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HomeMy WebLinkAboutM121179December 11, 1979 79= STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:30':a.m. pursuant to adjournment. Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke Clif Mickelson, administrative officer; Dan Slackstock, county counsel; and Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board ledge of Allegiance to the Flag of the United States of America Invocation by Supervisor Moseley ':1981 APPROVAL OF MINUTES 1982 On motion of Supervisor, Wheeler, seconded by Supervisor Winston and unanimously carried, the minutes of December 4, 1979 were approved as mailed. PREPARATION OF PLANS AND SPECS FOR It was moved by Supervisor Wheeler, seconded by Supervisor Winston that plans and specifications for Administration Building draperies be approved and $35,000 be appropriated from the unallocated revenue sharing. Supervisor Dolan stated that she had received more information this item. She would like more information about the contingency fund. Gerald Lively, deputy administrative officer, stated that the drapes were planned. It was not a priority item. If there were funds remaining in the two accounts, they were planning to use it for drapes. The first day they moved into the building there was a heating problem . This had created the situation of where they cannot wait on the drapes. Since EDA is funding the building, they cannot take money out for the drapes until they clear the project. He is requesting funds from revenue sharing and if there are remaining funds revenue sharing would be reimbursed. It might be a wash. There are adjustments for the furniture in the amount of about $6,000. Mr. Lively set out the offices that would have drapes. Vote on motion: AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke NOES: None 1983 198k Motion carried. ZE PURCHASE OF MOBILE HOME - NORTH CHICO On motion of Supervisor Wheeler, seconded by Supervisor Winston unanimously carried, the purchase of a mobile home to serve as office ce and living quaters at the North Chico Fire Station relocation which offered by Oakmont Mobile Home Center in Chico at a cost of $22,580.25 ch exceeds the budgetary appropriation of $20,000 was authorized. TO INITIAL AMENDED PORTIONS OF - CSUC On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, the Chairman was authorized to initial amended portions of the security agreement with California State University,. Chico to provide Sheriff Department reserve officers for security on several occasions at the CSUC campus to reflect the effective date to January 1, 1980, together with a minor word .change. Page 418. December 11, 1979 79- 1985 3' 1986 19 87 1988 December 11, 1979 APPROVE OUTREACH CONTRACT WITH CONCILIO MEXICANO DE CHICO, INC. .VOTER REGISTRATION On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, the contract for the Concilio to provide voter registration outreach in the Oroville, Gridley and south Butte County areas in the amount of $75 per month which is reimbursable from the State of California was approved and the Chairman authorized to sign. ACCEPT 1979-80 VETERAN'S SERVICE ALLOCATION On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, the 1979-80 Veteran's Service allocation in the amount of $9,046 from the State Department of Veterans Affairs was accepted and the Chairman authorized to sign county certification. FORMATION OF COMMITTEE TO MEET WITH CITIES RE: AB 8 (APPORTIONMENT OF PROPERTY TAX TO ANNEXING CITIES) Supervisors Wheeler and Winston were appointed as members to the committee to meet with cities regarding AB 8 (apportionment of property tax to annexing cities.) It was felt that the Town of Paradise should be invited to join BCAG. There would be a need to change the existing agreement to include the Town of Paradise. The Town of Paradise should be involved in the meeting with the other cities. APPROVE BUDGET TRANSFERS On motion of Supervisor Wheeler, seconded by Supervisor Moseley and unanimously carried, the following budget transfers were approved: B-43 - County Service Areas. This is a $7,048 transfer establish- ing appropriations for County Service Areas 67 through 74 of which $5,937 is being transferred from the reserve and the balance from unencumbered funds of streetlighting maintenance districts. CSA 67 (Vista Del Cerro Lighting) is increased $2,350, with $231 coming from the maintenance district and $2,119 loaned from the General Fund. CSA 68 (Crestwood Streetlighting) is increased $564, with $99 from the maintenance district and $465 from the General Fund. CSA 69 (Lando Gardens) increase $940, with $81 from the maintenance district and $859 from the General Fund. CSA 70 (Joshua Tree 461) 3s increased $282, with $9 from the maintenance district and $273 from the General Fund. CSA 71 (Joshua Tree 462) is increased $1,599, with $320 from the maintenance district and $1,279 from the General Fund. CSA 72 (Shasta Estates) is increased $564, with $235 from the maintenance district and $329 from the General Fund. CSA 73 (Meadow Estates) is increased $333, with $90 coming from the maintenance district and $243 from the General Fund. CSA 74 :(Brentwood) is increased $416, with $46 coming from the maintenance district and $370 from the General Fund. The purpose of this transfer is to record loans from the General Fund to the various county service areas to be repaid in 1980-81 in accordance with action taken by the Board of Supervisors on October 30, 1979; Minute Order 79-1759. 