HomeMy WebLinkAboutM050879May 8, 1979
OF CALIFORNIA )
SS.
OF BUTTE )
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751
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The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Dolan, Mosele~t, Wheeler and Chairman Lemke. Clif
Nickelson administrative officer; Dan Blackstock, county counsel; and
Clark A. nelson, county clerk, by Cathy Pitts, assistant clerk to the Board.
ABSENT: Supervisor Winstono
Pledge of allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
APPROVAL OF MINUTES
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the minutes of May 1, 1979, minute order 79-729, page 292,
second paragraph from the bottom should be corrected to reflect: Supervisor
Dolan felt that $130,683 allocation framthe general fund plus $129,000
from last week would give $260,103 which would still be a shortage but
more than alternative ~k2.
AUTHORTZE RENEWAL OF EMPLOYEE GROUP HEALTH INSURANCE AGREEMENT WITH BLUE
sxzELD corB?ANY
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, renewal of the employee group health insurance agreement with
Blue Shield Company effective July I, 1979 with no additional increase in
rates was authorized.
APPROVE CETA REFERRAL AGREEMENT BETWEEN CETA, WELFARE DEPARTMENT AND STATE
EMPLOYMENT SERVICE
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the CETA referral agreement between CETA, Welfare Department
and the State Employment Service was approved and the Welfare Director and
Personnel Director authorized to sign;
Jim Rackerby, personnel director, set out what is happening
as far as the summer youth program. The program will start in June and
they anticipate about 175 people in the program. There is going to be
a problem getting the youths into the woods due to the gas shortage. They
are working with the school districts for use of the buses. The program
will also be employing from 15 to 20 summer youth leaders. Hopefully, they
will be able to attract senior citizens for supervision and training from
June to the beginning of October. These positions would be funded under
CETA administrative costs>
ADMIN.IS~.RAT.IVE OFFICER TO CQNTACT GRAND JURY.AND SET UP MEETING DATE FOR
ANNUAL JOINT GRAND JURY/BOARD OF SUPERVISORS AUDIT
The Administrative Officer is to contact the Grand Jury and set-
up a meeting date for the annual joint Grand 3ury/Board of Supervisors
audit.
ADOPT NEW DAILY RATE FOR JUVENILE HALL
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the new daily Juvenile Hall rate of $35.21 effective June 1,
1979 was adopted.
ADOPT RESOLUTION 79-78 ESTABLISHING SELF-INSURANCE/INTRA-GOVERNMENTAL SERVICE
FUND AND CLAI~'1S PROCEDURE
Clif Nickelson, administrative officer, set out the reason for
the fund for the self-insurance. This has been proposed by the Auditor
for control on the funds of next year.
Page 306.
May 8, 1979
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May 8, 1979
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Jim Johansen, auditor, stated that this is a method of accounting
similar to the data processing centero It will include the reserve and
the proposed for next year to include administrative costs. This is in
the general fund at the present timed
It was moved by Supervisor Wheeler, seconded by Supervisor Dolan
that Resolution 79-78 establishing the Self-Insurance/Intra-Governmental
Service Fund and claims procedure be adopted and the Chairman authorized
to sign.
Supervisor Dolan stated that with the bail-out legislation from
the state there is comment relative to setting up independent funds. This
might be a problem with defining as reserve.
Steve Replogle, risk management coordinator, stated that they
would probably set up a separate fund for workmans compensation.
Mr. Johansen stated that the new legislation has eliminated
the reserve requiremento Everyone got hit. Some of the legislatian
excludes utilization of reserves. There is no way to know the final
result.
Vote on motion:
AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke
ABSENT: Supervisor Winston.
Motion carries.
ADOPT RESQLUTION 79-79 MAKING APPLICATION TO THE BUTTE COUNTX LAFCo RE:
PROPOSAL FOR ESTABLISHMENT OF COUNTY SERVICE AREA ~~60, 61 AND 62 (STREET
LIGHTS
Biscussion of funding street lights held at this time. There
are three subdivisions that have the. lights turned on as a result of the
requirement of the subdivision ordinance. There was a contract with PG&E
and no mechanism established for payment of the bills.
757
Clay Castleberry, public works director, stated that there is
a fourth subdivision that is a problem. This is Tom Rogers` subdivision.
Everyone in the subdivision sent letters saying that they did not want
lightinge He hoped that this matter could be resolved.
Clif Mickelson, administrative officer, recommended that the
Board pay the lighting bills for the three subdivisions up::to the present
time out of the general fund and then make a decision.
The subdivisions in question are Lassenwood, RanEho de Thunder
and Shasta Park.
Mr. Eastleberry stated that there are future requests for
subdivisions by the developer to form additional'maintenance districts.
Bill Turpin, administrative anayst, stated that there is no
provision to raise taxes. There is no current sources of funding for
lighting districts. Possibly this could be paid for through a county
service area far street lights.
G~airman Lemke stated that the Board's policy has been user
pay. That can only happen through a fee being set up.
Page 307,
May 8,-1979
May 8, 1979
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758
Dan Blackstock, county counsel, stated that under the code
with regard to subdivisions the Board requires street lights. Does the
Board want to consider an ordinance that allows different procedure to
handle street lighting? .The ordinance the Board has is to require the
developer to pay for five or ten years.
Mr. Turpin stated that someonc~would have to be responsible
for paying for-these lights whether they are turned off or left on.
The county is being billed. PG&E has put the fixtures in on these
subdivisions. These cost would be about one-half if the lights were
turned off. The bill for these three subdivisions is about $700 for the
whole time that they have been on. The yearly amount would be about $SOOo
On motion of Supervisor Dolan, seconded by Supervisor Moseley '
and carries, Resolution 79-79 making application ~o the Butte County
Local Agency Formation Commission regarding the proposal for establishment
of Qounty Service Area ~~60, 61 and 62 (street lights) was adopted and
the Chairman authorized to sign. AYES: Supervisors Dolan, Moseley,
Wheeler and Chairman Lemkeo ABSENT: Supervisor Winston.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the county will continue to pay the bills for Lassenwood,
Rancho de Thunder and Shasta Park until a county service area is formed.
Counsel to report back to the Board on May 15, 1979 regarding
the Tom Rogers subdivision.
AUTHORIZE PURSUIT OF GOING SELF-INSURED ON WORKMEN'S COMPENSATION PROGRAM
Discussion of the report on feasibility of self-insuring workmen's
compensation program held at this time.
Discussion of the additional position requested if necessary held
at this time.
Steve Replogle, risk management coordinator, stated that if
the CETA program gets going the volume of.work will get higher.
This will probably be more than one person can handle,
Clif Mickelson, administrative officer, stated that if the Soard
wanted their office to try and start the program without any additional
help they will. If they find that they cannot operate the program, the
Board will be so advised. It would be dangerous to not staff adequately
because of the repercussions that would come back to the Board.
Mr. Replogle stated that presently he did not have clerical
staff. He would like to make up a work schedule of time allowed for
the claims.
Chairman Lemke felt that if this can be done it would be
started now with the full knowledge that the program is necessary and
that if it requires an additional help possition that it would be available.
Mr. Replogle set out how the reserve of funds would worko
They anticipate reducing the premiums in a few years. He did not foresee
the county being able to stop putting funds into the account. He will
ask for quotes as far as contracting out part of the program. This way
the county would have an insurance company standing behind them.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the county will pursue going self-insured on workmen's
compensation. Page 308.
