HomeMy WebLinkAboutM012781January 27, 1981
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OF BUTTE )
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The Board of Supervisors met at 9:00 a. m, pursuant to adjournment.
Present: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Moseley.
Clif Nickelson, administrative officer; Dan Blackstock, county counsel; and
Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Lemke
APPROVAL OF MINUTES
On motion of Supervisor Lemke, seconded by Supervisor Dolan
and unanimously carried, the minutes of January 20, 1981 were approved
as mailed.
On motion of Supervisor Lemke, seconded by Supervisor Dolan
and unanimously carried, the minutes of November 25, 1980, minute order
80-1869 were corrected to reflect that an agreement was approved between
the county and Lake Madrone Water District and the Chairman authorized
to sign.
AUTHORIZE PURCHASING OFFICER TO ACQUIRE MODULAR FURNITURE FOR CETA
ADMINISTRATIVE OFFICE
On motion of Supervisor Lemke, seconded by Supervisor Wheeler
and unanimously carried., the Purchasing Officer was authorized to acquire
the remaining modular furniture for the CETA Administrative Office at an
estimated amount of $17,000 with funding being 100% CETA administrative
money.
WAIVE FIRST READING OF SALARY ORDINANCE AMENDMENT
On motion of Supervisor Dolan, secondedcby Supervisor Lemke
and unanimously carried, the first reading of the salary ordinance amendment
to add three additional Deputy Sheriff positions to the Sheriff's Department
bringing the total to.l5 of the 27 proposed was waived.
AUTHORIZE EXTRA HELP APPOINTMENT - AGRICULTURAL OFFICE
On motion of Supervisor Lemke, seconded by Supervisor Dolan
and unanimously carried, the extra help appointment of typist clerk II at
the "E" step for a period not to exceed ten days for the Agricultural
Office was authorized.
APPROVE REQUESTS FOR PENALTY ABATEMENT
On motion of Supervisor Dolan, seconded by Supervisor Lemke
and unanimously carried, the following requests for penalty abatement
were approved:
1. James A. and Linda M. Conwill, AP 047-10-0-055-0, 056-0,
057-0 and 058--0
2. Rohert 0. and Debra D. Schroeder, AP 053-06-0-018-0
3. Cara L. Combs, AP 041-15-0-0.14-0
4. Michael Carl Weber and Teresa Louise Nichols, AP 042-36-0-002-0
5. John P. Lonsberry, AP 058-17-0-031-0
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January 27, 1981
81- 139 ADOPT POLICY AND PROCEDURE MANUAL SECTION 24.06
v' On motion of Supervisor Dolan, seconded by Supervisor Lemke
and unanimously carried, Policy and Procedure Manual Section 24.06
relative to the inclusion of a conflict of interest provision to the Housing
and.: Community Development Program was adopted.
140 ORDERED DISTRIBUTION OF EXGESS TAX PROCEEDS - AP 47-22-57
On motion of Supervisor Lemke, seconded by Supervisor Dolan
and unanimously carried, distribution of excess tax proceeds for AP 47-22-57
in the amount of $7,844.15 to Southern Adjustment Bureau, Inc. was ordered.
14l APPROVE BUTTE COUNTY FAIR, PHASE III ELECTRICAL PROJECT CONTRACT:
APPROVE PROJECT AS COMPLETE: AND AUTHORIZE PAYMENT TO STOHLMAN ELECTRIC
AND PETERS ENGINEERING
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and unanimously carried, the contract with Stohlman Electric for the
Butte County Fair Phase III electrical project was approved and the
Chairman authorized to sign; Phase III electrical project was approved
as complete; and payment to Stohlman Electric in the amount of $38,200
and Peters Engineering 3n the amount of $480 was authorized.
142 MOTION OF INTENT TO APPROVE VETERANS' HIRING PREFERENCE FOR COUNTY
EXAMCNATIOI3S -COUNSEL TO PREPARE RESOLUTION FOR CONSTDERATION ON
FEBRUARY 3 1981
Jim Rackerby, personnel director, set out the background of
the report on veterans' hiring preference for county examinations.
There was a very good committee working on the recommendations.
Daryl Turner, veterans representative for Butte County CETA,
stated the Department of Labor takes the veterans very seriously. There
are income waivers for veterans with regard to CETA employment. The
• income made in service is waived. The time for being unemployed is
waived if the unemployment is not from the private sector. Veteran
representation with CETA in public service is 18 percent and the OJT
is 24 percent. There is a special outreach for veterans on OJT. There
are a significant number of veterans on-board with CETA programs.
', Supervisor Dolan asked what the percentage was of employment
for veterans with the total number of veterans in county population.
Mr. Rackerby stated there was reference to the county employment
statistics in the report. There are 1,051 employees with 319 reported
veterans. There were a number of others in the Natbnal Guard that are
not included in that number, with is about 30.4 percent of employees
in the regular county work force who are veterans. He was not sure what
the population of veterans were in the total population of the county.
Some time ago he had statistics from EDD saying the number was 11 to 12
percent of the total population. He felt this number would be considerably
higher.
Clif Nickelson, administrative officer, stated that on the
Figures presented if those were broken down the proponents of veterans
would be males. If this was broken down to the work force of males the
percentage would be higher than 30 percent.
Supervisor Dolan stated EDD had a program for disabled veterans.
She wondered if this was having an impact on the employment figures.
She would like a noticed public hearing on this matter. Setting the
preference does effect those that are not going to get the preference.
Supervisor Lemke felt the Board had the necessary information.
This is a request by the vetes-='associations. Those people have given
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of their time and lives and deserve some type of recognition above those
that did not. He was ready to act today.
Bob Potter, BCEA, asked that the Board defer action due to the
fact there are effected groups that would like an opportunity to speak to
the matter. As a representative of BCEA, he shared the Board's concer for
the people that have served the country. He was also concerned for people
not receiving the five point veterans' preference. He felt that the statistics
would show the class would be mostly white males. He felt this could create
inequity. The higher paying jobs are occupied by white males. The clerical
positions are mostly females. There would be many females unable to work
toward advancement if the veterans' preference is instated. He felt there
should be a public hearing. The report spoke to entry, level positions,
An entry level position for one person might be a promotional position
for another person. He felt this was something that effected the meet
and confer process. The statistics for 1977 show a total of 15,910
veterans. On the basis of the statistics, he could not preceive the
pressing need for the five-point preference. He felt Counsel should
research as to whether this was a meet and confer item.
Supervisor Lemke stated Mr. Potter was mixing up a great deal
of politics in this. He is talking about white males and affirmative
action. The five-point preference would go to all veterans. He asked that..
Counsel report to the Board as to whether it was a violation of meet and
confer.
Glen Halsey, Butte County Veterans Council, stated the only
point he would ~.ike to make is this is for the people who served their
country. Only three percent of the armed forces are made up of females.
Many served their country. There was always the opportunity for females
to enter the service. He felt the matter should be looked at and acted
upon. The request is very limiting. It is not a lifetime preference,
it is only good for ten years from the date of discharge.
Supervisor Dolan stated there was a difference between the
females and the males as far as going into the service. Females have the
opportunity to choose to join.
The matter was continued to laterr in the meeting.
APPROVE BUDGET TRANSFERS
On motion of Supervisor Lemke, seconded by Supervisor Wheeler
and unanimously carried, the following budget transfers were approved:
B-97 - Building and Subdivision Inspection - Subdivisien Inspection.
