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HomeMy WebLinkAboutM10208181- ~' 2547 2548 2549 12550 2551 2552 2553 October 20, 1981 OF CAi,IFO1tNIA ) SS. OF BUTTE ) The Board of Supervisors met at 9:00 a.m, pursuant to adjournment. Present: Supervisors Dolan, Lemke, Saraceni and Chairman Moseley. C1if Nickelson, administrative officer;. Del Siemsen, county counsel; and Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board. Absent: Supervisor Wheeler Pledge. of Allegiance to the Flag of the United States of America Invocation by Supervisor Lemke APPROVAL OF MINUTES On motion of Supervisor Dolan, seconded by Supervisor Lemke and carried, the ,minutes of October 13, 1981 were approved as mailed with the correction to minute order 81-2527, page 341, paragraph 3 to reflect Article 34 of the Constitution instead of Article 24. ADDITIONAL AGENBA ITEMS BY BOARD MEMBERS TO BE .ADDRESSED AT THE END OF THE DAY Supervisor Lemke stated he had a letter on the areas in the upper ridge for adoption of the leash law. He also had a letter from Wilbur Stanley. APPROVE MEMORANDUM OF UNDERSTANDING TN PRINCIPLE SUB3ECT TO FINAL RATIFICATIONS On motion of Supervisor Lemke, seconded by Supervisor Dolan and carried, the Memorandum of Understanding between the county and union negotiators for this year's agreement was approved in principle subject to final ratification following signing by the negotiators. ADOPT ORDINANCE 2253: WAIVE SECOND READING OF SALARY ORDINANCE AMENDMENT On motion of Supervisor Dolan, seconded by Superrrisor Saraceni and carried, the second reading of the salary ordinance amendment that implements the 2% retroactive salary adjustment as agreement in the Memorandum of Understanding with. the union was waived; Ordinance 2253 was adopted to tie effective November 21, 1981 and the Chairman authorized to sign. REVIEW 1981 ASSESSMENT AND APPROVE-1982 AFFIRMATIVE ACTION ASSESSMENT PLAN On motion of Supervisor Lemke, seconded by Supervisor Saraceni and carried, the 1981 assessment of the 1981 Affirmative Action Program was reviewed and the 1982 Affirmative Action Plan was approved. APPROVE MEMORANDUM OF tNDERSTANDING WITH DEPARTMENT OF LABOR, OFFICE OF INSP~7CTOR GENERAL FOR CETA PRIME SPONSOR/'SUBGRANTEES AUDIT On -motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, the Memorandum of Understanding between the county and the Department of Labor, Office of Inspector General, to conduct a unified audit of the county as a CETA prime sponsor and its'subgrantees with all the corrections set out in the memo from the Personnel Director was approved and the Chairman authorized to sign. AUTHORIZE ACQUISITION OF AUTOMATTC.SHEET FEEDER AND RENTAL OF ADDITIONAL 'INPUT STATION FOR COUNTY COUNSEL'S OFFICE It was moved by Suaervisor. Lemke, seconded by Supervisor Dolan (that acquisition ,of•the-automatic~sh~et feeder.~or~thetword-,processor be approved; that rental of an additional input station be approved for the word processor in County Counsel's Office at no additional cost. Page 350. October 20, 1981 81= 3 October 20, 1981 _ - _ T - - Cla.f-Nickelson, administrative officer, stated that the Auditor's Office was interested in this matter because it would give then a much better capacity to have the printing of the budget done with the equipment in Counsel's Office. Del Siemsen, county counsel, set out how the automatic sheet feeder would work. The additional input station would be on a rental basis. Vote on motion: AYES: Supervisors Dolan, Lemke, Saraceni and Chairman Moseley NOES: None ABSENT: Supervisor Wheeler Motion carried. 2554 2555 2556 ADOPT RESOLUTION 81-244 MODIFICATION OF OFFICE HOURS FOR CHICO MUNICIPAL COURT On motion of Supervisor Dolan, seconded by Supervisor Lemke and carried, Resolution 81-244 implementing a change of gffice hours as authorized by Butte County Code Section 2=1 (Ordinance 2241) for the Chico Municipal Court was adopted and the Chairman authorized to sign. ADOPT RESOLUTION 81-245 MODIFICATION OF OFFICE HOURS FOR RECORDER'S OFFICE On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, Resolution 81--245 implementing a change of office hours as authorized by Butte County Code Section 2-1 (.Ordinance 2241} for the Recorder's Office was adopted and the Chairman authorized to sign. APPROVE PENALTY ABATEMENT REQUESTS, CHANGE OF OWNERSHIP REPORTS On motion of Supervisor Saraceni, seconded by Supervisor Lemke and carried, the following penalty abatement requests were approved: Mary Ann Rogers, AP 068-19-0-034=0 Richard A. Pascual, AP 004-07-1-011-0 and AP 004-07-1-015-0 Betty J. Panesi, AP 028-30-0-028-0 12557 Clif Mi.cleelson, administrative