HomeMy WebLinkAboutM062480OF CALIFORNIA )
SS.
OF BUTTE )
June 24, 1980
80- The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
a. Present: Supervisors Moseley, Wheeler and Chairman Lemke. C1if Nickelson,
administrative officer, by Mike Pyeatt, assistant administrative officer;
Dan Blackstock, county counsel, by aim Griffith, deputy county counsel; and
Clark A. Nelson, county clerk-recorder, by Nancy Wilson, deputy clerk.
bsent: Supervisors Dolan and Winston
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
1004 PPROVE CETA VEHICLE INSURANCE COVERAGE
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, the additional premium cost for CETA vehicle insurance cover-
. age of additional vehicles, including two buses, payment and authorized
funds were approved.
1005 PPROVET`PURCHASE OF CHAIRS FOR DATA PROCESSING
', On motion of Supervisor Wheeler, seconded by Supervisor Moseley
nd carried, the purchase of five additional conference chairs with funding
to come from available budgetary appropriation was approved.
1006 PRROVE CHICO AREA LIFE SUPPORT/AMBULANCE SERVICE AGREEMENT
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
nd carried, ambulance service agreement with N. T. Enloe Memorial
ospital, dba Chico Area Life Support/Ambulance covering reimbursement
or dry runs and 5150 mental disorder patients was approved and the
hairman authorized to sign.
1007 PPROVE STATE DEPARTMENT OF FOOD AND AGRICULTURE SALARY AGREEMENT
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
nd carried, the annual agreement with State of California, Department of
ood and Agriculture covering payment to the county a sum not to exceed
6,600 relating to reimbursement of a portion of the Agricultural Commissioner's
alary was approved and the Chairman authorized to sign.
1008 PPROVE CHANGE ORDERS 4PZ AND 4~3 CHICO MUNICIPAL CUUR'1' REMVUEL
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
nd carried, Chico Municipal Court remodel Change Order ~~2 in the increasing
mount of $436-to provide for repair of ductwork and Change Order ~~3 in the
ncreasing amount of $2,220 to cover fire additional days to install rough
nd finish plumbing with funding available-from within project contingencies
ere approved and the Chairman authorized to sign.
1009 ~PPROVE OPTION 3 REGARDING COUNTY SERVICE AREA N0. 53 (UPPER RIDGE FIRE
There was discussion held at this time regarding the funding of
y Service Area No. 53 (Upper Ridge Fire Protection).
Chairman Lemke stated the Board had received a memo from Mr.
nsen, auditor, regarding the under financing of Co: Service Area No. 53-
the future financing.
James Johansen, auditor, stated the Paradise Fire District
vide5 on level of both. The E1 Medio District in south Oroville is
independent bpdy. There is a swrvice charge for their services of $4
parcel.
ERVTSOR WINSTON PRESENT AT THIS. TIME
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June-24, 1980
3une 24, 1980
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Mr. Johansen stated if CSA ~~53 was given additional money they
would be receiving more than other agencies county wide. It would seem
they were getting an increase in level of services. It was felt the
people should be willing to pay for the additional services. He felt
option 3 of his memo was the appropriate one to-initiate. It was felt
the service area could be dissolved or the fire protection handled by
volunteers or county fire department.
Mike Pyeatt;: assistant administrative officer, stated both issues
were placed on the ballot regarding the formation and the tax rate.
Chairman Lemke stated he felt option 3 was the only way of
getting this off dead center. They do not have-the funds in revenue
sharing.
Mr. Johansen stated they hoped to be notified regarding the
augmentation funds by late July if the assessment roll is ,out on July 1.
It was two months late last year. He felt the under financing came
from the result of Proposition 13. The rates were less than the costs of
the service. '
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the implementation of option 3 to loan +~ County Service
Area ~~53 (Upper Ridge Fire Protection) sufficient money to-cover the
current year shortfall (in accordance with Government Code Section 25210.9a)
and provide, through the establishment of a service charge next year, for
the repayment of the loan, as well as funding the remaining County Service
Axea ~~53 budget requirements for fiscal year 1980-81 was approved.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, the following budget transfers were approved:
8-214 - Building and Ground s_Maintenance. Transfers $150 from
maintenance of structures to structures and improvements in order to provide
a budgetary appropriation to purchase a needed bicycle rack for the
Administration Center.
B-215 - Building and Grounds Maintenance. Transfers $14,500 from
regular salaries and wages; with $10,000 going to extra help, $2,000 to
household expense and $2,500 to transportation and travel. The transfer is
necessary to cover a budgetary deficiency in extra help utilized to provide
coverage for-vacant regular help positions and also to cover current budget-
ary deficiencies and to provide an appropriation for the balance of the
fiscal year in the other accounts.
B-216 - Fire Protection. Transfers $200 from household expense to
structures, improvements and ground in order to provide an appropriation to
cover the unanticipated costs of construction of a wheel chair ramp and a
fence at the North Chico Fire Station.
B-217 - Sheriff-Coroner - Patrol Division> Transfers $42,800
from revenue sharing miscellaneous expense; with $15,000 going to extra
help, $10,000 to overtime, $7,000 to maintenance of equipment, $2,800 to
office expense and $8,000 to special department expense. The transfer is
necessary to cover the purchase of bulletproof vests in the amount of
$7,500 from special department expense-and the other transfers are necessary
to cover existing budgetary deficiencies and to provide an appropriation for
the balance of the fiscal year.
B-218 - Probation {AB 90 - AB 3121 costs). Transfers $600 from
Page 504
June 24, T980
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June 24, 1980 _ _ _ _ _ _ _
regular salaries to transportation and travel in order to cover current budget-
ary deficiencies and to provide an appropriation for the balance of the fiscal
year.
8-219 - Supplemental Manpower_Pro~ram. Provides an additional
appropriation of $350,000 to cover wages paid to CExA Title II-B participants
paid through county payrolls. Funding is from federal aid - manpower
programs.
B-220 - Building and Subdivision Inspection. Transfers $2,000
from overtime within the Building Inspection Division to office expense
within Building and Subdivision Administration; and within the Building
inspection budget transfers $3,000 from extra help to maintenance of equip-
ment. The purpose of this transfer is to cover existing budgetary deficiencies
and to provide an appropriation for the remainder of the fiscal year.
B-221 - Gridley Justice Court. Transfers $220 from overtime to
transportation and travel in-order to provide an additional appropriation to
cover the necessary travel costs related to the court operation.
B-224 - Biaes Constable. Transfers $450 from the reserve to
transporttation and travel in order to provide an additionai budgetary
appropriation to cover unanticipated expenses for the serving of legal
documents and traveling to other courts within the county.
B-225 - Supplemental Manpower Programs. This is a multiple page
budget transfer confirming actions taken by the Board in previous meetings
of May 15, 1979, bZinute order 79-814; June 26, 1979, minute order 79-1060;
July 10, 1979, minute order 79-1124; December 18, 1979, minute order 79-2011;
and March 4, 1980, minute order 80-330. The purpose of this transfer is to
allocate $5,201,769.69 to CETA programs through ,September 30, 1980 and to
also reallocate $2,210,501.97 of deobligated funds from prior CETA programs.
Total amount of the transfer is $7,412,271.66.
B-226 - Public Works Road Construction - Clearine. Transfers
$19,126 from the Table Mountain Bridge construction contingencies to the
Sacramento Avenue project in order to increase the appropriation to cover
the cost of the contract of $179,129.
B-227 - Public Works. Recognizes unanticipated revenue of $702,800
from local assistance, 169.1 funds; $26,200 from the bridge replacement grant;
and $48,000 from contributions from private parties. Also recognizes a
decrease in anticipated revenue of $125,000 from federal aid safer off
systems. The transfer also appropriates the revenue funding .for the Foot-
hi11 Boulevard project, $100,000; Skyway overlay project, $150,000; and
the Table .Mountain Bridge project for a total of $402,000.
