Loading...
HomeMy WebLinkAboutM06057979- ~° June 5, 1979 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Do1a n, Moseley, Wheeler and Vice Chairman Winston. Clif Nickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board. ABSENT: Chairman Lemke. Pledge of Allegiance to the F3~ag of the United States of America. Invocation by Supervisor Moseley 929 CONTINUED PUBLIC HEARING: CONSIDERATION OF ELIMINATING THE REGULATION OF CABLE TELEVISION RATES IN THE UNINCORPORATED AREA OF BUTTE COUNTY The public hearing. on consideration of eliminating the regulation of cable television rates in the unincorporated area of Butte County was held as continuedo Hearing open to the public. Appearing: 1. Robert Sampson, Chico. Mr. Sampson presented a rebuttal to the statement by the proponents that cable television is not a monopoly. The reason he is urging that the Board continue regulating the rates is that cable television is a monopoly and there is no competition. He read the ~kefnition of monopoly at this time. Mr. Sampson set out examples of competition within the food industry in Chico, Cable television provides many more hours for the price-than movies do. The three local stations cannot cover the same programs as the cable television company. Mr. Sampson commented on the article in Times magazine regarding cable television. Mr. Sampson presented a writeup for the Board members at this time. There is a 'bill in the Legislature that would remove the authority of cities and counties to regulate the rates of cable television. Cable television operators would be free to increase their rates. He urged the Board to adopt a resolution opposing deregulation of television ates. The hearing was recessed at this time to be continued later in the meeting. 930 PPROVAL OF MINUTES On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, the minutes of May 29, 1979 were approved as mailed. 931 ONTINUED PUBLIC HEARING: CONSIDERATION OF ELIMINATING THE REGULATION OF ABLE TELEVISION RATES IN THE UNINCORPORATED AREA OF BUTTE COUNTY The public hearing on consideration of eliminating the regula tions f cable television rates in the unincorporated area of Butte County was Zd as advertised. 2. John Martin, State Cable TV. Mr. Martin .stated that some the article in the Time Magazine s~correct and-some of it is vague. . Martin set out the costs for an earth station at this time. There is considerable investment in providing the capacity to carry different anneis. The information that was provided to the Board addresses that pect of the services.- He hoped that they could provide eight to twelve annels of service for something between $4 and $6 per month. There is need fora regular environment in order to get financing for the investment at is needed to improve the channels that are available. When they have ly had two increases in rates since 1964, the financing companies are luctant to give much financings Page 381. June 5, 1979 79- 3'. i 932 933 June 5, 1979 _ _ The hearing was recessed at this time to be continued later in the meeting. APPROPRIATE ANOTHER :$10,000 FROM THE RESERVE TO THE AGRICULTURAL COMMISSIONER TO BE USED AT THE DISCRETION OF THE AGRICULTURAL COMMISSIONER TO COMBAT THE GRASSHOPPER PROBLEM IN BUTTE COUNTY Joe Bandy, agricultural commissioner, reported on the progress that has been made regarding the in~iestation of the grasshopgers'in;:Ba~tte County. He has expended more than $5,000, It looks like if they are going to maintain the activity for the next two weeks and require staff time there will be a need for an additional $10,000. This would include putting some mechanical operators in the Chico area towards Butte College and anticipating following up on the hot spots in the Honcut area. They have had a great deal of cooperation from the U.S. Department of Agriculture. His staff in 8roville has put in 240 hours of overtime. Some private owners hired aerial applications and the county used the same .operator for applications elsewhere, This was done in the north Chico area. They have treated three major infestations. He did not know what the city had spent. The county is treating a larger area. His office has received several hundred calls per day. 'The clerical staff i~ making the calls the following morning when someone calls in after 5:00 p.m. There axe many concerns. The material used in grasshoppers is different from the material used in mosquito abatement. Mro Bandy set out how the bait was being sold to the public. Staff is informing them of the proper use and handling of the bait, Mr. Bandy stated that the additional expenditure would be for the purchase of more bait and man hours. There have been problems in other counties in the last ten or twelve years but they did not have the. rural urban conflict. Mr. Bandy stated that he had .talked with Dr. Hazeltine, Butte County Mosquito Abatement District. Dr. Hazeltine has informed him that part of the problem of using the District was the liability insurance. The Administrative Office was asked to make an inquiry of the Mosquito Abatement District for help. Discussion of the problem in the Las Plumas area held at this time. Mr. Bandy stated that part of the problem with. one property owner is what constitutes a fire hazardo He did not know that burning would be the answer in this area. The pesticide is more effective. They have been trying to develop a program for that area for the last couple of days. On motion of Supervisor Wheeler, seconded by Supervisor Dolan end carried, another $10,000 was appropriated from the reserve to the 4gricultural Commissioner to be used at the Agricultural Commissioner's 3iscretion to combat the grasshlopper problems in Butte.County. ADOPT RESOLUTION 79-101: CONTINUED PUBLIC HEARING: CONSIDERATION OF 1LIMINATING THE REGULATION OF CABLE TELEVISION RATES IN THE UNINCORPORATED 9REA OF BUTTE COUNTY The public hearing on the consideration of eliminating the regulation of cable televison rates in the unincorporated area of Butte :ountgy was held as continued. 