HomeMy WebLinkAboutM0729803uly 29, 1980
OF CALIFORNIA )
SS.
OE BUTTE )
$0- The Board of Supervisors met at 9:00 a.m. pursuant to recess.
,y ', Present: Supervisors Moseley, Wheeler, Winston and Chairman Lemke. Absent:
', Supervisor Dolan. Clif Mickelson, administrative officer; ban Blackstock,
county counsel; and Clark A. Nelson, county clerk-recorder, by Nancy Wilson,
deputy clerk.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
1215 PPROVAL OF MINUTES
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, the minutes of July 22, 1980 were approved as mailed with
', the following amendment:
Minute order 80-1181, Resolution 80-148A was adopted designating
'ss Diane Dahlmeier as the Maid of Butte County and the"county's official
representative in the Maid of California Queen Pageant.
1216 RIVE SECOND_ READING OF ORDINANCE: ADOPT ORDINANCE 2127 SALARY ORDINANCE
On motion of,Supervisor Winston, seconded by Supervisor Moseley
d carried, "_ _.•~~ the second reading of salary ordiance amendment transferring
typist clerk position from the Building Inspection Department to Environ-
ntal Health in the Paradise of-f ice was waived; Ordinance 2127 was adopted
d the Chairman authorized to sign.
12171AUTHORIZE DISPOSAL OF SURPLUS PROPERTY -_B_UILDING AND GROUNDS MAINTENANCE
On motion of Supervisor Moseley, seconded by Supervisor Winston
nd carried, disposal of surplus property, floor machine, from the Building
and Grounds Maintenance Department (asset ~~07952) was approved.
UPERVISOR DOLAN PRESENT AT THIS TIME
1218 ET PUBLIC HEARING DATE FOR SPECIAL DISTRICT AUGMENTATION B'UND - AB8
On motion of Supervisor Winston, seconded by Supervisor Dolan and
nanimously carried, the special district augmentation fund, AB 8, was
pproved as follows:
1. Acknowledge notification from the Auditor;
2. Set a public hearing date of August 5,-1980 at 10:30 a.m.;
3. Authorize notification of each legislative body of the special
istricts not governed by the Board; and
4. Authorize publication of said notice not less than three days
rior to the hear.
'..1219 DOPT RESOLUTION 80-156, AMENDING RESOLUTION 80-129 FOR THE VICTIM/WITNESS
ROGRAM OCJP GRANT
There was a motion by Supervi$or Moseley, seconded by Supervisor
eeler, Resolution 80-156 amending Resolution 80-129 for the Butte County
ictim/Witness Program as required by the state be- adopted and the Chairman
uthorized to sign.
Supervisor Winston stated he did not like grants if it involved
ocal money.
Chairman Lemke stated this was a program where it puts the burden
n the person who committed: the crim@.
Page 85.
July 29, 1980
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July 29, 1980
Vote on motion:
.AYES: .Supervisors Dolan, Moseley, Wheeler and Chairman Lemke
NOES: None
ABSTAINING: Supervisor Winston
Motion carried,
12201
12211
APPROVE LIABILITY CLAIM ADJUSTMENT SERVICES - BROWN BROTHERS ADJUSTERS
On motion of Supervisor Dolan, seconded by Supervisor Moseley
and unanimously carried, the agreement with Brown.Brothers Adjusters for
claims adjusting services in an amount not to exceed $6,000 and covers
the period July 1, 1980 through June 30, 1981 and is self renewing unless
cancelled with 30 days written notice was approved and the Chairman authorized
to sign.
APPROVE PENALTY ABATEMENT RE U~ESTS
On motion of Supervisor Dolan, seconded by Supervisor Winston and
unanimously carried, the following requests for penalty abatement were
approved:
1. Richard E. & Celeste A. Brose, AP 054-13-1-095-0 and. 052-27-4-006-C
2. Leigh H. Daniel, AP 066-18-0-020-0
3. Donald G. & Armida S. Crone, Ap 051-13-1-017-0
4. Roxy Louise Zuberbier, AP 050-30-0-034-0
5. W. Douglas & Erin D. Ba11, AP 045-33-0-035-0 and 048-24-0-036-0
6. Robert E. & Patricia E. Biggon, AP 001-04-1-016-0
7. Betty J. Hegele, AP 044-68-0-050-0
8. Verne E. Andreasen, AP 042-OS-0-075-0
9. Norsat Investment, Inc., AP 046-51-0-013-0
10. Herschel & Carol Jean Bernard, AP 012-07-3-008-0
11. Deborah S. Pierce, AP 003-05-2-008-0
12. Thomas W. Self, AP 034-88-0-021-0
13. Homer C. & Elizabeth J. Be1dt, AP 055-29-0-040-0
1/+. Marc & Harriett Belina Grosso, AP 065-41-0-004-0
15. Jane Sidenfaden Lohse, AP 054-04-3-014-0
16. Gary R. & Nancy A. Coria, AP 047-08-0-009-0
17. Louie A. Backus, Jr., Lee Backus, Louis A. Backus III and
Marianne Backus, AP 053-06-0-008-0
18. Mace W. Bannon, AP 071-26-0-013 and 071-26-0-018-0
I9. Larry & Linda Bannon, AP 071-26-0-015-0
20. James D. Bruce, AP 064-58-0-010-0
Page 86.
July 29, 1980
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July 29, 1980
210 James D. Bruce ,. AP 47-47-0 and 047-47-0-006-0
22. James E. & Tracy K. Duncan, AP 058-21-0-122-0
230 .Lawrence Amel Lind, AP 058-21-0-124-0
24. Harriet Edelson,, AP 028-12-0-016
250 Do B. S. Properties, AP 044-36-0-052-0, 044-36-0-053-0, 044-36-0-
~54-0, 044-36-0-055-0, 044-36-0-056-0, 044-36-0-061-0, 044-36-0-062-0, 044-36-0-
D63-0,.044-36-0-064-0, 044-36-0-067-0 and 044-36-0-068-0
260 Harold T. Funk, AP 051-14-4-034-0
27. James W. Wakefield, AP 047-27-0-017-0
28. Barbara Io Redway, AP 053-16-2-054-0
29. Michael A. Tixier, AP 053-I6-I-034-0
30. Robert H. King, AP 025-11-0-048-0
1222IAPPROVE BUDGET TRANSFERS
I On motion of Supervisor Dolan, seconded by Supervisor Winston and
junanimously carried, the following budget transfers-were approved:
B-252 - Allocated Costs Received. Transfers $292,946.68 between
various accounts with the balance coming from various reserves as follows:
General Fund, $47,099.78; road construction, $1,962.94; and revenue sharing
miscellaneous expense, $54,700.09. This is the year end closing for .Account
X71 - allocated costs received,
B-253 - Communicationso Transfers $40,593.11 between various depart-
mental communications accounts with the following changes to the reserves:
increases the General Fund, $21,007.53; Fish and Game, $40.25; and road
construction, $1,206012; and decreases revenue sharing miscellaneous'project's
$316.68. This is the year end closing for Fiscal Year 1979-80 for the
communications account.
B-254 - General Insurance. Transfers $60,972.25 between various
departmental general insurance accounts with the reserves affected as follows:
increases the General Fund, $1,692,12; road construction, $1,936.72; and
3ecreases revenue sharing miscellaneous expense, $5,472.14, This is the year
end closing for 1979-80 for the General lnsurance account.
1 B-255 - U'tilitieso Transfers $127,091095 between various depart-
mental utilities accounts with the following changes to reserves: increases
the general reserve, $87,766.66; revenue sharing, $13,927.93; and road
construction, $3,635.370 This is the year end closing transfer for 1979-80
for the utilities account.
B-256 - Data Processing Clearing. Transfers $248,871.57 between
various departmental data processing accounts with the following adjustments
for reserves: increases the General Fund reserve, $191,851.74; revenue sharing,
$14,726.86; and decreases the road construction reserve, $385.77. This is
the 1979-80 year end closing for the Data Processing Clearing Account.
B-257 - Various - Correctingo- This is a $514036 transfer of which
$494.08 is from the General Fund reserve and reflects corrections to earlier
budget transfers 252 through 256.
Page 87.
July 29, 1980
Jul 29, 1980
80-
B-258 - Central Services. Transfers $472,267.67 between various
Central Services activities budget accounts, with $6,792.66 coming from the
general reserve. The purpose of this transfer is to close aut the books for
Central Services for the 1979-80 fiscal year.
5-259 - ClearinQ_Accounts. Transfers $183,010.12 between various
clearing accounts in order to provide for the closing of the books for the
1979-80 fiscal yearn
B-263 - Welfare Aidse The transfer establishes additional appropri-:
ations for various Welfare Aid programs brought about because of caseload
increases in the total amount of $937,847.78. Anticipated state and federal
revenues amount to $890,223 and the remainder from the General Fund,
$47,624.78.
B-264 - Welfare General Relief. Transfers $4,876.07 from profess-
ional,and specialized services, together with $689 from .the reserve, with
a total of $5,565.07 going to the temporary,; disabled general relief program
and is an additional appropriation brought about by an increase in eligible
cases.
