HomeMy WebLinkAboutM021781Feb~;uary 17, 1981
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
$1' The Board of Supervisors met at 9-:00- a.m, pursuant to adjournment.
3 Present: Supervisors Dolan, Lemke, Saraceni 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.
Absent: Supervisor Wheeler
', Pledge of Allegiance to the .Flag of the United States of America
Invocation by Supervisor Lemke
263 PROVAL OF MINUTES
', On motion of Supervisor Dolan, seconded by Supervisor Lemke
nd carried, the minutes of February 10, 1981 were approved as mailed.
',264 UTHORIZE RETURNING OF OWNERSHIP OF VEHICLE TO ENLOE HOSPITAL
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
', and carried, the return of ownership of a pickup truck with utility body
for the purpose of the truck being used as an emergency vehicle with red
ights and siren to.Erxloe Hospital was authorized, subject to approval by
Counsel.
'265 UTHORIZE PURCHASE OF FIXED ASSETS - ASSESSOR'S OFFICE
On motion of Supervisor Dolan, seconded by Supervisor Lemke
nd carried, purchase of a drafting machine, $185; drafting table lamp,
', 75; and drafting machine scales, $40 for use in training a CETA employee
ithin the Assessor's Office was authorized.
'266 CCEPT DONATION OF TWO SNOWMOBILES FOR SEARCH AND RESCUE UNIT - LETTERS
F APPRECIATION TO BE WRITTEN
Qn motion of Supervisor Lemke, seconded by Supervisor Dolan
nd carried, donation of two snowmobiles by the Chico Elks Club for the
earch and Rescue unit was accepted and letter of appreciation to be sent
o the Chico Elks Club, the vendor and to the Search and Rescue unit for
', offing that together as well as building the trailer for it.
', Supervisor Saraceni stated that Scheer Memorial called him and
ade an offer of two snowmobiles and trailer and a four-wheelY~drive any
ime they are needed by the unit.
'267 PROVE AGREEMENT - CHICO WELFARE BRANCH OFFICE LEASE
268
On motion of Supervisor Lemke, seconded by Supervisor Dolan
carried, the agreement with Harrison Investment Company covering the
e of office space located at 376 Vallombrosa Avenue for the Chico
are brancfi office in the amount of $1,155 per month covering the
od March 1, 1981 through February 28, 1983 was approved and the Chairman
orized to sign.
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
carried, the following action was taken:
1. Approve request for penalty abatement for Brian & Cecile L.
AP 066-23-0-010-0
2, Approved request for penalty abatement for Brian & Cecile L.
, AP 052-221-007-0
Page 86,
February l7, 1981
Februaxy 17, 1981
81= 3. Approved.request for penalty abatement for Frank H. Moore,
'~ AP 013-0.4--2-024=-1
4. Approved request for penalty abatement for M3.chael G. Dawson,
AP 041-15-0-024--0 & AP 0.4115-0031-0
', 5. Approved request fox penalty abatement for xlichael Lynn
', O'Brien, AP 0.62-04-0104-0
6. Denied request for penalty abatement for Roy D. York,
AP 054--I5-2-Q08-0
7. Denied request for penalty abatement for Roy D. York,
AP 059-08-3-009-0
269 APPROVE BUDGET TRANSFERS
', On motion of Supervisor Dolan, seconded by Supervisor Lemke
and carried, the following budget transfers were approved:
B-125 - Public Health - Environmental-Health. Transfers $2,141
from the reserve and together with unanticipated federal revenue, $12,843
and state revenue, $2,141 establishes a budgetary appropriation in the
professional and specialized services account totalling $17,125 for the
completion of the countywide septage study which. was approved by the U.S.
Environmental Protection Agency on November 14, 1980..
B-129 - Fire Protection -- Volunteer Program. Transfers $2,498
m fixed assets - equipment to special department expense in order to
er the cost of spare air tanks which were not included when the self
tamed breathing apparatus units approved in the budget were purchased
B-130 - Housing and Community De_v_elopment Block Grant. This
transfer appropriates the local share of the 1980-8I Housing and Community
Development grant in the amount of $T8,000 from program income to HCD
rehabilitation (major rehabilitation loan program) do order to conform with
the final HCD approved budget.
B-131 - Community Action Program. Establishes an appropriation in
the amount of $10,000 for the Community Action Agency 1981 Channel i Drug
and Alcohol Program as approved by the State of California on December 29,
1980. The appropriation includes; salaries and wages, $7,230; benefits,
$763; travel, $1,256; and consumable supplies, $751. Revenue is from
state aid (Department of Alcohol and Drug Programs.)
B=132 - Community Action Program. Establishes the budget for the
Community Action Agency 1981 'Energy Crisis Intervention Program as approved
by the Community Services Administration on January 19, 1981 in the amount
of $30,000. The appropriation includes: salaries and wages, $10,725;
benefits, $2,954; travel, $1,450; consumable supplies, $5,711; and other
costs, $9,160. Unanticipated revenue is from federal aid (Community
Services Administration).