3, Robert Sampson, Chico. Mr. Sampson did not object to ~n increase in rates as long as the increase was appropriate between the iew and old subscribers. 4. Michael Perelman, Chico. Mr. Perelman recommended that if :he Board did deregulate the rates that they .include a sunset clause to Page 382. June 5, 1979. June 5, 1979 allow for Board control if the deregulation does not work out. He felt that it costs very little extra to service an additional subscriber. Most of the costs are fixed costs and do not increase when there is one more customer, Mr. Martin stated that the only information he has regarding deregulation is the information that has been furnished to the Board. Hearing closed to the public and confined to the Board. 934 Supervisor Dolan did not feel that the information that has been presented has proved that it would be in the public's best interest to deregulate the rates. There has been no study done on the deregulation of rates. There are 250 cities that have deregulation and there are over 2,000 cities within California alone. There was deregulation of rates somewhat in Red Bluff. They put a two-year time limits: on this. On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, Resolution 79-101 eliminating the regulation of cable television rates in the unincorporated area of Butte County was adopted and the Chairman authorized to sign. AYES: Supervisors Moseley, Wheeler and View-Chairman Winston. NOES: Supervisor Dolan. ABSENT: Supervisor Lemke. RECESS: 10:02 a.m. RECONVENE: 10:15 a.m. PUBLIC HEARING: REVENUE SHARING PROPOSED USE HE7~1tING - INPUT ON PROPOSED CTSES OF REVENUE SHARING FUND EXPENDITURES FOR NEXT FISCAL YEAR - CONTINUED t0 J(JNE 19. 1979 AT 11:00 A.M. The public hearing on revenue sharing proposed use hearing for input on proposed uses of revenue sharing fund expenditures for next fiscal year was held as advertised. C1if Nickelson, administrative officer, stated that the hearing of for input before budget utilization of revenue sharing funds. The decision on revenue sharing will be at budget time. Hearing open to the public. Appearing: 935 936 1. Vern Elart, Paradise Ridge Runners Club. Nr. E1art asked that the Board consider funding two evaporator coolers for the Paradise ~Temorial Hall. The cost to have the 4500 CFM units installed and equipp e d would be $1,400. The hearing was recessed at this time to be continued later in the meetingo APPROVE SUM[~R YOUTH RECREATION PROGRAM GRANT SUBMISSION APPLICATION On motiotcx of Supervisor Moseley, seconded by Supervisor Wheeler and carried, the Summer Youth Recreation Program grant application for submission to the Community Services Administration in the amount of $10,000 federal funding to operate a Summer Youth Recreation Program in Chico, Oroville, Paradise and Gridley for the period June 15 through September 30, 1979 was approved and the Chairman authorized to sign the application and delegate agency agreements. AYES: Supervisors Dolan, !ioseley and Wheeler. NOES: Vice-Chairman Winston, ABSENT: Chairman Lemke. )ONTINUED PUBLIC HEARING: REVENUE SHARING PROPOSED USE HEARING - INPUT )N PROPOSED USES OF REVENUE SHARING FUND EXPENDITURES FOR NERT FISCAL YEAR The public hearing on revenue sharing proposed use hearing for input on proposed uses of revenue sharing fund expenditures for next fiscal year was held as continued. Page 383. June 5, 1979 3nme 5, 1979 79'- Appearing: $i 2. Arta. Sander, assistant volunteer chief, Stirling City. Ms. Sander stated that the Stirling City Volunteer Fire Department would like to build a new fire house for the two units. They are requesting $13,500 as the property has been donated. The labor will be provided. The request is for materials. 3. Margaret Caldwell, Paradise Council on Aging and Meals-on- Wheels. Ms. Caldwell stated that they serve about 35 to 40 people in the community and about b00 meals per month. They have received $6,000 from United Way. They would need about that much more to run their operation. She submitted a copy of their budget for the Soard's review. 4. Karen Omby, STRIVE of Paradise. Ms. Omby requested that the Board allocate revenue sharing funds for a new director for STRIVE. STRIVE is mainly a recreational type of activity for people in wheelchairs, the handicapped and the elderly. They meet one day a week. The program has run for 2-1/2 years on nothing but donations and very few other outside donations from groups. There is no paid staff at the present time. 5. Andy Taylor, STRIVE. Mr. Taylor requested that the Board allocate $6,830 for the new director. In 1978 there were 881 hours of volunteer work. There is a need for a paid coordinatoro They have previously received their income from fund raising programs. Their total income for 1978 was $540. 