B-228 - Sheriff-Coroner. Transfers $9,000 from the food account
within .the incarceration budget; with $2,000 going to overtime and $1,000
to office expense within the incarceration budget; increases office expense
in the amount of X1,000 in the investigation budget; and increases office
expense, $1,000; professional and specialized services, $3,000; and trans-
portation and travel, $1,000 within the services division budget. The
purpose of these transfers is to cover existing budgetary deficiencies and
to provide an appropriation-for the balance of the fiscal year.
B-229 - Federal Revenue Sharing= Plant Acavisition. Transfers
$22,500 from miscellaneous projects - unallocated appropriation; thereby
increasing the appropriation for the Chico Municipal Court building remodel
in order to cover the costs of necessary .furniture and equipment for the
second court room being added as part of the remodeling project.
Page 505
June 24, 1980
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June 24, 1980 ____ _~_ _______~
_ _ _ _ _ _ _ _ _ _ _ = W _ _ - _ - - - -- - - - - - - -
B-232 - Planning - General. Transfers $430 from office expense to
overtime in order to cover current budgetary deficiencies and to provide an
appropriation for the balance of the fiscal year.
B-233 - Biers Justice Court. Transfers $421 from jury and witness
expense to extra help in order to-cover current budgetary deficiencies and
to provide an appropriation fox the balance of the fiscal year.
8-234 - Revenue Sharine. Transfers $10,538 £rom the equipment
account in the plant acquisition budget and increasing the appropriation under
miscellaneous projects - maintenance of equipment in a similar amount. The
purpose of this transfer is to establish-the proper budgetary line item to
cover-the cost of furniture refinishing as approved by the Board of Super-
visors on June 10, 1980; minute order 80-906.
B-235 - Housing and Community Development Grant. Establishes an
additional appropriation of $1,375 from program income; with $375 going to
residential rehabilitation to cover a loan to a client and $1,000 to
consultant services in order to cover the loan program grant application
fee for Connerly & Associates.
B-237 - Chico Municipal Court. Transfers $200 from salaries
and wages to rents and leases of equipment in order to cover the remainder
of the rental cost on equipment.
B-238 - Superior Court. Increases the appropriation in the
overtime account in the amount of $300 with funding coming from unanticipated
revenue. Overtime is billed ~~to the Law Library trust fund and revenued to
the General .Fund. Sufficient revenue has been received this year to cover
the deficiency.
B-239 - District Attornev - Family Support Division. Transfers
$1,476 from jury and witness expense, $200 from maintenance of equipment,
$35 from memberships, $40 from publications and legal notices, $62 from
rents .and leases of equipment and $53 from-fixed assets - equipment; with
a total of $1,96b going to office expense in order to cover current budgetary
deficiencies and to provide an appropriation for the balance of the fiscal
year.
B-240 - Mental Health. Transfers $3,000 from the food account in
the general services budget and $150 from maintenance of equipment, $350
from professional and specialized services and $250 from fixed assets -
structures, improvements and grounds in-the detoxification budget; with
$800 being transferred to rents and leases of equipment in the general services
budget and $2,950 going to food within the detoxification budget. The
prupose of this transfer is to cover existing budgetary deficiencies and to
provide an appropriation-for the balance of the fiscal year.
1011 APPROVE ISSUANCE OF FIREWORKS PERMIT DURING JULY 4TH DISPLAY
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, the issuance of a fireworks permit to The Red Devil Fireworks
Company o£ Sacramento for an aerial fireworks display at the Silver Dollar
'Fairgrounds in Chico on July 4th by the Gounty Fire Warden was approved.
1012 ADOPT RESOLUTION 80-133. SETTING BID OPENING FOR HOUSING AND COMMUNITY
DEVELOPMENT OF INTENTION TO SELL REAL PROPERTY AT 777 VIRGINIA STREET CHICO
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, Resolution 80-133 setting bid opening for July 22, 1980 at
11:15 a.m. in-the Board of Supervisors $oom giving notice of Housing and
Community Development's intention to sell real property at 777 Virginia Street
in Chico at a minimum price of $5,000 was adopted and the Chairman authorized
to sign. Page 506
June 24, 1980
June 24, 1980
80- 101 ACCEPT COMMUNITY ACTION AGENCY ANNUAL AUDITS FOR HEAR START AND GOMMUNITY
b PROGRAMS
On motion of Supervisor Moseley, seconded by Supervisor Winston
and carried, the annual audits for Head Start grant (HEW grant H-7057)
and Community Services Administration grant (Grant ~~90181) completed by
Matson and Isom Accountancy Corporation were accepted as submitted.
101 CONSIDERATION OF GRANT AWARD FOR SUMMER YOUTH RECREATTON PROGRAM AND SUMMER
FEEDING,PROGRAM CONTINUED TO JULY 1 1980
Consideration of grant award to the Summer Youth Recreation
Program and Summer Feeding Erogram was held at this time.
Supervisor Moseley stated she was not in favor of using taxpayers
money for recreation amusement. She questioned the age group.
Chairman Lemke noted they had received nothing in their packets
regarding these two matters.
James McNaughton, hxecutive director of Community Action Agency,
stated the age group was 7 years old to 12 years old. The only group
that continues from June to September was in Gridley. They are provided
a lunch. They have an overnight camp where 50 children participate at
a time, this is a first come first serve program. The day camp at Forebay
is one time only. The overnight camp is at Loafer Creek.
Supervisor Winston stated he has watched over the years what
has been happening to the volunteer programs such as YMCA, Soy Scouts,
Girl. Scouts and church groups having problems with funding. Children
in the past who wished to participate were encouraged to earn the money.
Now because Uncle Sam hands out the money they learn to expect the services.
He would have to vote against these two programs because more and more
government is stepping in and taking away the incentive to sell cookies
and earni~gg their own way to camps and such. Pretty soon we will have
the mass camps that they have in other nations. He liked it the way it
was. Supervisor Winston questioned Mr. McNaughton why he was turning his
back to him. He would never turn his back to Mr. McNaughton.
Mr. McNaughton stated he was going to sit down.
Chairman Lemke stated it depends on your point of view as he
felt living in Butte County is summer camp.
Supervisor Moseley felt young children are being weaned-away
from the family. Some of these programs are defeating the thing of families
doing things together. There are a lot of programs children can get involved
in such as ball games and socket.
Mike Pyeatt, assistant administrative officer, stated the grant
money is here. It is just a matter of approving it. Mr. Pyeatt responded
to Supervisor Winston that it takes three votes to fire somebody.
Continued to July 1, 1980 consideration of the grant award of
Summer Youth Recreation Program and Summer Feeding Program after the Board
has received the backup information.
APPROVED RENEWAL OF VARIANCES
On oration of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, the following renewal of variancesto~..Sectens°19=10 and/or
19-12 of the Butte Couaty Code for placement of a mobile home were approved:
1. Hartsei Edwards, AP 65-18-27, 420 Woodward, Magalia area.
Zoning: "RT-lA"; and Page 507
June 24,1950
June 24, 1980
80- 2. Nicki Murphy, AP 36-30-001, 6290 Carmel Avenue, Oroville area.
3 Zoning: "ARMED.".
1016 PUBLIC WORKS ITEMS CONTINUED TO JULY 1, 1980
Clay Castleberry, public works director, requested that the
following items be continued to July 1, 1980:
1. Approval of the final Clay McGowan Subdivision map; acceptance
in fee Meyers Street, Ivy Street, Seville '.Court and Cambridge Court; accept-
ance of easements granted for light and air; acceptance of easements for
public utility purposes (including sewer, water, electric, gas and comm-
unications facilities) and acceptance of Lot "A" as shown on the map.
This is a 17 lot subdivision, AP 39-43-81, located on Meyers. Street, west
of Park Avenue in Chico.
