HomeMy WebLinkAboutM050179May 1, 1979
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OF CALIFORNIA )
SS.
OF BUTTE )
The Board of Supervisors met at 9900 aomo pursuant to adjournment.
Present9 Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke.
Clif Mickelson, administrative officer; Dan Blackstock, county counsel; and
Clark A, Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
APPROVAL OF MINUTES
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, the minutes of April 24, 1979 were approved as
mailed with the correction to minute order 79-664, page 267, line 3 from
the bottom to reflect convinced instead of convenienced.
AWARD BID
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, the bid for the annual fire and tube contracts
for the Oroville and Chico areas was awarded as follows:
Oroville Tire Service - Oroville
C & L Tire - Chico
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DECLARE TREES AND STUMPS SURPLUS AND AUTHORIZE PURCHASING OFFICER TO
ADVERTISE FOR SALE
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, fifteen dead trees and stumps located in the Chico
area were declared surplus and the Purchasing Officer was authorized to
advertise for sale as follows: Route 1, Sox 12, Santa Clara Avenue (black
walnut stump); north end of Dixon and W. 12th Avenue (3 English walnut
trees); 700 Sequoyah Avenue (black walnut stump); 1340 Palm Avenue (black
walnut tree); corner of Arbutus and East Lindo Avenue (black walnut tree);
and corner of Oak Park and Rose Avenues (8 English walnut trees).
DECLARE EQUIPMENT SURPLUS AND DONATE TO BUTTE COUNTY SEARCH AND RESCUE UNIT
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried two motorcycles and a 10-foot aluminum boat which
represent unclaimed found property were declared surplus and donated to
the Butte County Search and Rescue Unit.
AUTHORIZE CHANGE FUND - SHERIFF
On motion of Supervisor Moseley, seconded by Supervisor Dolan'
and unanimously carried, a change fund in the amount of $50 for the Sheriff's
Chico civil office was authorized,
MOTION ON APPROVAL OF CONTRACT WITH RAPE CRISIS INTERVENTION AND ADOPTION
OF RESOLUTION. DESIGNATING THE SHERIFF AS PROJECT DIRECTOR WAS HELD-OVER TO
LATER IN MEETING
It was moved by Supervisor Wheeler, seconded by Supervisor Dolan
that the contract with Rape Crisis Intervention for the period July 1, 1979
to June 30, 1980 with the total cost being $27,700 (federal, $20,407;
state, $1,133; and local, $6,160) with Butte County's share being $800
be approved and the Chairman authorized to sign; Resolution designating
the Sheriff as the project director be adopted and authorizing funding
and submittal of application and the Chairman be authorized to sign.
Supervisor Winston stated that he would have to vote against the
motion. The Board would .be allocating money from the 1979-80 budget.
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Chairman Lemke stated that the reason for the request for the
$800 was so that the grant could be processed.. Rape Crisis do not want
the money to be authorized at the present time, Chairman Lemke asked
Counsel what type of liability would the Board have for the money?
Clif Mickelson, administrative officer, stated that the county
would not have to put the money up until the grant was awarded. The
problem is that the project is to start July 1, 1979. Sometime before
the project is started the county will have to come up with the $800.
He did not feel-that this was the best expenditure of funds. He did
not feel that the statistics justified this program. It is a policy
decision. There is quite a bit of CCCJ money that would be involved
in the program.
The motion held over until later in the meeting for a report
from Counsel on possible liabilitieso
715' ADOPT RESOLUTION 79-72 APPROVING GRANT APPLICATION FOR CHAPMANTOWN INNOVATIVE
GRANT PROPOSAL APPLICATION
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Resolution 79-72 approving Chapmantown innovative
j grant proposal application was adopted and the Chairman authorized to sign.
716 INSTRUCTED AUDITOR TO TRANSFER ESCAPED ASSESSMENT TO THE UNSECURED ROLL FOR
COLLECTION IN USUAL MANNER
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the Auditor was instructed to transfer the escaped
assessment for Marlene Lois Young, AP 31-13-15 to the unsecured roll in
accordance with Section 531.2 (1) of the Revenue and Taxation Code for
collection in the usual manner.
717 APPROVE CHILD HEALTH AND DISABILITY PREVENTION PROGRAM PLAN AND BUAGET FOR
SUBMITTAL TO THE STATE
: Dr. Svihus was present to discuss the Child Health and Disability
Prevention Program at this time. This is a separate client program that
can be operated in doctor offices and clinicso They are also working with
school nurses. The school must handle their requirements with school
forms for the stated
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the Child Health and Bisability Prevention Program
plan and budget for submittal to the state was approved and the Chairman
authorized to sign.
718 APPROVE TREASURER-TALC COLLECTOR ITEMS
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following action was taken on the requests
for penalty relief and claim for refund of taxes paid:
1. Approved the request for penalty relief for Haphazard Meadows
for AP 61-23-003.
2. Denied the request for penalty relief for Debbie L. Thomas
for AP 05-32-003.
3. Denied the request for penalty relief for-Steve Silacci for
AP 04-18-7-001.
4o Denied the request for penalty relief for Lucian and
Juanita Knight for AP 40-21-1-0020
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May 1, 1979
5. Denied the request for penalty relief for Rudolph Sidasha
for AP 21-07-81, AP 21-07-82, AP 2i-13-4-001, and AP 21-16-006.
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6. Denied the claim for refund of taxes paid for Elbe W. &
Lela 3. Westfall for AP 34-61-060.
APPROVED PUBLIC WORKS ITEMS
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the following Public Works items were approved:
1. Approved right-of~way acquisition, agreement for sale for
Skyway 51261-77-1; authorized the Chairman to sign and authorized the
Auditor to issue a warrant upon demand of the county's escrow agent for
the following:
Ted Moring et al 0.223 Aco $2429 No Impr. Total $2429
2..Adopted Resolution 79-7~e: maintained road mileage within
Butte County and the Chairman was out orized to sign.
ADOPT RESOLUTION 79-74 APPROVE COOPERATIVE AGREEMENT COVERING TRAFFIC
SIGNALS @ OLIVE HIGHWAY AND FOOTHILL BLVD
Clay Castleberry, public works director, stated that for the
Olive Highway traffic signals he would be bringing back a transfer within
this year's budget. This is important to the community. One of the
projects will be funded by federal funds. There are two others that they
will be opening bids on. This project was budgeted but had to be transferred
out to another project,
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Resolution 79-74 approving the cooperative
agreement covering traffic signals at Olive Highway and Foothill Blvd
was adopted and the Chairman authorized to sign.
