HomeMy WebLinkAboutM092077
September 20, 1977
STATfi OF CALTFORNTA )
) ss.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Madigan, Moseley, Winston and Chairman Richter.
Clif Nickelson, Administrative Officer; Dan Blackstock, County Counsel,
and Clark A. Nelson, County Clerk by Cathy Pitta, deputy Clerk. Absent:
Supervisor Lemke.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
77-1814 APPROVAL OF MINUTES
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and unanimously carried, the minutes of September 13, 1977 were approved
as mailed.
77-1815 COMMUNICATIONS
Gridley Memorial Hall Committee. The Committee requests the Board to
make an appointment to the Gridley Memorial Ha11 replacing
SOl,ta G~ Wesley Vannote, deceased. Supervisoz Moseley to make appointment.
Home occupation ordinance. Letters in opposition to the proposed
occupation ordinance for Butte County and the Mountain View
Drive area of Oroville in particular have been received from:
Mr. and Mrs. Warren Wilson, Mae Faulkner., James and Mazy Helms,
~~3• a 0 and Carl Ruggle. See motion following communications.
Mr. and Mrs. Waring Hampton, Chico. The Hamptons write concerning damages
to the Nord-Gianella Raad, northwest of Chico. Discussed; no
1~1~L~.OD action taken.
Cohasset Community Association, Inc. The Association writes concerning
water conditions in the Cohasset community. Information.
2~~~ od
Feather River Manufacturing, Inc., Bangor. The Firm writes appealing the
Planning Commission's denial of their requested redone from A-5
to M-1 for property located on the southwest corner of Robinson
t~'~. G O Mill Road and LaPorte Road, identified as a portion of AP 28-18-33,
Bangor. Set for hearing October 11, 1977 at 10:00 a.m.
Darrell W. Stevens, Attorney at Law. The Attorney, on behalf of Gerald
deRoco, writes concerning clarification of an existing ordinance
~13' G S with regard to the time frame within which approval of parcel
S
maps have to be given.
ee motion following communications.
Butte County Legal Services, Inc. The Firm writes regarding housing
problems within the Chico area. See motion following communications.
7y~•oo
City of Chico. The City requests that any funds received from the Counsel
on Aging be utilized for funding the cost of the Chico Clipper
operation. Discussed; no action taken.
~f~o•0O
State Soiid Waste Management Board. The State writes concerning designation
of a solid waste enforcement agency for the County. Referred
z O. O O'
3 to Howard Toussaint and report to be given latex in the meeting.
. Page 470.
September 20, 1977
September ~0, 1977
Norman A. Smith, Mr. Smith requests that the hearing date of October 4,
_ 1977 set for his appeal of conditions on a tentative parcel map
113 O `~ be rescheduled. Set for hearing October 11, 1977 at 10:45 a.m.
Vacate hearing date of October 4, 1977 at 9:45 a.m.
77-1816 A5K PLANNING COMMISSION TO HOLD HEARINGS RE: HOME OCCUPATION ORDINANCE
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and carried, the Planning Commission was asked to hold hearings regarding
the proposed home occupation ordinance.
77-1817 APPOINT SUPERVISORS WINSTON AND CHAIRMAN RICHTER AS CON~'lITTEE TO
STUDY TIME FRAME FOR PARCEL MAPS AND APPLICATIONS FOR VARIOUS PLANNING
AND PU$LIC WORKS MATTERS
On motion of Supervisor Madigan, seconded by Supervisor Moseley
and carried, Supervisor Winston and Chairman Richter were appointed as
a committee to study the time frame for parcel maps and applications for
various Manning and Public Works matters; with Clay Castleberry to
set up the agenda for meeting.
77-1818 REAFFIRM: DESIRE TO MEET WITH BUTTE COIINTY LEGAL SERVICES, INC.
RE: HOUSING PROBLEMS BEFORE LITIGATION IS FILED
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the Board reaffirmed its desire to meet with Butte County
Legal Services, Inc. to sit down and Calk about housing problems before
litigation becomes necessary, with Chairman Richter to serve on the
committee.
77-1819 RATA PROCESSING DIRECTOR ADTEIORIZRt3 TO CERTIFY LEASE WOULD BE MORE
APPROPRIATET~N PURCHASE OF UNIVAC 90/30 - AUTHORIZATION TO ENTER INTO
LEASE
Hank Hindery, Data Processing Director, was present to report
to the Board on lease versus outright purchase of data processing
equipment. The Department of Benefit Payments wrote a letter stating
that there was justification for the upgrading of the data processing
equipment. There should be more assistance by State and Federal agencies
as far as allocations because of the better equipment. Mr. Hindery
stated that the Auditor will have to include his letter in favox of
leasing as part of the cost allocation plan and then the County can
receive allocations from the State and Federal agencies. Mr. Hindery
stated that in order to do this he will have to certify that leasing
would be more beneficial than outright purchase of the equipment.
Mr. Hindery presented the Board with a history of the
data processing equipment that the County has utilized up to the present
time.
Mr. Hindery stated that if an outright purchase was to be made
the Board would have to go out to bid on the equipment. Mr. Hiadery
set out the time and cost involved in this type of procedure.
