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HomeMy WebLinkAboutM082278August 22, 1978 RECONVENED: The Board reconvened at 9:00 a.m. pursuant to recess. Present: Supervisors Lemke, Madigan, Moseley, Richter and Chairman Winston, Clif Nickelson, administrative officer, by Mike Pyeatt, deputy administrative officer; Dan Black stock, county counsel; and Clark A, Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board. Pledge of allegiance to the Flag of the United States of America Invocation by Supervisor Moseley 78-1581 APPROVAL OF MINUTES On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the minutes of August 15, 1978 were approved as mailed with the correction to minute order 78-1544 to reflect that Resolution 78-134 amended a portion of paragraph. 5 instead of paragraph 17; minute order 78-1550 to a}elete the zoning from paragraph 3 on page 180; the minutes of August 8, 1978 were corrected to reflect::.that Resolution 78-134A instead of Resolution 78-134 was adopted in minute order 78-1465. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the minutes of August 3, 1978 and August 14, 1978 were approved as mailed. EXECUTIVE SESSION: The Board recessed at 9:05 a.m. to hold an executive session regarding litigation. RECONVENED: The Board reconvened at 9:10 a.m, following an executive session regarding litigation. Counsel was given instructions regarding litigation involving a petition for writ of mandate filed by Citizens Against Coal Power Plants. 78-1582 ITEMS CONTINUED TO AUGUST 29, 1978 AND CHANGE FROM AGENDA The following items were continued to August 29, 1978: 1. Contract with Region C Criminal Justice Planning Board to perform work required under AB 90 for County Justice System Subvention Program. 2. Agreements in order to provide increase to the safety deposit box listings fees. 3. Amendments to building and subdivision inspection fee schedules - 157 increase. Action will be taken on the Jim V, McCusker renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at Route 4, Box 479, Cana Pine Creek Road, Chico, AP 47-06-09. Zoning: A-40 instead of setting a public hearing. 78-1583 ADDITIONAL MATTER PRESENTER BY SUPERVISOR LEMKE Supervisor Lemke stated that he notices a flaw in the way the agenda was handled last week regarding the communcations. A communication item referred to a hearing that had already been held. All communication items referring to hearings will be brought to the attention of the Board at the time of hearing. 78-1584 ADOPT RECOMN~NDATION OF CETAC TO UPDATE INFORMATION ON THE PRIME SPONSOR AGREEMENT FOR CETA TITLES I AND III On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, the recommendation of CETAC to update information on the prime sponsor agreement for CETA Titles I and TTI was adopted and the Director authorized to sign. Page 198. .August 22, 1978 August 22, 1978 78-1585 ADOPT CETAC PROJECT RECOMMENDATIONS UNDER THE NEW CETA TITLE VI On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, the recommendation°~ of CETAC for the new CETA Title VT project approval process was approved, 78-1586 AUTHORIZE PERSONNEL DIRECTOR TO NOTIFY STATE OF COUNTY'S ELECTION TO COVER ELECTED AND MAJOR NON-TENURED POLICY MAKERS WITH UNEMPLOYMENT INSURANCE BENEFITS On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the Personnel Director was authorized to notify the state of the county's election to cover elected and major non-tenured policy makers with unemployment insurance benefits. 78-1587 ADOPT RESOLUTION 78-142 IMPLEMENTING THE POST RETIREMENT INSURANCE ELAN FOR APPOINTED AND ELECTED OFFICIALS On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, Resolution 78-142 implementing the post retirement insurance plan fox appointed and elected officials was adopted and the Chairman authorized to sign. 78-1588 PUBLIC HEARING DATE SET A public hearing date of September 12, 1978 at 10;00 a.m. was set for consideration of per parcel service charge of $10.41 for County Service Area ~F13 (Paradise street lighting), 78-1589 WAIVING OF SECOND READING AND ADOPTION OF ORDINANCE RE: REFUSE' COLLECTION LIABILITY INSURANCE CONTINUED TO SEPTEMBER 5. 1978 Supervisor Moseley asked that this matter be held over. She would like to see the county get out of insurance and being tied in with refuse collection. Supervisor Richter stated that the CHP has the responsibility for the safety of the vehicles. If the county is going to set insurance requirements it is going to make it impossible for the small operator to perform a valuable sexvice. Dan Blackstock, county counsel, stated the law as presently written is to the effect you cannot be held liable for something you are not forced to regulate. Supervisor Lemke asked if the health inspections of the vehicles would constitute a vested interest? Mr, Blackstock felt that under present status of the law the county could not be held liable. The insurance is for the protection of the people. it is a $oard policy whether they want to regulate and license garbage collectors. The concept of licensing evolved from the request of certain garbage collectors for an exclusive franchise. The matter is continued to September 5, 1978 for a written opinion from Counsel. Administrative Office to notify the vendors that the matter will be on-the agendao 78-1590 ADOPT CONFLICT OF INTEREST CODE FOR ENVIRONMENTAL REVIEW DEPARTMENT On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the conflict of interest code for the Environmental Review Department was adopted. 78-1591 REPORT REs_PROPOSAL TO CONTRACT FOR ANIMAL CONTROL PROGRAM Mike Pyeatt, deputy administrative officer, stated that the Board had been give a recent letter from Phil Mace where they indicated that for the remaining six months the contract will be $11,500, For the following two years it will be $12,000 per month. Further checking has Page 199. August 22, 1978 August 22, 1978 been done in Sonoma County relative to the selling of licenses. The county would have to maintain the receipts of the licenses fold. The Humane Society could sell dog licenses and they are not proposing to get into selling of licenses actively. One thing that has not been ~aiscussed but is included in the agreement is the old Clark Road dump site. There are certain statements that the county will allow them to develop offices, etco and proceed to having the property declared surplus with a lease or sold outright. It could be a problem if the county sold the property and the society was not the high bidder. Mr. Pyeatt stated that he has not researched the code sections for leasing as long as this is a service to the county. Supervisor Richter felt that the Board policy should be that down the road the license process be put in their hands and tied to them for incentives. The contract should be tied to collection of fees. Supervisor Lemke stated that the contract refers to January 1, 1979 and the society wants the starting date December 1, 1978, Mr. Pyeatt stated that is necessary for all license fees to be deposited with the county in the livestock fund, Tt is not possible for the contractor to collect the fees and use them. Phil Mace stated that he had no objections to meeting with a committees They have gone over everything with staff. Any further delay would put the starting date up another month to January 1, 1978. As far as the licenses are concerned they do not have enough insight into Butte County licenses. There are apparent reasons for the low fees. They are reluctant to tie the fees with the contract until a better look has been given to the fees. They will supplement Mr. Nelson's office during the annual fee collection period. Supervisors Lemke and Richter to meet with proposed contractor at 2:00 p.mo this afternoon in the conference room. The matter will be discussed on August 23, 1978 at 7:00 p.m. ~'~~" Ralph Drown stated that he had not seen the proposed contract. Mr. Drown stated that the savings was to be about $40,000 with the proposal. He was trying to figure out what the county would get with the savings. If the pound facilities are located in Paradise, there will have to be more travel from Oroville and Chico. He wondered if the present animal control employees would lose their jobs. He felt that they had been doing a good job. James Cook, BCSA, stated that the county employee Linda Slovick had been found in Shasta:?County murdered. The Association wants to go on record offering a $500 reward for the arrest and conviction of the person or persons involved. Mr. Cook asked the Board to defer any action on the animal control budget until they meat their legal obligations. As of this date the Berard has not honored fhe meetuand confer obligations of Goverment Code Section 3500 relative to wages, hours and working hours. He was not question the contract, The Association will be at the meeting on Wednesday night to discuss avenues available. The Association has been completely ignored regarding cuts in the budgetso Hank Marsh, attorney for BCEA, will also be present. 