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HomeMy WebLinkAboutM051777-~ May 17, 1977 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board o£ Supervisors met at 9:00 a,m, pursuant to adjournment. Present: Supervisors Lemke, Madigan, Moseley, Winston and Chairman Richter, Clif Nickelson, Administrative Officer, Dan Blaekstock, County Counsel, and Clark A, Nelson, County Clerk, by Margie Catt, Clerk of the Board. Pledge of allegiance to the Flag of the United States of America Invocation by Supervisor Lemke 77-,944 APPROVAL OF MINUTES On motion of Supervisor Madigan, seconded by Supervisor Winston and unanimously carried, the minutes of May 10, 1977 were approved as mailed with the correction on Page 171, Item 77-905, change last two words to read "private non-profit" and in the motion state the Board set the policy for the Man Power Planning Council, 77-945 COMMUNICATTONS Louie C, Wells, Oroville, Mr, Wells submits his resignation as the Disabled .J D O O American Veterans' representative to the Oroviile Memorial Hall. /' See motion following communications, Lime Saddle Community Service District. The DistricC submits a request for $100,000 in revenue sharing funds to be used to acquire a headquarters building and water distribution facilities within ~,3(~, Q p the District's service area. Information only. Chico Area Recreation and Park District. The District writes concerning d khe Board of Supervisors being designated as the Butte County X00• ~ a Area Agency on Aging, Information only. Oro Ridge Properties, inc.. The Firm writes concerning the placement of signs by the State of California within the Kelly Ridge development. C~5"Q, l Supervisor Winston questioned County Counsel about this; no action taken. Charles F, Lueder, Oroville. Mr. Lueder submits petitions for variance to provisions of Sections 19-LO and/or 19-12 of the Butte County Code for placement of a mobile home on AP 36-31-10, 4100 FooChill Blvd „ ~J3,0 ~, Oroville. Set for hearing on May 31, 1977 at 10:00 a.m. Mrs. Stan Statham, Chico. Mrs.Statham appeals CheBoard of Zoning Adjustments denial of a use permit which woald allow four signs 34 feet from the center line of East Avenue, on the north side of East Avenue ~ Tj approximately 1100 feet west of Cohassett Road, Chico. Set for hearing on May 31, 1977 at 10:30 a.m. DepartmenC of Housing and Urban Development. The Department advises that $61,296 has been made available for use in the Section 8 existing housing program within Butte County, Information 7Z Z• ~~ President Jimmy Carter, President Carter writes concerning expansion of the ~ ~_ S-~ Comprehensive Employment and Training Act (CETA), Information. Francis X. Callahan, Chico. Writes requesting Board to authorize his fence to be matired back five feet on his property located at 1020 West 12th Ave., Chico. Discussed. Mr, Castleberry will convey the Board's feeling ~/ 3 . O v of no compromise Cn him. Page 184, May 17, 1977 .~",~ May 17, 1977 > > Telegrams from Arthur Douglas, Grant Officer, San Francisco. Informs the ~ Board about the implementation of Title II Economic Stimulus Program ~a ~. extending Manpower programs through Sept. 30, 1977 and another section through Dec, 1977. See motion following communications. Floyd I,Nolan. Appeal decision of Subdivision Violation Committee concerning ~ placement of mobile home on his property on Scenic Lane, Chico. ,/ ~, a Set for hearing on 3une 7, 1977 at 9:45 a.m, Butte County Schools. Special Advisory Committee for CETA Youth Employment ~~ 3, s--p Program. No action needed, Imohl Brown, Chico. Complaint concerning Butte County Housing Apartments problems in Chico. George Walker has told him that the Butte County Legal Council is now defending these trouble makers. He feels that it is a very disturbing situation when one tax supported agency r~2~,p o attacks anouther county tax supported agency, Supervisor Madigan felt // Congressman "Bizz" Johnson should be contacted concerning this practice and if he is coming home to California for Memorial Day holiday, then determine if a meeting could be set up with him, Ray Johnson and Stan Statham to diacusa these programs. Chairman Richter feels that the question of Legal Services dealing with Welfare Fraud should also be discussed. Administrative Officer to contact Congressman Johnson and determine if he will be in California during the Memorial Day Holiday and if he is to be here, set up a meeting for the Board members to discuss these questions with him. 77-946 APPOINTMENTS TO OROVILLE MEMOI2IA7, uAT.r.~ nrGAnT.Fi On motion of Supervisor Winston, seconded by Superiisor Moseley and unanimously carried, Mr. Leonard F. Reynolds was designated as the Disabled American Veterans' representative to the Oroville Memorial Hall and Mr. George W, Curtis was designated ae the alternate. 77-947 AUTHORIZE RESPONSIVE TELEGRAMS RE TITLE TT ~ TITLE VT FUNDS FOR GRANT FUNDS EXTENDING GRANT TO SEPT. 1977 On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, a telegram was authorized to be sent to the Grant Officer requesting Fedexal funds and agreeing to the terms of the telegram from GranC Officer, San Francisco, modifying the present grant by extending it to September, 1977, with a formal modification to be approved later to extend the programs through December, 1978, 77-948 PROGRESS REPORT ON STATUS OF EFFORTS TO ELIMINATE PROBLEMS AT WHISKEY FLAT & OTHER AREAS _ Progress report on status of efforts to eliminate problems at Whiskey Fiat and other areas acknowledged by Board members. Supervisor Lemke stated he hoped that there would be a follow up on some of the previous complaints. No action taken, 77-949 AUTHORIZE PURCHASE OF MOBILE RADIOS The Fire Department requests authorization to purchase two used mobile radios for $50 each. On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, purchase of two used mobile radios for $50 each authorized and funding from savings available in the Fire Department's fixed asset account approved. Page 185. May I7, 1977 ~'1 c m r a a c .o c: n m: c m~yalT,clg77 c r a a c a a: a a m a s a c 77-950 ADOPT RESOLUTION 77-80 ESTABLISHING JUST COMPENSATION AT $500; HOUSING AND COMMUNITY DEVELOPMENT - PROPERTY A UI5ITION Proposed is the acquisition of property at 2650 81gtn St., Oravil3e. On motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, Resolution 77-BO establishing just compeasatioa at $500 adopted sad the Chairman authorized to sign. AYES: .Supervisors Lemke, Madigan, Moseley and Chairman Richter ABSTAINING: Supervisor Winston 77-951 AUTHDRIZE ADMINISTRATIVE OFFICE TO APPLY FOR SECTION 235 PRELLMINARY RESERVATION: HOUSING AND COMMUNITY DEVELOPMENT Section 235 low and moderate income housing funds are being made available. Funds discussed. On motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, Administrative. Officer was authorized to apply for Section 235 preliminary reservation for Housing and Community Development. 