HomeMy WebLinkAboutM072280July 22, 1980
OF CAi,IFORNIA )
SS.
OF BUTTE )
80-
a
The Board of Supervisors met at 9:00 a.m. pursuant to recesso
resent: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke.
lif Nickelson, administrative officer; Dan Blackstock, county counsel; and
lark A. Nelson, county clerk-recorder, by Nancy Wilson, deputy clerk.
of Allegiance to the flag of the United States of America
ion by Supervisor Moseley
1175 PPROVAL OF MINUTES
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, the minutes of July 15, 1980 were approved as
ailed with the following corrections to minutes of July 8, 1980 and July 15,
1980 as follows:
Minute order 80-1114, to reflect that Loyd Franklin was appointed
the Private Industrial Gouncil instead of Nate White.
Minute order 80-1167, to reflect that Nate White was appointed to
County Employment Training Advisory Youth Council instead of Loyd Franklin.
1176 PPROVE CHANGES IN 1980-S1 BUDGET AS SET OUT IN MEMO-: '
The continued hearing for the 1980-81 Budget and Revenue Sharing
final Use Hearing was held at this time.
Clif Nickelson, administrative officer, stated Will Mattly, district
ttorney, was scheduled to appear in court. He would be present later in the
eeting.
Mr. Nickelson stated he would like to suggest three other changes.
To add $230 to publication and legal notices; 2) Mro Castleberry has a
roblem with the fencing for the property below the Neal Road landfill site
ith installation of a fence prior to work being done for leaching ponds
hich is requested be the state; and 3) the water proofing at the Data
rocessing Center for $2,500.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
unanimously carried, the following suggested changes were approved:
Assessment A eals Board bud et a e 4.
Account 35, office expense delete $230.
Account 37, publications and legal notices. Add $230.
Public Works General Services budget, page 44.
Account 62, structures and.improvementso Add $6,737 for fencing
?3 acres recently leased for Neal Road landfill.
Buildin:c & Grounds Maintenance Budget, page 32.
A.ecount 31, major maintenance. 'Add $2,500 to seal north wall of
Processing/Superintendent of Schools building.
Superior Court, roaee 70
Account 14, overtime. Add $1,300
Account 30, maintenance of equipmento Add $380 for closed circuit
sion repair.
Page b5.
July 22, 1980
80-
3
July 22, 1980
Chico Munici al Court bud et a e 76.
Account 30, maintenance of equipment. .Add $720 for maintenance
:ontract for magnetic tape recorder.
Ra a Crisis Intervention Pro ram bud et a e 120.
Account 36, professional and specialized services. Add $8,600.
Juvenile Ha11 ~.budaet, nape 132.
Accoun~.,.39,_rents.and__leasgs„_of_equipment. Add $696'for lease of
equipment to cover monthly smoke detecta.on system rental.
Countv Service Area 64, uaee D-44.
Eliminate entire budget as responsibility for services rests with
the Town of Paradise.
Countv Service Area 65, Wane D-45.
Eliminate entire budget as responsibility for services rests with
Town of Paradise.
Board of Supervisors budget, nape 20
Account 33, memberships. Delete $131 from CSAC dues.
Account 33, memberships. Delete $190 from Northern California
s Association.
Account 36, professional and specialized services. .Delete $2,500.
Account 12, extra help. Add $2,631.
Personnel budget, vase 24.
Account 30, maintenance, equipment. Delete $200.
Account 33, memberships. Delete $25
Account 36, professional and specialized services. Delete $434.
Account 43, travel. Delete $250
Building & Grounds Maintenance Budget, Wage 32.
Account 31, major maintenance. A.dd $8,250 to re-roof Oroville Justice
t Building.
.Account 63, equipment. .Add $400 to replace 125 feet of sectional
r rods.
The 1980-SI Budget and Revenue Sharing Final Use Hearing was
nued to July 29, 1980 at 1:30 p.m.
Mro Nickelson stated there would be other requests and changes
ted at the July 29, 1980 hearing from various department heads.
1177
1178
On motion of `Supervisor Dolan, seconded by Supervisor Wheeler and
imously carried, the.Personnel Birector to execute a Memorandum o£ Agree-
with California.5tate University Associated Students for placement of
rn in Chico Municipal Court with county to be billed for 20~ of wages,
to exceed $133, was approved.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler and
y carried, the first reading of a salary ordinance amendment to
Page.66a
July 22, 1980
80-
b',
July 22, 1980
transfer a typist clerk position from the Building Inspection Department to
Environmental Health (in Paradise office) was waived.
1179 APPROVE RATIFYING THE MEMORANDUM OF UNDERSTANDING
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
unanimously carried, ratify_ ~~ the Memorandum of Understanding between the
BCEA Management, Confidential and Supervisory Unit and the county to waive
the 60 day reopening notice and terminate the 1978 agreement was approved.
1180 APPROVE AC UISITION OF SURPLUS PICKUPS
On motion of Supervisor Moseley, seconded by Supervisor Dolan and
unanimously carried, acquisition of two 19b8 International pickupearucks
at no cost from federal government for use by the Fire Department, one truck
to be used as parts vehicle and one to transport supplies and equipment
between various fire stations, was approved.
1181~APPROVE,NFAID OF CALIFORNIA QUEEN PAGEANT DESIGNATTON
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, the designation of Miss Diane Dahlmeier as the
.Maid of Butte County and the county's official representative in the Maid
of California Queen Pageant was approved.
1182~ADOPT RESOLUTION 80-149 SETTING HEARING DATE FOR THE FORMATION OF COUNTY
SERVICE AREA 75 AND COUNTY SERVICE AREA 76
Dan Blackstock, county counsel, stated at the time of the public
hearing on the formation of the two county service areas they would discuss
drainage.
1
11
Clif Nickelson, administrative officer, stated he felt it should
be done so it could be included at budget time. He stated the Quail Trails
and CSA 75 and 76 could all be discussed together.
On motion of Supervisor Ao1an, seconded by Supervisor Moseley and
unanimously carried, Resolution 80-149 setting a public hearing date of
August 26, 1980 at 10•:00 a.m. for formation of streetlighting for County
Service Area 75 and streetlighting and storm water drainage for County Service
Area 76 was adopted and the Chairman authorized to sign.
AUTHORIZE RELIEF FROM ACCOUNTABILITY -PARADISE JUDICIAL COURT
On motion of Supervisor Winston, seconded by Supervisor Dolan and
unanimously carried, relief from accountability of 25 accounts in the amount
of $4,145 that have been uncollected and are more than three years old in the
(Paradise Judicial Court was authorized.
ADOPT RESOLUTION 80-150 CALLING FOR BUTTE COUNTY LAW ENFORCEMENT OFFICERS
ASSOCIATION INITIATIVE BE_PLACED ON BALLOT FOR NOVEMBER 4. (980 ELECTION
On motion of Supervisor Moseley, seconded by Supervisor Dolan and
unanimously carried, Resolution 80-150 calling for the election of initiative
petition from Butte County Law E'tif.orcement Officers Assocation on November 4,
1980 ballot was adopted and the Chairman authorized to sign.
