Loading...
HomeMy WebLinkAboutM071178• , STATE OF CALFF~3RNlA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors. Lemky, Madigan, Moseley, Richter and Chairman Winston; Clif Nickelson, Administrative Officer; Dan Blackstock, County Counsel; and Clark A. Nelson, County Clerk by Margie Catt, Asst. Clerk of the Board. Pledge of allegiance to the Flag of the United States of America. Invocation by Supervisor Moseley. '78-1239 APPROVAL OF MINUTES ', On motion of Supervisor Madigan, seconded by Supervisor Moseley and unanimously carried, the minutes of June 27, 1978 were approved as mailed. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the minutes of June 20, 1978 were corrected to delete the last phrase in B-227 transfer iw;~ich stated "and the reserve, $2,050. " and said phrase is hereby deleted. 7$-1240 COMMUNICATiO NS Geddis, Driscoll and Associates, Oroville. The Engineers, on behalf of C. L. Skiles, appeal the Advisory Agency's condition #5 an a parcel map, two lots, AP 36-401-30 and 31, south side of Claremont Drive, 750 feet west of Brookdale Qrive, Oroville, Set for hearing on July 25, 1978 at 10.00 a.m. Paradise Irrigation District. The District writes in follow-up to the McLaughlin/Green Subdivision in the Fir Haven area of Paradise Pines. information only, Butte County Parent Policy Council. Georgicanna Orr, chairperson, writes requesting that the Board reconsider its decision to establish the Human Services Advisory Commission. Information only. Mrs. Francis Farley, et al, Chico. A letter containing eight signatures has been reeeived requesting that further action by McCain and Associates with regard to the drainage district on Highway 32 be held in abeyance. Supervisor Richter stated that Mrs. Bennett had stated that there were undue delays; County Counsel to contact hei R. G, and Norma A. Hollen back, Magalia. Mr, and Mrs. Hollenbeck write requesting that an area on upper Neal Road be graveled in order to provide dust control. Referred to Director of Public Works. Glenn James Baker, Chico. Mr. Baker writes in support of the proposed power plant in the Oroville area. Information only. Bernice G. De Forest, Paradise. Mrs. De Forest writes in opposition fo the proposed .- power plant. Information only. E. C. Cunningham, Oroville. Mr. Cunningham writes in support of the Board's decision to self-insu~e~liability risks. Information only. n_~_ e-~ --.......~-~~_....~_~_ ~~I~t1ttLYLts _...___~...._~_-.~~.......____ Harriet Harper, Palermo, Mrs. Harper submits her resignation as a member of the Senior Services Advisory Board fram District 4. Referred to Administrative Officer for posting. 5tgte Employment Development Department. The Department sends notification that Joe Miguel wi I I no longer be available as the EDD representative on CETAC. Referred to Administrative Officer for posting. See motion following communications. National Association of Counties. The Association sends notification that they are considering the declaring of a moratorium on NACO dues from California through December 31, 1978. Information; no action taken, Butte County Superi~rcCourt. The judges send notification that in the spirit of Proposition 13 they are requesting permission to abolish the legal research assistant position effective July-31, 19780 See motion following communications. Marilyn Wyman Thrasher, Oroville. Mrso Thrasher writes requesting that a member of the Board of Supervisors attend the Superior California Senior Services Project Council meeting in Alturas July 19. Supervisor Richter will attempt to attend said meeting. Superior California Senior Services, Inc. The Organization writes. concerning the payment of legal fees in the successful defense of the directors ~n-the Meli vs. Cowden, et al lawsuit. Discussed; see motion following. cammrunications. County of San Diego. The County writes suggesting that all Boards of Supervisors informally agree not to exerciseheir respective rights of Gavemment Code Section .26614.5 concerning reimbursement for search and rescue operations. See motion following communications. State Department of Health Services. The Department writes conceming Senate Bill 154 and applications to essential Health Services programs. Discussed; fo be considered at a later time, State Department of Transporfafion. The D~ partment writes concerning practical revisions or adjustments to descriptions of individual highway routes. Clay Castleberry, Director of Public Works, to report later on this letter. State Department of General Services. The Department writes requesting that the Board institute Revenue and Taxation Code Section 4986 with regard to property purchased by the state for the Department of Motor Vehicles. Referred to ', County Counsel. State Department of Water Resources. The state forwards its Delta Water rate charge for 1979 based upon the county`s erititlement of 2,600 acre feet with charges amounting to $29,721. To be discussed during executive session; this lips part ', of litigation being considered. - Judge Ann Houghton, Chico Municipal Court, Judge Houghton writes stating she will donate her wage increase for 197$ if the Board will use the sums to update the law library at this court. Discussed; referred to Jim Rackerby, Personnel Director to meet with representative of Auditor's Office to determine how this should be handled.. 78-#241 LETTER 01= APPRECIATIO N TO BE SENT TO JOE MIGUEL, REPRE. CETAC On motion of Supervisor Lemke, seconded by Supervisor ll~chter and unanimously carried, Board authorized a letter of appreciation being sent to Joe Miguel for his services as. EDD representative on CETAC. Page 38. r, , r ., r i i o~s~ 78-1242 APPROVE ELIMI NATIO N OF LEGAL RESEARCH ASSISTANT POSITI i O N: ADAPT SUGGESTIONS SET OUT IN JULY 5th MEMO FROM JUDGES On motion of Supervisor Ric ter, seconded y Supervisor se ey and unanimously carried, the Board adopted the suggestions in the July 5, 197$ memo from the Superior Court Judges, concurred with elimination of the legal research assistant, and referred the matter to Jim Rackerby, Personnel Director, for paper work to handle the matter. 78-1243 DENY CLAIM OF SUPT=RIOR CALIFORNIA SENIOR SERVICES, INC. Dan B ac stoc ,County Caunse ,reported on f e request of Superior California Senior Services, Inc. for payment of legal fees in the successful defense of the directors in fhe Melt vs. Cowden, et aI lawsuit. Background of the suit set out and discussed. Mr. Blackstack said the corporations has the duty to defend its officers; grant funds could not h used for the defense, ft was his feeling that the County of Butte owes no legal fees for this matter. It was moved by Supervisor Richter, seconded by Supervisor Madigan and carried that the County of Butte recognizes its duty to defend the people appointed to These bodies, but that the Corporation should defend its directors, and therefore, that this claim by Superior California Senior Services, Inc. be denied. AYES: Supervisors Lemke, Madigan, Moseley and Richter NOES: Chairman Winston 7$-1244 COUNTY OF SAN DIEGOREQUEST DENIED On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the suggestion of County of San Diego for the Boards of supervisors to informally agree not to exercise Their respective rights of Government Code Section 26614.5 concerning reimbursement for search and rescue operations was denied. 781-245 DISCUSSION: AUDITOR'S MEMO & MOTION TO REDUCE HIS SALARY Supervisor Madigan commented on the memo from BiII Lawrence, County Auditor, addressed to Jim Johanson, assistant auditor and Auditor elect. Mr. Lawrence, by this memo, has assigned most of fhe duties of the office to Mr. Johanson. Memo discussed. If was moved by Supervisor Richter and seconded by Supervisor Madigan;.:~~<< that the salary of the County Auditor, Bill Lawrence, be reduced as of August 19th, 1978, to I% of his annual salary, and that an ordinance be prepared settong out this salary reduction. AYES: Supervisors Madigan and Richter NOES: Supervisors Lemke, Moseley and Chairman Winston. Chairman Winston stated that Mr. Lawrence was elected by the people of the County four years ago. His memos were very unfortunate. He felt they were written out of Mr. Lawrence`s frustration. To perpetrate the fued between Mr. Lawrence and Mr. Johanson would be a bad mistake. Mr. Blackstack stated the Board could not reduce the salary during the time Mr. Lawrence was serving, 78-1246 COMMENTS ON LETTER FROM STATE DEPARTMENT OF TRANSPORTATION Clay Castleberry, Director of Public. Works, commented on the letter from the State Department of Transporfafion concerning practical revisions or adjustments to descriptions of individual highway routes. This indicates that they propose simple language changes. It will not be necessary for the County to make any comments. Page 39. July Il, 1978 :JuIY f IL 1978 Mr. Castleberry reported that because of Prop. 13, fhe State might fake some of the surplus road funds. He has been invited to go to Sacramento and help device a formula to divide up the $10,aa0,a00 that is now surplus. 