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HomeMy WebLinkAboutM110976., ~"' November 9, 1976 STATE OF CALIFO]?STIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met et 9:00 a.m. pursuant to ad,iournment. Present: Supervisors Ladd, Madigan, lyAclCillop, Richter and Chairman Cameron. Clif Mickelson, Caunry Administrative Officer, Sim Griffith, Deputy County Counsel, and Clark A. hi:lson, County Clerk, by Mangie Catt, Clerk of the Board. Pledge of allegiance to the Flag of the United States of America 76-19~,l- APPROVAL OF MINUTES On motion of Superrrisor McKilEop, seconded by Supervisor Madigan and unanimously carried, the minutes of November 2, 1976 were approved as mailed. 76-1922 COMMUNIGATIONS McCain & Associates, Chico. The Engineers, on behalf of Doa A. Lee Wilson, appeal the Planning Commission's determination that EIR be requred for the proposed Shasta Vill Subdivision on the•north aide of ~~ ~ , 8 S~ Shasta Avenue,•between Bay Avenue and the Esplanade in Chico. Set for hearing on December 7, 1976 at 10:30 a.m. Edward Ball, Marysville. Mr. Ha 11 aubmits~commeats concerning the proposed ~ 0 ~ ~ O subdivision improvement standards. Clay Castleberry, Director of Public Works, explained comments. Felt this was a good letter. Eleanor Sameulson, Richvale. Mra. Samuelson writes concerning the Sighway 99 ~1.~ p road crossing leading toward Richvale and ditch maintenance. Referred to Clay Castleberry,; Director of Public Works. Lugene Breaeel, Paradise. Mr. Breasel writes in opposition to renewal of the use permit for Walter L. sad Eleanor Zahnd for the operation 3 ~ Q o£ a group home in Yaradiae. To be discussed during public hearing on this matter. Evelyn McKean, Magalia. Mrs. McKean submits comments concerning various ~ O I Q ~ road conditions within the Paradise and upger ridge areas. Letter has been handled by Mr. Castleberry. Gary Hart, Chicv. Mr. HarC, representing De ja-Vu Mining Co., inc., requests clarification of a recent rezone in Chico concerning operations of f / Zj,Q d a restaurant at 3517 Esplanade. Supervisor Riehter stated he had called CpomuntyC~ounsel about this matter. Mr. Hart will be written a letter informing Friends o~Bu~te'Coua~y°rd~-aeco~gan~.4iar~{~~n ~~~si~~~s~cQ~r~i~g the atipulatioa agreed upon between the County and the Attorney General with regard to the extension far preparation of missing elements to the General 1 j 3 .a ~ Plan. Referred ro Gounty Gounse) and Planning Commission with request that they evaluate the letter. Supervisor Ladd asked if Friends of Butte County had been registered as a fictitious name. Suggested that the matter be referred to District Attorney; no action taken. Eddie Booth, Chairman-:Pianning and Liason Committee-Chico Area I~creation and Park District, inquests that Board of Supervisors support allocating up . S ~ ro X5,000 of Butte County`s Fish and Game Commission funds for the ~ O purpose of dredging the Access Channel to subject boat romp (Bidwell River Park Boat Ramp). Read and discussed. Gene Mercer, Secretary of Butte County Fish and Game Commission stated he had contacted County Counsel and Fish and Gamp gerr~i~sianers and they had no objection ro the use November 9, 1976 / ~ r~ /~ 3~ ~~~ rr ~r~ r, November 9, 1976 a c a m m c m m a a w s a c a m a c m o c m a c c a o m a c m v r a n e of funds for this purpose. Use of funds explained. Chico Area Recreation and Park District does not have many facilities at this location. Felt that sanitary facilities should be placed at this location. See motion following common ications. ElDarado County. Resolution supporting an initiative program for immediate property da tax relief and for constitutional amendments that will provide for permanent protect€on of property tax sources for property related services. Copies to be sent to Board members. Residents of Chico. They write calling Board's to rezoning action by City of Chico Council at 1603 Chico River It~ad, at the West boundary of the Chico City limits. Read and discussed. Supervisor Richter stated that these people are ~ ~ asking County Counsel to determine whether Chico can circumvent their own General Plan. An article published in Chico Enterprise read by Supervisor Richter. Letter referred to Counly Counsel and with a request that County Counsel determine if the City of Chico can circumvent their General Pian and to determine whether the County residents should be notified of any City rezonings. Wm. A. Weinreich. Request action on Assessor's Parcel No. 44-44-29. Referred ~ . ~ 5.~ Z, to Planning and to County Counsel to determine if it complies with the agree- ment with Attorney General. Friends of Butte County. Reply of request made by Daniel Blacksfock, County Counsel, to William Briggs, lawyer for Friends of Butte County. This is in reference 3 .0 0 to various activities now going on in the area of planning. Letter to be held until the 2:00 p.m. hearing. Mr. A. B. Chabot. f~quest for refund of X50.00 for variance permit as action ~.~ ~ was never completed. Letter to be held until Mr. Lawson is present. 761923 APPROVE REQUEST OF CHICO AREA RECREATION AND PARK DISTRICT: USE OF FISH ~ GAME FUNDS It was moved y Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, that it was the intent of this Board to approve the request of Chico Area Recreation and Park District for use of Butte County Fish and Game Commission funds for the purpose of dredging the access ehannnel to Bidwell River park Boat Ramp, contingent that CARD cooperates by putting in sanitary facilities ct this location. 76-1924 NOTICE OF INTENT TO TERMINATE MEMBERSHIP IN EMERGENCY MEDICAL CARE COUNCIL Supervisor Madigan commented on the notice of meeting to be held in Chico on Saturday, November 13, (976 by the Northern Colifomia Emergency Medical Care Council. He explained the matter of base rates; it is proposed that the rates be based on a population basis. Matter discussed. It was moved by Supervisor Madigan, seconded by Supervisor McKillop and unanimously carried, that a notice of intention to terminate membership in the Emergenry Medical Care Council be written and that further action be taken after the first of the• year when there will be new members on the Board of Supervisors. Chairman Cameron felt that Supervisor Madigan should attend the meeting this Saturday and present the letter of intent. 