Supervisor Winston stated he would like to voice his objections.
Other departments within the county could take similar action and request
their salaries be the same as individuals in Los Angeles County and San
Francisco County.
REPORT TO THE BOARD FROM WARREN COX,,ANIMAL CONTROL HEALTH SERVICES REGARDING
COMPLAINT IN CHICO
There was a repart to the Board by Warren Cox, animal control health
services, concerning an animal control complaint in Chico, held at this time.
Page 67.
July 22, 1'980
July 22, 1980
$0- Mr. Cox set out the background on the animal complaint. It was an
~ unfortunate situation. They are dealing with people and people do make
mistakes. They can say they are sorry but this does not bring the animal
', back. Their goal is to never eutlianize an animal unless it is ultimately
necessary. He felt there was pet owner responsibility which should be
addressed. The animal in question was picked up in Chico and had a name
tag of Molly but no license tags. The normal period for keeping an: animal
is seven days at which time an owner can regain possession or a new owner
found for the animal. They handle 8,000 animals a year. Mr. Cox stated
there-are three different areas where they log animals. There appeared to
be an erasure.
Supervisor Wheeler stated prior to the seven days the owner had
called and identified the animal and was told it must be kept-for 10 days
quarantine because o£ the smell of skunk on the animal. The animal was
put away seven days £rom when it was picked up.
Mro Cox stated the animal did not have to be held for the tent".days.
This does happen but they try to avoid it= There seemed to be a leak of
communications. He stated Supervisor Wheeler could check their log.
1186 APPROVE BUDGET TRANSFERS '
On motion of Supervisor Dolan, secanded by Supervisor Wheeler and
unanimously carried, the following budget transfers were approved:
B-261 - County Service-Area ~k13 -(Paradise streetliahtinQ). Transfers
$245 from SCA 13, Zone 2 to CSA 13, Zone 1. The purpose of this budgetary
transfer is to transfer appropriations within the service area to cover an
existing budgetary deficiency.
S-262 - Revenue Sharing - Miscellaneous Proiects. Transfers
$b33.36 from the reserve to miscellaneous expense in order to correct budget
transfer B-263 which was initially .charged to the reserve but should have
been charged to the revenue sharing budget. This transfer corrects the
adjustment.
1187 APPROVE COMi~TNITY ACTION AGENCY CHANNEL ONE DRUG PREVENTION CONTRACT
On motion of Supervisor Moseley, seconded by Supervisor Wheeler and
unanimously carried, the Channel One drug prevention contract with the State
Department of Alcohol and Drug Programs in the amount of $10,000 in the
', Gridley area was approved and the Chairman authorized to sign.
1188 APPROVE VARIANCE RENEWAL - ROBERT E. ADAMS
On motion of Supervisor Wheeler, geconded by Supervisor Moseley
and unanimously carried, renewal of variance to Sections 19": 10 and/or 19-12
of the Butte County Code for placement of a mobile home for Robert E. Adams
', on AP 27-15-18, 3565 Grubbs Road, Oroville area, zoning: "A-5" was approved.
1189 APPROVE TREASURER-TAX COLLECTOR ITEMS
On motion of Supervisor Winston, seconded by Supervisor Wheeler and
unanimously carried, the following Treasurer-Tax Collector items were approved:
1. Denied penalty relief for Mrs. Deno Rabo, AP 04-11-7-005 and
AP 04-19-0-041.
2. Denied penalty relief for Darrell J. Weiland, AP 050-18-0-038.
1190 ADOPT RESOLUTION 80-151 CDN.CERNING SENATE BILL 1726 (SOCIAL SERVICES REDESIGN)
Bob Crisan, welfare director, stated Senate Bill 1726 which was
before them has been amended. The bill has removed services and been redesigned.
Mr. Crisan set out the-areas from his memo to the Board. Without this they
Page 68.
', July 22, 1980
80-
~5
'' 1191
July 22, 1980
are within 9 percent of state level, With the increases it makes it almost
impossible to maintain services required.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley and
unanimously carried,. Resolution 80-151 requesting that social service funds
be allocated in a manner that allows mandated services be provided equally
throughout the state regarding Senate Bill 1726 (Social Services Redesign);
with copies to be forwarded to legislators, boards of supervisors, CSAC
and the state, was adopted and the Chairman authorized to sign.
APPROVE PUBLIC WORKS ITEMS: ADOPT RESOLUTION 80-152
Clay Castleberry, public works director, stated the Board had
requested the drainage deposit release of Ray Holt, AP 54-182-70'for $8,690.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following Public Works items were approved:
1. Authorized refund of drainage deposit for Lawrence Horn in
the amount of $3,360 which was required as a condition of filing a parcel
map, AP 47-37-03, property located on the south side of Keefer Road, approx-
imately 500 feet west of Hicks Lane, Chico area.
2. Authorized refund of drainage deposit for John Senestraro
in the amount of $6,366.53 which was required as a condition of filing a
parcel map, AP 47-36-168, property located 1,200 feet west of Garner Lane,
1,900 feet south of Keefer Road, Chico area.
3, Approved amendment ~k5, Gridley transportation services agree-
ment, through June 30, 1981 and provide for increase in payment to the
contractor of 15~ - 25p per ticket, depending on location of patron and a
patron fare increase from 50~ to 70~ ger ticket with county share of service
subsidy estimated at $3,200 (SB 325 funds, $2,600 and general fund, $600)
and the Chairman authorized to sign.
4. Adopteiresolttion 80-152 regarding bank protection along~ahe
Sacramento River (Cottonwood Creek Project) be made a condition of the
project with copies to be forwarded to appropriate state agencies,. legislators
and congressmen. and the Chairman authorised to sign.
5. ,Authorized refund of drainage deposit for Ray Holt,,AP 54-182-
70 in the amount of $8,690.
1192 APPROVE PUBLIC WORKS REQUEST FOR EXTENSION OF SKYWAY PAVEMENT
Clay Castleberry, public works director, stated he had an additional
item for the Board. He had been out to inspect the Skyway pavement project.
Last years budget he requested $150,000 for the project and there was an
additional 37/100 of a mile at the end of the new project and joining old
project which needed repair. He was requesting $23,000 to complete this.. .
section. The new section will be open on Friday.
Mr. Castleberry stated the $150,000 is still in the current budget.
He would like to have this amount transferred and approve proceeding with
the additional section.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
unanimously carried, the additional 37/100 of a mile contract for the Skyway
project was approved in the amount of $23,000; the Auditor is to transfer
the amount for the completed project and the additional contract.
SET PUBLIC HEARING :DATE
A public hearing date of August l2, 1980 at 10:00 a.m. was set
for consideration of the Lee Co`lby.:proposed negative declaration and rezone
Page 69.
