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HomeMy WebLinkAboutM052979May 29, 1979 OF CALTFORNIA ) SS. OF BUTTE ) 9- mhe Board of Supervisors met at 9:00 a.m..pursuant to adjournment, v' Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke. C1if Nickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board. Pledge of Allegiance to the Flag of the United States of America. Invocation by Supervisor Moseley 885 APPROVAL OF MINUTES On motion of Supervisor Moseley, seconded by Supervisor Aolan and unanimously carried, the minutes of May 22, 1979were approved as mailed with the following corrections and amendment: Minute Order 79-839 change name to Larry Jobe .Minute Order 79-870 change name to Jerry Mendon Minute Order 79-864; 79-865; 79-866; and 79-867 were changed from June 25, 1979 to June 26, 1979. Minute Order 79-840: add the following: Supervisor Dolan stated that she did not oppose the General Plan amendment but voted No because she felt it should be combined with some of the other amendments pending. 886 AUTHORIZE CHAIRMAN TO SIGN RESPONSE TO OFFICE OF THE TREASURY~_RELATING TO AN ALLEGED DISCRIMINATION COMPLAINT On motion of Supervisor Winston,-seconded by Supervisor Wheeler and unanimously carried, the Chairman-was authorized to sign the response letter to the Office of the Treasury relating to an alleged discrimination complaint. 887 ADOPT RESOLUTION 79-91 SETTING A PUBLIC HEARING DATE RE: COUNTY SERVICE AREA NO. 59 (PARK VISTA STREET LIGHTS - CHICO) On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, Resolution 79-91 setting a public hearing date for July I0, 1979 at 10:00 a.m. for County Service Area No. 59 (Park Vista street lights - Chico) was adopted and the Chairman authorized to sign. 888 ADOPT RESOLUTION 79-92 APPROVE PARENTAL .STRE&S-PROGRAM APPLICATION:APPROVED CONTRACT WITH FAMILY SERVICE ASSOCIATION Supervisor Winston stated that he had read the grant very carefully. Tt would appear as if a massive effort is being made to spend money, Even though this was budgeted in 1978-79 the local match is $2,750. The Board has spent almost $5,000 out of next year's budget. This country is on the edge of disaster because. of inflation. He felt that it was about time the people know they have to do some things for themselves. He felt that the grants have to stop . Chairman Lemke stated that he had seen two different programs, one presented by the child abuse people in Butte County including the Sheriff's Office and another program produced by the Welfare Director he would not be supportive of the program. He was shocked to find the kind of child abase taking place in. this county.. He would be the first to send a program back if he thought the problem would go away. Supervisor Winston wondered if this was going to solve the problem. He suggested that the evaluation be down outside the department affected. Page 363. May 29, 1979 889 890 89 May 29, 1979 ^ Bob Crisan, welfare directar, felt that this program provides consoling as required by the court to return children to their parents. He does not have .the staff to provide the consoling. The funds for this program are already in the budget. He will be making a quarterly report and could send a copy to the Board. The program .calls for 5' or less return to Child Protective Services. Using 1973 as a base-year the statistics have increased in the neighborhood by 7007. Tn Butte County there is a good job of outreach. The referrals equal Alameda and Contra Costa Counties. Mr. Crisan stated that Family Services Association .is the non-profit organization that has: the staff to handle counseling of this nature. Supervisor Winston stated that he had to support this because he could not do anything else. Some day these grants will have to stop. He was taking a stand against grants and not abused children. Mr. Crisan stated that his department is audited by the state, fedezal and county. On motion of Supervisor D.alan, seconded by Supervisor Wheeler and unanimously carried, Resolution 79--92 approving the Parental Stress Program application and designating the Welfare Director as the project director was adopted; the contract with. the Family Service Association was approved and the Chairman authorized to sign. AUTHORIZE RELIEF FROM CASH SHORTAGE - COUNTY CLERK On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, relief from cash shortage for the County Clerk in accordance with Government Code Section 29390 in the amount of $116 was authorized. ADOPT RESOLUTION 79-93 DESIGNATING CHERYL KEPLER AS THE OFFICIAL COUNTY REPRESENTATIVE IN THE MISS CALxFORNIA CONTEST On motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, Resolution 79-93 designating Cheryl Kepler as the official county representative in the Miss California contest was adopted and the Chairman authorized to sign, APPROVE BILLING FOR PAYMENT - BUTTE COUNTY FAIR - ELECTRICITY AND LIGHTING PROJECT On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, billing for 80% payment of the design work on the electricity and lighting project of the Butte County Fair in the amount of $1,200 to Peters Engineering was approved. APPROVE BUTTE COUNTX FAIR - BUDGET TRANSFER 1979-2 On motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, Butte County Fair budget transfer 1979-2 recognizing the receipt of $1,000 of special premium augmentation funds were approved. APPROVE BUDGET TRANSFERS On motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, the following budget transfers were approvedo B-155 - Board of Supervisorso Transfers $300 from rents and leases of equipment and $300 from special departmental expense, with $600 going to extra help in order to cover the cost of clerical assistance for Chico area Board members. Page 364. May 29; 1979 79- 894 895 %~~O 896 May 29, 1979 . W ~~..---____________________________~: B-156 - Assessment Appeals Board. Transfers $2,550 from the reserve to professional and specialized services in order to cover the increased costs brought about by the abnormal assessment appeals filings and hearings. 8-157 - County Counsel. Transfers $1,000 from salaries and wages to transportation and travel in order to cover increased travel costs brought about by unanticipated litigation and numerous hearings on the proposed fossil fuel plant. B-158 - Oroville Justice Court. Transfers $6,600 from the reserve with $900 going to overtime, $4,000 to professional and specialized services, and $1,700 to office expense in order to provide an additional appropriation to cover current and anticipated deficiencies brought about by increased filings, new legislation, and lengthy jury deliberations. 