76-1925 MATTER PRESENTED BY SUPERVISOR RICHTER: PROBLEM WITH MAILBOX DELIVERIES INCHICO " Supervisor ~c ter reported on a problem relating to mail boxes in new development in Chico area. The property owners have been told by the Post Office Page 275 November 9, 1976 ~ ~"~ November 9, 197b s s s s s s e m s s s s a a s s s t s e o a o a a m¢¢ a¢ s d m s a that they will not deliver their mail unless the mailbox extends over the sidewalk and curbs. A group of letters relating to this matter has been given ro Supervisor Richter; he feels that the problem is incredible. Clay Castleberry, Director of Public Works, stated that the Post Office shares the concern of the county. The bcal mail workers have told him that they are going to Washington to see if the cluster mailboxes would be acceptable for use. They hope that the situation can be worked out satisfactorily. Supervisor Richter felt that someone from Marysville should come up and talk to the County about this situation. It was suggested that Mr. Castleberry write a letter to our two Senators to see if something could be done about the problem. Maybe they could clarify the matter. On motion of Supervisor Richter, seconded by Supervisor MclCillop and unanimously carried, Director of Public Works was requested to write a letter to the two Senators representing Butte County asking them to help in the problem of mailboxes in this County. 76-1926 APPROVE APPOINTMENT TO FILL VACANCY ON MANPOWER PLANNING COUNCI Supervisor La d commence on t resignation of Gus Gare as a mem r of Manpower Planning Council. They have recommended that Jim Smith be appointed to fill the vacancy. On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, Jim Smith was appointed to fill the vacancy created by resignation of Gus Gore on the Manpower Planning Council. 76-1927 MATTERS PRESENTED BY SUPERVISOR LADD Supervisor La state tat Gene Mercer had told h im that the appointmen# to the f=ish and Game Commission of Frank J~lolder had not been acknowledged to the Commission by this Board. Notificotion of the appointment will be sent to the Butte County Fi~sli and Game Commission. Supervisor Ladd stated ithat in talking to the Sheriff's Department last week, they told him that they had not received direction from the Board about the finding of the culpeis~ damaging the transfer stations and the authority to use extra help funds in this matter. Mr. Castleberry will send this information to them right away. 7b-1928 APPROVE HOUSING AND COMMUNITY DEVELOPMENT PARTICIPANT LOAN APPLICATION T- i~ Loan Advisory Committee has proposed loan terms on a HCi) participation land application. Supervisor Ladd felt that a policy should 6e written into the loan that the income of the borrower be reviewed ~ every trw years. Loan discussed. It was suggested that the ra#es that the Farm Home Administration use be looked into. On motion of Supervisor Ladd, seconded by Supervisor'McKillop and unanimously carried, the Housing and Community Development Participant Loan opplication was approved as submitted. 76-1929 APPROVE HOUSING AND COMMUNITY DEVELOPMENT REHABILITATION PROJECT CONTRACTS AND AGREEMENT T e contracts an agreements necessa~y for the HCD rehabilitation project have been prepared and are ready for signatures by the owners, contractors and the authorized county representative. Clif Mickelson, Administrative Officer, said they Page 276 November 9, 1976 ~ ~, November 9, 197b a c x m a a a ~a a a n a a a a m a a a a s a s a a m m a a a s a a s a a were asking for two things at this time: (I} Board to approve the documents as ro form. (2) Board to authorize the Administrative Officer to execute the contracts with the contractors and people involved. The loans will be reviewed every two years. Interest escallation clause discussed. It was stated that if the property was sold, the loan is due and payable. On motion of Supervisor Ladd, seconded by Supervisor Richter and unanimously carried, contracts and agreements for the Housing and Community Development Rehabilitation Project were approved; County Administrative Officer to (a) sign contracts with owners and contrnctors participating in the HCD rehabilitation project, and (b) approve progress payments, with the direction that the farms be sent out to Board members , wi#h a possible revision following the review of the forms and that County Counsel approve the forms. 930 pISCUSSION: RE-EVALUATION OF BID-COMPACT PICKUP TRUCKS T e i approve y t a ast wee as en re-eva uate and the apparent low bidder, hlobbie Chevrolet, failed to meet the minimum specifics#ions. The next low bidder, Toyota of Chico, fully meets specifications and their unit cost is $117 higher. Bids discussed. District Attorney's displeasure with the manner that the board funded his budget discussed. These vehicles are for the District Attorney's office. Supervisor McKillop felt the Board should discuss this matter with the D.A. prior to taking action. Award of bid put over two weeks. 931 AUTHORIZE PURCHASE OF FURNITURE FOR BIGGS JUSTICE COURT Wit rem a ing of aci hies to accommo ate t Biggs Justice Court, an additional 32 chairs for jurors and spectators are needed. Appropriate stacking type chairs with padded seats are available at a cost of $1,120 including tax. On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, purchase of chairs for Biggs Justice Court authorized and Auditor was directed to prepare budget transfer with funding coming from the reserve. 932 AP.