B-133 - Sheriff-Coroner. Transfers $2,700. from the reser5re:y; with
$2,000 going to special department expense in the patrol budget to provide
authorization to purchase bullet proof vests for 15 new deputy sheriff
positions and $700 to publications and legal notices within the services
division to cover current budgetary deficiencies and to provide an appropriation
for the remainder of the fiscal year for advertising for lost property.
Page 87.
Febxuary 17, 1981
$1=
'b
270
271
272
~ehxua,xy 17, 1981
B~134 -Data Processing. Transfers $27Q Pram maintenance of
equipment and $70.0 fzom.rent~d leases o~ equipments with a total of
$970 going to fixed assets -- equipment in order to covex the cost for
complete coverage of the Data Processing Building for a ,fire alarm
detection system.
B--135 r Sheriff ~, Administration. Transfers` $5,831 from the
ret~enne~sharing jail addition project, with $150 going to overtime, $1,000
to equipment maintenance, $4,500 to office expense and $181 to fixed assets -
equipment in order to cover. various budgetary deficiencies within the
Sheriff's Administration budget and to provide an appropriation for the
balance of the fiscal year.
B-136 - Assessor. Transfers $300 from office expense to fixed
assets - equipment in order_to cover the cost of necessary drafting equipment
for a CETA employee receiving training in the Assessor's Office.
B-127 - Board of Supervisors. Transfers $10,000 from the reserve
to professional and specialized services to provide a budgetary appropriation
for the public defender study to be prepared by Judge Janes under contract
as approved by the Board on February 3, 1981.
AUTHORIZE ADMINISTRATIVE OFFICER TO ENTER INTO AGREEMENT FOR APPRAISAL
SERVICES FOR 2530 FORT WAYNE STREET, OROVILLE - HCD
On motion of Supervisor Lemke, seconded by Supervisor Dolan
and carried, the Administrative Officer was authorized to enter into an
agreement for appraisal services concerning the property located at
2530 Fort Wayne Street, Oroville.
AUTHORIZE AUDITOR TO PROVIDE FUNDING FROM COUNTY FUNDS FOR CHANNEL ONE
PROJECT THROUGH MARCH - CAA
Jim McNaugliton, executive director, set out the background of
the Channel One Project. Ae will be making a report to the Board on the
progress of the program.
On motion of Supervisor Lemke, seconded by Supervisor Dolan
and carried, the Auditor was authorized to provide funding up to $3,500
with county funds for the operation of the Channel One Drug Prevention
Program in Gridley through March.
APPROVAL RENEWAL OF VARIANCE
On motion of Supervisor Lemke, seconded by Supervisor Dolan
and carried, the following were approved:
1. Approved the renewal of variance to Sections 19-10 and/or
14-12 of the Butte County Code for placement of a mobile home on
AP 47--44-008, Garner Lane, Chico area, zoning: "A-2" for Bert Berg
2. Approved the renewal of variance to Sections 19-10 and/or
14-12 of the Butte County Code for placement of a mobile home on
AP 47-13-39, west end of Anita Road, Chico area, zoning: "'A-40`? for
L. W. and L. H. James.
273 AUTHORIZE REQUEST FOR PENALTY RELTEF - VELMA A. JEFFORDS
On motion of Supervisor Lemke, seconded by Supervisor Saracens
and carried, the request for penalty relief for Veima A. Jeffnrds for
AP 52-22-3~-015, AP 52-22-3-014, AP 50.-28-0-055 and AP 50-28-0-008 was
authorized.
Page 88.
February 17, 1981
81= 274
275
276
277
278
Fehxuary 17, 19.81
APPROVE t1GRE~'IENT__TrIZTEL CITX Of' CHICO SALE OF'TAR DEEDED PROPERTY
An motf;on of Supervisor Lemke,.seconded by Supervisor Saraceni
and carried; tFie agreement with.the Cit~* of Chico for the sale of tax
deeded property, AP 046-094-010.0. in the amount of $150-was approved and
the Chairman authorized to sign.
ADOPT ORDFNANCE:2189: ADOPT RESOLUTION 81-341 APPROVE YUriLlU wu1tK~ 1'1'
On motion of Supervisor Dolan, seconded Fy Supervisor Lemke
and carried, the following action was taken:
1. Waived the second reading of the ordinance establishing a
35 mph speed limit on Kofford Road in the Gridley area; adopted Ordinance
2189 and the Chairman authorized to sign.
2. Approved the agreement with California Water Service
covering the relocation work of certain facilities as part of the construction
on the Sacramento Avenue Assessment District No. 1 and the Chairman authorized
to sign.
3. Approved contract change order No. 1 in tfie increasing
,amount of $4,219.31 that provides for various additional. items of work
'relfected in the change order for Sacramento Avenue Assessment District
No. 1 and the Chairman authorized to sign.
