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HomeMy WebLinkAboutM120677December 6, 1977 /~ 3, o0 !t3•a~ ! 13• oZ. ((3.os 4(~ o a ~~ 3. o0 q ~~, o 0 I~~'~~ STATE OF CALIFORNIA couNT~ of BUTTE SS. The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Lemke, Madigan, Moseley, Winston and Chairman Richter. C1if Nickelson, administrative dfficer; Dan Blackstock,.rdounty counsel, and Clark A. Nelson, county clerk by Cathy Pitts, deputy clerk. Pledge of Allegiance to the Flag of the United States of America Invocation by Supervisor Lemke 77-2325 APPROVAL OF MINUTES On motion of Supervisor Madigan, seconded by Supervisor Moseley and unanimously carried, the minutes of November 22, 1977, minute item 77-2264 was corrected to read: that the auditor was directed to release the remaining funds impounded for Louisiana-Pacific. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the minutes of November 29, 1977 were approved as mailed. 77-2326 COPgNNICATIONS Richard B. Brown, Grass Valley. Mr. Brocan requests his recently purchased property containing 100 acres near De Sable Reservoir, AP 5b-23-0-08 and 09 be deleted from TP zoning. Refexxed to Planning Department. John L. Starks, Chico, Nr. Starks appeals conditions two and three pertaining to curbs, gutters and sidewalks, road improvements, drainage and a required fire hydrant on a use permit approved by the Board of Zoning Adjustment for an auto dismantling and storage yard on property identified as AP 46-24-14, 20 and 22, 300 feet south of East Park Avenue, fronting on Fair Street, Chico. Set for hearing December 20, 1977 at 9:30 a.m. Bruno Campostrini, Watsonville. Mr. Campostrini files a petition for variance to provisions of Section 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 25-23-24, west side of Lone Tree Road, 4700 feet from Palermo Road, Oroville. Set for hearing December 20, 1977 at 9:45 a.m. Opal F. (Bates) Stedwell, Oroville. Mrs. Stedwell requests an extension of the appeal period for her parcel map in order to appeal condition five, AP 30-27-41, 3 parcels, east side of Eighteenth Street, 700 feet south of Biggs Avenue, Thermalito. Set for hearing December 20, 1977 at 9:45 a.m. James W. Lenhoff, Oroville. Mr. Lenhoff writes concerning assistance in securing water for the Cherokee area and also concerning zoning for that area. Information, no action taken. City of Oroville. Mayor Sylva writes concerning relief from that portion of the property tax which supports the planning function of the county. Administration=_~: to answer communication. Citizens Advisory Committee for Water. The committee forwards its resolution concerning the formation of a joint exercise of powers agreement with adjoining counties. See motion following communications. Region C, Regional Criminal Justice Planning Board. Mr. Casagrande submits the agency's report concerning Assembly Bill 3121, Cost Tracking and Juvenile Delinquency Prevention Plan. Information; no action taken. Page 109 December 6, 1977 1I3•o~ $3a. da S"a ~• ° ° December 5, 1977 - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Bachman Engineering. The Engineers, on behalf of Mrs. Corrine Waldroop, appeal the Planning Commission's denial of a rezone from SR-1 to SR for Verde Vista Subdivision. Continued to later in the meeting. City of Chico. The City writes asking" for an'<extenson'=of'-time in order to further study the Bidwell Park site for the Chico-County library. See motion following communications. V.F.W., Mare Billie Post No. 2039, Paradise. The organization submits the name of 3ames E. Serafine for appointment to the Paradise Ha11 Committee. See motion following communications. 77-2327 ACCEPT RECOMMENDATIONS OF THE CITIZENS ADVISORY COM[~LCTTEE FOR WATER On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried., the recommendations of the Citizens Advisory Committee for water were„accepted. 77-2328 ADOPT RESOLUTION 77-i86: NOTICE OF INTENTION TO PURCHASE EAST FIRST AVENUE SITE FOR CHICO-COUNTY LIBRARY SETTING PUBLIC HEARING DATE OF JANUARY 17, 1978 AT 9:30 A.M. a. Discussion of the Chico-County library sites had at this time. Discussion open to the public. Appearing: 1. Jim Lynch, Greater Chico Chamber of Commerce. Mr. Lynch stated that the City of Chico ;.was requesting additional time so that the park site could be considered. Mr. Lynch stated that the Chamber of Commerce had recommended the East First Avenue site but had not studied the park site. Mr. Lynch stated that the Chamber would be happy to do a study on the park site if this is what the Board wanted. 2. Jo Terry, librarian. Mrs. Terry stated that the only thing she was concerned with was the size of the lot and the availability of parking. Discussion closed to the public and confined to the Board. On motion of Supervisor Madigan, seconded by Supervisor Winston and unanimously carried, Resolution 77-186 giving notice of intention to purchase the East First Avenue site for the Chico-County Library and setting a public hearing date of January 17, 1978 at 9:30 a.m. was adopted and the Chairman authorized to sign. 77-2329 PUBLIC HEARING: TONY L. AND MONTKA L. JOHNSON - PETITION FOR VARIANCE TO PROVISIONS OP SECTION 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME AT ROUTE 2, BOX 2741-D, LONE TREE ROAD, OROVILLE, AP 25-22-27 The public bearing on the Ton~~~ L. and Monika L. Johnson petition for variance to provisions of Section 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at Route 2, Box 2741-D, Lone Tree Road, Oroville, AP 25-22-27 was held as advertised. Lynn Van Hart, Environmental Health, stated that the petition was in order. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. Page 110 December b, 1977 December 6, 1977 On motion of Supervisor Moseley, seconded by Supervisor Madigan and unanimously carried, the petition for variance to provisions of Section 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at Route 2, Box 27~r1-D, Lone Tree Read, Oroville, AP 25-22-27 for Tony L. and Monika L. 3ohnson was approved for a period of one year. 77-2330 BENY APPEAL - PUBLIC HEARING: FRAi~IK LUDLOW - ENVIRONMENTAL IMPACT REPORT AND USE PERMIT TO ALLOW THREE 5-UNIT APARTMENT BUILDINGS ON PROPERTY ZONED "A-R" (AGRICULTURAL-RESIDENTIAL) LOCATED ON THE WEST SIDE OF SAWMILL ROAD, APPROX. 350 FEET S00"TH OF BILLE ROAD, IDENTIFIED AS AP 53-15-155, 156 & 157, PARADISE The continued hearing on the Frank Ludlow environmental impact report and use permit to allow three 5-unit apartment buildings zoned "A-R" (agricultural-residential) located on the west side of Sawmill Road, approximately 350 feet south of Bille Road, identified as AP 53-15x155, 156', and 157, Paradise was held as continued. Mr. Ludlow has requested that the matter be cancelled. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, the appeal of Frank Ludlow was denied. 77-2331 APPOINTMENT TO THE PARADISE MEMORIAL HALL COMMITTEE On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, ,lames E. Serafine was appointed a member of the Paradise Memorial Hall Committee. 77-2332 REFER BACK TO ADVISORY AGENCY - NORMAN A. •Si~TH PARCEL MAP FOR REHEARING AT NO ADDITIONAL COST TO APPLICATLON. Supervisor Winston stated that the area Mr, Smith is wanting to divide has been heavily developed. Supervisor Winston stated that he made a count of the houses on Kathy Line, Clay Castleberry, public works director, stated that there is a drainage problem in the area. The division would not make': the situation any worse. Mr. Castleberry stated that he was trying to get proposals for the design on a drainage system in the area. Chairman Richter stated that there is a drainage,problem in the area and could not see how the board could approve the deletion of the condition. Discussion of the fees that have been collected for drainage had at this time. Some of the fees were used for Lassen Avenue district and the fees have been collected for about three years. It was moved by Supervisor Winston, secanded by Supervisor Moseley that the board reconsider the decision on the Norman A, Smith appeal; and uphold the appeal and delete condition ~~lO. Motion withdrawn. On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, the Norman A. SSnith appeal of the drainage condition and parcel map was referred back to the Advisory Agency for rehearing as a new submittal at no cost to the applicant. AYES: Supervisors Lemke, Mc~s'eley and Winston. NOES: Supervisor Madigan. ABSTAINING: Chairman Richter. 77=2333 PUBLIC HEAR3'NG: CONSIDERATION OF NEGATIVE DECLARATION FOR THE Rr'.COPISTRUCTION OF THE SKXWAY FROM WOODWARD AVENUE TO STEIFFER ROAD PARADISE The public hearing an the consideration of a negative declaration for the reconstruction of the Skway.~rom Woodward Avenue to Steiffer Road, Paradise was held as advertised. December 6, 197.7 Page 111 December 6, 1977 kiearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, that althought the proposed praject could have a significant effect on the environment, there will not be a; significant effect in this case because the mitigation measures described below have been added to the project and the negative declaration was declared: 1. Fill banks shall be seeded with grass to prevent erosion. 2. The existing trees shall be preserved where feasible. 3. Dust control measures shall be employed during construction. Suggested mitigation measure: 1. Tn the event construction activities uncover archaeological resources not observable during surface inspection of the property, a professional archaeologist should be contacted;-;mmed~;.ately. 77-2334 PUBLIC HEARING: WESLEY .T. BARNUM - APPEAL DETERMINATION OF THE ENVIRONMENTAL REVIEW DIRECTOR THAT AN ETR IS REQUIRED ON REZONE FROM "R-1 A&C11 (SINGLE FAMILY RESIDENTIAL, ARTS AND CRAFTS) TO "PA-C" (PLANNED AREA-CLUSTER} PROPERTX LOCATED ON THE EAST SIDE OF Pk"~]a TZ~MAGALIA HWY. APPROX 1,000 FEET NORTH O:E FICKETT LANE, IDENTIFIED AS AP 53-27-07 ANA U8, CONTAINING 3.0 ACRES, MORE OR LESS, PARADISE The public hearing on the Wesley .7. Barnum appeal determination of the Environmental Review Director that an ETR is required on rezone from "R-1 A&C" (single family residential, arts and crafts) to "PA-C" (planned area-cluster) property located on the east side of Pentz-Magalia Hwy. approximately 1,000 feet north of Fickett Lane, identified as AP 53-27-07 and 08, containing 3.0 acres, more or less, Paradise was held as advertised. Earl. Nelson, environmental review director, set out the background of the appeal= The EIR was determined to be necessary. This was a border line. case. The main concerns were traffic, drainage and the