6. Jim O'Day, volunteer coordinator for STRIVE. Mr. O'Day felt that STRIVE needed a paid coordinator for this program. " 7. Diane Lorenze, Paradise Pathways. Ms. Lorenze requested $25,000 in revenue sharing funds to continue the Pathways project in Paradise. This project has been going on for two years. She set out what has been done to date. This request is for a pathway on Pearson Road in front of Paradise Elementary School. Public Works have come up with the plans for the project. $. John Rutherford, Wynadotte. Mr. Rutherford stated that the Wyandotte area has been trying to get fire protection. They would like a mobile home for the drive and a Butler building for a truck, They are seven miles from the neap fire station. There are seven roads that this engine could take off from within one-fourth mile. 9. Bob Paulus, fire warden. Mr. Paulus stated that he was supporting both Stirling City and the proposed Wyandotte fire departments. Mr. Paulus stated that the funding for the construction of a trailer type of arangement would cost around $36,000 in capital out7.ay and volunteer work. The item of the engine would be about $90,000< He will be approaching the Board asking for water tankers that he needs at budget time. This would free an engine that could be sent to Wyandotte. Under a contractual arrangement it would take about $76,000 to $77,000 per year to man a station, He has meet in the community and they are willing to form a volunteer fire company. There is a need for the station in Wyandotte as backup for Ke11y Ridge and Bangor. The fire loss rate in that area has been expeptionally high. Mr. Paulus stated that Stirling City has two garages at the present time. The two garages are probably a bigger fire hazard than the city. Stirling City has made a good effort. He was very supportative of their request, Page 384. June 5,-1979 79- ~3' June 5, 1979 10. Todd Radke, Chico Visor and Convention Bureau. Mr. Radke stated that there is arecommendation of the possibility of using $45,000 in revenue sharing. for tourism and conventions. He disag-reed on the source of funding. He did not think that revenue sharing was the appropriate funding, He will be approaching the Board along with the Chambers of Commerce requesting funding during budget time with a program to fund a separate nonprofit corporation for tourism and convention business. 11. 3ames McNaughton, EOC director of special programs.. Mr. McNaughton stated that he was speaking for the Butte County Council of Senior Citizens and the Senior Citzens of Oroville. The Board allocated $14,834 for the Meals-on-Wheels program in Oroville. There were a number of problems and the contract was never signed between EOC and Superior California. The Superior California directors are asking that the $14,834 be reallocated for the establishment of a multi-purpose senior citzens center. He submitted a letter from Superior California Senior Services, Inc. .at this time. One of the problems with Meals-on-Wheels is that there isn't an efficient food preparation site and there is not one planned. He asked that the Board reallocate $14,834 for use of rehabilitation of property from the City of Oroville who has given them a lease for the building. The preliminary estimate of rernva~tion is from $25,000 to $30,000 with volunteer 'labor. He will be going back to the city to see if they have any funds available. Mr. McNaughton stated that they will be going back to Superior California to see what they can provide. He will be coming back with a request for Meals-on-Wheels. 12. Nora Wiley, Gridley Library Advisory Committee. Mrs. Wiley dated that Gridley does need a new library. She was pleased with the p rogress. 13. Sandy Boyd, Friends of the Library of Chico. Mso Boyd stated that the Board made an allocation to building of the library and asked that the Board consider the importance of the library and commit the amount of money needed. She presented a letter to the Board at this time. 14. Hal Bishop, Butte County Council of Senior Citizens. Mr. Bishop asked that the Board allocate revenue sharing funds for a multi- purppse center for Chico. His request was for $58,000 to rennovate 2100 Oak Park in Chico. When the rennovation is completed they will expect to generate $1,600 to $1,800 per month in rent. EOC will be asked to administer the grant. He submitted a paper regarding his request. 15. Gertrude Bartley, Oroville, Ms. Bartley stated that Butte County has a good library system. The library needs help. 16. Ann Becker, Catalyst Women`s Advocate. Ms. Becker stated that they are trying to establish a shelter for battered women. She will be sending the Board information regarding the history of the corporation and the need for the shelter. They have been allowed two CETA workers. She requested $1,000 in revenue sharing funds. RECESS: 11:05 a.m. RECONVENE: 11:07 a.m. 17. Irene Taylor, Bangor. Mrs. Taylor stated that she would like to keep the Bangor Fire Station. She requested an outbuilding for the station. She did not know the amount of money needed. She will contact Supervisor Moseley and advise her of the amount needed. Page 383`. June 5, 1979 79- a. _ June 5 1979 _ _ 18. Mateos Munos, Chico. Mr. Munos asked for clarification from the Board. He works for several different agencies and would like to submit a request in writing as he did not have the amounts to be requested at this time. In .the past, revenue sharing funds have been abnied to legislative community groups. The, Butte Environmental Council was denied because of political lobbying.. Vice-Chairman Winston hoped that everyone on the Board is objective and listens. He felt that Munos could expect this. Mr. Munos stated that as a member of the minority community and in his involvement with low income people he recommended-that the 12 to 20% unemployadnandi low income should havecthessame percentage of revenue sharing set aside for those groups. Si~perusor~Mos'~}ay, statedz~,that~bnrbehalf of Biggs Memorial Hall she was applying for revenue-sharing funds in the amount of $5,000. Supervisor Moseley, on behalf of the City of Gridley, is asking for money for a drainage study in the amount of $15,000, Supervisor Wheeler stated that the people in Cohasset need to have a well drilled for the community center and fire station. She did not have the figures at this time. Vice-Chairman Winston stated that they have received two letters: 1} Easter Seal Society supportative of STRIVE. 