May 8, 1979
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APPROVE BUDGET TRANSFERS
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the following budget transfers were approved:
B-135 - Data Processing clearing ,account. The purpose of this
transfer is to establish an appropriation for the $209,130.36 conversion
costs to be absorbed by the county pursuant to Board action on March 27,
1979; minute order 79-50%. The appropriation is coming from the following
sources: Auditor, $36,966066; Treasurer-Tax Collector, $21,827.31;
Assessor, $22,469.29; and undistributed additional:-appropriations established
in the Data Processing clearing account for the SCT contract.
B-136 - public Health - County Medical Services. Transfers
$19,396.40 from the reserve to support and care of persons in order to
cover the cost of medical indigent billings approved by the Board of
Supervisors on April 17, 1979; minute order 79-621.
B-137 - Public Health - General Services. Transfers $1,500
from professional and specialized services to maintenance of equipment
in order to cover existing deficiencies and to provide 'an appropriation
for the balance of the fiscal year.
B-138 - Housing and Community Development block rg ant 10/01/78
to 9/30/79 grant year). Establishes a $12,000 appropriation for HCD
Public Works to cover the Rolls, Anderson & Rolls engineering contract
fox the master utility and street plan with revenue coming from HCD
program incomeo
B-139 - Community Action Program - OEO - 1979 grant year.
Establishes a $12;687 appropriation for the EOC 1979 Emergency Energy
Assistance and Crisis Intervention Program< These programs were approved
by the State Office of Economic Opportunity on April 10, 1979.
760 ~ REPORT BY MR. SIDNEY WEBBER, NEW CHIEF ADMINISTRATOR. ANIMAL CONTROL,
Dr. Allen, Animal Control and Health Services Company,'
stated that they are in the transition period for taking over the animal
control functions of the county. They are the first profit making
corporation to take this kind of service over in the United States.
Sidney Webber, new chief administrator of animal control,
asked that the Board adopt an honorary proclamation for be kind to
animal week,
Mr. Webber was advised of the Board`s policy not to adopt
proclamation but will issue a letter of support.
Mr. Webber set out the work that is being done at the present.
Mr. Webber thanked the county staff for the help they have given him
this last week. Several of the former employees have left the company.
Most of them have faund better positions. Effective yesterday, instead
of four locations for purchasing dog licenses there are twelve veterinary
hospitals. They are still waiting for their vehicles to arrive. These
will include air conditioning. He set out the type of training prog"rams
for elementary schools and the printed material being distributed.
He is instituting a working dog program. There will be on-going training
programs for animal control officers. He is also working on neutering
clinics. At the present time, they are using the Sheriff's number until
their radio equipment is installed.
Page 309.
May 8, 1979
May 8,. 1979
79- 761 DECISION. NOT T0. TA1rE PART IN. GOVERNOR'S ALLOCATION PROGRAM AT THIS TIME
vi RE: GAS RATIONING FOR ODD EVEN DAYS
Tom Struthers, civil disaster officer, set out the Governor's
gas rationing allocation program at this time. This will be the establish-
ment of a gasoline control system with control at the retail level.
The program has been offered to every county through the Office of
Emergency Services. The Governor will proclaim any county that so
desires a disaster area as far as gas marketingo- Between noon and
midnight those that wish to participate will be able to have the program
working starting tomorrowo There is no bail-out involved with this
program. He contacted a number of gasoline retail dealers in the county
to find out their feelings on the waiting problem. All said that the most
serious problem was that gasoline is available in fewer amounts. The lines-
have not been severe, There are only three counties that have said they
will definitely start the program. They are: Santa Clara, Los Angeles`
and San Diego Counties, If the need should arise at a later date, the
Governor is willing to make a declaration at that time.
On motion of Supervisor Wheeler, seconded by Supervisor Wheeler
and carried, the Board made the decision not to take part in the Governor's
allocation program at this time but request that they be allowed to
', participate if it is so needed.
RECESS: 10:00 a.m.
RECONVENE: 10:13 a.m.
SUPERVISOR WINSTON PRESENT AT THIS TIME
7621 MENTAL HEALTH 1979-80 PLAN AND BUDGET CONTINUED TO MAY 22. 1979 AT 9:00 A.M.
Chairman Lemke advised that this matter was to be pulled off
the agenda.
Supervisor Moseley stated that the health care people were not
notified about this plan. There was suppose to be a timed item. The
Mental Health Director did not meet with these people.
The Mental Health Director was instructed to meet with the
representatives of the health care facilities, residential care
facilities and CARTCH. The 197,9-80 Mental Health plan and budget are
continued to May 22, 1979 at 9:00 a.m. as the first item on the agenda.
763 PUBLIC HEARING: BETTY LOU GEORGE - PETITION FOR VARIANCE TO SECTIONS 19-10
AND/O.R.1.9~-12.OF THE BUTTE ,COUNTY GODS FOR PLACEMENT OF A MOBILE HOME ON
AP 41-26-48 CHEROKEE ROAD OROVILLE. ZONING: A-2
The public hearing on the Betty ou George petition for variance
to Sections 19-10 and/or 19-12 of the Butte County Code for placement of
a mobile home on AP 41-26-48, Cherokee Road, Oroville, zoning: A-2 was
held as advertised.
The hearing was continued to May 15, 1979 at 10:00 a.m.
PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION - PROPOSED NEGATIVE
DRCLARATION,AND GENERAL PLAN, AMENDMENT TO CHANGE EXISTING INDUSTRIAL
DESIGNATION TO MEDIUM LOW_DENSITY RESIDENTIAL AND PUBLIG DESIGNATIONS
The continued public hearing on the Butte County Planning
Commission proposed negative declaration and General Plan amendment to
change existing industrial designation to medium-low density residential
a nd public designations, property generally described as: medium-low
density residential: that property located south of east 20th Street,
east of Fair Street, north of the Butte County Fairgrounds, and west of
the Chico city limits.. Pub:.ic: that property owned by the County of
Page 310.
May 8, 1979
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May 8, 1979
Butte ,. State of California located at the Butte County Fairgrounds, at
East Park Avenue and Fair Street was held at this time.
Earl Nelson, environmental review director, stated that this
project has been before the Board previously. It was continued so it
could be combined with the number of other potential General Plan amend-
ments. The environmental concerns were discussed, A negative declaration
was recommended,
Bettye Blair, planning director, set out the background of the
General Plan amendment. This is a continued hearing and there was some
concern about properties on the northeast corner of Franklii-. -She requested
that the hearing be deferred until the other hearing on the General Plan
amendment has been held. If the Board were to change boundaries, it would
have to go back to the Planning Commission.
Hearing open to the public. Appearing:
1. Jerry Bolander. Mr. Bolander requested that the area be
modified. There is concern regarding an existing railroad spur from
Park Avenue to 21st Street. If this area is medium residential area
it would not make sense to have the residential on both sides of the
railroad track. He felt that the railroad track should be a common
barrier between the commercial industrial and the residential use in
the area. The proposal will put residential inside a commercial industrial
areao This will create a lot of problems.
2. Joseph Campbell, Chico Work Training Center. Mr. Campbell
asked that the Board consider the testimony that was provided at the
last hearing. It would divide the property for the Work Training Center.
As a result, the property could not be developed for industrial useso
He asked that the Board deny the requested change.
