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HomeMy WebLinkAboutM102880OF CALIFORNIA ) SS. OF BUTTE ) October 28, 1980 80- The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. .~ Present: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke. Clif Nickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk, by Nancy Wilson, deputy clerk. Absent: .Supervisor Winston Pledge of Allegiance to the Flag of the United States of America Lion by Supervisor Moseley 7.693 CONTINUE APPROVAL VF M1iVU'1'~~ 'rv Nws~rsnnn ~r i7o., The approval of minutes`'o~ October 21, 1980 were continued to November 4, 1980. 1694 (APPROVE ADMINISTRATIVE OFFICE :i7:EM5 On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the following Administrative Office items were approved: 1. Waived the first reading of a salary ordinance amendment reclassifying several clerical positions and adds a 20~ pharmacist position from extra help to regular help. 2. Waived the first reading of a salary ordinance amendment adding three additional Deputy Sheriff positions to the Sheriff s Patrol Division. 3. Authorized purchase of an IBM Selectric typewriter at a cost of $875 for the Environmental Review Department; budget transfer B-30 provides for the budgetary appropriation. 4. Authorized purchase of a Lanier Advocate II court reporting system for Oroville Justice Court it includes a base recorder and four micro- phones; budget transfer B-31 provides for the necessary budgetary appropriation. 5. Authorized relief of accountability for cash shortage .for the Agricultural Commissioner pursuant to Government Code Section 29390 and Board Resolution 75-177 in the amount of $10. 1695 EXEMPTION FROM PROPERTY TAXATION 1981-82 TAKEN OFF AGENDA A resolution in accordance with State Constitution Article 13, Sec- tion 7 and Revenue and Taxation Code Section 155.20 to exempt from property taxation in 1981-82 all real property in the county with full value of less than $400 taken off the agenda. 1696 APPROVE REQUEST FOR PENALTY ABATEMENT FOR DAVID & LORRAINE SAMUELS - DENIED REQUEST FOR PENALTY ABATEMENT On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the following peaalty abatement requests were approved or denied: 1. Authorized penalty abatement for David & Lorraine Samuels, AP 008-03-0-035-0. 2. Denied penalty abatement request in accordance with the provisions of Revenue and Taxation Code Section 483 for Lance L. Brown, AP 046-02-3-011-0. 1697 APPROVE CALIFORNIA ARTS COUNCIL AGREEMENT On motion of Supervi§or Wheeler, seconded by Supervisor Moseley" and carried, the agreement with~Californa'Arts Council for receipt of a $12,500 planning grant was approved and the Chairman authorized to sign] Page 348. October 28, 1980 October 28, 1980 8~- the Administrative -0fficer authorized to submit claims against the grant. 1698 EXCUSED SUPERVISOR WINSTON On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried, Supervisor Winston was excused from the remainder of the meeting. 1699 CONTINUE TO NOVEMBER 4, 1980 SHERIFF'S MANAGEMENT STUDY AND PUBLIC DEFENDER SERVICES REPORT Continued to November 4, 1980 the Sheriff's management study and Public Defender Services report at the request of Supervisor Winston. 1700 APPROVE BUAGET TRANSFERS On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried, the following budget transfers were approved: 8-28 - District Attorney - Criminal Justice Information System. Transfers $50 from equipment to transportation and travel pursuant to the final grant budget which was approved by the -0ffice of Criminal Justice Planning on October 8, 1980. B-29 - Sunnlemental Manvower Program. This transfer appropriates the carry forwarding funding of $3,349,871 to the 1981 federal fiscal year as authorized by the Department of Labor telegram reflected in the Board minutes of September 30, 1980; Minute Order 80-1453. B-30 - Environmental Review, Transfers $875 from office expense to fixed assets - equipment in order to provide the necessary budgetary approp- riation for the purchase of a typewriter. B-31 - Oroville Justice Court. Transfers.