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HomeMy WebLinkAboutM022878February 28, 1978 78-379 ADOPT ORDINANCE 1905: ORDINANCE ERCLUDING PARCEL OF OLETA PATE HORNING AND DORIS SULLIVAN PATE, 480 ACRES IN THE CRAIG-MOORETOWN RIDGE DISTRICT, "! SECTION 27. T20N, R6E. MDB&M Gerald Hermansen, attorney for Mrs. Horning, stated that Mrs. Horning had received word that her property was to be in the TM-20 zoning being proposed for the Craig-Mooretown Ridge area. Mrs. Horning received word that her property had been included in the TPZ zoning. Mrs. Horning ', had not been notified of the hearing. The law required that all property owner s, be notified by certified mail by the Assessor that their property was being included on List B, She did not receive the notices because the property was purchased after the date of notice. The Planning Commission recommended the property be in the TM-20 zoning. The property was rezoned to TP-160 zoning on January 3i, 1978. Mrs. Horning would ' like to have her property excluded from the TPZ zoning. On motion of Supervisor Richter, seconded by Supervisor Moseley ', and unanimously carried, there was an error made and the property was inadvertently and mistakeningly placed in the TPZ-160 zoning when it was the intent of the board and the Planning Commission that it should be considered at the time of the Craig-Mooretown Ridge rezone for TM-20; ', Ordinance 1905 was adopted excluding the parcel of Oleta Pate Horning ' and Doris Sullivan Pate, 480 acres in the Craig-Moor town Ridge district, section 27, T20N, R6E, NIDB&M and the Chairman authorized to sign. 'SO The other requests for exclusion from the timber preservation zoning was referred to the hearing later in the meeting. 78-380 ADMINISTRATIVE OFFICER INSTRUCTED TO INSURE THE FUNDS ARE AVAILABLE ' WITHIN THE SHERIFF`S BUDGET FOR AUTOMATED INFORMATION S'SiSTEM Supervisor Madigan stated that the board had received a memo from the Auditor pertaining toe funds available for automated information system out of the Sheriff's budget. Supervisor Madigan stated that the ', request should be looked at in light of the fact that there will not be enough funds in salaries to cover the system. It was moved by Supervisor Madigan, seconded by Supervisor Moseley that the action of February 21, 1978 be rescinded until more conclusive information can be obtained, ', Mr. Mickelson stated that the system had not been processed. ', The Sheriff's budget shows $29,000 short in regular help. There is $23,000 over in incarcerations. At budget time the board added deputies over what ', was proposed and did not add funds. Overtime and extra help has a surplus. There are two major issues that are going to come to the board. There is ' a new state law as to the Coroner cost that will be an additional $30,000 to $40,000. The Sheriff has had heavy prisoner medical and dental expenses. Supervisor Richter stated that he supported the program. The money was transferred out of salaries to cover the system. If there is no money to transfer out of salaries and it has to come out of the reserve ', this would be very upsetting, Supervisor Richter stated that the Administrative Officer should not process the contract unless there are sufficient funds available. The contract could be processed if there are sufficient funds. Roll call on the motion taken at this time. AYES: Supervisor Madigan NOES: Supervisors Lemke, Moseley, Richter and Chairman Winston MOTION FAILS. Page 271. February 28, 1978 February 28, 1978 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The Administrative Officer was instructed to insure that the money is available within the budget before the contract is processed, MEMBERS OF LAS PLUMAS HIGH SCHOOL INTRODUCED 78-381 ADOPT ORDINANCE 1906: PUBLIC HEARING: EXTENSION OF INTERIM C-2 (GENE3.2AL COMMERCIAL) THA'~ $OR~iON OF PROPERTY NOT WITHIN THE CITY LTMTTS OF CHTCO LOCATED ON BOTH SIDES 0~ MANGROVE AVENUE, BETWEEN EAST 1ST AVENUE AND EAST 5TH AVENUE, CHICO The public hearing on extension of Interim C-2 (general commercial) that portion of property not within the city limits of Chico located on both sides of Mangrove Avenue, between East 1st Avenue and East 5th Avenue, Chico was held as advertised. Jim Lawson, planning director, set out the background of the extension. Hearing open to the public. Appearing: 1. Biil Kaywood. Mr. Kaywood stated that he was not aware of any changes in the zoning. Mr. Kaywood stated that he thought that the property was commercial zoning in the first place. 2. Virginia Conger. Mrs. Conger stated that if the area is going to be zoned commercial then the county should maintain the road. Supervisor Richter stated that there is no provision in the county budget for maintaining the alley. The only solution other than the property owners doing the work would be to annex to the City of Chico. The alley would be graded. The alley cannot be maintained because it is not a road. 3, Walter Ealy. Mr. Ealy asked if his property was included. Mr. Lawson showed Mr. Ealy where the Interim zoning would be. 4. Tim Conger. Mro Conger asked to look at the map. Hearing closed to the public and confined to the board. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the extension of Interim C-2 (general commercial) that portion of property not within the city limits of Chico located on both sides of Mangrove Avenue, between East 1st Avenue and East 5th Avenue, Chico was approved for a period of eight months; Ordinance 1906 was adopted and the Chairman authorized to sign. 78-382 ADOPT ORDINANCE 1907: PUBLIC HEARING EXTENSION OF INTERIM M-1 (LIGHT INDUSTRIAL) PROPERTY LOCATED WEST OF COHASSET ROAD, SOUTH OF SYCAMORE CREEK, NORTH OF FRONTIER CIRCLE AND EAST OF THE DRAINAGE EASEMENT, CHIGO The public hearing on extension of Interim M-1 (light industrial) property located west of Cohasset Road, south of Sycamore Creek, north of Frontier Circle and east of the drainage easement, Chico was held as advertised. Jim Lawson, planning director, set out the background of the zoning. Hearing open to the publico Appearing: Erma Hawkingo Mso Hawkins questioned whether her property was included in the Interim, She was told that her property was not. Hearing closed to the public and confined to the board. On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, the extension of Interim M-1 (light industrial) Page 272. February 28, 1978 February 28, 1978 property located west of Cohasset Road, south of Sycamore Creek, north of Frontier Circle and East of the drainage easement, Chico was approved for a period of eight months; Ordinance 1907 was adopted and the Chairman authorized to sign. 78-383 PUBLIC HEARING: CONSIDERATION OF NEGATIVE DECLARATION FOR CONSTRUCTION AND REMODELING ON THE NORD FIRE STATION The public hearing on consideration of a negative declaration for construction and remodeling on the Nord Fire Station was held as advertised. Earl Nelson, environmental review director, set out the background of the negative declaration. 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 Moseley and unanimously carried, on the basis of this initial evaluation, finding the proposed project could not have a significant effect on the environment, a negative declaration was adopted. 78-384 APPROVE BUDGET TRANSFERS On motion of Supervisor Moseley, seconded by Supervisor Richter and unanimously carried, the following budget transfers were approved: 8-099 Public Defender. Transfers $15,000 from appropriations for contingencies, general fund to professional and specialized services to establish appropriations for six months payment on Public Defender conflict of interest contract. B-102 Public Guardian. Transfers $50'from maintenance - equipment to professional and specialized services to cover deficit covered by expert witness testimony. B-103 Chico Marshall. Transfers $700 from office expense to extra help to cover extra help deficit and provide appropriation for the remainder of the fiscal year due to current trend and increased workload. 8-104 Personnel. Establishes a $700 appropriation to reimburse BCEA for labor relations seminar costs; the funds come from unanticipated revenue, IPA grant approved by State of California July 1977. B-114 Probation Department. Transfers funds from professional and specialized services and other transportation and traveltto provide $2,/+80.11 for extra help to cover additional typist clerk position required due to increased workload. B-115 Health Services/Environmental Health. Transfers $913.56 to increase extra help account $463.56 and overtime account $450 to cover unanticipated extra help and overtime expenses due to staff illnesses and vacancies. In additionstransfers $1,150 from transportation and travel to increase office expense $950 and special departmental expense $200 to cover increased expenditures for office supplies, printing and duplicating; and film supplies due to staff increases and the addition of new services and permits. B-116 Mental Health/General Services. Transfers $480 from household expense to memberships to provide an appropriation to cover payment for dues to the Butte-Glenn Medical Society for the current fiscal year. Page 273. February 28, 1978 February 28, 1978 8-117 Count Counsel. Transfers $25.57 from professional and specialized services to fixed assets to cover additional costs for equipment previously authorized. B-120 Public Works. Transfers $10,b19.92 from appropriations for Coutolenc Road to miscellaneous street widening - Chico to prmvide funds to complete work on the projects. B-121 Public Works. Transfers $70,000 from the Buschman - Clark Road project and $75,000 from the Skyway - Buschman project to establish an appropriation of $145,000 for the Pearson Road projects These are special transportation funds and have been previously approved by BCAG. 78-385 APPROVE GRANT MODIFICATION FOR CETA TITLE I GRANTS FROM FISCAL YEAR 1977 TO FISCAL YEAR 1976 GRANT On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carxied, the transfer of $412 and a grant modification for CETA Title I grants for fiscal yeax 1977 to fiscal year 1976 grant to adjust program expenditures for the on-the-job txaining subcontract with. the Employment Development Department was approved and the Personnel Director authorized to sign. 78-386 APPROVE PLANS ANA SPECIFICATIONS: AUTHORIZED NOTICE TO CONTRACTORS TO CALL FOR BIDS - NORD FTR'E STATION REMODEL On motion o£ Supervisor ?Madigan, seconded by Supervisor Richter and unanimously carxied, the plans and specifications for the Nord Fire Station remodel were approved; the Administrative Officer authorized to advertise notice to contractors to call for bids with bid opening set fox March 29, 1978 at 2:30 p.m, at the Butte County Purchasing Office, 2255 Del Oro, Oroville< 78-387 APPROVE CHICO WORK TRAINING CENTER CONTRACT On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, the Chico Work Training Center contract authorizing the Center to use the remaining $27,079.70 of their $83,700 appropriation was approved and the Chairman authorized to sign, 78-388 APPROPRIATE $14,653 FROM REVENUE SHARING FOR PARADISE REMODEL/ADDITION PR03ECT On motion of Supervisor Moseley, seconded by Supervisor Zemke and unanimously carried, $14,653 was appropriated from fevenue sharing for the Paradise remodel/addition project. 