Loading...
HomeMy WebLinkAboutM082879August 28, 1979 79- 1397 iTATE OF CALIFORNIA ) SS. BOUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to recess. Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke. Clif Mickelson, administrative officer; Dan Blackstock, county counsel; and Clark A.Nelson, county clerk, by Cathy Pitts, assistant clerk to Board. Pledge of Allegiance to the Flag of the United States of America Invocation by Supervisor Moseley On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, the minutes of August 21, 1979 were approved as mailed. '1398 APPROVE REQUEST FOR PROPOSAL AND AUTHORIZE PURCTiASING OFFICER TO SOLICIT CETA COMPUTER PROGRAM PROPOSALS On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, Request for Eroposal to obtain a computer system for the CETA program was approved and the Purchasing Officer authorized to solicit proposals. 1399 AUTHORIZE CETA FX 80 PLAN VOCATIONAL EDUCATION REVISIONSS On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, the vocational education revisions to the CETA FY 80 plans were authorized. 1400 APPROVE CETA FY 80 YCCIP SUBGRANT BETWEEN CETA AND COMMUNITY ACTION AGENCY It was moved by Supervisor Moseley, seconded by Supervisor Wheeler that the YCCIP subgrant for FY 80 between CETA and the Community Action Agency be approved. Supervisor Wheeler asked if this was overlapping and why this was not handled through Connerly and Associates. Jim Rackerby, personnel director, stated that YCCIP requires that this be a contract to a nonprofit organizationo This contract would e with EOC which is tied with the weatherization program in Chapmantown. This will compliment the weatherization program. They will be working around low income homes fixing fences and cleaning yardso Supervisor Winston stated that it does nor cost any money for individual to clean up their yards. Why does government have to come and clean an individual's yard: 1401 Vote on motion: AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemkeo NOES: None. Motion carried. INCLUSION OF STAFF RECOMMENDATIONS RE: STATE COMMENTS IN CETA It was moved by Supe rrisor Wheeler, seconded by Supervisor Dolan that staff recommendations regarding state comments in CETA FY 80 plan be authorized to be included. Page 65. August 28, 1979 79- b 1402 1403 1404 1405 August 28, 1979 Supervisor Wheeler brought to the Board's attention the memo from the state applauding the prime sponsor's action. Jim Rackerby, personnel director, stated that the Butte County Overall Economic Committee mentioned in the memo was the Butte County Aevelopment Commission. There was an overall development plan for this year. The Commission made some recommendations that CETAC has picked up on. Legislation requires that there be state agency review of the plan. It is the first time in four years that they have responded to the plan> Vote on motion: AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke NOES: None Motion carried. DECLARE EQUIPMENT SURPLUS AND AUTHORIZE PURCHASING OFFICER TO DISPOSE OF IT BY PUBLIC AUCTION Discussion of proposed auction of surplus county equipment held at this time. Tom Struthers, purchasing officer, stated that they had in the past run the auction instead of having a paid auctioneer. When the County Hospital was closed the auction became too big for the county to conduct the auction. If they hire an auctioneer at this point it will be on day labor. The county will handle the clerking of the saleo There are not any particularly high. dollar items. There is no item worth more than $2,000 or $3,000. They may be able to get someone from the auctioneer's school :for this auctiono This is an auction of items accumulated over about one year. There are 175 bikes this year. Mr. Struthers set out how the bikes are handled through the Sheriff's Office, On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, county equipment was declared surplus and the Purchasing Officer was authorized to dispose of it by public auction. AUTHORIZE CHANGE FUND FOR PUBLIC WORKS SUBDIVISION INSPECTION On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, a change fund for Public Works Subdivision Inspection in the amount of $20 was authorized. ACCEPT COUNTY LIBRARY ANNUAL REPORT FOR 1978-79 FOR FILING On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, the County Library Annual Report for 1978-79 was accepted for filing. PUBLIC HEARING DATE SET A public hearing date of September 18, 1979 at 10:15 a.m. was set for consideration of a per parcel service charge for the following county service areas: parcel parcel County Service'Area ~F4 (Sierra Del Oro lighting) - $3.16 per parcel County Service Area ~~11, Zone T (Durham lighting) - $1.82 per County Service Area #11, Zone II (Durham lighting) - $4.30 per County Service Area ~k12 (Stirling City lighting) - $.74 per parcel County Service Area #13, Zone I (Paradise lighting) - $2071 per parcel Page 66.: August 28, 1979 August 28, 1979 79- County Service Area ~~14 (East Chico lighting) - $1.40 per parcel y County Service Area #I5 (East Chico lighting) - $1.87 per parcel County Service Area ~k16 (West Chico lighting) - $2.76 per parcel County Service Area ~k17 (South Oroville lighting)- $2.48 per parcel... County Service Area ~~18 (Oro-Quincy lighting) - $2.89 per parcel County Service Area ~k21 (Oakridge sewer) - $108.43, Burton's Mesa Restaurant; $32.53, houses; $7.23, vacant parcels County Service Area dk23 (Pleasant Valley drainage) - $7.87 per parcel.. County Service Area ~k24 (Mud Creek drainage) - $2.78 per parcel County Service Area ~k25 (Shasta Union drainage) - $11.75 per parcel County Service Area ~~27 (Richvale lighting) - $6.13 per parcel County Service Area ~k33 (Oro-Wyandotte lighting) - $1.76 per parcel County Service Area #36 (Glen Haven lighting) - $8.65 per parcel County Service Area ~k39 (Chico Rancheria lighting) - $5.77 per parcel County Service Area dk40 (Ramada Street lighting) - $7.56 per parcel County Service Area #49 (Paradise lighting) - $6.45 per parcel 1406 TABLE AGREEMENT WITH STATE OFFICE OF CRIMINAL JUSTICE PLANNING TO PROVIDE AUGMENTATION FUNDING TO CONSUMER PROTECTION UNIT Discussion of agreement with State Office of Criminal Justice Planning to provide augmentation funding to the Consumer Protection Unit to extend the program from December 31, 1979 to April 30, 1980 held at this timed Supervisor Winston stated that this was a budget item. The approval of the agreement will indicate that the Board will £und the Consumer Protection Unit. He felt it should be studied in depth before a decision was made. Clif Mickelson, administrative afficer, stated that originally the CCCJ program was due to run through January 1, 1980. This is $20,000 that has come~in to extend the program up to March or April. What it does, if the Board decides to continue the program, will reduce the amount of local funds needed to continue the program. Supervisor Winston stated that he wanted to discuss this matter at budget time. Mr. Mickelson stated that the county had a healthy share of the program for this coming year. The grant is maybe 50% and local funds are 50%, This agreement is for $20,000 that the county does not have