HomeMy WebLinkAboutM081578August 15, 1978
RECONVENED: The Board reconvened at 9:00 a.m. pursuant to recess.
Present: Supervisors Lemke,. Madigan, Moseley, Richter and
Chairman Winston, C1if Mickelson, administrative officer;
Dan Blackstock, county counsel, by Del Siemsen, deputy county
_counsel; and Clark A. Nelson, county clerk, by Cathy Pitts,
assistant clerk to the Board,
Pledge of allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
78-1521 CONTINUE PUBLIC HEARING OF W. M. BARKLEY APPEAL OF ADVISORY AGENCY'S
CONDITIONS del AND ~F2 RELATING TO ROAD STANDARDS AND DEEDING OF RIGHT-OF-WAY
FOR TENTATIVE PARCEL MAP, AP 55-201-13, FOUR LOTS, NORTH SIDE OF EDGEWOOD
LANE, APPROX. 300 FEET NORTH OF JARAMILLO LANE, PARADISE TO AUGUST 22,
1978 AT 10:30 A.M.
The public hearing of W. M. Barkley appeal of Advisory Agency's
conditions dkl and #2 relating to road standards and deeding of right-of-
way for tentative parcel map,. AP 55-201-13, four lots, north side of
Edgewood Lane, approximately 300 £eet north of Jaramillo Lane, Paradise
was continued to August 22, 1978 at 10:30 a.m.
78-1522 APPROVAL OF MINUTES
On motion of .Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, the minutes of August 8 and August 10, 1978
were approved as mailed.
78-1523 CLARIFY MINUTE ORDER 78-1520 RELATIVE TO EXTENSION OF TII`SE TO OCTOBER 1,
1978 FOR ISSUING OF BUILDING PERMIT TO MOE WEST FOR PROPERTY LOCATED ON
SOUTH SIDE OF BUSCHMANN ROAD RELATIVE TO SENIOR CITIZENS HOUSING UNIT
On motion of Supervisor Lemke, seconded by Supervisor Richter
and unanimously carried, minute order 78-1520 was clarified to reflect
that the energy standards at the time the permit was taken out by Moe
West for property located on the south side of Buschmann Road relative to
senior citizens housing unit is to be used.
78-1524 WAIVE SECOND REARING OF SALAItX ORDINANCE AMENDMENT DELETING
CLASSIFICATION OF EXECUTTVE DIRECTOR - SPECIAL PROGRAMS FROM SALARY ORDINANCE
ADOPT ORDINANCE 1950
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and unanimously carried, the second reading of the salary ordinance amendment
deleting the classification of Executive Director - Special Programs from
the salary ordinance was waived; Ordinance 1950 was adopted and the Chairman
authorized to sign. -
78-1525 APPROVE REVENUE SHARING STATEMENT OF ASSU7.2ANCE FOR ENTITLEMENT ~~10
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, the revenue sharing statement of assurances for
entitlement ~~10 was approved and the Chairman authorized to sign.
78-1526 WAIVE FIRST READING OF REFUSE COLLECTION LIABILITY INSURANCE ORDINANCE
Chairman Winston set out the matters contained in the memo from
Lynn Vanhart, environmental health director, The ordinance was brought
into being because of the wishes of several collectors. The ordinance
covers removal of garbage from properties. If the Board sees fit to
eliminate the license fee he suggested the fee schedule be altered to
a flat fee, There are three collectors pending insurance.
Mr. Vanhart stated that the memo covers the matter. The general
maintenance of the collection vehicles have improved. He would like to
see the provisions retained in the ordinance. The flat fee would be
inappropriate to do at this time. It should be a flat fee plus vehicle.
Page 172,
August 15, 1978
August 15, 1978
Del Siemsen,Wdeputy county counsel, felt that the board should
require liability insurance. The county will be pulled into a lawsuit
regarding any of these matters_sinc.e they axe regulating the business.
On motion of Supervisor Lemke,. seconded by Supervisor Madigan
and unanimously carried, the first reading of the ordinance amendment.
to require refuse collection liability insurance was waived.
Supervisor Ra.chter stated that he did not believe the county
should be in the business of regulating the garbage collection people.
78-1527 AUTHORIZE PREPARATION OF AGREEMENT WITH REGION C - CRIMINAL JUSTICE
PLANNING BOARD FOR IMPLEMENTATION OF AB 90 (COUNTY JUSTICE SYSTEM
SUBVE~PION PROGRAM)
C1if Nickelson, administrative officer, stated that unless
the Board puts together a plan they could lose AB 3121 funds.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and carried, preparation of an agreement with Region C - Criminal Justice
Planning Board for implementation of AB 90 (County Justice System Subvention
Program) was approved. AYES: Supervisors Lemke, Madigan, Richter and
Chairman Winston. NOES: Supervisor Moseleyo
78-1528 PUBLIC HEARING DATES SET
The following public hearing dates were set for August 29, 1978
at 9:30 a.m.:
1. Walter E. Hensley - petition for variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home at
Box 2, Ord Ferry Stage, Chico, AP 39-27-31o Zoning: A-40.
2. Grace M. Turney - petition for variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile teoma at
Route 2, Box 2366, Oroville, AP 25-16-14. Zoning: A-2.
3. Albert H. Lindquist - petition for variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement;of a mobile home at
2760 Louis Avenue, Oroville, AP 27-09-24. Zoning: A-5.
78-1529 ADOPT RESOLUTION 78-136: NOTICE OF INTENTION TO SELL TAX DEEDED
PROPERTY AP 05-24-1-05 AT A MINIMUM PRICE OF 2. 957.
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, Resolution 78-136 giving notice of intention
to sell tax deeded property, AP 05-24-1-05 at a minimum price of $2,957
was adopted and the Chairman authorized to sign.
78-1530 ADOPfi RESOLUTION 78-137: NOTICE OF INTENTION TO SELL TAX DEEDED
PROPERTY, AP 24-23-17-2, AP 25-17-12-3, AP 25-17-14-3, AP 50-11-26-3,
AP 50-12-101-3, AND AP 165-07-20-3 (FORMERLY AP 157-05-16-3) AT A MINIMUM
PRICE OF $75 FOR EACH PARCEL
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, Resolution 78-137 giving notice of intention
to sell tax deeded property, AP 24-23-17-2, AP 25-17-12-3, AP 25-17-14-3,
AP 50-11-26-3, AP 50-12-101-3, AND AP 165-07-20-3 (formerly AP 157-05-16-3)
at a minimum Brice of $75 for each parcel was adopted and the Chairman
authorized to sign.
78-1531 SPECIAL INVESTIGATION UNIT"S ANNUAL REPORT FOR 1977-78 - WELFARE
The Welfare's special investigation unit's annual report for
1977-78 was presented to the Board, Information only.
Page 173.