78-1247 DISCUSSION: COAL FIRE PLANT POSSIBLE PLACEMENT IN BUTTE CDUNTY Supervisor Moseley reported that she had received a letter from Don Bla e and hes is requesting that the matter of the placement of a coal fire plant by P.G.&E. in Butte County be glaced on the November ballot. and seconded by Supervisor Lemke It was-moved ~y Supervisor Moseley that the matter of the placement of a coal fire plant by P.G.&E. in Butte County be placed on the November ballot and let the people decide the matter. AYES: Supervisor Moseley NOES: Supervisors Lemke, Madigan Richter and Chairman Winston Motion fails. Supervisor Lemke stated that the NOI_process goes on far IS months. Then there will be the certification stage that will take another 18 months. Mrso Jolene Blaike presented a petition to the Clerk which contained about 50a signatures that oppose the placing of the co$I fire plant in Butte County. 78-1248 MATTERS PRESI=NTED BY SUPERVISOR MOSI:LEY Supervisor se ey stated t at t ere is a man in her district that needs a permit to place a mobile home on his property for his mother to live in. Mr. Van Hart will write a letter and will bring matter back to the Board. Supervisor Moseley stated ~`at inquiries had been made of her about the p~r~chase of the Barchi lot for library purposes. It was stated that library planning is being held in abeyance until the figures from the Auditors Office about funds that will be available has been received. Supervisor Moseley will call the owner and let him know the Board's felling in this matter. 78- 1249 APPOINT BETTYE BLAIR INTERIM PLANNING DIRECTOR: LETTER OF APPRECIATION TO BE SENT TO JIM LAWSON C airman . inston stated t at Jim Lawson ad left the county to take up his duties in his new position. The County now has no Planning Director and it is necessary that someone be designated as Director until the rerorganization of fhe departments has been completed. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, Bettye Blair was eclesgnatex! the Interim Planning Director, with an increase in salary from $1434 per month to $1,92x, for the interim period of time she will serve,. with the statement that the Board feels she is a great asset to the County. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, a letter was authorized to be drafted to Jim Lawson commending him on his services ta, the County as Planning Director. Page 400 July II, 1978 78-1250 MATTERS PRP SE NTED BY BOARD MEMBERS Supervisor Madigan stated that some three weeks ago he asked Nr. Nickelson to make a list of the number of county cars that are used by County employees to use to travel to and from worko He reported that Car 555 was seen driving at an excessive speed. Nr, Nickelson will make a study of the matter. Chairman Winston stated that with the Board's permission, he was going to refer to Personnel Department that al I employees be put on a #arty-hour week, with no increase in salary, Mr. Rackerby will report back nesct week on this matter. Chairman Winston felt that the employees should give all the cooperation they can during this time, This action would allow the County to keep the level of services. Mr. Rackerby will negotiate with the employees representative and will prepare a report on this request, Supervisor Madigan spoke to the matter of the Departments hiring employees tQ fill vacancies. Mr, Nickelson explained the situation,- He stated there was a new employee in the Clerk's Office. 78-1251 PUBLIC HERRING: CHERYL W. JUDL, ET AL-APPEAL EIR AND ADVISORY AGENCY'S APPROVAL OF WALNUT WOODS SUBDIVISION, 73 lots, AP 43-15-35 & 36 NORTH SIDE OF WEST SACRAMENTO AVENUE, EAST OF GLENWOOD DRIVE, CHICO The publac hearing on the Cheryl Wo Judl, et~al appeal EIR and Advisory Agency's approval of Walnut Woods Subdivision, 73 lots, AP 43-15-35 & 36, North side of West Sacramento Avenue, East of Glenwood Drive, Chico, was held as advertised. Dick Mblcar, Environmental Review Department, commented on the draft E.I.R. it is comprised of 29.6 acres in Ag production. Various impacts ` of the residential impact set outs Local reduction in air and water quality set out, The reports speaks of four alternates that could be considered o Hearing opened on the EpIoR. at this timed Appearing: Neil McCabe, attorney at law, appearing on behalf afro number of people that own property in this area, They would like to address the Board; they would like to show slide,aerial photographs to help give a description of what the area is like. These slides are from the 1976 Chico flighto They will present a i}icture print of the slides to the Board at a later date to became a part of the record.. Floyd Carpenter, stated he was born and raised in this areao He has farmed ` - there for 42 years; he has walnuts and almonds. The walnut production for the ', orchard stated i n the E, l o R. is within the average production for this County. There might be something that could be done to~improve the productiono The farmers have to prune heavily to keep production up, He `'sai`d that the average income ', for the last five years has been $14,500 a year. The crop this year looks good. The continued use for ag for this orchard 'ss good, Mr. Russ Schafer stated he is a commercial pesticide applicator. He pointed out d~he area of the subdivisdjan on the slide projection. All the spraying is done by aircraft. Fle explained his method of spraying the treeso Mro Schafer set out the effect of aerial application of pesticides and the effect of the air traffic on the subdivisiono . A soil map of the area was showno Deva Merlo stated she fives on the west side area off of Lone Pined They own 20 acres in this area. She said she was concerned :about the traffic problem Page 41, I ~ ~ L, 11 1978 in that areao Chairman Winston stated that the problem of increase in vehicular traffic is set out on Page 17 of the draft EolaRo Mxs, Merlo stated that the increase in traffic is creating a problem to many of the ranchers, Mr, Lawson Smith stated they were about to be surrounded by two subdivisions. He disagreed with the economic data in the E.I,RP He said he did not think this was verified after the passage of Propo 130 Mr. Walter Judl challenged the E.I.R. on drainage. The residents questioned Planning Commission about a drainage system. They stated that the natural flow of Chico Creek would be used. The water has to go someplace; there is no system planned. Mr. Judl -asked if there would be a district formed to pay for a system o Will there be an oversize system, Chico Creek is surrounded by Bidwell park and the drainage will have fo be pushed through to Chico Creek he stated, Chairman Winston stated that if they have a drainage system they will discharge into Big Chico Creek and it will have to go through Bidwell Park, It was asked if the drainage could be put above the 20 year flood mark, Mr. Judl raised many questions about the drainage system that would have to be put in to carry off the storm drainage. He said that he felt the Ea I. R, was incompleteo Mr, Jim McCrae o The thing he questions about the E o I. R, i t states that i t wi I 1 not affect the traffic above the subdivision, . He discussed- the matter of curbs, gutters and sidewalks, Nei I McCabe said the E, I, Ro of pages 12, 24 and 25 states that about 10°l0 of the site is shown as agriculture on the land use map in the General Plan. That is wrong, There is about one-third of the land in agricultureo He presented an exhibit to the Chairman; this exhibit shows a line to the northeast and just north of Sacramento Avenue and cuts through the project site. Neil McCabe discussed housing needs. The need for Chico housing 'is for students and people of low incomeo He does not think there is a need for high priced dwellings that range about $90,000. The cast to bring wafer to the site is not knowno Costs per unit could go upo He stated that if it turns out that Cal Water is not available, then they wi I1 have to redesign the subdivision fo allow for larger lots.