HomeMy WebLinkAboutM022079February 20, 1979
STATE OF CALTFORNTA )
SS.
COUNTY OF BUTTE )
79= The Board of Supervisors met~:at 9:06 a,m, pursuant to adjournment.
v! Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke.
C1if Nickelson, administrative officer; Dan Blackstock, county counsel; and
Clark A, Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board,
Pledge of Allegiance to the Flag of the United States of America
Invocation By Supervisor Moseley
i 296 APPROVAL OF MINUTES
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the minutes of February 13, 1979 were approved
as mailed with the correction to minute orders 79-274 and 79-275 to reflect
that Resolution 79-32 aggroving revised map including general Swedes Flat-
Bangor area as mountain recreational area map and approving addition of
standard SRB-1 to imgrovement standards for land development was adopted
and the Chairman authorized to sign and to show that. Resolution 79-33 was
omitted as it is not necessary,
297 AUTHORIZE $50 CCHANGE FTJND FOR OROVILLE JUSTICE COURT
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, a $50 change fund for the Oroville Justice Court
was authorized.
298 ADOPT ORDINANCE 2005: WAIVE SECOND READING OF SALARY ORDINANCE AMENDMENT
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the second reading of the salary ordinance amend-
went to create a Senior Welfare Investigator classification and to reclassify
a clerical position in each of the Sheriff and Public Works Departments was
waived.
On motian of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, Ordinance 2005, salary ordinance amendment to create a Senior
Welfare Investigator classification and to reclassify a clerical position
in each of the Sheriff and Public Works Departments, was adopted and the
Chairman authorized to sign, AXES: Supervisors Moseley, Wheeler, and
Chairman Lemke, NOES: Supervisors Dolan and Winston.
299 APPROVE AMENDMENT TO AGREEMENT WITH FEATHER RIVER RECREATION AND PARK DISTRICT
On motion of Supervisor Winston, seconded by Supervisor Dolan --
and unanimously carried, the amendment to the revenue sharing agreement
with Feather River Recreation and Park District to include a heating system
in addition to cooling system at the Oroville Municipal Auditorium was approved
and, the Chairman authorized tosigno
300 NOTICE OF CANCELLATION - GRIDLEY AMBULANCE CONTRACT (COUNTY SERVICE AREA #37)
CONTINUED TO FEBRUARY 27. 1979
The consideration of the notice of cancellation for the Gridley
Ambulance Contract (County Service Area ~k37) was continued to February 27,
1974 to be discussed at the same time as the funding for the other special
districts.
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On motion of Supervisor Winston, seconded by Supervisor Moseley
unanimously carried,,the following budget transfers were approved:
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February 20, 1979
February 20, 1979
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8-74 Federal Revenue Sharine - Plant Acquisition. Transfers $240.28
from the Chico Pound expansion project to fixed assets - equipment in order
to cover the interest accrued on the note for payment of a search and rescue
van for the Sheriff's Department which was approved by the Board of Supervisors.
B-75 Housing anal Community Development Block Grant - 1978/79.
Transfers $40,000 from HCD Public Works to demolition and clearance within
the HCD budget to cover purchase of the Burbank School in E1 Medio.
APPROVE HOUSING REHABILITATION GRANT PROPOSAL - EOC
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, the Housing Rehabilitation Grant proposal with
the Community Services Administration through the Administering Agency of
Fresno County Economic Opportunity Council to provide labor and materials
to rehabilitate health and safety deficiencies in six low income family
occupied homes with the amount of the grant to be $10,000 with no local
matching, required that would operate from January 1 through September 30,
1979 was approved,
Nadeen West, EOC director, to be advised of letter from Claudine
Campbell concerning her application to the Department of Housing and Urban
Development for a 312 loan to rehabilitate her home.
APPROVE ENERGY CONSERVATION ASSISTANCE PROGRAM GRANT PROPOSAL - EOC
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the Energy Conservation Assistance Program
grant. proposal for submission to the California Energy Commission for an
Energy Conservation Assistance Program in the amount of $26,756 (state,
$15,628; and local in-kind, $11,128) for the period June 1, 1979 through
May 31, 1980 was approved.
APPROVE RENEWAL OF VARIANCE - LOUISE LUCAS
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the variance renewal to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home at 5708
Copeland Road, Paradise, AP 54-29-23, zoning: A-2 limited for Louise
Lucas was approved for a period of one year.
