HomeMy WebLinkAboutM080178August 1, 1978
STATE OF CALIFORNIA
COUNTY OF BUTTE
SS.
The Board of Supervisors met at 9:00 a.m, pursuant to recess.
Present: Supervisors Lemke, Moseley, Richter and Chairman Winston,
C1if Nickelson, administrative officer; Dan Blackstock, county counsel;
and Clark A. Nelson, county clerk, by Cathy Pitts, deputy clerk.
ABSENT: Supervisor Madigan.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
78-1394 APPROVAL OF MINUTES
On motion of Supervisor Richter, seconded by Supervisor Moseley
and carried, the minutes of July 25, 1978 were approved as mailed.
78-1395 ANNOUNCEMENT BY CkiAIRMAN WTNSTON
Chairman Winston announced that discussion of .the personal
property tax matter would be held on August 8, 1978 at 1:30 p.m.
Chairman Winston stated that a letter was sent to every
veterans group in Butte County yesterday. Budget considerations regarding
the memorial halls and the Veterans Service Officer will be held in
abeyance for fifteen days. The matter will be a timed item on the agendao
The organizations were urged to give consideration to possible expense
reductions.
78-1396 COMMUNICATIONS
Roy E. Pritchard, refuse disposal supervisor. Mr. Pritchard requests that
the Board provide him a defense in the case Rodney L. Clark vso
County of Butte, Roy Eo Pritchard, et al. See motion following
communications.
Glen James Baker, Chico, Mr, Baker writes concerning the coal power
plant and suggests an alternative location. To be placed in
PG&E NOI file for reference.
Pat Bigelow, Oroville, Mr, Bigelow appeals the Advisory Agency's
condition ~~7 relating to fire hydrants for a land division,
for AP 36-27-,58, four lots, south side of Ophir Road west of
Southern Pacific Railroad, Oroville. Set for hearing August 15,
1978 at 11:00 a.m.
Lippincott Surveying, Paradise. The Surveyors, on behalf of W. M. Barkley,
appeal the Advisory Agency's conditions ~~1 and 2 relating to
road standards and deeding of right-of-way for tentative parcel
map, AP 55-201-13, four lots, north side of Edgewood Lane,
approximately 300 feet north of Jaxamillo Lane, Paradise. Set
for hearing August 15, 1978 at 11:30 a.m.
Ever Glo, Inc., Monterey. The firm appeals the Planning Commission's
denial of a rezone for the Eastwood Oaks proposed PAC subdivision,
AP 4G.-fl9-13 (portion), 44-21-02 (portion), and 44-.32-24, 15 acres
more or less, located at the north end of Tom Polk Avenue, west
end of E1 Vaxano Way, south side of Lassen Avenue at Godman
Avenue, Chico.. Set for hearing August 22, 1978 at 10:00 a.m.
Steven Scarborough and P. M. Figge, Paradise. An appeal. has been received
concerning the Board of Zoning Adjustment's approval of a use
permit location by William R. Whitney for a sewage facility for
a five-plea, AP 55-03=25. west side of Neal Road, approximately
50 feet north of Roe Road, Paradise. SetA~d~shea~i~~7August 22,
1978 at 10:15 a.m. Page I07. August I, 1978
August 1, 1978
McCain Associates, Chico, The~Engineers, on behalf of Marvin Turner and
Steven R. White, appeal the Board of Zoning Adjustment's condition
~Fl of a use permit for Mangrove 'Veterinary Hospital relating to
required fire hydrants, AP 45-035-03, 04 and 07, located at the
coiner of Mangrove Avenue and East 9th. Avenue, Chico, Set for
hearing August 22, 1978 at 10:30 a.m.
Harvey D. Parrott, Paradise. Mr. Parrott appeals the Board of Zoning
Adjustment's granting of a use permit to Foodmaker, Tnc. (Jack-
ie-the-Box), AP 52-17-20, located on the southwest coiner of
Skyway and .Oliver Road, Paradise. Set for hearing August 22,
1978 at 10:45 a,m,
Paradise Municipal Advisory Council. The Municipal Advisory Council
appeals the Board of Zoning Adjustment's approval of the use
permit for a Jack-in-the-Box, AP 52-17-20, located on the
southwest corner of Skyway and Oliver Road, Paradise. Set
for hearing August 22, 1978 at 10:45 a,m. Counsel to advise
MAC that they do not have the authority to appeal decisions
as a Council.
David D. Hughes, Magalia, Mr. Hughes writes concerning the McLaughlin/
Green Subdivision in the Fir Haven area of Paradise. Referred
to later in the meeting.
Mr. and Mrs. Leroy P, Miller, Jr., Magalia. Mr. and Mrs. Miller write
concerning the McLaughlin/Green Subdivision and suggest half
acre minimum lot size. Referred to later in the meeting.
Mr. and Mrs. Gerald B. Cross, Magalia. Mr. and Mrso Cross write concerning
the McLaughlin/Green property in Fir Haven and suggests upholding
the one half acre or one acre minimum parcel size. Referred to
later in the meeting.
Mrs. and Mrs, Henry D. Hamon, Magalia. Mro and Mrs. Hamon write concern-
ing the McLaughlin/Green Subdivision and suggest a minimum lot
size of one half acre. Referred to later in the meetingo
Casey J. Looney, Magalia. Mro Looney writes with regard to the McLaughlin/
Green Subdivision. Referred to later in the meetingo
Lake Madrone Water District. The District writes requesting that the
Board levy the full assessment of $5 per $100 of assessed
valuation. Referred to Auditor and Counsel.
County of Solano. Solano County forwards information concerning placement
of boys in the Fouts Springs Boys Camp indicating an increase in
monthly placements from $745 to $840 and also forwards a new
contract for Board approvalo Contraet~ approved.o~e f. ?"4~ca;a~o
Hank Hindery. Mr. Hindery submits Leis resignation/retirement as Data
Processing Director from the County of Butte. See motion follow-
ing communications.
Northern Califaxnia Health Systems Agency. The Agency writes withdrawing
their request of $3,459 financial support, Information.
Mert Thomas, Jr., Oroville, Mr. Thomas writes on behalf of the Martin
Luther Park Committee and requests that the Board of Supervisors
allocate $150,000 in revenue sharing funds for the park project.
Placed in the revenue sharing file for consideration.
Page 108.
August 1, 1978
August 1, 1978
Oroville Industrial Development Corporation. Charles F, Huntington,
president, writes in support of continuing the Butte County
Development Commission's office operations, To be considered
during budget considerations.
Paradise Friends of the Library. Mrso H. L. Graham, chairman, writes in
support of continuing funding for the Paradise Library. To be
considered during budget considerations.
United States Postal Service, Sacramento. The Postal Service forwards
information concerning input with regard to construction of a
new postal facility in Forest Ranch. A letter of concurrence
to be sent.
Butte County Fish and Game Commission. The Commission asks that the Board
support and encourage a study to be made by the State Department
of Water Resources regarding the construction of a small power
plant below the Thermalito Diversion Damo A letter of support
to be sent.
Feather River Recreation and Park District. The District sends notification
of a meeting being-held August 2 at 7:00 p.m, in the Butte County
Library with regard to improvements along the Feather River for
the enhancement project. Chairman Winston to attend meeting.
Butte-Glenn Foundation for Medical Care, Chico. The Organization requests
that the Board provide a letter of support to their application
for federal funding to determine the feasibility of establishing
a health maintenance organization in Butte and Glenn County.
Administrative Office to make inquiry regarding request and
report back to the Board.
Les H. Cohen and Associates, Sacramento. The firm forwards information
concerning Assembly Bill 3405 regarding hospital services in
rural areas. Report from Administrative Officer to be given
on August 8, 1978.
State Department of Water Resources. The Department writes requesting
that maintenance areas 5, 7, 13 and 15 be allocated a maximum
dollar share of the state's surplus for special districts,
To be considered with district allocation hearing.
State Department of Parks and Recreation. The Department writes concerning
the declaration of August 24th as Butte County day at the 1978
California State Fair and requests input concerning organization
of county activities. See motion following communications.
Paul A. Lupo, Los Gatos. Mr. Lupo appeals condition requiring a 60-foot
access on certificate of compliance on AP 71-22-16, portion of
Lot 2 and Lot 37, southewest 1/4 of Section 33, T20N, R6E,
Enterprise areao Set for hearing August I5, I978 at 11:45 a.m.