78-1592 REPORT BY COUNSEL RE: MEETING WITH LEGISLATORS AND DEPARTMENT OF WATER RESOURCES REPRESENTATIVE RELATIVE TO PAYMENT FOR WATER ENTITLEMENTS NOT USED BY THE COUNTY Dan Blackstock, county counsel, reported on a meeting that he and Supervisor Madigan attended yesterday with. Senator Johnson, Assemblyman Page 200. August 22, 1978 August 22, 1978 Statham, Ronald Robie, director Department of Water Resource s, and the deputy director of Water Resources. Hey=*aas optomistic about the meeting. Senator Johnson stressed the problem Butte County had. We are anticipating some legislation, if passed by the legislature, will put the County into a position of not paying for water going down the river. Another that was discussed was bank protection. Supervisor Madigan stated that he would like to check into the matter of bank protection before it is discussed. 78-1593 REAFFIRM ACTION OF AUGUST 15, 1978 RELATIVE TO THE ISSUE OF COAL FIRED PLANT NOT BEING PLACED ON THE, NOVEMBER BALLOT BUT WILL BE PLACED ON THE BALLOT AT A LATER DATE AFTER ALL INFORMATION IS AVAILABLE Neil McCabe, attorney for Citizens Against Coal Power Plant, stated that he has filed a lawsuit to see if the matter can be placed on the ballot. He would like to be able to settle the matter at the meeting today. Perhaps this can be resolved. Mr. McCabe gave the Board a list of sample wording for the ballot measure. The first item on the list was the proposal on the petition. The last item is the wording the Board discussed. Perhaps they could meet in the middle on the wording. It is hoped that the Board can be satisfied with the wording and the changes have been ..incorporated to satisfy Counsel. Chairman Winston stated that he made his position pretty clear. He is of the firm opinion that even if the Board is privy to information the public is not he did not feel he had enough information, The statements on the petition were inflammatory and appealed to emotion. He asked if the Board under an circumstances wanted this issue to go on the ballot at this time when there is insufficient information to base a judgment. The Board has asked the same questions as the opponents of the coal fired plant. The county expects answers through the hearing processes of the Energy Commission. Mr. McCabe felt it would be a help to find how the people feel about the planto There is information avalable on the NOIo The basis is the rights of initiative is a precious right. This is his basic position. He hoped that they could come to grip with the language that would be satisfactory to everyoneo On motion of Supervisor Lemke, seconded by Supervisor Madigan and carried, the Board reaffirmed their action of August I5, 1978 relative to a stand whereby it was decided that the issue of the coal power plant not be placed on the November Ballot but will be placed on the ballot at a later time when the information is available. AYES: Supervisors Lemke, Madigan and Chairman Winston. NOES: Supervisors Moseley and Richter. 78-1594 DISCUSSION OF LAND DEVELOPMENT PROCESSING REPORT CONTINUED TO AFTER BUDGET SESSION Discussion of the Land development processing report was continued to after budget session. 78-1595 ADDITIONAL MATTER PRESENTED BY SUPERVISOR MADIGAN Supervisor Madigan asked that Congressman Johnson be contacted to arrange a meeting regarding the ominous bill. Administration to arrange meeting. 78-1596 ADOPT ORDINANCES 1953, 1954, 1955 AND 195b: PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION PROPOSED NEGATIVE DECLARATION AND REZONE FROM "A-2" (GENERAL) AND "INTERIM R-N" (RESIDENTIAL-NONCONFORMING) TO "R-N" (RESIDENTL4L-NONCONFORMING), "C-2" (GENERAL COMMERCIAL), "M-1" (LIGHT INDUSTRIAL) AND "P-Q" (PUBLIC-QUASI PUBLIC) PROPERTY LOCATED SOUTH OF THE OROVILLE CITY LIMITS T'a;~ :.:°k~, The public hearing on the Butte County Planning<Commission proposed negative declaration and rezone from "A-2" (general) and "interim R-N" Page 201. August 22, 1978 August 22, 1978 (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 Railraad right-of-way, west of the east line~of Sections 17 and 20, T19N, R4E, MDB&M and north and .west of Lincoln Street, Myers Street and Ithaca Street was held as advertised. Earl Nelson, environmental review director, set out the background of the proposed negative declaration. The checklist is identical to the one on the ge~seral plan change that was adopted on July 24, 1978. The area is primarily developed already, It conforms to the existing development. The only environmental impacts are related to traffic and drainage increase which can be handled on a project basis. Be*_tye Blair, interim planning director, stated there were 1,032 notices mailed. This rezone is proposed to the actual land use, Hearing open to the public. Appearing: Eli Thomas. Mr. Thomas would like to find out what his property is going to be changed to, There are three mobile homes on Barnes Way. Mrs. Blair stated that the existing uses would become non-conforming uses and would be allowed to remain. There is a provision that if a non-conforming use is demolished to an excess of 75% it can be replaced but this requires a use permit. Mr. Thomas stated that he was opposed to the change in zoning. Hearing closed to the public and confined to the $oard. On motion of Supervisor Moseley, seconded by Supervisor Richter and unanimously carried, on the basis of this initial evaluation finding the proposed project could not have a significant effect on the environment, a negative declaration was recommended. On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the 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, MDB&M and north and west of Lincoln Street, Myers Street and Ithaca Street was approved with the findings that it is for. the public welfare and safety, a negative declaration has been adopted and the rezone is consistent with the general plan; the following ordinances were adopted and the Chairman authorized to sign: Ordinance 1953 - zoning a portion of the County "R-N" Ordinance 1954 - zoning a portion of the County "C-2" Ordinance 1955 - zoning a portion of the County "M-1" Ordinance 1956 - zoning a portion of the County °P-Q" 78-1597 ADOPT ORDINANCE 19570 PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION PROPOSED NEGATIVE DECLARATION AND REZONE FROM "A-2" (GENERAL) TO "TM-40" (TIMBER MOUNTAIN, 40 ACRE PARCELS) PROPERTY LOCATED APPROX. 1/2 MILE NORTH OF BINET ROAD, APPROX. 1-l/2 MILES NORTHEAST OF LA FORTE ROAD, IDENTIFIED AS AP 73-21-08. The public hearing on 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 Page 202, August 22, 1978 August 22, 1978 north of Binet Road, approximately 1-1/2 miles northeast of LaPorte Road, identified as AP 73-21-08 was held as advertised. Earl Nelson, environmental review director, set out the background of the negative declaration. Because of the restrictive nature of the zone it would be appropriate to the protection of the area to recommend a negative declaration. Bettye Blair, interim planning director, set out the background of the rezone. This parcel was on the Assessor's List B for TPZ-160 and was removed. The Planning Commission proposed the restrictive used Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board, On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, on the basis of this initial evaluation, finding the proposed project could not have a significant effect on the environment, a negative declaration was recommended. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the rezone from "A-2" (general) to "TM-40" (timber mountain, 40 acre parcels) property located approximately 1/2 mile north of Binet Road, approximately 1-1/2 miles northeast of LaPorte Road, identified as AP 73-21-08 was approved with the finding that a negative declaration has been adopted; it is consistent with the general plan and the rezone is far the public welfare and good; Ordinance 1957 was adopted Hnd the Chairman authorized to sign. 78-1598 PUBLIC HEARING: EVER GLO INC. - APPEAL OF DENIED ENVIRONMENTAL IMPACT REPORT AND REZONE FROM "A-2" (G~IERAL) AND"R-1" (SINGLE-FAMILY RESIDENTIAL) TO "PA-C" (PLANNED AREA-CLUSTER) TO ALLOW A CONDOMINIUM COMPLEX, PROPERTY LOCATED AT NORTH END OF TOM POLK AVE., THE WEST END OF EL VERANO WAX AND ON THE SOUTH SIDE OF LAS]5EN AVENUE AT GODMAN AVENUE IDENTIFIED AS AP 44-09-13 (PORTION), AP 44-21-02 (PORTION) AND AP 44-32-24, CONTAINING FIFTEEN ACRES, MORE OR LESS, CHICO - CONTINUED TO SEPTEMBER 26, 1978 AT 10.00 A.M. The public hearing on Ever Glo Inc. appeal of denied ETR and rezone from "A-2" (general) and "R-1" (single-family residential) to "PA-C" (planned area cluster) to allow a condominium complex, property located at the north end of Tom Polk Aveo, the west end of El Verano Way and on the south side of Lassen Avenue at Godman Avenue identified as AP 44-09-13 (portion), AP 44-21-02 {portion) and AP 4~+-32-24, containing fifteen acres, more or less, Chico was held as advertised. .Letter from Bi11 Clatworthy in opposition to proposal read. Chairman Winston stated that he had been informed that the proponents and opponents have stated they wished this delayed because they are in the process of working out a compromise that might make the project acceptable to the people in the area. Hearing open to the public. Appearing: E. G.. Downing. Mr. Downing asked if the matter would be continued. The matter was continued to September 26, 1978 at 10:00 a.m. with property owners to be notified. RECESS: 10:10 a.m. RECONVENE: 10:21 a.m. Page 203. August 22, 1978 August 22, 1978 78-1599 PUBLIC HEARING: WILLIAM R. WHITNEY - APPEAL OF' PROPOSED USE PERMIT FOR-SWAGE FACILITIES FOR A .5-PLEX ON PROPERTY ZONED "A-R" (AGRICULTURAL RESIDENTIAL), LOCATED ON THE WES'T.SIDE OF-,NEAL".ROAD,: :APPROX. 50 FEET NORTH OF ROE ROAD IDENTIFIED AS A PORTION OF AY 55-03-25 PARADISE The public hearing on the William R. Whitney appeal of proposed use permit for •sewage facilities for a five-plex on property zoned "A-R" (agricultural residential) located on the west side of Neal Road, approx- imately 5O feet north of Roe Road, identified as a portion of AP 55-03-25, Paradise was held as advertised. Bettye Blair, interim planning director, set out the background of the userpermit. The application was fox a portion of the septic fields to be located in the A-R district. The improvement is in the C-2 district.. The parcel is one parcel divided by a zoning district. There were 25 persons noticed at the hearing. Hearing open on the public, Appearing: 1. Pam Figge. Ms. Figge presented a petition signed by the residents of the neighborhood, The proposed use violates the land use of the neighborhood. It violates the general plan for the area. The area is single family. It is shown as residential on the general plan, This project would create a traffic problem. The project is categorically exempt from environmental review. This does not take into consideration it is in the canyon side. Without an EIR there is no way of knowing what damage could be done. There could be a fire hazard. There are no multi-family units on the canyons. There is a minium five foot back yard and a ten- foot side yard. The children would have no place to play but in the canyon. There seems to be a conflict between the zoning and the general plan. She urged the Board to adopt an interim zone. 2. Steven Scarborough. Mr. Scarborough stated that he is a general planning contractor. He has certain reservations about the development. He showed the Board the plot plan for the development. He did not see how the BZA could make a decision without actually seeing what the lot and buildings look like. The plan does not show how the septic system will lay on the land and equal replacement area. It is not a lot set up for multi-family purposes. it is a peculiar size. Mr. Whitney is asking to be allowed to build:~:on the C-1 and drain the field in the A-R zoning. Mr. Mount has a subdivision in the area where percolation tests do not allow division on the front. This would be creating a precedent. The neighborhood is exclusively residential. There was a laundramat and is a grocery store on the corner of Neal Road and Roe Road. There are no other commercial uses in the area. Mr. Scarborough asked the Board to interim zone the area to fit in with the present land use. 3. Bill Whitney. Mr. Whitney asked to look at the petition. He purchased the lot and talked to the Planning Department and sought information regarding use of the lot for building, He was told that he was not in any zoning violation and he needed a use permit for the septic tank. There will not be much increase in traffic. The development meets all of the requirements. There are places for the children to play. There is no problem with drainage. Lynn Vanhart, environmental health director, stated that his department is satisfied with the percolation tests on the back of the property, The front has no soil. Discussion of BZA findings relative to dwellings per unit held at this times Mrs. Blair stated that the law suggests that the zones be in conformance with the general plan for the use permit. In this case it is not, Page 204. August 22, 1978 August 22, 1978 Del Siemsen,-deputy county counsel, stated that the reason for the use permit is the A-R zoning. If the project were all in the C-1 the matter would have never come up. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the use permit as granted by the Board of Zoning Adjustment was denied and the appeal was upheld. 78-1600 PUBLIC HEARING: W. M. BARI~LEY - APPEAL OF ADVISORY AGENCY'S CONDITIONS ~~l AND #2 RELATING TO ROAD STANDARDS AND DEEDING OF RIGHT-OF-WAY FOR TENTATIVE PARCEL MAP, AP 55-201-13, FOUR LOTS, NORTH SIDE OF EDGEWOOD LANE APPROX. 300 FEET NORTH OF JARAMILLO LANE PARADISE The public hearing on the W. M. Barkley appeal of Advisory Agency's conditions ~~1 and ~~2 relating to road standards and deeding of right-of-way for tentative parcel map, AP 55-201-13, four lots, north side of Edgewood Lane, approximately 300 feet north of Jaramillo Lane, Paradise was held at this time. Clay Castleberry, public works director, set out the background of the appeal. This is a two lot division instead of a four lot division. One parcel is 4.3,_acres and the other 1/2 acre. The property owner was asked to widen the road along the frontage and deed 30 foot right-of-way consistent with what has been required in the area before. Hearing open to the public. Appearing: Mrs. Barkley. Mrs. Barkely stated that the fence is up, the sprinkler system is in and the trees are in a position that they would have to be taken down. She would like to have the paving of the road deferred until the road is improved. It is very costly to give the land and move the fence and the sprinkler system. They have no intention of splitting the property further. This is for their son to be able to live in the existing house and they want to build another house on the four acres. They have owned the property