78-389 AWARD BID - PARADISE ADDITION On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the bid for the Paradise addition in the amount of $106,880 was awarded to Fisci Bros., Inc., Paradise and the Administrative Officer was authorized to issue a notice to proceed. 78-390 RECONSIDERATION OF DENIAL OF APPLICATION FOR INCLUSION OF LAND HELD IN THE LAND CONSERVATION ACT - MR. IiAROLD BICKLEY - TAKEN OFF AGENDA Reconsideration of the denial of application for inclusion of land held in the Land Conservation Act for Mro Harold Bickley was taken off the agenda. 78-391 AUTHORIZE PURCHASE IBM SELECTRIC, 15-1/2 INCH CARRIAGE TYPEWRITER, DUAL PITCH - EXECUTIVE DIRECTOR - SPECIAL PROGRAMS On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the purchase of an IBM selectric, 15-1/2 inch carriage typewriter, dual pitch in the amount of $774 was approved for the Executive Director, Special Pro r ms, EOC. Page ~7~+. February 28, 1978 February 28, 1978 78-392 AUTHORIZE TRANSFER FROM THE SECURED ROLL OF 1974-75 THROUGH 1977-78 v TO THE UNSECURED ROLL AP 039-08-043 - ESCAPE FROM SECURED ROLL On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, transfer from the secuxed roll of 1974-75 through 1977-78 to the unsecured roll on AP 039-OS-043, with the total escapement of $6,300 was authorized. 78-393 DISCUSSION: RENEWAL OF VARIANCE TO SECTION 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON AP 66-36-26, NIMSHEW ROAD. MAGALIA - LORRAiNE MILLER Howard Toussaint, sanitarian, stated that an inspection of the property was made on February 3, 1978. Mrs. Miller advised the inspector that her mother was in a nursing home and wanted to continue the Aunt Minnie in case her mother was able to return to her home. Mr. Toussaint stated that he felt this was a legitimate request for the renewal of the variance. The matter is continued to laterzin the meeting. 78-394 ADOPT ORDINANCE 1908: PUBLIC HEARING: RUSSELL GUIVER - APPEAL OF PLANNING COMMISSION'S DENIAL OF A REZONE FROM CONII~2ERCIAL TO PLANNED AREA- CLUSTER TO ALLOW A CONDOMINIUM MOBILE HOME DEVELOPMENT ON PROPERTY LOCATED ON THE SOUTHWEST CORNER OF OLIVE HIGHWAY AND WYANDOTTE MINERS RANCH ROAD (THE OAKS), AP 34-50-24, 25 AND 29, CONTAINING 55 ACRES, MORE OR LESS, OROVILLE The public hearing on Russell Guiver consideration of a negative declaration and appeal of the Planning Commission's denial of a rezone from C-1 (light commercial) and C-2 (general commercial} to PA-C (planned area- cluster) to allow a condominium mobile home development on property located en the southwest corner of Olive Highway and Wyandotte Miners Ranch Road, (The Oaks), AP 34-50-24, 25 and 29, containing 55 acres more or less, Oroville was held as advertised. Tim Lawson, planning director, set out the background of the appeal. The Manning Commission voted 4 to 1 to deny the rezone request. The main concern was the location of the existing utilities in the mobile home park. Chairman Winston stated that in the minutes of the Planning Commission the findings that it is not a proper zone was made. The General Plan shows as low density. Mr. Lawson stated they were concerned with the lot design itself. The people in the mobile home park are disturbed. Mr. Lawson stated that he did not think the commission was satisfied with Public Work's answers as to whether the subdivision submitted at the density would be improved to standards. The concern was with the maintenance of the roads and the placement of the utilities. The conditions of the roads and street lights need improving. The commission also considered the people residing in the park. Earl Nelson, environmental review director, set out the background of the negative declaration. Hearing on the negative declaration open to the public. Appearing: William Holding, Golden State Mobile Homeowners Association. Mr. Holding stated that the negative declaration had considered the topography, animals and pollution. There was no mention of the negative impact this would have on the people living in the park. Supervisor Richter stated anx:environmental impact report should not be required when a person decides to sell his property instead of renting it. Page 275. February 28, 1978 February 28, 1978 Hearing closed to the public and confined to the board. On motion of Supervisor,Moseley, seconded by Supervisor Richter and unanimously carried, finding the proposed project could not have a significant effect on the environment, a negative declaration was recommended. Hearing on the rezone open to the public. Appearing: RECESS: 10:13 a.m. RECONVENE: 10:20 a.m. 1, Everd McCain. Mr. McCain stated that he suggested minor changes in the map. There is concern regarding the existing utility lines and how to handle them. Mr, McCain showed the board a detailed aerial of the area. This will be used in determining the existing utility lines. Mr. McCain stated that the developer is going to have to find out where the utilities are located. There are anticipated problems in crossing potential lot lines and those lines under the coaches. Mr. McCain stated that same utility line will have to be relocated and included in the easements. Minox lot line adjustments will have to be made. All of the relocations of the utility lines would have to be done to determine the estimated cost before the final map could be recorded. Mr. McCain set out the changes he would like made in the list of conditions: 1. Change the last word in the paragraph from zoning to subdivision final map. 3. Change homeowners association or similar entity to formation of an assessment district or county service area ar similar entity or ;:~~communtysrservice district. 