APPROVE 1979-.80 TRANSIT CLAIM
Clay Castleberry, public works director, set out the 1979-80
transit claim at this time. This relates to the Clipper systems and
there is enough money for the lift van for the Chico Clipper service.
The contractor has agreed and will provide-this service as he is doing
in Paradiseo There will have to be an agreement. This will allow for
the continuation of the Clipper services. Tf the Board decides that
they want something else after the hearings, the claim can be amended.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the 1979-80 transit claim was approved.
AUTHORIZE CLAY.CASTLEBERRY AND DEL STEMSEN TO SPEAK AT SENATE HEARINGS
RE: SB 1085 (JOHNSON) CONCERNING TRANSPORTATION PLANNING AND FUNDING
,Clay Castleberry, public works director, set out the background
of 5B 1085 (Johnson) at this time, This puts SB 325 litigation claims
in the same timeframe as environmental claims. The first action on
possible litigation has to be taken within 30 dayso
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, Clay Castleberry, public works director, and Del Siemsen,
deputy county counsel, were authorized to speak at Senate hearings
regarding SB 1085 (Johnson) concerning transportation planning and funding.
AYES: Supervisors Moseley, Wheeler,. Winston and Chairman Lemkeo
ABSTAINING: Supervisor Dolan.
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APPROVE NORTH PARK SUBDIVISION PHASE I FINAL SUBDIVISION MAP
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, North Park Subdivision Phase I (58 lots Godman
Avenue between Eaton Road and Lassen Avenue, Chico, AP 44-38-02) final
subdivision map was approved; public utility easements and drainage
easements as shown on the subdivision map and offered for dedication
were accepted; and the Chairman authorized to sign subdivision agreemento
ADDITIONAL MATTER PRESENTED BY PUBLIC WORKS
Clay Castleberry, public works director, asked the Board's
permission to attend the Paradise MAC meeting for advise regarding
two drainage proposals in the Paradise area.
Board's permission grantedo
ADOPT ORDINANCE 2019 REPEALING BUTTE COUNTY CODE SECTION 20.155 RELATING
TO UNDERGROUNDING CABLE TELEVISION: MOTION OF INTENT TO PREPARE AMENDMENT
FOR BOARD'S CONSIDERATION TO FRANCHISE AGREEMENTS WITH CABLE TELEVISION
COMPANIES SO THE COUNTY WILL NO LONGER CONTROL RATES AND EXAMINING THE
REQUIREMENT THAT ALL AREAS BE_SERVED '
The Board acknowledged the communication from Nor Cal Cablevision,
Inc. regarding the proposed ordinance at this time.
entirety,
Dan Blackstock, county counsel, read the ordinance in its
Supervisor Dolan stated that there is still the situation of
requiring that utilities by underground. There is a franchise and'a need
to serve people.
Mr. Blackstock stated that the reason that the franchise is
done is because the county is giving the cable television companies the
right to use the county right-of-way, The county charges PG&E for this
use.
Supervisor Winston stated that they are not dealing with
necessary utilities. The county is saying that you must provide television
services. Perhaps this could be changed.
Mr. Blackstock stated that the county is the same as the citieso
The county is giving some protection to the public in the sense that although
the companies are a monopoly by law and the county is not granting an
exclusive franchise. ~ a reasonable and practical matter they are.
Clif Mickelson, administrative officer, felt that the reason
that the Board also has a franchise is to keep the corporations that have
the monopoly from creaming off the best customers. They have been involved
several times with the television companies to force them to provide
services because they would not have provided them because they were not
going to make enough profit.
Mra Blackstock asked that any action the Board takes today
would be a motion of intent so that the proper resolution could be
brought back. He asked that any action on deregulation be coupled with
the agreement from both cable television organizations that the county
will get the regular franchise fee on the television show program. T[~is
would be additional revenueo He did not feel that there was any distinction
between the regular programing and the movie programs
Chairman Lemke felt that there was a distinction. The county
is collecting a fee for use of the right-of-way. He saw no reason for
governmene to come in and ask for an increase.
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On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, Ordinance 2019 repealing Butte County Code Section 20.155.
relating to undergrounding.cable television was adopted and the Chairman
authorized to sign. AYES: Supervisors Moseley, Wheeler, Winston and
Chairman Lemke. NOES: Supervisor Dolan.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, the Board made a motion of intent to prepare an amendment
for the Board's consideration to the Board's franchise agreements that the
county has operative so that the county will no longer control rates of
cable television and examining the possiblity of waiving the requirements
that all areas be served. AYES: Supervisors Moseley, Wheeler, Winston
and Chairman Lemke. NOES: Supervisor Dolan.
APPROVE RESPONSE TO ARB COMMENTS RE: NON-ATTAINMENT PLAN FOR BUTTE COUNTY
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the response to ARB comments regarding non-
attainment plan for Butte County was approved.
APPOINTMENT TO THE AGRICULTURAL ADVISORY COMMISSION (DISTRICT 5) -
CONTINUED TO MAY 8. 1979
The appointment to the Agricultural Advisory Commission (District
5) was continued to May 8, 1979.
APPOINTMENT TO THE GRIDLEY/BIGGS CEMETERY DISTRICT
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, James A. Farrar was appointed as a member to the
Gridley/Biggs Cemetery District.
CLOSED PUBLIC HEARING: SENATE BILL 31 - STATE BAIL-OUT FUNDS
The closed public hearing on Senate Bill 31 for State bail-out
funds was held at this time.
Clif Mickelson, administrative officer, stated that one of
the people who spoke at the hearing spoke to the fact that the county
had a windfall because of the funds. It fell to the county and all
participating districts in equal percentage. The question of whether one
was $400,000 and one was only $50,000 was a difference in size and taxing
ability prior to Proposition 13. This came from the losses of revenues
to the schools and to the County Library. He did not believe that anyone
can point to windfall and say use that to operate the libary and share all
of the bail-out monies with the specia'I districts. In addition, the Board
is in the business of the libary that is running out of money. It suffered
severely. The county is in the process of building two libraries in
Gridley and Chico. The Board does not have enough. money to build both,
to staff and put books and furnishings in those libraries. There have
even been requests for expansion in square footage. If the Board wants
to continue on with construction, with the exception of the flood control
for Public Works, he suggested that the Board put all of the bail-out
funds in the library because the county is going to need every cent next
year. The county is facing serious inflation on the budget and is far
outstripping the 27 limit on property taxeso The Board needs to analyze
distribution of this in light of a year from now.