officer, stated-they had been trying to find away not to have to bring these matters to the Board. They will try to bring these to the Board twice a month. They are looking into possiblyi-paving way to take automatic action for approval of those requests within the 60-day period. APPROVE BUDGET TRANSFERS Discussion of budget transfer B-54 held at this time. Jim Rackerby, personnel director, stated that the rents and leases for this transfer is for the clerical school. Sugervisor Saraceni stated that both budget transfers B-55 and B-57 are taking money from the reserve. If they do not hold to the budget, then they will be back to making expenditures that are not accounted for. Clif Nickelson, admin.a_strative officer, stated that the District Attorney`s workload is such that he cannot effectively try cases with the extended vacation of one employee. Because the District Attorney's Office has been running tight and vacation time has built up to the point that the employee would lose the time if it were not taken. The District Attorney has a problem. The regular help positions of attorney, investigator and clerk were deleted during the budget hearings. Page 351. October 20, 1981 Sl- a October 20, 1481 Supervisor-Dolan stated that when the cats were made the Board cnew it would hurt and knew there would be a reduction in services. The Board cannot tell the District Attorney to cut the cases of prosecution. this situation exists in many other departments and others within this department as far as vacation is concerned. They cannot deny someone their vacation. Hal Broolc district attorney`s office, stated that they had requested on an emergency basis two positions prior to the budget, which were approved based on the workload to relieve the attorney level. These positions were granted by the Board'and then frozen and then deleted. The problem is that the District Attorney is involved in relieving attorneys and he can no longer keep up. They have attempted to keep the budget down as much as possible. There were $5,000 in overtime funds deleted from their budget. There is $1,700 in extra help which will not cover this situation. He felt that the budget transfer was a stop gap measure at this time. Supervisor Saraceni stated that next year will be even worse. He questioned where the money would come from, if the county continues to dip into the reserve. Mr. Brooks stated that he felt this transfer was justified on the basis of an emexgency based on the present staffing and workload. They have made every effort to stretch the personnel to cover what the budget allows. Mr. Nickelson stated this was a similar situation in budget transfer B-57. There is the alternative of filling a full-time position in that court. The cost of extra help is less than filling a full-time position. The reserve is about $2.3 million and with the 2 percent increase in salaries this brings the reserve down to $1.9 million. On motion of Supervisor Lemke, seconded by Supervisor Dolan and carried, the following budget transfers were approved: B-51 - Fariu Advisor and Jail budgets. Transfers $600 from Buildings and Grounds maintenance-of structures (.TSF) within the Sheriff's Incarceration budget to a similar account within the farm and Home Advisor's budget in order to clarify a final budget action within the Buildings and Grounds major maintenance budget. B-52 - Supplemental Manpower Programs. The purpose of this transfer is to appropriate the carry forward funding of the Manpower program for federal fiscal year 1981-82. Within the administrative cost pool appropriates $486,593 within various projects. Within Title ZTB appropriates $469,321 within various projects. Within the Vocational Education Program appropriates $24,656. Within-Title TU SYEP Program appropriates $55,428 within various projects. Within Title VIT appropriates $115,461 within various projects. The total amount of this transfer is $1,151,459 with funding doming from unanticipated revenue. B-53 - Community Action Pro ram. Transfers $L,000 from salaries and wages to consultant services in order to cover the cost of the audit for the Community Action Agency Housing Winterization Program - Bound V and is deemed to be within the grantor agency guidelines.. B-54 - Manpower Administration - Economic Development Plannin Grant. Transfers $1,286 from rants and leases of equipment to rents and leases of structures in order to cover existing office space xental. Page 35~. October 20, 1981 October 20, 1981 81. B-55 - District Attorney. Transfers $2,432 from the reserve to b' extra help within the District-Attoxney's budget in order to provide a