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HomeMy WebLinkAboutM020580February 5, 1980 OF CALIFdRNIA ) SS. OF BUTTE ) SG- The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Dolan, Wheeler and Chairman Lemke. Clif Mickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk, by Nancy Wilson. Absent: Supervisors Moseley and Winston. Pledge of Allegiance to the Flag of the United States of America Invocation by Chairman Lemke 176] On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the minutes of January 29, 1980 were approved as mailed. 177 ]SET PUBLIC HEARING DATE AF FEBRUARY 26, 1980 AT 10:00 A.M. FOR 1980-81 178 179 180 A public hearing date was set for February 26, 1980 at 10:00 a.m. the 1980-81 application of AB 90 County Justice System Program. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and arried, the purchase of equipment for CETA administrative staff ,of a type- riter, six combination dictation-transcribers and three desk calculators t estimated cost of $2,480 to be paid by CETA funds was approved. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and arried, the CETA grant preapplication for fiscal year 1981 indicating the ounty's intention to operate CETA programs-was authorized and the preapplication o be signed by the Director. There was discussion regarding the District Attorney's request to romote an attorney from his staff to the "E" step of the Assistant District ttorney postion at this time. Wi11 Mattly, district attorney, stated he had sent the Board a emo regarding his request to move Mr. Patrick to the "E" step of Assistant istriet Attorney. In a memo to Mr. Rackerby he had indicated the necessity f reorganization and Mr. Galloway the present Assistant District Attorney ad volunteered to resign and to accept the position as attorney. Mr. Mattly tated Mr. Patrick was most qualified and was on the list and he would like o place him in the "E" step. He is going to reorganize the Chico office. e feels very strongly about Mr. Patrick's qualifications. He would place r. Nezrman as attorney in the first step. Mr, Galloway will be in the office and ling judicial duties and misdemeanors.. in Biggs and Gridley and some ormer cases at the trial level, Mr. Galloway will be going from range 33 E" step at $1374 per month to range 32 "E" step at $1308 per month. He ants to place Mr. Patrick above Mr. Galloway's level. Mr, Patrick will be andling the duties performed by Mr. Galloway. There is a difference of 132 per month. There was a motion by Supervisor Dolan .and seconded by Supervisor ler to promote Mr. Patrick from Attorney to the "E'.•' step of Assistant rict Attorney position. Chairman Lemke questioned if this reorganization meant there would less plea bargaining and Caking care of the hard cases as Mr. Mattly's memo icated. Page 176 February 5, 1980 80- a February 5, 1980 Mr. Mattly stated that was the reason for the changed Vote on the motion: AYES: Supervisors Dolan, Wheeler and Chairman Lemke NOES: None ABSENT: Supervisors Moseley and Winston Motion carried. APPROVED RESCINDING NORTHERN CALIFORNIA INSTITUTE OF LOCAL GOVERNMENT TRAINING AGREEMENT AND AUTHORIZE PERSONNEL DIRECTOR TO REPRESENT COUNTY ON A TRAINING ADVISORY COUNCIL THROUGH_CHICO STATE UNIVERSITY On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, rescinded the joint powers agreement with Northern California Institute of Local Government training and authorize the Personnel Director to represent the county on a training advisory council through Chico State University was approved. REPEALED CERTAIN SECTIONS OF PERSONNEL RULES REGARDING MANDATORY REQUIREMENTS FOR ACTIVITIES TO BE CARRIED BY SAFETY OFFICER AND MAINTAIN ONLY MINIMAL REPORTING REQUIREMENTS WITH EACH DEPARTMENT TO BE RESPONSIBLE FOR CAL-OSHA SAFETY The Butte County Safety Committee presented-- their annual report for 1979 to the Board. Jim Rackerby, personnel director, spoke concerning the County Safety problem. The Safety Committee made two recommendations for the Board to consider. 1) To fund personnel necessary to carry out the program or 2) Dismantle county government and put in the minimal reporting require- ments. When the program was started it was a CETA funded positiono Through the safety program they had conducted several training sessions. Mr. Wilson had handled this program, when he left the position was not filledo They have to meet CAL-OSHA requirementso He felt the department heads could handle their departments. The Personnel analyst reviewed the property loss by employees or damages. Department heads had been trained regarding disciplinary action and affirmative action. He did not have .time to research all the information. In 1978 when they had a safety program there were 561 reports of accidents in 1979 it increased 24%. Mr. Rackerby was concerned about the insurance aspect in compensation and liability. This could get out of hand. It would cost from $40,000 to $46,000 for personnel and training costs. The recommendation from the Safety Committee is that they either do it right and the County staff it or dismantle those elements of the plans and remave the liability. That department heads be held responsible for their employees. Mr. Rackerby was concerned about getting employees involved with safety. Chairman Lemke questioned if these duties could be handled by the Risk Management Coordinator. Clif Nickelson, administrative officer, stated this. had been dis- cussed. If he took over these duties he would not be able to give full time to loss to the county through law suits. Steve Replogle, risk management coordinator, stated he looks at the employee reports and analyzes them with a financial aspect in mind. The number of reportable incidents have been increasing. He is interested in not only the accidents but the loss of money in the accidents. Mr. Nickelson stated if they were thinking of not following the recommendations and keep the safety program, he would recommend they turn Page. 177 February 5, 1980 80- {, On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the purchase. of fixed asset, calculator with tape with estimated cost of $150, for the Paradise Library was approved. 186 APPROVED PURCHASE OF SELF CONTAINED BREATHING APPARATUS AT THE JAIL FOR SHERIFF'S DEPARTMENT On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the purchase of a self contained breathing apparatus for the jail by the Sheriff's Office to comply with California Administrative Code Section 1282 with a cost estimate of $1,650 was approved. __ I February 5, 1980 _ _ _ _ _ _ _ _ _ it over to his office and transfer both the risk management and safety side to Personnel. To caution the department heads to be more safety conscience. Mr. Rackerby stated the safety program is employee related. The industrial compensation factor where risk management personnel should not be looking at these general liabilities. Both sides should .not be in the same place. In 1976 they were just getting the program started and did not have compIlete figures. There were incidents where employees were hurt but were not reporting them to their department heads On mntion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, repealing of certain sections of the Personnel Rules dealing with the mandatory requirments for activities to be carried by the Safety Officer and the safety committee, to maintain only those minimal reporting requirements and require each department to be responsible for theix own CAL-OSHA safety program as recommended by the County Safety Committee in their. memo of January 31, 1980 was approved. The Personnel Director to formalize resolution in the next couple of weeks. ' 1S3 APPROVED APPOINTMENT OF ART GILMAN TO BUTTE COUNTY PERSONNEL APPEALS COMMISSION On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the appointment of Art Gilman to a four-year term as management representative to the Butte County Personnel Appeals Commission was approved. 184 CONTINUED TO FEBRUARY 19, 1980 THE AWARD OF BID 29-80 MOTOR GRADER FOR PUBLIC WORKS Continued to February 19, 1980 the award of Bid 2 9 80 for a motor grader which was budgeted in the Public Works Department. 