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M011877
~ n January 18, 1977 STATE OP CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met •at 9;00 a.m. pursuant to adjournment. Present: Supervisors Lemke, Madigan, Moseley, Winston and Chairman Richter. Clif Mickelson, Administrative OFFieer, Dan Blacksfock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Clerk of the Board. Pledge of allegiance fo the Flag of the United States of America Invocation given by Supervisor Lemke 77 -97 APPROVAL Of MINUTES On motion o pervisor Winston, seconded by Supervisor Lemke and unanimously Harried, the minutes of January II, 1977 were approved as mailed, with the change to Item 77-92, Page 409 to state that the coordinator has the aulhortty to make a recommendation fora negative declaration. 77-98 COMMUNICATIONS e ma Ha Quatt, ico. Mrs. Quasi requests chat consideration be given to extending 7/d , bC~ the Chieo Clipper Service for the evening hours and on weekends. Refer to Public Works. Jan B. Rothe, Chico. Mrs. Rothe writes in opposition to fhe effort to restrue#ure ', ~ !~-~ the Planning Commission. Information. Hold until later in the meeting for discussion of this matter. June R. Bameson, Chico. Mrs. Bomeson urges the retention of the present structure ~ of•the Planning Commission. To be held until discussion of this matter. r3.Q . Durham Grange No. 460. The ~ronge writes in opposition to test drilling of wells y~~ ~ v and the drilling of deep wells for the purpose of shipping water outside of Butte County. Information. T. A. and Sharon L. Utzig, Fair Oaks, The Utzigs request that their property remain ~ 3 0 ~ outside of the proposed timber preservation zone. Refer to Planning Department for consideration. Richard P. and Paula R. Kelso. The'!?;elsos osk that their property located on ~ / 3 ~ p Mt. Ida Road, which Ys currently under "AR"zoning, be excluded from the proposed ARS-I zoning proposal, Bold until hearing at1;30 p.m. Aero Union Corporotion, Chico. The Corporation writes in opposition to the Don 3 ,O d Hayes et al rezoning in Chieo. Referred to Planning Commission. John W. Hamby, Paradise. The Surveyors, on behalf of Jeanette Aldrich, appeal the Advisory Agency's denial of a tentative parcel map for b ~ AP 24-1170, based upon incompatible fond use in the surrounding area f !'3 ' and entrance upon a secondary arterial road. Set for hearing on February 8, 1977 at 9:30 a.m. Page 410. January IB, 1977 ~ ~. ___________====~larurar~IStl47l_=_____________ Alberta Peterson, Nbnrovia. Mrs. Peterson writes concerning the clouded . ~' title on one of her parcels, AP 5$-24-76; which is on both sides of (;5 `~G Coutolenc Ib~ad. Referred to County Counsel. The paradise Street Name Coordinating Committee. The Committee writes conoeming establishment of eveningpublic hearings in Paradise area in order to t f~'d • ~~ implement street name changes in the community. Set for hearing on February 15, 1977 at 8;00 p.m. to be held at Paradise Memorial Hall. Ray and Joanne Skeen et al, Chico. The Skeens write concerning the existence ~0 ~~~ a of a cyclone fence on Humbug Road. See discussion following communications. Gridley-Biggs Cemetery District. The District advises that Mr. S. 5. Hinaman, Jr. has Tendered his resignation frorn the Cemetery District Board and has '; ~ ~ 0 • s ~ requested that Mr. Lowell P. King be considered as replacement to fill the remainder of Mr. Hinaman's term, Administrative OfFicer to advertise the opening on this Board for !0 days. Underwri#ers Adjusting Company. The Company sends notification that the limits of insurance of Baldwin Contracting Company will not cover the amounts of :46.2.7 the demands concerning the claim filed by Paul Kinneyy and Linda Ellis ~ with regard to Baldwin Contracting Company. They suggest additional legal defense be sought on behalf of the County. Referred to County Counse I . Petition from Mr. R. G. Taft. Mr. Taft submits a petition to waive the penalty interest on the first installment of property tax because the letter enclosing f / Z • ~ ~ the payment stub and check was misplaced at the Post Office. Read and discussed. Referred to County Counsel. Eight letters have been received suggesting that the Planning Commission configuration remain the same so that the cities representation will still exist. Hold until discussion of this matter. City of Chico. The City asks that City representation remain the same on the ' Planning Commission and that if the Board still feels strongly on following ~ ~!7a,0 ~ through with removing the City`s representation that the decision be delayed until such time as Board members can meet with all of the cities. To be discussed later in the meeting. Wayne Q. Turner. Mr. Turner writes indicating that a Planning Commission without ~ I', 3. 0 rJ City input would better reflect the interest of the County. To be discussed later in the meeting. Richard Nickerson. Mr. Nickerson writes on behalf of his sister and brother asking f ~ ~i• 0 ~ to be excluded from the rezoning of territory that is before the Board as the William Hansel, et al, rezone. To be held until Inter at the hearing. Mrs. Gordon Rhodes. Mrs. Rhodes asks for more information, specifically how the d ~ prapased Timber preserve zoning will affect them as property owners. ~ ~ ~ ' (AP 61-02-05) Referred to Planning Department. Joseph & Florence Hennessy. The Hennessy's do net understand the TP-I60zoning ~ ~ 3.d d and ask that the Board of Supervisors vote "No ", Hold until hearing set for January 25, 1977. Rolland Vandergrift. Mr. Vandergrift asks that another of his parcels, Ap 65-10-006, ' ~ be included in the TP zone along with three of the other parcels. Copy to ~ ~ ~•a be sent to Planning Commission and a copy of Assessor, with a request that he consider #his request. t~lorm Sovereign. Appeal concerning the Planning Commission decision to deny their d D application For a come rcial use permit on the southwest comer of Skyway and Montna, Set for hearing on February 15, 1477 at 9:30 p.m. ~ ~ Page dI E . January 18, 1977 ~ ~, Brian L. Rix, Judge, Paradise Justice Court. Request that the Board make no allocation of space of County Building until he explores the needs ~,~'6Q of the Justice Court. To be discussed later in the meeting. ~7-99 APPEARANCE BY HARRY M. MARSH, ATTORNEY AT LAW, IN DEFENSE OF -STATEMENTS MADE •GtEGARDING VIOLATION OF BROWN ACT Carman Ric ter state tat ast wee a statement a en made that he had violated the Brown Act. He Pelf that the charge was of such a magnitude that he requested hts attomeytoto respond to the statement to clear the air. Harry M. Marsh, attorney at law, stated he felt there had been no violation. Set out his response to the allegations. He referred the Board members to the Attorney General's 1976 publication on Secret Msetin~s ,~,aw which is an analysis of the Brown Act. Mr. Marsh set out his response to the statements made at the last Board meeting. Supervisor Winston spoke in rebuttal to the statements made by Chairman Richter and Mr. Marsh, stating he was amazed at Mr. Richtef in seeking the help of an attorney. 