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HomeMy WebLinkAboutM011778January 17, 1978 ~f~.oo /oo. g 3 113.00 113 'WSJ 113.0 ~D3.1 ~ 7o¢.oa g3o.oa STATE OF CALIFORNIA ) SSo 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 Mickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk by Cathy Pitts, deputy clerks Pledge of Allegiance to the Flag of the United States of America. Invocation by Supervisor Moseley 78-88 APPROVAL OF MINUTES On motion of Supervisor Moseley, seconded by Supervisor Madigan and unanimously carried, the minutes of January 10, 1978 were approved as mailed with the correction to page 169, minute order 78-84 should be had not been notified instead of had been notified. 78-89 COMMUNICATIONS Robert L. Davis, Chico. Mr. Davis submits his resignation as a Subdivision Committee hearing officer. Administration to post vacancyo State TV Cable, Chico. The Firm forwards the ordinance and resolution adopted by the City of Chico for reorganization and clarification of existing CATV franchise operations which is currently being prepared by County Counsel`s Referred to Counsel. Joe and Susan Henegar, Chicoo Mr. and Mrs. Henegar appeal the Board of Zoning Adjustment's denial of their variance to allow a 23,760 square foot parcel in an SR-1 district, AP 42-34-04, east side of Cussick Avenue (Bay) approximately 300 feet south of Churchill Avenue, Chico. Set for hearing January 31, 1978 at 11:15 a.m. Gerald V. Curry, Chico. Mr. Curry appeals the Advisory Agency's condition number nine relating to a 5,000 gallon storage tank with a two and one-half inch gate valve for a tentative parcel map, AP 44-01-53, two parcels, east side of Hicks Lane, across from Caballo Way, Chico. Set for hearing January 31, 1978 at 10:30 a.m. E. M. Burgess, Paradise. Mro Burgess appeals the requirement for an environ- mental impact report on a rezoning from A-2 to C-2, AP 66-47-15 and 16, east side of Skyway, 300 feet north of Indian Drive, Magalia. Set for hearing January 31, 1978 at IO:45 a.m, William and Jaanna Mazurek, Oroville> Mro and Mrs. Mazurek writes concerning flooding and road conditions on the corner of 16th Street and Crest Drive in Oroville. Referred to Public Works for comments and report. Greater Chico Chamber of Commerce. Jim Lynch, executive vice president, writes requesting assistance in defining termination destination points for tourists in Butte Countyo Referred to Bob Nicholson. League of Women Voters of Butte County. The League writes requesting that an evening meeting be held in the Chico area concerning the site fox the new City-County Library. See discussion following communications Page 171. January 17, 1978 x!,30. o0 3¢0. a o ~{SO.oo ~~/~ ~ o lJ 3•os~ January 17, 1978 City of Chico. The City requests that the hearing scheduled for January 24 concerning the notice of intention for purchasing a library site be postponed. See discussion following communicationso International Brotherhood of Electircal Workers. The Union writes concerning construction of the residential treatment center in Chico that fias been awarded to Symbol Construction Company on a lease back basis. Referred to Administrative Officer for report backo United States Post Office, Marysville. The Post Office writes concerning implementation periods of the addressing changes in Butte Countyo Referred to Public Works for comment. State Department of Water Resources. The Department writes concerning the schedule of 1978 entitlement water deliveriesa Informationo Geddis, Driscoll and Associates, Oroville. The Engineers, on behalf of Michael Chubb, AP 28-19-59 appeal the condition seven on tentative parcel map, Mission Olive Road, approximately 5,500 feet southeast of Dunstone Drive in Wyandotte area, south of Oroville. Set for hearing February 7, 1978 at 9:45 aom. 78-90 DISCUSSION: EVENING MEETING IN CHICO AND POSTPONEMENT OF JANUARY 24, 1978 MEETING RE: CHICO-.COUNTY LIBRARY Discussion of the request by the League of Women Voters of Butte County for an evening meeting to be held in Chico and the request by the City of Chico for a postponement of the January 24, 1978 hearing on the consideration of the notice of intention to purchase a library site was held at this time. Supervisor Madigan stated that the matter should be left on the agenda and that if the City representatives are unable to attend then they should put their comments in writing before the meeting. Supervisor Madigan stated that he believed that the League of Women Voters was concerned about the library being situated in the park, Supervisor Madigan stated that he will talk with Barbara Boyle and arrange a special meeting with the League of Women Voters. Supervisor Richter stated that he concurred with Supervisor Madigan. Supervisor Richter stated that he had received a letter from Don Morrison suggesting that the college library be opened up and available for the public's use.Mr. Morrison wanted to know what the board's reaction would be to using the money to building a parking lot and opening the library to the public. Chairman Winston stated that he had been approached by two people who stated that the City of Chico has reversionary rights to the park. The individuals stated that there would be no problem with a law suit that some procedures can be entered into. County Counsel to look into the matter of the library site being placed in the park and bring back a judgement next week, January 24, 1978. The hearing is to be held as scheduled and the Administrative Officer to inform the City of Chico. 78-91 DISCUSSION: McCAIN AND ASSOCIATES LETTER RE: PUBLICATION FOR I#EARING ON BUTTE CREEK ESTATES SUBDIVISION RELATTVE TO A SEWAGE TREATMENT FACILITY Supervisor Richter stated that McCain and Associates had written a letter stating that-''tile` puflication on the Butte Creek Page 172. January 17, 1978 January 17, 1978 Estates Subdivision use permit for a sewage treatment facility had been in error. C1if Nickelson, administrative officer, stated that the letter had been received and upon checking with County Counsel's office a corrected notice can be sent out and the hearing held at the scheduled time. Mr. Nickelson stated that he had called Mr. McCain and explained that the corrected notice of hearing would be published. There is time to publish the correction in the paper. Dan Blackstock to get together with Bob Boehm, deputy county counsel, and bring back a recommendation to the board on the publication. 