HomeMy WebLinkAboutM110177November 1, 1977
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Lemke, Madigan, Moseley, Winston and Chairman Richter.
Clif Nickelson, Administrative Officer; Dan Blackstock, County Counsel, and
Clark A, Nelson, County Clerk by Cathy Pitts, deputy Clerk.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Lemke
77-2104 APPROVAL OF MINUTES
On motion of Supervisor Madigan, seconded by Supervisor-Lemke
and unanimously carried, the minutes of October 25, 1977 were approved as
mailed with the addition of agreement on condition'~7 as_.set:aut by Counsel
added to the minutes for Item 77-2102, Centex Aggregate, Inc. Use Permit.
On motion of Supervisor Lemke., seconded by Supervisor Madigan
and unanimously carried, the minutes of October 11, 1977, Item 77-1956
were amended to show that Resolution 77-160Aamending.the Land Use Element
of the Butte County General Plan was adopted.
77.-2-'105 COMMUNICATIONS
.Walter M. Sonntag, M.D., Paradise. Doctor writes appealing the granting of
the use permit by the Board of Zoning Adjustment to the Feather
River Hospital for a personnel office. Set for hearing November 22,
1977 at 10:00 a.m.
Robert R. Underhill, Oroville. Mr. Underhill files petition for variance
to Section 19-10 and/or 19-12 of the Butte County Code for placement
of a mobile home at 8025 Grier Road, Oroville, AP 27-28-30.
Set for hearing November 15, 1977 at 9:30 a.m.
Betty Carter, Oroville. Mrs. Carter writes concerning various procedures
within the County Clerk's office. Information; no action taken.
Edward Hall, Marysville. The Engineer on behalf of Terry Hamilton, writes
requesting that lands on Eaton Road be excluded from the temporary
interim A-40 zaning. Sae discussion following communications.
Superior California Senior Services, Inc. The organization writes concerning
travel and incidental:i expenses incurred by Butte County's appointed
member to the organization. Referred to Administrative Office.
Carl L. Youngdahl, Paradise. Mr. Youngdahl withdraws his appeal of conditions
on tentative parcel map, AP 53-272-0, three lots, located on the
west side of Pentz-Magalia Highway opposite Lura Lane, Paradise.
Hearing date vacated.
K. Russell and Patricia A. Darling, Chico. The Darlings appeal conditions
_:~~10 12 and 16 on tentative parcel map, AP 45-412-78. Set for
hearing November 22, 1977 at 10:15 a.m.
Compass Equipment, Oroville. Mre Leforce appeals conditions imposed by the
Board of Zoning Adjustment for issuance of a use permit to engage
in the retail sales of construction equipment. Sat for hearing
November 22, 1977 at 10:30 a.m.
Robert L. Britton, Chico. Mr. Britton appeals the decision of the EIR Director
that an EIR will cost approximately $1,000 for A-10 rezone proposal
on the west side of Chico. See motion following communications.
Page 47.
November 1, 1977
', November 1, 1977
77-210b DISCUSSION: EDWARD HALL, ON BEHALF OF TERRY HAMILTON,WREQUEST TO HAVE
LANDS ON EATON ROAD EXCLUDED FROM INTERIM A-40 ZONING CHICO.
Mr. Hall stated that Mr. Hamilton has a business that services
service stations. He needs to move from his present ,location. Mr. Hamilton
has a metal building that he would like to put on his property on Eaton
Road. At the present time, this property is in A-40 zoning. The Planning
Commission last night tentatively approved an M-l zoning for the area. Mr.
Hall asked that the Board delete Mr. Hamilton~s property .from the interim
zoning.
77-2107 REAFFIRMS ACTION TAKEN BY EIR DIRECTOR RE: GHARGING OF $1,000 FOR
ENVIRONMENTAL IMPACT REPORT FOR THE TIME INVOLVED IN THE BRITTON REZONE
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the Board reaffirmed the action taken by the
EIR Director namely charging $1,000 for the time involved in the Britton
rezone.
77-2168 ADDITIONAL MATTERS PRESENTED BY CHAIRMAN RICHTER
Chairman Richter statedetihat he had received a petition from
the people at the Chico Norte Estates Subdivision asking that the Board
deny people the right to drill for water at the Rancho Esplanade Mobile
Park. Chairman Richter stated that there are no provisions to deny
a person a permit. Any significant drop in the water would probably be
a result from agriculture pumping.