$2,750 from the reserve to fixed assets - equipment in order to cover the purchase~:of a court ~" reporting system needed to replace old equipment which is worn out and constantly in need of repairso B-32 - Public Health - Envioonmental Health. Transfers $600 from the reserve to fixed assets - equipment in order to provide an appropriation for the purchase of three file cabinets which was approved by the Board on August 26, 1980 but inadvertenly dropped from the Schedule b during final budget preparation. B-33 - County Counsel. Transfers $1,638 from professional and specialized services to fixed assets - equipment in order to provide a budget- ary appropriation to cover the purchase option on a vehicle presently leased by the department. Approval of this transfer will facilitate Board approval "For the acquisition of the fixed asset. B-34 - Data Processing. Provides an additional appropriation of $22,175.37 in the professional and specialized services account with funding coming from unanticigated service revenue in order to cover payment to Systems and Computer Technology for services rendered to implement the CETA grants management system. B-35 - Su lemental Man ow.er-Pro ram - vocational education. Establishes a budgetary appropriation in the amount, of $138,533 in state aid for vocational educational classroom training in accordance with the letter and approved grant received from the. State Department of Education dated September 8, 1980. 1701 APPROVE MINOR HOME REPAIR PROGRAM LOAN RE UEST - COMMUfIITY ACTION AGENCY On motion of Supervisor Dolan, seconded by Supervisor Moseley and carried, the Community Action Agency request for a loan from the Page 349. October 28, 1980 so- a 1702 1703 1704 _ _ October 28, 1980 county in the amount of $5,000 to~purchase necessary equipment and allow sufficient working capital for preparation of the .Minor Home Repair Program in the south Oroville Community Development Block Grant target area was approved; the repayment plan as set forth was approved. APPROVE PUBLIC HEALTH DENTAL DISEASE PREVENTION PROGRAM On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, Contract ~~80-64158 with the State Department of Health Services in the amount of $9,600 to implement the Dental Disease Prevention Program and; a subcontract with the Northern Sacramento Valley Rural Health Project for the conduct of the program in the similar amount were approved and the Chairman authorized to sign the contracts. APPROVE AUCTIONEER'S LICENSE AND BOND On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried, the auctioneer's license and bond of E. D. Norton for the operation of auctions in unincorporated area of Butte County which has been approved by the Sheriff and bond by County Counsel was approved. ADOPT RESOLUTION 80-227 RE: MAKING APPLICATION TO LAFCo FOR FORMATION OF COUNTY SERVICE AREA FOR STORM DRAIN MAINTENANCE Dan Blackstock, county counsel, set out the government code section 25210 relative to per parcel charges. He felt some of the sub- divisions were controversial and felt there could be the possibility of litigation. There would be no problem on a sewer charge. He suggested the subdividers should handle this on their own. Clif Nickelson, administrative officer, questioned how they could require the subdividers to provide maintenance. The Auditor is concerned with this problem. Mr. Blackstock stated the drainage facility would not be on private property. He felt the home owners should take care of this. Clay Castleberry, public works director, stated the Board had approved the Quail Run County Service Area. Various areas in Chico are maintained by property owners for the streets. .Supervisor Dolan stated the next step is final approval of the subdivision mapo if they choose not to be burdened with paying, then the county would be required to pay and they cannot afford to. She would like to see the formation of the service area 'beg~in~. Mr. Blackstock pointed out the completion of the final map shows it to be finalization of all conditions on the parcel map. The Board had reviewed the conditions and approved them, they are permanent. He had no idea what the condition permanent solution to drainage problems meant.. Mr. Castleberry stated this had been a policy direction by the Board. The Board has never conditiorieda~ubdivision for the completion of the maintenance district. To go through a final formation might take several months or a year. Usually there are no maintenance problems the first year. By that time the developer has completed all his requirements. They cannot make a condition if it was not on a tentative map. He has negotiated with the developer and he approved. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, Resolution 80-227 making application to the Local Agency Formation Commission to initiate proceedings in the formation of a county service area for storm drain maintenance within the Oak Way Estates, Walnut Woods and Big Chico Creek Estates Subdy~isions was adopted and the Chairman authorized to sign. Page 350. October 28, 1980 October 28, 1980 80-1705 APPROVE FINAL SUBDIVISION MAPS - WALNUT WOODS, OAK WAY ESTATES, SOUTHGATE ~ ACRES N0. 2. SIERRA FOOTHILLS AND GOLD HILLS Supervisor Dolan stated unless they know a service area is formed it is not a good idea to approve the-final maps. Supervisor Wheeler stated they have done this in the past and have not had too much difficulty. She felt they should direct Mr. Blackstock to research the matter father for the Board. There would be a problem if Measure A should pass and the final maps had not been approved. Clay Castleberry, public works director, stated if the Board would like to change their policy to direct the formation before the final map approval to let him know. He stated Quail .Run was not quite the same. It was formed after the final map. On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, the following items were approved: 1. .Approved final map.for-Walnut Woods Subdivision, 73 lots, AP 43-15-35 and 36, property located on the north side bf West Sacramento Avenue, 1,600 feet east of Glenwood Drive, Chico area; accept grant-in-fee right of way for Almendia Drive, Almedia Court, Colmena Drive, Blackmuir Court, Autumnwood Drive, Autumnwood Court, Placentia Drive and Marchetti Court; accept easements granted for light and air; accept easement for public utility purposes (including water, sewer, drainage, electric, gas and communication facilities); and the Chairman authorized to sign the subdivision agreement. 2, Approved final map for -0ak Way Estates Subdivision, 39 lots, AP 42-14-85, property located on the south side of Oak Way, 1,500 feet east of Glenwood Avenue, Chico area; accept grant-in-fee right of way for Autumwood Drive, Valley Oak Drive, Woodview Lane; accept easements granted for light and air; accept easement for public utility purposes (including water, sewer, drainage, electric, gas and communication facilities); and the Chairman authorized to sign the subdivision agreement. 3. Approved final map for Southgate Acres Subdivision No. 2, 20 lots, AP 40-04-36 and 38, property located on the south side of Entler Avenue, east of Midway, Durham area, (Laguna Court and Baia Court are offered for dedication, but are not accepted at this time); accept easements granted for light and air; accept easement for public utility purposes (including water, sewer, drainage, electric, gas and communication facilities); and the Chairman authorized to sign the subdivision agreement. 4. Approved final map for Sierra Foothills Subdivision, 17 lots, AP 46-71-27, property located in the west one-half of Section 7, Township 22 North, Range 3 East, Forest Ranch area; accept easements granted for light and air; accept easement for public utility pruposes (including water, dewer, drainage, electric, gas and communication facilities); (this is a private road subdivision with road maintenance agreements); and the Chairman authorized to sign the subdivision agreement. 5. Approved final map for Gold Hi11s Subdivision, 13 lots, AP 41- 25-29, property located on the east side of Oregon Gulch Road, Condor-Road and Cherokee Road, where they intersect, Cherokee area; an irrevocable letter of credit in the amount of ,7,200 has been provided in-lieu of per- formance and lobar and material and maintenance bonds on the subdivision; and the Chairman authorized to sign subdivision agreement. AYES: .Supervisors Moseley, Wheeler and Chairman Lemke NOES: Supervisor Dolan _ ABSENT: Supervisor Winston -_ Page 351. October 28, 1980 October 28, 1980 80-1706 ADOPT RESOLUTION 80-228 SETTING PUBLIC BEARING DATE FOR ABANDONMENT OF b PUBLIC UTILITY EASEMENT AND RECREATIONAL EASEMENT .PARADISE PINES UNIT 15 On motion of Supervisor Wheeler, seconded by Supervisor-Dolan and carried, Resolution 80-228 setting a public hearing date of December 9, 1980 at 10:00 a.m, for abandonment of public utility easement and recreational easement, lots-153 and 154, Paradise Pines Unit 15 for Murray Cain was adopted and the Chairman authorized to sign. 1707 REPORT TO THE BOARD ON DAN AND CATHY JENKS ZONING BY SUPERVISOR. WHEELER CONTINUED TO NOVEMBER 4. 