to match. On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, the agreement with the State Office of Criminal Justice Planning to provide augmentation funding to the Consumer Protection Unit was tabled. AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke. NOES: Supervisor Dolan, 1407 APPROVE AGREEMENT WITH STATE OFFICE OF GRIMINAL JUSTICE PLANNING TO PROVIDE AUGMENTATION OF FUNDING AND E%TEND THE PARENTAL STRESS PROGRAM On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the agreement with the State Office of Criminal Justice Planning in order to provide augmentation funding and extend the Parental Stress Program from March 31 through April 30, 1980 with the additional Page 67. august 28, 1979 August 28, 1979 79- funding in the amount of $5,000 (federal, $4,500; state buy-in, $250; and ~ local match, $250) was approved and the Welfare Director authorized to sign. AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke. ABSTAINING: Supervisor Winston, 1408 ENDORSE CONCEPT OF COMMTTTEE TO RECOMMEND CRITERIA TO BOARD FOR DISTRIBUTION OF PUNDS AS REQUIRED BY AB 8 AND DESIGNATE SUPERVISOR WINSTON, JIM JOHANSEN AND/OR DICK PUELTCHER TO SERVE ON COMMITTEE On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the concept of a committee to recommend criteria to the Board for the distribution of funds as required by AB 8 was endorsed. Supervisor Winston, Jim Johansen and/or Dick Puelicher were appointed to serve on the committee. 1409 ADOPT RESOLUTION 79-172 ADOPTING A $4 TAX RATE FOR 1979-80 AND SETTING ESTIMATED RATES FOR BONDED INDEBTEDNESS Jim Johansen, auditor, stated that the law provides that the tax rates must be adopted by the Board on September- because the assessors had been granted an extension to August 31, 1979 to provide the assessment roll, it provided that certain other deadlines could be extended. He requested an extension of time for adoption of the tax rate>and was granted an extension to September 20, 1979. Subsequent to that he~received word from the State Controller that the State Board of Equalization did not have the authority to grant the extension for the adoption of the tax rate. He has prepared a tax rate resolution which adopts a $4 tax rate except for bonds. Tt is anticipated that the tax rate for the bonds will be corrected. On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, Resolution 79-172 adopting a $4 Tax Rate for 1979-80 and setting estimated rates for bonded indebtedness was adopted and the Chairman authorized to sign. APPROVE VARLANCE RENEWAL - GRADE BURLESON On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 40-14-44, Durham-Oroville Highway, Box 433, .Durham area, zoning: "A-5" for Grace Burleson was approved. 14111 APPROVE VARIANCE RENEWAL - MILDRED L. REXROAT On motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, the renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 56-09-48, Cohasset Stage, Box 112, Chico Area, zoning: "TM~S" for Modred L. Rexroat was approved. 1412 APPROVE PARADISE 208 WATER QUALITY MANAGEMENT PLAN (SEWER STUBY) ACTTON PLAN On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the Paradise 208 water qualfty management plan (sewer study) action plan was approved. 1413 DENY CLAIM FOR REFUND OF TAXES PAID - THOMAS G. AND MEDORA J. WHITHAM On motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, the claim for refund of taxes paid of Thomas C. and Medora Jo Whitham for AP 52-02-1-020 was denied. Page 68. August 28, 1979 August 28, 1979 79" 1414 ADOPT RESOLUTION 79-173 GIVING NOTICE OF TNTENTTON TO SELL TAX DEEDEB '~/ PROPERTY On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, Resolution 79-173 giving notice of intention to sell tax deeded property for twenty parcels was adopted and the Chairman authorized to sign. 1415 APPROVE PUBLIC WORKS ITEMS On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the following Public Works items were approved: 1. Approved agreement with U.S. Forest Service for development road cooperative project - Coon Hollow Salvage Sale for portions of Humbug Road (~k91513) and Humboldt Road (~~91422) and the Chairman authorized to sign. 2. Approved State Lands Commission permit for Table Mountain Boulevard Bridge and the Director of Public Works authorized to sign. 3. Authorized the Chairman to sign grant deeds to Diamond International Corporation for Butte Meadows and Stirling City disposal sites. 4. Approved Stonebridge Professional Village Condominium final subdivision map, accepted public utility easements and drainage easements as shown on the subdivision map and offered for dedication; and the Chairman as authorized to sign the subdivision agreement. 1416 DELAY ACTION ON PRELIMINARY ENGINEERING PROPOSAL FOR CONSTRUCTION OF A SANITARY SEWER TRUNK LTNE TO SERVE THE NORTH CHICO AREA UNTTL BUDGET CONSIDERATIONS Discussion on the preliminary engineering proposal for construc- tion of a sanitary sewer trunk line to serve the north Chico area held at this time. Clay Castleberry,.public works director, stated that they had received proposals for preliminary engineering from Ro11s, Anderson and Rolls. If the Board wants to proceed with possible development of an assessment district it would be in order to start now. The City of Chico has started for the southerly Chico area. Most of the north Chico trunk would be for the unincorporated area. If it is in order, they should accept Mr. Drake's offer of one-half of the money for the preliminary engineering and some way to finance the remainder. If the assessment district is formed, the money would be paid back. It is'in order to authorize the issuance of ~urchase order for the preliminary work and make an appropriation fo the other $8,250 in the budget the Board is now considering. He felt the county should proceed. Supervisor Winston stated that the Board is going to be commencing budget deliberations. There are some grave problems in the budget. Even $8,250 is quite an item. This project is not going to sink or swim in 30 days.` He would hesitate committing any money out of the budget. Supervisor Dolan stated that she could share Supervisor Winston's concern in a sense. ;:She knew the city's engineering study was proceeding rapidly. If it is a cooperative effort the county should also move on the matter. It has been too long in coming. She was optimistic regarding the assessment district. Money has been offered by an individualo Page 69. ~. August 28, 1979 August 28, 1979 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ a ~ ~ _ - - _ _ _ - _ _ _ _ _ _ _ 79- Supervisor Wheeler felt that the county was dragging their ~ feet. The people have waited a long time for this. She felt the county should proceed as soon as possible. Dan Blackstock, county counsel, stated that because of the present litigation schedule, it would take some time to prepare and review the contract. This might not be brought back until the budget is adopted. If the money is not in the anticipated budget, he would not be inclined to: have the auditor pay out money or the Board to sign the contract, He felt that with working with other property owners something could be worked out. On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, the action regarding the preliminary engineering proposal for construction of a sanitary sewer trunk line to serve the north Chico area was delayed until budget considerations. AYES: Supervisors Moseley, Winston and Chairman Lemke. NOES: Supervisors Dolan and Wheeler. 