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December 18,'1979
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
79- The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
?~ Present: Supervisors Dolan, Moseley, Winston and Chairman Lemke
i Clif Mickelson, administrative officer; Dan Blackstock, county counsel;
and Clark A. Nelson, county clerk, by Nancy Wilson, deputy clerk. Absent:
Supervisor Wheeler
Pledge of Allegiance to the Flag of the United States of America
', Invocation by Supervisor Moseley
RECESS: The Board recessed at 9:03 a.m. to hold a BCAG meeting.
RECONVENE: The Board reconvened at 9:14 a.m. following a BCAG meeting.
2010 APPROVAL OF MINUTES
On motion of Supervisoz Dolan, seconded by Supervisor Moseley ,
and carried, the minutes of Decembez 11, 1979 were approved as mailed.
2011 APPROVE CETA ITEMS
On motion of Supezvisor Winston, seconded by Supervisor Moseley
and carried, the following CETA items were approved:
1. Appzoved submission of modification to FY 80 Comprehensive
Employment and Training Plan in accordance with Department of Labor's
instructions and modification of final fund availability, subject to
CETAC review and comment, and authorize the Director to sign.
2. Authorized a letter of response to the Department of Labor
on fourth quarter assessments for FY 79, subject to CETAC's review and
comment, and authorize the Chairman to sign.
3. Authorized a Request for Proposal to be developed by the
Administrative Office for insurance liability coverage; approve staffing
request and waive the first reading of the salary ordinance creating
nine additional positions.
2012 AUTHORIZED PURCHASE OF AUTOMATIC TELEPHONE ANSWERING MACHINE BY AGRICULTURAL
COMMISSIONER
On motion of Supezvisor Moseley, seconded by Supervisor Winston
and carried, authorize the Agricultural Commissioner to purchase an auto-
; matic telephone answering sezvice machine to record messages coming--into
the office after regular working hours and because of new pesticide
regulations; estimated cost to be $320.
2013 ADOPTED ORDINANCE 20b$ - URGENCY ORDINANCE RE: PENALTY SUSPENDED ONE MONTH
FOR AOG LICENSING
Dan Blackstock, county counsel, stated this should be handled
through an urgency ordinance based upon the health and safety of the public.
', On motion of Supervisor Moseley, seconded by Supervisor Dolan
and carried, that urgency Ordinance 2068 regarding the $7.50 late dog
licensing penalty be suspended for one month for the period January 15, 1980
through February I5, 1980 to encourage more rabies inoculations and licensing
of dogs was approved and the Chairman authorized to sign.
2014 PRESENTATION OF DOG PROGRAM SET FOR JANUARY 15, 1980 AT 1:30 P.M.
Clif Mickelson, administrative officer, stated Mr. Cox has requested
time for a~presentation of the dog program for January 15, 1980 at 1.:30 p.m.
.Page 43I.
December 18, 1979
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December_18,_1979
79- 2015 APPROVED ACCEPTANCE OF QUIT CLAIM DEED -_LOUIS H. AND EMILE F. HUNTE
~'', On motion of Supervisor Winston, seconded~by Supervisor Moseley
and carried, authorized acceptance of quit claim deed of Louis H. and
Emile F. Hunte on behalf of Butte County and authorize the Chairman to
sign.
2016 ADMINISTRATION CENTER POLICIES TO BE CONTINUED UNTIL JANUARY 8, 1980
There was a request to delay adoption of policies regarding
the facilities at the new Administration Center until January 8, 1980.
2017 APPROVE BUDGET TRANSFERS
On motion of Supervisor Winston, seconded by Supervisor Dolan
and carried, the following budget transfers were approved:
B-47 - County Service Area 47. Increases the appropriation
for the service area in the amount of $84.8 for drainage maintenance as
allowed by the provisions of AB 8 before iovember 1, 1979. The funds
are provided from the district's unappropriated general fund.
', B-48 - Commu__nity Action A enc -Beautification Project YCCIP.
Establishes a $77,591 appropriation for the .project as follows: salaries
and wages, $59,450; fringe benefits, $12,809; travel, $425; consumable
supplies, $2,188; and lease purchase of equipment, $2.719. Funding for
the project is from unanticipated revenue from the U.S. Department of
Labor. This is a contract between CETA and CAA which was approved by
the Personnel Director on October 9, 1979. The period of the project is
from October 1, 1979 to September 30, 1980.
B-49 - Community Action P'ron.,ram - OEO - 1980 grant year. This
transfer establishes a budgetary appropriation for the Community Action
Agency 1980 calendar year block grant as approved by the Community Services
', Administration on November 2, 1979. The administration and community
services program is funded by $207,018 in unanticipated federal revenue
and $51,755 in-kind contributions.
', B-50 - Revenue Sharin -miscellaneous projects (unallocated
appropriation}. Transfers $13,964 from revenue sharing miscellaneous
expense to the reserve for the purpose of providing funding for two
additional clerks in the Chico Municipal Court as approved by the Board
on October 9, 1979; Minute Order 79-1634 to reflect the Board's intent
pursuant to final budget hearings that the department be funded through
revenue sharing.
B-51 - Agriculture. Transfers $320 from agriculture expense
to fixed assets - equipment to cover the purchase of an automatic tele-
phone answering service machine to record after hours and weekend calls.
2018 APPROVED POSITION RECLASSTFICATTON - COMMUNITY ACTION AGENCY (EOC)
On motion of Supervisor Moseley, seconded by Supervisoz Dolan
and carried, Community Action Agency reclassification of an administrative
assistant to executive secretary was approved.
2019 CONTINUED CHANGE OF OFFICE HOURS REQUEST OF MENTAL HEALTH UNTIL JANUARX 8, 1980
There was a motion by Supervisor Winston to approve change of office
hours for all units of the Mental Health Department except in-patient care.
Dan Blackstock, county counsel, stated at the present time there
is an ordinance to go into effect January 5, 1950 changing the present county
hours. He questioned if this Board was going to change the hours of the
different departments they should bring it back by ordinance. This would
give them the authority. The ~aveern~~2t code states it will be done by
ordinance. g
December 18, 1979
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79- Mr. Blackstock stated in Mental Health they have programs going
~' on all the time. The same as in the jail. They have regular office hours
and they are not the ones who are requesting a change.
Clif Mickelson, administrative officer, stated Dr. Maguire was
following the logical and acceptable procedure to effect a change in his
departments office hours. The Assessor's Office had made a big public
release about changing their office hours. The Assessor did not realize
the type of problems this was going to create.
Supervisor Dolan felt there had been previous discussion regard-
ing giving the department heads the flexibility of changing office hours.
Mr. Blackstock stated this is why the government code requires
changes to be handled through an ordinance.
Chairman Lemke stated they would hold this matter for a report
back from Administration.
Supervisor Winston withdrew his motion.
Mr. Blackstock felt Mental Health was in a seperate building from
the new administration building. He stated there would be no problem in
granting the Mental Health Department request.
2020 APPROVED PUBLIC HEALTH SUBMISSION TO STATE FOR MATERNAL AND CHILD HEALTH
CATEGORICAL ALLOTMENT
On motion of Supervisor Winston, seconded by Supervisor Dolan
and carried, authorized the Director of Public Health to prepare for
submission to the State Department of Health for 1980-81 renewal application
for the maternal and child health categorical allotment in the amount of
$2,871 revenue.
