HomeMy WebLinkAboutM022680February 26, 1980
iSTATE OF CALIFORNIA )
SS.
COLZVTY OF BUTTE )
80- The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
~ Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke.
'Clif Nickelson, administrative officer; Dan Blackstock, county counsel; and
Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
288 APPROVAL OF MINUTES - CONTINUED TO MARCH 4, 1980
The;~approval of the minutes of February 19, 1980 were continued
to March 4, 1980.
289 APPROVAL OF VETERAN S SERVICE OFFICER MERIT INCREASE - CONTINUED TO
MARCH 4, 1980
It was moved by Supervisor Moseley, seconded by Supervisor Dolan
that the merit increase effective February 16, 1980 advancing from step C
to step D at range 21.0 for the Veteran`s Service Officer be approved.
Motion withdrawn.
The matter was continued to March 4, 1980.
290 AUTHORIZE PERSONNEL DIRECTOR TO SIGN CETA COMPUTERIZED PROGRAM CONTRACTS
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the Personnel Director was authorized to sign
contracts for acquisition of the computer and the grant management system
for CETA subject to approval by Counsel and the Auditor.
291 AUTHORIZE SENDING OF LETTER OF ENDORSEMENT OF THE MEALTH MAINTENANCE
ORGANIZATION/INDEPENDENT PRACTICE ASSOCIATION (HMO/IPA) CONCEPT PRESENTED
BY BUTTE-GLENN MEDICAL FOUNDATION
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the sending of a letter of endorsement of the
Health Maintenance Organization/Independent Practice Association (HMO/IPA)
concept presented by Butte-Glenn Medical Foundation was authorized and
the Chairman authorized to sign.
292 AWARD BID - NORTH CHICO FIRE STATION RELOCATION
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the bid for the North Chico Fire Station relocation
project which includes asphalt paving, installation of aseptic tank, leach
lines, gas tanks, underground utilities and removal, transportation and
installation of a metal framed building was awarded to Bob I. Becker of
Paradise in the amount of $48,650 which exceeds the original estimate and
budgetary appropriation of $38,702 with budget transfer B-95 having been
prepared to provide for the increased appropriation.
293 ADOPT RESOLUTION 80-36 AMENDING RESOLUTION 79-43 MODIFICATION OF AGREEMENT
RE: SUPERINTENDENT OF SCHOOLS TRANSFER OF FUNCTIONS
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, Resolution 80-36 amending Resolution 79--43
that would provide for the Superintendent of Schools to administer the
old Administration Building remodel project was adopted and the Chairman
i authorized to sign.
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February 26, 1980
February 26,_ 1980
80- 294 DESIGNATE AUDITOR-CONTROLLER AS OFFICTAL TO DETERMINE ANNEXATION AFFECT
~ On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the Auditor-Controller was designated as the
official to determine annexation affect.
295 APPOINTMENT OF TASK FORCE TO STUDY PUBLIC.EMPLOYEES.RETIREMENT.SYSTEM
Personnel Director and Risk Management Coordinator to do delibera-
ations and make the actuary report on the Public Employees Retirement
System study and submit to the Board's budget committee.
296
297
APPROVE BUDGET TRANSFERS,.
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, the following budget transfers were approved:
B-90 - Court Work Referral Program. Transfers $3,500 from salaries
and wages to extra help in order to cover existing budgetary deficiencies
and to provide an additional appropriation through the end of the grant
(March 31, 1980).
B-9l - Community Action Program - Senior Nutrition Project, Transfers
$6,600 from other costs to travel in order to correct the budgeta-ry line
item for gasoline expenses.
B-92 - Probation - 6S e_p cial Programs (AB 90 Administration).
Transfers $7.00 from publications and legal notices to office expense to
cover the cost of the published notice of~public hearing required by
SB 1208.
B-93 - Assessor. Transfers $3,260 from transportation and travel
to professional and specialized services to provide an additional
appropriation for contracting of oil and gas deposit appraisals.
B-94 Contributions to Other Agencies. Transfers $110,000 from
revenue sharing - structures and improvements (remodel of old Administration
Building) to unallocated revenue sharing; and also transfers $110,000
from the reserve to contributions to other agencies. The purpose of this
transfer is to facilitate the change in contract administration to
Superintendent of Schools for the remodel of the old Administration Building.
B-95 - Fire Protection. Transfers $47 from professional and
specialized services, $55 from equipment and $9,948 -from the reserve; for
a total of $10,050 going to structures and imgrovements in order to
facilitate the award of bid for the North Chico Fire Station relocation
project.
B-96 - Public Health - Drug Counseling and Referral Center.
Provides an additional appropriation to: office expense, $750;
professional services, $4,570; special departmental expense,
$1,700; and transportation and travel, $800. Total amount of the,
transfer is $8,000 with funding coming from the State Department of
Alcohol and Drug Program (Short--Doyle). Purpose of this transfer'-;is
to provide an additional appropriation to coordinate a number of
training activities to prevent drug abuse as requested by the State
Department of Alcohol and Drug Programs and the Northern California
Rural Drug Program Council.
ADOPT RESOLUTION 80-37 AUTHORIZING APPLICATION FOR GRANT FOR HCD 701 NEEDS
ASSESSMENT EVALUATION PLANNING GRANT
Bettye Blair, planning director, set out the information that
had been forwarded from Ward Connerly regarding the HCD 701 grant.
It reads somewhat the same as was presented to the Board last week.
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February 26, 1980
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February 26, 1980
They made an application for a 701 grant which was not successful. The
recent pxeparation of the data-base for E1 Medio was on a piece meal basis.
She felt there was adequate in-kind match money that it will not cost the
county money.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, Resolution 80-37 authorizing the application for the 701
grant for HCD in the amount of $11,000 that would require $5,500 in-kind
match was adopted and the Chairman authorized to sign. AYES: Supervisors
Dolan, Moseley and Wheeler. NOES: Supervisor Winston and Chairman Lemke.
298 COMMUNITY ACTION BOARD AGREEMENT - CONTINUED TO MARCH 4, 1980
Supervisor Winston felt that the approval of the agreement
with the Community Action Board for administration of the program was
practically degreening. The only item the Board would have would be
general responsibility to enforce compliance with all grants received.
Tim McNaughton, executive director of Community Action Agency,
stated that the Auditor would still be handling the expenditure of funds
for the grants. The Board would still have the final approval on the
acceptance of any grants.
Discussion of possible degreening held at this time. Mr.
McNaughton stated that there would have to be a phase out period before
the degreening was completed.
The agreement was continued to March 4, 1980 at be discussed
at the same time as the discussion on the possible degreening of the
Community Action Agency.
299 AUTHORIZE HEAD START EQUIPMENT PURCHASES
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the purchase of a trike trailer in the amount of $55 and a water
play table with drain in the amount of $89.50 for use in the Head Start
program were authorized. AYES: Supervisors Dolan, Moseley, Wheeler and
Winston. NOES: Chairman Zemke.
300 APPROVE 1979 PROGRAM PROGRESS REVIEW REPORT -- CAA
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the 1979 Program Progress Review Regort far
Community Action Agency was approved and the Chairman authorized to sign.
301 AUTHORIZE RELEASE FROM ACCOUNTABILITY - MENTAL HEALTH
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, release from accountability for a Lanier dictating
machine (inventory ~~14280) as a result of its theft between December 11-13,
1979 for the Mental Health Department was authorized.
