HomeMy WebLinkAboutM032580March 25, 1980
OF CALIFORNIA )
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OF BUTTE )
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The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Dolan, Wheeler, Winston and Vice Chairman Moseley.
Clif Mickelson, administrative officer; Dan Blackstock, county counsel, and
Clark A. Nelson, county clerk, by Nancy Wilson, deputy clerk. Absent:
Chairman Lemke.
edge of Allegiance to the Flag of the Unirted States of America.
ocation by Vice Chairman Moseley
On motion of Supervisor Dolan, seconded by Supervisor Winston and
arried, the minutes~of March 18, 1980 were approved as mailed.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
arried, waived the second reading of salary ordinance creating Che housing
nd community development analyst position,-- adopted Ordinance 2088 to.
ecome effective April 26, 1980 and authorized the Vice Chairman to sign.
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On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
rried, the U. S. Office of Personnel Management Merit System Standards
rtification Compliance Agreement was authorized for the Vice Chairman to
FURNITURE SURPLUS OF COUNTY EQUIPMENT AND AUT#30RIZED PURCHASING
TO DISPOSE OF BY PUBLIC AUCTION AND E%ECUTION OF CONTRACT FOR
On motion of Supervisor Winston, seconded by Supervisor Dolan and
arried, declared county furniture surplus; authorize the Purchasing Officer
o dispose of it by public auction on March 29, 1980 and authorize execution
f a contract with Tip Holloway and Associates for the conduct of the auction.
On motion of Supervisor Winston, seconded by Supervisor Dolan and
rried, the agreement with Gene McFarren for architectural services (not
eluding mechanical engineer) to construct the jail addition at a cost of
of construction -was approved. and the Vice. Gha3rman authorized to sign.
460 PPROVED PLANS AND SPECIFICATIONS FOR CHICO MUNICIPAL COURT REMODEL AND
ALL FOR BID TO BE OPENED APRIL '10. 19$0
On motion of Supervisor Wheeler, seconded by Supervisor Winston
nd carried, approved plans and specifications for Chico Municipal Court
emodel; authorize the Vice Chairman to sign; authorize the call for bid
nd set the bid opening for 2:30 p.m, on April 10, 1980 at the County
urchasing Office, 25 County Center Drive, Oroville.
461 TEM ON 1979-80 COUNTY JUSTICE SYSTEM SUBVENTION PROGRAM - MODIFICATION I & II
AKEN OFF THE AGENDA
The itevs on 1979-80 County Justice System Subvention Program -
odification I and II were taken off .the agenda.
462 PPROVED BUDGET TRANSFERS AND APFROVED CHICO RIVER ROAD AT MILLER AVENUE
On motion of Supervisor Winston, seconded by Supervisor Wheeler
red carried, approved the following transfers and approved Chico River Road
t Miller Avenue inst 1lation of drainage facilities and minor road work at
a estimated cost of 8,000 to ba accomplished by force account labor and
Page 296.
March 25, 1980
March 25, 1980
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equipment rental:
B-111 - Sheriff - Patrol Division. Transfers $32,000 from miscell-
aneous expense - unallocated revenue sharing to transportation and travel to
provide an additional budgetary appropriation to cover the cost of fuel for
patrol vehicles for the remainder of the fiscal year. Deficiency has been
brought about by increased costs of fuel.
B-112 - Paradise Justice Court. Transfers $25 from office expense
to memberships in order to cover the increased cost in the judge's membership.
B-113 - Public Works - Transportation Svstems. Transfers $250 from
office expense to publications and legal notices to provide an appropriation
for legal advertisements for the Inter City Transit System.
B-114 - District Attorney. Transfers $15,300 from the reserve
to professional and specialized services to provide an additional appropriation
to cover an :existing budgetary deficiency in the a~courtt and to provide an
appropriation for the remainder of the fiscal year. The deficiency was
brought about by unanticipated increased in laboratory costs.
B-115 - Public Works - Road Construction Clear_i__ne. Transfers
$54,000 from the Lincoln Boulevard at Monte Vista Avenue project; with
$50,000 going to the Gridley-Colusa Highway project and $4,000 to Foothill
Boulevard at Olive Highway traffic signals. The purpose of the appropriation
is to increase those projects that are pending award of contracts.
B°116 - Manpower Administration. Established an appropriation of
$100,657.60 for fixed assets - equipment with funding coming from unanticipated
federal revenue to cover the cost of computer hardware for the CETA system.
B-117 - Public Works - Road Construction Clearing. Transfers
$8,000 from the Esplanade at East Avenue signal project to the Chico River
Road at Miller Avenue project to provide an appropriation for the force
labor account safety project that is being proposed on Chico River Road.
B-110 - Oroville Justice Court. Transfers $13,280 from tfie reserve
to professional and specialized services to provide an additional appropriation
to cover the cost o£ assigned judges to the court.