necessary appropriation to cover attorney extra help during a vacation neri nd _ B-56 -Planning - Environmental Review. Transfers $808 from office expense (outside purchases) to extra help in order to provide the budgetary appropriation to cover extra help expenses prior to adoption of the budget. B-57 - Paradise Justice Court. Transfers $1.,500 from the reserve to extra help in order to allow the hiring of an extra help clerk typist pending approval of-the request to fill ai~.half-time position currently under review. B-58 - County Counsel. Transfers $2,100 from fixed assets - equipment to rents and leases of equipment in order to provide the necessary ', appropriation for the acquisition of an additional work processing input unit. 2558 APPROVE MENTAL HEALTH PLAN PHASE II ', On motion of Supervisor Lemke, seconded by Supervisor Dolan and carried, the Mental Health Plan Phase II which adjusts the gross program budget amount to $2,613,383 with no county funds included in the budget was approved and submittal of the plan to the State Department of Mental Health was authorized. 2559 PUBLiC HEARING DATE SET ', A public hearing, date of November 10, 1981 at 10:00 a.m. was set for consideration of Roy McWilliams petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 56-12-65, 142 D Cohasset Stages Chico area. Zoning: "TM-5" 2560 APPROVE VARIANCE RENEWALS 2561 On motion of Supervisor Lemke, seconded by Sup.~rvisor Saraceni and carried, the following were approved: 1. Bruno Campostrini renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 25-23-66, Mom's Lane, Oroville,area, zoning: "A-5" 2. Richard Reese renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 63-04-101, Derr Road, Forest Ranch area, zoning: "TM-5" 3. Otis Sparks renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 27-23-29, Cox Lane, Palermo area, zoning.: "A-5" APPROVE CONTRACT CHANGE ORDER N0. LAND AUTHORIZE FILTNG OF NOTICE OF COMPLETION AND APPROVE BUDGET TRANSFER B-26 FOR SOUTH OROVILLE IMPROVEMENT PROJECT PHASE III PROJECT N0. 255-5A-81-1 Clay Castleberxy, public works director, stated he had been working with Ward Connerly and the Auditor on this project. They spent $882,000 in public works improvements. They project is about $300,000 complete. The overrun requires the contract change .order. There are HUD funds to cover this project with the exception of $15,281. Along with approval of the contract change order, he asked that the Board also approve budget transfer 8-26 taking $15,281 from the road reserve for this project. Mr. Connerly has advised him that he believes that much of this can be covered by HUD funding and. brought back. The estimate for the engineering Page 353. October 20, 1981 81- v 2562 October 20, 1981 on the project is overestimated and there is not enough money for engineering. They will be back from that. He will be proposing some reductions in the engineering staff. On motion of Supervisor Saraceni, seconded by Supervisor Lemke and carried, the following items were approved: 1. Contract Change Order No. 1 in the increasing amount of $38,901.55 that provides for the removal of unsuitable material and the placement of subsurface drains at various locations on the pmject and widening and placing of eurb,gutter and sidewalk on the-east side of Fallbrook Avenue for the South Oroville Improvement Project, Phase III, Project No. 25505A-81-1 and budget transfer B-26 to transfer $15,281 from the road reserve to the South Oroville Improvement Project, Phase III, Project No. 25505A-81-1, and the Chairman authorized to sign. 2. Accepted the work of P & H Construction Co., Inc. for the South Orovi.lle Improvement Project, Phase III, Project No. 25505A--81-1; authorized the Chairman to sign the notice of completion and directed the Clerk to file said notice with the Recorder. APPROVE PERPETUAL OPEN AREA EASEMENT CONVEYANCE FOR JAMES M. PAIVA On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, the perpetual open area easement for James M. Paiva to comply with the conditions of approval on muse permit for AP 47-19-07 was approved and the Chairman authorized to sign. 2563 APPOINTMENT TO THE NORTHERN CALIFORNIA HEALTH .SYSTEMS AGENCY _ CONTINUED TO OCTOBER- 2__1981 Appointment to the Northern California Health Systems Agency was continued to October 27, 1981. 2564 APPOINTMENT TO THE COMPREHENSIVE EMPLOYI~NT TRAINING ADVISORY'COUNCIL (CETAC) On .motion of Supervisor Saraceni, seconded by Supervisor Dolan and carried, Francisco Pena was appointed to the Comprehensive Employment Training Advisory Council (CETAC). 