HomeMy WebLinkAboutM082377.•+. ,~.
August 23, 1977
STATE O1' 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 Richter. Clif Nickelson, Administrative Officer, by Mike Pyeatt,
Administrative Analyst; 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
Tnvocetion by Supervisor Lemke
77-1634 APPROVAL OE MINUT$S
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, the minutes of August 16, 1977 were approved as
mailed with the addition of the roll call to Item 77-1597 as follows:
AYES: Supervisors Zemke, Moseley and Winston. NOE5: Supervisor Madigan
and Chairman Richter.
77-1635 COMMUNICATIONS
Alpha Pore, Chico. Petition is filed for variance to the provisions of
Sections 19-10 and/oz 19-12 of the Butte County Code for
I~ ?~, ~ 2, placement of a mobile home on AP 46-141-04, 884 Virginia
Street, Chico. Sete for hearing September 6, 1977 at 9:30 a.m.
Durwood Sample, Gridley. Mr. Sample appeals the Advisory Agency's denial
of his parcel map, AP 22-15-14, two lots, west side of Grace
Avenue, north of Gridley=Colusa Highway, Gridley. Set for
~~ 3 ~~ S' hearing September 13, 1977 at 9:45 a.m.
John W. Hamby, Paradise. The k~gineera, oa behalf of Robert A. Marjama,
appeal conditions of a subdivision map, AP 51-31-35, six lots,
east of Neill Road, between Dunster Drive and Hickory Way at
~t 3.0~ ~' Bayles Road, Paradise. Set for hearing August 30, 1977 of 11:15 a.m.
Marshall 0. Nystrom, Paradise. Mr. Nystrom zequests an extension of time
is order to file an appeal concerning the drainage fee of $1800
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~ per acre for AP 55-26-03, two lots, west side of DeMille Drive,
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• 1,250 feet wesC of Pentz-Magalia Highway, Paradise. See motion
following communications.
James and Helen Brown, Chico. Mr. and Mrs. Brown write concerning the
', Butte County Society's appeal of conditions and suggests the
~~ 3.0 O I improvements be made. Hold until later in the meeting.
Marsh, Washington & Marsh, Attorneys at Law. The Attorneys, on behalf of
Cynthia L. Howard, etal £i 1e a claim in the amount of $750,000
, as a result of an automobile accident occurring June 28, 1977
',
0 O ~ ~ ~ in which the County is named as a claimant. See motion following
communications.
', City of Chico. Mayor Thorn writes concerning the recommendations of the
2 09.00 ' Limited Burning Regulations Committee in the Chico urban area.
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r Information; referred to Planning Commission.
St. Clair Construction'Company, Chico. The Firm writes requesting that
the County lease property to them in the Chico area fox the
purposes of a parking Iot; property located on south side of
~~ O . Q 7 Manzanita Court, west of Highway 99. See motion following
Communications.
Page 418.
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', Les Hait, Attorney at Law. The Attorney, on behalf of Gary Domenickine,
files a claim in the amount of $62,000.00 as a result of personal
~Q ~ ,o'Z, injuries sustained as a result of winning a prize at the Silver
Dollar Fair. See motion following communications.
Ridge Runners Square Dance Club, Inc. The Glub appeals decision of the
Board regarding pro-rated increase in rent for Paradise Memorial
ij"yO ~•~~ Ha11. See di;scus.sion following communications.
Dwight H. Barnes. Mr. Barnes writes thanking Che Board for the gifts pre-
/00~ (a Q sented to him at the Nine Northern Gounties meeting in Susanuille.
Information.
77-1636 DENY APPEAL FOR EXTENSION OF TIME RE: DRAINAGE FEE OF $1800 PER
ACRE FOR MARSHALL 0, NYSTROM, AP 55-26-03, TWO LOTS, WEST SIDE OF DeMILLE
DRIVE 1 250 FEET WEST OF PENTZ-MAGALTA HIGHWAY PARADISE.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, the appeal of Marshall 0. Nystrom for extension
of time regarding drainage fee of $1800 per acre for AP 55-26-03, two
lots, west side of DeMi,lle Drive, 1,256 feet west of Pentz-Magalia Highway,
Paradise was denied.
77-1637 REJECT CLAIM
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, Che Claim of Marsh, Washington & Marsh, Attorneys
at Law, on behalf of Cynthia L. Howard, etal in the amount of $750,000 as
a result of an automobile accident occuring June 28, 1977 in which the
County is named as a claimant was rejected and referred to County Counsel
and the insurance carrier.
77-1638 AUTHORIZE LETTER TO BE SENT TO ST. CLATR CONSTRUCTION CO., CHICD
RE: UEST FOR LEASING OF PROPERTX IN GHICO AREA
The property that St. Clair Construction Company would like to
lease for parking purposes is part of the property that was given to the
State of California by the Bidwell estate. The property cannot be used
for the purpose.
On mation of Supervisor WinSCOn, seconded by Supervisor Lemke
and unanimously carried, a letter is to be sent to St. Glair Construction
Company stating that the property cannot be leased for the purpose of
a parking lot.