3. Harvey Petersono Mr. Peterson concurred with Mr. Bolander.
The entire area was originally set up as heavy industrial. The streets
were constructed for that purpose, If residential is allowed in the area,
it will create problems later on.
4. Rick Shock. Mr. Shock stated that he is planning a
development on the corner of East 20th Street and Mulberry. The area
is zoned "A-2," He felt that this was a good area for residential uses.
He woixld dike to see the matter referred back to the Planning Commission
and have them study the proposed boundary lineso
Hearing closed to the public and confined to the Board.
It was moved by Supervisor Winston, seconded by Supervisor
Wheeler that the matter be sent back to the Planning Commission requesting
them to consider very carefully the existing industrial trends, industrial
uses in the area and that the recommendations that proposed medium-low
density residential be declared industrial.
Supervisor Winston stated that he understood that the reason
for this request for changing the General Plan designation came from
harry Brooks, community development coordinator, in order to qualify
for funds. He saw very little reason to include this .area in the
rehabilitation for the Chapmantown area.
Supervisor Dolan felt that some boundary changes shou3.d be
looked at. Some of the new construction and rehabilitation in the
area is residential. She has seen other areas where-there is residential
Page 311. '
May 8, 1979
May 8, 1979 ________
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areas that do sit by industrial areas and it does not hurt. She felt
to change the complete area to industrial would not be recognizing the
residential uses in the area. .She would like to see the Planning
Commission hold public hearings on this matter.
Supervisor Winston restated his motion at this time.
Vote on motion:
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolano
Motion carrieso
76:
APPEARANCE:PETE pgT~RSON,SACRAMENTO VALLEY LANDOWNERS ASSOCIATION RE:
SACRAMENTO RIVER BANK PROTECTION PROBLEM
Pete Peterson, Sacramento Valley Landowners Association,
was present to discuss Sacramento River bank protection problems.
He would like to get an indication from the Board as to their willingness
to be a sponsoring agency far future bank protection works along the
Sacramento River as it relates to the project from Chico Landing to
Red Bluff. They are running into difficulty because of Preposition 13
that the state does not have the funds to provide the ABC assurances.
Typically, the state has been the sponsoring agency. They have been
working with the Reclamation Board and they have been providing easements
and rights-of-way. This would involve Butte, Glenn, Tehama and Coiusa
counties. The funds for on-going projects has been approved. New
projects start in October. Central Valley Flood Control Association
has also been working on this project.
Public Works, Counsel and Supervisor Winston to talk with Mr.
Peterson regarding responsibilities, scope of the project and the
mechanics of this procedure change and the making of application to
the Corps of Engineers.
PUBLIC HEARING:.BUTTE COUNTY, PLANNING COMMISSION - DRAFT ENVIRONMENTAL
IMPACT REPORT AND GENERAL PLAN I:AND USE ELEMENT
The public hearing on the Butte County Planning Commission
draft environmental impact report and General Plan Land Use Element was
held as advertised,
Ea r1 Nelson, environmental review director, set out the backgrround
of the environmental impact report. The General Plan document has been
in preparation for about one year. The EIR is an intregal part of the
document> He felt that this was a vast improvement over the current
General Plan that the county is using today. He had some reservations
on the map portion of the element. There is wide distribution of the
rural residential category. He would like to see this reduced somewhat.
It is in excess of 150,000 acres. He would prefer to see a closer
cooralation between what the zoning says and what the General Plan
designates. He felt that the text and policy were excellent.
Bettye Blair, planning director, set out the background of
the General Plan Land Use Element. She set out the history of this
amendmento Part of the element includes the Craig-Mooretown area,
Highway 32 and Esplanade areas,
Kyle Butterick, planning department, stated that many interested
parties have been engaged in preparation of this element, It is a collective
effort, This is divided into seven sections.
Page 312.
May s; 1979
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Section 1. Introduction. This shows considerations involving
state requirements. There have been recent legislation since the original
text. They attempted to clarify the density standards for timber mountain
and orchard and field crop. The Gover~xment Code sections are covered in
this portion of the element, The existing text contains many policies
but requires updating. Many are covered in the background information.
Section 3. Office of Planning and Research in 1973 developed
guidelines for preparation of land use. In preparation of this document,.
they have taken into consideration the state planning guidelines.
They are recommending a 20-year plan with review annually,
Section C. This required that there be nine elements to the
General Plan, They have attempted to incorporate the other elements.
Development Section. There are five sections under this section.
There were six maps developed that include elevation and a slope map which
shows over 30%. There is a vegetation map. The existing land use map
depicts urban areas, resource areas and government property. There is
also reference to population and growth and the examining of residential
and commercial construction. There is economic considerations such as
agriculture, timber and grazing. This also identifies the concentration
of urban areas, public facilities and services and services currently
being made available to the county.
Chapter 3. This has the county concerns and policies. It is
the most important. They have attempted to identify the major planning
issues that influence planning and development,
Chapter 4. This covers the land use categories themselves.
There are ten categories. They are introducing the rural residential-
one acre minimum category. They are recommending density changes in
others.. There is a format of the categories themselves and indicated
process. This is defined into six sections of each category and they
have identified primary uses in these categories. There is requirements
of density and consistent zones.
Chapter 5. This is the implementation program. There will be
changes to the land use land map and a„sociated zoningo This is important
in the consideration of implementation of policies are referred and
utilized in the grocess. Other available measures are the recommended
review of subdivisions and land divisions. This is for the environmental
review process in compliance with CEQAo
Chapter 6o EIRo
Chapter 7. Appendix. This has the land use plan map. The
Government Code is very clear that the element must include not only
the text but the map which reflects the provisions of the text.
They are not ,proposing any changes to the urban category. There is no
proposed changes in the low, medium and high density residential category.
They would remain 1 to 4, low density; 5 to 8, medium density; and
9 to 12, high density. There is one commercial category instead of three
as in the original element> They are not recommending changes to the urban,
industrial and public categories. A five acre minimum parcel size is
proposed for orchard and field crop. The timber mountain is property
presently owned and managed by the federal government. This is. shown as
purple. The area in dark brown is property owned by private parties
like Diamond International that are either TP2 or commercial forest.
There is a new 40 acre minimum in the timber mountain category.
Page 313.
May '8, 1979
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Grazing and open land. There-is proposed a 40 acre minimum
parcel size. This is shown on the map in green. This includes property
in the Williamson ,Act contract or properties at Ieast 40 acres or larger.
Rural Residential. This is one acre minimum. There is a
provision that this category be directed outside a community water and
sewer system. This would serve as the ultimate land use in remote areasa
It will be a buffer between urban and agriculture. The area is land
zoned under 4~0 acres in the county and some TM-10 and TM-20 in the Forest
Ranch area. This includes the lands in "A-2" zoning that is privately
owned. The lands owned by the federal government are excluded from this
category. This emcompasses about 260 square miles of the 1,670 square
miles in the county or about 15% of the entire county. Of the 260 square
miles there is about 70 square miles that has specific zoning.
Orchard and fidld crop is presently designated by the county
at 22%. There is 857 of the orchard and field crop that is presently
zoned for that.
