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HomeMy WebLinkAboutM091775~ ~' =~,_______~_~re_~Pt~sb~e~l7, 197=______________C B-017 County Service Area No. 25. This transfers $50,000 from appropriation for contingencies with $40,000 going to engineering services and $10,000 to administration within the County Service Area No. 26 budget. These budget adjustments are made upon the request of the Thermalito Irrigation District as per letter dated August 21, 1975. B-018 Supplemental Manpower Programs - CETA Title II. This sets up $27,665.12 in the 'salary and salary overhead accounts within Che county CETA II budget. This is the amount which was reverted on B-013 listed above. B-020 Health Services - Education. $1,000 ie transferred from salaries and wages regular to extra help within the Education budget and is to cover for an extra help person hired to work during the noncompensated leave of absence of a regular employee. B-021 Board of Supervisors. $216.14 is transferred from office expense to equipment maintenance within the Board's budget and is to cover excess of coat of redoing the sound system in the Board roam over amount budgeted for equipment maintenance, B-022 Public Health - Ceneral Services and Child Health aid Disability. $400 is transferred from the Child Health and Disability Program to general services - special departmental expense. This amount is requested to cover sending an additional public health nurse Co a training program to learn physical assessment skills to be used fn the Child Health and Disability Screening Program. 8-024 Health Serv~cea A enc -Mental Health Community gervices. This sets up appropriations in the Mental Health budget for Board Minute Order No. 75-1405 dated August 19, 1975. Total appropriation $32,800 with $17,500 coming from unanticipated revenue - Medi-Cal, $13,770 from unanticipated revenue - Short Doyle, and $1,530 from the reserve for contingencies. The appropriations are to cover after care medical services $18,500, transportation and travel of the advisory board $800, and Che balance in salary and salary overhead accounts. B-025 Central Communications - Re¢ianal Communications Praxram. This establishes+the budget far the Regional Communications Program per County Resolution No. 75-56 adopted on April 1, 1975 and approved by OCJP on September 2, 1975. Cost sharing tatios are federal 90~, stake 57 and local 57. Total budget set up is $42,016 with $37,814 from unanticipated revenue - Federal other, $2,101 from unanticipated revenue - state other, $594 from local agencies aid - other, and $607 from tt~e reserve for contingencies. B_-026 Sheriff - Enforcement. This sets'up $3,500 in the extra help account in the Sheriff's Enforcement budget to cover security services provided by the Sheriff at the Golden Feather Fair. This amount comes from unanticipated revenue - charges for current services in alike amount. B_-027 Memorial Halls. This transfers $6,916.50 from the reserve for contingencies to major maintenance account in the Memorial Halls budget. Deficiency occured because amounts intended to cover the roofing project in prior year budget were cleared in year-end transfers and used to cover other items sa that the amount needed to complete the $erma-Tate Roofing Company contract for roofing memorial halls must come from the reserve. Page 212. September 17, 1975 75-1574 ApOPT ORDINANCE IbI2, INCREASING INTERIM "A-2 LTD." DISTRICT,4 5ET OU7 IN ORDINANCE 1646, OROVILLE Dan Blackstock, County Counsel, reported on the interim zoned district on the Feather River Blvd., Oroville. He said that Planning Department was going to have some maps ready so the Board could review them~and possibly include additional land in the zoned area. The area zoned set out. The area wouid be ro the river west of Oroville and to the City of Oroville city limits. Bettye Blair, Planning Department, stated that in the Generd Plan the A-2 District is all west of Oro Dam Blvd and goes south to Pacific Heights Read. it was suggested that the entire A-2 area be included into the A-2 Ltd. district. Mrs. Blair set out the area to be zoned. This would be to the Georgia -Pacific Road to the south; then in a line west to the Feather River, then following the river north to the City limits. The area would be west of 5th Ave. and north of Oro. Dam Blvd. at this time. On motion of Supervisor McKi[fop, seconded by Supervisor Madigan and unanimously carried, Ordinance No. 1612 ~ inCrebsing the area to be interim zoned as A-2 Ltd., for the ores indicated by Bettye~Blair, Planning Department, was adopted, to be included in the 128 day period set out in Ordinance No. 1606, and excluding all areas other than the A-2 zoned, and the Chairman was authorized to sign. 75-1575 DISCUSSION: REQUEST BY CHICO STATE UNIVERSITY TO PURCHASE COUNTY PHOTOS C airman L roug t up t o matter o t e request o C ico University to have 'the County purchase the photos through Carhyright and then sell them to the University:at County cost. Jim Johanson set out' how this could be handled. It was suggested that it wuld be worked in conjunction with the addressing study. County Counsei was requested to report on this matter. Mr. $lackstock stated he would prepare a report and send it to the Board members. 