8-45 - Public Works - Road Construction. This transfer establishes an additional appropriation to cover the low bid of Butte Creek Rock Company on the Skyway at Humbug road project. This transfer recognizes additional FAS unanticipated revenue in the amount of $30,7..19 together with $13,731 being transferred from the road xeserve. 8-46 - Fire Protection - General. Transfers $1,000 from the reserve and $1,635.25 from the North Chico Fire Station contingency reserve for a total of $2,635.25 being transferred to equipment to cover the cost over the estimate for the purchase of the mobile home at the fire station relocation site. Page 419. December ll, 1979 79-1989 3' 199.0 ''. 1991 1992 December 11, 1979 APPROVE COMMUNITY ACTION AGENCY ITEMS On motion of Supervisor Winston, seconded by Supervisor Wheeler. and unanimously carried, the following Community Action Agency items were approved: 1. Authorize increase in mileage reimbursement for CAA program related travel from $17p to 18.54 per mile effective December 1, 1979. 2. Approved Head Start lease with Butte County Housing Authority for the use of a classroom, kitchen, playground and related areas for the Head Start program for the period November 19, 1979 through April 19, 1980 at a rental rate of $200 per month and the Chairman authorized to sign. 3. Approved lease agreement with Chin Shew Ting Company for lease o£ the building on Lincoln Street currently used by the Oroville Center for the period January 1, 1980 through December 31, 1980 at a rental rate of $450 per month. and the Chairman authorized to sign. 4. Accepted the bid from Western Community Industries in the amount of $1,435 each, including freight and fax and authorized the purchase of two cellulose insulation blowing machines as part of the Department of Energy Weatherization grant through the State Office of Economic Opportunity. APPROVE VARIANCE RENEWAL - DANIEL L. CODY On motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, the renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 63-09-22, Cody Lane, Forest Ranch area, zoning: "TM-5" for Daniel L. Cody was approved. APPROVE VARIANCE RENEWAL - LARRY D. MAY On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AF 28-11-02, LaPorte Star Route, Marysville area, zoning: "A-5" for Larry D. May was approved. APPROVE PUBLIC WORKS ITEMS On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the following Public Works items were approved: 1. Approve right-of-way acquisition, agreement for sale, East Avenue & Esplanade traffic signals 56191-79-1; authorized Chairman to sign agreement; and authorized Auditor to issue a warrant upon demand of the County's escrow agent: Wentz Investments Parcel ~k2 0.003 Acre Price $650 Total $650 2. Approved receipt of letter of credit; approved York Towne Manor final subdivision map on twelve lot subdivision, AP 54-23-103, east side of Pentz-Magalia Highway across from Deerwood Lane, Paradise; accepted public utility easements, drainage easements and road easement for Aeerwood Lane as shown on the map and offered for dedication; and authorized the Chairman to sign the subdivision agreement. 3. Accepted improvements for Eden Pines Subdivision Unit No. 2 authorized return of $3,135 plus any interest to the developer and retained $1,045 for maintenance and commence the one year maintenance period. Page 420. December 11, 1979 December 11, 1979 79- 4. Accepted improvements for Vista Del Cerra Subdivisbn Unit ~ No. 2; authorized release of letter of credit and commenced the one-year maintenance period. S. Accepted the improvements for Joshua Tree Subdivision 1 & 2 authorized release of performance and labor and materials bonds; and commenced the one-year maintenance period. 6. Accepted the work of Woodland Electric for the traffic signal installation of Skyway and Oliver Road, Project No. 51261-78-2; authorized the Chairman to sign the notice of completion and directed the Clerk to file the notice of completion with the Recorder. 7. Awarded the bid for Skyway PAS Project Y742(2) to Butte Creek Rock Company of Chico in the amount of $1,034,450 with funding for the project as follows: 1979-80 budgeted funds, $990,000; additional PAS funds, $30,719; and road reserve, $13,731. 8. Approved revised budget and amendment ~~1 to grant agreement for Meyers Street EDA project ~~07-01-02056 caused by an increase in improvement costs ascertained by the bidding process with the total cost of the project increased from $544,000 to $946,482 with the EDA grant of $435,200 remaining unchanged and the balance of the funding covered by the Meyers Street Assessment District and the Chairman authorized to sign letter of amendment. 