HomeMy WebLinkAboutM120479December 4, 1979
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
79r The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
3' Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke.
Clif Nickelson, administrative officer; Dan Blackstock, county counsel; and
Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
1942 APPROVAL OF MINUTES
On motion of Supervisor Dolan, seconded by Supervisor Moseley
and unanimously carried, the minutes of November 27, 1979 were approved
as mailed with the following corrections:
Minute order 79-1918, page 385, paragraph 8 to reflect
Supervisor Moseley instead of Supervisor Dolan.
Minute Order 79-1927, page 390, paragraph 6 to finish the
sentence as follows: and to allow appeals to be held after the time limit
is up would not be a good idea.
1943 ANNOUNCEMENT BY CHAIRMAN LEMKE
Chairman Lemke advised that on December 11, 1979 the Board
meeting will be adjourned for a 15 minute BCAG meeting at 9:00 a.m.
There is one item that must be discussed.
1944
PT PROPOSAL - PROSPECTOR DISPLAYS OF EL DORADO - 1980 STATE FAIR
L05 ANGELES COUNTY FAIR
It was moved by Supervisor Wheeler, seconded by Supervisor Winston
he proposal from Prospector Displays of E1 Dorado for the county display
or the 1980 State Fair and Los Angeles County Fair be accepted.
Todd Radke,-Chico Tourism and Convention Bureau, asked that he
e allowed to see the proposal and discuss the display so that tourism
s addressed in the display.
Clif Nickelson, administrative officer, stated that he would
d a letter to Prospector Displays and advise them that Mr. Radke would
in contact with them.
Vote on motion:
1945
AXES: Supervisors Dolan, Moseley, Wheeler, Winston and
Chairman Lemke
NOES: None
Motion carried.
ORIZE PURCHASING OFFIGER TO ACCEPT OWNERSHIP ON BEHALF OF COUNTY -
R TANKER - VOLUNTEER FIRE COMPANX 72 (PALERMO)
On motion of Supervisor Winston, seconded by Supervisor Moseley
unanimously carried, the Purchasing Officer was authorized to accept
rship of the Volunteer Fire Company 72 (Palermo) water tanker as a
It of the excessive cost of insurance on behalf of the county.
Page 399.
December 4, 1979
December 4, 1979
79- 1946 APPROVE NORTH CHICO FIRE STATION DESIGN SERVICE AGREEMENT
v', On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the North Chico Fire Station design service
agreement with Bachman and Associates for design, construction staking
and inspection for relocation of the fire station with the amount of the
contract being $2,883 and within the budgetary appropriation for design
services was approved and the Chairman authorized to sign.
1947 APPROVE. CERTIFICATE FOR CLAIM FOR PAYMENT - BUTTE COUNTY FAIR PHASE II
E7.ECTRICAL PROJECTS
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the certificate for claim for payment for Butte
County Fair Phase II electrical projects to Peters Engineering covering
the final amount due ($300) on the design work was approved and the
Chairman authorized to sign.
1948 APPROVE PARADISE MEALS ON WHEELS CONTRACT
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the contract with the Paradise Council on Aging,
Inc. fas the Paradise Meals on Wheels in the amount of $6,000 revenue
sharing for the period October 1, 1979 through October 1, 1980 was approved
and the Chairman authorized to sign.
1949 DIRECT MEASURER TO PUBLISH REQUIRED NOTICE FOR OROVILLE JUSTICE'COURT --
UNIDENTIFTEA AND UNCLAIMED MONEY
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the Treasurer was directed to publish the
required notice for an unidentifiable overage of $712.86 in the Oroville
Judicial Suspense Trust Fund continuing from the 1975-76 audit and if no
verified complaint is filed within the required period of 60 days, to
direct the Auditor to transfer the money to the general fund.
1950 APPROVE BUTTE COUNTY ASSOCIATION OF GOVERNMENTS (BCAG) COOPERATIVE AGREEMENT
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the BCAG cooperative agreement for a one year
term and containing an automatic continuation clause was approved and the
Chairman authorized to sign.
1951 ADOPT RESOLUTION 79-248 RE: DISTRIBUTION OF PROPERTY TAX WHEN SPECIAL
DISTRICTS ANNEX TERRITORY
i On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Resolution 79-248 leaving property taxes unchanged
when special districts annex as they derive revenue from service charges
rather than from property taxes was adopted and the Chairman authorized
to sign.
1952 CETA ADMINISTRATIVE POLICIES TO REMAIN STATUS QUO
Discussion of the request by Chico Housing and Improvement
Project (CHIP) request regarding CETA administrative policies was held
at this time.
aim Rackerby, personnel director, stated that he had sent
a report to the Board regarding the request by CHIP. This would not
be advantageous to the county but would be for CHIP. By going with
outstationing CHIP would have administrative molly bu cerui menttandr
program. CHIP would have to do their own pay , y 4 P
supplies and request reimbursement from the county just as with the old
PSE program. This is not uncommon. They are asking for an advance of
cash. This would provide for administrative money. Under a subcontract
CHIP would be responsible to be able to prove ability to pay back money.
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December 4, 1979
December 4, 1979
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If this is done, this will create administrative capability and they do not
have administrative capability without CETA funds. This would be opening
the door for all CETA users including the county. Mr. Rackerby stated that
if there were a default of any kind and the non-profit organization does
not have the ability for pay back the county would have to take the money
out of the general fund for the pay back.
Jim Johansen, auditor, stated that his concern was the fact
that the county could be left holding the bag.
Fran Wagstaff, CHIP, felt she was in the same position as the
county when the state mandated the odd-even gasoline plan. The comment
had been made by the county that if the state required implementation then
they should pay for it.• They axe in the position of having CETA and must
have liability and carry an insurance policy. They are expected to pay for
this insurance. They service low income people. The only way they
receive money is through grants, either public or private. If she were
required to cover the cost on behalf of the CETA participants, she would
have to go to the federal government or the city of Chico for a grant.
She did not feel this was reasonable. The advantage is not to the county
but to the participant. Butte County has the lowest wage scale in the
whole country.
Ms. Wagstaff stated that at the present time, there are employees
who receive benefits and those that do not receive benefits. Right now
the CETA participants have zero benefits, such as social security, insurance
and holiday pay. There is little incentive for people to work. CHIP has
been in business for seven years. They have had no problems with their
audits. They are accountable for the way they spend their money. She is
personally covered with name bond insurance. Over 80% of the people with
CHIP have left with jobs. She felt the percentage could be even higher.
