HomeMy WebLinkAboutM092678September 26, 1978
RECONVENED: The Board reconvened at 9:00 a,m. pursuant to recess.
Present: Supervisors Lemke, Madigan, Moseley, Richter and
Chairman Winston. Clif Nickelson, administrative officer;
Dan Blackstock, county counsel; and Clark A. Nelson, county
clerk, by Cathy Pitts, assistant clerk to the Board,
Pledge of. Allegiance to the Flag of the United States of America.
Invocation by Supervisor Moseley
78-1837 APPROVAL OF MINUTES
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the minutes of September 19 and 20, 1978 were
approved as mailede
', 78-1838 APPROVE REVISED CETA TITLE I PLAN FOR FY 79
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, the revised CETA title I plan for FY 79 to transfer
the Public Service Employment (PSE) law enforcement positions to CETA title
II; to establish full funding for the private sector jobs (O.TT); and to
establish a Work Experience Program for disadvantaged young adults was
approved.
78-1839 AUTHORIZE CETA PROGRAMS TO CONTINUE BEYOND SEPTEMBER 29, 1978 ON THE
BASIS OF THE CONTINUING RESOLUTION WITH THE PERSONNEL DIRECTOR AUTHORIZED
TO GET CONFIRMATION OF THE EXTENSION OF THE PROGRAM
Jim Rackerby, personnel director, gave an updated report to
the Board regarding CETA funding, His office has been in contact with
Congressman Johnson's office and NACo. .The House on Friday did pass the
bill and now it is in the conference committee. The indications are that
it will be a couple of weeks. The House has passed the extension or the
continuing resolution to go past the end of the month. It is going to
the Senate today and going to the President at the end of the week.
This will permit the current level to continue from October 1, 1978 to
March 1, 1979. It will be operating under the old rules, during which
time they hope to have a compromise bill passed -that would require passage
of different regulations,
Supervisor Lemke felt that this delay perpetrated by Congress
is one of the most shocking abuses of human rights where every CETA employee
for the past two weeks did not know whether they were going to have a
jobo The Congress should be critized for their action.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the CETA programs were authorized to continue
beyond the September 29, 1978 deadline on the basis of the continuing
resolution with the Personnel Director authorized to get confirmation of
the extension of the program.
',' 78-1840 DECLARE RADIO SURPLUS_AND AUTHORIZE SALE TO CITY OF GRIDLEY
On motion of Supervisor Moseley, seconded by Supervisor. Madigan
and unanimously carried, the surplus tube type radio base station that
has been used by the County Fixe Department was declared surplus and
authorized to be sold to the City of Gridley for $l,
78-1841 APPROVE FILING OF REPORT AND SETTING PUBLIC HEARING DATE TO ESTABLISH
RATES FOR COUNTY SERVICE AREA ~~21 (OAKRIBGE SEWER)
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, the filing of the report on County Service Area ~~21
(Oakridge Sewer) was approved and a public hearing date of October 24, 1978
at 10:00 a.m. was set for consideration of establishing rates.
Page 313.
September 26, 1978
September 26, 1978
78-1$42 APPROVE CONTRACT CHANGE ORDER ~~2 - RESIDENTIAL TREATMENT CENTER J
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, contract change order ~~2 for the Residential
Treatment Center involving 16 items at an estimated cost of $1,887 to
be funded with Short-Doyle allocations was approved and the Chairman
authorized to sign.
78-1843 APPROVE REVISED FEE SCHEDULE - CORONER CASES
Clif Mickelson, administrative officer, stated that the report
sent tio~.: the Board was incorrect. The pouches and refrigeration should
be deleted.
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, the revised fee schedule for removal of Coroner
cases was approved with the deletion of the pouches and refrigeration.
78-1844 PUBLIC HEARING DATE SET
A public hearing date of October 17, 1978 at 10:15 a.mo was
set to receive input concerning the 1978/79 Housing Assistance Plan to
'; be submitted to Housing and Urban Development (HUD),
78-1845 AUTHORIZE USE OF BUTTE COUNTY'S DRAFT HOUSING ELEMENT UPDATE BY
STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AS ONE OF FIVE MODELS
STATEWIDE
On motion of~Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the use of Butte County's draft Housing Element
Update by the State Department of Housing and Community Development as one
of five models statewide was authorized.
78-1846 APPROVE SUBMISSION OF EOC 1979 PROGRAM GRANT: APPROVE REVISED SCHEDULE
FOR PERIOD JANUARY 1979 THROUGH AECEMSER 31, 1979
Razia Khan, EOC director, stated that the nonfederal funds were
in-kind. The county has never given any cash monies to EOC.
On motion of Supervisor Moseley, seconded.by Supervisor Richter
and unanimously carried, the submission of the 1979 program grant was
approved; the revised schedule was approved for the period January 1979
through December 31, 1979 with the grant funding of $184,000 in federal
funds and $78,856 in non federal funds and the Chairman authorized to
sign.
78-1847 APPROVE DEPARTMENT OF AGING CONTRACT FOR TITLE III FUNDS
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the contract with the Department of Aging for
title III funds in the amount of $Sb,909 operated by the Butte County
Rural Senior Service Project for the period October 1, 1978 through
September 30, 1979 was approved and the Chairman authorized to sign.
78-1848 APPROVE ACKNOWLEDGMENT OF DATE OF COMMENCEMENT OF TERM OF LEASE FOR
MENTAL HEALTH FACILITIES
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, the acknowledgment of September 15, 1978 of
commencement of term of lease for the Mental Health facility on Rio Lindo
Avenue, Chico was approved and the Chairman authorized to sign.
78-1849 AGREEMENT FOR PREPARED MEALS FOR THE ACUTE CARE UNIT AT MENTAL HEALTH
FACILITY IN CHICO WITH CHICO COMMUNITY HOSPITAL CONTINUED TO OCTOBER 3, 197_8
Supervisor Richter questioned the amount of cost per meal in
the contract. It is difficult to believe that in an institution with
mass production of food that it would take almost $10 per day to feed
people. He asked that the cost be looked into.
Page 314.
September 26, 1978
,-
September 26, 1978
The proposed agreement with Chico Community Hospital for preparation
of meals for the acute care unit at Mental Helath facility in Chico was
continued to October 3, 1978 for report by Administrative Officer regarding
cost of meals.
78-1850 APPROVE CONTRACT FOR NURSING SERVICES WITH BUTTE COUNTY SUPERINTENDENT
OF SCHOOLS FOR THE PERIOD JULY I, 1978 THROUGH JUNE 30, 1979.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the contract for nursing services with the Butte
County Superintendent of Schools for-the period July 1, 1978 through
.June 30, 1979 in the amount of $15,000 was approved and the Chairman
authorized to sign.
78-1851 APPROVE PARADISE SEPTAGE STUDY 208 GRANT REPORT CONTRACT WITH JAMES M.
MONTGOMERY CONSULTING ENGINEERS INC. WALNUT CREEK
Lynn Vanhart, director of environmental health, set out the
background of the proposed contract. His department submitted a request
for proposals to engineering firms. They received ten responses. This
was narrowed doamto four. The four companies were interviewed.
