HomeMy WebLinkAboutM040180April 1, 1980
STATE OF CAT,IFOltT~1TA )
SS.
COL1F17,'Y 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 Mickelson, administrative officer, by Mike Pyeatt, assistant admin-
istrative officer; Dan Blackstock., county counsel, by Jim Griffith, deputy
county counsel, and Clark A. Nelson, county clerk-recorder, by Nancy Wilson,
deputy clerk.
Pledge of Allegiance to the Flag of the United States of America.
Invocation by Supervisor Moseley
500 PPROVAL OF MINUTES
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the minutes of Pfarch 25, 1980 were approved as mailed.
OTE: AYES: Supervisors Dolan, Moseley, Wheeler and Winston ABSTAINING:
hairman Lemke.
501 AIVED FIRST READING OF SALARY ORDINAPICE AP4EPdDMENT ESTABLISHING POSITION
F PROBATION OFFICER FOR PROBATION DELINQUENCY PREVENTION GRANT THROUGH CCCJ
On motion of Supervisor Dolan, seconded by Supervisor Moseley and
nanimously carried, waived the first reading of salary ordinance amendment
stablishing a position of probation officer for the Probation Delinquency
revention grant funded through CCCJ.
502 UTHORIZED THE CHAIRMAN TO SIGN RESPOP7SE LETTER FOR CETA QUARTERLY ASSESSMENT
ESPONSE FOR FY 1980
On motion of Supervisor Moseley, seconded by Supervisor Wheeler and
nanimously carried, authorized the Chairman to sign the response to the
eparCment of Labor regarding the first quarter assessment of the CETA
rogram for FY 1980.
503 OTION FOR AWARD OF BID FOR VEHICLES - CONTINUED TO LATER IPd MEETID?G
There was a motion by Supervisor Wheeler, seconded by Supervisor
olan, authorizing the Purchasing Officer to award bid for -three trucks and
van from the state and two used compact sedans from Avis Rent-a-Car.
Supervisor Winston questioned if the Purchasing Officer had received
ocal response. .
Vote on the motion and discussion held until the Purchasing Officer
as present later in the meeting.
.504 OPTED RESOLUTION 80--64 DESIGP]ATING GRIDLEY JUSTICE COURT JUDGE AS PROJECT
IRECTOR TO SUBMIT GRAY7T
On motion of Supervisor Moseley, seconded by Supervisor Dolan and
nanimously carried, Resolution $0-64 designating the Gridley Justice Court
udge~as project director to submit grant application for submission to the
ffice of Criminal Justice Planning in the amount of $5,000 federal funds
no local funds) to allow for acquisition of a complete set of Cal. Reports
~nd Cal. Appellate Reports to enable them to operate with greater efficiency
as adopted and the Chairman authorized to sign.
505
RECTED AUDITOR TO DISTRIBUTE EXCESS PROCEEDS
On motion of Supervisor nolan, seconded by Supervisor Moseley and
animously carried, authorized the direction to the Auditor to distribute
cess proceeds from the sale of property in accordance with Revenue and
xation Code Section 4675 for AP 7I-1--68, AP 71-1-84 and AP 71-1-70 with
oceeds-am¢untiAg to $12,300.95, distribution to: Marilyn 47eiCkamp, z;
nape. 310.
April 1, 1980
=--____-_= April 1,-1980______ ______________
80- ~Paulyne Swaton, '~; and Harvey Swaton, 4 was approved.
b
506 I APPROVED B[IDGET TRANSFERS
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the following budget transfers were approved:
B-118 - Planning Commission. Transfers $13 from office expense
to special department expense in order to cover the costs of a camera that
exceeded the budgetary amounC.
B-119 - Public Works - Road Construction Clearing., Transfers
$5,000 from the Cox Lane railroad crossing and $5,000 from the South Villa
Avenue railroad crossing; for a total of $10,000 going to the Big Bend and
Yankee Hill road safety projects which were approved by the Board on March 11,
1980; Minute Order 80-383.
B-120 -- Sheriff-Coroner. Within the incarceration budget transfers
$200 from food to office expense in order to cover existing budget deficiencies
and to provide an appropriation for Che balance of the fiscal year. Within
the investigation budget Cransfers $1,200 from transportation and travel to
special department expense in order to cover present budgetary deficiencies
and provide a budgetary appropriation for the balance of the fiscal year.
In both cases, actual expenditures are proving greater than the original
estimates.
B-121 - Building and Grounds Maintenance. Transfers $418 from
routine maintenance to rents and leases of equipment to cover the cost of
truck rentals required in the move of furniture associated with the Admin-
istration Building move and the upcoming equipment auction.
B-122 - Federal Revenue Sharing - Miscellaneous Projects. Trans-
fers $6,000 from unallocaCed appropriation to the Palermo Senior Citizens
Center in order to provide an appropriation for the resurfacing of the
parking lot at the center.
B-123 - Manpower Administration. Establishes an additional
appropriation for comprehensive general Liability insurance and costs of
installation and. maintenance of the new computer for the CETA grant manage-
ment system as follows: general insurance, $22,350; maintenance of equip-
ment, $3,500; professional and specialized services, $15,200; and fixed
assets -- equipment, $4,250. Total amount of the transfer is $45,300 with
funding coming from federal aid - unanticipated revenue.
