Loading...
HomeMy WebLinkAboutM020877~. ~ - February 8, 1977 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Lemke, Madigan, Moseley, Winston and Chairman Richter. Clif Nickelson, Administrative Officer; Dan Blackstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Clerk of the Board. Pledge of allegiance to theFlag of the United States of America. Invocation by Supervisor Lemke 77-257 APPROVAL OF MINUTES On motion o pervisor Winston, seconded by Supervisor Madigan and unanimously carried, the minutes of February I, 1977 were approved as mailed. 77-258 COMMUNICATIONS Dona . ins ow, ico. Mrs. Winslow requests a refund of $50 as a result of circumstances in which her application for variance was denied ! 3.0 ~ by the Planning Commission. Referred to Planning Director with request he report back to the Board. Cohasset Community Association, Inc. The Association writes concerning -ezoning activity on the western half~of Section 24, Township 24 north, Range 2 1 I ~~0 O east and recommends that the area presently zoned TM 5 be permanently rezoned TM 20. Discussed; no action taken. McCain Associates, Chico. The Engineers write on behalf of the 5toneson rezone application indicating their support for a sewer district in Paradise, '' ~~~ Q however, oppose the formation of the district to include just the 38 acres in their proposed rezone. To be discussed at hearing set for this ' this morning at 10:00 a.m. Robert D. Bryant, Chico. Mr. Bryant appeals the Planning Commission's denial of a rezone thongs for his property on the south side of Shasta Avenue, j f 3,0 ~ approximately I/4 :•mile west of the Esplanade, AP 44-52-02. Set for hearing on Nbrch 8, 1977 at 9;30 a.m. Larry M. Tomlinson, Oroville. Mr. Tomlinson, on behalf of Evander and Lela Dillard, pursuant to subdivision ordinance Sections 20-bb and 20-I60, appeal the non-issuance of a building permit to construct facilities for mobile home 1 i 3.by on AP 3a-181-23. Set for hearing on March I, 1977 at 9:45 a.m. Michael Wines, Paradise. M-. Wines appeals conditions 7 and 8 relating to road improvements and curbs, gutters and sidewalks for his parcel map which was ;.~~~~ approved by the Advisory Agency, AP 53-04-54. Set for hearing on March I, 1477 at 10.00 a.m. Bachman Engineering, Chico. The Engineers, on behalf of Mrs. Corrine Waldroop, ~ appeal conditions 10, 22 and 16 relating to the installation of curbs, -' I ~'~e~ gutters, and sidewalks, and street lights for the Verde Vista Subdivision. i Set for hearing on March I, 1977 0# IOnlS a.m. Page 475. February 8, 1977 f'~ l!3 ~o ~a0. 113.6 s / o ~.7 S' /aotZ. Neil H. M~Cabe, Attorney at Law. The Attorney, on behalf of Elmer Johnson, writes canceming the processing of a pending use pormit application. To be discussed later in the meeting. CNA Insurance. The Company, on behalf of Patricia Taber, submit the claim in the amount of $311.15 as a result of damages incurred in an automobile accident involving a County employee. Referred to Administrative Officer and County Counsel for study. C. W. Bachman. Appeal three of the conditions listed on the Hagenridge Manor Subdivision Map. Set for hearins an March I, 1977 at 10:30 a.m. Lime Saddle Boat & Ski Association. Write concerning operation of Lime Saddle Marina. Copies of said communication to be made for Board members. Los Angeles Board of 5uperyisors. Request support of the Board in pursuing a legal action regarding H. R. 10219, now Public Law 94-566. 'I'bis makes it mandatory to provide unemployment insurance coverage for all public employees beginning January 1, 1978. See motion following communications. McCain Associates. Appeal on behalf of their clients, Earl, Earl, Leavitt & Mi~nto, the Advisory Agency's denial of their application for a parcel mop on 3, ~~ AP 4d-+~7-63. '-~ReFerred to.;gd*risb'F;rAgency . See motion following communications. ~- 77-259 LETTER OF SUPPORT OF LOS ANGELES BOARD OF SUPERVISORS, PURSU LEGAL ACTION REGARDING H.R. 10219 Letter rom Los Ange es Boar of Supervisors discussed. Supervisor Winston urged that appropriate support be tendered by this Board. On motion of Supervisor Winston, secona6.3d•by Supervisor Madigan and unanimously carried,a letter of support . regarding ,Los Angeles Board of Supervisor's pursuit of legal action regarding H.~. 10219 now Public Law 94-566, :•to be signed by the Chairman, was authorized. 