1993 REPORT TO BOARD RE: TERRY BARNES - DENIED NEGATIVE DECLARATION AND REZONE The report to the Board regarding Terry Barnes denied negative declaration and rezone from "A-2" {general) to °TM-10" and "TM-20" {timber mountain 10 and 20 acre parcels) on property located on both sides of Ponderosa Way, approximately two m31es south of Bald Rock Road, northeast of Oroville was received as information. 1994 PUBLIC HEARING DATES SET The following public hearing dates were set: 1. A public hearing date of January 15, 1980 at 10:15 a.m. was set for consideration of Sohn Heinke proposed negative declaration and rezone from "A-2 Ltd" to "M-2" (heavy industrial) property located on both sides of Clark Road, approximately 1/2 mile south of Buschmann Road, identified as AP 54-11-15, 26, 27; 34 and AP 54-12-13 & 19, Paradise (as amended). 2. A public hearing date of January l5, 1980 at 10:30 a.m, was set for Richard Vermillion and William Drew proposed environmental impact report and rezone from "A-2" (general) to "SR-1" (suburban residential - one acre parcels), property located on the northeast corner of Garner Lane and State Hwy. 99, identified as AP 44-02-69, Chico. 3. A public hearing date of January 15, 1980 at 10:45 a.m. was set for consideration of Sutte County Planning Commission draft environmental impact report and rezone from "A-2" (general) and "A R" (agricultural residential) to "M-1" (light industrial), "R-1" (single family residential), "R-4" (maximum density residential - restricted service), and "C-2" (general commercial), property located on both sides of Esplanade, from the intersection of Esplanade and State Highway 99 to Lassen Avenue, Chico (as amended). 4. A public hearing date of January 15, 1980 at 11:15 a.m. was set for consideration of James T. Clanton proposed negative declaration and amendment to General P1an.Land Use Element Map from an existing low Page 421.E December 11, 1979 i .. 79- b'. 1995 1996 1997 1998 1999 Hearing open to the public. Appearing: 1. Neil McCabe. Mx. McCabe stated that he was representing Mr. Isom and Mr. Hall. The petition for cancellation from the Land Conservation Act was filed August, 1978. The applicant's position is that the agreement should not have been entered into originally and therefore should be canceled. His clients are willing to pay the cancellation Page 422. December 11, 1979 December 11, 1979 density residential designation to an industrial designation, property located on the east side of Lincoln Blvd., from Ophir Road south approximately 895 feet and to a depth of 2,670 feet measured from the centerline of Lincoln Blvd., identified as AP 36-27-50 & 51, Oroville. ADOPT RESOLUTION 79-252 SETTING OF PUBLIC HEARING DATE FOR D. DEVORE - ABANDONMENT OF DRAINAGE EASEMENT PARADISE PINES, N0. 12, LOT 126 On motion ,of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, Resolution 79--252 setting a public hearing date of January 15, 1980 at 10:00 a.m, for consideration of D. DeVore abandonment of drainage easement Paradise Pines, No. 12, Lot 126 was adopted and the Chairman authorized to sign. APPROVE AGREEMENT WITH BUTTE COUNTY HISTORICAL SOCIETY FOR USE OF EHMANN HOUSE On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the agreement with the Butte County Historical Society for use of the Ehmann House as amended by removing the 90-day clause was approved and the Chairman authorized to sign. APPOINTMENTS - CONTINUED TO DECEMBER 18 1979 The following appointments were continued to December 18, 1979: District 5. 1. Appointment to Butte County Mosquito Abatement District - 2. Appointments to the Citizens Advisory Committee on Drug Abuse and Alcohol Advisory Board. APPOINTMENT TO BUTTE COUNTY FAIR BOARD On motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, John K. Orme was appointed to the Butte County Fair Board. RECESS: 9:50 a.m. RECONVENE: 10:06 a.m. PUBLIC HEARING: C. HOWARD ISOM AND GUX F. HALL - CONSIDERATION OF DRAFT EIR AND PETITION FOR CANCELLATION OF LAND_CONSERVATION ACT AGREEMENT The public hearing on C. Howard Isom and Guy F. Ha11 consideration of draft EIR and petition for cancellation of Land Conservation Act agreement was held as advertised. Earl Nelson, environmental review director, set out the background of the draft EIR. There is an archaeological site on the project along with two rare species of plants. One of the plants has a self protective characteristic. The other species is along the creek in an area where the Board should possibly consider some form of protection. This property serves as winter range for wildlife. There are wild turkeys on the property. The characteristics of the site are such that the potential development would be limited. The maximum potential is about one residence per 40 acres. That factor would tend to limit the significance of theVimpacts. Most of the site is "A-2" zoning. 