HomeMy WebLinkAboutM080277~ f-•,
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August 2, 1977
RECONVENED: The Board reconvened at 9:00 a,m, following recess on July 26, 1977,
Present: Supervisors Lemke, Madigan, Nbseley, Winston and Chairman
Richter, Clif Mickelson, Administrative Officer; Dan Blackstock,
County Counsel, and Clark A. Nelson, County Clerk by Margie
Cott, Clerk of the Board.
Pledge of allegiance to the Flag of the United States of America
invocation by Supervisor Lemke
77-1492 APPROVAL OF MINUTES
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
unanimously carried, the minutes of July 20, 21 and 2b, 1977 were approved as submitted,
77-[493 COMMUNICATIONS
Homer L. Coble, Chico, Mr. Coble submits a bodily injury claim on behalf of his son
who fell off his bicycle which reportedly struck a deep hole beside a county
~~-ja , ~ ~~ roadway in Chico. Refer to Commitfee handling claims.
Mary Ann Maguire, Paradise, Mrs. Maguire writes concerning denial of her appeal by the
Board and requests that the Board's action be delayed for 30 days so that they may
i obtain additional access to comply with the Advisory Agency's requirement.
~~ ~/' OS Refer back to Advisory Commitfee for their consideration.
Mr, and Mrs, James P. Swerda, Forest Ranch. Mr, and Mrs. Swerda write concerning a use permit
for the Pacific Telephone & Telegraph Company in Forest Ranch which is
// 3, O d presently under consideration by the Board of Zoning Adjustment.
~ Information.
John J. Cody, Paradise, Mr, Cody writes appealing the granting of a use permit and
negative declaration for Frank Ludlow to allow three five unit apartment buildings
on the west side of Sawmill Road, approximately 350 feet south of Bille Read,
~~ 3 • oD~ Paradise AP 54-29-40. llearin set for Au ust 23 1977 at 10:00 a,m,
~ ' 5 9
~ G puck Horning, Paradise. Mr, Homing writes concerning prosecution of persons violating the
fl~~ O ~ i provisions of the Subdivision Map Act. information.
I
~ City of Biggs, Moyor Callaway writes concerning the utilization of the Library in Biggs
for additional city office space and suggests that a committee be established
~~ ~~ to discuss future library service in that area. Supervisor !Moseley to meet with
S these people to discuss the matter; Jo Terry will also meet with the people.
Regional Criminal Justice Planning Board. Howard Casagrande, planning director, requests
Butte County provide $895 as a portion of local government matching funds
%~~~ 00 fo provide for juvenile delinquency planning, See motion following communications,
Calvary Baptist Church, paradise. The Church writes appealing requin;men#s for curbs,sidewalks
~ and gutters for a use permit for their property at the corner of Clark Road and Nu;relly,
~~ ~ . n ~ Road, Paradise, AP 54-29-40, Set for hearing on August 16, 1977 at 10:30 a,m.
Page 370.
August 2, 1977
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Steve and Dorothy Hess, Appeal dec'sion of Plan checker far use permit for boat shop.
~ Supervisor Lemke stated this was across the street from Bill Kirby's trailer park.
Supervisor Lemke expressed his concern over the fact that the local scenic
drive zone does not conform with the Land Use map and that the local ordinance
~ allows the most flagrant violation of the uses. He would like the Board fo
~~ j. O O consider some type changes in the scenic highway ordinance or doing away
with those scenic highways zoned that way and having them conform with the
Land Use Map. It was felt that Supervisor Lemke should appear before the
Planning Commission and inform them of this matter, He would like the Board
to instruct the Planning Commission to hold hearings on his views regarding
scenic highway zoning. See motion following communications.
~ Eleanor Keener, Oroville, Registers her concern over the Board allocating funds to send
~ ~ ~ Mr, Brooks to FBI school, Bead and discussed,
~~~" ~ Hal Brooks. Withdraws his request to attend the FBI National Academy for the term commencing
OBI September 25, 1977, See motion following communications,
~~~~ I Brunton & Co, They write concerning their option proposal of July 26, 1977 for Mental Health Build
I ing in Chico. Read and discussed. To be discussed again later in the meeting,
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~ 77-1494 REFER MARY ANN MAGUIRE, PARADISE REQUEST BACK TO ADVISORY COMMITTEE
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
~ unanimously carried, Mary Ann Maguire's request for delay of action on Advisory Agency's
requirements referred back to Advisory Committee.
i 77-1495 APPROVE COUNTY PORTION OF MATCHING FUNDS TO PROVIDE FOR JUVENILE
DELINQUENCY PLANNING
Howard Casagrande, planning director, explained the planning grant, Request
for funds discussed.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and carried, the
Board approved providing $895 as a portion of ls~cal government matching funds to
provide for juvenile delinquency planning.
AYES: Supervisors Lemke, Madigan, Winston and Chairman Richter
NOES: Supervisor Moseley.
I
~ Mr, Casagrande spoke concerning AB 90. This is before the Legislature at
this time, There is going to be a meeting in Sacramento on Thursday and he would like to
~ have someone from Administration and maybe a Board member attend the meeting. Mike Pyeatt
~ from Administration will attend the meeting.