185 AUTHORIZED PURCHASE OF CALCULATOR FOR PARADISE LIBRARY 187 There was a request before the Board from the Sheriff's Department to purchase radio pagers for use in the department. Mick Grey, sheriff's department, stated he was representing Sheriff rillick in asking the Board to authorize them to purchase radio pagerso They sre a small electronic receiver attached to the belt and activated from a radio center. You can give a verbal message over the receivers. They are similar to ones used by.the-.superior court bailiff. In the> 1980 budget they placed high priority on this item for-their Unusual Incident Team and other equipment. It was deleted by the Administrative Officero There were 16 radio pagers in the original request. Ten were to be used by the Unusual Cncident Team members and by the Sheriff, Undersheriff, team commander and the Search and Rescue. They are used for off duty hours. When the incident in Biggs was reported the department was between shifts and they were able to respond rapidly. If it had been in the middle of a shift they have to call each member and hope they are home or can be reached quickly. There are 10 gages and a coding device. The costs is $2,753. Total cost for 16 is $4,100 which was budgeted Page I78 February S, 1980 February 5, 1980 80- 3 Chairman Lemke stated the item was budgeted and funded. To reach this point in service and to not be able to put together the team because of the radio contact could not make them a strong team. They have a recent incident on record to show where they saved life. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the radio pagers as requested by the Sheriff's Department for use in the department was approved, 188 Dan Slackstock, county counsel, requested that the Board delete authorizing the Chairman to sign and to request the Sheriff to sign. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and ied, the work furlaugh agreement with Santa Clara County pursuant to ion 1208 of the Penal Code was approved and the Sheriff authorized to sign. 189 AUTHORT2ED SUBSTITUTION OF REVISED CONTRACT TO EX#IIBIT A OF RESOLUTION 80-1 On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the amendment to contract for exchange of property taxes and annexation to cities by substitution of revised contract to Exhibit A of Resolution 80-15 was approved. 190~APPROVED JOINT POWERS AGREEMENT WITH NORTHERN CALIFORNIA EMERGENCY MEDICAL On motion of Supervisor Wheeler, seconded by Supervisor Dolan nd carried, the joint powers agreement with Northern California Emergency edical Care Council to expand the Board of Directors from 23 to 26 members roviding for three additional members from the Superior California Hospital onference and language has been added that provides for loss of voting rights nd participation in the council if a member county should withdraw or lose is good standing through failure to make timely payment to the council was pproved and the Chairman authorized to sign. 9:53 a.m. ENE: 10:07 a.m. 191~REPORT FROM BUTTE COUNTY FISH AND GAME COMMISSION CONCERNING PROPOSED EITHER SEX ARCHERY DEER HUNT AT GRAY LODGE - TO BE CONSIDERED ON FEBRUARY 19, 1980 There was a report to the Board from Gene Mercer of the Butte County Eish and Game Commission concerning the proposed either sex archery deer hunt to be held at Gray Lodge at this time. Mr. Gene Mercer, secretary, Fish and Game Commission felt someone lse should have given this report on antlerless deer hunt. They issued 30 ermits last year. There were four deer killed on the either sex. One buck, ne doe and two fawns. He felt archery hunters were good sportsman and was oncerned about the shooting of fawnse Gray Lodge is a game refuge. They pen the refuge on October 4, 5 and 8. They will be driving the deer out of he refuge onto private property, They have duck season after that. He was of going to make a recommendation it was up to the Board to take action on his issue. He has his own personal feelings regarding this mattero He was sked to appearo He had received several calls from people who were opposed o the hunt. Mr. Mercer had received a call from a lady in Paradise and who geared before the Commission on the l~+th was concerned about the dredging the west branch of the Feather River to restrict the dredging to 2". ire are already regulations there is nothing they can do. The Department Fish and Game have approved these changes in the dredging regulations they will keep tabs on it. He will repart back before there is another Page 179 February 5', 1980 80- ~. February 5, 1980 dredging season and regulations which would go into effect. There was con- cern with weekend gold dredgers and the impacts on the waters. He will keep this in mind and report back as the Wild Life Protection Office will keep him posted. Mr. Mercer had an item of recommendation to the Commission on opening of 2B a week earlier and closing a week later on D2V. This is by Interstate 5 at Highway 162 and goes into the City of Willows. It extends to Highway 70 and heads to Highway 89, follows 89 to Almanor Dam. Mr. Mercer set out the areas and the reason for the recommendation is the department directed the `take for two years and has been discussed with the unit manager and Plumas County. Years ago the season was from September 16 to October l5 and had better herd in the high country. The Department of Fish and Game will lengthen the season until November.making;tw1e season seven weeks. They would like to have the season opened very early than make the closing.-a. week later. They would like a recommendation to the Fish and Game Commission. 192 It had been more than a year since he had addressed the Board. Supervisors Dolan and Wheeler were not on the Board. H~ is still asking guidance as to how much the Board expects from the Commission. He was the game warden for 34 plus years and is familiar with fish and game regulations. He would like Clif Mickelson to come up with some additional guidance. They are doing the best they can. Clif Mickelson, administrative officer, stated that if they wanted a study of how other Commissions work in the state. Mr. Mercer stated he was to have done a study. If they were going into other counties they were wasting their time. He is not happy about the way other counties spend their money. He watches this county closely. Chairman Lemke stated on Friday, February 8, 1980 at 2 o'clock in Paradise there is to be a meeting of Public Lands and Protection at the NCCSA and would like Mr. Mercer to attend and discuss the week earlier deer season.: They would give the Commission their guidance when the full Board was present. Mr. Mickelson stated there is still time to be heard before the Board and have a public hearing in March. They can adopt a resolution or findings and have it transferred to the State Fish and Game Commission. Mr. Mercer stated there are other antlerless shoots throughout the County and other people object and it should never have been allowed. This is either sex it is an area to resolve. PUBLIC HEARING: DAVID E. WHITE REQUEST FOR VARIANCE TO SECTIONS 19-10 AND/OR 19-12 OF THE BiTTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON AP 28-31-2, UPHAM ROAD BANGOR AREA ZONING "A-5" The public hearing for David E. White request for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 28-31-2, Upham Road, Bangor area; zoning "A-5" was held as advertised. Lynn Vanhart, environmental health, stated this was a request by Mr. White to put a mobile home on property for his parents. They are not that old but are in ill health and wants them close by so they can look after them. There are no problems and everything is in order. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. Page 180 February'S, 1980 February 5,_1980 80- 3. 193 On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on David E. White's property, AP 28-31-2, Upham Road, Bangor area; zoning "A-5" was approved for a period of one year. PUBLIC HEARING: CONTINUED TO MARCH 4, 1980 AT 10:30 AoM. CRAIG-MOORETOWN RIDGE AREA DRAFT ENVIRONMENTAL IMPACT REPORT AND REZONE FROM "A-2" (GENERAL) TO "R-C" (RESOURCE CONSERVATTON), "P-Q" (PUBLIC - QUASI PUBLIC), "C-1" (LIGHT COMMERCIAL), "H-C" (HIGHWAY COMMERCIAL), "C-F" (COMMERCTAL FOREST), "FR-2", "FR-5" "FR-10," "FR-20", "F R-40" AND "F R-1b0" (FOOTHTLL RECREATIONAL - 2, 5, 10, 20, 40 AND 160 ACRE PARCELS) FOR THE AREA LOCATED BETWEEN THE SOUTH FORK AND THE MIDDLE FORK OF LATCE OROVILLE AND WEST OF THE TOWN OF FEATHER FALLS The public hearing for Craig-Mooretown Ridge area draft environ- mental impact report and rezone from "A-2" (general) to "R-C" (resource conservation), "P-Q" (public - quasi public}, "C-1" (light commercial), "H-C" (highway commercial), "C-F" (commercial forest), "FR-2", "FR-5", "FR-IO", "FR-20", "F R-40" and "F R-160" (foothill recreational - 2, 5, 10, 20, 40 and 160 acre parcels).