2021 APPROVED PUBLIC HEALTH TO SUBMIT APPLICATION FOR FAMILY PLANNING CONTRACT
Dr. Svihus, public health director, stated the application was
', for Family Planning Services, mostly to advise individuals on having child-
' ren in terms of pregnecy testing and to advise people who do not want to
bring children into the world. Family Planning is another name for unwanted
pregnancys. Dr. Svihus stated the $60 per visit is for the first visit
because of extensive testing by different staff members. He works together
with the Welfare Department.
Supervisor Winston repeated.. his statement that government was
trying to be all things to all people and he could not support this.
There was a motion by Supervisor Mosel ,, seconded by Su erv'sor Dolan
to authorize the Director of Public Health to su~mit a renewal ap~.zcatxon
'. for Family planning contract to the State Department of Health for the
Family Planning Services contract for 1980-81 in the amount of $75,000
revenue.
Vote on motion:
AYES: Supervisors Dolan, Moseley and Chairman Lemke
NOES: Supervisor Winston
ABSENT: Supervisor Wheeler
Motion tarried.
Page 433.
December 18, 1979
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79-2022 APPROVED GENERAL ASSISTANCE VARIANCE - WELFARE DEPARTMENT
~,; On motion of Supervisor Winston, seconded by Supervisor Dolan
and carried, the general assistance variance - case ~l04-S-4695 payment
of $153.50 per month for the subject case as requested by the Welfare
Director was approved.
'2023 APPROVED RIGHT OF WAY ACQUISITION AGREEMENT - FOOTHILL BOULEVARD (PUBLIC
WORKS DEPARTMENT)
On a motion of Supervisor Winston, seconded by Supervisor Dolan
and carried, the right of way acquisition - agreement for sale -Foothill
Boulevard 21574-78-1, PCL. 13 for:
Doris Church Everett 0.484 acre $1,381 price No Imp. $1,381 Tot a7
was approved for sale; authorized the Chairman to sign; and authorized the
Auditor to issue a warrant upon demand of the county's escrow agent.
12024 APPROVED PUBLIC WORK'S ITEMS
On motion of Supervisor Winston, seconded by Supervisor Dolan
and carried, the following Public Work's items were approved:
1. Contract Change Order No. 1 - placing county furnished thermo-
plastic for pavement markings in the increasing amount of $25,827.36 provides
far placing additional thermoplastic for pavement markings with funds avail-
able in original federal grant was approved and the Chairman authorized to
sign.
2. Notice of Completion of placing county furnished thermoplastic
for pavement markings has been completed; the project accepted and authorize
the filing of the notice of completion was approved.
2025 APPROVED PUBLIC WORK`S ITEMS
On a motion of Supervisor Moseley, seconded by Supervisor Winston
and carried, the following Public Work's items were-approved:
I. Accept improvements for Rancho de Thunder Subdivision Unit
No. 2; in lieu of performance and labor and materials bond, the developer
posted a letter of credit and a one-year maintenance bond is on file with
Public Works; authorize the release of the letter of, credit and commence
the one-year maintenance period.
2. Approve Caltrans service agreement for materials testing of
Skyway FAS Project RS-Y742 (2) to cover new policy of State Department of
Transportation requiring agreement to cover engineering services such as
materials testing on federal or state-funded projects with an estimated
cost of $2,200 and previously deposited funds axe sufficient and authorize
the Chairman to sign.
2026 AUTHORIZED PUBLIC WORKS TO ACCEPT TABLE MOUNTAIN BRIDGE FUND ALLOCATION
On a motion of Supervisor Winston, seconded by Supervisor Moseley,
and carried, that Public Works accept the California Transportation Commission
allocation of $2,811,200 from Federal Highway Bridge Replacement Funds for
the Tab 1e Mountain Bridge across the Feather River~aas authorized; and
requested 169.1 funds for the county's matching share of .the project was
', approved.
2027 AUTHORIZED EAST AVENUE AND ESPLANADE TRAPFIC SIGNAL MODIFICATION TO BE
ADDED TO CURRENT BUDGET
There was a motion by Supervisor Winston, seconded by Supervisor
Dolan that the Traffic signal modification at East Avenue and Esplanade
'. be added to the current budgetP;aged4341 Hazard Elimination Funds are
December 18, 1979
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79- available for the project with the estimated cost to be $80,000 and with
~' the county eligible for $60,000 under the Hazard Elimination Program and
169.1 funds, any costs above $60,000 would be from local road reserve
funds and authorize Public Works to request funds.
Clay Castleberry, public works director, stated this project
was planned for a year or two hence. To apply for this project they must
do so be the end of the year. This is by the Smorgy establishment in Chico.
Chairman Lemke questioned if they asked from those businesses)
contributions towards the signal lights. This was done in Paradise at
', Skyway and Oliver. The county had the handle on that.
Mr. Castleberry stated they did not have the handle on this. They
have made contact but with no encouragement. The county had to buy a
lithe strip of property for a wheelchair ramp on the corner.
Vote on motion:
AYES: Supervisors Dolan, Moseley, Winston and Chairman Lemke
NOES: None
ABSENT: Supervisor Wheeler
Motion carried.
2028 BOARD TO FOLLOW RECOMMENDATION OF TRAFFIC STUDY COMMITTEE RE: STOP SIGN
INSTALLATION FOR EL RENO AT EL PASO AND WHITE AVENUE
There was discussion regarding the North Chico traffic recommend-
. ation regarding stop sign installation for E1 Reno at El Paso and White
Avenue at this time.
Clay Castleberry, public works director, wanted clarification
regarding putting up four way stop signs. Mr. Castleberry had received
a letter from a neighbor in the area that they do not want traffic signals
for speed control placed at the intersection. He has made the Traffic
Study Committee ataare of the letter.
Mr. Castleberry is to follow the recommendation of the Traffic
Study Committee.
12029 ADDITIONAL MATTER FROM PUBLIC WORT.CS
Clay Castleberry, public works director, stated he had a copy
of a letter from MHM Inc., concerning the proposed Quail Ranch parcel map
on AP 28-08-08 and 28-10-09. He could handle this without it going through
', the appeal process. He was requesting authority to have the road deeded.
There are 20 acres.
Dan Blackstock, county counsel, stated he would like to look at
the letter and report back later today in the meeting.
Supervisor Winston was concerned about being consistent.
2030 DISCUSSION REGARDING LICENSE FEES FOR BUILDING AND CONSTRUCTION INSPECTORS
', Clay Castleberry, public works director, wanted the Board to be
aware that the building and construction inspectors are being required by
the state to pay. license fees of $68. They-have 30 people in the business
of inspection and it is being placed upon them by the state. The 30 are
to be grandfathered in but in two years they will be required to take a
test. He felt it should be paid by the County.
Clif Mickelson, administrative officer, stated there are dozens
of professiQa~s within the County who are required to obtain licenses such
Page 435.
December 18, 1979
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December 18 z 1979
79- as Counsel, District Attorney and on down the line. He cautioned the Board
~'' about opening up a flood gate. He disagreed with the state.
Mr. Castleberry stated he had been in opposition three years ago
but was not aware this was coming up again. It is SB 1367.
Chairman Lemke stated if he was given a copy of the bill he
would study it and give a recommendation on January 8, 1980 meeting.