Transfers $3,000 from regular salaries and wages to equipment maintenance
in order to cover greater than anticipated vehicle maintenance costs and
to provide a budgetary appropriation for the balance of the fiscal year.
B-103 = Public Works. Transfers $2,350 from regular salaries to
extra help to provide a budgetary appropriation wherein extra help personnel
were utilized to cover for a position where the emgloyee resigned. Also
transfers $5,000 from regular salaries in Engineering and Administration to
maintenance of structures in the Yards::, and Stores budget to cover a
budgetary deficiency brought about by the replacement of leaking gas lines
in connection with the installation of the new automated gas pumps.
AUTHORIZE ADMTNLSTRATIVE OFFICER TO OBTAIN BIAS FOR DEMOLITON OF DWELLING
APPROVE CONTRACT TO LOWEST QUALIFIED BIDDER - 2523 FT. WAYNE STREET (HCD)
- On motion of Supervisor Dolan, seconded by Supervisor Saraceni
and unanimously carried, the ~lministrative Officer was authorized to
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January 27, 1981
January 27, 1981
gl. obtain bids for the demolition of the dwelling on 2523 Ft. Wayne Street (HCD)
~ and the contract to the lowest qualified bidder under $2,500 was, approved.
145 ACCEPT GRANT AWARD FOR ENERGY CRISIS INTERVENTION PROGRAM - CAA
On motion of Supervisor Lemke, seconded by Supervisor Dolan
and unanimously carried, the grant award from the Community Services
Administration in the amount of $30,000 to operate the Energy Crisis
Intervention Program in the county through September 30, 1981 was accepted
and the Chairman authorized to sign.
146 PUBLIC HEARING DATE SET
A public hearing date of February I7, 1981 at 10:00 a.m. was
set for consideration of Clestel R. Howard petition for variance to
Sections 19-10 and/or 19-12 of the Butte County Code for placement of a
mobile home on AP 72-23-002, 5195 Wyandotte Minters Ranch- Road, Oroville
area. Zoning: "A-5"
147 APPROVE VARIANCE RENEWAL - EVELYN V. LACEY
On motion of Supervisor Wheeler, seconded by Supervisor Lemke
and unanimously carried, the renewal of variance to Sections 19-10 and/or
19-12 of the Butte County Code fo~placement of a mobile home on AP 31-20-3-21,
1942 10th Street, Oroville area, zoning: "AR-M[i"for Evelyn V. Lacey was
approved.
148 ADOPT RESOLUTION 81-21: NOTTCE OF TNTENTTON TO SELL TAX DEEDEA PROPERTY
', On motion of Supervisor Dolan, seconded by Supervisor Lemke
and unanimously carried, Resolution 81-21 giving notice of intention to
sell tax deeded property, six parcels at various minimum amounts, was
adopted and the Chairman authorized to sign.
149 ADOPT RESOLUTION 81-22: APPROVE PUBLIC WORKS ITEMS
On motion of Supervisor Lemke, seconded by Supervisor Saracens
', and unanimously carried, the following items were approved:
1. Approved the Berry Creek Ranch Estates final subdivision
map, 36 lot subdivision, AP 62-21-L22 and AP 71-02-25, property located
at the intersection of Bald Rock Road and Graystone Drive, Serry Creek area;
accepted easements granted for light and air, easements for public utility
purposes (including water, sewer, drainage, electric, gas and communication
facilities}; and the Chairman authorized to sign the subdivision agreement.
2. Approved Kings Little Bald Rock Subdivision final map,
AP 61-32-80, two;,paxee~s,praperty located on the north side of Bean Creek
Road and the east side of Bald Rock Road at their intersection, Bald Rock
area; accepted Bald Rock Road, shown as Area A, in fee simple and not that
Bean Creek Road, shown as Area B, is not accepted at this time; and the
', Chairman authorized to sign the subdivision agreement.
3. Adopted Resolution 81-22 authorizing the loan of $500 to
County Service Area 21 (Oakridge Sewer) from the General Fund to seal a
sewer pond which was not anticipated.
4. Accepted the drainage study prepared by Robert Guth, engineer,
for the Durham area.
150 CLOSED PUBLIC HEARING: 30HN CROWE - APPEAL OF PROPOSED NEGATIVE DECLARATION
AND DENTAL OF TENTATIVE PARCEL MAP, AP 39-27-58, FOUR LOTS, PROPERTY LOCATED
ON THE SOUTH SIDE OF FRONT STREET BETWEEN YOCUM AND GERKE STREETS DAYTON
Tfie closed public hearing for John Crowe appeal of proposed
negative declaration and denial of tentative parcel map, AP 39-27-58, four
lots, property located on the south side of Front Street, between Yocum and
Gerke Streets, Dayton was held as=.continued.
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January 27 , 1981
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Clay Castleberry, public works director, set out the background
~f the appeal. There were two questions, the appeal of the Health Department
requirement on size and the cul-de-sac requirement. He has been advised
the applicant is not appealing the cul-de-sac requirement at this time.
Chairman Moseley advised the Board had received a letter from
Mr. Crowe agreeing to the conditions.
On motion of Supervisor Dolan, seconded by Supervisor Saracens
and unanimously carried, finding the project is in conformity with the
General Plan granting an exception to the well and septic ordinance,
noting the Planning Commission has approved a variance and finding special
circumstances such as location and surrounding area, the tentative parcel
map, AP 39-27-58, four lots, property located on the south side of Front
Street, between Yocum and Gerke Streets, Dayton was approved subject to
the following conditions for John Crowe:
1. Provide two--way traversable access RS-8-LD-TII to each parcel from
a county maintained road or state highway.
2. Show 50 ft. building setback line measured from centerline of access
easement.
3. Indicate a SO ft, building setback from the centerline of Gerke,
Front and Xocum Streets.
4. Show all easements of record on the final map.
5. Provide permanent solution for drainage.
6. Pay off any assessments.
7. Provide cul-de-sac at the end of the street.
8. Obtain encroachment permit for all driveways, new or existing, and
construct to county standards.
9. Pay any delinquent taxes.
0: Provide area for wells and Board approved 50-foot leachfield setback.
L. Destroy under permit the existing well proposed to be abandoned.
2. Comply with all other provisions of subdivision, sewage disposal
and well ordinances.
ADOPT ORDINANCE 2184: REZONING PROPERTIES PURSUANT TO RECENTLY AMENDED
TPZ PROCEDURES - DTAMOND TNTERNATTONAL
On motion of Supervisor Wheeler, .seconded by Supervisor Saracens
and unanimously carried, Ordinance 2184 rezoning from "A-2" (general) to
"TPZ-160" (timber preserve - 160 acre minimum parcels) for two parcels,
AP 59-06-25 and 60-07-13, in the Stirling City and Butte Meadows areas,
formerly solid waste disposal sites, for Diamond Tnternational was
adopted and the Chairman authorized to sign.
PUBLIC HEARING DATE SET
A public hearing date of February 17, 1981 at 10:00 a.m. was
set for consideration of Biggs Red Top Rice Growers extension of interim
"M-1" (light industrial) zone.
