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HomeMy WebLinkAboutM091978September 19, 1978 RECONVE~JED: The Board reconvened at 9:00 a.m. pursuant to recess. ', Present: Supervisors Lemke; Madigan, Moseley, Richter and Chairman Winston. Clif Mickelson, Administrative Officer; Dan Blacks#ock, County Counsel, and Clarrk A. Nelson, County Clerk by Margie Catt, Assistant Clerk of the Board. Pledge of Alleguance to the Flag of the United States of America Invocation by Supervisor Mosley. 78-1786 APRROVAL OF MINUTES On motion of Supervisor Lemke, secondedbby Supervisor Madigan and unanimously carried, the minutes~B-September 12th and 13th, 1978 were approved as mailed. 78-1787 APPROVE EXTENSION OF TIME FOR FILWG REBUTTAL ON PROP. I, BUTTE COUNTY Chairman Winston acknowledged letter from Orrin Stratton, Tax Payers Association, requesting an extension of time to file rebuttal to the arguments that have been filed in ', Proposition 1. On motfaon of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, time for filing rebuttal in Proposition 1 was extended to 12:00 noon today, '' September 19, 1978, as requested above. 78-1788 APPROVE RE-ISSUANCE OF BUILDING PERMlT FOR LARRY KING ', Dan Blackstock, County Counsel, reported that there was a problem with the Larry King building permit. He had re4ommended that the permit be suspended until today. The permit was approved by BZA, ', Zoning for the area allows one home per parcel. This is on a ten-acre parcel. Another home is allowed for Ag purposes. Mr. King has commenced work on his new building; the foundation is in. This second building will have nine bedrooms. He has a license for six children to be housed on his property. At this time, they are in the original home on the property. An affidavit could be signed stating that the building would be used for an Ag purposed The affidavit would state that the second home would be used for the person farming the acreage. It was stated that Mr. King could sign an affidavit that 14e will not apply for a ', license to have six more children placed in his home. ', Mr. Larry King, Rt. 2, Box 269, Grape Way, Chico, stated that they have been in the process for the past six years trying to build this other horse. They plan to build a bedroom and bath for each of the six children living with themo They will utilize the acreage for a truck garden and nurseryY 7~r~ will teach the children how to garden. Mr. King stat ed that he had a full time job with the government. He is not going to apply for a permit for another six children. He has had the present six children ', for the pas# four years. ft was moved by Supervisor Richter, seconded by Supervisor Moseley and unanimously carried that a building permit be re-isst.~ 9eto2~~rry King, with the proviso that the Board of September 19, 1978 _______________ ~femkzerl9 1928_====______________ Supervisors will not agree to any other permits to be issued for any other children to be kept on this property. RECESS: 9:20 RECONVENED: 9:22 78- 1789 Ci"RTiF1CATION OF COAL PLANT PETITION ', C a A. son, County C er fi ed t e certification of the Coal. Plant Petition, stating that there were 13,060 valid signatures and that only 8,600 were needed. No action needed. 78-1790 APPROVE STREET LIGHTING D9STRiCT REPORT FILING WITH CLERK: SET ', FOR HEARING ON OCTOBER 17, 1978 at 10:00 a.m. ', A report has been prepared which is the first step in converting all street ', lighting county service areas to a per lot service charge. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, filing of report with the Clerk was approved and was set ', for hearing on October 17, 1978 at 10:00 a.m. 78-1791 APPROVE BAR-O-BOYS RANCH CONTRACT ', A contract amendment has been prepared-with the County of Del Norte for placement of juveniles at Bar-O-Boys Ranch raising the cost PB' bed $95 per month. This cost is included in the proposed AB 90 grant application. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, Bar-O-Boys Ranch contract amendment was approved and the Chairman authorized to sign, 78-1792 AI~$'T~A'~IGI~IGRIDLEY LIBRARY APPRAISAL An appraisal will 6e necessary prior to the purchase of land for the Gridley Library for which William H. Dolan, Jr, has been contacted and can provide the appraisal at a cost of $b00. ', On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, appraisal services to be performed with funding to come ', from the Gridley Library land acquisition budget was authorized. 78-1793 AUTHORIZE PARADISE COUNTY BUILDING HANDICAP ACCESS Building and Grounds Maintenance has estimated the. cost of installation for handicap access to the Paradise Building to be $500. On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, Paradise County Building handicap access was authorized and necessary funds approved to be appropriafed. Z8-1794 BUILDING PROGRAM-ARCHITECTS DISCUSSED Congressional approval of the DEA LIPW LPW III programs is anticipated and grant preparation for a number of projects will require architectural services. Jerry Lively stated there were presenting four projects for the Board's Page 290, September 19,1978 _______________~tgm~~l9~.127..