2565 2566 '~, 2567 2568 APPOINTMENT TO THE CHILD HEALTH AND DISABILITY PREVENTION PROGRAM ADVISORY BOARD On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, Dr. Richard S. Couk was appointed to the~Child Health and Diasability Prevention Program Advisory Board. APPOINTMENT TO THE DURHAM IRRIGATION DISTRICT BOARD OF DIRECTORS On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, Sidney A. Greene was reappointed to the Durham Irrigation District Board of Directors. CONSIDERATION OF ADOPTION'Ok' RESOLUTION ORDERING SALE OF BONDS TO BIRR, WILSON AND COMPANY, INC. FOR.LAKERTDGE VILLAGE ASSESSMENT DISTRICT - CONTINUED TO OCTOBER 27, 1981 Consideration of adoption of the resolution ordering sale of bonds to Birr, Wilson and Company, Inc, for Lakeridge'Village Assessment District was continued to October 27, 1981 at 11:15 a.m. COMMUNICATIONS Clifton C. Nickelson. Mr. Nickelson submits his notice of resignation/ retirement as Butte County Administrative Officer effective January 15, 1982. Resignation accepted; no action taken. Page 354. October 29, 1981 81- a 2569 _October 20, 1981 Tod E. Hackman, Chico.- Mr. Hackman writes asking the Board to support and act promptly on-the proposed "coalition greenline" in ,west Chico. Information; no action taken. Russell L. Addy, Chico. Mr. Addy writes submitting, his application for the position of Treasurer-Tax Collector. To be placed on file. Glynn J. Douthit, Oroville. Mr. Douthit writes submitting his application for the position of Treasurer-Tax Collector. To be placed on file. Law Offices of Goldstein, Barceloux & Goldstein. The attorneys, on behalf of Rachel Leana Perez (a minor), file an application for leave to present a late claim and a claim in the amount of $50,000 plus other damages allegedly incurred on January 7, 1981 on the Skyway near Wycliff Road. See motion following communications. Law Offices of Goldstein, Barceloux & Goldstein. The attorneys, on behalf of Glenda Dale Perez, submit an application for leave to present a late claim and a claim in the amount of $100y000 plus other damages as a result of alleged injuries sustained in an accident occurring January 7,-1981 on the Skyway near Wycliff Road. See motion following communications. State Department of Transportation. The department writes advising that the 8.6 mile freeway route adoption on Route 99 from 3.6 miles north of Chico to the Tehama County line-was rescinded by the State Transportation Commission at a recent meeting. Information; no action taken. Senator S. I. Hayakawa. Senator Hayakawa forwards information in follow- up to the Board's letter supporting the Constitution designating English as our official language. Tnformation; no action taken. Dr. Gerald E. Maguire. Dr. Maguire requests that he be relieved from his duties as Mental Health Director and that Dr. Al Raitt who is a staff psychiatrist be designated as the Mental Health Director. See motion following communications. DISCUSSION OF APPOINTMENT TO TREASURER-TA7~ COLLECTOR POSITION AND POSSIBLE CONSOLIDATION OF TREASURER-TAX COLLECTOR AND AUDITOR'S OFFICES Discussion of the the applications that have been received for the position of Treasurer-Tax Collector position and the possible consolidation of the Treasurer--Tax Collector and Auditor's Offices held at this time. Del Siemsen, county counsel, stated they were looking at the procedures for the charter amendment as far as consolidation of the Treasurer-Tax Collector and the Auditor, the Public Guardian with the Public Administrator, and the handling of the constable situation. He hoped to have something to the Board in a week as far as what will be involved. The charter provides for the Sheriff being named as ex-officio constable. Supervisor Dolan stated that if the decision is made to consider consolidation, the gosition of Treasurer-Tax Collector would have to be filled for that one year because the consolidation would not be effective until the election had been held. No action taken at this time. Page 355. October 20, 1981 81-2570 bl 2571 2572 October 20, 1981 REJECT CLAIMS - RACHEL LEANA PEREZ (A MINORS AND GLENDA DALE PEREZ` Oci motion of. Supervisor Lemke, seconded by Supervisor Saraceni and carried, the following applications for leave to present a late claim were denied and referred to County Counsel and Risk Management Coordinator: 1. Rachel Leana Perez (a minor} - application for leave to present a late claim and a claim in the amount of $50,000 plus other damages allegedly incurred on January 7, 1981 on the Skyway near Wycliff Road. 2. Glenda Dale Perez - application for leave to present a late claim and a claim in the amount of $100,000 plus other damages as a result of alleged injuries