HomeMy WebLinkAboutM100279October 2, 1979
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STATE OF CALIFORNIA )
SS.
BOUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke.
Clif Nickelson, administrative officer; Dan Blackstock, 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 American
Invocation by Supervisor Moseley
APPROVAL OF MINUTES
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the minutes of September 24 and September 25, 1479
were approved as mailed.
AUTHORIZE DIRECTOR TO EXECUTE AGREEMENT WITH BUTTE COLLEGE FOR CLERICAL
TRAINING FOR CETA PARTICIPANTS
Jim Rackerby, personnel director, set out the background of the
contract at this time.. This is one of a series of grants prepared to
meet the requirements of the regulations that provides for directing 10%
of PSE income towards classroom training. This provides twelve weeks of
intensive clerical training starting at six week intervals. They will
have 48 persons in training continually. The personnel will be taken from
their job sites for that training period of time and then will be returned
to the job sites. This takes the burden from the agency for training of
the personnel. If the people are not able to be trained for clerical work,
they will be trained in some other field. Tf their motidation is such,
they will be terminated from the program. The requirement is that the
person attends class as they do work. There are several different types
of programs. The program has been excellent for building inspectors.
Chairman Lemke stated that one of the things with this program
that helps greatly is the cost of operating the program with the slots
coming in at entry level and there has been a burden on the agency to
train the person to bring them up to the standards. This program is
designed to help eliminate the agency cost in training personnel.
Mr. Rackerby stated that this would eliminate the cost of
training for the agency as well as having the agency realize that CETA
is different. They will be trained personnel. These will not be long
term positions.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, the contract with Butte Community College to
provide clerical training for 200 CETA participants over the next twelve
months at a cost of approximately $206,276 was approved and the Director
authorized to execute the agreement with Butte College for clerical training.
CONCUR WITH SUPERIOR COURT `5 ACTION APPROVING MERIT INCREASE FOR CHIEF
On motion of Supervisor Moseley, seconded by Supervisor -olan
and unanimously carried, the Superior Court's action approving a merit
increase for the Chief Probation Officer was concurred with_by the Board.
.AUTHURIZE HIRING OF E7CTRA HELP PHYSICAL THEREiPIST ATE STEP
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the hiring of an extra help physical therapist
at the E step of the salary range was authorized.
Page 205.
October 2, 1979
October 2, 1979
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ADOPT ,RESOLUTION 79-203 GIVING NOTICE OF INTENTION TO PURCHASE PROPERTY
FOR NORTH CHICO FIRE STATIO PUBLIC HEARING DATE SET
Clif Nickelson, administrative officer, set out the background
of the proposal regarding the North Chico Fire Station. He had contacted
the Assessor to make the appraisal for the property being considered.
The price was $45,000 and is now at $49,000.
Bill Turpin, administrative analyst, stated that the property
is one-half acre. It has curb, gutter and sidewalk and drainage. There
is access on two roads. There is 200-foot frontage on Frontier Road and
100 feet on Cohasset. This property is located just south of Lassen.
They will have to pipe the drainage water from the property to the
existing drainage system, This is what the extra amount for drainage
will do.
Bob Paulus, fire warden, felt that the site was very acceptable.
The price is very reasonable in comparison to other places that were locked
at. The site is probably about five blocks east of where the county is
located at the present time. This would keep them in the same areas
Mr. Nickelson stated that if the city chose to annex this
property into the city, the county would only.be out about $35,000 for
the property. The building could be.:relocated-and the property sold..
This would also include purchase of a portable office for the engineer.
Mr. Turpin set out the reason that plans must be drawn up,
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On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the Administrative Office was authorized to pursue
the purchase of the property for the North Chico Fire Station; Resolution
79-203 Setting a public hearing date of November 6 , 1979 at 10x15 a.m.
for giving notice of intention to purchase the property was adopted and
the Chairman authorized to sign; retention of an architectural draftsman
for site plan preparation was authorized; purchase of a relocatable office
~,ras authorized; and an appropriation in the amount of $112,530 coming
from the reserve for contnQendes for cost of relocating the fire station
ass authorized.
APPROVE TRANSFER OF FUNDS FROM THE RESERVE TO KEEP BANGOR FIRE STATION
3PERATINGo DISCUSSION OF SPECIAL DISTRICT AUGMENTATION FUNDS TO FIRE
DISTRICTS APPOINT TASK FORCE TO STUDY FIRE DISTRICTS
Clif Nickelson, administrative officer, set out the request
for the transfer of funds for the Bangor Fire Station aeration. The
Bangor Fire Station was not included in the proposed budget. They reduced
the Fire Department's budget by $100,000 for funding of the Bangor Fire
Station. One-quarter of the year has gone by. He asked that the Board
transfer the $100,000 into the fund so the county could continue to run
the station.
Supervisor Winston stated that he had assumed that Bangor
?ire Station was in the budget. Bangor is a growing area and cannot
io without a station.
Discussion of the special district augmentation funds to the
Eire districts held at this time. '
Supervisor Winston stated that there had been a great deal of
talk regarding the fire district allocation of funds, particularly Paradise
?ire District. It was quite a surprise to him to find that there was a
3iscovery relative to the $250,000 for the Butte County Eire Department
end the $131,000 for the Library.. He felt that those two items were considered.
Page 206.
October 2, 1979
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He had asked if the action the Board would take would have an effect on
the budget and the answer was yes. This would have the effect.of increasing
the reserve for contingencies in the event of the incorporation of
Paradise and the anwer was yes. There was $527,000 contingencies and
then Mr. Johansen had said there was an estimated $1,300,000 that represented
the loss of SB 325 funds and the possibility of the loss of SB 325 funds
due to the lawsuit. He knew at that time, the money was going to be used
to satisify that contingency reserve liability the county might have.