2, Approval of final map for Valine.Subdivision; acceptance of
ements granted for light and air; and acceptance of easements for public
lity puxposes (including sewer, water, electric, gas and communication
ilities). The subdivision is located on Meyers Street, west of Park
nue in Chico, six lots, AP 39-43-30, 33 and 37.
1017
1018
On motion of Supervisor Winston, seconded by Supervisor Moseley
carried, the agreement with. the Town of Paradise, operator (Dave Kamp)
Butte County in the amount of $3,700 with county to assume admaEnistration
Paradise Express by Public Works staff; Town of Paradise will reimburse
rator for all Paradise Express tickets collected in the future was
roved and the Chairman authorized to sign.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, the contract amendment ~k3 extending the Oroville Express
contract through the 1980-81 fiscal year and provides for contractor reim-
bursement rate of $2.20 per ticket effective July 1, 1980; effective July
1 patron fare for city and county residents will be increased from 65~ to
85¢ per ticket with total county subsidy for next fiscal year to be $82,000
with total funding from SB 325 Funds was approved and Chairman authorized
to sign.
1019 WARD BID - FOOTHILL BOULEVARD PROJECT gpZ1574-7t3-.1
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the bid for the Foothill Boulevard Project ~~21574-78-1 fxom
ower Wyandotte-Road to 0.5 miles south of Oro-Bangor Highway was awarded
to Robinson Construction Company of Oroville in the amount of $313,208
nd the Chairman authorized to sign the contract.
1020 WARD BID -.SKYWAY PAVEMENT OVERLAY PROJECT 9k51261-79-Z
On motion of Supervisor Moseley, seconded by Supervisor Winston
nd carried, the bid for the Skyway Pavement Overlay, Project ~~51261-79-2
rom 02 miles west of Oakridge-Drive to 2.4 miles east of Oakridge Drive
as awarded to Robinson Construction Company, Inc. of Oroville in the amount
of $133,962 and the Chairman authorized to sign the contract.
1021 UBLIC WORKS ROAD TOUR TO BE I~+LD JULY 2 1980
Clay Castleberry, public works director, invited the Board members
o discuss and tour the road projects. They will alsa discuss what they have
'n the budget.
Chairman Lemke set the time for the road tour for July 2, 1980
after the Grand Jury impaneling at 9:00 a.m.
Page 508
June.24, 1980
____June24, 1980 ___________~~____~
80- 1022 REAFFIRMED CLOSURE OF GATE AT WHITE AVENUE AND SET PUBLIC HEARING FOR
b JULY 15. 1980 AT 10:30 A.M.
Supervisor Wheeler stated there are a lot of people concerned
about the gate at White Avenue at the Casa de Flores Mobile Home Park in
Chico. The committee has proposed that the gate be closed as it was an
emergency exit only onto White Avenue. The owners of the park have had
problems from people both entering and leaving the park that break the
barrier down. The insurance carrier will no longer pay for replacement.
The owner Mr. Damshan has contacted Public Works Director regarding a
new entrance and placing a curb at the White Avenue exit leaving room
for pedestrian and bicycle access only. Soon there will be another front opening
Clay Castleberry, public works director, stated the emergency
exit was a part of a use permit of the mobile home park. He is against
a verticle curb for safety reasons.
Chairman Lemke stated he would hesitate closing the exit until
they have negotiated the-curbs and the closing.
There was a motion by Supervisor Wheeler, seconded by Supervisor
Moseley, for the permenent closing of the emergency exit onto White.Avenue
as a new opening along the frontage of the park will be available.
Supervisor Wheeler stated originally it was a cul-de-sac and was
not intended for the heavy traffic flow.
Supervisor Winston stated he was familiar with many mobile home
parks and the majority have only one entrance which is also used for the
exit. He felt they should put curbs and gutters and shut off the exit.
Amendment to the motion:
The owners to place curbs and gutters with the gate being closed
permanently; with an exit for pedestrians and bicycles only onto White Avenue.
Supervisor Winston questioned County Counsel regarding the use
permit that was issued to the park, could the Board with their motion legally
change this.
Jim Griffith, deputy county counsel, stated if a use permit had
been granted and the gate closure was a condition they would have to hold
a public hearing as it would change the condition.
Amendment to-the motion:
This Board makes a motion of intent to set a public hearing date
of July 15, 1980 at 10:30 a.m. to consider changing the use permit condition
of a gate exit.
Vote on motion:
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
ABSENT: Supervisor Dolan
Motion carried.
1022 PENALTY ABATEMENT PROCIDURES ESTFiBLiST3SD
A request was made to the Board from Clark A. Nelson, clerk recorder,
regarding penalty abatement statements and the procedures to be used.
Page 509
June 24, 1980
June 24, 1980
80- Clark A. Nelson, clerk-recorder, stated there had been recent
3 legislation which imposes additional duties on the county. Mr. Nelson set
out the background on the procedures he had outlined in his memo to the
Board members. The Assessor feels once the forms have been mailed his
office is no longer responsible. The Recorders office sends out the green
forms when there is a change on the deed. Later the Assessor sends a
second notice. Then they are sent a notice of penalty of $100 or '10 percent
of their tax bill. Thee have been 400 notices mailed out. He questioned
ho was to answer the questions and handle these notices. The Clerk of
the Board handles other functions. They cannot answer the questions raised
by the public. He-felt the Assessor should handle this. The Clerk of the
Board would take over after the Board members have made a final determination.
There are letters accompanying the returned forms and many need answering:
or a recommendation. Mr. Nelson read from several notices comments which
ad been submitted. The Code does not set out specifically who is to handle
this phase.
Mike Pyeatt, assistant administrative officer, stated the Assessor's
office has forwarded 14 of these notices to their office to be placed on the
oard's agenda for next week. There are no recommendations.
Ed Brown, assessor, stated he had spoken Co the Board previously
regarding these notices. He stated it is set out in the Revenue and Tax-
tion Code where they are to be filed and.~the procedure to follow. He felt
they bend over backwards to accommodate the people. Mr. Brown read from
Section 483. He questioned what recommendation could he make. He does not
like this procedure, but it is the law.
Supervisor Winston stated the Tax Collector has a similar situation.
e processes them and then they are brought to the Board. He felt the Assessor
could make a recommendation either for or against the penalty relief. If
there are errors he should determine that.
Supervisor Wheeler stated she felt the Assessors office would
enefit the greatest from what is being done. She did not feel the people
'n the Clerk of the Board's office had the expertise in that area or the
staff to handle the flow of paper. .She did not feel the people should be
sent back and forth between the two offices.
Mr. Brown stated the law reads they must file a written request
nd it be filed in the Clerk of the Board's office.
Chairman Lemke stated the Clerk of the Soard should receive the
orms and file a date stamp on them, then forward them to the Assessor's
ffice. The notices should be handed out in the Assessor's office.
Carl Morton, tax collector-treasurer, stated when they receive
quests for penalty relief they are stamped in, logged, a recommendation
de and forwarded to the Board. After the Board approves or denies them
ey are sent to his office by the Clerk of the Board, they notify the
dividuals and it is seldom they hear any more from them. Regarding the
tices from the Assessor the people are getting the Butte County shuffle.
tle companies come in asking about paying the $100 penalty or lien. He
It the situation should be solved.
Mr. Brown stated the law reads they be filed with the Board of
ervisors. They should be date stamped as they are given 60 days time.
the Clerk of the Board will accept them, date them and forward to his
ice he will handle them.
Chairman Lemke stated the process will be the Assessor will-hand
and distribute the forms. T~G,t~will be forwarded to the Glerk of the
Page 510
June 24, 1980.
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____--____==-__3une-24,x1980 _________________
Board for date and time stamp and then given back to the Assessor for a
recommendation and forwarded to the Board of Supervisors for final disposition.