3u1y 22,.1980
July 22, 1980
80- from "C-1"(light commercial) to "M-1" (light industrial), property located on
~'' the east side of Lincoln Boulevard, approximately 1,320 feet to 3,300 feet south
of Monte Vista, identified as AP 36-2D-7, 27 and 28, Oroville.
1194 ADOPT RESOLUTION 80-153 SETTING PUBLIC HEARING DATE FOR ABANDONMENT OF PUBLIC
UTILITIES EASEMENT AND RECREATIONAL EASEMENT
On motion of Supervisor Winston, seconded by .Supervisor Wheeler
and unanimously carried, Resolution 80-153 setting a public hearing date of
August 26, 1980 at 10:00 a.m. for the Elizabeth M. Black abandonment of
public utilities easement and recreational easement, Paradise Pines Country
Club Unit 2,.Lots 12 and 13 was adopted and the Chairman authorized to sign.
1195 REPORT TO THE BOARD REGARDING VICKI WONACOTT DENIED REZUNB
There was a report to the Board regarding the Vicki Wonacott denied
rezone (item on which an environmental impact report was previously certified)
from "TM-10" (timber mountain - 10 acre parcels) to "TM-5" (timber mountain -
5 acre parcels), that property located on the west side of Doe Mill Road,
approximately 1/4 mile north of Schott Road, identified as AP 63-07-03,
east of Forest Ranch.
1196 REPORT TO THE BOARD REGARDING BOARD OF SETPERVISURS DF,N1LrD K~ZUNL''
There was a report to the Board regarding the Board of Supervisors
denied rezone (item on which a previously certified environmental impact report
was supplemented with site-specific data) from "FR-ZO" (foothill recreational -
five acre parcels) property located on the north side of Lumpkin Road, one-
half mile southeast of the Craig Recreation Area Access-Road, owned by Byron
', and Helen Larson, identified as AP 71-16-30, east of Oroville.
1197
The closed hearing for: Lee Colby ~Jynoka Homes proposed negative
declaration regarding environmental impact and general plan land use element
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; Butte County Planning Commission, environ-
mental impact report (Chico Airport area) and general plan land use amendment,
from agricultural-residential, grazing and open land, public, industrial, low
density residential and medium density designations to agricultural-residential,
grazing and open land, public, industrial, commercial and low density
residential~designations for approximately 6,180 acres bounded generally by
Rock Crack on the north, Highway 99 on the west, Sycamore Creek on the south
and LCA agreements on the east; Richard Horton, environmental impact report
and general plan amendment from agricultural-residential designation to low
density residential designation that property 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-A11, southeast of Chico; and Ran Imhoff, general
plan amendment (item on which an environmental impact report was previously
certified) from low density residential designation to medium density residential
designation for property located on the southwest corner of Hicks Lane and
Sycamore Lane, identified as AP 44-49-1I and 01 (portion), Chico was held
at this timed
Supervisor Wheeler stated the "AR" zone on the General Plan change
she would like changed back to the low density residential. The area east
of the airport and west of the airport. .Supervisor Wheeler set out the
location on the map. She would like it to go back to agricultural-residential.
This area was proposed by staff originally. The other area is between Hicks
Lane and the airport. This would allow a zoning choice.
Dan Blackstock, county counsel, stated the areas would be designated
on a map and be an exhibit to the-:resolution. He stated Planning could. go over
Page 70.
July 22, 1980
80-
S'
1198
July 22, 1980
this and change the map,
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, finding that comments and recommendations from the
public have been attached to the draft environmental impact report, that
written responses to significant environmental points raised by the comments
have been prepared and attached to the draft environmental impact report and
that a list of the persons, organizations and public agencies who commented
has been attached to the draft environmental impact report, move to certify
the final environmental impact report as having been completed in compliance
with the California Environmental ':.Quality Act, the State Environmental Review
Guidelines and the Butte County Environmental Review Guidelines„for the Chico
Airport Environs-and Richard Horton amendments.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, finding that the proposed project could not have
a significant effect on the enviranment, a negative declaration is recommended
on the Lee Colby Wyonka homes amendment.
Chairman Lemke noted the Ron Imhoff general plan amendment was an
item on which an environmental impact report was previously certified.
RECESS: 9:47 a.m.
RECONVENE: 10:05 a.m.
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the general plan land use element 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; from agricultural-residential, grazing and open land,
public, industrial, low density residential and medium density designations
to agricultural-residential, grazing and open Iand, public, industrial,
commercial and low density residential designations for approximately 6,180
acres bounded generally by Rack Creek on the north, Highway 99 on the west,
Sycamore Creek on the south and LCA agreements on the east; from agricultural=
residential designation to low density residential designation that property
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-A11, southeast of
Chico; and from low density residential designation to medium density
residential designation for property located on the southwest corner of Hicks
Zane and Sycamore Lane, identified as AP 44-49-11 and O1 (portion), Chico;
refer to Planning staff the area between Garner Lane and Hicks Lane for
further study and future General Elan Amendment; Resolution 80-154 was adopted
and the Chairman auth®a~ized to sign.
iPUBLIC HEARING: REQUEST FOR VARIANCE TO SECTIONS 19-10 AND/OR 19-12 FOR
PLACEMENT OF A MOBILE HOME ..WILLIAM L, LAUGHLIN
The public hearing on the request of William L. Laughlin for a
variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement
of a mobile home on AP 27-24-7, southwest corner of Citrus and Aa1y, Oroville
area; zoning: "A-5" was held as advertiseda
Lynn Vanhart, environmental health director, set out the background
on the variance request. The parents of Mrs. Laughlin are 100% disabled and
need to be near their daughter for care. Everything is in order.'
Hearing open to the public. .Appearing: No one.
Hearing closed to the public and confined to the Board.
Page 71.
July 22,1980
80-
3'
11
July 22, 1980
SUPERVISOR WHEELER ABSENT AT THIS TIME
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the petition for variance to Sections 19-10 and/or 19-12 of
the Butte county Coae for placement of a mobile home for William L. Laughlin
on AP 27-24-7, southwest corner of Citrus and Daly, Oroville area; zoning:
"A-5" was approved for a period of one year.
PUBLIC HEARING: CONTINUED TO SEPTEMBER 23, 1980 AT 10:00 A.M..ANTHOI3Y
SANTOS ET UX GARY CORIA CANCELLATION OF-LAND CONSERVATION ACT AGREEMENT
The public hearing on the Anthony Santos, et ux (Gary Coria)
consideration of proposed negative declaration and petition for cancellation
of Land Conservation Act Agreement was held at this time.
Bettye Blair, planning director, set out the reason for the
continuation. Tt was to allow Mr. Coria to submit a third parcel to
the Land Conservation Act Committee for his request for withdrawal from
the Williamson Act. The Board has a copy o£ the letter from Mr. McCabec
the attorney for Mr. Coria requesting a continuance of 60 days.