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ADOPT RESOLUTION 81-23 & RESOLUTION 81-24 SETTING PUBLIC HEARING DATES FOR
DEWITT HOFFMAN AND KEITH LE VALLEY ABANDONMENT OF PUBLIC UTILITIES EASEMENTS,
PARADISE PINES AREA
On motion of Supervisor Lemke, seconded by Supervisor Dolan
and unanimously carried, the following resolutions were adopted and the
Chairman authorized to sign:
1. Resolution 81-23 setting a public hearing date of March 3,
1981 at 10:00 a.m. for consideration of Dewitt Hoffman abandonment of public
utilties easement, Lot 93, Unit 15, Paradise Pines.
2. Resolution 81-24 setting a public hearing date of March 3,
1981 at 10:00 a.m. for consideration of Keith LeValley abandonment of
public utilities easement, Lot 24, Unit 2, Paradise Pines Country Club.
ADOPT RESOLUTION 81-255SETTING PUBLIC HEARING DATE FOR OLIVER BARNEY
ABANDONMENT OF PUBLIC ROAD RIGHT-OF-WAY, HEWTTT AVENUE, BETWEEN PALERMO
ROAD AND WILLIAMS AVENUE,_PALERMO
On motion of Supervisor Lemke, seconded by Supervisor Dolan
and unanimously carried, Resnlution 81-25 setting a public hearing date
of March 3, 1981 at 10:00 a.m. £or consideration of Oliver Barney abandonment
of public road right-of-way, Hewitt Avenue, between Palermo Road and Williams
Avenue, Palermo was adopted and the Chairman authorized to sign.
ADOPT ORDINANCE 2185: WAIVE SECOND READING OF ORDINANCE AMENDING CHAPTER 1
(AUTHORIZATION OF ENVIRONMENTAL HEALTH DEPARTMENT TO ISSUE CITATIONS FOR
VIOLATIONS OF HEALTH LAWS) AND CHAPTER 21 (MOBILE HOMES SUBJECT TO REAL
PROPERTY TAXATION WILL ALSO BE SUBJECT TO REAL PROPERTY TRANSFER TAX) OF
On motion of Supervisor Saraceni, seconded by Supervisor Lemke
and unanimously carried, the second reading of the ordinance amending
Chapter 1 (authorization of Environmental Health Department to issue
citations for violations of health laws) and Chapter 21 (mobile homes
subject to real property taxation will also be subject to real property
transfer tax) of the Butte County Code was waived.
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, Ordinance 2185 amending Chapter 1 (authorization of Environmental
Health Department to issue citations for violations of health laws) and
Chapter 21 (mobile homes subject to real property taxation will also be
subject to real property transfer tax) of the Butte County Code was adopted
and the Chairman authorized to sign., AYES: Supervisors Dolan, Lemke,
Saraceni and Wheeler. NOES: Chairman Moseley
APPOINTMENT TO AIR POLLUTION HEARING BOARD AND AGRICULTURAL ADVISORY
COMMISSION DISTRICT S - CONTINUED TO FEBRUARY 3, 1981
Consideration of the following appointments was continued to
February 3, 1981:
1. Appointment to the Air Pollution Hearing Board.
2. Appointment to the Agricultural Advisory Commission, District 5
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APPOINTMENTS TO THE BUTTE COUNTY HEALTH PLANNING COUNCIL
On motion of Supervisor Lemke, seconded by Supervisor Wheeler
and unanimously carried, the following were appointed to the Butte County
Health Planning Council:
S. Eldon Cully, consumer
Paul Karlstrom, consumer
Lorrin Ward, consumer
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January 27, 1981
January 27, L981
g1- i~enneth Lang, DDS, provider
~i' Lewis Forbes, consumer
Bryan Minner, consumer
Ed Black, provider
158 APPOINTMENT TO THE COUNTY EMPLOYMENT AND TRAINING ADVISORY COUNCIL (CETAC}
', On motion of Supervisor Dolan, seconded by Supervisor Lemke
and unanimously carried, Rosalie Romero was appointed to the County Employment
and Training Advisory Council (CETAC).
159 APPOTNTMENT TO BUTTE COUNTY FAIR BOARD, DISTRICT 4: APPOINTMENT TO BUTTE
COUNTY FAIR BOARD, DISTRICT 5 - CONTINUED TO FEBRUARY 3, 1981
', On motion of Supervisor Moseley, seconded by Supervisor Saraceni
and unanimously carried, the following were appointed to the Butte County
Fair Board, District 4:
R. R. Cassady
Herbert McClanahan
Appointment to the Butte County Fair Board, District 5 was
', continued to February 3, 19$1.
1b0 CONSIDERATION OF AMENDMENT TO DATA PROCESSING FACILITIES MANAGEMENT AGREEMENT
WITH SXSTEMS AND COMPUTER TECHNOLOGY CORPORATION (S CT) - CONTINUED TO
FEBRUARY 3, 1981
Consideration of the amendment to data processing facilities
management agreement with Systems and Computer Technology Corporation
(S CT) was continued to February 3, 1981.
161 COMMUNICATIONS
Ron Graves and Associates, Oroville. The engineers, on behalf of John
Freeman, write appealing the proposed negative declaration and
denial of tentative parcel map, AP 27-25-05, four lots, groperty
located between Palermo Honcut Highway and Carmel Avenue, south
of Craig Avenue, Palermo area. Set for hearing February 24, 1981
at 10:00 a.m.
Rolls, Anderson and Rolls, Chico. The engineers, on behalf of William E.
Stuve, write appealing condition 10 (provide permanent solution
to drainage) on tentative parcel map, AP 42-03--03, three lots,
property located on the south side of Be11 Road, approximately
4b0 feet west of Cussick Avenue, Chico area. Set for hearing
February 24, 1981 at 10:15_a.m.
Pines Property Owners Association, Tnc. The association writes
requesting that consideration be given to relocating the
Sheriff's substation to the upper ridge area above Magalia.
To be considered at budget time.
Charles Patty, Berry Creek. Mr. Patty writes in opposition to a different
set of building codes for the rural areas of the county. To be
considered later in the meeting.
Judge Ann Rutherford. Judge Rutherford writes giving notice of revoking
her previous offer to donate back pay under Olson vs. Cory to
the county. Administrative Office to acknowledge letter..
Matson and Tsom Accountancy Corporation, Chico. The firm forwards the
audit report for EDA Project ~f~07-O1-02056 (Meyers Street
Assessment District). Information; no action taken..
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State Historical Resources Commission. The commission sends notification
that the St. Johnts Episcopal Church application for listing in
the National Register of Historic Places has been withdrawn.
Information; no action taken.
CSU Chico. Human Services Center. The University forwards a copy of a
proposal abstract for a family life education grant that
they have submitted to the State Department of Health Services.
Information; no action taken.
State Department of Social Services. Marion J. Woods, director, forwards
copies of the California State Social Services Advisory Board
Report on "Refugees" The Challenge of the 80's." Referred
to the Welfare Director for a report back to the Board.
U.S. Department of Labor, Office of the Solicitor. The department writes
requesting information as part of the Office of Administrative
Law Judges order in Case ~k81-CETA/A-21. Information; no action
taken.
RECESS: 9:52 a.m.
RECONVENE: 10:12 a.m.
AUTHORIZE CALL FOR QUOTATIONS TO BE OPENED FRIDAY IN THE PURCHASING
AGENT`S OFFICE RE: JURY MANAGEMENT SYSTEM COMPUTERIZATION
On motion of Supervisor Wheeler, seconded by Supervisor Lemke
and unanimously carried, the call for quotations for the Jury Management
System computerization to be opened Friday in the Purchasing Agent's
Office was authorized.
