HomeMy WebLinkAboutM020679February 6, 1979
OF CALIFORNIA )
SS.
OF BUTTE )
79=
^b;
216
Pledge of Allegiance to the Flag of the United States of America
Invocation, by Supervisor Moseley
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, the minutes of January 30, 1979 were approved
as mailed.
217 AUTHORIZE RELIEF FROM ACCOUNTABTLTTY - DATA PROCESSING E UIPMENT INVENTORY
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, relief from accountability in accordance with
Government Code Section 24051 for lost equipment items from Data Processing
equipment inventory-was authorized as listed below:
Asset Date of
Number Description acquisition
4030 I metal table 60 x 20 7/65
4478 1 metal side chair 7/60
w/upholstery
9718 1 wood side chair 7/65
9719 1 wood side chair 7/65
9722 1 wood side chair 7/(5
9723 1 wood side chair 7/65
9724 1 wood side chair 7/65
9728 1 wood side chair 7/65
9731 1 wood side chair 7/65
9732 1 wood side chair 7/65
218 OPT RESOLUTION 79-25 AUTHORIZING ACCEPTANCE OF TWO SURPLUS RADTOS FROM
STATE DEPARTMENT OF FORESTRY AT NO CHARGE - COUNTY FIRE DEPARTMENT
On motion of Supervisor Dolan, seconded by Supervisor Winston
and unanimously carried, Resolution 79-25 authorizing acceptance of two
surplus radios from the State Department of Forestry for the County Fire
epartment at no charge was adopted and the Chairman authorized to sign.
219 UTHORIZE CANCELLATION OF ARCHITECTS AGREEMENT FOR CHICO ANIMAL SHELTER:
PPROVE PAYMENT OF SERVICES PROVIDED TO DATE IN THE AMOUNT OF 224
', On motion of Supervisor Dolan, seconded by Supervisor Winston
nd unanimously carried, the architects agreement for the Chico Animal
helter was authorized to be canceled and payment for services provided
o date in the amount of $224 was approved.
220 ~PPROVE LEASE AGREEMENT FOR CHICO WELFARE OFFICE AT 367 VALLOMBROSA AVENUE
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke.
Clif Nickelson, administrative officer; Dan Blackstock, county counsel; and
Clark A, Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
nd unanimously carried, the lease agreement for the Chico Welfare Department
t 367 Vallombrosa Avenue in the amount of $1,050 per month was approved
nd the Chairman authorized to sign.
Page 110.
February 6, 1979
79- 221
$',
222
February 6, 1979
AUTHORIZE FORMATION OF DATA PROCESSING EXECUTIVE COMMITTEE AND DESIGNATION
OF MEMBERS
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the formation of the Data Processing Executive
Committee was authorized and Supervisor Wheeler was designated Chairman
of Data Processing Executive Committee and Data Processing Users
Committee.
PUBLIC HEARING DATE SET: DISCUSSION: CONSIDERATION OF TRANSFER OF
FUNCTIONS OF SUPERINTENDENT OF SCHOOL TO COUNTY BOARD OF EDUCATION
Discussion of transfer of the Superintendent of Schools function
to the County Board of Education held at this time.
Jim Cook, executive director, BCEA asked that the Board defer
any action on this matter. He is upset with how this has happened. There
was only one person that supported fiscal independence at budget time.
At that time the Board set up a committee to study the matter. In July
it was a shock to BCEA that the Superintendent of Schools had gone to
another agency to have them carry a bill to the legislature that would
take away the employee's benefits, Section 1317 was amended and was
an urgency measure that took effect June 1, 1977. Mr. Cook stated that
on February 14, 1979 he is going to meet with Senator Rodda to try to
get the Section back like i_t was, The reason that the section was amended
was supposedly because it was too costly to set up a merit system. The
employees from the Superintendent of Schools could have been placed under
the county merit systemo BCEA is at an impasse with the Superintendent
of Schoolso The transfer of the eight employees will have more impact on
the employee problems. Mr. Cook negotiated a memorandum of understanding
with the Superintendent of Schools. There are seven clerical employees
and one attorney that would be assumed by the Superintendent of Schools.