-for the area located between the South Fork and the Middle Fork of Lake Oroville and west of the town of Feather Falls was held as advertised. Chairman Lemke•stated there were two Board members absent. and Supervisor Wheeler has indicated a conflict of interest. He will open the hearing far anyone wishing to give testimony this morning then he will continue it to a date certain. They can not make a decision this morning as there are only two voting members present. SUPERVISOR WHEELER ABSENT AT THIS TIME. Earl Nelson, environmental review director, stated this project did have an impact report prepared which was written for the original property. A compromise was worked out. The EIR is revised impact proposing it be used for this proposalo Bettye Blair, planning director, stated this project was amended in October 1979 identifying the various zones. It has been in the hearing process the past several months. The Board has copies of the Planning Commission minutes. Hearing open to the public. Appearing: 1. Lionel Combs, Berry Creek. Mr. Combs stated he owns property in this area. He bought it a year ago. It was "A-2" zoning and he felt it was 10 acres. Now he is informed it is 9.9 acres. The proposal is for "FR-5" which would not allow a split as he had planned. There is a road through the property. He felt the "FR-2" would accommodate it. If the zone was changed to the "FR-2" he would be able to split his property, He would like this to be~econsideredo Chairman Lemke cautioned that the hearing was to be continued, 2. Myron Larsen, E1 Cerrito. Mr. Larsen stated this project had been in Che hearing stages for 6 years. He and his partner bought 20 acres and now on the tax bill it shows 19.91 acres. With the 10 acre zone proposed by the Planning Commission would not allow to have his property split into two parcels. Chairman Lemke stated the Board has made several exceptions for less than net if there was a road easement out of it. Page. 181 February 5, 1980 February 5, 1980 80- Mr. Larsen stated they have considered filing a special application. They have been before the Planning Commission asking for 4 and 5 acre splits in connection with the 19.91 acres. He felt it could be called. 20. His property is just east of Enterprise Bridge. They purchased the property in the 60's with the idea of retiring and moving into this area because of the recreation and for recreation property. The present zoning is "F R-10". Mr. Larsen presented a copy of a newspaper article out of the Oakland Tribune to each Board member. It is the Tiburon zoning case. He felt it was the same as his property. It has been before the courts. It will be before the Supreme Court on the April agenda or October agenda. He felt it was a mistake to move forward with this zoning or take action depending upon the Supreme Court outcome. Depending upon the outcome of this case he is going to request a transcript of all the public hearings and in particular the August 8, 1978 meeting before the Boa rd; of Supervisors. There are a lot of senior citizens in this area. He does not disagree with the recreation property up to Feather Falls. They have owned the property for 12 years and do not want to divide it up until they know what they are going to do in regards to retiring. He would like a copy of the August 8, 1978 transcript. They have put their requests in the hands of the Planning Commission and the Board of Supervisors many times and he felt their property should be split. He did not know why a small group of people should be empowered to control their ability to be happy and move into the area and build homes on 4 or 5 acres. They are not developers. They would not be able to enjoy the beautiful Lake Oroville and the mountains. 3. Richard Shipley, Paradise. Mr. Shipley owns property in the Criag-Mooretown area. He has a parcel map project which has been in the works for 8 months. At the beginning of the project he was told there was 1 to 2 acre minimums. He had completed all of the required forms for Planning,. Public Works and Health in December. He was then told he had to wait until after the Planning Commission hearing on Craig-Mooretown, this was the first he had heard of the zone change. His property should be in the "FR-5" zone. It is proposed as "FR-20" zoning. Mr. Shipley discussed the soil depth requirements. His property has 5 to 6 feet and could be as much as 20 feet in the area. The proposed environmental report would allow development to 5 acre minimum parcel sizes. He would like the line that was drawn in "FR-20" so it would be inc uded in the "FR-5" zone so it is consistent with the zone. He had been befor~he Advisory Agency for a tentative parcel map and it was postponed until n xt Monday for a decision on the Craig=Mooretown projecet today. 4. Don Stiles, Antiock. Mro Stiles was unhappy because all he had received was a small postcard in the mail. He would like maps of what is being divided. He was representing about seven property owners in the area. They do not know which way to go. Chairman Lemke directed Mr. Stiles to contact Ms. Blair at the Planning ,Department for further information. Mro Stiles felt Butte County wanted this rezone not the property owners. He felt it was up to the county to supply or send them the full information. It was the counties legal obligation to furnish the information. Chairman Lemke stated he was not wanting the zoning changed .For the property owners own protection they should back up what they wanted and formulate their plans. 5. Leslie Styles, Oroville. Mr. Styles stated he was happy he lived there and appreciated their effort and would be back on March 4, 1980. Mr. Larsen stated he would like the Planning Commission to give further consideration to the le~a~es18~ their files from his group. He. did February 5, 1980 February 5, 1980 80- not file a parcel map. It~would cost $6,000 to have the property surveyed. $ They did-not want to put that much money into surveying. 6. Jerry Turner, Oroville. Mr. Turner thanked the Board for the informationo He would get more information from Ms. Blair. The hearing is to be continued to March 4, 1980 at 10:30 a.m. RECESS: 11:05 a.m. RECONVENE: 11:15 a.m. SUPERVISOR WHEELER PRESENT AT THIS TIME PUBLIC HEARING: CONTINUED TO FEBRUARY 19, 1980 AT 11:45 A.M. FOR DORIS MILLER APPEAL OF PLANNING COM{SiSSION'S DENIAL OF PROPOSID NEGATIVE DECLARATION AND USE PERMIT TO ALLOW PROFESSIONAL OFFICES ON PROPERTY ZONED "H-C" (HIGH- WAY COMMERCIAL), AP 36-71-5, CORNER OF FOOTHILL BOULEVARD AND OROVILLE- BANGOR HIGHWAY, OROVILLE The public hearing for Doris Miller appeal of Planning Commission's denial of proposed negative declaration and use permit to allow professional offices on property zoned "H-C" (highway commercial), AP 36-73.-5, corner of Foothill Boulevard and Oroville-Bangor Highway, Oroville~was held as advertised. Bettye Blair, planning director, stated the Board had copies of staff findings and the Planning Commission minutes. This use was applicable,. Earl Nelson, environmental review director, stated the Board had copies of the environmental checklist. It was a request for a real estate office in the area, He understood some of the neighbors were concerned. There are no significant effects on the property. Hearing open to the public.. Appearing: 1. Doris Miller, Bangor. Mrs. Miller stated there was no reason given for the denial by the Planning Commission in the letter she had received. Ms. Blair stated the Planning Commission in their findings of approval are density and whether it impairs the integrity and character where the land lies. The motion by the Planning Commission is a standard finding whether to approve or deny. Mrs. Miller stated they had her letter indicating they did not know the reasons. The "H-C" zone was the lowest use possible and she purchased the property with that in mind. A professional office~is the lowest use. rr Chairman Zemke stated there was basis for denial. The Planning Commission is an advisory board to the Supervisors. They can either accept or deny the Planning Commission's recommendation. Mrs. Miller stated it was across the street from other business property. There would be no more than 4 to 5 cars at a time. Ms. Blair stated there is an 18 house subdivision near the project. At~he Planning Commission hearing Mrs. Miller was not available for questions. 