PUBLIC HEARING: RON HARMON - APPEAL OF ADVISORY AGENCY`S CONDITION 7 ON
TENTATIVE PARCEL MAP, AP 36-50-56, FOUR LOTS, PROPERTY LOCATED ON THE
NORTH SIDE OF OPHTR ROAD AND WEST OF PALERMO-BAGGETT ROAD, OROVILLE AREA
The public hearing on Ron Harmon appeal of Advisory Agency's
condition 7 on tentative parcel mag, AP 36-50-56, four lots, property
located on the north side of Ophir Road and west of Palermo-Baggett
Road, Oroville area was held as advertised.
Clay Castleberry, public works director, set out the background
of the appeal. This is an appeal of the fire requirements. The requirement
is that the water main be extended to serve the industrial property. Since
this is industrial property, they recommended fire hydrants be installed
with the property.
Hearing open to the public. Appearing: Mike Evans, representing
Mr. Harmon. Mr. Evans stated the current topography Af the property is
hillside on the Ophir Road extension. The developer plans to remove as
much of the hillside as he can. If the water lines are requdred at this
time, it would be necessary to put new lines in at a later date. They are
asking that the water line requirement be postponed at this time. The
developer is willing to put in the line when the building is up. This
could be some time in the future.
Mr. Castleberry suggested that the .appeal be sustained with
the requirement being that no development permits be issued until the
fire protection facilities go in. This would be in the form of a note on
the map,
Mr. Evans was agreeable to the note on the map.
Hearing closed to the public and confined to the Board.
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January 27, 1981
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On motion of Supervisor Saraceni, seconded by Supervisor Lemke,
and unanimously carried, the appeal of Ron Harmon to the Advisory Agency's
condition 7 on tentative parcel map, AP 36-50-56, four lots, property
located on the north side of Ophir Road and west of Palermo-Baggett Road,
Oroville area was sustained subject to the placement of a note on the
map that would require fire improvements prior to any building permit.
PUBLIC HEARING: DON HILL AND ROBERT ROULETT APPEAL OF CONDITION ON
TENTATIVE PARCEL MAP: AND NABA STEVENSON APPEAL OF CONDITION ON TENTATIVE
PARCEL MAP
The public hearing on the following was held as advertised:
1. Don Hill and Robert Rowlett appeal of the Advisory Agency's
condition 14 on tentative parcel map, AP 62-07-4-3, twa Lots, property
located on the east side of Bloomer Mountain Road, 1-1/2 miles west of
Oro-Quincy Highway, Bloomer Mountain area.
2. Nada Stevenson - appeal of Advisory Agency's condition 13
on tentative parcel map, AP 62-23-31, two lots, property located 500
feet south of Bald Rock Road, west of Zink Road, Bald Roek area.
Clay Castleberry, public works director, set out the background
of the appeal. He recommended that the Board sustain the appeal due to the
nature of development for both projects.
Hearing open to the public. Appearing: Mike Evans. Mr. Evans
stated the five acre parcel, there was some contention as to whether the
ordinance allowed the recommendation of fire tanks in the rural area,
The Board's policy changed. After clarification, the entire section
was deleted. Due to the nature of the projects, he asked that the Board
go with the fire requirements as presented today. He did not feel any
requirements should be placed on these projects except the removal of
brush.
Hearing closed to the public and confined to the Board.
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Bill Teie, fire warden, stated they are doing a re-evaluation
of all the fire requirements. Ideally, they would like water there. He
would be willing to have the water requirement deleted but would like
the requirement for street names and numbers to remain.
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, the appeals on the following projects were sustained in
deletion of the water requirement only:
1. Don Hi11 and Robert Rowlett appeal of Advisory Agency's
condition 14 on tentative parcel mpa, AP 62-07-4-3, two lots, property
located on the east side of Bloomer Mountain Road, 1-1/2 miles west of
Oro-Quincy Highway, Bloomer Mountain area.
2. Nada Stevenson appeal of Advisory Agency's condition 13 on
tentative parcel map, AP 62-23-31, two lots, property located 500 feet
south of Bald Rock Road, west of Zink Road, Bald Rock area.
~YuEpS• Su e~v~sors Lemke, Saraceni, Wheeler and Chairman Moseley NOES:
PUBL C~HE~NGanMGN FARMS, INC. - APPEAL OF ADVISORY AGENCY'S CONDITIONS 1
~ 5 ON TENTATIVE PARCEL MAP, AP 41-19-17, 41-20-02, 09, ll, 40 AND 51, &
AP 41-23-08, TWELVE PARCELS, PROPERTY LOCATED ON THE EAST SIDE OF STATE
HWY 99, SOUTH OF STATE HIGHWAY 149, SOUTH OF THEIR INTERSECTION FRONTING ON
BOTH, BETWEEN CHICO AND OROVII,LE
The public hearing on MGN Farms, Inc. appeal of Advisory Agency's
conditions 1 and 5 on tentative parcel map, AP 41-19-17, AP 41-20-02, 09,
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January 27, 1981
.7anuary 27,.1981
g~- 11, 40 and 51, and AP 41-23-08, twelve parcels, property located on the
b', east side of State Highway 99, south of State Highway 149, south. of their
', intersection fronting on both, between Chico and Oroville was held as
advertised.
Clay Castleberry, public works director, set out the background
of the appeal. This is the division of a large parcel of land into 40
acre parcels. There are enough parcels to make this a subdivision rather
than a parcel map. The conditions being appealed refer to RS-7 standards.
If this is being done under the parcel map process and this is an
agricultural development rather than a residential development, he suggested
that the conditions be changed from RS-7 standards to RS-B-LD standards..
These are more rural standards.
Hearing open to the public. Appearing: Mike Smith. Mr.
Smith stated the RS-8-LD standards were acceptable. He would like to
see consideration for the lesser standards because this split is 160 acre
parcels.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke ,seconded by Supervisor Saraceni
and unanimously carried, the appeal of MGN Farms, Inc. of the Advisory
Agency's condition 1 and 5 on tentative parcel map, AP 41-19-17, AP 41-20-02,
09, 11, 40 and 51, and AP 41-23-08, twelve parcels, property located on the
east side of State Highway 99, south of State Highway 149, south of their
intersection fronting on both, between Chico and Oroville was sustained
and RS-7 was replaced with RS-B-LD standards.
167 PUBLIC HEARING: RICHARD DE NYSE - APPEAL OF MITIGATION MEASURE 1 ON
CONDITTONAL NEGATIVE DECLARATION AND ADVISORY AGENCY'S CONDITION 8 ON
TENTATIVE PARCEL MAP, AP 34-19-82, TWO LOTS, PROPERTY LOCATED ON THE NORTH
SIDE OF ORO-QUINCY HIGHWAY, BETWEEN GLENN DRIVE AND STATE ROUTE 162,
OROVILLE AREA
The public hearing on Richard DeNyse appeal of mitigation measure 1
on conditional negative declaration and Advisory Agency's condition 8 on
tentative parcel map, AP 34-19-82,,two lots, property located on the north
side of Oro-Quincy Highway, between Glenn Drive and State Route 162, Oroville
', area was held as advertised.