4. Sewage be turned over to North Burbank Public Utility District if practical and if not practical be improved to the standards of the Environmental Health Department. 16> Add a comma at the end of the sentence and add incorporate existing street lighting to the fullest extent possible. Supervisor Richter questioned Counsel regarding changing of lot lines on the map. Dan Blackstock, county counsel, stated that the complete plan has to be shown. The basic rational for the type of zoning is pre-planned. Clay Castleberry, public works director, stated that before a final map is recorded all agreements and bond guarantees must be signed. Mr. Castleberry stated that there would have to be a bid for that completai work and a bond in hand before the map was recorded. Mr. Blackstock stated that under no circumstances should the county be involved in maintaining or operation of portions of a sewer. Mr. Blackstock stated that he was recommending that the county stay out of the sewer business. North Burbank Utility District could handle the sewer. 2. William Holding, Paradiseo Mr. Holding stated that on January 19, 1978 Mr. McCain and Mr. Giver agreed to the 19 conditionso Mr. Holding stated that the rezone should be denied because of inadequate Page 276. February 28, 1978 February 28, 1978 lots and pot holes in the roads. There is inadequate lighting. Mr. Holding stated that the people would not get clear title to the property. There is a letter to the board containing 56 signatures against the rezoned 3. Ralph Beemer, Mr. Beemer stated he has worked with Mr. Holding and the people in the mobile home park.. Mr. Beemer stated that in the beginning the board approved the permit for the mobile home park. The State is to have an inspector on mobile home parks. If the utility lines run under the coaches, this is a violation of Title 25 of the mobile home park act. Mr. Beemer stated that there is an obligation to the people as to whatliappenea with the use permit and the services the park owner was to give to the tenants. Now he wants to unload this on the tenants. 4. Allen Lawrie. Mr. Lawrie stated that there is a drainage situation that has existed for the past three years. Mr. Lawrie was opposed to the rezone. 5. Bili Gibbler. Mr. Gibbler stated that ha was with the Lake Oroville Chapter of the Galden State Mobile Homeowners Association. Mr. Gibbler stated that there were xeasons that the Planning Commission turned the rezone down. There are several serious things that have not been done. The property lines have not been monumented. Mr. Gibbler questioned the board on the right of Mr. Guiver to serve notices. Hearing closed to the public and confined to the board. Chairman Winston stated that the Subdivision Committee placed 16 conditions on the map to be brought up to standards. Supervisor Richter stated that the board could take~an~ ~. -~c7tion,:even.Ff the tenants would have to move. The subdivision proposals meet standards. No map can be filed prior to a guarantee bond, Supervisor Richter stated that Mr. Guiver has agreed to move all of the utilities necessary. Supervisor Lemke stated that he wondered if the board was setting a precedent. Someone can come in with a mobile home park and later on slip in a subdivision which might not have been approved. On motion of Supervisor Richter, seconded by Supervisor Moseley and carried, the appeal was upheld by the board and the PAC zoning was granted and the following conditions were approved: 1. No map be filed prior to all utilities being rearranged or moved before the map is recorded and/or that this be done on a bond for performance and labor and materials covering the cost of all required improvements and utility relocations being submitted to the county. 2. A 20 ft. minimum setback be established on all streets as designated on'plan A". The existing units encroaching upon this setback will be allowed to remain as located but new installations would be subject to setback requirementso 3. The sewage lift station and discharge lines be turned over to North Burbank Public Utility District for maintenance and operation. The water lines be turned over to OWID for maintenance and operation. 4. The Home Owners Association operate and maintain the two swimming pools. 5. Provide a 20 ft. property line returns at all street intersections or a lesser radius as appxo~de,b`~+7~C~i~ Department of Public Works. Page 277. February 28, 1978 February 28, 1978 . ~ . . _ ~ _ _ ~ ~ _ . _ _ . . _ c . ~ ~ . ... . G C . . 6. Right-of-way be provided along the southerly boundary for future extension of Blakeslee Drive of sufficient width to allow for the construction of a two-way toad without acquisition of additional right-of-way from the adjacent-property on the south. 7. Blakeslee Drive be constructed to full street section from Wyandotte Miners. Ranch Road to the east line of the property to RS-3 local access standard, Minimum structural section to be 2" AC and 8" AB with fog seal and 95% relative compaction. Submit design to County Dept. of Public Works for approval. "R" value determinations and other data may be required to support section design. 8. Public utility easements be reserved over all the roads and all utility easements that are being set up around the existing lots. 9. Submit drainage plans to the Dept. of Public Works for approval and install the required facilities. 