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HomeMy WebLinkAboutM112178November 21, 1978 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Presents Supervisors Lemke, Madigan, Moseley and Chairman Winston. Clif Nickelson, administrative officer; Dan Blackstock, county counsel; and Clark A, Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board, ABSENT: Supervisor Richter. Pledge of allegiance to the Flag of the United States of America. Invocation by Supervisor Moseley 78-2159 APPROVAL OF MINUTES On motion of Supervisor Moseley, seconded by Supervisor Lemke and carried, the minutes of November 14, 1478 were approved as mailed . with the following corrections: Minute Order 78-2152 to reflect:."On snotionzofcSupervsor Lemke, seconded by Supervisor Richter and unanimously carried, the rezone from "A-2 Ltd." to "C-2" (general commercial) property located on the south side of Bi11e Road approximately 300 feet west of Clark Road, identified as AP 53-011-24, containing 0,10 acres, more or less, Paradise was approved; with the finding that the rezone conforms with the General Plan and is in the best interest of the health, safety and welfare of the people; Ordinance 1976 was adopted and the Chairman authorized to sigh." Minute Order 78-2148 to reflect: Public Hearing for Jim Burress instead of Jim Burris. 78-2160 ADOPT ORDINANCE 1977: WAIVE SECOND READING: SALARY ORDINANCE AMENDMENT On motion of Supervisor Lemke, seconded by Supervisor Madigan and carried, the second reading of the salary ordinance amendment >__ implementing the classification changes by .the Personnel Director was waived; Ordinance 1977 was adopted and the Chairman authorized to sign. ', 78-2151 WAIVE FTRST READING: SALARY ORDINANCE AMENDMENT On motion of Supervisor Moseley, seconded by Supervisor Lemke and carried the first reading of the salary ordinance amendment that increases the CETA participant wage from $2.65 per hour to $2,90 per ', hour effective January 1, 1979 as required by federal regulation was waived, 78-2162 ACCEPT RECOMMENDATIONS OF CETAC WITH REGARD TO APPROVAL/DENIAL OF CETA TITLE VI PROJECT PROPOSALS AND PROJECT MODIFICATION REQUESTS On motion of Supervisor Lemke, seconded by Supervisor Madigan and carried, the recommendations of CETAC with regard to approval/denial of GETA Title VI project proposals and project modification requests were ', accepted, 78-2163 ACCEPT CETAC RECOMMENDATIONS WITH REGARD TO LETTER MODIFICATIONS OF ALL CETA GRANTS TO ASSURE U.S. DEPARTMENT OF LABOR THAT BUTTE COUNTY WILL COMPLX WIT~I TRANSITION PROVISIONS OF CETA REAUTHORIZATION On motion of Supervisor Lemke, seconded by Supervisor Madigan and carried, the CETAC recommendations with regard to letter modifications of all CETA grants to assure U.S. Department of Labor that Butte County will comply with the transition provisions of CETA reauthorization were accepted and the Director authorized to signo Page 443. November 21, 1978 November 21, 1978 78-2164 ACCEPT .RECOMMENDATION OF^CETAC AND AUTHORIZE DIRECTOR TO SIGN MODIFICATIONS TO INCORPORATE. NEW ALLOCATIONS, ADJUST PARTICIPATION LEVELS TN ALL CETA GRANTS AND MARE PROGRAMMATIC CHANGES IN TITLE I, AND TITLE I_II, YCCIP On motion of Supervisor Lemke, seconded by Supervisor Moseley and carried, the recommendation of CETAC was accepted and the Director was authorized to sign the modifications to incorporate new allocations, adjust participation levels in all CETA grants and make programmatic changes in Title I, and Title III, YCCIP. 78-2165 AUTHORIZE HIRING OF NADEEN WEST AT RANGE 22.5, STEP C AS INTERTM EOC DIRECTOR ', On motion of Supervisor Madigan, seconded by Supervisor Moseley and carried, the hiring of Nadeen West as interim EOC Director was authorized at Range 22.5, Step C. 78-2166 AUTHORIZE PERSONNEL DIRECTOR TO RECRUIT FOR DATA PROCESSING PERSONNEL UP TO THE TOP STEP IN THE SALARY RANGE Jim Rackerby, personnel director, set out the background of the problems in recruiting personnel for the Data Processing Department. ', The salaries have lagged behind industry. Discussion of whether personnelshould be recruited if the county is planning on going with the data processing facilities management concept, Tt was felt that the department should be continued at the level it has been staffed before vacancies. On motion of Supervisor Lemke, seconded by Supervisor Madigan and carried, the Personnel Director was authorized to recruit for Data Processing personnel up to the top step in the salary range. 78-2167 PUBLIC HEARING DATE SET ', A public hearing date of January 9, 197 j at 10:00 a.m. was set for receiving citizen input regarding a draft nonattainment plan (air pollution) for Butte County. 