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HomeMy WebLinkAboutM062877~: June 28,1977 STATE OF CALIFORNIA ) S5. COUNTY OF BUTTE ) The Board of Supervisors met at 9:Op a.m. pursuant to adjournment. Present: Supervisors Lemke, Moseley, 41~inston and Chairman Richter. Clif Mickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Clerk of the Bocr d of Supervisors, Absent: Supervisor Madigan Pledge of Allegiance to the Flag of the United States of America. Invocation by Supervisor Lemke. 77-1260 APPROVAL OP MINUTES On motion of Supervisor Winston, seconded by Supervisor Nbseley and carried, the minutes of June 21, 1977 were approved with the change on Page 267, Item 77-1205 fo state "department heads and elected ofFieiafs"rather than "appointed and elected officials ". 77-12b1 COMMUNICATIONS Hi ton Simmons. Mr, Simmons appeals conditions of the Advisory Agency relating to 1` his proposed subdivision m Mt. Ida [toad. SeF for hearing on July 26, 1977 ~ I ~' ~ at 10:30 a.m. Claim for damages, Pacific Telephone Company sends claim in the amount of $104.08 for damage caused to their line in Richvale caused by a County backhoe. Referred to County Counsel. /od- ~.~ Cornelius, et al Real Estate Brokers. Mr. Cornelius requests that the County do comething about weed abatement behind their mobile home park on North Fifth Street in Oroville, Discussed using CETA employees to do thi s type work; ~ ~ 5 ' 00 Clif Mickelson to bring something about dealing with this problem. Palermo Union School District, The District forwards revised conflict of interest _ code statement for Board ratification. Information. ~j5•~S City of Chico. The City requests Board's consent for annexation of a section of the Skyway. See motion following communications. /Do•¢~ Board's Committe~of Public Works and Development Loan Fund. Your committee sends letter requesting that you:~Board charge them as a screening group and / O 2• ZS' that you remove from them the requirements to develop "guidelines ". Discussed; see motion following communisations. Department of Transportation. Sends notice of allocation of $154,451 for "safer off-system roads. " The Department requests a resolution be adopted obligating 4~a• o o the proposed funds. See motion following communications. Loren Bennett and Kevin H. Fischer. Appeal improvements on the proposed mini-storage ¢ar_ a o building, Wldwaod Lane, Paradise. Set for hearing on July 26, 1977 at IIaS a.m, Feather River Hospital Civic Advisory Council. They list transportation as one of the top needs in Paradise. Board members have copy of this communication; 7 /0.O c no action taken . Chico Area recreation and Park District, They write in support of the concept of a / Dp • ~ ~ Page 283. ~ June 28, 1977 n ~, /oo. ~ 5t-~ 1 ~ ~ ~ Butte County Senior Citizens' Advisory Council. To be discussed later in the meeting. Harlen M. Adams. Offers his service to the Board regarding the formation of a 5eniarCitizens' Advisory Council. To be discussed later in the meeting. W. R. Lawrence, Auditor-Controller. Sends memo regarding payment of 1977 water charges to DWR. Supervisor Moseley commented on the memo. Payment of water charges discussed. See motion following communications. 77-1262 APPROVE ANNEXATION OF SECTION OF SKYWAY TO CITY OF CHICO On motion of Supervisor Winston, seconded by Supervisor Lemke and carried, request of City of Chico for annexation of Skyway Annexation District No. 4, in order to facilitate the development of the property immediately south and adjacent thereto (A.P. No. 46-360-81) was approved. 77-1263 CONFIRM THE COMMITTEE ON PUBLIC WORKS AND DEVELOPMENT LOAN FUND AS SCREENING GROUP (ALSO PROPOSAL ON DRAINAGE FROM SHASTA UNION DRAINAGE DISTRICT On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, the Board confirmed and charged the Board's Committee of Public Works and Development Loan Fund as a screening group and removed from them the requirements to dovelop 'guidelines. " 77-1264 ADOPT RESOLUTION 77-102 OBLIGATING PROPOSED DEPARTMENT OF TRANSPORTATION FUNDS On motion of Supervisor Winston, seconded by Supervisor Lemke and carried, Resolution 77-102 obligating the proposed Department of Transportation funds of $154,451 for 'Isafer off-system roads"was adopted and the Chairman authorized to sign. 77-1265 AUDITOR AUTHORIZED TO PAY THE 1977 WATER CHARGES TO bWR On motion of Supervisor se ey, seconded y Supervisor Lemke and carried, the Auditor was instructed to pay the 1977 water charges to Department of Water Resources and to place into the General Fund the money the County receives for the water sold to other areas. 77-1266 PERSONNEL DIRECTOR TO NEGOTIATE INCLUSION OF BUTTE COUNTY EMPLOYEES' ASSOCIATION UNDER COUNTY HEALTH INSURANCE PLAN covered under the County Health Insurance Plan. On motion of Supervisor Winston, seconded by Supervisor Lemke and carried, Personnel Director was autha• ized to negotiate inclusion of the Butte County Employees' Association staff under the County Health Insurance Plan, at no county cost. 77-1267 ADOPT RESOLUTION 77-103 REQUESTING WITHDRAWAL OF RESOLUTION 76-49 WHICH REQUESTED TERMINATION OF SOCIAL SECURITY AGREEMENT BETWEEN THE COUNTY OF BUTTE AND THE STATE OF CALIFORNIA The memorandum of understanding with t e Emp ogees' Association provided far the county to rescind fts notification to the Social Security Administration requesting withdrawal from the system. The county employees' retirement will continue to be coordinated with Social Security and State Retirement. Matter discussed. On motion of Supervisor Winston, seconded by Supervisor Lemke and carried, Resolution 77-103 requesting withdrawal of Resolution 76-49 which requested termination of Page 284. June 28, 1977 ~. ~, _______________,lune.2~t19tI_====______________ the Social Security (Old~ge, Survivors, Disability, and Health Insurance) agreement between the County of Butte and the State of Califomra was adopted and the Chairman was authorized ro sign the Resolution and notice of request ro rescind withdrawal notice. 