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HomeMy WebLinkAboutM032779March 27, 1979 OF CALIFORNIA ) SS. OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke. Clif Mickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board. Pledge of Allegiance to the Flag of the United States of America Invocation by Supervisor Moseley APPROVAL OF MINUTES On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, the minutes of March 20, 1979 were approved as mailed. 4 96 APPROVE AGREEMENT WITH BUTTE COUNTY HOUSING AUTHORITY TO EXTEND COUNTY HEALTH COVERAGE-,FOR THEIR WORKERS On motion of Supervisor Dolan, seconded by Supervisor Winston, and unanimously carried, the agreement with the Butte County Housing Authority to extend county health coverage for their workers was approved and the Chairman authorized to sign. 497 RATIFY MEMORANDUM OF UNDERSTANDING AS PART OF ANIMAL CONTROL CONTRACT 498 On motion of Supervisor Dolan, seconded by Supervisor Winston and unanimously carried, the memorandum of understanding that has been reahced between BCEA, the county and the Animal Control and Health Services, Inc. establishing procedures for transitioning workers to the corporation under the animal control contract provisions was ratified and the Chairman authorized to sign. DISCUSSION: EMPLOYEE REHABILITATION PROGRAM TO BE CONSIDERED FOR FY 80 BUDGET PLANNING Discussion of the employee rehabilitation program was held at this time. Clif Mickelson, administrative officer, stated that they are having a meeting to consider possibly going to self insurance in the industrial compensation field. 499 Jim Rackerby, personnel director, set out the reason that there was a tremendous ine-idenee of days missed by CETA employees. This is due to poison oak. No action taken. APPROVE MERIT INCREASE - VETERANS SERVICE OFFIiCER On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the merit increase for the Veterans Service Officer was approved. 500 AWARD BID N0. 56-79 - TRACTOR MOWER On motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, bid No. 56-79 for the purchase of a diesel powered tractor with a side-mount flail mower for Public Works was awarded to Northstate Equipment Company of Oroville in the amount of $17,694.20. 501 DISCUSSION: COLLECTIONS REIMBURSEMENT EFFORT .Additional discussion of the collections reimbursement effort was held 'at this time. 502 i page 206. March 27, 1979 ______==---T March27~ 1979 _________________ Supervisor Winston stated that last week he objected to funding positions on the basis that the Board will be facing some serious problems at budget time. Possible expansion of.collections.to.$56,000'at a cost of $31,000 that may be a gain of $25,000 is very laudable. It could be the Board might find themselves in the position of having to remove a deputy Sheriff somewhere because the Board had funded these two positions. He did not feel that this was the time to consider adding additional positions to the county workforce. The Board adopted a policy last year whereby the employees were told that the county was going to try to avoid layoff and would try to handle problems through attrition. The county has done a pretty good job. The gain of $25,000 is a maybe. Carl Morton, treasurer-tax collector, stated that the cases and the costs were projected. They have estimated that they could probably collect 507. The cases from the District Attorney was atransfer. If the matter was held off until budget session, the only problem might be the collection of the Public Defender fees that might be lost. The courts have asked that their office handle the collections. It will be cost beneficial. He did not want to do the job unless he could get capable people st the proper ranges. No action taken at this time. 503 5 04 STATEMENT BX SUPERVISOR WINSTON RE: NEGOTIATIONS WITH THE EMPLOYEES Supervisor Winston made a statement at this time relative to the negotiations that will be taking place for employee benefits. The employees were told by this Board that it would make an effort to avoid layoffs through attrition and retirements. They have succeeded. It is unfair for the public to expect public employees to bear the brunt of inflation. He knows the employees are in need of a cost of living adjust- ment for 1979-80. However, there is a big change coming over government. This is the time to have some innovative thinking. Last year he suggested that perhaps the employees could think about an eight hour day. He felt that they should start thinking about floating holidays. This is a very sensitive area. This is a time for change and innovative thinking. He felt that they can come up with some meaningful negotiations. In term, the employees could be asked to put out extra effort and forego extra benefits. He asked that Personnel, management and the employees to give some thought to what should be done. AUTHORIZE PROVIDING APPROPRIATIONS FOR CONVERSION OF DATA. PROCESSING COST RECOVERY Jim Johansen, auditor, set out the background of the status of the data processing cost recovery. There are appropriations available within county departments. This could change if outside user revenue does not materialize. There is a possibility that at the end of the year there would be a slight shortage of appropriation. He set out the contracts with the outside users at this time. Some have a~naximum level of service. The most recent contracts have been drafted to be on estimated maximum bas~with the actual cost to be determined by the Auditor's Office. Clif Mickelson, administrative officer, stated that one of the charges to SCT was to come up with figures. They want to give valuate-le-v?