,.
Mr. and Mrs. Robert Kness, Clipper Mills. Mr. and t~'ii*~~'d~i`essi.~appeal
condition requiring a 60-foot aces on conditional certificate
of compliance on AP 73-22-54, north side of LaPorte Road,
approximately 1,300 feet east of Merry Way, Clipper Mills.
Set for heating August 15, 1978 at 11:45 a.m.
Oroville Area Chamber of Commerce. The Chamber writes expressing concern
about the future of the Butte County Development Commission and
asks that the Commission be continued on a half time basis.
To be considered during budget considerations.
Page 109e
August 1, 1978
August 1, 1978
Chico Area Recreation and Park District. The District:> forwards a
resolution requesting consolidation with the November 7, 1978
election for the purpose of electing three members to the
Aistrict Board of Directors. Referred to Counsel.
William P. Mace, attorney at law. Mr. Mace forwards a proposal for
contracting out our animal control functions. Board members
have copies. Referred to Administration for comments.
Drew Russell, Chicoo Mr. Russell submits his resignation as a member
of the Manpower Youth Council. Administrative Office to
post vacancyo See motion following communications.
78-1397 AUTHORIZE. DEFENSE FOR_ROY E. PRITCHARD IN THE CASE RODNEY L. CLARK
VS COUNTY OF BUTTE, ROY E. PRITCHARD, ET AL
On motion of Supervisor Lemke, seconded by Supervisor Richter
and carried, defense for Roy E. Pritchard in the case Rodney L. Clark
vs. County of Butte, Roy E. Pritchard, et al was authorized and Counsel
to advise Mr. Pritchard that County cannot pay punitive damage.
78-1398 ACCEPT RESIGNATION OF HANK HINDERY AS DATA PROCESSING DIRECTOR AND
THANK HIM FOR HIS YEARS OF DEDICATION AND SERVICE
On motion of Supervisor Richter, seconded by Supervisor Moseley
and carried, the resignation of Hank Hindery as Data Processing Director
was accepted and a letter thanking him for his years of dedication and
service was authorizedo
78-1399 ESTABLISH AUGUST 24, 1978 AS
STATE FAIR
On motion of Supervisor
and carried, August 24, 1978 was
1978 California State k'air.
BUTTE COUNTY DAY AT 1978 CALIFORNIA
Lemke, seconded by Supervisor Moseley
established as Butte County Day at the
78-1400 ACCEPT RESIGNATION. OF DREW RUSSELL AS A MEMBER OF THE MANPOWER YOUTH
COUNCIL AND THANK HIM FOR HIS SERVICE
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and carried, the resignation of Drew Russell as a member of the Manpower
Youth Council was accepted and a letter thanking him for his service was
authorized,
78-1401 APPROVE PURCHASE OF 200 YARDS OF EKTRA CARPET AT ESTIMATED COST OF
$2,700 FOR NEW ADMINISTRATION BUILDING
On motion of Supervisor Richter, seconded by Supervisor Moseley
and carried, the purchase of 200 yards of extra carpet at an estimated
cost of $2,700 fox the new Administration Building with funding to come
from the Administration Building contingencies was approved.
78-1402 APPROVE CONTRACT CHEiNGE ORDERS FOR: ADMINISTRATION BUILDING, PARADISE
ADDITION AND PARADISE REMODEL ADDITION
On motion of Supervisor Richter, seconded by Supervisor Lemke
and carried, the following contract change orders were approved:•
1, Contract Change Order ~k13, Administration Building, in
the amount of $3,071 and 30 calendar day contract extension with. the
funds to come from Administration Building contingencies and the Chairman
authorized to sign.
2, Contract Change Order for Paradise Addition in the increasing
amount of $115 to provide for a small amount of painting on steel posts,
beams and west wall windows forming the courtroom with appropriate funds
comduig from available revenue sharing and the Chairman authorized to sign.
Page 110e
August 1, 1978
August 1, 1978
3. Contract ChangeTOrder, Paradise Remodel Addition., in the
increasing amount of $1,316.75 to cover cost of fire retardant materials
used in the ronf at Paradise Addition project with funds being appropriated
from available revenue sharing and the Chairman authorized to signo
78-1403 APPROVE BUDGET TRANSFERS
On motion of'Supervisor Zemke, seconded by Supervisor Moseley
and carried, the following budget transfers were approved:
B-276-General Fund Rear closing transfer, This is a $221,351.67
closing transfer to cover various general fund departments' deficiencies
for the 1977-78 year end budget deficiencies, Clean up from the reserve
is as follows: Juvenile Caurt Wards, $10,244.55; Recorder, $106.50;
Environmental Review, $31.75; Sheriff, $49,257,74; Court Reporters,
$1,663.02; Chico Municipal Court, $204,22; Public Works, $10,000;
Treasurer,. $202.05; and Administration, $2,292.890 Total amount
from the reserve $74,002°72,
B-277 - Count Clerk. This is a year end closing budget transfer
for the County Clerk totaling $21,535,46 of which $18,930045 is from the
reserve.
B-279 - Miscellaneous ,year end transfers. For County Service
Area ~~31 (Biggs Swimming Pool) transfers $37°76 from extra help to
employee benefits. In County Service Area #34 (Gridley Swimming Pool)
transfers $67.08 from maintenance of structures to general insurance.
In the street lighting maintenance district for Joshua Tree Subdivision
establishes an additional appropriation of $43057 based upon unanticipated
revenue which will be a deposit from the developer, The purpose of these
transfers are .to cover budget deficiencies for the year ending June 30, 1978.
B-280 - Sunaort de artments - Xear end closirm transfer. This
is a $311,394.49 transfer for the sugport service departments to cover
year end budget deficiencies for the fiscal year ending June 30, 1978.
Total amount from the reserve is $96.,630.20 for employee benefits and
$774012 for purchasing,,
B-281 - Library. This is a $1,162,97 transfer to cover year
end closing cost for budget deficiencies for the Libraryo The transfers
are from within various budget accounts,
B-282 - Data Processing. This is a $14,319.08 transfer from
within budgetary line items and is the year end closing transfer to cover
budget deficiencies for the year ending June 30, 1978.
8-283 - Air Pollution. This is a $1,977.93 transfer from within
departmental operating accounts to cover the year end budget deficiencies
for the fiscal year ending June 30, 1978.
8-284 - Welfare and Welfare Programs. This is a $302,781.34
transfer involving Welfare Administration and Aid programs with transfers
being within budgetary .accounts and constitutes the closing transfer for
the fiscal year ending June 30, 1978.
B-28S - Fire Protection. This is a $3,593,24 transfer to cover
year end budget deficiencies within existing accounts for the fiscal year
ending June 30, 19780
8-286 - Animal Control. This is a $1,461.18 transfer within
budgetary accounts to cover year end budget deficiencies for the fiscal
year ending June 30, 1978.
Page 11I.
August 1, 1978
August 1, 1978
J ~ 8-287 - Building and Subdivision-.Inspection. This is a
$16,005.19 transfer from within budgetary accounts to cover year end
budget deficiencies for~he fiscal year ending June 30, 1978.
B-288 - Welfare Aids. This is a $4,276.36 transfer from within
budgetary accounts to cover the year end budget deficiencies for the fiscal
year ending June 30, 1978.
B-289 - Miscellaneous department transfers. Within the HCD
planning grant, transfers $9,154.87 from the HCD planning grant and increases
the appropriation to professional and specialized services, $8,223,90 and
transportation and travel, $930.97. For the Veterans Service Officer
transfers $8.54 from office expense to out-of=county travel, Within
Welfare Administration - Homemakers, transfers $74.34 from regular
salaries and wages with $67.02 going to extra help and $7.32 to employee
benefits. The purpose. of this transfer is to cover year end budget
deficiencies for the fiscal year ending June 30, 1978.
8-290 - Public Works - Transportation Systems. Transfers $627.45
from office expense, $750.00 from Chico Taxi - county's share, $152,50 from
Earadise Taxi and $1,168.97 from Oroville Taxi - county's share; with
$2,698.92 being transferred to regular salaries and wages. The purpose
of this transfer is to cover the year end budget deficiencies for the
fiscal year ending June 30, 1978.
