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HomeMy WebLinkAboutM110679November 6, 1979 OF CALIFORNIA ) SS. OF BUTTE ) 79- ~~ 1777 The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. 'resent: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke. Clif Mickelson, administrative officer; Dan Blackstock, county counsel; and Clark Ao Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board. Pledge of Allegiance to the Flag of the United States of America Invocation by Supervisor Moseley APPROVAL OF MINUTES On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, the minutes of October 23 and October 30, 1979 were approved with the following corrections: October 23. 1979 minutes Minute order 79-1681, page 261, paragraph 59 to read: His position was that the Board action in effect was to try to limit the District Attorney € rom carrying on the Land Fraud Unit. Minute order 79-1685, page 264, paragraph 1, to read: receive special needs allocation consideration unless it had already cost taxpayers money. Minute order 79-1686, page 266, paragraph 3, to read: Supervisor Dolan stated in discussion regarding the map that the issue seems to be question whether easement across the Loomis property exists. Minute order 79-1686, page 268, paragraph 2 to read: Supervisor Dolan stated yes she could not support a condition without a verification. Minute order 79-1691, page 272, paragraph 5, to read: There is still agriculture uses and it makes it difficult to farm when urban uses are approved next to agriculture. There is reference in the report on this zoning to the Land Use Element policy statement that there should be roection of agriculture area. Minute order 79-1716, page 289, paragraph 7 to read: There was discussion regarding a house that straddles a private and a public piece of land and development of a bike path. There being two wedges o£ land that could be exchanged to have the house sit entirely on private land, provide ublic access the whole way along the creek and have a bike path built. October 30, 1979 minutes Minute order 79-1732, page 293, paragraph 4; add~ahe following: response to question from Supervisor Dolan it was stated the well was for e protection uses only and ,maintenance costs were to be borne by the ociation and not the county. Minute order 79-1750, page 298, paragraph 2 change the word ing to fields. Page 3160 November 6, 1979 ~__. 79-1778 November 6, 1979 ADOPT RESOLUTION 79-22b REQUESTING LEGISLATIVE REVIEW OF PROPOSED DEPARTMENT Joe Bandy, agricultural commissioner, set out the background of AB3765(Fazio) at this time. What this goes back to is that in 1975 the Attorney General issued an opinion that before the issuance of a restricted materials permit there was the requirement for an ETR. AB 3765 would give relief from this requirement in that the Director of the Department of Food and Agriculture would be required to submit to the Secretary of the State Resources Agency the Department's Pesticide Regulatory Program for certification as being functionally equivalent to CEQA. Last week such a program was presented to Secretary Johnsono There were several questions that arose as a result of discussions concerning the proposed regulations. Where is the money coming from? It is a rather extensive program. Most of the regulations address the documentation of the user of the application. The anticipated cost to Butte County for maintaining the program is $250,000 to $300,000 per year. The cost is $130,000 per year at the present time. He wondered about the liability to the county if the permit was denied. Who would be responsible for reimbursement to the individual, the county or the state? Mr. Bandy stated that at the present time, his office issues from 15 to 18 restricted materials permits a year. If the new system is implemented, he anticiapted there would be twice that numbex. There would be a great deal of paperwork with about the same level of field work. This would require six people. The Agricultural Department inspects in eight areaso They must be certified in the eight fields. The pesticide use enforcement and the pesticide management would be additional fields. This regulation could result in an economic hardship for the grower who uses the pesticides. Mr. Bandy set out the techniques that must be used for the Oriental Fruit Moth. He felt the liability impact on Butte County has to be resolved. After the first of the year, the Agricultural Commissioner will be required to enforce the regulations. The Division of Industrial:' Safety, the Department of Health and the ARB have been involved in the development of the regulations. The Agricultural Commissioners had little if any input. The regulations have been submitted to the Secretary of State, so regardless of whether Secretary Johnson certifies them they will be regulations. Supervisor Dolan stated that from newspaper articles regarding the regulations, there was to be a public hearing held for public input and possible change. She understood the hearings would be held the first of December. She understood that Mr. Bandy was asking that these regulations not be done administratively but by the Legislature. Mr. Bandy stated that was his position. The impact has not been assessed. They are confronted with regulations that will demand enforcement action. The regulations will limit the amount of field time available. It was moved by Supervisor Winston, seconded by Supervisor Wheeler that Resolution 79-226 as presented by the Agricultural Commissioner be adopted and the Chairman be authorized to sign. Supervisor Dolan asked that the matter be continued for one week so that she might have an opportuniCy to look at the regulations. Vote on motion: AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke ABSTAINING: Supervisor Dolan Motion carried. page 317. November 6, 1979. November 6, 1979 79-1779 ~' WAIVE FIRST READING OF SALARY ORDINANCE It was moved by Supervisor Winston, seconded by Supervisor Wheeler that the first reading of the salary ordinance to implement the second phase of the employee raise and the various personnel actions approved in the budget be waived. Jim Rackerby, personnel director, stated that in the memo on page 13 and 14 the asterick stands for executive official designation. This only includes the designation and not the benefits. They will be discussed later. The mileage options will-be strucko Vote on motion: AYES: Superdsors Dolan, Moseley, Wheeler, Winston and Chairman Lemke NOES: None Motion carried. 1780 1781 1782 1783 ADOPT RESOLUTION 79-227 PERSONNEL RULES AMENDMENT On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carries, Resolution 79-227 amending several sections of the Personnel Rules to implement the 40-hour work week and to clarify some technical procedures to be effective January 5, 1980 was adopted and the Chairman authorized to sign. WAIVE FIRST READING OF ORDINANCE AMENDING COUNTY CODE CHANGING THE NORMAL COUNTY OFFICE HOURS TO CONFORM TO THE NEW 40-HOUR WORK WEEK On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, the first reading of the ordinance amending the Butte County Code changing the normal county office hours to conform to the new 40-hour work week, 8:00 a.m. to 5:00 p.m. was waived. WAIVE FIRST READING OF ORDINANCE TO IMPLEMENT RETIREMENT CONTRACT CHANGE GRANTING RETIRED EMPLOYEES COST-OF-LIVING RAISE On motio~of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, the first reading of the ordinance to implement the retirement contract change granting retired employees a cots-of-living increase was waived. POLICY: REQUIRE CETA PRIVATE, NON-PROFIT SUBGRANTEES TO BE BONDED OR DEMONSTRATE ADEQUATE FINANCIAL ASSURANCES FOR ANY DISALLOWED COSTS Jim Rackerby, personnel director, stated that there is a finding throughout the state that the prime sponsors of CETA are finding a problem with the subcontractors where they misused the money. Some are being required to pay back the money. He proposed some type of financial assurances that will protect the county. He would like the Board to adopt a policy identifying that area and then they could identify an amount. This would not be necessarily a bond. They must show the ability to cover the amount of money used for CETA. Tf they do not have that financial assurance the county might not want to do business with that company. If they cannot show the responsibility for liability then there is a possibility they should not be contracted with. The determination could come from. recommendations of CETAC to the Board. He felt the problem could be the non-profit organizations with no assets and pretty weak management. It was moved by Supervisor Winston, seconded by Supervisor Wheeler that a policy of requiring CETA private, non-profit subgrantees to be bonded or demonstrate adequate financial assurances for any disalled costs be adopted. Page 318. November 6, 1979 79- November 6, 1979 Supervisor Dolan questioned whether the fact that many of the government agencies have gone to self insurance would have any bearing on the matter. Mr. Rackerby felt that it was possible but did not think this would have any effect on their ability to pay the amounts needed. They would have revenue coming in. His office is looking at an agency quarterly. This would be something to be negotiated with the individual agencies to protect the general fund. Vote on motion: AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke NOES: None Motion carried. 1784 17851 178b1 AUTHORIZE MOAIFICATION OF CETA PROJECT 79-52 AND MOVING OF PROJECT 78-55 TO THE TOP OF THE PRIORITY LIST Jim Rackerby, personneL''director, stated that last week the Board authorized the moving of one project to the top of the priority list for the moving project for the Administration Building. They are prepared to fill the positions at this time. Originally, the project did not anticipate that they would need to Iease various heavy equipment such as moving dollies and furniture moving equipment and boxes to transfer the files into. There is about $3,000 project money they could use for acquiring and renting this equipment. He recommended that the Board modify Project 79-52 to include the $3,000 for the equipment. He also asked that the Board move Project 78-55, which is the inventory clerk for the preparation of the surplus property, to the top of the priority Iist. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, CETA Project 79-52 was modified to include an additional $3 ,000 for the equipment and expenditure of supplies and Project 78-55 was moved to the top of the priority list. AUTHORTZE PERSONNEL DIRECTOR TO EXECUTE TRAINING AGREEMENT WTTH LOMA VISTA UNIVERSITX SCHOOL OF HEALTH On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the Personnel Director was authorized to execute the training agreement with Loma Vista University School of Health to provide field experience for university students assigned to the county. ADOPT RESOLUTION 79-228 DESIGNATING CHIEF PROBATION OFFICER TO EXECUTE GRANT APPLICATION WITH OFFICE OF CRIMINAL JUSTICE PLANNING FOR ACQUISITION OF EQUIPMENT TO UPGRADE RECORDS SYSTEM IN PROBATION DEPARTMENT: AUTHORIZE PREPARATION OF BUDGET TRANSFER On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, Resolution 79-228 designating the Chief Probation Officer to execute the grant application with the Office of Criminal 3ustice Planning for the acquisition of equipment to upgrade the records system in the Probation Department with the period of the grant being from October 1, 1979 through March 31, 1980 in the amount of $10,283 (federal, $9,255 and local, $1,028) was adopted and the Chairman authorized to sign; budget transfer with local funding included in the Probation Aepartment office expense budget was authorized to be prepared. Page 319. November 6, 1979 November 6, 1979 79- 1787 b'' 1788 1789 APPROVE LEASE RENEWAL - CHICO CETA OFFICE On motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, the lease agreement with Edward P. Riley, John R. Hammon and John E. Sweeney to provide space for the CETA office in Chico located at E. 5th and Wall Streets with the term of the lease being for three years commencing November 1, 1979 at a monthly rate of $1,092 was approved and the Chairman authorized to sign. DISCUSSION OF COMMITTEE RECOMMENDATION FOR AWARD OF CETA INFORMATION SYSTEM COMPUTER AND AWARD OF BID - CONTINUED TO NOVEMBER 13, 1979 Discussion of the final evaluation and recommendation for award of the CETA information system computer and award of bid was continued to November 13, 1979. APPROVE BUDGET TRANSFERS On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the following budget transfers were approved: B-16 - Chico Municipal Court. Transfers $13,964 from the reserve with $8,086 going to regular salaries and wages, $2,740 to extra help and $3,138 to emphoyee benefits in order to provide appropriations for two additional clerk positions for the court through the end of the fiscal year pursuant to action taken by the Board of Supervisors on October 9, 1979; Minute Order 79-1634. B-18 - Treasurer & Tax Collector. Transfers $16,992 from the reserve with $9,581 going toward regular salaries and wages, $3,250 to extra help, $3,461 to employee benefits and $700 to transportation and travel to provide appropriations for funding of a collector and typist clerk position and related travel expenses for the Treasurer's Office pursuant to approval by the Board of Superivosrs on October 9, 1979; Minute Order 79-1635. B-20 - Fire Protection recular services. Transfers $97,579 from the reserve with $8,230 going to maintenance of structures, $87,b49 to professional and specialized services and $1,700 to fixed assets - e,quipment. The purpose of this transfer is to establish an appropriation for funding of the Bangor Fire Station for 1979-80 as approved by the Board of Supervisors on October 2, 1979; Minute Order 79-1603. B-21 - Public Health - Countv Medical Services. Transfers $2,579.63 from the reserve to support and care of persons in order to cover payment of medical indigent billings as approved by the Soard of Supervisors on September l1, 1979; Minute Order 79-1468. B-31 - District Attornev - Consumer Protection Unit. The purpose of this transfer is to provide an appropriation for the District Attorney Consumer Protection Unit until June 30, 1980. These funds are in addition to the $49,804 included in the final budget. The total amount of this transfer is $89,489 with funding as follows: federal, $61,045; state, $3,399; and reserve for contingencies, $25,045. 8-32 - Fire Protection - reeular services. Transfers $112,530 from the reserve with $2,930 going to professional and specialized services, $49,000 to land, $38,600 to structures, improvements and grounds, $20,000 to equipment and $2,000 to contingencies.. The purpose of this transfer is to provide a budgetary appropriation for the relocation of the North Chico Fire Station pursuant to Board of Supervisors action on October 2, 1979; Minute Order 79-1602. Page 320. November 6, 1979 November 6, 1979 79-1790 REQUEST FOR AUTHORIZATION TO USE CONTRACT POR FORMED MEYERS STREET ASSESSMENT b DISTRICT IN LIEU OF REQUIREMENT FOR LABOR AND MATERIALS, MAINTENANCE AND PERFORMANCE BONDS AND SUBDIVISION AGREEMENT FOR MC GOWAN & VALINE SUBDIVISIONS TAKEN OFF AGENDA WITH PUBLIC WORKS TO BRING BACK PROPOSED ORDINANCE AMENDMENT Clay Castleberry, public works director, stated that the present ordinance does not allow the use of the contract for the formed assessment district in lieu of the required bonds. He will be bringing back an ordinance to cover this matter. The request for authorization to use the contract for the formed Meyers Street Assessment District in lieu of requirement for labor and materials, maintenance and performance bonds and subdivision agreement for McGowan and Valine Subdivisions was taken off the agenda and Public Works to bring back a proposed ordinance amendment to cover the situation. 1791 APPROVE NOTTINGHAM PARK FINAL SUBDIVISION MAP Clay Castleberry, public works director, stated that the Nottingham Park Subdivision map was in order. This is probably the last subdivision that can be done on the west side of Skyway before the new access road is put in. The developers have agreed to be in the assessment district and have paid $5,000 toward the district. On motion of Supervisor Winston, seconded by Supervisor. Wheeler and unanimously carried, the Nottingham Park final subdivision map was approved; the public utility easements, drainage easements and road easements as shown on the subdivision map and offered for dedication were accepted; and the Chairman was authorized to sign the subdivision agreement for the Nottingham Park Subdivision, 7 lots, AP 52-07-68, located on the east side of Crestview Drive, approximately 250 feet south of Crestwood Drive, Paradise. 1792 WAIVE FIRST READING OF ORDINANCE ESTABLISHING SPEED LIMIT ON VARIOUS ROADS AND ADOPT RESOLUTION 79-229: DECLARAING THROUGH ETSGHWAYS - EAST SIXTH AVE, CHICO AND LOWER HONCUT ROAD On motion of Supervisor Wheeler, seconded-by Supervisor Winston and unanimously carried, the following Public Works items were approved: 1. Waived the first reading of the ordinance establishing a 25 MPH speed limit on new residential area roads in the south Oroville area. 2. Adoptel Resolution 79-229 declaring through highways East Sixth Avenue, Chico and Lower Honcut Road and the Chairman authorized to sign. 1793 APPROVE PLANS AND SPECIFICATIONS - SKYWAY FAS PROJECT N0. Y742(2) On motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, the plans and specifications for the Skyway FAS Project No. Y742(2) for-the next 3.7 miles of four-laning of. the Skyway between Chico and Paradise were approved; the Chairman and the Director of Public Works authorized to sign the plans; the wage scale was adopted; and the bid opening was set at 11:00 a.m., November 29, 1979 in the Public Works Officeo 1794 APPROVE CONTRl~CT CHANGE ORAER NO. 1 AND NOTICE OF COMPLETION - CHAPMAN AREA IMPROVEMENTS PHASE T. PROJECT N0. 53235R-77-1 On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the following action was approved for the Chapman area improvements phase I, Project No. 53235R-77-1: 1. Approved contract change order No. 1 in the increasing amount of $198.15 providing for placing of additional aggregate base on Boucher Avenue with the force account work having been done by county crews and additional funds for change order and force account work are available in HCD grant funds (Account 41.010). Page 321. November 6, 1979 November 6 ~ 1979 79- 5 1795 1796 1796 2. .Accepted the work of James E. Byrne for the Chapman area improvements phase I, Project 53235R-77-1; authorized the Chairman to sign the notice of completion and instructed the Clerk to record said notice of completion with the Recorder. AWARD BID - TRAFFIC SIGNAL INSTALLATION EAST AVENUE AT PILLSBURY AND EAST AVENUE AT EL PASO FAU PROJECT N0. Y793 1 Clay Castleberry, public works director, set out the bids that were received for the traffic signal installation for East Avenue at Pillsbury and East Avenue at E1 Paso, FAU Project No. Y743(1). They received nine bid so The low bidder was J. K. Hayes of Placerville in the amount of $70,300. The county has spent about $10,000 buying controls for the signals. This contract is for the poles and installing the starter boxes purchased~by the county a year ago. They hope that the signals will b e installed before Christmas timed On motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, the bid for traffic signal installation for East Avenue at Pillsbury and East Avenue at E1 Paso, FAU Project No. Y793{1) was awarded to J. K. Hayes o£ Placerville in the amount of $70,300 subject to Caltrans approval. ADDITIONAL MATTER PRESENTED BY PUBLIC WORKS Clay Castleberry, public works director, advised that next week he would be bringing a policy regarding snowplowing to the Board fox their consideration. This policy will reflect the reduction of his staff. He is proposing lowering the expectations for next year. PUBLIC HEARING DATE SET The following public hearing dates were set: 1. A public hearing date of November 20, 1979 at 11:15 a.m. was set for consideration of Butte County Administrative Office - consideration of proposed negative declaration and decision to proceed with the project for the construction of the North Chico Fire Station at the new location. 2. A public hearing date of November 20, 1979 at 11:30 a.m. was set for William T. Burch appeal of requirement to prepare an ETR in connection with a request to rezone 28.94-} acres to "MHP" (10.21~`~acres) and "TM-2-1/2" (18.73-x- acres) for AP 63-18-02, located at the southwest corner of Forest Ranch Road and Highway 32 intersection, Forest Ranch. ,1797 ~RESCIND_RUBLIC HEARING__DATE SET FOR JACK DIAS - PETITION FOR VARIANCE On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the public hearing date of November 20, 1979 set for consideration of Jack Aias petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 26-5-31 {portion), 2345 Stanley Drive, Oroville area, zoning: "A-2" as set in minute order 79-1742 on October 30, 1979 was rescinded. 