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HomeMy WebLinkAboutM073179July 31, 1979 OF CALIFORNIA ) SS. OF BUTTE ) 79- The Board of Supervisors metC:at 9:00 a.m. pursuant to recess. ~ Present: Supervisors Dolan, Moseley, Winston and Chairman Lemke. Clif Mickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board. Absent: Supervisor Wheeler. ' Pledge of Allegiance to the Flag of the United States of America Invocation by Supervisor Moseley 1242 (APPROVAL OF MINUTES Supervisor Dolan stated that on July 24, 1979, minute order 79-1217 Mr. Clemons made the statement attributed to Nina Lambert, planning commissioner, to the effect she was satisifed there was no need for a mobile home park. Supervisor Dolan stated that what Ms. Lambert said was she felt that when the balance was made between a mobile home ark in an orchard and the orchard producing produce that she made her eciaion on that reason. On motion of Supervisor Winston, seconded by Supervisor Moseley nd carried, the minutes of July 24, 1979 were approved as mailed. 1243 AUTHORIZE PURCHASE'OF FURNITURE FOR CETA OFFICE IN NEW ADMINISTRATION BLDG On motion of Supervisor Moseley, seconded by Supervisor Winston and carried, purchase of furniture for the CSTA Office in the new ' Administration Building with CETA Administrative funds. 1244 AUTHORIZE CONTRACT RENEWAL BETWEEN COUNTY AND STATE COOPERATIVE PERSONNEL SERVICES FOR E%AMINATION MATERIALS On motion of Supervisor Winston, seconded by Supervisor Dolan nd carried, contract renewal between the county and State Cooperative Personnel Services for examination materials for the period commencing ctober I, 1979 through September 30, 1982 was authorized. 1245- OPT RESOLUTION 79-151: INCREASING CASH DIFFERENCE FUND - CHICO MUNICIPAL OURT On motion of Supervisor Winston, seconded by Supervisor Moseley nd carried, Resolution 79-151 increasing the cash difference fund for hico Municipal Court from $25 !to $50 was adopted and the Chairman ' uthorized to sign. 1246 BLIC HEARING DATES SET ' The following public hearing dates were set: 1. A public hearing date of August 21, 1979 at 10:00 a.m.'',was et for consideration of a per parcel service charge of $9.26 far County ervice Area No, 13 (Paradise lighting), 20 A public hearing date of August 14, 1979 at 11:15 a.m. was et for consideration of a per parcel service charge of $4.25 for County ervice Area No. 37 (Gridley Ambulance). 1247 APPROVE AGREEMENT - BROWN BROTHERS ADJUSTERS - LIABILITY CLAIMS On motion of Sugervisor Moseley, seconded by Supervisor Winston and carried, the agreement with Brown Brothers Adjusters to continue their services in adjusting .liability, claims through 3une 30, 1980 in an;9mount not to exceed $5,000 was,. approPvade.axld the...ChairmanAuthorized to sign. g • July 31, 1979 I July 31, 1979 79-1248 APPROVE BUDGET TRANSFERS b On motion of Supervisor Winston, seconded by Supe rvisor Dolan. and carried, the following budget transfers were approved; B-201 - Public Works - Transyo~tation Svste_ms. This transfer increases the appropriation of the subsidized-Oroville~taxi system in. the amount of $20,000 with funding as follows: City of Oroville, $7:5,000 and fare-box ticket sales, $5,000. 8-202 - Welfare Administration. Increases the appropriation for homemaker program extra help, $138,678,45, employee benefits, $5,164.02; and direct homemaker payment, $22,766.70. Total amount of the transfer is $176,609.17 with funding coming from unanticipated state welfare revenues. B-203 - Public Works. This is the year end closing transfer for all sub-departments in Public Works for 1978-79. Transfers $219,890,64 between various departmental surplus accounts and increases the road, reserve in the amount of $326,496. B-204 - Fire Protection. This is the year end' closing transfer for fire protection wherein $33,604.43 is transferred between various departmental accounts and $15,735.50 is transferred from the unallocated FMC 74-4 department. Total amount of the transfer then is $49,339.93. B-205 - Building and Subdivision, This is the year end transfer closing out the Building and Subdivisions Inspection budget for 1978:-79 and transfers $59,453°26 beL~aeen various departmental accounts. B-206 - Animal Control. This is the year end closing transfer for animal control for 1978-79 and transfers $10,312.44 between various departmental accounts. B-207- Welfare Administration. This is the year end closing entry for the Welfare Department for fiscal year 1978-79 and transfers a total of $85,804066 between various departmental accounts. 8-208 - Welfare Aids and General Relief, This is the yearend closing transfer for Welfare Aids and General Relief for the 1978-79' fiscal year which transfers $118,843.49 between various departmental accounts. 8-209 - Library Services Grant. This is the end of the year losing entries for the Library Services Grant for the fiscal year 1978-79 which transfers $319.70 between various departmental accounts, 8-210 - Library. This is the closing transfer for the Libxary for the 1978-79 fiscal year which transfers $35,314,41 between various departmental accounts. B-2i1 - General. Fund Operatinc Departments. This is the end of the year closing transfer for the 1978-79 fiscal year for General-!Fund Operating Departments and transfers a total of $417,446.36 of which $37,398.88 comes from the reserve. B-212 -General Revenue Sharing. This is the end of the year closing entries for 1978-79 for the Revenue Sharing allocations and transfers $1,834.68 between various pro3ect allocations. 