APPROVE REQUESTS FOR PENALTY RELIEF
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following requests for penalty relief were
approved:
1. Faith H. Lowe for AP 64-41-13.
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2. Milash Ukmijovich, two boat assessmentss(06-2783CZ and
06-4390GC).
ADOPT RESOLUTION 79=34 GIVING NOTICE OF INTENTION TO SELL TAX DEEDED
PROPERTY. AP 34-46-29. MINIMUM BID $400
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, Resolution 79-34 giving notice of intention to
sell tax deeded property, AP 34-46-29, minimum bid $400 was adopted and
the Chairman authorized to sign.
APPROVE CLAIM FOR EXCESS TAX SBLE PROCEEDS - TIM EIGHTY. AP 54-27-03
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the claim for excess tax sale proceeds pursuant
to Revenue and Taxation Code Section 4675 from Tim Lichty for sale of tax
deeded lands for AP 54-27-03 (sale 359b-1972) amount to $3,065.22 was
approved subject to review of.quit claim deed by Counsel.
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February 20, 1979
APPROVE FINAL SUBDIVISION MAP - ROBERT A. M4.RJAMA
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the final subdivision map located on the east side
of Neal Road between Dunster Drive aad Hickory, Way at Bayles Road, Paradise,
AP 51-31-35 was approved for Robert A, Narjama; public utility easements
and drainage easements as shown on the subdivision map and offered for
dedication were accepted; the Chairman authorized to sign subdivision
agreement.
ADOPT RESOLUTION 79-35 SUMMARY ABANDONMENT - PORTION OF HARRISON ROAD,
PARADISE: APPROVE QUIT CLAIM DEED TO ROBERT CLARK, ET UX
On motion of Supervisor Winston, seconded`iby~Supervisor Moseley
and unanimously carried, Resoltuion 79-35.fox summary abandonment for a
portion of Harrison Road was adopted and the Chairman authorized to sign;
and Chairman authorized to sign quit claim deed for said portion to Robert
Clark, ~t ux, in exchange for a drainage easement across Robert Clark
property.
On motion of Supervisor Moseley, seconded by~Supervisor Wheeler
and carried, the bid for the E1 Mante Avenue Bridge and approaches,
Project 55255B-75-1 was awarded to Jerome Bohlander of Chico in the amount
of $138,236; and transfer of funds was authorized as follows:
AWARD BID - EL NONTE AVENUE BRIDGE AND APPROACHES. PROJECT 55255B-75-1
$18,236 from completed Jordan Hill slip-out project
$1fl,000 from the road reserve
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AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke. NOES:
Supervisor Winston.
APPROVE ~30TICE OF COMPLETION - PARADISE LIBRARY HEATING PUMP INSTALLATION
.(BID 67-78)
Clay Castleberry, public works director, stated that he has
received approval €rom the emtrae~Q~ ts~ deny five days of the 30-day
extension request. This will be for the $500 estimated cost for energy
during this time. He has received the certified payroll. He recommended
that the extension be granted except for five days which would return to
the county out of pocket cost for excess energy in the amount of $500.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the 25 day extension of time was granted and
five days extension of time was refused; the work of Collins Sheet Metal
was accepted for the Paradise Library heating pump installation (Bid 67-78);
the notice of completion was approved and filing of said notice with the
Recorder was authorized; and final payment in accordance with the contract
retaining $500 for liquidated damages for five days extension nat allowed
was authorized.
DISCUSSION: LACK OF FUNDING FOR COUNTY SERVICE AREA (~21 (QAKRIDGE SEWER
DISTRICT
Clay Castleberry, public works director, set out the problem
with County Service Area ~'~21. The seal has broken on the bottom of the
ponds This needs to be sealed with clay, There is no money in the
county service area fund to pay for this. This is going into the under-
ground somewhere. It is 500 feet away from Butte Creek, He hoped that
in the future the county would not accept any of these service areas.
He will contact the property owners if the Board would liken
C1if Nickelson, administrative officer, recommended that the
Board loan the service area the money and then it would have to be repaid.
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February 20, 1979
February 20, 1979
79- This will cause the service area to have even less money to operate the
~'' following year.
