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HomeMy WebLinkAboutM010378January 3, 197$ ~1~.DO 1l~.©~ 1 113• os 113. ~ ~ l~3.00 ! J3.oo STATE OF CALIFORNIA } } SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Lemke, Madigan, Moseley, Richter and Chairman Winston. Clif Mi.ckelson, Administrative officer, Jim Griffith, deputy county counsel, and Clark A. Nelson, county clerk, by Cathy Pitts, deputy clerk. Pledge of Allegiance to the Flag of the United States of America. Invocation by SupervS.sor Lemke 7$-1 RE-ORGANIZATION''-`OF THE BOARD The meeting was called to order for the purpose of re-organization of the Board. The Chairman declared nominations in order for Chairman for the ensuing year. Supervisor Madigan nominated Supervisor Winston as chairman. The motion was seconded by Supervisor Moseley. The Chairman asked if there were any further nominations; there being no further nominations the nominations were closed. The Clerk was instructed to call the roll. The Clerk was instructed to cast a unanimous ballot for Supervisor Winston as Chairman for the ensuing year. Superv9.sor Madigan moved aud- it was seconded by Supervisor Moseley that Supervisor Lemke be Vice Chairman for the ensuing year. Motion carried. 78-2 APPROVAL OF MINUTES On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, the minutes of December 20, 1977 were approved as mailed. 78-3 COMMUNICATIONS Walter J. Rolland, Paradise. Mr. Rolland writes supporting the use permit to allow a_cabinet shop for Paul S. Shaw in Paradise. Referred to hearing later in the meeting. Olla Williams, Magalia. Mrs. Williams files petition for variance to provisions of Sections 19-10 and/or i9-12 of the Butte County Code for placement of a mobile home on AP 64-67-04, 900 feet north of Woodward Drive, Star Route, Magalia. Set for hearing January 17, 1978 at 9:30 a.m. Graves and Associates, Oroville. The Engineer, on behalf of dames Allen, appeals the Addisory Agency's denial of a parcel map for AP 25-16-18, 2 lots, west of Highway 70, 1/4 mile north of Cox Lane, south of Oroville. Set for hearing January 17, 1978 at 10:15 a.m. Steve E. Hess, South San Francisco. Mr. Hess appeals the Environmental Review Director's determination that an environmental impact report be required for a rezone from S-H (Scenic highway) to A-2 (limited) in order to provide for a storage facility for recreational vehicles and boats on AP l~l-1~7-59, west side of Pentz-Magalia Highway, approximately one mile north of Lime Saddle Marina, Paradise. Set for hearing January 2~,, 1978 at 10:l~5 a.m. Mrs. Betty Way, Magalia. .Mrs. Way writes appealing the Board of Zoning Adjustment's granting of a use permit for Carl H. Worthington for construction of an apartment on AP 65-07-21, 1/2 mile east of the intersection of Colter Way and Skyway, Magalia. Set for hearing January 2/~, 1978 at 10:30 a.m. Ellen T. Watson, Paradise. Mrs. Watson appeals condition one of a use permit requiring construction of curb, gutter and sidewalk for AP 53-33-132, on Nunneley Road, between Sawmill and Clark Roads, Paradise. Set for hearing January 21~, 197ffi at 10:00 a.m. Page 150. January 3, 1978 January 3, 1978 113.00 113.oa -13• o0 f pQ, Z Q ~ oo• ¢3 -7 Z3, DO / 03. p° ~ pp.2~ 11 3.0 3r ~ ~ 3.os Lyhn Whitton, Oroville. Mr. Whitton appeals the Board of Zoning Adjustment's granting of a use permit to allow a sales tract office for Southern California Financial Corporation on AP 34-62-29, intersection of Lodgeview Drive and Silverleaf Drive, Oroville. Set for bearing January 17, 1978 at 10:00 a.m. McCain Associates, Chico. The Engineer, on behalf of Butte Creek Estates, Inc., appeal the Board of Zoning Adjustment's denial of a use permit to allow a sewage treatment plant at the corner of Oroville- Chico Road and Lott Road, Chico, AP 40-08-10 and 11. Set for hearing January 24, 1978 at 945 a.m. Diamond International Corporation, Red Bluff. The firm writes requesting the inclusion of six parcels of land on list "B" of the Timberland Preserve Zone. Referred to Planning for a report back to the Board. Roy E. Hall, Oroville. Mr. Ha11 files a claim in the amount of X102,000 in damages as a result of an incident occurring in Oroville. Referred to County Counsel. State TV Cable, Chico. The firm writes requesting that the county consider adoption of the new City of Chico ordinance and accompanying resolutions that supercede the existing governing ordinances and resolutions with regard to CATV