177-1496 SUPERVISOR LEMKE TO EXPLAIN TO PLANNING COMMISSION HIS FEELINGS
REGARDING SCENIC HIGHWAY ZONING
~ On motion of Supervisor Lemke, seconded by Supervisor Moseley and
unanimously carried, the request of Steve and Dorothy Hess was referred back to Planning
Commission and Supervisor Lemke was authorized to appear before the Planning Commission
and set forth his views relating to scenic highway zoning,
-1497 RESCIND PREVIOUS ACTION TO ALLOW HAL BROOKS, INVESTIGATOR, TO
ATTEND FBI SCHOOL
On motion of Supervisor Madigan, seconded by Supervisor Lemke and
unanimously carried, the Board rescinded their action of last week to authorize Hal Brooks,
investigator for District Attorney's Office, to attend the FBI National Academy.
Page 371.
August 2, 1977
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98 GOLDEN FEATHERVOLUNTEER FIREMAN PROGRAM: DISCUSSION
Supervisor Moseley commented on the letter read last week from the Golden
ether Volunteer Company. Supervisor Winston stated he had written a letter to
. Nickelson requesting that Public Works and the Fire Department give the letter and
• request study.
Mrs. Morris present to discuss the letter. They are requesting that the dump
in the Concow area be either leased or sold to them for the site of the fire station.
County has abandoned the dump site. The site is owned by the County. County Counsel
report bock on this matter.
i9 SUPERVISOR MADIGAN REQUEST FOR PUBLIC WORKS DEPARTMENT TO REVIEW
TER STUDY POLICY OF CENTRAL VALLEY FLOOD CONTROL COUNCIL
Supervisor Madigan commented on the letter from the California Central
ley Flood Control Council regarding their water study policy. He requested that
ilic Work's Department review the letter and give•~. their comments. Matter to
placed back on agenda next week.
500 PUBLIC HEARING; BILL PARKER APPEAL OF CONDITIONS ON TENTATIVE PARCEL
AP KIBLER ROAD PARADISE
The pu is aring an the Bill Parker appeal of conditions on tentative parcel
:p, AP 53-17-48, three lots, west side of Kibler Road at Nelson Lane, 133 feet north of
'an Lane, Paradise held at this time. Background set out by Clay Castleberry, Director of
iblic Works.
Hearing opened to the public at this time. Appearing: no one.
Hearing closed to the public and confined to the Board. Supervisor Lemke
ted he bad talked to Mr. Parker and he opposed the condition for curb, gutter and sidewalks.
. Parker was not present at the hearing.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
rimously carried, the appeal of Bill Parker of conditions on tents#ive parcel mop,
er Road, .AP 53-17-~4$, Paradise, was denied.
'501 ADOPT RESOLUTION 77-125 AMENDING PERSONNEL RULES
Two changes are proposed to t e Personae es at t is time. One wilt
nplement the change in the pre-employment physical program; the other will permit farmer
ounty employees to be rehired through the Merit System. Resolution discussed.
On motion of Supervisor Winston, seconded by Supervisor Madigan and
ly carried, Resolution 77-125 amending the personnel rules was adopted and the
authorized to sign.
2 RESOLUTION RESTRICTING PARKING: DISCUSSED
A reso ution as een prepare to restrict pa ing in the Chico County Complex.
'd members felt that there should be space For others, rather than just county employees.
spots should not be reserved just for county employees. One-half of the slots should be
rued for twenty-minute parking for the general public.
Clif Nickelson, County Administrative Officer, will research the matter
will place resolution back on next week's agenda.
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August 2, 1977
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-1503 APPROVE CONTRACT: PARADISE COUNTY BUILDING REMODEL
Gene Farren, architect, has su mitted a contract for professional
servicss($6,900) through completion of remodeling and additions to the Paradise County
Building.
On motion of Supervisor Lemke, seconded by Supervisor Winston and
usly carried, contract with Gene McFarren, architect, for Paradise County Building
was approved and the Chairman authorized to sign.
1504 ACCEPT WORK FOR BUTTE COUNTY FAIR PAVING IM7RK
On motion of Supervisor se ey, seconded y Supervisor Winston and
nanimously carried, the work of McKinney Paving antf Trucking in Chico for paving work at
'ne Butte County Fair was accepted, notice of completion authorized to be filed, Chairman
uthorized to sign, and payment in the amount of $23,264.60 authorized.
77i 1505 APPROVE PAYMENT FOR ELECTRICAL AND LIGHTING IMPROVEMENT PROJECT:
BUTTE COUNTY FAIR _
-T~e~afr Board requests fihat a progress payment in the amount of $2,400 be
approved to Peter`s Engineering for electrical and lighting improvement work at the Butte
County Fair Grounds. Discussed.
On motion of Supervisor Moseley, seconded by Supervisor Winston and
mously carried, progress payment for electrical and lighting Improvement work at the
County Fair Grounds was approved in the amount of $2,400 payable to Peter's
~ APPROVE BUDGET TRANSFERS
n motion of upervisor Lemke, seconded by Supervisor Winston and
imously carried, the following budget transfer was approved:
]3-194 SuQLlemental Man ower Program. Under the CETA Title I program
~eaaes manpower services 5,012 to record an additional appropriation
vertently omitted from 8-132 which appropriated only $1,011,281 of
CETA Title 1 allocation approved by the Board on November 23, 1g?6.
transfer also increases the appropriation for Title II programs and
eases the appropriation for Title VZ programs within the City of
o for unanticipated expenditures.