John Tolle, Paradise Fire Protection District, stated that the
employees of the district received a 6% salary increase in three years.
The figures that have been prepared regarding the District show that they
have had a 26% increase. The other districts have raised their budgets
by that much and more. During the first bail out distribution, they were
forced to use reserves and they still saved money. The 26% increase was
the year when they bought equipment and raised the manpower by three
positions. This would show an 8% increase in salaries that was agreed to
but not be given unless there was bail out funds available. The figure
can be reduced by 8%. This would be a reduction of about $50,000.
Chairman Lemke stated that last week after the Board had adopted
the budget, he was trying to figure out how the county could help the
fire districts. Because of the chronological action the Board took
by acting on the augmentation funds which included $250,000 for the County
Fire Department and $133,000 for the Library, the budget was approved
without adding the augmentation funds in the amount of $383,000.
The Board did not make a reduction, so the money came in as general reserved
Mr. Johansen agreed with him, It appeared that they could move the $383',000.
from the general reserve back to the special district augmentation fund
and distribute it to the fire protection districts on the formula. This
would give Paradise Fire Protection District another $300,000 someo
The priority of the fire and police was not established by the Board.
how, this morning the Board took action to fully fund the North Chico
Eire Station to the amount of $112,000 and talking about $100,000 short
fall in Bangor. Today, the Board is starting to talk about priorities,
in fire. He maintained there was $383,000 in the general reserve that
was not expected that could be moved back to the special districts and
distributed on the formula,
Supervisor Winston stated that Mr. Johansen shows a contingency
liability of an estimated $1,800,000. Tn his mind when the Board passed
the budget and the augmentation funds. They had provided for $1,449,000
to apply against that. Hopefully, there would be a lot of money free
if the lawsuit is won. He felt the Auditor was trying to protect the
county against a catastrophe.
With regard to the Bangor Fire Station, the Board has two
alternatives. These are minimal protection for the Division of Forestry
~r no services. He did not feel that the people should go unprotected.
3e felt there was a difference between Bangor and Paradise. Paradise
ias a department that is funded. He felt the people had better realize
ghat revenue restrictions are with them, The people voted them in.
Cf the people do not approve an alternative sources of funding for the
safety services and if the state surplus shrinks this year, the county is
;ding to have to reduce everything in the county by about 40%o They will
~e operating at 50% of the money. He felt that funding the budget with
revenue sharing was doing nothing but putting off the decision until next
year. The state could take the schools off the property tax. As far as
3utte County is concerned this would solve the problem, He doubted
whether this would happen. If the_Board were to say they would fund the
=ire districts to the full extent of the budgets, there would be no reserve.
Page 207.
October 2, 1979
October 2, 1979
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Chairman Lemke stated he never suggested the fire districts be
funded to the full extent of their budgets. Paradise with the .formula
of the augmentation funds would still be short $150,000 to $200,000.
Jim Johansen, auditor, answered questions asked by Supervisor
Winston. The situation as outlined .by Supervisor Winston regarding the
reserve is correct. The readjusted reserve to the extent of $383,000
could be reducing the contingency reserve in the Paradise incorporation.
They might get away with it. The only effect would be on the 1979-80
budget would be a reduction.
Supervisor Wheeler felt the answer was the recommendation that
a task force be formedo This would be to evaluate the needs of safety in
Butte County and at the same time to analyze the budgets of emergency
services. This would include law enforcement and the fire districts.
Supervisor Winston stated the Board had tried that, Staff has
evaluated many departments and he would be very interested to see the
results that are forthcoming. Chairman Lemke instructed staff to get
together with the Auditor and department heads and look~at expected
revenue and department operations.
Supervisor Dolan felt Supervisor Wheeler had a very positive
suggestion and felt the Board agreed with that in budget session, There
has not been a task force to consider the safety services with the $4
tax rate and AB 618. She felt a task force should be established.
Supervisor Moseley felt that there was an evaluation going on
every month of the yearn The staff people have to make this evaluation.
The Board hears the evaluations every week during the meetingo
Mr. Nickelson stated his basis concern was 1980-81. What is
done today will effect 1980-81. He felt the Board should invite all of
the fire districts to meet with the Board and talk about the possibility
of a county wide election for fire services. This should be considered
for the Sheriff's services in the unincorporated areaso It would be very
difficult if the Board went for an election for an additional tax for the
people outside a fire district so there would be money available to
subsidize E1 Medio, Paradise or County Service Area ~~53. The Auditor
gave what everyone believed was a fair division of the augmentation funds.,
Chairman Lemke stated the work sheet that indicates the adjustments
and various budget cuts does not include the $383,000 that come from
special district augmentation funds represented by the County Fire
Department and the Library.
Supervisor Winston stated that during the meeting the matter
was discussed. He had made the comment the Board had an additional amount
of $383,000. Mr. Johansen advised that yes there would be an additional
$383,000 that would give a cushion for the incorporation of Paraddse.
This was discussed in the meeting. The $383,000 is the direct result
of adopting the augmentation funds. Mr. Johansen advised the Board there
were two things in the augmentation fund that would effect the budget.
The Board would provide adequate reserve for Paradise and secondly,
would provide perhaps some carryover funds for 1980-81. It was specifically
mentioned what was going to happen to the money.
Supervisor Wheeler suggested that the discussion on this matter
be held over for some time. She felt the Board needed to look at the
safety services. She felt that the Paradise Fire Department was heavy
with brass. Page 208.
