HomeMy WebLinkAboutM070880July 8, 1980
STATE OF CAI,IFORN2A )
SS.
~OUNTY OF BUTTE )
80- The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
~ Present: Supervisors Dolan, Moseley, Wheeler,. Winston and Chairman Lemke,
Clif Nickelson, administrative officer; Dan Blackstock, county counsel; and
Clark Ao Nelson, county clerk-recorder, by Nancy Wilson, deputy clerk.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
1091 APPROVAL OF MINUTES
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, the minutes of July 1, were approved as mailed
with the following amendment:
Minute order 80-1052 to show that the Board agreed to provide
Public Health services to the Town of Paradise with the Environmental
ealth services to be reimbursed to the County on the basis of the
attached fee schedule to the Town of Paradise letter.
1092 PPROVE CETA PRIVATE INDUSTRIAL COUNCIL CONTRACT INCREASE WITH CSU-CHICO
On motion of Supervisor Wheeler, seconded by. Supervisor Moseley
and carried, the increase in the contract with Chico State University and
ETA Private Industrial Council by $6,500 to include an additonal 2,900
firms in the study of a total cost of $17,000 with the additional cost
to be funded 100 by CETA Title VTI funds was approved.
YES: .Supervisors Dolan, Moseley, Wheeler and Chairman Lemke- NOES:
unervisor Winston
1093
On motion of Supervisor Winston, seconded by Supervisor Wheeler
d unanimously carried, the second reading of the salary ordinance amend-
nt that implements a number of classification and pay adjustments requested
department heads in last year's budget and recommended by the Personnel
rector and also implements several organizational and operational changes
s waived; Ordinance 2121 was adopted and the Chairman authorized to sign.
1094 bECLARE PUBLIC WORKS ITEMS SURPLUS AND AUTHORIZED DISPOSAL BY PURCHASING
1095
1096
On motion of Supervisor Winston, seconded by Supervisor Dolan and
nanimously carried, Public Works tailgate sand spreader, two snow plows
nd two asphalt patch boxes were declared as surplus items and the authorized
isgosal to the Town of Paradise at a suggested price of $100 by the Purchasing
fficer was approved.
The requests for proposals of Data Processing equipment as
quested by the Data Processing Executive Committee was taken off the
enda.
On motion of Supervisor Moseley, seconded by Supervisor Dolan and
y carried, the following budget transfers were approved:
B-250 - County Service Area ~f~34 (Gridlev Swimmix~,e Pool). Establishes
an additional appropriation of $5b4 in maintenance of structures with funding
4oming from unanticipated revenue - admissions in order to cover current
Budgetary deficiencies in the maintenance account.
', Page 24.
~~ July 8, 1980
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b
July 8, 1_98_0 _ _
5-252 - Housine and Community Development. Establishes an additional
~ppxopriation of $7,500 in HCD administration costs - general management and
:oordination with funding coming from unanticipated revenue - program income.
Phe purpose of this transfer is to cover the balance of the administration
:osts for the period February 1, 1980 through June 30, 1980.
1097
APPROVE SUBMISSION OR 1980-81 ALCOHOL PROGRAM AND BUDGET TO STATE DEPARTMENT
VYOn motion of Supervisor Dolan, seconded by Supervisor Wheeler and
imously carried, the 1980-81 Butte County Alcoholism Services Plan and
;et to the State Department of Alcohol Services in the .amount of $144,593
includes detoxification and recovery, $134,241; rehabilitation contract,
,903; and administration, $449 submission to the state were approved.
1098 (APPROVE 1980-81 "409" DRUG PREV.TSIdTION CONTRACT 8'iTBMISSION TO STATE DEPARTMENT
On motion of Supervisor Moseley, seconded by Supervisor Wheeler and
unanimously carried, submission to the State Department of Alcohol and Drug
Programs for the 1980-81 "409" drug prevention contract in the amount of
$15,916,.: state and federal monies, was approved and the~Chairman authorized
to sign.
1099
WHEELER ABSENT AT THIS TIME
On motion of Supervisor Winston, seconded by Supervisor Moseley
d carried, the following Public-Works items were approved:
1. Accepted the work of Butte Creek Rock Company for the Ord
rry Road and Chico River Road, Project #42071-76-2; authorized the Chairman
sign the notice of completion and directed the Clerk to file said notice
th the Recorder.
2. Approved the release of bonds on Vista DeI Cerro Subdivision
it No, 1 for maintenance and accept the roads in the subdivision for
intenance.
3. Approved the release of maintenance bonds for the Shasta Park
ivision and accept the roads in the subdivision for maintenance.
4. Approved the final map for Normandy Gardens Condominium
ubdivision as all improvements were installed and all easements were granted
nder the previous subdivision map, therefore no bonds or subdivision agreement
s required for the one lot condominium subdivision, AP 44-053-39 and 79,
roperty located at the northwest corner of the intersection of Shasta Avenue
nd 99E freeway, Chico.
5. Authorized refund of drainage deposit for Tom Moore in the
mount of $7,128 w7nich was required as a condition of filing parcel map for
P 44-02-20, property located on the east side of Highway 99, approximately
,300 feet south of Wilson Landing Road, Chico area.
&. Authorized refund of drainage deposit for David Williams in
he amount of $6,366.53 which was required as a condition of filing a parcel
iap for AP 47-26-167, progexty located at the west end of Green Meadow Lane,
pproximately 1,800 feet west of Garner Lane, Chico.