1798 WAIVING OF SECOND READING AND ADOPTION OF ORDINANCE AMENDING SECTION 20-66 OF THE BUTTE COUNTY CODE RELATING TO PROVISIONS ON TIMELY APPEAL OF SUBBIVISIONS The waiving of the second reading and adoption of ordinance amending Section 20-66 of the Butte County Code relating to, provisions on timely appeal of subdivisions was continued to November 13, 1979. Page 322. November 6, 1979 79-1799 ~' !lsoo ': 1801 November 6, 1979 REPORT FROM COUNSEL ON LETTER,FROM METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA - TAKEN OFF AGENDA The report from Counsel on the letter from Metropolitan Water District of Southern California forwarding a proposed contract amendment to allow individual contractors to manage their own share of state water project replacement reserve fund contributions was taken off the agenda. APPOINTMENTS CONTINUED TO NOVEMBER 13, 1979 The following appointments were continued to November 13, 1979: 1. Appointment of non-governmental youth organization representative to CETA Xouth Council. 2. Appointment of senior citizen tenant representative to Butte County Housing Authority. MOTION TO SUPPORT COUNTY OF STANISLAUS LETTER REQUESTING BOARD SUPPORT OPPOSING STAFF RECOMMENDATION OF US DEPARTMENT OF AGRICULTURE AND INTERIOR IN DESIGNATION OF MAJOR PORTION OF THE TUOLUi~A1E RIVER AS "WILD AND SCENTC" AND INCLUSION INTO FEDERAL WILD AND SCENIC RIVERS SXSTEM CONTINUED TO NOVEMBER 20, 1979 Supervisor Wheeler stated that she supported Stanislaus County in their opposition to the declaration of the Tuolumne River as a wild river. She felt RARE II was placing quite enough area into the wild and scenic rivers classification. It was moved by Supervisor Wheeler, seconded by Supervisor Winston that the Board go on record supporting Stanislaus County objecting to the inclusion of a major portion of the Tuolumne River into the "wild and scenic" classification. Supervisor Winston stated that when the Middle Fork of the Feather River was designated in that classification, as far as Butte County is concerned, it was a good action, He did not feel he was in any position to vote on this matter as he did not know anything about the Tuolumne River. The vote on the motion was continued to November 20, 1979. 1802 1803 DISCUSSION AND IMPLEMENTATION OF AB 618 - RAISING OF FUNDS FOR FIRE PROTECTION WAS CONTINUED TO NOVEMBER 20, 1979 The discussion and implementation of AB 618 raising of funds for fire protection was continued to November 20, 1979. DISCUSSION OF SURERVISORTAL DISTRICT REAPPORTIONMENT Discussion of supervisorial district reapportionment was held at this time. Supervisor Dolan stated that perhaps they should be talking about the timing for the redistricting. Thexe will be a census in 1980. The assembly and state districts will have to be done then. It seems that it is in the best interest of the county that the redistricting be done at the same time as the other redistricting. If the assembly district lines change, it will affect the Clerk's Office and will affect the supervisorial districts. Chairman Lemke did not feel that the assembly redistricting would affect the supervisorial districts. Gerald Lively, deputy administrative officer, stated that in drawing the district lines they are trying to stay with the existing precincts. He has discussed this matter with the Clerk. Page 323. November 6, 1979 November 6, 1979 79- Supervisor Dolan stated that the Clerk is involved in more than some of the logical questions. There is an election being held today. There will have to be a canvass of the votes and a voter purge. Anyone who wishes to run for election in 1980 and wishes to collect signatures can do so the day after Christmas. 'She wondered if this could be accomplished without additional expense to the county. Dan Blackstock, county counsel, stated that the Board has a provision in the Butte County Charter that came about as a result of the court case in the 1970s that gives the county a seven percent deviation. Mr. Lively stated that the Board has to reapportion the districts. If the Board has not taken action before November, 1981 then a committee would be formed of the District Attorney, Assessor and County Clerk to reapportion the districts. They must take action by December, 1981, This would be after the federal census. The first priority for redistricting is population equality. Everything else is topographical and contiguity. The biggest problem is that in District 2 there is 23.43% of the population and District 5, 17% of the population. Mr. Blackstock read Section 6, Article ZI of the Butte County Charter at this time. Under the charter provision, the federal census is. the trigger for redistricting. The county took their own census in 1975. The Board is not under compulsion to redistrict at this time. With this thing being so far out of line, there could be litigation filed and the court might say that it is so far out of bounds the county could be required to reapportion. The Board would have the provision relative to the 23% rule. There was an amendment in 1970 relative to the percentage amount. The other portions of that section were adopted in 1917 and at that time there was only the federal census. Clark Nelson, county clerk, stated that he had read in the newspaper where this would be an ideal time to redistrict because it is an off election year. Because of the law change which allows people to obtain signatures in lieu of filing fees, they start run~ii:ng for office December 26, 1979. Last time there was a reapportionment, in 1972'; a policy was established to send postcards to every person telling them they were now in a new supervisorial district and who their supervisor was. If the decision is not made today, it will be a real shock. In 1972 there were 43,000 registered voters and 6,000 people were affected. It took over six weeks to accomplish the notifications. After next November, they will not have people coming in during December filing. Clif i~Iickelson, administrative officer, stated that the only problem of not doing the reapportionment at this time would be the possibility of having a supervisor redistricted out of their own district. This should have been done a long time ago. . Mr. Clark stated that if the decision was made today, he would have to hire people to locate the people in the different district who have route and box numbers and telephone them. Supervisor Dolan felt that this should not be done at this time. If the decision is made today, the people would find out they have a new supervisor by mail. She felt there should be some public hearings on the matter. There would be a lot of geographical problems. Chairman Lemke did not feel there would be a single time that this would not happen,v~ith the two-year split in elections. He felt this should be done now. Page 324. November b, 1979 79- November 6, 1979 Supervisor Wheeler felt that even though the district lines would be moved, it would not affect her ability to work with people. There are many times that she handles the calls from Chapmantown even though they are in Chairman Lemke's district. Supervisor Moseley felt that she would be greatly affected by the reapportionment. She intends to run again for supervisor-and this will be a different area for her. She opposed the reapportionment at this time. She is in the extreme northern portion of her district and could be reapportioned out of her district easily. Mr. Lively stated that none of the present supervisors would be reapportioned out of their district. It seems incompatible that the supervisor for Paradise also has Chapmantown. This proposal would keep Paradise whole. If after the census is-taken and the districts are not in the proper percentage, they would have to redistrict again at that time. The lines on the proposal were based on the 1975 census and are within one-half of one percent of being on the money as of 1975. They are allowing for the growth within the county. The matter was continued to later in the meeting. 1804 RECESS: 10:09 a.m. RECONVENE: 10:19 a.m. PUBLIC HEARING: MR. & MRS. BERT BERG - PETITION FOR VARIANCE TO SECTIONS 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF MOBILE HOME The public hearing on Mr. & Mrs. Bert Berg petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 47-44-08, Route 4, Box 522A, Chico axea, zoning: "A-2" ias held as advertised. Lynn Vanhart, environmental health director, set out the background of the petition. It is in order. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. 1805 On motion of Supervisor Wheeler, seconded by Supervisor Dolan a nd unanimously carried, the petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 47-44-08, Route 4, Box 522A, Chico area, zoning: "A-2" for Mr. & Mrs. Bert Berg was ipproved for a period of one year. ADOPT_RESOLTJTION 79-230: RESOLUTION 79-231: RESOLUTION 79-232; PUBLIC HEARINGS: ELOISE CUNNINGHAM. JIM RICKARDS & EDWARD WASILENKO - ABANDONMENT OF PUE The public hearing,on the following was held as advertised: 1. Eloise Cunningham abandonment of public utility easement, Paradise Pines, Unit 2, Lot 17. 2. Jim Rickards abandonment of public utility easement, Eden Pines Subdivision, Unit 2, Lot 17. 3. Edward Wasilenko abandonment of public utility easement, Paradise Pines, Unit 4, Lot 299. Larry Brooks, planning department, set out the background of the proposed abandonments. They were recommended for abandonment. Page 325. November 6, 1979 79- a November 6, 1979 Hearing open to the gublic. Appearing: Jim Rickards. Mr. Rickards stated-that his proposed abandonment was in Eden Pines and not Paradise Pines. Hearing closed to the public and confined to the Board. 