302 PUBLTC HEARING DATE SET
The following public hearing dates were set:
1. A public hearing date of March 11, 1980 at 10:00 a.m. was
set for consideration of George and Adele Hackett petition for variance
to sections 19-10 and/or 19-12 of the Butte County Code for placement of
a mobile home on AP 39-25-6, Route 3, Box 97, Burdick Road, Chieo area.
Zoning: "A-20"
2. A public hearing date of March 11, 1980 at 10:00 a.m. was
set for consideration of Ted Huber petition for variance to sections I9-10
and/or 19-12 of the Butte County Code for placement of a mobile home on
AP 26-17-2-6, 7549 Lincoln Boulevard; Oroville area. Zoning: "A-2"
Page 228.
February'26, 1980
80- 303
~'
304
305
_____February~f, 1980 _ __ ~____~___
APPROVE AMENDMENT TO 1979-80 COUNTY DRUG ABUSE BUDGET
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, the amendment to the 1979-80 county drug abuse budget to
coordinate a number of training activities to prevent drug abuse as
requested by the State Department of Alcohol and Drug Programs and the,
Northern California Rural Drug Program Council was approved. AYES:
Supervisors Dolan, Wheeler and Chairman Lemke. NOES: Supervisors
Moseley and Winston.
APPROVE AMENDMENT TO 1979-80 "409" DRUG PREVENTION CONTRACT
On motion of Supervisor Dolan, seconded by Supervisor Winston
and unanimously carried, the amendment to the 1979-80 "409" drug prevention
contract making changes to the budget that was submitted to the state with
the overall cost of the budget remaining the same as originally approved
($15,916) was approved and the Chairman authorized to sign.
It was moved by Supervisor Wheeler, seconded by Supervisor Dolan
that the 1980-81 County Drug Abuse Plan and prevention project proposal be
approved; and the Drug Abuse Coordinator be authorized to submit the budget
to the state.
Discussion regarding the statistics and cost of the drug prevention
program held at this time.
Dr. Svihus stated that he shared the Board concerns regarding
the cost and the amount of good that is done. He did not think that they
could ignore the problem or make it go away. The emphasis has been
changed to education and prevention. This applies not only tb children
but also to adults.
Ted Clemm, drug program, spoke regarding the drug abuse and
prevention program. Every child will be confronted with the choice.
There are 50% of the children that will try drugs or alcohol and 5% to
10% will have trouble. How are you able to deal with that kind of problem.
There is a ten year history dealing with the problem. The problem is not
going to go away. The biggest problem is prescription drugs. There are
two groups in Butte County that they need to target to and that is the
19-24 group and the elderly group. They will begin to work with elementary
school children in a preventative program. Recognizing that they have limited
resources, they have to figure out a way to use the money in the best
approach. They are trying to train other individuals. They hoped that
they could minimize the drug impact on everyone. The statistics cited
relate to the treatment component and do not relate to the other activities.
Ci~AIRMAN LEMKE ABSENT AT THIS TIME
Vote on motion:
AYES: Supervisors Dolan, Moseley, Wheeler Winston
ABSENT: Chairman Lemke
Motion carried.
306 (APPROVE TREASURER-TAX COLLECTOR ITEMS
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, the following Treasurer-Tax Collector items were approved:
1. Authorized penalty relief for United California Mortgage
Company for AP 42-19-035.
2. Denied claim for refund of taxes for Shirley I. Buzza
for AP 45-37-2-006.
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February~26, 1980
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_ _ February 26, 1980 _ _
3. Denied claim for refund of taxes for Dianne C. Sheats
'or Account ~~921--23-0-013-0.
APPROVE ENCROACHMENT PERMIT - TABLE MOUNTAIN BOULEVARD BRIDGE @ FEATHER
RIVER - DEPARTMENT OF WATER RESOURCES
On motion of Supervisor Winston, seconded by Supervisor Dolan
and carried, an encroachment permit with Department of Water Resources
granting Butte County permission to construct, maintain and operate the
Table Mountain Boulevard Bridge @ Feather River on land under the jurisdiction
of DWR with the county being required to acquire an easement and also pay
expenses estimated at $5,000 for DWR personnel inspections of the construction
and review of the plans was approved and the Director of Public Works
authorized to sign.
APPROVE PLANS AND SPECIFICATIONS - LINCOLN BOULEVARD (PROJECT N0. 18491-78-1)
AND COLUSA HIGHWAY (PROJECT N0. 09161-79-1)
On motion of Supervisor Winston, seconded by Supervisor Dolan
and carried, the plans and specifications for Lincoln Boulevard {project
No. 18491-78-1) and Colusa Highway (Project No. 09161-79--1) were approved;
the Chairman and Director of Public Works were authorized to sign the plans;
the wage scale was adopted; and the bid opening was set for 11:00 a.m.
on March 20, 1980 in the Public Works office.
RECESS: 9:50 a.m.
RECONVENE: 10:05 a.m.
CHAIRMAN LEMCrE PRESENT AT THIS TIME.
CLOSED HEARING - JAMES`>E. HARTMAN - APPEAL OF ADVISORY AGENCY'S APPROVAL
OF DRAFT EIR AND VALLEY VIEW TENTATIVE SUBDIVISION MAP, AP 34-27-116,
80 LOTS, NORTHEAST SIDE OF OAKVALE AVENUE, 1,500 FEET SOUTHEAST OF
HTLLDALE. OROVILLE WAS CONTINUED TO LATER IN THE MEETING
Discussion, of the letter dated February 24, 1980 by Mr. Hartman
held at this time.
Clay Castleberry, public works director, stated that the Subdivision
Committee reviewed the map and approved the configuration with the length
of the cul-de-sac. On the question about the extension of D Street,
the county has a standard plan of cul-de-sacs within a right-of-way
whenever there is a chance of the street being extended. Regarding the
street in question, there is an intersection and a right-of-way has been
extended and enlarged to be a turn around. Both of these items are present
in the city and the county. On this basis the Subdivision Committee
approved the development. The county has a standard plan £or constructing
a turn around, a temporary turn around. He felt that the questions
raised in the letter had been addressed. He set out examples of where the
committee had allowed this type of development.
Counsel to prepare an opinion regarding the information
presented about the validity of the~rmap and the procedure followed in
drawing the map as far as any variance as it applies to Butte County Code.
The hearing was continued to later in the meeting.
310
PUBLIC HEARING: BURBANK SCHOOL SITE - PROPOSALS (SID OPENING) FOR THE
SALE OF THE SCHOOL SITE
The public hearing on the Burbank School site proposals (bid
opening) for the sale of the school site was held as advertised.
Bids were opened at this time. There was one bid received
from Johnny D. and Susan Luallan, Chico in the amount of $95,000.
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February 26, 1980
The bid procedure was opened to the public at this time to
receive any bids 5% over the bid of $95,000.
Appearing: No one.
Hearing closed to the public and confined to the Board.
311
The hearing was continued to March 4, 1980 for a report from
Planning Director.
ADOPT RESOLUTION 80-38: PUBLIC HEARING: AB 90 COUNTX JUSTICE SYSTEM
SUBVENTION PROGRAM - 1980-81 APPLICATION
The public hearing on the AB 90 County Justice System
Subvention Program -- 1980-81 application was held as advertised.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
312
Supervisor Winston stated that he was concerned about
discussion of a grant for the 1980':':=81 period and committing $55,000
to $56,000 in Butte County funds. He did not feel that the Board
could approve using that amount of county money at this time.