78-2168 APPROVE BUTTE COUNTY FAIR BUDGET FOR 1979 IN THE AMOUNT OF $212_,865 On motion of Supervisor Lemke, seconded by Supervisor Moseley and carried, the 1979 Butte County Fair Budget in the amount o£ $212,865 ', was approved and the Chairman authorized to sign. 78-2169 ANIMAL CONTROL CONTRACT: CALL FOR BIDS WITH BID OPENING .SCHEDULED FOR DECEMBER 11, 1978 AT 11:00 A,M, IN THE PURCHASING OFFICE: REJECT BIB OF ANIMAL CONTROL AND HEALTH SERVICES: PRESENTATION TO BOARD TO BE MADE NOT LATER THAN DECKER 19, 1978 ~. Clif Nickelson, adminstrative officer, reported on the bids received for the animal control operation. There was only one bid receiveda His office has some questions as it relates to the quotation involving a humane officer. It was moved by Supervisor Madigan, seconded by Supervisor Moseley and carried, that the Administrative Officer be instructed to solicit proposals for the Board's consideration and that bids be received by December 19, 1978, Dr. Leavitt and Dr, Robert Allen spoke regarding the bids at this time. Dr. Allen felt that the request for additional bids was putting them in a bad position. This would be if the county is only considering the money portion of the bid. Their bid has been open and it is public knowledge. They have decided not to look into a site until there is something firm. There are several costs to be considered. Page 444. November 21, 1978 November 21, 1978 ^On motion of Supervisor Madigan, seconded by Supervisor Lemke and carried, the motion to instruct the Administrative Officer to solicit bids was rescinded, On motion of Supervisor Madigan, seconded by Supervisor Moseley and carried, the bid of Animal Control and Health Services was rejected; call for bids with the bid opening scheduled for December 11, 1978 at 11:00 a.m. in the Purchasing Office was approved with presentation to be made to the Board no later than December 19, 1978. 782170 APPROVE NOTICE OF INTENT TO PURCHASE PROPERTY, AP 10-151-27, FOR GRIDLEY LIBRARY SITE SETTING PUBLIC HEARING DATE FOR JANUARY 2, 1979 AT 10:15 A.M. WITH ADMINISTRATIVE OFFICER TO NEGOTIATE FOR COST OF PROPERTY AT $509000 ~ ' On motion of Supervisor Moseley, seconded by Supervisor Madigan and carried, a notice of.intent to purchase property, AP 10-151-27, for Gridley Library site and a public hearing date was set for January 2, 1979 at 10:15 a.m, with the Administrative Officer to negotiate to the cost of $50,000. 78-2171 APPROVE BUDGET TRANSFERS On motion of Supervisor Lemke, seconded by Supervisor Madigan and carried, the following budget transfers were approved: B-28 Development Commission. Transfers $964 from regular salaries, $280.18 from benefits, $1,115,47 from office expense and $2,30 from mainte- nance of equipment; with $89.42 going toward transportation and travel, $1,109,34 to allocation of hosts received, and $1,163.19 reverting to the general fund. B-29 Community Action Program - Ebb Youth Weatherization Program 1978 Grant Year). This transfer establishes an appropriation for the EOC Youth Weatherization Program Grant that was approved by the Board on July 11, 1978 with funding coming from the State Office of Economic Oppor- tunity. The transfer reflects appropriations as follows: travel, $85; consumable supplies, $15,834; rent and lease purchase of equipment, $56; and other costs $1,056. B-30 Public Health. Administration. Transfers $12,000 from the reserve to contributions to other agencies in order to cover the cost of payment to the Northern California Emergency Medical Care Council which was approved by the Board on November 7, 1978, B-31 Federal Revenue Sharingo Establishes appropriations for various federal revenue sharing projects totalling $657,770.87 as approved by the Board of Supervisors on November 14, 1978. B-32 Memorial Halls. Transfers $2,000 from regular salaries to extra help in order to provide an additional appropriation for extra help employees necessary because of disabilities of regular staff. 78-2172 APPROVE APPLICATION TO CALIFORNIA HOUSING FINANCE AGENCY (CHFA) FOR TANDEM ASSISTANCE PROGRAM (HCD) On motion of Supervisor Lemke, seconded by Supervisor Madigan and carried, the applications to California Housing Finance Agency (CHFA) for tandem assistance program to provide morgage financing at below market interest rates for E1 Medio and Chapmantown was approved. ~-CHAIRMAN WINSTON WELCOMED THE LAS PLUMAS GOVERNMENT CLASS AT THIS TII~E. Page 445. November 21, 1978 November 21, 1978 78-2173 ADOPT RESOLUTION 78-I91: RESOLUTION OF INTENT TO PURCHASE BURBANK SCHOOL SITE (EL MEDIO): AUTHORIZE ADMTNTSTRATTVE OFFICER TO RETAIN THE SERVICES OF WILLIAM H. P, DOLAN, JR. AND TO NEGOTTATE TERMS AND CONDITIONS OF SALE OF PROPERTY On motion o£ Supervisor Madigan, seconded by Supervisor Lemke and carried, Resolution 78-191 of intent to purchase Burbank School site (E1 Medio) was adopted and the Chairman authorized to sign; Administrative Officer authorized to retain the services of Wa.lliam H, P. Dolan, Jr. and to negotiate terms and conditions of sale of the property, 78-2174 APPROVE REPROGRAMNffNG OF WEATHERIZATTON FUNDS (EOC) On motion of Supervisor Moseley, seconded by Supervisor Lemke and carried, the unexpended 1977 Community Services Association emergency energy conservation fun3~.wexe::~reprogramt4ed into the 1978 weatherization program as follows: purchase of two used vans for weatherization crew and material transportation, $7,200; maintenance and operation funds for the crew vans, $3,120; unanticipated increase in fringe benefit costs, $840; travel, $1,632; and purchase of a high capacity cellulose insulation blowing machine, $2,400; the Chairman authorized to sign application. 