~RDVE BUDGET TRANSFERS B get transfers iscusse B-3 explained by Bill Lawrence, County Auditor. Supervisor Ladd requested that Jim Rackerby explain B-2; Mr, Rackerby stated that this was a modification that the Board approved last June. On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried, the following budget transfers were approved: ' of a-2 Supplemental Manpower Program. This transfer allocates $1,327,560 federal aid Co CETA TLtLe II PSE for subgrants through January, 1977 in :ordance with the report made to the Board of Supervisors on May 25, 1976. B-3 County Service Area No, 26, Within the Phase I project transfers $1 900 to atructuras, with $LLl~i2 coming from Administration, $281.70 coming fr m engineering services, and $1,506.$8 from other reserves. Within Phase II of the project transfers $83,7$9.39 from the reserve far.continr~encies to st uctures. Purpose of this transfer is to make the necessary budget appropriate ti n transfers pursuant Co the request of the Thermalito Irrigation District Bo rd of Directors. Rage 277 November 9, 1976 ~"", ~`". November 9, 1976 a c c= a t e s a e e a a r s A e c® c e .¢ a a e a a a a a a a a a c a B-4 Count Service Area No. 26 - Phase II. This transfer sets up an ad itional Phase IL budget appropriation based soon program estimates and revenue sources and bas been approved by the Thermalito Irrigation District Board on August 19, 1976. Revenue sources are FHA bond loan, $89,000 and FHA grant, $22,600. Budget is comprised of engineering, $10,300; Legal counsel, $1,700; fir~aneial consultant, S1.600; bond counsel, $900; administration, $2,000: contri- bu ions to SCORE, $272,10D; construction, $77,000; reserve far contingencies, $3,,000; and right-of-way, $3,000. Total budget appropriation is .$371,600. B-5 Count Service Area No. 26 - Phase II. Transfers $6,000 to maintenance ctures, improvements, grounds; $4,100 to engineering services and $4,500 to pment; with funding coming from clothing and personal supplies, $100.27; ellaneous expenses, $600: small tools and instruments, $38.76; and appropriation contingencies, $13,860.97. 5-11 Mental Health -Detoxification Canter. Transfers $20 from professional specialized services in memberships in order to establish and appropriation for ership dues for alcohol administrator. B-14 Auditor-Controller. Transfers $1,306.58 to employee benefits within Biggs Justice Court, and $2,727.68 to employee benefits within the Board of Supervisors bu~get with a total of $4,034.26 coming from the reserve. Purpose of the transfer is to cover PERS billings for the County's contribution for retroactive entry of .fudge Ha cock and Supervisor Ladd to the retirement system. 8-15 Veterans Memorial Hall. Transfers $6,852.48 from Structures artd improve- ts to major maintenance in order ~o ceclassify the appropriation as reroofing, ch should not have been classi£led ss e•flxed asset charge. 6-1933 PUBLIC HEARING: WALTER ~ ELEANORZAHND, PARADISE; REAPPLICATION OF USE PERMIT FOR GROLiP HOME AT 989 WAGSTAFF ROAD PARADISE T e pu is aring on a Wa ter an E eanor Za nd, Paradise on their reapplication of use permit for group home at 9$3 Wagsfaff Road, Paradise, was held at this time. Supervisor Ladd commented that the cameras and other state property was once again setup for use. He said it seems quite clear to him that this is a misuse of public funds for Mr. Zahnd ro use the State property ro record his own proceeding. He moved that this matter be referred to the District Attorney and Grand Jury for investigation. Notion died far lack of a second. Hearing opened to the public. Mr. Walter Zahnd, applicant, stated that the video equipment is from Chico State University and use of the equipment was granted by his superiors. They endorse and encourage him ro video tape these type meetings for use in his class. Some of the other faculty have used this equipment as an educational tool. Supervisor Richter stated that it is one thing for someone ro come in and film this for educational purposes but it Is another thing when this person has a vested interest. It is his feeling that someone in authority misused his authority in the allowing of the use of this equipment. This is bad judgment. Supervisor Ladd said he would like ro know who this person is that allowed this use. Mr. Lawson stated that the Board had a memo from the zoning inspector. It states that the Zahnds have complied with all the conditions. Supervisor Ladd stated that letters have been received stating that the girls are being bussed from #his location. They were bussing the girls for soma four months after the use permit was granted. ]'his was in violation of the use permit. Page 278 November 9, 1976 ~ ~ November 9, 1976 a m= a e m a== m m c a c m m m m r=¢ m a s o e m m r a e m e c m m unanimously carried, the appeal of the denial of the use permit to allow Gem Neon Signs to place a sign 42 ft. from the centerline of Skyway was upheld, use permit to place the sign 42 ft. from the centerline of Skyway, on the northeast comerof Skywway and Olive Street, Paradise, subject to Director of Public Works' approval of the placing of the sign, from the standpoint of safety was approved. RECESS: 10;5i} RECON°6iEIW1ED: i1:E15 76-1935 .'IiEARING:,~REQUEST FOR VARIANCE TO SECTION 19-10 and 19-12 OF COUNTY CODE-MARY J. RIDER-JOHN T. KENNEY TO PLACE MOBILE HOME ON PROPERTY LOCATED AT 1921 PALERMO ROAD T pu ie wring on t request for variance to Section E9-10 and 19-12 of the County Code for Mary J. Rider and John T. Kennedy~~ to place a mobile home on property bcated at 1921 Palermo Road was held as advertised. Howard Toussaint, County Health Department, stated that this has been approved by the Health Department. Hearing opened to the public. Appearing: Mary J. Rider. Mrs. Rider set out her justification far the variance. Hearing dosed to the public and confined to the Board. On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, variance to Section 19-10 and 19-l2 of the County Code was approved for Mary J. Rider and aohn T. Kennedy to place a mobile home on property located at 1921 Palermo Road, for a period of one year. 76-1936 AWARDS FOR SERVICE: (976 INFLUENZA PROGRAM Dr. Svi us, Heat Director, presente a awards for service on a volunteer basis for the Swine Flu operation. He commented on the skill and dedication of the skilled volunteers. These volunteers helped to recruit other volunteers. He said that a true value could not be placed on these services of the volunteer workers. The news media, also, was a great help. Margaret Howland was in charge of this program; the program was organized very smoothly. AN~ards were presented to the volunteers from Paradise, Chico, Biggs, Stirling City, Gridley and Oroville. The award for Butte-Glenn Medical Society was accepted by Mrs. Ikes . The Board thanked ali the volunteers for their time and efforts. 