since 1972, The improvements have been in since they bought the property. Mr. Castleberry stated that he shared Mrs. Barkleys concern relative to the trees. He asked if the Board would like to uphold the staff position and authorize him to work with the Barkleys to narrow the pavement widening to protect the trees and perhaps preserve the facilities. He felt the improvements should be required. Chairman Winston stated that there are two parcels. This is a simple effort to maintain a home for themselves and their son. The requirements seem a little harsh. Discussion of using the covenant on the parcel of land held at this time. Mr. Castleberry felt that this could possibly be done. There is going to be a great deal of development in the Edgewood Lane area. Hearing closed to the public and confined to the Board. Supervisor Richter felt that maybe a compromise could be worked out to only require the improvement on the small house. On motion of Supervisor Lemke, seconded by Supervisor Madigan and carried, the appeal on condition ~~2 was denied; the appeal on condition 4~1 was upheld with the covenant to be signed by the Barkleys not to exceed three years. AYES: Supervisors Lemke, Madigan and Chairman Winston. NOES: Supervisors Moseley and Richter. ., ,., . Page 205. August 22, 1978 August 22, 1978 78-1601 PUBLIC HEARING: POODMATCER, INC., RENT WOODELL - APPEAL Ol' PROPOSED EIR AND T75E PERMIT TO ALLOW A DRIVE-IN RESTAURANT ON PROPERTY ZONED "C-2" (GENERAL. COMMERCIAL) LOCATED ON THE SOU3~HWEST CORNER OF SKYWAY AND OLIVER ROAD, IDENTIE'IED AS AP 52-17-20, PARADISE. The public hearing on the I'oodmaker, Inc., Kent Wooded appeal of proposed environmental impact report and use permit to allow a drive-in restaurant on property zoned "C-2" (general commercial) located on the southwest corner of Skyway and Oliver Road, identified as AP 52-3.7-20, Paradise was held as advertised. All letters and telephone calls were acknowledged at this time, Earl Nelson, environmental review director, set out the background of the environmental impact report. The area is commercial, residential and has a church. The impacts have been identified in the EIR. These include in addition to change in the appearance, noise increase, slight decrease in air quality, anticipated traffic increases. The traffic projected is on the order of 400 cars per day coming and going in addition to traffic on 9$yway of '~-1'4,600 cars per day and 3,500 cars per day on Oliver. There have been seven accidents at that location since 1975. Department of Public Works would like to see a traffic signal at the intersection at some future date. The main problem is traffic. Bettye Blair, interim planning director, stated that petitions were recived at the Board of Zoning Adjustment hearings The Board has a copy of the minutes, exhibit map and site plan of subject property. The deposit for the traffic signal is the amount recommended by Public Workso The deposit was not suppose to be the total amount. Hearing open to the public, Appearing: I. Kent Woodell, ~3irector of real estate for Foodmaker, Inc. This project was started about two years ago. It was the same time as the City orf Oroville. The existing store in Oroville is attractive. The company proposed a 2,300 square foot building with on site parking. They will dedicate about 3,500 square feet along Oliver which will be for street widening and installation of curbs, gutter and sidewalks. The utilities will be placed underground. There will be a stacking lane on Oliver for the traffic. The Board has recently approved the sale of the excess property to Mr. Coverston. The company has spent over $3,000 for the EIR. Certaa.n minor problems have been worked onto Recently a petition was circulated among. the people of Paradise with the intent to drum up opposition to the project. The recommendation by the company's traffic consultant was that a left turn lane be used. The majority of the traffic or 80% will enter and leave from Skyway. The petition referrs to a 24-hour hangout for teenagers. He was not sure the store would be open 24 hours. If the store is open on a 24- hour basis they will police themselves. This will be a full service restaurant meeting the needs of the family. If necessary they will put on any reasonable amount of security patrol that is necessary. The noise should not present any problems. The speaker system can be controlled. The company establishes a litter patrol to clean up the litter along fihe road. The officials from the school do not think the restauranfi will be a problem for the school bus location. The location can be located away from the facility if necessary.The landscaping for the area should improve the location. There will be some tax benefits from the purchase of the front property. The value of the property will be increased with the existing usage being improved, The company will employee perhaps 35 or so local people. This will not be all kids. Russ Watson met with MAC and tried to meet the needs of the community. The Department of Public Works indicated that the proper amount of money for the signal should be $10,000, The estimates Page 206. August 22, 1978 August 22, 1978 figured by the traffic consultant as to the amount of traffic that would be generated by the facility is 2,19%, This would come to $1,533 of the $70,000 required for a traffic signal. This is based on the entire intersections Mr. Woodell stated that if the use permit was granted he would be appealing the condition requiring the $10,000 deposit for the traffic signal. If the condition is required he did not know if the company would continue the project because of the amount of money that has been spent in this location to date, 2. Harvey Parrott. Mr. Parrott spoke regarding the problem of making a left turn onto Skyway from Oliver. It is very difficult at the present time. No other business would require a use permit with the zoning as it is. It takes something special because of going into the C-2 zoning. The problem is traffic. The Board of Zoning Adjustment rather ignored the Environmental Review Directors comments about the increase in traffic and the access on Olives The group in opposition to the project have made an honest effort to get as many opinions of people outside of the iumiediate area. It has been made pretty evident with the calls and the letters that the people of Paradise are opposed to the Jack-in-the-Box restauranto The opponents do not care if they locate the facility in an area with no problems. There are enough problems in the proposed location without adding to the problem to the detriment of the general welfare of persons in that area. 3. Berl Edwards, manager Cape Code Mobile Home Park. Mr. Edwards spoRe in apposition to the use permit. The people in the park want a stop light at the intersection. They have a problem crossing the streetat the present time. There is a A&W down the street that serves the same type of food. 4o Ruth Riceo Mrs. Rice stated that there are six homes on Selby Dane. The lane is not used by anyone except those families. Mrs. Rice read to the Board from an article in the Redwood City paper regarding fast food restaurant booms. What will happen when this fades. There is a problem crossing the street. This use permit could be detrimental to the area. 5. Della Brown.- Mrs. Brown stated that she had heard that Jack-in-the-Box caters to the old people. The old people cannot eat salt or sugar in their diets. 6, Basil Vance, Mr. Vance owns an apartment house that is about ', 166 feet from the rear of the proposed project. -The people in the apartment house are eldery people. They walk Co.- the store. There is a hazard at the present time. He did not know of any intersections in Paradise that has the traffic problem that Skyway and Oliver have. The noise is not going to help. The company surely could find some place in Paradise ', other than the proposed location. 