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HomeMy WebLinkAboutM071878July 18, 1978 STATE OF CALIFORNIA) SS. COUNTY OF BUTTE ) The Board of Supervisars met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Lemke, Madigan, Moseley, Richter and Chairman Winston. Clif Nickelson, administrative officer; Dan Blaekstock, county counsel and Clark A. Nelson, county clerk by Cathy Pitts, deputy clerk. Pledge of allegiance to the Flag of the United States of America. Invocatian by Supervisor Moseley 78-1296 APPROVAL OF MINUTES The approval of the minutes of the July 11, 1978 meeting was continued to next week. 78-1297 COMMUNICATIONS Richard W, Jones, Healdsburg. Mr. Jones writes appealing the Planning Commission's denial of his rezone from A-5 to SR-1 for AP 39-24-40, northwest corner of Dayton Durham Highway and Burdick Road, Durham. Hearing set for August 15, 1978 a5 9:45 a.m. David Weston, Clovis. Mr. Weston provides information concerning his hearing appealing condition ~~1 which is scheduled for July 18, 19780 ', Referred to the hearing later in the meetingo Bettie J. Johnson, Chico. Mrso Johnson writes in follow up to work performed by the tree trimming crew in the Chico area. Referred to Public Works D, Bruce Brown, Paradise. Mr. Brown writes concerning county excess property at the corner of Skyway and Oliver in Paradise. Referred to the hearing later in the meeting. Margo Yexman, Paradise. Mrs. Yerman writes concerning excess property at the corner of Skyway and Oliver~n Paradise. Referred to the hearing later in the meeting. Paradise Municipal Advisory Council. The Council writes urging the issuance of a use permit be withheld until a commitment is made to install a traffic signal at the intersection of Oliver Road and Skyway in Paradise at the proposed Jack-in-the-Box restaurant site. Referred to the hearing later in the meeting. Shari Maxson Hopper, Chico. Mrs. Hopper writes concerning the placement of a ballot measure with regard to the proposed power plant. Information; no action taken. Bob Baiocchi, Paradise. Mr. Baiocchi writes with regard to the proposed power plant. Information; no action taken. Mental Health Advisory Board. The Mental Health Advisory Board writes urging that the full use of state funds allocated to Butte County should be used to continue the level of mental health sexvices. Information; no~~action taken. Butte County Grand Jury, The final report of the 1977-78 Butte County Grand Jury has been submitted. Administrative Officer to sent comments to the Departments for comments and report back to the Board, Page .`60!, July 18, 1978 July 18, 1978 NealJDenny, Marysville. Mr. Denny appeals the Advisory Agency's_decision regarding a waiver application for tentative parcel map, AP 24-24-O1, two parcels, south. side of Central House Road, one mile east of Highway 70, Honcut area. Set for hearing August 1, 1978 at 10:30 a.m. Charles Harvey, Chicoo Mro Harvey appeals the Planning Commission's approval of the Jay Halbert and Ward Bailey, negative declaration and rezone from "A-10" (agricultural, ten acre parcels) to "SR-1" (suburban residential, one acre parcels) property located on, the southwest corner of Oak Park Avenue and Rose Avenue, identified as AP 42-21-17, cantaining five acres, more or less, Chico. Referred to later in the meeting. City of Chico. The City writes requesting that Interim A-40 (agricultural, 40 acre parcels) fort>property located in the vicinity of the Chico Municipal Airport be extended. Referred to the hearing on July 25, 1978. Neil McCabe, Chico. Mr. McCabe writes regarding the approval of the minutes on the Walnut Woods Subdivision hearing which was held on July 11, 1978 asking that the approval be continued to 3u1y 25, 1978 and submitting duplicate slides presented at the hearing. The approval of the minutes has been continued to July 25, 1978. 78-1298 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Lemke stated that the Coutelenc fire garage has run into a snag. The plans are ready to go and the volunteer fire department is ready to start building, There is a set back of 50 feet in the rear yard. Because of the topography the fire trucks could not be turned around with the set back. Supervisor Lemke is asking for permission to use the Chico Enterprise Record to advertise a variance hearing before the Board of Zoning Adjustment in two weeks so that the project can be completed, The matter is continued until Planning items are discussed. Chairman Winston stated that the Board would hold an executive session later in the meeting regarding personnel and other matters:.=in the Data Processing Departmento Litigation will also be discussed. 78-1299 DISCUSSION: SKYWAY AT OLIVER ROAD EXCESS PROPERTY Clay Castleberry, public works director,. set out the background of the excess property; ._ Skyway or Old Neal Road was located somewhat east. The county acquired rights-of-way to the east. The county has had surplus property in the area in years past. The county sold much of the surplus property to the adjacent property owners for the .sum of $50 each. There is one parcel on the corner of Oliver and Skyway. When Skyway Assessment District was put in each of the property owners was assessed for the curbs and gutters. Originally the County came up with a cost of $5,600 with the exchange of property. Since that time, a use permit hearing was held .and the conditions of the use permit required that the property owner deed the right of way to the County. There are utility lines going through the property. A subsequent appraisal was made by a private appraiser in the amount of $2,700. There are several options open if the Board wants to sell the property. The property can be sold to the adjacent property owner through a negotiated purchase. There have been cases where the County has kept the property and issued driveway access across the parcel. The County can sell a quit claim deed interest. If the County sells the property to someone other than the adjacent property owner, it would be only fair to reimburse the property owner:'for the cost of the curbs and gutters. Page 61. July 18, 1978 July 18, 1978 Mr. Castleberry stated that it would be extremely marginal regarding issuance of a building permit for the parcel. If the property is sold to someone, he would not want to guarantee that the parcel is buildable. John Coverston spoke regarding the disposition of the excess property at the corner 'of Skyway and Oliver Road, Paradise. Mr. Coverston felt that there would not be much left to the property for building considering the underg-Found'utilities, The title company would give a title policy to the adjacent property owner. Chairman Winston stated that communications have been received regarding the purchase of the excess property. Supervisor Richter felt that this piece of property should be put out to bid and sold to the highest bidder. The discussion was recessed to later in the meeting. 