78-2175 APPROVE CONFIRMATION OF EOC ADMINISTERING BOARD MEMBER, NELDA McCORMICK FROM THE PUBLIC SECTOR: DESIGNATE EOC DIRECTOR AS MRMEER OF ', CETAC On motion of Supervisor Moseley, seconded by Supervisor Lemke ', and carried, the Board confirmed the EOC Administering Board member, Nelda McCormick, from the public sector. On motion of Supervisor Lemke, seconded by Supervisor Madigan and carried, the EOC Director was designated as a member of CETACe 78-2176 APPROVE VARIANCE RENEWAL - MARY J. RIDER 'On motion of Supervisor Moseley, seconded by Supervisor Lemke and carried, the renewal of a variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at 1921 Palermo Road, Palermo, zaning: A-2 for Mary J. Rider was approved for a period of one year. 78-2177 APPROVE DRUG COUNSELING AND REFERRAL CENTER BUDGET TRANSFER AND ' EQUIPMENT PURCHASE AUTHORIZER On motion of Supervisor Lemke, seconded by Supervisor Madigan and carried, the Dxug Counseling and Referral Center budget transfer increasing the appropriation to extra help, $16,783 and employee benfits, $470 with funding coming from professional and specialized services was approved; the transfer of $1,465 from professional services to equipment to allow the purchase of two desks, $400; two chairs, $150; a video tape camera, $750; a quick set dolly, $75; and a battery, $90 was approved and purchase was authorized. 78-2178 AWARD BID: CHICO RIVER ROAD AND BRIDGE OVER M&T CANAL, PROJECT N0. FASOS -007(3): AUTHORIZE ADDITIONAL FUNDING FROM FOOTHILL BLVD FEDERAL AID OFF-SYSTEM MONEY AND $5p00 FROM BULL HILL SPECIAL ROAD FUND, LOCAL SHARE: ADOPT RESOLUTION 78-192 APPROVING PROGRAM SUPPLEMENT NO. 7 TO MASTER AGREEMENT N0. 03-5912 RE: FEDERAL-AID PROJECTS: POSTPONE FOOTHILL BLVD, OFF-SYSTEM PROJECT OR FUNb WHEN 1978-79 OFF-SYSTEM MONEY IS AVAILABLE THIS YEAR, ', Clay Castleberry, public works director, reported on the bid opening for the Chico River Road and bridge over M & T Canal, Project No, FASOS-007(3), Butte Creek Rock Company was the low bidder with a bid of $159,879,00. The bids were up 80%, Mr. Castleberry set out i the proposed funding at this time for the increase of the bid. Page 446. November 21, 1978 November 21, 1978 On motion of Supervisor Zemke, seconded by Supervisor Madigan and carried, the following action was taken: 1. Awarded the bid to Butte Creek Rock Company in the amount of $159,879 for Chico River Road and bridge over M & T Canal, Project No. FASOS-007(3). 2. Authorized additional funding from Foothill Boulevard Federal Aid Off-System money and $5,000 from Bull Hi11 Special Road Fund, local share, with transfers to be made. 3. Adopted Resolution 78-192 approving Program Supplement No. 7 to Master Agreement No. 03-5912 re: Federal-Aid Projects-and authorized°the Chairman to sign. 4. Postponed or funded Foothill Boulevard, Off-System project, when 1978-79 Off-System money is available this-year. 78-2179 APPROVE AGREEMENT FOR SALE - BULL HILL ROAD_BRIDGE. PARCEL N0. 1 On motion of Supervisor Madigan, seconded by Supervisor Lemke and carried, the right-of-way acquisition, agreement for sale was approved for the following and the Chairman authorized to sign; the Auditor authorized ', to issue warrant upon demand of the county's escrow agent: Bull Hi11 Road Bridge. parcel No. 1 Diamond International Corp. 0.18 acres $100 No Imp Total $100 78-2180 RESCIND ACTION TO CONTRIBUTE $20,000 TO COVER FIXED ROUTE SYSTEM IN CHICO Clay Castleberry, public works director stated that he had received a letter from Steve Musselman, administrative analyst, regarding the $20,000 for the fixed route system in Chico. The election for the system failed. Chairman Winston stated that there is a battle going on for the last five years, It is a sensitive issue. Some objections were made to the way the proposal was voiced and there was some question to the extent of the district in the election. The report rendered by CALTRANS dated March, 1978 recommended that this matter be put to the vote of the people and it has been. Dan Blackstock, county counsel, felt that there would have to be evidence presented to BCAG. It is obvious the City of Chico is desirous of having a bus system. The bus system involves the unincopporated area as well as the incorporated area. Tt is feasible to review with regard to putting testimony before BCAG where consideration be given only in the City of Chico. There is the question as to what type of system you would end up with. Supervisor Lemke did not feel that it was obvious that the City of Chico wanted a bus system. Mr. Blackstock stated that the City Council wanted the bus system. Steve Musselman, administrative analyst, felt that it would be advisable to rescind the $20,000 allocation for the fixed bus system. If the $20,000 was left in and there was a finding that there was no unmet need it would be contr~dicGory9o Page 4470 November 21, 1978 November 21, 1978 Discussion of the intercity system in the Oroville area held at this time, Mr. Castleberry stated that the usage is extremely low. Sometimes there are only three or four people a weeko His office is in the process of studying the matter and will make a progress report on the system with some recommended changes. ', On motion .of Supervisor Moseley, seconded by Supervisox Madigan and carried, the Board rescinded their action making a contribution of $20,000 to cover a fixed route bus system in Chico with the findings there are no unmet needs that can be xeasanably met with a fixed route bus system. 78-2181 ADDITIONAL MATTER PRESENTED BY PUBLIC WORKS ', Clay Castleberry, public warks director, advised the Board that he had received a call from CALTRANS. They have been getting a passel in all rural counties and asked what they could doo There is a possiblity of maybe exchanging monies. 78-2182 ADOPT RESOLUTION 78193: SETTING PUBLIC HEARING FOR ROBERT DAVIS PROPOSED ABANDONMENT OF THAT CERTAIN 20' PUBLIC UTILITY EASEMENT AS SHOWN ON LOT 143 OF THE PARADISE PINES SUBDIVISION UNIT N0. 