8-265 - Communit Action Pro ram. Within the 1978 Housing Weather-
ization Program, transfers $1,891.81 from prior year consumable supplies to
consumable supplies. Within the 1979 Housing Weatherization Program, transfers
$228 from consumable supplies to prior year consumable supplieso Within the
Community Services Program, transfers $21.14 from consumable supplies to prior
year consumable supplies and transfers $6.36 from other costs to prior year
other costs. Within the 1980 Rural Senior Service Project, transfers $255.99
from consumable supplies to travel. Within the 1980 Housing Weatherization
Round IiI Program,'transfers $2,898 from lease purchase of equipment with
$2,884 going to consumable supplies and $14 to other casts. Within the 1980
Community Services Program, transfers $154 from consumable supplies to rents
and lease purchase of equipment. Within the Crisis Intervention Program,
transfers $268 from other costs to consumable supplies. Within the Head Start
CO-ORD Component transfers $1,500 from other travel to other utilities. The
purpose of this transfer is to transfer appropriations within various Community
Action programs to cover end of the fiscal year deficits and is within the
grantor agency guidelines.
Additionally, this transfer establishes an appropriation for the
Housing and Community Development grant to recognize program income in the
amount of $247.06 to increase the category for HCD general management and
coordination in a like amount.
B-266 - General Fund Year End Closing Transfer. Transfers $192,690.&3
between various departmental budgets including a transfer of $2,226.43 from
the reserve.
B-267 - Unallocated Costs. Transfers $137.535.09 between various
unallocated A-87 operating accounts. This is the year end closing transfer
for space and equipment allowance within the General Fund.
B-268 - Compensation Insurance - IGS Fund. Transfers $49,091.07 in
surplus compensation insurance IGS Fund balances to various deficiencies
within the department.
B-269 -.Self-In_s_urance - ZGS Fund. Trnasfers $19,306.07 between
various line items within the Self-Insurance budget. This is the year^end
closing transfer for the Self-Insurance IGS fund for 1979-80.
B-270 - Revenue Sharing. Transfers $37,736.04 with $12,301.39
coming from unallocated approprl:.&tion - miscellaneous expense to cover budgetary
Page 88.
July 29, 1980
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July 29, 1980
deficiencies within the various revenue sharing funded projects. This is the
year end closing transfer far-1979-80.
8-271 - Building and Subdivision Inspection. Transfers $49,490.14
between various building and subdivision activity accounts and provides for
the closing of the accounts for fiscal year 1979-80.
B-272 - Fire Protection. Transfers $4,490.32 between various fire
protection accounts and provides for the close of the budget for the 1979-80
fiscal year.
8-273 - Direct Service Transfer Accounts. Transfers $19,612,23
between various direct service transfer accounts in order to provide for the
closing of the books for the 1979-80 fiscal year.
B-274 - Welfare Administration. Transfers $57,408.70 between
various welfare administration operating accounts to provide for the closing
of the books for the 1979-80 fiscal year.
B-275 -,Allocated Costs Transferred. Transfer$ $77,b52.02 between
various general fund operating departments reflecting allocated costs trans-
ferred in order to close the books for the 1979-80 fiscal year.
B~ - Public Works Trans ortation Plannin and S stems. Transfers
$4,765.84 between various budgetary line items within the Public Works
Transportation Planning and Systems budget to provide for closing of the
books for the 1979-80 fiscal year.
8-277 - Public Works. Transfers $486,788.09 between various Public
Works :operating department accounts and line items to provide for the closing
of the books for the 1979-80 fiscal year.
B-278 -Public Works Construction Proiects. Transfers $163,243.31
between various Public Works road construction projects to provide for the
closing of the books for the 1979-80 fiscal year.
5-279 - Sunalemental Manvower Programs. Transfers $675,776, with
$286,8b0 from unanticipated revenue among various supplemental manpower
', programs and the agencies.
5-281 - Farm Advisor. Transfers $204 from employee benefits to
regular salaries and $96.97 from maintenance of equipment to transportation
and travel. The purpose of this transfer is to close the books for the Farm
Advisor budget for the 1979-80 fiscal year.
1223 SET PUBLIC HEARING DATE - E. L. AND JEAN OSBORN PETITION FOR CANCELLATION OF
LAND CONSERVATION ACT AGREEMENT
Set a public hearing date of September 9, 1980 at 10:15 a.m, for
E. L. and Jean Osborn consideration of a negative declaration and petition
for cancellation of Land Conservation Act Agreement.
1224. APPROVE 701 GRANT REPROGRAM - HOUSING AND COMMEJNiTY DEVELOPMENT
There was a motion by Supervisor Moseley, seconded by Supervisor
Wheeler the Housing and Community Development 701 Grant reprogram of surplus
funds to conduct a reporting pragram to assist the county's housing assistance
program with Connerly and Associates in an amount not to exceed $6,188.33
to provide specified services agreement was approved and the Chairman
authorized to sign.
Gerald Lively, deputy administrative officer, stated there are
surplus funds and they have an opportunity to develop a report system
Page 89.
July 29, 1980
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Supervisor Winston stated if the. agencies still do not want to
cooperate it will not work. He felt it was ridiculous in this small county
to have several agencies shooting out in every direction.
Vote on motion:
AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke
NOES: -Supervisor Winston
Motion carried.
1225~APPROVE GRANT AWARD FOR HEAD START COST OF LIVING AND CARRY OVER FUNDS -
There was a motion by Supervisor Dolan, seconded by Supervisor
Wheeler, the Head Start carpy over grant award from Department of Health,
Education and Welfare authorizing the use of $72,65$ from carry over funds
of 1978 and 1979 be accepted; a cost of living contract in the amount of
$33,118 be approved; and a special health grant in the amount of $5,000
be approved with total amount involved is $110,776.
Supervisor Moseley was concerned about the carry over funds.
James McNaughton, executive director of Community Action Agency,
stated he set out in his memo that part of the funds are for equipment.
This is for non-repairable equipment and some that was lost through vandalism.
Mr. McNaughton stated he suggested the cost'of living increases based oM 6
to ZO other head start agencies in rural areas in the state and averagedo
The teachers salaries are low. They have problems keeping competent teachers.
There has been a great turn over. The Clerk Typist II position was tremend-
ously low.
C1if Mickelson, administrative officer, set out the range for a
Clerk Typist TI in the present county salary range. .The county bi-weekly
range is $341 to $416 and the Head Start position was $386 every two weeks.
Mr. McNaughton stated included in the proposal is the cost for a
driver trainer.
Vote on motion:
AYES: .Supervisors Dolan, Wheeler and Chairman Lemke
NOES: Supervisors Moseley and Winston
Motion carried.
Supervisor Moseley stated if it had been only the cost of living
increase she would have voted in favor; but not for the balance of the request.
Supervisor Winston agreed with Supervisor Moseley`s statement.
_______====-July 29, 1980 =______~~_----__--
~program. It is a requirement of the block grant and can be done by the
grant paying for it. The attitude .survey and what the housing conditions
are were done on the computer. He stated it was a big effort to get other
agencies to cooperate.
1226
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
unanimously carried, the following drainage deposit refunds were approved:
1. .Approved drainage deposit refund for lay Halbert and Ward Bailey
the amount of $8,208 which was required as a condition of filing a parcel
for AP 42-21-17, property lo'e'd on the corner of Rose Avenue and Oak
k Avenue intersection, Chico area.
Page 90.
July 29, 1980
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2. Approved drainage deposit refund for Ward Bailey in the amount
of $4,320 which was required as a condition of filing a parcel map for
AP 47-26-31, property located on the north side of Keefer Road, 1,900 feet
east of Highway 99E to the property line, north Chico area; the deposit was
paid by Shastan Company.
Clay Castleberry, public works director, stated the refunds were
a major concern. He is working with Mr. Minasian and other property owners
on a proposal to be brought to the Board later.
1227 SET PUBLIC HEARING DATE
Set a public hearing date of August 19, 1980 at 10:00 a.mo to
consider the request of Harriett E, Arends petition for variance to.Sections 19-1
and/or 19-12 of the Butte County Code for placement of ainobile home on
AP 47-20-41, Route 4, Box 515 AA, Munjar Road, Chico area, zoning "A-10".
1228~REPORT TO 'fHE BOARD REGARDING BID OPENING ON MADRONE AVE[3UE/LINDO CHANNEL
Clay Castleberry, ptitilic works director, stated the description
of this project was-for asphalt approach and darker yellow concrete. They
held the bid opening and the low bidder was Dick Horton for $14,b85. Since
this is considerably lower than the original estimate he would like to
bring back a change order for asphalt with an estimate of $2,500. He felt
this would be better in the long runo There will be 500 bicycles a day
using this crossing.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
unanimously carried, awarded the'='brds-toFDick Horton, Ctaico for $14,685 on
Madrone Avenue/Lindo Channel Bicycle :.Crossing, Project CBS 80-1 and authorized
the Chairman to sign; Public Works Director to bring back contract change
order.
