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HomeMy WebLinkAboutM052780May 27, 1980 STATE OF CALIFORNIA ) ) SS. COUNTY OF BUTTE ) 80- The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. resent: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke. lif Nickelson, administrative officer; Dan Blackstock, county counsel; and lark A, Nelson, county clerk-recorder, by Nancy Wilson, deputy clerk. ledge of Allegiance to the Flag of the United States of America nvocation by Supervisor Moseley 834 PPROVAL OF MINUTES On motion of Supervisor Wheeler, seconded by Supervisor Dolan, nd unanimously carried, the minutes of May 20, 1980 were approved as ailed. 835 PPROVE RENEWAL OF STUDENT INTERN PROGRAM WITH LOMA LINDA UNIVERSITY On motion of Supervisor Dolan, seconded by Supervisor Moseley and unanimously carried, renewal of the student intern agreement with Loma Linda University for possible future placements of medical students in the county's Health Department with no cost to the county was approved and the Personnel Airector authorized to sign. 836 CCEPT RECOMMENDATION OF CETAC TO MODIFY CETA VOCATIONAL EDUCATION NON- INANCIAL AGREEMENT On mofion of Supervisor Wheeler, seconded by Supervisor Dolan nd unanimously carried, recommendation of CETAC to modify CETA vocational ducation non-financial grant to incorporate $35,287 ixr carryover funds to be incorporated into existing grant and treated as planned carryout or fiscal year 1981 program with revised amount of grant $140,970 agree- ent was accepted and the Personnel Director authorized to sign. 837 ONCUR WITH BUTTE COUNTY FAIR BOARD OF DIRECTORS IN AUTHORIZING THE AIR SECRETARY/MANAGER TO NEGOTIATE LOW BID AND ACCEPT On motion of Supervisor Moseley, seconded by Supervisor Dolan nd unanimously carried, concur with the Butte County Fair Board of irectors in authorizing the Butte County Fair Secretary/Manager to egotiate the low bid to no more than $38,100 and accept low bid provided egotiations are successful on third phase of electrical project at the airgrounds; subject to County Counsel approval. 838 APPROVE CHICOM[1.NICIPAL COURT REMODEL'-CONTRACT_ CHANGE ORDER ~~1 On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, Chico Municipal Court remode~lrnntract change. order ~k1 ~ provide finish work for the offices of the second court for $5,120 was approved and ten calendar day extension with funds to come from project contingencies was approved and the Chairman authorized to sign. 839 DISCUSSION: RFVF.NiTF. fiNARTN('_ LiPPAnvnTdmTnnr Tv nnnr • e, r.,,,..n,,,,,,., There was discussion regarding Revenue Sharing appropriation f DeSabla Volunteers request for $40,000 at this time. Clif Nickelson, administrative officer, stated the memo was if explanatory. The truck cauld be purchased for $33,390 leaving a lance of $6,610. Chairman Lemke stated without at least one radio it is not fully peed. The .Boaxsl agreed to +put7~c~tase_~one tank truck,electronc•sirenfPA ystem with two speakers and a_radib. Page 437. May 27, 1980 80- 840 51 $G1 842 May 27, 1980 APPROVE BUDGET TRANSFERS On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, the Following budget transfers were approved: B-187 - Fire Protection/Volunteers. Established an appropriation in revenue sharing for the purchase of the De 5abla Volunteers fire tank ,ruck, radio~and"'electron'ic- siren/PA .system;, $!#0,000. B-188 - Assessor. Provides additional funds required to purchase one IBM electric typewriter instead of the Olympia electric typewriter proposed in the budget. Transfers $500 from office expense to fixed assets - equipment. B-190 - Juvenile Hall. Transfers appropriation from Probation - fixed assets to Juvenile Hall for installation and two months service charge for a smoke detection system required by the Fire Marshal. Transfers $1,741 from Probation - fixed assets to Juvenile Hall - rents and leases of equipment, $116 and special department expense, $1,675. B-194 - Fire Protection. Transfers $1,350 frou~ maintenance to structures and improvements to establish and appropriation to cover the costs of construction of a wheel chair ramp and fence at the North Chico Eire Station. ,APPROVE HOUSING AND COMMUNITY DEVEL..O_P..MEN.T._GTtANT OF $375 TO MR. TOBIAS There was ,`motion by-Supervisor Winston, seconded by Supervisor Moseley, the Housing and Community Development Grant of $375, from Housing and Community Development Program income, to Albert Tobias for assistance in repairing a leak in his sewer lateral.be approved. property. Supervisor-Dolan questioned if a lien could be placed on the C1if Mickelson, administrative officer, stated they could put something together like that. Upon sale of the property it would be