August 15, 1978
August 15, 1978
^
78-1532 ACCEPT AGREEMENT FOR PUBLIC ROAD. CONNECTION TO STATE ROUTE 32 AT
ENGINEER'S STATION 586 -}- 00 - DAN HAYS
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the agreement for, public road connection to
State Route 32 at engineer`s station 586 -~- 00 - Dan Hays was accepted
and the Chairman authorized to~sign.
78-1533 ACCEPT AGREEMENT FOR PUBLIC ROAD CONNECTION TO STATE I30UTE 32 OF
ENGINEER'S STATION 56I i- 00 - LYNN D. SMITH, RICHARD L. SHEARS AND BETTIE B.
SHEARS
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, the agreement for public road connection to State
Route 32 of engineer's station 56I -t- 00 - Lynn D. Smith, Richard L. Shears
and Bettie B. Shears was accepted and the Chairman authorized to sign.
78-1534 ISSUE CERTIFICATE OF COMPLIANCE FOR RALPH E. AND CAROLINE R. VINEYARD
FOR AP 62-53-28, SOUTHEAST I/4 OF SECTION 30, NORTHEAST OF 1/4 OF SECTION 31,
T21N, RSE, LYING NORTH AND EAST OF PONDEROSA WAY PROVIDED OWNER SIGNS A
ROAD MAINTENANCE AGREEMENT
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, a certificate of compliance was authorized to
be issued to Ralph E. and Caroline R. Vineyard for AP 62-53-28, southeast
1/4 of Section 30, northeast 1/4 of Section 31, T21N, R5E, lying north and
east of Ponderosa Way provided owner signs a road maintenance agreement.
Pat Bigelow, representing Mr. Vineyard, asked if the Board could
issue a mobile home permit so that Mr:°:; Vineyard could get started.
Lynn Vanhart, environmental health director, felt there would
be no problem in issuing the permit for the mobile home.
78-1535 APPROVE RIGHT-OF-WAY ACQUISITION - AGREEMENTS FOR SALE.
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the following right-of-way acquisition, agreements
for sale were approved; the Chairman authorized to sign and the Auditor
authorized to issue warrants upon demand of county`s escrow agent:
Dayton Road,@ SR 32,: William-Whitney et a1 0.08 acre $6,900 No. Imp. $6,900
Pearson Road 57422-76-1 Cornelis DeJong 0,03 acre $1,050 No. Imp, $1,050
Pearson Road 57422-76-1 Elmer E. Rice, et ux 0.03 acre $ 535 No, Imp. $ 535
Skyway FAS Y742(1) Church of the Nazarene O.I4 acre $1,233 No. Imp. $3.,233
78-1536 ACCEPT QUIT CLAIM DEED (DRAINAGE EASEMENT) - ANCEL BALLARD, ET UX IN
EXCHANGE FOR REPLACEMENT EASEMENT
On motion of Supervisor Richter seconded by Supervisor Madigan
and unanimously carried, the quit claim deed (drainage easement) for
Ancel Ballard et ux was accepted and the Chairman authorized to sign deed
and certificate of acceptance.
78-1537 DISCUSSION OF ASSIGNMENT OF INTEREST - PARADISE STAGE CONTINUED TO
AUGUST 22, 1978
The discussion of assignment of interest in the Paradise Stage
was continued to August 22, 1978.
78-1538 ADDITIONAL MATTER PRESENTED BY-SUPERVISOR RICHTER
Supervisor Richter stated that he had seen a notice for hearings
to be held in October regarding Highway 32. All of the hearings have
been held and the work was to begin for widening of Highway 32. Mrs. Gianturco
on the grounds that walnut trees would have to be removed decided to have
Page 174.
August 15, 1978
August 15,_1978
hearings held, The hearings will be held to see if anyone objects to the
cutting down of dead trees. There are severe road problems.
78-1539 REPORT TO BOARD RE: RUSSELL GUIVER - DENIED NEGATIVE DECLARATION AND
REZONE TO AMEND A "PA-C" DEVELOPMENT PLAN TO ALLOW THE INCREASE FROM 199
TO 211 MOBILE HOME LOTS ON PROPERTY LOCATED. ON THE 50UTH SIDE OF OLIVE
HIGHWAY WEST OF WYANDOTTE MINERS RANCH ROAD, IDENTIFIED AS AP 34-50-24,
25 AND 29_(~ORTION) ORO_VILLE
Bettye Blair, interim planning director, reported to the
Board on the Russell Guiver denied negative declaration and rezone to
amend a "PA-C" development plan to allow the increase from 199 to 211
mobile home lots on progeny located on the south, side of Olive Highway
west of Wyandotte Miners Road, identified as AP 34-50-24, 25 and 29 (portion)
Oroville. If there are no appeals within five days it is not necessary
for the Board to set a public hearing. She has asked the Zoning Inspector
to make an investigation into the reasons the conditions knave not been
complied with, Information; no action necessary.
78-1540 AISCUSSTON: SPECIAL ELECTIONS - LOW INCOME HOUSING - SOUTH OROVILLE
The discussion on special elections for low income housing
in the South Oraville area was put over at this time.
78-1541 REPORT ON REQUESTS FOR RETURN OF FILING FEES FOR RECORDER CANDIDATES
CONTINUED T.0 AUGUST 22, 1978
The report on the requests for return of filing fees for Recorder
candidates was continued to August 22, 1978,
78-1542 ADOPT RESOLUTION 78-138 CONSOLIDATING VARIOUS DISTRICT ELECTIONS WITH
NOVEMBER GENERAL ELECTION
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, Resolution 78-138 calling for the consolidation
of the Biggs School District, Feather Falls School District, all Recreation
Districts, the public transportation measure and any and all elections
that can be consolidated with the November General Election was adopted
and the Chairman authorized to sign.
78-1543 k+7AIV& FT.RST.'READING OF ORDINANCE ADDING ARTICLE IV, CHAPTER 15
RELATIVE TO TOPLESS DANCING
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and unanimously carried, the first reading of the ordinance adding Article IV,
Chapter 15 relative to topless dancing was waived.
78-1544 ADOPT RESOLUTION 78-139 AMENDING A PORTION OF PARAGRAPH 17 OF THE
ENVIRONMENTAL REVIEW GUIDELINES
On motion of Supervisor Lemke, seconded by Supervisor Richter
and unanimously carried, Resolution 78-139 amending a portion of paragraph 17
of the Environmental Review Guidelines was adopted and the Chairman authorized
~o sign.
. -_:~5 Del Siemsen, deputy county counsel, set out the reasons for
requiring the five minute presentations. The comments to the EIR should
be submitted in writing, Comments made at the hearing could be limited
to five minutese This would be up to the Chairman. Both the hearing
on the environmental aspect and the project could be held at the same
time.
78-1545 WAIVE FIRST READING OF ORDINANCE AMENDING CHAPTER 24 OF THE BUTTE
COUNTY CODE :',ADDING THERETO SECTION 24-29.1 RELATIVE TO CONDUCT OF PUBLIC
HEARING
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the first reading of the ordinance amending
Chapter 24 of the Butte County Code by adding thereto Section 24-29.1
relative to conduct of public hearings was waived.