507 APPROVED AWARD OF BID FOR VElIICLF.S - MOTIOTI HELD EARLIER MI2dUTE ORDER 80-503
Supervisor idinston questioned the competition bid between the
State price and other price, there was no mention of what the other price
was in Mr. Struthers memo.
Tom Struthers,.purchasing officer, set out the background on
the process, of determining the bid. Mr. Struthers stated it is less
expensive to buy through the State because of the'.$20:-•to $30 mark-up. The
price difference was substantially less, from. $300 to $700 as best they
could estimate by dealing with the State and not locally. They deal locally
when they can. When purchasing special equipment with no savings they deal
locally. He felt it was important they do the best they can with the tax
dollar. They .try to judge these things and buy from the lowest bidder or
at the lowest price. F.ven though Chey buy from Merced the sales tax does
come back to our county.- Mr. Struthers stated any dealer in the state can
bid to the State, they do have the opportunity.
Supervisor Winston stated local government has bandied about this
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April 1, 1980
April 1, 1950
80-
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with the local dealers and maintained a large fair share of employees and
people who are not paying taxes. tie was concerned about the State buying
a manufacturing plant and then buying their own material. He was concerned
about the competitive system. It is a matter of $300 going here and returned
to us in benefits of employment.
Mr. Struthers agreed with purchasing locally, Iie felt they were
saving close to $1,500 to $2,000 by going to the State for ,these 4 vehicles.
Chairman Lemke had the same feelings but he could not help but
believe that on gen.eral.vehicl.e as::we are doing to stay with the free enter-
prise, the market place is going to'determine where they buy for the best
tax.dollar. Iie did not feel a dealer in Merced could get a jeep any cheaper
than a dealer in Chico or Oroville, it is a fairly consistent bid process.
It is on the same level with the 20 - 30 mark-up. He felt it was hard to
live with that they are going out of town.
Mr. Struthers felt they would be getting benefit from the local
dealer on the service warranty. They were to pick the vehicles up in
Sacramento. •
Vote on motion from minute order 80-503.
AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke
P?OES: Supervisor Winston
Motion carried.
5 C.~,
509
510
Supervisor Wheeler was concerned that local businessman get
their share from the County.
Supervisor Winston stated in the 15-years he has been dealing
with the County and City level. He was concerned about the local benefit.
They should give some thought to policy.
In the future they would like the State contract bids on items
like this to seek local participation. To see some type of break down.
To make an analysis, a cost benefit analysis of each purchase.
Mr. Struthers stated they try to prefer local dealers. They always
try to get benefit in the best interest.
TOSdN OF PARADISE MANAGER TNTRODUCED
Chairman Lemke introduced the new Town Manager for the Town
of Paradise, Mr. Iial ?ielson, who was present with his family.
APPROVED RENEWAL OF VARIANCE - SIDNEY BRAASCIi
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Sidney Braasch renewal of vasiance.to sections
19-10 and/or 19-12 of the Butte County Code for placement of a mobile home
on AP 27-20-51, 8036 Melvina Avenue, Palermo area.; zoning: "A-2" was approved.
APPROVED DENTAL DISEASE PREVENTION PROGRAM TO BE SUBMITTED BY PUBLIC HEALTH
DIRECTOR FOR FUNDING
Dr, Richard Svihus, public health director, stated there were no
agencies in the area who could provide this service. The Northern California
Sacramento Valley Rural Health could provide this service. The administrative
costs would be for teachers rather than supplies. It will be $3 per child.
There was a motion by Supervisor Wheeler, seconded by Supervisor
Dolan, to authorize the Public Health Director to sign and submit a funding
Page 312.
April 1 , '1980
April 1, 1980
80--
a
proposal with the State Department of health Services to institute a new
dental disease prevention program to be conducted in the schools as established
by 5B 111 with total amount of funds to be $6,600and the Child Health and
Disability Prevention Pi~o.gram Advisory Board to recommend a non-profit agency
to conduct the program.
Dr. Svihus stated they had the support of Mr. Evans of County
Schools. If the funds are approved there trill be another $1 per child
from the school district.
Dr. Perko, Paradise, stated there is flouridein the water. in
Oroville and Gridley. The program has the solid support of the dentists
in the area.
Dr. Svihus stated only parts of Oroville had flouride in-their
water. This is a mouth rinse. It would be 1 milligram per day per person
It would not be infested.
Dr. Perko stated there had been a study in San Francisco and
there were 60% fewer dental problems.
Supervisor Winston stated it has been proven it is better to
floss rather than brush your teeth. You can tell people and show people
but they will not change their habits.
Dr. Dale Pierce, Placerville, Dental Rural Health Project. Dr.
Pierce stated it has been proven that d;lourid~can reduce cavities. Flouride.
water is the best prevention, 9S% of the people do not need dental assist-
ance. Dr. Pierce stated there is a federal grant for building such a
program and they pay Che first year. People over the age of 20 have the
most common problem of gum disease, even in a flouride area. There needs
to be an education of people and they want to start with the children.
