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March 24, 1981
be bringing the corporation into a special meeting, There will be a 9fl day
bid hold in order to plead whateuer; type of financing they want to go
through,
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, instruct staff to present the plans for the Gridley and Chico
libraries on April 7, 1981 for Board approval; to set the date for the
bid opening of May 28, 1981 at the County Administrator's Office at 11:00
aom,; County Administrator to review bids and bring back report to.;the.'
Board the following Tuesday was approved,
Mro Blackstock suggested there be an early meeting held between
the Chico City Council and the Board of Supervisorso .Staff has been working
to get City of Chico management to help in the savings of various portions
of the library constructiono They have had a most negative responded It
can be a serious problem and could effect the viability of this projecto
The financial plan will accompany the prospectus and the reason is to have
a viable investment, The investor must be in a position to see if the whole
thing is being guaranteed funding, This could effect the bid, The building
will be a major expensed It will benefit the city, They'are looking to the
city to waive fees and possibly contribute landscaping, The furnishing
themselves will be $300,000, He does not recall a 20 year financing plan
for furniture, Gridley does not have as expensive a problem, They will be
hiring an inspector so will not be paying city inspector feeso
Mr, Spurgeon stated the Gridley landscaping and fees will be
care of,
Supervisor Lemke stated he has had:a discussion with Mro Davis
d he has said no they are not going to help with~anyc>I}ook up feeso He
derstood they were willing to give free sewer hookup to the North Valley
aza Mallo
Clif Nickelson, administrative officer, stated he felt they would
ave greater support if the full Board met with the City Councilo
Supervisor Wheeler stated the Friends of the Library would be
resent to lend their supporto
Mro Blackstock responded to Mro Spurgeon's question of separate
jects, If they issue bonds for the entire amount the corporation itself
ld have either two separate leases or one lease for the separate propertyo
is one corporation but there are two separate contracting projects,
Nra Blackstock recommended that the Board request a report from
e County Auditor that will cover the following: 1) Effect of the financial
ans relative to revenue limitations to Proposition 4o The Auditor could
dress any adverse effects relative to the anticipated jail activitieso."`
e Auditor could submit the balances of all special funds and what they
11 reflect from June 30, The reserve :for contingency funds and the
brary funds, Also the unemployment funds and insurance fund so
Mro Nickelson stated he hoped no one anticipated going into the
e reserve to finance the buildingo
Mr< Blackstock stated he felt the Board should have all of the
ormation before them when they make the decisiono
Mro Nickelson stated the Auditor has been working on these .items
or budget time, He felt Mra Johansen should answer the questionso
Page 153,
March 24, 1981
March 24, 1981
87
Jim Johansen, auditor-controller, stated his office was in the
process of getting all of the information for the budgeto He is hopeful
of having the information within a week or so,. for the coming yearn Some
figures are tentative regarding the exact impact of increases in the
Sheriff's Department patrol divisions They must consider negotiations
coming up with cost of living increasesa The impacts of last year's budget
and this year may have a stroig impact on encouraging a long term obligation,
Mro Blackstock would like the information on Proposition 4 within
two weeks for Board co sideration, The decision does not have to be made nowo
They can be think'ingof~hese items in reviewing other data from the Auditoro
There are various alternatives in the whole financing situation, They may
consider paying for the Gridley library and financing the Chico libraryo
There are a combination of possibilities which can be considered, He
felt the Board should receive the information within two to three weeks or
they will be in a limbo situation, If there are a number of delays it could
cause the delay of starting constructiono
Mr, Johansen stated he was working on the projecto It is extremely
criticalo They should ;not be placed in a position of making a decision and
later finding out they were crystal balling the true pictured In July and
August things might look differently and want to reconsider if they are not
given the full picture, Proposition 4 revenue limitations is not a significant
problemo They need to have some cushion, Project fund balances might take
a little longero They can give them a summary picture within the next few
weekso
Mro Blackstock stated they could buy the bond so There are pro
and con featuresa If you have the same funds setting around you could
lose the whole operationo Bartel Wells is requesting this other information,
They questioned how the $350,000 in furnishings was to be paid and the
increase in personnel and increased maintenance costso
Jo Terry, librarian, stated there would be increased personnel
costs, At present there are two facilities in Chico and they require
considerable backing of personnelo They will combine the existing personnel
into the one building which should minimize the use of personnel, Personnel
needs do increase, She does not see them out of proportion with the new
facility, She would like to see Gridley hours increased and this might
require supplemental personnel in the future,
Supervisor Dolan stated the Auditor would be preparing a report
of ail special funds and the distribution of them, She questioned if they
were being analyzed because there are considerable available sources:or
Sources of financial stabilization for the Caunty,
Mr> Mickelson stated he would rather see the Board strip the
reserve for contingency to zero than to see them dive heavily into the
insurance :^reserveso He would caution them to be very careful of those
large amounts that appear to be setting thereo There is a $3 million claim
