HomeMy WebLinkAboutM103079October 30, 1979
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
79- The Board of Supervisors met at 9:00 a.m. pursuant to adjournment,
v Present: Supervisors Dolan, Moseley, Wheeler and Vice Chairman Winston.
Clif Nickelson, administrative officer; Dan Blackstock, county counsel; and
Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board.
Absent: Chairman Lemke.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
1730 APPROVAL OE MINUTES CONTINUED TO NOVEMBER 6 1979
The approval of the minutes of October 23, 1979 was continued
to November b, 1979.
1731 ADDITIONAL MATTER PRESENTED BY VICE CHAIRMAN WINSTON
Vice Chairman Winston stated that he had been asked by Barbara
Bole from the United Crusade to seek cooperation of the Board in supporting
the Crusade. He understood that pledge cards would be included with the
payroll for employees. He asked that the individual members of the Board
make a pledge. He intended to support the United Crusade.
1732 APPROVE REVENUE SHARING AGREEMENT WITH COHASSET COMMUNITY ASSOCIATION INC..
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and ,carried, the agreement with the Cohasset Community Association, Inc.
(the parent organization for the Cohasset Volunteer Firemen) in the amount
of $10,000 to assist in providing fire protection services from revenue
sharing was approved and the 'Chairman authorized to. sign.
1733 AUTHORIZE ADMINISTRATIVE OFFICER TO FILE NOTICE OF COMPLETION ON ADMINISTRA-
TION BUILDTNG UPON INSPECTION AND ACCEPTANCE BY THE BUILDING COMMITTEE
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the Administrative Offieer was authorized to file a notice
of completion on the Administration Building upon inspection and acceptance
by the Building Cowmittee.
1734 AUTHORIZE CETA PROJECT INVOLVING .MOVE TO ADMINISTRATION BUILDING TO BE
ACED AT TOP OF PRTORTTY LIST
Jim Rackerby, personnel director, stated that the Administrative
Officer had applied for a CETA project as part of the moving plan for the
Administration Building. The project is Number 8 on the priority list.
This is a temporary project for a six-month period of time. This is to
coordinate the move and provide vans and trucks for moving. There would
be five or six people involved.
1735
Clif Nickelson, administrative officer, stated that the project
would not only include the move but also provide security for the present
building as it. would be empty. The project will also include distribution
of surplus equipment.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the CETA project involving the move to the new Administration
Building-was to be moved to the top of the priority list.
APPROVE BUDGET TRANSFERS
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and carried, the following budget trans€ers were approved with the
exception of B-1b, B-18, B-20, B-21 and B-31:
Page 293.
October 30, 1979
79:-
October 30, 1979
B_8 - Fish and Game Commission. Transfers $75 from equipment
maintenance to equipment rental in order to provide an appropriation
for the rental of a typewriter pending availability of a working surplus
typewriter.
B-LO - Communit__y Action Program HEW -Head Start - 1979 rant
year. This is a $37,614 transfer to establish the budget for the 1979
Eiead Start training and technical assistance grant, handicapped grant and
to repxogram 1977 carry-over funds. Involved is the reprogramming of
$14,515 and unanticipated revenue from the Department of Health Education &
Welfare in the amount of $23,099. This was approved by the Department of
Health Education & Welfare on September Z0, 1979.
B-11 - Community Action Program OEO - Rural Senior Service Project -
1979 rant year. Transfers $4,675 from salaries and wages to rents and
leases of equipment to cover the purchase of equipment as approved by the
California Department of Aging on October 2, 1979.
8-12 -Sheriff. Transfers $5,000 from extra help within the
incarceration budget to extra help within the services budget in order to
Dover the cost for an extra help employee needed due to the overload at
the Chico Municipal Court, to process serving at the Chico civil office
and a part-time clerk in the Oroville Services division,
B-I3 - Revenue Sharing - Plant Acquisition. Transfers $50,452
from unallocated appropriations to fixed assets - structures, improvements
and grounds for the remodel of the Chico Municipal Court building as approved
,y the Board of Supervisors on October 9, 1979.
8-14 - Community Action Program HEW - Head Start - 1979 rant year.
Chis is an $88,039 transfer establishing a budget for the Head Start 1979
:ost-of-living, special health and handicapped grants approved by the
)epartment of Health Education and Welfare on September 28, 1979. Funding
is comprised of $70,431 unanticipated revenue from HEW and $17,608 in-kind
:ontributions.
B~17 - Community Action Program OE0 - Rural Senior Service Project -
L980 rg ant year. Establishes a budget for the EOC 1980 Rural Senior Service
?roject grant operating from October 1, 1979 to June 30, 1980 as approved
~y the State Department of Aging on September 26, 1979. Total amount of
:he transfer is $71,932 with revenue coming from-state aid (Department of
aging), $65,182 and other aid (program income), $6,750.
B-19 - Community Action Program OEO - Housing Weatherization
found III - 1980-grant year. This transfer establishes a $46,429 budget
`or the EOC 1980 Weatherization Program Round III as approved by the State
)f£ice of Economic Opportunity on October 28, 1979. Tnanticipated revenue
Cs coming from state aid (Department of Energy).
B-22 - District Attorney - Family Support. Transfers $1,000 from
>ffice expense to rents and leases of equipment in order to cover the lease
~f a Mag-Card typewriter for July, August, September and October, 1979
irior to purchase of the lease as approved in the budget.
B-23 - Public Works - Force Account Clearing. Transfers $4,000
`rom regular salaries grid wages. to extra help in order to provide an
appropriation to cover the employment of a temporary mechanic because of
i regular employee being off on State Compensation Insurance.
Page 294.
October 30, 1979
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October 30, 1979
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B-24 - AB 90 Juvenile 3ustice Subvention. This is a $26,723
transfer to pro-rate the final Board changes to the appropriations within
each of the affected departments to project level line items established
in the budgets due to accounting and reporting requirements for AB 90 state
funding, Within the District Attorney budget transfers $3,085 for salaries
and wages, $183 from employee benefits and $163 from general insurance with
a like amount going to AB 90 (AB 3121 costs). Within Juvenile Hall transfers
$8,615 from salaries and wages and $618 from employee benefits with a like
amount being transferred to Juvenile Hall - AB 90 (CETA transitions).
Within Probation, transfers $13,188 from salaries and wages and $871 from
employee benefits with $9,791 going towards salaries and wages and $640 to
employee benefits in the probation AB 90 (CETA transitions) and $3,397 to
salaries and wages and $231 to employee benefits in the Probation AB 90
(AB 3121 costs).
8-25 - Welfare Administration. Transfers $12,946 from salaries
and wages, $119 from overtime and increases employee benefits by $2,315.
Within the Welfare Administration/Chico office increases salaries and
wages $12,946, overtime by $119 and decreases employee benefits by $2,315.
B-26 - Housing and Community Development - 1978/79 grant year,
Establishes a $147 appropriation in special department expense to cover the
costs incurred by Connerly & Associates on the innovative grant proposal
to Housing and Urban Development with funding coming from program income.
B-27 - Federal Revenue Sharing. Transfers $1,400 from unallocated
ppropriation - miscellaneous expense to structures and improvements -
hico library for architect and engineering services to cover costs of the
oil study approved by the Board of Supervisors on October 16, 1979; Minute
rder 79-1662.
8-28 -Environmental Review. Transfers $3,750 from regular salaries
o professional and specialized services to provide an additional appropriation
or outside consultants in the processing of projects.
B-29 -Public Works Road Construction - Clearing. Transfers
57,155.62 from preliminary engineering to various projects as follows:
kyway --FAS, $4,020.99; Clark Road at Elliott, $18,827. I7; Skyway at Lofty
ane, $3,646.05; Skyway at Oliver, $1,609.08; Humboldt Bridge at Colby
reek, $6,812.93; Bu1lhill Road Bridge, $4,288.63; Chico River Road Bridge;
415.70; Chapmantown (miscellaneous), $10,986.37; and E1 Monte Avenue
ridge, $6,548.70.
830 - Public Works Road Construction - Clearing. Transfers
1,017.18 from the Skyway FAS project with $.99 going to East Avenue and
1 Paso Way and $1,016.19 to Skyway at Lofty Lane to cover unanticipated
xpenditures on the project.
1736 XCUSE CHAIRMAN LEMKE FROM MEETING
Vice Chairman Winston advised that Chairman Lemke had been excused
from the meeting as he was attending a meeting in Los Angeles.
1737 (APPROVE COMMUNITX DEVELOPMENT BLOCK GRANT LOAN - SALE OF PROPERTX - 3337
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
carried, the $16,000 CDBG-loan in accordance with terms previously approved
the sale of 3337 Columbia Street to Sheila and Michael Jomari was approved.
