HomeMy WebLinkAboutM020778February 7, 1978
STATE OF CALIFORNIA
COUNTY OF BUTTE
SS.
The Board of Supervisors met at 9:00 a.m, pursuant to adjournment.
Present: Supervisors Lemke; Madigan, Moseley and Chairman Winston,
Mike Pyeatt, deputy Administrative Officer; Dan Blackstock, County Counsel;
and Clark A. Nelson, Caunty Clerk, by Margie Catt, assistant clerk of the Board.
Absent: Supervisor Richter
Pledge of allegiance to the Flag of the United St6tes of America.
Invocation by Supervisor Moseley,
78-246 APPROVAL OF MINUTES
On motion of Supervi sor Lemke, seconded by Supervisor Madigan and
carried, the minutes of January 31, 1978 were approved as mailed with the correction
to minute Order 78-205 to change the word change order to purchase order,
On motion of Supervisor Lemke, seconded by Supervisor Mad igan and carried,
the minutes of January 17, 1978 were corrected to change Minute Order 78-135 to change
the appointment of .Supervisor Madigan to the Law Library Trustees to Supervisor Winston.
78-247 COMMUNICATIONS
Mr. and Mrs. Tim Prusia, Chico. Mr, and Mrs. Prusia write concerning proposed
rezoning of land in the Feather Falls area and indicate they are against rezoning
into two and five acre parcels, To be held until .hearing later in the meeting.
Fran Shelton, Chico. Ms. °Shelton writes in opposition to the proposed Waldroop
rezoning proposal. for EI Monte Avenue in Chico, To be held until hearing
set for later in the meetingo
Stanley Fortier, Chicoo Mro Fortier writes concerning herbicide applications.
Discussed; Mike Pyeattto answer letter,
Easter Seal Society. The Society" writes concerning the operation of the Chico
Clipper System and particularly further needs for the systemo Discussed memos ftpm
Director of Public Works in this regard; place matter on next week's agenda,
Marsh, Mastagni and Marsh, Attorneys at Law, The Attorneys, on behalf of Michael
A. Hansen, et al, file a claim in'the amount of $350,000 for general damages
as a result of an accident on the Skyway, See motion following communications,
78-248 REJECT CLAIM OF MICHAEL A. HANSEN, ET AL
On motion of Supervisor Madigan, seconded by Supervisor Moseley and
carried, the claim of Michael Ao Hansen, et al, in the amount of $350,000 for general
damages as a result of an accident on the Skyway was rejected and referred. to ,County
insurance carrier.
78-249 APPROVE VOTER OUTREACH CONTRACT
On motion of Supervisor Lemke, seconded by Supervsaasor Madigan and
carried, the contract with the League of Women Voters to conduct voter outreach in the
areas of Durham, Forest Ranch, Paradise, and northern outlined areas for a sum of
$75 per month which is reimbursable from the State of California was approved and the
Chairman authorized tq sign o
Page 226.
February 7, 1978
_______February_7~ 1978.__________
78-250 APPROVE AGREEMEiNT WITH BIDWELL NATURE CENTER
n motion of Supervisor Lem e, seconded y Supervisor Madigan and
carried, the agreement with Bidwell Nature Center, Inco in the amount of $750 in
building materials for a portion of the interior construction of the nature center
building located in Bidwell Park was approved and'the Chairman authorized to sign,
in accordance with the recomenendatiorp tofu Fish and Game Commission,
78-251 APPROVE BUDGET TRANSFERS
On motion of Supervisor Lemke, seconded by Supervisor Mada:gan and
carried, the following budget transfers were approved:
B-96 Community Action Program -South Oroville Beautification Project M
Establishes appropriation comprised of salaries and wages, $49,223; employee benefits,
$4,192; travel, $1,$00; and consumable supplies, $2,466, Funding for the project
amounts to $57,68) of federal aid (employment and training administration) and the
project is to operate from January I through September 30, 1978.
B-97 Environment6l Reviewo Transfers $1,750 from prior year professional and
specialized services, with $1,600 going toward extra help and $150 to fixed assets
to allow the purchase of a file cabinet and to continue employment of an extra help
typist clerk because of increased work Toad.