B-291 - Public Works - Special Road. This is a $13,223,75
transfer closing special road construction projects for the fiscal year
ending June 30, 1978.
B-292 - Public Works - Road Fund. This is a $42fl,848.65 transfer
to cover the year end budget closing item in the road fund for the fiscal
year ending June 30, 1978. Total amount from the road reserve $68,781.27.
B-293 - Buildings and Grounds< Transfers $232.74 from overtime
and $9,314.07 from major maintenance for a total of $9,546.01 being
distributed to the following accounts: salaries and wages, $433.37;
extra help, $1,689.76; household expense, $117.14; maintenance of equipment,
$1,882.02; routine maintenance, $827.41; special maintenance, $3,913.18;
space operation maintenance, $683.93. The purpose of this transfer is
to provide year end closures within various accounts with fiscal year
ending June 30; 1978.
Of the above budget transfers, a total of $190,336,49 is from
the general fund reserve and $68,781.27 is from the road reserve.
78-1404 ADOPT RESOLUTION 78-132 DESIGNATING MISS DEBBIE DILLAHUNTY AS
OFFICIAL REPRESENTATIVE OF BUTTE COUNTY IN THE MAID OF CALIFORNIA
PAGEANT
On motion of Supervisor Moseley, seconded by Supervisor Richter
and carried, Resolution 78 132 designating Miss Debbie Dillahunty as the
official representative of Butte County in the Maid of California Pageant
was adopted and the Chairman authorized to sign.
78-1405 APPROVE CERTIFICATES FOR PAYMENT - BUTTE COUNTY_FAIR
On motion of Supervisor Moseley, seconded by Supervisor Richter
and carried, the certificat ~ for payment for painting which has been
accomplished as approved by the Board on May 9, 1978 in the amount of
$1,500 and $4,778 for Butte County Fair were approved and the Chairman
authorized to sign,
Page 112,
August 1, 1978
August 1, 1978
78-1406 REJECT FILING FEE REFUND, MILDRED A. HUNT FOR REIMBURSEMENT FOR
GANDTDATE FOR RECORDER, CANDIDATE'S STATEMENT FOR PRIMARY ELECTION
AND CAMPAIGN EKPENSES
On motion of Supervisor Richter, seconded by Supervisor Lemke
and carried, the filing fee refund request of Mildred A, Hunt in the
amount of $763.64 for reimbursement for filing fee for candidate for
Recorder, candidate's statement for Primary Election and campaign
expenses was rejected in its entirety. AYES: Supervisors Lemke,
Moseley and Richter. NOES: Chairman Winston. ABSENT: Supervisor
Madigan.
78-1407 DENY REQUEST FOR PENALTY RELIEF
On motion of Supervisor Richter, seconded by Supervisor Lemke
and carried, the following requests for penalty relief were denied:
to Sharon K. Meier, unsecured tax bill, account d~06-4382E%-00.
20 Kuang Hao Hsiao, AP 41-28-61.
78-1408 APPROVE PEACH TREE PLACE SUBDIVISION FINAL MAP
On motion of Supervisor Riehter, seconded by Supervisor Lemke
and carried, Peach Tree Place final subdivision map was approved; public
utility easements and Meadow Road and Blanton Court as shown on the
subdivision map nnd~ offer-ede€oxndedfdatd:dnfandclgfanE~edosnafde were
accepted; Chairman authorized to sign subdivision agreement.
78-1409 MOTION TO .ADOPT RESOLUTION TO FORM PEACH TREE PLACE STREET LIGHTING
MAINTENANCE DISTRICT ::.WITHDRAWN
It was moved by Supervisox Moseley, that a resolution be adopted
forming Peach Tree Place streeting lighting maintenance district.
Discussion of street lighting maintenance districts held at
this time. Dan Blackstock, county counsel.,. asked that the matter be
put over because of the problem of these maintenance areas and service
area with regard to Proposition 13.
Motion withdrawn.
Administrative Officer and County Counsel to report back on
street lighting districts.
78-1410 PUBLIC HEARINGS: W. D. BATTENFIELD: LT. R, E. CHERRY: LSROY MARTIN: AND
FRANCIS. E. RIST - PETITIONS FOR VARIANCES TO SECTIONS 19-10 A1VD/OR 19-12
OF THE BUTTE COUNTY CODE FOR THE PLACEMENT OF A MOBILE HOME ON PROPERTY
The following public hearings were held as advertised:
1. W. D. Battenfield - petition for variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home at
Route 2, Box 358, Durham, AP 40-09-34. Zoning: A-5.
2, Lt. R. E, Cherry - petition for variance to Sections 19-10
and/or 19-I2 of the Butte County Code for placement of a mobile home on
Ten Mile House Road, AP 56-05-37. Zoning: TM-40.
3. Leroy Martin - petition for variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home
off of Ishi Trail, AP 58-36-32. Zoning: A-2.
4. Francis E. Rist - petition for variance to Sections 19-10
and/or 19-12 of the Butte County Code for the placement of a mobile home
at Route 2, Box 2362A, Oroville, AP 25-16-74o Zoning: A-5o
Page 113.
August 1,.1978
August 1, 1978
Lynn^Vanhart, director^of environmental health, set out the
background of the petitions. They are in order.
Hearings open to the public. Appearing: No one.
Hearings closed to the public and confined to the Board.
On motion of Supervisor Richter, seconded by Supervisor Moseley
and carried, the following petitions for variance to Sections 19-10 and/or
19-12 were approved for a period of one year:
1. W. D. Battenfield - petition for variance to Sections 19-10
and/ar 19-12 of the Butte County Code for placement of a mobile home at
Route 2, Box 358, Durham,.AP 40-09-34. Zoning: A-5.
2, Lt. R, Eo Cherry - petition for variance to Sections 19-10
and/or 1912 of the Butte County Code fox placement o£ a mobile home on
Ten Mile House Road, AP 56-05-37. Zoning: TM-40.
3. Leroy Martin - petition for variance to Sections 19-~.0
and/or 19-12 of the Butte County Code fo.r placement of a mobile home
off of Ishi Trail, AP 58-36-32, Zoning: A-2.
4. Francis E, Rist - petition for variance to Sections 19-10
and/or 19-12 of the Butte County Code .for the placement of a mobile home
at Route 2, Box 2362A, Oroville, AP 25-1b-74. Zoning: A-5,
78-1411 PUBLIC HEARING DATES SET
The. following public hearing dates were set for Planning items:
1. AcpubEicDhearing date of August 29, 1978 at 9:30 a.m. was
set for consideration of John D, Drake - proposed negative declaration
and rezone from "A-2" (general) to "R-1" (single family residential},
"R-2" (duplex residential) and "R-3" (medium density residential)
property located on the east side of State Highway 99, approximately
630 feet north of Lassen Avenue containing 42 acres, more or less, Chico.
2, A public hearing date of August 29, 1978 at 9:45 a.m. was
set for consideration of Ray Delzell - proposed negative declaration and
rezone from "SR-1" (suburban residential, one acre parcels) to "C-1"
(light commercial) property located on the west side of Muir Avenue,
approximately 400 feet north of State Highway 32, identified as
AP 42-30-18 (portion),. containing 0.60 acres, more or less, Chico.
3. A~ublic hearing date of August 29, 1978 at 10:00 a.m.
was set for con aderation of Diamond International Corp. - proposed
negative declaration and rezone from "TM-40" (timber mountain, 40 acre
parcels) to "TM-20" (timber mountain, 20 acre parcels) property located
approximately 1/4 mile south of Forest Service Road No. N234, approximately
1/4 mile north of Lynch Meadows Road, approximately 1-1'/2 miles east of
Concow Road, identified as AP 58-03-02 (portion) containing 20 acres,
more or less, north of Oroville.
78-1412 REPORT TO BOARD RE: EVER GLO, INC. DENIED ENVIRONMENTAL IMPACT REPORT
AND REZONE FROM "A-2" (GENERAL) AND "R-1" (SINGLE FAMILY RESIDENTIAL) TO
"PA-C" (PLANNED AREA-CLUSTER) TO ALLOW CONDOMINIUM COMPLEX, PROPERTY
LOCATED AT NORTH END OF TOM POLK AVENUE, THE WEST END OF EL VERANO WAY AND
ON THE SOUTH SIDE OF LASSEN AVENUE AT GODMAN AVENUE IDENTIFIED AS
AP 44-09-13 (PORTION),, AP 44-21-02 (PORTION) AND AP 44-32-24, CONTAINING
15 ACRES, MORE OR LESS, CHICO
Bettye Blair, interim planning director, made a report to the
Board regarding Ever Glo, Inc.. - denied environmental impact report and
Page 114.