on the south side because of an accidento Ta get into those funds would be
very dangerous,
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, the following actions were taken regarding the construction of the
Gridley and Chico libraries: 1) Direct the Auditor to prepare a report
on the effects of the financial planning relative to Proposition 49 2)
Direct the Auditor to address the aduerse effects to new jail construction
and all services provided to the county9 and '')3~eDirect the Auditor to
show balances of a31_special funds under the control of the Board,
Page 1640
March 24, 1981
81
March 24, 1981
Mro Nickelson stated he would contact Chico City Manager Fred Davis
to try to set up a public meeting between the two bodieso
__
On motion of Supervisor Lemke, seconded by Supervisor Wheeler and
carried, waived the second reading of salary ordinance amendment reclassifying
several positions in Public Works Department and Public Health Department
and reassigns the budget code unit of the Family Conciliation Court for
accounting purposes; Ordinance 2199 was adopted and the Chairman authorized
to sign,
466
APPROVE CETA QUARTERLY ASSESSMENT LETTER OF__RESPONSE
467
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, a letter of response to~the U, So Department of Labor's letter
of February 25, 1981 concerning the performance of Butte County CETA programs
for first quarter of federal fiscal year 1981 was approved and the Chairman
authorized to sign,
CONTINUE TO MARCH 31, 1981 POLICY DEC3SION ON ADVANCEMENT OF SAIaARY SCHEDULE -
TONY GEHRINGER ASSESSOR'S OFFICE
Continued to March 31, 1981 policy decision on advancement of
salary schedule for finny Gehringer, Assessor's Office, as only four supervisors
were present,
468
VULV 1'11VUL' lU 1'1HKl; C1 31 1701 - 1"lE. ECl.L" 11V1~1C1SeiJG PVLC VElE1cHLV JriCY LVr. VrC LVr:ae
Continued to March 31, 1981 the merit increase for Veteran Service
Officer as only four supervisors are presents
469
A U•1'LiUK1Z~ AG(:L~Y'J:ALVI;L~ Uk~ k'~lll'iKAL S4UlYMC:1V'1` - r"11(~ llEiYAlf"SP3"L'1V"1'
On motion of Supervisor Lemke, seconded by Supervisor .Wheeler and
carried, the acceptance of acquisition of two surplus vehicles from the
federal government, a 1967 International semi tractor and 1965 International
semi tractor"! which have low mileage and in excellent condition and are
proposed for use in pulling existing water trailers was authorizedo
470
Thomas Wilson, chairman, Butte County Arts Commission, stated the
Board had a, copy of the proposed plan to be submitted to the state, He
thanked Mr, Gerald Liv;elywho had been very helpfulo Hal Nelson, Town of
Paradise Town Manger, provided the master copy, David Campbell .the art
consultant and Mro Lemke were extremely valuable in the promotion of the artso
He had received a request by the state regarding the $32,000, He had hoped
the unexpended funds after May 29th for $8,700 could be retained, He hoped
the Board would consider that figure when they approved this documents
471
Items of the agreement 1(a) through (f) were set out at this timed
Gerald Lively, deputy administrative officer, stated there are
some funds left over and the Board has to make a declaration to include this
in the second year grant funding if there is anyo We have the money but they
have instructed us to spend it on planningo
On motion of Supervisor Lemke, seconded by Supervisor Wheeler and
carried, the Butte County Arts Commission Arts Plan as presented in accordance
with state grant provisions was approved for submittal to the state; with
balance of funds not expended this fiscal year :- to be used in the second
year grant fundingo
Page 165,
March 24,1981
March 24, 1981
3
ADOPT RESOLUTION 81-62 RECOGNIZING THE 100TH ANNIVERSARY OF THE INSTITUTION
OF THE COUNTY AGRICULTURAL COMMISSIONERS
On motion of Supervisor Lemke, seconded by Supervisor Dolan and
carried,.Resolution 51-62 recognizing the 100th anniversary of the Institution
of the County Agricultural Commissioners was adopted and the Chairman authorized
to signs
472
report,
Supervisor Dolan wanted to extend her thanks to Mro Bandy for the
APPROVE/DENY PENALTY ABATEMENT REQUESTS - CHANGE OF OWNERSHIP REPORT
There was a motion by Supervisor Lemke, seconded by Supervisor
Dolan to approve the following penalty abatement requests:
473
to Patricia L, Adams, AP 001-03-1-004-0
2, Gale Wetterstrom, AP 047-01-0-010-1
3o Merrill Lynch Relocation Management Inc „ AF 042-06-0-053-0
4o Robert .7, Thompson, AP 068-22-3-019-0 .
5o Lawrence Eo & Christine P, Oates, AP 062-21-0-087-0
b, Charles Go Ott, AP 036-14-0-043-0
7, Sheila D, Englund, AP 048-29-0-091-0
8o Tim B, & Cynthia B, .Price, AP 055-15-0-051-0
9o Nels-Leers, AP 040-33-0-003-0, 004-0, 005-0 and 006-0
to deny the following penalty abatement requests:
1, Ronald Ao & Karen A, Imhoff, AP 042-07-0-101-0
2, Frank Ra Fernandez, AP 034-25-0-014-0
Chairman Moseley stated there was a communication item from
Go Wo and Margaret Horton,.Paradiseo Mro and Mrs, Horton wrote concerning
the $100 penalty levied, The item was referred to the Administrative Office
and the Assessoro
Supervisor Dolan stated statutorily they cannot act on the requests
after they have been submitted past the 60 days, even if they feel sorryo
She does not want to get the background papers on those past the 60 dayso
Vote on motion:
AYES: Supervisors Dolan, Lemke, Wheeler and Chairman Moseley
NOES: None
ABSENT: Supervisor Saraceni
Motion carried,
APPROVE BUDGET TRANSFERS
Supervisor Dolan questioned Budget Transfer-168;
474
There was a motion by Supervisor Dolan, seconded by Supervisor Lemke
to approve the budget transfers as follows:
B-162 - Su lemental Man ower Pro ram - Title VI, Within Public
Service Employment, increases maintenance of equipment $100 and transportation
and travel $100 and decreases rents and leases of equipment, $2,000 and
contributions to other agencies, $30,000, Within PSE -projects, increases
household expense, $100; maintenance of equipment, $15,000; rents and leases
of equipment,. $20,000; transportation and travel, $5,000; and contributions
to other agencies, $20,OOb, Also within PSE - projects, decreases extra help,
$453,354 and employee benefits, $30,000,
The net effect of this transfer reflects a decreased appropriation