8-213 - Public Works - Transportation Systems. This is the end of the year closing entries fox 1978-79 for the Public Works Transportation Systems and transfers $1,208.9b between various departmental accounts. Page 2 0 July 31, 1979 July 31, 1979 79- 1249 1250 1251 B-214 - Data Processing. This is the end of the year closing entry for 1978-79 for the Data Processing Center and transfers ,$7,620.30 between various departmental accounts and together with unanticipated data processing revenue of $12,759.04 provides for a total transfer of $20,379.340 Primary reason for the need for transferring funds is because of increased unanticipated EMC 74-4 allocated costs. B-215 - Count Support Service Departments, This is the end of the year closing entries for 1978-79 for County Support Service Departments. Total amount of the transfer is $748,818.32 with $696,107.77 being transferred between various departmental accounts and $52,710.55 transferred to the reserve. B-001 - Agriculture. Transfers $7,465 from the reserve to agriculture services in order to provide an appropriation to cover the cost of chemicals and sprays in alleviating the grasshopper infestation. A budget transfer was made in the last fiscal year but invoices were received too late to encumber funds against that appropriation. B-002- Community Action Program - OEO - Summer Food Program far Children. This transfer establishes a $15,493 appropriation to set 'up the 1979 Summer Food Program Grant from July 1 through August 31, 1979 as approved by the U.S. Department of Agriculture. B-003 - Community Action Program - Summer Youth Recreation Program. This transfer establishes a $10,000 budget appropriation for the EOC 1979 Summer Youth Recreation Program for the period June 1, 1979 through' September 30, 1979 as approved by the Community Services Administra€ion. B-004 - Community Action Program - Housing Winterization Program. Transfers $1,800 from space costs and rentals and $900 from consumable supplies; with $946 going towards salaries, $343 to benefits, $551 fo rents and leases of equipment and $860 to other costs. This transfer was approved by the State Office of Economic Opportunity on June 21„ 1979. DISCUSSION AND ADOPTION OF REHABILITATION POLICIES - HOUSING AND COMMUNITY DEVELOPMENT - CONTINUED TO AUGUST 7, 1979 AT 10:00 A.M. The discussion and adoption of rehabilitation policies for Housing and Community Development was continued to August 7, 1979 at. 10:00 a.m. REAL PROPERTY' DISPOSITION OF 3466 COLUMBIA, OROVILLE - HOUSING AND COMMUNITY DEVELOPMENT TAKEN OFF' AGENDA Consideration of real property disposition of 3466 Columbia, Oroville for Housing and Community Development was taken off the agenda. PUBLIC HEARING DATE SET A public hearing date of August 21, 1979 at 10:00 a.mo for consideration of Leo H. Si der petition for variance to Sections 19-i10 and/or 19-12 of the Butte County Code for placement of a mobile homelon AP 72-40-21, 9433 Woodleaf Star Route, Orovilleo Zoning: "MR" 1252 ~APPROVE_DRUG PREVENTION SERVICE CONTRACT (409_GRANT~_PLTBLIC HEALTH On motion of Supervisor Moseley, seconded by Supervisor Dolan and carried, the renewal contract with the State of California to provide drug abuse prevention services during 1979-80 with. the amount of the'. contract to be $15,916 in income to cover the cost of a drug counselor's salary and related benefits was approved and the Chairman authorized'to sign. Page 3. July'31, 1979 July 31, 1979 79- 1253 d 12 54 1255 1256 1257 1258 1259 1260 AUTHORIZE DISCHAI~ FROM ACCOUNTABILITY - COUNTY HOSPITAL ACCOUNTS On motion of Supervisor Moseley, seconded by Supervisor Dolan and carried, discharge for accountability for 214 old accounts totalling $6,342.08 was authorized in accordance with Government Code Section ',25257. APPROVE REHABILITATIVE SERVICES AGREEMENT - MENTAL HEALTH On motion of Supervisor Dolan, seconded by Supervisor Moseley and carried, the agreement with the State Department of Rehabilitation in ire amount of $9.805 for the state to provide employment rehabilitative services for alcoholic clients with the term of the contract for 1979-80 was approved and the Chairman authorized to sign. DENY REQUEST FOR PENALTY RELIEF - MAISIE SMITH On motion of Supervisor Moseley, seconded by Supervisor Winston and carried, the request for penalty relief for Maisie Smith for AO 13-OOlb4 was denied. APPROVE PUBLIC WORKS ITEMS On motion of Supervisor Winston, seconded by Supervisor Dolan and carried, the following Public Works items were approved: 1. Accepted improvements, authorized release of performance bonds and labor and materials bonds and commenced the one year maintenance period for Ward Subdivision located on East Avenue, Chico. 2. Approved Normandy Gardens final subdivision map, accepted public utility easements, drainage easements and road easements as shown on the subdivision map and offered for dedication and authorized the Chairman to sign the subdivision agreement. PUBLIC BEARING DATE SET A public hearing date of August 21, 1979 at 10:15 a.m. was set .f or consideration of Mark Risso (McCain Associates) proposed rezone on which an EIR has been certified, from "A-2" (general) to "M-2" (heavy industrial) property located on both sides of Meyers Street, Edgar Slough, approximately 400 feet west of Park Avenue, Ghico. WAIVE FIRST READING OF ORDINANCE CLARIFYING SECTIONS 21=85 and 21-90 DF THE BUTTE CCUNTY CODE RELATING TO THE ESTABLISHMENT OF CHARGES IN COUNTY SERVICE AREAS FOR MISCELLANEOUS E%TENDED SERVICES On motion of Supervisor Dolan, seconded by Supervisor Moseley end carried, the first reading of the ordinance clarifying Sections 21-85 and 21-90 of the Butte County Code relating to the establishment of charges in county service areas for.miscellaneous extended services was wai^vedo SPPOINTMENT OF TENANT REPRESENTATIVE TO BUTTE COUNTY HOUSING AUTHORITY CONTINUED TO AUGUST 7. 