HomeMy WebLinkAboutM071779July 17, 1979
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STATE OF GAI,IFORP:u1 )
S5.
:OUNTY OF BUTTE )
The Board of Supervisors met at 9900 a.m. pursuant to adjournment.
'resent: Supervisoxs Dolan, Moseley, Wheeler, Winston and Chairman 'Lemke.
aif Mickelson, administrative officer; Dan Blackstock, county counsel; and
;lark A, Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board.
ge of Allegiance to the Flag of tfie United States of America
ion by Supervisor Moseley
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
unanimously carried, the minutes of July 10, 1979 were approved as mailed.
THORIZE PURCHASE OF CHAIN SAWS FOR CETA FOREST SERVICE PROJECTS
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
d unanimously carried, the purchase of eight chain saws for the CETA
rest service projects at a cost of approximately $200 each was authorized.
A PROJECT TOUR SET FOR JULY 27, 1979
July 27, 1979 was the date set for the~Board members and press
tour the U.S. Forest Service CETA projects involving the youth and
It work crews.
UTHORIZE PURGHASE OF AUTOMATED FUEL DISPENSING SYSTEM AT PUBLIC WORKS
Supervisor Winston questioned whether the revenue sharing funds
o be used to purchase the automated fuel dispensing system was from last
ear's budget or from this year's budget? This would be a savings of $800
o $1,000 in the Oroville area.
Clif Mickelson, administrative officer, stated that the county
s trying to get an arrangement so the county will have cards to go .into
he Public Works yard in Chicoo This will pay for itself rapidly. The
5 million in revenue sharing is taking into consideration the unencumbered
ands from last year as well as the allocation for this year.
Supervisor Winston did not think it was fair eo allocate revenue
aring funds at this time. The Board has listened to presentations from
ople requesting the funds and they have been told that their requests
11 be considered on a priority basis.
Mr. Mickelson stated that the reason that he would like to get
ttrted is the $600 to $1,000 per month savings. The Sheriff's Office and
arious emergency services are buying gas at some of the little all-night
as stations and are paying up to $1.02 per gallon,o: This system would cost
.75 per gallon instead of $1.02. The Sheriff's cars will go through 20
allons per night.
On motion of Supervisor Winston, seconded by Supervisor Dolan
nd unanimously carried, $25,000 was appropriated from the unappropriated
eserve to capital improvements Public Works fox the purposes of funding
nstallation of an automated fuel dispensing system.
IiVVL' YKVIitiL'J.7 YHYIIC:LV'1' - t5U"1-l~C ljV U1V-l~Y t'~H 1K L'~LL'~~V'.L'liJ:k;HL YKVJ L'.1:'1'
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
unanimously carried, progress payment to Stohlman Electric in the amount
$20,206.53 for the Butte County Fair electrical project was approved.,
Page 470.
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AUTHORIZE PURCHASING OFFICER TO ACCEPT. LEGAL OWNERSHIP OF 1949 REO FIRE
TRI7CK (LICENSE E524601) FROM MAGALiA VOLUNTEER FIRE COMPANY
Supervisor Wheeler stated that the people in Cohasset have the
same situation as the Magaila Volunteer Fire Company, They do not want
to turn over the ownership of their engine to the county and cannot afford
the insurance.
Dan Blackstock, county counsel, stated that the owner of the
truck is going to be primarily liable if there is an accident. Someone
could argue that the county was also liable because the truck was being
used for their purposes. However, it is obvious that whoever is the owner
of the truck they can be personally liable. The truck should be covered
by insuranceo
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the Purchasing Officer was authorized to accept
legal ownership of 1949 Reo fire truck (license E524601) from the
Magalia Volunteer Fire Company..
AUTHORIZE DISCHARGE FFDM ACCOUNTABILITY OR COLLECTION - OROVILLE JUSTICE COURT
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, discharge from accountability or collection in
accordance with Government Code Section 25257 for 45 accounts totalling
$6,120 for the Oroville Justice Court was authorized.
ADOPT BCAG COOPERATIVE AGREEMENT
Discussion of the proposed agreement for continuing the Butte
County Association of Governments was held at this time.
Clif Nickelson, administrative officer, stated that the budget
for BCAG was previously in the Administrative Office budget. There is
a cost to the county. The proposal is to use administrative money out
of SB 325 to pay for BCAG. If this were not done then the money would
have to come from the general fund. BCAG has become not much more than
a transportation commission, BCAG is a handy vehicle for processing of
701 grant application and other attempts to obtain other funding. He
recommended that BCAG be funded by any other means possible other than
the general fund.
Supervisor Dolan stated that it was her understanding that
originally BCAG was formed because of the chance to get a grant for the
General Plan.
Dan Blackstock, county counsel, stated that this agreement
eliminated the area planning concept. BCAG was originally the Area
Planning Commission. it adopted a General Plan. Based on the General
Plan, BCAG was approving various city and district grants. Later BCAG
picked up other functions. If the Board wanted the area planning
concept continued it would have to be included in the agreement.
Supervisor Dolan stated that even the existing agreement that
designates BCAG as the Area Planning Commission does not take away the
power of the county or city to zone. It is an important policy to keep
in the by-laws since it does not take away from the local entity.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the BCAG agreement as amended and submitted to the Board was
adopted. AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolan. '
Page 471.
July 17, 1979
July_ 17 L, 1979
79` 11641 REIMBURSE SUPERINTENDENT OF_SCHOOLS BUDGET DUE TO DEFICIT
bi Discussion of the Superintendent of Schools fund balance held
at this time.
Jim Johansen, auditor, set out the background of the fund balance.
There is ?~o legal requirement that the county share of the Superintendent
of Schools budget has to be accounted for. It was set up under SB 90.
The Superintendent of Schools had a separate maximum. As he mentioned
in the report, there is a legal requirement that; not withstanding.
furnishings, the Board of Supervisors is responsible for providing services
this money is for. Proposition 13 did throw some questions into it.
It limits the Superintendent of Schools and the Board of Supervisors
liability to fund. The county responsibility, will be limited to the
Auditor's Office dividing the $4 tax rate. This will no longer appear
as a budget unit in the .county budget.
CHAIRMAN LEMKE ABSENT AT THIS 'TIME.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the $25,610 deficit in the Superintendent•of Schools budget
was authorized to be reimbursed. AYESo Supervisors Dolan, Moseley,
Wheeler and Vice Chairman Winston. ABSENTo Chairman Lemke>
116 ACCEPT AUDIT^: REPORTS - 1978 PROGRAM YEAR EXTERNAL AUDIT - HEALTH EDUCATION
A ND WELFARE AND COMMUNITY SERVICE ADMINISTRATION FUNDS ADMINISTERED BY
BUTTE COUNTY EOC
The audit of all Health Education and Welfare and Community Services
Administration funds administered by Butte County EOC completed by Matson
and Tsom Accountancy Corporation was accepted.'