77-260 PAYMENT TO CITY OF CHICO OF SALES TAXES COLLECTED ERRONEOUSLY; RESCIND PREVIOUS ACTION-MATTER TO BE REFERRED TO ATTORNEY GENERAL Supervisor Winston asked if t e Board was prepared to take action on the payment of the sales faxes to the City of Chico. County Counsel has presented his written opinion of the matter. Chairman Richter stated he would like to have an attorney general's opinion to see what the County is legally obligated to pay. Situation discussed. Supervisor Madigan asked Supervisor Winston if he had a conflict of interest in the matter of payment of the taxes to the City of Chico. Supervisor Winston stated that he has been hearing comments that he had a contract with the City of Chico for appraisals. It has been stated that he would show them special favor due to this contract. He is a private appraiser; he has done a great deal of this type work. He does not feel that there is a conflict in this matter. Chairman Richter suggested that Supervisor Winston submit this question to the Fair Political Practice Board Far their opinion. Payment of sales taxes discussed. Page 476. February S, 1977 n r~ It was moved by Supervisor Lemke that the City of Chico be paid the amount requested for sales taxes erroneously paid 6y the State Board of Equalization to the County, as long as the County has a waiver to the effect that the City will waive interest on the amount ro 6e paid. Motion died for lack of a second. Securing Attomey General's opinion in this matter discussed. Chairman Richter felt securing an Attomey General's opinion is the proper way ro go. He would Like ro know if he has personal liability in the matter. Supervisor V1~nston stated that the Board has taken action to pay this money ro the City of Chico. The motion made at the meeting of February I, 1977, Board Minute Item 77-204, is still on the floor. Roll call has not been taken in this matter. Supervisor hbseley questioned the Board about voting "Yes" . If the vote is "Yes", then the County can go on and investigate the matter of payment by Attorney General. Roll call on motion under Item 77-204, Page 457, taken as follows: AYES: Supervisors Madigan, Moseley and Chairman Richter NOES: Supervisors Lemke and Winston. Motion for payment ro City of Chico therefore rescinded. County Counsel will request an Attomey General's opinion in the matter. 77-261 APPEAL OF EARL, EARL, LEAVITT $ MINTO OF ADVISORY AGENCY'S DENIAL OF APPLICATION FOR PARCEL MAP REFERRED BACK TO ADVISORY AGENCY On motion of Supervisor Mo igan, seeon ed y Supervisor Mose ey and unanimously carried, the appeal of Earl, Earl, Leavitt $ Minto 'cif Advisory Agency's denial of their application for a Parcel map for AP 44-47-b3 was referred back to the Advisory Agency. 77-262 LETTER FROM JAMES LENHOFF RE TIMBER PRESERVE ORDINANCE $ MINING ORDINANCE REFERRED TO CO'':lNTY COUNSEL Letter rom James n o a ut t e timber preserve ordinance and mining ordinance discussed. IVIr. Lenhoff called Mines and Geology Department in Sacramento; the guidelines will not be approved until March. He felt it was a dangerous •ordinance !,3•ad to be implementing guidelines before the State has approved their guidelines. This related to the mining ordinance. The legislature is not State mandated at this time. It was felt this correspondence should be referred to County Counsel for his comments. Referred to County Counsel for comment's and report back ro the Board. Page 477. February 8, 1977 r^ ~ ________________Eebr_uarX_-~-J~====___------=_ 77-263 APPROVE LEASE AGREEMENT WITH OROVILLE PROFESSIONAL ARTS G ROUPS A lease agreement has been prepared with the OroviRe professional Arts Group at a monthly cost of $184 for a period of twelve months. On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, lease agreement with the Oroville Professional Arts Group at a monthly cost of $184 for a period of twelve months was approved and the Chairman authorized to sign. T1 -264 WAIVE SECOND READING: ADOPT ORDINANCE 1793, SALARY ORDINANCE AMEND. On motion o Supervisor Winston,secone y Supervisor Lem a an unanimously carried, second reading of salary ordinance amendment, which adds three positions: a senior public health nurse, manpower specialist and clerk; reclossifies a vacant typist clerk position to stenographer clerk and upgrades the salary of the building plan checker and supervising building inspector and expands the rata schedule for project troinees, was waived, Ordinance 1793 was adopted and the Chairman authorized to sign. 77-265 AUTHORIZE 54DVANCE STEP RECRUITING e Personne Department is aving difficulty in attracting qualified and experienced building inspectors to fill county vacancies. The building department has a critical need for experienced inspectors. On motion of Supervisors :Lemke, seconded by Supervisor Winston and unanimously carried, recruitement of building inspector II up to the C step of the salary range, $1,066 per month was authorized. 