Loading...
HomeMy WebLinkAboutM101778"\ OCtObBr 17. i~7:; STATE OF CALIFORNIA ) SS COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.ma pursuant to adjournment. Present: Supervisors Lemke, Madigan, Moseley, Richter and Chairman Winston. Clif Mickelson, Administrative Officer; Dan Blackstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Assistant clerk to the Board. Pledge of aldgiance to the Flag of the United States of America Invocation by Supervisor Moseley 3-1972 APPROVAL OF M[NUTES On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the minutes of October 10, 1978 were approved as mailed. 8-1973 AUTHORIZE PERSONNEL TO ISSUE SERVICE AWARDS FOR THIS YEAR During the udget discussions, the Board a iminated the Employee Service Award Program as part of an economy move. Personnel has an inventory of awards purchased last year to cover this year's presentations. Butte County Employeee Association representative, Don Ordt, urged the Board not to drop these service awards; the Association wi I1 pick up all costs for these awards that the County could not meet, Mr. Rackerby stated this matter could be handled this year by the County and'the matter will be discussed again next Budget time. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, Personnel was authorized to issue service awards for this year. 1974 P1gRSONNEt CLASSIFICATION PLAN ADOPTED AS PRESENTED BY PERSONNEL Prior to budget sessions, the Board established a policy preventing reclassification of county positions to higher class levels. Certain problems have developed in carrying out this policy in view of changing administrative and mandated procedures. The Bowl's instructions at that time were not to bring reclassifications to them that would result in higher paying jobs. During that period of time Personnel has received a number of upward reclassifications proposed by various county departments. These proposals have been rejected or set aside far further study in light of the Board's policy. Problems are now developing as a result of a blanket exclusion to any upward reclassification of positionso There is a back-up of a number of classifications in severhlicategories. At this time, Personnel has over 100 vacant positions, 70 of which are bonefide reclassificationso Supervisor Richter stated that the County has good professionals to run this County; they should be asked how a policy should be developed to avoid the pitfalls that Mr. Rackerby is talking abouto Mr. Rackerby stated he did have a suggestion. Instructions should be given to Administrative Officer and to Personnel Director to look at the requested reclassification, Page 363. ', October 17, 1978 ____=^~__________ Octoberl7y1978 `=______ study it and then make a recommendation to the Board so that the Board members could study the proposed reclassification and the recommendation. Mr. Rackerby stated that they could sbbmit the proposed reclassification in a narrative form. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, recommendation of Personnel Director regarding the Personnel classification plan was adopted at this time. 78-1975 APPROVE MENTAL fiEALTH EQUIPMENT PURCHASES The Mental Health Department is requesting the purchase of two folding tables, $IbOpnd aten digei# printing calculator, $200. The department proposes to purchase the~quipment from savings generated from not purchasing filing cabinets approved in the budget. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, Mental Health equipment purchases were approved as set out above. 78-1976 APPROVE RENTAL AGREEMENT FOR HIGHWAY PATROL OFFICE Agreement has been reached with the Stile of California to increase the monthly rental rate from $1,150 to $1,500 per month which is beiievedto be a fair price. On motion of Supervisor Moseley, seconded by Supervisor Madigan and unanimously carried, rental agreement for Highway Patrol Office approved and the Chairman authorized to sign rental agreement at $1,500 per month. 78-1977 APPROVE PAYMENT OF CLAIM AGAINST LIVESTOCK INDEMNITY FUND A claim has een (received-from Ross Ha Smith in the amount of 100-for sheep killed by dogs. Discussed budget for this fund, It was felt that there should be a change in the way this budget is setup. There is not enough to operate the animal control program. It was felt there should be two funds. The County should spend the license monies first, then when the license fees for dogs has been used, then could start on General Fund monies. Discussed. On motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, payment of claim to Ross H. Smith- in the amount of $100 was authorized from Livestock Indemnity Fund, subject to availability of funds. 78-1978 APPROVE BID SPECIFICATIONS FOR ANIMAL CONTROL CONTRACT A bid package has been prepared for contracting for animal control services and is being submitted for'.. Board considerat®on. Location of the shelter discussed. There has been opposition expressed to the location on Clark Road. It was stated that when this goes out to bid that there will be an option as to a centralized location for the shelter. On motion of Supervisor Richter, $econded by Supervisor Madigan and unanimously carried, bid specifications for animal control contract were approved, Page 364. October 17, 1978 ______________,~_ October 171978_ and issuance of a notice to call for bids authorized. 78-1979 DISCUSSION: RE PORTON FEATHER RIVEROPPORTUNITYCENTER PARKING LOT Report on Feather River Oppottunity Center parking lot discussed, Mr. Lively and Mr. Castleberry gave the background of this situation. Mr. Lively stated he had discussed the matter with Mr. Castleberry and Mr. Dufus. The lot is failing. There are two spots that have penetrated the sub-soil. The third area is in a asphalt drainage that is cracking. The problem appears to be simply that the moisture is penetrating the asphalt and getting to the sub-soil. This area was repaired fast year. At that time it was recommended that the hard-wheel fork lift be abandoned . Mr. Lively explained why fhe paving is failing. There is nothing that can be done before this winter. Those areas that are failing will have to be avoided this winter. He estimated that the repairs would cost at least as much as the repairs last year . Mr. Lively stated he had no solution to the problem at this time. The lease agreement stated that FROC would be responsible for upkeeping the premises. -The FROG people stated that they can not recollect anything about the placing of a seal coat on the asphalt. Mr. Lively had a letter from FROC, signed by Mr. Dufus, stating that the seal coat would be placed on the asphalt when money was available. The Staff's position is that the County has invested enough money on this parking lot. No action taken at this time. 78-19$0 DISCUSSION: REPORtON REVENUE SHARING FUND Report on revenue sharing fund discussed. It was stated this was for information only; as the, Board had requested the report. Report held over at this time. 78-1981 BUDGET TRANSFER APPROVED On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the following budget transfer was approved: 8-15 .Mental Health General Services. Transfers $12,000 from house- ke;~~~ expenses and $5,000 from maintenance of structures, with $17,000 going toward professional and specialized services, in order to transfer appropriations for janitorial and grounds keeping expenses being provided by the Chico Work Training Center as part of contractual obligations. 