ae the measuring system far the United States.. AYES: Supervisors Lemke, Tiadigan and Moseley NOES: Supervisors Winston sad Chairman Richter. 77-137b ADOPT ORDINANCE 1837 AMENDING 0$AP,TEbtCiS OF THE BUTTE COUNTY CODE RE• BINGO GAMES On motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, ilydinance 1$37 amending Chapter 15 of the Butte County Code relating to Bingo Games vas adopted and the Chairman authorized -•_ to 81gn. Page 31Il3- July I.2, 1977 ~~ July 12, 1977 c x c. c s a a a~ c~ a~ m ~ ~ m e a ~ n ~ rn C a a=~ a~~~ x a s~ x ADJO[tRND~NT There being nothing further before the Board at this tfine, the meeting was adjourned at 1:15 p.m. to reconvene on Tuesday, July 19, 1977 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK By: ~ Chairman Board of Supervisors Board of rvisors Clerk Page 313. July 12, 1977