116 CONSIDERATION OF CONSULTATIVE SERVICES CONTRACT WITH CSUC TO PROVIDE
PSYCHIATRIC SERVICES TO CHICO STUDENT HEALTH SERVICE AND COUNSELING CENTER
CONTINUED TO 3ULY 24, 1979
Consideration of the contract with California State University,
Chico (CSUC) to provide psychiatric consultative services to the Chico
Student Health Service and Counseling Center was continued to July 24,
1979.
l16 APPROVE TREASURER-TAX COLLECTOR ITEMS
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the following Treasurer-Tax Collector items were approved;
I. Authorized penalty relief for Fran McCauley for AP 51-162-25.
2. Denied penalty relief for Kim and George Sosnoff for
AP 58-24-83.
3. Denied penalty relief for George Sosnoff for AP 63-07-001,
4. Denied penalty relief for George and Kim Sosnoff for
AP 63-01-092.
5. Denied penalty relief for John Hasle for AP 45-50-36.
6. Denied penalty relief for Martha D. Miller for AP 53-17-121
and AP 54-12-57.
CHAIRMAN LEMRE PRESENT AT THIS TIME.
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APPROVE WATER SUPPLY SYSTEM AGREEMENT, WITH CALIFORNIA WATER SERVICE COMPATIY
FOA MEYERS STREET ASSESSMENT DISTRICT
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the water supply system agreement with California
Water Service Company covering the installation, conveyance, maintenance
and operation of a water supply system for Meyers Street Assessment District
was approved and the Chairman authorized to sign.
APPROVE PUBLIC WORKS ITEMS: ADOPT RESOLUTIONS 79-I33 & 79-134
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the following Public Works items were approved:
1. Waived the first reading of ordinance establishing sgeed
limit on Cohasset area.
2. Adopted Resolution 79-133 for summary abandonment of a portion
of Old Durham Highway and authorized Chairman to sign resolution and quitclaim
deed for said portion to Gurstel Gore, et ux in exchange for a drainage
easement.
3, Adopted resolution 79-134 for summary abandonment of a portion
of Chico-Centerville Road and authorized the Chairman to sign resolution and
quitclaim deed for said portion to Glenn Wood as condition of a right-of-way
agreement dated October 10, 1978.
4. Approved the following contract change orders for Supplement 1
Skyway FAS Project No. Y742(1) and authorized the Chairman to sign:
Contract Change Order Noo I, Supplement I to provide for
converting a volumetric measurement to weight measurement for the imported
borrow contract item.
Contract Change Order No. 2, Supplement 1 to provide for working
day extension to perform the guardrail installation as specified in
Contract Change Order No. 2.
5. Accepted the work of Butte Creek Rock Company for Skyway
FAS Project No, Y7242(1) and the Chairman authorized to sign the Notice
of Completion and the Clerk was directed to record said Notice of Completion.
ACCEPT PUBLIC WORKS DIRECTOR°S SUGGESTION THAT BOARD INVITE REPRESENTATIVES
OF EACH CITY TO MEET TO DISCUSS INTERCITY BUS TRIAL SYSTEM
Clay Castleberry, public works director, set out the background
of the intercity bus trial system. Several things have happened since
SB 620 passed. It will bring in enought money restrftted~to transportation
to pay for an intercity system he has proposed. He suggested that the
county get together with the cities and see who is interested in participating.
This would be to consider an agreement and to discuss where the system will
go. Should the county apply for federal grant money for the buses. This
would take a year. He felt it would be appropriate to ask the cities to
send someone to help us get the system going and hopefully they will approve
the county contract. He suggested this be done on a trial basis. BCAG
cannot be the operator of the system because the operator has to apply to
BCAG for money for the system. He felt the county could get by on an
interim basis by contracting to provide this system.
On motion of Supervisor Wheeler, seconded by Supervisor Winston
nd unanimously carried, the suggestion of ghe Public Works Director was
accepted that the Board invite representatives from each city to meet
with Board representatives to discuss the operation of the system, scope
of the contract, modification of SB 325 allocation, contract operation,
Page 473.
July 17, 1979
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79',- equipment acquisition, considering using new funding coming to BCAG for
~. operation and suggesting the meeting soon so as to fit with the August
BCAG meeting.
Supervisor Wheeler appointed as a member of the committee.
1171 PUBLIC HEARING DATE SET
A public hearing date of August 7, 1979 at 10:45 a.m. was set
for consideration of C. H. Patterson consideration of negative declaration
and rezone from "A-2".(general) to "C-2" {general commercial) property
located on the north side of East Avenue, approximately 400 feet west of
Esplanade, identified as AP 34-20-72, Chico,
1172 ADOPT RESOLUTION 79-134A SETTING PUBLIC HEARING DATE FOR RALPH D. DROWN
ABANDONMENT OF A PORTION OF V-4 ROAD
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, Resolution 79-134A setting a public hearing date
of August 21, 1979 at 10:15 a,m. for consideration of Ralph D. Drown
abandonment of a.portion of V-4 Road.
117 PUBLIC HEARING DATE SET: REPORT TO BOARD CONCERNING DENIED REZONE FOR
ARTHUR D. DAVIES FROM "S-R" (SUBURBAN RESIDENTIAL) TO "R-3" {MEDIUM
DENSITY RESIDENTIAL) PROPERTY LOCATED ON THE NORTH STDE OF WEST 8th AVENUE,
APPROX. 1 000 FEET WEST OF MEADOW ROAD IDENTIFIED AS AP 43-07-07 CHICO
The report to the Board concerning the denied rezone for
Arthur A. Davies from "S-R" (suburban residential) to °R-3" (medium density
residential) •groperty located on the north side of West 8th Avenue,
approximately 1,000 feet west of Meadow Road, identified as AP 43-07-07,
Chico was accepted. A public hearing date of August 7, 1979 at 10:45 a.m.
.was set for consideration of appeal of said denied rezone.
117 REPORT TO BOARD CONCERNING DENTED REZONE FOR MARION ROBINSON FROM "TM-20"
(TIMBER MOUNTAIN 20 ACRES PARCELS) AND "TM-40" (TIMBER MOUNTAIN 40 ACRE
PARGELS) TO "TM-5" (TIMBER MOUNTAIN FIVE ACRE PARCELS) PROPERTY LOCATED
ON BOTH SIDES OF GARLAND ROAD, APPRO%. ONE MILE NORTH OF DOE MILL ROAR
INTERSECTION, IDENTIFIED AS AP 56-23-01 (PORTION), FOREST RANCH
The report to the Board concerning the denied rezone for
Marion Robinson from "TM-20" {timber mountain 20 acre parcels) and "TM-40"
(timber mountain 40 acre parcels) to "TM-5" (timber mountain five acre
parcels) property located on both sides of Garland Road, approximately
one mile north of Doe Mill Road intersection, identified as AP 56-23-OI
(portion), Forest Ranch was accepted as information,
1175 REPORT TO BOARD CONCERNING WILLIAM P. MACE'S LETTER RE: MIDWAY ORCHARDS''
REQUEST FOR REMOVAL FROM LAND CONSERVATION ACT
Bettye Blair, planning director, reported to the Board
regarding William P. Mace's letter regarding Midway Orchards' request
for removal from the Land Conservation Act. A memo has been forwarded
to the Board. She has not been in contact with Mr. Mace on whether they
want to recall the initiation of the petition to withdraw from the
Land Conservation Act. The application is in Environmental Review.
Assuming there is an EIR required and there was one prepared for the
subdivision, she assumed that it would take an amount of time to restructure
the original EIR.
