HomeMy WebLinkAboutM091476,~ ~+. _ .
Septembez 14, 1976
STATE OF CALIFORNIA )
SS.
COUNTX OF BUTTE )
The Board of Supervisors met at 9:00 a.m, pursuant to adjournment.
Present: Supervisors Ladd, Madigan, McKillop, Richter and Chairman Cameron.
Clif Nickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark A.
Nelson, County Clerk, by Margie Catt, Clerk of the Board of Supervisors.
~_
Pledge of allegiance to the Flag of the United States of America.
76-I' 3 APPROVAL OF MINDTES
On motion of Supervisor McKillop, seconded by Supervisor Ladd and
unanimously carried, the minutes of August 31 and September 2, 1976 were approved as
mailed.
76-I 24 COl!R•1UNICATION5
Gerald N. de Roco, Oroville, Mr. de Row withdraws his appeal of use permit conditions
// .~d for an off-road vehicle recreation park in Qroville. To be considered at time
of hearing this .rifprming.
Terry L. Gustafson, Chico. Mr, Gustafson files an appeal of the Planning Commission's
requirement that an environmental impact report is required for property located
1 / ~,~ ~ on the east side of Norseman Avenue, north of Lassen Avenue in Chico.
Set for hearing on October 12, 1976 at 2:00 p.m.
Richard C. Smith, et al, Chico. A petition containing 23 signatures appeals the Planning
Commission's approval of a use permit which would allow a commercial dog
~ 3,0 v kennel on the northeast side of Highway 32 and Kennedy Avenue, AP 42-09-40, in
Chico. Set for hearing on October 12,-1976 at 2;00 p.m.
John D. Drake, Chico. Mr. Drake appeals condition X20 concerning tennis courts
~ 3 G ~- with regard to the tentative Northwood Commons subdivision map. Hold until
later in the meeting.
Butte County Housing Authority. The Authority writes requesting assistance from
7 1 Z ,p O revenue sharing funds and CETA personnel. Discussed; Administrative Officer
to answer setting out the Board's views in the matter,
Forest Landowners of California, The Association writes regarding the new timber preserve
r l ~ OZ zone and yield tax system. AI Anderson, Assessor, explained the communication.
Felt these should be handled in the same way as those properties under Williamson Act,
Butte County Employees Association. The Association writes concerning the decision
O=j ¢~ to reduce the zoning investigator position to half time, Referred to Administrative
Officer, Personnel and County Counsel.
Butte County Employees Association. The Association requests negotiations regarding
f d ~ ~ ~ ~ areas of caseload requirements for eligibility workers, Referred to Administrative
Officer, Personnel and County Counsel.
City of Chico. Mayor Stewart asks that the City and County again commence discussions
~G d, ~{~ regarding the establishment of a Chico Area Planning Commission. Discussed;
no action taken.
Richvale Recreation and Park District. The District requests that Danald Rystrom and
/ UO . S ~f LeRoy Thengvall be reappointed as directors to the District for a new four
year term, as they are the only persons who filed for the two upcoming vacancies.
See motion following communications,
Summons and Complaint. Butte County Employees Association and Robert Ferguson vs Butte
j OO.Z 7 County Board of Supervisors, et al. Referred to County Counsel.
Economic Development Administration. Guidelines for Loca! Public Works Development
Program. To be discussed later by Bob Nicholson, Economic Dev. DirF^tor,
Dan J. Cook, Civil Engineer, representing Knudsen. Appeal reject iori b y ' _ ~ : ;
Planning of use permit request for relocation of Knudsen organic fruit juice
processing facilities. ..Set for hearing on October 19, 1976 at 1:30 p.m.
Page 155. Septembez 14, 1976
r''`,
September 14, 1976
s m s m s m m m s m c a r+ m s m a s s s a s ee s m s c s s a s: s s a a s s
Congressman Harold {Bizz) bhnson . Issuance by Economic Development Administration
of the official forms which must be issued in submitting applications under the
Local Public Works Employment Act. Discussed; no action taken.
525 APPROVE REAPPOINTMENT OF DIRECTORS TO RICHVALE.RECREATION~_P}~BIC._t7J:
On motion of Supervisor Madigan, secon ed y Supervisor La an unanimous
carried, Donald Rystrom and LeRoy Thengvall were reappointed os directors of the Richvale
Recreation and Park District, for a new four year term.
526 DISCUSSION: INTERSECTION OF CHICO CREEK AND SACRAMENTO AVENUE, CHICO
Supervisor Ric ter stated a ad contacts t e State Division of His ways,
Marysvi Ile, regarding an unbearable situation between Chico Greek and Sacramento Avenue
intersection. There has been many discussions about this problem. People have been
writing numerous letters requesting that the intersection be fixed to make it safe.
Supervisor Richter stated he was bringing this up at this time because it is a critical situation.
He hoped that the Board would hold a hearing in Chico to,get a response in the matter.
The State Highway people should be requested to appear at the hearing as it is a State
highway. He stated that if something is not done about improving tha intersection, people
will be killed as a result of the intersection.
Clay Castleberry, Director of Public Works, reported on the matter.
He stated that some interim work has been scheduled for this intersection. He suggested
that maybe the Board could address themselves b the Chico City Counsel and explain
the problems involved. This should be a joint effort with the City of Chico.
Suggested that the matter be placed on the agenda for the next BCAG meeting.
Work should be started to determine which side of the street should be widened.
County Administrative Officer will write a letter to the City of Ghica and
set up a meeting to discuss the Situation.
527 DISCUSSION: LETTER OF INTENT TO NEGOTIATE WITH P.G.B~ E. FOR SALE OF WATER
Dan B ackstack, County Counsel, reported on the sole of County water to P.G. & E.
for a proposed fossil fuel electricity generating plant. Mr. Blackstock stated that a letter
has been prepared for the Chairman's signature stating that the County would be interested
in negotiating for the sale of water to P.G. & E. Mr. Blackstock stated that it would be
two or three years before they would go to contract for the sale of the water.
Proposed letter and sale of water discussed.