77-1639 REJECT CLAIM
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, the claim presented by Les Hait, Attorney at
Law, on behalf of Gary Domenickine in the amount of $62,000 as a result
of personal injuries sustained as a result of winning a prize at the Silver
Dollar Fair was rejected and referred to County Counsel and the insurance
carrier.
77-1640 APPEARANCE: RAY WAELBROCX, RIDGE RUNNERS SQUARE DANGE CLUB~INC
Mr. Waelbrock stated that he would like to discuss the Board's
decision to deny the Ridge Runners 'Square Dance Club, Tnc. appeal regarding
pro-rated increase in rent at Paradise Memorial Hall. Mr. Waelbrock set
out the background of the appeal. The Club has put improvements into the
Hall at no cost to the County. Mr. Waelbrock stated that the Club received
notice that the rent was going to be increased. This is a non-profit
organization and it would be very difficult to pay the increase rates.
Mr. Waelbrock stated that the meeting that he attended at the Memorial
Hall had heard his appeal. The Committee voted'unanimously'to'approve"
the appeal.. ",~~.-~~Led reef
', The matter is zeferred back to the Committee to listen to the
appeal. Page 419.
August 23, 1977
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77-1641 ADDITIONAL MATTERS PRESHNTED BY BOARD MEMBERS
', Supervisor Lemke stated that the Paradise Fire Protection
District would 11ke to purchase property at the intersection of Pearson
and Libby Road for $1 from the County. This property is 1128112.
The Administrative Office ie to notify the District the procedures
that must be followed in order to purchase the property.
Supervisor Lemke stated that Mr, and Mra. Henley of Paradise
had complained of the sonic booms that are taking place over their home.
They have given dates and times that these occur. The Henley's are
complaining of fecal matter dropping from the sky on their home and
around the area.
TheeHealth Dephrtmentuto~makeMs.labdrhtoryi:.anaiysi•s atid~determine
what the substance is. The $dmiatsttative5Office~toscontact the FAA and
tell them of the complaints regarding the sonic booms and find out what
can be done.
77-1641 WAIVING OF SECOND READING AND ADOPTING :SALARY ORDINANCE AMENDMENT
TO LATER IN MEETING
Supervisor Moseley stated that she would like to know where
the deputy changes have been made.
The matter is continued to later in the meeting.
77-1642 APPROVE tiEItIT_~NCREASE FOR ENVIRONMENTAL REVIEW DIREC
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and carried, the merit increase for the Environmental Review Director
was•appraved. AYES: 5upervisare Lemke, Madigan and Chairman Richter.
NOES: Supervisors Moseley and Winston.
77-1643 PUBLIC HEARING: CRAIG AND EVERETT OSBORN - REVERSION TO ACREAGE,
AP 27-04-03 and O5, TWO LOTS, EAST SIDE OF THRESHER TRACT ROAD, 1800 FEET
SOUTH OF LOWER WYAt~OTT$. OROVILLE.
The public hearing of Craig and Everett Osborn - reversion to'
acreage, AP 27-04-03 and 05, two lots, east side of Thresher Tract Road,
1800 feet south of Lower Wyandotte, Oroville was held at this time.
Clay Castleberry, Public Works Director, stated that since the
matter had been set for hearing the State law was changed which would allow
reversion to acreage by the filing of a parcel map. The Advisory Agency
has recorded the map.
Matter taken o£f the agenda. No notion taken.
77-1644 PUBLIC HEARING: A. T. FREEMAN - REVERSION TO ACREAGE, AP 27-28-23,
THREE TATS, EAST SIDE OF DRIER, 800 FEET SOUTH OF ONTARIO, 200 FEET NORTH
OF_MA_C__TN_TOSH, PALERMO,
The public hearing of A. T. Freeman - reversion to acreage,
AP 27-28-23, three lots, east Bide of Grier, 800 feet south of Ontario,
200 feet north of Macintosh, Palermo was held at this time.
Clay Castleberry, Public Works Director, stated Lhat since the
matter had been set for hearing the State law was changed which would allow
reversion to acreage by the filing of s parcel map.•~ The Advisory Agency
has recorded the map.
Matter taken off the agenda. No action taken.
77-1645 APPROVE GRANT MODIFICATION CETA TITLE I - TO INCLQDE $22,018 OF FY 76
CARRYOVER FUNDS TO BE UTILIZED IN NEW PROGRAM YEAR.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, the grant modif3:cation~for CETA Title i to include _
$22,018 of FY 76 carryover €unds to be utilised in the'new•program was
approved and the Director authorised to sign.
Page 420.
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77- 46 APPROVB ExTENSION OF ONE WEER - WELFARE FIRE CONTRACT FDR FIRE REPAIR
On motion of Supervisor Lemke, seconded by Supervisor Madigan cad
unanimously carried, an extension of one week for the Welfare fire contract
was approved.