SUPERVISOR WHEELER PRESENT AT THIS TIME
Ms. Blair stated the 60 day delay would allow the LCA Committee
an opportunity to review the request.
Earl Nelson, environmental review director, stated they have
recommended a negative declaration. It is zoned 40 acre minimum.
Hearing open to the public. .Appearing:
1. Gary Coria, Chico. Mr. Coria stated it is zoned for the
40 acre minimum. He would like the application to go back to the Land
Conservation Act Committee. It is an additional 10 acres.
Bettye Blair stated Mr. Coria was concerned if the third parcel
was to be included in the present application or was he to file a new
application and pay additional fees.
Supervisor Dolan stated at the previous hearing-there was a
request for Mr. Coria to amend his application.
The hearing was continued to September 23, 1980 at 10:00 a.m.
(PUBLIC HEARING: FOOTHILL FARMERS ANA RESIDENTS ASSOCIATION APPEAL OF APPROVAL
OF OARVALE TERRACE SUBDIVISION, OROVILLE AREA
The public hearing on Foothill Farmers and Residents Association
consideration of a previously certified environmental impact report and
supplemental information regarding the EIR and appeal of the Advisory Agency's
approval of the Oakvale Terrace Subdivision, 72 lots, AP 34-27-113, west
side of Oakvale.Avenue just south of Hilldale Avenue, Oroville area was
held as advertised.
.Earl Nelson, environmental review director, stated the EIR was
previously certified and supplemental information was added. It was the
Valley View Subdivision which is across the street and is very similiar.
Mr. Nelson stated the previous comments have been added and are attached.
It is not treated the same as a draft EIR. It is up to the Board if they
wish further information to be included. It is supplemental information.
Hearing open to the public, -Appearing:
Page 72.
July 22,1980
80-
5
July_22, _1980
1. Joe Topping, Oroville. Mr. Topping stated one of their problems
was they have filed a law suit on the EIR and he questioned how .this EIR
could be heard with this project. Mr. Topping read from a prepared statement.
He felt if the Board approved this project there would be another law suit.
It is an expense to them and to the developer. He felt the mitigations were
insufficient. There is to be an increase in traffic and they felt there
should be a sidewalk. .Most of the land in-this area is farm land. California
has lost 21;000 acres of farm land to development. Citrus growers-make from $3_
to. $4,000 per acre The farmers are not reburbishing their equipment. They
are awaiting the outcome of the projects. It is an unhealthy situation.
There is concern about open ditches and water being used for residential uses.
Mr. Topping felt drainage was the most serious impact on the EIR. Valley,
View was approved without the mitigation or determination of the drainage.
The Ophir School is full to capacity. His reason for asking for the contin-
uance was the impact of this subdivision on all of the city and the density
in this area.
SUPERVISOR WHEELER ABSENT AT THIS TTME
Mr. Topping had talked with various county department heads. The
additional work load expenses are: coming'fromathe Gdneral Fund. The volunteer
fire departments are having to respond to structure fires other than grass
fires. There is requests for more money for police protection because of
the urban density. He felt nobody should be denied the right to live in
Butte County but they cannot continue to subsidize from the General Fund.
The subdivisions should pay their own way> He felt the information should
be available to the Board by department heads for the per unit costs for
the added services. This has been done in Orange County.
SUPERVT50R WHEELER PRESENT AT THIS TIME
Mr. Topping felt the Board had an obligation to suspend action
on this subdivision until the EIR has been through the court. He stated
the initiative for police protection which is to be placed on the ballot
was the result of urban density and was difficult on the agriculture land.
He stated in Los.Angeles a Point-of Authority has bean filed regarding
this same issue. Mr. Topping presented Dan Blackstock, County Counsel,
with the papers he had discussed,
2. Dave Chilson, Oakvale Avenue, Mr. Chilson stated he wanted the
Board to be aware of the public sentiment against this subdivision. Nobody
is going for it. He felt it was a nice area. He did not want to see large
density in this area. He felt 99 percent of the people were against the
projecto He saw the same thing happen in Reno, Nevada.
3. Christine Hartman, Oroville. Mrs. Hartman stated she did not
think the cumulative aspects have been adequately addressed such as the
massive traffic. policy, fire protection and schools. She stated there are
eight proposed projects in the foothill area. All of these would be within
the Ophir School district. .She was concerned about overcrowding, busing and
double sessions. There is a cost of 89~ per student per day. The Paradise
area has had problems due to the rapid development in that area. Mr. Corn
has indicated they will need a new school within five yearso There-are no
funds available for new schoolso
Hearing closed to the public and confined to the Board.
Mr. Nelson responed to Supervisor Winston's question if there were
any comments he felt should be further addressed. He stated these comments
and discussions have been listed previously. He felt it was optional infor-
mation regarding services. He felt it was the Boards decision if they have
enough information. Page 73.
July 22, 1980
80-
a
~x
July 22, 1980
Supervisor Winston questioned County Counsel Dan Blackstock regarding
the law suit.
Mr. Blackstock stated they have filed a petition initially on the
EIR and that is all the litigation does. Mr. Minasian did not name the
developer. The record is now being prepared and reviewed.
Supervisor Winston stated he has read with a great deal of interest
the petitions for placing the initiative on the ballot. There has been many
difficulties with the federal,:~state<.and local level defining agriculture
land. The criteria is land that produces sufficient income to pay the taxes.
Supervisor Winston read from the code. He felt if all the farmers produced
was enough for taxes there would be no farms in Butte County. He set out
the background on Mr. Krause's farming in the area, He was very familiar
with the annexation of North Burbank Utilities District and the sewer.-
system that is serving Ke11y Ridge. He moved here thirty years ago and the
growth has changed his quality of life and from a small community. The
recreational facilities is one of the reasons for the change and growth.
He feels the foothill area is the area in which to build homes. The farmers
in that area are doing little more than paying their taxes.
Supervisor Dolan stated there are impacts. She was concerned for
the farmers and the density. The farmers are struggling to provide a service.
She feels the impacts are too great to warrant approval, There was the concern
of contributing to the traffic. The drainage problems in the area have not
been solved. The schools are to capacity. She felt ten subdivisions would
totally exasperate the drainage and traffic.
Supervisor Wheeler stated the state has required the impact of
development on schools. .People will be paying for them if they require
more and more services.
Supervisor Winston stated he felt according to~.ahe annexation map
there has been urban growth in an orderly manner. Twenty years ago or longer
the city of Oroville made a study regarding fire houses. He stated in these
times they do not balance the budget and a determination of services will
have to be paid for by the people involved. He stated there was a drainage
study completed but no action was taken on it. He felt the drainage problems
began when the first individual put in a driveway. It is not there problem.
The first house that was built in the foothills added to this problem. It
is unfair to ask the last person who has built to pay the cost. It wasp-:
started in the 30`se He felt the study on drainage should be updated and
used.