4507 CHAIRMAN AUTHOR17Eb TO SIGN CERTIFICATE OF ACCEPTANCE: PROPERTY
ISPOSITION-2650 ELGIN STREET OROVILLE
T County as near y comp etad acquisition of the subieet property and
in the process of demolishing the structure and clearing the site for disposition.
' On motion of Supervisor Lemke, seconded by Supervisor MMseley and
carried, the Chairman was authorized to sign the certificate of acceptance, establish
fair market value at $500, adopted policy granted right of first refusal to former owners of
property acquired for subsequent disposition in community development project areas, and
9uthorized sale of s.u"bject ,properfy.
ABSTAINING: Svpervisor;Winston
77-508 APPROVE PROPOSAL FOR COMMUNITY DEVELOPMENT SERVICES
Connerly & Associates has proposed a 21,150 fee for !-busing and Community
Development services far 1477-78.
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August 2, 1977
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August 2 `1977
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On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously
Connerly $ Associates proposal was approved and preparation of a single contract ,
rising the previously approved Chapmantown '701"grant and gonerol plan housing
t was authorized.
909 PUBLIC HEARING: ROBERT 6. & KENNETH B. CROSBY-APPEAL OF CONDITIONS ON
)REST RIDGE TENTATIVE SUBDIVISION PAR•AD#SE
The pu lic hearing nn the Robert B. 8 Kenneth B. Crosby appeal of conditions on
crest Ridge tentative subdivision, 19 lots, east side of Oroville~••Pentz-Magalia Hwy.,
tween Bills Road and Bennett Lane, Paradise was held at this time. Clay Castleberry,
hector of Public Works, set out the background of this appeal. The project is located on
e east side of Pentz Road, just above Bills Road. The County has a project out to bid
r this site. Pentz Road forms the boundary for the urban area.
Hearing opened up to the public. Appearing:
I. Phi[ Mace, Attorney at law, representing applicants, stated that the
~plicant was appealing conditions No. I, 6, 9, 12, 13, 14, 15 8~ 17. Conditions No. 1 8 9
late to drainage and they have no problem with the requirement that a permanent drainage
lution 6e provided. There would have to be a finding by the Board to have the cost
located in the matter. Condition No, 12 relates to street lighting. Mr. Mace stated
at there are some subdivisions that do not want street lighting. He asked if this could be
ken into Service Area X13 for the lights class to the corner. The second procedure would
to have a service area formed to take care of and maintain the lights. He felt that the
edition should be in that a district should be formed. He felt that if the lights are
quired, then the service area should be mentioned.
Condition No. 15 discussed. We felt the obvious access was off the main road.
19 should be dropped off the list in Condition No, 15. Mr. Mace stated they could comply
i the condition if Lot 19 was dropped off the list.
Read Improvement conditions, starting with Condition No. 6, requires that a
-half section be built along Pentz. Curbs, gutters and sidewalks would be required. The
y other parcel that has these improvements is the Short-Stop Market. The County is not
Ling in curbs, gutters and sidewalks an the other side of the road. There is nothing to
these improvements in to.
Improvements discussed. Mr. Castleberry stated that an asphalt walkway
I be appropriate. There would be no concrete curbs and gutters on the interior streets.
would be required on Pentz Road frontage only.
Requirements for the interior road standards set out. Mr. Mace stated that the
veloper felt that the interior road is too wide. They would like to put in a 24' paved road.
. Castleberry feels they should stick to subdivision standards.
The other condition requires that the developer pave a stub road. The lots
are existing to the east and rear of the project presently go out Bills Read. The
lope, does-not object fo offer the alternative access or the stub rood. Road requirement
used. It was felt that if the pavement was not required now, the: Road would always remain
Ned. Mr, Castleberry felt that the road should be paved.
Mr. Castleberry said That if the Board agrees with the need, the Board could
Page 374.
August 2, 1977
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say the road should be improved to land division standards.
hearing closed to the public and wnfined to the Board.
Conditions No. 18. 9 removed from the conditions and to be worked out
Public Works.
On motion of Supervisor Lemke, sewnded by Supervisor Madigan and
mimously carried, Condition No. (was left in that requires them to submit road drainage
ns to do work with Public Works for deveiopment of the underroad plan; that Condition
. 6 be required for safety reasons, that they be required to have vertical curbs, gutters,
sidewalks on Pentz Road; that they work with Public Works to provide permanent solution
drainage as set out in Condition No. 9; that under Condition 12, that lights ba provided as
,essary and as public demands that the lighting 6e supplied.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
mimously carried, Condition No. 14 be waived.
On motion of Supervisor Lemke, seconded by Supervisor Winston and
carried, Parcel 19 was dropped from Condition No. 15.
On motion of Supervisor Lemke, seconded by Supervisor Winston and
nimously carried, under Condition No. 17, that paved land division standards be used
the stub road coming from the south.
All other conditions to remain the same.