$=====__==_________ concurrence for the preparation of applications to receive funding for: Chico Library Gridley Library Weights and Measure Bldg, in Oroville Rehabilitation of the present Administrative Building. Possible hiring of architect to prepare the plans for these buildings discussed, Communications have been received from architects to do the design work for the two library buildings. Supervisor Richter said he hoped that Mr. Lively and Administrative Officer would 1mi3kat the application very closely. Rehabilitation of the present Administrative Building explained; the building will be used by Superintendent of Schools when the county offices move to the new location. Relocation of Safeway Store in Chico discussed; Mr. Mickelson stated he did not have any information as to whether Safeway will re-locate in Chico. Chico Library building discussed; it was felt that it should 6e large enought to be used in the future. Supervisor Richter stated that he would want to know that the building will be constructed in such a way that it will serve the community for the next 30 to 50 years. Board felt that. the County should solicit proposal from the four known architects in the County. Mr. Mickelson will contact all of the firms and will set forth the buildings that are being considered. Supervisor Richter stated he would like the history of grant awards of the architects that were used and to sknow ', which building each architect was awarded. County to proceed on that basis. 78-1795 AB 40 APPLICATION: ADOPT RESOLUTION 78-158 APPROVING PROGRAM APPLICATION & RESOLUTION78-159 GIVING ASSURANCES OP NONSUPPLANTATION A grant application has been prepared and approved by the County Justice System Advisory Group totaling $261,345. The Advisory Group has held a meeting; another meeting will be held next month, Since the fast meeting, Mr. Rackerby has decided that he will not apply for funding for CETA for the first quarter. He explained reasoning for this decision. Clif Mickelson, Administrative Officer, recommended that the Board approve these applications as the County would like a decision from Sacramento for the tjrtammtion of the Juvenile Hall employees. It was felt that if the application could be amended to include the necessary items then it could be submitted. Sally Sparks, Chico Youth Center, a~ked~hat if it is referred back to the Advisory Committee ,wilt they then make a recommendation to amend the application. She requested that the Committee meet sooner than October so that the County could apply for the funds, Chairman Winston requested that Ms. Spraks meet with Mr. Turpin to discuss her request. Supervisor Richter stated that there is some additional money available in this grant; Chico Youth Center and Rape Crisis will make application for the funds. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously Page 291. September f9, f978 _____Septemberl9= 1978 ________ carried, recommendation set out in the memo of September 14, 1978 were approved; Resolution 78-158 approving the program application and Resolution 78-159 giving, assurances of nonsupplantation were adopted and the Chairman authorized to sign, providing that. the CETA transition be deleted, in the amount of $30,000.00. 78- 1796 BUDGET TRANSFER APPROVED On motion of Supervisor Madigan, seconded by Supervisor Lemke and ', unanimously carried, -the fof[owing budget g<ansfer was approved: 8-13 Sheriff-Coroner (Rape Crisis Intervention) This transfer establishes an appropriation for the OCJP Rape Crisis Intervention project for the period July 1, 1978 to June 30, 1979 which. was approved by the Office of Criminal Justice Planning on September 14, 1978. Establishes an appropriation for professional and specialized services, $10,961 and allocated costs received, $150; total, $11,111. Final cost sharing ratios are: federal, $10,000 (90°l°); state, $555 {5%); and focal, $556' (5%) (Chico State University). 78-1797 REPORT BY JIM RACKERBY, CETA FUNDING Jim Rackerby, Personnel Director, reportedahat Conkress has not yet adopted the billing for CETA. He has sent notices to the CETA employees that the ', County has employed at this time. Two weeks notice is required for lay-offs. Without the notices, the County General Fund would be responsible for the paying of these employees. Dept, of Labor has informed Mr. Rackerby that they will recommend denial of the Title it program. Personnel will move the 20 police officer from Title I to an alternate plan. Mr. Rackerby stated he has had assurance that the Federal Government will approve the program. He will report back next Tuesday, RECESS: The •Board recessed at 9:53 for an Executive Session. RECONVENEDs The Board reconvened at ]0:00 a.m, following an executive session; ', County Counsel was instructed regarding the proposed agreement with P.Ga & E. for the purchase of water. No official action taken. 78-1798 PUBLIC HEARING: ABANDONMENT OF PORTION OF EL PASO WAY IN CHICO: ABA ND ME NT DENTED The public hearing on the abandonmentof a portion of EI Paso Way in Chico held as advertised. [t was stated that a great rdea;;~r~s~,rl~pox~derECeehas been ', received regarding this abandonment. Hearing opened to the public. Clay Castleberry, Director of Public Works, set out the area involved and the possible alternatives that will be suggested. He stated he had met with some of the people on EI Paso Way that were concerned about the traffic on EI Paso Way; Supervisor Richter also met with these people. Supervisor Richter stated that there are about 3,000 cars per day on this road. Supervisor Richter asked that if there had been proper planning and cop~i~ination, ' would the County have this problem today. Mr. Castleberry did not know the answer to this question. Page 292, September 19, 1978 ________________ Se~temberl9„1478=====___=_=_=__=- _ r'1 Appearing: I. Mr. Hugh Skilier, East Lassen Avenue. He stated that if the Board approved the opening of the entrance on White Avenue, this would take people off EI Paso. He supported the opening up of the gate to Whifie Avenue. 