Mr. Hindery stated that there has been talk of Sierra Services
taking over the data processing department. If an outright purchase were
made then Sierra Services would not take over. The outright puxchase
would be void.
O.n motion of Supervisor Madigan, seconded by Supervisor Winston
and carried, Hank Hindery is to certify to the lease based upon the
history presented and it is to be given to the Auditor today; lease
was authorized.
Page 471.
September 20, 1977
September 20, 1977
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77-1820 ADOPT MLTLGATIONS OF CONDITIONS FOR ROBERT ALEXANDER TENTATIVE PARCEL
MAP, AP 4i-42-33,~TWO PARCELS, 1350 FEED WEST OF CLARK ROAD TO PROPERTY
LINE, 410 FEED NORTH OF CLAAR CREEK CEMETERY ROAD, EAST OF PENTZ, MAGALIA
NEGATE HEARING DATE OF OCTOBER 4 1977 AT 10:00 A.M.
Clay Castleberry, Public Works Director, set out the mitigations
of the conditions for Robert E. Alexander tentative parcel map, AP 41-42-33,
two parcels, 1350 feet west of Clark Road to property line, 410 feet north
o€ Clear Creek Cemetery Road, east o€ Pentz, Paradise. Mr. Alexander is
in agreement with the mitigations of the conditions.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the hearing oa October 4, 1977 at 10;00 a.m. was negated and
the mitigation conditions were approved as follows:
2. Place statement "Ho evidence of Domestic Water" oa map.
5. Make finding that 60-foot frontage to lot 41-42-34 is adequate since
additional five feet would be in creek area.
6. Make finding that pressure tank domestic well water systems provide
minimum fire safety as no swimming pools are proposed.
8. Make finding that e:risting access along parcel 1 adequate since this
one division proposed makes alliremainiag parcels in immediate area
undividable by zoning. Area beyond is Butte College property.
13. Allow six months for neighbors to select street name subject to County
Coordinator's approval and post name sign.
14. Grade driveway wye to allow vehicle turnaround.
and building permits authorized to be issued.
77-1821 ADMINISTRATLVE OFFICER TO IMPLEMENT INTERGDVERNMENTAL $OARD OF ELECTRONIC
DATA PROCESSING SUGGESTIONS AND RECOMMEN])ATION3
Oa motion of Supervisor Madigan, ascended by Supervisor Winatoa
end carried, the suggestions and recommendakiona of the Intergovernmental
Hoard of Electronic Data Proceasiag study are to be implemented by the
Administrative Officer.
77-1822 PUBLIC HEARING: YORK E. BOURGEOIS - ENVIRONMENTAL Il~ACT REPORT AND
USE PERMIT TO ALLOW l5 DUPLEXES ON PROPERTY ZONED "A-R" {AGR.ICULTURAL-
RESIDENTIAL) LOCATED ON THE EAST SIDE OF PENTZ-MAGALIA HWY., APPROX. 400
FEET SOUTH OF PEAR50N ROAD. IDENTIFIED A5 AP 54-23-103. PARADISE
The public hearing on the York E. Bourgeois environmental impact
report and use permit to allow 15 dupaexes on property zoned "A-R" (agricul-
tural-residential) located on the east aide of Pentz-Magalia Hwy., approximately
400 Peet south of Pearson Road, identified as AP 54-23-109, Paradise was
held at this time.
Hearing apen.to the public. Appearing: No one.
Hearing closed to the public and confined to the Hoard.
On motion of Supervisor Madigan, seconded by Supervisor Winston
and carried, the hearing was continued to October 4, 1977 at 9:30 a.m.
77-1823 REPORT: CAALRMAN RICATER RE: WATER MEETINGS ATTENDED
Chairman Richter reported to the Hoard on three different water
meetings he attended xegerding the water problems. The three meetings were:
Page 472.
September 20, 1977
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September 20, 1977
s e a m x~ c C m .R tF = ~~ a: a s x s e m a a n o m a a s e e n a a
Governor's Commission on Water Rights revision, meeting on the formation
of the joint pavers agreement,;aad a meeting on Thursday and Friday of the
biennial Underground Water Conference put on by the University of California,
Davie and the Department of Water Resources in Fresno.
Chairman Richter stated that there is no doubt that the State
intends to~utilize the Northern Sacramento Valley ground water outside
the area and send to the areas where additional water is needed. This
is a fast. The question ie not will our underground water be exported
but who will determine if there is a surplus, who will pump it and who
will benefit from the pumping and i,ho will be injured, There is a great
need to acquire data about groundwater resources. This need is necessary
immediately. There is no coordinated water management system in Northern
California. The State take over of water management will be predicated
on the absence of local waterref£orts. The State could take water for
export even if the local area residents were hurt. The State management
could involve the levying of pump taxes and charges to eliminate water
subsidy. The area that will be affected the moat will be agriculture.
The State intends to use the underground water from the
Sacramento Valley. There will be a water shortage is l0 to 20 years.
Of the 35 million acre feet per year that the State uses 85 percent
goes to agriculture and 15 percent goes to industry and the urban areas.
