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HomeMy WebLinkAboutM041878April [8, 1978 :~ ~~. STATE OF CALIFORNIA ) .. SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Les7ke, Madigan, Moseley, Richter and Chairman Winston. Clif Mickelson, Administrative Officer; Dan Blackstock, County Counsel; and Clark A. Nelson, County Clerk, by Margie Catt, Asst, Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Invocation by Supervisor Moseley, 78-732 APPROVAL OF MINUTES On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the minutes of April ll, 197$ were approved as mailed . 78-733 COMMUNICATIONS Velma V. Butler, Magaliao Mrs, Butler sends notification that she will not be seeking reappointment to the Kimshew Cemetery District Board of Trustees when her term expires at the end of Juneo This is a normal vacancy; Supervisor Lemke to nominate someone for this vacancy next week. Butte County Farm Bureau. Gerald Geiger, president, writes conceming the Farm Bureau's support of Proposition 13, Information. Chico News and Reviewo Robert Speer writes conceming community based organizations seeking CETA funding. See discussion following these communictitions. Oro Environmental Inc., Foresthifl. The Firm writes conceming the appeal of Frank Pease which was denied by the Board on March 14. See motion following communicationso Paradise Property Owners Association, Inc. The Association writes conceming the summary abandonment process of utility easements in the Paradise Pines area. Discussed. Clay Castleberry, Director of Public Works, to answer the letter based a, the Board's past actions. City of Chico. Mayor Thom writes conceming the adoption of limited burning regulations in the unincorporated areas of Chico. Supervisor Richter stated Planning Commission held hearings on this matter, Adm .Officer to answer. Citizens Advisory Committee on Water, Charles Randolph, chairman, writes conceming Senate Bill 1505 (Ground Water Management}. To be discussed at tonight`s meeting; CSAC taken position in opposition to this. Oroville-Wyandotte Irrigation District, The District writes conceming the sale of their surplus watero Referred to Citizen Advisory Committee for in-put, To be discussed at tonight's meetingo Congressman Harold T. (Bizz) Johnsono Congressman Johnson writes conceming information he has received from the Bureau of Reclamation with regard to the Chico canal . Discussed; copy of this letter to be given to Water Committee. Page 387. . Apri 118, ! 978 ___________=W~~ April 18J 1978,T~~________ Upper Ridge Coordinating Council. The Coordinating Council appeals the Board of Zoning Adjustment's approval of a use permit for Sierra Development and Construction Company, AP 64-bb-02 and 06, west side of Skyway approximately 300 feet north of Wycliff Way, Paradise. Set for hearing on May I6, 1978 at 10:15 a,m. Bachman Engineering. The Engineer, on behalf of Errol N, Hall, asks that Mr, Hall's map be considered at the earliest possible date rather than continuing consideration to August I, 1978. Earl Nelson, Environmental Review Director, said that the date set for hearing this matter is the earliest date that this could be held. Mr. Mickelson to answer this letter informing Mr. Bachman of this discussion. 78-734 DISCUSSION: COMMUNITY BASED ORGANIZATIONS SEEKING CETA FUNDING C~iairman Winston made a short statement concerning the matter of community based organizations seeking CETA funding. He suggested that the matter be referred back to CETAC for review and to bring back a recommendation to the Board, Supervisor Richter explained his thinking in bring i~ngsth°ir•`stir~atFgr~'ta the Board's attention. He felt the County should not fund the political-active community groups. He, also, opposed the funding of the local Chambers of Commerce. There area a number of organizations that the County funds that are political-active organizations. These organizations should not be funded with local taxpayers dollars. Supervisor Richter suggested that the Board put together a 'blue letter"group, a range of people that are highly respectful, and develop a criteria to be used for funding. Supervisor Madigan stated he had information about the Butte County Legal Services, Information concerning these services presented by Supervisor Madigan, Letter s have been mailed in envelopes of Butte County Legal Services, to people in the County, conceming transporatation services in the county. Under Public Law, it is strictly prohibited to use the services of the personnel or the equipment to mail out this type questionaireso The mail and supplies are being used to lobby for public transportation , ~`On~ motion'cf; Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, fhiss matter was