- products so people will want to stay with the county. If the county gives good service and does not lose money, the county can have other agencies within the confines of Butte County that will not go out and buy their own computers. Mr. Johansen stated that some of the outside users are considering seeking other alternatives. Page 207. March 27, 1979 505 -_______=====March 271979__________________ It was felt that these matters should be considered at budget time. There is a report that is to be given by SCT in April.- Chairman Lemke asked that the report include statements as £ax as the outside user's feelings at this time. Mr. Mickelson advised that there would be several people going on a tour of the outside users to sit down and discuss data processing with them. On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, appropriations for conversion of data processing cost recovery is to be provided. APPROVE BUDGET TRANSFERS On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the following budget transfers were approved: B-104 Community Action Program - 1978 grant year. Within the coordinate component transfers $2,700 from employee benefits, $996 from professional and specialized services, $1,697 from medical and dental costs, and $1,050 from insurance; with $2,700 going to salaries and wages, $1,056 to telephone expense, $1,691 to other travel, $276 to transportation and travel, and $720 to equipment. Within the Housing Winterization Program transfers $2,999.56 from other costs and $783.39 from prior year consumable supplies; with $1,099.67 going to salaries and wages, $156,36 to benefits, $1,745.53 to travel, and $783.39 to consumable supplies. Within the Community Food and Nutrition Program transfers $1,037.77 from benefits, $559.14 to rents and lease of equipment, $998.45 from other costs, and $48.21 from prior year consumable supplies; with $481.36 going towards salaries and wages, $200 to space costs and rental, and $1,962.21 to consumable supplies. The purpose of this transfer is to transfer various EOC and Head Start program funds to cover end of the grant year deficits in various line items and is within the Community Services Administration and Health Education and Welfare grant guidelines. B-108 Mental Health - Detox. Transfers $250 from medical and dental supplies to office expense in order to cover existing deficiencies in providing appropriation for the balance of the fiscal year. B-109 Central Services - Motor Pool. Transfers $900 from maintenance of equipment to rents and leases of equipment in order to cover current deficiences and provide an appropriation for the balance of the fiscal year for equipment rents and leases. 8-110 Planning Commission. Transfers $1,100. from special departmental expense to publica-t o s and Iegal notices to cover existing deficiencies and to provide an appropriation for the balance of the fiscal year. B-111 Public Works - Transportation S sy tams. Transfers $1,000 from professional and specialized services - Gridley to contributions to other agencies in order to increase the county share of funds for the Gridley taxi system which has been experiencing an increase in ridership. B-112 Federal Revenue Sha~ ring. Transfers $6,000 from the Chico Pound expansion project, with $5,000 going towards equipment and $1,000 to maintenance of structures in order to cover the cost of relocation of various radio networks and to .provide for the purchase of a radio console for the Chico Sheriff's substation. as approved by the Board of Supervisors on March 20,.1979; minute order 79-458 and 79-459. Page 208. March 27, 1979 79f ^b 5 Ob 507 508 509 ~I~xch ~7~ x.9]9_ APPROVE PURCHASE OF EQUIPMENT - VANS FOR EOC On motLOn of Supervisor Winston, seconded .by Supervisor Moseley and unanimously carried, the purchase of two 1977 vans at a cost of $5,536.38 and $5,781.24 as part of the Weatherization Program was approved for EOC. ADOPT RESOLUTION 79-55 SUPPORT FOR FIVE COUNTY TRIPLE A PROGRAM TO BE HANDED TO DEPARTMENT OF AGING AT CONVERENCE TO BE HELD ON APRIL 5, 1979 AT ORLAND Supervisor Winston reported on the meeting held by the Butte County Senior Citizens. There are some changes by the Department of Aging that involves the formation of Triple A. Butte County is in an extremely large Triple A. There will be a meeting on April 5, 1979 in Orland to discuss the Triple A program. The Council recommended that the county endorse five counties: Tehama, Sutte, Glenn, Plumas and Colusa counties as a Triple A area. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, Resolution 79-55 in support of a five county Triple A area for Plumas, Colusa, Tehama, Glenn and Butte counties was adopted for presentation to the Department of Aging at the conference to be held April 5, 1979 at Orland and the Chairman authorized to sign. APPROVE VARIANCE RENEWAL - JOHN T. COOPER On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, the variance renewal for John T. Cooper to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at 1827 Rockhouse Lane, Paradise, AP 50-22-128, zoning: A-2 limited was approved for a period of one year. ACCEPT COMMUNITY RESIDENTIAL TREATMENT FUNDS AND AUTHORIZE PREPARATION OF BUDGET TRANSFER It was moved by Supervisor Moseley, seconded by Supervisor Wheeler that the community residential treatment funds from the state as part of AB 3025 in the amount of $71,000 to cover one time start up cost and for $55,169 annual operating cost be accepted and preparation of budget transfer be authorized. Discussion of the community residential treatment funds held at this time. Clif Mickelson, administrative officer, stated that Butte County has one of the best programs in the state. It is the most efficient. The State of California is looking at Butte County`s program. One reason the $71,000 is available is because of the per capita expenditures and Butte County is well below the state average. Vote on motion: AYES: Supervisors Dolan,Moseley, Wheeler, Winston and Chairman Lemke NOES: None. Motion carries. 510 WAIVE FIRST READING OF ORDINANCE AMENDING CHAPTER 2b OF THE BUTTE COUNTY CODE CONCERNING CORRECT SIZE NUMBERS TO BE DISPLAYED UPON BUILDINGS OR LANDS On motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, the first reading of the ordinance amending Chapter 2b of.the Butte County Code concerning correct size numbers to be displayed upon buildings or lands was waived. Page 209. March 27, 1979 March 27F, 1979 511 APPROVE CONTRACT AMENDMENT N0. 3 TO OROVILLE BUS LINES CONTRACT On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, amendment No. 3 to the Oroville Bus Lines contract cancelling the bi--weekly Palermo service because of a lack of patronage " was approved and the Chairman authorized to•sign. 512 513 APPROVE PARADISE DRAINAGE POLICY - CLEAR CREEK BASIN On motion of Supervisor Winston,, seconded by Supervisor Dolan and .unanimously carried; the policy for the Paradise drainage area of Clear Creek Basin is approved as follows:- that no further major projects be approved until an assessment district has been formed and that each subsequent project being considered be reviewed for-its effect on drainage while assessment district procedures are under5aay and that further projects could proceed during district formation if they were of such magnitude that they did not cause immediate danger to life or property or that that project could be approved for immediate starting if intermediate mitigation measures could protect the immediate community welfare. PUBLIC HEARING RATES SET The following public hearing dates were set: 1. A public hearing date of April 10,1979 at 10:15 a.m. was set for consideration of Hignell & Hignell Icy „'proposed negative declaration regarding environmental impact and rezone from "A-2" (general} to "R-3" (medium density residential) property located on the southeast corner of ~eanothus Avenue and Manzanita Avenue, identified as AP 48-203-15, contain- ing 9.69 acres, more or less, Chico. 2. A public hearing date of April 17, 1979 at 10:15 a.m. was set for consideration of Floyd V. Powell proposed negative declaration and rezone from "R-3" (medium density residential) to "C-2" (general commercial) property located on the northwest corner of Clark Road and 3hadowbrook Way, identified as AP 53-12-54, containing 0.56 acres, more ~r less, Paradise. 3. A public hearing date of April 10, 1979 at 10:30 a.m. was set for consideration of George Baker proposed negative declaration and rezone from "A-2" (general) to "TM-2" (timber mountain - two acre parcels) property located approximately 3/8 mile north of Concow intersection on the east side of Pinkston Canyon Road, identified as AP 58-21-80, contain- Lng 7.1 acre, more or less, north of Oroville. 514 ADOPT RESOLUTIONS 79-56 and 79-57 RE: SETTING PUBLIC HEARING DATES FOR 1BANDONMENTS On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the following resolutions were adopted and the ]hairman authorized to sign: 1. Resolution 79-56 setting a public hearing date of May 1, L979 at 10:00 a.m. for consideration of Shasta Estates abandonment of three foot public utility easement between lots 14 & 15 of Shasta Estates subdivision, Chico. 2. Resolution 79-57 setting a public hearing date of May 1, L979 at 10:00 am for consideration of Robert Bryant abandonment of six Eoot public utility easement, in Brentwood Subdivision, between lots L2 & 13, AP 44-60-12 & 13, Chico. Page 210.;.;.'" . March 27, 1979 March 27~ 1979, 515 516 PUBLIC HEARING. DATE SET A public hearing date of April 17, 1979 at 10:15 a.m. was set £or.consideration of Skyway at Lofty Lane (project No, 51261-78-1) proposed negative declaration and project decision for curve realignment on Skyway extending from 0.1 mile south to 0.1 mile north of Lofty Lane, Paradise. ADOPT ORDINANCE 2009: WAIVE SECOND READING OF ORDINANCE AMENDING ARTICLE I DF CHAPTER 4 OF THE BUTTE COUNTY CODE RELATING TO ANIMAL CONTROL On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the second reading of the ordinance amending Article I of Chapter 4 of the Butte County Code relating to animal control was waived; Ordinance 2009 was adopted and the Chairman authorized