change in the character of the neighborhood. Hearing open to the public. Appearing: 1. Raymond A. Leonard, appearing for the applicant. Mr. Leonard stated that a negative declaration should be prepared for the project. Mr. Leonard set out the comments to the environmental review requirements. There is a need in the community of additional doctors. The hospital advisory council did a survey in the Paradise area and this was brought out. Mr. Leonard stated that the project would not have a significant effect on the environment. Iir. Leonard stated that the reason that an EIR was required was because there was opposition at the Planning Commission hearing and the fact that part of the opposition was based upon the feeling that the hospital had a master plan and this was only part of the plan. Mr. Leonard set out how the misunderstanding came about. If the land is developed in the future then an EIR should be developed. At the present, the hospital has no plan for the property. Mr. Leonard stated that the property is owned by the hospital and that Mr. Barnum will be financing the buildings. This is being done on a lease basis. Mr. Leonard stated that there is a doctor's office across the street from the hospital. Mr. Leonard stated that many of the questions in the study are strictly mechanical problems that are requirements on a development and that are handled such as drainage and septic. There is already an existing facility in the area. Therefore, a negative declaration should be adopted. Page 112 December 6, 1977 December 6, 1977 RECESS: 10:52 a.m. RECONVENE. 11:00 a.m. 2. John Lanam, President:, Feather River Hospital civic advisory council. Mr. Lanam stated that a negative declaration should be required. Mr. Lanam set out the activities of the council at this time. 3. Dr. Walter Sonntag. 'D.r. Sonntag stated that he was required to have an EIR on the property across the street from the proposed project. His property is being used for the same purpose that is being proposed for this property. Dr. Sonntag stated that he has been unable to sell or rent his complex to other doctors and that there is no need for such a facility. Dr. Sonntag stated that an EIR should be required. Dr. Sonntag stated that there is a drainage problem in the area. This project will increase this problem. Ar. Sonntag set out the way that his drainage problem was solved. Dr. Sonntag stated that this project is a small part of the overall plan of .the hospital. A11 of the projects on the 125 acres addressed on the master plan may have an accumulative effect and should be considered at this time. 4. Lucy Flood. Mrs;. Flood stated that she was opposed to the project. Mrs. Flood set out the problems the neighborhood had in getting the area zoned the way it now is. zoned. Mrs. Flood stated that an EIR was required as this was a residential area. 5. Harlan Duncan. Mr. Duncan stated that 99 people living in the area protested because of the traffic and possible drainage effects. 6. Roy Horne. Mr. Horne stated that he had made a telephone survey and that there were sufficient doctors in the area note. Mr. Horne stated that an EIR should be required. Mr. Horne stated that there are traffic problems on Pentz-Magalia Highway: Mr. Horne submitted a petition to the Chairman. Hearing closed to the public and confined to the Board. Supervisor Winston stated that MAC recommended that an EIR be required on the basis of the opposition to the project. Supervisor Winston stated that he failed to see where the Environmental Review Department had demonstrated a need for the EIR. Tt was moved by Supervisor Lemke, seconded by Chairman Richter that bases on the information; based on the recommendationoof staff, the Planning Commission, and MAC an EIR is required on the project. AYES: Supervisor Lemke and Chairman Richter. NOES: Supervisors Madigan, Moseley and Winston. Motion fails. On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, finding that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described below have been added to the project and a negative declaration be adopted with the findings that the impacts noted on the checklist are not of a major nature and-the mitigation measures outlined do in fact mitigate any adverse effects: 1. Drainage facilities to accommodate the increased storm water runoff must be designed and built in accordance with the requirements of the Butte County Department of Public Works. Page 113 December 6, 1977 December 6, 1977 J2. A leff=turn lane shall be constructed to provide safer access to the medical offices from Pentz-Magalia Highway. 3. The existing trees shall be preserved as shown on the submitted plot plan. 4. Building foundations and design standards should be in accord with the Chapters 23 and 70 of the Uniform Building Code. Chapter 23 relates to earthquake design standards and Chapter 70 relates to excavation and grading. 5. Energy conservation measures should be included in the design and operation of the buildings. Thermal paned windows, insulation in excess of code requirements, and energy-efficient heating and cooling systems are feasible alternatives. RECESS: 12:00 p.m. for ground breaking ceremonies at the new County Administration Building. RECONVENE: 1:15 pam. 77-2335 PUBLIC HEARING: FEATHER RIVER HOSPITAL - NEGATIVE DECLARATION AND USE PERMIT TO ALLOW ACCOUNTING, BUSINESS AND PCRSONNEL OFFICES FOR FEATHER RIVER HOSPITAL ON PROPERTY ZONED "R••1 A&C" (SINGLE FAMILY RESIDENTIAL, ARTS AND CRAE~S) LOGATED APPROX. 