October 2, 1979
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October 2, 1979
Mr. To11e stated that Paradise is 18 square miles, there are
30 resthomes and 31 mobile home parks in Paradise, The people of Paradise
developed the fire department through the years with taxes. Now all of a
sudden the money is not there. They had two options to consider at the
meeting of the fire board. They could cut the department by 50% and
close two stations or run as they have been doing and hope for something
to happen. There are two things facing Paradise that could change the
problemo He urged the Board to make the allocation to the fire department
to allow them to remain in business. The fire districts were asked by
someone from Senator Campbell's office to take the soft stand regarding
bail out funds this year.
Supervisor TiTinston, Chairman Lemke, representatives from the
fire districts, representatives from the Auditor, the Administrative
Office and Counsel were appointed as a task force to study the fire
protection district. The meeting is scheduled for October 24, 1979
at 10:00 a.m. in the Board Room.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the transfer of funds from tkce•reserve to keep
'ithe Bangor Fire Station operating was authorized.
(RECESS: 10:15 a.me
(RECONVENE: 10:30 a.m.
PUBLIC HEARING: LARRY AND MARGIE TIDWELL - PETITTON FOR VARIANCE TO
SECTIONS 19-10 AND/OR 19-12 OF THE. BUTTE COUNTY CODE FOR PLACEMENT OF A
MOBILE HOME ON AP 27-06-0-047, 7051 CITRUS AVENUE, PALERMO AREA. ZONING:
rrA-5n
The public hearing on Larry and Margie Tidwell petition for
variance to Sections 19-10 and/or 19-12 of the Butte County Code for
placement of a mobile home on AP 27-06-0-047, 7051 Citrus Avenue, Palermo
area, 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 27-06-0-
047, 7051 Citrus Avenue, Palermo Area, zoning: "A-5" for Larry and Margie
Tidwell was approved for a period of one year.
PUBLIC HEARING: ELIZABETH EISENHOUR - APPEAL DECISION OF PUBLIC WORKS
DEPARTMENT NOT TO GRANT AN URBAN IMPROVEMENTS POSTPONEMENT COVENANT ON A
TENTATIVE, PARCEL. MAP, FOUR LOTS, AP 42-02-13, SOUTH SIDE OF BELL ROAD,
APPRO%. 400__FE~T WEST OF ALAMO AVENUE. CHICO - WITHDRAWN
The public hearing on Elizabeth Eisenour appeal of decision of
Public Works Aepartment not to grant an urban improvements postponement
covenant on a tentative parcel map, four lots, AP 42-02-13, south side
of Bell Road, approximately 400 feet west of Alamo Avenue, Chico was held
at this time.
Chairman Lemke advised that a phone call had been received from
Bachman Engineering requesting the hearing be withdrawn and would be
sending a letter as follow up.
The hearing was withdrawn.
Page 209. October 2, 1979
October 2, 1979
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ADOPT ORDINANCE 20520 PUBLIC HEARINGo EXTENSION OF "INTERIM A-5" (AGRICULTURAL)
FOR PROPERTY LOCATED SOUTHEAST OF CHICO AND BEING A PORTION CF ,SECTIONS 5,
6, 7 AND 8 IN T21N, R2E, MDB&M, CHICO
The public hearing on the extension of "Interim A-5" (agricultural)
for property located southeast of Chico and being a portion of Sections 5,
6, 7 and 8 in T21N, R2E, MDB&M, Chico was held as advertised.
Bettye Blair, planning director, set out the background of
the interim zoning. This is the first hearing to extend the interim in
the south Chico area. A map was posted for the Board's considerationo
Within state law, the county is required to notify everyone within 300
feet of the area being considered. There were people noticed whose
property is not in the interim zoning.
The Planning Commission has initiated hearings on the permanent
zoning. This zoning will include the interim area as well as additional
area..
Chairman Lemke advised the Board had received a letter from
Parrott Ranch Company opposing permanent zoning of their property.There
is also a letter from Phil Mace requesting that Midway Orchards, AP 40-02-116,
be deleted from the extension of the interim.
Mse Blair stated that Parrott Ranch Company property is not
included in the interim.
Hearing open to the public. Appearinga
1. Louis Camenzind, Jr. Mr. Camenzind asked that his property
be excluded from the interim, The entire 40 acres more or less should be
excluded like the other side of Oro-Chico Highway. The proposal by staff
was originally much larger than the area now included in the interim
zoning. -
Chairman Lemke advised Mr. Camenzind that the Board had
established the boundaries at the June 12, 1979 meeting of the Board.
Mr. "Gamenzind set out the map he had received from the Planning
Department subsequent to the June Board meeting. He set out the different
proposals for zoning that were on the mapo In reading the legal notice
in the paper, he would like for someone to tell him where the boundaries
go.
Ms. Blair stated that prior to the interim zoning initiated
by the Board there was a request of the Planning Commission to consider
a larger area than was interim zoned, The map Mr. Camenzind has is the
one that was before the Planning Gommission in discussion. It is broader
than the interim zoning the Board adopted. The zoning for the south
Chico area being considered by the Planning Commission is not a subject
of this hearing. She would be happy to have someone from her staff go
over the legal with Mr, Camenzind at the Planning Department.
Mr. Camenzind stated that he was not allowed to speak during
the study sessions of the Planning Commission regarding the permanent
zoning. There was no one allowed to speak< The letters were heard and
,onside red but an individual was not allowed the opportunity to speak.
Ms. Blair advised the Planning Commission held published public
Bearings on what they were interested in. After they closed the hearing,
they were in study sessions.
Page 210,
October 2 , 1979
October 2, 1979
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Mr. Camenzind recommended that on the west side of Midway
there be zoning of "A-160" and on the east side of Midway he recommended
"A-R-1" or "A-R-1/2o' This area is not good agricultural land. The
interim zoning will cause a hardship on the small landowners.