2031 AUTHORIZED ENVIRONMENTAL IMPACT REPORTS ON SOUTH CHICO AND BIGGS-GRIDLEY
GENERAL PLAN AMENDMENTS AND REZONES TO BE DONE BY THE ENVIRONMENTAL REVIEW
DEPARTMENT
There was discussion regarding the Planning Department request
for an additional budgetary appropriation of $10,000 for.the preparation of
EIR's on the South Chico and Biggs-Gridley General Plan amendments and rezone
was held at this time.
Supervisor Winston was concerned about the chipping away of the
reserve. He questioned if it was possible to have the EIR's done in-house.
Earl Nelson, environmental review director, stated it could be
done in-house. The in-house people were presently working on other projects
such as North Chico. They have a large number of projects now, there was
a large build up due to the changing of the "A-2" zoning. Mr. Nelson set
out the various projects that his department had been working on. On the
Chico Airport Environ study,which he had just given them a report on, they
had contracted it out to the low bidder and they had done an excellent job.
Without that 6,000 acres it will enable them to hopefully improve the zoning.
', He will be getting additional help in January. He felt to keep from slowing
', down the process it should be contracted out.
Chairman Lemke stated in the South Chico and Biggs-Gridley area
', a number of EIR's have been completed with smaller projects in the areas.
He questioned if this information could not be used to help with other
nearby projects.
This was done on the Chico Environ report, Mr. Nelson stated; that
is why it was so low a price. He stated in the Biggs-Gridley area there
were a lot of drainage problems.
Chairman Lemke questioned when his job was going to be over. When
will they have studied every scrape of ground and what is going to happen
and what can be distinguished as to when this will come to an end. He felt
they could study the land for ever.
Mr. Nelson stated they could possibly study all of the land in the
county and some type of report covering every square inch of the county
j and then they would only need to study those changes that cause a change
in the General Plan. The areas have to be suitable and useful in order to
qualify. The information is available when they find a need for an environ-
', mental study.
Supervisor Winston stated he had a difference of opinion on this
and the Board was faced with running out of money. If they approved the
$10,000 they may have to lay off a sheriff deputy.
Mr. Nelson stated the Planning Department~has established areas
of precise zoning in the county they must phase out the "A-2" zone.
Chairman Lemke felt possibly they could wait until someone in any
particular area wanted a zone c~an~e and have them finance it.
ag 436.
December 18, 1979
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Supervisor Winston stated he had no argument with that procedure.
He was concerned about the additional staff to the Environmental Review
Department.
Mr. Nelson stated it would be less expensive to let the individuals
finance the zone changes. If the Board was interested in phasing out all
"A-2" areas rapidly they would need to contract it out.
Supervisor Winston stated the people wants government to stop
spending money. They are getting burnt out on this. Proposition 13 and
4 said this.
Clif Mickelson, administrative officer, skated he agreed. It
is easy for us to say, but without the money they can not get the EIR's out.
He felt maybe they should go one step further and contract out 100% and
have the Environmental Review Director as coordinator.
Mr. Nelson stated if there was one master EIR it would be help-
ful. It would not slow things down. He did not want to see government
get any larger or waste money. A certain amount of study is required by
law. He stated the Planning Director has a strong attitude to phase out
the "A-2" area.
Dan Blackstock, county counsel, stated EIR's are favorite targets.
If someone .does not like a project they can spend millions of dollars and
get the project over turned on environmental questions just because you
have an EIR. pne reason is to avoid law suits.
Bettye Blair, planning director, stated the Planning Department
was going by Board direction to place priority. South Chico was the high
priority with part of Durham next.. With Biggs-Gridley as second priority.
Supervisor Dolan stated she felt at budget time they increased
fees so the environmental assessments could speed up. The huge rezones would
continue to be a priority and to continue with the individual projects.
It was a broad area. The whole General Plan process was put on so they
could have a General Plan designation. She felt it make sense to make
long range planning. Pressure is not going to stop. Perhaps these could
go out to bid. Give those guidelines that are available on the EIR and
get lower bids as they did with the airport environ-study.
Supervisor Winston felt the whole process was becoming a rip off
and 1?assle. He felt the "A-2" could be gotten rid of and done without the
necessity of spending this kind of money for the environmental factors.
Mr. Nelson stated if there was objection to contracting these
projects out his department would work on them as best they could. With
the Planning Department sending them all kinds of projects they are going
to get bottle necked.
Supervisor Dolan stated there are areas all around the county
such as Chico, Durham and Forest Ranch that need to be dealt with.
On a motion of Supervisor Winston, seconded by Supervisor Moseley,
that the South Chico and Biggs-Gridley General Plan amendments and rezone
Environmental Impact Reports be done in house.
Vote on motion:
AYES: Supervisors Moseley, Winston and Chairman Lemke
NOES: Supervisor Dolan
ABSENT: Supervisor Wheeler
Motion carried. Page 437.
December 18, 1979
79- RECESS: 10:20 a.m.
~y', RECONVENE: 10:37 a.m.
'2032 ADOPTED RESOLUTION 79-253 - AUTHORIZED E. F. HUTTON AS BOND BROKER - RESCINDED
RESOLUTION 79-242
There was •.discussion regarding a Housing and Community Develop-
went proposal concerning a resolution authorizing tax exempt mortgage
assistance bonds not to exceed $100,000,000 held at this time.
Ward Connerly, Connerly and Associates, stated this is to generate
more financing without the county help. It would be tax exempt. He pointed
out E. F. Hutton could serve as underwriters- to this mortgage. This was
introduced by the chairman of the House. Ways and Means Committee and would
be tax exempt through the lease. A serious provision limits the use to
single family dwellings. There may be new provisions that go into effect
April 24, 1980. 2+br. Connerly suggest the Board adopt the resolution. At
least they would show their interest and intent.
Dan Blackstock, county counsel, stated the resolution authorizes
the use of the bond. They have a resolution drawn up. It would provide
that the county code be met and select the best underwriter firm that is
available. It does not name them in the resolution. Tf E. F. Hutton is
not going to serve the Board would not want to enter into such an arrange-
went. It would at least have to be a competative bid and provide for all
expenses coming from the sale of the bond. He would like to study and
give it full review and have specifics on the letter. The interest from
the mortgage are to make up the revenue of the revenue bond. They are
'. dealing with property that may or may not fall to number 2. It would be
ith low interest rates. Mr. Blackstock read from the rough drafC of the
resolution at this time. He wanted this resolution to bear muster whether
it goes in as grandfather or not.
There was a motion by Supervisor Moseley, seconded by Supervisor
inston that the Board adopt Resolution 79-253 which Counsel has read
regarding authorizing tax exempt mortgage assistance bonds not to exceed
$100,000,000 was approved and the Chairman authorized to sign.
Mr. Connerly stated the legislation that is going to come out
s going to limit how you use the bonds and they will be limited to the
aw.
Mr. Blackstock stated this is already in the resolution
Mr. Connerly stated the resolution satisfies all those things
are in the Ulman bill. There are some bond counsels that see the
goes whether or not you did adopt a program, whether you selected
ne to deal with it.
Mr. Blackstock stated he did not have the pro and con information.
. F. Hutton has expressed no interest at'this time and after the Board has
3opted this they will meet with E. F. Hutton regarding the underwriters.
r bond broker.