Jim Johansen, auditor, stated that he did not have a great deal
to addo The picture financially next year for all local government is
going to be a bleak one. The determination of which functions of local
government are going to be able to continue and at what level apgears
it will be the responsibility of the Board. Beyond that, He did not know
a firm answer as far as dollars and cents. It will be a~judgmental matter.
Page 291.
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Supervisor Winston stated that he had. talked with several people
from special districts who have concerczs. He did not know if he had the
gicture completely. When the Board was setting in the hearing on the SB 154
they made allocations to different districts on the basis of need. No
budgets were short. He was under the impression that the allocation of
$50,000 to Feather River Park and Recreation Aistrict was going to make
things easier for them. As a result of the redistribution of funds,
Feather River Park and Recreation Bistrict is going to obtain additional
funds in the amount of $18,000 and if the apportionment in alternative
~~1 is used they will get an additional $31,000 and would have picked up
a total of $49,000 in additional funds. He know that the library was
completely funded last year.
Mr. Mickelson stated that this funding was subvention with
General Fund money prior to Proposition 13. Legally when the Board
did that they had to pay the money back in two years.
Supervisor Winston stated that the county is going to have
problems that they are not aware of. He did not like to call the re-
distribution a windfallo The audit said that the apportionments were
wrong, Tice Board is charged with making the determination as to critical
unmet needs. He was aware of the maintenance districts and the Board will
have to pay attention to themo As far as the library is concerned the
critical need is not as critical as a levee breaking. To avoid the misery
depending on the sudden closure of the library, the Board had better fund
the librarya
Chairman Lemke asked where the Library would be funded from
next year when only 1/3 of the allocation will be available.
Mr. Mickelson stated that he did not know. If the county builds
the new libraries, it will cost at least another $1 million for supplies
and staffing beyond the $1.5 million for construction.
Supervisor Winston stated that the library and departments had
better be thinking about what needs to be done. The Board is not going
to be able to fund them like last year.
Clay Castleberry, public works director, set out the work
that had been done on the maintenance districts. They did some work
last year. When the budget amounts came in at a fraction of what was
proposed, they have since stopped work'in almost all of those district.
There were problems last year. The primary one is the one the county
and the City of Chico maintain.
Supervisor Aolan felt that with the $130,683 allocation and the
$129,000 plus for the library approved last week there would still be a
shortage of $260,103 but it is more than alternative ~~2. The Board could
then give the additional money to the other districts.
Mr. Johansen stated that as a result of the re-evaluation of
the $4 tax rate there was $276,000 less than anticipated. The General
Fund and county functions received an additional $40b,000. The county
unit as a whole came out with net positive of $130;000. But in fact,
you are subtracting the $276,000 of the library shortage and this should
not be done. With the over $406,000 for the county, the library shortage
of $276,000 and $129,000 from bail-out in alternative ~~1 last week, from
the $223,000 take the additional $147,000 to fully fund from that and it
will still leave amounts going to other funds. In essence, you could
argue that this constitutes a transfer from the reserve for contingencies.
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Supervisor Winston stated that if the Board took the entire
$276,000 from the SB 31 bail-out funds it would leave $42 ,300 .to be
distributed. There is a problem with the Mud Creek maintenance
district in the amount of $10,000 or $11,000. That would still
leave. $31,000. He felt that the park and recreation needs are very
important. There is a problem about the library. The county thought
they were funded adequately and they were the victim of how the funds
were divided and distributed. This sits them apart and he felt that the
library situation could be treated differently than strict need basis
as outlined.
Jerry Hughes, Chico Area Recreation and Park District, stated
that the reason there is discussion of additional bail-out funds is
because many of the special districts spent hours of their time representing
special districts working with the Legislature to get the additionalfunds.
It is the efforts of the special districts throughout the state of
California that made this additional moneg~ available.
Yt was moved by Supervisor Winston that the libary shortfall
that was incurred by the audit be funded with $27b,080'from SB 31 bail-
out finding that due to misintrepretation of a formula it has placed the
library operation in a critical position whereby there is a critical
unmet need.
Motion dies for lack of a second..
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the library shortfall in the amount of $276,080 is to be
funded from SB 31 bail-out funds finding that due to the audit situation
over and above the control of this Board a critical, unmet need exists.
AYES: Supervisors. Moseley, Wheeler and Winston. NOES: Supervisor Dolan
and Chairman Lemke.
RECESS: 10:23.a.m.
RECONVENE: 10:32 a.m.
Chairman Lemke stated that the Auditor should be instructed
to come back with some kind of formula for distribution for the remainder
of the 5B 31 funds for next week. He felt that Mud Creek Drainage District
should be included.
Supervisor Winston felt that it was the responsibility of the
Board to make the decision and not the Auditor. Mud.Creek is approximately
$11,000 in the hole. As far as he was concerned the recreation districts
are pretty low on the priority list. He was concerned about the remarks
made by Dr. Hazeltine relative to 'mosquito abatement, They would be
entitled to $38,010 under alternative ~~1. They received about $22,000
under the re-audit. Supervisor Winston recommended that the Board only
consider the cemetery districts and mosquito abatement districts.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the balance of the 5B 31 bail-out funds be allocated to
Mud Creek, CSA 24 in the amount of $11,000 and the remaining $31,300 be
apportioned to Butte County Mosquito Abatement, Gridley-Biggs Cemetery
District, Paradise Cemetery District and Oroville Mosquito Abatement
District in direct proportion to the amounts allocated under alternative ~~1.
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke. NOE5:
Supervisor Dolan.
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May 1,_1979
- 730 PUBLIC HEARING: ROBERT AND LOIS DRUMM,-SR. - PETITION FOR VARIANCE TO
SECTIONS 19-10 AND/OR 19-12 OF THE BiTTTE_COUNTY,.CODE FOR PLAQEMENT,OF
A MOBILE HOME ON SAM LYNN WAY OROVILLE .AP 27-04-043. ZONING: A-5
The public hearing on the Robert and Lois Drumm, Sr. petitiDn
for variance to Sections 19-10 and/or 19-12 of the Butte County Code for
placement of a mobile home on Sam Lynn Way, Oroville, AP 27-04-043,
zoning: A-5 was held as advertised.