78-92 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Moseley stated that the board had received a letter from Joe Bandy, agricultural commissioner, regarding the clean air act amendments of 1977. The matter to be discussed later, Supervisor Lemke stated that he had received a letter from Tehama County agreeing to send a representative to the committee meeting regarding the mandatory requirement for a general plan insteazl_!.of using the general plan as a guideline. Supervisor Moseley asked.what-the!lettgx Yn_Spanfah>was referring to? Clay Castleberry, public works director, stated that it refers to a request for changes in school bus stops in the Biggs-West Gridley area. The letter was referred to Public Works to work with the Highway Patrol and the schools. 78-93 REPORT BY TOM STRUTHERS, CIVIL DISASTER COORDINATOR, RE: FLOODING ZN BUTTE COUNTY DUE TO THE RECENT STORM Tom Struthers, civil diaster coordinator, stated that the county was near a flood emergency as of yesterday. The City of Oroville had sever flooding in areas. Honcut had sever flooding in isolated areas. Some people had water coming into their homes. There is a area west of Chico in the River Road area heat has been flooded since Saturday. The Sheriff has beer working in the area and has evacuated some 30 people £rom their homes. They had to be evacuated by high vehicles. Mr. Struthers stated that he was close to requesting the Chairman of the Board of Supervisors to declare an emergency. The county would have been in a situation to implement the disaster plan of the countyo This was not neces~aryo Mr. Struthers stated that he would like to outline the circumstances under which the disaster plan is put into work. If it is found necessary on a staff level, Public Works, the Sheriff and Administration, a local disaster can be declared, There are two methods to do this, a special meeting of the board or a meeting with the Chairman of the Board of Supervisors who can declare the emergency and then have it ratified at the next regular meeting of the Board of Supervisors.. After a local emergency has been declared, the county can go the he state and other agencies for help. The county was not at that point yesterday. The waters have subsided some. The Sacramento River is very high. In Butte County the river is some 2 to 8 feet below flood stage. There have been three crests in the last four days. This has put the river over flood stage in Tehama Countya Page 173. January 17, 1978 January 17, 1978 Unless the weather is more severe, it looks like the county ..will not hit flood stage. Supervisor Madigan stated that there has been damage on the River Road and repair work will have to be done. 78-94 ADDITIONAL MATTER PRESENTED BY SUPERVISOR MOSELEY Supervisor Moseley stated that she had attended a good meeting last Wednesday with the people from the Governor's Commission on the Handicapped. 78-95 REPORT BX PERSONNEL DIRECTOR RE: ANNUAL COUNTY AFFIRMATIVE ACTION REPORT AND THE EQUAL EMPLOYMENT OPPORTUNITX PLAN FOR COUNTY POSITIONS FOR CALENDAR YEAR 1978 Jim Rackerby, personnel director, submitted the annual County Affirmative Action Report and the Equal Employment Opgortunity Plan for county positions for calendar year 19780 The programs are administered through the Perms nnel Office. The Personnel Department is required to submit an Affirmative Action report on employment statistics. Information; no action taken. 78-96 WAIVE SECOND READING: ADOPT ORDINANCE 1895:-SALARY ORDINANCE AMENDMENT On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the second reading of the salary ordinance amendment which reclassified several positions and provides hiring flexibility in several classes and adds new positions of Risk Mangement Coordinator and one-half time Health Education Assistant was waived; Ordinance 1895 was adopted and the Chairman authorized to sign. 78-97 PUBLIC HEARING: OLLA WILLIAMS - PETITION FOR VARIANCE TO PROVISIONS OF SECTIONS I9-IO AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON AP 64-67-04, 900 FEET NORTH OF WOODWARD DRIVE,-STAR ROUTE, MAGALTA A public hearing on the Olla Williams petition for variance to provisions of Sections 19-10 and/or 19-12 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 was held as advertised. Howard Toussaint, sanitarian, stated that the petition was in order, Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the board, On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the petition for variance for Olla Williams to provisions of Sections 19-IO and/or 19-12 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 was approved for a period of one year. 78-98 APPROVE PURCHASE OF SURPLUS CONSTRUCTION OFFICE TRAILER AT A COST OF 5100 PLUS TOWING CHARGES OF $89 FROM STATE EMPLOYMENT DEVELOPMENT DEPARTMENT On motion of Supervisor Madigan, seconded by Supervisor-Lemke and unanimously carried, the purchase of a surplus construction office trailer from the State Employment Development Department at a cost of $100 plus towing charges of $89 with funding to come from the road reserve was approved and the Auditor to bring back a budget transfer, - Page 1740 January 17, 1978 January 17, 1978 78-99 CONTINUE CONSIDERATION OF APPROVAL OF PURCHASE - REPLACEMENT OF SHERIFF'S PATROL CAR TO JANUARY 24 1978 Supervisor Lemke stated that the replacement was for a vehicle that was destroyed in the Paradise areas The Paradise Substation needs a second four-wheel drive vehicle. Could this be replaced with a four-wheel drive vehicle? The matter is continued to January 24, 1978 with Supervisor Lemke to get together with. the Sheriff to determine the need in the Paradise area. 78-100 WAIVING THE FIRST READING OF THE ANIMAL CONTROL ORDINANCE CONTINUED TO JANUARY 24. 1978 The consideration of the waiving of the first reading of the Animal Control ordinance which will amend certain sections of the county code governing the control of animals as well as fee schedules was continued to January 24, 1978. 