2. Mr. Ed B4iocchi, 7DI E. Lassen Ave., Chico. He filed two petitions. One petition opposed the closing of El Paso Woy; the other requested the opening of White Ave. He stated he opposed the closing of EI Paso Avenue. EI Paso took on the burden of the traffic when White Avenue was closed, 3. Mr. Don Skillen. He stated he livers in the Casa De Flores Mobile Home Park. He felt it would be wrong to close El Paso Way; expressed his opposition to this closing. 4. Mr, bhn Otto, EI Paso Wayo He requested the closure of EI Paso Way. He stated he was concerned about the dangerous conditions that exist on this street. 5. Mr. Elmer Nelson, East Lassen Ave. He did not-think that the closing of EI Paso would help the traffic problem. Expressed his opposition to ', the closing of E1 Paso Way. b. Ms. Kay Tiner, E1 Paso Way. .Spoke on the safety of the children in that areao She felt that the safety and life of a child was more important than the convenience to the people and the saving of gas. She stated that EI Paso was not designed for a thoroughfare. 7. Beth Langford. She asked what would happen to White Avenue if EI Paso were to be-closed. 8. Mr. David West, EI Paso Way. He stated that he was in favor of any, solution that would eliminate or reduce the hoards on EI Paso Way. Expressed his reasons for the closing of EI Paso Way. 9. Florence Hord; Casa De Fdctres Mobile Home Park. She stated that with the closing of White Ave it places a hardship on Emergency Vehicles to go to people and locations needing them. She felt it would be far better to have the White Avenue gate open to spread the traffic. 10. Mr. Downing, El Cerrito Avenue, Chico. Ne felt-each side would have to give a little. He is in favor of the closing of EI Paso Way. II. Ms. Reva Arnett, EI Paso Way, manager of Casa De Flores Mobile Home Park. Expressed her opposition to the closing of EI Paso Way. 12. Mro Larry Reed, 2573 EI Paso Way, spoke in favor of the closing of EI Paso Way. 13. Mr. Ken Langford, White Avenue, spoke in opposition to the closing of EI Paso- Way, Page 293. September 19, 1978 ________________Septemberl9J 1978 ----------------- ------------------------------------------- 14. Ms. Muriel Nathan, White Avenue. She did not-feel that directing the traffic to White Avenue would solve anything. Closing one street when there is increased traffic will not solve the problem. Spoke in opposition to the closing of EI Paso Way. 15. Mr. Fienty Curtis, EI Paso Way. Spake in opposition to the closing of EI Paso Way. Hearing closed to the public and confined to the Board, Supervisor Richter questioned Mr. Castleberry about the alternative solutions to this problem. Mr. Castleberry suggested that the gate on White Avenue should be opened. He also suggested that it would be ideal to have approach ramps to the freeway at Lassen Avenue; but-this would be too costly at this time. The third recommendation made by Mr. Castleberry was the extension of Tom Polk Avenue to the back of the Everglo property. This would provide another access. The fourth recommendation would be to construct a road adEacent to the freeway; this would require the relocation of three mobile homes. Also suggested signalization at the intersection he pointed out on the Board. Mr. Castleberry felt they should proceed with the opening of the gate to White Avenue. Supervisor Richter asked where the funds would be taken from to construct the new road. Mr. Castleberry stated that the road could qualify for several ' different funds. It could come from Special Roads Fund; could also come from the "In-lieu "fund. Time spent discussing the closing of EI Paso Way and possible alternatives that could be used. Supervisor Richter felt that leaving the road opened without a solution would expand the problem. He felt an alternative solution was needed. ,<:: Extending TomF~9licAvenue and utilizing White Avenue discussed. Supervisor Richter stated he was in favor of these alternatives. He felt a road was needed to handle the traffic in that area. Mr. Castleberry stated that if the Board determines that it would be helpful to have the extension of the Tom Palk Avenue built, he would then look at the developer's plans, then would look at-the additional cost-for the extension to determine what the cost to the County would be. It was moved by Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, that the abandonment of a portion of E( Paso Way in Chico be denied, providing that the extension of Tom Polk Avenue through the Everglo Development to connect Lassen Avenue to East Avenue be the policy of this Board. It was moved by Supervisor Madigan, seconded by Supervisor Moseley and unanimously carried, that the gate leading from rasa De Flore Mobile Home Park to White Avenue be removed. RECESS: 11:25 RECONVENED :. I I :29 Page 294. September 19, 1978 ---------------- Se~tember19L1978__-- 78-1799 APPEARANCE: JUDGE ANN HOUGHTON, CHICO MUNICIPAL COURT Judge Ann Houghton, Chico Municipal Court, stated that she had heard that the Work Program might be .,eliminated. Background of the program set out by Judge Houghton, explaining ltiow this program helps with the payment of fines. People are sent out to complete a k assignment in lieu of paying a fine. The person can be jailed if he daes nofi complete a work program assignment. She believes it is a valuable program; a good and vital program. Chairman Winston stated he has gone through the material, He believes that in light of this information and the information that he has gathered, the plan should be continued. The County's amount for this program is $11,000 in local hard match. The program will be starting into its third year on December 1st under CCCJ. No action taken at this time; Board will consider the program during Budget consideration. 