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HomeMy WebLinkAboutM111374_ _ _ _ _ _ _ _ _ _ _ _ _ _ Noxembgr_13,_1474 = _ _ _ _ _ _ _ _ _ _ _ _ _ _ Mr. Blackstock resumed his questioning of the witness. Chairman Madigan thanked the witness for appearing, when it was ascertained that the Board members had no further questions of Mrs. Santos. Meridian Road-Munjar area appeals continued to 1:30 p.m. Mr. Blackstock suggested that the Bnard call the representatives of the title companies and determine what evidence they have to offer. Their records could be submitted at this time. Forrest Xoung, manager of Mid Valley Title Company, was called and was sworn in and presented testimony. He had been subpoened by the County. He said he was prepared to give any information that the Board might desire. Mr. Young was questioned concerning the interest the title company had in this property. Mr. Young presented his files for the Board to have copies made of the documents needed, Board members questioned Mr. Young. He was asked if he aC any time had any dealings with Mrs. Santos, He answered "No", his dealings were with Mr. Santos. The first sale was to Paul Arends & Donna Arends, File No. 21529. The next sale was to Henning, File No. 22300. Time spent setting out the sales, who they were made to and the terms of the sales. Mr. Brian Rix questioned Mr. Young concerning the recording of the documents and the transfer stamps attached to the documents. Mr. Young stated that the instructions to the title company set out the amount of transfer stamps that should be affixed. These documents to be introduced into evidence later in the meeting. Mr. Blackstock set out records concerning several conveyances of property involved. The following exhibits were introduced into evidence: Exhibit No. 47-22-84, Deed from Jack'.Bowington to MidV'alley Title and Escrow Co „ including Che entire file of Order Number 20762 Exhibit No. 47-22-85, Grant Deed from Doris Dephena Mathews to Oleta Pate Horning Exhibit No. 47-22-86, Order Envelope of Mid Valley Title Co., No. 21529, involving sale from Donna Penny to Louis Venturini Exhibit No. 47-22-87, File concerning sale of Paula L. Nelson to Lawrence John McKee Time spent discussing the other files concerning the sale of these parcels. It was felt Mr. Young should put the other files concerning the transactions involved with Mid-Valley Title Company, Mr. Young will bring the balance of the files so copies can be made by the County. RECESS: 10:40 RECONVENED: 10:50 Mr. Rix called Sharon Frazier, also kaown as S. E. Frazier as the next witness. George E. Washington, attorney at law, appeared as representative of Mrs. Frazier. He has advised her not to answer any questions that might incriminate her:: Page 400. November 13, 1974 -___ _____ ___===Nosembgr=13,=147______________ - The Clerk gave the oath to Mrs. Sharon Frazier and she was questioned by Mr. Rix. Mrs. Frazier refused to answer any question asked by Mr. Rix. Mr. Rix stated that Mrs. Frazier has been employed by Butte County Welfare Department since 1964. Mr. Rix set out deeds signed by Mrs. Frazier and he asked if thQ,signatures were hers. She refused to answer. Mr. Rix felt it would be wasting time to ask any more questions of Mrs. Frazier. Chairman Madigan excused the witness at this time. Robert Lenhard, attorney at law, said he was appearing as attorney for the property owners involved in the Bangor area sales. He was retained by Ben Culet, to represent the property owners. He said he has never been here to argue Mr. Cuiet's case. He is not going to defend Mr. Culet. Bob Aisthorpe, attorney at law, represents Mr. Culet in his individual capacity. Mr. Blackstock asked Mr. Aisthorpe if he could have Mr. Cu let present this afternoon. Mr. Aisthorpe said he would present this request to Mr.Culet. Mr. Blackstock stated that Val Quintana, Butte County Title Company, would be present this afternoon. His files concerning the escrow documents involved in these sales are being duplicated at this time. Mr. Rix stated that subsequent to this date, he had prepared subpoenas for the following people: Charles Dobson ) Ben Culet ) not served Wiley Hatter ) Merritt Horning } out of range for subpoena Charles Murray } The Chairman asked Mr. Rix if he had any further questions or witnesses regarding the Bangor area appeals. Mr. Rix said he had nothing further at this time. Hearing opined to the audience for anyone that desired to speak on the Bangor area appeals. Appearing: ~ Mr. Richard Rockwell, attorney at law from Antie,ch, California, stated he has filed notice in this proceeding an appeal for Cheater Potter and Elizabeth_~aEter. He has also been requested to represent Mr. and Mrs. Selken. He has been asked to represent John Lightfoot. He said he would Like to speak on behalf of all