78-101 ADMINISTRATIVE OFFICER TO SOLICIT CONSULTANT TO REVIEW THE NOTICE OF INTENTION FOR THE PG&E FOSSIL FUEL PLANT AND BRING BACK TO THE BOARD Discussion of the filing information by PG&E for a notice of intention to construct a fossil fuel plant was held at this time. The State Energy Resources Conservation and Development Commission has requested that the county review and comment. Dan Blackstock, county counsel, stated that he had received a proposed option agreement relative to the water purchase by PG&E and that it appears to be in order. The option agreement would go into effect immediately. PG&E would buy their water from us. The county would no longer be paying for water that is not used. The matter of the fossil fuel plant will not came before the board. The board is not the agency that will make the final determination on the site. Mra Blackstock will mail the proposed agreement to the board. Clif Mickelson, ddministrative officer, stated that his office has been in contact with the state. '.:The staff is unable to do the review of the notice o£ intention and make comments in-house. If the review is done in-house there will be no funding to offset the costs. Mr. Mickelson stated that he is recommending that the county go out and solicit a consultant to review the notice of intention and report to the board and the Energy Commission. The Energy Commission will pay the cost of this review. After a firm is selected the county fills out the necessary forms and sends them to the Energy Commission far their approval and then the firm can be hired and the Energy Commission will pay for the review. Supervisor Richter stated that the board should be involved in the review. If a consultant is going to be used, public hearings should be held in which one or two of the board members and the consultant are present to get reactiono Mike Pyeatt, administrative assistant, stated that the State Energy Commission will hold two and maybe more hearings on the matter. The Administrative Office to solicit consultants and bring back a proposal to the board. Page 175, January 17, 1978 January 17, 1978 78-102 APPROVE BUDGET TRANSFERS On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the following budget transfers were approved: 8-80 Court Work Referral Program. Transfers $216 from salaries and wages and $625 from general insurance; with $264 going toward extra help, $552 to employee benefits, and $25 to office expense~~pursuant to grant modification no. 2 which was approved by the Office of Criminal Justice Planning on December 7, 1977. 8-81 Community Action Program. This transfer establishes appropriations for the EOC 1978 winterization and transportation programs which were approved by the Community Service Administration on September 23, 1977 and is comprised as follows: CAA Administration, $6,875 in federal funds and $2,100 in matching in-kind contributions; housing winterization program, $56,875 in federal funds and $23,183 in matching in-kind contributions; and transportation program, $5,000 in federal funds and $4,181 in matching in-kind contributions; for a total grant of $98,214 (federal, $68,750 and matching in-'kind, $29,464). B-82 Community Action Proeram - EOC Community Food and Nutrition Program. This transfer establishes a program budget for the 1978 calendar year which was approved by the Community Services Administration on September 16, 1977 as follows: salaries and wages, $10,322; fringe benefits $2,334; travel, $1,520; space costs and rentals, $600; consumable services $6,874; equipment rentals and purchases, $1,350; and other costs, $2,000. Total budget is $25,000 and will be realized from unanticipated federal revenue from the Community Services Administration food and nutrition program. B-85 Various Departments. This transfer provides funding to cover the purchase of vehicles within various departments pursuant to the vehicle bid awarded by the Board of Supervisors on January 3, 1978, Sheriff - enforcement: transfers $20,025.28 from the reserve to fixed assets - equipment. Agriculture; transfers $319.04 from maintenance of equipment to fixed assets. Animal Control: transfers $504.76 from the reserve to equipment. Farm and Home. Advisor: transfers $667.20 from the reserve to equipment. Air Pollution: transfers $25.86 from maintenance of equipment to equipment. 78-103 PUBLIC HEARING: FRANK PEASE - NEGATIVE DECLARATION AND APPEAL OF TENTATIVE PARCEL MAP, AP 71-07-23, FOUR PARCELS, NORTH SIDE OF PONDER05A WAY, APPROXIl+?ATELY THREE MILES EAST OF ORO-.QUINCY ROAD, BERRY CREEK - CONTINUED TO MARCH _14,._1978 AT_1.9:30 A.M. The public hearing on the Frank Pease negative declaration and appeal of tentative parcel map, AP 71-07-23, four parcels, north side of Ponderosa Way, approximately three miles east of Oro-Quincy Road, Berry Creek was held as advertised. Clay Castleberry, public works director, stated that he had received a letter from Mr. Pea se's agent asking that the hearing be continued for 60 days. There is a community effort to try to resolve the access problem on Ponderosa Way. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the boardo The hearing was continued to March 14, 1978 at 9:30 a.m. ., Supervisor Richter stated that when a continuance is requested the departments should tell the apppl~icant that they had better show up. Page 17b. January 17, 1978 January 17, 1978 78-104 PUBZTC HEARING DATE SET.: CONSIDERATION OF A BRAFT CITIZEN PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT PROGRAM A public hearing date of January 31, 1978 at 11:00 a.m, was set for consideration of a draft Citizen Participation Plan prepared by Connerly and Associates for the Community Development Program. 78-105 ADOPT RESOLUTION 78-5: RESOLUTION AUTHORIZING DISPOSITION FOR REHABILITATION OF PROPERTY AT 2311 D STREET AT FAIR MARKET VALUE 9 000 WITH TERMS On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, Resolution 78-5 authorizing disposition for rehabilitation of property at 2311 D Street at fair market value ($9,000) with terms was adopted and the Chairman authorized to sign. 78-106 AUTHORIZE PUBLIC WORKS TO AMEND CONTRACT WITH BAZDWIN CONSTRUCTION COMPANY FOR ADDITIONAL PUBLIC WORKS TO BE INCLUDED FOR SOUTH OROVILLE On motion of Supervisor Moseley, seconded by Supervisor Richter and unanimously carried, Public Works was authorized to amend the contract for additional public works to be included under the current contract for South Oroville with Baldwin Construction Company with the bid being $40,09.40. 