77-952 HOUSING & COMMUNITY DEVELOPMENT: App ROVE SECTION B RENT SUPPLEMENT Butte County Housing Authority has an existing Section 8 rent supplement allocation of 27 unite. Larry Brooks explained the situation. He reported that the staff would he willing to support the program sad will reserve some of the units. Mr. Brooks stated that the Board should formally request that 15 units of Section 8 be reserved for the South Oroville project area. On motion of Supervisor Lemke, seconded by Supervisor Madigan and carried, the Housing Authority is requested to allocate 15 units of Section 8 to the South Oroville project area. AYES: Supervisors Lemke, Madigan, Moseley and Chairman Richter NOES: Supervisor Winston 77-953 AUTHORIZE ADMINISTRATIVE OFFICE TO REQUEST FINANCIAL ASSISTANCE THROUGH FEDERAL REGIONAL COUNCIL: WORK PROJECT ADMINISTRATION DITCH The WPA ditch running through the Oroville 5outhside neighborhood has been determined to be a health and aa£ety hazard. It was felt that this should be handled at this time. On motion of Supervisor Winston, seconded bq Supervisor Moseley and unanimously carried, Administrative Offiee was authorized to request financial assistance through the Federal Regional Council 1n San Francisco. 77-954 ADOPT RESOLUTION 77-81 AUTHORIZING PROCESSING COUNTY ADMINISTRATIVE OFFICER TO CARRY OUT SECTION 312 REHABILITATION LOAN PROGRAM On motion of Supervisor Winston seconded by Supervisor Madigan and unanimously carried, Resolution 77-81 authorizing processing County Administrative Officer to carry out Section 312 rehabilitation loan program was adapted and the Chairman was authorized to sign. T7-955 COUNTY AUTHORIZED TO TARE SUBORDINATE POSITION IN MATTER OF AMBROSE HUD LOAN Larry Brooke stated Chat have a 312 loan going through on the Ambrose property. There is a lien against the property for an outstanding bill with the old Butte County hospital. It ie being suggested that the County agree to take a subordinate position in this loan. ~.. Page 186. May 17, 1977 {'~ ~ n~ n~ m s a: e e ae ~ d7Fy~17~e1£77 a s ar a se x m .r r te: v d n: On motion of Supervisor Madigan, seconded by Supervisor Lemke aad unanimously carried, the Board authorized the County to take a subordinate position in the matter of the Ambrose ]i[JD loan. 77-956 PUBLIC HEARING; STREET RENAMING IN PARADISE ADDRE53 AREA: ABOPT-REBOLUTION 77-82 The public hearing on the street renaming in Paradise address area held at this time.Clay Castleberry, Director of Public Works, set out Che background of the hearing, etatiag that hearings have been held in the Paradise area concerniag these street reaaminga. Mr, Castleberry said he would like to have No. 7 on the list withdrawn. Hearing opened to the public. Appearing; 1. Nathan Relyea, 6220 Berkshire, Paradise. He objected to the chaage of Bershire Way; he has checked with ell the emergency facilities and there is no conflict with the Way or Avenue. Bob Malquist, Public Works, stated that the Street Naming Committee recommended that it be called "Berkshire" without the Avem~e or Way, 2, Mr, Harry McKean, Humbug Road. He objected to No, l7, change of Humbug Road to Martin Camp Road. Aeariag closed to the public and coafined to the Board. On motion of Supervisor Lemke, seconded by Supervisor Madlgaa and unanimously carried, Resolution 77-82 approving renaming of county roads was adopted, with the deletion of Berkshire Avenue, Bershire Way, Carolyn Way and Humbug Road (the oae changing to Martin Camp Road), and Chairman authorized to sign, with actioa implimeating the changes to be held in abeyance uatil the numbering program is completed, which should be within the next nine months, Supervisor Lemke set out his thanks to the members of the Paradise street naming committee, etatiag that the? were an out-standing group of people. 77-957 W. A. WEiNREICH-APPEAL OF DENIED PARCEL MAP, THREE LE3TS, AP 4k-44-29 (PORTION), NORTEiW_EST CORNER OF HWY. 99 AND RICKS LANE CHICO Hearing an W, A. Weinreich appeal of denied parcel map, three Iota, AP 44-44-29 (portion), aorthwest corner of Hwy. 99 and Hicks Lane, Chico held as advertised. Background of the appeal set out. It was felt that the map did not comply with the County General Plan. Hearing as the negative declaration opened to the public. Appeariag: No one. Hearing closed and coafined to the Board. On motion of Supervisor Madigan, seconded by Supervisor Moseley and unanimously carried, negative declaration for W. A. Weinreich parcel map, dated Augvst 2, 1976, was adopted, with the finding that it w3T1 have no significant effeot on the environment. Hearing on appeal opened to the public at this time. Appearing: 1. Mr. Bachman, representing Mr. Weinreich. He stated that the proposed development was a racket ball club, They fees that it is in conformance with the proposed use, and ie compatible with the existing uses in the area. It is is an area adjacent to open apace. Page 187. May 17, i977 ~ ~: May 17, 1977 a s s a a a a s s s v a a v a x a a c a a a a a a a a a a a a a s a a Chairman Richter stated he would like to look at the map. Hearing recessed until later in Lha meeting. 