- Wells could 6e put on the larger lots, Mro McCabe stated that it appears to him that a drainage permit ~=~~~th~ Reclamation Board would be necessary. He did not know if a drainage plan has been engineered. Mr, McCabe presented a letter from Mac and Dorothy Hill to the Clerk that requested that the Board consider the flight plan for Ranchero Airpott. Mr, McCabe presented documents containing information from the General Plan that deal generally with favoring development re urban sprawl, He did not think development should be favored in flight paths of airports. Mr, McCabe presented a summary to the Chairman that points out where-the items discussed were covered in the E.IoRo and General Plan, Information on the housing needs are included in the exerpts from the Chico General Plan. Mr, McCabe requested that the Board respond to the comments, Page 420 July lf, !97'8 _~.._.---__........_~_~-_-'~_'~-_~____._.--_----~._.____-ter RECESS: 14:50 RECONVENED: II:00 Continuation of hearing. Everd McCain, with McCain &Associates, spoke concerning-the £.I.R. He went info the appeal that was lodged. The Advisory Agency vote on this project was a 2-I vote; Howard Toussaint dissented. He feels there should be a negative declaration. He was in .favor of the project. Mr. McCain spoke to two minor errors in the E.IoRo Page 4A ~ $4$9 per acre that is in the upper portion of the page. Page 10. They do not feel that the information in G (Accoustical quality) was accurateo They contend that there is substantial use in the areas The E.I,R. has been through numerous hearings and has. had an opportunity to be circulated and has received extensive in put. Mro McCain stated that many of the comments and responses added to the information. The Board should read the comments and responses throughlyo . Mro McCain said he did not feel that the matter of spraying 'rs applicable to this subdivision, Comments about Ranchero Airport should be included and attached to the E. I. Ro It is a private airport. There is no guarantee that the airport wi I1 stay there long. It could close because of taxation or other problems, Mro McCain said this is not an isolated. development in the ag area. There is an explosion of activity in land development and subdivisions in that urea. Mr. McCain set up a map showing the area involved. He pointed out the commercial uses on Highway 32. There are substantial single family residential uses in this areao The city limit line is moving out constantly, He stated that this was hardly a sprawl area. It could be safe to say that the allegations that are based -upon' sprawl does not apply to this project, Mrs McCain stated that the second thing brought up is drainage. Developer has to provide a permanent drainage solution for all developments, The drainage will be irostalled by the developer. This development can be adequately drained to Big Chico Creek, There wi I I be no easements necessary to i nstaFl the drainage. The location of the line between residential and ag designation on the land use element map explained by Mr. lVlcCaino Costs: The E.I.R. hopes i t wi I I include al I the costs i nvolved o The Ea 1. R. doesn't indicate that there is a need for expensive homes in this area bt this time. If the costs get more expensive, they will have to be justified. The developer wilF have to use California Water Service to keep costs of wells off the development. This is not an isolated developmento It is in conformance with the General Plan, Mro McCain requested that the Board append the comments made by himself and others regarding the Ranchero Airporto He feels- that they should be appended to the E.I.R. P<~c~430 July II, 1978 Mr. McCabe spoke concerning the map set out by Mro McCain. He commented on the yellow shaded areas that show that they are subdivided or divided. The Highland Park ©evelopment has not been approved by the County. He subrnifted~a copy of the Chico General Plan map as an exhibit. Hearing closed on the E.I. R, Mr. Molcar said-the spraying of pesticides statement being made that the report was made prior to Prop, 13 raisedo Quest'son raised as to how much was in the minimum density area. It was asked if these were significant comments. Comment to the airport was not significantly mentioned in the E.I.R. Pesticide spraying was mentionedo Mr. Malcar felt that the majority of the comments made today have been adequately covered by the draft E.I.R. and responses already made. Chairman Winston stated that a decision as to whether the Ranchero Airport would be a significant issue is a decision to be made by the Boardo Supervisor Richter stated that he would like to know if Mrs Nblcar felt that the additional data is needed to cover the comments on the Eo ! o R. Mr. Malcar said he did not think he could come up with any more data than is covered by the E, I. R. He did not think it could be covered in more detail, The Board felt that all issues, except that of the Ranchero Airport, comments made today have been adequately addressed by the draft E.lo Ro There have been no significant environmental issues raised so that there will be no responses needed. It was moved by Supervisor Richter and seconded by Supervisor Madigan that the Environmental Impact Report be certified as having been completed in compliance with the California Environmental Quality Act, the State Guidelines and the Butte County Environmental Review Guidelines stating that the Board has reviewed the draft EIR, has reviewed the comments previously received and attached to the draft EIR, and the responses to these comments, fends that the Essues raised by the comments made at this hearing, which comments will be attached to the draft EIR, pertaining to drainage, traffic, pesticides and agriculture land hake been adequately addressed by the ©raft EIR, on Pages 8, 9, 10, 14, 15, 17 and 19; and farther finds that although the issue of the Ranchero Airport was not addressed in the draft EIR°,fmm the comments received concerning its location and use in relation to the proposed subdivision, the airport does not raise a significant environmental issue requiring a written response by the Countyo The motion by Supervisor Richter was unanimously approved, Hearing opened on the project itself. This is an appeal of the approval of a subdivision mapo Appearing: to Mrs. MarybeEle Turner. She is for the subdivision as it conforms with the General Plan. 2. Mr. McCrae; he lives about one-fourth mile west of the project, He has 10 acres planted in almonds. He feels that people are being crowded off their land. He has traveled extensively in Northe rn California putting on safety programso He feels that this project is an urbanized project on Ag land, He opposes the developments Page 440 .duly Il, 197$ 3, John Stewart; lives on Sacramento Avenueo He said the Board should stop and think before they approve another development 'sn this area, This would go on and ono They should say that they have had enough of this type development. Sf~The E Board should wait and see the plan of the Planning Commission this fall, 4. Jack McKinnon, He approves of this project; they have a real nice plan and feels that it should be approved, 5o Mr. Lyman Ward, realtor in the Chico areao He said that all of the members of that community are not present today. The zoning is ASR. The people in the area wanted that type zoning. The people of the area have spoken. He feels that it should be upheld. The right under the zoning gives the developer the right to subdivide, The whole area is not ag. The parcels in the area are too small. There are others out there that want to subdivide their property. 6, Fred Carpenter. He has been there over 40 yearso He is farming 60 acres and still making a liv'rngo A power failure could occur when taking off from the airporto Some of them have been accused of keeping people off to preserve their way of lifeo The developers would be bringing city life to the residents of that area, 7a Mrs. Mary Gibson lives across from the property in question. She would hate to see this property covered with small homes. It seems a crime to not let them have small farms. 