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August Ib, 1977
STATE OF CALIFORNIA )
) SS.
COUNTY OF BUTTE )
The Board of Supervisors reconvened at 9:00 a.m. pursuant to adjournment,
Present: Supervisors Lemke, Madigan, Moseley, Winston and Chairman tzi.chter.
Clif Nickelson, Administrative Officer; Dan Blackstock, County Counsel, and
Clark A. Nelson, County Clerk by Cathy Pitts, deputy Clerk.
Pledge of allegiance to the Flag of the United States of America
Invocation by Supervisor Lemke
77-1578 APPROVAL OF MINUTES
n motion of Supe rvisorMoseley, seconded by Supervisor Madigan and
unanimau"sly carried, the minutes of August 9, 1977 were approved as mailed.
77-1579 COMMUNICATIONS
Michael E. Boeger, Gridley. Mr. Baeger appeals the Board of Zoning Adjustment's denial of a
variance +o allow three parcels of one acre and one parcel of 13 acres on property
zoned A~40, AP22-21-37, located on the east side of West Biggs-Gridley
~('3,p0 Road; approximately one-half mile north of Macedo Road, Gridley. Set for
hearing August 30, 1977 at 9:45 a.m.
Dan G.Knauff., Paradise. Mr. Kaauff submits petition for variance to provisions of
Sections 19-10 and/or 19-12 of the Butte County Code for placerent of a mob i le
home at 4855 Clark Road, Paradise, AP 55-25-09b. Set for hearing
(~ 3;0~ September 6, 1977 at 10:15 a.m.
Paradise Municipal Advisory Countil, The Couneil writes concerning lack of adherance to
the land use element of the General Plan in Paradise, Discussed; no
((3 O p action taken.
D .Wald and Shirley Amdt, Oroville. The Arndt's suk~mit a petition for the placement of a
gate spanning Big Bend Mountain Road. See motion following commmunications.
~4 ?,.00 Paradise Memorial Hall Committee, Leonard Ellis, chairman, writes concerning the reduction
of rents[ of the Hal I for the Ridge Runners Square Dance Glub, See motion
O~~ a~ following communications.
State Department of Water Resources. The Department writessconceming Water delivery
entiflements under the water agreement. See motion following communications.
~/,~~ D Chico Area Council of Churches. The council writes,regarding establishment of
of a Welfare Office in Chico. Held until meeting August 17, 1977.
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Geddis, Drisooll and Associates. The Engineer, on behalf of Mrs. Velma
Pritchett, request relief of current design criteria for traversable
.i access, on tentative parcel map, AP 62-09-18. Place on agenda for
l(?j, Q S August 23, 1977.
Dwight Brinson. Mr. Brinson appeals condition ~k8 for tentative parcel map,
f AP 40-15-08. Set f~gee~~~.ng August 30, 1977 at 10:00 a.m.
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Richard Hoyt. Mr. ~ioyt appeals conditions ~b and ~k9 on approval of
tentative parcel map for AP 47-29-02, Set for hearing August 30,
~I 3 , ~ yr 1977 at 10:15 a.m.
Leon F, Marvin. Mr. Marvin writes regarding Administrative Officer's
recommendation to add the Library cost to property taxes. Refer
~ ~~ ~ Q to Administrative Officer.
Dean Cofer. Mr. Cofer submits his resignation from the Butte County
Personnel Appeals Commission. Information.
/03,8
BCEA, The Association submits the name of Mr. Arlie Baker to replace
Dean Cofer as member of the Butte County Personnel Appeals
O ,~~ S~ Commission. See motion following communications.
Melvin Morris. Mr. Morris requests that contract for Ord Ranch Transfer
Station be canceled to be effective 30 days from August 16, 1977.
Referred to Public Works to negotiate with collectors for contract
4(z~.0 ~ or on a bid basis to bring back recommendation August 23, 1977.
77-1580 APPOINTMENT TO_PARADTSE MUNICIPAL ADVISORY COUNCIL (MAC)
On motian of Supervisor Lemke, seconded by Supervisor Winston
and unanimously carried, Nancy Epperheimer was appointed member of
Paradise Municipal Advisory Council (MAC).
77-1581 PETITION FOR PLACEMENT OF A GATE SPANNING BIG BEND MOUNTAIN ROAD
SUBMITTED BY DONALD AND StIIRLEX ARNDT - ADVISE PARTIES TO REMOVE THE
GATE OR REQUEST ABANDONMENT OF THAT PORTION OF ROAD.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, Donald and Shirley Arndt are to be advised to
remove the gate or request abandonment of that portion of Big Bend
Mountain Road.
77-1582 DENY APPEAL OF RIDGE RUNNERS SQUARE DANCE CLUB FOR REDUCTION OF
RENTAL, OF PARADISE MEMORIAL HALL
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, the appeal of Ridge Runners Square Dance Club for reduction
of rental rates for use of Paradise Memorial Hall was denied. AYES:
Supervisors Madigan, Moseley, Winston and Chairman Richter. NOES: Supervisor
Lemke,
77-1583 LETTER AUTHORIZED TO BE WRITTEN REGARDING WATER DELIVERY ENTITILEMENTS
UNDER WATER AGREEMENT,
On motion of Supervisor Zemke, seconded by Supervisor Madigan
and unanimously carried, a letter was authorized to be written to Department
of Water Resources stating that the Bounty plans on using the entire
water entitlements, and the Chairman authorized to sign.