1738 'APPROVE CLAIM FOR PA
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
.nd carried, the claim for payment in the amount of $5,129.95 to Stohlman
1lectric for the electrical project for the Butte County Fair was approved.
Page 295.
October 30, 1979
October 30, 1979
79_I739 APPROVE BUDGET TRANSFER 1979-3 -BUTTE COUNTY FAIR
{~ On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, Budget transfer 1979-3 in the amount of $20,956 to balance
the budget for the 1979 ca~.endar year for the Butte County Fair was
approved and the Chairman authorized to sign.
174'0 APPROVE-1980 OPERATING BUDGET -BUTTE COUNTY FAIR
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the 19$0 operating budget for the Butte County Fair with
operating fund expenditures proposed at $281,354, total resources at
$327,619 with continued available funds at $46,265 for the calendar year
was approved and the Chairman authorized to sign.
1741 APPROVE ASSIGNMENT OF AGREEMENT WITH AIMS -MENTAL HEALTH
On motion of Supervisor Dolan, seconded by Supervisor Moseley
and carried, the assignment of the agreement between the county and AIMS,
owned and operated by Hal Cook to Sandy Milkon, who will own and operate
the services as ADLIFE to be effective November 1, 1979 was approved and
the Director of Mental Health was authorized to notify the parties confirming
the assignment.
1742 PUBLIC HEARING DATE SET
A public hearing date of November 20, 1979 at 10:00 a.m. was
set for consideration of the following:
1. :Tack Dias -petition for variance to sections 19x10 and/or
9-12 of the Butte County Code for placement of a mobile home an AP 26-5-31
portion), 2345 Stanley Drive, Oroville area. Zoning: "A-2"
2. L. W, & L. H. James - petition for variance to sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home on
P 47-13-39, Rt. 4, Box 454, Chico area. Zoning: "A-40"
'.174.'3 PPROVE VARIANCE RENEWAT,S
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
carried, the following variance renewals were approved:
1, t+ralter E. Hensley - renewal of variance to sections 19-10
/or 19-12 of the Butte County Code for placement of a mobile home on
39-27-31, Box 3 Ord Ferry Stage, -ayton Road, Durham area.
2, Robert A. and Margot Kemp - renewal of variance to sections
-10 and/or 19-12 of the Butte County Code for placement of a mobile home
AP 28-19-76, 470 Mission Olive Road, Oroville area. Zoning: "A=5"
3. Jim V. McCusker - renewal of variance to sections 19-10 and/or
9-12 of the Butte County Code for placement of a mobile home on AP 47-06-09,
ox 479 Cana Pine Creek Road, Chico area. Zoning: "A-40"
'174!+ PPROVE FOSTER CARE RATES -COST-OF-LIVING ADJUSTMENTS - WELFARE DEPARTMENT
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
nd carried, foster care rates, cost-of-living adjustments to be effective
ovember 1, 1979 with the estimated county cost of the adjustments to increase
rom $26,852 to $29,045, a $2,193 increase was approved.
'.1745 UTHORIZATION TO USE CONTRACT FOR MEYERS STREET ASSESSMENT DISTRICT IN LIEU
F REQUIREMENT OF LABOR AND MATERIALS, MAINTENANCE AND PERFORMANCE BONDS AND
UBDIVISION AGREEMENT FOR MC GOWAN & VALINE SUBDIVISIONS CONTINUED TO
OVEMBER 6 1979
Consideration of the authorization to use contract for the formed
Byers Street Assessment District in lieu of the requirement for labor and
Page 296.
October 30, 1979
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• 1749
October 30, 1979
materials, maintenance and performance bonds and subdivision agreement for
the recordation of the McGowan & Valine Subdivisions was continued to
November 6, 1979.
APPROVE PUBLIC WORKS ITEMS: ADOPT RESOLUTION 79-219
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the following Public Works items were approved:
1. Accepted improvements, authorized release of the performance
bond and labor and materials bond and commenced the one-year maintenance
period for Lindo Gardens - Unit No. 3.
2. Authorized release of the maintenance bond and accepted the
reads for maintenance for Rancho de Thunder Unit. No. 1,
3. .Adopted Resoultion 79-219 for summary abandonment for Maple
Park Drive (portion) Paradise no Longer need for road purposes and
authorized the Chairman to sign; and authorized the Chairman to sign the
quit claim deed conveying a surplus parcel to Oz-Bern, Inc. in exchange
for a ten foot strip of right-of-way along Maple Park Drive.
4. Authorized the Chairman to sign acceptance of grant deed for
the acceptance of right-of-way along Maple Park Drive in Paradise.
5. Authorized outside placement for plan checking for the
1979-80 fiscal year when the workload is such that it cannot be handled by
building department staff in an expeditious manner.
ADOPT,..RESOLUTION 79-220 SETTING A PUBLIC HEARING DATE FOR W, E, PACE -
ABANDONM6NT OF PUBLIC UTILITY EASEMENT, PARADISE PINES COUNTRY CLUB
ESTATES, LOT 85
On motion of Supervisor Dolan, .seconded by Supervisor Moseley
and carried, Resolution 79-220 setting a public hearing date of December 4,
1979 at 10:00 a.m. for consideration of W. E, Pace abandonment of public
utility easement, Paradise Pines Country Club Estates, Lot 85 was adopted
and the Chairman authorized to sign.
WAIVING OF SECOND READING AND ADOPTION OF ORDINANCE AMENDING SECTION 20-66
OF THE-BUTTE COUNTY CORE RELATING TO PROVISIONS ON TIlKELY APPEAL OF
SUBDIVISIONS -_CONTINUED TO NOVEMBER 6, 1979
The waiving of the second reading and adoption of ordinance
amending Section 20-66 of the Butte County Code relating to provisions
on timely appeal of subdivisions was continued to November 6, 1979,
REJECT CLAIM - HAROLD L, WELBORN
Dan Blackstock, county counsel, reported on the claim submitted
by Harold L. Welborn in the amount of $3743.66 concerning the Paradise
Branch Library construction contract completed May 29, 1976. He felt
that for the Board to authorize payment of the claim would be illegal.
Phis matter has been litigated and a settlement was made. Ta-come back
and claim that amount would not be proper. The Board in 1976 authorized
a cantract change order wherein the Board of Supervisors picked up the
3ifference in the cost of a very small amount of $450. This was the
3ifference in the cost of one metal worker in the area with regard to the
federal prevailing wage scale. If the Board were to pay the claim, the
Board's, the Auditor's and Treasurer's bonds would be in jeopardy. Mr.
aelborn does have recourse in the court. Mr. Blackstock will furnish
the Board with a written report and also send a copy of the report to
Kr. Welborn.
Page 297.
October 30, 1979
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1750
1751
1752.
1753.
October 30, 1979
On motion of Supervis ar Moseley, seconded
and carried, the claim of Harold L. Welborn in the
concerning the Paradise Branch Library construction
May 29, 1976 was denied on the advise of Counsel.
... .-. ~^.. R C L: C C
by Supervisor Wheeler
amount of $3,743.66
contract completed
COUNSEL DIRECTED TO WRTTE LETTER TO CALIFORNIA RURAL LEGAL ASSISTANCE
(GALA) REQUESTING INFORMATION AS TO THE NATURE OF THE CLAIM ON BEHALF OF
12 CLAIMANTS IN THE HONCUT AREA
Dan Blackstock, county counsel, reported on the claim from
California Rural Legal Assistance (GALA) on behalf of 12 claimants in
the Honcut area.. This claim results from an appeal filed to permit
the use of the herbicide MCPA in the Honcut area. The Agricultural
Commissioner issues permits for use of this herbicide with conditions.
If someone feels they are being damaged, they are allowed to appeal the
permit. This appeal is made to the State Agricultural Commissioner
who sends in a hearing officer. His decision is not final. To his
knowledge the hearing had been held and the county has not received the
decision. It is anticipated in the near future. In the Honcut area
there is some rice buring and the connotation is that MCPA drifted onto
the neighboring properties. The issue is embroiled with the MCPA issue.
Mr. Blackstock stated that the claim in question is not clear
exactly what they axe claiming. He recommended that the Board write
back stating that the county cannot. act on the claim because the county
does not know what they are claiming and see if they wish to €ile a new
claim. The claim was filed in the form of a tort claim.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, Counsel was directed to-write a letter to California Rural
Legal Assistance (GALA) requesting information as to the nature of the
claim on behalf of 12 claimants in the Honcut area.