Clay Castleberry, public works director, set out the background
of the appeal. There is an OWID facility between the county road and the
useable part of the property. The Fire Department expressed concern that
', the facility needs to be able to hold fire equipment. The condition is
to put in a structure that would hold the fire equipment. If this facility
was to be abandoned and filled in the structure would not be necessary.
Hearing open to the public. Appearing: Mike Evans. Mr.
Evans stated OWTD has advised them that the facility will be abandoned.
At the present time the district plans to abandon the facility but it is
not a priority. It will be at least one year before the abandonment takes
place. The time for filing the parcel map might have expired by this time.
There is a home on the parcel next to this progerty on the same side of ,the
ditch. He asked that the condition be abolished knowing the situation
will be taken care of at some time in the future.
Mr. Castlebery did not feel that would be the answer. The
Board might want to put a note on the map that the property could not be
used until temporary facilities for fire protection were provided or
the ditch was abandoned. They have a provision for making fire protection
access. He felt that probably a temporary means could be accomplished..
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January 27, 1981
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Bill Teie, fare warddn, stated that if they lay over 200 feet
if hose it is ~sexorbitant as far as fire protection. When using. fire
iydrants there is a different footage used. He was not sure they could
ise their fire equipment effectively if there was not structure for the
equipment to traverse.
Discussion of county liability held at this time. Dan Blackstock,
:ounty counsel, stated it was their position on any liability resulting
From creating or denial of permits is to effect the tort claim action
rives the county exemption: He could not give the Board 100 percent
assurance the court would act in that manner. The Board has standards in
the ordinance that have to be complied with unless the Board wants to
change the ordinance.
Mr. Bvans stated that on parcel 2 the building area is adjacent
to the ditch. The building area is no more than 100. feet from the road.
Phe second parcel's building site is an old fioundation and by it.
It is about 300 feet from the road. There is a little Midge that has
Seen reinforced with 4x10 that has held equipment before. They could
put in access and stay in the alive trees and never have~to >, the
Flume 100 feet from the road.
Mr. Castleberry stated that if this is the case, he would
suggest the Board sustain the appeal on the condition that the development
must have direct access or not be more than 100 feet from a county road.
Mr. Evans asked that the distance be 150 feet from the county
road to be on the safe side.
Mr. Teie had great faith the ditch would be abandoned.before they
had to use a bridge in that area. He supported the compromise. Their
pumpers are in excess of 16 tons.
Mr. Castleberry felt it would be in order to sustain the appeal
on the condition building sites have direct access or not be more than
150 feet from a county road or the ditch be abandoned and filled in.
Hearing closed to the public and confined to the Soard.
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and unanimously carried, finding that although-the proposed project could
have a significant effect on the environment, there will not be a significant
effect in this case because the mitigation measures described below have
been added to the project and a negative declaration is recommended:
1. Building sites to have direct access or not be more than 150 feet
from a county road or the ditch be abandoned and filled in.
2. Design the residential improvements on each parcel such that any
starmwater runoff generated does not use the OWID ditch as a runoff
receptor. Install berms, if necesary, to meet this condition.
On motion of Supervisor Saraceni, seconded by Supervisor Lemke
and unanimously carried, the tentative parcel map, AP 34-19-82, two lots,
property located on the north side of Oro-Quincy Highway, between Glenn
Drive and State Route 162, Oroville area was approved subject to the
following conditions:
1. Building sites to have direct access or not be more than 150 feet
from a county road or the ditch be abandoned and filled in.
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January 27, 1481
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2. Design-the residential improvements on each parcel such that any
stormwater runoff generated does nat use the OWTD ditch as a.runof£
receptor. Install. berms, if necessary, to meet this condition.
3. Show a 100-ft. leachfield setback from the high. water mark of the
stream on Parcels 1 and 2.
4. Either prove the availability of domestic water to each, parcel or
place the statement on the map that there is no evidence that
domestic water is available.
5. Indicate a 50 ft. building setback from the centerline of
Oro Quincy Rd.
6. Show all easements of record on the final map.
7. Pay off any assessments.
8. Obtain encroachment permit for any new driveways.
9. Pay any delinquent taxes.
). Meet the requirements of the Butte County Eire Department and deleting
requirement for upgrade of the board bridge over the OWID ditch and
addition of building sites to have direct access or not be more khan
150 feet from a county road or the ditch be abandoned and f311ed in.
DISCUSSION OF PR
Supervisor Wheeler
the proposed fire ordinance.
public hearing?
DINANCE AND JOINT PLANNING COMMISSION MEETI:
sked if the Board members had been studying
At what time is the Board going to hold a
Supervisor Lemke stated the Planning Commission would. like to
hold another meeting with the Board to discuss direction from the Board.
Possibly the Board could have that meeting on the fire standards first
and joint Elanning Commission meeting. He felt the fire standards should
be taken care of.
Bill Teie, fire warden, stated that all the members of the
have met with his office.
169
**
MOTION OF INTENT TO AMEND PERSONNEL RULES TO ALLOW VETERANS' HIRING
PREFERENCE FOR COUNTY EXAMINATIONS - COUNSEL TO PREPARE RESOLUTION FOR
CONSIBERATION FEBRUARY 3 1981
Dan Blackstock, county counsel, stated the Board would need
a resolution to implement the veterans{ hiring preference for county
examinations. He had several questions as to the actual language of the
resolution. the suggested proposal refers to those persons who served
180 days and were honorably separated from military service. If a person
is still in the reserve they have not been separated. He also questioned
the retirement of a person above the rank of major would not be included.
If a person were still in the reserves and above the rank of major, they
would be eligible for the preference. He wondered if this was what the
Board wanted. He questioned what the rank of major was?
Jim Hayes stated that the rank of major and above are field grade
officers. This would prevent double dipping. Generally these people have
been to college. Most of the VA requirements use the rank of major and
above for limits. It was felt tihat those people would not be needing
the veterans' preference.
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Mr.~Slackstock stated that in his opinion this. was not a meet and
confer item. However, as a courtesy and since the matter would.be brought
back next week, he recommended that the Board direct the Personnel Director
to meet and confer as a matter of courtesy and Bring back -anything, that
was discussed.
It was moved by Supervisor Lemke, seconded by Supervisor Wheeler
that the Board adopt a motion of intent to implement a veterans' hiring
preference for county examinations with County Counsel, Personnel Director
and committee to work out the details and bring Back a resolution; that the
Personnel Director be directed to meet and confer with the empl-oyees'-
representative.
Supervisor Dolan stated that by voting on this motion, the
Board would not be holding a public hearing. She had difficulty with this.
This item was not presented because there was a need or the result of more
veterans. This item came up because the county hired a woman janitor
in the Chico Memorial Ha11. The county has veterans in county employment.
She had problems not because there is the need to provide services But because
this sets preference to a class of people she doubted would be provided
to others. She concurred that £or entry level to be allowed five percent
this could be over the 100 percent grade and women might not be allowed in
the running for certain fobs because of it. There is a problem in the
county of putting women in management positions at the present time.
Vote on motion:
AYES: Sugervisors Lemke, 6araceni, Wheeler and Chairman Moseley
NOES: Supervisor Dolan
Motion carried.
170
APPEARANCE: HAL BROOKS
Mr. Brooks stated he was representing the CJIS administrators.
The Board defended the CJIS program without consulting with the administrators.
He has served on the Data Processing Executive Committee. Working with
the system ~he had made several attempts to make facts known to the Board.