8-159 - Fire Protection - recular service. Transfers $575 from special department expense to fixed assets - equipment in order to provide for the purchase of an electronic siren, amplifier, public address system and warning light system on a new vehicleo Approval of•this transfer`will facilitate the necessary Board approval to authorize the purchase of the equipment, B-160 - County Clerk. Transfers $11b from the reserve to miscellaneous expense in order to cover the cash shortage due to a robbery on April 17, 1979 in accordance with Government Code Section 29390 and Board of Supervisor's Resolution 75-177. ADOPT RESOLUTION 79-94 PROPERTY ACQUISITION - 2543 FORT WAYNE STREET On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, Resolution 79-94 authorizing the Administrative Officer to execute a :purchase agreement pursuant to fair market value for 2543 Fort Wayne Street, Oroville was adopted and the Chairman authorized to sign. APPROVE HEAD START CARRY-OVER BUDGET PROPOSAL ,['OR_SUBMITTAL_T03HEW Supervisor Winston staked that there was reprogramming of funds and reprogramming of local match to allow for purchase of various items that it would appear could be not needed in the program. What has happened to the theory of saving monies to use for the next year and doing without a little bit? James McNaughton, EOC director, stated that these .purchases would result in a cost savings. The are asking-for the equipment that is necessary to meet the guidelines mandated by HEW. This year's budget would not allow for those costs. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the Head Start carry-over budget proposal to reprogram $12,954 in federal funds and $3,239 local match from the 1977 grant year to allow for the purchase of equipment, $4,036; supplies, $6,254; a half-time Affirmative Action Officer salary, $1,596 and benefits, $268; and the cost of a mental health consultant, $800 proposal for submittal to HEW was approved and the Chairman authorized to sign. AYES: Supervisors Dolan, Mose1~~~ Wheeler, and Chairman Lemke. NOES: Supervisor Winston. APPROVE HEAD START HANDICAP GRANT PROPOSAL On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, the Head Start handicap grant proposal to the Department of HEW to operate a program to serve handicapped children for the period. August through Decembe7° 1979 with $6,175 in federal funds and $1,544 local match was approved and the Chairman authorized to sign. Page 365. May 29, 1979 79= 897 ~!! 898 The matter to be discussed with the Agricultural Advisory Commssion. RECESS: 10:04 a.m. RECONVENE: 10:20 a.mo `, : ~ - Page 366. May'29, 1979 May 29, 1979 _ _ _ _ _ _ - ~ ~ - - - ~ - r - _ _ . - _ - - - _ - ~ _ ~ _ _ _ _ _ DISCUSSION: JOINT POWERS AGREEMENT WITH OTHER AIR POLLUTION CONTROL BOARDS Joe Bandy, air pollution control officer, stated that Supervisor Moseley had attended a Sacramento Air Basin Coordinating Council meeting. The other districts have expressed a desire to enter into a joint powers agreement. There is a basic problem between urban and rural distinctions. He asked that he and counsel be allowed to review this matter and determine what the pros and cons for Butte County would be in entering into such an agreement. This would provide additional funds. His concern is that Butte County has the greatest technical capacity of any northern California district. Such an agreement can impact the district on what they are able to have as far as air quality. This could be the loaning of equipment or the trading of personnel. The air quality efforts as far as the federal and state are concerned in defining urban and rural designations are well defined where the ARB uses this at their convenience. The major counties could generate $6,000, Sacramento could generate $54,OOOwith the other counties slightly higher or lower. Mr. Bandy stated that there are additional federal and state regulations on air quality control and concern regarding intra-county exhcange that might result in no opportunity to enter into an agreement. The major concern is uniform ruleso The county would have to adopt programs like the urban areas. the Board, Mr. Bandy to confer with Counsel and bring back a report to DISCUSSION: GRASSHOPPERS IN GHICO AREA Chairman Lemke stated that the problem of grasshoppers in Chico in the surrounding grasslands has been called to the attention of the Board. This year they are doing damage. He asked that Mr. Bandy meet with Mr. Struthers. There has been some pretty heavy economic damage, He asked that they physically inspect the area to see if there is cause for an emergency situation and if there is economical damage to warrant calling in the Office of Emergency Services to possibly declare a' disaster area> Joe Bandy, agx~:cultural commissioner, stated that Mr. Gordy, U.S.D.A. has been picking up 18 to 25 gnats per square yard. His concern is the pesticide related reports. Mr. Bandy stated that he has had staff in the field since Saturday. It would be possibly, in-the event there are numerous nymphs, that a treatment program could be initiated, It would take money. and cooperation of the property owners in the grassland, not in the residential area. He would like to make a more comprehensive report including commercial and residential losses. Discussion of action being taken regarding violation of pesticide control held at this time. Mr. Bandy stated. that they were using what authority that they had. under the label recommendations. He set out how the exposure to pesticides were handled, There is legislation being considered that would requre that the Agricultural Commissioner be responsible for all pesticide control including individual applicationso 79 3! 899 May 29, 1979 PUBLIC HEARING: JAYRED .AND TOWNS - APPEAL OF ADVISORY AGENCY'S DENAIL OF DRAFT EIR AND SOUTHGATE ACRES. SUBDIVISION,. AP 40-04-35 & 37, 20 LOTS, SOUTH SIDE OF ENTLER AVENUE. 