of $455,054 in manpower revenue sharing for revised fiscal year 1981 allocations
for Title VI, Page 1660
March 24, 1981
March 24, 1981
$1•
a
B-163 - Sheriff - Investigation Bureaux Transfers $13,000 from
the reserve to transportation and travel within the Sheriff's Investigation
Bureau in order to cover current budgetary deficiencies and to provide an
appropriation for the balance of the fiscal yearn
B-164 - Sheriff -Administration, Transfers $2,000 from the revenue
sharing jail addition project to maintenance of equipment within the Sheriff's
Administration budget in order to cover the unanticipated repair costs to
the Sheriff's vehicle and . to provide an appropriation for the balance of
the fiscal yearn
B-166 - Oroyille Justice Courte Transfers $10,840 from the reserve
with $2,400 going to jury and witness expense, $5,240 to office expense and
$3,200 to professiona L and specialized services in order to cover current and
projected budgetary deficiencies brought about by an increased number of
filings during the year,
B-167 - Gridley Justice Court, Transfers $1,500 from the reserve
to jury and witness expense in order to cover current budgetary deficiencies
and to provide an appropriation for the balance of the fiscal year brought
about by an unanticipated increase in the number of jury tr-also
B-168 - Public Wo_rks[HUD_South Oroville street improvements,. Transfers
unanticipated federal revenue in the amount of $25,000 from the HCD grant for
the South Oroville street improvement project to the Public Works road
construction budget,
Gerald Lively, deputy administrative officer, stated the engineering
work has been set up and they need the money to pay for the planned activitieso
The money will be coming from the grant moneyo It is not for the ditch but
for the roadso
Clif Nickelson, administrative officer, stated it is unanticipated
-evenue for Public Works, Regarding the arrests in Paradise, the case is
isually transferred to the county seat and is handled in Oroville,
Vote on motion:
AYES: Supervisors Dolan, Lemke, Wheeler and Chairman Moseley
NOES: None
ABSENT: Supervisor Saraceni
Motion carried,
10:04 aema
3NE: 10:20 aomo
475 IADOPT RESOLUTION 81-63: PUBLIC HEARING: JACK BOWMAN ABANDONMENT OF PUBLIC
The public hearing on Jack Bowman abandonment of public utilities
recreational easement, Paradise Pines Unit 5, Lot 91 was held as advertisedo
Bettye Blair, planning director, stated everything was in ordero
Hearing open to the public, Appearing: No one,
Hearing closed to the public and confined to the Boardo
On motion of Supervisor Lemke, seconded by Supervisor Wheeler and
ried, Resolution 81-63 on the Jack Bowman abandonment of public utilities
recreational easement, Paradise Pines Unit 5, Lot 91 was adopted and the
irman authorized to signs Page 1670
March 24, 1981
- 476
March 24, 1981
PUBLIC HEARING: ^DAVID AND WANDALEE SLANKARD PETITION FOR VARIANCE TO SECTIONS
19-10 AND OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME
The public hearing on David and Wandalee Slankard petition for
variance to Sections 19-10 and/or 19-12 of the Butte County Code for place-
ment of a mobile home on AP 65-18-27, 6624 Woodward, Magalia area, zoning:
"RT1A" was held as advertised,
Lynn Vanhart, environmental health director, stated everything was
in ordero The property was previously an "Aunt Minnie" and it was sold, the
people who purchased it have a similar need,
Hearing open to the publico Appearing: No-oneo
Hearing closed to the public and confined to the Board,
477
On motion of Supervisor Wheeler, seconded by Supervisor Lemke and
carried, the petition request of David and Wandalee Slankard for variance
to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a
mobile home on AP 65-18-27, 6624 Woodward, Magalia area, zoning: "RT1A" was
approved for a period of one yearn
ADOPT INTERIM ORDINANCE 2200: PUBLIC HEARING: E%TENSION OF INTERIM "M-2"
ZONE FOR .TAKE HENDRIX. AP 46-43-07
The public hearing on Jane Hendrix extension of interim "M-2"
(heavy industrial) zone, AP 46-43-07 was held as advertisedo
Bettye Blair, planning director, set out the background on the
interim requesto The property is designated as industrial on the General
P1an,.~T?~e applicant has started a project for farm equipment and request
an extensiono The time period would be for eight monthsa
Hearing open to the public, Appearing: No oneo
Hearing closed to the public and confined to the Boards
478
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the .lane Hendrix extension for an interim "M-2" {heavy industrial)
zone,.AP 46-43-07 for a period of eight months was approved; Ordinance 2200
was adopted and the Chairman authorized to signo
ADOPT ORDINANCE 2201: PUBLIC HEARING: KENT PARKER PROPOSED NEGATIVE AECLAR-
'ATION AND REZONE FROM "A-5" TO "A-160"__IN_SANGOR AREA
The public hearing on Kent Parker proposed negative declaration
'regarding environmental impact and rezone from"A-5" (agricultural - five acre
Ipaxcels) to "A-160" (agricultural - 160 acre parcels), property located:
Site 1 - approximately one mile south of Bangor and 1/2 mile east of LaPorte
Road; Site 2 - on Swain Hill, two miles south of Bangor, identified as
SAP 28-23-9 and 28-09-2, Bangor was held as advertisedo
Bettye Blair, planning director, stated the Board had copies of
Planning Commission minutes, staff findings and the Commission's recommendation
for approvals There is a letter regarding the ability to mine, This zone
change will accomplish this with a use permit,
Earl Nelson, environmental review director, stated there were
some concerns relative to the mining, but the mitigation measures can be
applied,. they recommend- a negative declaration,
Hearing open to the public, Appearing:
1, Charles de St. Maurice, engineer for the applicanto Mr, de
Sto Maurice set out the backgroend_on their request, They are seeking
I Page 168, '
March 24,'.1981
81
b
March 24, 1981
permission to operate two quarry sites, They have submitted various fees and
complied with county requirementso They have worked with Fish and Game,
fihe project has been expensive, He was hoping to consolidate the projectso
Mso Blair stated they have received all of the information and
