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HomeMy WebLinkAboutM041580April 15, 1980 OF CALIFORNIA ) SS. OF BUTTE ) 80- The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke. Clif Nickelson, administrative officer; Ban Blackstock, county counsel; and Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board. ABSENT: Supervisor Winston Pledge of Allegiance to the Flag of the United States of America Invocation by Supervisor Moseley APPROVAL OF MTNUTES On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, the minutes of April 8, 1980 were approved as mailed with the correction to minute order 80-550 to reflect that Ordinance 2093 was adopted to reflect Upper Mud Creek flood diversion area instead of Rock Creek flood diversion area. 570 PUBLIC HEARING DATE SET A public hearing date of May 13, 1980 at 10:00 a.m. was set for consideration of revenue sharing proposed use hearing. 571 AUTHORIZE PURCHASE OF USED SGHOOT. BUSES On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, the purchase of two used school buses from the Oroville High School District at a total cost of $1,600 for the transportation of a large number of workers from Oroville to the Brush Creek area during the summer as part of the CETA Program with CETA willing to lease the buses from the county for at least a four-month period at a cost of $200 per month each was authorized 572 AWARD BID - BOARD ROOM SOUND AND RECORDING SYSTEM: APPROVE PURCHASE OF BACKUP TAPE RECORDER On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried, the bid for installation of the sound and recording system in the Board of Supervisors room at a cost of $11,900 was awarded to Advance Sound and Electronics of Sacramento; and the purchase of a backup tape recorder at an estimated cost of $200 with funding coming from the Administration Building furnishings budget was authorized. 573 AWARD CONTRACT - CHICO MUNICIPAL COURT REMODEL On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the contract in the amount of $51,975 for the Chico Municipal Court remodel was awarded to Charles Priddy Construction of Chico; the transfer of $12,962 from the revenue sharing unallocated reserve was authorized; and the Administrative Officer was authorized to issue the notice to proceed. 574 AUTHORIZE BUTTE COUNTY FAIR TO ADVERTISE AND RECEIVE BIDS - BUTTE COUNTY' FAIRGROUNDS - PHASE III ELECTRICAL IMPROVEMENT PROJECT On motion of Supervisor Moseley, seconded by Supervisor Dolan and carried, the Butte County Fair was authorized to advertise and receive bids on Butte County Fairgrounds Phase TIT electrical improvement project which has been funded by the state in the amount of $42,800. 575 SUPERVISOR WINS TON PRESENT AT THIS TIME APPROVE FOOD STAMP ISSUANC& AGREEMENT WITH U.S. POSTAL SERVICE Discussion of the food stamp issuance agreement with the U.S. Postal Service held at this time. 576 Page 343. April 15, 1980 / . _.. April 15, 1980 80- 577 i 578 Bob Crisan, welfare director, set out the background of the program. They are not able to color code the food stamps to show if they are outdated. They have improved the system by highlighting the date by different stars and different numbers surrounding the date. These designations are different every month. The Post Office is placing a circle around the dates when these are cashed. This has not eliminated the cashing of the outdated food coupons. He hoped that could be worked out with the union. Supervisor Wheeler was concerned as the Post Office employees are held responsible for cashing invalid stamps. Discussion of whether this program could be contracted out with a private organization held at this time. Mr. Crisan stated that there is no one who can meet'-the requirements involved except-the Post Office. The food stamp program is now $4,5 million in one year. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, the agreement with the U.S. Postal Service for the Food Coupon Issuance Program to become effective June i, 1980 with the cost to increase from $1.10 per transaction to $1.42 was approved subject to review by County Counsel and Auditor and the Chairman authorized to sign. APPROVE BUDGET TRANSFERS On motion of Supervisor "Wheeler, seconded by Supervisor-:Dolan and unanimously carried, the following budget transfers were approved: B-125 - Central Services - Motor Pool. Transfers $1,600 from the reserve to fixed assets to allow for the purchase of two schools: buses that will in turn be leased to the CETA Program. B-130 -Elections. Transfers $2,500 from office expense to publications and legal notices to cover the greater than anticipated publication costs for elections activity. B-131 - Grand Jury. Transfers $6,000 from the reserve, with $3,000 going to jury and witness expense and $3,000 to professional and specialized services in order to cover the higher than anticipated costs for court reporters, transcripts and Grand Jury meetings. On motion of Supervisor Dolan, seconded by Supervisnr Wheeler and