78-1800 IPUBLIC HEARING: HOWARD & LESTER GREENWOOD, PROPOSED NEGATIVE DECLARATION & REZONE: ADOPT ORDINANCE 1967 The public hearing on the Howard & Lester Greenwood proposed negative declaration and rezone from "TM-2" (timber mountainous) to "C-2" (commercial) property located 3,000+feet south of Villas Road and Cohasset, City of Cohasset 2~ miles +to the north, identified as AP 56-I7-23 was held as advertised. Earl Nelson, Environmental Review Director, set out the background of the proposed negative declaration, The proposal is for a auto repair garage to be placed on the property. Development potential set out. He stated that this is.in conformaaee with the General Plan. The magnitude of the changes are no is~ghfiifaaaht. Bettye Blair, Interim Planning Director, reported that she had nothing further to add other than #hat the Planning Commission felt that this was in conformance with the General Pian and they recommended ° approval of the rezone. Hearing opened on the negative declaration. Appearing: no one. Hearing closed and confined to the Board. On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the Board finds that the proposed project could not have a significant effect on the environment and a negative declaration be adopted . On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the Board approved the rezone, with the finding that it is conformance with the General Plan and that it is in the public good that the recommendation be approved; adopted Ordinonce 1967 and authorized the Chairman to sign, 78-1801 PUBLIC HEARING: MR. & MRS. LAWRENCE J. LAWSON, APPEAL OF ADVISORY AGENCY'S CONDITIONS #3, 4 and 12 TO A TENTATIVE PARCEL MAP c nearing on September 19, 1978 _ _ _ _ _ _ _ September ! 9~ 1978 Advisory Agency's conditions #3, 4 and l2 to a tentative parcel map, AP 52-032-06 and 09, four lots, south side of Valley View Drive, approximately 2,000 feet west of Oliver Road, Paradise was held as advertised. ', Bettye Blair had no comments on this. Clay Castleberry, Director of Public Works, said this was a four parcel division with limited access and right-of-way. Mr. Castleberry recommended that the Board uphold the appeal on the matter of the access. The developer will pave a 24' access road with a gravel walkway on the sided He said this would adequately provide for the safe access to the parcels. Condition No. 3 would still be required except that ', it will be a 24' paved access road with a 4' walkway on one side. ', Hearing opened to the public. Appearing: ', I. Robert Guth, represen#ing the applicant. He concurred with the ', statements of Mr. Castleberry. Hearing closed to the public and. confined to the Board. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the appeal of Mr. grid Mrs. Lawrence J. Lawson of Advisory Agercy's Conditions #3, 4 and 12 to a tentative parcel map, AP 52-032-06 and 09, four lots, south side of Valley View Drive, west of Oliver Road, Paradise, was upheld, adding a 24' paved road with a 4 foot pathway on one side as a substitute for Condition #3, amending the condition to call for the construction of the 242 access road. 78-1802 PUBLIC HEARING: ROBERT & MARGOT KEMPH, PETITION FOR VARIANCE TO SECTIONS 19-10 and/or 19-12 OF COUNTY CODE FOR PLACEMENT OF MOBILE HOME AT 470 MISSION OLIVE ROAD, OROVILLE ', The public hearing on t e Ro rt and Margot Kemph petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at 470 Mission Olive Read, Oroville, AP 28-19-0-076, was held as ', advertised. Lynn Van Hart, County Sanitarian, set out the background of this petition. This will be for the elderly mother of the owner of said property. Health Department has no objections to the placement of the mobile home. Hearing opened to the public. Appearing: no one. Hearing closed to the public and confined to the Board. On motion of Supervisor Moseley, seconded by Supervisor Madigan and unanimously carried, the petition for variance to Sections IS?-10 and/or 19-12 of the Butte County Code for placement of a mobile home at 470 Mission Olive Road, Orovi Ile, AP 28-19-0-076, was approved for Robert and Margot Kemph for a period of one year. 78-f803 71PPEARANCE: JAMES HANSON, OROVILLE James Hanson, Orovi Ile, stated he was present because of a tax problem. He said lie never dreamed he would be hit with a 3000% increase in taxes on his mining property. He went#o the Assessor's Office and they Page 296. September 19, 1978 ______________~~'fem~e119~19Z8_====__-__= _______ told him to pay his taxes until the court hearing was held. He felt that the matter was being handled wrong, They have raised the value of his property about four times what it had been assessed, He was told that the Board has expressed itself regarding the tax rate. This Board set the tax rate as last year's rate. 78-1804 APPEARANCE: PAT BOWEN, CRISIS INTERVENTION Pat Bowen, appearing on behalf of Crisis Intervention, requested that the Board approve the augmentation of the Rape Crisis Intervention program. On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, the Board approved the .amendment to the Grant application to include the Rape Crisis Intervention program 78-1805 PUBLIC HEARING: LESLIE R. STEIDL APPEAL OF ADVISORY AGENCY'S DECISION TO APPROVE A TENTATIVE PARCEL MAP OF LEONARD ORR The pu lic hearing on the Leslie R. Steidl appea of Advisory Agency's decision to approve a tentative parcel map of Leonard Orr, AP x-"30-20, two parcels, being a portion of the SE I/4 of Section 36, T22N, RSE, Enterprise area was held at this time. Mr. Castleberry set out the background of this appeal. The property is in the Craig-Mooretown area. The home would be located on the level area of the property. Del Siemsen, deputy county counse;,stated that the hearing will be