referred to the Grand Jury for investigation as being in violation of Public Law No. 93355. Their attention should be called to the fact that Butte County Legal Services used government equipment and postage in furthering a community causes Dan Siegel, attorney, as representative of Butte County -Legal Services. He presented the Board members with copies of the reply they have given to the Chico Enterprise Record, Essentially what they are being accused of is participating in political endeavors. Letter read by Mr, Siegel, setting out the position of Butte County Lego! Services. The service cannot engage in political activities unless they are representing a client, The client does not want his name revealed. Reply prepared by Mr, Siegel discussed. Supervisor Richter said Page 388. Apri 118, 1978 ________________April 181978 .-=T___..___________ he was very saddened by this matter; it appears to him that Butte County Legal Services are in violation of the law. Butte County Legal Services has engaged in a lobbying effort for an issue that is in violation of the law. Mro Mickelson will refer this matterto the Grand fury. Supervisor Lemke made a statement about the CETA funding; he'felt the Board should put together a Blue Ribbon panel to investigate the matter. The County already has such a panel in the CETA Council. On April 27th the County has an appointment with the Department of Labor in San Francisco, to discuss this matter. The representatives of the county will talk to the. Department of Labor representatives about their interpretation relating to CETA funding of Community based organizations. Supervisor Lemke requested that this matter be delayed-two weeks. Supervisor Richter said he had no quarrel with delaying this foi~ two weekso A~atter held over two weeks for further in-put from Mr. Rackerby and Supervisor Lemke o 78-735 APPROVE A CONTINUANCE HEARING~FOR~FRANK PEASE APPEAL On motion of Supervisor Lem e, seconded y Supervisor Madigan and carried, without setting a precedent, an additional continuance was granted an the Frank Pease appeal; said applicant to be ibformed of the extension of the hearing,. which- was set for June 13, 1978 at 9:45 a.m. AYES: Supervisors Lemke., Madigan and Moseley> NOES: Supervisor Richter andChairman Winston 78-73b-PUBLIC HEARING: HOUSING AND COMMUNITYDEVELOPMENT 1979 PREAPPLICATIO N Thepyoublic hearing on the Housing and Community Development 1979 preapplication was held as advertiseda Hearing opened to the public. Appearing: no one., Hearing closed to theppull~.c and confined to theBoard. Mr, Ward Connerly explained the steps the- Board had to take to proceed~:'at this time, Mr. Connerly said they are-ready.to submit the pre-application. He had recommendations to make to theBoard at this: time. I. Need to submit the application .for the EI Medio area. This . involves the black surrounding Greenville, Rosebiny Ft. Wayne and Fallbrook. It means the~acgvisition of some of the property.. Also need funds to repair the drainage ditch for thecone blod< area, Thiswould total about $250,000. 2. Chapmantown application, none-biockrarea, consisting of Martin Street, Boucher, Cleveland and California Street. Total application cost would be $200,000; this would be a clean application. They'nhave a problem with the EI Medio that concerns the drainage ditch, Farmers Home Loan-v,riaill give a grant. to improve the drainage ditch, The problem is that they need about $150,000 from some place. The ditch would be eligibFe for the project; this would be for the one block only. Procedures set out. There is a cash flow problem at this time. A portion~f the ditch could be included in the comprehensive project. The County could Page 389. April 18, 1978 _______________Apri1L$t19Z$====_===_=___=__=__ be requested'to make a loan to the program for that areao Mr,Connerly explained how thepproject could be handledo An assessment district could be formed to repair the drainage .ditch. Suggestion discussed, It was suggested that Mr. Connerly proceed Yuith the pre-application, He should proceed with the Farmers Loarr fund and the application for funds. Mr, Conn~rly was requested to proceed with the pre-application, ~• 78-737 DISCUSSION: TRAFFIC PROBLEM INCHICO, LASSEN`AVENUE TO FREEWAY Supervisor Ric ter set out a orrendousktcafficsTtuation concerning EI Paso Way that gauss off East Avenue to Lassen...1t is a Tittle narrow street, built in the residential area. He met with people in-the area to discuss the problemo Life is in danger when p person gets out of his vehicle. It was felt that this is a critical traffic problem, Supervisor Richter requested that Public Works do a survey to see how the problem could be alleviated,. Mr. Castleberry