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HomeMy WebLinkAboutM101480October 14, 1980 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) 80- The Board of Supervisors met at 9:00 a.m. pursuant to adjournnant. ~ resent: Supervisors Dolan, Wheeler, Winston and Vice Chairman Moseley. lif Nickelson, administrative officer; Dan Blackstock, county counsel; and lark A. Nelson, county clerk-recorder, by Nancy Wilson, deputy clerk. bsent: Chairman Lemke. ledge of Allegiance to the P1ag of the United States of America on by Clay Castleberry Lb06 PPROVAL OF MINUTES On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the minutes of October 7, 1980 were approved as mailed. x.607 ADOPT ORDINANCE 2149 AMENDMENT TO RETIREMENT CONTRACT WITH PUBLIC EMPLOYEES' On motion of Supervisor Wheeler, seconded by Supervisor Dolan and arried, waived the second reading of retirement ordinance amendment to the ounty's retirement contract with the Public Employees' Retirement System o provide. highest year computation for retirement; Ordinance 2149 to become ffective November 22, 1980 was adopted and the Chairman„authorized to sign. 1608 PPROVE CETA PROJECT PARKING On motion of Supervisor Wheeler, seconded by Supervisor Dolan and arried, the CETA project parking with funding of $3,876075 in CETA funds or construction of a parking area behind the old hospital residence for se by individuals being dispatched to Brush Creek was approved; Public Works uthorized to proceed with the work. 1609 ~PPROVE MEALS ON WHEELS CONTRACT WITH CHICO AREA COUNCIL ON AGING, INC. AND dRdT1T4Ti f'.(1FTNf'TT. (1N d(.TNG_ TNC_ On motion of Supervisor Dolan, seconded by Supervisor Wheeler and 'red, agreements with Chico Area Council on Aging, Inc. and Paradise cil on Aging, Inc. for operation of Meals on Wheels program with Chico tact in the amount of $8,500 and Paradise in the amount of $6,200 with s from approved revenue sharing appropriations were approved and the rman authorized to sign. Vice Chairman Moseley noted the Oroville Meals on Wheels did not request fund so 1610 DOPT RESOLUTION 80-215 DELIN UENCY PREVENTION 0~'B'ICER G1tANT AMENDMENT On motion of Supervisor Dolan, seconded by Supervisor Wheeler and arried, Resolution 80-215 amending Resolution 80-178 making minor word changes s requested by the State Office of Criminal Justice Planning was adopted and he Chairman authorized to sign. Y$S: Supervisors Dolan, Wheeler and Vice Chairman Moseley 085: .Supervisor Winston BSENT: Chairman 'Lemke '1611 PPROVE AUTOMATIC AID AGREEMENT WITH TUWN UP' YAKl1uISLr On motion of Supervisor Winston, seconded by Supervisor Wheeler and arried, an automatic aid agreement with Town of Paradise to provide reciprocal utomatic responses of fire engines in and surrounding the town at no cost to he taxpayer was approved and the Chairman authorized to sign. 1612 PPROVE PENALTY ABATEMENTS On motion of Supervisor Winston, seconded by Supervisor Dolan and arried, the following penalty abatements were approved: Page 304. October 14, 1980 80- 3 ':1613 :1614 II '1615 :1616 1617 October 14, 1980 ^ James R. & Patricia L. Walter, AP 039-24-0-072-0 Melvin L. & Leanne M. Dewsnup, AP 024-24-0-040-0 William & Fabienae Cozzi, AP 055-18-0-080-0 Roger M. Grubbs, AP 36-37-007 Frank & Ruth J. Ferrario,,AP 044-64-0-013-0 Wallace D. & Veneta C. Driver, AP 042-14-0-076-0 CONTINUED TO OCTOBER 21, 1980 DISCUSSION AND POLICY DIRECTION ON SALE OF CLARK ROAD DUMP SITE Continued to October 21, 1980 discussion and policy direction on sale of Clark Road dump site. CONTINUED TO OCTOBER 21, 1980 PUBLIC DEFENDER SERVICES DISCUSSION AND POLICY DIRECTION Supervisor Winston stated he had gone over this matter very carefully and had read the memo from Mr. Nickelson dated October 8, 1980. The request is for approval over the amount budgeted. .Because this would require four votes to move the money he felt it should be held over until a full Board was present. Matter continued to October 21, 1980 meeting. Clif Nickelson, administrative officer, stated Gerald Lively has been working on this project. He felt if the districts were formed it would cause major problems for the county. Gerald Lively, deputy administrative officer, set out the background on the redevelopment project. Both the City of Chico and City of Oroville are working on projects. The City of Chico redevelopment plan will have an impact on Butte County and county government. The Redevelopment Agency is separate from the Redevelopment Project. The city council has been designated as the agency itself. To be continued to later in the meeting. ORDINANCE 2150 INTERTM zONING FOR PAUL REDDICK PROPERTY IDENTIFIED AS On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, to interim zone property to "AR-MH" {Agricultural residential - mobile home) identified as AP 36-30-18 for Paul Reddick; Ordinance 2150 was adopted and the Chairman authorized to sign. REPORT ON SOUTHEAST CHTCO REDEVELOPMENT PRQJECT.- CONTINUED FROM EARLIER IN THE MEETING The report on the Southeast Chico Redevelopment Project was held as continued from earlier in the meeting, Gerald Lively, deputy administrative officer, stated Chico was considering a number of areas for the purpose of the redevelopment project. in the municipal and-.downtown areas. One area is 1,400 acres southeast of Chapmantown and the area on the north is 410 acres in the vicinity of Calif- ornia Park Subdivision. Mr. Lively indicated the areas on a map at the board. Mr. Lively set out the requirements to qualify for blight. There are five items under the Health and Safety Code. They can make any one of the findings, As a Redevelopment Agency and successfully established the AV .at the time of Page 305. October 14, 1980 80- October 14, 1980 formation determines taxes. The AV as of now is only the taxes you will get for that period of time. Any redevelopment that occurs for higher AV during that period B.edevelopment gets the taxes. The County of Butte gets zero. You can ask the Redevelopment Agency for reimbursement of services such as Sheriff, Probation, Welfare and all other county services. The Redevelopment Agency can award those funds to the county or say no. We have 90 days in which to respond. The 90 days began October 7. The Assessor and Auditor will need that much time to respond. -Approximately 11,000 people live in that area now. There is the industrial park on Skyway. There will be an increase in AV, The City Council can use the funds for certain kinds of projects outside the area. Clif Mickelson, administrative officer, stated the Assessor, Auditor and Tax Collector received certified copies of the proposal. The City of Chico will say we were notified it was coming up. They have 60 days in which to take any legal action. Mr. Lively stated Chapmantown area is considered a blight. .Supervisor Dolan stated the sewers are to be handled by another assessment district. There will be trunk lines. There is full cooperation and eacouragement:by~the developers in the area. ,She felt the lower market interest could have a.