Mr. Brooks did not feel his continued membership on the Data Processing
Committee was desirable. He tendered his resignation from the committee.
He commended the Grand Jury on their interim report and urged the Board
to implement all the recommexldations contained in that report. He asked
if the Board wanted him to submit his resignation in writing?
Supervisor Wheeler stated this was discussed in the executive
committee meeting that was held. She made the comment they will need to have
more people added to the committee. Mx. Brooks was the law enfarcement
representative on that committee. As a user the District Attorney's
Office is not as large as the Sheriff's Department. Since the activity
for total law enforcement has been negated somewhat and the services are
mostly used by the Sheriff's Department, and the committee is made up of
department heads, she submitted that she was acceptable to the resignation.
She would like the Board to look to the possibility of having the Sheriff's
Department on the committee..
It was moved by Supervisor Wheeler, that the Board accept
the nonactivity of the District Attorney on the committee.
Mr. Brooks stated that he was appointed to the committee as
a representative of the CJIS administrators and not as a representative
for the District Attorney's Office. His resignation is as a member of
CJIS and not as a representative of the District Attorney's Office.
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January 27, 1981
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Amended motion:
Supervisor Wheeler amended her motion to solicit the Sheriff's
Office for representation on the Data Processing Executive Committee for
the needs of that particular segment of law enforcement.
Supervisor Dolan stated she could accept Nr. Brooks' resignation.
She had some other concern with the motion. It was her understanding the
committee was moving to a long range glan which needs to include law
enforcement, not just the Sheriff, but entire law enforcement. There must
be some type of CJTS Board. She would rather solicit, rather than one
department doing program, .t law enforcement or criminal justice.
Supervisor Wheeler stated that the Sheriff's wants and warrants
program is going to be one of the biggest programs and should have voting
rights. Lf law enforcement administrators want representation, they should
have .a representative.
Supervisor Lemke felt that both supervisors were right. He
imagined that during development of the long range plan that people would
be added regularly to the committee. The committee is working on the
jury system now.
Vote on motion:
AYES: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman
Moseley
NOES: None
Motion carried.
171
Clif Nickelson, administrative officer, stated that when the
committee was set up, it was set up to be a group of county department
heads. If the Board takes any action in the future the 5heriff's should
be designated as the representative on the committee. The Sheriff could
always send someone to the meetings for him.
APPEARANCE: TONY ANDRONIS
Mr. Andronis stated he had researched over two years of
Board minutes and Data Processing Executive Committee minutes. There has
been proposals for solutions to solve problems when in the effect, the
majority have concurred and other problems have arisen. He commended
the Grand Jury's interim report on data processing. On January 20, 1981
the Board adopted the Grand Jury report. The Data Processing executive
Committee met on January 26, 1981, He observed Supervisor Wheeler and
Mr. Nickelson propose to circumvent the activities discussed by the Board.
He felt the committee was necessary. He felt that the committee's track
record has failed to make the proper progress. He felt that the
request that the leadership be reconstructed was good. It is very easy to
be successful in activities if they are properly planned and maintained.
It is very devastating to the county if the program is not adequately
planned. He felt the leadership has been proven to be inadequate. He requested
that the Board take an active part in the activity. It is also on record
there are alleged personality conflicts. The only conflicts he has
observed is when individuals have expressed different opinions, they were
attacked on a personal basis. He concurred with the Grand Jury report.
He felt the committee needed a change in leadership.
Supervisor Wheeler stated that yesterday. the committee had
met and discussed restructuring of the committee. She will be coming back
to the Board with a recommendation as to priorities and direction from
the Board as to what°: the Board ti+ants the committee to deal with.
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January 27, 1981
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174
175)
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_ January_27,_1981 _ _ _ _ _ _ _ _ _ _ _ _ _
The cammittee discussed the chairmanship and about the possibility of having
another Board member on the committee. Tfie matter of a voting Board member
was discussed. She hoped to come back with a recommendation to the Board.
They will be coming back with a report on February 3, 1981.
Clif Mickelsan, administrative officer, stated that if there is
time, they will also be bringing back comments to the Grand Jury report.
APPROPRIATE FUNDS FROM THE RESERVE AND PLACE IN THE GRAND JURY BUDGET
FOR DATA PROCESSING CONSULTANT FEES
On motion of Supervisor Wheeler, seconded by Supervisor Lemke
and unanimously carried, $11,400 was appropriated from the reserve to
the necessary line item in the Grand Jury budget for the consultant
fees in connection with the Grand Jury report anc2 data processing.
APPEARANCE: BERNICE STANHOPE
Ms. Stanhope stated she was representing the Steering Committee
of the County-wide Land Use Committee. This is a recently, formed committee
to try to solve some of the very prominent problems between urban and.
agricultural areas. There is a membership of 24 persons,. The committee
would like to work with staff, the Planning Commission and the Board on
land use matters. They have a need for materials to work with. The
committee would like copies of the land use element, urban area maps and
other materials.
Ban Blackstock, county counsel, stated that under the Public
Records' Act information has. to be made available. The committee would
have to pay the fee on the material. Tf there is not enough available,
the Board would possibly want to direct another printing.
Bettye Blair, planning director, stated there is ample supply.
The committee's concern was the cost structure.
Mr. Blackstock stated that unless this was an official
committee of the Board, the material could not be given away. The
material would be made available at the price that has been set.
Supervisor Lemke asked that the Land Use Element be placed in
all libraries. He asked that five copies be placed in each library.
ADDITIONAL MATTER PRESENTED BY BOARD MEMBERS
Chairman Moseley stated the Board would b.e discussing the
Nord Dianella Road on February 3, 1981 at 1:30 p.m.
MOTION OF INTENT TO COMPENSATE THE PLANNING COMMISSION FOR COSTS AND
PER DIEM
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and unanimously carried, a motion of intent was made to compensate the
Planning Commission for film and field trips and to. development policy
and restructure for per diem and costs.
ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Chairman Moseley acknowledged the letter from Ed. Raynor in support
o.~ agricultural residential on general parcels
APPOINTMENT TO COMMUNITY ACTION AGENCY BOARD
6n motion of Supervisor Saraceni, seconded by Supervisor Lemke
and unanimously carried, Pat Warren was appointed to the Community Action
Agency Board, District 1.
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January 27, 1481
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January 27, 1981
ADDITIONAL MATTERS PRESENTED BY BOARA 1~lEMBERS
Supervisor Saracens stated fie had been working on the,deer
season as discussed last week. He is getting a lot of information.
He asked for another week to make a report on tfie matter.
Supervisor Lemke submitted a letter from Don Black regarding
this matter. The D2B area is a large area. That has to be considered.
AUTHORTZE LETTER OF COMMENDATION TO THE SHERIFFS DEPARTMENT OFFICER`;OF
THE YEAR FOR THE OROVILLE EXCHANGE CLUB
On motion of Supervisor Saracens, seconded by Supervisor Lemke
and unanimously carried, a letter of commendation to the Sheriff's
Department Officer of the Year for the Oroville Exchange Club was
authorized.
ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Lemke stated he had received a letter from Mrs.
AAA Merle relative to dog licensing.
Supervisor Lemke stated the Board had received comments from
PG&E on the responses for PCB. They have a detailed plan worked out.
RECESS: 11:45 a.m.
RECONVENE: 1:35 p.m.