Dan Blackstock, county counsel, stated that he had talked with
Earl Nelson, environmental review director, and was told that a draft
w as prepared and that the proponents objected. The proponents were to
prepare a draft EIR for Environmental Review to review. The delay is
from the Midway people.
Page 474.
July 17, 1979
July 17, 1979
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79- Ms. Blair stated that the Land Conservation Act Committee
b'! considered three applications on the day of the hearing for Midway Orchards.
They were handled in the same manner... As a matter of record all three
were recommended not to be removed from the Williamson Act. She felt the
procedure was proper.
Chairman Lemke to write letter advising Mr. Mace of where the
petition is in process.
RECESS: 10:03 a.m.
RECONVENE: 10:15 a.m.
EXECUTIVE SESSION: The Board recessed at 10;16 a.m, to hold an executive
session regarding litigation.
' RECONVENE; The Board reconvened at 10;38 a.m. following an executive
session regarding litigation. No announcements at this time.
1176 ADOPT RESOLUTION 79-135: PUBLIC HEARING: ELLEN OCHS ABANDONMENT OF PUBLIC
UTILITY EASEMENT LOT 140 UNIT 4 PARADISE PINES
The public hearing on the E11en Ochs abandonment of public
utility easement, Lot 140, Unit 4, Paradise Pines was held as advertised.
Bettye Blair, planning director, set aut the background of the
abandonment. The abandonment was received by Public Works and they have
no interest or need for the easement. The Planning Commission recommended
approval.
Hearing open to-the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Dolan, seconded by Supe rvisor Wheeler
and unanimously carried, Resolution 79 135 abandoning public utility
easement, Lot 140, Unit 4, Paradise Pines for Ellen Ochs was adopted and
the Chairman authorized to sign.
1177 ADOPT RESOLUTION 79-136: PUBLIC HEARING: ABANDONMENT OF A PORTION OF
ROSEHILL ROAD IN PARADISE
The public hearing on consideration of abandonment of a portion
of Rosehill Road in Paradise was held as advertised.
Clay Castleberry, public works director, set out the background
of the abandonment. This was originally an illegal subdivision and the
developer was required to do improvements and submit a map. About 18
month ago, a maintenance agreement was recorded inadvertently by his
department. It was accepted by the county for gublic use. A portion of
Scoftwood~ was not available for public use. The developer has paid for
improvement of the road. He felt that this should not be a county road
and should go back to private road status. The .abandonment would be to
orrect an error made by his department and the engineer who did the map.
The property owner, has a narrow access to the north,
Del Siemsen, deputy county counsel, advised the Board there
is no liability to the county.
Hearing open to the public. Appearing: Pat Gaffwell, Oroville.
Mro Gaffwell stated that he held the interest to the north of the subject
property. He wondered whether the right-of-way world-.still exist. He
asked if the lower part would have access to the subdivision.
Page 475:
July'17, 1979
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July 17, 1979
PUBLIC HEARING: RALPH L. PIERSON - APPEAL OF ADVISORY AGENCY'S CONDTTTON 11
ON TENTATIVE PARCEL MAP RELATING TO REQUIREMENT OF FIRE DEPARTMENT FOR
DEPOSIT OF FIRE HYDRANTS, .TWO LOTS, AP 72-23-33, LEFT SIDE OF WSANDOTTE-
MINERS RANCH ROAD, APPROX. 2,400 FEET NORTH OF ORO-BANGOR HIGHWAY,
WYANDOTTE AREA
The public hearing on Ralph L. Piersan appeal of Advisory Agency's
condition 11 on tentative parcel map relating to requirement of the fire
department for deposit of fire hydrants, two lots, AP 72-23-33, left side
of Wyandotte'Miners Ranch Road, approximately 2,400 feet north of Oro-Bangor
Highway, Wyandotte area was held at this time.
Ciay Castleberry, public works director, set out the background
of the condition. This is two parcels of 6.6 acres each. This property
is not adjacent to a county road. This area is served by OWID water.
He did not believe there was piped water to the immediate neighborhood.
The deposit is $1,414056. It is many miles away from a fire hydrant.
He did .not think there was pressure water in the area.
Hearing open to the public. Appearing: Mike Evans, Graves &
Associates. Mr. Evans stated that there is no pipe water under pressure.
The nearest water line is fronting on Wyandotte Miners Ranch Road. This
is a private line. The property is off the road about 400 feeto There
are two ponds within 500 feet of the property. This property is one and
one-half miles outside the urban area. The $1,400 fee is larger than the
cost of the parcel map.
Hearing closed to the public and confined to the Board.
1180
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the appeal of condition 11 was upheld and was
deleted from the conditions on tentative parcel map; two lots, AP 72-23-33,
left side of Wyandotte_Miners Ranch Road, approximately 2,400 feet north
~f Ora-Bangor Highway, Wyandotte area,
CONTINUED PUBLIC HEARING: RICHARD E. CHARMBURY - APPEAL OF NEGATIVE DECLARATION
AND USE PERMIT GRANTED BY PLANNING COMMISSION TO ALLOW A 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
The public hearing on Richard E. Charmbury appeal of negative
declaration and use permit granted by the Planning Commission to allow a
riachine shop and showroom on property zoned "A-2 Ltd" located on the west
side of Skyway, approximately 180 feet south of Coldren Road, identified
3s AP 50-06-16, Paradise was held as continued.
Richard Molcar, environmental review, set out the background
if the negative declaration. This is a proposed use for a machine shop
gut commercial use and repair and equipment in an existing building.
Che original project had a conditional negative declaration on June 13, 1979
with two mitigation measures. Citizen input and MAC input was provided
end the initial study checklist was revised. Comments were added to
•eflect the concerns expressed. The impacts that were identified were:
toise, glare, aestethic decline for the area and possible conflict of the
ise with .the surrounding area. He did not feel that this project warranted
~n EIR because of the mitigation measures that were added to the negative
ieclaration.
Bettye Blair, planning director, set out the background of the
ise permit. The Board has received copies of the minutes and findings
end copies of letters submitted.
Page 478.
July 17, 1979
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July 17, 1979
Mr. Castleberry stated that the county is not considering any
action regarding the right-of-way as it was not considered for dedication.
The lower portion of the property would stay the way it is.
Hearing closed to the public and confined to the Boardo
1178
On motion of Sum rvisor Winston, seconded by Supervisor Moseley
and carried, Resolution 79-13b abandoning a portion of Rosehill Road in
Paradise was adopted and the Chairman authorized to sign. AYES:Supervisors
Moseley, Wheeler, Winston and Chairman Lemke. ABSTAINING: Supervisor Dolan.
ADOPT RESOLUTIONS 79-137 TO 79-143: PUBLIC HEARING: CONSIDERATION OF
DISTRICT FORMATIONS AND ESTABLISHMENT OF PER PARCEL SERVICE CHARGES FOR
COUNTY SERVICE AREAS ~~60 THROUGH ~~66
The public hearing on consideration of district formation and
establishment of a per parcei service charge for County Service Areas
#60 through ~~66 was held as advertised.