August 1~ 1978
August I, 1978
rezone^from "A-2" (general) and "R-1" (single family residential) to
"PA-C" (planned area-cluster) to allow a condominium complex, property
located at the north end of Tom Polk Avenue, the west end of El Verano
Way and on the south side of Lassen Avenue at Godman Avenue identified
as AP 44-09-13 (portion), AP 44-21-02 (portion) and AP 44-32-24, containing
15 acres, more or less, Chico. The matter has been set fox hearing
on August 22, 1978 at 10:00 a.m. to consider appeal.
78-1413 APPROVE REQUEST FOR AUTHORI7ATION TO PRINT 500 COPIES OF PROPOSID
GENERAL PLAN AMENDMENT AT A COST OF $1,500 WITH CHARGING FOR COPIES.
TO BE MADE ACCORDING TO MEMO DATED JULY 28 1978 FROM PLANNING DEPT.
On motion of Supervisor Richter, seconded by Supervisor Lemke
and carried, the Planning Department was authorized to print 500 copies
of the proposed General Plan Amendment at a cost of $1,500 with charging
for copies to be made in accordance with memo dated July 28, 1978 from
the Planning Department.
78-1414 APPROVAL OF PLANS AND SPECIFICATIONS FOR BULL HILL ROAD BRIDGE
@ BUTTE CREEK PROJECT N0. 91512-77-1, FEDERAL ATD SAFER OFF SYSTEM
PROJECT N0. SOS-007(2) PUT OVER_TO LATER IN THE MEETING
Clay Castleberry, public works director, stated that the
Bull Hill Road Bridge @ Butte Creek Project No. 91512-77-1 is using
FAS system money. The bridge has been designed and he would like to
put the project nut the bido Seventy percent has been authorized under
FASOS, It is proposed in the budget to fund 30% of the county's share.
The bid does not have to be awarded if the project is not included in
the budget.
It was moved by Supervisor Richter, seconded by Supervisor Moseley
that the plans and specifications for Bull Hill Road Bridge @ Butte Creek
Project No, 91512-77-1, Federal Aid Safer Off System Project No. SOS-007(2)
be approved; Public Works be authorized to advertise project subject to
Federal Highway Administration approvak; the Chairman and Director of
Public Works be authorized to sign plans; the wage scale be adopted;
and the bid opening set for 11:00 a.m., Public Works office, August 24,
1978.
Chairman Winston stated that the matter should be put over
for consideration at budget time on a priority list.
Motion ,'withdrawn. Matter put over.
78-14I5 AUTHORIZE ExCHANGE OF FUNDS TO THE CITIES FOR COUNTY'S USE OF FAGS
FUNDS AS WAS APPROVED FOR 1976-77 AND 1977-78 RE: FIVE YEAR FAU-FAS-FASOS
PROGRAM MANDATEB BY AB 4D2
On motion of Supervisor Richter, seconded by Supervisor Moseley
and carried, exchange of funds to the cities for county's use of FASOS
funds as was approved for I976-77 and I977-78 regarding the five year
FAU-FAS-FAGS program mandated by AB x402 was authorized in the approximate
amount of $45,000,
78-1416 CONTINUED PUBLIC HEARING - DISTRIBUTION OF STATE SURPLUS FUNDS FOR
SPECIAL DISTRICTS - SENATE BILL 154
The public hearing on distribution of state surplus funds for
special districts, SB 154, was held as continued.
Hearing open to the public. Appearing: No one.
The hearing was continued to August 8, 1978 at 10:00 a.m. with
the .:.understanding that if the information is not forthcoming the hearing
may have to be continued again.
Page IIS.
August 1~ 1978
August 1, 1978
78-1417 PUBLIC^HEARING: DAN HATS - PROPOSED NEGATIVE DECLARATION AND REZONE
FROM."TM-40" (TIMBER MOUNTAIN - 40 ACRE PARCELS) TO "TM-10" (TIMBER
MOUNTAIN - 10 ACRE PARCELS) PROPERTY LOCATED ON BOTH SIDES OF DOE MILL
RIDGE ROAD APPRp~C. 3 MILES_.SOUTH OF SCHOTT ROAD, IDENTIFIED AS AP 63-02-72,
73 AND 74 CONTATNiNG 133 ACRES MORE OR LESS NORTHEAST OF CHICO
The public hearing on the Dan Hays proposed negative declaration
and rezone from "TM-40" (timber mountain - 40 acre parcels) to "T'M-10"
(timber mountain - 10 acre parcels) property located on both sides of
Doe Mi11.Ridge Road appro:mtately 3 miles south of Schott Road, identified
as AP 63-02-72, 73 and 74, containing 133 acres, more or less, northeast
of Chico was held as advertised. Earl Nelson, ::environmental review
director, set out the background of the negative declaration.
Hearing on the negative declaration open to the public.
Appearing: No one,
Hearing closed to the public and confined to the Board.
On motion of Supervisor Richter, seconded by Supervisor Lemke
and carried, noting that the project is consistent with. the General Plan,
finding that the proposed project could not have a significant effect on
the environment, a negative declaration was adopted.
Bettye Blair, interim planning directox, set out the background
of the rezone. The Planning Commission recommended approval of the rezone.
There was little activity at the hearing.
Hearing on the rezone open to the public. Appearing: No one.
Hearing closed to the public and confined to the board.
On motion of Supervisor Richter, seconded by Supervisor Moseley
and carried, the rezone from "TM~40" {timber mountain - 40 acre parcels)
to "TM-10" (timber mountain - 10 acre parcees) property located on both
sides of Doe Mill Ridge Road approximately 3 miles south of Schott Road,
identified as AP 63-02-72, 73 and 74, containing .133 acres, more or less,
northeast of Chico was approved as indicated in the proposal from the
Planning Commission finding that a negative declaration has been adopted
and finding that the rezone is in compliance with the General Plan and
the owners of the rezone; Ordinance 1948 was adopted and the Chairman
authorized to sign.
RECESS: 10:15 a.m.
RECONVENE: 10:27 a.m.
78-1418 REPORT B'Y_COiJNSEI; RE: MEETING WITH JOINT WATER BOARD
Dan Blackstock, county counsel, made .a. report to the Board
regarding a meeting he attended with the 3oint Water Board. The matter
of sale of water to them was discussed. They confirmed that they are
not interested in purchasing the watero The only time they would even
want to consider purchase of water would be during a draught. It would
be economically unfeasible to try to set up such a situation. They advised
that in the event the power plant is located here they were-"s.trongly in
favor of the County supplying the water for the plant.
meeting.
County Counsel to prepare a memo to the Board summarizing the
Mr. Blackstock stated that he asked the districts to give
him a letter to the effect that they did not want the County's entitlement.
Page 116,
August 1, 1978
August 1, 1978
78-1419 PUBLIC HEARING: HEAL DENNY - APPEAL OF ADVISORY~AGENCY'S DECISION
RE: WAIVER APPLICATION FOR TENTATIVE PARCEL MAP, AP 24-24-01, TWO PARCELS
SOUTH SIDE OF CENTRAL HOUSE ROAD ONE MILE EAST OF HIGHWAY 70 HONCUT AREA
The public hearing on the Neal Denny appeal of Advisory Agency's
decision regarding waiver application for tentative parcel map, AP 24-24-01,
two parcels, south side of Central House Road, one mile east of Highway 70,
Honcut area was held at this time. Clay Castleberry, public works director,
stated that the appeal was for waiver of a parcel map being granted subject
to a record of surveyo Mr. Denny is proposing to divide a large farm into
two small farms. Mr. Castleberry recommended that the filing of a record
of survey be waived in this case. The property is in excess of 100 acres.
The property lines are such that they are not critical.