APPOINTMENT OF SENIOR CITIZEN TENANT REPRESENTATIVE TO BUTTE COUNTY
30USING AUTHORITY - CONTINUED TO NOVEMBER 6 1979
The appointment of the senior citizen tenant representative
to the Butte County Housing Authority was continued to November 6, 1979.
APPOINTMENT TO COUNTY EMPLOYMENT TRAINING ADVISORY COUNCIL (CETAC)
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
ind carried, the following were appointed to the County Employment Training
:ouncil (CETAC):
Lois Hill
Gloria McKinnon.
Morris Goatley
Dee Summers
Rosalie Bowles
Nancy Cornell
AYES: Supervisors Dolan, Moseley and Wheeler
fOESt Supervisor Winston
ABSENT: CYipirman Lemke
APPOINTMENT TO CETA YOUTH . COUNCIL
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the following were appointed to the GETA Youth Council;
Linda Navarro
Priscilla Norman
Ted Waskey
Page 298.
October 30, 1979
79- 1754
b
October 30, 1979
ADOPT RESOLUTION 79-221 IN SUPPORT OF REQUESTING AN INQUIRY INTO-THE
CONSTITUTIONALITY OF-THE REGIONAL GOVERNMENT CONCEPT
it was moved by Supervisor Wiieeler, seconded by Supervisor
Moseley that Resolution 79-221 in support of requesting an inquiry into
the constitutionality of the regional government concept be adopted and
the Chairman-authorized to sign.
Supervisor Dolan could not support the resolution as prepared
The whereas talks about an inquiry and the resolves stated what the
county opinion already is, If the county asks for a study they should
not say what the study should include.
Vote on motion:
AYES: Supervisors Moseley, Wheeler and Vice Chairman Winston
NOES: Supervisor Dolan
ABSENT: Chairman Lemke
Motion carried.
1755
1756
REPORT TO BOARD RE: RUDOLF A, SCHOTT - DENIED REZONE FROM "A-2LIMITED"
AND "R-1" (SINGLE FAMILY RESIDENTIAL) TO "C-2" (GENERAL COMMERCIAL)
PROPERTY LOCATED ON THE WEST SIDE OF LUCKY JOHN ROAD, APPROX. 400 FEET
NORTH OF SKYWAY, AP 52-012-52 (PORTION), PARADISE
The report to the Board concerning the Rudolf A. Schott denied
rezone from "A-2 limited" and "R-1" (single family residential) to "C-2"
(general commercial) property located on the west side of Lucky John
Road, approximately 400 feet north of Skyway, AP 52-012-52 (portion )
Paradise was received as information.
CLOSED HEARING - JOHN HEINKE -PROPOSED NEGATIVE DECLARATION AND GENERAL
PLAN LAND USE ELEMENT AMENDMENT
The closed hearing on the John Heinke proposed negative declaration
and General Plan Land Use Element amendment to change from a "medium low
density residential" designation to an "industrial" designation property
located within 1,320 feet of Clark Road, approximately 1/2 mile south of
Buschman Road, AP 54-110-15, 26, 27, 34 and AP 54-120-13 and 19, Paradise
was held at this time.
Bettye Blair, planning director, stated that this hearing had
been held over as it was a General Plan amendment and was held to be acted
upon when action on the county General Plan Land Use Element-was taken.
This is included in the county General Plan Land Use Element. The
Richard Vermillion and William Drew General Plan Land Use Element
amendment is also included in the county change,
The Board referred their motion of intent back to the Planning
Commission. The Commission reviewed the recommendations and the Board has
a copy of the memo on the Commission's agreement with specific changes.
The maps delineate the overall land use map. Also attached to this action
is the Hwy 32 and Esglanade General Plan amendments.
RECESS: 9:40 a.m.
RECONVENE: 9:50 a.m.
?che closed hearing was continued to be considered with the
Butte County General Plan. Land Use Element hearing Later in the meeting.
Page 2'99.
October 30, 1979
October 30, 1979
c o o~ v `. - ~ v .: W ~~ a= W_ o_ a___ o_ _~ e o c o c c a c a a a
79.. 1757 CLOSED HEARING - RICHARD VERMILLION AND WTLLTAM BREW - DRAFT EIR AND GENERAL
PLAN LAND USE MAP AMENDMENT
The closed hearing on the Richard Vermillion and William Drew
draft environmental impact report and General Plan Land Use map amendment
to change existing "orchard and field crops" designation to "rural
residential" or "grazing and open land," Chico was held at this time.
The closed hearing was continued to be considered with the
Butte County General Plan Land Use Element hearing later in the meeting.
.1758 ADOPT RESOLUTION 79-222: CLOSED'HEARING - BUTTE COUNTY PLANNING COMMISSION -
DRAFT EIR AND GENERAL PLAN LAND USE ELEMENT
The closed hearing on the Butte County Planning Commission
draft environmental impact report and General Plan Land Use Element was
held at this time.
Vice Chairman Winston.;-stated that this was a closed hearing.
The change has been going on for two years.
Bettye Blair, planning director, stated that the exhibits to
the resolution include the two private projects, John Heinke and Richard
Vermillion and William Drew. The Board has findings that were prepared
by the Environmental Review Department. She asked that these findings
be corrected as they refer to the rezone for West Highway 32 and this
is only a General Plan, amendment.
Ms. Blair stated that a point of 'information is that the Craig
Mooretown Ridge General Plan amendment is part of the project and not part
of a separate action.
Supervisor Wheeler stated that she did have some areas of
concern. She would send here concerns back to the Planning Commission
', and staff for a list of priorities.
Vice Chairman Winston advised that the Board had received a
Letter from Fred Sebastian relating to "TM zones': Mr. Sebastian is to
be advised that the General Plan is an on-going matter of study and any
inequities that appear" can be taken-care of in an orderly process.
Ms. Blair stated that the boxed off areas will keep the
existing designations on the General Plan. These are study areas and
the Planning Commission has established priorities for study in these
areas. These are for study purposes only.
Vice Chairman Winston advised that any communications received
regarding the General Plan are to be automatically referred to the Planning
Department by the Administrative Office.
Supervisor Doian felt that when rezones come up in the study
areas, the Planning Commission and the Board should pay attention to the
text and policy statements within the General Plan.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, finding that comments and recommendations from the public
have been attached to the draft environmental impact report, which includes
the environmental impact reports prepared for the North Esplanade and West
Highway 32 as well as the environmental impact report integrated within the
text of the Land Use Element, that written responses to significant environ-
mental points, raised=i by the comments, have been prepared and attached to
the draft environmental impact report, the final environmental impact report
'Page 300.
October 30, 1979
79-
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October 30, 1979
wsa certified as having been completed in compliance with the California
Environmental Quality Act, the State Environmental Review Guidelines and
the Butte County Environmental Review Guidelines.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried,, the Butte County Planning Commission General-Plan Land Use
Element as set out in the memo dated October 26, 1979 from Planning
Department was approved with attachments A, B, C and D and noting that
this action renders the actions needed in the John Heinke and Richard
Vermillion and William Drew amendments mute; Resolution 79-222 was
adopted and the Chairman authorized to sign.
ADOPT RESOLUTION 79-223: PUBLIC HEARING: FORMATION OF COUNTY SERVICE
AREAS_67__THROUGH 74 (STREETLIGHTING)
The public hearing on formation of County Service Areas 67
through 74 (streetiighting) was-held as advertised.
Clif Mickelson, administrative officer, set out the background
of the proposed service areas. These are streetlighting areas that were
streetlight maintenance districts. It is too late to get these on the
rolls for payment of the charges for the fiscal year. He asked that the
Board authorize a loan to the service areas to keep the lights going for
this year. The Soard will have to hold a hearing to establish charges
for these areas. The charges will be set to cover a two year energy
expense. After that, the charges would decrease.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, Resolution 79-223 forming the following CSAs was adopted
and the Chairman authorized to sign; with a loan to. be made in a sufficient
amount to pay the energy costs in the districts approved to be paid back
by double assessments in the 198D-81 year:
County Service Area 67 -Vista Del Cerro
County Service Area 68 - Crestwood
County Service Area 69 - Lindo Gardens
County Service Area 70 - Joshua Tree I
County Service Area 71 - Joshua Tree II
County Service Area 72 -Shasta Estates
County Service Area 73 - Meadow Estates
County Service Area 74 - Brentwood
1760
F. Guth, civil engineer. 'The engineer, on behalf of Floyd Elkins,
appeals the denial of the Planning Commission on a negative
declaration-and use permit to allow a second residence on property
zoned "A-R," AP 53-162-66, located on the east side of Bri11 Way,
approximately 1/4 mile west of Libby Road, Paradise. Set for
hearing 'November 20, 1979 at 10:15 a.m.
i An Kemp, Chico. Mrs. Kemp writes appealing the Advisory Agency's
condition 6 relating to a permanent solution to drainage on a
tentative parcel map, two lots, AP 46-26-39, between State
Route 32 and Humboldt Road, approximately 500 feet west of
Forest Avenue, Chico. Set for hearing November 20, 1979 at
10:30 a. m.