75-1576 REPORT: ATTORNEY GENERALS OPINION REGARDING HOLDING BOARD MEETINGS IN CHICO Dan ac toc ,County Counsel, said he had contacted the Attorney General's Office and talked to the government law section with regards to holding the Board meetings outside the County seat. He teamed nothing that would change his comments about holding the meetings in Chico. He will have a complete opinion shortly. In short, they concur that the meetings have to be held in Oroviile. 75-15TT EMPLOYEES GIVEN TIME OFF TO WATCH BI-CENTENNIAL PARADE FRIDAY Supervisor r op reported t of t Bi-Centennia Parade wou e Friday and the Board members need to meet at 1:0D p.m. at the Oroville Chamber of Commerce office. He suggested that the employees be given time off to observe the parade. On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, County employees were given from f2t00 to 3:00 p.m. to observe the Bi-Centennial Parole, with the understanding that some of the staff vrould remain in the offices to keep the offices open. 75-1578 MATTERS BROUGHT UP BY SUPERVISOR MADIGAN Supervisor Ma igan sai a di not see t memo for August regarding the meeting between the District Attorney and County Counsel. Mr. Blackstock said he would submit an additional report for the last meeting. Supervisor Madigan said he would still like to know what has happened to the X100.00 in the Clerk's Office„ •:Courif'y Clark will report next Tuesday on the matter. page 213, September 17, 1875 r.: I1 ~ ______ ___-~ =4_===5e~temberJ7,~.197~===C== ---_--____ 75-1579 Pi16LIC HEARING: The public hearing on the appeal of Subdivision Committee's decision regarding division of property in the Feather Ridge Estates area, ofF Fbnderosa, was held at this time. Supervisor Richter stated he had gone out and looked at the area. Dan Blackstock, County Counsel, requested shat Brian Rix, deputy county counsel, present the plat maps as exhibits. Mr. Rix presented maps entitled r"Feather Ridge Estates Tree ". Maps received as Exhibits No. I , No. 2, No. 3, No. 4, No. 5 and No. 6. He states that on Exhibits No. 4 and 5, the parcels outlined in yellow are excluded from the notices of violation. Mr. Rix read the findings of fact to the Board. One hundred parcels had been created during a period of three months. Notices of violations were prepared. Mr. Rix stated that he had contacted the pepartment of Real Estate and they informed him that no Desist and Resist notices have been filed. It will~tak a them several months to complete their investigation. One Hundred six parcels were created from Decembe 14, 1971 through March 2, 1972. /' Procedure for handling this hearing set out by Mr. Rix. They will take a single transaction to each of the four areas involved. Transactions set out. Mr. Rix stated that he has for fhe Boards consideration Articles of Incorporation far Feather Ridge Estates, signed by Vernon P. Higgins, B. B. Higgins and Duncan Benas, as Directors; Articles of Incorporation for Bruner, Chdmas Associates, Inc. signed by Warold Bruner, Geo. M. Chames and John C. Schroder as Directors; Articles of Incorporation for Profit Motivated Associates, Inc. signed by Geo. Chames, Donald Mann and John Collins Truitt, as Directors; and Articles of Incoporation for Feather Ride Estates Water Association signed by the Directors. Said documents were offered and received into evidence as Exhibits No. 7, No. 8, No. 9 and No. 10, respectively. Mr. Rix presented and explained the deeds of trust and flow sheets regarding property owned in the name of Don Mann and Tina Sedor. Deeds of reconveyance clearing title and other documents set out and explained. Copies of the Deeds of Trust and the attached flow sheets were introduced Into evidence and received as Exhibit No. II, a group package with documents marked as Exhibit lla through Ilp. Transfer of title regarding Claudine Tubbs to Williams presented and explained by Mr. Rix. Flow of title with the attached deeds and reconveyances and assign•iments discussed. Documents received into evidence as Exhibit No. 12, with attached deeds , as a group package. The next documents sat out the flow~of title to parcels that ultimately end up in the name of Robert Scott. Flow of title in these documents set out and discussed. Financing agreements ultimately wind up with a partial deed of reconveyance to Feather