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HomeMy WebLinkAboutM011580STATE OF CALIFORNIA ) 55. COUNTY OF BUTTE ) January 15, 1980 80.. The Board of Supervisors met at 9:00 a.m. pursuant to adaournment. ~'; Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke. Clif Nickelson, administrative officer; Dan Blackstock, county counsel; and ', Clark A. Nelson, county clerk, by Nancy Wilson, deputy clerk. 52 ued for 53 Pledge of Allegiance to the Flag of the United States of America Invocation by Supervisor Moseley PPROVAL OF MINUTES The approval of minutes of January 8, 1980 were contin one week due to the lengthy hearing held last week. On motion of Supervisor Wheeler, seconded by Supervisor Dolan Resolution 80-7 was adopted to form the Private Industrial Council (PIC) and authorize the Chairman to sign. Vote on motion: AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke NOES: Supervisor Winston Motion carried. 54 Jim Rackerby, personnel director, stated his office had received a telegram from the Department of Labor confirming.the approval of Butte County CETA as the vendor to•implement the program with Manufacturers, Resources, and Planning, Enc. Mr. Rackerby stated there would be minimum control with dealers in the CETA office, in Oroville and Chico, it will have all the information they will need. They could expand to do the CETA payroll with the Auditor's approval. Sixpervisor Winston questioned if it was only being used for SETA. Mr. Rackerby stated it would be capable of handling more than was eing put on the other machine the Auditor is using. Clif Nickelson, administrative officer, stated possibly since CETA can andle• personnel and payroll it would give more space and time available for he County Computer Center. Supervisor Wheeler stated this is something that will be studied ~nd addressed when they have the final presentation to the Board. There was a motion by Supervisor Wheeler, seconded by Supervisor olan, authorizing the Purchasing Officer to negotiate a contract with Man- facturers, Resources, and Planning, Inc, for the CETA computer system. Vote on motion: AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Winston NOES: None ABSTAINENG: Supervisor Winston Motion carried. Page 484• January 15, 1980 January 15, 1980 80-, 55 APPROVED CETA TRAINING CONTRACT TO BE PREPARED WITH CHICO STATE UNIVERSITY v"; Jim Rackerby, personnel.director, stated since the Board had approved a CETA training contract with Employers Consulting Network they have indicated they are no longer interested in having it carried forward. California State University-Chico is willing to proceed and continue the education program. Mr, Rackerby stated he recommended authorizing the contract with CSU-Chico. On a motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, accept the release of Employers Consulting Network and award the contract for general preparting of CETA training contract in the Chico area to Chica State University and authorize the Director to negotiate the agreement. '~ 56 APPROVED NO COST ACQUISITION OF FI7{ED ASSETS - AUTOMATIC RIFLES - SHERIFF'S DEPARTMENT Chairman Lemke stated this item was before the Board last week and they had requested Sheriff Gillick be present to discuss this matter. Chairman Lemke questioned Mr. Gillick if they needed the sub machine guns. j Larry Gillick, sheriff, stated yes they did. They have six selected men £rom the department that are trained. They have gone to hostage school and officer survival school. Three are trained for special incident that might occur in Butte County. Our county has no guarantee they will not be effected. A~he Sheriff of Butte County he would be under a lot of criticism if an incident should happen and the County did not have any trained personnel. The men are trained for shipper or hostage situations. His office has some nice pre world war weapons that were given to the depart- ; went. They were all shot guns. They have been repaired and repaired. They were given two M-16's and a Walter sub-machine gun from surplus. Sheriff Gillick stated they have had machine guns available, but they have never used them in civilian cases. The tommy guns were purchased long before he became sheriff. ' Supervisor Winston was concerned about the guns being used as toys in the firing range. Lt. Mick Gray, sheriff's department, stated they hoped they would never have to use them. They are difficult to use close up. It is possible it will never arise here. They will be used only for the intended purpose. The officers carry guns in their patrol cars and are available if they are needed. It would be-the same with the automatic rifles. On a motion of Supervisor Wheeler, seconded by Chairman Lemke, the no cost acquisition of fixed assets (automatic rifles) for the Sheriff's i Office for a trade of 17 obsolete and unusable weapons for four up-to-date ', automatic rifles for Unusual Incident Response Team was approved. emote on motion: AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES: Supervisor Dolan Motion carried. 57 (APPROVED PURCHASE OF PROGRAMMABLE CALCULATOR FOR THE WELFARE DEPARTMENT ', There was a motion by Supervisor Moseley, seconded by Supervisor eeler, a programmable calculator for the Welfare Department to replace previously requested folding machine was approved. Supervisor Winston stated at budget time they had gone over all Page 485. January 15, 1980 80'- d January 15, 1980 equipment requests very carefully. Supervisor Winston questioned if they placed items in their budget just to make a request and then change their minds. He felt this procedure. should change. He questioned the great need for a folding machine. Chairman Lemke stated they should establish a fund just for equipment and when there was a need they would not have to come through the Board. C1if Mickelson, administrative officer, stated there was some budget intracies that would make it difficult. Vote on motion: AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke Motion carried. 58 Supervisor TnTheeler requested a delay in the adoption of the resolution regarding AB 581 until she could study it further. Supervisor Winston stated individuals have a choice whether to place their property under the Williamson Act contracts. The determination of the base year by the Assessor should not be at government expense. The purpose of the Williamson Act contracts is to allow them to save money. They have two methods of assessment. Supervisor Winston stated if they have a piece of range land they will get lower value. He felt they still needed both. Chairman Lemke stated AB 581 allows the owner of the land to ecide either of two ways. When he decides he has to have a new assessment. hat is the cost: they are trying to take care of. Clif Mickelson, administrative officer, stated if an individual s in the Williamson Act they are given a-tax cut. Proposition 13 cut 50- 0 and 70% of the taxes. It was then more advantageous to pay the taxes n the property value and keep the revenue off the land, Dan Blackstock, county counsel, stated AB 581 was to correct the tuation where they were having to file the amendments. S9 CONTINUED UNTIL MARCH 1980: IMPENDING SHUT DOWN OF CCCJ OPERATIONS FOR REGION C The matter regarding the impending shut down of CCCJ operations for Region C was continued until March 1980 when they will have more infor- mation for discussion. 