1980 A report to the Board from Supervisor Wheeler concerning the request of Dan and Cathy Jenks to have zoning initiated to "R-3" for AP 044-33-0-016-0, property located on Burnap Avenue between Eaton Road and Lassen Avenue, Chico was continued to :November 4, 1980. 1708 COMMUNICATIONS Ran Graves & Associates, Oroville. The engineers, on behalf of 'ferry Cross, appeal the Advisory Agency's condition ~k15 on a tentative parcel map, AP 71-35-18, four lots, property located 1,300 feet south of Bald Rock Road, west of the Rockefeller Road intersection, Bald Rock area. Set for public hearing on November 25, 1980 aC 10:00 a.m. Jackson Realty, Gridley. The realtors, on behalf of Naomi Schilling, write advising of their intention to waive the 30 day requirement as set forth in the County Code relating to the extension granted on the public hearing to January 20, 1981. Information; no action taken. No on 8 Committee, The committee writes requesting that the Board endorse the county's opposition to Proposition 8 pertaining to controlling any future development of north coast rivers. See motion following communications. Butte County Historical Society. The Historical Society writes with regard to proposed parking lots in the vicinity of the Ehmann House in the downtown Oroville area. Referred to City of Oroville. Upper.-Ridge Coordinating Council. The council writes asking that the Board prohibit large trucks and related heavy equipment from park- '. ing on residential streets within the upper ridge area. County Counsel to bring back next week a county wide ordinance with no signs to be posted. City of Biggs. Mayor Calloway writes requesting that a committee be establish- ed to study a proposal to provide law enforcement in the unincorp- orated areas as a matter of routine coverage from the city police departments. Referred to Administrative -0ffice and 5heriff's Department. Golden Feather Volunteer Fire Department. The volunteers write requesting further consideration be given to keeping the state operated Jarbo Gap fire station open year around (Amador Plan). Referred to Administrative Office and Fire Department. Douglas L. Richardson, Oroville. Mr. Richardson files a claim in the amount of $300,000 as a result of alleged injuries and damages incurred in an automobile accident on July 23, 1980 on the Skyway in Paradise. See motion following communications. Page 352. October 28, 1980 October 28, 1980 80- a w Offices of Crosby, Heafey, Roach & May. The attorneys, on behalf of Western Pacific Railroad Company, et aI file a claim for refund of taxes paid in the amount of $84,607.70 on the assessed unitary railroad property far fiscal year 1979-80. See motion following communications. ert E. Boyden, Oroville. Mr. Boyden submits committee information with regard to a proposed building code for limited owner-built cabins and dwellings in designated rural areas of Butte County ("K" codes) for Board consideration and approval. Continued for Board discussion on November 18, 1980. C. Horning, Jr., phone-call from Western Union, appeals the Planning Commission decision on denied application for rezone from "A-2" to "SR-3". Set for public hearing on November 25, 1980 at 10:45 a.m. & S Investments, Chico. Mr. Gary Smith writes appealing the density requirement on their project on AP 44-33-101. Set for public hearing on November 25, 1980 at 10:45 a.m. ' Bert M. Huskey, on behalf of Ed Ehmann, appeal the Advisory Agency's fire protection condition on tentative parcel map, AP 28-08-21. Set for public hearing on November 25, 1980 at 11:15 a.m. - ommunity Legal Information Center, Chico. The Community Legal Information Center writes in regards to the Public Defender's contract. Continued to November 4, 1980 with copies to Board members. Cemetery District, Magalia. Florence Brower., secretary, writes regarding the resignation of Belle Taylor. Vacancy to be posted by Administrative Office. A letter of commendation to be sent to Mrs. Taylor. athy Rose, Chico. Ms. Rose writes regarding problems with the Family Support Division. Referred to District Attorney Will Mattly. and Welfare Director Bob Crisan. 