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HomeMy WebLinkAboutM011982January 19, 1982 82 108 I i 109 llo 111 112 113 STATE OF CALIFORNIA ) 55. BOUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to ad3ournment. Present: Supervisors Dolan, Moseley, Saraceni and Chairman Wheeler. Mike Pyeatt, acting administrative officer; Del Siemsen, 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 Saraceni APPROVAL OF MINUTES Approval of the minutes of January 6, January 12 and January 13, 1982 were continued to January 26, 1982. ADDITIONAL AGENDA ITEMS BY BOARD MEMBERS TO BE ADDRESSED AT THE END OF THE yesterday. Supervisor Saraceni stated he would be discussing a tour he took Supervisor Moseley would be talking briefly about the memorial hall committees. ADOPT ORDINANCE 2264: SALARY ORDINANCE AMENDMENT On motion of Supervisor Moseley, seconded by Supervisor Dolan and carried, the second reading of the salary ordinance amendment that establishes four new classifications and reflects wage increases for Superior and Municipal Court Judges was waived; Ordinance 2264 was adopted and the Chairman authorized to sign. ADOPT RESOLUTION 82-12 ESTABLISHING CONSOLIDATED CETi~Y PLANNING COUNCIL: APPROVE MODIFICATION TO CETA PLAN .- On motion of Supervisor Dolan, seconded by Supervisor Moseley and carried, Resolution 82-12 establishing a consolidated CETA Planning Council incorporating the FTC, CETAC and the Youth Councils into one planning body was adopted; the modification to the CETA plan was approved; and the Chairman was authorized to sign the statement of concurrence and modification and the Resolution. ACCEPT DONATION OF PANEL TRUCK FOR SEARCH AND RESCUE FROM TOWN OF PARADISE Capt. Mick Gray introduced Bill D'Amato from the Search and Rescue unit. Mr. D'Amato asked that the Board accept the donation from the Town of Paradise. The vehicle will make emergency responses faster. He invited the Board to the annual antique show. On motion of Supervisor Saraceni, seconded by Supervisor Dolan and carried, the donation of a 1966 Chevrolet panel tructk from the Town of Paradise to the county for use by the Search and Rescue operatian with the vehicle proposed for the hauling of small tools and equipment to and from scenes of rescue operations was accepted and the Purchasing Officer was authorized to license the vehicle. AUTHORIZE ACQUISITION OF HIGH PRESSURE WATER PUMP AND DUAL AXLE TILT TRAILER AND DELETION OF DUMP TRUCK FROM ROAD PIAINTENANCE E UIPMENT AC UISITION BUDGET On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, the acquisition of a high pressure water pump and dual axle tilt trailer and the deletion of a dump truck from th e road maintenance equipment acquisition budget was authorized. Page 87, January I9, I982 January 19, 1982 82- I14 'b 115 116 APPROVE BUTTE COUNTY FAIR BUDGET TRANSFER On motion of Supervisor Saraceni, seconded by Supervisor Moseley and carried, ,the budget transfer transferring funds as follows: $4,427 from administration, $2,153 from premiums, $218 from attendance, $175 from horse show and $16,894 from unbudgeted to exhibits, $18,450 to entertainment and $12 to equipment with the total amount of the transfer being $23,867 for the Butte County Fair was approved and the Chairman authorized to sign. REPORT TO BOARD ON LETTER FROM GILLINGER AND ASSOCIATES, INC?.REQUESTING PAYMENT IN AMOUNT OF $b,732.50 FOR WORK ALLEGEDLY PERFORMED BUT NOT AUTHORIZED• DENY REQUEST AND GO ALONG WTTH_STAFF RECOMMENDATIONS Mike Pyeatt, acting administrative officer, report to the Board on the letter from Gillinger and Associates, Inc. requesting payment in the amount of $6,732.50 for work allegedly performed but not authorized. He had discussed this matter with Counsel and the Auditor prior to receipt of the letter. Very little has changed. .The company took it upon themselves under Phase '2 of the agreement and they want payment for that work. The agreement required that the Board authorize commencement of Phase 2. Pursuant to the terms of the contract, their recommendation is to deny the request. Supervisor Saraceni asked if the consultants received the information to not go with Phase 2 until they were notified by the county, Mr. Pyeatt stated that was correct. Their office had received a letter from the consultants that unless they heard from the county by such and such a date they would start on the groject. One of their arguments was that a certain amount of effort was necessary and chargeable to Phase 2 in order to complete Phase 1. He did not necessarily agree with that argument. On motion of Supervisor Saraceni, seconded by Supervisor Dolan and carried, the request of Gillinger and Associates, Inc. for payment in the amount of $6,732.50 for work allegedly performed but not authorized was denied and the Board agreed to the recommendations of staff. CLOSED SESSION: The Board recessed at 9:11 a.m. to hold a closed session .regarding litigation. RECONVENE: The Board reconvened at 9:17 a. m. following a closed session regarding litigation. No action taken. ADOPT RESOLUTIONS 82-13 & 82-14 RE: FORMATION OF COUNTY SERVICE AREA 83 & ANNEXATION TO COUNTY SERVICE AREA 23: RESCIND PUBLTC HEARING DATES SET Mike Pyeatt, acting administrative officer, advised the Board that on January 12, 1982, minute order 82-67 and 82-68, the Board set hearings £or consideration of annexations to County Service Area 23 and formation of County Service Area 83 which were not necessary. The public hearings are not necessary because of 100 percent of the land owners petitioning for the action. On motion of Supervisor Dolan, seconded by Supervisor Moseley and carried, the minutes of January 32, 1982, minute order 82-67 and 82-68 were amended to rescind the public hearing .dates set; the following resolutions were adopted and the Chairman authorized to sign: 1. Resolution 82-13 approving annexation to County Service Area 23 (Pleasant Valley Drainage). 