Page 175. August 15, 1978
August 15, 1978
78-1546^PUBLIC HEARTNG:~MITCHELL AVENUE~ORO.VILLE-(OjUINCY ROAD ISLAND ANNEXATION
TO THE CITY OF OROVILLE: ADOPT RESOLUTION 78-140
The public hearing on the Mitchell Avenue Oroville-Quincy Road
island annexation to the City of Oroville was held as advertised, Sill
Turpin, administrative analyst, set out the background of the annexation.
Hearing open to the public. .Appearing:
1. Don Blake. Mr. Blake asked to see where the property in
question was located. This was pointed out to-him on the map.
2. Dave Jenkins, Oroville City administrator. Mr. Jenkins
asked the Board to consider approval of the island annexation. This has
been a noncontroversial area and is presently being serviced by the City.
The area is surrounded by the City,
Hearing closed to the public and confined to the Board.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the Mitchell Avenue Oroville-Quincy Road island
annexation to the City of Oroville was approved; Resolution 78-140 authorizing
annexation was adopted and the Chairman authorized to sign.
78-1547 PUBLTC HEARING: RICHARD JONES - APPEAL OF DENIED NEGATIVE DECLARATION
AND REZONE FROM "A-5" (AGRTCULTURAL, FIVE ACRE PARCELS) TO "SR-1" (SUBURBAN
RESIDENTIAL, ONE ACRE PARCELS) PROPERTY LOCATED ON THE NORTHWEST CORNER
OF DAYTON DURHAM HIGHWAX AND BURDICK ROAD IDENTIFIED AS AP 39-24-40
CONTAINING 22.6 ACRES, MORE OR LESS, DURHAM
The public hearing on the Richard Jones appeal of denied
negative declaration and rezone from "A-5" (agricultural, five acre
parcels) to "SR-1" (suburban residential, one acre parcel) property
located on the northwest corner of Dayton Durham Highway and Burdick
Road identified as AP 39-24-40 containing 22.6 acres, more or Less,
Durham was held as advertised. There has bean a request for a continuance
to November 14, 1978. Bettye Blair, interim planning director, stated
that she discussed the continuance request with Mr. Jones. She advised
him that this is usually a Board decision and that normally the Board
did not continue hearings. People had been notified and he might want
to contact someone to be present to represent him.
Earl Nelson, environmental review director, set out the background
of the negative declaration. The negative declaration is being recommended
because the magniture of the impacts are small. There are no particular
adverse effects except the change in the character of the community.
Bettye Blair, interim planning director, set out the background
of the appeal, The area is between low density and orchard and field
crop designation, The Planning Commission voted 4 to 0, 1 absent to
deny the rezone.
Chairman Winston set out the people who had attended the
Planning Commission hearings
Hearing open to the public. Appearing:
1. Robert Wall, Chico, Mr. Wall stated that he lives adjacent
to the proposed rezone. He is speaking for several people who attended
the Planning Commission hearing, There were a great many people in
oppmsition to the rezoned He feels it will be a significant effect on
the environment and challegges the negative declaration. Mr, Wall urged
the Board to deny the rezone.
Page 176.
August 15, 1978
August 15, 1978
2. Gerald^Blanchard, Durham. Mr. Blanchard felt that the rezone
would have a great impact on the schools. This is prime agricultural Iand
and should be retained as such.
3. Ed McLaughlin. Mr, McLaughlin felt that there is other
land that could be divided. This property is agricultural land. He
agreed with the Planning Commission denial.
Hearing closed to the public and confined to the Board,
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, the decision of the Planning Commission was
upheld and the appeal was denied.
RECESS: 10:02 a.m.
RECONVENE: 10:20 p.m.
78-1548 COUNSEL DIRECTED TO BRING BACK TWO BALLOT MEASURES RE: SPECIAL
ELECTIONS - LOW INCOME HOUSING - SOUTH OROVILLE.
Counsel was directed to bring back two ballot measures,
one for 75 units for the public section and one for 75 units for the
private section £or a special election regarding low income housing
in South Oroville on August 22, 1978.
78-1549 ADOPT ORDINANCE 1951: PUBLTC HEARING: JAY HALBERT & WARD BAILEY -
PROPOSED NEGATIVE DECLARATION ANA REZONE FROM "A-10" (AGRICULTU~&AL",. TEN
ACRE PARCELS) TO "SR-1" (SUBURBAN RESIDENTIAL, ONE ACRE PARCELS) PROPERTY
LOCATED ON THE SOUTHWEST CORNER OF OAK PARK AVENUE AND ROSE AVENUE,
IDENTIFIED AS AP 42-21-17, CONTAINING FIVE ACRES, MORE OR LESS, CHICO
The public hearing on the Jay Halbert and Ward Bailey proposed
negative declaration and rezone from "A-10" (agricultural, ten acre parcels)
to "SR-1" (suburban residential, one acre parcels) property located on the
southwest corner of Oak Park Avenue and Rose Avenue, identified as
AP 42-21-17, containing five acres, more or less, Chico was held as advertised.
Earl Nelson, environmental review director, set out the background
of the negative declaration. This was recommended not because of no
impacts but because of the magnitude of the impacts. This is a single
five acre zone to be split into four lots. It is good agricultural land
in the westerly part of Chico, The general plan indicates it is suitable
fox residences. It was zoned A-10 to preserve agricultural land.
There are residences adjoining the area.
Bettye Blair, interim planning director, set out the background
of the rezone. This was approved by the Planning Commission. The property
is located to the south of west Sacramento Avenue area. The area is in
a transitional area between low density and agricultural.
Hearing open to the public. Appearing:
1. Jay Halbert, proponent. Mr, Halbert set out the reasons he
would Like to have the rezone approved. He would like to Live in the
existing house and build three nice homes on 1-1/4 acre lots. The general
plan is being reviewed at the present time. There are precedents set in
the area by developers. He set out the different lots that have been
divided. The orchard on the property is an old almond orchard. Last
year the orchard grossed $1,700 and netted $100, This year Mr. Halbert
sublet the orchard to a farmer who stated that with the crop estimated
he was advised to drop the orchard.
Page 177.
August 15, 1978
August 15, 1978
2. John Moorehead, Chico. Mr. Moorehead set out how the property
had been split up in the past. He represents 44 acres. It is economically
unfeasible to farm. The reason this is unfeasible is because he is
surrounded by residences and commercial property, There is a main sewer
line down Rose Avenue in front of the property. He was in favor of the
rezoning. -
3. Dave Lands, Oak Park Drive. Mr. Lantis stated that he
has been studying land use for 20 years. He was dismayed at the comments
by the Environmental Review Director. More and more people have come
up and said that they do not want to destroy farmlands. Mr. Lantis
stated that he built in that area not realizing what the people are
doing in America. This area has some of the finest soil. What reason
is there to destroy the agricultural land. Mr. Lantis felt that urbanization
would not stop until it reached the river. This area is good area for
farming a few acres for a supplemental income. There is no reason to
continue leap frogging.
