HomeMy WebLinkAboutM0715803u1y 15, 1980
OF CALIFORNIA )
SS.
OF BUTTE )
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The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke. Clif
Nickelson, administrative officer; Dan Blackstock, county counsel; and
Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board.
ABSENT: Supervisor Winston
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
APPROVAL OF MINUTES
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the minutes of July 8, 1980 were approved as mailed.
DISCUSSION: REQUEST THAT TREASURER TAX COLLECTOR AND ASSESSOR BECOME
MEMBERS OF THE DATA PROCESSING EXECUTIVE COMMITTEE
Chairman Lemke stated he had asked the Assessor and Treasurer-
Tax Collector to be present to discuss the invitation to become members
of the Data Processing Executive Committee. Whatever has gone on in the
past, he hoped could be put aside and they could go forward for better and more
effective use of the Data Processing Center and money. The input by the
Assessor and Treasurer-Tax Collector as major users is greatly desired by
the Board.
Ed Brown, assessor, realized the intention is well made. He did
not think that a conciliatory of things was going to touch into the heart
of the matter. The value of the executive committee and contractor cannot be
laved at his doorstep. He felt the committee was overemphasized. He did
not feel the committee was that important. The committee in all good intention
has been unable to resolve the problems. It is too cumbersome and ackward.
He has set out the problems time and time again. He just does not get
listened to. He is Jr1~l~iwad to talk but is not heard. He felt he recognized
the problems and realized the solution. The only way to be heard is not
being suppressed in the so called committee. It is out of the area of
guidance and into management. The Board hired the contractors to manage
that center. He offered to serve as a consultant. He still stands by
that. He did not feel~the committee, the size of 3t, the direction of
it, is going to solve the problem of his membership. He made the offer
to give positive input to the committee and did not think membership in
the committee was the solution. It was not his fault that the committee
and contractor have failed.
Carl Morton, treasurer-tax collector, read a memo to the Board
at this time. His letter of November 26, 1979 stated the conditions under
which he would return to the Committee. He saw no reason to alter his
position. He felt that eight people would hinder the effectiveness of
the committee. For ten months he cooperated with the committee.., Mr.
Morton set out the reasons he resigned from the committee. Only after
it was apparent that SCT was not performing under the contract; the
contract administrator was not performing the property system was
deteriorating. There had to be abetter way to do this. The cost to
Butte County for the services was outrageously high and the outside
users were costing time and money. There would be no new system developed
in the future. The members were spending a considerable amount of time
on the committee. The majority of the committee capitulated to SCT and
awarded the feasibility study to them. The Grand Jury saw fit to critize
Mr. Brown and himself and was not critical of the Board and Chief
Administrative Officer. He and the elected officials try to talk with
Pape 40.
July 15, 1980
July 15, 1980
80- the Board and have nothing left but the media to present their case.
~ He felt a relatively simple solution would be for the Chairman to sit
down with the combatants to work out the problems.
Chairman Lemke stated he was going to put some things in the
proper prospective. The Data Processing Executive Committee is no more
or less than an advisory committee to the Board. Whatever happens as
far as money spent, which contract is approved, whether or not the contract
is budgeted, and performance is the responsibility of the Board. The
committee makes recommendations to the Board. The Board uses that input
to make decisions. His only concern was that these two departments are
heavy users of the Data Processing system. The Board is not getting the
whale picture with these two departments not on the committee. The other
question raised is that the two departments were not listened to at the
committee. The Board itself does not always agree between the five members.
He did not think that the committee would agree on everything that came
out of the committee.
Mr. Brown asked Chairman Lemke not to preach to him. He understood.
He has been in much more positions of responsibility than. the Board has been.
kie understood a long time ago that not all of his ideas were going to be
acceptable. He wanted them to be honestly listened to. He felt he did know
what the problems and solutions were for the Centex. He is a very heavy
user of the data processing system. If the Board wants his icsput as a heavy
user, why doesn't someone sit down with him and get the input. He contended
that the major problem of disention focuses on one person. He was
prepared to prove his case. He did not want to do that. He would like
to sit down with the Chairman to discuss the matter.
Supervisor Wheeler stated that this was turned into a grandious
situation. She felt this was why the matter was being discussed at this
time. Many times she has come to both of the department heads because they
are he largest users of the system. Mr. Morton has made comments that
were~rroneous. If the Board were to look at the budget section it would
show. there were comments made that were s^roneous. This 3s particularly
true with outside users. According to the budget for 1978-79 the
outside user cost was $192,400 and the proposed estimate for 1980-81 is
$323,970 which is ~.n increase of 68.7% in a short period of time.
Mr. Morton stated that of the $209,000 in conversion costs some
$64,000 should and could have been charges to outside users. He felt that
was Butte County taxpayers pa ylrigfor Glenn County costs. All programs
were not the same. If the outside users had used all the same programs
they would not have had to pay any conversion costs.
Supervisor Wheeler stated that the Board had chosen not to
charge the outside usexs for the conversion costs. They have now worked
to the position where each department head in the county decides the
types of programs to be run. The other counties have to accept these
programs.
Chairman Lemke stated that in order for the Board not to have
to make five different trips to talk to department heads regarding data
processing the committee was formed to start setting policy and report
back to the Board.
Mr. Brown stated that he did not get much, response. One of the
major problems with data processing is the fact they do not have a systems
analyst that understands the system support to be analyzed. He had had
to fulfill that role in his department. He sent a memo regarding this memo
sometime ago. He has not had any response to the memo. He has sent
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:ommunications to the Board `and has not received a response back on them.
ie did not see why the Chairman of the Board could not sit down and discuss
;he problems with him. He was willing to take matters to the committee.
4r. Morton and himself have gone to the committee in the past to present
a concept and did not feel they were listened to. He is willing to give
.he committee his expertise on data processing any time it is requested.
Chairman Lemke stated the expertise was not what the Board was
interested in. The main reason that both the Assessor and Treasurer-Tax
Collector should appear on the committee is to express their concerns to
operate your depattments to get the most out of the programs.
Mr. Morton stated he had spent ten months on the committee. Every-
thing he worked toward, the Board never heard of. Everything the Board
received was filtered. He wondered if the Board received the anti-facts
regarding the request for a feasibility study.
Supervisor Wheeler stated the Board received copies of all
the minutes of the committee.
Mr. Morton stated all he wanted was something that worked at
a low cost. He was willing to work any way the Board would like except
coming back to the committee.
Supervisor Wheeler stated that once a week she would meet with
. Morton and discuss the agenda for the committee.
Chairman Lemke directed that copies of the agenda for the committee
sent to both department heads. They do not what to be members. He would
e to see the flap stopped. He would like to see the spirit of cooperation
let the county go from here.
Supervisor Wheeler stated Mr. Morton had made a statement in
tem No. 9 of his memo she would like to clarify. The statement was
ade that the majority of the committee capitualted to 5CT. The reason
CT was allowed to do the feasibility study was based on cost and wiitten
nto the contract.
Mr. Morton asked why the Board offered SCT $4,000 to do the study
if it were in the contract. Three people on the committee agreed that
fuom $4,000 to $4,500 would be recommended for the study.
Supervisor Wheeler stated that when the request came to the
it was denied.