78-252 APPROVE CONTRACTS FO R SE NIO R RECREATIONAL PROGRAM A ND FOR HOUSI NG
REHABILITATION
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
carried, the following contracts were approved and the Chairman authorized to sign:
x.
I. Contract with the City of Gridley whereby Gridley proposed funding EOC
in the amount of $6,500 for a senior recreational program with matched funds in the
amount of $2,872 in fees paid by participants in the program, for the period of
January I, 1978 through July 29, 1978, and the Chairman was authorized to sign.
~?. Contract with Fresno EOC whereby $16,000 would be available in funding to
perform major rehabilitation an existing low income structures in the Chapmantown area,
Chico, with Butte County Housing and Community Development funding inr~the
amount of $45,000 would be "T-backed"with EOC $16,000, for a total of $61,000
for rehabilitation projects and the Chairman was authorized to sign.
78-253 APPROVE APPLICATION FOR FAMILY PLANNING CONTRACT
A renewal application for the Family Planning contract has been. prepared in
the amount of $56,804 for the 1978-79 fiscal year.
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
carried, the contract.application for Family Planning was approved and the County
Director of Health was authorized to sign,
78-254 AUTHORIZE CANCELLATION OF CLAIM FOR REFUND OF TAXES: BUTTE PIPE & SUPPLY
On motion of Supervisor Moseley, seconded y Supervisor Madigan and
carried, cancellation of $118.26 penalty on Account No, 07-000656-00, Buttes Pipe
and Supply Co, was authorized.
Page 227.
February 7, 1978
78-255 DENY CLAIM FOR PENALTY.RELIEF-ROBERT Q. HARMON
On motion of Supervisor Madigan, seconded by Supervisor Moseley and
carried, the penalty relief claim filed by Robert Q. Harmon was denied.
78-256 PUBLIC WORKS ITEMS APPROVED
Ori motion of Supervisor Madigan, seconded by Supervisor Lemke and
carried, the following action was taken:
I. Approved refund request of Omar L. Jarvis for $100 refund for
"Application for Determination"which was withdrawn, AP 47-20-52,
2. Approved the final subdivision map, phase three, Northwood Commons
(Renshaw Avenue, Chico}, public utility easements and drainage easements were accepted
and the Chairman was authorized to sign the Subdivision Agreement.
3. Approved the final map of Joshua Tree #I (Joshua Tree Lane, Chico), offers
of dedication for road-and public utility easement accepted and drainage easement acceptedP
and Chairman was authorized to sign.
4. Authorized interim traffic stop for Manzanita Avenue {near Hooker Oak)
under direction of CHP on March 4 for Bidwell classic marathon race.
5. Authorize building inspection change funds, Paradise and Chico, to
es#ablish $25 change fund at each building inspection field office,
b. Authorized notice of cancellation of contract provisions A2 and A3 (actual
building design and construction inspection) for Gridley Library design contract with
Cook Associates.
7. Authorized Public Works to apply for 90% funding for Lassen Avenue
and Esquon Read railroad crossings, which pre on the approved Public Utilities
Commission list for crossing protection funding, and approved County's 10% share
($10,000) from the road reserve.
78-257 APPROVE LETTER RE SACRAMENTO RIVERBANK PROTECTION BETWEEN
ORD FERRY & CRICO LANDING
Public Works requests that Congressman Johnson be asked to assist in
clarifying project authorization -for the east bank stretch of Sacramento River between
Chico Landing and project levee south of Ord Ferry. Clay Castleberry, Director of
Public Works, and Supervisor Madigan hove been working with some of the people.
in the community regarding this matter. Bank protection and flood control work discussed.
Mr, Castleberry requested the Board permission regarding correspondence to Congressman
Harold T, (Bizz} Johnson requesting his assistance in clarification or amending earlier
project authorization which this County believes should have included the east bank of
Sacramento River between the project (eveee at Ord Ferry and Chico Landing.
Board granted Mro Castleberry the authorization to send the fetter to Congressman Johnson.