78-1300 PUBLIC HEARING: ROBERT E. ADAMS - PETITION FOR VARIANCE TO SECTIONS 19-10 AND/OR 19-12 OF THE. BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME AT 3565 GRUBBS ROAD, OROVILLE, AP 27-15-3; ZONING: A-5, The public hearing on the Robert E, Adams petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at 3565 Grubbs Road, Oroville, AP 27-15-3 was held as advertisedo Lynn Vanhart, director of environmental health, set out the background of the petition. The petition is in order. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to tfie Board. On motion of Supervisor Moseley, seconded by Supervisor Richter and unanimously carried, the petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at 3565 Grubbs Road, Oroville, AP 27-15-3; zoning: A-5, for Robert Ea Adams was approved for a period of one year. 78-1301 PUBLIC HEARING: SRUNO CAMPOSTRINI - PETITION FOR VARIANCE TO SECTIONS 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME AT ROUTE 2, BOX 2758C, OROVILLE; ZONING: A-5 The public hearing on the Bruno Campostrini petition for variance to Sections 19-10 and or 19-12 of the Butte County Code for placement of a mobile home at Route 2, Box 2758C, Orovi.lle was held as advertised. Lynn Vanhart, director of environmental health, set out the background of the petition. The petition is in order, Hearing open to the public. Appearing: No one. Hearing closed to the public and confire d to the Board, On motion of Supervisor Moseley, seconded by Supervisor Richter and unanimously carried, the petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at Route 2, Box 2758C, Oroville,zoning: A-5 for Bruno Campostrini was approved for a period of one year. 78-1302 DISCUSSION: ALLOWING PETITIONS TO SECTIONS 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE_FOR PIACEMENT OF A MOBILE HOME TN ALL ZONES REGARDLESS OF WHETHER THEY ARE DESIGNATED FOR MOBILE HOMES Discussion o£ allowing petitions for variances to Sections 19-10 and/or 19-12 of the Butte Covnty Code for placement of a mobile home in all zones regardless of whether they are~,desagnated for mobile homes held at this time. Page 62. July 18, 1978 July 18, 197$ Bettye Blair, interim planning director, stated that at the present time these petitions for variances axe only allowed, in zones allowing mobile homes. The matter is to be discussed later in the meeting, 78-1303 PUBLIC HEARING: SOLANO RAIL CAR CO. - DENIED NEGATIVE DECLARATION AND REZONE FROM "A-2" (GENERAL) AND "A-R" (AGRICULTURAL RESIDENTIAL) TO "M-2" (HEAVY INDUSTRIAL) PROPERTY' LOCATED ALONG THE SOUTHERN PACIFIC. RAILROAD RIGHT-OF-WAX FROM BAGGET MARYSVILLE ROAD SOUTH TO.OPHIR ROAD, IDENTIFIED AS AP 35-210-O1, 35-220-1, 35-220-2., 36-16-i4.,,AND 36-27-20 (PORTION)., CONTAINING 10.0 ACRES, MORE OR LESS, OROVILLE: CONTINUED FROM JUNE 20. 1978 The public hearing on the Solano Rail Car Co. denied negative declaration and rezone from "A-2" (general) and "A-R" (agricultural residential) to "M-2" (heavy industrial) property located along the Southern Pacific Railroad right-of-way from Baggett Marysville Road south to Ophir Road, identified as AP 35-210-01, 35-220-1, 35-220-2, 36-16-14, and 36.-27-20 (portion}, containing 10.0 acres, more or less, Oroville was held as continued. Earl Nelson, environmental review director, set out the background of the checklist for the negative declaration. There are a number of potential effects. The request is for a rezone to M-2 to the railroad right-of-way. This would be to allow repair of railroad cars. The environmental effects would include the physical effect of storage. Mr. Nelson stated that he has been advised that storage could occur without the rezone. That right to store would be continued regardless of the rezoning. Some of the impacts are associated with the physical appearances of rail cars.. In addition to the appearance, there is a potential problem with welding and noise. It was the evaluation that the noise factor would not be greater than the surrounding railroad operation. In the southern portion the residences are a number of feet from the tracks. There would be a much lower level of noise. There was mention. of the £act that children could play on the cars if not properly supervised, The applicant felt that parents should supervise their children. Nornially a conditional negative declaration is not recommended unless it is a PA-C zoning. However; in this case, the M-2 contains a provision for the requirement of a use permit. Mr. Nelson stated that he was suggesting that the Board make the finding that the use falls in the use permit category and a use .,permit be required for this use. The negative declaration could be approved on this basis. Mr. Nelson read th.e list of suggested conditions. Mr. Nelson stated that he had received a call this morning from the attorney for the applicant. He indicated they are planning to modify the request so the rezone would effect the southern most 1,500 feet. Chairman Winston stated that the M-2 zoning goes to the center of the track at the present time, Mr. Nelson stated that a portion of the zoning proposal is in industrial and a portion in residential on the general plan. It appears that the southerly portion may be within the residential designation on the land use map. Supervisor Richter stated that he did not understand why a negative declaration was recommended, Mr. Nelson felt that the mitigation measures required with the use permit would eliminate or reduce the impacts to an acceptable level. They have a right to store the cars whether the rezone is approved or not. Page 63. July 18, 1978 July la, 197a Supervisor Richter questioned Mrs. Blair regarding the contiguous provision in the general plan. Does the zoning also run along the entire area down the center of the track. This is in a residential area. Bettye Blair, interim planning director, stated that the zoning line does not go down the centerline. On the zoning map the line is south of the intersection of the railroad right-:of-way and Meyers and Lincoln. The track is outside of the M-2 zone. Hearing on the negative declaration open to the public. Chairman Winston stated that the Board has received several of the comments that are on file regarding the people who spoke at the Planning Commission hearing. This is regarding the concern for the noise. Appearing: ', 1. Stanley Sedor, attorney representing Lincoln Street property owners and other adjacent property awnerso Mro Sedor stated that Mr. Leclerc had called him and indicated that Salano Rail Car was requesting the rezoning be withdrawn. If the zoning proposal is going to be withdrawn, why is the Board concerned with the environmental impact study. 