2. Larry Youngo Mr. Young stated he was on the south side of
the "interim A-5" zoning. He has less than one acre and is in "A-2" zoning
at the present time. There is "A-5" next to "•R-1" on single family lots.
He did not understand why the interim was placed next to the residential
area. He felt there should be a buffer between "A-5" zoning and residential
zoning.
Chairman Lemke advised Mr. Young the area under study would
include other zones. The "interim A-5" zoning is a temporary cover.
It was arrived at during a public hearing in June. Mr. Young was originally
recommended to be included in the "A-5" zoning and after the public had
input, the area was deleted from the zoning.
3. 3oe Schringler. Mr. Schringler stated he lived on the south
side of Chico-Oroville Road. He has a little less than'five acres.
He requested that he not be included in the "Interim A-5" zoning.
4. James Owens, representing Preserve Agricultural Land. Mr.
Owens supported the "Interim A-5" zoning. He felt the Planning Commission
was doing a fine job. He felt the interim should be continued. At the
present time, there is a need to have the EIR taken care of for the
permanent zoning. This should be done as fast as possible. He felt the
faster this was resolved the better it was for alI concerned. The Planning
Commission is way over one-half of the way through.
Earl Nelson, environmental review director, stated he was not
sure of the exact date the EIR will be completed. It was submitted to his
office about two week ago, They have to complete the initial study to
determine .if an EIR is required. It is estimated the shortest time period
would be about five months given the requirements of the state law and
allowing for someone to prepare the document. The minimum time for
writing the report would be about one month.
Ms. Blair stated the Commission action in August was to set
the proposal for hearing and requested that an EIR be prepared.
5. Tom McCready, Chico 2000. Mr. McCready stated Chico 2000
supported the extension of the interim. He asked that the interim be
>xtended.
Hearing closed to the public and confined to the Board.
Tt was moved by Supervisor Winston, seconded by Supervisor Wheeler
`hat the "Interim A-5" (agricultural) for property located southeast of
Chico and being a portion of Sections 5, 6, 7 and 8 in T21N, R2E, MDB&M,
Chico be extended for a period of eight months; Ordinance 2052 be adopted
and the Chairman authorized to sign.
Supervisor Aolan stated she still had the same concerns as
.hose when the interim was adopted. The Board has asked the Planning
:ommission to look at a wider area than the interim zoning. She felt
.he entire area being studied by the Planning Commission should be
.ncluded in the interim zoning.
Del Siemsen, deputy county counsel, advised the Board they
could exclude or add any property they would like. This would require
;he adoption of a new interim ordinance.
Page 211. October 2, 1979
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October 2, 1979
0 0 o e c o e e e e e c e e o .... ... T a ~ c .... .., v o 0 o c o c o c c a c
Vote on motion:
"AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolan.
Motion carriedo
It was moved by Supervisor Dolan that the Board implement "A-5"
zoning on the rest of the "A-2" zoning in south Chico, all that is under
study by the Planning Commission.
Motion dies for lack of a second.
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PUBLIC HEARING: ALFRED WILLIAMS - APPEAL OF PLANNING COMNfTSSTON'S DENIAL
OF VARIANCE TO MINIMUM PARCEL SIZE REQUIREMENTS TO ALLOW THREE 4.65 ACRE
PARCELS ON PRPOERTY ZONED "A-5" (AGRICULTURAL - FIVE ACRE PARCEL SIZE)
LOCATED ON THE WEST SIDE OF ESQUON ROAD, APPROX. 1,700 FEET SOUTH OF
DURHAM HIGHWAY, AP 40-14-42, DURHAM
The public hearing on Alfred Williams appeal of Planning
Commission's denial of variance to minimum parcel size requirements to
allow three 4.65 acre parcels on property zoned "A-5" {agricultural -five
acre parcel size) located on the west side of Esquon Road, approximately
1,700 feet south of Durham Highway, AP 40-14-42, Durham was held as
advertised,
Earl Nelson, environmental review director, set out the
background of the negative declaration. This is an agricultural area.
The particular action would have the effect of making it possible to make
three parcels instead of two parcels. He recommended a negative declaration.,
Bettye Blair, planning director, set out the background of the
appeal. The Board has copies of the minutes and findings and an exhibit
has been posted, The exhibit shows clearly the parcels to the south are
all five acres or more, To the east are 80 acres, to the north there is
one parcel 4.75 acres and one considerably less than that. Both of these
parcels existed prior to the zoning. The other parcels meet the requirements
of the zone or are pre-zone parcels.
Hearing open to the public. Appearing:
1. Al Williams. Mr. Williams stated there is a one acre
parcel right around the corner from his property. The area is chopped
up. The parcel next to his is suppose to be five acres but is 4.8 acres.
The five acre parcels south of his property are long narrow parcels.
His property in three acres, would be much more desirable than those five
acre parcels. He owns just less than 15 acres. He is 0.11 of a acre
shy of the 15 acres required. The total of his property is 14.89 acres.
He was not asking for one acre parcels. Each parcel would be 0.37 acres
shy of the required five acre minimum. He has no opposition £rom his
neighbors. He presented a petition signed by his neighbors saying they
had no objection to the variance. This petition includes the larger land
owner behind him and the $0 acres across the street from his property.
He has used the land to graze cattle in the past. It is not economical
to do so at this time. It is a hardship for the property and himself.
The land cannot be maintained in its present state. The parcel splits
are based on the gross of the five acres. There are no full five acre
parcels. Mr. Williams set out the acreage on the surrounding parcels.
Several are one acre parcels.
Page 212.
