HomeMy WebLinkAboutM10237979-
d
1680
''..,.1681
STATE OF CALIFORI3IA
OF BI7TTE
SS,
October 23, 1979
The Board of Supervisors met at 9:00 a,m, pursuant to adjournment.
Present: Supervisors Dolan, Moseley, WheelerrWinston and Chairman Lemke.- Clif
Nickelson, administrative officer; Dan Blackstock, county counsel; and Clark A.
Nelson, county clerk, by Nancy Wilson, deputy clerk,
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
APPROVAL OF MINUTES
On motion of Supervisor Moseley, seconded by Supervisor Dolan and
unanimously carried, the October 16, 1979 minutes were approved as mailed with; the
following correction:
Correct minute order 79-1645 to show that Resolution 79-214A
authorizing Chairman to sign Schedule A contract with Department of Forestry was
adopfed ,
DISCUSSION: CONSUMER PROTECTION AGENCY
Supervisor Winston stated after returning from a two weeks vacation
he had read a newspaper article in which Mr, Abbott had made a statement regarding ,
the Board members and their interests being in real estate and profiting by real estate,
Supervisor Winston stated he had served the County of Butte for i6 years. and had been
a real estate. broker_ ~ for over 30 years. His service has been an honorable one,
He will have a formal statement to submit within the next few days concerning this
mattero .fudge Mor:ony, Vandegrift and Watt had known him since he had come to
Oroville, For Mr. Abbott to stoop to say he was mot ivated by something other than
the county concern was in error and he was shocked,
Chairman Lemke feltfhere was misinformation on the par# of the
District Attorney's Office, He stated he awned his own home and that is the only
real estate he owns, He has no interest in real estate other than his own home which
he lives in, Chairman Lemke was asked by several people of the press whether or
not that Board would appeal the cour#'s decision, Mr, Blackstock asked for an
executive session to consider it and. he stated he wanted to talk about it in the open.
Chairman Lemke had stated on television he -was going to ask the Board to approve
an appeal in the interest of the people who elected them and who: herrepresents.
He appreciates what was done and accomplished but the law says anyone of them
night be fallible,it requires four votes of these elected representatives to move money
From the general fund reserver hoping that four out of five are better than any per-
centage of people voting on the money that they are obligated to control. Chairman
Lemke felt the court decision has left no other alternative but to ask for an appeal.
Now any elected office including the courts who have constitutional duties to carry
wt, if they feel they have been short changed during budget they can go to court.
4 precedent has been established, We have one judge making the decision that four
people are required s;by law to do, We have six supervisors now and that is a untenable
>osition as long as they are responsible for the budget', He was asking this Board at
•his time ,to instruct Counsel to appeal the case and take it as high as we need to go,
It is for the peoples best interest. Chairman Lemke stated if the District Attorney's
Dffice was before him this morning to vote on the Consumer Protection Unit he would
to so again just as he did a few weeks ago. He felt'the objection of the District
attorney that he would not have enough eople was a false one, It was his understanding
Page ~60,
October 23, 1979
79-
v
October 23, i 979 '
that only one clerk was to be let go from the fraud Unitas everyone else was to be
retained in the District Attorney's Office.
Supervisor Winston stated that there was a decision in Orange County
where the case in point was a matter of the_ Board of 5dpervisors withholding funds
so that the District Attorney's Office could not perform all of their duties which they
were assigned.
Dan Blackstock, county counsel, stated Orange County found it was
ot. a budgetary decision. What had happened was the investigators were sent into
he Sheriff's Office from the District Attorney's rJffice.
Supervisor Winston stated the judge in the newspaper article referred
~ this decision. Is this the basis of this decision?
Mr, Blackstock stated you cannot read a judges mind but he did cite
gat case. His posi~rion ` in°.effect was to try to limit the District Attorney from
arrying on the Land Fraud Unit.
There was a motion by Chairman Lemke, seconded by Supervisor Winston
iat this case be appealed and direct County Counsel to appeal the decision of the
Supervisor Winston questioned if it would serve any practical usefulness
appeal this decision.
Mr, Blackstock stated the court is ordering them to fund the unit for
is fiscal year. That woulc~not preclude the District Attorney from coming back next
ar and filing a similar writ depending on what your Board decides, It is for one
ar, He cannot give them any assurances as next year he might be very happy,
Cha:irmanrLemke stated if the Sheriff needs additional help such as
jailer he didn't~know i~f they would have the money to fund it, In the event he
oes not get the four votes what is to prevent him from going into court and getting a
writ to fund the jai Ier,
Dan Blackstock doubted it would occur, but it is the same concept.
Chairman Lemke stated Judge 12utherford could request more people and
of they did not get it they would shut down the municpal court. It was a money maker
o we gave her fihe people, If we didn't she has the constitutional direction to follow
s on these decisions, Could she have not gone. into court and saying we were inter-
ering with the Chico Municipal Court.
Mr, Blackstock stated that would have been close, There are cases
involving this same subject, The cases seem to revolve around whether legislature
s to eliminate creating circumstances of money for operating on that particular question.
Chairman Lemke stated if the municipal courts made money the communities
oufd more than have enough to off set requests . Manly would expect the same~thing.
Mr, Blackstock stated as to whether the court would -rule the same way.
es, they could stay in court, The ruling from Judge Watt is an oral one. It is being
Page 261
October 23, 1979
79-
3
_ _ _ _ October 23, 1979
transcribed. Hopefully we will have them sometime this morning. His secretary is to
bring over five copies,
It was moved by Supervisor Winston to table the motion,
Supervisor Winston stated after reading the minutes of October 9 and
16 he would have to agree with the decisions regarding funding. Where Chairman
Lemke stated where were they to go for next year. Supervisor Winston questioned
the letter of intent being sent out and what it had to do with the AAA Task Force,
Clif Mickelson, administrative officer, stated it should have nothing
to do with the AAA Force. It was providing the nutrition program for the five
county areaso That application did not apply 'to the five counties that did not want
to apply,...>A group indicated they are going to try to go on their own.
Supervisor Winston questioned if this was the Area of Aging concept.
1682
1683
Clif Mickelson stated Mr, Hall feels the letter is strong, he did not
have any objection to whatMcNaughton was talking about.
PRESENTATION OF THIRTY YEAR REPORT ON PUBLIC HEALTH DEPARTMENT
Dr Svihus, pu lic health director, presented t e 30-year report on the
Public Health Department at this time.
Dr, Svihus stated Mr, Dan Pelliccotti was on the Board of Supervisors
in 1949 and was instructed by the Board to establish a county health department.
Mr, Pelliccotti was called forward and Dr. Svihus read a letter dedicating the .
report to him and to the many other citizens who have supported .the work of the
County Health Department over the years,
Mr, Pelliccotti set ovt the background on how he came to start the
health department and presented the Board with a copy of his statement. He was
concerned when he would go into a restaurant and the cook would have a cigarette
in his mouth and they would be washing dishes in cold water. The Board had a
building started on Bird Street, At that time there was about 45 to 50,000 people.
Then they build justice courts in the surrounding communities.
Chairman Lemke stated he wanted to thank Mr. Pelliccotti for the
interest he had shown - in getting the. Health D.epartment'started and the service
report was dedicated to him for all he had achieved,
Judge Tillman Daley of Paradise stated Mr. Pelliccotti was responsible
for building the portion of the court house that this meeting was being held in and
at the time the newspapers were not supportive of his efforts,
APPROVED SPECIFICATION FOR REROOFING REMAINDER OF OLD HOSPITAL
BUILDING AND CALLED FOR BIDS TO BE OPENED NOVEMBER 8, 1979 AT
2:30 P.M. IN PURCHASING OFFICE
On motion of Supervisor Moseley, seconded by Supervisor Winston and
unanimously carried, the adoption of specifications for reroofing the remainder of the
old hospital building awere~approved and a call for bids to, be opened in the Purchasing
Office November 8, 1979 at 2:30 p,m, , for an amount of $10,600.00 was authorized.
Page 262,
October 23, 1979
79-1664
5
1685
October 23, 1979
AUTHORIZE SENDING LETTERS IN SUPPORT OF LOS ANGELES COUNTY'S
REQUEST FOR PRO~BCE•M WITH INCREASED WORKMEN'S COMPENSATION
COSTS AND SUPPORT FOR BENEFIT REFORM TO THE ASSEMBLY AND SENATE
Report of Risk Management Coordinator on letter of Supervisor Peter
F. Schabarum (Los Angeles County) concerning the problem of increased workmen's
compensation costs and support for benefit reform from Steve Replogle, risk management
coordinator.
Chairman Lemke stated the figures were scarey. The members had
received a memo from Mr. Replogle stated that Butte County has had a 240°/a increase
since July 1972, Chairman Lemke stated if there was an opportunity to get help
through legislative reform they should be looking at it very seriously.
Mr, Replogle stated he had recently attended a meeting in Los Angeles
and everybody he talked to was 'going to write in support of this law. Los Angeles
County has lobbyists in Sacramento working on this but they have been unsuccessful
because of labor increases and compensation benefits. Because of Proposition 13
each county has had. to look at this problem. '
Supervisor Dolan questioned if there had been an increase in settle-
ments and claims.
Mr. Replogle stated that judges are the referees in these cases. The
law has been liberal with the liability. losses.
Clif Mickelson, administrative officer, stated some of the liabilities
against them are for real or imagrinary, illnesses and that is the problem. There had
been a change in the law and now there is a ten year presumption of liability.
On motion of Supervisor Winston, seconded by Supervisor Moseley and
unanimously carried, the authorization to,send letters to the Assembly and the Senate
in support of benefit reform and fhe problem of increased bvorkmen~s compensation
costs and authorize the Risk Management Coordinator to sign .
REPORT FROM AUDITOR REGARDING SPECIAL DISTRICT AUGMENTATION FUND
AND SPECIAL NEEDS
Jim Johansen, auditor, distributed a memo giving the final recap of
special district augmentation fund distribution. Mr, Johansen stated the final
figure was larger than the original estimate by $83,215. He had made distribution
according to the instructions of the Board. The additional amount over and above
the $965,000 specifically allocated, was distributed to the three fire districts on
the 6% - $b% - 8% ratio. County Service Area 53 received $7,093, Paradise Fire
received $101,665 and EI Media Fire District received $9,457 from the balance of
the augmentation fund.