staff is waiting for the affirmative action of the Board on the rezone requesto
Tf the Environmental Review papers are completed they will take it forward
to the Planning Commission by the 22nd of Aprilo
Hearing closed to the public and confined to the Boardo
On motion of Supervisor Wheeler, seconded by Supervisor Lemke and
carried, finding that the proposed project could not have a significant
effect on the environment a negative declaration is recommended,
On:motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, finding that the requirements of California Environmental Quality
Act have been required with the negative declaration which was adopted
previously, the Kent Parker rezone from "A-5" (agricultural - five acre
parcels) to "A-160" (agricultural 160 acre parcels), property located:
Site 1 - approximately one mile south of Bangor and 1/2 mile east of LaPorte
Road; Site 2 - on Swain Hill, two miles south of Bangor, identified as
AP 28-23-9 and 28-•09-•2, Bangor be approved and is consistent with the
General Plan; Ordinance 2201 was adopted and the Chairman authorized to signo
Mso Blair stated if they have the environmental determination as
soon as possible she could schedule it for April 22,
Mro Nelson stated the report is almost complete and should be
able to finish the information, If there is a state agency involved and
it must go the the Clearinghouse there would be a delayo
ADOPT ORDINANCE 2202: PUBLIC HEARING: BUTTE COUNTY PLANNING COMNffSSION -
AMENDMENT TO CHAPTER 24 OF THE BUTTE COUNTY CODE TO ADD SECTION 24-201 DAY
CARE FACILITIES
The public hearing on the Butte County Planning Commission amend-
ment to Chapter 24 of the Butte County Code to add Section 24-201 Day Care
Facilities was held as advertised:
479
Bettye Blair, planning director, set out the background on the
amendment, It is fors:: more than six children in a homed It is the Planning
Commission's recommendation they be subject to a use permit for no more
than 12, otherwise it would prohibit them, It is putting the county code
in compliance::: with the state code, They should check with Day Care Providers
to determine how often they are audited or visited by the stated Her office
would investigate on a complaint basiso
Hearing open to the public, Appearing: No one,
Hearing closed to the public and confined to the Board,
Ms, Blair stated the Day Care Providers were considered as single
family use, There were concerns in the "A-2" zoneso
Supervisor Wheeler stated she had experience with complaints in
the north Chico area,. One was there prior to zone change fn the area and
its licensed by the state and another one has come into the neighborhood,
She has difficulty with them in single family areaso There is the impact
of traffic flow and noise, Senior citizens complain of the noises from the
children playingo There should be some measure of control,
Page 169,
March 24, 1981
March 24, 19$1
81- Supervisor Dolan stated people can get a license for more than 12
b'' kids with three more living in the home, She feels it is important and
', necessary to have a zoning ordinance and it fulfills a definite need,
On motion of. Supervisor Aolan, seconded by Supervisor Wheeler-and
carried, Ordinance 2202 amending Chapter 24 of the-Butte County Code to
add Section 24-201 Day Care Facilities was adopted and the Chairman authorized
to signo
480 CONTINUED HEARING: BUTTE COUNTY PLANNING COMMISSION - AMENDMENT TO CHAPTER
24 OF THE BUTTE COUNTY GORE TO STANDARDIZE SPACE REQUIREMENTS FOR LIVESTOCR
IN VARIOUS ZONES, COUNTYWIDE - REFERRED TO PLANNING COMMISSION, REPORT BACK
ON APRIL 21, 1981 AT 10:30 A,M,
The public hearing on the Butte County Planning Commission amendment
to Chapter 24 of the Butte County Code to standardize space requirements for
livestock in the "A-R", 71AR-5", "AR-MH", r'AR-MH-3", "AS-R", "FR-2", "FR-5",
"FR^10", "FR-20", "FR-40", "FR-160", "S-R", r'SR-1/2", "SR-1", "SR-3", "TM-1",
"TM-2ne nTM_22n~ n~_3n~ rr~_5rr~ nTT1-10", "TM-20", "TM-40" and "TM-160" zones,
countywide was held as, continued,
Bettye Blair, planning director, stated the Agricultural Advisory
Commission considered their referral March i9tho She presented members with
a memo regarding their recommendations Their concerns were about impacts
in the foothills, They felt a review should be initiated in the "F R" (foot-
hill recreational) zone and address the issue of regulations for feed lotso
Mse Blair felt they might want to consider the "TM" zoned
Supervisor Lemke stated cattle are moved in the spring and winter
seasons because of pasturage,
1, Richard C, DeVore, Paradseo Mro DeVore felt it would have
a direct effect on Paradise, Many people and a lot of information was presented
to the Planning Commission meetings and it was felt it was ignoredo They
did extensive research, There are approximately 20 groups in the area who
use their horseso It will be a big economic factoro He felt people with
larger acreage according to the formula would be allowed more animalso
Supervisor Dolan stated she felt the Planning Commission did take
those comments into consideration and studied the problemo She pointed out
this amendment was less restrictive than what is on the. books nowo
~~
2, Everett Crow, Larkin Roado Mra Crow stated they have a family
living in the center of five other families that has a horse and ponyo They
have a terrible fly problemo In summertime they cannot enjoy any part of
livingo They also own six dogso The people with the horses moved in after
they dido Their water table is only 12 feat and their well is close to where
the horses are locatedo
Supervisor Lemke stated since they are located in the "A-2" zone
anything is allowed, He suggested the people of the area make a zone change,
Until the people with the horses have moved for one year they could not enforce
a changed
Mso Blair stated the Gridley-Biggs zone change was coming up,
Mro Crow questioned why somebody with some authority investigate
and handle the problem with the flys,
Del Siemsen, deputy county counsel, stated it was doubtful the
nuisance ordinance would applya He felt it was a private nuisance, He
suggested they contact the Health Department, It might be necessary to take
civil action, Page 1700.