Mr. Brown stated he did not feel his office should receive the
filled out forms as they must be filed with the Clerk of the Board. Then
he will see if they have been filed within the 60 day time period. Mr.
Brown had contacted real estate people and they did not want to be libel.
RECESS: 10:15 a.m.
RECONVENE: 10:2b a.m.
102:
CLOSED HEARING: LEE COLBY, WYNOKA HOMES, GENERAL PLAN LAND USE MAP AMENDMENT
TO CHANGE FROM LOW DENSITX RESIDENTIAL DESIGNATION TO TNDUSTRIAL DESIGNATION,
PROPERTY IACATED ON THE EAST SIDE OF LINCOLN BOULEVARD FROM A POINT LOCATED
1,320 FEET SOUTH OF MONTE VISTA AVENUE TO A POINT LOCATED 3,300 FEET SOUTH
OF MONTE VISTA AVENUE, TO A DEPTH OF 1,320 FEET, IDENTIFIED AS AP 36-20-7,
27 AND__2.8. OROVILLE
The closed ~~:_~ ~ - hearing for Lee Colby, Wynoka Homes, General
Plan Land Use Map amendment to change from low density residential design-
ation to an industrial designation, property located on the east side of
Lincoln Boulevard from a point located 1,320 feet south of Monte Vista
Avenue to a point located 3,300 feet south of Monte Vista Avenue, to a
depth of 1,320 feet, identified as AP 36-20-7, 27 and 28, Oroville was
held as continued.
Bettye Blair, planning director, stated this-was a continued
closed hearing on the General Plan Amendment. She was requesting the
Board continue this matter in order to hear the three Amendment:ehanges on the
agenda today to set for hearing. They have previously used one Amendment
change. If they combine the four that will leave one for the balance of the
year.
Sup-ervisor Winston questioned delaying this project further.
Ms. Blair stated the zoning change is in process. They could
publish it and it could be set to be heard before the Planning Commission.
They can not hear it until the General Plan Amendment has been approved.
Delbert Siemsen, deputy county counsel, stated there has to be
two weeks between the hearings.
Ms. Blair stated the rezone could be heard by Planning on July
16th and carried forward to the Board for setting of a hearing the following
week.
Hearing continued to July 15, 1980 at 10:45 a.m.
102 ~
PUBLIC HEARING: 1980-83 HOUSING AND COMMUNITY DEVELOPMENT BLOCR GRANT
APPLICATION (CITIZENS PARTICIPATION)
The public-hearing on the 1980-83 Housing and Community Develop-
ment Block Grant Application (citizens participation) was held as advertised.
Gerald Lively, deputy administrative officer, stated this was the
last of the hearings today. He would like the Board to approve the grant
application today.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, the 1980-83 Housixig~ti~and Community Development Grant application
Page 511
June 24, 1980
80-
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June 24, 1980
was approved as presented and the Chairman authorized to sign.
The Board adjourned as the Board of Supervisors to convene as
the Air Pollution Control Board.
PUBLIC HEARING: CONSIDERATION OP PROPOSED AMENDMENTS TO SECTION 4-3 OF THE
ATR POLLUTION CONTROL DISTRICT RULES AND REGULATTONS - REPORT FROM THE
AGRICULTURAL ADVISORY COMMISSION ON SECTIONS 4-3
The public hearing on consideration of proposed amendments to
Section 4-3 of the Air Pollution Control District rules and regulations
and report from the Agricultural Advisory Commission on Sections 4-3 were
held as advertised.
10251
Joe Bandy, air pollution control officer, set out the background
on the fee schedule. It has been before the Agricultural Advisory Commission
for their recommendation and their Vice-Chairman would like to address the
Board .
1. Myron Openshaw, Oroville. Mr. Openshaw was representing
the Agricultural Advisory Commission. He stated the Board was to of
received a memo with their recommendation from the June 12, 1980 meeting.
Chairman Lemke read the memo into the record at this time.
Mr. Openshaw stated the Commission feels the fee schedule would
serve no purpose, They feel the permits should be for the life of the
facility. There should be no renewal fee. The farmers should not carry
all of the burden of expenses, it should be shared equally.
Mr. Bandy stated the Clean Aix Act was passed in 1970. He set
out the requirements that must be meet in order to qualify. In 1977 the
Act was amended. After that they had the EDS where the district staff would
have to advise and labor and gave you the procedural book. This year the EDS
has an emissions data system. They have 472 sources: they must annually
evaluate. Thirty-two are major Sources in the county. One of the problems
is that the 32 major sources, require technical evaluation. The average
number of pages per source is seven. One terminal requires 70 plus pages
of annual review. He recommends the fee schedule~increase to spread the
costs to those people who have or have the potential to pollute.
Dave Strattonrt air pollution control engineer, stated they felt
the public should pay equally, The £ee structure would pay one-third of
the cost, they would be getting back $16,000. The cost is from $45,000 to
$60,000, Under the new fee schedule the major source-, would pay considerably
more. In reviewing other counties this fee schedule is more than reasonable.
Chairman Lemke stated to be realistic wheh the almond huller operators
and rice growers who are Charged-:.the fees will pass them on to the consumer
who picks up the tab i. He was concerned about the mandates which are being
imposed upon us.
Mr, Bandy responded to Supervisor Wheeler's question of whether the
state was mandating the fee schedule, the State does not propose that he does
a fee structure, but it is his responsibility of these additional costs
whether they should be paid from the General Fund or from a fee schedule.
Mike Pyeatt, assistant administrative officer, stated the Auditor
'did not anticipate this additional money into the current budget. The $16,000
is included as exempt revenue. The legislature imposes these duties and the
ilocal government is to work out the method of financing. This is from SB 90,
Page 512
June 2k, 1980
80-
3.
June 24,T1980 _ _ _ _ _ _ _ _ _ __ _ _ _
_ Mx. Sandy stated they are not asking for additional staff. Operand
a half years ago they requested one additional position, but it has not been
filled at this time. With the existing staff they can do the work,
Hearing open to the public. Appearing:
1, John Valpey, Butte County Rice Growers Association, Mr,
Valpey stated he has addressed the Board in the past in regards to the
fee structure. He feels they have already paid by complying with the
regulations, They pay property taxes, He felt this was an additional
burden. What is mandated by the State they have to do. He feels this
additional cost should come from the General Fund.
Mr, Stratton stated they are mandated to make at least-ones^:full`_:.
on-site inspection to measure the emission, Sometimes ,you can spot problems
before they occur through inspection. The regulations involve much more
than the onsite inspection.
2, Bob McGowan, Chico, Mr, McGowan was concerned about the
State Air Resources staffing and budget and how great it has grown over the
past five years, He feels it is becoming quite a burden'to the farmers,
Mr, McGowan discussed the price of rice, It is not that easy to pass the
cost on,
Mr, Bandy stated if they ignore the regulations set out they
will set up a regional government, At that point the Board of Supervisors
will not have the authority to approve or disapprove,
Mr, Stratton stated if they are in noncompl~arice•~ the ARB will
withhold the funds, _ _ _.. ~ ,. .t~-:,
Supervisor Wheeler stated they must comply with the State and
Federal government or they will come in and shut us down,
3, Bob Vanella, Chico, Mr, Vanella stated he understood the
Board went to Sacramento on a previous occasion, At that time the farmers
were not aware of what was happening, they are now, He felt it would take
a lot of backing to stop these standards,
4, Larry Rhinehart, North State Hulling of Chico, Mr, Rhinehart
felt the people in agriculture were not being treated fairly, A lot of the
sources of pollution is the public, He is not asking the Board to go against
the State and Federal laws, Do not go beyond just what is absolutely required,
5. Karen Vercruse, California Women in Agriculture, Ms, Vercruse
stated they have been to all of the meetings, They feel the funding should
come from the General Fund, These sources are contributing to the General
Fund by paying taxes, The consumer is the one who picks up the tab after
crops get out of the field, They do not recoup this money, Many businessmen
are concerned about how much longer they can keep absorbing costs or stay in
business, The Board has de"a3t with the Air Resources Board and seen how
insensitive, they are to agriculture. They are complying and they plan to
continue to comply, These added costs are not fair. She feels the public
should be required to pay, She asked how much is too much,
Hearing closed to the public and confined to the Board,
Supervisor Wheeler stated the Board members appointed the Agricultural
Advisory Commission and they are close to the people and their recommendation
is to not approve the amendment to Section 4-3 regarding fee schedules,
She felt this would be just more goverrunent control,
Page 513
June 24 ,. '1980
June 24, 1980
g0- There was a motion by Supervisor Wheeler, seconded by Supervisor
3 Moseley, that the amendment to the Air Pollution Control Regulations Section
4-3 be denied,
Mx. Stratton stated the 4-3 includes the fee schedule and the
grandfather clause and it is within the motion. Their proposal was just
an amendment, it would leave Section 4-3 as it is.