76-1937 ADOPT RESOLUTION 76-i76 OF APPRECIATION TO WELFARE DEPARTMENT EMPLOYEES On motion o Supervisor Lad ,seconded y Supervisor Madigan, and unanimously carried, Resolution 76-176 appreciation to Welfare Department employees was adopted and the Chairman authorized to sign. 76-1938 APPEARANCE: MR. GENE RINGEL Gene Ringo , C ico, spo a concerning the Attorney General's suit which places afour-month moratorium on building sites. It now looks like it will be more like 9-months rather than 4-months before the moratorium is lifted. This is due to the fact that there are 4 elements mtssfng From the General Plan. Due to the non-adoption of these 4 elements development has been stopped in'this County. Mr. Ringel stated that they have about 15 (obs in tha shop that have been stopped 6y this moratorium and there will be 2 or 3 employees in the shop that will have to be laid off. Page 280 _, November 9, 1976 r ~. November 9, 1976 m a n a s c a m r+ m a m m a as m s m m s .r .. a R a m~ e m m a a a a a a Appearing: I . John Huston, Wagstaff, who lives next door to the Zahnds operation on Wagstaff. Stated there was still bussing of the girls from this location. Boys visit the gins and park on other people's property. 2. Walter Zahnd. He requested the Board remove the~:yearly review and the bussing conditions from his use permit. They have put in additional parking spaces. He felt the yearly review is unusually and that others are not required to have the review. Mr. Lawson read the conditions set out in the Use Permit. Unless the operator had a license, it is against the iaw to operate a schoo) at this location. Supervisor Ladd s#ahed that Mr. Zahnd had ignored this condition; he remodeled the home without a building permit and started to operate the home prior to receiving the use permit. It was the intent of this Board that there be no bussing to this property. Time spent discussing the use permit and action that could be taken. Supervisor Richter stated he would like the views of public Works and the Planning Department about the Wagstaff property. Is there addi#ional parking now: Some staff personnel should go to the property, study the situation and then report back with a (udgment recommendation. The backing out onto the street should be looked at; the road is a narrow road and the rise on it could be a problem for visibility. Hearing continued lu November 23, 1976 at 10:30 a.m. and someone from Public Works will go out and review the matter of the parking and egress and ingress. County Counsel will also report on the matter. 934 PUBLI4C HEARING: GEM NEON 516N5~APPEAL OF PLANNING COMMISSION'S DENIAL OF USE PERMIT TO ALLOW A SIGN 42 FT. FROMCENTERLINE OF SKYW~4(, ON NORTHEAST CORNER OF SKYWAY & OLIVE STREET, PARADISE: APPEAL UPHELD Publ is hearing on the Gem Neon Signs appe7 of~]annmg omm ss on s enial of a use permit to allow a sign 42 ft. from the centerline of Skyway, on the northeast comer of Skyway $Olive Street, Paradise, was held of this time. Mr. Lawson set aut the background of this matter, hearing opened to the public. Appearing: I. Chet Rotford and Garl puffy, to explain the appeal. AI I other signs on the streets have been granted their variances. Purpose of the sign explained. He stated that Public Works had recommended denial of the variance for the sign. Location of the placement of the sign set out. Clay Castleberry, Director of Public Works, stated that in the past they have recommended approval of signs with the 42' from the centerline of the roads. This particular sign does not appear to 6e much of a problem if it is placed between the trees. The sign will be back of the sidewalk ores. Site clearance is Mr. Castleberry `s concern. If the sign can be kept in back of the tree and behind the sidewalk area, it will not be blocking the view. Inquest for variance for placement of the sign discussed. On motion of SupeJrvisor Richter, seconded by Supervisor Madigan and Page 279. November 9, 1976 ~ _ ~ November 9, 1976 m m= c c c= m= w a c w w w w c w m w m m m= a m m o=_ .r == c c c Each employers picture is the same. If the stipulation runs its course, there will ba about 15 people laid off. About 200 jabs will be held up. Mr. Ringel said that about 20 engineers and surveyers will lose their jobs; this is just the first group that will be affected. All groups of employees will he affected if the moritorium continues. People building septic tanks, curbs and gutters, etc. ~,~ill:all be affected by this moritorium. Supervisor Richter stated ha would like to hear all that Mr. Ringel had Fo say about this situation. Supervisor Ladd agreed that too few people have any idea how far-reaching this moratorium will be. Ak. Ringel felt that the esFimated affect on the economy of the County could easily go up io one-fourth of a million dollars each month, during the period of the moritorium. The accumulative affect will be a hardship on the whole county. A logical course of action must b$ adopted. Mr. Ringel asked or suggested that the ~13oard send County Counsel back to request that the stipulation be reropened and give Planning Commission the power or the right to flag down the developments that would affect the area. Supervisor Richter said he has seen this