`tremeadous impact. Dan Blackstock, county counsel., stated before there was discussion regarding litigation he_would like to hold an executive session. It had to he today not in the future. Supervisor Winston stated the cost of providing services is the responsibility of the City of Chico, They would have to build fire houses and protection and staff and beef up their police protection. Mro Mickelson stated the county would be responsible for the Coroner, Welfare and health services. The proposed housing would be for low income houses. It would draw people from low incomes to the areao The City of Chico could annex Chapmantown and use these funds. They will tell the County to bring them up to code and then they will annex. The County cannot afford that. They asked City of Chico about Bruce-Road. Their response was you are planning on fixing it so why should we. There will be hundreds of acres taken off the tax roll. Supervisor Dolan stated it is easier to annex an uninhabitated area. 1618 Supervisor Wheeler questioned why the City of Chico did not approach the County. Her first knowledge was at a public hearing. RECESS: The Board recessed at 9:50 a.m. to hold an executive session regarding the Southeast Chico Redevelopment Project. RECONVENE: The Board reconvened at 10:11 a.m. after holding an executive session regarding the Southeast Chico Redevelopment Project. No announcements at this time. PUBLIC HEARING: VICKI WONACOTT APPEAL OF DENIED REZONE IN FOREST RANCH AREA The public hearing on Vicki Wonacott appeal of denied rezone (item on which an environmental impact repart was previously certified) from "TM-10" (timber mountain - 10 acre parcels} to "TM-5" (timber mountain - 5 acre parcels) that property located on the west side of Doe Mill Road, approximately 1/4 mile north of Schott Road, identified as AP 63-07-03, east of Forest Ranch was held as continued. Page 306. .October I4, I980 80- a October 14, 1980 Bettye Blair, planning director, set out the background on the continued hearing, Hearing open to the public. ,Appearing: No one. Hearing closed to the public and confined to the Board. 1619 Supervisor Wheeler stated she had talked with the applicant. She is acceptable to having it denied and make reapplication at the proper time. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the appeal of Vicki Wonacott on denied rezone from "TM-10" (timber mountain - 10 acre pa reels) to "TM-5" (timber mountain - 5 acre parcels) property located on the west side of Doe Mill Road, approximately 1/4 mile north of Schott Road, Identified as AP b3-07-03, east of Forest Ranch was denied. PUBLIC HEARING: TOM A. BEAVER PETITION FOR VARIANCE TO SECTIONS 19-10 AND/OR 19-12 OF BUTTE COUNTY CODE FOR PLACEMENT OF MOBILE HOME ON AP 28-13-003, LA PORTE ROAD, BANGOR AREA, ZONING "A-5" The public hearing on Tom A. Beaver petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 28-13-003, La Porte Road, Bangor area, zoning "A-5" was held as advertised. Lynn Vanhart, environmental health director, set out the back- ground on the petition. Mr. Beaver's son is 100 percent disabled and an Air Force veteran. Everything is in order. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. 162 0 On motion of Supervisor Winston, seconded by Supervisor Dolan and 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 28-13;003, La Porte Road, Bangor area for Tom A. Beaver; zoning "A-5" was approved for a period of one year. PUBLIC HEARING: ELLIE MAE BRADLEY PETITION FOR VARIANCE TO SECTIONS 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON AP 27-04-27, 31 AND 32, P. 0. BOA 391, PALERMO; ZONING "A-5" The public hearing on .Ellie Mae Bradley petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 27-04-27, 31 and 32, P, 0, Box 391, Palermo; zoning "A-5" was held as advertised. Lynn Vanhart, environmental health director, set out the background on the request. It is to make legal a situation whereby a friend has been living on the property in a converted bus. There are no sanitary facilities. They use those in the house. It was brought to their attention on a complaint of neighbors. Used cars on the property have been removed, It has been on the property for two years. It is a five acre parcel. Hearing open to the public. .Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by.Supervisor Wheeler and carried, the petition for variance to Sections 19-10 and/or 19-12 of the Page 307. .October 14, 1980 80- 3... 1b21 October 14, 1980 _ _ ,Butte County Code for placement of a mobile home on AP 27-04-27, 31 and 32, P. 0. Box 391, Palermo, for-Ellie Mae Bradley; zoning "A-5" was approved for a period of one year. DISCUSSION: .SERVICE EMPLOYEES. INTERNATIONAL UNION pRE3BNTATIDN CONCERNING GRIEVANCES PILED IN THE WELFARE DEPARTMENT Discussion of Service Employees Internation Union concerns(regarding grievances filed in the Welfare Department was held at this time. Nancy Jonas, representing SEIU/BCEA, stated they were here to apgeal Mr. Rackerby's decision regarding the Child Protective Service workers. Ms. Jonas presented a memo to the Board members. On October Y,'>~.9'80.Mr~: Rackerby informed each grieved employee the County was suspending grievance on the basis of Personnel Rules, Section 8.4 d, as he felt there was an emergency situationo She did not feel there was an emergency situation as the workers are responding to calls. ,Mr. Rackerby talked about jeopardizing the program and workers unrest. The workers are unhappy, but they are carrying the beepers. She set out Section 2.28 defining an emergency. Mr. Crisan has stated the program has been in effect since 1959. The workers are doing a vital service for the community. It was unfair to stop the grievance process. It was felt the grievances fell within the guidelines of the rules in.Section 8,1 a. They feel it should go the full cycle, step by step on to Personnel Appeals Board. Mr. Crisan will not talk to his own people, they do not get a fair shaken Mr. Rackerby has suspended their grievance until April or until the next negotiations of the contract under meet and confero Both Mr. Crisan and Mr..Rackerby knew of this situation before this year's contract was signed. Ms. 3onas would like the Board to reconsider this and to go to Mr. Rackerby and request their grievance be allowed to go through the necessary steps and be answered. Ms. Jonas stated there is a new system. .Asa result of the new system the beepers did not work this weekend. Ms. Jonas introduced Ms. Mary Pickler,.Social Worker III. Ms. Fickler stated she had mailed the Board members a memo. She felt they should be allowed to follow the grievance process all the way through. The workers feel they have adhered to the process. When they received written response~.from.Mra Crisan they felt something was not right that he would not personally meet with them. The procedure sets out they are to meet .personally with the department head. This did not happen. There was the same type of response from Mr. Rackerby. He not only did net meet with them, he suspended the whole thing. They would like to go through the complete process. Ms. Fickler was unsure of the exact statistics regarding the number of calls they respond to in a month. In addition to the physical responses the calls at night detail several hours of telphone work and write ups. They are still expected to work the next day. Ms. Laurie. Scott, Social Worker III for four years spoke regarding the CPS unit. At this point they feel there is nothing they can do. They are providing the services. They would like consideration to be given them. The work load gets heavier, they are not given additional help. -They would like to discuss their grievence. Mr. Jeff Burgance, CPS worker. Mr. Burgance would like to see a civil and decent solution to this suspension of the grievance process. He felt the employ ees must talk with management. He works in juvenile court and if he does not cooperate it gets back to the office. He would like to get respect. Page 308. October 14, 1980 80- October 14, 1980 Ms. Jonas stated they would like Mr. Rackerby to reinstate the process rather than suspend it for six months. They would like Mr. Rackerby to be encouraged back to the negotiation table which was started and they were making some progress.. Jim Rackerby, personnel director, stated he presented a report to the Board last week. There was a hastily prepared appeal to his decision by Tom Coleman of the SEIU. He was not given the courtesy of a copy of information being presented to the Board. If they had been aware this problem existed during negotiations, it would have been discussed. Mr. Crisan had indicated to him that the matter of the Protective Services were not being met. It was a catch as catch can situation. It was recently mandated that Welfare provide protective response to children in distress in 24 houxs.