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HomeMy WebLinkAboutM013178January 31, 1978 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. C1if Mickelson, administrative officer by Mike Pyeatt, deputy Administrative officer; Dan Black stock, county counsel and Clark A. Nelson, county clerk by Cathy Pitts, deputy clerk, Pledge of Allegiance to the Flag of the United States of America. Invocation by Supervisor Moseley 78-178 APPROVAL OF MINUTES On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, the minutes of January 24, 1978 were approved as mailed, 78-179 COMMUNICATIONS Gary T. Lippincott, Paradise. Mr. Lippincott submits his resignation from the Citizens Advisory Task Force for the Butte County !~ 7J.,p General Plan Housing Element Update. Administration to post. Ron Graves and Associates, Oroville. The Engineer, on behalf of Frank Shipe, withdraw their appeal of conditions on a parcel map which has been scheduled for hearing for January 31. Referred f~ 3•~ ~~ to hearing later in the meeting. Mrs. Delos E, Ford, Oroville. Mrs. Ford appeals the Subdivision Violation Committee condition ~~1 on an application for determination for AP 65-10-21, two lots, west side of Skyway at Morford's Store, -- DeSabla. Communication received asking that appeal be withdrawn. ~f3~2s Norman A. Smith, Chico, Mr. Smith appeals condition ~k10 of a tentative parcel map, AP 47-30-04, four lots south side of Kathy Lane, west of Garner Lane, Chico. Set for hearing February i4, 1978 / ~'~. OS at 9:45 a.m. Geddis, Driscoll and Associates, Oroville. The Engineers, on behalf of Gary Gregerson, appeal condition ~kl on a tentative parcel map, AP 31-211-19, two lots south side of Plumas Avenue, 150 J, ~ o ~ feet west of Seventh Street, Thermalito. Set. for hearing on February 14, 1978 at 10:15 a.m. Eugene E. Jones, Paradise. Mr. Jones files 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 54-20-01-04, Suffolk Jj3,~ ~,,, Lane, Paradise. Hearing set for February 21, 1978 at 10:30 a.m. Raymond 0. Gott, Napa. Mr. Gott files a claim in the amount of $600 as ~ a result of money lost while in the costody of the County of Butte. See motion following communications. ~Qp. 2. Sierra Del Oro Home Ocmers Association, Magalia. The Association requests the waiving of a $125 fee for environmental assessment as part /, 3.o gr of a proposed rezone. See motion following communications. Butte County Association of Governments. The Association sends notifica- tion of an audit to be conducted on nontransit claims in accordance with the local transportation fund (SB-325). Information; no action taken. /00~¢/ Page 204, January 31, 1978 JO 3, o 0 /00.44 l~~~. O O !~¢/iQC7 /na.3z- January 31, 1978 Paradise Chamber of Commerce. The Chamber submits a budget proposal for the establishment of a visitors and convention bureau to promote tourism into Paradise. Administrative Officer to write letter stating the matter will be discussed a't budget time. Paradise Municipal Advisory Council. The Council writes requesting Board support of an optional calling measured service (OCMS) plan for businesses within the Paradise telephone exchange. See motion following communications. Cherokee Water Committee. James W. Linhoff, chairman, requests assistance in providing domestic water as well as water for fire protection within the Cherokee community. Refer to Administrative Office. State Department of Parks and Recreation. The Department writes concerning public recreation facilities at the new Sacramento River crossing on State Route 32. Referred to Public Works and report back. Federal Energy Regulatory Commission. The Commission forwards information concerning the Pacific Gas and Electric Company's application for relicensing of the DeSabla-Centerville Project No. 803 located on the west branch Feather River and Philbrook Canal in Butte County. Information. 78-180 APPROVE PAYMENT OF $600 PLUS COLLECTED BY PROBATION OFFICE SUBJECT TO APPROVAL BY AUDITOR AND DISTRICT ATTORNEY WITH A REPORT BACK TO THE BOARD INCLUDING WHERE THE FUNDS WILL COME FROM Dan Blackstock, county counsel, stated that the money was handed to the Probation Department. Probation did not place this money is a secure place other than a drawer. There is a question of negligence. Chairman Winston stated that the City of Orovilie Police Department made an investigation. It was moved by Supervisor Richter, seconded by Supervisor Moseley that the payment of $600 plus be paid to Mr. Gott in accordance with the court order. Mr. Blackstock stated that the county has $350 and Mr, Gott is demanding payment of the $1,000. Bill Lawrence, auditor, stated that the matter has to be investigated by the District Attorney and Auditor's Offices. The money was in the custody of the County of Butte. Mr. Blackstock stated that this was a third party claim. The board is not talking about relieving liability. This money was part of reimbursement ordered by the court. Supervisor Richter amended his motion to state subject to approval by the Auditor and the District Attorney with a report back to the board including where the money is to come from. Vote on motion: AXES: Supervisors Lemke, Madigan, Moseley, Richter and Chairman Winston. Motion carried. 78-18I TABLE MOTION ON WAIVING OF $125 FEE FOR ENVIRONMENTAL ASSESSMENT AS PART OF A PROPOSED REZONE FOR SIERRA DEL ORO HOME OWNERS ASSOCIATION, MAGALIA UNTIL FEBRUARY 7, 1978 WITH A REPORT FROM SUPERVISORS LEMKE AND RICHTER It was moved by Supervisor Lemke, seconded by Supervisor Richter that the board comply with the tequest to waive $125 fee for the environmental Page 205. January 31, 1978 January 31, 1978 assessment as part of a proposed rezone by'Sierra Del Oro Home Owners Association, Magalia. Discussion of policy for waiving of environmental fees for legitimate citizens groups had at this time. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the motion was tabled until February 7, 1978 with a report back from the committee to study the matter. Chairman Winston appointed Supervisors Lemke and Richter as a committee to meet with appropriate staff and report back to the board. 78°182 SUPPORT PARADISE MUNICIPAL ADVISORY COUNCIL - OPTIONAL CALLING MEASURED SERVICE (OCMS) PLAN FOR BUSINESSES WITHIN THE PARADISE TELEPHONE EXCHANGE Discussion of toll free calls from Paradise to Chico had at this time. Chairman Winston stated. that there should be equity within the county and that Oroville should have the same benefits. Supervisor Lemke stated that Paradise had asked for the service and that the other cities should do the same thing, On motion of Supervisor Richter, seconded by Supervisor Lemke and carried, the request o£ Paradise Municipal Advisory Council for support of the optional calling measured service (OCMS) plan for businesses within the Paradise telephone exchange was approved. AYES: Supervisors Lemke, Madigan, Moseley and Richter. NOES: Chairman Winston. The Administrative Officer to make inquiries of the other cities as to desire for the same type of service, 78-183 AUDITOR DIRECTED TO MAKE PAXMENTS AS DICTATED BY TERMS OF CONTRACT WITH STATE OF CALIFORNIA FOR WATER ENTITLEMENTS: ADMINISTRATIVE OFFICER INSTRUCTED TO PREPARE THROUGH COUNSEL A REFERENDUM TO BE PLACED ON THE JUNE BALLOT - LEVY OF TAX FOR PAYMENT OF WATER ENTITLEMENTS: OPTION AGREEMENT FOR WATER PURCHASE WITH PG&E FOR UP TO 23,500 ACRE FEET OF WATER PER YEAR FOR 40 YEARS SENT TO WATER COMN~TTEE ASKING THEM TO REPORT BACK Chairman Winston stated that he had received a call from a member of the Water Committee who was concerned about the option agreement with PG&E for purchase of water. Thexe were three questions that arised from the call: (1) the question as to the protection of where the water will be used that is obtained by PG&E; (2) the statement by the majority of the committee that PG&E has water through the Almanor Canal; (3} the