HomeMy WebLinkAboutM010582January 5, 1982
STATE OF CALIFORN?~4 )
SS.
COUNIR OF BUTTE )
82 The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
~' Present: Supervisors Dolan, Saraceni, Wheeler and Chairman Moseley. Clif
Mickelson, administrative officer; Del 5iemsen, county counsel; and Clark A.
Nelson, county clerk-recorder, by Nancy Wilson, deputy clerk.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Saraceni
1 RE-ORGANIZATION OF BOARD: SELECTION'OF CHAIRMAN AND VICE-CHAIRMAN
The meeting was called to order for the purpose of re-organization
of the Board. Chairman Moseley declared nominations in order for Chairman
and Vice Chairman .for the ensuing year. Supervisor Saraceni nominated
Supervisor Y7heeler as Chairman. The motion. was seconded by Supervisor Dolan.
Supervisor Dolan stated she would like to speak up for District 2.
She was concerned regarding what caused the problem of District 2 not being
allowed to have a Chairman represent them. The Board failed to follow policy
and failed to look at the eruity of District 2 not being represented. It
will be passed over during her initial term. She felt they need strong policy
that they follow and every supervisor's district will have an opportunity for
the Chairmanship. It should be rotated and there should be no schemes. She
feels bad because her district was not allowed the opportunity to chair during
her term of office. She feels bad they did not follow the procedures more
stron~jly.
Clif Mickelson, administrative officer, stated he could see her
ogic. Tt got out of turn for various reasons. There are supervisors who
o not feel they are ready to handle the chairmanship or because of lack of
nowledge due to replacements on the Board because of deaths.
Supervisor Dolan stated the procedures were not followed. It should
ve been District 2 turn to serve. The policies should be followed and every
portunity given that each supervisor will have a turn.
Supervisor Saraceni stated he agreed with the fact it should be in
der and his information is that it has been. If someone comes in and feels
ey are not quite experienced or for other reasons do not wish to serve,
d they decline it should be allowed.
There being no further nominations the nominations were closed. Vote
motion: Ayes::.. Supervisors Dolan, Saraceni, Wheeler and Chairman Moseley.
ion carried. Supervisor Moseley declared nominations in order for Vice-
irman for the ensuing year. Supervisor [doseley nominated Supervisor Dolan
Vice-Chairman.. The motion was seconded by Chairman Wheeler. There being
further nominations the nominations were closed. Vote on motion: Ayes:
ervisors Dolan, Moseley, Saraceni and Chairman wheeler. Motion carried.
Supervisor Moseley presented a gavel to Chairman Wheeler, She
ed everyone for their help during the past year, staff and all depart-
heads and the other supervisors fox making it a nice year
2 RESENTATION OF MEMORIAL RESOLUTTONS FROM THE STATE OF CALIFORNIA TO ROBERT
EMKE'S FAMILY REPRESENTATIVE
Chairman Wheeler make a special presentation of memorial resolutions
rom the State of California to the family of Robert Lemke. The resolution was
ead into the record at this time. The resolutions were accepted by Ron Ma?~
n behalf of the Lemke Family.
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APPROVAL OF MINUTES
There was a motion by Supervisor Dolan, seconded by Supervisor
Saraceni, that the following minutes be approved as mailed:
December 8, 1981
December 9, 1981
December 15 and 16, 1981
Amended motion:
Correction to minutes of December 15, 1981, minute order 81-2840,
page 3, paragraph 3 to reflect: There is $500,000 sitting in.appropriations
for the proposal, instead of $1 lit million.
Bettye Blair,. planning director, requested that there be correction
to the minutes of November 24, 1981 per the memo she presented to the Board.
Second amended motion:
Correction to minutes_of Aecember 1;,1981; minute order 81-2776,
page 471, addition Condition #12 to the Ralph Carpenter proposed negative
declaration and rezone from "PA-C" to "PA-C" to amend development plan to
allow expansion of recreation building on property located on northwest
corner of Village Lane and Wycliff Way, Paradise Pines area, identified as
AP 64-29-01 and AP 64-30-01 as follows:
12. Create one-way traffic pattern onto Village Lane from Wycliff Way.
Vote on amended motion:
AYES: Supervisors Dolan, Moseley, Saraceni and Chairman Wheeler
Motion carried.
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ADDITIONAL AGENDA ITEMS (BOARD MEMBERS) TO BE ADDRESSED AT THE END OF THE DAY
Supervisor Dolan stated she felt there was an item missing from the
agenda. The Board initiated the Additional Agenda Items and she felt it
should continue.
Clif Nickelson, administrative officer, stated it was substituted
because of the selection of Chairman and Vice-Chairman.
Supervisor Saraceni would like to discuss the Redevelopment Agency
flan in Chico.
Supervisor Moseley would like a letter of appreciation sent to
Sheldon Jeffers of Superior California Water Association for his many years
of service.
Supervisor Moseley would like a report on litigation regarding the
Durham Cemetery. County Counsel to report back later in the meeting.
Chairman Wheeler stated she would announce some CSAC items at
the end of the meeting.
PUBLIC HEARIDIG DATE SET FOR CONSIDERATION OF APPROPRIATIONS FROM CONTINGENCY
FUNDS RELATIVE TO SB 361
Discussion and policy direction was held regarding SB 361, holding
public hearings for appropriations from contingency funds at this time.
Clif Nickelson, administrative officer, stated information had
been sent to the Board regardirigGt~is matter. They have talked about any
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January 5, 1982
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82 transfer from any budget unit. Item number three does not require a noticed
~ hearing. He felt they should endorse 1, 2, 4, 5, 6 and 7 of the memo. He
suggested they place these items at the 10:00 a.m. hearing time each week
for consideration. The transfers from the reserve could be held in one hearing.
Chairman Wheeler stated she was acceptable to the procedure and had
discussed it with staff and the Auditor. She felt they should set a hearing
date.
t~ir. Nickelson felt.:acta:on on the past items was between the Board
and Counsel. The legislation was urgency-and became effective July 12, 1981.