JOINT MEETING WITH THE OROVILLE CITY COUNCIL TO DISCUSS DEVELOPMENT PROBLEMS
WITHIN OROVILLE GENERAL AREA
The joint meeting with the Oroville City Council to discuss
development problems within Oroville general area was held at this time,
Dave Jinkens, city administrator, stated that as development
has occurred within and out of the city limits in Thermaiito, they have
found the problem of drainage. The city council in 1978 adopted an
ordinance relative to the Dry Creek area. In 1979 the city adopted an
ordinance relative to the drainage in Thermalito. There is $52,000 in
the budget this year. It will cost $85,000 for Grarid` Aveaue and they have
received $30,000 since July, 1979 in revenue. The total costs to the city
in Thermalito is over $b00,000. The Dry Creek. drain is being improved.
The growth problems are creating drainage pressure on the existing
drainage system. The city is the recipient of drainage from the east.
The structures the city authorized are handling the water from numerous
areas from outside the city limits. In the Thermalito area a small portion
of the city is going into the unincorporated area.
Clay Castleberry, public works director, stated he had expressed
concern about the drainage in Thermalito. He held a meeting with several
people relative to this problem in Thermalito including the Thermalito
Action Committee. He has provided the Board with a report of some of his
ideas on the matter. In the present unincorporated area of Thermalito
there are over 800 lots that have been tentatively approved that would
drain to Ruddy Creek area. He did not feel that taking money deposits
solved the problems. He felt that whenever development is proposed that
they either take care of the drainage problems or say no more development
an the existing lots. He felt they needed to form an assessment district
for the capital outlay and a maintenance district for the maintenance.
He set out the two different areas that could be considered, one of which
would be the entire Thermalito area including the city portion.
They have attempted to make cost estimates on these ideas. If they only
include from Tehama north, the cost will be higher per acre than if they
do the entire Thermalito area. He estimated around $2,000 per acre.
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January 27, 1981
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January 27, 1481
The cost of maintenance would iie estimated at $10 to $15 per year. He
suggested that the entire Thermalito area be included for maintenance.
Mayor D'Arcy stated that several years ago both the county and
city created a very good general plan for the entire drainage area.
The area is pretty well laid out. The city is not only concerned with
the Thermalito area but also with the area east o£ Oroville. Since the
city is considering a redevelopment agency possibl~u some of the increments
could be used for the solution to drainage problems. There would then
be money available to work on the problem. He did not .feel the city should
contribute to the area unless that was part of the city. They were
apprehensive of including this in an assessment district. He did not
feel it was fair for those people contributing to the drainage solution
to have to pay for an assessment district.
Mr. Castleberry stated that the people who had already gaid
for drainage during the Sacramento Avenue Assessment District proceedings
were credited with that amount against their assessments.
Supervisor Lemke stated that at the present time the county is
in a bad position with the City of Chico on their redevelopment agency and
the lass of taxes. He hoged the county had learned their Lesson.
Mr. Castleberry stated he-would like to have a decision from
e Board on the alternative before spring. They are hoping to form
retention basin and they need to acquire the property for it. If the basin
not obtained then all structures downstream are too small. He would
t like to replace bridges.
Mayor D'Arcy stated the city is also concerned with working with
the county on developing a plan for the eastern section of Oroville.
This contributes to their Dry Creek watershed. It is getting very
critical. Within the city limits they have a flood plane limit on
Oro Dam Boulevard.
Councilman McCall stated the city has not taken the position of
sing a redevelopment agency in regard to any function yet. They are in
he process of forming a redevelopment agency. The council has taken
stand on the drainage problems. Their ordinance does not require that
person pay for the drainage problem if they have been there for several
ears unless they do improvements totaling $7,500. On Fogg Avenue most
f the people complained about the drainage for about seven years. The
ity started working on it. The problem is about one-half the way to being
olved. This was because of development and they were not putting in
he necessary drains.
Discussion open to the public. Appearing:
1. George Schwindelman. Mr. Schwindelman stated he lived below
ma Avenue. He felt that an assessment district would be a one time
ent on a fifteen year basis. As far as a maintenance district, it
t have to be formed. They had hopes that maybe they could get TID to
in and do the maintenance. If this were done it would be cheaper
having the county do the maintenance. All the drainage is running
Ruddy Creek from this area. If the retention basin is not built and
development is allowed, this will be putting more water into Ruddy
k. He felt the costs were minimal. He felt this should be done before
the building is completed. He felt the assessment district was very
ssary.
2. Evelyne Reeder. NJs. Reeder felt Mr. Castleberry's plans
wrong. She felt this should be an entire unit and everyone pay equally.
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January 27, 1981
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January_27, 1981 _ _ _ _ _ _ _ _ _
Supervisor Lemke asked Ms. Reeder if she was in favor of the
total Ruddy Creek basin plan.
She stated she was. Most of tfie peop3.e at the meeting are from
the north. They all feel the same way.
Mr. Castleberry stated that when he held an informational meeting
last week two or three indicated as Ms. Reeder has that they felt an
assessment district should be fox the entire Thermalito area. He had
proposed including only that area north. If the entire area is incorporated
the fee would be about $13,000 instead of $1,500 if the county only
considered above Tehama Avenue. The reason for the partial area is that
most of the development activity is above that area. He would be .delighted
to see the entire Thermalito area included. Mr. Castleberry set out the
area propoed at this time.
Mr. Castleberry stated he would be happy~to work with the
city on looking at the eastern part of the Oroville area.
Mr. Castleberry stated that in an assessment district the
engineers look at the benefit and costs and make estimates. Different
properties would have different charges. Commercial areas have larger
areas paved and roofed and are generally higher in costs. Single
family units would have a smaller charge per acre.
3. Del Ellis. Ms. Ellis felt that if an assessment district
is to be formed it would be cheaper. If the entire area is not included
drainage from other properties will run through her property. She felt
the entire area should be included.
Councilman Roberts asked what both sides need to do and who
is responsible for it and what is the time line being discussed?
Mr. Castleberry stated that as soon as it is conveni@nt.tfor
his staff they will meet with Mr. Jinkens,to address the concerns. On
the west side as indicated, he hoped to go to the Board offering suggestions.
to move off center and find someone to start the proceedings for assessment
district and askethe city to be included in that portion that drains into
Ruddy Creek. This does not have to be done if there. is no development.
He suggested that TID be invited to do part of the work for maintenance.
Mayor D'Arcy assured the Board the city would cooperate in
whatever., way they can for the benefit of all of them. He does want to
get the eastern section of the area included in any kind of master drainage
plan for the county.
4. A. C. Ryan. Mr. Ryan stated he has never had any trouble
with drainage. He felt the entire watershed should be taken to Ruddy
Creek.
CITY COUNCIL ABSENT AT THIS TIME
DISCUSSION OF DAY OF THANKSGIVING ON JANUARY 29, 1981
Dan Blackstock, county counsel, stated the Congress had passed
a resolution setting January 29, 1981 as a day. of thanksgiving. From
talking to the Personnel Director, he has found out that the federal
employees will ftot be given the day off. The Government Code provides
the granting of a holiday is up to the local entity in these instances.
It was his position that the fact that Congress passed the resolution
and the President signed.it that this is not a day appointed by the
President. It was his advise that the county offices should remain open.
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January 27, 1981 _ _ _ _ _ _ _
ADDITIONAL MATTER PRESENTED BY COUNSEL
Dan Blackstock, county counsel, stated that next week.he would
be bringing in a resolution relative to the filing of conflict of interest
statements. The filing date will be April 1 of each year.