They have provided: housing rehabilitation in the city and the county.
•.Ms. Wagstaff stated that the CETA regulations and legislation
says they will be reimbursed unless three conditions are present. They do
not meet any of the conditions. They are to operate on a contract basis.
They are looking at adding to the burden of training participants.
This would not allow enough money to be able to coordinate the project.
The only way they could meet expenses would be for the money to come out
of CETA .administrative costs. She was willing to negotiate a reasonable
contract. They have the capability and ability to understand what is
involved.
Chairman Lemke felt the analogy was lopsided between the county
and the state. In the event there is non-compliance the county stands to
pick up the entire tab. There have been cases where counties have been
put in that position of refunding CETA money.
', Mr. Rackerby stated there were two instances of payback by
'counties. The prime sponsor is responsible. This would make the general
(fund responsible if there is a default. They are not specifying that a
(bond must be obtained if there are assets that can be used in case of a
default. This is not a county activity. This is a project that CHIP has
asked the county for jobs. There is nothing that says that CHIP must use
CETA personnel. CHIP has done a good training job. Even though CHIP has
the capability, they do not have financing to operate their capability and
therefore they do not have capability. The regulations state that any PSE
,agreements that are reached with the agency they are expected to have
(reimbursement with the exception of the federal government. The rules say
that if an agency does not have administrative capability they do not
Page 401.
December 4, 1979
December 4, 1979
79- have the qualifications that CETA would like to have for personnel. You
3' can then go outreach. There is about 80% of PSE on outreach. The policy .
has said no administrative money. if the Board changes the policy, they
will work with the policy.
Ms. Wagstaff stated that without CETA administration they do
not have money to administer grants. She wondered if the county had the
administrative ability. She made inquiry to the Department of Labox.
She received a response from Josephina Smith who said it was reasonable
to assume that the agency that has operated would have administrative
capability. The county is responsible for the funds. She felt this
', policy was discriminating against non-profit organizations. The amount
of money involved has not been discussed.
Mr. Rackerby stated that under CETA-only 15% is allowed for
administrative costs. If CHIP was doing a $100,000 business, then the
amount would be $15,000. CHIP would not get that full amount because
CETA still has some things to do. On the outside this would probably
only be 8% or 9% of the amount. The issue is policy direction. If the
Board changes the policy, every agency is going to be asking for an
additional 8% or 9%. They will then expend monies to serve more people.
Any organization has to make a commitment and that commitment is in the
form of administration.
It was moved by Supervisor Winston, seconded by Supervisor Wheeler
that the CETA administrative policy remain status quo.
Supervisor Dolan felt there would be additional staff required
and there is not enough flexibility and felt it could be more flexible.
She felt that what CHIP had proposed was reasonable. CHIP has good
training and a good track record. This is the kind of project that
provides people with skills. She felt to continue would hinder the project.
Supervisor Winston stated that CHIP is a non-profit organization.
They came to CETA and asked for the project. There has to be a commitment
by the group to show some responsibility for use of the crews. If the
Board were to approve alternative 4~2, he could see a disadvantage of
using more money for supervising positions. There would be less money
for training. This would be setting a precedent. There has been a
strong recommendation from Personnel, Auditor and Administration regarding
this policy.
Supervisor Moseley did not feel that this was a reflection on
the work done by CHIP. The Board cannot set a precedent.
Vote on motion:
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolan
Motion carried.
195 APPROVE BUDGET TRANSFERS
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the following budget transfers were approved:
8-37 - Purchasing. Establishes additional appropriations for
professional and specialized services, $225; publications, $123; and
rents and leases of equipment, $70 in order to cover deficiencies
caused by unanticipated expenditures necessary to perform the surplus
Page 402.
December 4, 1979
December 4, 1979
79- property auction on September 22, 1979. The increased appropriation
a will be covered from unanticipated revenue (other sales).
B-38 - Public Works. Transfers $550 from the road reserve to
road construction to provide an additional appropriation to cover a
change order for the traffic signal project located at Skyway at Oliver
which was approved by the Board on November 20, 1979; Minute Order 79-1880.
8-39 - Community Action Program - Senior Nutrition Project. The
purpose of this transfer is to establish a budget for the Butte County
Senior Nutrition Program Grant for the period September 17 through
December 31, 1979. The transfer establishes an appropriation for
salaries and wages, $43,129; benefits, $4,715; travel, $1,703; consumable
supplies (food), $41,043; and other costs, $25,953. The source of
funding is as follows: Reserve, $9,193; federal aid - USDA, $12,156;
state aid - State Department of Aging, $82,569; and participant
donations, $12,630. Total amount of the transfer is $116,548.
B-40 - Building and Subdivision Inspection - Administration.
Establishes an appropriation for professional and specialized services
in the amount of $1,000 with funding coming from unanticipated revenue
to provide for outside building plan checking during peak workload
periods in order to process building applications on a timely basis.
B-41 - Revenue Sharing - Plant Acquisition. Transfers $740
from miscellaneous expense (unallocated appropriation) to fixed
assets in order to cover the cost of the purchase for a transcriber
for the Board room tape recording system as approved by the Board of
Supervisors on November 29, 1979; Minute Order 79-1910.
B-42 - Planning (HCD), Planning (BCAG) and Planning (IAFCo).
This is an 83,360.50 transfer transferring budgetary appropriations
between several departmental units in the transfer of BCAG, LAFCo and
HCD functions from Administration to Planning as approved by the Board
of Supervisors on October 9, 1979; Minute Order 79-1638. This is an
across the board transfer involving no additional funds.
.:1954 APPROVE COMMUNITY ACTION AGENCY (CAA) ITEMS
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the following CAA items were approved:
1. Approved Energy Conservation Program budget amendment ~P3 to
the contract to transfer $1,345 from the Community Services Administration
Weatherization account to the Crisis Intervention account to cover
unanticipated expenditures during last spring's Crisis Intervention Program
and the Chairman authorized to sign.
2. Approved relief from accountability for Community Action Agency
in the amount of $65.61 taken from the petty cash fund as a result of a
burglary on October 10, 1979 and authorized the issuance of a warrant in
the amount of $65.61 chargeable to (federal) Community Action Agency funds,
payable to James McNaughton, executive director.