paid. Amendment to motion: A lien is to be placed upon the property, subject to administrative cost not being greater than $375. Vote on motion: AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke NOES: None Motion carried. APPROVE AGREEMENT FOR DISPOSITION OF BURBANK SCHOOL SITE Dan Blackstock, county counsel, stated normally once they accept a bid that is the end of it. There is need for an additional agreement which will discuss the actual construction of the house and curbs and gutters. They are not sure if there is 100% funding for the curbs and gutters. There could be a problem if there was no funding. -The federal funded agency will not give a mortgage on the lots if there are no curbs and gutters. There was a motion by Supervisor Winston, seconded by Supervisor Wheeler, agreement for disposition of the Burbank School site in south Droville.be approved and the Chairman be authorized to sign. Page. 438. May 27, 1980 80- d. May 27, 1980 T ~ Supervisor Dolan question if the agreement indicated it was for low income people. Mr. Blackstock set out the background on the guarantee. It would not pay for that type of development on the open market and there is a provision in the agreement on page 9 as to the extension of time. Mr. Connerly felt this agreement was necessary due to 'the 235 program and asked that it be revised. Vote on motion: AXES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke NOES: None Motion carried. 843 APPROVE MENTAL HEALTH SERVICES BUDGET REVISIONS 1979-80 On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, Mental Health Services budget revisions 1979 80 due to unused state allocations was approved. YES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke BSTAINING: Supervisor Winston RECESS: 9:30 a.m. RECONVENE: x:42 a.m. 844 ADOPT RESOLUTION 80-112 - NOTICE OF INTENTION TO SELL TAX DEEDEA PROPERTY On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, Resolution 80-112 giving notice of intention to sell tax deeded property was adopted and the Chairman authorized to sign, 845 APPROVE REFUND OF DRAINAGE DEPOSIT - CHARLES 0. STOREY AP 44-41-26 On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the refund of drainage deposit on AP 44-41-26, Charles 0, Storey, in the amount of $2,260 was approved, 846 847 On motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, plans and specifications for Foothill Boulevard Project No. 21574-78-1 were approved; the Chairman and Director of Public Works authorized to sign plans; a wage scale was. adopted; and set the bid opening for 11:00 a.m. 3une 19, 1980 in the Public Works Department Office. Clay Castleberry, public works director, noted the Cohasset Road and Rio Lindo Project would start tomorrow. On motion of Supervisor Moseley, seconded by Supervisor Wheeler unanimously carried, the following were approved: 1. Resolution SO-113 setting a public hearing of July 1, 1980 at 10:00 a.m. for Herbert A. Slaught abandonment of five foot public utilities easement and recreational easement, Lot 8, Paradise Pines-Unit 8 was adopted and the Chairman authorized to sign. 2, Resolution 80-114 setting a public hearing of July 1, 1980 at 10:00 a.m. for Haxold Welborn abandonment of public utilities easement, Paradise Pines, Unit 4, Lot 195, excepting therefrom the easterly 25 feet was adopted and the Chairman authorized to sign. Page 439, May 27, 1980 Mai 27z 1980 80- 848 849 CONCUR WITH TOWN OE PARADISE REQUEST TO CEASE ACCEPTING LAND USE AND SUBDIVISION APPLICATIONS AFTER MAY 30,_1.480 The Board concurs with Town of Paradise request to cease accepting land use and subdivision applications after May 30, 1980. ADDITIONAL ITEM BY BOARD MEMBERz, Chairman Lemke questioned the possibility of selling to the Town of Paradise the building which currently houses the county offices and with the proceeds purchase another site more convenient for the county.' The Administrative Office would look into the matter. 849 APPROVE A FEASTBTLTTY STUDY OF ABOLISHTNG ADVISORY AGENCY AND SUBDTVTSTON REVIEW AGENCY WTTH AUTIES DELEGATED TO THE PLANNING COMMISSION Supervisor Winston indicated many times he has stated that people through their dlected officiatewere giving their government away to people in appointed positions. Supervisor Winston stated because the Advisory Agency was made up of staff people, and they are good people, are interpreting the policy set by_this Board. The people disagree with the decisions and come to the Board `with appeals. He felt with the drastic reduction of ' work volume due to Paradise incorporation the duties should be handled by the Planning Commission. He felt they knew the people's concerns to a greater extent than staff members. There was a motion by Supervisor