77-1268 COUNTY EMPLOYEES TO DONATE BLOOD TO COUNTY ACCOUNT AT BLOOD BANK DURING WORKING HOURS The county sponsors a volunteer contri ution blood bank for county employees and their families. Specipl arrangements have been ma3e for blood donations at the Superintendent of Schools' Office July 14, 1977. On motion of Supervisor Winston, seconded by Supervisor Lemke and carried, county employees were authorized to donate blood ro the county account during working hours. 77-1269 APPROVE DESIGNATION SIX COUNTY PSE POSITIONS (CETA) CETA funds permit t e immediate fi rng of six additions PSE ~a s for the county. In addition, twelve positions are available for the City of Chico and five for the City of Oroville. These agencies have designated the positions and plan immediate hiring. Jim Rackerby, Personnel Director, explained the positrons ro be filled. On motion of Supervisor Lemke, seconded by Supervisor Moseley and carried, six county PSE positions were designated and immediate hiring authorized. 77-1270 APPROVE SCHEMATIC DRAWING-PARADISE REMODEL COUNTY BUILDING Gene Farren Arc itect, as per contract, su mlts a sc matic drawing for remodeling of the Paradise County Building. The schematic has been reviewed by departments involved and the Administrative Officer. Drawing discussed. On motion of Supervisor Lemke, seconded by Supervisor Moseley and carried, schematic drawing of the remodeling of the Paradise County Building was approved. Jerry Lively, Administrative Analyst, reported that the next step would be to divide the work between forced county labor and the remainder of the building could go ovt to bid. Architect would have to prepare the plans and specs for the work ro be done . On motion of Supervisor Lemke, seconded by Supervisor Wnsron and carried, contract with McFarren/architect for preparation of plans and specifications for the remodeling of the Paradise County Building was approved, in the amount of X6,900, and the Chairman authorized to sign. 77-1271 CHAIRMAN AUTHORIZED TO SIGN PRELIMINARY NOTICE AND GRANT FOR LOCAL PUBLIC WORKS GRANT he aunty ofButte wi a applying for ~1,119,000Gunder the ED,~/Local Public Works program. On motion of Supervisor Winston, seconded by Supervisor Lemke and carried, the Chairman was authorized ro sign the preliminary notice and grant under the EDq/ Local Public Works program. Page 285, June 2$, 1977 ~ ~~ ______________~Js~ae~$11471=====______________ 77-1272 ADOPT RESOLUTION'77-104 ADOPTING PROPOSED BUDGET FOR FISCAL YEAR 1~97J'-78•--id~lrl~s#SE:1:=-FOR JULY !9 (9T! at 11:30 a.m. - ..r.. ,., ..,_.. On motion of Supervisor ~Wnston, seconded by Supervisor Moseley and carried, Resolution 77-104 adopting proposed budget was adopted and the Chairman was authorized to sign. On motion of Supervisor Lemke, seconded by Supervisor Moseley and carried, July 19, 1977 at 11:30 a.m. was set as time to hear the proposed budget. 77-1273 APPROVE ASSIGNMENT OF FIRE FIGHTING EQUIPMENT TO BERRY CREEK AND TO HONCUT FOR USE BY VOLUNTEER FIRE COMPANIES County ire to as prepared necessary documents to assign an engine to Berry Creek and to Honcut for use by volunteer Fire companies. On motion of Supervisor Winston, seconded by Supervisor Lemke and carried, assignment of engine was approved fo Berry Creek and to Honcut and the Chairman was authorized to sign agreements with the volunteer fire departments. 77-1274 APPROVAL OF PLACEMENT RATES FORJUVENILES INTHE "STEPPING STONES" JUVENILE FACILITY New rates have been developed for this facility. Rates have increased approximately 40%. On motion of Supervisor Lemke, seconded by Supervisor Winston and carried, placement rates for juveniles in the "Stepping Stones"juvenile facility were approved. 77-1275 AUTHORIZE LE9~SE OF NEW ACCOUNTING MACHINES FORAUDITOR'S OFFICE A ease agreement as an prepared trading t e antiquated NCR 299's for 399's at no additional cost to the County. Discussed. On motion of Supervisor Moseley, seconded by Supervisor Lemke and can•ied, IeasE of new accounting machines to trade the antiquated NCR 299's for 399's at no additional cost ro the County was authorized. 77-1276 APPROVE ALTERNATE PLAN FOR LIABILITY INSURANCE COVERAGE Mr. ack Sweeney advices t at expiration of the County's index wit Columbia Casualty is due. Columbia indicates reluctance to renew. Mr. Sweeney makes an altemate proposal. Chairman Riehter and Supervisor Winston have been called by Mr. Sweeney about the plan. Mr. Sweeney recommends that the County go to aself-insured plan. Insurance proposal discussed. On motion of Supervisor wnston, seconded by Supervisor Lemke and carried, altemate plan proposed by Mr. Sweeney approved and Administrative Officer authorized to vuork out details with Mr. Sweeney. 77-1277 BUDGET TRANSFERS APPROVED On motion o Supervisor inston, seconded 5y Supervisor lUbseley and carried, the following budget transfers were approved with the deletion pf B-IBD: B-173 Thermalito Sewer Service Area tJo. Z6. Transfers $3,501.79 thin accounts as approv~~y t e erma7~o Irrigation District Board. 