HomeMy WebLinkAboutM071079July 10, 1979
STATE OF CALIFORNIA )
SS.
COUNTY' OF BUTTE )
79- The Board of Supervisors met at 9:00 aiom. 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, by Cathy Pitts, assistant clerk to the Board.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
"I 1111 ~ APPROVAL . ':OF MINUTES
On motion of Supervisor Dolan, seconded by Supervisor Moseley
and unanimously carried, the minutes of June 26, 1979 were approved as mailed.
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APPROVE PROSPECTORS DISPLAY OFFER TO DESIGN AND PLACE BUTTE COUNTY DISPLAY
IN 1979 STATE FAIR AT NO COST TO COUNTY
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the Prospectors Display offer to design and place
Butte Caunty display in the 1979 State Fair at no cost to the county was
approved,
ADOPT RESOLUTION 79-123 SETTING PUBLIC HEARING DATE RE: REORGANIZATION
AND INCORPORATION OF AREA INCLUDID IN PARADISE FIRE PROTECTION DISTRICT
It was moved by Sugervisor Winston, seconded by Supervisor Wheeler
that Resolution 79-123 setting a public hearing date of July 31, 1979 at
10:15 a.m. for consideration of reorganization and incorporation of area
included in the Paradise Fire Protection District be adopted and the
Chairman authorized to sign.
Chairman Lemke stated that he disagreed with the boundaries
as proposed.
Supervisor Dolan felt that the hearing should be conducted in
Paradise. She felt it was the responsibility of local government to
meet in the area in the evening.
Supervisor Winston amended his motion to change the time from
10:15 a.m. to 2:00 p.m. in the Board of Supervisors Room.
Amended<motion-,dies forrlack of second.
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On motion of Supervisor Winston, seconded by Supervisor Wheeler
end unanimously carried, Resolution 79-123 setting a public hearing date
of July 31, 1979 at 8:00 p,m. in the Paradise Memorial Hall for consideration
of reorganization and incorporation of the area included in the Paradise
dire Protection District was adopted and the Chairman authorized to sign.
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, Resolution 79-124 approving the following contracts
with the California Youth Authority was adopted and the Chairman authorized
to sign:
1. Diagnostic services not to exceed $10,000
2. "Z" Contract not to exceed $25,000.
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CONSIDERATION OF ADOPTION OF BCAG COOPERATIVE AGREEMENT - CONTINUED TO JULY 17
~1979T ~~
It was moved by Supervisor Winston, seconded by Supervisor Wheeler
that the BCAG cooperative agreement be adopted.
Supervisor Dolan asked that this matter be held over for one week.
She would like more chance to study the old agreement o.
Chairman Lemke advised that the only things that were being
dropped were the things that BCAG has not been involved in. They would
not have to worry about ratification of each BCAG agencya These changes
were the result of a committee meeting.
Motion withdrawn.
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The matter was continued to July 17, 1979. Supervisor Dolan.
o be given a copy of the old agreement.
APPROVE SECURITY AGREEMENT BETWEEN COUNTY OF BUTTE AND CALIFORNIA STATE
UNIVERSITY, CHICO (CSUC) '
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the security agreement between the County of
Butte and California State University, Chico (CSUC) to provide Sheriff
Department reserve officers for security on certain occasions at the
CSUC campus Wes approved and the Chairman authorized to sign.
ADOPT RESOLUTION 79-125 AUTHORIZING COUNTY AUDITOR TO PERFORM FUNCTIONS
OF THE BOARD OF SUPERVISORS TO REPLENISH CASH DIFFERENCE FUNDS AND TO
TRANSFER MONEY IN THE OVERAGE FUND TO THE COUNTY GENERAL FUND
On motion of Supervisor Winston, seconded_by Supervisor Moseley
and unanimously carried, Resolution 79-125 authorizing the County Auditor
to perform the functions of the Board of Supervisors to replenish cash
difference funds and to transfer money in the overage fund to the county
general fund was adopted and the Chairman authorized to sign.
ADOPT RESOLUTION 79-126 INCREASING CASH DIFFERENCE FUND IN OROVILLE 3USTICE
COURT FROM $25 TO $50
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, Resolution 79-126 increasing cash difference fund
in the Oroville Justice Court from $25 to $50 was adopted and the Chairman
authorized to sign.
ADOPT RESOLUTION 79-127 DESIGNATING COUNTY WELFARE DEPARTMENT AS SOCIAL
SERVICES PLANNING AGENCY FOR BUTTE COUNTY
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, Resolution 79-127 designating the County Welfare
Department as the Social Services Planning Agency for Butte County pursuant
to AB 1642, which added section 10132 to the Welfare and Institutions Code
was adopted and the Chai rman authorized to sign.
APPROVE AGRICULTURE COMMISSIONER'S SALARY SUPPORT AGREEMENT WITH STATE
DEPARTMENT OF FOOD AND AGRICULTURE
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the Agriculture Commissioners salary support
agreement with the State Department of Food and Agr~.c1?lture was approved
and the Chairman authorized to sign.
APPROVE LEASE AGREEMENT TO CONTINUE RENTING PROPERTY IN GRIDLEY FOR GRIDLEY
HEAD START PROGRAM
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the lease agreement to continue renting property
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in Gridley for the Gridley Head Start program for a twelve-month lease at
$125 per month was approved and the Chairman authorized to sign.
APPROVE CRISIS INTERVENTION PROGRAM CONTRACT AND PROGRAM AMENDMENT ~F.OC)
It was moved by Supervisor Moseley, seconded by Supervisor Wheeler
that the contract and program amendment for the Crisis Intervention Program
funded by the California State Office of Economic Opportunity be approved
and the Chairman authorized to sign.
Discussion of the Crisis Intervention Program and Emergency Energy
Assistance Program held at this time.
James McNaughton, EOC director, set out the background of the
two programs. The Crisis Intervention Program allows for the paying of
utility bills for individuals. This pragram allows them to do a number
of other things. It has to relate to energy conservation. Both of these
programs were brought about due to the severe winter when utility bills
were extremely high. The Crisis Tntervention Program is now an on-going
program. The Emergency Energy Assistance Program is not an on-going
program. The Crisis Intervention Program had $5,516 which was spent
very quickly. The maximum allowable expenditure per person was $250.
They probably serviced close to 30 people.
Vote on motion:
AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman
Lemke
NOES: Nane
Motion carried.
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APPROVE EMERGENCY ENERGY ASSISTANCE PROGRAM CONTRACT AND PROGRAM
AMENDMENT (EOC)
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the contract and program amendment for the
Emergency Energy Assistance Program funded by the California State Office
of Economic Opportunity which raises the income eligibility guidelines to
those of the Community Service Administration was approved and the
Chairman authorized to sign.
ACCEPT GRANT AWARD FOR $10,000 FROM COMMUNITY SERVICES ADMINISTRATION FOR
SUMMER YOUTH RECREATION PROGRAM
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the grant award for $10,000 from the Community Services
Administration for the Summer Youth Recreation Program was accepted and
the Chairman authorized to sign the grant award and signature card,
AYES: Supervisors Dolan, Mw eley, Wheeler and Chairman Lemke. NOES:
Supervisor Winston.