10. Street signs shall be provided by the developer at all street intersections per County requirements. (Submit 5 alternate street names for each street to the County address coordinator for approval of street names). 11. Construct all interior roads to RS-3-minor road equivalent structural standard. 12. Provide monumentation as required by the Dept. of Public Works in accordance with accepted standards. 13. Provide Home Owners agreement. 14. Meet requirements of Butte County Fire Dept. or other responsible agency. 15. Street lighting shall be provided in accordance with Butte County requirements accepted design criteria and recommendations of PG&E, incorporating existing street lighting as far as possible. 16. Provide permanent solution for drainage. 17. The lot coverage be as designated on the approved development plan, "Plan A". 18. All utilities to be relocated as required so that the lot coverage designated on "Plan A" is not encumbered by utility easement. Ordinance 1908 was adopted and the Chaixv~an authorized to sign. AYES: Supervisors Moseley, Richter and Chairman Winston. NOES: Supervisors Lemke and Madiga^ RECESS: 11:35 a.m. RECONVENE: 11:40 a.m. 78-395 PUBLIC HEARING: TIMBER PRESERVE ZONE - REZONE TO "TP-160" (TIMBER LAND PRESERVE) ZONE PORTIONS OF EASTERN BUTTE COUNTY, CONTAINING 14,630 ACRES OR 22,86 SQUARE MILES, MORE OR LESS - CONSIDERATION OF ADDITIONAL PARCELS TO BE INCLUDED AS REQUESTED BY DIAMOND INTERNATIONAL. The continued public hearing on the timber preserve zone rezone to "TP-160" (timber land preserve) zone portions of eastern Butte County, containing 14,630 acres or 22.86 square miles, more or less, consideration of additional parcels to be i~cluded~ as requested by Diamond International was held as continued. ~ Page 278, February 28, 1978 February 28, 1978 Jim Lawson, planning director, skated that the hearing was continued to insure that everyone had received notices. Everyone has been notified for this hearing. There have been three replies. Counsel sent a memo to the board on his opinion of property rights. Hearing open to the publico Appearing: 1. Michael Heneyke, representing Arthur Graff. Mr. Heneyke stated that Mr. Graff requested that his property be excluded.. Itr:is AP 056-23-0-028-0. 2. Mr. Colman. Mr, Colman stated that he wanted to make sure that his property. was still excluded from the zoning. 3. Bob Barrett, Diamond International. Mr. Barrett stated that he had received a copy of the letter Mr. Blackstock had sent to the board. Mr, Barrett asked how and why the county could exclude part of the law that says if the land is assessed as timber as of March, 1976 it must be placed on the list, Mr. Blackstock stated that the list was prepared by the Assessor as to the highest and best use, In their list it was not their opinion that these parcels had a highest and best use as timberland. Leonard Chollet, Assessor's Office, stated that the property in question had an assessed value for timber, for Diamond International, and an assessed value for the land, for the property owner, The Assessor's Office arrived at the highest and best use for the land as being that of the fee title owner. This far exceeds the value of the timber rights. interest. Mr. Barrett stated that timber is exempt that is the possessory 4. Clifford Larsen. Mr. Larsen stated that he wanted to make sure that his property was deleted. 5. Virgil Cole. Mr. Cole stated that he would like his property exempted. Mr. Cole stated that his son; ,Gary Cole, would also like his property exempted. Hearing closed to the public and confined to the board. It was moved by Supervisor Lemke, seconded by Supervisor Richter that the following parcels be excluded from the TP-160 zoning: Arthur James Graff AP 056-23-028-0 Ming N. Chang AP 056-20-022-0 Dale E. and Lola G. Parlier AP 056-23-027-0 Louis M. and Diane E. Anderson AP 060-19-0-004-0 Virgil 5. Cole AP 059-14-0-025-0 Gary L. Cole AP 059-14-0-026-0 Mr. Blackstock stated that the board has adopted an ordinance. There is a request by Diamond International to have their parcels included on List B. Mr. Blackstock stated that he recommended that the board deny the request. Motion withdrawn. On motion of Supervisor Richter, seconded by Supervisor Zemke and unanimously carried, the request of Diamond International to include the supplemental list of parcel on List B was denied and the parcels were excluded, Page 279. February 28, 1978 February 28, 1978 78-396 APPEARANCE: RON GRAVES, OROVTLLE Mr. Graves stated that the board had put the parcels of Jack McLaughlin back into one parcel, Mr. Graves stated that Mr. McLaughlin had violated the Subdivision Map Act and was fined for this. Mr. McLaughlin was trying to make the lots legal lots. Mr, Graves stated that they were advised that the lots would not require a soils test. Mr. Graves stated that Mr. McLaughlin was trying to make the lots legal lots. The public report was 80% completed. Mr. Graves stated that he approached Mro Parker about having the certificate of compliance fees waived. He was told that the board had the authority to waive the fees. The board directed that the property revert back to one acre parcels. Mr. Graves stated that he is seeking relief. Mac Parker, Public Works Department, stated that at~the time the Subdivision was unaware that the property itas going to end up in two parties nameso The names on the record of survey were innocent purchasers. Mr. Graves stated that the reason for this was with the blessing of the District Attorney's offices The property has been deeded back to the original ownero Mr. Graves stated that if Mr. McLaughlin had to file a map at the present time he could not go in and gravel and put in culverts. Mr. Graves stated that had this been known last summer there would not have been $15,000 spent. The matter is continued to March 7, 1978 for a report back frvm«~the meeting of Counsel, Public Works, Environmental Health and Mr. Graves. 