Discussed; no action taken.
Chairman Richter reported on the Executive Session held on
October 25, 1977. The Department of Benefit Payments will take legal
action against the County if they continue to report to the District
Attorney and the Sheriff illegal aliens who were applying for welfare
who stated to the interviewers that they were illegal aliens. The
procedure is to refer the matter to the Immigration Department. The
length of time to receive any information from the Immigration Aepartment
is from 9 to 12 months. The County would have to pay these people
Welfare payments until a ruling was made by the Immigration Department.
Counsel was instructed to take action and negotiate with the
Department of Benefit Payments regarding changing the interpretation of
the Statutes so that 'it _conf,orms~-*ni-~= with the Federal law or if necessary
the County will bring suit to have the changes made.
77-2109 PLANNING TO BRING BACK ORDINANCE DELETING IAND OWI~TED BY TERRY
HAMILTON EATON ROAD FROM A-40 ZONING AND PLACING IT IN INTERIM M-1 ZONING
Dan Blackstock, County Counsel, stated that in view of the fact
that it was the Board's intent to prohibit residential use in the area, the
M-1 zoning would not allow residential use and would be a better zone than
the underlying A-2 zoning.
It was moved by Supervisor Winston, that the Hamilton property
be deleted from the A-40 zoning.
Motion dies for lack of a second.
Planning to bring back an ordinance later in the meeting to
delete the property from the A-40 zoning and place it in an interim M-1
zoning.
Page 48.
November 1,.1977
November 1, 1977
77-2110 CLARK A. NELSON, COUNTY CLERIC, LAUDS SECRETARY OF STATE, MARCH FONG
EU FOR REIMBURSEMENT TO THE COUNTY FOR COST INCURRED IN POST CARD REGxSTRATION
AND VOTER OUTREACH PROGRAMS
Clark A. Nelson, .County Clerk, reported to the Board regarding
postcard registration and voter outreach programs. The County has received
$40,730 for reimbursement for out of pocket expenses and for outreach.
There is also a reimbursement of $33,000 for data processing charges that
the County would not have received except for the e££orts o£ March Fong
Eu, Secretary of State. This reimbursement is not SB90 funds.
Chairman Richter stated that the Board would like to thank
Secretary of State, March Fong Eu,. for her efforts in obtaining reimbursement
for the counties.
77-2111 AUTHORIZE PURCHASE OF TYPEWRITER - ADMINISTRATIVE OFFICE - APPROVE
TRANSFER OF FUNDS FROM THE RESERVE
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, purchase of a typewriter for the Administrative
Office to replace similar equipment which has become unrepairable at an
estimated cost of $390 with the funding to come from the reserve and
approval of such transfer.
77-2112 APPROVE PURCHASE OF EliEVEN (11) DESKS INTO THE PURCHASING AGENT'S
REVOLVING FUND AND AUTHORIZE ALLOCATION OF FIVE (5) DESKS TO THE WELFARE
DEPARTMEN'P
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, purchase of eleven desks into the purchasing
agent's revolving fund at a cost of $100 each was approve with the
allocation of five desks to the Welfare Department authorized.
77-2113 ADOPT RESOLUTION 77-175: RESOLUTION SETTING Ai~10UNTS OF OFFICIAL
BONDS TO BE EXECUTED BY COUNTY OFFICIALS
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, Resolution 77-176 setting amounts of offical
bonds to be executed by County officials was adopted and the Chairman
authorized to sign.
77-2114 APPROVE 1978 BUTTE COUNTY FAIR BUDGET
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the 1978 Butte County Fair Budget in the amount
of $137,851 revenues, $202,841 expenditures, with an estimated reserve of
$51,058 was approved and the Chairman authorized to sign.
77-2115 AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING A NORTHERN CALIFORNIA
EMERGENCY MEDICAL CA1tE COUNCIL - CONTINUED TO NOVEMBER 8, 1977
Supervisor Winston stated that he was unable to attend the last
Emergency Medical Care Council meeting and would like to have the matter
continued until November 8, 1977.
Amended Joint Exercise of Powers Agreement creating a Northern
California Emergency Medical Care Council was continued to November 8, 1977.