3. Awarded the bid for the lease of a one-half ton pickup truck
as part of the current Youth Conservation and Community Improvement Project
(YCCIP) to Ed Wittmeier Ford of Chico in the amount of $164.91 per month
on a 24-month lease.
Page 403.
December 4, 1979
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December 4, 1979
79-
4. Approve revised 1980 Senior Nutrition Program budget as a
result of the actual allocations made to Butte County with the allocation
representing: project income, $b3,240; USDA reimbursements, $49,192;
in-kind match, $33,024; and Older American Act funds, $297,21$ for a total
of $442,674 which reflects a decrease of $13,007 in total project costs
from the original budget and the Chairman authorized to sign.
RECONSIDER ACTION TAKEN NOVEMBER 27, 1979, MINUTE ORDER 79-1920: APPROVE
SUBMISSION OF ENERGY CONSERVATION EDUCATION PROPOSAL TO STATE DEPARTMENT
OF EDUCATION - COMMUNITY ACTION AGENCY
Discussion of the energy conservation education proposal for
submission to the State Department of Education was held at this time.
1955
Supervisor Dolan stated that the Board had taken action on
this item last week. PG&E sent a letter of endorsement for the grant
proposal. It was her understanding that they want to work with the grant.
This is a bigger issue than one agency. The source of funding for this
grant comesfron: the purchase of special license plates. These funds go
for energy conservation education. People are not forced to pay for these
funds. The school districts want to cooperate and get this project off
the ground.
Mr. Henrique, PG&E, stated that he was not aware of the letter
of endorsement. He is from the Oroville office and not the Chico office.
He reported to work in Oroville yesterday to work on energy conservation.
There is a mobile van available to visit the schools. There is a proposal
before the PUC tc fund a smaller variation of that van that would have
educational material carried to the elementary school program. There is
a pilot program being done in another county. Study is being done from
K-12 grades- to bring this program into the schools. This material is made
available to teachers. The teachers can pick from three different programs.
The approach in the schools is a team approach. They set up managment
staffs within the school and involve the students, administrative staff
and the custodian. His assignment in Oroville is to relieve some of the
pressures that have been put on some of the people in this area. The van
will be available for the entire service territory. There would be no
charge for the van.
Supervisor Dolan did not feel that the grant was an overlapping
ar duplication effort. She did not believe there has been a demonstration
enough has been done or they would be saving all kinds of energy. She
still saw this grant as a complimentary venture. She felt submissbn of
the grant was appropriate.
Supervisor Winston stated that people are crying to government
to stop spending money. He felt this was a duplication, He understood
that any school in the areas in California that wanted to conduct an
energy conservation class could call on PG&E and would be furnished with
goals outlines. They could ask that a representative be sent up for a
seminar. There is no question that energy conservation is important.
He did not feel that $3$,000 would get people with an expertise fox
energy conservation.
James McNaughton, executive director, CAA, stated that he did
ve a letter o£ support from PG&E in Chico. The letter supports
ucational activity and states that a van will be available in late
ring. He did not see the grant as a duplication.
Page 404.
.December 4, 1979
December 4, 1979
79- On motion of Supervisor Dolan, seconded by Supervisor Moseley
d' and carried, the Board reconsidered action taken November 27, 1979, minute
order 79-1920 and approved the submission of an energy conservation
education proposal to the State Department of Education for consideration
of energy and environmental educations funds for an energy conservation
education program to be targeted primarily to local schools in the amount
of $36,835 and is for two staff persons, necessary education materials
and supplies and for the purchase of a van (Energy Bus) to the State
Department of Education. AYES: Supervisors Dolan, Moseley and Wheeler
NOES: Supervisors Winston and Chairman Lemke
RECESS: 10:02 a.m.
RECONVENE: 10:15 a.m.
1956 PUBLIC HEARING: STANLEY L. PARSLEY - PETITION FOR VARIANCE TO SECTIONS
19-LO AND/OR 19-T2 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE
HOME ON AP 29-16-1-32 4TH STREET RICHVALE. ZONTNG: "ARMH"
The public hearing on Stanley L. Parsley petition for variance
to Sections 19-10 and/or 19-12 of the Butte County Code for placement of
a mobile home on AP 29-16-1-32, 4th Street, Richvale, zoning: "ARMH"
was held as advertised.
Lynn Vanhart, environmental health director, set out the
background of the petition. It is in order.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the petition for variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on AP 29-16-1-32,
4th Street, Richvale, zoning: "ARMH" for Stanley L. Parsley was approved
for a period of one year.
1957 ADOPT RESOLUTION 79-249: PUBLIC HEARING: W. E. PACE - ABANDONMENT OF
PUBLIC UTILITY EASEMENT, PARADISE PINES COUNTRY CLUB ESTATES, UNIT 4,
LOT 85
The public hearing on W. E. Pace abandonment of public utility
easement, Paradise Pines Country Club Estates, Unit 4, Lot 85 was held
as advertised.
Bettye Blair, planning director, set out the background of
the abandonment. This is the abandonment of public utility easement.
The recreational easement is not being abandoned.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Dolan, seconded by Supervisor Moseley
and unanimously carried, the abandonment of public motility easement,
Paradise Pines Country Club Estates, Unit 4, Lot 85 for W. E. Pace was
approved; Resolution 79-249 was adopted and the Chairman authorized to sign.
195 PUBLIC HEARING: BUTTE COUNTY' PUBLIC WORKS -- PUBLIC PROJECT 4123511-79-1
WIDENING AND CURVE REALIGNMENT OF LOWER WYANDOTTE ROAD - CONSIDERATION
OF PROPOSED NEGATIVE DECLARATION AND DECISION TO PROCEED WITH PROJECT
The public hearing on Butte County Public Works public project
X123511-79-1 widening and curve realignment of Lower Wyandotte Road
consideration of the proposed negative declaration and decision to proceed
with the project was held as advertised.
Page 405.
December 4, 1979
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December 4, 1979
Earl Nelson, environmental review director, set out the
background of the negative declaration. He recommended a negative
declaration.
Hearing open to the public. Appearing:
1. Pete Bognaes. Mr. Bognaes stated he had seen an increase
in the amount of traffic and accidents on Lower Wyandotte Road. This is
the area the county is trying to realign. He appreciated the efforts
being made by the county. He asked that this project be given top priority
before someone was killed on the road. He felt if the road were realigned
there would be an increase in the violations of speeding on the road.
