HomeMy WebLinkAboutM083077^.
August 30, 1977
STATE 0$ CALIFORNIA )
SS.
COUNTY OF BUTTE
The Board of Supervisors reconvened at 9:00 a.m. pursuant to
adjournment. Present: Supervisors Lemke, Madigan, Moseley, Winston sad
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
Invocation By Supervisor. Moseley
77-1694 APPROVAL OF MINUTES
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and unanimously carried, the minutes of August 23, 1977 were approved as
mailed.
77-1695 COMMUNICATIONS
$iggs Community Club. The Biggs Community Club writes indicating their
830. O O support of a City-Covnty library in the town of Biggs. Information.
Waldo C. Stafford, Paradise. Petition is filed for variance to the provi-
sions of Sections 19-10 and/or 19/12 of the Butte County Code for
placement of a mobile home on AP 53-23-118, 5808 Kibler Road,
~~ 3•~ ~ , Paradise. Set for hearing September 20, 1977 at 10:15 a.m.
Charles H. Grady, Durham. Mr. Grady appeals the Advisory Agency's deaf al
of his parcel map AP 40-15-20, three lots, on the east side o£
~~ ?~, p J~ Lott Road, 1/4 mile north of Durham-Oroville Highway, Durham.
Set for hearing September 13, 1977 aC 10:15 a.m.
Bachman Engineering, Chico. The Engineers, on behalf of Paul Owens,
appeal conditions of a parcel map, AP 56-D5-24, two lots, east
~j ~~~ J of Highway 32 near Ten Mile House, south of Forest Ranch. Set
for hearing September 13, 1977 at 10:36 a.m.
Bachman Engineering, Chico. The Engineers, on behalf of Harlan Dwens,
appeal conditions of parcel map, AP 56-05-28, two lots, east of
~ y Highway 32 near Ten Mile House, south of Forest Roach. Set for
~r 3• hearing September 13, 1977 at 10:45 a.m.
Governor's Commission to Review California Water Rights Law. Meeting
notice o£ Governor's Commission to Review California Water Rights
4l~, O ~ Law to be held in Oakland on September 13. See discussion following
communication.
State Board of Forestry. The State Board writes concerning the placement
of housing in high £ire areas. See discussion following communications.
,ZO`j • C O
State Board of Equalization. The Board writes concerning the current
assessment ratios in Butte County. See discussion following commu-
I~ ~' ~ O nications.
U. S. Department of Labor. The Department writes concerning CETA plan hiring
fO 3• so goals in Titles II and VT. See discussicn following communications.
Don Knauff, Paradise. Mr. Kaauff wishes to withdraw his application for
petition for a variance for placement of a mobile home on AP 55-25-
fl 3 • O ~', 09b, 4855 Clark Road and would like his fee of $25 refunded.
Hold until hearing on September 6, 1977.
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77- 6 DISCUSSION• GOVERNOR'S COMMISSION TO R£'VIEW CALIFORNIA WATER RIGHTS LAW
Discussion of the letter from the Governor's Commission to review
California Water Rights Law was held at this time.
Chairman Richter reported an the meeting with Department of Water
Resources staff that was held in Chico on Friday night. Mr. Dunning called
to talk about a meeting in Northern California regarding the Water Rights
Law review.
Supervisor Madigan stated that last Friday night he had talked
to Mr. Lee sad the attorney regarding Harvey Banks'•statements as against
the study made during his term as Director of Water Resaurcea, that was
published May, 1957. A summary was passed out to the Board members. This
study deals with the possible dam sites. Mr. Hanks is now saying that
there are no dam sites in Northern California.
77-1697 DISCUSSION: LETTER FROM STATE BOARD OF FORESTRY RE: PLACEMENT OF
fiOUSING IN HIGH FIRE AREAS - APPROVE MODIFICATION OF THE BURNING BAN IN
BUTTE COUNTY.
Discussion of the letter from the State Board of Forestry
regarding the placement of housing 6n high fire areas and discussion
of a modification of the burning ban is Butte County had at this time.
Bob Paulus, Fire Warden, stated that the State Board of Forestry
is appointed by the Governor as the policy making body for the Forestry
Department. There is concern for development in California in the
wildlife arena. It is oomplicating the fire protection agencies.
The State Board of Forestry letter•is referring to the fact that the
forestry can no longer fight fires, but have to protect property.
It is coating more money to equip the personnel to handle the complicated
problems. The tone of the letter is to get the counties to considers
placement of homes in the flat leads instead of the wildlife area. Butte
County falls into much of the wildlife area. This would be difficult if
not imQoaeible to do.
Discussion of using flame retardant materials on the roofs of
homes is the high danger areas had at this time.
Mr. Paulus stated that there must be water and hydrants on
the lot splits. This would help with the problem.
CETA personnel could be used to clear growth adjacent to
residential developments.