Winston, seconded by Supervisor Moseley,that staff be requested to examine and report back to this Board the feasibility of abolishing the Advisory Agency and abolishing the Sub- division Review Agency their comments of returning the responsibilities for these two agencies back where it belongs, back in the hands of the political appointments by the Board of Supervisors. Supervisor Winston noted the numerous appeals coming forth with similar conditions. He felt something was wrong. Chairman Lemke stated the Planning Department should review the propasal and help draft an ordinance amending the subdivision chapter next week. Planning Commissioner Rae Wheeler had no:. comments at this time. Planning Commissioner Frank Bennett stated he enjoyed the meetings being every other week. At present it is a sourse of confusion to him. Many times the Planning Commission is caught in the middle where the Advisory Agency has a project in process and they are not made aware of what is happening. This would rectify it, they would have their finger on everything. He would suggest that they have the expertise of the Advisory Agency at their elbow if they make a decision. Their meetings are evening meetings and they would want representatives from Public Works and Public Health to be present when they made decisions. `Planning Commissioner Nina Lambert had no comments at this-time. Vote on motion: AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke Motion carried. Page 440. May 27, 19so 80- 850 ~: May 27, 1980 APPROVE CONTINUATION OF PARENTAL STRESS PROGRAM BEYOND JUNE 30 I980 -There was a motion by Supervisor Wheeler, seconded by Supervisor Dolan, for continuation of the Parental Stress Program beyond June 30, 1980. Sob Crisan, welfare director, stated presently there is a cost of $5,000 per month for the program or $60,000 from the CCCJ Crant as of July 1 they are not certain of what funding will be available. Supervisor Winston noted that Butte County was not in a position of knowing where they were going to get money. Mr. Mickelson had indicated due to inflation and salary negotiating they would be $6 million in the hole. He felt the Parental Stress and Child Sexual Abuse Programs were the represent- ative= of the evils of grant application programs. These grants have on the bottom line when funding is ended local funding shall take over. C1if Mickelson, administrative officer, noted in the Child Sexual program there is no local funding. Supervisor Wheeler questioned if this could be continued on a to month basis until a final budget is adopted. Mr> Crisan set out the background on the program. Prior to having this program three years ago, they were paying through vendor payments to doctors and it was much h3g,her. There is a "service redesign" bill already introduced and if it should pass the allocation would be according to population or case load rather than a prior need determination. Motion amended to read: On a month to month basis. Vote on motion: AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke NOES: Supervisor Winston Motion carried. 851 ~4PPROVL CCCJ GRANT APPLICATION_AND CONTRACT FOR CHILD SEXUAL ABUSE PROGRAM Bob Crisan, welfare director, stated the family services has hanged as they were sharing the same building. There will be a revised udget with removal of the Crisis program from the service. This is. the nd of the second year for the CCCJ grant. There is one more year-to go. On motion. of Supervisor-Dolan, seconded by Supervisor Wheeler nd carried, CCCJ grant application and .contract for the Child Sexual Abuse rogram was approved and the Chairman-authorized to sign. •.. YES: Supervisor"s Dolan; .Moseley, Wheeler,and Chairman Lemke NOES: upervisor Winston 852 DISSOLUTION OF BUTTE COUNTY ALCOHOLISM ADVISORY BOARD/CITIZENS ADVISORY COMMITTEE ON DRUG ABUSE AND APPROVE ESTABLISHMENT OF ALCOHOL ADVISORY BOARD ND CITIZENS ADVISORY COMMITTEE ON DA[JG ABUSE The consideration of the proposal for dissolution of the Butte County Alcoholism Advisory Board/Citizens Advisory Committee on Drug Abuse and establishment of Alcohol Advisory Board and Citizens Advisory Committee on Drug Abuse was held at this time. Chairman Lemke noted each individual board member would like to remain but was concerned about posting. Page 441. May 27, 1980 80- d May 27, 1980 Jean Covell, chairman, Drug Abuse.Board. Ms. Covell stated she would not like to see the cnunty without an advisory board until such time as the new committee is established. 