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 carried, the appeal was upheld<
78-1420 AUTHORIZE CHAIRMAN TO SIGN GRANT DEED CONVEYING COUNTY SURPLUS
PROPERTY TO CLASKEY B. McCLASKEY AS A CONDTTiON OF AN AGREEMENT FOR SALE
BETWEEN C. B. McCLASKEY AND. COUNTY OF BUTTE FOR RIGHT-OF-WAY ACQUISITION
ON DAYTON ROAD @ SR 32 REALIGNMENT PROJECT
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and carried, the Chairman was authorized to sign grant deed conveying
county surplus property to Claskey B. McClaskey as a condition of an
agreement for sale between C, B. McClaskey and County of Butte for
right-of-way acquisition on Dayton Road @SR 32 realignment project.
78-1421 ADO1tTVRESOLUTTON 78-133 SUMMARY ABANDONMENT - PORTION OF ESPLANADE:
AUTHORIZE ..CHAIRMAN TO SIGN QUIT CLAIM DEED CONVEYING TO R. M. EISELT ET UX
THAT PORTION OF ESPLANADE NO LONG~R_NEEDED FOR ROAD PURPOSES
On motion of Supervisor MosE~:gy, seconded by Supervisor Lemke
and carried, the following Public Works items were approved:
1. Adopted Resolution 78-133, summary abandonment of a
portion of Esplanade no longer needed for road purposes and authorized
Chairman to sign. _
2. Authorized Chairman to sign quit claim deed conveying to
R. M. Eiselt et ux that portion of Esplanade no longer needed for road
purposes.
78-1422 DISCUSSION: SKYWAY - SOUTHERN PACIFIC RIGHT-OF-WAY AC UISITION
Clay Castleberry, public works director, stated that the Board
had authorized Public Works to acquire the Southern Pacific right-of-way
between Butte Creek and Magalia. We are in negotiations, The County
offered some $80,000 and Southern Pacific said $2 m3.llion. There will
be a meeting Friday with the Southern Pacific right-of-way people.
Mr. Castleberry stated that he had in the right-of-way budget money
for this project but it was not encumbered as requested. He would
like to talk with the Board at budget time, Mr, Castleberry will
report back on the meeting held.
78-1423 AUTHORIZE PUBLIC WORKS TO BRING BACK CONTRACT CHANGE ORDER NOT
TO EXCEED $2,500 FOR THE SKYWAY NEAR R05EWOOD PROJECT FOR ADAITIONAL
EXCAVATION
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and carried, Public Works was authorized to bring back a contract change
order not to exceed $2,500 for Skyway near Rosewood project for additional
.excavation
Page 117.
August 1,.1978
August I, 1978
78-1424 RESOLUTION CALLING FOR SPECIAL ELECTION FOR PURPOSE OF SUBMITTING
BALLOT MEASURE RE: CONSTRUCTION, DEVELOPMENT AND ACQUISITION :!'OF LOW INCOME
HOUSTNG AND ORDERING THE CONSOLIDATION OF THE ELECTION WITH THE GENERAL _.
ELECTION TO BE HELD IN NOVEMBER 7 - SOUTH OROVILLE - PUT OVER TO AUGUST 8,
1978
The consideration of a resolution calling a special election for
the purpose of submitting a ballot measure regarding the construction,
development and acquisition of low income housing and ordering the consoli-
dation of-the election with the General Election to be held November 7
was put over to August 8, 1978.
78-1425 APPOINTMENTS TO CITIZENS ADVISORY COMMITTEE ON DRUG ABUSE/ALCOHOL
ADVISORY BOARD
On motion _o£ Supervisor Richter, seconded by Supervisor Moseley
and carried, the following persons were appointed as members to the Citizens
Advisory Corranittee on Drug, Abuse/Alcohol Advisory Board:
Roy Applegate
Jeanie Covell
Janel Stuenkel
Charles Freer
78-1426 APPOINTMENT TO BUTTE COUNTY MOS UITO ABATEMENT DISTRICT
On motion of Supervisor Moseley, seconded by Supervisor Richter
and carried, Gary Justeson was appointed as a member to the Butte County
Mosquito Abatement~District.
78-1427 APPOINTMENT TO BUTTE COUNTY COUNCTL FOR SENIOR CITIZENS - PUT OVER
TO AUGUST 8.,__1978
Appointment to the Butte County Council for Senior Citizens
was put over to August 8, 1978,
78-1428 APPOINTMENTS TO BUILDING CODE BOARD OF APPEALS
On motion of Supervisor Moseley, seconded by Supervisor Richter
and carried, the following persons were appointed as members to the
Building Code Board of Appeals:
Ron Graves
Lloyd Franklin
Gilbert H Bowles
78-1429 APPOINTMENT TO THE NORTHERN CALIFORNIA HEALTH SYSTEMS AGENCY
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and carried, Kenneth E. Lange,~D.D,S. was appointed as a member to the
Northern California Health Systems Agency.
78-1430^APPOINTMENTS CONTINUED TO AUGUST 8, 1978
The following appointments were continued to August 8, 1978:
1, Appointments to the Housing and Co~eunity Development
Advisory Committee,
2. Appointment to the Human Services Advisory Commission.
78-143T"~JDISCUSSION: LAND DEVELOPMENT PROCESSING REPORT
Chairman Winston stated that some time ago the Board directed
the Administrative Office to investigate and develop land use in Butte
County. The Board felt that this was a burdensome process for individuals,
It was suggested that some improvement could be made, This resulted in
the memo of July 10, 1978 with the recommendations on page Z2 suggesting
reorganization of a new department, Department of Planning and Development,
This would encompass Planning Environmental Review, LAFCo, BCAG
Page 118.
August 1, 1978
August 1, 1978
and 18 activities,^and .~9~: commissions.
Supervisor Richter stated that this is a tough subject. It
is difficult to know the questions to ask in getting the information
that is needed. He agreed that the process should be made speedier.
There are a lot of different proposals.
Clay Castleberry, public works director, stated that several
things in the proposal should be done. He suggested that the Board get
with the_developers and ask them to help with the process. As far as
building permits and land divisions, at one time they, were in Planning.
Public Works still did the technical processing of the maps and improvements
related to the maps but the other part was in the Planning Department.
A year ago this was transferred to Public Works Department.
Gerald Lively, administrative analyst, stated that the
Board has to ask the question who is responsible. By looking at the
present process the map begins with Public Works where the application
is considered and discussed with the Subdivision Unit. It ends up
with Public Works when the map is recorded. There is no administrative
control. The application could go through the Planning. Department,
Envrronmental Review Department with Public Works being the contact
agency. The question is who is in adminstrative control of land develop-
ment.
The matter will be continued as time permits.
78-1432 REPORT TO BOARD RE: McLAUGHLIN/GREEN SUBDIVISION
Ron Graves set out the background of the subdivision. The
original subdivision has been reduced from 14 to 8 lots, 1/2 acre lots.
Some are larger where required by the Health Department. He is asking
for an interim zoning so that the development can be completed and a
certificate of compliance can be issued and the public report can be
completed,
Dan Blackstock, county counsel, stated that one way of
resolving the matter was to interim zone to residential 1/2 acre lots
limited to residential homes. It is presently zoned for mobile homes
as well as residntial homes. The interim zone would be less in size
but more restrictive in use. If the Board does not care to interim
zone the property, they could simply not zone and require a formal
subdivision map, They could go along with the modified certificate of
compliance based upon a record of survey which would contain alI the
information that is required on a subdivision map and private road
subdivisions This can be done in phace of a formal subdivision map.
The only way he could support this arrangement is because of the
problems the developer has had with County officials.Based upon their
recommendations a good amount of money was spent. If the Board does
not want to interim zone, a modified certificate of compl-lance with
conditions could be accepted. The subdivision was there before the
zoning.
Mr. Graves stated that he has met with a group from Magalia.
The spokesman agreed that if the lots were cut down to 1/2 acre lots
the objections would be withdrawn. They have never received a negative
report so far as the 1/2 acre lots. Mr. Graves stated that the matter
was mishandled last summer. He felt that they were entitled to special
consideration. The developer would not have spent the money if he had
not been advised as he had. The developer has complied with everything
that was required by the officials. The District Attorney required that
fines be paid on the illegal subdivision. j He advised the developer to
check with the county on proceeding with the development. The county
Page 119.
August 1, 1978
August 1,.1978
allowed a building permit for one of the lots.
Mr, Blackstock stated that in all of the other cases there
was no problem with the zoning. The other illegal lot splits were in
the A-2 zoning.