these clients. Mr. Rockwell said that as near as he could understand, each of these purchasers were innocent purchasers. They did not intend to avoid any County ordinance or act. Mr. Lightfoot built a cabin on his property and received permits from the County. Mr. Potter built a storage shed on his property; this did not require a building permit. Mr. Rockwell presented evidence on behalf of these clients. He said he would merely request that this Board make a determination that these people are innocent purchasers and allow a certificate of compliance to be issued to each of thAm. He had the financial records of these purchases. Request discussed; no action taken on said request. CONCOW AREA APPEALS Mr. Rix called Mr. John Hamby as his next witness. Mr. Hamby has been served with a subpoena. John Hamby was swore in and gave testimony. Dan Blackstock questioned Mr. Hamby concerning his profession. Mike McEnespy, Planning Department, requested that Mr. Hamby give his State L3:cense No. Page 401. November 13, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ FTo~embgr=13,=1874 = _ _ _ _ _ -- _ _ _ _ _ _ _ _ Mr. Hamby said his-license nneiber is: SL 2843. Mr. Rix asked Mr. Hamby who had hired him to do the survey work, Ben Culet contacted him for the survey work at Concow and Bangor areas. Mr. Hamby said he did not £eel that he had violated the map act. Mr. Brian Rix asked Mr. Hamby i£ he had prepared and recorded a record of survey of the work he did in the Concow and Bangor areas. Mr. Hamby said he did not record said record o£ survey. He monumented all the corners. Mr. Culet contacted Mr. Hamby in March, 1969 to do the survey work on the property. Mr. Hamby referred to his ledger sheet showing the progress of the work. Mr. Rix requested these sheets to make copies of them for the County file. Mr. Hamby was questioned by Board members concerning Mr. Culet's contacts and the ownership of the property being surveyed. Mr. Hamby was asked if he was required to file a record of survey on property that he surveys. He said it is required to file a record of survey, but he has not done so on these properties. No further questions of Mr. Hamby. Witness excused. RECESS: Il:so RECONVENED: 1:30 p.m. Chairman Madigan asked County Counsel if under the law the surveyor is required to file a map and a record of survey, what is the next step for the County to take. Mr. Rix stated that the State Board for Surveyors would take steps in the matter. It is a matter for the State Board to handle. Chairman Madigan said he felt that this Board should make a recommendation to the State Board about Mr. Hamby as he did not do what the law requires him to do. MERIDIAN M[TNJAR AREA APPEALS Mr. Rix stated that Mr. Hoiland was present with his attorney, Phillip Houx. He is involved in the area of Meridian Road-Munjar Road. Bob Lenhard, representing the property owners in the Bangor-Concow areas, asked if these h~a.-rings were to be completed. Mr. Young, representing Mid-Valley Title Company, is now present with the files on the escrow proceedings for the west side of Meridian Road. Mr. Rix said he would recommend that the Board set the matter over for a final hearing so the Board would have sufficient time to study the documents. Supervisor McKillop agreed that the hearing would have to be put over so that subpoenas could be served on Mr. Culet and Mr. Santos. At this time Mr. Rix stated he had served a subpoena on Mr. Justin Smith and he was present and ready to testify. Mr. Smith was calle3 and was sworn in by the Clerk. Mr. Burness, attorney at law, appeared as counsel for Mr. Smith. Mr. Rix cross-examined Mr. Smith about the transfers of property in the Meridian Road-Munjar Road area. Mr. Smith testified that the reason Mrs. Jacqueline Santos' license was allowed to be placed in his office was so °"' Page 402. November l3, 1974 ______________November=13,=1274=====_____-- _ she could list property with Sears Porter Realty and collect fees. Mr. Smith set out the background of these land transfers. Family tree of parceling in the area set out and discussed. Witness excused. Mr. Val Quintana was present at this time representing Butte County Title Company. Mr. Blackstock stated that the records of Butte County Title Company concerning the Concow area were now being duplicated. Mr. Quintana was sworn in by the Clerk and presented testimony. The files of Butte County Title Company and deeds concerning the Concow area land transactions were presented into evidence and are attached to these minutes, each one by number and name, as though set out in full at this time. The Board will review these documents and will discuss them at the next hearing. The Concow and Bangor appeals were continued to December 11, 1974 at 9:00 a.m. MERIDIAN-MUNJAR ROAD APPEALS Mr. Rix called Mr. Vietta