to sign. 517 APPOINTMENTS TO THOMPSON FLAT CEMETERY DISTRICT On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the following were appointed to the Thompson Elat Cemetery District: Clinton M. Foster David P. Edwards Jr. Francis Carmichael 518 519 520 521 APPOINTMENT TO BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT -DISTRICT 2 On motion of Supervisor Dolan, seconded by Supervisor Winston and unanimously carried, Ray Norby was appointed to the Butte County Mosquito Abatement District, District 2. APPOINTMENT TO THE BIGGS SWIMMING CONTINUED TO " RIL 3, 1979 The appointment to the Committee was continued to April POOL DISTRICT ADVISORY COMMITTEE - Biggs Swimming Pool District Advisory 3,.1979. DISCUSSION OF LETTER FROM METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA CONCERNING SUPPORT FOR CONSTRUCTION OF THE PERIPHERAL CANAL - CONTINUED TO APRIL 3, 1979 Discussion of the letter from Metropolitan Water District of Southern California concerning support for construction of the Peripheral Canal was continued to April 3, 1979. PUBLIC HEARING DATE SET A public hearing date of April 10, 1979 at 10:45 a.m. was set for consideration of the provisions for undergrounding in new subdivision. RECESS: 10:00 a.m. RECONVENE: 10:12 a.m. 522 523 ADOPT ORDINANCE 2010 URGENCY ORDINANCE AMENDING CHAPTER 24.21.33 OF THE BUTTE COUNTY CODE RELATIVE TO PARKING SPACES On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, Ordinance 2010 an urgency ordinance amending Chapter 24.21.33 of the Butte County Code relative to parking spaces was adopted and the Chairman authorized to sign. PUBLIC HEARING: DENNIS STEPHENS PETITION FOR VARIANCE TO SECTIONS 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME AT ROUTE i, BOX 78A (EAST BIGGS HIGHWAY), BIGGS, AP 25-LO-14. ZONING: "A-2" -T T -The public hearing on the Dennis Stephens petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at Route 1, Box 78A (East Biggs Highway), Biggs, AP 25-10-14, zoning: "A-2" was held as advertised. Phil Nelson, environmental health department, set out': the background of the petiition for variance. Page 211.. • March 27, 1979 -------__--_ March 27, 1979__=___~~~-~_---- Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, the petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at Route 1, Sox 78A (East Biggs Highway, Biggs, AP 25-10-14, zoning: "A-2" for Dennis Stephens was approved for a period of one year. 524 PUBLIC HEARING FORREST MC NABS PETITION FOR ,VARIANCE TO SECTIONS 19-10 AND%OR 19-12 OF THE BUTTE COUNTY CODE FOit PLACEMENT OF A MOBILE HOME AT ROUTE 1, BOX 25 (OAK LANE), DURHAM, AP 40-26-21. ZONING: "A-5" The public hearing on the Forrest McNabb petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at Route 1, Box 25 (Oak Lane),Durham, AP 40-26-21, zoning: "A-5" was held as advertised. Phil Nelson, environmental health department, set out the background of the petition. It is in order. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Soard. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at Route 1, Box 25 (Oak Lane), Durham, AP 40-26-21, zoning: "A-5" for Forrest McNabb was approved far a period of one year. 525 PUBLIC HEARING: EDEN PINES UNIT N0. 2 - APPEAL DENIAL OF PROPOSED NEGATIVE DECLARATION AND REVISED TENTATIVE SUBDIVISION MAP, SIX LOTS, WEST SIDE OF PENTZ-MAGALIA HIGHWAY, SOUTH SIDE OF GATE LANE, PARADISE, AP 50-01-48 CONTINUED FROM MARCH 6, 1979 The continued public hearing on the Eden Pines Unit No. 2 appeal of denial of proposed negative declaration and revised tentative subdivision map, six lots, west side of Pentz Magalia Highway, south side of Gate Lane, Paradise,:~AP 50-01-48 was held at this time. Clay Castleberry, public works director, set out the background of the appeal. The applicant is prepared to deposit the amount of money necessary for the improvements to be used whenever the road is improved and have the map recorded. without the note on it. Hearing open to the public. Appearing: Gary Lippincott. Mr. Lippincott stated that the amount of money can be worked out with Public Works. Heazi~g closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, finding the proposed project could not have a signficant effect on the environment, a negative declaration was accepted. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, Eden Pines Unit No. 2 tentative subdivision map was accepted with the finding that it is in conformance with the General Plan and riot in conflict with the existing zoning and it is in the best interest of the public with the map being accepted providing that deposit of sufficient money for curb, gutter and sidewalk and street section on Pentz-Magalia be deposited with the County Treasurer in an amount to be determined by applicant and Public Works Director. Page 212. March 27, 1979 7b) 526 ___________=__March27~1979y~~__ _--_______ - - - - _ _ = ADOPT ORDINANCE 2011: PUBLIC HEARING: BURT C. LOWEN -PROPOSED NEGATIVE DECLARATION AND REZONE TO AMEND A "PA-C" (PLANNED AREA-CLUSTER) DEVELOPMENT PLAN TO RESUBDIVIDE LOT "D" OF PEBSLEWOOD PINES SUBDIVISION TO ALLOW SIX ADDITIONAL SINGLE FAMILY'RESIDENCES ON PROPERTY LOCATED ON THE SOUTHEAST, CORNER OF CUSSTCK AVENUE AND HOLLY AVENUE, IDENTIFIED ASAP 08-06-01, CONTAINING 1.079 ACRES MORE OR LESS CHICO The