2. Mrs. Petre Bognaes. Mrs. Bognaes set out the difficulty
she had in getting out of her driveway. She asked that a lower speed
limit be placed on the road. She asked that speed signs be placed on the
road. She felt the realignment was very urgent.
Hearing closed to the public and confined to the Board.
1959
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, finding the proposed project could not have a
significant effect on the environment, a negative declaration was accepted.
rT].ay Castleberry, public works director, appreciated the
appearances at the hearing. The project is needed. The project was listed
in the budget and lost its place in the budget at the final budget hearing.
They still must design and buy right-of-way for the project. This could
not be addressed until after the environmental review was addressed.
He hoped they would be able to construct this project in the 1980 calendar
year.. They will bring back the plans whenever there is money to advertise
the project.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the decision to proceed with public project
423511-79-1 widening and curve realignment of Lower Wyandotte Road was
approved.
PUBLIC HEARING: FINAL DISPOSTION OF NORTH CHICO TRAFFIC STUDY REGARDING
EL PASO WAY AND WHITE AVENUE TRAFFIC PROBLEMS FROM LASSEN TO EAST AVENUES
The public hearing on the final disposition of the North Chico
Traffic Study regarding the E1 Paso Way and White Avenue traffic problems
from Lassen to East Avenues was held as continued.
Supervisor Wheeler read the committee's recommendations at
this time.
Hearing open to the public. Appearing:
1. E. G. Downing. Mr. Downing stated that the people of E1
Paso have been put upon tremendously although the CHP have been out to
control traffic. The traffic is terrific and the area is building up.
The road should not have been made a through street. He felt the road
should be closed where it originally ended.
2. Lois Downing. Mrs. Downing asked that they be given their
lives due to the dangerous street.
Hearing closed to the public and confined to the Board.
Page 406.
December 4, 1979
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December 4, 1979
Clay Castleberry, public works director, spoke regarding the
construction of the frontage road parallel to the east side of the
freeway. He had indicated in the past there could be a congestion problem
if the road was constructed parallel to the freeway at East Avenue. This
would require signals placed on the road and the approach ramps. There
would be extensive signalizing needed to hold the congestion down some.
The benefits would be better than what is there now. This would relieve
the traffic on E1 Paso Way. It would be expensive. The other means
would be freeway approach ramps and the state has indicated they will
not do that. If they had the money, the road could be constructed in
two years. If the Board directed them to proceed with the preliminary
design work his office would be happy to do so. Ibis not on their list.
He felt the offramps would be better solution to the problems that a
frontage road.
Supervisor Winston stated that the Board heard more about the
reckless driving than the volume of traffic.
Supervisor Wheeler stated the problem is created by the volume
of traffic and the speeding on the road. She did not feel the traffic
was going to decrease.
hfr. Castleberry estimated the cost of the frontage road would
probably be $600,000 including traffic signals. He did not have an
estimate for preliminary design work.
It was moved by Supervisor Wheeler; :seconded by Supervisor Dolan
that the Board accept the recommendations of the committee with modifications
as follows:
Esplanade.
1. Proceed with installation of signal lights, at Lassen and
2. Proceed with installation of left turn signals at East
and Esplanade.
3. Public Works to be directed to proceed with application
for signalizing in that area and continue to study with Galtrans the
possible implementation of on and off ramps nn Lassen Avenue.
4. Public Works be directed to proceed with the engineering
work on the frontage road project.
5. Crosswalks and stop signs be placed at the intersections
of E1 Verano and E1 Paso, E1 Paso and E1 Beno and White Avenue at E1
Verano and E1 Paso.
6. Prohibit parking on the street along Lassen Avenue to be
allowed at the discretion of the Public Works Director.
7. Public Works Director to compile figures on the construction
of the frontage road with the decision of financing to be left to the Board.
Dsc~ission of the motion held at this time. Supervisor Winston
stated that he could not support the motion because the Board does not
know what the cost of the preliminary design would cost. The motion
directs the Public Works director to proceed with the plans.
Supervisor Wheeler stated that she was not asking Public Works
to do this project by tomorrow. She wanted the matter on the record.
Page 407.
December 4, 1979
December ~+, 1979
79- Supervisor Winston stated that his difficulty with the motion
3 was that the Board was directing Public Works to proceed with preliminary
design work.
Vote on the motion:
AYES: Supervisors Dolan, Wheeler and Chairman Lemke
NOES: Supervisors Moseley and Winston
Motion carried.
Mr. Castleberry hoped to be able to do the design work with
the other projects that are going on.
1460 PUBLIC HEARING: BUTTE COUNTY LAW ENFORCEMENT OFFICERS ASSOCIATION - REQUEST
FOR MODIFICATION OR AMENDMENT TO SECTION 11.7 OF THE PERSONNEL RULES TO
ALLOW LAW ENFORCEMENT SUPERVISORX EMPLOYEES TO BE PLACED IN A GENERAL-
SUPERVISORY UNIT - TAKEN OFF AGENDA
The public hearing on the Butte County Law Enforcement Officers
Association request for modification or amendment to Sections 11.7 of the
Personnel Rules to allow law enforcement supervisory employees to be
placed in a general-supervisory unit•was taken off the agenda pursuant
to letter received from Butte County Law Enforcement Officers Association.
1961 STATEMENT BX SUPERVISOR WHEELER RE: RESIGNATIONS FROM DATA PROCESSING
EXECUTIVE COMMITTEE
Supervisor Wheeler read a prepared statement regarding the
recent resignations from the Data Processing Executive Committee. A
copy was submitted for filing.
RECESS: 10:56 a.m.
RECONVENE: 11:05 a.m.
1962 PUBLIC HEARING: MARI AN KEMP - APPEAL OF ADVISORY AGENCY'S CONDITION ~~6
RELATING TO A PERMANENT SOLUTION TO DRAINAGE ON A TENTATIVE PARCEL MAP,
TWO LOTS, AP 46-26-39, BETWEEN STATE ROUTE 32 AND HUMBOLDT ROAD, APPROX.
500 FEET WEST OF FOREST AVENUE, CHICO
The public hearing on Mari An Kemp appeal of Advisory Agency's
condition X16 relating to a permanent solution to drainage on a tentative
parcel map, two lots, AP 46-26-39, between State Route 32 and Humboldt
Road, approximately 500 feet west of Forest Avenue, Chico was held as
continued.