2. Resolution 82-14 approving formation of County Service Area 83 (Lakeridge Village street lighting, storm drainage). Page 88. January 19, 1982 3anuary 14, 1982 82- 117 AMEND MINUTES OF JANUARY 12, 1982, k1INUTE ORDER 82-86, TO SHOW A PUBLIC b HEARING DATE OF FEBRUARY 23, 1982 AT 10:00 A. M. INSTEAD OF FEBRUARY 16, 1982 AT 10:00 A.M. FOR CONSIDERATION OF INTENT TO RENAME ROADS IN BUTTE COUNTY AS SET OUT IN RESOLUTION 82-10 Oa motion of Supervisor Moseley, seconded by Supervisor Saraceni and carried, the minutes of January 12, 1982,-minute order 82-86 and Resolution 82-10 were amended to reflect a public hearing date of February 23, 1982. at 10:00 arm. instead. of February 16, 1982 at 10:00 a.m. was set for consideration of renaming roads in Butte County. 118 PRESENTATION AND DISCUSSION OF AUDITOR-CONTROLLER'S 1982-83 FINANCIAL PROJECTIONS: WORK SESSION BETWEEN ADMINTSTRATIVE OFFICE, AUDITOR, DEPARTMENT HEADS AND BOARD SET FOR FEBRUARY 2, 1982 Jim Johansen, auditor, made a presentation on the 1982-83 financial projections at this time. He put the presentation into three sections. The presentation will have a brief explanation and summary of the report, why the county is in the situation they are, and then the recommendations given as to what and why and where does the county go from here. From the indications listed on page II, based on the projections of budgetary requirements in 1982-83 those requirements will exceed the financing by about $6 million. It is important to understand the assumptions that underline the projected assumption so everyone can understand how they were arrived at. He believed the assumptions were reasonable. As far as budgetary requirements, his office made assumptions as set out in page IIIa of the report. That is the general overall picture for the projected budget for 1982-83 with a total of about $67 million. He set out the assumptions relative to revenue estimates for 1982-83 as listed on page IITb of the report. Under the estimated increase in property taxes for every one percent increase this is only about $70,000. Tn discussion of the interest .earned by the county, as an example, in 1980-81 the lowest point was $1.9 million in the General Fund and this year that balance was about $33,000. It was partially a result of fund balances available. Part of the fund balance available has to do with the slowness with which the state is making their remittance to the county. As the expenditures continue to exceed the revenue and the flow of cash is not there, there will be less fund balances to draw interest from. He did not think the county would be in a position to borrow cash to operate next September and October before the property taxes come in. The loans of this type have repayment as soon as the taxes come in. The $1.9 million and the $33,000 discussed are the funds within the General Fund to pay the bills of the county. With the slowness of the state payments, this could explain the descrepancy in the two figures but it is not all of it. If the payments from the state come in faster next year, the county might not be as bad off. If the fund balance avaiiable is $3 million or $4 million, the county will be starting out with less cash. He will be watching the situation very closely even up to April 10, 1982. The county might have to borrow funds by April 10, 1982. He will be making a report back to the Board. He was not sure the county was in the position to sell revenue bonds. Mr. Johansen highlighted a couple of the state proposals to cut the state budget. One of the proposals reduces the state motor vehicle in-lieu at about 40% which would reduce the county's share by about $850,000 to $900,000. There is an indication that the Medical .portion of $25 million if it is sent to the counties for absorbing payments will cost the county from $100,000 to $250,000 over and above what has been estimated. The Legislature with SB 336 last year proposed an offset for the Medical for advancing the property taxes from an annual basis to a semi-annual basis. Instead of waiting until July for the 14 percent increase, it would allow the Board to adopt a provision to have payment on a semi-annual basis. The Assessor would assess in January. Page gg, January 19, 1982 Januax~r-19,-1982 8 2- The Tax Collector would send out the tax bills in January. Instead of the l4 percent increase it would be 7 percent in January and another 7% increase at the end of the year. This is a one time thing. It would partly offset the $850,000motor vehicle in~-lieu funds. The bill puts the onerous on the Board to adopt this plan. None of the bills appear to be good