2. Rauo1 Leclerc, attorney representing Solaro Rail Car. Mr. Leclerc stated that Mr. Girdler, a principle officer in the company, was also present. Mr. Leclerc moved to modify the request regarding the rezone to only effect that portion of the rail line that extends north from Ophir Road 1500 feet. Discussion of the present zoning in the area had at this time. The area between Lincoln and the railroad track south of the cemetery is residential. The area west of the railroad is M-2 zoning. Mr. Leclerc-set out the job of the rail overseer. The cars along the track must be chained to the track, The operation of the project would be in the daytime only. The welding would be shielded, Tt is proposed to have no night lighting on the area. The only significant matter would be the storage of box cars. This is an asthetic item only. There would be only one real screening deviceoc:c;That would be trees that would require water, The report indicates the noise levels are within tolerance. The glare can be shielded. The area will be paved to cut down on the dust problem. Mr. Sedor stated that there is one individual in particular that will be adversly effected in the southern 1500 feet of that line whether or not the rezoning is gxanted. Mr. Sedor showed slides that he had taken of the site. Work is being done on both sides of the box cars. Mr. Sedor felt that an ETR should be required. This would show that Solaro Rail Car has to do their heavy work outside of the confines of their business. There will be a change in the quiet enjoyment of the residences. No one can deny the use of the track and the right-of-way. The project would take an abandoned right-of-way and turn it into a welding yard. 3. Bill Langlin. Mr, Langlin stated that he lived in the last 1500 feet that is being discussed. He is opposed to the rezoning. His house is about 200 feet from the cars, The noise is bad. If the project is approved there is going to be a lot of noise and dust. Mr. Langlin felt that an ETR should be required, Work has been going Page 64, July 18, 1978 July 18, 1978 on in the area for three monthso This has been done during the day. Mr. Langlin objected to the use even in the day. 4. Jack Lowe. Mr. Lowe..stated that the line has not been used for storage. Mr. Lowe has lived in the area for about ten yearso During those ten years about two trains have gone down the track. Historically, there has never been storage of cars on those tracks. 5. James Banos. Mr. Bonos stated that the area looks like a dump. If anything happens in the area there would be no exit from the area due to the storage of the cars. Mr. Leclerc felt that a procedural problem has come upo He believes that every person in the room had believed that the zone line went down the center of the tracks. During all of the proceedings and through the environmental review this was believed to be true. The hearing at the Planning Commission was held under that assumption. He was not sure there is a method by which a correct line can be done. It requires a determination by the Soard of Supervisors. Tf the zone line is on the west side of those tracks for industrial uses, procedurally the project should be started over again. Discussion of zoning conflicts between the maps and the legal descriptions. held at this time. Del Siemsen, deputy county counsel, stated that if there is a conflict then the Board must make the decision. Mrs. Blair stated that there is no general plan designation on the railroad right-of-way. The hearing was continued to August 1, 1978 at 11:15 a.m. for making a determination of the actual zoning and proceeding with the hearing on both the negative declaration and rezone. RECESS: 10:30 a.mo RECONVENE: 10:40 a.m. 78-1304 WAIVE BUILDING PERMIT FEES FOR CONSTRUCTION - PIONEER VOLUNTEER FIRE COMPANY BUTLDING On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, the building permit fees for construction of the Pioneer Volunteer Fire Company building were waived, 78-1305 PUBLIC BEARING: DAVID WESTON - APPEAL OF CONDITION ~kl ON TENTATIVE PARCEL MAP, AP b2-04-54, FOUR LOTS, WEST SIDE OF ORO-QUINCY ROAD, THREE MILES NORTHEAST OF LAKE MADRONE The public hearing on the David Weston appeal of condition ~kl on tentative parcel map, AP 62-04-54, four lots, west side of Oro-Quincy Road, three miles northeast of Lake Madrone was held at this time. Clay Castleberry, public works director, set out the background of the appeal, This condition is to verify right to use Stephens Ridge Road, Hearing open to the public,, Appearing: No ones Chairman Winston read the letter from Mr. Weston dated July 7, 1978 regarding his appeal. Hearing closed to the public and confined to the Board, On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, the appeal of condition #1 by David Weston on tentative parcel map, AP 62-04-54, four lots, west side of Oro-Quincy Road, three miles northeast of Lake Madrone was denied. Page 65. July 18, 1978 July 18, 1978 78-1306 PUBLIC WORKS AUTHORIZED TO PUT SKYWAY AT OLIVER ROAD, PARADISE EXCESS PROPERTY UP FOR SALE. ON A NEGOTIATED BASIS WITH THE ADJACENT PROPERTY OWNER, MR. COVERSTON, WITH THE COUNTY APPRAISAL OF $5,600 BEING USED AS VALUE Continued discussion of the Skyway at Oliver Road excess property held at this time. Supervisor Richter stated that there is no question that the County has an obligation Eo' sell the property. It appears that there are two or three people that want to buy the property. Clay Castleberry, public works director, stated that the property that has already been sold by the County has been sold to the adjacent property owners with right of access. Kent Waddell, director of real estate for Jack-in-the-Box. Mr. Waddell stated that several people are against Jack-in-the-Box. If he .. is not mistaken the two people who headed up the petition against the Jack-in-the-Box are the same people who have sent the letters stating that they might want to buy the property. He would like to have the property but it is not necessary. Mr. Coverston also owns the property 60 feet south of the property in question. This has access out to Skyway. His company proposes to underground everything. They propose to install 40 percent landscaping. This property would be used for access. It would appear that the maximum size of a building if built on the property could be 15 feet wide. There is one point 20 feet wide between the existing utilities. They proposed to dedicate 3,500 feet on Oliver. The praposal is reasonable. If the County choses to retain the property, his company asks for right-of-way and would be willing to pay for the maintenance and curbs, gutters and sidewalks-_,and landscaping. His company would be willing to participate in a traffic signal. It was moved by Supervisor Lemke, seconded by Supervisor Madigan that the Department of Public Woxks be authorized to put the Skyway at Oliver Road, Paradise excess property up for sale on a negotiated basis with the adjacent property owner, Mr. Coverston, using the County appraisal of $5,600 for a value. Discussion of the motion held at this time, Mr. Castleberry stated that the appraisal included the