8, Mr. Pete Merlo, W. Sacramento Ave. This property was previously zoned A-2, Seems to him that all that is going, he has the-most to loose. He is not fighting for subdivisions. He cannot go against the zoning as they fought taa many years for ito Hate to see this goigg in, but the zoning allows ito He will continue to farm his 65 acres; 9. Dick Watson, realtoro He lives close to thei<~aricling pattern. He represents h'ss mother-in-law who awns Leisure Estates. They have waited $ years to do something with their property, He spoke in favor of the subdivision. 14. Lucile Bachs; she was born in San ~l~se. They were subdivided out of that areao She is present to defend farming land, She supports forming for as Long as '~sible. She opposes this development. II. Mrso Virginia Wolf, Lives across the street from this development. She spoke about the flight paths. The spraying does not stop at Chico Creeko Felt it would be a shame to approve this subdivision. She apposes the developmento 12a. Walt Juhl. He pointed out that the subdivision is going to see the houses under the treeso They wi I l be i n a rural setti ng o They are the first orchard i n the A-f~ zoning. He called the tax assessor and asked if the taxes would be raised because of this subdivisiono He was told the taxes would go upo He opposes this subd'svisian o 13, Mr, Bob Hinem~n, Bidwell Aveo He thought that 6 years ago that the zoning was settled. Felt that it wae,;ld be wise to review the situation leading up to the present zoning, At that timeq Art. Gilman was a mrember of this Board. The members of the Board, and also the Planning Commission, did not want to initiate a zoning until they could get the feeling of the people. The residents met at the Bob Carr residence and talked at great length and there were several zonings in existence at that timed They felt that the present zoning was best far that area. Planning Commission held hearings on the zoning. proposal. The vote on the zoning was unanimous by the Planning Commission, ~.r w .. w ~ 1 . . YI'. ~ f . .1 • 1 • . F Itl.,o Mrs. Lynn Thomas, Rose Avenueo Spoke in opposition to the project for many reasons. Felt that the proposal is too dense for the area. 15. Neil McCabe spoke for the proponants of the project. The Board must look at the EoI,Ro It includes many impactso The early zoning of the area was A-2. Anything woerld be better;,- tha~~nA-2,~ A-2 may have been an answer in early days, but it has outlived its usefula~ess, The present zoning is inconsistent, The Board should also bear in mind that a substanfial area of the property was a subject of the zoning petition presented by Bob Britton. It was for a A-10 District, The people did not feel that they had adequote protection. This zoning request was never carried through. There was a question in his mind as to whether A-5 is sufficient to project ag land. The General Plan contains reference to agricultural land. He read ito Cannot look at the map alone; you have to came up with what it means. Approving this subdivision would be in violation of the General Plan, The Chico General Plan should also be considered by the Board regarding this subdivision. He felt this area should be interim zoned A-10. The City of Chico does not want to annex this area. They do not want to want to put it on the city sewers. Mro McCabe contents that the subdivision is inconsistent with the General Plano The Board should make a finding to this effect and deny the subdivision. Impacts indicated in the F. I.Ro were set outo This is prime soil and would be paved over if this subdivision is approved. He again urged the Board to deny the subdivis~n. Ib. Dennis Durken, spoke in favor of the subdiv'ssiono It is not feasible to farm the small acreage parcels,. The people in this area do not want the zoning changed, These people consider the property asp an investmento The people in the ASR zone do not want to down zone the property. All the people who spoke against the project I ive out side the area. 17, Ray Leonard, attorney at claw, represented. Mra and Mrs. Jerome Peterso The integrity of zoning was discussed. The County. made a study of the area rind zaned that area as an ASR District. There would be no violation of the General Plan if the Board approved this subdivi_s.ono This land is designated urban land in the General Plan..- He had a list of the people that pai~itioned the County for ASR zoning and the names of Ganow and Britton are on the listo He filed, at this time, a petition which states that these landowners wish to know that they want the property to remain zoned ASR. .Petition filed with the Clerk. Copies were given to the Board members. He feels that th'ss application before the Board complies with the General Plan and the zoning. The applicant now wishes.to#ake advantage of the zoning and develop his property.. He should be allowed to develop this property as requested, He has owned this ranch for a long time; it does not seem reasonable to have this much opposition, He should be allowed to develop his property, 18. Sob Britton, Chicoa Spoke regarding petitions that he circulated, It was verified with 60°l0 of the property owners signing. If .this area is preserved as A~g land, it would be of great benefit to pima Ag land is being lost at a staggering rate. He opposes the approval of this subdivisiono Page ~46, Jeif.. it _ i97R 19. Mrso Ernily Stor:t~,W. Sacramento Avenue, across from the property in question, She is in favor.of the present zoning, Her property has never had any Ag significance whatsoever. She favors the zoning. She is authorized to speak for Mrs. Querling, who has five acres and a small homes She can just b~ire:l'y earn..a~ living from the orchard and her Social Securityp She will have to use her property to maintain her home; she would fight for the right to use her property. She approves the right of Mr. Peters to use his property as he desires, if a large portion of the-trees are retained. 20. Mrs. Deva Merlo. She owns aver 100 acres, but only 10 acres on Sacramento Avenueo The walnut growers are concerned with walnut husk flies. It is a serious problem to the walnut growers. They ditlnot receive anything for the nuts last year because of the walnut husk flies. The trees do not have to be retained. 21. Everd McCain. This project was started originally in 1975. He set out the background of this project. West of Glenwood is ag. The project is consistent with the General Plan. There are one to four residents per acre. 22. Carpenter spoke regarding the traffics If all the area is tekn in, the traffic will increase about 40°I°, He felt action should be held off at this timed Traffic in the area should be considered before any action is taken. Hearing closed to the public and confined to the Board. Supervisor Richter made a statement at this time. He has never voted for any urban development on ag property. The Board did not s;anctian or approve any development that is not consistent with the General Plan. Planning is the only tool the Board has. The great dispute is that people cease to advocate planning when it goes against what they wants The real question here is not whether the orchard is profitable or Hots The questions is as to whether urban development should take place in this areao Critical decisions were made that will affect this projects The General Plan was updated in 1972. There is a great deal of cantrovercy about this~;project. There is a question in his mind as to whether the area should be designated as urban. He feels that the Board should postpone action on this subdivision and ask the Planning Commission to review this area.. It was moved by SupervisorRichter that this hearing be continued and that Planning Commission be requested to hold a hearing on the General Plan to determine whether urban area should be continued for this areao MOTION DIES FOR LACK OF SECOND. Supervisor Lemke stated the Board was not going to sit here and get the thing changedo How many times is the County going #o hear this area. It is constantly in a state of changed It has been proved today that it is consistent with the General Plan and consistent with -the urban area. The Board should depend on the ordinance to govern this matter, It was moved by Supervisor Lemke, seconded by Supervisor Madigan and carried, that the tentative map for the WalnutWoods Subdivision, located on the Page 47. July II, 1978 .