Before the county can subcontract they must meet all the title 40 and
EPA regulations. This has to be approved by the State Board,
Supervisor Richter stated that there was a watershed study
done in 1974 above this area. He did not see any plant to design.
This contract is to make an analysis of the existing situation.
Supervisor Lemke stated that at a meeting held with the State
Water Quality Control Board they were looking at funding in 1982-83 of
some $19 million. First the county has to prove what is a problem before
the funding can be moved up the list.
Mr. Vanhart introduced Bob Ellis and Gwendolyn Buchholz from
James M, Montgomery Consulting Enginers, Inc. of Walnut Creek,
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the Paradise septage study 208 grant report
contract with James M. Montgomery Consulting Engineers, Inc., of Walnut
Creek was approved subject to approval by Counsel, the Auditor and the
State Water Resources Cehtral Board and authorized the Chairman to sign.
78-1852 ADOPT RESOLUTION 78-160 GIVING NOTICE OF INTENTION TO SELL TAX
DEEDED PROPERTY, AP 47-24-07
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, Resolution 78-160 giving notice of intention to
sell tax deeded property, AP 47-24-07, minimum price $550 was adopted and
the Chairman authorized to sign.
78-1853 ADOPT RESOLUTION 78-161 GIVING NOTICE OF INTENTION TO SELL TAX
DEEDED PROPERTY, AP 40-28-113, AP 41-28-128, AP 62-20-02, AP 62-50-113,
114 and 115, AP 71-27-02
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, Resolution 78-16I giving notice of intention to
sell tax deeded property, AP 40-28-113, minimum bid $1,000; AP 41-28-128,
minimum bid $979; AP 62-20-02, minimum bid $5,000; AP 62-50-113, 114 and
115 minimum bid $4,187; and AP 71-27-02, minimum bid $2,219 was adopted
and the Chairman authorized to sign.
Page 315.
September 26, 1978
September 26, 1978
78-1854 APPROVE AGREEMENT WITH CITY OF CHICO FOR PURCHASE OF TAX DEEDED
PROPERTY, AP 05-24-1-05 AT MI PRICE OF $2,957
On motion .of Supervisor Madigan, seconded by Supervisor Richter
and unanimously carried, the agreement with the City of Chico for purchase
'. of tax deeded property, AP 05-24-1-05 at a minimum price of $2,957 was
approved and the Chairman authorized to sign.
78-1855 APPROVE AMENDMENT ~k2 TO GRIDLEyTRANSPORTATION SERVICES AGREEMENT
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the amendment ~k2 to the Gridley Transportation
Services Agreement in the amount of $300 per year for Butte's share of
printing, publicity and administration by Gridley was approved and the
Chairman authorized to sign.
78-1856 REJECT SIDS - HUMBOLDT ROAD BRIDGE AT COLEY CREEIZ, PROJECT N0.
91422-76-1
', Hal McDonald, Pu'61ic Works Department, set out the bid opening
on the Humboldt Road Bridge at Golby Creek, Project No. 91422-76-I.
The estimate on the project for contract items was $48,D00. The county
received three bids with the low bid being $73,144 from Mitry Company
in Anderson, For this time of the year, possibly the bids were in order.
He felt that the county should maybe try to get bids in the spring.
The bids are too high and can be.`~done cheaper on day labor. The county
can do the work for $58,0000 The Board could authorize Public Works to
do the project at this time or wait and see and readvertise in the
', spring.
', On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the bids for the Humboldt Road Bridge at Colby
Creek, Project No. 91422-76-1 were rejectedo
Public Works to consider the matter of going out to bid in
the spring.
78-1857 INCREASE SIZYWAY PROJECT BY $25,910: DECREASE BULL HILL BRIDGE PROJECT
BY 8 647 WITH BUDGETARY ADJUSTMENTS TO BE MARE TO ACCOMPLISH.
Hal McDonald, Public Works Department, stated that they
apparently made an error on the Skyway funding. On September 19, 1978
the Board approved an appropriation increase for Skyway for $145,000.
', He asked that the Board approve another $25,910 for the Skyway project.
', The total for the low bid is $538,405. He asked that the Board decrease
the Bull Hill Bridge project by $8,647 for a total of $188,353.
', They do not have the 5% contingency, It would be in the general road
reserve contingency fund. They need an increase of $17,263. This will
', give a total of $3,374,014 for the road 'budgets
', Public Works Department was instructed that any budgetary
adjustments that are made are to be cleared through the Administrative
Office.
Mr. McDonald stated that Public Works could work with the
Auditor and maybe some of the uncommitted reserve for contingencies could
be used.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the Skyway Project was authorized to be increased
by $25,910; the Bu11 Hill Bridge Project was authorized to be decreased
by $8,647 with budgetary adjustments to be made to accomplish this,
78-1858 PUBLIG HEARING DATES SET
The following public hearing dates were set:
Page 3160
September 26, 1978
September 26, 1978
1. A public hearing date of October 17, 1978 at 10:30 a.m. was
set for consideration of extension of interim M-1 (light industrial)
property located west of Cohasset Road, south of Sycamore Creek, north of
Frontier Circle and east of the drainage easement, Chico.
2. A public hearing date of October 17, 1978 at 10:30 a.m.
was set for consideration of extension of interim C-2 (general conxnercial)
that portion of property not within the city limits of Chico located on
both sides of Mangrove Avenue, between East 1st Avenue and East 5th
Avenue, Chico.
3. A public hearing date of October 31, 1978 at 10:00 a.m.
was set for consideration of Butte County Board of Supervisors' proposed
amendment to the Butte County Code, Chapter 24 amending the following
zoning districts to allow mobile homes: A-R (agricultural residential),
AR-5 (agricultural residential1, A-SR (agricultural-suburban residential),
kI-C (highway commercial), R-1 (single family residential}, R-1 A&C (minimum
density residential, arts and crafts), R-2 (duplex residential), R-3
(minimum density residential), R-4 (maximum density residential, restricted
service), S-R (suburban residential), SR-1/2 (suburban residential),
SR-1 (suburban residential), R-N (residential-nonconforming).
4. A public hearing date of October 17, 1978 at 10:45 a.m.
was set for consideration of 'Vern McMath proposed negative declaration
and rezone from "TM-20" (timber mountainous) to "TM-10", property located
approximately 1/4 - 1/2 miles north of the intersection of Doe Mill Road
and Schott Road on the west side of Doe Mill, identified as AP 63-04-61
and 62, containing 74.34 acres, more or less, Forest Ranch.
5. A public hearing date of October 31, 1978 at 10:30 a.m.
was set for consideration of Stoneson Development Corporation proposed
environmental impact report and rezone from "A-2 limited" (limited general)
and "PA-C" (planned area-cluster) for a 120 unit residential development
property located approximately 400 feet west of Clark Road at Nunneley
Road, identified as AP 53-12-46 (portion) and 54-04-82 (portion), containing
25 acres, more or less,, Paradise.
6. A public hearing date of October 24, 1978 at 10:15 a.m.
was set for consideration of Wynoka Homes & Lee Colby proposed negative
declaration and request for amendment to the Butte County General Plan
Land Use Element Plan from law density residential, 1-4 dwelling units
per acre to medium density residential., 9-12 dwelling units per acre,
retail commercial, and industrial fro their property located south of
Oroville.