Supervisor Dolan felt that less density per acre would be less of
a problem, Her concern was on density and conditions on the subdivision.
Clay Castleberry, public works director, stated they have a study
under way regarding drainage which include most of this area. He stated
the Dry Creek Drainage District did not seem interested in the previous study.
Supervisor Wheeler noted this is not a zoning designation that has
just been thought up. The kind Use-Element map and the General Plain has a
designation of medium density since 1971. The proposed density is 3.4 units
per acre and conforms to the present zoning and General Plan criteria. The
site is within the.Sphexe of Influence of Oroville.
Supervisor Dolan felt this was to be further studied. The zoning
and General Plan mitigations do not mitigate schools, drainage and traffic.
Mr. Nelson stated the dawn stream mitigation measure ~~5 was requested
by the. Advisory Agency to be retained, It is ~~6 on this project. The Board
Page 74.
July 22, 1980
July 22, 1980
80- could make findings on the EIR for Valley View with supplemental material for
~ the decision of this project. It has been previously certified for Valley
View. It is their option to add supplemental material or information.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, finding that the environmental impact report prepared for the
Valley View Subdivision is applicable and sufficient for the Oakvale Terrace
Subdivision; finding that comments and recommendations from the public have
been attached to the environmental impact report, that written responses to
significant environmental points, raised by the comments, have been prepared
and attached to the environmental impact report and that a list of the persons,
organizations and public agencies who commented has been attached, certify
the final environmental impact report as having been completed in compliance,
with the California Environmental Quality Act, the State Environmental Review
Guidelines and the Butte County Environmental Review Guidelines; having
reviewed and considered the final environmental impact, make the following
findings:
1. Development which occurs pursuant to project approval when viewed in
connection with other probable future projects, may result in significant
cumulative effects on the environment in the areas of traffic increases,
stormwater runoff increases and costs of public services. All other
impacts listed are either insignificant or will be reduced to a level
of insignificance by mitigation measures attached as conditions of
project approval.
2. Mitigation measures to reduce and in some cases eliminate potential
significant environmental effects will be included in the conditions of
project approval. -These mitigation measures will reduce potential impects
in the areas of traffic safety and traffic flow, surface drainage accom-
modation, mosquito breeding, leakage and safety in connection with the
Palermo Canal, aesthetics, wildlife, erosion, and soil stabilityo
Although these measures will reduce environmental problems, as noted
above, significant environmental effects will remain in the areas of
off-site traffic, off-site surface drainage and provision of public
services. The scope of these problems extend: far beyond the boundaries
of this one development, and equity demands that the solution be area-
wide in scope, with each development - past, present and future - paying
its fair share of the cost. Presently no mechanism for solving areawide
traffic and drainage problems has been set up, and until the problems'
become acute, voter approval of a vehicle such as an assessment district
is unlikely. Residential developments historically in many cases have
not paid their way as far as provision of public services, and this
problem was compounded by passage of Proposition 13 of 1978. A fair
method of providing funds for services is needed, for this development as
well as others, past, present and future.
3. Project alternatives are being rejected in favor of the original proposal
for the following reasons:
ao The "No project" alternative is being rejected because it does not
accomplish the project objectives, and the density standards of the
General Plan and zoning do not preclude a project of this density at
this location:.;"{Refer.'to the "ove'rrding, considerations`_'-below-for
additional reasons why this alternative is being rejected.)
b. Division by parcel map is being rejected because it could only
occur through consecutive actions of a number of independent
developers, minimizing the likelihood of coordinated planning for
necessary road and drainage improvements.
Page 79,
July 22, 1980
80-
3'
July 22, 1980
co The "Planned Area Cluster Zone" alternative is being rejected because
a11~-impacts related to-population numbers would remain the same, and
the environmental benefits of greenbelts offer so little advantage
as to make the modification not worthwhile, particularly in view of
on-going maintenance and management responsibilities for the green-
belt areas.
d. The "reduction of living units" alternative is being rejected because
with fewer lots, the cost of required urban improvements (roads,
utilities, drainage, curb, gutter and sidewalk, etc.) would increase
the cost per lot to the-point where fewer persons would be-able to ..
afford them, contributing to the difficulties experienced by low and
middle income families in finding parcels within their price range.
Economics of scale due to higher density would be diminished by
density reductions.
4. Although there may be significant adverse environmental effects resulting
from the approval of this project, there are overriding considerations
which justify project approval. These overriding consideratians include
(a) development in this area will help relieve pressure for development
of areas with prime agricultural soil. (b) The Butte County General Plan
projects continuing growth at between 2% and 3% per year, and development
of residential homesites is necessary to insure a continuing adequate
supply of homesites at reasonable cot to meet this need. The General Plan
further expresses a need for a reasonable surplus of available develop-
ment sites to avoid constriction of the market supply and unnecessarily
high land prices. Location of new development in areas such as this
which can be served by public water and sewer is encouraged in the Plan.
(c) The development as proposed is permitted by the existing "A-R" zoning
which has been in effect since 1957.
5. The subdivision is in confarmance with all elements of the Butte County
General Plan.
Having made the abave findings; further move that the project be approved
subject to the conditions as fellows:
1. Widen 0akvale Avenue along site frontage. Construct a continuous left-
turn lane along the entire area to 500 feet, more or less, south of the
school d'r'iveway. Coordinate construction of the left-turn lane with
the Valley View Subdivision.
2. Provide for future traffic circulation to the north.
3. Provide a 10 foot wide pedestrian easement along the common property line
of Lots 35 and 36, provided a public or other entity will accept the
easement.
4. -Provide adequate sight distance for traffic at the entrance to the
subdivision.
5. Design the subdivision storm drain system to accommodate anticipated
stormwater runoff.
6, Develop corrective measures for areas of existing downstream flooding
along Wyman Ravine between the project site and Foothill Boulevard. --
Submit plans fox review by Public Works and complete corrective measures.
7. Dispose of surface drainage to minimize standing water which would induce
mosquito breeding.
Page 7b.
July 22, 1980
80-- 1203
~i
_ _ July 22, 1980
CONTINUED HEARING -.-1980-81 BUDGET AND REVENUE SHARING FINAL USE HEARING
APPROVE FOUR ADDITIONS TO BUDGET
Will Mattly, district attorney, stated on July 16, 1980 he submitted
to the Board a special project request which he had outlined. He has given
his request a great deal of consideration. The Board is aware that as of
July 1 Paradise became a Town. They have added 23 people to the beat in
addition to his office. He is suggesting a partial reorganization; one
additional attorney, investigator and a legal stenographer to permit him
to occupy the Paradise county building. In conjunction with that request
he is asking for reclassification of an investigator to administrative
assistant to add and compound his duties that he Yeas been doing in order
that he can continue to function as chief trial lawyer and relieve him of
these demands. This would place Mr. Hal Brooks .two pay steps-,higher. This is
much better than asking for another lawyer. Chico is going to expand and
will need 20 more people. Last summer he made some in-house adjustments.