Supervisor Madigan stated that there will be a meeting August 26,
1977 at 7:30 at the War Memorial in Chico with representatives from the
Department of Water Resources to explain their policy. Representatives
will also be present from surrounding Ccunties. The entire Board should
be present fox this meeting. The Department's opinion is that the riparian
owners would not have water.
77-,1584 REFER T0. PLANNING :COMMISSION FOR RL'C!6IdMENDATION MATTER OF HOME OCCUPATION
ORDINANCE. - - - - -
Supervisor Winston stated that he had a letter from Mina J. Denton
who make ribbons o£ awards in hex home. She has received a letter from _
the zoning investigator asking her to cease and desist. There should be
some type of home business or~agen$®2adopted to prevent this type of thing.
August Ib, 1977
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August 16, 1977
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On motion of Supervisor Winston, seconded by Supervisor 'Lemke
and unanimously carried, this matter ie referred tc the Planning Commission
for recommendation to the Board with regard to Home Occupation Ordinance.
Mr. Ferguson, Zoning Im~estigator, is to be notified of this
referral.
77^1585 ZONING INVESTIGATOR TO MAKE FURTHER INVESTIGATION OF BODY AND PAINT
SHOP ON DEL MAR. PARADISE AND LEGAL ACTION TO SE TAKEN IF NECESSARY.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the Zoning Investigator was authorized to make
further investigation of a Sody end Paint Shop oa Del Mar, Paradise and
legal action is to be takes 1n the event that the party does not cease
his business in an R-1 zone.
77-1586 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Madigan stated that he had received a call from an
individual who had been referred by the Legal Aid in Chico. The individual
owes three montha'PG6~E bill and would like help in the matter. Supervisor
Madigan stated that he would like an explanation from Legal Aid ae to
the referral made.
Supervisor Moseley stated that the Board~:had:aotswrittenra~
reaolatioa .supporting prohibiting public employees from striking.
Chairman Richter stated that the Board had already adopted a Resolution
prohibiting public employees from striking.
There~wisl be a meeting of the Board at Chico City Hall to
be held tomorrow, August 17, 1977 at 7:30 p.m, to discuss a Welfare
office in Chico.
Supervisor Moseley stated that she had received a call regarding
earthquake money. Thin matter is referred to Public Works to report back
to the Board.
77-1587 ADOPT RE50LUTIONS 77-131 AND 77-132; IN APPRECIATION TO SIDNEY E.
ROSS AND BILL AUSTIN FOR THEIR EFFORTS ON THS RESTORATION OF THE HISTORIC
ENTERPRISE WATERING~PLACE.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the following Resolutions were adopted and the
Chairman authorized to sign:
Resolution 77-I31 in appreciation to Sidney E. Rosa for hie
efforts on the restoration of the hietoric'Enterprise Watering Place.
Resolution 77-132 is appreciation to Bill Austin for his
efforts on the restoration of-the historic~~ Enterprise Watering Place.
77- 88 APPOINTMENT TO BUTTE COUNTY PERSONNEL APPEALS COMI~ffSSION.
On motion of Supervisor Lemke, seconded by'Supervisor Maseiey
and unanimously carried, Arlie Baker was appointed member of the Butte
County Personnel Agpeals Commission to E111 the unexpired term of
bean Cofer to run to December, 1979.
77-1589 PUBLIC HEARING: CHICD•:LIBRARY NEGATIVE DECLARATION - EAST 1st AVENUE
ITE BETWEEN SHERMAN AND SHERIDAN AVENUES
The public hearing on the Chico Library negative declaration
for the site on $aet 1st Avenue between Sherman and Sheridan Avenues was
held as advertised. Earl Nelson, Environmental Review Director, stated
that the only yes question on the cheekliet was regarding the traffic.
This will not have a subeta~aDieal4~fect on the environment.
August 16, 1977
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Hearing open to the public. Appearing: No one.
Hearing closed to Che public and confined to the Board.
On motion of Supervisor Lemke seconded by Supervisor Madigan
and unanimously carried, the Board finds that the proposed project could
not have a significant effect on the environment, and a Negative Declaration
is recommended.
77-1590 SALARY ORDINANCE AMENDMENT: WAIVING OF SECOND READING CONTINUED TO
AUGUST 23. 1977
The second reading and adoption aE the salary ordinance amendment
to implement the personnel changes approved in the 1977-78 budget was
continued to August 23, 1977.
77-1591 APPROVE PAYMENT IN THE AMOUNT OF $1,235.96 TO COOPER READY M!X
IOR CONCRETE USED IN RESURFACING PROJECT AT BUTTS COUNTY FAIR GROUNDS
On motion~of Supervisor Lemke, seconded.by Supervisor Madigan
and unanimously carried, gayment is the amount of $1,235.96 to Cooper
Ready Mix for concrete used in resurfacing project at the Butte County
Fair Grounds waa approved and the Chairman authorized to sign certificate
for payment.