78-1982 APPROVE CONNERLY AND ASSOCIATES CONTRACT A contract for Housing and Coremunity Deve.opment consultant services from the firm of Connerly and Associates through December 1979 is proposed in the amount of $57,800... Services are grant eligible. Contract discussed. On motion of Supervisor Richter, seconded by Supervisor Madigan and carried, contract with Connerly and Associates was approved and the Chairman authorized to sign. ABSTAINING: Supervisor L~rn9e 365. October 17, 1978 October 17l 1978 983 DISCUSSION OF SERVICES FOR LEGAL COUNSEL IN ATTAINMENT/NON-ATTAINMENT PLANNING (AIR POLLUTIO'N): LETTERAUTHORIZED TO CITY OF CHICO Services for legal counsel in attainment non-attainment planning regarding air pollution discussed. Dan Blackstock, County Counsel, suggested that the Board of Supervisors request that the City of Chico make the services of Bob Bains available in this area. The lettersi~~sgned~r-the Chairman, should ask whether or not Mr. Bains would be available to assist in this field, On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, a letter was authorized to be written to the City of Chico requesting the services of Mr,Ba111S to continue in the attainment/non-attainment planning for air pollution.tb '', It was asked why on Sunday there was such a tremendous pollution problem in this county. Joe Bandy, Ag Commissioner, stated that there was only one fire in the County on Sunday and' it was not Ag related. There was burning in the surrounding counties. The smoke from those fires moved in to this valley and the foothill area and will probably remain for a few days. Sunday had been declared a "No Burn "day for this area but it did not control the burning in some of the other countieso Discussed what could be done to prevent this air pollution in the future. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, Joe Bandy, Ag Commissioner, was instructed to prepare a letter for the Chairman's signature, requesting clarification of the Ag burning days and requesting that a new criteria be approved for Ag burning days, a copy of the letter to be sent to the Sacramento Valley Air Pollution Board and to all the appropriate agencies and to the surrounding counties. -1984 PUBLIC HEARING SET: PETITION FORVARIANCE-BEN & MABEL RINGER A public hearing was,set for October ~; 1978 at 10:30 a.m. for the Ben and Mable Ringer petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at Route I, Box 765 (Rodeo Avenue) Chico, AP 42-05-14. -1985 APPROVE PAYMENT OF INDIGENT MEDICAL BILLINGS Ten case billings have been received and processed by the Health Department with charges amounting to $13,753.71 and recommended payment of $IO,b22.38. On motion of Supervisor Moseley, seconded by Supervisor Lemke and carried, billings for payment'of indigent medical billings were approved and a transfer of funds from the reserve was authorized. ABSTAINING: Supervisor Madigan. -1986 APPROVE AMENDMENT TO DEPARTMENT OF REHABILITATION AGREEMENT An amendment to the State Department of Reha i itation agreement as een prepared in conjunction with the Alcoholism Program, The amendment changes the total value of services from $50,473 to $42,855 and the local share from $10,095 to $8,571. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, amendment to Department of Rehabilitation Agreement was dpt~and the Chairman was authorized to sign. ', Page 366. October 17, 1978 __________________October 17, 1978 __ -------------- 987 ADOPT RESOLUTIONS 78-175 through 78-178 GIVING NOTICE OF INTENTION TO SELL TAX DEEDED PROPERTY On motion of Supervisor Lemke, seconded by Supervisor I[~ir, and unanimously carried, the foldewing resolutions were adopted and the Chairman authorized to sign: Resolution 78-175 of intention to sell a single parcel of land at a minimum price of $345, AP 33-08-2-07 Resolution 78-176 of intention to sell a single parcel of land at a minimum price of $1,680, AP 36-29-0-67 Resolution 78-177 of intention to sell a single parcel of land at a minimum price of $700, AP 41-01-110 Resolution 78178 of intention to sell a single parcel of Land at a minimum price of $75, AP 33-13-25. RECESS: 9:50 RECONVENED: 9:55 1987 APPROVE LOTT ROAD (GARDEN DRIVE TO ACKERMAN AVE.) PROJECT On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, Lott_RDad from Garden Drive to Ackerman Avenue project was approved and the work was authorized by county forces. . 1988 APPROVE PLANS 8~ SPECS: CHICO RIVER ROAD BRIDGE @ M&T CANAL, PROJECT NO. 50143-77-I, FEDERAL AID SAFER OFF SYSTEM PROJECT NO.SOS-007(3) On motion of Supervisor Richter, seconded by Superv~or Lemke and unanimously carried, plans and specifications were approved for Chico River Road Bridge @ M&T C nal, Project No. 50143-77-1, Federal Aid Safer Off System Project No. SOS-007(3k Chairman and Director of Public Warks were authorized to sign the plans, wage sa:l scale adopted, and Department of Public Works was authorized to advertise project upon receipt of Federal Wighway Administration approval. -1989 APPROVE CONTRACT CHANGE ORDER NO. 2, CHICO WALKWAYS, PROJECT NO . C W-77-I On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, Contract Change Order No. 2, Chico Walkways, Project No.CW-77-1, in the increasing amount of $1,304.89 which provides for costs to contractor to relocate walkways at various locations was approved and the Chairman authorized to sign. -1990 APPROVE RELEASE OF BONDS: SUNLAND ACRES SUBDIVISION UNIT NO. 3 On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, release of maintenance bond, Sunland Acres Subdivision Unit No. 3 was authorized and roads in subdivision were accepted for maintenance. -1991 APPROVE FINAL MAP: CARRIAGE MANOR, PLANNED UNIT DEVELOPMENT On motion of Supervisor Moseley, seconded by Supervisor Richter and unanimously carried, the final map of Carriage Manor, planned unit development, was approved, public utility and drainage easements and portion of Monte Vista Avenue _ Page 367. O ctober I7, 1978 _________ October 171978 _ ___„_ as shown on subdivision map offered for dedication and granted in fee was accepfed and Chairman was authorized to sign the subdivision agreement. -1992 DENY REQUEST OF CECIL JOHNSON FOR EXEMPTION FROM ZONING REQUIREMENTS Public Works recommends exemption not be granted for further divisions, only for parcels in question now existing. Exemption for those parcels created were exempt but not those to be created in the future. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, request of Cecil Johnson for exemption from zoning requirements was denied for those divisions contemplated in the future. 993 PUBLIC WORKS AUTHORIZED TO ACQUIRE ADDITIONAL PARCEL FOR PARADISE PLAZA FOR COMPLETIONOFOFF-SITE IMPROVEMENTS Clay Castleberry, Director of Pu lic Works, reported that the developers of the Paradise Plaza have acquired an additional lot that they will psbs~ to put in additional improvements. To make a safer connection to Clark Read, it will be necessary for the County to acquire the necessary right-of-way from a property ownero These developers will put in the improvements to help traffic on Clark Road. It was moved by Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, that Public Works be authorized to acquire an additional parcel for the necessary right of way improvements to Clark Road, for the purpose of completing the off-site improvements for the Paradise Plaza shopping center. 1994 REPORT TO BOARD REGARDING ELIZABETH V. EISENHOUR :INFORMATION Report to the Board regarding Elizabeth V. Eisenhour, denied negative declaration and rezone from "A-5" (agricultural -five acre parcels) to "S-R" (suburban residential) property located on the south side of Bell Road, approximately 50 feet west of Alamo Avenue, identified as AP 43-02-13, more particularly described as: All of Lot 8 'Bidwell Third Subdivision "per map of record in Map Book 5 on Page 8 of the Butte County 'Recorder, excepting therefrom the southeasterly 660 feet, Filed for information. 1995 CONTINUED HEARING: JOHN L. BANTUM-APPEAL OF SUBDIVISION VIOLATION COMMITTEE CONDITION ~I:'APPEAL UPHELD The continued hearing Ion the John L. Bantum appeal of Subdivision Violation Committee Condition #I on a certificate of compliance, AP 50-25-48, one lot, west side of Mountain View Drive, 700 feet south of Stark Lane, Paradise, was held at this time. Public Works Director gave a quick rundown on the background of this appeal o He stated he had gone to site and viewed the accesse This is a well developed dirt and gravel drive way; there is no recorded access, A certificate of compliance has been applied for and the condition was that he supply access out to the County road, Mr. Bantum has requested that the Board waive the requirement. Mr, Castleberyy stated this road has been used for many years but it is not a recorded access, The road is in good shape and it is well used. Hearing opened to the public, Appearing: 1. Mr. John L, Bantum. Mr. Bantum stated that it is impossible to acquire a 60'g out to the County road. The people using this road do not want any changes Page 368, October 17, 1978 ___ Octoberl7i1978 ^^^^__^______...^__ made to the road. Mr. Castleberry suggested that the Board waive this requirement of Condition #I with the understanding that there be no further development of other parcels along this access. On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, appeal of John L. Bantum of Condition #I was upheld and that the County gives notice that on future developed properties, proper access will be required ;the waiving of this condition only applies to the existing parcels. 78-1996 PUBLIC HEARING: STREET LIGHTING DISTRICTS PER LOT SERVICE CHARGE The pu lic hearing on street lighting districts per lot service charge for County Service Areas I, II, 12, 13, 14, 15, 16, 17, 18, 27, 30, 33, 36, 39, 40, 47, 49 and 56 was held as'advertisedo j Bifl Turpin, Administrative Analysts, read the material regarding distribution of state surplus to special districts. This is to consider switching from the charge on the property tax rateto a flat service charge that will be included on the tax bills. Property owners were notified of this hearing on an individual basis. This change was necessary due to the shortage of funds due to Proposition 13. Supervisor Richter commented that what was just stated was that there is only about one-half of the revenue available to operate these districts. He asked if the hours of operating the lights could be made shorter. It was stated that it would not be feasible to shorten the hours. The only other alternative would be to only run the lights part of the year until the district ran out of funds, It was stated that the service charge as proposed would not fund the districts totally. Suggested that 'bailrout"monies could be allocated to these special districts. Hearing opened #o the public. -Appearing: I, Orrin Stratton, Chico. He stated that the people who helped form the districts knew that they would have #o pay for the lights. A special election could be called to get the feelings of the people. "Bailrout"funds could be used this year and then an election could be held to determine if the people want the lightso 2. Katherine Whitney, Bidwell Drive, Chico. She stated that the lights on her street were placed there for safety purposes. She did not know when they started paying for the lights. They'had nothing to do with the installation of the lights and the people object to this method of doing things. She does object to the- method of the taxpayers being taxed without being consulted. Dan Blackstock, County Counsel, explained the manner of forming the districts. Mr. Lawrence stated that at the time the districts were proposed, the people were notified . l 3, Ms. Laura O'Dell. She owns two houses in Olive Glenn in Oroville. She suggested that this matter be fumed back to the people for a vote. 4. Mrs. Roy Lindberg; she owns commercial property in Paradiseo She felt that Page 369. October 17, 1978 ______________ October 17`1978___________ the County was circumventing Prop. 13. She opposes this method of levying taxes on the people. 