Mr. Cook asked who the attorney would be?
Dan BTackstock, county counsel, stated that Section 1317 was
a horror story for the smaller counties. The legislature decided to do
away with the requirement of a civil service commission with a full time
director. It is still permissible for a county Board of Education to
install a civil service commission.
Duane Power, superintendent of schools, stated that this issue
comes in a different manner than before. It has come from the Board of
Education. He felt that he would like ,to see fiscal independence for the
schoolso The Board of Education is aware of the issue. Butte County and
Orange County sought legislation to repeal Section 1317. There are
36 counties in that state that have fiscal.. independence and 22 remain
under the Board of Supervisors, He felt that a merit system was an
undue burden on the taxpayers when they have a system that he felt was
luite adequate, The bill was carried through the Superintendent of
schools assication.
Jim Hi11, Board of Education, stated that if the Board of
supervisors decides that the Superintendent of Schools should have fiscal
Lndependence then this can be taken care of.
A public bearing date of February 27, 1979 at 10:00 a.m. was
yet for consideration of the transfer of functions of the Superintendent
if Schools to the Board of Education.
Page 111.
February 6, 1979
79- 223
224
225
February 6, 1979
APPROVE BUDGET TRANSFERS
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following budget transfers were approved:
B-63 Local Agency Formation Commission. Transfers $5,100 from
the reserve with $5,030 going toward extra help and $70 to employee benefits
to establish an appropriation for the LAFCo local government study in the
Paradise area. This was approved by the Board on January 23, 1979; Minute
Order 79-133.
B-64 Public Works. This transfer establishes an appropriation of
$116,000 to the City of Oroville, Huntoon Street Bridge Project and reduces
the approproation for the following projects: 01d Quincy at Mountain House,
$50,000; Swedes Flat culverts, $20,000; Foothill Blvd. at State Route 162,
$35,000; and Jordan Hill slipout project, $11,000. Funding represents
$11,000 from road and bridge construction and $105,000 from the special
road .fund.
B-65 Federal Revenue Sharing. Transfers $1,122.52 from the
Chico Pnund expansion project with. $98.52 going toward completion of
Chico walkways projects and $1,024 to Gridley Library land acquisition.
The appropriation for the walkways is to cover unanticipated additional
expenditures and to the Gridley Library land acquisition for appraisal
services and escrow closing costs.
B-66 Building and Subdivisions - Administration. Establishes an
appropriation of $250 within special departmental expense to establish an
appropriation for the county~s co-sponsorship of the energy conservation
=onference. The increase will be financed from unanticipated revenue from
=onstruction permits.
B-67 Mental Health/Detox and Building and Grounds Maintenance.
'establishes an appropriation within Detox for the alcohol recovery program
(janitorial) by increasing extra help, $2,000; employee benefits,. $200;
and household expenses, $500 which is to be funded from a resulting
3ecrease in allocated costs received and Mental Health Short-Doyle revenues.
Phis transfer also includes $2,500 from the reserve., to allocated costs
received in order to cover the resulting deficiency in the Building and
#rounds Maintenance budget,
B-68 Housing and Community Development Grant. This is a $5,729.88
ransfer of funds within the 1977-78 HCD program to cover end of grant budget
eficits in various accounts and is within HCD guidelines.
B-69 Refuse Dis,Hosal. Transfers $8,200 from the reserve to
professional and specialized services in order to provide an appropriation
:o cover additional maps, budget deficiency and for new survey as approved
~y the Board on January 16, 1979; Minute Order 79-89.