77-1592 PUBLIC AEFENAER CONTRACT AGREEMENT CONTINUER TO AUGUST'23, 1977
WITH REPORT BACK FROM SUPERVISOR MADIGAN.
The contract for legal representation of indigents agreement
is continued to August 23, 1977 with Supervisor Madigan to meet with
the Superior Court Judges and report back to the Board, regarding possibility
of bidding out aoatract.
77-1593 ADOPT ORDINANCE 1853: PUBLIC HEARING: E7fiTENSIDN OF INTERIM "C-2"
(GENERAL COMMERCIAL) PROPERTY LOCATED WEST OF AND WITHIN 300 FEET OF
ESPLANADE,~BETWEEN MUD CREEK AND EAST AVENUE. CHICO.
The public hearing on the extension of Interim'"C-2" (general
commercial) property located west of and within 300 feet of Esplanade
between Mud Creek and Eaat Avenue, Chico was held as advertised.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Beard.
Jim Lawson, Piaaaing Mrector, set out the background of the
interim.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Interim "C-2° (general commercial.) property located
wear of and within 300 feet of Eaplanade,.between Mud Creek and Tsast Avenue,
Chico waa extended until October 4, 1977; Ordinance 1853 was adopted and
the Ghairman•authorized to sign.
77-1594 EOC DIRECTOR DESIGNATID PROGRAM DIRECTOR - AREA AGENCY ON AGII+1G:
POSITION OF EDC AIR,ECTDR'~BE .ElYC3.UDED~ IN~HAY.ARY~ORDTNANCE
On motion of Supervisor"Winston, seconded by Supervisor Madigan
and unanimously carried, the EOC Director was designated ae the program
director for the Area Agency on Aging and the position of EOC Director is to be
included in the salary ordinance, with an ordinance implementing this
to be brought back to the Board.
Page 404.
August tb, 1977
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77-1595 PUBLIC HEARING HOWARD MARTINSON - NEGATIVE DECLARATION AND REZONE FRAR3
"R-4" (MABIMUM BENSITY RESIDENTIAL - RESTRICTEA SERVICE) TO "C-1" {LIGHT
COMMERCIAL) PROPERTY LOCATED ON THE WEST SIDE OF NEAL ROAD AND THE~SOUTH
SIDE OF SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, IDENTIFIED AS AP 51-25-76,
CONTAINING 0 25 ACRES MORE OR LESS PARADTSE• REZONE DENIED.
The public hearing of Hward Martinson negative declaration and
rezone from "R-4" (maximum density residential - restricted service) to
"C-1" (light commercial) property located on the west side of Neal Road
and the south aide of Southern Pacific Railroad right-of-way, identified
as AP 51-25-76, containing 0.25 scree, more or less, Paradise was held
as advertised.
Hearing oa •the Negative Declaration open to the public. Appearing:
1. Walter Dixon. Mr. Dixon stated that the rezone would create
a noise and traffic problem.
2. 0. H. Gustafson. Mr. Gustafson stated that the project would
create a noise and traffic problem.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, the Soard finds that the proposed project could
not have a significant affect on the environment, and a Negative Declaration
is recommended.
Hearing on the project open to the public. Appearing: Phii Mace,
Attorney representing Mr. Martinson. Mr. Mace stated Chat the property is
surrounded by the railroad, residential property and the street. The
property is presently developed for four office buildings, the total
square footage being 1900 square feet. There are twelve parking spaces.
The request is the result of prgfessional renters dropping off. The
owner has felt the effect of this. The owner has an opgortunity to
take on retail renters. Ia order to do this the property must be
rezoned.
Hearing closed to the public and confined to the Board.
It was moved by Supervisor Winston, seconded by Supervisor Richter
that the project be denied on the baeis~of the Planning Commission's findings
and on that fact of increasing commercial use in the residential area.
Supervisor Lemke stated that the Planning Commission based
their findings .on the off street parkic~g and that might be accomplished
by painting the curb red.
Jim Lawson, Planning Director, stated that if the rezone were
granted the Board could not guarantee that that the building would stay
the same with four office buildings but might be .made into one big building.
Roll call on motion:
AYES: Supervisor Madigan, Moseley, Winston and Chairman Richter
NOES: Supervisor Lemke
Motion carried.
Page 405.
August Ib, 1977
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77-1596 PUBLIC HEARING: FRANCES BEDFORD - APPEAI. DENIAL OF TENTATIVE PARCEL
MAP, AP z2-080-130, THREE. LOTS BETWEEN SMITH ROAD AND HIGHWAY 99E,
1 3 0 FEET NORTH OF RIO BONITO ROAD HIGGS.
The public hearing an the~Frances 8edfosd appeal of denial of
tentative parcei map, AP 22-080-I3D, three lots between Smith Road and
Highway 99L, 1,350 feet north of Rio Honito Road, Biggs was held as
continued.
Rearing open to the public. Appearing: No one.
9:30 e.m.
The matter is continued for 2 weeks to August 30,•1977 at
77-1597 PUBLIC HEARINGS GERHARD BALSTAD - APPEAL DENIAL OF TENTATIVE PARCEL
MAP, AP 28-17-61, FOUR LQTS, NORTH AND SOVTH SIDE OF SWEDES FLAT ROAD,
WEST OF HURLETON 5WEDES FLAT ROAD. BANGOR.