77-100 DISCUSSION: EXISTENCE OF A CYCLONE FENCE ON HUMBUG ROAD: RAY & .JOANNE SKEEN, CHICO, AND MR. LEWI5 C airman Ric ter state e a one a of of work investigating the matter set out in the letter from Ray and Joanne Skeen of Chico. He stated that these people had gone to the planning Department and were told by an employee that the fence was illegal for many reasons. Reasons set out why the matter had not been handled at planning Department. Chairman Richter set out the facts of his ', investigation. Chairman Richter felt the Administrative Officer should meet with the Planning Director and discuss the statements made by his employees. ', Mr. Dallas Lewis, owner of the property on which the fence was constructed, spoke concerning the allegations. Background leading up to the building of the fence set out. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the matter of. fence on Humbug lead on Lewis property was n:Ferred to Administrative Officer to confer with plannig~ Director. 77-101 MATTE RS p RE SE NTED BY BO A Rb MEMBERS Superv sor inston comments on t memos dared December 29, 1976 and January 6, 1977 from Alva Mitchell to Mr. Mickelson. He requested that Mr. Mickelson arrange to hove Mr. Mitchell appear before the Board. Mr. Mickelson will set up the time on an agenda of an early date. Supervisor Moseley asked Mr. Castleberry if he had been able to go down and go over the back Gridley-Biggs Highway. Mr. Castleberry stated he felt they would be able to solve the problem on that highway. Supervisor Madigan stated he a;'dJ talked to Reg Watson of CSAC ~ about the funding of AB 312. i'he pres~tl9e 4f2~s set far hearing. January IB, 14T! ~ r""? v co..~~=eeoaos~~~ I1?~ l~=aooan~~==--=a.-=~ Supervisor Lemke stated ho had two letters, one from Aileen Graham about high taxes and the other concerning contract for rental of building from William R. Taylor for use by Health Department in Paradise. 77-102 APPROVE ACCEPTANCE OF GRANT: ENERGY CONSERVATION PROGRAM A Grant awe as en racelve rom Community Servcces Administration in the amount of $29,972 for an Energy Conservation Program (Weatherization) for the period January I, (977 through December 31, 1977. On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, aceeptaneo of grant was approved and the Chairman was authorized to sign. 77-103 APPROVE EQUIPMENT PURCHASES: E.O.C. e A ministering Boar as approved reprogramming of unexpended funds to meet equipment needs. E.O.C. requests authorization to purchase the following equipment: 2 chairs, 3 tape recorder-transcribers with conference pickup, I sofa, and I file cabinet. Total cost of requested equipment, $1,426. On motion of Supervisor Wirs~on;,'$econded by Supervisor Madigan and unanimously carried, equipment purchases as set out above approved. 77-104 APPROVE SALARY ADJUSTMENT OF FOUR TEACHER AIDES: E.O.C. T e A minister ng Boar ' s recommen a tat our posit ons of teacher aide be advanced two steps in the salary schedule. Recommendation approved by Administering board on January 13. Nadine West explained the request for said adjustment. On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, calory adjustment of four teacher aides approved. 77-105 APPROVE PER DIEM RATE FOR TRAVEL REIMBURSEMENT: E.O.C. A Communcty.$ervice min stration instructc'son as en received which authorizes grantees to re imburse employees, consultants and members of governing or administering boards up to c maximum per diem rate not in excess of $35 except when actual subsistence travel expenses are authorized and approved due to unusual circumstances. On motion of Supervisor Winsbn, seconded by Supervisor Madigan and unanimously carried, $35 per diem rate for travel reimbursement was approved. 77-106 APPROVE MILEAGE REIMBURSEMENT : E. O. C. A Community 'Services Administration inst-uctian has been received which allows for an increase in mileage reimbursement for those traveling on E.O.C. business from $0.15 to $0.15. On motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, increase in mileage reimbursement to $0.15 per mile was approved. Page 413. Janvary18,1977 .__.__ ~, ~ 77-107 DISCUSSION OF REORGANIZATION OF THE BUTTE COUNTY PLANNING COMMISS[O N Discussion of reorganization of the Butte County Planning Commission held at this time. Chairman Richter stated that he hoped that repetition in presentations could be avoided. Supervisors Lemke and Moseley were on the Committee ro study this matter. The following recommendat€on was made by the committee: I. Induce County Planning Commission ro five members 2. Each Supervisor to appoint one member from within his district 3. Planning Commissioner's term to run concurrent with the Supervisor's term. 4. Four cities allowed direct input bt Planning Commission meetings from staff table. City representative allowed no vote, nor receive County pay unless authorized by the Board of Supervisors. 5. Raise County Planning Commission renumeration to X30 per meeting. b. Board of Zoning Adjustment 6e comprised of three persons not represented on the Planning Camrriission. Hearing opened to the public. Appearing: I. Gene Sylva, Oroville Mayor, set out his wmments on the reorganization. Letter from Orovi.H~dyity Council dated January 18, 1977 read 6y Mr. Sylva. The City had learned that the Board was thinking of changing the conFiguration of the planning Commiuion. 'the City opposes the changing of the Planning Commission and requests that the Board give serious thought to the matter prior to taking action. 2. Don Blake, representing the Butte Property Owners Association; they support this proposed change. 3. Ed Falkenstein, Paradise. He staled that the~?eople in Paradise would like ro see better representation iFar the Paradise area. 4. Mr. Tom Whipple, Chico. He did not think there should be a city appointed member sitting on the Planning Commission, but the Cities should have the right of some in-put into Planning matters. 5. Betty Smith, Vice-Mayor of Chico. She requested that the Board meet with the City i3f Chico to discuss the restructing of the Planning Commission. it would be their hope that discussions could be reropened on an area type Planning Commission. 6. Orrin Stratton, Chico, President of $utte County Taxpayers Association. They have a letter on file supporting the reduction to 5 members on the Planning Commission. He urged the Board to take action to reduce the membership on the Planning Commission at an early date. 7. Earl Lindin, Paradise. Spoke in favor of the restructing of the Planning Commission as set out by the Committee. Page 414. January l8, 1977 ~ ~! -______--__--==.laauor~18s19.ZZ===-=_________..__ B. Mr. Ralph Hedge, Chico. Concurred with the recommendation of the committee. 9. Tom Mc Grady, Chico; urged that the Board keep present ttructure of planning Commission. 10. Cnrl Orrie, Chaco, opposes change in structure of Commission. 1!. Sanford Adams, Chico, urges action ro make changes within Commission. 12. Vine Wheelock; spoke in favor of the change. i3. Bud hkNamore, Paradise, stated that Chairman Richter had contacted the Paradise Board ofRealrors soliciting their support to the proposed changes. The Paradise Board of Raaltors are in favor of a re-evaluation of the composition of the Planning Commission. 14. Dennis Durkin, Chico, spoke conceming action of Chico planning Commission-not clear whether he was intffirvor or opposed. 15. Bob Willis, Forest Ranch area, recommended that there be a change in the stwcwre of the Planning Commission. I6. Lew OI fiver, Chico. rl~dvises the Board to go slowly and hesitate in the making of any modifications to the Planning Commission. 17. John Stutz, Chico. Spoke conceming size of Commission; felt a 5 member Planning Commission could work faster and more efficiently. 