~uiy i i~ iyia north side of West Sacramento Avenue, east of Glenwood- Drive, in Chico, be approved, finding that based on the information in the final environmental impact report, the project may have a significant effect on the environment; that the significant effect can be reduced but not eliminated by the adoption of the mitigation measures attached to the environmental impact report; further finding that although the alternative of no project, as set forth in the environmental impact report, would avoid the significant effects to the environment identified with this project, the alternative is not feasible in that it v~ uld cause an economic loss to the applicant by reason of the applicant not being able to sell the property as residential lots and that the income from the orchard is decreasing as the orchard grows older. Furthermore, there is a need for housing in that area which would-remain unsatisfied if the area is required to remain in agricultural use.. Alternative No. ~•-, as described in the environmental impact reports provides for larger lots for the residences, the Board found that although -the use of larger lots would reduce the intensity of some of the impacts, as identified in the environmental impact report, this alternative would not avoid or mitigate the impacts identified. Furthermore, it is not a feasible alternative in that not only would the larger lots be less readily saleable, it would reduce the number of lots available to meet the need for housing in that areas The Board further found that Alternative No, 3, described in the environmental impact report as. providing for alternate designs; of the subdivision, would not avoid or mitigate . the impacts identified in the environmental impact report since the number of proposed lots for the cs~bdivision would remain the same. The Board further found that Alternative Na. 4, which calls for the development to be undertaken at a different location, is not a feasible alternative because the applicant does not awn other property near Chico. The Board further found that although the subdivision, as designed, may have a significant effect on the environment, the information contained in the EiR indicates that it would not cause as substantial adverse effect to the environment. The Board further found that, although the mitigation measures incorporated into the project will not completely mitigate the significant effects to the environment, there are social and economic factors which rj~stify overrld~~~~~e~'~~f~~ts>t~3,the environment. These social and economic factors are the need for housing in the area, the employment of people in the construction of the subdivis~~,the increased tax base resulting from the use of the land as a residential area rather than agricultural area, the fact that the area around the proposed subdivision is already substantially developed, the need for orderly development of the area, the current zoning for the area having been requested by the people in the area, and the economic hardship to the owner because of the declining income from the orchard, The Board further found that this subdivision was i n conformance with the Butte County General Plan, as was set forth i n the staff report, in that the Butte County General Plan land use map shows slow-density residential designation over most of the property and further, that the entire property is surrounded by urban developmento ~'he Board further found that the subdivision complied with the zoning ordinance for the areao Subject to the conditions set forth on the tentative map, the map was approved and the appeal was denied o AYES: Supervisors Lemke, M~~:ge,~, Moseley and Chairman 1-Vinstan NOES: Supervisor Richter ~~~s.,r RECESS: 1:20 ', RECONVENED: 1:40 p.m. 78-1252 APPEARANCE: MRS. WOODARD, PARADISE: MOTION TO AUTHORIZE HER TO CROSS ONE FOOT STRIP FOR BUILDING PERMIT Mrsa Woodard, Paradise, stated she had a parcel of land at the east end of Elliott Roado She has to cross a one~foot strip of land left from an old subdivision development. The 20' access was in when the properly was purchased. She requested authorization to~:cross the one-foot strip of land far one homesite only so that she can obtain her building permit. JuIY IILI978 and unanimously carried,' Mrs. Woodard was authorized to cross the one-foot strip at the end. of the 20' access, east end of EI I loft Road, authorized the issuance of the building permit, and that the parcel was not acquired by an illegal subdivision, and that further development would require the building of a 6Q' access and installation of the improvements, ', 78-1213 APPEARANCE: MRS. HUBBARD, HARVEY ROAD, PARADISE ~ Mrs;. Hubbard thanked Supervisor Moseley for making the motion to place the coal plant on the November ballot, She stated that she was sorry, now.that they filed the petition with the Board. She felt that it should have been filed with the Public ~~~~rgyCommission. Dan Blackstock, County Counsel ,explained how this matter wo'u1d be handled, 78-1254 APPEARANCE: DON BLAKE, OROVILLE, SPOKE AGAINST COAL BURNING PLANT Don Blare, Oroville, spoke as Intervenor before the State Public ~Eri~F~yCommission, and as representative of the Citizens Association Against the Coal Burning Plant. He stated that there was a possibility all four sites would be selected. One site will have to be finally selected over the other sites, In-put has to be-given to the Public fneg-' Commission. He felt-the matter should be placed on the November ballot to give - the people a chance to speak on the issue, The committee will work to try and secure sufficient signatures to get this on the November ballot. Fact sheet set out; each of the statements are documented. 78-1255 APPEAR~A~L~E: MRS. TRUDY HARMON, PARADISE: COAL BURNING PLANT Mrs. Trudy Harman, Paradise, stated she was one of three people who circulated the petitions to get the matter of the coal burning plant on the November ballot. She felt that the people of the County have the right to express their desires. 78-1256 APPEARANCE: MR. HANK MARSH, ATTORNEY RE PRES>;NTING CHICO CLIPPER: GRANT 120 DAY EXTENSION SO CAN FORMULATE BASIS FOR FARE STRUCTURE Mro Hank.. Marsh, attorney representing the Chico C ipper, requested that the Board not put the Chico Clipper contract out#a bid. Requested that the staff sit down and discuss the matter with the operators, He has discussed this with Mr. Castleberry and he is agreeable to sitting down and analys~ir~ the justification for the increase of the .40 per trip.. It would at least allow the Board to make the decision on a thorough staff review. Days and hours have been added to the operating time. The County would be dealing with an operator that has shown he can do the job. On motion of Supervisor Richter, seconded by Supervisor Nbseley and unanimouslyccarried, the Public Works staff was authorized to meet with the Chico Clipper operators and come up with the justification for the increase of .40 per fare, bringing back a recommendation for the fare-box contribution;. 124 days was granted for the Chico Clipper to formulate the basis for the fare structure. 78-1257 APPEARANCE: MRS. JOLENE BLAKE, OROViLLE Mrs. Jolene Blake, Oroville, requested that the Board reconsider the request to place on the November ballot the matter of the coal burning plant site in Butte County. Chairman Winston said "No"he would not reconsider his action; the Board members concurred with this statemento Page -4~. - July I1, 1978 _______________J~I~r.~ItL9Z8___-__--___________ 7~'W 1258 APPEARANCE: MR. JAMES L. ALLAN, OROVILLE Mro A an stated he has seen government grown He as had experience with the County. Whenever someone had a complaint, he felt they should back off and look at it, He said he would. like to see the Board appoint a committee that would be responsible to the Board comprised of a representative from the following: I, Agriculture 2. Bank Manager 3, 4. 5. 60 7. 8. Industrial .Plant Manager Ag Plant Manager Real Estate Licencee Medical Man, an M.D. Personnel from Utility company Business Agent from a Union This committee would be to rerorganize Butte County government to be responsible to the Board, No renumeration or expenses whatsoever wb?ald be paid; they would be in an advisory capacity only, 78-1259 APPEARANCE: GREG WILLIAMS, OROVlLLE-COAL BURNING PLANT Greg Williams, Oroville, requested the Board to reconsider their decision about placing the issue of the coal burning plant on the November ballot. He felt this matter should go to public debate, Chairman Winston gave arstatement on the process of haw the coal burning plant was being handled. Cei~ain questions were studied `for answer. Valuable information can be obtained from the NOI process. 