Clay Castleberry, public works director, set out the background
of the appeal. It is not practical or feasible for a development of this
size to provide the drainage necessary to pipe it across to Little Chico
Creek. The Board should either waive the requirement or deny the appeal,
making it almost impossible for a person to divide their property. This
property is not in the area of a master plan and the county cannot require
drainage deposits.
Supervisor Wheeler stated that in talking with Ms. Kemp she
indicated there is a note on the map that indicates she is willing to
have the parcels in a drainage district.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
Page 4Q8. December 4, 1979
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1963
1964
1965
1966
1967
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the appeal of condition ~~6 for providing a
permanent solution to drainage on a tentative parcel map, two lots,
AP 46-26-39, between State Route 32 and Humboldt Road, approximately
500 feet west of Forest Avenue, Chico for Mari An Kemp was upheld.
- - _ _ _ - _ _ _ _ =December 4,_ 1979 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Supervisor Wheeler stated that Ms. Kemp is willing to take
an active part in a drainage study.
APPROVE CONTRACT WITH MODOC GOUNTY FOR PROVIDING IN-PATIENT ACUTE CARE
SERVICES TO THE PSYCHIATRIC PATIENT AT BUTTE COUNTY MENTAL HEALTH DEPARTMENT
On motion of Supervisor Dolan, seconded by Supervisor Winston
and unanimously carried, the contract with Modoc County for providing
in-patient acute care services to the psychiatric patient at the Butte
County Mental Health Department in-patient unit in an amount not to
exceed $15,500 for the current fiscal year was approved; the income for
budgetary purposes was accepted; and the Chairman authorized to sign
the agreement.
PUBLIC HEARING DAT$S SET
A public hearing date of December 18, 1979 at 10:00 a.m. was
set for consideration of the following:
1. Robert E. Adams petition for variance to sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on AP 31-20-1-41,
1161 Plumes Avenue, Oroville. Zoning: "ARMH"
2. Evelyn V. Lacey petition for variance to sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on AP 31-20-3-21,
1942 10th Street, Oroville. Zoning: "ARMH"
APPROVE
AND CHILDREN
- PUBLIC HEALTH
On motion of Supervisor Moseley, seconded by supervisor liolan
and unanimously carried, the submission of the 1979-80 renewal Women,-'
Infants and Children agreement to the State Department of Health Services
to operate the supplemental food program in the amount of $39,177 requiring
no county match was approved; the Chairman authorized to sign agreement;
and the funds as revenue for budgetary purposes were accepted.
APPROVE PUBLIC WORKS ITEMS - ADOPT RESOLUTIONS 79-250 & 79-251
Ou motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following Public Works items were approved:
1. Adopted Resolution 79-250 rescinding Resolution 79-205
regarding the renaming of Kirk Road and the Chairman authorized to sign.
2. Adopted Resolution 79-251 summary abandonment of Cohasset
Road and Lassen Avenue adjacent to AP 44-34-01 in Chico that is no
longer needed for road purposes and the Chairman authorized to sign.
3. Approved agreement for sale and authorized Chairman to sign
quit claim dead and agreement for sale of surplus land in the amount of
$400 with David A. Everett located at Cohasset Road and Lassen Avenue in
Chico adjacent to AP 44-34-O1 with quit claim deed conveying to parcel.
POLICY: SNOWPLOWING - PUBLIC WORKS
Chairman Lemke reported on the smowplowing committee recommendations.
The committee recommended that the plowing of Humboldt Road from Butte
Meadows four corners easterly two miles be continued and that Skyway to
Inskip be plowed on Saturdays and Sundays. This would be subjectto
Page 409.
December 4, 1979
December 4, 1979
79-
d,
availability of road maintenance funds. Public Works is to monitor those
particular two recommendations and advise the Board if there are any
funding or cost problems as winter arises. The committee recommends
Public Works investigate contracting for extended plowing. Proposals
be presented to the Board for a county service area to pay for the
cost of the extended unfunded services to be worked up in the future.
Supervisor Winston stated that he had a problem with the
recommendations. The county is trying to conserve resources and the
recommendation is to extend the snowplowing in Butte Meadows an additional
two miles. This is an additional service over the past. It is not
holding the status quo it is extending a service. He felt this would
be fiscally irresponsible.
Chairman Lemke stated that the recommendation has included in
t that should the snowplowing cost extend over the existing average cost
r amount of money that the item be brought back to the Board.
Supervisor Wheeler felt it was important that the Board direct
Works to conduct a feasibility study into the possibilit~ryof forming
is and also having private contracting of snow removal.
Clay Castleberry, public works director, stated that there
some $15,000 in the budget in anticipated revenue for snowplowing.
t year they spent $62,000 for snowplowing. The budget is so many
lars for so much maintenance including snowplowing. The revenue
icipated is $15,000. An average over the last ten years is about
,000.
Chairman Lemke stated that the service was being extended because
.ere are more people living in the area than in the past. He recommended
e money be used for snowpbwing to service those people and if there is
heavy snow year, the matter can be brought back to the Board.
Mr. Castleberry stated that they would be paying overtime for
work on Saturday and Sunday for the snowplowing for Inskip.
', On motion of Supervisor Wheeler, seconded by Supervisor Lemke
nd carried, the •recommendations as prepared by the committee on the
nowplowing policy for Butte County was accepted with the deletion of the
ounty would provide additional funds from the general fund and inserting
tem to be brought back to the Board for consideration. AYES: Supervisors
olan, Wheeler and Chairman Lemke. NOES: Supervisor Moseley and Winston.
1968 PORT TO BOARD RE: DENIED NEGATIVE DECLARATION AND REZONE OF RUDY JENSEN ET AL
The report to the Board regarding the denied negative declaration
nd rezone of Rudy Jensen, et al from "A-2 Ltd." and "A-R" (agricultural
esidential) to "SR-1/2" (suburban residential - 1/2 acre parcels),
roperty located on the south side of Pearson Road, approximately 600
eet west of Pentz Magalia Highway, and on both sides of Stearns Road,
aradise was accepted as information.
2969 APPOINTMENT TO RECLAMATION DISTRICT N0. 833
', On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the following were appointed to Reclamation
District No, 833:
Ernest Hatch
John C. Adams
Page 410.