18. Edna Brown, Chico, question Supervisor Lemke concerning recommendation. RECI:ss: lo:3a RECONVENED: 10:35 19. Wayne Bums, Durham. Concurred with recommendation for change. 20. Bob Dubose, Chico. Spoke in favor of recommendation for change. 21. Dan Drake, Chico; urged the Board to adopt new plan for change. 22. Vere Pace, Chico, urged adoption of recommendation for change. 23. Norm Williamson, Chico. Did not think Cities should have representation on the planning Commission. 24. Clark Imhoff, Chico; spoke in favor of the change in compostion of Commissic 25. James Hanson, Oroville; spoke in favor of the change. 26. John Weller, Chico. Spoke in Favor of the change. 27. Mrs. Connie Archer, Chico; endorsed the change in structure. 28. A) Appleman; spoke in favor of the restructuring of the department. 29. Ed Hayes, Chico; concurred with the ~ocommendation of the committee. 30. Ted Smith, Chico; concurred with the recommendation of the committee. 31. 13~d Imhoff, Chico; concurred with the recommendation of the committee. 32. Bob Mattox, Chico; concurred with the recommendation of the committee. Page 415. ~ P January 18, 1977 !'` ~--, 33. Elsie Turner, Chico; she asked who makes up the County General Plan;. She was told how it was prepared and adopted. 34. Art Warnecke, Chiao; conaxrsed with the recommendation of committee. 35. Bob Darwater, Chico; concurred with the recommendation of committee. 36. Mrs. Gladys Greer, Chico; concurred with necommendation of committee. 37. bhn Luvaas, Chico, speaking for Friends of Butte County, felt the Board should not be stampeded d~to taking action today. 3$. Frank Brazell, Chico. Spoke in favor of the recommendation of committee. 39. Don Pederson, Oroville; spoke in favor of the recommendation of committee. 40. John Poetker, Paradise; spoke in favor of the recommendation of committee. 41. Gary Kemp, Berry Creek; spoke in favor of the recommendation of committee 42. Mrs. Mary Ellen Mcleen, Chico; concurred with the recommendations. 43. Art Gilman, Durham, cautioned the Board to go slowly in making a determination in this matter. He requested that they give this serious consideration prior to taking action. 44. Jlahn Smale, Chico, recommended that the Board take a great deal of time and give a lot of study fo this matter prior to taking action. Gene Sylva spoke in rebuttal to the statements made by Mr. Stutz about the city appointments fo the Planning Commission being fold how to vote, Hearing closed to the public and wnfined to the Board. Supervisor Winston set out his views relating to said reorganization. He felt that this mornings representation does not represent the entire County. He does not believe that the make up of the Planning Commission makes much difference as long as the County has integrity. He urged that no decision be made today; urged the Chairman to cal) the people from the cities to meet with the Board and discuss the problem. On motion of Supervisor Winston, seconded by 5upervisorAMdigan and unanimously carried, the Chairman was requested to immediately call a meeting, within the next 30 days, or as soon as possible, between representatives of the City Councils, a representative from MAC and representatives of this Board to discuss the problems of mutual concern and that a decision be delayed in the reorganization of the Planning Commission . Clif Mickelson, Administrative Officer, is set up a meeting with the designated representatives for January 26, 27 or 28, 19T! and will let the board known file time and date of said meeting. RECESS: I I :35 RECD NVE NED: 11;38 77-108 PEIBLIC HEARING: EARL, LEAVITT 8. MINTO APPEAL OF ADVISORY AGENCY'S DENIAL OF TENTATNE PARCEL MAP, AP 4d-47-b2, 3 lots, NORTHEAST CORNER OF EATON ROAD 8 ESPLANADE CHICO T e earcng on t 6a r , Leavitt & Minto appeal of Advisory Agency's denial of tentative parcel map, AP 4.4-47-;fib; 3 lots, northeast corner of Eaton Road and Esplanade, Chico was held as continued. Supervisor Winston stated that the memo from Jim Lawson, planning Director was self explanatory. Page 416. January 18, 1977 ~ r ~arc~a CT CC CC r..o Ja~Ca~Q~i C~ ilCC ~L C~C7CCSCCQ 6CL CCiF Nearing opened to lhe.publie. Appearing: 1. Everd McCain, speokin8 for the applicant. Background of the appeal set out. Map was approved by Planning Commission in August, 1476; approval stated that it was in conformance with the Land Use Plan. It is felt by the applicant that they are compatible to single family residential uses. Mr. McCain read petition circulated by property owner across from this development, stating that they are in favor of the office building and the development of this property. The parcel map does conform with the General plan. 2. John Stutz stated that he agreed that the map did conform to the General Plan. Hearing closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, the tentative parcel map, AP 44-47-~i2, ~ lots, northeast corner of Eaton Road and Esplanade, Chico, was approved,subject to the conditions set out below, with the finding that the parcel is consistent with the General Plan, finding that the approval ~vili r-ot gave an ardverse pffett on the environment and that a negative daclaratton has been filed: 1. Verify legal parcel. 2. Provide traversable access, and construct to RS9 LDIII standard. 3. Deed to the County of Butte 40 ft. right-of-way from the centerline of~Eaton Road. 4. Indicate a 55 ft. building setback from the centerline of .Eaton Road. 5. Show all easements of record on the final map. 6, Delineate an area for installation of wells on each parcel to the satisfaction of the Health Dept., and a 100 ft, septic tank free setback from said wells. ' 7. Authorization of adjacent owners whose property will he subject to septic tank free setback area resulting from well location prior to filing of final map. i 8. Obtain an encroachment permit from the County of Butte. 9. Road names and house numbering to be reviewed and approved by the. Dept. of Public Works prior to recordation of final map. A Negative Declaration Regarding Environmental Impact was filed with the County Clerk on August 9, 1976, finding the pxoposal is in confor- mance with the present zoning covering the property. - __- _ - Tl-109 PUBLIC HEARING: N9DIttHJRN VALLEY INDIAN HEALTH, iN6. - APPEAL OF f'LANNiNG COMMI551QN'S bENIAL ~1= USE PERMIT ?O ALLOW DENTAL ANQ MEDICAL CLINIC WITH ADMINISTRATIVE OFFICE ON PROPERTY ZONED "A-2 Ltd. ", SOUTH SIDE OF YUBA AVE. THERMALITO T e pu c ar nA nn t iyprt ern Valley Indian Health, Inc..appeal of ~ ; Planning Commission'd denial of ute ~+ermit k~ allow dental and medical Clinic with administrative office on property toned '"A-21td. ", located on the mouth side of Pagi~ ~tE~'-._ _ _ . January IB, 1977 ~- ~: saanvoo=e.c...y~W,~Y~~iS'~ly L'~o ca Cos-aasososacx Yuba Ave., approx. 