79- b December 11, 1979 fees as required by the county. This £ee is $19,215. Mr. McCabe set out the background of the property at this time. The previous owners, Mr. and Mrs. Santos, around 1970 had development plans for this property. The Board felt it would be advantageous to go ahead with the development and adapted Resolution 70-3 which endorsed the concept of development in the area. The Board at that point requested proceedings for state access. Tice request was approved and connection was allowed. This was in April, 1971. A deed was prepared for Santos Drive. He did not know the status of the legal action being taken by the Board. The county's position at this time is that this is a county road and are asking the court to declare it as such. It seemed inconsistent in 1974 to ask for the property to be placed under Williamson Act. phis was done. The contract is for agricultural uses. There is some seasonal grazing of the propexty. The Board has a copy of the letter from Alva Mitchell dated March, 1979. Mr. Mitchell advised that the property was awk~3rd for good grazing and was not economically feasible for an agricultural enterprise on the property. The recital~an the. agreement is not correct as the property was not ail fenced at that time. Tile present owners have had experience managing the property and have determined it is not economical fox grazing. There were also errors in the description of the property that wexe corrected by two amendments to the agreement. Mr. McCabe stated that the uses of the property are inconsistent with Resolution 68-7. He did not believe the guideline for uses of the land for food and fiber for maintaining agricultural property was applicable. The present owners acquired the property in 1975. An EiR was required for withdrawal from the Williamson Act. This matter was considered by the Land Conservation Act committee in February but the EIR had not been prepared. The owners were not notified of the meeting so they were not present. They received notification after the meeting was held. Mr. McCabe made comments regarding the draft EIR at this time. He wanted to advise the Board that there were no development proposals before the Board at this time. He felt that portions of the EIR should be corrected: Page 3, paragraph B and page 6, X19 which indicates a subdivision is proposed and sales of 160 acre portions are contemplated. A final map has been filed creating 160-acre parcels but there are no plans to sell them off. What is being requested is the cancellation which would allow flexibility fox the property. He did not feel the cancellation presented legal problems. He was aware of the "A 2" zoning and the designation of low density on the General Plan. The cancellation would not be detrimental to any other property that is under the Act. Properties around this property have been developing. He felt it would be in the public interest to approve the cancellation. Bettye Blair, planning director, stated that there was one correction that needed to be made. All properties under the Williamson Act were put under open and grazing classification in the new General Plan. This would have to be amended in the EIR and the discussion. 2. Jack Meline. Mr. Meline stated that the subject property borders his property. He has 5,000 acres adjoining this property. He was concerned that this would go down into Stilson Canyon. There are subdivisions in this area already. There are problems with dogs, children with guns chasing the cattle. He was against the withdrawal. Mr, McCabe stated that this property did not adjoin the Meline property. There is another piece of property south of this that adjoins the Meline property. That particular piece of property is not under the Williamson Act. Mr. McCabe answered Supervisor Dolan`s questions regarding the corrections to the original agreement. The current owners did not sign the agreements. Page 423. December 11, 1979 - _ - _ _ _ _ _ _ _ _ -December 11~ 1979 = _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 79- Closed to the public and confined to the Board. Supervisor Winston stated that it seems that most people feel that this property is not agricultural land for food and fiber. Joe Bandy, a member of the committee, recommended removal. Alva Mitchell also concurred that this was not agricultural land. This is a matter of record. Tf the Board accepts the validity of these statements, then cancellation would not be inconsistent with the purpose of the chapter. There is no other reasonable or comparable use the land can be put except seasonal grazing. Mr. Nelson stated that the "A-2" zoning in the ETR was correct. He was not aware this property was shown as open and grazing on the General Plan, which would implement a 40 acre minimum. If the Board feels there is sufficient information in the report to allow the Board to make a decision, the Board could do so today. Dan Blackstock, county counsel, stated that the EIR should be corrected to reflect the correct General Plan designation. The Environmental Review Director could be instructed to correct the inconsistency and the misstatement that relates to the General Plan only. Mr. Nelson stated that on the wildlife, the Department of Fish and Game recommended 40 acre minimums. With that density established the only mitigation would be if the Board wanted special protective zones for the rare plants. This could be handled when there was~urther division of the property or a revision of the General Plan. Supervisor Dolan stated that there is an impact that seems to be missing that appears obvious. Any division of the land, which is 160 acres, would increase the pressure for additional access on Hwy 32. Additional access is not what would be in the best interest of the area. 