853 Clif Mickelson, administrative officer, stated it could be dissolved effective ;in 10 days. On motion of Supervisor Dolan, seconded by Supervisor Moseley and unanimously carried, dissolution of the Butte County Alcoholism Advisory Board/citizens Advisory Committee on Drug Abuse was approved; to be effective 10 days after posting vacancy and establishment of Alcohol Advisory Board and Citizens Advisory Committee on Drug Abuse was approved. RESOLUTION 80-115 PUBLIC HEARING: ABANDONMENT OF PUBLIC UTILITTES The public hearing on Mathews Realtors abandonment of public utilities easement, Lot 103, Unit 8 of Paradise Pines was held as advertised. Bettye Blair, planning director, stated everything was in order. Hearing open to the public. Appearing: 1. Matt Mathews, representing the owner. There were no questions of Mr. Mathews. Hearing closed to the public and confined to the Board. On motion of Supervisor Moseley, seconded by Supervisor Dolan unanimously carried, Resolution 80-115 abandoning public utilities went, Lot 103, Unit 8,.Paradise Pines for Mathews Realtors was adopted the Chairman authorized to sign. 854 DOPT ORDINANCE 2110 CLOSED HEARING: LEON E, MAYER REZONE FROM "A-2" TO "RT-1 " (SINGLE FAMILY RESIDENTIAL - MOBILE HOME),.PROPERTY LOCATED ON THE NORTHWEST CORNER OF MT. IDA ROAD AND WYANDOTTE MINERS RANCH ROAD, AP 72-09-09, The closed hearing on Leon E. Mayer rezone (item which an environ- ta1 impact report was required) from "A-2" (general) to "RT-1" (single lily residential - mobile home), property located on the northwest corner Mt. Ida Road and Wyandotte Miners Ranch Road, Identified as AP 72-09-09, ville was held as continued. Two letters were presented at this time. One from Mr. James W. ooksley, geophysicist, Cooksley Geophysics, Inc. and one from Mr. Stephen . Dean, Law Offices of Harrison Smith & bean. Earl Nelson, environmental review director, stated he had requested laxification in writing from the state geologist but he had declined. He ndicated it appeared each geologist consulted had disagreeing opinions as o the risk involved and timing as'to whether to delay the project until study could be completed prior to the rezone or when it comes forward ate r. . 10:18 a.m. ENE: 10:23 a.m. Mr. Nelson stated that it appears Mr. Cooksley is concerned about damage to Iife and property. The time frame could be years ahead or He felt the county should require a study. Bettye Blair, planning director, stated if they find with the ral Plan she would provide rfies?Board with the California Geologic Act. .Page 442. ' May 27, 1980 sa- ~' This would give them the determination of the study and how it was arrived at. Supervisor Dolan stated she felt they should do the study before approving the project. As other development will follow in this area. Supervisor Winston stated he had listened very carefully at these past hearings. He was absent during one hearing but had listened to the 40 minute tape on two different occasions. They have been asked to conserve agriculture lands and this was an area where he felt development should go. There was sewer lines available. There was a motion by Supervisor Winston, seconded by Supervisor Moseley, finding that the comments and recommendations from the public have been attached to the draft environmental impact report, that written responses to significant environmental points raised by the comments have been prepared and attached to the draft environmental impact report and that a list of the persons, organizations and public agencies who commented has been attached to the draft environmental impact report, ~the_final environ- mental impact rego'rt'be certified as having been completed in compliance with the California Environmental Quality Act, the State•Environmental Review Guidelines and the Butte County Environmental Review Guidelines. Mr. Nelson stated the geologist report might effect the impact report when it comes forward as a subdivision project. It would be supplemental information. Supervisor Dolan questioned if it was a complete document. Vote on motion: AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES: Supervisor Dolan Motion carried. There was a motion by Supervisor Winston, seconded by Supervisor Moseley, having reviewed and considered the final environmenal impact,. the. following findangs be-made: Development which. occurs pursuant to project approval when viewed in connection with other probable future projects, may result in significant cumulative effects on the environment in the areas of traffic increases, stormwater runoff increases, costs of public services, and potential loss of riparian vegetation. All other impacts listed, including earthquake hazards are either insignificant or are expected to be reduced to a level of insignificance by mitigation measures attached as conditions of project approval at the time of review and approval of subsequent development plans such as a tentative subdivision map. Alternatives are being rejected because those alternatives which would reduce environmental impacts do not accomplish the objectives of the project. 