77-958 APPROVE BUDGET TBANSFER5 Oa motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, the following budget transfers were approved: • H-130 Sheriff-Enforcement, The purpose of this trarsfer is to increase the sheriff's appropriation For extra help by ~Z,S00 to ccver costs of security services provided to public activities in accordance with Board of Supervisors policy established in 197;-76 to be financed by revenue for services. 8-131 Elections. Transfers $1,696 from publications and legal notices; with ~196'.going to transportation and travel and $1,500 to ^_si-=tenanee of equipment. This 'transfer is to provide an appropriation for the IB'~i equipment maintenance as this was not inclu3ad ir. the current yeaz budget. It is also to provide an appropriation for additional transportation of ballots to the Data Processing Center and various service centers for two countgtride eleetians, H~2 Supplemental man ower rodram - CETA Title T. This transfer allocates ~1,O16,29j of federal revenus to various CETA TTitle T prcgrama through Saptembsr 30,' 1977 as reported to the Board on Novembor 23, 1976; Min;:te Order 76-1992 and also reallocates X118,108.27 of the obligated fiords from pricy CETA Title I grants, B_ 133 Supplemental manpower ro ram - CETA Title II and Title VI, The ptu•pose of this transfer is to allocate $270,581 of federal revenue (CETA Title II) and X1,078,320 of federal revenue (CETA Title VI) to various p+iblic service employment programs through Septe~ber 30, 1977. This Transfer also reallocates deobligated funds a.,.ounting to X1,181,298.14 from prior CETA II and CETA VI programs, all in accordance with the report presented to tY.e Board at th_ seeting of danuar;~•11, 1977 and approved by ,Resolution 77-49. Total amount of this transfer is X2,530,199.14. 77-959 APPROVE CONTRACT WITH PETER'S ENGINEERING FOR LIGHTING SYSTEMS "-~"" BUTTE COUNTY FAIR Bids have been secured from electrical engineering firms to perform the ` deslga, pleat study, and contract administration for the purpose of upgrading the lighting system on the Butte County Fairgrounds. Peter's Engineering has submitted a proposal far $3,000 which has bees approved by the Fair Soard. Oa motion of Supei~trisor Winston, seconded by Supervisor Moseley and unanimously carried, contract with Peter's Engineering was approved and the Chairman authorized to sign. 77-960 ADOPT RESOLUTION 77-83 AUTHORIZING PURCHASE FROM MALLORY EQUIPMENT SALES OF HOG PENS: BUTTE COUNTY FAIR Bids have been received for the purchase of 60 hog pens and 180 feet alleyways sad hardware, with ,the low bidder being Mailorq Equipment Salsa Company of Hutchinson, Kan9as in the amount of $7,756.82. On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, Resolution 77 83 authorizing purchase from Mallory Equipment Sales~ndapted, Chairc~an authorized to sign, sad payment authorized upon completion. 77-961 CONTINUATION OF BEARING ON W. A. WEINREICH APPEAL OF DENIED PARCEL MAP: APPEAL GRANTED . The continuation o£ hearing on the W. A, Weinreich appeal of denied parcel map, ;three Lots, AP 44~k4-29, (portiosi), i-orthwest corner of Hwy. 99 Page ;188, May 17, 1977 r^. n a s e~ a a a s s R~ e ~ a~~nl~~s~'re7~ s a c .. we R R s C! C z .. r and flicks Lane, Chico held at this time. Map set out and discussed; this is grazing land or could be urban. Chairman requested Board action at this time. On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, appeal of W. A. Weinreich of denied parcel map was granted, subject to the conditiane imposed ea follows: Zoned C-C W. A. 1Veinreich, AP 44-44-29 (portion, d tots, G.P. 1-4 du/ac northwest corner of Flwy. 99E and Flicks Lane, ~ Chico. Dngineer: Jerry Compton Pursuant to the requirements of Section 20.3 of the Butte County Code, ' the tentative parcel map of the above identified property has been re- j viei~e~ by the Butte County Subdivision Committee and the Pianxcing Cor.!r.!i s s i on . 1 The Subdivision Committee and the Planning Commission recommend approval of the tentative map, subject to the Following conditxons•: 1. Provide a road maintenance agreement, if not taken into County ~, system. -_ . Z. Sow n area f 'o o f i e ealth Dept. . 3. v de ra rs y ~ • o utte. r , .4. .CBS eT ZCceSS ~.orrd. '~ ES - 7 e 5. Submit drainage plans includ3.nq crassinR of 5udad ditch to the slept. of Public Works For approval and install requsred facilities .• 6. Construct cul -de -sac to Parcel J~'. 7. Indicate a 55 ft. building setback from the Centerline of Hicks• Lane. 8. Show alI easements of record on the final man. 9. Access easements to be reserved in deeds per County Ordinance i £ not taken into County system. 10. Place guard rail on bridge as required by the Dept. of Public Jttorks. ~~~(1~ 5 ri ll.~ Street na~nea d h 4 ~ ' o ins n . A J:egative beclaration Regaxding Environmental Impact was filed with • the County Clerk on August 3, 1976, finding the proposal is in confpr- mance with the zoning covering the property and existing uses on the project site. Page 189. Msy i7, 1477 ~ ~ May 17, 1977 - - - - - - - - - - - - - - - - - - - - - a s = m s a s a s a a a a 77-462 APPROVE CONTRACT AMENDMENT DCRC EQUIPMENT An amendment to our contract with the State Office of Narcotics and Drug Abuse to permit the County to pwrchase furniture for the DCRC Office in Chico has been prepared. Equipment purchase was authorized by the Board on May 3. On motion of Supervisor Winston, seconded by Supervisor Lemke and carried, contract amendment to contract with the~5tete Office of Narcotics and Drug Abuse was approved and the Chairman authorized to sign. 77- OF CHICO n renewal agreement with th ridge of Chico, Inc., known as Helpliae has been prepared for services of ens Bring the drug counseling and referral centers' telephone-lines during o£f hours. Contract is for a cost of $100 per month or $1,200 per year. Matter taken off agenda at Chis time. 77-963 APPROVE RENEWAL OF~ONTRACT WITH CHICO STATE UNIVERSITY'S STUDENT HEALTg SERVICES A renewal contract has been prepared with Chico State University's student health services for the County Mentei Health Services office to provide counseling services. Cost to the University under this contract amounts to $15,825. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, contract for student health services with Chico State University was approved and the Chairman authorized to sign. 77-964 APPROVE PUBLIC WORKS ITEMS Oa motion o£ Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the following action was taken: 1. Aeteept Neal Road between Cautolenc and Paradise Dam, subject to provisions that Paradise Irrigation District has agreed to a maintenance period on the Road for one year beginning May 1, 1977, continuous maintenance of 718 ft. of guard railing, continuous maintenance of fill if settling occurs, and delivery of deed or easement to the County. 2. Accepted the work of Thomas O, Stewart, contractor, for Che construction of three-span, reinforced concrete flat-slab type highway bridge supported on driven piles, in Butte County on Lower Honcut Road across Wyman Ravine, approximately 0.7 mile east of State Highway 70, authorized Chairman to sign the Notice of Completion sad instructed the Clerk to record said Notice o€ Completion. 3. Approved Contract Change Order No. 2, Oroville-Quincy Highway, in the Sncreeaing amount of $42,000 whfch provides for excavating trenches, furnfshing sad installing perforated metal pips underdrain system and placing pezvioua material to alleviate numerous springs encountered on the project and authorized the Chairman to sign. 4. Approved agreement for sale, authorized Chairman to sign, sad authorized Auditor to issue warrant upon demand of County's escrow agent, on the following: Midway at Hagan Lane, SPRR signals Chevron USA, Inc. (easement) $230 5. Auehorized purchase of truck with funds coming from road reserve for CETA project program. J Page 190. May 17, 1977 t'"~~ r`, r a a~ r m m a r a r m a< ~~ ;7~ ;977¢ r¢ a a r¢ a a s s a s r: 77-965 INFORMATION AND DISCUSSION ITEMS a. Solid waste costs. Mr. Castleberry informed the Board that the garbage operation will overrun the budget, Reasons for over run explained. b. Mr. Castleberry reported that he tad Supervisor Madigan were busy last week; they have located nine additional parking places at the Chico building. c. Mr. Castleberry reported on the River Road problem. 77-966 AIITHORiZE CLOSING OF DAYTON ROAD CROSSING CHICO FOR EXTENSIVE REPAIR WORK On motion of Supervisor Madigan, seconded by Supervisor Winston and unanimously carried, closing of Day#on Road crossing in Chico was authorized for a period of one week for the extensive repair work on the crossing. 77.967 DISCUSSION: CROUCH DITCH Supervisor Madigan questioned Mr. Castleberry about the Crouch Ditch abandonment. Mr. Castleberry stated that last year the controlling owner of the ditch wanted to turn it over to the County and the County turned it down. The ditch runs into Edgar Slough and provides drainage for the fair and that area. Mr. Castleberry will send a packet to the Board members about this matter. 77-968 APPROVE LETTER OF AGREEMENT• JUVENILE DELINQUENCY PIAN _ A letter of agreement-has been prepared with the Region C, CCCJ to develop a juvenile delinquency plan and coat tracking for the implementation of Assembly Bill 3121. Chairman Richter questioned Howard Cssagrande about this plan. Mr. Cesagreade stated that this is the grant that the Board had approved in February; he is presenting it now in writing. Plan discussed. On motion ofSupervisor Winston, seconded by Supervisor Madigan. ~~aad ;-- carried, letter of agreement for Juvenile delinquency plea was approved and the Chairman authorized to sign. AYES: Supervisors Lemke, Madigan, Wiaston and Chairman Richter NOES: Supervisor Moseley 77-969 AUTHORIZE FEASIBILITY ANALYSIS: DATA COMPUTER EQUIPMENT The Data Processing Department has experienced numerous electrical power failures within the Last year. As an alternative Co iacreeaing power supplies to the computer center, Mr. Hindery is requesting authoritq to conduct an equipment feasibility analysis to reduce the power requirements by "swapping out" the present equipment with newer available equipment which utilizes much leas power. Cost savings are anticipated. Hank Hindery, Data Processing Director, explained this request. Request discussed. Oa motion of Supervisor Wiaston, seconded by Supervisor Madigan and unanimously carried, feasibility analysis for computer equipment was authorized. 77-970 ADOPT RESOLUTION 77-84 AUTHORIZING CHAIRMAN TO SIGN CONTRACT: ALCOHOLISM REHABILITATION SERVICES A contract has been prepared for neat fiscal year with the State Department of Rehabilitation to provide rehabilitation services to individuals handicapped by alcoholism. Total cost of this program is $47,594. Butte County Short-Doyle allocation will provide $9,500, of which lOZ, or $952 w111 be the net coat to the County. Dr. Svihus reported on this service. Chairman Richter will go and look at the facility. page 191. Map 17, 1977 ~ ~. May 17, 1977 a v v a m r m v a r a m a m m v a a a a m a a a a a m a m a a a m a v On motion of Supervisor Winston, seconded by Supervisor Lemke and -carried, Resolution 77-84 auth'oriziag the Chairman to sign the Alcoholism Rehabilltatioa Services contract was adopted end the Chairman auChorized to sign. AYES: Supervisors Lemke, Madigan, Wiaetoe and Chairman Richter NOES: Supervisor Moaeleq EL'CESS; The Board recessed at 10:20 for morning recess snd then to hold an executive session on meet and confer matters. RECON9ENED: The Hoard reconvened at 10:40 £oliowing the Horning break and executive session concerning meet and confer. The negotiator vas instructed as to rape position of the County at this time. 77- PUBLIC HEARING: NOTI OF SATTI 0 PURCHA58 CHICO RARY PROPERTY The public hearing on•the notice of iatention'to purchase Chico Library property was held as advertised. Gerald Lively, Administrative Analyst, stated that a zoning change is required. For 30,000 square feet of space 150 parking spaces are seeded. There is sot sufficient apace for parking spaces. There will be a need of 2,500 more square feet of property. Mike Cohen has keen in contact with the County coacerniag this matter. There are two possible