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
carried, a public hearing date was set for January 19, 1982 at 10:00 a.m.
for consideration of appropriations from contingency funds; the procedures
as outlined in a memo to the Board regarding SB 361 be implemented.
Jim Johansen, auditor, stated one of the major ones from the reserve
and unanticipated funds was the two percent increase for salaries to employees.
6 PUBLIC HEARING DATES SET - SB 361 LEGISLATION
Public. hearing.,-dates were: set .for .January 12, 1982 at 10:00 a.m.
on the following items:
1. Budget transfer-83 - Assessor. The Assessor requests a transfer
of funds in the amount of $4,000 from the reserve to professional and special-
ized services.
2. Medfly contract - increased appropriations in the Medfly Program.
The Agricultural Commissioner has requested an increase in appropriations
amounting to a total of $78,799 ..from unanticipated revenue.
3. Trial juror per diem. Report regarding consideration of trial
juror per diem and mileage reimbursement and Grand Juror mileage reimbursement.
7 CONTINUE TO LATER IN MEETING - CONSIDERATION OF WAIVING SECOND READING OF
ORDINANCE IMPLEMENTING THE PROVISIONS OF GOVERNMENT CODE SECTION 26945
CONCERNING QUALIFICATIONS FOR THE POSITION OF COUNTY AUDITOR
At the request of Supervisor Moseley the waa.ving of the second
reading of an ordinance implementing the provisions of Government Code
Section 26945 concerning qualifications for the position of County Auditor
were continued to later in the meeting.
$ ADOPT RESOLUTION 82-1 - CHICO LIBRARX WEEKEND SERVICES CHANGED
Discussion regarding a report from the Director of Libraries on
optional schedules to provide weekend services. was held at this time.
3osephine Terry, director of libraries, set out the background
of her report. There are .approximately 25 people involved in volunteer training.
In order to open the Paradise library, they need one additional person. There
would be a cost of $7,521. This would be from January through June. Chico
Library uses existing staff, this is because of the two libraries. It would
involve closing t`he town library on Friday. Memorial Way is open at that
time and staff would rotate, There are no evening hours open at Memorial
Way where they have the ramp so they switched hours.. Parking facilities
.become more difficult each year. Her recommendation would be to support
Saturday service in both libraries. If the Chico Library is done without
the Paradise, there will be problems later that will need to be faced.
Reference requests at the library takes specialized knowledge. A chart has
been enclosed with her report.
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January 5, 1982
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Chairman-ti+Theeler stated there has been a coordinated effort and^the
situation in Chico is temporary until this summer. Hours at the new library
gill be addressed at a later time. She felt by having the facility open on
;aturday it would allow more access.
Mrs. Terry stated there have been many letters regarding the
Saturday hours. It is very desireable. They have a complex operation
:nd they were cut back severely during budget time. They do not have
.he existing staff in Paradise to remain open on Saturday without placing
a burden on the employees. They were not hired to work bn Saturdays. They
sorrow people from Chico now as they only have four people. There needs to
~e two people, one in reference and one in circulation in order to remain
open. The workload in Paradise is heavy and. has been since it opened five
dears ago. The additional workload has not been provided there. The work-
load will increase in Chico when the parking improves.
Clif Mickelson, administrative officer, suggested taking someone
from the Oroville headquarters to work in Paradise. He was. concerned about
the $1,000 proposal. If he were making a proposal for tomorrow, he would
close two libraries, abolish the bookmobile and. eliminate a lot of services.
Mrs. Terry stated they had sent two employees to Paradise in the
last two years and taken a half position from the bookmobile.
Chairman Wheeler stated she did not feel comfortable because of
budget constraints hiring a full time regular employee at this time. What
she was looking for was a restructuring of the hours and some way in which
to accomodate the general public to access the facilities.
Mrs. Terry was concerned about the equity of opening Chico on
Saturday. There is a moral problem because of layoffs, people having to
change their duties and people transferred to stations 25 miles from their
residence.
Supervisor Saraceni stated he could support the changes in time
if there was no additional cost. He is aware Mrs. Terry is trying to do
the best work she can. He could not support changes in time at additional
expenses.
On motion of Supervisor Dolan, seconded by Supervisor Moseley
and carried. Resolution 82-1 changing the present hours at the Chico
Library to remain open on Saturdays at no additional expense was adopted
and the Chairman authorized to sign.
Supervisor Pdoseley suggested the Paradise branch be open on
Saturday from 10:00 a.m. to 2:00 p.m. on Saturday.
Mrs. Terry stated this would involve a half time person at a cost
of $7,750. She stated a volunteer could not handle the work of a reference
person. They do utilize volunteers, but they are not trained. They can
handle clerical work.
The matter regarding Paradise library was taken under submission
and to be discussed with staff.
RECESS: 10:06 a.m.
RECONVENE: 10:16 a.m.
9
PUBLIC HEARING: BUDGET TRANSFER B-102 - SHERIk'F-CORONER.
The public hearing on Budget transfer B-102 - Sheriff-Coroner.
Appropriating unanticipated revenue of approximately $50,000 from the City
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January '5, 1982
January 5, 1982 _ _ _ _ _ __ _
82 of Biggs for implementation of the contract between the City of Biggs and the
b county for Sheriff's services was held as advertised.
Gerald Lively, deputy administrative officer, set out the background
on the transfer. The contract with the City of Biggs has been approved_ The
transfer is for $31,800 for the remainder of the fiscal year for police
protection services.
Heating 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 Saraceni
and carried, Budget transfer B-102 - Sheriff-Coroner which appropriates
unanticipated revenue of approximately $50,000 from the City of Biggs for
implementation of the contract between the City of Biggs and the county for
Sheriff`s services was approved.
10 CONTINUE TO LATER TN THE MEETING - PUBLIC HEARINGS: GENERAL ASSISTANCE FAIR
HEARINGS, CASE NO. 91-9660 AND 91-9921
The public hearings on General Assistance fair hearings for Case
No. 91-9660 and 91-9921 was held in closed session.