operations. Shelved for future agenda. Butte County Fair. The Fair Board requests that R. R. Cassady, Herbert J. McClananhan and C. H. Duborg be reappointed to new three year terms to expire in January, 1981. See motion following comm„n;cations. State Employment Development Department. Glen Halsey, disabled veterans outreach specialist, sends notification of plans to establish a local committee on employment of the handicapped. Referred to Personnel. Frank C. Kircher, Chico. Mr. Kircher files a claim far property damages as a result of damage to his car. Referred to the Insurance Committee. Ron Graves,and Associates, Oraville. The Engineer, on behalf of Earl Sharp, appeals the Advisory Agency's decision to require condition No. 12, requiring the installation of afire hydrant, AP 34-19-80, for tentative parcel map. Set for hearing January 17, 1978 at 10:30 a.m. Ron Graves and Associates, Oroville. The Engineer, on behalf of Ray Gott, appeals the Advisory Agency's condition requiring that access be provided all along the existing Ponderosa Way for tentative parcel map, AP 71-07-O1. Set for hearing January 17, 1978 at 10:45a.mo 78-4 REAPPOINTMENT TO BUTTE COUNTY FAIR On motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, the following individuals were reappointed tc the Butte County Fair for a three year term to expire January, 1981: R. R. Cassady Herbert J. McClananhan C. H. Duborg 78-5 APPOINTMENTS TO LAW LIBRARY BOARD OF TRUSTEES On motion of Supervisor Madigan, seconded by Supervisor Moseley and unanimously carried, the following individuals were appointed to the Law Library Board of Trustees: Chairman Winston Robert Blade 78-6 ADDITIONAL MATTER PRESENTED BY SUPERVISOR RICHTER Supervisor Richter read a letter from Pete W. Marsh regarding a summary of the meeting attended at Stockton on December 8, 1977 regarding riparian water rights. The letter was referred to the Water Advisory Committee. Page 151. January 3, 1978 .January 3, 1978 78-7 ADDITIONAL MATTER PRESENTEDTBY SUPERVISOR MADTGAN - - _ Supervisor Madigan stated that the State Reclamation Board have changed their meeting dates back to Thursday. They have not decided whether to hold their meetings on the first or third Thursday. The board should encourage them to firm up their meeting date. C1if Nickelson, administrative officer, was authorized to write a follow up letter asking for confirmation of the meeting date. 78-8 ADOPT ORDINANCE 1894: WAIVE SECOND:'R.EADING OF SALARY ORDINANCE AMENDMENT - ADDING POSITION OF TRANSPORTATION PLANNER TO BE FUNDED THROUGH A TRANSPORTATION GRANT AND REFLECTING LEGISLATIVE SALARY CHANGES FOR COURT REPORTERS On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, the second reading of the salary ordinance amendment adding the position of Transportation Planner to be funded through a trans- portation grant and reflecting the legislative salary changes for court reporters was waived; Ordinance 189.4 was adopted the Chairman authorized to sign. 78-g AUTHORIZE EQUIPMENT PURCHASE - TWO INFANT SCALES FOR USE IN THE CHILD HEALTH AND DISABILITY PREVENTION PROGRAM AT A COST OF X300 WITH FUNDING TO COME WITHIN THE E%ISTING FIXED ASSET ACCOUNT On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, equipment purchase of two infant scales for use in the Child Health and Disability Prevention Program at a cost of X300 with funding to come within the existing fixed asset account was authorized. 78-10 AUTHORIZE EQUIPMENT PURCHASES - DICTATING-TRANSCRIBING EQUIPMENT (50 CANTER DICTATING-TRANSCRIBING UNITS AND lO DICTATING STANDS) INTO PURCHASING AGENT'S REVOLVING FUND AT A C05T OF $69 500 AND 530 RES~'ECTIVELY On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, equipment purchase of 50 Lanier dictating-transcribing units and 10 dictating stands was authorized for purchase into the purchasing agent's revolving fund at a cost of X9,500 and $430., respectively. 78-11 AWARD OF BID On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, award of vehicle bid to the lowest bidders were as follows: Item No. 1 - Police patrol cars Pahl-Goodhue Ford X105,104.16 Item No. 2 - Sub-compact cars Oro Dam Motors 25,784.50 Item No. 3 - Compact Cars Sierra Dodge 24,738.45 Item No. 4 - Light utility pickup Sierra Dodge 4,325.86 Item No. 5 - Light utility pickups Pahl-Goodhue Ford 8,937.32 (long bed} Item No. 6 - 1/2 ton pickup Sierra Dodge 20,351.40 Item No. 7 - 1/2 ton cab & chassi.