Mr. Paulus stared that the burning ban that was placed oa the
County by the Board did'~ndt:tallow for burning on days that it would be
possible to burn. Mr. Paulus stated that he was asking the Board to
authorize himself to allow people to burn on certain days that is determined
to be a good day for burning.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the Fire Aapd®tl~ent was authorized to use his
discretion to allow burning on the good days.
77-1698 AISCUSSION: LETTER FROM STATE BOARD OF EQUALIZATION RE: CURRENT ASSESS-
MENT RATIOS IN BUTTE COUNTY.
Leonard Chollet, Aaseesor's Office, set out the background of
the assessment ratios used in $utte County- and those required in the
R&T Cade. This would pertain to the applicants filing appeals before
the Assessment Appeals Board. There could be a reduction in tax rates
', for these people.
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77-1699 DISCU55ION LETTER FROM U. 5, DEPARTMENT OF LABOR RE: CETA PLAN
HIRING GOAL5 TN TITLES II AND Vi.
Jim Rackerby, Personnel Dixector, stated that this letter was
dEscuesed at the Manpower Council. Since the letter was written the
statistics have been brought up to compliance. Two people have been
hired. Some of the problems are the s3ow hiring of public service
employeee. The City and County ordinances take time to get into effect.
This tends to slow up the hiring. Project areas have a high term over.
There is a different eligibility group. There are 445 total PSE and
project positions. The goal is 548. There are over 100 jobs to be filled.
The Board might want to look at the Community based organizations to
complete filling of the positrons. Mr. Rackerby stated that maybe a
good forestry project could be developed. The agencies would have
to develop a plan for supervision of the job.
The Board should possibly consider using EOC as a place to
allocate jobs. EOC has not been considered before. Since Razia Khan
has been made Director on Aging then they could generate several jobs.
Discussion of the County having to pick up the cost of
fringe benefits for CETA personnel had at this time. Mt. Rackerby stated
that CSAC have managed to stall this in the State Legislature. The
Attorney General is to get an opinion and effect a one-year delay.
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, agencies were encouraged to fill CETA positions
as soon as possible.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, EOC was to be considered for CETA positions as
governmental agency due to the Director being Director of Aging.
77-1700 ADDITIONAL MATTERS PRESENTED BX BOARD MEMBERS
Supervisor Moseley stated that Dr. Hazeltine was concerned with
the ordinance relating to exporting of water. Ar.Hazeltiae would like to
see wording pertaining to drainage in~the ordinance.
Dan Blackstock,•Couaty Counsel, stated that the ordinance does
not prohibit anyone from draining land. This would just clarify the Board's
intent. There will be other problems that will occur. This could be
brought to the Board £or amendment.
Supervisor Mad'igaa' stated ,thatF•the~fBoard~shouida¢oasd.d~r^maid.ing
of hhb.:agen~lae.;on~Thtrrsday lnetead of Friday. The Poat Office is•talkiag
of not delivering mail on Saturday so the Board should get started before
that time.
77-1701 APPROVE GRANT APPLICATION - SUhIIfER YOUTH PROGRAM
On motion of Supervisor Nladi~,seconded by Supervisor Lemke and
unanimously carried, the grant applicAtion far the summer youth program
(CETA) was approved.
77-1702 PUBLIC HEARING: STONESON DEVII.OPi~lENT CORPORATION - REDONE FROM "A-2
LTD" (LTMTTED GENERAL) TO "PA-C" (PLANNIDRREA-CLUSTER) PROPERTY ON THE
WEST SIDE OF CLARK ROAD AT NUNNELLX ROAD, PARADISE - REFERREb BACK TO
PLANNING COPPS25SION
The public hearing on the Stonesoa Development Corporation rezone
from"A-2 Ltd" (limited general) to "PA-C" (planned area-cluster) property
on the west side of Clark Road at Nunnelly Road, Paradise was held as
continued. Jim Lawson, Planning Director, stated that he had verbal
request to continue the matter. The EIR is not completed and a planned
area-cluster map has•not been submitted.
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A 3 R 9 i 'L Yt S S G C S i L C T. R C C S C p@ C i C! C C. ~¢ 'L C .r. i5 L-
Hearing open to the public. Appearing: No one.
Hearing c~,ased to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Supervisor Winston
and unanimously carried, the Stoneson Development Corporatdoa rezane was
referred back to the Planning Commission.
77-1703 PUBLIC HEARING: FRANCES BEDFORD - APPEAL DENIAL OF TENTATIVE PARCEL
MAP, AP 22-080-13D, THREE LOTS, BETWEEN SMITH ROAR AND HIGHWAY 99E, 1,350
FEET NORT_HOF RIO BONIQO RAAD. BIGGS.
The continued public hearing of the Frances Bedford appeal denial
of the tentative parcel map, AP 22-080-130, three lots, between Smith Road
and Highway 99Z, 1,350 feet north of Rio Bonito Road, Biggs was held at
this time. Clay Castleberry, Fublic Works Director, stated Chat the map
has been revised to meet all of the conditions net forth.