750 FEET EAST_OF PROPERTY LINE„ CHTCO The closed public hearing of Jayred and Tawne appeal of Advisory Agency's denial of draft environmental impact report and Southgate Acres Subdivision, AP 40-04-35 & 37, 20 lots, south side of Entler Avenue, 750 feet east to property line, Chico was held as continued. Supervisor Dolan stated that since many comments were submitted to Environmental Review since the last hearing and since this is a closed hearing it is not a hearing for the people to respond to that. She felt that comments to the response should be heard. Chairman Lemke stated that the public hearing was closed to the public at the last hearing. The letters and comments to the EIR were addressed to Environmental Review to be answered by the Environmental Review Director, 'The Board now has the response from the Environmental Review Director to the public comments. He hesitated to open the public portion of the hearing at this time. The EiR is to be used by the Board in helping to make a determination. Del Siemsen, deputy county counsel, stated that the Board could reopen the public portion of the hearing. However, if the Board does there may be a postponement on responding to the comments. If the EIR that the Board has addressed contains all the comments, then that is all that is necessary. Earl Nelson, environmental review director, stated that the State Environmental Quality Act provides for a procedure whereby a draft EIR is prepared and then comments come in on that draft ETR> These comments must be addressed and then the ETR must be certified, The Iaw does not require that responses to comments go back to the public. The responsibility for the content of the EIR lies with the Board that acts on it. The finalization process was held at the Advisory Agency. Responses were formulated to the comments that came in. They denied the project so they did not certify the EIR. The Board held a hearing and the public was given an opportunity to make comments. It was advertised as such. It is the Board's option whether they want to open the hearing up to the public or not. The Board has fulfilled their legal responsibility. Mr. Nelson stated that .the Board had three options: 1) The Board could deny the project; 2} The Board could delay the project and make environmental findings at that time; 3) The Board could approve the project and make the findings required. The Board might want to require either the installation of a train signal at the railroad crossing or a deposit for that. It was•not required by Public Works at the Advisory Agency, The train trips are infrequent and the trains~travel at the same speed. The other question is the possible left turn lane on Midway. This project would contribute about 280 cars per day to Entler. It is a relatively small number that would not require this lane. The other main major environmental concern is the question of conversion of agricul- tural land to urban uses. One part of the large area that is available is designated for urban use and will be one mare step towards conversion unless action is taken to change the General Plan designation. Agriculture land is not one of the .items listed as significant on the review of what constitutes significant environmental effects. Supervisor Dolan asked if the increase in traffic, possible depredation of the character of the area and other effect which would mean transitioning from agricultural land to urban use could be construed that some. of each of those items:were involved and therefore the effects could be defined as the transition from agriculture to urban.. Page 367. May 29, 1979 79- ~' Ma_y 29, 1979 Mr. Nelson stated that they were foe~using in on one project of 20 lots. The change might be considered insignificant. The General Plan would allow a significant amount of agricultural land to be converted if all of it goes. The line was established in 1971 and it has been a matter of public record and county policy ever since. Supervisor Dolan stated that she had a comment on procedure. She has reviewed the list of additional comments. Some were submitted aL the noticed hearing. There were three groups of people who submitted comments after the hearing was closed> It was moved by Supervisor Dolan that the comments be so noticed and that the matter be set for another hearing. Motion dies for lack of second. Supervisor Winston stated that the EIR is to be used as a guide for the decision making body. He had notices in the past that sometimes the-EIR is used as a means of harassment and delay. There have been a series of hearings on the Planning Commission level and on the Board level. He was sure that all of the Board members had reviewed the comments by the Environmental Review-Department. He was not sure it would be of any great assistance to continue the hearings. The county is operated under Section 50 of the General Plan. It refers.: to urban areas and talks about the amount and location of land and projects to the year 2000. Tt was the intent of the General Plan to encourage development. This project is referred to on the .land use map as urban designation. Supervisor Dolan felt that there were two conflicting items in the General Plan, The urban area lines that are drawn do not reflect the policy statement and needs to be updated and revised. It does not make sense to the Planning Director in regard to the difference between the map and the policy, The correct course of action is to hold off a decision until the Board receives what was given to the Planning Commission for study. The Planning Commission is just beginning to look at this area. On motion of Sum rvsior Wheeler, seconded by Supervisor Moseley and carried, finding that summations of 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 environmental impact report was certified as having been completed in compliance with the California Environmental Qualixy Act, the State Environmental Review Guidelines and the Butte County Environmental Review Guidelines. AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke. NOES: Supervisor Dolan> It was moved by Supervisor Dolan that the decision on the project be tabled until the Planning Commission fulfills their responsibility to look at the unclassified districts between Durham and Chico. Motion dies for lack of second. It was moved by Supervisor Dolan that the subdivision be denied. Motion dies for lack of second, Page 368. May 29; 1979 79"- b May 29, 1979 It was moved by Supervisor Wheeler, seconded by Supervisor Winston that based on the Board's own knowledge and research and on information presented to the Board concerning this project, including the environmental impact report which has been considered in arriving at a decision, finding that the project will not have a significant effect on the environment, further, noting that the General Plan Map Designation for this property indicates low density residential phasing into industrial, that the General Plan Land Use Element stated that all prime agricultural land outside designated urban areas should be designated agricultural and that the area lies within the urban area of Chico as shown on Land Use Element Urban Area Map, finding that the project is in conformance with t he General Plan and having found the above, the tentative subdivision map for Southgate Acres Subdivision, AP 40-04-35 & 37, 20 lots, south side of Entler Avenue, 750 feet east to property line, Chico was approved subject to the conditions required by the Subdivision Committee as set out below: 1. Submit road and drainage plans to the Department of Public Works for approval and install the required facilities:. 2. Provide 20-ft, radius property line returns at all street intersections. 