3. Mitigation measures are not applicable to this type of rezone since it cannot be conditionally approved (i.e. no conditions can be attached to approval of this type of zoning proposal). 4. Overriding considerations which, would justify project approval despite adverse environmental effects are the following: (a) There is a need for reasonably-prices housing for segments. of our population which cannot afford conventional housing T'age 443. May 27, 1980 80- d ____________May27, 1980=====__l=====______ because of inflation and high interest rates. Mobile homes offer a lower priced alternative, and subdivisions for mobile homes must be supplied in suffieient quantity to allow for free-market competition among sellers. (b) The proposal as formulated would implement the recommended density pattern for land use as set forth ~n the Land Use Map of the Butte County General Plan; having found the above, further finding the rezone. to be in conformity with all elements of the Butte County General Plan;'Ordinance 21],0_reznning Leon E. Mayer from "A-2" (general) to "RT-1•" (single family residential - mobile home), property located on the northwest corner of Mt. Ida Road and Wyandotte Miners Ranch Road, AP 72-09-09, Oroville, be adopted and the Chairman authorized to sign. Supervisor Dolan stated they had talked about this a great deal. She was committed to protection of prime agriculture soil and said go to the foothills but not in this area. She felt there was a distance to the sewers and they have not had a total geographic study. She was concerned about the impacts of traffico .She could not accept the motion or findings. Vote on motion: AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES: Supervisor Dolan 855 Motion carried. RECESS: 10:56 a.m. RECONVENE: 11:16 a.m. PUBLIC HEARING: MASTER DRAINAGE PLANS FOR MERIDIAN-MUNJAR AREA, ROCK CREEK FLOOD DIVERSION FEASIBILITY PLAN, UPPER MUD CREEK (ROCK CREEK TO SYCAMORE EAST OF HIGHWAY 99) AND RETURN OF DRAINAGE DEPOSITS THAT WERE IN EXCESS OF THOSE RECOMMENDED BY THE MASTER DRAINAGE PLAN; ROCK CREEK FLOOD DIVERSION PROJECT AND PROPOSED DRAFT ENVIRONMENTAL IMPACT REPORT AND DECISION; MERIDL4N- MUNJAR PROPOSED NEGATIVE DECLARATION ANA DECISION ON PROJECT; MUD CREEK AREA PROJECTS AND DECISION ON PROPOSED DRAFT ENVIRONMENTAL IMPACT REPORT; AND THERMALITO DRAINAGE STUDY ANA PROPOSED NEGATIVE DECLARATION AND DECISION ON PROJECT The public hearingson master drainage plans for the Meridian- Munjar area,. Rock Creek Mood diversion feasibility plan, Upper Mud Creek (Rock Creek to Sycamore east of Highway 99) and return of drainage deposits that were in excess of those recommended by the master drainage plan; Rock Creek flood diversion project and proposed draft environmental impact report and decision; Meridian-Munjar proposed negative declaration and decision on project; Mud Creek area projects and decision on proposed draft environmental impact report; and Thermalito drainage study and proposed negative declaration and decision on project were held as advertised. Clay Castleberry, public works director, set out the background on the projects and introduced Jon Anderson who developed the plans. Hearingsopen to the public. Appearing: 1. Boyd Buck, adjacent property owner to Mud Creek and Meridian- Munjar area. Mr. Suck stated the impact reports were not available in the library. He was concerned about drainage down stream from Mud Creek. He stated he had seen all of the water he cared to. He tried to obtain flood insurance and was informed it was not available in this area. He did not object to the project as long as••11Q did not get flooded out.. Page 444. May 27, 1980 May 27, 1980 80= Earl Nelson, environmental review director, stated they should ask 3 for the Chico .Airport Environs Report. Dan Blackstock, county counsel, stated the Board has considered a number of times applying for the flood plan. They felt the insurance is not as good as it appears. Public Works has a map indicating the flood plain areas. 2. Steve Simpson, Thermalito. Mr. Simpson questioned if the plan was completed or pending. Mr. Castleberry stated it is,fxom the city limits westerly to 22nd Street. They are not planning on an assessment district. barge developers in that area could find the plans helpful. 3. Howard Wurlitzer, west of Meridian-Munjar area for 28 years. Mr. Wurlitzer was opposed to the Meridian-Munjar project. It is illegal and unfair. It benefits residential owners. 