He placed another attorney and girl to Chico and assumed the burden in
Oroville. They have managed. In the proposed budget he request a Clerk
Typist III for the front desk but with the assistance of CETA personnel
for the last year they have managed. The cost would be approximately
$100,000.
Mike Pyeatt,_assistant administrative officer, stated Mr. Mattly
was one department not in agreement with his budget. If he gets what he
requests he will be in agreement.
SUPERVISOR MOSELEY PRESENT AT THIS TIME
Chairmanc. Lemke was concerned about the number of additional
people on patrolsin Paradise and the work load on the county which will be
increasing.
Clif Nickelson, administrative officer, stated they receive
some money on fines. It depends on the infraction. They receive the Fish
and Game money and a certain portion of traffic fines. Felony fines go
into the General Fund. Basically they are not going to recover that
additional cost.
Mro Mattly stated he had a request from the Auditor asking that
the Board reinstate or add three items to the list they have received.
They are on going programs that were not rebudgeted. 1) House and Community
Department 701 Planning Grant for south side Oroville for $7,374.33. There
is no local cost. 2) The litter program provides for $25:,266.72 with 100%
outside funding. 3) Probation Delinquency Offieer grant which was approved
and is up and working it is $22,755.78 with 100% outside money. 4) The
~-robation OJP victim Office of Criminal Justice for $66,782 with 100% outside
money.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, the following items to be included in the District Attorney's budget
were approved:
1. House and Community Department 701 Planning Grant, south
side -0roville - $7,374.33, no local cost.
2. Litter Program - $25,266.72, with 100% outside funding.
3. Probation Delinquency Officer Grant - $22,755.78, with 100%
outside funding.
4. .Probation OJP victim Office of Criminal Justice - $66,782 with
100% outside money.
AYES: Supervisors Doian, ~ose]ey-:,Wheeler and CYtairman Lemke NOES: Supervisor
Winston Page 79,
July 22, 1980
so-
b
8, All utilities within the project shall be underground except that trans-
formers-are to be pad mounted.
9. Preserve existing mature trees along portion of the westerly and easterly
subdivision boundaries. Also preserve existing mature trees elsewhere
within subdivision for landscaping.
10. Revegetate distrubed soil surfaces to prevent erosion and siltation prior
to winter storms. Use native plant species to the maximum possible extent.
llo Avoid oversteepened slopes in construction and utilize proper engineering
practices to minimize the effects~Erom road construction and the develop-
ment of building pads.
12, Complete roadway and building pad construction before the heavy precipitation
period begins in December.
13, Grading permits shall be obtained where required as per the 1976 Uniform
Building Code.
14, .Provide area of 1 to 5~ slope on the street section at the -0akvale Avenue
intersection to allow two cars a"waiting area from which to gain safe
access onto 0akvale Avenue.
15. Install a traffic signal or contribute a pro rata share toward the
installation of a traffic signal at the intersection of California State
Highway 162 (Olive Highway) and Oakvale Avenueo
16, Roofing materials and fire detectors shall meet the requirements of the
Uniform Building Code and the Butte County Fire Department.
'AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
OES: Supervisor Dolan
_ . Mr. Topping questioned regarding the court order and EIR, If the
developer would have to-pay a bedroom tax.
Mr. Blackstock stated he should seek the advice of his own counsel
as to what effect a court decision would have on that subjecto
Mr< Nelson stated there is no problem with the EIR on this project
if the decision is not challenged in court.
1201 UBLIC HEARING: GEORGE ROBISON,.PROPOSED NEGATIVE DECLARATION AND APPEAL OF
TENTATIVE PARCEL MAP, AP 27-04-62-AND 63, FOUR LOTS,.EAST SIDE OF MA AND PA
;COURT, OFF OF DRESCHER TRACT ROAD, SOUTH OROVILLE AREA - CONTINUED TO SEPT-
The public hearing on George Robison proposed negative declaration
appeal of Advisory Agency's denial of tentative parcel map, AP 27-04-62
63, four lots, east side of Ma and Pa Court, off of Drescher Tract Road,
h Oroville area was held as advertised.
Clay Castleberry, public works director, stated there was a map
the board. It was denied by the Advisory Agency.
Dan Blackstock, county counsel, stated the applicant must sign a
ver on the Land Conservation Agreement portion, otherwise the Board cannot
r the appeal. The Board may wish to approve the map with the elimination
the LCA agreement.
Hearing open to the public, Appearing:
Page 77,
Duly z2, 19sa
July 22, 1980
80-
1. George Robison, Oroville. Mx. Robison stated in his letter to
the Board there is 3~-~•aeres in-Land Conservation Act agreement. .They have
filed to cancel. It was owned by other people. There has been action taken
by the LCA committee. They will be getting a recommendation soono He
suggested that this matter be continued and heard at the same time as the
recommendation on the Land Conservation Act land.
SUPERVISOR WHEELER ABSENT AT THIS TIME
Supervisor Dolan stated it has not been scheduled before this Board.
She felt there was a provaaion where they could not consider another use for
the land when making a decision for cancellation of the, Williamson Act lands.
Bettye Blair, planning director, stated the Land aConservation Act
Committee did meet and their recommendation is coming forward. It was rather.
involved. The members want to make sure the purpose stated is clear. There
will be a request for setting a public hearing date next week. Mr. Robison
will need to sign a waiver.
The hearing was continued to September 9, 1980 .at 10:00 a.m.
2. Mike L`vans, Oroville. Mr. Evans stated they had started this
project -in October. It conforms with the General Plan. There are the three
acres within the twenty.
Mr. Blackstock stated the two issues should be seperate hearings.
He stated they cannot authorize withdrawal except under certain conditions.
SUPERVISOR WHEELER PRESENT AT THIS TTME
Mr. Blackstock suggest Mr. Robison present a written waiver to
the Board before the end of the day.
SUPERVISOR MOSELEY ABSENT AT THiS TIME
PUBLIC HEARING: MADRONE AVENUE/UNDO CHANNEL BICYCLE CROSSIldG,-PROPOSED
NEGATIVE DECLARATION AND. DECISION TO PROCEED WITH PROJECT
12021
The public hearing on Madrone Avenue/Lindo Channel bicycle crossing
was held as advertised. The Environmental Review Department has completed the
initial study of environmental impacts associated with proposed construction
of a bicycle crossing at grade level across Lindo Channel to connect with
either end of Madrone Avenue in northeast Chico and a negative declaration
is recommended and a decision to proceed with the project.
Earl Nelson, environmental review director, stated the project
is in order.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, finding that the proposed project could not have a significant effect
on the environment a negative declaration is recommended; and to proceed
with the Madrone Avenue/Lindo Channel bicycle crossing in northeast Chico
was approved.