carried, the following budget transfer, was approved: B-126 - Supplemental Manpower Program - CETA Title VII. ;.. Establishes an appropriation of $96,998 within the CETA Title VII services acount with funding coming from federal aid - Manpower Program. The purpose of this transfer is to record the appropriation for the CETA Title VII NFA document 271, as approved by the Board of Supervisors on March 4, 1980; Minute Order 80-330.. AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke. NOES: Supervisor Winston ADOPT RESOLUTION 80-73 AUTHORIZING RETENTION OF JOSEPH WILLIAMS TO PERFORM APPRAISAL SERVICES FOR 777 VIRCLVIA STREET. CHICO - HCD On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, Resolution 80-73 authorizing retention of Joseph Williams to perform appraisal service for 777 Virginia Street, Chico in a sum not to exceed $75 was adopted and the Chairman authorized to sign. Page 344. April 15, 1980 April I5, 1980 80- 579 b 580 581 582 583 584 ~ Ci ~4 AGREEMENT FOR DISPOSITION OF REAL PROPERTY TO CHIP IN EL MEDIO AREA - CONTINUED TO APRIL 22,_x.980 Discussion of the agreement for disposition of real property to CHIP in the E1 Medio area for the purpose of their self-help housing was held at this time. Consideration of the agreement for disposition of the property to CHIP in the E1 Medio area continued to Apr~.l 22, 1980. APPROVE COMMUNITY ACTION AGENCY ITEMS On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the following Community Action Agency items were approved: 1. Approved the timeline delineating the major tasks which need to be addressed for the transfer beginning with the original preliminary designation and continuing through to official recognition from the Community Services Administration and to transfer of specific responsibilities and authorities and directed the involved departments to assist with its implementation. 2. Approved the notice of public hearing that has been prepared to be distributed to all media within the county and posted in numerous locations along with a notice of intent to revoke and designate a new Community Action Agency; directed the Clerk's Office to distribute to the media, organizations and individuals as indicated; and directed the posting in appropriate places by the Community Action staff. 3. Approved the notice to political subdivisions and the application summary and authorized the Chairman to sign. PUBLIC HEARING RATE SET A public hearing date of May 6, 1980 at 10:00 a.m. was set for consideraticn of Dorothy Harris petition for variance to sections 19-10 and/or 19-I2 of the Butte County Code for placement of a mobile home on AP 36-2-2-22, 4400 Lower Wyandotte, Oroville area. Zoning: "AR-MH" APPROVE RENEWAL OF VARIANCE - FLOYD W. RIDENOUR On motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, the variance renewal to sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 39-31-003, 740 N. Graves Avenue, Chico area, zoning: "A-10" for Floyd W. Ridenour was approved. APPROVE RENEWAL OF VARIANCE - JOHN T. COOPER On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, the variance renewal to sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 50-22-128, 1827 Rockhouse Lane, Paradise area, zoning: "A-2 Ltd" for John T. Cooper was approved. On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, the agreement 79-75978 with the State Department of Health Services to cover water sample tests performed during the period January 1, 1980 to September 30, 1980 in the amount of $2,800 that would require no additional expenditure approprations was approved and the Chairman authorized to sign. APPROVE WATER SAMPLE TESTING AGREEMENT WITH STATE DEPARTMENT OF HEALTH SERVICES Page 345. April 15, 1980 April 15, 1980 80- 585 APPROVE PUBLIC WORKS ITEMS ~ On motion of Supervisor Wheeler, seconded by Sueprvisor Dolan and unanimously carried, the following Public Works items were approved: 1. Authorized refund of drainage deposit for Len McCandliss parcel map, AP 46-30-96, in the amount of $6,480. 2. Authorized refund of drainage deposit for Ronald Craft parcel map, AP 51-~25-48, in the amount of $2,700. 3. Authorized payment of relocation of gas facilities in an amount not to exceed $747 with assessment district funds for Meyers Street Assessment District No. 1. 4. Approved plans and specifications for Table Mountain Boulevard Bridge (Project No. 25491-76-1); authorized the Chairman and the Airector of Public Works to sign the plans; adopted the wage scale; and set the bid opening for June 5, 1980 at 10:00 a.m. in the Public Works Office, subject to Caltrans and Federal Highway Administration approval. 5. Authorized Public Works Department to apply for federal and state funds for the following crossing protection projects: East Park Avenue (8-182.5) at grade crossing of the Sacramento Northern Railroad, Bennett Road (C-194.3) and Cana Highway (C-196.0) at grade crossing of the Southern Pacific Railroad with funding available on a first-come, first-served basis and requiring a commitment by the local agency to provide 10% matching funds which is estimated to be $5,000 per crossing with state 169.1 funds that may be available with the total project cost of $150,000, with estimated county contribution of $15,000. 