1806 1807 On motion of Supervisor-Winston, seconded by Supervisor Moseley and unanimously carried, the following abandonments were approved: 1. Adopted Resolution 79-230 abandonment of public utility easement, Paradise Pines, Unit 2, Lot 17 for Eloise Cunningham and the Chairman authorized to sign. 2. Adopted Resolution 79-231 abandonment of public utility easement, Eden Pines Subdivision, Unit 2, Lot 17 for Jim Rickards and the Chairman authorized to sign. 3. Adopted Resolution 79-232 abandonment of public utility easement, Paradise Pines, Unit 4, Lot 299 for Edward Wasilenko and the Chairman authorized to sign. Supervisor Dolan questioned whether the abandonment for Edward Wasilenko retained the southern 20 feet as requested by PG&E. Mr. Brooks stated that the abandonment did not include the southern 20 feet. PUBLIC HEARING: FLOYD F. SANNAR - APPEAL OF CONDITION ~~10 AND WALTER G. LITTLE,. ET AL - APPEAL OF PROPOSER NEGATIVE DECLARATION AND TENTATIVE SUBDIVISION MAP APPROVED BY ADVISORY AGENCY FOR WEST LTBERTY ESTATES SUBDIVISION, ELEVEN LOTS, AP 21-131-17 AND 18, NORTHEAST CORNER INTERSECTION OF LEWIS OAK ROAD AND WEST LIBERTY ROAD. GRIDLEY UREA The public hearing on Floyd F. Sannar appeal of condition ~~10 and Walter G. Little, et al appeal of the negative declaration and tentative subdivision map approved by the Advisory Agency for the West Liberty Estates Subdivision, eleven lots, AP 21-131-17 and 18, northeast corner intersection of Lewis Oak Road and West Liberty Road, Gridley Area was held as continued. Chairman Lemke advised that the Board had received a memo from the Environmental Review Department stated that an EIR was required for the project by the Board. No draft EIR has been furnished by the project proponent. He asked that this matter be continued until February 2b, 1980, Mr. Sannar felt that he might be able to make that time. He asked that the matter be continued to that time with the option to be able to ask for an additional continuance if needed. The hearing on the draft EIR and project was continued to February 2b, 1979 at 10:00 a.m. PUBLIC HEARING: NOTICE OF INTENTION TO PURCHASE PROPERTY FOR NORTH CHICO FIRE STATION The public hearing on the notice of intention to purchase property for the North Chico Fire Station was held as advertised. Mike Pyeatt, assistant administrative officer, set out the background of the notice of intention. The county has been given notice to vacate the existing premises for the fire station in Chico. Their office has met with the fire staff and evaluated the sites and came to the conclusion that the best site is Frontier Circle and Cohasset. The property owners Page 326. November 6, 1979 79- ~! November 6, 1979 are George and Sally Dimas and the price is $49,000. The Assessor has advised their office that the market value of the property is $40,000. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. 1808 On motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, the purchase of the property at Frontier Circle and Cohasset from George and Sa11y Dimas in the amount of $49,000 was approved, PUBLIC HEARING: JOHN F. CONNELLY - APPEAL OF PLANNING COMMISSION'S DENIAL OF NEGATIVE DECLARATION AND USE PERMIT TO ALLOW STORAGE OF FLAMMABLE MATERIAL ON PROPERTX ZONED "A-2," AP 44-41-27, SOUTHWEST CORNER OF ESPLANADE AND TONEA WEST, CHICO The public hearing on John F. Connelly appeal of the Planning Commission's denial of proposed negative declaration and use permit to allow the storage of flammable material on property zoned "A-2," AP 44-41-27, southwest corner of Esplanade and Tonea West, Chico was held as advertised. Earl Nelson, environmental review director, set out the backgound of the negative declaration. This is a 1.2 acre parcel located on the west side of Esplanade. It is used for an equipment storage yard. The use permit is for the storage of flammable material, petroleum products. One of the tanks is 2,000 and the other is 5,000,gallon tanks. The only concern was the explosiveness of the material. There could be mitigation be installing the tanks underground. He recommended a negative declaration with the undergrounding being done. There was some concern at the Planning Commission level that the hanks were installed before the hearing was held, They are eight feet within the setbacko They are 42 feet back from the centerline. The denial of the Planning Commission did not go into the negative declaration but that the work was completed prior to the use permit and did not meet the setback requirements. Chairman Lemke questioned whether there were tanks on the USP property just south of Eaton Road on the same side o£ the Esplanade. Hearing open to the public. Appearing: 1. Ken Baker, representing Mr. Connelly. Mr. Baker presented the Board members with a memo with the back attachments being a signature page for the people living in the immediate area. They have no objections. The memo has set forth some of what Mr. Connelly has done in terms of dealing with the property. He has been before-the Board dealing with the variance in regard to a setback of the fence. There is a problem as to whether the setback on Tonea Way and the fence applies and it is a private road. Mr. Connelly came in and looked at the property and talked with people he could rely on in terms of buildings and a rental yard and the proposed uspof gas for the rental yard. It was his belief that he had the right to put in the gasoline storage tanks. They are not within the setback of the Esplanade. They are only a problem on Tonea. When Mr. Connelly was advised in July that the installatian of the tanks might require a use permit he filed a use permit. Staff recommendations did not believe there were any environmental problems. He did not believe that anyone has indicated any problems with danger to the public. There were no reasons given other than the fact that Mr. Connelly was not the type of person that had gatten along with anyone in the county. UPS and the market have storage tanks. All of these are within the setback. He felt the question should be if there is danger of allowing the tanks. If the matter of the setback is Page 327. November 6, 1979 79- November 6, 1979 resolved on Tonea, and a 55 foot setback is allowed then the applicant will be willing to move the tanks. These tanks are a long way away from other buildings. The use permit has been denied to Mr. Conneliyo There were no reasons given. Mr. Baker asked that the Board consider the appeal on the basis of the recommendations that if the Board feels that the use permit is appropriate, the applicant will abide by the requirements of the Planning Commission. They are willing to abide by the requirements of the use permit. .Supervisor Dolan stated that Mr. Baker had mentioned that the storage tanks would be similar to the storage tanks at other locations. She wondered if the storage tanks were this close to residences. The examples that were given are commercial and not next to homes. Mr. Baker stated that the market has three 10,000 gallon tanks. He did not know where the nearest home was to the tanks. The tanks being proposed are smaller and he thought the nearest house was 190 feet away. He felt that met about every safety precaution requirement. They have not beer notified of a safety problem. Dan Blackstock, county counsel, asked Mr. Baker if the tanks were within the setback requirements for the parcel map? Mr. Baker believed that they were in the setback area. ~s he understood the county's position, they were within the setback of Tonea Road maybe off by eight feet. Mr. Blackstock stated that the question is how does the burial of the tanks relate to the setback requirements that was recorded for the parcel map, are there setback lines on the parcel and where do the tanks sit? Mr. Baker stated that there was no question that there were setbacks on the parcel map and set on Tonea Road. They are within the 55 foot setback area. Mr. Blackstock asked if there was any structure building over the tanks? He also asked if this was built before the applicant received a building permit? Mr. Connelly stated that there was a metal building over the tanks. i'he permits are pending the approval of the use permit. Mr. Baker stated there is no question that the building was built and put in before the permit. Once it was known the permit was required the applicant made application and the permit is pending. This should not be a detriment. what they want is a solution to solving the p roblem even though the application was filed late. The setback question is a question of if the law says one thing and they disagree and they want to litigate it can they be granted a use permit subject to any revision the court might do. Mr. Blackstock is aware of the problems with the setback. The Board has the power to grant a variance if they wanted to do so at this hearing. 2. John Connelly. Mr. Connelly stated that the UPS tanks are next to the DeJeVue Restaurant and along side are homes, The homes are closer to the UPS tanks than they would be to his tanks.. 3. Jim Turner. Mr. Turner stated that he lived behind the property in question. It seems that Mr. Gonnelly bought the property and developed it and now he is asking the county to accept it the way it was d eveloped. He built the fence in defiance of the Board's orders. Page 328. November 6, 1979 November 6, 1979 79- Hearing closed to the public and confined to the Board. 3' Supervisor Aolan stated that the Board's position is that the fence is within the setback and the tanks are also within that same setback. She wondered if the matter should be delayed until such time as the litigation has been settled, Mr. Blackstock stated that the fact the county is in litigation should not affect the Board's decision. This is a Board decision, The county's complaint is saying Mr. Connelly cannot do this and he has not obtained a variance and a use permito If the Board decided Mr. Connelly should be granted a use permit, the Board would be within their rights to do so. They would amend the court action as it relates to the use permit and go about the matter of the fence. The county sued to enjoin an illegal use. Mr. Connelly asked for a variance and was turned down. He built the fence anyway. The fuel tanks were added to the complaint. If in fact as presented to the Board, the fuel tanks-are within the setback it would be extraordinary for the Board to grant such relief. Supervisor Winston felt there were two issues. There is the issue of the use permit. If they are granted the use permit they are not in compliance with the ordinance. Mr. Baker stated they had nat been advised they were outside. They believe they are within the setback. The violation alleges the failure to obtain a use permit. .Supervisor Winston stated that this is a proper use for the land. A use permit is required for the storage of gasoline. The Board is not considering There the tanks are located. The question is whether or not the Board is going to grant a use permit. In granting the use permit he would assume it would be installed with the existing requirements of the ordinance. Mr. Baker stated that Mr. Connelly, if granted the use permit, has agreed that whatever the setback from Tonea Way is he will move the tanks so they are in conformity with the setback. Tf he is not in conformity, he will move those tanks, whatever that setback line is established to be. Mr. Connelly will stipulate to moving the tanks if they are in the setback as stipulated by the county. Mr. Blackstock stated that if the Board grants the use permit there would be conditions imposed. One of the conditions would be . 