78-258 BUTTE COUNTY ASSOCIATION OF GOVERNMENTS TO BE REQUESTED NOT TO
APPROVE CALTRANS SIX YEAR PLAN
Pu lic Works requests t e Board#o ask Butte County Association of
Governments not to approve six year plan based on Public Works determination that
the pion does not provide adequate operational improvements for Butte County's
trc.: Page 228,
February 7, 1978
transportation needs. Mr. Castleberry does not feet that this County is getting
a fair shake. o There are onlytwo projects for the next six years. He requested
that he be allowed to ask BCAG nat to approve CALTRANS plan for the next six
years. jf
On motion of Supervisor Madigan, seconded by Supervisor Moseley and
carried, Butte County Association of Governments will be requested not to approve
CALTRANS six year plan, as recommended by Director of Public Works..
Chairman Winston appointed Supervisors Madigan and Lemke as q
committee to .meet with Director of Public Warks and arrange a meeting with
CALTRANS to discuss their project plan.
78-259 ADO P.T. RESOLUTLON Z8-29 .INCLUDING NEW MAP INTO LAND USE ELEMENTOF
BUTTE COUNTY GENERAL PLAN
Planning staff has prepared a larger scale blowup of the existing land use
plan map for the Paradise area. There is no change in the make up of the map and
would in no way amend the General Plan.
On motion of Supervisor Lemke, seconded by Supervisor Moseley pad
carried, Resolution 78-29 including the new map into the land use element of the
Butte County General Plan was adopted and the Chairman authorized to sign.
Supervisor Lemke said he would like to have Earl Nelson and Jim
Lawson at the Public Lands Protection meeting to be held Friday in Orovifle.
78-260 APPROVE APPOINTMENT TO ALCOHOL ADVISORY BOARD/CITIZENS
ADVISORY COMMITTEE ON DRUG ABUSE
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
carried, Alfred Karger, 325 E. Lassen Avenue, Chico was appointed member of the
Alcohol Advisory Board/Citizens Advisory Committee on Drug Abuse„ as the
general public representative,
78-2b1 APPROVE APPOINTMENTS TO BIKE STUDY COMMITTEE IN PARADISE
Supervisor Lemke appointed the following as mem ers of t e Bi a Study
Committee in Paradise:
L, Burgess Thorup, 746 Brook Haven, Paradise 8774.22$
Hans Wilkes, 5969 Pine View Drive, Paradise .877-Ob79
Dr, Harvey Parrot, 690 Brook Haven, Paradise 877-2112
Ken Hutchison, 342 Rankin Way, Paradise 877-9515
78-262 APPROVE CONTRACT WITH DE SABLA VOLUNTEER FIRE_DEPARTMENT:
SUPPLIITS & MATERIALS AS PART OF DISTRICT #5 REVENUE SHARING FUND ALLOCATIC
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
carried, the agreement with DeSabla Volunteer Fire Department in the amount of
$16,500 for supplies and materials as part of the District #5 revenue sharing fund
allocation was tpproved and the Chairman authorized to sign.
Page 229.
February 7, 1978
78-263--REQUESI.OF. SIERRA -DEL_O RO_ HO-MEO WNE RS ASSN._WAIVE ENVIRONMENT
ASSESSMENT FEE: PUT OVER TWO WEEKS
Request of Sierra De Oro Homeowners Assn. to waive errvi;ronment
assessmen# fee was put over two weeks at request of Supervisor Lemke,
78-2fi4 ADOPT SEC. 41.01 POLICY AND PROCiRDURE MANUAL
On motion of Supervisor Lem e, se conded y Supervisor Moseley and
carried; Sec. 41,01 Snow Plow Policy, Policy and Procedure Manual,. was
adopted .
78-265 CONTLNUED HEARING: NOTICE OF INTENTION TO PURCHASE REAL PROPERTY
FOR PARKING LOT, OROVILLE
e-continued easing on notice of intention to purchase real property
described as a portion of AP 12-096-02, located on the northeast corner of High
Street and Huntoon in Oroville, for the purpose of a parking lot, was held at this
times The project has been given a categorical exemption, Chairman Winston
reropened the hearing for the pyblic at this time. Appearing:
I. Clay D'Arcy, Oroville City Councilman, asked the Board if it
was their intention to have a parking lat for the county employees. Parking in
the city lots places a burden on the City. We requested the Board to have parking
provided for the county employees.