Supervisor Winston stated that there are less than 40 people
hooked up to the system, There are some major property owners who should
be interested in maintaining the system.
Mr. Castleberry to contact property owners regarding the
problems.
313 PUBLIC HEARING DATE SET
A public hearing date of March 6, 1979 at 10:45 a.m. was set
for consideration of the environmental impact report for Myers Street
Assessment District No. le
314 APPOINTMENTS CONTINUED TO FEBRUARY 27 1979
The following appointments were. continued to February 27,
1979:
1. Appointment to the Butte County Mosquito Abatement District -
District 2.
2, Appointment to the Butte Gounty Council for Senior Citizens.
315 COMMUNICATIONS
Mr, and Mrs. R. K. Blasingame, Durhamo The Blasingames write appealing the
Planning Commission's denial of negative declaration and rezone
from '"A-5" to "R-1" for property located on the east side of
Jones Avenue approximately 300 feet north of Durham-Oroville
Highway, identified as AP 40-18-40, Durham. Set for hearing
March ~, 1979 at 10:30 aom.
Mrs. Alma Blasingame, Durham. Mrs. Blasingame writes in opposition to the
anticipated tax on small businesses conducted from homes (home
accupation ordinance)o See motion following communications.
Richard Bullerjahn, Chico. A letter containing 13 signatures has been
received requesting consideration for the placement of a traffic
signal light at the intersection of Fair Street and East Park
Avenue in Chico. Referred to Public Works for response.
A11en R. Kennedy, Chico. Mr. Kennedy writes concerning the scheduling
of assessment appeal hearings. Referred to Assessment Appeals
Board.
Claudine Campbell, Chico. Ms. Campbell writes concerning her application
to the Department of Housing and Urban Development for a 312 loan
to rehabilitate her home. Referred to Administrative Office
to follow up.
Paradise Municipal Advisory Council. The Council writes concerning the
issuance of street numbers and requirement to install appropriate
street signs. Referred to Public Works.
~egion~"C- Regional Criminal Justice Planning Board. I:. H. Casagrande,
planning director, forwards information concerning the LEAA
reauthorization legislation (S 241) and requests support from
the Board. Continued to February 27, 1979 so that Supervisor
Winston can contact Mr. Casagrande regarding this matter.
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February 20~ 1979
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February 20, 1979
COUNSEL INSTRUCTED Tfl THROW HOME OCCUPATION ORDINANCE IN TRASH CAN
Supervisor Winston stated that the Board had.oxiginally, asked
for the home occupation ordinance to help people to have home businesses.
All of a sudden there is $175 fee invalved. It was the intent of the
Board when this matter was first brought ug to help people not to tax
them. He suggested that if this matter had to go to environmental review
it should be forgotten.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Counsel was instructed to throw the home occupation
ordinance in the trash can.
ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Winston stated that he spent a week at Sonoma.
In reviewing the newspaper he found that Sonoma has the same problems
as Butte County. The number one problem is inflation. There is a
bureaucracy continuing to support programs. He felt that some of the
administration of some of these programs should be informed that its
about time to cut down on these programs.
Supervisor Winston stated that he had received a request from
Mr. Murphy, Mr. King and Mr. Custer from the City of B~;ggs requesting a
meeting with the Board for use of the Biggs Veterans Memorial Hall for
the senior citizens<
Supervisor Winston and Moseley were appointed to meet with
these people with Supervisor Winston to set the meeting up.
Clif Nickelson, administrative officer, stated that they had
received a communication from the City of Biggs stating that they had no
objection for using the Biggs Memorial Hall for the senior citizens as
long as a time can be arrived at.
COUNSEL TO BRING BACK CHANGE IN MEMORIAL HALL REGULATIONS TO ALLOW
CHARTERED VETERANS ORGANIZATIONS TO $I'L:ON~;MEMORIE4L'tH&LL COMMITTEE
Supervisor Winston stated that the current memorial hall
regulations allow for organizations that are chartered by the U. S.
Congress to sit onememorial hall committees. There is an organization
that is chartered by the state that would like to sit on the memorial
hail committee. He suggested that the memorial hall regulations be changed
to read that membership on memorial hall committees can be attended by
charter veteran organizations.
Counsel directed to bring back policy change for memorial
hall regulations February 27, 1979.