60 APPROVE BUDGET T1tANSE'ERS On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the following budget transfers were approved: 8-56 - Chico Municipal Court. Transfers $2,460 from regular salaries and wages and $10,067 from the reserve; with $10,277 going to extra help and $8,250 to professional and specialized services as a result of experienced increased work load in court. B-5S - Commun nity Action Program - HSW - Head Start 1980 Brant year. Cransfers $95,443 from matching in-kind contributions and together with 1381,771 unanticipated other aid (Department of Health, Education and Welfare) Page 486. January 15, 1980 80- ~''. 61 62 January 15, 1980 established the budget for the Head Start 1980 grant year which was approved by the Department of Health, Education and Welfare on December 29, 1979. B-59 - Paradise Justice Court. Transfers $123.56 from office expense to special department expense to cover the unanticipated additional cost for the purchase of law books. 8-60 - Purchasing. Transfers $29.20 from overtime to extra help to cover the cost of extra help assistance during a period of absence by personnel because of an illness. B-61 - Federal Revenue Sharing, Transfers $10,026 from unallocated appropriation (miscellaneous expense) to fixed assets (equipment) to cover the cost~of detention on trailers used in furniture shipments and the cost of plexiglass panels in furniture. APPEARANCE: TOM STRUTHERS RE: INUNDATION OF BUTTE COUNTY OVER WEEKEND Clif Mickelson, administrative officer, stated Mr. Tom Struthers was present to give a report on the recent inundation and action which has been taken. ' Tom Struthers, civil disaster director, stated they have had four eruptions of the Feather River since the building of the dam. There is a record flow going down the Feather River. They are releasing 55,000 cubic feet per second. Of this 70,000 is going into the spillway and 15,000 going through the power house. This is 31,000 higher than the previous 1974 record. There were a number of businesses and residences experiencing probleins. South of Oroville in some cases they are inundated. Yesterday afternoon the fire department sandbagged off parkin Road, There had been calls in the middle of the night from the fire department for Public Works to assist in building a dike around a mini-storage. They have provided a pump and brought in a second pump this morning. Supervisor Winston questioned if this was the mini-storage that had been built in recent months. He felt this was probably in a flood plane. Mr. Struthers stated it was the action they took at the request of the Forest Service. The situation is improving slowly. They are cutting the releases of water from the dam. Mr. Struthers set out the .amount of water which has been in the dam in the past. Supervisor Winston questioned Mx. Gastleberry if there was a flaod plane in the area of the Sacramento River. Supervisor Winston felt there were records that indicated this area and if people choose to ignore these documents and build in these areas the government should not pay the expense of pumping or sandbagging their property. The property owner should pay Clay Castleberry, public works director, stated he needed more information. He felt it was an older building, He wanted to go and check it out. Chairman Zemke wanted to extend his apgreciation to the Public Works employees for working in the rain cleaning ditches, pipes and working on peoples flooded property. It was an immense job throughout the county. APPROVED CONTRACT AMENDMENT FOR CRISIS INTERVENTION PROGRAM - CAA On a motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, the contract amendment to the Crisis Intervention Program from the State Office of Economic Opportunity extends the contract from December 31, 1979 to September 30, 1980 and allocates additional .$30,000 for funding coordinator position and provide related non-personnel costs was approved and the Chairman altlorized to sign. Page 487. January 15, 1980 80- 63j ~'' _ _ _ _ _ _ _ _ _ _ January l5, 1980_ _ _ _ ~ ~ ~ _ _ _ .... .. - - - CONTINUED UNTIL JANUARY 22, 1980 THE SELECTION OF COMMUNITY ACTION BOARD - PUBLIC SECTOR MEMBERSHIP Chairman Lemke stated they could use the alternate. They could dump it altogether because they did not have it in the by-laws. Dan Blackstock, county counsel, stated the by-laws have to provide for the alternated He will research this further. James McNaughton, executive secretary Community Action .Agency, stated there was no deadline right now for the public sector appointment. Supervisor Dolan was concerned about appointing someone who would actively attend the meetings not just show up occasionally. Supervisor-Wheeler stated she would like to attend but she could not take an active part. Mr. McNaughton would like an active member. 64 65 66 Chairman Lemke stated he would like this matter held over until January 22, 1980. SET PUBLIC HEARING DATE A public hearing date of February 5, 1980 at 10:00 a.m. was set to hear the David E. White, Jr. request for variance to sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 28-31-2, Upham Road, Bangor area; zoning "A-5". APPROVED PUBLIC HEALTH ITEMS On a motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the following Public Health items were approved: 1. Billy J. and Joan Krouse renewal of a variance to sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 72-46-002, 9199 Old Olive Highway, Oroville; zoning "A-2" for a period of one year. 2. Mary J. Rider renewal of a variance to sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 26-14-3-019, 1921 Palermo Road, Palermo area; zoning "A-2" for a period of one year. APPROVED PUBLIC WORKS ITEMS: ADOPTED RESOLUTIONS 80-8 AND 80-9 On a motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the following Public Works items were approved: 1. Accept improvements on Meadow Estates Subdivision, authorize release of labor and materials and performance bond and begin one-year main- tenance period, 2. Adopted Resolution 80-8 authorizing the execution of Program Supplement ~~12 to Master Agreement No. 03-5912 covering the funding for installation of automatic crossing gates at Cox Lane and Western Pacific Crossing ~k4-196.2; estimated cost is $45,250 and there will be no cost to county, to be funded by federal funds ($40,725) and state 169.1 funds ($4,525) and authorize the Chairman to sign. 3. Adopted Resolution 80-9 authorizing the execution of Program Supplement #l3"to Master Agreement No. 03-5912 covering the funding for installation of automatic crossing gates at South Villa Avenue and Western Pacific Crossing ~~4-199.3; estimated cost $45,250 with no cost to county as project will be funded by federal funds ($40,725) and state 169.1 funds ($4,525) and authorized the Chairman to sign. Page 488. January 15, 1980 ~_.. I 80- 67 •5' ___--====Januaryl5, 1980 __________________ 4uClayyCastleberry, public works director, stated in 1971 a use permit was issued to another owner. The new owner bought and built up a little bit at a time the sawmill.