HomeMy WebLinkAboutM072479dF CALIFORNIA
OF BUTTE
SS.
July 24, 1979
7r The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
d' Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke.
Clif Mickelson, administrative officer; Dan Blackstock, county counsel; and
Clark A. Nelson, county clerk, by Nancy Wilson, deputy clerk.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley --
198 APPROVAL OF MINUTES
On motion of Supervisor Dolan, seconded by Supervisor Moseley and
nanimously carried, the minutes of July 17, 1979 were approved as mailed with
the amendment to minute order 79-1187 that the hearing date for consideration of
Daniel F, plays, Jr., appeal of condition regarding legal access on a tentative
arcel map, AP 56-05-42, on Santos Drive between Chico and Forest Ranch had
been set previously for July 31, 1979 at 10:30 a.m, pursuant to July 10, 1979,
inute order 79-1146 and the August 7, 1979 hearing date was vacated.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
inanimously carried, the minutes of July 17, 1979, minute order 79-1189 were
amended that the hearing date of August 7, 1979 at 10:45 a.m. for Floyd Sannar
appeal of condition #i0 for West Liberty Estates Subdivision, AP 21-13]-17 & 18,
Gridley was vacated and a public hearing date of August l4, 1979 at 10:15 a.m.
was set for consideration of Floyd Sannar appeal of condition #10 and Walter G. Little
et al. appeal of negative declaration and the Advisory Agency`s approval of the
West Liberty Estates Subdivision, i 1 lots, northeast corner intersection of Le~rris Oak
Road and West Liberty Road, Gridley area; the minutes of July 10, 1979, minute
order 79-1147, to reflect Resolufion 79-i32A in appre ciation. of James A. Rowe
was adapted instead of Resolution 79-133.
11199 APPROVED AUTHORIZATION TO NOTIFY DEPARTMENT OF LABOR THAT TH E
COUNTY DOES NOT INTEND TO APPLY FOR TITLE V!I FUNDS
n motion of Supervisor Winston, seconded y Supervisor Moseley and
unanimously carried, the Chairman ~ur,96uthorized to notify the Department of Labor
that Butte County does not intend to apply for Title VII funds in the absence of
strong local private employer support.
Bob Stevens, with the business sector of CETAC, stated he had made a
rvey by telephone last spring and just recently. ]ti was his belief that the four
~nditions required by the Department of Labor do not exist in this county. Our
onomy is more improved and we do not have large businesses and the turnover of
iployees is small in our county. The public opportunity and public placement
eds are low:. W.,je do not have good quality .applicants that come into us for review.
a result,he felt the county should decline from entering the program. Mr. Stevens
bmitted a report on his findings.
Chairman Lemke stated they had submitted a letter in response and he
Id like to change the wording if he is to sign the letter.
Page 491,
July 24, 1979
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July 24, 1979
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APPROVED MODIFICATION TO THE TITLE IIB SUBGRANT TO ALLOW PAYMENT OF
TRANSPORTATION ALLOWANCE UNDER BUILDING INSPECTOR TRAINING PRO-
GRAM (CETA)
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, approved the modification to the Title IIB subgrant to allow payment of the
transportation allowance for participants in the Building Inspector Training Program
and authorized the Director of CETAC to sign.
Jim Rackerby, personnel'~'irector, stated they received approval five
months ago for this program. They started with 30 participants and have 28 still in
the program, The buses at Butte College do not have scheduled runs in which the
participants can use them, their classes start before the buses arrive and are over
after the last bus has left the college. Several students have indicated they will
have to drop out as the cost of driving their own cars has become an economical
hardship. They would be allowed a $2 per day allowance, they are receiving the
minimum wage of $2.90.
Supervisor Winston felt they should not help students'in upper levels
of education with transportation costs.
Motion carried by following vote: AYES: Supervisors Dolan, [ Nloselgy,
Wheeler and Chairman Lemke NOES: Supervisor Winston
APPROVED TITLE IID SUBGRANT TO CSU-C TO PROVIDE TRAINING FOR;PSE
PARTICIPANTS IN OCCUPATIONAL AREAS {CETA)
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, approved the Title IID subgrant to California State University, Chico, to
provide training for PSE participants in the occupational areas of community services
and custodial/maintenance and authorized the Director of CETAC to sign.
Jim Rackerby, personnel director, stated they had received letters
from CSU-Chico, Butte College and Oroville Adult Education showing interest
in this program. In the college therear:~certain costs that CETA is going to have to
pay such as books, material and instructional costss'TheAD 70 cost plan that HEW
has approved is administrative costs as long as it is an approved indirect cost. Mr.
Rackerby stated that the costs would go down in time as during ahe :first year.~the costs are
higher. He indicated Butte College may be interested in the clerical end but
CSU-Chico were not set up for that phase. At the end of a year they will look at
the program and see what type of quality trai-Wing has been accomplished.
Motion carried by following vote: AYES: Supervisors Dolan, Moseley,
Wheeler and Chairman Lemke ABSTAINING: Supervisors Winston
ACCEPT .RECOMMENDATIONS OF CETAC WITH REGARD TO APPROVAL/DEhIIAL OF
TITLE VI PROJECT PROPOSALS AND MODIFICATIONS (CETA)
On motion of Supervisor Moseley, seconded by Supervisor Wheeler and
carried, accepted recommendations of CETAC with regard to approval/denial of Title VI
project proposals and modification requests.
Supervisor Winston felt there was a lot of money going towards the CETA
programs. In regards to the Catholic Social Services of Butte Co. and their bilingual
outreach project he felt the people should be encouraged to learn English.
kage 492.
July 24; 1979
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July 24, 1979
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Chairman Lemke suggested that Supervisor Winston attend one of the
CETA Council meetings and he might see these programs in a different view point.
Motion carried by following vote: AYES: Supervisors Dolan, Moseley,
Wheeler and Chairman Lemke NOES: Supervisor Winston
ADDITIONAL ITEM: ACCEPTED RECOMMENDATION OF STAFF REGARDING
REAFFI'~MING THEIR POSITION ON CETA PERSONNEL
On motion of Supervisor Winston, seconded by Supervisor Wheeler and
carried, the Board accept the recommendafion of staff in reaffirming their position
on CETA personnel who will no longer have positions after September 30, 1979.