Chairman Lemke stated one of the things to be discussed was the
$13,000 augmentation money that was distributed to Lime Saddle Community District.
The press felt there was a legal issue that the augmentation funds might not be
distributed to help serve the developers in the area and that public money should
not be used for that purpose. There are members of the Lime Saddle Community in
the audience if anyone would like to ask any questions. '
Supervisor Dolan stated that the district received a certain portion of
the tax rate as the district was prePages,(~3f: nded by property taxes, It could not
October 23, 1979
79-
October 23, 1979
-___________________ -____--__~-=-R==~=
receive special needs allocation because it should not cost property taxpayers money.
Clif Micke son stated the tax rate was established four years ago.
Carl Fischer,Lime Saddle.Community District Secretary, stated the
district was formed in 1972 and SB 90 was a bone of contention. !n response to
Supervisor Dolans question of the District receiving property tax money, Mr. Fischer
stated the tax was paid by the property taxes in the district it would not be anybody
else.
Mr. Fische~handed out a Memorandum on the Lime Saddle Saga to
the Board at this time, He felt it would give them a little bit of history, There
being no questions he wished to discuss the problem of subdivision activity in the
District, They have no knowledge of any activity unless a map has been filed
and the Public Works Department; asks if they will furnish water. One case being
the Burgess Tentative Subdivision and they had their legal counsel reply. The letter
indicated they would not service a subdivision, Mr, Fischer noted several. other
proposed subdivisions, There was discussion regarding sinking a well and individuals
indicating that they would not be a burden to the district,
Chairman Lemke discussed the article in the newspaper stating that
augmentation money should not be used to fund the Lime Saddle Community District
that was formed to be self sustaining and at no cost to the County of Butte,
Clif Mickelson stated there had been a lot of changes due to the
passing of Proposition 13 in the rules that govern the Board. He stated a lot of
districts and the county are in serious straits, because when they formed the district
they did not want any money or help from anyone.
Chairman Lemke stated that a group•of developers°got together fo benefit
themselves:and: now-the County of Bufite is helping to bail them out,
Mr, Mickelson stated that could be said about any district, fire,
water or sewer. He stated morespecificatly Shelter Cove. This was taken before
the California Water Commission there were some people who were trying to stop
the funding of Lime Saddle because they figured they were speculators and not :'
local owners. There was discussion regarding the Davis-Grunsky Act,
Chairman Lemke stated that there was an order already that said it
was legal and originalfy_designed by the group of special group representatives prior
to budget deliberations. It had been approved and moved to this Board, Chairman
Lemke felt.it was no more morally wrong than using county funds to mow puncture vines.
Mr. Fischer stated that Art Gilman attended the area function committee
and was a volunteer, He was a friend of Lime Saddle and they appreciate the efforts
he made, Even after what he read in the newspaper they still consider Mr: Gilman
as a friend.
RECESS: 10:00 a.m.
RECONVENE: 10a5~_a,m,
Page 264,
October 23, 1979
74-1686
October 23, 1979
CLOSED HEARING: NORRIS AND ALICE ROBISON AND MARY MAXINEcLOOM15-
APPEAL OF ADVISORY AGENCY'S APPROVAL OF J. A. SIGFRID PROPOSED NEG-
ATIVE DECLARATION AND TENTATIVE PARCEL MAP, AP 36-22-T 66
T e closed Baring on Norris:~dndA ice' Ro ison and Mary Maxine Loomis
appeal of Advisory Agency's approval of the J. A. Sigfrid proposed negative declaration
and 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 easement was held
at this time.
Hal McDonald, assistant public works director, stated Mr, Castleberry,
public works director, asked Mr. Huskey the engineer to verify the access that the
Sigfrid's were trying to use. Mr. McDonald stated where it ties up to Foothill Boule-
vard it is a hazard. There was discussion as to whether the~title company can verify
the Sigrid's have a 60 foot existing easement, Mr, McDonald had the map of the
subdivision west end and south and indicated another proposed subdivision, The
Sigfrid application would be acceptable if there is a 60 foot access to the westerly
access of this subdivision, Mr. McDonald indicated there would be a map coming
in for a subdivison,
Chairman Lemke stated it was a closed hearing but he would like to
hear from Robert Huskey regarding the title clearance,
Hearing open to the public. Appearing;
1. Robert Huskey, Orovil le. Mr, Huskey stated Mr. Sigfrid had asked
him to spea1c to the Board, There was a problem with the title report, there was a
misunderstanding with another title company but now the two agreed there was an
easement on this property, He urged Mr, Robinson to come and speak with Mr. Norris
and Mr. Sigfrid as he has free access. There is still some question as to the condifions
of the tentative map, Mr. Huskey stated he still feels the Board can reaffirm this
condition. There is a proper deeded access to the westerly side which would provide
circulation, The road he indicated would have gravel and would not meet county
standards, There is a proposed subdivision there, He stated it was quite clear on
the title report that Mr, Sigfrid has an easement across the property.
2, Norris Robinson, Oroville. Mr. Robinson stated he had a letter
with him from his attorney that had been sent to Mr. Sigfrid's attorney, It was dated
October 9 and Mr. Robinson read from the letter.
Chairman Lemke stated that from. the letter Mr. Robinson had, is that
there is still a dispute over the two ±parties as to whether the title report is correct,
Chairman Lemke stated all the county is going to require to approve this map is that
they verify legal access. That would leave it to the two parties involved,
Del Siemsen, deputy county counsel, stated this information shows they
have access. Mr. Siemsen suggested approving the map subject to the condition they
verify the access.
Mr, Robinson stated he did not feel they have proven to him satisfactorily
that there was legal access. He has fought the last couple of years over this access,
He bought the property six years ago,' Mr. Robinson felt if they had proof of the access
they would have presented it previously. Mr. Robinson presented several pictures to
the Board showing the complete blind exit coming from his property,
Page 265,
~- October 23, 1979
79'-
b
October 23, 1979 _ _
c.. ._ ~ o v o c~_- o~ c o c o__ c~ o 0 0 o c~ e c o c a o ~ o e
Mr. McDonald stated it was a dangerous tee into Foothill Boulevard.
Mr. Huskey stated to provide minimum standards they have to be
addressed prior to the filing of the map.
Supervisor Dolan stated in discussion regarding the map that curb
easement across the Loomis property does exist. That Butte County Title has it
approved across the Loomis property and that Oroville Title had made an error on
the title report.
Mr. Loomis stated his attorney has papers on this matter and he can
prove-who bought the property. He did not feel the title company could guarantee
there were proper papers, If this goes to trial, and it may go to trail, in all fairness
to everybody concerned to table this until it is straightened out and until there is
definite proof.
Nearing closed to the public and confined to the Board.
Supervisor Moseley felt they should table this matter so some more
facts will prove the access situation.
Chairman Lemke stated that if the Board rules to approve or deny the
Norris and Alice Robinson there could be the condition to prove legal access.
Supervisor Winston stated that by imposing the condition they cannot
have access and if it goes forward and there was a change of title to access it can
go into the civil courts.
Del Siemsen stated this Board could deny the map on the grounds the
exit and entrance is dangerous. It would not be something you would cite or not
cite in another hearing before the Board, He stated the Board could decide they
do not like the property easement.
Supe"rvisor Winston questioned if any action had been taken fast week,
Chairman Lemke responded that they had hoped to get the title corsrpany to clear the
report.
Hearing opened to the public.: Appearing:
1, Mrs, Mary Loomis, Orovi lle, Mrs. Loomis stated she would be
willing to have Mr. Sigfrid go ahead and widen the west road to 60 feet rather than
go through the middle and ruin her whole property, During .the winter months she
cannot get through her property. IV1rs. Loomis stated they would have to build the
road if that is all they need the 60 feet too through her property. Mrs. Loomis
replied to Chairman Lemke's question as to how wide the road was now, that it was
very narrow and not even 30 feet wide.. She would be willing to go the 60 feet and
not go through the middle of her property but she could not finance it.
Chairman Lemke set out the requirements if the map was to be
approved and in addition Mrs. Loomis had just given another means of access.
Supervisor Dolan stated according to the requirements of the Advisory
Agency she felt they should uphold this appeal, She felt access is such an important
Page 266,
October 23, 1979
79-
October 23, 1979
part of a decision here. She would not vote to make a decision on title companys,
To table is their first choice. If that didn't work :their second choice would be to
uphold the appeal and disapprove the parcel split.
Supervisor Moseley felt that Mr, Huskey should get together with the
Robinson's, Loomis . and Mr, Sigfrid, They should be able to come up with something.
Supervisor Winston questioned if this was a legal use of the land to divide
into four twenty acre parcels. Chairman Lemcke said yes.
Supervisor Winston stated that the land split was legal and it conforms
with the zoning and Health Department has put conditions on the approval. In the
minutes of October 16 he noted Mr. Nelson had stated they did not see any problems
with the parcel and the Environmental Checklist indicates there isn't any, The
problem is with access and the safety of the approach to Foothill Boulevard,
Earl Nelson, environmental review director, stated he thought the
question of access was not addressed in the cheek list that his assistant who had
compiled the check list had not addressed the issue.
It was moved by Supervisor Dolan, seconded by Supervisor Wheeler
that the proposed project could not have a significant effect on the environment,
and a negative declaration is recommended.
Supervisor Winston questioned if as a mitigation measure the Sigfrid
road should be included,
Mr, Siemsen stated that to find it is a substantial impact, then it should
be a conditional negative .declaration,
Motion amended as follows:
Finding that although the proposed project could have a significant
effect on the environment, fhere will not :be ;a significant effect in this case because
the additional mitigation measure listed below has been added to the project and a
conditional negative declaration was recommended:
1. Safe entrance and exit off Foothill Boulevard for safety will be
determined by the Public Works Department as to site distance.
Discussion following the amended motion.
Supervisor Dolan stated she did not believe the impact was enough to
require an EIR,
Mr. Nelson requested number 13 be changed to a maybe on the checklist.
Vote on motion:
AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke
NOES: None
Motion carried,
Page 267.
October 23, 1979
October 23, 1979
79' Supervisor Winston questioned if anyone on the Board objected to this
b project.
map.
Supervisor Dolan stated yes, unless it has a condition without a verification.