on the environmental appeal. Hearing opened to the public. Appearing: I. Leslie Steidl. She stated that the upper parcel created two parcels. This parcel already has a house on it, In the environmental impact study, the planning staff recognized that the soil in that area was difficult to deal with. It appears that Parcel I does not have a good building site on it, It was stated that a house could be built an a slope; this could be a legal division. Ms. Steidl felt ahtr~ in allowig~ the division of parcels in an area that is being considered to be rezoned, it would be in opposition to the stand of the Planning .Commission, Hearing closed to the public. Earl Nelson stated that the Environmental Review Committee recommended a negative declaration, without requiring mitigation measures. He said that in this case, it would be preferable if the mitigation ploys would be employed. They do not require the prepra~~tion of an impact report. On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the Board finds-the proposed project could not have a significant effect on the enviror~t!rrr;~nt, and adopted the negative declaration as recommended . 78-[806 APPROVE ROSE HILL SUBDIVISION FINAL MAP A conditions of tentative approva have been met for the 19 lot subdivision located south of Roe Road, north of Rosehill Road, Paradise. ~ On motion of 5uperivs~r,r Page 297. .;._, _. ptember 19, [~78 _. ... _ _ . -- ------ On motion.of Supervisor Richter, seconded by SupervESOr Moseley and. unanimously carted, the Appeal of Leslie:. Steidl: was~'rejected on fhe grounds thaf the Board has adopted the negative declaration and that the division is in conformance with the General Plan. ________________Septemberl9s 1978 _______ 78-1806 APPROVE ROSE HILL SUBDIVISION FINAL MAP All conditions of tentative approval have been met for the 19 lot subdivision ', located south of Roe Road, north of itosehill Road, Paradise, On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried,-Rose Hill Subdivision final map was approved for recording. RECESS: 12:15 RECONVENED : I :30 78-1807 AUTHORIZE PREPli'~iATION OF HOME MANAGEMENT TRAINING GRANT ', The State Department of Housing and Community Development has requested proposals far participation in the Home Management Training ,Program imcanjunction with the Community Development Program. Larry Brooks stated that Ward Connerly had called him and stated that they have funds available for this program. The grant would provide financial counseling and staff assistance. The effect would be to provide the County with some money that could be used instead of CETA funds. Mr. Connerly will write the grant without cost to the County. Mr. Brooks recommended that the Board approve the request. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, preparation of grant as recommended by Mr,. Brooks was authorized, wand d~:t#'1tArci~Bc~S~ic+~rt,~ipipp~ictral lit~y W~rdC~romr~~~b in the preparation of the planning grant. 78-1808 DISCUSSION: EL MEDIO DITCH ', A grant loan proposal has been prepared to replace and fi Il the ditch. Federal funds in the amount of $283,000 are available with a required local match of $168,000. Mr, Brooks stated that local match requirement would be $!68,000 from Revenue Sharing funds. It was asked if the EI Medio ditch was on the priority list for use of Revenue Sharing funds. Matter discussed; it was suggested that Supervisor Richter and Chairman Winston could meet with Mr.[~ooks and Mro Mickelson to discuss this project. Before next Tuesday, Mr. Lively, Mr, Brooks, Mr. Mickelson, Supervisor Richter and Chairman Winston will. meet to discuss this matter, No action taken at this time. 78-1809 CONSIDERATION OF CANCELLATION OF PETER D. PETERSON ENCROACHMENT PERMIT TO CROSS NO RD GIANELLA ROAD WITH TRACTOR Paul Minasian, attorney at law, spoke concerning the consideration of cancellation of Peter D. Peterson encroachment permit to cross Nord Gianella -Rand with tractors. Mr. Minasian took time to set ovt the background of this problem, setting forth what has transpired to date. Mr. Peterson has tried to tolerate this situation. Mrs. Hampton `s pavement is on County right-of-way. Mr. Peterson must put down tires to get on the bridge; pavement has been placed across the bridge. Encroachment permit has a paragraph written by Clay Castleberry sfafing that the County would not maintain this easement. About a year ago Mrs. Hampton requested that the Sheriff arrest the employees Page 298. September 19, 1978 _______Septemberl9l 1978 ___________ moving Mr. Peterson's equipment. None of the actions were prosecuted. There are three bridges to cross with gravel between the bridges. There is a ship of asphalt placed there by the County., v,7h~h ~ar~lt~t ~~iiro$I~Ie¢~ar~r~s. Solution to problem discussed. It was suggested that the pavement in front `:~ of the Peterson property 6e removed. The sign at the road should be removed. The permit should be specific in that there would be no renewals of the pavement in front of Mrs. Hampton's home. Supervisor Lemke questioned Mr. Minasian about Mr. Peterson's operation. He asked if Mr. Peterson had slow-boy to move the tractors; Mr. Peterson does not have aloes-boy. Mr. Castleberry read the provisions of the permit. Mrs. Hampton spoke at this time, referring to a letter written to Mr. Peterson by Public Works. stating that tractors should be kept off the pavement in front of Mrs. Hampton's house. She stated that 3-feet of pavement was chewed off the side of-the road. .She stated that Mr. Peterson was constantly eroding the edges of the road. Supervisor Richter said he had removed the sign at the road by this property. Chairman Winston asked