Jim Rackerby, personnel director, stated he had received a letter
from the Department of Labor in which they could extend the positions of individuals
who are due to ! e given termination notices in September. He needs to reply by
August 15, 1979. CETAC has discussed the idea and has indicated they f~l this
phase of CETA would probably best 6e left to-end. In order to qualify they would
hpve to quarterly transistion the CETA positions into permanent positions.
Supervisor Dolan suggested holding the vote until next week so they
could study the information furfher. Supervisor Winston felt waiting a week
would not change the feelings of the Board members.
Motion carried by following vote: AYES: Supervisors Moseley, Wheeler,
Winston and Chairman Lemke ABSTAINING: Supervisor Dolan
Mr. Rackerby stated he had talked with Sheriff Gillick who was to
be here to talk to the Board but had not arrived as yet. He has four deputy
sheriff positions vacant, if he fills them with the CETA help that he has then
at budget time he will not get the four positions filled. Mr. Rackerby felt the
Sheriff should hire off of the elgibility list and this was the only way he would
approve it. The morale among the CETA employees are very low in this department .
Captain Wood, sheriff's department, stated Sheriff Gillick did support
the transition and supported the idea of transitioning CETA people.
APPROVED ADMINISTRATION BUILDING PHASE I -CHANGE ORDER 22
On motion of Supervisors Wheeler, seconded by Supervisor Moseley and
unanimously carried, the approval of Administration Building. Phase I -Change
Order 22 in the increasing amount of $1,289.21 for modification to the Board
room table to accommodate the sound system equipment, one door closure as per
the Fire Marshal and electrical service to sprinkler controls and authorized the
Chairman to sign.
APPROVED ADMINISTRATION BUILDING PHASE ! -CHANGE ORDER 23
On motion.of Supervisor Moseley, seconded by Supervisor- Wheeler and
unanimously carried, the approval ofrhange Order 23 -Administration Building
Phase I in the increasing amount of $10,162 to provide for installation: of telephone
and power outlets for work stations throughout the building and authorize the
Chairman to sign.
120b I APPROVED ADMINISTRATION BUILDING CONVENTIONAL EQUIPMENT BID
On motion of Supervisor Winston, seconded by Supervisor Moseley and
unanimously carried, the approvalof A"dministration Building conventional equip-
Page 493.
July 24, 1979
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July 24, 1979
ment bid and authorized the Purchasing Officer to execute a purchase order to five
separate firms as follows: James H. Hill Company, $78,173.32; Sierra Stationers,
$14,669.55; MG West Company, $58,896.54; Miles Teaster, $4,972.35; and OIF,
$.17,160.,45 fora total of $173,872.21.
APPROVED CONTRACT AMENDMENT FOR THE CONFLICT OF INTEREST PUBLIC
DEFENDER
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
unanimously carried the contract •amendrr~ent approval with Roger Gilbert and Joe
Van Dervoortfor an extension of service through January 1, 1981, increasing the
amount of the contract to $3,750 per month, and provides fora cost-of-living increase
for an existing Conflict of Interest Public Defender contract and authorized the
Chairman to sign,
Clif Mickelson, administrative officer, felt the reason for the increase
was due to the great work load and it was more economical and it was a justified
increase .
RECESSED: 10:05
RECONVENE: 10:20 a.m. Present: Supervisors Dolan; Moseley, Wheeler,
Winston and Chairman Zemke. Clif Mickelson, administrative
officer; Dan Blackstock, county counsel; and Clark A. Nelson,
county clerk, by Cathy Pitts, .assistant clerk to the Board.
PUBLIC HEARING: HAROLD J. AND RUTH~~;E. LANEY - PETITION FOR VARIANCE TO
SECTIONS 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR..PZACEMENT OF A
MOBILE HOME ON AP 28-19-26, 305 DUNSTONE DRIVE, OROVTLLE. ZONING: "A-5"
The public hearing for Harold J. and Ruth E. Laney petition for
variance to Sections 19-10 and/or 19-12 of the Butte County Code for
placement of a mobile home on AP 28-19-26, 3D5 Dunstone Drive, Oroville,
zoning: "A-5" was held as advertised.
Lynn Vanhart, environmental health director, set out the
background of the petition. It is in order.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
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On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the petition for variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on AP 28-19-26,
305 Dunstone Drive, Oroville, zoning: "A-5" for Harold J. and Ruth E, Laney
was approved for a period of one year.
PUBLIC HEARING: RUBY L, MC NALLY - PETITION FOR VARIANCE TO SECTIONS 19-10
AND/OR 19-12 OF THE BUTTE COUNTY CODE ,FOR PLI~CEMENT OF A MOBILE HOME ON
AP 044-33-0-093-0, ROUTE 4, BO% 654L, CHICO. ZONING: "A-2"
The public hearing on Ruby L. McNally petition for variance to
Sections 19-10 and/or 19-12 of the Butte County Code for placement. of a
mobile home on AP 044-33-0-093-0, Route 4, Box b54L, Chico, zoning: "A-2"
was held as advertised.
Zynn Vanhart, environmental health director, set out the
background of the petition. It is in order.
Hearing open to the publico Appearing: No one.
Page 494.
July 24, 1979
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July 24, 1979
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Hearing closed to the public and confined to the Board.
On motion of Supervisor~Dolan, seconded by Supervisor Moseley
and unanimously carried, the petition for variance to Sections 19-10 and/or
19-12 of the Butte County Oode for placement of a mobile home on
AP 044-33-0-093-0, Route 4, Box 654L, Chico, zoning: "A-2" for Ruby L.
McNally was approved for a period of one year.
PUBLIC HEARING BUTTE COUNTY LAW ENFORCEMENT OFFICERS ASSOCIATION -APPEAL
PURSUANT TO SECTION 11.9 OF THE PERSONNEL RULES, THE DETERMINATION OF THE
PERSONNEL DIRECTOR TO RECOGNIZE THEIR ASSOCIATION AS AN EMPLOYEE ORGANIZATION
REPRESENTING PEACE OFFICERS TN THE COUNTY - CONTINUED TO JULY 31, 1979 AT
11.15 A.M.
The public hearing on the Butte County Law Enforcement Officers
Association appeal pursuant to Section 11.9 of the Personnel Rules, the
determination of the Personnel Director to recognize their association as
an employee organization representing peace officers in the county was
held at this time.