- Originally there were three employees, presently there are 18 and they want to expand to 40 employees. Supervisor Wheeler stated they want to build over-the planer for sound effects. The Planning Department will not give him the permit to cover the planer. Dan Blackstock, county counsel, stated there were two problems 1) was complying with the conditions of the original use permit; 2) if the Board is going to issue a permit to build it is contrary to the permit. Holding a hearing on your own use permit will not allow yourself to be put in a position to discrepancy. You need to allow extra legal variance from your own ordiance. Put in a provision for this ordinance. The Board is bound by the ordinance. Bettye Blair, planning director, stated in 1971 when the use permit was issued it was in the "A-2" zone. They do not have a•definite description fora sawmill. It is very broad definition. The mill at the time of the original application did not have a planer operation. Mr. Manthei related it has been in storage for some time. Originally it was a smaller operation. Supervisor Winston questioned the requirements on a use permit fora sawmill. If it was a gypo mill or similar to Georgia Pacific with 500 people employed. Ms. Blair stated when Georgia Pacific expanded their equipment they had come to the Planning Department. They approved a development plan with the use permit. Supervisor Winston felt the Planning staff had over stepped. It is only a building over a planer. Whether it is 2 or 40 people it is a sawmill. He did not agree with her. He felt it encompassed any process of lumber. Sawmills have planers and he did not think the use had changed that it was still a sawmil L There was a motion by Supervisor Wheeler, seconded by Supervisor Moseley, that Public Works be authorized to issue a building permit to Manthei Timber company for its planing facility as they have applied for an expanded use permit. Ms. Blair stated if in the broad definition the planer is not a substantial deviation, she would realize the 18-40 employees are still a 'sawmill"'. She will go back and review the application, Supervisor Dolan stated the number of buildings being covered by this broad map would have a bearing on her decision. Supervisor Wheeler stated there would be a noise violation with- out the shed over the top of it. They were re-installing a fence. He is in good faith by applying for a zone change. Then he would be in compliance. Vote on motion: AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES: Supervisor Dolan Motion carried. Page 489. January 15, 1980 January 15, 1480 - _ _ _ y = - _ _ 80- RECESS: 9:57 a.m. 3'i RECONVENE: 10:14 a.m. 68 MEMO FROM ENVIRONMENTAL REVIEW DIRECTOR RE: LESTER AND HEINKE HEARINGS SET FOR TODAY'S MEETING ', Chairman Lemke stated they had received two memo's from the Environmental Review Director regarding the Steven Lester and John Heinke ', public hearing scheduled for today's meeting. Mr. Nelson had been informed by representative of Planning and County Counsel that the Town of Paradise has assumed jurisdiction in these matters and they are a moot issue. The Paradise town council will be handling these appeals. 69 PUBLIC HEARING: RESOLUTION 80-10 ADOPTED - D. DE VORE ABANDONMENT OF ARAINAGE EASEMENT PARADISE PINES N0. 12 LOT 126. The public hearing for the D. DeVore abandonment of drainage easement, Paradise Pines, No. 12, Lot 126 was held as advertised. Bettye Blair, planning director, stated the application is in order and was heard by the Planning Commission and they recommended the abandonment. It does not contain the recreation easement. Hearing open to the public. Appearing: questions. 1. C. DeVore, Paradise. Mr. DeVore was present to answer-any Hearing closed to the public and confined to the Board. On a motion of Supex-aisor Winston, seconded by Supervisor Moseley and unanimously carried, the D. DeVore abandonment of drainage easement in Paradise Pines, No. 12, Lot 12b was approved and Resolution 80-10 was adopted and the Chairman authorized to sign. 70 CONTINUED HEARING: NOTICE OF INTENTION TO ABANDON DURHAM CEMETERY AND DEDICATE AS A PIONEER MEMORIAL PARK WAS CONTINUED TO FEBRUARY 5, 3.980 AT 11.15 A.M. The continued hearing from December 4, 1979 regarding the notice of intention to abandon Durham Cemetery and dedicate as a Pioneer Memorial Park was held at this time. Hearing was opened to the public. Chairman Lemke stated the hearing was to be continued to January 29, 1980. They have received a letter from Jan Holman requesting a months delay. 1. Ed McLaughlin, Durham. Mr. McLaughlin stated there had been a mix up in communications. He keeps hearing it is being postponed. He was hoping they would get things straightened out and cleared up. The continued hearing was continued to February 5, 1980 at 11:15 a.m. to allow the District Attorney's Office sufficient time to complete their report. 71 SET PUBLIC HEARING .DATE OF FEBRUARY 5, 1980 AT 10:30 A.M. FOR COOPER, RODOLF & ASSOCIATES PROPOSED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT AND REZONE .AP 34-01-37 AND 34-04-99 OROVILLE Set a public hearing date of February 5, 1980 at 10:30 a.m. for the Cooper, Rodolf & Associates proposed negative declaration regarding environmental impact and rezone from "R-3" (medium density residential) to "PA-C" (planned area - cluster), property located on the north east corner of Canyon Drive and Royal Oaks Drive, identified as AP 34-01-37 and 34-04-99, Oroville. Page 490. January 15, 1980 -____-___= January 15, 1980 ___________________ 80- 72 CONTINUED TO FEBRUARY 19, 1980 GARX MARTONE ABANDONMENT OF PUBLIC UTILITIES ~'', EASEMENT PARADISE PINES COUNTRY CLUB ESTATES UNIT 3 LOT 188 . Chairman Lemke stated they had received a memo from Bettye Biair, ', Planning Director that her office had received a telephone call from Mr. ', Gary Martone requesting that his notice of abandonment be not heard until February 12, 1980. The abandonment notice by resolution was continued to February 19, 19so. 73 REPORT TO THE BOARD RE: DENIED REZONES FROM THE PLANNING COMMISSION In the report to the Board are the following denied 'rezones for- warded by the Planning Department: 1. Lee Halstrom denied rezone (environmental impact report was '. previously certified) from "TM-20" (timber mountain - 20 acre parcels) to "TM-5" (timber mountain - 5 acres), property located approximately 1/4 mile west of Doe Mi11 Road, approximately two miles south of Schott Road, Chico. 