Page 301.
October 30, 1979
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October 30, 1979
Esther A. Lichtendorf, Chico. _ Mrs. Lichtendorf writes in opposition to
the withdrawal of Midway Orchards from the Williamson Act. To
be considered later in the meeting..
Agricultural Advisory Commission. The Agricultural Advisory Commission
writes expressing its appreciation of the Board's concern and
support for burning agricultural wastes before the Air Resources
Board. Information; no action taken.
Clifton L. Ross, Zone. Mr. Ross writes urging the Board to support the .
Consumer Protection Unit in the county. information; no action
taken.
Mountain Springs Grange No. 754. The Grange writes requesting consideration
of the Sheriff's patrol in the Mooretown Ridge area. Vice
Chairman Winston will be talking with the Grange and the Yankee
Hill area within the next two weeks.
Paradise Municipal Advisory Council. The council forwards the letter of
Maurice L. Norman concerning support for the extension of State
Highway 191 to continue north beyond Clark Road to the Skyway and
then continuing to Stirling City, Inskip and Butte Meadows.
Referred to Public Works.
Linda M. Corson, Chico. Ms. Corson writes concerning a drainage problem
she is experiencing on East 9th Avenue in Chico. Referred to
Public Works.
James Lenhoff, Oroville. Mr. Lenhoff writes two letters concerning the new
Land Use Control Map and requests that the historical significance
of Cherokee and Oregon City be recognized and consider drafting
a historical zone, but provide temporary protection by implementation
of a resource conservation zone. Referred to Planning.'
Michael Carl Weber, Chico. Mr. Weber forwards a claim in the amount of
$120,150 as a result of injuries and damage sustained as a result
of a motorcycle accident on September 18, 1979 at the Skyway
exit from Highway 99 in Chico. See motion following .communications.
Teresa Louise Nichols, Chico. Ms. Nichols forwards a claim in the amount
of $120,000 for injuries and damages sustained in a motorcycle
accident on September 18, 1979 on the Skyway exit from Highway 99
in Chico. See motion following communications.
County of Stanislaus. The County of Stanislaus writes requesting Board .
support opposing the staff recommendation of the US Department
of Agriculture and Interior in the designation of a major portion
of the Tuolumne River as "wild. and scenic" and its inclusion into
the federal wild and scenic rivers system. To be considered on
November 6, 1979.
The Metropolitan Water District of Southern California. The district
'forwards a proposed contract amendment to allow individual
contractors to manage their own share of state water project
replacement reserve fund contributions. Continued to November 6,
1979 for a report from Counsel.
REJECT CLAIMS -MICHAEL CARL WEBER AND_TERESA LOUISE NICHOLS
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the following claims were rejected and referred to Counsel
and Risk Management Coordinator:
Page 302.
October 30, 1979
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P
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1762
', 1763
._ ' 1764
October 30, 1979
J 1. Claim of Michael Carl .Weber in the amount of $120,150 as a
result of injuries and damage sustained. as a result of a motorcycle
accident an September 18, 1979 at the Skyway exit from Highway 99 in Chico.
2. Claim of Teresa Louise Nichols in the amount of $120,000 for
injuries and damages sustained in a motorcycle accident on September 18,
1979 on the Skyway exit from Highway 99 in Chico.
APPOI_NTMENT_TO COUNTY EMPLOYMENT TRAINING ADVISORY COUNCIL (CETAC)
On motion of Supervsior Wheeler, seconded by Supervisor Dolan
and carried,-Ron Miller was appointed to the County Employment Training
Advisory Council (CETAC) as the agricultural representative.
COMMUNICATIONS CONTTNUED
Floyd F. Sannar, Gridley. Mr. Sannar requests that the hearing scheduled
for November 6, 1979 for the West Liberty Estates Subdivision
be continued to early March, 1980 for adequate lead time for
preparation of environmental impact report.' Referred to staff
to bring back recommendations.
Ray E. Johnson, Jr., Chico. Mr. Johnson appeals the Advisory Agency's
condition to provide two-way traversable access RS-9-LD-III to
each parcel from a county maintained road or state highway for
tentative parcel map, AP 45-412-37 & 40, three parcels, northwest
of Vallambrosa• Avenue approximately 1200 feet west of Manzanita
Avenue and approximately 60 feet east of the city limits, Chico..
Set for hearing November 20, 1979 at 10:45 a.m.
RECESS: 10:12 a.m.
RECONVENE: 10:23 a.m. _..--_-___
PUBLIC HEARING: ~5 GREENTREE ESTATES/MIDWAY ORCHARDS - CONSIDERATION OF
DRAFT EIR AND PETITION FOR CANCELLATION OF LAND CONSERVATION-ACT AGREEMENT
The public hearing on F'S Greentree Estates/Midway Orchards
consideration of draft environmental impact report and petition for
cancellation of Land Conservation Act agreement-was held as advertised.
Earl Nelson, environmental review director, set-out the background
of the draft environmental impact report. This project involves 110 acres
on the east side of Midway approximately two miles south of Chico and one-
half mile south of Entler Avenue. The property is in use as an almond
orchard. 'The applicant has filed a tentative subdivision map requesting
200 residential parcels and a request for Williamson Act withdrawal.
An EIR was prepared which describes the potential if the property is
withdrawn from the Williamson Act. Mr. Nelson set out the problems
referred to in the EIR relative to agricultural operations. There are
problems with infestation and irrigation problems on the property.
', The irrigation problems are due to the soil types on the property which
results in different moisture retention. If the change in the character
of the area proceeds there are a number of environmental impacts that
are identified in the report, primarily the change in character of the
area from agricultural to urban. There are potential conflicts with the
surrounding agricultural operations. A11 the propertiies are in agricultural
uses, primarily orohard use. There is some irrigated pasture and field
crop. There is a subdivision of a potential forty lots that was approved
one-half mile to the north. The other potential i acts are the increase
in traffic of 2,000 cars per day. This would be i~addition to the traf€ic
on Midway of 5,350 cars per day. There would be an increase in energy,
storm water runoff and potential problems with sewage disposal. In the
IR there are alternatives including the no project alternative which would
can retaining the property in Williamson Act and allowing uses that axe
Page 303.
October 30, 1979
79-
October 30, 1979
only compatible with Williamson Act property. That would permit a
subdivision of ten acres.
Bettye Blair, planning director, set out the background of
the withdrawal petition. The Land Conservation Act Committee met on
February 28, 1979 to consider the petition. The Committee was unable to
make the necessary findings on the petition.
Dan Blackstock, county counsel, read Government Code Section
51282 and 51220 which sets out the required findings the Board must make
in order to allow property to withdraw from the Williamson Act.
Vice Chairman Winston stated the Board had received-.many letters
from people interested in the proposed withdrawal from the Land Conservation
Act. He hoped that the people in the audience would confine their remarks
to new information. The presentations will not be limited to time. He
has been at the site on many occasions. He was familiar with the location
and the present use of the property.
Hearing open to the public. Appearing:
;. ''
1, Phil Mace, representing Midway Orchards. Mr. Mace questioned
if the Board was going to take remarks on the EIR and the project at the
same time, He had no comment on the EIR. He felt the EIR-was thorough
and focused on the subdivision, There is much more specific information..
This is a proposed project that would be available to the .owner if the
withdrawal is authorized, He stated that he would focus on the lack of
fitness for agricultural use and there was a mistake in fact when the
owners entered into the agreement in 1975. Mr. Mace read the criteria
for entering Williamson Act from Resolution 68-7 at this time. Mr.
Cottingham will be presenting information showing the Board facts that
due to soil conditions and disease the land did not meet that criteria.
2. Bi11 Cottingham, managing partner of Midway Orchards.
Mr. Cottingham stated that he would be presenting pictures and letters
from neutral experts on this matter. He hoped that once the Board had
the facts, they would be able to make a proper decision and allow the
withdrawal from the Williamson Act. Midway Orchards was planted in 1973
and it-was purchased in 1975. They were aware of the minor soil problems
they thought when the property was purchased. They felt the root stock
would resist the oak root fungus. Midway Orchards began to show problems
in 1976. He submitted a letter from an agronomist that is not included
in the EIR. This letter sets out the cultural problems the orchard has.