5. Mr. James Moupin, Oroville. He stated he understood the County could not tax them under the law for these lights. He is rfrom the southside of Oroville. He felt the lights were needed in the area but opposed a service charge for the lights. 6. Mr. James Wm. Allen, Virginia Avenue, Oroville. Stated they did not need the lights in his area. He opposes the service charge for the lights. 7. Mrso Jo Laroas, Chico. Spoke in favor of the lights;#elt that they were needed. 8. Mr. Kunin. He did not see whgv the lights were neededo Felt the burglare~should be caught and placed behind bars. The lights make it easier for the burglaries to be committed. Opposed the service charge. 9. Mr, Reynolds, Oroville. He lives in County Service Area 1Vo. 18. This issue was on the ballot some time ago and was voted down. Mr. Mickelson stated that there were several street lighting district on the ballot and they were all voted down. 10, Mr. Ceasar Martinez, Oroville. Stated he wanted the street lights but felt that they should not be taxed to pay forthe lights. 11. Mr. Ely Thomas, Barnes Way, Oroville. He could not understand why he was in a lighting district. The people should be allowed to vote on whether the lights should remain and if hey should be taxed for them. 12. Mr. Louis 1=orbes, Greenville Street, Oroville. Set out the background of the area where he lives. He felt the property owners should have been asked if they wanted the street lights, He stated that there were four lights on Greenville; one of them runs all the time and the other three are not on at times. 13, Mr, Sherman Gresham, Oroville. He asked if Prop. 13 had not passed, would this hearing sfiill be .held today. 14. Ms. Adelaide Williams, Greenville, Oroville. She felt more lighting is needed on Greenville, She does not mind paying for the service. 15. Mr, Ray Larrison, Elgin Street, Orovi.lle. He felt that everyone should pay for the .necessary lights. 16. Mr. Roy If~carner, owns three parcels in Paradise. Spoke in favor of the lights. 17. Mrs. Ora Warren, OroBangor Highway. She owns three parcels of land in the lighting district,. She opposes more taxes. 18. Jerry Davis, Brentwood Way. He asked how the service charge was going to work. He wanted to know how much it could cost to collect the charges for the lights. He felt that an election should be held to allow the people to decide if they want the lights. Page 370. ', October 17, 1978 ___________ October17L1978 _____ 19. Dale Bradley, Chico. Stated he is now paying for the fights, He wanted to know how much the service charge would be for his parcel. The determination of the service charge would be made by the Auditor as to the cost per parcel. 20. Mrs. Clayus,'Paradise. She stated that her daughter had a light installed on her property in 1975 and pays monthly for the light through a contract with P.G. & E. She was told that this lighti is not inbluded in the distract. 21. Mr. George Craig, Virginia Avenue, Oroville. He stated .he has received a 50°!o increase in his assessment of his property; he does not feel that he needs the added service charge. He stilted the lights could be turned off as far as he was concerned. 22. Mra Dohein, 1929 Summer Street. Stated he was against the service charge as he receives no benefits from any lights. 23o Mrs. Hazel Winters, Chico. Stated they receive no benefits from the street lights. Suggested that the County forget about the lights at this time. 24o Mrs. Louise Turner, Arbutus, Chico. Spoke in favor of the lights. She did not want the lights to be turned off. 25. Mr. Moupin. Suggested that the county ins#all meters and charge the. jpo~eople benefitting from the 1 fights. 26. Jay Steele, representing the Communication Union. He asked how P.Go & E. came up with charges for the lights. This is a flat rate through out the Counfiy;. 27. Mr. Eugene Christopher, V-C Read, Orovilleo There is a light about 75' from his house. He stated that the assessment~of his property has gone up about 50%. He was told that the assessment of his property has nothing to do with the service charge for the lights. 2$. Mrs. Desi Terry, Virginia Avenue, Oroville. Stated she receives no benefits from the lights. She stated she did not mind paying the charges for the lights. ~"sir~r~ifim~poke again at this time. Suggested again that this be put to a vote of the people. He stated that costs have gone down for the operation of these lights. Chairman Winston agreed that Phis should be put to a vote of the people. Far this year, the County could take advantage of "Bait-out"funds. Hearing closed to the public and confined to the Board. It was stated that this hearing was for the purpose of receiving in-put from the people. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, this Board went on record as opposing the levi~i~ng~fa~se~v:ioe charge for the lights, and that any tax or charge would be the result of a mandate from the people through an election, and-that the matter be placed on a ballot at the first opportur3ity for the people to decide whether they want to pay the difference between the ad valorem tax and the cost of running the districts. Page 371. October 17, 1978 _T^______________Octoberl7~ 1978 _ 78-1997 PUBLIC HEARING: LARRY MAY-PETITION FOR VARIANCE TO SECTIONS 19-10 and/or 19-12 OF BUTTE COUNTY CODE FOR PLACEMENT OF MOBILE HOME ON AP 28-I I -02, LA PO RTE STAR Ito U TE Public hearing on the Larry May petition for variance to Sections 19-10 and/ar 19-12 of the Butte County Code foe placement of a mobile home on AP 28-II-02, LaPorte Star Route was held as advertised, Lynn Van Hart, sanitarian, set out the background of this petition and stated that there was no objection to this placement of a mobile home. It appears to be in order. 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 Lemke and unanimously carried,. petition for va°riance to Sections 19-10 and/or 19-12 of the Butte County Code for ~Iaceinent of a~~ile home on AP 28-II-02, LaPorte Star Route was approved for Larry May for a period of one year. 78-1998 PUBLIC HEARING: EXTENSION OF "INTERIM M-I " (LIGHT CCE<RIAL) PROPERTY LOCATED WEST OF COWASSET ROAD, SOUTH OF SYCAMORE CREEK, NORTH OF FRONTIERCIRCLE AND EAST OF DRAINAGE EASEMENT, CHICO: ADOPT ORDINANCE 1969 The pu lic hearing on the extension of "Interim M-1" (light is~ial) for property located west of Cohasset Road, south of Sycamore Creek, north of Frontier Circle and east of the drainage easement, Ghico, was held as advertised, Background of the extension set out by representative from Planning, Kyle Butterwick, stating that this Land is within the Chico Airport area. The studycdf the area has not been published as yet; residential development is restricted. The staff recommends that this zoning be extended for another year. Hearing opened to the pubf ic. Appearing: 1. Mrs. Vera Hockett. Her property is at the back of the property being zoned. She asked what this would do to her taxeso She was told that it would do nothing to her taxes. There is a road that goes back of her property; there are some commercial buildings at that site. Public Works and Planning will take a look at the road to see whether ifi :sh'd~c~~c'm~31"b~d. Hearing closed to the public and confined #o the Board. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, extension of "Interim M'I " (Eight industrial) for property located west of Cohasset Road, south of Sycamore Creek, north of Frontier Circle and east of the drainage easement, Chico, was approved for a period of one year; Ordinance 1969 adopted Wand the Chairman authorized to sign. 78-1999 PUBLIC HEARING; 1978-79 HOUSING ASSISTANCE PLAN TO BE SUBMITTED TO HOUSING & URBAN DEVELOPMENT (HUD) CONTINUED TO TUES. OCT. 24 The public hearing on the 1978 9 Housing Assistance Plan to be submitted to Housing and Urban Development (HUD) was opened to the public. Appearing: no o nea Hearing continued to Tuesday, October 24, 1978 at 10:15 so Mr. Connerly -can be present. Page 372. October 17, 1978 _ October 7~ 1978_ _ _ _ _ 78-2000 PUBLIC HE/~RING: EXTENSION OF "INTERIM C-2" (GENERAL COMMERCIAL) THAT~PORTION OF PROPERTY NOT WITHIN THE CITY LIMITS OF CHICO LOCATED ON BOTH SIDES OF MANGROVE AVENUE, BETWEEN EAST Ist AVE. ~ EAST 5th AVE., GHIGO: ADOPT ORDINANCE 1970 The pu lic earing on the extension,of "Interim C-2" (general commercial) that portion of property not within the city limits of Chico located on bath sides of Mangrove Avenue, between East Ist Avenue and East 5th Avenue, Chico, was held as advertised. Mr. Butterwick set out the background of this extension. The staff recommend~n extension of one year for the property involved in this zoning. Hearing opened to the public. Appearing: no one. Hearing closed to the public and confined to the Board. On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, extension of "lnterim C-2"(general commercial) that j a portion of property not within the city limits of Chico located on both sides of Mangrove Avenue, between East Ist Avenue and East 5th Avenue, Chico was approved for a period of one year; Ordinance 1970 adopted and the Chairman authorized to sign. 78-200iSPECIAL HEARING TO DISCUSS DISTRLBUTION OF STATE SURPLUS TO SPECIAL DISTRICTS -APPROVE DISTRIIi~1TION AS SUGGESTED e specia earing to discuss distri ution of State surplusto special districts held at this time. The most recent memo from the Auditor's Office dated October 13, 1978 regarding allocation of State "Bai I-Out "Funds discussed. Copies of the memo were given to Fire Chief Tolle, Paradise, and to Dr. Hazeltine, Butte County Mosquito Abatement District. RECESS: 12:10 RECONVENED: 12:20 Continuation of above hearing. Hearing opened to the public. Appearing: I. Mr. John Tolle, Paradise Fire Department. He commented on the statement made ~y the Auditor concerning the emergency runs which states that these runs use' up a great deal of the- districts funds. It was suggested that the district could charge the people for these medical emergency runs; he did not know if this could be done. He feltto delete this activity would be wrong. The men in this department keep busy all the time. 2, Jake Walgenbach, manager of the Golden Feather Fair. He spoke concerning the swimming pool operation. Current budget set out. He stated he was present today. to answer questions abouf the operation of the pool . If operation of the pool was dit~ontinued, then the pool would have to be drained. Damage could occur when water is drained from the pool. Options that could be carried out explained. He felt that funds should be allocation to the County Service Area Noo 34 for this year. Next year other provisions could be made. There are several possibilities of charging the Gridley High School for the use of the pool; Gridley Swim -team could also be charged for the use of the pool, Charges for use of the pool could be increased. Page 373. October 17, 1978 _____________,9st41zP~17~197=g=====______________ Mr. Lawrence stated that with the allocation of $13,970 of "Bai!-out"funds, this district could get 6y this year, Supervisor Richter stated that he wanted to know that an effort would be made to increase the revenue for the district. Hearing closed to the public and confined to the Board. Supervisor Richter felt that the County should provide money for street lighting. It would not 6e appropriate to levy taxes without the vote of the people. He felt the County should also provide money for the swimming pool, with the stipulation that they levy a charge on those using the pool, It was moved by Supervisor Masf3~~ seconded by Supervisor Madigan and unanimously carried that the allocation of the State "Bail-Out"funds in-the amount of $56,864.00 received pursuant to Section 35,5 of Chapter 332 be distra{?xuted as follows: Butte County Mosquito Abatement District $25,224 Durham Mosquito Abatement District 5,586 Oroville Mosquito Abatement District 7,463 Lighting Districts!: CSA I - Lindo Manor 767 CSA 11 - ~3e~iagi P.~~i & Z-2 8i;7i CSA 12 - Stirling City 311 CSA 13 -Paradise Z-I 3,607 CSA 14 - E. Chico 1,424 CSA 15 - E. Chico I ,7142 CSA Ib - Wo Chico 273 CSA 17 - S. Oroville 4,392 CSA 18 -Oro-Quincy 423 CSA 27 - Richvale 871 CSA 30 - Vallombrosa 766 CSA 33 -Oro-Wyandotte 832 CSA 36 -Glen Haven 3b8 CSA 39 -Chico Rancheria 282 CSA 40 -Ramada Street 563 CSA 49 - Paradise 345 CSA 56 -Glenn-Olive 808 56,64 On motion of Supervisor Madigan, seconded by Supervisor Moseley and carried, the Board approved the following allocation of funds as out~pf in the Auditor's memo of October 13, 1978: I. Over-allocation ,adjustments (factored for potential tax roll adjustment) Paradise Fire Protection District $28,264 less f5% ~ $24,024 CSA 53 (Upper Ridge Fire) 761 less 15% = 647 CSA 37 (Gridley-Biggs Ambulance)1,521 less f5% = 1,293 Total to be Reallocated !