desire that the entire matter be considered in light of the whole Butte County water needs. It is easier to sell on a year to year basis. Tha committee urged caution, Chairman Winston stated that the committee and the board is not being critical of PG&E. On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the proposed option agreement with PG&E for the purchase of up to 23,500 acre feet of water per year for 40 years was referred to the Water Committee asking them to expeditiously study the agreement a report back to the board hopefully within 30 days. Discussion of looking at an alternative way of making the payments to the State had at this time. Page 206. January 31, 1978 January 31, 1978 Sill Lawrence, auditor, stated that there is a capital cost component due in semi-annual payment of $9,500 and a monthly cost of $409. Mr. Lawrence stated that the county does not have the money to spend on the payments. Since the agreement was first negotiated it was known that it would have to be a vote of the people to create a tax levyo The money in the past has come from the sale of water. Mr. Blackstock stated that the board has the authority to enter into the contract. If the board has the authority to enter into the contract that contract is valid. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously-carried, the Auditor was ordered to make the payments as dictated by terms of the contract: as entered into with the State for water; the Administrative Officer through Counsel was instructed to prepare a referendum for the June ballot placing the matter of a tax levy for payment of the contract with the State., to bring back to the board next week. 78-184 PUBLIC HEARING: MIKE HAZELRIGG - APPEAL CONDITIONS ~k1 AND ~k3 OF TENTATIVE PARCEL MAP, TWO LOTS, AP 51-18-05, WEST SIDE OF CLIFF DRIVE AT THE INTERSECTION OF SUNSET DRIVE, PARADISE The public hearing on the Mike Hazelrigg appeal of conditions ~~l and ~k3 of tentative parcel map, two lots, AP 51-18-05, west side of Cliff Drive and the intersection of Sunset Drive, Paradise was held at this time. Clay Castleberry, public works director, set out the background of the appeal. The proposed ordinance for urban improvements would not have required these conditionso The applicant was willing to provide asphalt walkways. The drainage is over the canyon. 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 Richter and unanimously carried, the board will abide by the Public Works Director's recommendations and waive the concrete curbs, gutters and sidewalks in favor of asphalt dike and pathway; condition ~~3 being waived as it is not necessary. 78-185 PUBLIC HEARING: RICHARD MILLINGTON - APPEAL CONDITIONS ~k4 AND ~~7 ON TENTATIVE PARCEL MAP, AP 24-11-143, FOUR LOTS, LOCATED AT NORTHEAST CORNER OF TOWNSHIP ROAD AND EVANS REIMER ROAD. GRIDLEX The public hearing on the Richard Millington appeal of conditions ~k4 and #7 on tentative parcel map, AP 24-11-143, four lots, located at northeast corner of Township Road and Evans-Reimers Road, Gridley was held at this time. Clay Castleberry, public works director, set out the background of the appeal. Mr. Castleberry stated that the applicant was required to provide a permanent drainage solution for drainage, The property drains on a number of neighbors property. The applicant could get a letter and drainage easement from the neighbor. The other condition is the Fire Department requirement. The Fire Department is in the process of modifying their requirements. Under the new requirements this condition would not he required. Bearing open to the public. Appearing: Merle Henry, representing Mr. Millington. Mr. Henry stated that he Lead an easement for drainage to Drainage District No. 2056. Mr. Castleberry stated that if the applicant was in the district then that was a permanent drainage solution. Mr. Henry stated that his applicant feels that the requirement by the Butte County Fire Department should be waived. Page 2070 January 31, 1978 January 31, 1978 Bearing closed-to the public-and-con~ine~ ~o tie board. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, based on the recommendations of the Public Works Director the appeal was upheld; the Public Works Department to accept the easement for drainage and the fire facility need not be required per Public Works recommendation. EXECUTIVE SESSION: The Board recessed at 9:55 a.m. to hold an executive session regarding meet and confer. RECONVENE: The Board reconvened at 10:02 a.m. following an executive session where a memorandum of understand with the employees groups was held and a future public announcement will be made. 78-186 PUBLIC HEARING: NOTICE OF INTENTION TO PURCHASE REAL PROPERTY DESCRIBED AS A PORTION OF AP 12-096-02, LOCATED ON THE NORTHEAST CORNER OF HIGH STREET AND HUNTOON IN OROVILLE. FOR THE PURPOSE OF A PARKING LOT Mike Pyeatt, deputy administrative officer, stated that the purchase price of the property is $35,000. It will take about $17,500 to grade and pave the property. Discussion of outstanding parking bonds hadtat this time. Mr. Pyeatt stated that the parking lot now being used by the employees has recently changed hands. The county has 30 days from January 30, 1978 to vacate the property. Hearing open to the public. Appearing: James Cook, executive director of BCEA. Mr. Cook stated that he would like the matter continued to next week. Mr. Cook stated that BCEA would like to investigate purchasing the property and leasing it back to the county. Hearing closed to the ~l~c and confined to the board. On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, the notice of intention to purchase real property was continued to February 7, 1978. 78-187 PUBLIC HEARING: FRANK SNIPE - APPEAL THE ADVISORY AGENCY'S CONDITIONS 14, I5 AND 16 ON A TENTATIVE PARCEL MAP, FOUR LOTS, AP 30-123-01, WEST SIDE OF 20TH STREET BETWEEN FEATHER AND GRAND AVENUE. OROVILLE The public hearing on the Frank Shipe appeal of the Advisory Agency's conditions 14, 15 and 16 on a tentative parcel map, four lots, AP 30-123-01, west side of 20th Street between Feather and Grand Avenue, Oroville was held at this time. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the board. The appeal has been withdrawn; no action taken. 78-188 TABLE PROPOSAL FOR GRTDLEY LIBRARY SITE SELECTION CONSULTANT Jo Terry, librarian, set out the background of the Gridley Library site considerations. This is a regional branch and involves more than the City of Gridley. Mrs. Terry stated that she would like to add to the proposal and asked that the contract be approved. This proposal would be for site selection and evaluating the needs of the library. There are three sites under consideration at this time. Mrs. Terry stated that she thought it would be advantggeous to have an outside opinion. Mrs. Terry stated that Supervisor Moseley and Mr. Castleberry concur with her, ,recommendation regarding the proposal. Page 2080 January 31, 1978 January 31, 1978 Mrs. Terry stated that the same people could be retained for the second phase of the project. Mxs. Terry stated that in 1972 the estimate for the Gridley Library was 5,000 square feet. The need would be 7,000 square feet at the present time. The board adopted 5,000 square feet as the size of the bu~slding. Mr. Castleberry stated that the board should authorize termination of the existing contract for design of the library that it appears is not what the county wants. This was for a building on the present county property. Discussion of establishment of a committee had at this time. The city council has appointed a committee to study the sites. Supervisor Richter stated that the county should sestablish a committee that is appointed by the county with ~aomina~ions from the City of Gridley. Mrs. Terry stated that phase two would have to be revised if the board did not approve phase one. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the matter was tabled. 78-189 PUBLIC HEARING: FRANK SNIPE - APPEAL THE ADVISORY AGENCY'S CONDITIONS 14, 15 and 16 ON A TENTATIVE PARCEL MAP, FOUR LOTS, AP 30-123-O1, WEST SIDE OF 20TH STREET BETWEEN FEATHER AND GRAND AVENUES OROVILLE The public hearing on the Frank Shipe appeal of the Advisory Agency's conditions 14, 15 and 16 on a tentative parcel map, four lots, AP 30-123-01, west side of 20th Street between Feather and Grand Avenues, Oroviile was held at this time, Chairman Winston stated that the previous hearing was at 10:07 a.m. instead of 10:15 a.m. This is now the time scheduled for the public hearing. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the board. The appeal has been withdrawn; no action taken. 78-190 PUBLTC HEARING: GERALD V. CURRY - APPEAL THE ADVISORY AGENCY'S CONDITION ~~9 RELATING TO A 5,000 GALLON STORAGE TANK WITH A TWO AND ONE- HALF INCH GATE VALVE FORA TENTATIVE PARCEL MAP, AP 44-01-53, TWO PARCELS, EAST SIDE OF HICKS LANE ACROSS FROM CABALLO WAY CHTCO The public hearing on the Gerald V. Curry appeal of the Advisory Agency's condition ~~9 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, acrass from Caballo Way, Chico was held at this time. Clay Castleberry, public works director, set out the background of the appeal. The new proposed Fire Department requirements would not require the condition. Mr. Castleberry stated that he recommended that the condition be waived. Hearing 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 Lemke and unanimously carried, the appeal was upheld on the recommendation of the Public Works Director. Page 209. January 31, 1978 January 31, 1978 78-191'ADOPT RESOLUTION 78-19: RESOLUTION DESIGNATING BUTTE COUNTY ASSOCIATION OF GOVERNMENTS AS. LEAD AGENCY FOR PURPOSES OF PREPARING IMPLEMENTATION PLAN UNDER TBE CLEAN AIR ACT, 1977 AMENDMENTS Supervisor Richter stated that he attended a committee meeting on Friday with the Agriculture staff, Administration, Counsel and other interested people regarding this matter. Supervisor Richter stated that the county is fortunate to have such dedicated people working in the Agricultural Commissioner's Office. A determination was made by the Air Resources Board that has vast ramifications for the central valley. The State of CaliEofnasa~-h:asa~determisiedithatethe-whcle?~een.tral:.valley has been designated as a non-attainment area. The staff has asked for some kind of justification from the Air Resources Board people regarding the determination. The new determination was made by the Air Resources Board because of the amendments to the Clean Air Act. The federal EPA agency requires that the county set up facilities that are before the board in the form .:of a resolutiono The staff have been unable to get any documentation from the Air Resources Board as to what data was used. Supervisor Richter stated that Butte Gounty has virtually no air pollution and much of the pollution is natural. In order for the county to allow any kind of industry, the county would have to be able to reduce the pollutants that exist in order to make room for additional pollutants. This would be a difficult thing for the county to do. Bob Boehm, deputy county counsel, stated that the EPA will publish notice of intention to make Butte Gounty a non-attainment county. The county has 30 days to consider the notice. Mro Stratton has prepared some tentative comments. It is very important for the county to write an adequate administrative comment. The county may be limited to that record if the matter goes to court, Mr. Boehm stated that he would like authorization to hire an expert in the area to assist the county on the comments on the Federal Register designation. Mr. Boehm requested that the board authorize initial legal action against the state or EPA as necessary, if they follow through with the notice of intent. On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, legal action requested by Counsel was approved with a public statement of intent to sue if the designation by the EPA appears; authorization to hire the expertise that has been asked for in order to prepare for litigation and comments to the designation was approved. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, Resolution 78-19 designating Butte County Association of Governments as lead agency for purposes of preparing implementation plan under the Clean Air Act, 1977 amendments was adopted and the Chairman authorized to sign. Supervisor Richter stated that he had been in contact with Assemblyman Statham. Assembylman Statham is willing to cooperate in any way that he can. 78-192 APPROVE UNEMPLOYMENT INSURANCE COMPENSATION SERVICES CONTRACT AMENDMENT WITH REED ROBERTS ASSOCIATES, INC. SPONSORED BY THE COUNTY SUPERVISORS ASSOCIATION OF CALIFORNIA (C SAC) TO PERMIT COVERAGE OF DEPENDENT DISTRICTS AND SERVICE AREAS UNDER TAE CONTROL OF THE BOARD OF SUPERVISORS On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously caxried, the unemployymment insurance compensation services Page 21U. January 31, 1978 January 31, 1978 contract amendment with Reed Roberts Associates, Inc, sponsored by the County Supervisors Association of California (CSAC) to permit coverage of dependent districts and services areas under the control of the Board of Supervisors was approved. 78-193 AWARA BID On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the bid for the purchase of a two-yard articulated wheel loader in the amount of $35,017.07 was awarded to Milmar Tractor Company. 78-194 APPROVE PURCHASE OF A FIVE DRAWER LEGAL SIZE. FILE CABINET FOR ENVIRON- MENTAL REVIEW DEPARTMENT AND DIRECT AUDITOR TO PREPARE BUDGET TRANSFER On motion of Supervisor Madigan, seconded by Supervisor Winston and unanimously carried, the purchase of a five drawer legal size file cabinet for the Environmental Review Department was approved and the Auditor was directed to prepaxe a budget transfer. 78-195 PUBLIC HEARING: E. M. BURGESS - APPEAL REQUIREMENT OF AN EIR 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 The public hearing on the E. M. Burgess appealing the requirement of an EIR 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 was held as advertised. Earl Nelson, environmental review director, set out the background of the appeal. The original request was for commercial zoning of 18 acres on the Skyyway. Mr. Nelson stated that his office made the determination that an EIR would be required. Mr. Burgess modified his proposal to reduce the size of the rezone to five acres, Mr. Nelson stated that the proposal would be contxary to the general plan designation. Mr. Nelson stated that there are a large number of pine trees on the property. The change in the zoning could change the scenic character of the area. fihere is a problem with traffic safety. The zoning is A-2. Heaxing open to the public. Appearing: Mr, E. M. Burgess. Mr. Burgess stated that fie understood that he did not have to have a zone change to put in a commercial building. The property oxi all sides of his property is commercial. Discussion of requiring an EIR on a down zone when it is more restrictive had at this time. It was moved by Supervisor Zemke, seconded by Supervisor Madigan that Mro Burgess be refunded the $275 fee for the environmental review assuming he is going to withdraw his rezone application, Discussion of explaining the general plan to the applicant when he makes application had at this time. Tt was felt that the applicant should he told about the general plan designation at the time of application. Jim Lawson, planning director, stated that the staff has been instructed to tell the applicant what the general plan designation iso The applicant is told and the plan is explained to them. There is a form that the applicant is required to sign that states that he was advised of the general plan. This is a new procedure. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the motion was tabled until next week, February 7, 1978 at 10:45 a.m. Page 211. January 31, 1978 January 31, 1978 78-196 APPEARANCE: JAMES HANSEN OROVILLE Mr. Hansen stated that it was great that the county was going to the defense of the people regarding the EPA designation on air pollution, Mr. Hansen stated that he would suggest that the hoard proceed with the action before the Federal Register is published. It is very difficult to have anything done after it has been published, Mr. Hansen stated that he would like to have answers to several questions regarding the Consumer Protection Agency. Mr. Hansen stated that he would like to find out how many cases and how many people were paid, How much money was taken in and how much money went into the county coffer? Mr. Hansen stated that he would like to know how many cases went before the court and how much money was returned to the people involved. Chairman Winston stated that Mr. Hansen should put his questions into writing and address them to him and he would get the answers for him. 78-197 APPEARANCE: CHARLES HANCOCK Charles Hancock, foreman of the Grand Jury, stated that the Grand Jury by law is required to examine the salary of elected officials. Mr. Hancock stated that the Board of Supervisors is far below the average salary paid in California. Mr. Hancock stated that the Grand Jury was recommending that the Supervisors pay be increased to $1,184 per month. The figure is based on the $850 per month and the cost of living increases from 1974. 78-198 APPEARANCE: BEVERLY CROSBY Ms. Crosby stated that she was the Chairman of the Special Assignments Committee of the Grand Jury. Ms. Crosby stated that the reasons fox the increase was that the Supervisors responsibilities had been increased. The State average for a Supervisors is $1,215 per month. Gharman~?Wiriston~stated that the board should hold public hearings on the matter. Notices should be given to all organizations in the county with adequate publications in the newspapers and coverage by the press. On motion of Supervisor Lemke, seconded by Supervisor Moseley and carried, the Personnel Director was directed to prepare a salary ordinance increasing the Board of Supervisors pay from j$858 per month to $1,184 per month with the appropriate provisions for cost of living increases included subject to public hearings on the matter in due course. AYES: Supervisors Lemke, Madigan and Chairman Winston. NOES: Supervisors Moseley and Richter. Supervisor Richter stated that he could go along with the public hearings but that the salary ordinance should not be considered at the same time. The hearing was scheduled for February 14, 1978 at 10:30 a.m. Mr. Hancock stated that the Grand Jury was the body that makes the recommendations of the salary changes for elected officials. Mr. Hancock stated that he hoped that the salary ordinance would be adopted. 78-199 APPEARANCE: STANLEY FORTIER Mr. Fortier stated that a number of years ago the University of Washington developed a program to censor the air. There had been a problem of herbicide drift. The State Agricultural Department and Page 212, January 31, 1978 January 31, 1978 the University worked on this problem. An analysis can be made for about $25 for each sample. About 70 samples can be done per day. Mr. Fortier stated that he received the proposals that Mr. Bandy had made. Mr. Fortier stated that there were several parts that he did not particularly like about it. Mr. Fortier stated that Mr. Worth on December 6, 1977 presented several recommendations, to initiate a program of research and supporting the existing program under the direction of the Butte County Agriculture Department. The recommendations were accepted with concurrence of the board. In Mr. Bandy's letter of January 23, 1978, he does not say what they will do to keep drift off. He does not say what they are going to do to monitor it. Mr. Fortier stated that he could not live with the existing program. Mr. Fortier stated that the State of Washington is willing to work with the county but that the county would have to initiate the contact. Mr. Foriier stated that he is asking that the board support this program and acknowledge the research that has been done. Mr. Bandy should be directed to inquire and resume the program. Chairman Winston stated that the board would be willing to ask Mro Bandy through the university people to ask the university people in Washington about the program. 78-200 APPEARANCE: BOB JONES Mr. Jones stated that he would like the board to take a look at the Recorder's officeo Mr. Jones stated that he would like to see the board place on the ballot the proposal that the Recorder and Clerk's offices be combined. Mr. Jones stated that the~.ecorder's salary was $20,388 per year plus I5 to 25 percent fringe bane its which is about $4100. The Recorder's office should remain the responsibility of an elected officials This would be done if the two offices were combined. RECESS: 11:40 a.m. RECONVENE: 11:42 a.m. CHAIRMAN WINSTON ANNOUNCED THAT THE BOARD WOULD BREAK FOR LUNCH AT 12:(10 P.M. AS HE HAD A PREVIOUS ENGAGEMENT, THE TIMBER PRESERVE ZONING HEARING WOULD BE HELD RIGHT AFTER LUNCH AT 1:30 P.M. 78-201 PUBLIC HEARING - CONSIDERATION OF A DRAFT CITIZEN PARTICIPATION PLAN PREPARED BY CONNERLY AND ASSOCIATES FOR THE COMMUNITY BEVELOPMENT PROGRAM The public hearing on consideration of a draft citizen participation plan prepared by Connerly and Associates for the Community Development Program was held as advertised, Larry Brooks, administrative analyst, stated that this is a requirement of the new Housing and Community Development Act of 1977. The plan establishes that a citizens advisory committee will be appointed with. the majority of the people living in the area. Hearing open to the public. Appearing: No oneo Hearing closed to the public and confined to the board. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, adoption of the draft plan prepared by Connerly and Associates as presented by staff was approved. Page 2130 January 31, 1978 January 31, 1978 78-202 PUBLIC HEARING: JOE E. HENEGAR - APPEAL OF DENIED VARIANCE TO ALLOW A PARCEL OF 23,760 SQUARE FEET IN AN "SR-l" (SUBURBAN RESIDENTIAL, 1 ACRE MINIMUM) ZONE FOR PROPERTY LOCATED ON THE EAST SIDE OF CUSSICR AVENUE, (BAY AVENUE) APPROX. 300 FEET SOUTH OF CHURCHILL AVENUE, IDENTIFIED AS AP 42-34-04, CHICO The public hearing on the negative declaration and appeal of denied variance for Joe E. Henegar to allow a parcel of 23,760 square feet in an "SR-1" (suburban residential, 1 acre minimum) zone for property located on the east side of Cussick Avenue, (Bay Avenue) approximately 300 feet south of Churchill Avenue, identified as AP 42-34-04, Chico was held as advertised. Jim Lawson, planning director, set out the background of the appeal. The Board of Zoning Adjustment denied the variance on a vote of 2 to 1. One of the parcels would be less than the one acre required by the zoning. Hearing open to the public. Appearing: Joe Henegar. Mr. Henegar stated that the plat map showed 13 of the 24 parcels on Bay Avenue were less than one acre. In 1970 the SR-l zoning was placed on the property> Since that time 8 parcels have been created. Seven of the eight parcels were less than one acre. Mr. Henegar stated that he has a petiton from 15 of his immediate neighbors stating they are in agreement with the variance. Mr .. Henegar stated that the map has been changed, The 30-foot driveway has been taken out. Supervisor Richter stated that the proper procedure would be for a zone change and not variance. Supervisor Richter stated that ther~is a rezone corm through that Mr, Henegar could attach to. Supe visor Richter stated that he would like to see a remedy.; and yet not violate the law in the process. The variance is not the proper procedure. Chairman