The letter states there is no hope for Midway orchards and it should be
abandoned for agriculture. Dr. Hart in the EIR explains the difficulty
of water movement in the soil. He submitted a copy of the California
Agriculture Farm Press, page 12, which deals with the types of problems
Midway Orchard is experiencing. Dr. Hart's report explains the reason
for the soil compaction.
Mr. Cottingham presented photos taken during September showing
the change and referring to Dr. Hart's report. .Some of the trees are
dry and some are green. Midway Orchards is irriga"ted with a solid set
system. They have changed the nozzles in the orchard. It is impossible
to irrigate the orchard in this manner. The cost to irrigate Midway
Orchards is about twice what it takes to irrigate Lone Pine Orchard.
He presented the meter readings from both orchards at this time.
Mr. Cottingham stated to assist in the decision he submitted
photos taken on the property. ~~1) The trees are surrounded by rocks of
different sizes. This makes ~ageif30r~ult to mow the orchard. The
October 30, 1979
79-
October 30, 1979
damage is tremendous. ~Dr. Hart's report shows Sutte~Creek must have
roamed.
Mr. Cottingham stated that he had George Post do a study on
the orchard. Mr. Post describes the tree trunk darkness in the picture
and the affect of the bore infestation that can be noted. These insects
do not infect healthy trees. Most of the trees are heavily infected by
both species. Midway is not a viable area. It is infected with oak root
fungus. This is not only true for Midway Orchard but for surrounding
orchards. When the orchard was leveled, it seems the fungus split and spread.
In looking at the aerial photos it shows not only open space in Midway
Orchard but in the entire area. There is perhaps small areas of soil that
may be substantial for farming. Lloyd Sloan has written a letter which
is in the EIR. He was the original owner of the property and had said
that the fungus was so bad that the interplanted trees did not survive.
Production dropped and he had to sell the orchard. George Post had stated
in his report that the trees that were planted would resist oak root
fungus. Many have not been able to withstand the disease. Since 1976 he
has lost approximately 800 trees.
Mr. Cottingham set out the photos that he had at this time.
Phoio~~l shows two trees in the orchard that are really dead and six
others are dying. He has waited five years for the trees to grow. He
has lost 800 trees of that size. Photo ~~2 shows a different view and
area. Photo X63 shows that the trees were dying in August. There is
nothing you can do about the fungus. The next subject is~the tree size.
It is sad to have at least 60% of the crop. Almonds are an expensive
item. They are a luxury item. He did not feel there was anything but
a grain crop that might be grown in the orchard. There is a need for
uniformity im the tree size. The first five years there is no return on
the orchard. The orchard is showing cultural problems. -The next photo
shows the tree sizes. He used a yard stick. Mr. Post in his report
had stated that on first general impression of the orchard was that it
j had good color and a fair crop but by closer check there are problems.
Mr. Cottingham stated that the Lone Pine Orchard, which is a year
younger than Midway Orchard, is planted on the type of soil that should be
preserved. This is the type of agricultural soil that should be taken
care of. Lone Pine is a viable orchard. He set out the production, records
of both orchards. In 1477, Midway Orchard had 46,223 pounds of almonds
and in 1978, 45,b86 pounds of almonds. The Lone Pine Orchard for that
same period had an increase over 25%. Midway Orchard went down in production.
the Land Conservation Act Committee felt Midway Orchard would prosper
end grow if walnuts were planted. It sounded reasonable. He went to a
Cop almond and walnut growner. The advise was do not be foolish.
ie sought the advise of Stukey Nursery and Sierra Gold Nursery.
Mr. Cottingham-has made the proposal that anyone could get an
pert and could make all the tests and examine their books and if they
d not find what he has found he would pay for the tests. Mr. Post has
id that it would be economically unfeasible to plant walnuts and pears.
ey are not compatible. The irrigation and harvest of walnuts and almonds
e different. He submitted some pamphlets from "ts~e Farm Advisor's
fice. On page 7 and 22 there is discussion that there should not be
Znuts interplanted. It was the Farm Advisor hover advised the committee.
an orchard the IRS allows a depreciation over a 30 year period. This
dudes the farm equipment. He petitioned the IRS for relief. He placed
1 the information with the IRS and they looked into the facts and came
with the decision as a result that Midway Orchard was permited to
preciate over a period of ten years which is 'an escalation of three times.
ey were permitted to go back and make adjustments to 1976 because the
Page-305. .
October 30, 1979
79-
1765.
October 30, 1979
experts felt there would be nothing growing in 1986. He was not aware
of the Land Conservation Act agreement on the property when he bought it.
Supervisor Dolan thought that this would show in the title report.
She wondered if there was a soils test dvne,on the property.
Mr. Cottingham stated that he did not do a soil report before
he bought the property. He recognized there were some problems but he
relied on the replanting of the orchard.
Ms. Blair stated that the findings were the generalized finding
of the Government Code.
The hearing was recessed at this time to be continued later.
in the meeting.
SUPPORT PROPOSITION 4 AND AUTHORIZE LETTER TO BE WRITTEN TO NINE NORTHERN
COUNTIE~EJRGING-.THEM TO SUPPORT PROPOSITION 4
Orrin B. Stratton stated that several weeks ago he had presented
a description of Proposition 4 to the Board. This is the Spirit of 13.
There is a need for a limitation on government spending, In 1969-70 the
budget for Butte County was '$21,550,952 and in 1979.-80 it was over $56 million.
This is far above the increase in the cost-of-living. If it is allowed
to continue financial disaster is the only thing that-can become of it.
He read the argument for Proposition 4 at this time. Proposition 4 requires
the state and local government to limit the budget and provides for a
reasonable growth. There is a need for sensible spending control without
sacrificing useful programs. Proposition 4 is supported by over 70 members
of the California Legislature, the Attorney General and the Secretary of
State and many organizations throughout the state. He"asked that ,the Board
go on record in ..favor of Proposition 4.
It was moved by Supervisor Wheeler, seconded by Supervisor Moseley
that the Board publicly support Proposition 4 and the Clerk be authorized
to write letters to the Nine Northern Counties urging them to support
Proposition 4.
Supervisor Dolan stated that she had no quarrel with the ballot
measure. She was not going to endorse the measure personally or as a
member of the Board. She did not feel the Board should be in a position
to sway the people. S.he hoped the Board would live with whatever was
passed by the people but did not feel the Board could suggest how they
should vote.
Vote on motion:
AYES: Supervisors Moseley, Wheeler and Vice Chairman Winston
NOES: Supervisor Dolan
ABSENT: Chairman Lemke
Motion carried.
.1766 APPEARANCE: HAROLD WELBORN RE: PARADISE LIBRARY CONSTRUCTION CLAIM
Mr. Welborn stated that the Board voted that the county was at
fault. He was not here earlier when the matter was discussed. He was sure
that Mr. Blackstock did not say that the county had accepted the responsibility
for making an:(error. He felt if this matter was not resolved that contractors
would not want to take contracts with the county. The Board had previously
agreed with him that because the Board made a mistake his subcontractor
was penalized. The county agreed they made that mistake.
Page 306
October 30, 1979
79-
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1767
1768
October 30, 1979
Vice Chairman Winston advised Mr. Welborn that Counsel has advised
the Board that by approving the claim it would be ,guilty of an ,illegal action:
Mr. Welborn stated that the Board was guilty of an illegal action.
He read the conditions of the contract that was entered into. On September 6,
1976 the Board kook the responsibility for their wrongful action by gxanting
contract change order No. 6 because of not givit-g him the wage scale.
the same,
Dan Blackstock, county counsel, stated that his advise remained
APPEARANCE; LOUTS CAMENZIND JR. RE: ARGUMENT WITH BLM OVER PUBLIC LANDS
Mr. Camenzind asked that the Board study and evaluate and
support the sage brush rebellion. This is the argument with the Bureau
of Land Management over public lands.
.Vice Chairman Winston stated that this matter had been discussed
at the Nine Northern Counties Association. Lassen and Modoc Counties are
s upportative of the land owners problems.
RECESS: 11:19 a.m.
RECONVENE: 11:27 a.m.
CONTINUED PUBLIC HEARING: ~~5 GREENTREE ESTATES/MIDWAY ORCHARDS - CONSIDERATION
OF DRAFT EIR AND PETITION FOR CANCELLATION OF LAND CONSERVATION ACT AGREEMENT
The public hearing on ~~5 Greentree Estates/Midway Orchards
consideration of draft EIR and petition for cancellation of Land Conservation
Act Agreement was held as continued.