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Hearing open to the public. Appearing:
1. John H. Cohenhour, representing Butte County Law Enforcement
Officers Association,
2. Dennis Brewer, vice president, Butte County Law Enforcement
Dfficers Association.
Mr. Cohenhour felt that the appeal filed by the Association from
the decision of the Personnel Director was appropriate for a decision
favarabie by this Board. The petition was filed May 1979. The petition
asks that $utte County Law Enforcement Officers Association be recognized
as an association for its members. This petition was responded to by
Jim Rackerby, personnel director, by letter dated May 31 to Ken Klassen.
wherein a meeting was set up between Mr. Rackerby and the Association.
As a result, a letter from Mr. Rackerby on June 7 to the Association identifies
that the peace officers have a right to an organization and be represented.
He could not agree more. The appeal the association filed has attached
to it several cases which he felt the Board has read. He asked that an
election for representation be held at this time. It appears that the
contention is with the fact that the Association has asked for an election.
Tt is appropriate to ask for an election pursuant to Government Code 3508.
The position of the county appears to be that it is not timely. That an
election be held next January. The only time limit expressed in the county
rules regarding an appeal is in Section ll.b which is not what the Association
is asking for. That section makes reference to a change of any year.
Mr. Rackerby's letter indicated his position of timing is based
on Section 11.8. That particular section says a request by employee
association may be considered by employees only during the period specified
in the rules. He failed. to see what the time limitation is that is
referred to in that section. Mr. Cohenour set out the recent court case
in Orange County. The Association of Orange County petitioned the court
fora Writ of Mandate to be recognizedo The court upheld the position even
though the personnel rules .indicated that a change in an existing unit
had to be filed during October each year or the last year of a memorandum
of understanding. The court found that the county-wide bargaining association,
;which included deputies, was not due to the fact an election was not held.
BCEA has not been recognized pursuant to election as an exclusive
representation. He felt that an election could be held now.
Page 495.
July 24, 1979
July 24, 1979
79= Dan Blackstock, county counsel, stated that he had sent the
~' Board a memo with all the cases in question,
Supervisor Winston stated that the Board has been briefed on
this matter and has case law regarding it. He did not have any objection
to dealing with the police officers as a separate unit. The Board is
advised that there is a conflict with the Personnel Rules and the
Association differs with that. There is a difference in the interpretation
of the Orange County ruling. He wondered if Mr. Cohenour and Mr. Blackstock
could get together and discuss this matter.
Mr. Cohenour stated that it was his understanding of County
Counsei's position that the main problem is due to the fact they have
asked for an election immediately as opposed to next January. It is
his opinion that this Association is entitled to non-exclusive recognition
at this time. There is nothing in the rules to prevent that. He wanted
the Association to be recognized for bargaining. All cases establish that
fact clearly, that police officers are entitled to representation solely.
rather than an all. county association. Mr. Cohenour asked that the Board
recognize the Association now for meet and confer. He asked that the
election itself be put off until January as suggested by County Counsel,
Mr. Brewer stated that they were not a recognized bargaining
unit.
Discussion of whether the law enforcement unit is an established
unit held at this time.
Supervisor Winston stated that the Board has recognized BCEA who
has the police officers. Section 11.6 talks about a decertification
petition that alleges BCEA no longer represents the majority of the
employees in the established unit.
Mr. .Cohenour stated that it was his understanding that a unit
consistsng of law enforcement officers has not been recognized. The
unit is an all county unit. The units in this county are the general
unit and the management, confidential and supervisory unit. There is
no recognition of a unit of law enforcement personnel.
Jim Rackerby, personnel director, stated that the county has
Cwo units. The general unit has been a catch basin for~all units.
There is no established unit for law enforcement. It is proper and will
be established. They have not determined what type of units would be
needed. There could be two units of law enforcement; non supervisory and
the other a supervisory unit. There are some classifications in dispute
of what they will be. This has to be done before they can talk about a
unit. He knew they had the right to a different unit. The question of
whether to have one or two units is a key question that is yet to be
resolved. After that time, the employees will have an opportunity to
vote. He has on file prior to May 1, 1979 a petition from BCEA asking
to be recognized as the representative for law enforcement.
Mr. Rackerby stated that the general unit is now the unit of
the police officers. The rules say the changes will be done during the
time set out in the rules. The only time mentioned in the rules is in
Section 11.6., They have to determine the units and the employees have
the right to an election. The county has two petitions for recognition
for rights to representation. The rules as he reads them is that an
established unit can only be modified during January.-
Page 49~,
July'24, 1979
July 24, 1979
79-
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Mr. Cohenour stated that this..is where they differo There is
no established unit for law enforcement. They are asking that a unit be
recognized as appropriate. He would be in agreement that the election
be held in January.. He asked that the Board give recognition to Butte
county Law Enforcement Officers Association for non-exclusive bargaining.
He suggested the county would be in order to hold an election on the
petitions for exclusive representation between BCEA and Butte County
Law Enforcement Officers Association. He did not think there was anything
in the Personnel Rules to dispute thato
Don Ohart, BCEA, stated that they submitted the petition at the
request of several law enforcement personnel. They have no objections to
this unit. He would like to see the matter held for 60 days before an
slection is held. He would like to have an opportunity to speak with
the attorney for BCEA and get clarification.
Mr. Cohenour stated that it was his understanding that it
was agreeable that an election be held in the future.
Chairman Lemke stated that if the election is•held off until
January, BCEA is going to come in as the present representative. Without
an election, it would be impossible to negotiate for a separate law
enforcement association. Without that election, they will be in violation
of some contract they have with someone.
Mr. Cohenour stated he felt the Board had to allow the Association
to sit in on negotiation because BCEA has not been established as the exclusive
bargaining agent. He is not talking at this point about establishment of
3n exclusive representation of Butte County Law Enforcement Officers
4ssociationo
The attorneys for BCEA and Butte County Law Enforcement Officers
association, County Counsel and Personnel Director are to meet to discuss
the legal ramifications and bring back recommendations to the Board.
The matter was continued to July 31, 1979 at 11:15 a.m.
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RECESS: 10:54 a.m.
RECONVENE: 10:56 a.m.