Winston stated that a variance can be granted for several reasons, topography, size and shape, The piece of property is 660 feet on Bay and 132 feet deep. There is no problem just to draw a line. Therefore, because of the size and shape isn't he in fact being denied; Chairman Winston stated that the neighbor would be allowed to split his property :ias he has enough frontage. Chairman Winston stated that because of the size and shape he is being denied the same benefits. Del Siemsen, deputy county counsel, stated that on that rational the variance could be granted. Discussion of the rights-of-way on the property had 'at this time. Mr. Siemsen stated that easements have to be excluded from consideration. On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, finding the proposed project could not have a significant effect on the environment, a negative declaration was recommended. Hearing closed to the public and confined to the board, It was moved by Supervisor Richter, seconded by Supervisor Madigan that the appeal be denied. Discussion of the motion had at this time. Chairman Winston stated that he supported the appeal of Mr. Henegar. Supervisor Richter stated that according to the subdivision ordinance you have to deduct the rights-of-wayo - 'Page 214. January 31, 1978 January 31, 1978 Mr.^Lawson stated that perhaps the ordinance should be amended. By the time the easements are deducted there is less property than it appearso Perhaps the zoning ordinance should be amended. Vote taken on the motion: AYES: Supervisors Madigan and Richter NOES: Supervisors Lemke, Moseley and Chairman Win"store. Motion fails. RECESS: 12:15 p.m. RECONVENE: 1:30 p.m. 78-203 ADOPT ORDINANCE 1896: PUBLIC HEARING: TIMBER PRESERVE ZONE - REZONE TO "TP-160" (TIMBER IAND PRESERVE) ZONE PORTIONS OF EASTERN BUTTE COUNTY, CONTAINING 14,630 ACRES OR 22.86 SQUARE MILES, MORE OR LESS The public hearing on the Timber Preserve zone rezone to "TP-160" (timber land preserve) zone portions of eastern Butte County, containing 1/x,630 acres or 22.86 square miles, more or less was held as advertised. Jim Lawson, planning director, set out the background of the TP zoning. This was passed as proposition 18 on November 5, 1974. It revised the taxation of the property. In 1976 the Assessor compiled a list of parcels that were timber land. Those parcels included on List B are to remain unless the. owner can show that it is in the public interest to not be zoned TP zoning. Mr. Lawson gave the background on the bill. Tiearing open to the public. Appearing: 1. Bill Wilson, real estate. Mr, Wilson stated that the TM zoning was the biggest steal of personal property rights. Mr. Wilson questioned whether his taxes would go down if his property was included in the zoning. Mr. Wilson was assured that his property taxes would be decreased. 2. Wesley Chipman, executor of the estate of Charles E. Coupe. Mr. Chipman stated that he would like to have the property excluded from the zoning. The groperty may have to be sold. The property may be sold by the estate or sold by the heirs. The property is in probate at the present time. Discussion of the penalties when requesting to be taken out of the timber preserve zoning had at this time. The penalties are similar to those of the Williamson Act. A procedure will have to be set out to petition for withdrawal from the zoning. The findings the board has to make at the time of withdrawal are much more strict than the findings of exclusion at the time of hearing for inclusion. 0n motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the estate of Charles E. Coupe, AP 73-21-8, was excluded from List B with the findings that it is in the public interest that the size, shape and location of the property and desire of the owners is consistent with the public interest. 3. James Hansen. Mr. Hansen stated that in the compatible uses recommended three acres are designated for mining. When List A was adopted the same subject came up and the three acre maximum was removed. Mr. Hansen stated that the three acre maximum should be excluded from the compatible uses. Page 215. January 31, 1978 January 31, 1978 4a Erol Co~~a~. Mr. Colman stated that he would like to have his property excluded from the zoning. There is an underlying subdivision for nine lots. Mr. Lawson stated that Diamond International has cutting rights on some of Mr. Colman's property, Dan Blackstock, county counsel, stated that it is not in the best interest to include a subdivision in the zoning. 5. Bob Barrett, Diamond International. Mr. Barrett stated that Diamond owns cutting rights on some of the propertyo Mr. Barrett stated that any site I and site II land has to be put in TP zoning. Any land prior to March, 1976 that was timber land was to go on List Ao The land not placed on List A should be placed on List B. Al Anderson, assessor, stated that his office contacted all owners on List B and if they wanted to be taken off then they were. Mr. Anderson stated that he felt that property rights were the first priority and timber rights the second. The position of the State Board of Equalization is that the land owner has the right and timber is second. Mr. Barrett stated that he did not disagree with that statement. Mr. Barrett stated that he disagreed with the fact that site I and site II property was not listed on List A, Thase properties should be included on List B. Mr. Anderson stated that some of the property that was site I and site II had a higher and better use than timber. They were not on the roll as timber land. Mr. Lawson stated that if property is assessed as timber land then it belongs on List A. 6. Charley Moss. Mr. Moss stated that the Planning Commission had taken some individuals off the list. Mr. Moss stated that if the board took those property owners off the list then there would be no need to bother them. On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the following parcels were excluded from TP zoning on the basis that the shape, size and location and desires of the owners is in the public interest: AP 58-03-02, Katherine G. Bolles, etal AP 58-11T0~ & 05, Walter Johnson AP 58-I8-18, Marjorie Beverage AP 59-18-16, Gertrude Kendail AP 61-02-02, Gertrude Moss AP 71-23T07, Ellis R, Anderson AP 56-23-08 & 09, Richard Brown On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, the rezone will include the findings of the Butte County Planning Commission as indicated in their minutes of December 12, 1977 listing the compatible uses as follows: (1) Compatible uses being any use which does not significantly detract from the use of the property for, or inhibit, growing and harvesting timber, and shall include, but not be limited to the following, unless in a specific instance such a use would be contrary to the preceding definition of compatib'Ie use; Page 216. January 31, 1978 January 31, 1978 a. Rousing, one dwelling unit per parcel. b. Management of watershed. co Management for fish and wildlife habitat or hunting and fishing. d. A use integrally related to the growing, harvesting and processing of forest products, including but not limited to roads, log landings, and log storage areas. e. The erection, constructions alteration, or maintenance of gas, electric, water or communication transmission facilities. f, grazing. g. Mining, and any use integrally related theretoo On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the following parcels of Erol and Genevieve Colman were excluded: AP 59-20-4 AP 59-20-9 AP 15-14 AP 60-16-6 AP 60-16-8 7. Donald Bloomstein, Mr, Bloomstein stated that he had one lot that was included on the list. Mre Bloomstein asked if his property taxes would be lower if the property were in the TP zoning? Mr. Bloomstein was informed that he would have a reduction in his taxeso 8. Raxry McKeen. Mr, McKeen asked that his property be included 'ons:~ the