5, RECORDED IN BOOK 35, MAPS OF RECORD AT PAGES 88 THROUGH 91 COUNTY OF BUTTE STATE OF CALIFORNIA ', On motion of Supervisor Lemke, seconded by Supervisor Moseley and carried, Resolution 78-193 giving notice of intention to abandon the Robert Davis proposed abandonment of that certain 20' public utility easement as shown on Lot 143 of the Paradise Pines Subdivision Unit No. 5, recorded in Book 35, Maps of Record at Pages 88 through 91, County of Butte, State of California was adopted; setting a public hearing date of January 2, 1979 at 10:00 a,m, and the Chairman authorized to sign. 78-2183 ADOPT RESOLUTION 78-194: RESOLUTION OF INTENT - RALPH Do DROWN - PROPOSER ABANDONMENT OF A PORTION OF V-4 ROAD, AS SHOWN ON THE MAP OF VILLA VERONA RECORDED JANUARY 17, 1889 ON WALL MAP ~~12, COUNTY OF BUTTE, STATE OF CALIFORNIA -.SETTING PUBLIC HEARING DATE On motion of Supervisor Moseley, seconded by Supervisor Lemke and carried, Resolution 78-194 giving notice of intention to abandon the Ralph D, Arown proposed abandonment of a portion of V-4 Road, as shown on the map of Villa Verona recorded January 17, 1889 on Wall Map ~~12, County of Butte, State of California was adopted; a public hearing date of January 2, 1979 at 10:00 a.m. was set and the Chairman authorized to ', sign. 78-2184 PUBLIC HEARING DATE $$TE ~'~'t' A public hearing date of December 12, 1978 at 10:00 a.m. was set fox consideration of Butte County Code amendments to Sections 24-26 (Procedure for precise zoning amendment) and Section 24-190 (TPZ-i60 timber preserve zone)~which are exempt from environmental review. 78-2185 ADDITIONAL MATTER PRESENTED BX CfiATRMAN WINST©NP. ', Chairman Winstoiiastated'thatcst.;had been called to his attention that there is a problem with the agricultural preserves in the county. These encompass different uses. There is a provision in the law that within a given period of time the zoning within°ahe agricultural areas must be brought into conforming use. This is practically impossible. It has been suggested in a meeting with Counsel and the Planning Director that the first step is to take the matter to the Agriculture Commission for recommendations. Bettye Blair, planning director, advised the Board that this will be considered by the Agriculture Commission on December 6, 1978. The Board should be made aware of the recommendations after this meetingo Page 4480 November 21, 1978 November 21, 1978 RECESS: .9:57 a.m. RECONVENE: 10:05 a.m. 78-2186 PUBLIC HEARING: ROBERT L. FORREST - PETITION FOR VARIANCE TO SECTIONS 19-10 AND/012 19-12,OF THE BUTTE COUNTY CODE FOR PLACEMENT, OF A MOBILE HOME ON NORTHWOOD DRIVE PARADISE AP 65-30-44. ZONING: RT-1. The public hearing on the Robert L, Forrest petition for variance to sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on Northwood IIrive, Paradise, AP 65-30-44, zoning: RT-1 was held as advertised. Tom Reid, Chico Environmental Health, set out the application. There is one ambulatory person in each family. There was no recommendation made on this petition. The hearing rwas recessed at this time. 78-2187 ADOPT RESOLUTIONS 78-195; 78-196 & 78-197 PUBLIC HEARING: CLARK ROAD ASSESSMENT DISTRICT N0. 2 The public hearing on the Clark Road Assessment District No. 2 was held at this time. Clay Castleberry, public works director, set out the project at this time, This is for curbs, gutters and sidewalks between Elliott and Bills Road on Clark Road. It does not consider any storm drainage. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board, Ron McElroy,CCook and Associates, set out the estimates for the district. There will be 86 parcels and the costs are estimated on the preliminary estimate of about $150,000. The average assessment would be about $1,750 to $1,800. Some will be more and some less. On motion of Supervisor Lemke,~~econded by Supervisor Madigan and carried, the following action was takeri'~n regard to the Clark Road Assessment District No. 2: 1. The boundary map was accepted for filing, 2, Resolution 78-i95 approving the boundary map was adopted and the Chairman authorized to sign. 3. Resolution 78-196 approving the agreement for legal services was adopted and the Chairman authorized to sign. 4, Resolution 78-197 of intention~~was adopted and the Chairman authorized to sign, 78-2188 BONTINUED PUBLIC HEAR]ENG: ROBERT L. FORREST - PETITION FOR VARIANCE TO SECTIONS 19-10 AND/OR 19-12.OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON NORTHWOOD DRIVE PARAD~S~. ZONING: RT-1 The continued public hearing on the Robert L, Forrest petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on Northwood Drive, Paradise, AP 65-30-44, zoning: RT-1 was held at this time, Tom Reid, Chico Environmental Health, set nut the situations Hearing open to the gublic, Appearing: Mr. Forrest. Mr. Forrest stated that there is one incapacitated person in each family, Hearing closed to the public and confined to the Board. Page 449. November 21, 1978 November 21, 1978 On motion of Supervisor Lemke, seconded by Supervisor Moseley and carried, finding that a need has been established with the incapacity of one person in each household the petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for pia cement of a mobile home on Northwood Drive, Paradise, AP 65-30-44, zoning: RT-1 for Robert L. Forrest was approved for a period of one year. 78-2189 PUBLIC HEARING: BARBARA JAG~E- PETITION OF VARTANCE TO SECTIONS 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME AT ROUTE 1 BOX 1339 GILSTRAP AVENUE GRIDLEY AP 24-01-88. ZONING: A-2. The public hearing on the Barbara Jagoe petition for variance to Sections 19-10 and/or 19-12 of the