Mrs. Hampton what she ,would like to have the Board do to solve this problem, Mrs. Hampton said she felt that Mr, Peterson should have his encroachment permit revoked. He should-keep his equipment off the road. Chairman Winston asked Dan Blackstock, County Counsel, whether the County owned the road. Mr. Minasian alleges that because the hrlampton's placed the black top on the road, the County does not own the road. Also, under County ordinance, ', ~ permit is required to move equipment with cleats on County roads, Supervisor Richter set out his thoughts on this problem. He felt the Covnty should remove the asphalt from the bridge; construct a triangle at the intersection and construct a concrete apron on each side of the. bridge. He stated that automobiles and trucks also go-over this road and bridge. He said the second problem was that there was wear to the road and the County has patched it. Chairman Winston asked Mr. Minasian if there was some way that this could be compromised. Mr. Minasian stated that placing the concrete aprons on the bridge will not solve the problem. Chairman Winston felt the problem should be solved today. Mr. Castleberry stated that some of the marks on the pavement were made by rubber tired vehicles. It was stated that concrete cross-overs would cost about $5,000 as the concrete would have to be quite thicko Chairman Winston stated that this is a farm road in farm land. The people should expect farm equipment to go over these roads. Solutions to the problem discussedo Supervisor Richter felt that both parties should participate in the construction of the concrete ramps, Supervisor Lemke stated that it was obvism~.tsthat damage has been done to the road and bridge by tractors. He said he was not in favor of cancelling the permits. The permit states that tires will Page 2990 September 19, 1978 ______________~Etemberl9~ 1978____________ be used for crossing. He said he could hot help but believe that cleat damage should be repaired by the owner of the tractor. He felt that tires were not used or the damage would not be there. The tires should be thrown each time the equipment is driven on the road.. Supervisor Richter stated that ne~4i'elr party is willing to give in this problem. He felt there should be some give and take in this problem. He would .like to see both parties participate in the construction of the approaches to the bridge. Supervisor Moseley stated that Newhall also uses this road. Chairman. Winston stated that there has been no suggestion that would be acceptable to these people. As far as he is concerned, Mrs. Hampton could keep on making public arrests and Mr. Peterson could continue to use the road. The County is not going to spend one dime on this road. Supervisor Lemke stated he would go along with Supervisor Richter's statements. He stated that both permits should be adhere to. Chairman Winston said he felt that the County has been- very cooperative in this matter. No other action taken on this matter at this time. 78-1810 APPROVE HEAD START GRANT SUBMISSION A proposal as een prepared to_go to the Department of Health, Education and Welfare for the 1979 continuation of the, Head Start Program in the amount of $304,468 in federal funds and $76,117 in nonfederal funds. Nadine West, Director of Head Start, explained -the grant. ©n motion of Supervisor Moseley, seconded by Supervisor Richter and unanimously carried, grant for submission was approved and the Chairman authorized to sign. 78-1811 APPROVE MONTHLY RENTAL AGREEMENTS-CASTLE PROPERTY OF CHICO & MAURICE D. OR MILDRED DALTON On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the following monthly rental agreements were approved and the Chairman authorized to sign: I. Castle property of Chico for premises at Route 2, Box 433E in the amount of $400 permonth for use. by the Head Start Program as a central office for the Chico home base programs involving parent workshops and mini classrooms. 2. Maurice D, or Mildred Dalton property far premises at 980 Bridgeford Street, Gridley Cars• amount of -$110 per month for use by the Head. Start Program as a central office for the Gridley home base programs involving parent workshops and mini classrooms. 78-1812 APPEARANCE: GERALD DE ROCA, PROPERTY ON ORO DAM BLVD., WEST Gerlo~l De Roca, P.O. Box 205, Oroville, explained that he had a pardel of land on Oro Dam Blvd, West at 14th Street. It has low density residential zoning. Within the last three years there has been a Short Stop Market and other commercial enterprises built in that area. The State has requested that no more traffic be allowed to go onto this State highway from parcels along the highway. Page 300, September 19, 1978 _____________dpi_emk~~19~1978=====_____-______ He suggested that maybe the County should zone more of the area as a residential district. He felt that if the County is mandating that the people rezone, the people should not have to pay for the rezone or the E,l.R, He stated he does not want to have to pay for the rezone of his one-half acre parcel, Mr. De Roca stated he pdbns to divide his property; he`started this division a long time ago. Yesterday the Advisory Committee approved it because he waived access to Oro Dam Blvd, One of the conditions of the division is that he apply for a rezone. Bettye Blair explained the situation. She stated that the zoning situation would not= hold him up on what he does with his property. Mrs. Blair wiFl give a report for guidance next week. Chairman Winston suggested that Mr. DeRoco wait at this time to see what will happen. Mrs. Blair will report back to the Board after the October 4th meeting. 