Hearing open to the public. Appearing:
1. Robert Rankin. Mr. Rankin commended the Board of Supervisors
on the emerging General Plan. He would like to see the wording of the
Plan if there are any changes refer to gradual changese
2. Tom 1~Cready, Chico 2000. Mr.,McCready stated that they have
submitted some proposed changes in writing. They support the adoption
of the Plan. He set out the changes requested at this time,
3. Art Gilman, Butte County Farm Bureau. The Board of Directors
of the Farm Bureau are concerned about the amount of rural residential
included in those areas that have been used for agricultural purposesy
grazing- and open space areas. There are some real problems when you start
introducing development into the areas next to agricultural areas. The
Agricultural Advisory Commission has also voiced concern about this particular
aspect of the Plan. He was concerned about the orchard and field crop as
it relates to south Chico. .The Board of Directors recommendation is that
the Board seriously consider the report from the Agricultural Advisory
Committee. They would like to see the General Plan returned to the Planning
Commission for some hearings that would involve agriculture. They felt
that it was in order to interim zone the area south of Chico.
4. Hugh Santos, Agricultural Advisory Boardo Mr. Santos urged
Che Soard to refer the land use back to the Planning Commission for further
study. He also urged that the hotspots in the county south of Chico should
receive interim zoning.
S. John Luvvas, Chico 2000. Mr. Z~uvvas stated that he would
like very much to see the element adopted. They are supportative of the
text. The minor changes that have been proposed are going back to the
staffs original comments. He would like to see tentative acreage on the
text. The Commission has not dealt with some of the items on the map.
He was very concerned about the rural residential cateogryo Another
150,000 new one°acre lots would be allowed. The lines for the rural
residential are arbitrary. He expected to see the line on all rural and
urban stop at Mud Creek. There is a good deal of confusion on rural
residential. The major problems need to be clarified. He hoped that at
least. the rural residential portion of the map would be subject to greater
study. There are portions of Bidwell Park which are designated as rural
residential. There is land south of Bidwell Park that is designated for
residential use. Chico does not want land next to Bidwell developed.
Page 314. May~8, 1979
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South of Chico there are several hundred acres of land designated for
industrial and residential use that is in good producing agricultural
land. He felt that the major modifications need to be made on the-
area south of Chico. He supported interim zoning.
Mre Luvvas stated that the west portion of Highway 32 is
presently designated as agriculture. The proposal is to keep it that way.
He suggested that everything north of Kennedy be kept in present agricultural
use. He supported the statement that Glenwood should be the line between
urban and future development at least in that area. He felt that everything
northwest of the line drawn by the Board in the northwest Chico rezone
should be agricultural use, If the proposal for Highway 32 were adopted
the area would not be able to handle the traffic. There is no money in
sight for future improvements on Highway 32. He felt that rural residential
should be eliminated west of Highway 99.
6, Gerald Geiger, Butte County Farm Bureau. Mr. Geiger stated
that he apologized that the farmers were not aware of the intent of the
rural residential category. Agriculture does not support all of the
urban areas.
The hearing was continued to May 15, 1979 at 2:00 p.m.
767
768
769
RECESS: 12:00 p.m.
RECONVENE: 12:10 p.m.
APPEARANCE: ART GIr,MaN RE: SACRAMENTO RIVER BANK PROTECTION
Mr. Gilman stated that in listening to the presentation made
by Mr. Peterson regarding the Sacramento River bank protection project
there is one thing that the Board should consider and that is how does the
county eliminate the statutory responsibility of the Reclamation Board.
Mr. Gilman advised the Board that there are three farm bureaus that are
to sponsor a tour for the Reclamation Soard and about 30 interested people
to attempt to show them rai~at the river is doing and what it has done.
Rather than ask the Board for money for the tour, it was felt that the farm
~areaus should sponsor the touro He will let the Soard know of the date for
said tour.
APPEARANCE: JAMES HANSEN
Mr. Hansen stated that he was happy to hear that the Board
had not adopted the gasoline plan on odd even days from the Governor.
The country has never had so much oil developed. When the General
Plan first came in, a group of people assured him that this would never
become law.
Chairman Lemke advised Mr. Hansen that he has been working
on trying to have the General Plan brought back as a guideline and not
as a law. He has pursued this among the other counties and has only
received two replies.
APPEARANCE: BILL BIRDSEYE
Mro Birdseye stated that he has been attempting to put in a
delicatessan in the Paradise Pines areao This is in "A-2 ltd" zoninge
He has been advised that this would take a use permit and asked that
the Board waive the requirement for the use permit. He set out the
other commercial businesses on the same property. He wanted to know why
he was not told that he would need the use permit when he went to the
HeAlth Department for his permits.
Planning Department directed to have information sheets available
at the Paradise offices. Page 315.
May 8, 1979
79~,'- 770
771
772
May 8, 1979
APPEARANCE: CHARLES PERRY
Mr. Perry stated that he had received a use permit for that
building. He obtained a use permit to build the building that Mra
Birdseye will be using.
Bettye Blair, planning director, stated that she knee- that
Mr. Perry had a use permit for the building. There is a problem with
the development. .She will be happy to check the record for Mr. Perry
and Birdseye.
GD~ISfI. WAS INSTRUCTED TO BRING QUIET TITLE ACTION ON STILSON CANYON ROAD
ACCESS
Dan Hays stated that he would like to again discuss Santos Drive
with the Board. County Counsel was requested to enter into negotiations
with Dr. Harris.
Dan Blackstock, county counsel, stated that he could not add
anything to the letter dated April 20, 1979 that he sent to the Board
members.
Discussion of the Stilson Canyon highway agreement held at
this time. Mr. Blackstock stated that there was a deed delivered to the
county. They reviewed the deed and were unhappy with part of the description
and turned the deed back to the engineer. That is where the problem occurred.
The deed was never returned to the county and was deeded to someone else.
He could see no advantage for the county to own the propertye If the
property owners would like to bring action to determine whether this is
a public road, he assumed that the county would cooperate with them.
On motion of Supervisor Winston, seconded .by Supervisor Wheeler
and carried, Counsel was instructed to bring quiet title action on the
Stilson Canyon Road access. AYES: Supervisors Moseley, Wheeler, Winston
and Chairman Lemke. NOES: Supervisor Dolan.
Mr. Hays asked the Board to allow a 20-foot access on three
parcel maps until this matter can be resolved so that the maps can be filed.
Mro Blackstock advised the.. Board that unless the matter is
before it properly, they have no jurisdiction to act. Until such time
as the matter is appealed to the Board, they have no jurisdiction. There
is a time requirement for appeal.. If the matter is not appealed during
the appeal time then the person waives their right of appeal..
PUBLIC HEARING: FRANK L. AND AGNES MC CORMICT< - APPEAL OF SUBDIVISION
VIOLATION COMMITTEE DECISION TO ISSUE A CONDITIONAL CERTIFICATE OF COMPLIANCE,
AP 72-44-18,,. I,OCA,TEA. AT ~~ WEST -END OF SANDRA LANE IN THE BLACK BART ROAD
AREA. SOUTHEAST OF ORUVILLE.
The public hearing on the Frank L, and Agnes McCormick appeal of
the Subdivision Committee s decision to issue a conditional certificate of
compliance, AP 72-44-18, located at the west end of Sandia Lane in the
Black Bart Road area, southeast of Oroville was held at this time.
Hearing open to the public. Appearing: Frank McCormick. Mr.