It is a fact we do not ever have to have another cavity in this country
and at a minimal cost. He felt a lot depends on the teachers, it is to
make dental health a part of their classroom program.
~7ote on motion.
AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke
NOES: Supervisor Winston
P4otion carried.
51 ~.
SHERIFF TO F[3RTfIER CHECK WITH AUDITOR ON TOWN OF PARADISE CONTRACT FOR
LAW ENFORCEMENT
There was discussion held on the concepts, short and long term
ramifications for a contract for law enforcement for Town of Paradise.
Chairman Lemke questioned if they should discuss this as it was
just a proposal and the Town of Paradise had made no decision at their
meeting on Wednesday,-
Supervisor Winston questioned when they made the proposal did
they check with the Auditor and Administrative Officer that the figures
were correct.
Lt. Mick Grey, sheriff department, stated yes they had. There
was concern regarding insurance as the county is self insured.
DTolan Hyde, auditor's office, stated Lt. Grey did spend some time'.
with the Auditor. Mr. Johansen felt when Paradise begins to negotiate or
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April 1, 1980
80-
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April 1, 1980
accept the proposal the Auditor will go into more detail.
Chairman Lemke noted the negotiations will require the Auditor
and the Administrative Officer. He felt they were jumping ahead by holding
general discussion at this time. He was concerned that there be no cost to
the county.
Supervisor Winston questioned the short term contract whether it
be three months or one year there would be an increase in personnel. They
do have fiscal problems. That it be. understood by the Sheriff's Department
that at the end of a short term contract the personnel would be layed off.
Undersheriff Stenberg noted the proposal was for two years.
512
Hal Nelson, Town of Paradise manager, stated the main concern
is cost. He understood the costs were preliminary, if it would be a
significant amount such as from $650,000 to $750,000. He felt 5-10% was
reasonable. They are concerned that when they get down to the wire at the
end of the three month period that the Board would not accept the contract
and there would be no other area to go to for law enforcement.
Supervisor Dolan questioned if the costs of termination had been
discussed or included, such as retirement.and unemployment costs.
Chairman Lemke stated with the concerns voiced today for the
Sheriff to get back with the Auditor and go over these areas they have
discussed. Termination costs and insurance so the Town of Paradise is not
in the dark.
Supervisor Winston could not understand why the Board was not
consulted about this previously. Now it is after the fact. They are a
policy making board and it should be their only function.
Mr. Hyde stated he felt Lt. Grey was just trying to get the
figures together to present a proposal to Paradise in a general fashion.
The reason they did not go further into the facts was that Chey could be
inflationary.
Undersheriff Stenberg stated they had meet with Mr. Mickelson
and Mr. fiaekle several months ago. Apparently they were in error.
Mike Pyeatt, assistant administrative officer, stated the infor-
mation had been sent out last week to the Supervisors. Before the project
goes too much further the figures will be tied down. There will be no
contract before it comes back .to the Board. All areas will be covered.
Chairman Lemke questioned if any of the Board members had objections
to the proposed contract with the Town of Paradise with the knowledge that
additional personnel held to the concept it be at no cost to Butte County.
The matter will come back to the Board with the revisions.
APPROVED GENERAL ASSISTANCE MANUAL AMENDMENT TO EXPAND WORK SEARCH REQUIRE-
MENTS TO INCLUDE ARMED FORCES
There was a motion by Supervisor Winston, seconded by Supervisor
Wheeler, that the General Assistance Manual amendment->to~expand work search
requirements to include armed forces be approved.
Supervisor Dolan wanted the record clear that this was single
people or people without children. They are on general assistanee for short
periods. It will not be mandatory for an individual to sign up. She was
concerned about a report of armed services personnel applying for food stamps.
Page 314.
April 1, 1980
April 1, 1980
80-
Bob Crisan, welfare director, stated in addition to farm labor
departments they are to make themselves available for the armed services
information, It will be for single individuals who are employable, If
there are children they are placed on the AFDC program.
Vote on motion:
AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman
Lemke
Motion carried.
513
RECESS: 10:00 a.m.
RECONVEATE: 10:18 a.m.
CLOSED HEARING: LEE COLEY - [~TYNOKA HOMES, GED'ERAL PLAN LAND USE MAP
AMENDMENT TO CHANGE FROM LOW DENSITY RESIDENTIAL DESIGNATION TO AN INDUSTRIAL
DESIGNATION, AP 36-20-7, 27 AND 28, OROVILLE
The closed hearing for Lee Colby - Wynoka Homes, General Plan
Land Use Map amendment to change from low density residential designation
to an industrial designation, property located on the east side of Lincoln
Boulevard 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, negative declar-
ation adopted February 26, 1980, was held at this time.
Chairman Lemke stated there was a request from the Planning
Department to continued this hearing to June 10, 1980 at 10:00 a.m.
Supervisor Winston stated he had noted PIr. Colby in the audience,
had he been contacted as to the postponement..
Bob Gaiser, planning department, indicated there was nothing in
the file to indicate he had been contacted.
Supervisor Winston stated even though Mr. Colby was aware of the
fact they would like to compromise the three changes to the General Plan
Land Use Element. He would like Mr. Colby to be notified as to the reason
for the continuance.