Hearing open to the public. Appearing: Eugene Bedford. Mr.
Bedford stated that he was present Co find out what the Board was going
to do with the map.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the tentative parcel map was approved with the
findings that it is consistent with the General Pian; with the findings
that a Negative Declaration was adopted and subject to the following
conditions:
1. Show a 100 ft. leachfield free setback from the canal and i00 ft.
leachfield free radius around existing walls.
2. Deed to the County of Butte 30 ft. right-af-way from Che centerline
of Smith Ave. and 40 ft. from the centerline of 99E.
3. Indicate a 50 ft. building setback from the centerline of Smith Ave.
and 55 ft. from the centerline of State Highway 99E.
4. Show all easements of record on the final map.
5. Obtain encroachment permit for any new driveways.
77-1704 PUBLIC HEARING: MICHAEL E. BOEGER - NEGATIVE DECLARATION AND VARIANCE
TO AL1AW THREE PARCELS OF ONS ACRE AND ONE PARCEL OF 13 ACRES ON PROPERTY
ZONED "A-40" (AGRICULTURAL-40 ACRE PARCELS) LOCATED DN THE EAST SIDE DF
WEST BIGGS GItIDLEY ROAD, APPROX. 1/2 MILE NORTH OF MACEDO ROAD, IDENTIFIED
AS AP 22-21_-37. GRIDLEY.
The public hearing on the Michael S. Boeger negative declaration
and variance to allow three parcels of one acre end one parcel of 13 scree
on property zoned "A-40" (agricultural-40 acre parcels) located on the
east aide of West Biggs Gridley Road, approximately 1/2 mile north of
Macedo Road, identified as AP 22-21-37, Gridley was held as advertised.
.7im Lawson, Planning Director, set out the background of the variance.
County Counsel advised the Board of Zoning Adjustment that the request
for the variance was improper and that it should not have been accepted.
Earl Nelson, Environmental Review Director, set_odt!:the background
of the negative declaration checklLet.
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nHearing on the negative declaration open to the public. Appearing:
No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and unanimously carried, Che Board finds that the proposed project could
not have s significant effect on•the environment, and a Negative Declaration
is recommended.
Hearing on•the project open to the public. Appearing: Michael
Boeger. Mr. Boeger set out the surrounding area. The front part of the
property cannot be fanged. There is a drop off amd when the front part
of the property is irrigated this floods the neighbors property. The
reason for requesting the property is to place a house on the front
part of the property for a relative. There ie no way to level the property
to make it usable.. There are no objections from the neighbors to the
variance.
Hearing closed to the public and confined to the Board.
It was moved by Supervisor Moseley, seconded by Supervisor Madigan
that based on the knowledge and the testimony given at the hearing the
appeal was approved with the findings that because of special circumstances
applicable to the property, including size, shop, topography, location or
surroundings, the strict application of the variance deprives such property
of privileges enjoyed by other property in the vicinity and under idential
zoning classification.
Del Siemsea, deputy County Counsel, stated that this is creating
a substandard lot in A-40 zoning.
Chairman Richter stated that this was breaking done the zoning
in the area.
Mt. Lawson stated that the soil was Class 2 soil. When small
lots and houses are created, it is a hardship for irrigation and spraying.
Eventually the property will be sold to other people and they may have
different ideas and complain about the spraying. It is difficult to
recognize a benefit to the County on a long term basis.
Mr. Boeger spoke in response to the comments made by Mr. Lawson.
Mr. Boeger stated that he agreed with Mr. Lawson. The property could at
some time be Bald, At the present time, it is impossible to spray or
irrigate. Mr. Boeger stated that he did not think that this would be
a detriment to the surrounding area.
Roll call on motion:
AYES: 5upervisora Lemke, Madigan, and Moseley
NOES: Supervisor Winston and Chairman Richter
Mot on carried.
77-1705 DISCUSSION: CHICO OFFICE WELFARE STAFFING AND STATE_ALLOCATION FUNDING
Bob Crisan, Welfare Director, atated~that he had provided a memo
to the Board regarding staffing for the branch office in Chico. The Welfare
Department is having funding problems with the State. The Board has always
approved the Department's requests. The State controlls the State and
Federal funds,
If the Department fills the Chico office with a staff of 16 persons
that will cover the Chico area. The funding should be demanded from the
State for future expansion.
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There are $140,000 in funds if the State would release the
money. The W&I Code has not been followed for three years. There should
.,, be a letter or Resolution drawn up to be sent to the Governor requesting
release of the funds. The State hoe indicated a williagaeas to work with
the County regarding the branch office. They should be gives a chance to
discuss this with the Board.
The State is now saying that the County shall participate
407 in the coat of the Homemaker program. The county will spend about
$600,000 on the program. There will be an increase from now oa.
RECESS: 10:25 a.m.
RECONVENE: 10:30 a.m.