wi II bring back a recommendation on how the matter would be alleviated, 78-738 REPORT' ON MEETING 1NITK FARMERS IN-RE INSECTICIDES Supervisor Ric ter reported on t e meeting e d ast evening in the Chico City Chambers with the farmers and orchardists concerning the use of pesticidese There were about 350 farmers in attendance; the room was packed. Basically, the farming community asked the Board and the Agriculture Advisory Committee to support AB 3726. This is Chappie's bill; it was felt that Assemblyman Johnson's bi I I went to far. The farmers requested that the Board use their resourcesto get a lobbying effort underway that might involve a day in Sacramento. The County should contact other farmers groups to see if they can secure their support for -the Farmers Day in Sacramento: At last nights meeting,, there was a great deal of concern expressed to the Fazid3.ill,, It was suggested that maybe some of the essence of the, Fazio Bi li ` r could be placed in-.the Chappie-Bill, It was moved, by Supervisor Richter; secanded.by Supervisor Moseley and unanimously. carried, that the Board adopt the recommendationso~h:nut in last night's meeting; support the basic recommendation to support AB 3726; and use county personnel and efforts to get together a lobbying effort that might involve q day in Sacramento for the farmers to present their views to the State Legislature; to contact other farmer groups in other counties to determine if they will support Butte County farmers Day in Sacramento and to see if this effort could be done within the: next 30 or 40-daysa Clif Michelson, Administrative Officer, will meet with Mr. Bandy and some of the farmers and put together the plan to follow; he will report back to the board his progress. 78-739 REPORTS BY SUPERVISOR LEMKE Supervisor Lemke stated a statement had been made that the liquor store on the route in Paradise for the Bike-a-thorr would be closed on the day of the race , It wi I I be open . page 390. Apri 118, 1978 ______--=---Apri118~19Z8 ____________________ Supervisor Lemke made a brief report on the trip made last week to Centralia "in Washingtono They. toured the coal-fixe plant at that location. Operation of the plant set outo There are two independent-plants in operation; one of the plants was closed down. The stacks are very clean. He supports .the establishment of a coal fire plant here 'in Butte County, It will bring in many tax dollars. All four locations being considered are in the same air basin. Which ever county get the plant, they will also rgceive the tax monies. Chairman Winston said he ,could not.go on the trip to Centralia. He has seen the plant there, and he plans on viewing the other plants. This will be a very controversial issue. The farmers in Richvale have expressed concern with the idea of the coal fire plant. 7~8-740 CHAIRMAN WINSTON: ROLE OF APPOINTED COMMITTEES Chairman Winston said he had a meeting with'one of the Chairman of an appointed group. He asked what the role of the appointed committee would be. Chairman Winston suggested that the"Administrative Officer be instructed to refer matters that are appropriate. to the committees when possible. He said he would"appreciate in-put from the appropriate committee. Mr: Mickelson said they would have. to use their own judgment; they will-.list the communication on the agenda with a note that it has been referred to the appropriate committee, Chairman Winston "said that there are no provisions for reimbursement for actual out-ofpocket expenses of the committee members. He urged that the County include a nominal sum for postage, paper and travel expenses for these committees in,the upcoming budget. RECESS: 10:30 a.m. RECONVENED: 10:35 a.m. __ --- _ - 78-741 AUTHORIZE PURCHASE OF DESKr'~?~;~~R~RISK MANAGEMENT COORDINATOR Board authorization is requested or.t a pure ase o a des rom t e purchasing revolving account at a cost of $100. The desk is to be utilized by the risk management coordinator in the Administrative Office that was recently authorized. On motion of Supervisor Richter, .seconded by Supervisor Moseley and unanimously carried, purchase of desk authorized,. in the amount of $100, with funding coming-from savings within the fixed asset account, 78-742 AUTHORIZE PURCHi?;SE QF MAIL iNSERl'ING-.MACHINE: WELFARE DEPT. Authorization is requested y the We fare Department fort e purchase of a three station mail inserting machine which has become necessary as a result of additional caseload reporting regliirementse A surplus machine may be available from Washoe County, Nevada at an estimated cost of $6,000 that will fulfill the needs, Funding would come from savings within the 1Nblfare Administration budget. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, purchase of mail inserting machine authorized,-not to Page 391, Apri 118, 1978 _______--_--~ Apri11811978=====___--===_____ exceed $6,000 contingent upon on sight inspection; 78-743 AUTHORIZE ADDITIONAL ITEMS: GRIDLEY-WATER TANKER MODIFICATIONS As requested . y t e Board a ist o€ i#ems and cost for t e water tanker recently purchased for the. Fire Department through the Revenue Sharing District Allocation Program has been developed, Included are front wheel, brakes, $1,200; radio, $800; and plumbing, $500. On motion of Supervisor Richter,, seconded by Supervisor Moseley and unanimously carried, additional items for the Gridley water tanker modifications was authorized, with funding to come from the District 4 Revenue Sharing District Allocation Program , 78-744 AUTHORIZE: AUDITOR TO PAY PG_& E UTILITY BILLINGS PRIOR TO PRESENTATION H new Doling procedure has beerndeveloped whereby the County can savings from'the Pacific Gas & Electric Company for gas and electric services. On motion of Supervisor Richfier, seconded by Supervisor Moseley and unanimously carried, the Auditor was authorized.to pay PG and E utility billings prior to presentation to the Board for allowance.. - 78-745 RE.PORT.:TO BOARD_CONCERNLNG SHERIFF'S NEED FOR FOUR-WHEEL DRIVE VEHICLE IN PARADISE AREA: PUT OVER ONE WEEK The report to t e Board concerning Sheriff's need for four wheel drive vehicle in the Paradise area was put over one week. 78-746 BUDGET TRANSFERS APPROVED On motion of Supervisor Lemke,. seconded 6y Supervisor Richter and unanimously-carried, the following. budgeP transfers were approved: B=160 Public Works-General Services.- This transfer establishes an appropriation under professional and specie ized services in the amount of $22,680 for the consultant contract in review. of the PG and ~ Notice of Intention in accordance -with Board of Supervisors' action March 2$, 1978; Minute Order 78-600. Revenue is anticipated from- the Sfate Energy. Commission reimbursemento B-161 Administrative Office, Transfers $700 from the reserve to overtime in order to cover current deficiencies and provide an appropriation for the remainder of the year as a result of special reports and agenda preparation. B-162 Assessor. Transfers $511 from office expense to special departmental expense in order to cover current. deficiency and-provide for the remainder of the fiscal year because of unanticipated increases in the cost_of film. B-163 Public Works-Transportation Systems. Transfers $1,000 from completed SB 325 Forbestown Road project, #8031 to fund the county's portion of the Gridley Flyer taxi system which was approved by-the Board of Supervisors on March I6, 1978. B-164 Fire Protection. Transfers $5 from special department expense fio memberships to cover the increase in membership dues for the Nations! Fire Protection Association. ' B-165 Central Services. Within the motor pool budget transfers $1,500 from Page 392. April 18, 1978 rents and leases of equipment to maintenance of equipmertit in order to cover the deficit and anticipated needs as repair of pool cars was underestimated in the budget. Within central communications transfers $1,000 from maintenance of equipment to other transportation and travel to cover the current deficit and anticipated needs as fuel costs for delivery and courier vehicles was underestimated. B-166. Paradise Judicial Court. ,Transfers $171 from extra help, $34 from visiting judge's expense, and $1,099 from the reserve; with $34 going toward overtime, $70 to memberships, and .$1,200 to office expense in order to provide appropriations to cover budget deficiencies and anticipated expenditures for the remainder of the year. X47 APPROVE REV.ISE.D. MILEAGE REIMBURSEMENT ALLOWANCE AND YOUTH WEATHERIZATION TRA]s~1GNC~~ PROGRAMGRAI*1T t is proposed t at t e mi cage reim ursement rate be increased from 15.5 cents per mile to l7 cents per mile in occordance with Community Services Administration instructions. Money'is available from. within the EOC budget for this increase. A grant 'proposal has been prepared with the State Office of Economic Opportunity to submit a proposal for a Youth..Weatherization Training Program that would provide funding in the amounf of $14,880 for training of youth and weatherizing homeso This would allow for weatherization of 78 additional low income homes in the South Oroville area commencing July 1,. 1978. On motion of Supervisor Richter, seconded. by Supervisor Moseley and unanimously carried,-the followirig action was taken: 1. Approved 'the increase in mileage reimbursement rotes from 15.5 cents per mile to 17 cents per mile in accordance with Community Services Administration instructions. 