Conservation might be forced upon the farmers. Fanners might be forced
to go to the best and highest available trope if forced Co cuC back on
the water. Th1s could present a problem. The farmers could be charged
a fee for the water they need which would be the difference between the
price they paid and the so called market value. The value thought to be
the best one was changed from conference to conference.
Chairman ~ti.chter made the following recommendations to the Board:
The joint powers agreement should be gureued. Maybe this would help in
being able to establish a local water management region in Northern California.
Encourage the Governor's Commission to encourage passage of legielatdoa
to establish a local water management region. The first order of business
would be to gather data needed to study underground and surface water.
There should be no pumping of water dawn the river until we have the data.
Determination of a surplus should be made on a local level and not a State
level. The management agency should be responsible for the pumping and
determination of beneficial use of water in the area. If there is a
surplus, the agency should be able to sell the water. The State is going
to come up and manage our water if a local agency is not formed. They will
not allow a surplus of water to stay in the ground and not be used.
There is a need to get some kind of strategy started to keep the
local area controlling their ova water. Thin ehauld be a time for construc-
tive thinking and not for anger.
Supervisor Winston stated that he agreed with Chairman Richter.
The small farmer in this county is threatened. The committee should develop
answers to the questions is the second report to the co~iasion.
Don Blake stated that Chairman Richter's report was very accurate.
Mr. Blake stated that if the County ie going to do business with the State
the information~ia going to have to be obtained.
It was felt that the committee should study a water element to
the General Plaa. The Committee should research the questions in the
summary of the report and try and find the answers to those questions.
page 473.
September 20, 1977
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September•20, 1977
e m oa s n s a a s r a r r r r s s s s s s s s s s s 6 C C m a p= a s
On motion of Supervisor Winston, seconded by Supervisor Madigsn
and carried, the Butte County Water Committee ie to be called and asked that
within a period of 30 days they issue an opinion of the various lsaue^ raised
at the meeting today and of the Joint powers committee.
RECESS: 10:15 a.m.
RECONVENE: 10:30 a.m.
77-1824 PUBLIC HEARING: TOM ROGERS - USE PERMIT TO ALLOW TWO DUPLEXES ON
PROPERTY ZONED "A-R" (AGRICULTURAL-RESIDENTIAL) LOCATID ON THE NORTH SIDE
OF ORO-BANGOR HWY., APPRO%. 800 FEET FAST OF FOOTHILL BLVD., IDENTIFIED
AS AP 36-54-D9 (PORTION). OROVILLE.
The continued public hearing on the Tom Rogers use permit to
allow two duplexes on property zoned "A-R" (agricultural-residential)
located on the north Bide a£ Oro-Bangor Hwy., approximately 300 feet east
of Foothill Blvd., identified as AP 36-54-09 (portion), Oroville was
held as continued. There was a negative declaration adopted on the
project. There ie no requirement for a use permit to be consistent with
the General Plen.
Heating ogee to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
Oa motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, the appeal as described was upheld; with the findings that
a negative declaration was adopted and aub~ect to the following conditions;
,.P13ir<~Y. s, r, c~mvly v~ ., ^ii c.i~;'zcaT~].c•
1. A~~licant must comply with all applicable State and local statutes,
ordinances and regulations.
2, Require a No. 8 Catalina hydrant within 300 feet of the proposed
building capable of flowing 1,000 GYM at 40 PSI ¢•eaiduai uninterrupted
flaw. This distance to be to the front of the buildings using streets.
77-1825 PUBLIC HEARING: WALDO C. STAFFORD - PETITION FOR VARIANCE TO THE
PROVISIONS OF 3ECTION9 19-10 ANDIOR I9-12 OF THE BUTTE COUNTY CODE FOR
PLACEMENT OF A MOBILE HOME ON AP 53-23-118. 5808 KTBLER ROAD, PARADISE.
'~ ~ The public hearing on the Waldo C. Stafford petition for variance
to the provisions of Sections 19-10 and/or 19-12 of theButte County Code
for placement of a mobile home on AP 53-23-118, 5808 Kibler Road, Paradise
was held as advertised. Howard Toussaint, Sanitarian, net out the background
of the petition. The mobile home would be placed as a piece of property
that the Staffords own but do not live on•..
Hearing open to the public. Appearing: Waldo Stafford. Mr.
Stafford set out where he lived and where the proposed mobile home would
be placed.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried,,because this request is in conflieC with the Aunt Minnie
variance, the petition was denied.
77-1$26 ADOPT ORDINANCE 1863: PUBLIC HEARING: FRANKLIN C. BRAZELL - NEGATIVE
DECLARATION AND REZONE FROM "INTERIM SR-1" (SUBURBAN-RESIDENTIAL, ONE ACRE
PARCELS) TO "R-2" (DUPLEX RESIDENTIAL) PROPERTY LOCATED ON THE SOUTH SIDE
OF HENSIiAW AVE., 300 FEET EAST OF CUSSICK AVE., IDENTIFIED A5 AP 42-07-152,
CHZCO.