ASSESSMENT APPEALS HEARINGS AUTHORIZED TO BE SCHEDULED IN CHICO AND OROVILLE
FOR PRE-HEARING CONFERENEE
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
ind unanimously carried, the Assessment Appeals Board pre-hearing conferences
ire to be scheduled in Chico and Oroville.
'OLICY: INSPECTION OF VACANT RENTALS WITHIN THE COMMUNITY DEVELOPMENT
SLOCK GRANT PROGRAM AREAS (HCD)
Larry Brooks, administrative analyst, set out the background
~f the request regarding the inspection of vacant rentals within the
:ommunity Development Block Grant program areas. The problem they are
`aci is when a tenant moves ut of a substandard unit, someone moves
ng gage 112.
February 6,.1979
79-
3
22 6
22 7
22 8
229
230
February 6, 1979
right back into the unit. They are using their resources to eliminate
substandard housing and providing an opportunity for someone to fix the
unit. Tt makes it difficult to negotiate for rehabilitation of the
units when there is always a tenant who will move into the unit. There
are some owners that do not want to participate in the program. He
felt that one way to eliminate the problem would be to have inspections
of rental units when they become vacant so that prior to being reoccupied
the owner will have to correct the health and safety problems. This
would only apply within the program areaso
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, a policy was adopted that in GDBG program areas,
vacant rental units shall be its petted by the county building and health
departments, with a deficiency report delivered to the owner and compliance
assured by re-inspection before re-occupancy. This policy shall be activated
by a specific request, in writing, to the building department by either
the community development office of the county, or a property owner
within the program area.
APPROVE PURCHASE OF TYPEWRTTER STAND FOR OROVILLE HEAD START PROGRAM
EOC
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the purchase of a typewriter stand at a cost of
$48.23 from within existing budgetary appropriations for the Oroville
Head Start Program was approved.
APPROVE RENEWAL OF VARIANCE
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the variance renewal for Sidney Braascb for
Sections 19-10 and/or 19-12 of the Butte County Code for placement of
a mobile home at 8036 Melvina Avenue, Palermo, AP 27-20-051, zoning: A-2
was approved for a period of one year,
PUBLIC HEARING DATES SET
The following public hearing dates were set:
1. A public bearing date of February 20, 1979 at 10:00 a.m.
aas set for consideration of George and Lois Silva petition for variance
to Sections 19-10 and/or 19-12 of the Butte County Code for placement of
3 mobile home at Route 2, Box 44 (Cummings Road) Durham, AP 40-17-104,
zoning: A-5.
2. A public hearing date of February 20, 1979 at 10:00 a.m. was
set for consideration of Thomas and Linda Wells petition for variance to
Sections 19-10 and/or 19-12 of the Butte County Code for placement of a
nobile home at 7080 Lower Wyandotte Road, Oroville,.AP 27-03-17, zoning:
~-5.
AUTHORIZE SUBMISSION OF MATERNAL AND CHILD HEALTH CATEGORICAL ALLOTMENT
1PPLICATION TO THE STATE DEPARTMENT OF HEALTH
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, submission of the 1979-80 Maternal and Child Health
;ategorical Allotment renewal application to the-State Department of Health,
gas approved,
;EJECT CLAIM FOR REFUND OF TA7CES PAID - WILLIAM R. LAWRENCE
On motion of Supervisor Winston, seconded by Supervisor Dolan
nd unanimously carried, the claim for refund of taxes paid by William R.
Lawrence for AP 34-34-06 was rejected.
Page 113. .
February 6,.1979
7~9 231
February 6, 1979
APPROVE RECLASSIFICATION REQUEST FOR SENIOR FRAUD INVESTIGATOR, RANGE 23e5
Bob Crisan; welfare director, stated that in order to continue
efficiently a supervisory position is necessary in addition to the staff
listed. They have an intern from Butte College that works with his office.
There are four investigators and eligibility workers along with clerical
staffs The unit has been located in the Welfare Department since 1976
when it was switched from the Child Support Investigator to the fraud
unit. It was previously in the District Attorney's Officeo During
this pexiod he has had one person who has voluntarily assumed the
supervisory position.