Butte County Cade for placement of a mobile home at Routed , Box 1339, Gilstrap Avenue, Gridley, AP 24-01-88, zoning: A-2 was h21d as advertised. Tom Reid, Chico Environmental Health, 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. On motion of Supervisor Moseley, seconded by Supervisor Lemke and carried, the petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at Route i, Box 1339, Gilstrap Avenue, Gridley, AP 24-01-88, zoning: A-2 for Barbara Jagoe was approved for a period of one year. 78-2190 PUBLIC HEARING ELIZABETH V. EISENHOUR - APPEAL OF NEGATIVE DECLARATION AND DENIED REZONE FROM "A-5" (AGRICULTURAL - FIVE ACRE PARCELS) TO "S-R" (SUBURBAN-RESIDENTIAL) OF PROPERTY LOCATED ON THE 60UTH SIDE OF SELL ROAD, APPROXIMATELY 50 FEET WEST OF ALAMO AVENUE, IDENTIFIED AS AP 42-02-13, CHICO The public hearing on the Elizabeth V. Eisenhour appeal of negative declaration and denied rezone from "A-5" (agricultural - five acre parcels) to "S-R" (suburban-residential) of property located on the south side of Bell Road, approximately 50 feet west of Alamo Avenue, identified as AP 42-02-13, Chico was held as advertised. Earl Nelson, environmental review director, set out the background of the negative declaration. This property is three acres on the southwest side of Bell Road just to the west of the large northwest Chico rezone. This property has been zoned A-5 since 1968. This would be the first change of A-5 and could be construed as a precedent setting action. It is a relatively small parcel and he recommended a negative declaration. The sarxnux~ng area is agriculture and has a mixture of parcel sizes and residential in the area. Hearing open to the public. Appearing: Elizabeth Eisenhour. Ms. Eisenhour presented the Board members with. a map of the area. She set out the parcel sizes in the areao There are eleven parcels that are less than 1/2 acre in size. There are nine lots that are 1/2 or more acres in size. There are ten lots that are one acre or more. Her.. property is not good for agricultural use. There would be a division of four lots. These would be for single dwellings. Bettye Blair, planning director, set out the background of the projecto She posted a map for the Board°s considerationo The Planning Commission has not yet firmed the recommendation regarding some of the zoning in the area. This property is outside the sphere of influence, SUDAD and outside the urban design of the subdivision ordinance, The density is one to four, Page 450< November 21, 1978 November 21, 1978 ~. Hearing closed to the public and confined to the Board, ~It was moved by Supervisor Madigan, seconded by Chairman Winston that the appeal be denied. Vote on motion: AYES:. Supervisor Madigan and Chairman Winston NOES: ..Supervisors Lemke and Moseley ABSENT: Supervisor Richter No action, The matter was continued to November 28, 1978 for consideration of the motion at that time. RECESS: 10:28 aomo RECONVENE: 10:30 a.m. 78-2191 PUBLTC HEARING: HIGNELL AND HIGNELL, INC. - APPEAL OF ADVISORY AGENCY'S CONDITION ~k16 ON A TENTATIVE PARCEL MAP RELATING TO THE ESTABLISHMENT OF A SINGLE FAMILY ZONE IN ORDER TO COMPLY WITH THE GENERAL PLANS AP 48-203-15, FOUR LOTS, SOUTH SIDE OF MANZANITA AVENUE AT CEANOTHUSSAVENUE, CHIGO The public hearing on the Hignell and Hignell, Inc, appeal of Advisory Agency~s condition ~k16 on a tentative parcel map relating to the establishment of a single Family zone in order to comply with the general plan, AP 48-203-15, four lots, south side of Manzanita Avenue at Ceanothus Avenue, Chico was held at this time. Clay Castleberry, public works director, set out the background of the appeal. The condition was that for divisions of land that the applicant request and pursue zoning that is appropriate. ', Bettye Blair, planning director, stated that this was in . process at the time the Board made their policy regarding zoning. The requirement to pursue zoning was the way the matter had been handled before the Board policy. The Advisory Agency must rely upon the findings in the environmental determination, This is in regard to single family residential development. Hearing open to the public. Appearing: Ray Rolles. Mr. Rolles stated that Hignell and Hignell are wanting to purchase the property. They wanted to develop the property into single family but there was a lack of sewer capacity with the City of Chico. In order to implement the purchase they had to apply for a parcel map, It is questionable whether the cost of the lots for single family development would be feasible. It fs still the intent to go with single family dwellingso If they are unable to proceed with that, they could be looking at multi-dwellings of about 20 to 24 units. There are several apartments across the street, Mrs. Blair stated that there was no discussion at the Advisory Agency hearing regarding multi-dwelling units. If the Board abandons the requirement for zoning the parcel could be developed in the A-2 zone, The matter was referred back to the Advisory Agency to consider multi-family dwellings. The matter was continued to November 28, 1978 at 10:30 a,m. for consideration by the Board. Page 451, November 21, 1978 j November 21, 1978 78-2192 PUBLIC HEARING DATE SET: DISCUSSION: BUTTE COUNTY BOARD OF SUPERVISORS' PROPOSED AMENDMENT TO BUTTE COUNTY CODE, CHAPTER 24 AMENDMENT TO THE FOLLOWING ZONING DISTRICTS TO ALLOW MOBILE HOMES: A-R, AR-5, A-SR, H-C, R-1, R-1 A&C, R-2, R-3, S-R, SR-1/2,. SR-1 & R-N Discussion of the Butte County Board of