1229~ADOPT RESOLUTIONS 80-157, 80-158, 80-159 AND 80-160 RE: EAST RIDGE ASSESSMENT
Dan Blackstock, county counsel, stated they have had a lot of
ssessment districts presented and approved them in the past. This proposed
istrict is slightly different. The developer is building the road.
r. Brunsell has indicated this is but a little different than what was
one in the past.
Clay Castleberry, public works director, indicated the entire
y is owned by one property owner.
On motion of Supervisor Winston, seconded by Supervisor Wheeler and
inanimously carried, the following actions were approved for the East Ridge
Issessment District:
1. Authorized filing-petition.
2a Authorized filing 6ertificate of Title.
3. Authorized filing Certificate of Value of Appraiser.
4o Authorized filing Certificate re Petition.
5a .Adopted Resolution 80-157 accepting petition and authorized the
rman to sign.
6o Adopted Resolution 80-158 accepting proposal for special assess-
ant proceedings for East Ridge Assessment District and authorized the Chairman
to signo
Page 91.
July 29, 1980
July 29, 19so
80- 7. Authorized filing of Boundary Map.
8. Adopted Resolution 80-159 approving boundary map and authorized
the Chairman to sign.
9. .Adopted Resolution 80-160 approving agreement for legal services,
with agreement attached to resolution and authorized the Chairman to sign.
1230 APPROVE REPAIRS TO BIGGS SWIMNLCNG POOL
Clay Castleberry, public works director, stated he was informed
this morning the Biggs swimming pool assessment district has a burned out
motor. They would like the Board to approve a loan of $1,000 to be budgeted
and repaide
Clif Nickelson, administrative officer, questioned if the district
would be able to repay the loan, There is to be some serious discussion
regarding swimming pools at budget time. He stated the ,Board could authorize
the replacement and they will replace funds through revenue sharing or
a loan.
On motion of Supervisor Moseley, seconded by Supervisor Winston
and .unanimously carried, the immediate repair of the Biggs Swimming Pool
Assessment District motor by a loan of $1,000 was approvedo
1231 ADOPT RESOLUTION 80-161 RE: BUILDING DIVISION PERMIT PEES
Clay Castleberry, public works director, set out the background on
the increase of the Building Division permit fees. The permit fees are not
paying for expenses even with three lay offs and the decrease due to the
incorporation of Paradise.
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, Resolution 80-161 establishing fees to be charged
by the Building Division of the Department of Public-Works for building,
plumbing, mechanical, electrical and mobile home permits was adopted and
the Chairman authorized to sign.
1232 SET PUBLIC HEARING DATE
Set a public hearing date of August 26, 1980 at 10:45 a.m. Cooper,
Rudolf & Associates consideration of proposed negative declaration regarding
environmental impact and rezone from "PA-C" (planned area cluster) to "R-1"
(single family residential) and "R-2" (duplex residential) property located
northeast of the intersection of Canyon Drive and Royal -0aks Drive, identified
as AP 34-OZ-37 and 34-04-99, east of Oroville.
1233 SET PUBLIC HEARING DATE
Set a public hearing date of August 19, 1980 at 10:45 a.m. for
Flanning Commission consideration of draft environmental impact report and
rezone, North Chico, from "A-2" (general) and "C-1" (light commercial) to
"R-1" (single family residential), "RT-1" (minimum density residential -
mobile home), "S-R" (suburban residential), "R-2" (duplex residential), "R-3"
(medium density residential), "R-4" (maximum density residential restricted
service), "NkiP" (mobile home park), and "C-C" (community commercial), an
area bounded by East Avenue on the south, Highway 99 on the west, Sycamore
Creek on the north and Cohasset Road on the easto
1234 CONTINUED TO AUGUST 5, 1980 WAIVING~THE SECOND READING AND ADOPTION OF ORDINANCE
AMENDING CHAPTERS 20 AND 24 NF THE BUTTE COUNTY CODE REo REGULATIONS AND "
CONTROL OF SUBDIVISIONS AND TO BONING REQUIREMENTS.
Cantinued to August 5, 1980 waiving the second reading and adoption
of ordinance amending Chapters 20 and 24 of the Butte County Code regarding
regulations-and control of subdivisions and to zoning requirements.
Page 92,
July 29, 1980
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July 29, 1980
WATVE FIRST READING OF ORDINANC$..ADDING~SECTION 14-50_TO THE BUTTE COUNTY CODE
REGULATING OVERNIGHT PARKING OF COML~RCIAZ; VEHICLES
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the first reading of an ordinance adding Section 14-50
to the Butte Ceunty Code regulating overnight parking of commercial vehicles
was waived.
ADOPT RESOLUTION 80-162 IN APPRECIATION OF DOUGLAS ROY
Dan Blackstock, county counsel, stated when he was representing the
nine Assessor's before the State Board of Equalization Mr. Douglas-Roy made
expert findings and testimony at no cost to the taxpayers. He would like
the Board to adopt a resolution in appreciation to Mr. Roy.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Resolution 80-162 in .appreciation of Douglas Roy
for his assistantance and expert testimony under the ruling on Rule 1025
before the State Board of Equalization was adopted and the Chairman authorized
to sign.
1237 PORT TO THE BOARD CONCERNTNG LETTERS WITH REGARD TO FEDERALLY INSURED STUDENT
LOANS
Dan Blackstock, county counsel, stated there was no action necessary
regarding the letter on federally insured student loans..
RESCINDED PREVIOUS RESOLUTION REGARDING-PROPOSED TAR ERCHANGE FOR SPECIAL
DISTRICT ANNERATIONS
Dan Blackstock, county counsel, stated the resolution that the
Board previously passed was mo~ke of a reflection of"~antent and did_not go to
the spec~.~ic procedures called for in' the code section, This is where one
district is annexed in the unincorporated areas. The county services are
not effected one way or another. The code sections calls for review of each
one which this Board"will do. His recommendation would be to repeal the
resolution and make a minute order to the effect their policy will be where
an annexation occurs unless it is going to diminish the:county~service area.
Proposition 13 has set out they can not increase or decreases. When an
annexation occurs there will be a cost at that time.
Jerry Hughes, Chico Area Recreation District, stated he would support
the recommendation that the Board rescind the existing resolution. He was
not sure how the minute order would effect the special district situation.
It has been suggested they go back and develop a proposal that would take
into consideration the county interest and special district interestso He
felt all special districts that might be ~:nvolved in annexation have the
prerogative of adding fees to services. The minute order should reflect the
section you would be complying with the statute. The resolution they developed
serves the same, purpose.
Mr. Blackstock stated the minute order would be a county general
policy. It would keep everythfing open for any special circumstances unless
the county is going to have diminished services because of annexation. They
could decrease the property taxeso
Supervisor Wheeler stated she felt they should repeal the resolution
as it seems to be complicated and send it back to committee and they can make
a presentation to the Board so they have something to go on.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley and
:unanimously carrieG,.repeal"previous Resolution 79-248 which was approved by
the Board in December 1979.
Supervisor.Dolan stated Mr. Blackstock is to come back with a minute
order. Page 93.
July 29, 1980
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W =__---_=====July29~ 1980 __ ___________ _____
RECESS' 9:53 a.m,
RECONVENE: 10:13 a.m. -
1239~ADOPT RPSOLUTION 80-163, 80-164, 80-165 AND 80-166 RE: SACRAMENTO AVENUE
The public' hearing on Sacramento Avenue Assessment District No.
1, engineer`s report and determination of public convenience and necessity
was held as continued..
Mark Risso, engineer McCain & Associates. Mr. Risso stated he has
been working on the project. He would urge the Board to make some kind of
decision as the'-time limit on the bid proposals will soon be up.
Dan Blackstock, county counsel, stated there was a 90 day period.
bids were received June 25, 1980. They can accept or reject until
tember 25, 1980.
Mr. Risso stated as of July 28, 1980 there were 70% in the district
protest to the project.
Supervisor Dolan noted that they had received information today
~ the Clerk of the Board on all information which has been presented to
~ or has been received. Supervisor Dolan stated she had received a letter
~ Mr. Trombatore. She had outlined a proposal for an alternative to
drainage problem. Mr. Howard Payne and Mr. Colemen were present today
Caltrans. Supervisor Dolan read into the record at this time the letter
had received from Mro Trombatore.~
I Hearing open to the public. Appearing:
1. WiII Bishop, fish and Game. They are concerned about the water
uality and quanity., Mr. Bishop read the Fish and Game policy on water
uality and water pollution control. There was concern for the urban run off
nto Big Chico Creek. In a summer rain storm lasting two hours would be 12
imes greater than raw sewage discharged daily from the same-area. Storm
ater is a big pollutant. The records of the Department of Water Resourses
how for two years in a row Butte County land owners requested bank protection
easures for Big Chico Creek. They have lost about 99% of riparian habitat
n Chico. They felt the alternative was Lindo Channel, :There were six
reeks, now there .cis only five. Mr. Bishop stated the reason for Fish and
ame issuing a permit to McCain & Assoc. was statue 1601, administrative letter.
hey tried to persuade them to go into Lindo Channel. They can only give
ecommendations.
Supervisor Winston questioned the use of defusers.
Mr. Bishop stated during winter months water quality is not a problem.
occurs at the first of year storm. .People dump oil, unused pesticides and
er pollutants into these storm drains.