4, Sharon Marble, Santa Clara Avenue. Mrs. Marble stated that
she owns seven acres of orchard. She set out the reason the area was
z oned "A-YO". This was to protect: ::the orchards in the area. She felt
that she was grossing much more on her seven acres that what Mr. Halbert
had quoted for the five acreso This could be poor farming practices.
Ranchita Gardens was developed before the "A-ZO" zoning was placed in
the areao If the zoning request is granted, this would be setting a
precedento This could cause a domino effect. She was in favor of keeping
the area as it isa
S, Charles Harvey, Chicoo Mr. Harvey stated that after going
to Oroville many times because of the original A-2 zoning the people worked
together to get the present zoning. The people asked for one acre lots
in the north and five acres in the south, The Planning staff and commission
and the Board decided that fen acres should be placed in the area.
He felt the environmental process should be abolished if the comments
of the Environmental Review Director are considered. This is agricultural
land. The orchard on the property is an old orchard that has not been
replanted and kept upo It is the key to the whole area. Mr. Harvey
worked to get the speed zone on the street lowered. The problem is to
control density of population. If the area is developed the county
is going to have to put in sidewalks and sewer. There is a water line
ino The intention is to save agricultural land on the west side.
The general plan was hastily formed because of government mandate.This
property is real agricultural land that is not designated as agricultural
land. Ranchita Gardens is what broke the people's back. They were
outraged. Expensive public development will Force expansion of development.
The idea is to provide a buffer zones. The Board should review the issues
of the general plan and make the plan consistent with the real agricultural
land and not use the plan for developing in agricultural land.
6. Tom Dickenson. Mr. Dickenso~stated that there is ten acres
directly south of the subject property which has been replanted with
almonds. That is one of the fastest maturing orchards. It is possible
to grow an orchard on the property. It is a very economical operation.
Mr. Dickenson does advisory work around. the state with preservation
of agricultural lando Transition means holding a pattern. If the Board
allows the five acres to be divided this is just a wedge in the door.
The Board granted the area zoning. He felt this was a question of the
integrity of the zoninga~
Supervisor Richter stated that he has always taken the position
that zoning means something. He has never voted to down zone agricultural
land and never voted to violate agricultural land.
Page 178.
August 15, 1978
August 15, 1978
Mr. Moorehead stated that the Board will find that a sewer line
does. go down Rose Avenueo Mr. Moorehead showed the Board pictures of the
area.
land.
Mr. Harvey felt that the zoning in the area was to save agricultural
Mro Halbert stated that the sewer line does go down Rose Avenue.
There are two orchards on either side of the property. The owners of
those orchards were advised by the same person who had sublet his orchard
that it was not feasible to operate.
Mr. Lantis asked if the county wanted Chico to go to the river.
Mrs. Marble asked to look at the pictures Mr, Moorehead had
presented to the Board.
Chairman Winston stated that he did not intend for development
to go to the river. It should stop at Glenwood.
Hearing closed to the public and confined to the Board.
Supervisor Richter stated that because of personal reasons he
was going to abstain from voting on the matter.
Supervisor Madigan advised that Mro Nickelson had checked on
the sewer line and it is on Rose Avenue.
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and carried, finding that the project could not have a significant effect
on the environment a negative declaration was recommended. AYES: Supervisors
Lemke, Madigan, Moseley and Chairman Winston. ABSTAINING: Supervisor Richter
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and carried, the rezone from "A-10" to "SR-1" property located on the
southwest corner of Oak Perk Avenue and Rose Avenue, identified as
AP 42-21-17, containing five acres, more or less, Chico was approved;-
Ordinance 1951 was adopted and the Chairman authorized to sign. AYES:
Supervisors Lemke, Madigan, Moseley and Chairman Winston. ABSTAINING:
Supervisor Richter.
78-1550 ADQPT:ORDINANCE 1952; PUBLIC HEARING: DURHAM PUMP SHOP - PROPOSED
NEGATIVE DECLARATION AND REZONE FROM "A-5" (AGRICULTURAL, FIVE ACRE PARCELS)
TO "C-2" (GENERAY: COMMERCLAL) PROPERTY LOCATED ON THE SOUTH SIDE OF DURHAM
HIGHWAY AT JONES AVENUE, IDENTIFIED AS AP 40-20-4, 53, 54 AND 55, CONTAINING
FIVE ACRES. MORE OR LESS, DURHAM
The public hearing on the Durham Pump Shop proposed negative
declaration and rezone from "A-5" (agricultural, five acre parcels) to
"C-2" (general commercial) property located on the south side of -urham
Highway at Jones Avenue, identified as AP 40-20-4, 53, 54 and 55,
containing five acres, more or less, Durham was held as advertised,
Earl Nelson, environmental review director, set out the background
of the negative declaration. This property has existing warehouses on it.
The request is to use the property for sale of irrigation equipment.
To the west is a commercial center. Around this property are scattered
residences and farm land. A negative declaration was recommended.
The M-1 zone was considered. A nuisance requires a use permit in the
M-1 zone.
Bettye Blair, interim planning director, set out the background
of the rezone. The Planning Commission recommended C-2 zoning instead
of M-1 zoning. The M-1 zoning vi&~ more.intense than the applicant needed,
Page 179, August 15, 1978
August 15, 1978
Hearing open to the public. Appearing: Bob Dubose, Chico..
Mr. Dubose stated that the property has been used for agricultural
purposes and also Durham Pump Shop has used the property for storage.
The intention is to manufacture and storage. He would like to see the
zoning changed.
Hearing closed to the public and confined to the Board,
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, on the basis of the intial evaluation, noting
that this is consistent with the general plan, finding the proposed
project could not have a significant effect on the environment, a negative
declaration was approved noting the negative declaration is designed for
M-1 zoning which is more intensive and the zoning would apply to C-2
zoning which is less intensive.
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, the rezone from A-5 to C-2 property located
on the south side of Durham Highway at 3ones Avenue, identified as
AP 40-20-4, 53, 54 and 55, containing five acres, more or less, Chico
was approved with the findings that this is consistent with the general
plan and a negative declaration was adopted; Ordinance 1952 was adopted
and the Chairman authorized to sign,
RECESS: 11:35 a.m.
RECONVENE: 11:40 a.m.
78-1551 DISCUSSION: BALLOT MEASURE FOR PG&E COAL FIRED PLANT
Chairman Winston stated that the PG&E coal fired plant is a
sensitive issue in Butte County. Chairman Winston set out Bob Boehm's
opinion relative to the ballot measure for the PG&E coal fired plant.
This matter is in the control of the Energy and Resources Commission.
The Board is ;-faced with the disgression of placing the advisory measure
on the ballot pursuant to Election Code section 5353. This would be
an advisory election with the scheduled election for the purpose of
voicing opinion on the issue to indicate approval or disppproval.