McCormick stated that he had purchased the property in good faith expecting
to build a house. He was assured by MidValley Title that he had a
60-foot access to the property. One of the requirements was to provide
a 60-foot right-o£-way. He must also prove the existence of domestic
water and septic tank. He has a neighbor about one-fourth mile from his
property t)zat has built a home and has a well and septic tank. It is
impossible to sell the property with these three conditions.
Page 316.
May "8, 1979
79=
a,':
773
May $, 1979
Lynn Vanhart, environmental health director, set out the area
as it relates to wells and septic tankso Wells axe generally not to
reliable. Apparently the parcel was illegally created and Mr. McCormick
applied for a certificate. of compliance in order to sell the property.
The hearing was continued to 2:30 p.m. this afternoon.
PUBLIC HEARING IRMA B. ARTHUR - PETITION FOR VARIANCE TO SECTIONS 19-i0
AND/OR 19-12 OF THE BUTTE_COUNTX CODE FOR PLLICEMENT OF A. MOBILE. HOME ON
AP 53-13-1-063, 5817 COPEI,AND ROAD PARADISE. ZONING: A-2 LTD
The public hearing on Irma B. Arthur petition for variance to
Sections 19-10 and/or 19-12 of the Butte County Code for placement .of a
mobile home on AP 53-13-1-063, 5817 Copeland Road, Paradise, zoning:
A-2 Ltd was held as advertised,
Lynn Vanhart, environmental health director, set out the
background of the petition. Tt is in order.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
774
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the petition for variance to Sections I9-10 and/or
19-12 of the Butte County Code for placement of a mobile home on AP 53-13-1-063,
5817 Copeland Road, Paradise, zoning: A-2 Ltd for Irma B. Arthur was approved
for a period of one year.
ADOPT ORDINANCE 2023: PUBLIC HEARING: TEAL NICHOLS - APPEAL OF PLANNING
COMMISSION'S DENIAL OF NEGATIVE DECLARATION AND REZONE FROM "TM-20"
(TIMBER MOUNTAIN - 20 ACRE PARCELS) TO "TM-5" (TIMBER MOUNTAIN - FTVE
ACRE PARCELS) PROPERTY LOCATED APPROXIMATELY ONE~MILE WEST OF SCHOTT
ROAD, APPRO%. 2-1/2 MILES 50UTH OF DOE MILL ROAD ,.IDENTIFIER AS AP 63-01-118,
CONTAINING 20.07 ACRES, MORE OR_LESS, FOREST RANCH
The public hearing on the Teal Nichols appeal of Planning
Commission's denial of the negative declaration and rezone from "TM-20"
(timber mountain - 20 acre parcels) to "TM-5" (timber mountain - five
acre parcels) property located approximately one mile west of Schott
Road, approximately 2-1/2 miles south of Doe Mill Road, identified as
AP 63-01-118, containing 20.07 acres, more or less, Forest Ranch was held
as advertisedo
Earl Nelson, environmental review director, set out the
background of the negative declaration. Mro Nelson stated that he had
recommended a negative declaration. However, there would be environmental.
concernso All of the property in the area is zoned "TM-20e' The others
in the area are 40 acre parcels. This could set a precedent, The entire
area was zoned in 1976 and the minimum parcel size was established based
on the terrain characteristics. He recommended a negative declaration on
the basis of the small scope of the parcel involvedo
Bettye Blair, planning director, set out the appeal of the
rezone. It was heard by the Planning Commission and recommended for
deniale The vote was 4 to 0 with one absent,
Hearing ,open to the publico Appearing: Neil McCabe, representing
Teal Nichols. Mr. McCabe stated that the same uses are permitted in both
zonese The key question is one of parcel size. This property is located
south of Forest Ranch. The closest access fs Crown Point Road.
Mr. McCabe showed the Board pictures of the property. The first picture
Page 317e
May'8, 1979
79`-
a
.~~~-----====May $'=1c79 =~_________~=~~~R~=
shows the property after there was rain. This. is a picture of the intersection
and there is access in and out of the propertyo The second picture shows
Village Drive. The third picture is Qf the property showing the vegetation
and terraino Crown Point Road is paved and privately owned subject to
recorded maintenance agreements The soil on the parcel is relatively
deep and well drained. There would be minimal disrugtion of the soil.
because this property was already a previous subdivision. Mr. McCabe
felt that the erosion was less than that considered in the environmental
review. It was suggested that there is 55 to 60 inches of rain per year.
He felt that this came from a higher°elevation of Forest Ranch. He
felt that the rainfall for the parcel was around 42 inches per year.
There is very light snow fall in the area. The "TM-20" and "A-2"
areas are areas of steep slopes. It was his position that the Board
could not look at a zoning map and make a decision. They should look
at a terrain mapo Mro McCabe showed the Board a terrain map with the
contourse Some of the area that is zoned "TM-10" has been previously
parceled to 2-1/2 acre parcels. Mr. McCabe showed the Board a NASA
map of the area.
Mr. McCabe stated that the question is what is the highest
and best use for the property, He did not feel that this was for timber.
The elevation is not high enough, It is questionable whether this
parcel could be put into agricultural usese If the parcel was allowed
to be in five acre minimum it would allow for more vegetation to be savedo
The General Plan shows one to five acres and the -.zoning is consistent.
It is consistent with the proposed General Plan which shows the area as
rural residentialo He was not aware of any objection by any other
property owner. He asked for approval of the "TM-5" zoning.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, finding the proposed project could not have a signficant
effect on the environment., a negative declaration was recommended,
AYES: Supervisors.Dolan, Moseley, Wheeler and Chairman Lemke, ABSTAINING:
Supervisor Winston.
It was moved by Spervisor Wheeler, seconded by Supervisor Moseley
that the appeal of the Planning Commission's decision be upheld and further
that the project is compatible with the General Plan and there are na
adverse effects on the environment and the rezone from "TM-20" (timber
mountain - 20 acre parcels) to "TM-5" (timber mountain - five acre parcels)
property located approximately one mile west of Schott RoAd, approximately
2-1/2 miles south of Doe Mill Road, identified as AP 63-01-118, containing
20.07 acres,-more or less, Forest Ranch for Teal Nichols be approved;
Ordinance 2023 be adopted and the Chairman authorized to sign.
Discussion of the motion held at this time. Supervisor Winston
agreed with Mr. Nelson. If the Board starts approving five-acre parcels
the whole ridge will be gone.
Supervisor Dolan felt that this was not an issue of whether
there is growth or no growth in the county. This area has been zoned
10, 20 and 40 acre parcels. There is some "A-2" zoning in the area.
She did not feel that there were environmental concerns.. If this rezone
is approved it will be setting a policy saying that everything not
30 or 40% slope should be five acre minimum. She felt that the 20-acre
minimum should remain.
Vote on motion:
Page 318.
May '8, 1979
a
79t
a.
May s,_1979 _
c o c e o ~ o ~~ v e_ _~ a~ ... ~ ._ ~ ~~ c a c o o c~ e_
AYES.:. Supervisors Moseley, Wheeler and Chairman Lemke
NOES: Supervisors Dolan and Winston
Motion carries.
775
7761
777
7781
779
DISCUSSION: REVENUE BONDS FOR COMMUNITY DEVELOPMENT HOUSING FINANCING HCD
Ward Connerly stated that he has met with a number of bond
underwriters. He recommended that they in concept work with E.F, Hutton
with the possibility of using tax exempt bonds for using in the county,
Dennis Ciocca, representative of E. F. Hutton, stated that
there is a good reason to believe despite the fact that a bill has been
introduced in the Congress that would prohibit future tax exempt financing
for low and moderate income that Butte County can go ahead and finance
through certain state programs, both rehabilitation and new construction.