50 feet from the setback of Tonea. Mr. Baker stated that if it is 50 feet they will stipulate to the 50 feet. On motion of Supervise r Winston, seconded by Supervisor Wheeler and unanimously carried, finding that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described below has been added to the projee*. and a negative declaration is recommended: 1. The fuel storage tanks are to be installed. underground, as proposed, to minimize potential hazards. It was moved by Supervisor Winston, seconded by Supercrisor Wheeler, that the appeal o£ John F. Connelly be upheld finding that the issuance of a use permit is in compliance with the General Plan and applicable zoning in the area subject to the .following conditions: Page 329. November 6, 1979 79- b! November 6, 1979 1. Construct vertical curb, gutter, sidewalk and widen the Esplanade to 32 feet to face at curb. 2, Construct Standard S-1 sidewalk on Tonea West, and a Standard S-5 pedestrian ramp at the intersection of Tonea West and the Esplanade. 3. Provide storm drainage system capable of handling proposed runoff from Tonea West to the S.U.D.A.D. ditch to the south. Submit construction and drainage plans to Department of Public Works for approval and install the required facilities. 4. To be underground installation only. 5. Applicant must also comply with all other applicable state-and local statutues, ordinances and regulations. 6. Installation of tanks to be in accordance with local statutues, ordinances and regulations. 7. Tanks must be buried outside of the 50 feet from the centerline of Tones West as well as the Esplanade. 8. The fence presently on Tonea and Esplanade be brought back so it is in existence of 50 feet of the centerline of Tonea Way West and further, in granting of the use permit is contingent upon the applicant signing agreement otherwise the use permit is not valid. Mr. Baker stated that he understood the condition says that the fence which deals with the setback ,issue means they are going to court which means they have no use permit. Chairman Lemke advised that if the condition is met and the applicant agrees .there will be no court case. They are trying to allow the applicant to do what he wants by county code. Vote on the motion: AYES: Supervisor Dolan, Moseley, Wheeler, Winston and Chairman Lemke NOES: None Motion carried. 1809 SUPERVISOR WINSTON ABSENT AT THIS TIME. PUBLIC HEARING: FINAL DISPOSITION OF THE NORTH CHICO TRAFFIC STUDY REGARDING T HE EL PASO. WAY AND WHITE AVENUE. TRAFFIC PROBLEMS FROM LASSEN TO EAST AVENUES - CONTINUED TO DECEMBER 4. 1979 AT 10:15 A.M, The gublic hearing on the final disposition of the North Chico Traffic Study regarding the El Paso Way and White Avenue traffic problems from Lassen to East Avenues was held as advertised. Chairman Lemke advised there has been a request: that the matter be continued for one week. Supervisor Wheeler asked that the hearing be continued for 30 days so that she can contact people she was unable to contact. The hearing was continued to December 4, 1979 at 10:15 a.m. Supervisor Dolan asked if there would be another public notice published. Mr. Nickelson advised that the hearing would not be an advertised notice. Page 330. November 6, 1979 November 6, 1979 79-,1810 APPEARANCE: JIVE MC NAUGHTON .EXECUTIVE DIRECTOR COMMUNITY ACTION AGENCY ~ Jim McNaughton, executive director of Community Action Agency, as present to give the Board a report on the senior nutritional proposal. RECESS: 11:14 a.m. RECONVENE: 11:24 a.m. Mr. McNaughton stated that he had submitted a letter.cf intent to service the five counties a few weeks ago for the nutritional programs in 1980. The day after they submitted the letter of intent four of the counties all submitted to each service their own county with the exception of Colusa County. Colusa County is not eligible because they service less than 100 meals per day. Glenn County has agreed to service Colusa County. His office will be presenting a.proposal to the Board next week. This will be for the nutritional program from January 1 to December 31, 1980. After the end of their contract period the Triple A would determine between October and December who would operate the program for 1981. The requirement for social services will have to be in next years proposal as required by Title IIIC requirements. The county will only go from 3anuary 1 to September 30, 1980. After September 30, 1980 the Triple A will be providing social services which includes the nutritional services and recreational. services and a number of volunteer activities. 1811 ADOPT ORDINANCE 2059: PUBLIC HEARING: 30HN S. MC GRATH - DRAFT EIR AND REZONE FROM "A-5" (AGRICULTURAL - FIVE ACRE PARCELS) TO "A-10" (AGRICULTURAL TEN ACRE PARCELS), AP 28-20-5, 7, 14, 19, 28, 37, 57, 58 & 59, PROPERTY LOCATED APPROX. ONE MILE NORTHWEST OF BANGOR ON BOTH. SIDES OF OROVILLE- BANGOR HIGHWAY AVOCADO ROAD_AND ORANGE AVENUE, OROVILLE The public hearing on John S.-McGrath draft environmental impact report and rezone from "A-5" (agricultural - five acre parcels) to "A-10" (agricultural - ten acre parcels), AP 28-20-5, 7, 14, l9, 28, 37, 57, 58 and 59, property located approximately one mile northwest of Bangor on both sides of Oroville-Bangor Highway, Avocado Road and Orange Avenue, Oroville was held as advertised. Larry Brooks, planning department, set out the background of i the rezone. This would be a change from "A-5" to "A-10" so the applicant could mine. Originally the application was for some 760 acres. The General Plan designation is agricultural residential one to forty acres per dwelling unito They are generally considered consistent. The Planning Commission upon review of the proposal and request of the owner of the property narrowed the rezone down to 80 acres. The one item of concern is that under the "A-10" zoning the applicant would not be required to furnish a reclamation plan. He believed the reclamation plan only was required for sand and gravel operations. Mr. McGrath is planning on gold mining. Earl Nelson, environmental review director, set out the background of the environmental impact report. The environmental effects are related to the mining operation primarily. The two zones are somewhat similar in that they are both agricultural uses. The advantages to the applicant is that the zoning would allow mining without a further use permit or control on the part of the county. There axe a number of state agencies, the Department of Water Resources and Fish and Game, have concerns and will be requiring mitigation measures. The potential impacts relate to the mining operation. It is surface mining, excavation open pit mining. The ore will be taken out separately. The ore will be processed. Another pit will be opened and the first pit will be covered up with the fill from the second pit. Mr. Nelson set out the equipment that will be involved in the mining operation, The major impacts-that might accur migtzt be the change in.:Ghe character of the area, disruption of the geographical material on the site. It would effect wildlife to some degree because the reclamation plan will restore for use when it is completed. The archaeological site did not Page 331. November 6, 1979 I November 6, 1979 79- 3 cover that entire area only the area of mining. His office would be required to look at the potential uses in the "A-10" category regardless of whether he knew that mining was the intent. It would appear that the zone is less environmentally destructive. The chance are an ETR might have been required on the basis of the uses that would be allowed without any further permits. Supervisor Dolan asked if the plans from the other agencies required a reclamation plan. Mr. Nelson stated that he was not sure. He knew it would protect the water quality concerns in the creeko He believed the applicant planned to file a reclamation plan. Chairman Lemke stated that he felt the reclamation portion would be required by the Bureau of Land Management or the Office of Planning and Research. Dan Blackstock, county counsel, stated that if the applicant were to work in a stream, he would have to deal with the Reclamation Board relative to a permit. The county has an ordinance relative to gravel extraction. The ordinance does not apply to mining. Hearing open to the public. Appearing: Bill Geddis, representing Mr. McGrath. Mr. Geddis stated that his office prepared the EIR. The approval is conditional upon receipt of approval by the Water Quality Control Board. That board has sent a letter listing ten separate items that the applicant will have to submit and a detailed plan which will include a restoration of the ground. He must carry the water and the runoff areas will have to be reshaped upon completion. There will be no discharge into any stream. The applicant will also have to conform to the Fish and Game requirements and the Divisions of Mines. Approval of the rezone is only the first step. Hearing closed to the public and confined to the Board. 1812 On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried, because the Board has reviewed the contents of the draft environmental impact report, the comments received thereon, and the responses to those comments, the Board therefore certified that the final environmental impact report has been completed in compliance with the California Environ- mental Quality Act, the State ETR guidelines and the Butte County Environmental Review Guidelines. On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried, noting the EIR has been certified, the rezone from "A-5" (agricultural - five acre parcels) to "A-10" (agricultural - ten acre parcels), AP 28-20-5, 7, 14, 19, 28, 37, 57, 58 and 59, property located approximately one mile northwest of Bangor on both sides of Oroville- Bangor Highway, Avocado Road and Orange Avenue, Oroville for John S. McGrath was approved finding that the proposal be limited to 80 acres and finding the project is in conformity with the land use element and the General Plan and there are no significant impacts on the environment; Ordinance 2059 was adopted and the Chairman authorized to sign. AYES': Supervisors Dolan, Moseley, Wheeler and Chairman Lemke. ABSENT: Supervisor Winston. PUBLIC HEARING: CONSIDERATION OF HOUSING AND COMMUNITY DEVELOPMENT PRE- APPLICATION FOR 1980-81 The public hearing for consideration of the Housing and Community Development preapplication for 1980-81 was held as advertised. Page 332. November 6, 1979 November 6, 1979 79- Ward Connerly, Connerly and Associates, set out the background ~, of the preapplication. The preparation has been underway for several months. He has set a description of the activities intended to be submitted by December 3, 1979. This will involve continuance of the program in El Medio, namely rehabilitation. This will take about 507 of the money. There will be a break down of the funds in the following: Public Works stormdrains, curb, gutter and sidewalk, street improvements, acquisition of