on increasing anything. Supervisor Dolan stated this is tied into changint the subvention to the local governments. When the taxing cycle-is speeded up, this is based on the capability to do this without any increase in administrative costs by sending out the bills twice a year instead of once a year. Mr. Johansen set out page IIIc of the report at this time. All of the above information is the what and how they arrived at the $6 million deficit. Mr. Johansen referred to the chart that was presented as a handout for the why the county is in this position. The chart is explanatory with the exception of two areas: expenditures versus revenue. The actual expenditures exceed the revenue. In 1976-77 and 1977--78~the county took in more revenue than was expended. In 1978-79, they did not take in more revenue. In 1980-81 the actual expenditures exceeded the revenue and in 1981-82, they are projecting the same thing. This shows in the fund balance available and why the county is not in a deficit position. Expenditures can exceed revenue on a short term basis. For the budget year 1982-83, they are looking at expenditures exceeding revenue by about $7.5 million. If the Board is working to adopt a $67 million-budget this will exceed the revenue by $7.5 million. The Board will have to cut the budget to $60,700,000, while there is $57,200,000 in estimated revenue and $3,500,000 in estimated fund balances available, and there will be a situation of having the expenditures exceed the revenue by $6,000,000. He set out the chart that shows the expenditures by functions. The chart shows the rapid rise in public assistance, which has been offset by the state and federal revenue fortunately. Public protection has increased significantly with the projection from 1978-79 to 1982-83 indicating an increase of about 67 percent. This included the increase in the jail. Public ways fluctuate with state and federal funding. General government is fairly level, which .has the capital expenditures included. Education, which includes the Library, is fairly straight forward and in recreation there is not much change. This shows what happens to discretionary revenues. He set out the major discretionary revenue sources on the chart at this time. property taxes show an increase of about 38 percent while there was an increase in public protection of about 67 percent. Property taxes are the fastest growing of the discretionary revenue. Motor vehicle in-lieu and revenue sharing are about the same amount. There was a big drop in the sales tax increase when the Town of Paradise was incorporated. In trying to fund public protection by other than discretionary funding, there may be the legal necessity of forming something less than a county wide service area. Chairman Wheeler stated that law enforcement budget is over $6 million when the property taxes are at $7.5 million. Unless the revenue is obtained from some other areas, she did not know if the Board had any other alternative but to go to the voters. She could almost anticipate that happening. She felt the cities were looking at this matter very closely and were serious and only waiting for the findings to come down from Los Angeles County. Page 90. January 19, 1982 ______________ Januaryl9~ 1982 =_-_-___ _ ___-_ 82- _ Mr. Johansen felt that if finances- did not force the county into ~ formation of service areas, then the cities would. That depends. on the . outcome of the lawsuit. Tax equity has always been a problem. When there are less revenues available, the cities, who might not have been so concerned, are now saying why should the residents pay for services they are not getting any benefit from. He was not sure they would ever get to tax equity. The argument could be raised for the general benefit. ' Chairman Wheeler felt it was too bad that all the administrative department heads were not present for this report. She would like for the department heads to see the same presentation. They will have to work E~and and hand with the .Board. She did not want to see the Auditor presenting the Board with this type of information and having the department heads coming in with such inflated budgets that the Board cannot deal with them and to turn the budget hearings into a circus like last year. She wanted the department heads to understand and work with the Board and Administrative staff so there are not those kind of issues raised this year. Mr. Johansen advised that was part of his recommendations, to establish an early budget process. He felt the Board would have to make some decisions before early June or July. He will be working with the Administrative Office and coming back to the Board with recommendations. Chairman Wheeler felt that this information should be gone through tep by step with the department heads. Mr. Johansen set out the chart where there is a comgarison between e personal budget and the county budget. The county came out worse than e personal budget at the end of the chart. He set out page V of the port at this time relative to the recommendations for this year. With e recommendation to develop immediate proposals to reduce the current ar expenditures, he felt the county should develop a process to evaluate e priorities and to do some positve planning to meet