4. Approved agreement with Euripides and Celine Quiles for
exchange of property that covers Lower Wyandotte Road, parcel 3, as part
of the Lower Wyandotte Road Project 23511-79-1 and the Chairman authorized
to sign.
5. Adopted Resolution 81-34 authorizing execution of Program
Supplement No. 17 to Master Agreement No. 03-5912 (federal projects) covering
the funding of Baggett-Palerma Road Project RRS--0007 (008) for construction
on a new alignment which will eliminate crossing at grade (4-200.6) of
Western Pacific at no cost to the cou~ity with funding as follows: federal,
$58,500; private contribution, $6,500; total cost, $65,000 and the Chairman
authorized to sign.
ADOPT RESOLUTION 81-35 SETTING PUBLIC HEARING DATE FOR JACK BOWMAN ABANDON-
MENT OF PUBLIC UTILITIES AND RECREATIONAL EASEMENT, PARADISE PINES UNIT 5,
LOT 91
On motion of Supervisor Lemke, seconded by Supervisor Dolan
and carried, Resolution 81-35 setting a public hearing date of March 24,
1981 at 10:00 a.m. for consideration of Sack Bowman abandonment of public
utilities and recreational easement, Paradise Pines Unit 5, Lot 91 was
adopted and the Chairman authorized to sign.
PUBLIC HEARING DATE SET
A public hearing date of March 10, 1981 at 10:00 a.m. was set
for consideration of Hershel Shelley andDavid Mackey proposed negative
declaration and rezone from "A-2" (general). to "FR-5" (foothill recreational -
five acre parcels), located approximately 3/4 mile northeast of the
intersection of Hurleton and Stringtown Roads, identified as AP 72-29-13,
133, 134, 135 and 72-26-97, 80 and 87, Lake Wyandotte area.
REPORT TO BOARD - PARADISE PINES MOBILE HOMES ESTATES, INC. DRAFT EIR AND
DENIED REZONE
The report to the Bnard on the Paradise Pines Mobile Homes
Estates, Inc. draft environmental impact report and denied rezone from
"AR-MH-3" (agricultural residential - mobile home - three acre parcels)
to "RT-1-A" (minimum density residential - trailer) located on the east
Page gg.
February 17, 1981
81=
a
279
280
k'ettxuaxy 17, 19.81
side o£ Nimshew Ridge Road, appxaximatel~ one mile &outh.of Humbug Road and
Nimshew Ridge Road intersection, identif~3;ed as AP 64-O1-2 and 3, Paradise
was received for information.
AUTHORIZE-THE ADDITIONAL MILEAGE FOR THE PLANNING COMMCSSIONERS FOR TRAVEL
ON THE JOB
On motion of Supervisor Lemke, seconded by Supervisor Saracens
and carried, tFie additional mileage at $.24 per mile for the Planning
Commissioners for travel on the job was autfiorized.
APPOTNTMENTS - CONTINUED TO FEBRUARY 24, 1981
The following appointments were continued to February 24, 1981:
1. Appointment to the Agricultural Advisory Commission, District 5.
2. Appointment to the Butte County Fair Board, District 5.
3. Appointment to the Air Pollution Control Hearing Baard.
4. Appointments to the Mental Health Advisory Board.
281
282
283
APPOINTMENT TO THE CITIZENS ADVISORX COMMITTEE FOR DRUG ABUSE
On motion of Supervisor Lemke, seconded by Supervisor Saracens
and carried, Marilyn Stopplemore was appointed to the Citizens Advisory
Committee for Drug Abuse.
APPOINTMENT TO OROVILLE CEMETERY DISTRICT
On motion o£ Supervisor Saracens, seconded by Supervisor Lemke
and carried, Austin Caplinger was appointed to the Oroville Cemetery
District.
APPOINTMENT TO BIGGS MEMORIAL HALL COMPffTTEE
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and carried, the following were appointed to the Biggs Memorial Hall
Committee:
Antonio N. Airisa
Harmon P. Upton
284
APPOINTMENT TO PRIVATE INDUSTRIAL COUNCIL
On motion of Supervisor Saracens, seconded by Supervisor Lemke
and carried, the following were appointed to the Private Industrial
Council:
Andrew F. Sikula
Robert Hewitt
285
COUNTY CLERK`S CERTIFICATE TO INITIATIVE PETITION, CANYON COMMITTEE FOR
RESPONSIBLE ZONING REFERENDUM PETITION REFERRED TO COUNSEL FOR WRITTEN
REPORT ON FEBRUARX 24, 1981
~' The following letters were received relative to the initiative
petition by the Canyon Committee for Responsible Zoning Referendum petition:
Scott Laursen
Kenneth L. Valinoti
Suzanne Peters
Paul Vittori
John and Bonnie Burnfiam
Laurie A. and Steve M. Loney
Marion and Bill Bowen
Page g0.