He hoped to be able to bring back a plan fox the Board to review.
Dan Biackstock, county counsel, asked if they were asking
the Board to commit any funds for any review.
Mr. Connerly stated that the cost of any work would come out
of any bond assurances. They would use the powers of the county without
obligation to generate the 7-3/4 to 87 loans in the county.
Mr. Connerly was directed to pursue utilization of revenue bonds
concerning community development housing financing.
AUTHORIZE PUBLICATION OF NOTICES OF INTENT TO DISPOSE OF REAL PROPERTX
~'OR FIVE TATS LOCATED IN THE EL MEDIO AREA (HCD)
Ward Connerly stated that the county has .acquired specific
sites. They have been working with CHIP for working with families and
letting them build their own homes. An agreement has been drafter for
adoption. It is not in final form. The-money for the lots come back
to the county.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, publication of notices of intent to dispose of
real property was authorized and staff was directed ta.prepare a report
to the Board for action at the June 5, 1979 meeting.
AUTHORIZE $500 FOR TRAVEL AND INCIDENTIAL EXPENSES FOR CHIP UNDER HCD
FUNDS
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, $500 for travel and incidential expenses for
CHIP under HCD funds was authorized.
RECESS: .1:35 p.m.
RECONVENE: 2:45 p.m.
APP.ROVE.LEASE.AGREEMENT WITH BUTTE COUNTY HOUSING AUTHORITY FOR GRIDLEY
FARM TABOR CAMP
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the lease agreement with the Butte County Housing
Authority for use o£ the Gridley Farm Labor Camp located at 65 Booth Drive,
Gridley for the period December 1, 1978 through April 30, 1979 at a rate
of $200 per month was approved and the Chairman authorized to sign.
APPROVE VARILSNCE RENEWAL
On motion of Supervisor Winston, seconded by Supervisor Moseley
-and unanimously carried, the renewal of-variance to Sections 19-10 and/or
Page 319,
May' 8, 1979
780
.May 8, 1979
.. ~ _ _ _ _ - - _ _ _ _ _ _ _ ~ = _ ~ _ _ _ _ _ _ _ _ ~ ~ ~ ~ T
19-12 of the Butte County Code for placement of a mobile home on AP 36-32-16,
Foothill Blvd., Oroville, zoning: A-5 for Reginald Stevens was approved.
for a period of one year.
DENY PENALTY RELIEF`
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the following requests for penalty relief were
denied:
1. R. A. Brown, AP 71-23-025.
2. Terry Barton, AP 38-17-028.
781
782
783
784
ADOPT RESOLUTION 79-7~ GIVING NOTTCE_0~'_INTENTION TO SELL TAX DEEDED PROPERTY
On motion of Supervisor Dolan, seconded by Supervisor Winston
and unanimously carried, Resolution 79-741 giving notice of intention to
sell. tax deeded property, 1b parcels at various amounts, was adopted and
the Chairman authorized to sign.
APPROVE 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, anreements for sale,
Foothill Blvd. 21574-78-1; authorized the auditor to issue warrants upon
demand of the County's escrow agent on the following:
C. P, Hiles 0.52 acres $1,040 No Impr. $1,040
R. David 0.23 acres 423 No Impro 423
2. Approved agreement for sale of surplus property to Feather
River Development Corporation for purchase price of $1,500 and the Chairman
authorized to sign.
3, Authorized Chairman to sign grant deed conveying a 0.b89
acre parcel of surplus land on the north side of Ophir Road, west of
Western Pacific Railroad tracks to the Feather River Development Corporation.
4. Awarded the bid to Woodland Electric Company of Yuba City
in the amount of $52,421 for Skyway at Oliver Road traffic signals,
Project 51261-78-2 with. funding to come from $20,000 in contributions from
adjacent property owners and $32,421 motor vehicle in-lieu funds.
REPORT TO BOARD CONCERNING ORO-BANGOR HIGHWAY AND MYERS STREET INTERSECTION
Clay Castleberry, public works director, reported to the Board
concerning Oro-Bangor Highway and Myers Street intersection, They have
made an analysis on the intersection. There have been some six or seven
accidents in five or six years. There were citations issued, all for
violation of the rules. He did not deem it proper:. _ >to put in a four-
way stop. They have placed some additional warning signs and put some
stencils on the road. The road is posted for 25 mph, There is 500 foot
visability.
REPORT TO BOARD CONCERNING REPORT OF BUILDING CODE REVISION COMMITTEE
Clay Castleberry, public works director, reported to the Board
concerning the report of the Building Code Revision Cornnittee. There are
several things happening in the .State Housing Commission. They are
c onsidering changes in the state requirements. He felt that the primary
area of concern of the Berry Creek group is to get the state to change
the requirements.
Page 320,
May'8, 1979
a
May 8, 1979
o o e o o c n~ .._ .- e c o c o e a o c e c c e
Supervisor Winston stated that there are a tremendous. number of
Berry Creek people who do not want to have changes in the codes. A bast
majority of the people want no revision of the building code because it
protects us. He asked that Mr. Castleberry contact Mr. Sullivan and
set up a meeting.
Supervisor Dolan stated that in Hayward they are giving students
experience in drawing plans.
785
APPROVE RECOMNlGNDED CHANGES IN COUNTY SERVICE AREA ~~31, BIGGS SWIMMING
FOOL. OPERATTON
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried,, the following recommended changes in County
Service Area ~~31, Biggs Swimming Pool, operations were approved:
1. Cut hours of operation from 9 hours per day to a total of
6 -- 1:00 p.m. to 5x00 p,m, and 6:00 p.m. to 8900 p.m.
2. Cut days of operation from six to five - closing both
Sunday and Monday. '
3. Increase gate fees from 25Q to 50p.
786
MOTION DIES:~E: REFUND OF FEES RE: CONAITTONAL CERTIFICATES OF COMPLIANCE
ISSUED IN MERIDIAN-MUNJAR ARF~1
Discussion of the conditional certificates of compliance
issued in the Meridian-Munjar area and policy direction request held at
this time.
Clay Castleberry, public works director, stated that in the
past the Subdivision Violation Committee has placed conditions on the
approval of certificates of compliance. Del Siemsen, deputy county
counsel, has indicated that the committee cannot put the drainage fees
in-lieu of a complete drainage system on a map. The Board had adopted
this as a guideline of so much per acre to take care of the drainage
situation.
Dan Blackstock, county counsel, stated that this condition
was imposed four years ago. There are two problems. The Board has an
independent Subdivision Review Committee. They are requesting an advisory
opinion. The way the procedure was set up was that the committee would
make a decision and then if someone did not like the decision, they had
the right to appeal to the Board. If this is turning out to be a mistake
and the Board has to comply with the ordinance, manybe the Board would
want to look at the composition of the Subdivision Review Committee.
He did not think that they could bring matters to the Board for a decision
when the ordinance does not allow this procedure.
Mro Blackstock stated that in the case of the previous decision
of the Board this was a number of years agoo The Legislature got into
the act. The course of conduct throughout the state is the requiring
that no more requirements on drainage can be on subdivisions. The county
cannot exact a drainage contribution unless there is a drainage plan.