Lynn Vanhart, environmental health director, set out the
background of the petition. It is in order.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the petition for variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on Sam Lynn
Way, Oroville, AP 27-04-043, zoning: A-5 for Robert and Lois Drums, Sr.
was approved for a period of one year.
731 PUBLIC HEARING: JAMES A. .KENT - PETITION FOR VARIANCE TO SECTIONS 19-10
ANA/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON
NORD HIGHWAY, CHTCO, AP 44-28-20. ZONING: A-2
The public hearing on the James A. Kent petition for variance
to Sections 19-10 and/or 19-12 of the Butte County Code for placement of
a mobile home on Nord Highway, Chico, AP 44-28-20, zoning: A-2 ,was
held as advertised.
Lynn Vanhart, environmental health director, set out the
background of the petition. It is in order.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the petition for variance to Sections 19-10 and/or
I9-12 of the Butte County Code for placement of a mobile home on Nord
Highway, Chico, AP 44-28-20,zoning: A-2 for James A. Kent was approved
for a period of one year.
732 PUBLIC HEARING RICHARD MiLATZ -.PETITION FOR VARIANCE TO SECTIONS 19-10
AND/OIt 19-12 OF THE .BUTTE. COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON
DAYTON HUPP MILL ROAD. PARADISE, AP 65-09-06. ZONING: TM-5
The public hearing on the Richard Milatz petition for variance
to Sections 19-10 and/or 19-•12 of the Butte County Code for placement.•of
a mobile home on Dayton Hupp Mi11 Road, Paradise, AP 65-09-06, zoning:
TM-5 was held as advertised. -
Lynn Vanhart, environmental health director, set out the
background of the petition. There is a mobile home on the property at
the present time and the owner of the property wants to bring in another
mobile home, This property is zoned TM-5. A second dwelling is permissible
by use permit. The petition says this is for an uncle of old age.'
Hearing open to the public. Appearing: No one-
Hearing closed to the public and confined to the Board,
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On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the petition for variance to Sections 19-10 and/or 19-12 of
the Butte County Code for placement-of a mobile home on Dayton Hupp Mill
Road, Paradise, AP 65-09-.06, zoning: TM-5 for Richard Milatz was approved
for a period of one year o. AYES: Supervisors Moseley, Wheeler, Winston
a nd Chairman Lemke. NOES: Supervisor Dolan,
ADOPT RESOLUTION 79-75: PUBLIC HEARING: ABANDONMENT OF 6 FOOT PUBLIC
UTTLITX EASEMENT, IN BRENTWOOD SUBDIVISTON, BETWEEN LOTS 12 & 13,
AP 44-60-12 & 13 CHTCO
The public hearing on the abandonment of 6 foot public utility
easement, in Brentwood Subdivision, between lots 12 & 13, AP 44-60-12 &
13, Chico was held as advertised.
Bettye Blair, planning director, set out the background of
the abandonment request. This was heard by the Planning Commission
who .recommended approval.
Hearing open to the public. Appearing: No ane.
Hearing closed to the public and confined to the Berard.
734
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, Resolution 79-75 abandoning a 6 foot public
utility easement, in Brentwood Subdivision, between lots 12 & 13,
AP 44-60-12 & 13, Chico was adopted and the Chairman authorized to sign.
ADOPT RESOLUTION 79-76: PUBLIC HEARING: SHASTA ESTATES ABANDONMENT OF
3 FOOT PUBLIC UTILITY EASEMENT BETWEEN LOTS 14 .& 15 OF SHASTA ESTATES
SUBDIVISION, AP 44-59-46, CHICO
The public hearing on the abandonment of 3 foot public utility
easement between Iots I4 & 15 of Shasta Estates Subdivision, AP 44-59-46,
Chico was held as advertised,
Bettye Blair, planning director, set out the background ;of
the abandonment request. This was heard by the Planning Commission.
The Commission recommended a condition that relocation of any facilities
be at property owner's expense,
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, Resolution 79-76 abandoning a 3 foot public
utility easement between lots 14 & l5 of Shasta Estates Subdivision,
AP 44-59-46, Chico with the condition that relocation of~any facilities
be at property owner's expense was adopted and the Chairman authorized
to sign.
735 ~ PUBLIC HEARING DARYL AND JAN CLARK - APPEAL OF ADVISORY AGENCY'S DENIAL
OF TENTATIVE PARCEL MAP AND SETBACK REQUIREMENTS FOR AP 52-26-104, LOCATED
ON THE SOUTHWEST CORNER OF SUNBiJRST__DRIVE AND FILBERT STREET,. PARADISE
The public hearing on the Daryl and Jan Clark appeal of
Advisory Agency's denial of tentative parcel map and setback requirements
for AP 52-26-104, located on the southwest corner of Sunburst Drive and
Filbert Street, Paradise was held as advertised.
Lynn Vanhart, environmental health director, set out the
background of the appeal. The Board granted a variance to deal with the
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May 1, 1979
50-foot setback on the one parcel. The well is actually a 100-foot setback
and leach fields, The Board granted the variance back to the _50-foot
instead of the 100-foot setback. Now a parcel map has been filed to
divide the property at the creek line. A portion doe s.nat meet the
requirements to create a new lot. He £elt that the original variance
was for the septic and not the parcel map.
Earl Nelson, environmental review director, set out the
background of the negative declaration. There are no significant impacts.
He recommended a negative declaration.
Hearing open to the public, Appearing:
1. Cal Bachman, representing Mr. and Mrso Clark. Mr. Bachman
stated that he felt that Mr. Vanhart had explained the circumstances.
2. Daryl Cia`rka Mr. C1ark..stated that one of the requirements
of the subdivision was to get permission from other property owners for
approval. This has been d one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, finding the proposed project could not have a
significant effect on the environment, a negative declaration was accepted.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, finding that the proposed project is in the best
interest of the public and the County of Sutte.and in conformance with the
Genera L:-.Plan the appeal was upheld and the tentative parcel map for Daryl
and Jan Clark for AP 52-26-104, located an the southwest corner of Sunburst
Drive and Filbert Street, Paradise was approved sub,}ect_tQ the following
conditions:
1. Indicate a 50 ft. building setback from the centerline of Sunburst
Dr. and Filbert St.