ADOPT ORDINANCE 2036: PUBLIC HEARfiNG: BUTTE COUNTY PLANNING COMMISSION
?ROPOSED NEGATIVE DECLARATION AND REZONE FROM "A-2 LTD" TO "C-2" (GENERAL
COMMERCIAL) FOR PROPERTY LOCATED ON BOTH 5IDE5 OF CLARK ROAD FROM APPRO%,
X00 FEET SOUTH OF BUSCHMANN ROAD TO APPROX. 2000 FEET SOUTH OF BUSCHMANN
ROAD TO A DEPTH OF APPROX. 1300 FEET, CONTAINING 87 ACRES, MORE OR LESS,
PARADISE
The public hearing on the Butte County Planning Commission
proposed negative declaration and rezone from "A-2 Ltd" to "C-2" (general
commercial) for property located on both sides of Clark Road from approxi-
nately 500 feet south of Buschmann Road to approximately 2000 feet south
~f Buschmann Road to a depth of approximately 1300 feet, containing 87
acres, more or less, Paradise was held as advertised.
Earl Nelson, environmental review director, set out the
Background of the negative declaration. The checklist is identical to
chat the Board considered with the General Plan changed The Board
adapted a negative declaration at that time. The Board could take action
pursuant to that negative declaration or could adopt another negative
leclaration.
Page 497..
July 24, 1979
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July 24, 1979
Bettye Blair, planning director, set out the background ofT
the rezone. This is the result of a recommendation of the Board that
this area be considered for commercial zoning. The Board has approved
the General Plan amendment.. The Board has copies of the Planning
Commission minutes and staff findings.
Hearing open to the public. Appearing:
1. Richard Moral. Mr. Moral stated that the county road is
not shown on the map. This is the only ingress and egress for his property.
This road climbs more than 15°o There is a b0-foot easement going through
the property. There are homes that have been built on the county owned
road. He was in favor of the rezone. He was only concerned about the
easement.
Clay Castleberry, public works director, stated that there is
an oId recorded easement that is not part of the county maintained road
system, The county has not made sure the easement fits the
road. The easement would not be changed by the zoning change.
2. Jerome McKale. Mr. McKa1e stated that at the meetings he
has attended there has never been a detailed map that people could look
at. He wondered why the rezone did not include Heinke's property.
Mr. Castleberry stated that he did not believe that the extension
of east Roe Road would be developed. It is not in the county maintained
system. It is a public easemento
Mr. McKale stated that he had no objection to the rezone.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, on the basis of this initial evaluation, finding
the proposed project could not have a significant effect on the environment,
and a negative declaration was accepted.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, finding that the proposed rezone is in conformity
with the General Plan as amended and finding the rezone is in keeping with
the public good, the rezone from "A-2 Ltd" to "C-2" (general commercial)
forrproperty located on both sides of Clark Road from approximately 500
feet south of Buschmann Road to approximately 2000 feet south of Buschmann
Road to a depth of approximately 1300 feet, containing 87 acres, more or
less, Paradise was approved; Ordinance 2036 was adopted and the Chairman
autharized to sign.
1212 PUBLIC HEARING: VERNON CHAMBERLEN - APPEAL OF CONDITIONS 4 AND 10 ON
TENTATIVE PARCEL MAP ,_2 LOTS, AP 34-03-06, LOCATED ON THE NORTH END OF
PALERMO DRIVE. OROVILLE
The public hearing on Vernon Chamberlen appeal of canditions 4
and 10 on tentative parcel map, 2 lots, AP 34-03-06, located on the north
end of Palermo Drive, Oroville was held at this time.
Clay Castleberry, public works director, set out the background
of the appeal. The map is two parcels of five and 10 acres. They are .
both served by a 60-foot easement. The ordinance requires two-way
traversable access. Since there is only one further division proposed,
it would be his suggestion. that the Board sustain the appeal subject to
Parcel 1 not being further.-divided and a note be placed on the map to
that effect. Page 498
July 24, 1979
July 24, 1979
Hearing open to the public. Appearing: ~No oneo
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Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the appeal was upheld and conditions 4 and 10
were deleted subject to the provision that a note be placed on the
parcel map that until access road is improved to county requirements
there is to be no further division on parcel 1.
PUBLIC HEARING: PROPOSED 1979-80 BUDGET - CONTINUED TO AUGUST 7, 1979
AT 2.00 P>~I.
The public hearing on the proposed 1979-80 budget was held
as advertised.
Chairman Lemke stated that the Administrative Office has sent
a memo to the Board recommending the Board open the hearing and continue
it because of legislative uncertainities< During the hearings on the
budget, .he would like to establish some kind of order for the matters to
be discussed so that can proceed with all dispatch. There was a committee
meeting between himself and Supervisor Wheeler with regard to the proposal
for the bed_tax revenue. He would like to see a hearing time established
to discuss the bed aax issue. He would like to see a time proposed for
the department heads to appear before the Board, He advised the committee
on the bed tax that he would try to set up a hearing for two weeks. This
should be done in the afternoons.
SUPERVISOR WINSTON EXCUSED AT THIS TIME.
C1if Mickelson, administrative officer, stated that they are
just starting to receive information regarding AB 8. He is not going to
be able. to give any information on AB 8 until at least next week on the
state buyouts. He did not know where the county stood as fax as the
property tax assessed value.
Chairman Lemke stated that he would like to see the bail out
called give back instead of bail out.
Mr. Mickelson stated that there would be a meeting in San
Francisco on Friday to discuss AB S. This will be a meeting for the
Board, Auditor and Administrative Office to find out about AB 8. They
have arranged to have a plane standing by. He suggested that at least
one or two Board members, the Auditor and the Administrative Office
attend the meeting. Mr. Johansen will be going to the metting• He
and Mike Pyeatt will also be attending the meeting.
Chairman Lemke will be attending the meeting. Supervisor Dolan
will be attending the meeting but will not be traveling on the plane.
Board members to advise Administrative Office of their intent
to attend the meeting.
Mx. Mickelson asked that the Board, in view of the lack of
information, continue the budget hearing until next week.
Supervisor Wheeler stated that she would not be attending the
meeting next week as she was going on vacation.
Jim Johansen, auditor, stated that the final date for adoption
of the budget is September 30. Normally, the Board is required to
adopt the budget by the first of $eptember. The assessed value information
is very critical to determine what the property tax share will be available.
Page 499. July 24, 1979
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July 24, 19_79_ _
The Assessor has been given until August 31, 1979 to have the roll completed.