situation from all sides. The Board has taken action io correct all wrongs involved. He feels that the acts of the City of Chico and Friends of Butte County are wrong. The County-is going to have to go down to the Attomey General, along with representatives of other interested organizations, and request help in this matter. City of Chico wanted the whole thing reviewed, they did nor want to compromise. Chairman Cameron said the Board was insagreement with whit Mr. Ringel had stated. There are people that are willing to go to Sacramento Io the Governor and Attomey General and express their views to rectify the situation. It was suggested that County Counsel have a conference with Mr. King and the other agencies ro see if something can be done. A group of people could be organized to go to Sacramento with announced intention to have an appointment with the Attomey General to discuss what has been done and make their views felt. Supervisor Ladd atated that Buttes County has been singled out to cruci'Fy. If the Attomey General is going to Fake this position, he should apply the law to every entity within the State. Supervisor Ladd felt this moratorium should be lifted or it should be applied uniformly throughout the State. Supervisor Richter stated that the working people are taking this through the nose and these people should go to Sacramento and make their views known. 2. Mr. Gary Lippincott, Lippincott Survey, Paradise, staled he was looking at this in a different view point than hk. Ringel. He is looking with concern at the future. He sees the possible demise of everything ha has worked for For the past 16 years. Mr. Lippincott requested that the Board wank as swiftly as possible to handle this matter. There is an agreement with the Attorney Genera! far some action on the maps. Conditions are that a subdivision or land division can go ahead provided that it covers less Fhan 10 acres and that is is consistent with the General Plan; and that there is a hardship involved. At this time, there is no one that can say what a hardship really is. JV1r. Lippincott explained his problem with this Attorney General's Stipulation. He explained the problems that he is facing in this holding up of the processing of parcel maps. Last year there were about b50 new lots created in Butte County; there were 560 mobile homes put in; there ware 1200 residential permits issued. Page •281 November 9, 1976 November 9, 1976 r m w m c r w m w w m r w r m m r e w w r m w m m v m r r w w w r Mr. Lippincott requested that the Board bring the General Plan into conformance so they can gat on with the business at hand. 3. Cal Bachman of Bachman Engineers, stated he endorsed the statements made by Mr. Ringel. He commented on the maps approved prior to the stipulation with the Attorney General; the owners have done the necessary work, but the maps are lust sitting there. They have expended their money but are now told that they cannot sign the map. Development has been shot down. He requested that County Counsel go back and request that the stipulation be opened with Attorney General. Suggested that the citizens should go down . ~ mass ro Attorney General's office and present to him what has been said to the Board today. They should also go ro the City of Chico Council meetings setting out the facts. 7b-1939 APPEARANCE: MRS. PALMER-OPERATOR OF CREST REST HOME s. Pa mer questions t e Board a out t e of ice o Pu is Guardian. County Counsel explained his functions. Responsibility of Public Guardian set out. Mrs. Palmer asked what right the Public Guardian had to place someone under a public guardian. The law required that the person should be notified if he is to be placed under a public guardian. Mr. bhnson, a resident at her home, was taken ro the courtroom, hewer not informed why he was taken infix court, but he was placed under the Public Guardian. He had money in a checking account and also in a savings account. These funds have been talfen from him. Mrs. Palmer set out facts relating to this man and the public guardian. Mr. Mickelson wilt set up a meeting with County Counsel and the public guardian to discuss the matter. 76-1940 DISCUSSION: MATTERS PRESENTED BY MR. RINGEL 5upervrsor AAa igan sar a wou i e to go ac and discuss the matter presented by Mr. Ringel. He felt an appointment should be requested with Mr, Younger, the Attamey General, and interested parties. Mr. Mickelson will call and set up an appointment and as many people as possible will attend said meeting. In the meantime, Mr. Ringel, Mr. Lippincott, Mr. Bachman, and other interested parties should attend the Chico City Council meeting and made a similar presentatian to them, setting out how this moritorium is affecting them and other businesses throughout the county. RECESS: 12:05 RECONVENED: 1:30 p.m. 7b-1941 CONTINUE PUBLIC HEARINGS TO DECEMBER 7, f976 at 1:30 P.M. T e o owing pu is earings were continued to Decem r 7, 976 at 1:30 p.m.: I. Butte Tallow Co. -rezone from "A-2" (General} to "M-2" (heavy industrial) property on the northeast corner of Shipper Ibad and Hwy. 99E, approximately B miles northwest of Oroville, Page 2 B2 November 9. 1976 f 'r ~. November 9, 1976 c c c c p c p c c c c c~ c o c c r a c c c c c c w c p a c c c c c c c 2. Casa De Flores Mobile Rome Park - rezone from "R-4" (Maximum Density Resideatial)~ "R-2" (Duplex Residential) & "it 1" (Single-Family Residential) to "NIIiP" (Mobile Home Park) property on the south side of Lassen Avenue at Morsemen Avenue, containing 12 acres, more or leas, Chico. 3. Robert J. Dubose - appeal of Planning Commission's denial of rezoning from "S-R" (Suburban-Residential} to "C-2" (General Commercial) property on the southwest aide of Hwy. 32, approximately 1/4 mile southeast of Lindo Channel, containing 2 acres, more or less, Chico. 4. Lawrence W. Acheson - rezone from "R-1" (Single-Family Residential) to "C-2" (General Commercial) property on the south aide of • Elliott Road, approximately 400 feet west of Skyway, containing .57 acres, more ar lase, Paradise. 