8-174 Plant and ~Equ~ipment Ac uisition. Transfers $11,325 from revenue aring'~ tFie CTi`ico 41ork~ra ~ingenter as per Board's,~nstructions. /31/77) Page 286. ' June 2B, 1977 i~ ~ S'L'R=~ CG~`--J`-'SG=Q G C 2=~=~ ~L- B-175 Thermaiito Sewer - County Service Area iVo. 26. Brings in ~3,651~2 of unanticipat~revenues from~T`D to pay bond interest expense. B-176 Communit Action A encency. Brings in $16,220.83 from unanticipated ~evenues to set u ous~n~e~ia-bi-ltation Grants using the old Shasta County :mergency Relief Funds.These funds are targeted towards earthquake rehabili- tation in our HCD target area.) B-177 Central Communications. Transfers $2,250 from within the budget to. ipment ma nth enance to cover financial closeout of the Regional Communications gram. B-178 Board of Supervisors. Transfers $3,600 from reserve for contin encies o professional services to provide for contract with R. x~{ on Spear to a-"~` Disc turfy on Ghico Airport. i3-179 Oist_rict Attorney. Transfers $1,300 from fury and witness to office xoense, _ _ __ B-181 Public Works. Transfers $70,663 to provide for change orders on rovi'f~e i~uincy ffoa~~er Honcut and Richvale bast Railroad crossing as approved y your Board. _ B-182 Public Health. Transfers $45,750 within various sub departments to ke year en ba anc~ng out of accounts. ($40,000 of this transfer is directly lated to equipment for the proposed Mental Health building to be built in next scat year, Thxs.•would set pp an encumbrance of that amount as requested by the ate i)epartment of Health so that the funds will be retained locally far penditure when needed.) _. ._ ....._. _.._..__. .. -_. B-183 Revenue Sharing. Transfers $9,500 from revenue sharing to plant uisition to provide for architectural fees on the new county center as viously approved by the Board of Supervisors. 77-1278 PUBLIC HEARING; JOE VAN ANTWERP-ABANDO NMI: NT OF PUBLIC UTILITY EASEMENT ON NORTH SIX FEET OF LOT 2 AND NORFN SIX FEET AND WEST SIX FEET OF LOT I, COUNTRY CLUB ESTATES, UNIT NO. I~ ADOPT RESOLUTION 77-105 e pu is caring on f e oe an twerp request for abandonment of public utility easement on the north stx feet of Lot 2 and the north six feet and west 12 feet of Lot I, Country Club Estates, Unit No. I was held as advertised. Clay Castleberry, Director of Public Works, said Public Works concurs with this abandonment. Hearing opened to the public at this time. Appearing: no one. Hearing closed to the public and confined to the 'Board. On motion of Supervisor Lemke, seconded by Supervisor Winston and carried, Resolution 77-105 of abandonment of public utility easement was adopted and the Chairman was authorfzed to sign. 77-1279 PUBLIC HEARING: ;BURTC. LOWEN-NEGATIVE DECLARATION AND REZONE FROM Sit-4 (MAXIMUM DENSITY RESIDENTIAL-RESTRICTED SERVICE) AND A-R (AGRICULTURAL RESIDENTIAL) TO PA-C (PLANNED AREA-CLUSTER) PROPERTY LOCATED~ON SOUTHl:A~T CORNER OF EAST AVE. AND CUSSICK AVE., CHICO ADOPT ORDINANCE '183$ The pu is caring on.the Burt C. Lowen-negative declaration and rezone from R-4 (maximum density residential-restricted service} and A-R (agricultural residential) to PA-C (Planned.areo-cluster) j~roperty7located on the southeast comer of East Ave. ' Page 287, ~ June 28, 1977 ~ ~ ________________ June 28_, 1977=~===_____----_____ Hearing opened to the public on the negative declaration. Appearing: 1. IW. Russ Croninger, from Ringel and Associates, representing Mr. Lowen. Stated he was present to answer any questions the Board might have of him. Mr. Nelson set out the matter of use of energy. Hearing closed M the public and confined to the Boarci. On motion of Supervisor Winston, seconded by Supervisor Lemke and carried, that based on the initial evaluation, it is found that although the proposed protect could have a significant effect on the environment, there will not 6e a significant effect in this case 6eoause the mitigation measures described below hove been added to the protect and a negative declaration Es hereby adopted: MITIGATION MF..ASI7RES 1: Construct drainage facila.ties to meet the require- ments of the Butte County public Works Department. 2. Install sidewalks along County Roads. 3. Meet conditions of the California Water Service Company as outlined in their letter of March '14, 'i977. 4. Install sewage disposal system. as per current stand- ards o£ the California Regional Water Quality Control Board. ' 5. Install fire protection faeilitiea consisting of ~ • six fire hydrants with a minimum flow of 1,000 g.p.m. a't locations approved by the Butte County .Fire Department ' on March '16, '1977. __.._. Hearing on the project he d at t is time. Appearing: po one. Hearins closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor Nbseley and carried, the Burt C. Lowen rezone from R-Ei and A-R to PA-C (planned area- cluster} for property located on the southeast comer of East Ave. and Cussick Ave., identified as AP X42-07-149 $ 150, containing 10 acres, more or less, Chico, was approved, with the finding that it is in conformance with the General Plan, subject to the 23 conditions, as modified by the Board's previous action, Ordinance No. 1835 adopted and the Chairman was authorized to sign. 1. T_".m ].aadscapa plan as submitted •to be part of the approved ps~a~ecL, 2. ie*, approval from~the Water Quality Caatrol Hoard. . 3. QSi street parr minimum at 10 x 20 tt. per space 6e prcvtded: a*. tae rate oP two per dwelling unit. 4. Tue drive approaches to the projeot to be a mt+,i~,„~, oi' 2¢ Pt. ~ trjd~ wit>: no island. ' 5. 111.1 wads oa the interior to have a mini ~*•,m bf 4" ILB and 2" AG an8 __ __ 9~ relativ'e compaction with header hoard. ' Page 288. "" ~' ° • • •--_.. _ . _ _ June 28, 1977 ("* ~'` acoaaoa=ac.v..o~t•~~+~accce==e~ca4caceaac 6. The recreative area to be limited to the pool., aauaa~ sad nvoeeas~y appurtenance, trot including the club house, etc. 7. _astall perimeter fence around the pool. 8. Provide a permanent solution to the drainage by carmecting to SuDAJ', facility to be installed at the north side of Hensharr Ave_ 9. 