78-397 APPEARANCE: DON BLAKE, BUTTE COUNTY WATER ADVISORY COMNfETTEE Mr. Blake stated that he would like the public to know that the Committee meets on the first and third Tuesdays of every month in the Staff Room at Butte College at 7:30 p.m. The next meeting will be concerning the option for purchase of all of Butte County entitlement. 78-398 APPEARANCE: TIM CONGER Mr. Conger stated that his property was in the Interim C-2 area. Twenty-five feet of his property would be in the C-2 zoning. Mr. Conger was advised to go to the Planning Department to find out where his property is involved with. the zoning. 78-399 APPEARANCE: SAM GARDNER HURLETON SWEDES FLAT ROAD Mr. Gardner questioned S:ugervisor Moseley regarding possible solutions she may have come up with. Supervisor Moseley stated that she was still working on the problem and would be. in touch with Mro Gardner as soon as she has some answers. Mr, Gardner asked if the roads in the Black Bart area had been brought µp to county standards in the area of the illegal splits. Mro Parker stated that the work had not been completed. Mr, Parker stated that he makes the final inspection. He does not have control over the scheduling of the work or the money as if it were a county project. Mr. Parker is to check into the matter. Page 280, February 28, 1978 February 28, 1978 RECESS: 12:25 ~3.m. RECONVENE: 1:30 p.m. 78-400 DENY RENEWAL OF VARIANCE - LORRAINE MILLER Howard Toussaint, Sanitarian, set out the background of the renewal. There would be nothing wrong with Mrs. Miller selling the mobile home as long as the property was not split. Appearing: Mrs. Butler> Mrs. Butler stated that she sympathized with Mrso Millero Mrs. Butler stated that Mrs. Miller's mother had died on Friday and the variance was no longer needed. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the renewal of variance to Section 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 66-36-26, Nimshew Road, Magalia was denied, 78-401 APPROVE RENEWAL OF VARIANCES On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the following were approved for a one year period: le Floyd Ridenour - renewal of variance to Section 19-10 and/or 19-12 0£ the Butte County Code for placement of a mobile home on AP 39-31-03, Northgraves Avenue, Chico. Zoning: A-10. 20 Lawrence Towner - renewal of variance to Section I9-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 40-30-001, Durham. Zoning: A-5. 78-402 DISCUSSION: CONSIDERATION OF PROBATION OFFICER'S REQUEST FOR RELIEF FROM CASH SHORTAGE Discussion of consideration of the Probation Officer's request for relief from cash shortage had at this time. . Bill Lawrence, auditor, stated that he has tried to explain the situation to the board as to whey the board should give further consideration to this matter. The matter has been transferred to the collection agency and the money has been paid to Mr, Gott, Chairman Winston stated that both the District Attorney and the Auditor feel there was no gross negligence involved. Mr. Lawrence read the definition of gross negligence to the b oard at this time, Mr. Lawrence stated that the loss of the money was carelessness not negligence. Time spent discussing the definition of negligence. Chairman Winston stated that the board should agree with the District Attorney and the Auditor and grant relief. Supervisor Madigan stated that he would like to have a report from the Police Department on the matter. Counsel is to send to the board a definition of negligence and court decisions of how it is interpreted, The matter is continued to March 7, 1978 with a report back from Administration on an updated report from the Police Department. Page 281. February 28, 1978 February 28, 1978 78-403 RESCIND ACTION~OF FEBRUARY 14,^1978 RE: BUDGET TRANSFER B-lO1:WAPPROVE BUDGET TRANSFER B-122 LOAN FROM GENERAL FUND RE: WATER SERVICES PURCHASE Bi11 Lawrence, auditor, stated that he was a""sking the board to consider budget transfer B-122, loan from general fund for water services purchase, in lieu of the direction given to the Auditor on February 14, 1978 and appropriate a transfer of sufficient general fund money to provide the money, in B-101. Giif Nickelson, administrative officer, stated that this budget transfer brings in the over realization of revenue until June 30. It would not get to the reserve from contingencies until after June 30. On motion of Supervisox Richter, seconded by Supervisor Moseley and carried, the action of February 14, 1978 regarding B-101 budget-transfer was rescinded and in lieu of 8-101, budget transfer B-122, a loan from the general fund in the amount of $6,014,58 was approved for the budget for water services purchase, 441-01-24. AYES: Supervisors Lemke, Moseley, Richter and Chairman Winston. NOES: Supervisor Madigan. Mr. Lawrence stated that whether you are buying and selling water with or without a water works the board is operating a water system. Mx. Lawrence stated that the board must have a tax measure to appropriate the money, Supervisor Richter asked Counsel if there was any place in the Code of the State of California that allows a local government agency of whatever nature to enter into a contract without the authority to use revenue for that contract? Dan Black stock, county