Supervisor Wheeler questioned if they could attach a condition to the
Supervisor Winston stated Public Works Department could .verify
whether the site access is approved.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the appeal of Norris and Alice Robison and Mary Maxine Loomis was
de7ied and the J. 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 easement was approved finding we have no objection to the proposed
project and finding of fact there being legal use of the land, conforms with the
zoning and the General Plan and we have so mitigated that our conditions on the
map verifying right of way and site subject to the following conditions:
1, Safe entrance and exit off Foothill Boulevard for safety will be determined
by the Public Works Department as to site distance.
2. Provides a 100-ft, leachfield free area around existing wells eitl~r within or
within 100 feet of the property boundaries.
3, Show a 50-ft, leachfield setback from the drainage way on Parcels 2 and 4
and a 100-ft, leachfield setback from the high wafer mark of the O. W.I.D.
ditch on Parcels 1, 2, 3 and ~l,
4. Either prove the availability of domestic water on each parce! or place the
statement on the map stating that there is no evidence that domestic water
is available,
5. Verify legal access.
6, Provide two-way traversable access RS-8-LD-1 to each parcel from a County
maintained road or state highway.
7. Access to be reserved in deeds as per County Ordinance and offered for dedicatio-~
on the final map.
8. Show 50-ft. building setback line measured from centerline of access easement.
9, Provide road maintenance agreement.
10, Show all easements of record on the final map.
i i , Provide street name signs per requirements of the Department of Public Works
prior to recordation of the final map.
Page 268.
October 23, ]979
79-
October 23, 1979
c o o c c c o o e c~ c c c o 0 0 0 0 o e o o c e e c o o- o. a c a o c
12. Pay off any assessments.
13. Provide cul-de-sac at the end of the street.
i4. Obtain encroachment permit and construct standard road approach providing
adequate sight distance at the intersection of the access easement and Foothill
Blvd.
15. Pay any delinquent taxese
Vote on motion:
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lremke
NOES: Supervisor Dolan
1687
Mr. McDonald stated the Public Works Department w.oufd work with
County Counsel until they are satisfied there is legal access before they will approve
this project.
APPROVED VARIANCE FOR DONALD A. & PATRICIA A. BARKER
The hearing for Donald A. & Patricia A. Barker -petition for a
variance to sections 19-10 and /or 19-12 of the Butte County Code for placement
of a mobile home on AP 53-06-O1, 6079 Williams Drive, Paradise area. Zoning;
"A-2 Ltd." was held at this time.
Lynn Van hart, environmental health director, stated there was a
request by the Barker's to have' Mrs. Barker's father live on their property in a mobile
home. Mr. Vanhart set out the background on the variance. They had applied for
a Boundary Line Modification and one of the requirements was to obtain a variance
Supervisor Winston and Supervisor Wheeler left at this time.
Hearing open to the public.
Supervisor Wheeler returned.
hearing closed to the public and confined to the Board.
1688
On motion of Supervisor Moseley, seconded by Supervisor Wheeler and
carried, the petition for variance of Donald A. & Patricia A. Barker to sections i9-10
and/or 19-12 of the Butte County Code for placement of a mobile home on AP 53-06-01,
6079 Williams Drive, Paradise areal zoning is "A-2 Ltd." was approved for a period
of one year.
AYES: Supervisors Dolan, Mosebey, Wheeler and Chairman Lemke
NOES: None
ABSENT: Supervisor Winston
HEARING: JACK AND MARY DIAS PETITION FOR VARIANCE TO BE READY€RTISED
T e Baring of Jac and ary Dias petition for variance to sections i9-10
and/or 19-12 of the Butte County Code for placement of a mobile home on AP 71-65-04,
1740 Tehama, Oroville area; zoning "A-2" was held as advertised.
Page 269.,
October 23, 1979
79-
b
1689
October 23, 1979
c = _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ - _ ~ = c - - c a - a c c a c
Lynn Vanhart, environmental health director, wished to apologize as
this item was improperly advertised with the wrong AP number and the wrong street
address. Mr, Vanhart proposed this hearing be continued and readvertised properly.
pUBI;IC HEARING- EBG HEALD, DELBERT J. KATH AND RAY MARTIN
ABANDON1v1ENTS _
___
e publis hearing on Edgar H. Heald, Delbert J,. Kath and. Rav_Martin __
was held as advertised.
Bettye Bfai~, planning director, stated the three abandonments had
come before the Planning Commission:::-The.$oard had copies of the Pdannii~g Commission
minute; and recommendations.
'Supervisor Winston returned..
Hearings opened to the public. No one appearing,
1690
Hearings closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried the following abandonments. were approved:
1 , Resolution 79-216 was adopted for the Edgar H. Heald abandonment
of public utilities easement, CC unit 4, lot 219, Paradise Pines, and Chairman authorized
to sign.
2. Resolution 79-217 was adopted for the Delbert J. Kath abandonment
of public utilities easement, unit 5, lot 35, Paradise Pines and Chairman authorized to
sign.
3. Resolution 79-218 was adopted for the Ray Martin abandonment of
alley, block 26, Thermalito and authorized the Chairman to sign.
HEARING: BILL DOLLAR APPEAL OF ADVISORY AGENCY'S CONDITION #20 ON
TENTATIVE PARCEL MAP, AP 25-23-46, FOUR LOTS, POWERHOUSE HILL ROAD,
SOUTH OF PALERMO ROAD, SOUTH OF OROVILLE
The hearing of Bill Dollar appeal of Advisory Agency's condition #20
on a tentative parcel map, AP 25-23-4b, four lots, Powerhouse Nill Road, south of
Palermo Road, south of Oroviile was held at this time.',..
Hal McDonald, :.assistant.pub.lic .works~d:ire.ctor, stated the appeal was
on item X20 of the conditions. Public Works Department asked that Moms Lane be
extended through a property parcel split. It is a z mile from Cox Lane, There is a
cut-rle-sac. For safety and circulation reasons it should be extended over to powerhouse
Hill Road.
Supervisor Winston stated there already is a ~ mile extension. We have
~ • mile from Cox Lane and another to Powerhouse Hill Road.
Mr. McDonald discussed the map and locafiion with the Board.
Hearing open to the public. Appearing:
i , Bill Dollar, Oroville. Mr. Dollar stated to his knowledge Moms
Lane has not been deeded to the county. He had improved 800 feet of the lane at
his own expense to the back of his own property. There wilt have to be two 9~ degree
angles to keep from hitting two barns. Another neighbor was to help him but he
became sick.
Page 270,
'. October 23, 1979
October 23, 1979
79-
3
In response to Supervisor Winston's question if all the land was his, Mr.
Dollar stated he wanted to sell 2-5 acres and clear his end of the property. Moms
Lane is gravel.
Supervisor Winston questioned Mr. McDonald if they were to put a
conditon on the map of the 2 to 5 acres would it hurt anything. Mr. McDonald stated
they could put it on the map that there be no further division of the parcel.
Supervisor Dolan stated she would agree with that,
Hearing closed to the public and confined to fhe Board.
i69i
On motion of Supervisor Winston, seconded by Supervisor Moseley and
unanimously carried, that the appeal of Bill Dollar on condition #20 of Advisory
Agency's requirement on a tentative parcel map, AP 25-23-46, four lots, Powerhouse
Hill Road, south of Palermo Road, south of Oroville be upheld provided that a condition
be imposed that any further division of 5 acres parcels would require the extension of
Moms Lane to the existing Moms Lane.
ADOPTED ORDINANCE 2054 PUBLIC HEARING: WHEELER ORCHARDS PROPOSED
NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT AND REZONE
FROM "A-2" (GENERAL) TO "AR-MH-1" (AGRICULTURAL RESIDENTIAL -MOBILE
HOME - ON E ACRE MINIMUM) ON PROPERTY LOCATED ON THE NORTHWEST
CORNER OF LARKIN HIGHWAY AND SHELDON AVENUE, AP 24-08-32 AND 50,
GRIDLEY
The public hearing on Wheeler Orchards proposed negative declaration
regarding environmental impact and rezone from "A-2" (general) to "AR-MH-1"
(agricultural residential - firobile home -one acre minimum) on property located on
the northwest corner of Larkin Highway and Sheldon Avenue, AP 24-08-32 and 50,
Gridley was held as advertised.
Bettye Blair, planning director, stated there was a recommendation
brought forward from the Planning Commission. The use is approved with the General
Plan. The Board has copies of staff findings and of the Planning Commission minutes.
Mso Blair stated the frontage parcels are approximately one acre and they could not
possibly be subdivided further.
Supervisor Dolan questioned if this was within the study area being proposed,
Ms. Blair responded yeso Zoning had peen discussed and it was in con-
Formity with the General Plan.
Earl Nelson, environmental review director, stated there was environ-
mental concern with the conversion from existing agriculture with prunes and walnuts.
Urban use is indicated on the General Plan map as appropriate for urban use. It
would not require an impact report. They recommend a negative declaration.
Hearing open to the public. Appearing; No one,
Hearing closed to the public and confined to the:Roard,
It was moved by SupervisorMoseley, seconded by Supervisor Wheeler
hhat on the basis the proposed project could not have a significant effect on the
Page 27i ,
October 23, i 979
79-
8:
October 23, 1979
-_~~~~~-==W-W -_--- __--_~-__-_______
environment and` a negative declaration is recommended,
Supervisor Dolan felt if we let this area be rezoned it could be the
start of more urban and more dense uses in this area. She felt it has an impact.
Vote on the motion:
AYES: Supervisors Moseley, Wheeler, Winston and Chairman .Lemke
NOES: Supervisor Dolan
Motion carried.
Supervisor Dolan stated she cannot support this. There is still agriculture
uses and it makes it difficul8 there was reference to the Land Use Element policy state-
ment that there should be protection of agriculture area. With these reasons she could
not support this motion,
Supervisor Winston stated the Planning Commission through a study
process made a determination of urban area. '
Ms. Blair stated it was within the urban area.
Supervisor Winston felt the Planning Commission.in their wisdom made
a recommendation that this is proper zoning,
On motion of Supervisor Moseley, seconded by Supervisor Wheeler and
carried that the rezone,from':Ar2" (`general) to "AR-MH-1" (agricultural residential -
mobile home -one acre minimum) on property located on the northwest corner of
Larkin Highway and Sheldon Avenue,. AP 24-08-32 and 50, Gridley was approved finding
project in conformity with the General Plan and a proposed negative declaration
has been approved; Ordinance 2054 was adopted ~ and the Chairman authorized
to sign,
Vote on motion:
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOE5: Supervisor Dolan
Motion carried.