AYES: Supervisors Dolan, Wheeler, Winston and Chairman Lemke ABSENT:
Supervisor Moseley
Page 78.
July 22, 1980
aa- 1
~'
1205
July 22, 1980
APPEARANCE: .MRS. ERNEST HASTIE
Mrs. Ernest Hastie, Oroville. .Mrs. Hastie was before the Board to
request a variance. They have four acres and there is an existing 60 foot
road easement. They would like a variance down to 30 feet.
Mrs. Hastie was directed to talk with the Planning Director regard-
ing this matter.
~BID.OPENTNG, SALE Of' REAL PROPERTY AT 777 .VIRGINIA STREET, CHICO - ADOPT.
~RESOLUTTON 80-155 SETTING NEW BID OPENING FOR AUGi7ST 26 '1980 AT 11:15 A.M.
The bid opening for sale of real property at 777 ~7irginia Street,
Chico with a minimum price of $5,000 was held at this time.
The bid was published in the newspaper and the deadline for
submitting the bids was July 22, 1980 at 8:30 a.m.
Gerald Lively, deputy administrative officer, stated he had been
asked to accept a late bid and he refused it.
Dan Blackstock, county counsel, stated after the bid opening
there can be a verbal bid for 5 percent over the high bid.
enclosed.
Bid ~~1, Rita Allen, Realtor -.$6,126.00, with a check for $500
Bid ~~2, Kenneth D and Gregory Kanter, Chico - $5,010, with a
check for $5,000 enclosedo
be cash.
later.
Gregory Ranter questioned if terms were acceptable or if it must
Nr. Lively stated thebids~would be reviewed and a decision made
Mro Blackstock stated additional bids could be accepted during an
auctiono There is a provision in the government code for oral bids.
Mro Kanter stated he would make a bid for $7,500 with terms.
Mr. Blackstock stated after listening to the reading of the
resolution bid, this was not acceptable. There are no terms at all.
This is HCD property. Mro Blackstock was concerned about the term proposal.
He felt they would get into a problem. If the property is HCD there may be
a clause where it must be purchased by low income individuals. He felt it
nay have to he rebid.
Rick Payne, Chico made an oral bid of $6,432.30 for cash.
Kenneth Kanter made an oral bid of $6,753.90.
Rich Payne, Chico made an oral cash bid of $6,800.
Gregory Kanter stated the public notice did not call for cash. He
like a postppnementto go to the bank.
Clif Nickelson, administrative officer, stated there were no require°
on this groperty for the buyer to be low income. The revenue from this
ty will go back to the program.
On motion of Supervisor Winston, seconded by Supervisor Ao1an and
ly carried, all bids accepted here today be returned and Resolution
Page 80.
July 22, 1980
July 22, 1980
80- 80-155 readvertising the bid opening for sale of real property at 777 Virginia
v Street, Chico for August 26, 1980 at 11:15 a.m. with bid to be submitted the
same date by 8:30 a.m. with a minimum price of $5,000 and the terms specifically
set out was adopted and the Chairman authorized to sign.
1206 ADOPT ORDINANCE 2126 ADDING SECTION 15-32 TO BUTTE COUNTY CODE RELATIVE TO
DECLARATION OF PUBLIC NUISANCES INVOLVING ANIMAL CARCASSES FOUND ON OWNER'S
PROPERTY
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, waived the second reading of the ordinance adding
Section 15-32 to the Butte County Code relative to declaration of public
nuisances involving animal carcasses found on owner's property; Ordinance
2126 was adopted and the Chairman authorized to sign.
1207 CONTINUE TO JULY 29, 1980 WAIVING THE 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 REQUIREMENT_S_
Continued to July 29, 1980 waiving of the second reading and adoption
of an ordinance amending Chapters 20 and 24~ of the Butte County Code regarding
regulations and control of subdivision and to zoning requirements.
1208 CONTINUED TO JULY 29, 1980 WAIVING THE FIRST READING OF AN ORDINANCE ADDING
SECTION 14-50 TO BUTTE COUNTY CODE REGULATING OVERNIGHT PARKING OF COMMERCIAL
VEHICLES
Continued to July 29, 1980 waiving the first reading of an ordinance
adding. Section 14-50 to Butte County Gode regulating overnight parking of
commercial vehicles at the request of Supervisor Wheeler.
1209 APPOINTMENT TO PARADISE MEMORIAL HALL COMMITTEE
On motion of Chairman Lemke, seconded by Supervisor Wheeler and
unanimously carried, the appointment of Anthony H. Schot to the Paradise
Memorial Ha11 Committee was approved.
1210 COMMUNICATIONS
Ron Graves & Associates, Oroville. The engineers, on behalf of Hayden Ritchey,
write appealing the Advisory Agency's denial of proposed conditional
negative declaration-and tentative parcel map, AP 62-51-43 and 44,
four lots, south side of Bald Rock Road approximately 1/4 mile east
of Oroville Quincy Highway, Berry Creek area. Set for public hearing
on August 12, 1980 at 10:15 a.m.
George Robison, Oroville. Mr. Robison writes concerning his appeal of a
denied parcel map which is set for hearing on July 22, 1980.
Handled earlier in the meeting, set for hearing September 9, 1980
at 10:00 a.m.
Chico 2000. The organization writes forwarding comments relating to the
proposed general plan amendments for the airport area and Garner
Lane area in Chico, Handled earlier in the meeting.
Cecil M. 3ohnson, Fountain Valley. Mr. Johnson writes forwarding information
with regard to the division of 360 acres of land located south of
Paradise and to protest the proposed Clark Road dump site rezone
which is set for public hearing July 29, 1980 at 11:15 a.m.
Information; to be considered July 29, 1980.
Ray Nolta, Chico, Mr. Nolta writes protesting the proposed Sacramento Avenue
Assessment District. Information; no action taken.
Use of herbicides - Plumas National Forest. Four letters have been received
in opposition to the Forest Service proposed use of the herbicide
2,4-D for brush control in the Plumas National Forest. Information
no action taken. .Page 81.
July 22, 1980
80-
a
_ _ _ _ - _ _ _ - - - = Ju1~ 22 , 1980 _ _ _ _ _ _ _ _. _ _. _ _ = _ _ _ _ _
Southern Adjustment Bureau, Inc., San Diego. The firm, on behalf of Dale
and Jeanne D. Hutchins.; file a claim for excess tax sale-proceeds
for AP 41-28-39 and 96, .Referred to Auditor.
Southern Adjustment Bureau, Inc.,. San Diego. The firm, on behalf of Carrie
E. ~ Gladys F. Thompson, file a claim fox excess tax sale proceeds.
for AP 4-28-89. Referred to Auditor.
Rogene Reynolds, Stockton. Mse Reynolds writes concerning asking the Governor
to veto Senate Bill 200, the Peripheral Canal bill. Information;
no action taken.
asting, Chico. -The project director writes forwarding information con-
cerning the status of the Nowcasting Project. Information; no
action taken.