CLOSED SESSION: The Board recessed at 10.:20 a..m.to hold a closed session
regarding General Assistance fair hearings.
RECONVENE: The Board reconvened at 10:28 a.m. after holding a closed session
regarding General Assistance fair hearings. The matters were
continued to the end of the meeting.
11 APPROVE DEPARTMENT OF FOOD AND AGRICULTURE MEMORANDUM OF UNDERSTANDING
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
carried, the memorandum of understanding from the Department of Food and
Agriculture regarding the commodity fumigation program with the State to
provide Butte County two self contained breathing apparatus and six additional
steel tank was approved and the Chairman authorized to sign and accept the
equipment.
12 AUTHORIZE REQUEST FOR FUNDING OF EQUIPMENT THROUGH THE NORTHERN CALIFORNIA
EMERGENCY MEDICAL CARE COUNCIL
On motion of Supervisor Dolan, seconded by Supervisor Saraceni
and carried, the request for funding of equipment through the Northern Calif-
ornia Emergency Medical Care Council was authorized.
13 ADOPT RESOLUTION 82-2 - NORTHEAST CHICO ASSESSMENT DISTRICT REQUEST FOR
JURISDICTION
On motion of Supervisor Dolan, seconded by Supervisor Moseley and
carried, authorized filing of request .for jurisdiction as submitted by the
Chico City Council; Resolution 82-2 granding jurisdicition to the Chico City
Council was adopted regarding the Northeast Chico Assessment District.
14 APPROVE/DENY PENALTY ABATEMENT REQUESTS - CHANGE OF OWNERSHIP REPORTS
On motion of Supervisor Moseley, seconded by Supervisor Saraceni
and carried, the following penalty abatement requests, change of ownership
reports were approved:
Duane D. Van Liew, AP 021-16-0-071-1
Thomas Jenkins, AP 048-04-0-025-0
Floyd D2. Wilson, AP 025-24-0-073-0
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January 5, 1982
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_ January 5, 1982
Alvin D. Richins, AP-012-16-0-062-0
Vivian J. Olmstead, AP 035-14-1-010-0
John D. Costello, AP 039-35-0-039-0
Mr. & Mrs. Neal Douglass, AP 072-18-0-036-0
Jean Burchardt, AP 033-06-8-011-0 and AP 033-06-8-01.2-0
Mr. & Mrs. Lawrence E. Gordon, AP 048-28-1-019-0
Eugene E. and Mary Myers, et al, AP 060-10-0-006-0
Eugene E. and Mary E. Myers, et al, AP 060-19-0-007-0
Mr. & Mrs. Allen C. Paieri, AP 040-15-0-064-0
Florence M. Lydon, AP 052-16-0-010-0
Abbots Whispering SVaters, AP 005-23-3-002-0
Norman Trabulus, AP 044-23-0-053-0
Mr. & Mrs. Manuel Cortes, AP 042-12-0-016-0
Mr. Jerry I. Leen, AP 040-33-0-014-0
Mr. & Mrs. Scott D. Olry, et al, AP 012-14-4-009-0
the following penalty abatement requests, change of ownership reports were
denied:
Neal Douglass, AP 072-18-0-029-0
Barbara E. Murray, AP 013-08-4-002-0
Neal Douglass, AP 072-18-0-028-0
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APPROVE BUDGET TRANSFERS
On motion of Supervisor Moseley, seconded by Supervisor Saraceni
and carried, the following budget transfers were approved:
B-10.6 - Sheriff-Coroner - Incarceration. Transfers $1,000 from
special departmental expense to fixed assets - equipment. The appropriation
in the final budget for the purchase of four gun lockers at a cost of $250
each was transferred from fixed assets - equipment to special departmental
expense by budget transfer B-25 on September 22, 1981. Because these lockers
will cost over $350 each, it is necessary to transfer the appropriation back
into the fixed asset account to enable the Auditor to account for these items
as fixed assets.
APPROVE HOUSING AND COMPAUNITY DEVELOPMENT ESCROW SERVICES
Pat Osborne, Connerly and Associates, set out the background on
the escrow services for the Home Purchase Assistance Program with Sank of
America as trustee. This program requ-res different type of escrow arrange-
ments than can be handled by Oroville Title Company. This is because the
rent applies towards the down payment of the home. The forms have been
reviewed by County Counsel and Auditor. They looked around for an escrow
officer and Bank of America appears to be the only agency able to handle
this work.
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January'5, 1982
January 5, 1982
82 It was moved by Supervisor Saraceni, seconded by Supervisor Moseley,
{r the use of Bank of America as trustee for the Home Purchase Assistance Program
was approved and Connerly and~Associates, Inc., on behalf of the county, to
issue escrow instructions to Bank of America was authorized .and Chairman
authorized to sign letter.
Supervisor Dolan questioned if only three banks were contacted
regarding this service. She felt others should have been considered.
Ms. Osborne stated they only considered where branch locales were
local. There was a need for a trust department and. holding escrow department.
Bank of America had a regional branch in Sacramento and they gave them a
price they felt was reasonable. The Chairman is still required to sign, but
Bank of America will handle the escrow.
Del Siemsen, county counsel, stated he understood Connerly and
Sssociates would issue instructions as far as conditions of purchase. The
Loan itself would require the Chairman to sign and Board approval.
Ms. Osborne stated Bank of America would notify Connerly and Associates
should they decide to foreclose and send it back to the county.
vote on motion:
AYES: Supervisors Dolan, Moseley, Saraceni and Chairman Wheeler
t4otion carried.
17
PROVE VARIANCE RENEWALS
On motion of Supervisor Moseley, seconded by Supervisor Saraceni
d carried, the following variance renewals were approved:
1. Approved variance renewal for Betty Anderson to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home on
AP 56-07-33, Box 112 G, Cohasset Stage, Chico area, zoning: "TM-5".