7. Authorized refund of drainage deposit for Lucy M. Williams in
:he amount of $b,085 which was required as a condition of filing a parcel
iap fox AP 47-26-149, property located on the west side of Garner Lane,
approximately 1,700 feet south of :Keefer Road, north Chico area.
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July 8, 1980
July 8, 1980
80-
3
8. Authorized refund of drainage deposit for Gary Grigg in the
amount of $1,098 which was paid by James Miller and was required as a
condition of filing a parcel map for iAP 40-04-09, property located on the
north side of Entler Avenue, approximately 800 feet east of Highway 99E,
north of Durhame
11001
9, Authorized refund of drainage deposit for John Senestraro in
the amount of $4,032 which was required as a condition of filing a parcel
map for AP 47-29-50, property located on the north side of Rancho Road,
approximately 1,600 feet west of Garner-Lane, Chico area. Deposits were
received from the following persons: John Senestraro, $1,008; Joseph Bach,
$1,008; and Lucy Williams, $2,016.
Clay Castleberry, public works director, announced that Humbug
Road above Snag Lake will be closed.
Mr. Castleberry stated he and Supervisor Dolan had met with Mr.
Payne of Cal Trans regarding the Highway 32 improvement and Sacramento Avenue
Assessment District.
Supervisor Dolan stated it was a difficult decision whether or not
to vote for the assessment.
SUPERVISOR WHEELER PRESENT AT THIS TIME
Supervisor Dolan and Mr. Castleberry were told they would be placing
the road improvement project in jeopardy if the drainage district was not
f ormedo There is a five year state improvement plan. There maybe just
improvements at the intersection.
Supervisor Winston stated it was a fallacy that it be built just
for the road improvements. He felt a simplified solution would be to take
it north to the dry Lindo Creek.
Mr. Castleberry stated it would cost more than this project.
Supervisor Dolan stated the engineer will be giving them a report.
It could go on forward on Highway 32 and would still have the bicycle lanes.
There must be afour-fifths vote to overrule.
Dan Blackstock, county counsel, suggested the discussion be dis-
continued. They have a public hearing and the allegations have been made
that this district is not for drainage but the benefit of the general public
because of the road project. By discussing it now it tends to leave credence.
to these statements.
Supervisor Dolan stated she was not for or against. .She was just
on the meeting they had held with Mr. Payne.
1101ISET PUBLIC HEARING DATE FOR PROPOSED NEGATIVE DECLARATION AND RINAL DETER-
1102
At the request of Clay Castleberry, public works director, a pub lie
aring date of July 22, 1980 at 10:45 a.m. was set for consideration of a
oposed negative declaration and final determination of the bicycle path
oject at Lindo Channel,
A public hearing date was set for July 29, 1980 at 11:15 a.m. for
tte County Planning Commission consideration of proposed negative declaration
garding environmental impact and rezone from "A-2" (general), "P-Q" (public-
asi public) and "S-H" (scenic:li~ghway) to "A-5" (agricultural - 5 acre
reels} and "A-40" (agricultural1- 40 acre parcels) for county dump site
Page 26.
July 8, 1980
80-
July 8, 1980
~d surrounding area located along both sides of Clark Road (Highway 191)
nom Town of Paradise limits south approximately one mile, Paradise.
11031ADOPT RESOLUTIONS 80-139 AND 80-140 SETTING PUBLIC BEARING DATES FOR
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following were approved:
1. Resolution 80-139 setting a public hear-ing date of August 12,
1980 at 10:00 a.m. for the Terry Logue abandonment of public utilities
easement, Lot 2, Paradise Pines Unit 4 was adopted and the Chairman authorized
to sign.
2. Resolution 80-140 setting a public hearing date of August 12,
1980 at 10:00 aem. for the Bill Birge abandonment of public utilities ease-
ment, Lot 152, Paradise Pines ~k2 was adopted and the Chairman authorized
to sign.
1104 (REPORT TO THE BOARD REGARDING PLANNING CVMMISSIUN Dk~~11AL5
There were reports to the Board regarding the following Planning
Commission items:
1. .Denied request of M. W. Balken proposed negative declaration
regarding environmental impact and general plan amendment from timber mountain
to agricultural - residential located on the west side of Coutolenc Road,
approximately 300 feet north of Ponderosa Way, identified as AP 65-23-2,
north of Paradise.
2. Denied request of Bill Doty proposed negative declaration
garding environmental impact and rezone from "A-40" (agricultural - 40
re parcels) to "A-20" (agricultural - 20 acre parcels) property located
proximately 0.8 miles north of Keefer Road, one mile east of Meridian
ad, identified as AP 47-22-09, north of Chico.
1. .Denied request of Gary Martone proposed negative declaration
regarding environmental impact and rezone from "TM-5" (timber mountain - 5
acre parcels) to "TM-1" (timber mountain - 1 acre parcels), property located
northwest of Highway 32 and approximately 300 feet northeast of Nopel Avenue,
identified as AP 63-11-24, 25, 26 and 27, Forest Ranch.
1105IDISCUSSION: DATA PROCESSING EXECUTIVE COMMITTEE TO REPORT BACR.ON OFFER
Clif Nickelson, administrative officer, distributed a letter to the
and from Sperry Univac regarding the System 80 offer. He stated there had
en discussion whether to implement the 90/30 or 90/40 with the price in
e neighborhood of $500,000 or more for the equipment. The price is consider-
le less than the 90 series. There is still five years left on the contract
proved in April. They need to renegotiate.