Supervisor Wheeler felt that people had had problems trying to
get a clean certificate of compliance. They had a $3,000 assessment for
water and land and yet it was an illegal lot, These people applied twice
and paid the $100 fee-twice. .She felt that the fee should be returned
to these people.
Page 321,
May•8, 1979
79-
a
_ _ May s, 1979 _ _
If the Board wants to be in a position to give advisory opinions
to boards of neutral jurisdiction he can .provide them with such an ordinance.
He recommended against such an ordinance. Mr. Blackstock skated that
the parties that Supervisor Wheeler was speaking of did not pay the fee
twice. Their predecessor had a certificate,of compliance and the one that
was granted to these geople was a clean certificate of compliance, He did
not know what grounds the Board could use to refund the fees. They got
relief that they asked for.
Mr. Blackstock set out the background of Meridan-Munjar.
The Board held a hearing and went over every deed in the Meridan-Munjar
area. The Board decided that Meridan-Munjar was improper. He did not
know of any other entity including the state that has ever made that same
assertiono
It was moved by Supervisor Wheeler that the ,5100 fee be refunded
on the basis that it was originally a county error.
Motion dies for lack .of a second.
787
788
PUBLIC HEARING DATE SET
A public hearing date of May 22, 1979. at 10:30 a.m. was set for
onsideration of the Sutte County Planning Commission - proposed negative
eclaration and General Plan Land Use Map Amendment to change existing
"medium low density residential" to "commercial" property generally
described as that property located on both sides of Clark Road from
approximately 500 ft. south of Buschmann Road, to a depth of approximately
1300 ft „ Paradise.
ADOPT ORDINANCE 2024: CLOSED PUBLIC HEARING: BUTTE COUNTY BOARD OF SUPERVISORS
PROPOSED ORDINANCE AMENDING CHAPTER 24 RF THE BUTTE .COUNTY CODE TO ALLOW
HOME OCCUPATIONS IN ALL ZONES AL7AWING RESIDENTIAL USES
The closed- public hearing on the Butte County Board of Supervisors
proposed ordinance amending Chapter 24 of the Butte County Code to allow
home occupations in all zones allowing residential uses was'held at this
time.
It was moved by Supervisor Winston that the home occupation
ordinance be tabled.
Motion dies for lack of a second,
789
Bettye Blair, planning director, stated that the Planning
Commission reviewed the recommendations of the Board. They determined
on a 2 to 2 vote with 1 absent that they could not agree and it was
deemed denied. The Commission therefore denied the Board's recommendations.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, Ordinance 2024 amending Chapter 24 of the Butte
County Code to allow home occupations in all zones allowing residential
uses was adopted with the following changes and the Chairman authorized
to sign: Section 24-21.47, subsection C delete license by the State of
California; Section 24-200, subsection C after the word building add
except for agricultural products.
AYPOI~ITMENT TO OROVILLE CEMETERY DISTRICT INCREASING NUMBER FROM THREE
MEMBERS TO FIVE MEMBERS
On motion. of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the following were appointed to the Oroville
Cemetery District:
Morris Goatley
William E. Turner Page 322. May 8, 1979
79;- 790
791
792
793
-_----- Ma~8,-1979 _--
• - - - - - - - _ - -- - - _ _ _ _ _ - - - _ _ - _ ~ = ~ _ = R ~ _
AND_f~CTION IN. MINUTE. ORDER.79.-771 RE: .QUIET TITLE ACTION ON STILSON
CANYON RDAD ACCESS TO SErK DECLARATORY RELIEF
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, the action in minute order 79-771 instructing Counsel to
seek quiet title action on Stilson Canyon Road access was amended to
seek declaratory relief instead of quiet title action. .AYES: Supervisors
Moseley, Wheeler, Winston and Chairman Lemke. NOES: Supervisor Dolan.
APPOINTMENTS CONTINUED TO MAY 15, 1979
The following appointments were continued to May l5, 1979:
5).
1. .Appointment to the Agricultural.Advisory Commission (District
2. Appointment to the Citizens Advisory Committee on Drug Abuse/
Alcohol Advisory Board.
CONTINUED PUBLIC HEARING: FRANK 71, AND AGNES MC CORMiCK - APPEAL OF THE
SUBDIVISION VIOLATION COMMITTEE'S DECISION TO ISSUE A CONDITIONAL CERTIFICATE
OF COMPLAINCE, AP 72-44-18, LOCATED AT THE. WEST END OF 'SANDRA LANE IN THE
BLACK BART ROAD AREAS 50UTHF4ST OF OROVILLE '
The public hearing on Frank L, and Agnes McCormick appeal of
the Subdivision Violation Committee's decision to issue a conditional '
certificate of compliance, AP 72-44-18, located at the west end of .Sandra
Lane in the Black Bart Road area, southeast of Oroville was held as
continued.
Clay Castleberry, public works director, stated that there
was a small space where Mr. McCormick was not granted a right-of-way
to the property, There were other parcels that did get a certificate of
compliance but their descriptions were a little bit different. The
Health Department also had a requirement to prove water availability.
Aan Black stock, county counsel, stated that if the Board
approves this certificate of compliance it will be cleaning this parcel
and can be sold to a third party. When this third party applied for
a building permit he would have to .prove water.
BettyeBlair, planning director, stated that the certificate
of compliances that have been approved have either had to prove water
or there is a statement on the map that there is no domestic water.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the conditions requiring proof of water and leaching
capabilities of the soil were waived and the certificate of compliance
is to be granted provided that the .night-p€~-way is furnished to the
satisfaction of Public Works. AYES: Supervisors Moseley, Wheeler,
Winston and Chairman Zemke. NOES: Supervisor Dolan. .
COMMUNICATIONS
Mary Thompson, Oroville. Mrs. Thompson writes concerning the possible
dangers of spraying on rice fields in the county. The Board
will hold an executive session next week sitting as-the Butte
County Air Pollution Control District.
Alex Chaigneau, Durham> Mr. Chaigneau writes requesting that his name
be withdrawn from petitions and letters that he had signed
supporting the "Midway Rezone." Information; no action taken.
Chico 2000° The organization writes forwarding comments to the proposed
.General Plan Land Use: Element that is under consideration by the
Board. Handled earlier in the meeting.
Page 323. May 8, 1979
County of Plumas. The county writes concerning the possible rationing
of gasoline and its effects on tourism and recreation in
counties and request that the Board oppose rationing. No
action taken.
Arostegui, et al, attorneys at laws A claim has been received from
Jeff Jones, on behalf of Christopher Jones, in the amount of
$500,000 as a result of injuries sustained in a crosswalk
accident on Pearson Road on April 16, 1979. See motion
following communications.
John N. Bach, attorney at law. The attorney, on behalf of Idalene Payne,
files a claim in the amount of $1,027,468 plus other amounts
as a result of damages sustained in an incident at Butte
College. See motion following commutrications.
William P. Mace, attorney at law. A notice of motion for peremptory writ
of mandate and petition for writ of mandate has been received
in the case of Patrick J. Porgans vs. the Board of Supervisors
et al. .Information. '
City of Chico. The City writes requesting that the Board consider joint
funding for improving the traffic flow at the intersection of
Cohasset Road and Rio Lindo Avenue in Chico. Referred to
r„h7;~ Tdnrkc £or report back to the Board.