7, Theodoxe Franke. Mr. Franke stated. that he was representing the Duthern Church and the residences near the church. They axe against blocking Skyway with a traffic light unless it synchronized with the light on Elliott Road, The road is blocked a great deal of the time. He was not against the Jack-in-the-Box locating in Paradise. 8. Paul l~bcht,. Episcopal Church. Reverend l~dtt: set out the problems they are having at the present time. There will have to be increased patrolling if the facility is located at the proposed site. There is all night parking and there is a need for burglar alarms. The church is going to have to put up night lights for their facility, Page 207. August 22, 1978 August 22~ 1978 9. Margo Merman. Mrs. Merman stated that MAC has opposed the erection of Jack-in-the-Box. They appealed the use permit and were not in a legal position to oppose Che use permit.- She assumed the Soard had read the EIR and any comments contradicting that were added to the report. The comments challenging the statements-are valid. The Environmental Review Director agreed on the egress and ingress on Oliver Roado The Public Works Department set out requirements. Every person going up Skyway cannot make a left turn off Skyway they will have to go on Oliver. fibs prediction is that the majority of traffic will turn right onto Oliver to wait to turn left into Jack-in-the-Box, Seventy five percent of the traffic using Jack-in-the~Box will be on Oliver, Left-hand turns are being provided. This is going, to be made longer, There will be a stacking lane on Oliver, They must use Oliver if the people are turning left. They cannot go out Skyway. The people coming up or down . Skyway will have to go into the stacking lane. This will be a problem. There will be an increase in the Camellia Drive traffic due to people making a U turn. Mrs. Merman referred to the comment made by Mr. Woodell at the July 18, 1978 Board meeting regarding the excess property. He stated that while they would like to have the property on Skyway they could go to the Coverston property to the south or they might even consider relocation of the building to the south to avoid the questionable area and Coverston could leave the existing building where it was. This solves only the traffic problem if the Board denies the use permit on the basis that they cannot use Oliver as ingress or egress. 10. Kent Woodell. Mr. Woodell stated that what he said was that he would not absolutely have to have that strip of property, The Board decided to sell the property to Mr. Coverston. Mr. Woodell meant that the.. company could move'. the building back and could have egress to the south on Skyway and not cut =~ecross that piece of property. He did not say that there would be no egress on Oliver Road, 11. Karen Paxrott. Mrs. Paxrott stated that the EIR was necessary because of the bad location. She did not think that the decision to sell the property to Mr. Coverston was a good decision. The Chico Jack-in-the- Box is a big problems She set out the trips that she had made to the Chico location. The security guard in Chico was attackedo It is a hangout for Chico High School. A 24-hour nuisance is more that the residents of the area want. 12. Bruce Brown. Mr. Brown stated that it is not the few people on Camellia Drive. The Board has a petition in front?. of themo There is no way that the traffic on Oliver is not going to be increased. The four families living directly behind the proposed project are entitled to some considerationo 13. John Coverston. Mr. Coverston presented a petition to the Board with signatures from the people behind the proposed project statixzg they are not opposed to the project. 14. De11a Brown. Mrs. Brown stated that she had presented a petition to the people behind the proposed project and they had told her they could hardly stand the stench of A&W. Hearing closed to the public and confined to the Board. Chairman Winston read the uses allowed in the C-2 zone without a use permit. Some of the uses would be much worse than a drive-in restaurants He set out the Chico location. His office is located 20 feet from the window and there has never been a tremendous problem. Maybe some thought should be given to the fact that there are so many uses that can be put on the property without a use permit that this Page 208. August 22, 1978 August 22, 1978 might not be as obnoxious. Supervisor Richter stated that he hoped the .county nevers gets into the business of regulating the number of business that can go into an area. Skyway is a commercial street. There are similar uses around the proposed project area. The county has made a commitment- with the zoning. He did not see how the use permit could be denied. He insisted that the condition requiring the $10,000 deposit for the traffic signal be retained. Onrmotion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, a motion of intent to deny the appeal of the proposed EIR and use permit was approved; Counsel was directed to prepare findings for the Board and the EIR to be completed in order to adopt on Tuesday, August 29, 19780 RECESS: 12:20 p.m. RECONVENE: 1:32 pomp 78-1602 APPEARANCE: WARD CAMERON Mr. Cameron stated that he felt the Board-had made an error in ', asking Counsel to look into changing the ordinance under Chapter 24 to allow mobile homes in all zones. If the change were allowed all zones ', would have to be changed to reflect that mobile homes are allowed, This should be clarified. In order for the Aunt Minnie to be allowed in all zoning the zoning must be changed to allow mobile homes in all zgnes. The Planning Commission held a meeting on this matter last night, ', The matter was continsed to August 29, 1978 for a report from Counsel and Planning on this matter. The Board did not intend for mobile homes to be placed in all zoneso They were wanting to be able to place Aunt Minnie applications in all zones. 78-1603 APPEARANCE: JANE DOLAN Ms, Dolan spoke regarding the coal powered plant. She stated that she would like to share her experience in helping to collect the required signatures for the initiative. She felt that an election is the proper way to go. The people signed the petition because they want the opportunity to vote ou, the issue. They want to have a chance to have input. The signatures represent a cross section of the County. She referred to the chart prepared by the Board's consultants. This shows that it would be necessary to have the election in November 1978. Chairman Winston stated that the information he had received stated there was considerable amount of intimidation when getting the signatures. He read the petition differently. He felt the petition had misrepresented the issue. PG&E is entitled to a fair hearing in front of the regular judicated hearing. The Board has officially asked the same questions. Ms. Dolan stated that she was not involved in the telephone campaign in the Chico area. She did not know anything about the matter, 78-1604 APPEARANCE: PAUL FRAIZER Mr. Fraizer spoke regarding the proposed ordinance to prohibit topless dancing. He owns the Del Mar Club which is the only topless club in Butte County. The ordinance includes public functions. He has attended public functions where a person would be in violation of the ordinance. There have been no problems at the Club since the topless dancing was introducedo Before he bought the Club there were many problems. After he bought the Club there were-a few problems before the topless dancing was introduced. He hopes to have a place Page 209. August 22, 1978 ', August 22, 1978 ', where men can bring their wives.) He~is going to have male and female dancing. He requested an investigation and asked that the second reading of the ordinance not be waived, 78-1605 APPEARANCE: WALT FRAIZER Mr. Fraizex stated thath~'s looking at the possibility of taking over the motel part of the Del Mar Clubo The topless dancing is on stage. Mr. Fraizer keeps a eye on the crowjand there is no chance of fighting. ', There is an intent to turn the Del Mar Club into a night club. The matter of the topless ordinance is continued to August 29, 1978 for a written report from the Sheriff supporting his reasons for wanting the ordinance. 