;ESS: 10:25
;ONVENED: (0:35
0 DISCUSSION O[= WEED ABATEMENT PROGRAM
Robert Paulus, Fire Warden, present to discuss weed abatement program.
did not feel that a weed abatement ordinance fur this County was practical at this time.
County is too rural, Grass lot problems set out. It would be most impractical to
~rce this type ordinance.
The other aspect of the program is the financial aspect of the program.
r. Paulus sold there would have to be an increase to his staff fo contact the property owners.
would take two employees full Time to do the research. Then someone would have to go
t and post the lot.
Supervisor Winston asked if it would be possible to have an ordinance that would
the County areas adjacent Fo urban area. There must be a 30' clearance around
es and buildings. The County could go out and disc the weeds, but they could not
on private lands.
Mr. Paulus asked the Board if they would consider fhe possibility of suspending
burning i n the County. This would eliminate burning in incinerators.
Supervisor Lemke asked if this would take an ordinance. It was felt it should
just a minute order so that it wuld be removed at the appropriate time.
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
carried, the Board issued the proclamation, on an emergency basis, that all
Page 375.
August 2, 1977
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irning in the County cease until such time as the Board feels the danger is past, with
e exception of Agricultural properties.
511 FOOD AND NUTRITION GRANT DISAPPROVED
nding proposa as en prepared in t amount of #75,3[8 and wntains
ree elements: nutritional education, emergency food supplies, and activities leading to
immunity productions of foods. The target population of this proposal is for Indians and
grant farm workers of the county.
Mr. Frank Meyers, Oroville, stated he was part Indian. He did not think
at the E,O.C. should handle this for the Indian people. He expressed his opposition
the program.
Grant discussed. Chairman Richter said he did not understand why the classes
nutrition could not be held in school facilities. hie asked who would use the proposed
cilities, and how many was estimated to use it. Razia Kahn, Director, stated it was
timated that approximately 300 families would use the facility.
Supervisor Moseley stated she had many calls from people protesting
is grant.
Katherine Whitney, Chico, spoke concerning the cannery that was
in Chico after World War II.
Dorothy Paradis, Oroville, stated it was her understanding that the people
a community garden this year in Gridley. The EOC employees were operating the
en and the County paid for the water.
On motion of Supervisor Winston, seconded by Supervisor Madigan and
imously carried, the Food and nutrition grant was disapproved.
1512 APPROVE FAMILY PLANNING GRANT CONTRACT
A contract has been prepared with the State Department of Health wfiich
rill provide income in amount of E50,000 for family planning services performed by Butte
;aunty. This is an annual renewal covering the 1977-78 fiscal year.
On motion of Supervisor Madigan, seconded by Supervisor Moseley and
~ carried, contract with the State Department of Health approved, Chairman
to sign, and income of 550,000 accepted.
i[3 DIRECTOR OF HEALTH AUTHORIZED TO NOTIFY DEPT. OF FOOD & AGRICULTURE
F DISCONTINUANCE OF MILK INSPECTION PROGRAM
The Heat Agency Director requests consideration of discontinuing the milk
spection program and establishment of a milk inspection program conducted by the Stale
apartment of Food and Agriculture.
On motion of Supervisor Winston, seconded by Supervisor Lemke and
nimously carried, the Director of Health was authorized to notify the Department of
~ and agriculture and authorized the negotiation of limi#ed lalaoratory services for n
to be paid by the States and to discontinue the county program of milk inspection.
Page 376.
August 2, 1977
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514 PUBLIC HEARING: JOHN F. SHEEHAN-APPEAL CONDITIONS ON CERTIFICATE OF
OMPLIANCE, AP 28 32-171, .WEST SIDE OF OROVILLE-BANGOR HWY., SOUTH OF
WEDES FLAT ROAD OROVILLE
Pu is Hearing on John F. Sheehan appeal of conditions on Certificate of
ompliance, AP 28-32-171, west side of Oroville-Bangor Hwy., south of Swedes Flat
gad, Oroville held as continued.
Mr. Sheehan said he had applied for a certificate of compliance. Mr. Sheehan
he objected to signing a road maintenance agreement and to the condition that a twa-vray
ss be provided out to the County road.
Mr. Castleberry stated that the District Attorney was working with the man
t chopped this property up into parcels. Mr. Sheehan could have a building permit if
had applied for it.
Mr. Sheehan said he was thinking of selling the property. Since there is no
a of violation, Mr. Castleberry could issue a building permit. He would have to
his application for certificate of compliance. Mr. Sheehan said he was now requesting
i to with draw his application for the Certificate of Compliance. Mr. Castleberry
ded thist the Board accept his request.
On motion of Supervisor Moseley, seconded by Supervisor Madigan and
~nimously carried, Mr. Sheehan was authorized to withdraw his application for Certificate
Comp! iance.
1515 APPEARANCE: MR. PAT LYNCH, BERRY CREEK ASSOC IATION: AUTHORIZE
iSE OF BERRY CREEK REFUSE SITE
at yne ,president of the Berry Creek Association ,said the residents
could like to set a refuse bin on the County refuse site in Berry Creek. He hoped the Board
,veld go along with this.