APPOINTMENT TO OROVILLE MEMORIAL HALL COMMITTEE
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the following were appointed to the Oroville
Memorial Hall Committee:
James Neal, regular member
Robert E.. Simpson, alternate member
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ADDITIONAL MATTER PRESENTED BY SUPERVISOR WINSTON
Supervisor Winston stated that when the Jesus West Coast '79
matter was heard before the Board it was his infant that all regulations,
including the stringent fire requirements, be complied with.
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February 20, 1979
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RECOMMENDATION FROM THE BOARD THAT EFFORT ON THE PART OF THE GOVERNOR'S
BUDGET TO REDUCE EXPENDITURES FOR FISH HATCHERIES AND OTHER GAME RELATED
MATERS BE OBJECTED TO AND RECOMNfENllATION BE SENT TO SENATOR JOHNSON,
AND ASSEMBLYMEN CRAPPIE AND STATHAM
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Senator Johnson and Assemblymen Chappie and Statham
are to be contacted with the recommendation from the Board that the effort
on the part of the Governor's budget to reduce expenditures for fish
hatcheries and other game related matters; be objected to finding that
support for these activities come from fine and license money.
EXECUTIVE SESSION: The Board recessed at 9:46 a.m. to hold an executive
session regarding a personnel matter.
RECONVENE: The Board reconvened at 10:08 a.m. following an executive
session regarding a personnel matter. Mr. Rackerby was given
instruction in the negotiation field,
PUBLIC HEARING: GEORGE AND LOTS SILVA - PETITION FOR VARIANCE TO SECTIONS
19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME
AT ROUTE 2. BOX 44 (CUMNECNGS ROAD),_DURHAM, AP 40-17-104. ZONING: A-5
The public hearing of George and Lois Silva petition for variance
to Sections 19-10 and/or 19-12 of the Butte County Code for placement of
a mobile home at Route 2, Box 44 (Cummings Road, Durham, AP 40-I7-104,
zoning: A-5 was held as advertised.
Lynn Vanhart, environmental health director, set out the
background of the petition for variance. The petition is in order,
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board,
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On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the petition for variain.ce to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home for George
and Lois Silva at Route 2, Box 44 (Cummings Road), Durham, AP 40-17-104,
zoning: A-5 was approved for a period of one year.
PUBLIC HEARING: THOMAS AND LINDA WELLS - PETITION FOR VARIANCE TO SECTIONS
19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME
AT 7080 LOWER WYANDOTTE ROAD, OROVILLE. AP 27-03-17. ZONING:. A-5
The public hearing for Thomas and Linda Wells petition for
variance to Sections 19-10 and/or 19-12 of the Butte County Code for
placement of a mobile home at 7080 Lower Wyandotte Road, Oroville,
AP 27-03-17, zoning: A-5 was held as advertised.
Lynn Vanhart, environmental health director, set out the
background of the petition for variance. Tt is in order.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board,
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the petition for variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home for Thomas
and Linda Wells. at 7080 Lower Wyandotte Road, Oroville, AP 27-03-17, zoning:
A-5 was approved for a period of one year.
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February 20, 1979
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February 20, 1979
STATUS REPORT ON RARE II PROGRAM BY DEWE'Y' RISCIONI, USFS
Mr. Dewey Riscioni was present to discuss the U. S. Forest
Service status report on RARE II program. RARE is an effort that went
into 1977. It was decided that 1900 plus areas be put into roadless areas of
300 acres in size or larger. The Forest Service manages 187 million
acres. It was decided that there were 62 million acres as potential
roadless areas. Butte County has one area entirely located in the counCy.
The Bald Rock area is entirely in Butte County and has been designated
as a future study area.
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There are three classifications: (1) recommended to Congress
for wilderness status, (Butte County has none); (2) future study; and
(3) revert back to multiple use. The middle fork of the Feather River
is another future study area in Butte County that has 3,600 acres. ,
Chips Creek Roadless area on the Plumas and Lassen National Forests
has 1200 acres that are located in Butte County. Bald Rock area is totally
encompassed by the boundaries of the Feather Fa11s scenic area. This
area will be further studied in the land use plan. The study is taking
place and will be finished in two or three years. They are currently
involved in preparing an~- environmental analysis for the Bald Rock area
and the Feather River area. California had 6 million acres identified
as potential roadless areas. These were divided into-the three classifi-
cations mentioned above.