2, .Approved the Youth Weatherization Training Program grant proposal for submission and authorized the Chairman to sign. 78,748 APPROVE GRACE NICHOLS RENEWAL OF VARIANCE: PLACEMENT OF MOBILE NOME On motion.of Supervisor lvloseley;-seconded by Supervisor Madigan and unanimously carried, the Board approved the renewal of variance to Sections 19-10 and~or 19-12 of the Butte County Code for placement of a mobile home on AP 26-12-4-008, P.O. Box 23, Palermo for Mrs. Grace Nichols. X49 APPROVE MENTAL HEALTH SERVICES PLAN: ADOPT RESOLUTION 78-81 APPROVING THE.SHORT-DOYLE PLAN The annual plan for Butte County Mental Health Services for the 197$-79 year has been prepared and includes a budget submission for application to the state for allocation of Short-Doyle funds. Total amount of the budget is $1,881,842, with the county share being $168,871, Dr. Maguire present to explain the increase in staff as proposed. They feel they will be in the new building 6y July 1st, County share towards this budget set out and discussed . On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimausly carried, the mental health services plan was approved, budget approved for submission to the State, Resolution 781 approving the Short-Doyle plan was adopted, Chairman authorized to sign,. and Chairman authorized to sign the certification of County I~a4i~ Form D, Page 993. Apri 118, 1978 ___ April l81 147'8 _______,___ -750 ADOPT RESOLUTION 78-82 AUTHORIZING ADMINISTRATIVE OFFICER TO SUBMIT FORMAL OFFER_TO P_URCHASE_& ESTABLISH JUST COMPENSATION: ACQUISITION OF REAL PROPERTY; 2567° ELGI N STREET An appraisal has been received from_William H. P. Dolan, Jr. for 2567 Elgin Street recommending a fair market value of $4,500. Mr. Connerly set out the background of the mattero The County will buy 'the lot.. and-tear the house down. The lot will then be ready to have a new structure built on, it for a low income family. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, Resolution 78-82 authorizing the Administrative Officer tosJbmit a forma! offer to purchase and establish'ju"st compensation at $4,500 was adopted and the Chairman authorized'to sign. -751 APPROVE. PROPOSAL FOR PROPERTY DISPOSITION-EL MEDIO A proposa to write. down a portion oft' va ue of property acquired under the Housing and Community DeveF opmenf program for redevelopment of Farmers Home Administration single family homes located at the southwest comer of Burlington and Elgin, 2567 Elgin'Street, dnd 3466 Columbia Street, was presented. Mr,. Connerly said he would like the proposal approved and be authorized to sell the sites to T $ L Construction Company. On motion of Su~rvisorRichter, seconded by Supervisor Madigan and unanimously carried; proposal for property disposition in the EI Medio area as set out above was approved, sale of properties approved to T & L Construction Company, and providing fora 90"-dgyescrow time. -752 SUPPORT THE.HIRLNG OF EN.GINEERLNG FIRM TO DO THE ENGINEERING WORK REGARDING DITCH IN THE EL MEDIO AREA' Mr. Conner ystirted a ad just to ked to Farmers Loan. They need certain engineering services regarding the repair of the drainage ditch in the EI Medio area. He would like the Board's approval for the hiring of the firm of Riegel & Associates to do the necessary engineering work at this time•a On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the Board supported the hiring of Riegel & Associates Engineering firm to do the necessary engineering work regarding the ditch in the EI Medio area. -753 REQUEST FOR DEDICATION OF WORK IN THE' EL MEDIO AREA Mr. Connerly stated t at' HUD wou d ilte to have a dedication ceremony of some of'the work in the EI Medio area to show the success story of property restoration in that area to present to Congress. The Board authorized Mr. Connerly to have the dedication ceremonies by HUD early in the summer of 1978; '54 AUTHORIZE DISCHARGE OF ACCOUNTABILITY-MEDICAL INDIGENT HOSPITAL ACCTS. e Treasurer requests disc arge from accounts i ity on num rous accounts• totalling $106,$69.73 pursuant to appropriate sections of the Revenue and Taxation and Government Codes. On motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, Treasurer was authorized Yo be relieved of accountability of hospital accounts as indicated and directed the Auditor to adjust the charges against the treasury by a similar amounto Page 3940 Apri 118, 1978 _____________ '41-'riFl8~ 1.978='===___-__==______ 'S5 APPROVE AMENDMENT 70TGENERAL~ASSISTANGE MANUAL An amendment to-the General Assistance manual,has een prepared which would establish a work search .program for employable General Assistance applicants and recipientso On motion "of Supervisor Richter, seconded by Supervisor Madigan And unanimously carried, amendment to General Assistance Manual was approved. 