February 17, 1981
81=
3
~'ebruar~* 17~ 1381
John B. Flatts
Kris Schaffer
Teresa Kludt
Kelly Meagher
Pat J. OFReilly
Ueal L, and Dorothy E. Holleman
Kathi L. Subodih
Wayne and Janyce Leathers
Doug and Betty Schwarz
Joe and Trina Silbernagel
Ray and Joanne Skeen
R. A, and Mary D. Frencfi
Eyvonne M. Clayton
Ed and Flo Opatrny
Betty J. Paugh
Robert C. Paugh
Supervisor Lemke stated he was not ready to reconsider his
decision.. He felt that if the Board wanted to reconsider the matter, it
should be done with the entire Board. The people on the petition drive
had said this was only to get the issue on the ballot and let the people
decide. They never mentioned using the petitions as a method to get the
Board to reconsider their decision.
Supervisor 5araceni felt that the matter should be placed on
the ballot. He would not change his vote on the rezone.
Supervisor Dolan stated the Board had the option to rescind
the ordinance ar put the matter on the ballot. The next county-wide
election is in November.
The matter was referred to County Counsel far a written
report on February 24, 1981.
COMMUNICATIONS
Richard E. Cherry, et al, Chico. the Cherrys write protesting the non-
renewal of the Land Conservation Act Agreement between the county
and Anthony Santos, et ux, and also requests that their land
be renewed under the Land Conservation Agt Agreement. Referred
to County Counsel for a report back.
28b
S. A. MacKenzie, Paradise. Mr. MacKenzie writes forwarding information
and requesting the county grant him an easement to cross the
one-foot strip of property at the end of Woodpecker Court in
Magalia in a matter regarding a certificate of compliance for
property identified as AP 66-01-12. Referred to Public Works
Director for a report back on February 24, 1981.
Diamond International, Red Bluff. The company advises. they have acquired
AP 58-03-0-011 and request that the property be placed•in the
timbex pxeserve zone pursuant to the Boards Resolution 80-20 and
Government Code Section 5113.5. Referred to Planning Department.
Butte County Committee for Employment of the Handicapped. The committee
writes tfianking the Board for adopting tTie blue curb ordinance
for handicapped persons and requests that the ordinance be
amended to reflect parking privileges to persons displaying
a blue California disabled person placard. See motion following
communications.
Page 91.
February 17, 1981
81=
v
287
-________===-.Fehruaryl7, 1981 ______________--_
Town of Paradise, The town forwards tbeit Ordinance No. 39-which. establishes
a uniform procedure for tbe~naming of streets and roads and
assigning of addresses for pr-operty within the town limits.
Information; no action taken.
Goldstein, Barceloux & Goldstein. Tile attorneys, on behalf of Floyd Turkelson,
Andy Torkllson, Jeanette Cornwell and James Andrew Turkelson file
a claim for damages and expenses resulting from an automobile
accident occurring on November 21, 19.80. in Paradise. See motion
Following communications.
County of Ventura. The county writes requesting that the Board consider
sharing the cost of litigation involving the method for the
valuation of oil and gas producing property for property tax
purposes. Discussed; Dan Blackstock, county counsel, did not
feel the county should enter into any contribution. No action
taken.
State Department of Health Services. The department forwards information
concerning the implementation of Assembly Bi11 3245 which provides
funding for capital expet~3itures fo~~eounty.Iiealth:faeilities
and related equipment. Referred to Dr. Svihus and Administrative
Office with Administrative Office to make a report back to the
Board.
Marsh & Marsh, Chico. The attorneys write on behalf of Butte County Law
Enforcement Officers Association, requesting that negotiations
be reopened on the issue of overtime compensation. Information;
no action taken. Personnel Director is asking for meet and
confer executive session regarding this matter.
MOTION OF INTENT TO AMEND SECTION 14-80, PARAGRAPH A OF THE BUTTE COUNTY
CODE RELATIVE TO HANDICAPPED PARi~TNG.
On motion of Supervisor Lemke, seconded by Supervisor Bolan
and carried, the Board made a motion of intent to amend Section 14-80,
paragraph A of the Butte County Code relative to handicapped parking
to conform with the letter from Butte County Committee on Employment
of the Handicapped.
Dan Blackstock, county counsel, stated that provision was
already in the ordinance. The Board adopted the provisions of the state
code that specifically provides for what the organization is requesting.
Supervisor Dolan asked that Mr. Blackstock write the organization
and advise them of this fact.
288
289
REJECT CLAIM - FLOYD TURKELSON, ANDY TURKELSON, JEANETTE CORNWELL AND
JAMES ANDREW TURKELSON
On motion of Supervisor Lemke, seconded Tay Supervisor Saraceni
and carried, the claim of Floyd Turkelson, Andy Turkelson, Jeanette Cornwell
and James Andrew Turkelson for damages and expenses resulting from an
automobile accident occurring on November 21, 1980 in Paradise was rejected
and refexred to County Counsel and Risk Management Coordinator.