On motion of Supervisor Winston, seconded by Supervisor Moseley and
animously carried, the Berry Creek County site was authorized to be used for a bin
place refuse by residents in the Berry Creek area,
516 APPEARANCE: JAMES HANSON OROVILLE
James Hanson, Orovil e, spoke concerning the Board's approval to send
al Brooks to F$1 school. He wondered if the County would send anyone to school that
:sires to run for office.
77i 1517 APPEARANCE: DAVID DONNELLY, MORNINGSTAR pEVELOPMENT COMPANY RE
STEIFFER MINE, MAGALIA
Mr. David Donnelly, representing the Morningstar Development Company,
made a statement about the operations of the Morningstar Development Company at the
Steiffer Mine in Mngalia. Background of the matter set out. The Company was aware
of the availability of water and the possibility of tapping it. They were going to
intact the California Water Board and the Paradise Irrigation District. Fie stated that
circumstances have developed that have caused them to postpone the mining operation at this
They have acquired the use of 10 acres of land north of the mine; they will
ct the operation away from the Steiffer shaft.
Page 377.
August 2, 1977
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At present, all activities for mining has been terminated. When and if the time ever cot
ruses that mining becomes feasible they will acquire the necessary permits. They did put up
building without a use permit; it is going to 6e used for storage.
Mr. Donnelly stated he had talked with County Courssel and they are in the
of getting together the appropriate papers.
Ilan Blackstock, County Counsel, stated Mr. Donnelly has photos of the
aft in question. This company would have to comply with the few in the event this mine
:re #o go forward. Mr. Blackstock stated that now would be a good time to go into the
iestion of wafer.
Apparently there is one water bearing strata which Del Oro Water Company
pplies to people in the area. The issue of competitive water rights has been an issue.
does nat prohibit him from pumping water out of the mine. At the present time, there
an injunction against this company. It prohibits any type contamination of the water
aring strata. Mr. i3onnellgk read a letter from the Regional Water Quality Controi
Other appearances regarding the water problem:
I. Mr. Carter Neison. He asked what the water would 6e used for that the
ny would pump out. He feat that if the company tapped the line, the water users
get it through their lines. County Counsel explained the matter of water rights.
2. Bob Murphy, attorney at law, representing the Del Oro Water Company.
stated that the tympany is concerned over what is being done up there now. He feels
st if the Water Quality Board came up now, they would express a different view than set
t in their letter. This is going to be a water rights feud. Their concern at this time is the
'al lock of information. Mr. Murphy stated he had gone over the life and there was a lot
activity up there. The County should be concerned as to what is going to happen up there.
injunction only goes to the control of the quality of the water. He stated that there will
two representatives from the Water Quality Control Board up here tomorrow.
Chairman Richter stated that our present mining ordinance would have no
3. Ted Baer, representative of Sierra Del Oro. Fle lives in Fir Haven Development.
ckground of the mining in that area set out; the original Steiffer mine reached a vertical depth
325 feet. He begged the Board to stop the pumping of water from the mine.
4. Mr. Pat Roebuck, in charge of the operation of the Steiffer Mine.
spoke concerning the mine and the matter of the water. The water from the Magalia
ie will not be taken by this operation.
5. Rita Wolfalk, Magalia, asked if Fhe Morningstar Mining Company was
ved in mining of gold or in collecting water. She asked if the company was involved
the Paradise Irrigation District.
Mr. Blackstock said that for the record, one of the reasons in discussing this
Fer with this man last week, he asked him to Dome before the Board so they could jay
the operation in the open. The Paradise irrigation District, on the third day~~of March
Page 378.
August 2, 1977
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executed an agreement with Morningstar Mining Company for water. He has a copy of the
agreement.
6. Howard Johnson, Magalia, stated he thinks this whole operation is a
scheme to sell water.
7. Mrs. Jane Hanson, Mngalia, asked if the County required E.I.R.s on
this type operation. Mr. Blackstock explained what would be required.
8. Mr. W. J, Madison, Chairman of the Upper Ridge Couneel, asked if
Board was going to do something about this water problem on the ridge. Supervisor Lemke
there was a lot going on up there that he was not satisfied with.
Situation discussed.
On motion of Supervisor Lemke, seconded by Supervisor Winston and
onimously carried, County Counsel was instructed to pursue the necessary legal methods
require use permits and building permits for whatever Morningstar Development Company
ended to construct in that area and that County Counsel recommend that a full E.I.R.
required.
18 APPEARANCE: MRS. FRAN GALLOWAY ZEPHER WAY OROVIlLE: DOG PROBLEM
Mrs. Fran Calloway stated that last evening she took her mother and daughter
the old cemetery on Feather River Blvd. to place flowers on her father's grave. A pack of
Id dogs attacked them. She called the Oroville Police Department to have them send the
'mal control officer to the cemetery, but they told her he was off duty. She called the
:rift's Department and they sent two deputy sheriffs and they escorted them to her father's
Supervisor Lemke stated that he received a lot of calls about dogs. He would
ike to see something done about the animal control officers. He feels the County needs a
eview of the procedures used by the anima! control officers. they should pick up loose
Chairman Richter felt the County needs additional dog catchers; the service
terrible and it should be updated.
Administrative Officer will send the animal control officer to see Mrs. Calloway
have him investigate the matter.