Mike Pyeatt, assistant administrative officer, stated that
all seven of these proposed county service areas are the result of the
condition to install street lights on subdivision maps. Since the
information regarding the per parcel service charges was forwarded to the
Board, the Administrative Office has discussed the matter with PG&E., There
would be several changes made in the per parcei charges as follows:
CSA ~F60, Lassenwood Subdivision Street Lighting District-Chico;
No change, $24.41.
CSA ~~61, Shasta Park Street Lighting District, Chico, Decrease
from $23.24 to $19,37 because of one less street light being installed.
CSA ~~62 Rancho De Thunder Unit No. 1 Street Lighting District-
Chico, No change, $32.54.
CSA ~~63, Ward Subdivision Street Lighting District-Chico, Increase,
from $27.12 to $38.39 as a result of steel poles being installed instead
of wood.
CSA ~~64, Paradise Plaza Subdivision Street Lighting District-
Paradise, No change, $104.50.
CSA ~~65, Stoneson Unit No. 1 Street Lighting District-Paradise,
Increase from $34.87 to $36.72 as a result of using wooden poles rather
than the street light on existing poles.
CSA ~~66, Peach Tree Place Street Lighting District-Chico, Increase,
from $18.08 to $25.59 because steel poles are being installed instead of
wooden ones.
Bill Turpin, administrative analyst, stated that the fees would
be collected through the property tax bills. He has heard of no inquiries
or complaints of the service charges through the Clerk's Office.
Hearing opened to the public. Appearing:
1. DeVere Pace, Chico, Mr. Pace questioned whether the service
charges would be placed before the voters after the public hearing and
if these charges qualify under Proposition 13 with the increase in taxes.
Mr. Turpin advised that under Section 25-210.77A a service
charge procedure was used in Paradise prior to Proposition 13. It is
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July 17, 1979
necessary to hold a public hearing in order to set a county service area
up. It is necessary to go back to the people for a per parcel rate.
Hearing closed to the public and confined to the Board.
SUPERVISOR WHEELER ABSENT AT THIS TIME
Supervisor Dolan stated that she had been contacted by the
people living in CSA.4k66, Peach Tree Place Street Lighting District,
Chico. They have asked that the matter be continued so that they may
contact their neighbors. Supervisor Dolan asked that the matter be
continued for one week because some of the sertrice charges had been
increased. She questioned how the legal notices were sent.
Supervisor Winston advised Supervisor Dolan that the procedures
were set out by law. The county advertised through legal notices. He felt
the county would be establishing a precedent for the future service areas
if they changed the procedures on the hearing scheduled.
It was moved by Supervisor Dolan, seconded by Supervisor Winston
that the decision on the service charges for the county service areas
be held •-for one week. AYES: Supervisors Dolan azd Winston. NOES:
Supervisors Moseley and Chairman Lemke. ABSENT: Supervisor Wheeler
Motion fails.
SUPERVISOR WHEELER PRESENT AT TH25 TIME,
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, having proceeded in accordance with the law, the following
resolutions were adopted and the Chairman authorized to sign and a
per parcel service charge was levied as set out below:
1. Resolution 79-137 establishing County Serviee Area ~k60
Lassenwood Subdivision Street Lighting District, Chico with a per parcel
service charges of $24.41.
2. Resolution 79-138 establishing County Service Area ~~61
Shasta Park Street Lighting District, Chico with a per parcel service
charge of $19.37.
3o Resolution 79-139 establishing County Service Area ~~62
Rancho de Thunder Unit No. 1 Street Lighting District, Chico with a per
parcel service charge of $32.5.4.
4. Resolution 79-140 establishing County Service Area ~~63
Ward Subdivision Street Lighting District, Chico with a per parcel service
charge of $38.39.
5. Resolution 79-141 establishing County Service Area ~~64
Paradise Plaza Street Lighting District, Paradise with a per parcel service
charge of $104,50.
6. Resolution 79-142 establishing County Service Area ~~65
Stoneson Unit No, 1 Street Lighting District, Paradise with a per parcel
service charge of $36.72.
7. Resolution 79-143 establishing County Service Area ~~66
Peach Tree Place Street Lighting District, Chico with a per parcel service
charge of $25:59.
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolan page 477,
July 17, 1979
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Hearing open to the public. Appearing:
1, Lucille Seamano Mrs. Seaman stated that she had lived
in the, area for 20 years. She never expected to have commercial move
in. It is industrial. This business would be right in her door. Her
property is in a pie shape z.and is very small, There is na room to park
cars on the subject propertyo She planted shrubs along her property when
another commercial business was approved, She felt that this use was
industrial and not commercialo She hoped the Board would deny the use
permit.
2. Marian Wortho Mrs. Worth presented a letter from Alice
Barratt. There will be additional noise and traffic in the area, The
traffic is bad at the present time. There is no room to park cars.
Mr. Charmbury has to park his cars in the yardo There is 90% or more
in residential use. She felt the Board should deny the use permit.
3. Richard Charmbury. Mr. Charmbury stated that he did not
want to infringe. on the neighbors. The house has been redone outside.
He expects to keep his business in a mannerly order. •The garage was
always bui1~E as a shop. A11 of the business will be inside the building.
He will be manufacturing small parts for Navy submarines and aerospace.
He .does not employ anyone. He was going to use the showroom for selling
industrial tools. These tools would be for plumbers and carpenters.
He has two milling machines and a lathe. He has never exceeded 65 decibals.
He also has a five tone punch press. The shop is approximately 100 to
150 feet away from Mrs. Seaman's house. He would be willing to put
up Ttalian cypress tress on the property.
Mrs. Seaman stated that she could not look out her front
window without looking into the machine shop.
Mrs. Worth stated that there has never been a machine shop
conducted at that place. Mr. Charmbury has put in a septic tank on the
property. He has improved the property. She has nothing against Mr.
Charmbury. She felt this was an industrial use not a commercial use.
Del Siemsen, deputy county counsel, defined an industrial use.
On the basis of the testimony he felt that it would probably be classed
under the industrial definitiono
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, finding that although the proposed project could
have a significant effect on the environment, there will not be a significant
effect in this case 'because the mitigation measures described below have
been added to the project and a negative declaration was accepted:
1. Noise generated by the machine shop shall be controlled at a level
of 65 dB CNEL at the property boundary.
2. Business hours shall be limited to day-light hours: 7AM-6PM
3. A1.1 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 roadse
4. The exterior of the building shall be maintained in an orderly
condition. Outside storage of .materials shall not be allowed.
Page 479.
July 17, 1979
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July 17, 1979
5. Screen, landscaping or fencing be installed along southerly property
line to screen property.
It was moved by Supervisor Winston, seconded by Supervisor
Wheeler .on the basis finding that the propose use is in conformity with
the General Plan and in light of the mitigation measures, the appeal of
the use permit issued to Richard Charmbury be denied with the findings
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 residing or working in the neighborhood
or to the general health, welfare and safety of the county; subject to the
following conditions:
1. Noise generated by the machine shop shall be controlled at a level
of 65 dB CNET, at the property boundary.
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.
4. The exterior of the building shall be maintained in an orderly
condition. outside storage of materials shall not be allowed.
5. Screen, landscaping or fencing be installed along southerly property
line to screen property.
6. Provide five off-street parking spaces designed in accordance
with attached standards.
7. Deed to the County of Butte 40 feet of right-of-way from the
centerline of Skyway.