Vote on motion:
AYES: Supervisors Dolan, Moseley, Winston and Chairman Lemke
ABSENT: Supervisor Wheeler
Motion carried.
Page 438.
December 18, 1979
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Mr. Blackstock stated he felt they should authorize E. F. Hutton
as the bond broker and underwriter with the contract.
On motion of Supervisor Winston, seconded by Supervisor Dolan
and carried, the Board approved authorization of the appointment of E. F.
Hutton as bond broker and underwriter to review the bond contract.
Mr. Blackstock stated the Board has previously adopted Resolution
79-242 for a hearing date set with a minimum bid of $90,000. The property
had been purchased with HCD money and Mr. Connerly has suggest that~a clause
or statement be included that the use be limited to moderate or low income
houses. In order to do that the Board will have to rescind the resolution
and bring it back and set a new time for the hearing to be in February.
They will adopt the new resolution in January.
Mr. Connerly agreed regarding the resolution. He did not feel
being outside the target area was a material fact. But he did feel if
they are going to dispose of that site they were obligated to use people
with low and moderate income.
On a motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, Resolution 79-242 be rescinded regarding the sale of the
Burbank School site was approved.
HEARING) VARTANCE FOR ROBERT E. ADAMS FOR PLACEMENT OF A MOBILE HOME ON
AP 31-20-1-41, 1161 PLUMAS AVENUE, OROVILLE
The public .hearing for Robert E. Adams request for a variance to
Sections 19-LO and/or 19-12 of the Butte County Code for placement of a
mobile home on AP 31-20-1-41, 1161 Plumes Avenue, Oroville, zoning: "AR-MH"
was held at this time. ,
Lynn Van Hart, environmental health department, set out the back-
ground on this hearing. This request was somewhat different, Mr. Adams'
was requesting a mobile be placed on his property for a daughter and grand-
children. The daughter is dependent upon his family for transportation.
There is no health problem. It is somewhat different request so he asked
Mr. Adams to be present at the hearing if_the Board wished to ask any
questions of him. It is a matter of convenience, nobody is ill and every-
one looks after themselves. He did not recommend it for approval. The
ordinance is vague, it is to benefit from living next door.
Hearing open to the public. Appearing:
1. Robert Adams, Oroville. Mr. Adams stated he had discussed
this with Mr. Van Hart and his request is different from the normal one.
His daughter is planning to go to school, it is a special situation by
taking 'c are of his daughter and grandchildren. It is a personal matter
and he does not care to discuss it publicly. It is a very serious period
for his daughter and he feels there is safety involved. It is a useable
lot and he has no intention of developing it. The document on the county
map lacks 10 feet. He came before the Board years ago and they were going
to charge him for the full frontage, at the time the Board told him he would
have to be charged the full amount as it was a useable lot. He stated
the mobile would be behind a garage on the back of his property. It would
be nestled up next to his house and garage. There is sewer and water.
Mr. Van Hart stated in order to split the property he would have
to receive a variance from the Planning Department.
Hearing closed to the public and confined to the Board.
Page 439.
December 18, 1979
D~c~m~er 183 ~9Z9
79- On a motion of Supervisor Moseley, seconded by Supervisor Winston
b and carried, Robert E. Adams request for variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on AP 31-20-1-41,
1161 Plumas Avenue, Oroville; zoning "AR-MH" was approved for a period of
one year.
'.2034 HEARING: VARIANCE FOR EVELYN V. LACEY FOR PLACEMENT OF A MOBILE HOME ON
AP 31-20-3-21, 1942 10TH STREET, OROVILLE
The public hearing fox Evelyn V. Lacey's request for a variance
to Sections 19-10 and/or 19-12 of the Butte County Code for placement of
a mobile home on AP 31-30-3-21, 1942 10th Street, Oroville; zoning "AR-MH"
was held as advertised.
Lynn Van Hart, environmental health department, stated this was
a situation where a mother wants her son nearby to look after her. .,There
is sewer available.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Winston
and carried, Evelyn V. Lacey's request for a variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on AP 31-30-3-21,
19442 10th Street, Oroville; zoning "AR-MH" was approved for a period of
one year.
2035 HEARING: RON EDMUNDSON APPEAL ON PROPOSED NEGATIVE DECLARATION AND TENTATIVE
PARCEL MAP ON AP 26-24-2-04, PALERMO AREA
The closed hearing from October 16, 1979 for Ron Edmundson's appeal
of Advisory Agency's denial of proposed negative declaration and tentative
parcel map, AP 26-24-2-04, four lots, between Esperanza Avenue and Palermo-
', Honcut Highway, approximately 275 feet east of Lincoln Boulevard, Palermo
area was held at this time.
Clay Castleberry, public works department, stated this involves
a series of 12 lots which were subdivided in 1898. The developer wanted to
combine it in lots of three or subdivide. It did not meet current codes.
It has been suggested as ordinance amendment. The parcels would be con-
.. verted to acreage to meet requirements.
SUPERVISOR LEMKE ABSENT AT THIS TIME.
Mr. Castleberry suggested putting through an ordinance change and
putting it through the channels. It takes in considerable set back and the
ordinance was changed recently.
Del Siemsen, deputy county counsel, stated they were not talking
about a re-subdivision the applicant reverts back. to raw acreage. There
is no parcel map. One procedure is to revert entire 12 acre.. parcels into-
one and that is what the original purpose was.
SUPERVISOR LEMKE PRESENT AT THIS TIME.
Mr. Siemsen stated those type of standards do not take set backs
into consideration. Those lots that do not meet present day requirements
and the Health Department that would time be available or requirement per
April 4, 1974 health requirements. Mr. Siemsen stated they should deny the
appeal of the parcel map because it cannot meet requirement.
Supervisor Winston s~aged4~~is was a closed hearing of an appeal
December 18, 1979
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79-
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________==--=December 18,=172=== _____________
of the Advisory Agency denial and reading from the minutes it was recessed
to allow preparation of an amendment for the purpose of acting on the
denied appeal and adopting the amendment change.
It has been discussed with the ap~5i~~ant.
2036
On a motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the denial of Ron Edmundson's appeal of Advisory Agency's
denial of proposed negative declaration and tentative parcel map, AP 26-24-2-04,
four lots, between Esperanza Avenue and Palermo-Honcut Highway, approximately
275 feet east of Lincoln Boulevard, Palermo area was approved.
On a motion of Chairman Lemke, seconded by Supervisor Winston
and carried, a motion of intent to authorize the subdivision amendment was
approved.
PUBLIC HEARTNG: R. A. SCHOTT APPEAL OF PLANNING COMMISSION DENIAL OF PRO-
POSED NEGATIVE DECLARATION AND REZONE ON AP 52-012-52 (PORTION), PARADISE
WAS CANCELLED PER APPLICANT'S WRITTEN REQUEST
The advertised public hearing of R. A. Schott's appeal of the
Planning Commission denial of proposed negative declaration and rezone
from "A-2 Ltd." and "R-1" to "C-2" property located on the west side of
Lucky John Road, approximately 400 feet north of Skyway, identified as
AP 52-012-52 (portion), Paradise was cancelled due to the applicants
written request.
Chairman Lemke noted Mr. Schott's letter under communications.