586 APPROVE SUBSIDIZED TAXI TICKET INTERCHANGE PROGRAM On motion of Supervisor Dolan, seconded by Supervisor Moseley and unanimously carried, the program to allow the interchange of subsidized taxi tickets between the various transportation systems to begin operation May 1, 1980 was approved. 587 REPORT TO THE BOARD ON THE 1980 UPDATE OF BUTTE COUNTY TRANSIT NEEDS ASSESSMENT The report to the Board on the 1980 update of Butte County transit needs assessment was presented to the Board for information. 588 PUBLIC HEARING DATE SET A public hearing date of April 29, 1980 at 11:15 a. m. was set for consideration of issuance of a permit to Jai Chand and Vati Chand to construct a barge landing at the end of Wilson Landing Road right-of-way beyond the county maintained road. 5$9 MOTION OF INTENT TO ALLOCATE $28,400 FOR IMPROVEMENTS ON SWEDES FLAT ROAD AND HURLETON-SWEDES FLAT ROAD TO BE CONSIDERED AT BUDGET HEARINGS Discussion of improvements on Swedes Flat Road and Hurleton- Swedas Flat Road held at this time. Clay Castleberry, public works director, set out the improvements needed at this time. Supervisor Wheeler stated that she and Supervisor Dolan had made an inspection of the road. She represents an area that has similar problems and situations. She was acceptable to an intent of spending $14,000 for the culverts until the Board goes into .budget hearings. There is a defiaite.need. She felt that the people should be asked to wait until budget time. She was in favor of doing the work in the area. Page 346, April 15, 1980 April 15, 1980 80_ Michael Pierce stated that when the Board was first informed of b the need there was money budgeted for the improvements. This money found other uses. The Board has said they will consider the expenditure of $14,000 for the culverts at budget time, but the people do not have the equipment to install these culverts. He would like to see the dangerous situation solved, He asked that the motion o£ intent cover the $28,400 which is the recommendation of the Public Works Director. Henry McCall stated that the City of Oroville had a similar situation on Nelson and Fogg Avenues. They are solving the problem. He felt the county could solve the problem on Swedes Flat Road. Supervisor Winston stated that his stand had been consistent for three years and has not changed. He did not believe that the people-of the county should be called upon to improve;,a road that the people who purchased land should be responsible for improving. Mike Evans understood that the Board approved the land divisions in this area. The geople were not informed that the road would not be maintained. They are asking for reasonable access to their property in the winter. Discussion of whether the people in the area have considered a county service area for the maintenance of the road. Mr. Evans was concerned about the safety of the children during the winter when they have to attend school. Mr. Pierce stated that he was willing to investigate an assessment district and county service area for future improvement to the roads. He would like to find out what the cost per parcel would be. He felt the county should pay for the culverts and improvements at this time until the people have a chance to investigate the assessment district possibilities. On motion of Supervisor Moseley, seconded by Supervisor Dolan and carried, a motion of intent was made to allocate $28,400 as p.Pr - ~- Public Works recommendations with the stipulation that this will be looked at seriously at budget time with the findings that the people in the area intend to go further and help themselves. AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke. NOES: Supervisor Winston. RECESS: 9:58 a.m. RECONVENE: 10:14 a.m. 590 ADOPT RESOLUTION 80-74: PUBLIC HEARING: NOTICE OF INTENTION TO ABANDON THE DURHAM CEMETERY AND DEDICATE TT AS A PIONEER MEMORIAL PARK The public hearing on the notice of intention to abandon the Durham Cemetery and dedicate it as a Pioneer Memorial Park was held as continued. Dan Blackstock, county counsel, stated that the District Attorney„ was not ready to make a report to the Board. The District Attorney has advised that action taken by the Board will not adversely affect him. Mr. Blackstock set out the different alternatives available to the Board. Hearing open to the public. Appearing: 1. Jan Holman. Ms. Holman stated that the two 4-H groups in the Durham area were willing to contribute two. or three days to clean up the cemetery. She hoped that any funds from the sale of the cemetery would be handled by the county and 'would be used for major repairs needed. Page 347. April 15, 1980 April 15, 1980 SO- b 2. Charles Curtis Hays. Mr. Hays read Page 1 of the Cemetery