~ It was being done before the mandate. There was a big change at the State level, there was allocation of funds. It was felt the employees could gain benefits from the allocation. This demonstrated unrest. Each employee filed individually. Mr. Crisan had indicated the system was not working. He set up a new system and the workers did not care for the new one, Tt was a morale situation which was effecting the responsibility of the workers. In his memo he referenced to the fact the negotiations were still in progress. As for pay that is only for the Board to decide. They are willing to sit down and negotiate. The problem will not go away until it has been resolved. There were objections to meet and confer. Tf there is not sufficient emergency in that unit then do not suspend that process. There was a question to the authority to authorize the two hours payment of time for being on call. The emergency exists from what is seen here today. A decision has to be bi-lateral, the union must agree. In response to Supervisor Winston's question of the difference in statements, Mr. Rackerby stated there was a change in working conditions. It changed from a volunteer basis to being on call every seventeen weeks to a seven day twenty-four hour shifts. Management has a right to make changes in the schedule. The workers are asking to change the rules to their way. _ __ Supervisor Winston stated in Ms. Pickler's memo she indicated there was burned out syndrone illness increasing. She stated the system was in trouble internally. He read from the memo. He felt this would be a major item to consider next year during negotiations. Mr. Rackerby stated 11 people filed grievences. To meet with each one individually would have taken a lot of administrative time. The employees were harrassing administrators. After the process goes through all the steps and to the Appeals Board the next step is to go to court. They were in violation of terms under which they were hired. The compensation offer is less than minimum wage, it is not subject to grievence. Mr..Rackerby stated this is a unique service of the Welfare Department. They were advanced to Social Service Worker III. They were granted a pay increase. Bob Crisan, welfare director, stated he did not individually meet with each employee because at the time his daughter was in the hospital. He gave them a written reply. What created an emergency for him to change the system was they were being operated by volunteer telephone response according to their status on the list. .Someone was willing to go out and take care of the emergency. It worked quite well until early this year. There got to be too many calls to get anyone. When reached they would ask to call the next individual on the list. One individual who filed a grievence does not have a telephone and would like to continue this system. In one incident he was called when he was on vacation because no body would answer. He cannot have a hit and miss program. They have implemented the beeper system. There were problems over the weekend. The program manager did Page 309. .October 14, 1980 80- d 1622 October 14, 1980 handle all calls. In April he circulated a questiont3aire. Some commented that they have a beeper system. Others indicated no change. This is why he felt he had to change the system. The individuals .who filed claims do not talk to the individuals who did not file claims. He felt they had to do something to get people working in a civil and efficient manner. With the beeper system an individual is on call about every 17 weeks. Some employees have children and there were problems with standby babysitters. There is an average of 53 calls per month with only about 7 physical calls. On physical calls there is an average of about six hours response time which they will pay in addition to call-back time. - ~• ~ =---- Mr. Crisan stated the State provided $53,000 which included a county match. The employees are paid one and one-half time for physical responses and they get paid for two hours for every single night they are on duty. Supervisor Winston questioned Mx. Crisan if he objected to the grievance procedure. Mr. Crisan responded no, it would solve a great deal of their problems. He cannot solve the matter of pay. It cannot be solved by the grievance procedure. Clif Mickelson, administrative officer, stated he did not see any damage in lettdsng the grievence proceed. They cannot discuss meet and confer items. The end product would be facing additional costs for Welfare and other departments without standby pay. Mr. Crisan had not objections to the procedure taken, regardless of what the Board decides. He operated his department as much as possible in a democratic way, only as long as everyone pitches in. He would be happy to meet with the employees, but now there is a union and they do not have the family type county. Mr. Rackerby questioned Mr. Crisan, in their earlier discussion, which has been under consideration for several weeks, his action was based on the fact there was an emergency existing, does Mr. Crisan now feel there is no longer an emergency and he should withdraw his instructions. Mr. Crisan stated they did hold meetings with the supervisors and they were not pleasant. He felt they should do something quickly. Mr. Mickelson stated he recommended the Board instruct Mr..Rackerby to process the grievance procedure on through. Mr. Rackerby stated this was not necessary. Possibly it is not as severe as it had been earlier. He is willing to withdraw his request. He would like to have all the grievences as one so it is not necessary to call in the Appeals Board for 11 times. He will withdraw his action. PUBLIC HEARING: ALAN JOHNSON APPEAL OF CONDITION N0. 