2. Pat Casey, assistant supt. of schools, stated they would be using
the County Administrative Building when the County moved to the new Administrative
Building. He hoped that there would be adequate parking for their employees.
3. Richard Chamberlairrexpressed his concern on behalf of the
merchants in downtown cOraville. The present parking facility only solves a small
part of the problem; the County employees spill over into the city parking Lots,
Hearing closed at this time and the matter wi I I be discussed on-the
Board level following the 11:00 o'clock hearings.
78-266 PUBLIC NEARING: CMR TAXPAYERS ASSN. INC.-NEGATIVE DECLARATION
AND REZONE, SOUTH OF MIDDLE FORK OF LAKE OROVILLE, NORTH OF
SOUTH FORK OF LAKE OROVILLE & WEST OF TOWNSITE OF FEATHER FALLS
The pu lic hearing on t e CMR Taxpayers Assn. Inc. for the negative
declaration and rezone from "A-2" (general) to "C-I " (light commercial), "TM-5 ",
"TM-10"and "TM-20" (timber mountain, 5, 10 and 20 acre parcels) "FH-RR-2",
"FH~-RR~5" (foothill-rural residential, 2 and 5 acre parcels) property located south
of the Middle Fork. of Lake Oroville, north of the South Fork of Lake Oroville and
west of the. Towns~iz of Feather Falls, containing 12 square miles, more or less,
was held as advertisedo
It is to be noted that a negative declaration has already been adopted
by the Board for this project. Del Siemsen, deputy county counsel, requested that
the Board go through the negative declaration hearing again and make a determination.
The Board should review it and make sure this is the appropriate decision to make.
Request of Mr. Siemsen discussed.
On motion of SupervisQ~~l~1o~(',ey, seconded by Supervisor Lemke and carried,
' Page 2300 February 7, 1978
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the Board re-affirmed their action taken on November 15, 1977 and found that
the proposed project could not have a significant effect on the environment, and
that a negative declaration is recommended,
Hearing opened on the rezoning at this timed
Appearing
I. Mr. Robert Byus, 7530 Feather Falls Star Route, Lumpkin Road,
Oroville, stated he was president of the CMR Taxpayers Association, Inc.
He explained the action being requested; the people do not wish 'to develop the
area.
2a Bruno Wojcik, 7475 Feather Falls Star f~Ppute, Lumpkin Road, Oroville,
secretary-treasurer of the Association, further explained- their requests. This
group is a registered tax association. They have signed petitions and proxies from
70% of the. property owners in the area. They- represent over 315 landowner groups.
Boundaries of the rezoning set out. He requested that the Board accept their .
recommendations for this rezone. The C-I parcels set out; they request that the
two commercial operations be allowed to remain,
Speaking for the opposition:
I. Mrs. Leslie Stiles, Feather Falls Star Route, speaking for many-
of the landowner residents of that area. Her request was,that the Board
reconsider the proposal before the Board cat this time. Letters from landowners
read. Mrs. Stiles set up a map and set out the areas that are zoned. There are -
steep areas that she feels have been, mis-zoned, Most of -the property in that
area is owned by absentee owners.
2. John Luvaa~, attorney at law, represented some of the landowners
in fihe area.,. seY out the opposition of the property owners he represents. They
oppose the-proposed rezoning. They do not want to be restricted in the use of
their land. Most of the people he represents desire to keep their land in tact.
Property rights of these people set out. His clients are long time residents of the
area; they live here and pay taxes and spend their money in Butte County.
Mr, Luvicews`asked what the 50 acres of commercial zoning in. the middle
of the zoning was being considered for; what would it be used far in the futureo
It is his feeling that this rezoning would be contrary to 'the General Plan and the
Board should re~,onsider the rezone.
Chairman. Winston stated that this Board is very anxious to arrive at some;
zoning proprosa! that~~wo~l~3}h~ acceptable for the area. He stated ihtt~at a lot of
study has gone into the proposed rezoning. At the present time, most of the .area
is under A-2 zoning so more restrictive zoninglhas to be adopted to protect .the
area. Chairman Winston said that before an agreement is reached on the zoning
for that area, he would hope that the opposition and those requesting this rezoning
would meet and come back with an agreement that each could live with. He urged
that one last effort be made and emulate the differences that has been shown at this
meetings He requested that the CMR people meet with the opposition and came
back with some type zoning that will be agreeable to all the people.