Ridge Estates and then to Gary Fry. Exhibit No. 13, with attached deeds, accepted as a group exhibit. Final area on Exhibit 4 held by Feathert~ver Estates set out. The Grant Deed was from Feather Ridge Estates, Inc. to John S. Reynolds. The Deed of Trust was finally assigned to Oroville Title Company. Documents received as Exhibit No. 14, with deeds attached os a group package. Page 214 September 17, 1975 ________ ___ ___ __~~~-p1~~~E~~~,~~-___________ Mr. Rix presented a brochure entitled Weekend Outdoor Map, Lake Oroville Recreational Area, setting out an advertisement for the Feather Ridge Estates. The brochure shows the property was being handled t-y I-liggins 8, Sons Realty Company. Brochure entered into evidence as Exhibit No. 15. Deposit Receipt from Don Mann to Standley for approximately 3.76 acres, Bloomer Mt. Parcel ~A-! was entered into evidence as Exhibit iVo. 16. Preliminary Report from Mid Valley Title $, Escrow Company prepared for Don Mann for conveyance of property to T. L. Bell. Title Report entered into evidence as Exhibit No. 17. Mr. IZ•ix entered Deeds concerning transactions of property involved in this hearing. Deeds entered as Exhibits No. 18 through No. 285 and a list of said deeds attached to these minutes and entitled Exhibit "A". RECESS: 10:30 RECONVENEDr 10:45 Chairman Ladd opened the hearing to the public. Appearing: I. Darrell Stevens, attorney at law, representing Mrs. Billie Fielding. He stated that Mr. and Mrs. Fielding are the owners of a parcel of land sat out on Exhibit No. 2. They still own this property, wnsisting of a 5 acre and a 10 acre parcel, which they have canbined into one holding. They plan to build on the property when they can. They are not involved in anything else regarding this property exchange. They also have purchased another 5 acre parcel and that parcel has been excepted from the notices of violation as it was divided by a parcel map. !t is the Fieldings position that there is nothing showing that their property is part of any illegal division. Mr. Stevens requested that the Fieldings parcels be excepted from this hearing. Request discussed. Supervisor McKillop stated that the Fieldings purchased their p~grce7s in 1971. Fle felt that if there were violations, they were created after the Fie[dings purchased the property. Their deed was recorded on December 2, 1971. Mr. Stevens said there are na violations shown; he does not feel that there is any tie-in with the other violations. The Fieldings parcel was the first parcel recorded; Mr. Rix stated that this parcel was the first in a chain of transactions. Request discussed; no action taken at #his time. 2. Stan Sedor, attorney at law, representing Ann Williams, George E. & Thelma Dolby, Anthony 8. Patricia Dolby and John Carter, set out the areas of the parcels owned by his clients. Mr. Sedor read some of the ruling Taws governing these matters. It was his feeling that the Board has to determine who is going t+o hold the •bag: if a violation is found. He set out the Attorney Generals opinion dated 1972. They qre referring M the definition of a subdivider; the County has to find out first who is liable to be punished. i'brtions of the opinion read by Mr. Sedor. Mr. Sedor said he wanted to inform the Board of the ground rules. Government Code Section 11535 goes into 2~ pages of what constitutes a violation. Supervisor McKillop said that for the sake of time, Mr. Sedor should give this Page 215. September 17, 1975 ~.,y, ~"; ------------=====Se-{~3'aml1ec17~14Z5=====__==-=-W---- evidence to Mrs. Blair. Cvidence presented to Mrs. Blair far study. Mr. Sedor said he also represented Mr. Luper. Dan Blackstock stated that in the ruling of the Geyser case, the purchaser could not be issued a building permit if he was not a part of the violation. He explained the matter of the ruling. This refers is the Geyser vs. Adams case. Darrell Stevens stated that the County has to find that in addition to it being illegally subdivided, that the occupancy and use would be contrary to the safety of the people. 3. Rol h Vin ord. Mr. Vinyard stated that since this investigation was started, a as a two luny charges filed against him. He has flied a violation agairut Don Mann; he has also written a letter to Higgins Estate. One of his Title policy shows that he has an incumbrance of $Ifi,lH10 against the property; this does not show on the title insurance policy. He took his title insurance policy to Mr. Auckland at the state level and he told him that the policy was not worth the paper it was written on. Mr. Vinyard feels that his constitutional rights have been violated. He purchased his property in June, 1974. The property was purchased through Holland Realtor; the owner was Gordon Schrnaus. Payments are made through United California Bank to Mr. Schmaus. Mr. Vinyard stated he has moved off the property due to being harassed 6y various ipeople. They have run his common-law wife off. 4. Mr. Lee Pointer. He asked if the County was going to file violations against the innocent purchasers. These people are tired of these hearings. It was his feeling that his title was clear to his property; he has been issued building permits. Background of his purchase set out. Mr. Blackstock explained what the County was trying to find out. Mrs. Blair stated that the Subdivision Committee felt that they had sufficient evidence to file notices of violation. 