It was moved by Supervisor Wheeler, seconded by Supervisor Moseley
that Mr. Crisan's recommendations be accepted and the investigator at
range 22,0 be reclassified to senior fraud investigator, .range 23.50
Chairman Lemke stated that he would vote for the motion because
of the unit's record. There is no cost to the county for the position,
it comes from state funds.
Supervisor Winston felt that the Board would be flying in the
face of public input. This should not be doneo The Board is creating
another supervisory position, He complimented Mr. Crisan for his
office's efficiency. He felt that this could be done without the change
in classification.
C1if Nickelson, administrative officer, stated that Mr. Crisan
use to have a supervisory investigator and two regular investigators.
At the time that Mr. Rix left, Mr. Crisan wanted to raise the other two
positions to the supervisory level position. This was done with the
understanding that if he ever wanted to go back to a supervisory position
that he would not use it for leap froggingo One of the persons would be
the head and stay in the salary range that is being used at present and
the other two positions would be dropped back to the smaller range as
before. There would be no salary cut, but a possibility of being "Y"
rated, He would not be surprised to see the other investigators from
the District Attorney's Office and Sheriff's Office appear for a salary
increase.
Mr, Crisan stated that the responsibilities Leave changed.
If they were to stay at the same level as in 1976 he would agree that
Range 20.0 would be fines They are now totally involved with criminal
investigation. The supervisory position would be below the position in
the District Attorney's Office and the 5heriff's Office.
Chairman Lemke felt that the money saved and the cases taken
care of would offset the increase in the cost to the unito
Supervisor Winston felt that every department head should `-:
emphasize more efficiency rather than more people or a higher rate of
Pays
sim Rackerby, personnel .director, stated that he did not disagree
with the classification that is being proposed, Right now the supervisory
responsibility rests with Mr, Crisan. He assumed the responisibility when
he eliminated the child support investigator. He now wants to reorganize
the department. The issue that developed when they agreed on the concept
was salary. The position was that the welfare investigator would be paid
more than the family support investigator. The District Attorney felt
that he supported the parody between the investigators. If this Board
was going to take acti.~n lie would li~Ce t cons}~erl tie ef~rect on.t}~e
family support unito a indic~agee ~l~t ~xe wou oo at ~.s positions
Febiuary 6, 1979
79-
b
February 6, 1979
if the reclassification was approved. There could be problems in class.
This will be a policy decision for the Board, The question before the
Board is the issue of the salary. He recommended that if the Board changed
the classification, he suggested that it be overtime exempts
Vote on motion:
232
AXES: Supervisors Moseley, Wheeler and Chairman Lemke
NOES: Supervisors Dolan and Winston
Motion carried.
A salary ordinance will be brought to the Board on the
reclassification.
RECESS: 9:57 a.m.
RECONVENE: 10:07 a.m.
ADOPT ORDINANCE 2001: PUBLIC HEARING: LAKE MADRONE WATER DISTRICT -
PROPOSED NEGATIVE DECLARATION AND REZONE FROM "A-2" (GENERAL) AND "TM-5"
(TIMBER MOUNTAIN - FIVE ACRE PARCELS) TO "R-C" (RESOURCE-CONSERVATION)
PROPERTY LOCATED ALONG BOTH SIDES OF BERRY CREEK, WEST OF OROVILLE-QUINCY
HIGHWAY, ALL CONTAINING 18 ACRES, MORE OR LESS, NORTHEAST OF OROVILI•.E:
ADOPT POLICY TO CONSIDER TIMBER HARVESTING AS AN AGRICULTURAL PURSUIT
The public hearing on the Lake Madrone Water District proposed
negative declaration and rezone from "A-2" (general) and "TM-5" (timber
mountain - five acre parcels) to "R-C" (resource-conservation) property
located along both sides of Berry Creek, west of Oroville-Quincy Highway,.
all containing 18 acres, more or less, northeast of Oroville was held
as advertised.