3ubri: road sad drainage pleas to the Dept. of Public 4TOrks fwr approval and install the required facilities l0. The attest signE shall be provided by the developer at all street intersection per County requirements. {Submit 5 a].texastc street asses for each street to the County address oordinator for spgroval of street names.) 11. Provide 20 ft, radius property line returns at all street iatersectiaas. l2. indicate a 54 tt. building setback line Srom the centerline oP Holly Ave, and 59 tt. building setback from the centerline of Bast Ave, exception thst a 5Q tt. aetbacis Sot Leach line Erna centerline of East Ave. grill ba allowed. 13. Constrict 4/5 street sectiaa as Holly Ave, and Cussick Ave. connection to 35-2 savor road geometric standard. Miaimut~ structural section to • be 2" AC sad 8" A$ aritlt SO 250 prime and fog seal and 95~ relative c:~epaction. Submit design to County Dept. of Public Aorks for approval. _.,. _ • _•~ _ _ "~" value _daterminations and other data may be required to Buppart sec .ion design. Corstnzet East Ave. to d lane halt width with 3'' AC aKd 9" ,;? mi:!: SC 250 prime end fog seal vrith curb, gutter sad side+ea3lc. 14. 'ro-rida mo~.~entetion as required by the Dept. of Public i4orks in. accordance nth accepted standards. 15." Street grades sad other features shall comply with the Butte Coua,ty Ordinances, design reolutiaa and nther accepted engineering standards. 16. ?ro ride home o:v~ers agreement. 17. dil easements of record to be B~iowsi on the final map. 18. meet requirseets of Eutte County, Fire Dept. or other responsible agency. . lq. 5trest 7.ighti:,g shall be provided in accordance with Eutte Cauaty requirements accepted design criteria and rece~endatiarss of P.G. & E. 20. Submit site development plea to Dept. of Public Wor3csr for apgrov~cl end canatruct or install the required fac111ties. • 21. Full i~aprooements oa east side oS Cusick Ave. and south side of Holly Ave. to be installed with Phase II. 22. Frovide 1St. ~o access strip. 23. The isstallatio:: of six (6} Catalina #8 fire hydrants {~y~ ~,~ 1, 000 gpq~) . The elL~ninatioa. of three parld.ag spaces, sad pravide• •. _•.•_ a seconders aayh _por _smer ency ingress sad egrea~s. • • • Page Zt3Y: .._.._.__._...._._. .._.._ ... .. .._. .iune 28, 19T1 ~ ~, 77-1280 APPROVE REQUEST FOR REHABILITATION ASSISTANCE: HOUSING & COMMUNITY DES Two Section 312 oans ave en approved for 9 0- 920 C Street and 2 0 E gin Street. A block grant piggy-beck loan is required for each. Discussed. On motion of Supervisor Lemke and seconded by Supervisor Moseley it was moved to approve rehabilitation assistance in the amounts of $24,102 and $10,000. AYES: Supervisors Lemke and Moseley NOES: Supervisor Winston ABSTAINING: Chairman R•rchter ABSENT: Supervisor Madigan Motion fails. Discussed whether or not the loanees could make the payments on the loans. It was stated that there was a deadline of June 30 to submit the applioations to HUD. Board granted permission to submit the applications this week to HUD in San Francisco. To be placed back on the agenda for Tuesday, July 12, 1977 for action by the Board. 77-1281 APPROVE PURCHR~SE OF STORAGE SHED: HOUSING AND COMMUNITY DEVELOPMEN' A ports a wood frame storages d or use at reha i itation sites in south Orovil e is needed. Request discussed. On motion of Supervisor Lemke, seconded by Supervisor hbseley and earcied, purchase of storage shed noF to exceed $435 from HCD block grant was approved. 77-1282 AUTHOREZED COUNTY ADMINISTRATIVE OFFICER TO CONTRACT FOR DEMOLITION OF STRUCTURES AT 2650 ELGIN STREET A id in t amount of 800 for demolition of structures at 2650 Elgin Street has been received. Action discussed. On motion of Supervisor Winston, seconded by Supervisor Lemke and carried, County Administrative Officer was authorized to contract for demolition, not to exceed $ao0. 77-1283 AUDITOR AUTHORIZED TO PREPARE WARRANT DUE FOR RELOCATION OF ELSIE DRINKEN Larry Brooks, Administrative Analysts, reported that there is a relocation pa yment due to relocate Elsie Orinken. He requested the 8oartl to authorize the Auditor to prepare the warrant in payment of this relocation in the amount of $492.00, On motion of Supervisor Lemke, seconded by Supervisor wnston and carried, the Auditor was authorized to prepare a warrant in the amount of $492.00 in payment For the relocation of '~lsie Drinken, with funds to come from the HCD Block grant funds. 77-1284 APPROVED REVISED SALARY SCHI<DULE-HEAD START PROGRAM This revised as ary sc edu a for Head Start positions is eing presented to conform to a grant submission to W.E.W., which was approved by the Community Action Agency on March 29, 1977. Page 290. June 28, 1977 ('`~ ~ On motion of Supervisor 1iYnston, seconded by Supervisor Lemke and carried, revised schedule for adoption approved on June 25, 1977. 77-1289 ADOPT RESOLUTION 77-106 AUTHORIZING EOC 5XfCUTIVE DIRECTOR TO SUBMIT GRANT TO TWE STATE DEPARTMENT ON AGING This grant program would provide direct services in t e area of Homemaker Aides and Volunteer Service Bureau to senior service projects. The program would also conduct pooling and coordinating functions and conduct senior citizen needs assessment. This function is the preliminary step toward development, and recognition by the state, of Butte County as a fatal point for senior funds. The grant request is in the amount of 568,646 and will begin October 1, 1977, and run through September 30, 1978. The grant program has been reviewed and approved by the pro tern Senior Citizen Advisory Group. Razia Kahn, E.O.C. Director, explained the grant. Total grant is $I.4I,000. $78,000 has already been spent in this matter. Jim Mikkeison, Chico, explained how the office in Chico handled situations for the senior citizens. The workers there took the senior citizens to the Social Security