78-1859 REPORT TO BOARD R'E: BUTTE COUNTY PLANNING COMMISSION DENIED NEGATIVE
DECLARATION AND REZONE FROM "A-S" (AGRTCULTURAL, FIVE ACRE PARCELS) TO
"M-1" (LIGHT INDUSTRIAL} PROPERTY LOCATED ON SOUTfiWEST CORNER OF ROBINSON
MILL ROAD AND LA PORTE ROAD, BELONGING TO JAMES W. ARNOLD, IDENTIFIED AS
A PORTION OF AP 28-18-33, CONTAINING 1,55 ACRES, MORE OR LESS, EAST OF
OROVTLLE:
The report to the Board regarding the Butte County Planning
Commission denied negative declaration and rezone from "A-5" (agricultural,
five acre parcels} to "M-1" (light industrial) property located on the
southwest corner of Robinson Mill Road and LaPorte Road, belonging to
James W. Arnold, identified as a portion of AP 2$-18-33, containing 1.55
acres, more ox less, east of Oroville was accepted.
Page 317.
September 26, 1978
September 26, 1978
78-1860 DISCUSSION: ORDINANCE ESTABLISHING ENVIRONMENTAL HEALTH PERMIT
PROCEDURES AND RESOLUTION ESTABLISHING FEES CONTINUED TO OCTOBER 3 1978
Dan Blackstock, county counsel, stated that the Board should
consider with regard to the second paragraph what kind of action they
want to take. His office has run into problems with the environmental
fees. He asked that the matter be continued one week, He felt that
his office could put the resolution and ordinance together solving the
problems with the cities.
Mr, Nickelson felt that it would be logical to have the cities
pay the same fees as the unincorporated areas of the County. The
reason for the delay of one week would be to get the approval of the
cities.
Mr. Blackstock stated that there would have to be amendments
to the 1949 contracts with the cities.
The matter continued to October 3, 1978.
78-1861 RESCIND ACTION ON MINUTE ORDER 78-1705, SEPTEMBER 5, 1978 MINUTES:
SET UP APPROPRIATION IN ORDER TO MAKE PURCHASE OF VEHICLE: PURCHASE
EMERGENCY VEHICLE FOR BUTTE COUNTY SEARCH AND RESCUE UNIT WITH PAYMENT
GOING TO PARTIES WHO SIGNED THE NOTE AND HOLDERS OF THE NOTE
Dan Blackstock, county counsel, set out the steps the Board
would have to take in order to pay the loan on the emergency vehicle
fox the Butte County Search and Rescue Unit:
1. The county must have an appropriation set up in order for
the county to make purchase of the vehicle.
2. The Board should rescind its action of September 5, 19780
3. The Board should purchase the vehicle with payment going
to parties who signed the note and holders of the note, thereby clearing
the lien.
On motion of Supervisor Richter seconded by Supervisor Moseley
and unanimously carried-, the Board rescinded its action in Minute Order
78-1705, September 5, 1978; an appropriation was set up in order to
make the purchase of the emergency vehicle; and the purchase of the
emergency vehicle with payment going to parties who signed the-note and
holders of the note, thereby clearing the lien was authorized in the
amount of $5,000.
It was felt that hopefully the money can came from the capital
equipment account in revenue sharing.
.: EXSGUTIVE SESSION: The Board recessed at 9:45 a.m. to hold an executive
session regarding litigation.
RECONVENED: The Board reconvened at 10:00 a.m. following an executive
session regarding litigation and discussed a meet and confer
item involving a county department,
78-1862 PUBLIC HEARING: EVER GLO INC. APPEAL OF DENIED ENVIRONMENTAL IMPACT
REPORT AND REDONE FROM "A-2" (GENERAL) ANA "R-1" (SINGLE-FAMILY RESIDENTIAL)
,TO "PA-C" (PLANNED AREA-CLUSTER) TO ALLOW A CONDOMINIUM COMPLEX, PROPERTY
LOCATED AT THE NORTH END OF TOM POLK AVENUE, THE WEST END OF EL VERANO
WAY AND ON THE SOUTH SIDE OF LASSEN AVENUE AT GODMAN AVENUE IDENTIFIED
AS AP 44-09-13 (PORTION), AP 44-21-02 (PORTION) AND AP 44-32-24, CONTAINING
15 ACRES MORE OR LESS CHICO
The public hearing on the Ever Glo Inca appeal of denied envr.ron-
mental impact report and rezone-from."A-2" (general) and "R-1" (single-family
Page 318. September 26, 1978
September 26, 1978
residential} to "PA-C" (planned area-cluster) to allow a condominium
complex, property located at the north end of Tom Polk Avenue, the west
end of El Verano Way and on the south side of Lassen Avenue at Godman
Avenue identified as AP 44-09-13 (portion), AP 44-21-02 (portion) and
AP 44-32-24, containing 15 acres, more or less, Chico was held as
continuedo
Earl Nelson, environmental review director, set out the background
of the environmental impact report. This project involves 131 proposed
townhouse units to be constructed on 14,8 acres in the North Chico area.
He set out the layout of the project. There is single family residential
in the south and east, orchard and freeway to the west and mobile home
park to the north. This would result in a change in the character of the
area from vacant land to 8.84 units per acre. There would be a problem
with noise and dust during construction and on-going noise after due
to the traffic situation. There is concern on the part of the people.
The EIR traffic study indicates that Tom Polk will receive the greater
part of the traffic. E1 Paso is related to this. Tom Polk Avenue
will have an increase in traffic from 300 cars to 1,000 cars, which is
a 700 car increase. E1 Paso Way presently has 3,100 cars. and after
development will have 3,200 cars. Lassen Avenue will show an increase
of 100 cars. A possible change in alignment to get Tom Polk and Lassen
Avenues to a direct thoroughfare is not discussed in the EIR, If the
project is modified the .EIR will have to be modified. The indications
from the Planning bepartment and the recent change to the general plan
allows consideration of the surrounding areas and uses.
Bettye Blair, planning director, set out the background of the
rezone. The general plan designation is 5 to 8 dwelling units per acre.
The area to the north on the pensula is A-2 and the remainder is R-1.
The project is a PA-C development and the plan is a physical part of the
zoning. If the project is approved the plan is binding on the developer.
There were 20 conditions placed on the project by the subdivision review
committeeo The Planning Commission denied the project. .They found it
would be consistent with the general plan. Even though the 8084 units
and the general plan recommends 5 to 8 dwellings per acre it was felt
the area was contiggous to more intense units because of the amendment.
The city general plan is medium density with 7 to 12 units per acreo
If the possible alignment were to be considered it would be necessary
for the project to be referred back to the Planning Commission for
consideration.
Supervisor Richter stated that the amendment to the general
plan provided for viewing of uses surrounding and that it be shown as
medium density and would be to have higher density around. The east
boundary is all single family residential. The section on Tom Polk
is single family residential. There is freeway on the other side.