250 FEET EAST OF PENTZ-MAGALIA HWY., APPROX. 110 FEET NORTH OF RIVER VIEW DRIVE IDENTIFIED AS AP 54-21-101 PARADISE The public hearing on the Feather River Hospital negative declaration and use permit to allow accounting, business and personnel offices for Feather River Hospital on property zoned "R-1 A&C" (single family residential, arts and crafts) located approximately 250 feet east of Pentz-Magalia Hwy. approximately 110 feet north of River View Drive, identified as AP 54-21-101, Paradise was held as advertised. Earl Nelson, environmental review director, set out the background of the negative declaration. Hearing on the negative declaration open to the public. Appearing:Leonard Coy, administrator, Feather Raver Hospital. Mr. Coy set out the background of the use permit. This is to allow accounting, business and personnel offices. Hearing closed to the public and confined to the Board. On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, finding that the proposed project could not have a significant effect on the environment, and an negative declaration was recommended. Hearing on the project open to the public. Appearing: Na one. Hearing closed to the public and confined to the board. On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, finding a negative declaration has been declared the use permit was approved. 77-2336 PUBLIC HEARING: FRANK PEASE - APPEAL DENIAL OF TENTATIVE PARCEL MAP, AP 71-07-23, 4 PARCELS NORTH SIDE OF PONDEROSA WAY, APPROX. 3 MILES EAST OF ORO-QUINCY ROAD. BERRY CREEK.- CONTINUED TO JANUARY 17, 1978 at 9:45 a.m. The public hearing on the Frank Pease appeal of denial of tentative parcel map, AP 71-07-23, 4 parcels, north side of Ponderosa Way, approximately 3 miles east of Oro-Quincy Road, Berry Creek was held at this time. There is a request to have the matter continued. Page 114 December 6, 1977 December 6, 1977 J ' The hearing was continued to January 17, 1978 at 9:45 a.m. 77-2337 PUBLIC HEARING: CONSIDERATION OF INCREASING TRANSIENT OCCUPANCY TAX FROPi 5% TO n% TO BECOME EFFECTIVE JANUARY 1,__1978 The public hearing on the consideration of increasing the transient occupancy tax from 5% to 6% to become effective January 1, 1978 was held as advertised. Hearing open to the public. Appearing: 1. ?Mary Nevins, Paradise Chamber of Commerce. Ms. Nevins stated that the increase should not be made unless the money is allocated to go back to the communities for tourist and a visitor center. T A visitor and information bureau should be established. 2. Jae Synder, Colonial i. Motel, Paradise. Mr. Synder stated that it was his belief that the bed tax was to go back to the communities when it was established several years ago. Discussion of the money allocated to the Chambers of Commerce and the Development Commission had at this timed Hearing closed to the public and confined to the board. It was felt that more information was necessary on the matter. Biggs and Gridley do not collect a motel tax. On:~motion:.of Supervisor ,Winston:;,~seconded by'Saperai§or-Lemke and unanimously carried, the hearing was continued to January 10, 1978 at 11:00 a.m. 77-2338 ADOPT RESOLUTION 77-187: PUBLIC HEARING: STATE TV CABLE - CONSIDERATION OF RESOLUTION AMENDING SUBSCRIBER RATES FOR CATV SYSTEM WITH REFERENCE TO COPYRIGHT ACT OF 1976 TO BE IMPOSED AS OF JAiWARY 1, 1978. The public hearing on the State TV Cable consideration of a resolution amending subscriber rates for CATV system with reference to Copyright Act of 1976 to be imposed as of January 1, 1978 was held as advertised. Hearing open to the public, Appearing: John Martin,-State TV Cable. Mr. Martin stated that the increase would be about $,10 per month per subscribex. Mr. Martin set out the background of the old copyright law. Under the old law cable TV was not subject to copyright liabilities. Under the new law they will be subject to copyright liabilities. Hearing closed to the public and confined to the board. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, Resolution 77-187 amending subscriber rates for CATV system with reference to copyright act of 1976 was adopted and the Chairman authorized to sign. 77-2339 PUBLIC HEARING: B. .TACK BOTTOM - APPEAL OF CONDITIONS OF CURBS, GUTTERS Ai~ID SIDEWA"LKS ON TENTATIVE PARCEL MAP, AP 3b-bb-O1, 4 PARCELS, SOUTHEAST COR~^IER OF LAS PLUMAS AVENUE AND HEARST AVENUE, OROVILLE The public hearing on the B. Jack Bottom appeal of conditions of curbs, gutters and sidewalks on tentative parcel map, AP 3fi-bb'=:01, 4 parcels, sautheast corner of Las Plumes Avenue and Hearst Avenue, Oroville was held at this time. Clay Castleberry, public works director, set out the background of the appeal. Page ll5 December 6, 1977 December 6, 1977 ^ Hearing open to the public. Appearing: B. Jack Bottom. Mr. Bottom stated that he was wining to put the improvements iL1 on Las Plumas Avenue but that Hearst Avenue was a gravel road. Hearing closed to the public and confined to the board. It was moved by Supervisor Moselay, seconded by Supervisor Lemke that the condition for curbs, gutters and sidewalks be deleted on Hearst Avenue and Las Plumas Avenue. AYES: Supervisors Lemke and Moseley. NOES: Supervisors Madigan, Winston and Chairman Richter. Motion fails. On motion of Supervisor Winston, seconded by Supervisor Madigan and carried, the appeal was denied. AYES: Supervisors Madigan, Winston and Chairman Richter. NOES: Supervisors Lemke and Moseley. 