Office and other agencies to help them when they needed help. Part of the proposed funds could be used for transportation. It will be up to tha elderly to decide the priorities for use of these funds. Priority for the funds has been- placed on the home maker aides. On motion of Supervisor 1Mnston, seconded by Supervisor Lemke and carried, Resolution 77-106 authorizing EOG Executive Director to submit grant to the State Department on Aging was adopted and the Chairman authorized to sign. RECESS: 10:00 a.m. RECONVENED: 10:07 a.rn. 77-1286 DELETE BUDGET TRANSFER B-175 THERMALITO SEWER-COUNTY SERVICE AREA NO. 26 FROM BOARD MINUTE ORDER 77-1277 Supervisor se ey stated t at s did not know the Board was approving all of the budget transfers when the motion was made in minute order 77-1277. She hod questions concerning 8-175, Thermalito Sewer-County Service Area No. 26. Ciif Mickelson, Administrative Officer, explained the transfer. The transfer allows for payment of interest on the sewer bonds. Supervisor Nbseley stated she would not go for this transfer. Budget transfer B-I78, Board of Supervisors, discussed. This is for the payment of the R. Dixon Speag contract for noise study at Chico Airport. On motion of Supervisor Lemke, seconded by Supervisor Moseley and carried, Budget Transfer B-175 was pulled out of the motion in Minute Order 77-1277. On motion of Supervisor Winston, seconded by Supervisor Lemke and carried, •Budget,Transfer B=175.p!as appro~red -is~indisated onOrimsfer list. AYES: Supervisors Lemke,. Winston and Chairman 41Echter NOES: Superiisor Moseley. Page 291. June 28, 1477 ~~ ~. - - mo=====o. C ~=C~I~lC ii7~~~~¢ c ~=cam= C~_. ~ ~. c W ¢ c cc~= 77-1286 HEARING; AREA AGENCY ON AGING Rozia Kahn, E.O. .Director, spa a to the Board concerning organizational concepts and grant application procedures for the Area Agency on Aging. Since a grant application will to be forwarded to the State Department on Aging before July 1, several policy decisions will be requested. Ms. Kahn stated that some time ago the Board applied to the State Board of Aging; the designation has not been given to the Board of Supervisors. A group of people have been put together and they have come up with a Council on Aging. Harlan Adams, Chico, temporary Chairman for the Council, spoke at this time. Explained senior citizens needs. The County should make use of the funds. He suggested that the Board authorize a Butte County Council of Senior Citizens to serve as an advisory council. The senior citizens are gathering together in small groups that are meeting monthly. At a meeting last month a committee was appointed to draw up by-laws and out-line for the grant. Activity of this council set out. Mr, Adams recommended that the Board approve the immediate program to make use of the funds and to approve the organization of a senior citizen council. Appointment to the council discussed. Chairman Richter suggested that the Board each appoint a member from their district to represent the aging. Selection of members to the council explained. Council membership discussed. Mr. Jerry Hughes, General Manager of Chico Recreation and Park District, set out the District's endorsement of the formation of this council. He feels that the money should be for the low income aged. Mr. Hughes Felt the Board should be more concerned about the establishment of the committee than the availability of the funds. The committee appointed should be a committee to assess the needs of the senior citizens that is growing in this County. The committee should have the status of advising this Board. Mr. Neil Harris, Director of Senior Information for i~tired Citizens set out his views concerning this council. He questioned whether the E.O.C. Director should be the coordinating link with the Board. A lot of the senior citizens do not want to be designated as low income citizens. The Board informed him that Ms. Kahn could be called the Coordinator of the Senior C[tizens Committee on Aging. Mrs. Dorothy Paradis:,. Oroville, stated she was not a senior citizen but that her husband was a senior citizen. She Felt that the people of the wunty elected the Supervisors and the Supervisors should have the obligation of designating the person from his districF to sit on this council. Mr. Hal Bishop, Chico, President of Sons in Retirement, was chairman of the committee that drew up the by-laws. He explained how the by-laws had been set up. Ms. Cindy Flint, adult center supervisor in Paradise. She stated that there pre quite a few active adult groups throughout the County. She feels that the senior citizens that are active should be represented on the council. Hearing closed to the public and confined to the Board. Page 292. June 28, 14T! r"~ Supervisor Vlrnston urged the board to look with approval on this effort; it is a move in the right direction. It was felt that the Board should approve the formation of the council. A county employee should be designated as a laison between the people and this Board. It was suggested thot Razia Kahn be designated to act as such (aison. Action to be taken set out. Chairman Richter stated he would ~[ke ro read the by-laws prior ro taking action. He requested that action be postponed two weeks. 