With those factors in mind, he would not be anxious to get started with
the budget.
Hearing open to. the public. Appearing: Henry McCall, councilman
from Oroville. Mr. McCall stated that the City of Oroville has completed
their budget sessions. He would like to give the Board an example of
what he would like to see the Board consider. The Chief of Police requested
two positions. The City of Oroville approved $15,000 for conference meetings
and did not fund the two police positions requested. He felt that the
money spent for conferences could be cut. He read an article that stated
the county assessments were up 9-1/2%. The county has plenty of money
to work with. Proposition 13 has not hurt the county one bit. He felt
that the public servants needed to start considering the taxpayers wishes.
Chairman Zemke advised Mr. McCall that last year the county cut
50% out of county travel and 50% in-county travel. The reason the county
is not crying about Proposition 13 is because Butte County has been frugal.
The Board cut all associations except CSAC.
The hearing was continued to August 7, 1979 at 2:00 p.m.
EIDOPT RESOLUTIONS 79-144 to 79-148 RE: RANCHO DE THUNDER ASSESSMENT DISTRICT
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Fbbert Brunsell, bound counsel, set out the background of the
proposed Rancho de Thunder Assessment District. This would be for the next
unit of the subdivision. It is eleven lots. There is no final cost estimate,
He understood the assessment will be about $10,000 per lot, He has been
advised in an informal appraisal that the lots will sell in the neighborhood
of $18,000 to $20,000.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried:,.the following action--was taken with xegard t.o the
Rancho de Thunder Assessment District:
1, Approved filing of Petition.
2. Approved filing of Certificate re Petition.
3, Adopted Resolution 79-144 accepting the petition and authorized
the Chairman to sign,
4. Approved filing of Certificate of Title
5e Approved filing of Letter of real estate appraisal
6, Approved filing of Boundary Map.
7. Adopted Resolution 79-145 approving boundary map and authorized
the Chairman to sign.
8. Adopted lesolution 79-146 approving agreement for legal services
snd authorizing Chairman to sign resolution and agreement.
9. Adopted Resolution 79-147 approving agreement for engineering
services and authorizing Chairman to sign resolution and agreement,
Z0. Adopted Resolution 79-148 of intention. and the Chairman
authorized to sign.
Page 500,
3uly'24, 1979
79= 1215
1216
1217
`July 24, 1979 _
.- .- ~ _ ..-. _ ~ _ _ _ __ C __ __ C W C Q
C.O.UNSEL INSTRUCTED TO INITIATE CIVIL PROCEEDINGS RE: ZONING VIOLATION BY
MR. CONNELLY
Del Siemsen, deputy county counsel, set out the background of
the violation of the zoning ordinance. Mr. Connelly is owner of the
property in Chico. He applied for a variance of a setback to put a chain-
link fence six feet high. This is for an'e•quipment rental business. It was
denied by the Planning Commission and was appealed to the Board in March.
The Board denied the appeal. There have been complaints by the neighbars
that the chainlink fence was placed in the setback. The fence is on the
setback of Esplanade and Tonea Way. They have turned this matter over to
the District Attorney. There has been a written report made to the Distract
Attorney. No action has been taken at this time. The county can proceed
in a civil action to get an injunction as well as going criminally if the
District Attorney feels it is warranted. The injunction would be to move
the fence from the setback area. Mr. Connelly has purchased gasolene
tanks and glaced them on the property. In order to store gas in an "A-2"
zoning it is necessary to obtain a use permit for storage of flammables.
Supervisor Dolan felt this was an appropraite action. The
Board controls the filing of civil proceedings. There was a full hearing
before the Board and the decision was that the fence was not to be in the
setback area.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, Counsel was instructed to proceed with civil proceedings
against Mr. Connelly for violation of the zoning ordinance in regard
to the fence in the setback area of Esplanade and Tonea Way and the
placement of the gasoline tanks.
APPEARANCE: DICK BJORK
Mr. Bjork asked the Board to correct an action taken by the
previous Board that is illegal and creating a dangerous contract with the
Public Defender services. He has brought additional information for the
Board that is pertinent. He would like to sit down with one of the Board
members to discuss the matter.
Supervisors Dolan and Moseley appointed as a committee to sit
down and talk with Mr. Bjork about the Public Defender's contract.
PUBLIC HEARING DATE SET: APPEARANCE: CLYDE CLEMONS
C1y~ Clemons stated that he was at the Planning Commission meetang
last Wednesday concerning a mobile home park for Ron Imhoff. There were
a couple of statements made by Nina Lambert at the meeting stating that
there was no need for mobile home spaces in Chico. He did not know how
she arrived at this conclusion. He has not had spaces available for over
a year. There is a great need for mobile home spaces in Chico.
A public hearing date of August 14, 1979 at 10:00 a.m. was
set for consideration of Ron Imhoff and Mr. Slindbury appeal of the
Planning Commission's denial of proposed negative declaration and use
permit to allow a 231 unit mobile Name park on.~roperty zoned "A-2"
(general) located on the southwest corner of Sycamore Drive and Hicks
Lane, identified as AP 44-49-11, north of Chico.
RECESS: 11:53 a.m.
RECONVENE: 1:38 p.m.
SUPERVISOR WINSTON PRESENT AT THIS TIME.
SUPERVISOR WHEELER ABSENT AT THIS TIME.
Page 501.
July 24, 1979
i
July 24, 1979_ _ _ _ _ _ _
79-1218 APPROVE SELF-INSURED,Tr70RKER'S COMPENSATION CLAIMS ADMINISTRATION CONTRACT
'27'i WITH GATES, MC DONALD LAND COMPANY OF OAKLAND
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the contract with Gates, McDonald and Company of Oakland
for self-insured worker`s compensation claims administration for the period
July 1, 1979 through June 30, 1980 and containing self-renewing provisions
with the amount of the contract at $76.00 per claim not to exceed a maximum
', of $30,510 was approved and the Chairman authorized to sign.
SUPERVISOR WHEELER PRESENT AT THIS TIME.
1219 ADOPT RESOLUTION 79-149 ESTABLISHING AN INTEREST BEARING SELF-INSURANCE SERVICE
FUND AND TRUST ACCOUNT
On motion of Supervisor 'Winston, seconded by Supervisor Moseley
and unanimously carried, Resolution 79W149 establishing an interest bearing
self-insurance service fund and a trust account was adopted and the Chairman
authorized to sign.