Appearing:
L. Floyd Perry. Mr. Perry stated that he was concerned with
the EIR. He currently farms 80 acres. He has houses across the street from
him. Every year they are plagued with complaints about problems with their
harvest and spraying operations and cultural practices. It has become
difficult to farm there. Mr. Perry was concerned with the statements
regarding the oak root fungus and the fact that the area is doomed. All
of the farmers have problems. The methods of farming have to be approached
differently iri different areas. There were statements made about cobblestone
a~td soil with cobbles. This constitutes a reasonable piece of soil to
farm. This soil will get root growth. He has found that ripping helps.
It is true that walnuts are susceptible to oak root fungus. He planted
2b-24, which is Maryanna. He has been successful so far. He knew of
other orchards that-were successful. Lack of water makes a tree more
susceptible to oak xoot fungus. Bill Moller mentions this. The tree
2b-24 is reasonably immune. There are missing trees in his own orchard.
He felt that the orchard constituted a farming-unit.
2. Al Houseman. Mr. Houseman stated that he bordered Midway
Orchards' property. He purchased the small orchard in 19b4 axid there are
'trees on the orchard that are 19-years old. He could hardly believe that
!there will be any of the original orchard left in 30 years. He wondered
',why his trees were dying. Mr. Meith could not pmt his finger on it.
3, Dean Dixon. Mr. Dixon stated that he-has farmed east of the
Midway since 1959. ..He-...did not-like being in conflict with his neighbors.
He opposed the removal of this property from the Williamson Act. Mr.
Dixon stated that Mx. Blacks.toek"•had read the rules. He would-like to
add to, them. He defined agricultural land and prime agricultural Land.
Land that is rated class 1 or class 2 or rated from production and growth
values of not less than $200. Mr. Dixon stated that is referring to the
report by John M._Hart, using the-'soil conservation classifications, the
__. Page 307.
October 30, 1979
October 30, 1979
79~ southern most portion could possibly be class 3. Soils in the other
~ two areas would be at least class 2 and possibly class 1. Does it~gross
$200 per acre or more? Based on the price o£ almonds it does gross more
tha $200 per acre, He would like to see this year's figures on the
production of the almonds from Midway Orchards. He felt the crop increased.
He wondered what the intent of Midway Orchards was. Mr. Cottingham bought
the property and has been in farming since 1962. He was aware of the
problems when he bought the property. He felt there had been some
intention to mislead the people in the EIR, For example, Mr. Cottingham
stated that since 1976 he has lost approximately 800 trees. The ETR
refers• to the loss of 770 trees during the past year. There is a
conflict in the EIR, There are also other conflicts in the SIR. There
is a letter from Mr. Sloan, who did farm the property and did lose trees
planted by the previous owners. The reason he lost the orchard was because
it was not watered for two years, He felt the intent of the proponents
was to subdivide the property, He felt that in allowing this, there would
be a loss of agricultural land, He felt this had to stop.
4. Hester Patrick. Mrs. Patrick stated that Midway Orchard
is about 100 feet from their orchard, As of this year,•they are getting
a ton of almonds to the acre. There can hardly be that much difference
100 feet away from their orchard, She would like to bring to the Board's
attention a comment made by Mr. Cottingham when he bought the property.
It was zoned for "A-2" and there were some spots which he questioned and
he felt that in case he wanted to he could divert it to a different
usefulness, The subdivision would interfer very much with agriculture
and she hesitated to see the whole area turned into subdivisions. While
they have not timed the irrigation in Midway Orchards, they do drive past
the orchard every day. She knew that it had not been watered as much as
their orchard. Most of the time the ground is dry. She had thought that
something had been put on the trees to make them die. Mr. Cottingham
has had at least three offers to buy that property for agricultural purposes,
Mr, Cotfingham advised one offer that he would not sell the property for
less than $25,000 per acre, His whole intent is not to retain the property
in agriculture but to put it in subdivision. She felt that almonds were
coming into recognition as a worthwhile food. Every so often a tree dies
in their orchard and they have to replace it, The whole valley was filled
with the oak trees in the 1800s,
S. Tom McCready, representing Chico 2000, Mr, McCready stated
that he could not add anything to the expertise of Mr. Perry and Mr. Dixon.
Almonds are a major export, He urged that the Board back up the Land
Conservation Act Committee and oppose the withdrawl of the property from
the Williamson Act,
6. Larry Tanner, Mr. Tanner stated that he has worked in the
area as a landscaper, Many of the areas that are now subdivided, he had
the opportunity to dig down several feet, Much of the area did not have
rock or anything else, To see this area, even though it is marginal
land according to the experts, converted to subdivisions would be a crime.
It has been the intent to maintain the area as agricultural land and to
keep the property in Williamson Act would maintain it. He felt the Board
had a responsibility to the children in maintaining the main source of
food supply for the world, He felt it should remain in agricultural land.
7. Bob Hartman, Mr. Hartman stated that he disputed Mr.
Houseman's theory about his orchard, Mr, Houseman has a beautiful orchard,
Mr. Houseman has to"st-'several trees. One time, the loss was due to a
wind storm. Mr. Dixon's orchard, which is next to the Cottingham property,
is a beautiful orchard. He has a small orchard in the area, It is a well
producing orchard with almost s~o ~roblems or dying trees,
ag 308.
October 30, 1979
October 30, 1979
79-
a.
F
8. John Luwas, attorney representing P.A.L. Mr. Luwas stated
that Mr, Cottingham, of course, is trying to make a profit for himself.
No one can blame him for trying to improve his financial situation. There
are other people in the same boat of depending on the land for revenue to
support themselves. There are farmers that will be damaged, if the land
is removed from the Williamson Act. Tt1E P.A.L, is not critical of anyone
but they have serious quarrel with anyone who seeks Eo take agricult ural
land out of production, They are critical that one person should be
allowed to inflict damage to the neighbors and to the county, The
Midway Orchard property has been given up by the fact that his predecessor
signed an agreement for agricultural uses. He was concerned with the
inadequacy of the EIR. He was disappointed in the failure of the EIR
to have a one sided pitch for the removal from the Williamson Act. The
other side has not been presented in a fair response. For example, the
EIR makes mention of. the loss of agricultural land (four lines). If
this area is allowed to go, the area from Entler and Durham will go.
The EIR fails to talk about the loss of agricultural land and what it
would cause to the county. The EIR fails to speak to problems. There
has been a very well planned attack on the suitability for use, Mr.
Hart prepared a soils report, yet the county land surveyor disagrees
with that report. Mr. Post was hired by Mr. Cottingham to put down the
problems but was not asked to evaluate the potential for solving the
problems. He was asked to give a one sided approach. This property is
not different than any other property. Every farmer experiences oak
root fungus and shot hole bore. The trees will not be healthy unless they
are watered right. The indication is that there was improper herbicide
given to the land. There is an indication that there was a burning of
grass when the trees were very young. There has been throughout the
history of the orchard, serious abuse imposed upon it, Somehow, the
trees have survived. These trees have managed to pull through and "" --
produce excellent results. The trees must be replaced when they die.
There has been no effort to replace the trees and maintain the orchard,
Mr. Luwas stated that for sixty years this property. was
ducing and farmed in almonds. The property was the same as it was the ,~
the contract was signed. It was the same when the county agreed it
agricultural land. There has not been a change in the soil except for
roper horticultural practices. If they were to assume that the orchard
doomed, then there is good evidence that it should be replaced with
ferent root stock or walnuts. That option is available. Who is to say
t the land cannot be used for other crops besides orchards. The arguments
t have been raised and refuted by facts of observation do not hold up.
iculture is the proper use for that land.
Mr. Luwas stated there are a c ouple of other problems which would
affect everyone which were not addressed in the EIR: the Midway traffic
roblem.
Vice Chairman Winston stated that it was pointed out that the
IR was prepared for a subdivision.
Mr. Luwas stated that the energy question had not been properly
addressed. The ultimate impact of taking the property out of the Williamson
ct is clearly a subdivision with 200 lots. One point not raised in the
IR was the energy used by the automobile. Mr, Luwas; felt that the
ItimaCe result, has to be considered. There are a number of impacts that
ould result from the removal of the property from the Williamson Act.
he Iaw far the Williamson Act was established to allow the property
weer to agree with the county on the highest and best use of the property
ased on the land and quality of the soil. This is nothing forced on the
operty owner. The law was established by purpose ofplacing voluntary
Page 309.