2. Approved variance renewal for Charles and Nancy Lueder to
Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile
home on AP 36-31-124, 4100 Foothill Boulevard, Oroville area, zoning: "A-5".
18 APPROVE CONTRACT WITH VETERAN5'ADMTNISTRATION FOR MENTAL HEALTH RESIDENTIAL
caRE
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
carried, the contract for residential care with the Veterans' Administration
at the county Mental Health detoxification facility was approved and the
Chairman authorized to sign.
19 APPROVE SACRAMENTO PARK TENTATIVE SUBDTVISTON FINAL MAP
Clay Castleberry, public works director, set out the background on
the subdivision map. Tt is adjacent to Big Chico Creek extension and is on
the south side of Sacramento Avenue. There has been development in the area
and the tentative map was approved last year.
On motion of Supervisor Saraceni, seconded by Supervisor Moseley
and carried, the final Sacramento Park Subdivison map was approved for the 15
lot subdvision on Kingsburry Court at Sacramento Avenue, AP 42-15-23, in the
Chico area; easements as described. in A. B and C of the owner's certificate
as offered for dedication was accepted;. the Kingsburry Court in fee simple
teas accepted; and the Chairman authorized to sign the subdivision agreement.
20 DISCUSSION: PROBLEMS OF DRAINAGE IN THE PALERMO AREA
Discussion regarding the Palermo storm drainage problems held at this
time. Page 27,
January 5, 1982
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a Clay Castleberry, public works director, set out the background on
the problem of storm drainage._ He has talked with Supervisor Saraceni and
Moseley. They have toured the area. Great problems exist in the area and
there is no organized maintenance entity such as in Thermalito. He suggested
they go back and hold more public meetings. He and Supervisor Saraceni have
held one meeting where they talked about a county service area for storm
drainage maintenance. If they go through the public hearing phase, it will
take one year. This is the worst area in the entire county. People have
built dams across one or two of the creeks and the county cannot remove them
until ah entity is formed. Some in Gridley they..do not maintain. They would
not have to acquire some of the easements, so they would have a small county
service area. Tt would cost approximately $13,000_.to $30,000 per year. They
could start getting property owners to remove the dams. They hold some more
meetings or start the procedings which would take a year. There are people
in the audience who would like to speak. Some have been unable to get into
their homes the last two weeks. If the community does not want to go with
one of the suggestions, let the community suffer and do nothing. Several
people have indicated they were willing to pay for this, such as $15 to $20
per parcel. The problems are on the lower end.
Supervisor Saraceni concurred with Public Works Department as they
have been out in the area. Funds are limited. They had the same problem
in the Thermalito area. To put in culverts would raise the cost. They want
to allow the flow to take place.
The matter was continued to later in the meeting.
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PUBLIC HEARING DATE SET FOR CHTCO RSVER ROAD LO[9 WATER CROSSING
A public hearing date was set. for January 12, 1982 at 10:00 a.m.
for consideration of repair to a low water crossing on Chico River Road
one-half mile north of Ord Ferry at a cost of $22,000.
Clay Castleberry, public works director, stated there has been
a number of accidents because of the drop off on the road. There:::needs
to be major repair and they will transfer $22,000 from the road reserve
after the hearing.
ADDITIONAL INFORMATION REGARDING PUBLIC WORKS
Clay Castleberry, public works director, stated last week end
the, Public Works Department had spent $20,000 in overtime plowing within
the guidelines set out last year by the Board. They have no responsibility
within the town limits. The crews worked 16 hcur shifts. He appreciated
their effort on behalf of the county.
Supervisor Saraceni thanked them for pulling through when they
had no control over the weather conditions.
CONTINUE TO JANUARY 12, 1982 - CANCELLATION OF WTLLIAMSON ACT CONTRACTS,
SB 2074
Discussion regarding Senate Bill 2074 the cancellation of William-
son Act contracts was held at this time.
Bettye Blair, planning director, stated the Board had received a
copy of a letter presented by Supervisor Saraceni giving his thoughts on
the issue.
Supervisor Saraceni stated he had presented a suggestion and PQs.
Blair had a copy. This is input from people of the community. It was
prepared with notification to property owners in the Williamson Act window.
It is suggestions on preliminary maps and findings necessary to go ahead
and look at tentative approval. They have 150 days and it started January 1.
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J V Ms. Blair stated on paragraph 4 of page 1 is what she is looking for.
She had discussed this with Supervisor Saraceni over the telephone regarding
the alternate land use. 2•]s. Blair presented material she had received from
CSAC regarding this issue for Board review. There is a different opinion
than presented by OPR. There is concern about leap froging. She had also
received Supervisor Dolan's thoughts. She would like to meet with Supervisor
Dolan and Chairman Wheeler to review the data and bring back a proposal next
week.
Continue to January 12, 1982 final decision on cancellation of
Williamson Act contracts (SB 2074}.
ADOPT RESOLUTIONS 82-3 ANA. 82-~ - PUBLIC HEARING DATES SET FOR ABANDONMENTS
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
carried the following public hearing dates were set:
1. Adopted Resolution 82-3 setting a public hearing date of
February 9, 1982 at 10:00 a.m. for consideration of abandonment of portion of
Hewitt Avenue (300 feet long by 8D feet wide; 0.55 acres) between Williams
Avenue and Ludlum Avenue, Palermo for Scott Lawrence; and the Chairman
authorized to sign.
2. Adopted Resolution 82-4 setting a public hearing date of
February 9, 1982 at 10:00 a.m. for consideration of abandonment of Railroad
Avenue, between N:elisa Avenue and Louis Avenue; Palermo for Jace K. Rash;
and the Chairman authorized to sign.