1709 OPPOSITTON TO PROPOSITION 8 On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, the Board send a letter in support of opposition to Proposition 8 on the November 4, 1980 ballot pertaining to controlling future develop went of north coast rivers. YES: Supervisors Moseley, Wheeler and Chairman Lemke OES: .Supervisor Dolan BSENT: Supervisor Winston 1710 REJECT CLAIM - DOUGLAS L. RICHARDSON On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, the claim of Douglas L. Richardson, Oroville, in the amount of $300,000 as a result of alleged injuries and damages incurred in an auto- mobile accident on July 23, 1980 on the Skyway in Paradise was rejected; and referred to Risk Management and County Counsel. 1711 REJECT CLAIM - WESTERN PACIFIC Rt~ILROF,D COI~PL~NX . ~:'r ny On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, the claim o£ Western Pacific Railroad Company, et al in the amount of $84,607.70 for refund of taxes paid on the assessed unitary rail- road property for fiscal year 1979-80 was rejected; and referred to Risk Management Coordinator and County Counsel. Page 353. October 28, 1980 SO-1712 1713 ADDITIONAL ITEMS BY BOARD MEMBERS Chairman Lemke stated he had received a memo from the Assistant Clerk to the Board regarding a telephone request from Tom Rogers asking that his hearing be continued for one week due to: an illness. Clif Mickelson, administrative officer, stated he would try to contact Mr. Rogers to sign a 30 day waiver. Mr. Mickelson stated he was working with Mr. Davis, City of Chico, to set up a meeting date to discuss the Redevelopment Plan.; EXECUTIVE SESSION: The Board recessed at 9:43 a.m. to hold an executive. session regarding litigation. . RECONVENE: The Board reconvened to 10:15 a.m. after holding an executive session regarding litigation. There were no announcements at this time. PUBLIC HEARING: ABANDONMENT OF PUBLLC HIGHWAY. EASEMENT FOR OLD LARKTN ROAD The public hearing on the abandonment of public highway easement far Old Larkin Road was held as advertised. Clay Castleberry, public works director, set out the background on the abandonment. A map was posted on the board-to locate the inter- section. It was a request by the surrounding property owners. He had contacted the California Highway Patrol and they felt it should not be abandoned until the intersection is rebuilt. He has advised the petitioners there is no funding for rebuilding the intersection. He would hesitate to abandon this portion until such time as there is funding available. At the present time there is a stop sign and reflectors which were just placed on a pole. There is heavy truck traffic on Larkin. He suggested placing a left hand turn some time in the future after it has been realigned and constucted. They will have to acquire additional right of way for the right hand turn pocket. There are orchards and orchard related industry in the area. Hearing open to the public. Appearing: 1. Daniel Fisher, Ord Ranch Road, Gridley. Mr. Fisher stated he represented the people who signed the petition. The speed limit is posted at 35 mph. Most people do not obey the speed limit and do not stop at the signs There is a safety hazard. He agrees with Mr. Castleberry the road should not be abandoned until the necessary work is completed. 2. Charles Herrington, Ord-Ranch Road. Mr. Herrington was representing Onstott Orchard land which is located on both sides of Larkin Road. They are opposed to the petition. He would like to have the petition modified. He was concerned about truck traffic in the area at harvest time. If the flow of traffic was closed on Larkin it would be hazardous for their employees. A letter from Mrs. Louann Choate was presented to the Clerk by Amadora Garcia. Chairman Lemke read the letter into the record. Mr. Castleberry stated they recognize the concerns of property owners in the area. They will review the project at budget time. The project will be placed on a priority and when the funding should become available they will complete the project. Hearing closed to the public and confined to the Board. Page 354. October 2S, 1980 i October 28, 1980 _ gp_ On motion of Supervisor Moseley, seconded by Supervisor Wheeler 3 and carried, to not abandon the public highway easement on 01d Larkin; to be reviewed at budget time for consideration of the left hand pocket at the intersection. 