Clif Mickelson, administrative officer, stated that with the
exception of the Victim Assistance Program everything in the grant was
being originally gaid for out of county funds. The funds in the Probation
Department are paid for out of AB 90 funds.
Wally Herring, probation officer, stated that the positions
included in the grant were regular ;,positions. He will be back to the
Board with the reductions in his budget by 25% and 50% 3n two weeks.
This would be including the items listed in the grant. These monies are
going in to fund that total budget. There is a chance that the
application would be amended. These are the same kind of funds being
used for the District Attorney's Office.A significant percentage of
calaries are coming through these monies and the remainder is county
funds. He requested that this grant application be approved with the
full consideration that it may or may not be changed.
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, Resolution 80-38 approving the 1980-81
application under the AB 90 County Justice System was adopted and the
Chairman authorized to sign.
PUBLIC HEARING: FLOYD F. SANNAR - APPEAL OF CONDITION ~k10 & WALTER G.
LITTLE, ET AL APPEAL OF PROPOSED NEGATIVE DECLARATION AND TENTATIVE
SUBDIVISION MAP APPROVED BY ADVISORY AGENCY FOR WEST LIBERTY ESTATES
SUBDIVISION, ELEVEN LOTS, AP 21-131-17 & 18, NORTHEAST CORNER INTERSECTION
OF LEWIS OAK ROAD AND WEST LIBERTY ROAD, GRIDLEY AREA
The public hearing on Floyd F. 5annar appeal of condition X610
and Walter G. Little, et al appeal of the proposed negative declaration
and tentative subdivision map approved by the Advisory Agency for the
West Liberty Estates Subdivision, eleven lots, AP 21-131-17 and 18,
northeast corner intersection of Lewis Oak Road and West Liberty Road,
Gridley area was held as continued.
Earl Nelson, environmental review director, stated that the
Board required an ETR at the last hearing on this matter. The main
questions were the location of potential conflicts with adjoining
agricultural uses and ovexall growth trend in the area. The map in
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February 26, 1980
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February 26, 1980
:he EIR shows the project site in relationship to the surrounding area.
[e understood there was a proposal far the rezone '- of the Gridley area.
'he proposal is to pull back the boundary of the residential areas and
.cave it in agricultural us.e. Mr. Nelson set out the impacts referred
:o in the General Plan at this time.
Bettye Blair, planning director, stated that sT~stxsd just
resented the update on the planning concerns on this project. The
oard has copies of the report prepared in June, 1979. In as much as
he Board has since adopted the new General Plan Land Use Element
mendment, new policies came into the plan even though the delineation
id not. The Planning Commission has a proposal worked out with the
ommittee of interested citizens in Gridley. There is a zoning proposal
nd a General Plan amendment. They are still waiting to go to hearing
n these matters. The commission has proposed to pull back the residential
esignation which would exclude this property and propose it for orchard
[zd field crop. This request came out of committee about two months ago.
he original approval of the map by the Advisory Agency was in July, 1979.
Discussion of the proposed changes held at this time.
visor Moseley felt that the proposal should have followed the road
closely. Unfil just recently this property would not have been
ded in what the city was proposing in the city plan.
Supervisor Winston stated that within 2,000 feet there are
houses. Some of these show maximum density configurations.
Ms. Blair stated that there was no question that there are
en residences about one-fourth mile west of the subject property
the first road to the west. She set out what the map showed in the
of improvements at this time.
Hearing open to the public. Appearing:
1. Gary;.- Little. Mr. Little spoke in opposition to the
roject. He is involved in farming adjacent to the proposed development.
e felt the Gridley City Council and the Planning Commission had gone on
ecord as being opposed to the project. This area is not included
dthin the area set apart and designated as future residential areas
.djacent to Gridley. In as much as the master plan for proposed zoning
.nd rural areas in Gridley are under study, and the ETR will be prepared
or that hearing, he felt would be inconsistent at this point to approve
evelopment of any type of residential subdivision in an area being
rogosed for orchard and field crop. Tt is currently proposed for
A-40" zoning. He was concerned about drainage. He farms peaches to
he west of this property. His property is lower than-the subject
roperty. There are times that drainage from this property goes into
.is property. The drainage in the area is barely adequate during the
ummer. He was concerned with the dust problems from agriculture onto
'esidential uses. This could cause an adverse effect to the residences
.hat are not accustomed to agriculture. Lewis Oaks Road is a narrow
ounty road. It is barely passable for two vehicles at a time.
Mr. Little stated that the biggest problem which he did not
eel was sufficiently covered in the EIR was pesticide application.
here. are new and more restrictive pesticide regulations now in effect.
his could create a problem for the farming industry if there were
oases allowed in the area of agriculture. He has been advised by the
gricultural Commissioner's Office that his situation would change
rastically should homes be built adjacent to his property. Tf the
omes were allowed he would have to have a buffer zone from 100 feet
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February 26, 1980
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February 26~ 1980 _ _ _ _ _ _ _
to 200 feet from the county road. This would mean six to eleven rows of
peaches he would be unable to spray. Mr. Little set out the requirements
for the regulations at this time. He felt that even if the orchards were
posted it would be difficult to keep children out of the orchards.
This would create a liability they do not have at this time. Mr. Little
stated that the homes on Block Avenue were purchased before had obtained
the land they are now farming.
2. Gary Carlin. Mr. Carlin spoke in opposition to the project.
He farms property east of this parcel. He concurred with the comments
of Mr. Little. He felt that the most important concern was the pesticide
application. As density becomes greater they will not be able to find
pilots to spray their fields. Many times people become irriated with
the noises of farming as this is done quite often at odd hours. The
proposed subdivision is lawers~ than his farm. There is a possibility
of flooding of the subdivision if a levee were to break. The subject
property is surrounded on three sides by orchards.
3. Richard Sannar. Mr. Sannar stated that drainage would
be required by the Public Works -epartment to be collected to the
nearest drainage ditch. It will not be allowed to go into the orchard.
There is a separate drain that drains to the west. One of the other
points raised dealt with the application of pesticides. There axe
substitutes for some of the pesticides that axe equally effective.
The regulations require that the applications be confined to the
property be sprayed.. There will be considerable space between the
orchard and the homes as proposed. The new regulations will apply
whether there are homes in the area ox not. There were comments that
the City Council and Planning Commission had indicated there were not in
agreement with this development. The Planning Commission felt in
their report that the proposed land division does not conflict with
the elements of the general or community plans. He felt that they
should not be penalized by something that may or may not be approved.
Mr. Sannar spoke about the possibility of children entering the
orchards that had been sprayed. The weir at the channel at the corner of
the property has been used as a swimming hole for the local children for
years. This has been a problem; it is a current problem. The area is
urban to a degree already. The farmers are currently spraying around houses
in the area.
Mr. Sannar answered Supervisor Dolan's questions regarding
sufficient drainage for the area. There has been a period of intense
rainfall and the drainage channel downstream going to Morrison Slough
was near capacity and there was no flooding in the area. The storm
that hit the area recently was probably a 20-year storm. The increase
from a 10-year storm would be less than one cubic foot per second.
3. Gary Carlin. Mr. Carlin stated that Mr. Sannar pointed
out current problems. With the increase of eleven lots for residential
use would increase the problems.