Chairman Lemke stated that the amount of money agreed upon for
the study was taken from the back end of the contract.
Supervisor Wheeler stated Mr. Morton was ready to vote $10,000
Arnovick for the study. This is not cost effective. She was sorry
neighbor'did~~noa~get:-the~;eont~ract to do the study.
Mr. Morton stated that Mr. Arnovick was one of four other experts
t were considered. SCT agreed that they should not do the study.SCT
eed it would be a conflict of interest to do the study. This is shown
the committee minutes.
Chairman Leemke agreed that the compatants should sit down and
cuss this matter.
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July 15, 1980
_ _July 15, 1980 _ _ _ _ _ _
80_ - Mr. Morton-asked that the Chairman, contract administrator,
3 County Counsel and Mr. Brown attend these meetings.
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The department heads will be advised of the meetings.
ADOPT RESOLUTION 80-143 DESIGNATING WILL_I_AM_ C. TEIE, COUNTY FIRE WARDEN
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and carried, Resolution 80-143 designating William C. Teie County Fire
Warden effective July 1, 1980 was adopted and the Chairman authorized to
sign.
EXECUTIVE SESSION: The Board recessed at 9:35 a.m. to hold an executive
session regarding litigation and meet and confer.
RECONVENE: The Board reconvened at 10:29 a.m, following an executive
session regarding litigation and meet and confer. No announcements
made at this time.
RECESS: The Board of Supervisors recessed as a Board of Supervisors and
reconvened as the Butte County Air Pollution Control District Board.
The public hearing on the proposed ordinance amending Chapters 1
and 3 of the Butte County Air Pollution Control District rules and regulations
was held as advertised.
PUBLIC HEARING: ORDINANCE AMENDING CHAPTERS 1 & 3 OF THE BUTTE COUNTY AIR
POLLUTION CONTROL DISTRICT RULES AND REGULATIONS: ADOPT ORDINANCE 2124
Joe Sandy, air pollution control officer, set out the background
of the proposed changes. In October, 1979 the ARB adopted changes to Title
17 of the California Administrative Code. These proposed rules are a
result of this change. ARB has required that local districts change the
regulations to comply with the changes to the code. There will be some
impact as far as additional costs to the district.
Leo Battle, deputy county counsel, stated this change is to bring
the rules into conformity with the ARB. If the Board does not adopt the
changes, the ARB has the authority to adopt the rules for the district.
The ARB has reviewed the proposed changes and have approved the proposed
changes. These changes conform to the Sacramento Air Basin plan.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
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On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the amendments to Chapters 1 and 3 of the Butte County Air
Pollution Control District rules and regulations were approved; Ordinance
2124 was adopted and the Chairman authorized to sign.
RECESS: The Butte County Air Pollution Control District recessed at this
time to reconvene as a Board of Supervisors
ADOPT ORDINANCE 2125: PUBLIC HEARING: ART THOMPSON - REZONE FROM "A-2"
(GENERAL) TO "SR-1" (SUBURBAN RESIDENTIAL - ONE ACRE PARCELS) FOR PROPERTY
LOCATED ALONG HWY 32, IDENTIFIED_AS AP 42-9-24, 31 & 32, CHICO
The public hearing on Art Thompson rezone from "A-2" (general)
to "SR-1" (suburban residential - one acre parcels) for property located
along Highway 32, identified as AP 42-9-24, 31 & 32, Chico was held as
continued on June 10, 1980 during the public hearing on Butte County
Planning Commission rezone for Highway 32.
Bettye Blair, planning director, set out the background of the
rezone. The commission recomme~ed that this remain as was originally
proposed. Page 43.
July 15, 1980
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Hearing open to the public. Appearing: Art Thompson. Mr.
Thompson stated he had nothing new to add. The Board has a copy. of his
letter on file. He is asking that his property be considered for "SR-1"
instead of "A-5" zoning as was recommended by the Planning Commission.
Hearing closed to the public and confined to the Board.
Supervisor Dolan stated she would have concerns if there had
been more "A-2" zoning near this property. This could have been a
precedent setting decision. The EIR has been certified. She felt that
because the zoning in the area had been established to the west this would
not be a precedent setting decision.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, having reveisedthe EIR for the Hwy 32 rezone noting it has
beaipreviously certified, finding the project could not have a significant
effect on the environment, the rezone from "A-2" (general) to "SR-1"
(suburban residential - one acre parcels) for property located along Hwy 32
identified as AP 42-9-24, 31 and 32, Chico was approved; Ordinance 2125
was adopted and the Chairman authorized to sign.
1139 PUBLIC HEARING: KEITH TOVEX - APPEAL OF PROPOSED NEGATIVE DECLARATION AND
PLANNING COMMISSION'S DENIAL OF VARIANCE TO LOT SIZE REQUIREMENTS TO ALLOW
THREE PARCELS OF 2.99 ACRES, 2.61 ACRES AND 4.46 ACRES ON PROPERTY ZONED
"TM-5" (TIMBER MOUNTAIN - 5 ACRE PARCELS) LOCATED APPROX. 260 FEET EAST
OF COUTOLENC ROAD, APPRO%. 1/2 MILE NORTH OF HUPP COUTOLENC ROAD, IDENTIFIED
AS AP 65-03-03, NORTH OF PARADISE
The public hearing on Keith Tovey appeal of proposed negative
declaration and the Planning Commission's denial of a variance to lot size
requirements to allow three parcels of 2.99 acres, 2.61 acres and 4.46 acres
on property zoned "TM-5" (timber mountain - 5 acre parcels) located approx-
imately 260 feet east of Coutolenc Road, approximately 1/2 mile north of
Hupp Coutolenc Road, identified as AP 65-03-03, north of Paradise was held
as advertised.
Bettye Blair, planning director, set out the background of the
appeal.
Hearing open to the public. Appearing: Keith Tovey. Mr. Tovey
stated that this property was tentative approved in 1972. He bought the
property in 1975. He has completed the dirt road required by Public Works.
Mr. Tovey read from the Planning Director's report. He is not asking for
any special privilege:.. not allowed his neighbors. All the parcels surrounding
this parcel are less than one acre. There were no objections from the
property owners at the time this was approved. The one acre parcels were
bought and built on subsequent to his ownership. He bought the prophrty
based on the knowledge that it was zoned "A-2" zoning and the parcel split
was acceptable. The zoning was changed from "A-2" to'~M-5" because of
the watershed for the Paradise area. He could not see that granting the
variance would effect the watershed in any way. He was not asking for
special privilege:.. The environmental checklist does not show any harm
would come to the environment. A great deal of money was expended in order
to get this property ready for recordation.
Hearing closed to the public_and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, finding the proposed project could not have a significant
effect on the environment, a negative declaration was recommended.