Dan Blackstock, county counsel, stated their counsel had not discussed
t with them.
Supervisor Wheeler stated the Data Processing Executive Committee
come back with a report.•'
i106ICONTINUED TO LATER IN THE MEETING THE ADOPTION OF ENVIRONMENTAL HEALTH
Dan Blackstock, county counsel, stated the reason fox these changes
were at the request of staff. The fees set out in the resolution are the same
~s in the ordinance. There had been previous talk regarding an agreement with
.he Town of Paradise. The Town of Paradise has signed it, executed it and sent
Lt to the county. He has not reeved this contract. It will require a
Page 27.
July 8, 1980
~~~ ~ 39$0=
80- resolution to extend the fees. The Town of Paradise is establishing the
~ fees for this service but we will not pay"anything more than it costs to
cover the charges for this operation. This is reasonable. He could not
justify the fee for septic installation from $5 to $48. The present fees
have not been changed in 10 to 15 years. He does not recommend the resolution.
Chairman Lemke read the memo regarding the amendments to the
minutes of 3uly 1, 1980. He felt if the county was losing money they
should look:into the fee schedule.
Glif Mickelsoa, administrative officer, stated .this is just a
stop gap which is required to be done now.
To be continued to later in the meeting,
110 WAIVE FIRST READING OF ORDINANCE AMENDING CHAPTERS 20 AND 24
Dan Black stock, county counsel, stated this was sent to the Board
some time ago. It is a long involved ordinance. He would like to set aside
30 minutes and go through it item by item as there are major policy changes.
There has to be changes every so often due to new legislation.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the first reading of the ordinance amending Chapters
20 and 24 of the Butte County Code regarding regulations and control of
subdivisions and to zoning requirements was waived.
110 WAIVE SECOND RFAAING AND ADOPT ORDINANCE 2122
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, waived the second reading nf:an_ordi~.anSe amending
Chapters 26'; 26B; 27.and=28 of'.the-,Butte..OQUnty.;Code-xelative_to-.building
inspection requirements;. Ordinance 2122 was adopted and the Chairman authorized
to sign.
TO CONDUCT POLL OF AREA ENGINEERS REGARDING FORMATION OF COMMITTEE TO REVIEW
LAND DEVELOPMENT PROCESS
The consideration of formation of a committee to review the land
development process was held at this time.
Supervisor Winston felt it would be redundent to form a committee
to study this issue. There were suggestions to change some parts of it.
If there are changes he would like imputo Mr. Lively has made a lengthy
study in the past regarding this. He felt they were spinning wheels.
Chairman Lemke stated they had received the report and there were
places noted to streamline the process. The Board took no formal action.
The Environmental Review Director has been making changes in his offices.
Supervisor Wheeler suggest that a booklet be prepared to help
individuals and explain the process to applicants. .She felt they should
try to coordinate the efforts.
Gerald Lively, deputy administrative officer, stated there had
been two requests fora study and they were the result of public complaints
and comments. Basically they felt Advisory Agency, Planning and Environ-
mental Review should be closero
Supervisor Winston stated he felt this was to be accomplished when
they took over the Superintendent of Schools building. There are internal
problems.
Chairman Lemke stated the engineers had approached him regarding
problems with the two departments.. The engineer would love to get involved
Page 28.
July 8, 1980
July 8, 1980
g0- and work with a committee. They work with. these departments everyday. This
$ is what the function of the committee was to do, He noted the engineers were
happy with leaving the Advisory Agency as it is and not placing it in Planningo
A letter is to be sent to local area engineers polling them as
to the development of this committee and if they are interested in having
the Land Development process reviewed and streamlined.
1110 DISCUSSION AND APPOINTMENT TO DATA PROCESSING EXECUTIVE COMMITTEE
Supervisor Wheeler stated she would like to appoint Hal Brooks
to the Data Processing Executive Committee. She would like to reaffirm
the fact the Committee would like Mr. Carl Morton, Treasurer-Tax Collector,
and Ed Brown, Assessor to retura to the committee. This is included in
the Executive Committee minutes. The Committee needs them, they are big
users in Data Processing and she would expect them to be active members.
She would like a letter from the Board requesting Mr. Morton and Mr. Brown
to return and have an active-part in the Data Processing Committee.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, the appointment of Hal Brooks, District Attorney's
Office, to-the Data Processing Executive Committee was approved.
Supervisor Wheeler stated she would like to clarify the fact that
Mr. Morton and Mr. Brown were never replaced. .She has gone to them individually
and asked them to return to the Data Processing system. The Committee is
open to the public and anyone who wants to come in and visit and see the
Committee in action.
1111 APPOINTMENT TO ASSESSMENT APPEALS BOARD
On motion of Supervisor Winston, seconded by Chairman Lemke and
carried, the appointment of Charles King to the Assessment Appeals Board
was approved. ~
AYES: Supervisors Dolan, Winston and Chairman Lemke NOES: Supervisors
Moseley and Wheeler
1112 APPOINTMENT TO COUNTY EMPLOYMENT AND TRAINING ADVISORY COUNCIL
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the appointment of Ophelia S. Ruiz to the County
Employment and Training Advisory Council was approved.