proposals, one to purchase a third parcel, and the other to deepen the existing parcel by 2,500 square feet. Mr. Cohen will have Co talk to the owners concerning this. The price to purchase the additional square ffootage would be $2.25 per square foot. The whole property is at a cosC of $2.10 per square foot sad the average will be $2.17 per square foot. Nj-aigmany$ibh6earstaped that if the building were reduced in square footage then the parking spaces needed would be less and there would be no need to acquire additional property... ,~_. Mrs. Terry, Librarian, explained _~pEteoadedbee4etl~~ of the areas in the county. There is a great need in Chico for a new site as there is inadequate parking. The library is unable to carry on the total operation at this time. Maxine McCullough, LibraryyCommittee, stated that the library would need a minimum of three acres. Ms. McCullough stated that the Vallombxosa site would be the most desirable area. There i6 commuter service to that area. Supervisor Madigan stated that there is another site on East First Avenue that might be a better location. There is 3.55 acres es compared with the 2 1/2 acres at Vallombroea. The entrance would have to be on Sherman. The Masonic Lodge is willing to sell part of their land for parking. The matter is continued to May 24, 1977 aC 11:OD a.m. with a report back from Supervisor Madigan, Chairman Richter and The Administrative Office. 77- 972 PUBLIC HEARINGS EARL BROOKES AND CFIARLE5 MONTGOMERY - APPEAL BOARD OF ZONING ADJUSTMENT'3 DECISION REQUIRING INSTALLATION OF CIIRBS, GUTTERS, AND SIDSgALKS, AND WIDENING OF ROAD TO FOUR LANES FOR A USE PERMIT ON CLARK D SOUTH OF BUSCHMANN ROAD- PARADISE. The public heating on•the 8ar1 $rookea and OE-arlas Montgomery appeal Board of Zoning Ad~uatment~a decision requiring laatallation of .. ~~ curbs, gutters, and aideivalka End tvidanisq~ of_ road to fwr lease for a May 17, 1477 ~ ~, s a m s s s a s s s s s s s Ma~7 17~ 1977a r r m m m m s s s m R. s m use permit on Clark Road, south of Buschmann Road, Paradise vas held as advertised. Supervisor Winston stated that this is the same problem that continues to come ug before the Board time after time, relating to the possibility of postponing off-site improvements until such time es its deemed necessary•by the Public Works Director. Supervisor Winston, Chair~aan Richter and Clay Castleberry to meet on Thursday at 12:OD p.m. to discuss this matter. Hearing held on the Negative Declaration at this time. Hearing on the'Negative Declaration open.to the public. Appearing: Marjorie Cox, 5385 Clark Road, Parao3dse. Ms. Cox stated that she was opposed to the project. Hearing oa the Negative Declaration closed to the public and confined to the Board. Oa motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, the Board has reviewed the enclosed information mhfch indicated that na substantial sdverre eaviroumental affects xiil occur from project approval and in consideration oxf~tha recommenda'Cion ,,that a conditional Negative Declaration be sdogted. , Hearing on the project held at this time. Mr. Castleberry, Public Works Director, net out the background of the project Brea. Thin is on Clark Rvad where Che•,bowling alley had been. The Board of Zoning Adjustment placed the requirements due to the fact that this is a commercial venture. Hearing open to the public. Appearing: 1. Glen Maxwell, representing Mr. Hutchinson the owner of the property. Mr. Maxwell stated that it is not economical to widen the road with a frontage of 300 feet. Mr. Maxwell stated that an assessment district should be formed on Clark Road to cover the improvements. Discussion of an improvement policy whereby the improvements can•be put in when the Public Works Director decides that it is necessary had at this time. 2. Earl Brookes. Mr. Brookes stated that the property is out of Che present urban district of Paradise. There are no curbs, gutters and sidewalks on Clerk Road. Mr. Brookes is willing to put in curbs, gutters and sidewalks when the time comes Chat it is necessary to do eo. Mr. Castleberry stated that the property is below Buschmana Road. There are no sidewalks in that area. The improvements could be postponed but that the road should be widened to allow for ingress and egress from the property. The hearing ie continued to May 31, 1977 at 11:15 a.m. 3. John Reinke. Mr. lieinke stated that he lived is the area. Mr. Reinke set out the drainage problems in the area sad how _ ._, ,. the drainage ie being handled at tha~reaent time. • ,..~.. ~. ... gage 193: - ~ ...May 17, 1977 ~: ~ Hay 17, 1977 s s s s s a a s z s s s s s s s s s s s s s s: s m s s s s s a a a s 77-973 APPROVE ADMINIST8ATI9S QFFICB f'BOPOSAL TO CHARGE DISTRICTS FOR COSTS OF UTILIZING COUNTY COUl488L'B O1~IC8. Supervisor Winston stated that`this is doing nothing more than shifting the burden of paying for the attorney to another district. This would not change the taxes. Supervisor Lemke stated thtfi irvu3.d~2$dtsdepvease the staffing at County Counsel's office. This would only require that each district pay for an individual attorney when it was necessary, or use County Counsel's office. The districts will have to come up with fees for legal services no matter which way they ga. Dan Biackstock, County Counsel, stated that there are situations whereby County Counsel is required to handle certain legal functions far districts. There can be no charge for this as it is a duty. Oa motion of Supervisor Winston seconded by Supervisor Lemke that the recommendation to charge districts £or costs of utilizing County Counsel's office be denied, A7!ES: Supervisor Lemke and Winston. NOES: Supervisors Madigan, Moseley and Chaixmaa Richter. Motion falls. On motion of Supervisor Madigan, seconded by Supervisor Moseley Jlabeleg~iand,sly carried, the recommendation to charge districts for costs of utilizing County Counsel's office be supported and ask the Administrative Office to implement the recommendation. AYES: Supervisors Madigan, Moseley and Chairman Richter. NOES: Supervisors Lemke and Winston. 