5. Mr. Robert Lenhard, attorney at law, representing the Bloomer Mt. property owmers Association. They do not feel that the proceedings followed by the Subdivision Committee were proper. He said he did not know if this property was improperly divided. He said_#hot hopefully he represents noone but bonafide purchasers. Mr. Blackstock stated that the first decision to be made is whether the property was divided in violatiom of the County's ordinance. If a determination is made that the property was divided in• violation of the map act, then would be wnsidering whether permits should be issued. Before the County can stop the development of a bonafide purchaser, must firi-~I that the land is a result of an inproper division and that the continued development would be contrary to the health and safety of the people. Findings of the Subdivision Committee read at this time. No one says in the findings that the parcels were created illegally. Mr. Blackstock felt that the findings have to be sent back to the Subdivision Committee For further determination. Mr. I~x stated that the minutes of the Subdivision Committee are not clear. Mr. R'ix stated that Mr. Flannery found that the owners of the property were in violation Page 216. September 17, 1975 (", ~ of the subdivision map act. The statement was made by Mr. Flannery. The statement would be sat out on the tape of the meeting. Mr. Stevens stated that there was a court reporter present at the meeting but that the tapehas not been transcribed yet. Mr. Blackstock stated that the Board is faced with a decision as to whether the parcels were developed in violation of the map act, tie asked if there were any building permits being held at this time. Mrs. Blair said she knew of one that was being held up. Mr. Blackstock explained how the Committee had arrived at their decision. 6, Mrs, Elsa Standley, Long Beach. Mrs. Standley presented a parcel map showing their parcel of land for the Board to examine. The property was purchased through an add in a paper. The purchase money was given to Mr. Don Mann. The records show that the title was deeded from T. L. Bell to them. Mts. Standley explained the sums of money that has been spent on permits and improvements for the property. They would like to hook up to electricity but public Works has stopped them from doing this. They would like to stay in the travel trailer that they have placed on the property but cannot do so until they have electricity, The access road to their property goes off of Ponderosa Way. Mr. Blackstock made a copy of the check that the Standleys had made out to Don Mann; the check was endorsed by Tina Sedor. Mr. Blackstock felt that under the circumstances, the Board should authorize the issuing of a permit to hook up to electricity, because of health and safety. It would be a policy decision. He did not feel the Board had the right to deny the permit while reviewing all the other facts. On motion of Supervisor MclCillop, seconded by Supervisor Cameron and carried, the Board authorized the issuance of building permits to Mrs. Standley. AYES: Supervisors Cameron, Madigan, McKillop and Chairman Ladd NOES: Supervisor Richter RECESS: 12:05 RECONVENED: 1:30 Hearing continued at4his time. Appearing: 7. Mr. Gorclon Schmaus. Mr, Schmaus stated ha was present as an interested spectator; he would like to set the record straight. He purchased his property from Don Mann. He did not know the connection between Gary Fry and Don Mann. He owned the property for two years and then lisfed it with Holland's Realty. Hollands sold the property for him to Mr. Vinyard, A clear title policy was issued after he cleared the encumbrance on the property. Hfs checks were made out to Don Mann. The State Real Estat a Commission has contacted him. Through his attorney, he has made a sworn statement of all the particulars of this case. He said he had a septic tank, power and water on the property. Mr. Blackstock asked Mr. Schmaus if he had divided his property, Mr. Schmaus said he had purchased 2~ acres and sold it intact. He had copies of everything he has turned over to the State Real Estate Commission. Copies of all his documents were authorized to be