10 ON A TENTATIVE PARCEL MAP, AP 33-36-01, TWO PARCELS,.PROPERTY LOCATED ON THE NORTH SIDE OF LONG BAR The public hearing on Alan Johnson appeal of Advisory Agency's condition No. 10 (meet the requirements of the Butte County Fire Department) on a tentative parcel map, AP 33-36-01, two parcels, property located on the north side of Long Bar Road at Canyon Highlands Drive, Oroville area was held as advertised. Clay Castleberry, public works director, stated there was a map on the board. He set out the background on the appeal. It is a fire department requirement. This is close to the City of Oroville. The present ordinance is for larger than 5 acre parcels. It is probably going to be Page 310. October 14, 1980 80- ~' _ October 14, 1980 developed. There are several appeals regarding the fire department requirements coming up. It is hoped the study will be ready soon. Hearing open to the public. Appearing: 1. Robert Huskey, engineer. Mr. Huskey stated debris was removed from the parcel. The objection came from the requirement of certain gallons per minute. They would have to install a water storage tank. The parcel is undeveloped. There are no plans to build, The requirement is across the board requirement. Supervisor Winston stated it is across the street from OWID ditch. If something was burning they could put a hose in the ditch. Hearing closed to the public and confined to the Board. 1623 .Supervisor Winston stated when a map comes down to-seven acre parcels it will be before the Board. Tt is an attractive property and when the density increases there will be a subdivision map filed and at that point they will have a hold on it. On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, the appeal of Alan .Fohnson condition No. 10 to meet the requirements of the Butte County Fire Department on tentative parcel map, AP 33-36-O1, two parcels, property located on the north side of Long Bar Road at Canyon Highlands Drive, OroviJ.le area be upheld; a note be placed on the parcel map that no further division of the parcel be approved with- out meeting the requirements of the Butte County Fire-Department. PUBLIC HEARING: MCKINNEY BROTHERS, INC. APPEAL OF DENIAL OF NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT AND TENTATIVE PARCEL MAP, AP 47- 26-183, THREE PARCELS,,PROPERTY LOCATED ON THE EAST SIDE OF HIGHWAY ~9$, 200 FEET SOUTH OF KEEPER ROAD, CHICO AREA The public hearing on McKinney Brothers, Inc. appeal of Advisory Agency's denial of negative declaration regarding environmental impact and tentative parcel map,, AP 47-26-183, three parcels, property located on the east side of Highway 99E, 200 feet south of Keefer Road, Chico area was held as advertised. Clay Castleberry, public works director, stated no further develop- ment could be made until drainage was solved. He has contacted Mr. Minasian on this matter. If a drainage district was formed there would be little problem. He is anticipating coming back in three weeks with a proposal for a simple county service area for maintenance in this area. It would be back before the final map was ready for recording. He would hope the property owner would be included in the maintenance district and that he would participate. Delbert Siemsen, deputy county counsel, stated they would have to adopt a plan and then an ordinance within 30 days. They would not be able to impose fees on this parcel. They will be recording these maps and creating a legal parcel. It would be difficult to'enforee. Hearing open to the public. Appearing: 1. Cal Bachman, engineer. Mr. Bachman stated there would be no (problem in being a portion of the district. There was a question of cost< (Where there is no specific plan, it is hard to say. Mr. Castleberry stated they could require the applicant take it from his property to the slough. By itself it is difficult for this parcel. Page 311. October~l4, 1980 80- 3 October 14, 1980 Mr. Bachman stated one-third of a mile of pipe would be a sign- ificant amount and with no one to share the cost. Hearing closed to the public and confined to the Board. On motion of Supervisor Wheeler, seconded by Supervisor Winston and carried, finding that the proposed project could not have a significant effect on the environment a negative declaration is recommended. Mr. Bachman stated at the gresent time they signed a covenant with Public Works for curbs, gutters and sidewalks. It is a signed agreement. Mr. Castleberry stated he would not consider it as appropriate where they have current proposal for drainage before the Board. Mr. Semsen did not believe there was any provision in the map acto They could be xequired to drain the water and reomve it. Mr. Castleberry stated the proposal could be ready within 90 days. On motion of Supervisor Wheeler, seconded by Supervisor Winston and carried, moved that condition for drainage be imposed on the conditions that drainage to the closest natural channel; ~he:~project of McKinney Brothers, Tnc. tentative parcel map, AP 47-26-183, three parcels, property located on the east side of Highway 99E, 200 feet south of Keefer Road, Chico area be approved; said project conforms with the Land Use Element of the General Plan; and subject to the following conditions: 1. Provide 2-way traversable access 2tS-8-LD-III to each parcel from a county maintained road or state highway. 2. Access to be reserved in deeds as per county ordinance .and offered for dedication on the final map. 3. Show 50-ft. building setback line measured from centerline of access easement. 4. .Provide road maintenance agreement. 5. Indicate a 50-ft. building setback from the easterly right-of-way line of Highway 99. 6o Show all easements of record on the final map. 7. .Provide street name signs per requirements of the Department of Public Works prior to recordation of the final map. 8. Provide permanent solution for drainage. 9. -Pay off any assessments. 10. Provide cul~de-sac at the end of the street. 11. Obtain encroachment permit and construct standard road approach providing adequate sight distance. 12. .Pay any delinquent taxes. 13. Meet the requirements of the Butte County Fire Department. 14. Obtain encroachment permit from Cal Trans for work on State right- o£-way. Page 312. October 14, 1980 October 14, 1980 80- 15. Provide area for wells, and 100 feet leach field free area around said ~ area for parcels one and two. 16. Provide 100 feet leach field free area around existing wells within and within 100 feet of property boundaries. 17. Provide that required amounts of water are available for each parcel prior to filing the final map. 18. Drainage to go to the closest natural channel. AYES: Supervisors Wheeler, Winston and Vice Chairman Moseley NOES: Supervisor Dolan ABSENT: Chairman Lemke 1624 PUBLIC HEARING: PHILIP CALDWELL APPEAL OF CONDITION N0. 15 ON A TENTATTVE PARCEL MAP,.AP 27-10-13, FOUR PARCELS, PROPERTY LOCATED ON THE SOUTHEAST CORNER OE RESERVOIR ROAp AND GREER AVENUE,. PALERMO AREA The public hearing on Philip Caldwell appeal of Advisory Agency's condition No. 15 (meet requirements of the Butte County Fire Department) on a tentative parcel map, AP 27-10-13, four parcels, property located on the southeast corner of Reservoir Road and Greer Avenue, Palermo area was held as advertised. Clay .,Castleberry, public works director, stated the subject property was located southeast of Oroville in the Palermo area. The condition is the requirement of the fire department. Another division in ,the rural area and is here on appeal. Supervisor Winston stated on May 28, 1980 Mr. Sager stated the protection was adequate to meet the General Plan. Hearing open to the public. .Appearing: 1. Philip Caldwell, owner. Mro Caldwell stated he had no problem with disposing of debris. It is bare land. They will need to install a water tank or pond. He feels this is an undue hardship financially. If they need water they can-put a hose in the OWID ditch. -There was a map approved August 25, 1980 which is just across from this property which is less than one-forth of mile from this property. Hearing closed to the public and