3. Indicate a 50-ft. building setback line from the centerline of all roads. 4. Street signs shall be provided by the developer at all street intersections per County requirements. (Submit five alternate street names for each street to the county address coordinator for approval of street names.) 5. Deed 30 ft. from the centerline of Entler Avenue to the County of Butte. 6. Construct half street section on Entler Avenue to RS-2 major road section with 2" AC and 8" AB with vertical curb, guttex and sidewalk. 7. Construct full street section on proposed streets to RS-2 minor road geometric standard. Minimum structural section to be 2" AC and 6" AB with fog seal and 95% relative compaction. Submit design to County Department of Public Works for approval. "I2" value determinations and other data may be required to support section design,- 8. Provide monumentation as required by the Department of Public Works in accordance with accepted standards. 9, Street grades and other features shall comply with the Butte County ordinances, design resolution and other accepted engineer standards. 10. Provide permanent solution for drainage. 11. All easements of record to be shown on the final map. 12, Meet requirements of Butte County Fire Department or ofher responsible agency. 13. Street lighting shall be provided in accordance with Butte County requirements accepted design criteria and recommendations of PG&E. Page 369. Maq 29; 1979 May 29, 1979 . . . . . . . C ~ . ~ . . ~ C ~ ~ A ~ ~ F . C . . . . . 14. Construct east end of Entler Avenue to provide access to Hwy. 94. b Supervisor Dolan stated that if any significant impacts have been listed that alternatives that have been proposed should be discussed and overriding considerations need to be submitted. In the environmental statements there are enough statements on truck traffic to put a condition on the subdivision. This flies in the face of the EIR the Board approved. She could not see how the findings that this is consistent with the zone could be made. The Board has asked the Planning Commission to study this area. Vote on motion: AYES; Supervisors Moseley, Wheeler, Winston and Chairman Lemke, NOES: Supervisor Dolan ' Motion carries. 15. Show all contiguous holdings on the tentative map. 16. If residential that it be zoned residential. 900 9011 RECESS: 10:57 a.m. RECONVENE: 11:10 a.m. SUPERVISOR DOLAN APPOINTED TO VARIOUS COMMITTEES Chairman Lemke appointed Supervisor Dolan to-the Supervisors/ Grand Jury Audit Committee, Supervisor Dolan was appointed to a new committee comprised of Public Works, Adminstrative Office, Assessor and Counsel for investigation of a solar energy program. CONSIDERATION OF ELIMINATING THE REGULATION OF CABLE TELEVISION RATES IN THE UNINCORPORATED AREA OF BUTTE COUNTY - CONTINUED TO JUNE 5, 1979 AT 9:04 A.M, Discussion of consideration of eliminating the regulation of cable television rates in the unincorporated area of Butte County held as advertised, Hearing open to the public. Appearing: 1. Ross Wagner, NORCAL Cablevision. Mr, Wagner set out the history of the cable television in Butte County. The utilities of new subdivision have to go underground, Their company had to spend four times as much money. The City of Oroville enacted an underground ordinance which would have developers pay fox the services. On October 17, 1978 the Board of Supervisors passed an ordinance to require developers to pay the underground fees. On May 1, 1979 the ordinance was rescinded, The reason the ordinance was rescinded was because the Board felt that cable TV should operate in a free enterprise. Because of contract stipulations they have with, the county since 1964 they are required to build in all new subdivisions within the area surrounding Oxoville. He recommended that these stipulations be removed from the contracts. Underground construction is unpredictable. The problem is that they will have to come in and either change the rates for underground areas to pay for the new construction or increase the rate for everyone. Through deregulation of the rates hopefully they will not have to keep coming back to the Board for an increase in their rates. In December, 1976 the Board granted a rate increase. At that time there was a decrease in business~of 8%. Page 370. May 29, 1979 May 29, 1979 2. Robert Sampson, Chico.' Mr. Sampson was opposed to de- reguIation of the cable television rates. The .cab le television companies are monopolies. When this is deregulated this gives the companies a license to increase the dates as high as .they want. He felt that the Board might establish a voluntary committee, to the Board to determine a fair rate charge. Supervisor Winston stated tYiat the Board has received comments from one television provider that with an antenna the community is able to get Redding and Chico and with another station that is projected the area would have full coverage. 3. Donald Keys, Kelly Ridge., Mr. Keys stated that Kelly Ridge cannot have outside antennas. They are more or less captive of the cable television company. 4. John Martin, State Cable TV. Mr. Martin stated that allegations are frequently made that cable television companies have a monopoly. In a very small sense, there is a monopoly. There are alternative systems in the community for the same commodity. There are only six out of ten homes that subscribe to cable television. Because this is a non-essential service cable is subject to the same as private business. There are five significant channels viewed in the county by non-cable homes. Tf a person wanted to go to antennas, they could do so. SUPERVISOR DOLAN ABSENT AT THIS TIME. Hearing closed to the public and confined to the Board. It was moved by Supervisor Winston, seconded by Supervisor Wheeler that this item be placed on the agenda for June 5, 1479 at 9:00 a.m. The hearing was continued to June 5, 1979 at. 9:00 a.m. 902 )ISCUSSION: MC KINNEY BROS., INC. LETTER CONCERNING A PARCEL MAP 2EQUIREMENT RELATING TO THE INSTALLATION OF FIRE HYDRANT AT THE CORNER )F OHIO AND-GUILE STREETS, CHICO, AP 46-044-24 ' Discussion of McKinney Bros, Inc. letter concezning a parcel nap requirement relating to the installation of fire hydrant at the corner of Ohio and Gui11 Streets, Chico, AP 46-044-24 was held~at this :ime. Clay Castleberry, public works director, set out the background if the requirement. The Division of Forestry requires installation of afire hydrant or payment of the hydrant based on a per foot requirement. ie did not have a recommendation in this case. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Lemke, seconded by Supervisor Moseley ind carried, McKinney Sros., Inc. were required to pay their proportionate >hare towards afire hydrant. 