The public hearing oa the Gerhard Balstad negative declaration
and appeal of denial of tentative parcel map, AP 28-17-61, four lots,
north and south side of Swedea•Flat Road, west of Hurleton Swedes Flat
Road, Hangor was held as advertised.
Hearing oa the Negative Declaration open to the public.
Appearing: No one.
Hearing closed to the public and confined to the Board.
Oa motion of Supervisor Moseley; seedaded.by Supervisor Lemke
and carried, the Board finds the proposed project could not have a significant
effect on the environment, and a Negative Declaration is recommended.
AYES: Supervisors Lemke, Madigan, Moseley and Winston.
NOES: Supervisor Richter.
Hearing on the parcel map held at this time. Clay Castleberry,
Public Works Director, stated that the parcel map had been denied because
it was felt that proper access was not provided £or continued development.
There have been many different parcels created is that area.
Hearing open to the public. Appearing:
1. Darrell Stevens, representing Mr. Balstad. Mr. Stevens
stated that when the parcel map was first presented, Mr. Ball, Engineer,
was told that there would be no problem. There is a County road that
bisects the property. There will be two parceie of nice and eleven
acres each. If the Hoard wants to tighten their restrictions this should
be dose by ordinance. The ordinance as adopted raferes,to traversable
access. A County road should be considered travereable~access. Mr.
Stevens asked Chat the Board approve the division.
Chairman Richter stated that he had driven the road and found
it to be hazardous and one that could create problems.
Mr_ Stevens stated that he had traveled the road and found that
it was traversable.
2. Maxie Shirley. Mr. Shirley stated that he has traveled
Sweden Flat Road and that it is a disgrace but that he chose to buy in
'that area.
3. Art Smithy. Mr. Smithy stated that he was is favor of
the parcel split. t
Page 406.
Aveusf 16, 1977
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'Hearing closed to the public sad confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
a nd carried, the appeal o£ Gerhard Balstad was ugheld and the tetttative
parcel map was approved with the following eonditiona:
1. Verify legal parcel
2. Show all easements of record on the fins]. map.
3. Fay any delinquent taxes
4. Provide water or place statement on the map as required by the Ordinance,.
-~REOESS: 10:55 a.m.
RECONVENE: 11,02 a.m,
77-1598 PUBLIC HEARING: CALVARY BAPTIST CHURCH - USE PERMIT TO ALLOW MANSION
OF EXISTING FACYI.ITTES TO INCLUDE RESTROCtMS, F0305R, NURSERY AND ENTRANCE
ON PROPERTY ZONED "A-2 LTD"LOCATED ON THE SOUTHEAST CORNER OF CLARK ROAD
AND NUNNELLY ROAD ,IDENTIFIED AS AP 54-29-40, PARADISE.
. p~The public hearing on the Calvary Baptist Church use permit to
allow expansion of existing facililEes to include restroome, foyer, nursery
and entrance on property zoned "A-2 'Ltd" located oa the sacttheast corner
of Clark Road and Nunnelly Road, identified as AP 54-29-40, Paradise was
held as advertised. The project is categorically exempt from environmental
review.
Hearing open to the public. Appearing: Paetar Thurmond Fuller.
Pastor Fuller stated that he was appealing the conditions of curbs, gutters
and sidewalks placed on the use permit. There would be 384 feet of sidewalk
on Nunnelly Road. Fastor Fuller stated that the Church would be willing
to put the improvements on the property when the rest of Nunnelly Road
was improved. The coat at this time would be prohibitive.
Supervisor Lemke stated that the Church was the only place on
Clark Road that has sidewalks. These were put in when the improvements
were needed.
Clay Castleberry, Public Works Director, stated that the conditions
should be left in the use permit but that time be extended to them to complete
the improvements.
Searing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and carried, the appeal of conditions was denied, the time for completion
of the requirements ie to be extended at least three years. AYES:
Supervisors Lemke, Madigan, end•ChairmdnidBichter, NOES: Supervisor
Md~S1ey:~,ABSENTt rSupervieor Winston.
77- 51 99 APPEARANCES DOROTFIY FARAUT,fiy OROVILLE
Mrs. Peradia stated Chat she has a problem with a parcel split.
The Land is to be parceled into two 40 acre parcels and the County has
asked for percolation testa. The property is oa•Lane Tree Road. Mrs.
Paradis stated that she felt the testa were unnecessary.
The matter ie•referred to Che Sanitarian.to bring back a recommendation
next weak.
77-16.00 ADOFT RESOLUTION 77-133: IN THE MATTER OF TtiE FARMERS HOME ADMINISTRATION
LOAN•AND GRANT TO THE HOUSING•AUTHORITY OF THE COUNTY'OF BUTTE: AUTHORIZE
CHAIRMAN TO SIGN LETTER TO HOUSING•AUTHORITY
Mr. L. G. Melton, Housing Authority, stated that he would like ~
the Board to pass a reaalution r fcerd the Farmers Home Administration
Supervisor Winston present. ~dge .