77-1706 PUBLIC HEARING: DWIGHT BRINSON - APPEAL OF CONDITION No. 8 CONCERNING
DRAINAGE REQUIREMENTS, FOUR LOTS, AP 40-15-08, EAST SIDE OF LOTT ROAD, 1,106
FEET NORTH_ OF DURHAM-OROVILLE HIGHWAY. EAST OF DURHAM.
The public hearing on the Dwight Brineon•appeal of condition No. 8
ccncernfng drainage requirements, four iota, AP 40-15-08, east aide of Lott
Road, 1,100 feet north of Durham-Oroville Highway, east of Durham was held
at this time. Clay Castleberry, Public Works Director, set out the background
of the appeal.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the condition No. 8 regarding drainage requirements
was waived.
77-1707 PUBLIC HEARING: RICHARD HOYT - APPEAL OF CONDITIONS OF ADVISORY AGENCY
ON TENTATIVE PARCEL MAP, TWO LOTS, AP: 47-29-02, 625 FEET WEST OF GARNER
LANE NORTH OF RANCHO ROAD NORTH OF CHICO.
The public hearing oa the Richard Hoyt appeal of conditions of
Advisory Agency on tentative parcel map, two lnta, AP 47-29-02, b25 feet
west of Garner 'Lane, north of Rancho Road, worth of Chico was held at
this time. Clsy Castleberry, Public Works;Director, set out the background
of the appeal. This ie an eppeai of drainage requirements.
Hearing open to the public. Appearing: Richard Hoyt. Mr. Hoyt
stated that there were no drainage problems in that area. The property
is on a paved road with chip and seal.
Hearing closed to the public and confined to the Board.
Oa motion of Supervisor Winston, seconded by Supervisor Lemke
and carried, the appeal was upheld and the condition relating to drainage
was waived. AYES: Supervieora Lemke, Madigan, Moseley and Wiastoa.
NOES: Supervisor Richter.
Discussion of drainage problems in that area. There are several
lots that can still be developed.
It was moved by Supervisor Madigan, seconded by Supervisor'I:emke
that ao further divisions be allowed in that area until the drainage problem
is taken care of or until a district fa formed.
Supervisor Madigan withdraws hie motion at this time.
The Manning Department is to bring back a proposed Interfm
zone that would cover 'both aides of the road, on September 6, 1977.
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77-1708 PUBLIC HEARING: FOREST RANCH DEVELOPMENT CO. - NEGATIVE DECLARATION
AND REZONE FROM "TM-5" (TIMBER MOUNTAIN-5 ACRE LOTS) TO "PA-C" (PLANNED
AREA-CLUSTER) PROPERTY LOCATED ON THE SOOTH SIRE OF CODY LANE, APPROX.
1/2 MILE EAST OF STATE HWY. 32, IDENTIFIED AS ~!P 63-04-34, CONTAINING 100
ACRES. MORE_OR_LESS. FOREST RANCH
The public hearing on the Forest Stanch Development Co, negative
declaration and rezone from "TM-5" (timber movi~tain-5 acre lots) to "PA-G"
(planned area-cluster) property located on the•eouth side of Cody Lane,
approximately 1/2 mile east of State Hwy. 32, identified as AP 63-04-34,
containing 100 acres, more or less, Forest Ranch was held as advertised.
Earl Nelson, Environmental Review Director, net out the checklist for
the negative declaration.
Hearing open to the public. Appearing:
1. Rick Daniels. Mr. Daniels stated that the property had an
archaeolagical survey done on•itc rlfi:anything is •found on the property ,
development would be stopped. Aeghalt shingle roofs will be placed on
the buildings in the development. This will be a condhminium type of
project. The lot will be sold rather than the buildings. The owners
of the property will be deeded the lot. The owners will have full
use of the remaining 88 acres.
2. Mr. Gero, Cody Lane. Mr. Gero stated that he would like
to know about the development. Mr. Gero stated that he was concerned
with the lack of water sad the septic.
Discuaelon of the two walla on the property had at this time.
Mr. Lawson stated that Howard Toussaint did not feel that the wells will
be sufficient.
Mr. Daniels stated that in regard to the water required by
Butte County the two wells were in compliance. One well is 115 feet
deep and has 15 gallons per minute. The other well is 305 feet deep and
ha,~ 25 gallons per minute.
Supervisor Madigan stated that a survey of the Forest Ranch
area by the Water Resources is conjunction with Howard ToussainC showed
a limited amount of water in the Forest Ranch area. The Jonesville Dam
is to help supply Fora et Ranch.
The matter 1s continued to September 6, 1977 at 10:45 a.m.
for presentation by Howard Toussaint regarding the water question.
77-1709 APPEARANCE: GORDON MANTZ. CLARK ROAD.
Mr. Mentz stated that he wan concerned about the Holcomb property.
Mr. Mentz stated Chat Mr. Holcomb has brought a load of bed springs on the
property. Mr. Mentz asked what had happened to the hearing that Mr. Holcomb
was to have.