RECESS: 2:48 p.m.
RECONVENE: The Board reconvened at 7:00 p.m. Present; Supervisors Lemke,
Saracens, Wheeler and Chairman Moseley. Dan Blackstock, county
counsel; and Clark A. Nelson, county clerk, by Nancy Wilson,
deputy clerk. Absent: Supervisor Dolan
PUBLIC HEARING: DISCUSSION OF PROPOSED BUILDING CODE FOR LIMITED OWNER
BUILT CABINS AND DWELLINGS IN DESIGNATED RURAL AREAS OF BUTTE COUNTY
("K" CODE)
The public hearing on discussion of proposed building code for
limited owner built cabins and dwellings in designated rural areas of
Butte County ("K" Code) was held as advertised.
Robert Boyden, chairman of the commitee, set out the members
of the committee. They are hoping to obtain suggestions from the public
in order to formulate a recommendation to bring back to the Board. .
Hearing open to the public. Appearing:
*x~*
1. Georgiana Sanders. Ms. Sanders asked for the background of
the "K" Code.
Jim Glanders, public works inspector, set out the background
of the legislation allowing the county to adopt "K" housing codes.
This is not a mandated law and is up to the individual counties. It
is an alternate style of living. There are draft copies of the proposed
code available.
2. Al Appelman. Mr. Appelman stated he would like to address
compost toilets. He set out the background of their origin. They are
less expensive than septic tanks and leach. lines.
SUPERVISOR DOLAN PRESENT AT THIS TIME
Mr. Appelman felt they should be included in the "K" housing
code regulations.
Lynn Vanhart, environmental health. director, stated these toilets
were used in various areas of the state. The reports from these have not
been satisfactory sa far. They do not achieve internal temperatures.
Mx. Appelman stated rodeos use them. It is necessary to get the
bacteria working. They do not heat up properly. Ventilating fans can he
used. The Forest Service has been using this method for years. He felt
there should be a minimum of five acres required for use of the code.
He was in favor of the "K" housing code. He questioned the potable water
quantity. He felt people could carry five gallon containers. He did
not feel 200 gallons was necessary, The quantity would depend on the
size of the family. He was concerned about the cost factor. There should
be a provision E6r the use of recycled materials. He would like to see
the maximum fee be $10. He felt private inspectors could be used. He did
not feel there should have to be inspections.
Supervisor Lemke read into the record a letter received by
Charles Patty regarding his oppVOaieion to the code.
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January 27, 1981
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January 27, 1981
3. Dr, Rollin Berger,, Dr. Berger stated they are working in an
area where there are not many health and safety rules. People are trying
to keep costs down. There are people who work on their own home to keep
the cost down. There are environmentally sensitive people who are trying
to reduce the consumption of resources. ~Possifily the county could allow
a number of experimental fiomes to be built within the regulations. This
could then be sent to a reviewing committee. He will be making a written
report on a survey done of five different building departments. He did
not agree with the five acre minimum. In some areas where this has been
allowed there have been public health problems. He felt the isolation
of five acres would eliminate this type of problem. Japan has faced this
problem in the past. There were problems in Trinity County.
Mr. Appelman stated the people in Trinity County had used
privys rather than compost toilets. He felt the percolation in the areas
of development would be important.
Dr. Berger felt it was important to have percolations tests done.
He felt people would have to be taught how to use compost toilets properly.
4. Joe Schoen. Mr. Schoen was not in favor of the controls that
are now imposed.
5. Homer Miller. Mr. Miller felt that in the code you could
not use the lumber from your property to build your home. There is now
a need for a stamp on the lumber.
6. Roland Wydacon. Mr. Wydacon felt recycled material should
be addressed more. He addressed the issue of electricity. It is a
requirement for building a home. Many people do not want electricity and
should not be required to have it hooked up. There are requirements for
wells and he could not use a spring without having a pipe to bring the
water into the house. He felt ecological matters should be addressed.
If a home was built with recyc]ed material there could be a note glaced on
the deed.
7. Henry Gordon. Mr, Gordon stated that purchased lumber is
not always up to standard. .
8. Charles Slack. Mr. Slack felt the biggest problem with
the current building codes was the cost, He felt there was a permit
for just about everything and it was a hinderance to having a home put
up. He felt fees should be lowered on the proposed code and lesser
inspections have to be made, He felt people should be able to build
their own home.
9, Hank Wallney. Mr. Wallney spoke regarding the letter from
Mr. Patty. He felt rules should be consistent with the rural area.
SUPERVISOR LEMKE ABSENT AT THIS TIME
Mr. Wallney spoke regarding costs and building inspections.
He did not feel they needed an inspection. It could be set out that a
home is built under this code so the next owner would be aware of it.
10. Harold Sullivan. Mr. Sullivan stated he had worked on the
committee. A notice of construction would be included in a recording before
the final inspection and occupancy.
SUPERVISOR LEMKE PRESENT AT THIS TIME.
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January 27, 1981
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January 27, 1981
11. Paul West. Mr. West stated he was familiar with graded and
ungraded lumber: He felt bare bone minimum regulations were no regulations.
He felt the Board had the responsibility to let people pursue .building their
homes as they see fat. He could see some of the regulations were for
protection to buyers. He did not feel this was the real issue. He felt
he should be able to use recycled material. There are violations because
of the number of regulations.
12. Greg Shinn. Mr: Shinn stated he has been building his home
for seven years. Two years ago he filed a certificate stating he was
building his fiome.
Mrs. Sanders stated she was in favor of the proposed codes.
She felt two sets of rules would be a hazard.
13. Dorothy Sullivan. Mrs. Sullivan stated they have been in
the process o£ building their home for four years. Everything is paid
for as they do the work.
14. Mr. Sullivan: Mr. Sullivan stated he was opposed to building
codes and inspectors. He was on the committee.
15. Keith Beemers. Mr. Beemers stated he was a carpenter. The
permits protect him. He felt the cost of land today should insure the
fact anyone who can afford to buy land is going to try to use it to his
best advantage.
SUPERVISOR WHEELER ABSENT AT THIS TIME
Mr. Beemers felt that if a person built a public nuisance, this
could be handled through existing laws. He was able to purchase his
substandard home at a lower price years ago.
RECESS: 8:56 p.m.
RECONVENE: 9:13 p.m.
SUPERVISOR WHEELER PRESENT AT THIS TIME
Mr. Sullivan felt it was more important to determine the
percolation of the property than worry about parcel size.
16. Rhonda Schoens. Mrs. Schoens questioned whether Mr. Patty
who submitted a letter was a Building Tnspector for the county. She felt
the letter should be given the proper weight.
17. Karen Veracruse. Ms. Veracruse felt the committee was
operating in a narrow interest. She Felt other side should be considered.
There are people in agriculture who would not agree~:-with the proposed
code and are close to the line designated for this code. She would like
to see the matter3:referred to the Agricultural Advisory Commission.
The timber interests should be considered. There is concern over pesticides.
ADJOURNMENT
There being nothing further before the Soard at this time, the
meeting was adjourned at 9:41 p.m. to reconvene on Tuesday, February 3, 1981
at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK-
RECO R And ex-officio Clem
f Board of Supervisors
Page 6. rman, oar o perv sors
By
January 27, 1981