4. Howard Johnson. Mr. Johnson felt that if the project
was approved the area would become difficult to farm. He felt this
would be setting a precedent of asking for additional development in
the area. He felt the Board needed to defend farmland.
5. Floyd Sannar. Mr. Sannar stated that Mr. Carlin rents
a little piece of property. Mr. Little has four or i=ive acres which
is a very small amount of farming. There are some of the property owners
that are in favor of the project. He felt that if they had followed the
rules, they should be allowed to have their project.
Page 233.
February 26, 1980
February 26, 1980
80- 6. Arthur Carlin. Mr. Carlin stated that he owned 70 acres
5 ~ one-third mile southwest of the property. There will be an impact on
flying pesticide applications within one-half mile of the property.
7. Gary_Little. Mr. Little stated that in the EIR it stated
that the Gridley Planning Commission were not adverse to the development.
He asked that Mr. Nelson advise the Board who the letter was from.
Mr. Nelson stated that the comments came from the planning
consultant to the City of Gridley.
Mr. Little stated that there was indication that a letter was
forthcoming from the Planning Commission stating that the consultant
had not authority to take the action he took. He rebutted the comments
made regarding the fart that he had four or five acres. He farms
200 acres adjoining that property. The buffer zone would be required
if the homes were constructed.
8. Gary Carlin. Mr. Carlin stated that the same thing applies
to his property. His property was within one-half mile of the project.
9. Richard Sannar. Mr. Sannar stated that each of the orchards
already had homes within the area being described as a buffer zone.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, a motion of intent was made to have the Environ-
mental Review Director bring the matter back with findings.
Discussion of the appeal on condition ~~10 held at this time.
It was felt that the paving would be extending the current paving by about
six feet of paving and widening. There were no plans for major repair
on the road.
It was moved by Supervisor Moseley, seconded by Supervisor
Wheeler that the appeal of condition ~k10 be upheld.
Motion withdrawn.
It was moved by Supervisor Moseley, seconded by Supervisor Wheeler
that the Board approve a motion of intent to approve the project and
direct the Environmental Review Director to prepare the necessary
findings to the EIR and bring the matter back next week, March 4, 1980.
Supervisor Winston stated that recently the Board had been
asked to act on several subdivisions. He has been accused of not having
concern for agricultural land. He asked that anyone that questions his
actions to please check the record. He felt that he had been consistent.
He did not believe in zoning after the fact. This is in "A-2" zoning.
The people who owned this groperty were told in June, 1979 that the
General Plan designation was low density residential. This project does
not conflict with the Generai~lan. He was in favor of the motion on that
basis.
Supervisor Dolan asked what happened at the end of the Line.
was the determination by the Board of Supervisors. She felt that the
people applying for projects should be advised of this fact. The
application is not a guarantee of approval. She felt that the appeal
had been filed by people who had legitimate concerns on impact.
She felt that from testimony that this was a significant intrusion
into agricultural land. This'?+ari unzoned area but the Board must
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February 26, 1980
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look at the surrounding uses. She was concerned about the pesticide
uses for agriculture that could be effected with residential use.
This would create a burden on the farmers.
Supervisor Moseley stated that she could go along with what
Supervisor Dolan was saying if Mr. Sannar had not started the project
as early as he had and had been told that he could do this. She did not
feel that the county had the right to tell the people at this point that
they could not have the project.
Supervisor Wheeler stated that she was amazed at Supervisor
Dolan's concern regarding pesticide when she did not vote on the resolution
in opposition to the pesticide regulations.
Supervisor Dolan stated that she had abstained from voting
on the resolution because she had not seen the regulations. She was
concerned about the regulations. What the Soard is considering is a
subdivision.
Chairman Lemke stated that he had made a drawing on his map
where the designated dwellings were and there would be no way to spray
the area by air with the dwellings now in existence.
Vote onrmotion:
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolan
Motion carried.
PUBLIC HEARING: LEE COLBY - WYNOKA HOMES - PROPOSED NEGATIVE DECLARATION
AND GENERAL PLAN LAND USE ELEMENT MAP AMENDMENT TO CHANGE FROM LOW DENSITY
RESIDENTIAL DESIGNATION TO AN INDUSTRIAL DESIGNATION, PROPERTY LOCATED
ON THE EAST SIDE OF LINCOLN BLVD. FROM A POINT LOCATED 1,320 FEET
SOUTH OF MONTE VISTA AVENUE TO A POINT LOCATED 3,300 FEET SOUTH OF
MONTE VISTA AVENUE, TO A DEPTH OF 1,320 FEET, IDENTIFIED AS AP 36-20-7,
27 & 28, OROVILLE - CONTINUED TO APRIL 1, 148.0 AT 10:00__A.M.
The public hearing on Lee Colby, Wynoka Homes, proposed negative
declaration and General Plan Land Use Element map amendment to change from
low density residential designation to an industrial designation,property
located on the east side of Lincoln Blvd. from a point located 1,320 feet
south of Monte Vista Avenue to a point located 3,300 feet south of Monte
Vista Avenue, to a depth of 1,320 feet, identified as AP 36-20-7, 27 and
28, Oroville was held as advertised.
313
Bettye Blair, planning director, set out the background of the
project. The Board has copies of the minutes and staff findings. This
is a general plan amendment and the Board has approved one amendment
this calendar year. They have seven general plan amendments in process
at this time. The Board is only allowed three amendments in one calendar
year.
Earl Nelson, environmental review director, set out the background
of the negative declaration. The change is from commercial to industrial.
The impacts are relatively similar. Industrial probably has lower traffic
generation.
Hearing open to the public. Appearing: Lee Colby. Mr.
Colby spoke in favor of the project. He set out the reasons for the
request. They would like to have the rezoning done by July.
Page 235.
February 26, 1980
80-
S
___---____= FebruarY26~1980_________________
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wins ten, seconded by Supervisor Aolan
and unanimously carried, on the basis of the initial evaluation, finding
the proposed project could not have a significant effect on the environ-
ment, a negative declaration was accepted.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, a motion of intent was made to approve the
General Plan Land Use Element Map amendment to change from low density
residential designation to an industrial designation, property located
on the east side of Lincoln Blvd. from a point located 1,320 feet south
of Monte Vista Avenue to a point located 3,300 feet south of Monte Vista
Avenue, to a depth of 1,320 feet, identified as AP 36-20-7, 27 and 28,
Oroville and that the hearing be continued to April 1, 1980 at 10:00 a.m.
314" APPEARANCE: LEE=:COLBY
Mr. Colby spoke regarding the lengthy meeting held regarding the
hearing on the subdivision. There is a housing element in this county.
It is necessary to house the people. The people do not apply for zoning
because they want to sit back and use the property as they please. He
was against interim zoning. If the people want a zone they should
apply for it. He did not feel the Board should use adverse condemnation.
RECESS: 12:06 p.m.
RECONVENE: 1:34 p.m.
315 ADOPT ORDINANCE 2079: PUBLIC HEARING: WALLACE HERRING - PROPOSED NEGATIVE
DECLARATION AND RE20NE FROM "R-N" (RESIDENTIAL - NON-CONFORMING) TO "C-2"
(GENERAL COMMERCIAL), PROPERTY LOCATED BETWEEN WYANDOTTE AVENUE AND
PEARL STREET, APPROR. 150 FEET EAST OF LINCOLN BLVD, IDENTIFIED AS
AP 35-063-4 7 & 12 OROVILLE
The public hearing on Wallace Herring proposed negative declaration
and rezone from "R-N" (residential - non-conforming) to "C-2" (general
commercial), property Located between Wyandotte Avenue and Pearl Street,
approximately I50 feet east of Lincoln Boulevard, identified as
AP 35-063-4, 7 and 12, Oroville was held as advertised.