1979 The appointment of the tenant representative to the Sutte County Housing Authority was continued to August 7, 1979. On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, the following were appointed to the Child Health and Disabil: Prevention Program Advisory Board: Pat Warren Robin Nichols, M.D. Scott Smith, D.D.S.. Dorothy Dean, P.H.N.. Loraine DeGraff, P.H.N. Shirley O'Brian _ Joan Spaeth Page Social worker: member Physician member Dentist: member School nurse member School nurse member Parent member Parent member 4. July 31, 1979 .Tiny 31, 1979 79- 1261 COMMUNICATIONS $ Theresa Cook, president, RCRC. The supervisor writes inviting ,Butte County to become a member of the Regional Council of Rural Counties. To be considered at budget time. Ron Graves, civil engineer, Oroville. The engineer, on behalf of Jess Brasier, appeals the Advisory Agency's condition ~k2 on traversable access standards for a tentative pa reel map, AP 71-08-95,96 and 97, nine parcels, 20 acres or more each, located in the Bidwell Bar area. Set for hearing August 21, 1979 at 10:30 a.m. Mro and Mrs. Willard Smith, Chico. The Smiths write requesting a.refund of $3,024 paid for a drainage fee on AP 39-39-68. See motion fallowing communications, Dorothy L. Subke, Paradise. Ms. Subke writes in support of the proposed Paradise incorporation. Information; to be discussed later in the meeting. Ripley, Williams, Underhill, Meister, Atherton, Graham,•Barthelson and Rush. All have written in.,support of funds for libraries',in Paradise, Chico and Gridley. Information; na action taken:. John D, Drake, Chico. Mr. Drake writes in support of past Planning Commission and Board of Supervisors' decision on zoning of Entler Avenue. Information; no action taken. William H. Callaway, mayor, City of Biggs. Mr. Callaway writes requesting $15,000 of revenue sharing funds to implement an underground storm drainage project. To be added to the requests for revenue sharing funds. George A. Hynes, Mason-McDuffie Company. Mason-McDuffie Co. withdraws their claim for refund of penalties accrued on taxes at California Park, Chico. Information; no action taken. Stanley Sedor, attorney at law. The attorney, on behalf of Darline Road, files a claim for $100,000. See motion following communications. Arturo A. Marquez, attorney at law. The attorney, on behalf of Virg?.nia Inong, request a waiver of time to submit a late claim fore $10,000,000 for personal injuries. See motion following communications. Frederick Ja Weitkamp, Granada Hills. Mr. Weitkamp files a claim for excess tax sale proceeds filed in accordance with Revenue and Taxation Code 4675 for AP 71-01-068, 71-01-084 and 71-01-070. Referred to the Tax Collector. Les H, Cohen & Associates. Information is provided on behalf of the Regional Council of Rural Counties regarding SB 894 concerning general plans. Referred to Counsel for review of the letter in context with the bill itself and report back to the Board.' U.S. Department of the Interior. The Bureau of Land Management is inviting public comment on proposed guidelines for identifying and designating areas'o£ public lands where special management'is needed. Information; no action taken. S. & T. Logging, Inc. The company appeals condition of two-way traversable access 16 feet wide on tentative parcel map. Set for hearing August 7, 1979 at 10:00 a.m. Page 5. July 31, 1979 79- 1262 1263 1264 1265 12fi6 1267 1268 _ _ _ _ _ _ July 31, 1979 _ Jan Carnarius, Paradise. Mr. Carnarius requests an eighteen month extension for puttnng in improvements for Paradise Imported Car Service on the corner of Foster and Oakmont, Paradise,, AUTHORIZE REFUND OF DRAINAGE FEE - MR. AND MRS. WTLLARD SMITH On motion of Supervisor Moseley, seconded by Supervisor Dolan and carried, refund of drainage fee in the amount of $3,024 for AP 39-39-68 to Mre and Mrs. Willard Smith was authorized. REJECT CLAIM - DARLINE ROOD On motion of Supervisor Moseley, seconded by Supervisor Winston and carried, the claim of Darline Rood in the amount of $100,000 was rejected as not timely filed .and referred to Counsel and Risk Management Coordinator. DENY RELIEF FOR FILING OF LATE CLAIM - VIRGINIA INONG On motion of Supervisor Winston, seconded by Supervisor Dolan and carried, relief for filing of late claim of Virginia Inong in the amount of $10,000,000 for personal injuries was denied and referred to Counsel and Risk Management Coordinator. AUTHORIZE JAN CARNARIUS TO SIGN COVENANT WITH COUNTY FOR E7~TENSION OF 18 MONTHS TO PUT IN IMPROVEMENTS FOR PARADISE IMPORTED CAR SERVICE ON THE CORNER OF FOSTER AND OAKMONT, PARADISE On motion of Supervisor Lemke, seconded by Supervisor Winston and carried, San Carnarius was authorized to sign a covenant with the county for an extension of 18 months to put in improvements for Paradise Imported Car Service on the corner of Faster and Oakmont, Paradise. AUTHORIZE COMMENCEMENT OF HEARING TO DETERMINE WFIETHER PROTECTION OF THE GRAVE SITES FOR DURHAM CEMETERY IS_NECESSARY Supervisor Dolan stated that the Board had received a letter from County Counsel regarding the Durham Cemetery. There have been a lot of questions from the people about the cemetery and the condition and how protection of the grave sites can be achieved. Mr. Blackstock has set out a way of holding a hearing to determine whether the protection is necessary. She felt this was serious enough for the Board to set a hearing. On motion of Supervisor Winston, seconded by Supervisor Dolan and carried, commencement of hearing to determine whether protection of the grave sites for Durham Cemetery is necessary was authorized. EXTEND DOG LICENSING FOR TWO WEEKS BEYOND NORMAL DEADLINE On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, dog licensing was extended for two weeks beyond the normal deadline. Dan Blackstock, county counsel, clarified the ordinance regarding the two year licensing. The ordinance was designed so that a person would have the option Co either buy a one-year or a two-year dog license. ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Moseley wondered what had happened regarding the railroad car business owned by Mr. Girdner. Supervisor Winston stated that Mr. Girdner is making legal use of that railroado There is nothing the county can to to force him to move the cars. He suggested and~Mr. Girdner met with the individual who has protested. He has left space between the cars. Supervisor Moseley stated that Mr. Ferdus should be sent a letter advising him of what is going on regarding the Don Tourte use permit and the requested zoning d~ianges. Page 6. July 31, 1979 79- 1269 1270 July 31, 1979 Chairman Lemke stated that he had received a'l~t'ter from $i11 LeQuire requesting that his drainage deposit be returned. He has a' letter from Mr. Hamby, his neighbor, that allows him to let the water flow across Mr. Hamby's land. The letter was referred to Counsel and Public Works for a report back. EXECUTIVE SESSION: The Board recessed at 9:35 a.m. to hold an executive session regarding litigation and meet and confer. RECONVENE: The Board reconvened at 9:56 a.m. following an executive session regarding litigation and meet and confer. Nothing to announce regarding litigation. APPROVE AGREEMENT BETWEEN BCEA AND BUTTE COUNTY LAW ENFORCEMENT OFFICERS ASSOCIATION On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, the agreement between BCEA and Butte County Law Enforcement Officers Association was approved and the Chairman authorized to sign. RECESS: 9:58 a.m. RECONVENE: 10:07 a.m. PUBLIC HEARING: RUDY RiNDLISBACHER - ABANDONMENT OF A PORTION OF PUTNAM AVENUE IN PALERMO - CITRUS TRACT SUBDIVISION ~~4 - CONTINUED TO AUGUST 28, 1979 AT 10:15 A.M. The public hearing on Rudy Rindlisbacher abandonment of a portion of Putnam Avenue in Palermo - Citrus Tract Subdivision ~~4 was held as advertised. Bettye Blair, planning director, set out the background of the abandonment. The petition was signed by ten property owners stating there is no need €o~ the road. The Board has copies of the minutes and ecommendations. Hearing open to the public. Appearing: Nick Garcia. Mr. Garcia stated that he owned property in the area and was also representing Mr. Ray Ensa1 who owns the property adjacent to Mr. Rindlisbacher. This abandonment might conflict with Mr. Ensal's plans to se 11 the property. He is contemplating a lot split. This road is vital to the lot split. Mr. Geddis did a survey on Grubbs Road and found that it is not where it is suppose to be. He showed the Board a proposed parcel map showing the irregularity of the property. The parcel is 11.62 acres. There is'future development p1a~d in the area. Clay Castleberry, public works director, stated Chat it is shown on the OWID maps and most of them were dedicated on the map rather than fee title ownership. He recommended that the Board not abandon the road if the protest is being made by the adjacent property owner. Mr. Garcia stated that maybe he would be able to discuss the matter with Mr. Rindlisbacher and see if some type of agreement could be reached. The hearing was continued to August 28, 1979 at 10:15 a.m. 1271 ABOPT RESOLUTION 79-152 PUBLIC HEARING: J. W. KINNAMAN - ABANDONMENT OF PUBLIC UTILITY EASEMENT,_LOTS IO AND I1, UNIT 4, PARADISE PINES The public hearing on J. W. Kinnaman abandonment of public utility easement, lots 10 and 11, unit 4, Paradise Pines was held as advertised. Page 7, July 31, 1979 79- July 31, 1979 Bettye Blair, planning director, set out the background of the abandonment. It is in order. Hearing open to-the public. Appearing: No one. Hearing closed to the public and confined to the Board. 1x72 On motion of Supervisor Dolan, seconded by Supervisor Winston and carried, Resolution 79-152 abandoning a public utility easement, lots 10 and 11, unit 4, Paradise Pines was adopted and the Chairman authorized to sign. ADOPT RESOLUTION 79-153: PUBLIC HEARING LAWRENCE C. CATO - ABANDONMENT OF PUBLIC ROAD. PARCEL A, WAH00 PARK_SUBDTVISION, OROViLLE The public hearing on Lawrence C. Cato abandonment of public road, parcel A, Wahoo Park Subdivision, Oroville was held as advertised. Bettye Blair, glanning director, set out the background of the abandonment. It is in order. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. 1273 i On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, Resolution 79-153 abandoning public road, parcel A, Wahoo Park Subdivision, Oroville was adopted and the Chairman authorized to ' signo RECESS: 10:21 a.m. RECONVENE: 10:36 a.m. PUBLIC HEARING: CAL/AMERICAN LAND EXCHANGE, INC., AP 56-05-42, JOHN W. TURNER, AP 46-71-O1; WILLIAM SCOTT DAMS, JR., AP 56-05-35; APPEAL OF CONDITIONS RE: 60-FOOT ACCESS ON TENTATIVE PARCEL MAPS IN FOREST RANCH AREA The public hearings on the following were held at this time: 1. Cal/American Land Exchange, Inc. appeal of Advisory Agency's condition ~~7 concerning verification of 60-foot legal access to a public maintained road, AP 56-05-42, three lots, east of State Highway 32 between Big.- and Little Chico Creeks, one-half mile south of Ten Mile House'Road, Forest Ranch area. 2. John W. Turner - appeal of condition ~k5 (legal access) on a tentative parcel map, AP 46-71-01, four parcels, nnrtheast corner of Highway 32 and Santos Drive between Ghico and Forest Ranch. 3. William Scott Davis, Jr. - appeal of condition to a tentative parcel map regarding legal access requirements, AP 56-05-35, two parrcels, located east of Highway 32, Forest Ranch. Clay Castleberry, public works director, set out the background of the appeals. These are divisions on Highway 32 northeast of Chico. They are located along the freeway. Mro Hays is asking that the maps be approved on a temporary basis using a narrower access which they'. have agreed to be closed when the Santos Drive problem has been resolved. Mr. Hays came before the Board and the Board could not act because 'the time had lagsed. Mr. Hays took the parcel maps back through the Advisory Agency which were conditioned according to county ordinance that required 60-foot access to county road,.- He would. like to use a temporary 20':to 15 Page 8. July 31, 1979 July 31, 1979 79- a foot gate to the north. Mr. Castleberry had to recommend that the ordinance be upheld but if the Board approves the appeal he would underst"and and hoped the condition could be resolved. It might be possible that the state would change the freeway agreement and allow access on Highway'32 at some other place than Santos Drive. Hearing open to the pub,l~c. Appearing: Dan Hays< Mr. Hays stated that he was representing all three applicants. Mr. Hays stated that as far as he knew there had been nothing done regarding a cash settlement with Dr. Harris on the right-of-way for Santos Drive. Dan Black stock, county counsel, stated that they would have to wait for a court decision regarding the litigation that has been started. Whether the court will agree that Santos Drive is a public road, he did not know. This litigation will not create county ownership. It will be a public road. The county requirement is gain 60 feet of access to a public road. The nearest public road is Highway 32. The applicants have legal access to the public road. This access narrows down to 20 feet at