property, demolition and clearance of structures, relocation of occupants and disposal of the property to developers for low and moderate income families. This will encompass about a 31 block area. It takes in some of the block grant work that has been done. This is a three year program for $1,500,000. This is not the ideal application he would like to be submitting. He would like to include Chapmantown. He would like to see much more public works included in the application. The amount they have is far to inadequate. Information received from the Public Works Department indicates-there is a need for about $2-1/2 million for public works alone. The preapplication refers to l60 units. This is much more than the county is capable of achieving. Mr. Connerly felt the county should go ahead with the pre- application. If they were to include more than one area, the chances of receiving the grant would be about five to ten percent. He was convinced that if the county did not include a large area and did not propose to rehabilitation substandard units the impact would not be significant enough to obtain the funding. After several meetings with HUD, there was no doubt that the application is going to fly. They have conducted several public hearings and have invited everyone to participate. This is not going to please everyone. Supervisor Dolan questioned that if Mr. Connerly has stated that the amount for public works is not enough for the needs and that the county was biting off more than they could chew, wouldn't the approving agency know that and it could affect the county. Mr. Connerly did not think so. The county has a track record of doing much more than anyone thought. These are the goals the county would like to establish. He felt they could convice HUD that yes they could do the work. If things fall into place, he felt they could accomplish the goals. There is no more money to request. If the program were scaled down the county would not be able to compete. This is a three year area rather than a one year area. ', Clif Nickelson, administrative officer, stated that there were advantages to be able to move around in the ]a rger-area. Mr. Connerly answered Supervisors Dolan's questions about the fact that the narrative talks about Chapmantown and does not go into -it. They are obligated to submit facts regarding the entire county. The county recognizes two areas they would like to be operating in. The case is made that because the county has already started in E1 Medio, they feel obligated to complete that effort before moving into the next one. He felt they had to re-emphasize to HUD that there is more than one area. There are some dangers of going with Chapmantown at this point. There is the sewer program to be considered. The county is not going to begin to have the impact as they are in E1 Medio. In the Chapmantown area the cost to build arhouse will be $25,000 to $30,000 and in E1 Medio it is an average of $7,000 per unit. In Chapmantown they might effect twenty units. The $7,000 per unit is just the block grant funds. Thane are some instances where they are suggesting piggy backing with Section 312 loans. He hoped they would be given Section 312 money that is being proposed, Page 333. November b, 1979 November 6, 1979 7g- Supervisor Dolan stated that the letter to the Board indicated y' there were certain things still missing. She wanted to know what was ', still missing and would the Board receive this information before approval was requestedo Mr. Connerly stated that this could be brought back to the Board for approval. The thing that is missing is the exhibit of. the county showing the ratio of minorities in the county and minority contractors. They are no substative policy issues. He would like the Board to authorize him to sit down with someone in the area office and review the preapplication. The applications will be formally considered on November 19, 1979. Supervisor Dolan stated that the preapplication deadline is December 3, 1979. The amount of money for administration does not really imply how that might be spend. Tt does say there will be flexibility in the least. She had read that it was left open and was flexible enough so that the county is not tied down to staffing patterns. Mr. Connerly stated that HUD will allow 20% for administration. This does not include the processing of applications or for preparing engineering designs, Those things come out of the activities themselves. One administrative person is proposed at $24,000 per year which is benefits and all the other things included. Discussion of the recent transitimn of personnel from Administrative Office to the Planning Department held at this time. Mr. Mickelson stated that the Board transitioned an employee so there would be more than one person involved, Mr. Connerly stated that he had sent a copy of the preapplication to Bettye Blair, planning director. He did talk to her about it. Tt is useful for them to know where the program stands. He wondered when the date of transferring the functions was to be. Chairman Lemke advised that the ordinance transferring the functions will be voted on again next week and would take 30 days to go into effect. The transitioning will not be in effect for another five weeks. Mr. Connerly stated that the concern he has is not so much in the signature cards. There is a certain amaunt of frustration of ping ponging from office to office. Mr. Mickelson stated that his concern is that he did not want to tranfer a function to the Planning Department and have them be caught cold. He did not want to dump the program on that department. Both departments axe getting along. Chairman Lemke stated that the Administrative Office was not dumping this on someone totally unfamiliar with it. Larry Brooks is now in the Planning Department. Hearing open to the public. Appearing: Kirk Delu. Mr. Delu stated he was distressed to see the county pulling out of Chapmantown for three years. One of the options was to go from year to year from El Medio to Chapmantown and back to E1 Medio. HUD did not see any problems. There is a three year grant being applied for for E1 Medio. Tt has been said the sewers are stopping the work in Chapmantown. This did not stop the county before. Ma'.ybe there will not be any funds three years from now for-these projects. Those are some rea7{concerns. There has been citizen input but Page 334. November 6, 1979 79- 5 N_ov_em_be_rb, 1979 _ __________ __ he has never seen it acted on. He wondered whyvthe county was deserting Chapmantown when the city could be working with the county. At some time, the city and county will have to realize-that Chapmantown will have to be annexed to save money. The city is not really interested in annexing this area as it does not have much in the way of a tax base and there is a need for services. Chapmantown is suffering from heavy speculation with apartments going up without the proper fire and police protection. This area is low income open zoning. He hoped the preapplication would be rewritten to include Chagmantown. Hearing closed to the public and confined to the Board. It was moved by Supervisor Wheeler, seconded by Supervisor Moseley that the preapplication for 1980-81 for HCD be approved for submission. Supervisor Dolan asked that the additional information be .sent to the Soard members. She knew there was a need for Chapmantown. She agreed that the number one priority is for the county to get the grant to do the housing program. She felt the problems in Chapmantown were so severe they must make every effort to get capital outlay for rehabilitation in the area. She wanted the county to get the grant and the county needs to go with E1 Medio. Vote on motion: AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke ABSENT: Supervisor Winston 1813 Motion carried. PUBLIC HEARING: DAVID WRIGHT AND DENNIS CHALLMAN - APPEAL OF SUBDIVISION VIOLATION COMMITTEE CONDITIONS FOR AP 56-24~-94 THROUGH 101, NORTHEAST CORNER OF HIGHWAY 32 AND HEADWATERS ROAD, FOREST RANCH AREA ' The public hearing on David Wright and Dennis Challman appeal of Subdivision Violation Committee conditions for AP 56-24~-94 through 101, northeast corner of Highway 32 and Headwaters Road, Forest Ranch area was h eld at this time. Clay Castleberry, public works director, set out the background of the appeal. This is not a subdivision in the true sense. It was created some years ago and was created under questionable circumstances. The determination was that the property either be put back into one ownership or a subdivision map be filed. The applicants have appealed the findings m ade by the Subdivision Violation Committee. They do not object to filing a map. They object to putting the improvements to Garland Road, which is two to three miles away. Everyone drives down Highway 32 and out the gate to Headwaters Road. Even if the road were-paved to Garland Road no one would use it. The applicants would like approval of not doing the improvements on the right-of-way. They have talked with the Caltrans people. The Board applied for a permit for an opening onto the highway. The condition is not practical. Caltrans could close the gate. The property owners have a legal deed out the back way. Mr. Castleberry stated that he and Mr. Nelson would like to address the Board after the hearing regarding the issue with Caltrans and development along Hwy 32. The applicant will improve the property to the entrance. The county has applied for and the state has asked for an environmental assessment for the opening. There could be a one-foot strip. This is approximately one and one-half miles to Forest Ranch. Hearing open to the public. Appearing: Russ Croninger, representing Mr. Wright and Challman. Mr. Croninger felt that Mr. Castleberry had set Page 335. November 6, 1979 November 6, 1979 79- out the appeal. The Subdivision Violation Committee sets the conditions ~ on the subdivision map. They are now appealing those conditions. They are not appealing the conditions on the map only the off site improvements. This would not go back to the Subdivision Review Committee. Hearing closed to the public and confined to the Board. On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, the appeal of David Wright and Dennis Challman of the Subdivision Violation Committee conditions for AP 56-24-94 through 101, northeast corner of Highway 32 and Headwaters Road, Forest Ranch area was upheld stipulating the findings of the subdivision map and this would be the upholding of the appeal of the off site improvements back to Garland Road. 1814 AUTHORIZE LETTER OF PROTEST TO STATE PARK AND RECREATION REGULATIONS RE: DAY USE FEE INCREASE TO GO