77-26b PUBLIC HEARING: JEANETTE ALDRICH, APPEAL OF ADVISORY AGENCY'S DENIAL OF TENTATIVE PARCEL MAP, 2 LOTS, EAST SIDE OF COWEE ROAD BETWEEN TURNER AVENUE AND EVANS-REIMER ROAD, GRIDLEY. AP 24-11-70 Public hearing on the Jeanette A dric appea of Advisory Agency's denial of tentative parcel map, 2 lots, east side of Cowae I~ad between Tumer Avenue and Evans-rimer I~ad, Gridley, AP 24-11-70 was held as advertised. Hearing opened to the public. Appearing: I. R4ch Aldrich, son of Jeanette Aldrich, stated that there were four lots rather than the two stated above. Mrs. Aldrich has met all the requirements; this map was denied because it has its access opening out on to a secondary road. There are 20 other homes opening out onto this same access. Bettye Blair, planning Deportment, stated that it could be in conflict with parts of the General Plan. Clay Castleberry, Director of Public Works, said this was a County maintained road. Hearing closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, appeal of Jeanette Aldrich was upheld, parcel map approved subject to the conditions, with the finding that there was a negative declaration filed, and that it is in conformity with the General Plan! Page 476. February 8, 1977 ~ ~'^ ______________~ebrsrarL~~'~=________________ 1. Deed to"the County of Dutte 36 Peet right-oE-way from the centerlines oP Glstrap Ave and Nielson Ave. with a 90 ft. return. 2. Indicate a 50 Pt. building setback Prom the centerlines oP Gilatrap Ave. .•&j Nielson Ave. 3. Show all easements of record on the final Insp. 77-267 AWARD OF BID-WOMEN'S EXERCISE YARD, COUNTY JAIL On motion of Supervisor Winston, seconded y Supervisor Madigan and unanimously carried, bid for women's exercise yard at County Jail was awarded to K Construction of Chico, the low bidder, in the amount of $9,200, and authorized a transfer of $3,200 from within the Sheriff's budget to cover project. 77-268 ,:/~WAftE7i OF BID-VEHICLES Bids eve en received for cars and trucks approved in the current years budget and the low bidders are as follows; II intermediate 4-door sedans, Sierra Dodge, $50,206.33 I subcompact sedan, Hobbie Chevrolet, $3,256.31 I compact station wagon, Marr Dodge, $4,2{~b.91 I half ton pickup truck, Butte Equipment, $2,945.80 4 half ton cab and chassis, Bobbie Chevrolet; $24,252.27 2 three yard dump cab and chassis, Bill Byers, Inc. $23,057,55 18 passenger van, Hobbie Chevrolet, $6,745.29 Sufficient funding exists for all departments except for Publie Works which is $2,300 short. Sufficient Funding is available frolrt within their capital equipment budget to cover the deficit. Qn motion of Supervisor [.emke, seconded by Supervisor Winston and unanimously carried, bids for vehicles were awarded to the low bidders and utilizatu~n of unencumbered equipment funds within the Public Works budget to supplement budgeted funds was authorized, as set out above. 77-269 APPROVE CONTRACT FOR DATA PROCESSING SERVICE WITH SIERRA CO. WELFARE On motion of Supervisor igan, seconded y Supervisor Nose ey and unanimously carried, contract for data processing services with Sierra County Welfare Department for data processing services pursuant to standard provisions was approved and execution of this and future data processing agreements was authorized to be handled by the Administrative Office. 