2. Cathy O'Donnel, Oroville. Ms. O'Donnel stated they had previously submitted a petition against the use permit. Tn the report they received there was no mention of "H-C" zone. She felt the houses were to be residential. The commercial property does not concern her. There are over 20 children in the neighborhood with the majority under 8 years of age. Page 183 February 'S, 1980 February 5, 1980 80' The neighbors ~fee1 it will be hazardous to them because of traffic. .They did d not move there to have a commercial business next to them. 3. Gay Spezman, Oroville. Mr. Spezman stated they live next to the proposed project and plan to submit a zone change this week. Hearing closed to the public and confined to the Board. Supervisor Dolan stated from the records and testimony_ the area is residential and they want to preserve it. .She was not in favor of approving this use permit. Chairman Lemke stated the neighborhood is already injured as it has "H-C" on one side and "C-2" across the street. He did not feel the testimoney showed a definite approve or deny. He would like to have the Supervisors who represent that area to comment. The hearing will be a closed hearing without public participation on February 19, 1980-at 11:45 a.m. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, finding the proposed project could not have a significant effect on the environment a negative declaration was approved, 195 PUBLIC HEARING: ADOPTED ORDINANCE 2074: COOPER, RODOLF & ASSOCIATES PROPOSED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT AND REZONE FROM "A-3" (MEDIUM DENSITY RESIDENTIAL) TO "PA-C" (PLANNED AREA - CLUSTER), PROPERTY LOCATED ON THE NORTHEAST CORNEA OF CANYON DRIVE AND ROYAL OAKS DRIVE, IDENTIFIED AS AP 34-01-37 AND 34-04-99. OROVILLE The public hearing for Cooper, Rodolf & Associates proposed negative declaration regarding environmental impact and rezone from "R-3" (medium density residential) to "PA-C" (planned area - cluster), property located on the north- east corner of Canyon Drive and Royal Oaks Drive, identified as AP 3~-01-37 and 34-04-99, Oroville was held as advertised. Bettye Blair, planning director, stated this is a planned area cluster recommendation from the Planning Commission. They have received copies of the minutes. If the project is approved there are conditions stated in the minutes and are a part of the project. An existing map is posted, Earl Nelson, environmental review director, stated on the checklist the original submitted was prepared a year ago. There has been a correction to the mitigation measures. It is in the area of Kelly Ridge. There are residential developments on two sides. The river and dam are to the north. The environmental concern is for the change of character of the area, traffic increase and some geologic concerns. The change was number 5 on the checklist. Previously asked for a left turn pocket. This is no longer necessary. Hearing open to the public. Appearing: 1. Carl Rodolf. Mr. Rodolf is appearing on behalf of the developer. The zoning. conditions that came fxom the Planning Commission are acceptable to the developer. Hearing closed to the public and confined to the Board. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, finding that although the proposed project could have a significant effect on the environment, there will not be a significant effect in Chis case because the following mitigation measures described below have been added to the project and a negative declaration is approved: 1. Submit road and dr in.a a plans to the De artment of Public Works for approval and instal tie re~uired facilities. age 184 February 5, 1980 80- .. __-_______ February 5, 1980 =------------===-W= 2. Erosion control measures shall be adhered to as-per the requirements of the State Water Quality Control Board. Erosion control measures are as follows: a. Underground utility and earthwork construction will be prohibited during period of extended inclement weather in order to minimize siltation originating from raw earthwork., Prior to the close of the construction season, all earthwork areas will be shaped to promote or eneouragesheet flow conditions and all disturbed areas will be seeded. b. Surface runoff flowing to the streets will be conveyed in roadside paved gutters to drop inlets or downdrains at low points. Storm flows will be conveyed under streets in culverts. Storm flows downstream of streets and across lots will be conveyed where possible in existing natural drainage swales. This decision will be based upon an evaluation of the ability of the native soil to support storm water flows without significant erosion. Large rock uncovered during earthwork operations may be randomly placed in stream beds to reduce hydraulic flow energies. Wherever it appears that the soils would be subject to excessive erosion, such concentrated flows will be carried in buried pipe or lined channels. Use will be made of energy dissipaters where- ver warranted in order to reduce excessive velocities. c. Cut and fill slopes will be seeded by methods such as "hydro-mulch". d. Construction roads, side and rear lot easements and other areas where natural vegetation has been removed or destroyed during the course of construction will be seeded in a manner similar to the cut and fill slopes. e. Storm runoff will be concentrated as little as possible by making maximum use of existing natural drainage swales and channels. f. Silt traps will be constructed if and where feasible. g. A minimum amount of clearing will be performed that is consistent with County and other governmental regulations. h. All excavated material that is permanently placed whether in engineered fills or disposal sites, etc. shall be compacted and shaped to minimize erosion and siltation. i. Construction materials including spoils shall not be stockpiled in or immediately adjacent to swales or channels. 3. Native trees, shrubs and groundcover shall be retained except in the actual areas of physical development and as needed for fire protection purposes. The exception to this condition would be trees that are dead or dying. 4. Provide breakaway gate at emergency access. 5. A standard public road approach shall be constructed at the main project access off Royal Oaks Drive in accordance with Public Works standards. 6. Building design standards shall take into account the geologic hazards of the locality. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the rezone fram "R-3" (medium density residential) to "PA-C" (planned area - cluster) be approved noting that the negative declaration has been filed and in conforman~~g~itl~8~he General Plan and all conditions February 5, 1980 ---_-_==_==Febr_uary5,-1980 =-____ ____________ 80" forwarded by the Planning Commission has been added to this report; Adopted ~, Ordinance 2074 and authorized the Chairman to sign; with conditions as follows: Submit road and drainage plans to the Department of Public Works for approval and install the required facilities. 