'The Board is aware of the problems with Santos Way. Supervisor Winston stated that based on what is being done at the present time with the land, additional outlets are not needed on Hwy 32. If a proposal was brought back to break the 160 acres up, the Board should take a look at that then. It would be considered at that time. On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, based on the EIR entitled revised November, 1979 as amended by the statement of Bettye Blair, planning director, that the land is in open gracing and could not have a significant effect an the environment, the final ETR was certified as having been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and the Butte County Environmental Review Guidelines. 6n motion of Supervisor Winston, seconded by Supervisor Moseley and carried, based upon the information furnished this Board by Alva Mitchell, former agricultural commissioner, and recommendation by Joe Bandy, agricultural commissioner, in the committee itself where he stated he did recommend that the land be withdrawn from the Williamson Act, and based on the fact the Board can find in accordance with Government Code Section 51282 that cancellation is not inconsistent with the Chapter and, further that the cancellation is in the public interest; finding that this action shall not be based on the fact that there is an opportunity for more profitable use and not based on the economic characteristic of the existing agricultural use because there is not another reasonable comparable agricultural use, the withdrawal of the land from the Land Conservation Act was approved, providing the penalty of $19,215 be paid and concluding there are no significant effects:>on the environment from this withdrawal. AYES: Supervisors Moseley, Wheeler Winston and Chairman Lemke. NOES: Supervisor Dolan Page 424. December 11, 1979 December 11, 1979 79- RECESS: 10:53 a.m. ~ RECONVENE: 11:07 a.m. 2000 ADOPT ORDINANCE 2067: PUBLIC HEARING: M. D. .TAYRED AND WM. TOWNE - REZONE FROM "A-2" (GENERAL) TO "SR-1/2" (SUBURBAN RESIDENITAL - 1/2 ACRE PARCELS) PROPERTY LOCATED ON THE SOUTH SIDE OF ENTLER AVENUE APPROX. 750 FEET EAST OF MIDWAY, IDENTIFIED_AS AP 40-04-35 & 37 The public hearing on M. D. 3ayred and Wm. Towne rezone (environ- mental impact report has been certified) from "A-2" (general) to "SR-1/2" (suburban residential - 1/2 acre parcels), property located on the south side of Entler Avenue approximately 750 feet east of Midway, identified as AP 40-04-35 & 37 (Commission recommended "SR-1" (suburban residential - one acre parcels) was held as advertised. Chairman Lemke stated that the Board had certified the EIR for this project. The Planning Commission had recommended "SR-1" zoning. The Board has received a letter from Stewart, Craig, Humpherys & Burchett where it appears an agreement has been reached with the parties on the Writ of Mandate. Bettye Blair, planning director, set out the background of the rezone. The Board received copies of the Planning Commission minutes noting the change from "SR-1/2" to "SR-1" zoning. Hearing open to the public. Appearing: 1. Dallas Lewis. Mr. Lewis stated that he was representing the property owners. They are in agreement with the proposed "SR-1" zoning. This would be on the condition that the Board would specify they will be able to obtain building permits for construction of the houses. There are 20 lots and there would be 16 lots that conformed to the zoning. There are four lots that are a little less than one acre. Del Siemsen, deputy county counsel, stated that the map had been approved. There is no way to put a note on the map that there could be no further divisions. The "SR-1" zoning would prevent any further division of the property. These lots are legal as they stand. They are just substandard lots. Hearing closed to the public and confined to the Board. 5uperviso olan stated that the Board had a letter from one party showing th t the matter had been settled. This would have to be taken as one party willing to enter into a settlement. Chairman Lemke stated that he would assume with the lack of appearances that the settlement was agreeable. .Discussion of the requirement for curb, gutter and sidewalk held at this time. Mr. Siemsen advised that this condition had been placed on the map. On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, the rezone from "A-2" (general to "SR-1" (suburban residential one acre parcels), for M. D. .7ayred and Wm. Towne for property located on the south side of Entler Avenue approximately 750 feet east of Midway, identified as AP 40-04-35 & 37 was approved; and the Board understands that. construction of the. dwellings on the lots as constituted-on---the map of Southgate Aeres be permitted;`certifying the EIR prepared on the