~! Pahl-Goodhue Ford 7,992.76 (w/utility body) Item No. 8 - 1/2 ton 4x4 cab & Hobbie Chevolet 7,211.91 chassis (w/utility body} Item No. 9 - 3/4 ton pickup Oroville Motors 5,878.93 Item No. 10 - 4x5 utility vehicle Sierra Dodge 8,493.04 with the Audi.tor_direeted-to-tiring-back the necessary budget transfers as follows: Sheriff $20,025.28 from Reserve Agriculture 319.04 from Equipment Maint. Air Pollution 25.86 from Equipment Maint. Page 152. January 3, 1978 January 3, 1978 ------------------------ County Buildings _ ~ - _ ~ -$~ _ 320.12 Farm Advisor 667.20 Animal Control 604.76 from Fixed Assets-Equip. from Reserve from Reserve 78-12 AGREEMENT WITH WOMEN'S IMPROVEMENT CLUB OF PARADISE AND PARADISE JUNIOR WOMEN'S CLUB TO IMPLEMENT THE PARADISE PATHWAYS PROJECT INCLUDED IN CURRENT REVENUE SHARING BUDGET - CONTINUED TO JANUARY 10 1978 The consideration of the approval of the agreement with the Women's Improvement Club of Paradise and the Paradise Junior Women's Club to implement the Paradise pathways project included in the current revenue sharing budget with the amount of contract totaling X46,000 and covers cost of supplies necessary for pathway construction was continued to January l0, 1978. 78-13 MOTION OF INTENT TO ADOPT ENABLING RESOLUTIONS TO ALLOWANCE OF CLAIMS BY COUNTY AUDITOR IN LIEU OF, AND WITH THE SAME EFFECT AS, ALLOWANCE BY THE BOARD OF SUPERVISORS PURSUANT TO GOITERNhiEN't CODE SECTION 29740 ET SEQ. On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, a policy was adopted as requested by the Auditor, a motion of intent to adopt enabling resolutions to allow allowance of claims by the County Auditor in lieu of, and with the same effect as, allowance by the Board of Supervisors pursuant to Government Code Section 29740 et seq was approved. 78-14 APPROVAL OF PROCEDURE FOR PAYMENT OF EXPENSE CLAIMS AND ALLOWANCE THROUGH PAYROLL WARRANT PROCEDURES CONTINUED TO JANUARY 10, 1978 WITH A REPORT BACK FROM PERSONNEL Jim Rackerby, personnel director, stated that this appears to be a meet and confer matter. This should be discussed with the BCEA before the board takes action on it. The matter is continued to January 10, 1978 with a report back from Personnel. 7$-15 APPROVE BUDGET TRANSFER On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the following budget transfer was approved: B-74 - Public Works - Transportation_ Systems. Establishes a X14,724 appropriation within the professional and special services account for the City of Oroville portion of expenses of the Oroville Express to be paid by State of California, Department of Transportation pursuant to agreement No. 64045E. 78-16 ADOPT RESOLUTIONS 78-1 AND 78-2: ESTABLISHING JUST COMPENSATION FOR 3466 COLUMBIA AT X7,000 AND SOUTHWEST CORNER OF ELGIN AND BURLINGTON AT X4,500 AND AUTHORIZE ADMINISTRATIVE OFFICER TO EXECUTE WRITTEN OFFERS TO PURCHASE On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, :tihe.following resolutions establishing just compensa- tion and authorizing Administrative Officer to execute written offers to purchase: Resolution 78-1 - 3466 Columbia at $7,000 Resolution 78-2 - southwest corner of Elgin and Burlington at $4,500 78-17 AUTHORIZE ADMINISTRATIVE OFFICER TO EXECUTE OPTION AGREEMENT FOR 3337 COLUMBIA - ARRANGEMENTS FOR TRANSFER OF THIS REHABILITATED PROPERTY TO A LOW INCOME FAMILY On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the Administrative Officer was authorized to execute an option agreement for arrangements for transfer of the rehabilitated property at 3337 Columbia to a low income family, Page 153. January 3, 1978 January 3, 1978 78-18 AUTHORIZE COUNTY FUNDING UP TO AN AMOUNT OF X26,500 UNTIL RECEIPT OF 1978 COMMUNITY ACTION AGENCY GRANT MONIES Dn motion of Supervisor Moseley, seconded by Supervisor Lemke and unanimously carried, county funding up to an amount of X26,500 until receipt of 1978 Community Action Agency grant monies was authorized. 