August I6, i977
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_ _ _ _ _ _ August 161 1977
Loan and Grant to the Housing Authority. The award was for $100,000 and
that will be used for sewexa•and water system and for sealing roofs. In
order to make the final application a resolution must be adopted.
Oo motion of 6vpervieor Winston, seconded by Suparvisor•Lemke
and unanimously carried, Resolution 77-133 in the matter of the Farmers
Home Administration Loan and Grant to the Housing Authority of the County
of Butte was adopted and the Chairman authorized to sign; letter to
be written to the Housing Authority and Chairman authorized to sign.
77-16D1 APPEARANCE: IRVING TARR. TARR DISPOSAL.
Mr. Tarr stated that the garbage disposal ordinance has created
e problem for him. The insurance required in the ordinance ie impossible
to obtain for a small operator. The price of the insurance is extremely
high. Mr. Tarr stated that he was asking the Board to delete the portion
of the ordinance that ~stabliehed the amount of insurance required. The
ordinance required 100,000, 300,000 and SD,000 insurance. The cost
would be around $2,100. Mr. Tarr stated that he would like to sea the
amount be 15,000, 30,000 and 5,000 insurance. The coat of that would be
5400.
The matter is referred to the Health Aapartment to report back
to the Board as to whether it is in the public interest to reduce the
insurance requirements, to report :hack on August 23, 1977.
77-1502 APPEARANCE: JOHN STUTZ. PLANNING COI~IISSIONER
Mr. Stutz stated that he had been studying the Meridian-Munjar
area. There are several for sale signs in the area. There is about 1,100
acres of land. About 500 lots have been created in the middle of the area.
There are I50 lots not getting improvemenka. There should be consideration
of some type of zoning in that area. Possibly a 40-acre interim should be
initiated is the area.
The matter is referred to the Planning Cormatssion to be placed
on their agenda. Consideration will be made of the recommendation to
the Board of as interim or multi-range interims.
77-1 AP_ P_ EAR4lNCE:.ARCH, }~fARJAMA.~: ,PARADISE.
Mr. Msrjama stated that he objected to the conditions placed
on hie map oa July 14, 1977.
Dan Blacketock, County Counsel, stated that there are no
provisions is the ordinance to extend the time for appealing. The only
way would be to file another application.
Mr. Marjama stated that he would Like to put in rolled gutter
as this is what he has in the rest of his development and would like it
Co be uniform.
Clay Castleberry, Publie Works Director, stated that he will
be happy to talk with Mr. Marjama regarding the problem.
77-1604 APPEARANCE: DON BLAKE: REPORT ON MEETING OF THE GOVERNOR'S COMMISSION
TO STtTDY CALIFORNIA WATER LAW.
The meeting of the Governor's Commission to Study California
Water Law took place last Friday in the Metro Water District office.
Mr. Blake stated that when he left for the meeting he did not realize
the gravity of the situation. There are three facts to keep in mind.
1. We, Butte County, effectively have the only ground water is the State
of California. This covers-the area surrounding Butte County also.
Page 408.E
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August Ib, 1977
2. Everyone to the South knows it and wants it.
3. The neighbors to the South have the political power to get the water.
The conclusion fzom the meeting is that a united front is
absolutely imgarative. Former Chief Justice Donald Wright is on the
Commission. The commission was set up to review the California Water
Law. There were. a panel of experts who spoke on the subject of water.
Mr. Blake explained the different speakers and their ~4iewpoints to
the Board. Judge George Grover would be a fair person. Harvey Banks.
former Department of Water Resources Director and Tom Shepard, San
Joaquin County Central Water Basin, are both Ear meters sad are a
serious problem to Butte County. Mr. Gleason, Metro Water District,
explained the size of the Metro District. Mr. Henley stated that
ownership to the center of the earth was outmoded. Mr. Robert Burt
spoke concerning cutting off nonueed riparian rights. Mr. Tom
Graff, SDF, spoke concerning levyi~g~ a pump tax. Mr. Wayne Griddle,
of Utah, was the €irst speaker and pointed out that all waters in Utah
were state managed and there were no problems. Paul Minasian, Oroville,
spoke regarding local control over water. Mr. Minaaian disagreed with
metering all wells and suggested a better way would be aerial surveys
and for LAFCO to be responsible for the water data. Mr. Minasian
position is that absolute regnlation is inevitable and it would be
betterr_ under the water districts than for Department of Water Resources
to be respoasib5e for it. The water districts could effect an exchange
of ground water for the south in exchange for surface water in the North.
Butte County must seem regulated. If the water districts have ~egntrol,
this could lead to the different districts tzying to outdeal the others
in an attempt to sell water to Department of Water Resources. This is
giving the water district too much power.
Recommendations from Mr. Blake regarding the meeting:
1. Firmly request the Governor's Commission hold another
meeting in Chico instead of in Southern California in view of the fact
that we have the only ground water and have been denied our due process.
2. The Board should establish a permanent water committee.
There should be written a water element to the General Plan. Back the
element with aa3 ordinance and heavy penalties for the export of water.
Place ground waters in Butte County under the control of the Board of
Supervisors. To cooperate with all other counties to develop similar
ordinances and elementa.There should be a good public relations plan.