2, Kevin K. Stratton denied rezone (environmental impact report was previously certified) from "TM-20" (timber mountain - 20 acre parcels) to "TM-5" (timber mountain - 5 acre parcels), property located on both sides of Doe Mill Road, approximately two miles south o£ Schott Road, identified as AP 63-01-103, Chico. 3. John P. Quiggle denied rezone (environmental impact report was previously certified) from "TM-20" (timber mountain - 20 acre parcels) to "TM-5" (timber mountain - 5 acre parcels), property located on the west side of Doe Mill Road, AP 63-01-109, Chico. 4. Jim Keller denied rezone (environmental impact report was previously certified) from "TM-20" (timber mountain - 20 acre parcels) to "TM-5" (timber mountain - 5 acre parcels, property located approximately one mile west of Doe Mill Road, approximately two miles south of Schott Road, identified as AP 63-01-115, Chico. Clif Mickelson, administrative officer, stated there had been an appeal from Mr. Jim Keller on his denied rezone. A public hearing date was set for February 19, 1980 at 10:15 a.m. 74 CONTINUED UNTIL JANUARY 22, 1980 THE DECISION REGARDING PROPOSED POLICIES FOR NEW ADMINISTRATION FAGIZ,ITY There was discussion at this time regarding a report on the proposed policies for the,new Administration Center facilityo Supervisor Dolan set out the regulations the committee had discussed. Supervisor Dolan stated they would direct County Counsel to write up a resolution 1) The facilities member and committee are listed with broad responsibilities within his working station. Regarding safety and storage give complaints to committee. 2) On parking to- designate no parking for employees and identify the handicap. and county carpooling areas. 3) To allow department heads to determine the smoking or no smoking policy in their own offices. Clif Mickelson, administrative officer, stated that employees in the Assessor's office had moved work stations as far as 3 feet and they should have been approved prior to the change. Supervisor Winston stated he reviewed these policies when they were established. The Administrative Officer acts through the Board's direction and if he does not follow their Page 491. requests he can be fired. January 15, 1930. January 15, 1980 80= v,' 75 76 77 78 79 80 Supervisor Dolan felt i£ these problems were through resolution they would not be taking up time at the Board level. A committee could be formed so if there fs disagreement with the Administrative Officer there could be another body to hear the complaints. She suggested placing depart- ment heads on the committee. Mr. Nickelson stated there should be two Board members on the committee. They probably could meet every four months. Dan Blackstock, county counsel, stated it would have no force and effect. It should be handled by resolution. The policy and procedure manual_ is for the Boards benefit, It should not be oral, but in writing. Supervisor Winston questioned the fact the manual states "no smoking" and now they are leaving it to the department heads. Mr. Blackstock stated a copy of the revised rules and regulations would be mailed to the members for their review, Chairman Lemke stated he would like to have them so the Board can take action next week. ADOPTED RESOLUTION 80-11 IN APPRECIATION OF ROBERT PAULUS, COUNTY FIRE WARDEN On a motion of Supervisor Winston and seconded by Supervisor Moseley, and unanimously carried, Resolution 80-11 in appreciation of Robert Paulus, county £ire warden was adopted and the Chairman authorized to sign. CONTINUED TO JANUARY 22, 1980 THE APPOINTMENTS TO THE MENTAL HEALTH ADVISORY BOARD The appointments to the Mental Health Advisory Board were continued to January 22, 1980. CONTINUED TO JANUARY 22, 1980 THE APPOINTMENT TO THE AGRICULTURAL ADVISORY COMMISSION The appointment to the Agricultural Advisory Commission was continued to January 22, 1980. CONTINUED TO JANUARY 22, 1980 THE APPOINTMENTS TO THE CITIZENS ADVI50RY COMMITTEI ON DRUG ABUSE AND ALCOHOL ADVISORY BOARD The appointments to the Citizens Advisory Committee on Drug Abuse ',and Alcohol Advisory Board were continuted to January 22, 1980. LETTER TO BB SENT TO CALTRANS REQUESTING FREEWAY SIGNS DESIGNATING THE COUNTY CENTER On a motion of Supervisor Wheeler, seconded by Supervisor Dolan sand unanimously carried, a letter be sent to Caltran requesting freeway signs designating the County Center. REPORT TO THE BOARD RE: REVENUE LOSSES TO BUTTE COUNTY AFFECTED BY WITH- DRAWAL OF U.S. FOREST SERVTCE MULTIPLE USE LANDS PLACED TN WILDERNESS STATUS Louis Camenzind, Jr., Durham, Mr. Camenzind requested that he receive a copy of this report from the Forest Service and BLM. He is interested in protecting our mineral resources. He was concerned about the mineral resources in 10 years from now. The people in Washington D.C. are putting lands into wilderness without complete. studies and review. Supervisor Winston was concerned regarding these public meetings being held by the Forest Services. There ha~been little public interest or participation outside of the government workers. Page 492. January 15, 1980 80- ~' January 15, 1980 J Chairman Lemke discussed Rare II, to start there was not much land' in it and now there is 10,000. .There will be a loss of revenue. Butte County was told it would not be a big deal. Supervisor Winston stated he tried to interest people in packets he had received at the meetings and no one would even take them. He was concerned that people would complain once it was a law, but nat bother while it was in the process. available. Held this item to later in the meeting as the Assessor was not DISCUSSION OF THE COALITION'S REQUEST THE BOARD SUPPORT THE DELETION OF TITLE 2, PART C OF 5-914 AFFECTING LAKE TAHOE REGIONAL PLANNING AGENCY TABLED AT THIS TIME Supervisor Winston stated he would hesitate to take any action regarding The Coalition's request that the Board support the deletion of Title 2, Part C of 5-914 affecting the Lake Tahoe Regional Planning Agency at this time. He would like more information. The news media had stated there were all kinds of difficulty. They stated they want to get the federal government in the area and to even buy certain property, sl Supervisor Dolan stated there is new legislation being intro- duced to handle this problem. APPROVED APPOINTMENTS TO EL MEDIO FIRE DISTRICT. Chairman Lemke stated two letters had been received from the E1 Medio Fire District regarding new appointments. 