Bettye Blair, planning director, stated that the Board had
the report from the Planning Commission that this is in conformity with
the General Plan and recommended approval.
Earl Nelson, environmental review director, set out the background
of the negative declaration. This is a relatively small area and he
recommended a negative declaration.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, finding the proposed project could not have a
significant effect on the environment, a negative declaration was accepted.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the rezone from "R-N' (residential - non-conforming)
to "C-2" (general commercial}, property located between Wyandotte Avenue
and Pearl Street, approximately 150 feet east of Lincoln Boulevard,
identified as AP 35-063-4, 7 and 12, Oroville for Wallace Herring was
approved finding. the proposed project is in conformity with the General
Plan; Ordinance 2079 was .adopted and the Chairman authorized to sign.
Page 236.
February 26, 1980
80- 316
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317
318
_ _ = _ _ _ _ _ _ _ _ _ =February 261 1980 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
APPEARANCE: ROBERT MILLINGTON
Mr. Millington stated that he would like to speak to the Board
regarding the Don Tourte matter.
Mr. Millington was advised that this matter would be considered
later in the meeting.
APPEARANCE: HENRY MC CALL
Mr. McCall addressed the Board regarding sewer hookup in
relation to the hookup to SCORE plant. The SCORE plant is going to have
to be expanded in the near future. LAFCo has signed an agreement that
if there is a sewer line within the parcel then that parcel must hookup to
the sewer. There is an agreement in the City of Oroville that says
anyone who wants to hook up to the sewere must apply for annexation.
He wondered who was going to pay for expansion of the plant, the
residents, who have paid for three bond issues already, or the developer
of the property that is not now within the city limits.
APPEARANCE: HOWARD JOHNSON
Mr. Johnson stated that he had been asked in the past about
zoning on the north side of Hupp Coutelenc Road. There were 80 acres
zoned to five acre minimum. He agreed that this zoning should be done.
Shortly after the zoning took effect, he found there were two for sale
signs on the property for five acxe parcels. It is proposed to sell
eight-five acre parcels without the benefit of the Subdivision Map
Act. He has talked to the District Attorney, The Planning and Public
Works Directors and the State Department o£ Real Estate. The first of
the homes on the five acre parcels is being built. Their road is bad.
He asked that the county pave Hupp Coutelenc Road. The road will not
support an additional 16 homes.
Clay Castleberry, public works director, invited Mr. Johnson
to come to his office to discuss the matter.
Chairman Lemke asked that the zoning investigator contact
. Johnson and meet with Mr. Castleberry ifn"ecessary.
319 APPEARANCE: ARTIS SANDER, ASST FIRE CHIEF STIRLING CITY VOLUNTEER FIRE
bEPARTMENT
Ms. Sanders requested consideration of $13,500 in revenue
sharing funds for a two--engine fire house in Stirling City. At the
present time there are parking places that are different for each of
the vehicles.
320 APPEARANCE: ROBERT BARNET DE SABLA VOLUNTEER FIRE DEPARTMENT
Mr. Barnet requested revenue sharing funds to maintain their
services. This would be for an addition to the existing garage at
De Sab1a. Their vehicles are kept in three different areas. They do
receive some donations and have fund raising events.
321 APPEARANCE: MRS. HARTMAN .
Mrs. Hartman spoke regarding the Valley View Subdivision.
Mrs. Hartman stated that she was happy to see Mr. McCall present at the
meeting. She felt this warrants further investigation. She was afraid
of the amount of water that could be placed on their property from the
Valley View Subdivision. There were requirements they were.rmandated
when they built their home. She felt she was going to have to pay the
bill to have her septic system increased because of the subdivision.
Page .237.
February 26, 19$0
80- 322
a
323
324
February 26, 1_980
APPEARANCE: GEORGE WASSER, DE SABLE VOLUNTEER FIRE DEPARTMENT
Mr. Wasser stated that the DeSabla Volunteer Fire Department
is trying to obtain funds to run the progfam. They•do have contributions
from other sources. He felt that revenue sharing funds if they are
appropriated would be an investment in the county. The money £or the
Stirling City Volunteer Fire Department would also be an investment. He
asked that the Board appropriate the money.
APPEARANCE: HAROLD REAGAN, DE SABLA VOLUNTEER FTRE DEPARTMENT
Mr. Reagan felt that-the Board had appropriated the funds for
revenue sharing. This money is now being held in reserve. The cost of
holding funds in reserve makes the cost of evexything go up as
inflation is increasing. The volunteer departments are asking that the
Board release the funds at this time.
Chairman Lemke stated that the funds were earmarked and placed
in the reserve for the 1980-81 budget. The amount for the volunteer
fire departments out of the $168,000 is a total of $80,000. Chairman
Lemke felt that it might be prudent to help cover part of the problems
that the Board is going to have to consider with regard ~o the County
Fire Department.
Supervisor Winston felt that if the $80,000 was allocated at
this time, the Board would be faced with a shortfall of that much more
in July.
The distribution of revenue sharing funds to be considered
on March 4, 1980.
PUBLIC HEARING: TEAL NICHOLS APPEAL OF ADVISORY AGENCY'S DENIAL OF DRAFT
EIR AND TENTATIVE PARCEL~MAP, AP 63-O1-118, FOUR PARCELS, ON THE WEST SIDE
OF DOE MILL ROAD, SOUTH HALF OF SOUTHEAST .QUARTER OF SECTION 19, T23N, R3E,
FOREST RANCH AND DISCUSSION OF FIRE RESPONSE TIME REQUIRED ON MAPS
The public hearing on Teal Nichols appeal of Advisory Agency s
denial of draft environmental impact report and tentative parcel map,
AP 63-01-118, four parcels, on the west side o£ Doe Mill Road, south half
of southeast quarter of Section 19, T23N, R3E, Forest Ranch was held as
advertised.
Earl Nelson, environmental review director, set out the background
of the EiR at this time. The EIR that was used for this project was the
Hays EIR. The concerns were presented last week at the Board meeting.
Bettye Blair, planning director, stated that the basis for the
denial was that the committee could not find conformity with the General
Plan. Part of the consideration the Advisory Agency is faced with is
the response time needed from afire station.
Hearing open to the public. Appearing:
1. Teal Nichols. Ms. Nichols stated that she had been before
the Board for a rezone £rom "TM-20" to "TM-5" zoning. This rezoning
request was approved. She would like to be able to build on the five
acre minimum lots. She accepted the full responsibility that this property
taas further from the city. She accepted the fact that the fire station
was a distance away and would pay whatever insurances costs were necessary.
2. Gordon Shields. Mr. Shields stated that he had been working
on this map for two years. The rezone was approved. After that time there
was a change in the General Plan. There is water available. Under the
criteria of the fire department Forest Ranch would not exist as it is now.
Page 238.'
February 26, 1980
February 26,= 1980 _ _ _ _ _ _ _
80-
3. Ron Graves. Mr. Graves advised that he toad written a
letter to the Board asking for-time to discuss the fire response. time
requirements on maps. He was concerned with the policies and the
interpretations. Mr. Graves read excepts from the Land Use Element.
addressing the issue of fire protection. The policy refers tbahe fact that
the county should. This indicates a definite preference for course of action.
kte felt this should be handled on an individual basis and compromise.