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, a request is made that the Governor's Commission
hold a meeting in Chico and a request to the Governor on underground water
rights.
Dieuussion of a water element to the General Plan and an
Ordinance that would deal with the possibility of putting ground water
under control of the Boar nd directing a public relations program is
continued to August 23, 1 77 at 11:30 s.m.
Mike Pyeatt, Administrative Analyst, stated that the Board
might like to hire a water engineer along with the water progrmma. An
engineer would be invaluable. The Board might want to establish a
director of Water Resources.
Page 409.
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Au~vst 16i 1977
RECESS: 12:25. .p .m.
RECONVENE: 1:30 p.m.
77-1605 APPROVE EOC FOOD AND NiTPRITTDN GRANT AS MODIFIED
Razia Khan, EOC Director, stated that the greenhouses had
been eliminated from~the grant. The canning will be done in the Live Oak
facility. There will be classes held on nutrition and cooking classes
at facilities that have kitchens.
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and unanimously carried, the EOC Food and Nutrition grant as modified was
approved and the EOC Director to administer the program.
77-1606 INSTRUCT PURCHASING AGENT TO RAVE PLANS AND SPECIFICATIONS AND PROPOSED
BIDDER INSTRUCTIONS FOR MENTAL HEN.TH $UILDING TO GO QUT TO BID AIIGUST 30,
1977:•ADOPT RESOLVPION 77-134 NOTICE OF INTENTION TO GO TO BID
Supervisor Lemke, reported on the meeting which was held last
Friday by the committee to study the Mental Health building plans and
specifications. A recommendation was made that the Brunton plena be
used. Supervisor Lemke stated that he resented the fact that the
items was presented 3n such a time frame that forces the Board to
use the plans.
On motion of 6upervieor Lemke, seconded by Supervisor Winston
and unanimously carried, the Purchasing Agent is instructed to have before
the Board the pleas and specifications and proposed bidder instructions
and County Counsel to•work with Purchasing Agent to review and for
approval to go out to bid on August 30, 1977.
On motion of Supervisor Madigan, seconded by Supervisor Wiaaton
and unanimously carried, Resolution 77-134 giving notice of intention to
go to bid on the Mental Health Building was adopted and the Chaixmaa
authori¢ed to sign.
77-1607 DEPARTMENTS TO ALLOW SUFFICIENT TIME FOR CONSTDERATiON OF ITEMS
WHEN BRINGING RECONA4ENDATIONS BEFORE THE BOARD.
On motion of Supervisor Lemke, seconded by Supervisor Winston
a nd unanimously carried, the Departments, .when bringing recommendatioae
to the Soard, are to allow sufficient time fox consideration.
77-1608 APPROVE EXECUTION OF CONTRACT:~S WITH UNIVAC FOR UNTVAC SERIES 90/30
COMPUTER
Hank Hindery, Aata Processing Director, stated that a study has
been made of the various computers because of power problems. With the
Univac aeries 90/30 computer the power requirements would be reduced
by one half. There is more memory and more storage. A 7-year lease
purchase agreement would be the wAy to go. Counsel should approve the
contract.•~-Tliis contract.~could-be canceled on a yearly basis.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, execution of the contract with Univac for the
90/30 series in accordance with the memo of August 5, 1977 was approved
subject to County Counsel approval:
77-1609 ADOPT ORDINANCE 1854: INTERIM ORDINANCE "RN" (RESIDENTIAL NON-CONFORMING)
ZONTNG FOR RESIDENTIAL PROFERTIES'IN SOUTH OROVILLE
Larry Brooke, Administrative Analyst, set out the background of
the zoning. This is necessary in brder to continue the~CD projects. There
are delays at the present time due•:to the fact that a variance must be obtained
on each piece of property. page 410.
August I6, 1977
~. ~
__=====C==C~c==_====Au~usr~16~, 1977==-== _____ -
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, Ordinance 1854 iater~m zoning to "RN" (residential
non-conforming) zoning for residential properties in South Oroville
was adopted for a period of 120 days~aad the Chairman authorized to sign.
77- 610 APPROVE VARIANCE RENEWAL
On mot'foa of Supervisor Lemke, seooaded by Supervisor Moseley
and unanimously carried, renewal of a variance for Albert H. Lindquist
to Sections 19-10 and/or 19-12 of the Sutte County Code fer Np~.acement
of a mobile home at 2760 Lewis Avenue, Oroville, AP 27-09-024 was approved
for a period of one year.
77-1611 ADOPT RESOLUTION 77-135: ACCEPTING PARCEL "B"~ PARADISE PINES
UNIT N0. 13 CROSSING OF ONE-FOOT STRIP SUBJECT TO IMPROVEMENTS TF
EITHER OF THE TWO PARCELS ARE SUBDIVIDEp
On motion~of Supervieor'Wiaston, seconded by Supervisor Madigan
and unanimously carried, Paradise Pines Unit No. 13 P$tseir!;B:'~crosa#ng~
one-~ootL$trip aub~ect to improvemeata if either of the two parcels are
subdivided was accepted; Resolution 77-135 was adopted and the Chairman
authorized to sign.