DISCUSSION: CONDITIONAL ZONING - PLANNING DEPARTMENT
Discussion regarding conditional zoning was held at this time,
Bettye Blair, planning director, stated she has discussed this
with County Counsel and they disagree on two major points. Counsel feels
the remedy for conditional zoning is no more than .any zone. He feels they
should use development agreements. The County of Sacramento has used it
and there has been no litigation. They could still entertain that and use
the zoning violation procedure. At this time there is one applicant who
wants to use conditional zoning. They just recently amended the General
Plan.
Del Siemsen, county counsel, stated he felt the PA-C was a conditional
zone. The problem comes up with conditional zoning if it is not completed
what do you have to remedy it to the zone. He felt it would er•eate a problem.
On the development agreement it lets maps be split and there is bonding.
Ms. Blair stated possibly the condition on conditional zoning could
be for a specified period of time. She understands Counsel's concerns.
They have had problems with zoning violations and it takes a long period of
time.
Supervisor Dolan stated it is the same use as a development
agreement only more specific. Zoning goes along with a tentative map and
has stronger language than a PA-C. She suggested they get it in all one
Swope with a development agreement because it is more specific and will not
have problems with it tyro years from now.
Les Halt,.. East Avenue, Chico, appeared before the Board regarding
',a Building Appeals~,.Board decision that required him to place a parapet by
'the building he is remodeling. This was a condition of obtaining a building
'permit. It would cost $1,200. They are remodeling for commercial use. In
the same building the underside of the eaves have been stuccoed with fire
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January 5, 1982
BUILDING APPEALS BOARD - APPLICANT TO REQUEST RECONSIDERATION
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January 5, 1982 _ _ _ _
retardent. There is a block of buildings. People have tried to disguise them
but he felt they were not attractive. He did not believe they were necessary.
It is a small lot 1,700 square feet. There will be no additional people in
the building. The county required him to remove the shake roof and replace
with composition ane and he complied.
Clay Castleberry, public works director, stated he has not met
the applicant. The decision was from the Appeals Committee which is private
lay people who make the decision. He would defer to Counsel as to the proper
procedure and where to go after the Appeals Board.
Mr. Ha it has been told he can go to litigation, but he does not
feel it is appropriate. He has applied to the Board of Supervisors because
there is no appeal procedure. The parapets are not consistent in the area.
Del Siemsen, county counsel, stated there is no way to appeal the
decision of that Board. Their decision is final. There is no procedure for
rehearing of the application. The Board could petition them to rehear the
application, but it would diminish the appeals set up as it was meant to be
independent of the county. They could make their body the last result.
Mr. Halt felt this problem would come back again and again. There
are about eight property owners who wish to remodel and this will be required
of them.
Ivir. Castleberry felt the Board-was doing a tremendous service to
the county. He felt they were using their best Zudgement. He felt the
Board should encourage Mr. Halt to request a rehearing from the Appeals Board.
He suggested the Board encourage the applicant to retry. This will show
their concerns and he could try to reapply.
Supervisor Saraceni felt it was difficult to make a decision without
seeing the minutes of the hearing. He felt the applicant should go back and
request a rehearing of the matter.
Supervisor Moseley felt possibly this was nit picking on the
Appeals Board decision.
It was moved by Supervisor Saraceni, that the Building Department's
Appeal Board be asked to or encouraged to look at the appeal of Les Hait for
possible rehearing.
Amended motion:
rehearing.
Applicant asked to go back to the Appeals Board and request a
Motion seconded by Supervisor Dolan.
Vote on amended motion:
AXES: Supervisors Dolan, Moseley, Saraceni and Chairman Wheeler
Motion carried.
APPEARANCES: CATHERINE BROWN
Catherine Brown, Palermo, spoke regarding the storm maintenance
problem. She felt the ditches were overgrown. When she purchased her
property she spent $1,000 to clean the ditch, now the ditches in front of
her property are flooding. Only half of the water is going through. People
should be told to stop building next to the ditch or be fined. They are
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January 5, 1982
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82 hurting their neighbors. She did not feel the maintenance district would elp
v very much. The individual property owners should do the work or be fined.
She would agree to .paying a fee of $15 if they agreed to clean the ditch, she
knew they would nat clean the channel. People are filling it with dirt. Even
75 percent of the problem would be a help.
28 APPEARANCES: JIM BOWP~fAN
Jim Bowman, Palermo, resides across the road from Mrs. Brown. In
order to have a creek you must have a bank, some of it is torn down. The
problem is not going to go away. No one in Public Works was aware of any
flood control being conducted. It is not unusual for this area to flood.
29
30
31
32
33
APPEARANCES: RAY BOLLIN
Ray Bollin, Palermo, questioned if they paid the $15 per parcel fee,
would it be cleared every fall.
Clay Castleberry, public works director, stated the proposal he
presented would be modest care. It would not provide a complete drainage
system. They would get rid::_of the dams. They cannot solve the problem totally.
He did not feel the community could afford any more than the $15 to $20 fee.
Mr. Bollin stated he had water up on his steps to his mobile home.
He i5 for the tax. He presented three letters of approval of individuals who
were unable to attend today's meeting. He has talked to about 25 people in
favor:; but they will not get out and attend meetings or make their feelings
known.
APPEARANCES: GARX CANTRELL
Gary Cantrell, Palermo, stated he agreed with Mr. Bollin. He was
concerned about an area where a fence prohibited access to the ditch in order
to clean the area. They must get something started.. They have a problem and
they need some help.
APPEARANCES: DOXLE MCCOY
Doyle P~cCoy, Palermo, owns a mobile home park in the problem area.
He was going on record in support of this measure and offer his cooperation.
He felt it should be done by the county.
APPEARANCES: JAMES MCNAUGHTON
James McNaughton, executive director of Community Action Agency,
reported to the Board on the distribution of surplus cheese by the federal
government. The CAA food bank has been handling the distribution and will
continue to do so. They have received 33,000 pounds of cheese. They are
handling it forGlehn,Tehema and Plumas Counties. They are attempting to
utilize as many organizations as possible. There is not enough cheese to go
around, it is first come first served. It is tentative they might receive
12,000 pounds more of cheese.