1113 APPOINTMENT TO COUNTY EMPLOYMENT AND TRAINING ADVISORY YOUTH COUNCIL
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the appointment of Michael Walsh to the County
Employment and Training Advisory Youth Council was approved.
APPOINTMENTS TO PRIVATE INDUSTRIAL COUNCIL
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the following appointments to the Private Industrial
Council were approved:
Pat West
Carmen Hironimus
Nate White
111 HELD OVER APPOINTMENT TO BUTTE COUNTY SENIOR CITIZENS COUNCIL - DISTRICT 2
Held over the appointment to the Butte County Senior Citizens Councii•
District 2.
111 APPOINTMENTS TO RICHVALE DRAINAGE DISTRICT 200 AND ACTIONcAGENCY TO BE POSTED
Supervisor Moseley requested-that-positions.vacated. in the Richvale
Drainage'Da'strct 200 and'Butte County-Action Agency be"posted as she had
received.,letters from Donna;5tafford and Lester H. Stephens resigning their
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July 8, 1980
July 8, 1980
80-- their positions. The letters were presented to the Clerk.
1117 CONSIDERATION OF RE VEST TO SUPPORT ASSEMBLY BILL 2947 TABLED
Consideration of request to support Assembly Bii1 2947 was tabled
at this time.
111 PUBLIC WORKS DIRECTOR TO MEET WITH POSTAL OFFICIALS.AND EMERGENCY SERVICE.:
OPERATORS TO DISCUSS STREET NAMES AND NUMBERING
Chairman Lemke stated he had discisssed with the Town of Paradise
post office afficials and they are not happy with the new street numbering.
They are not numbers needing to be straightened out.
Clay Castleberry, public works director, stated,~che would like to
meet with the postal officials and emergency people. The Gridley, Biggs
and Durham area is 99% complete and geople are using the new numbers. Mr.
Castleberry set out the other areas they have been working on.
Public Works Director to meet with postal officials and emergency
service operators to discuss street names and numbering.
111 COUNTY COUNSEL TO REPORT BACK REGARDING OFFER TO LAKE MADRONE WATER DISTRICT
There was a report to the Board concerning Lake Madrone Water
District's request to reconsider previous action with regard to funding
assistance for improvements to the Lake Madrone Dam at this time.
Dan Blackstock, county counsel, set out the background on this
issue. They have been in litigation for a number of years. .One item in
question is the temporary boards on the dam. It will stay in effect for
10 years and then they will put in cement guard rolls. This is 18 inches
or so. The Board had previously offered a~tiffy-fifty proposal; Tiie:•,•.
district was holding out for two-thirds.
Clay Castlberry, public works director, stated he would be inclined
to go with the offer. It is just an 18 inch wall along one side of the dam.
Due to inflation the costs have gone up.
Supervisor Winston suggested a sixty-forty offer: He felt the
suit was ridiculous.
Mr. Blackstock is to report back to the Board after making the
proposal to Lake Madrone Water District.
RECESS: 9:50 a.m.
RECONVENE: 10:09 a.m.
112 PUBLIC HEARING: BARRY ROCKWELL PETITION FOR VARIANCE IN MAGALIA AREA
The public hearing for Barry Rockwell petition for variance to
Sections 19-10 and/or 19-12 of the Butte County Code for placement of a
mobile home on AP 65-206-12, 195 Evergreen, MagaliasaY~a•. Zoning: "RT-lA"
was held as advertised.
Lynn Vanhart, environmental health director, stated everything is
in order on this application. The applicant wants to place his eld`e~1iy, parents
in a mobile adjacent to his home. .They-are elderly and in poor health.
Hearing open to the public. Appearing:
1. Bill Cutter, Del Oro area. Mx. Cutter stated he had talked
with all of the surrounding neighbors in the area and they request that
this variance be granted.
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July 8, 1980
3uly 8, 1980
80- Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the petition of Barry Rockwell for variance to
.Sections 19-10 and/or 19-12 of the Butte County Code for placement of a
mobile home on AP 65-206-12, 195 Evergreen, Magalia area; zoning: "RT-lA"
was approved for a period of one year.
1121 PUBLIC HEARING: DAN HAYS, JR. APPEAL OF CONDITIONS ON TENTATIVE SKYPARK
ESTATES SUBDIVISION MAP AP 48-01-19 PORTION CHICO AREA
The public hearing for Dan Hays, Jr. appeal of Advisory Agency's
conditions 11 and 22 on tentative Skypark Estates:Subdivision map, 11 lots,
east side of Cohasset Road, 1.3 miles north of Eaton Road, Chico area,
AP 48-01-19 (portion) was held as advertised.
Chairman Lemke stated there was a conflict of interest and excused
lffrom the hearing.
CHAIRMAN LEMKE ABSENT AT THIS TIME
Clay Castleberry, public works director, set out the background
on the appeal. It is north of Chico near the airport. He indicated the
area on a map he had posted. There are three acre lots. .One section was
within the city limits of Chico. Condition ~~11 is recommended by the City
of Chico. Condition ~~22 they were recommending 28 feet of paving. Mr.
Hays wants to pave 4 feet:less in width for the lower section. Mr.
Castleberry stated if the county is involved at all he felt the condition
should remain. The county may be involved in an assessment district or
maintaining a service area. If there was no county involvement he would
go along with the 24 feet width,
Hearing open to the public, Appearing:
1. Dan Hays, Jr., Chico. Mr. Hays stated his reasons for appealing
the conditions. The requirement in the City of Chico is 24 feet wide paving.