On motion of Supervisor Madigan, seconded by Supervisor McKillop and
unanimously carried, the Chairman was authorized to sign the #etter of intent to P.G. & E.
for sale of water from Lake Oroville.
CLASS OF MR. DRESSER'S CIVIC CLASS, CO NCOW SCHOOL, RECOGNIZED AND
WELCOMED TO THE MEETING
528 REPORT OF ECONOMIC DEVELOPMENT DIRECTOR: GUIDELINES FOR LOCAL-PUBLEC
WORKS DEVELOPMENT PROGRAM
Bo is o son, Economic Development Director,reported on the status of the
guidelines for the Local Public Works Development Program. He reported that the State
clearing house has been contacted. The Board might be interested in knowing where the
County stands in this matter, the County stands of the top of the heap percentage write.
tvlr. Nicholson reported that most of the Districts in the County are going to
Page 156
September 14, 1976
~ ~^
September 14, 1976
m a a s a r r c m a c r m r r m a: a r a m v m a r a c a a¢ m m m a a¢¢
file under this grant.
Program discussed. Mr. rNicholson explained how the applications would
be handled.
No action taken.
RECESS: 9:55 The Board recessed to hold an executive session.
RECONVENED: 10:20 fallowing an executive session.
1529 REPORT ON EXECUTIVE SESSION
Dan B ac stoc ,County Counsel, reported that during the hearing yresterday,
it was agreed that the County would not approve any tentative maps until October 5, 1976,
at which time the formal hearing on the State's injunction will be held. It was also
agreed that there would be no permanent zoning adopted until after that date. The
County is under no restraints regarding building permits. It was agreed that there would
be no hdis~cl'etjonary building permits approved within the Bertram area. The trial date
for the hearing has been set for November 23, 1976.
1530 MODIFICATION OF VOCATIONAL EDUCATION GRANT: MANPOWER DIRECTOR TO SIGN
is oval a e r expen furs prior to cem r , ~ reports
Mr. Rackerby. Funding available from previous GETA vocational education projects are to
be obligated by September 30, 1976. Used as an augmentation to the existing clerical
project, these funds could keep the project going until December 31, 1976 and allow the
funding cushion necessary to avoid closing down project between cash advances from the
state. Background of the matter set out by Mr. Rackerby.
On motion of Supervisor McKillop, seconded by Supervisor Richter and
unanimously carried, Manpower Director was autla rized to sign the modification of
Vocational Education Grant.
153E WAIVE FIRST READICNG OF RETIREMENT CONTRACT AMENDMENTORDINANCE
An ar mance as en prepare to imp ement t e Ina step in amen ing t
County`s retirement contract to provide a 15% cost-of-living increase for employees retired
prior to July I, 1971.
On motion of SuparvisorMcKillop, seconded by Supervisor Richter and
unanimously carried, the first reading of the retirement contract amendment ordinance
was waived.
1632 ACTION ON SUBDIVISION ORDINANCE PUT OVER ONE WEEK
Dan B ac stoc ,County Counse ,state t at t e first rea ing of the subdivision
ordinance had been waived a# the last Board meeting. His office has Found nine clerical
errors. The ordinance should be ready for adoption, wi#h the corrections of the errors,
by next week.
Action on said ordinance put over to Tuesday, September 21, 1976.
1533 AWARD OF B1D-MONITOR-RECEIVERS
Bi s eve en receive oreig t pocket pagers and 77 alert/monitor receivers
for the Fire Department volunteer program. Low bidders for the equipment were Motorola
C & E, $2,533.82; and L. N. Curtis Co., $3,243.60 and $14,193.40, respectively.
On motion of Supervisor Richter, seconded by Supervisor McKillop and
Page 157. September 14, 1976
~"'
September 14, 1976
a m m v v a a a a m® m v m a a a a v v r .e s v: s s S m s o m a a a w a
imously carried, bids were awarded as Follows for the eight pocket pagers and 77
Monitor receivers:
Item 1 - 1Vbtorola C & E _ $ 2,533.82
Item 2 - L. N. Curtis Co. 3,243.60
Item 3 - L. N. Curtis Co, 14,193.40
74-I ADOPT REROOFING OF COUNTY BUILDINGS PLANS AND SPECIFICATIONS
current udget tnc udes , for reroo ing t e Superintendent o Schools/Data Process•
in Building and the Print Shop and old boiler room at the Del Oro Avenue complex. Pions and
specifications have been developed by Public Works and are the same as oil reroofing projects during the
pasf two years.
On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously
reroofing of county buildings plans and specifications were adopted.
53~ FISH 8. GAME AGREEMENT; PUT OVERONE WEEK
~ An agreement has en prepared wit t e Bidwell Wildlife Rehabilitation Censer
in the amount of $750 for construction, supplies, medicine, publicity, miscellaneous expanses
and food for the birds and animals. Agreement discussed. Part over one week for further
~xp,lanation .
1536 APPROVE INCREASE PLACEMENT RATE: SACRAMENTO COUNTY GIRLS SCHOOL
acramento County as sent rnot aaahon t at t e mont y rate r p acement +n t
Girls School has increased to $750.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, placementswt the SacrarnenM County Girls School was authorized
at the increased rate.
1537 AUTHORIZE WORK STUDY MILEAGE REIMBURSEMENT FOR PROBATION AIDE
T Pro ation O icer requests ve is a mi cage aut orization for a Butte College
student working as a probation aide.
On motion of Supervisor Richter, seconded by Supervisor McKillop and
unanimously carried, mileage reimbursement for probation aide was authorized.
1538 CLARIFICATION OF CONFLICT OF INTEREST CODE FILING REQUIREMENTS
PUT OVER ONE WEEK
C ari icatron is in order for the conflict of interest codes relating to all cemetery
districts, as well as needed adoption of conflict of interest codes for the Bangor Union
School District, Building Code Board of Appeals, EI Medio Fire District, Butte CountyFair
Board, and most of the water, drainage and irrigation districts.
Action put over one week.