December 4, 1979
79-
$'
1979
1980
_ _ _ - _ _ _ _ _ __ __ December 4z 1979 = = _ _ _ ~ _ T _ _ - _ _ _ _ _ _
W Public Works Director to brink back agenda item giving Public
Works the authority to handle refunds of drainage fees at a staff level.
APPROVES".RESOLUTION 79-241 REVISION AS PRESENTED BY COUNSEL
ban Blackstock, county counsel, stated that last week the
Board adopted Resolution 79-241 regarding the odd-even gasoline plan.
There was no resolution before the Board and he was asking that the
resolution in his memo be that resolution.
Chairman Lemke stated that he had received a letter from
Nancy Keppner, Durham who was upset about the negative attitude of the
Board regarding the odd-even gasoline plan.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, the Board declared their intent to ask the
people of the county to voluntarily cut back as much as possible in the
use of gasoline energy and this be made an example for others.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, the resolution 79-241 revision as presented
by Counsel was approved with the inclusion o£ the Following: whereas
this Board is asking for voluntary cut back by fts citizens.
ADDITIONAL MATTERS PRESENTED BY COUNSEL
Dan Blackstock, county counsel, stated that last week the
question from Senator Johnson's office relative to the Board's resolution
on the regional government concept had been referred to him. There was
a misunderstanding in Senator Johnson's Office. They had interpreted
the resolution as seeking opinion for Legislative Counsel.
Mr. Blackstock reported on the PG&E franchise at this time.
The county received the one-half the difference between 1975 and 1978 and
all of 1979. This is $375,000 to $380,000.
ADJOURNMENT
Thera being nothing further before the Board the meeting was
adjourned at 2:00 p.m. to reconvene on Tuesday, December 11, 1979 at
9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK-
RECORDER and ex-officio Clerk
of the Bo rd of Supervisors
" Cha rman, Board of Supervisors
B
Pig"e, .417 .
December 4, 1979
December 4, 1979
79-1970 APPOINTMENT TO BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT AND CITIZENS
b, ADVISORY COMMITTEE ON DRUG ABUSE AND ALCOHOL ADVISORY BOARD - CONTINUED
TO DECEMBER 11, 1979
The following appointments were continued to December 11, 1979:
1. Appointment to Butte County Mosquito Abatement District --
District 5.
2. Appointments to the Citizen Advisory Committee an Drug Abuse
and Alcohol Advisory Board.
':1971 REPORT ON MEETING WITH AMBULANCE OPERATORS
Supervisor Dolan reported on the recent meeting with the ambulance
operators that was held. There will be negotiations on a new contract and
the elimination of the county paying for bad debts. This will be a savings
of $6,000 to $7,000. There may be some other minor revisions. This will
take a couple of months to firm up.
Clif Nickelson, administrative officer, stated that the report
was premature. The Board had directed that the matter be discussed at
this time. The general agreement with the contractors was that they would
no longer bill the county for bad debts. There will he some adjustments
of ambulances running on calls. The state may pick up the Section 5150
calls made by the ambulance companies. This would remove a considerable
burden from the county.
1972 PUBLIC HEARING: NOTICE OF INTENTION TO ABANDON THE DURHAM CEMETERY AND
DEDICATE IT AS A PIONEER MEMORIAL PARK
The public hearing on the notice of intention to abandon the
Durham Cemetery and dedicate it as a Pioneer Memorial Park was held as
continued.
Chairman Lemke stated that the Board had received a letter
from Mark Tristan, 7r., Parrott Ranch Company.
Dan Blackstock, county counsel, stated that he had sent the
', Board a letter earlier and reported on the meeting held with Supervisor
Dolan and the people in the community including the Hayes. He has been
advised that the Hayes will not accept the proposal that was agreed to.
If the Board determines they wish to dedicate this as a Pioneer Memorial
Park, they may do so by adopting resolution that would be recorded and
his office would file a quiet title action. It is a policy decision as
to how the Board wants to go on the situation. Basically, the county
would be responsible for the cemetery if it was designated a Pioneer
Memorial Park.
Supervisor Dolan stated there had been man discussions on
this matter. The issues axe shall the cemetery by public property and
how much of the cemetery will be public property. The letters from
Parrott Ranch Company outline the belief that when they gave the property
to the burial society the whole thing was to be for a cemetery. Supervisor
Dolan stated that during the meetings held they tried to reach a common
ground. One common ground is that the access in the public interest where
the gravel is should be public. Part and parcel of that is if the public
has to have road access to the well. When the burial society dissolved
there was a trust fund and money providing for burials and for the
return of money to anyone who came forward, and wanted their money back.
She understood the agreement was not totally acceptable.
Page 411. December 4, 1979
79-
December 4, 1979
Hearing open to the public. Appearing:
1. Howard L. Sondroy. Mr. Sondroy stated that he had something
to do with the Christian Burial Society. He was the executor of an estate
for a person who was buried in the cemetery. He went to the society in
February 1973 when the gentleman died. He was advised at that time there
was no record of payment of dues. Mr. Sondroy stated that he had driven
the gentleman to the society to make the payments while he was still alive.
There was a ledger of people who belonged to the society and they had a
receipt book. The receipt book had been destroyed. Mr. Sondroy stated
he had to pay $150 to have the .gentleman buried in the cemetery. This was
paid out of his own pocket. He felt it was the county's duty to do the
right thing. He felt the whole thing had been a ripoff. He felt the
District Attorney should look into the matter.
2. Charles Curtis Hayes. Mr. Hayes stated that everything
described by Mr. Sondroy happened before they bought the cemetery. He
could not speak to those issues. Since the original receipt of the
resolution of intention to abandon the cemetery, which is four months
ago, he has endeavored to reach a compromise. He has been willing to work
with the Board and staff and has been attending all the public meetings
on the matter. He is willing to give the old cemetery portion of the
property without any charge to any organization that:..will care for it and
maintain it. They are still willing to do this. This organization must
have the capability to adequately administer and maintain to what they
feel is an acceptable level. The county has neither the money nor the
time to do this. In private discussions with the residents of Durham,
they have discerned a lack of concensus as to what should be done with
the cemetery. Some feel splitting the cemetery is not acceptable. Others
feel the Hayes are doing a good job. Some feel that they have no right
to any portion of that property and would like to have it taken away.
This makes it difficult to arrive at a settlement.