exchange of property on Oliver Raad. The use permit conditions require that the property on Oliver Road be dedicated.' Considered separately the appraisal would be about $10,000. Supervisor Richter commented on Mr. Waddell's comment that the property was really not needed except for access. He also said that they really don't need the property. This is the strongest argument for putting the property out to public bido The exchange of property will not take place as the property has been required under the use permit to be dedicated to the County. The minimum bid has to be $10,000 and not $5,6000 The adjacent property owner is being given credit for an exchange that will not happeno Vote on the motion taken at this time. AYES: Supervisors Lemke, Madigan, Moseley and Chaixman Winston NOES: Supervisor Richter Motion caxries. Page 660 July 18, 1978 July 18, 1978 78-1307 APPEARANCE KATHARINE WHITNEY CHICO Mrs. Whitney read a prepared statement.regarding the formation of the drainage district for the Highway 32 area. The statement was submitted to the Clerk for file. Mrs. Whitney requested that the engineering firm of McCain and Associates be relieved from the contract for the drainage district. 78-1308 APPEARANCE: MRS. HOWARD DANENHAUSER OROVILLE Mrs. Danenhauser spoke regarding abatement of weeds. It seems that the County does not have an ordinance to handle this problem. This can create a fire hazard. Mrs. Danenhauser is willing to help in any way that she can. Chairman.Winston stated that Mr. Paulus is going to furnish the Board with figures regarding weed abatement. Mr. Nickelson is to notify Mr. Paulus that a memo is requested. A copy is to be sent to Mrs. Danenhauser. 78-1309 APPEARANCE• RON GRAVES OROV.CLLE AND RTCHARD HARDTN ATTORNEX AT LAW Mr. Graves spoke to the Board regarding the McLaughlin/Green Subdivision in Paradise. He-set out the background of the subdivision to refresh the Board's memory. This has been before the Board a number of times in the past. Mr, Graves asked that the Board approved the map so that it could be recorded. ban Blackstock, county counsel, asked Mr. Graves if the map had been filed with the Subdivision Review Committee so that the County could proceed on processing of the map. He also asked Mr, Graves if they had submitted a petition to modify the zoning. Mr, Hardin stated that the problem had been presented to the Board. The Board suggested that PID be contacted and approval from them was necessary. Chairman Winston stated that the Board suggested a compromise. At this stage, the Board is faced with the procedure. Mr. Hardin stated that after researching the County Codes, the Board could allow them to proceed with an amended tentative map. This would be found under Subdivision Section 20-0~ regarding exceptions. Mr. Hardin stated that he is asking the Board to give Public Works authorization to proceed under that sectiono Dan Blackstock stated that he did not believe the exception could be used. The Government Code says a subdivision cannot be approved if it is not consistent with the zoning. The Board could approve an interim ordinance to make a more restrictive zoning so this subdivision could be ,approved. The subdivision itself cannot be approved by the Board. It has to go to the Subdivision Review Committee. The parties are to meet with Counsel regarding this matter. 78-1310 APPEARANCE: JIM 70HANSEN, ASSISTANT AUDITOR Mr. Johansen stated that it is with deep regret that he was submitting his resignation as Assistant Auditor. Mr. Johansen stated that tee will treat this as a temporary situation and use the time to review legislation regarding the Auditor's Office and visit other Auditor's Officeso 78-1311 APPEARANCE: LT. KEN MICKELSON, SHERIFF"S_OFFICE ~Lt. Nickelson spoke to the Board regarding the action taken last week regarding the request Pay e a~ Diego County on the search and g July 18, 1978 July 18, 1978 rescueJoperationso Lt. Nickelson set out the search and rescue operation in Butte County. This is a volunteer group except for his salary when he is on dutyo The total cost came to about $1,300 and saved the County about $97,000. Lto Nickelson stated that he has been in charge of search and rescue for four years. At no time has the County been billed. There are many counties like Butte County. They have volunteer groups. There are other counties that have their own equipment and have paid personnel. Lt. Nickelson felt that the agreement that San Diego County had presented would be beneficial to the County. On motion of Supervisor Zemke, seconded by Supervisor Richter and unanimously carried., the action of July 11, 1978, minute order 78-1244 regarding reimbursement for search and rescue operations was rescinded an the County joins with San Diego County in seeking compliance of ail counties to informally agree not to exercise their respective rights of Government Code Section 26614.5 concerning reimbursement for search and rescue opexations and the matter was referred to CSAC for consideration of lobbying for a change in the Government Code. 78-1312 PUBLIC HEARING - 1978/79 BUDGET AND FINAL HEARING ON REVENUE SHARING The public hearing on the 1978/79 budget anal final hearing on revenue sharing was held as advertisedo Hearing open to the gublic. Appearing: No one, The hearing is continued to July 25, 1978 at 11:00 a,m, 78-1313 APPROVE VARIANCE RENEWAL - GRACE BURLESON On motion of Supervisor Lemke, seconaed by Supervisor Madigan and unanimously carried, the renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at Route 2, Box 433, Durham, AP 40-14-44, zoning: A-5, was approved far Grace Burleson for a period of one year, 78-1314 PUBLIC HEARING DATE SET A gublic hearing date of August 1, 1978 at 9:45 a.m. was set for consideration of W. D. Battenfieid petition for variance to Sections 19-ZO and/,or 19-12 of the Butte County Code for placement of a mobile home at Route 2, Box 359, Durham, AP 40-09-34, zoning: A-S. 78-1315 APPROVE 208 PLANNING GRANT CONTRACT FORA SEWER STUDY TN THE PARADISE AREA Lynn Vanhart, director of environmental health, stated that this has been before the Board before, The final contract needs to be,approved. There were questions from Counsel and the Auditor. Mr. Vanhart stated that if the contract was approved it should be subject to counsel and Auditor's approval, The study is for the community of Paradise. The project should include the boundaries of the Paradise Irrigation District and the Magalia Water District. Tt will not reach any further. A gublic hearing can be done through the existing agency in Paradise. This could be brought before MAC and the Magalia County Water District Board. Item ~k4 says ', that the Board shall consider and adopt and submit an action plan to correct existing problems. This could be a long range program. The amount of the contract should be reduced from $25,000 to $24,95b. The amount required for chemical testing