4. Richard Bradley, north of Munjar Road. Mr. Bradley questioned how the project got started. He would like to stop the project. Mr. Castleberry set out the background on the project studies. Individuals came to them stating they had drainage problems. A consultant was hired to study the problem. 5. Dan Grigsby, Meridian-Munjar area. Mr. Grigsby was farming in the area. He felt people should not build in low areas. There should be a few more culverts. Mr. Blackstock stated the reason for the study was in order to require payments for .future drainage feasibility for developers they must have a study. Otherwise the county could not collect fees. It could be the basis for forming an assessment district. 6. Frank Bennett, K®~fer. Road, Chico. Mr. Bennett stated this area is de~elop~ng rapidly. He felt the project was timmly and for the good of everybody. Mr. Bennett set out the areas of Rock Creek and Mud. Creek as it comes into Keefer Slough. It will solve a big prob~m for people down stream. 7. Paul Minasian, attorney. Mr. Minasian was representing a number of farmers in the area. They are not impressed with the study and feel it is incomplete. They did not see any benefit to the farmer. He felt it was encroaching on agriculture. It should state who will be paying for financing. The study was not properly noticed. The map in the newspaper was a very small scale. It does not show the farm land, an area which is above 99. They did not send notices on either side of the property owners. He felt it should be renoticed. There should be a full scale map. They should come back with eith a plan or payment of costs. The EIR document is insufficient in terms of scope and ramification ot_the area. Supervisor Winston noted that there were concerns of people down stream in the orchards and fields and the problem with debris.> He felt Mr. Minasian was wanting assurances from the county or drainage district there will be help in maintaining clearance of the channel. 8. Harry Jenkins, Chico. Mr. Jenkins felt Butte County had a problem with water from Sacramento Avenue and Rock Creek. 9. Jon Anderson, engineer. Mr. Anderson would answer any questions concerning the projects. Mr. Anderson drew a diagram on the Hoard.;. Page 445. May 27, 1980 80-- a _ _ _May 27, 1980_ _ _ _ _ _ _ ~Mr. Anderson set out the area of the projects. It consists of 200 square miles. .Supervisor Winston was concerned about the legal notices. This was set six weeks ago. Bettye Biair, planning director, asked that the Board not act on the environmental determination until they have prepared amendments to the Airport Environs Study. There could be additional information. Chairman Lemke stated due to the question of the proper notices he was not going to close the portion of the public hearing. . The hearing was continued to June 24, 1980 at 11:30 a.m. The notice is to be republished. Chairman Lemke questioned if there were any~ther individuals wishing to discuss the Thermalito drainage study. II Mr. Simpson was concerned about the drainage from 23rd Street east. He questioned why the 16 foot pipes were not replaced when the drains and sewers were worked on. Mr. Castleberry is to study the matter. 85; Hearing on the Thermalito Drainage study closed to the putrlic and confined to the Board. Mr. Blackstock stated they would refund any excess of money which has been collected. On motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, finding the proposed project could not have a significant effect on the environment a negative declaration is recommended. On motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, the plans and project for Thermalito Drainage Study were approved. ADOPT RESOLUTION 80-116 RENAMING COUNTY ROADS IN PARADISE ADDRESS AREA The public hearing regarding the renaming of county roads in the Paradise address area was held as advertised. 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 Wheeler and unanimously carried, Resolution 80-116 renaming roads in the Paradise addressing area on the following was adopted and the Chairman authorized to sign: 1. Doe Mi11 Road ) Potter Drive ) Panderosa Way ) to ) Doe Mill Road Understock Road ) Powellton Road ) 2. Humbug Road Skyway to Plumas County Humbug Summit Road Clay Castleberry, public works director, stated the Town of Paradise felt it would cause inconvenience to change street numbers. They are working with the Town of Paradise on this matter. Page 446> May 27, 1980 80- 858 859 May 27, 1980 APPEARANCES: DENNIS__T.ESS Dennis Less, vice chairman, Community Action Board. Mr. Less requested that the Board reconsider their decision regarding "degreening" the Community Action Agency. .Since the May 20th meeting they have unanimously voted in favor of the "degreening". RECESS: 12:31 p.m. RECONVENE: 