2037
CONTINUED HEARING: L. W. AND L. H. JAMES REQUEST FOR VARIANCE TO SECTIONS
19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME
ON AP 47-13-39, ROUTE 4, BOX_454,_CHICO AREA; ZONING "A-40"
The continued hearing for L. W. and L. H. 3ames request for a
variance to Sections 19-10 and/or 19-12 of the Butte County Code for
placement of a mobile home on AP 47-13,39, Route 4, Box 454, Chico area;
zoning "A--40" was held at this time.
Lynn Van Hart, environmental health department, stated it was a
request for the James' brothers to put their mother on property where
they have a business operation and from his departments stand point it
appears to be legitimate. It is for a mother and aunt who are both elderly
and would benefit from the variance. There are other mobiles on the
property there being agriculture workers on the property. He believed
there was three on the property legally.
SUPERVISOR WHEELER PRESENT AT THIS TIME.
Mr. Van Hart stated on the original permit it has an agriculture
workers three are legal the fourth being applied for now for both the
mother and aunt.
Supervisor Dolan stated the previous hearing had been continued
because of a zoning violation.
Bettye Blair, planning director, stated they had his property
under investigation for zoning violation and did not want to cloud the issue.
The three mobiles are with permits with one agriculture and two legitimate
permits. They have been seperate requests.
Hearing open to the public. Appearing:
1. L. W. James, Chico. Mr. James stated they had originally came
from Oregon to work for SouthernP'acific Railroad repairing rail cars. They
Page 441.
December 18, 1979
79-
December 18,E 1y7~
came down in travel trailers, When. they moved the equipment they lived
out of them. One of the trailers is in a f~.eld and is empty. He cannot
sell it or give it away. If having these trailers ..are against the law
he was not aware of it, It is a family oriented business. They refurbish
commodity cars for all of California. Their work depends upon the weather.
It is not an 8-5 job, they are on call all the time. They have the trailers
spaced at each ends of the property due to vandalism. His mother is 80
years old and almost 100 deaf and very difficult to care for. The aunt
is 79 and in a little better health. His son runs the crew and lives in
a trailer. Another employee has been with them for 12 years and lives in
a 20 foot self-contained trailer. One trailer they use for an office.
They live at the end of Anita Road.
Supervisor Dolan was concerned with the conflict of industrial
and residential coming together.,
Mr. James stated there had been no problem until recently. They
make very little noise and are seperated by a half mile from the individual
who complained. They have special equipment. They do sand blasting. They
work on cars that have been in wrecks and do work on the insides of the cars.
There was a car shortage they have helped reduce this problem. They went
to Public Works and requested a permit. When they went before the Board
they were told they did not need any permit because it was agriculture
work. Different homes are under the agriculture permit and they treated, the
extra permit as agriculture owner. Two trailers will disappear. The
office will be replaced.
Hearing closed to the public and confined to the Board.
On a motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, L. W, and L. H. James request for a variance to
Sections 19-10 and/or 19-12 of the Butte County Code for placement of a
mobile home on AP 47-13-39, Route 4, Box 454, Chico area; zoning "A-40°
', was approved for a period of one year.
',2038 PUBLIC HEARING: JOHN D. DRAKE APPEAL OF ADVISORX AGENCY'S CONDITIONS N0. 13
AND 24 AND N0. I UNDER MITIGATION MEASURES ON WpODSIDE TENTATIVE SUBDIVISION
MAP, AP 44-47-74, SOUTH OF EATON ROAD, CHICO
The public hearing for John D. Drake`s appeal of Advisory Agency's
conditions No. 13 '.and 24 and No. 1 under mitigation measures of the environ-
mental assessment on the Woodside tentative subdivision map, AP 44-47-74,
46 lots, east side of Highway 99, south of Eaton Road, Chico was held as
advertised.
Earl :delson, environmental review director, stated the environ-
iental study that was done previously for the tentative map. They did an
nitial study in the process of this particular subdivision application.
'he only concern from the environmental study was the traffic. Tt would
epend upon the use. He felt Hicks Lane should be realigned further from
he freeway. They recommended a negative declaration with mitigation
ieasures.
Supervisor Dolan stated the check list was done for a previous
oject. Did it mean a conditional negative declaration.
Mr. Nelson stated this project has not been before the Board
iously. He thought it had been turned down.' The Advisory Agency
approved the check list.
Bettye Blair, planning director, stated it was a General Plan
t some time back. page 442.
December 18, 1979
_DecPmher 18~ ~9~9=
79- Hearing open to the public. Appearing:
~'
I. Mike Bird, Rolls, Anderson and Rolls, Chico. Mr. Bird stated
condition 13 was made by the Advisory Agency concerning Hackamore Lane.
This condition is requesting improvement on this lane to county standards.
This is a private and rural road. The traffic patterns change little in
the area immediately around the. projects.
Supervisor Wheeler questioned if they had talked to the people
on Hackamore Lane.
Mr. Bird stated they would like to have it remain a private road.
do not want improvements to county standards. There are about 17
ting parcels along Hackamore Lane..
2. Dave Jefferey, Drake Homes, Chico. Mr. Jefferey felt it was
not right to have the developer pay for traffic signals. The cost would
just be passed on to the buyer. He felt there were funds collected from
gas taxes to pay for the traffic control. They should not single out the
new home owner. Homes are becoming impossible to buy now.
3. Dan Drake, Chico. Mr. Drake felt they were singling out
the traffic signal expenses to discuss with the Board. Mr. Drake stated
the developer does not pay the cost the buyers bear the blunt. He felt
there was a gas tax that should be used for the traffic control.. There
are people who do not own automobiles but buy homes and must pay for the
traffic control signals. They are trying to make a point, they do not
quite feel sure Public Works has the authority to require a developer to
install or pay for costs of traffic signals. Regarding condition 13, the
county has requested them to put in county improvements but they will not
accept dedication of .maintenance.
Chairman Lemke agreed that the cost was not paid by the developer.
But if the subdivision had not been build would there be a need for the
traffic control?
Mr. Drake felt yes there would.
Chairman Lemke stated there is not a president but some commercial
enterprises have a share of traffic control upon approval of a project.
The projects contribute to the problem. if $60,000 is paid by the developer
and the balance of $20,000 to be paid by the county, there is no $20,000
laying around.
Mr. Drake felt the commercial was different than the private. He
questioned if they actually asked the residential individuals.
Mr. Clay Castleberry, public works director, stated they had made
requests of Stoneson at both Wagstaff and Clark and Elliott: Freestone,
Real Road and Schmele Road in Paradise.
Mr. Drake questioned if it was right to the single family home
Chairman Lemke stated the home owners on East Avenue, the traffic
at East Avenue and White Avenue would not have had the problems they have
today if they had required traffic control or handled it earlier in the
projects.
Mr. Drake felt in 10 to 15 years there might be an advantage
to the signals in this area, bu~ not at this time.
age kG3.
December 18, 1979
79-
~',
_________====Recember=18,=19.73=== _____________
Supervisor Wheeler stated her real concern was she had been
working with the committee in the northeast area and the impact of traffic
flow and trying to direct the flow through a different area. She agreed
she did not like passing the costs on but since Proposition 13 was passed
they have had to find different avenues. Supervisor Wheeler stated Mr.
Drake had done a fine job.
Del Siemsen, deputy county counsel, stated it had been a con-
dition of the map.
Supervisor Dolan felt it was better planning the way it was
being done.