Act, Section 9609.6. He felt that this would show that the proceedings did not apply to this cemetery. As far as he was concerned he had title to the cemetery. They are .still willing to stand by their proposal offered to dedicate the cemetery as a Pioneer Cemetery and will insure public access, in the event the people of Durham can come up with a solid proposal for maintenance of the cemetery. Chairman Lemke read the letter by Elizabeth Durham Joseph asking that the Durham Cemetery be dedicated as a Pioneer Memorial Park. Hearing closed to the public and confined to the Board. S91 Discussion of what portion of the cemetery was being considered for abandonment held at this time. I~Iz=: Slackstock stated that the entire parcel was being considered at this time. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, Durham Cemetery was abandoned and dedicated as a Pioneer Memorial Park as set out on ther:map dated September 17, 1973; further Counsel was instructed to bring quiet title action in the appropriate court of law for the purposes of determining legal ownership; Counsel was instructed to work in conjuction with the District Attorney or Attorney General, whichever is appropriate, to look into the matter of the alleged trust fund and submit to the court for decision as to whether it is in the best interest that the $10,000 be under public control as distingusliedr. from private control; Resolution 80-74 was adopted and the Chairman authorized to sign. Discussion of law enforcement in Durham, Cohasset and Forest Ranch areas held at this time. DISCUSSION OF LAW ENFORCEMENT IN DURHAM, COHASSET AND FOREST RANCH AREA - ESTABLISHMENT OF COMMISSION'ON LAW ENFORCEMENT SERVICES Discussion open to the public. Appearing: 1. Howard Clark, Golden Feather Community Association. Mr. Clark stated that law enforcement in the mountain areas has been a concern for some time. Butte County is one of the largest counties in size and population. The Sheriff's Department is one of the smallest departments in northern California. In the last four years there has been an increase in the Sheriff's budget of 11%. With an 8% inflationary average there is a~loss of purchasing power of some 21%. In the last four years, from 1976 to 1980 the population has increased 42%. He wondered why the Sheriff's Department had not grown to meet the demand. He did not know whether there was efficiency within the department or whether there was enough money allocated. He did not see unity in the comments he has received from the different individuals he has talked to about the budget. He did not have all the facts. He wondered if an efficiency management study could be done to see what was needed. Clif Mickelson,.administrative officer,. stated that the budget for the Sheriff's Department from 1970-~to 1980 showed an increase of 45%. The population of the whole county and unincorporated area was an increase of 37%. If the Paradise area was taken out of that there would be an increase in the population of the unincorporated area of 7% where there was an increase of 45% in the Sheriff's budget. There are about 45,000 people in Paradise that will no longer need patrol<. from the Sheriff's Department. The average deputy will cast about 535,000 per year. Mr. Nickelson stated there were many organizations that could make a study. He felt the information could be generated locally without hiring consultants. Page 348. April 15, 1980 April 15, 1980 80- 3. 2. Mr. Geralds. Mr.Geralds stated that at one time there was a resident deputy assigned to the Concow area. They had very little trouble at that time. There ar-e<a great deal of burglaries taking place in the Concow area since the resident deputy was taken away. He would like to see something done. 3. James Fink, Berry Creek. Mr. Fink stated that their area has four police officers who are retired and would be willing to patrol the area on a volunteer basis. The only cost might lie for equipping the officers. People are not able to leave their property because of the fear of being burlarized. 4. James Molk, Yankee Hill. Mr. Molk stated that he had listened to the statistics presented by Mr. Nickelson. He wondered why the increase was not in their area. He wondered how the Supervisorial Districts had been changed. S. Jan Holman, Durham. Ms. Holman felt that the Sheriff's Office was going the best they could with the personnel they have. She was concerned not only with the people's safety but with the•officer's safety. She felt that fixe and police services and the schools should be priorities. There is drug trafficing in the park in Aurham. She felt the lack of a regular patrol in the Durham area was part of their problem. She suggested there be a minimum protection of 16 hours per day for 365 days a year in the Durham, Dayton, Nelson area. She would like to see eight hours spent on the day shift and eight hours on the night shift. After meetings had been held in Durham it was felt that a neighborhood watch program should be established. They are working on this avenue. She submitted petitions from the Durham area at this time. 6. Nancy Kepner, Durham-Dayton. Ms. Kepner was concerned with the lack of protection. There are about twelve people in the Chico Substation that cover 400 square miles. This means they cannot patrol Durham on a regular basis, only for reaction to a crime. There is a need for more protection. 