subdivision as adequate for this rezone and finding there would nat be any adverse effects on the environment; finding conformity with the General Plan; Ordinance 2067 was adopted and the Chairman authorized to sign. AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke. NOES: Supervisor Dolan Page 425. December 11, 1979 December 11, 1979 79- 2001 ~', 2002 2003 APPEARANCE: DOUGLAS BUSSEY Mr. Bussey stated that he was representing Joseph Romero, CETA worker for the county. He is employed. as a Marshall in the Chico Substation and has been there since October 1, 1978. Mr. Romero has received $6.13 per hour and no benefits. Mr. Bussey stated that he had spoken to Sheriff Gillick concerning Mr. Romero status. Sheriff Gillick indicated that Mr. Romero has performed all the tasks excellently. Mr. Bussey asked the Board what procedure Mr. Romero can take to get a permanent position with the civil service part of the county. Sheriff Gillick has indicated there is no potential for extension. He has attempted to contact Mr. Rackerby and has been unsuccessful in having his calls returned. He asked that the Board make inquiry of the Romero status and what could be done to give him a permanent position. All of the attorneys support Mr. Romero. Chairman Lemke stated that at this point in time the position that was started in October, 1978 would have three months left under the 18-month program of CETA. The job is only until March, 1980. Until the Board receives a request for transitioning of the position from Sheriff Gillick, there is no action the Board can take. Chairman Lemke stated that Mr. Bussey had made allegations regarding Mr. Rackerby. He would like to find out about those. He wanted to make sure that Mr. Bussey had availability to Mr. Rackerby. MATTER RE: DELTA PRESENTED SY R. E. BOYDEN BE SUBMITTED TO RONALD ROBIE, DIRECTOR, DEPARTMENT OF WATER RESOURCES FOR COMMENT Mr. Boyden stated that the Governor would like to build the Periphal Canal. There are a great many people who feel that this would damage portions of the state to the advantage of the southern part of the state. He felt the construction of the Periphal Canal would destroy a great deal of the farm land in the delta. This would be:eaused by the intrusion of salt water. He has studied this matter and feels that a salt water barrier of some kind should be built. There is a natural constriction of salt water in the delta. If that were removed the salt water would come up to Sacramento. He has made a preliminary design for a low level salt water barrier located at Dillon Point. He asked that the Board adopt a resolution is support of some type of salt water barrier. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the matter presented by R. E. Boyden regarding the delta was to be submitted to Ronald Robie, director, Department of Water Resources for comment. APPEARANCE: CARL MORTON, TREASURER-TAX COLLECTOR Mr. Morton made comments regarding the data processing problem they have had. He hoped that they might come to a final solution. He recommended that Ed Brown, assessor, be designated as the contract administrator for the county. Mr. Brown has been Interim Director of Data Processing. He felt the county needed someone with expertise in the field. This matter has not been submitted to the Data Processing Executive Committee. He has not even discussed this with Mr . Brown. He felt this was something that could work. He asked that the Board consider this suggestion. His motivation is not political, it is to get consistent products out of data processing. He did not feel the county should lose Mr. Brown's expertise. He is no longer on the committee. This is one of the problems Orange County had. Their facilities manager was not a data processing expert. Chairman Lemke stated that Mr. Brown was off the committee by his decision. This was a voluntary action. He agreed it was unfortunate. Page 426. December 11, 1979 December 11, 1979 79-2004 2005 APPEARANCE: ROBERT WRAY Mr. Wray requested a water permit to drill a well instead of using TID water. TTD put demands on him that he cannot afford. He applied for a parcel map and it has been completed. Chairman Lemke stated the map had been filed with the requirement for a 1-1/2 inch line and then TID said they wanted a 6 inch line. Now Mr. Wray is coming back to apply for a well permit. He would have to go through the Environmental Health Department for a permit. Dan Blackstock, county counsel, stated that the Board should assign this matter to the appropriate county department to contact TID to try to resolve the matter. He could not understand why a 6-inch line was being required.He felt the county departments should report back to the Board. The matter was referred to Counsel, Public Works and Environmental Health for cooperation to try to mitigate the requirements. Mr. Blackstock stated that the Board could not grant a permit for a well today. Discussion of possible reasoning by TID to put a 6-,inch line down the old railroad right-of-way held at this time. Mr. Wray stated that they were considering future development. He would not be reimbursed