1:38 p.m. Present: Supervisors Dolan, Moseley,and_Chairman Lemke:• Absent: Supervisor Winston and Wheeler PUBLIC HEARING: RAUCH APPEAL OE PARCEL MAP, CONDITIONS ~k7, ~kll AND 18 F ROM THE ADVISORY AGENCY,_AP 30-26-48 AND 49 The public hearing on Rauch appeal of parcel map, conditions ~k7, ~k11 and ~k18 from the Advisory Agency, AP 30-26-48 and 49 was held as advertised. Clay Castleberry, public works director, set out the area on a map posted on the board. Mr. Castleberry indicated a dirt and gravel road. He felt the paving condition could be waived. If the area starts to develop further they could require paving. SUPERVI50R WHEELER PRESENT AT THIS TIME Hearing open to the public. Appearing: 1. Mike Glaze, Cook Associates. Mr. Glaze stated this is an unusual land division. It is greater-than 20 acres but half of the parcel can not be developed than it is now. An alternative to no•further division stipulation being placed on the map would be to rezone to "A-5". His recommendation would be to uphold the appeal and have applicant pursue "A-5" zoning. It could relieve some of the pressure for mobile home sites. Hearing closed to the public and confined to the Board. There was a motion by Supervisor Moseley, seconded by Supervisor Wheeler, the appeal of Rauch parcel mapeonelitions be upheld and the conditions subject to a note placed on the map and pursue the zone change to "A-5",,,ere waived. Motion amended to read: Rhe appeal of Rauch parcel map be upheld and the conditions subject to a note placed on the map be waived. Vote on motion: AXES; Supervisors Dolan, Moseley; Wheeler and Chairman Lemke ABSENT: Supervisor Winston Motion carried. 860 ADOPT RESOLUTIONS 80-117, 80-118, 80-119, 80-120, 80-121 AND 80-122 REGARDING SACRAMENTO AVENUE ASSESSMENT DISTRICT N0. 1 The public .hearing regarding the formation of Sacramento .Avenue Assessment District No. 1 was held as advertised. The hearing was opened to the public. Appearing: 1. Samuel Sperry, lawyer. Mr. Sperry stated on the original engineers report there was a $100 per bond charge figure, the treasurer is in the process of asking for a'change of policy, indicating it might be Page 447. May 27, 1980 80- b May 27, 1980 increased to $150 or $175 at~the time of the final hearing.) There is a change in the engineer report by requiring a $100,000 amount be transferred from the reserve to contingency. Dan Blackstock, county counsel, stated he recommended the Board take this action in order to protect the Board and so there is a viable contract in case the assessment district does not go through. Mr. Sperry discussed the interest rates. They would not proceed until July 1. At that time the project could be made smaller or modified. Mr. Sperry set out the background on the bid process. Various items could be addressed at the public hearing. The action required of the City of Chico Council was taken on May 20 to proceed. Hearing closed to the public and confined to the Board. 861 On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the following regarding Sacramento Assessment District ~~1 was approved: 1. Adopt Resolution 80-117 approving agreement for engineering services. 2. Adopt Resolution 80-118 directing filing of boundary map with County Recorder. 3. Adopt Resolution 80-119 as resolutions of intention. 4. Adopt Resolution 80-120 setting a public hearing date of July 1, 1980 at 11:15 a.m. far determining public convenience and necessity. S. Authorize filing of engineers report. 6. .Adopt Resolution 80-121 accepting engineers report and set public hearing date of`-July 1, 1980 at 11:15 a.m. 7< .Adopt Resolution 80-122 calling fox construction bids to be_opened on- Wednesday,•June.25; 2980 at 11:00 a.m. in-the Board of $uperyisors Room; 8. Authorize filing of notice of improvement; authorize the publication, posting and mailing of the notice of improvements. 9. Authorize filing the notice inviting sealed bids and authorize publication of same. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, appropriation of $100,000 from the reserve for contingency for payment of engineering fees in that amount was approved, ty Action Agency. The CAA Board requests reconsideration of degreen- ing. To be reconsidered on June 3, 1980. ng Community Action. Agency. Fourteen letters have been received requesting that the Community Action Agency be released from control of the County. To be reconsidered on June 3, 1980. lle Community Center Committee. The committee requests they be considered for revenue sharing fund. Referred to Administrative Office for budget file. Page 448. May 27; 1980 May 27, 1980 80- Butte County Police Athletics League. The organization requests they be ~ considered for revenue sharing funds. Referred to Administrative Office for budget file. County of San Luis Obispo. The Board of Supervisors of San Luis Obispo County requests adoption of a resolution advocating the repeal of the Federal Voting Rights Act language provision. Information; no action taken. Butte County Coordinating Council for Developmental Disabilities. The Co- ordinating Council recommends Mr.