confined to the Board. Supervisor Dolan questioned when they would be getting the manual before them so they are not stabbing in the dark on these appeals. Bettye Blair, planning director, stated they have been unable to meet with members of the Board. On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, finding that the tentative parcel map of Philip Caldwell, AP 27-10-13, four parcels, property located on the southeast corner of Reservoir Road and Greer Avenue, Palermo area, appeal of condition No. 15 does not conflict with the Butte County Clode or General Plan, the appeal was: upheld. YES: .Supervisors Wheeler, Winston and Vice Chairman. Moseley OES: Supervisor Dolan BSENT: Chairman Lemke Page 313. .October 14, 1980 80- 162 5 a. October 14, 1980 DISCUSSION: MOVING OF CiiICO WELFARE OFFICE TO OROVILLE CONTTNUED-OCT 21 - 2 PM Supervisor Dolan questioned whether the discussion on moving the Chico Welfare Office to Oroville could be heard at this time. Were they going to set a public hearing for that item. .Supervisor Wheeler stated that could not be answered until Mr. Crisan was present. Clif Nickelson, administrative officer, stated Mr. Crisan was speaking at a luncheon engagement. Supervisor Dolan stated during August 1977 the Board of Supervisors set a public hearing in Chico to consider opening an office. She read from the minutes of August 1977. She felt if they were-going to reverse their action it should be considered at a public hearing. There was a motion by Supervisor Aolan, seconded by Vice Chairman Moseley, the Board of Supervisors hold a public hearing in Chico for any reconsideration of the Welfare Office being moved to Oroville. Supervisor Wheeler stated before she could support such a motion she would like to speak with staff and Mr..Crisano Vote on motion: AYES: Supervisor Dolan and Vice'~:Chairman Moseley NOES: Supervisors Wheeler and Winston ABSENT: Chairman Lemke Motion failed, 1626 1627 Vice Chairman Moseley stated they would consider this item on October 21, 1980 at 2:00 p.m. -ADOPT URGENCY ORDINANCE 2151 RE: LOAD LIMIT ON ESTATES DRIVE AND ENTLER AVENUE Beth Metzk.er, Estates Drivee Ms, Metzker stated they would like to see the ordinance passed regarding the load limit on Estates Drive and Entler Avenue because of the rain and cracks. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, urgency Ordinance 2151 as requested by residents that would prohibit the use of Estates Drive and Entler Avenue by commercial vehicles exceeding a gross weight of 14,000 pounds was adopted and the Chairman authorized to sign. APPEARANCE: MARILYN THRACHER Marilyn Thracher, Oroville. Mrs. Thracher spoke regarding the Senior Citizens Meals on Wheels. When they became separated from Superior California and the program was handled by Community Action Agency there were a number of changes. A clock to recard working hours was installed. There were problems in using it and then it broke. There were problems with staff. Supervisor Winston stated he knew what Mrs.. Thracher had done with the Senior Citizens Meals on Wheels. When this program was turned over to Community Action Agency they must now operate under the personnel rules and regulations. -This Board cannot do a thing until she has gone through the appeals procedure. Supervisor Moseley stated maybe they should contact Rosemary Howard. She does not want to see this program fail. The help is being overworked. Page 314. October 1#, 1980 80- *** 1628 1b29 1630 October 14~ 1980 _ _ _ aim McNaughton, Community Action Agency executive director, stated there is an appeals board set up. This matter is a personnel action. If the Board or Mr. Nickelson would like to monitor his office or the three Meals on Wheels office they could check them today. There has been discussion regarding independence< The Advisory Board has given its overwhelming support. He had no problem with that. They get nothing out of these programs. It does not pay his accountant's salary. .Supervisor Moseley stated they never had the problem until Community Action Agency took over the program. Mr. McNaughton stated there were certain problems. The personnel action has to be totally separate, The letter of determination says nothing about independence. The request to become independent came from the Oroville site Advisory Board. The University Foundation handles it and would be the body to notify. G1if Nickelson, administrative officer, stated if the Board wants to send a notice of intent to not continue on as the sponsor for Butte County through Community Action Agency it is their policy. Supervisor Winston stated they have no jurisdiction over CAA with Area Agency on Aging. Tt is not a public hearing. Since this is a personnel matter they should drop the matter until after the hearing. Mr. Nickelson stated it would be up for review in November or December. They could put together a proposal. Mrs. Thracher will have to go before the Personnel Appeals Board. The matter will be tabled for now. David Mackey, Nelson Avenue, Oroville. Mr. Mackey stated he was before the Board three weeks ago about an interim zone on a parcel in Thresher Tract. They would like it changed from "AR" to "AR-MH" in order to place a mobile home on the property. This is for AP 27-04-12. It is across the street from his previous request, There is already a mobile home on the property. They would like to close escrow so would like it. done today. On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, Ordinance 2152 an interim zone on AP 27-04-12 from "AR" to "AR-MH" for a period of 120 days was adopted and the Chairman authorized to sign. Sa11y Laurie stated she would like to see the Oroville Senior Citizens Nutrition Program out from under the Community Action Agency. They signed a petition and wrote a letter. The Advisory Board signed the petition as well as staff. They do not want it under CAA. They never had any trouble until they took the program over. APPEARANCE: ELLIS ROLLS Ellis Ro11s, representing Drake Homes. Mr. Ro11s spoke regarding Ithe paving requirements on Howard Drive area. On motion of Supervisor Wheeler, seconded by Supervisor Winston and carried, the requirement far seal coat on the full width of the street as a requirement of the encroachment permit was deleted subject to the Applicant holding county harmless while the work is being done on the encroachment permit and the developer to post bonds in order to insure reimbursement for-any damages done to the public property. Page 315. October 14, 1980 _____~W_____ October l4, 1980=====___~__~~____ 80- 3 1631 RECESS: 12:45 p.m. RECONVENE: 1:43 p.m. ADOPT RES0LUTION 80-216 SACRAMENTO AVENUE ASSESSMENT DISTRICT____ Robert Brunsell, bond counselo Mr. Brunsell stated on the Sacramento Avenue Assessment District the time for the payments have expired and they have obtained an offer to purchase the bonds. In the past it has been the practice to go to bid. There was usually only one bid. They have negotiated an offer. The bond market is very volatile at present. Investment houses have been reluctant. There is no campetition at all. The 10 percent bonds were discounted to 8 percent. They would recommend this offer. Mr. Brunsell set out how the discount works. An award of the bid will be held November 4. On motion of Supervisor Winston, seconded by Supervisor Dolan and carried, the following action regarding Sacramento Avenue Assessment District No. 1 was approved: 1. Authorized filing of paid and unpaid assessments list. 2. -Authorized filing of commitment letter on the sale of bonds. 