903 CLARK ROAD ASSESSMENT DISTRICT N0. 2 - ADOPT RESOLUTIONS 79-95: 79-96 AND 79-97: SET PUBLIC HEARING RATE FOR JULY 10, 1979 AT 11:15 A.M. Robert Brunsell, bond counsel, was present to discuss the proceedings regarding the formation of Clark Road Assessment District No. 2. Page 37I. May 29, 1979 79i $' - - - - Maw 29 z 1979 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Discussion of the letter from Ridge Taxpayers' Association with regard to a proposal to create a drainage district held'at this time. Mr. Brunseil stated that Section 4 of Proposition 13 requires a 2/3 vote in cases of certain special taxations. Special charges are not special taxes. There-are Superior Court 'decisions supporting this contention.- They expect a similar decision from the Court of Appeal which would be a precedent. He will send a letter regarding this matter. On motion of Supervisor-Wheeler, seconded by Supervisor Moseley and carried, the following action was taken regarding Clark Road Assessment District No. 2: 1. Adopted Resolution 79-95 setting a public hearing for determining public convenience and necessity for July 10, 1979 at 11:15 a.m. 2. Authorized filing of the engineer's report. 3. Adopted Resolution 79-96 accepting the report and setting a public hearing for protests to beheld July 10, 1979 at 11:15 a.m. 4. Adopted Resolution 79-97 calling:.for construction of bids to to be received on June 21, 1979 at 11:00 a.m. 5. Authorized filing of notice of improvement. 6. Approved filing of notice to contractors. APPROVE STONEBRIDGE PROFESSIONAL VILLAGE FINAL SUBDIVISION MAP PROVIDING PLAN CHECK AS APPROVED BY PUBLIC WORKS Russ Croninger, Ringel and Associates representing Mr. Lowen, asked that the Board approved the Stonebridge Professional Village final subdivision map. .Everything is in order except the map checking on the subdivision. If this is not approved it could ,take two weeks to get approval. 904 Clay Castleberry, public works director,, stated that he knew of no problems anticipated with this subdivision. It is not ready at this point. He hesitated to put it on the agenda if it is not ready in every case. Dan Blackstock, county counsel, set out the reason for the procedure that everything must be in order before the map is approved. There were problems for the county and the developers before this was done. The Board mandated that no subdivision was to come before the Board for approval until the matter had been completed by the Department of Public Works. Mr. Croninger stated that approximately 75% of the offsite improvements are within the City of Chico. The only .improvement on this project within the county is Rio Lindo. The only thing on the Public Works checklist is the map check of the map. Supervisor Winston felt that there were special circumstances in this case, one being that most of the improvements are within the City of Chico technically. 6n motion of Supervisor TSTheeler, seconded by Supervisor Ldinston and carried, .Stonebridge. Professional Village final subdivision map for Burt Lowezi was approved providing the. plan check is approved by Public Works. Page 372. May 29, 1979 79~ 905 d" 906 9071 908 909 909! May 29, 1979 - v ~ ... - - - ~ ~ - .. qcr .: - = - - - ~ - - - - - ~ .. e - - - a - - ... a - APPEARANCEY BOB`BOSTICK Mr. Bostick 's poke regarding tite approval of development in agricultural land. It is important tb understand how the decision to allow development in agricultural land affects Butte County. It tells developers that the door is still open. Until this is stopped development of agricultural land will continue as 1ong~as there is agricultural land. San Jose was much. like Butte County at one time and.now there is nothing but development. Agricultural land provides food for human survival. He asked that the Board set an example for the entire county 'that no more agricultural land will be developed. This dote .must prove that the Board is going to allow development by the airport and Butte College. APPROVE AGREEMENT:'BETWEEN COUNTY AND. PARADISE IRRIGATION DISTRICT - TAX HEEDED LAND _-.-_.r~..... On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, the agreement between the county and Paradise Irrigation District pursuant to provisions of the Revenue and Taxation Code for the sale of AP 52-2138 to the Paradise Irrigation District in the amount of . $263 was approved and the Chairman authorized to sign. APPROVE PUBLIC WORKS ITEMS On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, the following Public Works items were approved: 1. Approved agreement for sale, right-of-way acquisition, Foothill Blvd. 21574-78-1 for the following; authorized Chairman to sign and authorized the Auditor to issue a warrant upon demand of the county's escrow agent: Norris Robison, et ux D101 Acres $150.00 No Tmpr. $150.00 2. Adopted Resolution 79-98 authorizing the execution of Program Supplement No. 9 to Master Agreement No. 03-5912 regarding federal projects and authorized the Chairman to sign. 3. Approved plans and specifications for Clark Road, FAU Project No. M-Y746(2); authorized the Chairman and Director of Public Works to sign the plans; adopted the wage scale; and set the bid opening for 11:00 a.m., June 21, 1979, Public Works Office. DISCUSSION: INTER-CITY BUS SYSTEM REPORT Clay Castleberry, public works director, set out the inter-city bus system. report at this time. This report gives information and suggests alternatives. Mr. Castleberry to arrange a meeting. with the operator in Sutter County and BCAG to discuss his operation. PUBLIC HEARING DATE SET A public hearing date of .Tune 12, 1979 at 10:00 a.m. was set for consideration of closing E1 Yaso Way between East and Lassen Avenue, Chico. LETTER OF APPRECIATION TO BE SENT TO GERALD R. EVERHARD . On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, a letter of. appreciation is to be sent to Gerald R. Everhard for his services as Planning Commissioner for District 5. Page 373. May 29,.1979 79'- 910 3 911 912 913 May 29, 7.979 APPROVE AGREEPiENT BETWEEN BOARD OF. EDUCATION AND COUNTY OF BUTTE Tp ESTABLISH B®SITION OF ADMINISTRATIVE ADVISOR On motion of Sue p~rvisor Wheeler, seconded by Supervisor Winston and carried, the agreement between the Board of .Education and the County of Butte to establish the position of Administrative Advisor in accordance with Education Code Section 1298 was approved and the Chairman authorized to sign.