1692
ADOPTED ORDINANCE 2055 PUBLIC HEARING: CARL NORDSTROM PROPOSED
NEGATIVE DECLARATION AND REZONE FROM "A-2" (GENERAL) TO "TM-2~"
(TIMBER MOUNTAIN 2-'~ ACRE PARCELS) ~JN PROPERTY LOCATED APPROXIMATELY
ONE-HALF MILE SOUTH OF BALD ROCK ROAD, APPROXIMATELY TWO MILES
EAST OF OROVILLE QUINCY HI G_HWAY, AP 62-21-122 SAND 71-02-25,
OROVILLE
The public hearing for Carl Nordstrom proposed negative declaration
and rezone from "A-2" (general} to "TM-2Z° (timber mountain 2-~ acre parcels) on
property located approximately one-half mile south of Bald Rock Road, approximately
two miles east of Oroville Quincy Highway, AP 62-21-122-and 71-02-25, Oroville
was held as advertised.
Bettye Blair, planning director, stated again they were discussing a
zoning of a parcel that has already received approval. Originally it was "TM-2'~",
coming out of Planning Commission it was changed to "TM-3" to have conformity
Page 272,
October 23, 1979
79-
October 23, i 979 _ _ _ _
~___________________ _=~~=-T-==-- -
with the General Plan. The Board has copies of staff recommendations and the Planning
Commission minutes.
Chairman Lemke questioned if-the motion should be to recommend "TM-3"..
Ms, Blair stated there are several parcels that are less than 2~ and some
more than 2~. The Planning Commission had discussed the concern about part of the
development of under ground utilities. There would be a guarantee that nothing could
come down unless they were three acres, some of the larger parcels can not be sub-
divided,
Ms. Blair stated that if there was something less than three acres it was
a possibility they would be rquired to put public utilities undFrground,
Earl Nelson, environmental review director, stated there was an
environmental check list at the time of the subdivision and unit. Their'. recommendation
at this point is that the zoning would be appropriate in the map that has. already been
approved.
Hearing open to the public, Appearing: No one.
Hearing closed to the public and confined to the Board.
1693
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, finding that the proposed project could not have a significant
effect on the environment, and a negative declaration is recommended,
On motion of Supervisor Winston, seconded by Supervisor Wheeler and
unanimously carried, noting that a negative declaration has been adopted and the
property division is in conformity with the General Plan,. the rezone from "A-2"
(general)'to`"TM-3". (timber mountain 3 acre parcels),was opproved; Ordinance
2055 was adopted and the Chairman authorized to sign.
APPROVED PROCEEDING WITH THE BICYCLE CROSSING OF SOUTHERN PACIFIC
RAILROAD TRACKS PROPOSED NEGATIVE DECLARATION WITH THE PROJECT
LOCATED 900 FEET NORTH OF BIG CHICO CREEK, CHICO - PUBLIC HEARING
Hal McDonald, assistant public works director, state t ey ave an
agreement with the Southern Pacific Railroad to cross the tracks. This is the last
thing that is needed to clear the application to PUC, It will be b to 8 months until
this occurs and this is the last step to get approval from PIJC,. This is a budgeted
project,
Earl Nelson, environmental review director, stated that (here is already
an existing path west of the CSU-Chico campus, They are to construct ramps over the
tracks for safety purposes. There is nothing of any environmental significance and
they recommend a negative declaration.
Hearing open to the public. Appearing: Na one.
Hearing closed to the public and confined to the Board.
On a motion of Supervisor Dolan, seconded by Supervisor Wheeler and
unanimously carried, that the proposed project could not have a significant effect on
Page 273,
October 23, 1979
79-
a
1694
October 23, 1979
the environment a negative declaration is recommended and have this matter moved
forward to the PUC,
There was discussion to the fact the property owners in the vicinity
would be pleased to have this crossing established.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
unanimously carried, that this project proceed as planned.
RECESS: 11:28 a.m,
RECONVENE: 11:33 a.m,
PUBLIC HEARING: FRED J. BENNETT APPEAL OF ADVISORY AGENCY'S CON-
DITION #4 RELATING TO TRAVERSABLE ACCESS FOR AP 50-15-77, FOUR LOTS,
WEST SIDE OF KATHLEEN LANE, NORTH OF HERMAN LANE, PARADISE
The public hearing on the Fred J. Bennett appeal of Advisory Agency's
condition #4 relating to traversable access for AP 50-15-77, four lots, west side of
Kathleen Lane, north of Herman Lane, Paradise was held at this time.
Hal McDonald, assistant public works director,.set oufi the background
on this appeal. ~Mr: McDonald understood-there -was a petition signed by all the
residents that they wish to leave private roads as they are if they are paved, If
th.e Board wishes to decide with the petitioners and leave the paved roads as they
are, it will be no problem to leave them,
Mr. McDonald responed that it would remain a private road to Ms
Dolan's quesfion.
Supervisor Wheeler left the room.
Hearing open to the public. Appearing:
i... Fred J, Bennett, Paradise. Mr, Bennett stated he had a petition
signed by approximately 40 residents of the area. Mr. Bennett read from the petition
and then presented it to the Board, He stated he had a large map showing the area
and stating that no additional improvements or land to be developed and it would
only be effecting two people.
Supervisor Wheeler returned.
Mr, Bennett discussed with the Board the map. He stated the road is
maintained and the street signs are in. He had deeded a 60 foot easement to~the
county.
Chairman Lemke stated Mr. Bennett would have to file the map with
the .Public Works Department.
Wearing closed to the public and confined to the Board.
Chairman Lemke stated he was familiar with the area and it is boxed in
between Skyway and the abandoned Clark Road and Skyway and abandoned Southern
Pacific Railroad. There was not much room for further development.
Page 274.
October 23, 1979
79-
v
1695
1696
October 23, 1979
c c c c c a c c o c c c o c c c c o c a r.. -_- - -- c- c c m c c a o
On motion of Supervisor Moseley, seconded by Supervisor Wheeler and
unanimously carried, that the appeal of Advisory Agency's condition #4 on Fred J.
Bennett;. AP 50-i5-77, four lots, west side of Kathleen Lane, north of Herman Lane,
Paradise be upheld,
APPROVED CONTRACT AMENDMENT FOR EL MEDIO DITCH PROJECT WITH RING EL
AND ASSOCIATES FOR ENGINEERING SERVICES
Gera d Live y, depaity administrative officer, set out the background on
the EI Medio Ditch Project,
Pat McCafferty stated the $4,000 is the amount they would anticipate
we would have to provide after the committment to FHA, Initially it was $4,200.
Chairman Lemke questioned the amount. He stated the only way they
could go ahead was if the amount was small.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler and
unanimously carried, the contract amendment to 1) transfer $2;450 wifhin fhe contract
line items from basic services to additional engineering services and 2) is for $4,000
additional engineering to form an assessment district witF~funding to come from the
district if formed was approved and authorized.the Chairman to sign,
The HCD has been in contact with the California Conservation Corp
regarding subcontracting the project through their program so it could help with the
inflation costs,
PUBLIC HEARING: WALTER J. LAMBERT APPEAL OF ADVISORY AGENCY'S
DENIAL OF NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP, AP 52-011-72,
TWO LOTS, ED WARDS LANE, EAST OF OCIVER ROAD, PARADISE
The public hearing for Walter J, Lambertappeal of Advisory Agency's
denial of negative declaration and tentative parcel map, AP 52-Oi 1-72, two lots,
Edwards Lane (private road), east of Oliver Road, Paradise was held as advertised.
The Advisory Agency denied this project because it did not have adequate
access to the parcel.
Chairman Lemke stated this is a parcel split with access going up the
middle or down one side.
Hal McDonald, assistant public 'works director, stated this is off of
Edwards Lane and Oliver Road, Mir, McDonald displayed a map for the Board of the
area,
Earl Nelson, environmental review director, stated the net effect of this
division would allow one additional residence to the property so they are recommending
a negative declaration,
Hearing open to the public, Appearing:
1, Walter Lamberi',~Paradise, Mr, Lambert stated before he bought this
property a year ago he checked with the Planning Department and Public Works Department
and they could see no reason why he could not split the lot, So he bought it. There
is a 20 foot right of way to serve the house in the back. Mr. Lambert stated that he
was asking fora 2.0 foot drive way: instead of a 50 foot drive way as required by Public
• Page 275.
October 23, 1979
79-
October 23, 1979
- R R ~ C R R ~ R c R CS C C R R
Works.
2. Hdrold Welborn:, .Paradise. Mr. Welborn stated that a 20 foot
drive way was more than adequate to service one house, Mr. Welborn would like
to see the rules changed in regards to width of a drive way.
Hearing closed to the public and confined to the Board,
This is a quiet residential area. The easement:requ:irem.ents for a
paved road are felt to be ridiculous.
On motion of Chairman Lemke, seconded by Supervisor Winstan and
unanimously carried, finding that the proposed project will not have a significant
effect on the environment and that a negative declaration be recommended.
Supervisor Winston questioned the road limit to size of parcels and
the drive ways,
Bettye Blair, planning director, stated that the requirements are set
out for the right of ways in the subdivision ordinance. They are now allowed
something less than 60 feet. From the last ordinance there was no flexibility.
If the Board takes an action like this it is a continuing situation. She would like
to recommend having it brought back.
Supervisor Winston stated that it was reasonable to him that Mr.
Welborn stated the old standards set one size parcel and it takes certain items
that was going to be decided into a decision.
Ms. Blair stated they keep coming back with certain lot frontages
on the.,roads-as there: are. no. ~ provisions. Paradise has a unique area.
Chairman Lemke directed staff to look over the ordinance. He would
have no objeci:.ions as long as they apply some logic to their decision.
Ms. Blair stated it would give the Advisory Agency to have more
tolerance.
Chairman Lemke stated that according to the Advisory Agency's minutes
they hove to go by the book.
Mr. McDonald stated one of the things the Board has left is requirement
of a 60 foot access off a county road. Edwards Lane is a 20 foot right of way. On,e
other;condition that exists, what do we do about the 60 feet.right of way.