March 24,'1981
_ _ _ _ _ _March_24, 1981 _ _ _ _ _ _
Mro Crow stated he was not in favor of people on his back porch,
a
3, Florence Yonko, Vance and Larkin Road, Mrso Yonko stated in
1969 they sold two acres on Larkin-Road and it was not their intent to have
people with horses of any amount on those two acreso They did not stipulate
thiso She feels there should be stricter regulations when you sell property,
People should set out their intent when they buyo They have taken civil
action, but have nat gone to Court,
Supervisor Lemke suggested aftex the hearing that deputy county
counsel Del Siemsen discuss this problem with the Crow's and Yonko'so
Mro DeVore stated it is a common problem regarding the maintenance
of animals and livestocko ~Ie would like to see a process requiring proper
maintenance,
Supervisor Dolan stated there are laws that exist regarding
maintenance and healthy situations, F1ys can be kept to a minimumo
4o Linda Seager, Chicoo Mrso Seager has exotiec birds next to
her property3.-~-Sheclves roan °SR-1" zoned
Mso Blair stated this ordinance is not talking about commercial
aviaries,it was not includedo They are addressing larger animalso An
aviary~.s allowed in the "SR" zoned Agriculture uses are allowedo
5o Dorothy Best, Cohasseto Mrso Best talked regarding 4-H and
FFA childrena She feels the amendment has too many loop holes and should
be studied furthero She felt there was a good Health Department and Humane
Societyo
6, Larry Garth, Chico, Mr, Garth is opposed to the new regualtionso
This is an agriculture county and would like to see it remain, There are the
cities but the people who wish to live beyond the city limits should be given
the choise of raising animalso They keep their place clean but there are flieso
7o Bill McBide, Paradiseo Mro McBide stated the "AR" zone is not
included in the proposalo He is raising goatso He has installed electric
jars, placed meat in jars and still has a problem with flies,
8o George Yonko, Larkin Road, Mro Yonko questioned why a few
people with a few horses control the whole communityo They have a fly
problem, They have gone to the Health Department but nothing has been doneo
9a Patty Roach, Orovilleo Mrs< Roach stated this proposal would
not help these peopled She questioned what the passage of this amendment
would accomplish, She felt it was doing more harm than help, There will
be children who cannot have animalse Big stables do not have problems, they
keep them cleano
Mso Blair stated the advantage would be to allow the county ordinance
that now exists with livestock square footage to be standardizedo The
agriculture residents now has square footage, The Commission was attempting
to liberalize the requirements that exist nowo They could leave it as it iso
The "SR-1" zone triggered thiso The original proposal included four zoneso
At first hearing they denied their own project and went back to the drawing
board, She feels they do not want regulations,
Supervisor Lemke stated possibly standardization is not the answer
to the problem, There. are health laws and the Health Departmento Maybe it
has to be rewritteno ~f the proposal is more liberal and the people are
opposing it and not in favor of fi.-:and they should be in favoro There are
Page 1710
March 24, 1981
81-
March 24, 1981
public health problems. We know this is not the anwer to the problem,
Ms. Blair stated they are hearing most people not in favor of
regular animal requirements, The Commission did discuss not having any
requirements. Before the Board takes action to possibly dispose of this
matter, they might want to consider removing the requirement of space for
all zones. It would be standardized in all those areas and possibly
consider some different type of vehicle to come back to the Board. They
could look at it a little differently, They might consider the square
footage requirements of these zonesa_ _ .__
Supervisor Dolan stated she would be willing to consider that
and not take action today,
Hearing closed to the public and confined to the Board.
481
Supervisor Wheeler stated Supervisor Saraceni was absent and
this could effect the people in his district.
Referred the matter back to the Planning Commission for a
report back on April 21, 1981 at 10:30 a.m.
ADOPT RESOLUTION 81-64: DISCUSSION ON EMINENT DOMAIN FOR ACQUISITION OF
PROPERTY ON SKYWAY FAS Y742(3)
Discussion was held regarding eminent domain for acquisition of
property on Skyway FAS Y742(3) - parcels 10 and l0A (Mr. and Mrs. Burnett
Griggs) at this time,
Clay Castleberry, public works director, set out the background
on the request for the resolution. It is a necessity to acquire the property,.
for the project. It is inappropriate for the value of the property they
have to acquire for .condemnation, There are two parcels with 3.92 acres.
They have obtained an appraisal and it is a fair price. They will pay
what is fair but not more.
1. Ward Cameron, Paradise. Mr. Cameron was friends of the
Griggs'o Mr„ Griggs has a '.health problem. The Griggs' were approached
by Gordon Andoe for the first offer. The property faces along the Skyway
and the railroad right-of-way. The second offer was made with no mention
of the railroad for $1,000 by Mr. Azevedo. The final offer was for $1,00
per acre with no mention of trading for the railroad right-of-way. Mr o.
Azevedo presented 22 to 34 feet additional right-of-way from the yellow
line indicated on the map. It was to be added, When the offer came in
writing that was not the case, At first there was over four acres and
now the present amount is 3.92 acres. This frontage of the road would
leave an island with 2 to 3 feet deep and very narrow and they could do
nothing with it. Mr.°Gameron cited other areasc hat were selling for about
$6,000 per acre. This is Skyway frontage property which could be used for
a motel or restaurant, He did not feel $2,400 was a fair price. Under the
law it has to be pursuant to public interest and necessity, They are not
against the Skyway widening project, There is no need to take the€ r property
at 100 to 70 feet from them. If the County feels they must proceed it can
be decided in court. He urged the Board to not adopt the resolution as
presented and to further negotiation and obtain a price that is fair.
Mr. Castleberry stated they feel this is the best location and
best design for the project, This is not the time to discuss price. They
will pay what is fair. They have not closed the door to a counter offer.
To keep the project on schedule he would like _the resolution•.adopted today.
Page 172. .