77-974 APgF•ARANCE: GARY RENYON. HUTTE PROPERTY OWNERS ASSOCIATION. 1.,..._.. Mr. Kenyon stated that he would like to introduce Mr. Putkey to the Hoard. 77- 9757~ppEARANCE: HERB PUTKEY Mr. Putkey stated that he represented Community Unit to Reclaim Sover~gg~hty(CtTRES). Mr.~Putkey would like to present a proposal to the Board concerning insurance. The insurance should be for reparation for injuries and nothing else. Mr. Putkey would like to be placed on the agenda to discuss this matter. Chairman Riehter'appoiated bupervisors Zemke and Winstva to meet with Mr. Putkey sad report back to the Hoard. 77~D76 .APPEARANCE: LE TY Mrs. Pye stated [hat she had a petition with 110 signatures on it to continue the Sterling City Dump until the citizens of Sterling City have a chance to solve the pro}~fiem. 25rs. Pye is representing the Sterling City Volunteer Fire Department. The California Division of Forestry is Susanfrille $ue•to the draught coatrols~ell litter. The citizens can with the approval of the California Divisoa of Forestry install a pit to dispose of wood combuatibiea. Tilers will be a .. ...........__,-„_.. control burn by the Division of 8otestty. Page 194. May 17, 1977 ~^~ rr : s o s s: a s s R w s~sys l~,s197s c c s s s s c s c s: s s s s s The Board delayed vote~•#ot~twa•moatha~for time-to arrange these matters. The same request will be made of Paradise Pines. 77-977 APPEARANCE: MRS, DIANE LORENZ. PATHWAY FOR PARADISE Airs. Diane Lorenz, representing~tb¢~Pathway for Paxadiae Committee, presented a proposal for pedestrian walkways. Paradise Jr. Women~s Club is spoasaring this proposal. The four major areas for the walkways set out. Drawings of the proposed walkways set up sad discussed. Need for the pathways stressed, This is a community project sad letters of support from~law enforcement agencies and the schools were read. The Committee requested $75,000 of Revenue Shariag funds for the buildfng of these walkways in Paradise. Thep requeaC that the County Public Works Department mark the pathways. Mr. Castleberry stated that there is a need in Paradise for these walkways and 1te commended the ladies for the goals they are trying to achieve. He would be delighted to help khem. Supervisor Winston asked if they would be willing to do this project in phases. Jean Counch, Chairman of the Committee,stated that this was a two year project and they would be willing to do the work in phases. Chairman Richter told this group that their request would be considered at the time the use of Revenue Shariag funds is considered. 77-978 APPEARANCE: RAY WAELHROCK,PARADISE RIDGE RUNNERS DANCE GROUP RE RENTAL OF PARADISE MEMORIAL HALL Ray Waelbrock, representing Paradise Ridge Ruanera Dance Group, spoke concerning the increase in Memorial Hall rental. This group had installed the acoustical ceiling in the HaII and in doing so, they improved the Hall. At the time they installed the ceiling, they did not see the need to bargain. The rent for the hall is high now and they do need to bargain for the rental. Mr. Waelbrock asked if it would be possible to increase the renC $5.00 for each time they use it for the next two years. Proposal set out and discussed. Supervisor Winston requested that Supervisor Lemke help this group to meet with the~'ommittee sad reach an understanding concerning the rectal of the Hall. Matter referred to the Committee. 77-979 APPEARANCE; MR. LEONARD RATHBUN~_3UPT. OF THBRAiALITO SCHOOLS Mr. Leonard Rathbun, Supt. of Thermalito Schools requested clarification for charges for the use of County Counsel's time. He read a short statement requesting that the Hoard reject the suggestion to charge school districts for use of County Counsel's time. He hoped that the Board would consider that additional Hosts to the school districts will be hard to bear. 77-980 APPEARANGE• MRS FRANKLIN TLER AfAGALLA Mrs. Franklin Butler, Magalia, spoke eonceraing conservaltion of paper. sad postage. She receives her mail from the Afagalia postoffice. ,, ._ ~w 5he-receives her copy of the agead~oa Monday or Tiuesday; two~aaeks ago she Page 195. May 17, 1977 ~ ~, Map 17, 1977 a i a a S a a a 6! i! 1 a a a a a i! a i a a a m C t a i a W p! a a received notice from the postoffice on Thursday that she had a letter which turned out to be the agenda for the Tuesday meetiag. Her proposal was that the agenda be printed on both sides, like the minutes and the Planning Co®ission's agenda so the postage would be leas and bhe agenda would not be held for additional postage. Administrative Officer will look at this suggestion and report back. 77-981 APP CE: JAMES HANSON OROVILLE James Hanson, Oroville, spoke concerning the charging of schools and districts for County Counsel's services, stating he felt it was silly. He did not think Chey needed more money. Mr. Hansoa stated that the State Legislature was requesting in-put on timber zoning. He requested that the Bcard submit to the Legislature that anyone not growiag timber professionaliq, should not be forced to participate in the zoning. 77-982 APPEARANCE: MR. GENE HARRIS CHAIRMAN OF 5CHOOL $OARA Mr. Gene Harris Chairman of the School Board, requested that the Board give further conai~eration to the recommendation to charge the districts and schools for County Counsel's services. It was his feeling that these charges would create more costs for legal defense. Supervisor Moseley will meet .,..~,a~th this school board to^dlscuse these Charges. _ _ 77-9$3 APPEARANCE: LOU CARLIN PALERMO SCHOOL DISTRICT Lou Carlin, representing the Palermo School DistricC, spoke in opposition to the change of charging the districts for County Counsels' services. He stated his opposition to this change. 