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- - On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, the appeal was upheld; the variance to lot size requirements
to allow three parcels of 2.99 acres, 2.61 acres and 4.46 acres on property
zoned "TM-5" (timber mountain - five acre parcels) located approximately
260 feet east of Coutolenc Road, identified as AP 65-03-03, north of
Paradise was approved finding that because of special circumstances
applicable to the property, including size, shape, topography, location
or surroundings, the strict application of this variance chapter deprives
such property of privileges enjoyed by other property in the vicinity and
under identical zoning classification; further reiterating the Advisory
Agency statement on page 5, dated June 18, 1980 from the environmental
impact will not cause substantial problems and noting there are small
parcels surrounding this property. AYES: Supervisors Moseley, Wheeler
and Chairman Lemke. NOES: Supervisor Dolan. ABSENT: Supervisor Winston
1140 PUBLIC HEARING: LEE COLBY - WYNOKA HOMES: BUTTE COUNTY PLANNING COMMISSION:
RICHARD HORTON: AND RON TMHOFF GENERAL PLAN AMENDMENTS
The public hearing on the following was held as advertised:
1. Closed hearing, Lee Colby, Wynoka Homes General Plan Land
Use Mag amendment to change from low density residential designation to
an industrial designation, property located on the east side of Lincoln
Boulevard from a point located 1,320 feet south of Monte Vista Avenue to
a point located 3,300 feet south of Monte Vista Avenue, to a depth of
1,320 feet, identified as AP 36-20-7, 27 and 28, Oroville.
2. Butte County Planning Commission consideration of draft EIR
and General Plan Land Use Amendment, Chico Airport area, from agricultural-
residential, grazing and open land, public, industrial, low density
residential and medium density residential to agricultural-residential,
grazing and open land, public, industrial, commercial and low density
residential for approximately 6, 180 acres bounded generally by Rock Creek
on the north, Highway 99 on the west, Sycamore Creek on the south and
L.C.A. agreements on the east.
3. Richard Horton draft EIR and General Plan amendment from
agricultural-residential to low densitty residential located along and
east of Oakridge Drive and Oakridge Circle and north of Skyway, identified
as AP 40-41-07, 40-43-All and 40-44--All, southeast of Chico.
4. Ron Imhoff General Plan amendment (item on which EIR was
previously certified) from low density residential to medium density
residential located on the southwest corner of Hicks Lane and Sycamore
Lane, identified as AP 44-49-11 and O1 (portion), Chico.
Dan Blackstock, county counsel, stated the Board would review
the healing and come back fnr action. The code says there can be three
changes. What the county is trying to allow is one change every four
months. He could not assure the Board the way the code section is written
a court is not going to look at the record and say the Board Yeas three
changes being considered today. He recommended that this changes be brought
up together as one change. They should not be listed separately on the
agenda and should not be brought forward for setting of hearing at different
times.
It was felt that all four requests should be heard as one hearing
and a motion of intent be made regarding the requests. The resolution would
he coming forward on July 22, 1980.
Bettye Blair, planning director, set out the background of the
General Plan amendments. She posted maps for the Board.
Page 45.
July l5, 1980
July 15, 1980
gp_ Earl Nelson, environmental review director, set out the background
$ of the environmental concerns regarding each project. Two EIRs have been
certified and two are in draft form. On the Richard Horton project there
are three rare plants and archeological sites. Most of the concerns on all
the projects can be mitigated at the tentative map stage.
Ms. Blair stated that many of the environmental problems can be
with the specific policy statements in the criteria for the different
Plan designations.
Hearing open to the public. Appearing:
1. Lee Colby. Mr. Colby wondered if action could be taken today
~n the project. He has been working on his project since February. He felt
counsel should have brought the reason for one change to the Board before
this.
2. Sid Gordon, representing Jay Garner. Mr. Gordon was concerned
with property around the airport. Mr. Garner wrote a letter to the Planning
Commission April 9, 1978. He read the letter at this time. Mr. Gordon
stated he has been working with Mr. Garner for two months on his project.
He asked that the decision on this be postponed for a couple of weeks.
It is his plan to go back to the old zoning for that area that would
include commercial and industrial. The property owned by Mr. Garner on
the west side of Hicis Lane, Mr. Gordon would like to see in the low density
classification of four units per acre.
Supervisor Wheeler stated that Mr. Bailey had attended the
Planning Commission hearing and requested Mr. Garner's property that
is contiguous with the airport be considered for "L-1" zoning.
3. Ward Bailey. Mr. Bailey stated that he had been working with
Mr. Garner on some of his properties. Mr. Gordon was working on development
of some residential properties for Mr. Garner. Hr. Bailey stated that
he asked that the property around the airport be considered for "L-1"
zoning. He felt that due to the nature of the property and availability
of facilities that "L-1" zoning would be the only one to carry the property.
He felt it was premature at this time but felt that this would be the
area for industrial uses in the future. If the industrial designation is
not granted at this time, it would be harder to obtain in the future.
He asked that this be placed in light industrial zoning.
Mr. Blackstock stated that since this was considered by the
Planning Commission, the Board oould take action on the request.
Supervisor Wheeler stated that on the residential property, this
area was designated agricultural-residential and is now being proposed
for SR to three acre minimum.
Ms. Blair stated that the rezone would come after the General
Plan amendment. The Board has to look at the criteria. In the previous
General Plan map before this amendment the area lying north of Sycamore
was designated low density residential. They are taking that designation
to the south to Sycamore Creek. She set out the flags on the map at this
time. These indicate the areas that were requested to be different from
what was proposed. The Bennett property was originally to open and grazing
which was modified to agricultural residential. The other agricultural
residential asked for a modification to industrial. The commission
recommendation was industrial. The Drake property was proposed to be
included as low density and the Commission is holding to that agricultural
residential. The one area would pick up that was previously agricultural
residential. Page 46.
July 15, 1980
July 15, 1980
gp.. Mr. Gordon stated he was in agreement with Mr. Bailey regarding
d the property on the airport for Mr. Garner. He would like to see the
property as industrial. Mr. Gordon showed the Board a small parcel map at
this time.
There was agreement that the property around the airport should
to industrial and the other property owned by Mr. Garner should be
density residential.
4. Ron Imhoff. Mr. Imhoff stated the reason for his General
Plan amendment is so that he will be able to apply for a "PA-C" zoning.
There is an existing use permit for density regarding his mobile home
park. The use permit was granted in September and the Department of
Public Works still is•;working on the additional paving requirement on
Sycamore. The "PA-C" zoning would allow them to work on the project in
stages. They have to begin the project officially within one year with
regard to the use permit. He was advised by the county that if he payed
$7,000 toward a signal light, it would be considered that the project
had officially started. He asked that the Board acknowledge that the
payment toward the signal light was a beginning as far as•the use permit
is concerned.
5. Lngrid Dufour, representing Richard Horton. Ms. Dufour was
at the meeting representing Mr. Horton. She was not sure if the Board wanted
her to make any presentation.
Chairman Lemke read a letter from John Drake regarding the
General Plan amendment in the airport area.
Hearing closed to the public and confined to the Board.
RECESS: 11:40 a.m.