5. M. &. T. Incorporated - rezone from "A-2" (General) to "C-2" (General Commercial} property on the west side of Esplenade,•approximately 270 feet south of Dayton Road, containing 1.22 acres, more or leas, Chico. 6. 3ames Sorrell - appeal of Planning Commission's denial of rezoning from "R-l" (Single-Family Residential) to "R-1 A&C" (Single-Family Residential Arts end Crafts) property on the northwest c6rner of E. 1st Avenue and Terrace Drive, west of Mione Way, Containing .20 acres, more or less, Chico. 76-1942 CONTINUE PUBLIC HEARING: REQUEST FOR WITHDRAWAL FROM LAND CONSERVATION AGREEMENT - HAVES AND BUNCH. HEARING 'SET FOR DECE[~ffiER~_19~6 AT 2:00 P.M The public hearing on a request for withdrawal from Land Conservation Agreement - Hayes and Bunch is continued to December 7, 1976 at 2:00 p.m. 76-1943 ADOPT RESOLUTION 76-177: ABANDONMENT OF A PUBLIC DTiLITY EASEMENT ON LOTS 5, 6, 9, 11, 13, & 50, AS SHOWN ON THE SUBDIVISION ENTITLED CRESTMOOR ESTATES. UNI„~, NO,. 1. RICHARD CAMPLEMAN. ETAL. The public hearing on the Richard Campleman, etal request for abandonment of a public utility easement oa Lots 5, 6, 9, 11, 13, & 50, as ehawn on subdivision entitled Creatmaor Eatatea, Unit No. 1 was held as advertised. Hearing open to the public: Appearing: No one. Hearing- closed to the public and confined to the Board. On motion of Supervisor McRillop, seconded by Supervisor Richter and unanimously carried, Resolution 76-177, abandonment of a public utility easement on Lota 5, 6, 9, 11, 13, & 50, as shown on the avbdivison entitiled Crestmoor Estates, Uait No. 1, Richard Campleman, etal, was adopted sad the Chairman authorized to sign. 76-1944 RECONSIDERATION OF HAROLD E. RUBY TENTATIVE PARCEL MAP, AP 63-04-11, 2 LOTS, EAST OF SCHOTT ROAD, NORTHEAST OF FOREST RANCH CONTIi50ED'TO DECE[+lBER 14, 1976 AT 1:30 PAM = The reconsideration of the Harold E. Ruby tentative parcel map, AP 63-04-11, 2 lots, east of Schott Road, northeast of Forest Ranch was continued to December 14, 1976 at 1:30 p.m. 76-1945 DIRECT PERSONNEL TO PREPARE SALARY ORDINANCE AMENDMENT TO INCREASE HOURLY WAGE TO $2.50 PER HOUR FOR PART-TIME EBTRA HELP WELFARE~'EIOMEbNAI~R PROGRAM. On motion of Supervisor Richter, seconded by Supervisor McKillop and unanimously carried, Personnel is directed to prepare a salary ordinance amendment to increase the hourly wage Eor part-time extra help personnel in the ilelfare Homemaker Program to $2.50 par hour. „,,, I 'Page 283 November 9, 1976 ~ ~ November 9, 1976 a m C a C i C s O Y O m i a fl ~ R a a i m m i a Q a n i C C r i t. 1¢ m i .76>19bb• ~ AUTHORIZE RELEASE OF, CASK PERFORMANCE BOND SITE I2~ROVEMENT 244-SI-142 MAX McCAIG FAIR STREET CRICO AP 46-23-44 On motion of Supervisor Ladd, seconded by Supervisor Richter and unanimously carried, release of a cash per£otmance toad fox site improvement 244-SL-142 (Max McCaig,Bair 6treet, Chico) curb, gutter, sidewalk and ,paving for AP 4623-44 was authorized. ,_ __._ _ _ .. . ,__.._ __ •_. 76-1947. APPROVE GATE FEES FOR HEAD ROAD TO BE.,ROUNDED OFF TO THE NEAREST $.50 ~ASED•ON CAPACITY OF VEHICLES AND DROP BOXES. On motian~of Supervisor~Riclater, seconded by Supervisor Ladd and unanimously carried, gate feea~fnr Neal Road to be rounded off to the nearest $.50 bused on capacity of vehicles and drop boxes were approved. 76-1946 AUTHORIZE PURCHASE OF ADDITIONAL FIVE-GALLON PAINT SHARER AND TRANSFER OF $1.000 FROQ+I EQUIPMENT ACOUISTTION. On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, the purchase df an additional five-gallon paint shaker and a transfer of $1,000 from equipment acquisition was authorized. 76-1949 - ---- -- _ e ~. -t= ...... - -- ------ - _ 76-1950 DISCUSSION: 3UBDLVISION IrmxoyIIiEN'T STANDARDS AND RESOLUTION. Clay Castleberry stated that he would like to have an additional three weeks to go over lafie`comatezits",from:engiuaez~s:' ~' Supervisor Ladd stated that some of the restrictions would make it prohibitive-far a great deal of people to purchase homes. Supervisor Ladd stated that a lot of the requiremeata should sot be placed on homes that are in the country. Supervisor Ladd also stated that there is a trend to require city services throughout the county. Discussion of Subdivision improvement standards had at this time. 76-1951 APPROVE AGREEMENT WITH CITY OF CB2C0 - DAYTON ROAD RELOCATION On motion of 5upervieor Richter, seconded by Supervisor Madigan end unanimously carried, an agreement with City of Chico and County relative to particigation in the railroad grade separation program for relocation of Dayton Road and consequent elimination of SPRR crossing C-183.6 was approved sad the Chairman authorized to sign. 76-1952 APPROVE AGREEL~IT FOR SALE SKYWAY PROJECT 51261-71-1, PCL. 33. GLEN C. RUSSELL~,,,TR. 0.039 ACRES. On motion of Supervisor McKiliop, aecoaded by Supervisor Richter and unanimously carried, approve agreement for sale, authorized Chairman to sign and authorized Auditor to issue warrants upon demand of County's escrow agent on the following: Skyway Project 51-261-7i-L, PLC. 33 Glea C. Russell, Jr. 0.039 ec. $2,600 76-1953 APPROVE CONTRACT CHANGE ORDER ~1 MESSILIA VALLEY ROAD BRIDGE ACROSS •CREFK CONTRACT NO 4 - - N THE INCREASING AMOUNT OF $963.19. On motion of Supervisor MoKillop, seconded by Supervisor Richter end unanimously carried, Change Order,~i, Meeailia Valley Road Bridge across Dry Creek Contract No. 41442-75-1 in the iacreaeiag amount o£ $963.19 providing _for_iast~lling~asphalt'cohcrete=ditie on shoulders to prevent erosion of fill slopee~wae approved and Chairman authorized to sign. 76-1954 AWARD LOW BID: ROBINSON COMPANY IN AMOUNT OF $44,442 FOR GRAND AVENUE FAVING OVLRLl~~_ YROJECT~1C-76~. C1ay,CsetleTerry set out the background an the Grand Avenue .Paving overlay, pro,~ect AC-7b-2 bidding at this time. ~••• ... .._...._. _.. ..~. page. 284 .~..~--~ ..~..,.......- ._.....