77-983 APPEARANCE: MRS, LOI7ISE HARDING RE MAC ARADTSE OTHER APPEARANCES ALSO Mrs. Leaaise Harding, wife of ,Tim Harding Contractor, Paradise, stated they owa 11 acres that connect with Elliott Road, Paradise and are building apartments on the property. It was her feeling that there is a lack of communications in the Paradise MAC. She does not thing that they are functioning properly. It was her feeling that this development should sot be lumped with any other development in the area. They have 20 units under construction and feels that Paradise needs these units. Chairman Richter commented on the functions of MAC. He stated that their hearings are held without proper antics. Their reports are not truly representative. Administrative Officer and County Counsel to meet with MAC and try to work this aut. Floyd Powell, Paradise, complained about how MAC was operating. They have tied him in with Stoneaon Development. The MAC committee weals to halt all progress in that area. Mr. Powell felt that they seed legal counseling ar that they should be disbanded. Mr. Tim Harding, Honeyview Lane, stated he did not think that the MAC Committee was operating properly. He requested that the Soard disband the group; they ere trying to run Paradise. Marjorie Cox, Paradise, agreed with the others that MAC should be disbanded. Time spent discussing the possible disbanding of MAC and how it - Page 196. May 17, 1977 n. ~. v ar ,c se a m m~ ~ v a s e iaf. 17i s93.7o te e: s a m x v m m e: a a a could be handled. There is as election this November and a referaadum could be placed oa the ballot. 77-984 APPEARANCE: MRS, BEVERLY HAYMART Mrs. Beverlq Haymart said she was present concerning the Holcomb matter an Clark Road. An injunction has been filed in this matter and Dan Biackstoak, County Counsel, said this would enjoia them from doing certain things. 77-985 APPEARANCE: MRS. DOROTHY PARADIS Mrs. Paradis spoke concerning the charging of districte for services of County Counsel. She requested that a public hearing be held in the matter to get public in-put. 77.986 APPEARANCE: MR. CEiARLES DANE SAFEWAY DEVELOPER RE MAC Mr. Dane agreed with the people about MAC. He owns propertq on Elliott and on Clark Roads. He was never contacted or approached by MAC. They widened Clark Road and reassessed the property for the streets and tripled the taxes. Stated that the•Board does not need MAC's help in these matters. 77-987 APPEARANCE: MR. DAN HAYES 755 Eastwood Chico: PROPERTY NEAR AIRPORT Mr. Hayes stated he repreaeats people out~by the Chico airport. These people have been temporarily placed in a A=40 interim zone; these people were never told that their property was being put in a A-40 zone. Supervisor Winston stated that this matter was being heard today. Mr. Hayes would like to request that Chia item be delayed for one week; he was told that this matter would be handled today and that it would be of benefit to him. Mr. Hayes had a map showing the property imrolved; it is south of the Chico airport. He set out his justification for having the property deleted from the zoning. There will be 46 homes placed on this property and it will take the burden of future development off the shoulders of the Planning Department. This property could never be divided again. Mr. Hayes stated he would like to come back to the Board meeting next Tuesday and get the Board's feeling on the matter. No action taken at this time. 77-988 APPEARANCE; MR. JERRY HUGHES REPRESENTING THE CHICO RECREATION & PARK DISTRICT RE CHARGES FOR COUNTY COUNSEL'S SERVICES: BOARD RESCINDS THEIR EARLIER ACTION Mr Jerry Hughes, representing the Chico Recreation & Park District, spoke concerning the charges to the special districte for County Counsel's services He felt that the districte lacked information and information should be presented to the districts prior to the Board taking action. Statements and charges for county counsel's services discussed. On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, the Board rescinded their earlier action, Board action No. 77-973, aad held in abeyance action relatiag to charges to the districte for county counsel's services until a hearing, set now for June 7, 1977 at I0:00 e.m., to allow the special districts to partic~.pate in diacuseion of this matter. Page 197. May 17, 1977 ~ ~"` ! i i i i i i i P F ii i i i i~il7,il:7i i i i i i S L ~J i i i@ i@_ 77-989 ~Opx 08DTNANCB 16251 PUBLIC HEABItiG: LiARREN T. AMSROSE - RBZONE FROM A-R (AGRICULTURAL-@SSIDENTIAL) AND /1R-lit CAGRICULTU'$AL 88SIDENTIAL- MOBILE HOME) TO PA-C (PLANNED.AREA-CLUSTER) PROPERTY LOCATED ON THE NORTH SIDE ,OF MOt3TE VISTA AVE., APPROX. 800.FT. EAST OF .LOWER WYANAOTT$. ROAD, IDENTIFIED AS AP 36-194-07. AP 36-58-34 AND AP 36-58-35, OROVtLLE, The public hearing on the Warren T. Ambrose rezone from A-R (agriculture'1-xesidentiel) and AR-MH (agricultural residential- mobile home) to PA-C (planned area-cluster) property located oa the north side of Monte Vista Avenue, approximately 800 feet east of LaverWysndotte Road, identified as AP 36-194-07, AP 36-58-34 and AY 36-58;35, Oroville was held as advertised. Headng open to the public. Appearing: Warren Ambrose. Mr. Ambrose stated that he would like to have the condition of the fence changed. Mr. Ambrose would like to put masonry posta,.with redwood between. Hearing closed to the public and confined to the Board. Oa motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, Caking into account the Negative Declaration having been made, the zoaa change from A-R and AR-MH to PA-C was approved with the stipulation that condition ~6 be modified to provide for masonry pilasters at the property lines only and all other conditions to remain the same with the findings that this is in compliance with the general plan; adopt Ordinance 1825 and authorized Chairman to sign. 77-990 PUBLIC HEARING: HOUSING AND COMMUNITY DEVELOPMENT 1977-78 FINAL APPLICATION AND HOUSING A5SISTANCE PLAN. Tha public hearing oa the Hausing and Community Development 1977-78 final application and hcueing assistance plan was held at this time. Mr. McCabe, Regional Rehabilitation Loan Officer was present at the hearing. Ward Connerly stated that there is a tremendous need for rehabilitation and is conm,itted to use Revenue Sharing for Public Works project in Chapmantown. Mr. McCabe has come to the County to see the problems. Mr. McCabL- stated that he had been raised in the Feather River Canyon and it was a pleasure to come back to Butte County and be able to•heip. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, the Housing and Community Development 1977-78 final application and housing assistance plan was approved. 77-991 REVIEW WORR PROGRAM AND BIDS - CHICO ALRPORT LAND USE PLAN. AWARD CONTRACT TO R. DIXON SPEAS FOR CONDUCTING NOISE STUDY. Bob Gainer, Planning, stated that there bed been two bid a, one from Clair Hill and the other from R. Dixon Speas. The bide have been reviewed. The staff could do some of the work and cut the activities and the pro,]ect cost by 2/5. The only problem ie that both consultants estimated EIR was for,~,000. Zt wen felt that : land nee pl.n tot the Chico Airport would be done by staff Nnd that A noise study needs to be dose. Mgy 17, 2977 /~,• /"'~ s s a v m e s a a a s r a eMs'yr l~e~sltc7~s e s e a a=: r v r a r r r a On•motion of Supervisor Vinaton, seconded by Supervisor Lemke and unanimously carried, a contract wae~given to R. Dixon Speas !or conducting the Chico Airport noise study not to exceed $3600; request staff to inform the City of Chico that the Board expects diem to pay SO percent. ' 77- 992 .wAIVB.~IRST.~ADING: 6URFACE xtNiNG ORDIlQANCE ADOPT itESOLUTIbN 77-BS ESTABLISHING STANDARDS FOR SURFACE I~IIIQIIJG AGGREGATE OPERATIONS . Dan Blackstock, County Couna¢3, stated that he had met with the members of the aggregate companies, and Supervisor Lemke. $ve=yone was in agreement with the proposal. There are clerical errors that have to be corrected. Supervisor Lemke stated that Chapter 13 ea it now stands does not meet the State standards. 0n motion of Supervisor Winston, seconded by Supervisor Lemke and carried, the first reading of the surface mining ordinance was waived; Resolution 77-85 was adopted establishing standards for surface mining (Aggregate operations only) and the Chairman authorized to sign. AYES: Supervisors Lemke Madigan, Winston and Chairman Richter. NOES: Supervisor Moseley. 7793 ffi'STEESI ODN7lINU6D:~TD ~RFAhTL1H.9'fIQ~tAL M"JNTCI The following matters were continued to tomorrow's meeting, May 18, 1977. 1. Discussion of joining the National Municipal Law Officers concerning federal unemployment law. 2. Appointment to the Citizens Advisory Committee on Drug Abuse/Alcohol Advisory Board. 77-994 APPOINTMENT OF BOARD MEMBERS TO GRAND JURY AUDIT COI~iITTEE Supervisors Lemke and Moseley were appointed to the brand Jury Audit Committee. 7795 MATTERS PRESENTED BY BOARD MEMBERS Supervisor Winston stated that Mrs. Lorenzo would like the specifics for putting is the walkways oa road rights-of-way, Mr. Castleberry should be given permission to give,i her assistance within limits. Supervisor Madigan asked Chat he be given permission to follow the Iaw suit concerning the water situation. The President is•coming to Fresno to look at a ranch sad the Board should extend an~invltation to the President to come to .......... .. .. .. . .. . . .Chico and see the droustht ~~F,?Bi~RA in the County. ____,,.,.~,r_....._ _~ - - ; Letter to be written to Congressman Johasoa Conceiving Che harassment the Housing huthority is getting from Legal Aid a 77A96 DISCUSSION: GENERAL PLRN OPDATE Jim Lawson, Planning Director, stated that the best place to start the update on the land use map would be the Chico area. Theze is a new map that has been prepared by the staff, If there were hearings and meeting in this area then the other areas could be next. Same of the work would have to be an ongoing thdng. The matter is to presented to the Planning Commission. ~~- ~- Page 199. ~ ~~ Ma9 17,~ 1977 /'~• ~'"~ May 17, 1977 w w w m ss a w e w w s s w s s s w s s s w s s s a s a s ie e s s w s s 77. 997 REPORT: STONSSQN DEi16LOPMt{!Ff CORPORATION REZONE Jim Levoscn, Planning Director, stated that the Planntng4ommission had recommended ea an alternative the PA-C zoning far the Stonesoa Develop- ment Corporation rezone. RECESS: 1:40 pm to reconvene on Wednesday, May 18, 1977 at 8:30 a.m. Hay ie, 1977 •-~ _..._ RECONVENED: The Board reconvened at 8:30 e.m. Present: Supervisors Lemke, Moeeley, Winston and Chairman Richter. Cliff Mickalson, Administrative Officer, Dan 8lackstock, County Counsel, and Clark A. Nelson, County Clerk, by Cat}~y Pitta, deputy Clerk. 77- 99$ DISCUSSION: MOUNTAIN REPOSE TRANSFER STATIONS, NEAL ROAD LANDFILL OPERATIONS AND ORD RANCH AND OROVILLE TRANSFER STATIONS:: APPROVE CLOSTNG OF MOUNTATN REFUSE TRANSFER STATIONS AND OROVILLE TRANSFER STATION CON- TRACT CANCELLATION. The dissuasion of the mountain transfer stations, Neal Road landfill operations and Ord Ranch and Oroville Transfer stations held at this time. Rearing open to the public. Appearing: 1. Orrin 8. Stratton, Chico.' Mr. Stratton stated that he had spent time oa the solid waste committee. The objective is to get the cost off the tic rolls and get oa a veer pay basis. Mr. Stratton stated that he has reaerv+tiona about franchising. Mr. 8trsttoa stated that he hoped the Board would follow along is the taco®endations to impTimenC the user paid principle. ,., ,- . 2. Gene Penny. Mr. Penny stated that the coat of having garbage collected ie twice that of Red Bluff. Mr. Penny stated that Tehama County has a budget of 126,OOb for garbage. $52,000 is paid to the operator out of user fees and the rest is out of the General fund. Mr. Castleberry stated that the cost per capita was almost the dame in both counties. 8. xverett Johnson. Mr. Hohnson presented the Board with a revleed copq of'the Solid Waet Ordinance. There are things that are underlined thBC were not is the original ordinance. These era the items that the collectors would like to see added. The ordinance has not been nee by counsel. Clay Castleberry, Public Works Director, stated that State law requires that the county have a collectors ordinance. The committee recommended that there~be an ordinance. A draft was made and copies sent to County Counsel and Sanitarian. The Sanitarian is to regulate the ordinance. The major change in the ordinance is that there will have to be a need shown before a license could be issued. Discussion of Couaty Counsel°s opinion had hat this time. Page 200. May 18, 1977