AUTHORIZE CHAIRMAN TO SIGN CERTIFICATE OF APPRECIATION FOR MR. BILL STAFFORD
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the Chairman was authorized to sign a Certificate
of Appreciation for Mr. Bill Stafford who will retire July 1, 1979 after
zaving been in the employ of the Butte County Fire Department since 1948.
PUBLIC HEARING DATES SET
A public hearing date of July 24, 1979 at 10:00 a.m, was set
Eor the following:
1. Ruby L. McNally - petition for variance to Sections 19-10
and/or 19-12 of the Butte County. Code far placement of a mobile home on
AP 044-33-0-093-0, Rt. 5, Box 654 L, Chico. Zoning: .A-2.
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2. Harold J. & Ruth E. Laney - petition for variance to Sections
19-10 and/or 19-12 of the Butte County Cade for placement of a mobile home
on AP 28-19-26, 305 Dunstone Drive, Oroville. zoning: A-5.
C0~3TRACT. WITH CALIFORNIA STATE UNIVERSITY, CHICO TO PROVIDE PSYCHIATRIC
CONSULTATIVE SERVICE TO CHICO STUDENT HEALTH SERVICE AND COUNSELING CENTER
CONTINUED TO JULY 17, 1979 FOR PRESENTATION BY DR. MAGUIRE
Tt was moved by Supervisor Winston, seconded by Supervisor Wheeler
that the contract with California State University, Chico (CSUC) to provide
psychiatric consultative services to the Chico Student Health Service and
Counseling Center in the amount of $12,600 be approved and the Chairman
authorized to sign.
contract.
Supervisor Wheeler stated that she had concerns about this
Motion withdrawn.
The matter was continued to July 17, 1979 with Dr. Maguire
to be present.
DENY REQUEST FOR PENALTY RELIEF
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the request for penalty relief for Fred Ehrensvard
for AP 3 9 32-30 was denied.
ACCEPT RECOMMENDATION OF PUBLIC WORRS AND APPROVE INCLUSION OF KEEPER
ROAD AND COHASSET ROAD IN THE FAS PROJECTS IN THE 1980 PROPOSED STIP
Clay Castleberry, public works director, stated that the Board
had asked that Cohasset Road be included in the five-year STiP but with
no thought of financing. This was the same with Keefer Road, if these
roads are not placed under FAS projects, he did not know where the funding
would come from. This would allow them to do some planning. The county
does receive a share of the timber. They receive about $200,000 per year
more or less for the roads in Butte County. There is probably not enough
money to take care of these two roads.
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the recommendation of the Public Works Director
was accepted and Keefer Road and Cohasset Road were included in the
FAS five-year program STiP.
APPROVE PUBLIC WORKS ITEMS
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the following Public Works items were approved:
1. Approved the Oroville Area Transportation Services Agreement
for Senior Citizens and the Handicapped FY 1979-80 (Oroville, $67,000 and
Butte, $43,000) and the Chairman authorized to sign.
2. Approved Linda Gardens Unit ~~6 final subdivision map, accepted
public utility easements, drainage easements and road easement offered for
dedication and authorized the Chairman to sign the subdivision agreement.
1RANT PERMISSION TO CROSS ONE-FOOT ACCESS STRIPS - LOMA VISTA DRIVE, HUNTER
DRIVE AND MELROSE DRIVE, COPELY ACRES SUBDIVISION. OROVILLE
Clay Castleberry,. public works director, set out the background
of the requests to cross the one-foot access strips on Loma Vista Drive,
Hunter Drive and Melrose Drive, Copely Acres Subdivision, Oxoville.
the county took deeds for the one-foot strips to insure access if construction
were to go on through on these. streets. In this case he did not feel that
it was necessary. He asked that-the Board consider authorizing permission
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to cross the.one-foot strips with the conditions: (1) that no further
divisions be made; and (2) an offer of dedication through parcel 1 for
future development of that property be made at this time. This property
is on community sewer. The zoning is "R-1" or "A-2:'
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, permission to cross the one-foot strips on Loma
Vista Drive, Hunter Drive and Melrose Drive, Copely Acres Subdivision,
Oroville was granted with the conditions: (1) a note be placed on the
map that no further division be made; and (2) anc., offer of dedication
through parcel 1 for future development of that property be made at this
time.
GIVE ASSURANCE THAT BUTTE COUNTY INTENDS TO KEEP TABLE MOUNTAIN BRIDGE
FORA BICYCLE PEI SYRIAN PATH
Clay Castleberry, public works director, stated that he had
received a call from the Historical Preservation organization regarding
Table Mountain Bridge. They feel that the bridge should be a national
historical monument. It is the oldest bridge of its type in California.
Assurance was given that Butte County intends to keep Tab 1e
Mountain Bridge for a bicycle and pedestrian path.
CONFIRM APPOINTMENT TO KIMSHEW CEMETERY DISTRICT
On motion of Supervisor Lemke, seconded, by Supervisor Winston
and unanimously carried, the appointment of Florence Brower to the
Kimshew Cemetery District was confirmedo
APPOINTMENT TO OVERALL ECONOMIC DEVELOPMENT PLAN - CONTINUED TO JULY 17,
1979
The appointment to the Overall Economic Development Plan was
continued to July 17, 1979.
AMEND RESOLUTION 79-123 TO CHANGE HEARING PLACE FOR CONSIDERATION OF
REORGANIZATION AND INCORPORATION OF AREA INCLUDED IN PARADISE FIRE PROTECTION
DISTRICT
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, Resolution 79-123 setting a public hearing date
for the reorganization and incorporation of area included in Paradise
Fire Protection District was amended to read Paradise Justice Court
instead of Paradise Memorial Hall.
E~CECUTIVE SESSION: The Board recessed at 9:40 a.m. to hold an executive
session regarding litigation.
RECONVENE: The Board reconvened at 10:14 a.m. following an executive
session regarding litigation. Nothing to report at this time.
PUBLIC HEARING: REP~ROGRAMNffNG HOUSING AND COMMUNITY DEVELOPMENT FUNDS (HCD)
The public hearing on reprogramming of Housing and Community
Development funds was held as advertised.
Ward Connerly, Connerly and Associates, set out the background
of the request to reprogram Housing and Community Development funds.
In 1978-79 the county had $450,000 for HCD. This was allocated as
follows: $256,000 for E1 Medio and $194,000 for Chapmantown. There
were several activities in each .area. Mr. Connerly set out the budget
for Chapmantown at this time:
New construction - $20,000
Relocation - $20,000
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July 10, 1979
July 10, 1979
79;- Acquisition and_Demolition - $61,000
d' Public Works projects - $35,000
Rehabilitation - $58,000
Management - None
Mr. Connerly stated that they have acquired two parcels with
three structures in Chapmantown. Of the two parcels they had two people
who qualified for relocation. There will be no future acquisition in
Chapmantown. They have received applications for rehabilitations These
are not good for rehabilitation. The income is much lower in this area.