the problems as posed to reacting to the problems. The last recommendation to develop long range plan is to look at this year as well as the future, particularly capital expenditures like the jail. The Board may not have a great al of alternative. Mike Pyeatt, acting administrative officer, stated th ere were some important aspects to the report. There is a great deal of work and difficult work ahead between now and July 1, 1982 that will involve the Board's immediate staff and the Board personally. If the job is done properly between now and July 1 the hard decisions can be made. He will be bringinb ack a time frame for involvement by the Board next week, which will include instructions to departments. The Administrative Office cannot really bring in a balanced budget to the Board because of the ways the laws are written and therefore the Board will have to be involved in the budget hearings. One of the things that would involve the Board is a department by department evaluation. There are things that will be brought back to the Board. They will be approaching this on a week to week basis as they see it now. This would be beginning the first part of April and continuing through June, It may require two to three days by the Board.. each week. Last year the first budget hearing was held after July 1, 1982 and if a person is layed off it is not implemented until after the first quarter. Instead of being $6 million short, the county might find they are $9 million short. They will be coming back to the Board with definite time frame for instructions to departments and what to direct the Administrative Office and Auditor to bring b ack to the Board. the prior coming in Supervisor Saraceni stated he would be looking expenditures to base this year's expenditures with what the departme~i:tEmight need to operate Page 91. forward to using on, rather than on. January 19, 1982 January 19, 1982 8 2- v Supervisor Dolan stated that the factor that keeps coming to her mind is that the Board has a need now because of the need to increase the fund balances available coming in July 1 and they need to keep down the section of over. realized revenues. The county could under expend the current budget. There are many ways to do that. The Board needs to rely on the advise and expertise of the department heads. The Board needs to consider new sources of revenue, sometimes call ballot measures, and picking out alternative methods of financing basic county services. One of the things she is not sure of and that is the source of changing what the county does, which means county involvement. This means the county will have to eliminate or change methods of doing business. The Board might want to eliminate something but there are legal requirements for that service. This is getting down to elimination of services that can be Supervisor Moseley felt the most difficult thing is to educate e populace. They do not want to pay the taxes but want the same services. e was hoping that somewhere along people in the county will be sympathic th what the Board is doing. This is starting at the federal government. Chairman Wheeler stated this was why she was encouraging the eeting between the Auditor, Administrative staff and the department heads o bring everyone together at one time and go over this problem step by tep with them, because they are a team. Supervisor Moseley stated it was difficult when people call a ervisor saying they want certain things done. She would like for plc to know and become aware of the fact that these things are necessary. Chairman Wheeler stated there was only so much money for ices. She felt that maybe some of the mandates that are coming down designed to put local governments out of business and forming oval type governments. This is what some people are observing. Mr. Johansen stated that if local government is eliminated that the local line of defense. Mr. Pyeatt felt that one of the key elements was the education rocess of informing the public. In discussion with the Auditor, he hopes o be bringing this matter back to the Board. Looking back on the actions he Administrative Office has recommended or theBoard has taken, the ounty people have taken a great deal for granted. Maybe the public is of as well informed about the basis for the actions being taken. He felt t was important for them to be informed, or at least understand the ational in which the recommendations are coming to the Board. Chairman Wheeler stated that in dealing with the law enforcement ssue, often the question is raised when she is talking w ith people as to ho is lying the Board or the Sheriff. It is because of lack of education r lack of not wanting to be educated. Administrative Office to send out notices to the department heads asking them to please meet with the Board on February 2, 1982 at 1:30 p.m. and that the Board would appreciate their assistance and guidance in dealing with fiscal year 1982-83. The department heads are to be asked to come prepared with proposals or suggestions in dealing with problems and for .he presentation by the Auditor. Staff is also directed to bring back >roposals with the Auditor. The matter was continuPea e ntil February 2, 1982 at 1:30 p.m. g 92. January 19, 1982 S 2- January 19, 1982 RECESS: 10:25 a.m. RE CONVENEN: 10:39 a.m. ADOPT RESOLUTION 82-15: PUBLIC HEARING: RANDALL ANDREASEN ABANDONMENT OF PUBLIC UTILITY AND RECREATIONAL EASEMENTS. ON LOTS 65 THROUGH 74 & 95 THROUGH 197 OF PARADISE-PINES COUNTRY CLUB ESTATES; UNTT'4~1 The public hearing on Randall Andreas en abandonment of public utility. and recreational easements on Lots 65 through .74 and 95 through 197 of Paradise Pines Country Club Estates, Unit ~~1 was held as advertised. 