Appearing:
1. Bill Cutler, i90 Woodland, Upper Ridge Property Owners
Association for Firhaven. Mr. Cutler stated that when the matter first
came up he was opposed to the project. The Association does not
want the density increased becuase of inadequate access roads. Perry
Road comes down to 11 feet. It is too narrow for high density homes.
There are three mobile homes on that parcel of land. When the developer
first approached the Association, they agreed that 1/2 acre lots would
be sufficient. After the heavy rains, there was a problem with springs
percolating. The neighbors discussed this with Phil Kelly and he was
against having less than 1/2 acre lots. Mr. Cutler received a call from
Mr. Kelly sCatix~gi that he had changed his mind and would go along with
1/2 acre lots.
2. Ted Baer, 254 Woodland, representative for Sierra Del
Oro Property Owners Association. Mr, Baer stated that it was unanimous
that the Association does not want any change in the present rule
regarding F`irhaven that would cause a heavier density. Because of the
topography of the area the water drains into the PID reservior.
Chairman Winston stated that PID has written a letter to
the Board withdrawing their objections.
Richard Hardin, attorney representing McLauglin and Green.
Mr. Hardin stated that the reason the parcels were decreased is because
that is what the citizens in the area wanted. His client has agreed
to a compromise of 1/2 acre parcels. Now Mr, Cutler says the people
have changed their minds. The reason that this matter is being presented
to the Board is that there is a judgment in Superior Court directing
his clients to comply with the Subdivision Map Act. The clients are
trying to comply with the judgment. Mr. Hardin stated that his clients
wer willing to improve the road,
It was moved by Supervisor Lemke, seconded by Supervisor Moseley
that based on the facts that a certificate of compliance would trigger
a public hearing, a modified certificate of compliance based on a record
of survey with the same requirements as a subdivision be taken to the
Subdivision Review Committee. for holding of a hearing on the certificate
of complaince.
Discussion of the motion had at this time. Supervisor Richter
stated that maybe the motion was premature. Possibly it would be appropriate
if someone designated by the Chairman could meet with the designated
G~tizens group and the engineer to see if an agreement could be made as
to the access.
Motion withdrawn.
The matter is continued to August 8, 1978. Supervisor Lemke
to coordinate a meeting with the citizens group and the engineer.
78-1433 APPEARANCE: BILL STEWART CALIFORNIA DEPARTMENT O1' VETERANS A~'AIRS
Mr. Stewart spoke to the Board regarding the funding-for the
Veterans Service Officer. The State of California allocates $1 million to
subvention of the Veterans Service Officer. Butte County receives $13,087.
Page 120,
August 1, 1978
August 8, 1978
One half of that has been claimed and paid, During the last fiscal year
this office obtained federal monies in veteran's benefits of over $1,700,000.
It cost the County something less than $41,000. These people are the
public defenders of the public's rights. The big agencies have forms
and regulations that make it impossible for an individual to deal with
them. Butte County has done a good job with the veterans, Mr. Stewart
stated that he would not like to see the Veterans Service Officer
eliminated.~~ixn Butte County.
Chairman Winston stated that the Board would not make a
decision until at least 15 days after the veterans organizations were
notified to consider possible funding reductionso The needs of the
veterans and the Veterans Service Officer are going to be considered
very carefully. Mr. Penn has addressed a memo to staff regarding
reduction of expenses.
78-_1434 APPEARANCE: HARLD PENN, VETERANS_SERVICE OFFICER
Mr. Penn stated that the veterans groups have agreed to
a meeting an the evening of August 7, 1978 at the Memorial Hall to
help the Board with the cut of expenses. The group would like to have
Mr. Mickel son attend the meeting.
Chairman Winston and Mr. Nickelson to attend meeting.
78-1435 APPEARL~NCE: GENE KOELLE
Mr. Koelle questioned the Board regarding the $12,000 extra
help money in the Board's budget. Mr, Koe11e stated that he would
like to see the Board cut that amount from their budget. He works at
the memorial hall and makes a yearly income of $8,200. This would
help to keep his job. Mr. Koelle stated that there. was a statement
made to drop the janitors and lay off 27 employees. The janitorial
service could be contracted out. This is going to cost the County
money. The difference. of funds between the bids on the janitorial
service and the salaries of the employees should be considered,
There could be a lay off to meet the difference.
78-1436 APPEARANCE: STAN FORTIER
Mr. Fortier stated that he had been unable to monitor his
orchard. There have been symptoms of MCPA drift on the orchard again.
Mr. Fortier took samples of leaves on July 10, 1978 and sent them to
Morris Lab. They had .32 parts per million of MCPA. kIe filled out
a County report of loss last week. Last year the samples were taken
on August 5, They were down to .034 parts per million. He will take
samples again around the 5th of August to see if the MCPA will drop.
Mr. Fortier stareed filing out report of loss in 1968. Mr. Fortier
has reports on the investigations made. At the Time of the report
there was a 50% harvest. The reports state that it is impossible to
figure out the damage.
Chairman Winston stated that he would like to meet with
Mr. Fortier to discuss the problem.
78-1437 APPEARANCE: BEACHER B. GILBERT
Mr. Gilbert referred to a memo from Mr. Bandy to the Board
regarding herbicide. There are two reports .that have came back from
the State Lab. The results were as follows: detection of 245T - Oo4
parts per million. MCPA - Oo4 parts per million. This was dated
July 12, 1978, The next report dated July 20, 1978 had the following
results: 245T - 0.75 parts per million. MCPA - 0.47 parts per million.
This is not within the proper use of applying herbicides. This drift
is going to cost him money. Mr. Gilbert stated that he had contacted
a flyer who had app1~'ed herbicides and was told that if he tried to
fight the application of herbicides there were people with more money
who could fight him.
Mr. Bandy in to be asked to attend the Board meeting next
week to discuss the matter.
Page 1210 .August 1, 1978
August 1, 1978
78-1438 APPEARANCE: MARILYN THRASHER
Ms. Thrasher stated that she was with the Senior Citizens
Nutrition Program. She showed the Board a newspaper article out of
the Oakland TribuIIe. She is about to go over her budgeted meals.
She has Meals-on-Wheels customers.
Administrative Officer to arrange a meeting with. Ms. Thrashes.
78-1439 APPEARANCE; HENRY CURTIS
Mr. Curtis stated that on May 25 he mailed a letter to the Board
asking for closure of El Paso Way. There is a very bad situation on
the road,
Clay Castleberry, public works director, stated that it is
possible by petition to abandon a public road or a portion of it.
The Board asked his office to look at alternatives. There will be a
written report forthcoming within two weeks.
Counsel to prepare a resolution giving notice of intention
to abandon a public road on El Paso Way and bring it to the Board on
August 8, 1978.
78-1440 APPEARANCE: PASTOR DARRELL BYERS
Pastor Byers stated that the Midvalley Baptist Church is
having a problem with the State Fire Marshall. He have a copy of
the violations to the Chairman. The church was built in 1970. The
Fire Marshall had demanded that changes be made in 60 days. The
violation was that the heavy glass windows between the sanctuary
and the hallway must be taken out and replaced with wire glass
1/4 inch in thickness. There were other things demanded. There
was a requirement for smoke detectors in the vents of the heating units.
Pastor Byers stated that he could not understand why his church is
inspected every year and others are not.
Supervisor Richter stated that Counsel, Public Works and
Mr, Blasingame are going to sit down to discuss the matter.
78-1441 APPEARANCE: LEW RUBBERY
Mr. Hubbert stated that the EDAW report on page 8 refers to
the air quality and problems of health that may happen if the PG&E coal
powered plant is situated in Butte County. Paradise would be a major
recipient of air pollution.
78-1442 APPEARANCE: NEIL'McCABE
Mr. McCabe stated that there was no accurate record of the
Walnut Woods Subdivision hearing held on .7uly 11, 1978. The tape was
not working that day. He asked for one of two things. One alternative
would be for all counsel involved to sit down together and go over the
minuteso Another alternative would be to terminate the proceedings and
hold another hearing. The Board is required to attach a summary to the
EIR. Mr, McCabe did not feel this could be done. Findings were inserted
in the minutes that were not discussed during the original hearing.