77-1647 ACCEPT WORK OF FOOTHILL LANDSCAPE CONSTRUCTION FOR LANDSCAPE DEVELOPMENT
BICENTENNIAL PARK: AUTHORIZED FILING OF NOTICE OF COMPLETION
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the work of Foothill Landscape Construction was
accepted for landscape development for Bicentennial Park; authorized Chairman
to alga the Notice of Completion sad instructed the Clerk to record said
Notice of Completion with County Recorder.
77-1648 Al3THORIZID PURCHASE OF ANTENNA TOWER AND RADIO SOPPORT EQUIPMSNT -
CHICO CHP BUILDING
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the purchase of antenna tower and radio support
equipment €or Chico CHP building at a cast of $300 plus sales tax with
funding to come from the central communications fixed sass[ budget was
approved and the Auditor directed to prepare sad release the warrant.
77-1649 AUTHORIZED PURCHASE - TWO BUNE~ BEDS FOR FIRE DEPARTMENT
On motion of Supervisor Winston, seconded by Supervisor Lemke
and carried, the purchase of two bunk beds for the Fire Department was
authorized and a transfer of $500 from the Fire Department's special
departmental expense account was approved, AYES: Supervisors Lemke,
Moseley and Wiastoa. NOES: Supervisors Madigan and Chairman Richter.
77-ib50 APPROVE GRANT MODIFICATION - LEGAL RESEARCH ASSISTANT - PURCHASE OF
EQUIPMENT -.. ~ -. _._.
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, grant modification - legal research assistant was
approved sad purchase of equipment approved.
77-1651 ADOPT RESOLUTION 77-i38: RESOLUTION DESIGNATING PARKING SPACES IN
CHICO COUNTY COI~LEX
On motion of Supervisor Madigan, seconded by Supervisor Winston
and unanimously carried, Resolution 77-138 designating parking spaces is
Chico Cauaty complex was approved and the Chairman authorized Co sign.
77-1652 APPROVE ESTABLISHMENT OF $SO CHANGE FUND - SHERIFFS CIVIL OFFICE
On motion of Supervisor Lemke, seconded by Supervisor Madigan sad
unanimously carried, establishment of a $50 change food for the Sheriff's
Civil Office was approved and the Auditor directed to issue warrant.
77-1653 APPROVE DISCHARGE FROM ACCOUNTABILITY - BIGGS JUDICIAL COURT FROM FOUR
T,•RUST_ACCOUNTS TOTALING $607
On motion of Supervisor Winston, seconded by Supervisor Moseley
a ad unanimously carried, discharge from accountability for Biggs .Judicial
Court for four trust accounts totaling $607 pursuant to Government Code
Sections 25257 and 25258 was approved.
77-1654 APPROVB AMENDMENT TO COUNTY SERVICE AREA N0. 37 AGR~'~ - GRIDLEY
AMBUTANCE'SERVICE AREA TO AMEND SCHEDULE OF FEES AND APPROVE AGREII~d1'P
WHICH WILL PROVIDE FOR INDIGENT AND DRY RUN REIMBURSEMENT.
On motion of Supervisor Madigan, seconded by Supervisor Moseley
and unanimously carried, amendment to Cavaty Service Area No. 37 agreement
sad indigent/dry run agreement were approved as•recoamended by Administrative
Office.
77-1655 PUBLIC DEFENDER CONTRACT AGR~'~' CONTINUID TO AUGUST 30. 1977
A committee of Supervisors Madigan and Winston are to meet with
Administration, County Counsel and the judges and came back with a recommenda-
tion next week. age 421. ..-
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77-1656 MOTION FAIL5: PAY ONE-HALF COST OF CHICO LIBRARY FEASIBILITY STUDY
WITH CITY OF CAICO FOR SERVICES OF McFARREN. FOB AND TARMAN
The city of Chico has appropriated $1,000 for a feasibility
study for the three locations for the Chico Library. The agxeemenC with
McFarren, Fox and Terman cells for $2,000.
On motion of Supervisor Winston, seconded by Supervisor Richter
in the spirit of cooperation the County will share the cost involved in
the analysis of the three sites proposed for the Library.
AYES: Supervisors Winaton~and Chairman Richter.
NOES: SupervisoraLemke, Madigan sad Moseley.
Motion fails.
It was felt that the City of Chico and the County should do the
work in-house instead of spending the $2,000.
77-1657 PUBLIC KERBING: LUVERA M. RIDGEWAY - NEGATIVE DECLARATION AND REZONE
FROM "A-R" (AGRICULTURAL-RESIDENTIAL) TO "AR-MH" (AGRICULTURAL RESIDENTIAL-
MOBILE HOI~) PROPERTY LOCATED AT TSE END OF ELGIN STREET, APPROX. 500 FEET
EAST OF BURLINGTON AVE., IDENTIFIED AS AY 36-011-01 AND AP 36-031-03,
CONTAINING 0 ACRES MORE OR LESS OROVILLE: ADOPT ORDINANCE 8 5.
The public hearing of Luvera M. Ridgeway - negative declaration
and rezone from "A-R" (agricultural-residential) to "ARgMH" (agricultural
residential-mobile home) property located at the end of 81gin Street,
approx. S00 feet east of Burlington Ave., identified as AP 36-011-01 and
AP 36-011-02, containing 10 acres, more or less, Oroville was held as
advertised.