82 On a motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, the following appointments to E1 Medio Fire District were approvede Richard Brazil - Commissioner Jesse Hill - Commissioner COMMUNICATIONS Mrs. Jan Holman, Durham. Mrs. Holman writes requesting that if the report from the District Attorney's Office is not available concerning the Durham Cemetery issue by January 15 that the hearing be con- tinued for one month. Handled earlier in the meeting. 83 Reginald A. Loftus, Los Gatos. Mr. Loftus writes in follow-up to his parcel map being approved and requests that the Board modify the require- ment for construction of asphalt paved roads prior to submitting a parcel map that would create 16 five acre lots for his Lake Loftus Retirement Community, AP 27-18-14, south side of Mackintosh Avenue at the east end, Palermo area. Referred to .Planning and Public Works. sian,.Minasian, Minasian, Spruance & Saber, attorneys at law. The attorneys, on behalf of Lynn L, Rockwell et al, write requesting that a four month interim zone of one acre minimum parcels be established for property in approximately a one square mile area, south side of Olive Highway, east of 0akvale Avenue and west of Skyline Boulevard, Oroville. Referred to Planning Supervisor Winston was amazed by this planning process. People say stay out of the valley floor, build houses in the foothills. This is a case in the area east of Oroville where sewer trunks are available. And naw we have individuals who want one acre minimum parcels. He would like to see our foothills developed. If they extend sewer lines, he cannot Page 493. January 15, 1980 80- ~i 84 85 86 Bettye Blair, planning director, stated the Advisory Agency had given tentative approval to this subdivision. Ms. Blair stated in the General Plan there are 5-8 dwelling units'ger one acre. They are not "SR-1". Supervisor Winston requested this matter be referred to the Planning Staffo -___--=====January 15,-1980=T_________________ -see any reason for putting a one acre minimum in these foothills. Assessor Brown was present at this time to discuss .the revenue losses to Butte County affected by withdrawal of U. S. Forest Service multiple use lands placed in wilderness status. DISCUSSION: REVENUE LOSSES TO BUTTE COUNTY AFFECTED BY WITHDRAWAL OF Uo S. FOREST SERVICE MULTIPLE USE LANDS PLACED IN WILDE__RNESS_STATUS WITH ASSESSOR Ed Brown, assessor, stated he had not received the information until Friday and with their office in the moving process he had not had sufficient time to study the matter. He had no estimate on any revenue on timber cut lando He felt Butte County was not affected by large number of acres. He felt the Forest Service was a little lax according to the logging rules and regulations. Mr. Brown stated he could look into the dollar value. Chairman Lemke stated he would like him to send the information to the Board and to see if there are any new avenues left to them. COMMUNICATIONS CONTINUED Milton Kraus, Paradise, Mr. Kraus writes requesting that the Board remove the "no access" condition on the one foot stxip adjacent to AP 65-33-40 (22 Glenwood Drive, Magalia). See discussion follow- ing communications. California Regional Water Quality Control Board. Eliseo Samaniego, chairman, writes commending the Board for the planning effort with respect to problems associated with the use of individual wastewater disposal systems in the communities of Paradise and Magalia. Information; no action taken. Senator John A. Nejedly. Senator Nejedly forwards information with regard to surface mining and reclamation which may alter the county's activities and responsibilities in the regulation of mining. operations under its jurisdiction. Mr. Camenzind, Jro to receive copy of letter. Referred to Surface Mining Aggregate Operations Gommitteeo PUBLIC WORKS DIRECTOR TO WRITE LETTER REGARDING MILTON KRAUS, PARADISE, "NO ACCESS" STRIP Mr. Matt Mathews,.Paradise. Mr. Mathews was representing Mr. Kraus in the sale of his property through a Cal Vet loan. The problem is there is no legal or insurable access and this is a requirement of Cal diet. Mr. Mathews discussed the map with the Board members. _ Matter continued until the Public Works Dixector can be reached. 87 ADDITIONAL COMMUNICATIONS Ernest & Emogene Jovich, Oroville. Mx. & Mrs.. Jovich appeal the Advisory Agency's approval of Robert and Patricia Bramlage proposed negative declaration and tentative parcel map, AP 31-18-24 and 85, four parcels south side of Nelson Avenue, approximately 200 feet off road frontage, east of 12th Street, Thermalito area. Hearing scheduled for February 19, 1980 at 10:30 a.m. ~'~ Page 494. January 15, 1980 ______-__= Januaryl5~ 19_80 =____-_-_____________ 80_ 88 AUTHORIZED JOHN F. CONNELLY TO COMPLY WITH CONDITIONS OF USE PERMIT WITHIN .~' 14 DAXS Dan Blackstock, county counsel, stated they are scheduled to go to trial on February 4 regarding the John F. Connelly use permit conditions. Mr. Blackstock has been informed Mr. Connelly has decided to ga along with them and it will not be necessary to go to trial. They particularly request one consideration. It appears the county granted a building permit some time ago and they bonded with us a deposit for drainage. This was regarding a parcel split and they made a deposit to take care of the drainage, One of Public Works conditions on the permit was to install curb and gutters. The use permit that was granted him on the gas_tank has in it the curb and gutter requirement that was also on the building permit. They would like to substitute it and delay the curs and gutters until the Public Works Director wants it all built together. On the use permit for the underground storage of gasoline, there are three special conditions. They relate to curbs, gutters and sidewalks and pedestrian ramp. They are the same con- e. ditions being enforced by the building permit, His request was if the Board would consider accepting what has already been promised and the deposit he has already met, is a compromise with the first three conditions for the use permit. He felt it was reasonable, Mr. Connelly is .concerned about the one year compliance with the use permit conditions. Within the pert two weeks they are to get the fence and get out of the set back area. WINSTON ABSENT AT THIS TIME On~a motion of Supervisor Wheeler, seconded by Supervisor Moseley, the Board is to allow on the use permit Mr. Connelly to comply with the same manner as on the conditions of the building permit. Mr. Blackstock stated the only basis is if conditions of the case as all the things the county has been complaining about will be completed in 14 days. One of the conditions as far as our agreeing to take the case off the calendar is to keep from going to trial. He felt they were going to get compliance. Vote on motion: AYES: Supervisors Moseley, Wheeler and Chairman Lemke NOES: Supervisor Dolan ASSENT: Supervisor Winston Motion carried. 