Earl Nelson, environmental review director, set out tine
background of the negative declaration. The checks are all No. There
will be no significant effects resulting from the change in zoning to
"R-C", which is a restrictive zone. The area affected is below the dam
about two miles long going to Lake Oroville. There is about 70% slope
in the canyon. They recommend a negative declaration.
Bettye Blair, planning director, set out the background of
the rezone. The recommendation is in conformance with the General Plan.
The Planning Commission recommended approval of the rezone. The Board
has received a letter from Minasian, Minasian, Minasian, Spruance and
Baber about the concerns of timber harvesting,
Dan Blackstock, county counsel, stated that the Board should
come out with a policy. decision on the issue of whether timber harvesting
is considered an agricultural puxsuit. By having timber harvesting,
you are conserving resources:
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, finding the proposed project could not have a
significant effect on the environment, a negative declaration was accepted.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, finding the project is consistent with the
environmental impact report and a negative declaration was just filed and
finding the rezone is in the best interest of the public; the rezone
for Lake Madrone Water District from "A-2" (general) and "TM-5" (timber
nountain - five acre parcels) "R-C" (resource conservation) property
~~ge 115.
February 6, 1979
__.
-_ ,
February 6, 1979
79=
a'!
233
located along both sides of Berry Creek, west of Oroville-Quincy Highway,
all containing 18 acres, more or Iess, northeast of Oroville was approved
with the finding that it is in conformance with the General Plan;
Ordinance 2001 was adopted and the Chairman authorized to sign; policy
finding that timber harvesting is considered to be an agricultural pursuit
was adopted.
PUBLIC HEARING: JESUS WEST COAST '79 - DETERMINATION OF WHETHER THE USE OF
PROPERTY FOR THREE DAYS FOR BIBLE TEACHING IS COMPATIBLE WITH AGRICULTUTtAL
USES FOR PROPERTY LOCATED AT T21N, R2E, SECTION 13 MDB&M APPROXIMATELY
1/2 MILE SOUTHEAST OF NEAL ROAD, 2-7,I2 MILES NORTH OF PENTZ ROAD AND 2
MILES NORTHEAST OF HIGHWAY 99, AP 40-12-2 AND 5 FOR PROPERTY UNDER
WILLIAMSON ACT
The public hearing on the Jesus West Coast '79 determination
of whether the use of property for three days for bible teaching is compatible
with agricultural uses for property located at X21 N, R2E, Section I3 MDB&M
approximately 1/2 mile southeast of Neal Road, 2-1/2. miles north of Pentz
Road and 2 miles northeast of Highway 99, AP 40-12-2 and 5 for property
under Williamson Act was held as advertised.
Bettye Blair, planning director, set out the background of
the request. Resolution 68-7 established the procedures for agricultural
preserves and provides hearing may be held to consider uses that may be
compatible with the agricultural preserve. This was determined not
subject to CEQA.
Hearing open to the public. Appearing:
le Drew Argue, coordinator for Jesus West Coast '79. Mr.
Argue stated that he would answer any questions the Board might have
regarding this festivalo The festival will be for three days. They
would be working on the site as much as four to six weeks prior to the
festival and possibly two weeks after. They would attempt to restore
the property as close to the way that they found it. Everything will
be portable except for the roado They are figuring on about 10,000 to
15,000 people attending this festival,
Dan Blackstock, county counsel, stated that he had not had
a chance to review the request. He would presume that this would include
a review by the Health Department. He wandered whether there was anything
mentioned regarding police protection and traffic control, He recommended
that the Board make it clear that this would be for one time onlyo
2. Chuck Stromberg. Mr. Stromberg stated that they have
contacted the Sheriff and have contacted private individuals for providing
security and traffic control. There will be a 24-hour survelliance £or
the food concessions. Enloe Hospital has agreed to make an emergency
vehicle available to them, They have talked to the fire commander to
see about disgatches if necessary. They also have volunteer nurses and
two doctors to staff their first aid station. They are getting a lot
of cooperation within the community. There is a buffer zone of 3-1/2
miles before the traffic comes onto Pentz Road. The CHP have been out
to the scene. There is a major overpass on Pentz Road and Highway 99.