463
(APPROVED HOUSING AND COMMUNITY DEVELOPMENT ITEMS
ff On motion of Supervisor Winston, seconded by Sugervisor Wheeler and
carried, the following Housing and Community Development items were approved:
1. Approved audit contract with Matson & Isom Accountancy Corp-
oration in an amount not to exceed $2,000 for the conduct of an audit of
the Community Development Block Grant Program covering a two year period
April 1, 1978 through Larch 31, 1980 and authorize the Vice Chairman to sign;
2. Approved Community Development Block Grant loan for rehabilitation
assistance at 1635 D Street Chico in the amount of $2,207.80 at 5% interest
for 30 years.
464~ADOPTED RESOLi3TI0N 80-59 AMENDING THE COUNTY AIR POLLUTION CONTROL DISTRICT
Joe Bandy, air pollution control officer, stated the fees were
for commercial and industrial emission sources. The last fee. schedule
was prepared in 1972. This is to have the schedule meet federal and state
standards. To be aware of the available pollution and offset what they have
in the county.
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March 25, 1980
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- ~ Dave Stratton, air quality engineer, stated there has to be a report
annually which is federally mandated.
On motion of Supervisor Winston, seconded by Supervisor Dolan and
carried, Resolution 80-59 amending the county Air Pollution Control District
rules and regulations for revised fees was adopted and the Vice Chairman
authorized to sign. '
BOARD TO SEND LETTER TO STANLEY FORTIER: RE: PROBLEMS IN OBTAINING BURNING
PERMITS FOR AGRICULTURAL WASTE BURNS ON NO-BURN DAYS
Joe .Bandy, agricultural commissioner, stated there had been 137
permits issued for special burns. He was before the Board reporting on
their referral of the Stanley Fortier letter from last week. After 3:00 p.m.
the Air Resources Board;foreas_t>~?-for the next day on whether to burn, a no
burn day or undetrimental burn day. Mr. Bandy set out the background on
the two specific dates of December 13 and February 13 mentioned in Mr. Fortier's
letter. Before issuing special permits they must determine the impact to
air quality standards. They make determinations on confidential and public
information regarding their records. The information regarding the burn days
may be given over the telephone.
On the February date Mrs. Fortier called in the morning and no
one was available but a message was taken. Mrs. Fortier indicated she
would call from her lawyers office. Mr. and Mrs. Fortier were issued
four burning permits in 1979 and one in 1980. They are required to shut
down the issuance of permits after a certain.number. The required time
period is from October 1 to December 17. One hundred theiy permits were issued.
Supervisor Wheeler felt a letter should be sent to Mr. Fortier.
The Administrative Office is to forward a letter from the Board.
Supervisor Winston stated Mr. Bandy is very concerned about
agriculture in Butte County and has had considerable experience. He
appreciated the work that was being done by Mr. Bandy and his office.
(APPROVED 1980-$1 SHORT-DOYLE PLAN AND BUDGET - MENTAL HEALTH
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, the 1980-51 Short-Doyle plan and budget for submission to the
State Department of Mental Hea1•th;was approved; authorized the Vice Chair-
man to sign the form "D" covering the document of the plan and authorize
the Vice Chairman to sign the assurance of compliance with Section 504 of
the Rehabilitation Act of 1973 as amended.
APPROVED PUBLIC HEALTH ITEMS
On motion of Supervisor Wheeler, seconded by Supervisor Winston
land carried, the following Public Health items were approved:
1. Approved Louise D. Lucas renewal of variance to sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home on
AP 54-19-23, 5708 Copeland Road, Paradise area. Zoning: "A-2 Ltd."
2. Approved George and Lois Silva renewal of variance to sections
19-10 and/or 19-12 of the Butte County Code for placement of a mobile home
on AP 40-17-1-4, Route 2, Box 44, Vista Lane, Durham area. Zoning: "A-5".
3. Approved Lawrence 0. Towner renewal of variance to .sections
19-10 and/or 19-12 of the Butte County Code for placement of a mobile home
on AP 40-30-001, Route 1, Box 344, Jones Avenue, Durham area. Zoning: "A-5".
46 DENIED RE UEST FOR PENALTY RELIEF FOR JERRY R. PINKLEY
On motion of Supervisor Wheeler, seconded by Supervisor Winston
' and carried, the request for pex~lty relief for Jerry R. Pinkley, AP 012-22-
2-005-0 and AP 012-22-2-006-0 was denied.
Page 298.
March 25, 1980
March 25, 1980
80- 469 ADOPTED RESOLUTION 80-60 RE: ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN -
b RALPH PFIESTER (CLARK ROAD FAU_PROJECT 5-452-74-2 MY 746 0
On motion of Supervisor,Wheeler, seconded by Supervisor Winston
and carried, Resolution 80-60 authorizing the acquisition of real property
by eminent domain, Ralph Pfiester, (Clark Road FAU Project 5-452-74-2 MY 746(2)
was adopted and the Vice Chairman authorized to sign.
470 APPROVED ROAD ALIGNMENTS FOR NORTHWEST PACIFIC RESOURCES
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and carried, request pursuant to Government Code Section 66426(c) for
approval of road alignments to allow further processing of parcel map by
Northwest Pacific Resources was approved.