Supervisors° proposed amendment to the Butte County Code, Chapter 24 amending the following zoning districts to allow mobile homes: A-R (agricultural residential),, AR-5 (agricultural residential), A-SR (agricultural-suburban residential), H-C (highway commercial), R-1 (single family residential), R-1 A&C (minimum density residential, arts and crafts), R-2 (duplex residential), R-3 (minimum density residential), S-R {suburban residential), SR-1/2 (suburban residential), SR-1 (suburban residential), R-N (residential- nonconforming) was held at this timed Bettye Blair, planning director, stated that the Board indicated on October 31, 1978 that they would possibly consider setting a new hearing for consideration of the Aunt Minnie ordinance. This should be set for a time certain and readvertised. There was no recommendation from the Planning Commissiono A public hearing date of January 9, 1979 at 10:15 a.m was set for consideration of the Butte County Board of Supervisors' proposed amendment to Butte County Code, Chapter 24 amenddng the following zoning districts to allow mobile homes:-A-R (agricultural residential), AR-5 (agricultural residential), A-SR (agricultural-suburban residential), H-C {highway commercial), R-1 (single family residential), R-l A&C (minimum density residential, arts and crafts}, R-2 (duplex residential), R-3 (minimum density residential),. S-R (suburban residential), SR-1/2 (suburban residential),. SRI (suburban residential}, R-N (residential- ', nonconforming), EXECUTIVE SESSION: TLieSBoard recessed at 10:50 a.m. to hold an executive session regarding litigation, RECONVENE: The Board reconvened at 3.1:02 a.m, following an executive session regarding litigation. Nothing to report. 7$-2193 AUTHORIZE COUNSEL TO CONTACT SHERIFF'S OFFICE TO MAID; COMPLETE INVESTI- GATION OF THE OPERATION AND POSSIBLE NUISANCE AT THE OPTTMO CLUB, SKYWAY, PARADISE Sharon Holt appeared before the Board regarding a complaint of a problem in hers neighborhood. When they bought their property six years ago the Optimo was in existence and was represented to be a dinner house with live music on Friday and Saturdays For the first three years the area was noisy on Friday and Saturday. During the summer of 1977 the establishment changed hands and she watched a gradual but steady decline around the Optimo. There have been as many as 18 motorcycles on the premises at ane time. They have been there until 4:00 or 6:00 a.m. In May, 1978 they decided it was time to take some action as they could no langer tolerate the noise from the music that was available .six and sometimes seven nights a weeko She hoped the Board could give them some relief. Supervisor Lemke stated that since he had talked to Mr. Holt the owner of the Optimo had promised to keep the music down. In talking with Mr. Holt apparently the traffic has been mitigated through some type of patrolling. Marge Roe who lives in the same neighborhood also spoke regarding the noise problem created by the Optimo Club. They bought their property as a business property eight years ago. At that time the club was a dinner club, Not only has the music been intolerable but there has also been Page 452, November 21, 1978 November 21, 1978 noise from the motorcycles. There is a great deal of additional noise fram the parking loto The people holler and scream and yello Mrs. Roe stated that they had made a complaint to the Sheriff's Department in Paradise and was referred to the Health Departments Mr. Basden of the Paradise Health Department was given a formal complaint. They have talked with Mr. Basden, Mr. Vanhart and the Assistant District Attorney Blake. ', Mrs. Vena Harpersplayed a recording that was taken in Mr. Holt's home with the windows and doors shut at 1:15 a.m. on Sunday moxning for the Board. She acknowledged the letter dated November 15, 1978 from Chairman Winston regarding the noise problem in their neighborhood. She took issue with one of the paragraphs in the memo that toad been attached. She has not at any time been contacted regarding the mattero The music is too loud. She felt there should be a designated parking area for the patrons. There is some quarreling during the night. She felt that she had the right to a good night's sleep. Chairman Winston stated that a nuisance ordinance had been passed. There is a problem in the neighborhood. He felt the neighborhood had made every effort:.to alleviate the problemo In the absence of any success on the park of Supervisor Lemke to reason with the owners of the Optimo Club he felt that something should be done. Dan Blackstock, county counsel, stated that there were factors to be consideredo There must be a determination of whether the Optimo is operating under a use permit. The only type of nuisance would be the noise. If this club is legally operating according to permit or non- conforming use the nuisance that they could be charged with is noise. Chairman Winston felt that there was a change of use. The Optimo was a dinner house for the family. ', On motion of Supervisor Madigan, seconded by Supervisor Lemke and carried, Counsel was authorized to contact the_Sheriff's Office to make a complete investigation of the operation and possible nuisance of the Optimo Club on the Skyway in .Paradise. Floyd Holt presented a petition for the record at this time. Mr. Holt set out some case records regarding nuisance abatemento Mr. Holt felt that the conclusion reached in the memo from the Health Department was wrong. If they advised the Optimo to turn down the music and felt there was no justification for a nuisance ~it woald:be;-;a;violation of the owners rights.' Mro Holt was told to keep in contact with Counsel regarding this matter. 