The public hearing on the negative declaration and rezone from
"Interim 5R-1" (suburban-residential,~~bne acre parcels} to "R-2" (duplex
Page 474. September 20, 1977
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September 20, 1977
a s a a s ~~ a a a a s ~ a s a e s a a m xa ~ s s x a c c s. a s m s: a
residential) property located on the south aide of Henshaw Ave., 300 feet
east of Cusick Ave., identified ae AP 42-07-152, Chico wan held as advertised.
Earl Nelson, Environmental Review Director, net out the background of the
negative declaration,
Hearing on the negative declaration open to the public.
Appearing: No ans.
Hearing closed to the public and confined to the Board..
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the proposed project could not have a significant effect on
the environment, and a negative declaration was recommended.
Hearing on the rezone open to the public. Appearing: Frank
Brazell. Mr. Srazell stated that he was in favor of the rezone.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the property was rezoned to "R-2" with the findings that
a negative declaration hoe been accepted by the Board and the rezone is
consistent with the General Plan sad in conformance with the development
3n the neighborhood; adopted Ordinance 1863 and authorized Chairman to
sign.
77-1827 REPORT: ORD RANCH TRANSFER STATION
Clay Castleberry, Public Works Director, reported on the statue
of the Ord Ranch Transfer Station. There has bees ao progress at this
time. The community would like to have the transfer station continued,
Mr. Castleberry set out several alternativea~the Board could aeC:on.
There could be an interim operation schedule for one month to find an
operator Co take the station over. This could he handled by CETA personnel
at a cost of $4,000 to $5,000 to the County. A county service area could
be Formed to cover the cost of operating the station. It is not likely
that a proposal will be received to operate the station.
Mr. Chiaperri, Oroville Solid Waste, stated that he wan interested
in the transfer station. There have been insurance problems. These are
similar to the ones that were solved at the Oroville station. The whole
operation would have to be changed to satisfy the insurance company. Mr.
Chiaperri stated that in hie opinion the business was not there to make
the operation feasible. Mr. Chiaperri stated that he would help the Board
on this matter if they would like assistance.
No action taken.
77-1828 ADOPT ORDINANCES 1864 AND 1865: PUBLIC HEARING: OMER'PETERS,.ET AL -
NEGATIVE DECLARATION AND REZONE FROM "TM-10" (TIER MOUNTAIN-TEN ACRE
PARCELS) TO "RT-1" (SINGLE FAMILY RESIDENTIAL-MOBILE HOMES) AND "R-C"
(RESOURCE-CONSERVATION) PROPERTY LOCATED APPROR. 150 FEED EAST OF GARNEGIE
ROAD AND APPROR. 150 FEET SOUTH OF CDLTER DRIVE, IDENTIFIED AS AP 64-31-3,
4, S AND 6. MAGALTA.
The public hearing on the Omer Peters, etal - negative declaration
and rezone from "TM-10" (timber mountain-ten acre parcels) to "RT-1" (single
familgresidential-mobiletomea) and "R-C" (resource-conservation) property
located approximately }i50 feet east of Carnegie Road'snd approximately 150
feet south of Colter Drive, identified as AP ~64~31-3, 4, 5 and 6, Magalia
was held as advertised. Earl Nelson, Eavirocm~ental Review Director, set
out the background of the negative declaration.'
Fags 475.
September 20, 1977
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September 20, 1977
a s xx x x x a a x a x m x x x a x .c m c x a m n c a a a a a x a
Hearing on the negative declaration open to the public.
Appearing: No oae.
Hearing closed to the public and confined to the Board.
On motion o£ Supervisor Winston, seconded by Supervisor Moseley
and carried, the proposed project could not have a significant effect on
the enviro~ent, and a negative declaration was recommended, and to be
filed.
Hearing on the rezone open to the pub3~ic, Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, the rezone to "RT-1" and "R-C" was approved on the basis of
the unanimous vote of the Planaing.Commisaion at their August 22, 1977
meeting with the findings that a negative declaration has been filed and
the proposed rezone 1s in keeping with the existing land use in considering
the adjacent Paradise Pines Subdivision and the retention of the R-C zone
along the creek; with the finding that this is consistent with the General
Plan; adopt the following ordinances and authorized the Chairman to sign:
Ordinance 1864 - RT-1 (single family residential - mobile homes}
Ordinance 1865 - R-C (Resource conservation)
77-1829 APPEARANCE: FRAI3K BRAZELL
Mr. Brazell stated that he would like to share some things with
the Board regarding water. Mr. Brazell stated that Oregon hoe been aware
that Southern California has had their eye on the Columbia River for 10
years, Mr. Brazell stated that he had been involved with water engineers
during the time he worked in the oil industry.
77-1830 APPEARANGE: MIKE McGEE
Mr. McGee stated that he had filed s parcel map in the area
that the Board had just recently zoned A-160. This hoe cost a considerable
amount of money and Mr. McGee would like to have his property deleted from
the interim zoning. This is in the Meridian-Muajar area. Mr. McGee
presented a letter to the Board regarding his request.
Discussed; no action taken.