77-2340 PUBLIC HEARING:-STATUS REPORT OF AGRICULTURAL ADVISORY COMMITTEE COTdCERNING SUSPECTED HERBICIDE_DAMAGE IN THE DURHAM-DAYTON AREA -_ A public hearing on the status report of the gricu tura Advisory Committee concerning suspected herbicide damage in the Durham- Dayton area was held at this time. Hearing open to the public. Appearing: 1. George Worth. Mr. Worth read the report to the Board concerning suspected herbicide damage in the Durham-Dayton area. The committee made a motion to initiate a program of research investigation in regard to the effects of MCPA on almonds, pistachios, and kiwis in the Durham-Dayton area while supporting the existing program of herbicide application under direction of Butte County Agricultural Department. Mr. Wirth stated that there is damage. The committee has asked for a research program from the University of California, Davis. 2. Emily Fortier. Mrs. Fortier made a presentation to the Board and presented copies for each board member. Mrs. Fortier referred to the booklet, Information regarding herbicide drift from rice field applications, compiled November 16, 1977, by Stanley Fortier Ranch in her presentation. 3. Dan Hutfless, Stutzman Orchards. Mr. Hutfless made a gresentation to the board and presented copies for the board members. Mr. Hutfless asked that the board adopt a resolution instructing the agriculture commissioner and air pollution officer to follow the State regulations, and that MCPA be banned from further use in Butte County from May 15 to July 25 of each year. Joe Carlile, agriculture department, stated that there was damage to the pistachio trees in Mr. Hutfless orchard. The office is working on the solution to help prevent this in the future. Mr. Carlile stated that he hoped that there would be permit restrictions by the first of the year. Mr. Carlile set out the number of permits issued for the use of MCPA in the county at this time. 4. Stanley Fortier. M~. Fortier stated that he had requested copies of the permits for use of MCPA from the agricultural department. Mr. Fortier stated .that he would like the board to request that Mr. Bandy Page 116 December 6, 1977 . December 6, 1977 furnish him with the information. Dan Blackstoek, county counsel, set~:out the Public Records Ar_t at this time. An individual can go into any public office and request to see those records. The office is not obligated to do the research for the individual. Copies of information will be made for the individual for a fee. On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, the report of the Agricultural Advisory Crnnmittee was accepted regarding comments on MCPA while supporting the existing program under the direction of the Butte County Agriculture Department. RECESS: 3:15 p.m. RECONVENE: 3:20 p.m. 77-2341 CONTINUED PUBLIC HEARING: RODNEY KOPSA - APPEAL CONDITIOrI OFtE OF TEDITATIVE PARCEL MAP, AP 54-17-33, TWO-LOTS, SOUT`ti SIBS flF PEARSON ROAD, 200 FEET WEST OF EDGEWOOD LANE, PARADISE The continued public hearing on the Rodney Kopsa appeal of condition one of tentative parcel map, AP 54-17-33, two lots, south side of :Pearson Road, 206 feet west of Edgewood Lane, Paradise was held at this time. Hearing open to the public. Appearing: Phil Mace, representing Mr. Kopsa. Mr. Mace stated that urban improvements were applied to the parcel map and the map is outside the urban area of Paradise. Hearing closed to the public and confined to the board. On motion of Supervisor Winston, seconded by Supervisor Lemlce and carried, the appeal of condition one was upheld. 77-2342 DISCUSSION: RECOr~rTDATI0N5 OI' THE BOARD REGARDING THE EXECUTIVE SESSION HELD ON NOVEMBER 29, 1977 Discussion of the recommendations of the board regarding the executive session held to consider the allegations of misconduct made against the top administration of the Butte County Welfare Department. was held at this time. Supervisor Winston stated that an individual from the Welfare Office had applied for another job with. the department and was told that they had better stop making trouble. Jim Rackerby, personnel director, stated that the individual was in the Personnel Office and the comment had not been made. There were several people around during the discussion with the individual. The matter was continued to December 20, 1977. 