They do not have the money for rehabilitation for the number of applications
that have been receiveda~ They have reached the critical point as fa r. as
public works. To have a comprehensive program they must use public works
and do a variety of things. There is a great deal of controversy in
the City of Chico because of using block grant funds for rehabilitation.
The City of Chico applied for $500,000, They made an allocation for public
marks. There was opposition to using that money for public works projects.
Mr. Connerly stated that at earlier meetings with the Board,
he suggested that they back off in the Chapmantown area: The main reason
they were not funded is because Butte County is trying to sustain two areas
equal in need. They cannot demonstrate the need in two areas. He felt
the county has to complete E1 Medio before it moves on to Chapmantown.
Mr. Connerly set out the request for a revised budget in
Chapmantown as follows:
New construction budget - reduce from $20,000 to $1,000
Relocation budget - reduce from $20,000 to $13,000
Acquisition and Demolition budget - reduce from $61,000 to
$45,000.
Public Works budget - increase from $35,000 to $51,000
Rehabilitation budget - reduce from $58,000 to $44,000
Total reduction in Chapmantown from $194,000 to $159,000
Mr. Connerly stated that they are operating within a one block
area in Chapmantown. There are about 27 structures; 11 are delapidated,
7 are marginal, 2 are sound and the remainder are fair, The reduction
in the Chapmantown budget is proposed to be added to the E1 Medio budget.
Mr. Connerly set out the request for a revised budget in
E1 Medio as follows:
$14o,ooa.
New construction budget - decrease from $33,000 to $6,000
Relocation budget - reduce from $39,000 to $13,000
Management budget - $14,000
Acquisition and Demolition budget - increase from $71,000 to
Rehabilitation budget - increase from $43,000 to $93,000
Public Works budget - reduce from $56,000 to $21,000
Total increase in E1 Medio budget from $256,000 to $291,000
with $35,000 coming from Chapmantown budget.
Mr. Connerly stated that the application for the WPA ditch is
pending. He has been told that if the money becomes available in October
the county will be one of the-first to receive the funding. He felt that
the money should be used for rehabilitation out of the block grant funds
and worry about the ditch later. Tf the Board approves this budget
transfer, they are re-affirming the notion .that E1 Medio will have
the concentration of work done.
Page 454. July 10, 1979
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79:- Supervisor Dolan wondered in what fiscal year the work would
3,' be done fn E1 Medio. This would be in trying to keep in a holding
pattern and maintaining some effort in Chapmantown and accomplishing
the effort in E1 Media.
Mr. Connerly felt that this was accurate. The county encouraged
the City of Chico and others to look at Chapmantown. HUD changed their
viewpoint and now the county must concentrate in one area. The situation
is that the county cannot get funds if they do not go into E1 Medio and
finish it off, He felt the county should pull out of Chapmantown for the
next preapplication which may be one or more years. Mr. Connerly set out
the location in the E1 Medio area at this time. He is now talking about
a smaller area than had been considered five years ago. Every house will
not be completedo After that has been done the county can go back into
Chapmantown. There will be still CHFA money and the three sites of the
county and some Section 312 efforts made in Chapmantown. He has not
heard anything on the innovate grant proposal that was submitted.
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 Moseley
and unanimously carried, the Housing and Community Development funds were
reprogrammed as follows:
Chapmantown area budget
New construction budget - reduce from $20,000 to $1,000
Relocation budget - reduce from $20,000 to $13,000
Acquisition and demolition budget - reduce from $61,000 to $45,000
Public Works budget - increase from $35,000 to $51,000
Rehabilitation budget - reduce from $58,000 to $44,000
Total reduction:- from $194,000 to $159,000
E1 Medio area budget
New construction budget - decrease from $33,000 to $6,000
Relocation budget - reduce from $39,000 to $13,000
Management budget - $14,000
Acquisition and Demoliton budget - increase from $71,000 to $140,000
Tehabilitation budget -increase from $43,000 to $93,000
Public Works budget - reduce from $56,000 to $21,000
Total increase from $256,000 to $291,000
1137 ADOPT RESOLUTION 79-128 PUBLIC HEARING: COUNTY SERVICE AREA NOe 59 (PARK
VISTA STREETLIGHTS) CHICO - CONSIDERATION OF DISTRICT FORMATION AND _
ESTABLISHMENT OF PER PARCFI,SERVICE CHARGE
The public hearing on consideration of formation of County
Service Area No. 59 (Park Vista streetlights) Chico and establishment
of a $10072 per parcel service charge was held as advertised.
C1if Mickelson, administrative officer, set out the background
of the district formation. This was a request from the people within the
communityo It was referred to LAFCo and referred back to the Board.
The funding for the streetlights would be handled through .establishment of
a $10.72 per parcel charges.
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July 10, 1979.
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 Dolan
and unanimously carried, Resolution 79-128 forming County Service Area
No. 59 (Park Vista streetlights) Chico and setting a per parcel service
charges of $10.72 was adopted and the Chairman authorized to sign.
ADOPT ORDINANCE 2033: PUBLIC HEARING: R. C. ROBERTS - PROPOSED NEGATIVE
DECLARATION AND REZONE FROM "C-C" (COMMUNITY COMMERCIAL) TO "MHP" {MOBILE
HOME PARK) PROPERTY LOCATED ON THE WEST SIDE OF HICKS LANE, APPROX. 400
FEET NORTH. OF EATON ROAD IDENTIFIED AS A PORTION OF AP 44-44-63 CHTCO
The public hearing on R. C. Roberts proposed negative declaration
and rezone from "C-C" (community commercial) to "MHP" (mobile home park)
property located on the west side of Hicks Lane, approximately 400 feet
north of Eaton Road, identified as a portion of AP 44-44-63, Chica was held
as advertised,
Earl Nelson, environmental review director, set out the background
of the negative declaration. This property is actually a portion of a
larger project that received approval several years ago. The property
is a 2.1 acre site that will accomodate 19 spaces of a proposed 212 mobile
home park. The checklist in the text described all of the impacts of
the mobile home park as a whole. This is being used for the 19 spaces
and there were no significant impacts when viewed in light of the existing
park and the potential impacts of the present zone. The impacts are less
intense than the development. The impacts are traffic, increase in drainage,
loss of agriculture land and the change in the character of the area. He
recommended a negative declaration.
Bettye Blair, planning director, set out the background of the
rezone. The Planning Commission recommended approval of the additional
areao The mobile home park has been developed for several yearso In
subsequent parceling 100 feet of the property was within the "C-C" zoning
that was part of the mobile home park proposal. The applicant has
submitted a development plan far development of the park. It would require
the additional 100 feet, This is in conformity-with the General Plan.
This is the only other property under the same ownership.