They should be corrected,
Dan Blackstock, county counsel, recommended that the Board
do nothing. The Environmental Review Department has completed the EIR,
They were here and heard the comments. The Board in adopting the findings
reviews the minutes before it acts on them. The Board has ratified them.
Earl Nelson, environmental review director, stated that he
planned to attached the minutes to the EIR as they are the official
record.
Page 122.
.t,:~.a::4~ :;~~~-ed E.:ha:~- August 1, 1978
August 1,
Mr. McCabe filed a letter
1978
with the clerk.
78-1443 APPEARANCE: DON BLAKE
Mr. Blake stated that he was the executive secretary of the
Citizens Against the Coal Power Planto Mr. Blake felt that the facts
were in. There are implications for the County on page 8 in the
EDAW report. There is an attitude that once the plant is in Northern
California it will become an industrial center. This plant will have
to drive industry out because of the air pollution it will generate.
Mr. Blake stated that in order to get the power plant on the ballot
there must be 8,000 signatures obtained between August 5 and August 13.
Chairman Winston stated that PG&E was required to give an
example showing the effects of the worst exhaust fumee PG&E is entitled
to defend their case and answer inquiry to prove or disprove their
statement.
Mr. Blake stated that the areas of Kelly Ridge and Paradise
would be the hardest hit by the plant. Mr. Blake stated that the Energy
Commission is shocked with the vigor with which Butte County is pursuing
the plant. The testimony of 3ames A. Cosglow told the Commission that
we can put all of the particulates we want without looking at it.
Supervisor Richter stated that he did not agree that Butte
County is committed to the power plant. Counsel was order to pursue
the facts and not take a position of advocacy of the power plant.
78-1444 APPEARANCE: TED WHITE, PG&E
___. Mr. White stated that a process was formalized in 1975 to
make sure the public would participate and all data would be before the
people. This is the process that is taking place at the present time.
Eighteen months from the beginning of the process the preliminary report
must be issued. This process has just been completed, Mr. White urged
the people to wait until the report was out. There is data both pro
and con.
78-1445 APPEARANCE: CHET SW:ITHINGTON
Mr, i;W ithington stated that he would like to get publicity
about a meeting for health. cared The major problem is poor procedures
in billing. The Veterans Administration is sending a group up to
talk the doctors and pharmacists to help them understand the billing
procedures. The meeting will be held August Z0, 1978 at Chico Memorial
Hall,
78-1446 APPEARANCE: CHRISTIAN H. STUBORG
Mr. Stuborg stated that he lived just a few miles from the
proposed power plant. There is going to be 16,000 tons per day required
to fire up this plant. This will require two trains per day coming into
Oroville carrying coal. There will be a total of eight pounds per day
per mile of coal dust deposited from these trains into the area.
SUPERVISOR RICHTER ERCUSED_AT 1:12 p.m. FORA MEETING
~78-I44~ CONTINETED PUBLIC HEARING: SOLANO RAIL CAR CO, - DENTED NEGATIVE
DECLARATION AND REZONE FROM "A-2" (GENERAL} AND "A-R" (AGRICULTURAL
RESIDENTIAL) TO "M-2" (HEAVY INDUSTRIAL) PROPERTY LOCATED ALONG THE
SOUTTiERN PACIFIC RAILROAD RIGHT-OF-WAY FROM BAGGETT MARYSVILLE ROAD
SOUTH TO OPHIR ROAD, IDENTIFIED AS AP 35-210-01, 35-220-2, 36-16-14,
AND 36-27-20 (PORTION)~_CONTAINING 10.0 ACRES, MORE OR LESS. OROVTLLE
The public hearing on the Solano Rail Car Coo denied negative
declaration and rezone from "A-2" (general) to "A-R" (agricultural
residential) to "M-2".(heavy industrial) property located along the
Page 123,
August 1, 1978
August 1, 1978
Southern Pacific Railroad right-of-way from Baggett Marysville Road south
to Ophir Road, identified as aP 35-210-01, 35-220-2, 36-16-14, and 36-27-20
(portion), contaiing I~1.0 acres, more or less, Oroviile was held as
continued.
Hearing open to the public. Appearing: t:
1. Raoul LeClerco Mr. Leclerc stated that Solano Rail Car Co.
would like to withdraw their application at this time. There is no
line down the center of the tract for zoning.
2. Stan Sector. Mr. Sector filed a copy of a letter to Lynn
Vanhart to evoke Chapter 32 of the Butte County Code regarding nuisance
abatement with the Board,
RECESS: 1:20 p.m.
RECONVENE: 2:25 p.m.
78=1448 AUTHORTZE RELEASE OF ALL CLAIMS AND COUNTY TO ENTER INTO A SETTLEMENT
RE: CASE BETWEEN COUNTY OF BUTTE AND GORDON 5. MITCHELL AND SEYMORE S.
GOLDBERG TNDIVIDUALLY AND AS GENERAL PARTNERS OF CRAIG HALL A CO-PARTNERSHIP
On motion of Supervisor Richter, seconded by Supervisor Lemke
and carried, a general release of alI claims in the amount of $20,500
was authorized and the County will enter into a settlement with Gordon S.
Mitchell and Seymore ~. Goldberg, individually and as general partners
of Craig Ha11, a co-partnership, regarding an Assessment Appeals hearing
that has been before the Superior Court.
78-1449 CORRECTION TO MINUTES OF JULY 18, 1978, MINUTE ORDER 78-1320 RE:
PLACEMENT RATES FOR REHABILITATION FACILITIES AND HOMES TO BE USED BY
j PROBATION AND WELFARE DEPARTMENTS
On motion of Supervisor Lemke, seconded by Supervisor Richter
and carried, the minutes of July 18, 1975, minute order 78-1320 were
corrected to include Children's Home Society Group Home, rate $1,050 per
month as needed and to correct amount of Ho11y Acres from $1,030 to
$1,071.
78-1450 BUDGET HEARING AND FINAL HEARING ON REVENUE SHARING
Supervisor Richter stated that he would like to suspend the
decision on the Economic Development Commission. He felt that the people
interested In the matter should be invited to attend the meeting and
discuss the matter.
Dan Blackstock, county counsel,asked the Board what they wanted
to do regarding the water.
The matter to be placed on the agenda for August 8, 1978,
Chairman Winston stated that he had received a memo from
Bi1i Lawrence, auditor, stated that Evelyne Payne and Dick Puelicher
would attend the budget hearings for him.
The revenue sharing portion of the hearing is to be discontinued
at this time.
78-1451 PROPOSITION 13 - $UDGET ADJUSTMENTS
Budget adjustments to be discussed at this timeo
16. Proposed placing of motor vehicle in-lieu revenue into general
fund instead of road and bride fund
Clay Castleberry, public works director, stated that for many
years the County has placed motor vehicle in-lieu fees in far road purposes.
Page 124.
August 1, 1978
August 1, 1978
He hoped the~Board would continued this. Public'Works recommends that
these funds be continued in the road budget to provide one of the tangible
things Butte County does get for the monies.
Chairman Winston stated that the road projects should be placed
in priorities along with other expenditures in Butte County>
Mr. Castleberry stated that when the Board created the special
road fund last year for the in-lieu monies, if there was a need the money
could be transferred. There are some positions in Public Works that
have not been filled. The level of staff could be reduced and the level
of service could be reduced a little bit. There are a few projects that
could be postponed. When you are talking of $1,200,000, that is not a
small matter. It is a substantial part of the Public Works budget.
His office is doing same pre-engineering. This is being done on projects
where the board has authorized or listed as projects in the right-of-way
acquisition program. Skyway is being pre-engineered all the way through.
His office has been asked to come forth with a-five-year plan.
Supervisor Richter stated that he did not feel that the money
should be used in the general fundo All projects have been put on a
priority list in terms of Public Worksa There will never be sufficient
monies to build roads and maintain roads in the manner there should be,
Glif Mickelson, administrative officer, stated that on page
184 the Public Works budget shows a total of $5,880,301. Indications
are that it is closer to $7 million. His office believes that there
could be a rather large transfer of motor vehicle in-lieu money because
of this ,year. It could be placed into the general fund and still not
have to cut back on the Public Works Department's road projects proposed,
Qerald Lively, administrative analyst, stated that the office
went'- through the enctanberance review. The process has left a large
number of projects unaddressed. The Auditor's office has been looking
at the funds in Public Workso There is a possibility of $1.5 million
floating around that is not budgeted or set aside for a specific use.