Del Siemsen, deputy County Counsel, stated that the hearing would
be held on Friday at 1:30 p.m. in Department 3.
It was felt that Mr. Mentz should attend the hearing and present
the information to the Judge at that time.
77-17 0 APPEARANCES MTCAAEI, MORAN ATTORNEY FOR MR. HOLCOMB
Mr. Moran stated that he would like for the Board to empower
County Counsel to use hie beet discretion to work with himself so that
Counsel did mot have to come back to the Board to get authority. This
could mean a court appearance when it was not necessary. Mr. Moran stated
that he would like to present certain material to the Board, but not is
open session. Mr. Moran was told thadt he could present the material to
Caunael and that it would be pre~egee~i3t?° the Board in Executive 5aesioa. .._ .,
August 30, 1977
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77-1711 PUBLIC HEARING: ROBERT A. MARJAMA - APPEAL CONDITIONS OF A SUBDIVISION
MAPi AP 51-31-35, SIX LOT5, EAST OF HEAL ROAD, BETWEEN DUNSTER DRIVE AND
HICKORY WAY AT BAYLES ROAD. PARADISE.
The public hearing on the Robert A. Marjama appeal conditions of
a subdivision map, AP 51-31-35, six Iota, east of Neal Road, between Duneter
Drive and Hickory Way at Bayles Road, Paradise was held at this time.
Clay Castleberry, Public Works Director, set out the background of the
appeal. This is out of the urban area. The applicant would like to
have rolled curbs and gutters instead of vertical.
Hearing open to the public. Appearing: Gordon Shields, represent-
ing Mr. Marjama. Mr. Shields stated that he would like to see the requirement
£or sidewalks deleted as the property is out of the urban area.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded b§ Supervisor Winston
and unanimously carried, the Board will adhere to the Ordinance and remove
the sidewalk requirement for this project.
77-1712 APPROVE $10,000 FOR FIRED A5SETS PORTION OF MANPOWER ADMINISTRATION
BUDGET AND AUTHORIZED BUDGET TRANSFER W
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, $10,000 for fixed assets portion of Manpower
Administration Budget was approved and budget transfer has authorized.
77-1713 ACCEPT WORK OF MODERN BUILDING CQMPANY FOR WELFARE FIRE REPAIRS
AUTHEDBIZED FILING OF NOT CE OF COMPLETION
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the work of Modern Building Company for Welfare
fire ~repaira was accepted; authorized Chairman to sign Notice of Completion
and instructed Clerk to record said Notice of Completion with County Recorder.
77-1714 ADOPT PLANS AND SPECIFICATIONS AND AUTHORIZE CALL FOR BID - REROOFING
MENTAL HEALTH{FOOD STAMP BUILDING AND AGRICULTURAL BUILDING
On motion of Supervisor Winston, seconded~by'5upervisar Moseley
and unanimously carried, the plans and specifications for the reroofing
of the Mental Health/Food Stamp building and the Agricultural building
were adopted and call for bid was authorized.
77-1715 REVIEW BID PROCEDURE, APPROVE PLANS AND SPECIFICATIONS: ISSUE CALL
FOR BID WITH BTD OPENING OCTOBER 14, 1977 IN PURCHASING OFFICE - MENTAL
HEALTH FACILITY.
On motiaa of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the plane and specifications were approved; call
for bids set for October 14, 1977 with call for bide to include the following
changes:
1. Authorization for four copiee of the plans and specifications to go
to the City of Chico for plea check. If City wants to make changes
Chen addendum can be made on•aotice to contractors.
2. Hold bill for additional plans and epeci£icationa for the bidder.
3. The lease is to be modified as follows: taking out control over uses
~ ~o# hhe3buildiag; leaaor•paya $9 per month for every $1000 not received
er:nftam the State Mental Health; the lessor may raise the sent up to an
amount of 107 of the rent, at the end of 10 years;
4. Authorization to purchase 5 additional copiee of the plans and
specifications.
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77-1716 LIBRARIAN FILES ANNUAL REPORT IN ACCORDANCE WITH EDUCATION CODE
SECTION 27262.
="';° The Librarian files her annual report in accordance with Education
Code Section 27262. Information; no action taken.
77-1717 ADOPT'`~RESOLUTTON 77-142: APPROVE PUBLIC LIBRARY SERVICES GRANT
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, Resolution 77-142 approving grant application
for Public Library Services Grant was adopted and Chairman authorized to
sign.
77-1718 RESCIND ACTION ON APPROVAL OF PUBLIC DEFENDER CONTRACT AND CONTINUE
TO_ SEPTEMBER 6. 1977
Digcuasion ]ifatk;e.;PubiiedDe~Eend'ar hodtractehaduat+:this:itime.
Supervisor Winston stated that Supervisor Madigan and himself have talked
to the Judges. -After talking to the ind#viduals involved with the Court
the _;~•~ action should be taken today.