77-1612 APPROVE RINGEL AND ASSOCIATES CONTRACT .ITEMS:,fF,pbID',g FOR: ENGTNgEFt31QG
3ERVICES = PUBLIC WORKS DEVELOPMENT FUND - CUSSTCK AVENUE DRAIN OUTFACE
ENGINEERING.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and uaaaimoulsy carried, the contract with Ringel and Associates £or
items 1 and 3 for public works development fund - Cussick Avenue drain
outfall engineering services was approved subject to County Counsel
approval.
77=1613 WAIVE FIRST READING OF ORDINANCE REPEALING ORDINANCE 1770 AND AMENDING
CHAPTER 20 OF THE BUTTE COUNTY CODE CONTINUED TO AUGUST 23 1977.
The waiving of the first reading of the ordinance repealing
ordinance 1770 and amending Chapter 20 0£ the $utte County Code is
continued to August 23, 1977.
77-1614 AiTTHORIZE COUNTY COUNSEL TO INITIATE ACTION AGAINST OWNER OF AP 21y08-81
FOR BUILDING WITHOUT PERMIT WITHIN 60 DAYS IF~ANNEXATION TO CITY OF GRIDLEY
IS NOT IN THE PRQCESS.
Oa motion of Supervisor Lemke, seconded by Supervisor Winston
and unanimously carried, County Counsel was authorized to initiate action
against owner of AF 21w08-81 for building without a permit within 60 days
if annexation to the City of Gridley is not in the process.
77-1615 APPROVE AGREEhOUdT WITH COOK AND ASSOCIATES NOT TO EXCEED $20,000 FOR
CLARK ROAD ASSESSMENT DISTRICT ENGINEERING AND WORK PROPOSAL
Oa motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, agreement with Cook and Aeaociatea not to exceed
$10,000 on an hourly rate for Clark Road Assessment District Engineering
and work proposal. was approved.
77-1616 ADOPT RESOLUTION 77-136: SUMMARY ABANDONMENT; AGREEMENT FOR SALE OF
SURPLUS PROPERTY ON EAST AVENUE AND CUSSICK AVENUE
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, agreement £or sale of surplus property on Saet
Avenue and Cussick Avenue, Ghico was approved; Chairman authorized to
sign agreement;and'quit_ciai~:deed;•auditor authorized to issue warrants
on demand of County's escrow agent; Resolution 77-136 adopted and Chairman
authorized to sign. _
gage 411.
August 16, 1977
~". ~:
77-1617 AWARD BID: ROBINSON CONSTRUCTION CO. - FORBESTOWN ROAD PR03ECT
27581-76-1
Clay Castleberry, Public Works Director, reported on the
hid vpeaing of Forbestown Road Project 27581-76-1. Robineoa Construction
Co. was the low bidder with a bid of $86,000. There is $76,000'available.
BCAG should be asked to increase Forbeatown Road Project by $12,OOD and
decrease Lassen Project~by $12,000. If this does not work then the
Auditor should be authorized to draw from the reserve.
On motion of Supervisor Winston, seconded by Supervisor Lemke
end unanimously carried, Sid for Forbastown Rnad Project 27581-76-1 was
awarded to Robinson Construction Co in the amount of $86,000; BCAC asked
to increase Forbestown Road Project by $12,000 and decrease Lassen Project
by $12,000;.Auditor authorized to draw from reserve if BCAG does not
approve.
77- 618 ADDITIONAL PUBLIC WORKS ITEMS
C1ay,Castleberry, Public Works Director, reported that the Gridley
Flyer may be back in service. The City of Gridley ie coasideriag taking
over the service.
Discussion of the Thermalito drainage had at this time. The
preliminary engineering work has been accomplished in this area.
Mr. Castleberry to bring an ordinance to the Board for preservation
of natural drain ways.
77- PUBLIC HEARING DATES SET:
The following public hearing dates were set:
1. Forest Ranch Development Co. - negative Declaration and rezone
from "TM-5" (timber mountain-five acre lots) to°"PA-C" (planned area-cluster)
pragerty located on the south side of Cody Lane, approximately 1/2 mile east
of State Hwy. 32, identified sa AP 63-04-34, containing 100 acres, more or
less, Forest Ranch was set for hearing on August 30, 1977 at 10:45 a.m.
2. H. T. Funk, etal,.~ negative declaration and rezone from
"A-2 Ltd" to "RT-1" (minimum density residential-mobile home) property
located south of Wagstaff Road, east o£ Diamond Avenue, north of Bills
Road and west of Azalea Way, containing 42 acres, more or less, Paradise,
was set #or hearing on September b, 1977 at 10:30 a.m.
77-1620 APPROVAL OF P$RtiIT FOR GOLDEN FEATHER VOLUNTEER FIRE COMPANY FOR USE
OF FORMER CONCOW COUNTY TRANSFER STATION CONTINUED TO AUGUST 23 1977
The approval of the permit for Golden Feather Volunteer Fire
Company for use of the former Coacow transfer Station owned by the County
was continued to August 23, 1977.
~7- 2 APPOINTMENTS CONTINUED TO AUGUST 23 9
The following appointments were continued to August 23, 1977:
1. Appointments Co Surface mining Aggregate Operations Committee.
2. Appointments to Chico - Butte County Chapmantown Housing sad
Community Development Advisory Committee.