~ Plus Undistributed Balance 1,689 Grand Total to be Allocated 27,653 Page 374. ', October 17, 1978 _______________October 171978_______________ 2. Distribution of Resultont Balance: .CSA 31 -Biggs Swim Pool 1,860 CSA 34 -Gridley Swim Poo! 13,970 CSA 21 - Oakridge Sewer 1,093 Bangor Cemetery District 500 Pine Creek Cemetery District 500 Thompson Flat Cemetery District 500 Wyandotte Cer,~efery District 500 18,923 Hold in reserve for Lake Madrone Water District if override tax not approved by courts. (*) 8,730 Total $27,553 * if not needed by Lake Madrone Wafer District, these monies could be allocated to drainage districts or service areas with emergency needs. 78-2002 PUBLIC HEARING.: VERN MC MATH- PROPOSED NEGATIVE DECLARATION (NO EI EIR REQUIRED) AND REZONE FROM "TM-20" (TIMBER MOUNTAINOUS) TO "TM-10" PROPERTY LOCATED APPROXIMATELY I/4 - z MILE NORTH OF INTERSECTION OF DO MILL ROAD AND 9iE1~TT ROAD ON WEST SIDE OF DOE MILL, IDENTIFIED AS AP 63-04-61 and 62, CONTAINING 74.34 ACRES, MORE OR LESS, FOREST RANCH: ADOPT ORDINANCE 1971 The public hearing on the Vem Mc Math proposed negative declaration (no E1R required) and rezone from "TM-20 ", property located approximately a - ~ mile north of the intersection of Doe Mil! Road and Schott Road on the west side of Doe Mill, identified as AP b3-04-b1 and 62, containing 74.34 acres, more or less, Forest Ranch, was held'as advertised. Earl Nelson, Environmental Director, set out the background of the EIR. A negative declaration is recommended. The Planning staff stated that this request is consistent with the General Plan. Hearing opened to the public. Appearing: I. Cadl Bachman, Chico. He felt that the request is consistent with the General Plan for that area. Hearing closedao the public and confined to the Board. On motion of Supervisor Moseley, seconded by Supervisor Lemke and unanimously carried, the Board found that the proposed projecf could not have a significant effect on the environment, and a negative declaration is recommended. On motion of Supervisor lVdixai~~ri, seconded by Supervisor Madigan, and unanimously carried, kezone from '7M-20" (timber mountainous) to "TM-10" property located approximately I/4 to I/2 mile north of the intersection of Doe Mill Road and Schott Road on the west side of Doe Mill, identified as AP b3-04-b1 and 62, containing 74.34 acres, more or less, Forest Ranch, was approved, noting that this project has been recommended by the Environmental Review Department for a negative declaration ',and fi~g34~at. this proposal would allow better Page 375. October 17, 1978 ......October 171978__________ utilization of the property; Ordinance 1971 was adopted and the Chairman authorized to sign. 78-2003 PUBLIC HEARING: CENTER AGGREGATES, INC. -RECERTIFICATION OF EIR: FOR USE PERMIT TO ALLOW A PORTABLE AGGREGATE PLANT ON PROPERTY ZONED "A-2" (GENERAL) LOCATED ON NORTH SIDE OF VANCE AVENUE, EAST OF SACRAMENTO-NORTHERN RAILROAD RIGHT-of-WAY, IDENTIFIED AS AP 25-042-12, NORTHEAST OF GRIDLEY: APPROVE RE-CERTIFICATION OF EIR Hearing on the Centex Aggregates, Inc. recertification of EIR for use permit to allow a portable aggregate plant on property zoned "A-2" (general) located on the north side of Vance Avenue,. east of the Sacramento-Northern Railroad rightrof-way, identified as AP 25-042-12, northeast of Gridley was held at this time. Dan Blackstock, County Counsel, stated that the Board would receive no in-put at this time. Purpose at this time of the hearing is for a recertification of the EIR. Earl Nelsan, Environmental Review Director, asked if the Board had reviewed the material and report and responses thereto. Hearing is not opened to the public, at request of County Counsel. It was moved by Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, that the Board having reviewed the Final Environmental Impact Report consisting of the Draft E.I.R., written comments received therean, the verbatimtranscript of the October 25, 1477, hearing on the Draft E.I.R. and on the project itself, a list of persons who commented on the Draft E.loR. and the Environmental Review Director's responses to the comments received. It is therefore moved that the Board finds that the comments for which It~ie~ Environmental Review Director has prepared responses are the only comments raising significant environmental points, and those comments for which no responses cwvere prepared by the Environmental Review Director do not raise significant environmental points and therefore do not require any response. It is further moved that the Environmental Review Director's responses to comments raising significant environ~niental points be adopted as this Board's responses to those comments. Finally, it is moved that the Board certify the Final EIRas having been completed in compliance with the requirements of the California Environmental Quality Act, the State EIR Guidelines and the Butte County Environmental Review Guidelines. RECESS: 12:50 RECONVENED: 2:00 78-2004 APPEARANCE: CLAUDE WILLIS, FOREST RANCH Claude Willis, Forest Ranch, spoke regarding the proposed coal fire plant in this County. Blowing dust problem set out, He asked what criteria Mr. Blake used to arrive at the point made in his statementso Coal would be transported in covered cars. Mr. Willis could not see where the coal dust could be any hazard to this area. He stated he would like to see Mr. Blake substantiate his statements with facts, Mr, Willis believes that every bit of industry that the County could get would add to the economy of the County. Mrs. Jolene Blake, Oakvale Avenue, Oroville, said Mr. Willis could look at the pictures that he and Mro Blake had taken of the coal fire plant sites. She said they did have the facts to substantiate their statements. Page 376. October 17, 1978 _`______________ October17~1978 ______ Mrs. Blake read portions of the Board's statements to P,G. & E. Chairman Winston asked Mr. Mickelson about the non-attainment status of this matter. Mre Mickelson stated' that there is a draft that has been sent to Sacramento and it will be released at the next BGAG meeting. Xerox copies have been made for each member of BCAG. The public could purchase copies of this report. Mrs.Blake asked about statement concerning 4 units to the codi~fire plant. Chairman Winston said he only knows about Units I and 2; he knows of no plans for 4 unitso Supervisor Madigan stated he had called Mr. Muscovey from Alturas and set up an appointenent for yesterday morning and he told him about Mr. Blakes' comments. He said that the statements that Mr. Blake made last week were totally false. Mrs, Blake said she saw where there was spontaneous combustion of the coal dust. Chairman Winston stated that a letter had been written to the company and an answer will be received concerning these questions. >005 APPEARANCE: MRS. LEAH FORTNEY, BIGGS