1539 APPROVE BUDGET TRANSFER 76-I, BUTTE COUNTY FAIR
On motion o Supervisor Ric ter, secon e y pervisor Lodd and
anon imously carried, Budget Transfer 7b-I, Butte County Fair, was authorized in the
amount of $5,867.27 from the unbudgeted reserve, and the Chairman was authorized
fo sign.
1540 PUBLIC HEARING: GERALD N. deROCO-APIE AL OF CONDITIO NS OF APPROVAL
FOR USE PERMIT TO ALLOW AN OFF-ROAD VEHICLE RECREATION PARK, OROVILLE
The public hearing on Y geappe8 of Gera d N. de Roco of conditions of
I5 geptember 1~+, 1976
~'' _ r'``
September 14, 1976
s s m m e s a a a a s s e+ c m m s Q a e m m ~e s a a m s m m r m`m s¢ a m m
approval for a use permit to allow an off-road vehicle recreation park, including public
raceway, located on the north side of Oro Dam Blvd., West, west of Larkin Road, Oroville,
and consideration of environmental impact report was held at this time. A letter from
Mr. deWoco withdrawing his appeal was presented and discussed. It was stated that the
Planning Commission's minutes were unclear on their intent. They have now clarified their
minutes.
Hearing opened to the public. Appearing; no one.
Hearing closed to the public and confined fo the Board.
On motion of Supervisor McKiilop, seconded by Supervisor Ladd and
unanimously carried, the appeal of conditions of approval for a use permit for Gerald N.
deRoco was denied without prejudice and use permit •~was approved•with~eonditions approved by
Planning Commission.
RECESS: The Board recessed at 10:35 for an executive session to interview Agricultural
Commissioner candidates.
RECEONVENED: The Board reconvened at 11:40 following an executive session.
76-I
541 APPROVE APPOINTMEN70F AGRICULTURALCOMMISSIONER
C airman Cameron reported t pt t Board a interviewed three candidates
For the position of Agricultural Commissioner; they were all good candidates.
On motion of Supervisor Ladd, seconded by Supervisor McKillop and
unanimously carried, Jae Bandy was appointed as Agricultural Commissioner, at the 2nd
step of the salary range, said appointment to be effective October I, 1976.
542 CLASS FROM CONCOW GIVEN OPPORTUNITY TO ASK QUESTIQJS OF BOARD
C airman ameron state t at t mem rs o f Crvie C ass o f Concow
School could now take time to ask questions of the Board members. He explained the
matter of the executive sess€ons that hove been held this morning.
A spokesman for the group asked numerous questions of the Board members
concerning items that were reviewed and acted upon this morning.
543 PUBLIC HEARING: PAUL O'HARA-PETITION FOR VARIANCE TO PROVISIONS OF
fSECTiONS 19-IOand/or 19-12 OF COUNTY CODE FOR PLACEMENT_GiF MOBILE HOME
T pu is aring on t Pau O Hara petition far variance to provisions of Sections
19-10 and/or ?9-12 of the Butte CountyCode for the placement of a mobile home at 1942 Baldwin
Avenue, Palermo was held as advertised. Howard Toussaint present and explained the background
of the petition, stating that the health Department has no objections to the approval of the
petition .
Hearing opened to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor McKillop, seconded by Supervisor Richter and
unanimously carried, variance to provisions of Sections 19-10 and/or 19-12 of the Butte County
Code for the placement of a mobile home at 1942 Baldwin Avenue, Palermo approved for
Paul O'Hara, for a period of one year.
544 APPEARANCE OF DISTRICT ATTORNEY: LAND FRAUD INVESTIGATION UNIT
ADOPT RESOLUTION 76-156 , _ _
Kenneth Leach, District Attorney, stated that he has been cdv"ised-that the transfer
Page 159. September 14, 1976
~, T:
September 14, 1976
a m m a a a a m m m a a m m m m a m m m m a m m m a a: m m m m m m m m a a
of funds from the Task Force (tdarcatic} had been approved by OCJP. The County has
15 months in which to operate the Land Fraud Unit. , It appears that they will need funds
if they are going to go ahead with the program. Funds will :be ~rieeded to~operate°~p' nding the
award of the Federal funds. People are going to have be recruited and a salary ordinance
will have to be prepared and adopted.
Mr. Leach stated that they were most anxious to start the project. He said
they would like to have the pleasure of the Board on this matter. $15,000 would take
care of the project until the amendment could be completed. The County would be
reimbursed for the funds loaned to the program.
Program explained by Mr. Leach. They have received assurance from the
State that they are in favor of~this program; it will be treated favorably by the Executive
Director.
Total of the Grant $121,084
Federal allocation 1(4,608
State allocation 6,367.
County share 8,109.
Grant diswssed.
On motion of Supervisor Madigan, seconded by Supervisor Richter and
carried, revised filing of application to CCCJ in the amount of $36,000 was approved,
Resolution 76-156 adopted and the Chairman authorized to sign.
AYES: Supervisors Madigan, McKillop, Richter and Chairman Cameron
ABSTAINING: Supervisor Ladd.
545 DISCUSSION: REQUIREMENTS FOR RIGHT-OF~WAY FOR EL MONTE AVENUE
BRIDGE OVER DEAD HORSE SLOUGH
C ay Caste rry, Director of Public Works, reported on the right-of-way requirements
for the EI Monte bridge over bead Horse Slough. This project was approved in the budget.
Mr. Castleberry explained the exchange of property needed along E1 Nbnte. There is a
difference of opinion with Dr. Evers. This project is needed, he stated.
Gary Azavedo, Public Works, spoke on the amount of property to be
acquired. About two-thirds of an acre is needed from Dr. Evers. Mr. Azavedo stated
that they are prepared to make a written offer to purchase Dr. Evers property, which has
a calculated value of $6,500. He explained how they had arrived at the amount to be
offered to Dr. Evers.
Dr. Evers was present and presented copies of the parcel map to the hoard
members, He stated that the water that comes doom the ditch is the No. I problem.
Dr. Evers showed a colored picture of the area and problems involved to the Board members.
prainage in the area discussed. Dr. Evers said he did not think the present channel proposed
is adequate. It was stated that the proposed channel is based on run roff of water.