78-1260 SALE OF SURPLUS COUNTY PROPERTY Opening- ids. he d at t is time for, t e .following property: Control ~7 -portion of AP 36-50-23, located in-the intersection of Kure! and Ophir Roads. Minimum price: $3,800 Bid was received from Gerald DeRoco. He presented $800 as down payment, with' payments of $50 per month at 8% interest, County Counsel stated that the bid did not comply with the notices sent ouzo The bid has to be in the full amount of the minimum price, Bid opening opened to the public. An oral bid was received from Gerald De Roca in the amount of $3,800 cash. Bid accepted and referred to Administrative Officer and County Counsel far finalizing the. matter, Control #8 -portion of AP 36--50-20 and 24, located at the intersectiono of Baggett-Palermo and 'rOphir Road (north side) Minimum price: •$2,100 Bid received .from .Gerald DeRoco in the amount of $2,100, with $600 down payment Mr. DeRoco made~'an~e~i~l~~biel~a.~this time of $2,100 cash. Bid accepted and referred to Administrative Officer and County Counsel to finalize the sale to Mr, De Roca. Page ~o Jury It, 19~s Control ~9 -Bid opening on a portion ofAP 36-50-20 located at the intersection. of Baggett-Palermo and Ophir Roads (south side}. Minimum price: $3,200. Bid received from Gerald DeRoco, with $700 down payment. Oral bid received from Gerald De Roca at this time. Bid acc~~ted in the amount of $~,y~Q c~ash~~ Referred to Administrative Officer and County Counsel to finalize the sale. Control #10 -Bid opening on portion of AA 3b-50-18 and 20, located at the intersection of Ophir Road and Baggett-Marysvillea Minimum price: $$00. Bid received from Gerald DeRoca in the amount of $800 cash. Bid accepted and matter referred i~o Administrative Officer and County Counsel to finalize the sale of the property to Mr. DeR+oca. 78-12b1 PUBLIC HEARINGS SET ON PETITIONS FORVARIANCE MOBILE HOMES Public hearings were set fot August I, 1978 at 9:45 a.m. on the following: Francis E. Rist -petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for fihe placement of a mobi le home at- Route 2, Box 2362A, Oroville, AP 25-16-74, Lt. R, E. Cherry - petition:for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on Ten Mile House Road, AP 56-05-37, Leroy Mari'in -petition far variance to Sections 19-10 acid/or 19-12 of the Butte County Cade for placement of a mobile homees~ff of Ishi Trail, AP 58-3b-32, 78-1262 DRUG PREVENTION SERVICE S CO NTRACT At the request of Supervisor Richter this matter was put over one week, Administrative Officer will request that Dr, Svihus be present to discuss the financial statement, 78-1263 APPROVE SPECIAL REHABILITATION SERVICES CONTRACT A contract has been prepared with Crestwood Manor, . Q locked ski I led nursing facility to care for the mentally disordered Butte County patients. The contract is retroactive to May 1, 1978-and will be funded under Medi -Cal except for Butte County's responsibility of $bo02 per day. On oration of SupervisorRichter, seconded by Supervisor Lemke and unanimously ca rried, contract was approved and the Chairman authorized to signo 7$-1264 DECLARED ~&~`~;X~PRif,NTiER~&!~'I:?L~JISi~~1lJTHORIZE PURCHASE OF MICROFILM READER/PRI NTEIt ~ ~~-- The Public Works Department is requesting that a Xerox 1824 printer be declared Burp surplus and also that presently incumbered funds amounting to $2,887,97 be applied -for ,. Page =~x '` July ll, 1978 the purchase of a 3M model #201 microfilm.reader/printer, Additional funding necessary amounts to approximately $4,IOOa On motion of .Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, Xerox printer was declared surplus and purchasing officer . was authorized to sell equipment and authorized the acquisition of the requested microfilm reader/printero 78-1265 ADOPT RESOLUTION 78-117 ~TTING PUBLIC HEARING DATE FOR ISLAND ANNEXATION, OROViLLE In follow up to a recent Loca Agency Formation Commission meeting a resolution has been prepared designating the Board of Supervisors as the conducting ageancy for an aa~e~cation to the City of Oroville. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, Resolution 7$-117 setting public hearing date for August- 15, ', 197$ at 9:30 as far annexation of an unincorporated island to the-City of Oroville was adopted and the Chairman authorized to sign. '78-1266 PUBLIC. HEARING SET. fOR ANALYSIS OF SB 154 PROVISIONS Analysis of SB 154 provisions far distribution of 'bail-out'tpot of $125 million for special districts. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, July 27, 1.978 at 9:30 aam. was set 'for public hearing on the analysis of SB 154.provisions, with the proviso that if the information from the State Controller's Office does not arrive, the Chairman is authorized to call a special hearing., '78-1267 BUDGET'TRANSI=ERS APPROVED On motion of Supervisor Richter, seconded bySupervisor Moseley and unanimously carried, the following budget transfers were approved: B-272 Supplemental Manpower Program-CETA Title Vlo Transfers $3,700 from the professional and specialized services within the Administration- portion of the grant to other transportation and travel in the public service projects portion in order to cover the costs of gasoline for vans used in the U.4`~; Forest Service projecto B-273 Public Works -Transportation System. Increases the appropriation for expenses of the paradise Express in -the amount of $8,000 as represented by revenues from sales of tickets and ;the EOC subsidy not included in the revenue estimates. - B-274 Public Works - Transportcl~"ran Systemo Incnrases the appropriation for the City of Chico portion of the expense-for the Chico Clipper in the amount of $8, 000 ~ii~~haccordance with advice from -the city that they wi I1 contribute these additional funds. 78-1268 AUTHORIZE RELOCATION ASSISTANCE WITH COMMUNITY DEV. BLOCK GRANT FUNDS Low income families may be with Community Development Block constnrction o reimbursed fKfor temporary rental expenses Grant funds while their homes are undergoing „ . Page `~2. On motiimn of Supervisor Richter, seconded by Supervisor Lelmke and unanimously carried, the Administrative Officer was authorized to provide up to $1,000 per unit to cover temporary relocation expenseso 781269 APPROVE ENERGY CONSERVATION PROGRAM CONTRACT 8~ PROGRAM CHANGE IN PURCHASE OF EQUIPMENT, COMMUNITY FOOD & NUTRITION PROJEC n motion of Supervisor is ter, seconded y Supervisor m e and unanimously carried, the following action was taken: I. Approved operating contract far an Energy Conservation Pro~r~m in the amount of $17,031 with State Office of Economic Opportunity and the Chairman was authorized to sign. 2. Approved purchase of sink for preparation of food i in order to comply with County Code, in conjunction with the Community Food and Nutrition Project and authorized the Chairman to sign the program change. 78-1270 DISCUSSION: MEMO FROM PROBATION DEPARTMENT Chairman Vlfinston commented on t e memo from Don Nissen, Probation Deparfinent,.: Supervisor Richter felt the letter was very poorly written as Mr. Nissen did not deal with the questions asked by the Administrative Office. Mro Mickelson stated he had talked to Mro Nissen and told him that this matter would be placed on next week's agenda for discussion. It was stated that there would- be no more youths placed in the homes-that charge the larger sumso Matter put over to next week. 78-1271 CERTIFICATION OF CANVASS OF VOTES CAST IN PRIMARY ELECTION On motbn of Supervisor Richter, seconded y Supervisor Madigan and unanimously carried, the following statement of votes cast at the Primary Election held on June 6, 1978 was accepted: CERTIFICATE OF COUNTY CLERK TO RESULT OF THE CANVASS OF THE PRIMARY ELECTION JUNE 6, F978 STATE OF CALIFORNIA COUNTY OF BUTTE S. I, Clark A. Nelson, County Clerk of said County, do hereby certify that, in -pursuanfi_to the.pravision of Sectionsl~8~r~708~6a~'ndf17Q9{~k~th~EtC~cfian~Cade aerd:'of~±#.bze resolution of the Board ~of Supervisors of said County, heretofore adopted and entered upon the minutes of said Board. I did canvass the returns of 'the votes cast in the First and Third Assembly Districts in said County, at the Primary Election held on June 6, 1978 for elective public offices and for and against each measure submitted to the vote of the voters, and that the whole number of votes cast in said Assembly Districts in said County and the whole number of votes cast for each candidate and for and against each measure in said Assembly Districts in said County and in~each of the respective precincts therein, and that the totals of the respective columns and the totals as shown for each candidate and for and against Page ,5i3. July. II, 1978 July 11, 1978 each measure are full, true and correct, WITNESS my hand and the Official Seal of my office this 30th day of June 1978 . CLARK A. NELSON, COUNTY CLERK By: /s/ Eleanor M. Becker Eleanor M. Becker Assistant Registrar of Voters 78-1272 DENY CLAIM FOR REFUND OF TAXES PAID 8. REQUESTS FOR PENAL~'Y RELIEF On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the following action was taken: 1. Denied claim for refund of taxes paid for Verla Karen Belcamino (Hilleman) in the amount of $192.