COMMUNITY CLUB Mrs. Lea Fortney, Biggs, stated t ere were quite a few peop a present concerning the Biggs Community Hall. Those appearing regarding this matter were asked to stand and there was a good showing of the local people. Theq~: were present today to protest the Board's treatment of the community. They feel that the County is putting millions of dollars into. the other communitieso The Board had stated that they might close the Biggs Community Club; this is the. only meeting place in Biggs. The land was deeded to the County by an old Biggs resident. The building is essential to the Community. Facts were set out to justify the request to have the Hall left open. Chairman Winston stated that many commen#s had been made about where funds could be saved. The Administrative Officer was instructed to contact the City of Biggs to see if they were willing to take over the operation of the Community Hall. The Board will receive a report from the Administrative Officer as to the result of the meeting with Biggs representatives and the Board will give consideration to the comments. The Board will take into consideration the comments made 6y the people-today and will inform the j~ple of the action proposed to be taken by this Board. -006 APPEARANCE: MR. GILLIAM, BLOOMER MT. Mr. Gilliam stated''he fives on He rof-a-Read. He stated that he understands that the Board, the District Attorney, and Public Works are :tlmair~ call they can to help the road. This road was suppose to be fixed by last January. Clay Castleberry, Director of Public Works, met with Mr. Mann last week. At that time, the District Attorney's interpretation of the Judgment was that if Mr. Mann divided the parcels on this road, he would have to fix the road. Mr. Castleberry advised Mr. Mann that they are trying to work something out. Chairman Winston suggested that Mr. Castleberry, Mr. Abbott from the District Attorneys Office, Mr. Mann and Mr. Gilliam should Ic~eet and work something out. He urged that the meeting be held as soon as possible. Mr. Castleberry stated he would call Mr. Abbott and meet with Mr Gilliarr~as so~ as possible. age October 17, t97$ _______________October 171478___________________ ------------------------------------------- Mrs. Gilliam stated that when they purchased the house, they were told that the road would be fixed by-this last January. Their children missed a lot of school last winter because they could not get over the road to catch the bus. They have complied with all the things required by the County. 78-2007 APPEARANCE: MAX KOENIG, BIGGS NEWS Max Koenig, owner of the Biggs News, 'spo a concerning the Biggs Memorial Hall. He stated that there would be a negative report from the City of Biggs to the proposal of the County Administrative Officer. There would be a -total operating cost of $14,500 for the Hall. He checked with the Chairman of the Hall and he was told that nothing has been done to the Hall for the past three or four years. They have not installed the air conditioning that had been budge#edo Mr. Koenig stated he had looked at the 1977-78 budget and only $2,500 was budgeted for the main#enance of all the Memorial Halls. Groundskeeping costs set out. He asked where the maintenance costs have been spent. Chairman Winston'stated that a notice will be given to the Biggs Community when this matter is to be considered by the Board. No action taken at this time. 78-2008 APPEARANCE: MRS.'CAROLINE HUBBARD, PARADISE Mrs. Hu and commented on the fire in Chico Saturday; she stated that it must have been west of the Silver Dollar Fair. Black smoke went up and then bent over and headed northeast. She spoke concerning the coal fire plant, stating that the County has too much in the way of pollution right now. She could not see how the County could even consider the placing of this plant in this area. She spoke in opposition to the plant. 78-2009 APPEARANCE: MR. DON DUFUS, FROC PARKING LOT Mr. Don Dufus, IfiROG, stated he was present to clarify the facts. He stated that they have 118 people working at this site. The property belongs to Butte County. He stated that the blacktopping was not done properly. He said that they have not disposed of the hard rubber fork lift as they do not feel that it has caused the dx~rag~ in the blacktopping. FROC has been requested'to seal coat the yard. Mr. Dufus stated he was not asking for anything at this time. Mr. Lively drew a picture of the building and where the asphalt had slipped. Any-truck that goes on the black top sinks. through. Area that has failed set out by Mr. Lively. He stated that the problem is moisture in the sub-soi I . Larry Hudson, Assistant Director at FROC, explained where he thought the problems had occurred and where the problems exist at this time. Every time a truck turns the back comer, they roll up the black -top. Chairman Winston. said the Board knows that t~erte lisac~blem at this site. The County has been a major contributor to this operation; this County has been generous to this operation. The County will do all they can to help solve the problem. ', Page 378. O ctober 17, 1978 ________-~_----__~_ October17L1978 ___________________ Time spent discussing how the problem should be handled, Mr. Dufus said he does nvt think tha# the hard tired fork lift does the damage. The three sides of the building need work done on the parking areas, Supervisor Richter stated he was going out to look at the building and parking lot. He cannot support spending any more money out there. Mr. Dufus said he would like to work with the County and get this matter handled properly. No action taken at this time. Mr. Nickelson explained the background of this building and what happened. The architect was Dan Cook. The building was put together by Mr. Cook, Mr. Castleberry and Supervisor Ladd. When the building was built,. it was planned on just having gravel in the parking area. Mr. Castleberry found the money #o pave the yard a Board members will go out and view the site; no action taken at this time. 78-2010 COMMUNICATIf@?NS Moe Balken, Paradise. Mr. Balken submits his resignation as a member of the Paradise Municipal Advisory Council. Administrative Office to post this vacancy and place back on the agenda ria two weeks. Chico Friends of the Library. The Organization writes conceming library funding and construction of the proposed Chica Library. Information. Florence Wyman, Oroville. Mrs. Wyman writes in opposition to the per lat service -fee for street lighting in her area. Handled earlier in