471 AUTHORIZED ISSUANCE OF BUILDING PERMIT FOR CRAIG RECREATION ROAD - AP 71-29-10
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, authorized issuance of Craig Recreation Road building permit,
AP 71-29-10, from existing Craig access xoad for ingress and egress to
private property.
472 AUTHORIZED USE OF UNDERGROUNDING FUNDS BE UTILIZED FOR OVERHEAD ,FACILITIES
ON ORO DAM BOULEVARD TN THE CITY OF OROVILLE
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, authorized the County of Butte underground funds be utilized
for two fiscal years and not to exceed $600,000 to comply with City of
Oroville for undergrounding of overhead facilities on Oro Dam Boulevard
within City of Oroville.
473 APPROVED PUBLIC WORKS ITEMS .(ADOPTED RESOLUTION 80-6i)
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried the following Public Works items were approved:
1. Approved request from Meyers Street Assessment Dictrict to
relocate power poles on Valine Lane at a cost not to exceed $8,446.89;
payment to be made to Joint Pole Association with funding from incidental
expenses for the project (no cost to Butte County).
2. Approved agreement with California Water Service to place new
water line within Table Mountain Boulevard Bridge as part of construction
and authorize the Vice Chairman to sign.
3. Resolution 80-61,authorizing the execution of Program Supple-
ment No. 15 covering the funding for construction of Table Mountain Boulevard
Bridge (Project HBRR M-X715(1) and Project 28491-76-1) across the Feather
River with funding covering federal participation ($2,511,200) and state 169.1
funds ($702,800) was adopted and the Vice-Chairman authorized to sign,
474 ACCEPTED LOW BIDS ON COLUSA HIGHWAY (FROM CHEROKEE CANAL TO PENNTNGTON ROAD),
PROJECT N0. 09161-79-1 AND LINCOLN BOULEVARD (FROM 450 FEET SOUTH OF OPHIR
ROAD TO 1 200 FEET SOUTH OF MONTE VISTA AVENUE) PROJECT N0. 18491-78-1
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, the following were awarded the bids:
1. Colusa Highway (from Cherokee Canal to Pennington Road),
Project No. 09161-79-1 to Robinson Construction Company, Inc., Oroville,
for $432,361.00.
2. Lincoln Boulevard (from 450 feet south of Ophir Road to 1,200
feet south of Monte Vista Avenue), Project No. 18491-78-1 to Robinson Const-
ruction Company, Inc., Oroville, for $147,554.00.
Page 299.
March 25,1980
March 25, 1980
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Supervisor Dolan discussed the traffic problem at Rio hindo and
Cohasset Road, Chico. There had been governmental meetings. The City of
Chico would like to have four lanes:, with a left turn pocket. It would be
an expensive project with 70% funding County and 30% funding Gity of Chico.
The expense to the County would not be in excess of $400,000. Committee
members questioned if the road could be widened without filling in the
creek bank.
Supervisor Winston question the use of certain hours during
the day. He felt they would need an officer.
Supervisor Dolan stated the businesses in the area were willing
to educate their employees and the public about the proposed use. A
barrier would not be the answer.
Clay Castleberry, public works director, stated it would take
two years to finance the project':ad as they would have to modify the creek.
There was a problem with money.
Supervisor Wheeler suggested putting together a more streamline
proposal and bring back to the Board. A letter of cooperation is to be
sent.
COUNTY COUNSEL TO BRING BACK RESOLUTION REGARDING DIAMOND INTERNATIONAL
CORPORATION'S ABANDONMENT OF ERISTiNG SUBDIVISIONS ON APRIL 1 1980
Dan Blackstock, county counsel, reported to the Board concerning
Diamond Internation Corporation's abandonment of existing subdivisions for
AP 60-10-001 and 002 in the Butte Meadows area.
These parcels are in the TPZ :zone.;. The Assessor had recommended
and the Board included all of Diamond land around Lomo and Jonesville where
the tree farm is located, There is ,no initiative to subdivide. Initially
it was reversion of acreage. If they do not Diamond would be required
to pay the appropriate fees and he did not feel they would do so, His
office would submit a resolution setting a public hearing on the matter,
to be bxought hack April 1, 1980.
On motion of Supervisor Winston, seconded by Supervisor Dolan
and carried, County Counsel is instructed to bring back a resolution April 1,
1980 regarding Diamond International Corporation's abandonment of existing
subdivisions.
APPOINTMENT OE COUNTY FIRE WARDEN APPROVED
On motion of Supervisor Winston, seconded by Supervisor Dolan
and carried, the appointment of Arlen Cartwright as County Fire Warden
,was approved.
APPOINTMENTS TO THE OVERALL ECONOMIC DEVELOPMENT PROGRAM COMMITTEE APPROVED
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and carried, the following appointments were made to the Overall Economic
Development Program Committee:
Fred Davis, City Manager, City of Chico
Mike Ward, Real Estate
Todd Ratke, Convention Bureau
Evelene Payne, City Finance Officer, City of Gridley
Lorin Wiser, Developer.