~, November 9, 1976 November 9, 1976 i C C R F P P! e e t S! s s Q F! i s m s! F c •f ! C C •l C C O!! C On motion of Supervisor McKillop award of the low bid for Grand Avenue paving overlay, protect AC-7b-2 was given to Robinson Company in the amount of $44,442 with a transfer of funds from the road reserve or any existing fund that have additional funding available. Moticn dier~,,for lack ~£,,,¢econd, Dn motion of Supervisor McKillap, seconded by Supervisor Richter and unanimously carried, the low bid in the amount of $44,442 for Grand Avenue Paving Overlap, Protect AC-76-2 was awarded to Robinson Company and the Auditor and Public Works Director were authorized to transfer funds in the necessary amounts. 76-1955 APPROVE PAVING OF FROC,~UILDING,tJP TO $9.995. Oa motion of Su errrisor McKillo seconded b S p p, q upervisor Richter and carried, the paving of the FROC building in the amount up .to $9,995 was approved. AYES: Supervisors Madigan, McKillop, Richter and Chair:an Cameron. NOES: Supervisor Ladd. 6-1956 PUBLIC WORKS ITBMS APPROVED ADOPT•RESOLUTION 76-178. On motion of 8 erviaor xadd •secandQd by Supervisor Madigan and - - _.__...unanimously carried •Tthe follaw~ing act#on vas tokens 1. Accepted the work of Jerome Bohiander •for the construction of Humboldt Read fridge @ Butte Creek, Protect 9'i424-75-1, authorized Chairman to sign the Notice of•Completion and instruct the Clerk to record said Notice of Completion with the County Records:. 2. Accepted 'the work of Robinson Construction Co., for the construction of Baggett-Marysville Road, Protect No. 21461-76-1, authorized Chairman to sign the Notice of Completion sad instruct the Clerk to record said Notice of Completion with the County Recorder. 3. ~esnlution 76-178, declaring Fourth Street and Fruitvale Road, Richvale through highways was adopted and Chairman authorized to sign. 4: Accepted the work o£ Meyers Roofing Service for the reroofing of the headquarters library and Durham Memorial Hall, authorized Chairman to sign the Notice of Completion and instruct the Clerk to record said Notice of Completion with the County Recorder. 76-1957 DISCUSSION: GARBAGE COLLECTION LICENSING ORDINANCE. Clay Castleberry stated that Section 5 and 7, pages 3 and 4, should be taken out of the ordinance sad the war3ing should speak to the competition provided by free enterprise. Mr. Castleberry stated that if the Board would like that added to the ordinance then County Counsel could be asked tc prepare in final form. Discussion of fen charges and enforcement had at this time. 715-1958 ADDITIONAL ITEMS PRESENTED BY PUBLIC•WORK5 DIRECTOR. Clay-Castleherry stated that his department had ordered 24,000 reflectors. Mr. Castleberry reported on the State Department of Water Resources inspection of the Sacramento River embankment sites. The sites maintained by the Public Works department met with a very good inspection. The sites on the upper part of the river, which the landawnexe have as agreement to keep clean, need removal work done. Mr. Castleberry asked the Board if he should write a letter to the•landowners advising them of the problems found during th'e•inapectian. The Soard concurred with Mr. Castleberry and instructed 'him to write the letter. November 9, 1976 ~, ~ November 9, 1976 a t a a t m c c le r m C r r r a m r m a m m r m e m a r e m r: a e r a c Clay Castleberry stated that the Board should hold up on the Neal Road apecificatioas. Mr. Castleberry set out the new coats for opening and closing a dump at this time. Also, there is a requirement of guarsnteeing that there will be no pockets in the ground for 5 years and the area has to be hovered bq 2 feet of cover materiel at ell times. _ .. -, 76-1954 DISCUSSION: PUBLIC WORKS ADMINISTRATIVE WO&KLOAD AND BEQUEST FOR ADD ON . ~ . Clay Castleberry stated that sincea Mr. Fleaery was leaving the Public Works Department there would be a need for an additional Civil Engineer Assistant and also another clerk typist to help with the clerical work. Discussion of transferring clerk in the Planning Department to the Public Works Department had at this time. Clif Mickelsoa stated that possibly this would be a good time to reorganize the Subdivision Department. Public Works Director to get together With the Personnel Director and bring back a suggestion oa this ~aatter nest week. _.._., 76-1940 AYPEARANCEt EVSRE7T JOHNSON REs GARBAGE cvrae~r~~n ia.u~n5u+~ u~u,~_„uz. lir. Everett Johnson ateted~thet~ha y~aa•oppoaed to having Section 5 and 7 taken out of the ordinance. Mr. Johnson stated that there should be a way of checking the,backgrovad.of .the people applying £or a license. 7b-l9dl APPEARANCE• ED JOHN 0 RE• ARBA E COLLECTION LICENSING ORDINANCE. Mr. Ed Johnston stated that he was in favor of free enterprise. 76-1962 PUBLIC HEARING: RODNEY WORTHINGTON - APPEAL OF SUBDIVISION COMNLLTTEE`5 pETERMINATION TO FILE NOTICES OF VIOLATION ON PROPERTY LOCATED ON THE WEST SIDE OF, MAXWELL DRIVE, .SOUTH OF GREENWOOD DRIVE, PARADISE, IDENTIFIED AS AP ~-03-40 41 & 42 CONTINUED TO DECEND3E~ 1976 AT 1n30 P.M. The continued public hearing on the Rodney Worthington - appeal propartyiv~ocated~the weateside~'of HaxwallfDrive,teouthoof Greemaoodon Drive. Paradise, identified AP 53-03-40, 41 & 42 was held at this time. Howard Toussaint. Health Department, 9et~aut the background of the appeal. i The hearing is continued to December 21, 1976 at 1:30 p.m. 76-1963 PUBLIC HEARING: GENERAL P,LAN.ELEMENTS AND ENVIRONMENTAL IMPACT REPORTS CONTINUED TO DECEMBER 7,, 1976 AT 2;00 P.M. The public hearing on the~General Plan Elements and Enviroxmxental Impact Reports is continued until December 7, 1976 at 2:00 p.m. 7G-964 ADDITIONAL MATTER PRESENTID BY BOARD MEMBERS. Supervisor Richter stated that the Administration Office should come back with ea ordinance to create an Environmental Committee to consider how to arrive at the fees to charge for Environmental Impact Reports. Discussion of creating a committee to establish formula for fees had at this time. Oa anotioa.o~'.S'ttperva.s6r