Supervisor Madigan stated that he was concerned with the
lengith and amount of the contract. The Judges said that they had no
interest in that.
The Court by a majority vote of the Superior Ceurt Judges cancel
the contract. The coat for the contract is under budgetary control each
year.
On motion of Supervisor Winston, aeaonded by Supervisor Lemke
the Public Defender's Contract was approved and Che Chairman authorized
to sign; transfer of $12,500 from the reserve wae•authorized.
Roll call on motion:
AYES: Supervisors Lemke, Winston and Chairman Richter
NOES: Supervisors Madigan and Moseley
Contract was carried, transfer was not carried.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and carried, the action to approve the Public Defende$s Contract and transfer
of $12,500 from the reserve was rescinded. AYES: Supervisors Lemke, Madigan,
Ninaton,and Chairman Richter. NOES: Supervisor Moseley.
The matter is continued to September 6, 1977.
77-,~19 APPR_QVE_BUDGET TRANSFERS
'- Oa motLoa o£ S~pervioor iifnston, seconded by Supervisor Lemke
and unanimously sarried,.the following budget transfers were approved:
B-143 Fire Protection - Uoner I{idee Fire Station - Revenue Sharine. Transfers
~b,525'from the plant acquisition control account; with X1,109 going to household
expense; X1,175 to small tools, ~7d3 to special departmental expense, and X3,45$
to fixed asseste. The purpose of this transfer ie to provide an appropriation to
purchase supplies and equipment for the Upper Ridge Fire Station as approved by
the Board nn Tune 21, 3977.
B_ ?95 General fund salaries closeout. This is a ~319,15'7.J2 transfer between
various departments in the general fund covering regular wages, extra help and over-
time. 'Aa part of this transfer there is also $14,756.36 reverting back to the
general fund reserve.
B-196 Grant ro rams closeout. Within the Central Services Regional Communi-
cations Crant transfers 2,635.52 between various accounts; Superior Court legal
research assistant transfers X1,330.26 among variens accounts; Chico Municipal Court-
rage b39 ~...
August 30, 1977
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August 3Di •1977
v a R m s v a a s s s s s .C s s s s s s s s v z v a v- a m v s a s s s s
Work Referral Program transfers X0435.46 between various program accounta; District
Attorney Consumer Protection IIait transfers X6,512.38 between various budgetary
units; ar~d Superintendent of Schools - Juvenile Delinquency Prevention Grant transfers
X2,926 between various accounta. Total amount of transfers within the various grant
progr~tns amount to X13,839.62.
B-1 7 General tend (Other than salaries) closeout. Transfers ~402,64g.87
between various department accounta other than salaries and benefits, with $121,$55.50
reverting to the general fund reserve.
B-19g Accumulative capital outlay. Establishes an appropriation of X10,000.69
from unanticipated interest earned to cover the settlement of the Superior Court
construction.
8-199 Huildina and Subdivisions closeout. Transfers $17,080.53 from various
accounts within Building and Subdivision Fund, together with unanticipated revenues
totaling $45,$63.55, provides for a total transfer of X62,944.06 to cover expendi-
tures'ending June 30, 1977.
B-200 Fire Protection closeout. Transfers ~2,D37.$2 from within various
dapartmenta~. accounts to cover appropriatiens.deficiencies for the year ending
June 30, 1977. •
B-201 Animal Control closeout. Transfers X16,712.16 from within various
accounts within the Animal Control budget, including X6,556.16 from the reserve in
order to cover deficits within the Animal Control fund for the year ending June 30,
1977. ' .
B-202 Fish and Game Clyseaut. Transfers X4,545.61 from various accounts, with
X994.53 from the Fish and Game reserve in order to increase appropriations to cover
deficits from the Fish cad Game Commission for the year ending June 30, 1977.
B-20Q Count Service Area closeouts. Within County Service Arse No. 31 (Biggs
Swimmin Poa transfers X217.12 from within various accounta; County Service Area
No. 40',~Remada Street Lighting) transfers X246.35 from within various accounts;
and County Service Area No. 26 (Thermalito Sewer) establishes an additional
appropriation of X13.50 for bonds and interests from unanticipated revenue on
interest earned.
B-205 Public Works closeout. Trana~era $734,947.05 from within the various
Publi~oiks 6uc~get units and accounts, with X360,713.12 reverting to the road
reserve. '
Br206 Special road and special transportation closeout. Transfers $26,241.41
from wi~irnwarious udget accoun s to cover year end deficits for the year
ending June 30, 1977-
B'r207 Public Works - sneciel transportation. Transfers ffi2,360.63 from the
Bruce Road project to the Pearson Road protect to cover deficits for the year
ending June 30, 1977.
B-208 Welfare Administration c o eau Tie nsfera X121,304.24 from Within the
various Welfare Administration budget accounta to cover deficits for the year
ending Juae 30, 1977.