Mr. Gaiser indicated the rezone would be done by July and the
Board has indicated their intent to go along with this with no further
delay in the process.
The continued hearing was held over to June 10, 1980 aC 10:00 a.m.
514
APPROVED PUBLIC WORKS ITEMS
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following •Public Works items were approved:
1. Approved the final Oaks Town and Country Subdivision Unit 2
Map, accept public utilities easements and drainage easements as shown on
the subdivision map and offered for dedication, and authorize the Chairman
to sign the subdivision agreement.
2. Accept improvements for Northwood Commons Planned Unit Develop-
ment Phase II and III, authorize release of performance and labor and materials
bonds, and begin the one year maintenance period was approved.
3. Authorize the Auditor to issue a warrant in Che amount of
$700 to the Department of Water Resources for easement across the lands
Page 315.
April 1, 1980
April 1, 1980
80- needed for construction of Table Mountain Boulevard Bridge at Feather River
'~ and forward to the Department of Water Resources was approved,
4. Approved release of drainage deposit on Richard Hammersmith
parcel map in the amount of $3,544, Graham Road, Paradise, upon completion
of the aspha-lt dike and. paving as requested,
515 PUBLIC WORKS DIRECTOR TO ADVISE RESIDENTS OF BANGOR ,PARK CUTOFF ROAD PETITION
OF BOARD'S FEELINGS
The Public Works Department had received a petition containing 15
signatures requesting improvements for the Bangor Park cutoff road,
Clay Castleberry, public works director, indicated he recommended
that the County -would not be in the position in the near futurE~to pave the
road due to reduced funding. If the committee wanted that level of change
the County would help them to form an assessment district.
The Board was in agreement that the Public Works Director should
relay the message to the petitioners if they wished to raise the level of
improvement the County would help them to form an assessment district.
516 HOLD FOR ONE WEEK FORT?IER DISCUSSION OR POLICY DIRECTION ON S[dEDES FLAT ROAD
AND HURLTON-SWEDES FLAT ROAD IPIPROVEMENTS
Clay Castleberry, public wnrks director, stated he had been out to
the Swedes Flat Road and Hurlton-Swedes Flat Road and it did look a little
better because the maintenance>crews had done some work. It was a difficult
road to maintain. He was concerned about funding for further work coming
from the road reserve.
Supervisor Winston stated Mr. Pierce had asked him if he had
changed his mind regarding the road and he had indicated no. He was concerned
about .the funding for the Meridian-Plunjar area drainage problems, Supervisor
Winston indicated that three years ago there had been a meeting in the
Bangor area which Supervisor Moseley, Mr. Castleberry and himself had attended.
At that time Mr, Pierce had indicated they would see that he was no longer in
public office, he considered this a threat. He does not respond to threats.
A previous request for labor and materials had been turned down. The people
have been told it is a County maintained road.. There were no problems with
the road until the rainy season. Supervisor ?dinsCon noted Les Pryde; when
he was on the Board, had stated these problems would occur. That future
Boards would be obligated to spend funds and it would increase the value of
the lands. He noted Butte County consisted of 230,000 individuals and these
people should take care of it themselves. When he purchased his home the
price included the cost of a paved road.
Supervisor Moseley stated if it had not been for the reasonable
price on the land in that area many people would not have been able to
purchase it. They were not aware of the poor road conditions. She felt
the people were entitled to something. They had asked help from the
National Guard, the•~residents were there to help but the National Guard did
not come, They are not asking for that much. They want culverts, not paving
or gravel.
Mike Pyeatt, assistant administrative officer, indicated there
were previous projects approved which had used up the money available for
such projects in the road budget, They .had approved the Table Mountain
Bridge.
Supervisor Dolan suggested holding over until next week a vote
on the matter as she and Supervisor Wheeler were to-visit the area on Thursday.
The matter was held over~for one week.
Page 31 G.
April 1, 1980
April 1, 1980
80- 517 FOLD OVER FOR FURTHER REVIEW THE MASTER DRAINAGE PUNS FOR MERIDIAN-MUNJAR AREA,
b ?.OCK CREEK FLOOD DIVERSION FEASIBILITY PLAN
A report on master drainage plans for the Meridian-Munjar area,
Rock Creek flood diversion feasibility plan, Upper Mud Creek (Rock Creek to
Sycamore east of Highway 99) and return of drainage deposits that were in
excess of those recommended by the master drainage plans held at this time.
Clay Castleberry, public works director,,stated it is a good plan
for the future. It consists of two master drainage plans. Jon Anderson,
engineer, prepared the proposal.. It is a long time in the future. The hold
up is the matter of the impact report. It will cost $10,000 for contracting.
He did not understand why when they had a project where there is no objection
they could not have a negative declaration. Ile could not see what could be
contained in the environmental report.
Earl Nelson, environmental review director, stated he agreed the
project was very beneficial and he will cooperated to expedite them. The
};roblem was CEQA and the laws they are governed by. The changes would be
the improvements on the ground, tree removal .disturbance of earth that
could effect rare plants. You might disagree that it is 'significant or
insignificant. They look and prepare a written report and the hearing process
that is all that needs to be done. The law is written they can not make a
determination until they look at it and see. There may be rare plants in the
neighborhood. The report on the 6,000 acres in the area of Cohasset to Hwy.