RECONVENE: 11:50 a.m.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, a motion of intent was made to approve the following General
Plan amendment noting that on the Lee Colby, Wynoka Homes amendment a
previously adopted negative declaration was accepted; noting that the
Butte County Planning Commission amendment will have no significant effects
on the environment; on the Richard Horton amendment there could be significant
effects on the environment but they are iaitigable at the subdivision map
level; noting an EIR had been previously certified for the Ron Imhoff
amendment and there would be no significant effects on the environment;
with changes to the Butte County Planning Commission amendment in that
the property owned by Jay Garner for 160 acres be industrial "L-1" in
the area of the airport; the John Drake property be low density residential
and the "SR 1" property would remain agricultural residential with the
other properties to stay the same as recommended by staff:
1. Lee Colby, Wynoka Homes General Plan Land Use Map amendment
to change from low density residential designation to an industrial designation,
property located on the east side of Lincoln Boulevard from a point located
1,320 feet south of Monte Vista Avenue to a point located 3,300 feet south
of Monte Vista Avenue, to a depth of 1,320 feet, identified as AP 36-20-7,
27 and 28, Oroville.
2. Butte County Planning Commission General Plan Land Use Amendment
Chico Airport area, from agricultural-residential, grazing and open land,
public, industrial, low density residential and medium density residential
to agricultural-residential, grazing and open land, public, industrial
commercial and low density residential for approximately 6,180 acres
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July 15, 1880
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_ July 15, 1980 _ _ _
bounded generally by Rock Creek on the north, Highway 99 on the west,-
5ycamore Creek on the south and L.C.A. agreements on the east.
3. Richard Horton General Plan Amendment from agricultural-
residential to low density residential located along and east of Oakridge
Drive and Oakridge Circle and north of Skyway, identified as AP 40-41-07,
40-43-All and 40-44-All, southeast of Chico.
4. Ron Imhoff General Plan Amendment from low density residential
to medium density residential located on the southwest corner of Hicks Lane
and Sycamore Lane, identified as AP 44-49-11 and O1 (portion), Chico.
The hearing was continued to July 22, 1980.
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APPEARANCE: RON IMHOFF: ACKNOWLEDGE PAYMENT TO TRAFFIC SIGNAL ON SYCAMORE
AS BEGINNING ON USE PERMIT
Ron Imhoff asked that the Board recognize the fact that the
beginning of the project on the use permit was with the payment towards
a traffic signal on Sycamore.
The Board acknowledge that the payment of $7,000 toward a traffic
signal on Sycamore as the beginning of work on the use permit for Ron
Imhoff.
APPEARANCE: JIM FAULK RE: ANIMAL CONTROL PROBLEM
Jim Faulk spoke to the Board regarding an animal control
problem he had. On June 4, 1980 his dog was impounded because it smelled
like a skunk. The dog had had rabies shots. .It was impounded for ten
days. He called to see how the dog was doing during this ten days and
was told he could pick the dog up on June 13, 1980. He went to pick the
dog up on June 13 and was told that the dog had been disposed of. He
would like some answers on this problem.
The manager of the animal control program to present a report
to the Board on July 22, 1980.
APPEARANCE: KEVIN MYER RE: COMPLAINT ABOUT LUMBER COMPANY ON THE MANTHEI
PROPERTY
Kevin Myer stated he had been before the Board three weeks ago.
He was concerned with a violation of a use permit that had been issued
to John Manthei. He presented some photographs at this time. He had tried
to get a company to do a decibal reading study on the plant. No one would
take the study.
The Zoning Investigator was instructed to contact for whatever
is necessary to complete a thmrough investigation of the use permit far
what it was issued for and what it is now being used for.
PUBLIC HEARING: WALTER BESSER - APPEAL OF DETERMINATION REQUIRING AN EIR
FOR REZONE OF PROPERTY FROM "ARMH-3" TO "ARMH-1," AP t~4-+03-154, 155, 156
AND 157, PROPERTY LOCATED APPROX. 1,200 FEET NORTH OF NORD HWY AND APPROX.
ONE MILE WEST OF HWY 99 CHICO AREA
The public hearing on Walter Besser appeal of determination requiring
an environmental impact report for rezone of property from "ARMH--3" to
',"ARMH-1," AP 44-03-154, 155, 156 and 157, property located approximately
1,200 feet north of Nord Highway and approximately one mile west of
Highway 99, Chico area was held as advertised.
Earl Nelson, environmental review director, set out the
background of the appeal. This appears to be a low density rural residential
area suxrounded by agriculture with prime agricultural soil. This area
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July 15,
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was zoned to freeze development.
felt an EIR should be required.
1980
On the basis of cumulative effects, he
Hearing open to the public. Appearing:
1. Joe Besser. Mr. Besser stated this property was not a
general piece of property. The property is completely surrounded by
houses. There are one-half a€re parcels along the side of the property.
It would be almost impossible to farm that property. He would have to
have an airplane do the spraying for the farming and the airplane would
fly over the homes. The general farm land is the area beyond this area.
There is plenty of area for septic tanks and wells. He has four wells
with 200 to 300 gallons per minute on the property. He presented pictures
of the property at this time. He set out the buildings in the area. Most
of the people against the spliting of this property live on one-half
acre parcels. There is a mobile home park with 150 spaces one-eighth
of a mile down the road from this property. There is no runoff on that
property. He is within four minutes of the fire station and there are
certified fire wells an the property.
Mr. Nelson stated that even though this is a small parcel of
l5 acres, state law says the county must look at the cumulative effects
and this would Iead to a domino effect in the area. It is compounded
where there are people farming to the west already having problems with
spraying restrictions.
Mr. Besser did not feel that an EIR should be required far the
15 acres. There was a trailer park built down the road that would have
an impact on schools. His property would not have that kind of impact.
2. Joy Mackleroy. Ms. Mackleroy spoke for the small property
Hers in the area. The zoning was placed on this area five years ago.
e submitted a petition against the rezone at this time. The Hostler
act shows "ARMH-3" for the general area. The majority of the parcels
e two and one-half acres. Nothing has changed since the zoning was
proved five years ago. There is roblem with water standing in the
ea. Mr. Besser's property is kne deep in water. The runoff in the
ea is very poor. During the drought, people had to drill new wells.
e was concerned about more traffic on the little road, One piece of
operty 3/4 of an acre with nothing but a pump and well onr.it sold for
5,000.
3. Barbara Meade. Ms. Meade stated that there were four families
the Besser property at this time. There would be about 14 families if
s rezone were approved. The property was farmed before Mr. Besser
chased it. She felt it was possible to farm the property. She
two and one-half acres she farms with an orchard and kiwis. She does
spray by air. This property is basically aligned with the farming
ustry. The property backs up against an almond orchard. She felt an
should be required. Ms. Meade stated she owned twq two and one-half
e parcels. She has 180 trees on one,'%two and one-half acre parcel.
Cher back in the area are three and one half acre parcels. There
a drainage problem on the property.
4. John Grigaro. Mr. Grigaro stated he had an almond orchard
acent to Mr. Besser's property. Drainage is a problem in the area.
had to level in two different directions to get the drainage off the
d, ,The people living in the Hosier Tract live close to the soil and
erstand the problems of the farmers. He was ag~st the division of
property,
Page 49.
July 15, 1980
July 15, 1480
80-
v
5. Dorothy Verismo. Ms. Verismo stated that she has 100 acres
west of the Hosler Tract. There is no problem with the people from the
housing tract now. At one time there was a problem with vandalism in
the orchard. She was concerned that people would start using the orchard
as a shortcut if this division were allowed. Most of their spraying is
done by plane because of the size of the orchard. There is some spraying
that must be done by ground because of people living close to the orchard.