sustained in an accident occurring January 7, 1981 on the Skyway near Wycliff Road. ACCEPT RESIGNATION OF DR. GERALD MAGUIRE AND APPOINT DR. AL RAITT MENTAL HEALTH DIRECTOR On motion of Supervisor Lemke, seconded by Supervisor Saraceni and carried, the resignation of Dr. Gerald Maguire as Mental Health Director was accepted to be effective on the processing of the personnel papers to staff pyschiatrist and Dr. Al Raitt was appointed Mental Health Director on that date. PRESENTED BY BOARD MEMBERS Chairman Moseley referred the memo on planning matter to Planning Department. Supervisor Lemke questioned what should be done with the letter from Mr. Stanley. Supervisor Dolan stated that the letter from Mr. Stanley referred to property on Highway 32 near Muir Avenue. There is a use permit for a business on the property and he does not wish to comply with the condition of curb, gutter-and sidewalk-and does not want to accept a covenant. Del Siemsen, county counsel, stated the-Board could refer the letter to Public Works or Planning for processing. It is probably past the time for appeal. They might have to go back to the Commission for a modification or application for modification of a use permit. Supervisor Dolan was not sure whether it was a use permit or a building permit. The letter was referred to County Counsel. 2573 CLOSED SESSION: The Board recessed at 9:43 a.m. to hold a closed session regarding litigation. RECONVENE: The Board reconvened at 10:18 a.m. following a closed session regarding litigation. No announcements made at this time. 'ADOPT RESOLUTION 81-246: PUBLIC HEARING: THAD WAICEMAt3 ABANDONMENT OF ~A PORTION OF GRAND AVENUE AND A PORTION OF 16TH STREET, THERMALITO The public hearing on Thad Wakeman abandonment of a portion of (Grand Avenue and a portion of 16th Street, Thermalito was held as advertised. Bettye Blair, planning director, set out the background of the abandonment. It is in order. Hearing. op en to the public. Appearing: No one. Hearing closed to the public and confined to the Board. Page 356. October 20, 1981 81- a 2574 October 20., 1981 On mode"ion of Supervisor Saraceni, seconded by Supervisor Lemke and carried,. the abandonment of a portion of Grand Avenue and a portion of 16th Street, Thermalito was approved; Resolution 81~-246 was adopted and the Chairman authorized to sign. PUBLIC HEARING:- CONSIDERATION OF ISSUING A NON-EXCLUSIVE CABLE TELEVTSTON SYSTEM FRANCHISE FOR BUZZTAIL TELEVISION NETWORK FOR A COMMUNITY ANTENNA TELEVISION SYSTEM FOR SECTIONS 1, 2;'10, 11, 12, 13, 14, 23 & 24, T22N R3E, SECTIONS 6, 7, 18 & 19, T22N R3E, DOE MILL RIDGE AND LITTLE CHICO CREEK CANYON AREA The pub lie hearing on consideration of issuing a non--exclusive cable television system franchise for Buzztail Television Network for a community antenna television system for Sections 1, 2, 10, 11, 12, 13, 14, 23 and 24, T22N R2E, Sections 6, 7, 18 and 19, T22N R3E, Doe Mill Ridge and Little Chico Creek Canyon area was held as advertised. Hearing open to the public. Appearing: Dan Hays, Jr. Supervisor Dolan realized the Board got out of-the business of regulating rates for cablevys3.mn:. The Board is the granting authority of the franchise. She felt that if the Board"granted the franchise, there should be more thorough discussion. They are setting up an urban service in an area that is not an urban area yet. Mr. Hays stated that this was not an attempt to set up an urbanized area. This would be a service for the people who live in that area. He estimated there would be somewhere between 500 and 700 homes maximum. This is within the scope of the entire master plan they are working on for about 3,300 acres. In that area about 65 percent of the area is in the canyons and there is not good television reception. One gentleman who lives in the canyon has about one-half mile of cable running to a television antenna that is located in-the top of a pine tree. If the density were greater than what was planned, the business could be very lucrative. There will not be that much with 500 to 700 homes. The preliminary. figures show that they-will: break even, by taking the equipment and amoratizing the rate out over a period of twelve years. Their intent is not to make money, but to provide a service for the people in the area. Supervisor Dolan stated that her concern is that the Board has discussed the land use in the area and have not decided on the land use for that area. 