3. Appointment to committee on Community Development Account.
4. Appointment to Senior Citizens Advisory Council.
Page 412,
August 16, 1977
~ ~
____----=~ww=G== Au~ustl6,•, f977_____________________
77- 622 REVTEW.OF POLECY AND PROCEDVRAL MANUAL
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, item number 109.C4 was deleted and the entire
item approved with deletion.
77-1623 WAIVE FIRST READING: SALARY ORDINANCE AMENDI~VT: ZMPLEMENTING
PERSONNEL CHANGES APPROPED IN 1977-78 BUDGET WITH CHANGES.
Supervisor Winston stated that when the Sheriff presented his
reorgaaizational plan•at budget time the reorganization involved formation
of faun departments under lieutenants. ~[te reorgaaizatioa should be
a promotion from Che organization. The way the salary ordinance amendment
was written the long-term employees•af the Sheriff's Office who•are working
as jailers and who want to be promoted to deputies in patrol care would
stay the same and the new CETA personnel would be placed in the patrol
cars. This is unfair treatment to the employees. The cost would be
about $25,000 to place the permanent employees out on patrol sad place
the CETA personnel in the jail.
On motion of Supervisor Winston, seconded by Supervisor Lemke
the first reading of the ordinance implementing personnel changes approved
in 1977-78 budget was'.waivedow~th'thecfol~owing changes:
Add 4 regular help deputies
Delete 4 CETA deputies
Add 4 CETA Jailers
77-1624 ENDORSE CONCEPT FOR LOCAL INTEREST RE: SRT FACILITIES LASSEN NATIONAL
PARK
On matioa of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, the concept of local interest regarding ski
faeilitles at Lassen National Park was emdaraed and endorsement to
be sent to Tederal agencies for consideration.
77-1625 RESCIND ACTION OF AUGUST 2, 1977, MINUTE ITEM 77-1536: CHANGE AGENDA
TIME TO FRIDAY
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, action of August 2, 1977, minute item 77-1536
regarding change of time for agenda was rescinded and time was put back
to Friday mailing of agendas.
77-1626 ADMINISTRATIVE OFFICER TO REPORT BACK TO THE BOARD R'E: DROP BOXES
FOR PICKUP OF DOGS
The Administrative Officer is to report back to the Board
regarding the use of drop boxes for dogs when the pound is closed.
77-1627 MOTION ON SUPPDRT OF AB i53~2E: ANNEXATION OF FRINGE AREAS FOR
BENEFIT OF SER9TCES PUT OVER TO AAUGUST 23 1977
It was moved by Supervisor Winston, seconded by Supervisor Madigan
that tha Board support AB 1533 regarding annexation of fringe areas that
receive benefit of services.
Flotion°~tabaed,Eontbl August 23, 1977
77-1628 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Winston asked that Public Works comment on subdivision
bonding problems.
Supervisor Moseley stated that Gene Mercer has asked that a
temporary appointment to the Fiah and Game Commission be made so that
the Commission is•able to meet. Discussion of appointment of government
employees to".Boards and+•Commipeiotla':ltad)at this time,
"Page '1113.
August 16, 1977
n f-,
Supervisor Madigan asked who pays the bill when the State Department
of Parks and Recreation calls for the Sheriff's Office to drag .the lake
€or bodies. Administrative Officer to report back.
' Supervisor Madigan stated Chat CSAC had forwarded a booklet on
June 22, 1977. The Board should read this booklet ae there are proposed
items by the State that are unacceptable on a County level. The Administrative
Officer to summarize CSAC booklet for the Board.
77-1.629 TRANSPORTATION POLICY FOR SUPERVISORS TRAVEL
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, a flat allowance of $225 per month instead of
mileage for transportation costa for Supervisors travel wae~approved,
starting the month of August, 1977.
77-1630 ADDITIONAL MATTER BY SUPERVISOR MADIGAN
Supervisor Madigan stated that he would like to show his appreciation
to the people who donated the r1ce, apple juice and almonds for the Nine
Northern Counties meeting in Susanvilie.
77-1631 ADOPT RESOLUTION ?7-137: OPP05ING PRESIDENT CARTERS ILLEGAL ALIEN
RP OGRAM
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, Resolution 77-137 opposing President Carter'& illegal alien
program was adopted and the Chairman authorized to saga. AYES: Supervisors
Lemke, Madigan, Moseley and Winston. NOES: Chairman Richter.
. , ..:32 r^:.
77-1632 ADDITIONAL MATTER PRESENTEb BY SUPERVISOR MADIGAN
Supervisor Madigan stated the Board should consider a committee
of water users in study the water problem. The Board should hire someone
to represent the RountyY~s.intereet in the water field.
Chairman Richter stated that the surrounding Counties should
be contacted to possibly form a joint powers agreement and join forces
to battle the water grab going on. Chaii2mah~Rfchter to contact the
chairmen of the surrounding countiea~and report back next week.
There should be a public relations program started as soon as
possible. The people should be informed what is happening.
RECBSS: The Board recessed at 3:15 p.m. to reconvene on Akgast 17, 1977
at 7130 p.m, in the Cheio City Council Chambers.
Page 414.
August Ib, [977