77-1267 PUBLIC ItEARINGi CSESTER SMI?H APP~AI, OF CONDITION REIATING 'IO A DEPOSIT TO COVER ROAR ~ROV6i~ffit'PSs 1tIR13 PROTECTION AND STORM DitAINAGE ON A CERTIFICATE OF OOMPLIANCE GRANTED FOR PROPERTY LOCATED ON THE SOUTiiEAST CORNER OF MERIDAN AND MUNJAR ROADS, NORTH OF CHIGO, AP 47-22-50 AND DISCUSSION: MERIDIAN-MUNJAR ROAD AREA DEVELOPMENT F$E ESTT34ATE. The continued public hearing of Chester Smith appeal of condition relating to a deposit to cover road improvements, fire protection sad storm drainage on a certificate of compliance granted for property located on the southeast corner of Meriden and Munjar Roads, north of Chico, AP 47-22-50 was held as continued. Clay Castleberry, Public Works Director, stated thaC hie office had come up with a figure estimate that would put in the improvements. This would be for drainage and road improvements on Munjar Road. The cost for Munjar Road would be approximately $10 per running foot. This would be divided on the two sides making it a figure of $5 per running foot for frontage on Munjar Road. The cost for drainage would be $110 per acre. There is a need for proper drainage and the road improvements. There are 143 parcels in this area. Hearing open to the public. Appearing: Jefferson Brows, Attorney representing Mr. sad Mra. Smith. Mr. Brown stated that the Smiths own 10 acres with 300-foot frontage on Munjar Road. The resulting coat would be about $2,700. The coat for paving Munjar Road puts the burden on the people who own frontage on Munjar Road and not the people having prdvstpe:•easements to Munjar. The people who are having to pay the casts are the victims of the illegal lot splitting. Mr. Brown stated that he would like to see the Board take action and that the coat be reduced and shifted equally to the land owners. Supervisor Winston stated that all parts of the County should ba treated e;quAljy. The Board was not asked to form an assessment district for the Oroville area. The people involved in the illegal lot splitting should be asked to make amends. Supervisor Winston stated that he had several questions that he would send directly to the District Attorney for aaswera. Chairman Richter stated that the Consumer Protection Agency has s very good record. There have been more revenue and more civil penalties ~alleeted. There are areas where•CheDistrict Attorney's office can ace and there are places they cannot. This is being done to protect the public and the honest subdividers as well. Supervisor Howley stated that she had seen the word plea bargaining gaits a lot. '. Page 293, June 28, 1977 ~; ~"~ =_=_=-=--==cssss=~~~C~?~s¢amasc=ae~a.o=° Supervisor Lemke atatad that [he harts has been done-to the innocent purchaser of the illegal subdivision. Supervisor Lemke stated that the Board owes the purchaser any assitance that can be gives and the law should be applied equally throughout the county. Jim Lawson, Planning Director, stated that the only course open for the Meriden-Munjar area is an asseaement district. This has been handled on a permit by permit basis. This does not solve the over-all problem. On motien of Supervisor Lemke, seconded by Supervisor Richter the appeal of conditions le denied relative to the Certificate of Compliance and requiring deposit for those fiervices without stipulation a figure to be equitablq distributed on the parcels in the area. Discussion of motion had at Chis time. Dan Blackstock, County Counsel, stated that the action on the notice of violation needs a set amount for the deposit by the Board. The amount of Che deposit or the method of computation is to be established by the Board. Supervisor Lemke amended hie motion to set the fee at $5 per running £oot for each side of the road and $lI0 per acre; and at any time the Consumer Protection Agency suES.gnd, at any time this money is recovered by the Court the individuals are to be reimbursed. Ro11 call on motion: AYES: Superviaora Lemke and.Qhairman Richter NO£6: Supervisor Heasley and iiinaton ABSENT: Supervisor Madigan ............ . MOTION F'AYLS This matter is continued to July 12, 1977 at 10:00 e.m. 77-1288 DISCUSSION: BUTTE COUNTY ASSOCIATION OF GOVERP4tENTS ANIMAL CONTROL RECOME+tENDATIONS The discussion on the Butte County Association of Governments animal control recommendation was held at this time. Discussion open tv the public. Appearing: No one. Discussion closed to the publics and confined to the Board. BCAG has made a recommendation to raise the fee to $5 for each dog. Supervisor Lemke stated that if the licenses were raised to $5 then it should cover a great deal of the coats. Chairman Richter stated that if all of the dogs were licensed in Butte County it would not cover the animal control budget. Every other County ie this high•or higher. The program is Eo protect the people from the animals and the people should fund this. Dog control ie a real problem and the added fees would pnsaibly beef up to properly service the people. On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, the BCAG•recommendation were accepted. AYES: Supervisors Hoaeleq, Ninaton and Chaismaa Richter. BOSS: 6upervisor Lemke. ABSENT: Supervisor Madigan. . _._..... -. Page 29~. ........_ - - -- June 28, 1977 F'` - ~ -,. .-~.~==__________= June 28_ 1977 _________________ 77-_J,28g APPEARANCE: EVERU !~C CAIIi'. , . - Bverd McCoia•stated that there is a drainage problem is the Chico area. There are two large areas in Chico that have a drainage need. They are Bast Avenue and northwest Chico. Mr. McCain stated that he was asking the Board to Look into the drainage. It is not so much for construction as to establish equitable deposits and boundaries of the City and County. Mr. McCain requested that a petition be prepared and that the deposit be paid at the same time. Mr. McCain would like authorization to prepare and circulate petitions in these two areas. On motion of Supervisor Winston, seconded by Supervisor Lemke and carried, Everd McCain was given authorization to prepare and circulate petitions for the East Avenue Assessment District No. 3 and northwest Chico Assessment District. 77-12Y.'