2. Erosion control measures:-shall be adhered to as per the requirements of the State Water Quality Control Board. Erosion control measures are as follows: ao Underground utility and earthwork construction will he prohibited during period of extended inclement weather in order to minimize siltation originating from raw earthwork. Prior to the close of the construction season, all earthwork areas will be shaped to promote or encourage sheet flo[v conditions and all disturbed areas will be seeded. b. Surface runoff flowing to the streets will be conveyed in roadside paved gutters to drop inlets or downdrains at low points. Storm flows will be conveyed under streets in culverts. .Storm flows downstream of streets and across lots will be conveyed where possible in existing natural drainage swales. This decision will be based upon an evaluation of the ability of the native soil to support storm water flows without significant erosion. Large rock uncovered during earthwork operations may be randomly placed in stream beds to reduce hydraulic flow energies. Wherever it appears that the soils would be subject to excessive erosion, such concentrated flows will be carried in buried pipe or lined channels. Use will be made of energy dissipaters wherever warranted in order to reduce excessive velocities. c. Cut and fill slopes will be seeded by methods such as "hydro-mulch". d. Construction roads, side and rear lot easements and other areas where natural vegetation has been removed or destroyed during the .course of construction will be seeded in a manner similar to the cut and fill slopes. e. Storm runoff will be concentrated as little as possible by making maximum use of existing natural drainage swales and channels. f. Silt traps will be constructed if and where feasible. g. A minimum amount of clearing will be performed that is consistent with County and other governmental regulations. h. .All excavated material that is permanently placed whether in engineered fills or disposal sites, etc. shall be compacted and shaped to minimize erosion and siltation. i. Construction materials including spoils shall not be stockpiled in or immediately adjacent to swales or channels. 3. Native trees, shrubs and ground cover shall be retained except in the actual areas of physical development and as needed for fire protection purposes. The exception to this condition would be trees that are dead or dying. 4, .Provide breakaway gate at emergency access. Page 186 February 5, 1980 80- February 5, 1980 .5. A standard public road approach shall be constructed at the main project access off Royal Oaks Drive in accordance with Public Works standards. 6. Building design standards shall take into account the geologic hazards of the locality. 7. Submit road and drainage plans to the Department of Public ,Works for approval and install the required facilities. 8. Provide 20-ft. radius property line returns at all street intersections. 9.. Provide right-of-way for standard No. S-5 at all street intersections. .0. Indicate a 50-ft. building setback line from the centerline of Royal Oaks Drive. .1. Street signs shall be provided by the developer at all street inter- sections per County requirements. (Submit five alternate street names for each street to the County address coordinator for approval of street names.) 2. Construct full street section on all interior streets to typical section as shown on development plan (2" AC and 4" AB). Construct emergency exit street section as shown on development plan (14-ft. wide road with 2" AC, 4" AB and AC dike on each side of road). !3. Provide monumentation as required by the Department of Public Works in accordance with accepted standards. l4. Street grades and other features shall comply with the Butte County Ordinances, design resolution, and other accepted engineering standards. !5. Provide permanent solution for drainage, including drainage easements across State property. L6. All easements of record to be shown on the final map. L7. Meet requirements of Butte County Fire Department or other responsible agency. L8. Street lighting shall be provided in accordance with Butte County requirements, accepted design criteria, and recommendations of PC&E. L9. Provide one-foot no access strip along Royal Oaks Drive except at access points. ?0. Pay off assessments. ?1. File a tentative and final subdivision map and pay appropriate fees. ?2. Prnvide breakaway gate at emergency access. ?3. Meet the requirements of Oroville .Wyandotte Irrigation District. 4. Meet the requirements of the utility companies. 5. Provide a letter from North Burbank Public Utility District stating that they will provide sewer service to the development. 6. .Provide a letter from Oroville-Wyandotte Irrigation District stating that they will supply domestic water to the development. Page 187 February 'S, 1980 -___-_===-=February 5,-19_80 =____ _____________ SO- Applicant must also comply with all other applicable State and local statutes, ~ ordinances and regulations. !96 PUBLIC HEARING: BUTTE COUNTY DEPARTMENT OF PUBLIC WORKS - TABLE MOUNTAIN BOULEVARD BRIDGE AT FEATHER RIVER (PROJECT NO, 28491-76-1) The public hearing on Butte County Department of Public"Forks - Table Mountain Boulevard Bridge at Feather River was held as advertised. Earl Nelson, environmental review director, stated an environmental study was circulated. They have aerial shots of the existing bridge and proposed bridge immediately to the east. There was concern about the construction activities in the river. Tt will miss one house. It is an ar- chaeological site and will not be effected. The sidewalk can be removed to make room for wider traffic. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. - On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, finding that this project will not have a significant effect on the environment and will not involve any structure or section of roadway, no changes in the character or composition of traffic, no businesses or other structures will be removed, the construction and contractor will be addressed by the agency; and move that a negative declaration be approved. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, that the Table Mountain Boulevard Bridge at Feather River so proceed was approved. 197 CONTINUED PUBLIC HEARING: CONTINUED TO MARCH 4, 1980 AT 10:15 A.M. THE NOTICE OF INTENTTON TO ABANBON THE DURHAM CEMETERX AND DEDICATE IT AS A PIONEER MEMORIAL PARk The continued hearing for notice of intention to abandon the Durham Cemetery and dedicate it as a Pioneer Memorial Park was opened to the public. Chairman Lemke stated the hearing has been continued to March 4, 1980 at 10:15 a.m. 198 PUBLIC HEARING: CONTINUED TO FEBRUARY 19, 1980 AT 10:30 A.M. THE JAMES E. HARTMAN APPEAL OF ADVISORY AGENCY'S APPROVAL OF DRAFT ENVIRONMENTAL IMPACT REPORT AND VALLEY VIEW TENTATIVE SUBDIVISION MAP, AP 34-27-116, 80 LOTS, NORTHEAST SIDE OF OAKVALE AVENUE 1 500 FEET SOUTHEAST OF HILLDALE, OROVILLE The public hearing for James E. Hartman appeal of Advisory Agency's. approval of draft environmental impact report and Valley View tentative subdivision map, AP 3427-116, 80 lots, northeast side of Oakvale Avenue, 1,500 feet southeast of Hilldale, Oroville was held as advertised. Chairman Lemke stated there was an item under communications from Mr. J. E. Hartman, Oroville requesting this hearing be continued to a later date. Mr. Hartman had indicated there were a number of people who wanted to testify but were out of town and unable to attend. Chairman Lemke opened the public hearing to anyone wishing to speak noting the hearing would be continued. Appearing: 1. Lynn Rockwell, Oroville. Mrs. Rockwell stated she lived in the area. They would like the Board to take a closer look at the project. It has tremendous impacts. They would like the area to stay rural. There is a school and sewer on the .west side of Oakvale. The area to the east will remain lesser density. They have asked the developer to cut the density> Her concern was drainage and traffic. There is one entrance and exit for 80 homes, there is a cul de sac. They are not against the developer. It Page 188 February 5, 1980 February 5; 1980 80- should be planned carefully. It will not be~approved until a closer look b can be made at the General Plan. This area should be preserved, without the jeopardy of development in the area. There are orchards in the area. For that reason they would like to see it continued to another date. 2. J'oe Thompkon, Oroville. Mr. Thompkon stated there are oranges and mandarins in the area. ,About 17z acres of citrus trees, He would like time to organize his testimony before the Board. 3. Neil McCabe, attorney representing Valley View investors. Mr• McCabe stated they disagree with the tremendous impact. The impact has been thoroughly looked at. The Advisory Agency approved the complete EIR and certified it. This delay will give you the Board additional time to look at this. There are mitigation measures placed on the project. It is consistent: with the zoning and General Plan. It is served by sewer. The project can be an enhancement to the area. Mr. McCabe stated is Mr. Nelson's memo he had indicated there might be additional delay to answer supplement comments. If something new must be listed, he understood. They will be certified and as comments come up they will be able to finalize this. He felt at the next hearing it should be approved. 