list. Mr. McKeen has other property that he will want placed on List C. Mr. McKeen's property is on List B. 9. Clifford Larsen, Mr, Larsen stated that he would like to have his pxoperty excluded from the zoning. Diamond International has the cutting xights to the property. On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, the property of Clifford Larsen, AP 056-22-0-021-0, was excluded from the zoning withe the findings that its in the best interest of the public. Supervisor Winston stated that he had received a call from Clinton and Geraldine Foster asking that their property be excluded from the zoning, On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the Clinton and Geraldine Foster property, AP 58-11-11, was excluded from the zoning with the findings ., that it is in the best interest of the public. RECESS: 2:56 p.m. RECONVENE: 3:05 p.m. Page 217. January 31,-1978 January 31, 1978 T On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, Ordinance 1896 zoning a portion of the county TP-160 with the property being included being on the proposed List B recommended for inclusion by the Planning Commission except for the properties excluded by the board this date, was adopted and the Chairman authorized to sign, Consideration of the additional parcels that Diamond International requested be included on List B continued to February 14, 1978 at 10:45 a.m. 78-204 DISCUSSION: SWEDE'S FLAT ROAD PROBLEM Clay Castleberry, public works director, stated that he had given the board comments on how the county might proceed with the improve- mentso Mr. Castleberry stated that in his association working with the District Attorney that $85,000 has been collected in this area that could be attributable to Swedes Flat Road. The money is not available today. Mr. Castleberry stated that if the money was available then some of that money could be spent for the improvements. The board could consider directing the Subdivision Committee to establish a road deposit for future splits in that area. Perhaps the board should consider additional work through assessment districts. The proper fee for a deposit would be about $750 per parcel or certificate of compliance granted. Chairman Winston stated that he will not support expending public funds for Swedes Flat Road. Supervisor Richter stated that he would support formation of an assessment district and collection of deposits on certificates of compliance and all new divisionso Supervisor Richter stated that he traveled the road on Friday and that there was a recommendation that any improvements would be on one part of the ~..roade Mr. Castleberry stated that culverts were needed. Appearing: 1. Michael Pierce. Mr. Pierce stated that the money collected should be used for improvement of the road. If the money was put into the general fund then the county should pay for the improvements. Time spent discussing the fines collected and where the money went. Supervisor Richter stated that maybe the board would entertain some money percentage that the county might participate in a limited effort of culverts with some negotiated basis of limited county basis. The majority should be paid for out of an assessment district. Mr. Pierce stated that he could go along with negotiating with the county. Mr. Pierce stated that he hoped that funds would not be withheld until an assessment district were formed. Mr, Pierce stated that he would be willing to work towards an assessment district in whatever way he could, Mr, Pierce read a prepared statement on the position of the people in the areae This was filed with the clerk, Chairman Winston appointed Supervisors Lemke and Richter to sit down with the appointed representatives of the area to discuss the problems. Page 218. January 31, 1978 January. 31, 1978 2. Mrs. Yarbourgh. ^Mrs. Xarbourgh asked for clarification on the moratorium. Mrs. Yarbourgh was told that a moratorium had not emplaced on the area at the present time. 3. Steve Xarbourgh. Mr. Yarbourgh asked under what context the moratorium was mentioned. Supervisor Richter stated that the board had received a plea from the spokesman about the great problems of the road. The only logical thing to do was to place a moratorium in the area until the situation was taken care of. 4. Kathy Norsor. Ms. Norsor stated that there could be no mail delivery or passage for emergency vehicles on the roado 78-205 APPROVE CONTRACT CHANGE ORDER IN THE INCREASING AMOUNT OF $3,994 FOR GRADING AND COMPACTING OF DIRT FOR SUPERIOR COURT PARKING LOT On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, contract change order in the increasing amount of $3,994 for grading and compacting of dirt for the Superior Court parking lot was approved. 78-206 APPROVE ADMINISTRATIVE OFFICE ITL~IS. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the following Administrative Office items were a pproved: 1. Approve letter of agreement with the State Department of Water Resources for re-erection of a historic monument from Bidwell Bar and authorized the Chairman to sign. 2. Approved Chico Work Training Center contract providing an additional $14,776.30 to meet the needs of the center, bringing the cumulative allocation to $59,620.30 of the $83,700 in revenue sharing funds allocated to the-Work Training Center and authorized the Chairman to sign. 3. Adopted Resolution 78-20 authorizing the librarian to sign the grant application in the amount of $20,000 under the Public Libraries Services Act to ass~_ in the consolidation of the Chico Public Library with approval of the grant application for the Public libraries services grant was adopted and the Chairman authorized to sign. 78-207 ADOPT RESOLUTION 78-21 RESOLUTION MAKING ADJUSTMENTS TO THE INDIGENT BURIAL SCHEDULE OF FEES TO BECOME EFFECTIVE JANUARX 11, 1978 On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, Resolution 78-21 making adjustments to the indigent burial schedule of fees to become effective January 11, 1978 was adopted and the Chairman authorized to sign. 78-208 ADOPT ORDINANCE 1897: WAIVE SECOND READING ORDINANCE WHICH WILL AMEND CERTAIN SECTIONS OF THE COUNTY CODE GOVERI~TING THE CONTROL OF ANIMALS AS WELL AS FEE SCHEDULES On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the second reading of the ordinance which will amend. certain sections of the County Code governing the control of animals as well as fee schedules was waived; Ordinance 1897 was adopted and the Chairman authorized to sign. ;_ ~t-~~ Page 219. 3anuary 31, 1978 January 31, 1978 75-209 MOTION FAILS: ADOPTION OF RESOLUTION ESTABLISHING THE HUMAN (SOCIAL) SERVICES ADVISORY COMNff SSION It was moved by Supervisor Richter, seconded by Supervisor Lemke that a resolution be adopted establishing the Human (Social) Services Advisory Commission. Discussion of the formation of the committee had at this time. 'This committee would be responsible for reviewing grants that are presented to the board for approval. They would make a recommendation on the grant application. Vote taken on the motion: AYES: Supervisors Lemke and Richter NOES: Supervisors Madigan, Moseley and Chairman Winston Motion fails. 78-210 ADDITIONAL MATTER PRESENTED BY GHEIIRMAN WINSTON Chairman Winston stated that 'the county has been advised that the $198,395 grant to continue the Head Start program was approved on January 30, 1978. 78-211 APPROVE REHANGING OF DOORS ON FARMER BALL, UPGRADING OF GRANDSTANDS, AND MODIFICATION OF BLEACHER RAILING TO BE ACCOMPLISHED ON A DAY LABOR AND MATERIAL BASIS - BUTTE COUNTX FAIR On motion of Supervisor Moseley, seconded by Supervisor Lemke and unanimously carried, the request for the rehanging of doors on Farmer Ha11, upgrading of grandstands, and modification of the bleacher railing to be accomplished on a day labor and material basis for the Butte County Fair was approved. 