People were allowed to build'~within 40 feet of their fence. She did not
feel there was a need for more housing in the area.
6. Richard Duncan. Mr. Duncan stated he owned 3-3/4 acres
and owned hogs. He waises about 500 pigs per year. Many people would not
want to move out there because of the pigs. This will also create more
traffic around the animals.
7. Nancy Neilsen. Ms. Neilsen stated there was a drainage
problem in the winter at Nord and Hosler. The water comes 100 feet into
her property. The water stands for two days. They drive through six inches
of water.
Mr. Besser stated that there was discussion regarding the
wells that went dry during the drought. The water in the area is at the
150 foot table. Many of the geople in the area have shallow wells. The
wells do not meet the water level they should. They are drawing from the
ground water level and could have contamination. His property is landlocked
by housing. The farming the people are talking about is not farming but
a small piece of ground to play with. He did not have any water
standing on his property.
Ms. Mackleroy stated the people in the area felt that one acre
parcels would interfer with the environment in the area. She felt he
needed an EIR for the project.
Hearing closed to the public and confined to the Board.
Supervisor Dolan stated there were many questions raised by
property owners in the area that would be answered by an ETR.
Supervisor Wheeler had a lot of questions she would like answered
and felt an EIR would answer those questions.
Supervisor Moseley felt that if this were a big parcel she
could s ~ requiring an EIR. She was against requiring an EIR for this
property.
Dan Blackstock, county counsel, did not feel'~the county should
pay for an EIR since Mr. Besser would be able to sell ten to fifteen lots
for $30,000 each.
Supervisor Moseley did not feel Mr. Besser should be required
to write an EIR. She felt the impacts should be considered on the larger
areas. She felt the EIR was being used by people to control their neighbors.
She might be against the project, but she did not feel the EIR should
be written. She felt a decision should be made on the project on the
merits of that project. She did not feel an EIR was needed.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the appeal of determination requiring an environmental impact
report for a rezone of property from "ARMH-3" to "ARMH-1," AP 44-03-154,
155, 156 and 157, property located approximately 1,200 feet north of Nord
Highway and approximately one mile west of Highway 99, Chico area for Walter
Besser was denied. AYES: Supervisors Dolan, Wheeler and Chairman Lemke.
NOES: Supervisor Moseley. ABSENT: Supervisor Winston
Page 50. July 15, 1980
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1146
1147
1148
1149
July 15, 1980
RECESS: 12:58 p.m.
RECONVENE: 1:37 p.m.
RECESS: The Board recessed at 1:38 p.m. to hold an executive session
regarding a personnel matter.
RECONVENE: The Board reconvened at 2:43 p.m. following an executive
session regarding a personnel matter. No announcements at
this time.
STATEMENT BY CHAIRMAN LEMKE
Chairman Lemke stated that he had made a statement at the Northern
California Taxpayers Association meeting regarding law enforcement. The
Sheriff and he have talked about this statement. He issued his personal
apology if anything was construed about the statement stupidly endorsed.
His priorities are still the same, that is police, fire and roads in that
order. His whole statement was and should have been that he disagreed
with the initiative. He was not objecting to salary increases for the
Sheriff's Department. He felt that the initiative petition attempt took
place during negotiations and he felt it was a breach of good faith by
the Association. He knew that the Sheriff's Office needed more help.
Sheriff Gillick accepted Chairman Lemke's apology. When the
reporter called him regarding the story he was caught cold. He said he
had not endorsed the initiative but had signed it.
PUBLIC HEARING: 1980-81 BUDGET AND REVENUE SHARING FINAL USE HEARING
The public hearing on the 1980-81 budget and revenue sharing
final use hearing was held as advertised.
Supervisor Wheeler stated that she had been approached by
developers in the Chico area with a proposal regarding the construction
of the Chico Library.
Hearing open to the public. Appearing: No one.
The hearing was continued to July 16, 1980 at 9:45 a.m.
APPROVE MODIFICATION TO CETA PROJECT #78-86 WITH CSUC
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and carried, the modification of the CETA project ~~78-86 with California
State University, Chico (CSUC) to allow use of directory sales income
to pay for printing and related cost items in the amount of $6,000 was
,approved.
AUTHORIZE RELIEF FROM ACCOUNTABILITY FROM BOARD OF SUPERVISORS INVENTORY
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, relief from accountability from the Board of Supervisors
inventory for two fixed assets, inventory ~~s 3283, desk and 5507, chair
was approved.
APPROVE ADMINISTRATION ITEMS: ADOPT RESOLUTION 80-144
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the following items were approved:
1. Authorized destruction of recoxds which have been microfilmed
for the Auditor's Office from 1974-76 and include: summary budget statement,
budget and appropriation edgers, accumulative final detail budget statement,
fund ledger, welfare war ant register, journals and transfers and public
works road maintenance employee time cards.
2. Approved budget transfer B-260 granting loans to be repaid
in 198D-81 to the following county service areas in the amounts indicated:
CSA 61, $103; CSA 62, $303; CSA 68, $215; CSA 71, $45; CSA 72, $15;
Page 51.
July 15, 1980
80-
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1150
1151
- _ _ _ _ _ _ -~ _ _ _ ~ July 15, 1980 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
CSA 73, $55; and CSA 74, $63 with the total amount of transfer and loan
being $799 with funding coming from the rexerve and the loans were authorized.
3. Adopted Resolution 80-144 authorizing the Chairman to sign
Che "Z" contract for observation and temporary detention with the State
Department of the Youth Authority in accordance with Section 1752.1 of
the W&I Code for case referrals to the Youth Authority from the Juvenile
Court for observation and temporary detention with the 1980-81 rate being
$2,022 per case and the Chairman authorized to sign.
ADOPT RESOLUTION 80-145 RE: CONTRACT FOR DIAGNOSTIC STUDIES (JUVENILE/
CRIMINAL) AND APPROVED CONTRACT WITH BUTTE COUNTY FAIR RE: GOUNTY SERVICE
AREA 34 (GRIDLEY SWIMMING POOL)
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, the following action was appxoved:
1. Adopted Resolution 80-145 authorizing the Chairman to sign
the contract with the State Department of the Youth Authority for case
referrals from the juvenile or criminal courts for diagnostic and treatment
services and temporary detention with the rate called for. in the contract
for 1980-81 being $1,817 per month for professional services and the
Chairman authorized to sign.
2. Approved the contract with the Butte County Fair for the
operation of the Gridley District Swimming Pool (County Service Area 34)
for the period July 1, 1980 through June 30, 1981 in the maximum amount
of $21,590 and the Chairman authorized to sign.
Supervisor Wheeler stated she would like to see that copies
of the change of ownership statement made available at real estate offices
and title companies. She did not feel she could place the burden on
the people filing for penalty abatement since this is a new law. There
have been people in~qui~ri-ng~~o~taff as to whether they could obtain the forms
and were told that the county could not hand the change of ownership
statement forms out in batches.
Chairman Lemke thought that when the matter was discussed
previously the Board was to receive a recommendation from the Assessor.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the following requests for penalty abatement were approved
and a time period of 90 days was set to abate all request up until that
time and after the 90 days the requests for penalty abatement will be
considered and reviewed on an individual basis:
1. Geary R. Sutton, AP 066-38-0-001-0, AP 051-LO-4-014-0
and AP 055-11-2-039-0.