MOTION OF INTENT TO PREPARE RESOLUTION FOR.CONSIDERATION BY CSAC RESOLUTION
COMMITTEE TO ASK F'OR A PROVISION FOR CONGRESS IN APPROPRIATION OF FUNDS
FOR GRANTS TO CONTAIN PROVISION THAT IF A LOCAL AGENCY ENTITLED TO MONIES
DECLIDED THOSE FUNDS THEY WOULD REVERT BACK TO THE FEDERAL OR 5Ti1TE GENERAL
FUNDS RATHER THAN BE SPLIT AMOUNG OTHER AGENCIES
Supervisor Lemke asked that the Board adopt a resolution for
consideration at the CSAC resolutions committee relative to the grants.
Page 42.
February 17, 1981
Februa~* 17~ 19.81
31- In the past the Board has stxuggled witfr grants. Thep have talked about
b not accepting certain grants. He fias listened to people in the audience
saying now is the tame to stop. There is a new adminis ration interested
in budget cuts and possibly sometfiing could be done about those areas
the Board considers.frivilous. One of the profilems has been that if the
county does not take the money someone else will. Be felt the Board should
consider a resolution that would be forwarded to tTie CSAC resolutions
committee asking tFiem to consider a resolution asking tfiat if money
is not accepted it revert back to the federal or state general funds to
be used for tax relief or the national debt, He would also be asking for
a similar resolution from the Northern Supervisors Association.
On motion of Supervisor Lemke, seconded by Supervisor Dolan
and carried, a motion of intent was made to adopt a resolution to be
submitted to the CSAC resolution list for the CSAC conference to ask
Congress for a provision that in the appropriation of funds for grants
that if a local agency entitled to monies declined those funds they would
revert back to the federal or state general funds rather than being split
between other agencies.
ADDITIONAL MATTER PRESENTED BY BOARD MEMBERS
Supervisor Dolan stated that the Superfor California Water
Association had sent information relative to a meeting in Red Bluff on
March 13, 1981 relative to the Peripheral Canal.
EXECUTIVE SESSION: The Board recessed at 9:47 a.m. to bald an executive
session regarding meet and confer.
RECONVENE: The Board reconvened at 10:19- p.m. following an executive
session regarding meet and confer. No announcements to be
made at this time.
SUPERVISOR DOLAN ABSENT AT THIS TIME
291
PUBLIC HEARTNG: MYRAL J. DAFFRON; CLESTEL R. HOWARD; AND BERNICE P.
MELVIN - PETITION FOR VARIANCE TO SECTIONS 19-10. AND/OR 19--12 OF THE
BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME
The following public hearings were held as advertised:
1. Myral J. Daffron petition for variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home on
AP 25-17-48, Box 2740 E. Cox Lane, Oroville area. Zoning: "A-5"
2. 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 Miners Ranch Road, Oroville area. Zoning:
"A-5"
3. Bernice P. Melvin petition for variance to Sections 19--10
and/or 14-12 of the Butte County Code for placement of mobile home on
AP 26-02-006, 6545 Lincoln Boulevard, Oroville area. Zosmzg: "A-2"
Lynn Vanhart, environmental health. director, set out the
background of the petitions. They are in order.
Hearing open to the public. Appearing: Mr. Daffnon's
agent spoke in favor of his variance.
Hearing closed to the public and confined to the Board.
SUPERVISOR DOLAN PRESENT AT THIS TIME.
Wage 93
February 17, 1981
81-
292
k'ebxuaxy 17, 1981
On motion o~ Supervisor Saraceni,.seconded by.Supervisor Lemke
and carried, the following were approved for a period o,£ one year:
1. Myra1 .7: Daffron petition for variance. to Sections 19-10.
and/or 19-12 0~ the Butte County Code for placement of a mobile home on
AP 25-17-48, Box 2740 E. Cox Lane, Oroville area.- Zoning: "A-5"
2. Clestel R. Howard petition for variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of ~inobile home on
AP 72-23-002, 5145 Wyandotte Miners RancFi Road, Oroville area. Zoning:
~rA-5"
3. Bernice P. Melvin petition for variance to Sections 14-10
and/or 14-12 of the Butte County Code for placement of a mobile home on
AP 26-02-006, 6545 Lincoln Boulevard, Oroville area. Zoning: "A-2"
ADOPT ORDINANCE 2190: PUBLIC HEARING: BIGGS RED TOP RICE GROWERS -
EXTENSTON OF INTERIM "M-1" (LIGHT INDUSTRIAL). ZONE
TTie public hearing on Biggs Red Top Rice Growers extension
of interim "M-1" (light industrial) zone was held 'n..as advertised.
Bettye Blair, planning director, set out the background of
the interim.
Hearing open to the public, Appearing; No one.
Hearing closed to the public and confined to the Board.