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 Dolan
snd unanimously carried, finding the proposed project could not have a
significant effect on the environment, a negative declaration was accepted.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, noting the proposed negative declaration .:has been
considered and the project is contiguous to the existing mobile .home park
and is a proper enlargement of the rezone; the rezone from R. C. Roberts
:rom "C-C" (community commercial) to "MHP" (mobile home park) property
located on the west side of Hicks Lane, approximately 400 feet north of
'saton Road, identified as a portion of AP 44-44-63, Chico was approved
'finding it is in compliance with the General Plan; Ordinance 2033 was
adopted and the Chairman authorized to sign.
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PUBLIC HEARING: RICHARD PAYNE -APPEAL OF NEGATIVE DECLARATION AND TENTATIVE
PARCEL MAP APPROVED BY..ADVTSORY AGENCY, THREE LOTS, AP 54-21-08, WEST SIDE
OF CHANEY LANE APPRO%o 300 FEET SOUTH OF FICKETT LANE, PARAD25E
The public hearing on the Richard Payne appeal of negative
declaration and tentative parcel map approved by the Advisory Agency, three
lots, AP 54-21-08, west side of Chaney Lane, approximately 300 feet south
of Fickett Lane, Paradise was held as advertised.
Clay Castleberry, public works director, set out the background
of the tentative parcel mapo This is an appeal of the neighboring property
owner. The land gently slopes. Mro Mathews concern was the runoff of
surface and septic watero He has a swampy condition on his property and
feels this would aggravate it'. ,The Health Department did not see fit to
turn down the parcel map.
Earl Nelson, environmental review director, set out the
background of the negative declaration. The area is tree and brush covered.
The slope ranges from 12% to 30%a This property is the developing of
residential parcels from one-half to five acres in the general area.
The General Plan indicates the area for medium low density residential
use. The Health Department felt that the soil was of sufficient depth
and the percolation for a sufficient area. These are parcels of one
acre.
Hearing open to the public. Appearing:
1. W. D. Mathews. Mr. Mathews asked that the letter of appeal
he had written be read into the record.
Chairman Lemke read Mr. Mathews letter at this time.
2. Richard Payne. Mro Payne stated that the land slopes to
Dry Creek. There nave been proposals up to seven lots in the area.
He is proposing over one acre parcels. The slope of land is from 9% to
30% back dawn to 20%. Mr. Mathews property is located on the northern
portion of his property. He has an open area that has been a bog, Mr.
Mathews is reluctant to offer an easement through his property for
drainage. Mr. Payne stated that he was willing to put conduit underground.
He put a french cut along the west property line,
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, finding the proposed project could not have a
significant effect on the environment:,. a negative declaration was accepted.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, based on the representations made by the Director
of Public Works and the Health Department, the appeal of W. D, Mathews was
denied and the tentative parcel map for Richard Payne for three lots,
AP 54-21-08, west side of Chaney Lane, approximately 300 feet south of
Fickett Lane, Paradise was approved subject to the following conditions:
I. Provide water service from the Paradise Irrigation District,
2. Verify legal access.
3, Provide two-way traversable access RS-10-LD~II to each parcel from
a county maintained road or state highway.
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July 10, 1979
July 10, 1979
4. Access to be reserved in deeds as per County Ordinance and offered
for dedication on the final map.
5o Show 50-ft. building setback line measured from centerline of access
easement.
6. Provide road maintenance agreement.
7. Show all easements of record on the final map.
8. Provide street name signs per requirements of the Department of Public
Works prior to recordation of the final map.
9. Provide permanent solution for drainage.
10. Segregate or pay off any assessments.
11, Provide cul-de-sac at the end of the street.
L2. Obtain encroachment permit and construct standard road approach
groviding adequate sight distance.
13. Obtain encroachment permit for all driveways.
14. Pay any delinquent taxes.
L5. Meet the requirements of the Butte County Fire Department.
L6. Provide 60 feet of access easement to each parcel from a County
maintained road.
L7. Verify legal ownership of Parcel Number 54-21-08.
1140
PUBLIC HEARING: CHEMTEC, INC. - APPEAL OF CONDITIONS ON PROPOSED NEGATIVE
DECLARATION AND USE PERMIT TO ALLOW STORAGE OF INFLAMMABLES ON PROPERTY
ZONID "M-2" (HEAVY INDUSTRIAL) LOCATED ON THE SOUTHWEST CORNER OF ENTLER
AVENUE AND NORFIELD WAY IDENTIFIED AS AP 40-40-17 CHICO
- The public hearing on Chemtec, Inco appeal of conditions on
proposed negative declaration and use permit to allow storage of inflammables
on property zoned ^'M-2 " (heavy industrial) located on the southwest corner
of Entler Avenue and Norfield Way, identified as AP 40-40-17, Chico was
held as advertisedo
Earl Nelson, environmental review director, set out the
background of the negative declaration. This parcel is in the Southgate
Industrial Park. Some buildings are 60 £eet from the proposed tanko Ile
reviewed the letter from the Fire Department who had concerns about fire
protection in this area. The Fire Department recommended that the tank
be stored underground. The Planning Commission altered the negative
declaration to a conditional negative declaration. They placed the condition
that the tank be placed undergroundo
Bettye Blair, planning director, set out the background of the
use permito The Planning Commission approved the use permit with one
condition. The Board has copies of the Planning Commission reporC.
Supervisor Winston stated that in the letter from Chemtec they
felt that they were being discriminated against as there are 12 similar
tanks in the same industrial complex.
Page 458.
July 10, 1979
79-
3
~. _ _ _ _ - - _ _ Ju1y_ 10 ~ 1979 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Ms. Blair stated that the Planning Commission was aware of
this. It was their feeling that they were not going to compound the
problem. The fire protection agencies have always been concerned about
that development with the flammable materials.
Hearing open to the public. Appearing: Dick Curtis, representing
Chemtec. Mr. Curtis stated that he knew there is a problem as far as
fires. This would be one of the safer tanks in that the pump is enclosed.
The tanks sit,. on the ground and there is no above ground elevation.
Some of the tanks have been installed within the last 12 to 15 months as
newer tenants have moved ino Chemtec does not own the property. There
is a butane installation behind their property, The tank would probably
be 25 feet away from any trucks that go out of the area. This tank is
used to fuel the companies own truckso
Hearing closed to the public and confined to the Board.
It was moved by Supervisor Dolan, seconded by Supervisor Winston
that although the proposed project could have a significant effect in
this case because the mitigation measures described below has been added
to the project and a negative declaration was recommended:
1. Storage tank to be underground only, as per Butte County Fire Department.
Mr: Nelson,stated that his office recommended a negative declaration
and the Planning Commission changed it to a conditional negative declaration,
It did warrant enough an environmental impact report.