~JQPRESENTATION OF THE 1977-78 ASSESSMENT ROLL BY A5SESSOR AZ Anderson, Assessor, .made the presentation of the 1977-78 asses~mentrooltbe There=~a-~h pei~eatage increase of 14.727. The gross is $515,159,523. There ere a number o£ non-reimbursable exemption. the total is $9,195,535. There ie another hospital exemption in the amount of $1,000,000. This year there were 65,697 locally assessed parcels with an increase of 999 from a year ago. In 1976, there were 22,688 appraisals made ~ in 1977-78 there were 24,685 appraisals. The Assessor's office is working on camputtr appraisal. This will. be for residential property. All properties do sot fit the computer. 77-1291 APPROVE VARIAIICE RENEGIAL: MILDRED REKROAT On motion of Supervisor Winston, seconded by Supervisor Lemke and carried, variance to Section 19-10 and/or 19-12 of the Butte County Coda for placement of a mobile home•at AP 5b-9-48, Cohasset was renewed for one year for Mildred Rexroat. 77-129 APPROVE SENDING A PHN TO THE UC DAMS TRAINING PROGRAM PLUS TUTION CosTS On motion of Supervisor Moseley, seconded by Supervisor Lemke and carried, the sending of a pediatric nurse associate to the UC Davie training grogram plus tution costs was approved. 77293 DEl+IY PETITION FOR PENALTY RELIEF - REED FRANCES On motion of Supervisor Winston, seconded by Supervisor Lemke petition of Mr. Reed Frances for penalty relief on delinquent payment was denied. 77-129 APPROVE PUBLIC WORKS ITEMS; On motion of Supervisor Lemke, seconded by Supervisor Winston _, and carried, the following Public Works items were approved: _ _ 1. Adopt recommendation for Subdivision performance euarsntq for subdivision and parcel maps•as follows: authorization of partial release of security subject to posting of 1007 for performance; form of guaranty to be approved by Counsel; sad preparation and certification of partial release by'developer?s engineer for endorsement by Public Works Director sad subsequent forwarding to guarantor or escroy eaa3pany. 2. Adopt Resolution ?7-107 revising bond amounts and authorized Chairman to sign. .__.. - • -- ~ • -- -- •Pcpa 295. June 28, 1477 r"~ ______________lsrnts._2~.w1~77==________---=____ 3. Auditor desSgnated to prepare the annual road report in accordance with Section 2151, Stzeeta & Highways Code. 4. Accepted the work of Butte Creek Rock Company for the Durham Highway and Dayton-Durham Highway, Project No. 44251-76-1; authorized the Chairman to sign said Notice of Completion and instructed the Clerk to record Notice of Completion with the Recorder. 5. Adopt Resolution 77-108 requeati~ fund allocation from CALTRANS re: Baggett-Marysville grade separation project and authorized the Chairman to sign. 77-1295 DISCUSSION: PROPOSAL FOR HEARING OFFICER TO HANDLE SUBDIVISION, ADVISORY AGENCY AND SUBDIVISION VIOLATION COtdvffTTEES Clay Castleberry, Public Works Director, stated that it would be advantageous to have three membere'on the committee. There wasr a meeting with five engineers and three developers this week and they expressed their desire to see the throe-member committee continued, Jim Lawson, Planning Director, stated that hie of€ice prepares a report and would be willing to add any additional information that might be needed. Thin would leave his staff free to work on project within the of#ice. This report has to be made available five days in advance. Howard Toussaint, Sanitarian, stated that he concurred with Mr. Castleberry. Everd McCain stated that he hoped the Board continued with the three-member committee. Dorothy Paradise stated that she would like to see the three- member committee continued. No action taken. 77-1296 CTTY OF OROAILLE ALLOWED TO ACT AS LEAD AGENT IN ANNESATION OF APs 35-13-50 AND 53. _... On motion of Supervisor Winston, seconded by Supervisor Lemke and carried, the City of Oroville was authorized to act as Lead Agent in annexation of AP 35-13-50 and AP 35-13-53 into the City. 77-1297 ADDITIONAL PUBLIC WORKS MATTER Clay Castleberry, Public Works Director, is to work with Supervisor Winston on the Flood Control maps. 77-1298 PUBLIC HEARING DATE SET A public hearing date of July 26, 1977 at 10:45 a.m. was set for the extension of interim SR-1 (suburban-residential) property located on the west side of the Esplanade, from Mud Creek to within 600 feet of Renshaw Avenue, Chico. 77-1299 ADOPT BOARD OF ZONING ADJUSTMENT'S CONFLICT OF INTEREST CODE On motion of Supervisor Winston, seconded by Supervisor•?ioaeley and carried, the Board of Zoning Ad#uatiaent~s Conflict of Interest Code was adopted. Page 296. June 28, 1977 ~ !'~ _____________~"=~~a~~9n ~_____=_=_=W=====__~ 771300 ADOPT ORDINANCE 18361 DELSTIHG Ap 44-35-30 FROM ORDINANCE 1812, INTERIM SR-1 (SUBURBAN RESIbENTIAL-1 ACRE LOTS) Chairman Richter stated that Mr. Gene Caursey had a mini- rental business and was trying to complete it when the property was interim zoned SR-1 for the Chico Municipal Airport study. The zoning does not allow business in this area. Dan Blackstock, County Counsel, stated that the Board had made an error when it adopted the interim ordinance. the interim zoning was to prohibit the residential development around the airport. On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, Ordinance 1836 deleting AP 44-35-30 from Ordinance 1812; - •-• .. interim SR-1, Chico was adopted and CE~e Chairman authorized to sign. j 77-1301 .DISCUSSION: • REQU~BS,~ TO JrPP80VE iiORK PROGRAM AND BUDGET POR REIPISION OE GENERAL PLAN HOUSING ELEMENT Discussion of the request to approve work program and budget for revision of the General Plan flousiag Element was held at this time. Jim Lawson, Planning Director, stated that the Housing Element is four years old and the new HCD guidelines need to be implemented., A time is to be set for Ward Connerly to be present to discuss this matter. 