¢5a 20 Den~~d request for penalty relief -Janice G, Greiner (AP 41-31-33. 3, Denied request far penalty relief -Alta Mae and Frank Seiler (AP 04-27-4-I~ 4. Denied request for penalty re[ief -Irene Perry (AP 34-62-060). 5q Denied request for penalty relief - Judee D'Anna (AP 04-II-2-06) 6. Denied request for penalty relief - L & J Ulrich (AP 66-23-47)0 7. Denied request for penalty relief - J. E. M Farms (AP 24-24-08). 78-1273 WAIVE FIRST READING OF ORDINANCE REDUCING SPEED LIMIT ON ELLIOTT ROAD . On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously-carried, first reading of the ordinance reducing speed limit on Elliott Road from Clark Road to Sawmill Road was waivedo 78-1274 REPORT BY ASSESSOR CONCERNING CRITERIA BEING USED TO SET THE 1975 PROPERTY VALUES FOR LOCALLY ASSESSED ROLL: AUTHORIZE TO NOTIFY ONLY THOSE TAX ASSESSMENTS THAT MERE RAISED AI Anderson, County Assessor, explained the criteria being used to set the 1975 property values for the locally assessed rollo This office has done a great amount of work. They had appraised for the full year, then Prop. 8 was enactedo That consisted of a great amount of worko Then they had to withdraw resident value. Assessors Parcel Numbers had to be changed They had to go through and physically divide all these things. Then. Prop, 13~ passed and they had to start all over again. He explained how they turned back to the 1975 ', valueso In a few areas there will be no change. All the physical work with the appraisers has been finished. The- computer program will be ready tomorrow. They still, have to recalculate the home owners exemptions and the veteran exemptions.. Mro Anderson detailed the procedure they are following to comply with Propo 13p Aside from-title changes, there will be changes for remodeling; if new additions are added, it will be appraised at new market valued There is no way to have equity at this Time.. Propo 13 does not affect personnal property. With'the work required of this ~~~ •the Assessor wi l I have two years to page 5¢'~. Ju I y I I ,. 1978 Ju1y_I1,. 1978 equalize the 1975 roll, Everything will be brought up to a true 1975 valued Mr, Anderson stated that his staff has done this work without any overtime, They are doing it at the expense of this years work. They have put off doing the deeds until this has been completed. The office will have to catch up on their other work when this necessary work has been completedq Notification of new values to the taxpayers will be costly. It will take about $10,000 in postage. He requested authorization to just notify those property owners that wif I receive an increase in the vafueso He is mandated to notify themo On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the Assessor was authorized 'to notify (hose property owners only that had received a tax assessment that was raised, said notification to be by U. S, mai I . . 78'-1275 APPROVE PUBLIC WORKS ITEMS: ADOPT RESOLUTIONS 78-118 & 78-119 On motion of Supervisor Lemke, seconded y Supervisor Madigan- and unairimously carried, the following action -was taken: I. Clarify minutes of June 6, 1978 to state that the Soars! approved payment for engineering services for the Sacramento River Avenue Assessment District and that fhe Revenue Sharing Communify Development fund would,be repaid from assessment revenues. 2. Adopted Resolution 78-If8 for formation of Brentwood Street Lighting .Maintenance District and authorized Chairman fo sign. 3. Accepted. improvements for Hagenridge-Manor Subdivision, authorized release of performance and labor and material bonds and commence of one--year maintenance period. 4. Accepted the work of Robinson Construction Co,, Inco for the reconstruction of Foothill Boulevard from Orovilfe--Quincy Highway to State Highway 162, authorized Chairman to sign the Notice of Completion and authorized Clerk to record sited Notice of Completion with County Recorder, 5. Approved contract change order Noo I, Elliott Road curb, gutter, sidewalk and drainage facilities, Project No, 58431-78-I in fhe increasing amount of $17b.70 which provides for overrun in asphalt concrete and the Chairman was authorized to sign, - 6o Approved agreemenis~~or safe for right~ef-way acquisition for the following, authorized the. Chairman. to sign and authorized the Auditor to issue warrants upon demand of county's escrow agent: Pearson Road John No Evans Oo053 acres $435 Total $435 57422-76-2 " " Ho Beuselinck et al 0.,019 acres $275 $275 Pearson Road E, Benjamin 0,038 $670 $670 7. Adopted. Resolution 78-119 for maintenance of traffic signals, Page 5;~0 July II, 1978 8o Authorized the Chairman to sign a letter of appreciation to Chico Rotary Club for canstrtrcting Lindo Channel bike crossing. ~.~. 78-1276 AUTHORIZE AUDITOR TO ISSUE WARRANT: MATERIALS TESTING. BY CALTRANS The county does, not ave the~quipment or personne~ to perform certain specia iz f_. =rat+aterials testing for traffic signal controllers for the proposed signals for East Avenue at .Pillsbury and East Avenue at EI Paso and White Avenues Because of a change- in procedures, CALTRANS . - 78-1277 AWARD C>F BID: BRUCE ROaQD, PROJECT NO. 52271-T1~1 C ay Caste rry, Director of Pu is .Wo s, reported on the bid opening for Bruce Road, Project Noo 5227(-77-[. Robinson Construction was fhe low bidder, with a bid of $70,142.50. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the low bid of Robinsan Construction Co., in the amount of $70,142.50 vyas accepted, Warner St., Chico and County Planning Caop, Maintenance Project was postponed, $18,513 was transferrred from the Warner St, project to this iiroject, subject to BCAG approval and the Chairman was authorized to sign, 78-1278 AUTHORIZE EXTENSION OF PI~:~-RCEL MAPS FOR TWO On motion of Supervisor digan, seconded y Supervisor Richter and unanimously carried, a six month extension of time was granted for filing of parcel . ', map for the Whipple project and the Aldersgate map. 78-1279 -AUTHORIZE WAIVE TO USE PLASTIC P.C. LINE FOR. WATTE LINE FOR CONCOWVOL. FIRE DEPARTMENT On motion ofSupervisor Mdse ey, seconded by Supervisor Lemke and unanimously carried, i'he Concow Vol~Snteer Fire Department was granted a waiver to use plastic P.C. Li rte for waste line. 78-1280 INFORMATIONAL ITEMS Mr. Castleberry showed signs being designed'for private roads. The matter of the property at Oliver andr~lcyway a~llll be placed on next week's agenda. 78-12$I PUBLIC HEARING SET: DAN HAYSr~pc~sec~~~d`regbf°r~e~~lecl'drdt~~n~7'.:~e'zo~efs°om REZONE FROM 'TM-40." TO "TM-I0" PftiUl'tlti~Y LUCAi~i"U ON SG`irl ;ilrJtS OF DOE MILL RIDGE ROAD N ~ OF CHICO A public hearing-.was set far-~Qugust I, 1978 of IO:OO a,m~ ori"the Dan Hays-proposed ,negative declaration.(na EIR required) and rezone from 'TM-40"(timber mountain-40 acre parcels) to 'TM-10" (timber mountain - l0 acre parcels) property laca~ed on both sides of Doe Mil) Ridge Road approximately three miles south of Schott Read, identified as AP 63-0272, 73 and 74, :con#aining 133 acres, more or less{ northeast of Chico. 78-1282 REPDRT REGARDING COIiRESPONQENCE RECEIVED BY BOAR©, FROM DAN ~°S HAYS REGARDING REZONE NI^/~R CHICO Al:RPORT: REFERRED BgCK TO PLANNING COM. fiettye Blair reported to hard re~ararng corresponaence recerv~a uy wU~~, dated .