,Page 231.
February 7, 1978
Mr. Luvaas stated that the property owners could meet with the CMR group:.
Mr. Lawson suggested that a neutral site be set for the meeting place of these groups.
A meeting wil'I be scheduled for the Boardroom, at a date to be selected by both sides.
Hearing continued to March 14, f978 at 9:30 a.m„ at which time the hearing
will be reropened to hear the results of the above mentioned- meeting. .
RECESS: 10:35 a.m.
RECONVENED: 10:45 a.m.
78-267 PUBLViti HEARING: MICHAEL CHUBB-APPEAL CONDITION #7 ON TENTATIVE
PARCEh MAP, MISSION OLIVE ROAD, SOUTH OF OROVILLE
The public hearing on the Michael Chubb appeal of condition #7 on
tentative parcel map, AP 28-19-59, Mission Olive Road, approximately 5,500 feet
southeast of Dunstone Drive in Wyandotte area, south of Oroville was held. Background
of the appeal was set out by Clay Castleberry, Director of Public Works. The County is
not questioning the improvements on the road but a dedication of a radius returno
Hearing opened to the public. Appearing:
l o Bill Geddis. He stated that the owner and the engineers recognize that there
is a need to soften fihe curve. The County has requested a little over a one'half acre strip
and they are requesting that the County staff shorten the radius of the curve._ ...Request
explained. Mr. Castleberry stated that the 300' radius ways a compromise, This. dedication
to the County would leave about one-fourth to one-half acre of the owner's property across
the street and would serve no purpose.to anyone,
Hearing closed to the public and confined to the Board.
Dedication of the rightrof-way discussed.
On motion of Supervisor Madigan, seconded by Supervisor Lemke and
carried, appeal of Michael Chubb of condition #7 on tentative parcel map, Mission Olive
Road, south of Oroville (AP 28-19-59) denied.
AYES: Supervisors Lemke, Madigan,. and Chairman Winston
NOES: Supervisor Ivbseley
ABSENT: Supervisor Richter.
78-268 PUBLIC HEARING: CORINNE RUTH WALDROOP-NEGATIVE DECLARATION AND
REZONE.FROM "SR-I" TO "S-R", WEST SIDE OF EL MONTE AVE., CHICO
The pu lic hearing on the Corinne Ruth Waldroop negative declaration and
rezone from "SR-I " (suburban-residential, I acre parcels) to "S-R" (suburban-residential,
minimum size parcels) property located on the west side of EI Monte Avenue, approximately
1~4 mile north of State Highway 32, identified as AP 46-26-155, containing 5.23 acres,
more or less, Chico, was held as advertised. Mr. Earl Nelson stated that a negative
declaration has been adopted so no action is necessary. A previous hearing has been held
by this Board, then a new hearing was set. Planning Commission recommended denial of
the rezoning as there was a great deal of opposition to the rezone expressed"by the
people in the neighborhood.
Hearing opened to the public. Appearing:
I. Cal Bachman, Chico. He explained the request for rezoning. The property
Page 232.
February 7, 1978
~~Febrs~gr~cZ,=I V$________________
owner would like to create one~half acre parcels; they do not feel they should have
to put in drainage for the neighborhood.
2. Lola Storrie, Rt. 5, Box 90, representing the property owners of .El
Monte Avenue. They oppose the rezoning. She stated that there were many people
present at this hearing in opposition to the rezoning. They requested that the
rezoning be denied.
3, i(Corinne Waldroop, applicant, She stated that they had purchased
the property 20 years ago. They desire to create half-acre parcelsa She urged the
Board to approve the reione..
Hearing closed to the public and confined to the Board,
Chairman Winston questioned Mr. Castleberry about the drainage problem,
Qn motion of Supervisor Madigan, seconded by Supervisor Lemke and
carried, the Board re-affirmed their previous action and denied the appeal of'Corinne
Waldroop.