293
On motion of Supervisor Saracens, seconded by Supervisor Dolan
and carried, extension of interim "M-1" (light industrial) zone for
Biggs Red Top Rice Growers was approved for a period of one year;
Ordinance 2190 was adopted and the Chairman authorized to sign.
ADOPT RESOLUTION 81-36: PUBLIC HEARING: FORMATION OF COUNTX SERVICE AREA 80
{LINDO WEST SUBDIVISION STORM DRAINAGE MAINTENANCE DISTRICT) AND COUNTY
SERVICE AREA 8l (OAK WAX ESTATES STREET LIGHTING DISTRICT)
The public hearing on formation of County Service Area 80 (Eindo
West Subdivision Storm Drainage Maintenance District) and County Service
Area 81 (Oak Way Estatea Street Lighting District) was held as advertised.
Aan Blackstock, county counsel, questioned the policy of the
county on formation of storm drainage maintenance districts. It would be
necessary to figure the method of assessing each individual piece of
property as to improvement the district does for each piece of property
as with the 1911 Act. The concept of using a county service area really
went out the window with the passage of Proposition 13. They are
using Section 77A fox the cost or service as distinguished fnom a
tax. There will be problems. His recommendation was that it would not
be prudent management to continue forming the storm drainage maintenance
districts in ligfit of the Attorney General's opinion. He felt they should
lie handled by a property owners association. When the county is involved
there are a number of factors brought into play from the standpoint of
liability. The county continues to put the conditions on maps to form
a county service area. Every time another county service area is formed,
it is adding to staff workload. It is adding to potential liability.
There is also the potential liability of a tax~iayers suit for levying
a tax without a two-thirds vote as required by Proposition 13.
Mr. Blackstock spoke regarding the street lighting district.
The Board has made a determinaPtaoe to the effect that street lights
g 44.
February 17, 1981
---~'ehruary 17,^19-81--_~^
benefit eaci~ parcel ec~uall.y. -Most o£ tfie lighting distr~.cts do not involve
much. money.
Hearing open to tfie pufilic. Appearing: Mrs. Martha E. Smith.
Mrs. Smith wanted to Make sure her property on Oak Way was not included
in the storm drainage maintenance district.
She was informed that neither district involved her property.
Hearing,elosed to the public and confined to tfie Board.
Discussion of the conditions on map relative to drainage held
at this time. Mr. Blackstock stated that if-the county did not own and
maintain the facilities, the county would not be liable if there was
a flood and the property owners association had not taken care of maintenance.
If the county assumes responsibility by forming a county service area, the
county is saying they will maintain. It becomes a public duty to take care
of the facility.
Supervisor Lemke felt that a property owners association was
to flexible that eventually it would fail and the maintenance would not be
done. He would rather trust the county crews to do the maintenance work.
On motion of Supervisor Dolan, seconded by Supervisor Saraceni
and carried, County Service Area 80 (Lindo West Subdivision Storm Drainage
Maintenance District) and County Service Area 81 (Oak Way Estates Street
Lighting District) were formed; Resolution 81-36 was adopted and the
Chairman authorized to sign.
2941
ADOPT RESOLUTIONS 81-37, 81-38 & 81-39: PUBLIC HEARING: B. K. MC MILLON,
J. SIMMONS AND FREDERICK A. RIECKER ABANDONMENT OF PUBLIC UTILITIES
EASEMENTS IN PARADISE PTNES AREA
Tfie following public hearing dates were held as advertised:
1. B. K. McMillon abandonment of public utilities easement,
Paradise Pines Unit 4, Lot 169.
2. J. Simmons abandonment of public utilities easement on
Paradise Pines Country. Club Univ.Noc.4,'Lot 88
3. Frederick A. Riecker abandonment of public utilities
easement on Lots 44, 45 and 46, Paradise Pines Unit No. 15
Bettye Blair, planning director, set out the background of
the abandonments. They are in order.
Hearing open to the public. Appearing: Mr. McMillon. Mr.
McMillon asked if it would be possible to start his project immediately
upon action by the Board.
Dan Blackstock, county counsel, advised that if the Board
approved the abandonment, they could advise Public Works so he could
proceed with has project.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and carried, the following abandonments were approved; resolutions
adopted and tfie Chairman authorized to sign:
-'Page g5,
February 17, 1981
s1-
d
295
.February 17, 1~8I
- _ - -1. Resolution 81--37 abandoning pufilic utilities easement,
Paradise Pines Unit 4, Lot 169_for B. K, McMillon,
2. Resolution 81-38 abandoning pufilic utilities easement,
Paradise Pines Country Club Unit No. 4, Lot 88 for J. Simmons.
3. Resolution 81-39_ abandoning public utilities easement on
Lots 44, 45 and 46, Paradise Pines Unit No. 15 for Frederick A. Riecker.