100 Ft. west of 7th fit., identified as AP 31-23'7-08 (portion 3, Thennalito, was held as advertised. I'laekground of the appeal set ovt by Jim Lawson, Planning Director, who stated that the Planning Commission had denied said use permit. It is an existing Facility tho# they wish to occupy. The proposal is not in conformity with the General Plan. Hearing opened to the public. Appearing: 1. Darrell Stevens, attorney at law, representing the Northern Valley Indian Health, inc. stated that the clinic would senke~the Indians and the non-Indian residents. Work of unit set out. The existing units ore in two locations and it is felt they could work more eFFiciently in one place of business. Application has been made to the Federal Government for funds. The hours of the clinic would be from 8-5:00 p.m. Justification of the use permit set out by Mr. Stevens. ', 2. Mrs. Clyde Terry, 7th Street. Stated she lives across the street from the proposed facility. Spoke in opposition, stating they were in opposition because of the work-shop constructed across the street from them that keeps the neighborhood in a turmoil. This other man feels he can obtain a commercial license if the use permit is granl+ed to this group. '. 3, James Hanson, Oroville. Spoke in favor of the use permit. 4. Ms. Rash, 7th Street; spoke in favor of the use permit. 5. Tom Walker, 7th Street, across from the facility. Requested the Board ;to consider the denial of this facility. b. Wayne Douglas, yth Street; spoke in opposition to the granting of the use permit. 7. Phyllis Wyman; spoke in favor of the granting of the use permit. 8. Mrs. June Cassillas, 7th Ave., spoke in favor of the use permit. 9. Clyde Terry, 7th•Ave., spoke in opposition. 10. Mrs. Beverly Flamnands, 7th Ave.; spoke in favor of the use permit. Hearing closed to the public and confined to the Board. Mr. fawson stated that this was a a~brr-conforming use at this time. The legal stipulation with:Attarney General does not speak to use permits. Time spent by Board mergbers;difcussing the appeal.; Del $tiemsen, deputy county counsel, stated that each ~ hearing ii a ,new hearing as though] the other hearing had not taken place. If approYeEl, ire would like the findings made regarding the integrety of the elements and;wheth~r it yrould have any adverse afFect on the area. Chairman Richter asked of County Counsel would be able to write a statement justifying the use; ~it is irscorisisi~ent with the General Plan, but it is consistent with the other ejements.~ Y41r: Siemsen stated that sgme type statement could be prepared and attached at C later date. Supervisor Wj~ston .moved to deny the use permit for the Northem Valley Indian Health, Inc. Moftori failed for lack of a second. • Page 418. January SIB, 1977 ~ r'"~ - -- __- --------------===~Janitay%IB,^1977^====_-_- --- On motion of Supervisor Moseley, seconded by Supervisor Madigan and carried, the Board approved the appeal of Northam Valley Indian Health, Inc re the denial of Planning Commission of use permit to allow dental and medical clinic with administrative office on property zoned "A-2 Ltd. ,south aide of Yuba Avenue, approx. 100 ft, west of 7th St., identified as qP 31-237-OB (portion), Thermalito; approved the granting of eha use permit for,wch ~tclin;c, subject to tf~e fotlewing conditions, and with the findings to be,p~pared by County Counsel: 1. Parcel map is required if property is to be purchased or leased, if a parcel map is determined to be necessary by the Advisory Agency. 2. Pu11 improvements along property frontage on Yuba 5t. [curb, gutter ~ sidewalk). 3. Submit site grading and .drainage plans for Public Narks appro- val and install required facilities. • 4. Portion of alley within parking area should be abandoned by County. The applicant must comply with all other applicable state and - local statutes, ordinances, and regulations. AYES• 5u rvisors Lemke, Madigan, se ey an a rmcn-Richter - ~~S:s3~'sor Winston RE~ONVEiL~IEU; F;30 p.m., 77-Ilq •~PSAt~AN~ C$s dA,M~S HANSON~OROVILLE. -- Ptr. Hannon stated that classes is O.S. Goverrnment should be given. Mr. Ranson set out the difference between a republic and a democracy. 77-111 AYYE!lRANCE: ORRIN STRATTON, PRESIDENT BUTTE COUNTY TAXPAYERS ASSOCIATION Mr. Stratton stated that there would be a meeting is Oroville at the 'Municipal Auditorium Saturday, at 7:30 p,m. The Board ie invited to attend the meeting. Mr. Strattoa•explaiaed a proposed constitutional amendment that he would lfke to nee enacted. TI-112 PUBLIC HEARING: LOU LOGUE, ETAL - APPEAL OF ADVISORY AGENCY'S DENIAL OF TENTATIVE PARCEL MAY,,,AP• 55-02-3i, 4 LOTS, SOUTHWEST SIDE OF NEAT, ROAD, NORTH OF ROE ROAD. PARADISE. - The public hearing•on•the Lou Logue, etal appeal of the Advisory Agency~s denial of tentative parcel map, AP 55-02-31, 4 lots, southwest aide of Neal Road, north of Roe Road, Paradise was held at this time. Clay Castleberry, Public Works Director, set nut the background of the appeal. This is withia•the urban area of Paradise and the area does have late of similar size. There is a 5 foot contour. The only problem might be the ' road, Hearing open to the public. Appearing: Gordon Shields. Mr. Shields set out how the parcels would be divided. The•access road runs down the middle of the property. Hearing closed to the public and confined to the Board. Mr. Castleberry staked that this is siRd.Iar to other developments ~ in the Paradise area. [dr. Castleberry stated that the•raad should be brought to Count atandarde.`"-~---_~~.~---~-~---._ _____-_..-... ' Page d19. 1. January l8, 1977 ; ~* ~' F. ~~~~~t L~~+a ra~iczaa~s~sfeacceoe ~ On motion of Bupervieor Lemke, seconded by Supervisor Moseley and ' unanimously carried, the tentative parcel map, AP 5S-OZ-3l., 4 lots, far l,ou Zogue, atal is approved with the findings that it is consistent with ' the General Flan; based upon review of the environmental information this will not have a aigaificaat affect oa the environment; with the condition that the road be put in to County .standards; t$i'h ihewf0luinathg urban area of the land use map of Paradise;based upon review of the land use map; there are other parcels of similar size within the area , the determination being based upon the testimony of the Public Works Director, with the determination that Bince this is•Q four-way split that it is sot precluding any future plamaixxg obaectivesj with the Eollawing coaditians:' Zan!ed A-R Lou Logue, stet, AP 55-02-31, 4 lots, southwest G.P. t-4 du/ac side of Neal Road, north of Rae Road, Paradise. Surveyor: Sohn W. Hamby Pursuant to the requirements of Section 20.3 of the Butte County Code, the; tentative parcel map of the above identified property has been re- viewed by the Butte County Subdivision Committee and the Planning Commission. The proposed parcel map is in conformance with the Butte County General Plan. The Subdivision Committee and the Planning Commission recommend approval of ';the tentative map, sub3ect to the following tonditians: 1. ti 2. 3. 4. 5. 6. 7. 8. 9. 10, A1] Parcels to meet the minimum area requirements for sewage disposal as required by the Ordinance. Provide traversable access, and obtain an encroachment permit. Provide a temporary cul-de-sac. Deed to the County of Butte 30 ft. right-of-way from the centerline of heal Road. Submit drainage plans to the Dept. of Public Works for approval and install required facilities. Indicate a 50 ft. building sEtback from the centerline of Neal Road and the access easement. Provide a 20 ft. radius return at intersection with ~Jeal Road. Provide a road maintenance agreement. Shcw all easements of record on the final map. ACCe55 easements to be reserved in deeds per County nrdinance. it Street names and house numbering .to be reviewed and approved by the ',' Dept. of Public Works prior to recordation of final map. A Negative Declaration Regarding Environmental Impact was filed with the' County Clerk on October 4, 1976, finding the proposal is in conformance with the Butte County General Pian, the zoning covering the property, and the general uses in the surrounding area ~ -_ ......._..._.. Pggn d20. January IE, t9TJ n ~ ac=av=Dose-eoas~"~~~~~I~L~bcsscr,.c~-.