8. Construct vertical curb, gutter, sidewalk and widen Skyway to
RS-2A road standards. Construction can be deferred for two years.
9. Provide a permanent solution for drainage and submit construction
and drainage plans to Department of Public Works for approval and
install required facilties.
10. Must be owner operation with no employees.
11. Conform to requirements of Uniform Fire Prevention Code 1973 Edition,
Applicant must also comply with all applicable State and local
statutes, ordinances and regulations.
:: Supervisor Dolan felt that the use is incompatible with the
surrounding; uses. She could not support the use permit and make the
findings.
Vote on motion:
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Zemke
NOES: Supervisor Dolan
Motion carries.
Page 480.
July 17, 1979
July 17,_1979 _ _ _ _ _
_ ~ ~ W .~ Q C
79't RECESS: 11:44 a.m.
'~'! RECONVENE: 11:50 a.m.
118 REAFFIRM RE UIREi~NT FOR EVER GLO THAT TOM POLK BE EXTENDED TO LASSEN AVENUE
Russ Croninger, Ringel and Associates, asked for clarification
as far as the requirement to extend Tom Polk Avenue to Lassen Avenue for
the Ever Glo project. Some months ago E1 Paso Way was denied as a
thoroughfare. He suggested some alternatives for the Ever Glo map.
At that time the project which is bound by Tom Palk Avenue was sent
back for more planning to come back through the Planning Commission with
the extension of Tom Polk Avenue. Now that E1 PasiWay is closed he
did not believe that this was the proper planning. He wondered what
direction he should take for this project.
Clay Castleberry, public works director, stated that he
understood that Tom Polk should be extended through to Lassen Avenue.
The thinking was that another road through would have perhaps alleviated
some of the concern on E1 Paso Way. Subsequent to that, the Board
authorized the closure of E1 Paso Way.
Supervisor Wheeler stated that when the E1 Paso Way matter was
before the Board there was no indication that this was a permanent solution.
They are seeking alternative solution to the problem. The closure of
E1 Paso Way allows the time to study that area. She has a meeting coming
up next week to see what direction is necessary for that area.
Supervisor Dolan did not think that was what was discussed.
She did not feel that Tom Polk Avenue should be extended.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, the Board reaffirmed the requirement for Ever Glo that Tom
Polk Avenue be extended to Lassen Avenue. AYES: Supervisors Moseley,
Wheeler, Winston and Chairman Lemke, NOES: Supervisor Dolan.
118 DISCUSSION WITH REPRESENTATIVES OF STATE DEPARTMENT OF AGING CONCERNING
THE PURPOSES, RESPONSIBILITIES, INITIATION AND DESIGNATION OF AN AREA
AGENCY ON AGING (AAA)
Bill Saulter, regional director for Department of Aging,
presented Ms. Dee Hartin who explained the Area Agency on Aging
designation.
Ms. Hartin stated that she had sent copies of what an Area
Agency on Aging is. The Agency that will be designated is for planning
and service area to carry out the business of the Department of Aging.
It will also be to provide a plan for the area to coordinate services
and service systems within the five county area. The Planning and
service area must have an area plan and Area Agency on Aging by
October 1, 1980 in order for any project to qualify for any funds.
They are looking for a granting agency to provide the responsibility.
This can be a private, non-private or public agency. In the case
of a multi-county it could be by joint powers agreement, The responsibility
of the granting agency is to assure that the plan is implemented and is
carried out, This is to provide the best possible service with the
least amount of duplication of services. In the planning process it will
be necessary to have the community tell the department who they feel is
the best agency. They are asking a member of each Board of Supervisors
to serve on a service area task force. It will-be the task force's
responsibility to advise of potential Area Agency on Aging. They will
have to submit a letter of intent and provide an evaluation and-recommend-
ation to the Department of Aging. She set out the time frame of .what
Page 481.
July 17, 1979
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1184
1185
1186
July 17, 1979
needs to be done: the time lines for designation of an Area Agency on
Aging is from July to September; the task force should be established by
October; the Department of Aging should receive the recommendations by
Becember; the area plan will be developed in January and they will have
a three-year area plan from the new agency in July, 1980. They have
tentative allocated a plan for each area because they are trying not
to cut back the Department of Aging. The amount of $105,000 is proposed
for Area III. The next change that can be made to designations is in
October 1, 1983.
Supervisor Moseley stated that she personally would not Like
to see these established. She did not approve of them. She did not see
that they could eliminate duplication of services. The Board has been
trying to eliminate this duplication for about 2-1/2 years.
Ms. Hartin stated that hopefully the Area Agency will be able
:o find where the areas of need are.
Supervisor Winston stated that he agreed with Supervisor Moseley.
There is considerable duplication. The Board has a Senior Citizens Council
who are aware of the problems. With the Area Agency on Aging the county
will have the control for the programs on a local level. He felt that this
would be better than what we have now.
Ms. Hartin stated that the Department established a base
allocation for the administrative costs. She hoped that this would not
cut back on the present services. The administrative costs will be in
addition to the allocation for services.
Supervisors Moseley and Winston appointed as members to the
task force.
PRESENTATION OF CERTIFICATE OF APPRECIATION TO BILL STAFFORD, BUTTE COUNTY
FIRE DEPARTMENT
Chairman Lemke presented a certificate of appreciation to Bill
Stafford, Butte County Eire Department for his 35 years with the county.
RECESS: 12:17 p.m.
RECONVENE: 1:36 p.m.
DISSOLVE EXISTING CHILD HEALTH AND DISABILITIES PREVENTION PROGRAM ADVISOR'Y'
BOARD AND POST VACANCIES
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the existing Child Health and Disabilities
Prevention Program Advisory Board was dissolved and the Administrative
Officer instructed to post vacancies.
APPOINTMENT TO NORTHERN CALIFORNIA HEALTH SYSTEMS AGENCY - CONTINUED TO
JULY 24, 1979
The appointment to the Northern California Health Systems.
Agency was continued to July 24, 1979.
DISCUSSION: REPROGRAMMING OF 1979-80 HCD FUNDS APPROVED ON JULY 10 1979
Discussion of the reprogramming of the 1979-80 HCD funds that
aas approved on July 10, 1979 held at this time.
Supervisor Dolan stated that she had sent a memo to the Board
regarding this matter. She felt that a rehearing was in order. The
reprogramming does not have a specific dateline. She thought that they
Caere talking about 1980-81. While the county has two areas they want to
3o rehabilitation in she was-concerned that HUD would not allow the
' Page 482.
July 17, 1979
3
July 17, 1979
county to split their effortso She met with the program manager of HUD
on Friday with other interested people. 'She found that the county can
split their efforts. Ha major concern was that the:.public notice was not
adequate. She felt that there should be a hearing again. It was not until
after the hearing that people became aware of the hearing. She felt that
the county should hold another hearing and that the people on the Housing
Advisory Agency be notified of the proposed reprogrammingo She requested
that the agency and the Board be given backup in writing prior to the
hearing.
Supervisor Winston stated that he had a copy of the letter from
Supervisor Dolan. The necessity of what took place was reflected in the
minutes of March 20, 1979 in which they reflect that in Mr. Connerly's
opinion that after consultation with HUD it would be to the county's
advantage to use block grant funds for E1 Medio. In the April 3, 1979
minutes Mr. Connerly stated his recommendation would. be that the county
apply for grant funds for El Medio only. On two occasions, the problem
was called to the Board's attentiono In his opinion they were answered.