78-2194 APPEARANCE: JAMES_HANS_EN,_OR_0_VILLE Mr, Hansen wished the Board a Happy Thanksgiving. 78-2195 APPEARANCE: KAROLY KASZA Mr. Kasza spoke regarding street lighting for a subdivisiono He had to.;put in street lighting for a new subdivision. No one is going to take care of the street light and pay for the light billo Hef.:would like to work out something regarding requirements for street lighting. Mr. Kasza was advised to contact Mr. Castleberry and Mr. Musselman and PG&E regarding this matter. Page 453. November 21, 1978 November 21, 1978 78-2196 DISCUSSION. WATER CONTRACT:. COUNSEL TO SET, UP MEETING WITH DEPARTMENT OF WATER RESOURCES, SENATE AND ASSEMBLY STAFF, CHAIRMAN WTNSTON AND COUNSEI,e_ __.. Chairman Winston set out the background of the correspondence that has been received by the Board regarding the water contract with the Department of Water Resources. There has been a memo from the Auditor advising of the liability for the fiscal year. The Board received a letter from Richvale Irrigation Aistxict that says they cannot afford the present price structure for the sale of the watexe They asked that the Board continue paying for the water and encouraged providing of water to some users. Dan Blackstock, county counsel, stated that the Department of Water Resources would agree to short term cnuti~aa~s~for purchase~of water. He read from the letter that had been presented to the Board regarding the Task Force report. They are saying that if the county wants temporary reduction in entitlement they will consider it. The county does not have a transportation service. Under title of origin the entitlement far the county is so small in terms of water. Counsel to set up a meeting with the Department of Water Resources, both Senate and Assembly staff, Chairman Winston and Counsel to discuss the provisions of the water contract. The question of exploring a contract with PG&E for the water is to be considered after the discussion with the Department of Water Resources. 78-2197 ASR FOR APPOINTMENT OF HART.AN ADAMS A MEMBER OF COUNCIL ON AGING Chairman Winston advised that there are two vacancies on the Council on Aging. There are no representatives from Northern Califoxnia. He asked that the Board agree to the support Mr, Adams as a representative. The Board to urge the appointment of Mr. Adams to the Council on Aging, 78-2198 COMMUNICATIONS Louise Rluender, county recorder. Mrs. Rluender submits her resignation as county recorder effective December 30, 1978. See motion following communications. Louie Ricci, Chico. Mr. Ricci submits his resignation from the Justice System Advisory Group representing a private agency providing services to adults. Administrative Officer to post vacancy, See motion following communications. Lila Effman, Oroville. Mrs. Effman writes requesting that a building be donated to the W. T. Sherman Relief Corp. Womens' Community Club. Administrative Officer to answer letter. Joseph and Rosenda Schons, Berry Creek. Mr. and Mrs. Schons write appealing the granting of a use permit to Joseph and Ardene H. Miller to allow a nonprofit~school on property zoned A-5 located on the south side of Raccoon Road, approximately one mile east of Rockefeller Road, 1/2 mile south of Bald Rock Road, identified as AP 71-02-61, east of Oroville. Set for hearing December 5, -1978 at 10:00 aom. Sam Hilger, Chico. Mr. Hilger writes appealing the granting of a use permit to Frost Oil Company for the installation of additional fuel storage tanks, etco, located on the northeast corner of Fair and E, 21st Street, Chico, identified as AP 46-201-02, Set for hearing December 5'~l'978 at 10:15 a.m, Page 454, November 21, 1978 November 21, 1978 Paul Ellcessor, Chico. Mr. Ellcessor writes appealing a condition of his certificate of compliance for a single parcel of land, AP 40-09-30, ', north end of Esquan Road, Durham area. Set for hearing December 5, 1978 at 10:30 a.m. ', Karoly Kasza, Paradise. Mr. Kasza writes appealing a condition placed upon his application for a building permit to install curb, ', gutter and sidewalk for AP SZ-08-81, 795 Elliott Road, Paradise. Set for hearing December 5, 1978 at 10:45 a.m. Gridley-Biggs Cemetery District. The District writes requesting that its employees be allowed to join the Butte County employees group insurance plan to be effective December 1, 1978. See L motion following communications. City of Chico. Mg'yor Thorn forwards the City Council's position concerning the utilization of attorney Robaxt G. Boehm's services in guiding BCAG's nonattainment planning efforts. Letter of appreciation to be sent to Mayor Thorn, Region C - Regional Criminal Justice Planning Board. L. H. Casagrande, planning director, sends notification of memberships to the Region C Coordinating Council that will terminate on December 3I, 19780 Mro Casagrade to be given assurance that a Ms will be appointed to the Council a£tex January 8, 1979. Mrs. Katharine Whitney, Chico, Mrs. Whitney writes requesting information with regard to the Sacramento Avenue Assessment District No, 1. Administrative Officer, on the Chairman's behalf, to write a letter to Mrs. Whitney. Northern California Health Systems Agency. The Agency forwards editorial ', changes to their bylaws. Tnformation; no action taken. Arostegui, et al, attorneys at law. The Attorneys, on behalf o£ Julio C. Medina, file a claim fox damages in the amount of $50,000 as a result of damages incurred on October 9, 1978, in Gridley, See motion following coamiunications. Southern Pacific Transportation Company. The Company submits its claim for refund of property taxes in the amount o£ $75,400, plus interest, for the 1977°78 fiscal year. Put over to November 28, for report from Counsel. Senator H. L. Richardson. Senatox Richardson forwards information with '; regard to Air Quality Management plans and their potential affect on life styles within the State of California. Information; i no action taken. 