- REPORT TO THE BOARD CONCERNING STREET LIGHTS IN TOM ROGERS SUBDIVISION CONTINUED TO 3UNE 5, 1979 The report to the Board concerning street lights in the Tom Rogers Subdivision was continued to June 5, 1979. APPOINTMENT TO THE CITIZENS ADVISORY COMMITTEE ON DRUG ABUSE/ALCOHOL ADVISORY BOARD - CONTINUED TO JUNE 5, 1979 The appointment to the Cktizens Advisory Committee on Drug Abuse/ Alcohol Advisory Board. was continued to June 5, 1979. MOTION RE: RESOLUTION IN..SUPPORT OF SB 958 TO PROVIDE LONG RANGE STATE FUNDING FOR PUBLIC LIBRARIES WITHDRAWN - NO ACTION TAKEN Discussion of SB 958 to provide long range state funding for public libraries held at this time.' C1if Mickelson, administrative officer, stated that the public libraries support this bill and would like for-the Legislature to adopt it as law. The funding for the libraries would be 707 by the state and 309 by the county. Throughout the state the libraries were the hardest hit by Proposition 13. Supervisor Winston felt that the Iihraries would have to suffer Tike the other county functions. It was moved by Supervisor Winston, seconded by Supervisor Wheeler that the Board not support SB 958. ' Motion withdrawn. No action taken. 914 915 INT MEETING WITH CHICO CITY COUNCIL - CHICO AREA WASTE WATER (SEWER) BE SET FOR MAY 31, 1979 FROM 4-6 P.M. The joint meeting with the Chico'City Council, Chico Area Waste ter-(sewers was set for May 31,-1979 from 4-6 p.m. . Love, et al, Palermo. A petition containing 62 signatures has been received appealing the Planning Commission's negative declaration and use permit for Lena Mae Pate and R. Eddignton to allow a bregding kennel on property zoned "A-2" (general) located on the southwest corner of Messina Avenue and Hewitt Avenue, identified as AP 26-08-2, ,Palermo. Set for hearing June 12, 1979 at 10:15 a.m. on Surveying, Chico. The surveyor, on behalf of Ira Compton, appeals the Advisory Agency's condition X15 related to providing a permanent drainage solution on a tentative parcel map, two lots,, AP 39-09-31, northeast corner of Dayton Road and Barrington Road, Chico. Set for hearing. June 12, 1979 'at 10:30 a.m. Page 374. May 29, 1979 May 29, 1979 79- Jef Day, Chico. Mr. Day writes. appealings.tl~e:Aduisory Agency's conditions ~ 10 and 15 on a tentative parcel map; two Tots, AP 42-03-45, east side of Alamo Avenue, between Henshaw and Bay Avenues, Chico. Set for hearing June 19, 1979~at 10:00 a.m. Brian and Judith Esler, Chico. Mr. and Mrs. Esler appeal the Advisory Agency's conditions 10 and 16 on a tentative parcel map, two lots, AP 42-U3-46, east side of Alamo Avenue, between Henshaw and Bay Avenues, Chico. Set for hearing ,7une 19, 1979 at 10:15 a.m. Wynoka Homes, Inc., Oroville. The firm writes requesting that the Board consider applying the."new ruling" which would require the installation of conduits but postpone actual street lighting installation, etc. for the Vista Del Cerro ff2 Subdivision. See motion following communications. Douglas Bird, et al, Paradise. A petition containing 78 signatures has been received requesting that. an environmental imgact report be prepared for the proposed Gary Guardino use permit to allow a 75 unit mobile home park on l0 acres, AP 50-051-01 and 02, north- west of the Clark-Road and Franke Lane intersection, Paradise. Referred to Environmental Review. S. E. Battley, et al, Forbestown. A petition containing 25 signatures has been received requesting that an evaluation be made of Forbestown Road, between the Last Outpost and Yuba 'County line so that road improvemenCs can be made.- Referred to Public Works for report and possible maintenance work. - Donald B. and Marguerite Thompson, Forbestown. Mr. and Mrs. Thompson write supporting an evaluation of Forbestown Road. Referred to Public Works-:for report and possible maintenance work. 916 CONDITION RELATIVE TO STREET LIGHTS FOR VISTA DEL CERRO X62 SUBDIVISION TO BE CHANGED TO CONFORM WITH POLICX FORMULATED BY BOARD RE: INSTALLATION OF BOXES ONLY On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, the condition relative to street lights for Vista DeT Cerro ~~2 Subdivision is to be changed to conform with. policy .formulated by the Board regarding installation of boxes only. RECESS: 12:17 p.m. RECONVENE: 2:06 p.m. 917 CONTINUED PUBLIC HEARINGS BUTTE. COUNTY PLANNING COMMISSION - DRAFT ETR AND GENERAL PLAN LAND USE ELEMENT - CONTINUED TO JUNE 5, 1979 AT 2:00 E~.T4. The public hearing on the Butte Countq~Planning Commission draft environmental impact report and General Plan Land Use Element was held as continued. Hearing open to the public. Appearing: 1. .Nicholas Garcia. Mr. Gareia stated that his property on Grubbs Road was divided between orchard and row crop and the balance in rural residential. Most of the property was in rural residential. He felt that before any plan is adopted Chat someone should put up a definitive map. He felt that his property should be placed - in one category. The Butte County Farm Bureau has said that his property is grazing land. He did not believe that it was economically feasible to have the property in grazing land. He felt that the best use•for his property was rural residential.,.,0ut of 1712 acres all but 330 acres would Page 375. May 29, 1979 79 9181 May 29, 1979 fall into rural residential under the proposed plan. He did riot want to have problems with General Plan changes iri the future. 2. Bernice Stanhope. Mrs. Stanhope spoke regarding the requirements of Goverment Code Sectign~65302 relative to the General Plan. The Land Use Klement must contain information regarding solid and liquid waste disposal sites and areas covered by the plan subject to flooding. She has also submitted~informatiori to the Board members and would like to discuss it with one or more of the supervisors. Chairman Lemke stated that he would like to see this matter referred back to the Elanning Commission with specific recommendations and probably more public hearings on the part of the Commission for those recommendations and then come back to the hoard and having the Board hold additional public hearings prior to taking action on the proposed element changes. Hearing closed t'o the public and confined to the Board. SUPERVISOR DOLAN PRESENT AT THIS TIME. ' Discussion of adopting the text and then working on the map held at this time. Supervisor Winston stated that he wanted to sit down with Planning and go over the text page by page and discuss it. In his analysis of the document he found it to be hopefully a general statement of.aims and pur~oses of the Iand use pattern in Butte County defining Land use categories. Gnc the text is completed the land use map can be prepared to fit the text. The big argument is what category does this land or that go into. The Board should consider the text and agree on basic definition. The people should be concerned at that point. Kyle Butterick, planning department, stated that when the Board adopts the text they must also adopt a map at the same time. Supervisor Winston felt that the text should be taken care of and then the map should be worked