for the line. He was told to get a letter from the Fire Department, which he did, This is when TID required a 6-inch line. He is putting three homes on the property. Any development on the Sacramento Northern Railroad could be served by the line on 7th Street. TID gave his check back for the water meter. Supervisor Dolan stated that she would like an answer to another question. She would like to know if this problem could have been alleviated if the conditions on the map had been more specific. RECESS: 12:00 p.m. RECONVENE: 1:33 p.m. PRESENTATION OF MENTAL HEALTH PROGRAM SERVICES Dr. Maguire, mental health director, presented a slide program for the Board showing an overview of the seven programs presented by Mental Health Services. This presentation is available for local presentations. This was originally done to be presented to the Board. Dr. Maguire gave an evaluatdon of the second offense drunk driving program. The program was requested by the courts. This program is supported by fees and there are no tax dollars involved. If the court wishes a person may keep their driver's license provided they participate in the year long program. There have been 335 people in the second offense program. They' have been three classes that graduated which is over 100%. About 10% have terminated from the program because of illness ar nenattendance. There have been about 5% or about 15 people that have been terminated because of third offenses , On follow up to those in the program, 50% have stopped drinking and the remainder reduced their drinking considerably. Page 427. December 11, 1979 79-.2006 3 December 11, 1979 T = _ _ _ _ - ~ ~ _ _ = _ - - - - -- - - - COMMUNIGATIONS Steven Lester, San Jose. Mr. Lester writes appealing the Planning Commission's denial of a negative declaration and use permit to allow 25 mobile home storage spaces to be available for rent to the general gublic, AP 50-23-59, approximately 1,400 feet east of Pentz- Magalia Highway and approximately 300 feet north of Wagstaff Road, Paradise. Set for hearing January 15, 1980 at 11:30 a.m. Rudy Jensen, et al, Paradise. Mr. Jensen writes appealing the Planning Commission's denial of negative declaration and rezone from "A-R" and "A-2 Ltd." to "S-R 1/2" on property Zocated on the south side of Pearson Road, approximately 600 feet west of Pentz-Magalia Highway and on both sides of Stearns Road, Paradise, containing 85 acres, more or less. Set for Hearing January 22, 1980 at 10:15 a.m. Cook Associates, Oroville. The engineers, on behalf of John Long and Barney Kukolsky, appeal the Planning Commission's denial of environmental impact report and use permit to allow 20 unit condominiums on property zoned 1°A-R," AP 54-32-01, east side of Stearns Road, approximately 1/4 mile south and east of the intersection of Pearson Road and Stearns Road, Paradise and also appeals denied environmental impact report and use permit to allow 20 unit condominiums on property zoned "A-R," AP 54-32-04, west side of Stearns Road, approximately 1/4 mile west of the intersection of Pearson Road and Stearns Road, Paradise. Set for hearing January 22, 1980 at 10:00 a.m. Marcia Hunger, Paradise. Ms. Hunger writes with regard to the necessity to widen the Skyway to four lanes. Referred to Public Works for answering. John Wray, Oroville. Mr. Wray writes forwarding information and requesting to speak to the Board with regard to the requirements of Thermalito Irrigation District to install a six-inch water line for development of adjoining property, and requests as an alternative authorization to obtain a permit to drill a well. Handled earlier in the meeting. Steven Silberman, Chico. Mr. Silberman writes appealing the Advisory Agency's approval of the environmental impact report and proposed subdivision for Big Chico Creek Estates. Previously set for hearing on January 8, 1980 at 10:00 a.m. J. V. Pullins, Chico. Mr. Pullins writes in opposition to the closure of the White Avenue entrance to the Casa De Flores Mobile Home Park in Chico. Information; no action taken. The new gate is up and in place. County of Sonoma. The Board of Supervisors forwards its resolution regarding the international emergency in Cambodia and requests the Board to adopt a similar resolution to be sent to President Carter. No action taken. Stewart, Craig, Humpherys & Burchett, attorneys at law. The attorneys, on behalf. of Baldwin Contracting Company, Inc., write with regard .Lo Southgate Acres Subdivision (Jayred and Towne) application for rezone which is scheduled for public hearing on December 11, 1979. Handled earlier in the meeting. Page 428, December 11, 1979 December 11, 1979 79' Chico Area Recreation and Park District. The district writes forwarding 3' information and requesting the Board of Supervisors support for. Senate Bill 547 (Park Lands and Renewable Resources Investment Bond Tssue of 1980.) To be considered December 18, 1979. R. E. Boyden, Oroville. Mr. Boyden writes forwarding information concerning the advantages of the construction of a delta low level automatic salt water barrier and requests the opportunity to speak to the Board. Handled earlier in the meeting. Assemblyman Gene Chappie. Assemblyman Chappie writes in foliowup to the Board's letter regarding workers' compensation costs. Information; no action taken. Senator Ray Johnson. Senator Johnson writes in followup to the Board's . resolution regarding the review of pesticide regulatory program regulations. Information; no action taken. U. S. Department of Commerce - National Weather Service, Red Bluff. The office writes advising of the commencement of a NOAA weather radio which will serve the northern Sacramento Valley for which a formal dedication will be held on January 11 at the Red Bluff Airport Administration Building. Information; no action taken. 