77-270 AUTHORIZE SOLICITATION OF INSURANCE STUDY PROPOSAL T e administrative Office requests out orization to so icit a proposal from the firm of Warren, McVeigh, Griffin and Huntington, concerning a study of the County's Insurance program. Supervisor Winston asked if the Butte County Insurance Agents had bean contacted in this matter; Mike Pyeatt stated they are swore of this proposal. Use of in-house employees to do the study discussed. -- Page 479. February 8, 1977 ~ ~`^~~ ----------===-=Eebryar~B~JQT1=====___====-T--= On motion of Supervisor Lemke, secorded by Supervisor Moseley and carried, authorization was granted to solicit a proposal from the firm of Warren, McVeigh, Griffin and Huntington concerning a study of the County's insurance program. AYES: Supervisors Lemke, Madigan, Moseley and Chairman Richter NOES: Supervisor Winston 77-271 PUBLIC HEARING: WARREN T. AMBROSE-APPEAL OF ENVIRONMENTAL REVIEW COMMITTEE'S DETERMINATION TO REQUIRE AN ENVIRONMENTAL IMPACT REPORT ON REZONING FROM "A-R AND "AR-MH" TO "PAC" IN CONJUNCTION WITH A 90 LOT SUBDIVISION, LOCATED ON NORTH SIDE OFMONTE VISTA AVE., O ROVI LLE TTie public hearing on the Warren T. Ambrose appeal of Environmental Review Committee's determination to require an environmental impact report on rezoning from "A-R" and AR-MW"to "PAC" in conjunction with a 90-lot subdivision, locai+ed on the north side of Monte Vista Ave., approx. 800 feet east of Lower Wyandotte Road, containing 15.29 acres, more or Tess, Orovilie, was held as advertised. Hearing opened to the public. Appearing: 1. W. T. Ambrose, owner of the property. Set out the justification for this appeal; he does not feel that this project is detrimental to the area. They have sewers, water, underground utilities and curbs and gutters, There is a 75' entrance to the development. Supervisor Winston did not feel that an E.I.R. should be required. Mr. Mc Keenan set out the background of this development. Supervisor Winston felt that the design of these developments should be something that Public Works would look into; the roads do conform with standards for mobile home parks. Clay Castleberry, Director of Public Works, stated shat the interior design is good; the access is less than they like to see. The E.I.R. should deal with the impact of the project. On motion of Supervisor Winston, seconded by Supervisor IlMseley and unanimously carried, the findings of the Environmental Review Committee to require an environmental impact report on rezoning was overruled; that the Warren T. Ambrose project not be required to file an E.I.R., with the finding that the project will have na significant effect on the environment. 77-272 PUBLIC HEARING: STONESON DEVELOPMENT CORP. REZONE FROM "A-2 LTD." TO C-2"FOR PROPERTY LOCATED ON WEST SIDE OF CLARK ROAD AT NUNNELLY ROAD (CONTINUED FROM 2-8-77) ADOPT ORDINANCE 1794 e continuation o t e Stoneson Development Corp. rezone from " A-2 Ltd. " to '{C-2"for property located on wesk side of Clark Read at Nur-nelly Road was held at this time. Hearing opened to the public of this time. Appearing: 1. Mr. Bob Dukes, McCain and Associates, introduced Jahn Rodiquez, Page 480. February 8, 1977 r"•. ~^. __._______==--~EeF~rwacy_~19I7==----_ ____________ representative of Stoneson Development Corp, The corporation are requesting that the Board consider the commercial only. Background of the matter set out. Hearing closed to the public and confined to the Board. Supervisor Lemke stated he owned a laundramat in the area of this rezone; would he be in conflict. County Counsel Assured him that he would not be in conflict. 'County Counsel stated that in conformance with the agreement with the Attorney General, if this rezone is approved it must have the finding that a hardship exists. Mr. Mc Keenan stated that an E. L R. has been prepared, which was prepared for the entire area. If the Board feels that thes+e~s•~acFequate information in the Impact I~port, the Board can find that the report is the final one as to the commercial activity. On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, rezone for that portion of Stoneson pevelopment Corp, for property located on the west side of Clark Road at Nunnelly Road consisting of 7.8 acres, from A-2 to "C-2" ,pursuant to the comments made by Mr. Mc Keenan, and with the finding that a hardship does exist since this application has been gai•ng on since September, 1975, and that the E.LR. has been found to be final as to the commercial activity. Ordinance 1794 adopted and the Chairman authorized to sign. 77-273 PUBLIC HEARINGS SET: CHARALENE P. CONN ON NEGATIVE DECLARATION & REZONING FROM "A-R TO "AR-MH"ON NORTHWEST CORNER OF V-6 ROAD AND LOWER WYANDOTTE ROAD, OROVILLE: HEARING ON ABANDONMENT OF PUBLIC UTILITY EASEMENT-SHAgYBROOK SUBDIVISION 7 e o owing pu is earings were set: !. March 8, 1977 at 9;45 a.m. for the Charalene P. Cann hearing on negative declaration regarding environmental impact and rezoning from "A-R" (agricuttural- residential) to "AR-MH" (agricultural residential-mobile home) on the northwest comer of V-6 Read and Lower Wyandotte Road, AP 36-022-09, containing 2.28 acres, more or less, Omville. 