public hearing on the Burt C. Lowen proposed negative declaration and rezone to amend a "PA-C" (planned area-cluster) development (plan to resubdivide lot "D" of Pebblewood Pines Subdivision to allow six additional single family residences on property located on the southeast (corner of Cussick Avenue and Ho11y Avenue, identified as AP 08-06-01, 'containing 1.079 acres, more or less, Chico was held as advertised. Eari Nelson, environmental review director, set out the background of the negaCi.ve declaration. A negative declaration was adopted on the original proposal. A negative declaration is recommended for this project. Bettye Blair, planning director, set out the background of the rezone. This lot was orginally zoned on the "PA-C" as a vacant lot. The Planning Commission recommended approval of the rezone. This would include approval of the development plan and conditions of approval. Hearing open to the public. Appearing: Russ Croninger, Ringel and Associates, representing Mr. Lowen. Mr. Croninger stated that they were in agreement with all of the conditions except a portion of condition No. 5 which is to construct 1/2 street section of Cussick l~venue and pxovide improvements. Public Works placed the condition on the develop- ment.. The school district has written a letter stating they see no need for curb, gutter and sidewalk on Cussick Avenue because the development faces Holly. They are putting in full improvements on that street. Hearing closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, finding the proposed project could not have a significant effect on the environment, a negative declaration was accepted. On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, the rezone to amend a "PA-C" (planned area-cluster) development plan to resubdivide Iot "D" of Pebblewood Pines Subdivision, to allow six additional single family-residences on property located on the southeast corner of Cussick Avenue and Holly Avenue, identified as AP 08-06-01, containing 1.079 acres, more or less, Chico was approved; the development plan was approved in connection with the rezone finding the zoning conforms with the existing zoning and is in accordance with the General Plan and meets the public need; subject to the following conditions: 1. Submit road and drainage plans to the Department of Public Works for approval and install the required facilities. 2. Provide 20-ft. radius property line returns at all street intersections,. 3. Provide right-of-way for standard No. S-5 at all street intersections. 4. Indicate a 50-ft. building setback line from the centerline of Cussick Avenue and 55-ft. building setback line from the centerline of Holly Avenue. 5. Construct remainder of :street section on Ho11y Avenue to RS-2 A road standard with vertical curb, gutter and sidewalk and 2" AC, 8" AB, SC 250 prime. and fog seal., Construct one-half street section on Cussick Avenue to RS-2 B~ac-cess road standard. Minimum structural Page 213. March 27, 1979 +~ 527 March 27, 1979 - -- -- = W _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - ~- ~ ~ - ~ ~ W ~ _ _ - section to be 2" AC and 8" AB with fog seal and 959 relative compaction. Submit design to County Department .of Public Works for approval. "R" value determinations and other data may be required to support section design. 6. Provide monumentation as required by the Department of Public Works is accordance with accepted standards. 7. Street grades and other features shall comply with the Butte County Ordinances, design resolution and other accepted engineering standards. 8. Provide permanent solution for drainage. 9. All easements of record to be shown on the final map and development plan. 10. Meet requirements of Butte County Fire Department or other responsible, agency. 11. Street lighting shall be provided in accordance with Butte County requirements accepted design criteria and recommendations of PG&E. 12. Segregate or pay off assessments. 13. Meet requirements of Facific Telephone Company and P.G.&E. 14. Meet requirements of California Water Service Company. 15. Obtain clearance from the California Regional Water Quality Control Board. 16. Provide documentation from the California Water Service Company that it is willing and able to supply domestic water to the development. Landscaping must also be accomplished in accordance with the Development Plan. Ordinance 2011 was adopted and the Chairman authorized to sign. AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES: Supervisors Dolan ADOPT ORDINANCE 2012: PUBLIC HEARING: G. G. WILLIAMSON - PROPOSED NEGATIVE DECLARATION AND REZONE FROM "A-2" (GENERAL) TO "R-3" (MULTI- FAMILY RESIDENTIAL) PROPERTY LOCATED ON THE NORTH SIDE OF SHASTA AVENUE EXTENSION, ON THE WEST SIDE OF STATE HIGHWAY 99, IDENTIFIED AS AP 44-05-39, CONTAINTNG 3.02 ACRES, MORE OR LESS, CHICO. The public hearing on the G. G. Williamson proposed negative declaration and rezone from "A-2" (general) to "R-3" (multi-family residential) property located on the north side of Shasta Avenue extension, on the west side of State Highway 99, identified as AP 44-05-39, containing 3.02 acres, more or less, Chico was held as advertised. Earl Nelson, environmental review director, set out the background of the negative declaration. He recommended a negative declaration. Bettye Blair, planning director, set out the background of the rezone. This project was heard by the Planning Commission, who recommended approval. It is low density one to four units per access. The proposed amendment on the Genexal Plan would be medium density.five to eight units per acre. Ori the basis of the amendment for surround properties, the rezone was recommended for approval. Page 214. March 27, 1979 ______-__--= March27~ 7.979 =_---__-_____- d Hearing open to the public. Appearing No one. Hearing closed to the public and confined to the Board. 