99 and Rock Creek south report is near completion, This was a request of the
Board at a cost of $5,000 and is applicable to this project. It will enable
Chem to proceed to the Keefer Road project. The $10,000 are for the South
Chico and Gridley EIR's. The Board requested they do it in-house. They try
to cooperate but there are staff limitations within the law. If they do not
follow the law they are liable for law suits. This Meridian-Munjar project
aas referred to them last Friday.' The Thermalito drainage project is on a
list, it could be contracted out.
Supervisor Winston stated 10-15 years ago a study was made and it
s sized up that it included the Meridian-Munjar. A determination was made
ere was capacity and iC should have been built. Even though Mr. Nelson
s guided: them down the road very carefully they have been sued.
Mr. Nelson suggested they take the time to do the initial study and
f possible to incorporate the information. In the case of the Thermalito
roject there was a narrow bridge on Oro Dam and the development would exceed
ignificant effect. LAFCo had made this finding. He felt they had a respon-
ibility to the law.
Mr. Castleberry stated sometime ago they brought the Thermalito
tudy before the Board and possibly 500 additional lots on the tentative
lap and the Board accepted it as a guide. They did not adopt it they
ccepted it~and it cvas used as a guide to adopt an ordinance. Mr. Castleberry
tated.County Counsel's office would .not like them to accept it. The people
re filling in the drains.
The Meridian-Munjar area master drainage plan is to be held aver
the initial environmental review.
518 UBLIC HEARING: BUTTE COUNTY DEPARTMENT OF PUBLIC WORKS., PROPOSED NEGATIVE
ECLARATION AND PROJECT DECISION, BAGGETT-PALERMO ROAD RELOCATION, KUSEL ROAD
0 .8 MILE SOUTH (PROJECT N0. 18485C-79-1)
The public hearing on the Butte County Department of Public Works
roposed negative declaration and project decision, Baggett-Palermo Road
elocation, Kusel Road to .8 mile south (Project No. 18485C-79-1) was held
s advertised. Page 317.
April 1, 1980
April 1, 1980
80-
Earl Nelson, environmental review director, stated this road crosses
the Western Pacific Railroad and goes up the west side of the railroad to
Ophir Road, keep on the east side of Pacific Railroad and to the Southern
Pacific right of way. They did not find any thing.; They recommend a
negative declaration.
The hearing was open to the public. Appearing: no one.
The hearing was closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, finding that the 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, authorized proceeding with the project to relocate
Daggett-Palermo Road, Kusel Road to .8 mile south.
519 ~'UBLIC HEARING: LEON E. MAYER, DRAFT ENVIRONMENTAL IMPACT REPORT AND REZONE
i~ItOM "A-2" (GENERAL) TO "RT-1" (SINGLE FAMILY RESIDENTIAL - MOBILE HOME),
?ROPERTY LOCATED ON THE NORTHWEST CORNER OF MT. ZDA ROAD AND WYANDOTTE
IINERS RANCH ROAD, AP 72-09-09, OROVILLE
The public hearing on Leon E. Mayer, draft environmental imgact
eport and rezone from "A-2" (general) to "RT-1" (single family residential -
obile home), property located on the northwest corner of Mt. Ida Road and
dyandotte Miners Ranch Road, identified as AP 72-09-09, Oroville was held
s advertised.
Bob Gaiser, planning department, stated the Planning Commission
t the Board's request did hold a proposed hearing and were not able to
ake a decision. The Planning Cammission have set Thursday to visit the
ite. Staff would like the Board to continue this hearing.
The Leon E.. Mayer hearing is to be continued to April 29, 1980
t 10:45 a.m.
520 CCEPTED THE MASTER DRAINAGE PLAN FOR PARADISE AND REFERRED LT TO THE TOWN
F PARADISE
Clay Castleberry, public works director, stated he had just received
~he master drainage plan for Paradise which the Board had authorized about
wo years ago. Mr. Castleberry was proposing that the Board to accept it
nd then turn it over to the Town of Paradise. The costs have been brought
~p-to-date.
On motion of Supervisor Ldinston, seconded by Supervisor Dolan and
nanimously carried, the master drainage report for Paradise was accepted and
~eferred to the Town of Paradise.
521 ISCUSSION: RR: FEDERAL FREEZIPIG OF FUNDS FOR BAGGETT-PALERMO-ROAD RELOCATION
Clay Castleberry, public works director, stated the federal govern-
ent had placed a freeze on the funding for the Haggett-Pal-ermo Road relocation
roject which was approved by the Board previously during the meeting. They
re not sure where they will get the funding.
522 pISCUSSION: RE: CONTRACT PUBLIC WORKS SERVICES FOR TOWN OF PARADISE
,Clay Castleberry, public works director, stated sometime ago Mr.
aekle-and_.Mz: Nickelson had requested the county to perform some contract
ervices to submit to the Town of Paradise on a study of Public Works.
r. Lee Platter came to him and asked for information. One of the requests
'n his letter was to have the Town Council consider asking our staff to
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April 1, 1980
April 1,-1980 -_ _-- ------__-__
I
80- administer the Paradise Express. The Auditor and his staff came up with
~ a reasonable estimate. He plans to reduce his staff this next year, the
decision will be made soon. Mr. Castleberry indicated they contract with
the City of Biggs for inspections and the City of Oroville for the sub-
division process fees. If Paradise is not comfortable with the contract
that would be fine.