#une 22; .1978, from Dan Hays, regarding -the Dan Hays, et al, rezone near Chico authorized the Chairman to sign and authorized the Auditor io issue warrant in the amount of $3,000 and deposit with CALTRANS. $. Authorized. the Chairman to sign a letter of appreciation to Chico Rotayyr Club for constructing Lid~:`~ Channel bike crossing. Airporto Disposition of this matter is requested. It was suggested that Mr. Hays amend his applicationo Ms. Blair has contacted the City of Chico and they have requested that the rezone be held off until after airport zoning is approved. On motion of Supervisor Richter, seconded' by Supervisor Moseley and unanimously carried, 'the Dan Hays, et al, rezone near Chico Airport was sent back to Planning Commission, and that their be a waiver of fees for zoning request only. 78-1283 REPORT REGARDING PETERSEN & SONS DENIED NEGATIVE DECLARATION AND REZONE FROM A-20 TO . "'A-~ "' Panning fi ed their report to Board regarding Petersen & Sons -denied negative declaration and rezone from "A-20" (agricultural - 20 acre parcels) to "A-5" (agricultural - 5 acre parcels) property located on the east side of Troxel Road approximately !mile south of Burdick Road, identified as.AP 39-25-37 (portion), containing five acres, more or less, Durhamo No action required at this time. 78-1284 APPROVE RATIFICATION OF ENCROACHMENT PERMIT WITH LAKE MADRONE WATER DISTRICT On motion of Supervisor Lemke, seconded by Supervisor Madigan acted unanimously carried, ratification of encroachment permit with Lake Madrone Water District was approved and the Chairman authorized to sign the encroachment permit, 78-1285 APPROVE CORRECTED AGREEMENT, LAND CONSERVATION AGREEMENT BETW>=~N COUNTY AND MORRIS J. KEENEY, AGNES KEENEY, M. B. KEENEY AND JOAN KEENEI On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, corrected agreement between County of Butte and Morris J, Keeney, Agnes Keeney, Mo B. Keeney and Joan Marie Keeney (Land Conservation Agreement) was approved and the Chairman authorized to signo 78-1285 COUNTY COUNSEL AUTHORIZED TO WRITE LETT>"R TO OWID & TID RE MAINTENANCE OF FIRE HYDRANTS On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, County Counsel- was authorized to send letters to Oroville Wyandotte Irrigation Disfric# and Thermalita Irrigation Districf stating fhat the County will maintain the fire hydrants but will .not pay the stand-by water fee requestedo 78-1287 LETTER TO BE SENT TO BUTTE COUNTY LEGAL SERVICES Mr. Blc~ckstack reported on the letter from Butte Legal Services. He stated that in essence, questions that wanted asked were asked. Supervisor Richter stated that there will be a budgetary hearing on funding. Maybe there is a labbist that could 'set out the County's position; they should be aware of the County`s dealings with them. This Service becomes a lobbying effort for things that they supporto They might lobby for things Board members do not approve of, Supervisor Richter felt that:~the Legislation should be changed to prohibit this. A second letter will be sent to Congressman "Bizz "Johnson an this matter, On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, a letter was authorized to be sent #o clarify the possirton of this Board, along the lines set out by Supervisor Richfero Page 5~0 July Il, 1978 ___~_____~~._-_-~'~'L~~~'z'~ _.~____-__--_ ---_~._ 78-1288 APPOINTMENTS PUT-OVER ONE WEEK Appointments to t e Housing and Community Development Advisory Committee; to the Butte County Council for Senior Citizens; and to the Human Services Advisory Commission were put. over to Tuesday, July 18, 1978. 78-1289 VACANCY ON BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT Supervisor Mose ey reported that Arthur Smith had resigned from t e Butte County Mosquito Abatement District, Administrative Officer will post this vacancyo 78-1290 DISCUSSION: MARKET RESEARCH. SURVEY ON TRANSPORTATION Supervisor Richter stated the County was negotiating with the City of Chico on the market research suniey far transportation, The question has been asked: "What do they survey?" What-type transportation activity do they survey; what type system. There have been different proposals and an agreement has to be decided on what they are offeringo It was~felt that the most complete system should be surveyeda They are going to do 500 personal interviews. Election would be held in the Chico urban area; they would use' existing election precincts yin the County General P~r~ urban boundary of Chico. 78-1291 ADOPT RESOLUTION 78-120, PINE BARK BEATLE On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried,' Resolution 78-120 dealing with the Pine Bark Beetle in Forested lands in -Butte County was adopted and the Chairman authorized to sign. 78-1292 COUNTY WIDE WATER COMMITTEE DISSOLVED It was moved by Supervisor 1Vladigan, seconded by Supervisor Lemke and unanimously carried, that the County-wide Water Committee be dissolved and that a letter of appre:ciation,6e sent to all memberso 78-1293 MATTERS PRESENTED BY SUPERVISOR MADIGAN Supervisor• Madigan presented the Chairman with a copy of the minutes of the Board of Directors meeting held in Redding Fast Saturday. No action was taken on the budget.- There are other counties that are going to drop out of CSAC. None of the counties had budgets that had been approved o Matter of payment of dues will be brought u.p.again at the meeting. to be held in Susanville, Supervisor Madigan stated that Shasta County has put a 15°lo reduction on travel by county employees. It was suggested that maybe the General ~~s:sembly meetings should be done away with to cut down the costs, Board members stated they wauid support the reduction in these meetingso No action taken at this timed RECESS: The Board recessed at 4:00 p,mo to go into an Executive Session to discuss litigation. RECONVENED: The Board reconvened at 4:57 following an executive session. 78-1294 RE-AFFIRM ACTION TAKEN BY COUNTY COUNSEL IN ENTERING INTO STIPULATION WITH P.G.& E. ', Chairman Winston reported that litigation had been discussed during the exe=cutive sessiono Discussion was directed towards discussion of reaffirming Counsel `s action on the stipulation of water matters an NOI with Pa G. & E. Page 5c8a I„f., II. 1978 Jlfly I1, 17/O Chairman 1Mnston said -the Board discussion was also on providing direction to County Counsel of attitude of hearings to come, County Counsel was instructed to remain as neutral as possibleo County Counsel will ask the questions that are bothering the people of this County. He wi#) play the part of inquisitor. On June 13th the Board was asked by .Don Blake whether this Board ever authorized County Counsel to make a statement about water, Chairman Wrnston had stated "No "at that time. On September 14, 1477 the Board did vote to give County Counsel authorization to make a statement about water. The facts were those that were stipulated to by County Counsel. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the Board re-affirmed action taken by County Counsel in entering into the Stipulation with PoG. & Eo and entering into pre-conference statement -- with P.G. & E. and NOI. AYES: Supervisors Lemke, Madigan, Richter and Chairman Winston NOES: Supervisor Moseley as she wants more information on this. 78-1295 INFORMATION RE PROP. 13 Supervisor-Madigan stated the Board has done little or nothing about Prop. 13. He presented a write up from another county on their acts regarding the implementation of Prop. 13. Supervisor Madigan stated he still feels that hiring should be frozen. Administrative Officer has been instructed to screen all hiring of personnel. Chairman ~nstan stated he wa s interest as Supervisor Madigan f. about cuts. The public expeF~;~s to a same economic but it will be about a month before -the Board would be a e to determine how pings could be cut. ADJOURNS NT There eing nothing Furth r before the Bo d t th's t e, t meeti g was adjourned at 5:15 to reconvene on Tuesday, July ! , 17 9 00 a o ATTEST: CLARK A. NELSON, CO NT~(CLE By: Asst. Clerk. of the Board Page 5~ July II, 1978 WALNUT WOODS SUBDIVISION HEARING, July 11, I97$ People appearing and commenting on ElRand on approval of subdivision reap: 1. Floyd Carpenter 2,~ Mr, Russ Schafer 3, Deva Merlo 4. Mr. Lawson 5mi th 5, Mr, Walter Judl 6. Mro Jim McCrae $a Neil MaCabe 9. Everd McCain . 14. Mrs. Marybelle Turner II. John; Stewart 120 -Jack McKinnon 13. Lyman Ward 14. Mary Gibson 15, Pete Nlerlo 16. Dick Watson 17a Lucile Backs I$, Mrs. Virginia Wolf - 19, Mr. Bob Hineman . 20. Mrs, Lynn Thomas 21 o Dennis Durken 22, Ray Leonard 23. Bob Britton 24, Mrs. Emily.Storrr~ 25. Mrs. Lynn Thomas ~'