2) Harold D. Omen, Stirling City fire chief. Vice-Chairman Winston stated that the Oroville Community Center is requesting revenue sharing funds. There is no dollar amount given. The hearing was dontinued to June 19, 1979 at 11:00 a.m. PUBLIC HEARING: BUTTE COUNTY PLANNING COM[~ffSSION ~ PROPOSED NEGATIVE DECLARATION AND AMENDMENT TO PARAGRAPH (A) OF SECTION 24-125 OF THE BUTTE COUNTY COD& TO ALLOW ONE SINGLE FAMILY DWELLING PER PARCEL IN THE "N-C" (NEIGHBORHOOD COM[~RCIAL) ZONE - REFERRED BACK TO PLANNING COMNIISSION FOR REPORT BACK TO THE BAARD. The public hearing on the Butte County Planning Commission proposed negative declaration and .amendment to paragraph (a) of Section 24~-125 of the Butte County Code to allow one single family dwelling per parcel on the "N-C" (neighborhood commercial) zone was held as advertised. 937 Earl Nelson, environmental review director, set out the background of the negative declaration. There is a question about mobile homes that should be addressed to the Planning Director. He recommended a negative declaration. Bettye Blair, planning director, set out the background of the proposed amendment. This was the result of a recommendation of interested persons and the Board of Supervisors to allow residences in commercial areas. The Planning Commission did not consider mobile homes. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. Page 3$6, June 5,1979 79- ~i 938 June 5, 1979 _ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -,~ ~ G = On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried, on the basis of this initial evaluation and finding the proposed project could not have a significant effect on the environment, a negative declaration was recommended. On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried, the Butte County Planning Commission amendment to paragraph (a) of Section 24-125 of the Butte County Code to allow one single family dwelling per parcel in the "N-C" (neighborhood commercial) zone was referred back to the Planning Commission for consideration of allowing mobile homes in this zone and for a report back to the Board. PUBLIC HEARING: WALDO STAFFORD - APPEAL OF DENIED USE PERMIT TO ALLOW A SECOND RESIDENCE ON PROPERTY ZONED "A-2 LTD." (LTMTTED GENERAL) LOCATED ON THE WEST SIDE OF KIBLER ROAD, APPRO%. 200 FT. NORTH OF THE INTERSECTION The public hearing on the Waldo Stafford appeal of denied use permit to allow a second residence on property zoned "A-2 Ltd" (limited general) located on the west side of Kibler Road, approximately 200 feet north of the intersection of Nunneley Road and Kibler Road, identified as AP 53-23-51, Paradise (categorically exempt from environmental review) was held as advertised. Bettye Blair, planning director, set out the background of the appeal on the use permit. This was denied by the Planning Commission. The applicant had requested a second dwelling unit to be allowed on his property. Hearing ogen to the public. Appearing: 1. Waldo Stafford. Mr. Stafford stated that this mobile home is on the property and under county permits. Tt was allowed four years ago. He asked fora use permit to be able to rent the mobile home. There will be nothing changed from what it is now. Mrs. Blair stated that this was through the affidavit procedure under the "A-2" zoning. This affidavit was for a mobile home when it was not for sale, lease or financing. In the meantime, the Board abandoned the procedure for affidavits. Mr. Stafford will be either required to obtain a use permit or subdivide the property. 2. Bud Prather. Mr. Prather stated that he believed the Planning Commission acted properly in reviewing the matter and denying it, Two or more mobile homes on land constitutes a mobile home park and there is a need for a minimum of five acres. The mobile home has been rented for four years. He felt that Mr. Stafford should be required to subdivide his property if he wants a second mobile home. Mr. Stafford stated that it would cost a large sum of money to divide the property due to the need for a 50 or 60 foot easement, There is a 60 foot eastment just north of his property. He did not have the 60 foot that he could give for this. Mr. Prather stated that at the time the 60 foot easement was being done on his property Mr. Stafford chose not to participate. Mro Stafford stated that he did not have the property at the time the 60 foot easement was granted. The hearing was continued to June 12, 1979 at 11:15 a.m. Page 3870 June 5,1979 79';- 939 3! 940 941 June S, 1979 c c c c v c c c e e o c e e e o- T o .- ~-_ ~ ~- c c a c a APPEARANCE: .TIM GLANDER: WAIVE FEES FOR CERTIFICATE OF COMPLIANCE Mr. Glander stated that he was representing the Chico Eastside Little League. They have a lease agreement with the present property owner with an option to buy a piece of property for the Little League. Before the title can be cleared there is a need for a certificate of compliance on the property. He requested that the Board waive the $100 fee. On motion of Supervisor Wheeler, seconded by Supervisor Moseley. and carried, the $100 fee for the certificate of compliance for the Chico Eastside Little League was waived, APPEARANCE: WADE MC CARTHY Mr. McCarthy gave-the Board a letter and petition regarding a problem in Kelly Ridge. He felt there was a violation of the Health and Safety Code, the Air Resources Code and Butte County Code Chapter 32A, There. is noxious odorious gas in the area. They have requested help for over two years with this problem. They have contacted the Forestry Department, Southern California Finapcial Corppration, Oro Ridge Properties and North Burbank Utility District. There is a condition hazardous to healtho The Administrative Officer was asked to refer this matter to the Butte County