Vote on motion:
AYES: ..Supervisors Moseley, Wheeler, Winston and Chairman Lemke
ABSENT: Supervisor Dolan
Mation carried,
There being nothing further before the Air Pollution Control
Board the meeting was adjourned and reconvened as the Board of Supervisors,
~~ The Board of Supervisors reconvened after meeting as the Air
Foliation Control Board,
1026 APPEARANCE: LEO TROMBATORE AND CTiARLES KELLY
Mr, Leo Trombatore and Charles Kelly were introduced by Clay
Castleberry, public works director. Mr. Trombatore is the district manager
for CalTrans, He stated it was good news to hear that Oroville is to get
a new bxidge replacement, There has been approval for gross federal funds,
on~re~s man Bizz Tohnson,~is. a,o _spons'or legi~lat_ionncto gent:money .into.`C~lifornia.
Chairman Lemke stated at the Northern California Supervisors
meeting in Redding there was discussion regarding CalTrans ride sharing.
He would like someone to come to a Board meeting at the end of July in
the afternoon and discuss this matter.
1027 PUBLIC HEARING: ADOPT RESOLUTION 80-134 - HOUSING AND COMMUNITY DEVELOPMENT
ABANDONMENT OF ALL ALLEYS ON BLOCK 7, EL MEDIO TRACT, SUBDIVISION N0, 1 AS
INDICATED ON BOOK 6 OF MAPS PAGE I7 (BURBANK SCHOOL SITE)
The public hearing on the Housing and Community Development
abandonment of all alleys on B=Tpck.. 7, El Medio Tract, Subdivision No, 1 as
indicated on Book 6 of Maps, page 17 (Burbank School site) was held as
advertised,
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 carried, Resolution 80-134,giving abandonment of all alleys on Block 7,
E1 Medio Tract, Subdivision No 1 as indicated on Book 6 of Maps, page 17
(Burbank School site) was adopted and the Chairman authorized to sign.
1028 PUBLIC HEARING: FOOTHILL FARMERS AND RESIDEDITS ASSOCIATION, CONSIDERATION
OF PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT AND SUPPLEIdENTAL INFOR-
MATION REGARDING EIR ANA APPEAL OF OAKVALE TERRACE SUBDIVISION, 72 LOTS,
AP 34-27-113, WEST SIDE OF OAKVALE AVENUE JUST SOUTH OF HILLDALE AVENUE,
OROVILLE :AREA
The public hearing on the Foothill Farmers and Residents Assocation
consideration of a previously certified environmental impact report and
supplemental information regarding the EIR and appeal of the Advisory Agency's
approval of the Oakvale Terxace Subdivision, 72 lots, AP 34-27-113, west side
Page 514
June 24, 1980
~ ~ _ - __,,
80-
3
June 24, 1980
of Oakvale Avenue just south of Hilldale Avenue, Oroville area was held as
advertised,
Hearing open to the public, Appearing:
1, Joe Topping, Oroville, Mr, Topping stated he had written the
letter of appeal. He would like a three week. continuance in order to receive
responses to letters he has written,
2, Ted Cravello, North Pacific Resoursea, Mr, Cravelio stated
his project has been in the works for a year and there have been many delays,
He felt the issue should be heard today,
3,' W, A, Peterson, Oroville. Mr, Peterson stated he had some
information the Board might be interested in and help them with their
decision, In Orange County`s unincorporated area they make study plans
into the development of major industries.
Supervisor 'Wheeler questioned if Mr, Topping realized these delays
were costing the developer money, She felt if they delayed this hearing they
were placing services before peopled She felt because of the previous suits
the courts would decide this issue,
Mr, Topping stated he would like to work with the Board and settle
issue so i.t would not have to go to court,
4, Mike Glaze, Oroville, Mr, Glaze stated the EIR for this project
was the same as the Valley View Subdivision, Additional information has been
circulated by the Environmental Review Department,.
Supervisor Winston stated his views on this issue were well known,
He felt each applicant should be given every opportunity to be heard,
Del 5iemsen, deputy county counsel, stated should this matter go
to court and the judge determined the Board had not had sufficient evidence
on which to make a determination the matter would be back before them again,
Supervisors Wheeler and Moseley stated only on the advise of County
Counsel would they agree to a continuance,
The hearing was continued to July 22,-1980 at 10:00 a,m.
11:47 a,m,
3NE: 11:58 a,m,
'1029
SOR WHEELER ABSENT
EARANCES: JAMES MC NAUGHTON
James McNaughton, executive director, Community Action Agency, Mr.
aughton stated he would like to publicly apologize to Supervisor Winston,
became angry earlier this morning when Supervisor Winston was referring to
ps in relation to his proposed programs he felt was unfair, He was extremely
ry and he was wrong, The items will be back on the agenda next week, Mr,
aughton stated due to a previous ~~.,~~-Cmunt.~ he would not be before the
rd next week, He would have someone from staff be present,
Supervisor Winston stated he accepted the apology. He would hope in
he future he would be a little more professional, When he makes a statement
e is prepared to defend it, but never walk away from him and approach his
ob a little mare professionally,
Page 515
June 24, 1980
80-
a',
1030
June 24, 1980
RECESS:- 12:03 p,m,
RECONVENE: 1:33 p,m,
SUPERVISOR DOLAN PRESENT AT THIS TIME
SUPERVISOR AINSTON ABSENT AT THIS TIME
PUBLIC HEARING: DONALD ZOGG APPEAL OF DENIAL OF VARIANCE TO ALLOW A GARAGE
THREE FEET FROM THE SIDE PROPERTY LINE (CATEGORICALLY EXEMPT FROM ENVIRON-
i~NTAL REVD, AP 31-201-40 (1161 PLUMAS AVENUE), SOUTHEAST CORNER OF
PLUMAS AVENUE AND 12TH STREET. OROVTLLE
The public hearing on Donald Zogg appeal of Planning Commission's
denial of a variance to allow a garage three feet from the-side property
line (categorically exempt from environmental review), AP 31-201-40 (1161
Plumes Avenue), southeast corner of Plumes Avenue and 12th Street, Oroville
was held as advertised,
Bettye Blair, planning director, stated they had copies of the
Planning Commission minutes and staff findings on-this application.
Hearing open to the public, Appearing:
1, Donald Zogg, Oroville, Mr, Zogg stated his neighbor Mr.
Adams had agreed to give him a 20x80 foot piece of property, That would
give him the frontage on Pumas Avenue, He is to give Mr, Adams a 10x65 foot
piece of property. Mr, Adams has a daughter he wants to live close to him,
Mr, Zogg hoped the Board would consider his request,
2, Robert Adams, Plumes Avenue, Oroville, Mr. Adams stated that
by giving Mr, Zogg the property it would benefit him, Mr, Adams set out the
background on his purchasing the property 16 years ago. He was before the
Board last December requesting an "Aunt Minnie", He does not intend to
split the land for personal gain or development, Mr, Adams stated his
deed and the map have different descriptions.