1519 APPEARANCE: HOWARD JOHNSON, MAGALIA
ward o nson, Mega ia, spo a on t e matter of garbage. He brought some of
he things he found dumped on private property. County Counsel to write to these people
chose name appears on the paper Mr. Johnson picked up. He will inform these people that
~ese papers were found with garbage dumped by the side of the road and they are in
iolation of the ordinance.
Mr. Johnson spoke against the closing of the mountain transfer stations.
77-1520 APPEARANCE: BARBARA SHAPER, 300 CANYON HIGHLANDS DRIVE, OROVILLE-
WEED ABATEMENT
Mrs. Barbara Shafer, Oroville, comme'rtted that the Board briefly discussed
Page 379, August 2, 1977
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August 21977
weed abatement. She has a real concern about this problem. She asked if there wasn't some
way the Board could figure out to protect the people from fires. Her property is cleared of
weeds, but others do not abate their weeds. She begged the Board to come up with something
to help the people from these dangers.
-1521 APPEARANCE: DOROTHY PARADIS OROVILLE
Dorot y Paradis, rovi e, sai s wou d appreciate it if the agenda would
set out the matter of the budget transfers; what budget fund was the transfer to come from.
RECESS: 12:15
RECONVENED: 1:15
1522 PUBLIC WORKS ITEM5 APPROVED
On motion of Supervisor Moseley, seconded by Supervisor Madigan and
nanimously carried, the following action was taken:
!. Approved contract change order No. I for Bald Rock Road, Contract No.
71-2, in the increasing amount of $244.26 which provides for method of payment for
ing road for convenience of traveling public during utility relocation work {$221.15) and
in aggregate base material ($23.11) and Chairman was authorized to sign.
2. Approved plans and specifications for lime treatment of various Butte County
s, Project No. LT-77-I, adopted wage scale, set bid opening at II:00 a.m., Public Works
ce, August 18, 1977; on River Road authorized County crews to construct concrete overflow
ion from project funds and authorize projects to be sealcoated by County crews.
3. Authorized deposit of $980 to be placed in the maintenance fund for Shasta
Drainage Assessment District (SUDAD) as a connection fee to the East Avenue-SUDAD
t formation.
3 SKYWAY BRIDGE AT BUTTE CREEK, PROJECT NO. 51261-76-2: ADOPT NEGATIVE
;LARATION & APPROVED PLANS AND SPECIFICATIONS
Pans and specifications have been comp eted for this project and no comments have
~ received from State Clearinghouse. Earl Nelson, Environmental Review Director, stated
Board needed to act on the adoption of a negative declaration or to have a E. LR.
Hearing opened to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
animously carried, a negative declaration was adapted for the Skyway Bridge at Butte Creek,
th the finding that there will be no adverse affect on the environment.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
imausly carried, plans and specifications far Skyway Bridge at Butte Creek wEre approved,
rman and Director of Public Works authorized to sign plans, adopt wage scale, set bid
ing at II:OOa.m., Public Works Office, August 25, 1977.
77 i1524.ADOPT RESOLUTION 77-126 5ETTING PUBLIC HEARING DATE, ABANDONMENT
OF CERTAIN ALLEYS IN WESTERN PACIFIC ADDITION
On motion o pervisor digc}~, seeded by Supervisor Lemke and unanimously
August 2, 1977
~: ~'*
------------------Aggust2_•, 1977 ------
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carried, Resolution 77-126 setting date for abandonment of certain alleys within the
Western pacific Addition for September 6, 1977 at 9:30 a.m. was adopted and the
Chairman authorized to sign.
RESOLUTION 77-127 TO D15CONTINUE COUNTY LICENSING OF ADULT HO
vn morron or aupervrsor rnoseiey, seconaea dy supervisor vvanston and
mimously carried, Resolution 77-127 to discontinue county licensing of adult homes (six
less guests) and day core facilities was adopted and the Chairman was authorized to sign.
1526 DISCUSSION: ORDINANCE ESTABLISHING LOA•NGUIDELINES FOR PUBLIC WORKS
iEVELOPMENT LOAN FUND
an ac stoc ,County Counsel, stated he had a discussion with the Auditor
rbout the affect this would have on the budget and about some of the terminology.
The Auditor has gone through the proposed ordinance and has stricken the word "fund "and
eplaced it with the word "account ". Mr. Blackstock requested that the Board study the
Board discussed the matter of the allocation of Revenue Sharing funds;
left the funds as if was set out in the proposed budget.
On motion of Supervisor Wins#on, seconded by Supervisor Madigan and
~imously carried, the Board authorized Auditor to revert Revenue Sharing Wnds back to
status set out in the proposed budget, putting the $I,000,OOD into the Community
elopment Account.
Development loan fund account discussed. Proposed ordinance discussed.
set out in the ordinance explained. It was requested that the following sentence
~ in the ordinance:
"May also be utilized as a portion of local match fund. "
The Board requested that the Auditor and Administrative Officer watali this
very carefully.
On motion of Supervisor Winston, seconded by Supervisor Lemke and
imously carried, first reading of the ordinance establishing load guidelines for Public
.s Development Loan Account was waived.