2. M. P. Scianna abandonment of a public utility easement along the easterly !2 ft. aF Lot 18 of "Shadybrook Subdivision, "Wagstaff Road, Paradise. March 8, 1977 of 10:00 a.m. 77-274 REPORT ON $34,000 FUNDING REQUEST FOR NORTHERN CALIFORNIA EMERGENCY MEDICAL CARE COUNCIL Report on , 0 funding request for Nort m California Emergency Medical Care Council discussed. Supervisor Winston stated he had material relating to this matter. He has attended meetings concerning this funding. He feels that this is a service needed by this County. A committee had been appointed and a -ecommendation had been made to continue to participate in this Council. Supervisor Winston stated that after investigating the matter, he concurs with the recommendation as the service to the people of the County is needed. Shan Patterson, Chairman of the Council, was present to answer any questions the Board might have relating to the funding. He explained the services Page 481. February B, 1977 ~ ~ -______ ----==~ebrvar~8y~97Z=====______~_~.~.~ the County would receive. Educational services set out. Budget set out and discussed. The Council will run an Emergency Medical Care communication system. They intend to pursue some funding that will cover a large part of the operation. Shasta County has discussed not going along with this Councii; they have stated that they might withdraw. Staffing discussed; there are IS people on the staff. It.will require about 6~ people for the dispatching system. Funds for the operation discussed. Chairman Richter stated he was not going to vote for this matter because he has not heard anything to show that it has a value to this County. Supervisor Moseley stated she could not vote "Yes" as there is no way to ~ustlfy the expenditure. It was moved by Supervisor Winston and seconded by Supervisor Lemke that it was the intent of this Board to go on record ~~ to continue participating in the Northern Califamio Emergency Medical Core Council. AYES: Supervisors Lemke and Winston NOES; Supervisors Madigan, Moseley and Chairman Richter MOTION FAILS. RECESS; 10:45 RECONVENED: 10:50 77-275 REPORT: JOHN A. SHELTON, PLANNING COMMISSION'S RECOMMENDATION OF DENIAL OF REZONING P annmg Commission's deport of vecnmtner~dakion'of iienial of the John A. Shelton rezoning from "A-2" (general} to "R-3" (medium density residential} for 13 acres, more or less, located on the north side of Shasta Ave., approx. 360 ft. east of Esplanade, identified as AP 44-053-02, Chico. Information. 77-:~6 REPORT: RECOMMENDATION OF DENIAL OF REZONING, STILSON CANYON RD. Report on t e Boar o Supervisors-P arming Commission s report o recommendation of denial of rezoning from "S-R" to "S-R" $tiison Canyon Rd., 360 acres more ar less, north of Doe Mill Rvad and East of Bruce Road, east of Chico. Information only. 77-2T1 REPORT: ROBERT D. BRYANT-PLANNING COMMISSION'S REPORT OF RECOMMENDATIONOFDENIALONREZONING FROM INTERIM "SR-I"TO "S-R" annmg ommiss~on s report o~reeorrsmendation of denial on the Robert IJ. Bryant rezoning from interim "SR-I " (wburban residential-I acre parcel) to "S-R" (suburban-residential) on the south side of Shasta Avenue approx. 1~4 mile west of Esplanade, containing 10 acres, more or less, Chico, filed. Information only. Page 482. February 8, 1977 ~., ~`' --______-===~r3tarLL$~.1r~~~__a=====-=-==arc 77-278 ADOPT RESOLUTION 77-22 GIVING NOTICE OF INTENTION TO ABANDON PUBLlC UTILITY EASEMENT On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, Resolution 77-22 giving notice of intention to abandon public utility easement along the easterly 12 ft. of Lot 18 of "Shadybrook Subdivision"was adopted and the Chairman authorized to sign. 77-279 WANE SECOND READING OF ORDINANCE REORGANIZING REPRESENTATION OF BUTTE COUNTY PLANNING COMMISSION On motion of Supervisor Lem e, seconded by Supervisor Madigan and unanimously carried, the second reading of ordinance Reorganizing representation on Butte County Planning Commission was waived. 