1417 PUBZTC HEARING DATE SET ' The following public hearing dates were set: I. A public hearing date of September 25, 1979 at 10:35 a.m. was set for consideration of John Heinke proposed negative declaration and General Plan Land Use Element amendment to change from a "medium low density residential" designation to an "industrial" designation property located within 1,320 feet of Clark Road, approximately 1/2 mile south of Buschman Road, AP 54-11-15, 26, 27, 34 and AP 54-12-13, 19, Paradise. 2. A public hearing date of September 25; 1979 at 10:30 a.m. was set for consideration of Butte County Planning Commission (for Haynes, Tonelli and McNelly) proposed negative declaration and rezone from "A-2" (general) to "A-5" (agricultural-five acre minimum parcel size) on property located on the north side of Rock Creek, approximately 1,100 feet east of Highway 99, AP 47-25-139, 140 and AP 47-33-b, 9 and 10, Chicoe 3. A public hearing date of September 25, 1979 at 10:45 a.m. was set for consideration of T. L, and Othel Mabrey proposed negative declaration and rezone from "A-R" (agricultural residential) to "C-1" (light commercial) property located on the north side of Oro-Bangor, approximately 350 feet east of Lower Wyandotte Road, AP 36-111-15, Oroville. 4. A public hearing date of September 25, 1979 at 11:15 a.m. was set for consideration of Gerald No De Roco proposed negative declaration and rezone from "A-2" (general) to "M-2" (heavy industrial) on property located on the northeast corner of Highway 70 and Baggett-Marysville Road, AP 3b-52-52, Oroville. 1418 LETTER TO SE WRITTEN TO R. E. VERI~CLLION ADVISING HIM OF THE STATUS OF THE GENERAL PLAN LAND USE .ELEMENT.I13"'PROCESS AND WHEN THE BOARD EXPECTS TO BE HEARING THE MATTER Dan Blackstock, county counsel, stated that he did not think that Mr. Vermillion realizes that if he proceeds on his application and it is approved before the Land Use Element is adopted, it would be wiped out. Tt is only appropriate for the Planning Commission or the. Board to consider Mr. Vermillion's request when the Land Use Element comes back to the Board. Page 70. Avgust 28, 1979 August 28, 1979 79- 1419 Supervisor Dolan stated that there are three or four large areas where there has been a study done in the Land Use Element. Possibly the Board could hold a hearing prior to the completion of the revision. Bettye Blair, planning director, stated that Mr. Vermillion's property is Hwy 99 and Garner Lane. The Planning Commission has included. his property in the map amendment; Mr. Vermillion has been trying to expedite the project because of continued delays. Ms. Blair stated that at the hearing today she will be requesting a continuance to September 18, 1979. The indications are at this time that the Board will have the recommendations coming forward on the map. It would take another application fee to start his application again. On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, a letter is to be written to Mr. Vermillion informing him of the status of the process and when the Board expects to be hearing the matter. APPROVE LAND CONSERVATTON ACT AGREEMENT AMENDMENTS On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the following Land Conservation Act agreement amendments were approved and the Chairman authorized to sign: 1. Mary Jean Gehringer, Edmund We Gehringer, Jr., and Othello Jean Gehringer. 2. Edmund W. Gehringer and Othello Jean Gehringer. 1420 1421 LETTER OF APPRECIATION TO BE SENT TO CALIFORNIA HIGHWAY PATROL FOR ASSISTANCE TO BUTTE COUNTY BY LT. BILL SANDERS On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, a letter of appreciation was authorized to be . sent to the California Highway Patrol for the assistance to Butte County by Lto Bill Sanders. RECESS: 9:56 a.m. RECONVENE: 10:10 a.m. PUBLIC HEARING: RICHARD AND FRANCES REESE - PETITION FOR VARIANCE TO SECTIONS 19-10 ANA/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON AP 63-04-13, SCHOTT ROAD, 1/2 MILE EAST OF HIGHWAY 32, FOREST RANCH AREA. ZONING: "TM-5" The public hearing on Richard and Frances Reese petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 63-04-13, Schott Road, 1/2 mile east of Highway 32, Forest Ranch area, zoning: "TM-5" was held as advertised. Lynn Vanhart, environmental health director, set out the background of the petition. It is in order. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, the petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 63-04-13, Schott Road, 1/2 mile east of Highway 32, Forest Ranch area, zoning: "TM-5" for Richard and Frances Reese was approved for a period of one year. Page 71. August 28, 1979 r. ~ // _Aug_us_t_28_,_i9_79 ____ _______ ___ 79- 1422 CLOSED PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION - DRAFT EIR AND b GENERAL .PLAN LAND USE ELEMENT - CONTINUED TO SEPTEMBER 18, 1979 AT 11.00 A.M. The closed public hearing on the Butte County Planning Commission draft environmental impact report and General Plan Land Use Element was held at this time. Bettye Blair, planning director, stated that the Planning Commission has continued their hearing to September 12, 1979 on the diagram. She recommended that the Board hearing be continued to September 18, 1979. There was some agreement by the agricultural community. Staf£ wise they have made some modifications to the map which were discussed. it was a diminishing of the rural-residential into £oothiil. The hearing was continued to September 18, 1979 at 11:00 a.m. 1423 ADOPT RESOLUTION 79-174: PUBLIC HEARING RUDY RINDLISBACHER - ABANDONMENT OF A PORTION OF PUTNAM AVENUE TN PALERMO - CITRUS TRACT SUBDIVISION ~~4 The public hearing for Rudy Rindlisbacher abandonment o£ a portion of Putnam Avenue in Palermo Citrus Tract Subdivision ~~4 was held as continued. Hearing open to the public. Appearing: Rudy Rindlisbacher. Mr. Rindlisbacher stated that he had obtained signatures of all the owners in the area. All are in agreement to abandon Putnam Avenue. He did not believe that the abandonment would have a effect on Mr. Garzia. Hearing closed to the public and confined to the Board. On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, the abandonment of a portion of Putnam Avenue in Palerato Citrus Tract Subdivision dk4 was approved if. all adjoining property owners .have signed the petition for abandonment; Resolution 79-174 was adopted and the Chairman authorized to sign. 1424 PUBLIC HEARING: R. C. ROBERTS - APPEAL OF PLANNING COMMISSION'S DENIAL OF VARIANCE TO X2`5-FOOT PERIMETER SETBACK TO ALLOW MOBILE HOMES 10 FEET F ROM THE PROPERTY LINE ON PROPERTY ZONED "MHP" (MOBILE HOME PARK) LOCATED ON THE WEST SIDE OF HICKS LANE, APPROX. 