78-107 AUTHORIZE PURCHASES - HEAD START EQUIPMENT - SECRETARIAL DESK ($265) AND TWO STORAGE CABINETS _($254.292 On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the Head Start equipment purchases of a secretarial desk ($265) and two storage cabinets ($254.29) were authorized with funding available from within the existing budget. 78-108 ADOPT RESOLUTION 78-6: RESOLUTION AIRECTTNG COUNTY CLERK TO INVOICE CANDIDATES SUBMITTING STATEMENTS AND AUTHORIZING CLERK TO COLLECT A DEPOSIT THEREFORE On motion of Supervisor Madigan, seconded by Supervisor Moseley and unanimois ly carried, Resolution 78-6 directing the County Clerk to invoice candidates submitting statements and authorizing the Clerk to collect a deposit therefore was adapted and the Chairman authorized to sign. 78-I09 APPROVE RENEWAL OF VARIANCE - RICHARD L. GREGG On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the renewal of a variance to Section 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 2i-23-22, Route 2 Box 412, Evans-Reimer Road, Gridley for Richard L. Gregg was approved for a period of one year. 78-110 PUBLIC HEARING DATE SET: ABATEMENT OF SUBSTANDARD HOUSING AT 2910 FT. WAYNE STREET, OROVILLE A public hearing date of February 21, 1978 at 10:00 a.m. was set for consideration of abatement of substandard housing at 2910 Ft. Wayne Street, Oroville. 78-111 AUTHORIZE SUGGESTED PAYMENTS - INDIGENT MEDICAL BILLING - EIGHT MEDICAL CASES TOTALING 16 216,70 WITH SUGGESTED PAYMENT OF 9 922.49 On motion of Supervisor Mosley, seconded by Supervisor Madigan and unanimously carried, billings received for eight medical indigent cases totaling $16,216>70 were approved for payment with the suggested payment of $9,922,49 with funding to come from the reserve. 78-112 PUBLIC HEARING DATE. SET: EXTENSION OF "INTERIM A-160 (AGRICULTURAL, 160 ACRE PARCELS) AND "INTERIM A-5" (AGRICULTURAL, 5 ACRE PARCELS) PROPERTY S URROUNDING AND INCLUBING MERIDIAN-MUNJAR AREA CHICO. A public hearing date of February 21, 1978 at 9:30 a.m. was set for extension of "Interim A-160" (agricultural, 160 acre parcels) and Page 177. January 17, 1978 January 7J, 1978 "Interim A-5" (agricultural, 5 acre parcels) property surrounding and including Meridian-Munjax ='.area, Chico, 78-113 ADOPT RESOLUTION 78-7: RESOLUTION SETTING PUBLIC HEARING DATE FOR BILL SHARP -ABANDONMENT OF A PORTION OF FORD DRIVE IN THE FORD GLEN TRACT UNIT ~~1, BORDERED BY AP 34-05-7 ON THE EAST SIDE ~1ND AP 34-05-36 ON THE WEST SIDE On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, Resolution 78-7 setting a public hearing date of February 21, 1978 at 9:45 a.m. for consideration of the Bill Sharp abandonment of a portion of Ford Drive in the Ford Glen Tract Unit ~~1, bordered by AP 34-05-7 on the east side and AP 34-05-3b on the west side was adopted and the Chairman authorized to sign, 78-114 ADOPT RESOLUTION 78-8: RESOLUTION SETTING PUBLIC HEARING DATE FOR LINDEN MAYER - ABANDONMENT OF A PUBLIC UTILITY EASEMENT, LOT 8, SCOTTWOOD PARK SUBDIVISION UNIT ~~1 PARADISE On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, Resolution 78-8 setting a public hearing date of February 21, 1978 at 9:45 a.ma for consideration of the Linden Mayer abandonment of a public utility easement, Lot 8, Scottwood Park Subdivision Unit ~~1, Paradise was adopted and the Chairman authorized to sign. 78-13.5 PUBLIC HEARING DATE SET: GCR DEVELOPMENT, INC. - DRAFT ENVIRONMENTAL IMPACT REPORT AND REZONE FROM "A-2 LTD" (LIMITED GENERAL)TO "C-2" (GENERAL COMMERCIAL) PROPERTY LOCATED ON THE EAST 5TDE OF CLARK ROAD, APPROXIMATELY 1000 FEET SOUTH OF WAGSTAFF ROAD, IDENTIFIED AS AP 50-19-38, CONTAINING 1.93 ACRES, MORE OR LESS, PARADISE A public hearing date of February 14, 1978 at 10:00 a.mo was set for consideration of the GCR Development, Inc. draft environmental impact report and rezone from "A-2 Ltd," (limited general) to "C-2" (general commercial) property located on the east side of Clark Road, approximately 1000 feet south of Wagstaff Road, identified as AP 50-19-38, containing 1.93 acres, more or less, Paradise. 78-116 PUBLIC HEARING DATE SET: FRANK H. BOATWRIGHT - NEGATIVE DECLARATION AND REZONE FROM "A-R" (AGRICULTURAL RESIDENTIAL) TO "AR-MH" (AGRICULTURAL RESIDENTIAL, MOBILE HOMES) PROPERTY LOCATED APPROX. 1/4 MILE SOUTH OF FOOTHILL BLVD. APPROX. ONE MILE SOUTHEAST OF OROVILLE BANGOR HWX., IDENTIFIED A5 AP 36-22-104 CONTAINING 20.0 ACRES MORE OR LESS OROVILLE A public hearing date of February 14, 1978 at 9030 aom. was set for consideration of the Frank H. Boatwright negative declaration and rezone from "A-R" (agricultural residential) to "AR-MH" (agricultural residential, mobile home) property located approximately l/4 mile soufih of Foothill Blvd. approximately one mile southeast of Oroville Bangor Hwy., identified as AP 36-22-104, containing 20.0 acres, more or less, Oroville, 78-117 PUBLIC HEARING DATE SET: CMR TAXPAYERS ASSOCIATION, ING. - NEGATIVE DECLARATION AND REZONE FROM "A-2" (GENERAL) TO "C-1" (LIGHT COMP~RCIAL), "TM-5", "TM-10", "TM-20" (TIMBER MOUNTAIN, 5, 10 AND 20 ACRE PARCELS) PROPERTY LOCATED SOUTH OF THE MIDDLE FORK OF LAKE OROVILLE, NORTH OF THE SOUTH FORK OF LAKE OROVILLE AND WEST OF THE TOWNSITE OF FEATHER FALLS, CONTAINING 12 SQUARE MILES, MORE OR LESS A public hearing date of February 7, 1978 at 9:30 a.m. was set for consideration of the CMR Taxpayers Association, Inc> negative declaration and rezone from "A-2" (general) to "C-1" (light commercial) "TM-5", "TM-10", "TM-20" {timber mountain, 5, 10 and 20 acre parcels) property located south of the Middle Fork of Lake Oroville, north of the South Fork of Lake Oroville and west of the townsite of Feather Falls, containing 12 square miles, more or less. Page 178. January 17, 1978 January 17, 1978 78-118 APPOINTMENT - CHICO BIKE STUDY COMNLCTTEE Supervisor Richter appointed Anna Genthe to the Chico Bike Study Committee. 