3. .Adopted Resolution 80-216 ordering sale of bonds. 1632 Mark Risso, engineer for McCain & Associates, stated the U.S, Corps of Engineers has requested they change the fall pipe'to 22 foot at the lower end. This meets the criteria and the permit is to be forwarded to his office. PUBLIC HEARING: ADOPT RESOLUTION 80°217 AND 80-218 RE: MEYERS STREET ASSESSMENT DTSTRICT~. The public hearing on Meyers Street Assessment. District was held as advertised. Robert Brunsell, bond counsel. Mr. Brunsell stated a hearing was held. The work has been constructed and the project is now at the second and final hearing. The only issue today is concerning any objections. The Clerk has indicated there have been no protest letters, Clay Castleberry, public works director, stated there was a letter ,regarding clean up work by the contractor. It will be done. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. 1633 Mr. Brunsell stated there are two resolutions for adoption. He felt the letter Mr. Castleberry referenced to should be considered a protest letter. On motion of Supervisor Dolan, seconded by Supervisor. Wheeler and carried, Resolution 80-217 overruling protests on the. Meyers. Street Assessment District No. 1 was adopted. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, Resolution 80-218 confirming the assessment on the Meyers. Street Assessment District No. 1 was adopted. PUBLIC HEARING: RAY HOLT APPEAL OE CONDITION N0. 11 ON TENTATIVE PARCEL MAP, AP 58-21-103, FOUR PARCELS,,PROPERTY LOCATED ON HIGHWAY 70 AT DETLOW ROAD CONCOW AREA The public hearing on Ray Holt appeal of Advisory Agency's condition No. 11 (meet the requirements of`~~kfe Butte County Fire Department) on a Page 316. October 14, 1980 80- a October 14, 1980 tentative parcel map, AP 58-21-103, four parcels, property located on Highway 70 at Detlow Raad, Concow area was held as advertised. Clay Castleberry, public works director, stated they do not have a map to put up. It is another Fire Department requirement in the Concow area adjacent to Highway 70. It will be much better when the Board has a policy. Hearing open to the public. Appearing: 1. Gordon Shields, Paradise. Nr..Shields stated the Fire Department requires a fire hydrant. It is in the rural area. Hearing closed to the ~3ublcr~and confined to the Board. There was a motion bg Supervisor Winston, seconded by Supervisor Wheeler, that the appeal of Ray Holt on Advisory Agency condition ~kll (meet the requirements of the Sutte County Fire Department) on a tentative parcel map, AP 58-21-103, four parcels, property located on Highway 70 at Detlow Road, Concow area be upheld. Supervisor Dolan stated this was the same condition as hearings held earlier. Could there be a requirement where any further division the Fire Department condition would be met. Nr. Castleberry stated this was different. There was no public water system for this mornings hearing, it was across the street from OWID. It is a never ending problem, Vote on motion: AYES: Supervisors Wheeler, Winston and Vice Chairman Moseley NOES: .Supervisor Dolan ABSENT: Chairman Lemke 1634 1635 (APPROVE BUDGET TRANSFER On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the following budget transfer was approved: B-24 - Community Action Program. Establishes the budget for the 1981 Rural Senior Service Project grant in the amount of $137,919 covering the period October 1, 1980 through June 30, 1981 which was approved by the 'Area Agency on Aging. Funding for the program is from state aid, $96,981; program income, $11,261; and in-kind contributions, $29,677. Discussion was held regarding the hiring of architectural firms for rehabilitation projects in the E1 Medio area. Supervisor Winston questioned why an architect was needed. He felt a building inspector could handle the work. It is a fine profession but they are perfectionists. .With a rehabilitation program he did not feel it was quite practical. C1if Nickelson, administrative officer, stated it is their respon- sibility and the Building Department for major rehabilitation plans. Some are required to go to bid. .Some of the Building Department do not have the time. Gerald T,ively, deputy administrative officer, stated they had met with HUD and they recommended this. They provide the funds. The projects are with a public agency using p'[~S.c funds. Mr. Connerly's minimum was $600 Page 317. .October 14, 1980 October 14, 1980 $0- per house. They have to draw these plans. The first step would be to find ~ out if it was feasible project-and whether to go any further. There would be 23 houses, not any more than that. There is $193,000 in the budget. They will be made aware of .each service. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, an architectural firm be hired on an as-needed basis to perform certain services in conjunction with the Housing and Community Development program in the E1 Medio area was approved; the Administrative Officer authorized to contract for the services as the need arises. AYES: Supervisors Dolan, Wheeler and Vice Chairman Moseley NOES: Supervisor Winston ABSENT: Chairman Lemke 1636 ADOPT RESOLUTION 80-219, 80-220, 80-221, 80-222 AND 80-223 RE: SOUTH OROVTLLE Robert Brunsell, bond counsel, stated this was an unusual proposed assessment district. It is a project to bury the old drainage ditch which was put in during the 1930's. It is a nuisance and hazard for small children. The budget for this project is being done as a Farmers Home Administration Grant. It is the sum of $12,500. They are conforming to federal regulations. He feels this is the type of project which should be done and he is happy to be a part of it. On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, the following actions regarding South Oroville Assessment District ere approved: 1. .Authorized filing of Boundary Mape 2. Adopted Resolution 80-219 approving boundary map. 3. Adopted Resolution 80-220 showing intention. 4. .Adopted Resolution 80-221 setting the hearing for determining public convenience and necessity for November 18, 1980 at 10:00 a.m. 5. Authorized filing of engineer's report. 6. Adopted Resolution 80=222 accepting the engineer's report and setting a public hearing of protests for November 18, 1980 at 10:00 a.m.; approve plans and specifications; the Chairman and Director of Public Works authorized''to sign the°°?plans';" authorized to adopt wag-e.~.seale.-•.: ~~ -- 7. Adopt. Resolution 80-223 calling for construction bids to be opened November 13, 1980 at 11'.:00 a.m. in the Public Works -0ffice. 8. Authorized filing of notice of improvement. 1637 ET PUBLIC HEARING DATES 1. Set a public hearing date for November 4, 1980 at 10:00 a.m. for John. Adams petition for variance to Sections 19-10 and/or 19-12 of the utte County Code for placement of a mobile home on AP 31-17-2-72, 2026 6th treet, Oroville area; zoning "ARMH". 2, Set a public hearing date for November 4, 1980 at 10:00 a.m. or Lucille Fowler petition fo ariance to Sections 19-10 and/or 19-12 of the utte County Code for placemen~ of a mobile home on AP 27-24-22, 7795 Palermo- : oncut Highway, Palermo-Honcut area; zoning "A-5". ,1638 PPROVE VARIANCE RENEWALS On motion of Supervisor Wheeler, seconded by Supervisor Winston and arried, the following variance renewals were approved: Page 318. October 14, 1980 October 14, 1980 80- 1. Approved A. H. Lindquist petition for renewal of variance to 3 Sections 19-10 and/or 19-12 of-the Butte County Code for placement of a mobile home on AP 27-09-024, 2760 Louis Avenue, Oroville area; zoning: "A-5". 