78=19 APPROVE AMENDMENT - ENERGY SKILLS PROGRAM CONTRACT TO FURTHER EXTEND THE ENERGY SKILL PROGRAM FROM DECEMBER 2 TO BECEMBER 31, 1977 WITH AN INCREASE IN THE AMOUNT OF THE CONTRACT AMOUNTING TO X1,440 On motion of Supervisor Moseley, seconded by Supervisor Madigan and unanimously carried, an amendment to the energy skills program contract to further extend the program from December 2 to December 31, 1977 with an increase in the amount of the contract amounting to X1,440 was approved and the Chairman authorized to sign. 78-20 LAND CONSERVATION ACT COMMITTEE RECOMMENDATIONS ASKING THAT THE PLANNING DIRECTOR BE DESIGNATED AS THE ADMINISTRATOR OF THE LAND CONSERVATION ACT PROGRAM AND THAT PLANNING DEPARTMENT BE DESIGNATED AS LEAD AGENCY WITH ENVIRONMENTAL REVIEW DIRECTOR BEING DESIGNATED TO SERVE AS A MEMBER ON THE COMMIITTEE -REFERRED TO AGRICULTURAL ADVISORY COMMITTEE The Land Conservation Act Committee recommendations asking that the Planning Director be designated as the administrator of the Land Conservation Act program and that the Planning Department be designated as the lead agency with the Environmental Review Director being designated to serve as a member on the committee was referred to the Agricultural Advisory Committee. 78-21 APPROVE RENEWAL OF VARIANCES On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the following renewal of variances were approved: 1. Rupert and Helen K. Hoechael - renewal of variance to Section 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 30-71-32 (formerly AP 30-71-27), 1667 20th Street, Oroville. Zoning: A-2 for a period of one year. 2. Alta R. Linn - renewal of variance to Section 19-10 and/or 19-12 of the Butte: County Code for placement of a mobile home on AP 31-25-3-48, 1175 Grand Avenue, Oroville, zoning: A-2 for a period of one year. 3. Robert Peres - renewal of variance to Section 19-10 and/or 19--12 of the Butte County Code for placement of a mobile home at 1071 Grand Avenue, Oroville, zoning A-2 for a period of one year. 78--22 APPROVE INCREASE - KENMAR CONTRACT TN THE AMOUNT OF X1,020 BRINGING THE MAXIMCTM AMOUNT OF THE CONTRACT TO ~84,1b2 On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, an increase in the amount of X1,020 increasing the maximum amount of the Kenmar contract to X84.,162 was approved., 78-23 PUBLIC HEARING: JEAN C. LEPPER, ET AL - APPEAL CONDITION ONE ON A PARCEL MAP APPROVED BY THE ADVISORY AGENCY FOR AP 52-31-18, TWO LOTS, SOUTH SIDE OF CASTLE DRIVE, 25D FEET WEST of OLIVER ROAD, PARADISE The public hearing on the Jean C. Lepper, etal appeal of condition one on a tentative parcel map approved by the Advisory Agency for AP 52-31=18, two lots, south side of Castle Drive, 250 feet west of Oliver Road, Paradise was held at this time. Clay Castleberry, public works director, set out the background of the appeal. Mr. Castleberry stated that the ordinance as adopted requires curbs, gutters and sidewalks in the area. The recommendations from the ...meeting with MAC would not have required the Page 154• January 3, 1978 January 3, 1978 standard curbs, gutters and sidewalks but would have required asphalt walkways. Hearing open to the public. Appearing: 1. Jean Lepper. Ms. Lepper stated that she was trying to split the property. If the requirement for curbs, gutters and sidewalks is required then several trees will have to be taken out. 2.' Spencer Lepper. Mr. Lepper asked if the asphalt sidewalks would have to have a set back of 30 feet or along the e~.sting road. Mr. Castleberry stated that his department would work with the Leppers and place them where they would be conveient. Hearing closed to the public and confined to the board. On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously-.carried, the appeal was upheld on condition one for Jean C. Lepper, et al on AP 52-31-18, and provide for asphalt pathways to replace that condition subject to approval of Public Works with conditions 2 through 9 being applicable. 78-24 PUBLIC HEARING: MITCHELL K. AND LEDNA M. WINTERS -PETITION FOR VARIANCE TD PROVISIONS OF SECTION 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT DF A MOBILE HOME ON AP 50-10-14 7126 PENTZ ROAD PARADISE The public hearing on the Mitchell K. and Leona M. Winters petition for variance to provisions of Section 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 50-10-14, 7126 Pentz Road, Paradise was held as advertised. Howard Toussaint, sanitarian, stated that the petition was in order. The zoning is A-2. Hearing open to the public. Appearing: No one. _,, Hearing closed to the public and confined to the board. On motion of Supervisor ~,emke, seconded by Supervisor Madigan and unanimously carried, the petition for variance to provisions of Section 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 50-10-1Q, 7126 Pentz Road, Paradise for Mitchell K. and Leona M. Winters was approved for a period of one year. 78-25 PUBLIC HEARING: CUSSICK AVENUE STORM DRAIN - CONSIDERATION OF A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT The public hearing on the consideration of a negative declaration regarding environmental impact for the Gussick Avenue storm drain was held as advertised. Earl Nelson, environmental review director, set out the background of the project. Hearing open to the public. Appearing: No one. Hearing closed to the public and oconfined to the hoard. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, on the basis of the initial evaluation finding the proposed project could not have a significant effect on the environment, a negative declaration was recommended. Page 155• January 3, 1978 January 3, 7.978 78-26 APPROVE CLARIFICATION OF ELIGIBILITY FACTORS - GENERAL ASSISTANCE ELIGIBILITY FACTORS. FOR AN INTERIM PERIOD UNTIL SUCH TIME AS THE GENERAL ASSISTANCE MANUAL CAN BE UPDATED On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, clarification of eligibility factors as per memo dated December 28, 1977 was approved, 78-27 APPROVAL OF TITLE XX SOCIlSL SERVICES PLAN FOR THE 1978-79 FISCAL YEAR - CONTINUED TO JANUARY 10, 1978 The approval of the Butte County Department of Sacial Welfare's Title XX Social Services Plan for the 1978-79 fiscal year was continued to January 10, 19780 78-28 CONTINUED HEARING - ERROL HALL - RECONSIDERATION OF TENTATIVE PARCEL MAP, FOUR LOTS, AP 42-09-06, NORTH SIDE OF. HIGHWAY 32, BETWEEN MUIR AND KENNEDY AVENUES. GHICO - CONTINUED TO APRIL G~,. 1978 AT 9:45 a.mo The continued hearing 'f or Errol Hall reconsideration of a tentative paxcel map, four lots, AP 42-09-06, north side of Highway 32, between Muir Avenue and Kennedy Avenue, Chico was continued to April 4, 1978 at 9:45 a.m. 78-29 APPROVE AGREEMENT FOR SALE OF SURPLUS. PROPERTY ON YOCM AVENUE - GRANT DEED CONVEYING SURPLUS PROPERTY TO GENE F, CAMP ET UX On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, the following agreement for sale of surplus property on Yocum Avenue to Gene F, Camp et ux and a grant deed conveying the surplus property to Gene F. Camp et ux was approved and the Chairman authorized to sign: Yocum Avenue Gene Fa Camp et ux 0,169 $450,00 AP 40-30-09 (portion) 78-30 ADDITIONAL MATTER PRESENTED BY PUBT,IC WORKS Clay Castleberry, public works director, stated that the State Energy Commission postponed the implementations of the requirements for six months. A lot of it was due to the board's action, Mr. Castleberry stated that he would like authorization to write a letter to the commission on the postponement. 78-31 APPROVE FEE RECOMMENDATIONS - ALTERNATIVE TO FIRE HYDRANT INSTALLATION FOR SOME LAND DIVISIONS On motion of Supervisor-Richter, seconded by Supervisor Madigan and unanimously carried, adoption of the deposit system and fee schedule for the alternative to fire hydrant installation for some land divisions as per memo from Bob Paulus dated December 17, 1977 was approved, RECESS: 9:55 a.m. RECONVENE: 10:05 a.mo 78-32 PUBLIC HEARING: CORINNE RUTH WALDROOP - NEGATIVE DECLARATION AND REZONE FROM "SR-1" (SUBURBAN RESIDENTIAL, 1-ACRE PARCELS) TO "S-R" (SUBURBAN RES-, IDENTIAL, MINIMUM SIZE PARCELS) PROPERTY LOCATED ON THE WEST SIDE OF EL MONTE AVE., APPROX, 1/4 MILE NORTH OF STATE HWY. 32, IDENTIFIED AS AP 46-26-155. CONTAINING 5,23 ACRES, MORE OR LESS, CHICO ~~ The public hearing on the Corinne Ruth Waldroop negative declaration and rezone from "SR-1" (suburban residential, 1-acre parcels) to "S-R" (suburban residential, minimum size parcels) property located on the west side of E1 Monte Ave., approximately 1/4 mile north of State Hwy. 32, identified as AP 46-26-155, containing 5.23 acres, more or less, Chico was held as advertised, .Earl Nelson, environmental review director, set out the background of the negative declaration, Page 156. 3anuary 3, 1978 January 3, 197 There is a request from the applicant that the hearing be postponed to 3anuary 10, 1977 on file, Discussion of the procedures to take when a request for continuance is received, Clif Nickelson, administrative officer, stated that he will bring a policy back to the boards Hearing on the negative declaration open to the publico Appearing: 1. Dr, Norman D, McCann. Dre McCann stated 62 signatures were obtained on a petition in opposition to the project. Dro McCann had the individuals opposing the project stand, The neighborhood is uniqueo Dr, McCann stated that the rezone would have an impact on the character of the neighborhood, This is a rural neighborhood with small ranchetteso The traffic density would be increased and would enda~ the children that walk to school. There are a number of residences in the area that have had problems with drainage and any additional homes would create an impact. The runoff drains into dead horse slough, This backs up in the winter. 