2. Show ail easements of record on the final map.
3. Provide street name signs per requirements of the Department of
Public Works prior to recordation of the final map.
4. .Provide permanent solution for drainage.
5o Segregate or pay off any assessments.
6. Obtain encroachment permit for any new driveways.
7. Pay any delinquent-taxes.
736 ADOPT ORDINANCE 2020: PUBLIC HEARING: CHILDREN'S HOME SOCIETY - PROPOSED
NEGATIVE DECLARATION AND RE20NE FROM "A-2" (GENERAL) TO "TM-5" (TIMBER
MOUNTAIN - 5 ACRE PARCELS) PROPERTY LOCATED ON THE WEST SIDE OF ROBERT E.
LEE DRIVE, APPROXIMATELY 1/2 MILE NORTH OF ,STATE, HIGHWAY 32, IDENTIFIED
AS AP 63-11-1, CONTAINING 14 ACRES, MORE OR LESS, FOREST RANCH
The public hearing on the Children's Home Society proposed
negative declaration and rezone from "A-2" (general) to "TM-5" (timber
mountain - 5 acre parcels) property located on the west side of Robert E.
Lee Drive; approximately 1/2 mile north of State Highway 32, identified
as AP 63-11-1, conta9.ning 14 acres, more or less, Forest Ranch was held
as advertised. Page 296.
May' 1, 1979
79-
~;
738
739
740
------------ M~ 1, 1979- -------- _-
Generai Plan and compatible with the uses in the area the rezone from
"S-R" (suburban-residential) and "R-4" (maximum density residential
restricted services) to "R-3" (medium density residential) property
located on the east side of Almandor Circle, approximately 130 feet
south of East Avenue, identified as AP 48-081-2fi, containing 0.75
acres, more or less, Chico for Bruce Zillmer was approved; Ordinance
2021 was adopted and the Chairman authorized to sign.
APPEARANCE: LYNDA MORRISON
Ms. Morrison presented a petition for a four-way stop sign at
Oro-Bangor Highway and Myers Street., She would also like to see signs
and crosswalks at Myers and Lincoln.
.Public Works given petition and to meet with Ms. Morrison._
regarding this matter.
APPEARANCE: LOUIS CAMENZIND, JR.
Mr. Camenzind spoke regarding the proposed rezone of land on
Midway and Hwy 99E. As this rezone would affect the future as well as
a large number of neighbors the area should be studied and reviewed.
It appears that consideration is not being given on an equitable basis.
He questioned the number of signatures on the petitions presented.
There is a large number that do not live in the rezone area. There are
also several signatures that represent a lot of owners of small parcels
residing on Jones Avenue outside the rezone area. The area between
Oroville and Chico Highway was recommended for "A-5" zoning. There are
44 parcels in the area and 32 will be nonconformingo He questioned the
Board regarding the committee that was formed to study this matter.
Supe rvisor Winston advised Mr. Camenzind that this action was
before the Board a couple of weeks ago. There was a request for a
continuance. The Planning Commission was instructed to give priority
to planning problems in south. Chico area. He understood that they have
given priority and staff has made certain recommendations that will be
considered at the Planning Commission hearing tomorrow night.
Mr. Camenzind stated that he had been advised by the Planning
staff that he would not be able to speak at this hearing. He would like
to be able to speak and requested to be placed on the agenda and was
advised that the agenda had been made up. .Everyone is concerned with
preserving prime agricultural land. He recommended that the Midway and
property between be placed in "A-R° zoning because it is a natural
transition-fir taking place. He recommended that the west side of
Midway be zoned "A-160" so there would be no opportunity to sell 20 acres.
It would be nonconforming under the "A-5."
Bettye Blair, planning director, stated that the recommendations
of staff will be considered at the meeting. It will be the Commission's
decision whether to hold hearings. These are preliminary hearings.
ADOPT ORDINANCE 2022: PUBLIC HEARING: BURT C. LOWEN - PROPOSED NEGATIVE
DECLARATION AND REZONE FROM "A-2" (GENERAL) TO "PA-C" (PLANNED AREA-
CLUSTER) FOR PROFESSIONAL OFFICE COMPLEX ON PROPERTY LOCATED ON THE EAST
SIDE OF ESPLANADE, APPROX. 200 FT, SOUTH OF RIO LINDO ROAD, IDENTIFIED AS
AP 44-15-55 AND AP 44-17-07, 08 & 11, CONTATNTNG 3.83 ACRES, MORE OR
LESS, CHICO
The public hearing on the Burt C. Lowen proposed negative
declaration and rezone from "A-2" (general} to "PA-C" (planned area-
cluster} for a professional office complex on property located on the
e ast side of Esplanade, approximately 200 ft. south of Rio Lindo Road,
identified as AP 44-i5-55 and AP 44-17-07,08 & 11, containing 3.83 acres,
more or less, Chico was held as advertised.
Page 298. May 1, 1979.
79'-
3
May 1, 1979
Earl Nelson, environmental review director, set out the
background of the negative declaration. The north portion of .the property,
19 acres, is already "TM-5" zoning and the balance is zoned "A-2."
This would make the entire parcel conform to one zone. He recommended
a negative declaration. .
Bettye Blair, planning director, set out the background of
the rezone. This was heard before the Planning Commission. The recommenda-
tion came forward and is in conformance with the General Plan.
Hearing open to the public. Appearing; No one.
Hearing closed to the public and confined to the Board.
737
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, finding the proposed. project could not have a
signficant effect on the environment, a negative declaration was recommended.
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, noting the proposal is in conformity with the
General Plan and it would eliminate the "A-2" zoning the rezone from "A-2"
(general) to "TM-5" (timber mountain - 5 acre parcels) property located
on the west side of Robert E. Lee Drive, approximately 1/2 mile north of
State Highway 32, identified as AP 63-11-1, containing 14 acres, more or
less, Forest Ranch for Children's Home Society was approved; Ordinance
2020 was adopted and the Chairman authorized to sign.