77-2343 APPROVE GRANT MODIFICATION OF TITLE I GRANT On motion of Supexvisox Winston, seconded by Supervisor Madigan and unanimously carried, the grant modification of Title I Grant in order to reclassify the existing adult work experience to a temporary help, public service employment status with the grant allocation being adjusted by $36b from $1,083,432 to $1,083,798 with the final rates to be adjusted in accordance with minimum wage was approved and the Personnel Director authorized to sign. Page 117 December 6, 1977 December 6, 1977 77-2344 APPROVE ADMINISTRATIVE OFFICE ITEMS On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried,-the following administrative office items Caere approved: 1. Approved grant modification of Title II Grant necessary because of reprogramming requirements by the U:S. Department of Labor, with no change in the grant amount and lower planned performance levels from 86 to 78 positions .,and the Personnel Director authorized to sign. 2. Approved Grant modification of Title VI Grant necessary by the U.S. Department of Labor because of reprogramming of lapse funds reg:iirements changing planned project slots from 280 to 350 and adds $2,546 as an adjustment in the-final allocations from U,S. Department of Labor; with the grant allocation also adjusted from $4,855,531 to $4,857,987 and the Personnel Director authorized to sign. 77-2345 WAIVE FIRST READING OF SALARY ORDINANCE AMENDMENT Jim Racker'by, personnel director, set out the background of the salary ordinance amendment. The ordinance in its present form should be changed to include a housing inspector at range 22.5 and make the position a flexible hiring of either a sanitarian or .inspector. One position of senior sanitarian should be reduced to sanitarian II. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the first reading o£ the salary ordinance amendment was waived with the addition of a housing inspector at range 22.5 and malting a flexible hiring of a sanitarian or inspector and the reduction of a senior sanitarian to sanitarian II. 77-2346 DISCUSSION AND CLARIFICATION OF POLICY - WELFARI; BRANCH OFFICE SUPERVISIOPi Discussion and clarification of the policy regarding the Welfare Branch Office supervision was held at this time. It is the board's policy that no new positions are to be created. The board does not intend to add additional personnel. 77-2347 APPROVE UNEMPLOY~NT INSURA,+TCE SERVICES CONTRACT On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, the unemployment insurance services contract with Reed, Roberts Associates, Inc. through CSAG was approved and the Chairman authorized to sign. 77-2348 APPROVE ADMINISTRATIVE OFFICE ITEMS On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, the following administrative office items were approved: 1. Approved the purchase of a vacuum cleaner at an estimated cost of $150 for building and grounds maintenance and transfer of funds from the reserve. 2. Approved the purchase of a Bruning rolling map stand at the cost of $225 for the Recorder and approved transfer of funds from office expense, 77-2349 ADOPT RESOLUTION 77-188: AUTHORIZING PRESIDING JUDGE TO SUBMIT GRAi~TT APPLICATION FOR CRII'~1INAL JUSTICE :. LEGAL RESEARCH ASSISTANT PROGRAM On motion of Supervisor Lemtce, seconded by Supervisor Winston and unanimously carried, Resolution 77-188 authorizing the Presiding Judge to submit grant application for Lega'1~Research Assistant program for the Page 17.8. December 6, 1977 December 6, 1977 period February~l, 1.978 to January 31, 1979 was adopted and the Chairman authorized to sign. 77°2350 APPROVE BUTTE COUNTY FAIR CONTRACT FOR OPERATION OF THE FAIR LhYD FAIR FACILITIES FORA PERIOD OF FIVE YEARS BEGINNING JANUARY 1, 1978 AND ENDING DECII~ER 31, 1982 On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the Butte Caunty Fair contract fox operation of the fair and fair facilities for a period of five years beginning January 1, 1978 and ending December 31, 1982 was approved and the Chairman authorized to sign. 77-2351 APPROVE PUBLIC DEFENDER CONFLICT_OFTNTEREST CONTRACT On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, the public defender conflict of interest contract between the county and Roger Gilbert and Joe VanDervoort for a period of 18 months with a six month extension provision at a cost of $2,500 per month, to become effective January 1, 1978 was approved and the Chairman authorized to sign. 77-2352 DISCUSSION OF RISK MANAGEMENP AUDIT PREPARED BY THE FIRM OF WARREN, McVEIGH AND GRIFFIN CONTINUED TO DECEMBER 20, 1977 T-he discussion of the risk management audit prepared by the firm of Warren, McVeigh and Griffin was continued to December 20, 1977. 77-2353 APPROVE BUDGET TRANSFERS On motion of Supervisor Lemke, seconded by .Supervisor Madigan and unanimously carried, the following budget transfers were approved: B-66 Chico Municipal and Paradise 3ustice Courts. Within Municipal Chico Court transfers $300 from rents and leases of equipment to fixed assets and within Paradise Justice Court transfers $300 Exam professional and specialized services to fixed assets to provide the necessary appropriations to allow the purchase of pagers for various courts in accordance with the equipment purchases an November 29, 1977; Minute Order 77-2282. B=67 Public Works - Road Construction. Transfers $1,502.90 from the road reserve to the Cedar Street widening project to provide an appropriation to cover the widening of Cedar Street in conjunction with a commercial development that was approved by the Board of Supervisors on November 29, 1977; Minute Order 77-2300. 77-2354 ADOPT CHANGES REFLECTING LARGER AREAS _- CHAP~?ANTOWN BOUNDARIES -- HCD PROJECT On motion of Supervisor Lemlce, seconded by Supervisor Winston and unanimously carried, the changes reflecting larger areas for Chapmantown boundaries for the HCD project were adopted. 