527 WITHDRAW ACTION: LIME TREATMENT OF VARIOUS BUTTE COUNTY ROADS
Supervisor digan exp ained a drainage pro em in Rec emotion District 2106.
rere is a dip in the road. He has met with representative and they have advised him that
permit is not needed if the dip was not going to be changed more than 18 inches. He
ggested that the two northerly ones by the Ballard house 6e raised. The road is in a bad
mdition and needs repairs. Supervisor Madigan requested that the Board hold this project
r another week.
On motion of Supervisor Madigan, seconded by Supervisor Moseley and
mously carried, action on Minute Order No. 77-1522 (2) re lime treatment of various
County Roads was rescinded.
Page 381.
August 2, 1977`
/'` /^`
-1528 CLERK'S CERTIFICATE TO PETITION TO RECALJ_ SUPERVISOR.BERNARD.D. RICHTER:
ADOPT RESOtUTION 77-128 ORDERING EJECTION TO BE HELD NOVEMBER 8, 1977
Clerk's certificate to petition fa tees ( Supervisor Bernard D. Richter
was read, stating that the petition consisted of 286 sections and contained 2.932 signatures.
The number of valid signatures contained in the sections totals 2,357.
On motion of Supervisor Madigan, seconded by Supervisor Winston and
rimously carried, Resolution 77-128 ordering election for recall of Supervisor Richter
set for November 8, 1977, was adopted aril the Chairman authorized to sign.
-1529 ACCEPT RECOMMENDATION OF TREASURER TO ESTABLISH MINIMUM BIDS FOR
PUBLIC AUCTIONS OF TAX DEEDED LAND
The Treasurer requests f Board to establish minimum bids for public auctions
of fax deeded land to encompass the redemption amount plus 5150 adminlstrative expenses
os the minimum price. Carl Morton, Treasurer, explained the roquest,
Mr. Morton stated that he would like the Soard to set a minimum
price. There is na longer any ddvantage to set the Arica higher.
Discussion of property owners rights involved had at this time.
The property owner could come in at the last minute and pay the price and
retain ownership of the property. 1~e :;^r.~.
The mosey collected above the $150 plus taxes and interest
goes into a trust fund. The property owner would have to petition for
the funds. The County gets no benefit from the larger bid.
On motion of Supervisor Wiaeton, seconded by Supervisor Madigan
and unanimously carried, the recommendations of the Tax Collector were
accepted.
77-1530 BOARD TO INiTIATE_REZONE TO M-2 FOR ~1'iYERS STREET ASSESSMENT DISTRICT
Everd McCain; .McCain and Associates,~stated that the Beard had
formed the -~Syers Street Aaseasment District. The people is favor of
the District want the area to be induatriel. Mr. McCain stated that he
was asking the Board to initiate rezoning the property to M-2.
On motion of Supervisor Winetoa, seconded by Supervisor Madigan
and unanimously carried, the Board initiated rezoning to M-2 the property
within the Myers Street Aaseasment District.
Hrv McCa3ir,- asked that the environmental review fees be waived
for the district. the draft EIR will be submitted to the County and
gaid for by the property owners.
Dan Blackstock, County Counsel, stated Chat this would be
waiving the foes for several items. The zoning ie one thing, the subdivision
is another. The full amount should be collected from the subdivision
a nd the assessment district.
77-1531 DISCUSSION: OPTION TO PURCHASE PROPERTY FOR MENTAL HEALTH FACILITY IN
CHTCO AND PROPOSED BIDDING PROCEDURES.
Discussion of option to purchase property for Mental Health
facility in Chice and proposed bidding procedures had at this time.
Chairman Richter stated that there ie a letter from Mr. Brunton^giving
the County an option for $2,000 to purchase the property sit $2/ft. ;for
the parcel of property that he has an option oa. ids rill furnish us
,,..~ - rith the plans and specifications for the building. The price of that
Page 382. ._.-.,.._..~.....-....,.,.~ ,...__.._..---,........ ._....
August 2, 1977
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_______________====Au~ust2~ 1977 ~~~_~T~~=~~~_~~~~
would be $23,000. There is a question ea to whether the Board should
exercise the option. The Mental Health Advisory Board and staff prefer
this land.
Dan Blac}xatock, County Covnsel, stated that the $23,000 would
be for services of as architect sad are provided in AIA standard agreement.
Discussion open to the public. Appearing:
1. Dorothy Paradis. Mrs. Paradia stated that she did not like
to see the County punchase property for other people,
2. Tom Fox, J. P. Enterprises. Mr. Fox stated that if the
Board accepted the proposal to buy the option on the property for $2,000
while the property is listed at $88,000 the Board would be giving one
developer an advantage. Mr. Fox stated that he objected to being given
another architects plane. The County should not hire an architect #or
full service when this is a lease that is being discussed.
Discussion of the bidding procedures bed at this time. Mr. Blackstock
stated set out the background of the different types of bidding.
There could be a negotiated lease proposal based on a non-bidding concept.
Chairman Richter stated the possibly the Board should go to
ground zero and start all over. Chairman Richter stated that he did not
see how the Boaxd could go any other way but bi~l~a.
3. John McLaughlin. Mr. McLavghlla presented the Board with
a copy o£ a proposed lease. There is a difference of 12,190 feet area
wise between the two proposals. There is a di##erence in the size not
utilized is the Brunton proposal. Mr. McLaughlin stated that he was
sure that his partners would be willing to give the County their option
#or $500 and the County take the property for $71000 and do rphat they
-- -WanC to. _~...~ ..._...-....~,__... ,.-----. .._ ...