1220 REPORT TO BOARD ON STATE TRANSPORTATION IMPROVEMENT PROGRAM
Clay Castleberry, public works director, stated that the State
Transportation Commission had declined to accept any recommendations for
projects the Board had added to their plan. These were: Butte 99 from
the county line to Gridley; Butte 99 going into Chico; Lassen Avenue
off ramps; and the removal of two railroad bridges in Oroville. The
reasons set out were not cost effective, low priority and not deliverable
with five years. Lt. Sanders, CHP, is present to discuss this matter with
the Board, He is concerned from a safety standpoint. There is an appeal
period. The projects which are needed are not even planned. The five
year planning and construction program would have allowed for the planning
to commence,
Lt. Bill Sanders, Oroville-Gridley CHP, stated that it was
unbelievable to ignore the needs on Hwy 99 from the county line to Gridley.
He devotes just under 50% of his force to that stretch of highway. He
has been told by Caltrans that the design and engineering of the highway
is a source of embarassment for them. Every high speed situation is
present 24 hours per day. There is high speed passing, left turns and
head-on situations because there is no shoulder and there is one lane
traffic and there is heavy daily traffic. It is a very unsafe stretch
of road .
Lt. Sanders speaking as a citizen stated that the railroad
underpasses on Hwy 162 are going to be more and more dangerous. The
Board could possibly use political pressure through the Assemblymen and
Senator to have these projects included. The situation in Gridley is
a disaster. He volunteered his time and two of his sergegnes to document
the accidents on Hwy 99.
Mr-.. Castleberry stated that he went to Eureka and shared a
presentation for three or four projects fox northern California. One
of the projects in Redding which was an overpass for 30,000 per day was
approved. That was one of the few discretionary projects added.
Lt. Sanders was asked to document the terrible accidents on
Hwy 99 at Gridley and then the Board will make a visit with Assemblymen
and Senator in Sacramento or both and bring every bit of pressure the
county can to have this project included. Chairman Lemke and Supervisor
Moseley to attend meeting in Sacramento.
Page. 502.
July'24, 1979
79~.
v'
' 1221
1222
1223
July 24, 1979
• _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ ~ . T ~ G _ ~ _
APPROVE WORK-STUDY AGREEMENT WITH CALIFORNIA STATE UNIVERSITY, CHICO
THAT ALLOWS FOR HIRING. OF TWO.ADDTTIONAL HOMEMAKER AIDES TO PROVIDE
ASSISTANCE TO SENIOR CITIZENS - EOC
Discussion of the work-study agreement with California State
University, Chico (CSUC)-that allows for hiring of two additional homemaker
aides to provide assistance to senior citizens held at this time.
James McNaughton, EOC director, stated that the only other
homemaker program is through the Welfare Department. His office services
a different clientele from the Welfare Department. This woula be for two
additional homemaker aides to serve six additional peopled
On motion of Supervisor Dolan, seconded by Supervisor Moseley
and unanimously carried, the work-study agreement with California State
University, Chico which would allow for the hiring of two additional
homemakers aides through work-study to provide assistance to senior
citizens for the period through. June 30, 1980 with university funding
being $2,800 and EOC obligation being $1,227 was approved and the
Chairman authorized to sign.
APPROVE WEATHERIZATION CONTRACT BUDGET MODIFICATION - EOC
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the budget modification transferring $2,885 from
weatherization to crisis intervention to provide assistance to additional
families certified as eligible for crisis intervention program benefits
under the Emergency Energy Assistance Program was approved and the Chairman
authorized to sign.
AUTHORIZE STAFF TO PREPARE NEW AGREEMENT BETWEEN BUTTE COUNTY EOC, INC. AND
BOARD OF SUPERVISORS RE: OPERATION OF COMMUNITY ACTION AGENCY
It was moved by Supervisor Moseley, seconded by Supervisor Wheeler
that the staff be authorized to prepare a new agreement between Butte
County EOC, Inc. and the Board of Supervisors as regarding operation of
the Community Action Agency.
Discussion of motion held at this time.
Supervisor Winston stated that there was a lot to this problem.
There is a major policy decision here, This would be delegating authority
to make decisions relating to grants.
James McNaughton, EOC director, stated that this action would
be in taking a positive step in the direction of degreening. There are
five individuals from the public sector that would sit on the board.
There are a total of 15 positions on the board.
Vote on motion:
AYES: Supervisors Dolan, Moseley, Wheeler, Winston and
Chairman Lemke
NOES: None
Motion carried.
1224 ADDITIONAL MATTER PRESENTED BY CHAIRMAN LEMKE
Chairman Lemke stated that he is writing a letter to the
Energy Commission individually and presented the Board members with a
copy of the letter.
Page 503.
July 24, 1979
July 24, 1979
79^1225 UBLIC HEARING DATESJSET
~i. A public hearing date of August 7, 3.979 at lO:Ofl a.m..was set
for consideration of the following:
1. Mary L. and Clifford 0. Long - petition for variance to
Sections 19-10 and/or 19-12 of the Butte County Code for placement of a
mobile home os AP 31-19-021, 2525 D Street, Oroville. Zoning: "AR-M#i"
2. Glen and Janet Madsen - petition for variance to Sections
19-10 and/or 19-12 of the Butte County Code for placement of a mobile home
on AP 27-06-40, P.O. Box 1406, Oroville. Zoning: "A-5"
1226 PPROVE RENEWAL OF NURSING AGREEMENT WITH CALIFORNIA STATE UNIVERSITY, CHICO
FOR PUBLIC HEALTH AND MENTAL HEALTH
On motion of Supervisor Winston, seconded by Supe rvisor Wheeler
and unanimously carried, the following nursing agreements with CSUC were
approved and the Chairman authorized to sign:
1. Agreement fox provision of nursing training and experience to
selected university students with the term of the contract for three years
and does not involve funding considerations for Public Health.
2. Agreement for provision of nursing training and experience
to selected university students with term of the contract for three years
and does not involve funding consideration for Mental Health.
1227 APPROVE CONTRACT FOR CONSULTATIVE SERVICES WITH CALIFORNIA STATE UNIVERSITY
CHICO - MENTAL HEALTH
On motion of Sups rvisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the contract with California State University,
Chico to provide psychiatric consultative services to the Chico Student
Health Service and Counseling Center in the amount of $12,600 was approved
and the Chairman authorized to sign.