Mr. Stromberg set out the different organizations that he has been in contact
with. those who have done similar types of festivals. They will set
up five tents on the area and also have an arena area. There will be
no alcohol or drugs allowed. They are also working with Butte County
React fora communications center.
Page 116.
February 6, 1979
February 6, 1979
- - _ - _ _ _ ~ _ ~ ~ W ~ W ... _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Robert Schroder, Paradise. Mr. Schroder stated that he
would like to see the Board take favorable action on this request.
4, Abner Anderson „ Chico. Mr. Anderson stated that he was
in favor of the request. He has been helping with the organization of
the program as have many people in the community.
Mr. Blackstock recommended that ,the Board require that the
group meet all of the Health Department requirements. That the group
meet with the Sheriff and deposit sufficient amount of money that the
Sheriff feels is needed for additional staffing. This must be deposited
15 days before the event takes place. That would also include traffic
control. The group should also meet Public Works requirements.
Hearing closed to the public and confined to the Boarde
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, finding that the proposed temporary use falls
within the public service section under compatible uses for the Williamson
Act; the 3esus West Coast '79 request to use property for three days for
bible teaching for AP 40-12-2 and 5 for a gathering to be held June 14
through lb was approved providing that all Butte County Health Department
requirements be met; that the requirements set forth by the Butte County
Sheriff, including but not limited to law enforcement at the site and
traffic control, be met; and that all requirements of Public Works be
met.
2341
APPROVE PUBLIC WORKS ITEMS
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following Public Works. items were approved:
1. Approved county participation in highway lighting at
State Route 70 at Robinson's Corner (Oroville-Gridley Road and Stimpson
Road).
2. Awarded pipe bid 48-79 for Railroad Avenue concrete pipe
replacement (WO 5153) in the amount of $10,984.26 and approved transfer
of funds in the amount of $2,684.26 from the completed Jordan Hi11 Road
project (WO 1937).
3, Approve contract change orders No. 1 and No. 2 for Woodridge
Assessment District as set out below; authorized Chairman to sign said
contract change orders and authorized the Auditor to call in the letter
of credit of payment:
Contract Change Order No. 1 in the increasing amount of $19,127.85
that provides for payment of overrun of contract items at the unit bid price.
Contract Change Order No. 2 in the increasing amount of $3,169.45
for extra work at force account that provides for payment for doing
additional work not shown on the Plans.
4. Accepted the work of Kemen and Son for Woodridge Assessment
District; authorized filing of Notice of Campletition with the Recorder;
and authorized release of performance and labor and materials bond s. and
commence the one year maintenance period,
Page 117.
February 6, 1979
February 6, 1979
79- 235 ADDITIONAL MATTERS PRESENTED BY PUBLIC WORKS
'~ Clay Castleberry, public works director, stated that .Supervisor
', Wheeler had discussed with him the accidents on Hwy 32 at El Monte Avenue.
CALTRANS will be installing left-turn pockets at E1 Monte and Forest
Avenues this summer.
Mr. Castleberry asked for authorization to try to get money
for the Stirling City Railroad acquisition rightrof-way from the railroad
funds, He was so authorized.