4. Mike Glaze, project engineer - Cook and Associates. Mr. Glaze was concerned that a few people could manipulate this hearing to their own gain. This is a single family development. What they are proposing is appropriate. They have gone through the General Plan process. There will not be environmental concerns. The opposition have heard the EIR decision. They have written countless letters and appeared at the Advisory Agency public meeting. He questioned were they now to believe something new should be discussed. They are in complete compliance. Chairman Lemke stated this hearing will be continued to February 19, I980 at 10:30 a.m. •• 5. W. A. Peterson, Oroville. Mr. Peterson stated there .was a similar project two or three years ago which was 100% approved by the Planning Commission and the Board reversed it. Mr. Peterson wanted to give the Board a vote of confidence and compliment them on the new building. CONTTNUED HEARING REQUEST OF ROBERT W. BRAMLAGE, OROVILLE TO FEBRUARY 26, 1980 AT 11.45 A.M. There was a request under communications from Robert W. Bramlage, Oroville, to continue his appeal of a tentative parcel map to February 26, 1980 from the previously set date of February 19, 1980. The hearing will be continued on February 19, 1980 to February 26, 1980 at 11145 a.m. 200IAPPEARANCE: ARLEN CARTWRIGHT. COUNTY DEPARTMENT OF FORESTRY Mr. Arlen Cartwright, County Department of Forestry. Mr. Cartwright stated he had not appeared before the Board since he had been placed on an interim basis as Fire Warden ranger in service, He had stepped in when Mr. Bob Paulus had resigned. He wants to work with the Board regarding the budget. His appointment as Ranger Tn Charge will last through May. He thanked the Board for their cooperation in the past. BUDGET TR4,NSFERS APPROVED On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the following budget transfers were approved: 8-70 - Chico Municipal Court. Transfers $10,067 from unallocated revenue sharing (miscellaneous expense) and $2,460 from salaries and wages; with $4,277 going to extra help and $8,250 to professional and specialized services. It is requested that• $-S~6 previously approved by the Board be rescinded. The purpose of this C~ansfer then is to reflect that funding is Page 189 February 5, 1980 _ February 5, 1980 _ _ _ _ _ _ _ 80-' coming from revenue sharing rather than the general fund as the department .~ itself is funded with revenue sharing funds in 1979-800 8-73 - Housin and Communit Develo went 1978-79 rant ear . Establishes an appropriation of $14,000 for HCD administration costs with funding coming from program income. This will cover the administrative costs for the period July 1, 1979 through December 31, 1979. B-74 - Communit Aetion Pro ram - Housin Winterization Round III. Transfers $17,868 from consumable supplies; with $4,892 going to salaries and wages, $1,133 to fringe benefits, $1,190 to travel, $386 to space costs and rentals, $7,752 to lease purchase of equipment and $2,515 to other costs. This transfer has been approved by the State Office of Economic Opportunity on December 27, 1979. B-75 - Housin and Communit Develo ment Grant. Transfers $5,646 from demolition and clearance to relocation in the south Oroville project area and transfers $948 from demolition and clearance and $700 from new housing construction, for a total of $1,648 being transferred to relocation in the Chico Chapmantown project area. This transfer has been approved by the Department of Housing and Urban Development on January 3, 1980. B-76 -• Public Works - Road Construction. Transfers $20,000 from the road reserve and together with revenue from the federal government in the amount of $54,000 and state 169.1 funds in the amount of $6,000 establishes an $80,000 appropriation for the installation of traffic signals at Esplanade and East Avenue in Chico. This project was authorized by the Board on December 18, 1979 and reaffirmed on January 22, 1980. B-77 - Community Action Procram - Senior Nutrition Proiect. This transfer establishes a budget for the 1980 Senior Nutrition Program according to a grant approved by the State Department of Aging on December 27, 1979. Total amount of the transfer is $442,674 with funding as follows: matching contributions, $33,024; federal aid - USDA, $49,192; state aid - State Depart- ment of Aging; $297,218; and other aid - participant donations, $63,240. B-78 - Sheriff - Incarceration. Transfers $1,650 from professional and specialized services to fixed assets - equipment in order to provide an appropriation for the purchase of a mask, breathing apparatus and tank for the jail in order to comply with the California Administrative Code. APPROVED ERNIE KATZDORN RENEWAL OF VARIANCE TO SECTIONS 19-YO AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON AP 65-07-30, P. 0. BOX 617 EAST SIDE OF DE SABLA STORE MAGALIA ZONING "TM-5" On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the Ernie Katzdorn renewal of variance to sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on :AP 65-07-30, P. 0. Box 617 (east side of DeSabla Store), Magalia; zoning "TM-5" was approved. APPROVED 1979-80 HEALTH SERVICES AGREEMENT AS RE UIRED BY AB 8 On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the 1979-80 Health Services Agreement as required by AS 8 is~. a revenue agreement that provides $395,400 state funding and $486,389 representing the payment of one state dollar for each county dollar expended for county health services was approved and authorize the Chairman to sign. 20~ TREASURER-TAX COLLECTOR ITEMS On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the following items were approved: 1. Roy Bowersox - Claim for refund on AP 005-09-3-008-0' 2. Richard G. Whiting - Penalty relief on AP 64-67-14 3. Robert L. Worley =- Claim for refund on AP 61-31-0-26 Page 190 February 5, 1980 80- d -______-===February 5,=1980;_==== _____ __--___ The following items were denied. 1. Jerome A. Careaga - Claim for refund on AP 66-19-0-17 2. William Collins - Request for penalty relief on AP 003-27-3-004 3. Francis Mastri - Request for penalty relief on AP 58-21-0-38 4. McRae Enterprises, Inc. - Request for penalty relief on AP 37-07- 0-024-2 and AP 38-07-0-025-2 205 APPROVED CONTRACT CHANGE ORDER dk1 FOR PUBLIC WORKS SKYWAY FAS PROJECT N0. Y742 2 On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, Contract Change Order ~~1 the Skyway FAS Project No. Y742(2) in the increasing amount of $1,064 to provide for installation of an additional culvert for storm drainage runoff was approved and Chairman authorized to sign. 206 APPROVED OROVILLE EXPRESS AGREEMENT AMENDMENT N0. 1 - PUBLIC WORKS On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, Amendment No. I of the Oroville Express agreement restructuring the zone system and creating an additional zone was approved and the Chairman authorized to sign. 207 AUTHORIZED OWNER OF LOTS 18 AND 19, HEGAN RIDGE COUNTRY SUBDIVISION TO CROSS ONE-FOOT NO-ACCESS STRIP - PUBLIC WORKS On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the removal of one-foot no-access strip in Lots 18 and 19, Hogan Ridge Country Subdivision for the owner of Lots 18 and 19 to cross one-foot no- access strip was authorized. 208 APPROVED LAND CONSERVATION ACT APPLICATIONS FOR: ADAM ESQUON RANCH, ESTATE OF HOWARD BRADX, NEVIS INDUSTRIES, LANGERWERF DAIRY INC., VERLYN R. AND MARILYN D. JOHNSON AND JAMES R. LEWIS ORCHARDS, INC. On motion of Supervisor~Wheeler, seconded by Supervisor Dolan and carried, the Land Conservation Act applications as follows were .approved and the Chairman authorized to sign: Adam Esquon Ranch Estate of Howard Brady Nevis Industries Langerwerf Dairy Inc. Verlyn R. and Marilyn D. Johnson James R. Lewis Orchards, Inc. 209 ADOPT ORDINANCE 2075: WAIVED SECOND- READING AND ADOPTED ORDINANCE AMENDING SECTION 24-21.28 OF CHAPTER 24 OF BUTTE COUNTY CODE RE: MOBILE HOMES On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, waived the second reading of an Ordinance and adopted Ordinance 2075 amending Section 24-21.28 of Chapter 24 of the Butte County Code relative to mobile homes, 210 CONTINUED TO FEBRUARY 19, 1980 THE SECOND READING AND ADOPTION OF AN ORDINANCE CORRECTING SECTION 2-25 OF BUTTE COUNTY CODE RE: BOUNDARY CHANGE IN SUPERVISORLAL DISTRICTS 2 AND 3 Dan Blackstock, county counsel, stated there had been a mistake on the previous ordinance. It was hopeful it could be changed as soon as possible as the County Clerk and Elections Office were finalizing the District 2 and 3 changes. Supervisor Dolan stated she had been aware of the location at the time the previous ordinance had been adopted and did not feel she could honestly vote on this matter. Chairman Lemke held the waiving of the second reading of an ordinance correcting Section 2-25 of the Gounty Code relative to boundary change in Supervisorial Districts 2 and 3: ''~ Page 191 February 5, 1980 _ _February 5, 19_80 80' .211 WAIVED THE FIRST READING OF AN ORDINANCE ADDING SECTION 15-27.5 TO BUTTE COUNTY 'b CODE AUTHORIZING SHERIFF TO ENTER INTO WORK FURLOUGH AGREEMENTS WITH OTHER COUNTIES On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the waiving of the first reading of an ordinance adding Section 17-27.5 to the Butte County Code authorize the Sheriff to enter into work furlough agreements with other counties was approved. 