on. Supervisor Dolan stated that. the Board has to adopt'the~map with the text. She agreed that the policy must be taken care of. Chairman Lemke stated that the last time there were element changes the Board went through the changes one page at a time and decided what was acceptable. This is the only way that the draft text is going to be approved by the Board. Supervisor Winston quoted Section 5 subsection 2. In the implementation section it talks about changing the map. He could not see how the map can be prepared and approved unles there is agreement first on the definitions. The hearing was continued to .7une 5, 1979 at 2:00 p.m. for a work session on the text by Board members. COMMUNICATIONS CONTINUED Ridge Taxpayers Association. The Association writes with regard to a proposal to create a drainage district in the Paradise area without voter approval. Matter handled earlier in the meeting. Page 376. May.29, 1979 May 29, 1979 79` Supervisor Adrian C. Fondse, San Joaquin County. Supervisor Fondse 'lii forwards-information and request that the Board adopt a resolution in support of fish and game programs. See motion following communications. Chico Area Recreation and Park District. The District writes forwarding information and requests that the Board adopt a resolution supporting proposed legislation concerning the distribution of State of California funds to local units of government. See motion following communications. State Office of Emergency Services.-The Department forwards information concerning the implementation of the California Gasoline Emergency Plan. Information; no action .,taken. _ State Department of Water Resources. Pursuant to the California Water Code the Bepartment forwards its certification of the amount needed for the cost and operation of maintenance areas within Butte County. Referred to the Auditor. Assemblyman Gene Chappie. Assemblyman Chappie forwards information in response to the. Boards letter expressing concern over the Air Resources Board policy of reviewing local-pezmit decision. Held oven for Chairman Lemke to consider further. Senator Alan Cranston. .Senator Cranston forwards information with regard to erosion problems along the Sacramento River in Butte County. Discussed; no action taken. 919 ADOPT RESOLUTION 79-99 IN SUPPORT OF FISH AND GAME PROGRAMS On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, Resolution 79-99 in sugpozt of fish and game programs was adopted and the Chairman authorized to sign. 920 MOTION TO ADOPT RESOLUTION- IN SUPPORT OF PROPOSED LEGISLATION CONCERNING THE DISTRIBUTION OF STATE OF CALIFORNIA FUNDS TO LOCAL UNITS OF GOVERNMENT DIES FOR LACK OF SECOND It was moved by Supervisor Dolan that~a~resolution in support of proposed legislation concerning the distribution of state of California funds to local units of government be adopted. Motion dies for lack of second. 921 APPROVE CERTIFICATE OF APPRECIATION FOR VOLUNTEER FIREMEN AT FIRE STATION IN FOREST RANCH On motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, certificates, of appreciation for the volunteer firemen at the fire station in Forest Ranch were approved. 92 OPPOSE SB 8$8 MANDATING BINDING.ARBITR.F~xION On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, the Board opposed SB 888 mandating binding arbitration. AYES: Supervisors Moseley, Wheeler; Winston and Chairman Lemke. ABSTAINING: Supervisor Dolan 92 ADDITIONAL F~fATTERS PRESENTED BY BOARD PB;MBERS ' Supervisor Winston commented on the memo from Personnel Director- . relating to rehabilitation under workman's compensation and wondered if the Risk Management Coordinator was aware of the situation. Supervisor Moseley eked that Mr. Melton be present at the Board meeting to receive his resolution. .- Page 377. May 29, 1979 _ _ _ _ May 29, 1979 Chairman Lemke stated that the Board had received a memo regarding the OEDP Committee. 924 ADOPT RESOLUTION 79-I00 REFERRING STUDY ON REORGANIZATION OF COMMUNITY OF PARADISE AND DRAFT EIR TO LAFCo On motion of Supervisor Lemke, seconded by Supervisor Wheeler and unanimously carried, Resolution 79-100 referring the study on the reorganization of the community of Paradise and the draft SIR to LAFCo as proponents was adopted and the Chairman authorized to sign. 925 JOIN CSAC IN OPPOSITION TO THE PROPOSED "K" CHANGES TN HOUSING REGULATIONS WITH CARBON COPY TO GO TO COORDINATING COUNCIL AND BUILDING STANDARDS COMMITTEE On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, the Board joined CSAC in opposition to the proposed Class "K" housing regulation :changes with a carbon copy to go to. .the Coordinating Council-and the .Building Standards Committee. AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke. ABSTAINING: Supervisor Dolan. 926 ADDITIONAL MATTERS PRESENTED BY BOARD MEidBERS ' Chairman Lemke appointed a committee of the Auditor, Administrative Officer, Public Works Director, Counsel, and Supervisors Dolan and Winston to study the Public Works budget for 1979-80. Chairman Lemke stated that the Board had received a memo from San Luis Obisgo County opposing SB 516 allowing rural school district to submit claims under. the Public Transportation Act. RECESS: The Board recessed at 3:14 p.m. to reconvene on Thursday, May 31, 1979 at 4:00 p.m. in the Chico City Council Chambers. RECONVENE: The Board reconvened at 4:00 p.m. in the Chico City Council Chambers. Present: Supervisors Dolan, Moseley, Wheeler, and Chairman Lemke. Clif Mickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board. Absent: Supervisor Winston. 927 JOINT MEETING WITH CITY COUNCIL RE: GRASSHOPPER PROBLEM IN CHICO: ADOPT PROCLAMATION. DECLARING BUTTE COUNTY DISASTER AREA: AUTHORIZE TRANSFER OF UP TO $5,000 FROM THE RESERVE AS NEEDED BY AGRICULTURAL COMMISSIONER TO CONTRACT OUT TAKING CARE. OF CONTROL OF GRASSHOPPER INFESTATION The joint meeting between .the Board of Supervisors and the Chico City Council was held at this time. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, a proclamation of existence of a local emergency due to the severe infestation of grasshopees in the county was adopted and the Chairman authorized to sign. Joe Bandy, agricultural commissioner, stated that there are spray formulas as well as pellets that could be used. The pesticides will have to he sprayed with a Best control operator. He was not talking about the individual. hot spots. There is a grasshopper problem in the nozth and there might be a need to treat up to 40,000,or 50,000 acres. He has not received any complaints. The Board has received complaints. He requested that the Board adpise him of the complaints tYiey, have received. He has riot received-complaints from commercial people on losses. This makes it difficult to.assess.the economic problems. He would like to Page 378. May 29, 1979 79 3 May 29, 1979 - - - - ... - .