City of Chico. The City writes requesting that the Board consider a
cooperative agreement for storm drainage along a portion of
Filbert Avenue wherein the county's portion of funding would
be approximately $33,000 of a total $37,670 cost. Referred
to Public Works for response.
794
795
796
REJECT CL:~TM - JEFF. JONES ON BEHALF OF CHRISTOPHER JONES
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the claim of Jeff Jones, on behalf of Christopher
Jones, in the amount of $500,000 as a result of injuries sustained in a
crosswalk accident on Pearson Road on April 16, 1979~was rejected and
referred to Counsel and Risk Management Coordinator.
REJECT CLAIM - IDALENE PAYNE
On motion of Supervisor. Winston, seconded by Supervisor Wheeler
and unanimously carried, the claim of~Tdalene Payne in the amount of
$1,027,468 plus other amounts as a result of damages sustained in an
incident at Sutte College was rejected and referred to Counsel and
Risk Management Coordinatoro
ADDITIONAL MATTERS PRESENTED BX BOARD MEMBERS
Supervisor Dolan stated that the Board members had received
a letter from the City of Chico asking them to attend their meeting on
May 8, 1979 at 7:30 pom. to discuss the sewage systems There is a
conflict with the Board's meeting. She would like for the Administrative
Officer to arrange for a joint meeting regarding the whole aspects of the
city sewage.
Sups rvisor Winston stated that the Board had received a memo
from the Treasurer regarding Jesus West Coast '79.
Dan Blackstock, county counsel, stated that-the Board reviewed
the matter and heard what the organization planned to haven He came to
the conclusion that if the county tried to use the music festival ordinance,
it would not come under that ordinance. The Treasurer wanted to use that
Page 324. May 8,.1979
• _ _ _ _ _ _ - _ _ _ _ _ stay 8 ,-1~ 7 9 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ordinance and the county is going to end up having the same thing and
hopefully there will not be any problems. He did not agree with-the
Treasurer.
Supervisor Winston stated that h~ hoped that the Treasurer would
be referred to Counsel regarding this matter.
797
COMMUNICATIONS CONTINUED
City of Chico. The City writes inviting the Board to attend their meeting
scheduled May 8, 1979 at 7:30 p.m, to discuss the final sewage
collection system master plan for the Chico urban area.
The matter was handled earlier in the meeting.
Lime Saddle Community Service District. The District writes regarding
the General Plan Land Use Element and Map and asks that the
Board designate Zone "A" land use in the District as residential
urban-low density. Matter handled earlier in the meeting.
Butte County Farm Bureau. The Bureau writes regarding the General Plan
Land Use Element and asks that the Board send' the matter back
to the Planning Commission for additional work. Matter handled
earlier in the meeting.
798
ADDITIONAL MATTER PRESENTED BY SUPERVISOR WINSTON
Supervisor Winston stated that there has been discussion about
the use of county vehicles by county department heads. He suggested that.
the people who take their county vehicles home car pool with other employees
in the same area.
Clif Mickelson, administrative officer, stated that '.his office
is in the process of restricting 15 to 20 vehicles to be parked in county
lots.
799
800
801
802
LETTER TU BE SENT TO PARADISE SYMPHONY ADVISING THEM OF BOARD POLICY RE:
PROCLAMATION ON NATIONAL MUSIC WEER
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, a letter is to be sent to Paradise Symphony
advising them of Board policy with regard to proclamation on National
Music Week.
ADDITIONAL MATTER PRESENTED BY CHAIRMAN LEMKE
Chairman Lemke stated that the Board members had been invited
to participate in Feather Fiesta Days parade on Saturday in Oroville.
APPOINTMENTS TO BUTTE COUNTY COUNCIL OF SENIOR CITIZENS
On motion of Supervisor Lemke, seconded by Supervisor Winston
and unanimously carried, Alice Smith was appointed as a member to the
Butte County Council of Senior Citizens.
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, Harlan Adorns was appointed as a member to the
Butte County Council of Senior Citizens.
ADDITIONAL MATTER PRESENTED BY SUPERVISOR WHEELER
Supervisor Wheeler stated that the Ted Sandrowski appeal
scheduled for June 12, 1979 should be taken off the agenda.
RECESS: The Board recessed at 3:43 p.m. to reconvene at 7:30 p.m. in
the Paradise Memorial Hall.
Page 325.
May ~8, 1979
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Ma~+8, 1979 ___ _
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RECONVENE: The Board reconvened at 7:30 p.mo in the Paradise Memorial
Hall. Present: Supervisors Dolan, Moseley, Wheeler, Winston
and Chairman Lemke. Dan Blackstock, county counsel; and
Clark A. Nelson, county clerk, by Cathy Pitts, assistant .
clerk to the Board.
PUBLIC HEARING - UNMET TIL4NSTT NEEDS IN THE UNINCORPORATED AREAS OF
BUTTE COUNTY
The public hearing on unmet transit needs in the unincorporated
areas of Butte County was held as advertised.
803
Hearing open to the public: Appearing:
1. Ward Cameron, Mr. Cameron commended the Board on the fine
job that they are doing in Butte County for senior citizens and developmental
disabled in txying to get transportation. There are still a few areas-that
need. to have changeso Some of those are now coming about because of the
new contract in Paradise and there will be wheelchair accessibility. He
felt that one of the big things that BCAG needs to be sure of when they
adopt their resolution is that the findings are factual, He felt that some
of the facts need to be clear. He felt that BCAG and the Board were doing
a good job, He thought that the suggestions regarding unmet needs could
be done. If people buy a book of tickets, they should be able to use
them on any system in the county.
Clay Castleberry, public works director, stated that they are
working on the transfer of tickets at the present time.
2. Wayne Speigle, executive director, Easter Sea1o Mr. Speigle
stated that Butte County is the leader in quality for the unmet needs
of handicapped persons in California. He is very happy with the wheelchair
vanso The greatest need is to see something in Gridley. There is aneed
to take people between towns. Easter Seal is purchasing transportation
for their clients to travel between towns. He hoped that. something could
be worked out with the operators to have travel between cities for medical
facilties only.
3. Karen O'Neal. Ms. O'Neal asked when the new operator would
take over in Paradise. She wondered if the tickets would be the same for
those using the wheelchair van.
Mr. Castleberry stated that~the new operator would take over
the latter part of June. The wheelchair van will be available soon after
the contract is changed. The tickets will be the same cost, but the
county will be paying more per ticket.
4. John Hollister, Far Northern Regional Center. Mr. Hollister
stated that the center has approximately 530 clients in Butte County and
about 200 in Paradise alone, He felt that there needed to be service
between cities for medical needs, social functions and ,educational needs
of their clients. They would also like to see transfer service between
cities at no additional cost. He would like to see the hours expanded
in Chico and Paradise to include additional evening and Sundayso He
would like to see the service area enlarged in the Chico area. He would
like to see services expanded in Chico to also include the Durham areao
RECESS: 7:45 p.m.
RECONVENE:. 8:00 pom.
Page 326.
May' 8, 1979
d
May 8, 1979
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AD70URNMENT
There being nothing further before the Board at this time, the
meeting was adjourned at 8:01 p.m. to reconvene on Tuesday, May 15, 1979
at 9:00 a.m.
ATTEST: CT~.4RK A. NELSON, COUNTY CLERIC-
RECORDER and ex-officio Clerk
of the Board of Supervisors
~~ Chairman, Board of Supervisors
By i-
Page 327.
May' 8, 1979