't`his is an urban service. It could be seen as taking a step toward approving a project because this is one more urban service to be used. Mr. Hays stated that whatever development occurs, they will make sure it will be with the approval of the Board. They will not be asking for taxpayer money to subsidize the development because it will include fire and security protection. Supervisor Dolan had not seen the proposal for the area. This is an urban service. This is approval of a service well in advance of the land use issues being addressed. Other communities have a great deal of discussion on this type of service. She was wondering why this seemed so simple. Mr. Hays stated that the franchise fee and the channels to be offered are set out in the resolution. They are also donating land to the Butte County Fire Department for afire station in this area. The service for the system would be free to the county and schools in the area. There would be reduced rates for low and moderate income families. The lines for the cablevision would also carry alarms for fire and Page 357. October 20, 1981 8l- b', October 20, 1981 pplice protection. They are also hoping to ultimately provide computer service with these same lines.- There are many things that can be added to the cable system. Supervisor Dolan's main concern was that this was putting the cart before the horse. She was not eiticizing Mr. Hays for thinking of having this service. She would like to have one week to discuss this proposal with Mr. Hays and Supervisor Wheeler. Hearing closed to the public and confined to the Board. 2575 The hearing was continued to October 27, 1981. PUBLIC HEARING: PAUL E. AND CECILIA J. NEIL APPEAL OF CONDITION 5 (PROVIDE PERMANENT SOLUTION FOR DRAINAGE) ON TENTATIVE PARCEL MAP, AP 42-07-02, FOUR LOTS, PROPERTY LOCATED ON THE EAST SIDE OF HENSHAW AVENUE, SOUTH OF GUYNN AVENUE, CHICO The public hearing on Paul E. and Cecilia J. Neil appeal of condition 5 (provide permanent solution for drainage) on tentative parcel map, AP 42-07-02, four lots, property located on the east side of Henshaw Avenue, south of Guynn Avenue, Chico was held as advertised. Hal McDonald, assistant gublic works director, set out the background of the appeal. The condition is a request for permanent drainage solution. The parcels are-less than three acres and there is nothing in the area for this project to tie into as far as drainage. The facilities for SUDAD are too-far away~for this project to hook up to their lines. Supervisor Dolan stated that area has good soil. She knew that each one of the projects could not beax the financial burden for taking care of the drainage in the entire area. Somewhere down the line, this problem will have to be addressed. These will be one acre parcels and there is no requirement for curb, gutter and sidewalk. Hearing open to the public. Appearing: 1. Mike Flemming, representing Mr. and Mrs. Neil. Mr. Flemming set out the events that lead to the appeal. On June i, 1981 the Advisory Agency approved the map, after Mr. Neil asked the Public Works representative what the drainage requirements would be. The representative at that meeting, advised Mr. Neil there would be no storm drain improvements required. Qn June 6, 1981, Mr. Neil visited the Land Development Department to go through the conditions of approval and was assured there were no improvements required. On July 6, 1981, Mr. and Mrs. Neil obtained a conditional building permit with the condition that if the map was not recorded they had to abandon the old homesite. Oa August 13, 1981, Mr. Neil spoke with the Land Development Department concering the conditions of approval and was told all the conditions except the fire condition was met. The map was not recorded. During the week of September 14, 1981, Mr. Neil went to the F:and Development Department and was told that there was a meeting- regarding the drainage. They tried at that time to require full storm drainage and drop inlets. Mr. and Mrs. Neil are faced with three alternatives: the option of putting in $35,000 in storm drainage; the abandonment of a $50,000 home or the abandonment of a $60,000 home. Mr, and Mrs. Neil proceeded based on stat3nents made on numerous occasions. The soil in the area is vine loam. There is no problem with density and he did not believe the improvements were necessary or warranted. The final map was submitted and checked and sat in the department for one and one~half months. At that time, Mr. Neil decided to pursue recordation and was told suddenly about the decision to require storm drainage improvements. Up to that point, they were aware the condition was met without any improvements. Page 358. October 20, 1981 81- ~'. _ October 20, 1981 - - Supervisor Zemke asked whether Mr. and Mrs. Neil were willing to enter into a covenant untl~a drainage