Supervisor Saraceni stated he had received a lot of calls and the
people were pleased with the cheese.
Supervisor Moseley stated she felt they should open up all of the
surplus warehouses and clean them out. Let the farmers get on with what
they like to do best.
AUTHORTZE CONTINUATION OF HEAD START PROGRAM UTILIZING COUNTY FUNDS
James D4cNaughton, executive director of Community Action Agency,
presented a letter regarding the Head Start Program which was approved on
December 15, 1981. He did not request the financial assistance of the
county because he felt the grant would arrive.
Page 31.
January 5, 1982
82
b
34
35
36
_ _ _J_anuary 5, 1982 _ _ _ _ _ _ _ _
On motion of Supervisor Moseley, seconded by Supervisor Dolan and
carried, continuation of the Head Start program utilizing county funds until
the grant is received was authorized; grant funds will be utilized to reim-
burse the County.
APPEARANCES: GLEN BOWMAN
Glen Bowman, Palermo, .stated there is a problem with old trash,
being dumped in the ditches. He felt the Sanitation Department should look
into it.
PUBLIC WORKS DIRECTOR TO PROCEED WITH STORM DRAINAGE MAINTENANCE DISTRICT IN
THE PALERMO AREA
On motion of Supervisor Saraceni, seconded by Supervisor Moseley
and carried, the Public Works Director to get started with establishment
of a storm drainage maintenance district in the Palermo area was authorized.
LETTER TO BE SENT TO STATE DEPARTMENT OF PARKS AND RECREATION REGARDING
SCOTTY'S BOAT.::LANDING IN CHICO
Neil McCabe, Chico, spoke regarding his letter to the Board on
Scotty's Boat Landing east of Chico. The property had been leased for
27 years and now the state has notified the occupants they are not renewing.
the lease. He has written the state requesting them to sit down and
negotiate for a long term lease or allow them .time to. relocate. They provide
a necessary service to the river. At one time-it was owned try the county
and managed by CARD who leased to Mr. Scott. In 1979 the property was
transferred to the state. Mr. Scott owns the buildings and property adjacent
to the state land. They were notified to move by March 1982. This will
cause a hardship financially. They are asking the Board to write to the
State Department of Parks and Recreation requesting them to talk to the
Scott's about a longterm lease or allow sufficient time for an orderly
move. Mr. McCabe presented copies of a petition sent to the State with
approximately 3,232 signatures.
Supervisor Dolan stated she did not understand why the State would
want the business to leave. It is a history landmark. The state will not
supply the same type of services.
It was moved by Supervisor Dolan, seconded by Supervisor Saraceni
to write a letter of support regarding Scotty's Boat Landing and do anything
they can to help to the State Department of Parks and Recreation.
Nir. McCabe stated there were facilities down the road belonging to
the state. They submitted a five year proposal to the state. They were told
they could not negotiate for a long term lease. They would have to go out
to public bid. He felt it was unfair. The state is in the process of
acquiring more property out there. They have prepared a negative declaration
text in this general area. He is not aware of what the general plans are.
Vote on motion:
AYES: Supervisors Dolan, Moseley, Saraceni and Chairman Wheeler
Motion carried.
Clif Mickelson, administrative officer, stated the letter could be
written to save services which were provided by Scotty's. He suggested one
Board member, County Counsel and Administrative Office staff set up an
appointment with the State Department of Parks and Recreation and meet with
them in Sacramento.
Supervisor Dolan was appointed to represent the Board.
Page 32.
January 5, 1982
- ° - _ _ _ _ - = =r73nUd ~ ~ c ~ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ = _
g2 - 37 CONTINUE TO JANUARY 19, 1982 - CRITERIA TO BE USED BY PLANNING DEPARTMENT FOR
b APPLICATIONS FOR A VARIANCE
There was a report to the Board concerning criteria to be used by
the Planning Department when an application for a variance is requested was
held at this time.
Bettye Blair, planning director, stated she had sent them a memo
she had previously mailed them regarding the acceptance of variance applications.
The Board could change the language for variance acceptance. The verbage now
reads as the state sets it out on policy. Unless she has direct policy,
that they are not to receive certain conditions or reject them, they do not
have the. authority to do so. She disagrees with Counsel that multiple zone
is defacto. Staff does caution people when they apply for variances and
are told problems they might encounter. They can caution them as much as
the applicant will hear. They could direct staff to accept variances only
on one parcel unless one is required within the zone. That is fine, but they
need to know. Staff asks each applicant to read and sign the findings by
which the Board must approve a variance.
Supervisor Dolan stated the Planning Commission and Board are
equired.to make certain findings before final approval.
Ms. Blair stated if they had denials on variance and the appeals
e upheld they would not have as many. They receive that input at the
nter.
Supervisor Saraceni stated he felt very strongly about the way they
ve been doing things. They let people know v~hat is required of them. He
es over each case individually.
Ms. Blair stated the price is less for a variance than a rezone
ication. Lesser size parcels might not qualify as it relates to the
ral Plan. Tf it conformed to the General Plan, it might trigger a General
amendment. Variances do not have to meet the requirements of the General
Planning Director to bring the matter back on January 19, 1982.
38 CANNING DEPARTMENT TO BRING BACK ORDINANCE ON JANUAI3 12, 1982 RE: SEN~rTE'_:
ILL 1160
Discussion regarding Senate Bill 1160 an amendment to the Government
ode relating to land use regulations to allow an additional dwelling unit held
t this time.
Bettye Blair, planning director, was annoyed this was being,pushed
wn our throats. She sees no reason for a use variance, it is an allowed
e. She does not feel it will work. Unless the Board requires the affidavit
corded against the property it would not be carried forward. She could
ing back an ordinance next week for adoption.
12:10 p.m.
ENE: 1:32 p.m.
39 ONTINUE TO JANUARY l2, I982 - APPOINTMENT TO THE BUTTE COUNTY HOUSING AUTHORITY
ISTRICT 2
Continued to January 12, 1982 the appointment to the Butte County
ousing Authority - District 2.