This is why he felt comfortable in making the decision he did. He has
every reason to have confidence in Mr. Connerly. The record will show
that he has not always been in favor of HCD items. Farther recognition
of the fact that the recommendations were in order was April 17, 1979.
Mr. Connerly appeared before the Board and talked about the lack of
funding. He mentioned the innovative grant proposal for Chapmantown
stating that there is $550,000 of rehabilitation money available. He
also stated that competition for the-funds would be fierce. and tEeat
the possibility was great the county would not get them. The Board
authorized him to proceed with the innovative grant realizing that
eventually and recommendation to funnel the funds would be in the,El
Medio area. On May 8, 1979 Mr. .Connerly came to the Board with E,F.
Hutton Company. This was a discussion of bonds and the possibility of
tax exempt bonds.
Supervisor Winston felt that the notice that was given for the
hearing held .last week was adequateo The members of the Board .knew
of the fact that there was a distinct possibility that this was forthcoming.
Edward Caldwell, Chapmantown Improvement Association, thanked
the Board for their efforts. This program is really important to turn
our poor areas around. Last Tuesday the proposal concerning Chapmantown
was brought to the Board. The Board was presented with untrue facts.
Those facts were that it was necessary to finish So Oroville. The Board
noted not only to take funds from block grant but to pull out of Chapmantown
next year and probably longer. This was because HUD had changed their
mind. He presented the Board with a copy of a memorandum of understanding
with Alan Goldfarb. If Mr. Connerly wanted the program to stay in El
Medio he should have said it was his opinion. HUD never tells a local
area to finish their project. Most applications are for one, two or
three years. The county has been in South Oroville for more than three
years. There is no area too poor to be granted. Citizen participation
is very important to HUD. HUD expects block grant to help low and moderate
income citizens, Loans can be given for Iow income people. HUD expects
some people not to be bankable. Mr. Connerly implicated that the decision
had to be made by the next day. He felt this was an intent to mislead
the Board of Supervisors into making a decision before they had the time
to decide. HUD-said there never was a deadline for reprogramming. The.
county has a citizens.' advisory committee and they were never notified.
A major policy decision should have been discussed with this committee.
He requested a re-examination of the Board's decision made last week.
He requested that the Board reverse their action and put the funding
back to Chapmantown. He did not want to take away from E1 Medio. It
would seem only fair to apply for Chapmantown.
Page 483.
July 17,1979
_ _ _ _ _ _ _ July l7, 1979 _ _
^Mr.^Caldwell stated^that their association met last night with
30 people at the meeting. There are some lots in Chapmantown that the
county owns and plans to develop. .He wanted to see this guaranteed.
Supervisor Winston stated that in light of the transcript of
last week's meeting in which Mr. Connerly stated that he had a meeting
with HUD offices to ,go over what the County wants and in light of the
previous conversations with the Board from March 20, 1979 he was under
no pressure in making the decision last week.
Supervisor Dolan stated that she felt that HUD was giving the
Board this direction for this reprogramming. She felt there was a need
for citizen participation. She felt the Board made a decision in a bad
way. There was no adequate notice. The county should have let the
advisory agency know. She was taking her part in the responsibility.
The Board needs to be told when there is a policy that can be decided by
the Board and when it is a policy from HUD. The county should do a
little better than they do than following just the letter of the law.
She attended the meeting with HUD and found that there was no deadline.
Supervisor Winston stated that Supervisor Dolan read into that
statement that there is a deadline. He wondered whether Supervisor Dolan
was aware of the sum of money being spent in Chapmantown with the project
underway. The Chapmantown improvement contract was $291,391 financed
through revenue sharing, HCD road funds, City of Chico and HCD reprogramming.
He felt that taking the advise of the Board's consultant he was pursuing.
the course of action to correct the evils of Butte County society.
Dirk Delu, Chapmantown committee, stated that he was never
advised of this meeting. The residents were not notified. They really
need that notice. According to HDD the citizens individually and as
represented by the advisory committee are to be part of the inception
on the righting on the application, implementation and evaluation.
He did not feel the citizens have been involved. It seems to be difficult
to get information on what is going on. He has been before the Board in
the past asking for a meeting of the citizens. The meeting was held in
Oroville. At one of the meetings, he was advised that the property
purchased would be used for the Housing Authority to create low income
housing. There is now a possibility of a developer taking over the
property and they do not need new construction. What happened to low
income housing? Tt is very frustrating that no one was notified of the
meeting.
Supervisor Winston stated that earlier in the meeting the Board.
discussed legal notices. He reads the legal notices.. This meeting was
noticed.
Mr. Ae1u stated that one notice in the paper was not considered
sufficient. Those legal notices are not getting out to the people.
There should be notices given to the people to pass them out. He did not
know how many people read the legal notices. He felt that postering and
notification to the people in the area and the organizations representing
the area should be sent.
Supervisor Winston stated that he could see an avalanche of
papero On the one hand there is a segment of the population that is saying
cut down on spending and other people saying you have to do this or
thuso He notices that the single interest groups appear before the Boardo
He did not feel the county has abandoned Chapmantown. The county wants
to leave an amount of money because they are coming back to Chapmantown.
The county is going to concentraCe-and finish the El Medio project.
Page 484.
.7uly 17, 1979
79
3i
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Et is a decision the-Board-has-to make. The-finish of E1 Medio is in the
Foreseeable future. He planned to see that all efforts are channeled
into the Chapmantown area, There are some people in Chapmantown that say
Leave us alone. There ha s, been arguing over public works expenditures.
Mr. Delu•:. felt that when the people voted for Preposition 13
they said cut the fat out but not the people.
Supervisor Winston invited Mr. Delue to participate in the
budget hearings and to try and find the fat. He asked for any of his
ideas.
Mr. Delu.. stated that Chapmantown does need the money, They
need the money now. He knew that E1 Medio had received a lot of money.
Ward Connerly stated that he was shocked that after the pains
he went to to tell the Board that this is the way the county needs to do
it and to answer the Board's questions to state as forthrightly that it
was his belief to come away with the conclusion that he had said that
HUD said. He knew the Board had pressures. He has said •to this Board
that any time they get three votes and they want to get someone else
just let him know. But, until that happens, if the Board is going to
entrust him with the responsibility, then get off his back. Mr.
Oonnerly stated that the county sent a consultant d'nwn to find out what
HUD wants. When he arrived he was not alone. There were taxpayers and
Supervisor Dolan at the meeting ~•d that she had talked to Clif Mickelson
and was representing the county. This made the county look like a bunch
of flakes. Mr. Caldwell was at the meeting last week. He said that I
misrepresented the facts. Mr. Caldwell is off base. The reprogramming is
$35,000. He came to the Board last week and it was his judgment that
if the county goes for more than one area they will bomb out. He was not
here to massage Chapmantown. It was on his recommendation that the county
and city of Chico went into Chapmantown. The county pays for his judgment.