400 FEET NORTH OF EATON ROAD, AP 44-44-63, AND AP 44-45-95, CHICO The public hearing on R. C. Roberts appeal of Planning Commissiun~s denial of variance to 25-foot perimeter setback to allow mobile homes 10 feet from the property line on property zoned "MHP" (mobile home park) located on the west side o£ Hicks Lane, approximately 400 feet north of Eaton Road, AP 44-44-63 and AP 44-48-05, Chico was held as noticed. Bettye Blair, planning director, set out the background of the appeal. The Board has copies of the Planning Commission minutes and staff findings. At the time the Planning Commission denied the variance they were discussing whetherti~ere had been construction and under what permits. It appeared some utilities were installed within the area of the setback. Hearing open to the public, Appearing: Jay Talbot, representing R. C. Roberts. Mr. Talbot stated that the park was built and they are in the process of completa.ng the park. The setback is the only problem they are having. They are contemplating landscaping on the property. Page 72. ~. August 28, 1979 79- b _ _ _ _ _ _ _ _ _ _ _ _ = August'~28 ~ 1979 = _ _ _ _ - _ -- _ _ _ _ _ - _ _ = Supervisor Winston stated that the Board received a memo that says the zoning was for a mobile home park with Ordinance 1179 being adopted June 29, 1971, Apparently a use permit was granted in September of 1972 and improvements were started in 1973. He wondered if the people were aware of the setback requirements. Mr. Talbot stated that his company acquired the park after it was semi-completed The utilities were in. There has been no request for hookup of the utilities until they are complete and they meet the codes and standards. They acquired the property last year. The mobile home -park was started under "C-C" zoning. They do not have the raom to accomodate the unites- The utilities are within ten feet of the property line and should be within four feet of the mobile home. Dan Blackstock, county counsel, stated that economic reasons are not sufficient grounds to grant a variance. The Board's ability to grant a variance are quite limited. Del Siemsen, deputy county counsel, stated that it is not a size problem but more an economic problem. ' Mr. Talbot stated that the wall on flicks Lane is one foot back. In front of that is the flood control channel. The north property line is a prune orchard. They will plant trees every six feet on the perimeter. Supervisor Winston stated that there is a piece of property that was developed for a mobile hame park some years ago and certain work was done under existing conditions and there was a financial disaster. There is a lot of conduit in the ground and there it sited The new owners come along and want to clean the property up so that it can be used. Supervisor Winston asked Counsel if this situation could be termed under special circumstances. Mr. Blackstock stated that the last sentence of the code section has a bearing on the mattero The fact of the matter is the Board is allowing a mobile home park additional use of their property over the use of other mobile home parked Mobile home parks are an internal design that is determined by an individual and the Board is hard put to find a reason for a variance unless there is some specific problem with the shape. Mr. Talbot stated that he was not asking for anything that is not granted under "C-C"zoning. Many mobile home parks are not built under "MHP" zoning. They are built under the."C-C" zoning with a use permit, This makes them legal to go ten feet from the property line. Ms. Blair stated that the mobile home park to the north has pulled back 180 feet, The perimeter is to be 70 feet, Supervisor Dolan felt that the Board had the information that the Planning Commission did not have. She asked if this could be referred back to the Planning Commission, Mro Talbot stated that they had not anticipated any lots not being usabf~0- They will have to go in and tear out the utilities on the perimeter lots and start over. The property would not be feasible to start over. Discussion of possibly putting the property back into the "C-C" zoning classification held at this time, Page 73. August 28, 1979 ~~ J 79- August 28, 1979 Ms. Blair stated that the Board could initiate an action and then require a use permit. The. mobile home park zoning does not require anything other than approval of design criteria set out in the ordinance. A rezone to the commercial district may fall into an environmental review situation. Tt might not be as easy as it seems. ktearing closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor Dolan and carried, the appeal of R. C. Roberts was denied. AYES: Supervisors Dolan, Moseley, Winston and Chairman Lemke. ABSTAINING: Supervisors Wheeler. Supervisor Wheeler felt that maybe economic reasons should be justified for a variance. She would like to look into having the law~~hanged. Supervisor Wheeler was given permission to work with County Counsel on this matter. ADOPT ORDINANCE 2043: PUBLIC HEARING: ROBERT C. VIETTI, PH.D. - PROPOSID NEGATIVE DECLARATION AND REZONE FRAM "A-R" (AGRICULTURAL-RESIDENTLAL) TO "R-2" (DUPLEX RESIDENTIAL) PROPERTY LOCATED ON THE NORTH SIDE OF NELSON AVENUE, APPROX. 1/4 MILE WEST OF 6Tki STREET, AP 31-02-20_, _OROVILLE The public hearing on Robert C. Vieth , Ph.D. proposed negative declaration and rezone from "A-R" (agricultural-residential) to "R-2" (duplex residential) property located on the north side of Nelson Avenue, approximately 1/4 mile west of 6th Street, AP 31-02-20, Oroville was e1d as advertised. Earl Nelson, environmental review director, sat out the background of the negative declaration. The plan indicated by the developer is that he would like to place 150 duplex units on the property. This would be 300 residential units. The environmental evaluations are based on that proposal. The area is not a sensitive area other than the typical things like traffic and drainage increases and compatibility with the surrounding areao There is sufficient capacity in the drainage system to accomodate the increase. He was of the opinion that the drainage deposits contributed by the developer would take care of the problems. There are several residents to the south and either public land or vacant land to the east is Nelson Avenue School, The schools felt the development was inevitable. The traffic figures are incorrect in the checklist. The figures should be doubled. This would be about 2,000 cars per day. Nelson Avenue has been rebuilt and is adequate to accomodate the traffic. He recommended a negative declaration. Bettye Blair, planning director, set out the background of the rezone. The Board has copies of the minutes and staff findings. The Planning Commission recommended for approval and found it to be in conformity with the General Plan. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Moseley, seconded by ,Supervisor Dolan and unanimously carried, finding the proposed project could not have a significant effect on the environment:y a negative declaration was recommended. Page 74. August 28, 1979 /j, 79- b 1426 August 28, 1979 - On .motion of Supervisor Moseley, seconded by Supervisor. Dolan and unanimously carried, the rezone from "A-R" (agricultural-residential) to "R-2" (duplex residential) property located on the north side of Nelson Avenue, approximately 1/4 mile west of bth Street, AP 31-02-20, Oroville was approved finding it to be in conformity with the General Plan and sewers are available; Ordinance 2043 was adopted and the Chairman authorized to sign. RECESS: 10:56 a.m. RECONVENE: 11:02 a.m. APPEARANCE: GEORGE MC LANE:: Reverend McLane read a letter of resignation from the Board of Directors of the Superior California Senior Citizens. The reason for the resignation is due to the fact that the corporation liability insurance requires a $5,000 deductible amount per member. It was his recommendation that a supervisor be appointed to the board as they are covered under the county`s insurance. The other reason a supervisor should be appointed is because of the increasingly complex negotiations with the Department of Aging on Area Agency on Aging. On August 29, 1979 at 10:00 a.m. in the Shasta County Board of Supervisors Chambers there will be a meeting of the board and the Department of Aging. He hoped that a supervisor could attend that meeting. Discussion of the insurance requirement held at this time. Clif Nickelson, administrative officer, stated that this organization is an independent nonprofit corporation. Consequently, the county cannot cover a private person appointed to a separate corporation. The Board members are covered in serving for the county in a much broader sense. The Board accepted Reverend McLane's resignation with regret. 1427 14281 APPEARANCE: ED BROWN ASSESSOR RE: 1979-80 SECURED ASSESSMENT ROLL Ed Brown, assessor, reported on the 1979-80 secured assessment roll. The total roll is an increase over last year of 12.97%. Mr. Brown stated that the county had about 1,500 new parcels over last year. There is a tremendous amount of construction. Mr. Brown set out the increases in the business properties within the county at this time. Another thing that made the increase in the roll was the fact that the commercial property was carried on Iast yearTs roll with a 1969 and 1970 value. His office had to bring up the values on the commercial properties. Most of them will be increased this year. They have tried to make the level of assessment the same as that used by the assessor in 1975. This did not bring property to what is termed full market value. They have reached the conclusion that the property was put on the roll at about 87% of market value. Mr. Brown also reported on the open space contract lands. According to the original concept they would be taken back to the 1975 year. Legislation precluded- this and said to disregard the base year under Proposition 13 and a value for tax purposes will be made :each year. They did not receive significant reductions if any over the last year. Mr. Brown stated that with the increase in the unsecured roll of over 16% the overall increase to the roll was 13027% for both rolls. The figure for the utility roll is a 5% increase. APPEARANCE: PASTOR TED DAVIS NEW LIFE CHURCH THERMALITO Pastor Davis asked the Board's permission to use plastic pipe in place of cast iron pipe for their new building. This is not used Page 75. August 28, 1979 ~/. 79- 3 142 9 1430 1431 August 28, 1979 in commercial businesses. These would only be used for drain pipes. The drainage will be much less than the average home as they do not have a kitchen or facilities like those in a home. The Building Department advised him that he would .have to get permission from the Board for use of this pipe. Clay Castleberry, public works director, stated that there is a Building Code Appeals Committee that reviews things like this. The reason the Board took the action regarding the fire station was because the Board was involved. He felt it was appropriate for the matter to be referred to the Committee. Dan Blackstock, county counsel, advised that they must proceed to the Committee under the County Code. Mr. Castleberry stated that he would be happy to set up a meeting as early as possible. SUPPORT ACTIONS OF CITY OF CHICO RE: AIR SERVICE IN BUTTE COUNTY ~e Even, representing Paradise Chamber of Commerce, presented a letter to the Board. The Chamber of Commerce is asking that the Board take some action with regardr.to air service in Butte County. They are concerned with the fact that Air Pacific has stated they will discontinue service on September 15, 1979. The. reasons for pulling out is that there is not ample business to justify the stop. The Chamber has been informed that they are not performing their business. The Civil Aeronautics Board has advised the Chamber of Commerce that the City of Chico or the Board must file a petition regarding the value of service. They are requesting that there be a request to the CAB that Hughes Air West return to Chico. Pressure should be brought to rectify the condition, United Airlines is naw flying into Visalia and has not been permitted to discontinue service to that community. Mike Pyeatt, assistant administrative officer, stated that the City of Chico has already filed a petition with the CAB to institute a procedure for them to make a recommendation of what is essential transporation needs of Butte County. There are a number of communities experiencing the same problems There will be a hearing on October 21, 1979 for the CAB to take action. The issue regarding the Hughes Air West pull out is a dead issue. The City Attorney has been given authority to file a petition of intervention should it be necessary on the pull out of Air Pacific. John Doughtery just received a letter from Air Pacific moving back the pull out to October 1, 19790 This is the third letter he has received. The Airport Commission will be meeting with representatives of Air Pacific and Hughes Air West tonight at 7:30 p.m. in the Airport Conference Room. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, a representative will be sent to the meeting in support of maintaavsg air services in Butte County and the Board supports the actions of the City of Chico and will join in any issues that arise. APPEARANCE: JULIE PANATTONI, BCEA Ms. Panattoni presented an amended salary proposal package to the Board. She requested that the Board instruct their chief negotiator to immediately negotiate with BCEA on this packaged APPEARANCE: CHET RAMSEY Mr. Ramsey stated that he had read an article in the S. F. Examiner regarding the fact~that there was a CED member on the Board. He wondered if this was true. Page 76. August 28, 1979. ~/ 79- 1432 August 28, _1979 Supervisor Dolan stated that she was a member. She has worked very hard for the people of Butte County. She is concerned with the local issues. ' AISCUSSION: SCHOOL C1t03STATG_GUARD AND REQUIREMENTS OF.AB8 Gene Even, Paradise Unified School District, stated that the funding of school crossing guard attendents are part of AB 8. The, District is demanding that something be done as there has been accidents in front-of the school. He asked that either the Board at this Cime accept the responsibility for the crossing guards or indicate they will not be able to and then the school district will do so until the decision is made. They will have to have crossing guards when school begins. Aan Blackstock, county counsel, stated that up until last year the school district [bas not allowed to hire crossing guards. There were code sections