77-2116 APPROVE LETTERS OF INTENT TO SUBMIT PROPOSALS - CCCJ JWENILE JUSTICE
PROGRAM FUND - PARENTAL STRESS PROGRAtyI, FOSTER HOME DEVELOPMEATT AND OPEN
VOICE
Dr. Svihus, Health Director, stated that there is a deadline of
November 1, 1977 for submittal of the letters of intent for the CCCJ
Juvenile Justice Program Fund progosals.
Page 49.
November 1, 1977
November 1, 1977
Chairman Richter stated that he was concerned with the wording
of the letters of intent .and would like to have the matter continued to
next week. Chairman Richter stated that he would like to talk to the
people involved in the programs.
It was moved by Supervisor Madigan, seconded by Supervisor Lemke
the letters of intent to submit proposals to the CCCJ Juvenile Justice
Program Fund were~'approuedSnotbng Ehat the proposals will come back to the
Board for approval with the priority list as: Parental Stress, Foster Home
Development and Open Voice in that order.
David Franko, Open Voice, spoke regarding the Open Voice program.
Mr. Franko stated that there are logs kept for supervising what goes on
at the classes. The log does not contain any names. This is a classroom
type of program. Mr. Franko stated that the group was urged to form this
type of program by the Probation Office and the schools.
Chairman Richter stated that he would like to sit down with
Dr. Maguire, Dr. Svihus and the Open Voice and discuss the programs and
bring the information back to the Board.
Roll call on motion:
AYES: Supervisors Lemke, Madigan, Moseley, Winston and Chairman
Richter.
NOES: None
Motion carries.
Dr. Svihus to meet with Judge Houghton regarding problems with
committments to ltenmar.
77-2117 APPROVE BUDGET TRANSFERS
Oz~ motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, the following budget transfers *aere approved:
B-37 County Service Area No. 26 - Thermalito Sewer. The purpose
of this transfer is to make final Phase I and Phase II budget changes in
accordance with the Thermalito Irrigation District Board of Directors'
letter approved October 20, 1977 and to move unencumbered balances and
unappropriated interest to sewer bond redemption. Within Phase I transfers
$89.99 from appropriation for contingencies to sewer bond and interest.
Within Phase II transfers $215.31 from Administration, $183.92 from engineering
services, $299.08 from right of way, $5,589.74 from structures, $2,825.31
from equipment, and together with the appropriation of revenue interest
totaling $2,913.76; transfer $500 to bond council expense and $11,527.12
to sewer.; bond and interest.
B-38 Public Works - Special Transportation. Transfers $4,380.33
from the Cohasset Road project and $7,619.67 from the Lassen Avenue project,
with $12,000 going to the Forbestown Road project to increase the appropriation
to cover the contract awarded to Robinson Construction Company which was
approved by the Board of Supervisors on August 16, 1977; Minute Order 77-1617.
B-39 Public Wvrks - Special Transportation. Increases the
appropriation of the Forbestown Road project by $26,000 made available from
unanticipated BCAG revenues that represent unused balances of the following
projects: Oroville-Quincy Road, Foothill Boulevard, Manzanita Avenue. This
action was approved by the Butte County Association of Governments on
July 20, 1977.
Page 50.
November 1,.1977
November 1, 1977
B-40 Public Works - Road Construction. Transfers $48,000 from
the road reserve to the Skyway bridge at Butte Creek in order to increase
the appropriation to cover the contract awarded to Butte Creek Rock
Company which was approved by the Board of Supervisors on August 30, 1977,
Minute Order 77-1725.
B-41 Public Works - Special Road. Transfers $17,000 from the
Burnap Avenue project to the North Avenue project in Chico in order to
increase the appropriation to cover the contract awarded to Butte Creek
Rock Company which was approved by the Board of Supervisors on August 23,
1977, Minute Order 77-1b73.
B-42 Public Works - Suecial Transt~ortation. Transfers $10,000
from the Baggett-Marysville Road project (Highway 70 to 5 miles east),
$6,787 from the Dayton-Durham Road project, $7,280 from Lassen-Burnap to
Cohasset project, $581 from the Durham Highway at Highway 99 to Esguon
project, and $352 from the Warner Avenue extension project; thus trans-
ferring a total of $25,000 to the Skyway at Butte Diversion project in
order to increase the appropriation to cover the contract awarded to
Thomas 0. Stewart. Butte County Assaciationoof Governments approval is
pending.