77-1831 ACGEPT GRANT OFF13R FRlDM ECONOMIC DEVELOPMENT ADMINISTRATION'S LOCAL
PUBLIC WORKS PROGRAM - ADMINISTRATION BUILDING: APF,ROVE PLANS ANA SPECIFICA-
TIONS: SET BID OPENING FOR OCTOBER 28, 1977 AT 2:30 P.M. IN THE OFFICE OF
THE ADMINISTRATIVE OFFICER
On motion of Supervisor Wiastoa, seconded by Supervisor Madigan
and carried, the following action was taken regarding the new Administration
Building:
1. Accepted the grant from the Economic Development Administration's
Local Public Works program in the amount of $1,119,000.
2. Accepted the standard terme•and conditions'"B-LPW' and the
statement of assurances therein exhibited,
3. Stipulate, as required by EDA, that two•aignatures will
ba required for payment vouchers on letters of credit end authorized those
individuals to be the Administrative Officer and the Auditor-Controller.
Page 476.
September 20, 1977
September 20, 1977
s a m a a s o a m T m n m m n ¢ n a o e m m c a m a a a m n ne a a a
4. Authorized the Chairman to sign the grant offer and authorized
the County Clerk -, ..E.Y to sign as the certifying offical.
5. Approve the plans and specifications which includes the 107
minority business enterprise requirements.
6. Authorize Chairman to sign plans.
7. Set bid openings for October 28, 1977 at-2:30 p.m. in the
Office of the Administrative Officer.
77^1832 ADOPT ORDINANCE 1866: PUBLIC HEARING: WILLIAM R. LEONARD - NEGATIVE
DECLARATION AND REZONE FRGM "A-5" (AGRICULTURAL-FIVE ACRE PARCELS} TO "C-1"
(LIGf~T COM~2ERICAL}PROPERTY LOCATED ON THE SOUTH SIDE OF DURHAM HWY., APPROX.
1.000 FEET EAST OF MIDWAY. IDENTIFEED AS AP 4020-63, DURHAM,_
The public hearing on the William R. Leonard negative declaration
and rezone from "A-5" (agricultural-five acre parcels) to'"C-1" (light
commercial) property located on the south aide of Durham Hwy., approximately
1,000 feet east of Midway, identified as AP 40-20-63, Durham was held ae
advertised.
Hearing on the negative declaration open to the public.
Appearing: No one.
Hearing closed to the public and confined to the Soard.
Oa motion of Supervisor Moseley, seconded by Supervisor Madigan
and carried, the proposed project could not have a significant effect oa
the environment,~and a negative declaration was recommended and accepted.
Hearing on the rezone open to the public, Appearing: William
Leonard. Mr. Leonard spoke in favor of the rezone.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Madigan, seconded by Supervisor Ainston
and carried, the rezone from "A-5" to "C-1" was approved with the fandango
that a negative declaration has been adopted sad the rezone is consistent
with the General Plan; adopt Ordinance 1866 and the Chairman authorized tv
sign.
77-1833 PUBLIC HEARING: MEADOW ESTATES - APPEAL OF CONDITIONS OF SUBDIVISION
MAP, AP 43-08-45, 24 LOTS, LOCATED ON THE NORTH SIDE OP WEST EIGHTH AVENUE
AT MEADOW ROAD, CHICO.
The public hearing oa the Meadow Estates appeal of conditions
of a tentative aubdivison map, AP 43-08-45, 24 lots, located on the north
aide of West Eighth Avenue at Meadow Road, Chico was held at this time.
Clay Castleberry, Public Works Director, set out the background of the
a ppeal.
Hearing open to the public. Appearing; Everd McCain. Mr.
McCain stated that he would like to put in dry weals and make a deposit
for the drainage. This area fe being considered for a drainage district
at the present time.
Rearing closed to the public and confined to the Board.
Qu motion of Supervisor Winston, aecoaded by Supervisor Madigan
and carried, the appeal was upheld and the subdivision was allowed to
put in dry wells and make a deposit towards a drainage district and to
alga the petition. Page 477.
September 20, 1977
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September 20, 1977
a o a a a v a a a r o m a~: m r at ac x o s a a a a o a a a a a a m m m a
77-1834 APPROVE MERIT INCREASE FOR AGRICULTURAL CON~LSSIONER
On motion~of Supervisor Madigan, seconded by Supervisor Winston
and carried, the merit increase for the Agricultural Commissioner was approved.
77-1835 APPROVE PIANS AND SPECIFICATIONS, ADOPT WAGE SCALE, SET BID OPENING
FOR~OCTOBER 6, 1977 AT 11:00 A.M. IN THE ADMINISTRATION OFFICE - FEAT[iER
RIVER OPPORTUNITY CENTER (FROG) PARKING LOT.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, the plane and specifications for the Feather River Opportunity
Centeri(FROC) parking lot were approved; Chairman authorised to sign plena;
wage scale adopted; and bid opening set for October 6, 1977 at 11:00 a.m.
in the Administration Office.
77-1836 $UDGET TRANSFEE~S APPROV®
On motion of 8uperviaaz Madigan, seconded by Supervisor Ninatoa
and carried, the following budget transfers were approved:
8-011 Public Works - ¢eneral services., Transfers $85 from the ressrve
to Professional and epeciaJ,izad services in order to cover the final
contract and payment to Connerly & Associates for preparation and submission
of a full application for a community development block grant. Because of
s clerical error, prior year appropriation for Chia purpose was not encumbered.