Chairman Lemke stated in their responses made by the engineer it
.eate~is previous testimony was not that of the official stand of Fish
Game. He was not representing Fish and Game.
Mr. Bishop 'stated his superior was here with him today.
Mr. Risso stated he talked to•people in Sacramento and that was-the
.nformation they gave him. They had talked with the Corps of Engineers in
iacramento. The system would involve septic tank like installation, These
oystems would be flushed. So when there is rain in the summer they will not
gave hard impact. The Department of Fish and Game went along with that.
Page 94.
July 29, 1980
July 29, 1980
80- Mr. Bishop stated he felt this was only addressing-half of the issue.
~' The other part was water quantity. Water quantity is an administrative issue,
they issued an agreement but they do not endorse the project. The engineer
has indicated a sediment trap is feasible. He was concerned with maintenance.
Supervisor Dolan stated the maintenance of these structures is the
county's responsibility.
2. Jim Snowden,, state t~ildlife b.iologisto Mr. Snowden was concerned
ut the wild life effects on birds and smaii~mammalso He felt there will be
cease, in water flow. The Department of Fish and Game and Department of
er Resourses stated there were no rare or endangered species in the area
icated. He stated there area There will be down stream effects. There is
yellow billed cuckoo, He stated chlorodane is lethal to wildlife. The
acts take years to .dissipate. No effect to King Salmon as they spawn
lower levels. It is a~c~nown fact they spawn by smello The Governor has
posed $50 million-project to rejuvenate salmon runs.
WHEELER ABSENT AT THIS TIME
Mr. Bishop stated in the o.iginal:proposal .by McCain' &-Associates
there were to be retention ponds but there is not the property for this.
He felt the retention ponds were very viable and should be researched.
~ 3. Joe Johnson, Nord Avenue. Mr: Johnson stated he owns two
acres. He read the amount of money being assessed in the newspaper. Tf these
figures are correct he will have to sell his property or split it up.
~ He felt the problem on Nord Avenue was due to Safeway Store-and he did not
want to pay for their problem. The state highway is used by many people
and he feels the taxpayers using the road should pay for it. The State
.. should be responsible for drainage and the highwaye~ He felt there would be_
a problem with more mosquitq~ because of water being held in the ponds.
He would like to see an alternate route for the highway. A lot of college
students will be effected in the cost of their housing.
4. Dick Painter, biologist, Fish and Game. Mr. Painter stated he
was not an expert on salmon and steelhead., Salmon as a whole in the State
of California are on a downward trend. Tn the 1800's there were 3,000 miles
for the salmon to spawn, now there is less than 300.
5. Bill purdah, Chico. Mr. Purdah owns two acres on Highway 32.
He owns apartments and twohomes in the middle of this area. He has been
living on his property since 1970. They have tarred~the property except for
15 feet at the back of the property. He never has water standing. He also
has a septic tank on this property. There is a five foot set back and there
is no drainage problem. The Open Circles property is entirely tarred ,,with the
exception of a small area. There is no place for the water to drain. All
this area belongs to the State. He felt if they would straighten out the
highway and level it the water would not be a problem. There is a lane
along Nord Avenue and Sacramento Avenue which is going to be abandoned which
causes traffic problems and there is always water standing. He felt it was
their money the Board was spending. He does not have the cash money to pay
for the assessment. It is $30,000 an acre that will have to be paid. He
does not feel they have a problemo He felt the highway should go down the
freewayo He does not feel the highway improvement would help. He can live
with it like it is. He felt Safeway and Open Circles should get together and
take care of the problem. There is another drainage district on the other side
of the tracks and the drainage is-not any greater. They do not want this. It
is a place where government will not pay for it.
SUPERVISOR WHEELER PRESENT AT THIS TIME
Page 95.
July 29, 1980
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80-
b
6. Katherine Whitney, Chico. Mrs. Whitney stated this was not the
first drainage district they have been through, there was two in addition to
the old one. She was speaking of this in case it goes to court. When the
first drainage district was formed there was no EIR basically. The EIR was
passed by a commission which was a negative declaration. They were represented
by departments of the county with no citizens on it except department heads.
It was never taken before the Planning Commission or Board of Supervisors.
They had no notification of what it was about. They heard about it through
Mr. Luvaas. Nothing about the negative declaration on an EIR until ten days
after it had happened. .When they became before the Board they said it was
too late. Now this second action they were told later. It was proposed in
the Environmental Review and discussed on a Tuesday morning. There is nothing
in the minutes about the hearing. At that time Supervisor Richter said he
would take the heat but he is no longer on the Board. She had asked Caltrans
if they were asking Butte County to come up with the assessment district.
They told her no. It was up to Butte County to take care of the drainage
along. the highway. If they proceed with this project she would like-County
Counsel to write up who is liabile for this.
Supervisor Dolan stated if they form the drainage district then
they believe there is a drainage problem. They are not just doing it to
get the highway improvements. She tried to blame it on the State And it
was their problem.
i Mrs. Whitney stated she was sure the county was told the highway
project was contingent upon the drainage district. She felt the problem
started nine years-ago when the previous Board approved some 13 projects
or developments along Highway 32. If they would have asked the property
owners if they wanted development in the area and insisted on the drainage
district because they want to develop the ,area there would not be the problem
today. She feels the only reason for this project is. o push for further
development.
Mr. Purdon stated he did not think the State of California cared
~aho paid for the drainage district, only they don't want to pay for it. He
felt it should be paid for by the whole of Butte County. .People who do not
have drainage problems should not be required to pay. He felt it would be
much better in the area without the roadway improvement. If the Board is
going to run this thing through let the costs be paid by those that benefit
from it.
Supervisor Wheeler stated she does not want to run anything through,
rans is to contribute for the acreage that the street covers, but they
not doing it for drainage of other property. She does not believe rerouting
ugh East Avenue is something that is possible or will be accomplished in
lifetime. The county would have to =reconstruct to highway standards and
is a lot more money.
SOR WINSTON ABSENT AT THIS TIME
Mr.,Purdon stated if the state or city levels the highway and get
rid of chuck. holes it would help. He feels the people should individually
solve their own drainage. He does not feel he is contributing to the runoff
problem, They took care of their drainage and.noia~they must pay for everyone
SOR WTNSTON PRESENT AT THIS TIME
7. Gene Mercer, Palmetto. Mr. Mercer is representing Butte County
h and Game. The Sacramento Avenue Assessment bistrict proposal was discussed
their July 14, 1480 meeting. He did not have enough information so he
Page 96.
July 29, 19$0
July 29, 1980
g0_ talked with McCain)&~Associates and the State Fish and Game. The State Fish
~ and Game has approved this project. Thirty some years ago there was a
subdivision and engineering and they had to conform to what ever county codes
applied to it. There was drainage across Neal Dow Avenue and was done by
a private engineering firm. He walked the creek area and found dead cats,
dogs, garbage and ashes damped -into the area. He talked with the Public
Works Director and the Environmental Review Director and they gave him the
report which was sent to McCain & Associates. This project along Rose Avenue
has not been maintained. There is diversion water at the five mile dam from
Big Chico Creek. The city-puts up burros. It.is feasible if it is maintained.
Mr. Mercer set out several areas which were stated to be feasible but they
were not maintained. If this present project is approved, who~is to pay for
it. The County has already put out $100,000 for the study. He set out the
problem in the area of Safeway. He Iives on Palmetto and Neal Dow. When it
rains the water runsoff but within 15 minutes is is soaked into the ground.
He hopes the Board will not allow this project to be approved.
8. .Hap Ron, West 5th Avenue, Chico. Mr. Ron stated it is going to
cost $20,000 for 1 3/4 acres. He does not have a drainage problem. He
urged the Board not to approve this.
Supervisor Winston questioned Mr. Painter regarding the Gity of
Oroville drainage system and along the Feather River which is larger than
in Chico. He stated there were three drainages through the Oroville area.
There is a float valve and pump. There is the same problem in regards to
chemicals. He understands there is 400 csf and there is 1500 csf at Ophir
Street. He questioned the effect on 'spawning.
Mr..Painter stated he could address the effect that go down Dry
Creek. -About eight years ago they studied the Feather River and the low
flow for approximately seven miles:.-The average fish spawning was IS,OOO to
16,000 and as high as 21,0000 .Eighty-one percent bf the fish spawned above "~
that large drainage and twenty percent below. They are starting to see the
salmon come backo
Mr. Bishop stated Mr..Dick Flint had to be in Sacramento today and
was unable to attend but he discussed this with him. There are 700 csf at
Big Ghico Greek and the Feather River goes from 400 csf to 1,5Q0 for the
maximum flow. There was 85,000 csf last winter. Big Chico Creek during a
summer storm is only 10 csf.,
Chairman Lemke noted that at 11:15 a.m. today Mr. Douglas Warnock
called the Clerk of the Board of Supervisors' office to register his opposition
to the formation of the Sacramento Avenue Assessment District No. 1.
Supervisor Dolan stated she had received a telephone call this
from Dan Ostrander in support of the district.