Mr. Graves read a section of the Land Use Element regarding population
and growth. This says to encourage development and annexation. He did
not feel that said the county should mandate where a person should live.
Mr. Graves spoke regarding the requirements for septic tanks in the
outlying areas of the county. There is an urban expansion problem in
Butte County. You cannot develop on agricultural land. There is no
way to develop mountain areas because of the septic requirements. There
is now a need for the foothills. Mr. Graves read regarding economic
development and property rights at this time. Fire stations are discussed
under Article F-7. The average time depends on the road and personnel.
The 30 minute response time was arrived at by Mr. Paulus. Of course,
Mr. Paulus would be concerned with fire protection. Section F-8 says
that the county policy should encourage new fire stations~to locate with
consideration to access. The Advisary Agency is denying maps on the
basis of response time. The public report required by the state gives
the response time. Placer County has no requirement on the response time.
Storage tanks are required as a condition of subdivisions.
Hearing closed to the public and confined to the Board.
Supervisor Wheeler felt that beside the land use issue, the Board
dealing with the dictates of bureaucracy. What is adequate for one
on is not always the same for another person. She felt that people
ld be allowed the choice.
Supervisor Winston stated that on May 8, 1979 he and Supervisor
Dolan voted against the rezone. The "TM-5" zoning is a fact and he
agreed that the availability of fire protection was a guide to be used
as stated by the Genera~lan.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the Board acknowledgeithe Hays EIR was suitable
for use in connection with this project.
Supervisor Dolan stated that the Board did not allow rezoning
in the area last week.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
nd unanimously carried, the appeal of Teal Nichols on tentative parcel
ap, AP 63-01--118, four parcels, on the west side of Doe Mill Road, south
alf of southeast quarter of Section 19, T23N, R3E, Forest Ranch was
pheld finding that denying the map on the basis of availability of
dequate fire protection facilities and water and sewer is not in the
est interest of the public; finding the map consistent with the Land Use
lement and the General Plan and meets all criteria of those conditions
s set forth; finding no significant effects on the environment; the
Bove-subject map was.approved subject to the following conditions:
1. Verify legal access.
2. Provide two-way traversable access RS-8-LD-I to each parcel for a
county maintained road ox state highway.
3. Access to be reserved in deeds as per County Ordinance and offered
for dedication on the final:°map.
Page 239.
February 26, 1980
80-
3
325
_ _ _ February 26, 1980 _ _ _
4. Show 50-f t. building setback line measured from centerline of
access easement.
5. Provide road maintenance agreement.
6. Show all easements of record on the final map.
7. Provide streetraname signs per requirements of the Department of
Public Works prior to recordation of the final map.
8. Pay off any assessments.
9. Pay any delinquent taxes.
10. Provide circulation.
11. Provide a 100-f t. leachfield setback around existing wells within
the property or within 100 feet of the property boundaries.
12. Prove that the required quantity of domestic water is available to
each lot or place the statement on the map that there is no evidence
that domestic water is available.
PUBLIC HEARING: ROBERT W. BRAMLAGE - APPEAL BY ERNEST AND EMOGENE JOVICH
OF PROPOSED NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP, AP 31-18-24
AND 85, FOUR P2~RCELS, SOUTH SIDE OF NELSON AVENUE, APPROX. 200 FEET OFF
ROAD FRONTAGE EAST OF 12TH STREET THERMALITO AREA
The public hearing on Robert W. Bramlage appeal by Ernest and
Emogene Jovich of proposed negative declaration and tentative parcel map,
AP 31-18-24 and 85, four parcels, south side of Nelson Avenue, approximately
200 feet off road frontage, east of 12th Street, Thermalito area was held
as advertised.
Clay Castleberry, public works director, set out the background
of the appeal. This is a division into four parcels. The appeal is
regarding the 60-foot easement which is actually on someone elses property.
The condition on the map was to verify access to the property.
He has some information from the title company that indicates that
Mr. Bramlage does have access on the 60-foot right-of-way.
Hearing open to the public. Appearing:
1. Robert Bramlage. Mr. Bramlage stated that the reason for
the parcel map was for financial and economical',purposes. This will
curtail substandard parcels in the future. He felt that the only adverse
problem would be the dust from the road. The road must be paved. The
right-of-way for the property was established.
2. Emogene Jovich. Ms. Jovich stated that she was the owner
of the road. She set out why it was two parcels and now it has been
made one parcel. She had been led~:~to believe when she purchased the
property that the right-of-way went only to the existing dwellings as
they existed there. She objected to the road being paved. She could not
see taking someone ekes property and paving it. They have complete
maintenance of the road at this time.
3. Ron Graves. Mr. Graves stated that Mr. Bramlage teas a
60-foot right=of-way. Mr. Bramlage does not need a parcel map to be
able to place two more duplexes on the property.
Hearing closed to the public and confined to the Board.
Page 240.
February 26, 1980
80-
3
_ _Fe_br_uary26, 1980 __ _______
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, on the basis of the initial evaluation,, finding
khe proposed project could not have a significant effect on the environment,
a negative declaration was recommended.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the appeal of Ernest and Emogene Jovich was denied;
the tentative parcel map for Robert W. Bramlage, AP 31-18-24 and 85, four
parcels, south side of Nelson Avenue, approximately 200 feet off road
frontage, east of 12th Street, Thermalito area was approved with the
finding that it is in conformity with the General Plan and subject to
the following conditions:
1. Provide a letter ar other documentation from the Thermalito Irrigation
District that they are willing and able to supply sewer service and
domestic water service to eachuparcel,
2. Verify legal parcel.
3. Verify legal access.
4. Provide 2-way traversable access RS-9-LD-TII to each parcel from a
county maintained road or state highway.
5. Access to be reserved in deeds as per County Ordinance and offered
for dedication on the final map.
6. Show 50-f t. building setback line measured from centerline of access
easement.
7. Provide road maintenance agreement.
8. Show all easements of record on the final map.
9, Provide street name signs per requirements of the Department of Public
Works prior to recordation of the final map.
10. Provide permanent solution for drainage.
11. Segregate or pay off any assessments.
12. Provide cul-de--sac at the end of the street.
13. Obtain encroachment permit and construct standard road approach.
providing adequate sight distance.
14. Pay any delinquent taxes.
15. Meet the requirements of the Butte County Fire Department.
RECESS: x:03 p.m.
RECONVENE: 3:19 p.m.
326
PRESENTATION BY U.S. DEPARTMENT OF AGRICULTURE (AGRICULTURAL STABILIZATION
AND CONSERVATION SERVICE) CONCERNING THE WILDERNESS CONSERVATION ACT
Darliss Cove, Butte County Agricultural StabEL'ization Conservation
Service, stated that there was anew law established in 1977 referring
to the Resource Conseraation Act. There has been a lengthy study
that developed seven strategies that might be adopted. In Butte County,
the department helped 75 to 100 farmers last year and there was $100,000
to $200,000 put in the conservation effort.
Page 241,
February 26, 1980
80-
y''.
February 26, 1980
Dennis May, district conservationist from Glenn County, gave a
slide presentation regarding the information gathered in the study.