The only area that is multi-family is the mobile home park. The largest
portion of the development is surrounded by single family residences,
Mrs. Blair stated that the yield is 12 units in the entire
14 plus acres. The R-1 designation in the general plan is 1 to 4 units
per acre. You are looking at a density of 5 to 8 units per acre, There
could be an opposite opinion that the R-1 might not be consistent.
Hearing open to the, public. Appearing:
1. Russ Kroninger, Riegel and Associates. Mre Kroninger stated
that he was representing Ever Glo in this mattero This project started
with a parcel map of three lots to eliminate two existing houses and
came up with 14 acres in August and October 1977. The county was aware
Page 319.
September 26, 1978
September 26, 1978
of what was being doneo This was discussed with Pablc~,Works to come up
with a reasonable economic project to work with, The parcel map was
approved with the Planning Director's report that the density was 5 to
8 units per acre. There has been an environmental impact report on
the project. From E1 Verano to Tom Polk is residential and the rest
of the surrounding area is mobile home parks or apartment housing.
The circumstances of the amendment to the ordinance was the surrounding area
and radiating from.
Supervisor Richter did not feel that it was the Board's intent
to use the amendment to override designated areas.
Mr. Rroninger stated that he asked far the appeal from the
Planning Commission denial because at that time the Planning Commission
meeting spoke of lowering density and re-routing traffic. He asked
for soma time to review the alternate procedures and the Commission voted
to deny the project. After the Planning Commission denial he went to the
Tom Polk Avenue and El Paso Way residents. This project puts less traffic
on Tom Polk Avenue than a thoroughfare would. He asked that Ever Glo
be given an opportunity to revise the plan so that people would not
object to ito He asked that the Board either approve the project as
it stands or give them an opportunity to revise the plan.
2, Patty Peal. Ms. Peal presented a petition signed by
people in the area. They are opposed to any petitions to rezone the
area on the grounds that the R-I is appropriate. Construction of the
unit will affect the .character of the area. She i,s concerned with the
safety of children and higher traffic problems. There is a home-for
mentally retarded children in the area.' She is concerned for their safety.
3. Marlene Bratin. Ms. Bratin stated that she was the
spokesman for E1 Paso Way residents, They are opposed to the extension
of Tom Polk Avenue for the purpose of relieving the traffic on E1 Paso
Way. She is anxious to .find a traffic solution. Channeling some
traffic on Tom Polk will not eliminate the hazard on El Paso.
4. Henry Curtis. Mr. Curtis stated that this is the view
point of one family and not the residents of E1 Paso Way.
5. Arm Bratin. Mr. Bratin stated that he was concerned about
the impact on the local school, Jay Partridge. At the time of the Planning
Commission hearing this was rebutted by the developer. The school district
was trying to redo the boundaries. Those boundaries have been done and
and the development would still fall within the Jay Partridge School area.
It is presently operating at 105% level. This is a condominium townhouse
development. They will probably be bought and owned by owners and it
will not be a single family type of dwellingo He felt that it could
become a rental type of unit. This will decrease the integrity of the
area.
6, Arthur Leman. Mr. Leman asked to present an aerial map
to the Board far their viewing?
RECESS: 10:32 a.m.
RECONVENE: 10:35 a.m.
Mr. Zeman set out the aerial map for the Board. The distance
between Tom Polk and E1 Paso is 64.3 yards. If there is an increase in
the population beyond the minimum of the 5 to $ it would mean increased
number of cars and traffic. The only logical solution would be a two-way
ramp from Tom Polk Avenue. The population north of Lassen will double in
Page 320.
September 26, 1978
September 26, 1978
ten years. W If the development of the area goes beyond the minimum density
it will be difficult on East Avenue.
7/ Sharon Leman. Mrs. Leman stated that the development is
surrounded on three sides by R-1 zoning. The only place it is not is
to the north. There is some descrepency between the Chico and county
general plans. When she looked up the density it said somewhere between
low and eight. She felt that the community had fought for their zoning
at a previous time. The children in the north area are using Tom Polk
to walk to and from school. She was opposed, to the rezone.
8, Gary Richie. Mr. Richie set out the problems the neighborhood
has had with a rental unit in the area. He is concerned with the safety
of the children in the neighborhood.
9. Clyde Harris, Mr, Harris asked where the figures came
from on the traffic count on Tam Polk, He felt that the count had not
been taken properly.
Public Works to check on this matter,
10. Russ Kroninger. Mr. Kroninger stated that Public Works
has files on about three tentative parcel maps with R-1 zoning that is
being refuted by the general public. There is a revised plan on the
wall to lower the density to get into the 5 to 8 units per acre. The
developer tried to use the density in the area and put the higher density
into the north area of the plan. It meets the general plan.
11. Arthur Leman. Mr. Leman stated that the people in the area
fought to have R-1 zoning.
12. Sally Junglin. Ms. Junglin asked which map the Board was
considering.
used.
She was advised that the original map is the one that is being
13. William Everett, Ever Glo~y Mr. Everett asked that the
Board considers sending the rezone back to the Planning Commission for
a revised map. This would be so that they would be able to work with
the neighborhood.
14. Arthur Leman. Mr, Leman felt that the neighborhood had
never worked positively with the developer.
Hearing closed to the public and confined to the Board.
Supervisor Richter stated that the overriding consideration is
the zoning. The general plan shows higher density. However, the people
did zone the property R-1. It was zoned to protect the neighborhood,
It was moved by Supervisor Richter that the appeal be denied,
Motion withdrawn.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried, the appeal was denied and the matter was sent back to the
Planning Commission with instructions that it the Board`s position to
have no greater density than R-1 in the PA-C zone. AYES: Supervisors
Lemke, Madigan, Moseley and Richter. NOES: Chairman Winston.
Page 321.
September 26, 1978
September 26, 1978
RECESS: 11:07 a.m.- - J -
RECONVENE: 11;15 a.m.
.,~. Supervisor Madigan asked that Public Works contact CALTRANS
to give consideration to an offramp for Lassen Avenue.
78-1863 PZ7BLIC HEARING: ROY WEST - APPEAL OF CONDITIONS 1 AND b ON TENTATIVE
PARCEL MAP, AP 50-04-59, TWO LOTS, SOITTHWEST CORNER OF GINNY LANE AND
PENTZ-MAGALIA HIGHWAY. PARADISE
The public hearing on the Roy West appeal of conditions 1 and 6
on .tentative parcel map, AP 50-04-59, two lots, southwest corner of Ginny
Lane and Pentz-Magalia Highway, Paradise was held at this time.
Hearing open to the public. Appearing: Roy West. Mr. West
stated that he was appealing for economic reasons to absorb the RS-10 LDS
road. He felt that this was unwarranted, The cost of this was be about
$6,000. Ginny Lane is 1/4 mile cul de sac that has a capacity for i5
mobile homes. There is not that heavy of use. Ginny Zane is a 30-foot
paved road at this time. The condition is a radius return of 25 feet
and to pave back 100 feet.