If pursuant to this he suggests that the measure read as follows:
"Advisory vote only. Shall it be the policy of the Board of Supervisors
to oppose the Fossil I & II plant in the County of Biitte?"
Bob Boehm, deputy county counsel, stated that it seems the
initiative measure is beyond the legislative scope of the county. The
first hearings have just been completed. This did not go into detail
relative to air quality in Butte County. This will occur ea~.y fall or
early winter. The Board might want to consider waiting until after
the hearings have been completed so the Board and the public are better
informed. If the Board wants to place the suggested measure on the ballot,
he suggested that it be expanded to the whole of the Sacramento Valley.
The other sites being proposed would have the same air quality effects
on Butte County without any of the benefits.
Don Blake felt that the wording on the petition has the backing
of 18,000 people. The wording is what should be used on the ballot measure.
"Shall PG&E coal fired plant be located in Butte County?" Mr. Blake stated
that the opinnn refers to the fact that the California Energy and Resources
Commission has exclusive power to decide on this plant. The Board of
Supervisors has exclusive jurisdiction over the State water, Iand use
planning, etc. The Board also has the power to advise the Bnergy Commission
of the feelings of the people of Butte County. The purpose of the
ballot measure is to see how the people feel about the plant. There is
nothing to stop tine Board from putting this measure on the ballot.
., Page I80.
August 15, 1978
August 15, 1.978
Mr. Boehm stated that Section 5353 is permissive and would
permit the Board to place an advisory measure on the ballot. The wording
would probably not be illegal, It was his judgment that the wording could
be more definite as to what the Board is opposed to. That is why the
alternate wording was suggested.
Mr. Blake felt that the people who signed the petition were
satisfied with the wording on the petition. There is nothing illegal
with, the wording. Mr, Blake thanked the people who had worked on the
signature campaigno
Chairman Winston spoke regarding the wording on the petitions.
It stated that four tons of particulate, matter will gush from 600 foot
smoke stacks and cover the area, Chairman Winston showed pictures of
the Salt Zake City area to Mr. Blake and asked him if coal dust was
covering Salt Lake City.
Mr. Blake stated that the four tons of patticulates was
brought up in the NOI.
Chairman Winston felt that the Energy Commission through the
process of hearings is exploring the very deep concerns that have been
expressed, The County of Butte on May 4, 1978 said they have additional
concerns. He submitted that until such time as the Energy Commission
comes down and says they have evidence that the plant can be located
in Butte County and the air quality problems are shown then the County
can start fighting about it. He felt that a considerable amount of
information has to be developed before the people are removed from
emotion. The country is going to have to cansider alternate means of
producing energy to meet the needs of the people. This should be examined
closely to make a determination. Geothermal energy and nuclear energy
have been suggested alternatives. All information developed should be
brought up in the hearing process.
SUPERVISOR WINSTON ERCUSED AT 12:12 p,m,
It was moved by Supervisor Moseley, seconded by Supervisor Richter
that Counsel be directed to prepare a resolution calling for an election
for consolidation with the November General Election for the purpose of
an advisory measure to read: "Should a PG&E coal burning plant by located
in Butte County?"
Discussion of the wording- advisory measure only. Mr. Boehm
stated that this is required by iElection Code Section 5353. Mr;
Nelson stated that he would advertise for arguments. A group has a
better chance of doing the argument than an individual.
~-.Supervisor Richter felt that he did not have the information
necessary to make a decisiono He wants additional information on the plant.
He did not feel the matter should have been placed on the ballot before
all of the information had been received. In view of the fact that 18,000
people want the measure on the ballot he would be willing to vote for the
motion.
David Hopper, Chico. Mr. Hopper stated that he was involved
in the petition drive to collect the signatures. Mr. Hopper felt the
issue of the coal power plant overshadows every zone. They will all be
affected, Mr. Hopper stated that the Board had hired a firm to study
the ~(~~,~ The report is in from that company giving the facts. There
are/minuses than pluses for the County, The four tons of particulates
are going to be placed into the atmosphere whether they can be seen or
not. The plant can be compared to the major pollutor in this state,
Kaiser Steel Plant in Eontanao Mr. Hopper felt the measure should be
presented to the voters as was presented on the petition.
Page 1810 August 15, 1978
August 15, 1978
Carolyn Hubbard, Paradise. Mxs. Hubbard felt the EDAW report
covered the possible danger to health.
Mr. Bob Brannon, Chico. Mr. Brannon felt the people should
be allowed to do what they want to do. The measure should be put on
the ballot.
Mr. Blake asked if the Board was proposing to throw-the
petitions out.
Mr. Boehm explained that if the Board placed a ballot measure
on the November ballot under Election Code Section 5353 it would not be
on the basis of the petitions.
Robert Rhodes. Mr. Rhodes stated that Paradise would be staring
in the eye of the gases emitted by the plant.
Discussion closed to the public and confined to the Board.
Supervisor Lemke stated that he appreciated the efforts of
the committee in getting the signatures. He felt that this was a premature
time for the signatures. The air quality matter will be thoroughly
investigated in the second go around. The biggest concern is that the
petition did not go far enough. The biggest concern is that air quality
will be damaged no matter where the plant is located, The petition
should have included all of Northern California instead of just Butte
County. Supervisor Lemke removed his endorsement of the coal plant.
He felt the vote should be taken after the adjudication process has
been completed for all of the sites.
Vote on motion:
AYES: Supervisor Mosley and Richter
NOES: Supervisors Lemke and Madigan
ABSENT: Chairman Winston
Motion fails.
RECESS: 12:47 p.m.
RECONVENE: 1:55 p.m.
78-1552 PUBLIC HEARING: PAT BIGELOW - APPEAL OF ADVISORY AGENCY'S CONDITION ~~7
RELATING TO FIRE HYDRANTS FOR A LAND DIVISION, FOR AP 36-27-58, FOUR LOTS,
SOUTH SIDE OF OPHIR ROAD WEST OF SOUTHERN PACIFIC.. RAILROAD. OROVILLE
The public hearing on the Pat Bigelow appeal of Advisory Agency's
condition ~~7 relating to fire hydrants for a land division, for AP 36-27-58,
four lots, south side of Ophir Road west of Southern Pacific Railroad,
Oroville was held at this time. John Mendoasa, Public Woxks, set out
the background of the appeal. This is a condition from the Fire Department
requiring three hydrants.
Hearing open to the public, Appearing: Pat Bigelow. Mr.
Bigelow set out the location of the property. There is nothing on the
property today and will not be in the future. Mr, Bigelow would like
to have to fire hydrants placed on the property at the time development
takes place. This condition would force him to place an additional cost
on the parcels. He felt this should be a condition of development and
not of the parcel map.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried, the appeal was denied.