2. Scott L. Cheeseman, AP 062-34-0-031-0
3. Edward C. & Beverly Cadjew and George W. & Gay Shelton,
AP 044-05-3-001-0
4. K. F. Meadows, AP 039-31-0-017-0
5. Bill J. Cook, AP 045-69-0-035-0
6. Douglas E. Govan, AP 008-21-3-002-0
7. Wesley G. Maston, AP 051-10-3-006-0
Page 52.
July 15, 1980
80-
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_ _ July 15, 1980
- 8. Lawrence P. & Kathleen A. Nelson, AP 064-OS-0-026-0
9. K. F. Rogers, AP 033-33-1-003-0
10. Kenneth F. Rogers, AP 036-46-0-068-0
11. Kenneth F. Rogers, AP 013-25-0-001-0
l2. Ray A. & Joanne H. Hosking, AP 047-03-02-012-0
13. Frank E. Davidson, AP 043-34-0-059-0
14. Kenneth M. Smith, AP 34-83-29
15. George J. & Codie Nisson, AP 045-62-0-042--0
16. Jack M. Burns, AP 034-62-0-009-0
17. Brian L. Heinz, AP 38-26-25
18. Robert C. Sumner, AP 046-45-0-043-0
19. L. D. & Jeanie Mae Steve, AP 033-43-0-049-0
20. Eleanor C. Premock, AP 022=20-3-022-0
21. John J. & Robert J. Wray, AP 012-12-4-004--0
22. Kenneth C. Foreman, AP 046-46-0-031-0
23. Irmar;. C. Stegen, AP 055-12-0-042-0
24. John.,W.. & Lucille Danner, AP 062=53-0-024--0 & AP 062=53-0-022-0
25. Nettie Danica Galich, AP 039-23-0-035-0
26. Wilber E. Jalanivich, AP 066-07-0-009-0
27. Daniel L. Ostrander, AP 043-26-0-014
28. Tava J. Menard and Gary A. Hann, AP 34--55-18
29. William J. Ward, AP 065-11-0-053-0
30. Belinda R. & John J. Starr, AP 034-92-0--016-0
31. Alberto and Elbia Rodriguez, AP 035-21-2-005-0
32. Stonebridge Associated Realtors, AP 008-15-0-016-0
~I 33. Eva T. Stutz, AP 045-33-0-025-0
I
34. Linda R. Dotson, AP 008-02-0-025-0
35. Victoria 0. & Eura D. Kilgore, AP 013-20--2-010-0
36. Theresa F. Gravison, AP 034-70-0-001-0
37. James A. Bullard, AP 047-47-0-002-0
38. James A. Bullard, AP 047-47-0-001-0
Page 53.
July 15, 1980
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- _ _ _ _ _ _ _ - _ _ _ = July=15, 198Q = _ ~ _ _ _ _ _ _. _. _. -: -. - _ _ _ =
39. Eddie D. Thacker, AP 030--42-0-009-0
40. Jack F. Freeling, AP 050-20-0--057-0
41. Jeff S. Munson, AP 046-73-0-025-0, AP 046-73-0-028-0,
AP 046-73-0-039-0
42. Brian L. Heinz, AP 055-37-019
43. Philip M. Hart, AP 042-10-0-014-0
44. Burl E. Woodward, AP 035-15-4-019--0
45. Debra A. Schluter, AP 045-09-4-005-0
46. Stan Barbitt, AP 043-18-0-005-0
47. Marcia Higgins ,AP 043-18-0-006-0
48. Cornelio P. Enriquez, AP 044-23-0-008-0
49. Karoly Kasza, AP 055-27-0-085-~0, AP 055-29-0-046-0
50. B. Hunter Investments, Inc., AP 004-11-2-008-0, AP 004-11-2-009-0
51:. Paul D. Robertson, AP 044-68-0-009-0
52. Alan J. Dworak, AP 046-09-3-002-0
53. Adolph E. Siebeneicher, AP 043-14-2-006-0
54. Jack L. Sullivan, AP 066-23-0-017-0
55. Robert C. Payne, AP 034-90-0-028-0, AP 034-89-0-009-0
56. Melvin J. Barnard, AP 044-40-,0-003-0
57. Marc F. Grosso, AP 066-20-0-027
58. Vera Gridley, AP 009-18-2-012-0
59. Arlene M. Darby, AP 066-04-0-045-0
60. Gridley Oaks Company 9100, AP 024-26-0-049-0
61. James A. Pennington, AP 036-73-22
62. Stephen V. Pantaleoni, AP 024-13-0-017-0, AP 024-13-0-018-0
63. Mauricia R. Tellez, AP 064-35-0-014-0
64. Terry L. Gibson, AP 045-69-0-020-0
65. Dorothy B. Buckle, AP 065-19-0-009-0
66. Leroy W. Smith, AP 048-31-0-015-0
67. Stephanie A. Sicke, AP 046-17-2-002-0
68. Donald L. Smith, AP 025-22-0-005-0
Page 54.
July' 15, 198b
80-
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1153
1154
115 5
_ July 15, 1980 _ _ _ _
69. R. Richard Bragg, AP 041-36-0-004-0 -
70, Thomas J. Moungey, AP 033-27-2-012-0
71. Tom W. Clinton, AP 005-10--2-017
72. John & Violet Logan, AP 071-08-0-116-0
73. Mark & Sheoldon C. Morgan, AP 004-12-8-005-0
74. George Capralis, AP 012-03-4-020-0
75. Darwin R. Datwyler, AP 062-11-0-003-0, AP 062-24-0-007-0,
AP 062-25-0-022-0, ?' _r,~7~.~.0
76. George N. Gallaway, AP 024-17-0-037-0
77. Carolyn 5. Miller, AP 031-21-2-029-0
78. T. M. & Voyce Boring, AP 045-34-0-041-0 ,
79. Philip D. Engelbert, & Sandra E. Hazel, AP 042-21-0-072--0
Supervisor Dolan asked that a letter be sent to the real estate
associations letting them know that for the 90 days the Board would abate
the penalty requests but after that would check and review each one.
Ed Brown, assessor, stated that he reviewed the requests and
made sure that the things were true. He did not see how he could give a
recommendation on each. request. He would rather not give the Board a
recommendation.
Chairman Lemke stated that the 90 days is a grace period and
then the Board would carefully check each request on an individual basis.
APPROVE CONTRACT WITH CALIFORNIA CONSERVATION CORPS - SOUTH OROVTLLE DITCH
On motion of Supervisor Dolan, seconded by Supervisor Moseley
and carried, the contract with California Conservation Corps (CCC) to provide
labor on the South Oroville Ditch (HCD) at no cost to Butte County was
approved and the Chairman authorized to sign.
PUBLIC HEARING DATE SET
A public hearing date of August 5, 1980 at 10:00 a.m. was set
for consideration of Robert M. Hess petition for variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home on
AP 40-46-15, Box 35B Nimshew Stage, Chico area. Zoning: "FR-5"
APPROVE RENEWAL OF VARIANCE
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the renewal of variance to Sections 19-10 and/or 19-12 of the
Butte County Code for placement of a mobile home on AP 44-28-020, Route 1,
Box 475C, Chico area, zoning: "A-2" for James A. Kent was approved.