the opening at the county gate. By gaining the use of Santos Drive at a later time they would meet the requirement at that time. Mr. Hays stated that they use Santos Drive at this time. He did not think the access on the other area would have anything to do'with safety. The gate sits off the highway about 40 to 50 feet back from'. the encroachment on the highway. Mr. Castleberry did not think the state would approve the narrower access as a public road. Only the county can request public road approaches. Mr. Hays stated that he has applied for two encroachment permits from the state. One-has been received and the other has been held in abeyance so that the environmental aspects can be studied. Mr. Santos constructed the road but never got the deed to the county. As far as he state is concerned Santos Drive is a public road. A lot of people have purchase property through the state opening gate. This is the basis they are requesting a temporary access. He had been advised by Public Works that Santos Drive was a county road before he purchased property in the area. Hearing closed to the public and confined to the Board, Mr. Castleberry stated that he could not recommend the change without the knowledge that something was to be done on Santos Drive.' Tf he was a property owner he would be doing the same thing the applicants are doing. Supervisor Winston stated that the worst thing that could happen is that the Santos Drive situation would never be reconciled", If this happened then the county could approach the state and ask that they move the access 110 feet easto Mr. Castleberry stated that the county could ask the State: Transportation Commission to make another public road approach with this 20 foot road which would then make it a 60 foot road. He was sure the state would say No. Another alternative would be to ask the state to abandon the public road approach at Santos Drive. It was moved by Supervisor Winston, seconded by Supervisor'Moseley that the appeal of Cal/American Land Exchange, Inc., John W. Turner and William Scott Davis, Jr. be upheld on the condition that the 20 foot access to Highway 32 be abandoned and closed when the Santos Drive entrance'', situation is rectified and an encroachment permit is obtained. Page 9. July 31, 1979 79- b July 31, 1979 Supervisor Winston felt that the Board had to take this action so that the pressure will force this county to take some action to provide decent access on Highway 32. Supervisor Dolan stated that she would perfer that the Board proceed with asking that Santos Drive be abandoned and changed. Vote on motion: AYES: Supervisors Moseley, Winston and Chairman Lemke NOES: Supervisor Dolan ABSENT: Supervisor Wheeler Motion carried. 1274 PRESENTATTON BY .TTM HATTER, FARMERS HOME ADMTNTSTR4TION, RE: GRANT)30R EL MEDTO DTTCH PROJECT - HCD Ward Connerly, ;Connerly and Associates, introduced Mr. Jim Hatter, E`armers Home Administration. Mr. Hatter stated that there are conditions fora loan of $12,500 and a grant of $276,000 for the E1 Medio ditch. He viewed the area this morning. It is needed. The funds will not be available until October 1, 1979. Af that time, he would be able to approve the loan and grant. The loan would be at 5% interest for 40 years. The Board thanked Mr. Hatter for making the presentation. 1275 Present: Supervisars Dolan, Moseley, Winston and Chairman Lemke. Clif Mickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk, by Nancy Wilson, deputy clerk. Absent: Supervisor Wheeler. PUBLIC HEARING: CLOYD K. PEARCE -APPEAL OF CONDITION 6 ON TENTATIVE PARCEL MAP, AP 40-16-56, TWO PARCELS ON THE WEST SIDE OF LOTT ROAD, APPROXIMATELY 800 FEET NORTH OF CUMMINGS ROAD, DURHAM The public hearing on Cloyd K. Pearce appeal of condition 6 {permanent solution for drainage) to tentative parcel map, AP 40-16-56, two parcels located on the west side of Lott Road, approximately 800 feet north of Cummings Road, Durham was held as continued. Clay Castleberry, director of public works, set out the background on the appeal. He : indicafed Tony Weber,- representing the owner, would speak on the improvements of the master storm drainage plan that he was working on and Gordon Shield representing the engineer. The parcel is east of Esquon Road in Durham.• One of the conditions the Advisory Agency placed on this parcel was to provide a permanent solution to drainage. He stated there is a need in the winter far a better system and this is being worked on. The owners have agreed to construct their home I'~ feet above the ground level. He stated counsel has said until you have a plan you cannot put a few individuals on such a plan as many times they cannot feasibly provide a system. Hearing open to the public. Appearing: 1 . Gordon Shields, Hamby ,Engineering, stated the owners. will Page 10. July 31, 1979 79- v July 31, 1979 pay their fair share to form a drainage district. At the present^time it is not possible and according to the engineer Mr. Weber is doing a study for the drainage problem. 2. Tony Weber, Bob' Guth Engineering, is studying the Durham are storm drainage problem-and sees no problem with this parcel. The area soil is Vina Loam and has high perculation. There was no problem originally with drain- age on this land, the rain runs off the ravine into the channel, He felt the only way to solve this problem was by an assessment district. Hearing closed to the public and confined to the Board. On a motion by Supervisor Dolan, seconded by Supervisor Winston. and carried, that the zoning was established in 1973 one acre minimum and no future splits can be accomplished and hearing words from the owner that they are in acceptance with the drainage district, recommend that the condition 6 for permanent solution for drainage be waived arnd•the appeal be upheld. CONTINUED HEARING: BUTTE COUNTY LAW ENFORCEMENT OFFICERS ASSOCIATION -APPEAL PURSUANT TO SECTION 11 .9 OF THE PERSONNEL RULES, THE DETERMINATION OF THE PERSONNEL DIRECTOR TO RECOGNIZE THEIR ASSOCIATION AS AN EMPLOYEE ORGANIZATIOhI REPRESENTING PEACE OFFICERS !N THE COUNTY T e continued hearing of the Butte County Law Enforcement Officers Association appeal, pursuant