David Jinkens, City Administrator, City of Oroville
Wayne Hall, Business
Phil Youngdahl, Business
Page 300.
March 25, 1980
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$0- 479 CONTINUED APPOINTNJaNT TO THE EMERGENCY MEDICAL SERVICES COMMITTEE - PUBLIC
~ MEMBER
The appointment to the Emergency Medical Services Committee -
public member was continued at this time.
THE CONSIDERATION OF PROPOSAL PRESENTED BY CHICO HOUSING IMPROVEMENT PROGRAM
(CHIP) REQUESTING REHABTLITATION GRANT APPLICATION IN CHAPMANTOWN TAKEN OFF
THE AGENDA
Bettye Blair, planning director, stated she had received a call
L-rom Mrs. Fran Wagstaff requesting that the consideration of proposal
presented by Chico Housing Improvement Program (C:-IIP) concerning their
request for rehabilitation grant application in Chapmantown be taken off
the agenda. It was noted the City of Chico had denied it.
x•81 PLANNING DEPARTMENT TO INITIATE REZONE OF CLARK ROAD DUMP SITE
On motion of Supervisor Winston, seconded by Supervisor Dolan
and carried, the Planning Department is to initiate rezone of Clark Road
dump site property.
RECESS: 9:55 a.m.
RECONVENED: 10:08 a.m.
482 PUBLIC HEARING: MICARTER, INC. ABANDONMENT OF PUBLIC UTILITIES EASEMENT
AND RECREATIONAL EASEMENT - CONTINUED TO APRIL 22 1980 AT 10:00 A.M.
The public hearing on Micarter, Inc. abandonment of public
utilities easement and_recreational easement, Unit 4, Lot 2I6, Paradise
Pines Country Club was held as advertised.
Bettye Blair, planning director, stated there was a problem with
this abandonment and requested it be held over to April 22, 1980 at 10:00 a.m.
The hearing was open to the public, No one appeared.
The hearing was continued to April 22, 1980 at 10:00 a.m.
483 PUBLIC HEARING: ADOPTED RESOLUTION 80-62 AND 80-63 - ABANDONMENT OF
GARX MARTONE PUBLIC UTILITIES EASEMENT, PARADISE PINES COUNTRY CLUB ESTATES,
UNTT 3 LOT 188
The public hearing on Gary Martone abandonment of public utilities
easement, Paradise Pines Country Club Estates, Unit 3, Lot 188 was held as
advertised.
Bettye Blair, planning director, set out the background on the
abandonment of the public utilities easement. It does not include the
recreatianal easement. The Board could move on the public utilities ease-
ment and hold a .separate hearing on the recreational easement at a later
date.
Hearing open to the public. No one appearing.
Hearing closed to the public and confined to the Boardo
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, Resolution 80-62 abandoning the Gary Martone public utilities
easement, Paradise Pines Country Club Estates, Unit 3, Lot 188 was adopted
and the Vice Chairman authorized to sign.
On motion of Supervisor Winston, seconded by Supervisor Dolan and
carried, Resolution 80-63 setting a public hearing date of April 29, 1980
at 10:00 a.m. to hear the Gary~Martone abandonment of recreational easement,
Paradise Pines Country Club Estates, Unit 3, Lot 188 was adopted and the
Vice Chairman authorized to sign;.,_~•
Page 301.
March 25, 1980
March 25, 1980
$0- 484 PUBLIC HARING: 'JOE K. MAYS REQUEST FOR VARIANCE TO SECTIONS 19-10 AND/OR
~ 19-12 OF THE BUTTE COUNTY CODE-FOR PLACEMENT OF A MOBILE HOME ON AP 65-Q7-1,
STAR ROUTE DE SABLA, MAGALIA AREA
The public hearing on Joe K. Mays request for variance to sections
19-10 and/or 19-12 of the Butte County Code for placement of a mobile home
on AP b5-07-1, Star Route DeSabla, Magalia area; zoning: "TM-5" was held
as advertised.
Lynn Vanhart, environmental health director, stated the application
was to place a mobile home on the property for Mrs. Mays mother Cabo needs
observation daily.
Hearing open the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the request :of Joe K. Mays for a variance to sections 19°lfl
and/or 19-12 of Che Butte County Code for placement of a mobile home on
AP 65-07-1, Star Route DeSabla, Magalia area; zoning "TM-5" was approved
for a period of one year.
485 COMMUNIC.lATIONS
The California Native Plant Society. The society writes forwarding inform-
ation and proposed course of action for rare and endangered plant
protection concerning the Walker-Moore tentative recreation
subdivision, AP 41-25-29. Information; no action taken.
Walter and Lois Scheer, Oroville. Mr< and Mrs. Scheer write with regard
to the Fiant rezone that is set for hearing at 10:30 a.m.
Information; to be considered later in the meeting.