~ - - - ~ - C - - .~ C - - ~ - - - - - ~ ~.- - - C - - Q C - identify the hot spots and treat them as opposed to a county-wide effort. Dan Blackstock, county counsel, stated that the Board could authorize a transfer up to whatever amount they wanted to spend and authorize the agricultural commissioner to enter into a contract and have a limit of the amount for the contract with the transfer to come from the reserve. Mr. Bandy stated there are federal programs available where the property owner, the county and the federal government each put up 1/3 of the cost. He would prefer the influx in the prime agricultural land to minimize the use of pesticides in the home settings. They have not had time to get the numerous property owners to agree to let them enter on their property. Mr. Bandy set out what could happen if this infestation went county-wide. As long as there are urban-rural conflicts there will still be losses sustained in the residential and urban settings. Don Daughtery, USDA, stated there are grasshoppers present in the range land every year. Some-years are heavy and some are light. The fall survey indicated that this was quite a hot spot. Mr. Bandy set out the way the grasshopper hatches during a normal year. There are normally three or four hatch outs. This year this did not happen. Mr. Bandy set out the six different stages of development for the grasshopper at this time. Mr. Bandy stated that the major concern in the Chico area is the misuse of pesticides. Most of the people have not read the label entirely. Mr. Bandy stated that he has had citizen complaints regarding this matter. The only authority that h'e has is with label compliance. The Agricultural Commissioner does not.do pest control. There cannot be a solid band of pesticide around the:-city. He still must comply with the state pesticide controls. It was moved by Supervisor Dolan that the county not initiate an-eradication program but deal with the hot spots and authorize the Agricultural Commissioner to deal with the problem and transfer $2,000 for use of materials, aircraft for a cost of approximately $11 per acre. Supervisor Dolan restated her motion at this time. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the Board adopted a policy to deal with the hot spots and not consider an eradication effort and the_Agricultural Commissioner was authorized to do what is necessary to prevent the grasshoppers from going into residential and agricultural land and to issue a release of phone numbers and hours to answer questions about pesticide use and to transfer up to $5,000 from the reserve if needed by. the Agricultural Commissioner to contract at his discretion. Tom Struthers, civil disaster officer, stated that the only assistance that is available through the declaration of a local emergency is a request for the Small Business Administration and Farmers Home Administration to come in and survey with the idea of declaring a disaster area. There would be assistancc~to commercial operators and people who have to obtain a small business loan and allows farmers to obtain long term low interest rate loans to allow them to make payments. There would be no direct assistance to county government nor any assistance to the residential areas. He has received no indication of the losses sustained. Page 379. May 29, 1979 928:' May 29, 1979 - - - _ - - - - = _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ ~ ~ G ~ _ ~ ~ _ JOINT MEETING WITH CITY COUNCIL RE: CHICO AREA WASTE WATER (SEFTER) The joint meeting with the City Council regarding Chico Area waste water (sewer) was held at this time. Fred Davis, city manager, set out what has happened to this, point. There have been several joint meetings regarding this matter. He would like to see a decision made by the Council and the Board. The engineering work has been completed audit will take about 30 days before the report is ready. There are some problems outside the city as well as within the ci-ty limits. Mr. Davis set out the costs for the _ different areas at this time. There are no federal or state funds available for sewer systems at the present time. They can still get funds for the sewer plant. Because of priorities they have little or no chance on securing federal or state funds. The city can sell revenue bonds.' The county must go to an assessment district. The city could also raise the connection fee so that the present users would not have to pay for the extension of the system. The city needs to know if the county is going to find some method of financing their share from the outside area to do some long term planning for providing services,. Pir. Davis set out the term and percent for the revenue bonds at this time. P4r. Davis set out the costs for hooking up to the-- sewer system. This would not include the cost to put the line in to the home or dwelling. This connection fee would be to help pay for the expenditures made and the revenue bonds. There is a need for a committment from the county. The updating of the system would have to start and the plant and work outward. Councilwoman Worley stated that the Board and City both agreed on option ~Pl and agreed they did not want option 4~3. Option #2 now includes part of option ~P3. This would have to be include due to gravity flow so that the cost would be less to the service area already developed. Just because part of option ~i3 was included she did not want to see that area developed as well as the south area. Clif Mickelson, administrative officer, state there would be no way to form an.assessment district when people are on septic. The people in the south are ready to pay for the sewer. There are questions as to whether the area should develop. Mr. Davis stated that the city is prepared to go to a financial consultant to take a look at the possibility of revenue bonds. They will have to develop in such away to indicate to the Board and the Council what ' the financial impact is to just service the core area and to the other areas separately. When this is received the council will have to make a decision. The Board will have to make a decision as to whether they can fund the areas to be sewered. It would probably be a matter of trying to form an assessment district and determine if ,there is interest. Discussion of alternative~to a sew system and septic system held at this time. /f ADJOURNMENT _ ~ ~~' There being nothing fu Cher before t Boar at is the meeting was adjourned at 6:05. p. to reconve n s a , un ~~~ y 1979 at 9:00 a.m. ~ ATTEST :. CLARK A. NELSON, COUNTY CLERK- RECORDER and ex-officio Clerk f of the Board of Supervisors _ ~ B ~ , Chai n oard of Supe r: Y - Page 380. May 29, 1979