78-212 APPROVE BUDGET TRANSFERS On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the following budget transfers were approved: B-90 Public Health - County Medical Services. Transfers $9,922,49 from the reserve to support and care of persons to establish an appropriation for billings from hospitals for medically indigent cases which was approved by the board on January 11, 1978: Minute Order 78-111. B-91 Veterans Service Officer. Transfers $100 from equipment maintenance and $250 from recipient travel; with a total of $350 going toward office expense to --coverjthe underestimated cost of postage. B-92 Treasurer-Tax Collector. Transfers $100 from regular salaries and wages to overtime to cover an inadequate budget estimate. B-93 Community Action Pr,,,~,,ram, - 1977 Grant Year. Increases the appropriation for the Rural Senior Service Project for consultant services in an amount of $13,697. The increase appropriation is pursuant to the State of California contract amendment No. 1 which was approved on November 28, 1977. 78-213 APPROVE ADDENDUM ~~!+ - FOX, McFARREN, TARMAN - ADMINISTRATION BUILDING FOR CHANGE TN FEE SCHIDULE BECAUSE OF ADDITION OF SECOND STORY ADDITION On motion of Supervisor Richter, seconded by Supervisor Madigan and Carri.ed~,addendumeNq,..4 on the"4 new' Administration Bailding with Fox, McFarren and Tarman for change in the fee schedule because of the second story addition was approved: AYES: Supervisors Madigan, Moseley, Richter and Chairman Winston. NOES: Supervisor Lemke Page 220. January 31, 1978 January 31, 1978 78-214 AUTHORIZE EXPENDITURE. NOT. TO EXCEED. $1,500 FROM HCD BLOCK GRANT BEMOLITION AND CLEARANCE ACCOUNT TO PROVIDE DUMPSTERS FOR SOUTH OROVILLE CLEAN UP On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the expenditure not to exceed $1500 from HCD block grant demolition and clearance account to provide dumpsters for the South Oroville clean up was approved. 78-215 DISCUSSION: BANK OF AMERICA-:"LEVERAGING" PROPOSAL Chairman Winston stated that the Bank of America "leveraging" proposal had been received. Connerly and Associates have reviewed the proposal and states that it does not do anythinge Mike Pyeatt, deputy administrative officer, stated that the county is not accepting the proposal. 78-216 ACCEPT INTERNAL AUDITS AS FILED BY AUDITOR AS REQUIRED BY THE ANNUAL AUDIT AGREEMENT The Auditor files with the board the internal audits as required by the annual audit agreement. Audits accepted; no action taken. 78-217 APPROVE VARIANCE RENEWAL On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the variance renewal for Mrs. Sidney Braasch to Section 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 27-20-51, P. 0, Box 247, Palermo, zoning A-2, was approved for a period of one year. 78-2i8 UPHOLD REQUEST FOR PENALTY RELIEF -... On motion of Supervisor Richter, seconded by Supervisor Lemke and. unanimously carried, the request for penalty relief from Marion J, Paoli, AP 52-27-4-09, was upheld and the penalties are not to be assessed. 78-219 DENY CLAIM On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the claim for refund of taxes paid by Chester C. and Lula M, Alexander on AP 25-24-18 in the amount of $468.46 was denied, 78-220 APPROVE AGREEMENTS TO PURCHASE TAX DEEDED PROPERTY FROM THE STATE OF CALIFORNIA - FISH AND GAME FOR ~eMINERAL RIGHTS ONLY - AP 21-21-10-2 AND AP 21-21-13-2 On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the agreements to purchase tax deeded property from the State of California, Fish and Game for mineral rights only for AP 21-21-10-2 and AP 21-21-13-2 was approved and the Chairman authorized to sign. 78-221 PUBLIC HEARING DATE SET: CONSIDERATION OF A NEGATIVE DECLARATION FOR A BIKE PATH ON UNDO CHANNEL AT HIGHWAY 99, CHICO A public hearing date of February 21, 1978 at 10:30 a.m. was set for consideration of a negative declaration for a bike path on Lindo Channel at Highway 99, Chico, 78-222 APPROVE PUBLIC WORKS ITEMS On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, the following Public Works items were approved: 1. Approved agreement and grant deed for the sale of surplus property on Palermo Road to Robert Bowman at a price of $750 and authorized the Chairman to sign. 2. Adopted Resolution 78-22 for summary abandonment of a portion o£ Palermo Road no longer needed and authorized the Chairman to sign. Page 221. January 31, 1978 January 31, 1978 3. Adopted Resolution 78-23 for summary abandonment of a portion of Old Oroville-Chico Highway, AP 40-D5-41 and 58 no longer needed and the Chairman authorized to sign. 4. Accepted the work of Perna Tite for reroofing Agriculture Commissioner's Building and Food Stamp-Mental Health Building, BC bid 7-78; authorized Chairman to sign said Notice of Completion and directed the clerk to record said Notice of Completion. 5. Approved release of maintenance bonds for Rancho Madera and Holly Estates Unit No. 1, 78-223 APPROVE CONTRACTS: STORM DRAIN MASTER PLAN - DURHAM AREA AND ABOVE DEVELOPED AREA - ROBERT GUTH AT A COST. NOT TO EXCEED $34,000 FUNDING COMING FROM REVENUE SHARING COMMUNTTY DEVELOPMENT FUND On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, the contract for storm drain master plan for the Durham area and above the developed area with Robert Guth at a cost not to exceed $34,000 with the funding coming from revenue sharing community development fund was approved and the Chaizvuan authorized to sign. 78-224 APPROVE CONTRACTS STORM DRAIN MASTER PLAN - PARADISE, NORTHWEST CHICO AND THERMALITO - WITH FUNDING COMING FROM REVENUE SHARING COMMUNITY DEVELOPMENT FUND On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, the following contracts for storm drain master plans with the funding coming from revenue sharing community development fund were approved and the Chairman authorized to sign: Paradise azu3~P7orthwest:.Chco~~:~sMcGain and Associates - $47,500 Thermalito - Geddis and Driscoll - $37,500 78-225 ADOPT RESOLUTION 78-24: RESOLUTION AUTHORIZING A TEMPORARY USE PERMIT FOR STORM DRAINAGE WITH LAKE OROVILLE RECREATION AREA PENDING APPROVAL OF A PERMANENT AGREEMENT BY THE FEDERAL POWER COMMISSION FOR KELLY RIDGE UNITS 4B AND 4C On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, Resolution 78-24 authorizing a temporary use permit for storm drainage with Lake Oroville Recreation Area pending approval of a permanent agreement by the Federal Power Commission with Kelly Ridge units 4B and 4C was adopted and the Chairman authorized to signo 78-226 AUTHOR3:ZE REQUEST TO COMMENCE PLANS AND SPECIFICATIONS; SEND LETTERS ASKING PROPERTY OWNERS TO RELOCATE CONFLICTING ENCROACHMENTS: ASK CITY OF CHICO TO RELOCATE FENCE ON EAST 8TH FOR WALKWAY: AND INCLUDE DRY WELL INSTALLATION IN SIX AREAS WHERE DRAINAGE PROBLEMS WOULD RESULT - CHICO AREA PATH AND WALKWAY PROJECT On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the request of Public Works for authorization to commence plans and specifications; send letters asking property owners to relocate conflicting encroachments; ask City of Chico to relocate fence on East 8th for walkway; and include dry well installation in six areas where drainage problems would result in accordance with the revenue sharing district allocation program for Chico area path and walkway project was approved, Page 222. January 3l, 1978 January 31, 1978 78-227. AUTHORIZE REQUESTS BY PUBLIC WORKS FOR APPROVAL OF ADDRESSING SYSTEM AND AUTHORIZATION TO MAKE .FINAL NUMBERING ASSIGNMENT S. IN ACCORDANCE WITH THIS SYSTEM AND ROAD NAME CHANGES PREVIOUSLY APPROVED BY BOARD On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the requests for approval of addressing system and authorization to make final numbering assignments in accordance with this system and road name changes previously approved by the board were authorized. 