2, Vere Bailey. Mr. Bailey stated that the water backs up into his yard and any additional division would create a greater problem. 3. Rod Rafeal. Mr, Rafeal stated that during the winter the road floods and there is no way to get through on E1:jMonte Avenue, There is a problem with septic tanks in the area, 4, Lois Storey. Ms. Storey stated that a change in the character of the neighborhood should be included~in an environmental study. The character of the neighborhood should be preserved, 5. Tom Tenant. Mro Tenant stated that the drainage is poor in the area. There is also a problem with the leach lines in the area. Hearing closed to the public and confined to the board, Mr, Nelson stated that he would recommend a negative declarationo The subjects mentioned today have been considered on the checklist, On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, on the basis of the initial evaluation, finding the proposed project could not have a significant effect on the environment, a negative declaration was recommendedo On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, the request for an extension of time was denied. aim Lawson, planning director, stated that the Planning Commission voted 5 to 0 to recommend denial of the rezone. Hearing on the rezone open to the public. Appearing9 1o Pat Ferx. Msa Ferr stated she was opposed to the rezone, The axes allows horses and the traffic.. would be increased, 2, Howard Dean. Mro Dean stated that he opposed the rezone, 3a Dr. Norman D, McCann. Dro McCann stated that he was opposed to the rezone, The character of the neighborhood should be preserved, The property is larger axzd allows for animals. There would be a traffic problem if the rezone were approved, The drainage situation would be untenible. Page 157. January 3, 1978 January 3, 1978 Hearing closed to the public and confined to the board. On motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, in support of the decision of the Planning Commission the rezone was denied, 78-33 PUBLIC HEARING: PAUL SHAW - APPEAL OF NEGATIVE DECLARATION AND USE PERMIT TO ALLOW A CABINET SHOP IN ADDITION TO EXISTING CEILING TILE BUSINESS ON PROPERTY ZONED "A-2 Z,TD".LOCATED ON THE SOUTH SIDE OF BILLS ROAD, APPROX. 150 FEET EAST OF BOWMAN DRIVE IDENTIFIED AS AP 53-011-94 PARADISE The public hearing on the PaulShaw appeal of negative declaration and use permit to allow a cabinet shop in addition to existing ceiling the business on property zoned "A-2 Ltd," located on the south side of Bille Road,. approximately 150 feet east of Bowman Drive, identified as AP 53-O11-94, Paradise~was~aeldtas~:ddvertised, Earl Nelson, environmental review director, set out the background of the negative declaration. ~. ~~ ., _ ~ .~~~ ~_? _ °.r _ c-., Hearing open to the public on the negative declarationo Appearing: No one, Hearing closed to the public and confined to the board. On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, finding that although the proposed project could have a significant effect on the environment, there wi31 not be a significant effect in this case because the mitigation measures described below have been added to the project and a negative declaration was accepted: 1o The hours of operation shall be during daylight hours only, 8 aom, to 6 p.m. 2. The noise emanating from the use shall be limited to 60 dBa. 3. Any materials stored outside shall be stored in an orderly fashion. 4, Trees and schrubbery be placed along property line to reduce noise. Jim Lawson, planning director, set out the background of the use permits The Board of Zoning Adjustment voted 2 to 1 to deny the permit. This extends the existing use. Originally, the use permit was for storage of accustical tile, A cabinet shop would be a different use. Hearing open to the public. Appearing: Earl Bailey, MAC Planning Committee. Mr, Bailey stated that the area is primarily residential with three small businesso This would increase the traffic on the narrow side streetso Mr, Bailey stated that he was opposed to the project. Hearing closed to the public and confined to the board. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the appeal of the use permit to allow a cabinet shop was denied. 