78-269 PUBLIC HEARING: SCOTT RUPP-APPEAL OF ADVISORY AGENCY'S CONDITIONS #) anc
#5 ON TENTATIVE .PARCEL MAP, AP 3E-212-16, THREE LOTS, NORTH SIDE OF GRAND
AVENUE;-0ROVILLE
The public hearing on the Scott Rupp appeal of Advisory Agency's conditions
#I and #5 on a tentative parcel map, AP 31-212-16, three lots, north side of Grand
Avenue, approximately 200 feet west of Sixth Street, Oroville, was held at this timed
Mr. Castleberry set out the area involved. It is about-one block from the city limits
of Oroville. It is Mr. Castleberry's feeling that the applicant should put in the ..,_
street improvements. The second condition was for a permanent drainage system.
Mr. Castleberry suggested that the applicant put up the money for the street improvements
and, the drainage. The County wiGl know the answers regarding the drainage problem
within the next two or three months. He cannot say at this time what the applicant's
share of the drainage costs would be.
Hearing opened to the public. Appearing:
I. Bill Geddis, Oroville, He stated that Mr. Castleberry had covered
the situation wello ,His client does not object to the posting of the cash with
Public Works for the street improvements but they feel that the posting of cash for
the drainage should be deferred.
Mr. Castleberry agreed that the County could accept the deposit for
the street improvements and postpone the drainage problem for the present time,.
Hearing closed to the public and confined to the Boards
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
carried, the appeal of ASna'$tac~~`p.~afAdvi~®r~iAaency's conditions #1 and #5 on a
tentative parcel map, AP 31-212-f6, three tots, north side- of Grand Avenue,
approximately 200-feet west of Sixth Street, Oroville, was denied, with the
understanding that the Board will accept the developer's deposit for the urban
improvements and that they will, postpone the requirement for the permanent drainage
plan until such time as the drainage study for the area has been completed.
-Page 233.
February 7, 1978
_________________ Februar~7~„1978=====___________
78-270 PUBLIC HEARING: E. M. BURGESS APPEAL OF REQUIREMENT OF AN EIR
-ON.~ RF7nNING..FAO-M..A-2.to-C-2,_AP._65.-47-15..aad16.,_.EAST_SII~.E_OF.SI<YWAY,
300 FEET NORTH OF INDIAN DRIVE, MAGALIA (CONTINLIED FROM l/31/78)
The public hearing on the E. M, Burgess appeal of requirement of an EIR
on a rezoning from A-2 to C-2, AP 66-47-15 and 16,-east side of Skyway, 300 feet
north of Indian Drive, Magalia was held as continued. from the meeting of January 31,
1978. Mr. Nelson has sent the Board members a memo concerning this matter.
The uses that. surround the property is commercial on two sides. and an the other
corner is the fire house. Uses of the property in the area set out and discussed.
The frontage of the property is logically a commercial sited
Hearing re-opened to the appeal , Appearing:
I, E. M. Burgess. He set out the background of the appeal, It is his
feeling that the land should be C-2 automatically as set out in the Land Use Plan,
Hearing closed to the public and confined to the Board.
It was moved by Supervisor Lemke and seconded by Supervisor Moseley
that although the proposed project could have a significant effect on the environment,
there will not be a significant effect irarid~thatsa beganve~ileafi~aration~be-~re:commended,
~s~scribecl,~a:. -
Notion discussed; motion withdrawn at this time, Supervisor.Lemke
asked if Mr: Burgess would 6e willing to submit a P.A.C. request for zoning.. This
would be a cluster,
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
carried, it was found that the proposed project could not have a significant effect
on the environment, and a negative declaration is recommended.
78-271 APPEARANCE: STANLEY FORTIER, DURHAM
Mr. Fortier askeet if the Board had serif their letter to Mr. Joe Bandy,
Ag Commissianer. He went to the Ag Department today and they have not received
the letter from the Board. Mike .Pyeatt stated he had dictated a memo to Mr. Bendy
regarding this matter. Mr. Fortier said he would like to have a copy of the memo.
Mr. Fortier stated he had sought a variance to bum an February Ist.
He requested a variance to burn his. brush and the variance was denied. He would
like a resolution for the farmers and tree crop growers to be able to burn brush
at their discretion, and when they deem it is proper. Mro Fortier stated he is a
typical agricultural operator raising almonds. It is his feeling that this County is
trying to make this County a heavy industrial, waste land. He recommended an air
pollution-monitor.