DENY PENALTY RELIEF
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, the following requests for penalty relief were denied:
1. Thiara Brothers, AP 24-14-OOS, AP 21-23-039, AP 24-19-0-001,
AP 24-16-0-008 & AP 24-14-001
2. Carol Ray Dorman (Security Pacific National Bank), '
AP 25-24-22, AP 31-24-2-003 and,AP~-36-25-020
Page 55.
~ July 15, 1980
80-
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1156
1157
1158
1159
1160
_ _ _ _ _ _ _ _ _ _ _ = July=15, 1980 = _ _ - _ - _ _ _ . - _ _ -- - - _ _ _
3. John Way and Al Arify, AP 44-62-006
APPROVE PUBLIC WORKS ITEMS
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the following Public Works items were approved:
1. Approved contract change order #1, traffic signal modification,
East Avenue at Esplanade, Project ~d56191-79-1 that provides for revising
the working days on the project with no costs involved and the Chairman
authorized to sign.
2. Approved the right of way contract for Table Mountain Boulevard
Bridge, Project 28491-76-1; authorized the Chairman to sign; and authorized
the Auditor to issue a warrant upon demand of the county`s escrow agent on
the following:
Joseph D. Ranieri 0.39 ac. Price $4,100 No improvements
REPORT BY CHAIRMAN LEMKE ON STREET NUMBERING IN PARADISE AREA
Chairman Lemke stated that he and Mr. Castleberry had field a
meeting with the emergency services personnel for the Upper Ridge in the
Paradise area regarding street numbering. They are going with tfie'suggestion
of that group of people that the county continue numbering changes in the
Upper Ridge area outside the city Limits. The Post Office agrees this
will be.a better system if aI1 the properties had addresses. The Town
of Paradise will decide how they are going to handle the street numbering
within the city limits. The county would pick up the numbering below the
city limits as well.
PRESENTATION BY NORTH CHI CO VOLUNTEER FIRE DEPARTMENT RE: REQUEST FOR
REVENUE SHARING FUNDS
Supervisor Wheeler presented a letter from Steve Nettleton
regarding the request for revenue sharing funds for the North Chico
Volunteer Fire Department.
Antonio Flores, Jr., assistant chief of the North Chico Volunteer
Fire Department, set out the request for revenue sharing funds at this
time. They are requesting the purchase of a 4,000 gallon tanker and pagers.
Mr. Flores set out the background of the development of the department.
Mr. Flores stated that the cost of the tanker is $40,000 and $12,400 for
the pagers making a total of $52,400 requested.
ADOPT RESOLUTION 80-146 & 80-147 SETTING PUBLIC HEARING DATES FOR
CONSIDERATION OF ABANDONMENT OF PUBLIC UTILITIES AND RECREATIONAL
EASEMENTS IN PARADISE PINES AREA
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the following resolutions setting a public hearing date of
August 19, 1980 at 9:0:00 a.m. were adopted and the Chairman authorized
to sign:
1. Resolution 80-146 for consideration of S. D. Ballard abandonment
of public utilities easement on Lot 300, Paradise Pines Unit 4.
2. Resolution 80-147 for consideration of Chris Pinocchio
abandonment of p~~~.d utilities easement and recreational easement on Lot
139, Paradise Pines Country Club.
PUBLIC HEARING DATE SET-
A public hearing date of August 5, 1980 at 10:30 a.m. was set
for consideration of Board of Supervisors rezone from °FR-5" (foothill
recreational -five acre parcels) to "C-2" {general commercial) located
on both sides of Lumpkin Road, 0`:'6.~mile northeast of the Craig-Recreation
Page 56.
~ July 15, 1980
80-
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1161
1162
1163
1164
1165
Area Access Road, owned by Ken Brown identified as AP 71-15-18 and 19, east
of Oroville (Item on which a previously certified EIR was supplemented with
site-specific data}.
REPORT TO BOARD DENIED REZONE
Report to the Board concerning the denied draft EIR and rezone
from "TM-40" (timber mountain - 40 acre parcels} to "TM-10" (timber
mountain - ten acre parcels}, property located approximately 200 to 3,000
feet east of Highway 32, two miles south of Forest Ranch, identified as
AP 63-01--101 and 102, Forest Ranch was received as information.
WAIVING OF SECOND READING OF ORDINANCE AMENDING CHAPTERS 20 & 24 OF THE
BUTTE COUNTY CODE REGARDING REGULATIONS AND CONTROL OF SUBDIVISIONS AND TO
ZONING REQUIREMENTS - CONTINUED TO JULY 22, 1980
Consideration of waiving of second reading and adoption of
ordinance amending Chapters 20 and 24 of the Butte County Code regarding
regulations and control of subdivisions and to zoning requirements was
continued to July 22, 1980.
WAIVE FIRST READING OF ORDINANCE ADDING SECTION 15-32 TO•THE BUTTE COUNTY
CODE RELATIVE TO DECLARATION OF PUBLIC NUISANCES INVOLVING ANIMAL CARCA55E5
FOUND ON OWNER`S PROPERTY
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the first reading of the ordinance adding Section 15-32
to the Butte County Cod: relative to declaration of public nuisances
involving animal carcasses found on owner`s property was waived with
the change to line 10 to read: if any animal is not removed or taken
care of.
ADOPT RESOLUTION 80-148 AMENDING RESOLUTION 80--141 REGARDING COLLECTION
OF FEES FOR ENVIRONMENTAL HEALTH SERVICES
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, Resolution 80-148 amending Resolution 80-141 regarding
collection of fees for Environmental Health services was adopted and the
Chairman authorized to sign.
APPOINTMENT TO THE BUTTE COUNTY SENIOR CITIZENS COUNCIL - DISTRICT 2
On motion of Superviso olan, seconded by Supervisor Mosel
land carried, Mabel Sattgast was appointed to the Butte County Senior
(Citizens Council, District 2.
1166 APPOINTMENT TO THE BUTTE COUNTY LAW LIBRARY BOARD OF TRUSTEES
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, Robert V. Blade was appointed to the Butte County Law Library
Board of Trustees.
1167 APPOINTMENT TO THE COUNTY EMPLOYMENT TRAINING ADVISORY YOUTH COUNCIL
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, Loyd Franklin was appointed to the County Employment Train~:ng
', Advisory Xouth Council.
1168 APPOINTMENT TO THE NORTHERN CALIFORNIA HEALTH SYSTEMS AGENCY
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the following people were appointed to the Northern California
Health Systems Agency:
Anita Bell
Doris Goodson
Page 57.
July 15, 1980
80-:1169
July 15, 1980
CLOSED HEARING: CHARLES AND ALEHA DEDEKER, ET AL - APPEAL OF DRAFT ETR 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 & 5,
WEST OF BLACK BART ROAD IN SWEDES FLAT AREA EAST OF OROVILLE
The closed hearing on Chaxles and Aleha Dedeker, et al appeal of
draft EIR 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 continued.
Earl Nelson, environmental review director, asked that the Board
continue the hearing in order to obtain an expert opinion on the two
comflicting opinions on wildlife in the area. County Counsel has suggested
that the hearing be re-opened.