has been estimated between $3,500 to $5,000. This is for chemical analysis the County is unable to do in-house. Tt was movea by Supervisor Richter and seconded by Supervisor Lemke that the contract for the federal 208 Planning Grant for a sewer study in the Paradise area be approved with the County's share up to $2,500 in the contract; with change in paragraph 4 on subsection A, Page 68. July 18, 1978 July 18, 1978 page 3 of 5 to read as follows: The County Board of Supervisors shall consider recommendations pursuant to this agreement; with the change in paragraph I of subsection B, page 3 of 5 to reflect $24,950; with the change in paragraph 4 of subsection B, page 3 of 5 to reflect $4,950; with the addition in paragraph E, page 4 of 5 to reflect that the Director of Environmental Health will be the Project Director for the County. Discussion of the motion held at this time. Mr. Larry Pierson, State Water Quality Control Board, commented on the reason for the wording in the contract. The intent is to get' a committment that the County will matte a good faith effort. There are several options that could arisen It could require different types of zoning or a septic districto Mr. Pierson will take the changes back to Sacramento. Vote on the motion at this time. AYES: Supervisors Lemke, Madigan, Moseley, Richter and Chairman Winston NOES: None Motion carries. 78-1316 ACCEPT INCOME FROM DRUG ABUSE PREVENTION SERVICES, APPROVE DRUG PREVENTION SERVICES CONTRACT WITH ~ STATE IN THE AMOUNT OF $15,964 Dr. Svihus stated that the contract is for control of drug abuses It is hard to measure prevention. Supervisor Richter stated that the reason he questioned the program was that at the State level there has been criticism of the funding. for the program. Ted Klem~et out what the program does. There are five influencing factor that people take drugs; TV, peers, school environment, community environment and the family. Every kid in the County will be confronted with a decision as to whether to take drugs or not. This will happen when adult counselors, teachers, parents, etc. are nat around. The program deals with peer pressure and tries to focus on behavior. The question that is being asked is how do you define that what you do made same difference. It is impossible to determine on a short term basis. Along term evaluation is the only basis for comparison. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the income from the drug abuse prevention services was accepted; the drug prevention services contract with the State in the .amount of $15,964 which is 100% state and federally funded for the 1978-79 period was approved. and the Chairman authorized to sign. -RECESS: 12:10 p.m. Rt;CONVENE: 12' 14 p.m. 78-1317 APPROVE COUNTY SERVICE AREA 34 (GRIDLEY SWIMMING POOL) MAINTENANCE CONTRACT FORA PERIOD OF ONE YEAR On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, the County Service Area 34 (Gridley Swimming Pool) maintenance contract with the Butte County Fair Association was approved for a period of one year. 78-13i8_APPROVE AIR QUALITY CONSULTANT CONTRACT WITH EARTH METRICS, INC. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the air='qual-icy consultant contract with Earth Page 69. July 18, 1978 July 18, 1978 Metrics,~Inc. was approved; $5,500 appropriation was authorized from the reserve and the Chairman authorized to sign contract. 78-131.9 ADOPT RESOLUTIONS 78-121, 78-122, 78-123 AND 78-124 AWARDING SALE OF REAL PROPERTY On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, the following resolutions and quit claim deeds awarding sale of surplus county property to Gerald N. DeRoco were adopted and the Chairman authorized to sign: Resolution 78-121 - Control Sale No. 7 Resolution 78-122 - Control Sale No. 8 Resolution 78-123 - Control Sale No. 9 Resolution 78-124 - Control Sale No. 10 78-1320 APPROVE 1978-79 PLACEMENT RATES FOR REHABILITATION FACILITIES AND HOMES TO BE USED BY PROBATION AND WELFARE DEPARTMENTS Clif Mickelson, administrative officer, set out the various homes that are on the list. There have been some changes since SB 54. The State will pick up 95% of the costs of these placements. If there have been any cost increases in the homes since June 6 the State will not pick up any of the increase. Mre Mickelson recommended approval of the list as submitted. The Board should require on the three most expensive homes that the Welfare and/or the Probation Departments give documentation to show that they made an effort to locate the ward in a less expensive home before allowing location in the three homes. This would be with the understanding that the rates will be the same as in effect when Proposition 13 was passed, Bob Crisan, welfare director, set out how the homes are chosen. The Social Worker makes the deterioration of where the ward can best be served. This recommendation is taken to the Utilization Committee for approval. Mr. Mickelson stated that the Holly Acres home has told his office that they will return their rates back to preJune rates. On motion of Supervisor Lemke, seconded by Supervisor Moseley and carried, the 1978-79 placement rates for rehabilitation facilities and homes .to be used by Probation and Welfare Departments were approved as follows: 1. California Youth Authority diagnostic contract in the amount of $1,505 per month and the Chairman authorized to sign. 2, California Youth. Authority "CZ" contract in the amount of $1,635 flat and the Chairman authorized to sign. 3. Bar-O-Boys Ranch Contract, rate 5 beds at $395 per month per boy ($1,925 per month flat}. 4. Bachmann Hi11 School, rate $804 per month as needed. 5. Boys Republic, rate $875... per month as needed. 6. Children's Home Society, rate $525 per month as needed. 7. Fairhaven Home (for unwed mothers), rate $874 per month as needed (plus an additional $123 for each infant in the program). 8. Holly Acres, rate $1,030 per month as needed, Page 70. July 18, 1978 July 18, 1978 J _ 9. Stanford Lathrop^Memorial Home, rate group homes, $1,345 per month as needed; treatment centers, $1,909 per month as neededo 10. Stepping Stones, rate Stepping Stones I, $1,491 per month as needed; Stepping Stones II, III and TV, $1,231 per month as needed. 11. Vierra Foster Home, rate $250 per month. as needed. with the stipulation that:,~he Welfare and/or Probation Departments will give documentation to show that they made an effort to locate the ward in a less expensive home when requesting placement in one of the three most expensive homes. AYES: Supervisors Lemke, Madigan, Moseley and Chairman Winston NODS: Supervisor .Richter Supervisor Richter stated that he was voting no on the motion because there is an indication that the rates tend to be arbitrary. 