1228 APPROVE PUBLIC WORKS ITEMS: ADOPT ORDINANCE 2037: ADOPT RESOLUTION 79-150
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following Public Works items were approved:
1. Waived the second reading of ordinance establishing the
speed limit at 35 mph on Cohasset Road; Ordinance 2037 was adopted and
the Chairman authorized to sign.
122 9
2. Approved building permit refund to Ann Laloge Matthews in
the amount of $137.62.
3. Accepted the work of Mittry Company for the Bu11 Hi11 Road
Bridge, Project No. 91512-77-1; authorized the Chairman to sign the
notice of completion and directed the Clerk to record said notice of
completion . with the Recorder.
4. Adopted Resolution 79-150 declaring through highways on
Concow Road and Hewitt Avenue and the Chairman authorized to sign.
Clay Castleberry, public works director, stated that he hoped
to offer to help Caltrans design Lassen Avenue off ramps. He has just
lost another two employees due to the disappointing circumstances. They
axe leaving for more money to private dnterprise and to Shasta County.
The land development department has lost four engineers in the last
one and one-half years.
Page 504.
July•24, 1979
79-
a'
1230
July 24, 1979
Chairman Lemke gave Mr. Castleberry a letter to answer regarding
a request for help on a parcel map.
APPOINTMENT TO NORTHERN CALIFORNIA HEALTH SYSTEMS AGENCY
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, Mateo Munoz was appointed as a consumer representative
to the Northern California Health Systems Agency.
SUPERVISOR DOLAN ABSENT AT THIS TIME.
1231
1232
1233
APPOINTMENT OF TENANT REPRESENTATIVE TO BUTTE COUNTY HOUSING AUTHORITY -
CONTINUED TO JULY 31, 1979
~.. The appointment of the tenant representative to Butte County
Housing Authority was continued to July 31, 1979.
APPOINTMENT TO _OVERALL ECONOMIC DEVELOPMENT PLAN COMMITTEE - DISTRICT S
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and carried, Dan Halvig was appointed to the Overall Economic Develapment
Plan Committee - District 5.
APPOINTMENT TO SURFACE MINING AGGREGATE OPERATTONS COMMITTEE
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, the following were reappointed to the Surface Mining Aggregate
Operations Committee:
Maxine Leclerc - District 1
Bill Wilson - District 2
Dallas Lewis - District 3
James N. Hansen - District 4
Joseph Frank - District 5
1234
1235
ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS - DISCUSSION LOSS OF EMPLOYEES
Supervisor Winston asked that a letter be addressed to the
gentleman in Public.Works who is leaving after 20 years. He felt that
anyone who served over one year with the county should receive a letter.
A letter should also be sent to Mr. Rowed
Supervisor Wheeler stated that since the Board directed a letter
be sent to Kyle Butterick there have been two people from the District
Attorney's Office and one from County Counsel's Office who have left,
She would like to see a letter directed to them also. The county is
losing some extremely good talent.
Clif Mickelson, administrative officer, stated that he can
understand Public Works frustration.
Supervisor Winston stated that the county has postponed
determination on the employee`s salaries prior to the end of August.
It is getting tighter and tighter on the employees and they are bailing
out.
Administrative Officer instructed to put together,a simple
statement of people the county has lost over the last year and one-half,
why they left and how much they left for.
COMMUNICATIONS
Walter G. Little et al, Gridley. A letter containing 15 signatures has
been received appealing the negative declaration and the Advisory
Agency's approval of the West Liberty Estates Subdivisiai-, 11
lots, AP 21-13-17 and 18, northeast corner intersection of Lewis
Oak Road and West Liberty Road, Gridley area. The appellants
Page 505.
July 24., 1979
_ _ July 24, 1979 _____________
79= also request the hearing be held no earlier than the end of
~; September. Set for hearing August 14, 1979 at 10:15 a.m.
Robert F. Guth, civil engineer, Paradise. The engineer, on behalf of
Marion W. Robinson, appeals the Planning Commission`s denial of
a rezone 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 Mi11 Road
intersection, identified as; AP 5623-01 (portion), Forest Ranch.
Set for hearing August 14, 1979 at 10:30 a.m.
Robert F. Guth, civil engineer, Paradise. The engineer, on behalf of
the Stoneson Development Corporation, requests a one-year
extension of the Stoneson Subdivision Unit No. 1 agreement
to construct the extension of Nunneley Road west from Clark Road
and frontage improvements along Clark Road. See motion following
communications.
Grace Nevins, Chico. Mrs. Nevins writes concerning the•two-year dog
licensing procedure. This matter has been taken care of.
Libraries. Communications have been received supporting construction of
libraries in Chico and Gridley from Florence .Palmer (Chica),
Elizabeth L. Mills (Gridley), Reverend and Mrs. Robert A. Burns
(Gridley), and Robert M. and Jean S. Matson (Chico). Information;
no action taken.
Joseph C. DeWitt, Chico. Mr. DeWitt writes concerning the closing of E1
Paso Way in Chico and suggests alternative solutions. Supervisor
Wheeler to set up a committee to implement a plan as to the
direction that should be taken to alleviate the problems of
traffic flow in the entire north Chico area.
Butte-Glenn Foundation for Medical Care. The foundation sends notification
that they have received official notice approving the award
of their grant application for the funding of a health maintenance
organization feasibility study. Information; no action taken.
Carl Harris and Maria Houtman, Chico. Mr. Harris and Ms. Houtman write
concerning the reduction of governmental services, increased
taxes and placement of restrictions upon mobile home dwellers.
Information; no action taken. ~=-
National Association for the Advancement of Colored People, Chico. The
Butte County branch writes urging that the Board not fund the
present public defender's contract and suggests establishment
of a county office. Information; Administrative Officer to
respond to letter advising them of the Board feelings and the
contract in force.
City of Redding. The city forwards information concerning the Airline
Deregulations Act of 1978 and submits information concerning a
meeting to be held on July 25, in Redding.- Discussed; no action
taken.
Butte CountyLegal Services. On behalf of Deborah Ann Shults, the BCLS
files a claim in the amount of $5,000 for tort damages. See
motion following communications.
Page 506.
July 24, 1979
79~
1236
1237
July 24, 1979
Gregory J. Brislain, attorney at law.