No one.
Hearing on the negative declaration open to the public. Appearing:
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the Board finds the propasad project could not
have a significant effect oa the environment, and a Negative Declaration
will be prepared.
Hearing on the project open to the public. Appearing: No one.
Rearing closed to the public and confined to the Board.
Oa motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, rhd~rezane from "A-R" to "AR-MH" wen approved
with the findings that thisfs ~ conformance with the General Plan; that the
proposed development of property as a mobile home use would serve to upgrade
the area generally; this is in the public interest; Ordinance 1855 adopted
and the Chairman authorized to sign.
77-16 8 APPROVE P RAM PR RESS REVIEW REPORT - COMMUNITY ACTION AGENCY
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, the program progress review report for 1977 was
approved and the Chairman authorized to sign.
77-1659 APPROVE AMENDED BUDGET - 80C PROGRAM; AUTHORIZED AEVELOFMENT OF
REVISED SALARY SCfiEDULE
On~motion of Supervisor Winston, seconded bq Supervisor Moseley
and unanimously carried, the amended program budget was approved and
', Chairman authorized to sign; development of a revised salary schedule
', was authorized.
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77-1660 AUTHARIZB SIFSI~TTAL OF GRANT FOR 1978 WEATHERIZATION FLAN IN THE
AMOUNT OF $108.750
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, submittal of grant for 1938 weatherization plan
was authorized.
77-1661 DIRECT EXECUTIVE DIRECTOR TD TERMINATE FURTHER PARTICIPATION IN
ENERGY CRISI INTERVENTION GRANT - EMERGENCY RELIEF PROGRAM.
Oa motion of Supervisor ~instoa, seconded by Supervisor Madigan
and unanimously carried, the Executive Director was directed to terminate
further participation is the program.
RECESS: 9:55 a.m.
RECONVENE: 10:00 a.m.
77-1662 PUBLIC HEARING: 1'RANR LUDL04I - NEGATNE DECLARATION AND USE PERMIT TO
ALLOW THREE 5-UNIT APARTMENT BUILDINGS ON PROPERTY ZONED "A-R" (AGRICULTURAL-
RESIDENTIAL) LOCATED ON THE WEST SIRE OF SAWMILL 'ROAD, APPRO%. 350 FEET
F B LL8 ROAD. IDENTIFIED AS AP 53-IS-155, l5fi A„,,,,,,,,,,,,,_,,,,___
ND 157 PARADISE
The public hearing on the Frank Ludlow negative declaration and
use permit to allow three 5-unit apartment buildings on property zoned "A-R"
(agricultural-residential) located on the west aide of Sawmill Road, approx.
350 feet south of Bills Road, identified ae AP 53-15-155, 156 and 157,
Paradise wen held as advertised,
Earl Nelson, Environmental Review Director, set out the background
of the negative declaration. This 3s something of a borderline situation.
It ie different from the character of the area. The density fits the
general plan and it is relatively small for two units on 15 acres.
Hearing on the negative declaration open to the public.
Appearing:
1. Phil Mace, Attorney representing Jack Cody and other neighbors.
Mr. Mace stated that he agreed this was at least a borderline situation.
The checklist shows seven maybe marks. Mr. Mace stated that the guidelines
in Appendix D Nos. R, L, T and U are items that indicate a substantial effect.
There was a petition with 55 signatures presented to the Board of Zoning
Ad~ustmeat and eight people spoke is opposition, The neighborhood feels
there is a substantial impact and that is :sufficient to order an EIR,
2, Jack Cody. Mr. Cady stated that there would be a problem
with the drainage.
Hearing closed to the public and confined to the Board.
Oa motion of Supervisor Lemke, seconded by Supervisor Winston
and unanimously carried, based'on the recommendation of staff as far
as the number of getitione and personal appearances and also the doubts
raised at today's hearing an EIR is to be prepared.
The hearing is continued to December 6, 1977 at 9:30 a.m.
77-1663 APPROVE RENEWi4L OF VARIANCES
Dn motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the following variance renewals were approved:
1. Lloyd Davis - renewal of variance to Sections 19-10 sad/or
19-I2 of the Butte County Code Eor placement of a mobile home on Rodeo
Avenue, Chico, Zone A-5, AP 42-OS-07 £or a period of one year.
2, Jim V. McCueker - renewal of variance to Sections I9-10 and/or
I9-12 of the Butte County Code for p]a cement of a mobile home on AP 47-06-09,
Cana-Pine Creek Road, north of Chico, Zoning A-40, for a period o£ one year.
Page 423. --
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77-1664 REPORT CONCERNING PERCOLATION TESTS FOR PliL1POSED LAND DIVISION BY
DOROTHY PARADIS ON LONE TREE ROAD.
Howard Toussaint, Sanitarian, stated that Mre. Paradises submitted
a parcel map is the hone Tree Read area. The soil is questionable.
Consequently, a soil teat was~aeked for in conformance with the requirements.