B-209 Welfare aid and eg neral relief closeout. Transfers $120,043.83 from
AFDC to Aid-to-Children-boarding homes and institutions; and within the general
relief transfers $74,250.70 from within various budget accounts to close budget
accounts for the year ending June 30, 1977. Total amcunt of transfer is X194,294.53.
B-210 L_ibrars closeout. Transfers X21,551.67 from within the various Library
-~ accounts in order to cover deficits for the gear anding_June 30, 1977, ~...„`~_, , V •
~^' " ~. Page 440 ~ r
August 3D, i977 "'^•~
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August 30~ 1977
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B-2Z1 1j,~'~ processtno closeout, Transfers $13,170.87 from within various
Data Processing budget accounts to cover deficits for the year ending June 30, 1977.
8-212 Air Pollution closeout. Transfers $210.$7 from professional and
specialized services, with $209.57 going to utilities and $1.03 going to special
departmental expense in order to provide year end closing ending June 30, 1977.
8-213 Supplemental h?anpower proEra•~s. Establishes a $6,759.83 appropriation
for the vocational education program through Juns 30, 1977 with funding coming from
unanticipated federal manpower monies. .
B-21 Clearing accounts closeout. From within the Data Processing clearing
account 62,239.35 and from within the unallocated services account transfers
$109,$37.18, for a totsl of $172, 076.53 going to the reserve for contingencies.
77-1720 APPROVE HCD REFIABILITATION TRANSFER OF REMAINDER OF FISCAL YEAR
1976=~_AUTHORIZE ADMINISTRATIVE OFFICER TO EXECUTE DEMOLITION CONTRACT
Oa motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the following Housing and Community Development
items were approved:
1. Approved transfer of remainder of fiscal year 1976-77
rehabilitation funds to acquisition and demolition account.
2. Authorized Adminiatxative Officer to execute demolition
contract net to exceed $2,375 for demolitiaa and clearance of six cabins
located at 2311 D Street.
77-1721 ADOPTION O_F TAX RATE RESOLUTION CONTINUED TO LATER IN MEETING
xhe.nad6ption btrthestex rate reealution was continued to
later in the meeting.
77-1722 APPROVE SUBDIVISION i~tAPS
Oa motion of Supervisor Moseley, seconded by Supervisor Lemke
and unanimously carried, the offers•of d~diehtfon were accepted, the
subdivision agreements were approved; and the following subdivision
maps were approved and the Chairman authorized to sign:
1. Kelly Ridge Unit 48
2. Village Oaks Uait 2
77-1723 APPROVE PUBLIC WORKS ITEMS
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, the following public works items were approved:
1. Approve agreements fax sale, authorized Chairman to sign
and authorized Auditor to issue warrants upon demand of County's escrow
agent on the following:
Forbeatawp Road L. V. Arnold 0,101 $ 600 $ 600
27581-76-1
Lower Honcut Road J. Hughes, et al 1.134 $1,111 $1,111
04452-75-1
2. Waivad~st'cdndereadi$~Oof ordinance repealing Ordinance 1770
and amending Chapter•~0 of the Butte County Code relating to regulations
of subdivision of Iand; adopted Ordinance I8b0 and authorized Chairman~to
sign.
Page 441
August 3D, i977
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August 30, 1977
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77-I724~ABOPT RESOLUTION 77-143:~CEPTING IN FULL 1977-78 FISCAL YEAR
~APPOE~1'IONiiENT TO COUNTY OF FEDERAL-AID SECONDARY AND STATE HIGHWAY
MATCHING FINDS - APPROVE SKYWAY A5 COUNTY'S FAS PROJECT FOR NERT FIVE
YEARS
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, Resolution 77-143 accepting in foil 1977-7$ fiscal
year apportionment to County of Federal-Aid Secondary sad State Highway
matching funds was adopted and the Chairman authorized to sign; Skyway
was approved as.~ the County's FAS project for the next five years.
77-1725 AWARD BiD
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, the following bide were awarded and the Auditor
was authorized to bring back fund transfers:
I. Lime treatment of various County Road,- Project No. LT'77-1
wae~awarded to C. C. Myers, Inc., Sacramento.
2. Skyway Bridge across Butte Creek - Project No. 51261-7b-2
was awarded to Butte Creek Rock Company.
77-1726 AL*fHORIZE MEETING WITH DIVISION OF TRANSPORTATION MANAGER TO
DISCUSS STATE HIGkiWAY REVEN[TES AND EXPENDITURES IN BUTTE COUNTY AND
AFTER THAT MEETING AUTEiORIZE MEETING WITH 6ENATOR JORNSON,
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, Public Works Director and one member of the Board
weeecauthorized to meeti with Division of Transportation Manager Ron
Trometory and after that meeting were authorized to meet with Senator
Ray Johnson re: State Highway revenues and expenditures in Butte County.