Chairman Lemke felt the process to provide services would be best
on a contract. The contract should very well be spelled out as far as
ending contract costs or any. other concerns of the Auditor's Office regard-
the accurate figures. With no costs to the county for either Public Works
services or the Sheriff's services. '
523 APPEARANCES: CARL YOUNGDAHL - ADOPTED INTERIM ORDINANCE 2090 RE: FIANT
REZONE IN OROVILLE
Carl Youngdahl, Paradise. A1r, Youngdahl spoke regarding the
Burl D. and Patricia A. Fiant rezone to "AR-MH" on AP 34-07-113 & 114,
Oroville which was denied at last weeks meeting by the Board,
Mr. Youngdahl set out the background on the Fiant rezone. Iie
indicated a case where several years ago a similar problem had occurred.
Mrs. Fiant was present last week but was not sure of the process that was
going on.
Mrs. Fiant, Oroville. Mrs. Fian.t set out the background on the
reason for requesting the rezone. She had talked her mother-in-law~into selling
her home in Arkansas and moving to California.She is in poor health, there
is a problem with her heart. When the mobile is no longer needed it will
be given to a daughter in Eureka. '±hey felt after the Planning Commission
approved it the Board would also approve the rezone. The only person who.
objected at the Planning Commission meeting has learned the correct reason
for the rezone and was now in favor. There has been a large expense. They
tried to purchase a modular home.- Due to the mother-in-law's poor health
it is important that they get her settled as soon as possible.
Mr. E11is Foster, Oroville. Mr. Foster stated he was the only
person to appear in opposition to this proposed change. It is acceptable
to him he feels it should be approved. The Fiant's have 10 acres. He would
urge the Board to pass some type of "Aunt Minnie".
Supervisor Dolan stated they had directed the Planning Commission
to look into a change of zoning to accomodate this in all residential zones,
Supervisor Winston stated he had no objection. It was unfortunate
they are dealing with a permanent zone change. They cannot approve a "Aunt
Minnie" in any residential area, only where mobile homes are allowed, He
questioned if a use permit could be issued.
Del Siemsen, deputy county counsel, stated they could adopt an
interim zone while they are studying the zone changes. They could amend the
zone that exists. There are procedures for changing interim zones to only
allow on existing_.zones.They would have to go through a hearing process.
Supervisor Winston iud~aJ;ed he had talked at length with the
Planning Director regarding the Lyle D. and Cora Les Phillips denied rezone
which is on the agenda today. It is a similar problem. There are many
factors being taken into consideration in July. If they placed an interim
zone they would have the right to extend it or to reconcile it with the
legislation from the state or in our own ordinance.
On motion of Supervisor Dolan, seconded by Supervisor Winston and
°,.
unanimously carried, that an i~b'e~°im zone, Ordinance 2090, to "AR-MH-3"
Page 319.
April 1, 1980
April 1, 1980
80-
b
(agricultural residential - mobile home - 3 acre parcels) on AP 34-07-114,
for a period of 120 days was adopted finding it is in the best interest of
the health and welfare and safety of the public was adopted and the
Chairman authorized to sign.
Mr. Youngdahl invited the Board to see the mobile homes and
Toted that they. look like houses. They are reasonably priced.
Mr. Siemsen stated the I'iant's would have to check with Public
Health and meet the requirments for placing the mobile on the property.
524
APPEARANCE: ED BROWN - SUPPORT SB 1913
Mr. Ed Brown, Assessor. Mr. Brown spoke in regards to change of
ownership in real property. It must be reported within 45 days. If it
is not reported he must place a penalty of $100 or 10% of the property
value. Eighty percent of the people report the information previously and
they could use this information as a guideline for the twenty percent.
There will be a lot of people coming to the Board to complain. There is
Senate Bill 1913 being introduced that requires this information at the
time the document is recorded that the change of ownership statement be filed
and if they do not they will be fined. He was here to ask the support of
the bill by this Board. If the ownership change is not submitted there is a
lengthly clerical process. The Assessor submitted a copy of the proposed
bill and of the notice.
On motion of Supervisor Edinston, seconded by Supervisor Dolan and
unanimously carried, this Board go on record in support of SB 1913.
525
REPORT TO THE BOARD REGARDING DENIED REZDr?E OF LYLE D. AND CORA LEE PHILLIPS
There was a report to the Board concerning the denied rezone (item
not subject to environmental review) of Lyle D, and Cora Lee Phillips, from
"A-R" (agricultural - residential) to "AR-MH" (agricultural residential -
mobile homes), property located approximately 200 feet east of 7th Street,
approximately 360 feet north of Feather Avenue, identified as AP 31-282-33,
Oroville at this time.
Chairman Lemke noted there was not a firm solid vote for denial
by the Planning Commission, he felt it was due to the vote on the Fiant rezone
the previous week.