78-1606 APPEARNACE: FRANK BRAZIL:, Mr. Brazal asked what the Board is going to do when someone comes up and says they would like to have an ordinance for bottomless dancers. 78-1607 APPEARANCE: ,TERRY HOLCOMB ', Mr. Holcomb stated that his family is living under conditions that are almost inhuman. He did not think anything would be done. He ', feels that the county agents have harassed him. He felt that he was ', out of line and is trying to dispose of a large amount of personal property. He has already disposed of a large amount of this property. He wanted to know if he had the right to own those things on his property. ', No one can see, smell or hear them. He understood that there was a special law put in just for him. Mr. Holcomb stated that he and his family have been under care of doctors because of problems from the sawdust on the neighbors property, He has 100 pages of information that he would ', like to ;present to the Board, This is on misconduct of public officials. Mr. Holcomb to bring the material to Administrative Office and it will be copied for the Board members. 78-1608 APPROVE EXECUTIVE DIRECTOR - SPECIAL PROGRAMS ITEMS Razia Khan, executive director - special programs, was present to discuss her requests. Ms. Khan stated that the Board is aware of the nutrition project under Title VII and the problems. Tt was felt that revenue sharing should be applied to the Meals-on-Wheels program for the interim period until the state grant comes in, This would be for a period of six months. Ms. Khan set out the background of the submission of the grant application for Meals-on-Wheels for the Oroville area. Hopefully after that time the program will be picked up by the state. EOC proposed to contract 75 meals not to exceed $1.30 total cost of meal. This would be the total cost of the preparation of the meals. She has contacted private enterprises and the lowest bidder was $1,90 from the Oroville Inn. There was a 120-day extension for the nutrition program from the Superior California board, This will be up on September 1, 1978. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the following items were approved: 1. Authorized contractual agreement between the county and Superior California Senior Services, Inc. for. preparation of meals and authorized contractual agreement between the county and EOC for delivery of meals for the Onoviile area; authorized allocation of revenue sharing funds in the amount of $14,834 to provide 75 meals per day to homebound senior citizens for a six month period. Page 210. August 22, 1978 August 22, 1978 2. Approved submission of Meals-on-Wheels grant application to Community Services Administration fox the Oxoville area for a one year period commencing March 1, 1979 in the amount of $49,697 and authorized Chairman to sign. 78-1609 APPROVE REVISED SALARY SCHEDULE FOR HEAD START On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the revised salary schedule for Head Start with a stipulation of cost of living increases averaging approximately 5% was approved. 78-1610 ADOPT RESOLUTION 78-143 THAT WOULD ENABLE BUTTE COUNTY TO PARTICIPATE TN THE NORTH STATE COOPERATIVE LIBRARY SYSTEM AND WOULD AUTHORIZE COUI3TY LIBRARIAN TO APPLY FOR FUNDS ', On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, Resolution 78-143 that would enable Butte County to participate in the North State Cooperative Library System and would authorize the County Librarian to apply for funds was adopted and the ', Chairman authorized to sign. 78-1611 APPROVE RENEWAL OF VARIANCE - JIM V. McCUSKER On motion of Supervisor Madigan, seconded by Supervisor Moseley 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 for Jim V. McCusker at Route 4, Box 479, Cana Pine Creek Road, Chico, AP 47-06-09, ' zoning: A-40, was approved for a period of one year. 78-1612 ADOPT RESOLUTION 78-144 REPLENISHING CASH DIFFERENCE FUND On motion of Supervisor Lemke, seconded by Supervisor Madigan and carried, Resolution 78-144 replenishing the cash difference fund was adopted and the Chairman authorized to sign. AYES: Supervisors Lemke, Moseley, Richter and Chairman Winston. NOES: Supervisor Madigane 78-1613 APPROVE PUBLIC WORKS ITEMS On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the following Public Works items were approved: ', 1. Authorize Chairman to sign acceptance of proposal from Glen House Movers to demolish and clean-ugluildings and foundations from county/ City of Chico right-of-way on Dayton Road at State Route 32 realignment ', project with the amount of $4,500 to be taken from right-of-way fund, ', 2. Approve Simmons Subdivision Unit ~k2 map and accepted Mr. Ida Road as shown on the subdivision map and offered for dedication and gxanted in feed 3. Accepted improvements, authorized release of performance and labor and materials bond and commence the one-year maintenance period for Kelly Ridge Estates Unit 4B. ', 4. Adopted Resolution 78-145 covering additional public road connections to SR 70 between Wicks Corner and Jarbo Gap. ', 78-1614 AWARD BID: PEARSON ROADS PROJECT N_0. 57422-76-2 On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the 'bid for the Pearson Road, Project No, 57422-76-2 was awarded to Robinson Construction Co. in the amount of $232,312. 78-1615 ADOPT RESOLUTION 78-145AriAUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT N0. 4 TO MASTER AGREEMENT N0. 03-5912 RE: FEDERAL-AID PROJECTS Clay Castleberry, public works director, stated that the Skyway project was to go from the city limits to just past Jessup Door. While Page 211: '~ August 22, 1978 ~-, August 22, 1978 we have been waiting the costs have gone up. Federal and State money will be $371,896. The estimated cost of the project is $440,000. There are other funds available. 'The 1977-78 budget is for $35,000 and the proposed 1978-79 budget shows $35,000 with state bail out money at $15,000 and other sources. His office has just negotiated $30,000 revenue with the U.S. Forest Service that will be available for this project. He would like authorization to go to bid and have the program supplement approved, None of the $371,896 is SB 325 fundso It is only federal aid and state matching money. ', On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the plans and specifications for Skyway FAS Project No. Y-742(1) was approved; Department of Public Works was authorized to advertise project subject to FHWA approval; Chairman and Public Works Director were authorized to sign plans; wage scale was adopted; bid opening was set for 11:00 a.m., Department of Public Works Office, September 14, 1978; Resolution 78-145A authorizing execution of Program Supplement No. 4 to master agreement No. 03-5912 regarding Federal-Aid projects was adopted and the Chairman authorized to sign. 78-1616 APPROVE ASSIGNMENT OF INTEREST BY ALAN DALE TO KEN WOODALL AS SOLE OWNER AND OPERATOR - PARADISE STAGE On motion of Supervisor Moseley, seconded by Supervisor Madigan and unanimously carried, the assignment of Alan Dale's interest in the Paradise Stage to--.I{en Woodall as sole owner and operator was approved. 78-1617 AUTHORIZE SUBDIVISION COMMITTEE TO ISSUE CERTIFICATE OF COMPLIANCE WAIVING FEES PROVIDING CONDITIONS IMPOSED HAVE BEEN COMPLIED WITH FOR BLOOMER MT. AREA On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the Subdivision Committee was authorized to issue certificate of compliances waiving. fees providing conditions imposed have been complied with for the Bloomer Mt, areao 78-161$ AUTHORIZE PURCHASING AND PUBLIC WORKS DEPARTi~NT TO NEGOTIATE WITH BUTTE CREEK ROCK COMPANY FOR EXCAVATION OF SEWER PONDS IN EXCHANGE FOR CRUSHED ROCK OR PAYMENT On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the Purchasing and Public Works Departments were authorized to negotiate with Butte Creek Rock Company for excavation of sewer ponds in exchange for crushed rock or payment. 