78-34 APPEARANCE: MICHAEL JOSEPH HARRIS,,,,, PALERMO Mr. Harris stated that there is a problem in the Palermo area. Mr. Harris stated that there is affluent from a leaching system that is detrimental to the health of the public, Mr, Harris stated that he has contacted the sanitation department and nothing has been done. Mr, Harris stated that the property should be declared a public nuisance until the situation is corrected, Page 158. January 3, 1978 January 3, 1978 Dr, Svihus was directed to investigate the problem and Mr. Harris is to be contacted within a week. 78-39 APPEARANCE; EVERETT JORNSON. CHTCO Mr, Johnson stated that there is a problem at the land fill on Neal Road, The lower portian of the land fill is muddy and his vehicles are having trouble getting in and out. Mr. Castleberry stated that the personnel at the land fill have been instructed to have all dumping done on top during the wet seasono 78-36 APPEARANCE: GARRETT BERT. PARADISE Mr, Bert stated that he had a similar problem at the land fill on Neal Road. 78-37 APPEARANCE: RATHARINE WHITNEY. CHICO Mrs. Whitney read a letter to the board regarding allegations that the personnel in Head Start were instructed not to talk to her. Mrs, Whitney stated that she would like to have the .matter investigated, The Administrative Officer was instructed to make a full investigationo 78-38 APPEARANCE: CONGRESSMAN HAROLD T, BIZ,_JOHNSON Congressman Johnson stated that he was in the area to make a tour of the South'Oroville rehabilitation area. Congressman Johnson stated that he had toured the Chapmantown area this morning. He is going to cover the districts between now and January 17, 1978. Congressman Johnson stated that he is trying to work out saurces and trying to help out and move projects with federal aid, Congressman Johnson stated that he is looking at the request for an additional block grant and would like to see if Butte County is entitled to the funds. There is a shortage of money. There will have to be cutbacks in funding as the budget is less than the budget wasp SUPERVISOR RICHTER EXCUSED AT 11:20 A,M. TO ACCOMPANY CONGRESSMAN JOHNSON ON THE TOUR OF SOUTH OROVILLE RECESS: 11:20 a,m, RECONVENE: 11:25 aom, 78-39 BOARD TO TABLE ACTION ON THE NEW GRTDLEY LIBRARY SITE UNTIL AFTER JANUARY 16 1978 Chairman Winston stated that the City of Gridley wasc~ requesting that the board take no action on the new Gridley library site until after January l6, 1978, The board agreed that no action would be taken until after that date, 78-40 PUBLIC HEARING: FINAL USE HEARING - REVENUE SHARING DISTRICT ALLOCATION PROGRAM The public Final use hearing on the Revenue Sharing District Allocation Program was held at this time. Supervisor Lemke stated that he would like to amend his allocations to give $5,000 for materials for remodeling the old DeSabla Fire House, Hearing open to the public, Appearing: Harlan Adams, president, Butte County Coune~i~1 for Senior Citizens, Mr. Adams stated that he would like to personally thank the board for their consideration of the senior citizens in the county, Page 159. January 3, ].978 January 3, 1978 Hearing closed to the public and confined to the board, On motion of Supervisor Lemke, seconded by Supervisor Madigan and carried, the allocations as presented by board members at the last hearing on December 13, 1977 were adopted subject to approval of County Counsel and the Auditor, ABSENT: Supervisor Richter. 78-41 DISCUSSION: SETTING PROPERTY TAX RATE FOR FIRE PROTECTION IN THE NEXT BUDGET YEAR Discussion of setting the property tax rate for fire protection in the next budget year was held at this time, Bill Turpin, administrative analyst, stated that a study had been made for an alternative method of funding for the Butte County Fire Department. In 1970 the policy for funding the fire protection was from the state sales tax. Since that time, there has been a sharing of the rebate of the sales tax with the cities. The recommendation is the proposed formation of a less than county wide service areao The recommendation is that the board switch the method of funding from sales tax to the property tax within a less than county wide service area on a uniform basiso There will be a need to hold public hearings on the funding and an election must be held to place fire protection on the property tax on a county service area system, Bob Paulus, Butte County Fire Department, stated that he has no real imput,into the recommendations, This is a board