Vote on motion:
AYES: Supervisor Dolan
NOES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
Motion failso
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, finding the proposed project could not have a significant
effect on the environment, a negative declaration was accepted with item
i4,~1 on the checklist to be changed to read No instead of Maybe. AYES:
Supervisors Moseley, Wheeler, Winston and Chairman Zemke, NOES:. Supervisor
Dolan.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, based upon the statements that have been made here today and
the material handed this Board in connection with the appeal and in view
of the fact it would appear that not granting the permit for an above-
ground storage of gasoline would constitute prejudice against Chemtec in
view of the fact that many others are installed, finding that an above-
ground storage of gasoline presents little greater risk than above-ground
storage of butane; the appeal of .Chemtec was upheld ; finding that the use
will not impair the integrity and character of the zone in which the. land
lies and that the use would not be unreasonably incompatible with or
injurious to surrounding properties or detrimental to the health and
general welfare of the persons residn.ng or working in the neighborhood or
to the general health, welfare and safety of the county and the use
permit for Chemtec was approved. AYES: Supervisors Moseley, Wheeler,
Winston and Chairman Lemke. NOES: Supervisor Dolano
Page 459.
July 10, 1979
79
v
1141 I
~________====,Tu1y 10,1979__________________
RECESS: 11:17 a.m.
RECONVENE: 11:27 a.m<
ADOPT RESOLUTIONS 79-129,. 79-130,.79-131 & 79-132: PUBLIC HEARING:
CLARK ROAD ASSESSMENT DISTRICT N0. 2.- DETERMINATION OF PUBLIC CONVENIENCE
AND NECESSITY AND HEARING OF PROTESTS
' The public hearing on Clark Road Assessment District No. 2
determination of public convenience and necessity and hearing of protests
was held as advertised,
Robert Brunsell, bond counsel, set out the background of the
hearing. This is the only public hearing on the proposal to assess
property for curb, gutter, sidewalks and driveways. This is being done
in connection with the work being done by the county. There are four
letters of protest on file.
Letter of protest: Mrs. Vera Butler, Assessment No. 137;
Paul L, Smith, Assessment No. 234; Sack A. Smith, Assessment No. 206 & 207;
William E. Brewster, Assessment No. 227.
Hearing open to the public. Appearing:
1. Henry S. Abbott. Mr. Abbott submitted a letter of protest
to the sidewalk in front of his property, Assessment-No. 203, AP 53-040-007.
He did not feel that the sidewalk was necessary. His letter refers to
Assessment ~k303 and should be 4F203.
2. Jack Smith. Mr. Smith stated that he had forwarded a letter
to the Board setting out four items of interest. Since the time the county
has been working on the road, his property was broken into and $500 worth
of items were stolen. He protested the concrete curbs, gutters and
sidewalks. On Elliott Road there are substandard sidewalks, curbs and
gutters. These are blacktop. There are fewer businesses on Clark than
on Elliott. He wondered why there was a need for a sidewalk on both sides
of the street. There are great distances of nothing. He wondered why
the hearing was being held after significant work has been done on Clark
Road. Mro Smith stated that the improvement assessment on AP 53-011-29
is for a 20 foot strip. The assessment of $534 encompasses more real
estate taxes than has been paid on that property for a good many years.
This is 120% of the real property value as estimated by the Assessor
on the latest assessment roll. The assessment on AP 053-040-032 is 43/
of the real value of the property as established by the Tax Department.
This amounts to $6,166. He protested the assessment costs. He requested
relief from these assessment taxes in some manner.
Dan Blackstock, county counsel, questioned Ron McElroy, Cook
and Associates, regarding the assessment on the 20-foot strip of land.
It appears as a separate assessment. He wondered if the assessments
were made against the parcels that the assessments benefit as distinguished
from separate assessments themselves. Was this a driveway situation?
Ron McElroy, Cook and Associates, stated that this was not a
driveway. The assessment is based on the frontage of that parcel.
Mr. Blackstock stated that he was concerned with the assessment
on the 20-foot parcel, It is an illegal parcel. A person could not build
on a 20-foot strip.
Mr. Smith stated that he had retained this strip of land for
access to a parcel directly to the north. The people come out on Central
Park and do not use this as an.access. He did not sell this property for
accesso Page 460.
July 10, 1979
79=
Jul _ 10 1979
_ _ _ _ _ _ _ _ _ _ _ _ _ _y -'- _ _ _ _ _ _ _ _ _ _ _ _ _ - -- - _
Mro Blackstock could see no reason to have these as separate
bonds. There should be one bond covering both parcels.
Mro McElroy stated that the approximate cost for curb, gutter
and sidewalk is different from curb, gutter and driveway.
2. Charles Berton Mr. Berto stated that he objected to th®
sidewalk portion of the assessment. Hds property is Assessment No. 101.
Sidewalks are not necessary judging from the foot traffic.
3. Orville Litchison, representing Richard 'Nivison Assessment
No. 2i4, AP 053-011-095. Mr. Litchison stated that the property was
on the corner of Bills and Clark Roads. He did not feel that curb,
gutter and sidewalks were necessary. It will be quite high for
undeveloped property.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the hearing was closed to the public.
Clay Castleberry, public works director, stated that the
project is the extension of curb and gutter from the Elliott to Pearson
project. He recommended that this be extendedo The previous Boaxd
concurred that the main roads such as Clark and the Skyway should have
concrete sidewalkso The local streets could have asphalt sidewalks.
There are some asphalt side walks on Elliott Road for the present time
but will be changed to concrete sidewalks as the area develops. The
previous decision was that there would be concrete sidewalks on Clark
Road. This is a very complex project. The reason that work has been
done is because there was a need to allow the utility companies to go
in and do the work before the road widening project was startedo If
all of the work had been done at once the road would have had to be closed
entirely. The cost is about $20 per foot for the curb, gutter and
sidewalk. This is the built in cost of going through an assessment
district. The bids and assessments are about 15% on the average less
than anticipated. This will be a four-lane road and there will be
sidewalks on both sides of the street.
Mr. Castleberry stated that the sidewalks would be four-foot
sidewalks. Tf a person had the money available they could get them done
for about 25% to 35% lesso An assessment district includes a loan for
a period of 15 years which includes interest and the cost for engineering.
Mr. Brunsell stated that an assessment district is one of the
least expensive forms of financing for the installation of public improvements.
There is a low interest loan made available. It cannot exceed 8%, although
there is a little bit of prepaid interesto The property owners involved
have to option to pay cash if they would like to do so. The assessment
can be paid off after the bond is issued. 1,t is more expensive to do that,
There is a need to pay off a 5% premium that ways If it is paid off
within the first 30 days from the date of notice of assessment the .payoff
would be 95% of the assessment.
Mr. Brunsell recommended that Assessment No. 206 and 207 be
combinedo The Engineer would have to amend his report to include this
change.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, Resolution 79-129 finding and determining that the
public convenience and necessity require the construction of the improvements
fox Clark Road 6ssessment District No. 2 was adopted and the Chairman
authorized to sign. Page 461.
July 10, 1979
- - - - _ _ _ _ _ _ _ = J~1~ 10z 1979_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
79'- On motion of Supervisor Winston, seconded by Supervisor Wheeler
b! and unanimously carried, Resolution 79-130 overruling protests.on Clark
Road Assessment District No. 2 was adopted and the Chairman authorized
to sign,
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the amended Engineer's Report was filed ,including
combining Assessment No. 206 and 207.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, Resolution 79-131 approving report and assessment
and ordering improvements on Clark Road Assessment District No. 2 was
adopted and the Chairman authorized to sign.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, Resolution 79-132 authorizing change orders
for-Clark Road Assessment District No. 2 was adopted and the Chairman
authorized to sign.