Richter the Advisory Coumiittee is to came back with the recommendation of charging fees for the E.I-R.s. Mot on fails or }~ck Qf es cond. Discussion of staffing for the proposed Department of Environmental Review and charges had at this time. Page 286 November 4, 1976 P'~ November 9, 1976 re s a s s: s s s m m s s a s s a s s s s s s a s s s a r a s .s r s ,e .. On motion of Supervisor Richter, seconded by Supervisor Madigan and unsnimously carried, that hearings.be held to get input for creating a formula for eatablishi4g fees for E.I.R,s. 76-1965 DISCUS5ION• PROPO D POLICX AND GUTDELINE5 gOR MINE RECLAMATION FLANS. Mz. Appleman, member of the Butte County Chapter of Mixing Council, set forth the types of mining dose is Butte Coumtq. Mr. Appleman stated that the proposed policy and guidelines are dangerous to the mining program. Oa motion of Supervisor Madigan, seconded by Supervisor Ladd and unanimously carried, Ccunty Counsel is to have someone attend the State Mining and Gealogy Board meeting in Sacramento and bring back a report to the Board on the meeting. 76-1966 REPORT: EDWARD R: & JO ANNE CANNON -PLANNING CONlMi5SI0N REPORT OE DENIED REZ0PIING BROM "A-R" (AGRICULTURAL-RESIDENTIAL) TO "G-2" (GENERAL COM~RCIAL~•ySUYERTY l{OC~,TED ON, TH,E, EAST SIDE OP NEAL ROAD, APPROXIMAfiELY 1/3 MIKE BDUTH OF SRYGTAYi CONTAINING 1.74 ACRES., M©RE,OR LESS, PARADISE. Jim Lawson, Planning Director, stated that the report on the Edward R, & JoAnne Cannon denied rezoning from "A-R" (agricultural- residential} to "C-2" (general commercial) property located on the east aide of Neal Road, approximately I/3 mile south of Skyway, contaiaigg 1.74 acres, more or less, Paradise was for information only, no action needed. 7b-1967 DISCUSSION: REQUEST TO CONTACT ,CONSULTANT TO DISCUSS COMPLETION OF AIRPORT LAND .USE PLANS FOR CEIICO AIRPORT. Jim Lawson, Planning Director, stated that he had sent the Board a memo on the request to contact a consultant to discuss completion of airport land use plena for Chico Airport. Mr. Lawson stated that the City of Chico would like to have this matter completed. Discussion of completing an airport land use plan had et this time. It was felt that this should be done wham the update to the General ., .~.i Plan is done. 76-1968 APPOINTtiENT TO SUBSTANCE ABU ADVISOR COI~4SITTEE: VIC PRESTON On motion of Supervisor Mcltillop, seconded by Supervisor Richter and unanimously carried, Vic Preston was appointed to the Substance Abuse Advisory Cormnittee. 76-1969 ADOPT CONFLICT OF INTEREST CODES. " .. Clif Nickelson stated that the Board would not have to adopt conflict of interest codes for Butte Water District and Butte Creek Drainage District as they cross county liaea. The fiherm"alito Irr~gatioa District and the Richvale Recreation District have submitted conflict of interest codes so it will not be necessary to adopt codes for them. The codes they have submitted may be adopted instead. On motion of Supervisor~I~fcRillop seconded by Supervisor Richter and unanimously carried, the following Conflict of Interest Codex were adopted: Bangor Union. School Mstrict ~ j Lake Madrone Water District Lime Saddle"Cammaunity Services District j Magalia County Water District Drainage District X200 Table Mountain Irrigation District Thermalito Irrigation District Richvale Recreation District Page 287 November 9, 1976 ~~ ~""; ____°___=====NQV~mhe~9319~Fi__________________ 76-1970 TO SUBSTANCE ABUSE ADVISORY EE ?fAAGIB~FREDERICKSON On motion of Supervisor Richter, seconded by Supervisor Mcltillop and unanimously carried, Margie Frederickson, $17 Sheridan Avenue, Chico, California was appointed to the Substance Abuse Advisory Committee. 76-197! DISCUSSION: OF CHe11iGE5 TA, .k~VI.RONMENTAL GUIDELINES CONTINUID TO NOVE[~ffiER 10, 1976~FOLLOWiNG BCAG MEETING. The discussion of changes to the environmental guidelines is continued to November 10, 1976 following BCAG meeting. 7~-1972 CCCJ AUTfiORIZED TO STUDY IMPACT OF AH 312i AND HRING HACK A PROPOSAL TO THE BOARD. Mr. Howard'Cassagrande, CCCJ, present to discuss what is needed in order to make a study oa AH 3121 by Region C. Mr. Cassagrande stated that CCCJ has $2b,000 that can be used for the study and fox implementing the requirements of AH 3121. On motionof Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, CCCJ was authorized to spend $10,000 far a study of the impact of AB 3121 if the other four counties were willing to enter into this study, red britrg back •a proposal for the Board, and authorize Butte County to participate. 76-1973 RESCIND ACTION OF MINUTE ORDER 76-1867, OCTOBER 2b, 1976 CONCERNING COORDINAT ON OF T E II~ L WORDS PROJECT. On,motion of Supervisor Eadd, seconded by Supervisor McKillop and unanimously carried the action of Minute Order 76-1867, October 26, 1976 concerning coordination of Title II Public Works Project is rescinded. 76-1974 ADDITIONAL MATTER PRESENTED BY BOARD MEMBERS. Supervisor Ladd stated that Riegel Engineering had prepared a plan for the solid waste. Riegel En&iaeering asked Clay Castleberry to pay $850 to cover revision of our-solid waste. Ciay Castleberry did not make a reconmendation oa this matter. Chairman Cameron stated thaC Mr. Castleberry should bring back recommendation as to whether he concurs on this matter or not. 7b-1975 DISCUSSION: REVISING SUPERVISORIAL DISTRICTS. Gerald Lively, Administrative Analyst, stated that he had prepared a map showing the possiblity of the new supervisorial districts. This map was prapered by the census as to population. This would a-ake the districts equal in population. Mr. Lively asked for direction from the Hoard. Mr. Lively set out the different procedures for creating the new Suparvisorial Districts at Chis time. l~fr. Lively to furnish the Board members with a copy of the map he is working on for their study. 8$CESS: :'The Hoard recessed at 3:k0 p.m. to reconvene on Wednesday, November~l0, 19X6-~ollawing HCAGrmeeting. -~ ~ ._. . Page 288. November 9, 1976