counsel, stated that the answer was nod The contract must be legal at the time. If the county has a water system the board can levy a $.15 tax rate without the vote of the people. If the board wants to submit to the public on the ballot an advisory type question, he would prepare it. Mr. Lawrence stated that if the board had submitted a tax measure to the electorate at the time of the contract there could be no question. Mr, Lawrence stated that the county has a right to operate a water system. The code provides that revenues and sale of water may be used for paying indebtedness, If the county is going to levy a tax, it must be by the people. Mr. Black stock stated that what the board is talking about at this-time is a declaratory relief action and not a Writ of Mandate. Mr. Lawrence stated that he could not say whether he would follow the decision of the court at this timed He would have to see the- decision before he could make that judgment. Time spent discussing the time frame of a Writ of Mandate, Mr. Lawrence stated that he has asked the board to place the matter on the ballot for the people to vote on. It was moved by Supervisor Lemke, seconded by Supervisor Winston that Counsel be asked to commence with the ballot measure for the November election submitting a ballot proposal in the advisory form, should the Board of Supervisors continue to use county funds. Mr. Blackstack stated that he has given the board two different ballot measures, one an advisory form and one for levying a tax rate. Page 282. February 28, 1978 February 28, 1978 Mr. Mickelson stated that the only problem of having the election in .November would be if the Jarvis amendment passes. This would then require a 2/3s vote of the people. Motion withdrawno The matter is continued to March 7, 1978<.to discuss the proposed ballot measureso 78-404 AUTHORIZE PERSONNEL DIRECTOR TO ADMINISTER UNEMPLOYMENT INSURANCE PROGRAM UNDER THE INDIVIDUAL REIMBURSEMENT METHOD: AUTHORIZE AUDITOR TO ESTABLISH AN UNEMPLOYMENT INSURANCE RESERVE ACCOUNT BASED ON 8/IOTkIS OF 1% OF SUBJECT PAYROLL AND TO MAKE REIMBURSEMENTS FOR CLAIMS FROM THIS ACCOUNT Jim Rackerby, personnel director, stated that he had sent a memo to the board on the unemployment insurance. The tax contribution will come to about $750,000 based on a three year cost projection„ The individual reimbursement account contribution would be about $200,000. The local public entity contribution would be $332,000. The cost of the local public entity contribution for the first year would be $136,000. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the Personnel Director was authorized to administer the unemployment insurance program and to notify the State Division of Benefit Reimbursement Method for covering unemployment insurance tax liability; the Auditor was authorized to establish an internal unemployment insurance reserve account based on.8/lOs of 1% of total subject county payroll; the Auditor was authorized to reimburse the Division of Benefit Payments for claims paid against the county's account, 78-405 APPROVE PUBLIC WORKS ITEMS On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, the following Public Works items were approved: 1. Waive requ~:rement to construct a half-street section on certain portions of the Pentz-Magalia Highway, PAC. 2. Approved right~of-way dedication agreement with Mr. James Allen with the following provisions: (a) if the road is widened by county, county will -:relocat~acilities, (b) that no access rights will be obtained or lost, (c) Butte County recognizes existing irrigation and flood waters in the area; and authorized recording of said agreement. 3. Approved plans and specifications for Foothill Blvd. project 21554-77-1; authorized Chairman and Director of Public Works to sign plans, adopted wage scale, and set bid opening for 11:00 a.m., Public Works Department, March 23, 1978. 4. Approved agreement for sale, right of way acquisition, Skyway 51261-77-1 with L. Baptist for Oo29 acres for $442; authorized the Chairman to sign agreement; and authorized the Auditor to issue a warrant upon demand of county's escrow agent. 5..::'Authorized.~.xefund-~ofu$100'to Glen3CoB~rrett!for:wthdrawn application. for determination. 6. Authorized refund of application fee of $100 for Jay and Dottie Plummer for application of determination on AP 47-20-450 7$-406 SET PUBLIC HEARING DATE A public hearing date of March 21, 1978 at 10:00 a.m. was set for Fred M. Haryung, South Thermalito Sub, reversion of acreage on Page 2830 February 28, 1978 February 28, 1978 AP 30-27-3 and 8 located in the unincorporated area of Butte County, consisting of approximately 90 acxes south of Harlin, east of 18th Street, Thermalito having lot lines of the South Thermalito subdivision removed. 78-407 APPROVE L. P. CORPORAN On motion of Supervisor. Richter, seconded by Supervisor Moseley and unanimously carried, the L. P. Corporan final subdivision condominium map was approved. 78-408 REPORT RELATIVE TO COMPLAINT OF ENFORCEMENT OF GARBAGE ORDINANCE REGULATIONS - MECHANICAL DEFECTS OF GARBAGE TRUCKS Dan Blackstock, county counsel, stated that he had checked the garbage collection ordinance. The ordinance does not control either of the alleged defects on the garbage trucks. This is regulated by the CHP. 78-409 WAIVE FIRST READING OF ORDINANCE ADDTNG CRAFTER 32 TO THE BUTTE COUNTY CODE, NUISANCE ORDINANCE Dan Blackstock, county counsel, set out the definition of nuisance. The ordinance would allow for due process. Tt gives 30 days to bring an action, It also provides for a lien on the property for cost of abatement. There is a question in the ordinance as it relates to internal organization. Which department should be responsible for it? The ordinance is not restricting the county departments to having to follow the procedure when there are other procedures already established. Howard Toussaint, sanitarian, stated that he had not~hada chance to talk with Dr. 5vihus regarding the ordinance. Mr. Toussaint questioned the definition of a nuisance. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the first reading of the ordinance adding Chapter 32 of the Butte County Code, nuisance ordinance was waived with the changing of the first sentence on lines 18, 19 and 20 to be whenever the Health Department becomes aware. 78-410 CLARIFICATION OF BOARD INTENTION RE: JIM AND JUNE ARNOLD'S PROPERTY, LaPORTE ROAD The clarification of board intention regarding Jim and June Arnold's property, LaPorte Road was continued to March 7, 1978 at 11:30 a.m. 78-411 ADOPT ORDINANCE 1909: WAIVE SECOND READING ORDINANCE CALLING FOR ELECTION TO CONSOLIDATE THE CLERK AND RECORDER OFFICES On motion of Supervisor Zemke, seconded by Supervisor Richter and carried~,;:,tihe..second,reading: of::ithe.~oYd~nance Balling: for electgn to consolidate the Clerk and Recorder's Offices.,was waived and Ordinance 1909 was adopted and the Chairman authorized to sign. AYES: Supervisors Lemke, Madigan, Richter and Chairman Winston. NOES: Supervisor Moseley. 78-412 APPOINTMENT TO CITIZENS ADVISORY TASK FORCE FOR THE BUTTE COUNTY GENERAL PLAN HOUSING ELEMENT UPDATE CONTINUED TO MARCH 7 1978 The appointment to the Citizens Advisory Task Force for the Butte County General Plan Housing Element Update was continued to March 7, 1978. 78-413 APPOINTMENT TO THE REVENUE SHARJNG COMMITTEE On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, Dair A. Tandy was appointed a member of the Revenue Sharing Committee. Page 284. February 28, 1978 Febxuaxy 28, 1978 78-414 APPOINTMENT TO NEW COMMUNITY DEVELOPMENT ADVISORY COMMITTEE On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, Mert Thomas was appointed a member to the new Community Development Advisoxy Committee. 78-415 APPOINTMENT TO PARADISE CEMETERY DISTRICT CONTINUED~TO MARCH 7 1978 The appointment to the Paradise Cemetery District was continued to March 7, 1978. 78-4I6 APPOINTMENT TO BUTTE COUNTY PLANNING COMMISSION On motion of Supervisor Moseley, seconded by Supervisor Lemke and unanimously carried, Rae Wheeler was appointed a member of the Butte County Planning Commission, 78-417 ADDITIONAL MATTERS PRESENTED BX BOARD MEMBERS Chairman Winston stated that Mrs. Sone Son, 800 Elliott Road, Paradise had pxepared a site far a mobile home. Mrso Son was told on December, 1977 that she gould go ahead and on k'ebxuaxy, 1978 she was told that she could not. The property is zoned C-2 and they are silent as far as mobile homes axe concexned. Dan Slackstock, county counsel, to check the ordinance and get with Planning this afternoono Chairman Winston reported on the committee meeting held on February 21, 1978 with Mr. Fortier and Mr, Hutfless regarding herbicide drift. Mr. Bandy is going to monitor and contacted the State of Washington regarding their device, There~•wi11 be imput from other members of the agriculture community next week. 78-418 AUTHORIZE PUBLIC WORKS DIRECTOR TO PURCHASE 50-I5 GALLON SIZE REDWOOD TREES TO BUFFER THE ADMINISTRATION BUILDING AND THE COURT BUILDING FROM THE CORPORATION YARD On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the Director of Public Works was authorized to purchase 50-15 gallon size redwood trees to act as a buffex for the new Administration Building and the Ceurt Building from the Corporation Yard. 78-419 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Moseley stated that the revenue sharing screening committee should be done away with. Supervisor Moseley stated that she would like to see the funds for next year handled on a district level. Administrative Officer to report on the forecast of funds for next year on March 7, 1978. Supervisor Madigan stated that the new deer hunting proposals are intending to have a quota for areas and issue a certain number of tags. Supervisor Madigan stated that he thought this was wrong in principle. EXECUTIVE SESSION: The board recessed at 3:35 p.m. to hold an executive session regarding litigation. RECONVENE: The board reconvened at 3:50 p.m. following an executive session on possible settlement of pending litigation. Nothing to repoxt. RECESS: 3;51 p.m. RECONVENE: 7:30 p.m., Chico City Council~Chambers, Chico. 78-42_0 DISCUSSION: J:SRVIS-GANN AMENDMENT Discussion of the Jarvis-Gann amendment was held at this time. Chairman Winston made an opening statement regarding the initiative, known Page 285. February 28, 1978 February 28, 1978 as Proposition 13. There were people from the audience who spoke. 13. Appearing: 1. Dr. Frank Bennett 2. Orrin B. Stratton, Butte County Taxpayers Association 3. Jim Kertz 4. Aaron S. Yerzy 5. Roy Xork 6. Mary Jane Burgess 7. Al Appelman 8. Pat Furr 9. Mr. Jacques 10. Dorothy Thresher 11, Kay Whitney Everyone who spoke to the board expressed support of Proposition Each board member gave their opinions concerning Proposition 13. Chairman Winston was the only supervisor who did not say he would support Proposition 13. A11 of the other Superv' rs a d the proposition. ADJOURNMENT There being nothing furth before the bo d at this tim , the. meeting was adjourned at 9:35 p.m, o reconvene on sd y, rch , 1978 at 9x00 a.m. ATTEST: CLARK ANELSON, COUNTY CLERK M. Chan, Board of Su ervisors Page 286. February 28, 1978