B~ Assessor. Transfer $500 from the reserve to professional and
gpecielized services to confirm Board of Supervisors action of May 21f, 1977
to provide appropriation to allow a survey of a tax deeded parcel.
B, 0l5 Co" unty Service Area No. ~ - ~Jpner Riaae Fire. Transfers $2,250
~roa special. departmental a suss, $5,360 from professional and specialized
services, and together with1,036 of additional revenue; transfers $2,663
to utilities, $2,lll to maintenance of equipment, and $1,800 to fixed assets.
Purpose of this transfer is to reduce the CSA No.53 budget and reclassify ~
accounts beaed on final revised budget submitted by the Fire Department and
to reduce anticipated revenue to the County Fire Department accordingly.
E-OI.B'Mental Health. Transfers $868 from fixed assets, with $b9$ going
toward household expense and $170 ta~speciel departmental expense. Thin is
a transfer appropriation from fixed assets far items improperly classified
in the current year budget.
77-,)837 APPROVE PROCEIDING ilITH TH'E HCD HOME MANAGEMENT TRAINING GRANT
Larry Brooks, Administrative Analyst, stated that the HCD Home
mauagement training grant was for funds to give financial counseling and
counseling on maintenance of the homes that have been rehabilitated by
HUD.
On motion of Supervisor Madigan, seconded by Supervisor Richter
and carried, the Administrative Office was instructed to proceed with
the grant application•to HCD for the home management training grant.
AYES: Supervisors Madigan, Winston and Chairman Richter. NOES:
Supervisor Moseley. ASSENT: Supervisor Lemke.
77-1838 ADOPT RESOLUTION 77-154: ESTABLISHING PROCEDURES FOR PROPERTY AOQUIRED
WITH $LOCK GRANT FUNDS
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, Resolution 77-154 establishing procedures for property
acquired with Block Grant funds was Adopted avid the Chairman authorized
to sign. AYES: Supervisors Madigan, Moseley, Winston and Chairman Richter.
AB5ENT: Supervisor Lemke.
Page 478.
September 20, 1977
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77-1839 APPROVE RL~LIEWAL OF VARIANCE - NORMAN Lc PRATERID
On motion of Supervisor Winston, seconded bq Supervisor Madigan
and carried,.renewal of variance to Section 19-10 end/ar 19-12 of the Butte
County Cade for placement of a mobile home at Rt. 2, Box 2760-A, Oroville
for Norman L. Prater was approved for a period of one year.
77-x840 DENY PETITION FOR PENALTY RELIEF - MS. CASSANDRA T. PORTER
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the petition for penalty relief for Ms. Cassandra T. Porter
was denied.
77-1842 APPROVE PERMANENT RECEIVING HOI~ZE AGREEMBNT
On motion of Supervisor Winston, seconded by Supervisor Moseley
sad carried, the permanent receiving home agreement for the period October 1,
1977 through September 30, 1978 with £oeter parents for a minimum amount
of $500 per month or a $10 daily rate per child, whichever is greater was
approved.
77-1842 PUBLIC REARING: HUERTO SUBDIVISION - APPEAL CONDITIONS OF A SUBDIVISION
MAP, AP 44-49-11, 47 LOTS, LOCATED ON THE SOUTHWEST CORNER OF HICKS LANE AND
SYCAMORE LANE. CHICO~r•-CONTINUED TO OCTOBER 2S. 1977 AT 9:45 a.m.
The public hearing on the Huerto Subdivision appeal of conditions
of a subdivision map, AP 44-49-11, 47 lots, located on the southwest corner
of Hicks Lane and Sycamore Lane, Chico was held at this time. Clay Castleberry,
Public Works Director, net out the background of the appeal.
Hearing open to the public. Appearing: Everd McCain. Mr. McCain
stated that this property is being considered by the Planning Commission
for deletion from the urban area. Mr. McCain asked that the hearing be
continued until the Planning Commission has made its study of the area.
Hearing closed to the public sad confined to the Board.
On motion of Supervisor Madigan, seconded by Supervisor Moseley
and carried, the hearing was continued to October 25, 1977 at 9:45 a.m.
77-1843 HEALTH DEYART[~V'P DfiSIGNATID AS SOLID WASTE ENFORCEMENT AGENCY
Hawaxd Toussaint, Sanitarian, sCeCed that the County could do
the fob of solid waste enforcement agency for less money than the State
has said that it can do the job for.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the Health Department was designated as the Solid Waste
Enforcement Agency.
77-1844 APPROVE PUBLIC WORKS ITEMS:
Oa motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, the following Public Works items were approved:
1. Approved Contract Change Over No. 2 - Upper Ridge Eire Station
that provides for $1,053 for underground electrical service between street
and building and relocation of electrical facilities within the building
and Chairman authorized tc sign.
2. Accepted the work of D. K. Fox, Inc. for construction of
the Upper Ridge Firs Station; Chairman authorized to sign Notice of Completion
and Clerk was instructed to record said Notice of Completion.