as the next witness. Mr. Vietta was sworn and testified. Mr. Vietta explained his purchase of the property and his sale of the property to other persons. He sa-ldc~his property to Mr. Justin Smith. Mr. Vietta explained the parceling of the property by Mr. Smith. As there were no further questions of this witness, the Chairman excused Mr. Vietta. Mr. Rix called Mr. Floyd Meier. M~. Meier was sworn and testified. Mr. Rix questioned Mr. Meier about his relationship with Justin Smith and concerning the purchase of property by Mr. Meier. Mr. Meier was questioned by the Board members at this time. Witness excused. Mr. Rix called Mr. Scott Hoiland gas his next witness. Mr. Hoiland was sworn and was then questioned by Mr. Rix. Mr. Hoiland was represented by his attorney, Phillip Houx. Mr. Houx stated the t the deeds of trust have-all gone into default and Mr. Hoiland has the property back into his possession. Mr. Houx also represents Mrs. Wright; she was foreclosed by a trustee sale. Mr. Rix questioned Mr. Hoiland concerning his relationship with Mr. Horning and Aleta Pate. He asked him how he had acquired the property. Mr. Hoiland set out the background of the purchase of his property. Mr. Rix asked if the Board would like to issue another subpoena for Mr. Young and have him bring in the other records. Mr. Rix was requested to have the aubpoena_.issued for Mr. Xoung to bring in the other records €or the Board's consideration. Supervisor Gilman said he would hope that the records could be produced prior to the next hearing so the evidence could be documented and a decision could be made. Mr. Hoiland was questioned about the 40: acre parcel of property that he owned and concerning the five-acre parcel he had purchased. The hearing on the south-east quadrant of the Meridian-Munjar area continued to December lly. 1974 at 9:00 a.m. Forrest Young spoke at this time stating that he hoped the Board would go after the ones that are guilty, not those innocent third parties. SupervisorGilman said the County is not going after the innocent third party. Mr. Blackstock asked what can be done with the innocent purchaser; this is a problem that the Board will have to discuss on December 11th. At that meeting, the Board will have to decide what they will do about the matter. Page 403. November 13, 1974 - _ _ _ _ _ _ -_ _ _ _ _ _ = Nrnrember=l3,=1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ He said this will have to be a finding by the Board and there is no way that they can do it until they review the volume of paper work. At this time Mr. Young delivered to the Clerk a series of files that will be placed into evidence. Each Order No. file will be given an exhibit number and will be attached to these minutes as though set out in full. The originals will be returned to Mr. Young when the documents have been duplicated. Mrs. Larry Miller asked if her lot was still considered an illegal lot split. She explained how she had purchased her property; it was purchased two years ago. Her property was surveyed and she does have a copy of the map. She will mail the map into the Board. She makes her payments to Delbert Sudsberry, Woodland Avenue, Chico. She was thanked for her information and told she should come back on the 11th of December. Mr. Hoiland called back to the witness stand at this time. He testified concerning the tree of the 40-acre parcel of property he purchased from Beverly Horning. Mr. Rix set out the transfers of this property to Mr. Vietta and Mr. Dugent. Mr. Hoiland questioned by Board members. Mr. Hoiland stated that this 40 acres that had been divided has all been deeded back to him with the exception of one parcel that is osned by Larry Dix. There are no buildings on any of these parcels of Mr. Hoiland. His idea is to get the property back into the one parcel; they will then use it for agricultural purposes. Mr. Hoiland was excused at this time. Mr. Rix called Mr. Vietti back to the stand for re-questioning; informing him that he was still under oath. Mr. Rix set out the background of the-sales,_£nvolving Mr. Vietti. Mr. Vietti said he checked with the title companies regarding the matter of dividing the property. Mr. Rix asked him if he had transferred these parcels knowing that parcel maps would be required after March 5, 1972. Mr. Vietti said that he did know this. Mr. Vietti said he attempted to put both parcels of property back into whole parcels. There are no dwellings on any of the parcels. Mr. Vietti requested that all the people involved in the parcel split go into Mid-Valley Title Company and re-convey the property back to him; he paid the title fees. Witness excused at this time. Mr. Rix called Mr. Jack Goodman as the next witness. Mr. Carl Leverenz appeared as attorney for Mr. Goodman. Mr. Goodman was given Che oath by the Clerk and was