Chairman Lemke stated there were two additional letters received
from Eileen M. Harris et a1. No. 58 for AP 43-290-041 and a letter from
George M. Lewis, No. 128 in opposition. The Clerk had received two petitions
from Mrs. Whitney for Lynn P. Sparks, AP 043-2b-0-028-0 and Kathy Schuppert,
AP 043-25-3-016-0.
Mr. Bishop responed to Supervisor Do1an's question regarding the
lle drainage feasibility that he was not familiar with it.
Chairman Lemke stated they have received possibly more than 70%
tests at the present time.
Robert Brunsell, attorney, stated the Board could move forward. It
require a 4/5 vote on the f-finding and determination that the public
Page 97.
July 29, 1980
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_ J_u1y29, 1980 _ _ ________
convenience and necessity. Mr. Brunsell stated there has been some references
made to the procedings several. years ago, he was not the counseh for the Board
at that time. Some years ago the action was public necessity and convenience
they felt it should be reviewed because of the maps and the changes. They
do not have a majority protest because it was not a majority of wxitten
protests. .It is ~~ the Boards discretion to what they have before them.
From a legal stand point they have the right to go ahead.
Mr.-Purdon felt if the Board approved this they were breaking
faith. This is a matter of public safety and welfare and he maintains
there has been no statement which addresses it.
Supervisor Dolan stated she felt the safety problem was addressed.
The safety consideration and hazards were in the forming of a drainage district.
because somebody was calling, They are talking about water drainage problem
and convenience. The legal term is safety and water standards.
Mr. Brunsell stated there is a public benefit ~from't~.e'improvement.
An assessment district is not formal until an assessment is leveled. "The
previous district was never formed, it was preliminary. ,
9. .Clara Jones, Chico. Mrs. Jones lives along Highway 32. She
questioned the area of improvement going to Forest Ranch. Were the property
owners assessed in any way because the work was done. She stated she was
a widow living on social security and there are other widows in the area
and it is very vital to them.
10. Howard Payne, Caltrans. Mr. Payne stated if the drainage
district does not go forward Caltran could not use the funds for drainage.
There is $148,000 allocated for the project and the drainage of water is
a great expense. They have budget limitations. They are going to vote this
week. There are various alternatives which would push up into a smaller
project. The project is being done for safety reasons. He was not sure
they could continue to defer the money.
Mrs. Jones stated during the winter months the-creek is full and
with this extra drainage where is it going to go.
Mr. Risso stated it would go into Big Chico Creek. Zt will go into
a channel outfall.
Hearing closed to the public and confined to the Board.
Chairman Lemke stated he was going to vote. on the project based
on what they have heard in the last two hearings and his personal feelings.
He felt the assessments were high and there were 70% or more in protests.
,Supervisor Dolan stated that had a tremendous bearing on the drain-
age district and with the assessment as proposed it is not an easy thing..
She would give the decision to someone else if she could. She would have to
take the heato She tried to figure out who to blame the State or Highway
Project. She feels this area was allowed to develop in the early 1970's
and now there are drainage problems. There is high density. .She hopes they
have learned their lesson. She has read everything that was presented to her
and she knows a lot of the people personally, She believes there is a drain-
age problem, there is a need to form the drainage district. She is concerned
about the five foot pipe. She has been given close to an assurance it is
going to mitigate urban pollution. She was concerned if it was fair to the
residents in Bidwell Drive being assessed, She doesn't believe anybody is
going to be happy. Zf the district is to go it has to be the whole thing.
This is not the way she wants to do it. She believes it is a public need.
Zt came about because of the expiring development. She was concerned about
Page 98.
July 29, 1980
~~1y 29, 19so
g0- people on fixed incomes. She worked with County Counsel and Bond Counsel
b and she wants this to be a part of the project whereby they use the grant
for senior citizens who are taxpayers and who would be elgible have the
County purchase their bonds for now and put a lien on the property and it
would be payable when the property was sold. It is a Revenue and Taxation
Code for property tax assistance. She considered annexation and going to
Lindo Channel or the highway going to East Avenue. Caltrans is paying for
part of the project.
Mr< Payne stated for the highway to be altered it would be up to
local government. It is possible to do so with local government bringing
the road up to standards. He feels it is a long range possibility. He felt
most of the traffic was local and not through traffic,
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, Resolution 80-163 finding and determining rye public convenience and
necessity require the improvements was adopted.,
AYES: Supervisors Dolan, Moseley, Wheeler and Winston
NOES: Cisairman Lemke
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, Resolution 80-164 overruling protest was adopted.
AYES: Supervisors Dolan, Moseley, Wheeler and Winston
NOES: Chairman Lemke
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, Resolution 80-165 approving the report and assessment and ordering
the improvement; the county part..~of this assessment district is to establish
a program whereby those who qualify and have assessments be paid with a
transfer of property the assessment must be paid for those that qualify
was adopted.
AYES: Supervisors Dolan, Moseley, Wheeler and Winston
NOES: Chairman Lemke
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, the amended engineers report be accepted.
AYES: Supervisors Dolan, Moseley, Wheeler and Winston
NOES: Chairman Lemke
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, Resolution 80-166 authorizing change orders was adopted.
AYES: Supervisors Dolan, Moseley, Wheeler and Winston
NOES: Chairman Lemke
Mr. Blackstock advised that property owners start coming in this
next week to sign the agreements as he is nat sure when they will sell the
bonds. The project cannot move forward until they are sold. He will prepare
the agreements and it will require review with the Senior Citizens Assistance
Taxes> He will check with the Assessor and Tax Collector to make them aware.
He will set up a procedure and have the Board approve it next week.
Mr. Brunsell stated the notices of assessment will be mailed and
included with the information so owners can apply for this defermento They
can pay cash within 30 days.
PUBLIC HEARING: GARY E. RLIMA APPEAL OF CONDITION ON CERTIFICATE OF COMPLIANCE
AP 28-17-59, ONE LOT, NORTH AND, SOUTH OE SWEDE'S FLAT ROAD, 1/4 MILE WEST OF
HURLETON-SWEDE'S FLAT ROAD SWEDE'S FLAT AREA
The public hearing on Gary E. Klima appeal of Condition #l on a
certificate of compliance relating to a $750 fee to be paid into a road fund
for 5wede's Flat Road, AP 28-17-59, one lot, north and south of Swede's Flat
Road, 1/4 mile west of Hurleton;Sw~de's Flat Road, Swede's Flat area was
held as advertised. Page 99.
July 29, 1980
----------==3ulyz9, a9so =____=_____~__=___
80- Chairman Lemke stated a letter has been received requesting cancellation
b ' of the hearing.
1241 PUBLIC HEARING: ART WARNKE APPEAL OF PROPOSED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACT AND DENIAL OF TENTATIVE PARCEL MAP, AP 47-25-143, THREE
LOTS WEST SIDE OF HIC1tS T,ANF. 1 800 FEET SOUTH OF GHICO ROAD CHICO AREA
The public hearing on Art Warnke appeal of proposed negative
declaration regarding environmental impact and denial of tentative parcel map,
AP 47-25-143, three lots, west side of Hicks Lane, 1,800 feet south of Chico
Road, Chico area was held as advertised.
Chairman Lemke stated a letter has been received requesting a
continuance.
Hearing open to the public. Appearing: No, one.
~~~ ~ Hearing continued to August 12, 1980 at 10:30 a.m.
1242 APPEARANCE: MR. MAGEE '
Mr. Magee, Gridley Senior Citizens Group. Mr. Magee presented
information to the Board regarding a senior nutritions-program. They are
requesting revenue sharing funds for the senior nutritions program. He
has been working with Axlene Failene from Community Action Agency and they
have prepared a bare budget. He has a petition signed by more than 100
senior citizens. He hoped Supervisor Moseley would place this request in
the near Future on the agenda.
DISCUSSION: INTERIM ZONE AND SEPTIC PERMIT IN DURHAM AREA
Tam Beers, Durham. Mr. Beers was before the Board regarding a
proposed 28 unit three bedroom complex by David Hosteller. Mr. Beers
presented a petition in opposition to the complex on Goodspeed and Service
Street, Durham, .Public sentiment is opposed to it. Concerns in the EIR
have not been addressed such as traffic, schools and water.
.Earl Nelson, environmental review director, stated there is a
hearing pending before the Health Officer regarding sewage disposal permit.
A hearing is to be held tomorrow.
Dan Slackstock, county counsel, stated he did not feel there was
a procedure for this Board to hear the matter. He felt it was an administrative
action.
Chairman Lemke felt if the permit was large enough of a magtitude
for an environmental determination is being considered at a public hearing
at staff level it must be appealable to the Board.
Mr. Biackstock stated he would like to bring back a report to the
Board next week.
Mr. Beers presented another petition this was requesting an interim
zone in the dawn town area of Durham. It presently is "R-3" zone. It was
zoned eight years ago. Mr. Beers read from the petition.
Supervisor Wheeler stated she would like more information on this
matter before she could take action on an interim zone.
Bob Gaiser, planning department, stated the Durham area is in the
study area. He will make a report to the Board next weeko
Mrs. Prisilla Crooker, 9190 Holland, Durham. Mrs. Crooker stated
she worked on the committee and a group of housewives are not qualified to
Page 100.