Dams on the Graham property explained. Dr. Evers felt there should be a study
made of the future runroff. He does not believe that the canal proposed is sufficient
to hold the water in the future.
Dr. Evers said the other problem involved is the ditch that runs in fronf
of the clinic. The ditch also flows into Dead Horse Slouch. Pipes under Highway 32,
he feels, are inadequate.
Page 160
September 14, 1976
~.'' ~"'~
September I4, 1976
m a r m s a a ~s n a a r a m r a s s s a s s s r m n e n a s s a m s n s s a
Dr. Evers said there was also a difference in opinion in the value of the property.
Value of property discussed.
Discussion of Phis matter continued to Tuesday, September 21, 1976.
1546 APPEARANCE: RON GRAVES FOR DlXON HARD CHROME MAP
Won Graves, representing t owner o t Dixon Har Chrome tentative
parcel map, stated that the map had been denied by the Board of Supervisors. The Planning
Commission and Planning Department hod approved the map, Because the map had been
approved by Planning, he did not think he had to be present at the Board of Supervisors
meeting. There are I60 acres in this parcel. Mr. Dixon is requesting that he be allowed to sell
off the house and property on which the hause is located. Five acres could go with the
house .
Mr. Graves requested that the Board reconsider their action and allow Mr. Dixon
to divide this property.
Chairman Cameron stated that the Board is obligated up to October 5th to not
fake any action on tentative maps. Reconsideration of this map to be placed back on
the October 5th agenda.
1547 APPEARANCE: JAMES HANSON
ames anson, rov: e, objected to the Board starting a new project,
the Land Fraud 1`Init. He requested that the Board think about the action that has
been taken in this matter.
(547 APPEARANCE: MR. MELF, PARADISE, REQUEST TO CROSS ONE FOOT STRIP
AT END OF VALLEY VIEW DRIVE
r. , ar ise, requested permission to cross a one foot strip of land
at the end of Valley View Drive . He has a three acre parcel of property and requests
permission to cross this strip of land to use Valley View Drive to have access to his
property.
It was felt that County Counsel should determine if this man has an access
to the property. Additional access has been provided to Valley View Drive. Chairman
Cameron stated that the Board could not make a decision today as the Board should
know more about the area and request before the Board.
Chairman Cameron requested that County Counsel study the matter and
report beak to the Board on whether this man has a right to cross over the one foot strip.
To be placed back on the agenda for Tuesday, September 21, 1976.
1548 APPEARANCE: STEVE JENKINS-PARCEL MAP
Steve Jen ins state tat ast wee a parcel map he had submitted had been
denied because it was designated orchard land. He explained that he had tried to
plant the parcel with orchard and it was not feasible. He requested that the map be
reconsidered. The property is so smolt that it would not be feasible For orchard crops.
Chairman Cameron explained the law to Mr. Jenkins. The law states that the
County can not issue a parcel map approval if tt dces not comply with the General Plan.
Mr. Jenkins was granted permission fo appear on October 5th to
justify his request for approval of the parcel map.
RECESS: I A5
Page 161
September 14, 1976
~~
~~ r"!
September 14, 1976
a o c c c a a a a a a c c c c c c e a: a c .. a c a: s m c c c c c s a; s a c s
RECONVENED: I :30
549 CONTINUATION OF HEARING: RODNEY WORTHINGTON-APPEAL OF SUBDIVISION
COMMITTEE'S DETERMINATION TO FILE NOTICES OF VIOLATION OFJ PROPERTY LOCATED
ON WEST SIDE OF MAXWELL DRIVE, PARADISE
T continuation oft aring o t Rodney Worthington appeal of
Subdivision Committee's determination to file notices of violation on property located on the
west side of Maxwell Drive, south of Greenwood Drive, Paradise, was held at this time.
Property identified as AP 53-03-40, 41 & 42. Bettye Blair, Planning Department, set out the
background of the appeal. Mr. Worthington has not yet filed his Final map. The Board
hod comtinued the hearing on this matter to give him a chance to file his final map.
Hearing opened to the public.
Appearing: Rodney Worthington, applicant, who staled that he and the
other property owner was trying to work this matter out. They have put in curbs and gutters.
Mr. Worthington requested a continuance in this matter.
Hearing continued to Tuesday, November 9, 197b at 2:00 p.m.
1550 ADOPT RESOLUTION 76-159 CONCERNING ABILITY TO AWARD CONTRACT FOR
BAGGETT-MARYSVILLE ROAD RELOCATION PROJECT
C ay Caste rry, Director o Pu is Wor s, stated that a resolution is
necessary stating that all matters prerequisite to the awarding of the construction
contract can be accomplished within one year after allocation of funds by CAL TR ANS
and sufficient local funds will be mode available as the work of the project progresses.
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
unanimously carried, Resolution 7b-157 concerning ability to award contract for Baggett-
Marysville Road relocation project was adopted and the Chairman authorized to sign.
1551 AUTHORIZE ESTABLISHMENTOF WORK ORDER-COUTOLE NC ROAD:~,r:Jr~
WAIVE FIRST READING OF ORDINANCE ESTABLISHING SPEED LIMTFHUMBOLD'' ROAD
On motion o Supervisor McKi op, secon ed y Supervisor Ric ter an
unanimously carried, the following action was taken:
I. Authorized establishment of work order for Goutolenc Read, authorized
Purchasing Agent to cal[ for bids for furnishing, hauling and placing base rock; and
authorized clearing, minor grading, culvert installation and chip sealing by county crews.
2. Waived first reading of ordinance establishing speed limit of 35 miles per
hour on Humboldt [mad in Butte Meadows.
-1552 PUBLIC WORKS DIRECTOR TO BRING BACK AGREEMENT OF SALE: APP,itOVED
PLANS AND SPECIFICATIONS, ETC. EL MONTE AVEi~JUE BRIDGE AT DEAD HORSE SLOUGH
AND RECONSTRUCTIONOF EL MONTE AVENUE ETC.
P ens and specifications ove en comp eted for the EI Monte Avenue bridge at
Dead Horse Slough and reconstruction of EI Monte Avenue from State Highway 32 to
East 8th Street, Project X552556-76-I.