Thermalito Elementary School District. The district forwards its resolution
asking the Board of.Supervisors to consider a subdivision fee
ordinance upon a final decision of the state courts on the
constitutionality of such a fee. Supervisor Moseley to sign
letter of response.
Chico Area Recreation and Park District. The district writes forwarding
information for consideration relating to a proposed tax exchange
for special district annexation. To be considered July 29, 1980.
Countg Supervisors Association of Californian The association writes for-
warding information concerning :AB 1942 relating to-federally
insured student loans, To be considered July 29, 1980.
California Higher Educational Loan Authority.- The organization writes for-
warding information and requests the Board of Supervisors to adopt
a resolution requesting that California Higher Educational Loan
Authority, Inc. acquire certain student loans. To be considered
July 29, 1980.
State Department of Water Resources. The department writes forwarding its
statement of charges for 1981 water charges from the state water
project. Information; no action taken.
U. S. Department of Agriculture - Farmers Home Administration, The department
writes advising that an extension has been granted to December 31,
1980 for the South Oroville drainage project. Information; no
action taken.
Ron Graves & Associates. Michael Evans writes on behalf of Mrs. Janis Eckard
appealing condition ~~2 on tentative parcel map, AP 71-03-17, four
parcels, 1/4 plus mile east of Bean Creek-Road between Bald Rock
Road and Rockerfelier Road, Bald Rock area. Set for public hearing
August 19, 1980 at 10:15 a.m.
L. Byron Larson,. El Cerrito. Mr. Larson writes appealing the denied rezone
(item on which a previously certified EIR was supplemented with
site-specific data) from "FR-10" (foothill recreational - five acre
parcels) property located on the north side of Lumpkin Road, one-
half mile southeast of the Craig Recreational Area Access Road,
identified as AP 71-1b-30, east of Oroville. Set for public hearing
August 19, 198fl at 10:30 a.m.
1211 PLANNING DIRECTOR PRESENTED MEMO REGARDING FEDERAL CENSUS AND MOBILE HOME
Bettye Blair, planning director, stated 'she had presented the
Board with a memo regarding the Federal Census Counts avid mobile home legislation
.Page 82.
July 22, 1980
80- 1212
.-__________-Ju~22, 1980 =__===______=_____
ADDITIONAL MATTERS BY BOARD MEMBERS
Chairman Lemke stated he had a letter from the Federal Energy
Regulatory Commission regarding PG&E application for Bucks Creek Project.
There is to be a hearing on refugee in August or September.
1213
Supervisor Winston questioned County Counsel regarding the
Change of Ownership forms. He suggest the forms be directed to the local
realtors and title companys.
Supervisor Wheeler reminded the Chairman they were to visit the
Office of Research and Planning regarding the Housing Element on August 7.
EXECUTIVE SESSION: The Board recessed at 12:20`_pcm..fox-lunch and:~xecutive
session regarding personnel matters, meet and confer.
RECONVENE: The-Board reconvened at 2:36 p.m. following lunch and an executive
session regarding personnel matters, meet and confer.
DECISION ON OROVILLE JUDICIAL COURT CANDIDATES
The interviews of three candidates for the Oroville Judicial
Court was held at this time.
Chairman Lemke asked that each candidate relate the kind of
experience they would bring to the judicial court and why they feel they
are best qualified.
1. .Robert Hewitt, Oroville. Mr. Hewitt set out his background
on schooling and training. He has worked in various functions in the legal
field. ,Appointed by the State to go into lawyers offices and check special
records. He felt he had a practical background, Prior to going into law
he worked in the Vallejo Boat Harbor. .Was a teacher for three years in a
private high school. He went to law school then went back and 'became on
the Board of Directors at the private high school. Was a 5ergent in the
Air Force. Mr. Hewitt stated he is available and feels the Oroville Justice
Court needs someone who will be available. He is not interested in being
a circuit judge.
Supervisor Dolan questioned if Mr. Hewitt would retain his private
practice and if there would be any difficulty.
Mr. Hewitt stated he would retain his practice. He would employ
an attorney to handle the private matters if this became necessarye His
staff is very highly trained.
2. Brian Rix, Paradise. Mr.-Rix stated he has had 62 years as
a practicing attorney with 3z years as a judge in the Paradise Justice Court.
Mro Rix set out the background on his schooling. He has set in many of the
lower courts in the county. He served in the Navy during Viet Nam.. In May
197+ he became a deputy county counsel. In 1976 he ran fo'r judge in Paradise.
He participated in 1979 at a seminar as an consultant to update the justice
manual for review .and final preparation in the lower courts in the state.
In a letter to the Board he has indicated he wishes to serve both Paradise
and Oroville as a full time position. He will withdraw from private practice.
Supervisor Winston stated Mr. Rix had been on the circuit for the
past year or so and questioned if fie would continue.
Mr. Rix stated he had given it considerable thought. He would
serve as a judge in the county first and on an exchange program if he should
be disqualified from a case. He was-not concerned about the lower income.
Page 83.
July 22, 1980
July 22, 1980
sa-
a.
3. Steven J. Howell, Oroville. Mr. Howell stated he was a resident
of Oroville. He set out the background on his schooling. He worked for
four years in San Jose in criminal law. In 1978 he opened his own office
of general practice and criminal law. Since January he has went into partner-
ship with his wife who is an attorney. He is willing to go full time and
feels Orovilie deserves a full time judge, His wife would handle his law
practice if the court demanded him full time. He will not become a circuit
judge.
Supervisor Winston stated being a long time resident of the City
of Oroville he felt it was very important that the judge be a local person.
One that has gone to school here.
Dan Blackstock, county counsel, stated the Board could carry
forward either the normal procedure or indicate who they are voting for.
There was a motion by Supervisor Winston and seconded by Supervisor
Moseley, that Steven Howell be selected as judge of Oroville Judicial Court.
Supervisor Wheeler stated she would to see Mr. .Rix named primarily
because of his experience as a judicial judge.
Clif Mickelson, administrative officer, stated it is a very real
fact there will be a municipal court. At that time there will be three
judges in the whole county.
There was a motion by Supervisor Wheeler, seconded by Supervisor
Dolan, that Brian Rix be selected as judge of Oroville Judicial Court.
Vote on Steven Howell nominations
AYES: Supervisors Moseley and Winston
Vote on Brian Rix nomination:
AYES: Supervisors Dolan, Wheeler and Chairman Lemke
1214
Supervisor Winston moved that the vote for Brian Rix to the Oroville
Judicial Court be unanimous.
ADDITIONAL MATTER BY BOARD MEMBER:
Chairman-Zemke state he had received a note from Public Works
Director Clay Castleberry suggesting the matter of Cal Trans share riding
be held at BCAG.
RECESS: The Board recessed at 3:04 p.m. to reconvene on Tuesday, July 29,
1980 at 9:00 a.m.
Page 84.
July 22, 1980