Chairman Winston stated that the Board would direct a letter to Mr. Bandy
to investigate the Oregon, device. He said that agriculture is a prime interest
to the County. Mr, Pyeatt will write a memo to Mro Bandy.
78-272 FRANK COSTELLO, HURLETO N-SWEDES FLAT ROAD
Mr. Costello stated that Supervisor Lemke and Chairman Winston were
to meet with Mr. Pei:rcce regarding road improvements to Swedes Flat Road. Since
fast week, there haslbeen no reply from the County regarding these improvements.
Supervisor Lemke stated that Mr. Peirce did cal! him but Supervisor Richter is out
Page 234a
February 7, l978
of town and it will be a week or so before they can get together and go and look at
the road,
Mr. Costello said their committee was searching the fine fund that was
collected for the' illegal split#ing of land in that area. The money should be in n
fund and should be able to be used to help improve this road.. Supervisor Moseley
stated she would go with the rest of the Board members to tour the road.
Mr, Costello thanked Public Works Department for their recent efforts to
improve, the road; their efforts did not go unnoticed.
78-273 _APPEARA~VCE: MIKE GLAZE, OROVILLE
Mike Glaze, Oroville, stated he would soon be filing petitions for the
position of County Recorder. He is trying to protect his interest as a candidate; he
presented to the Board members and the press copies of his statement. The people of
'the County will be requested to make a decision regarding a charter change on the
June ballot. While the people are electing a person to the office of County Recorder,
they are also Voting to do away with the office, It is his feelie~g that the voters should
know what they are voting for. The Board's intent should be set out in full. Chairman
Winston stated that it was his intent that the offices of County Clerk and the County
Recorder be combined and that it would be an elective position. County Counsel
explained. how the ballot would carry the statement concerning the office of County
Recorder,
-274 APPEARANCE: ~i~::~~1ES H,4NSEN, OROVILLE
Mr. James Hansen, Oroville, said the Board kept placing on the ballot
the matter of removal of elective officials. He expressed his opposition to doing.
away with- county elected positions. At the present time, the people cannot stand
alone against tyranny. If the government is not careful, they will she the use of a
rope by the people, stated Mr. Hansen. He felt the government should keep out of
people's business.
-275 APPEARANCE: MR. MAX SHIRLEY; SWEDES FLAT ROAD
r. S i r ey commented on t e and fraud t at is going on in the Swede's Flat
Read area. The- District Attorney has tied up property in that area. People are not able
to sell their property. He urged the Board not to combine any more offices.
-275 APPEARANCE:.PATRICK PORGEN, CHICO
r. Porgens, C ico, stated a was present to explain why he is willing to
file a suit<to disclose data why Butte County was handed down by the Air Pollution Advisory
Board the classification of anon-attainment county. He was told that the Board did not
authorize a suit last week. It is his feeling that suits between.Government Agencies is
a waste of taxpayers money. He feels that this County is well off regarding air pollutantso
ff the County does not comply with the Federal standards regarding air pollution,. then all
Federal funding could be stopped by 1979, The County merely has to put a plan together
stated Mr. Porgens, which could be done by the existing caunty staff. He would prefer
to see the County go ahead and try to meet the standards.
Chairman Winston asked what progress had been made by County Counsel.
He stated that the information presented by Mr. Porgens today was of interest to the Board.
Suggested that Mr. Porgens meet with County Counsel and discuss the situation.
Page 235.
February 7, 1978
_ _ Febn,ary_7~ 1978 W _ _ _
'7.6..<:::;': P..UBUI:C~~ ~:.)I= HEARING: ORDINANCE INCREASING TRANSIENTOCCUPANCY
TAX
- Ire ccThe pu~3~_:c~ of heari;fig on the. ordinance increasing Transient
Occupancy. Tax from 5°lo fio 6% held pt this time, Hearing opened to the public. .