added .which authorized the school to pay for crossing guards. The second section authorized the county to allow reimbursements to come out of fine money or any other funds they wanted to, Under AB 8, it makes it mandatory that the school district can be reimbursed under Section 42201 which is fine money or shall be reimbursed from filnds including but not limited to fine money. There is a passibility of working with CETA. Jim Rackerby, personnel director, stated that the school districts can use CETA Title IIB positions. Mro Blackstock stated that the first part of the Bill deals with when a county fails or refuses to adopt standards. To his knowledge there have been no standards adopted. The school district has the authority to hire a crossing guard and the Board has the authority to give assistance under the fine money. The new section is mandatory. The district can obviously work with CETA. C1if Mickelson, administrative officer, stated that the district could supply the crossing guards. The question now is where the funding would come from with the AB 8 funding. Mr. Even stated that he did not believe that CETA crossing guards should~be placed in the crossings without proper instruction. He will rely on the Sheriff's Office for training. No action taken. 1433 14341 PUBLIC HEARING DATE SET A public hearing date of September 18, 1979 at 10:45 a.m. was set for consideration of Law Offices of Darrell W. Stevens, on behalf of North Valley Enterprises Corporation, protesting condition on tentative parcel map, AP 31-212-24, four lots, southeast corner of 7th Street and Plumes Avenue, Thermalito. CHANGE TTME OF CONTINUED HEARING ON BUTTE COUNTY PLANNING COMMISSION - DRAFT ETR_AND GENERAL PLAN LAND USE ELEMENT The continued hearing on the Butte County Planning Commission draft EIR and General Plan Land Use Element set for continued hearing on September 18, 1979 at 11:00 a.m. in minute order 79-1422 was changed to September 18, 1979 at 10:30 a.m. E%ECUTIVE SESSION: The Board recessed at 11:37 a.m, to hold an executive session regarding meet and confer. RECONVENE: The Board reconvened at 12:22 p.m, following an executive session regarding meet and confer. The Board instructed the chief negotiator to ogen negotiations with BCEA on salary negotiations. Page 77. August 28, 1979 ~~ J August 28, 1979 - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ - --.. T 79'1435 CONTINUED PUBLIC HEARING: 1979-80 BUDGET AND REVENUE SHARING HEARING '~ The public hearing on the 1979-80 budget and revenue .sharing hearing was held as continued, Hearing open to the public. Appearing: Dick Bjork. Mr. Bjork stated that he had some questions regarding the Public Defender's contract. He wanted to know whether the contract was a joint contract or an individual ontract. Mr. Bjork spoke regarding the cancellation clause of the contract. The clause states that the cancellation of the contract shall be at the discretion of the Superior Court Judges. The Government Code Section 31000 says that the Board of Supervisors may employ any person. Chairman Lemke stated that he was assuming that the budgetary power of the Board would determine whether any contract is funded and continues. The Board is not going to make any replies regarding legal questions. Mr. Bjork stated that he had talked with Senator Nederly regarding the legislation regarding public defenders. It was suggested that the Board obtain a legislative counsel's opinion on the matter. Dan Blackstock, county counsel, stated that the contract was legal. They have gone through litigation on the issues raised. If the Board does not like the contract and do not want the contract, then they should not budget for it. If Mr. Bjork feels that the contract is illegal he can take Iegal action. Chairman Lemke advised Mr. Bjork that the Board was satisfied with the contract they have for public defender services. RECESS: I2 :35 p.m. RECONVENE: 2:13 p.m. Chairman Lemke stated that the Gold Nuggett Musuem in the amount of $10,000 on the revenue sharing list is listed as an unknown., This is a rebudget of the public works improvements for the museum. It was originally budgeted under the district allocation program. It should be changed on the list from unknown to public works improvements. 1436 CONTINUED PUBLIC HEARING: INTENTION TO RENAME ROADS IN THE GRIDLEY- DURHAM AADRESS AREA The public hearing on the intention to rename roads in the Gridley-Durham address area was held as continued. Hearing open to the public. 3. Biggs-Rio Bonito Road from Hwy 99 to Dos Rios Road. 4. Biggs-Rio Bonito Road from Biggs City Limits to Hwy 99. Mrs. Edith Williams stated that people do not want the name changed to E Street. To be changed to East Biggs-Rio Bonito and West Biggs-Rio Bonito Roads. Clay Castleberry, public works director, stated that they had agreed to make Hamilton Road east and west. Mrs. Williams submitted a petition with 57 :..names. Page 78. August 28, 1979 ~J r 79- '8 August 28, 1979 17. Dusty Lane from the end to Cummings Road. Change to Marshall Lane. this road. Mrso Holman stated that they had not..receved.:any.response on 31. Larkin Road from Biggs-Rio Bonito Road to Hwy 162. Change to Dos Rios Road. Edith Williams submitted a petition asking that the road remain Larkin Road. Road to remain Larkin Road. 39. Oroville-Chico Highway from Midway to Durham-Oroville Hwy. Change to Stagecoach Rondo To remain Oroville-Chico Road. 57. West Biggs_Gridley Road from Gridley-Colusa Hwy. to Tehama 3t. Change to Utah Street. To remain West Biggs-Gridley Road. Mrs. Jan Holman stated that Dayton Durham Hwy. from Dayton Road to Midway and Durham-Oroville Hwy. from Midway to Hwy 99 should be changed to Durham-Dayton Hwy. The reason for this change is that the zero base is Hwy 99 instead of the river. Durham-Nelson Road should be changed to Durnel Road instead of Durnel Drive. Goodspeed-Watt should be Aguas Frias Road> Pratt Grant Avenue Avenue should be Grain Land Road. This would eliminate Boyles Road. Turner Lane was changed to Morgue Lane. This should be changed back to Turner Laneo Yocum should be changed to Yokum in Dayton. Hearing closed to the public and confined to the Board. The hearing was continued to September 11, 1979 for Public Works to bring a resolution to the Board for consideration, CERTIFICATES OF APPRECIATION PRESENTED - JAN HOLMAN AND JULiE HENDERSON Supervisor Dolan presented certificates of appreciation to Jan Holman and Julie Henderson for the work on the street name changes. 1437 ADDITIONAL MATTER PRESENTED BY PUBLIC WORKS Clay Castleberry, public works director, stated that with the new"K" housing, he was able to approve the request for plastic pipe by Pastor Ted Davis, New Life Curch, Thermalito. 1438 CONTINUED PUBLIC HEARING - 1979-80 BUDGET AND REVENUE SHARING HEARING The public hearing on the 1979-80 budget and revenue sharing hearing was held as continued. 