Clay Castlebercy, Director of Public Works, stated that Dr. Evers has made
a counter-proposal to the County. It would be within the Board's jurisdiction to go along
with the offer. The County had offered X6,500 per acre; Dr. Evers feels he should receive
approximate $10,000, and that the County go to a forge pipe under the roadway of
30 "' to 36'" Page 162
September 14, 1976
~'^: ~`
September 14, 1976
= o a s s m a m n: a a a a a a s s m a s n m a: a s a m a n a a m m a y s
If the County should accept this compromise settlement, it would allow the County
to build this year. Supervisor McKillop felt the County would be better off to compromise.
It was suggested that Mr. Castleberry be authorized to bring back an agreement
of sale based on an estimate of .30 per sq. foot and that tine plans and specifications be approved.
On motion of Supervisor Madigan, seconded by Supervisor Richter and carried,
Public Worlcs Director was authorized to compromise in this matter and bring back an
agreement of sale with Dr. Every based on an estimate of .30 per sq. foot; approve the plans and
specifications; authorize Chairman and Director of public Works ro sign plans; adopt wage
scale, and set bid opening at 11:00 a.m., Department of Public Works Office, October 7, 1976.
AYES: Supervisors Madigan, McKillop, Richter and ~ •L•add •~ Cn-:: rc•„
NOES: Supervisor Cameron.
1553 APPROVE PUBLIC WORKS ITEMS
On motion o Supervisor Ladd, seconded by Supervisor McKillop and
unanimously carried, the following action was taken:
I. Accepted the work of Butte Creek lmck Company for the reconstruction of
Clork Road from 350 feet north of Pemrson Road to 350 feet north of Elliott Road and from
500 feet south of Bille Read ro 500 feet north of Bille Road and traffic signal installations
at the intersections of Clark Road at Elliott Road, Clark Road at Bille Road and Skyway
at Bille Road in Paradise, authorized the Chairman ro sign the Notice of Completion and
instructed the Clerk to record said notice of completion with the County Recorder.
2. Authorized Purchasing to obtain bids for materials and installation
of pavement markers.
3. Authorized county crews to proceed with widening existing Lower Honeut
Read bridge .
1554 ADOPTED RESOLUTION 764.58 REQUESTING CALIFORNIA DEPARTMENT OF
TRANSPORTATION TO PERFORM ENGINEERING SERVICES PORTABLE MOUNTAIN
BOULEVARD BRIDGE ACROSS FEATHER RIVER
n motion o Supervisor eKi op, seconded by Supervisor Richter and
unanimously carried, Resolution 76-158 requesting California Department of Transportation
to perform engineering services for Table Mountain Boulevard Bridge across Feather
River was adopted and the Chairman authorized ro sign.
1555 SUNLAND ACRES UNIT ~I, 17 LOTS, WEST OF HICKORY STREET, PARADISE
PUT OVER TO O'IC:TOBER5, 1976
e Sun an ores net f`I, 17 lots, west of Hickory Street, Paradise
was put over to October 5, 1976 for action.
1556 APPROVE AGREEMENT FOR SALE, BAGGETT-MARYSVILLE ROAD 8 ACCEPTED
DEED: ADOPTED RESOLUTION 76-159ABANDONME NT-PORTION OF BIG BEND ROAD
~n mot:an o Superv sor La , secon e y Supervisor igan an
unanimously carried, the following action was taken:
I . Approved agreement for sale, authorized Chairman to sign and authorized
Auditor to issue warrant upon demand of County's escrow agenf on following:
Acres Price im r. Total
Baggett-Marysville Rd. Miller, etal ~.7~ - ~ ~a0
Page 163
September 14, 1976
~ f"".
September 14, 1976
e .x ~ n m m w e m w m w w p e w m s w r m n m s w e w w m e: a w c e .e m m
2. Accepted deed for Parcel 1, grantor Miileretal, for Baggett-Marysville
Read and authorized Chairman to sign the certificate of acceptance.
3. Adopted Resolution 76-159 For summary abandonment For a portion of
Big Bend Rand and authorized Chairman to sign.
557 APPROVE PURCHASE OF SPRINKLPR SUPPLIES: PARADISE LIBRARY LANDSCAPE
Pu is Wor s requests nds to uy sprin er supp ies #o augment andscaping by
Paradise Garden Club. Estimd•ed cost $1,463 for materials only. Public Works staff will
install the sprinkling system.
On motion of Supervisor McKillop, seconded by Supervisor Richter and
unanimously carried, purchase of sprinkler supplies to augment landscaping by Paradise
Garden CEub was approved and Administrative Officer and Auditor to decide which fund
from which ro transfer funds in the estimated amount of $1,463.
1558 gPPROVE JUVENILE HALL CCO ~`5 AND TIME EXTENSIONS
C ange r er consists o costa anon o outsi a spea er at entrance to
Receiving, electrical outlet for County's dryer, cell light security covers, downspout climbing
guard, window openings existing building, doorbell and two buzzers at entrance to
Receiving, fire alarm system as required by State pire.Marshal, public lavatories in existing
building to meet access requirements for handicapped, time dock for control of parking
lot and night lights needed as a security measure, two pressure reducing valves caused
by water pressure fluctuation becoming higher than anticipated, and extension of contract time.
The extension of time for all change orders up to and including this change order is 139 days
For new approved completion date of October 2, 1976. Total amount of CCO t`5-X8,403.05.
On motion of Supervisor Ladd, seconded by Supervisor Cameron and unanimously
carried, Change Order No. 5, in the increasing amount of $6,403.05 for Juvenile Hall
was approved and the Chairman authorized to sign.
1559 REPORT ON GRIDLEY~LIBRARY PLANS: LARGER PLAN APPROVED
C ay Caste rry, Director o Pu is Wor s, reported t at t e building
committee and the Librarian met to look at the two proposed plans for the Gridley library.
Two plans had been submitted; one had 2,000 square footage; the other plan had 5,000
square footage. The Librarian feels that the 2,000 square foot plan is not adequate.