the meeting. J. R. and ia,th L. Bjorg, Magalia. Mr. and Mrs. Bjorlg forward information to be considered at the October 24 hearing conceming the Brian Heinz use permit. To be handled at the hearing next week scheduled for 10;30 a.m. Patrick and Katherine Lynch, Chico. Mr. and Mrs, Lynch write requesting assistance with a rent increase they are facing at the Rancho Esplanade Mobile Home Park. Discussed. Brenda Gaybrick, resident of this park, spoke conceming the increase in the rent stating that a lot of the people cannot afford an increase in the rent. Supervisor Richter stated that the only thing that could be done would be the consideration of a rent control ordinance and that could drive private investors out of this market. The County could see that there is sufficient land that could be available to provide for mobile home parks. This park had just been purchased and part of the justification for the rent increase was to help pay for the purchase price. Matter discussed; no action taken. Shasta County Community Action Agency, The Agency writes forwarding information concerning funding that they have received for low income minority persons with developmental disabili#ies and request that the Board indicate their support for the project in Butte County. Information. Held overp#~~cf~yber 24th meeting for Board consideration. Page 379. October 17, 1978 ________October 17,_1978_ County of Marin. The county forwards a copy of an ordinance they have adopted pertaining to container deposits and requests that other counties take a similar action. See motion following comm}~nications. Northern California Emergency Medical Care Council. The Council forwards information and request for $12,000 as Butte County's match toward $170,000 in state .funding. Chairman Winston stated that the status of this was in doubt. The person at the meeting in Redding was a representative of the Butte Glenn Medical Society. Chairman Winston asked if the local representative would come before the Board to discuss this matter and he expressed a desere to appear to discuss the matter with this Board. Chairman Winston suggested that this be -set up for October 31st and that the representative from the local hospital groups be invited to attend the meeting. Representatives of all the Emergency Centers should be invited to attend. Mr. Mickelson will follow through on this meeting and will write to the hospitals and emergency centers and invite them to attend the meeting. State Department of Water Resources; The Reclamation Board forwards information with regard to units 10, II and 12 of the Chico Landing to Red Bluff Project and to the site on the Peterson property. Letter self explanatory. Copy fo be sent to Mr. Johnson by Administrative Officer. Kelly-Moore Paint Company, Inc. The Company requests the interim C-2 zoning to be continued. Action taken earlier in the meeting. Transamerica Development Company. The Company writes regarding proposed per parcel funding charges for all street lighting county service areas and advises that AP 044-22-0-002-2 is a mineral rights interest only and object to a charge on that parcel. Matter handled earlier in the meeting. 78-2011 MATff13RS PRESENTED BY BOARD MEMBERS FOR INFORMATION Chairman Winston stated that the Board has received a summary of a report made by Water Resources and he hopes that the Board members will review it. Supervisor Madigan stated that the Nine Northern Counties have taken the position on the changes to the water laws in all 4 or 5 fields. Norm Waggoner will get out the position to the Board members. Chairman Winston commented on the memo~rom Mr, Lawrence about Lime Saddle dated October IOth. It was felt that someone should represent the .Board at the Computer Technology Seminar which-will be held at the Homestead in San Jose. The memo from the Administrative Officer-to Sheriff about vacancy positioris in the jail acknowledged. Mr. Rackerby has stated that they will make every attempt to get CETAhh~ip for the jail. Chairman Winston requested that the subdivision on the Stiles Ranch be placed on the agenda ,for October $1st. An attorney general's opinion has been requested on the raw land theory. Chairman Winston has been requested to have this placed on the agenda. Page 380. October 17, 1478 _October 17~, 1978 _ _ Chairman Winston commented on the letter from Mr. Duncan from the Advisory Committee in Paradise. Mr. Anderson had been objecting to i~.he hearing about his property. Copies of the letter will be made and given to the Board members. Chairman Winston commented on the Forestry Service s!of the.~~a~~ Porte Quincy coreidor. The Board should make some comments on this study. This will be discussed with Public Works Director. The County should take a position regarding making additional land in the high country as wilderness areas. Matter to be discussed with Mr. Britton. Supervisor Madigan stated that at the meeting in Alturas with CCCJ a discussion was held about doing away with one of the areas. A letter will be written by Bill Vinton requesting a response from the County. It should be considered whether the Nine Northern Counties be placed in a region by themselves. They would qualify for funding. Discussed; no action taken at this time. 78-2012 .~T~BsirE';AC;T:I:O'N ON REQUEST OF COUNTY OF MARIN On motion of Supervisor Lemke, seconded y Supervisor Madigan and unanimously carried, action on the request of County of Morin pertaining to confiainer deposits ~rtdirlance was tabled at this time. ABSTAINING: Supervisor Richter 78-2013 ADOPT ORDINANCE 1972, AMENDMENT TO COUNTY SUBDIVISION ORDINANCE AMENDING CHAPTER 20 OF THE BUTTE COUNTY CODE REQUIRING A DEVELOPER TO PROVIDE FOR CABLE TELEVISION L[NES TO BE PLACED UNDERGROUND On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, second reading of the amendment to the county subdivision ordinance amending Chapter 20 of the Butte CountyGde requiring that whenever a developer is required bo underground utility lines, provisions will be made for cable television lines w-ns waived, Ordinance 1972 adopted and the Chairman was authorized to sign. 78-20 J4 CHAIRMAN WINSTON TO BE ABSENT ONE WEEK Chairman Winston announced that he would be absent one week but would remain within the St4te. He will miss one meeting. ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 4:00 p.m. to reconvene on Tuesday, October 24, 1978 at 9:00 a.m. ATTEST: CLARK A. NELC3011~f:, COUNT CLERK j By; C airman of t e Board ~~~ Asst. Clerk of the Board Page 381. October 17, 1978