Hal McDonald, Public Works Department, stated that Mr. West
is actually appealing condition /kl which is construction of half of the
roadway. and obtaining an encroachment permit. This is for the southwest
corner of Pentz-Magalia and Ginny Lane. At the time the subdivision was
approved the developer was asked to improve the road, The developer
asked West regarding this to go in and develop at that time,
Mr. West stated that the front of his house would set 40 feet
from the road if this were done. The front area of the house would be
on Pentz-Magalia. There is a powers. pole with a transformer on it that would
have to be moved.
', Mr> McDonald stated that Pentz-Magalia is a amain artery and
this type of approach is what the county has been asking for for many
', years.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Supervisor Richter
and unanimously carried, based on what the Board has heard today and based
on the recent writing of the urban requirements of Paradise for main
thoroughfares to be more adequately paved, therefore the appeal was
denied,
78-1864 APPEARANCE TED CLEVELAND
Mr. Cleveland stated that he was putting the Board on notice
that it is his intention to file a complaint against the State Legislature,
State Board of Equalization, Butte County Assessor and Butte County Tax
Collector. 'this is a class action suit restraining them from imposing
assessment standards that are not in compliance with the intent of
Proposition 13. He intends to file this by 3:00 p.m, toddy. He has
been in contact with Rich Gann, soneof Paul Gann, who advised that they
are preparing a class action suit.
Supervisor Richter questioned Mr. Cleveland about State Board
of Equalization instructions. He has had many inquiries on the assessments..
Supervisor Richter set out the assessments that have been reported to him.
Mr. Cleveland stated that his suit was to have the property
taxes rolled back to the 197576 roll. The State Legislature passed SB 154
Page 322.
September 26, 1978
September 26, 1978
regarding bail-out funds. A portion of 5B 154 dealt with the manner
in which the Assessor's Office was to arrive at the base year. The
assessment roll value and fair market value are two different values.
The sales used for the 1975-76 roll were from early 1974 and 1973.
The values on March 1 are low compared to the true market value because
the sales axe older, When the roll was to be redone this year the
Assessor's Office was able to look back at comparable sales in 1975-.76
were 1er:~ more recent and higher in-fair market value. The law states-
that the sales can be used for 90 days past the March 1 deadline.
Those values are considerably higher.
78-1865 APPEARANCE: DR. BILL BROWN AND BARBARA REAGAN
Dr. Brown is with the United Way and he introduced Barbara
Reagan, executive director of United Way. He asked for the concept of
United Way for the week of October 1, 1978 be recognized, The goal
this year is $190,000. Tn the light of Proposition 13 they are going to
have to do £or themselves. The United Way helped some 50,000 people in
Butte County.
Ghairman Winston stated that this Board has always endorsed
the United Way. It is the intent of the Board to cooperate with the
United Way.
78-1866 APPEARANCE: HARRY ANDERSON
Mr: Anderson stated that he was one of the property owners concerned
about the letter regarding the intersection Nantucket Way and Skyway and
Paradise. He is one of the owners of the building on Skyway. This is
commercial property and the tenants need parking spaces. He did not
understand MAC selecting an issue and not giving the property owners
a chance to cooperate. He received a call from Bill Cheff in Public
Works who asked if he objected to elimination of parking in front of
the building and he advised Mr. Cheff that he objected. He received
a call from Mr. Duncan, MAC, who indicated that he understood that he
objected to elimination of the parking on the street. Mr. Anderson
said that he asked if he might speak to MAC on the issue. He was told
that the agenda was full and maybe next week he could speak. He felt that
they have an obligation to their tenants. They have a parking lot which
is full most of the time. It would not be good if the parking on the
street were eliminated as there is a need for such parking for the
commexcial businesses, He asked that he be given an opportunity to
investigate the points presented in the letter.
Chairman Winston suggested that Mr. Anderson get together
with MAC and Public Works to work this matter out.
Supervisor Richter was concerned that MAC is taking a position
and holding public hearings and not asking the property owners to
attend the meeting. The Board is going to have to correct the fact
that there cannot be a quasi-public hearing that :might have an impact
and not invite the people that are affectedo
Chairman Winston stated that he is meeting with MAC on October 7,
1978 and will carry the message of the Board to them.
78-1867 APPEARANCE RALPH CARLSON
Mr. Carlson stated that he had asked that the improvement of
Nelson Shippee Road be put into the budget. The Richvale area have
developed their own drainage, irrigation and sanitation districts.
The community has done many things for themselves. Nelson-Shippee Road
has been in the budget for several years. The reason it has not been
fixed is because it was felt it did not have the voluu~e of traffic,
He hoped the Board would consider 't~iiso`
Page 323. September 26, 1978
September 26, 1978
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78-1868 APPROVE REFUND OF $100 FEE FOR CERTIFICATE OF COMPLIANCE FOR BERNARD
ARNEZ
Bernard Arnez asked the Board regarding the investigation of
the requirement for fee for his certificate of compliance. Mr. Castleberry
left the decision up to the Board.
Dan Blackstock, county counsel, stated that according to the
memo from Publiorks it refers to a memo from his office on January 1,
1974 regarding cMartin's certificate of compliance and filing fees.
The McMartins were not requixed to pay the $100 fee because some of the
permits were prior to the certificate of compliance.
On motion_of Supervisor Moseley, seconded by Supervisor Richter
and unanimously carried, the $100 filing fee for certificate of compliance
for Bernard Arnez was authorized to be refunded.
78-3.869 APPEARANCE: DON DUFFAS
Mr. Duffas stated that he would like for the Board to recognize
October 1 to October 7 as National Employee the Handicapped Week.
Ghr~irman Winston stated that the Board has a policy of not
adapting a resolution. The Board recognizes the need for employment
of the handicapped by proclamation recognizing October 1 to October 7
as National Employee the Handicapped Week.
78-1870 MOTION TO RATIFY MEMORANDUM OF UNDERSTANDING AND ADOPTION OF ENABLING
RESOLUTION FAILED
It was moved by Supervisor Lemke, seconded by Supervisor Richter
that the Memorandum of Understanding with the General Unit and the Memorandum
of Understanding for the Management, Confidential and Supervisory (MCS)
Unit be ratified and a resolution be adopted and the Chairman authorized
to sign.
Supervisor Richter stated that he was in favor of the concept
of the memorandums of understanding and the resolutions. It is a
difficult position for the Board, He felt it would be difficult to
support this as there could be a mistake in the assessment roll of 10~.
He. felt that he could not vote to spend money that was nat available.
Vote on .motion:
AYES: Supervisors Lemke and chairman Winston
NOES: Supervisors Madigan, Moseley and Richter.
Motion fails.
Jim Cook, executive director BCEA, stated that he was stunned
with. the action that was taken. Tli~ BCEA negotiated in good faith and
once again the public employees are pawns. He felt the Board should
take a look at the budget. He felt the Board had better quit building
monuments and take care of the employeesa
Chairman Winston felt that Mr. Cook had made a good point,
He thought he was representing the Board's sentiments when he voted for
tree motion.
It was moved by Supervisor Lemke seconded by Chairman Winston
that the Memorandum of Understand wine the General Unit and the Memorandum
of Understanding for the Management, Confidential and Supervisory (MCS)
Unit be ratified and an enabl2ng cresolution be adopted and the Chairman
be authorized to sign.