77-280 ADOPT ORDINANCE 1795 REORGANIZING REPRESENTATION OF BUTTE COUNTYPLANNING COMMISSION On motion o Supervisor Lemke, seconded by Supervisor Madigan and carried, Ordinance [795 reorganizing representation of Butte County Planning Commission was adopted and the Chairman authorized to sign.' AYES: Supervisors Lemke, Madigan, Moseley and Chairman Richter NOES: Supervisor Winston 77-281 APPROVE REAPPOINTMEN' OFMEMBERS TO THE DEVELOPMENT COMMISSION AND TO THE BUTTE COUNTY LAW LIBRARY TRUSTEES On motion o Superv sor mston, se cone by Supervisor Madigan and unanimously carried, the following were reappointed to the Development Commission : District ~I; Bernard C. Richter District f`2: Jay Lyman Distri ct~3: Vernon Fish District ~`4; Elmer Ames On motion of Supervisor Lemke, seconded 6y Supervisor Madigan and unanimously carried, Dale Reed, 6161 Skyway, Paradise, was appointed a member of the Development Commission, representing District +f5. On motion of Supervisor Madigan, seconded bySupervisor Lemke and unanimously carried, Mr. Robert Blade was reappointed to the Butte County Law Library Trustees. 77-282 APPROVE APPOINTMENT OF PERSONS TO REVENUE SHARING UTILIZATION COlGIMITTEE The Fall""owing were appointed members of the Ravenue Sharing Utilization Committee: Orrin Stratton Appointed by Chairman Richter Ev Bosworth Appointed by $upervisor Winston Wayne Angel Appointed by Supervisor Lemke Don Blake Appointed by Supervisor Moseley :st _ :. . ;r.. ,. Page 483. February. 8, 1977 ~ r, ______________Febn,ary_8,, 1977 =_______________ 77-283 APPROVE OFFICE RELOCATIONS The Administrative Office proposes to relocate the Administrative Office Annex, Public Guardian and Veterans Service Office, and relocate the trailer on the old hospital complex for storage and office space by the Elections pepartment. Total cost of relocations is estimated at less than $4,000. Relocation discussed. On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, relocation of offices authorized as set out above and funding up to $4,000 approved. 77-284 DISCUSSION: JUVENILE JUSTICE PLANNING T e oca Crimina Justice Panning Board is requesting $817 local match money which would make them eligible for $7,350 in order to provide for the development of a juvenile delinquency plan for our region. Supervisor Winston asked 'MM1~at is a delinquency plan?" Plan discussed. Held over one week to have Howard Casagrande present to discuss the funding and adoption of the;.plan. 77-285 APPROVE LAKE MADRONE WATER DISTRICT AGREEMENT e oan agreement fween t e County an La a Madro-ne Water District has been prepared and has been reviewed by Counsel and the Auditor. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, Lake Madrone Water District agreement approved and the Chairman authorized to sign. 77-28b APPROVE RIGHT OF WAY GERTIFlCATIONS: ADOPT RESOLUTION 77-23 AND APPROVE AGREEMENT FOR SALE FOR RIGHT OF WAY ACQUISITION On motion o Supervisor Ma igan, seconde y Supervisor Winston and unanimously carried, the following action was taken; 1. Adopted Resolution 77-23 authorizing Public Works Director to execute right-of--way certifications was adopted ;and the Chairman authorized to sign. 2. Aperoved rightrof-way acquisition agreement as follows, authorized Chairman to sign and authorized Auditor to issue warrant upon demand of County`s escrow agent: Project Name Acres Price Impr. Total Lassen Ave. Assessment Dist. D. Miller Easement $850 --- $854 77-287 DISCUSSION AND INFORMATION ITEMS a) Needs of deve opments on County roads not providing year around access. Mr. Castleberry reported that the County could not expect any higher level of maintenance. Rural roads will not be maintained any better than at present. It was suggested that the problem of Swede's Flat Road area be referred to the Planning Commission For their study. It was stated that this road _ could not be re-built; there is a lot•of.parceling going on along this road. Page 484. Febrw ry 8, 1977 ~ .~ r.,~ ______________=Eelxruay 8~19Z7=====____________ (b} ${4,724 Senate Bill 283 grant to implement Oro Express transportation program. This Is for the subsidized taxi in the Oroville area. 77-288 APPEARANCE: MRS. MARGE JACOBSON Mrs. Marge taco son presented Board members tickets to the Walter Ferguson Soccer Tournament to 6e held in Oroviile Saturday, February 12, 1977. 77-289 APPEARANCE: NATE WHITE PRESIDENT-BUTTE COUNTY NAACP Nate ite, presi en# o Butfe County NAACP, requeste t Board's reconsideration of the denial of the program for Butte County Community Youth Councils and the pre-application for Planning funds for developing data on low-income needs. Gz~.