Page 182, August 15, 1978
August 15, 1978
78-1553 PUBLIC HEARING :r MR. AND MRS. ROBERT RNESS - APPEAL CONDITION REQUIRING
A 60-FOOT ACCESS ON CONDITIONAL CERTIFICATE OF COMPLIANCE ON AP 73-22-54,
NORTH SIDE OF LA PORTS ROAD, APPROX. 1,300 FEET EAST OF MERRY WAY, CLIPPER
MILLS
The public hearing on Mr. and Mrs. Robert Rness appeal of
condition requiring a 60-foot. access on conditional certificate of compliance
on AP 73-22-54, north side of LaPorte.Road, approximately 1,300 feet east
of Merry Way, Clipper Mills was held at this time. John Mendonsa, Public
Works, set out the background of the appeal. The parcel is land locked,
The parties do not have legal access. This does not permit them to
get a building permit, There is a surveyor trying to clear the matter
up at the present time.
Hearing open to the public.. Appearing:
1. Mrs. Rness. Mrs. Kness stated that they had been issued
a permit for a septic tank.and utility pole. When it came time for the
permit for the mobile home the Public Works Department accepted the fees.
This has been almost two years. They applied for the mobile home
permit three months after they had the other permits.
Mr. Mendonsa stated that the septic tank permit had been
issued on the basis that there was an existing house that had burned.
Mrs. Rness stated that they have access to LaPorte Road on
a gravel road. This goes back to another house.
2. Mra Bill O'Rourke. Mr. O'Rourke stated that he owned the
surrounding property. He is in the process of having a surveyor survey
the property to find the center section lines. None have been established.
He will sign a quit claim deed to the Rnesses when the property has been
surveyed. Mr, Parker had advised him that they would have to give the
land the Mr. and Mrs. Rness for access,
Del Siemsen, deputy county counsel, stated that the Board cannot
make a determination relative to conscriptive rights.
SUPERVISOR WINSTON PRESENT AT THIS TIME.
Mr. O'Rourke stated that he would be willing to give the
access after the survey has been completed. He cannot do this until
after the survey because the other piece of the property has the same
problem,
Hearing closed to the public and confined to the Board,
On motion of Supervisor Richter, seconded by Supervisor Lemke
and carried, the appeal was denied and those fees for location of the
mobile home are to be returned forthwith,wi.'tliE~ihta~est?: ~ ~-.AYE~S:L~S~pe~visor Lemke,
Madigan, Moseley and Richter, ABSTAINING: Chairman Winston.
78-1~54.i:EUBLIC HEARING: PAUL A. LUDO - APPEAL CONDITION REQUIRING 60-FOOT
ACCESS ON CERTIFICATE OF COMPLIANCE ON AP 71-22-16, PORTION OF LOT 2 AND
LOT 37. SOUTHWEST 1/4 OF SECTION 33. T20N, R6E. ENTERPRISE AREA
The public hearing on the Paul A. Lupo appeal of condition
requiring 60-foot access on certificate of compliance on AP 71-22-16,
portion of Lot 2 and Lot 37, southwest 1/4 of Section 33, T20N, R6E,
Enterprise Area was held at this time. John Mendonsa, Public Works,
stated that Mr. Lupo had been called out of town today and had an
agent to represent him. The agent was present this morning but would
not be available. He asked that the matter be continued.
The matter is continued..;to=.August 29, 1978 at 11:30 a.m.
Page 183. August 15, 1978
August i5, 1978
78-1555 AISCUSSiON:-BALLOT MEASURE FOR PG&E COAL FIRED PLANT - MOTION OF INTENT
It was moved by Supervisor Moseley, seconded by Supervisor Richter
that the Board of Supervisors direct Counsel to prepare a resolution
calling an election and consolidation with the November General Election
for the purpose of placing to the voters the following measure: "Advisory
vote only. Should a PG&E coal burning plant be located in Butte County?"
Vote on motion:
AYES: Supervisors Moseley and Richter
NOES: Supervisors Lemke, Madigan and Chairman Winston
Motisan fails.
On motion of Supervisor Richter, seconded by Supervisor Lemke
and carried, the Board goes on record as favoring placement of a ballot
issue asking the people of the County of Butte for an advisory vote as to
the location of the proposed PG&E coal fired plant once the hearing
process is completed and recommendations are made.
AYES: Supervisoxs Lemke, Moseley, Richter and Chairman Winston
ABSTAINING: Supervisor Madigan
Supervisor Madigan stated that he was abstaining as he would
not be on the Board after December of this year and would not want to
bind the new Board to anythinge
intr. Blake stated at the conclusions of the NOI hearings a
site will be determined. The committee is going to file suit to get
the measure on the ballot nowo
Mr. Hopper stated that it is very interesting that the Board
should defer voting from the November election to another election that
has not been specified. The people have asked that the measure be put
on the November balloto He asked that the Board go on record and give
the specific election.
On motion of Supervisor Richter, seconded by Supervisor Lemke
and carried, if the County is designated as the site or one of the sites
by the Energy Commission, the Board will order an election to be held with.
the wording presented on the petitions in the first election possible to
hold. AYES: Supervisors Lemke, Moseley, Richter and Chairman Winston
ABSTAINING: Supervisor Madigan.
78-_1556 APPEARANCE: IRV.CNG TYER, TYER°S DISPOSAL
Mr. Tyer spoke to the Board regarding the proposed ordinance
amendment regarding refuse liability insurance. As of September 9, 1978
the commercial collectors vehicles will not be allowed to drive to the
Neal Road dump site without a license.< The letter refers to 17 refuse
collectors. Nine of which are licensed. Of the remaining five who are
awaiting Sheriff Department clearance, three are pending insurance.
Mr. Tyer went to the Sheriff Department and had the paperwork filled
out, This paperwork was lost and he had to fill the papers out again.
He is concerned that the paperwork will not be done before September 9,1978.
It was moved by Supervisor Richter that no one be denied access
to the Neal Road dump site until such time as the Board directs.
Motion withdrawn.
The matter is to be continued to next week to get the informationo
78-1557 APPEARANCE: BEECHER GILBERT
Mr, Gilbert spoke to the Board regarding aerial spraying of
herbicides. It would appear according to the Agricultural Commissioner
that they have somewhat of a restraint put on their actions. Mr. Gilbert
asked the Board's help with the herbicide problem in the Honcut area.
One of the applicators was suspended for 20 days. The memo does not
say what 20 days. Page 18~+, August 15, 1978
August 15, 1978
78-1558 APPEARANCE: MARY GILBERT
Mrs. Gilbert presented a petition to the Board for abatement
of agricultural spraying. There is damage by herbicides in the Honcut
area.
A copy of this petition to be sent to the Agricultural Commissioner.
78-1559 APPEARANCE: ,TORN GARDENER
Mr, Gardener supplemented Mr. Gilbert's statements. He is
also having damage by MCPA herbicide in the Honcut area.
Chairman Winston asked if there could be a meeting of the
cereal grain farmers, the aerial applicators and the people who have
damage.