Mr. Drake stated it was just the method of paying for them. The
point he was trying to make was move to have the traffic signals paid
through a different method such as through taxes as it benefits those who
pay for it.
Mr. Siemsen stated the Advisory Agency found the project to be
a conditional negative declaration with a finding that it be a mitigation
measure to install a signal light. Without the mitigation measure you
have a significant impact and there are many contributions to that. With
that mitigation measure it is a conditional negative declaration.
Hearing closed to the public and confined to the Board.
Mr. Siemsen stated if they accepted the Advisory Agency's con-
ditional negative declaration they did not-have to go through that process.
If they are changing it they would.
There-was a motion by Supervisor. Wheeler; seconded by Supervisor
Dolan to uphold John D. Drake's appeal of condition number 13 of Advisory
Agency's decision on Woodside tentative subdivision map, AP 44-47-74, 46
lots, east side of Highway 99, south of Eaton Road, Chico area and allow
condition 24 and no. l under mitigation measurers of the environmental
assessment was approved.
Vote on motion:
AYES: Supervisors Dolan, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Moseley
Motion carried.
20391
RECESS: 12:20 p.m.
RECONVENE: 1:40 p.m.
SUPERVISOR WINSTON ASSENT AT THIS TIME.
PUBLIC HEARING: WILLIAM WILSON APPEAL OF ADVISORY AGENCY'S DENIAL OF
NEGATIVE DECLARATION ANA TENTATIVE PARCEL MAP, AP 25-16-22, 24 AND 25,
TWO LOTS, EAST SIDE OF HIGHWAY 70, APPROXIMATELY ONE MILE SOUTH OF POWER
HOUSE HILL ROAD PALERMO AREA
The public hearing for William Wilson's appeal of Advisory Agency's
denial of a negative declaration and tentative parcel map for AP 25-16-22,
24 and 25, two lots, east side of Highway 76, approximately one mile south
of Power House Hi11 Road, Palermo area was held at this time.
Earl Nelson, environmental review director, set out the background
on this project. Mr. Nelson noted two concerns of his department. A
portion of the project is subTect to flooding and inundation. The other
Page 444.
December l$, 1979
_ __ __ __ _ _ - _ ^ __ _ _ _ _ D e _ c e _ m b _ e r _ 1 _ 8 L 1 _ 9 7 _ 9 ~ T _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
7g- concern being the surrounding land use of five acre .lots are not relative to
3 the General Plan. They recommend a negative declaration.
Bettye Blair, planning director, stated this project was received
by the Planning Department previous to the General Plan change in 3uly and
October. Ms. Blair had previously noted to the Board there would be projects
coming forward where there would be radical changes. The Board was sent
copies of the Planning Director's report and staff findings. In the event
the Board approved the project she presented copies of page 46 of the Land
Use Element indicating orchard and field crop criteria, as they will have
to be considered.
Supervisor Dolan questioned if the form they had been using which
indicates conformity, was oral or written.
Ms. Blair stated it was a brief form they had been using to aid
developers. They have abandoned this process as they needed more information,
but it was used at that time.
Hearing open to the public. Appearing:
1. Mike Evans, Ron Graves & Associates, Oroville. Mr. Evans
stated in the Planning Director's report there was a question of the
interpretation of words. It was a policy to limit five acres. They are
trying to comply. There is 3 - 40 acre parcels. The five acre parcel
existing is residential. When they began the process and submitted to
Environmental Review, Caltrans stated there were no problems as the drive-
way had been there for years and years. For future development of the
115 acres they would like to re-evaluate it. There are 5 acre parcels
vacant. The two parcel maps on the AP page were done by his firm. They
relocated the lot line and lumped remaining into larger parcels.. When
they started in ,7uly it conformed with "A-5" zoning.-They had waited months
for the project to clear the state clearing house. There had been problems
with verbal calls for zoning. They plan to retain five acres for their
home.
Chairman Lemke stated according to the Advisory minutes ane of
the concerns was the 1 to 5 acres. This was a judgement decision made
by Bob Gaiser, Planning Department, who had the main series of expression
throughout the meeting.
Del Siemsen, deputy county counsel, stated they did need to go
through a negative declaration.
Hearing closed to the public and confined to the Board.
There was a motion by Supervisor Moseley, seconded by Supervisor
Wheeler that finding that althought the proposed project could have a
significant effect on the environment, there will not be a significant.
effect in this case, and recommend a negative declaration.
Mr. Nelson stated the required mitigation would be included to
show areas subject to inundation from Wyman Ravine on the final map.
Supervisor Dolan questioned if .they have a required mitigation
that shows that part of the parcel property floods which goes back from
the area of the building.
motion.
Supervisor Moseley did not feel it necessary to include in her
Page 445.
December 18, 1979
79-
d
.___--_= ====_December 1$,=1~7~==-= _-__---_____-
Mr. Siemsen stated they should keep in mind a conditional negative
ieclaration. According to SEQA the applicant has agreed to it as part of
the project. The Board is only looking at a project that will do this the
project is mitigated if they talk about certain portions of the impact
report. Mr. Siemsen stated Supervisor Moseley had covered it if she was
adopting a negative declaration on approval of the map itself.
Supervisor Moseley stated she was going to omit it.
Vote on motion:
AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke
ABSENT: Supervisor Winston
Motion carried.
Mr. Siemsen stated to put conditions and finding that are requited
in the orchard and field crop.
There was a motion by Supervisor Moseley, seconded by Supervisoz
Wheeler, to uphold the appeal of William Wilson's Advisory Agency's denial
of a tentative parcel map for AP 25-16-22, 24 and 25, two lots, east side
of Highway 70, approximately one mile south of Power House Hill Road,
Palermo area; finding that it is in conformance withal) Average existing
parcel sizes ranging from 5 to 10 acres. 2) Adjacent to or in the general
vicinity of urban boundaries. 3) Present status of agricultural production
will not be significantly impaired; the project is in conformance with the
General Plan and health and safety of the county and subject to the follow-
ing conditions:
1. Deed to the County of Butte 40 ft. right-of-way from the centerline of
State Highway 70.
2. Indicate a 55-ft. building setback from the centerline of State High-
way 70.
3. Show all easements of record on the final map.
4. Pay off any assessments.
5. Obtain a State encroachment permit for any new dziveways.
b. Pay any delinquent taxes. ,
7. Provide a 100-ft. leachfield free azea around existing wells within
and/or within 100 feet of the property boundaries.
8. Show 100-ft. leachfield setback from the high water line of the stream
on Parcel 2.
9. Prove water or put the statement on the map that "No evidence as to
domestic water is available".
Supervisor Dolan stated the greatest light area is not 5 to 10
acres. She did not agree that somebody got stuck. She felt the Board was
given direction during the General Plan discussion that it was not for
small parcels in the urban area. It is to say, you do not have to conform.
Vote on motion:
AYES: Supervisors Moseley, Wheeler and Chairman Lemke
NOES: Supervisor Dolan
ABSENT: Supervisor Winston
Motion carried. Page 446.