78-1813 REPORT FROM WELFARE DIRECTOR CONCERNING GENERAL ASSISTANCE WORK PROGRAM REQUIREMENT Bob Crisan, Welfare Director, reported on the general assistance work program requirement. He.referred to the memo in answer to letter the Board received about the wage received under general assistance. Mr. Crisan stated that the work regixiaement was equated. Supervisor Richter felt the County should pay the minimum wage scale, These people should not.be penalized. Mr. Crisan said he would suggest that the County take this up with the neighboring counties. Chairman Winston feels that the argument has merit. This relief is an emergency relief; it was not designedfio find n job for the person regf~9j relief. Chairman Winston felt this should be taken up at the next Nine Northern Counties Supervisors Association meeting. No action taken at this time, A recommendation will be given following the Supervisors Association meeting. 78-1814 FORMULATION OF BOARD POLICY CONCERNING STATE ADMINISTRATION OF WELFARE- DISCUSSED Mr. Crisan reported on the formulation of Board policy conceiming state administration of Welfare. He stated that in addition to the letter received, he sent to Mr. Mickelson a copy of letter from the Welfare Association. He said Data Processing is supported by Welfare projects in this County; County Counsel is reimbursed for about one person in his office. He stated that there is no proposal that will take over the en#ire GA program from the County. The services will be the County's responsibility; they will continue to be county employees. Only the Eligibilifiy Section would be State supported. CSAC has requested-that the Board come up with a recommendation and they hope that the Board will adopt their positiono Mr. Mickelson stated thnt prior to Prop. 13, he was in support of giving the entire thing to the State. The State has come in now and picked up most of the costs. _ Page 301. September 9, 1978 --------------Sep#~rn6gr_IQ,~1Q7$~~~~~~~~~______ _....~W___~._______ Mr. Mickelson will analya~ the request of CSAC and will report back to the Board. No action at this time. RECESS: 3:35 RECONVENED: 3:45 78-1815 AUTHORIZE PAYMENT OF CA NC~>"~~LTi~~I~IQ~~~~i AiNSTALLMENT PENALTIES, ALL INTEREST & COSTS: KENNETHA. MATHER A request for penalty relief has een received for Assessor's Parcels 72-29-100, 72-29-013, and 72-29-051. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried,. cancellation of the second installment penalties and ', all interest and costs was authorized for the Kenneth A. Mather parcels, set ', out above . 78-1816 SURPLUS TREES IN CHICO: DECLARED SURPLUS i Public Works requests that sixteen walnut trees within the Chico area be declared surplus. On motion ofSupervisor Lemke, seconded by Supervisor Madigan and unanimously carried, sixteen walnut trees within the Chico area was declared surplus and purchasing agent vests authorized to place out to bid. 78-1817 REPORT TO BOARD ON BID OPENING: SKYWAY FAS PROJECT NO.Y742(I): AWARD OF BID TO BUTTE CREEK ROCK CO. C ay Caste erry, Director of Pu is Works, reported on the bid opening for the Skyway FAS Project No. Y742(I). If the Board considers awarding this bid, it should be considered as a supplemental adjustment to the .final budget for the costs above the estimated cost. Awarding of bid discussed. .Bids were received from: Butte Creek Rack $538,405 Robinson 543,228 J. F. Shea, Redding 557,166 On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the Board authorized the awarding of the bid to Butte Creek Rock Company in the amount of $583,405; authorized the increase in road construction budget, for Skyway and Bull Hill Road Bridge to cover bid. overruns and award in the amounts of $145,442.00 for the Skyway and $51,000.00 for Bull Hill Raad Bridge; using $44,975 new FAS money and $41,110 of new State Local Assistance monies for a total of $86,085 new revenue and the balance of $110,357 to come from unbudgeted surplus in Fund 30; and with the understanding that this is to be considered as a supplemental adjustment to the final budget cypproved by the Board September 13, 1978. 78-1818 APPROVE WAIVING OF FEES FOR APPLICATION OF VARIANCE TO ALLOW MOBILE HOME ON CENTERVILLE CEMETERY PROPERTY Ms. Blair reported on the request for variance to allow a mobile home on the Centerville Cemetery property. Harvey Johnson was in her office and she did find a permit that wasPias~suee~0~ 1971. In 1975 they replaced that unit with another unit, Mr, Johns s a ecf he had talked with tw Boarc~mer~ber~~8 Page 30 2. ~eptem r_ , -------------- Septemberl9~1978____-____._-~_-_-_ [t was felt this man could not be given any relief except through a hearing process. The other mobile homes were located at the same site. Mobile home utility installations have been issued, It wartfelt that the matter should be handled through an application for a variance to locate the mobile. home on this property. On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, fees in connection with application of variance for fhe locating of a mobile home at the Centerville Cemetery District were waived. 78-1819 APPOINT BETTYE GLAIR PLANNING DIRECTOR On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, .Bettye Blair was appointed Planning Director of Butte County. Supervisor Richter stated he made this appointment for several reasons; this would give her the authority and strengthen her hand and secondly, that she has demonstrated good qualities of leadership out at the Planning Department. 