ADOPT ORDINANCE 2021: PUBLIC HEARING: BURCE ZILLMER - PROPOSED NEGATIVE
DECLARATION AND REZONE FROM °S-R" (SUBURBAN-RESIDENTIAL) & "R-4" (MA%IMUM
DENSITY RESIDENTTAL RESTRICTED SERVICES) TO "R-3" (MEDIUM DENSITY RESIDEN-
TIAL) PROPERTY LOCATED ON THE EAST STDE OF ALMANDOR CIRCLE, APPRO%. 130 FT.
SOUTH OF EAST AVENUE, IDENTIFIED AS AP 48-081-26, CONTAINING 0.75 ACRES,
MORE OR LE55, CHIGO
The public hearing on the Bruce Zillmer proposed negative
declaration and rezone from "S-R" (suburban-residential) $nd "R-4"
(maximum density residential restricted services) to "R-3" (medium density
residential) property located on the east side of Almandor Circle, approx-
imately 130 feet south of East Avenue, identified-:as AP 48-08i-26,
containing 0>7S acres, more or less, Chico was held as advertised.
Earl Nelson, environmental review director,. set out the
background of the negative declaration. This would make the entire
property zoned "R-3o' It appears to conform to the property and the area.
Any impacts would be minor. He recommended a negative declaration.
Bettye Blair, planning director, set out the background of
the rezone. This was recommended for approval by the Planning Commission
and is in conformity with the General Plan.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, finding the proposed project could not have a
significant effect on the environment, a negative declaration was
recommended.
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, finding the proposal is in compliance with the
- Page 297.
May 1,1979
79-
d
_ _ _ May 1, 197_9_ _ _ _ _ _ _ _ _ _ _ _ _
Earl Nelson, environmental review director, set out the
background of the negative declaration. This is a proposal to build
22 office buildings". This would be a conversion from lumber to lighter
commercial uses. There is a variety of commercial uses along Esplanade
and Cohasseto The greatest environmental concerns were traffic and
drainageo SUDAD will accomodate this project. The drainage has been
taken care of. The roads in the area can accomodate the traffic increase
in the area. He recommended a negative declaration.
Supervisor Winston stated that he would excuse himself from
this hearing.
Bettye Blair, planning director, set out the background of
the rezone. This was heard before the Planning Commission and there
were 15 conditions-that will be made a part of the project as this is
"PA-C" zoning.. The only way. the project can be developed is to tie into.
the .city sewer.
Hearing open to the public. Appearing: Russ Croninger, Ringel
and Associates representing Mr. Loweno Mr. Croninger stated that this
is a 22 unit development. The density is fa:,l and the units are between
400 to 3,000 square feet.. About one-third of the property is in graen
belt. The General Plan shows retail commercial. The property is
adjacent to the sewer connection for the City of Chico.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, finding the proposed project could not have a significant
effect on the environment, a negative declaration was recommended.
AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke,
ABSTAINING: Supervisor Winston.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, noting a negative declaration is recommended and finding the
use is compatible with the area and in conformity with the General plan,
the rezone from "A-2" (general) to "PA-C" (planned area-cluster) for a
professional office complex on property located on the east side of
Esplanade, approximately 200 ft. south of Rio Lindo Road, identified as
AP 44-15-55 and AP 44-17-08, 08 & 11, containing 3.83 acres, more or less,
Chico for Burt C. Lowen was approved subject to the conditions listed
below; Ordinance 2022 was adopted and 'the Chairman authorised to sign:
1. Submit road and drainage plans to the Department of Public Works
for approval and install the required facilities
2. Indicate a 50-ft. building setback line from the centerline of
Rio Lindo Avenue and 55-ft. building setback line-from centerline
of Esplanade.
3. Deed 30 ft. .from the centerline of Rio Lindo Avenue to the County
of Butte.
4. Provide permanent solution for drainage,
5. A11 easements of record to be shown on the final map and approved
development plano
bo Meet requirements of City of Chico Fire Department or other respon-
sible agency.
Page 299.
May' 1, 1979
__________= May 1z~979=====____~_________
7. Street lighting shall be provided in accordance with Butte County
requirements accepted design criteria and recommendations of PG&E.
8. Segregate or pay off assessments.
9. File a tentative and final map and pay appropriate fees.
10. Curb, gutter and roadway construction and storm drainage shall conform
to City of Chico requirements.
11. Meet requirements of PC&E,_PT&T, California Water Service Company,
and Cable Television:..
12. On the two parking lots on the southeast corner of the property, .
the southerly end of the parking lots shall be delineated as turn-
arounds and not as access ways to the property to the south,
13. Provide domestic water service from an approved public water purveyor.
14. Provide sewer service from the City of Chico sewer'system.
15. Properly destroy the abandoned well on the property.
AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke.
ABSTAINING: Supervisor Winston.
741
PUBLIC HEARING: BUTTE COUNTY BOARb OF' SUPERVISORS -PROPOSED NEGATIVE
DECLARATION AND ORDINANCE (HOME OCCUPATION ORDINANCE) AMENDING CHAPTER 24
OF THE BUTTE COUNTY CODE TO ALLOW HOME OCCUPATIONS IN ALL ZONES ALLOWING
RESTDENTLAL USES
The public hearing on the Butte County Board of Supervisors
proposed negative declaration and ordinance (home occupation ordinance)
amending Chapter 24 of the Butte County Code to allow home occupations
in all zones allowing residential uses was held as advertised.
Earl Nelson, environmental review director, set out the
background of the negative declaration. Changes have been incorporated
into the ordinance he felt that have solved some of the environmental
viewpoints. If there are problems, the use permit process can be invoked.
On this basis, he recommended a negative declaration.
Bettye Blair, planning director, set out the background of
the proposed ordinance.
Chairman Lemke stated that this proposed ordinance came up
as a result of a lady who wanted to make trophy ribbons in her home.
The neighbor complained. The Board was asked to do something. It was
never the intent of the Board of Supervisors to impose government into
the home occupations except as it would make it legal to do so. The
intent was not to make money.
Hearing open to the public.. Appearing:
1. Mr. Rankin, Chico. Mr. Rankin stated he was concerned with
what this ordinance might do to the progress in the county toward. significant
zoning. There were two definitions that he was concerned with: (1)
professional offices and services licensed by the State of California
seems that this opens up the matter very broadly; (2) there is talk about
expanding beyond the home and garage and carporto -There seems to be
no limit. He had concerns that this could be a threat on Kennedy Avenue
~.f the area developed into a gy6stantisl commercial area.