district is formed in .that area? Supervisor Dolan stated there would be a need for a drainage district in that area if the densities were greater than one unit per acre. The one acre area is a buffer between the urban area and the larger acreage. Mr. Flemming stated that in a subdivision situation the storm drainage improvements would be required. There is six acres remaining on this property and if a subdivision was created on those six acres the storm drainage and curb, gutter and sidewalk would be required. The requirement for curb, gutter and sidewalk is not required for divisions over one acre. The zoning is "S-R" zoning. Del Siemsen, county counsel,.set out what would be required with a covenant. This would be entering into an agreement that at such time .if an assessment district is formed that they would put in the drainage or any time~the Fubl~~c works DiYector:deett-s it neeeasary to' have the improvements because of development in the absence of a drainage district. ' Supervisor Lemke stated this would be an agreement to join in whatever comes up and that the applicant will not object to going into an assessment district when and if it is formed. At the present time, they are faced with providing the condition which is appealed. 2. Paul Neil. Mr. Neil stated the reason they-were appealing was because they were lead to believe that everything was fine and then someone changed their mind. This is not consistent. He paid the $1,500 for the fire hydrants. If the Board can assure him, he would not be signing a blank check by signing the covenant, he would be willing to sign the covenant. Supervisor Dolan felt that the circumstances were clear and these are one acre parcels and the condition should be removed. This all starts out with having a condition that no one knows what it means. This is an "S-R" zone. Until the Board gets their act together, and stops approving high density development then-the Board should let the Neils have their project. She felt it was a reasonable request. Supervisor Saraceni stated there have been many times when a person has appealed this condition because for one individual the cost was unbelieveable. He hoped that Mr. and Mrs. Neil would concur that they would make their fair share contribution at such time as the district is approved. Supervisor Dolan stated there were areas in the county where the Board knew what the charges would be. It is appropriate in those areas to collect a fee. In this area, the county does not know what fee to collect. There are a whole group of engineers who will say that as long as there are one acre or greater in size, that the improvements are not needed. Hearing closed to the pub lie and confined to the Board. On motion of Supervisor Dolan, seconded by Supervisor Lemke and carried, the appeal was upheld and condition 5 (.provide permanent solution for drainage) on tentative parcel map, AP 42-07-02, four lots, property located on the east side of Henshaw Avenue, south of Guynn Avenue, Chico for Paul E. and Cecilia J. Neil was eliminated. Page 359. October 20, 1981 October_20, 181 $1- 2576 3' 2577 25 ** 2579 ADOPT RESOFUTION 81-247:GRANTING NON-EXCLUSIVE .CABLE TELEVTSTON SYSTEM FRANCHISE FOR BUZZTAIL TELEVISION NETWORK FOR°A COMMUNITY ANTENNA TELEVISION SYSTEM FOR SECTIONS 1 2, 10, 11, 12, 13, 14, 23 & 24, T22N R2E, SECTIONS 6. 7. 18 & 19 T22N R3E, DOE MILL RIDGE AND LITTLE CHI CO CREEK CANYON AREA Dan Hays, Jr. stated that he would have a problem in attending the meeting on October 27, 1981 to eonside~ issuance of a non-exclusive cable television system franchise for Buzztail Television Network for a community antenna television system for Sections 1, 2, 10, 11, 12, 13, 14, 23 and 24, T22N R2E, Sections 6, 7, 18 and 19 T22N R3E, Doe Mill Ridge and Little Chico Creek Canyon area. Beyond that time, he would get into problems. He wondered if he cauld'answer any questions at this time relative to the agreement that has been prepared. He would be pleased to meet with Supervisor Dolan and answer any questions she might have. There could be modifications made to the agreement at a later time, if there were something that the Board did not like in the agreement. Supervisor Dolan stated her biggest concern with approving the franchise was that this not be construed as gre-approval of a project. On motion of Supervisor Saraceni, seconded by Supervisor Moseley and carried, Resolution 81-247 granting a non-exclusive cable television system franchise for Buzztail Television Network for a community antenna television system for Sections 1, 2, 10, 11, 12, 13, 14, 23 and 24, T22N R2E, Sections b, 7, 18 and 19 