78-~19 ADOPT POLICY ANA PROCEDURE MANUAL SECTION 31.0 On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, policy and procedure manual section 31,0 was adopted. 78-120 APPROVE PUBLIG WORKS TTENFS On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the following Public Works items were approved: 1. Accepted improvements, authorized release of performance and labor and materials bonds and commence the one-year maintenance period for Northwood Commons Uait No. 1 and Joshua Tree Unit No. 1. 2. Approved request by Public Works to request authorization to ask BCAG to transfer SB-325 funding from Buschmann Road andBuschmann Road extension projects to Pearson Road - Libby to Pentz which was previously approved (1978-77) and environmentally assessed, but unfunded. 3. Approved agreement whereby the cities will assign the 76-77 and 77-78 portions of Apportionments of Federal Aid for Safer Off-System (FASOS) funding in exchange for "dlean" funds which is proposed for the 78-79 budget with the total amount of exchange being $89,900 and authorized Chairman to sign subject to control of Counsel and Auditor. 4. Approved the following Federal Aid for Safer Off-System (FASOS) projects: Bull Hiil Road bridge across Butte Creek ($90,000); Chico River Road bridge at M&T Canal and approaches ($75,000j; and Foothill Blvd, beyond Garden Ranch Road to Lower Wyandotte, 1.5 miles ($140,000) with the local share for these.. three projects being proposed in the 1978-79 budget. 5. Approved consultant agreements with Rolls, Anderson and Rolls for engineering design of Chico River Road bridge and approaches ($5,400) and Holly Avenue bridge at Lindo Channel ($12,200) with funding to come from the engineering and administration budget and authorized the Chairman to sign. 78-121 AUTHORIZE PROPOSAL BY ROLLS, ANDERSON, AND ROLLS FOR THE CENTENNIAL - EL MONTE AVENUE DRAINAGE STUDY IN THE AMOUNT OF $6,600 Clay:Castlebei~rygrpublic works director, stated that he and Supervisor Madigan had made a tour of the E1 Monte area during the heavy rainso The water came up higher than the red warning lines on the dip. Mr. Castleberry stated that the area was.sandbagged on Friday evening. Mr, Castleberry stated that he would like the board to give some thought to proceeding with the E1+ Monte road project. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the proposal by Rolls, Anderson and Rolls for the Centennial - El Monte Avenue drainage study was authorized in the amount of $6,600 with the funding coming from the Revenue Sharing Revolving Fund and reimbursement from future drainage assessment districts. 78-122 DISCUSSION: McLPUGHLIN AND GREEN SUBDIVISION Discussion of the McLaughlin and Green Subdivision had at this time. Clay Castleberry, public works director, stated that in the Superior Court judgement the individuals involved were to do all things necessary Page 179. January 17, 1978 January 17, 1978 under county and state oxdinances to make the subdivision legal, The parcels do not comply with the law, They are not consistent with the zoning. Most of the people who bought the parcels have transferred the property back to the original owners< Mr. Castleberry stated that he believed that it is possible to merge most of the parcels. Some of them would almost have to be merged for sanitation requirements. Jim Lawson, planning director, stated that the zoning is RT-1 acre. The existing Iots were 13,500 square feet and by negotiation of the road their present configuration reduced the lots to 9,000 square feet. This is even Iess acceptable, If the parcels merged, they would have to be one acre parcels. The Subdivision Committee was instructed that this should merge back to parcels that could meet the subdivision requirements. 78-123 PUBLIC HEARING: JAMES ALLEN - NEGATIVE DECLARATION AND APPEAL ADVISORY AGENCY'S DENTAL OF A TENTATIVE PARCEL MAP FOR AP 25-16-18, TWO LOTS, WEST OF HIGEiWAY 70 1/4 MILE NORTH_OF COX LANE, SOUTH OF OROVILLE A public hearing on the James Allen negative declaration and appeal of Advisory Agency's denial of a tentative parcel map for AP 25-16-18, two lots, west of Highway 70, 1/4 mile north of Cox Lane, south of Oroville was held as advertised. Clay Castleberry, public works director, set out the background of the appeal. Tine general plan designation is orchard and field crop. Hearing on the negative declaration open to the public. Appearing: No one. Hearing closed to the public and confined to the board, On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, on the bass;of the initial evaluation, finding the proposed project could not have a significant effect on the environmel t, and a negative declaration was recommended. Hearing on the project open to the public. Appearing: 1. Ron Graves, representing Mr. Allen. Mr. Graves stated that the property was some 52 or 53 acreso There are two parcels involved, Mr. Allen does not want to farm any longer and wants to split off about 6-1/2 acres. The zoning is A-2 and it is in orchard and field crop. Mr. Graves stated that Mr. Allen is also appealing the requirement fox a 25,000 gallon water tank for fire protection. 2. James Allen. Mr. Allen stated that he is appealing the water tank as he has provided as a public service water for the fire department for more than 15 years. Mr, Allen set out the means by which the fire department obtains their water. Mr. Allen stated that his land has 20 percent soil and is not suitable for general agriculture. Hearing closed to the public and confined to the board. Supervisor Richter stated that the board should inform the subdivision committe that wherever there is a split in orchard and field crop where the parcel is above the minimum designated agricultural size then it should be considered .consistent with the general plan. It was moved by Supervisor Richter, seconded by Supervisor Moseley that the Subdivision Committee go by the ordinance and regulations established in this countyo Page 180. January 17, 1978 January 17, 1978 Motion withdrawn. It was moved by Supervisor Richter, seconded by Supervisor Moseley that the appeal of James Allen be approved and that the condition of the water tank be deleted and direction to the Subdivision Committee be to recognize divisions in orchard and field crop down to five acres in A-2 zoning. Motion withdrawn. On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the appeal of James Allen was approved; the tentative parcel map was approved with the findings that this is consistent with the general plan because in orchard and field crop five acre divisions axe:.. allowed and this is six acres and 40 acres; with the deletion of the condition on the requirement for the 25,000 gallon water storage tank; subject to the following conditions: 1. Deed to the County of Butte 40 ft. right-of-way from the centerline ofSH70. Z. Indicate a 55 ft. building setback from the centerline of SH 70. 