to Section 11.9 of the Personnel Rules, the determination of the Personnel Director to recognize their association as an employee organization representing peace officers in the county was held at this time. 1276 Hearing open to the public. Chairman Lemke stated the Board has taken action to ratify the contract between the County Law Enforcement Officers Association and the .BC EA agents. Appearing: 1. Kenneth Klassen, president Butte County Law Enforce- ment Officers Association, stated both executive boards met last Friday to ratify and the Association supports it. 2. Robin Suzanne appeared for Julie Panattoni who is president of BC EA and they find with the Boards approval. Hearing closed to the public. Action closed. ADOPT RESOLUTIONS 79-154 to 79-158 RE: MEYERS STREET ASSESSMENT DISTRICT NO.1 Robert Brunsell, bond counsel, set out the background of the proposed assessment district. He stated the hearing had been held previously and wanted to clarify the Environmental Review has been completed and notice of determination has been filed With the Clerk of the Board. 1277 On motion by Supervisor Dolan, seconded by Supervisor Moseley and carried, the Board has Ceviewed the Environmental Review report and finding there is no significant importance in this project and the notice of determination be signed today. Yage 11. July 3l', 1979 79- b July 31, 1979 • - - - - - - - -_ -_ -_ -_ ~ -_ -_ -_ -_ - - - _- -_ -_ -_ - ~ -_ -_ -_ - - - - C - - On motion by Supervisor Dolan, seconded by Supervisor Winston and carried, to include those actions requested in regard .to the 'Meyers. Street Assessment District No. 1 as follows: 1 . Resolution 79-154 Ordering the work was adopted. 2. Resolution 79-155 Approving the plans and specifications was adopted. 3. Resolution 79-156 Directing the advertisement for bids was adopted. 4, Resolution 79-157 Fixing the rate of interest was adopted. 5a Resolution 79-158 Concerning liquidated damages and authorize the fi I ing of notice to contractors . was adopted . f UBLIC HEARII'~IG ~'i979=80 REVENUE SHARING BUDGET -CONTINUED TO AUGUST 7, 1979 AT 2:00 p.m. The public hearing for the 1979-80 Revenue Sharing Budget was held as advertised at this time. 1278 Hearing open to the public: 1 . Lymore Flynn, Chico. Spoke in favor of the Chico Library and was concerned that it has taken such a long time to get the project started. There is support from the City of Chico and with inflation there will have to be changes. She wanted'ner interests known to the Board. 2. Sandy Boyd, with Friends of the Library, urged the Board to consider starting the new library soon. 3. Joe McGee, Gridley, reminding the Board the people in Gridley qre very interested in having a new library as the present one is small and was built around 1914. He has previously written to Supervisor Winston on this matter. 4. Bill Hood, Chico. He stated that both libraries are in regular use and the seating areas at both facilities are very limited. , Supervisor Winston stated he did not need to be remin+ded from people in Gridley or Chico of the great needs for a new library, The hearing was closed to the public.; The hearing will be continued until August 7, 1979 at 2:00 p.m. at the time of the 1979-80 budget hearing. APPEARANCE: FRANK MEYERS Mr. Meyers,S~eniorGitizens of Palermo. Their organization has been trying to take care of the Palermo Community Center for some time and requested if it was going to be disposed of they would like to know the costs of insurance, maintainance and if there were any taxes as they would like to take over the care of this building. 1279 Clif Mickelson, administrative officer, stated he was the one who had proposed disposing of the property because of costs to maintain it. Page 12. July 39, 1979 79- b July 31, 1979 _ - - - haft Environmental fmpactR•eport and General Plan Land Use Element was held at •his time. ©an Slackstock, county counsel, stated the Planning Commission was got ready to report back to the Board at this time. It is his recommendation that a new hearing date of August 28, 1979 be set as they only had a partial report •eady and the Board should wait until they have a complete report. Clif Mickelson, administrative officer, stated August 28, 1979 was open at 10:00 a.m. for a hearing time for the General Plan Land Use Element. The nap should be ready to present at that time also. Bettye 61air, planning director, suggested keep continuing the hearing until the immediate Tuesday following the Planning Commission meeting so they will ~e prepared. Chairman Lemke stated it was a closed hearing. Rae Wheeler, planning cornmission chairman, submitted possible changes to the current text. Possibly change Rural Residential category to more thoroughly address agriculture in this category and Yo elevate agriculture to the primary consideration it deserves. On page 48~-line 1, change category tv "Agriculture-Residential" . line 4, elevate "Agricultural/Uses" to primary use. line 6, delete "Agricultural Uses" from secondary uses. Cline 12, site designation criteria -Add "within existing land divisions of 1-40A" line 15, #3 -less than 30° slopes -Add "and 15°for dwellings" line 35, #4 -Add "Non-conflicting" effects on adjacent uses, etc. Chairman Lemke felt they had heard the public hearing portion and he would hesitate to take action on an issue of this importance without anyone thinking they did not have a shot at what they were proposing. He asked if there was anyone present that had anything important they would like to add to the text. John Stutz, Chico, stated he didn't have anything new but felt there were a few things in the text the Board should consider changing. He had given a list to Supervisor Wheeler of suggested changes and she had not submitted them or distributed them to the rest of the Board. Mr. Blackstock stated that Planning was working on the rewriting of the open space element. Chairman Lemke suggest Mr. Stutz detail the changes and submit i•hem to either Supervisor Wheeler or address a mema to the Board before the August 28, 1979 meeting. Supervisor Winston stated at the previous hearings they had gone page by page and line