Page 300. May~1, 1979
79'-
a
May 1, 1979
Supervisor Winston stated that the City of Oroville has had
a similar ordinance for ten years. There has been no difficulty whatevero
Del Siemsen, deputy county counsel, stated in his remarks to
the Planning Commission he felt that the occupations as licensed by the
state might not be what was intended by the ordinance. This could range
from lawyer's offices to operating a garaged
Mr. Rankin stated that Mr. Terry has 30 autos sitting on his
property waiting to be repaired in the middle of "A-5" zoning.
Mrs. Blair set out the two sections that the Commission considered.
fine establishes conditions of home occupation and will have to be inserted
into the definition. Almost all businesses are licensed with the Department
of Consumer Affairs. One of the points of concern is auto repair. She felt
that there were concerns as to exactly how broad that would be, They tried
to cover that point in the ordinance. She requested a little more
guidance as to what the term services would include under professional
offices and services.
2. Jerry Terry. Mr. Terry stated that there are 41 homes on
Kennedy Avenue. He had 31 of the residents sign a petition. He has had
his auto repair there for about three years. His property is off the
road 500 feet. He works by himself. There could be anywhere from ten to
twenty vehicles at his property at a time. This building is in the middle
of the orchard 500 feet off the road. It is difficult to locate from the
road,
3. Frank Arridge. Mr. Arridge did not see the need for an
ordinance. He felt that the property owner had a right to use his property
as he saw fit. He wanted to know what this was going to cost.
4. Al Appelman. I~r. Appelman felt that the Board was on the
right track. He recommended that the requirement regarding the professional
offices should have included subject to the below. The condition that
requires that the occupation should be contained should have except for
agricultural and wood products.
5, Louis Camenzind, Jro Mr. Camenzind stated that the problem
might be solved if everyone in Butte County would start a home occupation.
Hearing closed to the public and confined to the Board.
Supervisor-Dolan felt that licensed by the State of California
should be removed on the professional offices and services that are Licensed
by the State of California. She felt that there is a difference between
setting up an entire business in your home and a home occupation, This
would be giving unfair advantage against someone who sets up a business
in a downtown commercial businesso
Supervisor Moseley objected to just persons in the family.
She did not feel that a lot of people should be brought in.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, finding the proposed project could not have a
significant effect on the environment, a negative declaration was adopted.
It was moved by Supervisor Winston, seconded by Supervisor Moseley
that the ordinance (home occupation ordinance) be adopted providing that
subparagraph C, Section 24-200 be changed by the addition of the following:
Page 301.
May~l, 1979
May 1, 1979
stored by changed to contained and that the words except for agricultural
produce be added at the end of the sentence of subparagraph C.
Supervisor Dolan felt that if the Board was going to make
corrections to the ordinance that the matter should be referred back
to the Planning Commission.
Mrs. Blair stated that she can take the ordinance back to
the Commission and have a report to the Board on May 8, 1979.
Motion withdrawn.
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, the home occupation ordinance was referred to
the Planning Commission for deletion in subparagraph C of license by the
State of California and in Section 24-200 change the word stored to contained
and add except for agricultural produce.
742
COMMUNICATIONS
.7udith Gunderson, Oroville. Mrs. Gunderson writes expressing her opposition
to the public information officer which has been denied by the
Board. Information, the matter is mute.
Beulah Shaffer, Oroville. Mrs. Shaffer writes concerning a television
documentary and the use of dioxin in northern California counties.
Referred to the Agricultural Departmento
Leonard Mosley, Biggs. Mr. Mosley submits his resignation as a member
of the Butte County Citizens Advisory Committee on Alcohol
and Drug Abuse. Administrative Office to post vacancy.
Paradise Municipal Advisory Council, The Council writes forwarding the
resignation of Leonard A. Loyd as a member on the Paradise
Municipal Advisory Council. Administrative Office to post
vacancy and write a letter of appreciation for services.
California Chiropractic Association. The Association writes concerning
the designation of May as "Correct Posture Month." Administrative
Office to write letter.
County of Santa Clara. The County forwards its resolution concerning
the shortage of gasoline and other petroleum products.
Information; no action taken.
Sacramento Valley Landowners Association, The Association writes concerning
the solving of the Sacramento River bank protection problems
and requests that Thomas Mackey, executive director of the
Association, be given the opportunity to speak to your Board
on this subject. Administrative Office to set up time.
Nor Cal Cablevision, Inc. The company writes two letters, one concerning
rescinding Section 20.155 of the County Code relative to cable
television undergrounding and the other forwarding a proposed
cable television rate schedule for the Board's approval.
Matter handled earlier in the meeting.
Oroville Cemetery District. The District forwards its resolution
petitioning for the increase in membership to the cemetery
-board from three members to five members. Counsel to report
back on May 8, 1979.
Page 302.
May'1, 1979
79
743
744
May 1,_1979
Chico 2000. The organization writes concerning the 1979-84 Captial
Improvements Program and requests that. the Board resubmit the
Program for Planning Commission review. Discussed; Counsel
to report back-later in the meeting.
State Department of Mental Health. The department writes concerning a
new initiative approved by the Governor for improving California's
mental health program. Hold over for attachment.
State Health and Welfare Agency. The agency writes forwarding information
concerning the designation of 1979 as the Year of the Child at
the state, national and international level and requests
information concerning the designation of an individual or
commission to coordinate local activities. Referred to Welfare
Director for report back to the Board. '
Daniel W. Young, Paradise. Mr. Young appeals the Subdivision Committee's
requirements concerning items ~~5 and ~~6 of the staff recommendations
checklist for Woodland Creek Estates, AP 55-261-61, 28 lots,
between Stearns Road and DeMille Road, Paradiseo Set for
hearing May 22, 1979 at 10:00 aom.
ADDITIONAL MATTERS PRESENTED BY SUPERVISOR DOLAN
Supervisor Dolan stated that she had received a call about the
letter sent to the,Board in answer to some of the questions or allegations
regarding whether-the transportation suit was proceeding in the manner it
should be. She was having copies made for the Board members and asked
that Counsel comment on the letter.