INTO EFFECT ON JANUARY 1.'1980 Chairman Lemke stated that the State Department of Parks and Recreation have adopted new regulations effective January 1, 1980. These were signed by the Governor eliminating day boat passes for California State park system. There will be an increase in all day use fees. This is one of the most blatant circumventions of Proposition 13 and 4 that he had ever seen compounded by the state. This is an area that depends very heavily on the recreational facilities available, Recreation and tourism is part of Butte County's economy, but he is talking about the people who live in the area. The people will have to pay $2 per day to go to the lake to go fishing and will have to pay another $2 for-their boat. This will cost $4 to take a boat on the lake. If a person went once or twice a week this would be about $200 per year in fees that would be collected. He did not think there was any concern over the increase in the annual pass from $15 to $30, He felt this was a bad imposition of executive power that he has ever seen. On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried, a letter of protest to the State Department of Parks and Recreation regulations which will go into effect on January 1, 1980 as authorized with the letter to be sent to the Department of Parks and ~; Recreation, Governor Brown, Senator Johnson, Assemblyman Chappie, ssemblyman Statham and the other 57 counties by next week. RECESS: 12:30 p.m. RECONVENE: 2:37 p.m. SUPERVISOR WINS TON PRESENT AT THIS TIME j1815 TAL HEALTH PRESENTATION SET FOR DECEMBER 11 1979 The Mental Health Department presentation was set for December 11, 1979 at 11:15 a.m, for 45 minutes. ;1816 IRECT SCT TO BEGIN DEVELOPMENT OF FEASIBILITY STUDY FOR DATA PROCESSING SYSTEMS AND HARDWARE. Jim A1lsman, SCT representative, made a presentation to the oard. The plan as presented address several key. areas for long range eeds of Butte County. The primary areas of concern expressed by the sets are for a more up to date system. They have attempted to prepare statement of purpose in the main objective of the study. They will be oolong for more cost effective means to provide services. They were faced vet the last year with Proposition 13 changes to programs. Many of the urrent systems are in the batch mode. Many needs expressed have been equiring on-1i.ne np to date systems. The object of the study is to increase ost effectiveness. They will look at and identify what application of oftware company can be used for Butte County. Several weeks ago there Page 336. November 6, 1979 November 6, 1979 79- was a system identified for the property systems and the Auditor-Controller ~', in other counties that might be applicable. Some of the county department heads went to Shasta County. .The response to the review dealt with the technical capability of the transfer to Butte County. They would evaluate the feasibility of the transfer from Shasta County to Butte County, They would identify other alternatives. Univac have identified other systems. They want to examine the net result of the systems. Tn understaking the study they have identified several main assumptions. They will draw no preconclusions. This study will be dealing with collecting facts and presenting them to the Executive Committee. These will be for both short and long range plans. Mr. A1lsman stated that equipment up grades and other vendors may be considered for Butte County. They would like to give consideration to analysis of the outside computer users. The study will address the impact of operation in terms of continued feasibility or extension. They will be working on a day to day basis and make findings on a bi-weekly cycle. The key application areas for specific needs are the property system and the Auditor-Controller. zt may be necessary to provide cost accounting data in the very near-future. At the present time, the Auditor is on bookkeeping machines. There must be some type of automation. They will be taking a look at what role data processing will play and look at the three primary systems. There are about 1,000 to 1,200 programs in the major areas. Just to address the property financial and budgetary systems would not do justice to the county. Secondly, they must address the Welfare, Clerk-Recorder, Elections, criminal justice, outaide~users, Superintendent of Schools and payroll. ', There will be a project team composed of experts in the subject material and experts in data processing. This will be done by the management heads and the SCT management people. There are five key areas: 1. Auditor-Controller, Treasurer-Tax Collector and Assessor. This would include other government systems, welfare, CETA and payroll. They will have somewhere between nine to twelve people involved over the next several weeks. They will be dealing with users and hopefully will be attempting to respond to the cost benefits. This would be the preparation of the user requirements. Before they can do-an adequate analysis they would have to interview the department heads. There would be documentation of what the user's needs are. 2. Identify available alternatives. One of these is Shasta County and another is Univac. They would like to take the documentation and evalue the user's needs. That will be done in phase 2, 3. Perform comparative analysis of what is in the market place. They will look at areas that conforms to the users needs. They will estimate the cost per operations and potential cost savings and the level of documentation for those systems. 4. Technical ramifications of implementation. They will assure if a vendor is picked that they are a viable vendor. They will address the personal requirements. when leaving batch mode and going to on-line mode, there is more information and control allocated to the user. They would like to develop and cost estimate for conversion and implementation of equipment training and on-going costs. A report will be presented to the county with documented findings that address several areas of users requirements. This would include a hardware implementation as well. There would be budget projections. Page 337. November 6; 1979 November 6, 1979 _ _ _ 79. There will be short and long range plans for data processing, There will y, be a time frame of ten weeks for the study. The holidays have been taken into account with the time frame. Mr. Allsman set out what on-line meant. Tn the past, there was the batch system. This represents various programs submitted through key punching or manual forms. These are submitted to Data Processing who runs the information off and returns it to the department. The on-line system provides the same computer programs. The data processing terminals or CRTs are placed at the key users area. There would be the entering of data and requesting of data through the offices with very little paper movement back and forth. Chairman Lemke asked what the difference was between this study and the one that SCT was hired to do for $300,000. Mr. Allsman stated that in January SCT took over the computer facility in Butte County. At that time, they were responsible for personnel and bringing the center into stabilization in operation. There were 1,100 to .1,200 programs. They were not documented and there was very little information for operations. That process has taken ten months to complete. The documentation has been done. As of last month, they have completed or run every program in the county at least once. At this point in time, it is now their function to look to continuing to maintain the viable operation and look at new operations. Addressing the time factor, it will be 18 to 36 months before all systems can be implemented. They are requesting that the county fund a minimal amount of money for travel at a cost of about ', $4,000. This could be handled, rather than paying for expenses, by deducting man months from the contract. Clif Mickelson, administrative officer, stated that the Board has a contract with SCT for 864 man months. He has been well aware that SCT has been over dedicating man months to try to clean up the mess the county had. There were hundreds of programs that were not converted. There could be an overexpenditure for this purpose, which would probably equal a couple of man months. It is a question of timeliness and if the Board wanted to say that in the contract they anticipated these things should be done. The department heads have said the need is so critical that action must be taken now. The Board could authorize the over expenditure of the man months to meet the program we need right now. Jim Johansen, auditor, felt that all of the Executive Committee including the Assessor and Treasurer were in favor of pursuing the Shasta County program immediately. He had additional concerns besides the property system, which he agreed should be pursued. He was looking at July 1, 1980 and the impact of the Spirit of 13, Proposition 4, and cost accounting they will be faced with. The current system is cumbersome. The system would go a long way in reducing future personnel costs. Mr, Allsman stated that their company has been involved with implementing financial systems in five California caunties. They would hope to have some indication as to what is available, how long it would take, and what type of conversion is necessary by January 14, 1980. Chairman Lemke stated that data processing has been going on for at least 15 years and the county is still studying what is wrong with it. Without a daubt, the county is not making money on outside users unless things have changed in the last ten months. The county may be holding their own with implementation of management systems. The county is no longer in a position to give away services and cannot afford to lose money on it. Butte College is the largest outside user. Two years ago they started Page 338. November 6, 1979 November 6, 1979 79-: ~5 looking for a different vendor to put in their own system. He would like for the study to include the costs or expenses of where the county comes off with outside users. He had in the back of his mind dumping all of them. He would rather be the one to terminate the contract than have the outside user pull out on their own. tie expected that the feasibility study would be done with the object of serving Butte County period. The county has lost money consistently with outside users. Supervisor Winston questioned Mr. Mattingly about the difference between the old system and working with SCT. Jim Mattingly stated that there had been enormous improvement in ten months. This is internally and the Board would never see it. The organization has changed. The staff has been stabilized. It