2. ,Approved I. E. Tyrer petition for renewal of variance to Sections 19-10 and/or 19-12 of the Bute County Code for placement of a mobile home on AP 56-09-048, Box 112 Cohasset Stage, Chico area; zoning: "TM-5". 1639 PPROVE PUBLIC HEALTH MILR EXAI+IINATION CONTRACT AND WATER SAMPLE TESTING CONTRA On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, the following Public Health items were approved: 1. ,Approved Contract ~~9157 with State Department of Food and griculture covering milk examination laboratory services to be performed by utte County £or the state for period 3uly 1, 1980 through .Tune 30, 1981; revenue contract in the amount of $2,498.89;:and the Chairman authorised to ign. 2. Approv~lAgreement ~~79-75978 with the State Department of Health ervices covering water sample testing services to be performed by Butte ounty for the state during the period October 1, 1980 through September 30, 981; revenue contract in the amount of $3,800; and the Chairman authorized o sign. 1640 '1641 1642 On motion of Supervisor Winston, seconded by Supervisor Wheeler and arried, the contract with Butte County Superintendent of Schools !to provide ublic health nursing services in selected school districts and schools within he county during the current fiscal year; revenue contract in the amount of 17,400; was approved and the Chairman authorized to sign. Supervisor Winston stated at budget time there should have been more sideration of the Health Services budget. There is a lot of money invalved their budget. Clif Nickelson, administrative officer, stated they could not cut s budget without holding public hearings. On motion of Supervisor Winston, seconded by Supervisor Dolan and arried, the County Health Services Plan and budget in accordance with Sections 6700 ~ 16713 of the Welfare and Institutions Code; would allow a maximum 1location of $1,028,509 to cover a portion of anticipated costs during the fiscal year was approved; and the Chairman authorized to sign the certification nd the Director of Public Health authorized to submit the plan and budget o the state. Bob Crisan, welfare director, stated he felt everyone should have the Dame information when the discussion regarding the changes of 'dhe Chico Welfare Iffice is held next week. Mr. Crisan stated Supervisor Dolan had met with members of his staff and would like the same information be given to him for his presentation. Supervisor Dolan stated it was an informal meeting. She only had rough notes. The information was the same as in Mro Crisan's memo to the Board, C1if Nickelson, administrative officer, stated he felt it was risky at best fora Board member to hold meetings with employees of departments without the department head being present. This could cause a -tendency to destroy a department heads authority. Page 319, .October 14, 1980 October 14,-1980 80- Supervisor Dolan stated the meeting was very informal. It was not 3 organized or premeditated, .Some of the employees do want to keep the Chico office open< 1643 On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, the following Public Works items were approved: 1. Adopted::Reso3ution 80-224 authorizing the execution of Program Supplement ~k16 to Master Agreement ~~03-5912 (federal projects) covering the funding of traffic signal installation of East Park Avenue and Fair Street in Chico, Project ~~M-Y762(l); funding is federal, $80,924 and state 169.1 funds, $13,076; total, $94,000; and the Chairman authorized to sign. 2. Approved right of way agreement as follows: Rieht of way agreement - Lower Wyandotte Roadd_, Pro'ect ~'~23511-79-1 1644 bower Wyandotte Road. Robert Meier, of ux 1.0 acres Price: $4,000 - No improv. authorized the Chairman to sign; and authorized the Auditor to issue a warrant upon demand of the county's escrow agent. 3, .Approved SB 325 non-transit claim for 1980-81 covering the county's request for allocation of funds from Butte County Association of Governments to cover-road and bridge maintenance and road projects included iri the budget. MOTION TO WAIVE SEGOND READING OF ORDINANCE ADDING SECTION 14-50 TO BUTTE COUNTY CODE REGULATING OVERNIGHT PARKING OF COMMERCIAL VEHICLES - CONTINUED TO OCTOBER 21, 1980 Clay Castleberry, public works director, stated it wouldn't be necessary to sign the whole area. Xolo County had a similar ordinance, but slightly differento Their ordinance set time 13mit . There was a motion by Supervisor Wheeler, seconded by Supervisor Winston, waived the second reading of an ordinance adding Section 14-50 to Butte County Code regulating overnight parking of commercial vehicles. Dan Blackstock, county counsel, stated the ordinance they had before them would not require many signs. Supervisor Dolan stated the problem arising from the high cost factor was their considering other areas to be included in the ordinance. Supervisor Wheeler stated this ordinance was for specific area. Tn a short time that area will be annexed. These people are asking for relief. The trucks are damaging the road ways. Mr. Blackstock stated he would recommend they put up signs for every road. Load limit signs are governed differently. Amendment to motion: To place signs at discretion of Public Works for entrance and exit, Vote on motion: AYES: Supervisor-Wheeler and Winston NOES: .Supervisor Dolan and Vice Chairman Moseley ABSENT: Chairman I,ein'~'; -Page 320. .October 14, 1980 October 14, 1980 80-' Motion fails. Public Works Director is to furnish Board with copy of Yolo County's ordinance. Continued waiving seoond;~reading of ordinance regulating overnight parking of commercial vehicles. 1645 ACCEPT FINANCIAL CONSULTANT FOR CHICO AND GRIDLEY LIBRARIES Consideration of selecting a financial consultant for the Chico and Gridley libraries was held at this time. James Johansen,. auditor, set out the four proposals which he presented to the Board members. The Bartle W'ells~Assoeiates is the lowest cost but has an open ended proposal. .Additional services would be at $80 to $90 per hour rate. If they feel lease and lease back is the only way to go or available they could go with Stone & Youngberg. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, accepted the proposal of Bartle Wells Associates, listed as item No. 4. Dan Black stock, county counsel, stated he did not anticipate using the hourly rate often. He would schedule a first meeting with the consultant and the county operators, bond counsel and financial counsel so they can get a first deed, He would prepare a memo for the Board members to make them aware of the people who are going to be involved. It is a nonprofit organization. 1646 REPORT REGARDING SOUTHEAST CHICO REDEVELOPMENT PROJECT CONSIDERED DURING E%ECUTIVE SESSION HELD EARLIER Dan Blackstock, county counsel, stated during the executive session *** held earlier regarding the Southeast Chico Redevelopment Project they are dealing with a potentially large county loss. During the meeting it was decided to make no decision whether to proceed or not to proceed with litigation. At the City of Chico Council meeting tonight a representative will attend the meeting and request that the City assist is seeing that the funds be used in the Chapmantown area. They will also request that the City meet with the county. 