Mr. Castleberry reported that ha had talked to the City Council about the
plans. The City Council unanimously recommended that they support the location of the
building; they support the modification of the parking in the front and that they
recommend the larger of the two plans, namely, the 5,000 square foot building.
Supervisor Ladd stated that as a member of the building cornimittee, it is
his feeling that the smaller plan could be quite adequate. Gridley presently has a building
containing 1500 feet, plus about 1200 feet storage space.
Supervisor Richter said he was not an expert on buildings, but if the librarian
feels that the building should be larger, he would accept her recommendation.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, the larger of the two plans for the Gridley Library was approved,
which would contain 5,000 sq, feet.
1560 JUVENILE HALL TREATMENT REPORT COMMITTEE TO BE REQUESTED TO APPEAR
BEFORE BOARD ,. 3; c.
Supervisor Richter said that in the matter of Juvenile Holly coutd,it~be possible to
Page 164. September 14, 1976
~ !"'~
September 14, 1976
r a a m m a a m m s s s m m m a~ m p- s m s a r r e a m s m m e - w r r r
have the members of the Committee that wrote the treatment report appear before the Board
so the Board members could ask them questions. Mr. Mtckelson will contack them and
invite them to appear at a Board meeting to answer questions.
561 PUBLIC HEARING: AEBERT B. & LORRAINE E. CHABOT-APPEAL OF PLANNING
COMMISSION'S DENIAL OF A VARIANCE TO MINIMUM PARCEL SIZE
pu is aring on t e A ert 8. Lorna ne E. C t appeal of Planning
Commission's denial of a variance to minimum parcel size to allow a I.10 acre parcel and
a 2.46 acre parcel on parperty zoned "TM-5" located on both sides of Hupp Mill Road,
approximately 1,000 feet south of Skyway intersection, north of Paradise, was held as
advertised. Bettye Blair, Planning Department, stated that the statement taken from the
State Law and from= the County ordinance on variance requirements state that most variances
have to be followed with a parcel map. Mrs. Blair stated that these lots are smaller than
al lowed in a "TM-5 "zone .
Hearing opened to the public.
Appearing:
(. John Culvertson. He set cut the background of the property. Someone
at Planning suggested that they request a variance to this property. A road divides his property.
Mrs. Blair said that even if the property is divided by a road, it is stiff) considered one parcel.
Justification for the variance set out by Mr. Culvertson. County Counsel
stated that the Board could not find that the road going through the property would constitute
a hardship. Mr. Chabot was advised that he could place a mobile home on the property,
but he could not sell the other parcel . The Board stated they would support the use permit
for the mobile $ome on the I and ~ acre paroel. Mrs. Blair informed the Board that they
were wnsidering a variance at this time; they wwuld have to secure approval of the Health
Department for the placement of a mobile home on the property.
Variance and the placement of a mobile home onahe property.
Hearing closed to the public and confined to the Board.
It was recommended that the hearing for the variance be continued and that
Mr. Chabot apply for a use permit to place a mobile borne on the property.
Hearing continued to October 5, 1978 at 1;30 p.m.
582 HEARING: REQUEST FOR WITHDRAWAL FROM LAND CONSERVATION AGREEMENT
The hearing vn request of Hays and Bunch for withdrawal from Land conservation
agreement was held as continued. Jim Griffith, deputy county counsel, set out the
background of the matter. Notices have to be maide.d to the residents surrounding the
properties in question. Mr. Griffith recommended that the hearing be continued and that
the moiling of said notices be accomplished.
Hearing continued to September 28, 1976 at 2:00 p.m. Hearing left open
to the public.
563 PUBLIC HEARING: APPEAL BY PROPERTY OWNERS OF THE SUBDIVISIDN
COMMITTEE'S DETERMINATION TO FILE NOTICES OF VIOLATION ON PROPER Y LOCATED I/2
MILE SOUTH OF NORTH COUNTY BOUNDARY, EAST OF COHASSET
The continue aring on t e appeo y property owners o t bdivision
Committee's determination to file notices of violation on property located I/2 mile south of
the north county boundary, 3/4 mi~agesti.g{~Cohasset, being lots 5, 6 ~ 7of Section 6.
September 1k, 1976
~^ ~"~,
September 14, 1976
a .t m n s s s e r s s s m w s s s r s s a r r Yn a s s a s a m s c a .. s s n
T24N, R3E, MDB8~M, identified as AP 56-20-32, 33, 35, 37, 38, 39, 40, 42, 45, 46,
47, 48, 49, 50, 53, 54, 55, 56, 57, 58, 59, 60, 62 and b3, was held as continued from
August 31, 1976.
County Counsel had continued this hearing so that he could check the request
for withdrawal of all the people. The letter of withdrawal of the appeal does contain all
the names of the people involved.
On motion of Supervisor r..Ri~chter, seconded by Supervisor Madigan and
unanimously carried, the appal by property owners of the Subdivision Committee's
determination to file notices of violation on property listed above was denied without
prejudice and the Subdivision Committee was directed to file the notices of violations.
1564 ADOPT ORDINANCE NO. 1754 EMERGENCYORDINANCE SETTING UP THE
BOARD OF ZONING ADJUSTMENT :MEMBERS OF BOARD APpOIN~~~D
Jim Gr fit ,deputy county counse ,stated a ad a nonwgenda item
that should be acted upon. He recommended that the Board adopt an emergency
ordinance setting up the Board of Zoning Adjustment. Emergency ordinance discussed.
On motion of Supervisor Richter, seconded by Supervisor McKillop and
unanimously carried, Ordinance 1754 an emergency ordinance setting up the Board of
Zoning Adjustment was adopted, with the finding shot it is necessary for the health,
safety and welfare of the public and due to the fact that meetings have been scheduled before
this Board, and the Chairman was authorized to sign.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, the following were appointed members of the Hoard of Zoning
Adj iustments;
George Gilbert
Wilbur Moore
Priscilla Hanford
Mr. Griffith stated that before long a written procedun: should be set up
as to how the appointments should be made and to set the term of the office of each member.