Mr. Al Savits asked him to put in 32 feet wide paving. He felt to go from
24 feet to 32 feet and back to 28 feet was ridiculouso There will be further
development of three acre parcels. He felt the 24 foot road section built
to county standards would be adequate. Tt~'ere~-tare eight three acre parcels
that will be served. There is a total of 130 acreso The perk tests will not
pass in all areas. .They would like to keep the area private-°and rural.
The additional cost of $86,000 would be split between the eight parcels.
The costs will be passed on to those purchasing the parcels.
Hearing closed to the public and confined to the Board.
Supervisor Winston stated Mr. Castleberry felt he had compromised
from the 32 feet to the 28 feet and if there was no county involvement he
would not be concerned.
On motion of Supervisor Winston, seconded by Supervisor Dolan and
carried, the. Dan Hays, Jr. appeal of requirement ~~22 on tentative Skypark
Estates Subdivision map, 11 lots, east side of Cohasset Road, 1.3 miles
north of Eaton Road, Chico area ,. AP 48-O1-19 (portion) was upheld; the appeal
of requirment 411 be denied.
Vote on motion:
AYES:'. Supervisors Dolan, Moseley and Winston
NOES: Supervisor Wheeler
ABSENT: Chairman Lemke
Page 31.
July 8, 1980
80-
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July 8, 1980
CHAIRMAN LEMKE PRESENT AT THIS TIME
1122
ADOPT ORDINANCE 2123 PUBLIC HEARING: DEBBIE RAY STOLP REZONE FROM "AR-5"
t0 "AR-MH-3", PROPERTX LOCATED ON THE NORTHWEST CORNER OF SCHOTT ROAD AND
ETIGHWAY 32 IDENTIFIED AS AP 63-19-05, FOREST RANCH
The public hearing on the Debbie Ray,Stolp rezone from "AR-5"
(agricultural residential - 5 acre parcels) to "AR-MH-3" (agricultural
residential mobile home - 3 acre parcels), property located on the north-
west corner of Schott Road and Highway 32, identified as AP 63-19-05,
Forest Ranch (item not subject to environmental review) was held as
advertised.
Bettye Blair, planning director, stated the Board had received
copies of the Planning Commission minutes and staff findings< The staff
findings indicate there can be no further division of this property.
Hearing open to the public. Appearing:,
1. Debbie Stole, applicant. Ms. Stole stated she wanted to place
a mobile on the groperty. She does not plan to further divide. ,She felt
it was less expensive to purchase a mobile home. There are other mobiles in
the area. There is a mobile home park in Forest Ranch,
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, the rezone from "AR-5" (agricultural residential -
5 acre parcels) to "AR-MH-3" (agricultural residential mobile home - 3 acre
parcels), property located on the northwest corner of Schott Road and Highway
32, identified as AP 63-19-05, Forest Ranch was approved, noting it is not
subject to environmental review; the project is in conformity with all the
elements of the General Plan; Ordinance 2123 was adopted and the .Chairman
authorized to sign.
1123 PUBLIC HEARING: CHARLES AND ALEHA DEDEKER, ET AL - APPEAL OF DRAFT ENVIRON-
MENTAL IMPACT REPORT AND ADVISORY AGENCY'S DECISION TO APPROVE TENTATIVE
SUBDIVISION MAP FOR SWEDES FLAT SUBDIVISION (ROBERT DRAPER), 44 LOTS,
AP 72-29-26, AP 72-31-19, 4 AND 5, WEST OF BLACK BART ROAD IN SWEDES FLAT
AREA. EAST OF OROVIhLE
The public hearing on Charles and A1eha Dedeker, et a1 appeal of
draft environmental impact report and Advisory Agency's decision to approve
the tentative subdivision map for Swedes Flat-Subdivision (Robert Draper),
44 lots, AP 72-29-26, AP 72-31-19, 4 and 5, west of Black Bart Road in Swedes
Flat area, east of Oroville was held as advertised,
Clay Ca§tleberr~y,`public works.:drector set out the background on
this project. It consists of 274 acres to be divided into 44 parcels. It
is located eight miles east of Oroville. There is an aerial photo on the
board. Tt is open grazing land. He indicated the location of Sandra Lane
it is east of Hurlson Road.
.Earl Nelson, environmental review director, set out the environ-
mental concerns of the project. There will be increase in storm water run-off,
traffic and concerns about wild life habitat. There is a cancern from the
Department of Fish and Game about the migration of the deer and the wild
turkeys. There are seven archeological sites in the area. There will be
an increase in school children.
Mro Castleberry stated the project fronts on Hurieton-Swedes Flat
Road far at least one-half of a mile.
Page 32.
July 8, 1980
July 8, 1980
80- Bettye Blair, planning director, stated she had posted a map which
3 as presented to the Advisory Agency meeting. A few last parcels on the
land are subdivided on~~smaller:pareels .
Hearing open to the public. .Appearing:
1. Bii1 Geddis, Oroville. Mr. Geddis stated one of the concerns
tated on the appeal was sewage disposal. Sandra Lane serves a great many
eople. It will be the primary access. .The woad is hard rocks and difficult
n equipment. Some 10 lots would be serviced by Sandra Lane. As a condition
hey would be asked to improve Sandra Lane to county standards, it would be
xtremely beneficial to area residents. .There is a wide variety of available
omestic water. Their response to Fish and Game is it<<-.,is wit'h~:n~aa.;.,°~,~°~.x'.-~ =~
rea of domestic animals as there is a subdivision below the proposed project,
here were concerns about fire protection. -They are hoping to mitigate the
easure by removal of brush.