4D ONTINUE TO JANUARY 12, 1982 APPOTNTMENTS ~- APPROVE APPOINTMENTS TO THE MENTAL
EALTH ADVISORY BOARD
On motion of Supervisor Dolan, seconded by Supervisor Moseley and
arried, the following appointme'd~stto the Mental Health Advisory Board were
pproved: Page 33.
January 5, 1982
82
41
42
43
_ Januar~5, 1982 ________
James Austin - public member
Judy Richmond - professional/psychiatric technician
Dr. P?orey Weingarten - psychiatrist
Johanna King - professional/psychology
Gary Sahly - professional/facility administration
Appointments to the public member and the professional/counseling
positions continued to January 12, 1982.
CONTINUE TO JANUARY 12, 1982 - APPOINTMENT TO THE HOUSING ELEMENT TASK FORCE-
DISTRICT 4
Continued to January 12, 1982 appointment to the Housing Element
Task Force - District 4.
APPOINTMENTS TO THE DURHAM MOSQUITO ABATEMENT DISTRICT TAKEN OFF AGENDA
Taken off the agenda. was appointments to the Durham Mosquito Abate-
ment District.
?:PPOINTMENT TO THE ALCOHOL ADVISORY BOARD
On motion of Supervisor Moseley, seconded by Supervisor Saraceni
and carried, the following appointment to the Alcohol Advisory Board was
approved:
Phillip Dunbar
44
APPOINTMENT TO THE LAW LIBRARX TRUSTEES
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
carried, the following appointment to the Law Library Trustees was approved:
Robert V. Blade
45
APPOINTMENT TO THE OROVILLE CEMETERY DISTRICT
On motion of Supervisor Moseley, seconded by Supervisor Saraceni and
carried, the following appointment to the Oroville Cemetery District was
approved:
Austin Caplinger
46
'APPOINTMENTS TO THE BUTTE COUNTY HEALTH PLANNING COUNCIL
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
(carried, the following appointments to the Butte County Health Planning Council
,were approved:
Aoris Goodson - consumer
Anita Bell - provider
Leonard Coy - provider
Al Buchannon - consumer
Anthony White - consumer
Jan Hall - consumer
Margaret Dietz - consumer
Bernard Hietpas - provider
Page 34.
January 5, 1982
January 5, 1982
82 -47 CONTINUE TO JANUARY 12, 1982 - APPOINTMENTS TO THE PARADISE MEMORIAL HALL
~j .COMMITTEE -
Appointments to the Paradise Memorial Hall Committee continued to
January 12, 1982.
48 COMMUNICATIONS
Driscol & Peterson, attorneys at law. Mr. Peterson writes appealing the
decision of .the Planning Commission which denied an application
for a use permit, mining permit and reclamation plan to allow a
blasting and rock crushing operation on~property zoned "A-2",
located on the southeast side of Cohasset Road, 1/4 mile north of
Keefer Road, AP 47-23-36, approximately six miles north of Chico.
Set for public hearing on January 26, 1982 at 10:00 a.m.
Lowell Smith, Chico. Mr. Smith writes appealing Condition 8 (provide for
permanent solution of drainage) on a tentative parcel map, four
parcels, on Cussick Avenue at the intersection of Cussick and
Lassen Avenues, AP 42-03-09, Chico area. Set for public hearing
on January 26, 1982 at 10:15 a.m.
Norman K. Carlson, Paradise Pines. Mr. Carlson submits a communication
indicating failure of the developers of Paradise Pines Assessment
District No. 1, Units 1 and 2, to provide safe and adequate storm
drainage. Referred to Public Works.
J. A. Holcomb, trust officer. Mr. Holcomb writes on behalf of the estate of
Roy C. Uhl in support of the coalition greenline. Information;
to be considered at the January 6, 1982 hearing.
Manuel V. Azevedo, Chico. Mr. Azevedo protests the location of the "greenline"
and requests his property be placed on the urban side. Information;
to be considered at the January 6, 1982 hearing.
Slower, Roster, & Lotspeich, certified public accountants. The auditing
firm transmits your annual Grand Jury/Board of Supervisors audit
report covering general government, revenue sharing and transportation
programs. Also included are various audit reports made by the
County Auditor covering specific areas. Referred to Administrative
Office for report back.
Town of Paradise. The Town Council forwards a certified copy of its Resolution
81-48 requesting specified services relating to the conduct of the
April 13, 1982 election. See motion following communications.
City of Gridley. The City Council voted to support the Gridley Union School
District in petitioning the Board of Supervisors to adopt ordinances
necessary for the levy of school development fees on new building
construction. Referred to County Counsel for comment.
Thermalito Irrigation District. The district urges Butte County to become
involved in the ground water management district proposal for Glenn,
Butte and Tehama Counties. Information; no action taken.
Connerly and Associates, Inc., Sacramento. The consultant writes indicating
that Butte County's application for funds under the State Department
of Housing and Community Development Housing Counseling Services and
Home Management Training Seminars was not funded. Information; no
action taken.
t of Housing and Urban Development. The Program Manager for Area A
responds to a request for a written opinion regarding the use of
Page 35.
January 5, 1982
82
49
50;
51
~**
52
53
_ __ ____J_an_ua_ryS, 1982 _ _________________
Community Development Block Grant discretionary funds. JInformation; no action
taken.
County of Napa. The Napa County Board of Supervisors forwards its resolution
recommending the geographical alternative method of selecting
officers for the County Supervisors Association of California.
Information; no action taken.
Neil H. McCabe, attorney at law. tor. McCabe provides information to the
Board of Supervisors regarding Scotty's Boat Landing and lease
arrangements with the State of California. Information; handled
earlier in the meeting.
City of Gridley. The City Council forwards its Resolution 81-77 requesting
specified services relating to the conduct of the April 13, 1982
election.. See motion following communications.