89 Mr. Jahn Luvaas, Chico. Mr. Luvaas stated he was appearing as a representative of a group of property owners that live on the west side of Chico. He was appearing as an attorney. He was not representing Chico 2000. His appearance is not as a member of the law firm of Peters, Fuller, Rush, Schooling and Luvaas. He has been asked to tentatively represent this group. Mr, Luvaas presented a letter to the Clerk at this time and a copy to each of the Board members. He was appearing to give the Board the last opportunity to reconsider their intent on the Big Chico Creek Estates subdivision. Mr. Luvaas was hopeful of the cooperation of the City of Ghico and the county with the land use map of the area. Mr. Luvaas addressed the fact there was not as-great a need for housing in the area. There has been a request for extension of time to actually subdivide ahe land as they are not ready. He felt the impact reports main problem was not the need for housing. It stated there would be a down tux ~ needs in lots in subdivisions. Mr. Luvaas addressed the issues in his letter. He felt the land use map has Been.; the guideline and should continue. Page 495. January 15, 1980 80= ~'. 90 _ _ January 15,_1980_ _ _ _ _ _ _ _ _ ^ Supervisor Winston stated last week they had held a 3i to 4 hour hearing and this matter was discussed very tteroughly. Ms Blair had dis- cussed the Planning issue for. 10 minutes. Mr. Luvaas cited the example of Mrs. Eisenhower in northwest Chico. Zoning has to compel the entire zoning process. He did not feel the residences in the area of Big Chico Creek had been heard by the Board. People rely upon the zoning and use this as a guide when buying property. Supervisor Winston stated there is nothing in the law that determines that he accept everything in the EIR This is agriculture land. Dan Blackstock, county counsel, .pointed out to the Board, there was a hearing set and it was duly held and in the motion of intent they weYe to came back in two weeks. To discuss this matter at this time was unfair to the otherside to even reconsider where both sides have not been noticed and cannot be heard. Supervisor Dolan stated other subdivisions have been heard and they have had an intent to delay. the certification of the EIR. They have not certified to the EIR. Mr. Blackstock disagreed. The hearing had been closed, if they are going to allow this to happen it will be a continuing situation, Every week they will have lengthy discussion and lengthy comments on the EIR and the projects will never be certified. Chairman Lemke stated he did not want to abuse the process. He stated the mitigation measures that are set out in the letter have been given every opportunity to discuss them with the Board, Mr. Luvaas stated as a final point the neighbors in the area near the subdivision are very disturbed, they aYe very angry ,:t'hey have been-. ignored and agriculture in this county has not been given to the best interest. They have assembled $3,000 litigation fund and are still collecting funds. It is their intent to hire legal action to challenge the issue. This is a fact they are not threateningo He does not have any authority, he does not represent them. He wanted the Boarc~to know the mitigation measures that were being requested.. There is no need for this project. Supervisor Winston stated he Maras asked why couldn't the county and City of Chico get together in planning matters. Mr. Luvaas has heard '..{any one of the objection to try to ameliorate and seems to be a reluctance on the group to even move off of a position. We are here, they are here. No place in the middle, Like the other members of the Board, I did not take this very lightly. They labored over the land use text. He regretted the Eisenhower project but felt they had made a .commitment; over his vote it was approved. He felt an attempt~should be made to truely look at the land use text and see what it says and see if won't work. Mr. Luvaas stated he was not making a threat,but making a promise. PUBLIC HEARING: JAMES T. CLANTON - PROPOSED NEGATIVE DECLARATION AND AMEND- MENT TO GENERAL PLAN LAND USE ELEMENT_MAP. OROVILLE - ADOPT RESOLUTION 80-12 The public hearing fox James T. Clanton proposed negative declaration and amendment to General Plan Land Use Element Map from an existing low density residential designation to an industrial designation, property located 895 feet and to a depth of 2,670 feet measured from the centerline of Lincoln Slvd „ identified as AP 36-27-50 & 51, Oroville was held as advertised. Bettye Blair, planning director, stated this general plan amendment was recommended by the Planninga~~mission. The Board has copies of their Page 496. :7anuary 15, 1980 80- ~i January 15, 1980 minutes. Ms. Blair reminded the Board they are limited to three amendments a year. The Board may wish to hear this and continue and close the hearing and take action on this item later rather than using one of the three wishes at this time. There were no amendments coming forward in the near future. There are two of the three wishes coming down the line. Possibly in four months South Chico and six months the Biggs-Gridley project. It is within. the study area of Oroville. Earl Nelson, environmental review director, stated they did an initial study of potential study of impact similiar to Wynoka Homes. There was no great environmental concern. The land use indicates industrial. There are other industrial areas in the neighborhood. An under developed area. Somewhat suitable. Tt was in the "M-2" zone so it gives it certain amount of protection. They recommend a negative declaration. Hearing open to the public. Appearing: 1. James Clanton, Oroville. Mr. Clanton was present if the Board wished to ask any questions. His project was in the Formative stage. They had tried in 1979. He was aware of the three amendment requirements. Months delay would effect his project. They are at a stand still until they get approval on the project. Chairman Lemke questioned if they could make some kind of motion of intent and place it with other items when they come forward in a few months. Del