526
SET PTTBLIC HEARING DATES
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, Resolution 80-65, Resolution 80-66 and Resolution
80-67 were adopted setting public hearing dates on the following abandonments
and the Chairman authorized to sign:
1. Resolution 80-65 adopted setting the li.. W. McCall abandonment
of public utilities easement and the recreational easement for Unit 5,
Paradise Pines .Lots 85, 86, 106, 107, 108, 109, 110 and 111 public hearing
date for May 6,.1980 at 10:00 a.m.
2. Resolution 80-66 adopted setting the Gerald Geist abandonment
of the public utilities easement, Lots 34, 37, 39, 40 and 41 of Paradise
Pines Unit No. 15 public hearing date for May 6, 1980 at 10:00 a.m.
3. Resolution 80-67 adopted setting the Al Pelletier abandonment
of public utilities easement and recreational easement, Lot 306, Unit 4,
Paradise Pines Country Club public hearing date for May 6, 1980 at 10:00 a.m.
527
PUBLIC HEARING DATES SET
A public hearing date was set for April 22, 1980 at 10:45 a.m.
for consideration of the Southern~Pacific Land Company rezone (item not
Page 320.
April 1, 1980
April 1, 1980
80-
subject to environmental review) from "A-2" (general) to "TP-160" (timber
perserve - 160 acre parcels), property located on the north side of Big
Bend Road, approximately one mice east of Bunker Rill Mine Road, north of
Oroville.
2. A public hearing date was set for April 22, 1980 at 11:15 a.m.
for the William T. Burch consideration of proposed negative declaration and
rezone from "AR-5" (agricultural residential - 5 acre parcels) to "PA-C"
(planned area - cluster), property located on the southeast corner of State
Highway 32 and Forest Ranch Road, identified as AP 63-18-02 (portion), Forest
3. A public hearing date was set for April 22, 1980 at 11:30 a.m.
for the Stephen C. Burton consideration of negative declaration and rezone
from "A-2" (general) to "SR-1" (suburban residential - 1 acre parcels},
property located on the north side of Keefer Road, approximately 600 feet
east of State Highway 99, identified as AP 47-46-1 and 6, north of Chico..
528 SUPERVISOR MOSELEY INTRODUCED HER GRANDCHILDREN
Supervisor Moseley introduced her grandchildren~to the members
of the Board.
529 HOLD FOR ACTION UNTIL MORE INFORMATION IS RECEIVED REGARDING SB 1627 (KEENE)
There was discussion regarding Senate Bi11 16.27 (Keene) relating to
public projects and their conformity to the general plan.
Supervisor Winston stated he had read the bill several times and
t was unclear to him what was going on. He questioned if the major change
ould be by review of the Planning agency of public works projects or at
he Planning agency at the local level.
Bob Gaiser, planning department, staked it was the local Planning
gency. One-thing that Baas not clear is there are already provisions in
he government code by the Planning Commission, It revises the changes
nd the type of projects that are exempt. He felt it was but a change.
here is a requirement for all public agencies to submit projects to the
ounty. The matter of Planning and Public Works are now existing requirements.
Supervisor Dolan stated there are not existing requirments where
can have a hearing to render the General Plan implementation.
Mr. Gaiser stated he would contact Senator Keene's office and
ome back with a comment analysis.
530 OPTED RESOLUTION 80-68 REGARDING DIAMOND ?NTERNATIONAL CORPORATION ABANDON-
_ ENT OF EXISTING SUBDIVISIONS TO REVERSION TO ACREAGE
On motion of Supervisor Dolan, seconded by Supervisor Winston and
nanimously carried, Resolution 80-68 initiating reversion to acreage the
iamond International Corporation property was adopted and the Chairman
uthorized to sign.
531 IELD OVER FOR ONE WEEK THE APPOINTMENT TO THE .EMERGENCY MEDICAL SERVICES
COMMITTEE - PUBLIC MEMBER
Held over for one week the appointment to the Emergency Medical
ervices Committee - Public Member.
532 PPROVED APPOINTMENT TO CITIZENS ADVISORY COMMITTEE ON DRUG ABUSE AND ALCOHOL
VISORY BOARD
On motion of Supervisor Moseley, seconded by Supervisor Dolan and
nanimously carried, the appointment of Mr. Pat Walters to the Citizens Advisory
ommittee on Drug and Alcohol Advisory Board was approved.
Page 321.
April 1, 1980
80- 533
April 1, 1980
COMMUNTCATTONS
Bachman & Associates, Chico. The engineers, on behalf of Clarence Wood,
request that the.pnblie hearing for appeal of conditions on a
parcel map scheduled for April 15 be rescheduled. To be continued
to April 22, 1980 at 11:45 a.m. on April 15, 1980.
Ron Graves & Associates, Oroville. The engineers, on behalf of Greg
Hubbard, appeal the Planning Commission's denial of negative
declaration and use permit for a 48 unit mobile home park on
property zoned "A-2", AP 25-23-68, west side of State Highway 70,
south of Palermo Road, Oroville. Set for public hearing on
April 29, 1980 at 10:15 a.m.