3. Show all easements of record on the final map. 4. Obtain encroachment permit from Cal Trans. 5. Pay any delinquent taxes. 78-124 PUBLIC HEARING: EARL SHARP - APPEAL ADVISORY AGENCY'S CONDITION ~k12 REQUIRING INSTALLATION OF A FIRE HYDRANT FOR TENTATIVE PARCEL MAP, AP 34-19-80, FOUR PARCELS, APPROX. 600 FEET EAST OF GLEN DRIVE AT DEPARTMENT OF WATER RESOURCES OFFICE„ OROVILLE The public hearing on the Earl Sharp appeal of Advisory Agency's condition ~~12 requiring installation of afire hydrant for tentative parcel map, AP 34-19-80, four parcels, approximately 600 feet east of Glen Drive at Department of Water Resources Office, Oroville. was held at this time. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the board. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the waiving of condition ~~12, installation of the fire hydrant, was reaffirmed from their January 10, 1978 meeting. RECESS: 10:35 a.m. RECONVENE: 10:45 a.m. 78-125 PUBLIC HEARING: RAY GOTT - APPEAL OF ADVISORY AGENCY'S CONDITION d~2, AP 71-07-01, TWO PARCELS, 4.8 MILES SOUTHEAST OF HART'S MILL ON PONDEROSA WAY. OROVILLE. The public hearing on the Ray Gott appeal of Advisory Agency's condition ~~2, AP 71-07-01, two parcels, 4,8 miles southeast of Hart's Mill en Ponderosa Way, Oroville was held at this time. Clay Castleberry, public works director, set out the background of the appeal. The appeal is the 60-foot right-of-way on Ponderosa Way. Page 181. January 17, 1978 January 17, 1978 Hearing open to the public. Appearing: 1. Ron Graves. Mr. Graves stated that Public Works has-not considered Ponderosa Way suitable access. Mr. Gott built a road through the Simmons property and has a 60°foot right-of-way to Oro-Quincy Road. Mr. Gott has complied with the county ordinance by providing two-way traversable access from the Simmons property. Mr. Gott feels it is totally unreasonable to build part of Ponderosa Way when he has no right to use it other than prescriptive rights for one mile. There are only two building sites on the property that will meet the requirements for septic tanks. Mr, Castleberry stated that there is a community problem in the area. There are others in the community trying to make Ponderosa Way an acceptable access. Mr. Graves stated that Mr. Goff did not object to deeding the access for Ponderosa Way but did not want to build the road. 2. Ray Gott. Mr. Gott stated that it is illogical for him to build a road that he cannot use. Mr. Gott stated that he did not mii'-d deeding the 60-foot right-of-way through!. the property, Hearing closed to the public and confined to the board. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the appeal of condition ~~2 was upheld and the requirement to provide two-way traversable access be eliminated on the basis of the recommendation of the Public Works Director that this is very close to fulfilling as long as the right-of-way was deeded on Ponderosa Wayo 78-126 ADDITIONAL MATTER PRESENTED BY PUBLIC WORKS Clay Castleberry, public works director, stated that he had written a letter to Senator Johnson on three major projects: the passing lanes on Hwy 70, the work on the Olive Highway, and the four-lane Pentz. Road and Hwy 99, Mr, Castleberry stated that he got a letter from the Department of Transportation and that it was not in the best taste. According to the letter Butte County does not have any unmet needs. Mr, Castleberry stated that Butte County has some real problems and needs, 78-127 AWARD BID On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the bid for the concrete box culvert extension on Skyway Projeet No. 51261-76-4 was awarded to Jerry Boland in the amount of $17,805 with the funding from WO 1905B. 78-128 ADDITIONAL MATTERS PRESENTED BY PUBLIC WORKS Clay Castleberry, public works director, suggested that the 'board authorize the county to correspond with the Corps of Engineers asking them to look at three projects: riprap-..along the River Road, the Bach Kemle Shou Levee and the feasiblity of the Handlin Slough drainage study, Mr, Castleberry was told to process the requests. Mr. Castleberry stated that Butte County should be aware of what is going on with the Governor's Commission on State Water Rights Law, Mr, Castleberry reported on a meeting he attended in Fresno. Page 182. January 17, 1978 January 17, 1978 ^ Mr. Gastleberry stated that there had been heavy maintenance with the road crew. 78-129 DISCiISSION WITH REPRESENTATIVES OF CHICO FEMINIST WOMEN`S HEALTH CENTER CONCERNING I.W,Y. CONFERENCE IN LCS ANGELES JUNE 1977 Aiscussion with representatives of Chico Feminist Women's Health Genter concerning I.W.Y. conference in Los Angeles June 1977 was held at this time. Aiscussion open to the public. Appearing: 1. 