Tlie county did not have an obligation of having a public hearing. If anyone
had an idea about the process, the would have known that. Three weeks
ago the Auditor said that they had overdrawn their accounts. A meeting
as set up with HUD. The Board would like to get squared away. He
arranged a meeting with HUD for July 11, 1979. He wanted to get direction
of what program amendments to make from the Board. The Board did not meet
on July 3, 1979. At that moment he did not have the exact figures of
what was needed to transfer. He advised the Board at the time that. he
was not able to bring the figures to him in writing. He met with HUD
on July 11, 1979 and said that basically this is where we are going.
These are the program amendments Butte County would like to make.
HUD started undertaking a meeting arranged by CHIP on Friday, The first
question was why was the county invited to this meeting, Supervisor Dolan
stated that she had talked to Clif and was the supervisor representing
the county.
Supervisor Dolan stated that she had said that she had discussed
the matter with Mr. Mickelson and had come down to get information from
HUD. She never said she was representing this Board, She had wanted
more information to reconsider the decision that had been made, She
has her obligation. In her mind, the meeting did not get public notice,
There is a need to involve the area. People have to live with the Board's
decision.
Mr. Connerly stated that HUD informed him that the changes were
not substantial enought to need a public hearing. It does not require
getting HUD approval. This was a reprogramming of $35,000 from Chapmantown
to E1 Medio, There is $500,000 Co the city.
Page 485.
July 17, 1979
79-
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_ _ _ _ _ _ _ - - - - _ ,~'u7.y_ 17 ~ 1979 _ _ _ _ = - _ _ _ _ _ _ _ _ _ _
Supervisor Winston stated that the new balance for Chapmantown
was $94,184. He hoped that everyone would realize that they have one
purpose in mind in spending these funds and that is to help as-many
people as they can. He felt that the things said today were very
unfortunate and hoped they could be forgotten.
Mr. Caldwell answered comments Mr. Connerly made regarding the
meeting. One of the reasons that meeting was called was that in checking
from HUD they were getting different answers from what the county said.
They wanted to clarify things. They have been talking to the city about
trying to make better public notices. HUD said it is not sufficient
notice. The Chapmantown Improvement Association asked Supervisor Dolan
what really happened at the Board meeting. She advised them the Board
did not have anything in writing and she was not too sure.
Chairman Lemke asked Mr. Caldwell why he did nat call the
supervisor from his district.
Mr. Caldwell stated that there are two supervisors from Chapmantown.
The major area is Chairman Lemke's district and the other is Supervisor
Wheeler. Chairman Lemke was contacted. Mary Waters called Chairman
Lemke yesterday.
Chairman Lemke stated that the reason he had asked the question
was that when he campaigned for office he talked about being a town hall
candidate and was going to hold townhall meetings. After six months
he quit holding the meetings as there was no attendance. The biggest
number of people was three persons attending a meeting. Why wasn't he
called to talk .,to the association at their meeting held last night2
In the event that future public hearings are necessary, the county will
make every effort to notify the people through the media and contact with
the citizen committees that the county is aware of that the meetings will
be held. As far as public notice for last Tuesday's action is concerned,
HUD has stated it was of so minimal amount that the county did not need
a public hearing even though the county did notice the meeting in the
paper. He would like to be involved. All the association has to do is
let him. know about their meetings. The communications goes both ways.
Mr. Caldwell stated that he felt that there was misinformation
from Mr. Connerly. He stated that HUD had changed its mind and its policy.
After talking to HUA, they said they did not change their minds. This
has not been addressed. There has never been a deadline for program
amendments. HUD is not making any requirements for a certain amount of
work to be done, HUD never indicated that CBG funds would be in jeopardy.
He wondered why for another year and possibly two years El Medio might
get the county's total attention.
Chairman Lemke stated that he did not understand how transferring
$35,000 from $94,000 indicates a total attention is being placed in E1
Medioo Chapmantown is not totally ignored. He wanted to make that clear
and asked the press to make it clear that the county is not pulling out of
Chapmantown. They are transferring $35,000,
Supervisor Winston stated that in Mr. Caldwell`s memorandum
of understanding on page 2 he states since the program amendment was
under 10% of budget no public hearing was really required. On March 20
and April 3, 1979 Mr. Connerly came before the Board and :said there
might be some recommendation that they use all block grant in one area.
He did not feel the county could forget about Chapmantawn. Tn light
of the amount of funds the county is administering, $35,000 is a small
amount, The county did not need ,a public hearing but noticed it,
Page 485.
July 17, 1979
79'-
July 17, 1979
Chairman Lemke stated that one of thethings that would help is
for staff to mail notices to citizens advisory committee of the public
hearings that need to be held,
It was moved by Supervisor Winston, seconded by Supervisor
Wheeler that the Board reaffirm their action of Juiy 10, 1979 with regard
to rebudgeting of HCD funds.
Supervisor Dolan stated that she could not support the motion
because it does not include renoticing. The Board needs the people's
support.
Fran Wagstaff stated that she had read about the change and
was puzzled that a major decision in policy was made. She was talking
about the decision to concentrate in E1 Medio. It is a decision that
should involve. a lot of people in Butte County. She had read that i~[JD
had changed their mind and that therefore the county had to finish the
project in Oroville. There is a real question of what finished is.
She was more familiar with the Chapmantown area but was concerned about
people in all communities. She has heard that Chapmantown is so poor
and the income is so bad. She questioned IiUD as to whether it was true
that maybe money would not work. She felt that if il'[JD would not work in
Chapmantown then there was a need to find another way to help the area.
3hefelt the meeting with the people in F1IID was not inappropriate. It is
appropriate to ask them questions. The decision should be made at a local
level, tItJD said it is up to the local community where the rehabilitation
Jill bed Maybe the county should consider working one year in El Medio
end one year in Chapmantown. There are other possibilities. Their
interest is to see poor people get housing they need, She asked that the
Board reconsider their decision of last week,
Motion withdrawn.
lla7
Supervisor Winston stated that in view of the fact there was
so much dissatisfaction with Mr. Connerly service did the Board want to
suspend services to the county of Butted
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, the Board reaffirmed their action of July Z0, 1979 with regard
to rebudgeting of IIGD funds. AYES: Supervisor Moseley, Wheeler, Winston
and Chairman Lemke. NOES: Supervisor Dolan.
Supervisor Wheeler stated that the vote on this motion did not
mean that the Board cannot say they cannot go into Chapmantown.
COMMUNICATIONS
Cal/American Land Exchange Inc. The firm writes appealing the Advisory
Agency's condition 7 concerning verification of 60-foot legal
access to a public maintained road, AP 56-05-42, three lots,_
_- __
- - east -of-State`Highway 32 between Big and Little Chico Creeks, ____
one-half mile south of Ten Mile House Road, Fores Ranch area.
Set for hearing August 7, 1979 at 11:00 a.m.
Droville-Wyandotte Irrigation District. The District forwards its
resolutions authorizing the adding to the tax rolls delinquent
accounts and authorizing the adding to the tax rolls Improvement
District No. 5 assessment. Referred to the Auditor.
;erald Boles, Chico. Mr. Boles writes with regard to the Casa De Flores
Mobile Home Park compliance with the conditions of the use permit
..... ........ .
__
__
__
in closing the gate onto White Avenue to all but emergency traffic.