question by Mr. Rix. Mr. Goodman's property is west of Meridian Road (Parcel AP 47-10-54). Mr. Goodman narrated how he had purchased the property and the history of his division of the 40 acres. He stated that he had divided the property into 4 parcels, selling two of the parcels to Ray Goodman; they are still paying on the original note. They are making their payments to Sears-Porter Realty. Mr. Blackstock cross-examined Mr. Goodman concerning the First and Second Deeda of Trust on this property. Mr. Leverenz questioned Mr. Goodman about the price he paid for the property. He asked him about his thinking when the split the property into the four parcels. Mr. Goodman felt he was complying with all the requirements for parceling. Mr. Leverenz asked if this hearing would be continued to December 11~ 1974. Chairman Madigan said it would be continued to December 11, 1974; the Board cannot make a decision until all the evidence Page 404. November 13, 1974 _ _ - _ _ _ _ _ _ _ _ = T _ November_I3,_1974 = _ _ _ _ _ _ ~ ~ - ' _ _ _ is in. Witness excused. Mr. Nnrman Hellman was sworn in and questioned concerning ~ his property divisions. He was represented by his attorney, Frank Willi:, of Chico. He purchased his property from Mr. Goodman. He divided his property and sold it in 1971. He is still making payments on the property. He purchased the property from Donna Penny. Mr. Rix cross-examined the witness concerning the sales of this property. Mr. Hellman said he had no thought of violating the subdivision act. Mr. Rix offered for the record.a page from the Chico Enterprise Record, page 9B, concerning an advertisement from Goodman Realty through Marion Beard. Page offered into evidence as Exhibit 47-22-88. Mr. Hellman drew a diagram setting out the division of his property. Meridian Road is contiguous to the property. Further questions were asked of Mr. Hellman concerning the tree of the division of Che properties involved. Hearing continued to December 11~ 1974. Mr. Brian Rix read a letter from Walt Lightfoot, 1077 lose Lane, Alameda, dated November 3, 1974, concerning the Concow area Iand divisions, Letter entered into evide®ce: Mr. Rix read the letter into the record. Supervisor Ladd spoke concerning the land divisions of Mr. Vietti. He felt it would be more beneficial if the Planning Aepartment showed the tree similar to the other areas, starting with the original parcel and owner. Mrs. Blair said that the Subdivision Committee was reviewing the parcels of less than 40 acres. She said she would be happy to supply the Board with the previous four-parcel histories that these parcels were divided from. She will give them to the Board members before the next hearing date. Mr. Blackstock said he would not recommend at this time that the County buy copies of the written transcript of this:,hearing. Tt is going to be necessary for the Board members to l~sok~at the evidence; there will be large stacks of evidence. The Board members could listen to the tape if they had questions concerning this hearing. On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, County Counsel was authorized to issue subpoenas for Tony Santos, Ben Culet and Forrest Young, and the Chairman was authorized to sign. Copies of deeds on the Concow, Bangor and Munjar area were presented and entered into evidence. Clerk to give these deeds exhibit numbers and attach copies of said list to these minutes. Hearings continued to December 11, 1974 at 9:00 a.m. 74-1692 ADOPT RESOLUTION 74-146 AUTHORIZING SUSPENSION OF RATES AND CHARGES FOR PRON~DTIONAL PURPOSES BY STATE TV CABI:E~A CORPORATION, PURSUANT TO THE BOARD OF SUPERVISORS FRANCHISE AGREEMENT A representative of State TV Cable appeared to explain the request to allow a reduced installation charge as a "Pre-Christmas Special". He said he understood there was some question about the hook-up for the Henry Salma area not being abrie to receive cable serv~ee. He said he has Page 405. November 13, 1974 Nov_embgr_13,_1974 received a letter from Mr. Nickelson requesting Cable TV to advise the Board about the plans for supplying cable TV to the people in the area of Henry 5alma. He said that Cable TV 1~as budgeted the construction of the trunk and feeder:: line for that area to be done in 1975. He explained the pattern of the cabla line in the Chico area. The extensions set out. The company feels that they have to do things in an orderly manner. Connections behind Shasta Union School explained. These connections Dill be done in the near future; it is merely an extension of a feeder line. Request discussed. On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, Resolution 74-146 authorizing suspension of rates and charges for promotional purposes by State TV Cable, a corporation, pursuant to the Board of Supervisors franchise agreement was adopted and the Chairman was authorized to sign. 74-1693 APPROVE APPOINTMENT TO GRIDLEY MEMORIAL HALL COMMITTEE On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, William Channon, Gridley, was appointed a member of the Gridley Memorial Hall Committee. 