March 24, 1981
81
~',
March 24, 1981
Mr< Castleberry set out the project area on the mapo The resolution would
determine the location, Price could be discussed latero
On motion of Supervisor Lemke, seconded by Supervisor Wheeler and
carried, Resolution 81-64 authorizing eminent domain or negotiating
for acquisition of property on Skyway FAS Y742(3) - parcels 10 and 10A for
Skyway construction project was adopted and the Chairman authorized to sign,
Bettye Blair., planning director, stated Jim Glander from the Public
Works Department has indicated the zoning in agriculture suburban does not
provide for a sales track officeo Thera was a request to adopt an interim
ordinance to provide for consideration of a sales track office in the "ASR"
zoned They have an application to change, a track home and are willing to
obtain a use permit,
482
There was a motion by Supervisor Lemke, seconded by Supervisor
Wheeler to adopt an interim ordinance to aiiow track office in the "ASR"
zoned
Supervisor Dolan stated this was a zone everyone was aware of
and knew very well,
Vote on motion:
AYES: Supervisors Lemke, Wheeler and Chairman Moseley
NOES: Supervisor Dolan
ABSENT: Supervisor Saraceni
Motion failed,
RECESS: 12:08 pomp
*** RECONVENE: 1:34 pomp
SUPERVISOR DOLAN ABSENT AT THIS TIME
APPROVE VARIANCE RENEWAL - CHESTER WALLING
On motion of Supervisor Lemke, seconded by Supervisor Wheeler
and carried, the renewal of a variance for Chester Walling to Sections
19-10 and/or 19-12 of the Butte County Code for placement of a mobile
home on AP 26-4-3, 6755 Irwin Avenue, Oroville area, zoning: "A-2" was
approvede
483
APPROVE P[FBLIC WORKS ITEMS
to Approved the revised 1980-81 SB 325 transit claim for submittal
to Butte County Association of Governments; the claim decreases the county's
share of the Intercity System from $203,696 to $42,000, increases the county's
share of the Chico Transit System from $32,201 to $43,000 and specifies $47,000
for- the Oroville ":.Express and $13,000 for the Oroville Area Transit System;
and submission to BCAG was authorizedo
484
2, Approved Butte County Intercity Transit System claim for 1980-81
for SB 620 funds in the amount of $214,431 for the Butte County Intercity
Transit. System with a total cost of the system estimated at $291,000; and
authorized submission to :BCAGe
3a Approved Orovilie Area Transit System claim for 1980-81 SB 620
funds in the amount of $46,733; .by agreement with Oroville, the county will
act as the claimant for SB 620 funds for the .transit system there is a total
expenditure estimated at $80,000; and authorized submission to BCAG,
Page 173,
March 24,' 1981
March 24, 1981
On motion of Supervisor Lemke, seconded by Supervisor Wheeler and
arried, the Purchasing Officer to negotiate for purchase two diesel tractors
ith rotary mowers was apgroved,
486 ADOPT RESOLUTION 81-65. REGARDING NU YAKKING ALUNG MAN'LAN11`A evr;xvun
Supervisor Wheeler stated there is a problem along the channel
on Manzanita Avenue with parking truckr.and trailers in the areao She has
received numerous complaintso
Clay Castleberry, public works director, stated the issue has
een before the Board previously,
On motion of Supervisor Wheeler, seconded by Supervisor Lemke and
carried, Resolution 81-65 making it illegal to park vehicles along the
channel on Manzanita Avenue, Chico, and to be posted was adopted and the
Chairman authorized to signo
487 ADOPT RESOLUTION 81-6b SETTING PUBLIC HEARING DATE FOR ABANDONMENT OF PUBLIC
On motion of Supervisor Lemke, seconded by Supervisor Wheeler and
carried, Resolution 8166 setting a public hearing date of April 28, 1981
at 10:00 a°amo for consideration of the Vo & M, Realty abandonment of public
utilities easement,,Paradise Pines, Unit 8, Lot 254 was adopted and the
Chairman authorized to signo
485 APPROVE PURCHASE OF E UIPMENT FOR PUBLIC WURKS
Clay Castleberry, public works director, set out the memo from
the Purchasing, Officer regarding negotiated purchase of two tractor-mowers,
One is in the budgeto
488
A public hearing date of April 21, 1981 at 10:30 a,m, for consider-
ation of the proposed negative declaration regarding environmental impact
and General Plan amendment to place a "high density residential" designation
on property currently designated "medium density residential", property
located on the northwesterly corner of Joshua Tree Road and Posada Way,
identified as AP 44-61-3, 9, 10 and 11, containing Sob acres, more or less,
Chico for Posada Way Investors was Seto
489 (ADOPT ORDINANCE 2203: REZONE PROPERTIES FOR DIAMOND INTERNATIONAL PURSUANT
On motion o£ Supervisor Lemke, seconded by Supervisor Wheeler and
carried, Ordinance 2203 rezoning Diamond International properties from "TM-40"
(timber mountain - 40 acre parcels) to "TP-160" (timber preserve - 160 acre
parcels) for inclusion of parcel AP 58-03-11 of contiguous land to Timber
Preserve Zone pursuant to Section 5111305 of the Government Code was adopted
and the Chairman authorized to signo
490 CONTINUE TO MARCH 31, 1981 - IMPLEMENTATION OF CALIFORNTA ENVIRONMENTAL
Discussion was held regarding a resolution prepared revising the
environmental review guidelines and re-establishing fee schedules at this times
Earl Nelson, environmental review director, set out the background
on the resolutions It is routineo He has reviewed the state and determined
a list of changeso
SUPERVISOR DOLAN PRESENT AT THIS TIME
Mro Nelson stated one of the changes of concern is the procedure
of who contracts for the preparation of a draft ETR, County Counsel has
Page 174,
March 24,1981
March 24, 1981
suggested the county~be the contractor rather than the engineero THe contacted
numerous engineers and there were not problemse Mr, Geddis did have a strong
objection, but he would live with it, Tt would be competitive, they would
contact three firmso They could do the projects in-house if the public
projects slacked off, They could do it at a savingse He suggested going
to three consultants and get bidso Then go back to the applicants with
the estimated costo
Mr, Nelson stated they have guidelines in effect at the present
times The state guidelines are clarifications and changes in definitionso