2007 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Chairman Lemke advised that the Board had received a letter from the California Grocers Association. The Board is not holding hearings on the items presented and therefore there is no reason to respond. Chairman Lemke stated that Dean Worester had resigned as a safety deposit box contractor in Paradise as of December 31, 1979. The contract with Richard Ryan for safety deposit box contractor in Paradise was continued to December 18, 1979. 2008 APPROVE RESOLUTION SUBMITTED BY TOWN OF PARADISE REQUESTING AN OPPORTUNITY TO REVIEW AND COMMENT ON LAND USE MATTERS WITH A TWO WEEK TIME LIMIT PLACED ON SAID REVIEW Chairman Lemke read the resolution from the Town of Paradise asking for an opportunity to review and comment on land use matters. Dan Blackstock, county counsel, stated that Planning and Public Works had set up a procedure to alert the Town of Paradise to pending matters. On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, the resolution submitted by the Town of Paradise requesting an opportunity to review and comment on land use matters was approved placing a two week time limit on the review. 2009 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Chairman Lemke stated the Board had received a letter from Chico Senior Citizens, Inc. stating they are not sure they need to build a building. They want more .input. The county is not making any moves until th ey receive word from the Auditor. Supervisor Winston stated that meetings have been held for six months. Every senior citizens group has been invited to the meetings. As far as he was concerned, if they did not want the building, the county would not buy it. Page 429. December 11, 1979 December 11, 1979 79- Chairman Lemke stated that the Board had received a letter from b Office of Planning and Research. They are hold a plannittg seminar in Redding December 12 & 13, 1979. Chairman Lemke stated that he had a letter from Supervisor Dolan regarding the hearing on the old Durham Cemetery. He did not feel he owed anyone an apology. The people who spoke raised the question about the legality of the ownership. He was not about to start making a decision on what to do with the county accepting the cemetery as a Pioneer Memorial Park until he found out who owned the property. He was sorry if he inconvenienced those that came to talk. Supervisor Dolan stated that it wasn't that the people were inconvenienced. They were shocked with the procedure. Before lunch the people were asked how many people wanted to speak. The Board then broke for lunch. After lunch, these people were advised that they could not talk as the matter was being referred to the District Attorney. Supervisor Winston stated that the time to object was at that time. He received a carbon copy of the letter to the Chairman and found that the carbon copy had also been sent to the newspaper. This was a personal letter to the Chairman of the Board with carbon copies to the members. It was sent to others. He wondered what purpose that served. Chairman Lemke asked that Supervisor Dolan show a carbon to the press when they receive copies of letters. Supervisor Dolan stated that the minutes reflect that she questioned to procedure. She was appointed to chair a committee on this matter. She was not asked about the procedure. She felt the Board should. apologize for asking those people to stay around for an hour and then not allow them to speak. Supervisor Winston stated that Supervisor Dolan should have told the Board that people had traveled and would like to speak. He £elt the Chairman would have let them. If he had known that someone had traveled from the Bay area, he would have stood behind Supervisor Dolan. Chairman Lemke stated that he apologized if he inconvenienced the people but the turn of events was responsible for his actions. EXECUTIVE SESSION: The Board recessed at 2:29 p.m. to hold an executive sessinn regarding litigation. RECONVENE: The Board reconvened at 2:43 p.m. following an executive session regarding litigation. No announcements to be made at this time. AD.70URNMENT There being nothing further before the Board, the meeting was adjourned at 2:44 p.m. to reconvene on Tuesday, December 18, 1979 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK- RECORDER and ex-officio Clerk of the Board of Supervisors I /7~ Chairman, Board of Supervisors by Page 430. December 11, 1979