SUPERVISOR WINSTON PRESENT AT THIS TII~
Supervisor Winston stated he is very familiax with this situation.
These two neighbors are trying to straighten out their problems together,
He would advocate granting the request,
3, Mike Evans, engineer, Mr. Evans stated it is a matter of
three feet, but the map shows one. It was felt if they appeared before
the Board first, then they could justify to see what the setback violation
is,
Hearing closed to the public and confined to the Board,
1031
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the Donald Zogg appeal of a denied variance to
allow a garage three feet from the aide property line, AP 31-201-40 (1161
Plumes Avenue),. southeast corner of Plumes Avenue and 12th Street, Oroville
be upheld; finding there are special circumstances to the topography of the
property that abut9r~ east of 12th Street is necessary to pxovide adequate
egress and ingress access that by so granting the variance they are granting
the rights of all property enjoyed by others in the area.
PUBLIC HEARINGS.: MERIDIAN MUNJAR PROPOSED NEGATIVE DECLARATION, DL*CISTON ON
MASTER DRAINAGE PLAN,. AND RETURN OF DRAINAGE DEPOSITS THAT WERE IN EXCESS OF
THOSE RECOMMENDED BY THE MASTER DRAINAGE PLAN; ROCK CREEK FLOOD DIVERSION
FEASIBILITY PLAN, CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT (GHTCO AIRPORT
Page 516
June 24,1980
June 24, 1980
80_ ENVIRONS REZONE EIR) AND RETURN OF DRAINAGE DEPOSITS; AND UPPER MUD CREEK
~ (ROCK CREEK TO,SYLAMORE, EAST OF HIGHWAY 99), DRAFT ENVIRONMENTAL IMPACT
REPORT AND RETURN OF DRAINAGE DEPOSITS AND DECISION ON PROJECT
The continued public hearings on the following were held as
advertised:
1, Meridian Munjax proposed negative declaration,. decision on
master drainage plan, and return of drainage deposits that were in excess
of those recommended by the Master Drainage Plan;
2. Rock Creek Flood Diversion Feasibility Plan, consideration of
environmental impact report (Chico lAirport Emrirons rezone EIR) and return
of drainage deposits that were in excess of those recommended by the Master
Drainage Plan; and
3. Upper Mud Creek (Rock Creek to Sycamore, east of Highway 99),
draft environmental impact report, decision on the project,. and return of
drainage deposits that were in excess of those recommended by the Master
Drainage Plan.
Clay Castleberry, public works director, set out the background on
the three projects, Mr. Jon Anderson who prepared the project plans was not
present,
Supervisor Wheeler stated there are many people in the area who
are concerned and involved in these reports, Before the Board takes any
action there may be a need to extend and expand this report, all the way to
the Sacramento River,
Supervisor Winston stated he had received several telephone calls
regarding residents living down stream. They have no objection to equal
drainage but not enough attention has been shown to the entire project,
He felt it should be continued fox further study,
The hearing was opened to the public with the understanding it
will be continued, pos$ibLy ghree months. Appearing:
Del Siems~a;~,~.deputy county counsel, stated if they are to consider
these plans beyond 99 the EIR document must be reviewed and this would take
a long period of time,
1. Paul Minasian, Oi~ovxlle, Mr, Minasiansatated there were several
property owners in the audience, He had them stated their names and the number
of acres they owned or farmed, These individuals have met and tried to come
up with a proposal for the Board, They are concerned about the impacts.
fihey were concerned about building above Highway 99. Operation and main-
tenance, They have formed an assessment district, They would like the Board
to direct staff to meet with the land owners below Highway 99, They are
concerned about the method of pay for the facility, They would like further
development stopped,
2. Howard Wurlitzer, Chico, Mr, Wuriitzer lives in the Meridian
Munjax area. He felt the area should include T23NR1N, He felt some of the
problems were caused by illegal lot splits, There should be culverts along
Highway 99E, culverts ~kll and ~~16, He did not feel there was much money in
farming today. There is a need for drainage, He felt a project of this
magnitude should require an impact report in the Meridian Munjax area.
3, Bob 6dcGowan, Chico, Mr, McGowan stated he bought 600 acres of
prime land six years ago. It is close to Wilson Landing Road in the Rock
Creek area. There has been a tremendous increase in water over the past
few years, He would Like more "study. If it is to be developed, they should
Page 517
June 24, 19$0
80-.
b
1032
June 24, 1980 _ _ _ _
organize, -Additional water could go down Mud:'. Creek, - T -
StTP'ERVISOR WHEELER NOT PRESENT AT THIS TIME
4. Frank Bennett, Keefer Road, Mr, Bennett stated he felt the
Meridian Munjax system was under designed. It could carry more water,
Mr, Castleberry stated that part of the levee- at Muds' Creek was
left out because of the property owners when the project was built, He
was not sure, it could be changed now,
SUPERVISOR WHEEZER. PRESENT AT THIS TIME
The date of August 26, 1980 at 10:00 a, m, was set to reconsider
the drainage projects,
5. David Dewey, Keefer Road, Mr, Dewey stated he owned a kiwi
ranch. He has studied the map of the drainage district and his property
would be under water if it is 'approved, He purchased his property in 1969,
He would be willing to give the property by the present channel to be used,
5upervisox Wheeler stated her advice to Mr, Dewey was to get
involved in the meetings as he has a great deal of imput,
Mr, Dewey stated he would like a buffer to his property as he
can see where development and pesticide regulations axe going to effect
his farming, He would like to meet with Mr, Castleberry.
oSupervisor Dolan stated the project is a difficult one to be
making a decision, They will have to plan and give themselves enough
room. She felt possibly Counsel and Public Works could come back with
what area would be effected or held up until they know what the situation is,
6. Richard Attinger, douth side Keefer Road, Chico, Mr, Attinger
stated he had a drainage deposit he would like refunded.
Chairman Zemke referred this matter to County Counsel for a
report back regarding the $18,000 refund or to provide permanent drainage,
The hearing was continued to August 26, 1980 at 10:00 a,m,
Supervisor Dolan stated she felt the problem of further develop-
ment should be settled before Augugt,
7, Rex Livington, north aide of Meridian Munjar Road. Mr,
Zivington stated he is not in the district, He is opposed to the drainage
district. It needs to be discussed further,
ADOPT RESOLUTION 80-135 IMPLEMENTING THE CRTMINAZ JUSTICE INFORMATION SYSTEM
CJIS
There was a report to the Board concerning implementation of the
Griminal Justice Information System (CJIS) at this time.
Hai Brooks,. district attorney's, office, representing the Butte
County Criminal Justice Policy Board. Mr, Brooke set out the background
on implementation of the CJIS program. The Board was formed to over see
a grant application for this system. This will be the last opportunity
for Butte County to apply fox the system, He worked closely with the
Administxative Office._ and Aata Processing Executive Co¢miitte~, There will
be a great impact with the additional personnel in the Town of Paradise,
annexation of Chico and of the requested additional personnel by the Butte
County Sheriff`s office. The system would release personnel from paper
Page 518
June 24 , • 1980
80-.
_ _ June 24, 1980_ _ _ _ _ _ _
work to field work, J~he total project would cost $241 696,79 with funding -
coming from grant money and federal money. The costs to the county would
be $93,.751,79, The Criminal-Justice System accepted a letter Exam the
Administrative Officex in .lieu of a resolution,
Mx, Bi11 Chickling, Search Group Inc,, has worked for the group
since 1968. They have provided 10 days of technical service free of charge
to the county, Mr, Chickling set out on charts the savings and the different
areas to be served,
Mr, Brooke stated there is no guasatxtee there will be a reduction
of staff, He set out the procedure. There will be a video terminal,
Other entities will be effected, The maintenance would cost about $36,000,
Mike Pyeatt, assistant administrative officer, stated Mr. Nickelson
was in favor of this project, It would have a long life and increase
efficiency of a major section of law enforcement.