'S6_AP.PROV.E ROSEBEN AVENUE,. D STREET,. ELGIN STREET & FT. WAYNE STREET; CCO #I, PROJECT 25505C-77-f Contract c ange order I in the increasing amount of $16,035.80 provides for installing storm drains on Fallbrook Avenue. , On"motion of Supervisor Richter, seconded by Supervisor.Moseley and unanimously carried, Contract Change Order:#I; in the increasing amount of $16,035.80 which 'provides for installing storm drains on Fallbrook Avenue was approved and the Chairman authorized to sign. , 757 APPROVE RIGHT OF WAY ACQUISITION, AGREEMENTS FOR SALE On motion of Supervisor Madigan, seconded by Supervisor. Richter and unanimously carried, the following agreements for sale were approved, Chairman authorized to sign and Auditor authorized to issue warrant upon demand of County's escrow agent: Hilldale Avenue 26525 R. A9. Midkiff et ux 35 `.strip $550 Hilldale Avenue 26525 C. G., Johnson et ux. 35' strip $400 Skyway 51261-77-I J. E. Franklin: et ux 0.019 acre. $290 X58 ADOPT RESOLUTION AWARDING CONTRACT TO KEMEN & SON: WOODRIDGE ASSESS- ME NT DISTRICT - On motion of Supervisor Richter,. seconded by Supervisor Lemke and unanimously carried, Resolution 78-83 awarding- the construction contract to Kemen and $on-for the Woodridge Assessment District; ~[bs;4t#ap#ed.FGI~aF~nciut{~at?i~edntp sign and filing of notice of award approved,. X59 APPROVE AMENDMENT TO BUTTE COUNTY SOLID WASTE MANAGEMENT PLAN Clay Castleberry, Director of Public Works, explained the proposed amendment to Butte County Slid Wstste Management Plan,_stating that there has been a request by LouisianaRa~ci'fYO/a ~'e allowed to store wood waste on their property. City of Oroville has given their concurrence to the requests Mr. -Castleberry said they were requesting authorization for the storage of wood waste on.their property. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, amendment to Butte County Solid Waste Management Plan as prepared by Public Works was approved, for the storage of wood waste by Louisiana Pacific. X60 LARGE LOT SUBDa`;'ISION TAKEN OFF AGENDA BY PUBLIC WORKS DIRECTOR The ange lot subdivision item on this,we~k's agenda-was taken off at this time by Mr. Castleberry. X61. REPORT BY PUBLIC WORKS DIRECTOR:.BIKE COMMLTTEE..MEETINGS: NEW MAN ONBOARD TO HANDLE THESE MEETINGS & SB325 PLANNING C ay Castle rry, Director of Pu is Wo s, reported t at he has a new man Page 395. Apri 118, 1978 _____________~iLl$cls7~===______=__________ in Public.Works that will handle the Bike Committee meetings and all other matters relating'to local transportation matters. He advised that a meeting has been called of the bike committees and for 56 325 project planning. 78-762 APPROVE BUTTS COUNTY FAIRAGREEMENT An amendment'to t e renews agreement with the Fair Board -that was approved December 6, 1977 has been prepared concerning insurance provisions. On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the amendment to the Butte County Fair agreement was approved and the Chairman authorized. to sign. ?63 APPROVE =~~k~6VING FJRST.READING OF O-RDINANCE.DESIGNATING SHERIFF AS EX-OFFICIO MARSHAL On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried; the first reading of.the ordinance designating Sheriff as exrofficio Marshal was. waived.. 764 AMENDMENTS=TO SUBDiV1SION ORDINANCE:.PUT OVER ONE WEEK Chairman Winston stated he has not received any in-put on the amendments to subdivision ordinance and would iikethis put. over another week. Approval of ordinance put over to April 25, 1978. -765 WAIVE SECOND READING & ADOPT ORDINANCE 1915 IMPLEMENT GOVERNMENT CODE SECTION 27471 (EMBALMING FEES- On motion of Supervisor Lem e,,seconded by Supervisor Richter and unanimously carried, -the second reading of the ordinance implementing Government Code Section 27471 (embalming fees) was waived, Ordinance 1915 adopted and the Chairman authorized to sign. -766 APPROVE APPOINTMENT TO THE CIT.IZENS,ADVISORY TASK FORCE FOR BUTTE COUNTY GENERAL PLAN.HOUSING ELEMENT UPDATE: DON MADAM On motion of Supervisor Lem e, seconded y Supervisor Ric ter and unanimously;carried, Don Madam was appointed as a member of the Citizens Advisory Task Force for Butte County General Plan Housing Element Update. -767 APPEARANCE: DON BLAKE, EMPLOYING OF E©AW INC. FOR STUDY OF COAL BURNERS Don Brace, Chico, set out the background of his protest of the hiring of9;~~ the outrof-area consultants to survey the coal burning plant. The Board approved the hiring of the EDAW Inc. to do the study. On ~4pril 13th, a young man entered his office. He was Christopher Vaugh, an •employee of EDAW, Inc, Mr, Blake told.him of his opposition to the coal burning plant. He accused Vaugh