78-1321 ADMINISTRATIVE OFFICER TO CONTACT FACILITY MANAGEMENT FIRM TO COME BEFORE THE BOARD TO MAKE A PRESENTATION RE: DATA PROCESSING FACILITY MANAGEMENT CONCEPT Clif Nickelson, administrative officer, stated that in line with the Board`s discussion of several weeks ago to take a look at an alternative to data processing this matter was placed on the agenda. The Board could consider the concept of data processing facility management, Mr; Nickelson asked for authorization to contact a data processing facility management firm to come before the Board to make a presentation. Tf after listening to the presentation the Board believed the facilities management concept would be an advantage, they could authorize the Administrative Office to send out a request for qualifications to a group of companys in that business. When these are received a committee could be set up to review and decide which companies the Board might want to come. After this if everything looks advantegeous the Board could enter into a contract with a facilities management consultant. Administrative Officer to contact a facilities management firm to appear before the Board. 78-1322 APPROVE BUDGEfi TRANSFERS On motion of Supervisor Moseley, seconded by Supervisor Lemke and unanimously carried, the following budget transfers were approved: B-275 Federal Revenue Sharing - District No. 5 Allocation. Transfers $2,500 from unallocated appropriation to Paradise Library heating and cooling to cover anticipated increase cost of HVAC at the Paradise Library in accordance with action of the Board of Supervisors on June 27, 1978; Minute Order 78-1199. B-1 Supplemental Manpower Program - CETA Title III - YETP. Transfers $2,394 from training reimbursements and $36,561 from participants stipend, with $37,100 going toward extra help and $1,855 to employee benefits in order to establish appropriations within the program to provide for the change in the out-of-school program from OJT to summer career employment experience program. 78-1323 APPROVAL OF SALARY SCHEDULE AND SALARY INCREASE RETROACTIVE TO JANUARY 1, X978 RE: GRANT AUGMENTATION APPROVAL FOR EOC PUT OVER TO JULY 25, 1978 ~.. Tt was moved by Supervisor Moseley, seconded by Supervisor Lemke that the salary increase retroactive to January I, 1978 and salary schedule ' for EOC as outlined in grant augzuentation be approved. Page. 71. July 18, 1978 July 18, 1978 Discussion of the motion held at this time. Supervisor Richter asked if the Board felt that there would be any problems with the approval of a salary increase for EOC employees in view of the situation with the rest of the employees and the possibility of asking them to wprk 40 hours. Clif Nickelson, administrative officer, stated that he had the same concexns. The Soard took similar action for the Head Start personnel. These people are funded by federal money. The implementation plan includes the EOC Director, The Board is going to have to decide what it wants to do, whether the salary ordinance should be amended to give the EOC Director a raise and none of the other department heads, or whether to take the EOC Director out of the salary ordinance. The Board has never set the salaries of the EOC employees. Discussion of degreening had at this time. Motion withdrawn. The matter is continued to July 25, 1978. 78-1324 REFUND OF FILING FEES FOR HENRY GILBERT, CANDIDATE FOR MARSHAL OF CHICO JUDICIAL DISTRICT TOTALING $369,28 CONTINUED TO JULY 25, 1978 It was moved by Supervisor Lemke, seconded by Supervisor Madigan that the filing fees for Henry Gilbert, candidate for Marshal of the Chico Judicial District, in the amount of $369.28 be refunded. Dan Black stock, county counsel, asked that the matter be continued until a written opinion is issued from his office. Motion withdrawn. The matter is continued to July 25, 1978. 78-1325 DENIEDE`s TREASURER-TAX COLLECTOR ITEMS On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the following requests for penalty relief were denied: 1. James H. Ceiley, AP 62-40-30. ', 2. Jean Fanell, AP 46-67-25. 78-1326 T2ISCUSSION: BTiI RETROACTIVE INCREASE - WELFARE DEPARTMENT Bob Crisan, welfare director, stated that he had sent the Board a memo on the BHI retroactive increase. The State has indicated they will provide funding for those who they have made agreements with the facilities. There are two or possibly three individuals that the County would have had to spend general assistance funds on. The State will pick up the cost. The procedures have been modified. 78-1327 APPROVE PUBLIC WORKS ITEMS On motion of Supervisor Richter seconded by Supervisor Madigan and unanimously carried, the following Public Works items were approved: 1. Waived the second reading of the ordinance reducing the speed limit on Elliott Road; adopted Ordinance 1946 and the Chairman authorized to-sign. 2. Approved the following right-of-way acquisition agreements for sale; authorized the Chairman to sign; and authorized the Auditor to issue warrants upon demand of county's escrow agent: Page 72. July 18, 1978 July 18, 1978 Pearson Road ~~57422-76-2 John Babcock,-et ux 0.043 $700 0 $700 Pearson Road ~F57422-76-2 Scott Arnold White 0,017 152 -- 152 3. Approved additional minor grading in an amount not to exceed $500 which would provide fox future expansion of the Superior Court parking lot; with the funding coming from revenue sharing. 4. Approved contract change order No. 1, paving of pathways on Elliott Road, Project dF58431-78-2 in the increasing amount of $19,648.47 which provides for completion of filling in ditches with fill material and placing dike along the road to allow the paving of the pathways and the Chairman authorized to sign. 5, Accepted the work of John H. Franklin for the paving of pathways on Elliott Road, Project ~k58431-78-2; accepted<:the work>of Robnson.Constructon:Cor:for the Nelson Avenue, Project ~k29353-77-1; authorized the Chairman to sign notices of completion and directed the Clerk to record said notices of completion. 6. Approved contract change order No. 1, Chico walkways, Project ~~CW-77-1 in the increasing amount of $1,300 providing for constructing a retaining wall along the back of a sidewalk along a property on East Avenue-and authorized the Chairman to sign. 7. Accepted the improvements for Shasta Estates Subdivision; authorized release of performance bond and labor and materials bond and commenced the one-year maintenance period, 8. Approved Meadow Estates Subdivision map; accepted public utility easements and Meadow Road, Rush Court, and Grass Court as shown on the subdivision map and offered for dedication and granted in fee; authorized Chairman to sign subdivision agreement. 