B-43 Public Works. Within special transportation transfers
$4,177.71 from the East First Avenue and Madrone Avenue project and $4,753
from the Warner Avenue extension project, for a total of $8,930.71 to be
transferred to the Bi11e Road and Pentz-Magalia Highway project. Within
the special road account transfers $3,200 from the North Avenue project
to the Bille Road and Peirtz-Magalia Highway project. These transfers
are necessary to increase the appropriation to cover the contract awarded
to Robinson Construction Company. The contract was approved by the Board
of Supervisors on August 23, 1977, Minute order 77-1673.
B-44 Public Works. Within special transportation account transfers
$21,600 fr.Dm_the~.Cohasset~..oyen'lay proj:e¢ai:CO Ord Ferry-.Road project; transfers
__.
$8;300"from•Lassen Avenue (Burnap ,to..Cohass~t.'Road.) and<:$3g900.from River
Road at_ Ord Ferry Roada~for a :total, of ;$12;200 b:engl transferred to-Nelson West
Road project; and transfers $3,OOD from Bennett Road project and $15,000
from Dayton Road at McIntosh project for a total of $18,000 going to the
Hamilton Nord Cana Road project. The purpose of this transfer is to increase
appropriations to cover contract awarded to Butte Creek Rock Company for
lime treatment of various county roads which was approved by the Board of
Supervisors on August 3, 1977, Minute Order 77-1725.
B-46 Grant Matching Requirements. Establishes an appropriation
of $11,560 for salaries and wages and $2,359.95 for employee benefits from
Federal Aid - Community Services Administration to cover the EOC Director's
wages and benefits for the remainder of the 1977-78 Fiscal Year.
B-47 Purchasine. Establishes a $1,394 appropriation for professional
and special services from revenue brought about by the sale of fixed assets
to provide payment for the auctioneer for services rendered at the
September 24, 1977 auction of county property and public guardian estates,
based upon revenues generated from the sale.
77-2118 PUBLIC HEARING: UNTREATED DOY~lESTIC WATER - CONSIDERATION OF ORDINANCE
PROTiIBITING THE ISSUANCE OF BUILDING PERMITS T+]HEN UNTREATED SURFACE WATER
IS ALL THAT IS AVAILABLE FOR DOMESTIC PURPOSES
The public hearing on untreated domestic water and consideration
of an ordinance prohibiting the issuance of building permits when untreated
surface watex is all that is available for domestic purposes was held as
advertised. ~ - ~_. _~~t_~~L~~t, s~ ~,l ~
"kage 51.
November 1 , 1977
November 1, 1977
Bill Turpin, Administrative Analyst representing LAFCo, stated J
that the Board was presented with a recommendation to pass an ordinance
of this nature. This ordinance would bring County policy into some sort
of consistency. The Commission feels that there are significant health
factors involved. LAFCo cannot control water hookups unless annexation
to a special district is involved. Where an individual proposes to take
water from surface sources he is permitted to do so by County ordinance
where he does not annex to a special district. In some cases, an individual
is denied annexation and therefore denied from the ditch. This ordinance
would not affect people who are already on ditch water. This would protect
unsuspectngy~peop~:l; .._wno~ are purchasing property in the areas where
untreated water would be their only source of water.
Discussion of statistics on people who have been harmed by
drinking untreated water had at ~his•.aime.
Howard Toussaint, Sanitarian, stated that a well permit will.
be issued and the building permit will not be issued until a person has
water. There are areas that are highly doubtful as to obtaining water.
The problem is that more people are living along the ditches and they
have septic tanks. This will create a problem with the quality of the
water.
Hearing open to the public. Appearing:
1. Walt Canopy. Mr. Canopy stated that everything in his
area was five acre minimum. This should not present a problem.
2, Bob Camp. Mr. Camp stated that he would like to see a
chlorination system required. A person should be allowed to build
whether he has water or not. If the person wants to truck the water in,
he should be allowed to do so. Mr. Camp stated that he would like to
see the Board consider a purification system rather than the proposed
ordinance.