7. Lyle Bennett, Durham. Mr. Bennett felt that the law enforcement people in the county were superb. He felt there was a need for more personnel. Continued to latera:in the meeting. APPEARANCE: LYLE BENNETT, DURHAM VOLUNTEER FIRE DEPARTMENT Mr. Bennett spoke regarding revenue sharing funds. They had submitted a letter to the Board with a request for revenue:<. sharing funds. He asked that the Board correct the letter to reflect $1,300 for the Hale pump. In the last five years the community has.r contributed about $25,000 to the volunteer fire department. Theyhave;~ spent the money on truck build up and a new pump. He asked that the Board consider their request. 592 APPEARANCE: WzLLTAM HOUSTON Mr. Houston spoke regarding the County Counsel's Office. He felt that it was not an accepted office. Mr. Houston presented a letter on ahe matter. 593 DISCUSSION OF LAW ENFORCEMENT IN DURHAM, COHASSET AND FOREST RANCH AREA - ESTABLISHMENT OF COMMTSSTON ON LAW ENFORCEMENT SERVICES Discussion of law enforcement in aurhnn,Cohasset and Forest Raneh area was held as continued. 594 Appearing: Page 349_ April. 15, 1980 Aril 15, 1980 80- 1. Willard Connor, Stirling City. Mr. Connor stated that his area is having trouble with law enforcement. There was a resident deputy that was injured and not replaced. There is a difference between what has been told to the people in his community regarding police protection services. They have been told that the Sheriff has been given everything he asked for and the Sheriff's Office says they have quality but not quantity. _ 2. Nancy Kepner, Durham. Ms. Kepner asked why the two people that left the Chico Substation were not replaced. Dick Steinberg, undersheriff, stated that the Sheriff's Office have 14 deputies in Chico. There are not two people who have left that have not been replaced. Mr. Steinberg spoke regarding the increase in the Sheriff's budget. There have been programs mandated by law that have increased the budget but have not put any more patrolmen on the street. Last year, they asked to have 16 CETA employees transitioned. They were allowed 7 in the jail and four in patrol. The deputies were taken out of the mountain areas to the valley. Sheriff Gillick stated that about three years ago there was a reorganization of the Sheriff's Office. At that time they had had no day patrol in the field in Oroville. They had requested that five additional positions be transitioned at budget time and did not get them. He welcomed a survey of the department by a competent group. Hearing closed to the public and confined to the Board. A commission on law enforcement services was established. The commission will have a representative from the community in each of the rural areas, The Administrative Officer, the Sheriff's Department representatives, the Auditor and Chairman Lemke. Consideration of nominations for the representatives from the community to be considered on April 22, 1980. RECESS: 12:02 p.m. RECONVENE: 12:07 p.m. ADOPT ORDINANCE 2095: PUBLIC HEARING: TRACY INVESTMENTS -PROPOSED NEGATIVE DECLARATION AND REZONE FROM "R-3" (MEDIUM DENSITY RESIDENTIAL) TO "C-2" (GENERAL COMMERCIAL), PROPERTY LOCATED ON THE SOUTHWEST CORNER OF MIDWAY AND BROWN STREET, IDENTIFIED AS AP 40-234-01, DURHAM The public hearing on Tracy Investments proposed negative declaration and rezone from "R-3" (medium density residential) to "C-2" (general commercial), property located on the southwest corner of Midway and Brown Street, identified as AP 40-234-01, Durham was held as advertised. Bettye Blair, planning director, set out the background of the rezone. 595: ": • Earl Nelson, environmental-review director, set out the background of the negative declaration. Hearing open to the public. Appearing: Bud Tracy. Mr. Tracy set out what type of development was. being proposed. The people in Aurham are not opposed to the development. Hearing closed to the public and confined to the Board. Page 350. April 15, 1980 80- _________==-__Apri_115~ 1980 =_-_______-______-- On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, finding the proposed project could not have a significant effect on the environment, a negative declaration was recommended. On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, the rezone from "R-3" (medium density residential) to "C-2" (general commercial), property located on the southwest corner of Midway and Brown Street, identified as AP 40-234-01, Durham was approved finding the proposal in conformance with the Butte County General Plan; Ordinance 2095 was adopted and the Chairman authorized to sign. ADOPT ORDINANCE 2096: PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION - REZONE (ITEM ON WHICH DRAFT EIR HAS SEEN CERTIFIED) FROM "A-2" (GENERAL) TO A COMMERCIAL ZONE, PROPERTY LOCATED ON BOTH SIDES OF STATE HIGHWAY 32 FROM MUIR AVENUE TO ARBOR DRIVE The public hearing on Butte County Planning Commission rezone (item on which a dxaft EIR has been certified) from "A-2" (general) to a commercial zone, property located on both sides of State Highway 32 from Muir Avenue to Arbor Drive with consideration having been given to "C-2" (general commercial), "C-1" (light commercial), "H-C" (highway commercial) and "C-C" (community commercial) was held as advertised. 