Mr. Brunsell asked for direction from the Board. This is a
relatively small assessment district. Generally it is a practical matter
to come in with a negotiated bid for the work. He expects that the interest
rate will be 8%. He would like to have a firm committment for the sale
of the bonds before the contract is awarded.
Award of bid on Clark Road Assessment District No. 2 held over
at this time.
1142 PUBLIC HEARING: RICHARD E. CHARMBURY - APPEAL OF NEGATIVE DECLARATION AND
USE PERMIT GRANTED BY PLANNING COMMISSION TO ALLOW MACHINE SHOP AND SHOWROOM
ON PROPERTY ZONED "A-2 LTD." LOCATED ON THE WEST SIDE OF SKYWAY, APPROX.
180 FEET SOUTH OF COLDREN ROAD, IDENTIFIED AS AP 50-06-16, PARADISE (APPEAL
MADE BY MRS. LUCILLE SEAMAN ~,ET AL)
The public hearing on the Richard E. Charmbury appeal of
negative declaration and use permit granted by the Planning Cn~ission
to allow a machine shop and showroom on property zoned "A-2 Ltd" located
on the west side of Skyway, approximately 180 feet south of Coldren Road,
identified as AP 50-06-16, Paradise (appeal made by Mrs. Lucille Seaman,
et al) was held as advertised,
Chairman Lemke advised that he had received a call from the
opponents and they would be unable to attend the hearing due to illness
and requested a continuance.
Earl Nelson, environmental review director, set out the
background of the negative declaration. The parcel is one-third acre
on the west side of Skyway. This is a use permit for a machine shop,
The area is a mixture of residence and commercial uses. There are some
potential environmental concerns; increase in noise, potential for light
and glare, possible aestethic decline of the area and possible conflict
with surrounding residential uses. He recommended conditions to minimize
the conflicts:
1. Noise generated by the machine shop shall be controlled at a level of
65 dB CNEL at the property boundaryo
2. Business hours shall be limited to day-light hours: 7AM-6PM
3. All exterior .lighting shall be located, directed and shielded so as
not to cause objectionable light or distraction to nearby residents
or to motorists on nearby roads.
Yage 462.
July 10, 1979
July 10, 1979
79" 4. The exterior of the building shall be maintained in an orderly condition.
'~ Outside storage of materials shall not be allowed.
PFr. Nelson felt that a negative declaration was appropriate.
Bettye Blair, planning director, set out the background of the
use permit. This was recommended for approval subject to conditions.
Hearing open to the public. Appearing: Richard Charmbury. Mr.
Charmbury stated that the business is inside a building. He has not
reached the maximum +noise level in his other `shop to date. There are
five businesses in the same block of Skyway. The house across the street
is in a "C-2" zone. He >left three letters in favor of the business
for file. He is willing to comply with the conditions that have been
put forth.
The matter was continued to July 17, 1979 at 10:30 a.m.
1143 DISCUSSION: AUTO .REPAIR SHOP ON TARRING ROAD AND INTERIM "SR-1" ZONING
Mary Ferdus stated that she was before the Board on June 26,
1979 regarding the auto repair shop on Larkin Road. This was interim
zoned "SR-I" then.
Del Siemsen, deputy county counsel, stated that the building
permit was issued one to two weeks prior to the Board adopting the zoning.
The person had layed the foundation flooring for the building and put up
part of the building. In ~'~esearching this matter, he came across a case
in which. San Diego County did a similar thing. The Court said that if
the owner has legally undertaken before the effective date of the ordinance
he may complete and use for the purposes originally intended. There is no
use permit required for an auto repair shop. He can have an auto repair
shop. if he Cried to expand this to body work and painting, it would
not be allowed under the zone.
Mrs. Ferdus stated that after thinking the matter over, the
people in the area did not feel that "SR-1" zoning would work for them.
Robert Lynch stated that he had done some research in this
matter. He concurred with Counsel. He felt that there was an over-
reaction on the part of the Board when this matter was brought to their
attention. There is not one property that complies with. the "SR-1" zoning.
The entire area does not comply. He asked that the Board consider
rescinding their action to rezone this area so that they can get on
with the proper zoning that is needed. Tt should be zoned "A-R" zoning.
He left information with the Board regarding his concerns.
Dan Blackstock, county counsel, advised that as a practical
matter the Board could go ahead and start a zoning application before
the Planning Comtnissiozt far "tt-R" zoning, The interim zoning will expire
in 120 days.
Don Tourte stated that he applied to the county for a permit
and was told that he could proceed on the building, He is licensed by
the state for auto repair. He does anything pertaining to automobiles.
The revised zoning of March, 1979 says that he is legal.
Mr. Siemsen stated that the "A-2" zoning does not speak to
auto repair. Activities such as noise and dust are considered to be
an item that would need a use permit. The county has considered the
use of painting to be in that category and would require a use permit
application for painting and auto body woxk.
Page 463.
July 10, 1979
____________ July10s1979~~~-~~~~~_==
79- Mr. Tourte stated that about 30% of his business is body and
3! fender work. About 90% of that work is for agricultural purposes.
Mr. Siemsen stated that those uses would require a use permit.
As long as the "SR-1" zoning is in effect, a use permit cannot be applied
for.
Mr. Tourte advised to get together with Counsel to see if
something could be worked out.
APPEARANCE: MRS. MILDRED SMITH
Mrs. Smith stated that on June 20, 1979 Mrs. Eisenhour did not
have to pay drainage fees on her land. She had to sell part of her
property and had to pay the drainage fees on the entire piece of property.
She objected to the $1,800 per acre fee that was collected. She did not
voluntarily pay the deposit. Her property is located off Dayton Road.
Clay Castleberry, public works director, stated that the Board
did excuse Mrs. Eisenhour from paying the drainage fee and the justification
was that the area surrounding her property had been zoned in larger
parcels. Since no future development was expected in the area, Mrs.
Eisenhour was excused. The area where Mrs. Smith lives has had development
in the past. This is an area that has developed.
Mrs. Smith stated that most of the places in the area are one
acre parcels. There is no drainage out there. There is nothing planned.
Dan Blackstock, county counsel, stated that if Mrs. Smith
wants her money refunded, she can mandate that the funds be refunded.
He suggested that she write a letter making it in the form of a claim
and then the Board would be in a clear position to do whatever they
wanted to do. She can only ask for the return of the deposit on the
property that she now owns.
1145 AMEND RESOLUTION 79-128 TO REELECT A PER PARCEL SERVICE CHARGE OF
$10 46 INSTEAD OF $10.72_- COUNTY SERVICE AREA N0. 59 (PARKVISTA STREETLIGHTS)
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, Resolution 79-128 was amended to reflect a per
parcel service charge of $10.46 instead of $10.72.
li4 COMMUNICATIONS
Butte County Coordinating Council. Milt LeCouteur, chairman, writes in
support of extended hours of service for the Chico Clipper.