Supervisor Winston stated he was familiar with the property. It
as a cattle ranch. The. 'state came in and built a reservoir and Mr. Draper
ould no longer drive his cattle to the property as it was too expensive.
~* 2. Michael Pierce,,Swedes Flat Road, Oroville. Mr. Pierce stated
it is a good piece of land. The Board will be hearing within the next week
r so for future development in the area there will be a $750 per parcel charge.
e stg:gsted~paving the road along the first half mile in lieu of the-per
arcel charge. The $750 charge is to be placed in a fund and Swedes Flat
oad will be improved by Public Works for the entire length of the road.
3o John Pontius, Sandra Lane9 Oroville. Mr. Pontius lives in
he immediate area of the proposed project. He realizes the development
ould improve the lower part of Sandia Lane. .Due to the absence of property
wners in the area there is no maintenance for the remaining section of road.
r. Pontius stated he had mailed a letter to the Board voicing his concerns.
r. Pontius set out his concerns from his letter at this time. There was
iscussion at the map. He felt afire would wipe them out. He felt a perk
est was a very valuable tool but it is not valid when it is saturated.
UPERVTSOR WHEELER ABSENT AT THIS TIME
4. Aleha Dedeker, Oroville. .Mrs. Dedeker stated her concerns were
he same as Mr. Pontius. She felt there was a fire hazard as there is little
ater. Most fires go uphill. There is poor police protection. She indicated
n the map the location of her property.
WHEEZER PRESENT AT THIS TIME
Mr, Geddis stated it is indicated in the impact report the ground
ater was not available other than existing wells. This approval will be
onditional.
Hearing closed to the public and confined to the Board.
Mr. Castleberry replied to Chairman Lemke's question regarding the
parcel charge, there would be less than the road requirements if the
parcel charge were paid. It would be inconsistent if they worked on
ovements for all of the Forbestown Road.
Mr. Nelson stated he would need orie week to respond to>the comments
e before the Board today. The data on ground water is not available for
impact report.
Supervisor Dolan stated there was no study of the availability of
on other parcels. Does it decrease somewhere else. There is a need
Page 33.
July 8,1980
___-___=--==Jug 81980___________________
80- for offsite drainage improvements.
3
Supervisor Wheeler stated she felt police protection should be
readdressed in the impact report. In the later part of 1979 it was not
as great a concern.
Supervisor Winston stated in Mr. Nelson's memo of July 3, 1980
he indicated a one week continuance and work towards helping prepare the
motion. After reviewing the material and reading Mr. Pontius letter he
was in favor of approving this subdivision, but he will not be present
at next weeks meeting. He will not be present for this afternoons meeting
and will be gone for ten days.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, a motion of intent to approve the tentative subdivision map
for. Swedes Flat Subdivision (Robert Draper), 44 Iots, AP 72-29-26, AP 72-13-19,
4 and 5, west of Black Bart Road is. Swedes Flat area, east of Oroville was
approved; to work with Mr. Nelson and Mr. Del Siemsen, deputy county..counsel,
regarding the memo of Mre Nelson dated July 3, 19800
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolan
The hearing was continued to July I5, 19$0.
1124 CLARIFICATION`?OF PREVIOUS MOTION
'Day} B1ack'sroEk, :'~o~ntq~.cnnn"sel,.stated„Mr. HB~+s;would tike some
clarificatiQ~t on. the motion:<regarding.: hiss appeal. He stated it was his
understanding the Board sustained his appeal request on No. 2~ and only
required 24 feet in that portiono His other request for the 28 feet on
condition No. 11 was turned downo
The Board agreed this was their intent.
1125 COMMUNICATIONS
Isabelle Sims, Oroville. Mso Sims writes concerning data processing as it
applies to the law enforcement applications. Information; no
action taken. Supervisor Wheeler to invite Ms. Sims to tour
Data Processing.
Southern Adjustment Bureau, Inco, San Diego. The firm writes submitting
their claim for excess tax sale proceeds pursuant to-Revenue and
Taxation Code Section 4675 for parcel #s AP 61-31-47, AP 61-31-48,
AP 61-31-49 and AP 61-31-50. Referred to Auditor.
County of Yuba. The Yuba County Board of Supervisors writes giving 60 days
notice of termination of the data processing agreement with Butte
Countyo Referred to Data Processing Executive Committee.
Senator Ray Johnsono Senator Johnson writes concerning progosed PUC regulations
dealing with utility line extensions and allowances. Information;
no action takeno
State Department of Water Resources. The department forwards information
relative to their comments on a draft report prepared by the Rand
Corporation concerning efficient water use in California. Inform-
ation; no action taken.
Jury Reporto .Refer to Administrative Office to secure department
comments.
Chairman Lemke stated the Grand Jury Report was a good one, In
their recommendations they had listened to the Boards comments from prior
reports regarding fiscal restraints.
Page 3[E,,
July 8, 1980
Ju1y_8L 1980
$0- Supervisor Wheeler stated she felt it was a very effective and
~ diligently working Grand Jury. Everytime there was a Data Processing meeting
there was a member in attendence. .She would like to commend them for their
time and effort in this activity.