596 Bettye Blair, planning director, set out the background of the rezone. The Planning Commission recommended the entire area be rezoned to a "C-2" zoning area. Earl Nelson, environmental review director, set out the background of the environmental impact report. The Board adopted the EIR when the General Plan was considered and approved on October 30, 1979. Hearing open to the public. Appearing: 1. Robert Morton. Mr. Morton spoke in favor of the rezone to "C-2" zoning. 2. Wilbur Stanley. Mr. Stanley spoke in favor of the "C-2" zoning. He felt that "H-C" zoning would be impractical in the area. 3. Marian Whitaker. Ms. Whitaker spoke in favor of the "C-2" zoning. 4. Robert White. Mr. White felt that the area should be zoned "C-2" zoning. Mr. John Teague would also 13ke to have the area zoned "C-2" zoning. 5. Lee Keefoffer. Mr. Keefoffer did not feel that "H-C" zoning would be practical. He favored "C-2" zoning. b. Carl Albert. Mr. Albert asked if the "C-2" zoning gave any thought to families living in the area. He owns property and would like to have his animals on the property. Mr. Albert was advised that he would have to have his animals on the property before the property was zoned "C-2" as it would not be allowed under that zoning. The existing animals would be grandfathered in. 7. Lyle Wood. Mrc Wood spoke in favor of the "C-2" zoning. Hearing closed to the public and confined to the Board. Page 351. April 15, 1980 80- a 597 _ _ _ _ April 15, 1980 _ _ _ _ - On motion of-Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, acknowledging the environmental impact report for this area previously certified on October 30, 1979 which was reviewed and considered in arriving at a decision, the following findings were made: 1. Development which occurs pursuant to this rezone approval-may result in significant environmental effects in the areas of potential traffic increases and conflicts with adjoining agricultural lands. 2. Alternatives are being rejected because they do not conform to the previously adopted map of the Land Use Element of the Butte County General Plan. 3. Although there are anticipated to be significant environs mental effects in connection with development which may occur pursuant to this approval, there are overriding considerations which justify project approval including: a. The rezone is necessary to implement the existing General Plan Land Use Element Map. b. The rezone pattern was formulated taking existing land use patterns into consideration, as well as the future development potential of the area. c. The General Plan Land Use Element expresses a need to provide surplus quantities of property in each type of land use category to minimize hindrances to the operation of the competitive free market further finding the rezone as approved is in conformance with aII elements of the Butte County General Plan and specifically the map of the Land Use Element adopted October 30, 1979. having made the above findings, the rezone from "A-2" (general) to "C-2" (general commercial), property located on both sides of State Highway 32 from Muir Avenue to Arbor Drive was approved; Ordinance 2096 was adopted and the Chairman authorized to sign. PUBLIC HEARING: CLARENCE WOOD - APPEAL OF CONDITION ON TENTATIVE PARCEL MAP AND PUBLTC HEARING ON FLOYD REYNOLDS - APPEAL OF CONDITION ON TENTATIVE PARCEL MAP - CONTINUED TO APRIL 22 19$0 The following public hearing; were held as advertised: 1. Clarence Wood appeal of condition lfi on tentative parcel map relating to the fire department's requirement for fire hydrants, four lots, AP 44-02-24, property located on the southeast corner of Garner Lane and the Esplanade, Ghico. 