565 COMMITTEE MEMBER FROM BUTTE COUNTY FIRE DEPARTMENT'/CALIFORNIA
DIVISION OF FORESTRY TO BE REQUESTED TO ATTEND ENVIRONMENTAL REVIEW
COMMITTEE MEETINGS
Memo from t e Environmental Review Committee regarding Environmental
Review Committee membership requesting appointment of new Committee member to replace
the Butte County Fire Department/California Division of Forestry member discussed. '
Discussed cutting back the number of members of this committee. It was felt that a~
member representing fire prevention should be on this committee.
On motion of Supervisor Richter, seconded by Supervisor McKillop and
carried, the member of the Environmental Review Committee representing the Division
of Forestry will be requested to attend the committee meetings and that he remain
on the committee as a member.
AYES: Supervisors Madigan, McKillop, Richter and Chairman Cameron
NOES: Supervisor Ladd
Page lb6
September 14, 1976
~'` !~
September 14, 1976
m a a a s m s a a s e a a d es s s a a s a e s s e e tc ss aF e m m a a r .c s m
566 REPORT ON DENIED REZONINGS BY PLANNING COMMISSION
Reports were filed by Planning Commission on the following denied
rezonings:
I. Robert J. t3ubose-Planning Commission report of denied rezoning from
"S-R" (suburban-residential) to "C-2" (general commercial) property located on the
southwest side of State Hwy. 32, approximately 1~4 mile southeast of Linda Channel, Chico.
2. .bhn D. Crispin, et al-Planning Commission report of denied rezoning from "A-2 (g
{general)dnd''S-H' (scenic highway) to "C-2" (general commercial} for property located on the
southwest comer of State Highway 70 and Oroville-Concow Road, identified as AP 58-19-144,
AP 58-21,04, AP 58-21-78, and a portion of AP 58-26-10, 17 miles north of Orovifle,
containing 43 acres, more or less.
3. James and Peggy Sorrell-Planning Commission report of denied rezoning
from "R-1" {single-family residential} to "R-I A8C" (single-family residential arts and
craFts) property located on the northwest corner of East First Avenue and Terrace Drive,
440 feet west of Mione Way, Chico.
1587 PUBLIC HEARINGS SET ON REZONING REQUESTS: OCTOBER 12, (976
is ar~ngs were set or Octo r , on t e o owing;
1:3fl p.m. - I. Lawrence W. Acheson -rezone from "R-I '" (single-family residential)
to "C-2" {general commercial) property located on the south side of
Elliott Road, approximately 400 feet west of Skyway, Paradise.
2:00 p.m. 2. M & M, Inc. -rezone from "A-2"(general) to "C-2"(general commercial)
property located on the west side of Esplanade, approximately 270 feet south of
Eaton Read, identifiedas AP 4i~~~i40, Chico.
3. Butte Tallow Company -rezone from "A-2'' Irgeneral) to 'M-2' (heavy
industrial) property located on the northeast corner of 5hippee Road and
State Highway 99E, identified os AP 4l-20-23, northwest of Oroville.
1568 PROPERTY CURRENTLY UNDER NOTICE OF VIOLATION TO BE ISSUED CERTI~
OF COMPLIANCE: PROPERTY LOCATED ON BLOOMER MOUNTAIN
Bettye B air, Panning Department, gave t status report ram Subdivision
Committee wnceming property loooted on Bloomer Abuntain, identifKied as AP b2-47-various,
currently under notice of violation, r+e: Health Department requirements, road improvements,
and road maintenance agreement. In some cases, they do have the septic tank approvals
by the Health Department. Roads that have been approved at time of inspection set out.
A lot of inquiries have been received from the people that own the property
asking what they can do to obtain certificates of compliance.
Many of the property owners have signed the road maintenance agreements.
Part of the roads have been approved. Everyone up In that area has been given the
opportunity to sign the road maintenance agreement. Mrs. Blair stated that if the Board
could consider the road maintenance agreement situation, there are a number of the
parcels that are ready to go.
Time spent discussing has this situation should be handled.
Parcels having direct access to Ponderosa Way and that have been approved
by Health pepartment set out and discussed. Others that were approved by Health Department,
Page 167
September 14, 1976
P'` ~'`'•
September 14, 1976
m m e n m¢ e a a r m m m r r m s m a m m m m s a a s m a a a a a a m m m m
but need approval of Public Works set out.
On motion of Supervisor Richter, seconded by Supervisor McKillop and
unanimously carried, property currently under notice of violation were issued certificates
of compliance as to the following parcels;
AP 62-07-343, 345, 346 &347
AP 62-47-12
A P 62-53-33
and following were to have certificates of compliance issued subject to Public Works
approva6 of the roads:
62-47-15
62-47-20
62-53-35
62-53-40
62-53-41
Mr. Geddis questioned the Board about the remaining parcels that
are under no#ice of violation. The Board stated that they would like all of these
brought back for Board action, when they have complied with the requirements.
X569 TENTATIVE PARCEL MAPS PRESENTED FOR CONSIDERATION: ACTION PUT OVER
TO OCTOBER 5th
T Board announced that no action would be taken on any of the .tentative
parcel maps that were presented for Board bonsideration; no action would be taken on the
tentative subdivision maps. All maps have been put over io October 5th, 1476 for Board
action. Mrs. Blair stated that the property owners would be so notified. -he list of
maps presented for today's meeting will be on fife with Clerk of the Board.
RECESS: The Board recessed at 4:00 p.m. for an executive session to discuss litigation
and personnel matters.
RECONVENED: The Board reconvened at 5:05 following an executive session. Chairman
reported shat the Board had discussed the letter from the Butte County
Employees Association and have instructed the Administrative Officer
to meet and confer with fhe employees' representative.
Litigation was also discussed.
1570 APPROVE AIR POLLUTION SUBVENTION
T e annua Air Po ulion app ication For financial assistance (subvention) has been
prepared. Amount of subvention is $22,338.
On motion of Supervisor Richter, seconded by Supervisor McKillop and
unanimously carried, the subvention application was approved and the Agricultural
Commissioner was authorized to sign.