Dn motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, the recommendation of the Sanitation Department
to require to percolation testa were supported sad Mrs. Paradis was to
be informed.
77-1665 REPORT: REQUEST OF IRViNG TYRER (TYRER DISPOSAL) TO REDUCE INSURANCE
REQUIREMENTS TD DISPOSAL OPERATORS
Howard Toussaint, Sanitarian, stated that he has talked to Mr.
Tyrer regarding the insurance requirements in the garbage ordinance.
The limits of liability aretocy expensive and Mr. Tyrer~will be unable
to continue service. if the Hoard wants to change the Ordinance and
lower the limits on the insurance that will have to be a
Board policy and the Board will have to make that determination.
Dan Blackstock, County Counsel, stated that those are minimal
requirements for insurance. This is for the protection of the public.
Mr. Tyner stated that he could get the insurance for a total
of $1,198. The County has had to go to self-insurance because the
premiums are too shah,
Discussion of increasing the prises that Mr. Tyner charges
to his customers to compensate for the insurance premiums had at this time.
Tt was moved by Supervisor Winston that the Insurance requirements
remain the same.
Motion dies for lack of second.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and parried, a review is to be made of the insurance requirements in the
Ordinance for goesible change based on the testimony of Mr. 'T'yrer on
operation and real re~luctaaee ce of the Board Co $ee gover!Qment responsible
for fmflatidnt AXES: Supervisors Lemke, Madigan, Moseley and Chairman
Richter. NOES: Supervisor Winston.
A con®ittee of Supervisors 'Lemke and Winston are to meet with
the Administrative Officer, County Counsel, Sanitation and the insurance
companies and report back to the Board.
77-1666>~UBLIC HEARING; CENTER AGGREGATES, INC. - EN9IROI~NTAL IMPACT REPORT
AND USE PERMIT TO ALLOW A PORTABLE AGGREGATE PLANT ON PROPERTX ZONED B1A-2"
(GENERAL) LOCATED ON THE NORTH SIDE OF VANCE AVE., .EAST OF THE~SACRAMENTO
NORTHERN RAILROAD RIGRT-OF-WAY, IDENTIFIED AS AP 25-042-12, NORTHEAST OF
RID - CONTINUED TO OCTOBER 2 9 AT :30 a m
The public hearing on Centex Aggregatea,•Inp. - eavirpamental
impact report and use permit to allow a portable aggregate plant on property
zoned "A-2" (general) located on the north side of Vanpe Ave., east of the
Sacramento Northern Railroad right-of-way, identified as AP 25-042-12,
northeast of Gridley was held at this time.
Hearing open to the public. Appearing: No one.
The hearing is continued to October 25, 1977 at 9:30 a.m.
i. r ,t . ~.'!; '~'`. ~:; i 7-139 c NOTICE QP '_ld
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77-1567 ADOPT RESOLUTION 77-139: NOTICE OF INTENTION TO SELL TAX DEEDID_PRD1?ERTY
On•motion of Supervisor Winstaa, seconded by Supervisor Madigan
and unanimously carried, Resolution 77-139 giving notice of intention to
sell tax deeded property was adopted and the Chairman authorized to sign.
77-1668 ADOPT RESOLUTION 77-140: REPLENISH TREASURER'S CASH DIFFERENCE
D RECTING AUDITOR TO I SUE A WARRANT TN THE AMOUNT OF 1 2.22
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, Resolution 77-140 replenishing the Treasurer's
cash difference fund was adopted and the Chairman authorized to sign;
Auditor directed to issue warrant in the amount of $172.22,
77-1669 APPROVE 'PLAN AND AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF HEALTH
FOR RELINOUISHMF~IT OF ADOPTION SERVICES
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the plan and agreement with the California
Department of Health for reliaguiahment of adoption services were approved.
77-1670 APPROVE PUBLIC WORKS ITEMS
On motion of 'Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the following Pub11c Works Items were approved:
1. Waive first reading of ordinance repealing Ordinance 1770
and amending Chapter 20 of the Butte County Code relating to regulations
of subdivision of land.
2, Adopted Resolution 77-141, sunmiary abandonment on a portion
of old Highway 40 alternate which is no longer needed and authorized the
Chairman to sign.
3. Postponed improvements on use permit for Interior Design,
6351 Clark Road, Paradise pending Clark Road Assessment District formation.
4.Approved plans and specifications £or Baggett - Marysville
Read relaeation Project No. 21461-74-i; authorized Chairman and Public
Works Director to sign plans; adopted wage scale; and set bid opening
for September 15, 1977 at 11:00 a.m., Pvblic'Works Office.
5. Authorized service on Saturdays for county residents by
Chico Clipper.
77-1671 HEARING: VEI24A PRITCHETT - REQUEST FOR RELIEF OF DESIGN CRITERIA
RE: TRAVERSABLE ACCESS, .AP 62-09-18, WEST SIDE OF ORD-QUINCY HWY.,
ONE-HALF MILE NORTH OF HARTZ MILL FIRE STATION. .NORTHEAST OF OROVILLE
The hearing an Velma'Pritchett request for relief of design
criteria regarding traversable access, AP 62-09-18, west side of Oro-
Quincy Hwy,, one-half mile north of Hartz Mill Fire 8tation,~northeast
of Oroville was held at this •time.