3. Sandra Elam. Ms. Elam stated that she had been denied
annexation by BCAG and was unable to build an her property. Ms. Elam
stated that their property would have a purification system and if the
proposed ordinance is passed she would be unable to build on her property.
On motian of Supervisor Winston, seconded by Supervisor Lemke
and carried, the consideration of the ordinance was tabled. AYES:
Supervisors Lemke, Madigan, Moseley and Winston. NOES: Chairman
Richter.
Howard Toussaint stated that there is a requirement for
chlorinators and purifiers on the ditch water at the present time.
RECESS: 10:25 a.m;
RECONVENE: 10:30 a.m.
77-2119 PUBLIC HEARING: VINCENT H. DILLEY - PETITIOiV FOR VARIANCE TO PROVISIONS
OF SECTION 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A
MOBILE HOI~ ON AP 27-17-09, DISTRICT CENTER DRIVE. OROVILLE
The public hearing on the Vincent H. Dilley petition for variance
to provisions of Section 19-10 and/or 19-12 of the Butte County Code for
placement of a mobile home on AP 27-17-09, District Center Drive, Oroville
was held as advertised. Howard Toussaint, Sanitarian, stated that the
petition was in order.
Page 52.
November 1, 1977
November 1, 1977
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 petition for variance to provisions of Section
19-10 and/or 19-12 of the Butte County Code for placement of a mobile
home on AP 27-17-09, District Center Drive, Oroville was approved for
Vincent H. Dilley for a period of one year.
77-2120 PUBLIC HEARING: BEN VAN INGEN - APPEAL OF CONDITIONS OF TENTATIVE
SiJBDIVISION MAP, AP 50-01-013, 21 LOTS, LOCATED EAST OF THE SOUTHERN PACIFIC
RAILROAB AND CLARK ROAD CROSSING, PARADISE. - DISCUSSION: REVISIONS OF THE
ZONING ORDINANCE AND THE BUTTE COUNTY GENERAL PLAN
The public hearing on the Ben Van Ingen appeal of conditions of
tentative subdivision map, AY 50-01-013, 21 lots, located east of the
Southern Pacific Railroad and Clark Road crossing, Paradise was held at
this time. Clay Castleberry, Public Works Director, stated that the
appeal was on the conditions for installation of street lights and the
requirement to seek zoning. The property is zoned A-2 at the present time.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
Supervisor Lemke stated that with the high instances of burglary
in the Paradise area he could not vote to eliminate the street lights.
Chairman Richter stated that if a subdivision comes up for
approval in an A-2 zone it should be zoned residential.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, the appeal was denied with condition on zoning
changed to read: apply for zoning to specific residential zoning.
Chairman Richter stated that the time to rezone the property
out of the A-2 zoning is before the buildings are built. The Board should
set a policy that residential zoning should be required for residential
subdivision.
Jim Lawson, Planning Director, stated that this is one of the
problems in the revision to the General Plan. One-third of the Paradise
Irrigation District boundaries is single family zoning. When the property
is zoned A-2 there is a risk of putting in uses with a use permit that
are not residential in nature. If someone buys property in an A-2 zone
then they can apply for a use permit and put in things that are not
residential. The benefits of having an area rezoned at the time of a
parcel split or subdivision map will be beneficial in the long run.
Property is easier to zone when it is not developeda Mr. Lawson stated
that previous Boards have asked that the A-2 zone be eliminated and that
is what his department is trying to do.
Discussed; no action taken.
77-2121 PUBLIC HEARING: REVENUE SHARING PROPOSED USE HEARING UNDER THE DISTRICT
ALLOCATION PROGRAM (DISTRICTS ? AND 3)
The public hearing on the Revenue Sharing proposed uses under the
district allocation program for District 2 and 3 was held as advertised.
Hearing open to the public. Appearing:
Page 53.
November 1, 1977
November 1, 1977
1. Stanley Fortier,~Dayton Area. Mr. Fortier stated that he
would like to see the revenue sharing funds used for bicycle paths and
for pedistrians.
2. Steve Evans, Butte Environmental Council, Inc. of Chico.
Mr. Evans stated that he would like to request that the Board give
consideration to giving revenue sharing funds for the recycling center
on Cherry Street. Mr. Evans stated that this is~a7.volunteer~opei•ation and
receives some funding from the Butte County United Way.