PUBLIC HEARING: ENVIRONMENTAL DEVELOPMENT, ING. - PROPOSED NEGATIVE
DECLARATION AND REZONE FROM "A-2" (GENERAL}- TO "FR-40" (FOOTHILL RECREATIONAL
40 ACRE PARCELS}, PROPERTY LOCATED APPROXIMATELY SEVEN MILES-SOUTH OF
SCHOTT ROAD, ON DOE MILL ROAD, IDENTIFIED AS .A PORTION OF AP 46-71-15,
FOUR MILES WEST OF PARADISE
The public hearing on Environmental Development, Inc. proposed.
negative declaration and rezone from "A-2" (general} to "FR-40." (foothill
recreational - 40 acre parcels}, property located approximately seven
miles south of Schott Road, on Doe Mill Road, identified as a portion of
AP 46-71-15, four miles west of Paradise was field as advertised.
Bettye Blair, planning director, set out the background of
the rezone.
Earl Nelson, environmental review director, set out the
background of the negative declaration.
Hearing open to the public. Appearing: .Teff Cussick. Mx.
Cussick set out a map he had prepared. He was asking that the bluff
area of his property Be zoned forty acre parcels and that the flat top
area of the property be zoned five acre parcels. Hg set out the area
surrounding his property. The reason he applied for forty acre zoning
was because it was a condition on his subdivision map.
Supervisor Dolan stated the Board had received a letter from
the Roth relative to this hearing.
1Mr. Nelson stated that if this is taken back to the Planning
Commission to consider five acre zoning, this would be in the same
category for the ETR used for the Dan Hays rezone. That EIR would be
presented for consideration.
Tt was moved by SupervLsor Lemke, seconded by Supervisor Saraceni
that the matter be referred back to the Planning Commission for further
review with five acre "FR-5" zoning considered for the flat portions
marked on the exhibit submitted and "FR-40" zoning for the rest of the
portion being considered for rezoning.
Supervisor Dolan asked that ten and twenty acres also be
considered aloag with the five acre zoning consideration.
Vote on motion:
AYES: Supervisors Dolan, Lemke, Saraceni and Chairman Moseley
NOES : None
Motion carried.
The hearing was continued to March. 3, 1981 at 11:00 a.m.
image 96.
Fefiruary 17, 1981
S1-~ 246
~`ehxuaxy 17? 19.51
PUBLIC HE~NG; WAYNE.~AUI, - APPEAL Ok' PROPOSED NEGATIVE DECLARATION AND
DENIED REZONE PROM "S-R~' (SUBURBAN RESIDENTIAL~.TO "R 3" (MEDIUM DENSITY
RESIDENTIAL, PROFERTY' LOCATED ON THE SOUTHWEST SIDE OE STATE HIGHWAY 32,
APPROXIMATELY 800 FEET NORTHWEST'OF OAK WAY', IDENTIFIED AS AP 42-14-16,
cHlca
The public.fiearing on Wayne Paul appeal of proposed negative
declaration and denied rezone from "S-R" (suliurfian residential) to "R-3"
(medium density residential), property located on tfie southwest side of
State Highway 32, approximately 800 feet northwest of Oak Way, identified
as AP 42-14-16, Chico was field as continued.
Bettye Blair, planning director, set out the background of
the rezone.
Hearing open to the public. Appearing:
**
1. Wayne Paul. Mr. Paul submitted information relative to
his request for rezoning. He set out the location of the property and
the surrounding area at this time. There is commercial property in the
area. In 1975, when he purchased the property, the property was listed
as commercial property. The Planning Commission accepted the General
Plan for this area in February, 1980 which was listed as commercial uses.
He asked for "R-3" zoning on the basis of this new General Plan designation.
The property is designated medium density residential in the General Plan.
He discussed pages 6 through 10 of his handout relative to environmental
review. There would lie no significant effects on the environment with
this rezone. He felt that the "S-R" zoning was inconsistent with the
General Plan Land Use Map. He asked that the Board approve the rezone
request.
2, Suzanne Roth. Ms, Roth stated the proposed rezone was
behind her property. The property a~l~acent to Mr. Paul's property is
open field at the present time. The Planning Commission had concerns
regarding drainage. In light of what has happened further down Highway 32,
there were questions in everyone's mind. There would be a need for left
turn lanes. Tf this rezone is approved it is very likely that the empty-
land would have to be medium density residential. She would not like .
to see apartments built behind her property. She would like to see
the rezone denied,
Hearing closed to the public and confined to the Board.
Tt was moved by Supervisor Dolan that the rezone be denied.
Supervisor Lemke could not support the motion.. The General
Plan recommendations are for medium density five to eight dwellings.
Supervisor Dolan stated that one of the considerations was
that the Highway 32 General Plan amendment and rezone were recent. The
General Plan designat~ns are long term. Across the street the designation
is industrial but is presently zoned "A-10" zoning. If this is approved
"R-3" zoning, there would be a reason for others in the "S-R" zoning that
front on Highway 32 to rezone and there could be drainage problems with
using pits as with the Safeway property. The concerns of drainage and
traffic safety are are~,*ide concerns.