Supervisor Winston stated that Edwards Lane was an existing road for
a number of years. You could use in the ordinance special consideration for these
type of considerations,
Mr. McDonald stated he was in full agreement with Ms. Blair, they
should be able to work out these situations and not take up the Boards time with
appeals with 60 feet requirements.
On motion of Chairman Lemke, seconded by Supervisor Winston and
Page 276.
October 23, 1979
Z9-
a
October 23, 1979
o - - ~ a ~ _ - - - - _ - _ - _ - - v - .... o o v a a
unanimously carried, finding there is a negative declaration and the project is in
conformity with the General Plan that the appeal be up held and delete from 60 feet
off of Edwards Lane and allow Mr, Lambert to have a 20 foot drive way.
ADOPTED ORDINANCE 2056 PUBLIC HEARING; FRANKLIN BRAZELL PROPOSED
NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT AND REZONE
FROM "A-2" (GENERAL) ANp "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 AND CONDITION # 22 -- FENCING
T e pu lic eating for Franklin Brazell proposed negative dec oration
regarding environmental impact 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 Renshaw Avenue and on the east side of Cussick Avenue and Renshaw Avenue,
AP 42-07-24, 15l and 152, Chico was held as advertised,
1697
Betty Blair, planning director, set ouh the background on this project,
This PA-C has the required conditions of approval, The Board h'as the Planning Comm-
ission'sminutes and recommendations, They contain 22 conditions, .Ms, Blair noted
there was a letter under communications which she had not received a copy regarding
the "PA-C". It is is conformity with the Genera! Plan. Ms. Blair stated she would
like to reserve the right to discussion after finishing with the hearing process,
Earl Nelson, environmental review director, stated the project is in the
vicinity of the area rezone of part of northwest Chico project that was studied for
many months by the county, An impact report had been prepared in the northwest
Chico area. The checklist points use is in conformity, Conditions should take care
of the problem of Cussick Avenue traffic hazard, Their department recommends a
conditional negative ueclaration,
Hearing open to the public. Appearing:
1.. Randy Coy, from Dan Drakes office, Chico. Mr. Coy read from,
a prepared statement from Mr. Drake. Mr. Coy displayed several pictures of the
proposed project and stated they hoped to preserve the privacy of the occupants with
their unique fencing.
Chairman Lemke questioned the fencing at the corners and poor visability.
Mr, Coy stated they wi I I be having automaticaoor openers that wi I f
help some of; the problem. There is no fence at the perimeter
2. Frank .Brazell, Chico. Mr. Brazell stated they had started the project
about two years ago, There was discussion regarding traffic within the unit.
Hearing' closed to the public and confined to the Board,
Ms, Blair had concern regarding the fence. The people would have to
step out into the roadway in order to open their garage door. On the map it was
difficult to determine where the patios were. She felt they should remove al[ of the
fences, you do need privacy ' ::_ maybe at the corner it could be given some other
location.
Page 277.
October 23, ]979
79-
d
____ ______ _October23~1979____~~ ____~_~__
- - - - C O - . - - - .... C ~ ~ ....
Chairman Lemke demonstrated a way to handle the blind corners at an
intersection.
There was discussion regarding including the appeal of conditon #22
with the "PA-C" rezone. Or if it should be brought back in a couple of weeks.
Dan Blackstock, county counsel, felt this was a "PA-C" and could be
heard all at once.
Bill Densmore, Rolls Anderson and Rolls. Mr. Densmore stated the speed
in these units are low usually i0 miles an hour.
Chairman Lemke questioned the safety factor in regards to backing
from the garage.
Ms. Blair questioned the visabil.ity of backing into the street with a
6 foot fence blocking the view,
Mr. Densmore stated that from an engineers standpoint it did not create
a problem.
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, that although the proposed project could have asignificant
effect on the environment, there will not be a significant effect in this case because
the mitigation measure; listed below have been added to the project and a conditional
negative declaration is recommended:
1, Submittal of site grading and drainage plans to Public Works.
2. Frontage improvements along Cussick and Henshaw to decrease safety hazards and
promote drainage.
O.,n motion of Supervisor Wheeler, seconded, by Supervisor Winston and
unanimously carried, finding that the proposed project is in .conformity with the General
Plan and approved the 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 by deleting condition #22; adopt Ordinance 2055
with the following conditions and authorize the Chairman to sign:
1, Submittal of site grading and drainage plans to Public Works.
2. Frontage improvements along Cussick and Henshaw to decrease safety hazards and
promote drainage,
3. Submit road and drainage plans to the Department of Public Works for approval
and install the required facilities,
4, Provide 20 ft. radius property line returns at all street intersections,
5. Provide right-of-way for standard No. S-5 at al I street intersections,
6, Indicate a 50 ft, building setback line from the centerline of Cussick Avenue and
Page 278.
'. October 23, 1979
79'-
a
October 23, 1979
o-_ c a o e e- c e e o c o e n e o o e o o e c= o o m o o a s
Renshaw Avenue.
. Street signs shall be provided by..the developer at all street intersections per County
requirements. (Submit 5 alternate street names for each street to the County address
coordinator for approval of street names.
. Deed 30 ft, from the centerline of Cusick Avenue and Renshaw Avenue plus 20 ft,
radius return to the County of Butte.
Construct half street section on Cussick Avenue and Renshaw Avenue including
"not a part" to RS-2A major road standard with vertical curb, gutter, and sidewalk
and 2" AC, 8" AB, SC 250 prime and fog seal and 95% relative compaction. Submit
design to County Department of Public Works for approvalo "R" value determinations
and other data may be required to support section design.
10. Provide monumentation as require~by the Department of Public Works In accordance
with accepted standards.
11, Street grades and other features shall comply with the Butte County Ordinances, design
resolution and other accepted engineering standards.
12. Provide. permanent solution for drainage, including Cussick Avenue storm drainage
fee of $900/acre.
13, All easements of record to be shown on the final map.
14. Meet requirements of Butte County Fire Department or other responsible agency.
15. Street lighting shall be provided in accordance with Butte County requirements
accepted design criteria and recommendations of PG&E..
16. Meet requirements of a[I utility companies.
17. File a tentat.ive~and final map and pay appropriate fees.
18. Provide a letter or other documentation from the California Water Service Company
that they are willing and able to supply domestic water to the development, The
fetter should include any prerequisite that they may have.
19. Provide a sewage system design that meets the requirements of the California State
Regional Water Quality Control Board and the Butte County Health Department.
20. The proposed sewage disposal layout will require the useage of ten (101 fee` of
Renshaw Avenue and Cusick Avenue set-backs. Apply for and obtain as part of
your approval, permission to install leach lines within forty (40) feet of the center
lines of Renshaw Avenue and Cussick Avenue.
1. Within the Home-Owner's Agreement or other acceptable manner, provide for the
maint~-enance and repair of the sewage disposal systems.
. Landscape plan is to become a part of the development plan.
, Main driveway from Cussick Avenue to Renshaw Avenue to have a minimum of
36 foot width, remaining driveways to have a minimum 24 foot width, with minimum
Page 279.
•• October 23, 1979
79'-
b'
1698
_ _ October 23, 3979 _
structural section to be the same as shown on the first sheet of revised map
received August 6, 3979, (Minimum section to be vertical curb, 2" AC, 4" AB,
SC 250 prime coat, fog seal and 90% relative compaction,)
Applicant must also comply with all other applicable State and local statutes,
ordinances and regulations.
APPEARING: RUSSELL CRONINGER
Russell Croninger stated on October 11 he received a letter 'regarding
the _ Highway 32 limited access, He had been personally working on this project
for 18 months with Caltrans and the county, The County of Butte was'to be the
applicant. In April or Jule of this year he was notified that Caltrans would be the
leading agency and the County the applicant. Eighteen months ago he had recommended
to Mr. Nelson that he would like to have an environmental draft document so the
county would not have to pay their money-for it as he had the people who would back
him to finance it. Now it is required and Mto Nelson says he does not have the fundsp
Earl Nelson, environmental review director, set but the reasons for the
delay, When they initially evaluated the split they were not aw:are~of access problems,
At that point the tentative map had already been approved and they could not work
on the project until they had a county project to tie it with. His special services
budget was used up at the time of the requesto And~in anticipating the Planning
Commission's projected rezones ahd requests he did not feel they had the funds,
Chairman Lemke questioned if the landowners in the area could be
contacted to see if they would help fund the reporto He felt that those that come in
on the coat tails should be willing to share, Chairman Lemke stated there was a
fund set up for such studies that it would be paid back to the people who developed.,
The Chairman suggested they get to gether with Mr. McDonald and see if something
could be worked out like the Cussick projects
Bettye Blair, planning director, stated that the Land Use Element on
Highway 32 was becoming more criticalo There is an area that is in the unclassified
"A-2" zoning.
Chairman Lemke stated not just the roads in mind but the Planning
Commissions future moveso
M~•. Blair stated if they get in the position of encroachment~until they
have a Land Use Element it can be resolved, If we are .put in a position of a road
approach now we have to use it.
Mr, Nelson stated that Caltran had innovated the highway land. the. _ ~:
Commission would not approve it until zoning had been establish.
Mr, Croninger discussed the problem of filing the parcels maps a7d
if they were dropped there was no return of feeso He did not feel he could appropriate
the funds at this time of all of the access approaches, He would I ike some advise
or direction from the Board to the Environmental Department as to what the next step is.
Chairman Lemke stated he was not going to sit there and ask the Board to
take money from the reserve for use as a highway access.
Page 280,
October 23, 3979
79-
1699
1700
1701
1702
October 23, 1979
0 o v v m~ v~ ._ n ._ ... v~-- ,- _-- e--- c o e---- o m a a a a
Mr.-Croninger questioned the decision of the 60 foot road access on a
previous appeal before the Board.
Supervisor Winston felt that the subdivision review committee has to
be given some latitude,
APPEARANCE: PATRICK PORGANS
Patrick Porgans, Chico. Mr. Porgans presented the Board with some
written information and stated he would limit his presentation to five minutes. He
spoke of his concern of the funding of the Consumer Protection Unit. He was concerned
about the victims that fall prey to the white-collar criminals. He stated the Safeguard
Protection Agency supports the ruling by the court and is opposed to any action by this
Board to appeal the court's decision.