__ - __ _ __
__
Supervisor Wheeler to check on the matter. •
Page 487. 3uly 17, 1979
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July 17,-1979 --------- - - ---
_ _ _ _ _ _ _ _ ~ ~ ~ W ~ ~ - - - - - - - - - - - - - - - - - - _
Butte County Fair.. The Fair writes in support of the Court Work Referral
Program. Information; no action taken.
Maxine McCulloch, .Chico. -Mrs. McCulloch writes requesting the Board
construct a maximum library building in the Chico urban area.
Information; no action taken.
George H. McLane, Chico. Reverend McLane forwards information advising
the Board of the activities of the Superior California Senior
Citizens project and State Department of Aging activities.
Information; no action taken.
James Metroka, et al, Paradise. A letter containing ten signatures has
been received requesting that the county correct drainage
problems in the Paradise area. Referred to Public Works for
response.
Sacramento Safety Council, Inc. The organization advises that the National
Safety Council has approved the expansion of the Sacramento Safety
Council service area to include Butte County 'and forwards information.
Information; no action taken.
CONTINUED DISCUSSION: REPROGRAMMING OF 1979-80 HCD FUNDS APPROVED ON
JULY Z0, 1979
Continued discussion of reprogramming of 1979-80 HCD funds
approved by the Board on July 10, 1979 was held at this time.
Mark Miller stated that he was at the meetings held last spring
and stated that there was some confusion over the issue that occurred
last week. The discussion of the previous meetings did not talk about
funds that~had been a~eceived and allocated. He never heard of fund
reprogramming. The people were not aware of the meeting. Another issue
he was concerned with is that there is in fact a lot of money being
spent in Chapmantown and the drainage project that was referred to. It
is going to benefit new development than benefit residents of Chapmantown.
He felt the drainage was necessary to subdivide. It might be necessary
for the Chapmantown people. Another point is the innovative grant.
This was brought up last spring at the time. Innovative energy is
paramont in the grant. .There is no mention of energy conservation.
.That question was presented to Mr. Connerly. He failed to respond to
it. High density is going to have to come. A result of this is
neighborhood displacement. What does Mr. Connerly foresee as the future
of that area or does he have an interest in that area? Is his firm
involved in development as well as for public entities. Mr. Miller
wondered if the energy advisory commission Baas available;to provida input
on community issues.
Supervisor Wheeler stated that the energy advisory commission
is in the mechnical stages. Supervisor Dolan and Wheeler are working
on this matter.
Ward Connerly stated that Mr. Miller had provided information
for the innovative grant proposal. The information was goad but it was
not feasible. He did not include the information in the grant proposal,
He heard that he had bought property in Chapmantown. He wanted to state
for the record he has not bought property in Butte County. No one in
his fsrm has bought property. He does not have any clients other than
Butte County and the City of Chico in Butte County. This is beneficial
to the Chapmantown people. There is a lot of talk about annexing
Chapmantown. The-hangs they do have to be acceptable to the city of
Chico. Page 488.
Juiq 17, 1979
July_17,~1979. _ _ _ _
79':- 1189 COMMUNICATIONS CONTINUED
{ Butte County Legal Services. On behalf of Pamela .joy Voet, the BCLS files
a claim in the amount of $5,000 for tort damages. See motion
following communications.
State Department of Water Resources. The department forwards a statement
of charges totalling $19,834 in accordance with the county's
contract for a water supply from the State Water Project,
Discussed; no action taken.
U.S. Department of Labor. Ray Marshall, secretary of labor, forwards
information concerning the new Private Sector Initiative Program
(PSIP} authorized in Title VII of CETA. Discussed; referred
to CETAC for report back on July 24, 1979.
Arthur D. Davies, Chico. Mr. Davies appeals the denied negative declaration
and rezone from l'S-R" (suburban residential) to "R-3" (medium
density residential) property located on the north side of
West 8th Avenue, approximately 1,000 ft. west of Meadow Road,
identified as AP 43-07-07, containing 1.27 acres, more or less,
Chico. Handled earlier in the meeting.
Floyd F. Sannar, Gridley. Mr. Sannar appeals condition 10 for West Liberty
Estates Subdivision, jAP 21-131-17 & 18, in Gridley. Set for
hearing August 7, 1979 at 10:45 a.m.
1190 REJECT CLAIM -PAMELA JOY VOET
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the claim of Pamela Joy Voet in the amount of
$5,000 for tort damage was ~ ected and referred to Counsel and Risk
Management Coordinator.
1191 LETTER TO BE SENT TO KYLE BUTTERWICK THANKING HIM FOR FAITHFUL SERVICE
TO BUTTE COUNTY
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, a letter is to be sent to Kyle Butterwick thanking
him for his faithful service to Butte County.
1192 COMMUNICATIONS CONTINUED
Carol L, Burns, Chico. Ms. Burns appeals conditions 8, 12 & 13 on tentative
parcel map, AP 48-063-25, Chico. Set for hearing August 7, 1979
at 11:15 a.m,
1193 PUBLIC HEARING BATE SET
A public hearing date of July 31, 1979 at 11:15 a.m. was set
for consideratian of the planned use an Revenue Sharing.
119 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Moseley stated that she would like for the Board to
take into consideration the Palermo Community Building, Administrative
Officer to check into the matter.
Supervisor Moseley stated that the Bangor Fire District would
be discussed in budget session,
Supervisor Moseley stated that Fred Prater had wanted to know.
what was being done on Powerhouse Hi11 Road. She requested the information
next week.
1195 LETTER OF APPRECIATION TO BE SENT RE: PARADISE TRAFFIC STUDY
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, a letter of appreciation for .work on the Paradise
traffic study was to be sent to the following:
Page 489. 3uly i7, 1979
July_ 17 z 1979
79;- Earl Bailey
vli Mr.. and Mrs. George Smith
Mr. and Mrs. George Harvey
Bill Russell
Herb Danielson
Bud Neal
11961 ADDITIONAZ MATTERS PRESENTED BY BOARD MEMBERS
Chairman Zemke set out the following correspondence received
by the Soax~d:
Memo about the expansion about the proposed Paradise Incorporation
area. There would be sufficient time in which to place the matter on
the ballot if the Board wanted to expand the boundaries.
Zetter from Wayne D. Schwman regarding the Chico Veterans
Service Officer. Referred to Administrative Office.
CSAC alert on local finances. Discussed; no action taken,
Mosquito Abatement District, There will be less funding for
rural counties where-the mosquito problem exists.
1197 ADOPT ORDINANCE 2035 AMENDING CHAPTER 4 OF THE BUTTE COUNTY CODE RELATNE
TO ANIMAZ CONTROZ
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, Ordinance 2035 amending Chapter 4 of the Butte
County Code relative to animal control and one year licensing for those
animals already vaccinated was adopted as an urgency ordinance and the
Chairman authorized to sign.
ADJOURNMENT
There being nothing further before the Board, the meeting was
adjourned at 3:30 p.m. to reconvene on Tuesday, July 24, 1979 at 9:00 a.m.
ATTEST: CLARK A, NELSON, COUNTY CLERK-
RECORDER and ex-officio Clerk
of the Butte County Board of
Supervisors f
~ Chairman, Board of Supervisors
By
Page 490,
July .17, 1979