October 2, 1979
- October 2, 1979
a o v v o o c c .~ o c c o c o c o e c c o a a
79- 2. Ed McLaughlin. Mr. McLaughlin spoke in favor of granting
b the variance. This is marginal land. It is pasture land and not
practical. He felt if the variance were granted, this would help to
keep prime agricultural land from being developed.
variance,
3. Carolyn Rice. Ms. Rice spoke in favor of the variance.
4. Elke Leanheart. Ms. Leanheart spoke in favor of the
5, Evelyne Snyder. Ms. Snyder spoke in favor of the variance.
This would improve the neighborhood.
Hearing closed to the public and confined to the $oard.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, finding the proposed project could not have a
significant effect on the environment, a negative declaration was filed.
It was moved by Supervisor Dolan, seconded by•Supervisor Moseley
that the variance to minimum parcel size requirements to allow three 4.65
acre parcels on property zoned "A-5" (agricultural - five acre parcel size)
located on the west side of Esquon Road, approximately 1,700 feet south- of
Durham Highway, AP 40-14-42, Durham be approved finding that it is in
conformity with the General Plan and due to the special circumstances
with the size and location of this property.
Del Siemsen, deputy county counsel, stated that the smaller
parcels were created prior to the zoning now in effect. The Board is
in essence approving a rezone by allowing three parcels smaller than the
five acre minimum. There must be some basis for the variance. There has
been no parcel split after the "A-5" zoning was placed on the area. Mr.
Williams has a procedure for rezoning his property. His concern was that
all parcels being asked for were less than five acreso Mr. Williams can
split the property into two parcels and comply with the zoningo
Supervisor Dolan stated that in effect 4.96 acre parcels are
visibly no different than five acres and that is the procedure for a
variance and nat a rezone.
Chairman Lemke advised that the findings necessary would be
that the size deprives the property of the privileges enjoyed by the
people in the vicinity. The time of the zoning is not mentioned in the
required findings, only that needs be identical. If it is an ironclad
rule that a variance cannot be issued then Mr. Williams should have been
advised to seek a rezoning instead of a variance.
Supervisor Winston stated that there are now other properties
that are enjoying privileges of being divided down in the "A-5" zoning.
There are properties in that area that are less than five acres at the.
present time and therefore, it is being denied to Mr. Williams.
Motion amended:
Finding the strict application of this chapter deprives such
property of privileges enjoyed by other property in the vicinity and
under identical zoning classification.
Vote on motions
AYES: Supervisors Bolan, Moseley, Wheeler, Winston and Chairman.
Lemke
NOES: None
Motion carried. Page 213. October 2, 1979
October 2, 1979
79'-1&08 APPEARANCE: TOM WILSON, PARADISE•
3 Mr. Wilson invited the Board to attend the Paradise Symphony
concerts. Mr. Wilson stated a bike and pathways committee is being formed
in Paradise, He is working with Mr. Castleberry for inclusion in the
• public transportation plan.
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Mrs. E'erdus requested a change in classification from "A-2"
zoning to "A-R" zoning for her area. She submitted a petition of property
owners at this time requesting the change in zoning.
Chairman Lemke advised Mrs. Ferdus there was a procedure for
applying for a rezoned
Supervisor Moseley to carry the request to the Planning Commission.
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Bettye Blair, planning ,director, stated the Zoning Investigator
checking on the auto repair shop. He has been working on that property.
61YY~i1tAiVl:r:: LUUl.S' l%b1PYY:NL1Nll, JK. '
Mr. Camenzind asked if 'the adopted budget was available to the
public at this time% Mr. Camenzind stated that being that the environmental
impact process is mandated by the State of California, he felt the state
should fund the program or abolish it. He wondered if this could be
carried forward to the Northern California Supervisors' Association.
Mr. Camenzind was advised the budgets would be available in
about 30 dayso
ADOPT RESOLUTION 79-204 AMEND33NG RESOLUTION 79-172 RE: TAX RATE AMENDMENT
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, Resolution 79-204 amending Resolution 79-172
amending the tax rates for school bonds and voter approved indebtedness
was adopted and the Chairman authorized to sign.
REPORT TO THE BOARD ON DEVELOPMENT OF A REQUEST FOR PROPOSAL FOR DATA
The report to the Board on development of a Request for Proposal
for Data Processing systems and hardware was put over to October 16, 1979.
NYY KVV P. 17ZSV blNf~h ~li1~HAV J. YKVIiAtH11 .SSU LI>G1 - l,C'1!1
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the 1980 Block Grant Program and budget application
to Community Services Administration which will fund the Community Action
Agency administration and the Gridley and Oroville community centers which
includes several programs with the amount of funds totaling $184,000,
requiring local in-kind match of $51,755 and also includes the reprogramming
of $23,018 in carry-over funds and the 5% cost-of-living salary increase was
approved and the Chairman authorized to sign.
APPROVE REVISED SENIOR NUTRITION CONTRACT WITH STATE DEPARTMENT OF AGING
James McNaughton, executive director, stated that there is
a local match of ten percent, They would like to see a cash match but
it can be in-kind match. The match is $8,257. This would be ten percent
of Title 3 C funds. The contributions should be $12,630 instead of $15,788.
This was figured on $.50 per mealo They are sending it back with a $.40
per meal average. The local county match could be in-kind or cash.
Dick Puelicher, auditor's office, advised the Board could approve
the contract and the Auditor's Office will come back with a budget transfer
regarding the match when a determination is made as to whether it must be '
cash or can be in-kind match.
Page 214. October 2, 1979
79-
October 2, 1979
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - _ _ _ _ _ _ ~ G
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the contract with the State Department. of Aging
for operation of the Senior Nutrition Project for the period September 17
through December 31, 1979 with the total amount of the contract being
$110,513 was approved and the Chairman authorized to sign subject to
approval by Counsel and Auditor.