Page $24.
September 26, 1978
September 26, 1978
T Supervisor Moseley asked where the money would be coming from?
Chairman Winston stated that Supervisor Richter-had raised the
speculation ovex under assessment and this might be trued He did not
know where the money is.
Vote on motion:
AYES: Supervisor Lemke and Chairman Winston
NOES: Supervisors Madigan, Moseley and Richter
Motion fails.
Supervisor Lemke hoped that during final budget deliberations
the Board is able to come up with the money to fund this.
Supervisor Richter agreed that if the money could be found he
would be willing to support the motion.
78-1871 DISCUSSION WITH ASSESSOR RE: SETTING OF APPRAISALS UNDER PROPOSITION 13
DIRECT ASSESSOR TO NOTIFY ALL PEOPLE WHOSE ASSESSMENTS HAVE' RECEIVED AN
INCREASE OVER THEIR 1975-76 ASSESSMENT
Al Anderson, assessor, stated that there is a tremendous amount
of misunderstand and people are coming into his office to ask certain
questions. When the questions are answered, they are satisfied. There
area. a lot of people that they are not communicating with them. Proposition 13
came out and there was a misconception as to what certain items meant.
He was not in agreement with some of the things. Some of the decisions
were made and he knew there would be problems. There is no way to solve
them. The individuals thought they voted for something else. After the
imitative petitian SB 154 and 2212 clarified the situations The State
Board of Equalization is given power to create tax rules and regulations
that the Assessor must follow. The State Board put out a memorandum of
questions and answers, His office is bound to follow the items.
His office had been required to prepare not only the normal roll but
the Proposition 8 roll. After Proposition 13 was passed his office had
about 50 days to do about 69,500 appraisals and almost 70,000 to reviewo
They had no alternative but to use the computer.
Mr. Anderson stated that they took the sales that occurred
close to the 1975 lien date, They are allowed to use the sales
just after the lien date. There was. an analysis by book. This was
', applied to the computer. It was factored against the figure. Some of the
appraisals were prior to 1975 factoring up, Some in 1976-77 were
', factored down. The recent appraisals were more current in information
and thexe was greater equity. It is recognized that whenypu use the
computer that every single property does not meet every parcel 100%
', properly, The Legislature has seen fit to give the Assessor's Office
two years to correct errors. The Assessor has been given authority to
make amendments without going to the Assessment Appeals Board and the
Board of Supervisors. He is recommending to the people that they
do file an assessment appeal to protect themselveso His office will
work with each one of the applications prior to the hearings. They
will make changes if possible. He requested that the people come in and
talk to his office. The deadline for filing appeals is October 2, 1978a
If they received another notice of evaluation or received notice late
then they have 30 days to file, He would like to see the Board be lenient
with the people who are filing. He knew this matter is of great concern
to the taxpayer. His office is caught in an impossible situation in that
they have to follow the law. He felt the only way to solve this until
the court can xendex a decision would be far the State Board of Equalization
Page325.
September 26, 1978
September 26, 1978
to make changes. He felt the final result will be in court.
RECESS: 12:15 p.m.
RECONVENEA: 12:25 p.m.
Supervisor Richter stated that he realized that the problems
that have been given to him could have been computer errors, For example,
a person had 35 parcels and pays a great deal of tax. On 100 acre parcel
the 1975-76 tax ba.11 shows an assessed value of $49,000. In 1976-77
the assessed value was $60,000. This means that between 1975-76 and
1976-77 there was a reappraisal.
Mr. Anderson stated that he would have to know what the reappraisal
was. In orchards there is continual growth of trees and this must be
considered. He did not feel that he could answer the questions about
the assessment without all of the information. His office would be
willing to go over the appraisal to see if there was a mistake. Mr.
Anderson felt that the Assessor's Office should review each. and every
appraisal during the next two years.
Chairman Winston stated that in 1975 if the value had been
questioned the Assessor's Office would have defended that value. Now,
he understood that by use of the computer the county is enjoying the
use of hindsight. The greatest part of the increase took place in
part of 1977. The Assessor's Office is now saying they market from
1975 to 1978 has x% and backing off 1978.
Mr. Anderson stated that when the roll was prepared in 1975
his office had to use information in 1973 and.1974. Now, they have later
information to compare to the lien date. Mast of the sales at that time
were considered current if they were six months old, Those sales do not
reflect the true value. At this time, the office can go back to 1975
and know what the figures should have been and also know what the 1978
values are. They are using homogenius properties, The only discretion
the Assessor's Office has is judgment limited to determination of value.
He asked Counsel to review and see if they were out of line. The memo
indicates that they are expected to follow the State Board of Equalization.
He has given directions for all of the appraisers to talk with the people.
Supervisor Lemke felt the Assessor's Office should have people
available to talk with the people and the Assessor is legally entitled
to make an adjustment prior to filing an appeal. The Clerk should have
appeal forms in all of the offices. In order to protect themselves the
public should file an appeal form prior to next Monday. The major
complaint has been that the 1975-76 base year has been increased,
Mr. Anderson stated that some of the property was appraised
in 1975 and some was appraised in 1976. The office might have used the
1976 value and gone back. The property appraised later in 1977 or 1978
was reviewed considering the number of years. The values were brought
up to the 1975 lien date. Forty-one counties have increased the value
to the 1975 lien date. Seventeen have not. Some of those counties
did not have the capability to do this.
Mr. Anderson set out how the county is audited. The county
did very poorly at 20.6%. They were 1.2% away from getting an up order.
Tn 1955 there was a 15% up order. This has to do with the state average
and not the 25%. The state average was 23%.
Discussion of possible refunds if the mistake is found within
the two year review period. held at this time.
Page 326.
September 26, 1978
September 26, 1978
Dan Blackstock, county counsel, stated that this would be handled-
through a roll correction and there would be a refund.
Mr. Anderson stated that the appeal time is Monday, October 2,
1978. at 5:00 p.m. with the exception of people xeceiv3:ng notification
late,:, They have 30 days following receipt of the notification.
Mr. Blackstock stated that the rule of reasonableness should
apply. A lot of notices have gonesout in the last week or so. It was
our agreement that we would look at each one as it comes in and if it
is reasonably construed as having 30 days notices. The law does provide
that no increase is valid unless he receives a notice and is given 30
days after that to appeal.
Su':pervisor Madigan questioned Mr, Anderrson regarding whether
a drainage assessment was part of the value of the property.
Mr. Anderson stated that if the assessment value is in addition
to the property it does not make any difference on the price or value of
the property. It would be the same assessment whether it was paid for
or not.
Orrin Stratton, Chico, stated that there were problems with
the appeal foams. He has received calls regarding the availability of
the forms. The forms are not available in Chico and Paradise. The Clerk's
Office ran out of forms and had to mail some of them out. This puts
people under a tight schedule in many cases and should have been available
to the public.
Clark Nelson, county clerk, stated that his office has a lot of
forms. They should have had more formse This is something that was not
anticipated. There are sufficient forms around the county at this time.