528 On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, on the basis of the initial evaluation, finding the proposed project could not have a signficant effect on the environment, a negative declaration was recommended. On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the rezone from "A-2" {general) to "R-3" (multi- family residential) property located on the north side of Shasta Avenue extension, on the west side of State Highway 99, identified as AP 44-05-39, containing 3.:02 acres, more or less, Chico concurring with the Butte County Planning Commission that the proposal is in conformance with the General. Plan;. that a negative declaration has been accepted and that it is to the best interest~of the people of the County of Butte to specifically zone property to remove it from the "A-2" zoning; Ordinance 2012 was adopted and the Chairman authorized to sign. PUBLIC HEARING: WILLIAM D. VAIL AND JOHN F. CONNELLX - APPEAL OF A VARIANCE TO ALLOW A SIX FOOT HIGH CHAIN LINK FENCE 40 FEET FROM THE CENTERLINE OF TONER WAX ON PROPERTX ZONED "A-2" (GENERAL) LOCATED ON THE SOUTHWEST CORNER OF ESPLANADE AND TONER WAY, IDENTIFIED AS AP 44-41-27, CHICO The public hearing on the William D. Vail and John F. Connelly appeal of a variance to allow a six foot high chain link fence 40 feet from the centerline of Tonea Way on property zoned "A-2" (general) located on the southwest corner of Esplanade and Tonea Way, identified as AP 44-41-27, Chico was held at this time. Bettye Blair, planning director, set out the background of the variance. This is categorically exempt from environmental review. The Planning Commission denied the variance. Hearing open to the public. Appearing: 1. Max Albert. Mr. Albert spoke in opposition to the variance. There is a safety problem at that intersection and this would increase the problem. He did not feel that the fence would be attractive. 2. Phil Luke. Mr. Luke stated that there was a safety factor on the street. He opposed the variance. 3. Charles Storey. Mr. Storey stated that his property was parallel to the property in question. He contacted Mr. Castleberry when he was in the process of having a parcel split. Mr. Castleberry advised him that the corner was hazardous as it was. If improvements were added this would add to the problem. Mr. Castleberry stated that he did not recall the conversation. 4. James M. Turner, retired GHP officer. Mr. Turner stated that the speed limit is 45 MPH and the cars travel at a speed of five to ten miles an hour over that speed limit. There is a school bus stop at the intersection. He felt the fence would create a hazard. 5. Dennis Stephens. Mr. Stephens spoke in opposition to the variance. He submitted pictures of the area to the Board. There would be an additional hazard if cars were allowed to park nn the Esplanade. Page 215. March 27, 1979 March 27, 1979 6. Bill Vail. Mr. Vail stated-that conditions have been put in. to preclude a traffic .problem. The county has required that there be a break in the fence at a point 130 feet from the centerline of Esplanade. There is no problem from the standpoint of safety, as well as appearance. The whole area is proposed in the General Plan amendment as commercial. Tt is virtually all commercial now. Mr. Vail set out where the equipment would be stored. Hearing closed to~the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor Ao1an and unanimously carried, based on the testimony given. this date,-the Butte County Planning .decision was upheld and the appeal was denied. 529 APPEARANCE: DAN HAYS RE: SANTOS WAY Mr. Hays asked the Board to allow the final parcel maps for the area of Highway 32 and Santos Way to be filed, with the ingress and egress less than 60 feet. Mr. Hays sited sections of Chapter 20 of the Butte County Code that would allow such an approval. He felt that they should be granted an exception because of the right-of-way problem with Santos Way. They are negotiating to buy the rightrof-way to solve the problem. There would be eight parcels with three property owners: John Turner, Scott Davis and Cal American. Dan Blackstock, county counsel, stated that this matter was not before the Board properly. He recommended that the Board not authorize a 20 foot access entering onto Highway 32. Counsel to set up a meeting with Dr. Harris, Public Works, Mr. Hays and Mr. Santos to try and get the matter resolved. 530 APPEARANCE: HAROLD SULLIVAN RE: BUILDING CODE REQUIREMENTS Mr. Sullivan presented the Building Code Revision Committee report to the Board. He read the report at this time. Copies were given to Board members. This is in regards.