AUTHORIZE BUTTE COUNTX TO CONDUCT ELECTIONS FOR CITY OF GRIDLEY AND TOWN OF
PARADISE
On motion of Supervisor Dolan, seconded by Supervisor Saraceni
and carried, the requests of City of Gridley and Town of Paradise to conduct
the elections of April 13, 1982 by Butte County. was authorized.
APPROVE MINOR HOME"REPAIR PROGRAM AGREEMENT EXTENSION OPERATED BY COMMUNITY
ACTION AGENCY.- HOUSING AND COMMUNITY DEVELOPMENT
On motion of Supervisor Saraceni, seconded by Supervisor Moseley
and carried, the Minor Home Repair Program Addendum Agreement with the
Community Action Agency for operation of Housing and Community Development
Program in south Oroville was approved and the Chairman authorized to sign.
CONTINUE - COMMUNICATIONS
Minasian, Minasian, Minasian, Spruance & Babert Paul R. Minasian, attorney
at law, writes regarding formation of the Adams Esquon Water District
formation. Referred to Administrative Office to be place on the
agenda for 3anuary 12, 1982.
Parrott Ranch Company, San Francisco. Marc de Tristan, chief executive
officer, writes regarding the formation of Adams Esquon Water
District. Information; to~be considered at a later date.
REPORT ON DURHAM CEMETARY LITIGATION
Del Siemsen, county counsel, reported Mr. Abbott was in court, but
he is to go to southern California to obtain copies of the Hayes files regard-
ing the Durham CemeGer~ and the amount of money invested in the property.
MOTION FAILS REGARDING IMPLEMENTING THE PROVISIONS OF GOVERNMENT CODE
SECTION 26945 CONCERNING QUALIFICATIONS FOR THE POSITION OF COUNTY AUDITOR
Discussion regarding implementing the provisions of Government
Code Section 25945 concerning qualifications for the position of County
Auditor were held as continued.
Supervisor Moseley questioned if the laws were more restrictive
and if they could deviate from the data given them.
C1if Nickelson, administrative officer, stated an individual must
be a Certified Public Accountant or PA just by law. There is nothing addit-
ional. They must implement all of the provision or none.
It was moved by Supervisor Dolan, seconded by Supervisor Wheeler
that the second reading of an ordinance implementing the provisions of
Government Code Section 26945 concerning qualifications for the position of
County Auditor be waived; an.expance be adopted and the Chairman authorized
to sign. Page 36.
,7anuary 5, 1982
82
January 5, 1982 _ _
Supervisor Moseley stated she had some reservations regarding the
qualifications and holding the_item a week would not change her mind.
Vote on motion:
AYES: Supervisors Dolan, Saraceni and Chairman Wheeler
NOES: Supervisor Moseley
Motion fails for lack of a 4/5 vote.
54
ADDITIONAL ITEMS BY BOARD MEMBERS
Supervisor Saraceni wanted the Board to be aware of,the Redevelop-
ment Agency No. 2 being formed regarding the Chico Airport area. He hoped
they could get an early start on negotiating with the City of Chico.
Supervisor Moseley stated she had reservations about two county
offices being closed part of the day, the Clerk's Office and Planning Depart-
ment. She has a problem with it and would like to see them opened up.
Chairman Wheeler stated she had received;:numerous telephone calls
regarding the same issue.
Supervisor Moseley would like more than a report back.
55
Administrative Office to discuss the item with staff and have
the department heads come before the Board. The Clerk's Office is to be
considered first. They will come back in 10 days.
Chairman Wheeler stated. the CSAC membership committee signups
should be mailed in. She would bring the CSAC law suit back next week on
the agenda. ,
_ Chairman T~Iheeler received a letter as it relates to Chico annex-
ation.
The Board had received copies of the Nine Northern California
Supervisors Associations minutes.
Chairman Wheeler indicated there was a letter from Judge Rutherford
of Chico regarding AB 189 and .w it relates to the parking ticket violations.
She is asking for help and suggested changes in the legislation.
There will be a Northern California Water meeting in Willows on
January 6, 1982.
Letters from two state geologists were forwarded from Louis
Camenzind, Jr. to be considered at the hearing January 6, 1982.
Supervisor Saraceni would like to check further on the Redevelop-
ment Agency in Chico. Nothing can be done until the County receives the
information.
COUNTY TO JOIN IN LAW SIIIT WITH CSAC REGARDING DECLARITORY RELIEF ACTION ON
STATE MANDATES
Chairman Wheeler set out the background on the CSAC meeting held
in San Francisco. They are asking each county to join in the Declaratory
Relief Action law suit regarding State mandates. The counties do not want
to be in an, adverse gosition, the state is violating the constitution in
the mandates.
Del Siemsen, county counsel, stated the law suit is they will be
going into court and state th~_~c~unties feel the mandates are in violation
Page 37.
January 5, 1982
82
January 5, 1982 _ _
of the constitution and legislation. They will ask the court what is their
position.
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, Butte County is to join in the action on the CSAC Declaritory
Relief Action law suit regarding the six State mandates; to allow CSAC to
use the county name on the .petition was authorized.
CLOSED SESSION: The Board recessed at 2:17 p.m, to hold a closed session
regarding General Assistance fair hearing cases 91-9660
and 91-9921.
RECONVENE: The Board reconvened at 2:23 p.m. after holding a closed session
regarding General Assistance fair hearing Cases No. 91-9660 and
No. 91-9921. See following minute order.
CLOSED HEARINGS: GENERAL ASSISTANCE FAIR HEARING CASE N0. 91-9660 AND 91-9921
Chairman Wheeler announced the General Assistance fair hearing -
Case No. 91-9660 was abandoned. General Assistance fair hearing - Case No.
91-9221 was withdrawn at the written request of .the petitioner.
RECESS: The Board recessed at 2:25 p.m. to reconvene on Wedsesday, January 6 "
1982 at 9:00 a.m. to consider the "greenline" hearing.
56
Page 38.
January 5, 1982