October 30, 1979
October 30, 1979
79-
8
restrictions on the land and for the purpose of preventing premature
and unnecessary conversion. This places the burden on the owner to prove
that the land would no longer be useful for agriculture of any kind. Mr,
Cottingham has failed to prove this. He has failed to prove that
agriculture is not rteededin the area. There is plenty of development in
the Chico area. He would like to take a look at what is happening on the
land, He wanted to keep his option open because not a ;.one of the developers
is making a move to develop the property because it is not needed and
because the .interest rates are outrageous. There is not a need to convert
still more agricultural land. Government Code Section 51280 says the land
owner is permitted to get out of the. Act only when the continued dedication
to agriculture is neither necessary or desirable. Mr. Cottingham cannot
grove there is any change in the land since the agreement was entered into.
He cannot prove it-would be a waste of taxpayers money. He cannot prove
that agricultural land is not needed, The opportunity for an individual
to make another use of the land is not to be considered as significant
reson for pulling out of the Williamson Act. The P,A,L, asks that this
be retained in Williamson Act and that it be .rezoned for agriculture
land use,
Mr. Dixon stated that the burning of the trees was done by the
irevious owner,
9. Louis Camenzind, Jr, Mr, Camenzind stated that Government
Code Section 51230 speaks to the establishment of the Land Conservation
Act agreement and a noticed hearing for the land to be included, If he
recollects, there never was a hearing to put this land into the Williamson
Act, It would be his opinion that this is not a valid contract. He
was in favor of the party relieving himself of the Williamson Act because
the law provides for him to do it,
' Hearing closed to the public and confined to the Board,
' Mr. Mace asked a point. of order at this time. He was waiting
for a chance for rebuttal.
Hearing reopened to the public for rebuttal.
Bill Cottingham stated that the PG&E readings were fact. It
is fact and not fantasy. There is no record in the Sheriffs Office
regarding complaints except in the Honcut area. It is impossible to rip
any orchard with a solid irrigation system. It is impossible to remove
the almond trees except with a backhoe, Mr. Dixon's orchard is in one of
the areas where there is no oak root fungus. It is a 258 acre orchard with
not even one dying tree. There is a 300-foot space between Midway Orchards
and the Patrick orchard. He could not debate Mr, Luwas because he did
not have the ability to do so. He has lost approximately $30,000 per year.
The P,A,L, did not submit any written factsfYOm the experts. They are
dealing with facts and not emotians, There is no modern soil study done
for Butte County. The soil map was dane in 1909, There is no requirement
for a soil report for the Williamson Act, Mr, Cottingham submitted a
letter from Dr, William J. Moller at this time. The letter discusses
the problem of the soil disease and other types of field crops, It is
only a guess. The letter. stated that Dr, Moller feels the oak root
fungus was down 50 feet, The problems are difficult tp solve.
Mr. Luwas stated he had stated facts as brought forth from
mes that live in the area. If an individual needs to change a,water
system in order to water properly because of the variable soils, he suggested
:hey had better modify the water system and rip away at the soil surface,
:f the fungus is as bad as has teen indicated and nothing will grow, then
Chey are in serious problems in the north Sacramento Valley.
Page 310.
October 30, 1979
October 30, 1979
79- Mr. Houseman stated that financially he did not think a grower
b could ask Mr, Cottingham to pull up an orchard and plant some other way
and come out economically.
Mr. Dixon stated that he believed Mr, Cottingham on the
kilowatts per hour as included in the PG&E readings, It does-not mean
anything, It-does not tell the inches of water being put on the ground,
He felt that it was difficult to rectify an orchard but did not think
it was impossible,
Hearing closed to the public and confined to the Board.
Vice Chairman Winston stated that the Soard as a memo from the
Land Conservation Act Committee dated March 8,-1978 recommending denial
of the withdrawal, As an individual, he agreed with the findings of the
Land Conservation Act Committee because it was his opinion that the
criteria conditions for approval in Government Code Section 51252 have
not been met by proof of the proponent of the withdrawal,
Supervisor Dolan agreed with Vice Chairman Winston. She has-been
trying to read over and over to assess if the conditions of the orchard
and the statements in the report are statements of doom or statements of
conditions of the orchard in management practices, She did not believe it
was a statement of doom, The overwhelming public majority wish to keep
this land in Williamson Act, She could not conclude that it was in the
public interest to allow the property to withdraw from the Williamson
Act.
On motion of Supervisor Dolan,. seconded by Supervisor Wheeler _
and carried, the petition for withdrawal from tine Williamson Act was
denied.
RECESS; 12:29 p.m,
RECONVENE: 2:02 p,m. -
..1769 ADOPT RESOLUTION 79-224: PUBLIC HEARING: BUTTE MEADOWS DISPOSAL SITE
ROAD EASEMENT ABANDONMENT
The public hearing on the Butte Meadows disposal site road
easement abandonment was held as advertised.
Hal McDonald, assistant public works director, set out the
background of the abandonment. This has to do with the Butte Meadows dump.
It has not been in use for a couple of years. In the agreement with
Diamond National for the purchase of the road easement in the beginning
that if the easement was not used for a year, Diamond could purchase the
property back from the county, This is the same situation as the
abandonment far the Stirling City disposal site road easement.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconde~~by Supervisor Moseley
and carried, the Butte Meadows disposal site road easement was abandoned;
and Resolution 79-224 was adopted and the Chairman authorized to sign.
;1770' DOPT RESOLUTION 79-225: PUBLIC HEARING: STIRLING CITY BISPOSAL SITE ROAD
EASEMENT ABANDONMENT
The public hearing on the Stirling City disposal site road
easement abandonment was held as advertised.
Yage 311.
October 30, 1979
.. ,
October 30, 1979
79 _, Hearing open to the public. Appearing: No one,
3
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the Stirling City disposal site road easement was abandoned;
Resolution 79-225 was adopted and the Chairman authorized to sign.
'.1771 PUBLIC HEARING: JOHN SCHLIEPER - APPEAL OF ADVISORY AGENCY'S CONDITIONS 7
AND 16 ON TENTATIVE PARCEL MAP, AP 48-203-54 AND 55, TWO LOTS, SOUTH SIDE
OF MAN2ANITA AVENUE APPROX, 400 FEET EAST OF CACTUS AVENUE CHICO
The public hearing on John 5chlieper appeal of Advisory Agency's
conditions 7 and 16 on tentative parcel map, AP 48-203-54 and 55, two lots
south side of Manzanita Avenue, approximately 400 feet east of Cactus
Avenue, Chico was held at this time.
Hal McDonald, assistant public works director, set out the
background of the appeal. There is one parcel on Manzanita of 1/3 acre.
The second parcel is directly behind the first parcel. There is a 25-foot
easement to the back parcel. The minimum standard the Advisory Agency
could consider was 50-foot easement to the second parcel. The centerline
of the 50 feet is a chain-link fence on the other side of the Racquet~Club.
The appeal is asking for a waiver of the 50-foot easement leading to the
back one-half acre parcel. There would have to be a driveway. There would
be no problem with a driveway easement. Condition 16 was the requirement
for a cul-de-sac•.
Hearing open to the public, Appearing: Cal Bachman. Mr. Bachman
stated that he had no objection to the 16-foot driveway. This is a graveled
drive. They did not want to put in a cul-de-sac on a I00-foot road. It is
a dead end road. The property is surrounded on two sides by a trailer park.
They•wiLl be happy to show a 25-foot easement across the front parcel.
6 Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the appeal on conditions 7 and 16 was upheld and the 50-foot
requirement was waived allowing a 25-foot easement road being built to
16-foot driveway standards.
1772 UBLIC HEARING: DENNIS HARFORD - APPEAL OF ADVISORY AGENCY'S CONLIITION 10
N TENTATIVE PARCEL MAP, AP 39-37-73, FOUR LOTS, EAST .SIDE OF DAYTON ROAD,
PPROX, 500 FEET SOUTH OF STANLEY AVENUE CHICO AREA
The public hearing on Dennis Harford appeal of Advisory Agency's
ondition 10 on tentative parcel map, AP 37-•37-73, four lots, east side of
ayton Road, approximately 500 feet south of Stanley Avenue, Chico area
as held at this time,
Hal McDonald, assistant public works director, set out the
ckground of the appeal. The condition is to provide a permanent solution
drainage. There is no master drainage plan for the area. The ordinance
quires that a permanent solution for drainage be provided for parcels
ss than three acres in size. This would require having to go to a ditch,
Cural swale oz pipeline.
Hearing open to the public, Appearing: Cal Bachman. Mr. Bachman
It that there should be some type of new direction regarding this requirement,
ere are certain areas that have good soil for percolation and there .is no
ainage problem, This area has good soil. It is impossible for them to
t to a natural drain. He hoped that the Board would allow them to go
th the existing growth percolation satisfying this requirement.