2. Floyd Reynolds appeal of Condition 6 on tentative parcel map relating to a permanent solution to drainage, AP 42-14-96, two lots, west side of Oak Way, east of Glenwood Avenue, Chico. Hearing open to the public. Appearing: No one.. The hearing were continued to April 22, 1980 at 11:45 a.m. 598 APPEARANCE: JOHN ROONEY Mr. Rooney spoke regarding the problem with the James Brothers railroad operation adjacent to his farming operation. There are twelve employees who are refurbishing railroad equipment. This is in an "A 40" zoning district. He asked what could be done. Page .352.. April 15, 1980 April 15, 1480 g0_ Bettye Blair, planning director, set out what had happened $ with the property. Five of the mobile homes are legal with permits. The violation cited is the cleaning of cement cars. The people have been noticed and have 30 days tq cease operating the cleaning of cement car rail stock. Mr. Rooney felt that this was the intrusion of industrial uses into agricultural areas. The' people are painting and welding on these cars. The farmers will have to file an EIR for the pesticides they use and he felt these people should have to file an EIR on their operations. Chairman Lemke advised Mr. Rooney that if his allegations were correct the matter would be taken care of by the Board. 599 DIRECT PUBLIC WORKS TO ISSUE PERMIT FOR H. D..PAYNE FOR CAMELOT - SUBDIVISION LOT 60 H. D. Payne asked that the Bnard grant a variance so that he might obtain a building permit for his property in Camelot Subdivision. There is a need for a setback to the building setback frgm the road. Del Siemsen, deputy county counsel, stated that the problem is that Camelot Subdivision was a pxivate road subdivision. The map that was recorded included a setback from the centerline of the private roads. Public Works has taken the position that this setback applies to wells. They will not allow the hookup of the mobile home. Because these are private roads the setbacks are not applicable. The Board should direct Public Works to approve the permit or hookup. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, Public Works was directed to issue the permit for H. D. Payne, Camelot Subdivison Lot 60. 600 ADOPT RESOLUTION 80-75 SETTING PUBLIC HEARING DATE FOR COOK & ASSOCICATES ABANDONMENT OF PUBLIC UTILITIES EASEMENT, KELLY RIDGE ESTATES, LOT 195, UNIT 4B AND LOT 326, UNIT 4C On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, Resolution 80--75 setting a public hearing date of May 13, 1980 at 10:00 a.m. for consideration of Cook & Associates abandonment of gublic utilities easement, Kelly Ridge Estates, Lot I95, Unit 4B and Lot 326, Unit 4C was adopted and the Chairman authorized to sign. 601 ADOPT RESOLUTION 80-76 SETTING PUBLIC HEARING DATE FOR J. SIMONDS ABANDONMENT OF PUBLIC UTILITIES EASEMENT AND RECREATIONAL EASEMENT, PARADISE PINES COUNTRY CLUB ~~~+, LOT 88 On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, Resolution 80--76 setting a public hearing date of May 13, 1980 at 10:00 a.m. for consideration of J. Simonds abandonment of public utilities easement and recreational easement, Paradise Pines Country Club ~~4, Lot 88 was adopted and the Chairman authorized to sign. 602 PUBLIC HEARING DATE SET The following public hearing dates were set: 1. A public hearing date of May 20, 1980 at 10:00 a.m. was set for consideration of Butte County Planning Commission proposed negative declaration and amendment to Butte County General Plan, Housing Element. Page -353. April 15, 1980 April 15, 1980 80- 2. A public hearing date of May 6, 1980 at 10:30 a.m. was set ~ for consideration of William Burch proposed negative declaration. and rezone from "AR-5" (agricultural residential - five acre parcels) to "TM-S" (timber ountain - five acre parcels) property located on the east side of State ighway 32 at Fitzgerald Drive, identified as AP 63-18•-2 (portion), Forest Ranch. 3. A public hearing date of May 6, 1980 at 10:45 a.m. was set for consideration of Jack Goodman proposed negative declaration and rezone from "A-2" (general) to "C-2" (general commercial) that property located on the northwest corner of Mangrove Avenue and 9th Street, identified as AP 45-034-21, Chico. 4. A public hearing date of May 6, 1980 at 11:00 a.m. was set for 3ames T. Clanton rezone {item an which negative declaration has been reviously certified) from "C-1" (light commercial) and "A-R" (agricultural residential) to "M-1" (light industrial) that property located on the southeast corner of Lincoln Boulevard and Ophir Road, identified as AP 36-27-50 and 51, Oroville. 603 APPROVE CONFLICT OF INTEREST CODE - PUBLIC HEALTH DEPARTMENT On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the conflict of interest code for the Public Health Department was approved and the Chairman authorized to sign. 604 APPOINTMENTS TO MENTAL HEALTH ADVISORY BUARll On motion of Supervisor Wheeler, seconded by Supervisor Moseley and unanimously carried, the following persons were appointed to the Mental Health Advisory Board: Ada Brown Virginia Lewis B. E. Ireland 605 APPOINTMENTS TO OVERALL ECONOMIC DEVELOPMENT PROGRAM COMMITTEE On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, the following were appointed to the Overall Economic Development Program Committee: Paul Wood John Staton Dennis Robinson Bill McCain 606 ADOPT RESOLUTION 80-77 IN SUPPORT OF AB 3172 (ATTORNEY FEES) On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, Resolution 80-77 in support of AB 3172 (attorney fees) was adopted and the Chairman authorized to sign. 607 WAIVE FIRST READING OF ORDINANCE