of being on -the "do-hire "list. Mro Stephen F. Castle has written a statement that he heard the conversation between Mr, Blake and this EDAW Inc. representative. Mr, Castle has offered to testify before any group that the Board so desires. Mr, Blake feels that the hiring of this group was a mis-use of public funds. He suggested that the .Board cancel the contract at this time... No-action taken to this suggestion. Page 396. Apri I I8, 1978 _______________A~ril_I8,_I978_____ 78-768 APPEARANCE: FRANK.COSTELLO, HURLETO.N:~WEDES.FLAT ROAD,_.DLREC-TOR OF THE OROVILLE AREA PROGRAM FOR HIRING OF HANDICAPPED PERSONS Mr. Fran Coste o, Hur eton-Swedes F.at Road, stated a was t e director of the Oroville Area program for the hiring of.the handicapped. There are many ongoing programs in this field, He suggested to the Board that they should not spend more-money instituting new groups-for this€pr~syram.This group is already established for the hiring of the handicapped person., He would like to be apart of the new county program, His request to be given to Mrs, Razia:-Kahn. 78-7b9-APPEARNCE.:;MRS.:E. SHIELDS,,ORANGE AVENUE, OROVILLE, CHAIRMAN OF THE ADVISORY BOARD OF THE SENIOR.CITIZENS-NUTRITIONAL CENTER rs. S ie d;reportect t at t e Advisory Board of t e Senior Citizens Nutritional Center was having troubles, They are set up in the Taylor Memorial Church; they prepare u,p to I60 meals per day, A relief fund has been set up for extra help, They have two cooks; they were allowed to hire .one more cook, At the present time, the new regime has taken charge of this program in Red Bluff. They informed the local group to lay off the extra help. They also told them to cut off the meals to the home bound and.to Name deliveries to people that are sick, but that usually come in fortheir meals.... Mrs, ShcQlds asked what. they should do: follow their by-laws or the new regime irr Red Bluff. -She was told that they would. temporarily be bound by the directives from the Red Bluff Office. That group will pay for. the salaries of the employee's cooking these meals, .chairman Winston suggested that the Administrative Officer contact the group in Red Bluff. and, perhaps could come up with a.suggestion, Mr, Mickelsan will handle - this at this time.. ' 78-770 APPEARANCE: MRS. KAREN SUM1~dE RFELD,_REPRESENTING CLIENT IN CHICO OWNING PROPERTY TO NORTH OF CHICO ~ . Mrs. Karen_Summerfeld,.representing..a client-who owns property north of Chico, stated they have run into a problem, A partial reconveyance has been received by Mr, Carl}sleo' A pr~~ji~~of the property-falls .within the ~WiFliamson Act. Request for removal from-the Williamson Act received at this time. Supervisor Richter stated that County Counsel is conversant with this property.. The people on the- ,91 acre have squatter rights, This land does belong Ito-the property she is talking about.. 'Dan Blackstock, County Counsel, said the owner could apply fora partial cancellation through the Ag Committee. The Committee could consider the request and-bring back a recommendation to the Board, As soon as the committee receives fhe petition from the property owner, they will hold a hearing to consider the request; ~ The property owner should sign the petition. Mr. Carl~le;:aivillvwti,te ~: a letter to the Williamson Act Committee and they will. hoid.a meeting on the request. Mrs. Summerfeld said she would convey this to the .property owner. 78-771-AP-PEA.RANCE: STEVE ROBINSON, CHICO: REQUEST FOR REZONING DR. CLAESGENS VEi'ERINARY HOSPITAL Steve Ro inson, Chico, a member of the Dickenson Construction Company, and representing the owner of fhe Dr, Claesgens veterinary hospital, requested the rezoning of the property, Dr, Claesgens would like to e~atend the dog runs. Site set out. Page 397.. April 18, 1978 _______________=April 18`-!978====______..-_'___-- The hospital. is already existing within the properly lot lineso He desires to enclose the runs. Variance procedures have been initiated. Supervisor Richter stated that there was not way that he could vote for the interim rezone as the owner cannot show that the public health and safety of the residents depends upon the rezone. There is no way the Board could justify going from dmore restrictive to a less restrictive zone. Chairman Winston agreed with Supervisor Richter. Request discussed, It was moved by Supervisor Richter,.seconded by Supervisor Moseley that. Planning Commission investigate the 'feasibility of doing away with side yard requirements in C-2 and C-I districts. 