T22N R3E, Doe Mill Ridge and Little Chico Creek Canyon area was adopted and the Chairman aathorized to sign. AYES: Supervisors Dolan, Saraceni and Chairman Moseley. NOES: None. ABSTAINING: Supervisor Lemke. ABSENT: Supervisor Wheeler. RECESS: 10:53 a.m. RECONVENE: 11:08 a.m. APPEARANCE: LEN KELLY, PRESIDENTIAL HOMES Mr. Kelly stated that last week the Board had set a public hearing date of November 24, 1981 for consideration of the abandonment of a public utility easement in Paradise Pines Unit 2, Lot 162. He did not realize there would be such a time frame involved with the abandonment proceedings. There are people wanting to move into-the mobile home and will not be able to do so uati•1 this easement has been abandoned. The matter was held until later in the meeting for a report back from Counsel relative to the time needed in-order to hold the hearing. WAIVE FEES FOR GOLDEN FEATHER_VOLUNTEER FIRE COMPANY'- FOR BUILDING PERMITS Ray Hendricks stated the Golden Feather Volunteer Fire Company was in the process of building afire station. They must have all the permits involved with building'this building. He was asking that the Board waive the permit fees on the building. On motion of Supervisor Lemke, seconded by Supervisor Saraceni and carried, the fees for a building permit for the Golden Feather Volunteer Fire Company were waived. APPEARANCE: WILBUR STANLEY Mr. Stanley stated that he would like to put in a part-time fiberglass repair business on his property. He could not-see having to put in the drainage and curb, gutter and sidewalks. When he discussed this matter with the Public Works Department, he was told the property w as zoned for this use. and there would be no problem at all. He then received a letter saying he was in violation. Page 360. October 20, 1981 81- ~' 2580 25811 ', 2582 2583 _ _ _ - _ - _ _ _ _ _ =October-20,-1981 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Mr. Stanley was advised that his letter had been referred to County Counsel. AMEND PUBLIC HEARING DATE F'OR RESOLUTION 81-243: PUBLIC HEARING DATE FOR LEN KELLY ABANDONMENT OF PUBLIC UTILITY EASEMENT, PARADISE PINES UNIT 2, LOT 162 Del Siemsen, county counsel, advised 'that there would have to be a minimum of two weeks for the posting and letter being sent to the applicant before the Board could hold a hearing. The hearing must also be advertized twice. It would be a minimum of-three weeks before the hearing could be held. The Board would have to amend Resolution 81-243 to reflect a different hearing date. On motion of Supervisor Lemke, seconded by Supervisor Saraceni and carried, Resolution 81-243 was amended to reflect a public hearing date of November 10, 1981 at 10:00 a.m. instead of November 24, 1981 at 10:00 a. m. for consideration of Len Kelly abandonment of a public utility easement, Paradise Pines Unit 2, Lot 162. APPEARANCE: MAX HECKER Mr. Hecker spoke regarding payment of his taxes. The Tax Collector refused to accept payment for his taxes yesterday. This is contributing to his chronic stress. He wanted to know if the county was going to accept payment of his taxes. The Assistant Administrative Officer to take Mr. Hecker to the Tax Collector's Office so he can pay his taxes. AMEND MINUTE ORDER 81-2561 TO REFLECT BUDGET TRANSFER B-50 WAS APPROVED INSTEAD OF BUDGET TRANSFER B-26 FOR SOUTH OROVILLE IMPROVEMENT PROJECT, PHASE III PROJECT N0. 25505A-81-1 On motion of Supervisor Saraceni, seconded by Supervisox Lemke and carried, the motion in minute order 81-2561 was amended to reflect that budget transfer B-50 instead of budget transfer B-26 was approved for transfer of $15,281 from the road reserve to the South Oroville Improvement Project, Phase IiI, Project No. 25505A-81-1. ADDITIONAL x1ATTERS PRESENTED BY BOARD MEMBERS Supervisor Lemke asked that the letter from Sierra Del Oro Property Owners Association be referred to County Counsel for inclusion in the ordinance for the leash law. Clif Nickelson, administrative officer, read the letter from the City of Chico relative to the-Butte Creek Canyon rezone issue that is to be considered on the November election. The city was asking that the Board provide an inexpensive way of notifying the people if they felt the synopsis was in error. Supervisor Dolan stated that the Board had considered this matter last week. ADJOURNMENT There being nothing further before the Board at this time, the meeting was adjourned at 11:32 a.m. to reconvene on Tuesday, October 27, 1981 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK- RECORDER and ex-officio Clerk of the and of Supervisors Chairman, Boar of rvisors By Page 361. October 20, 1981