~a This program would assist in the development of youth, employment and recreational activity of youths. Work program for juveniles is a deferent to the juveniles. He set out the justification for the request for reconsideration. Poverty level of the people in the County discussed. Chairman Richter explained his thinking in this matter; stating that a halt has to be called to the spending programs in this coun#ry. . Discussed; no action taken. 77-290 APPEARANCE: JAMES HANSON OROVILLE James Hanson, Orovl e, fe t t e -Board was finally becoming a little more knowledgeable in what was happening. He felt the Board did right in fuming down the programs they have turned down recently. He asked if County Counsel, when advising the Board, was under oath. r. He requested that when County Counsel appeared before the Board, that he be placed under oath, stating he folt the.rehas been negligence in the advise given by County Counsel. 77.291 APPEARANCE OF RICHARD COWARD: CALIF. DEPT. OF TRANSPORTATION: PUBLIC WORKS•DIRECTOR TO WORK WITH CITY OF CHICO RE NO RD AVENUE Mr. Richard Coward, representative from t e Ca i rnia Department of Transportation, Marysville, spoke concerning restrictive parking on Nord Avenue, Chico. Cal Tran could go in and prohibit the parking in this area but they prefer to have the local agency adopt an ordinance and placing "No Parking "signs under their approval, as it is a state highway. There is an accident problem on this road. The State would like Board action on this matter; they can work with Mr. Castleberry. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, Public Works Director was directed to work with the City of Chico regarding the no parking along Nord Avenue. 77-292_AUTHORIZE RELEASE OF FINAL PAYMENTON JUVENILE HALL 13111 Lawrence, County Auditor, stated that the final payment on Juvenile Hall construction is due and payable at this time. Stop payment Page 485. February 8, 1977 ~i ~"'~ !"~, ----------=====Fg6ruor~_BtL9Z7 =_______________ documents have been filed against this payment. They met this morning with the contractor and reached an agreement #o withhold $50,000 from the final payment. He suggested that the Board release payment to the contractor in the amount of $93,591.63. On motion of Supervisor Madigan, seconded by Su~rvisor Winston and unanimously carried, release of $93,591.63 was authorized to be released to the contractor of Juvenile Hall, Younger Bros. 77-293 DISCUSSION: FIRE HYDRANT MAINTENANCE Fire ydrant maintenance in certain unincorporated areas of Butte County discussed. it was stated that the County would have to enter into agreements with the water districts to have fire hydrant maintenance. Bob Paulus, Fire Warden, set out the cost for maintaining the fire hydrants in the unincorporated areas. There are about 700 fire hydrants. The Fee of $3.00 requested by Del Oro Water District is exorbinant. Mr. Paulus stated that they have agreed in Chico to maintain the hydrants at no cost to the people. The hydrants are inspected once a month. Suggested that the Board could diroct the Fire Warden to come in with agreements for maintenance of the fire hydrants. Del Oro Water District should be informed that the County will not pay the bill presented by them and that the County will maintain the fire hydrants. Mr. Paulus will pursue this molter and will bring back agreements for the Board's consideration. Administrative Officer will work with Mr. Paulus in this matter. 77-294 DISCUSSION: COUNTY SERVICE AREA NO. 53 Supervisor Lem a state a as en to that County Service Area No. 53 Heads help on their volunteer fire department. The people in his area are upset that they hove to pay for their equipment and other areas receive the equipment free from the Division of Forestry. Mr. Paulus explained the matter of the equipment. If the fire departments are willing to help themselves, then the Division of Forestry will help them. The people should be encouraged to stand together and help themselves. 77-295 DISCUSSION: ANIMAL CONTROL ENFORCEMENT REPORT T e A m~n~stratwe ice as prepay a report concerning problems of animal control enforcement. The report also includes recommendations an how to correct these problems. It was felt a date should be set for hearing this matter. Could have a hearing to discuss the license fee inc-ease and tlx concept of door to door Licensing. Suggested that CETA employees could be used for this door to door sale of the licenses. Drop boxes discussed. Suggested that the whole problem be referred to BCAG for their consideration. Page 486. February8, 1977 ~. February 8, 1977 Hearing set #or March I, 1977 at 11:15 for discussion of dog licensing and animal control enforcement. 