byline through the text and at that time they had accepted every- thing and felt it was not necessary to go back through the text. RECESS: The Board recessed at 2:20 p.m. to reconvene at 8;00 p.m. for the Paradise incorporation hearing in the Paradise Justice Court, 747 Elliott Road, Paradise . Page 14 . July 31•, 1979 79- a 1280 1281 July 31, 1979 Supervisor Moseley suggested the group get together with county officials and discuss the different possibilities available in their group assuming the responsibilities of the hall. Dan Blackstock, county counsel, stilted if they could all meet during this week, they could possibly have an agreement back on the agenda for next week. There would be discussion during budget time on the figures suppFied by Administration if the maintainance and specifically the paving were included or they had been used up. APPEARANCE: DICK 13JORK Dick @jor(~ spoke in regards to the public defenders contract. He disagrees with counsels finding. He would like an unbiased opinion. Dan Blackstock, county counsel, stated he and Mr. Bjork do not agree on this contract. Chairman Lemke suggested contacting the Attorney General but counsel felt unless their is a definite question he did not feel contacting the Attorney General was a wise decision. Mr. Blackstock stated he and Mr. ~ Bjork have a conflict of interest and they see the law in different ways. Supervisor Dolan stated she was previously to have met with Mr. Bjork but had not found a convenient time. Supervisors Dolan and Moseley are to meet with Mr. Bjork. APPEARANCE: RONALD MILLER Mr. Miller, Farm Bureau, stated they were concerned about the threat of the Air Centro! taking over. He felt it was a personal ity conflict between Bandy and Austin. He had a copy of a letter mailed to Governor Brown he presented to the Board. He stated the regular staff in Berkeley is willing to work with our group to help us. Chairman Lemke stated they had invited Mr. Austin to come to Butte County to discuss the air pollution problem with the Board. Mr. Miller would like to be notified when Mr. Austin is scheduled to appear. RECESS: 11:36 a.m. RECONVENE: 2:07 p.m. ADDITIONAL MATTER There was a memo from the Assistant Clerk to the Board wanting. clarifi~ cation. on a motion to make a possible hearing date for the Durham Cemetary Dan Blackstock, county counsel, stated the motion was to have him bring back to the $oard next week a resolution calling for a hearing on the matter. CONTINUED CLOSED HEARING -BUTTE COUNTY PLANNENG COMMISSION - DRAFT ENVIRONMENTAL IMPACT REPORT AND GENERAL PLAN LAhfD USE ELEMENT TO BE CONTINUED TO AUGUST_2_8, 1979 AT 10:00 A.M. The continued closed hearing for Butte County Planning Commission 'Page 13. July 37 , 1979 July 31, 1979 v c____= o c o 0 0 o c o 0 0 e= ~ o a .- o c c c - c a v es 79- RECONVENED: The Board reconvened at 8:00 p.m, in the Paradise Justice $ Court and moved to the Paradise Park. Present: Supervisors Dolan, Moseley, Winston and Chairman Lemke. Clif Nickelson, administrative officer; Dan Slackstock, county counsel, and Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board. Absent: Supervisor Wheeler. ADOPT RESOLUTION 79-159: PUBLIC DARING: CONSIDERATION OF REORGANIZATION AND INCORPORATION OF THE AREA INCLUDED IN THE PARADISE FIRE PROTECTION DISTRICT The public hearing on consideration of reorganization and' incorporation of the area included in the Paradise Fire Protection District was held as advertised. Chairman Lemke stated that the Soard is working on the recommendation from LAFCo. The original committee by LAFCo recommended that incorporation was viable form of government for the Paradise area. The committee recommended to LAFCo that the boundary be the PID, Magalia Water District and Del Oro Water Company. LAFCo deemed it would be wiser to recommend the boundaries of the Paradise Fire Protection District which is the same as the PID boundaries plus 17 acres in the north. The Board will consider one of three items: 1) Whether to say No; 2) to say yes on ',the ballot with the recommendation as it stands with only Paradise Fire District boundaries; or 3) send back to LAFCo with the recommendation that the original boundaries be included. Hearing ogee to the public. Appearing: 1. Maurice Norman. Mr. Norman read a letter regarding incorpora- tion. He felt that the eastern border of the proposed incorporation should be the west branch of the Feather River. 2, Earl Bailey. Mr. Bailey set out what has happened to Paradise the last five .years. He stated that the figures in the study are correct, The thing not included in the figures is the possiblity of obtaining. grant money from the federal government. He set out the funds that have been ~eceived by other cities in the past year and one-half, A city has a much better opportunity than the county to obtain this type of funding. He felt that the boundaries should be the Paradise Fire District, 3. U. E. Withrow. Mr. Withrow read a letter opposing incorporation. 4. Lee Burnside. Mr. Burnside stated that he was in favor of incorporationo He felt that the Paradise Fire District boundaries should be those included in the proposed incorporation. 5. George Houghton. Mr. Houghton stated that he had been involved in all of the incorporation attempts in Paradise. He has been classed as opposing incorporation. In looking at the study there is only one board scheduled to be eliminated, There would not be much change as the other boards would still be there. 6. Harold Reagan, Mr. Reagan stated that he had looked at the study and did. not understand the figures. There are several alternatives regarding 'fire protection. Sill Turpin, administrative anaylst, stated that there are two different estimates for fire protection. The axenual expenditure for 'the upper ridge is $70,000. The estimate for fire protection includes the upper ridge. page 15. July 31, 1979 July 31, 1979 79- Mark Radabaugh, administrative analyst, stated that he assumed .hat Mr. Reagan was looking at the proposal made by Mr. Tolle. These were the figures given to LAFCo subsequent to the figures provided by .he Department of Forestry. Both figures in the study include the entire area. Mr. Reagan was against incorporation. 