Supervisor Winston stated he questioned Mr, Johansen if the
financial outlook was any different and he had stated no, He was not in
favor of this project. He-felt this was a duplication, He would like to
know where the money is coming from,
There was a motion by Supervisor Wheeler,. seconded by Supervisor
Dolan, that Resolution 80-135 implementing the funding-for the proposed
Criminal 3ustice Information System be adapted and the Chairman authorized
to sign,
Mr, Pyeatt stated the money could come from the reserve. Tksey
hoped the Board would think there was enough value in this program. The
budget could be cut in additional plaeea to fund this,
James Johansen, auditor,. stated he had only looked into the
program as the Executive Committee.
Supervisor Moseley stated she was more concerned about the
roads, She felt the roads were more important,
Vote on motion:
AYES.: Supervisors Dolan, Wheeler and Chairman Lemke
NOES: Supervisors Moseley and Winston
Motion carried,
1033
RECESS: 3.:45 p.m,
RECONVENE: 3:53 p,m,
SUPERVISOR WINSTON ABSENT AT THIS TIME
JOINT MEETING OF BOARD OF SUPERpISORS AND PLANNING COMMISSION CONCERNING
SUBDIVIS]lON REt)'7EGI RESPONSTBILITX
A joint meeting between the Board of Supervisors and Planning
Commission concerning subdivison xeview responsibility teas held at this
time, Planning Commission members present were: Ron Max, Fxank Bennett,
Rae Wheeler, Nina Lambert and Chairman George Gilbert,
Chairman Lemke stated they had received letters from the
following individuals opposed to the Planning Commission handling the duties:
Ron Graves
Mike Glaze, Cook and;~l~spciates
Memo from Russ Croningex, Ringel and Associates
Page 519
-June 24, 1980
80-
'______-=====J_un_e_24_, 1980 __________________
Chairman Lemke stated this meeting was a result of Supervisor
Winston's request for a review. He has since reconsidered and was in favor
of leaving the duties and staff as they are being handled now.
Supervisor Wheelex stated she had received numerous telephone
calls stated it was best to leave it where it is,
Planning Commissioner Gilbert stated they have discussed the
issue, They would handle it if this is the :l Board's wishes, They feel
the Advisory Agency staff is out of the political arena, If the Commission
handled the duties they would- need staff help and imput for their decisions,
They would request the help of County Counsel.
Gommissioner Rae Wheeler stated he felt uncomfortable when
deterneining a rezone or General Plan Land Use Amendment in not having the
background of subdivisions being developed in that area,
Bettye Blair, planning director, stated many times the human
element factor comes in,
Commissioner Nina Lambert stated many times she received telephone
calls regarding items before the Advisory Agency which. she is not knowledgable
about,
Commissioner Chairman George Gilbert stated it was their feeling
that the Environmental Review Department should be a part of the Planning
Department, There were concerns about individuals receiving conflicting
reports between the departments, It was felt people are ping ponged back
and forth, -
Commissioner Ron Max felt there should be better control so
projects could be expedited,
Chairman Lemke questioned Planning Director Bettye Blair if she
would be willing to accept the additional function,
Ms, Blair stated she could not handle it w~rthout additional staff,
Earl Nelson, environmental review director,. stated he was not
aware there were problems. He questioned why they have not come forward
and confronted him with these problems, He feels his staff has done an
outstanding job, He makes no apology for their record.
Chairman Lemke stated they would study this proposal, A report
was prepared by Mx, Livelyry'which-could be xeviewed,
Commissioner Wheeler stated a number of their decisions are appealed-
and they felt maybe they were not following the Board's wishes or directions,
Sometimes their information is not adequate, People feel they can always
appeal to the Board and withhold data,
Chaixtnan Lemke stated there are guidelines being worked on by
the Fire Warden which-will hopefully help them in the future,
Commissioner Nina Lambert was concerned about applications for
G~:neral Plan amendments and rezones, fik-exe has been confusion, Sloe questioned
if they could file separately for them.
There was discussion regarding the soil maps. The maps they must
now use are from 1975, It was hoped between Planning, Farm Advisor and the
Agricultural Commissioner a new map could be purchased,
Page 520
,7une 24, 1980
80-
1034
1035
103 6
June 24, 1980
T There was discussion regarding Day Gare Providers. There was a
letter from Mrs. Luper,
Bettye Blair stated Linda Wells was out of town. She would like
to have her appear before the Commission and the Board. This is in
regards to Section 86029,
Supervisor Dolan stated she would like the. Planning Commission
to discuss this and report back to the Board,
Chairman Lemke stated he was glad to see the Planning Commission
and Board meet 3ointly, He felt they should do this at least twice a year,
APPROVE REVOKING ENCROACHMENT PERMIT - WHITE AVENUE
There was discussion regarding the action taken earlier in the
meeting regarding the mobile home park off of White Avenue, County Counsel
has indicated there is no need for a public hearing because the emergency
exit was not a part of the use permit.
Del Siemsen, deputy county counsel, stated the .permit use to
open was part of the approval of the design, It will not be necessary to
hold a public hearing.
Bettye Blair, planning director, stated the closing was a
requirement of the fire department and a requirement of the development
plan, It was not through a permit, It mss a design criteria,
Mr, Siemsen stated to open the access they must revoke the
encroachment permit.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the encroachment permit for Casa de Flores Mobile Home Park
in Chico was revoked,
SET PUBLIC HEARING DATES
The following public hearing dates were set for Juiy 15, 1980 at
10:45 a,m.:
1, Butte County Planning 1 Commission consideration. of draft
environmental impact report and General Plan Land Use Amendment, Chico
Airport area, from agricultural-residential, grazing and open land, public,
industrial, low density residential and medium density residential to
agricultural-residential, grazing and open Land, public, industrial,
commercial and low density residential for approximately 6,180 acres bounded
generally by Rock Creek on the north, Highway 99 on the west, Sycamore Creek
on the south and L,C,A, agreements on the east.
2, Richard Horton consideration of draft environmental impact
report and General Plan Amendment from agricultural-residential to low density .
residential located along the east of Oakridge Drive and Oakridge Circle and
north of skyway, identified as AP 40-41-07, 40-43A11 and 40-44-A11, south-
east of Chico.
3, Ron Imhoff consideration of General Plan Amendment (item on
which an environmental impact report was previously certified} from low
density residential to medium density residential located on the southwest
corner of Hicks Lane and Sycamore Lane, identified as AP 44-49-11 and O1
(portion), Chico,
REPORT TO THE BOARD - DENIED GENERAL PLAN AMENDMENT
Bettye, Blair, planning director, stated the Board had received
copies of the denied General Prar~mendment of Ken Brown of Oroville.
Page 521,
June 24,.1980
80-
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103 7
1038
1039
1040
1041
June 24, 1980
^ Ms. Blair stated as a result of recent Board direction the General
Plan Amendment was denied by the Planning Commission. There is .no vehicle
for appeal of a denied amendment, The rezone will be heard by Planning
on July 9, Without the amendment approval they would not recommend approval
of the rezone,
APPROVE!) WAIVING FIRST READING OF ORDINANCE AMENDING CHAPTERS 26, 26B, 27
AND 28 RELATIVE TO BUILDING INSPECTION RE UIREMENTS
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, waiving the first reading of an ordinance amending Chapters 25,
26B, 27 and 28'of the Butte County Code relative to building inspectian
requirements was approved,
ADMINISTRATIVE -OFFIGE TO MAKE REPORT TO THL BOARD REGARDING PLANNING ANA
ENVIRONMENTAL REVIEW DEPARTMENTS CONSOLIDATION
Supervisor Wheeler stated she would like Gerald Lively, deputy
administrative officer, to streamline his previous report regarding the
consalidation of the Planning Department and Environmental Review Department.