236 APPOINTMENT TO BUILDING CODE OF APPEALS
On motion of Chairman Zemke, seconded by Supervisor Moseley
and unanimously carried, Steve Honeycutt, 6788 Clark Road, Paradise was
appointed as a member to the Building Code of Appealso
237 APPROVE LETTER pF OPI+OSITTON TO AIR RESOURCES BOARD CONCERNING ATTEMPT
TO HAVE LOCAL DISTRICTS BEAR BRUNT OF EXPENSES TO BE SENT TO SENATOR
JOHNSON AND ASSEMBLYMEN CRAPPIE AND STATHAM
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, a letter of opposition to Air Resources.Baard
concerning attempt•to have local districts bear brunt of expenses was
authorized to be sent to Senator Johnson and Assemblymen Chappie and
Statham and the Chairman authorized to sign.
238 APPOINTMENT TO THE BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT - DISTRICT 2
CONTINUED TO FEBRUARY l3. I979
The appointment to the Butte County Mosquito Abatement District -
District 2 was continued to February 13, 1979.
239 ADOPT RESOLUTION 79-26 E%EMPTING FROM PROPERTY TAXATION FOR THE 1979-80
FISCAL YEAR PROPERTY 7:N THE COUNTY WITH A FULL uALUE OF LESS THAN $400
Ozt motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, Resolution 79-2b exempting from property taxation
for the 1979-80 fiscal year property in the county with a full value of
less than $400 was adopted and the Chairman authorized to sign.
240 COMMUNICATIONS
City of Oroville. Mayor Sylva writes expressing the city's appreciation
for the assistance given in the replacement of the Huntoon Street
Bridge. Information; no action taken.
Rape Cr--Isis Intervention. The Organization writes indicating their
appreciation for the support and interest shown Rape Crisis
Intervention and the approval of the CETA position.. Information;
no action taken.
Minasian, Minasian, Minasian, Sprunace & Bober, attorneys at law. The
Attorneys write with regard to the proposed rezoning of the area
below the Lake Madrone Dam into a resource conservation zone<
The matter handled earlier in the meeting,
Paradise Municipal Advisory Council. The Council forwards information
concerning their meeting with representatives of L & H International
Development .Company who are proposing construction of a shopping
center located on Skyway, identified as AP 53-03-37, 38 and 39.
Information; no action taken.
Mrs. John Harper, Chico. Mrs. Harper writes concerning the condition of
7th Avenue between Oleander and Laburnum Streets in Chico.
Referred to Public Works,
Page 118.
February 6, 1979
February 6, 1979
79- William G. LeQuire, Paradise. Mr. LeQuire writes in follow up to his
b request for refund of a drainage deposit for his parcel map
in Paradise. Referred to Public Works and Chairman Lemke.
William P. Mace, attorney at law. Mr. Mace, on behalf of Midway Orchards,
forwards information with regard to their concerns in the proposed
Greentree Estates Subdivision praject south of Chico. Information;
no action taken.
241 ADDITIONAL MATTER PRESENTED BY CHAIRMAN LEMKE
Chairman Lemke advised that the Department of Foad.and Agriculture
had done the 1978 MCPA feasibility study which indicates some information
and they are going to try to get more information. He hoped that a copy
of this report would be sent to those orchardists that have appeared
before the Board with concerns regarding MCPA.
RECESS: .10:52 a.m,
RECONVENE: 11:02 a.m.
242 APPEARANCE: GENE MERCER RE: SNOW REMOVAL
Mr. Mercer did not feel. that there should be any money in
the budget for snow removal above Lomo at Butte Meadows or above Stir13_iig
City. Whenever four-wheel drive vehicles are allowed to get above
InSkip they tear the road up and there must be repair made in the spring.