Dan Blackstock, county counsel, stated that the hearing would
have to be readvertised.
Hearing open to the public.
The hearing was continued to August 5, 1980 at 11:15 a.m.
'.1170 COMMUNTCATIONS
John To11e, Chico. Mr. Tolle writes in opposition to the proposed
Sacramento Avenue Assessment District. To be considered at
the hearing on July 29, 1980.
Georgia B. Watt, Chico. Mrs. Watt writes in opposition to the proposed
~ formation of the Sacramento Avenue Assessment District. To
be considered at the hearing on July 29, 1980.
Bush X. Abadir, Chico. Mr. Abadir writes in opposition to the proposed
Sacramento Avenue Assessment District. To be considered at
the hearing on July 29, 1980.
Lewis A. and Dorothy M. Everett, Chico. Mr. and Mrs. Everett write in
opposition to the proposed Sacramento Avenue Assessment
District No. 1. To be considered at the hearing on July 29, 1980.
Shastan Company, Inc. The company writes requesting that consideration
be given to returning drainage deposits for AP 47-26-31 ($4,320)
and AP 42-21-17 ($8,208). Referred to Public Works.
Donald Petersen, Brinnon, Washington. Mr. Petersen writes requesting a
refund of funds in the amount of $971.56 that was paid in 1965
or 1966 in connection with a drainage ditch in Chico that was
not completed. Referred to Public Works.
City of Chico. U. F. Bullerjahn, chief of police, writes in support of
establishing a shelter for the implementation of the Domestic
Violence Act (SB 1246). Information; no action taken.
Paradise Pines Property Owners Association, Inc. The association writes
forwarding its resolution asking that Butte County offices be
relocated to the upper ridge area. Information; Chairman Lemke
asked for more information regarding the feasibility of relocating
the county offices in the upper ridge area near CSA 53 Fire
Station.
Stirling City Volunteer Fire Department. The department writes requesting
$40,000 in revenue sharing funds for the purchase of afire engine.
To be considered at Uud"get hearings.
Page 58.
July 15, 1980
80-
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_ _ _ - July 15,_1980 _ _ _ __ _ _ __ _ _ _ _ _
~uthern Adjustment Bureau, Inc., San Diego.- The organization, on behalf
of Loran D, and Tincie S. Rawson, file a claim for excess tax
sale proceeds in accordance with Revenue and Taxation Code
Section 4675 for AP 47--22-57. Referred to the Auditor.
Offices of Lynn Hubbard, III. The attorney,'on behalf of Donald Lee
Adams, files a claim alleging false arrest on April 17, 1980
and claims damages of $500,000. See motion following communications.
rnia State Fair. Information is forwarded concerning activities
planned for the 1980 California State Fair. Administrative Office
to contact the local Chamber of Commerce offices.
(Senator Ray Johnson. Senator Johnson forwards information and a copy of
i Assembly Bi11 1791 relating to~possession of alcohol beverages
in city or county parks, etc. Information; no action taken.
State Social Services Advisory Board. The board forwards information
relating to proposed meetings wherein the statewide refuges
situation relating to social service programs will be discussed.
Administrative Office to contact Welfare Director and EDD.
Office of the Secretary of the Treasury. The Office of Revenue Sharing .
forwards information relative to anticipated revenue sharing
~ funding beyond September 30, 1980. Discussed; no action taken.
', 1171 REJECT CLAIM - DONALD LEE ADAMS
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and carried, the claim of Donald Lee Adams alleging false arrest on April 17,
1980 and claiming damages of $500,000 was rejected and referred to County
Counsel: and Risk Management Coordinator.
1172 ADDITIONAL MATTERS PRESENTER BY BOARD MEMBERS
Chairman Lemke presented the following items:
There is a letter from California Central Valley Water Association
regarding a tour of the river to be held. Supervisors Dolan, Moseley and
Wheeler to attend the tour.
The Board of Directors of the Northern California Supervisors`
Association approved the budget and the dues for next year will be
reduced by $55 per county making the dues for the year $1,000.
The problem of aerial spraying was recommended to go back to
the general floor at the Quincy meeting of the Northern California Supervisors'
Association. If a county disagrees with action taken by the association
it would be necessary for the individual county to adopt their own resolution.
Judge Watt has written a letter advising that the oral examinations
for the Oroville Justice Court has been concluded and a list of three
names were certified as Robert Hewill, Brian Rix and Steven Howell. Interview
of candidates for Judge of the Oroville Justice Court will be held
July 22, 1980 at 2:30 p.m.
There is a letter from the Community Legal Information Center
supporting SB 1246 funds for Catalyst. Information; no action taken.
There is a problem with squatters in Butte County during the
summer months. These people come in and construct tents and make housing
facilities unt31 it is too cold to stay in Butte County. They are in
violation of the health codes, zoning codes. He asked that a squad
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be established comprised of the Health Inspector, Zoning Investigator,
Sheriff and District Attorney that would be able to go out at any time
and get the information necessary to clean up the county. He has
specifics he will be able to furnish this squad -. when it is established.
A meeting will be held on July 19, 1980 at 1:00 p.m. at
Mercy Hospital in Redding of the Emergency Medical Care Council. Chairman
Lemke asked that one of the supervisors attend this meeting. Butte
County picks up one-half of the cost of this program. The council is
about to dictate policy to the counties.
Letter from Raymond Holt requesting a refund of $5,690 in
drainage fees for AP 54-182-70 was referred to Public Works.
Supervisor Moseley stated she had received a resolution from
the Thermalito School District asking that the Board give any consideration
to the fees for new schoold buildings. They were asking for support of
AB 80.
Supervisor Wheeler stated the Board went on record to not
take any action regarding this matter,
Clif Nickelson, administrative officer, stated John Neibert had
called and wanted the Board to know about dumping of fruit. He will
report back to the Board on this matter,
RECESS: The Board recessed at 3:50 p.m. to reconvene on Wednesday,
July 16, 1980 at 9:45 a.m.
July 16, 1980
1173
RECONVENE: The Board reconvened at 9:45 a.m. pursuant to recess.
PresBnt: Supervisors Do1an:Moseley, Wheeler and Chairman Lemke.
Clif Nickelson, administrative officer; Jim Johansen, auditor;
and Clark A. Nelson, county clerk, by Cathy Pitts, assistant
clerk to the Soard. Absent: Supervisor Winston.
PUBLIC HEARING: 1980-81 BUDGET AND REVENUE SHARING FINAL USE HEARING
The public hearing on the 1980-81 budget and revenue sharing
final use hearing was held as continued.
Hearing open to the public.
Clif Nickelson, administrative officer, stated that this
session is a housekeeping matter and listening to department heads that
are not in agreement with their budgets as proposed. The department heads
that have additional items to be added to their budgets will be addressing
the Board after July 29, 1980.
Jim Johansen, auditor, stated there were seueral unknowns:
revenue sharing, property taxes and AB 8 distribution. The final day for
much of the posting to the general ledger is still being cleaned up and
will be done and the funds balances will be available. The special
district augmentation fund could have an impact on the property decisions.
They will wait to the last possible minute to redetermine the sales tax
for the coming year. They used a 15 percent increase of the prior year
because of the loss of Paradise.
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