Jeanene Craft, Paradise. Mrs. Craft writes requesting return of a $2,700
drainage deposit plus accrued interest as part of a parcel map
condition for AP 51-25-48. Referred to Public Works.
David Gill, Oroville. Mr. Gill writes advising that the county should study
', the drainage problems in the area of a proposed rezone at Mt. Ida
Road and Wyandotte-Miners Ranch Road (Leon E. Mayer rezone),
Letter to be brought back after Planning Commission holds a
rehearing on the Mayer rezone.
Paul R. Minasian, attorney at law. The attorney, on behalf of Barry and
Lynn Rockwell, et al, appeals the Subdivision Committee variance
from certain cul-de-sac and roadway requirements for a portion of
the Valley View Subdivision, AP 34-27-116, northeast side of
Oakvale Avenue, 1,500 feet southeast of Hilldale, Oroville.
Hearing set for April 8, 1980 at 11:15 a>m.
S. L. Swegle, Walnut Creek. Mr. Swegle writes forwarding information con-
cerning alternatives to new state prisons. Information; no action
taken.
Goldstein, Barcelous & Goldstein, attorneys at law. The attorneys, on
behalf of Irene Froelich, file a claim in the amount of $250,000 _
plus other expenses as a result of an automobile accident occurring
on West Sacramento Avenue near Grape Way in Chico on or about
January I, 1980. See motion follocaing communications.
Jordan N, Peckham, attorney at law. The attorney, on behalf of Willie J.
Hyman, forwards a claim of $750,000 as a result of alleged damages
Page 302.
March 25, 1980
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March 25, 1980
^ to his reputation and mental and-emotional distress. See motion
following communications.
David P. Mastagni, attorney at law. The attorney, on behalf of Arthur
Anderson, files a claim in the amount of $250,000 as a result
of alleged damages occurring as a result of an automobile
accident on the Skyway occurring on or about December 24, 1979.
See motion following communications.
CLAIMS REJECTED BY THE BOARD
On .motion bf Supervisor Wheeler; seconded by Supervisor-Winston
and carried, the following claims were rejected and seLo~~ed.to County
Counsel and Risk Management Coordinator:
4861
1. Goldstein, Barceloux & Goldstein, attorneys at law, on behalf
of Irene Froelich, filed a claim in the amount of $250,000 plus other expenses
as a result of an automobile accident occurring on West Sacramento Avenue
near Grape Way in Chico on or about Januaxy 1, 1980;
2. Jordan N. Peckham, attorney at law, on behalf of Willie J,
Hyman, forwards a claim of $750,000 as a result of alleged damages to his
reputation and mental and emotional distress;
3. David P. Mastagni, attorney at law, on behalf of Arthur
Anderson, files a claim in the amount of $250,000 as a result of alleged
damages occurring as a result of an automobile accident on the Skyway on
or about December 24, 1979.
PUBLIC HEARING: ADOPTED ORDINANCE 2089 RE: JOHN D. DRAKE PROPOSED NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACT AND REZONE FROM "A-SR" (AGRICULTURAL -
SUBURBAN RESIDENTIAL) TO "C-2" (GENERAL COMMERCIAL) AND FROM "C-2" TO "A-SR"
AS AN ADJUSTMENT OF .ZONE BOUNDARIES TO MATCH APPROVED LOT BOUNDARIES,
PROPERTY LOCATED ON THE SOUTHEAST CORNER OF EATON ROAD AND STATE HIGHWAY 99,
487
The public hearing on John D. Drake proposed negative declaration
regarding environmental impact and rezone from "A-S R" (agricultural - suburban
residential) to "C-2" (general commercial) and from "C-2" to "A-SR" as an
adjustment of zone boundaries to match approved lot boundaries, property
located on the southeast corner of Eaton Road and State Highway 99, identified
as AP 44-47-74, Chico was held as advertised.
Bettye Blair, planning director, stated the Board had copies of
lanning Commission minutes and staff findings. It is within the General
lan. It is to bring it more in conformity with the parcel lines.
Earl Nelson, environmental review director, stated there would be
change on the environment. 1t has already been reviewed by the
Agency as an adjustment,
Hearing open to the public. Appearing:
I, Randy Coy, John Drake`s office. Mr. Coy displayed a large
for the Board indicating the present lines and the proposed changes to
lot lines at the Planning Commission's request.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
ried, finding that the proposed project could not have a significant effect
the environment and that a negative declaration is recommended.
Page 303.
March 25,1930
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80- - On motion of Supervisor Wheeler, seconded by Supervisor Dolan
~ and carried, Ordinance 2089 rezoning from "A-SR" (agricultural - suburban
residential) to "C-2" (general commercial) and from "C-2" to "A-SR" as an
adjustment of zone boundaries to match approved lot boundaries, property
located on the southeast corner of Eaton Road and State Highway 99, AP
44-47-74, Chico was adopted and the Vice Chairman autharized to sign.