- to the requirements of the Uniform Building Code and revisions that should be made. The report was referred to Public Works for a written response. 531 APPEARANCE: ROLLAND K. HAUSER. RE: WEATHER. SERVICES Dr. Hauser stated that there would be a meeting tomorrow at California State University, Chico regarding a groposal that weather services be established in northeastern California. The major reason for the proposal is that there are weather related management decisions made that involve both public and private economic questions. The closest 24-hour weather service is at Sacramento Metro Airport. He set out the organizations that he has spoken to regarding the proposal. Supervisor Dolan hoped that-other members of the Board would attend the meeting. Possibly the Administrative Officer and the Agricultural Commissioner could also attend. 532 APPEARANCE: MONTY EAST RE: ANTILITTER CAMPAIGN IN PARADISE Mr. East stated that the greater Paradise Chamber of Commerce has received numerous letters regarding the litter along Neal Road going to the dump. He asked the Board's help. He hoped that the present contractor would be asked not to accept any loads unless they were tied down. He felt that the residents of the county should be given adequate notice. This would reduce the litter on the roads ,'.leading to the dump. Page 216. March 27, 1979 =.l~axch~Z,~147~====______ Clay Castleberry, public works director, set out.wfiat the county is planning on doing with the picking up of Titter. He would be happy to work with Mr. East. .Supervisor Dolan stated that there is a Solid Waste Committee on the Board. She suggested that the committee work with Public Works and be charged viith coming back to the Board regarding the clean up of Neal Road. 533 APPEARANCE: JIM COOK, EXECUTIVE DIRECTOR BCEA Mr. Cook spoke regarding negotiat~.ons at this time. He tried to be innovative with Personnel and Administration. There was a Tot of unrest with the employees as a result of the salary survey. When the question was asked did the employees want to work a 40 hour workweek, he lost 38 employees from the Association membership. The county has lost 43 employees since September. There are serious problems. In deliberations he is going to propose that the negotiations be divided in two halves; one half, salary and the other half, other. In negotiations BCEA is ready to sustain layoffs so the rest of the employees can have pay increases. He is willing to work with the Board. Supervisor Winston stated that the appearance of the fact that the employees do not want to talk about alternatives does not appear reasonable. There are problems as far as the county is concerned. The county cannot afford $500,000 to $600,000. He did not know where it was going to come from. 534 535 APPEARANCE: DAN HUTFI.ESS RE: HERBICIDE DRIFT Mr. Hutfless made some suggestions to the Soard he hoped would be adopted. He would like to sea some permit restrictions which will regulate aerial applications in the Durham Dayton area to alleviate the drift problems. The Agricultural Department has a copy of the suggestions. He submitted a petition from about 50 growers in the Durham Dayton area concerned about drift. They are not asking that MCPA be banned. He also submitted his suggestions in writing to the Board at this time. COMMUNICATIONS Compton Surveying, Chico. The Surveyors, on behalf of Cecelia Chaidez, appeal the Advisory Agency's requirement and request postponement for the installation of afire hydrant for a parcel map, three lots, south side of W. Tlth Avenue, approximately 400 feet west of Holly Avenue, Chico, identified as AP 43-054-11. Referred to Fire Warden and Public Works Director to see if the matter can be resolved. Ted Sandrowski, Chico. Mr. Sandrowski appeals the determination of the Environmental Review Director that an environmental impact report is required on a rezone from "A-SR" (agricultural-suburban residential) to "C-2" (general commercial) for property located north of Chico along Hwy. 99E just south of Eaton Road exit, AP 44-47-43, containing 6.3 acres, more or less, north of Chico. Set for hearing April 17, 1979 at 10:30 a.m. Lou Mariotti, Paradise. Mr. Mariotti appeals the proposed negative declaration regarding environmental impact and condition 4~7 for a use permit to allow a 154 unit mini-storage and recreational vehicle storage yard located on the east side of Clark Road approximately 480 feet south of Buschman Road, Paradise, identified as AP 54-08-66. Set for hearing April l7, 1979 at 10:45 a.m. Page 217. March 27, 1979 536 537 538 - - - - -- - - _ _ _ _ _ =March 27 z 1979 = - - _ _ _ _ _ _ _ _ = G = T = _ _ Leslie W. Smothers, Forest Ranch. Mr. Smothers appeals the proposed negative declaration regarding environmental impact and conditions ~kl, 7 and 8 relating to road conditions on a use permit to allow a 32-space recreational vehicle park on property zoned "A-2" (general) located on two parcels on the south side of Humboldt Road, approximately 3/4 mile east of Bull Hill Road, and the-other approximately one mile east of Bull Hill Road, identified as AP 60-07-2 and 18, Butte Meadows.. Set for hearing April 17, 1979 at 11:15 a.m. Lewis & Zilaff, attorneys at law. The Attorneys, on behalf of Eugene Wells, appeal the negative declaration regarding environmental