Page 312,
October 30, 1979
79-
d''
11773
October 30, 1979
Hearing closed to the public and^confined to the~Boaxd,
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the appeal of condition IO was upheld with the condition
being waived but making it clear that if the applicant wishes to offer
a deposit the county will accept it.
PUBLIC HEARING: DAVID WRIGHT AND DENNIS CHALLMAN - APPEAL OF SUBDIVISION
VIOLATION COMMITTEE CONDITIONS FOR AP 56-24-94 THROUGH 101, NORTHEAST
CORNER OF HIGHWAY 32 AND HEADWATERS ROAD, FOREST RANCH AREA
The public hearing on David Wright and Dennis Challman appeal
of the Subdivision Violation Committee conditions for AP 56-24-94 through
101, northeast corner of Highway 32 and Headwaters Road, Farest Ranch area
was held at this time,
Hal McDonald, assistant public works director, asked that this
hearing be continued for one week.
Hearing open to the public. Appearing: No one.
The hearing was continued to November 6, 1979 at 11:30 a,m.
1774
PUBLIC HEARING: NOTICE OF INTENTION TO ABANDON THE DURHAM CEMETERY AND
DEDICATE IT AS A PIONEER MEMORIAL PARK
The public hearing on the notice of intention to abandon the
Durham. Cemetery and dedicate it as a Pioneer Memorial Park was held as
continued, Vice .Chairman Winston stated the.Board had received a telegram
from Parrott Ranch Company that denies condoning the cemetery sale.
Dan Blackstock, county counsel, stated that there was a possibility
of quit claiming whatever interest in the cemetery that goes into the - -~~
cemetery and include a non-exclusive easement for road purposes up the
west-side. Mr. Hays would want to retain about 30 to 40 feet on the east
side fora non-exclusive easement. There have been concerns over the
possibility there are burials in that area. He did not see the advantage
of trying to split this outs It would be up to the Board, The hearing
at the present time is set for the entire parcel of ground. This is the
parcel of ground that is referred to in the telegram, He suggested that
the county do a survey on this property. It would be of assistance in
any event if the Board was to go with the proposed settlement or with
the original legal description. The Board would abandon the quit claimed
portion of the property as an active cemetery and would carry a provision
that there would be certain people having the right to be buried in the
cemetery, such as a wife or someone with interests.
Mr. Blackstock set out where the road would be> The road that
been in dispute is the road on the east side.
Hearing open to the public< Appearing:
1. Jan Holman. Mrs. Holman stated that she appreciated the
intent of Mr, Hays to work this matter out. She has not been able to find
a map where the people are buried. She would like to see someone allowed
to test the soil and make sure that the fenced area includes all of the
burials. To the left there is a house there and a well for that piece of
property being located to the north of the structure. There is no water
Eor the cemetery other than the well, She wondered if someone could donate
something they might not own. She wanted to know who would take over the
obligation of making sure that the people .a re allowed to be buried in the
cemetery. '
Mrs, Holman stated there was some confusion as to what the
1 society was. This was an"organization that was established in
Page 313,
October 30, 1979
October 30, 1979
79-
a'
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in the 1940s to avoid a pauper's funeralo Parrott Ranch Company made-a
donation of property as the people were afraid that the cemetery would
fill up and there would not be enough room. There was a certain amount
of money to cover the funeral, In the 1950s the cost for membership was
$150 plus $6 per year until about 1970 it increased to $300 glus $6 per
year. She set out how the graves were dug and the burials took placed
Mro Curtis had mentioned at the last meeting that one of his resource
persons was Henry Attleman, Mro Attleman was not his resource person for
the road, Mro Attleman had advised her that it could be possible that
he buried 100 people in ten yearso
She submitted 50 additional names to be added to the previous
petition presented to the Board and also two letters from people who have
people buried in the cemetery. She understood that the Hays family was
in the land development business. On November, 1971, they purchased the
place that was the funeral chapel for the society on 16th Street in Chico.
Tn the deed, the tax payable is none. She wondered if money passed hands.
Her concern was if the property was developed and sold, the Hays' would be
absentee owners. Her concern was the interred there. She submitted a
picture of where the the was put to the back and the split broken slab.
2, Elizabeth Durham Joseph. Mrs. Joseph had hoped that this
matter could be cleared up today. She had hoped that the decision would
be that the county would see the value of maintaining the entire area as
what was originally intented as a cemetery. Her grandfather, W. W. Durham,
selected this site for the family. She did not see creating an access
road through the property for multi-family residences> It was very
disturbing to hero He regretted that this was apparently the only access
to the back areao She felt other access should be found or the back area
abandoned and designated as part of the cemetery site, She felt the
county had a responsibility to insure the original intent and use.
3. Ralph Drown. Mr. Drown stated that he was interested in
Butte County History. The Butte County History Class took the position
to ask the Board to preserve the entire area of the old Durham Cemetery. ;
It is an item of Butte County history and should not be subject to change.
4. Curtis Hayso Mr. Hays requested that this matter be continued
so they could make a full study of the matter. There were a lot of concerns
raised by people that might not be resolved at the Board level. He felt
a lot of concerns could be settled. He asked that this be continued for
one month.
5. Donald Hays. Mr. Hays stated they were interested in turning
over the cemetery portion, used portion, to any interested body that is
willing to take it and maintain it. That has always been their intention.
They are willing to work with anyone interested. The portion being used
for grave sites is actually a liability, but a liability which they were
willing to accept in order to have the place maintained and kept in
reasonable state of affairs in order to build on the northern portion of
the property. He-felt the question of who was going to maintain the
cemetery had to be resolved. The cemetery is visited by a lot of people
and there is a lot of clutter left. The lawn has to be mowed. It is
their intention to fence the entire area like has been done on-the highway
side.
Vice Chairman Winston asked the audience if they would be
willing to sit down and try to work the matter out?
Mrs. Joseph stated she had hoped the matter would be resolved
today. She wondered if the en~ire area would be dedicated as a Pioneer
Memorial Park. .age 314.
October 30, 1979.
October 30, 1979
79- Supervisor Dolan stated that^she would like toVsee a glan for ^
v the long time protection and public ownership of the cemetery. She did not
want to see this done so fast that everyone disagrees. She asked that the
Board give her and County Counsel the responsibility to show that the
county's intention is to come to a workable agreement.
Mr. Donald Hays stated that they pay taxes on the property and
have receipts for payment of those taxes on the cemetery. He felt geople
were getting the idea they were big develogers. They do have other pieces
of property. They are not involved in terms of buying and selling. When
they acquire something they normally hang onto it. He felt they had a
claim to the property the same as other people as they have a deed with
title insurance. They contacted Parrott Ranch Company and were told that
the property was given with no strings attached. This was obtained for
further expansion. There is no expansion planned. The only people they
have contacted are interested family members that have a memoxial interest
in the cemetery. Part of the Parrott addition has been built on on the
western side of the progerty. He did not feel it was really part of the
old cemetery area.
Mrs. Holman stated that she appreciated what Mr. Hays was saying.
She felt there might be legal aspects that would make no difference.. To
determine whether it is legally the Hayses then the discussions would be
pertinent. The county faced this problem at Forbestown. She wondered.
whether the Board wanted to set a precedent for allowing uses.
Public Works was directed to do a survey of the cemetery progeny.
Supervisor Dolan was appointed as chairperson of the Durham Cemetery
Committee.
The hearing was continued to December 4, 1979 at 11:30 a.m.
1775 ADDITIONAL MATTER PRESENTED BY SUPERVISOR WHEELER
Supervisor Wheeler stated she had recently attended a meeting
at the Chico Tree Imgrovement Center. .This was run by the U.S. Degartmen~~
of Agriculture and is now run by the U.S. Forest Service. It was very
interestingo She urged the other Board members to go out to the center.
1776 CORRECT RESOLUTION 74-214 AND MINUTES OF OCTOBER 16, 1979, MINUTE ORDER
79-1641
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, Resolution 79-214 authorizing filing of claims with the state
for Public Defender reimbursements and minute order 79-1641, October 16,
1979 minutes were corrected to reflect Penal Code Section 987.6 instead
of Penal Code Section 987b.
ADJOURNMENT
There being nothing further before the Board at this time, the
meeting was adjourned at 3:00 p.m. to reconvene on Tuesday, November 6,
1979 at 9:00 a.m.
ATTEST: CLARK A, NELSON, COUNTY CLERK-
RECORDER and ex-officio Clerk
of the Butte County Board of
Supervisors
~~ i Chairman, Board of Supervisors
By
Page 315.
' Octoiier 30, 1979