3. Everd McCain. Mr. McCain stated that the Rotary Club would
like to work with the Board on bicycle paths in Chico. Mr. McCain stated
•that he would like to see Revenue Sharing funds used for the bicycle paths.
4. Ann Agenzi, 629 Poplar. Ms. Agenzi stated that she would
like to see the revenue Sharing funds used for sidewalks for the school
ehi-1°dren-. Ms. Agenzi stated that Mr. Castleberry has done a great deal
of work.
Clay Castleberry, Public Works Director, stated that he had
worked with the City of Chico and the School District on the sidewalks.
Mr. Castleberry stated-that there are a number of streets that should
have sidewalks for the children to use. About $240,000 in funds would
take care of the minimum requirements for sidewalks in the unincorporated
area of the County around Chico.
5. Patty Day. Ms. Day stated that she had a petition from
the Citrus School asking that sidewalks be considered.
6. Jo Cusick. Ms. Cusick stated that she would like to see
sidewalks in the Shasta Avenue area.
7. Eleanor Johnson. Ms. Johnson stated that she would like
to see sidewalks installed in the Chico area.
8. Kathleen Powers, Butte County Humane Society. Ms. Powers
stated-that she would like for the Board to consider giving $5,000 from
each district to aid the Humane Society. Ms. Powers set out the background
of the Humane Society.
Hearing closed to the public and confined to the Board.
Chairman Richter stated that the Board should require curbs,
gutters and sidewalks on all projects. This problem would not have
arisen. if the developers had bean required to put the improvements in
when the projects were developed.
Decision on the allocation of funds will be reserved until
all of the hearings have been held regarding this matter.
77-2122 APPEARANCE: STAx~hEY FORTIER
Mr. Fortier stated that he was a local almond grower. Mr.
Fortier stated that the Board had set a hearing for last week to
consider the problems of the herbicides that are destroying the trees.
The Board continued the hearing to November 1, 1977 and then took action
on the matter last weep. Mr. Fortier stated that the Agricultural
Commissioner was aware of the problem and has not done anything about it.
There is a real problem in the Chico area due to the use of herbicides that
have been banned. Mr. Fortier asked-the Board if they would be in
support of placing a ban on the herbicide creating the problems.
Page 54.
November 1,.1977
November 1, 1977
Chairman Richter stated that the Board had not held the hearing
but had referred the matter to the Agricultural Advisory Committee for
their imput in the matter.
The matter is set for hearing November 8, 1977 at 11:15 a..m.
77-2123 APPEARANCE: DAN HUT€.IfR
Mr. Hut~:er.stated that he was an almond grower and he has
been experiencing damage to his trees. Mr. Hutler stated that if people
are going to use MCPA then it should be confined to their property and
not be allowed to penetrate other: property.
77-2124 APPEARANCE: ANN AGENZI
Ms. Agenzi stated that she would like to speak to the Lindo
Channel bike crossing that is on the agenda. Ms. Agenzi stated that
she supported the idea.
77-2125 APPEARANCE: JAvIES HANSEN. OROVILLE
Mr. Hansen stated that the laws have gotten-away from the
constitutional personal property rights. If a person is charged a
tax that is confiscatory, how does a man own that property.
77-2126 APPEARANCE: EMILY FORTIER
Mrs. Fortier stated that she was upset that the Board had
referred the matter of the herbicides to the Agricultural Gommissioner.
The Agxicultural Commissioner is well aware of the problems and the
Board should hear the matter.
77-2127 APPEARANCE: MRS. FORTIER
', Mrs. Fortier stated that there should be a place for joggers
and bicycles to travel that is not on the main roadway.
77-2128 APPEARANCE: -EDITH HAMPTON.~NORD GTANELLA ROAD
Mrs. Hampton stated that there is a problem on the Nord Gianella
', Road. The Road has been damaged by gracklain type of equipment. Mrs.
Hampton set out the different times that the Sheriff's office has cited
the same person for damaging the road. Mrs. Hampton stated that the
problem started in 1972. Mrs. Hampton set out the background of the
correspondence that has been sent to the County. Mrs. Hampton stated
that she would like to see the Board take action on this matter today.