Information; Administrative Officer to respondo
California State Fair. Les McCargo, acting general manager, writes that
August 24 will be Butte County Day at the 1979 California
State Fair. The County may schedule certain activities.
Referred to Joint Chambers of Commerce and Economic Development
Council.
Joseph C. DeWitt, Chico. Mr. DeWitt writes in opposition to the recent
Board actian to close E1 Paso Way in Chico. Information; to
be placed in file.
Casa De Flores, Chico. Reva B. Arnett, representing the mobile home park,
writes expressing concern over the closure of E1 Paso Way and.
the possible closure of White Avenue. Information; no action
taken.
James A, Rowe. Mr. Rowe, a member of the Board of Directors of the Butte
County Housing Authority submits his resignation. See motion
following communications.
Page 464. July.10, 1979
79
-------------July 10_ 1979=====________
John W. Turner, Chico. Mr. Turner writes appealing condition ~k5 (legal
access) on a tentative parcel map, AP 46-71-01, four parcels
on the northeast corner of Highway 32 and Santos Drive between
Chico and Forest Ranch. Set for hearing July 31, 1979 at 10:30 ajn,
William Scott Davis, Jr., Forest Ranch. Mr. Davis writes appealing a
condition to a tentative parcel map regarding legal access
requirements, AP 56-05-35, two parcels located east of Highway
32, Forest Ranch. Set for hearing July 31, 1979 at 10:30 a.mo
Cioyd K. Pearce, Durham. Mr. Pearce writes appealing condition d~6
(permanent solution for drainage) to a tentative parcel map,
AP 40-16-56, two parcels located on the west side of Lott Road,
approximately 800 feet north of Cummings Road, Durhame Set for
hearing July 31, 1979 at 11:00 a.mo
Horst W. Kleimann, Chico. Mro Kleimann writes appealing conditions to a
use permit regarding right-of-way, curb, gutter and sidewalks,
and drainage solutions, on AP 44-84-8, located on the northeast
corner of the Esplanade and Panama Avenue, Ghico. Set for
hearing August 7, 1979 at 10:15 aom.
Ron Graves & Associates, Oroville. The surveyors, on behalf of Maxine
Alpers, appeal the decision of the Planning Commission regarding
a denial of a variance to place a carport within the 50-foot
setback of AP 39-09-71, located south of Short Avenue, approxi-
mately 250 feet west of La Mirada Avenue, Oroville. Set for
hearing August 7, 1979 at 10:30 a.mo
Paul L. Smith, Paradise. Mr. Smith writes appealing assessment dk234
on AP 53-040-058 located approximately 1/8 mile off Claxk Road,
Paradise. Handled earlier in the meeting.
William C, Ford, Chico. Mr. Ford requests that the Board not change
the name of Pratt Avenue. To be considered at time of hearing.
Nor Cal Cablevision, Tnc. Ross Waggoner, assistant manager, writes
indicating acceptance of the conditions of Butte County ~ .
Resolution 79-101 which supercedes certain portions of Oroville
Communications Company's business license issued April 11, 1967.
Information; no action taken.
Xoungs, Mellerio, Wheeler, Paradise. The communication requests the
Board of Supervisors name the small park along side the Paradise
Cold Nugget Museum the "Pioneer Museum Park." Referred to
Paradise Recreation and Park District.
Butte County Legal Services. On behalf of Judith Lynn Boston, the
BCLS files a claim for $10,000 for personal injuries. See
motion following communications.
Butte County Legal Services. On behalf of Lydia H. Rochfort, the BCLS
files a claim for $5,000 for personal injuries. See motion
following communications.
Jorgenson, Cosgrove & Siegel, Menlo Park. The attorneys, on behalf of
Community Living Centers, files a claim of $15,000 for various
items= See motion following communications.
Northern California Health Systems Agency. C. W. Elliott, community
coordinator, provides information on the at-large consumer
position on their board. To be considered July 17, 1979.
Page 465.
.July la, 1979
July 10, 1979
Mother Lode Friends of the River, Columbia. The organization writes
.concerning the filling of the New Melones Dam to elevations
above 808 feet. Information no action taken.
1147
1148
Sid Leschinsky, Los Angeles. Mr. Leschinsky writes in opposition to
proposed zoning ckcanges in the area of Rockefeller Road off
Bald Rock Road (AP 71-24-O1)e Supervisor Winston to answer lettere
Department of General Services. The Department writes providing information
so that appropriate action may be taken pursuant to Sections 4986
of the Revenue and Taxation Code that the State has not and will
not reimburse the grantors for any prepaid taxes regarding a
transfer of title of Bidwell Mansiono Information; no action
taken.
William P. Mace, Paradiseo The attorney writes regarding Ordinance No. 2030
and indicates Midway Orchards is willing to reappear before the
Land Conservation Act Committee and present its case for economic
hardship. Referred to Planning for report on status of applications
3ames M. Owens, Chico. The attorney send notice of commencement of an
action entitled Petition for Writ of Mandate and Injunctive
Relief filed by the Preserve Agricultural Land, an unincorporated
association against the County of Butte relative to actions of
the county in certifying the completion of an environmental
impact report on the Southgate Acres Subdivision tentative
parcel map. Information; no action taken.
Western Pacific Railroad claim for tax refund of 1978 lien date. The
railroad files a claim with the Board of Supervisors as a part
of the procedure required for eventual suit against the State
Board of Equalization for tax refund 1978 lien date in the amount
of $38,158.76. See motion following communications.
01d West Rail Corporation claim for tax refund 1978 lien date. The
railroad files a claim with the Board of Supervisors as a part
of the procedure required for eventual suit against the State
Board of Equalization for tax refund 1978 lien date in the
amount of $38,158.76. See motion following communications.
Grand Jury 1978-79. The Grand Jury submitts the final report on the
1978-79 Butte County Grand Juryo Referred to Administrative
Officeo
Daniel F. Hays, Jr. Mr. Hays writes appealing condition regarding legal
access on tentative parcel map, AP 56-05-42, on Santos Drive
between Chico and Forest Ranch. Set for hearing July 3I, 1979
at 10:30 a.m.
ADOPT RESOLUTION 79-133 IN APPRECIATION OF JAMES A. ROWE
On motion of Supervisor Wheeler, seconded by Sum rvisor Winston
and unanimously carries, Resolution 79-133 in appreciation of the services
of James A. Rowe a member of the Board of Directors of the Butte County
Housing Authority was adogted and the Chairman authorized to sign.
REJECT CLAIMS - JUDITH LYNN BOSTON, LYDIA H. ROCHFORT AND COMMUNITY
LIVING CENTERS
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the following claims were rejected and .referred
to Counsel and Risk Management Coordinator:
Page 466.
July 10, 1979
a
- - - - - - - - -- - - - July-10 ,-1979 - - - - -
1. Claim of Judith Lynn Boston in the amount of $10,000 for
personal injuries.