7. Harlan Duncan. Mr. Duncan stated that he was the chairman f the study group that requested LAFCo do the study. Paradise has a teat many problems. The problems are traffic control, high reliance n bailout funds for Paradise Fire District and planning and land use eing totally aut of control of local people. He urged that incorporation e approved. He asked that it be placed on the ballot for November.. 8. Bill Holding. Mr. Holding stated that he was in favor of ion. 9. Floyd Borland. Mr. Borland stated that if incorporation assed there would be a deficiency of staff to provide the services ecessary of good planning in the Paradise area. The study stated there ould be need for increases in taxes. Until there are figures on what t will cost for a city government people should beware of incorporation. 1Q. Don Halverston. Mr. Halverston-stated that when the country s asking for less government why were they talking about more government. 11. Alice Smith. Ms. Smith stated that she worked on the survey conducted by MAC, Of the 5026 who were contacted and responded there was onsiderable concern about traffic control and police protection in Paradise. She felt that these concerns would be taken care of with incorporation.. 12. Nancy Prestopino. Ms. Prestopino stated that she was against incorporation. She did not want any more pavement. She felt that the county government could take care of the problems. 13. Hi1as Ashley. Mr. Ashley stated that he was from the upper ridge. He spoke in favor of incorporation. He felt that the upper ridge should be included in the incorporation. 14. Woodrow Soulegh. Mr. Soulegh spoke in favor of incorporation. He felt that the issue should be placed on the ballot in November. He felt the boundaries should be the Paradise Fire District. The upper ridge could be annexed later if they wanted to be incorporated. 15. Colleen Muto. Ms. Muto spoke against incorporation. This be taking more money away from the taxpayers. 16. Earl Lihme. Mr. Lihme felt that the money to come to Paradise if it was incorporated should be used by the county for the area. 1Te wondered where all the money is going at the present time. He was against incorporation. 17. Bill Cutler. Mr. Cutler stated he was from the upper ridge. asked that the upper ridge be included in the incorporation proposal. 18. Steve Sutler. Mr. Butler stated that he was not for or against incorporation. He would like to have the opportunity to he able to vote on the matter. ~? Page 16. - Ju y'l8"~ 79 79- July 31, 1979 19. Lloyd Steel, upper ridge.. Mr. Steel stated that he was not for or against incorporation for Paradise. He was against incorporation for the upper ridge. The upper ridge is separated by a canyon. 20. Mrs. Harris. Mrs. Harris read a letter to the Board.'. S"ue felt the boundaries should be the Paradise Fire District. The upper ridge should not be included. She was in favor of incorporation. She presented a letter from Dr. Snyder in favor of incorporation, 21. Walt Hamilton. Mr. Hamilton asked if it was possible that the upper ridge could vote separately on the issue. He was advised that it could be done but would be very complex. Mr. Hamilton wanted to know if the Board would guarantee !the same services to the upper ridge if Paradise is incorporated. Chairman Lemke advised Mr. Hamilton that he could see of no reason to change. He doubted that the Board could guarantee the same service to any portion of the county depending on the fund balances. 22. Delbert Mayer. Mr. Mayer spoke in opposition to the incorporation of Paradise. He took a survey of 1,000 people in his business, .The response was 700 No, about 175 Yes and the remainder do not live in the areao He asked that the issue not be placed on !the ballot. 23. Ralph Memmero Mr. Memmer stated that he was against. incorporation. This was for both Paradise and the upper ridge, He agreed with LAFCo's recommendation that the upper ridge should not be included in the proposal. He felt that what was really needed was efficiency in county government. 24, Arlus Ridged Mr. Ridge stated that he was against any kind of incorporation for the upper ridge. 25. Ronald Fry. Mr. Fry stated that whether the people liked it or not this is becoming an.urban community. He felt that Paradise should be incorporatedo Local government services only receive about 20% of their revenue from property taxes. 26. Phillip Youngdahl. Mr. Youngdahl spoke against incorporation. He did not feel that Paradise was changing because of real estate and developers. It was changing because of the requirements imposed by government. 27. Julie Bloodsol. Ms. Blbodsol stated she was concerned with the quality of life in Paradise. She was in favor of incorporation. Paradise is facing many problems. 28. John Fitzwater. Mr. Fitzwater stated he was from the upper ridge. He did not what the Board to include the people that do not want incorporation. He was speaking of the upper ridge. 29. Roy Brooks. Mr. Brooks stated that there were a lot 'of people who were for and against incorporation. If the county wants to form a drainage district in Paradise they can do it. The people in- Paradise do not have anything to say about it. He felt that with incorporation the people would be able to have a say. He felt it should be placed on the ballot. Page I7. July 31, 1979 79- 3 _ _ _ _ _ _ _ _ _ July_31~1979_ _ _ _ _ _ -_ _ _ -_ -_ -_ _ -_ _ _ Chairman Lemke read a letter from tlae Paradise Chamber of Commerce giving the results of the survey taken on the issue. The Chamber of Commerce did not take a stand regarding incorporation. 30. Tex Gilletto Mr. Gillett spoke in opposition to the incorporation of Paradise. Hearing closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, Resolution 79-159 placing the issue of Paradise incorporation with the boundaries as set forth by L(3FCo on the November ballot was adopted and the Chairman authorized to sign. RECESS: There being nothing further before the Board at this time, the meeting was recessed at 9:45 p.m. to reconvene on Tuesday; August 7, 1979 at 9:00 a.m. Page 18. July 31, 1979