Clay Castleberry, Public Works Director, stated that the
access has been is existence for years. The access cannot be economically
widened to a 2-lane traversable access. Mr. Castleberry stated that
if there were no further divisions then he would recommend using the
access available.
Oa motion of Supervisor Wiastoa, seconded by Supervisor Lemke
and unanimously carried, Veims Yritchett's request for relief of design
criteria regarding traversable access was approved with the statement
placed oa the map that no further divieiona-are to be made until traversable
access is provided.
Page 425.
August 23, 1977
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77-1672 ADOPT RECOMMENDATION OF PUBLIC WORKS RE: ORD RANCH TRANSFER STATION
Clay Castleberry,~Public'Worka Director, stated that the
community would like to have the Ord Ranch Transfer Station services
continued. Mr. Castleberry stated that Public Works recommends that
the Board issue invitation for proposals to furnish garbage transfer
atetian services to Biggs-Gridley area and who is financially able to
meet the obligetioas.
On motion of Supervisor'Moseley, seconded by Supervisor Winston
and unanimously carried, invitations are issued for groposals~to operate
the refuse transfer station at Ord Ranch with no coat to the taxpayers and
adopt the recommendations of Public Works.
77-16F3_AWARD BIDS
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, the following bids were awarded:
1. Pentz-Magalia Highway, ProjecC No. 45471-77-I to Robinson
Construction Company.
2. Lassen and North Avenues, Project No. 57183-77-1 to Butte
Creek Rock Company.
the Auditor authorized to bring bank suitable transfers to cover where the
coats were more then budgeted.
' Cley Castleberry, Public Works Director, stated that the North
Avenue property owners put in the curbs and gutters. It was marginally
financed. There is about $990 worth of repairs to be made where the poles
were in the way.
On motion of Supervisor Madigan, seconded by Supervl8or Lemke
a ad unanimously carried, Public Works wae~authorized to fill in the
problems and do the work at a cost of $995.
77-674 ADDITIONAL MATTER PRESENTID BY PUBLIC WORKS
Clay Castleberry, Public Worke~Director, stated that he would
bring a report to the Board regarding the State Highway Fund. There is
$LO million less than is generated in Butte County.
77-1675 APPROVAL OF PBBBLEWOOD PINES FINAL SUBDIVISION MAP CONTINUED TO
AUGIIST 30. 1977
Approval of Pebblewood Pines final subdivision map was continued
to August 30, 1977.
77-1676 SET PUBLIC HEARING DATE
A public hearing date of September 13, 1977 at 10:00 a.m, was
set to consider the extension of interim 5R-1 fob property located south of
Mud Creek, west of the Esplanade, north of East Avenue end east of the
Southern Pacific Railroad right-of-way, containing 850 acres, more or less,
Chico.
77-1677 APPROVAL OF PERMiT FOR GOLDEN FEATHER VOLUNTEER FIRE COMPANY FOR USE
OF CONCO_W TRANSFER STATION CONTINUED TO AUGUST 30. 1977
The consideration of approval of a permit for Golden Feather
volunteer Fire Company for vas of the Concow Transfer Station is continued
to August 30, 1977 so that the Fire Comgeny can review the permit.
77-1678 ADDITIONAL MATTER PRESENTED
The Berry Creek Property Owners Association are giving the Board
their permit for the use of Berry Creek Transfer Station.
._. =~.;;li.:" , " .. c I,DOPT ^RD~N,4NCF
Page 42 b.
August 23, 1977
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77-1679 WAIVE, .SECOND READING:•ADORT ORDINANCE 1856:'SALARY ORDINANCE AMENDMENT
IMPLEMENTING PERSONNEL CHANGES APPROVED TN 1977-78 BUDGET
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, the second reading of the salary ordinance amendment
implementing personnel changes approved in the 1977-78 budget was waived;
Ordinance 1856 was adopted and the Chairman authorized to sign.
77-1680 PUBLIC HEARING: BUTTE COUNTY HUMANE SOCIETY - APPEAL CONDITIONS OF A
USE PERMIT REQUIRING IIRBAN IMPROVFMENTB WHICH WERE A CONDITION OF EXPANSION
OF THEIR FACILITIES ON SOUTH SIDE OF HIGHWAY 32, NEAR EL MONTE_AVENUE. CHICO.
The public hearing on the Butte County Humane Society appeal
of conditions of a use permit requiring urban improvements which were a
condition of expansion of their facilities oa~the south side of Highway 32,
near E1 Monte Avenue, Chico was held ea advertised, Supervisor Madigan
stated that the Board had received a memo from Mr. Lawson, Planning
Director, stating that the appeal was not timely. Supervisor Madigan
stated that he had hand delivered a letter of appeal oa May 23, 1977
which cannot be found. Jim Lawson set out the requirements for construction
of full improvements, curbs, gutters, drainage and sidewalks.