3. Appzoxed release of maintenance bond for Kelly Ridge Unit 3,
road and drainage improvements.
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i 4. Accepted improvements; authorized release of performance and
labor and materials bands; commence one-year maintenance period for EL
Monte Heights Uait.No. 2.
5. Waived the first reading of the ordinance increasing the
speed limit from 25 MPH to 45 MPH on Ord Ferry Road in Dayton.
6. Approved Contract Change Order No. 4 - Oroville-Quincy Hwy.,
FAS Frojeet No. V36b(1) is the increasing amount of $8,655.92 providing
for placing additional erosion control material on cut and fill slopes and
for additional excavation required to complete fills; authorized Chairman
to sign and authorized fund transfer from the road reserve to cover cost.
_, 7. Accepted the work of 7. E. McAmis for reconstruction of
Oroville-Quincy Hwy., FAS Project No. V366(1); Chairman authorized to
sign and the Clerk was instructed to record said Notice of Completion.
77-1845:APEitOVE NOTICE OF COMPLETION AND TRANSFER FROM THE ROAD RESERVE-COO ~
Oa motion of Supervisor Moseley, seconded by Supervisor Madigan
and carried, the work of Robinson Construction Co was accepted for Forbestown
Read, Project No. 27582-76-1; Chairman authorized to sign Notice of Completion
and the Clerk was instructed to record said Notice of Completion; Contract
Change Order No. 1 in the amount of $3,836.45 was approved and Chairman
authorized to sign with a transfer to come from the road reserve.
77-1846 AWARD OF BID
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the bid for the Baggett~Marysville Road relocation, Project
No. 21461-74-1 was awarded to Robinson Construction Co. in the amount of
$321,714.50.
77-1847 APPROVE ISSUANCE OF CERTIFICATE OF COMPLIANCE - ANTHONY AND PATRICIA
DALBY FOR AP 62-52-01 NEAR PONDEROSA WAY PARADISE.
On motion of Supervisor Madigan, seconded by Supervisor Moseley
a nd carried, a Certificate of Compliance was issued. to Anthony and Patricia
Dolby for AP 62-52-O1, near Ponderosa Way, Paradise providing the owners
file road maintenance agreement end two-way traversable access.
77-1648 AUTHORIZE UPDATING OF 9B 325 TRANSPORTATION F11ND3
On motion of $upervisor Madigan, seconded by Supervisor Moseley
and carried, Article 8 was authorized to be decreased by $19,593 and
Article 4 increased by $19,593.
77-1849 APPROVE ANALYSIS FOR TABLE MT. BLVD BRIDGE EIR"- ECO-ANALYSTS OF CHICO
Oa moticn of Supervisor Winston, seconded by Supervisor Madigan
and carried, a partial payment of $447 to Eco-Analysts of Chico for geological,
archaeological, biological, and socio-economic analysis for the Table Mt.
Blvd. Bridge EIR wsa approved.
77-1850 BET, PU~iCillff.ARTDiG.~DATES2 ~ ~ '{(?' - _ ~ -
. ._."" ~:~Ttxe~.'£2ilIbw9~?~uTi1~Rb5h~hriii~:vdE€~erwd~eG~eE~ _
1. A public hearing date of October 4, 1977 at 10:30 was set
for reconsideration of Michael E. Boeger varfance to allow three parcels
o£ one acre and one parcel of 13 sores on property zoned "A-40" (agricultural-
40 acre parcel) located on the east side of Weat Biggs•Gridley Road, '
approximately I/2 mile north of Macedo Road, i"dentified as AP 22-21-37,
Gridley.
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2. A public hearing date of October 11, 1977 at 10:15 a.m. was
set for consideration of Paul A. Rene negative declaration and rezone from
"A-R" (agricultural residential) to "AR-MFi" (agricultural-residential-mobile
home) property located on the north aide of Edaa Road approximately 1/4
mile west of Scottwood R,oad,.identified as AP 55-17-20, containing 0.85
acres, more or less, Paradise.
3. A public hearing date of October 11, 1977 at 10:30 a.m. was
set for consideration of B. C. and FIo Barnett negative declaration and
rezone from "A-2" (general) and "A-H" (scenic highway) to "PA-C" (planned
area cluster) property located on the waet side of Pentz-Magalia Hwy.,
approximately 1/2 mile south of DeMille Read, identified as AP 55-29-24,
containing 18.5 acres, more or leas, paradise.
77-1851 REPORT.OE..DENIAL OF ZONING AMENDMENTS
The following reports~of denial of zoning amendments were
given to the Board for information:
i.~aulamea W. Arnold - negative declaration and rezone from "A-5"
(agricultural-five acre parcels) to'"M-1" (light commercial) property
located on the southwest earner of Robinson Mill Road and LaPorte Road,
identified as a portion of AP 28-18-33, containing 1.55 scree, more or
less, Bangor. (Feather River Manufacturing, Inc.)