Environmental Health Department for a report back to the Board. Mr. McCarthy is to be contacted. APPEARANCE: BILL HOUSTON Mr. Houston spoke regarding the charges at the dump site. The charges at the garbage site are $2 for passenger cars and $3 for station wagons and trucks. He was going to carry his garbage into the dump and was advised that he would be arrested if he did .so. He felt that the restriction on the type of vehicle you are driving should be removed. EIe felt that they were paying for the disposal of garbage, Mr. Castleberry to contact the operator to discuss the mattero 942 APPEARANCE: LORNA EARTH, CHICO Mrs. Barth stated that the Board voted to help the Historical Society obtain the EEhman House. She received a call from Counsel's office stated that Counsel had found it would be illegal to give the listorical Society the house, She. offered a token payment of $1 for the Ehman House at this time, Dan Blackstock, county counsel, stated that he had come up with a proposed lease agreement for the homee Mrs. Barth is unhappy sbout this agreement. The other method that could be used would be to seek legislation that would authorize the county to offer the home to the Butte County Historical Society. Clef Mickelson, administrative officer, stated that the county could grant the home to the city and they have avenues available that ~he county does noto He was concerned about the liability if the county continued to own the property< Mrs. Barth stated that the reason she was concerned about the agreement for a lease was if they renovated ~ the home there could be a chance that they could be thrown out of the home at a later date. Vice-Chairman Winston advised Mrs. Barth that Counsel was ender instructions to seek a way that this could be handled. Page 388: June 5, 1979 79, 943 944 June 5, 1979 APPEARANCE: BOB BOSTICK Mr. Bostick spoke regarding the preservation of agricultural land. He handed information to the Board members. There are still agricultural lands on the chopping block. Agricultural land is the main resource for human survival. He suggested that a final No was needed by the Board. He felt they could set an excellent example for the entire :ountry. The Board approved the Southgate Acres Subdivision by overruling :he Advisory Agency. He could understand allowing agricultural land to be developed of the land is unproductive. Mr. Bostick set out the Butte county and Chico general plans at this time. APPEARANCE: BILL WEEKS Mr. Weeks stated that he was concerned with the problem of ;rasshoppers. Vice-Chairman Winston advised Mr. Weeks that Mr. Bandy had addressed them about the problem earlier in the meeting. He was asked chat could be ~. done in the Las Plumas area. The Board was advised that the area is being monitored and applicators have been hired. They 9iscussed burning and were instructed to think about a practice burn4 Mro Weeks stated that he had asked the owner of the property ~f 200 acres to the south of his property about burning. There is close to a 90 acre parcel to the east of himo Wynoka homes, the owner of the property, would be in favor of burning the property. He would provide ie equipment for the fire break and a water truck. The Air Pollution :ontrol Officer came out and said it was okay to burn. If the property sere burned, it would be a commercial burn. The owner of the property could not be able to burn at a later date. This would economically be infeasible. He was advised that the responsibility for the controlled Burn was the Board and asked that the Board allow the burn for health rather. than a commercial burn. Mr. Weeks was advised to contact the Agricultural Department regarding having this declared an agricu~aural burn ratherethan a commercial burn. 945 IDTRECT HEALTH DEPARTMENT TO TSSUE WELL PERMTT TO LES~~ STMONSON Mr. Simonson stated that he lived on Lone Tree Road in Oroville. ie applied for a well permit in April, 1979. He paid the $20 fee and sas' .told the permit would be mailed to him. He contacted Environmental iealth }yesterday and was advised. that the well must be 100 feet from the property line. The only requirement is that the septic system must be LOO feet from the well. He proposed well site is 130 feet from his >eptic system. ? Dan Blackstock, county counsel, stated that it was his understanding :hat the neighboring property owner has tried to put his septic r2~00 feet sway from the property line. The problem is not covered in the ordinance.. 'he~rproblem the Environmental Health Department had is that if the property .s divided a well could be too close to a septic system. Vice-Chairman Winston felt that the Environmental Health Department should issue the permits on a firstCdestalopment basis as to location of 3 well. On motion of Supervisor Moseley, seconded by Supervisor Wheeler ind carried, the Hea~lthr~Department was directed to issue a well permit to ,es Simonson in this case on the basis that the neighboring property ywner will put his septic system 200 feet away from the property line. Page ,389. June 5,1979 79- June 5, 1979 946 PRESENTATION BX DR. ROLLAND K. HAUSER, pg~~ OF PHYSICAL SCIENCES, RE: Dr. Hauser stated that the University Foundation of California University of Chico has presented the Now Casting weather proposal to Butte County for the project. This proposal has been developed at the request of various parties in northern California. •They were approached with the need, The specific proposal is for a one time grant of $20,000 to support the capitalization of this service. He has been working with interests in Butte County and the Agricultural Commissioner's Office to develop a prototype so that the weather forecasting can be current. The estimated cost for xunning the system from July 1, 1979 to the end of June, 1980 is $193,000 and a first year operating expense of $16.