~,-~~~~~~c 7%-113 PUBLIC HEARINGS JO$$PH HUGHES - EBCONSIDERATION OF TEtVTATNE PARCEL MAPS AP 24-25-05 & 12 jND AP 8203-l9 & 42, 2 LOTS, SOUTH BIDE OF l.0ilER The public hearing on the reconsideration of the Joseph Hughes tentative parcel map, AF 24-25-05 & 12 and AP 82-03-19 & 22, 2 lots, south side~of Lower Honcut Road, approximately 1/2 mile east o£ Hwy. 70, south of Oroville was held at this time. Clay Castleberry, Public Works Director, set out the background of the tppeniideration. This is located in the field and crop lead use map. Hearing open to the public. Appearings Anne Oliver, Realtor, representing both parties. Ms. Oliver stated that this is presenting a Hardship on•the parties involved. Ms. Oliver stated that the Aahart's want to buy the property involved and this would be for agricultural purposes. Hearing closed to the public and confined to the Board. 1. 2. 3. On motion of Supervisor Moseley, seconded by Supervisor Madigan and unanimously carried, the tentative parcel map, AP 24-25-05 & 12 and AP 82-03-19 & 22, 2 lots, far Joseph Hughes ie approved with the findings that this falls within the exception for agricultural uses and Orchard and Field Crops; it coaforme to other similar uses in the area; it complies with the elements of the General Plan; there was a negative declaration filed aAd there was ao significant impact; this being based on the information which was sent to the Board lnembera; the Attorney General has~been notified ,~_ that action was peadiag on this batter; with_the following conditioass Deed to the County of Butte 30~ft. right-of-way frorc the centerline- of Lower 11oncut Road, along the property frontage of the five-acre parcel. - Show all easements of record en the final map. •*•-'• Street names and house numbering to be reviewed and approved by the.. Dept. of Public Works prior to recordation of final map. ' A Negative Declaration Regarding Environmental Impact was filed with tie County Clerk on August 16, 1976, finding the proposal is in conformance with existing uses on the property and meets Health 4epartment require- men~s , Allreasanabie efforts should be made to protect-Agriculture, not only for; its economic advantages to the County, but, as an important and desirable use of the land which establishes many of t2ze values for urban areas. Agricultural 1'and should be preserved against piecemeal urbanization which would tend to adversely effect the ecanomac potentials of this important segment of the County's base. In providing far urban growth and expansion, the fertile areas should be preserved, wherever possible, to encourage prior use of land that has less Agricultural potential.~T,._______,,,,.•_.._.,.,.,~..--.--~-------~-----•• ~ ~~ Page 421. January 18, 1977 r`• ~, Januar~l8~1977=z~s~~__~~=~~~r~~ C~.S~ ~~. C ~~.. C LL"CCC i' 77-114 PUBLIC HEARiHGS JOHN HASSLSR » itAQtTEST APPROPAL OF HARDSHIP ON TENTATIVE PARCEL 1KAP~~IP 71-01-63, 3 LOTS VEST SIDE ~' ORO-QUINCY SWY• NORTH OP LAKE OROVILLE. The public hearing on John Haseler's•raquest for approval of a hardship on tentative parcel map, AY 71-01-63, 3'lota, west side of Oro-Quincy Hwy. north of Lake Oroville was held at this time. Clap Castleberry ,Public Works Director set out the background of the area. Hesriag open to the public. Appearing: Mike Marlon, representing xtr. Hessler. Mr. Marlon stated that Mr. Hassler is trying to move to the area. Mr. Marlon set out the problems involved in•reiocating to the property at this time. Hearing closed to the public and confined to the Board. On motioa•of Supervisor Wiastoa, seconded by Supervisor Lemke and unanimously carried, the tentative parcel map, AP 71-01+63, 3 lots, for Jahn Hassier was agproved with the findings that there is ao substantial adverse environmental affect] there•is a hardship involved based upon the evidence presented to this Board today; it he contiguous t:ith adjacent parcels; it f.e consistent vith•the Geaeral.I?lan; vith the following conditions: 1. Proof of water. 2, Verify legal access tv Parcel I. 3. Provide traversable access and obtain an encroachment permit far Parcel 2. 4. Provide traversable access for Parcel 1 fT 3. S. Indicate a 55 ft. building setback frnm the centerline of Orn-Quincy Hwy . 6. Show all easements of record on the final map. 7. Access easements to be reserved in deeds per County ordinance. e. I?rovide a road maintenance agreement. 9. Road names and horise numbering to be revie-sed and approved by the riept. aF Public Narks Prior to recordation of final map. 1C. 1?elineate existing right-of-ea ay on the final map. 11. Show a IQD ft. septic tank free setbtcck from Murphy Creek. The Planning Commission on October 7, 1976, under advice of Counsel, far- wzrdsl the above identified application to the Board with "tacit approval". ~;eRative reclar:ttiea Ragardir.~; L•nviror;~an;.al impact was £i led with the County Clerk on :'lugust 23, 1976, findin€ this particular project poses nc s+.zbstantial adverse environmental effects. Page 422. 3ahuary 18, 1977 r^. ~ ~________~_~~~~~';'~1$, 1977=====__=====c==s T7-115 PUBLIC HEARING:' NiLLIAPi B. HANBBI.L, ETAL (CITIZENS" GROUP) - REZONE FROM "A-R" (AGRICULTURAL-1tE91DSNfIAL) TO "AS&-1" (AGRTCULTU'RAL-SUBURBAN-RESIDENTIAL, 1 ACRE LOTS) PROPERTY SOUTH.OF 0$IVE HWY., EAST OF OARVALE AVE., NORTH OF EAST-WEST CENTERLINE OF SEC. 23 & 24, T19N, RItE, AND WEST OF WEST BOUNDARY LINE OF SEC. 18 & 19. T19N. R5E. OROVILL'E. The public hearing~on~th8 Yilliam B. Hansell, etel (citizens' group} rezone from "A-R" (agricultural-residential) to "ASR-1" (agricultural-suburban- residential, 1 acre lots) property south of 011ve Hwy., east of Oakvale Ave., north of east-west centerline of Sec. T8 & ZG, T19N, RAE, end west of west boundary 11ne of Sec. 18 & 19, T19N, RSE, Oroville was held as advertised. Jim Lawson, Piannit:g Director, stated that this is over ten acres and that this rezone is not going from as Interim zoning so the Board cannot act on this matter today. Mr. Lawson sat out the background of the rezone at this time. Hearing open to the public. Appearing: 1. Bill Haneell; acting Chairman•of Che group. Mr. Hassell stated that this has been a three-year process. Mr. Hassell asked the Board if they could put a freeze~on the property until this matter can be heard. Discussion of making an Interim zoning had at this time. 2. H. R. Bell, property owner. Mr. Bell stated that he was is favor of the•razone. 3. Dan $lalck, representing Richard sad Paula Kelso. The Relsoes have seventeen acres that they want to be excluded from the rezone. 4. Joan Lauer, property owner. lls. Lauer stated that she was in favor of the rezone. 5. Larry Simmons, property owner. Mr. Simmons stated that he was concerned with the sewer situation. 6. Rues Giver, property owner. Mr. Givex staked that he would like to have hie property excluded £rom the rezone. 7. William A. Petersen, property owner. Mr. Petersen commented on the sewer lines for the North Burbank Sewer District. • 8. Elton Simmons, property owner. Mr. Simmons stated that this rezoning would destroy the orange grove on•hia property as he ie planning to divide it. Mr. Si~ons•ia opposed to the rezone. 