2. Claim of Lydia H. Rockford in the amount of $5,000 for
personal injuries.
3. Claim of Community Living Centers in the amount of $15,000
for various items.
REJECT CLAIM FOR REFUND OF TAXES FOR 1978 LIEN DATE ~ WESTERN PACTFIC
RAILROAD AND OLD WEST RAIL CORPORATION
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, the following claimsfor tax refund 1978 lien
date were rejected and referred to Counsel8
11491
1. Western Pacific Railroad in the amount of $38,158.76
2. Old West Rail Corporation in the amount of $38,158.76
ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Winston stated that he would represent the Seniors
for Social Justice.
11501
Chairman Lemke acknowledged the following letters:
Butte County Ricegrowers Association thanking the Board for
adoption of the interim ordinance passed June 26, 1979,
Department of Youth Authority advising the county that Butte
County Juvenile Ha11 is in compliance.
attend.
Metropolitan Water District.
Northern California Health Systems Agency advising that the
terms of Lewis Forbes and Mardi Worley will expire. Administrative
Officer to cheek on the matter and advise the Board on July 17, 1979.
Vista Village Unit ~~1 requesting the two new lanes of traffic
on the Skyway in Paradise go up the Southern Pacific Railroad tracks.
Public Works is discussing this matter with everyone in the neighborhood>
Dr. Hauser regarding Now Casting.
Library.
RCRC announcing their first meeting. Supervisor Wheeler to
Memo from Administration to the Library on the status of the
Letter from Mr. Santos to Mr. Fullerton, Department of Fish
and•Came. Referred to Public Works.
Copy of the traffic study conducted by the group on Skyway
and Clark Roads.
Copy of a letter from Dave Riley, Paradise MAC, regarding the
feedback from the Supervisors on the drainage situation.
All subvention funds were received.
Letter £rom the Courtson:the request to correct the inequity
in the Justice Court Judges salaries. To be considered at budget timed
Page 467.
3uly 10, 1979
79-
$'.
1151
11521
°_______=====J_u1y=10,=1979 __________________
Glen Watson, Area II Developmental Disabilities Board, Administrative
Office to distribute to Board.
Letter from Gerald Lively, Administrative Office, regarding
the Juvenile Hall floor.
Supervisor Wheeler stated that she had. received a letter from
the people of Forest Ranch requesting revenue sharing funds for a
community well.
Chairman Lemke advised that the Board would consider the letter
from County Counsel on how hard he works at budget time.
Supervisor Winston read a letter from Norman Wagoner thanking
the Board for the resolution that was presented to him.
COMMUNICATIONS CONTINUED
William E. Brewster, Paradise. Mr. Brewster writes appealing assessment
No. 227, AP 53-012 004 regarding Clark Road Assessment District
No. 2, Handled earlier in the meeting.
Jack Smith, Paradise. Mr. Smith writes appealing assessment No. 206 and
No. 207, AP 53-040-032 and 53-O11-029 regarding Clark Road
Assessment District No, 2. Handled earlier in the meeting.
Department of Aging. The Department writes concerning the designation of
Area Agencies on Aging to be made by November, 1979 and requests
an opportunity to address the Board on July 17, 1979 to provide
information. Administrative Office to set time for discussion
at July 17, 1979 meeting.
Vernon Chamberlen, Oroville. Mr. Chamberlen appeals conditions 4 and 10
on tentative parcel map, AP 34-03-06 located on the north end
of Palermo Drive, Orovilleo Set for hearing July 24, 1979 at
10:30 a.m.
ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Moseley advised that Sid Webber, animal control,
could not be at the Board meeting today. She has received many calls
regarding licensing of dogs. She would like the Board to consider an
amendment to the ordinance so that there can be a one-year overlap for
people who have their dogs vaccinated for rabies this year.
Dan Blackstock, county counsel, stated that he had taken care
of this matter by opinion. He assumed the Board's intent was to make it
more convenient by having two-year dog licensesa He has instructed the
animal control organization to issue one-year licenses. Those one-year
tags would only be for people that would have to revaccinate. He will
have an ordinance amendment to the Board this week. He wondered if the
Board would also like to have a change in the kennel licenses fees..
Supervisor Wheeler stated that she was receiving calls from
people complaining about paying two years in advance.
Chairman Lemke advised that he has received calls from people
who have had their dogs revaccinated and wondered what the county was
going to do about that,
Supervisor Moseley stated that the lady from Richvale that was
so concerned about the road name changes called and said that the .people
in Richvale are satisified witht,the changes.
Wage 468.
July 10, 1979
a
11531
•_______-___= JulyT10,_1979_====____--~•-~ _____
Chairman Lemke asked if any of the Board members could attend
the Northern California Supervisors Association meeting on Saturday in
Redding-..
Supervisor Dolan to attend Superior -.California Nutrition
meeting on July 12, 1979 in Red Bluff.
ADOPT ORDINANCE 2034 RESCINDING ORDINANCE 2032. INTERIM ORDINANCE ZONING
ORD RANCHO & BOYLES RE3NCH AREA OFF LARKTN ROAD. GRTDLEY AREA
Don Tourte stated that he had talked with Counsel and was
advised that the Board would have to rescind their action last week before
the county could take his application for a use permit.
It was moved by Supervisor Moseley, seconded by Supervisor Winston
that Ordinance 2034 rescinding Ordinance 2032 an interim ordinance zoning
Ord Rancho & Boyles Ranch area off Larkin Road, Gridley area be adopted
and the Chairman be authorized to sign.
Supervisor Dolan stated that the people in the area were
unhappy with the "SR-1" zoning. They were, also unhappy with the "A-2"
zoning. She felt that the people in the area could work on a zoning
request-while the interim zone was in effect.
Vote on motion:
AYES: Supe rvisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolan
Motion carries,
1154
11551
ADDITIONAL MATTER PRESENTID BY SUPERVISOR MOSELEY
Supervisor Moseley asked that the zoning problem on Powerhouse
Hill Road be check out again. This was a complaint by Fred Prater who
came before the Board,
ADMINISTRATIVE OFFICE INSTRUCTED TO CONTINUE POLICY OF ADMINTSTRp,TIVE
OFFICE REVIE4T ON ANY AND ALL VACANCIES OCCURRING WTTHTN THE COUNTY
C1if Mickelson, administrative officer, advised the Board that
last year the Board instructed the Administrative Office to affect
position control which was called administrative review. The county
picked up $$00,000 plus. These instructions were only for last fiscal
year. He requested from the Board as to what action should be taken this
year.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the Administrative Office was instructed to
continue the policy of Administrative Office review on any and all
vacancies occurring within the county.
ADJOURNMENT
There being nothing further before the Board at this time, the
meeting was adjourned at 1:16 p.m, to reconvene on Tuesday, July 17, 1979
at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK-
RECORDER and ex-officio Clerk
of the Board of Supervisors /
~1 /
By ~~i../C G~~, Chairman, Board of Supervisors ,
T Page 469.
July 10, 1979