243 APPEARANCE: DR. STUTZMAN RE: HERBICIDE DRIFT PROBLEMS
Dr. Stutzman stated that he has appeared before the Board and
the Agricultural Commission relative to MCPA which has caused damage
in his orchard. He was assured that a study would be taken by the
state to determine if they were having problems. The report was due in
Septembero Now the department was established at Riverside in December
to produce the report. He was informed that the department was understaffed
and had not set up standards. Most of the report was worthless and a
new and better study world be started in July. This will be the point
where the orchard will be damaged. MCPA was found in his pistachio and
almond trees on his orchard. The MCPA is drifting which is a misdemeanor
by state regulations. He wondered what they have to do to have the
chemical controlled as the state Iaw stipulates,
24 APPEARANCE: DAN HUTFLESS RE: HERBICIDE DRIFT PROBLEMS: DIRECT AGRICULTURAL
COMMISSIONER TO CONTACT DEPARTMENT OF FOOD AND AGRICULTURE REQUESTING
AN ON-GOING STUDY AND CONTACTING THE STATE LEGISLATURE FOR FUNDING FOR
THE ON-GOING STUDY
Mr: Hutfless stated that there were two important facts
that was brought out in the report done by the Department of Food and
Agriculture; MCPA is drifting off the target area and it is feasible to
study drift of phemoxy.herbicides in a scientific manner, Monitoring
must be continued, The Department of Food and Agriculture has a state
environmental assessment hazard program, The department is now inviting
requests from interested parties to have areas monitored. He asked that
the Board as an interested party ask that the Department of Food and
Agriculture continue to monitor herbicide drift in Aurham°Dayton and
Honcut. The problem is that they might not have funds available until
July, This is after the spray season. He hoped that the Board could
send a letter to see if funds could be available earlier to monitor the
drift in these areas.
The Agricultural Commissioner was directed to contact the
Department of Food and Agriculture requesting the on-going study and
the State Legislature to be cantacted to seek fr~nding prior to available
funding. Page 119.
February b, 1979
February 6, 1979
- - - - ~ W W ~ ~ ~ ~ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ T G
79- 245 APPEA1tANCE:,BOB PAYNE RE: USE PERMIT REQUIREMENTS FOR SINGLE ROOF AS
'~ OPPOSED TO TWO-STORY COMPLEX
Mr. Payne stated that he would like to have a decision from
the Board regarding Section 24-20D of the Butte County Code. The property
he is interested in is on Lassen Avenue and is zoned "A-R". He applied
for a use permit for twelve units. The complex is six separate buildings.
This would not qualify. He needs an interpretation that a complex under
one roof qualifies. Almost everyone that he has talked to has said that
the "R-3" zone would be appropriate, This is identical to the wording
under the "A-R" zoning.
Mr. Payne advised to meet with Counsel and Planxzing regarding
', this problem.
246 APPEARANCE: GORDON CASAMAJOR RE: ZONING CHANGE
Mro Casamajor stated that the Board of Supervisors some 15
months ago changed the zoning on his property from "A-2" to Interim "A-5".
This was extended in February 1978, The Interim "A-5" took away their
use to aviation. ~He wondered what the Board was going to do.
Dan Blackstock, county counsel, stated that from the description
the interim zoning can only last two years. The question regarding that
property is that the use of the property is somewhat different than the
type of use that now exists. This is major repair for private airplanes
as distinguished from agricultural airplanes.
Bettye Blair, planning director, stated that the property was
originally in an interim area. She felt that at the present time the
property was zoned "A-5". She would have to check on the matter.
Mr< Casamajor stated that changing his property from "A-2" to
another zone in agricultural would not allow aviation. The only zones
that allow aviation are "A-2" and "TM" zoning.
Supervisor Wheeler to work with Mro Casamajor on his groblem.
247 SUPERVISOR W1iEELER AND WINSTON APPOINTED TO WORK ON LAN!? DEVELOPMENT
PROCESS REORGANIZATION STUDY
Supervisors Wheeler and Winston were appointed to work on the
land development process reorganization study,
ADJOETRNMENT
There being nothing further before the Board at this time, the
meeting was adjourned at 11:25 a.m. to reconvene on Tuesday, February 13,
1979 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK-
; RECORDER and ex-officio Clerk
of the Board of Supe//~~rvisors /
By ~ .~L~f~~./ Chairman, Board of Supervisors
Page 120.
February 6, 1979