July 29, 1980
80-
~~ 1244
July 29, 1980
lake such a determination. They proposed~~,this zone+in order to allow duplexes
gut not a 28 three bedroom complex.
Mr. Kevin Meyer, Cohasset Stage, Chico. Mr. Meyer spoke to the
oard concerning the John Maxithei property which is within 200 feet of
is property. Mr. Meyer presented pictures for the Board to observe. He
as issued a permit for a lumber company.
Supervisor Dolan stated this is currently under investigation by
he Zoning Investigator.
Dan Blackstock, county counsel, stated it sounded more like a private
uisance. It depends upon what the.Zoning Investigator finds as to what the
ounty can do.
Supervisor Wheeler stated she would meet with the Zoning Investigator
d Fire Chief and view the property.
Joseph Sites, Plaza Way. Mr. Sites stated this. was a one man
eration and now there are 20 employees. He has aerial photos indicating
e operation.
Rick Robbins, Cohasset Stage,.Chico. Mr..Robbins was in agreement
th Mr. Sites and Mr. Meyer.
CBSS: 1:06 p.m.
Page 101.
July 29, 1980
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July 29, 1980 _ _ _
RECONVENE: The Board reconvened at 2:10 p.m. Present: Supervisors Dolan,
Moseley, Wheeler, Winston and Chairman Lemke. C11f Nickelson,
administrative officer; Dan Blackstock, county counsel; and
Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk
to the Board.
PRESENTATION: REGARDING NORTHERN CALIFORNIA EMERGENCY MEDICAL CARE COUNCIL
Dr. Leonard Inch spoke regarding the Northern California Emergency
Medical Care Council. He serves as aboard member to the council. In the
past the council has not given thought to the things in terms of capital items.
He felt that perhaps Butte County had not been as forceful in the past in
requests for capital equipment. The salaries of the inditiiidal;people working
on the council and a line item budget have been supplied to the Board.
The county is being requested to come up with $24,000 for this year for the
council. The budget for the council allocates two repeater systems for
Butte County which would be in excess of the contribution by the county.
The council has applied for a federal grant to give money for life support
functions. They have requested capital equipment in the amount of $28,000
for Butte County. He felt it was imperative that the council is made aware
of the fact that Butte County is the major contributor to the council.
The county should receive its fair portion of the services.
Supervisor Winston felt the Board could not consider the
request at this time. It would have to be considered in light of the
budget for the county.
Dr. Inch set out the comparisdn studies made of other councils
in the state with regard to the salaries of the people employed by the
council. Originally the council employed 13 to 14 persons and have cut
back to 7 employees. There are only three full-time employees on staff.
Supervisor Winston felt that if every segment of government
operated the way the council had since Proposition 13 it would have been
a wonderful thing. Mr. Becker, the executive director, deserves the
salary he is receiving. He has made a great difference in the operation
of the council.
Dr. Inch stated that Mr. Becker did not feel that the administrative
manager could be combined;.~,th his position. He is attending meetings
out of town, quite often and there is a need for someone in the office to
be able to handle problems that might arise. They could not offer the
current level of services if the position were combined with the other
position.
Dr. Fraters, representing Butte Glenn Foundation, spoke in
favor of the council. He felt that over the last couple of years there
has been more participation for counties other than Shasta. He stated
that the communications :..system has been a good thing for bringing people
from the outlying areas into the county.
The matter to be considered during the budget session.
12
PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION - PROPOSED NEGATIVE
DECLARATION AND RE20NE FROM "A-2" (GENERAL), "P-Q" (PUBLIC-QUASI-PUBLIC)
AND"S-H" (SCENIC HIGHWAY) TO "A-5" (AGRICULTURAL - 5 ACRE PARCELS) AND
"A-40" (AGRICULTURAL - 40 ACRE PARCELS) FOR COUNTY DUMP SITE AND SURROUNDING
AREA LOCATED ALONG BOTH SIDES OF CLARK ROAD (HWY 191) FROM TOWN OF PARADISE
LIMITS SOUTH APPROX. ONE MILE PARADISE
The public hearing on Butts County Planning Commission proposed
negative declaration and rezone from "A-2" (general), "P-Q" (public-quasi-
public) and "S-H" (scenic highway) to "A-5" (agricultural - 5 acre parcels)
and "A-40" (agricultural - 40 acre:-parcels) for county dump site and
Page 102.
July 29, 1980
80-
•_____--===-_July29, 1980 ______________ _-_
surrounding area located-along both sides of Clark Road (Highway 191) from
Town of Paradise limits south approximately one mile, Paradise was held
as advertised.
Bob Gaiser, planning department, set out the background of
the rezone. There was some objection to the proposal. This project is
not just the several hundred acres of the old dump site. The General
Plan shows the area for agricultural residential. The "A-5" and "A-40"
zoning was recommended because of the slope and soil conditions. The "A-5"
zoning is on the ridge top and the "A-40" zoning is for the steep area.
Steve Streeter, environmental review department, set out the
background of the negative declaration. The maximum potential would
be 47 parcels. They were concerned about the former dump site. There
was concern about the sediment from the dump site.
Discussion of why the "A-40" zoning was proposed when there
were non-conforming uses in the area held at this time.
Mr. Gaiser stated there had been a number of discussions about
the status of the parcels. There have been desist and restraint notices
on those parcels. The county has issued notices. Most of the area in
the "A-40" zoning is weep and rocky. He was not sure whether the parcels
were valid parcels or not.
Hearing open to the public. Apgearing: Cecil Johnson. Mr.
Johnson spoke to the Board regarding two items: the change in zoning and
the implementation of the agricultural residential designation to the
General Plan. He took exception to the Planning Staff as to the status
of the property. He referred to two letters he had written to the county
dated July 7, 1980 and October 16, 1979. Mr. 3ohnson read a letter he
hadrreceived.from.Public Works relative to whether further zoning would
be required. During the Planning Commission hearing, the Planning staff
made the allegations that were not correct. One of the statements was
that the parcels involved were in violation of the Subdivision Map Act
and the property was forced to be combined by the District Attorney.
Neither of those statements were true. The violation filed was a violation
of the Subdivision Lands Act. He had done everything in accordance with
the Map Act.
SUPERVISOR WHEELER ABSENT AT THIS TIME
Mr. Johnson stated that the Lands Act was subsequently resurrected
to impose restrictions on people who had divided land without a public
report. He attempted to resolve the problem by selling the property in
total. He was not able to do so.
Mr. Johnson was opposed to the zoning on about 200 acres of his
property. He asked that the Board look into the problems that exist:'in
that area. He felt that the agricultural residential designation
imposed is considered inverse condemnation and therefore illegal.
Chairman Lemke questioned whether the Board had received any
offers to purchase the properties on the west side of Clark Road that
is owned by the county. He would like to have the answers as this would
affect the "A 5" zoning proposal. He was concerned that a person owning
200 acres or one-third of the property in this proposal was not considered
by the Planning Commission.
Mike Pyeatt, assistant administrative officer, set out the
status of the property owned by the county. This rezone is part of
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July 29, 1980
July 29; 1980
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b
the overall proposal. Based on the outcome of the zoning, the county might
get into the subdivision process. The adjoining property owners to the
county property were contacted and of the seven proposed lots on the
west side of Clark Road six of the people showed an interest in the property
and the seventh person was not interested. Their office will be coming
back to the Board after the zoning proposal has been considered and
a decision has been made. They have some values from the Assessor's
Office as to minimum bid, but the property will have to go out to competitive
bid.
Mr. Johnson-stated the property he owns is not mainly rocky and
steep. The Health Department has said that every parcel would percolate.
Mr. Johnson to meet with County Counsel regarding what the
status of his property would be if the zoning were to be approved.
Counsel to report back to the Board on this matter.
The hearing was continued to August 5, 1980 at 11:30 a.m.
1241
PUBLIC HEARING: F. W. CASE CORD - APPEAL OF PROPOSED NEGATIVE DECLARATION
AND USE PERMIT TO ALLOW BLASTING, REMOVAL OF RIPRAP MATERIAL AND ROCK
CRUSHING AND RECLAMATION PLAN ON PROPERTY ZONED °A-2" (GENERAL) LOCATED
ON THE SOUTH SIDE OF COHASSET ROAD, APPROX. 1.5 MILES NORTHEAST OF KEEFER
ROAD, IDENTIFIED AS AP 47-23-55, CHICO
The public hearing on F. W. Case Corporation appeal of proposed
negative declaration and denied use permit to allow blasting, removal of
riprap material and rock crushing and reclamation plan on property zoned
"A-2" (general) located on the south side of Cohasset Road, approximately
1.5 miles northeast of Keefer Road, identified as AP 47-23-55, Chico was
held as advertised.
Bob Gaiser, planning department, set out the background of the
use permit. This proposal is to put in five acres of quarry. There was
a great deal of concern and opposition by people in the area. He felt
that many of the concerns were about the previous operation in the area.