78-2199 ACCEPT RESIGNATION OF LOUiSE KLUENDER, COUNTY RECORDER AND SEND LETTER OF APPRECIATION FOR HER MANY YEARS OF SERVICE On motion of Supervisor Lemke, seconded by Supervisor Madigan and carried, the resignation of Louise Kluender, county recorder, was accepted and;= letter of appreciation is to be sent to her for her many years of service. 78~2~.=: C' AUTHOR'LZE SENDING OF LETTER OF APPRECIATION TO ZOUIE RICCI FOR HIS SERV.CGE ON THE JUSTICE SYSTEM ADVISORY GROUP On motion of Supervisor Lemke, seconded by Supervisor Moseley and carried, a letter of appreciation is to be sent to Louie Ricci for his service on the Justice System Advisory Group. Page 455. November 21, 1978 November 21, 1978 78-2291 AUTHORIZE ADMINISTRATIVE OFFICER TO EXECUTE STANDARA CONTRACT WITH GRIDLEY-BTGGS CEMETERY DISTRICT FOR EMPLOYEES TO JOIN BUTTE COUNTY EMPLOYEES GROUP INSURANCE PLAN TO BE EFFECTIVE DECEMBER 1 1978 On motion of Supervisor Lemke, seconded by Supervisor Moseley and carried, the Adminis trative Officer was authorized to execute the standard contract allowing the Gridley-Biggs Cemetery District to join the Butte County employees group insurance plan to be effective December 1, 1978, 78-2202 REJECT CLAIM - JULIO C. MEDINA ', On motion of Supervisor Lemke, seconded by Supervisor Madigan and carried, the claim of Julio C. Medina in the amount of $50,000 as a result of damages incurred on October 9, 1978 in Gridley was rejected and referred. to Counsel and Risk Management Coordinator. 78-2203 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Chairman Winston acknowledged-the following: Letter from Bob Paulus, fire warden, to Administrative Officer relative to the operation of the Garbo Gap Fire Station and possible consideration next spring at budget hearings. r Letters from Paradise Municipal Advisory Council and Patricia Rellaford relative to the appointment to MAC in place of Harlan Duncan. Letter from Northern California Supervisors. Association requesting the names of the Director and Alternate Director for 1979. Supervisor Lemke appointed Director and Supervisor Moseley appointed Alternate Director for 1979. Administrative Officer to make information available, Quarterly Risk Management Report. Steve Replogle to be complimented on the report. Copy of referral notice from Public Works relative to the petition from residents of Humboldt Road. Recommendations are made against Board policy on snow removal, The Board concurs with recommendation, Chairman Winston announced that on November 28, 1978 at 11;00 a.m, there will be a presentation regarding the data processing facilities management proposals. Mro Nickelson advised that written proposals would be sent to the Board for review and then presentations would be set up if the Board desired. Chairman Winston acknowledged the memo from Wilbur Green, Sacramento. Air Basin regarding lack of representation from counties affected. He concurred. Acknowledge memo from CYA relative to the approval of the application under the County Subvention Justice System. Supervisor Moseley advised that Butte County has good repre- sentation at the Sacramento Air Basin meetingso Same of the other counties never send anyone. Chairman Winston advised that Yee had receiveda.a note from Mr. Castleberry regarding Mro Kasza's request for his building permit now even though he is appealing a condition. Mr. Castleberry suggested that the building permit be issued and that he be required to put the improvements in if the Board makes the decision to require those improve- mentsa Page 456. November 21, 1978 November 21, 1978 78-2204 COMMUNICATIONS CONTINUED Brookman & Hoffman, Sacramento. The Attorneys, on behalf of Helen D. Hinkle, submit a claim as a result of personal injuries in the amount of $100,000 plus medical expenses and earnings loss according to proof. See motion following communications. 78-2205 REJECT CLAIM - HELEN D. HTNKLE On motion of Supervisor Madigan, seconded by Supervisor Moseley and carried, the claim of Helen D. Hinkle in the amount of $100,000 plus medical expenses and earnings lass according to proof was rejected and referred to Counsel and Risk Management Coordinator, 78-2206 REPORT BY SUPERVISOR LEMKE RE: CSAC CONFERENCE IN SAN BERNARDINO Supervisor Lemke reported on the CSAC conference in San Bernardino that he attendedo The major action of the Board of Directors was to ask the state to remove the welfare costs from the property tax roll and leave the welfare control to t oc uthorities. ADJOURNMENT There being nothing furth r before the B and at this time,~t~ie meeting was adjourned at 11:55 a,m, to reconvene Tuesday, N vem r 28, 1978 at 9:00 a,m, ATTEST: CLARK A, NELSON, COUNTY CLERK and ex-officio Clerk of the .~Bu/t~t~e Coun/t'y Board of Supervisor ,~ By c-x-~-~~-C ~~°'~` Cha and of Supervisors Page 457. November 21, 1978