Hearing open to the public. Appearing:
1. Lois Pantei. Me. Pantel stated that the Society woald like
the have the conditions waived as there is a leak of finances. The Society
is adding on and not building a new facility. This fe•run strictly oa
a donation-basis.
Etpwasimoved by Supervisor Madigan, seconded by Supervisor Lemke
that the use permit be approved and a period of three years be allowed to
complete the improvements.
Motion out of order.
2. George Schmidt, 1531 Forest Avenue. Mr. Schmidt stated
that he opposed the use permit and would like to see the conditions
left in the use permit.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Madigan,•aeconded by Supervisor Lemke
and unanimously carried, the use permit was approved and a period of three
years was allowed to comply with the requirements for the improvements.
77-1681 ADDITIONAL MATTER P&ESENTID BY SUPERVISOR LEM&E
Supervisor Lemke stated that he had received a call from Kathy
Pawells from the Humane Society. Ma<.Yowelis was concerned with the
proposed drop boxes. The Society is afraid that the animals placed is
the drop boxes will become prey to persons wishing to harm .them.
A committee of Supervisor Lemke and Chairman Richter will
meet with the Humane Society on this matter.
77-1682 APPEARANCE: RAMONA FLYNN.l.'STAFF TO MAKE FEASIBILITY STUDY FOR LIBRARY
Ms. Flynn stated that she was concerned about the Chico-County
Library. Ms, F1yna stated that she is a citizen who is interested in the
library.
Oa matian of Supervisor Madigan, seconded by Supervisor Zemke
', and carried, the staff is to make the feasibility study for the Chico-
', County Library and cooperate with the City staff, AYES: Supervisors
Lemke, Madigan, Mosley and Chairman Richter. NOES: Supervisor Winston.
Psge k27.
August 23, 1977
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77-1b83 ADOPTION OF POLICY: ESTABLISHMENT OF~BRANCH WELFARE OFFICE IN CffiCO
On•motion of Supervisor Winston, seconded by Supervisor Zemke
and unanimously carried, a policy was adopted for the establishment of a
branch Welfare Office in the City of Chico.
Discussion of the location of the office had at this time.
The memo from the Administrative Office recommends looking at leasing a
building. The Buiiding now occupied by Riley and Sweeney'Insurence
would be available.t Thie could be for S years.
The Welfare office is to coordinate with the Administrative
Office and come back with a proposal indicating the perimeter o£ functions.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimeusly carried, the branch office will be a sate111teJOffice
offering •LhevenCtre7sex-:ri:eesc:thgtetbe:.recipient would need.
It was felt that the Board does not anticipate any increase
in coat beyond the building.
The Administrative Office to place the matter back on the
agenda when the work has been done.
77-1684 AYPOINTME[~TS CONTINIIED TO AUGUST 30. 1977
The following appointments were continued to August 30, 1977:
1. Appointments to Surface Mining Aggregate Operations Committee.
2. Appointments to Chico-Butte County Chapmantown Housing and
Community Development Advisory Committee.
3. Appointment to Committee on Community Development Account.
4. Appointments to Senior Citizens Advisory Council.
77-1685 APPOINTMENTS TO CITIZENS ADVISORY COl~ffTTEE ON DRUG ABUSE/ALCOHOL
ADVISORY BOARD.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously parried, the fallowing persons were appointed to the
Citizens Advisory Committee on Drug Abuse/Alcohol Advisory Soard:
1. Margery Ames
2. Melinda Sawyer
3. Dr. Richard S. Campicn
77-1686 APPOIt1TMF.NT TO FISH AND GAME COMNffSSION
On motion of Supervisor Moseley, eecgnded by Sule rvisor Madigan
and carried, Robert Malquiet was appointed member of the Fish and Game
Coa~ission. AYES: Supervisors Lemke, Medigan~ Moseley and Chairman Richter.
NOES: Supervisor Winston.
Supervisor Winston stated that the reason he had voted No on
the appointment was that government employees should not be appointed tc
committees.
77-1687 AUTHORIZE ADMINISTRATIVE OFFICER TO SENA LETTER SUPPORTING AB 1533
~UMUNICIPAL ORGANIZATION ACT)
Mike Pyeatt, Administrative Analyst, stated that AB 1533 would
make it easier 'to annex islands that ere surrounded by cities.
On motion::of Supervisor Winston, seconded by Supervisor Lemke
and carried, the Administrative Officer was instructed to send a letter
supporting AB 1533. AYES: Supervisors Lemke, Winston and Chairman Richter.
NOES: Supervisors Moseley and Mad~,ga~-1K. _
Yage 428. August 23, 1977
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J7-1688 ADOPT POLICY MANUAL SECTIONS 1.10 AND 1.11
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Policy Manual sections 1.10 and 1.11 were adopted
as presented.
77-1689 ADDITIONAL MATTER PRESENTED BY SUPERVISOR WINSTON
Supervisor Winston stated that he had~an•appointment to nuke to
MAC... There is an election of representatives in November. Supervisor
Winston stated that he would not make an appointment and the voters could
choose who they wanted to represent them.