APPEARANCE: WILLIAM'HOUSTON
Mr, illiam Houston, Berry Creek. Mr. Houston was unhappy with the
court ruling regarding the Consumer Protection Unit. He discussed his feelings regarding
taxes and Proposition 13. He was unhappy with the excess profits that the of I companies
have made,
APPEARANCE: LORNA .BARTH
Lorna Bart ,Butte County Historical Society, Mrs. Barth questioned
the wording in the 25 year lease they had received from the county regarding the
building they were to occupy when the County Assessor's office moved out. It stated
they would receive 90 days written notice for eviction. That all improvements would
become the property of the County, She felt it was not a 25 year lease it was a 90
day lease. She had called Senator Johnson and there is a bill being drafted that should
help with this situation.
Dan Blackstock, county counsel, stated he had tried to draw up a
document with alandlord -tenant lease with some reasonable protections. County
Counsel is to get together with the Historical Society and discuss this matter.
RECESS: 1;06 p,m o
RECONVENE; 1;15 p.m,
WAIVED READING OF ORDINANCE AMENDING SECTION 20-bb OF THE COUNTY
CODE RELATIVE TO APPEALS ON SUBDIVISIONS
T ere was discussion of County Counsel's report concerning the Harold
Welborn appeal that was continued from September 11, 1979 and October lb, 1979.
Dan Blackstock, county counse! stated that procedurally Mr. Welborn's
appeal on the use permit was up. He would not be in a position to sell them until
the final map was finalized and subject to the conditions, Mr. Blackstock was
submitting an ordinance that would allow such an appeal.
Chairman Lemke stated he realized some kind of line had to be drawn.
Or~there will not be enough time for all of the people to appeal, There are always
exceptions.
Mr. Blackstock stated the ordinance he had proposed had three conditions,
Mr. Blackstock set out the conditions in the ordinance.
Page 281,
October 23, 1979
79-
October 23, 1979
c o o c n a e o~ o o c o e o o a o r ~-- v e ~__ a_ m c c c c
Supervisor Winston left the room.
Mr. Blackstock stated that the Subdivision Review Committee is setting
rp conditions of Public Works or the Health Department. The people don`t know what
the conditions are. Hopefully that is being changed so it is set out and an individual
~~nows what condition he can appeal to.
Supervisor Winston returned.
Harold Welborn, Paradise. Mr. Welborn stated he had timely filed but
Planning Commission had placed a RS-10 road standard and he was not sure what this
meant.
Supervisor Dolan stated considering the number of appeals they have
now it would defeat the purpose of setting it up. It should be set up so everyone
knows what is expected from the start,
Chairman Lemke stated it would be best if they placed a six month limit
that would allow you do go through the procedure.
Mr. Blackstock suggest on line 22 of the proposed ordinance inserting
"one year from the 1~ day appeal period expires". Mr. Blackstock suggested waiving
the first reading of the ordinance and adopting it next week and it could go into effect
30 days from that time.
Supervisor Winston felt as iSupervisor Dolan did, that they were going to
create a more lengthy appeal process.
Mr. Welborn stated he was not in any hurry and was willing to wait for
he 30 day period.
On motion of Supervisor Winston, seconded by Supervisor Moseley and
unanimously carried, waived the first reading of the ordinance extending the appeal
period for one year date of approval of map provided three conditions as met by
county counsel except circumstances made it impossible for a timely appeal.
If it was felt this was too burdensome the ordinance could be rescinded.,
1703 ~ REJECT CLAIM OF HAROLD.L. WELBORN, PARADISE HELD OVER
Dan Blackstock, county counsel, recommended tTiat tTie claim submitted
by Harold~L. Welborn, Paradise be rejected in the amount of $3,743.66 plus accruing
interest in follow-up to litigation concerning the Paradise Branch Library construction
contract completed on May 29, 1976. Mr. Blackstock stated the claim had not been
timely filed and the matter has been already litigated.
A motion by Supervisor Moseley, seconded by Supervisor Dolan to reject
the claim of Harold L. Welborn, Paradise.
Supervisor Winston questioned if Mr. Welborn had been the victim of
circumstances.
Mr. Blackstock set out the background of the problem with the Paradise
Branch Library construction project.
Page 282,
'. October 23, 1979
79-
October 23, 1979
c c c- c a_- c~~ c--- a c a o e e= a e o m o a m a a m c
Mr. Welborn stated that back in September 2, 1976 that the Board of
Supervisors had voted 5-0 to accept the responsibility for the problem they had.
Mr, Blackstock stated he would have to look further into the case as
he could not recall -all of the details.
Clif Mickelson, administrative officer, stated he was not sure if they
sti I I had the tapes that far back .
Supervisor Winston would like to see all of the old minutes and ,newspaper
accounts and if Mr. Welborn should get the money then this Board should live up to
the vote of the Board.
Chairman Lemke instructed the Administrative Officer to research and
distribute to the Board and to transcribe the tapes if they were available and distribute
at the next meeting.
`No action an motion taken. _.,
1704
APPROVED ROBERT BEEVER AND LEE FICKES APPEAL OF ADVISORY AGENCY'S
DENIAL OF PROPOSED NEGATIVE DECLARATION AND TENTATIVE SUBDIVISION
MAP, AP 30-38-04, .i2 LOTS, EAST SIDE OF 16TH STREET AT THE INTERSECTION OF
PLUMAS AVENUE, THERMALITC~
T e c osed Baring for Robert Beever and Lee Fickes appeal of Advisory
Agency's denial of proposed negative declaration and te~tati.ve subdivision map,
AP 30-38-04, 12 lots, east side of 16th Street at the intersection of Plumas Avenue,
Thermalito was held at this time,
Hal McDonald; assistant public works director, stated that condition
#5 of the TSM be revised to RS-lA road standards, And to include condition #14,
#15 and #T6,
Robert Huskey, engineer. Mr, Huskey stated that was basically~~what they
had discussed last week.
On motion of Supervisor Moseley, seconded by Supervisor Winston and
carried, the the appeal be upheld; the Robert Beever and Lee Fickes proposed negative
declaration and tentative subdivision map, AP 30-38-04, ]2 lots, east side of 16th Street
at the intersection of Plumas Avenue, Thermalito was approved subject to dll conditions
listed below:
1 , Submit road and drainage plans to the Department of Public Works for approval
and install the required facilities.
2, Provide right-of-way for standard No. S-5 at all street intersections,
3o Indicate a 50-ft, building setback line from the centerline of all streets.
4, Street signs shall be provided by the developer at all street intersections per
County requirements, (Submit five alternate street names for each street to the
County address coordinator for approva! of street names,)
5, Construct one-half street section on loth Street and Plumas Avenue to RS-1A road
standard with vertical curb, gutter, and sidewalk and 2" AC, 8" AB, SC 250 prime,
page 283.
Octo'uer 23, 1979
79;-
a
October 23, 1979
_ _ _ _ a _ - _ _ - _ _ _ = c ~ - _ _ _ ... ... a m c a a a
fog seal and 95% relative compaction. Construct full street section on interior
street to SRS-lA access road standard. Minimum structural section to be 2" AC and
$" AB with fog seal and 95% relative compaction. Submit design to County Depart-
ment of Public Works for approval. "R" value determinations and other data may
be required to support section designo
b, Provide monumentation as required by the Department of Public Works in
accordance with accepted standards.
7. Street grades and other features shall comply with the Butte County Ordinances,
design resolution and other accepted engineering standards.
8. Provide permanent solution for drainage.
9. All easements of record to 6e shown on the final map.
10. Meet requirements of Butte County Fire Department oirother responsible agency.
11. Street lighting shall be provided in accordance with Butte County requirements,
accepted design criteria, and recommendations of PG$E.
12. Pay off assessments,
13. Meet requirements of the utility companies.
14. Install note on map prohibiting further division of all parcels unless full, appropriate
urban improvements are installed.
15, Deed one-foot strip in fee along northerly side of subdivision for no-access strip,
16. Sign and record covenant insuring construction of concrete curb, gutter and side-
walk along 16th Street to be installed at the time of any other urban improvements
within one block. Covenant to be insured by all subdivision, rather than only
two lots.
Vote on the motion:
AYES; Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolan
Motion carried.
1705 APPROVED REVISING BY-LAWS OF THE COUNCIL OF SENIOR CITIZENS
Mr. Hal Bis op spo a to t e Board concerning t e current status of the
Senior Citizen's Councils operations.
Mr. Bishop stated he would like to call the Board's attention to the
name change to Commission on Aging of their board of directors, The reason is they
wish to be recognized Igsand less with the state wide AAA, They would like to
change their name. Supervisor Winston and Chairman Lemke are aware of this., They
would also like to be reimbursed for mileage on official business of the Commission,
Mr. Bishop stated when they started the group it was about $500 to $600. The council
is sending a letter regarding the monthly meetings as they are scattered throughout the
county, They had tried to hold meetings in the various towns but had received very
Page 284. •
• October 23, 1979
79-
~5
October 23, 1979 _ _ _
a ~a a a a a a- - .- a- o -- c G a a a a-- a a-= a c a n a c c
little attenance from the communities. They felt by using the newsletter the expense
of postage and secretarial time would be less than the mileage costs, In regards to the
relationship of the AAA and the nutrition program, the 1978 revised amendments could
regulate special area Agency on Aging substituting for the state office. All of the
money will be channeled in that area. Mr, Bishop displayed a map that was distributed
to the Board members showing Chico as being in the center geographiclly for the five
counties counci I northeast. In order to set up a AAA organization they need a task force
of 15 people. Mr, Bishop discussed the last meeting held in Colusa. Two organizations
in the Chico area showed interest in joining the AAA. They are California State
University Chico Foundation and Enloe Hospital. Mr. Bishop set out the background in
join:i:ng the AAA. Mr. Mc Naughton presented a plan to the five counties regarding
applying for the grant in supplying the food and meals, They did not want to make the
project to put county against county. He did not have an opinion on which group
would emerge.
Supervisor Winston stated at the two meetings he had attended there had
been bitter discussions regarding the nutrition program. :Supervisor Winston talked
about the fact the county was applying for the grant. '
Mr. Bishop stated some of the~ewspaper reports had been incorrect, The
last time he appeared before the Board he was in opposition to the '"contract with the
Department of Aging. He felt it was unfair to the supervisors, The contract is adding
over $1,000,000 with the grant and they went broke in September. He felt the Depart-
ment of Aging would come through with enough money to live with,
Clif Mickelson, administrative officer, responed to Supervisor Winstorl's
question as to why the county was in this nutrition thing all.of a sudden by stating it
was an emergency program they had agreed to through January 1, They want to find some
agency or agencies to continue from January 1 to October 31 , The Board made a
motion of intent to provide the nutrition service for this coming year for the five
counties but only if the counties agreed.