78-772 APPEARANCE: FRANK COSTELLO: SPEAKING REGARDING SWEDES FLAT ROA D frank. Costello spoke on behalf of the solution ao the dangerous and some-times impassible roads in the Swedes Flat Road area.. They have now reached a stalled position. The first of the year they asked for the County. specs for this type road; then a 6ui Iding moratorium was thought up for another stall, Other stalling procedures set out. A few weeks ago the Board passed a resolution to have innocent owners receive a $700 fee placed against their lando At this time, Mr. Costello requested that the Board rescind their action requiring the $700 fee by innocent praperty owners. No action taken. 78-773 .APPEARANCE:. LEE COLBY, DEVELOPER: DEFINES ATWO-CAR GARAGE TO SUFFICE AS A TW)-SPACE PARKING AREA Lee Co y, deve open Orovi le, stated he has under construction 100 homes south of Oroville. They havecpplied for their last 25 permits. They are in compliance with the zoning ordinance for off street parking requirements. Under-the new building requirements parking spaces have to be 10' x 20'. They are in compliance with the FHA requirements for a double car garage by having the garage space I8' long. He asked why the driveway area could not be used for parking space. They areaonly two feet short of the county requirements. Parking space requirements set out by Dan Blackstock, County Counsel. Clay Castleberry, Director of Public Works, stated that the Board has approved variances to~~ss in the south side. It was moved by Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, that the Board recognizes that atwo-car garage does suffice for a two space parking area, with the exception of the requirement, alpwing said space to be 10' x 18' rather than the 10' x 20' as set out in Section 24-~3tiidf t~ie`Co~, ty~'Ccade. 78-774 REQUEST BY COUNTY AUDITORfOR BOARD TO RECONSIDER H1S REQUEST FO R LEGAL DEFENSE Bi Lawrence, County Auditor, offered the Board the opportunity to reconsider their denial of his request for legal representation. A written memo was presented to the Board setting out Mr. Lawrence's request for said legal defense. Page 398. Apri f 18, 1978 --------------A,~rid 18,1978----__-------- The Grand Jury found no fault against Mr. Lawrence so Mr, Lawrence requested that the Board rescias~d their action and assign one of the deputy county counsel's to defend him at no cost to the County. The rtg~f'adcepted Mr: Lawrence's memo but took no action on his ,- .. request. 78-775 APPEARANCE: MIKE PEARCE, SWEDES FLAT ROAD Mike Pearce, Swedes F at Road, stated t at before last week, the committee had gone so far as putting the idea together of confronting the property owners in that area with a $I,00 ad valorium tax to do the construction work on the road. However, they now feel it would be unrealistic of #his Board to think that the property owners would allow themselves to be taxed the $750 fee and then put an. ad valorium fax on their property. The property owners are now requesting that the Board rescind their action on the resolution that sets out this fee. Mr, Castleberry stated that.the $750 fee would only be an the parcels that are in violation. Mro Castleberry-will give Mr, Pearce a list of the parcels that are involved in this fee. Mro Pearce again requested the Board to reconsider their action regarding the adoption of the Resolution concerning this added fee to innocent purchasers of these parcels, ._.. 78-776 MATTERS PRESENTED BY BOARD MEMBERS Supervisor digan requested t at Mr. Mickelson contact the State Reclamation Board and have them send copies of their agenda to the Administrative Office so that the Board could know what is going on down in Sacramento in relation to water matters. Supervisor Madigan commented on the mailing cost that is paid for the copies of the Governor's Urban Strategy report. He feels that it is a waste of funds to hove three copies mailed out to the same people. Supervisor Richter stated he had the Administrative Officer check out something in regards to the urban strategy report proposed by the Governor, I< Governor Brown has purchased I60 acres in the foothill area. It is in the same setting that he will not allow others to develop. Chairman Winstomcomrnented on the jail inspection. He asked what happens now, The Administrative Officer said that any infractions that the Sheriff needs to correct, he corrects, There are funds i n his budget to handle these problemso RECESS: The Board recessed at II:45 for an executive-3esgion, RECONVENED: The Board reconvened-at I :00 following a executive ssion, Chairman Winston report d that the matter under discu Sion in olved pay negotiations with t County employ s for t 's ye r, ADJOURNMENT-: There being nothing ther before t r , me ti g was adjourned at 12:02 to reconvene on Tuesda April 25, t 9: .m ATTEST: CLARK A. NELSON, COUNTY, ERK ~_ ,.I~ ~ ,^. BY~ ~ (~~ X~ C' a man of t e oard Asst. C er f t e Board Page 399.