Hal McDonald, assistant public works director, stated that
he did not know how the report came up with 111 projectso There are
83 work orders with funding from three different sources. There are
31 projects proposed in the budgeto Out of the 31 projects 11 are
rebudgeted.
was
Mx. Lively stated that he/talking about money aside from the
budget. This is money turned up because of year end closing. He stated
that the motor vehicle in-lieu money -,(could be placed in the general fund
and there would be funds available to handle everything in the Public
Works budget.
Dick Puelicher, auditor's office, stated that there has been
preliminary estimate as of June 30, 19780 This was put out this morningo
Administrative Officer, Public Works, and the Auditor to get
together to discuss the matter of the fundso
78-1452 APPROVE PLANS AND SPECIFICATIONS - BULL HILL ROAD BRIDGE @ BUTTE.
CREEK PROJECT N0. 91512-77-1, FEDERAL AID SAFER OFF SYSTEM PROJECT N0. SOS-067(2
On motion of Supervisor Lemke, seconded by Supervisor Richter
and carried, the plans and specifications for Bull Hill Road Bridge @
Butte Creek Project No, 91512-77-1, Federal Aid Safer Off System Project
No, SOS-007(2) was approved; Public Works was authorized to advertise
project subject to Federal Highway Administration approval; the Chairman
Page 125,
August 1, 1978
August 1, 1978
and Public Works~Director were authorized to sign plans; wage scale was
adopted; bid opening was set for 11:00 a.m., Public Works office,
August 24, 19780
78-1453 PROPOSITION 13 - BUDGET ADJUSTM$NTS
17.. Proposed elimination of Consumer Protection Unit<:
Supervisor Richter stated that he would be willing to eliminate
the Consumer Protection Unit for budgetary purposes only, If the Board
can save $78,000, he would vote for this. If in fact cutting out the
$78,000 would not help balance the budget he would be opposed to it.
Clif Mickelson, administrative officer, stated that for the
year we are in, contract year that runs from November 1 to November 1,
about $78,000 will be co~leebede~his does not take into consideration
the costs of some of the court's overhead costs you do not see.
It appears that it is just generating enough to offset the property
taxes we put into it. Mr. Leach has requested an opportunity to speak
to the item.
Chairman Winston asked if they might get on Meridian-Munjar
area if the program were continued.
The matter held over for Mr. Leach to be present to discuss..
18. Proposed elimination of the Biggs Judical Court and abolishment of
the_Big~s Judicial District
Mr. Mickelson stated that there were a few legal questions
to be answered before anything could be done.
Matter held over at this time.
19. Proposed use of available revenue,sharin~.in fiscal year 1978-79
Mro Mickelson stated that in this proposal the capital outlay
projects were eliminated and the majority of the funds were used to fund
the Sheriff's Officeo
No action taken at this times
20. Consideration of_contracting for,~anitorial services
The Administrative Office has been asked to seek proposals.
All of them have not been received as yet.
No action taken.
21. Proposal to eliminate Juvenile Hall Superintendent position.
bon Nissen, probation officer, stated that there is a section in
the penal code and the welfare and institutions code that allows the Probation
Officer to recommend to the court that the court order probationers to pay
for services, He was informed that it is customary to charge about $10 to
$15 per month for the service. There are approximately 1,000 people on
probation at the present timed This is up to the court to decide, It
could be income from now on. Mr, Nissen stated that he would be happy
to go back and look at his budget to see if he could find the money in
his budget that would be equivalan~ to the Juvenile Hall Superintendent's
position, He will return to the Board next week to discuss,
Probation Officer and Administrative Office to discuss the matter
of charges of services with the Judicial Council and report back next week.
22, Proposed reduction in Animal Control budget
Administrative Officer to study the matter.
Page 126.
August 1, 1978
August 1, 1978
23 ~Consolidation~of Health Services proposal.
Matter held over until report from Administrative Office as
to what the clinics involved.
RECESS: 3:40 p.m.
RECONVENE: 3:55 p.m.
24 Eroposal re: Assessor's Office
Ted Cleveland, spoke to the Board regarding the proposed cuts
in the Assessor's Office. He presented the Board a memo regarding the
matters With the passage of Proposition 13 the Assessor's Office will
have to make appraisals on sales, building permits and any change in
the property and or ogerations and transfer of ownerships. This will
increase the workload as the present methods of reappraisal will not be
allowed. Before the passage of Proposition 13 the Assessor`s Office
could appraise on a mass appraisal. This is not possibleo The workload
has increased and over 24,000 appraisals will be mandated. When the
State Board of Equalization evaluates the work of the Assessor's Office
there will be an effect on the schools and welfare and other state aid
will be tied to the ability to support itself through the effectiveness
of the Assessor's Office.
Nr. Nickelson stated that at the present time the Assessor's
Office is operating with 10'/, under allotted staff. The vacancies have been
held up in administrative review.
Ed Brown stated that he would like to see the Board put the
matter over so that he and Mr. Cleveland can present facts and figures
to the Administrative Office.
No action taken at thistimeo
25. Proposal to xeduce LiUrary budget
Nr. Nickelson went over the proposal to reduce the Library
budget by 100,000 to 200,000 as requested by the Boardo
Tentative support of reducing Library budget by $200,000.
26. Pro osal regarding Prioritization of Fire Department
Matter to beheld over for report from Mr. Paulus.
27. Proposed fiscal independence for Superintendent of Schools
NP Nickelson stated that the Superintendent of Schools will
still get their share of the tax rate. The Board would not have to
subvent the budget.
The matter was given tentative approval with more input requested.
28. Deletion of vacant Attorne osition in Count Counsel ro osal
Tentative approval.
29. Proposal to designate Planning Department the responsibility for
BCAG and LAFCo
Mr. Nickelson stated that this would take $49,000 out of the
Administrative Office budget. The proposal not to transition the CETA
position of the HCD Staff would be a savings to the general fund, This
is a manpower position that would not be transitioned.
Tentative approval not to transition CETA position in HCD staff.
Personnel change for BCAG and LAFCo to be held until later.
Page 1270
August 1, 1978
August 1, 1978
30. Proposal to eliminate proposed position of Civil Disaster/Communications
Coordinator
Mr. Mickelson stated that this is an additional position. He
is recommending that the Board go out of the civil disaster business and
not crank up the department of communications, This would. mean that the
Purchasing Officer would remain the Civil Disaster Officer,
Tentative approval with a reduction of $16,916,
31. Proposal of reduction in Sheriff/Coroner enforcement division
Mr. Mickelson stated that the present proposal would be
disasterous. By elimination of a number of :;deputies there would have
to be a layoff in the jail because of the bumping.
Mike Pyeatt, deputy administrative officer, stated in order
to reduce three deputies on the en€orcement side there would be a loss
of eight deputies on the CETA side of enforcement and two would be able
to bump back to the CETA side of the jail.
Supervisor Lemke stated that the statement about resident
deputies being eliminated would not work. Those areas are remote and
there would be a law enforcement problem if they were eliminated.
Supervisor Richter stated that the Board could cut at least
$4~;~000 with the thing on the morticians. If the County goes to a County
morgue and have the cases brought to the morgue by the Coronero
This matter to be held until comment from the Sheriff.
33, Proposed reduction in Auditor's budget
Tentative approval,
34. Proposed reduction in Personnel Department budget
Tentative approval,
Additional items for reduction in several bud ets
Tentative approval,
78-1454 ADDITIONAL BUDGET ITEMS CONSIDERED
Supervisor-Richter stated that he was convinced that the
large reserve the .Board has maintained has been a mistake, There are
department heads that would have had to watch their budgets more
carefully if the reserve were not there, Supervisor Richter felt that the
reserve should be reduced to the bare minimum by putting the remainder
into insurance fundo
Discussion of acoounting printout coming to the Board before
the fifth day of each month held at this time.
Dick Puelicher stated that it is possible. There is a summary
budget statement prepared every month. This goes to all department headso
Mr. Mickelson stated that most of the big transfers involved
law enforcement.
RECESS: The Board recessed at 5:05 pom. to reconvene on Thursday,
August 3, 1978 at 10:30 a.m.
Page 128.
August 1, 1978