4. Warren Doyle. Mr. Doyle stated that both properties are
within 300 feet of each other end that they are on.• the same street and
the same aide a£ the street. There is a slight difference in footage and
the cost varies from $105,000 to $71,000.
Discussion of putting the facility in the Oroville area had
at this time. Oroville hospital has not the same arrangement as Community
Hospital for receiving and examining patients. This would present a
problem.
The matter is continued to August 9, 1977.
77-.1532 ADOPT RESOLUTION 77-129: RE6OLUTIDN ADOPTING FINAL BUDGET FOR 1977-78.
Bill Lawrence, Auditor, explained the reconoillation of the
changes made is the budget. Mr. Lawrence stated that the tax rate could
be on either side of $2.20.
On motion of Supervisor Winston seconded by Supervisor Madigan
and unanimously carried, Resolution 77-1~ adopting the final budget for
1977-78 was adopted and the Chairman authorized to sign.
77- APPOINTMENT TO AGRICULTURAL ADVISORY COMMITTEE TAKEN OFF AGENDA
The appointment to the Agricultural Jldvisoxy Committee vase
taken off the agenda.
Page 383.
August 2, E977
~• ~
77-~~ ARROINTMENTS CONTINUED ONE WEEK
The following appointments were continued one veeki
1. Appointments to Rublic Works Development Trust Fund Committee.
ZrP Appointments to Chico - Butte County Chapmaatown Housing and
Community Development Advisory Committee.
3. Appointments to Surface Mining Aggregate Operations Committee.
77-,L535 APPOINTMEN'PS TO SENIOR CITIZENS ADVISORY COUNCII.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, Mre. George Smith was appointed member Senior
Citizens Advisory Council.
On motion of Supervisor Madigan, seoanded by Supervisor Moseley
a nd unanimously carried, Dr. Harlan Adams was appointed a~naber Beater
Citizens Advisory Cosmcil. "---"-"'""'~'-~'"~"
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, Jim Rowe was appointed member Senior Citizens
Advisory Council.
77- REVIEW: ROLICY AND PROCEDURE MANUAL
Review of the Palicy and Procedure Manual had at this time.
Clif Nickelson, Administrative Officer, skated that under 1.02 section
6 3s~ a list of orders for the degartments and items on the agenda.
It was felt that everything in 1.02 section 6 should be deleted
except the first sentence.
Change 1.03A to 3:00 p.m. on Wednesday instead of Thursday.
A11 items must be changed to note the difference is times from'tThureday
to Wednesday.
The egeadae will be mailed oa Thursday night instead of Friday
might. The claims list will be sent ouC under separate cover.
77a ADDITIOIQAL MATTERS YRESBNTED BY 'BOARD MEMBERS
Supervisor Moseley asked if Bill Austin could have CETA people
from Public Works to help is fixing up four springs. Mr. Austin has
fixed Enterprise Sgring with his own money. Dan $lackstock, County
Counsel, stated that would depend upon whether the springs are on public
or private property. Supervisor Moseley to check and come back.
Supervisor Lemke asked i£ anything had happened with the request
for payment of medical bills from Iran. Clif Mickel son, Administrative
Officer, stated that a letter had been written to Secretary of State.
Discussion of the Emergency Medical Care Council had at this
time. Supervisor Madigan asked what the status vas. ~Supervieor i~Tineton
stated that this vwld be discussed at Che lffiae Northern Counties Association
is Susaavflle. T1~E_. •~,....._ ______....._ ..__._. __._. _._ . _..._.... 7
Supervisor ~Y,embce stated that he had had •s meeting with the
District Attorney, three people from Probation, Del Siemsen,~County
Counsel's ~Dffice, sad Bob Ferguson, Zoning Inspector te$ardiag the
Holcomb matter. Tt~e details of the meeting net out. There ~.s•a civil. ~
stipulation tied to~the;probation where he has to ¢ence the ~ r-•-
. ,. age
August ~2; l977
~~
P"1
dunk within 60 days and 6 months to clear up the junk. 'She deadXine
is up as August 9, 1977. There will be sa inspection oa August l0, 1977,
for compliance with Che stipulation. County Counsel ie Co work with
Mr. Ferguson to file a completnt against Mr. Holcomb's father for violation
in the Concow area.
Chairman Richter stated that Public Works asked that he present
a recommendation for building materials in high fire areas. The Board
should consider the safety element of the General Plan. There should be
some codes for the high fire hazard areas. Public Works to bring back
to the Board.
Supervisor Madfgan stated that he had heard that Los Angeles
County have bean joined by Ventura and Kern Counties and are suing the
Federal Government for aliens hospital bills. The County should check
into this a possibly get a return on alien hospital bills.
AWOURNMENT
There being nothing further before the Board at this time, the
meeting was adjourned at 3:20 p.m. to reconvene on Tuesday, August 9, 1977
at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUN,~X CLERK
By:
Gi12i~C'"~fo~he n~clv~'Sup~r'+Sistirs
Chairman, Board o€ Supervisors
" Page 385.
" Augusr 2, 1977