~g000. Dr. Hauser set out how a regional system could benefit northern Californian This 'information would be made available to the decision makers. An advisory board has been named as well as Board members in the proposal. The (proposal has been sumbitted to 18 agencies. This information would also be available to the public through the television systems. Vice-Chairman Winston stated that he had atttended two of the three meetings Dr. Hauser has held. The farm community 'is very supportative of this proposal. He felt that it meets the criteria of revenue sharing funds. Vice-Chairman Winston advised that the decision would be made with the next few weeks. APPEARANCE: MARTIN MILLER Mro Miller felt that allowing development in agricultural lands would be adding to the farmers problemsa A delineation should be made. 947 EXECUTIVE SESSION: The Board recessed at 12:35 p.m, to hold an executive session regarding litigationo RECONVENE: The Board reconvened at 12:47 g.m, following an executive session regarding litigation. Counsel was instructed to draw up certain documents regarding litigation. RECESS: 12:48 p.mo RECONVENE: 2:10 pom. COLOSED PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION - DRAFT EIR AND GENERAL PLAN LAND USE ELEMENT - CONTINUED TO JUNE. a2. 1979 EST 2:00 P.M. 948 The public hearing on the Butte County Planning Commission draft environmental impact report and General Pland Land Use Element was r:held as continued. The following changes were made in•the text at this time: INTRODUCTION Pales 1 to 5 No changes. DEVELOPMENT- SETTING Pages 6_.to 26 Rage 10, paragraph 10, line 36, Add: .Parts of Butte County are an archaeologically sensitive. area with numerous known and recorded archaeological sites of Native American importance (Maidu and Yahi tribes} and there is also assumed to be a large number of as yet undiscovered sites. Page 24. Add: Durham Mutual Water Company after Durham Trr. Dist. Page 390< June 5,1979 79 b June 5 1979 COUNTY CONCERNS AND POLICIES Pales 27 to 42 Page 30, line 22. Add: $ sign. Pose 32, line 31. Delete Potential, Pa a 33 section 7 a . Change to read: Encourage expansion, construction and efficiency of hydroelectric power plants in the county. Page 32, line 42. Change is now preparing to has prepared. Pose 33, section 7 (d). Change consider to promote. Page 34. No comment, Pose 37, section 1 (a). Add: of all types after facilities. Pose 39, section 7 (a) & 8 (a). Combine 7 (a) and 8 (a) and say fire stations and other public buildings. Counsel to rewrite. Pose 40, section 4 (a). Add after the word areas "and parks". Page 32, line 21< Delete the word require and add: proof of adequate water supply. Pose 40, line 40. Change Lane to Land. Pose 41, lines 14 & I5, Add: other than required river bank protection. RECESS: 3:30 p.m. RECONVENE: 3:40 p.m. LAMA USE CATEGORIES. Paces 43 & 44 No comments. The hearing was continued to June 12, 1979 at 2:00 p.m. 949 950 951 ~ AUTHORIZE ADVANCE STEP HIRING OF BUILDING INSPECTOR II AT "C" STEP On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, advance step hiring of building inspector II at "C" step of the range was authorized. APPROVE CONTRACT CHANGE ORDER N0. 19 & 20: ADMINISTRATION BUILDING Pi-IASE I On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried, the following contract change orders for the Administration Building Phase I were approved and the Chairman authorized to sign: CCO ~k19 -- to credit a bond rebate due to an error of $827ob9 CCO ~~20 - to provide certain finishing work, $2,812.29 APPROVE CONTRACT CHANGE ORDER N0. 2 - ADMINISTRATION BUILDING PHASE II On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried, contract change order Noo 2 to refund $113.46 overcharged due to an inaccuracy in bond costs for Administration Building Phase II was approved and the Chairman authorized to sign. Page 391. June 5,1979 79- 952 ~' 953 954 955 I June S, 1979 ADOPT RESOLUTION 79-102 MAKING APPLICATION. FOR FORMATION TO LAFCo FOR COUNTY SERVICE AREAS 63 THROUGH 66 (STREET LIGHTING DISTRICTS , On mo~don~1 of Supervisor Wheeler, seconded by Supervisor Moseley and carried, Resolution 792102 making application to LAFCo for formation of County Service Areas 63 through 66 (street lighting districts) was adopted and the Chairman authorized to sign. APPROVE BUDGET TRANSFERS - - On motion of Supervisor Wheeler, seconded by Supervisor Do an and carried, the following budget 'hransfers were approved: B-161 - District Attornev -Family Support Division. Transfers $1,295 from jury and witness expense to office expense in order to cover an unanticipated deficiency brought about by the purchase of child support transmittal documents, the cost of which was previously ibsorbed by the Data Processing Bepartment. Be162 - Elections. Transfers $650 from office expense to fixed assets - equipment in order to cover the cost of an additional microfilm storage cabinet for use at the Tahoe City atomic vault and is necessary because the current cabinets are full and there are an additional 300 boxes of microfilm yet to be stored. Approval-of this transfer will facilitate the necessary Board approval to authorize the purchase of the equipment, B-163 - Probation. Transfers $492.84 from overtime to extra help ~:n order to cover the cost of additional clerical assistance brought about by the vacancy of a steno clerk position, Utilization of extra help funds will be more cost effective than utilizing funds on an overtime basis. B-164 - Welfare Administration. Transfers $1,800 from receiving homes to rents and leases of equipment in order to cover the unanticipated increase in copying machine charges. APPROVE LETTERS TO SENATOR CRANSTON AND CONGRESSMAN JOHNSON TN OPPOSITION TO HOUSE RESOLUTION 3712 (tTLLMAN) WHICH WOULD DISALLOW SINGLE FAMILY HOUSING FINANCING WITH TAIC E~CEMPT REVENUE BONDS On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, letters to Senator Cranston and Congressman Johnson in opposition to House Resolution 3712 (Ullman) which would disallow single family housing financing with tax exempt revenue bonds pas approved and the Chairman authorized to sign. DENY REQUESTS FOR PENALTY RELIEF On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, the following requests for penalty relief were denied: to Winifred L. Cassidy, AP 46-26-75 20 James V. Johnson, AP 63-05-25 3e Carl and Adele Dandridge, AP 36-07-2-011 4. Joseghine Lawson, AP 47-38-02 AYES: Supervisors Moseley, Wheeler and Vice-Chairman Winston. NOES: Supervisor Dolan. ABSENT: Chairman Lemke. 