9. Richard Warmack, property owner. Mt. Waxmack stated that he was is favor of the rezone. Hearing closed to the public and confined to the Board. Supervisor tilinston stated that there is a wide divergence of thinking is the area. The people should get together and work out their difference. ~- ..................r.....,..., ...~_.._...,~~.----~---- ---~.,...,..-...._._.._..__._ ,..., -~- Discussion of possible problems in the area had et Chis time. i OnpmvtienroTci$ape=visor ilinstbn, seconded by 6uperviaoz Madigan Interim zoning to "ASR-1" was approved to the i~Filiimn•B. ~ansall: etal ~ matter excluding the.pxoperty in the Oaka that hsa~been approeed tiror a ~ subdiirision. ' _ ppge 423, Y' Motlon withdrawn. January 18,11977 ~ ~'^~ C AtR iC C=C==.~CL"C L-O~~q~Y7a Lr LAC CC6CCCCCC P.000~=C Diseussion•oE the parcels that wish'': to be excluded had at this time. The property to be rezoned is 4,000 acsea. Supervisor Winetan~reinstates his motion. AYES: Supervisors Madigan sad Winston NOES: Supervisors Lemlce, Moseley and Chairman Richter Mo ion fails. The hearing ie continued to March'16, 1977 at 9:00 a.m. RECESS: 2:55 p.m. RECONVENE: 3:OD p.m. 77-116 CONTINUE SECOND READING OF THE CARDROOMS ORDINANCE TO JANUARY 25, 1977 AT 9.30 A.M. The second reading of Che Cardrooms ordinance is continued to January 25, 1977 at 9:30 s.m. 77-117 PUBLIC HEARING: PARADISE RECREATION AND PARR DISTRICT - APPEAL OF PLANNING CCMMISSFON'9 DENIAL OF REZONE FROM "R-1 A&C" (SINGLE-FAMILY RESIDENTIAL, ARTS & CRAFTS) TO•"P-Q" (PUBLIC QUASI-PUBLIC) PROPERTY ON THE WEST, SIDE OF WAGSTAFF RAOD, APPROX. 1000 ET. NORTH OF BILLS ROAD, PARADISE. The public hearing on the Paradise Recreation and Park District appeal of the Planning Commission's denial of rezone'from "R-1 A&C" (single- family residential, arts & craEte) to "P-Q" (public quasi-public} property on the west side of Wagstaff Road, approximately 1000 feet north of Bills Road, Paradise was held ae advertised. Jim Lawson, Planning Director, set out the background of the appeal. This rezone is to be used for additional access to Sills Fark. Hearing open to the public. Appearing: 1. Terry Ashe, Manager of Paradise Rarkeabidn and Park District. Mr. Aahe stated that the Park District wanted to rezone•thie piece~of property so that it would be in conformity with all of the other Park property. This would be for an additional access road to 8111e Park. A barricade could be placed at the•road during the off hours. 2. Ken Chancellor, property owner. Mr. Chancellor stated that he was opposed to the rezoning. 3. Joe Tomay, property owner. Mr. Tomay stated that he was opposed to the rezoning. Hearing closed to the public and confined to the Board. The property can be used ea an access road with the present zoning. Oa motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the appeal of Che Paradise Recreation and Park District to rezone from "R-1'A&C" to "P-Q" ~.s denied based as the evidence ~~ heard today theX she uses requested by the Park District is available in °~ the preaeat zoning. ~' Page 424. Januaryl8~ 1977 r ~, Jonuory_lg, I97%===== CCCS CS C CS=COG.- C ~... .... SS CC CICS CCC=C OCC 77-~Ig PUBLIC $$ARING; GEORGE 0. BARNES, JR. - /~PPSAL OF PLANk1ING COlir1ISSI0N~S DENIAL OF BEZONE FROM "A-R" (AGRICOLI.'f7RAL-RESTDENPLAL3 TO•"C-2" (GENERAL COMMERCIAL) PROPERTY ON TKE 50UTS SIRE OF LONG 8AR ROAD, APRRi1R. ON$ MILE EAST OF CANYON HIGHLANDS DRIVE INTERSECTION. OROVILLE. The public hearing on the George 0. Barnes, Jr. appear of the Planning Comniseian's denial of rezone from "A-8" {agricultural-residential) to "C-2" (general commercial) property on the south aide of Long Sar Road, approximately one mile east of Canyon Highlands Drive intersection, Oroville was held as advertised. Jim Lawson, Planning Director, stated that this rezone ~aauld be to establish a..~otorcycle repair chop. Share is a'letter of hardship from the Department'of Rehabilitation. The 'Vote vas 6-0-3 absent. Searing opera to the publin. Appeerings 1, George Barnes, property owner. Mr. Barnes stated that the repair shop would be in as existing building in 8is back yard. Mr. Barnes eattodttiahat type of repair work would be done. 2. Barbara Shaffer, property owner. Mra. Shaffer stated that she was opposed to the rezone. 3. Blanche Barnes, mother of applicant. Mrc. Barnes stated that she was in favor of the rezone. This would help her son establish his business. 4. Kenneth O'Brien, property owner. Mr. O'Brien stated that he was apposed to the rezone. Hearing closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, the appeal of George 0. Barnes, Jr. for rezone from "A-8" to "C-2" was denied. T7-II9 APPEARANCE: JUDGE.. SAVAGE RE: CIRCUIT COURT JITDGE Judge Savage Stated that there is•new legislation concerning Circuit Court Judges. Judge Savage set out how his•appoiatment as a Circuit Court Judge wauid benefit the County. The Judicial Council needs assurance from the Board that the State will not be charged for any additional costs. Judge Savage is willing to accept the per diem rate provided by the County Code. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously tarried, a letter was authorized to be written tv the Judical Council assuring them that the County will not charge the State for additional costs with the conditien that there is no additional cost to the County; Chairman authorized to sign letter. 77-120 REQUEST FOR WzTHDRAWAL FROM LAND CONSERVATION ACT - EARL AND HELEN PARKER. AND FRANK G. BENNETtG. Dan Blackatock, County Counsel, stated that requests for withdrawal from the Land Conservation Act were no longer exempt from environmental review. Discussion of the procedures for withdrawal from the Laad Conservation Act had ht this time. The matter is continued until Mr. Bandy ~-gricultural Canmriasioner p .-_._s.__ _Y._.._ is resent.~~-._,...~.--.-FcGe~35.......~.---- - -. .__ . -, . JCr1UCfr (8, ;S~ r^r ~. Z@i'T-T.CCCCCC 7CC C'C C~CL C'C ~L'C CL'CC@ ~i` CCCC CCCA"„ 77-121 DISCUSSION: 0}tDI1TANC8 L214G CHAPTER 13 OF TH8 BUTTE COUNTX CODE SEs BLTRFACE.MINING AND CLAMAlION PLANS. CONTINU~D TO JAIQUARY 25. 1977. Dan Blackstock, County Counsel, stated that the Board has a letter from Neil McCabe making recommendations on the Ordinance repealing Chapter 13 of the Butte County Code. Discussion opened to the public. Appearing: James Hanson, Oroville. Mr. Hanson set out the background of the mining industry at this time. Dan Blackatock, County Counsel. stated that in order for a person to get a mining permit an ordinance has to be adopted. This ordinance will affect the gravel removal. The pure miming should not be affected. Supervisors Lemke and Moseley appointed to get together with Mx. i~aasoa and Covoty Counsel to go over the ordinance and come back with a recommendation next week. 77-122 DENX REQUEST FOR WITHDRAWAL FROM LAND CONSERVATION ACT - EARL AND HELEN PARKER WETHOUT PREJUDICE. Mr. Bandy, k~igricultural Commissioner, stated that the Laad Conservation Committee•voted unanimously that removal of portions of the Earl and Hef.ea Parker property would not meet the requirements of Section 51282 of the Government Code and that it would not be in the public interest. Den Blackatock, County Counsel, set out the notice~of non- renewal clause at this time. Request far pithdrawl open to the public. lppearingt Pat Bramlage, represent~ryg Mr. and Hrs. Parker. MrB. Hramlage stated that this ie a hardship Case~___.