decision. The main concern is that there is a need for ~ uniform funding for the fire protection in the county. This will enable a long range planning program to be implemented.. The county is growing at a fast rate and the planning of fire protection also depends on the annexations into the various cities. Several counties have fire protection districts, As the assessed valuation increases the fire protection would increase. Clif Nickelson, administrative officer, stated that of all the services that government provides fire protection is 100 percent property oriented, This should be on the property taxo One of the proposals for an interim step is to go to SB 90 limit and apply $.31 to the tax rate at the next budget time, which would fund one-half of the fire department. This could be applied county wide except for the fire protection districtso 78-42 SET PUBLIC HEARING DATE: TIMBER PRESERVE ZONE - REZONE TO TP-160 (TIMBER LAND PRESERVE) ZONE PORTIONS OF EASTERN BUTTE COUNTY, CONTAINING 14,640 ACRES OR 22.86 SQUARE MILES. MORE OR LESS A public hearing date of January 31, 1977 at 11:15 a.m. was set for consideration of a rezone to TP-160 (timber land preserve) zone portions of eastern Butte County, containing 14,640 acres or 22.86 square miles, more or less. 78-43 REPORT TO BOARD ON BUTTE COUNTY GENERAL PLAN A report was given to the board on the Butte County General. Plan. No action taken. 78-44 WAIVE EIR PROCESSING FEES FOR THE BUTTE. CREEK CANYON ZONING COMMITTEE & MAC Earl Nelson, environmental review director, stated that the board should consider waiving the EIR processing fees for citizens groups that axe requesting rezoning in an area that the Planning Commission has been unable to get to. These citizens groups are working with the county trying to get zoning done in their areao Page 160. January 3, 1978 January 3, 1978 J y - ~ On motion of Supervisor Lemke, seconded by Supervisor Madigan and carried, the EIR processing fees for Butte Creek Canyon Zoning Committee and Paradise MAC were waived, 78-45 APPOINTMENTS TO COUNTY. SUPERVISOR'S ASSOCIATION FOR CALIFORNIA COMMITTEES FOR 1978 TO REMAIN THE SAME AS FOR 1977 The appointmenCS to the County Supervisor's Association for California Committees for 1978 will remain the same as for 1977 except for the changes that Supervisor Madigan related to the Administrative Officer. 78-46 APPOINTMENTS TO NORTHERN CALIFORNIA SUPERVISORS ASSOCIATION COMMITTEES FOR 1978 TO REMAIN THE SAME AS FOR 1977 The appointments to the Northern California Supervisors Association Committees for 1978 will remain the same as for 1977 except for the changes that Supervisor Madigan related to the Administrative Officer. 78-47 APPOINTMENT - PARADISE MUNICIPAL ADVISORY COMMITTEE On motion of Supervisor Lemke, seconded by Supervisor Moseley and carried, Lloyd E. Gross was appointed as a member of the Paradise Municipal Advisory Committee to replace Nancy Epperheimer, 78-48 ADOPT POZICY AND PROCEDURE MANUAL SECTION 30001 The board accepted the Policy and Procedure Manual Section 300010 78-49 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS It was felt that the board meetings would run through the lunch hour if the meeting could be completed by 1:30 p,mo Discussion of the resolutions received from other Boards of Supervisors requesting the board take actiono It was felt that the board should have the position that CSAC takes before taking any action on _ such resolutions, These positions are available in the newsletters that CSAC sends out. Chairman Winston stated that he would like to try on a trial basis seating the Administrative Officer and County Counsel at the staff table instead of at the board table, It was felt that this could be done on a trial basis. Supervisor Lemke stated that he would like to have the board's permission to contact the other Nine Northern Counties Supervisors for a volunteer to work on getting legislation drawn up that would make the general plan a guideline instead of mandatory. Supervisor Madigan commented on the newsletter received from EMS, Chairman Winston stated that Carl Lindberg xesigned as director. Discussion of the distribution of equipme t this time. ADJOURNMENT There being nothing.furth r before the bo d at this ti e, tl meeting was adjourned at 12:10 p.m. to reconve e o Tue~¢day, Jan ry 1, 1978 at 9:00 a,m, ~ i'hn / ATTEST; CLARK A. NELSON, COUNTY !~y~~ ~~N ~ ~~~ By___~~z-~~ Chairman, Board of Superv Page 161, January 3, 1978