77-2355 AUTHORIZE RET.9INING ROLLS, ANDERSON AND ROLLS FOR FEASIBILITY OF SEt~IER I?V CHAPMANTOWN HCD PROJECT On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, the Administrative Office was =:authorized to retain Rolls, Anderson and Rolls for a feasibility study of sewer in Chapmantown HCD project. 77-2356 APPROVE HEALTH SERVICES AGENCY ITEMS On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously cafried, the following Health Services Agency items were approved: Page 119 " December 6, 1977 December 6, 1977 1. J Approved an amendment to the current Family planning services contract with the State Deparment of Health which will enable the county to accept an additional income of $20,000. 2. Approved Do-Tt Leisure Cooperative contract in the amount of $9,600 to provide special socialization activities for chronically mentally disordered persons living in board and care homes for a period from September 1, 1977 through May 31, 1978. 77-2357 ADOPT RESOLUTION 77-189: NOTICE OF INTENTION TO SELL 26 PARCELS AT A Y4INIMUM PRICE OF $260 PER PACKAGE OR $10 PER PAi2CEL DEDUCTION PER REllEE~TTON On motion of Supervisor Winston seconded by Supervisor Madigan and unanimously carried, Resolution 77-189 giving notice of intention to sell 26 parcels was adopted and the Chairman authorized to sign. 77-2358 APPROVE LETTER OF APPRECIATION FOR MRS. .JOHN RAVEKES TOR HER COMMUNITY LEADERStIIP AND BEAUTIFICATION EFFORTS TN DURHAM Onimotion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, a letter of appreciation for Mrs. John Ravekes for her community leadership and beautification efforts in Durham was approved. 77-2359 APPROVE PUBLIC WORKS ITEMS On motion of Supervisor Lemlte, seconded by Supervisor Winston and unanimously carried, the following public works items were approved: 1. Authorized building permit telephone service for Conco~a. 2. Waived the first reading of the ordinance establishing speed limits on roads in Thermalito area. 3. Authorized culvert extension For Skyway widening project. 4. Accepted .improvements and authorized release of $17,850 and retention of $5,950 (25%) in lieu of one-year maintenance bond and hegira one-year maintenance period for Mountain Park Subdivision Unit No. 1. 5. Approved Shasta Park Subdivision final map, accepted affer of dedication for roads, public utility easements and drainage easements, and authorized the Chairman to sign the subdivision agreement. 6. Approved Rancho DeThundex Unit No. 1 final subdivision map, accepted affer of dedication for roads, public utility easements and drainage easements, and authorized Chairman to sign the subdivision agreement. 77-2360 DISCUSSION: RUSS DARLING PARCEL MAP DRAINAGE TN CHICO OPPOSITE VALLOMBROSA AVENUE FROM PARK The discussion of the Russ Darling parcel map drainage in Chico opposite Vallombrosa Avenue from park was had at this time. Clay Castleberry, public works director, stated that the city of Chico said that they could not approve of drainage into the park. The parcel is already draining into the park and there would only be a slight increase in the drainage. On motion of Supervisor Madigan, seconded by Supervisor Winston and unanimously carried, the Russ Darling parcel map was approved. 77-2351 REPORT ON MEETING REGARDING DAYTON-DURHAM AND McANARLIN ROAD Clay Castleberry, public works director, reported on the meeting regarding Dayton-Durham and McAnarlin Road. There have been suggestions Page 120 December 6, 1977 December 6, 1977 for changes inftheJarea. The committee have second thoughts about removing trees. CALTRANS prefer that lights be placed only at a full stop ahead. Mr. Castleberry stated that he would like three sets of strips in the road. 77-2362 ADDITIONAL MATTER PRESENTED BY PUBLIC WORKS Clay Castleberry, public works director, stated that the State Energy Commission are going to postpone the new Taws. 77-2363 MOTION OF INTENT: AUTHORTZE PREPARATION OF STORM DRAINAGE MASTER PLAN PROPOSALS FOR THERMALITO PARADISE AND CHICO-VECINO WEST OF ESPLANADE Clay Castleberry, public works director, set out the drainage problems in the different areas of the county. Mr. Castleberry stated that the county needs to get started in the areas. On motion of Supervisor Winston, seconded by Supervisor Lemlce and unanimously carried, a motion of intent to authorize the preparation of storm drainage master plan proposals in Thermalito, Paradise, and Chico-Vecino west of Esplande to the extend of $85,000 total; funds to be devised from the development funds that are from revenue sharing funds that the money would be reimbursed to the fund as the development in the are took place; and authorized counsel to put into contract form; was adopted. 77-2364 DISCUSSION: INTERIMS TM-5 (TIMBER MOUNTAIN, 5~„ACRE PARCELS) PROPERTY LOCATED NORTHES.AST OF CHICO, EAST OF BRUCE ROAD, SOUTHEAST OF DOE MILL RIDGE, SOJTH OF DeSABLA, WEST OF PARADISE, MAGALTA, PARADISE PINES, NIMSIiEW RIDGE, NORTIi OF SICYWAi', AND NORTH AND WEST OF THE EAST BUTTE CREEK CANYON BLUFF LINE. Jim Lawson, planning director, stated that the interim is due to expire January 11, 1978. The interim cannot be extended.. The permanent zoning in in the environmental review process at the present time. 77-2365 CLARIFICATION OF MINUTES OF NOVEt4BER-2~2, 1977; MINUTE ORDER 77-2207 DON LeFORCE USE PERMIT It was•~the intention of the Board that the condition regarding the fence, condition dkl, be deleted from the Don LeForce use permit. 