Supervisor Lemke stated the long term process for this whole
strip of land is commercial, industrial, medium density residential
and a small patch of rural residential. He tiad a difficult time
finding against the rezone.
Page 97.
February 17, 1981
sl=
t
` 29.7
298
299
300
3011
-------~eb_xuax~ 17, 1981
Nation dies;.€ox lack of a second. - - - - -
Tlie closed .hearing was continued to Fza•,u'ary 24, 1981.
APPEARANCE: BILL BERGE
1Kr. Serge was representing Paradise Chamber of Commerce. .He
presented a pamphlet relative to the policy of realtors. This represents
what they will be doing at the Board meetings. The Paradise Chamber of
Commerce is scheduling debates on tfie Peripfieral Canal matter. They will
be sending invitations to the Board when these debates are scheduled.
APPEARANCE: EARL DECKER
Mr. Decker spoke regarding his applicatbn to buy his neighbor's
farm. He felt the homesite segregation ordinance was a good ardinance.
He was concerned that the application for this was being slowly processed..
He has applied for the Williamson Act for this property. He cannot make
the formal application until he has a survey and an assessor's parcel number.
He did not know if it was possible to apply for inclusion into the
Williamson Act at this time.
Dan Blackstock, county counsel, stated he would be happy to
meet with Mr. Decker to help him with this matter.
APPEARANCE: KELLY MEAGHER
Mr. Meagher spoke regarding the Butte Canyon referendum petitions.
They are not no growth advocates. They seek to adhere to the existing
zoning that was approved June, 1978. They have no quarrel with ~Ihe petitions
themselves. The people signed the petitions so there could be an election.
A number of people who signed the petition which. the rezone would be
repealed by the Board. They requested that the Board repeal the ordinance
or put the matter on the ballot £or election. They expect that the
election will be held this year in November. He felt that the election
should be set today.
Dan Blackstock, county counsel, advised Mr. Meagher that he
would be making a written report to the Board on February 24, 1981 regarding
this matter.
ADOPT RESOLUTION 81-40 GRANTING JURISDICTION TO CHICO CITY COUNCIL RE:
SOUTHEAST CHICO SEWER ASSESSMENT DISTRICT
On motion of Supervisor Dolan, seconded by Supervisor Lemke
and carried, the following action was taken relative to Southeast Chico
Sewer Assessment District:
1. Authorized filing of the City of Chico's resolution requesting
jurisdiction.
2. Adopted Resolution 81-40 granting jurisdiction to the Chico
City Council and authorized the Chairman to sign.
ADOPT RESOLUTION 81-41 DETERMINING ASSESSMENTS REMAINING UNPAID RE:
SOUTH OROVTLLE ASSESSMENT DTSTRICT
On motion of Supervisor Saraceni, seconded by Supervisor Dolan
and carried, the following action was taken relative to South Oroville
Assessment District:
1. Authorized filing of the paid and unpaid list of assessments.
2. Adopted Resolution 81-41 determining tfie assessments remaining
unpaid and the Chairman authorized to sign.
Page gg~
February 17, 1981
81=
3
~'ehruary 17, 1981
ADDLTIONAL IIATTE~S. PRESENTED BY BOARD MEMBERS'
Supervisor~Lemke asked i€ tfie Board.~exnhers xeceived,a copy of
the amended joint powers agreement amended January 19, 1981 regarding the
Emergency Medical Care Council. ~ Supervisor ~'ranTc Ri2nerling macte'the•
proposal. This would change the members from 2B to 13. The medical
community zs complaining, Tfie problem seems to be the concern of supervisors
that tfiE people putting up the bulk of tfie money do not fiave control of
that money. Tfie Boards of Supervisors are paying $128,000 cash into this
project. Butte and Shasta Counties pay the biggest amount. That $128,000
is directly matcfied by the state. Tfiis is $350,000 of the $.436;000 that
is in the budget because of the counties' contributions. Supervisor
Kimerling is suggesting that the supervisors have the stronger arm.
There were fiscal concerns raised about the salaries. He asked that the
Board study the progosal. He asked that the Administrative Office
prepare a report on the benefits received by Butte County as members since
the council was formed.
302
Clif Nickelson, administrative officer, stated he had always
questioned the county putting money into this council because Butte
County has been able to support itself and has provided good services
and good ambulance services.
COMMUNICATIONS CONTINUED
Butte County Committee for Employment of the Handicapped. The committee
writes in support of the nomination of Mr. Walter Grimes as a
member of the Private IndustryaCouncil. Handled earlier in
the meeting.
303
ADJOURNMENT
There being nothing further before the Board at this time, the
meeting was adjourned at 12:07 p:.m. to reconvene on Tuesday, February 24,
1981 at 9:0.0 a.m.
ATTEST: CLARK A. NELSON, COUNTX CLERK-
RECORDER and ex-officio Clerk
of the Board of Supervisors
irman, Board of Supe isors
gy __.
Page 99_.
February 17, 1981