212 CONTINUED TO FEBRUARY 19, 1980 THE ADOPTION OF A RESOLUTION SETTING FEES FOR REGISTRATION OF PEST CONTROI.AIRCRAFT PILOTS, PEST CONTROL ADVISORS AND PEST CONTROL OPERATORS TN BUTTE COUNTY Joe Bandy, agricultural commissioner, set out the background on the proposed resolution setting fees for registration of pest control aircraft pilots, pest control advisors and pest control operators in the County of Butte. It is a State law requirement for pesticide control. The changing regulations require the operators and pilots to register. The cost no way off-sets the law requirements. They must register in the county. This county does not have a schedule of fees, he provided a list of other counties fees. The operators must provide certain information such as emergency medical care and proper storage and disposal of pesticides. The fees will modify the costs or the County will absorb the costs. It is a California Food and Agriculture Code. Mr. Bandy set out the figures of the regulations and those registered for the various years. They anticipate 40 to 45 pest control pilots this year. This is time consuming. It puts staff in the office handling paper when they should be in the field. Supervisor Wheeler stated this is another program the state is shoving down their throats. She stated she would not vote for this resolution today. Mr. Bandy stated the law requires the application by January 1, 1980, They would make it retroactive. Continued to February 19, 1980 the proposed resolution for action. RECESS: 12:16 p.m. RECONVENE: 1:45 p.m. 213 PRESENTATION OF CHILD ABUSE STEERING COMMITTEE CONCERNING THE CONTINUANCE OF PARENTAL STRESS PROGRAM Dr. Larry Miller was appearing as designate representative by the Child Abuse Steering Committee. Dr. Miller was concerned about the dire consequences for children in our county if they are not d•elt with in the near future. There are over 100 people who meet and deal with the child abuse in the county. It was organized within this county in 1975. Tkzere are about 40 professional people meeting every month to coordinate the private and county factor. They have a teaching program for people who deal with children and child abuse. Service clubs have had presentations. They have held a very successful seminar at the Holiday Inn in Chico. It is considered one of the best in the nation. Dr, Miller set out the areas that are covered under the child abuse program. Dr, Miller set out the types of abuse which are handled. There was an 51~ increase of reports in 1978 over 1979. Families come into the protective agency and stay for -counseling and other services until it can be dealt with effectively. This can be for a period of 2, 3 to 4 years. The Child Abuse Steering Committee oversees and works with the private sector. Child abuse programs did not get started until the late 60's. Parental Stress is funded through the CCCJ program. Child Protection Services have no resources for the staff. The CCCJ funds are being withdrawn in April of this year. The program deals with 320 families in Butte County and there are 40 families on the waiting list. Without the backing of family services the children would not be able to endure the judicial process. Clients cannot afford this type of counseling. The Steering Co.~.t~~2would like the Board of Supervisors to February 5, 1980 February 5, 198_0=___ W _____~__________ 80- address the problem of funding the Parental .Stress Program. To go to J b various sectors and come back in the near future before the March 4 meeting with some solution to allow the Child Abuse Program to survive. Chairman Lemke stated that he was leaving a heavy burden upon them. Dan Blackstock, county counsel, stated physical. sexual abuse would be a felony. Cases are sent down to Vacaville for diagnostic testing and come back to court depending upon the outcome. Mr, Blackstock set out the procedure for offenders. Chairman Lemke stated he would bring this program to the Nine Northern California Counties Supervisors' Association meeting as a plank. Dr. Miller stated the present budget is $100,000... Mike Pyeatt, assistant administrative officer, stated there were no plans for possible reform through CCCJ. - Bob. Crisan, welfare director, stated two years ago his office assumed the contract under their department. They were notified at that time it would end in three years. It costs $5,000 per month to operate. Chairman Lemke commended Dr. Miller for his dedication to the program. Dr. Miller is called out at all hours to examine children. This program will not be ignored. by this Board. They will help all they can, he did not know what money is going to be available. Mr. Crisan stated there is to be reorganization in the State Depart- ment of Social Services whole sectiono He is not sure of what money they will receive. It will be according to population or case loads. They have worked on a contract basis and it works quite well. There could be additional funded under Title~20. From the in-home support service they became short changed. In 1978 his office averaged 190 to 200 referrals. Dr. Miller discussed the physiological aspects regarding, mother, father and child.- It is a monumental task educating everyone. These cases appear even in the sophisticated families. He does not have the time to promote for more funding. Mrs. Mitchell, welfare office, set out the juvenile process. There is plea bargaining. They work with counselors__and the !District Attorney. In the last three months they have lost only one case. Mr. Pyeatt stated a couple weeks ago the Welfare Director was discussing this situation with Mr. Mickelson. They plan to get together before the cut off date. They are not going to drop it by any means. 214 DISCUSSION RE: HOUSING AND COMMUNITY DEVELOPMENT PROGRAM ADMINISTRATION Bettye Blair, planning director, stated she had sent. the Board a memo regarding the budgetary deficiency in the HCD program. It appears there is more money available than was first reported. Mr. Johansen would like to be able to bring additional funds available through CETA. Ms. Blair will bring this matter back before the Board on February 19, 1980. Ms. Blair stated there is another proposal regarding the HCD and State Planning Council and approval of Section 701 Comprehensive Planning Assistance Grant to the county in the amount of $11,000. The funds would • require a local match of $5,500 for the development of a computer .based community development monitoring of an evaluation program. It would be conducted between February and July 1980. They will discuss this matter on February 19, 1980; page 193 Eebruary'S, 1980 i February 5, 1980 80- 215- APPROVED APPOINTMENT TO AGRICULTURAL ADVISORY COMMISSION - DISTRICT 4 v On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the appointment of George Tanimoto to the Agricultural Advisory Commission in District 4 was approved. 216 (CONTINUED APPOINTMENTS The following appointments were continued to February 19, 1980: 1. Alternate members to the Community Action Board - Districts 2 and 4. 2. Citizens.. Advisory Committee on Drug Abuse and Alcohol Advisory Board. 3. Mental Health Advisory Board. 