December 18, 1979
79- 2040
~';
_ _ _ - - _ _ _ _ _ = December 1$ ~ 197 _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _
PUBLIC HEARING: MARX E. DIAS APPEAL CONDITION 418 ON TENTATIVE MEADOW
ESTATES SUBDIVISION UNIT N0. 2, 44 LOTS, AP 43-04-129, AP 43-054-18 AND
19 AND AP 43-07-08, SOUTH SIDE OF WEST 11TH AVENUE BETWEEN FERN AND HOLLY
AVENUES, CHICO
The public hearing for Mary E. Dias' appeal of condition 4P18 on
tentative Meadow Estates Subdivision Unit No. 2, 44 lots, AP 43-04-129,
AP 43-054-i8 and 19 and AP 43-07-08, south side of West 11th Avenue between
Fern and Holly Avenues, Chico was held at this time.
Clay Castleberry, public works director, set out the background
on the Dias appeal. This project is located in the Chico Vecino area,
north of the city limits. This is in an area where they have a master
plan for storm drainage. The Advisory Agency set down the requirement
they provide permanent solution for drainage. To include conveying storm
drainage to Lindo Channel per the approved Chico-Vecino Storm Drain Master
Plan. This would cost about $5,000. The master plan that allows option .
for assessment districts over the whole thing. They tried this once before.
They found from small district down all the way to the channel has been
adopted for guidelines. Temporary facilities or put the facilities within
the planned area. To take it all the way to the channel is not economic
or fair. His department has worked with the developer. His share would
be $50,000 per acre basis. He has posted $20,000, he would be $30,000 in
the hole if he posted the balance. The other two conditions in the area are
dry wells and they have been abandoned. That he form a maintainence dist-
rict or have him go all the way to the channel when the final system is
completed.
Hearing open to the public. Appearing:
1. Mike McEnespy, McCain Associates, Chico. Mr. McEnespy stated
he would answer any questions. They were the contractors in the Peach Tree
plan and at that time deposited $20,000, It would cost $.100,000 and if
this piece of property is placed on the plan it will cost $50,000. It is
still $30,000 more than they are willing to face to do their part. Some-
time in the future they will be getting the water to the channel.
Mr. Castleberry stated it is temporary seepage pits until the
Board puts in a storm drainage district which he cannot recommend. The
additional $20,000 is for additional facilities on the way to the channel.
They want to accomplish what is best for the community.
Hearing closed to the public and confined to the Board.
Mr. Castleberry stated they have the developer placing two main-
tenance districts on this property.
Dan Blackstock, county counsel, stated from an engineering stand-
point if they allow this project to go and request this there is a likelihood
of damage because of floodage..
Mr. Castleberry stated seepage pits are not a 50 year answer.
For 10 to 15 years they have been doing this in the area. The Chico-Vecino
area. Fees are put on deposit and reimbursed to the developer.
On a motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, to uphold the appeal of condition ~I18 placed by the Advisory
Agency to be replaced by the condition as set out in the letter dated
December 13, 1979 and to include all items and formations of maintenance
district and temporary district of seepage pits and the following condition:
Page 447.
December 18, 1979
79-
• _ _ _ _ _ - - _ - - - = Dgcembez 18~ 19]9_ = - _ _ _ = T = - - _ _ _ _ _ _
18. a) Tnstall storm drainage collector system within tract, compatible
with facilities shown on Northwest Chico Storm Drainage Plan'.
b) Tnstall storm drainage trunk line along 11th Avenue in 'substantial
conformance with Pian along property frontage.
c) Provide for temporary disposal of stormwater, through installation
of seepage beds along the trunk line.
d) If the value of the facilities noted in a) and b) as computed in
the Plan exceeds the fee requirement noted in the Plan, no fee
will be required.
e) If construction costs of planned facilities exceed the fees
required under the Plan, fees currently on deposit may be used
to reimburse developer for excess costs.
f) Abandonment of the drywells situated on Lot 20 of Meadow Estates
Subdivision, recorded in Book 66 of Maps at pages 28 and 29, will
be allowed.
g) Form a maintenance district or County Service Area with a per
parcel charge for maintenance of facilities.
2041
2042
APPEARANCE: ROBERT WRAY
Mr. Wray spoke before the Board at the December 11, 1979 meeting
regarding a request for a water permit to drill a well. Mr. Wray was to
meet with County Counsel. Mr. Wray had spoke with Mr. Blackstock but he
had been very negative. He had contacted Mr. Smith at TID.
Dan Blackstock, county counsel, stated he had checked with Mr.
Smith, the Health Department and Public Works Department as to how the map
was filed and he did determine the map was approved on the basis Mr. Wray
would receive water from TID: The map was not approved for an individual
well. The map has already been recorded. They discussed the possibility
of filing an amended map.
There was discussion regarding filing fees.
Mr. Blackstock stated if they were going to go through a different
provision with this map it could not be done by Board action as the map has
been recorded. This is not in a sewer area.
Supervisor Moseley stated she did not condone what TID was doing.
It would mean three pipes in one ditch. There are three houses in the area.
Chairman Lemke stated they did not have any jurisdiction. They
could not give permission to issue a well permit.
of TID.
meeting.
Mr. Wray stated he could not afford to put in the pipe requirement
Mr. Wray was directed to contact the water district board at their
APPEARANCE: HENRY MC CALL
Mr. McCall was on the committee for awareness with the Oroville
City Council. Mr. McCall-was concerned about the juvenile crime rate.
Mr. McCall read from a prepared statement. He set out the statistics
regarding crime rate. Mr. McCall felt the law should be changed and
urged the Board to draft a 1et~er to the governor to repeal the sections
601 and 201. age 448•
December 18, 1979
79- ~ J Chairman Lemke^suggested they refer this matter to County Counsel
b' for the proper wording of the letter or resolution.
The matter was referred to Juvenile Justice Commission and County
Counsel for a report back on January 8, 1980.
2043 WAIVED THE FIRST READING OF ORDINANCE REPEALING SECTION 13-116 OF BUTTE
.COUNTY CODE RELATIVE TO SURFACE MINING AND RECLAMATION ACT
Dan Blackstock, county counsel, stated he had met with Mr. Hansen
and Mr. Camenzind and they recommended the deletion of that portion from the
code which confines the activities to only gravel/aggregate and apply code
to all mining. To 1,000 cubic yard within one acre, it did not effect
people on week ends or people looking for nuggets. The other thing was to
instruct Counsel to write the Attorney General's Office and get the definition
of surface mining.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, waive the first reading of an ordinance repealing Section 13-116
of the Butte County Code relating to the Surface Mining and Reclamation
Act.
County Counsel is to write the letter regarding the definition
of surface mining to the Attorney General's Office.
2044 APPROVED LETTER TO BE SENT TO STATE AIR RESOURCES BOARD CHAIRWOMAN NICHOLS
Dan Blackstock, county counsel, stated he recommended not sendin
the underlined portions of the letter to Chairmwoman Nichols of the State
Air Resources Board.
On a motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, authorized the mailing of a letter to Chairwoman Nichols of
the State Air Resources Board was approved and the Chairman authorized to
sign.
,2045 ACCEPT AGREEt1ENT WITH PACIFIC GAS AND ELECTRIC COMPANY RELATIVE TO USE OF
RIGHTS OF WAY
On a motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, authorized the acceptance of an agreement with Pacific Gas
and Electric Company relative to the use of rights of way was approved.
.2046 AUTHORIZED COUNTY COUNSEL TO PROCEED WITH SUIT AGAINST MR. TOURTE REGARDING
ZONING VIOLATION
On a motion of Supervisor Dolan, seconded by Supervisor Moseley
and carried, authorized County Counsel to so proceed with a suit against
Mr. Tourte regarding a zoning violation and failure to apply for a use permit.