ADOPT RESOLUTION 79-77 DESTGNATING THE SHERIFF AS THE PROJECT DIRECTOR
FOR RR4PE CRISIS INTERVENTION PROJECT (CCCJ) AND AUTHORISING FUNDING AND
SUBMITTAL OF APPLICATION: APPROVE CONTRACT WITH RAPE CRISIS INTERVENTION:
APPROVE TRANSFER OF $800 FROM THE RESERVE TO FUNB THE COUNTY PORTION OF
GRANT
Dan Blackstock, county counsel, reported on the resolution
and contract for Rape Crisis Intervention at this time. He suggested
that the Board is legally bound to come up with the money. He recommended
that in going into the contract that the Board go ahead and take the
money out of the reserve.
Vote on motion in minute order 79-714:
AYES.:. Supervisors Dolan, Moseley, Wheeler and Chairman Lemke.
NOES: Supervisor Winston
Motion carries and Resolution 79-77 was adopted and the Chairman
authorized to sign.
Clif Nickelson, administrative officer, stated that there fs
a $27,000 budget with an average of about 48 cases that figure about
$560 per incident. He knew this was an emotional issue.
Supervisor Dolan stated that it was not an emotional issue
it was a violant crime. It is not just instances but education and
awareness.
Mr. Nickelson stated that about one-fourth of the cases are
out of the county or out of the state. He was in sympathy with the
project. It is a volunteer project. It has moved from voluntary to
government subsid.yb. ,He felt that law enforcement with the volunteers
could handle the matter. page 303.
May 1, 1979
May 1, 1979
On motion of Supervisor Wheeler,, seconded by Supervisor Dolan
and carried,.transfer of $800 from the reserve to fund the county portion
of the grant was approved o. AYES: Supervisors Dolan, Moseley, Wheeler
and Chairman Lemke. NOES: Supervisor Winston.
745
746
APPEARANCE: TID BRADSHAW RE: STUDY OF ECONOMIC CONTRIBUTION OF NEWCOMERS
Mr. Bradshaw set out the study of the a=onomic contribution
of newcomers grant. The group will interview 50 to 100 persons in the
area. The data will be useful for the county as well as other areaso
He asked that the Board write a letter finding this study is useful and
urging the citizens to cooperate. This study may not be of direct
concern to the Board because it is not an economic development
activity,
ADDITIONAL MATTER PRESENTED BY BOARD MEMBERS
Chairman Lemke stated that he had a memo... from Public Works
regarding the meeting on the Sacramento River and the Board or staff
is requested to attend a meeting on May 7, 1979 at 9:00 a.m.
Supervisor Dolan and Clay Castleberry to attend meeting.
747
748
Supervisors Wheeler and Winston were appointed as a committee
to meet with the Sheriff and Administrative Office regarding contracting
autopsy services.
Supervisor Wheeler stated that there is a situation on
a letter from neon Beatty regarding a certification of compliance in
the Meriden-Munjar axed.
Dan Blackstock, county counsel, recommended that he apply
for a new certificate of compliance. They have done so and his office
had sent the Subdivision Review Committee an opinion on what they felt
could legally be done relative to this situation, The Committee has
not come to a decision. The only thing the Board could do would be to
direct the Committee to make a decision and if anyone is not happy they
can then appeal to the Board.
Supervisor Wheeler asked that the Subdivision Committee be
directed to make a decision on this matter. It was agreed,
REPORT FROM COUNSEL RE.: COMMONICAT.iON FROM CHICO 2000 CONCERNING THE
1979-84 CAPTTAL IMPROVEMENTS PROGRAM
Dan Blackstock, bounty counsel, reported on the communication
from Chico 2000 concerning the 1979-84 Capitai Improvements Program.
The organization does not like the way the matter was handled. The
Government Code calls for the program to be reviewed before it gets to
the budget stage. The letter is saying that they do not think that there
was enough time. It is within the Board's power to direct the Planning
Commission to lock some more. You can ask the Commission if it would be
of any assistance, The Planning Commission did review this program.
The matter was referred to the Planning Commission to ask
them if they would like more time to study the 1979-84 Capital Improvements
Plan.
MOTION FAILS 1.tE:_RE,QUEST OF TED BRADSHA.W FOR LETTER FINDING STUDY OF
ECONOMIC CONTRIBUTIONS OF NEWCOMERS IS USEFUL
It was moved by Supervisor Moseley, seconded by Supervisor
Dolan that a letter finding that the study of economic contributions
of newcomers is useful and urging the citizens to cooperate.
Page 304.
May 1, 1979
7
May i, 1979
_ _ _ _ _ _ = W ~ ~ W - - _ _ _ _ _ _ _ _ _ _ _ _ ~ ~ - ~ - _ _ _
Vote on motion:
AYES.:. Supervisors Dolan and Moseley
NOES: Supervisors Wheeler, Winston and Chairman Lemke.
Motion fails.
749
7501
APPEARANCE: MRS, HARDY RE: YEAR OF THE CHILD
Mrs. Hardy requested permission to speak to the Board regarding
the communication from the State Health and Welfare Agency concerning
the designation of 1979 as the Year of the Child.
Mrs. Hardy was advised that the matter had been referred to
the Welfare Director for a report back to the Board.
EXECUTIVE SESSION: The Board recessed at 12:52 p.m. for an executive
session regarding .litigation.
RECONVENE: The Board reconvened at 12:59 p.m. following an executive
session regarding litigation. Nothing to report.
RECESS: 1:00 p.m.
RECONVENE: The Board of Supervisors reconvened at 7;30 p.m.
.Present: Supervisors Moseley, Winston and Chairman Zemke.
.Clark A. Nelson,. county clerk, by Cathy Pitts, assistant clerk
to the Board. Absent: Supervisors Dolan and Wheeler.
PUBLIC HEARING: INFORMEtTION HERRING RE: UNMET TRANSIT NEEDS IN THE
UNINCORPORATED AREAS OF BUTTE COUNTY (OROVII,I,E)
The public hearing regarding unmet transit needs in the
unincorporated areas of Butte County was held as advertised.
No one present.
RECESS: •7,:40 p.m.
RECONVENE: a:59 p.m.
No one present to speak.
ADJOURNMENT
There being nothing further before the Board at this time,
the meeting was adjourned at 8:00 p.m.~to reconvene on Tuesday, May 8,
1979 at 9:00 a.m.
ATTEST: CLARK A. NE1.50N, COUNTY CLERK-RECORDER
and ex-officio Clerk of the
Board of Supervisors
// ~
';~iL' K, ~d~~ Chairman, Board of Supervisors
By
Page 305.
May'l, 1979