made by Mr. Schmaus. He stated that Mr, Mann does not have a real estate license. '. Title documents relating to Mr. Schmaus property received into evidence as Fachibit No, 286, page 217. September 17, 1975 ~. ~ ___`-`_______= Se~tember17t1975 T__==W_________ ____ 8. Orion L. Osgood, Haywa rd, California. He purchased his property as a result of an add in the paper. A man flew him to Oroville to view the property. He was introduced to Don Mann; a down payment of $500 was given to Mr. Mann. The rest of the purchase price went into escrow. A clear title to the property was given to him. If was stated to him that he had a clear access to his property; a 4' fo 5' ditch has been dug across his access road. He has been unable to contact Mr. Mann. Exhibit No. 287 was received into evidence, consisting of a check signed by Sue B. Osgood in t e amount of $500, payable to Don Mann. Exhibit Na. 288, a copy of a check in the amount of $5,893.50 payable to Orovi~Tit a C~ ompany was received into evidence. Exhibit No. 289, deposit receipt from .bhn (Jack) C. Truitt, Broker, received into ev-`i ecF nce. 9. Robert Scott. Mr. Scott feels that he is an innocent purchaser. He has a clear tine fn the property. All permits have been issued to him. Another permit has now been requested to place a larger mobile home on the property. He has filed a letter of appeal to the Subdivision Committee's decision. The property was purchased from Don Mann; his check was made out to the real estate company. 10. Harold Tilley. He had all the documents involved in the purchase of this properly. The title to the property appears to be clear; it sets out all the easements end boundaries. A $800 deposit receipt was filed for exhibit. His payments go to Higgins & Sore Realty, payable to Feather Ridge Estates, Inc. He said he understood that the Board was trying to determine if this was an illegal subdivision, and if it is, then they are going to send out letters of non-compliance. He wanted to know who the guilty person would be; he felt he was an innocent purchaser. Exhibit No. 290, consisting of copies of his installment Retard Book, deposit receipt and excrow statement from Oroville Title Company* was received into evidence. Supervisor Madigan said that in checking the matter of the access road, Public 4Wrks has stated that Ponderosa Road is a forest service road; Supervisor Madigan said this could be closed by the Forest Service Department. Public VWrks has issued building permits on this road. Chairnan Ladd did not feel this would qualify as a forest service road. It runs through many counties. It is not a forest service road as so defined. The Forest Service does not have the authority to close this road. 11. Mrs. Barbara J. Weintz, speaking for herself and her husband, Walter W. Weintz. She stated that the property was purchased from ,lohn Reynolds. They were watching for problems when they first purchased the property. They checked with Planning Department and they could not find the corresponding map but they believed that everything was all right. It was the Weintz' feeling that Planning Department was remiss; they believe they should have been told that something was wrong. This property was purehased by them in 1973; they received the notice of violation about two and one-half months ago. They bought this property through on add they saw in a paper. They put $2,000 down and have been making payments on it. She had her payment records with her. Documents relating to the purchnse by the Weintz were received into evidence as Exhibit No. 291, consisting of the address of bhn S. Reynolds, set out on Transamerica Tit a nsurance Company note paper, cover letter from Mid Valley Title and Escrow Co. with policy of title insurance attached, escrow instructions, preliminary title insurance report with parcel map attached and deposit receipt. Page 218. September i7, 1975 r r^~ 12. Mrs. Margaet Heldt. She stated she owned property up an Bloomer Mt. Her legal documents were received into evidence as Exhibit No. 292. Her exhibit consisted of the deposit receipt, with a copy of herdeposrt c ecc n the amount of $200.; a copy of the parcel;rrmap with her parcel circled; a letter from Oroville Title Company dated hbvember 29, 1973; Buyers instructions; copy of the escrow statement; and a copy of the Joint Tenancy Grant Deed from Larry L. Lacey and Carolyn Lacey, husband and wife, to Wayne tieldt and Margaret Heldt, his wife. A copy of a letter from Wayne Heldt to Planning Commission; letter from Planning Commission signed by Bettye Blair. A copy of the sewage disposal permit; a receipt for fees for the utility permits applying for mobile home. A copy of the certified drinking water analysis and a copy of a letter from Dave A. Vasco, Assessor of Butte County, dated April 10, 1974. 