9561 APPROVE PARADISE TAXI CONTRACT On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried, the Paradise Taxi contract with Dave Kamp to become effective June 25, 1979 upon receipt of insurance certificated was approved and the Chairman authorized to sign. Page 3920 June 5,.1979 957 958 959 June 5, 1979 _ _ _ WAIVE FEES FOR JOHN TURNER AND WILLIAM SCOTT DAVTS, JR. PARCEL MAPS - SANTOS WAY AREA On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the fees for John Turner and William Scott Davis, Jr. parcel maps, Santos Way area were waived, APPROVE EFFECTIVE DATE FOR FILING RECLAMATION PLANS BE EXTENDED TO FEBRUARY 16, 19'39:LPN ORDER TO COVER AMENDMENT On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried, the effective date for filing reclamation plans was extended to February 16, 1979 in order to cover amendment, DISCUSSION: NELSON-SHIPPEE ROAD (GAGE ROAD TO ERICKSON ROAD) BASE~I-TAULING AND CHIPSEAL BY COUNTY CREWS Discussion of the Nelson-Shippee Road (Gage Road to Erickson Road) base hauling and chipseal by county crews held at this time. Clay Castleberry, public works director, asked that this be held over or rebudgeted to go with some other pro3ects that are similar contract, ' Public Works to bring the matter back at budget time. 960 961 962! 963 AUTHORIZE PUBLIC WORKS TO ACCEPT DEPOSITS FROM DEVELOPMENTS TO IPAY FAIR SHARE OF STORM DRAINAGE SYSTEMS OR TO PROVIDE INTERIM SOLUTIONS TO CURRENT PROBLEMS PENDING DISTRICT FORMATION -.PARADISE STORM DRAINAGE - SKYWAY AREA (LUCKY JOHN TO CENTRAL_ PARR) On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, accepting of deposits from developments to pay the fair share of storm drainage systems or to provide interim solutions to current problems pending district formation with deposits to be based on estimates being derived in the current storm drainage master plan by McCain and Associates for the Paradise storm drainage, Skyway area (Lucky John to Central Park) was authorized. AUTHORIZE PUBLIC WORKS DIRECTOR TO ACCEPT DEPOSITS IN LIEU OF DRAINAGE SYSTEMS IF OFFERED FOR SUBDIVISIONS AND LAND DEVELOPMENT DRAINAGE REQUIRII~NTS Clay Castleberry, public works director, stated that in the past the Board had required a $1,800 per acre fee for parcel maps as a deposit toward future drainage districts. Counsel advised that this was not valid. The developer must put in the entire system. It is not realistico There have been several people who have offered to pay a deposito On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried the Public Works Director was authorized to accept deposits on drainage in lieu of a drainage system if offered. REPORT ON FORBESTOWN ROAD PETITION CONCERNING ROAD IMPROVEMENTS Clay Castleberry, public works director, reported on the Forbestown Road petition concerning road improvements. His department is doing repair work on the road. ADOPT RE50LUTION 79-103 SETTING A PUBLIC HEARING DATE FOR ROSEHILL ROAD ABANDONMENT On motion of Supervisor .Moseley, seconded by Supervisor Wheeler and carried, Resolution 79-103 setting a public hearing date of July 17, 1979 at 10:00 a.m. for consideration of abandoning a portion of Rosehill Road was adopted and the Chairman authorized to signo Page 393. June 5, 1979 June 5, 1979 AWARD BID - HtTN1BOLDT ROAD BRIDGE @ COLBY CREEK: APPROVE BUDGET TRANSFER FOR THIS PROJECT On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, the bid for the Humboldt Road Bridge @ Colby Creek was awarded to Jerome Bohlander of Chico in the amount of $62,522; county crews were authorized to construct and remove detour, perform minor road work, and furnish and install guardrail; and budget transfer B-167 - Public Works. Appropriates $10,000 revenue from Foodmaker, Inc. (Jack- in-the-Box) to increase the appropriation for the Skyway at Oliver traffic signal projects. Appropriates $12,000 in revenue from the Forest Service for the Humboldt Road Bridge at Colby Creeko Transfers $12,071 from the Skyway at Oliver Road traffic signal project to the Humboldt Road Bridge at Colby Creek Project. The purpose of this transfers is to increase the overall appropriation for the Humboldt Road Bridge by $24,071 to meet the low bid on the project. ADDITIONAL MATTERS PRESENTED BY PUBLIC WORKS Clay Castleberry, public works director, stated that they had received the questionga-r-res back regarding transportation. Mro Castleberry stated that the county had been offered $3 million for Table Mountain Bridge. This was if the county could go to bid in 30 days. The county is unable to go to bid in 30 days< He felt that the county would receive the funds in October of next year. 966 PUBLIC HEARING DATE SET A public hearing date of June 26, 1979 at 10:15 a.m. was set for consideration of proposed negative declaration and Northwest Ghico drainage study plan. 96 WAIVE FIRST READING OF ORDINANCE AMENDING CHAPtrER 20 OE THE BUTTE COUNTY CODE RELATIVE