Mr. Bishop stated Mr Mc Naughton attended the Colusa meeting and very
softly introduced the program. The CAA is not anxious to serve Butte County if they can
get someone else that will help,
Supervisor Winston stated he felt it was unfair of the members to be using
their own money for gas and expenses. He would urge this Board to see that the
volunteers be paid for their actual mileage.
Mr. Bishop stated that part of the by-laws change was included for the
mileage allowance,
On motion of Supervisor Winston, seconded by Supervisor Dolan and
unanimously carried, .approved.... the revised by-laws of the Council on Senior
Citizens,
Mr. Bishop stated it was difficult to ce~rdinate services because of
getting everyone together, They had operated over a year before they got the
nutrition program established in the Oroville senior center on Meyers Street,
Supervisor Winston stated Mr. Bishop was a dedicated man and he had put
in over 100 hours into this programo He hoped he would get together with C.A.It,D.
page 285.
October 23, 1979
79-
a;
]706
October 23, 1979
aril the other senior group and work out their differences b<
Board .
DISCUSSION: APPEALING COURT'S DECISION REGARDI
UNIT
Chairman Lemke questioned whether or not to
courts decision on the District Attorney's Consumer Fraud Ui
Dan Blackstock, county counsel, stated the c
decision. There is no writ of decision but it is forthcoming
and unti I that time they are not mandated. If they decide
writ unless the court will be adjudged. They have requeste
have not appealed the issuance. Mr. Blackstock stated it
last night upon hearing of the courts decision a notice cone
sent out.
~ a i' d Cf.1'
'e they came back to the
CONSUMER FRAUD
forward and appeal the
rrt has given its notice of
r the immediate future
appeal that will'stay the
a finds of fact and they
s his understanding that
Wing the lay offs were
Jim Rackerby, personnel director, stated he h d checked with the court
and then sent notices to the individuals to report to work on Wednesday, If he was in
error instruct him and he will notify the employees to not re ort to work after Wednesday.
Mr. Blackstock stated the proposed judgement and writ is before him nor as
to approve the form. They are waiting for him to send back to the District Attorney
to see what type of decision they are going to make. The it will be issued today if
he returns it today.
Mr. Blackstock set out the background regardi g the proposed judgement
and writ. If they want to take the appeal to court that ii~wa an incorrect interpretation
of the law. The court usurped in an area it should not be in. They had argued in
court as to the constitutional law of the Butte County Chart r. The question is 1) Do
they wish to appeal.; and 2) If they appeal what do they do ith the cancellation
notices to personnel. Mr. Blackstock felt they should not g t involved .in that and
leave the people in the office. His concern is the last use i the judge's ruling on
page 4, line 9,-,10 and 11. Mr. Blackstock stated the unit ould go until June 30 or
July 1 and then they would terminate it.
Clif Mickelson, administrative office, stated he amount had been
$126,000 before salary adjustments.
Supervisor Dolan stated she did not support an appeal as it would not serve
any useful purpose. She would like to stop fighting about t is.
Chairman Lemke stated he disagreed. This w Id establish a precedent
was not fighting the ruling the judge made but the fact they have no control over the
budgefi that they are responsible for. He did not know how ar it would go.
Supervisor Wheeler stated when she first-heard of the ruling she was not
in favor of appealing the decision but had received many to ephone calls telling her
they objected to the authority the court is superceding of th Board. They felt it was
a budgetary decision they had made and the courts should n t interfere. It would be
setting a very dangerous precedent.
Mr. Blackstock stated Judge Watt's decision as that this was not a budget-
ary decision that it was a decision that had the effect of stri ping the District Attorney
Page 286.
Oc oljer 23, 1979
_.._
..._. ~,
_ October 23, 1979
n~ xx n o c c o n~ = a a m= q e
7q- from the type of protection that he should, have. In any appea~ we wou~d ~e arguing t~,at
b. it would be improper counts.
Chairman Lemke stated even if the appeal was upheld it did not answer the
budgetary problem as to who has the fourth vote. If it was denied it would only reinforce
this objection case and not answer the Board`s questions,
Mr. Blackstock stated they could take this up on appeal, They wouEd argues
thai~he courts decision is not supported by any evidence. In that decision you would have
possibly a rehash of the Hicks case.
Chairman Lemke questioned Mr, Blackstock that his advise is that
appealing will have no bearing on what we are trying to get at.
Mr, Blackstock stilted an appeal may or may not get what they were
trying for.
Supervisor Winston stated he would oppose the appeal.
Supervisor Winston left at this tine..
- Chairman Lemke wished to withdraw his motion to appeal, If any other
avenue is possible to remove what he.considered,-.damages, A precedent i ike this
finds whether through legislature how the Board of Supervisor's retain budgetary
control without everybody being dissatisfied. By getting budget action against the
Board and being the bth vote.
1707 APPEARANCE: JACQ:UELI:NE,NOOD
Jacqu s.n: Hood, representing the Butte County Council of Senior Citizens
Committee spoke regarding their concerns of establishing an additional senior center in
Chico area, She felt they should be cautious as to the physical r-esponsibiiities such
as the maintainance costs and staffing. She was concerned that there is already a
successful senior program and that. there would be duplication of `services that are
already existing and being wasteful of county money. She felt they should canvass
the seniors to see if they still want an additional center or services before they
address the needs of the entire county.
Chairman Lemke staled he did not know how it could be a mystery.
There had been a workshop at Melody Hall in Chico to determine the needs of the
senior citizens. He suggested that Mrs, Hood and her group get together with Mr,
Bishop in the hall and discuss their concerns.
Mr. Bishop stated he had a six page document that would answer quite a
few of the questions raised by Mrs. Hood.
RECESS: 3:10 p,m,
RECONVENE: 3:30 p.m,
Supervisor Wheeler absent.
1708 CONTINUED FOR ONE WEEK BUDGET TRANSFERS
Budget transfers were continued for one week as there were only three
Board members present.
Page 287,
October 23, 1979
October 23, 1979
a s a c a a s s c c a c a a s s c a a a a a c c c c c c s a c c o c a s a
79-1709 APPROVED FAMILY SERVICE ASSOCIATION AGREEMENT WITH MENTAL HEALTH
v, CONSULTANT
On motion of Supervisor Dolan, seconded by Supervisor Moseley .and
carried, an agreement with the Family Service Association to provide the Head Start
Program with a mental health consultant who will assist the Health Coordinator in
screening and checking children with possible special needs from the period of
September 24, 1979 through December 14, 1979 at a cost of $1,703 was approved
and the Chairman authorized to sign.
1710 APPROVED SUBMISSION OF HEAD START SPECIAL HANDICAP GRANT
On motion of Supervisor oseley, seconded y Supervisor Dolan and
carried, submission of a Head Start special handicap grant through the Community
Action Agency to receive $4,665 for serving 20 families in the Head Start Program;
also to include funds for the Family Service Association agreement in preceding item
as well as 704 hours for special needs aide in follow-up treatment by a therapist
was approved.
1711 APPROVED RECLASSIFICATION OF COMMUNITY ACTION BOARD ACCOUNT
CLERK
On motion of Supervisor Moseley, seconded by Supervisor Dolan and
carried, the reclassification and authorize advancement of the incumbent to the
higher class position of account clerk 11 at the beginning step of salary range to
be effective August 22, 1979 in accordance with the Personnel Policy manual was
approved.
1712 APPROVED MERIT INCREASE OF EXECUTIVE DIRECTOR OF COMMUN]TY ACTION
AGENCY
On motion of Supervisor Dolan, seconded by Supervisor Moseley and
carried the merit increase to step C for the Community Action Agency Executive
Director was approved.
1713 APPROVED SUBMISSION OF WEATHERIZATION PROGRAM -ROUND IV GRANT
TO THE STATEOFFICE OF ECONOMIC OPPORTUNITY
On motion of Supervisor ose ey, seconded by Supervisor Dolan and
carried, the submission of Weatherization Program -Round IV grant application to the
State Office of Economic Opportunity in the amount of $47,037 in Department of
Energy Round IV home weatherization funds to provide materials, tools, transportation,
storage and on-site supervision needed to weatherize 144 low-income occupied homes
to operate from .lanuary 1 through December 31, 1980 was approved and the Chairman
authorized to sign.
1714 APPROVED INCREASE IN PENALTY FEES FOR THE LIBRARY AND AUTHORIZED
°LIBRARY FINE FREE WEEK"
Supervisor Moseley questioned charging for library cards.
Clif Mickelson, administrative officer, stated it was possible but it is
a free I ibrary,
Chairman Lemke siggested chargirg for the library conference rooms,
He stated the Veteran Memorial Hall's charge for use of their rooms.
Mr. Mickelson is to take a look at the situation.
• Page 288,
October 23, 1979
79-
a
1715
1716
October 23, 1979
s o a m m m a s a o o e m a s e a c a a o s- c sa a- a a a a s c o c a
On motion of Supervisor Dolan, seconded by Supervisor Moseley and
carried, to increase the library fine penalty from 2~ per day to 10~ per day beginning
November 19, 1.979; and conduct acounty-wide "library fine free week" for the
period November 12 through 17 that will enable the library to redeem missing books
was approved.
APPROVED FOLLOWING PUBLIC WORKS ITEMS
On motion of Supervisor Moseley, seconded by Supervisor Dolan and
carried, the approval of the following Public Works Department items with the
exception of the transfer of funds from the road .reserve on Contract Change Orders
No. 1 and No. 2 were approved:
1 . Approved.'right:of::way acquisition agreemerrt~for. sale '-:Foothill
Boulevard 21574-+78=L;:aufihorize;:Ghairman to sign and authorize Auditor to issue
warrant upon demand of the county escrow agent:
Charles F, Lueder et ux. 0.09 acres at $162. $400 - Improvements Total $562
2. Approved Contract Change Orders No. 1' and'No. 2 Humboldt Road
Bridge over Colby Creek, Project No. 91422-76-1; Contract Change Order No. 1
in the increased -:mount of .$1,.144.51 and provides for increased concrete wall thick-
ness at abutments 1 and 2. Contract Change Order No. 2 provides for placing
conduits in the bridge for Pacific Telephone Company with Pacific Telephone paying
the contractor;,authorize the Chairman to sign.