13. George Maccarra. Fle purchased his property on September 5, 1974 from James Hayes and Vaughan R. Hayes. He has applied for permits and the building department has okayed his plans. The department told him that all they are waiting for is a release from this Board. He presented copies of his documents relating to this transaction. Grant Deed from Warren L. Evans and Willa Evans, hts wife to James Hayes and Vaughan R. Hayes, his wife as Joint Tenants and an Agreement or Option on sale of property dated September'5, 1974, received into evidence as Exhibit No. 293. Mr. Maccarra explained the background of the purchase of this property. His payments on the property are paid to James Hayes. Supervisor Cameron felt this man should be given relief and granted his permits. He wank to build a home and work up here. On motion of SupervisorMctCllop, seconded by Supervisor Cameron and carried, issuance of permits were authorized so Mr. Macearra can build as planned, and Building Department was authorized to release the necessary permits. 14. Mrs. Sadie Lavine of Pacific Grove. They purchased their property over n year ago, their payments are made to Neal Douglas. She went on record as stating that she did not think it was fair to have Phis notice of violation placed on her property. t5. Mr. Arthur Lacey; he lives on Bloomer Hill. He has obtained permits and all his utilities are tn. The Countyy sanitarian made a test an their property and they were satisfied. All the utilities are in. He could not see where he has done anything wrong, and Felt he should not be involved in this investigation. His property•was purchased from John Reynolds. His title policy shows him owning the property free and clear. He went on record as stating that he has not violated any County law. I6. Mrs. Judy Tomanie. She owns property up on Bloomer Mt. Payments are made to Feather Ridge Estates through Higgins Realty. A portion of their payment is paid by them to Tom Clark, who sold the property to them. She did not have any of her financing papers with her. 17. Mr. Billy J. Fblcraft. He purchased his properly from Don Mann. He was roll that the septic tank and the P.G.&E. utilities would 6e ready at the close of escrow, They closed escrow in August, 1975 and there is nothing on the property. T'he permits were frozen. Planning Deportment told him that if he moved onto the property he would be cited. He went to Don Mann's office today and picked up a letter. His payments are paid ro Lu Ello Rhoads in Biggs. He entered copies of a installment note-irSterest included in the amount of $6,500; another installmenF note in the amount of $9,500 and escrow statement as Exhibit No. 294. Page 219. September 17, 1975 ~ r, ________________Se~ember1711975 =__-_-----______ -- =__ Mr. Holcraft was told he could move into the mobile home on the property at the rime he purchased the property. Mr. Holcraft stated that Mr. Mann is still selling property. He has an office on Feather River Blvd. Mr. Blackstock recommended that a Subpoena be issued against Don Mann. Mr. Blackstock will prepare a subpoena and have it served on Mr. Mann. If Mr. Mann honors the subpoena, he could be heard today. it was moved by Supervisor Madigan, seconded by Supervisor Cameron and unanimously carried that County Counsel prepare a subpoena to be served on Don Mann today, requesting that ha appear and testify. Mr. Vinyard showed a colored photo of an add setting out fihe sale of a mobile home site that Mr. Mann has at his rea! estate office. The picture was entered as Exhibit No. 295. Darrell Stevens asked why the Fielding property should be included in this invesfigation. He presented documents that he felt should become a part of fhe record. He read a letter that refers fo the tie in between Don Mann and Feather Ridge Estates. He asked if the Board had a list of the officers for the Feather t~dge Estates. Mr. Stevens entered fhe documents referring ho the fielding transactions. Marked as Darrell Stevens Exhibit No. I. Mr. Stevens explained the matter of permits; the Fieldings have a well in; fhe utility has been pvt in. They have not made formal application for the building permit. It was moved by Supervisor McKillop, and seconded by Supervisor Cameron that building permits be issued for the Fieldings so as not to hold up their building during the Board's consideration of this appeal. Motion discussed. On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the above motion was tabled a t this time. Mr. Vinyard presented a receipt from Graves & Geddis, signed by John Gustofferson an employee of Graves, for the setting of one comer stake. Receipt entered as Exhibit No. 29b. Bettye Blairsaid she now has the tape and the motion concerning the decision of•the Subdivision Committee was as stated