76'1571 AUDITOR AUTHORIZED TO USE GENERAL FUND MOMES FOR LAND FRAUD
INVESTIGATION UNIT
Fun mg r # Land Fraud investigation unit discussed. It was suggested that
the Auditor be authorized to use General Fund monies until tha County is in receipt of
Federal funds. It will fake some time to prepare a salary ordinance and there will be
delays in the recruiting in this program.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
Page 168
September 14, 1476
~ ~
September 14, 1976
o s s a m a m m s a s c s m m s s s e s m a s s o s w s s s s a s s s s c c
carried, the Auditor was authorized to use General fund monies in the amount of $15,000
as a loon to the Land Fraud Investigation Unit, pending receipt of Federal funds, for a
period of 20 to 30 working days while the matter is being submitted.
AYES: Supervisors Madigan, McKillop, Richter and Chairman Cameron
ABSTAINING: Supervisor Ladd
1572 AUTHORIZE RELEASE OF EASTWOODS PROFESSIONAL PARK PARADISE FUNDS
County Counse reporte t at t e County was ready to re ease t remaining
funds deposited by Eastwoods Professional Park, Paradise.
On motion of Supervisor McKillop, seconded by Supervisor Richter and
unanimously carried, the remaining X25,000 deposited by Eastwoods Professional Park,
Paradise, was authorized to be released.
1573 APPEAL-SACRAMENTO AVENUE ASSESSMENT DISTRICT NO. I; NOT GRANTED
On motion o Supervisor Ric ter, seconded y Supervisor Madigan and
unanimously carried, the appeal on the Sacramento Avenue Assessment District No. 1
was net granted as it was not timely filed, upon recommendation of County Counsel.
1574 APPOINTMENT TO MANPOWER PLANNING COUNCIL: PUT OVER ONE WEEK
T e appointment to Manpower P arming Counci was put over one wee .
Mr. Rackerby will bring back a report next week.
1575 REPORT ON TITLE III GRANT {CETA)
9~m Roc er y, personne Director, reported thot he has been in contact with
the Department of Labor about Title Ill grant. They have indicated that they desire to
write a new contract. The Department of Labor has indicated that they are not going
to extend the grant to use the carry over money buf will write a new contract. It will
be after October Ist before they (Personnel Department} would receive the authorization.
The question that has been bothering Personnel is time. ff there is a problem
of getting the grant approved, the County will run into the two week lay-off period. Problem
explained and discussed. Mr. Rackerby said he has been assured that they will obtain
the funds and the grant will be back to the County immediately after October I, 1976.
Congressman Jahnsan has stated that the funds are available.
Mr. Rackerby requested direction from the Board. The problem is that the Department
in San Francisco will net extend the grant from September 30 to January 1st. They will
write a new contract. General Funds will have to be used to carry the program until
the grant funds are received.
The Board thanked Mr. Rackerby for alerting them to this problem and
because the risk is small, they felt he should not send out lay-off notices at this time.
Other agencies involved in this program wit! be nC:tified. No action taken at this time.
1576 APPROVE AGREEMENT-TRANSPORTATION SERVICES IN THE CHICO URBAN AREA FOR
HANDICAPPED CITIZEN5 AND SENIOR CITIZENS
County ounce repvrte t at t e agreement was in order and ready for
Board action.
On motion of Supervisor Richter, seconded by Supervisor McKillop and
unanimously carried, the agreement for transportation services in the Chico urban area
for handicapped citizens and senior citizens was approved, as aFproved by County
Counsel and the Chairman was authorized to sign.
AYES: Supervisors Madigan, McKillop, Richter and Chairman Cameron
NOES: Supervisor Ladd Bage 169
September 14, 1976
~5
September 14, 1976
m v a C C i C a C v a a a a P a YY .. Q v v v C a a a a E a Q .f v Q C Q 6 R v
577 ARGUMENT AGAINST PROPOSITION 14: PUT OVERONE WEEK
Action on argument against Proposition 14 was put over one week.
1578 REPORT RE SPECIAL BCAG COMMITTEE CONCERNING HUD GRANT
C airman Cameron reported on t specie BCAG Committee concerning HUD grant.
The MUD officials have tentatively agreed to ~eoene to Oroville to discuss the application.
A date wilt be firmed up in the next few days.
1579 C1C!;IT,~15kSFER.D'IR:iT TO REPRESENT COUNTY AT MEE SING IN QUINCY
RE Ff#RAAERS ASSOCIATION PROCEDURES REGARDING DISASTERS
C airman Cameron stated that the Northern Counties Supervisors Association
met last Saturday in Redding. Discussed the problem with the slowness of the Farmers
Association regarding disaster items, They would like this as an item to discuss on
October 8 8 9, 1976'at the next meeting. A committee should be set up to change this
procedure. Discussed who should represent Butte County at the meeting.
On motion of Supervisor Richter, seconded by Supervisor McKillopand
unanimously carried, Tom Struthers, Civil pisaster Director, was appointed to represent
the County at the meeting in Quincy to be held October 8th and 9th, 1976.
15.80 PUBLIC WORKS DIRECTOR TO SERVE ON PANEL AT MOTHER LODE SUPERVISORS
ASSOCIATION MEETING
Supervisor Madigan referred to the latter requesting that Gay Castleberry,
Director of Public Works, serve on a panel at the Mother Lode Supervisors Association
meeting to be held Thursday afternoon. The Board granted authorization fvr Mr. Castleberry
to serve on said panel as suggested by CSAC. Mr. Mickelson will inform Mr. Castleberry
of this authorization.
158! BOARD MEETING ADJOURNED IN HONOR OF EDNA KIMBLE, DECEASED
On motion o Supervisor Mc ~ op, seconde y Supervisor a an
unanimously carried, the Board meeting was adjoumed in honor of Edna Kimble,
County Employee, now deceased.
ADJOURNMENT:
T re ing nothing further before the Board at this time, the meeting was
adjoumed at 5:35 to reconvene on Tuesday, September 21, 1976 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK
By ~..~~ r ai~ n of t e Board
er o t e r o Supervisors
Page 170
September 14, 1976