F. W. Case. Mr. Case sends a telegram appealing the decision of the
Planning Commission regarding a denied use permit and reclamation
plan on AP 47-23-55 to allow blasting, removal of riprap matarial•
and rock crushing. Set for public hearing on July 29, 1980 at
11:30 a.m.
Gary Martone, Forest Ranch, Mr. Martone writes appealing his denied rezone
on property located northwest of klighway 32 and approximately 300
feet northeast of Nopel Avenue, AP 63-11-24, 25, 26 and 27, Forest
Ranch. Set for public hearing on August 5, 1980 at 10:15 aom.
Emerald "C" Riwi Fruit Corporation, Carmichael. Mrs. Klein writes a letter
of protest regarding the Rock Creek Water Drainage District.
Information; no action taken.
1126 ADDITIONAL ITEMS FROM BOARD MEMBERS
Supervisor Dolan stated she had received a letter from Georgia
Watt regarding the Sacramento Assessment District.. ,The letter to the
Board will be on next weeks agenda.
Supervisor Wheeler spoke concerning Siskiyou County aerial spraying
and the resolution which was adopted by Nine Northern Counties Supervisors
Association in opposition.
Chairman Lemke stated a problem occurred when nothing came out of
the initial committee on Friday. At the Saturday morning session it was
brought up from the floor without benefit of the committee recommendation.
There would be differences between the various counties. It was felt if
something is controversial between the counties it should be left to the
individual countyo
There was a motion by Supervisor Wheeler, seconded by Supervisor
Moseley, to lend support to supervisors of Siskiyou County in opposition
to ordinance adopted by Nine Northern Counties.. Supervisors Association. -
Supervisor. Dolan felt it should be referred back to the Association
or procedures committee for a report.
Supervisor Wheeler stated she opposed it as it will be detrimental
to the forests.
Amended motion: and a letter be directed to Henry Reefer.
Vote on motion:
AXES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman
Lemke
Motion carried.
1127 SUPERVISOR MOS&LE3 tsPPOINTED TO AREA AGENCX ON AGING
Chairman Lemke stated he had - received a letter from Neil Harris
regarding the Omnihus project. He would like the commission on Aging to
back it.
- Page 35.
July 8, 1980
July 8, 1980
80- Supervisor Winston stated up until three months ago he attended
~' these meetings and for various reasons he has not attended during the past
few months. He would like to submit his resignation and have the Board
appoint someone else as the representative to the Senior Citizens Council
on Aging and to attend meetings of the Area Agency on Aging.
Supervisor Moseley agreed to represent the Board.
Chairman Lemke stated they accepted Supervisor Winston's resignation
and appointed Supervisor Moseley to the. Senior Citizens Council on Aging and
Area Agency on Aginga
1128 ADDITIONAL ITEMS BY BOARD MEMBERS
Chairman Lemke received a letter from Northern Valley Indian
Health, Inc. of Oroville regarding Catalyst and abuse to women and support
of Senate Bill 1246.
Clif Nickelson,-administrative officer, stated he had received
a letter from Chief Boullerjohn regarding Catalyts Crisis Program. Mr.
Nickelson stated he could get a report together on violerce in families,
child abuse and wife abuse by having staff from various departments come
and speak before the Board.
Supervisor Dolau stated she would like that. There is to be an
increase in marriage licenses and the fees are earmarked from $6,000 to
$8,000 for violence programs.
Administrative Officer is to schedule within the next two weeks
a time period for staff members of social services.
Chairman Lemke stated he had received a letter from Northern
California County Supervisors Association-. president stating a motion
was made at the 'June 21, 1980 meeting in Alturas to send a letter of
reminder to all Boards of Supervisors in the Northern California County
Supervisors Association stating no resolution be presented to NCCSA before
that resolution is passed by the Board of the county presenting the resolution.
1129 ADOPT RESOLT3TION 80-141 AND 80-142; ACCEPT CONTRACT FROM TOWN OF PARADISE
REGARDING ENVIRONMEI3TAL HEALTH FEE SCHEDi7LES
Dan Blackstock, county counsel,'stated they had prepared a different
resolution with the same charges they have authorized to be paid in Paradise.
Eventually it will be amended to the subdivision review part. He recommends
adoption of this resolution as the county will be charging the same as in
*~ Paradise.
Lynn Vanhart, environmental health director, set out the fee
schedule on the board which was in the resolution. The agreement with
Paradise is a rush agreement. They had a fee schedule for the Boards
consideration at budget time. Because of the contract that incorporated
certain fees into their schedule it threw the arrangement off, Their share
of services has been free regarding parcel maps and use permits. There
actually was an inequity between their rates and the proposed ones in Town
of Paradise but they forced our hands. There will be changes in the "Aunt
Minnie" feeso
There was a motion by Supervisor Winston, seconded by Supervisor
Moseley, that Resolution 80-141 implementing current fees far Environmental
Health Services be adopted and the Chairman authorized to sign.
Mr. Vanhart stated there would be some changes coming forward at
budget timed
Page 36.
July a, 19so
July 8, 1980
80-
b
Clif Mickelson, administrative officer, stated there was a concern
voiced regarding Proposition 13 and leveling fees. At the present time they
are correcting the $4 tax rate. Presently money being collected within the
incorporated area is being used for the unincorporated area.