74-1694 DISCUSSION: BUTTE COUNTY BOARD OF EDUCATION: EIS CAL TNDEPENDENCE ~estte=-County Board of Education fiscal independence discussed. Supervisor Gilman stated that he understands that the Superintendent of Schools knew that the Chico school district had a serious problem. Budgets for the schools discussed. It was felt that the Superintendent of Schools should respond to the questions that concern this Board. Matter put over to December 10, 1974 to have the Superintendent of Schools speak on the matter. 74-1695 ADOPT RESOLUTION 74-147 R~_SACRAMENTO RIVER BANK PROTECTION PROJECT Dan Biackstock, County Counsel, reported on the proposed resolution concerning the Sacramento River Bank Protection project. This is where they want to form a maintenance district. This would be a request to the State Reclamation Board to prepare a study. On motion of Supervisor Gilman, seconded by Supervisa~McK31Iop and unanimously carried, Resolution 74-147 regarding the Sacramento River Bank Protection Project was adopted and theChairman was authorized to sign. 74-1696 ADOPT RESOLUTION 74-148-INTEI~IOOi ,~ PURCHASE PROPERTY FOR LIBRARY PURPOSES IN DURHAM _ ~.. Acquisition of site for=library services in Durham discussed. Supervisor McKillop stated that he had looked at the building and did not think it could be replaced for the price requested. If the Board feels there should be a branch library in Durham, this is the way to go. Parking problem discussed. Tom Struthers explained how the parking problem could be solved. Mrs. Terry, County Librarian, that that this site is adequate and is quite happy with it. On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, Resolution 74-148 notice of intention to purchase property for library purposes in Durham was adopted, the Chairman was authorized to sign, December 17 at 2:00 p.m. set for time of hearing, and Purchasing and Administration were authorized to negotiate for parking site. Page 406. November 13, 1974 _ _ _ November_ 13 , _ 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ 74-1697 ACCEPT RESIGNATION OF LUPE GREENE, ALCrOHOL ADVISORY BOARD On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the resignation of Lupe Greene as a member of the Alcohol Advisory Board was accepted, with the request that a letter of appreciation be sent for services on this Board. 74-1698 ACCEPT RESIGNATION OF DR. PAUL STILLEY AS MEMBER OF CHILD HEALTH & DISABILITY PREVENTION PROGRAM ADVISORY BOARD: -- On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, the resignation of Dr. Paul 5tilley and llss.. Emma Sean Di1-loo-as.mambers of the'Chi1d Health and Disability Prevention.Program Advisory~•Baard ~3e3~eeacceptad. 74-1699 WAIVE FIRST READING OF ORDINANCE AMENDING SALARY ORDINANCE: FOOD STAMP PROGRAM On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, the Board waived the first reading of the ordinance amending the salary ordinance for positions to handle the Welfare food stamp program. 74-1700 RE VEST TO SPEAK TO BOARD: CHICO WORKSHOP Sohn McLaughlin, Chico, has advised the County that the Chico Work Training Center has hired the law firm of Peters, Fuller and ltaah. to represent them. They would like to speak to the Board on Tuesday, November i9 1974. The Board requested that Mr. Nickelson inform them that the Board is tied up next Tuesday; it will be a short meeting as Board members have to go to another meeting out of town. 74-1701 MATTERS PRESENTED BY BOARD MEMBERS Supervisor Cameron reported on the meeting of the members of the five County Emergency Medical group. Membership in the group should be made up of the members from the five counties and a member of the Superior California Comprehensive Board. Colusa and Glenn County do not have a Health Council. Matter discussed. Supervisor Gilman said they should all be a member and part of the Comprehensive Halth Plan. 74-1702 GRANT 90 DAY EXTENSION ON THE KERBER MATTER Dan Blackstock, County Counsel, said he would Like authority to give the Kerber matter a 90 -day extension of time. On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, a 90-day extension was granted on the Kerber matter. There will be an executive session next Tuesday and this matter can be discussed. It was felt the architect should be present at this mestin$. AD.TOURNMENT: There being nothing further befar~-.the Board at this time, the meeting was adjourned at 6:00 p.m, to reconvene on Tuesday, November 19, 1974 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK Y a By: airman of the Board Board of S ervisors Clerk Page 407. November 19, 1974