77-1 2 SET PUBLIC HEARING DATES:
The following public hearing dates wexe sat:
1. Franklin C. Brazell - negative declaration and rezone from
"Interim SR-1" (suburban residentialrone acre parcels) to "R-2" (duplex
residential) property located on the south aide of Renshaw Ave., 300 feet
east of Cussick Ave., identified as AP 42-07-152, Chico. Set for hearing
September 20, 1977 at 10:30 a.m.
2. Omer Peters, etal - negative declaration and rezone from
"TM-10" (timber mountain-10 acre parcels) to "RT-1" (single family reaiden-
tiel-mobile home) and "R-C" (roeource conservation) property located
approx. 150 feet east of Carnegie Road and approx. 150 feet south of
Colter Drive, identified as AP 64-31-3, 4, 5 & 6, Magalia. Set for
hearing September 20, 1977 at 10:45 a.m.
3. William R. Leonard - negative declaration and rezone from
"A-5" (agricultural-5 acre parcels) to "C-1" (light commercial) property
located on the south aide of Durham Highway, ap rox. 1,000 feet east of
Midway, identified as AP 40-20-63, Durham. Se~or,rhearing September 20,
1977 at 11:00 a.m.
77-1 2$ APPROVE PERMITS
On motion of Supervisor Winetan, seconded by Supervisor Moseley
and unanimously carried, the following permits were approved:
1. Concow Transfer Station for use by the Golden Feather
Volunteer Fire Company as a fire station site.
2. Berry Creek Transfer Station lEor use by the Berry Creek
Property Owner's Asaocation.
Page 442
August 30, 1977 ~-
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August 30, 1977
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77-1729GAPPOINTMENTS CONTINUED TO SEPTEMBER 6. 1977
The following appointments were continued to September 6, 1977:
1. Appointments to Surface Mining Aggregate Operations Committee.
2. Appointments to Chico-Butte County Chapmantowa Housing and
Community Development Advisory Committee.
3. Appointment to Committee on Community Development Account.
77-1730 APPOINTMENT TO_SENIOR CITIZENS ADVISORY COUNCIL
On motion of Supervisor Moseley, seconded by Supervisor 'Lemke
and unanimously carried, Harriet Harper, Palermo was appointment member
Senior Citizens Advisory Council.
77-1731 DISCUSSION: JOINT POWERS AGRm ~; GROUND WATER PROBLEM
The discussion of the Joint Powers Agreement regarding Grovad
Water problems was held at this time.
The Administrative Officer is to contact the counties and present
them with the proposal and arrange a meeting.
Thin proposal should be presented to the Nine Northern Counties
meeting on the 10th.
Chairman Richter will attend the meeting with Don Blake on the
10th in Fresno.
77-1732 REVIEW OF POLICY AND PROCEDURE MANUAL
Oa motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, the Policy and Procedure Manual Section 1.15 and
1.18 inclusive with the exception of paragraph D, deletion of the last
sentence, was approved as submitted.
77-1733 ADOPT RESOLUT@ON 77-144: .APPROPRIATING REMAINING $1,189,585 -
ADMINISTRATTON BUILDING GRANT
On motion of Supexvisor Winston, seconded by Supervisor Lemke
and unanimously carried, Resolution 77-144 appropriating the remaining
$1,189,585 for the Administration Building Grant was adopted and the
Chairman authorized to sign.
77-1.734 ADDITIONAL MATTERS PRESENTED BOARD MEMBERS
Supervisor Lemke stated that he would Like a resolution prepared
for CSAC on the Homemakers Program urging State assistance for a County
relief program.
Supervisor Moseley stated that ~ - the Board should be thinking
about the theme for the State Fair exhibits for next year.
Mr. Nickelson to be present next week to discuss the Fair pro3ect
for next year.
Supervisor Moseley stated that Dr. Hazeltine would like to have
the proposed ordinance placed on the bulletins: board. Clerk to place
proposed ordinances on the bulletin Board.
EKECUTIVE SESSION: Tha Board recessed at 12:20 p.m. to hold an executive
session regarding litigation.
RECONVENE: The Board reconvened at 12:35 p.m, following as executive session.
Counsel was instructed how to proceed in the Holcomb matter.
RECESS: 12:37 p.m.
RECONVENE: 3:30°p.m.
Page 443.
• August 3O, 1977
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August 30, 1977
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SUPERVISOR RICHTER AB5ENT, VICE-CHAIRMAN WINSTON PRESIDING.
77-1735 ADOPT RESDLUTION_77-145: ESTABLISHING 1977-78 TAX RATE
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and carried, Resolution 77-I45 wss adopted establishing the 1977-78 tax
rate and the Chairman authorized to sign. ABSENT: Supervisor Richter.
ADJOURNDSF'NT
There being nothing further before the Board at this t1me, the
meeting was adjourned at 3:35 p.m, to rec~oavene on Tuesdaq, September 6,
1977 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK
BY7 ~-"`~'"`~ ~ «-~- Chairman, Board of Supervisors
Board of Supervisors Clerk
Page 444.
August 30, 1977 ~~