-Lou Cleary be appointed to the Area II Board to fill a vacancy. Administrative Office to post notice. Robert L, Hewitt, attorney at law. Mr. Hewitt writes requesting to be considered for appointment to Che position of judge of the Oroville Justice Court. Deadline for applications is June 9, 1980 at 5:00 p.m. David Williams, Chico. Mr. Williams writes requesting the return of a drainage deposit in the amount of $6,366.53 on several parcels. Referred to County Counsel and Public Works. James R. Mack, Campbell. Mr. Mack writes expressing concern about the condition of county roads in the Feather Falls Star Route area. Referred to Public Works. City of Chico. The City of Chico forwards their resolution entitled Resolution of the City Council of the City of Chico Setting Forth Guidelines To Be Used for .Development of a Land Use Element for the Chico General Plan That Will .Be Consistent With the Land Use Element of the Butte County General Plan. Information; no action taken, Supervisor Wheeler stated it is important to note this will go before a public hearing and people in-the area will be given a chance for imput. Gary G. Siekman, Chico. Mr. Siekman appeals from an adverse ruling of the Butte County Subdivision Violation Committee regarding a mobile home utilities permit, AP 47-03-39. Set for hearing on 3une 17, 1980 at 10:30 a.m. James E. Parr and Robert Terrill, Paradise. Both gentlemen write requesting the Board of Supervisors hear an appeal from the Planning Commission decision to deny a General Elan change and rezone request on property 200 feet to 3,000 feet east of Highway 32, AP 63-01-101 and 102. Set for hearing on June 17, 1980 at 10:45 a.m. dis, Driscoll and Associates. The engineers, on behalf of .George Hammontree, appeal condition ~k2 from the Advisory Agency regarding parcel map AP 62-23-104. Set for hearing on June 17, 1980 at 11:15 a.m. dis, Driscoll and Associates. The engineers, on behalf of Bobby Thompson, appeal condition ~~2 from the Advisory Agency on parcel AP 62-23-105. .Set for hearing on June 17, 1980 at 11:30 a.m. Surveying. The engineers, on behalf of Paradise Pines Mobile Home Estates, Inc., appeal condition of compliance ~kl from the Advisory Agency on AP 65-19-20 and 22. Set for hearing on June 17, 1980 at 11:45 a.m. Page 449. May 27, 1980 80- 862 863 864 865 _ _ M_ay 2_7, 19s_o _ _ Vina Canfield, Chico. Ms. Canfield writes cancelling her appeal of condition ~kl on Certificate of Compliance on AP 71-16-23. The hearing is set for June 3, 1980. Joseph Topping,_Oroville. Mr. Topping writes appealing the Northwest Pacific Resources, Inc, 72 lots, dakvale Terrace Subdivision, west side of Oakvale Avenue just south of Hilldale Avenue, Oroville area. ?:County Counsel to report back June 3, 1980 on verification of appeal period. CONTINUED TO JUNE 3, 1980 WAIVING THE FIRST READING OF ORDINANCE AMENDING CHAPTERS 19 23B AND 31 OF BUTTE COUNTY CODE Continued to June 3, 1980 waiving the first reading of ordinance amending Chapters 19,.23B and 31 of Butte County Code relative to sewage disposal, water wells and garbage and refuse collection. CONTINUED TO JUNE 3, 19$0 APPROVING PROPOSED AMENDMENT N0. 7 TO THE WATER CONTRACT WITH THE STATE OF CALIFORNIA Continued to 3une 3, 1980 approving proposed amendment No. 7 to the water contract with the State of California. COUNTY COUNSEL TO REPORT ON OLSON VS CORY MATTER ON 3UNE 3, 1980 County Counsel to report to the Board on Olson vs Cory matter which was previously before the Board on May 23, 1980. ADDITIONAL MATTERS BY BOARD MEMBERS It was noted Mr. Bandy, agricultural commissioner, has issued a press "release regarding grasshoppers. Supervisor Wheeler read into the record a draft letter to Sperry Univac which she would like permission to be forwarded. Clif Nickelson, administrative officer, stated the reason for the letter was to get action from Sperry Univac regarding using new equip- ment which could improve performance and be less expensive. The Board agreed the let'tex~ could be"mailed. ADJOURNMENT There being nothing further before the Board at this time, the meeting was adjourned at 2:26 p.m. to reconvene on Tuesday, June 3, 1980 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK- RECORDER and ex-officio Clerk of the Board of Supervisors By Chairman, Board of Supervisors Eage 450. May 27, 1980