77-2129 ADOPT ORDINANCE 1876: INTERIM ORDINANCE FOR COP~IERCIAL Tl'SE ON
MANGROVE FROM EAST FIRST AVEWE TO FIFTH AVENUE CHICO
Gordon Brown, stated that he owned property on Mangrove and
was unable to place a business there due to the setback requirements
for a use permit. The property is zoned A-2 at the present time.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, Ordinance 1876 interim zoning Mangrove Avenue
from East First to Fifth Avenue, Chico commercial was adapted for a
period of 120 days and the Chairman authorized to sign.
77-2130 APPEARANCE: CAL BACHMAN
Mr. Bachman stated that he would like to have the Board approve
the Brentwood Subdivision final map,
Dan $lackstock, County Counsel, stated that the Board should
not approve a map that is brought in unless it has been cleared by all
of the departments involved. Public Works should place the matter on
the agenda.
Page 55.
November 1, 1977
November 1, 1977
77-2131 REFER MATTER REGARDING NORD GIANELLA ROAD TO COUNSEL TO WOLiK ON
POSSIBLITY OF LAW SUIT
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the matter regarding damage to the Nord Gianella
Road was referred to Counsel to work on the possiblity of a iaw suit
with Mrs. Hampton if he finds that she has graunds for the law suit.
77-2132 APPROVE DISPOSTION PROPOSAL FOR PROPERTY LOCATED AT 2311 D STREET
HOUSING AND COMME7NITY DEVELOPMENT
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, property disposition for 2311 D Street was approved.
77-2133 ADOPT RESOLUTION 77-176: AUTHORIZING SALE OF PROPERTY AT 2650 ELGIN
STREET IN THE AMOUNT OF $500 - HOUSING AND COMt~S1TNITY DEVELOPMENT
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, Resolution 77-176 authorizing sale of property
at 2650 Elgin Street in the amount of $500 was adopted and the Chairman
authorized to sign.
77-2134 APPROVE LETTER OF RESEONSE - HEAD START 1976 YEAR END AUDIT TO
MATSON & ISOM ACCOUNTANCY CORPORATION
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, a letter of re ponse to Head Start 1976 Year End
Audit conducted by Matson and Isom Accountancy Corporation was approved
and the Chairman authorized to sign.
77-2135 APPROVE HEAD START CONTRACT - JERRY JOHNSON - SERVICE WORKSHOP WITH
HEAD START STAFF FOR THE STUDY OF ATTITUDINAL CHANGES OF PARENTS FOR THE
PERIOD OCTOBER 30 THROUGH DECEMBER 30,1977 IN AN AMOUNT NOT TO EXCEED
150
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the Head Start contract with Jerry Johnson to
conduct an in-service workshop with Head Start staff for the study of
attitudinal changes of parents in the Head Start Program for the period
October 30 through December 30, 1977 in an amount not to exceed $150
was approved and the Chairman authorized to sign.
77-2135 APPROVE WORK PLAN TO BE SUBMITTID TO WATER QUALITY CONTROL BOARD -
WASTE WATER PLANNING GRANT WORK PLAN IN THE AMOUNT OF $20,550
On motion of Supervisor Lemke, .seconded by Supervisor Madigan
and unanimously carried, the work plan for Waste Water Planning Grant
to be submitted to Water Quality Control Board was approved.
77-2137 APPROVE PUBLIC WORKS ITEMS
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the following Public Works items were approved:
'. 1. Agreement with. Oroville Bus Lines, subject to approval by
Auditor to fiscal control and Counsel as to legal form for State demonstration
grant with target starting date of November 14, 1977 was approved and the
Chairman authorized to sign.
2. Authorized Auditor to issue warrant in the amount of $5,000
and deposit with Caltrans for performance of certain specialized materials
', testing..
3. Authorized refund of map checking fee to Mel Harrington for
AP 44-052-02.
4. Authorized return of $400 deposit, plus interest to Horace
Crowley for deposit for Craig Recreation Road Assessment District.
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November 1, 1977
November 1, 1977
77-2138 AUTHORIZE LINDO CHANNEL BIKE CROSSING PROJECT - AUTHORIZE DEPARTMEN'P
OF PUBLIC WORKS TO SIGN PERMIT APPLICATIONS AND AUTHORIZE ENVIRONMENTAL
REVTEW OF PROJECT
', Everd McCain stated that the Rotary Club in Chico would like
the Board to approve charting of a bike crossing on Lando Channel.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the Lando Channel Bike crossing project was
authorized; Public Works was authorized to sign permit applications; and
the environmental review was authorized.