9, Adopted Resolution 78-125 of intention ordering the formation of the Meadow Estates Street fighting Maintenance District and the Chaixman authorized to sign. 78-1328 APPROVE NEGATIVE DECLARATION, ENVIRONMENTAL STATEMENT FOR SKXWAX FAS PROJECT ~~X742(1): AUTHORIZED ENVIRONMENTAL REVIEW DIRECTOR TO FILE NOTICE OF DETERMINATION WITH CLERIC AND STAT_E_CLEARINGHOUSE - APPROVE PROJECT Clay Castleberry, public works director, stated that the County should be able to advertise the project the first or second week of Auguste Earl Nelson, environmental review director, set out the background of the negative declaration. Notice has been published. The Board must hold a hearing on the negative declaration before it can be adopted. The traffic is going to increase whether the project is built or not. The level of air pollution will decrease. The environmental concern regarding the weeds have been mitigated, Hearing on the negative declaration open to the public. Appearing No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the negative declaration was adopted with the findings that the project will not have a significant effect; it has been found that the overall project will not have a significant effect upon the environment for the following reasons: ' Page 7-3~~, July 18, 1978 July 18, 1978 1. There will be no significant change in the location or function of the existing roadway. Existing traffic volumes will increase with or without the project until congestion levels are reached, The four-lane facility is expected to allow the Skyway to carry an additional 10 to 15% more traffic than the existing two-lane facility could provide in 1997. 2. No changes are anticipated in the character or composition of traffic. 3e No living units, businesses or other structures will be removed and no persons will be displaced. 4. No schools, parks, recreational areas or historical areas will be effected. 5. The project will not effect wildlife breeding, nesting or feeding grounds. 6o No significant effect on air or water quality is expected diie to the projecto 7. No significant inducement to planned growth is expentEd because of this project. 8. There will be no significant increase in noise levels caused by the project. approval of the project was recommended and the Eauironmental Review Director was authorized to file the notice of completion with the Clerk and State Clearinghouse. 78-1329 RECONFIRM AUTHORIZATION TO INSTALL CONCRETE OVERFLOW SECTION ON THE RIVER ROAD AT THE BALLARD HOUSE On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the authorization to install concrete overflow section on the River Road at the Ballard house was reconfirmed. 78-1330 AUTHORIZE TRANSFER OF SB325 FUNDS FROM CLARK ROAD PROJECT TO PEARSON ROAD PROJECT SUBJECT TO BCAG APPROVAL On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, the transfer of SB325 funds from the Clark Road project to the SB325 funds for the Pearson Road project was approved subject to BCAG approval. 78-1331 BUTTE COUNTY PLANNING COMMISSION - PROPOSED GENERAL PLAN CHANGE FROM "TIMBER MOUNTAINOUS TERRAIN" TO "INDUSTRIAL" PROPERTY LOCATED ON THE SOUTHWEST CORNER OF ROBINSON MILL ROAD AND LA PORTS ROAD, CONTAINING APPROXIMATELY ONE ACRE, EAST OF OROVILLE - SETTING OF PUBLIC HBARING TAKEN OFF AGENDA At the request of Bettye Blair, interim planning director, the setting of a public hearing for the Butte County Planning Commission proposed general plan change from "timber mountainous terrain" to "industrial" property located on the southwest corner of Robinson Mill Road and La Porte Road, containing approximately one acre, east of Oroville was taken off agenda. 78-1332 PUBLIC HEARING DATES SET The following public hearing dates were set to consider Planning items:.___: Page 74a July 18, 1978 July 18, 1978 1. A public hearing date of August 15, 1978 at 10:15 a.m. was set for consideration of the Jay Halbert and Ward Bailey proposed negative declaration and rezone from "A-YO" (agricultural, ten acre parcels) to "SR-1" (suburban residential, one-acre parcels) property located on the southwest corner of Oak Park Avenue and Rose Avenue, identified as AP 42-21-17, containing five acres, more or less, Chico. 2. A public hearing date of August 1S, 1978 at 10:45 a.m. was set for consideration of the Durham Pump Shop proposed negative declaration and rezone from "A-5" (agricultural, five acre parcels) to "M-1" (light industrial) property located on the south side of Durham Highway at Jones Avenue, identified as AP 40-20-4, 53, 54 and 55, containing five acres, more or less, Durham. 3. A public hearing date of August 22, 1978 at 9:30 a.m. was set for consideration of the Butte County Planning Commission proposed negative declaration and rezone from "A-2" (general) and "interim R-N" (residential-nonconforming) to "R-N" (residential-nonconforming), "C-2" (general commercial), "M-1"(light industrial) and "P-Q" (public-quasi public) property located south of the Oroville City Limits, east of the Southern Pacific Railroad right-of-way, west of the east line of Sections 17 and 20, T19N, R4E, NIDB&M and north and west of Lincoln Street, Myers Street and Ithaca Street. 4. Aapublic hearing date of August 22, 1978 at 9:45 a.m. was. set for consideration of the Butte County Planning Commission proposed negative declaration and rezone from "A-2" (general) to "TM-40" (timber mountain 40 acre parcels} property located approximately 1/2 mile north of Binet Road, approximately one and one-half miles northeast of La Porte Road, identified as AP 73-21-08. 78-1333 REPORT TO THE BOARD REGARDING RICHARD W. JONES - DENIED NEGATIVE DECLARATION AND REZONE FROM "A-5" {AGRICULTURAL, FIVE ACRE PARCELS) TO "SR-1" (SUBURBAN RESIDENTIAL, ONE ACRE PARCELS) PROPERTY LOCATED ON THE NORTHEAST CORNER OF DAYTON DURHAM HIGHWAY AND BURDICK ROAD, IDENTIFIED AS AP 39-24-40 CONTAINING 22.6 ACRES, MORE OR LESS,,, DURHAM Report to the Board regarding Richard W.~~Jones denied negative declaration and rezone from "A-5" {agriculture, five acre paroles) to "SR-1" (suburban residential, one acre parcels) property located on the. northeast corner of Dayton Durham Highway and Burdick Road, identified as AP 39-24-40, containing 22.6 acres, more or less, Durham. Information. A public hearing date of August 15, 1978 at 9:45 a.m, has been set. 78-1334 AUTHORIZE PLANNING DEPARTMENT TO REPRINT 100 COPIES OF THE BUTTE COUNTY GENERAL PLAN FOR AVAILABILITY TO THE GENERAL PUBLIC AT COST OF PRINTING On motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, the Planning Department was authorized to reprint 100 copies of the Butte County General ,Plan for availability to the general public at a cost of printing. 78-1335 WAIVE FEES FOR VARIANCE HEARING AND AUTHORIZE PLANNING DIRECTOR TO USE THE ENTERPRISE RECORD TO ADVERTISE-THE HEARING TO BE HELD ON AUGUST 2, 1978 BEFORE THE BOARD OF ZONING ADJUSTMENT RE: FIREHOUSE ON COUTELENC ROAD AND THE CHANGE TN THE SETBACK ON THE REAR LOT LINE Bettye Blair, interim planning director, stated that variances are categorically exempt from environmental review. On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, the fees for a variance hearing were waived; the Planning Director was authorized to use the Chico Enterprise Record to advertise the hearing to be held on August 2, 1978 before the Board of Zoning Adjustment on the variance-to:change in setback on the rear lot line for firehouse on Coutelenc Road. Page 75. July 18, 1978 July 18, 1978 78-1336 AUTHORIZE BRINGING BACK OF ORDINANCE TO ALLOW PETITION FOR VARIANCE TO,SECTTONS. 