____,..,~,_;,~_,,,~,_ _ .,_,._._ ._. .... Discussion of the Williamson Act had at this time. On~motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, the request for withdrawal from the Land Conservation Act of Earl sad Helen Parker is denied without prejudice. The hearing on the request for withdrawal from Frank G. Bennett is continued to January 25, 1977. 77-123 AUTHORIZE'TWO POSITiONS.FAR.THE'PARADISE SUBSTATION TO BE INCLUDED IN eer.env nunnaANr'.F ii1HEl0)MS@NFIi6ENDApD'©R TODAY. Supervisor Lemke•reported to the Board on the studx of police protection is the Yaradiae area that was made by Supervisor Winston and himself. There ie a need for two additional deputies in the Paradise substation. This would cost approximately $20,000 for the rest of the year. Oa motion•of Supervisor E&emke, secondedy•by Supervisor Winston and unanimously carried, the two positions.as•requested for the Paradise Substation is authorized to be added to the Salary Ordinance Amendment oa agenda for today with the #uads to come from the reserve for contingencies. 77-I24 AIVE FIRST READING: SALARY ORDIi@1NCE AMENDrffiV'P On mo~ion•of Supervisor Lemke, seconded by Supervisor Madigan sad unanimously carried, Che•first~reading of the Salary Ordinance Amendment lmF+lemeating several c>taseification sad argaaisatioa• cEtaitgea waa waived. Page 426. January 18, 1977 i"~ r^+ T~- z w e e a e e e a a s ~~' ~~ LDS ~~n n ..- ... ~ e s m ~ a t c c~ ea G 77-125 BATIFY MEMORANDUM OF UNDERSTANDING BETWEEN REPRES~TPATIVES OF THE COUNTY AND BCEA RE: HEALTH INSURANCE DIVIDENDS. On motion of Supervisor Winston, seconded by Supervisor Lemke aad unanimously carried, the memorandum of understanding between representatives of the County and BCEA concerning Health Insurance Dividends was ratified. 77-126 APPROVE CONSTRUCTION OF EQUIPMENT ANA DIRECT AUDITOR TO PREPARE APPROPRIATE BUDGET TRANSFER RE: CONSTRUGTION OF TABLE AND BOOKCASE FOR ASSESSOR'S OFFICE. On motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried the construction of a table to complement a data entry machine, estimated cost $127, aad a bookcase for use during the home owners exemption period, estimated cost $59, is approved and the Auditor directed to prepare appropriate budget t:ansfer;jwith the Administrative Officer authorized to handle this type matter in the future. ',' 7l'-127 AUTHORIZE ADMINISTRATIVE OFFICER TO PROCEED TO ACQUIRE PROPERTY AT 2435 "D" STREET OROVILLE AND DETERMINE THE AMOUNT OF "JUST COMPENSATION". On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the Administrative Officer is authorized to proceed to acquire property located at 2435 "D" Street, Oroville and determine the ', amount of "just compensation". 77-128 DISCUSSION: ALLOCATION OF SPACE AT PARADISE COUNTY BUILDING DUE TO ACATING OF PREMISES HY PARADISE LIBRARY. Judge Rix, Paradise Justice Court, has written to the Board asking that the matter be continued as he does not agree with the allocation of space ea proposed. Discussion of the possibility of adding on to the building had at this time. The Administrative Officer is to bring this matter back to the Board. 77-129 APPROVE AlTdHORIZATION TO CO2~AD~ICE NEGOTIATIONS FOR THE PURCHASE OF REAL PROPERTY AT 479 PARK AVENUE, CHICO FOR AN AMOUNT NOT TO EXCEID $70,000 FOA GHICO SHERIFF'S SUBSTATION. On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, authorization to commence•negotiationa for the purehese•of real propexty at 479 Park Avenue, Chico for an amount not Co exceed $70,000. 77-i30 A~PRIDVE PAYMENT TO ERNST & ERNST. FOR .$2,500 FOR STUDY RE: DATA PROCESSING AND APPOINT CON~iITTEE TO STUDY DATA PROCESSING. Clif Mickelsan, Admisistrative•Officer, stated that he•would like to have the Board suthori,zed the Administrative Officex fio s~.t dawn with Srnat & Rrnat to bring bard a proposal for study of the Data Yroceeaing __ Department. ~.Y_ Supervieor"1~tadigaa stated that possibly the people vhe are involved is data praceeail4g eystema within the different gover:msant levels might be able to have a look at the problems. This is•a State organization. Supervisor Madigan and Winston are appointed to a committee to meet with the Grand Jury aad the Adminiatrative•Officer to came back to the Board with a•recommendation ae to what tggesefofc8taton needs to be taken. On.motioa of Supervisor Winston, seconded by Supervisor Madigan and unapcs~oualy carried, payment 3.n the amount of $2,500 to Esast & Ernst ~; for epaaiel study regarding data praceasiug vas authorized. ~ - ~ Page 427. - - • --- --- • -- - -- January 18, 1477 ~,/ r`~ n ~anuar~y !8, 1977 T/'-131 AUTHORIZB STITDY OF 3WffitILB HALL RE:. 50LICITING OTHER S FDR vranar,mmm~ ns+ ,Tnrcu'rTVS nn'RL-ACEMEN~.Qf~OZiihI~Y~.fUV~N6~~~THER0O0NTIES Clif Nickelson, Administration Officer, reported on the costs of outside juveniles in Butte County ,]uv~nd:le Hall. Discussion of reduced amount of juveniles in the hall as a result of AB•3121 had at this time. Chairman Richter stated that possibl:~ it would be cheaper for the County to send their juveniles outside Butte County. Possibly this would be•a•better way to go. If the County were to go to a Probation Placement Officer, then the census in the hall might be•evan lower. On .motion of Supervisor Madd.~els, seconded by Supervisor Moseley and unanimously carried, the Administrative Officer ie to look at the thmi.agtgfn$tiues for placement of juveniles, soliciting other counties, or sending aut•juveniles to other counties. 77-132 ADOPT RESOLUTION 77-4: INCREASING MAXIMUM COURT REPORTERS SALARY TO 22 5 2, Clif Nickelson, Administrative Officer, stated that the Court Reporters hed isot received an increa ~ in wages since 1970. The Court Reporters are no longer allowed to go outside~£or work. The increases would be taken care•of by the filing £aes.f There is legislation that should come about March 29, 1977 which would set the Court Reporters•up as regular employees with across the Board raises. On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, A88~Y HSd@lution 77-4, increasing maximum salary of CourC Reporters to $22,592, plus $25 per month for office supply expenses, and increase court reporter filing feea•from $12 to $18 in order to cover costs and authorized Chairman to sign. 77-133 APPROVE BUDGET TRANSFERS. On.motioa of Supervisor iTinstoa, seconded by supervisor liadigan and :manimovsly aerried~ the following budget transfers sera approved: 8-53 Building & Grt+unds ?faintenanee. Transfers $2,000 from fixed•asserts = structures within the Sheriff incarceration budget to major maintenance within the building and grounds budget and transfers $2,000 from A-8z costs transferred within the Building and Grounds Department to A-87 costs received within the Sheriff incarceration budget. This is a transfer expenditure appropriation for installation of showers in the•juvenile section of the 3ai1 to the Building and Grounds Maintenance budget and is charged back to the Jail budget through the A-87 Cost allocation procedure. . ~r BB=54 Administration. Transfers $65 from salaries end wages to equipment which would facilitate Board authorization in the purchase of a typewriter stand for a new typist-clerk and would also provide an appropriation to allow the purchase of the equipment. B_55 GFiiley Justice Court. Transfers $50 .from jury and witness expense to membership in order to provide an appropriation for the newly elected judge to secure membership in the California Judge's.Asaociation. _ _,__..