Clif Mickelson, admiristrative officer, stated that Mr.
Bandy is a state officer. He has powers the Board does not have.
He and the State of California have to make a decision.
78-1560 APPEARANCE: DAN HUTFLESS,
Mr. Hutfless stated that he had received an analysis last
Saturday showing that he had incurred damage this year from
MCPA on his crops.
.Chairman Winston to meet with the Administrative Officer
to get answers.
78-1561 APPEARANCE: GLEN HALSEY
Mr. Halsey stated that at the meeting that was held the veterans
groups were asked to compile information regarding budgetary cuts.
He presented some proposed cuts. He thanked Chairman Winston, Mr.
Mickelson and Mr. Lawrence for attending the meeting. The fifteen
day waiting period is up and the Board has said that the matter of the
memorial halls and the Veteran Service Officer would be a timed item.
78-1562 APPEARA1CE: HAP PENN VETERANS SERVICE OFFICER
Mr. Penn asked the Board nfor a time that the meeting could
be held to discuss the Veterans Service Officer and the memorial hallsa
The meeting is to be held on August l7, 1978 at 7:00 p.m.
Administrative Officer to notify interested parties.
78-1563 APPEARANCE: DALE STEVENS DURHAM
Mr. Stevens stated that he had also received MCPA damage.
Mr, Stevens has not notified the Agricultural Department about his damages.
Agricultural Commissioner to be advised of Mr. Stevens damage.
78-1564 DISCUSSION: RESULTS OF LAND USE QUESTIONNAIRE AND REZONING ACTIVITY
BY PARADISE MAC
Earl Baile eviewed what has happened as far as land used
A survey was complet d November 1977. This was a comprehensive land use
map. There was a joint meeting between the Planning Commission and MAC
on December 8, 1977. About 60% of Paradise. is zoned A-2 ltd or A-2,
The only way to correct the problems is to have the zoning changed.
On December 20, 1977 the Board authorized land use meetings in Paradise,
The Planning Commission has held no hearings on zoning in Paradise.
Notices by MAC were mailed out February 1, 1978. MAC has been holding
hearings in the different areas of Paradise. There has been good input
from these meetings. The results of the survey that was made in Paradise
was presented to the Board. Mr. Bailey asked that the Board let MAC
retain the funds they still have which is about $1,200 for a long term
community plane for Paradise,
Page 1850 August 15, 1978
August 15, 1978
ChairmanJWinston stated that^he would like to meet with Planning
and then hold a meeting with MAC.
Administrative Office to arrange the meeting.
Discussion of the questions in the survey held at this time.
Supervisor Richter stated that he would urge caution in any plans that
they be doua through the County process in order not to get into problems.
78-1565 DIRECT COUNSEL TO PREPARE RESOLUTION CALLING FOR AN ELECTION ANA
CONSOLIDATION WITH THE NO'VENffiER GENERAL ELECTION FOR THE PURPOSE OF
CONSTRUCTION OF FARM LABOR HOUSING IN GRIDLEY
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, Counsel was directed to prepare a resolution
calling for an election and consolidation with the November General
Election for the purpose of construction of farm labor housing in Gridleyo
78-1566 APPOINTMENTS CONTINUED TO AUGUST 22, 1978
,.. The following appointments were continued to August 22, 1978:
1. Appointment to the Butte County Council for Senior Citizens.
2. Appointments to the Housing and Community Development
Advisory Committees
3. Appointment to the Human Services Advisory Commissiono
78-1567 AUTHORIZE SENDING OF LETTER OF SUPPORT TO BUTTE-GLENN FOUNDATION
FOR MEDICAL CARE RE: GRANT APPLICATION FOR HMO
Clif Nickelson, administrative officer, set out the background
of the proposed grant application. This will be a two or three year
pilot program. The money will be made available by the federal government.
On motion of Supervisor Lemke, seconded by Supervisor Richter
and, unanimously carried, a letter was authorized to be sent to Butte-
Glenn Foundation for Medical Care in support of their grant application
for HMO.
78-1568 COMMUNICATIONS
Richard W. 3ones, Healdsburgo Mr. Jones writes requesting a 90 day continuance
on his appeal of a denied rezone which is set for hearing on
August 15 at 9:45 a.mo .The request was denied. Appeal was deniedo
William and Frances LeQuire, Paradise. Mr. and Mrs. LeQuire forward a
letter from their adjacent landowner John W. Hamby indicating
that he will not sue the county in the event his property is
damaged due to drainage water flow and thereby requests that
his $1,730 drainage deposit as a condition of a parcel map be
returned, AP 53-17-15, two lots,. off of Nelson Lane, ofd of
Kipler Road, Paradise. Referred to Public Works.
Minasian, Minasian, Minasian, Spruance & Baber, Oroville. On behalf of
the Lake Madrone Water District, the attorney requests that the
county deposit the second payment in the amount of $7,500 pursuant
to previous agreement with regard to the construction of spillway
facilities for the dam. Referred to Public Works and Counsel.
Paradise Municipal Advisory Council, The ,Paradise MAC presents results of
the land use questionnaire and rezoning activity authorized by
the Board of Supervisors, The matter was discussed in the meeting.
Page 186.
August I5, 1978
August 15, 1978
SuperintendentVof Schools. The Superintendent of Schools forwards its
resolution and order providing fox the consolidation of special
school districts governing board member and recall of governing
board members elections with the General Election to be held on
November 7, 1978. The matter was handled earlier in the meetingo
Paradise Recreation and Park District< The District forwards it resolution
~k78-8-1 requesting consolidation with the Novembex 7 election
for the purpose of electing three members to the District Board
of Directors. This matter was handled earlier in the meeting.
Butte County Housing Authority. L, G. Melton, executive director,
writes concerning the need for farm labor housing in the east
Gridley area and request that a measure be placed upon the
November 7, 1978 General Election ballot. The matter was handled
earlier in the meeting,
City of Biggs. The City writes opposing the elimination or reduction of
the Biggs-Butte County Fire Department, Library, Biggs Judicial
Court and Judicial District. Tne be considered at budget hearings.
City of Gridley. The City forwards its resolution ~~48 concerning the
Butte County budget for library operations in Gridley. To be
considered at budget hearings.
Gridley District Chamber of Commerce. The Chamber writes in support of
continuation of services for the Gridley Library. To be considered
at budget hearings.
Butte County Library. Letters of support for continued funding of the
Library have been received from L. Z. Ward, Sunny Acres Homes
for Children, Mrs. Belzora Fitzgerald and Joseph F. McGie. To
be considered at budget hearings,
Melody Dance Club. The Club writes concerning continued support for the
Paradise Memorial Ha11. To be considered at budget hearingso
Save Our Skiing, Redding. The Organization requests that the Board
provide a letter of support for a hearing to be conducted in
Redding on August 19 concerning the proposed Mt. Shasta wilderness.
See motion following communications.