Mr. Stratton was also concerned that there is a class of people
that did not receive notices of assessment. No .notices were sent out to
the people unless the assessment was raised over the 1977-78 evaluationo
The assessments could have been raised over the 1975-7& roll and the
people may not have received notice of that,
It was moved by Supervisor Richter that the Board direct the
Assessor to notify all people whose bills have risen since 1976-7b roll
if he did increase values for 1978-79.
Motion withdrawn.
Rolland Vandegrift stated that he had six properties and only
received notification on three of those properties. One was fairly close
to a raise of 2% per year. The three remaining parcels that he did not
receive notice on were-alneressed over the 1975-7b values. He felt that
he should be given thirty days to appeal his assessment after he receives
notice. After he talked to the Assessor's Office, he found that the form
that he has for appealing his assessment does not fit, He requested that
he be allowed to write a letter for his appeal,
Mr. Blackstock stated that the appeal has to be filed on the form.
He felt that the form could be completed.
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, anyone who received an increase over the 1975-7b
roll greater than 2% specified in the constitution shall be notified.
Page 327.
September 2b, 1978
September 26, 1978
Mrs. Cooley stated that she received no notice on hers secured
assessment. Her unsecured tax bill was higher this year.
Frank Brazill,felt that there are very few people who understand
what is happening. He felt that the Assessor did not have the authority
to change any taxes from the 1975-76 roll except for the 2~, He was happy
to hear that someone was going to bring suit to clear the matter up.
RECESS: 1:25 p.m.
RECONVENE: 2:30 p.m.
78-1872 APPOINTMENT TO COUNTY EMPLOYMENT TRAINING ADVISORY YOUTH COUNCIL
CONTINUED TO OCTOBER 3, 1978
', The appointment to the County Employment Training Advisory
Youth Council was continued to October 3, 1978.
78-1873 APPOINTMENT TO NORTHERN CALIFORNIA HEALTH SYSTEMS AGENCY
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, Eldon Cully was confirmed as a member to the
Northern California Health Systems Agency.
', On motion of Supervisor Richter, seconded by Supervisor Lemke
and carried, James Sweeney was appointed as a member to the Northern
California Health Systems Agencyo AYES: Supervisors Lemke, Moseley,
Richter and Chairman Winston. ABSTAINING:. Supervisor Madigan.
78-1874 COMMUNICATIONS
John L. Bantam, Magalia. Mr. Bantam appeals the Subdivision Violations
Committee condition ~kl on a certificate of compliance, AP 50-25-48,
', one lot, west side of Mountain View Drive, 700 feet south of
Stark Lane, Paradise. Set for hearing October 10, 1978 at
' 10:00 a.m.
.Tim Kirks, Chico. Mr, Kirks writes commending the Board concerning
refunding of the library budget. Information; no action taken.
', Butte County Committee for Employment of the Handicapped. The Committee
', forwards information concerning congressional designation of
October 1 - 7 as National Employ the Handicapped Week. The
' matter was handled earlier in the meeting.
Biggs Memorial Hall< Letters in opposition to the closure of the Biggs
Veterans Memorial Building have been received from the Lyman
Chapter No. 363 Order of the Eastern Star and the Biggs Womens
Club. Administrative Officer to have report for next Board
meeting.
Residents of Cape Cod Mobile Estates, Paradise. A letter has been received
signed:;by 47 persons with regard to safe vehicular traffice at
the intersection of Nantucket Way and Skyway in Paradise. The
matter was discussed earlier in the meeting.
Paradise Municipal Advisory Council. The Council writes providing input
concerning the site plan, landscaping plan, floor plans and
elevation plan for the Stoneson Development Company project on
Clark Road in Paradise. Information; no action taken.
Willard W. Connor, Stirling City. Mr. Connor writes concerning unsecured
property tax and Proposition 13. See discussion following
communicationse'
Page 328.
September 26, 1978
September 26, 1978
Butte County Legal Services. The Attorneys, on behalf of U. S. citizen
doe, file a claim for personal injuries in the amount of $2,000
with regard to an incident at the Welfare Department on June 27,
1978. See motion following communications.
Shaw, Kuhn & Thomas, attorneys at law. The Attorneys, on behalf of
Margaret Bremner, file an application for a late claim and a
claim for damages in the amount of $250,000 plus additional
expenses as a result of an automobile accident on Humbug Road,
east of Chico on May 2, 1978. See motion following communications.
City of Chico. Mayor Thorn writes concerning development of the Highland
Park Subdivision west of Chico, Supervisor Richter appointed
to meet and discuss the matter with the City of Chico.
Paradise Irrigation District. The District asks that the county collect
their taxes as is-,done with other districts. Referred to
Auditor and Counsel for report next week.
78-1875 DISCUSSION: UNSECURED PROPERTX TAXES AND PROPOSITION 13
Supervisor Madi®an asked if the Board could file an action to
compeil the Auditor to use the 1975=76 rate for unsecured taxes?
Dan Blackstock, county counsel, stated that this would be in
the form of a Writ of Mandate. This occurred in San Diego County where
the Auditor took the position that his personal liability was on the
line and declined. The Board filed a Lawsuit and the decision was in
favor of the Board of Supervisors. That decision will probably not be
appealedo The Los Angeles decision will be appealed. The Auditor of
San Diego County took the position that his personal liability is at
'; stake sah'e~cannot argue. There is an additional complication of tax
', bills coming out and seeking a Superior Court order to require the Auditor:
and Tax Collector to send out new bills based on Proposition 13 rate.
The tax bills did contain the notice to the effect that the Board has
agreed to impound the money. It is obvious the Auditor would appeal.
There is a time element. If the Board asked for a temporary injunction,
they would be asking for an•injunction to require the Tax Collector
and Auditor to issue new bills pending the outcome of litigation.
It was moved by Supervisor Madigan, seconded by Supervisor Richter
that the Board ask Counsel:t~r;aicfor a temporary restraining order on the
Auditor and ask Counsel to make the necessary petition to present to
Superior Court Judges that would limit the unsecured tax bill to the
$4 rate for the 1978-79 bills and that the 1978-79 unsecured tax bills
already sent out be .null and void, and that the Auditor and the
Tax Collector be required to send ..new bills out.
Mr. Black stock stated that what the Board would be directing
him to file points and authority contrary to the position the Treasurer
and Auditor took in the Supxeme,Court case. He has written an opinion
on the matter. If the Board wants to proceed-they should retain counsel
for themselves.
Supervisor Richter stated that there will be inequity of the
people that will be paying the $4 rate on the secured roll and the people
that will be paying the 1977-78 rate on the unsecured roll. The Supreme
Court did not make a ruling on this.
Chairman Winston stated that philosophically he agreed with
that. The Auditor is going to appeal the decision>
Page 329.
September 2fi, 1978
September 26, 1978
J Mr. Blackstock stated that the matter could go into the next
year if the decision is appeal.
Chairman Winston stated that if the people do not pay the
tax bill then they are delinquent and subject to penalty.
Vote on motion:
AYES,;. Supervisor Madigan
NOES: Supervisors Lemke, Moseley, Richter and Chairman Winston
Motion fails.