has been a much better environment to accomplish progress. The approach today is a group approach. This ends up with better production. He did not feel they were where they could be. The good jobs never make the paper, only the one that is wrong. Mr. Johansen can speak to what has been done for him. Maybe a newsletter should be published so that people will know what they are doing. The contact has been better with the users than it was in the past. Today, they make double effort to-make sure they talk to the user. Supervisor Wheeler stated that a strong users committee has been formed. She felt they had reached the point of maintenance. They can see light at the end of the tunnel. She suggested the Board approve the study. Mr. Mickelson set out the proposals for the study that had been received by the county. Supervisor Wheeler stated that she, Mr. Mickelson and Mr. Hampton have made many trips to visit users to see what their needs were. There is a very active executive committee and users committee. The users have been able to go to the management of SCT and they deal with the problems and find solutions. Tt was moved by Supervisor Wheeler, seconded by Supervisor Winston that SCT be directed to begin the development of a feasibility study for data processing systems and hardware as per Jim Allsman, SCT presentation proposal dated November 6, 1979 that the Board has, allowing for a ten week period to conduct the study; further that the contract administrator be directed to negotiate $4,000 per diem travel cost not to exceed two man months within the confines of the existing contractual agreement and further SCT to provide progress report that is to be submitted to the executve committee every two weeks with copies supplied to the Board of Supervisors. Supervisor Moseley did not feel that this study sounded a great ~eai different than what she heard two years ago before SCT began operation, She was under the impression that SCT was going to solve the problems. She Sid not like what she was hearing. She thought they were going to do something and now the company is back telling them the same thing as two years ago. Mr. Mickelson stated that this was quite a bit different, What the Board heard in the past was that the machinery was no good and they have to buy new machines and convert the programso The users were still never getting what they wanted. This proposal is saying the systems the county aas is bad and let's get some good systems. That might mean they would lave to go with different equipment. The problem with the proposal submitted by Sierra Systems for on-line systems was that the county Page 339. November 6, 1979 79- a! November 6, 1979 would have to completely revamp their system and everything would go to San Diego. What they are considering at this time, would give the department complete control in the office. At the present time, the person would have to call Data Processing and there would have to be people in the office go through and pull out what they wanted changed and sent the information out to the center to be key punched and wait for the return of the product. The $4,000 would be new. It will cost time and money for systems that will wark for the county. Supervisor Wheeler stated that her motion included spending money out of the present contract using man hours. She has worked for over ten months with the data processing committeeo Her first concern is for the people of the county and she saw an advantage to the people of the county when this study is culminated. She felt they would finally have direction to proceed. Supervisor Moseley cancurred with that. The county is not going to get it for nothing. She would go along with the study. The only reason she is going along with the study is because the $4,000 will come out of the man hours. Mr. Allsman stated that they are attempting to take 20 years of batch and turn it around. Mr. Nickelson stated that not everything would be changed, The main change would be the old property cycle. If there is no change, the county will be spending more moneyo Stan Monks, data processing, stated that the study wouldn't necessarily mean more moneyo There could be a cost savings. They would be improving the services and looking at the possible reductions of costs. The county will get better systems at minimum costs. In the Sheriff's Office they were able to reduce the cost from 170 per day to 60 per day. Supervisor Winston stated that when the Board was considering the contract that the only reason the data processing center is there is to provide more information at less cost. He hoped that as a result of the contract and the study they will obtain a system that will work and provide information economically and efficiently. Supervisor Wheeler invited Supervisor Moseley to attend the Data Professing Executive Committee meeting on November 19, 1979 at 10:00 a.m. She also invited all the Board members to attend the meeting. Nr. Allsman stated that because of the sincerity of SCT to perform for the county he would like to set the reservations of Supervisor Moseley at ease. The cost for the study if it is not satisfactory would result in no reduction in services by the company. Vote on motion: AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke NOES: None Motion carried, Page 340. November 6, 1979 November 6, 1979 7g-'1817 COMMUNICATIONS d ' Soy Scout Troop 26, Gridley. Larry McKibben, on behalf of Boy Scout Troop, requests permission to use the Gridley Library site for the purpose of Christmas tree sales. See motion following communications. Chico Community Memorial Hospital. Scott Kastner, M.D., writes on behalf of the hospital concerning the lass of communication capabilities of the Northern California Emergency Medical Care Council. To be considered with the revenue sharing requests; information; no action taken. Butte County Emergency Medical Services Committee. Richard H. Svihus, MoD., writes on behalf of the committee requesting reconsideration of the denial of funding for the Northern California Emergency Medical Care Council. To be considered with the reveue sharing ', requests; information; no action taken. Connerly & Associates, Inc., Sacramento. Mr. Connerly writes providing information as to the funding status of the E1 Medio drainage project. Information; no action taken, William Penn Mott, Jr., Sacramento. Mr. Mott, chairman of the Cal Expo Master Plan Task Force, requests Board of Supervisors comments and suggestions on the development of a master plan for the Cal Expo facility. Referred to Agricultural Advisory Committee. Ray Johnson, State Senator, Senator Johnson writes regarding his opposition to AB 681 which is related to agricultural burning. Information; no action taken. Durham Irrigation District. The district writes requesting that Willis R. Smith be reappointed Director of Division 2 and Martin J. Zinniel be reappointed Director of Division 3 as there were no nominees filing for those positions. Referred to Counsel for report back on November 13, 1979. R, A, Schott, Paradise. Mr. Schott appeals the Planning Commission denial of negative declaration and rezone from "A-2 Ltd" and "R-1" (Single family residential) to "C-2" (general commercial) property located on the west side of Lucky John Road, approximately 400 feet north of Skyway, identified as AP 52-012-52 (portion), Paradise and asks that the hearing be scheduled after Aecember 11, 1979. Set for hearing December 18, 1979 at 10:15 a.m. ';:1818 GRANT PERMISSION FOR BOY SCOUT TROOP 26 OF GRTDLEX TO USE GRIDLEY LIBRARY SITE FOR CHRISTMAS TREE SALES On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, Boy Scout Troop 26 of Gridley was granted permission to use the Gridley Library site for the purpose of Christmas tree sales. ';1819 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Moseley asked that the matter of the surplus equipment be put on the agenda at a later date. Chairman Lemke set out correspondence received by the Board: Letter from James Hurst, Butte County Veterans Council, thanking the Board for the veterans buildings remaining open. Letter from Office of Planning and Research asking for people interested in serving as Sierra°Foothill project manager. Referred to ersonnel for posting. Page 341. November 6, 1979 79- ~, 182 0 November 5, 1979 Administrative Officer to advise Northern California Supervisors Association that Supervisor Wheeler and Chairman Lemke will be attending breakfast on November 16, 1979. Letter from National Association of Counties Research, inc. on energy conservation project. Referred to Public Works. RECESS: 3:48 p.m. RECONVENE: 4:00 p.m. APPROVE 5UPERVISORIAL DISTRICT REAPPORTIONMENT IN ACCORDANCE WITH MAP 1 It was moved by Supervisor Dolan, seconded by Supervisor Moseley that the discussion of the supervisorial district reapportionment be tabled until 1981 or the later part of 1980. Chairman Lemke stated that he was concerned about next year s election. It would affect three districts. It will make a big difference to those people in Chapmantown serviced by the 5th District and those people in Paradise serviced by the 1st District. Supervisor Moseley stated that this was discussed two years ago. She felt the people should be contacted. Vote on motion: AXES: Supervisors Dolan and Moseley NOES: Supervisors Wheeler, Winston and Chairman Lemke Motion fails. Supervisor Winston stated that he was aware of the difficulties encountered. He felt the situation would take care of itself. The post cards are sent as a courtesy. E~.e has operated in a split district. He receives a great many calls from Paradise and has taken care of them. It was moved by Supervisor Winston, seconded by Supervisor Wheeler that the supervisorial districts be reapportioned in accordance with Map 1. Discussion of the location of the 4th District held at this time. Gerald Lively, deputy administrative officer, stated that the northern line would be the city limit and Big Chico Creek. Supervisor Dolan stated that Counsel has advised the Board they are not obligated to redistrict. She requested that this not be done until the census is taken. If the census shows substantial changes then this will have to be done again. Vote on motion: AYES.:. Supervisors Wheeler, Winston and Chairman Lemke NOES: Supervisors Dolan and Moseley Motion carried. ADJOURNMENT There being nothing further before the Board at this time, the meeting was adjourned at 4:10 p.m. to reconvene on Tuesday, ovember 13, 1979 at 9:00 a.m. ATTEST: CLARK A. NEL50N, COUNTY CLERK- ~_ RECORDER and ex-officio Clerk __~„___XXX~j~~~ the Bga~{r/d f Supervisors Chairman, Boar of Supervisors By ~ Page 342. November 6, 1979