19.-ZO AND./OR Z9.-12 OF THE BUTTE COUNTX CODE UNDER HEARING PROCEDURES IN RESIDENTIAL AREAS Supervisor Richter stated that the petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on property is a very good thing. This is for care of parents. This enables younger people to take care of their parents. Supervisor Richter suggested that the policy be changed to allow these variances with a public hearing to place mobile homes in alI zoning areas. At the present time they ark only allowed where mobile homes are allowedo They should also be allowed in residential areas where there are conventional homes. Chairman Winston stated that he was opposed to this as single family residences are entitled to protection. On motion of Supervisor Richter, seconded by.Supervisor Moseley and carried, an ordinance to allow a petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home after public hearing procedures in residential areas was authorized to be brought back to the Soard. AYES: Supervisors Lemke, Madigan, Moseley and Richter NOES: Chairman Winston 78-133.7 APPOINTMENTS CONTINUED TO JULY 25, 1978 The following appointments were continued to July 25, 1978: 1. Appointments to the Housing and Community Development Advisory Committee. 20 Appointment to the Butte County Council for Senior Citizens. 3. Appointment to the Human Services Advisory Commission, 78-1338 SUPERV.CSOR MADIGAN AND STAFF TO ATTEND WATER RIGHTS LEGISLATION SYMPOSIUM ON GOVERNORS RECOMMENDATIONS AUGUST 30, 1978 AT WOODLAKE INN. SACRAMENTO Supervisor Madigan and staff are to attend the water rights legislation symposium on Governor s recommendations on August 30, 1978 at the Woodlake Inn, Sacramento. 78-1339 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Richter will attend the meeting on Wednesday in Alturas regarding the nutrition services. Chairman Winston referred to a memo from Jim Rackerby, personnel director, regarding the implementation of Judge Houghton's request that , her salary increase be donated and used for a law library in Chico. It agpears that the request could be implemented, Chairman Winston stated that there was a memo from Jim Rackerby, personnel director, regarding the 40-hour work week suggestion. Supervisor Richter stated that it would be very unfortunate if the Board were to ask the County employees to take no raise and ask them to work more hours. at the same time. He is opposed to this< 78-1340 ADOPT RESOLUTION 78-126 SUPPORT OF SAN BERNARDINO COUNTY RESOLUTION RELATIVE TO SALARIES OF JUDGES IN THE STATE OF CALIFORNIA On motion of Supervisor Moseley, seconded by Supervisor Madigan and unanimously carried, Resolution 78-126 supporting San Bernardino County's resolution relative to salaries of judges in the State of California was adopted and the Chairman authorized to.sign. Page 76. July 18, 1978 July l8, 1978 78-1341 DISCUSSION AUDITOR'S MEMO: MOTION TO REFER ACTIONS OF AUDITOR TO GRAND JURY FOR THE PURPOSE OF ERERCISING BOARD'S POWER OF GENERAL SUPERVISION WITHDRAWN:;MOTION TO REDUCE SALARY OF AUDITOR TO ONE PERCENT OF PRESENT SALARX FAILS ', Discussion of the Auditor's memo had at this time, Supervisor Lemke stated that the Soard has a responsibility to see that all departments run as they should be whether it is elective office or not. Dan Blackstock, county counsel, stated that if the Board felt that the Auditor had acted imprudently, they could call the Auditor before them and "ask him to correct it. The Board has no power to remove. The Grand Jury could come in with an accusation which would be tried in Superior Court, It was moved by Supervisor Lemke that the actions of the County Auditor be brought to the attention of the Grand Jury newly impounded for the purpose of exercising the Board's power of general supervision. Discussion of the motion had at this time, There is a time aspect. This could take longer than January 1, 1979. Supervisor Richter suggested that the County consider the Administrative Office and the Board of Supervisors hiring Jim Johansen in order to evalue what goes on. Secondly, that the Auditor be paid commensurate with the good that he does. Motion withdrawn. It was moved by Supervisor Richter, seconded by Supervisor Madigan that the Board reduce the Auditor's salary to one percent of his present salary. AYES,: Supervisor Madigan and Richter NOES: Supervisor Lemke, Moseley and Chairman Winston Motion fails. 78-1342 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Chairman Winston stated that the discussion of changes in working conditions must be negotiated so they must be discussed in executive session. Chairman Winston stated that the Board has a copy of the Butte County Planning Commission minutes regarding burning regulationso Information; no action taken. EXECUTIVE SESSION: The Board recessed at 1:20 p.m. to-hold an executive session regarding litigation and personnel matters. RECONVENE: The Board reconvened at 1:55 p.m. following an executive session regarding potential litigation and personnel matters. 78-1343 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Chairman Winston announced that on July 25, 1978 at 1:30 p.m. the Board will be having a meeting with EDAW regarding the NOI hearings before the Energy Commission. During the meeting there will be several matters of interest discussed relative to the PG&E coal fired plant. Supervisor Madigan stated that the Chico Enterprise Record received a notice of a hearing on Monday evening at 7:00 p.m. regarding the study and survey regarding riparian rights and vegetation rights on the Sacramento River. Page 77. July 18, 1978 July 18, 1978 Supervisor Madigan asked that an item be placed on the agenda for next week. .This is concerning the problems between the Reclamation Board and the U. S. Army Corp of Engineers. This can affect both Butte and Shasta Counties. Supervisor Madigan commented on a story that appeared in the newspaper regarding the Grand Jury telling the Board of Supervisors to visit all of the offices in Shasta County. Supervisor Madigan reported that the Area Disabilities Health Council has voted to leave their bylaws as they are. Supervisor Madigan stated that he had talked to a group of water attorneys about the possibility of bringing a lawsuit to protect the bank protection interests along the Sacramento River, The Nine Northern. Counties will support this action. Supervisor Moseley stated that she was impressed with the San Diego County resolution relative to state mandated programs. RECESS There being nothing .furthe before the Bo rd at thi time the meeting was recessed at 2:02 p. . to reconvene o Tuesda , July 25 1978 at 9:00 a,m. ATTEST: CLARK A, NELSON, COUNTY C ERK _ 1 By -sots Page 78. July 18, 1978