217 REPORT FROM COMMITTEE REGARDING 1980-81 BUDGET AND BUDGETING CONCEPTS Chairman Lemke stated there would be a broad over view of what was discussed at the committee meeting regarding the 1980-81 budget and budgeting concepts at this-time. Jim Johansen, auditor, stated they would have an estimated $52 million budget which is $3 million less than the current year. Large road construction is not included in the current year budget. Initially there will be a $5 million deficit if 3arvis II passes. There is $21 million that is in the 90% funded area which the Board has little control aver. $4 million is within the SO-89% funding which leaves little flexibility. The Public Works major category is for restricted use of revenues from various resources such as gasoline taxes. $7 million is motor vehicle in lieu fees. This leaves $20 million which is within the 25% cut area. The impact would be fire and police protection. By deducting the $8 million you are looking at $12 million which is within the 0 - 19% range. You are looking at more like a 40% cut rather than the 10%. The 40% would cut into salaries. He had a draft letter from the committee to send to each department head to prepare three budgets for the fiscal year 1980-51. Because of the unknown and lack of flexibility they feel this procedure will provide them with as much flexibility as they can have under the circumstances. He wanted to keep the basic level of services as they can, The deadline for these reports is March 14. The State because of the complexity will not make a decision as to how much to cut until September or Octobere The Administrative Officer along with the committee will point out use functions. They will meet with department heads on an individual basis in an effort to arrange .priorities. Chairman Lemke suggested a program where an employee made a suggested 10% saving and when the saving has been realized the money be paid out to the employee on a percentage basis. He felt it would be an incentive. Not a request from the Board, He wanted each department head to cooperate in this endeavor as they are looking down the barrel of the gun. Joe Bandy, agricultural commissioner, stated their basic problem was people. To cut 25 - 20 or 15% it is cutting people. There are regulations they are mandated by. They cannot maintain the same level of services with large cuts. They will lose control and the State will take over, Chairman Lemke noted the Butte County Fire Department is already requesting an additional $200,000 minimum. There was concern about what is going to happen as a result of the 5~0%, 75% and 100% budgets. .Arlen Cartwright, department of forestry, stated it would be up to the department. heads to determine the priorities of what is to stay and what is to go. Dan Blackstock, county counsel, stated they should watch to see if the deflater should be denied. In July the legislature will have the new Page 194. February 5, 1980 80- b 218 219 220 221 222 February 5, 1980 lags out andythey will know where they stand. Even with the constitution amendment the state is not in such a dire position. Mr. Blackstoek discussed the effects of Proposition 13 and 4 and the proposed Jarvis TT. He suggested we watch the legislature very closely. After election they will be in a better position to determine what will fly. Some of the larger counties have their own lobbists. There is a large surplus in the county treasury. Mike Yyeatt, assistant administrative officer, stated he would have the financial committee legislature analyzed in relation to the states Jarvis II deficit.. He will send them a copy of the letter. COMMUNICATIONS J. E. Hartman, Oroville. Mr. Hartman writes requesting that the public hear- ing scheduled for February 5 appealing the Valley View Subdivision be continued to a later date. Handled earlier in the meeting. Hearing rescheduled for February 19, 1980 at 10:30 a.m. Robert W. Bramlage, Oroville. Mr. Bramlage writes requesting that the appeal of his tentative parcel map be continued from February 19 to Febr- uary 26, 1980. Hearing rescheduled for February 26, 1980 at 11:45 a.m. David Wilkes, Orland. Mr. Wilkes files a claim for incurred expenses, general damages and punitive damages as a result of alleged damages occurring in Chico on December 26, 1979. See motion following communications. City of Chico. Mayor Evans writes requesting that a committee of the Board attend a meeting in Chico February 13 to discuss-possible rerouting of State Route 32. Appointed Supervisors Dolan and Lemke and Public Works Director Mr. Castleberry. Meeting to begin at 4:00 p.m. State Board of Forestry. The Board writes advising of a public hearing scheduled for March 5 to consider proposed criteria to guide the Director of Forestry in approving county assumption of fire protection responsibilities for state responsibility lands. Referred to Mr. Cartwright at Butte County Fire Department, REJECTED CLAIM OF DAViD WILKES, ORLAND On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the claim from David Wilkes, Orland for incurred expenses, general damages and punitive damages as a result of alleged damages in Chico on December 26, 1979 was rejected. Referred to County Counsel and Risk Management Coordinator. ADDITIONAL COMMUNICATIONS L. G. (Joe Ann) Bakken, Paradises Mrs. Bakken writes supporting the Child Abuse Counseling program and Parental Stress program. Information. Len Bakken, Paradise. Mr. Bakken writes supporting the Child Abuse Counseling program and Parental Stress program. Information; no action taken. Ringel & Associates, Chico, Mr. Croninger writes withdrawing his appeal of the Advisory Agency condition on Carlton Lowers tentative parcel map, AP 42-15-30. Hearing not to be .advertised. LETTER TO BE SENT TO PRIME MINISTER OF CANADA On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the Board is to send a letter to Prime Minister Clark of Ottawa, Ontario Canada in appreciation of their help in releasing the hostages from Tran was approved. ADDITIONAL MATTERS BY BOARD MEMBERS Chairman Lemke questioned] if anyone was available to attend-the Rape Crisis Intervention February 8, 7.`9`80 from 1-4:00 p.m. Page 195 February 5, 1980 80- S 223 224 February 5, 1980 _____________-_~_____~ Chairman Lemke noted the Nine Northern California Supervisors' Association would be meeting in Paradise on Friday and Saturday. ADOPTED RESOLUTION 80-24 AMENDING RESOLUTION 80-19 RE: VEHICLE PARKING AT BUTTE COUNTY ADMINISTRATION CENTER Dan Black stock, county counsel, stated Bill Chef of Public Works felt a painted crosswalk would cause reliance upon the crosswalk and it would lead to problems. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, Resolution 80-24 amending Resolution 80-19 relative to vehicle parking at the new Administration center was adopted 'and the Chairman authorized to sign. ADDITIONAL ITEM BY BOARD MEMBER Supervisor Wheeler questioned when signs were going to go up noting the Administration Center. Chairman Lemke stated it had been cut at budget time. 225 226 Supervisor Wheeler stated she felt it was more expensive to stop at all the different departments and detain the County employees for 5-10 minutes each time. ADOPTED RESOLUTION 80-25 AMENDING RULES OF NOTICE AND PROCEDURE OF THE ASSESSMENT APPEALS BOARD Dan Blackstock, county counsel, stated there was two changes. The Findings of Fact was changed from $10 per parcel to a total of $50 and changing the court reporter fees from $55 to $75. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, Resolution 80-25 amending the rules of notice and procedure of the Butte County Assessment Appeals Board was adopted and the Chairman authorized to sign. PLANNING DEPARTMENT TO SEND LETTER TO DONALD DERSCHLAG RE: USE PERMIT FOR A MOBILE HOME PARK There was discussion regarding returning fees to Donald Derschlag for the use permit he-~appiied for in the "TM-5" zone. It should be pointed out once it has gone to hearing there is no refund of fees. The hearing date 'of February 26, 1980 at 11:15 a.m. was vacated. County Counsel and the Planning Department are to write the applicant a letter. ADJOURNMENT There being nothing further to be heard before the Board, the meeting was adjourned at 3:32 p.m. to reconvene Februar 9, 1980 at 9:00 a.m. as February 12, 1980 is a holiday for the County. Chaff an, Board of Supervisors ATTEST: CLARK A. NELSON, COUNTY CLERK- RECORDER and ex-officio Clerk of the Butte County Board of Supervisors ~~ By:_ -~ Page. l96 February"5, 1980