The seven resource areas are: soil quality and quantity, water quality,
water supply and conservation; fish and wildlife habitat, up stream flood
damages, energy conservation and related resource problems. Alternative
strategies are as follows: redirecting present conservation programs, close
compliance between USDA programs, regional resource project approach, state
leadership approach, regulatory emphasis approach, conservation
performance bonus approach and natural resource contracts. Mr. May stated
there would be public review from January 28 to March 28, 1980. They
would like to get comments from the public.
327 (PUBLIC HEARING - PROPOSED EITHER SEX DEER HUNT TO BE HELD AT GRAY LODGE
The public hearing on the proposed either sex deer hunt to be
held at Gray Lodge was held as advertised.
Chairman Lemke stated that the Board had received a phone
call from Elaine Bartholomew objecting to the proposed hunt. The
Board received a post card from Genevieor Colman objecting to thekunt.
Hearing open to the public. Appearing:
1. Trevenen Wright, Department of Fish and Game. Mr. Wright
explained the reason £or the hunt. They held a hunt last year. There
has been an increase i.a the::deer population of between 150 to 200 deer
in the Gray Lodge. Every year they lose an average of between 12 and 29
deer in the area. Most of the losses are due to stomach worms and
parasites. The bulk of these deer are fawns. The are issuing deer
depredation permits. Last year there were 20 permits available with
15 people showing up. The hunt was for five days and a total of four
deer were taken. The hunters were asked to record the number of deer.
Their count was 477 deer with several being duplications. This hunt would
lessen the depredation permits. They are proposing 30 permits for this
year. This will take place the first part of October. The hunt will
be for five days. This would be for archers only. There would be no
rifles used. The deer herd is coming back in California. There is
a tremendous cost for transportation of deer if they were to trap them
and relocate the deer. Gray Lodge can support between 150 to 200 deer.
There is over 8,000 acres. The reason that fawns are also taken is
to harvest a certain portion of the whole herd.
2. Peg Dolan. Mr. Dolan spoke in opposition to the hunt.
3. Joe Becker, legislative representative for NorCal Bowhunters.
Mr. Becker stated that he had a letter from Howard Johnson who was in
favor of the hunt. There were four deer taken on 20 permits last year.
His organization asked that the hunt be increased to SO permits.
The Department is proposing 30 permits. The organization was in favor
of the hunt.
4. Gene Mercer, secretary, Butte County Fish~and Game Commission.
Mr. Mercer spoke in opposition to the proposed hunt. He palled the five
commissioners and all of them were not in favor of the hunt and recommended
that the Board disapprove it. As an individual, he did not agree with
the hunt. The deer in Gray Lodge are quite gentle. Three years ago
Mr. Fullerton addressed the Board and explained that they were trying
to establish herds for California. He felt that if there were diseased
and unproductive deer in Gray Lodge expert riflemen should go in there and
kill those deer and turn the meat over to a charitable organization.
The deer population is down and will continue to stay down. There are
too many deer killed illegally.
Page 242.
February 26, 1980
Febru dry- 26 =1480
80- 5. Jim Snowden, wildlife biologist. Mr. Snowden spoke in favor
{r of the hunt. The primary reason for Gray Lodge is to give relief to
the surrounding farm lands from duck depredation. Gray Lodge is not in
the direct sense of the word a refuge. The reason for the hunt was so
that hunters could take their chance on the deer instead o£ just letting
them die. So far they have found 12 dead deer. There are a few deer
killed on the surrounding property of Gray Lodge. In regardto the killing
of"fawns, the same is true of duck hunters only there is no way to
distinguish the birds as there is the deer. The deer cannot be trapped
and moved. The majority of the animals a~ztopsied- are diseased.
6. W. A. Peterson. Mr. Peterson stated that he had'been the
Forest Supervisor for the Plumas National Forest. He worked closely with
the Department of Fish and Game. He urged the Board to consider the
professional people at the hearing.
7. Junior Morris. Mr. Morris spoke in favor of the hunt.
e would not be applying for the hunt, but did support the hunt.
8. Danny Corban. Mr. Corban spoke in favor of'the hunt.
Hearing closed to the public and confined to the Board.
Supervisor Winston asked that the Fish and Game people meet
ith.the Butte County Fish and Game Commission.
Mr. Mercer advised Supervisor Winston that the next meeting
ould be held in April. He has always wanted the Department of Fish
nd Game to meet with the commissioners and discuss matters so that
the commissioners could give approval to the programs.
Mr. Wright stated that he would bei:happy to make a presentation
o the Butte County Fish and Game Commission at any time.
On motion of Supervisor Winston, seconded by Supervisor Moseley
nd unanimously carried, Resolution 80-39 in opposition to the either
ex deer hunt at Gray Lodge was adopted and the Chairman authorized to
S: 4:22 p.m.
VENE: 4:27 p.m.
328 PUBLIC HEARING: CLOSED HEARING - JAMES E. HARTMAN - APPEAL OF ADVISORY
GENCY`5 APPROVAL OF DRAFT EIR AND VALLEY VIEW TENTATIVE SUBDIVISION MAP,
34-27-116, 80 lots, NORTHEAST SIDE OF OAKVALE AVENUE, 1,500 FEET
The closed hearing on James E. Hartman appeal of Advisory
ncy`s approval of draft environmental impact report and Valley View
tative subdivision map, AP 34-27-116, 80 lots, northeast side of
vale Avenue, 1,500 feet southeast of Hilldale, Oroville was held as
timed.
Chairman Lemke stated that he had asked for a legal opinion
m County Counsel regarding questions raised by Mr. Hartman. The
ommendation was that the Board refer this matter back to the Advisory
ncy to hold a duely noticed hearing on a variance for the cul-deTsac.
decision by the Advisory Agency is subject to appeal to the Board.
order for this action to take place it would be necessary for the
licant to sign a waiver of time. If the applicant does not sign
waiver of time, it was suggested that the subdivision be denied.
Page 243.
February 26, 1980
80-
b
February 26, 1980
• _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ = - - - _ _ - - - _ _ _ = T T ~ - _ _ _
Counsel to meet with Public Works Director to see what can be
done in the way of an amendment to the code or answering the questions
raised.
Don Blake, applicant, stated that under the circumstances he
would be willing to given the waiver of time.
Tt was moved by Supervisor Winston, seconded by Supervisor Moseley
having reviewed the contents of the draft environmental impact report,
the comments received thereon, and the responses to thos comments, the
final environmental impact report was certified as having been completed
in compliance with the California Environmental Quality Act, the State
EIR Guidelines and the Butte County Environmental Review Guidelines.
Supervisor Dolan stated that the Board had received the
final attachment with the proposed mitigation measures in drainage,
schools and traffic that were not commented on.
Supervisor Winston stated that in findings for the approval of
the project reference is made to mitigation measures which are not going
to be made today.
Vote on motion:
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolan
Motion carried.
316
317
The matter was referred back to the Advisory Agency to hold a
duly advertised hearing on the exception of the length of the cul-de-sac.
ADOPT ORDINANCE 2080: WAIVE SECOND READING OF ORDINANCE REPEALING SECTION 25
AND 26 OF CHAPTER 2 OF THE BUTTE COUNTY CODE AND ADDSNG SECTION 2-5 OF
CHAPTER 2 TO THE BUTTE COUNTY CODE
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, the second reading of the ordinance repealing
Section 25 and 26 of Chapter 2 of the Butte County Code and adding
Section 2-5 to the Butte County Code was waived; Ordinance 2080 was
adopted and the Chairman authorized to sign.