77-296 AUTHORIZE ADMINISTRATIVE OFFICER~.~ COUNTY COUNSEL TO APPROVE CLAIMS UP TO $1,000 On oration of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, Administrative Officer and County Counsel were authorized to approve claims up to $1,000 purwant to the Government Code. 77-297 DISCUSSION & DIRECTION TO ADMINISTRATIVE OFFICE CONCERNING THE LOCAL PUBLIC WORKS EDA GRANT APPLICATION C airman Ric ter stated a wou d i e to see this Board lobby Congressman Johnson, regarding the local Public Works EDA grant application. Congressman Johnson is Chairman of the Public Works Committee. He would like to see the bil! amended so that projects that were the result of a nature! disaster would be funded. The bill could ba amended to have buildings replaced that wpB destroyed by natural d isas#e rs . Application discussed. Clif Mickelson, Administrative Officer, will follow through on this suggestion and determine if the Board can meet with Congressman Johnson. 77-298 BUDGET TRANSFERS APPROVED n motion o Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, the following budget transfers were approved: ~~ Count:P Service Area No. 26 - Phase•,II. 4'ransfere $8,500 Eton :ructures and r~3,000 contingencies, with $1.,000 going to administratiaa, 1,000 to engineering, $500 to legal services, and ~1,OC1a to rights of trap. irpose of the trattsfer is to make necessary budget adjustments in order ~ cover protect expenditures pursuant to the written request of the ~erc3lito Irrigation District Board, approved at their January 20, 1977 8-70 Sheriff -enforcement. Increases extra help X7,900 in order to vet the cost of security services provided to public activities in accordance th Board of Supervisorsr policy established in 1975-76, and to ba financed revenues for services performed. B-71 Board of Supervisors. Transfers X2,600 from the reserve to ofessionalized serdces in order to provide an appropriation for 2greexent th Ernst & Ernst for special study authorized by the Board of 5uper~isars. H-72 Juvenile Hall. Transfers 9x280.60 from the reserve, and to€gther Lth $8~.3 anticipated minding from a State Department of Education grant will icrease the equipment account within the Juvenile Hall by 9~1;123.6D in order ~ cover the purchsae cost of a refrigerator for the Juvenile Hall as proved by the Board on October 12, 1976. ~. ~ , . , ,_ ._..y,r.-....__ ---- ~ - -- - .. ......~..~. 77-299 APPROVE POLICY FOR AUTHORIZING CANCELLATION OR REFUND OF TAX DELINQUENT PENALTIES T e Treawner requests direction concerning the procedure for authorizing the cancellation ar refund of tax delinquent penalties. Page X487. February 8, 1977 r [~ Background of request sat out by Carl Morton, County Treasurer. The only cancellations or refund of tax delinquent penalties will be those brought about by the stafF`s error. The policy would be set that the Treasurer would only cancel the penalty when staff made the error. On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, policy concerning the procedure for authorizing the cancellation or refund of tax delinquent penalties approved cs requested by County Treasurer; penalty to 6e cancelled only when staff made the error. 77-300 SHERM FROST APPOINTED MEMBER OF REVENUE SHARING UTILIZATION COMMITTEE On motion o SupErv~sor igon, secan e y peroisor mean unanimously carried, Sherm Frost was appointed a member of the Revenue Sharing Utilization Committee. 77-301 COUNTY COUNSEL & ADMINISTRATIVE OFFICER TO REPORT BACK NEXT WEEK ON QUESTIONS RELATING TO AB 3121 It was stated t at t e Board mem rs had received a questionaire about AB3121; this should be considered next week. It was osked if the County wants to participate in this matter. 'fhe County could participate on the basis of assessed value. On motion of Supervisor Madigan, seconded by Supervisor hMseley:: . and unanimously carried, County Counsel and Administrative Officer were instructed to go over the matter and bring back a suggested answer. ADJOURNMENT: T ere being nothing further before the Board at this time, the meeting was adjourned at 12:05 to reconvene on Tuesday, February 15, 1977 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK /~ ~,~ By: ~ ' C ai'~F~ rman o~T ar C er of t e and Page 48B. February 8, 1977