Mr. Riscioni statedcthat the Forest Service would continue to
advise the Board of the progress. There will be public involvement,
EXECUTIVE SESSION: The Board recessed at 10:21 a.m. to hold an executive
session regarding litigation.
RECONVENE: The Board reconvened at 10:50 a.m. following an executive
session regarding litigation, There is nothing to xepaxt.
APPEAARANCE: TOM WILSON, PARADISE
Mr. Wilson stated that he had talked with the Office of Planning
and Research for community assistance. He was advised that grants are
available for civic auditoriums and civic centerso He would like for the
Board to take some action on this matter. He was advised to work through
the Board for requesting a 701 grant. He was given the opinion from HUD
that the project should qualify for block grant in 1980-81 if approved
by the Board. HEW had advised that the eligibility for funds cannot
be based on the need for an art centero They will concentrate on the
needs of senior citizens, youth, indigents and handicapped persons.
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Mr. Wilson was instructed to meet with the Administrative
Office for assistance with this mattero
APPEARANCE: LEO KNOX
Mr. Knox stated that tee would like to know what the Board policy
is regarding "A-2" zoning. He has a parcel map going through.
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Chairman Lemke advised that the Board's original policy was
that the zoning be changed prior to issuance of a use permit in the "A-2"
zoning. Now, the policy has changed and Planning is now adding the
condition that zoning be applied for and diligently pursued. He would
like to see this condition removed.
Mr. Knox did not feel that a person should be required to
rezone one areao The County should come in with a zoning plan fox the
entire area. This would be spot zoning.
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Public Works was instructed to get together with Planning and
talk with Mr. Knox.
The matter was continued to February 27, 1979 for a report
back to the Board on what can be done.
APPEARANCE: ANTHONY SANTOS
Mr. Santos spoke regarding Santos Drive. About seven or eight
years ago the Board took an action to ask the State of California for a
access o£f Highway 32. He went to work askixg the county for a b0-foot
approach into his property, He did all of the things he was suppose to.
He paid for the state portion of it. There was 500 feet that would be
built and deeded to.the county. He posted a $20,000 bond. He gave the
deed to the county. Seven years later he sold the ranch. He found out
the deed was never recorded. He has no interest in the property at this`
time. Dr. Harris now owns the property. In negotiations since last
July, Dr. Harris wants $25,000 for the mistake that was made somewhere
in the county. He did not feel it was his responsibility to have the
deed recorded. He did not believe the county would have released his
bond unless the requirements were met. The approach is in. There are
several people using the road, He has been under the assumption that
this road was a county road.
Mr. Santos did not believe that he should pay the $25,000
for the right-of-way. He has submitted a letter in response to the'
letter that he received. This has not been received by the Board to
date.
Counsel was instructed to meet with Mr. Santos and Public
Works to txy to come up with a solution.
APPEARANCE; STANLEY FORTIER
Mr. Fortier spoke regarding herbicide drift and damage to his
orchard. He received a report from the local agricultural office in
response to the testing done at the county level and at the state level.
His tax bill came out with another $200,000 assessment for dying Kiwis.
There are others being hurt.
Mr. Fortier spoke regarding Mr. George Neary's problems with
his cattle in Tehama County. This happened when a state agency came on
his property telling him what to do. This can cause a lot of problems.
Mr Fortier was concerned with the beekeeping ordinance that
is being proposed.
Mr. Fortier asked. for any assistance that the Board could give
him regarding his problems with herbicide drift.
Chairman Lemke advised Mr. Fortier that the study on herbicide
drift is an on-going program. Tt has come from the state. There is a
appeals procedure .. .. open regarding the assessment on the trees. The
county is not involved with Mro Neary's problem. The beekeepers' ordinance
will be spoken to at a meeting being held today.
ADJOURNMENT
There being nothing further before the Board at this time,
the meeting was adjourned at 11:25 a.m. to reconvene on Tuesday, February 27,
1979 at 9:00 a.m.
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ATTEST: CLARK A. NELSON, COUNTY CLERK ~
and ex-officio Clerk-of the ~ --;~
Board of Supervisors Chairman, Boar of Supervisors
By Page 141. February 20, 1979