78-1876 REJECT CLESIM
On motion o£ Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, the claim of U. S. citizen doe for personal
injuries in the amount of $2,000 with regard to an incident at the Welfare
Department on June 27, 1978 was rejected and referred to Counsel and the
insurance carriero
78-1877 DENY PETITION TO FILE LATE CLAIM
On motion of Supervisor Madigan, seconded by Supervisor Zemke
and unanimously carried, the petition of Margaret Bremner to file a late
claim was denied.
78-1878 ADDITIONAL MATTER PRESENTED BY PERSONNEL DIRECTOR
Jim Rackerby, personnel director, stated that he had received
a call from NACo that there is a telegram on its way indicating they do
not believe the continuing resolution for CETA will be signed by the
President before Friday. The Regional Director is authorized to sign
county grants and permit use of carry over money to fund selecti..positions
to the program at calculated risk. This would be transferring from one
program to another would be a risk. He believed the full funding would
be no later than the last of October. He suggested that if the county
receives this telegram and his staff is calculating fund balances and
carryover into October those essential public service jobs and those
in the prfvate sector and those in school programs. He suggested that
the Board curtail all nonessential positions until the county receives
full funding. These positions will be limited in writing to police,
fire, and Juvenile Hall type of positions.
- ~ Personnel Director was authorized to proceed in accordance
with the information.
78-1879 REFER LETTER FROM PARADISE MUNICIPAL ADVISORY COUNCIL REGARDING
REQUEST FOR TREE CUTTING ORDINANCE TO PUBLIC WORKS_AND_COUNSEL;
The letter from Paradise Municipal Advisory Council regarding
a request for a tree cutting ordinance was referred to Public Works and
Counsel for study.
78-1880 CONTINUBb PUBLIC HEARING - 1978/79 BUDGET AND FINAL HEARING ON
REVENUE SHARING
The public hearing on the 1978/79 budget and final hearing
on revenue sharing was held as continued.
Bill Lawrence, auditor, asked that the budget hearing be
continued until later sa that the information can be completed.
Chairman Winston stated that there has been quite a discussion
about the roll. There is some concern about the fact that there could be
a 10% deficiency. The action of this Board abrogated the agreement with
BCEA. Page 330.
September 26, 1978
September 26, 1978
Mr. Lawrence stated that his office Yeas computed the FICA buyout
on which portions will be funded by additional revenue and those portions
that can be funded without the county looking at some of the funded
department. He will have the computations shortlye
Supervisor Richter stated that he did nat believe the Board
was going to go back through the budget again. The property tax revenue
could be off between $500,000 and $1 million. If the Board would make
a cut of $130,000 out of the property tax monies other than revenue
sharing he would be willing to vote for the Memorandums of understanding.
Mr. Lawrence stated that he believed that without financing
that there will ::still be surplus funds available to fund the :..deficit
as existed at last session and still fund the county's portion of the
employees benefits. If the tax roll reduction is of such substance to
reduce expenditures there is the reserve for contingencies that can be
used. He felt the Board could fund the benefits. The biggest change in
revenue is in the interest factor. It was not anticipated. The interest
calcuations are going to be increased greatly. He would say that the
Board is close to staying in balance and still giving the benefits.
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and carried, the Board made a motion of intent to recognize the needs
and loyalty of the employees and ratify the memorandum of understanding
with the General Unit and The Memorandum of Understanding for the Management,
Confidential and Supervisory (MC S} Unit be ratified subject to availability
of funds. AYES: Supervisors Lemke, Moseley, Richter and Chairman Winston.
N0: Supervisor Madigan.
EXECUTIVE SESSION: The Board recessed at 3:25 p.m, to hold an executive
session regarding litigation.
RECONVENE: The Board reconvened at 3:40 p.m. following an executive
session regarding litigation.
78-1881 ADOPT RESOLUTION 78-162'-:ESTABLISHING TAX RATES FOR VOTED DEBT
SERVICE FOR VARIOUS SCHOOLS AND SPECIAL DISTRICTS
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, Resolution 78-162 establishing tax rates for
voted debt service for various schools and special districts was adopted
and the Chairman authorized to sign.
78-1882 CONTINUED PUBLIC HEARING - 1978/79 BUDGET AND FINAL HEARING ON REVENUE
SHARING - COMMENTS FROM DEPARTMENT HEADS
The public hearing on the 1978/79 budgtt and final hearing
on revenue sharing was held as continued.
Comments were received from the Department Heads at this time.
1. Carl Morton, treasurer-`tax hollector. Mro Morton stated
that he had made his comments about the memberships and travel reductions
in a memo dated this date.
1978.
The request is to be considered at budget session on September 27,
2. Bob Crisan, welfare du~rector. Mr. Crisan was present
to request that memberships be place back in his budget. This is
reimbursed by the State.
The matter to be considered at budget session September 27,
1978.
Page 331.
September 2fi, 1978
September 26, 1978
3. Judge Brian Rix. Judge Rix asked that the Board consider
reducing his requested furnishings by one-half and placing the other
half back in the budget.
Supervisor Lemke asked if this matter could be handled under
revenue sharing capital equipment allocations.
1978.
The matter to be considered during budget session on September 27,
4. Bettye Blair, planning director. Mxs. Blaix stated that she
understood that the Board wanted xecommendations from her relative to
staffing. The Board has cut the position of Planner II out of her budget.
She has three persons in advance planning and two in current planning.
If the position is not placed back in the budget she will have to pull
planners from advance planning to do current planning.
Chairman Winston stated that the Board agreed not to discuss
the restructuring of the land division process until after budget
session.
She asked that the position be considered. The matter to
be considered at the 'nudget session on September 27, 1978.
5. Bill Lawrence, auditor. Mr. Lawrence stated that he would
like to join with the other department heads is requesting the memberships
be reinstated.
Clif Mickelson, administrative officer, stated that Clark A. Nelson,
county clerk, had also sent a similar request.
The matter of memberships to be considered at budget hearing
on September 27, 1978.
RECESS: The"%Baasd recessed at 3:52 p.m. to reconvene on Wednesday,
September 27, 1978 at 4:30 p.m.
'~ ~ ~ '* * * September 27, 1978 '* * * * ~
RECONVENED: The Board reconvened at 4:30 pom. pursuant to recess.
Present: Supervisors Madigan, Moseley, Richter and Chairman
Winston. Clif Mickelson, administrative officer; Dan Blackstock,
county counsel; W, R, Lawrence, auditor, by Dick Puelicher,
chief accountant; and Clark A, Nelson, county clerk, by Cathy
Pitts, assistant clerk to the Board. ABSENT: Supervisor Lemke
78-1883 CONTINUED PUBLIC HEARING: 1978/79 BUDGET AND FINAL HEARING ON REVENUE
SHARING
The public hearing on the 1978/79 budget and final hearing on
revenue sharing was held as continued.
Dick Puelicher, chief accountant, stated that the Board will
be able to match the total requirements with the available financing
without changing the appropriation for contingencies. This is the
budget as amended. This includes the FICA buyout for the employees
benefits. The benefits are funding slightly in excess of $300,000 from
property taxes from a total of $559,000.
Clif Mickelson, administrative officer, stated that there were
several items that should be discussed before the Board takes final action
on the budget.
Page 332.
September 2~, 1978