- l3iscuaeioa~o# 8-52 ~tblic ~tor9cs « ~gpaciel. traaaportation . budget transfer had at this 'time. ~ :~ .... Page 428. ~ .. I • January 18, 1977 • Clay Castleberry, Public Works Director, stated that he would 13gbeCowmaEtTion Ehiskm8tter. Mr. Sruechke,•aa expeif in takieg polls, has submitted some al'teraative questions to the committee in Ghica. There is a concern that if the right answers are not asked then the goal would not be effective. Mr. Castleberry stated that we should sak the Chico Transportation Com~ittee to consider some•of these queationaLbe~r~, the transfer is made. n-~34• DISCUSSION: CHANGES TO BUTTE COUNTY CODE SECTION 21-70 WHICH .AUTHORIZES CALAMiT REL'IE'F' ~'OR•PROP GE AS A RESULT OF MISFORTUNE'OR CALAMITY. Al ~ndereon, Assessor, stated that new legislation has taken effect which•has caused ehanges~ia out County Cade concerning calamity relief for property damage•as a result of miafortune~or calamity. The local County Ordinance should be in conformity with the new legislation. There is a 6O-day filing period. The applicant moat give:: his opinion•of the value _of the •property•before sad after the calamity. On motion of Supervisor ]dadigan, seconded by 8uparvisor Viaston and unanimously carried, County Counsel is authorized to bring the County • Ordinance regarding calamity relief into conformity with the new legislation. 77-135 ACCEPT ACCESS ON ~PONDffitOBA, YAY• A~ #~k5. FEET ON ERISTIHG PARCELS BUT A_ DDITIDNAL DIVISIONS i~TILL RE4IJERL 60 FC,Ff:' ACCESS • Clay Castleberry, Pu61ic Works Mrectnr, set out the background of the~requeat that a 43-65 foot access be~considered adequate for Ponderosa Way off Nimshew Rnad. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried,•a 43-45 foot access on Ponderosa Way off Nimshew Road is adeguete for 6uildiag permits on existing parcels but that additional divisiaae•require•the 60 foot access. n-i 36 7 - T•ASSF.N , On motioa•of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, Contract Change Order No. 1, lessen Avenue Assessment District, is the increasing amount of $28,280.20 was approved and Chairman authorized to sign. 77-137 ~isau&s~amr~EyPaRAamssELa~sRK$~i~.~vr~~LrrY costs Clay Castleberry•reported on the cost of heating the•aew Paradise Library. Possibly it will take•additional insulation or a change in the heating system. Supervisor Lemke stated that P.G. & E. is willing to give the County as energy utilization analysis. 77-I38 APPROVE LETTER TO MRS. ALBERTA PETERSON RE: LOT LINE MODIFICATION ON AP 58-24-37. Oa motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, a letter sasMrapr,Aibdrts Peterson regarding a lot line modi£icatian on AP 58-24-37 was approved and the Chairman authorized to sign. ,~ {~ i i 77-139 ADOPT ORDINANCE 1784: WAIVE SECOND READING: LEGALIZING BINGO IN THE COUNTY. Oa motion of Supervisor Lamlce, seconded by Suuppervisor Winston and uaanimously~car•~J.ed, the second seeding of t$e legalized bingo ordinance ,~._,vas waived; Ordiaaaee _li&4 vas adopted sad the Chairmen authorited_to_aign.. .__ -..Pcge~Z9.r.---- - v Jonuory 18, E977 ~ ~: ==o=a=aaao=.._xJQ cUdr~~SL I7// ~~a.--~cac~=~=~c=c= 77-140 ~,~ FIRSP READINGS QRDINARCS /1MPTID. ING BBA~TER ZO BY ADDING SEC'T'ION 20-171 TECERL~']'0~ RELAT}1tG TO CONTIGUOtFS PARCELS Oa motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, the first reading of the ordiaance~amending Chapter 20 by adding Seetion•20-174 thereto relating to contiguous parcels was waived. 77-141 ADOPT RESOLUTION 77-5: IMPLEMENTING ENVIRONMENTAL REVIEW FEES. On motion of Supervisor Madigan, seconded by~Supervisor Winston and unanimously carried, Resolution 77-5 implementing Environmental Review fees was adogted and the Chairman authorized to sign. 77-142 APPROVE CLAIM: ALFREA URNESS AND MRS. RASA IN Tk1E AMOUNT OF $47.89. 6hgirman Richter stated that he had bean asked to lank into the Claim of Alfred Urness and Mrs. Rash for $47.89 which was•re~ected by the Board an August 3, 1976. Chairman Richter net out the background of the claim at this time. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried the claim of Alfred Urneas and Mre. Rash in the amount of $47.89 was approved. 77-143 APPOINTMbZ~Pr TO MONICIPAL ADVISORY COUNCIL iMAC) FOR PARADISE Supervisor Lemke stated that he would like to recognized Mr. 8ar1 Bailey who was•in the audience £or all of the effort he has put into the Paradise Municipal Advisory Council. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried the following people were appointed to the Paradise Municipal Advisory Cauncil (MACS: M. W. Balkan Lee L, Burnside Robert F. Guth Warren H. Humbert Leonard A. Loyd Richard G.L. Ryan F. Irene Rix ~-I'~ HEARING ON PARADISE STREET NAME CHANGES TO BE HELD AT PARADISE MEMORIAL HALL•ON FEBRUARY I5. 1977 A'~ 8:00 P.M. The &aaring an the Paradise street name changes•wfli be held .. . ' ._._._. oa February ~15, 1977 at Bs00 p.m. is the Paradise Memorial Hall. ', 77-145... ~~ggl7~, ~pS.,p,F, uOTTC~ OF 7NTSNTION TO FILL ~'ACANCIBS ON MENTAL HEAbTH ADVISORY COMMMITTLE On~motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried the notice of intention to fill vacancies on the Mental Health Advisory Committee~wae authorized to be pos`tdd. 77-14G REP08T ON APPOINTZ+~NTS OF BOARD MEMBERS TO VARIOUS CSAC, NCCSA AND COUNTY COMMITTEES. Clif Nickelson, Administrative Officer, set out the different procedures for appointment of Board members to various committees. Supervisor Lemke stated that there would be a C8AC oeeting oa February 2, 3~.~ 4, 1477. Page 430. January IB, 1977 ~'i • Janus 18 1977 C CC~sCC CGC~~ C... ~==~='J~ ~„~-. C C~ CQCCCO Ci'CCC~ 77-147 IUTHORIZE HOWARD CASSAGRANDE, CCCJ,. T0:!PFEPAI{F' 1~ECESSARX PAPERS TO l1PL6MENT 11 95k FOR TWO ADDITIOAAL PROBATION OFFICERS DUP! TO AB 5121. On motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, Howard Cassagrande, CCCJ,•was authorized to prepare the necessary papers to implement $11,®54 far two additional Probation Officers duo to AS 3121. ~'I~ AUTHORIZE PERSONNEL DEPARTMEi+iT TO FILL POSITIONS IN DISTRICT ATTORNEY S OFFICE AND PROBATION OFFICE On motion of Supervisor Winston, seconded by Supervisor Madigan and carried, the fxeeze~on the positions in•the District Attorney and Probation Offices is lifted and the Personnel Department is authorized to fill the positions. AXES: Supervisors Lemke, Madigan, Winston aad Chairman Rtchter. NOES: Supervisor Moseley. 77-I49 AUTHORIZE COUNSEL FOR FORMER SUPERVI30RS McKILLOP AND LARD RE: ZAHND VS BUTTE Dan Blackstock, County Counsel, stated that he had received a request from Supervisors McKillop and Ladd requesting counsel for legal proceedings in the Zahnd ve Butte Matter. Oa•motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried,•legal counsel is authorized for former Supervisors Ladd and McKiilop in the matter of Zahnd vs Butte. EJO;CUTIVE SESSION: The Board recessed st 5:20 p.m. for an executive session regarding litigation. RECONVENE: The Board reconvened at 5:50 p.m. following an executive session on litigation. Nothing to report at this time. ADJOURNMENT: There being nothing further before the Board at this time, the meeting was•adfourned at 5:51 p.m. to reconvene•on Tuesday, January 25, 1977 at 9:00 e.m. ATTEST: CTARK A. NELSON, COUNTY CLERK ~~~ Chairman~of the Hoard By: Board of rvieors Clerk i ~ Page 431. •~~ January IB, i977