2047 AUTHORIZED PUBLIC WORK'S DIRECTOR TO ISSUE PERMIT AND ACCEPT DEEAEA RIGHT OF
WAY FROM MHM INC., ENGINEERING
Dan Blackstock, county counsel, stated the Board should authorize
Mr. Castleberry, Public Works Director to proceed with the request from
MHM Inc., Engineering of Marysville. The County has the road and no one
else can do anything else with it. They have enough room for the sewer
facility and room enough for any other building.
There was a motion by Supervisor Wheeler,-seconded'by Chairman
Lemke-, that Clay Castleberry, public work's director, be authorized to issue
any necessary permits or accept a deeded right of way on the proposed
quail Ranch, AP 28-08-08 and 28-10-09 was approved.
Vote on motion:
Page 449.
December 18, 1979
Deeember_1$,_1~.74,
7g-, AYES: Supervisors Moseley, Wheeler and Chairman Lemke
~,' NOES: Supervisor Dolan
ABSENT: Supervisor Winston
Motion carried.
'2048 CONTINUED APPOINTMENT TO BUTTE COUNTY MOSQUIT6 ABATEMENT DISTRICT, DISTRICT
S UNTIL JANUARY 8, 1980
Continued until January 8, 198Q the appointment to District 5 Butte
County County Mosquito Abatement District.
2049 CONTINUED APPOINT2~NTS TO CITIZENS ADVISORY COMMITTEE ON DRUG ABUSE AND
ALCOHOL ADVISORY BOARD UNTIL JANUARY 8, 19$0
.Continued until 3anuary 8, 1980 the appointments to the Citizens
Advisory Committee on Drug Abuse and Alcohol Advisory Board.
2050 APPROVED APPOINTMENT TO MENTAL HEALTH ADVISORY BOARD
On a motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the appointment of Dr. Robin Nicols to the Mental Health Ad-
visory Board was approved.
2051 APPROVED SUPPORT OF LEGISLATION FOR SB 547 RE: PARK LANDS AND RENEWABLE
RESOURCES BOND ISSUE
On a motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the support of legislation of SB 547 regarding park lands and
renewable resources bond issue was approved.
2052 COMMUNICATIONS
R. A. Schott, Paradise. Mr. Schott writes requesting that his appeal of the
', Planning Commission's denial of his rezone scheduled for hearing
at 10:15 a.m.,be cancelled. Handled earlier in the meeting.
Cook Associates, Oroville. The engineers, on behalf of Southern California
Financial Corporation, appeal the Advisory Agency's conditions 3
and 10 (portion) for the Kelly Ridge Estates Unit No. 8 tentative
subdivision map, AP 34-04-103, 51 lots, north side of Hillcrest
Avenue, west side of Lodgeview Drive and east of Kelly Ridge
Road, Oroville area. Set for hearing January 29, 1980 at 10:00 a.m.
William P. Mace, attorney at law. The attorney sends written notice pur-
suant to Government Code Section 51245 that Midway Orchards will
not renew the Land Conservation Agreement as it relates to
AP 40-02-116 (1979-80 roll) in Agricultural Preserve No. 2.
Referred to Planning and the Assessor.
Winifred A. PcGinnis, Chico. Ms. McGinnis writes requesting that the Board
reconsider the closure of the White Avenue emergency gate from
Casa de Flores Mobile Home Park in Chico. Referred to Traffic
Study Committee. Supervi§or Wheeler to respond.
Tohn N. Bach, attorney at law. The attorney, on behalf of William A. and
Ginny Nielsen, file a claim in the amount of $300,000 plus future
damages as a result of the activities of the Environmental Health
Department on or about Gctober 1, 1979 in Chico. See motion
following communications.
Chico Area Bike Committee. 3ames M. Owens, chairman, writes requesting that
the Board consider secure bicycle racks at the principle bus stops
of the inter-city transit system and also that consideration be
given to the placement of transit bike racks attached to the
rear of the bus. Referred'to Public Work`s Department.
Yage 450.
December 18, 1979
79-
fi'
2053
2054
2055
______ _IlegembQr~1$,=1.973=-_-_-~_--------___~
hate Department of General Services. The department forwards information
advising that the state has acquired title to real property located
in the County of Butte (Department of Forestry - Feather Falls
Fire Station} and that appropriate action be taken pursuant to
Revenue and Taxation Code Section 498b relating to taxes. Information;
no action taken.
REJECTED CLAIM - WILLIAM A. AND GINNY NIELSEN
On a motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the claim on behalf of William A. and Ginny Nielsen in the
amount of $300,000 plus future damages as a result of activities of the
Environmental Health Department on or about October 1, 1979 in Chico was
rejected. Referred to County Counsel and Risk Management Coordinator.
ADDITIONAL COMMUNICATIONS
Terry B. C. Barnes, Tustin. Mr. Barnes appeals the denial of negative dec-
laration and rezone from "A-2" (general} to "TP1-10" and "Thf-20"
(timber mountain - 10 and 20 acre parcels} on property located
on both sides of Ponderosa Way, approximately 2 miles south of
Bald Rock Road, identified as AP 71-U2-27 & 29, containing 330.3
acres, more or less, northeast of Oroville. Set. hearing date
of January 29, 1980 at 10:15 a.m.
Russell A. Croninger, Ringel and Associates, Inc. Mr. Croninger requests
tine before the Board to clarify conditions or appeal set by the
Advisory Agency. Hearing date set for January 29, 1980 at 10:30 a.m.
Letter to be sent to Mr. Croninger and Mr. Brazell regretting the
dates they requested far hearing were not available.
ADDITTONAL. PSATTERS BY BOARD MSMBBRS
Supervisor Moseley read a letter of resignation from Mr. George
Wirth, Agricultural Advisory Commission in District 4. A letter of apprec-
iation is to be mailed to Mr, Wirth and the vacancy posted.
Chairman Lemke read a memo prom Clif Nickelson, administrative
officer, requesting direction regarding changing Board meeting time to an
earlier hour as the balance of the county is to begin work at 8:00 a.m.
daily.
Chairman Lemke stated he had received a confirmation r"rom the
County of Placer regarding their resolution to do with AItB.
Chairman Lemke had received a request from CSAC concerr_ing the
annual park fees- Referred to CSAC Resources Committee. There was dis-
cussion regarding the fee increases.
Chairman Lemke stated Mr. Martin Flame, legal assistant to Mr.
Bandy, had written the two mile provision was gust an item of information.
Chairman Lemke stated Northexn California Supervisors will hold
their general meeting in Butte County on February $ and 9. It will be held
in the new Town of. Para~tisc.
Chairman Lemke wished all. the best to the Board and continued
prosperity to the families of individuals who are in Tran. He hoped the
spirit would continue through the weeks ahead during the coming year.
Page 451.
December 18, 1979
December 18, 1979
79'- ADJOURNMENT
3' There being nothing further before the Board, the meeting was
adjourned at 3:06 p.m. to reconvene on Tuesday, January 8, 1980 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTX CLERK-
! RECORDER and ex-officio Clerk
of the Board of Supervisors
Chairman, Board of Supervisors
By
Page 452.
December 18, 1979
i