77-2139 ADOPT ORDINANCE 1877: INTERIM ZONE ON EATON ROAD TO M-1
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Oxdinance 1877 interim zoning property on Eaton
Road to M-1 for a pexiod of 120 days was adopted and the Chairman authorized
to sign.
77-2140 DISCUSSION - REVISION OF ZONING ORDINANCE AND BUTTE COUNTY GENERAL
PLAN CONTINUED TO NOVEMBER 8 ,1977
I The discussion of the revision of the zoning ordinance and
the Butte County General Plan was continued to November 8, 1977.
77-2141 ADOPT ORDINANCE 1878: ORDINANCE AMENDING SECTION 20-95 OF THE
BUTTE COUNTX CODE
On motion o£ Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, Ordinance 1878 amending Section 20-95 of the
Butte County Code was adopted and the Chairman authorized to sign.
77-2142 APPOINTMENT - CITIZENS ADVISORY TASK FORCE FOR THE BUTTE COUNTY
GENERAL PLAN HOUSING ELEMENT UPDATE
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, Gary Lippincott was appointed a member of the
Citizens Advisory Task Force for the Butte County General Plan Housing
Element Update.
77-2143 ADOPT POLICY AND PROCEDURE MANUAL SECTION 21.0 THROUGH 21.3
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, Policy and Procedure Manual Section 21.0 through
21.3 was adopted.
77-2144 ADOPT ORDINANCE 1879: AMENDING ORDINANCE 1492 DELETING PARCEL FROM
P-Q ZONE ON UPPER HEAL ROAD, PARADISE
Dan Blackstock, County Counsel, stated that one parcel had
', inadvertently been placed in P-Q zoning when PIA expanded. The parcel
should be removed from P=Q zoning and placed back in A-2 zoning.
On motion of Supervisor Lemlce, seconded by Supervisor Moseley
and unanimously carried, Ordinance 1879 deleting a parcel on Upper Neal
Road, Paradise from. the P-Q zone to correct a clerical error was adopted
and the Chairman authorized to sign.
77-2145 APPOINTMENT OF ALTERNATE MEMBER TO THE AGRICULTURAL ADVISORY COMMITTEE
', On motion of Supervisor Madigan, seconded by Supervisor Moseley
and unanimously carried, Donald ~E:'•Murphy=was appointed alterriaCe member
to the Agricultural: Advisor_y~_Committee.
EXECUTIVE SESSION: The Board recessed at 1:05 p<m. for an Executive Sassaon
to discuss litigation.
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November 1, 1977
November 1, 1977
RECONVENE: The Board reconvened at 1:20 p.m. following an Executive Session
to discuss litigation. Instructed Counsel on one matter discussed.
77-2146 AUTHORIZED COUNSEL TO FILE PERMANENT INJUNCTION RE: FEATHER RIVER
MANUFACTURING COMPANY, BANGOR
On motion of Supervisor Winston; seconded by Supervisor Madigan
and unanimously carried, Counsel was authorized to file a permanent
injunction to bar action where the use is not compatible with the zoning
and directed Counsel to file a complaint and does not include authorization
for a preliminary injunction in the matter of the Feather River Manufacturing
Company.
77-2147 ADDITIONAL MATTERSSPRESENTED BY BOARD MEMBERS
Supervisor Lemlee stated Ehat Senator Hayakawa had written regarding
the request for payment from the Iranimns for medical costs. Senator
Hayakawa has asked the State Department to look into the matter.
Supervisor Madigan stated that Acting Governor Dymally had sent
a letter asking for the County to submit names for possible selection to
a Youth Commission. There will be 15 people chosen. The letter does not
state how many names are requested.
Supervisor Madigan will attend the meeting in Redding of the
Board of Directors of the Nine Noxthern Counties in place of Chairman
Richter.
ADJOUR~TMEN'P
There being nothing further before the Board at this time, the
meeting was adjourned at 1:25 p.m. to reconvene on Tuesday, November 8,
1977 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK
-~,~4
~.~G~
Chairman, Board of Supervisors
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November 1, 1977