78-1619 AUTHORIZE REFUND OF FILING FEES FOR RECORDER CANDIDATES FOR THOSE FEES PAID ON OR BEFORE FEBRUARY 28, 1978 WHERE A CLAIM HAS BEEN FILED FOR RETURN OF SAID FEES On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, refund of filing fees for Recorder candidates for those fees paid on or before February 28, 1978 where a claim for return of those fees has been filed was authorized. 78-1620 ADOPT RESOLUTION 78-146 AND RESOLUTION 78-147 CALLING A SPECIAL ELECTION AND CONSOLIDATION OF SPECIAL ELECTION WITH THE NOVEMBER GENERAL ELECTION - LOW INCOME HOUSING - OROVILLE On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the following Resolutions calling a special election and consolidation with the November General Election for low income housing in Oroville were adopted and the Chairman authorized to sign: Resolution 78-146 - 75 units for the public section Resolution 78-147 - 75 units £or the private section Page 212. August. 22, 1978 ', August 22, 1978 78-1621 ADOPT RESOLUTION 78-148 DEFINING THE HOUSING AUTHORITY AS A TOWN AS REQUIRED BY LAW ', On motion.of Supervisor Richter seconded by Supervisor Lemke and unanimously carried, Resolution 78-148 defining the Housing Authority as a town as required by law was adopted and the Chairman authorized to '; sign. 78-1622 WAIVING OF FIRST READING OF ORDINANCE CONCERNING UNDERGROUNDING OF CABLE TELEVISION - CONTINUED TO AUGUST 29, 1978 ', The waiving of the first reading of the ordinance concerning undergrounding of cable television was continued to Avgust 29, 1978. 78-1623 ADOPT ORDINANCE 1958: WAIVE SECOND READING OF ORDINANCE AMENDING CHAPTER 24 OF THE BUTTE COUNTY CODE BY ADDING THERETO SECTION 24-29.1 RELATIVE TO CONDUCT OF PUBLIC HEARINGS On motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, the second reading of the ordinance amending ', Chapter 24 of the Butte County Code by adding thereto Section 24-29.1 relative to conduct of public hearings was waived; Ordinance 1958 was adopted and the Chairman authorized to sign. 78-1624 WAIVING OF SECOND READING OF ORDINANCE ADDING ARTICLE IV, CHAPTER 15 RELATIVE TO TOPLESS DANCING - CONTINUED TO AUGUST 29 1978 The waiving of the second reading of the ordinance adding Article IV, Chapter 15 relative to topless dancing was continued to August 29, 1978. 78-1625 PLANNING COMMISSION DIRECTED TO HOLD HEARINGS ON THE REVISION OF C-2 ORDINANCE TO ELIMINATE USE PERMIT REQUIREMENT FOR DRIVE-IN RESTAURANT On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the Planning Commission was directed to hold public hearings on the revision of the C-2 ordinance to eliminate use permit requirements for drive-in restaurants. 78-1626 ADDITIONAL MATTER PRESENTED BY SUPERVISOR RICHTER Supervisor Richter stated that there was some debate on the ballot measure for public transportation. The actual wording was whether they would support a levy if there is not sufficient local state and federal funds. He would like to have the wording reflect if there is not sufficient funds from the taxpayers. wording. The matter to be held in abeyance until Counsel has suggested 78-1627 APPOINTMENTS CONTINUED TO AUGUST 29, 1978 The following appointments were continued to August 29, 1978: Committee, 1. Appointment to the Butte County Council for Senior Citizens. 2. Appointments to the Housing and Community Development Advisory 3. Appointment to Human Services Advisory Commission. 78-1628 APPOINTMENT TO COUNTY JUSTICE SYSTEM SUBVENTION PROGRAM ADVISORY COMMITTEE On motion of Supervisor Moseley, seconded by Supervisor Lemke and unanimously carried, John Q. Adams, Gridley was appointed as the public member that is not now employeed by or has ever.- been employee by law enforcement to the County Justice System Subvention Program Advisory Coffiittee. Page 213. August 22, 1978 August 22, 1978 RECESS: 2:55.p.m. RECONVENE: 3:05 p.m. 78-1629 REPORT ON ASSESSMENT ROLL FOR 1978-79 FISCAL YEAR BY.ASSESSOR A nderson, assessor, made a report to the Board on the assessment roll for the 1978-79 fiscal year. The assessment roll was presented to the Auditor yesterday. The secured roll is $551,845,720. The unsecured roll is $50,442,8'7. The total grass roll is $602,288,537. This is an increase over 1977-78 of 16.97. The non-reimburseable exemptions are $10,113,888 leaving a net assessed value of $592,174,649. Mr. Anderson stated that his office would be send new evaluation cards out soon. These will be for increases in value. This will be done during the week of September 6, 1978. Copies of the~roll are available for the public to look at. He suggested that the public check on their assessments. The final filing date for the Assessment Appeals Board has been extended to September 30, 1978. This year the Assessor's Office will have the authorf:~y to make alterations to the roll without going through the Assessment Appeals Board. They will try to solve as many problems as they eon. However, if the taxpayers is still not satisfied they will have the opportunity to file with the Assessment Appeals Board. Bill Lawrence, auditor, stated that his office computed their estimates on the 1977-78 roll. The utility roll had an increase from,~.3 million to $6.7 million. There is an increase aver the projections of about $750,000. 78-1630 ADOPT RESOLUTION 78-149 AMENAING RESOLUTION 78-135 RELATIVE TO CALLING OF SPECIAL ELECTION FOR PUBLIC TRANSPORTATION MEASURE ', On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, Resolution 78-149 amending Resolution 78-135 relative to calling of special election for public transportation measure changing the wording was adopted and the Chairman authorized to sign. 78-1631 RESCIND ACTION OF AUGUST 8, 1978 SETTING TAX RATE FOR UNSECURED PROPERTY TAX ROLL Z. Discussion of unsecured tax rate held at this time. Dan Blackstock, county counsel, stated that the California Supreme Court had a petition for writ of mandate.'-They denied the petition. As far as litigation is concerned this would not prohibit the petitioners '; from filing the same petition in the District Court of Appeal or in a Superior Court if they decide to do so. Simple denial of the petition is not a rule on its merits. It was a decision by the court not to hear and cannot be construed as a decision on the merits of the case. Chairman Winston stated that the Auditor is asking the Board to rescind its action regarding setting of a tax rate for the unsecured property tax. He would impound the excess monies over and above the $4 rate until a decision is reached. Mr. Lawrence stated that the unsecured taxes are collected in a different manner than the secured taxes. The Tax Collector may accept partial payments on the unsecured roll. Data Processing can prepare the tax bills at the 77-78 rate and can also prepare the tax bills at the $4 rate within 30 days. His office will not know what tax rate is to apply until some time in October. The secured taxes will not go out until October, Mr. Lawrence indicated that he would not be adverse to the County seeking a writ of mandate on this matter, Mr. Lawrence felt that the taxes should be paid and they would be considered under protest and therefore the money could be impounded, In the event the court would rule the county overcharged the money could be refunded. If the Tax Collector wants to receive partial payment there would be interest and penalties that would have to be paid, Page 214. August 22, 1978 August 22, 1978 On motion of Supervisor Lemke, seconded by Supervisor Moseley and carried, the action of August 8, 1978 relative to setting a $4 tax rate for the unsecured taxes was rescindedo .AYES: Supervisors Lemke, Madigan, Moseley and Chairman Winstono NOES: Supervisor Richtero ._ _. On motion of Supervisor Lemke, seconded by Supervisor Madigan and carried, the Auditor was authorized to impound the difference between the $4 tax rate and the 1977-78 tax rate until the court decision has been made. AYES: Supervisors Lemke, Madigan, Moseley and Chairman Winston, NOES: Supervisor Richter. 