3oanne Alden. Ms. Alden stated that she was not associated with the Feminist Women's Health Center. Ms. Alden stated that she had c ontacted a delegate in Los Angeles for information. Ms. Alden outlined how the delegates were chosen. The President appointed a federal commission who appointed a state commission. The nominees were chosen from territories. Ms. Alden stated that the women who had been politically active were the ones that had received information. It would be unusual for all of the women's groups to have received information on the conference. Individuals nominated different individuals as delegates. Ms. Alden stated that women in all kinds of groups should become active and support the views that they believe in, 2. Pam Moniz. Ms. Moniz stated that she had attended the conference. Ms. Moniz stated that anyone who wanted to talk was allowed access to the microphones. It was on a first come first serve basis. Ms. Moniz stated that she did not have the information on the advertisement costs. Ms, Moniz stated that she was informed of the conference by word of mouth. Ms. Moniz stated that she thought that greater dissemination to women's groups would have been helpful. Ms. Moniz stated that she raised her own money to attend the conference. Mso Moniz stated that she agreed that there is a problem with the publicity given before the conference. 3. Harriett Weir, Commission on States of Women. Ms. Weir stated that the women who went had a motivation: to go. It was a matter of motivation..; Ms. Weir stated that when you are talking about issues that effect 50 percent of the population $5 million is not a lot of money. Ms. Weir stated that some type of public meeting should be held to get the opinions of the women in Butte County. Chairman Winston asked if it was possible for interested women's groups in Butte County of different views to get together and discuss the issues. Ms. Weir stated that she thought the Commission on Status of Women would be happy to do this. Ms. Weir stated that the board of directors were concerned with the fact that the Profamily Goalitien had only a post office box and the board of directors was not made public information. Ms. Weir stated that most of the women who attended the conference paid their own way. Ms. Weir stated that any complaints from women could have been channeled through the best established network on the status of women. Supervisor Richter stated that it looks as if the selection process for the delegates was not very good. 4. Jolene Blake. Ms. Blake stated that she was requesting the board pass the resolution as put forth. Page 183, January 17, 1978 January 17, 1978 5. Charlotte Nationo Ms. Nation stated that the only reason that women came before the board was the fact that they were not notified or given information on the conference. There were no delegates voicing Butte County's opinions. 6, Sandra Riccobuanoo Ms. Riccobuano stated that the main issue was that there was no representation. Hearing closed to the public and confined to the board. The Administrative Officer to draft a letter to the President, Congressman Johnson, Senator Hayakawa, Senator Cranston and "state representatives questioning the federal government funding a convention that is political and questioning the lack of notice given to representatives of women's groups and the thoughts of the proposed resolution and bring back to the board next week, January 24, 1978. RECESS: 11:38 aom. RECONVENE: 11:40 a.m. 78-130 APPEARANCE: JAMES HANSON. OROVILLE Mr<~Hanson showed the board stones that he toak out of the ground rin Butte County. Mr. Hanson stated that Butte County is probably ore of the richest mining areas. The silver shows deptho 78-131 APPEARANCE: DAN HUTFLESS. CHICO Mr. Hutfless stated that he is involved in MCPA drift problems. Mr. Hutfless stated that he was wondering if Mro Bandy was going to make a public statement on the problem in the DurhamaDayton area. Chairman Winston stated that there is going to be an intensive study done during the time of the application of the chemicals involving county and state personnel. Chairman Winston stated that the proposals are to be written and a copy sent to Mr. Hutfless. The statement is to be forthc omi:ng . 78-132 APPEARANCE: STANLEY FORTIER. CHICO Mr. Fortier stated that he went out to get a permit from the c ounty and found aut that he was in an area that the Agriculture Commissioner deemed hazardous. Mr. Fortier stated that he did not like the idea of three rice growers that were pro ,MCPA investigating his problem with MCPA, 78-133 APPEARANCE: MICHAEL PIERCE, SWEDES FIAT ROAD Mr. Pierce stated that the county was not willing to provide additional funds for repairs on Swedes Flat Road. Mr. Pierce stated that the county should bring the iroad up to a:~passab,le- condition. Mr. Pierce stated that a road grader had worked on the road and had gxaded off part of the road filling the bar ditches. Mr. Pierce presented the board with a letter regarding the requests for improvements on the road. The matter is referred to Public Works for a report back. 78-134 PUBLTC HEARING DATE SET: REHEARING OF CORRINE RUTH WALDROOP REZONE FROM "SR-1" (SUBURBAN RESIDENTIAL, 1-ACRE PARCELS) TO "S-R" (SUBURBAN RESTDENTIAL, 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 Cal Bachman stated that he would like the board to rehear the Corinne Ruth Waldroop rezoile;:r~atter that was considered by the Page 184, January 17, 1975 January 17, 1978 board on January 3, 1978. There was a letter on file asking for a continuance to January 10, 1978. Mr. Bachman stated that he feels that it was unjust that he was unable to present Mrs. Waldroops views. Mr. Bachman stated that he was request~g-that the board reopen the hearing. Chairman Winston stated that the board felt that the hearing should be held and the continuance denied as there were 25 or 30 people in the audience to speak to the subject. Mr. Bachman stated that the hearings had been opened in the past and the people in attendance were allowed to speako The board then continued the hearing. Supervisor Richter. stated that Mrs. Bachman was told that she could have the continuance. On that basis, the hearing should be continued. Supervisor Richter stated that no one should be told that a hearing will be continued. That is a board decision to make. On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the Corinne Ruth Waldroog rezone will be reheard with the appropriate notifications to all parties and legal notice gublished in the newspaper with the cost to be absorbed. The hearing was set for February 7, 1978 at 10:00 a.m. 78-135 COMNfITTEE APPOINTMENTS FOR 1978 CALENDAR 'YEAR The following supervisors were appointed to the following boards and committees: Mental Health Advisorv Board Supervisor Richter Solid Waste