77-1302 DISCUSSION: CR8t4iILL DRAFT RESPONSE TO OFFICE OF PLANNING AND RESEARCH REGARDING GENERAL PLAN ~•~'S Daa Blackstock, County Counsel, stated the CH2M Hill had forwarded a draft response to comments made by the 0£fice of Planning and Research regarding the General;rPlan elements. Mr. Blackstock stated that the cover letter should be reworded to cover the Board's feelings on the matter. Earl Nelson, Environmental Review Director, stated that possibly the draft response should be reviewed to make suze that the response is what the Board wants to say. Supervisor Lemke and Chairman Richter to meet sad review the draft response and report back to the Board. 77-1303 RESCIND ACTION: ERROI.L H. HALL, TENTATIVE PARCEL MAP, FOUR LOTS, NORTH SIDE OF HIGHWAY 32. BETWEEN MUIR AND KENNEDY AVENUES, CHICO On motion of Supervisor Winatoa, seconded by Supervisor Lemke and carried, tha~:Board rescinded its action of June 21, 1977 in the Erroll H. Ha11 reconsideration of a tentative parcel map, four lots, AP 42-09-Ob, north side of Highway 32, between Muir and Kennedy Avenue, Chico and continued the hearing for six months. 77-1304 APPOII~TN~T TO SURFACE MINING AGGREGATE OPERATIONS CQMMITTEE Oa mogioa of Supervlsor Moseley, aecanded by Supervisor Lemke and carried, James Hassan was appointed a member of the Surface Mining Aggregate Operations Committee. AYES: Supervisors Lemke, Moseley and Chairman Richter. NOES: Supervisor Winston. ASSENT: Supervisor Madigan. 77-1305 APPOINTMENT TO AGRICULTURAL ADVISORY' COMMITTEE PUT OVER. The appointments to the llgricultural Advisory Committee was put over. Page 297, June 28, 1977 (^ r""'+ 77-1305 APpOINTMEL~TCS TO CITIZSNB ADVI60RY COMMITTEE ON DRUG ABUSE/ALCOHOL ADVT30RY BOARD On motion of Supervisor Winston, seconded by Supervisor Moseley sad carried, the following were appointed to the Citizens Advisory Committee on brag Abuse/Alcohol Advisory Board: Janet SEnea7cel Dave Fran)r~e Bob Benoit 77-1007 APPOINTtffiNTS TO CHICO - BUTTE COUNTY CHAPMANTOWN HCB ADVISORY COI~+Il~ffTTEE YUT OVER The appointments to the Chico - Butte County Chapmantown HCD Advisory Committee was put over. 77-1308 APPOINTMENT TO SUPERIOR CALIFORNIA Sk'1TtOR SERVICES NUTRITION PROJECT On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, George McLBn£~,. was appointed to the Superior California 5eniar Services Nutrition Project. 77_1309 COUNTY COUNSEi. AUTHORIZED TO FILE ACTION TO MAPIl7ATE SUPERIOR CALIFORNIA SENIOR SERVICES NUTRITION CORPORATION TO DEFEND THEM5ELVE5. Dan Blacketock, County Counsel, stated that the Board had given County Counsel authorization to represent the prior representatives of the Superior California Senior 5ervices'Nutrition Project. Mr. Blackatock stated that he would like to have authorization to file notion to mandate Superior California 5enig'p Services to defend the corporation. The Board of Directors want the individual directors to defend themselves. On motion of Supervisor Winston, seconded by Supervisor Lemke and carried, County Counsel. was authorized to file action to mandate Superior California Senior Services to defend themselves. , 77-#310 ADOPT POLICY: APPEALS FROM DECISIONS OF VARIOUS BOARDS AND COMMISSIONS Discussion of policy position regarding appeals from decisions o~ various Hoards sad Commissions had at this time. Supervisor Lemke s ated that he was concerned that the .applicants would not have the same appeal rights. The applicant can still appeal to the Board of ,_.,__,_,_.,_._._,_ Supervisors. There wil'1 be ao Change 3n the •appeal process. On motion of 6upervisor iHnatoa, Seconded by Supervisor Lemke sad carried, a policy for appeals:~rom decisions of various Eoards nod Coumiissiaas was adopted as follows: 1. The Board will not hear any new information not already presented to o~ of the Boards or Commissions; 2. If new information is available, the subject will be referred back to the appropriate Hoard or Commission; 3. The Hoard's selection and appointment of Boards and Commission members is done after considerable thought and review, and the Board has faith in the desieion making abilities of the citizens appointed by the Board to serve. 4. It is the Hoard's policy to override decisions of the Boards or Commissions only for very serious reason, generally involving extenuating circumstances, knowledge of which~is beyond the scope of that Hoard or Commission. 5. i~hanever q board ar Commission makes a decision based upon a split vote, a record be provided to the Board listing each ..._ ......_. member's rooteW_~...,~ . .. Palle 298. ._._ ...._.. _. .tune 2$, 1971 '~ ~ '- ---------===~u1~8.~~9IZ=.==...T___=_=_=---- AYES; Supervisors Lemke, itiaston end Chairman Richter. NOES: Supervisor Hoselep ABSENT: Supervisor Madigan 77-1311 Appgp~ COST OF INSTALLATION FOR PHONE SERVICE IN THE AMOUNT OF 504 FOR THE UPPER RIDGE FIRE STATION On motion of Supervisor Lemke, seconded by Supervisor Winston and carried, the cast of installation for phone service in the amount of $504 for the upper Ridge Fire Station was approved. 77-1312 ADDITIONAL HfATTER_PRESENTED There will be no Board meeting on Tuesday, July 5, 1977. 77_1313 ADOPT RESOLUTION 77-109: REPLENISHING THE CASH DEFFERENCE FUND FOR OROVILLE JUSTICE COURT On motion of Supervisor Winston, seconded by Supervisor Lemke and carried, Resolution 77-109 replenishing the cash difference fund for the Oroville Justice Court was adopted and the Chairman authorized to sign. ADJOURNMER7T There being nothing further before the Board at this time, the Board adjourned at 12;45 p,m, to reconvene oa Tuesday, July 12, 1977 at 9:00 a.m. ATTEST: CLAAK A. NELSON, COUNTY CLERK ~, _ e /~GP By: ~~ ~ ~ I'W~0 ~.. Chai~rmaa, Board of Supervisors Board of Supervisors Clerk r••---~ _. Page 299. June 2B, 1977