Steve Streeter, environmental review department, set out the
background of the negative declaration. The project involves the removal
of 100 tons of rock over a two year period. There will be as many as
two trucks per day. There was concern about aesthetics and the project
developers agreed t~et.to°.da anything• with the bluff. There was concern
about the impact of blasting on the neighbors. There were nine mitigation
measures that were agreed to by the applicant.
SUPERVISOR WHEELER PRESENT AT THIS TIME
Hearing open to the public. Appearing:
~**~
1. Joe Seitz. Mr. Seitz spoke in~opposition to the use
permit. The Lurer Corporation created a disaster on the south side of
his property. He is trying to put in low density ranch sites of 20
acres on the property. Who would want to build a house with a quarry
across the fence from their property. There is no way to reclaim the
land. There are thousands of acres with rock laying on the ground.
He knew how important rock was to riprap on bank protection. If this
was the only source of riprap, he would not be opposed to the project.
2. Pat Pritchard. Mr. Pritchard stated he had previously
owned property across the street from the old quarry. Mr. Pritchard
showed the Board pictures of the area. The previous quarry promised
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3u1y 29, 1980
similar things. The previous quarry violated all the conditions mentioned
Before. He was concerned about the children's safety in the area and also
khe safety of the wells. There would be blasting at least twice a day for
nonths. This would cause the homes to shake in the area. During the
previous operation there were rocks flying. There was a great deal of
noise from the empty trucks. The trucks drop rocks along the road.
3. Nobel Engel, representing F. W. Case Corp., Mr. Engel
set out the draft reclamation plan that has been submitted to the county.
There appear to be objections from people who live away from the area and
the developer who bought next to the adjoining quarry. The logging
trucks are the majority of the traffic on the road. There will be a
vegetation screen between the quarry and the road. The owners of the
property intend to open a portion of the area for the required period of
time. When that gortion of the pit is finished it will be reclaimed.
The Planning Director had very few comments to add to the reclamation plan.
A11 equipment will be removed from the area. If necessary the settling
ponds will be lined. The quarry operations would be throughout the property
and last from late spring and summer. The projected use of the property
would be for ten years. The projected removal from the project is 50
to 500 tons of rock.
Mr. Ga~.ser stated that the reclamation plan that was submitted
conforms with, the reclamation ordinance. The comment was made that top
soil would be saved. The plan appears to meet the requirement of the .
ordinance.
Discussion of whether an EIR would be required held at this time.
Mr. Streeter stated that a conditional negative declaration was required
in lieu of an EIR and that the concerns were covered by the mitigation
measures of the conditional negative declaration. The purpose of an EIR
is to provide more information.
Aiscussion of the route to be used from the quarry to the river
field at this time. Mr. Engel stated they were willing to use whatever
route the county wanted them to use. The trucks would go to a public
scales or would be weighed on their scales. There is a practical matter
of how far the rocks can be hauled. A company could not afford to haul
rock for forty miles to the river. He believed there were twelve sites
proposed by the Corps of Engineers for work on the Sacramento River in
Butte County.
4. Kevin Meyers. Mr. Meyers stated that 20 loads a day would
be 40 trucks. This would actually be four trucks an hour. If the trucks
were carrying 600 tons per day for 52 weeks at five days a week that is
156,000 tons of rock removed in the first year. This would be 15.6 blasts
per year or one every three weeks. The trucks would run down Lassen
Avenue as stated at the Planning Commission. He submitted 130 signatures
on a petition from people who do not want to see the trucks down Eaton and
Lassen Avenues.
Mr. Engel stated that the operation would be on an intermittant
basis. There would be 5,000 to 50,000 tons of rock removed on an annual
basis.
Mr. Gaiser stated he had talked with Public Works about the
road. The company would be going to the Sacramento River. The opinion
of one person in Public Works would be that East Avenue is probably the
best road except for the problems with commercial and rush hour traffic.
Page 105.
July 29, 1980
July 29, 1980
80-- 5. Rick Robins. Mr. Robins stated that he is trying to develop
3 his property. There is one homesite on the property with three more home-
. sites planned. If the quarry is allowed, it will destroy their J-~-ves in
ten years. They will have to put up with more noise than the lumber mill.
Mr. Robins set out a problem he had during his childhood with regards to
rock quarries. He was opposed to the project. He was worried about damage
to his property which is one-third mile from the quarry. There could be
damage to the well. There will be a sediment fill where Anderson Fork
enters into Rock Creek.
Mr. Seitz stated that he had been in the construction business.
He wanted to know who was going to reclaim the land if the company guts
the area and then declares bankruptcy. It is ridiculous to talk about the
company taking specific routes. The company is going to take the route
that is the shortest to the site they are working on.
6. Sack Adams. Mr. Adams objected to the project. This would
be putting a dirty project into the middle of many homes. The mill in the
area started as a one-man mill on five acres and it is now trying to run
20 men on the five acres. This is a long narrow piece of property.
The property now has preliminary roads and the property has been denuded.
His property was less than one-third mile from the project.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Winston
the appeal of F. W. Case Corporation for a use permit to allow blasting,
removal of riprap material and rock crushing and reclamation plan on
property zoned "A-2" (general) located on the south side of Cohasset
Road, approximately 1.5 miles northeast of Keefer Road, identified as
AP 47-23-55, Chico was denied.
RECESS: 3:40 p.m.
RECONVENE: 3:54 p.m.
1248 PUBLIC HEARING: 1980-81 BUDGET AND REVENUE SHARING FINAL USE HEARING
The public hearing on the 1980-81 budget and revenue sharing
` final use hearing was held as continued.
Jim Johansen, auditor, made a report to the Board on the
financial picture far the county. If the Board viewed any increases and
decreases to the budget as coming in and out of the reserve, they would
have a better overall view of the financial picture. At the present time
the reserve is $3,150,000. He has presented a summary of the available
financing for Butte County for the 1980-81 budget as of yesterday to the
Board. There still could be changes. The first page of the summary
lists the original $54 million. The fund balances estimated at $6 million
came in at $7-1/2 million. This is a 99.99% final figure. Under schedule
No. 1, he has identified $425,000 in the road fund, and $113,000 in revenue
sharing. There was unexpected revenue in the compensation insurance
refund and claim before the State Board of Control. The major revenue
sources were more than anticipated. The May and June revenue this year
were significantly higher than May and June figures for last year. The
fund balances are $1-1/2 million more than anticipated considering the
items on schedule No. 1.
Mr. Johansen set out schedule No. 2 at this time. There is
an increase in the assessed value. The net revenue producing assessments
had come up almost 17% even though the gross was 14.4%. Property taxes
will be $610,000 more than estimated using 10% to 12% increase in taxes.
This is a fairly firm figure. Pagea106 estimate the Mate Assessed
July 29, 1980
July 29, 1980
80-
utility roll. He estimated an increase of 5.6%. The roll will be out around
August 6 or 7, 1980. The state-wide average is around 5.6%. They revised
the estimate of sales tax down. from 15% to l0% increase considering the
economy. The schedule indicated other decreases in revenue. They received
an estimated amount of revenue sharing funds fnr Butte County which would
be more than anticipated. Revenue sharing has not passed the Congress.
The figures do not take into consideration the post Proposition l3
tax effect and it will be considered when revenue sharing period 12 is
considered for allocation. There are other minor adjustments. There
was an increase in revenue anticipated that goes along with rebudgeting
of federal funds. Another increase in anticipated revenue is in SS 325
monies. Basically, that comes from road projects not comp7Eted and reverts
to the trust fund. There is a net increase as a result of the estimated
revenue and an increase in property taxes of an additional $670,000.
Both line total finances available for this is $56,000,000. The total
requirements as they stand based on the Boards approval is on schedule
No. 3 and the rebudgeting and grant come to $54,283,000. This makes
an excess, of finances available over the budgeted requirements.
Supervisor Winston asked if this was really $1-1/2 million going
into the reserveY
Mr. Johansen stated that technically this was correct. Because
of the motor vehicle in-lieu money, the Board can think in terms of
substituting the SB 325 funds instead of the motor vehicle in-lieu money.
This would make this in terms of $2 million available. There are some
unknowns still out there such as the impact of revenue sharing, the
augmentation funds. These are not included in the budget at a11. There
could be another $370,000 available to the Library and Fire Department
through the special district augmentation funds if the Board goes with
the recommendation. There is an impact of fee increases. There is the
unknown of the potential Chico annexation of the Mall which would change
the sales tax revenue. There are some minor readjustments, such as the
salary reclassification in the amount of about $30,000 that was not
included at this point.
Mr. Johansen stated there is the potential establishment of
a redevelopment agency in Oroville or Chico. That type of agency takes
the tax increase generated within that area. This way the county and
cities would not participate in the increased values. This would be a
reduction in the property tax revenue.
Mr. Johansen stated anti-recession funds from the federal
government have been discussed. There is a variable in the impact on
the sales tax. There are potential significant impacts depending on
the decision of the Sheriff's initiative.
SUPERVISOR MOSELEY ABSENT AT THIS TIME
Hearing open to the department heads: Appearing:
1. Dan Biackstock, county counsel. Mr. Blackstock stated
his office is asking for a one-year trial on a word processing machine.