COMMUNICATIONS CONTINUED
Supervisor Jim Bates,-San Diego County. Supervisor Bates forwards information
asking the Board to consider requiring various solar applications
in new developments. Hold this communication until the Board
members receive further information other than the letter.
State Department of Fish and Game. The department advises that they have
withdrawn their recommendation on the either sex archery deer
hunt at Gray Lodge and have recommended an archery buck hunt.
Referred to Fish and Game, Gene Mercer.
Senator John Garamendi. Senator Garamendi writes asking that the Board
support 5B 1476, a welfare reform bill designed to move employable
recipients off welfare into employment. See motion following comm-
unications.
Supervisor Winston suggested that the Welfare Director encourage
recipients to enlist in a branch of the military service. They can be
removed from the welfare rolls and trained in a skill.
Welfare Director is requested to report back to the Board,
Senator Ray Johnson. Senator Johnson writes in follow-up to the .Boa rd's
concern relating to SB 1300, relating to surface mining and
reclamation. Information; no action taken. It was noted the
bill has been amended once since they have looked at it.
State Office of Planning and Research, The department writes concerning
possible future problems relating to the 1980 census. Hold this
item for Mr. Bollinger to comment on later in the meeting.
Bachman & Associates. Mr. Bachman writes appealing item ~k6 of conditions
on Floyd Reynolds parcel map, AP 42-14-96. Hearing set for
April 15, 1980 at 11:15 a.m.
Harold and Anna Marie Cooper, Chico. Mr..and Mrs. Cooper write appealing
the Planning Commission's denial of a proposed negative declaration
and rezone from "SR-1" (suburban residential - 1 acre parcel) to
"R-4" (maximum density residential - restricted services) property
located on the north side of State Highway 32, approximately 700
feet west of Muir Avenue, AP 42-30-03, Chico. Hearing set for
April 22, 1980 at 10:30 a.m.
48 LETTER OF SUPPORT OF SB 1476 TO BE MAILED TO LEGISLATURE
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, a letter of support of SB 1476 be mailed to legislature regarding
welfare reform to move employable recipients off welfare into employment.
SHERIFF GILLICK TO BE PRESENT APRIL 15, 1980 AT 10:00 A.M."T0•DISCU55 LAW
ENFORCEMENT FOR DURHAM COHASSET AND FOREST RANCH AREAS
Sheriff Gillick is requesbed~ to be present on April 15, 1980 at
10:00 a.m. to discuss law enforcement in the Durham, Cohasset and Forest
Ranch areaso
Page 3D4.
March 25, 1980
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_ March 25, 1980_ _ _ _ _ _
490 PUBLIC HEARING: BURL D. AND PATRICIA A. FIANT REZONE (ITEM ON WIiICH PROVISIONS
OF THE CALIFORNIA ENVIRONMENTAL QUALITX ACT DO NOT APPLY) FRAM "A-R" (AGRICULT-
URAL - RESIDENTIAL) TO "AR-MH° {AGRICULTURAL RESIDENTIAL - MOBILE HOME),
PROPERTY LOCATED APPROXIMATELY 500 FEET NORTH OF OLIVE HIGHWAY (STATE HIGH-
WAY 162), APPROXIMATELY 1,000 FEET WEST OF CANYON DRIVE, IDENTIFIED A5
~y JT v +The public hearing on Burl D. and Patricia A. Fiant rezone (item
on which provisions of the California Environmental Quality Aet do not apply)
from "A-R" (agricultural - residential) to "AR-MH" (agricultural residential -
mobile home), property located approximately 500 feet north of Olive Highway
(State Highway 162), approximately 1,000 feet west of Canyon Drive, identified
as AP 34-O7-i13 and 114, Oroville was held as advertised.
Bettye Blair, planning director, stated they have Planning
Commission minutes and staff findings. Ms. Blair set out the background
on the rezone request. There are two five acre parcels. The Commissions
intent was to restrict it to the area where the mobile was to be located.
There is no provision for an "Aunt Minnie" in the present zone.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board. It was
noted under communications handled earlier in the meeting, there was a
letter from Walter and Lois Scheer, Oroville regarding the Fiant rezone.
Bettye Blair stated this area had been zoned "A-R" in the late
1950's.
Supervisor Winston stated there were many single family residences
in the area. If they start zoning to accommodate individuals they were
going to be trouble. There had been a great deal of discussion about
zoning and the protection of zoning in the east foothill area. He was
in sympathy but he felt they would be setting a dangerous precident.
Ms. Blair stated there may be legislation coming up that would
make this a mute question. From the Commission and staff's stand point
they are looking at density not methods of housing. The area is developing
and it is a prime issue. To change it would be more restrictive to
additional zoning but without public sewer or less than 5 acres.
Supervisor Winston staked in the near future when the legislation
comes down it would allow mobiles in the "A-R" zone. He questioned if
County Counsel should investigate the feasibility of a zoning amendment
for "Aunt Minnie" in agriculture zones.
Vice Chairman Moseley stated the Planning Commission should be
directed to hold hearings on such a proposal and that would get it back
to the Board.