Heliker, submits a claim in
of property damage sustained
accident in Chico, Referred
The attorney, on behalf of Mark
the amount of $2,637.28 as a result
on April 23, 1979 in an automobile
to the Insurance Committee.
Butte County Fish and Game Commission. The commission forwards information
concerning the relicensing of the PG&E hydroelectric Cresta and
Rock Creek projects in the North Fork of the Feather River and
recommends that the Board file a petition of intervention to
help the Department of Fish and Game restore the former fishery.
See discussion following communications.
Paradise Municipal Advisory Council. The MAC forwards information for
Board consideration relating to public discussion and recommenda-
tions on matters affecting long-range planning in the Paradise
area. Chairman to draft letter of response.
State Public Employees' Retirement System. The department forwards
information concerning a not yet introduced compromise bill
proposed by Senator Gaylord Nelson of Wisconsin to provide
relief from the current federal regulations for deposit of Social
Security payments and requests the Board's support, Discussed;
no action taken.
State Energy Commission. The commission forwards. its request for public
agency comment on the final report regarding Pacific Gas and
Electric Company's proposed coal-fired power plant. The
Board has expressed an opinion not to comment on the NOI.
State Air Resources Board. Thomas C, Austin, executive officer, forwards
his comments on the Board's response of June 1 to the issue
relating to agricultural burning la st year. Letter to be
written to Mr. Austin inviting him to be present at a Board
meeting to discuss the matter.
Jon M, Anderson, civil engineer, Chico. The engineer, on behalf of
Imhoff & Blindbury appeals the Planning Commission's denial
of proposed neg2tive declaration and use permit to allow a 231
unit mobile home park on property zoned "A-2" (general) Located
on the southwest corner of Sycamore Drive and Hicks Lane,
identified AP 44-44-11, north of Chico. Handled earlier
in the meeting.
Mr. and Mrs. Bradley Maxwell, Paradise. Mr. and Mrs. Maxwell write in
response to Mr. Castleberry's letter regarding the Skyway
widening project and feel that both alternatives. one and two
fail to meet the requirements necessary in maintaining a safe
family neighborhood. Discussed; no action taken.
GRANT ONE-YEAR EXTENSION OF STONESON SUBDIVISION UNIT N0. 1 AGREEMENT TO
CONSTRUCT THE EXTENSION OF NUNNELEY ROAD WEST FROM CLARK ROAD AND FRONTAGE
IMPROVEMENTS ALONG CLARK ROAD
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and carried, a one-year extension of Stoneson Subdivision Unit No. 1
agreement to construct the extension of Nunneley Road west from Clark
Road and frontage improvements along Clark Road was granted,
REJECT CLAIM - DEBORAH ANN SHUI.TS
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the claim of Deborah Ann Shults in the amount of $5p00 for
tort damages was-.rejected and referred to Counsel and Risk Management
Coordinator. Page 507;
July 24, 1979
79'r
a'i
'1238
1239
12 40
1241
_____--_=====Ju1~24, 1979====-------=====Q==
DISCUSSION: BUTTE COUNTY FISH ANA GAME COMMISSION LETTER RE: RELICENSING
OF PG&E HYDROELECTRIC CRESTA AND ROGK CREEK PROJECTS IN THE NORTH FORK
OF THE FEATHER RIVER
Mr. Robertson, PG&E, stated that the Department of Fish and
Game held a meeting on June 22, 19790 They have not completed a recommenda-
tion to PG&E. He asked that the Board not take any action until the
recommendation comes out.
Mr. Robertson was asked to contact Gene Mercer, Fish and
Game Commission, to discuss the matter with him. The Board will hold
action until the final information has been received from the Department
of Fish and Game.
ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Wheeler stated that she would not be here next week
and would like to sumbit a memo regarding the General Plan Land Use
Element. She is not concerned with the Land Use Element but is concerned
about the General Plan amendments in the north area of Chico.
Supervisor Wheeler left information for the Board members regarding
public bail and would like to discuss the matter in two weeks.
CLARIFTCATION OF HOME OCCUPATION OR-INANCE
Supervisor Wheeler stated that Counsel's office has a question
regarding the Home Occupation ordinance pertaining to Mr. Terry north of
Chico who has an auto repair shop. She assumed the use would be allowed,
She felt the use should be allowed. He owns five acres of property.
Supervisor Winston stated that this did not fit into his
definition of home occupation. It is an "A-5" zone.
Supervisor Moseley stated that this situation was similar to
the one on Larkin Road in Gridley.
Del Siemsen, deputy county counsel., stated that the question
is not only Mr. Terry. It deals with whether the Board intended services
under professional offices and services to be a separate category as
opposed to services of a professional office. Services of a professional
office would preclude Mr. Terry from the Home Occupation ordinance.
Repair of agricultural equipment would probably be allowed in the "A-5"
zanee Mr. Terry was repairing automobiles and so forth which brought
him into conflict. He would like some clarification as to what the
Board's intent was.
It was felt that auto repair should not be considered-under
home occupation. The ocupation should be confined to a room and only
members of the family should. be employed.
ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Chairman Lemke. stated that the Board had received a letter from
Joseph Ferdus on the Don Tourte use permit.
The Board received several reports: one from John Schroder who
is withdrawing on August 1, 1979 from the Public Defender's Office.
The Oroville Chamber of Commerce has written regarding bringing
back tourism.
There is a letter from the Administrative Office on the
incorporation process necessary for Paradise.
Page. 508.
July 24, 1979
7
July 24, 1979
_ _ _ _ _ _ _ _ ~ ~ ~ ~ W ~ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The Board received copies of the June 25, 1979 minutes of the
MAC meeting.
Supervisor Moseley stated that she has had questions about
the animal control ordinance and the two-year licensing. The two-year
licensing does not seem to be going over very wello She asked that the
Administrative -0fficer look into this matter and report back to the
Board on July 31, 1979.
EXECUTIVE SESSION: The Board recessed at 3:00 p,m, to hold an executive
session regarding litigation.
RECONVENE: The Board reconvened at 3:45 p.m. following an executive
session regarding litigationo Nothing to report at this time.
RECESS: The Board recessed at 3:46 p,m. to reconvene on Tuesday, July 31,
1979 at 9:00 a.m.
Page. 509.
3uly' 24, 1979