Reverend Benjamin D. Olsen, Oroville. Reverend Olsen writes concerning
problems encountered with regard to processing of an environmental
impact report and use permit for the Church of the New Name.
Referred to Planning Department.
co Visitor and Convention Bureau. The bureau writes requesting Board
of Supervisors support for nomination 'of Bidwel'1 Rivex Park and
Visitor Center for Bigwell Mansion should Proposition 1 be
approved by the voters. See motion following communications.
ly Service Association of Butte and Glenn Counties. The organization
writes requesting consideration be given to allocating $7,500
in revenue sharing funds. To be considered at budget time.
Offices of Frederick J. Weitkamp, Granada Hills. The attorney writes
requesting the status on their claim for excess sale tax proceeds
for AP 71-1-68, AP 71-1-84 and AP 71-1-70. lIandled earlier in
the meeting.
lade and Leclerc, attorneys at law. The attorneys, on behalf of Midvalley
Title and Escrow Company, file a claim totalling $406,103.86,
including $250,000 in punitive damages as a result of alleged
breach of agreement and judgement relating to Superior Court
Case No. 63629. County Counsel to report back to the Board.
fate Department of Mental Health. The department writes forwarding information
concerning regulations emphasizing the composition of mental health
advisory boards to reflect population characteristics of the
county. Referred to Mental Health.
epartment of Health, Education, and Welfare. The department writes
reflecting final action on the Head Start audit report for Grant
No. H-7057-M (January 1, 1978 through December 31, 1978). Information;
no action taken.
Lee Phillips, Oroville. Mrs. Phillips appeals the Planning Commission's
denial of rezone from "A-R" (agricultural - residential) to "AR-MH"
(agricultural residential - mobile homes), property located approx.
200 feet east of 7th Street, approx. 360 feet north of Feather
Avenue, AP 31-282-33, Oroville. Hearing date was set for April 29,
1980 at 10:15 a.m.
). R. Roper, civil engineer, on behalf of Joe Escobar, Jr, appeal the
Advisory Agency's::denial of proposed conditional negative declaration
and tentative parcel map, AP 73-14°03, two parcels on the east side
of Oroville Forbestown Road at Weiss Hill Road in the Forbestown
area. Hearing set for April 29, 1980 at 10:30 a.m.
Page 322.
April 1, 1980
April 1, 1980
80- 534 MOTION IN SUPPORT OF BIDWELL RIVER PARK AND VISITOR CENTER FOR BIDSdELL
b MANSION
______ Mike Pyeatt,.as,s'istant administrative officer, stated it has been
the Board policy not to endorse propositions that would have state wide
impact. If they give their support to the local agency it could be used
in support of the legislature.
On a motion by Supervisor Dolan, seconded by Supervisor Wheeler
to support the Bidwell River Park and Visitor Center and to be funded if
Proposition 1 passes.
Supervisor_Winston stated he had no objection t.o Bidwell Mansion
and Park but he resented any part of a public expression of funds.
Supervisor Wheeler questioned if they could support the project
by the Board but it was not to be used in any form as a support of Prop-
osition 1.
The motion was amended to read: This Board be in support of
Bidwell Center for Bidwell Mansion proof.of which is_that all.the`Mansion
being historical monument recreation approved under Bidwell River project
im rpvemB t of Sacramento River without any wording regarding Propositon I
an~ it wi~i be very supportive.
A letter is to be written to Mr. Radke advising him of this Board§
action and they have approved their project. '
Vote on motion:
AYES: Supervisors Dolan, Wheeler and Chairman Lemke
NOES: Supervisors Moseley and Winston
Motion carried.
Mr. Pyeatt indicated the letter would state they indicate it is
a worthy project but not to be either pro or con and the Chairman is to
sign the letter. There is no document to present to the Commission in
Sacramento.
535 ADDITIONAL MATTERS BY BOARD MEMBERS
Supervisor Wheeler indicated she had received a letter from an
individual in Cohasset who is being taxed on more property than he actually
owns and it has been going on since 1977. She would like the Assessor and
Tax Collector to look into this matter and take immediate action.
Supervisor Wheeler indicatedshQ had parked illegally when she
came to attend a Data Processing meeting and had received a card notif3~ing
Iher that she was parked illegally. She had parked next to the Assessor.
Supervisor Wheeler announced that Mike Pyeatt, assistant administrative
officer and his wife had a baby boy, 8 lbs. and was named Thomas.
Supervisor Moseley stated they had received a copy of a letter
from Madera County Tax Collector-Treasurer and his assistant praising the
service of the Data Processing Center. She felt this was due to the efforts
of Supervisor TJheeler.
Chairman Lemke indicated he had been contacted by Bill Press,
Citizens to Tax Big Oil wanting support of Proposition 11. The Board does
not wish to take a stand.
Pale 323.
April 1, 1980
April 1, 1980
80- ADJOURNMENT
~ There being nothing further before the Board at this time, the
meeting was adjourned at 11:55 a.m, to reconvene on Tuesday, April 8, 1980
at 9:00 a.m.
ATTEST: .CLARK A. NELSON, COUNTX CLERK-
RECORDER and ex-officio Cle
of the Board of Supervisors
Chairman, Board of Supervisors
ay
Page 324.
April 1, 1980