This is the type of equipment in practically every County Counsel's
office in the state and the good size law offices in the county. It
is a worthwhile thing to try for one yeax and see whether other departments
can come in and make use of it as well.
2. Jan Ehrmantraut, county counsel's office. Ms. Ehrmantraut
stated that about two years ago their office acquired the secretarial
functions of the Public Guardian's Office. They have a little more
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July 29, 1980
July 29, 1980
80-.
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than 200 Public Guardian cases than there were two years ago. The reason
they are asking far the word processing machine is it would be a savings
to the county in money and to their office in time. She set out how the
machine would be used. It could be used on draft material and only the
changes would have to be made. This would only require typing the item
once as opposed to two or three times. This would also save considerable
time in doing repetitious type of typing. Tt would be placed in a memory
bank and then pulled for use as needed. The machine has the capability
of filling out forms for the Public Guardians material. The printers
print, at a rate of 540 words per minute. They are asking for $6,000 for
the remainder of this budget year.
Tom Struthers, purchasing officer, stated the purchase price
would be between $14,000 to $15,000.
Mr. Johansen felt the machine could be applied in the Auditor's
Office for preparation of the budget.
Discussion of whether the rental cost would be applied to the
purchase held at this time. Mr. Struthers stated that about 50% of the
rental cost is going into an accrual cost. The other part of the rental
cost is for upkeep of the machine. The company would be in Chico for
maintenance.
Mr. Struthers set out what the different word processing machines
have in the way of equipment. There are some machines with three or four
screens to one printers. There are other machines, if there is larger
allocation9 that have a CRT tube added. He felt the best way to go would
be to have several machines hooked to one printer at this time.
Supervisor Wheeler felt this would be a benefit to the county.
Discussion of whether this type machine could be used for
updating the county code held at this time. It was felt that for the
first year this should not be done until the county decides whether
to purchase the machine or not.
Clif Nickelson, administrative officer, stated this would cost
$15,000 or $600 per month. The cost might be distributed to several
departments depending on the use of the machine.
3. Joe Bandy, agricultural commissioner. Mr. Bandy stated
that what he had wanted to discuss with the Board was reclassifications.
He could not discuss them at this time because they are all presently
under consideration by Personnel. There are problems as liar as Air
Pollution and the agricultural burning guidelines. The Department of
Forestry has been very cooperative with their department in the past.
The Forestry Department is running across personnel problems. The new
regulations make the determination on each type of agricultural waste
to be burned. The county has a opportunity for an increase in subvention
funds in excess of $6,000.because of the action taken recently by the
Board with regard to the joint powers agreement. Butte County can
seek $9,881.
Mr, Bandy spoke regarding the Agricultural Commissioner's
budget. This morning the Governor signed two Assembly Bills that will
have an impact on his department. State mandated programs can now be
subverted for one-third of county casts. The only problem with this
is there could be erosion of local control. He felt the county would see
a restriction in revenue. He requested an opportunity to discuss the
reclassifications when they come forward.
Page 108.
3uly '29, 1980
July 29, 1980
80-' The hearing was continued to. August 1, 1980 at 9:00 a.m.
1249 COMMUNICATIONS
Gary E. Klima, Oroville. Mr: Klima writes withdrawing his appeal on a
public hearing scheduled for 10:30 a.m. Handled earlier in
the meeting. Off agenda.
Bachman & Associates, Chico. The engineers, on behalf of Art Warnke, write
requesting a two week extension of the public hearing which
is set for 10:45 a.m. Handled earlier in the meeting.
James E. Parr and Robert A. Terrill. Mr. Parr and Mr. Terrill write
appealing the Planning Commission's denial of the draft environ-
mental impact report and rezone from "TM-40" (timber mountain -
40 acre parcels) to "TM-10" (timber mountain - 10 acre parcels),
AP 63-01-101 and 102, property located approximately 300 to
3,000 feet east of Highway 32, two miles south of Forest Ranch.
Set for hearing August 19, 1980 at 11:15 a.m.
Thomas L. Roth, Chico. Mr. Roth writes appealing the Planning Commission's
approval of the Gary Rollins negative declaration and use permit
to allow 24 apartment units in an "A-R" zone, AP 42-07-38, property
located on the west side of Alamo Avenue, approximately 300 feet
south of East Avenue, Chico. Set for hearing August 19, 1980
at 11:30 a.m.
(Sacramento Avenue Assessment District X61. Numerous letters and petitions
have been xeceived in opposition to the proposed assessment
district. Handled earlier in the meeting.
Butte County Emergency Medical Services Committee. The committee writes
in support of the request for funding for the Northern California
Emergency Medical Care Council. Information; no action taken.
Law Offices of Vasquez & Vasquez, San Francisco. The attoxneys, on behalf
of Stephen I. Cohen, file a claim in the amount of $57,546.42
as a result of an automobile accident occurring at the intersection
of West Second Street and Walnut Street, in Chico, on May 3, 1980.
See motion following communications.
Gridley Union High School District. The district forwards its resolution
asking the Board of Supervisors to consider a subdivision fee
ordinance upon a final decision of the state courts on the
constitutionality of such a fee. Supervisor Moseley to answer
letter.
Ron Graves & Associates. The engineers, on behalf of Jim Potestio, appeal
the Advisory Agency's denial of a negative declaration and tentative
parcel map, AP 62-23-91, four lots, property located on the
southwest corner of Bald Rock and Rockefeller Roads, Berxy Creek
area. Set for hearing September 9, 1980 at 10:30 a.m.
Welfare Rights Organization, Chico. The organization writes requesting
clarification of established county copy machine charges.
Administrative Officer to answer letter advising policy of
the county.
City of Gridley. The city forwards its resolution asking that a tax rate
of $.174 per $100 assessed valuation for the redemption of the
1967 sewer bond be included in the 1980-81 secured tax roll.
Referred to the Auditor.
Page 109.
July 29, 1980
80-
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12 501
12511
1252
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Oroville Wyandotte Irrigation District. The district forwards its
resolution 7-80-5 authorizing the adding to the tax rolls of
improvement:e district X15 assessments and resolution 7-80-6
authorizing the adding to the tax rolls of delinquent accounts.
Referred to the Auditor.
Northern California Emergency Medical Care Council. The. council forwards
information that had been requested by Northern California
Supervisors Association member counties. Information; no
action taken.
Forest Ranch Volunteer Fire Department. The department writes requesting
revenue staring funds in the amount. of $50,000 for a water
tanker. To be considered at budget:'time.
REJECT CLAIM
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the claim of Stephen I. Cohen in the amount of $57,546.42
as a result of an automobile accident occurring at the intersection of
West Second Street and Walnut Street, in Chico, on May 3i 1980 was rejected
and referred to County Counsel and Risk Management Coordinator.
ALLOW'FRIENDS OF THE LIBRARY TO PLACE SIGN ON PROPERTY ON SHERIDAN AVENUE
INDICATING SITE OF NEW CHICO LIBRARY
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the Chico Friends of the Library were allowed to place a
sign on the Sheridan Avenue property indicating the site of the new Chico
Library.
COMMUNICATIONS CONTINUED
Vicki Wonacott, Quincy. Ms. Wonacott writes appealing the Planning Commission's
denial of rezone from "TM-10" (timber mountain - 10 acre parcels)
to "TM 5" {timber mountain, 5 acre parcels) located on the west
side of Doe Mill Rd., approximately 1/4 mile north of Schott Road,
identified as AP 63--07-03, east of Forest Ranch (item on which
environmental impact report was previously certified) and asks
that the hearing be scheduled in December. Planning Director
to report back to the Board on August 5, 1980 as to the setting
of the hearing so far in the future.
Gordon L. Shields, Paradise. .The surveyor, on behalf of Albert T. Halpin,
appeals the Advisory Agency's denial of proposed negative declaration
and tentative parcel map, AP 71-02-84, 4 parcels, access off
Rockefeller Road via Hidden Springs Road and Horseshoe Trail,
Bald Rock area. Set for hearing August 26, 1980 at 11:30 a.m.
ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Chairman Lemke stated the Board had received a letter from
the Tehama County Farm Bureau relative to federal land.
The memo from the Zoning Investigator regarding the complaint
about the dumping of fruit waste by the cannery was considered at this
time. The Zoning Investigator is to send a copy of the report the the
people making the complaint.
Chairman Lemke advised that the U, S. Department of the Interior
had made tentative approval for the land in the Magalia area for school
purposes. The Board has the ability to comment on the decision.
No action taken on comments to tentative approval made by the Board.
SUPERVISOR WHEELER ABSENT AT THIS TIME
Page 110.
July 29, 1980
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-__~_-____.. Ju1~29, 1980___________________
Letter from Butte County Council of Senior Citizens referred
to Administrative Office to follow through and find out how delegates
are appointed to the White House Conference on Aging.
Letter from Gerald Jarrett, M.D. regarding the turnoff on the
Skyway was referred to Public Works Director.
Letter from Butte County Commission on Aging regarding AB x+927
relative to health care was referred to County Counsel for a report back
to the Board.
RECESS: The Board recessed at 4:50 p.m. to reconvene on Friday, August 1,
1980 at 9:00 a.m.
Page 111.
July 29, 1980