1615 .~DISCFTSSION OT' BUDGET AUGMENTATION - DISTRICT A
Will Mattly, district attorney, asked the Board to reconsider their
action of last Tuesday as it affected his personnel and was a deletion
in an attempt to save money. In the attempt to save money the Board
deleted $25,000 which would delete six people in his department. His
department is not overstaffed and possibly understaffed. If the $25,000
is deleted from his budget he will be hampered in doing his job. If the
Board were to continue to delete the $25,000 he would appear before the
Board again and asked for one-half. of the share which would cost between
$50,000 and $60,000, This is because of the cases that are pending. If
he does not get the $25,000 back in his budget, he will have to pursue the
cases those individuals were doing, He will be forced to go out and
hire people to do the job and charge the county. He asked that the
$25,000 be put back in his budget and continued until June 30, 1980 and
at that time if the Board can show him where he is overstaffed,
otherwise, he will be before the Board asking for at least three people
and the cost will be $60,000.
Chairman hemke stated the $25,000 would be to continue the
Consumer Protection Unit as it subsidized by the federal governments
If the District Attorney's Office. were to get three people to continue
the operation without it being classified as a Consumer Protection Unit,
would it cost the county $60,000.
Mro Mattly stated that generally yes it would, The people in
the unit are not limited to a specific operation after January 1, 1980.
They would then be a part of his office. There would still be a carry-
over of federal funds if the program was operated until June 30, 1980.
If the $25,000 is not returned to his budget, they will have to return
part of the grant money. The augmentation funds to carry the program
over to April would go in with the unit. The total employees in his
office is 42 and 2 PSE employees.
Supervisor Winston stated that this typifies the danger
local goverment is involved in by accepting grants. The Board was assured
this was a three year programo The danger is that invariably the body
.stays ono He felt that perhaps the time had come that the Board abide
by the circumstances under which the grant funds were accepted. It is a
three year program and now they are told the department cannot ge.t along
without the six people. This is typical of the dangers of accepting
grants in the first place.
Mr. Mattly agreed with Supervisor Winston with the basic concept
that when.you allow the federal government to come into local govenment,
it does mushroom. This is a day of growth and Butte County is growing.
He felt the CETA program was basically federally funded. The county has
to be consistent.
Chairman hemke stated that CETA was established on similar
guidelines. There was not suppose to be a lot attached to it. Now it
takes 2-l/2 people to define what the county is suppose to do.
Page 215.
Octo~ier 2 , 1979
October 2, 1979
79-
Supervisor Winston stated that he had dicussed with the Auditor
and the Administrative Officer what is going to happen next year. The
District Attorney is telling the Board that he will hire. outside help.
He did not know where the money was going to come from. Perhaps the
department heads can figure out wayso
Mr. Mattly agreed and felt they had to meet every situation as
it comes up. He had no place to go, Without the $25,000, he will have to
be back asking for $60,000.. They will not be controlled by the federal
government after January 1, 1980.
Chairman Lemke asked that a date be set for 9:00 a.m. Monday
to get together with the District Attorney, Auditor, Counsel and the
Administrative Officer to discuss the matter.
The matter was continued to October 9, 1979.
ADOPT RESOLUTION 79-205 RENAMING KIRK ROAD - GRIDLEY/DURHAM ADDRESS AREA
1616
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, Resolution 79-205 renaming Kirk Road in the
Gridley/Durham Address Area was adopted and the Chairman authorized to
sign, with the name change to be effective July 1, 1980.
APPROVE STATE GOING TO BID AND COUNTY IS .STILL INTERESTED IN THE TRAFFIC
SIGNAL AT STATE ROUTE 162 AND FOOTHILL BLVD
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the matter of the state going to bid was approved;
the county is still interested in the traffic signal project at State
Route 162 and Foothill Boulevard; and Public Works Director was requested
to find the money for the project.
1617
PUBLIC HEARING DATE SET
A public hearing date of October 23, 1979 at 11:45 a.m. was
set for consideration of Franklin Brazell proposed negative declaration
and rezone from "A-2" (general) and "R-2" (duplex residential) to "PA-C"
(planned area-cluster) on property located on the south side of Henshaw
Avenue and on the east side of Cussick Avenue and Henshaw Avenue,
AP 42-07-24, 151 and 152, Chico.
161s
ADOPT RESOLUTION 79-206 RESOLUTION 79-207 & RESOLUTION 79-208 SETTING
PUBLIC HEARING DATES REGARDING ABANDONMENTS
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, the following resolutions were adopted and the
Chairman authorized to sign:
1619
1. Resolution 79-206 setting a public hearing date of November 6,
1979 at 10:00 a.m. for consideration of Edward Wasilenko abandonment of
public utility easement, Paradise Pines, Unit 4, Lot 294.
2. Resolution 79-207 setting a public hearing date of November 6,
1979 at 10:00 a.m. for consideration of Eloise Cunningham abandonment of
public utility easement, Paradise Pines, Unit 2, Lot 17.
3. Resolution 79-208 setting a public hearing date of November 6,
1979 at 10:00 a.m. for consideration of Jim Rickards abandonment of public
utility easement, Eden Pines Subdivision, Unit 2, Lot 17.
Page 216e
October 2, 1979
79- 1620
b
1621
1622
162 4
October 2, _1979
_ _ _ _ _ - _ - _ _ - - _ _ _ _ - _ ~ _ _ _ _ _ _ _ _ _ _ _ ~ G - G
ADOPT RESOLUTION 79209 SETTING NEW ENVIRONMENTAL REVIEW FEE SCHEDULE
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, Resolution 79-209 setting a new environmental
review fee schedule to be .effective November 1, 1979 was adopted and
the Chairman authorized to sign.