1714 PUBLTC HEARING: KENNETH LANGEt`APPEAL OF ADVISORY AGENCY CONDITIONS ON TENTATIVE PARCEL MAP, AP 43-29-21, TWO LOTS,,PROPERTY LOCATED ON SOUTH SIDE OF WEST SACRAMENTO AVENUE BETWEEN OARLAWN AND GLENWOOD AVENUES CHICO The public hearing on Kenneth Lange appeal of Advisory Agency's conditions ~6, ~~8, ~'9, ~~14, ~F~17 and ~~21 on a tentative parcel map, AP 43-29-21, two lots, property located on the south side of West Sacramento Avenue, between Oaklawn and Glenwood Avenues, Chico was held as advertised. Clay Castleberry, public works director, indicated the subject property on a map posted on the board. He set out the background on subject project. It is dividing a parcel 7/100 of an acre into two. Most of the appeals would not have been before the Board had the ordinance adopted last week been in effect. It allows a narrower right of way or extension of parcels rather than the 60 foot width. He felt there were no big problems with the appealed conditions. He recommended the appeals be sustained. Hearing open to the public. Appearing: 1. Cal Bachman, engineer. He was present should the Board have any questions to ask. Hearing closed to the public and confined to the Board. On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, the appeal of conditions #6, #8, ~k9, ~k14, ~k17 and ~k21 on a tentative parcel map, AP 43-29-21, two lots, property located on the south side of West Sacramento Avenue, between Oaklawn and Glenwood Avenues, Chico for Kenneth Lange be upheld; noting that based upon the new subdivision ordinance adopted by this Board, this proposal does not conflict with the County Ordinance or the Land Use Element of the Butte County GeuePal Plan. I715 PUBLIC HEARING: CONTINUED TO NOVEMBER 25, 1980 AT 10:30 A.M. - TOM ROGERS APPEAL -0F USE PERMIT TO ALLOW TWO DUPLEXES ON PROPERTY ZONED "A-R", AP 36-71-1 AND 2, NORTH SIDE OF ORO-BANGOR HIGHWAY, APPROXIMATELY 300 FEET EAST OF FOOTHILL BOULEVARD OROVILLE The public hearing for Tom Rogers appeal of Planning Commission's revocation of use permit to allow two duplexes on property zaned "A-R", AP 36-71°1 and 2, property located on the north side of Oro-Bangor Highway, approximately 300 feet east of Foothill Boulevard, Oroville was continued to November 25, 1980 at I0:30 a.m. Clif Nickelson, administrative officer, had been in contact with Mr. Rogers. He is to forward a waiver to the Board. RECESS: 10:29 a.m. RECONVENE: 11:03 a.m. I716 APPEARANCES: ROBERT BOYDEN Robert Boyden set out the background on the "K"code' far building limited owner-built cabins and dwellings in rural areas of Butte County. The information had been previously forwarded to the Board members. It was for them to approve or disapprove. Earlier in the meeting the item was , continued to November 18, 1980 for Board discussion. Page 355. October 28, 1980 80-1717 b October 28, 1980 4PPEARANCES: WILLIAM HUSTAN William Hustan, Berry Creek. Mr. Hustan spoke regarding Measure A on the November 4, 1980 ballot. He would like the Board to vote in favor of Measure A. 1718 ADDITIONAL MATTERS BY BOARD MEMBERS Supervisor Wheeler requested a resolution be brought back regarding the Pre print of SB 14. Chairman Lemke requested Mr. Crisan, welfare director, to develop a position paper for his signature and have it placed on the agenda. Supervisor Wheeler presented a folder regarding rice industry she would like the public to become .aware of. The State Rice Industry is paying to find a solution to do away with rice burning. There being nothing further before the Board at this time, the meeting was adjourned at 11:21 a.m. to reconvene on Tuesday, November 4, 1980 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUN7.'Y CLERK- RECORDER and ex-officio Clerk of the Butte County Board o Supervisors Chairman, Board of upervisors By Page 356 October 28, 1980