APPROVE APPOINTMENT TO EMERGENCY MEDICAL SERVICES COMMITTEE - PUBLIC MEMBER
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, the appointment of Pat Topp to the Emergency Medical Services
Committee - public member was approved,
CONTINUED TO JULY 1. 1980
The following items were continued to July i, 1980 meeting:
1, Appointment to the Butte County Senior Citizens Council
(District 2),
2, Appointment to the Assessment Appeals Board.
3. Formation of committee to review the land development process.
4, Consideration of xequest to support Assembly Bill 2947,
5, Lake Madrone Water District request to reconsider previous
action with regard to funding assistance for improvements to the Lake Madrone
Dam,
SUPERVISOR DOLAN ABSENT AT THIS TIME
COMMUNiCATTONS
Walter Bessex, Chico. Mr, Besser writes appealing. the determmnation requir-
ing an environmental impact report fora rezone of property from
ARMH-3 to IARMH-1, AP 44-03-154, 155, 156 and 157, property located
approximately 1,200 feet north of Nord Highway and approximately
one mile west of Highway 99, Chico area, Set for public hearing
on July l5, 1980 at 11:30 a,m,
'Grhico Evening Business and Professional Womans Club, The organization writes
supporting the improvement of library service in the Chico area,
Tnformation; to be considered at budget time,
Lanny J, Dragon, Los Gatos. Mr, Dragon writes concerning the need for add-
itional law enforcement protection in the Berry Creek-area,
Information; to be considexed at budget time.
Beulah V, Harsha, Chico, Mrs. Harsha writes in apposition to the proposed
Sacramento Avenue Assessment District ~~1, Information; no action
taken,
Mr, and Mrs, Jimmy E, Evans, Sacramento, Mr, and Mrs. Evans write asking
questions and stating their opposition to the proposed Sacramento
Avenue Assessment District, Information; no action taken,
City of Chico, The city writes advising of the resignation of Mardi Worley
Page 522
June 24,..'1980
80--
3.
June 24, 1980 _ _ _ _ _ _
from the Butte County Employment and Training Advisory Council,
Referred to Personnel Director to poll council members,
Catalyst: Women's Advocates, Inc „ Chico, The organization writes concerning
their interest to provide services as far as the implementation of
the county Domestic Violence Program (SB 1246), Information; to be
considered at budget time,
Rape Crisis Intervention, Chico, The organization writes concerning the
services they can provide in implementation of a county Domestic
Violence Program (SB 1246), Information; to be considered at
budget time,
Legal Services of Northern California - Butte Regional Office, The attorneys
write concerning alleged abuses in the county`s General lAssistance
Program, Referred to Welfare Director for report back Jutlq 1, 1980,
Driscol & Peterson, attorneys at law, The attorneys, on behalf of Louis L,
Parker and Dorothy J, Parker,. submit claims in the amount of
$185,000 and $25,000, respectively, as a result of alcle~ed injuries
susta3~ed on or about Larch 5, 1980 in the vicinity of Pearson
Road and Sawmill Road in Paradise, See motion following commun-
ications,
Town of Paradise, The town writes requesting that consideration be given to
acquiring county. owned furniture and equipment that was loaned on
an interim basis.
Chairman Lemke was concerned about the fact the Town offered to
pay $2,000-for the furniture, and it was turned down, There was discussion
regarding the fact the furnitprre was surplus. The Chairman '~b~ld'a~ike-some
fuxnsizufie's for the Paradise Go3dcxNt~gget Museum, The matter is to be ~~:
brought back before-the full Board,
County of Shasta, The county writes advising of the need ,to increase the
cost of placements at the Northern California Regional Rehabilitation
Center, effective July 1, 1980, Information; no action taken,
Northern California Emergency Medical Care Council, The organization writes
requesting that Butte County allocate $24,000 for support of the
council, To be continued until a report from Mr, Frank Kimberly
of Nine Northern Counties Supervisor Assocation is received.
Chico Community Memorial Hospital, The hospital writes in support of lthe
requested funding for the Northern California Emergency Medical
Care Council, Information; Supervisor Winston to look into the
matter, '
Judges of the County of Butte, The judges forward information relative to
proposals that have bean submitted fox continuation of public
defender contract services next calendar year. Information; to be
~I considered at budget time,
California Regional Water Qtt~li~ Control Board - Central Valley :lRegion, The
Board writes advising that c~6xznil~ng in the amount of $15,000 is
available for the development and adoption of an erosion control
ordinance in Butte County, Information; no action taken,
State Department of Water Resources, The department writes forwarding a
statement of costs for water master service in the Butte Creek
service area in Butte County in accordance with Water Code Section
Page 523
June 24, T980
80-
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June 24, 1980 _ _
4275 for the 1980-31 fiscal year, Referred to Auditor,
:ni Luper, Butte County-Day Care Providers Association, Ms, Luper writes
regarding licensed home day care provides for more than six
children in an "R-1" zone, Handled earlier during Planning
Commihs~on and Board meeting, _.. _.
Glaze, Cook Associates, Mr, Glaze writes regarding maintaining the
existing Advisory Agency at its, current status, Handled earlier
in the meeting,
i~)42
1042
1043
1044
Keith Tovey, Paradise, Mr, Tovey writes appealing a denied variance on
AP 65»03-003. Set for public hearing on July 8, 1980 at 10:30 a,m,
Gerald G, Dixon .et a1, Mr, Dixon forwards a petition regarding preservation
of agriculture land in Bute County. Referred to Planning,
Tom Rogers, Oroville, Mr. Rogers writes regarding sewer annexation to the
North Burbank Sewer District in Ke11y Ridge area, Referred to
Planning _ LAFCo, ,
Upper Ridge Coordination Council, The council writes regarding a resolution
requesting services be moved from Town of Paradise to Upper Ridge.
Ghairman Lemke noted there was a similar request from Paradise
Pines Property Owners Association.
Zee Cramer, Chico. Mr, Cramer writes r~pppsdngg the Southeast Sewer District,
George Gilbert, Oroville Industrial Development Corporation, Mr, filbert
writes advising he was been replaced by Dan Cook as president,
Refexred to Personnel,
Russ Croninger, Riegel and Associates, Mr, Groningen called regarding the
Advisory Agency duties remain as they are being handled.
Patrick H. Casey, Superintendent of Schools, Mr, Casey writes regaxding
5B 1426 which would direct $240 million of tidelands oil revenues
to new school buildingF,an3esupptsxt~no£oa~~rs~i~d2t'~zt;'soncfaesnfor
school 'lbuildinga, See motion following cammunications,
REJECT CLAIMS -LOUIS L, PARKER AND DOROTHY 3, PARKER
On motion of Supervisor kTheeler and seconded by Supervisor Moseley
and carried, the following claims were rejected and referred to County Counsel
and Risk Management Coordinatmr:
1, Louis L, Parker in the amount of $185,000 as a result of alleged
injuries sustained on or about March 5, 1980 in the vicinity Hof Pearson Road
and Sawmill Road in Paradise; and
2. Dorothy J, Parker in the amont of $25,000 as a result of alleged
injuri~ssustained on or about March 5, 1980 in the vicinity of Pearson Road
and Sawmill Road in Paradise,
IbT?sSUPPORT OR SB 1426 DIRECTING TIDELANDS OTL REVENUES TO~G1 SCHOOL BUILDING
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, the Board goes on record in support of SB 1426 directing $250
million of tidelands oil revenues to new school buildings from Kindergarten
through 12th grade not just college was approved,
ADDITIONAL MATTERS BY BOARD MEMBERS
There is to be a meeti~,g,with 3oe Terxy of Friends of the Library,
Page 524
June 24, 1980