WAIVE FIRST READING OF ORDINANCE AMENDING CHAPTER 1 RE: PENALTIES FOR
INFRACTIONS, CHAPTER 26 (BUILDINGS), CHAPTER 26B (MECHANICAL), CHAPTER 27
(ELECTRICITY), CHAPTER 28 (PLUMBING} OF THE BUTTE COUNTY CODE AND AMENDMENT
TO SUBDIVISION ORDINANCE RE FORMS OF SECURITY FOR IMPROVEMENTS ON PARCEL MAPS
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, the first reading of the ordinance amending Chapter
regarding penalties of infractions, Chapter 26 (buildings), Chapter 26B
(mechanical), Chapter 27 (electricity) and Chapter 28 (plumbing) of the Butte
County Code and amendment to Subdivision Ordinance concerning forms of
security for improvements on parcel maps was waived.
ADOPT RESOLUTION 79-210 DIRECTING DEPARTMENT OF PUBLIC WORKS TO ENFORCE
PART 2.1 OF DIVISION 12 OF THE HEALTH AND SAFETY CODE RELATING TO MOBILE
HOMES AND ACGESSORY BUILDINGS
Jim Glander, building department, stated that the changes in
this resolution were minor changes from the resolution previously adopted
by the Board. It would increase the fee schedule from $30 to $40 and
allow for penalties when work is done without a permit.
Chairman Lemke stated he was concerned with some of the over-
lapping inspections done by the Building and Health Departments. At times,
there are two inspectors sent out the inspect a hookup and a pipelineo
He felt that something should be done about this.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, Resolution 79-210 directing the Department of
Public Works to enforce Part 2.1 of Division 12 of the Health and Safety
Code relating to mobile homes and accessory buildings to be effective
November 13, 1979 was adopted and the Chairman authorized to sign.
ADDITIONAL MATTER PRESENTED BY COUNSEL
--
Dan~Blackstock, county counsel, asked the Board if they wou
want to consider having an ordinance prepared that relates to paraphernalia
of the sort used in narcotics. He understood the City of Chico had
adopted such an ordinanceo The District Attorney is in favor of such
an ordinance. The ordinance would make the sale of these items a nuisance.
This would be a civil mattero The abatement of the nuisance would be a
long shot. It would be one way to attack the problem.
No action taken.
1625
162 6
APPOINTMENT TENANT REPRESENTATIVE TO BUTTE COUNTY HOUSING AUTHORITY
On motion of Superisior Moseley, seconded by Supervisor Winston
and unanimously carried, Jeanne White was appointed as a tenant represent-
ative to the Butte County Housing Authorityo
COMMUNICATIONS
Mary Maxine Loomis, Oroville. Ms. Loomis writes appealing the Advisory
Agency's approval of the Jo A. Sigfrid tentative parcel map,
AP 36-22-166, four lots, west and south of Foothill Boulevard,
approximately 1,200 feet off of Foothill Boulevard on the
existing easements Set for Hearing October 16, 1979 at 10:00 a.m.
Bi11 Dollar, Oroville. Mr. Dollar writes appealing the Advisory Agency°s
condition ~~20 on a tentative parcel map, AP 25-23-46, four
• lots, Powerhouse Hill Road, south of Palermo Road, south of
Oroville. Set for hearing October 23, 1979 at 10:15 a.m.
Page 217. October 2, 1979
79-
3
October 2, 1979
o v o o c c ~ c c o o c c o v~= o c o e o o o o c c a e
Ater J. Lambert, Paradise. Mr. Lambert writes appealing the Advisory
Agency's denial of a tentative parcel map, AP 52-011-72, two
lots, Edwards Lane (private road), east of Oliver Road, Paradise.
Set for hearing October 23, 1979 at 11:45 a.m.
Bachman & Associates, Chico. The engineers, on behalf of John Schlieper,
appeal the Advisory Agency's conditions d~7 and ~~16, AP 48-203-54
and 55, two lots, south side of Manzanita Avenue, approximately
400 feet east of Cactus Avenue, Chico. Set far hearing October 30,
1979 at 10:45 a.m.
Bachman & Associates, Chico, The engineers, on behalf of Dennis Harford,
appeal the Advisory Agency's condition d~10 on a tentative parcel
map, AP 39-37-73, four lots, east side of Dayton Road, approx-
imately 500 feet south of Stanley Avenue, Chico area. Set for
hearing October 30, 1979 at 11:15 a.m.
John F, Connelly, Chico. Mr. Connelly writes appealing the Planning
Commission's denial of a negative declaration and use permit to
allow the storage of flammable material on property zoned "A-2,
AP 44-41-27, southwest corner of Esplanade and Tonea West, Chico.
Set for hearing November 6, 1979 at 10:30 a.m.
liam P. Mace, attorney at law. The
Orchards, writes requesting
any extension of the June 12
earlier in the meeting.
attorney, on behalf of Midway
that AP 40-02-116 be deleted from
zoning ordinance. Considered
Art Gilman, Durham. Mr. Gilman writes sending notification of his
resignation from the Butte County Comprehensive Employment and
Training Act Council effective August 31, 1979. See motion
following communications.
American Legion, Paradise Post No, 259, Inc. The organization writes
thanking the Boaxd for not making any budget reductions affecting
veterans. Information, no .action taken.
Upper Ridge Coordinating Council. The council writes in support of
revenue sharing funding for the DeSabla Communities Firemen,
Inc. Comfirmed request.