2. Gordan Riggs - negative declaration and rezone from °RT-1"
(minimum density residential-mobile home) to "R-4" (maximum density residen-
tial-restricbed service) property located an the northwest corner o€ Rally
Ridge Road'and Royal Oaks Drive, identified as AY 34-78-1 and AY 34-78=2,
containing 0.32 acres, more or less, Oroville.
77-1852 REPORT FROM PLANNING cOMMISSION: LIMITED BURNING IN CHICO URBAN AREAS
Bettye Blair, Planning Department, stated that there was nothing
to report on the limited burning in Chico urban areas at the present time.
77-1853 ADOPT ORDINANCE 1867: WAIVE SECOND READING: ORDINANCE AMENDING GARBAGE
COLLECTION LICENSING PROVISIONS RE: CANCELLATION OF BONDS
Oa motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, Ordinance 1867 emending garbage collection licensing provisions
regarding cancellation of bonds was adopted; the second reading of the
Ordinance was waived; Chairman authorized to sign ordinance.
77-1854 APPOINTMENT TO CITIZENS ADVISORY COMMITTEE ON DRUG ABUSE/ALCOHOL
ADVISORX BOARD
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, Tom Flores was~eppointed a member of the Citizens Advisory
Ca¢omittee an Drug Abuse/Alcohol Advisory Soard.
77-1855 APPOINTMENT TO SURFACE MINING AGGRF7GATE OPERATIONS COMMITTEE
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, Maxine Leclerc was appointed a member of the Surface Mining
Aggregate Operations Committee. .
77-1856 CONTINUE: APPOIZ3lhDrZ~fS TO CHICO-BUTTE COUNTY CHAPMANTOWN HOUSING AND
COfPfUNITY DEVELOPMENT ADVISORY COT4ffTTEE
The appointments to the Cht~co-Butte County Chapmaatown Housing
and Community Development Advisory Committee was continued to September 27,
1977.
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77-1857 APPOINTMENT TD COMMITTEE ON COMMUNITY DEVffi.OPMENT ACCOUNT
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, Walter Shaner was appointed as member to the Committee oa
Community Development Account.
77-1 58 POLICX AND PRDCEDURB MANUAL TAKEN OFF AGENDA
The Policy and Procedure Manual was taken off agenda.
77-1859 ADDITIONAL MATTERS PRESENTID BY BOARD MEMBERS
Supervisor Madigan asked that the comments on the water meetings
be typed up.
Supervisor Madigan stated that there is a Supremen Court decision
in support of the County ordinance on groundwater. There will be a meeting
is Chico in November and one in Redding oa October 5, 1977 regarding the
water situation.
Supervisor Madigan stated Chat there is a State grant of $1
million plus federal funding for work on the Sacramento River. This is
under the jurisdictdon of the Corp of Engineers. The Fiah~and Game
object to this.
77-1860 APPROVE AGREEMENT WITH U.S. FOREST SERVICE FOR CIRBY MEADOWS
HABITAT PR03ECT - BUTTE COUNTY FISH S~ GAME COMMISSION
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, an agreement between the U.S. Forest Service and the Butte
County Fieh and Game Commission in the emouat of ;$825.for Cirby Meadows
Habitat project was approved.
77-,861 APPROVE SENDING OF TELEGRAM TO GOVERNOR BROWN IN SUPPORT OF AB 1533
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, a Cel"egrem:to.s.•= Governor Brown in support of AB 1533, the
Morga Bill, was approved.
E$ECUTIVE SESSION: The Board recessed at 12:55 a.m. for an executive
session to discuss litigation sad a personnel matter.
RECONVENE: .The Board reconvened at 12:23 p.m. following an executive
session. A~Phrsonnei matter affecting County Government is
being looked into.
77-7862 APPROVE SETTLEMENT WITH YOUNGER BROTHERS RE: JUVENILE HALL CONTRACT
On motion of Sups rvieor Winston, seconded by Supervisor Moseley
sad carried, $11,537:11.wasawi,Chhl~Mfn.ttie~Yodnger~•Brmthe#~s~contract for
Juvenfcle.Hall atid'a-.setti9meat in the amount of $5,229.36 was approved.
77=1863 AUTHORIZE AUDITOR TO RELEASE MAINTENANCB BOND ON DEVELOPMENTS AT
REQUEST OF PUBLIC WORKS AIRECTOR
On motion of Supervisor Moeeleq, seconded by Supervisor Madigan
and carried, the Auditor waa authorized to release maintenance bonds on
developments upon demand of Pub11c Works Director.
77-1864 ADDITIONAL MATTER PRESENTED BX C&AIRMAN RICHTER
Chairman Richter stated that the Administrative Officer waa
to contact the'Health Department regarding health problems st 2114
Kennedy Avenue, Chico.
ADJOURNMENT:
There being nothing further before the Board at this time, the
meeting was adjourned at 12;26 p.m, to reconvene on Tuesday, September 27,
1977 at 9:00 a.m.
ATTEST://CLARK A/'. NELS~ONI,DCOUNTY CLERK~IO./'~¢'~~_
By Y"~ ~f- ~ ~""~'~ Choi `rmanC, Board of Supervisors
Board of Supervisors Clerk Page 482, -
September 20, 1977