Review Committee Supervisor Madigan Supervisor Richter Air Pollution Coordinahioe Council Supervisor Moseley Sacramento Vallev-Ar~-Basn.,Cpordinating-Council Supervisor Moseley Intro-County Coordination Committee for the Intergovernmental Board on EDP Supervisor Madigan Grand Jury Audit Committee Supervisor Lemke Supervisor Moseley Data Processine Sriw~'~-Coa~ittee Supervisor Madigan Supervisor Winston Emer~ency Medical Services Steering,~~Committee Supervisor Moseley ~~~~ Superior California Water Committee Supervisor Madigan Page 185a January 17, 1978 January 17, 1978 Health Manpower Planning Council ^ Supervisor Moseley Chico Airport Cort~ittee Supervisor Madigan Supervisor Richter Central Va11e Flood Control Association Supervisor Madigan Chico Sewer Facilities Supervisor Madigan Supervisor Richter Northern California Emergency Medical. Care Council Supervisor Winston Supervisor Moseley, alternate Committee California Council on Criminal Justice Supervisor Madigan Comprehensive Health Planning Council Supervisor Moseley LAFCO Supervisor Madigan Supervisor Richter Supervisor Lemke, alternate Northern California Emergency Service Technical Advisory Supervisor Winston Butte Countv Council for Senior Citizens Supervisor Madigan Civil Disaster Council Supervisor Lemke Supervisor Winston Economic Opportunity Council Supervisor Moseley Supervisor Richter, alternate Fish and Game Commission Supervisor Winston Historical Advisory Committee Supervisor Moseley Law Library Trustees Supervisor Madigan Manpower Planning Council Supervisor Lemke Supervisor Richter, alternate Manpower Youth Council Supervisor Lemke Supervisor Richter, alternate Page 1860 January 17, 1978 January 17, 1978 Durham Memorial Hall Committee Supervisor Richter Chico Memorial Hall Committee Supervisor Madigan Supervisor Richter B1QQS Memorial Hall Committee Supervisor Moseley Gridley Memorial Hall Committee Supervisor Moseley Oroville Memorial Hall Committee Supervisor Winston Paradise Memorial Hall Committee Supervisor Lemke 78-136 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Winston stated that the Administrative Officer had written a memo on January 12, 1978 relating to cut backs in appropriationso The Administrative Officer was instructed to write a letter to Congressman Johnson. Supervisor Winston stated that the board should start to consider the drainways in Chico. Tice Administrative Officer to instruct Public Works to make a suggestion of area by area drainways in Chico. Supervisor Moseley stated that Butte County has been declared a non-attainment district by the Air Pollution Control Board. Supervisor Moseley stated that she attended a meeting with staff on the Sacramento Air Sasin Coordinating Council and a report will be coming to the board. Supervisor Moseley stated that Joe Bandy, agricultural commissioner, had requested that the board authorize two letters. The matter to be brought back to the board on January 24, 1978, Supervisor Lemke stated that he talked with Clay Castleberry, public works director, regarding the appeal on AP 54-142-21. Mr, Castleberry has agreed to the 25-foot right-of-way, The matter is continued to January 24, 1978 for Counsel to get together with Public Works. Supervisor Lemke stated that there will be a tax reform seminar on February 23 and 24, 1978 at the Senator Hotel in Sacramento. Supervisor Richter stated that he was concerned with CSAC taking an opposition position on the 3arvis amendment, The League of Cities and CSAC came out opposing the amendment. Supervisor Madigan stated that the CSAC Board of Directors will be meeting on Thursday to consider the Jarvis amendment. The recommendation is to oppose the amendment, Supervisor Richter stated that the county should take a stand on this after public hearings are held. This should be an agenda item. Supervisor Richter stated that he would like to see a discussion on the amendment. Clif Nickelson, administrative officer, stated that if the Jarvis amendment passes a new budget will have to be prepared. Mr. Michelson asked for board determination as to whether two budgets should be prepared, Page 187. January 17,.1978 January 17, 1978 It was felt that~Mr.^Mickelson should prepare the budget as has been done in the past. Chairman Winston and Mr. Mickelson to get together and arrange a time and place for evening meetings in Chico and Oroville, Supervisor Madigan stated that he had attended a meeting with the State Department of Water Resources people regarding the Chico East Side Canal east of Highway 99. Supervisor Madigan stated that the state is looking at a different area after the meeting. If the canal is ever built it will be in an area of better benefit. 78-137 ADOPT RESOLUTION 78-9: RESOLUTION DELEGATING AUTHORITY TO TREASURER TO INVEST OR REINVEST COUNTY FUNDS OR TO SELL OR EXCHANGE SECURITIES PURCHASED BY INVESTMENT AND TO DEPOSIT IN TRUST COMPANIES OR BANKS THE EVIDENCES OF INDEBTEDNESS IN WHICH THE FUNDS OF THE COUNTY HAVE BEEN INVESTED On motion~f Supervisor Moseley, seconded by Supervisor Richter and unanimously carried, Resolution 78-9 delegating authority to Treasurer to invest or reinvest county funds or to sell or exchange securities purchased by investment and to deposit in trust companies or banks the evidence o£ indebtedness in which the funds o£ the county have been invested was adopted and the Chairman authorized to sign. 78138 REPORT BY COUNTY COUNSEL RE: REPUBLICATION ON BUTTE CREEK ESTATES SUBDIVISION USE PERMIT Dan Blackstock, countgycounsel, stated that it would be perfectly okaygwith the amendment to the advertisement being published. EXECUTIVE SESSION: The board recessed at 12:42 p.m. to hold an executive >session regarding litigation. RECONVENE: The board reconvened at 12:50 p.m. following an executive session regarding two litigation matters. Future information will be furnished at the public hearing next week. ADJOURNMENT There being nothing furthe before th board at th's time, the meeting was adjourned at 12;52 p.m. o reconv n on Tuesday, anuary 4, 1977 at 9:00 a.m. I ~h ATTEST: CLARK A. NELSON, COUNTY CLARK 1 \ ~/ ~/ \ l ~1 'AYIW\ 1 By Chairman, Board~Super sors Page 188. January 17, 1978