Ms. Blair questioned if the Board wished her and County Counsel
to take this to the Planning Commission for a report back~did they just
.want the "A-R" zone. and "AR-1".zone changed.
Supervisor Winston stated to cook at the residential zones. Look
at ..each individual case. Fortunately legislation is coming down. Take a
look at section 19, 20 and 24.
On motion of 5uperv~sor Winston, seconded by Supervisor Wheeler
and carried, the request of Burl D. and Patricia A. Fiant rezone from "A-R"
(agriculture.- residential) to "AR-MH" (agricultural residentiala- mobile
,home), property located approximately 500 feet north of Olive Highway (State
'Highway 162), approximately 1,000~~}feet west of Canyon Drive, AP 34-07-113
and-114, Oroville, was denied. Page 305. ---
March 25, 1980
80-
b.
March 25, 1980
Supervisor Wheeler stated the applicants should be advised as
to the direction the Board was advocating.
Counsel and Planning are to formalize the direction to the
Planning Commission. To investigate and report back.
RECESS: 10:44 a.m.
RECONVENE: 11:01 a.m.
491 PRESENTATION B'Y BRUCE BOT~LINGER, MANAGER OF U.S. CENSUS BUREAU'S FIELD OFFICE
Bettye Blair, planning director, introduced Mr. Bruce Bollinger,
manager of Uo So Census Bureau`s field office in Roseville.
Mr. Bollinger stated the census was a requirement of the U. S.
Constitution. Mr. Bollinger set out the background on the census from
1860.. He explained the process of obtaining-the street addresses. The
questionnaire will be mailed on March 28 and would like them returned
by April 1. It was important to obtain an accurate count. If there are
questions there will be a toll free number. The information will remain
confidential. There have been several incidents where the information
was requested but each time they were turned down. The information is
sealed for 72 years. The schedule to provide data is January 1, 1981 to
be reported to the President and by April 1, 1981 to report to each
governmental agency. The census is used to determine legislators. Each
census there is a percentage of people not counted. This can mean 5
million people or $2 million over a 10 year period,. Most governmental
departments; federal, state and lacal rely on these figures. Many programs
are effected by the censuso There are about b5 questions and it should
take approximately 45 minutes to answer.
Mr. Bollinger answered in response to the letter from the State
Office of Planning and Research and future problems relating to the 1980
census, originally there was to be a housing count in advance of the census.
There had been a problem with moisture damaging the equipment. He was here
before the Board to help make the entire county aware of the census and
to get as much coverage as possible.
492 APPEARANCES: •RE:_ -=SW$13ES F7 4T= ROAD
Michael Pierce, Swedes Flat area. Mr. Pierce wanted to clarify
conditions of the roads in that area. It was a concern to many people in
the community,
Gene Silva, -0roville. Mr. Silva stated he was an interested
citizen. He had appeared at the gathering last Saturday of concerned
residents at Swedes Flat Road and Hurleton Swedes Flat Road. He was
familiar with the area. He was a previous Planning Commission member.
Approval of lot splitting by previous Boards have caused problems in that
area. One was read maintenance. During winter months the road is impassable.
He felt three culverts and grading; with a road base could be done at a
minimum cost. A few of the residents have volunteered to help.
493 APPEARANCE: HENRX MC CALL
Henry. McCall, 0roville. Mr. McCall had three items he wished to
discuss. He stated the County was getting $16,000 a year for water~~rights
on the Feather Rivex. He felt the water could be used in the 0roville area.
He would like a committee formed to look into this.
Dan Blackstock, county counsel, stated Butte County has;`:contract
with California Water Service. There had been an amendment to`Ta''~i`le A to
lessen their total take. Ou_r costs ire based on the Delta Water rate.
Page 3060 .
March 25, 1980
_ March 25, 1980 _ _ _ _ _
80- Others could buy it without too much of a problem.
Ciif Mickelson, administrative officer, stated it was a very
good agreement. They could increase or decrease it. He noted the water
rates in Oroville were high.
Mr. McCall discussed the problem of outside sewer services.
In the 1960's the property owners had no objections to be annexed to
Oroville with the condition they could get sewer agreements. They pay
the same tax rate for sewer as geople of Oroville. They have written
for an opinion from the Attorney General's Office. He felt it was an
illegal charge. He recommended to the Oroville City Council they refund
the money. This area is in the County and the Board has a responsibility
to see that these people are not chargedo It is against the law.
Mr. McCall discussed the problem with the bums in the area of
Soiano Rail Company. They want the Board to direct Solano Rail to move
the cars back. He is concerned about the safety factor of people living
in this area.
49 APPEARANCE: MRS. LEON RANDALL
Mrs. Leon Randall, Oroville. Mrs. Randall stated last Wednesday
her daughter was mowing the lawn and a bum came across the street. Mrs.
Randall had her daughter explain to the Board what had happened. The bum
dropped his things in front of the property and he came over and touched
her, she went to the house and told her mother. The Sheriff's Department
did nothing. She was denied the right to sign a complaint. She asked the
Board to wite to Southern Pacific indicating the bums were causing a
public nuisance.