1439 Jim Johansen, auditor, stated that the budget process begins about the time the last budget ends. This year there was a decision package prepared for the Board's.,use to set out the duties of different departments. Page 79. August 28, 1979 ~/ f August 28, 1979 79- Will Manley, district attorney, stated that he would like to $ discuss the agreement to extend the Consumer Protection Unit until April 30, 1980 that was discussed earlier by the Board. The matter was tabled and he requested that the Board reconsider the agreement. Supervisor Winston stated that the agenda item was dismissed and now the Board is in hearings on the budget. Chairman Lemke advised that the item was discussed and action was postponed until budget hearings. He wondered if Hr. Hartley would be able to discuss the matter on Thursday afternoon. Mr. Mattley stated that this was not a budget item. It is a request for the county to received $2fl,000 in funds. Chairman Lemke set August 30, 1979 at 1:00 p.m. for department heads to present their budgets to the Board. Mr. Johansen stated that the decision packages indicate the purposes of the various functions and the costs versus the benefit of the different department. He hoped this would serve as an evaluation of the departmental requests. He hoped it would serve as a reference for future evaluation and the beginning of a zero base budget concepto The proposed budget was adopted in June, 1979° At that time there were a significant number of unknowns. Mr. Johansen presented a summary of the fund status as estimated with the understanding that they are still in a situation of not knowing the county share of the 1979-80 property taxes. They are hoping to have the calculations required by AB 8 ready in another two weekse The summary does not include the state buy back. The state has assumed Medi Cal and SST in the $3 million amount, The bail-out the county was eligible for last year was cut to Zero. Subsequently additianal information was made available for a portion of the $335,000 in bail-out funds which was accrued as fund balances available. He was informed yesterday that the figure has been audited downwards. C1if`Mickelson, administrative officer, stated that they have put together a new total for the budget. They estimated the available finances. They were sure there would not be that much property tax money .available. The increase in the assessment roll will help somewhato This was put together before AB 8 was passed. Hr. Johansen stated that the available financing from the proposed budget is $48 million. There were technical adjustments because of property taxes that include homeowners and inventory exemptions that must be deleted, To fund the budget excluding property taxes the Board will need $48,214,000a Since the adoption of the budget there was an additional fund balance of $727,000 which was more than anticipated. They were 14% under the estimate. This makes up part of the $1.6 million short in the proposed budget. Tn addition to that, there is a reduction of expenditures because of SSI and Medical. This effect on the budget is $1 million. Subsequently, he had more available information on the sales tax and the revenue estimate was revised upward in the amount of $1,800,000. The net result of the adjustments is there is $49,870,000 available except for property tax revenue, He added an estimate of property tax in the amount of $6,253,000. This makes the sum total of available revenue $56,123,000, The total budget requirements are $56,132,000, As it stands, if the assumptions are correct, there is enough funding available to fund the budget as it stands. Page 80. August 28, 1979 ~/ 79- August 28, 1979 _ ~ _ T ~ ~ ~ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ ~ _ _ _ _ _ _ _ - _ _ _ ~ _ ~ _ Supervisor Winston stated that the budget does not have any anticipated salary increases and no allowance for losses of revenue with the City of Chico. Chairman Lemke asked if the figures regarding the CETA transition available? figures. Mr. Nickelson advised that Mr. Rackerby was working on those Mr. Johansen stated that $600,000 was a rough estimate of what the county would need if Paradise is incorporated. It could go from $600,000 to over $1 million. A good estimate would be maybe $750,000. The law provides that whenever there is an incorporation the county and other agencies must continue to provide services that they are now providing. Many of the state revenue sources will accrue to the benefit of that city and to the detriment of the county. The county would be required to provide services until July 1, 1980. Mr. Nickelson stated that the budget adjustment presented to the Board was a net increase. Some are policy related. The following budget adjustments were made with the Board to consider them at the time of going through the individual budgets: Board of Sune nrisors budget, Paee 2. Account 33. Reduce $1,468 as CSAC dues are $9,116 instead of. $10,584. Account 33. Increase $7,500 for membership to Regional Council of Rural Counties. Account 36. Tncrease $3,000 to show Grand 3ury Audit increase from $15,000 to $18,000. Account 36. Tncrease $24,000 for Northern California Medical Care Council. Account 36. Increase $42,000 for tourism bureau Administration..bnd~et, Page 6. Account 38. Increase $45 for rent of 1880 Bird Street that was increased from $235 to $250 per month for three months. Public Works General Services bud et a e 50. Account 11. Increase $5,007 Account 12. Increase $15,155 Account 18. Increase $586 Account 39. Increase $16,200 Account 41. Increase $3,548 The above increases total $40,496 for litter program, Increase budget $16,500 to fund engineering for North Chico Sewer. ($8,250 revenue and $8,250 county participation.) General Insurance Clearing budget, Page 64. Adjust distributions to funds as follows: Page 81. August 28, 1979 l 79- 3 August 28, 1979 General. Increase $52,944 Welfare.:"Reduce $7,108 Road. Reduce $20,557 Fire Protection. Reduce $12,483 Library. Reduce $1,612 Building & Subdivision. Reduce $9,300 Data Processing. Increase $381 Air Pollution. Reduce $2,265 District Attorne & Public Administrator bud et Pa a 98. Account 36. Increase $10,000 for alcohol testing by State Department of Justice. District Attorney - Family Support budget, Page 102. Account. ll. Reduce $3,456 Account 12. Znrease X3,456 for extra help attorney Account 73. Reduce $2,650 related to work performed by Welfare District Attorney Consumer Protection budgets Pa~g.104. Add additional $20,654 grant funding. Public Defender budget, Page 108, Account 36. Increase $15,000 because of new conflict of interest contract. Water Services budget, Page 154. Account 24, Increase $1,546 due to notice received from the state of increase to $19,834 so that revenue will increase. Agriculture Service Poison Sales_budQet _Pa~e 170. Account 24. Increase $6,000 as a result of grasshopper poison sales. Planning Commission budget, Page 176. Account 11 ,. Increase $9,080 to correct computation of accounts. Account 18. Increase $4,086 to correct computation of accounts. Account 41, Tncrease $970 to rebudget CSUC recreation element work previously approved. Animal Control budget, Page 180. Account 36o Tncrease $52,250 to reflect return of 95% of license fees to the contractor. Fish and Game Commission budget, page 186. Account 43o Increase $500 for surveillance flying in problem areas by wardens. Public Works Road Construction bud et Pa a 200, Recognize