Mr. Hayes offered their proposal at this time. This is proposed
as an interim solution. They are willing to dedicate the used portion of
the cemetery .as a historical park or memorial cemetery. This would follow
the lines of a historical monument which can be privately owned and the
public would be allowed access. They are willing to dedicate the property
to show good faith and show access to the property. This would be put
in writing. They would want assurances during the interim that an
organization would be able to continue to. maintain and administer the
trust fund. He dad not think this was a job the county wanted. In the
event the people of Durham come together with a viable organization
like a cemetery district that will give continuity, they would give the
piece of property free and clear. They have a right to ask for proper
maintenance. By being given to a cemetery district, the county and
taxpayers are not liable for administration or maintenance. The people
of Durham would get what they want. They would get what they wanted.
They would be willing at some point in time as the organization is able
to turn over such money as necessary. He asked that the Board table the
abandonment at this time. It will take some time to get these things
done that have been presented. He would like at least six months.
Mr. Hayes stated that during the interim period he would be
willing to continue to sit dawn and work with the people to make it
easier for them to .assume ownership of the property. A11 monies and
titles would be transferred.
Mzr: Blackstock stated that originally Parrott Ranch Company
gave three plus acres to the burial society. The burial society sold
the west 150 feet to an individual and the remaining property is about
two plus acres. Page 412. '
December 4, 1979
79-
_ _ - - - _ _ - _ - - - _ -ecember 4, 1979 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
- Mr. Hayes spoke regarding the telegram that had been received
by Parrott Ranch Company. They are not asking for the company to
condone this proposal. He asked if they have a legal interest in the
property. If the counsel for the company had a goad case against them
he could step forward. They do have title insurance on the property.
Mr. Hayes stated that a cemetery district or a like viable organization
would be acceptable to them. He was just talking about dedication of the
used portion of the cemetery. The trust fund transfer is something
that could be negotiated between them and the parties who wanted to take,
over the cemetery. They will guarantee public access to the cemetery.
When someone comes forward, they can negotiate the road and the well.
Mr. Hayes stated that dedicating the old cemetery as a historical site
would be a very low key item. They would place a glaque saying the
cemetery was established a certain date and is a place of historical
interest.
Supervisor Dolan felt that if the people of Durham knew that
they owned the cemetery and had responsibility far the trust fund and
an easement for the road and well there would be a group step forward.
Supervisor Winston stated that it would be possible for the
Hayes to deed the old cemetery to a third party, such as a title company,
until such time as an organization comes forward. When the organization
had demonstrated the ability to maintain the cemetery, the Hayes could
authorize the cemetery to be deeded to them. This would be under a
holding agreement and Mr. Hayes would be able to maintain the cemetery.,,
until the transfer took place. This would be for the entire piece of
property.
Mr. Hayes stated that he would have to say No. It would be
all right for the used portion of the land. The used portion of the
property is roughly one-half of it.
Supervisor Dolan stated that people are saying the entire
property is a cemetery. Another part is saying they would be willing
to go along with the used property as long as the well water can be
used for the cemetery and there is public access and the trust fund
is given to the cemetery. -
Mr. Hayes stated that they would be willing to grant use of
the well as long as they were able to drill another well if needed
on the cemetery property. He guaranteed there would be water.
Mr. Blackstock stated that a cemetery district is supported
by ad valorm taxation. Adding another ad valorra taxing entity would take
away from the $4 tax rate for the other entities. He has been advised
there is approximately $10,000 in the trust fund. At the present time,
this would give an organization about $1,100 per year to work with.
He did not think there had been major expenditures of county funds
in the Forbestown Cemetery.
Mr. Hayes stated that members have a right to draw on the
trust fund and there are people that must be buried in the cemetery.
Mr. Sondroy stated that he understood that when the property
was sold, the Hayes paid for the property where the home and office were.
Mr. Hayes stated that they purchased the entire property of
the Chico Burial Society. They have a clear title.
Page 413.
December 4, 1979
79-
Decem_be_r _4, 1979 _ _ _ _ _ _
J _ 3. Jan Holman. Ms. Holman stated that Mr. Hayes had said
there was no viable organization to take over the property. She felt
the county was a viable organization. They had discussed setting aside
the $10,000 in the trust under the care of the county and possibly the
park and recreation district would help. If they had $1,000 per year
they-could maintain the cemetery. She felt the community could raise
money through dinners and fund raisers. This could be added to the
trust fund. She was sure the Durham Park and Recreation District
would take the cemetery over. If there was title insurance the Hayes
could be repaid for the money spent on the property. Mr. Hayes has
said that he takes care of the property with their own expenses. She
questioned the amount of money that was paid for all of the property.
and the expenses. The trust fund was for refund to the people who
requested it. The .Hayes are using the purchase price in the trust
fund to take care of their own property. There are three trustees
for the trust fund. One of them is Curtis Hayes. This seems to be
a conflict of interest. There is a seven year trust. 'What happens
is the money reverts back to them. She would like to see how much money
has been paid out and to whom. If they are allowed to keep the trust
and be in charge of it, how much will be left. Mr. Hayes had advised
that he would have a copy of the trust fund submitted to County Counsel.
He did not do that.
Ms. Holman stated that Mr. Hayes had told them that David
Buck had led.them ttirnugh this sale. She contacted Mr. Buck and he
refuted this statement. The Board he was on did not have any say over
the burial society. Some of the older members of the society stated
that it had gone defunct. Some college students took over the house on
6th and Locust in Chico. This property was declared abandoned and
sold for back taxes. The college students were going to buy the property.
A gentleman went to either the District Attorney, Consumer Fraud Unit
and the Board of Supervisors. and asked what could be done. They did
not know the cemetery property went with. the house on 6th and Locust.
Ms. Holman felt that the legal bodies in the county should take a look
into this. She would like the county to declare this a Pioneer Memorial
Park for the entire property. She knew there were organizations in
Durham that have expressed an interest in going into the cemetery and
cleaning it up. She felt that it could lie maintained by someone
going in there once or twice a year. She would like to leave the road
like it is. She felt that $1,000 would keep the cemetery going.
Ms. Holman did not feel there were any more people out there that had
an interest in the cemetery.
RECESS: 12:30 p.m.
RECONVENE: 1:35 p.m.
Chairman Lemke stated that there were some serious allegations
made over the legal mater that should not have entered into the notice of
intention to abandon the Durham Cemetery.