There was a problem with litigation where the plaintiff a7.J:dged-the
engineer had a tendency to be biased,
Supervisor Dolan questioned if there would be delays because of
going to bid for the consultanto
Mro Nelson stated hopefully there would not be a big delayo The
people who work on these start gathering information before they file on
the project so have a head start,
Dan Blackstock, county counsel, stated there would be two problems:
1) The developer contract is not going to be in a big rush, It could bring
a delay to the project; and 2) The other question involves around whether
or not the contractor is talking about people who prepare EIR reportso
He set out Proposition 9 regarding the 70,000 series on disclosure and
conflict of interests
Supervisor Dolan stated they are waiving the legal challenge for
preparation of the EIRo They are trying to change that and open up another
potential cause of actiono
Continued to March 31, 1981 consideration of implementation of
California Environmental Quality Action of 1970,
491
ADOPT RESOLUTION 81-67__- FOOD ALLOTMENT ALLOWANCE FOR GENERAL ASSISTANCE PROGRAM
There was a motion by Supervisor Wheeler, seconded by Supervisor
Dolan,that Resolution 81-67 clarifying the Board's action regarding food
allotment allowances on the General Assistance Program be adopted and the
Chairman authorized to sign,
Dan Blackstock, county counsel, stated previously they had the-r
original application, this resolutian simply incorporates all of the matters
they had before a year ago, They set it up where a person has a dietary
problem they get additionally $50o There have been no requests in the past
five yearso The Board held executive sessions on those requests and one
was resolved before it was heardo The states allotment for AFDC is approx-
imately $50 per montho fihis $50 is not out of line with what they have nowo
It is governmental paper work, The Welfare Director is presently studying
their proposal and will be back within a month or so,
Vote on motion:
AYES: Supervisors Dolan, Lemke, Wheeler and Chairman Moseley
NOES: None
ABSENT: Supervisor Saraceni
Motion carried,
492 WAIVE FIRST READING OF QitDINANCE CONCERNING PARKING AT PARADISE JUSTICE COURT
AND PARADISE MEMORIAL HALL COMPLEX
On motion of Supervisor Lemke, seconded by Supervisor Wheeler and
carried, the first reading of an ordinance concerning parking at the Paradise
Page 1750
March 24, 1981
81•
3
493
494
Jerry Bolster - District 3
E. M, West - Aistrict 5
Bob Sanders - District 4
Chris Baldwin - District 4
Continued to March 31, 1981 the balance of the committee,
495
William McBride - District 5
496
March 24, 1981
' _ _ _ _ _ - - ~ T - ~ ~ ~ ~ ~ _ - ~ - - - - - - - - - - - - - - - - -
Justice Court and Paradise Memorial Hall complex was waivedo
REPORT FROM COUNTY COUNSEL RE: LAW SUIT
Dan Blackstock, county counsel, notified the Board last week they
'were served with a suit from the Senior Information and Referral Center
relative to the Chico Welfare Office.
APPROVE APPOINTMENTS
On motion of Supervisor Dolan, seconded by Supervisor Lemke and
carried, the following appointments to the Housing Element Task Force were
approved:
(APPROVE APPOINTMENT
I~ On motion of Supervisor Lemke, seconded by Supervisor Dolan and
j carried, the following-appointment to the Butte County Fair Board was
'approved:
CONTINUE TO JUNE 16, 1981 AT 10:00 A.M. - BUTTE COUNTY PLANNING COMMISSION
AMENDMENT Ta BUTTE COUNTY GENERAL PLAN. HOU52NG ELEMENT
The public hearing on the Butte County Planning Commission amendment
to Butte County General Plan, Housing Element (final draft of housing element
applicable to the unincorporated portions of the county ) was held as continued,
Bettye Blair, planning director, set out the background on the
continued hearingo They are working with the consultant to provide information
prior to the final draft coming to the Boa~'d She recommended continuing the
hearing until in Junco
Hearing open to the publico Appearing: No one,
Hearing continued to June 16, 1981 at 10:00 a,mo
497
COMMUNICATIONS
Louisiana-Pacific Corporation, Red Bluff> The corporation sends a letter of
petition for cancellation of agricultural preserve contract for
numerous parcels in accordance with. Section 51285,5 of the Govern-
ment Code, Referred to Land Conservation Act Committee,
Mr. and Mrs. Donald J. Bloomstine, Chico, Mr. and~hlrs> Bloomstine write con-
cerning elimination of Sheriff's patrol in the upper Humbug Road area,.
See discussion following communications,
Lois E, Binns, Chico. Ms. Binns writes in support of libraries, Information;
no action takeno
Butte County Farm Bureaux The bureau writes forwarding a copy of their
resolution concerning eradication of the Mediterranean fruit fly,
Information; 'no action takeno
G, W, and Margaret Horton,.Paradiseo Mr. and Mrso Horton write concerning
the $100 penalty levied for failure to file a change of ownership
statement as required by Section 480 of the State Revenue and Tax-
ation Codex Discussed earlier in the meeting and referred to Assessor
and Administrative Officeo
Page 1760
March 24, 1981
a
498
March 24, 1981
Tracy No Tumlin, attorney at lawn The attorney, on behalf of William Daniel
Harp, files a claim in the amount of $3,000,000 as a result of
alleged injuries sustained in an automobile accident in the county
on December I2, 19800 See motion following communicationsa
Devon.Lo Workman, Lakeporto Mro Workman files a claim for excess tax sale
proceeds for AP 61-31-49 pursuant to the provisions of Revenue and
Taxation Code Section 46750 Referred to Auditor-and Tax Collector
for report back,
County of Marin, The county forwards information asking the Board to support
House Resolution 2142 which delays implementation of the 36 month
limit for federal reimbursement for refugeeso See motion following
communicationso
judge Brian L, Rix, Oroville/Paradise Justice Courtso Judge Rix writes
in response to a newspaper article regarding indigent defendants
appointments to the Public Defendero Discussion; no action takeno
DISCUSSION: RE: SHERIFF PATROL - SHERIFF AND CAPTAIN OF PATROL DIVISION
TO BE PRESENT AT MARCH 31, 1981 MEETING
Supervisor Lemke presented the following letters regarding new