77-1690 SEND LETTERS TO ASSEMBLYMEN DRGING THEM TO VOTE FOR THE OVERRIDE OF
On motion of Supervisor Madigan, seconded by Supervisor Lemk
and unanimously carried „letters are to be sent to our Assemblymen and
Assemblyman Dick Hayden urging them to vote for the override of the
Veto of SB 494 giving reimbursement for medical bills to the County.
88CESS: 11:25 a,m.
RECONVENE: 11:30 a.m.
77-1691 ADOPT ORDINANCES 1857 1lND 1858: INTER'ai ZONING FOR AREA SURROUNDING
AND INCLUDING MERIDIAN-MUNJAR AREA,„CHICO
Jim Lawson,•Planning Director, stated that the Planning Commiasian
had recommended that an interim zone of A.160 be placed on certain property
in the Meridian-Munjar area and Chat A-5 zoning ahauld be placed on other
property in the same area. Mr. Lawson set out the areas of the proposed
zoning.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and carried, the following interim ordinances were adopted for a period
of I20 days:
Ordinance 1857 - A-160 zoning
Ordinance 1858 - A-5 zoning
AYES:Supervisors Lemke, Madigan, Winston and Chairman Richter.
NOES:Supervisor Moseley
77-1692 ADOPT ORAINANCE 18596 ORDINANCE ADDING CHAPTER 31 TO THE BUTTE COUNTY
CODE RELATIVE TO GROUNDWATER
Discussion of a water element to the General Plan; discussion of
an ordinance to deal with the possibility of putting groundwater under the
control of the Board of Supervisors; and discussion of a county £unded and
directed public relations program had at this timd.
Supervisor Winston stated that he would Iike to see some of the
experts available on a committee to study the water situation and recommend
ways~to proceed to the Hoard. The committee should get together with the
Hoard members and come back with a position for the Hoard to take in defending
the water rights of the people of Northern California. Thee is an extremely
complex subject and it should be considered from all aides.
Ohad.rmau~8ichtertetatedpthatche had a meeting with the Chairmen
of the Hoards of Supervisors of the Northern Counties affected by the
water situation. There was very strong overwhelming support of a united
action on the part of the counties. The main opposition is the taking
of ground water rights by the State and exporting the ground water to some
where else. There was a total united front on that issue. The meeting
produced support of a joint powers agreement, hiring of legal counsel and
hiring of a water engineer. There was restrained enthuaiam on the training
program. Page 429.
August 23, 1977
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a m as c ~ c .¢ as c o o rs m .a s .¢ at c w w n w w w a s w a a a s s s m s a~
Disnueaion open~ta the gublic. Appearing:
1. Don Slake. Mr. Slake stated that he very strongly supported
the ordinance. Mr. Blake stated thaC if the ordinance was not enacted,
any riparian owner could sell Cheir water and became wealthy overnight.
2. Patrick Porgana. Mr. Porgana stated that he was in~favor
of the ordinance. Mr. Porgana stated that he concurred with Supervisor
Winston regarding the committee to study the water element.
3. DeVere Pace, representing the Farm 8ureav. Mr. Pace spoke
is favor of the ordinance.
4. Wayne Perkinsy, Biggs. Mr. Perkins stated that he was
concerned as a rancher about mineral rights.
5. Howard Saundry, Durham. Mr. Sauadry stated that it would
be prohibitive for a farmer to compete with the State on the water.
6. William Hazeltine. Mr. Hazeltine questioned the water
takes from the Afterbay. Dan Blackstock, County Counsel, explained
the type of system that was used at Cho Afterbay.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, Ordinance 1859 dealing with groundwater was
adopted as a urgency ordinance; the Chairman authorized to sign; and the
change to be made as follows: where the water gumped ie transported from
the underlying basin,
Oa motion of Supervisor Madigan, seconded by Supervisor Moseley
and unanimously carried, a 15-man Citizen's Advisory Council for Water
was established for the amendment of the water element; each board member
to appoint three peogle.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the Administrative Officer and County Counsel
are to contact the surrounding Counties involved with the water problem
and attempt to put together a point powers agreement with an asaeasmeat
oa each county based on some formula based on acreage.
7. SarbaraSeawall, League of Women Voters. Ms. Seawall stated
that the League was pleased to see the Board take the position it has
on the water situation.
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, Don Blake was asked Co attend the Bi-Annual
Groundwater Conferenc~ein Fresno on'SepCember 15 & 16, 1977 ae a
representative for the Board.
77-1693 DISCUSSION OF LETTER PRESENTED BY AUDITOR
Supervisors Madigan and Winston will look at the letter presented
by the Auditor and dlecuas it with Counsel and come back next week with
a recommendation.
ADJ0IJRNMENT
There being nothing further.~before the Board at this time, the
meeting was adjourned at 12:30 p.m, to reconvene on Tuesday, August 30, 1977
at 9:00 p.m.
ATTEST: CLARK A. NELSON, COUNTY CLERIC /~
By: ~~-`..~E ~C ~i~ Cheirmaa, $oard of Supervisors
age 430.
August 23, 1977