78-1&32 AUTHORIZE CHAIRMAN TO SIGN CERTIFICATION THAT NO SALARY TNGREASES WILL BE GIVEN On motion of Supervisor Madigan, seconded by Supervisor-Lemke and unanimouslyc.carried, the Chairman was authorized to sign certification that no salary increase will be given this year~,over what state provides. 78-1633 COMMUNdCATIONS, Gerald H: Bonds, et al, Chico. The petitioners appeal the decision of the Advisory Agency approving a land division for d'ohn R, Dobson, AP 42-36-16, four lots, west side of Bay Avenue, approximately 1,600 feet north of Shasta Avenue, Chico. Set for hearing September 12, 1978 at 10:15 aom. Burt C. Lbwen, Orlando Mro Lowen appeals the conditions of the Advisory Agency concerning the Stiles Ranch Inc. Subdivision, AP 44-20-69, 71, 74 and 7b, thirteen lots, north. and south of East Avenue, west from Henshaw Avenue, south of Lindo Channel,. approximately 1,500 feet west of Esplanade, GhicooSet for hearing September 12, 1978 at 10:30 a.m. Grayson Price, attorney at law. The Attorney forwards a freeholders petition to abandon the westerly twenty feet of Mulberry Street running northerly from the north line of Twenty-first Street and requests that a hearing be set pursuant to Streets and Highways Code Sections 957 et seq. Sett for hearing September 12, 1978 at 10:45 a.m. Mrs. Viola Brown,. Paradise. -Mrs. Brown writes requesting comment on a proposed land division and asks questions as far as the advisability of obtaining a use permit and domestic water from Paradise Irrigation District. Administrative Office to write letter. Durham Recreation and Park District. The District forwards its resolution asking that the election of the District's directors be consolidated with. the November 7 General Election. Matter has been handled. Feather River Recreation and Park District. The District forwards its resolution requesting that the election of directors be consolidated with the November 7 General Elections Matter has been handled, City of Chico. Mayor Thorn writes concerning setting a meeting with council members to discuss construction of a new library building in Chico. Chairman Winston to write letter. Golden Feather Volunteer Fire Company. The Company writes in support of continuing the Deputy Sheriff assigned to the Concow area. Information; no action taken. Mr. and Mrs. Adrian Clark, et al, Oroville< A letter has been received containing numerous signatures in support of continuing the Deputy Sheriff assigned to the Concow area. Information; no action taken. Page 215, August 22, 1978 August 22, 1978 Charles A. Jewel, Magalia. Mr. Jewel writes concerning reducing expenses at the Paradise Veterans Memorial Hall. Tnformation; no_action taken. John A. Nylund, M.D „ Oroville. Doctor Nylund writes concerning air pollution problems associated with coal power plants. Information; no action Taken. Letters of support for continuing funding of the library have been received from Mr. and Mrs. E. M, Atherton, Aon M. Johnston, Helen M. Hill, Jean Matson and Russ W. Sherrill. Information; no action taken, Jerry Williams, attorney at law. The Attorney, on behalf of Russell Guiver and Signal Mortgage Company, files a claim in the amount of $20,000 as a result of acts of the Butte County Consumer Protection Unit. See motion following communications. Jerry J. Kenkel, attorney at Iaw. The Attorney, on behalf of Charles Leman, forwards a claim in the amount of $15,435.77 as a result of injuries received on May 30, 1978 while in custody in the County Jail. See motion following communications. B. L. Estes, Magalia. Mr. Estes writes requesting assistance regarding the assessment of his property by the Assessor. Referred to Assessor. EDAW, Inc., San Francisco. The Corporation forwards information concerning tax revenue issues with. regard to the PG&E NOI to build fossil 1 and 20 Information. Paradise Municipal Advisory Council. The Council writes concerning potential rezoning of the east central portion of Paradise with emphasis upon those areas currently zoned A-2 limited and A-R. Meeting to be held on Friday Paradise Municipal Advisory Council. The Council writes concerning the potential rezoning of those areas of Paradise designated as Middle Skyway and Lower Skyway with regard to elimination of A-2 limited zones. Meeting to be held on Friday. Joseph Polgar, Paradise. Mr. Polgar writes in follow-up to eariler correspondence to the Board concerning a borderline dispute he is having with an adjoining property owner. Chairman Winston to answer lettero Paul R, Minasian, attorney at law. The Attorney, on behalf of the Lake Madrone Water District, requests that either the Planning Commission or the Board initiate flood plain zoning of the area downstream from the Lake Madrone Dam. See motion following communications. Governor's Office. The Governor's office forwards the Governor's General Election Proclamation in accordance with Section 2553 of the Elections Code. Administrative Office to write letter of thanks. Homer B. Terrill. Mr. Terrill sends telegram encouraging the replacement of efficient taxi service in the Paradise area, This service will be continuing, Leslie Ro Steidl. Ms. Steidl appeals the Advisory Agency's decision to approve a tentative parcel map for Leonard Orr, AP 71-30-20, Page 216. August 22, 1978 August 22, 1978 J two parcels,~being a portion of the SE 1/4 of Section 36, T22N, RSE, Enterprise area. Set for hearing September 12, 1978 at I1:30 a,m, 78-1634 RETURN CLAIM TO .TERRY WILLIAMS, ATTORNEY AT LAW, ON BEHALF OF RUSSELL GUIVER AND SIGNAL MORTGAGE COMPANY, AS THE BOARD CANNOT DETERMINE THE NATURE OF THE CLAIM On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the claim of Jerry Williams, attorney at Law, on behalf of Russell Guiver and Signal Mortgage Company, is to be returned as the Board cannot determine the nature of the claim. 78-1635 REJECT CLAIM On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the claim of Charles Leman in the amount of $15,435.77 as a result of injuries received on May 30, 1978 while in custody of the County Jail was rejected and referred to Counsel and the insurance carrier. 78-1636 INSTRUCT PLANNING COM6IISSION TO HOLD HEARINGS ON THE FLOOD PLANE ZONING OF THE AREA DOWNSTREAM FROM LAKE MADRONE DAM On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the Planning Commission was instructed to hold hearings on the flood pl,~ne zoning for the area downstream from Lake Madrone Dam. 78-1637 AUTHORIZE LETTER TO STATE RECLAMATION BOARD REQUESTING ENDORSEMENT OF INCLUDING "NO MANES LAND" IN OMNIBUS BILL On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, a letter to the State Reclamation Board requesting their endorsement of including "No Man's Land" in the omnibus bill was authorized, 78-1638 ADDITIONAL MATTER PRESENTED BY COUNSEL Dan Blackstock, county counsel, stated that he had received a Letter incloding a proposed 3ont powers agreement for economic development. If Butte County is interested they will include them in the original agreement. This was discussed at the Nine Northern Counties meeting recently held. Mr. Blackstock to forward copies to the Board. 78-1639 APPROVE AGREEMENT BETWEEN COUNTY AND LIME SADDLE COMMUNITY SERVICE DISTRICT SUBJECT TO APPROVAL OF COUNSEL AS TO FORM On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, a agreement between the county and Lime Saddle CoA¢nunity Service District was approved subject to approval by Counsel as to form and the Chairman authorized to sign. 78-1640 ADDITIONAL MATTER PRESENTED BY SUPERVISOR LEM[~ Supervisor Lemke stated that he had received a letter from the Welfare Director relative to approval for a work referral program for general assistance recipients. Mike Pyeatt, deputy administrative officer, stated that this matter will come before the Board at a later date. RECESS: The Board recessed at 4:13 p.m. to reconvene on Wednesday, August 23, 1978 at 7:00 p";m. Page 217. August 22, 1978