changes in the patrol"? division and protection in their areas:
Arthur E, Johnson,,Stirling City Senior Citizens Organization
Mro & Mrso Lo F, Trombley, Paradise
Kathy Duffey, Inskip Inn, Stirling City
Ea Jo Mastrolia, Sacramento
Evelyn Van Hook, Inskip Inn, Stirling City
499
500
Supervisor Lemke understands Captain Mick Grey has initiated a
team response at the substationo
Supervisor Wheeler stated she had some information and would like
staff to bring back some answerse The people in the Cohasset and Forest
[danch area are not receiving the level of service in which the Board give
3irection, The people felt the recommendations to cover the rural areas
aas adequate, now they are experiencing problemso
Supervisor Lemke stated the Board has no control in light of the
Fact Captain Grey has taken charged The Board's approval of these funds
sere £or specific assignmentso He feels Captain Grey should come to the
Board and tell them of his plans so they have answers for the peopled The
Board acted in good faith, He feels it is the responsibility of the Sheriff's
?epartment, whether they have a study or not, to inform the Board,
Sheriff Gillick and Captain Grey to be placed on agenda for March 31,
1981 early in the meeting,
tEJECT CLAIM - WxL"'LT~M DANIEL HARP
On motion of, Supervisor Lemke, seconded by Supervisor Wheeler and
parried, the claim submitted for William Daniel Harp in the amount of $3,000,000
as a result of alleged injuries sustained in an automobile accident in the
:ounty on December 12,.1980 was rejected;: and referred to County Counsel and
Zi.sk Management Coordinatoro
~ETfiER OF SUPPORT TO BE FORWARDED TO COUNTX OF MARIN - RE: Fk;DERAL REIMBURSEMENT
?OR REFUGEES -
On motion of'Supervisor Wheeler, seconded by Supervisor Lemke and
parried, a letter of support to be forwarded to County of Marin regarding House
Zesolution 2142 which delays implementation of the 3.6 month limit for federal
reimbursement for refugees was,"a.u~t~}orized,
Page 1770
March 24, 1981
81-
b
501
March 24, 1981
AUTHORIZE ATTENDArTCE TO READING, PA TO LEARN WANTS AND WARRANTS SYSfiEM - DATA
PROCESSING
Supervisor Wheeler stated at the Data Processing Executive Committee
meeting held Monday, t[~ey approved the attendance of Terry Cortin, Sheriff's
Department, and .Tim Biggs,. Data Processing, to learn the wants and warrants
system of the Univac 90/30 in Reading, Pao The attendance of Mro Cortin is
included in the Sheriff's budgeto This is for the software packaged There
is no cast for the program,
There was a motion by Supervisor Wheeler, seconded by Supervisor
Lemke, to accept the proposal of Option ~~2 from the Data Processing Executive
Committe to send two personnel, Jim Biggs and Terry Cortin, to Reading, .Pao
regarding the wants and warrants system on the Univac 90/30,
C1if Mickelson, administrative officer, stated the Raiders place
is the only one up and operating on the 90/30 systemo
Supervisor Dolan stated she was not prepared to vote on this
matter as "she had no!. prior backup informationo She discussed the long
range plans for Data Processing,
Vote on motion:
AYES: Supervisors Lemke, Wheeler and Chairman Moseley
NOES: Supervisor "..Dolan
ABSENT: Supervisor Saraceni
Motion carriedo
502
DISCUSSION: RE: SEPTIC DUMP APPROVAL ON MARCH 17, 1981 - PUBLIC WORKS TO
REPORT BACK
Supervisor Lemke stated he was absent at the March 17, 1981 meeting
in which septic dump fees were approvede He had received a letter from Jerry
Begenba.rt_ concerning the unfairness to Paradise residentso He asked that the
issue be reviewed and report backo
Public Works to report back on the increase of fees regarding
septic dump sitee
503 (ADDITIONAL MATTERS
Supervisor Dolan stated she had received the report regarding the
release of paroleeso It appears it has been stable,
504
505
506
LETTER TO REPRESENTATIVE CRAPPIE REGARDING ABOLISHMENT OF LEGAL SERVICES CORPo
Discussion was held regarding the letter from Mark A, Wasser, county
counsel, Madera Countyo
On motion of .Supervisor Wheeler, seconded by Supervisor Lemke and
carried, a strong letter be sent to Representative Eugene Chappie and other
state legislators urging the abolishment of Legal Services Corporation and an
end to taxpayer-funded lawsuits against tax-supported local government was
approved,
AXES: Supervisors .Lemke, Wheeler :and Chairman Moseley NOES: Supervisor Dolan
ADDITIONAL ITEM i~,;;;; :°`_~_.__
A letter from Community Action Agency was referred to the "K" Code
Housing Committee,
!DISCUSSION:" ;RB: DEPART;MENT ~QF FOOD .AND• AGRICULTURE ~ APP0IATION NOTICE OF
TNT~TT NOI FOR PESTICIDE APPLICATION
~ Discussion was held regarding the memo from the Agricultural Advisory
lCommission relative for opposition of the Department of Food and Agriculture
Page 178,
i March 24, 1981
,...,
;,
81•
March 24, 1981 .
regulations to 24 hour Notice of Intent (NOI) for pesticide applieationo
There was a motion by Supervisor Lemke, seconded by Supervisor
Wheelex, in support of a letter to Mro Rominger, director, Department of
Food and Agriculture, opposing the Notice of Intent (NOI) portion of the
regulations for 24 hour notice for pesticidesa
Supervisor Dolan stated the regulations are on the books now
and the agriculture members would like to be present to talk about it,
Motion withdrawn,
AUTHORIZE SEMINAR ON ECONOMIC DEVELOPMENT SYSTEMS TO BE HELA IN THE COUNTX
On motion of Supervisor Lemke, seconded by Supervisor Dolan and
carried, authorized the State Department of Business and Economic Develop-
ment to hold a seminar in Butte County.• _-.,
507
ADDITIONAL ITEMS
Discussion was held regarding the soft drink machine at Mental
Health,
508
Dan Blackstock, county counsel, stated he has received a telephone
call from the Internal Revenue Services giving approval of the corporation
exemption status for the libraries in Gridley and Chico,
ADJOURNMENT
There being no further business before the Board at this time, the
meeting was adjourned at 3:21 p,m, to reconvene at 9:00 aam„ Tuesday,
March 31, 19810
ATTEST: CLARK A, NELSON, COUNTY CLERK-
RECORDER and ex-officio Clerk
of the B e County Board of
p rv's rs
By
Page 1790
Chairman, Board of pervisor
March 24, 1981