77-2366 REPOlYC - PLANNING COP?~KISSION REGARDING LIMITED BURNING IN CHICO URBAN AREA Jim Lawson, planning director, stated that the Planning Commission referred the limited burning back to the Limited Burning Committee for further study. They were not satisfied with the boundary. The commission felt that the area was too large. 77-2367 REJECT CLAIM - REPORT TO BOARD CONCEIL~TING CLAIM OF KEIQ L. BUSHMAN Dan Blackstock, county counsel, stated that the claim of Ken L. Bushman should be rejected on the basis that it was a late claim. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the claim of Ken L. Bushman was rejected on the basis that it was a late claim and referred to counsel and the insurance carrier. 77-2368 ADOPT ORDINANCE 1890: ORDINANCE PROHIBITING INTERFERENCE WITH EXISTING WATER COURSES S+~THIN THE B(1UVDARIES OF COUNTY SERFICE AREA 26 On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, Ordinance 1$90 prohibiting interference with existing Eaater courses Within the boundaries of CSA 26 was adopted and the Chairman authorized to sign, Page 121. ~- December 6, 1977 December b, 1977 77-2369~ADDITIONAL MATTER PRESENTED BY COUNSEL Dan Blackstock, county counsel, stated that the board should be vary careful before they change the environmental review appeal procedures. The appeal of the EIR itself is not necessarily the best answer. Discussion regarding the formation of the Board of Zoning Adjustment and the Subdivision Committee had at this time. Chairman Richter stated that the Planning Commission could devote their time to the general plan and the updates. This is a much. better system. Chairman Richter stated that the Board of Zoning Adjustment should be asked to come to the board meeting. Discussed; no action taken. 77-2370 APPOl'PTTME~]iTS - CITIZENS ADVISORY TASI; FORCE FOR THE BUTTE COUriTY GENERAL PLAN HOUSING ELEMENT UPDATE, On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the following persons were appointed a members of the Citizens Advisory Task Force for the Butte County General Plan Housing Element Update: Ruth Sheldon Ron Graves Leon Quainter 77-2371 DISCUSSION: APPOINTMENT TO PARADISE MUNICIPAL ADVISORY COUNCIL (MA.C) Supervisor Lemke stated that Nancy Epperheimer had resigned from MAC before the election. Mrs. Epperheimer had filed her papers and she withdrew from the election to late to get off the ballot. There is a position open on MAC. Administration Office to post :vacancy. 77-2372 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Winston stated that he had attended a revenue and taxation meeting. Supervisor Winston stated that the home owners property tax relief was the topic. The League of California Cities as well as the Supervisors Association support the change in the law. The recommendations presented to the legislature will be for the removal of the health and welfare and medical AFDC from the property tax roll. The capitalization rate will be about 8% per year because of the increased values. This will apply to only home owners. The committee agreed that the efforts on behalf of the home owner tax relief will be mute if the referendum is successful. Supervisor Winston stated that he had received a clipping from the newspaper regarding the prosecutions by the district attorney's office of land developers and failure to obtain a public report. Supervisor Winston stated that he would like to get same ans~,rers to his questions to the district attorney. Supervisor Madigan stated that he would obtain the answers for Supervisor Winston if he would like itim to. Supervisor Madigan stated that the Nine Northern Counties Board had a paper on 346. This matter is to be put on the agenda for December 13, 1977 for discussion by the board. Supervisor Madigan stated that he would like the material he had received from Mr. Putkee regarding CURES submitted to counsel for an opinion. Page 122. December 6, 1977 December 6, 1977 77-2373 INCLUDE CONDITIONS OId FEATHER RIVER HOSPITAL USE PERMIT FROM MINUTE ORDER 77-2335 On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously caxried, the following conditions were placed on the Feather River Hospital use permit: 1. Provide off-street parking ratio: one space per 300 sq. ft. of gross floor area (minimum lO' x 20' per space) designed in accordance with attached standards. 2. Deed 40 ft. right-of-way from the proposed centerline of Pentz-Magalia Hwy. to the County of Butte. Applicant must also comply with al.l other applicable State and local statutes, ordinances and regulations.. 77-2374 SET PUBLIO HEARING DATE: A ,,,''Acpublic hearing date of January 3, 1977 at 10:00 a.m. *aas set for consideration of Verde Vista Subdivision appeal of rezone. EXECUTIVE SESSION: The board recessed at 4:40 p.m. to hold an executive :;session regarding Myers, Miles and Brown. RECONVENE: Theiboard reconvened at 4:55 p.m. following an executive session and instructed the negotiator in regards to management. ADJOURNMENT There being nathing further before the board at this time, the meeting was adjourned at 4:57 p.m. t~reconvene on Tuesday, December 13, 1977 at .9:00 a.m. ATTEST: CLARK A. NELSON, COITNTY CLERIC s~'~~ ~ Chairman, Board of Supervisors Page 123. December o, 1977 r ..