Vice Chairman Moseley indicated the Board had received a memo
from the Sheriff's Office indicating they were watching the area.
49 AISCUSSION: RE: SWEDES FLAT ROAD
Frank Costello, Swedes Flat Road. Mr. Costello was concerned
about the area. Money had been allocated for the road and then it had been
given to the City of Oroville. He did not feel any tax money was being
spent in that areae
Al S~raceni, Oroville. Mr. Saraceni had checked with the Bangor
Fire Department regarding road conditions. There would be a problem if
they were called upon to respond during the winter months. He felt the
people could use some assistance.
John Mosela. Mr. Mosela was concerned about the children in the
area. There are 17 children. The school bus..will not come down the road.
Mr. Mosela read a letter he received in response to a request from the
school to provide a bus. There was a safety hazard. He would like the road
fixed so the school bus could come down their road.
Michael Evans, Swedes Flat Road. Mr. Evans-had a personal interest.
He had two children and they have to take them 4-3/4 miles to catch the bus.
During winter months he must go through two creeks which during winter months
are not passable. He questioned why they could not receive culverts for
these two spots. Mr. Evans presented pictures to the Board showing the
road condition and where boulders were pushed into the creek which caused•
the creek to rise higher during the rainy season. He was asked if he was
aware at the time he purchased his property of the road conditions. He
felt if the property owners could come up with $4 to 5,000 could the County
help.
Page 307.
March. 25, 1980
80-
496
______==--=March=25,J1980 ____________________
Clay Castleberry, public works director, stated Supervisor Moseley
had ~onCa.ctglthe California Division of Forestry in helping maintain the roads
but had not gotten any help. Swedes Flat Road was part of the maintained
road system. It was a little better 25 years ago when only three people
used it. There were 3-400 parcels created along that road. Two to three
years ago a previous Board had indicated a committee wanted to assist but
nothing came of it. Later he proposed some culverts and it did not work
out. He suggested an assessment district.
APPEARANCE: CAROL TAYLOR
Carol Taylor, ~:Oroville. Mr_•Taylor stated they had gone to the
undersheriff with the original petition they had presented several years ago
when the problem with Solana Rail. All of the letters they wrote to the
Health Department to the nuisance charge were given to Undersheriff Stenberg.
Supervisor Winston indicated they had received a letter from
County Counsel stating it was not a nuisance and they were aware of the
problem in that area. He felt the way to handle it was for someone to
initiate a rezone in the area.
Vice Chairman Moseley stated they would look further into this
matter.
497
498
499
APPEARANCE: MICHAEL PIERCE
Mr. Pierce had all of the people in the audience who were concerned
about Swedes Flat Road problem to stand. Mr. Pierce would like to see a
committee formed to work hand in hand to pursue the different lines they
can go. There was $300,000 plus which was collected in fines due to the
illegal lot splits, they would like this money used for the road and not
be placed in the General Fund. They would like to have the use of County
time and equipment. The Revenue Sharing Committee submitted plans, they
did not get any funds. He would like the:"-Board:ao instruct Public Works
as to the direction to go on this project. To: _. __ j have Public Works
meet with the residents committee. To ask the Board to spend the money
collected from mileage maintenance system. To submit long term plans
with the citizens.
Clay Castleberry, public works director, stated he could tell
them what the costs would be and was willing to meet with the citizens.
They would not be able to come up with a plan to please all of the people.
He would like to meet again with Mr. Pierce and would submit a written
report to the Board. In the report he is to explain how the reimbursement
money is used.
APPEARANCE: MOXIE SHIRLEY
Mr. Moxie Shirley spoke regarding his concern of the condition
of Swedes Flat Road. They were not asking for the road to be paved, but
to be able to travel the road.
Clay Castleberry, public works director, stated the people are
doing the maintenance and the crews are doing a good job.
RESCIND RESOLUTION 80-59 AND SET PUBLIC HEARING~DATE FOR REVISION TO
AIR POLLUTION FEE STRUCTURE
Dan Blackstock, county counsel, stated the Board was to rescind
Resolution 80-59 adopted earlier in the meeting and set the matter for
public hearing.
On motion of Supervisor Winston, seconded by Supervisor. Dolan
and carried, Resolution 80-59 amending the county Air Pollutirin Control
District rules. and regulations. for revised fees was rescinded.
Page 308.
March 25, 1980
_____=-===March_25,=1980 ==T--===------- -~,_ __
30- A public hearing date of April 29, 1980 at 10;00 a.m. was set to
d consider amending the revision to Butte County Air Pollution District rules
and regulations for fees.
There being nothing further before the Board at this time, the
meeting was adjourned at 12:22 p.m. to reconvene on Tuesday, April 1,
1980 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK-
RECORDER and ex-officio Clerk
of the Board of Supervisors
Cha rman, Boar o Supe isors
By .
Page 309.
March 25, 1980