TO STREET LIGHT DISTRICTS On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the first reading of the ordinance amending Chapter 20, .Section 20-152 of the Butte County Code relative to street light districts was waived. AUTHORIZE REFUND OF STREET LIGHT DEPOSITS TO T@M ROGERS FOR FOOTHILL ACRES SUBDIVISION On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried, the deposit paid by .Tom Rogers for street light deposits for Foothill Acres Subdivision was authorized to be refunded. DIRECT COUNSEL TO WRITE LETTER IN OPPOSITION TO AB 510 WHICH WOULD REQUIRE SERVICES OF COUNSEL RE: DEFAULTS On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, Counsel was directed to write a letter in opposition to AB 510 which would require services of Counsel regarding defaults. APPOINTMENT TO BUTTE COUNTY PLe1NNING COMMISSION - DISTRICT 5 On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, Ron Max was appointed to the Butte County Planning Commission District 5. APPOINTMENT TO CITIZENS ADVISORY COMMITTEE ON DRUG ABUSE/ALC[3HOL ADVISORY BOARD - CONTINUED TO JUNE 12, 1979 v.'hemappointment to the Citizens. Advisory Committee on Drug Abuse/Alcohol Advisory Board was continued to June 12, 1979. Page 394. June 5; 1979 972 79= 972 d!. ___________= June S,=1979_________________ COMMUNICATIONS Bachman & Associates, Chico. The engineers, on behalf of Elizabeth V. Eisenhour, appeal the Advisory Agency's condition ~~8 relating to a permanent solution to drainage on a parcel map, four lots, AP 42-02-13, south side of Bell Road, approximately 400 feet west of Alamo Avenue, Chico. Set for hearing June 19, 1979 at 10:30 a.m. Tom Heustis, Paradise. Mr. Heustis appeals the Advisory Agency's condition ~k6 related to a permanent solution to drainage on a parcel map, two lots, AP 52-07-11, north side of Crestview Drive, 900 feet west of Crestwood Drive, Paradise. Set for hearing 3une 19, 1979 at 10:45 a.m. Brian Heinz, Paradise. Mr. Heinz writes requesting that condition ~~19 related to the requirement for street lights be reconsidered in view of the Soard's new policy for the Griggs Subdivision, 29 lots, AP 55-OS-19, west side of Neal Road, north of Chapparal T~ Drive, Paradise. See motion following communications. Mr. and Mrs. F. W. Prather, Paradise. Mr. and Mrs. Prather write in opposition to the Waldo Stafford use permit which is scheduled for public hearing on June 5. Considered earlier in the hearing. Johannes A. Hansen, Paradise, Mro Hansen writes in opposition to the Waldo Stafford use permit which is scheduled for public hearing o~n June 5. Considered earlier in the meeting. Jack Conway, Oroville. Mr. Conway submits a claim in the amount of $b0,000 for alleged injuries and damages. incurred as a result of his arrest on March 2, 1979. See motion following communications. Carl and Lois Wrights, Paradise. Mr. and Mrs. Wright write with regard to the proposed Clark Road Assessment District ~k2.in Paradise. Information; no action taken. Sturgis, Ness & Brunsell, attorneys at law. The attorneys forward information as requested by the Board concerning the levying of special assessments for local improvements. Information; n o action taken. Northern California Emergency Mer~ical Care Council, The council writes requesting a conti:ibution in the amount of $24,000. To be considered at budget time. Millington & Millington, attorneys at law. The attorneys, on behalf of drainage District ~~1, write concerning the need for bailout assistance and the effects on the district, Supervisor Moseley has responded to letter. Region C - Regional Criminal Justice Planning Board, Howard Casagrande, planning director, writes forwarding information for proposals for Crime Control Act funds. Information; no action taken. T.he Metropolitan Water District of Southern California. The district forwards information concerning SB 200, the peripheral canal legislation. To be continued to June .12, 1974, U. S. Degartment of Labor. The department forwards its second quarter FY 1979 assessment of the Butte County Comprehensive Employment and Tra.Act Program. Information; no action taken. Page 395. June 5, 1979 June 5, 1979 79- 97 AUTHORIZE PUBLIC WORKS TO HANDLE ADMINISTRATIVELY REQUESTS TO USE NEW b BOARD POLICY FOR STREET LIGHTS AND WAIVE CONDITI0~~~1~90N BRIAN HEINZE GRIGGS SUBDIVISI{3N, 29 LOTS,. AP 55-08•-19, WEST SIDE OF NEAL ROAD, NORTH OF CHAPARRAL DRIVE, PARADISE On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried, Pub7.ie Works was authorized fo handle administratively the requests to use the new Board policy regarding street lights and the condition 419 on Griggs Subdivision, 29 lots, AP 55-08-19, west side of Neal Road, north of Chapparal Drive, Paradise was waived. AYES: Supervisors Moseley, Wheeler and Vice-Chairman Winston. NOES: Supervisor Dolan. 974 REJECT CLAIM - JACK CONWAY On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried, tihe claim of Jack Conway in the amount of $50,000 for alleged injuries and damages incurred as a result of his arrest on March 2, 1979 was rejected and referred to Counsel and Risk Management Coordinator. 97 ADDITONAL MATTERS FRESENTED BY BOARD MEMBERS Vice Chairman Winston stated that he had receive a letter from George McLain regarding a meeting on June 14 and July 12, 1979 for Superior California Senior Services Project. Supervisor Wheeler stated that she had a letter from Mrs. E. V. Peck concerning the hearing regarding the closure of El Pas~way. ADJOURNMENT There being nothing further before the Board the hearing was adjourned at 4:35 p.mo to recenvene on Tuesday, June 12, 1979 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK- RECORDER and ex-officio Clerk of the Board of Superv~so~ss Chairman, Board of Supervisors. By Page 396. June 5, 1979