Appearing:
I. Todd Radcliffe, Kimberly Lane, Chico, asked where the additional funds
would be spent.. He represents several agencies concerned with the problem. It was
stated that the fa~nds had been suggested to be used for regional programs to promote
tourism.. He requested some intent from the Board that these people will receive a fair
hearing during budget time. Chairman Winston staffed that the Board could not make a
commitment on how the funds will be spento
20 Mrs. Mary Nevas, Paradise Chamber of Commerce, recommended
passage of the increase on behalf of the motel owners. 'The furids should be ear-marked for
use of promotion of tourism.
3. Joe Snyder, Colony Inn, Paradise, confirmed Mrs. Nevas' statements about
the funds.
4. Jim Lynch, Chico Chamber of Commerceo He stated that the. Board had
a moral-obligation to the taxpayers to state how the funds would be spent if the ordinance
was Adopted .
Hearing closed to the public and confined'to the Board, Supervisor. Madigan
absent at this time, it was to be noted.
Supervisor Lemke stated that the Board had not initiated this increase in the
tax; it had-been brought to,the Board as a further source of income to promote tourism.
Chairman Winston stated that the cities have already taken action and
this ordinance was to bring the County into conformance with the cities.
ft was moved by Supervisor Lemke that the Board rescind the ordinance all
together at this time and leave the tax at 5% for the present timed Died for lack of a
second.
It was moved by Supervisor Lemke and seconded by Supervisor Moseley that
the ordinance increasing Transient Occupancy Tax from 5% to 6% not be adopted,
AYES: Supervisors Lemke and Moseley
NO: Chairman Winston '
ABSENT: Supervisors Madigan and Richter
MOTTO N FAILS.
Hearing continued to Tuesday, February 14, 1978 at II :30 a.m. for
consideration by all Board memberso
>77.CON-TINU.ATION-OF_HEARING: NO-TICS OF INTENTION TO PURCHASE REAL
PROPERTY FOR PARKING LOT, OROVfLLE
T e continuation o Baring on t e notice of. intention to purchase
real property described as a portion of AP 12-096-02, located on the northeast corner
of High Street and Huntoon in Oroville, for the purpose of a parking lot, held at this timed
Page 2360
February 7, 1978
Chairman Winston stated that this hearing was now confined to the Board members.
There are only three Board members present and he felt the matter should be held over
until next week when there would be a full Board present,
Mr. D' Arcy, Oroville City Councilman, stated he had talked to the
City Administrator. If the Board should purchase the property, the county could .
make arrangements with the city to establish free parking spaces on a temporary basis,
Hearing put over to Tuesday, February 14, 197$ at 11:45 a.m.
78-278 PUTOVERONE WEEK: INTRODUCTION OF REPLACEMENTOF FgRMADVISOR
The introduction y Mr. Ro ert Teague, assistant director of the University
of California Cooperative Extension Program, of Alva Mitchell's replacement was put
over one week,
78-279 DISCUSSION BY BOARD: OFFICE OF RECORDER FILINGS
Chairman Winston commented on the people that will be filing fog
County Recorder, There will be several that will. pay theif filing feeso The matter
of refunding the filing fees if election succeeds regarding the combin~rrg;-the, offices
of County Recorder and County. Clerk should be discusseda
Dan Blackstock, County Counsel, stated there was two problems at the
present time. First: an ordinance has not been adopted removing the Recorder as an
elected office or (secondly) problem of combining with County Clerk. The County
Clerk is going through the routines for the election. If the Board wishes to express
an intent, the County could pay back the filing fees. .This would be in the Board's
discretion. Mr, Blackstock said he would have to research the question, Mr. Blackstock
wil! report back next week concerning this problem. .
78-280 LETTER FROM MR. BOATWRIGHT RE JARVIS AMENDMENT DISCUSSED --
C airman Winston questioned i e Pyevtt a out a etter from Dan
Boatwright about-the Jarvis Amendment, Mr. Pyeatt stated he would answer the question,
Letter discussed; no action#aken,
RECESS: The Board recessed at 12:40 for an executive session on litigation mattersa
RECONVENED: The Board reconvened at I
Chairman Winston reoorte
lowing an exe
litiga#ion had
session .
discussed.
ADJOURNMENT:
There being nothing further be
adjourned at 1:05 p.ma to reconvene on 1
ATTEST: CLARK A. NELSON, COUNTY
By:
Asst, C~err f e Board
Page 237.
the Board at
February 7, 1978