Siemsen, deputy county counsel, stated a motion of intent is still not final until it is approved. He did not. suggest that action. The Board would have to deny the general plan change at that point. He would be in a position where it would not help him. They are taking a gamble on full approval on this Board. Mr. Clanton stated by looking at the map and by going through the Planning Commission the entire area east of Lincoln Avenue is "A-R", it is an overlay on the original area. He felt by eliminating this and zoning the entire property for that classification makes it easier to work with and for any future development in that area. They need to know so they can proceed, 2. Rudolph Shultz, Oroville. Mr. Shultz stated it has already been said. The area is more or less commercial to the east. To the west it is "M-2", northwest "M-1". People directly to the north are requesting for zoning to "M-1" also. He felt the whole area was going to either "M-1" or "M-2", Hearing closed to the public and confined to the Board. Supervisor Winston questioned Ms. Blair as to how many weeks would it take if a project is in the general plan change process. How long it was actually accomplished. Ms. Blair stated two years. If it is adopted today it is in effect today. The total time to affect a general plan change is five months. Five months from the time of application. If a hearing was set immediately it would be less than a month. The zoning has not been brought before them. Vot until the Board takes action on the general plan. Supervisor Dolan questioned if they could defer action for one nonth. Until the zoning petition was heard before the Planning Commission. mould both the general plan and zoning be handled on the same day. Page 497. January 15, 1980 80. b''. January 15, 1980 Ms. Blair stated in two week period something may come out, She was not sure where they were in regards to some projects until they have the environmental determination ready for hearing, they cannot go into hearing. Mr. Nelson has to send it through the state Clearing House. On a motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, finding the proposed project could not have a significant effect on the environment.tha~ a negative declaration is recommended. On a motion of Supervisor Winston, seconded by Supervisor Moseley, that Resolution 80-12 amending the General Plan as requested for James T. Clanton, finding that it is consistent with the text of the Land Use Element and it is consistent. with 211 of the other elements to the General Plan be adopted and the Chairman authorized to sign. Vote on motion: AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES: Supervisor Dolan ' 91 92 93 94 Motion carried. PUBLIC WORKS. DI RECTOR TO WRITE LETTER REGARDING MILTON KRAUS "NO ACCESS" STRIP Clay Castleberry, public works director, stated he was familiar with this problem and would recommend the Board do as in the past. The road has been in use for 15 years. Mr. Castleberry stated he would write a letter to Cal Vet. Matter referred to `Public Works. APPEARANCE: PETER DE GEORGE Mr. Peter DeGeorge was before the Board as he is concerned about the violence which took place on January 1, 1980 in the Durham area of Butte County. It was a private gay party. They were attacked by a gang of youths. Several individuals required medical attention. They come as the members of the gay community. It is not isolated. They have incidents of harrassment. They met with the Sheriff's Department on January 11. He was concerned about further violence. He would like to have the Board take action opposing violence of this kind. APPEARANCE: MELONY MORT Ms. Melony Mort stated she was concerned about the lesbian and gay issue. She is on a committee to eliminate the concerns against gays in a community and erase the stereo-type. She had heard about the incident in Durham the following day. She feels the threat of the gay community. She needs assurances under the law they will be protected. Ms. Mort was concerned about these individuals getting away with beating up people at a private party. She was appearing before the Board to make them aware of what is happening. She would like the Board's support in their struggle and to take action against the violence. Ms. Todd is the director of the Feminist Health Center, Chico. Her group was aware of the incident at the gay party in Durham. She would like the Board to issue a public statement.. She hoped it would open peoples eyes. She felt it was important to educate-=the people in Butte County. 95 APPEARANCE: GARY VICTOR SERENO-REGIS Mr. Gary Victor 5ereno-Regis, Oroville. Mr. Sereno-Regis presented a letter to the Board members. ;~B=,-mead the letter to the Board. He was born Page 498. January 15, 1980 January 15, 1980 sa! b'. in the Oroville area and planned to stay. He is gay. He was in attendance at the gay party in Durhamo It was an unprovoked attack at a private home. The sole reason was because they are gay. Mr. Sereno-Regis displayed the clothes he had worn to the party. They were attacked by 5-6 very healthy young men. They were hit in the head and ribs. The gay's have tried to live peacefully in the community and carry out their jobse They live in constant fear of violence and prejudice. They demand legislative rights and protection. It is guaranteed by the constitution but falls short in practice fox gay people. The Butte County Fellowship was requesting the Board to issue a public statement condemning acts of violence and harrass- ment against gays. 96 APPEARANCE: LISA BUCKNER Ms. Buckner is involved with the gay movement on campus at Chico. She was joining in with concern to educate-the community regarding gay's. Ms. Buckner would like the Board to take public action condemning the acts of violence against the community at large. 97 BOARD OPPOSED TO VIOLENCE OF ANY KIND On a motion of Supervisor Winston, seconded by. Supervisor Dolan and unanimously carried, this Board goes on record as opposed to violence of any kind directed against any person or persons. Supervisor-Dolan stated she knew this incident was still being investigated with the Sheriff's Department. She encouraged anyone that was involved to file or direct a complaint. Chairman Lemke stated the Board does not condone violence for any reason or upon any individual groupo Supervisor Winston stated he knew it was a difficult task for Mr. Sereno-Regis and he appreciated his fortitute of a human being. RECESS: 12:10 p.m. RECONVENE: 1:47 p.m. 98 PRESENTATION OF ANIMAL CONT120L & HEALTH SERVICES AND NORTH VALLEY VETERINARX MEDICAL ASSOCIATION REGARDING THE ANIMAL CONTROL PROGRAM The presentation concerning the animal control program by Animal Control & Health Services and North Valley Veterinary Medical Association was held at this time. Chairman Lemke read a note that Dr. Seeley would not be able to attend the presentation today. Dr. A11en was to be present. Clif Mickelson, administrative officer, stated there were two issues today. One is the Animal Control & Health Services which Dr. Allen is in charge of. The other issue is whether or not the county will pay for health services. Dr. Allen, Ericksons Veterinary Hospital, Chico. Dr. Allen would try to answer any questions. Mr. Webber, the first director, has gone. They have hired Mr, Warren Cox and he is their administrator. Dr..