AMENDING CHAPTER 14 OF THE BUTTE COUNTY CODE RE: OPERATION OF MOTOR VEHICLES IN THE AREA OF LINDO CHANNEL TO THE SACRAMENTO RIVER On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, the first reading of the ordinance amending Chapter 14 of the Butte County Code making it unlawful to operate any motor vehicle in the area commonly know as the Lindo Channel, consisting of all of Lindo Channel to the Sacramento River was waived. Page "354• April I5, 1980 April 15, 1980 80- 608 COMMUNTCATTONS b Rick Scholk, Ghico. Mr. Scholk writes appealing conditions on a parcel map for AP 46-I73-02, four lots, south side of 20th Street at the intersection with Mulbery Street, Chico. Administrative Office to write letter to Mr. Scholk advising there is no appeal after the final map has been recorded. Rolls, Anderson and Rolls, Chico. The engineers, on behalf of Sergio Orestano, file an additional appeal regarding condition 12 on the Camino Real Subdivision., AP 44-37-06, 48 lots, south side of Eaton Road, between Morseman Avenue and Burnap Road, Chico. Set for May 6, 1980 at 10:15 a.m. Ron Graves & Associates, Oroville. The surveyors, on behalf of Joe Vielbig, appeal the Advisory Agency's denial of the proposed conditional negative declaration and tentative parcel map, AP 58-33-09, three lots, south side of Hoffman Road, approxi- mately 1/2 mile west of Concow Road, Concow area. Set for hearing May 13, 1980 at 10:45 a.m. Robert E. Boyden, Oroville. Mr. Boyden writes requesting that the Board make recommendations against the Peripheral Canal and suggests alternative proposal. Discussed; no action taken. State Health and Welfare Agency. Mario G. Obledo, secretary, writes thanking the county for its cooperation and collective efforts in developing a state/county partnership in the area of health and welfare programs and concerns. Information; no action taken. _of the Army - Corps of Engineers. The department writes requesting information on the need and potential support for additional recreational facilities and fish and wildlife resource improvements to be considered during the Sacramento River and Tributaries Bank Ptotection and Erosion Control Investigation. Referred to Supervisor Dolan and Public Works. 609 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Chairman Lemke stated that the Board had received a letter from the Morin County Board of Supervisors asking for support for the increased funding for the mosquito abatement programs. 610 The Board received a copy of a letter from Los~:Angeles county on rob someone and go to ,jail. Minasian, Minasian, Spruance & Bober. The attorney, on behalf of Newhall Land and Farming Company, write regarding the proposed issuance of a permit to Jai Chand and Vati Chand for construction of a barge landing at the end of Wilson Land Road. Considered earlier in the meeting. ~lizabeth Durham Joseph, Sacramento. ~Ms. Joseph writes asking-"that the Board abandon the Durham Cemetery and dedicate it as a Pioneer MemoriAl Park. Considered earlier in the meeting. John Hamby, Paradise. The surveyor, on behalf of Robert Johnston, appeals the Advisor~gency's denial of proposed negative declaration and tentative p reel map, 4 parcels, northwest quarter of Section 16 T23N R3E east side of Doe Mill Road, south side of P1aceRoad, 1200+, AP 63-01-100, Paradise area. Set for hearing on May 6, 1980 at 11:15 a.m. Page 355, April 15, 1980 80- 6I1 April 15, 1980 _ John Hamby, Paradise. The-surveyor, on behalf of T. C. Hunt, appeals the Advisory Agency's denial of proposed negative declara~.ion and tentative parcel map, AP 58-21-76 (.portion), 2 parcels, east side of Big Send Road. south of Highway 70 where it intersects with Pu1ga Road, Yankee Hill area. Set for hearing May 6, 1980 at 11:15 a.m. Thomas W. White, Chico. Mr. 'White appeals the Advisory Agency's denial of proposed conditional negative declaration and tentative parcel map, AP 47-23-79, 4 parcels, on the northwest side of Keefer Road adjoining Henganridge Country Subdivision, north Chico area. Set for hearing May 13, 1980 at 11:00 a.m. Geddis, Driscoll & Associates, Oroville. The engineers, on behalf of Mr. Peter Bradley, appeal condition 13 on Dunstone Oaks Subdivision, AP 27-23-57, 28-27-153 & 157, 9 parcels, 300 feet east of Dunstone Arive on Cox Lane to property Tine with access on Dunstone Circle, Honcut area. Set for hearing May 13, 1980 at 11:15 a.m. ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Moseley presented the Certificate of Merit from the Governor's Committee on Employment of the Handicapped. Discussion with Judge Rutherford on the status of the Court Referral System to be considered April 22, 1980 at 1:30 p.m. ADJOURNT~NT There being nothing further before the Board at this time, the meeting was adjourned at 1:02 p.m. to reconvene on Tuesday, April 22, 1980 at 9:00 a.m. ATTEST: CLARK A. NELSON,OOUNTY CLERK- RECORDER and ex-officio Clerk o e rd of Supervisors By Page 356. Chairman, Board of Supervisors April 15, 1980