CHAIRMAN LEMKE ABSENT AT THIS TIME
APPOINTMENT TO PERSONNEL APPEALS COMMISSION
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, the following were appointed to the Personnel Appeals
Commission:
Paula J. Terry, member
Richard Hood, alternate member
318
APPOINTMENT TO CHICO MEMORIAL HALL COMMITTEE
On motion of Supervisor Wheeler, seconded by Supervisor Dnlan
and carried, the following were appointed to the Chico Memorial Hall
Committee:
Earl Arbuckle
Walter Bender
Page 244.
February 26, 1980
February 26, 1980 _ _ _ _ _
_ _ _ _ ~ - - _ _ _ _ ~ W i = ~ _ _ _ _ _ _ _ _ _ _ _ _ _ - - _ - - -
80- 319 APPOINTMENTS TO THE MENTAL HEALTH ADVISORY BOARA
b On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, Dr. Joseph A. Russo was appointed to the Mental Health
Advisory Board.
320 APPOINTMENT TO THE AIR POLLUTION HEARING BOARD
On motion of Supervisor Winston, seconded by Supervisor Dolan
and carried, Dr. William Coats was appointed to the Air Pollution Hearing
321 APPOINTMENTS CONTINUED TO MARCH 4 1980
The following appointments were continued to March 4, 1980:
1. Appointments to the Air Pollution Hearing Board.
2. Appointments to the Citizens Advisory Committee on Drug
e and Alcohol Advisory Board.
3. Appointment of alternate member to the Community Action Board
Districts 2 and 4.
4. Appointment to the Emergency Medical Services Committee
322 REPORT FROM ADMINISTRATIVE OFFICER ON CITY OF CHICO REQUEST FOR BALLOT
PROPOSITION CONCERNING THE DISTRIBUTION OF SALES TAX REVENUE - CONTINUED
TO MARCH 4, 1980
Clif Mickelson, administrative officer, reported to the Board
on the City of Chico request for a ballot proposition concerning the
distribution of sales tax revenue. The County has received a request
from the City of Oroville on the same issue. The cities would like the
Board to place this on the ballot as an advisory measure.
Supervisor Winston stated that he would like the opportunity
to talk to the city managers of both cities.
Supervisors Wheeler and Dolan to contact Mr. Davis.
CHAIRMAN LEMKE PRESENT AT THIS TIME.
The matter was continued to March 4, 1980.
323
Graves & Associates, Oroville. The firm requests an opportunity to
speak to the Board to discuss the current county policy regarding
botanical surveys. Discussed; Environmental Review Airector to
contact Mr. Graves for a meeting with himself and County Counsel.
Parental Stress Program. Letters in support of the program have been
received from Carol Anderson, Carolyn Baker and Dolores Thomas.
Information; no action taken.
League of Women Voters of Butte County. The League writes in support of
and urges continuance of the Housing and Community Development
Program. Information; no action taken.
Mary Jane Burges, Chico. Ms. Burgess writes concerning the federal rules
governing the operation of the CETA program. information;
no action taken.
Page 245.
February 26, 1980
80-
3
February 26 ~ 1980 = _ _ ~ _ _ _ _ _ _ _ = T _ _ _ _
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James Brobeck, Forest Ranch. Mr. Brobeck writes with regard to dredging
operations on Butte Creek. Information; no action taken.
Lumpkin Volunteer Fire Department. The volunteer fire department requests
that the Board donate a surplus county pick-up truck or sell at
a nominal price to their organization and also that the county
maintain title so as to provide liability coverage. Information;
no action taken.
State TV Cable. The firm writes forwarding information concerning a
new schedule of rates and charges to be implemented within the
City of Chico and the contiguous areas of Butte County. Information;
no action taken.
Millington & Millington, attorneys at law. The attorney forwards information
concerning the complaint (suit) filed by the county against Mr.
and Mrs. Donald Tourte. See discussion following communications.
Butte County Law Enforcement Officer's Association. The association forwards
its position on possible reductions in law enforcement staffing
Referred to Budget Committee.
State Controller. The controller forwards information concerning changes
in the apportionment estimate of highway users taxes under the
provisions of Streets and Highways Code Section 2106. Information;
no action taken.
Bachman & Associates. The Engineer, on behalf of Mr. Ralph Crosby,
appeals the Planning Commission's denial of rezone for
AP 63-O1-12 & 105. Set for Hearing March 18, 1980 at 10:00 a.m.
DISCUSSION OF MILLTNGTON & MILLINGTON LETTER RE: SUIT FILED BY COUNTY
AGAINST MR. AND MRS. DONALD TOURTE
Mr. Millington spoke to the Board regarding the suit filed by
the county against Mr. and Mrs. Donald Tourte. Mr. Tourte contacted
Mr. Smith in the Planning Department and was advised that he did not
think that this business needed a permit. The second cause of action
is to get a use permit because it is an auto business. He did not feel
that this was needed. There is a requirement for a use permit for
inflammables. Mr. Millington set out the inflammables used on the property.
There are more inflammables on agricultural property than what Mr. Tourte
has. Most people have a can of paint on their property. He set out
the different people in the area that would be in violation of this
case were true regarding the inflammables. This seems to be a neighbor
problem. The air quality control people see no problem with this4.
324
Supervisor Moseley stated that she would like to meet with
Mr. Millington, Mr. Tourte and County Counsel regarding this matter.
The matter was continued to March 11, 1980 for a report back
from Counsel.
ADOPT RESOLUTION 80-40 SUPPORTING THE MOVING OF AMTRAK TO THE WEST SIDE
OF THE VALLEY
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously caxried, Resolution 80-40 supporting the moving of Amtrak
to the west side of the valley was adopted and the Chairman authorized to
sign.
325
Page 246.
February 26, 1980
February 26J 1980
- ~ . .
g0- 326 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
~; Chairman Lemke stated that the Board had been asked to.
appose AB 200 along with Contra Costa Gounty regarding the Peripheral
Canal.
It was felt that the Board should not take a stand on this
3t this time.
Chairman Lemke stated that he had received a letter from the
Chapel of the Pines regarding dealth permits.
Arrangements are being made for the switchboard operator at
the Paradise County building to file the dealth permits.
Public Works Director to answer Fox Electric letter regarding
the fee for Wallace Smoker by memo to the Board.
Chairman Lemke gave Mr. Nickelson a letter regarding the
Dptimo Subdivision request for rezoning from "A-2" to "C-2" to be
referred to the Planning Department for answer to Chairman Lemke.
The Board recessed at 5:25 p.m, to reconvene on March 4, 1980
at 8:45 a.m. to hold an executive session regarding litigation.
CONVENE: The Board reconvened at 8:56 a.m. pursuant to recess. Present:
Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke.
Clif Nickelson, administrative officer; Dan Blackstock, county
counsel; and Clark A.Nelson, by Cathy Pitts, asst clerk to the
Board.
EXECUTIVE SESSION: The Board recessed at 8:56 a.m, to hold an executive
session regarding litigation.
RECONVENE: The Board reconvened at 9:37 a.m following an executive session
regarding litigation. No announcements to be made at this time.
There being nothing further before the Board at this time,
the meeting was adjourned at 9:38 a.m, to reconvene for the March 4,
1980 regular Board meeting.
'TEST: CLARK.A. NELSON, COUNTY CLERK-
RECORDER and ex-officio Clerk
of the Board of Supervisors
Chairman, Boar of Supervisors
Page 247,
February 26, 1980