additional $447,786 in SB 325 funds. Page 82a August 28, 1979 79- 5 August 28, 1979 Account 48. Increase $44,000 (Foothill & Olive Highway Signals rebudget). Account 48. Increase $100,000 (Table Mountain Bridge) to increase appropriation. Shift funding from in-lieu to SB 325 for following projects: Clark Road $208,800 Signal - Skyway @ Wagstaff 23,800 Signal - Clark @ Wagstaff 53,800 Remainder of $17,386 to be later determined, Public Health Count Medical Services bud et Pa a 229. Account 36. Reduce $20,000 to correct erroro Mental Health General Services budget, Page 238. Account 32. Tncrease $1,000 Account 35. Increase $2,400 Account 36. Increase $2,031 Account 38. Reduce $300 Account 63, Increase $250 Account 74. Increase $11,870 Detoxification budget, Page 242. Account 25. Reduce $1,000 Account 26. Reduce $1,000 Account 32. Reduce $10 Account 36. Reduce $11,409 Account 71. Reduce $6,113 Account 73. Increase $360 Account 74, Reduce $11,870 Contribution to Medi-Cal budget, Page_244. Account 52. Reduce by $2,175,000 to reflect AB 8 proyisionso Parental Stress Program budget, Page 2480 Account 36. Increase by $5,000 to reflect program extension a2Proved August 28, 1979> (Federal, $4,500; State, $250; and local, $250). Welfare Administration budget, page 2500 Account 11. Reduce $125,151 Account 14. Increase $1,000 Account 18. Reduce $71,453 Account 73. Increase $2,650 Welfare Aids budget, Page 256. Account 50, Reduce $1,100,000 (SSI/SSP) Account 50, Increase $748,800 (AFDC) Account 50. Increase $100,140 (BHI) All above are the result of AB 8. Welfare General Relief budget, Page 257. Account 36. Reduce by $250 to fund local share of extended Parental Stress Program approved August 28, 1979. Page 83o August 28, 1979 i 79- a 1440 1441 I August 28, 1979 The hearing was continued to August 30, 1979 at 1:00 p.m. COMMUNICATIONS North Burbank Public Utility District. The district writes advising that Wilbert E. Morse was appointed on August 15, 1979 to fill the vacancy on the Board of Directors. Tnformation; no action taken. Lawrence J. Lawson, San Clemente. Mr. Lawson writes requesting a refund in the amount of $4,500 for a drainage deposit on AP 52-032-06 and 09. Referred to Counsel. Law Offices of Darrell W. Stevens, Oroville. The attorneys, on behalf of North Valley Enterprises Corporation, write protesting a condition of a parcel map, AP 31-212-24, four lots, southeast corner of 7th Street and Plumas Avenue, Thermalito. Handled earlier in the meeting. Paradise Unified School District. The district writes forwarding information concerning Section 45452 of Assembly Bill 8 concerning crossing guards at pedestrian crossings. Handled earlier in the meeting. McCain Associates, Chico. The engineers write forwarding information to clarify the situation that has arisen regarding the Durham Cemetery. See motion following communications. Margaret Hays, Carmel. The Hays family writes concerning Resolution 79-164 and forwards information with regard to the cemetery and requests that the Board's pending action be dropped. See motion following communications. Department of Hous~.ng and Urban Development, The department sends notifi- cation and interpretation regarding HCD budget transfers for the 1978-79 Community Development Block Grant. Information; no action taken. Ernest F. Combs, Long Beach. Mro Combs writes in support of the Robert C. Vietti rezone proposal and indicates he would like to have his property includedo Hearing held earlier in the meeting. Jack Lambertson, Butte County Housing Authority. Mr. Lambertson submits his resignation as a tenant commissioner of the Butte County Housing Authority Board. See motion following communications. Rick Scholk, Chico. Mr. Scholk appeals condition 10 on tentative parcel map, AP 46-173-02, two parcels, south side of 20th Street at intersection with Mulberry Street, Chico Area. Set for hearing September 18, 1979 at 11:15 a.m. Jim Kennamer, Oroville. Mr. Kennamer submits his resignation as a member of the Personnel Appeals Board and would be willing to serve_ as an alternate. A management representative is needed, Administrative Office to handle recommendation for appointment. RESCIND RESOLUTION 79-164 RE: SETTING OE PUBLIC HEARING GIVING NOTICE OF INTENTION TO ABANDON THE DURHAM CEMETERY AND DEDICATE IT AS A PIONEER MEMORIAL PARK It was moved by Supervisor Winston seconded by Supervisor Wheeler that Resolution 79-164 setting a public hearing date and giving notice of intention to abandon the Durham Cemetery and dedicating it as a Pioneer Memorial Park be rescinded. Page 84. ~ '. August 28, 1979 I August 28, 1979 - - - - - - - - - - - - - - - - - - - _ _ _ _ _ - W - _ _ _ _ _ _ _ _ 79- Supervisor Dolan stated that the purpose of setting the hearing ~' was to determine if there was maintenance and protection of the cemetery. She did not feel that the county was questioning ownership. Del Siemsen, deputy county counsel, advised that if the Board has set a hearing they should go ahead and hold the hearing and then they- could drop the matter if it was their intention to do sod The letters from McCain Associates and Margaret Hays were referred to Counsel for a written opinion back to the Board on September 11, 1979, Supervisor Winston stated that the county has about as much right of abandoning the cemetery in Durham as abandoning the one in Chico. It is recognized by the stated How can the Board pass a resolution of intention to abandon something they do not own: Supervisor Dolan stated that all the Board has agreed to do is to hold a hearing. Senator Johnson has advised that it has been recognized as a Pioneer burial site. ' Vote on motion: AYES: Supervisors Moseley, Winston and Chairman Lemke NOES: Supervisors Dolan and Wheeler Motion carried. 1442 ACCEPT RESIGNATION OF JACK LAMBERTSON AND AUTHORIZE LETTER OF THANKS TO BE SENT On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the resignation of Jack Lambertson as a tenant commissioner of~ha Butte County Housing Authority Board was accepted and the appropriate expression of thanks for his years of service was authorized. 14431 ADDITIONAL ITEM PRESENTED BY CHAIRMAN LEMKE Chairman Lemke stated that the Board had received a letter from Casa De Flores Mobile Home Park regarding the emergency gate on White Avenue. Supervisor Wheeler stated that County Counsel will be in touch with their attorney advising them to put a lock on the gate. She hoped they could address this problem within the citizen committee. They will be coming back with a formal presentation on September 11, 1979 at 2:00 pom. 1444 REPORT BY` PERSONNEL RE: CETA TRANSITIONING Jim Rackerby, personnel director, stated that as of August 22, 1979 the total sum of CETA participants in the E5E Title II positions was 36, They have placed six of those in permanent positions or have committments for placements. With the thirty positions filled under the old PSE would be a nine month cost starting October 1, 1979 of $338,700. He is updating the list so that the Board will have a pretty good figure to consider. RECESS: The Board recessed at 3:17 p.m. to reconvene on Thursday, August 30, 1979 at 1:00 p.m. Page 85. August 28, 1979 i i J