City of Chico, The City writes requesting that the Board adopt a
resolution to support Amtrak passenger service through the
City. See motion following communications.
Butte County EOC Administering Board. The Administering Board writes
concerning the newly formulated Human Services Advisory
Commission. Information; no action taken.
Gerald N. DeRoco, Oroville. Mr, DeRoco writes concerning problems he is
encountering in the Ophir Road area south of Oroville. Referred
to Public Works.
Senator John A, Nejedly. Senator Nejedly writes requesting a letter of
support to Senate Bill 2246 which makes a $150 million supplemental
appropriation for special districts under the distribution mechanisms
set forth in SB 154, See motion following communications.
State Department of Social Services. Marion J. Woods, director, writes
concerning actions they will be taking oiler the coming months
to comply with legislative mandates. Mro Crisan has presented
a report to Board, Page 187.
August 15; 1978
August I5, 1978
USDA Forest Service (Plumas National Forest). The Department forwards its
Environmental Assessment Report for the proposed reconstruction
of the Orovill/Quincy Road. Information; no action taken,
Community Services Administration. The Department Crites concerning
eligibility and funding requirements for Butte County Community
Action Program for the period beginning January 1, 1979.
Tnformation; no action taken.
Mrs. Helen A. Barley, Reno, Nevada. Mrs. Barkley writes requesting a
continuance to August 22, 1978 of her appeal of conditions
on tentative parcel map which is set for hearing August 15,
1978 at 11:30 a.m. The matter was continued to August 22, 1978.
Employment Developv~ent Department. The Department recommends that Mr.
Rod 5andretto be appointed as the EDD representative to CETAC.
See motion following communications.
]E1 Medio Fire District. The Districts sends notification that Joe Farmer
has resigned from the district effective July 13, 1978.
Administrative Officer to post vacancy.
78-1569 REAFFIRM PREVIOUS ACTIONS RE: SUPPORT OF DOWNHILL SKIING ON MT.
SHASTA
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, the Board reaffirmed their previous actions in
support of downhill skiing on Mt. Shasta.
78-1570 ADOPT RESOLUTION 78-141 SUPPORT CITY OF CHiCO'S EFFORTS TO OBTAIN
AMTRAK PASSENGER SERVICE THROUGH THE CITY OF CHICO
It was moved by Supervisor Lemke that a resolution of support
for the City of Chico's efforts to obtain amtrak passenger service through
the City of Chico be adopted.
Motion dies for lack of second.
Discussion o£ request held at this time. Chairman Winston
stated that the City of Chico is trying to get the station in Chico
instead of in Orland.
On motion of Supervisor Lemke, seconded by Supervisor Richter
and unanimously carried, Resolption 78-141 supporting City of 6hico's
efforts to obtain Amtrak passenger service through the City of Chico
instead of Orland was adopted and the Chairman authorized to sign.
78-1571 AUTHORIZE LETTER OF SUPPORT BE SENT TO SENATOR JOHN A. NEJEDLY RE:
SENATE BILL 2246 WHICH MAKES A $150 MILLION SUPPLEMENTAL APPROPRIATION
FOR SPECIAL DISTRICTS UNDER THE DISTRIBUTION MECHANISMS SET FORTH IN
SB 154
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, a letter of support was authorized to be sent
to Senator John A, Nejedly regarding Senate Bi11 2246 which makes a
$I5D million supplemental appropriation for special districts under the
distribution mechanisms set forth in SB 154.
78-1572 APPOINTMENT TO CETAC - EDD REPRESENTATIVE
On motion of Supervisor Lemke, seconded by Supervisor Richter
and unanimously carried, Rod Sandretto was appointed as the EDD representative
on CETAC,
Page 188.
.August 15, 1978
August 15, 1978
78-1573^RESCIND~ACTION OF MINUTE ORDER 78-1519 .AUTHORIZING $1,000 FOR CHAIRMAN
WINSTON TO MAKE INVESTIGATION RE: MERIDL9N MUNJt1R AREA
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and carried, the action of Minute Order 78-1519 authorizing $1,000 for
Chairman Winston to. make investigation regarding Meridian-Munjar area.
AYES: Supervisors Lemke, Madigan, Moseley and Chairman Winston
NOES: Supervisor Richter
78W157~+ ADDITIONAL MATTERS PRESENTED BY SUPERVISORS
Supervisor Madigan stated that there will be a meeting on
August 21, 1978 at 9:30 a.m. with Ronald Roble, Department of Water
Resources director, regarding selling of water entitlements outside of
the county. Supervisor Madigan will attend the meeting.
78-1575 MOTIO$oRE:rr,UIVSECTIREDnTAX BILLS FAILS
Chairman Winston stated that the Board had received a letter
from County Counsel relative t4 the unsecured tax bills. He suggested
that a notice go out with the bills that would provide that at billing
time the law is uncertain and the County will accept partial payment
if received with 15 days. The notice would go on to say if the $~::.tax
rate is applicable then there would be a refund and if f' the 77-78 rate
is applicable the amount would be due.
It was moved by Supervisor Richter, seconded by Supervisor Madigan
that the postage of the Tax Collector-Treasurer budget should be cut in the
amount it would take to send out the 1978-79 unsecured bills; no bills to
be sent out until a decision has been reached; The Data Processing Director
be instructed not to print the bills.
Vote on motion:
AYES: Supervisors Madigan and Richter
NOES: Supervisors Lemke, Moseley and Chairman Winston
Motion fails.
78-1576 ADDITIONAL MATTERS PRESENTED BY BOARD_MEMBERS
The Board will meet on September 5, 1978.
Chairman Winston stated that the Board had received a memo
from Bill Turpin, administrative analyst, relative to probation fees.
Chairman Winston stated that the Board had received a memo
from Bob Crisan, welfare director, relative to Welfare emergency policy.
Administrative Officer to draft letter to Congressman Johnson
and Senators objecting to the harassment and also to forward a copy
to the operational organization of Butte County Legal Services.
Administrative Officer to send a letter o£ concern relative
to AB 817 Keene about burial sites.
Chairman Winston stated that he had received an inquiry about
Northern California Health Systems Agency wanting recommendations for
a consumer represefrtative.
There will be a Commission on Aging meeting in Redding on
September 6, 1978. Supervisor Madigan to check to see if he will be
able to attend.
Page 189.
August l5, 1978
August 15, 1978
78-1577~POLICY: NO ONE TO BE DENIED ACCESS TO NEAI, ROAD DOMP SITE
C1if Mickelson, administrative officer, stated that he has
checked the contract for the Neal Road dump site and there is no authority
for the operator to prohibit anyone from dumping with the exception of
poison pans.
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, no one is to be denied access to the Neal Road
dump because of not having proper licenses or until the Board tells the
enforcing agency one way or the other.
RECESS: The Board recessed at 4:10 p.m. to reconvene on Thursday,
August 17, 1978 at 7:00 p.m. for budget hearings.
Page 190.
August 15, 1978