3, Accepted the work" of~Jerome Bolander for Humboldt Road Bridge. at
Colby Creek, Project 91422-76-1 as all work' has been completed in "accordance`vrith the
plar~s qd sp cific tiops; a thhoriz d Chairtn :n fio ~ ign ~once of Completion and author-
Szed f~ing oef the ~lotice o~ Compe(etion w~t~i the ~ecorder,
APPROVED MOTION OF INTENT REGARDING PROPERTY EXCHANGE AND BICYCLE
PATH DEVELOPMENT IN THE GUYNN AVENUE AND LINDO CHANNEL AREA
Dan Blackstock, county counsel, stated this was property that had been
received from Annie Bidwell. There has been recent legislation and. Mr. Blackstock
believed the Board had given back the river park section. That particular grant was
between the County of Butte and the State and the certain conditions were not a
flat fee grant it was to be used by certain purposes only. Mr. Blackstock felt it
should be taken off the agenda and his office see what they could do to handle it as
they cannot convey this property and give free title.
There was discussion regarding a house on the Stratter private piece
of land and the bike path, There being two wedges of land
Mr. Blackstock stated he would like to determine the "exchange of
real property" and hopefully they can get a legal description to go with it. At the
time this was originally granted the description was vague,
On motion of Supervisor Dolan, seconded by Supervisor Moseley and
carried, that a motion of intent to a property exchange and bicycle path development
in the Guynn Avenue and Lindo Channel area. wifh a private owner in consideration
of an offer by the owner for construction and maintenance of a bicycle. path along
Lindo Channel was approved, to be brought back by County Counsel whether it is
proper for the protection of the ?Bidwell Park maintanence,
Page 289.
October 23, 1979
79- 1717
~+
1718
October.23, 1979
o~ ~a- a~ v ~ v e v a v v a v a w v G a v v a a a m m a a e r a -a a, s v m m v
I~ISTRUCTFD.:- PUBLIC WORKS TO PROCEED WITH INSTALLING PUMP IN CSA #40
Hal McDonald, assistant public works director, stated there was a
problem with a pump malfunctioning in CSA X40. It would cost .$2,000 to repair or
replace the pump. The Service Area budget has only $1,500 in it. They might be
coming back with a request for a larger amount.
ADDITIONAL MATTER B1GsCHAIRMAN LEMKE
~~'~ Chairman Lemke stated there was a problem with the cable across Sunset
Lane in Paradise. When it was before the Board previously they decided it was a civil
matter and should go to civil court. The first part of this month a notice was placed
in the Coldren area stating the road would be closed and cabled as of October 31 .
That in order to proceed through the cabled area they would have to stop their car
in the middle of the Skyway, •~One.:famJly.on.Coldren requires three bottles of oxygen
a wee!< and the rescue units could not get through. The liability imposed on the people
is staggering..
On motion of Supervisor Moseley, seconded by Supervisor Dolan and
carried that County Covnssl to proceed with a restraining order to keep the cable
from going up on October 31 on, Coldren and get the one on Sunset down.
ADOPTED.ORDINANCE 2057 AMENDING ORDINANCE 2052
On mo't:ion of u~rvisar Mo~ seTey, seconded y~upervisor Dolan' acid
carried, Ordinance 2057 amending Ordinance 2052 an Interim Ordinance ?ooing a
portion of the 'County of Butte, State of California an "A--5" (agricultura'1 district
was adopted and authorized the Chairman to sign,
ADOPTED ORDINANCE2058 AMENDING CHAPTER l5 OF THE BUTTE COUNTY
CODE RE_L_A_T_IN_G TO LITTER CONTROL
On motion of Supervisor Dolan, seconded by Supervisor Moseley and
carried, waived the second reading of an ordinance amending Chapter 15 of .he
Butte County Code relating to litter control and adopt Ord'vmance 2058; authorize
the Chairman to sign..:
CONTINUED'FOR ONE WEEK REPORT ON CLAIM FROM CALIFORNIA RURAL
LEGAL ASSISTANCE (CRLA) ON BEHALF OF 12 CLAIMANTS IN THE HONCUT
AREA
The. report from County Counsel regarding the claim from California
Rural Legal Assistance. '(CRLA) on behalf of 12 claimants in the Honcut area was
continued for one week,
DlSCUSSIONs LETTER TO THE STATE AtR RESOURCES BOARD
Dan Blackstock, county counsel, stated he had not prepared a letter
to the State Air Resources Board.
Chairman Lemfce stated the letter should point out what came aut of
Wednesdays meeting.
Supervisor Doran stated if Mr. Blackstoek would draw up a letter she
would help and they would go ahead and send it.
APPOINTED MR. JAMES M. HEARST TO CHICO MEMORIAL HALL COMMITTEE
On motion of Supervisor Dolan, seconded by Supervisor Moseley and
carried, that Mr. James M. Hearst be appointed to the Chico Memorial Hall Committee
to replace Mr. Hayes. Page 290.
• . October 23, 1.979
79~ 724
1725
1726
'! 1727
_____ _______ October23~ 1979_
__ ~~ .,_ ... ~--- o o- n- e o -_ o -_ - -_ _- e a e a Q o
DISCUSSION: REGARDING PARADISE MEMORIAL HALL COMMITTEE MEMBER MR.
JIM SERA_FI_NE
~~ Chairman Lemke stated there was some confusion regarding their recent
appointment to the Paradise Memorial Hall Committee, Mr, Serafine stated he did
not resign.
Gerald Lively, deputy administrative officer, to research the problem
and bring back a statement regarding what this Board should do.
CONTINUED ONE WEEK THE APPOINTMENT TO BUTTE COUNTY HOUSING AUTHOR-
ITY SENIOR CITIZEN TENANT REPRESENTATIVE
Continued for one week the appointment of a senior citizen tenant represent-
ative to the Butte County Housing Authority.
CONTINUED FOR TWO WEEKS DISCUSSION OF SUPERVISORIAL DISTRICT
REAPPORTIONMENT
The discussion regarding reapportionment of Supervisorial Districts was
continued for two weeks,
COMMUNICATIONS
John D. Drake, Chico. Mr, Drake writes advising that he has negotiated to purchase
the Woodcrest P.A.C. that has been submitted by Frank Braze!! and
wishes to appeal condition #22 relating to fencing. Handled earlier in
the meeting.
Dennis Stevens, Chico, Mr. Stevens writes forwarding information concerning the
John F, Connelly appeal of a denied use permit for two underground
fuel storage tanks in Chico. To be handled at hearing set for Nov-
ember 6, 1979 at 10:30 a,m.
Robert L, Fredenburg, president, CSU-Chico. Dr. Fredenburg writes expressing the
appreciation of the university to the county for support given to the
NOWCASTING Weather Service projeci• for northern California.
L•et¢er. ofappreciation; no action taken.
Rolland K. Hauser, CSU-Chico University Foundation. Dr. Hauser writes expressing
his personal appreciation to the Board for its support and encouragement
in establishing the NOWCASTING Weather Service for northern Calif-
ornia. Letter of appreciation; no action taken.
Paradise Senior Nutrition Site #17, The Nutrition Center writes thanking the Board for
its quick response in funding of the Paradise Nutrition Center. Letter of
appreciation; no action taken.
Butte County Rice Growers Association, Louis M, Anderson, chairman, writes expressing
their appreciation for the Board's concern and support of reasonable
regulations for burning agricultural wastes, particularly rice straw. Letter
of appreciation; no action taken.
Butte County Fnrm Bureau. The Farm Bureau writes expressing its appreciation of the
Board's concern and support of reasonable regulations forburning
agricultural wastes. Letter of appreciation; no action taken.
Page 291,
October 23, 1979
79-
b
:1728
1729
_ _ _ _ _ October 23, -1979
Northern-California County Supervisors Association, The association forwards its
resolution reaffirming its support to consolidate Regions Band C of the
California Council on Criminal Justice. Information; no action taken,
Northern California health Systems Agency. The agency writes forwarding information
and advising that they will be forwarding proposed amendments to
Article IV of the Northern California Health Systems Agency By-laws
for Board approval. Information; no acttion taken.
Harold L. Welborn, Paradise. Mr. Welborn submits a claim in the amount of $3,743.66,
plus accruing interest in follow-up to litigation concerning the Paradise
Branch Library construction contract completed on May 29, 1976. Handled
earlier in the meeting. To be continued one week with County Counsel to
report back with minutes or transcription.
Southern Pacific Transportation Company. The company forwards a claim for refund of
property taxes in accordance with Revenue and Taxation Code Seci-ion
5097 for the period July 1, Y978 through June 30,' 1979. See motion
following communications.
REJECT CLAIM -SOUTHERN PACIFIC TRANSPORTATION COMPANY
On motion of Supervisor Dorn, seconded 6y Supervisar Moseley and
carried, the claim of Southern Pacific Transportation Company for refund of property
taxes in accordance with Revenue and Taxation Code Section 5'1)97 for the period
July 1, 1978 through June 30, 1979 in the amount of $66,960 was rejected and
referred to County Counsel.
ADDITIONAL MATTERS BY BOARD MEMBERS
Chairman Lemke presented two letters that are to be held until the
proper hearing is held. Letters from Mrs. Ira C. Parks regarding Southeast Paradise
Homeowners Association and L. S, Bright, Woodland Hills, California regarding
support of the Southeast Paradise Homeowners Association.
Supervisor Dolan stated she had attended a meeting with the City of Chico
and county transportation committee and they have agreed on an urban and intercity
system. They came to a cooperative agreement,
Chairman Lemke stated there was to be a selection for the CSAC Board of
Directors before the meeting in November, Chairman Lemke to attend the November 6
meeting.
ADJOURNMENT
-T~ere being nothing further before the Board the meeting was adjourned
at 4:00 p,m. to reconvene on Tuesday, October 30, 1979 at 9:00 a,m,
ATTEST: CLARK A. NELSON, COUNTY CLERK-
RECORDER and ex-officio Clerk of the
Board of Supervisors
~~~~ <~~.~. J C airman, Boar o upervisors
By
Page 292.
October 23, 1979