impact and the denial of muse permit to allow a mobile home, heavy equipment and storage yard on property zoned "A-2 limited", located on the south side of Buschman Road, identified as AP 54-09-36 located between Paloma Drive and Scottwood Road, Paradise. Set for hearing April 17, 1979 at 11:30 a.m. David M. Handley, Chico. Mr. Handley writes indicating his opposition to the Beekeepers ordinance, owner construction permits, and home occupation ordinance. Information; no action taken. County of Mariposa. The Board of Supervisors forward-its resolution concerning the National Park Service Inholders Land Acquisition and requests Board support. Sae motion following communications. Sacramento Safety Council, Inc. The Council writes requesting the Board's support in continuing the maximum speed limit of 55 miles per hour. See motion following communications. Rape Crisis Intervention. The Organization writes requesting that Butte County provide $800 toward meeting the local match. requirements of the 1979-80 proposed CCCJ grant application. ~To be considered at budget session. Brock Adams, secretary of transportation. Mr. Adams writes in response to the Board's letter concerning continuation of the Amtrak System. Information; no action taken. SUPPORT MARIPOSA COUNTY BOARD OF SUPERVISORS RESOLUTION CONCERNING THE NATIONAL PARK SERVICE INHOLDERS LAND ACQUISITION On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, Mariposa County Board of Supervisors' Resolution concerning the National Park Service Tnholders Land Acquisition was supported. SUPPORT THE CONTINUING OF THE MAXIMUM SPEED LIMIT OF 55 MILES PER HOUR On motion of Supervisor Winston, seconded by Supervisor Dolan and carried, the continuation of the maximum speed limit of 55 miles per hour was supported. AYES: Supervisors Dolan, Moseley, Winston and Chairman Lemke. ABSTAINING: Supervisor Wheeler. AUTHORIZE CHAIRMAN TO ADDRESS LETTER TO CHP COMMISSIONER REQUESTING MORE ADEQUATE PATROLLTNG AND STAFFTNG TN BUTTE COUNTY Supervisor Winston stated that he had recently received a couple of comments and answers from the Paradise Pines Property Owners Association requesting sufficient patrolling by the CHP. He made inquiries and was advised that the staff in Oroville has been reduced from 19 to 11 employees. The Chico staffing has not been as drastically affected. He set. out the areas that-are currently being patrolled bq the CHP in Butte County. The CHP is funded from license fees only. There is no income taxes involved. The level of services being provided is insufficient. Page 218. March 27, 1979 79~ 539 540 On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried; the Chairman was authorized to address a letter to the CHP Commissioner requesting more adequate patrolling and staffing in Butte County. SUPPORT TULARE COUNTY STAND WHEREBY MS. VUICH PROPOSES TO ADD SECTION 99400.1 TO THE PUBLIC UTILITY CODE RELATIVE TO TRANSPORTATION DEVELOPMENT ACT On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried; the Tulare County stand whereby Ms. Vuich proposed to add Section 99400.1 to the Public Utility Code relative to Transportation Development Act was supported. AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke. NOES: Supervisor Dolan. REFER BEEKEEPING ORDINANCE TO AGRICULTURAL ADVISORY COMMISSION FOR REVIEW Supervisor Dolan asked that the proposed beekeeping ordinance be referred to the Agricultural Advisory Commission for review and public forum. The matter was referred to the Agricultural Advisory Commission. 541 542 543 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Winston and Dan Blackstock, county counsel, to present matter of insufficient tax monies to representatives in Sacramento prior to April 28, 1979 payment date. The letter from Mr. Park, Child Abuse Hearing Committee was referred to the Administrative Officer. EXECUTVE SESSION: The Board recessed at 12:25 p.m. to hold an executive session regarding litigation. RECONVENE: The Board reconvened at 12:45 p.m. following an executive session regarding litigation. AUTHORIZE COUNSEL TO PROCEED WITH BUTTE COUNTY VS.. 3ERRY TERRY RELATIVE TO ZONING VIOLATION On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, Counsel was authorized to proceed with Butte County vs. Terry Texxy relative to zoning violation. APPROVE FILING OF APPLICATION BY CHAIRMAN LEMKE FOR EXECUTIVE CONSULTANT POSITION WITH NINE NORTHERN COUNTIES SUPERVISORS ASSOCIATION Chairman Lemke asked the Board for approval to file an application for the executive consultant position writh the Nine Northern Counties Supervisors Association. There is no conflict of interest involved. On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, Chairman Lemke was allowed to file application for the executive consultant position with the Nine Northern Counties Supervisors Association. AYES: Supervisors Dolan, Moseley, Wheeler and Winston. ABSTAINING: Supervisor Lemke. ADTOURNMENT .There being mothing further before the Board at this time, the meeting was adjourned at 12:45 p.m. to reconvene on Tuesday, April 3, 1979 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK RECORDER and ex-officio Clerk i /~/~of the Board]~o~f~Supervisors GI---~ ~ By. ~ ~( f~.cc~~,,~ Page 2I9. Chairman, Board of Superv~-sors March 27, 1979