-Allen set out Mr. Cox's background. He set out the procedure to hire a replacement. Dr. Allen stated last year when they were negotiating with the Board they were a little naive. The only protection they had was in the ..figures in the budget. He had presented their figures to staff. The cost has been considerably over and above the projected amount. Private enter- prise has compiled more miles that county staff has been able to. They have 'compiled a $3,000 deficit. The company did nat mind if they have a break- even situation. If they do not,..,,a.~suffice, the County will have the program back. They needed the Board's Page 499, imput. Where they are going and i January 15, 1980 January 15, 1980 80- the type of service they want. There service calls increased 32%; animal back up increased 39%. The miles driven increased. There has been increases in all areas. They charge adoption fees to supplement their income. Renewal notices were not mailed out for licensing. There are 5,700 licenses. There was concern that 28 rabies cases have been confirmed in Butte County. They appreciated the 15 day ordinance the Board adopted, there is no penalty during this period. Dr. Allen stated he had all kinds of facts and figures he could present. They have been working with the Sheriff's Department regarding emergency calls at night, They charge $50 for these night emergency calls. They have had strange calls.; From lama to water buffalo. Dr. Allen stated overtime emergency clause did not show up in the contract, He fells it should be in the contract, They need computer help to follow up on the dog licensing. Problems were created with the two-year licensing. There were many complaints. Dr. Allen stated with a $3,000 loss the program will not continue long. Overtime and the increased cost of everything has caused the loss to climb. Dan Blackstock, county counsel, stated the cost for CPI has increased. It should be the whole cost not just the 2/3. There is a 25% per year in the contract but no provision for additional services. Mr. Mickelson stated they have no problem with the program. Sheriff Gillick feels they are doing a good job and he does not want the program back. Mr. Mickelson questioned if there were ways to build the revenues back up. In the past they had a CETA crew that went door to door. Dog licensing is at the bottom of peoples priority list. Dr. Allen voiced the concern of all veterinarians regarding the increase in rabies. Luckily there have been no humans. Chairman Lemke questioned was the objection points the computer use and overtime clause and list fees for $1 additional for one year and 100% of CPI. Dr. Allen felt it should at least be that. Mr. Blackstock stated it should be cleared up that the contract provides the company give-the houzs per week. They are to answer-the calls. He stated on the 2/3 to full amount they normally, on CIP type of agreements, do not give the full amount. The reason is the fee factor. Steve Musselman, administrative analyist, set out the figures requested by the Chairman. In 1975-76 there was $105,242; 1976-77, $112,000; 1977-78, $139,000; and 1978-79 was $115,000. Last year they went door to door. You have to get out and hustle. Mr. Musselman felt the potential for licensing revenues were there. Here was some of the figures: 1975-76 - $22,000 1976-77 - 33,000 1977-78 - 33,631 1979 - 38,459 He felt there was a $5,000 deficit for dog licensing that could be made up. Mr. Mickelson felt there was some lack of communications between all the county offices and Dr. Allen. The Sheriff does not want the job back. He will check with Counsel and change the method of procedures being done as far as the computer spinoff is concerned. Mr. Cox, animal control officer, stated they were having problems with cattle on the highway. There is cost and time envolved and they receive no payments. Mr. Cox stated the county staff had been very cooperative. Page 5000 January 1.5, 1980 • ' January 15, 1980 80- '' ~. Dr. Allen stated he had wanted to report where they were and dis- ~ cuss any problems with the Board. He wants to try to work them out together. ~; Mr. Mickelson was directed to get together with Dr. Allen. Mr. Mickelson stated other than a negative cash flow he would help him. The terms of the contract are for four year. Mr. Blackstock stated any contract could be amended. Chairman Lemke stated the other concern was the calls from public agencies to private animal veterinarians and they are not being paid. Mr. Blackstock stated the basic problem was over the agriculture code, It does not allow you to make payments for this type of service £rom this fund. Mr. Blackstock read from paragraph 5 of the contract. The Auditor is tied to that. Mr. Mickelson stated every bit of the livestock indemnity is being ', used up. Dr. Allen stated private enterprise will not continue to carry the ', county. Over a year ago they were told the funds would be considered at budget time; but they were left out. When the veterinarians are called on emergency calls and they bill the county, the bills are sent back unpaid, There was concern for treatment and payment after the emergency calls. Because they belong to the company it is felt they should get care at the hospital free. The cities-pay when they are billed. Chairman Lemke referred the matter to the Administrative Officer. 99 ADDITIONAL MATTERS BY BOARD MEr~ERS Chairman Lemke stated he had received a note £rom the Sheriff's Office and the body df the little 8-year old girl was Found today. Supervisor Moseley stated tomorrow, January 16, the Sacramento Air Basin Control Council will be holding a meeting here. They would like the Board members to be present if possible. The press was urged to announce it. Supervisor Winston was concerned about the Chico library meeting. ADJOURNMENT There being nothing further before the Board at this time, the meeting was adjourned at 2:50 p,m. to reconvene on Tuesday, January 22, 1979 at 9:00 aom. TTEST: CLARK A. NELSON, COUNTY CLERK-1tECORDER and ex-officio Clerk of the Board of Supervisors ~~]. f~ Chairman, Board of Supervisors Page 50I. January 15, 1980