in the minutes; there was also a finding made 6y the ~trbdivision Committee. This is the tape of fhe hearing where the Subdivision Committee found these property owners in violation. RECESS: 3:00 RECD NVE NED: 3:15 Continuation of hearing. Mr. Blackstock pointed out in the Board that initially the entire parcel under question was awned by Higgins. Trey than sold to Feather Ridge Estates. ~•Mr. Blackstock set out the family tree of the sales of These parcels of land. September 17, 1975 Page 220. ~. ~' ________ ________~temEze~lIcL2Z5=====________~~~___ Mr. Rix gave his summation concerning the transactions involved. Sales of the parcels set out. Tree setting out the wnveyances discussed. He explained the four principle areas again. He showed how the other parcels were split and other parcels created. Mr. Rix showed one additional documents; this sets out the areas of the parcels involved. Documents entered into evidence and marked as Exhibit PIo.297. He explained the position arrived at that there appeared to be a vilation. Attorney Generals opinion on financing documents explained. It was felt that these documents could be used to evade the subdivision map act. In this land transaction, there are property owners that are making payments to Feather Ridge Estates. There were no institutional lenders involved In these transactions. It was felt that the Feather Midge Estates inc . had violated the Subdivision Act by the creation of more than four parcels. Mr. Blackstock set out the parcels that had been created. Tabled motion discussed. Mrs. Blair said there was nothing of record showing that the Fieldings hove made an application for building permits. Mrs. Fielding stated they were waiting for their plans before applying for the permits. Hbtion discussed. AI Siebering, San Jose, stated he owns two parcels in the S/E section of this property involved. He questioned the Board about the property in violation, Mr. Blackstock reported that they had been unable ro serve Dan Mann w•s'th the subpoena. Action to be taken at this time discussed. Supervisor McKillop stated that if the information is correct as illustrated by the Board, then there has been a violation. Matter aF violations discussed. Supervisor Cameron requested fhat Mrs. Blair correct the minutes of the Subdivision Committee. Mrs. Blair said she would have the minutes corrected. Mr. Blackstock stated that the notices of violation render the property unmerchantible until this matter is resolved. Subdivision standards discussed. Supervisor MclCillop said the property owners could agree, by signing a road maintenance agreement, that they will maintain the roads. Mr. Stevens asked if the agreement could be entered into by the property owners, Road agreements discussed. Motion for Fieldings building permits withdrawn at this time. on the basis that they can apply For the building permits at the time their plans are ready. On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, the hearing was closed to the public at this time. Time spent discussing further action to be taken. It was moved by Supervisor Madigan, seoonded by Supervisor Richter and tmanimously carried that it is the intent of the BodrcJ ro sustain the decision of the Subdivision Committee and that County Counsel prepare the proposed findings of violation regarding the divisions of the property involved, and that any legitimate buyer that wants to develop their propert~ 6e issued building permits, subject to the conditions that are necessary, one of ~-whic-h~wi'il~.bethe signing of the road maintenance agreement. Page 221. September 17, 1975 r. ~ R Motion discussed. Mr. Blackstock was requested to prepare wording for said mot'son. 75-1580 ANNOUNCEMENT Dan B ac stoc ,County Counsel, announced the County`s share of the judgment regarding the asphalt case. The check has been sent down to the Audieor. 75-1581 MOTION OF ASSURANCE TO PEOPLE COMPLETING QUESTIONAIRES REGARDING EARTHQUAKE DAMAGE C airman L state tat people have been asking questions about the questionaire that has been sent out regarding damages caused by the earthquake. They want assurance that if they filE.out the questionaire it will not be used to make them make other repairs. On motion of Supervisor McKillop, seconded by $upervisorMadigan and unanimously~• carcied, the 9oard gave assurance to the local property owners that the questionaires will not be used for ony other purpose than to secure the over all estimate of earthquake damages that were incurced due to the recent earthquakes. ADJOURNMENT: ere emg nothing further before the Board at this time, the meeting was adjourned at 4:40 p.m. to reconvene on Tuesday, September 23, 1975 at 9:00 a.m. ATTEST: CtARK A. NELSON, COUNTY CLERK avunan o t e a By: ar o Su ors er Page 222. September 17, 1975