78-1820 REPORT ON BURT C. LO WEN APPEAL OE CONDITIO>\IS CONCERNING SUBDIVISION: HELD IN ABEYANCE AT THIS TIME Chairman Winston stated that there would be a further report coming in from the rea! estate office, He suggested that this be held in abeyance. No action at this time, 78-1821 APPROVE APPOINTMENT TO HUMAN SERVICES ADVISORY COMMISSION On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, Glen M. Halsey, 142 Worthy Avenue, Oroville was appointed a member of the Human Services Advisory Commission. 78-1822 APPROVE APPOINTMENT TO THE COUNTYJEU~1TiC~lS11[S~IIiNI~ADAS!`.~ GROUP ', On motion of Supervisor Richter, seconded by Supervisor Madigan and j unanimously carried, David Faber was appointed a member of the County Justice ', System Advisory Group, representing the Juvenile Offenders sector. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, Larry DeVore, from AA in Gridley, was appointed to the County Justice System Advs~ry Group, from the private agency serving public offenders sector. 78-1823 APPROVE APPOINTMENTS TO THE HOUSING AND COMMUNITY DEVELOPMENT ADVISORY COMMITTEE On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the following were appointed to the Housing and Community Development Advisory Committee: Carl Muster 985 Ellene, Chico Lila Effman 2273 Wyandotte Avenue, Oroville Dirk Delu . 964 Madigan, Chico Page 303A September 19, 1978 _ September 19,_1978___._________ 78-1824 COMMUNICATIONS Lippincott Surveying; Paradise. The Surveyors, on behalf of Rny West, appeal the Advisory Agency's conditions #I and 6 on a tentative parcel map, AP 50-04-59, two lots, southwest corner of Ginny Lane and Pentz-Magalia ', Highway, Paradise. Set for hearing on September 26, 1978 at 10:15 a.m. Mr. and Mrs. R. W. Du Bose, Chico. Mr, and Mrs. Du Bose write in opposition to the proposed closure of EI Paso Way in Chico. Handled during hearing earlier in this meeting. A. C. Pritchard, Chico. Mr. Pritchard writes in opposition to the closure of EI Paso Way in Chico. Matfer already handled this morning, Casa DeFlores Mobile Home Community. The Organization writes canceming the opening of the White Avenue entrance to Casa DeFlores Mobile Home Community to help eliminate the congestion brought to the other streets in the area. Handled earlier in the meeting. ', Patricia Brazil, Paradise. Ms. Braxil writes concerning effective spraying for mosquitos to prevenT ncephalitis. Discussed. Supervisor Lemke offered ', his support to this prablem. Mr. Mickelson will refer this letter to ', Dr. Hazeltine stating that this Board endorses his effort to use pesticides to control these deseases. Adrian W. Tl)nomson, Oroville. Mr. Thomson presents a claim in the amount of $IOO,000.as a result of damages suffered for false arrest. See motian following communications. Adrian C. Sherman, Oroville. Mr. Sherman writes concerning the effectiveness of the county's environmental health program, Discussed. Mr. Mickelson to write to Mr..Sherman and request dates, names and how or who gave this information to him. Minasian, Minasian, Minasian, Spruance & Baber, Attorneys at law. The Attorneys, on behalf of Peter D, Peterson, write with regard to the encroachment permit of Mr. and Mrs. Waring Hampton. Handled earlier in the meeting. City of Oroville. Mayor Sylva writes concerning the county's attempt to reduce the cost of providing animal control services in Butte County, No action; it was felt that this was mute until a decision is made. County of Marin. The Chairman of the Board requests letters be sent to call a special session to authorize additional funding for special districts in regard to Senate Bill 2223. Discussed; na action, Northern California County Supervisors Association. The Association requests Board input concerning the arrangement for meetings of that organization. Discussed meetings and places to meet. Suggested that they meet once every three months in REdding for a day meeting starting at 9:00 a.m. Administrative Officer to write to Association setting forth -the Board's suggestions. Page 304. September 19, 1978 State Department of Water Resources -The Reclamation Board. The Department writes with regard to the issuance of building permits within designated floodways in the county. Discussed. Referred to Building Department. Supervisor Madigan felt the Planning Department should be made aware of flood planning. Supervisor Madigan toasall Mr. Wright about the floodways. Community Services Administration. The Department writes with regard to a cost of living salary increase for the EOC Director. It is to be noted that this letter was dated August I1, 1978 and that the Board understood that the salary increase had been approved in prior grant modification. 78-1825 REJECT CLAIM OF ADRIAN W. THOMSON, OROVILLE On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, the claim of Adrian W. Thomson, Oroville in the amount of $100,000 as a result of damages suffered for false arrest was rejected and referred to County Counse I , 78-1826 INFORMATIONAL ITEMS Board discussed the letter from the Board of Supervisors of Glenn County in which they request this County write to the State of California requesting the $1,200 for rent allocation and Veteran Service Officer. Butte County also receives $1,200 for the salary of the director and they are requesting that Butte County ask the State for Glenn Couhty's $1,200 due to the allegation that Butte County has the work load from that county. Mr. Mickelson will follow through and see if the State will allow this double payment to this County. Acknowledged the memo from Administrative Officer about self-insurance program. Acknowledged the memo from Dr. Svihus regarding clerical assistance to advisory committees. Administrative Officer to study at later date. RECESS: The .Board recessed at 4:45 to reconvene o.n September 20, 1978 at 10:00 a.m. for budget session e Page 305. September 19, 1978