The allegations were referred to the District Attorney for
clarification. Chairman Lemke stated that the hearing would be
continued and he wanted all the legal ramifications discussed. He wanted
it settled so the Board could continue with the notice of intention to
abandon.
4. Louis Camenzind, Jx. Mr. Camenzind left recorded documents
with County Counsel. The recorder's document numbers are 19971 and 29300.
Page 414.
December ~+, 1979
79-
•_-______~_-December4,, 1979___=___ _____~__
Supervisor Dolan questioned the procedure. The Chairman
asked who else wanted to speak before the Board recessed for lunch.
Now the Chairman is saying these people cannot speak today.
Chairman Lemke stated there was no sense in going any further
because the Board is not able to make a decision on the matter. There
are too many legal questions that were raised this morning for the Board
to make a decision on it. He did not want to hear testimony over who
has the right to own the cemetery. The Board needs to get that issue
out of the way and then discuss the abandonment.
5. Elizabeth Durham Joseph. Mrs. Joseph stated she would
like to leave a copy of the letter her attorney wrote to Mr. Blackstock.
Mrs. Joseph was advised that the Board had copies of the letter.
Mr. Hayes Sr. asked that they receive copies of the material
that had just been presented.
The hearing was continued to January 15, 1979 at 10:00 a.m.
1973 COMMUNICATIONS
Butte County Law Enforcement Officers Association. The association
writes advising that they are withdrawing their appeal that
is set for 10:30 a.m. Handled earlier in the meeting.
John A. Drake, Chico. Mr. Drake writes clarifying his appeal of
conditions on the Woodside tentative subdivision map and
advises that they are appealing conditions 13 and 24 and
461 under mitigation measures of the environmental assessment.
(Hearing had been set for December 18, 1979.) Information;
no action taken.
Ron Graves & Associates, Oroville. The surveyors, on behalf of William
Wilson, appeal the Advisory Agency's denial of a tentative
parcel map for AP 25-16-22, 24 and 25, two lots, east side of
Highway 70 approximately one mile south of Power House Hill
Road, Palermo area. Set for hearing December 18, 1979 at
11:15 a.m.
McCain Associates, Chico. The engineers, on behalf of Mary E. Dias,
appeal condition ~~18 on the tentative Meadow Estates
Subdivision Unit No. 2, 44 lots, AP 43-04-129, AP 43-054-18
& 19 and AP 43-07-08, south side of West 11th Avenue between
Fern and Hally Avenues, Chico. Set for hearing December 18,
1979 at 11:30 a.m.
Louisiana Pacific Corporation. The corporation writes petitioning to
zone as timber land (TPZ) AP 71-04-19 in accordance with
Section 51113.5 of the Government Code. Referred to Planning
and Assessor.
Butte County Law Libraxy. The Law Library Board of Trustees file their~•
annual report as required by Business and Professions Code
Section 6349. Discussed; no action taken.
Stewart, Craig, Humpherys & Burchettt, attorneys at law. The atYSrneys,
on behalf of Ivory Mason and Alma Mason, file an application
for leave to present a late claim and file a,ciaim as a resiklt
of an automobile/train accident occurring on or about
December 6, 1978 at 'the.. Cox Lane overcrossin~f the Western
Pacific railroad tracks south of Oroville. ee motion following
communications. Page 415.
December 4, 1979
December 4, 1979
79- Albert W. Walthall, Oroville. Mr. Walthall writes requesting that
•8' the Board of Supervisors consider adoption of an ordinance
regulating the collection of produce waste and food residue.
Referred to Health Department.
Mike Curb, lieutenant governor. Mr. Curb forwards information relative
to the effects of deregulation of the airline industry and
its effects on may communities. Information; no action taken.
State Air Resources Board. Mary Nichols, chairwoman, writes requesting
confirmation of agreement concerning agricultural burning
beyond the permitted allotment during the rice burning season.
Referred to Counsel and Agricultural Commissioner for letter
of confirmation.
Petition. A petition has been received with eight signatures appealing
the decision of the Butte County Advisory Agency to approve
the EIR and Big. Chico Creek Estates tentative subdivision map,
172 lots, AP 42-15-34 and 37, AP 43-27--01, 11 and 12 and
AP 43-29-19 and 22, south side of West Sacramento Avenue,
approximately 3,000 feet west of Highway 32, Chico. Set for
hearing January 8, 1980 at 10:00 a.m.
Rigoverto and Anita Felix, Chico. Mr. and Mrs. Felix appeal the denial
of aseptic tank permit for a mobile home on AP 46-12-1-9 in
the Chapman area. Set for hearing January 8, 1980 at 10:30 a.m.
Environmental Health to receive. copy of appeal.
1974 DENY APPLICATION FOR LEAVE TO PRESENT LATE CLAIM - IVORY MASON AND ALMA MASON
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the application for leave to present a late claim
and file a claim as a result of an automobile/train accident occurring on
or about December 6, 1978 at the Cox Lane overcrossing of the Western
Pacific railroad tracks south of Oroville by Ivory Mason and Alma Mason
was denied and referred to Counsel and Risk Management Coordinator.
1975 REFER LETTER FROM MR. D. E. BAK, TRAIL BIKE OFFICER COMMITTEE TO SHERIFF
AND ADMINISTRATIVE OFFICER TO INVESTIGATE THE MATTER
The letter from Mr. D. E. Bak, Txail Bike Officer Committee,
asking for permission to buy equipment for a deputy Sheriff for use of
a trail bike was referred to the Sheriff and Administrative Officer to
investigate the matter.
197d ADDITIONAL MATTER PRESENTED BX CHAIRMAN LEMKE
Chairman Lemke stated that the Board had received a copy of
a letter complimenting the actions of the dog catcher.
Supervisor Moseley asked that Mr. Cox be invited to attend
a Board meeting.
1977 AUTHORIZE REFUND OF DRAINAGE FEE - JIM LAWSON
On motion of Supervisor Dolan, seconded by Supervisor Lemke
and unanimously carried, the drainage fee paid by Jim Lawson was authorized
to be xefunded.
1978 PUBLIC WORKS ASKED TO BRING SACK ITEM GIVING PUBLIC WORKS AUTHORITY TO
REFUND DRAINAGE FEES COLLECTED
Discussion of the appeals to the condition imposed requiring
permanent solution to drainage and the drainage fee refund requests held
at this time. It was felti hat this refund matter should be handled at
staff level.
Page 41b.
', December 4, 1979
i
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