78-228 ADDITIONAL MATTER PRESENTED BY PUBLIC WORKS Clay Castleberry, public works director, stated that he and Supervisor Madigan were meeting with representatives of the Corp of Engineers and the Reclamation Board regarding three problem sites along the Sacramento River. 78-229 REPORT: RtICHARD DIXON - DENIED NEGATIVE DECLARATION AND REZONE FROM "A-2 " (GENERAL) TO "A-10" {AGRICULTURAL, 10 ACRE PARCELS)PROPERTY LOCATED ON THE SOUTH SIDE OF HAMILTON ROAD, APPROX. 1/2 MILE EAST OF STATE HIGHWAY 99, IDENTIFIED AS AP 25-041-51, CONTAINING 103 ACRES, MORE OR LESSx SOUTHWEST OF OROVILLE. The written report to the board concerning Richard Dixon denied negative declaration and rezone from "A-2" {general) to "A-10" (agricultural, 1QE~acre parcels) property located on the south side of Hamilton Road, approximately 1/2 mile east of State Highway 99, identified as AP 25-041-51, containing 103 acres, more or less, southwest of Oroville was filed, no action taken. 78-230 PUBLIC HEARING DATE 5ET: BARBARA WARD - NEGATIVE DECLARATION AND REZONE FROM "S-R" (SUBURBAN RESIDENTIAL) TO "AR-MK-3" (AGRICULTURAL RESIDENTIAL - MOBILE HOPS S - THREE ACRE PARCELS) PROPERTY LOCATED BETWEEN LONE TREE ROAD AND POWER HOUSE HILL ROAD, APPROX. 1/2 MILE SOUTH OF BAGGETT MARYSVILLE ROAD, IDENTIFIED AS AP 36-53-04, 05, 18, 19, 20 & 21 CONTAINING lI4 ACRES MORE OR LESS OROVII<LE A public heating date of February 14, 1978 at 10:45 a.m, was set for consideration of the Barbara Ward negative declaration and rezone from "$-R" (suburban residential) to "AR-MEI-3" (agriculturual residential - mobile homes - three acre parcels) property located between Lone Tree Road and Power House Hill Road, approximately 1/2 mile south of Baggett Marysville Road, identified as AP 36-53-04, 05, 18, 19, 20 & 21, containing 114 acres, mote of less, Otoville. 78-231 ADOPT RESOLUTION 78-25 SETTING PUBLIC HEARING DATE OF JOHN MANTHEI ABANDONMENT OF A PORTION OF OLD COHA55ET ROAD FROM ROCK CREEK ROAD INTER- SECTION SOUTH OF THE PRESENT COHASSET ROAD On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, Resolution 78-25 setting a public hearing date of Match 7, 1978 at 9:30 a.m, for consideration of the John Mantheir abandonment of a portion of OId Cohasset Road from Rock Creek Road intersection south of the present Cohasset Road, was adopted and the Chairman authorized to sign. 78-232 ADOPT RESOLUTION 78-26 SETTING PUBLIC HEARING DATE FOR HAROLD L, WELBORN - ABANDONMENT OF A PUBLTC SERVICE EASEMENT, LOT 282, PARADISE PINES UNIT #4 On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carries, Resolution 78-26 setting a public hearing date of March 7, 1978 at 9.30 a,m, for consideration of the Harold!-L. Welborn abandonment of a public service easement, Low 282, Paradise Pintes, Unit ~k4, was adopted and the Chairman authorized to sign. 78-233 ADOPT RESOLUTION 78-27 SETTING PUBLIC HEARING DATE FOR BOB TUTTLE ABANDONMENT OF AN ALLEY LYING WITHIN LOTS 17, 18 AND 19 OF THE SUNSET PARK SUBDIVISION CHICO On motion of Supervisor Lemke seconded-~fy:'Superv~isor Moseley and unanimously carried, Resolution 78-27 setting a public heaxing date Page 223. January 31, 1978 January 31, 1978 of March 7, 1978 at 9:30 a.m. for consideration of theJBob~Tuttle abandon- ment of an alley lying within Lots 17, 18 and 19 of the Sunset Park Sub- d ivision, Chico was adopted and the Chairman authorized to sign. 78-234 PUBLIC HEARING DATES SET: A hearing date of February 28, 1978 at 9'30 a.m. was set for consideration of the following items: 1, Extension of Interim M-1 (light industrual) property located west of Cohasset Road, south of Sycamore Creek, north of Frontier Circle and east of the drainage easement, Chico. 2, Extension of Interim C-2 (general commercial) that portion of property not within the city limits of Chico located on both side of Mangrove Avenue, between East 1st Avenue and East 5th Avenue, Chico, 78-235 ADOPT RESOLUTION 78-28: RESOLUTION AMENDING NON-EXCLUSIVE FRANCHISE FOR STATE TV CABLE IN THE CHICO AREA TO PROVIDE THE FRANCHISE WILL COINCIDE WITH THE CITY OF CElICO'S PROVISIONS On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, Resolution 78-28 amending non-exclusive franchise for State TV Cable in the Chico area to provide the franchise will coincide with the City of Chico's provisions was adopted and the Chairman authorized to-sign. 78-236 ADDITIONAL MATTERS PRESENTED BY COUNSEL Dan Blackstock, county counsel, stated that the county had prevailed in the case on drainage deposits of Sheldon vs County of Butte. Mr. Blackstock stated that he and Mr. Nickelson had met with the attorneys of the Masonic Lodge in Chico with regard to the library site. Mr. Blackstock stated that they are writing a complete agreement and this will be brought back to the board. The agreement will provide where parking will be permitted. 78-237 WAIVE USE PERMIT FEE5 - FOREST RANCH VOLUNTEER FIRE DEPARTMENT USE PERNLT On motion. of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, the use permit fees for the Forest Ranch Volunteer Fire Aepartment were waived, 78-238 APPOINTMENTS TO BTGGS MEMORIAL HALL COMMITTEE On motion of Supervisor Moseley, seconded by Supervisor Richter and unanimously carried, the following were appointed to the Biggs Memorial Hall Committee: Ray Valverde J. P. Quist Edward Gauger 78-239 APPOINTMENTS TO BIKE STUDX COMMITTEES IN CHICO, OROVILLE AND PARADISE CONTINUED TO FEBRUARY 7, 1978 The appointments to the Bike Study Committees in Chico, Oroville and Paradise were continued to February 7, 1978. '-~ Chairman Winston appointed Maxine Gilbert to the Oroville Bike Study Committee. 78-240 APPOINTMENTS TO THE ALCOHOL ADVISORY BOARD/CITIZENS ADVISORY COMMITTEE ON DRUG ABUSE On motion of Supervisor I,emkeer, seconded by Supervisor Moseley and unanimously carried, the following were appointed to the Alcohol Advisory Board/Citizens Advisory Committee on Drug Abuse: Page 224. January 31, 1978 January 31, 1978 Robert Martin Dennis Hyde 78-241 ELIMINATE REVENUE. SAARING COMMITTEES = AUTHORIZATION FOR CREATION OF FIVE MEMBER ADVISORY COMMITTEE ON 1978-79 REVENUE SIiARING ALLOCATIONS On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the three Revenue Sharing Committees as set out in Administrative memo dated January 26,-1978 were disbanded and a five member advisory committee on the 1978-79 revenue sharing allocations was created, with letters of thanks going to the disbanded committees. 78-242 ADOPT POLICY AND PROCHDURE MANUAL SECTIONS 3710 TO 37.40 On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, Policy and Procedure Manual sections 37.10 to 37.40 were adopted. 78-243 PROPOSED CHARTER CHANGE MAKING RECORDER APPOINTIVE POSITION TO BE PLACED ON JUNE BALLOT On motion of Supervisor Richter, seconded by Supervisor Lemke and carried, a proposed charter change making the Recorder an appointive position and at the option of the board and consent of the Clerk, appointing the Clerk to fill the position, was placed on the June ballot. 78-244 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Madigan stated that the Administrative Office should consider mail out of agenda information for Thursdays instead of Fridays. Administrative Office to bring a recommendation back to the board. 78-245 REPORT BY PLANNING DIRECTOR RE: E. M. BURGESS STATEMENT THAT HE WAS NOT TOLD ABOUT THE GENERAL PLAN Jim Lawson, ~3lanning director, stated that he had talked with his staff concerning the E. M. Burgess statement that he was not told about the general plan. Mr. Lawson stated that his staff discussed the general plan with Mr. Burgess and that a map of the general plan is hanging on the inside of a cabinet. Mr. Lawson a there was some question as to being consistent with the gener plan. Thep perty is located in the commercial center of Magalia. ADJOURNMENT There being nothing fort er before the bo d at his e, e meeting was adjourned at 5:20 p.m. to reconvene n sd ,Feb 7, 1978 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLE \ Page 225, January 31, 1978