Northern California Health Systems Agency. The Agency forwards its revised
project review manual for comment by the County of Butte. Referred
to Director of Public Health,
U. S. Department of Labor. The department writes concerning the use of
.CETA personnel in the conduct of the 1980 census. Referred to
Personnel.
Committee on Public Works and Transportation, Harold T, "Bizz" Johnson,
chairman, writes forwarding the adopted final rules by the State
Department of Transportation for implementing the Federal Rural
Transportation Program whereby Butte County can apply for federal
funds for the purchase of equipment to establish a local public
transportation program. Referred to BCAG and Public Works.
Parrott Ranch Company, San Francisco. The company writes objecting to
having AP 40-02-49 and 55 permanently zoned "A-5." Handled
earlier in the meeting.
Page 218e
October 2, 1979
79- 1627
162 8
1629 I
October 2, 1979
T = _ _ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ - - _ _ _ _ _ _ _ ~ ~ ~ _ ~ - -
ACCPET RESIGNATION OF ART GILMAN FROM BUTTE COUNTY COMPREHENSIVE EMPLOYMENT
AND TRAINING ACT COUNCIL WITH SINCERE REGRET
On. motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, the resignation of Art Gilman from the Butte
County Comprehensive Employment and Training Act Council was accepted
with sincere regret.
ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Chairman Lemke advised that the Board had received a letter
from Chico Municipal Court requesting an additional two clerks,
Clif Nickelson, administrative officer, stated that he could
have the information available for the Board next week.
Chairman Lemke stated that if the two positions are not added
then the Court will be deleting parking, dogs, bikes and moving violations.
Last year there were approximately 12,000 tickets with an approximate
revenue of $50,000,$25,000 to the state and $25,000 to the county, The
letter states that perhaps the city would be interested in the revenue.
The projected amount for this year is 20,000 tickets for an approximate
revenue of $75,000 to $80,0000 The dog and bike violations are 10,500
annually, with 70% to the city and 30~ to the county. The Court issues
an average of 80 warrants per year for a cost of approximately $100 per
warrant. Chairman Lemke asked if the state and the city get most of the
money, why don't the state and the city help pay part of the costs.
Nr. Nickelson stated the city and county have entered into an
agreement. The Court does have serious problems staffing wisee He
recommended that the Board authorize the additional staff to help do the
work.
Mr. Nickelson stated that this was similar to the request by
the Treasurer=Tax Collector with regarding to collection of Public
Defender fees. If he does not receive two additional people, he will
quit collecting Public Defender costs.
PUBLIC HEARING DATES SET
The following matters were set for October 23, 1979 at 10:00 a.mo
i. Sack and Mary Dias - petition for variance to sections 19-10
and/or 19-12 of the Butte County Code far placement of a mobile home on
AP 71-65-04, 1740 Tehama, Oroville Areao Zoning: "A-2"
2. Donald A. & Patricia A. Barker - petition for variance to
sections 19-1.0 and/or 19-12 of the Butte County Code for placement of a
mobile home on AP 53-06-01, 6079 Williams Drive, Paradise area. Zoning:
"A-2 Ltd"
163 0 ADDITIONE~I! MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Winston stated that he had attended a meeting in
Quincy with Mr. Bishop with representatives from the four other counties
who are involved in the newly formed Triple A, This is the first time he
had detected a spirit of cooperation.
Chairman Lemke stated the Board has received a letter from Paradise
Pines Property Owners Association in appreciation of the assistance given
them by Clark Nelson, county clerk, during their recent election.
The U. S. Department of Agriculture have written confirming
the time and date of October 18, 1979 at 9:00 a.m. at the Chico Tree Center.
Page 219.
~. October 2, 1979
October 2, 1979
79- Chairman Lemke advised that the Board had received a memo from
'~ the Administrative Office regarding the potential reorganization..
Clif Mickelson, administrative officer, stated they would have
more infarmation available for the Board. The Planning Director is in
agreement with the transfer of staff and functionso There are some other
items in addition to thethree other departments that will be discussed
at a later date. This might be ready next week.
Chairman Lemke stated the Board has received several letters on
the lack of publicity on the wheelchair services available in the county.
Supervisor Winston stated the people at the BCAG meeting were
told to ge the word outo
Supervisor Moseley stated that the people in Richvale have asked
for money for paving in the front of the cafe. This is for $3,500 of revenue
sharing funds. They are requesting consideration at this time so that if
it is approved they can start the paving before bad weather gets here.
Mr. Mickelson stated he would check with Counsel to see if this
constitutes a legal project and report back to Supervisor Moseley.
Chairman Lemke suggested the Board lock over the list of proposed
revenue sharing requests. They need to get the final figure. Maybe some
of the funds can be used for some of the projects. There are several fire
department requestso
Supervisor Moseley asked the Board for clarification of action
taken last week regarding the special needs for Durham Park and Recreation
District during the special district augmentation hearingo
Chairman Lemke stated that the $42,000 for Durham Park and
Recreation District and the $13,000 for Lime Saddle Community Services
District were not acted on.
Supervisor Moseley stated there would be a meeting on October
5, 1979 at 10:00 a.m. in Sacramento. This would be a meeting of the
Sacramento Air Basin Coordinating Council on the rice buring regulations.
53CECUTIVE SESSION: The Board recessed at 12:42 p,m. to hold an executive
session regarding litigation.
RECONVENE: The Board reconvened at 1:20 p.m. following an executive
session regarding litigation. Nothing to report at this time.
~D30URNMENT
There being nothing further before the Board at this time, the
neeting was adjourned at 1:21 p.m. to reconvene on Tuesday, October 9,
L979 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK-
RECORDER and ex-officio Clerk
of the Butte County Board of
S e is
;y
Chairman, Board of Supervisors
Page 220.
October 2 , 1979