Vote on motion:
Lemke.
AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman
Motion carried.
Mr. Blackstock stated he had reviewed the contract that Town of
Paradise presented. He would recommend it be approved as to form and at
the same time adopt a resolution for the same contract. This Board has no
jurisdiction to adopt these rates in Paradise. There is a 30 day notice
clause that either party may back out.
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, the contract that relates to Environmental Health
fees with. the Town of Paradise was approved and the Chairman authorized to
sign.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Resolution 80-142 setting out the fee schedule
for the Town of Paradise was adopted and the Chairman authorized to sign.
Supervisor Wheeler stated County Counsel had written an amendment
to the ordinance concerning dead animals. She would like to work with Counsel
and Dr. Svihus concerning this ordinance and bring it back before the Board-,
next week. .There was discussion as to whether the word should be livestock
or animals.
1130
Chairman Lemke read an article at this time regarding the importance
f one vote. At a previous meeting an individual had commented one vote was
of important.
1131
12:03 p.m.
ENE: 1:43 p.m.
WINSTON ABSENT AT THIS TIME
There was a report and discussion of plans concerning the Chico
Gridley libraries at this time.
1132
Chairman Lemke stated this was not budget discussion. Budget
session will begin July 15, 1980 at 1:30 p.m.
1. Joe McGee, Gridley. Mr. McGee stated he was a member of the
uilding committee of a new library in Gridley. He was reminding the Board
f a previous commitment of November 1978. They have found a location site
t Haskel and Spruce Street for $50,000, Mr. Gordon Northern has drawn up
he proposed plans. The current building was built in 1916. It is too small
nd is difficult for older individuals to gain access.
Chairman Lemke stated Supervisor Winston had asked to be excused
today. He has been involved in all the plans and figures .and is well aware
of the cost plans and needs and has been directly involved in the process.
2. Josephine Terry, county librarian. Mrs. Terry stated she would
ike to speak to the Chico LibrasyyG'' The Gridley library is not as advanced in
Page 37.
July 8, 1980
.Tu1y 8, 1980
80-
their plans. She has been working with staff, Board members and Loren
Thompson the architect. Mrs. Terry set out the background on the library
project. Their goal is to make material acceptable with a minimum and _'
sufficient staffing. They have planned for better parking facilities.
There will be room for expansion and used energy conservation in the plans.
The new location would be at East First Avenue and Sherman. Mrs. Terry
indicated on a drawing of the library where each -section would be located.
Chairman Lemke stated the drawing of the Gridley library was posted.
They are not as far along as the Chico Library.
People in the audience held up library books and iaaived them.
3. Tohn Nople, Chico. Mr. Nople stated these-book worms were
interested in having the library built. He hoped the Board could provide
for construction of the library. In May 1976 the old library was determined
to be inadequate. Since then the county has grown.
4, Maxine McCullough, Chico.. Mrs. McCullough commented on the
delays of the building due to other problems such as the earthquake. She
felt if the funds got into the General Fund they would be lost to the library.
She noted there was a big cry for fire and police protection. They realize
this is a valid concern but they move to unincorporated areas and should
tax themselves. Mrs. McCullough suggested a two year commitment. She.felt
it would take a second year to complete the building. The Friends of the
Library has a group working on this and to determine if a grant would be
available. Grants usually need matching money. Inflation is making the
costs go `.higher.
Gerald Lively, deputy administrative officer, set out the background
on the Chico library. The property was purchased two and one~half years ago
for $275,000 with an option to use a half acre for parking. They have
committed themselves to $85,000 on design and it has been expended. They are
ready to go to bid. .One half of one percent is for consultant costs.
Gridley purchased their property for $50,000 with $18,750 for architect fees.
The estimated cost for Griley is $468,750. There is 5,000 square footage
in the proposed Gridley library with construction estimate at $373,750;
furnishings, $50,000 and professional services $45,000.
Mr. Lively stated at the Chico library the estimated cost of the
project is $2,038,0020 There is 23,270 square footage with the construction
estimate to be $1,739,432; furnishings $150,000 and professional services
$148,570. The construction costs are increasing one percent to one and a half
percent per month.
5. Ted Meriam, Chico. Mr. Meriam felt a library is a life time
friend. He has been working with the Friends of the Library. He felt a
library is an inspiration and could effect lives. He felt priorities should
be rearranged. He asked that the library not be placed low on the priority
list.
6. Anne Longza, Chico. Mrs. Long~a read into the record a letter
from Wa H, Hutchinson in favor of the library.
1133 LETTER OFC 'rTON'°~TO BE SENT TO ARLEN CARTWRIGHT
Supervisor Wheeler stated she had just been notified that Arlen
Cartwright, fire warden, had been replaced by an individual from Sacramento.
She would like a letter sent to Mr. Cartwright commending him fox all the
work and effort he has put forth since the Board appointed him, Supervisor
Wheeler-plans to continue working with him.
Page 380
July 8, 1980
July $, 1980
80- ADJOURNMENT
$ There being nothing further before the Board at this time, the
meeting was adjourned at 2:20 p,m, to reconvene on Tuesday, July 15, 1980
aY ASnn A„m ..
9TTEST: CLARK Aa NELSON, COUNTY CLERR-
REC RDER and ex-officio Clerk.
o he Board of Supervisors
By
Page 390
CHAIRMAN, Board of Supervisors
July 8, 1980