1647 CONTINUED HEARING: WAIVED FIRST READING OF ORDINANCE AMENDING CHAPTER 20 AND 24 OF THE BUTTE COUNTY CODE REGARDING REGULATIOIQS AND CONTROL OF SUBDIVISIONS AND TO ZONING RE UIR]~NENTS The hearing on an ordinance amending Chapter 20 and 24 of the Butte County Code regarding regulations and control of subdivisions and to zoning requirements was held as continued. RECESS: 2.55 p.m, RECONVENE:. 3:13 p.m. Pa~e'~29.,`;Section 20-121: "With a public hearing." Page 30; No changes. Section 20-722: No changes. Section20=126: No changes. Section20-127: No changes. Section20-128: No changes. Section2Q""129: No changes. Page 321. October 14, 1980 October 14, 1980 80- 3 Section a4^130: No changes. ' Section 20-134: No changes. Section 2Q-135: No changes. .Section 20-136: No changes. Section 20-140: No changes. Section 20-141: No changes. Section 20-152: No changes. Section 20-153: No changes. Section 20-155: No changes. Section 20-156: No changes. Section 20-161: No changes. Section 20-162: No changes. Section 20-180: No changes. Section 20-210: No changeso Section 20-210.1: No changeso On motion of Supervisor Dolan, seconded by Supervisor Winston and carried, waived the first reading of an ordinance amending Chapter 20 and 24 of the Butte County Code regarding regulations and control of subdivisions and to zoning requirements, COMMUNICATIONS Lippincott Surveying, .Paradise. The surveyors, on behalf of Joseph Brauer and York and Burnett Bourgeois, appeal the Advisory Agency's conditions 8 and 9 on a tentative parcel map, AP 55-37-33, 34 and 3b, 14 lots, property located on the south side of Wayland Road, west of Poster-Road, Paradise area. Set for public hearing on November 18, 1980 at 10:15 a.m. Janis Eckard, Orangevaie. Ms. Eckard writes concerning qualification of obtaining affidavits as part of the public hearing on a tentative parcel map held September 30. Public Works Director to handle. Clay McGowan, Chica. Mr.-McGowan writes concerning the need for clean-up and repairs in follow~up to work on the Meyers .Street Assessment District in Chico. Handled earlier in the meeting. Thomas and Judy Zee, Chico. Mr. and Mrs. Lee write expressing their concern about the building of condominiums in the Butte Creek area. Information; no action taken. George Robison, Oroville. Mr. Robison writes requesting clarification on the payment of fees as part of the withdrawal of AP 27-04-64 from a Land Conservation Agreement. .See motion following communications. 1648 Page 322, October 14, 1980 80- b 1649 October 14, 1980 Paradise Recreation District. The district writes asking that the Board support Proposition 1 on the November ballot, the California Parklands.Act of 1980. -Information; no action taken. Castleman, Haskell & Kahn, attorneys at law. The attorneys, on behalf of Richard E. Trevino, submit a claim for alleged damages in the amount of $3,000,000 as. `a result of injuries on July 11 on -0ro Dam Boulevard East, Oroville. See motion following communications. Welfare Rights Organization. The organization writes concerning hardships experienced by clients having to travel to the Oroville Welfare Office. To be handled at October 21, 1980 meeting. Sierra Del Oro Property Owners Association. The association writes concerning the need for a county ordinance in controlling street parking'of commercial vehicles in residential areas. Discussed earlier in the meeting. Robert M. Huskey, on behalf of Wilburn Huff, appeals the Advisory Agency's condition 15 (meet the requirements of the Butte County Fire Depart- ment) on tentative parcel map, AP 62-07-366, three parcels, east side of Bald Rock Road, 1-1/2 miles south o£ Oroville-Quincy Highway, Serry Creek area. Set for public hearing on November 4, 1980 at 11015 a.m. Robert M. Huskey, on behalf of Gordon Boatright, appeals the Advisory Agency's condition 15 (meet the requirements of the Butte County Fire Department) on tentative parcel map, AP 62-07-367, three parcels, east side of Bald Rock Road, 1-1/2 miles south of Oroville-Quincy Highway, Berry Creek area. .Set for public hearing on November 4, 1980 at 11:15 a.m. Robert M. Huskey, on behalf of William Peaker, appeals the Advisory Agency's condition 8 (meet the requirements of the Butte County Fire Depart- ment) on tentative parcel map, AP 36-13-94, four parcels, southwest corner of Mt. Ida Road and Wyandotte Miners Ranch Road, Oroville area. .Set for public hearing on November 4, 1980 at 11:15 a.m. Robert M. Huskey, on behalf of Walter Laun, appeals the .Advisory Agency's denial of proposed negative declaration and tentative parcel map, AP 28-27-155, four parcels, south side of Bangor Park Road, 1/2 mile east of Dunstone Drive,-Oroville area. Set for public hearing on November 4, 1980 at 11:15 a.m. Dan and Cathy Jenks, Chico, writes requesting zoning be initiated to "R-3" for AP 044-33-0-016-0, property located on Burnap Avenue between Eaton Road and Lassen Avenue, Chico. Supervisor Wheeler to report back October 21, 1980, U. S. Department of Tabor writes regarding response to findings of audits on CETA grants. Referred to Personnel Director and County Counsel. GEORGE ROBISON BE ALLOWED TO CANCEL HIS LAND CONSERVATION ACT AGREEMENT WITHDRAWAL Bettye Blair, planning director, set out the background an Mr. Robison's request. Ms. Blair noted the memo from Clark A. Nelson, county clerk recorder, regarding policy on withdrawals. Two of the property owners axe unable to pay the penalty for-withdrawal. Full payment of the penalty was a condition on Mr. Robison's tentative parcel map. Page 323. October 14, 1980 80- a 1650 _ _ October 14, 1980 _ _ _ _ _ _ Carl Richey, Oraville. Mr.vRichey is one of the five property owners involved in the Land Conservation Act agreement. He would be willing to pay Mr. Eddington and Mrs. Pate's share if he could have recourse in getting his money back. The balance of the property owners are ready to pay. .Dan Blackstock, county counsel, stated the Board should give notice of nonrenewal. The amounts could be broke down. On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, the amounts to be broken down for each parcel on the Osborn withdrawal from the Williamson Act agreement and the Clerk be required to accept for payment; the requirement for payment of $14,641e75 condition on George Robison, tentative parcel map, be reduced to the actual sums to be determined by the Assessor's Office for the Richey;Robison and Evans parcels. REJECT CLAIM On motion of Supervisor Wheeler, seconded by Supervisor Winston and carried, the claim of Castleman, Haskell & Kahn, attorneys at law, on behalf of Richard E. Trevino far alleged damages in ,the amount of $3,000,000 as a result of injuries on July ll on 0ro~DameBoulevard East Oroville was rejected and referred to Counsel and Risk Management Coordinator. EXECUTIVE SESSION: The Board recessed at 4:15 p.m. to hold an executive session regarding litigation. RECONVENE: The Board reconvened at 4:23 p.m. following an executive session regarding litigation. No announcements to be made at this time. ~D30T3RNMENT There-being nothing further before the Board at this time, the meeting was adjourned at 4:24 p.m. to reconvene on Tuesday, October 21, 1980 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK- RECORDER and ex-officio Clerk of the Board of Supawrisors Chairman, Boa rd of Superviso rs By Page 324. October 14, 1980