119 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 Saraceni and carried, the abandonment of public utility and recreation easements on Lots 65 through 74 and 95 through 197 of Paradise Pines Country Club Estates, Unit 4k1 for Randall Andreas en was approved; Resolution 82-15 was adopted and the Chairman authorized to sign. PUBLIC HEARING: SB 361 BUDGET TRANSFER RETROACTIVE HEARING The public hearing on the following SB 361 budget transfer retro- active hearing was held as advertised: 120 B-Ol - Community Action En^ ergy Assistance. This transfer establishes a budget for the CAA 1981 Energy Assistance Program in the amount of $17,332. This was funding from a grant and is unanticipated revenue. B-02 - Community Action A~encY Weaterization Program. The purpose of this transfer is to establish appropriations for the CAA Weatherization Program: The amount, $2,300, comes from unanticipated revenue grant sources. B-03 - Community Action Agency Summer Food Program. The purpose of this transfer is to establish appropriations for the CAA Summer Faod Program. This is unanticipated revenue from a grant source in the amount of $9,531. B-04 - Housin and Community Development. Transfers $124,500 from HCD storm drainage improvement; $1,424.92 from HCD clearance costs; $3,000 from HCD relocation payments; $1,000 from intra department transfers in HCD relocation; $13,000.08 from ATD rehabilitation (major rehabilitation loan program); together with $49,574 in federal aid - ATD program income; to HCD street improvements as €ollows: professional and specialized services, $51,500 and road and bridge construction, $141,000. The purpose of this transfer is to cover construction and entineering costs for the South Oroville, Phase III Project. 8-08 - Cow Action Program. Within the CAA Administration 1981 grant year, transfers $4,792 from salaries and wages, $3,350 from benefits; with $355 going to consumable supplies, $1,210 to rents, leases and purchase of equipment; and $7,754 to other costs. Within the Community Services Program, transfers $4,115 from fringe benefits; $295 from consultant and contract services; and $140 from space costs and xentals; and increases the appropriation to salaries and wages, $2,756; travel, $1,818; space costs and rentals, $951; and other costs, $7,295. The transfer between line items, together with additional federal aid - Community Services Administration in the amount of $13,156 covers the necessary reprogramming of 1981 unexpended CAA funds pursuant to budget revision ~~l as approved by the Community Services Administration on August 4, 1981. Page 93. January 19, 1982 January 19, 1982 82- B-09 -"Community Action Pragram. This transfer increases the ~ appropriation in the CAA 1981 Housing Weateriza'tion Round V Program in the amount of $30,00.0. The source is unanticipated revenue from grant opportunities provided by the State Office of Economic Opportunity. B=11 - Community Action Program. Increases the appropriation in the 1981 CAA Head Start Program utilizing additional unanticipated revenues from the Department of Health and Human Services, $44,805. B-12 - Community Action Program. Establishes the CAA 1981 Seniors Programs in the amount of $479,589 from grant sources. B-1b - Federal Revenue Sharing - El Medio Ditch. This transfer rebudgets the unencumbered balances amounting to $15,939.24 for the E1 Medio Ditch Farmers Home Administration project with funding coming from unanticipated revenue - federal aid. B-22 - Fish and Game Commission. Establishes an additional appropriation in the amount of $2,000 in special department expense to cover the construction of two additional steps to the fish ladder at the Parrott-Phelan Dam on Butte Creek. Funding is from unanticipated revenue. B-28 - Fire Protection - Volunteer Program. Transfers $20,665 from the reserve to fixed assets - structures, improvements and grounds to cover the contract for the metal building at Richvale Fire Station. B-29 - Personnel. Transfers $6,600 from the reserve to professional and specialized services to cover the obligation under the contract with the labor relations consultant. B-30 -Manpower Administration. Establishes an appropriation within fixed assets - equipment of $1,292 to cover freight charges for the Westinghouse systems furniture delivered in February 1981. Funding is from unanticipated revenue - manpower revenue sharing. B-31 - Public Works - Road Construction. Transfers $6,000 from the road reserve to the Lassen Avenue and Esplanade traffic signal project to cover the contract amount which is in excess of the budget expectations. B-34 - Housing and Community Development. Establishes a budget for the HCD State Deferred Payment Rehabilitation Loan Program totalling $56,500 from a state HCD grant. B-35 - Public Health - DCRC. Increases the appropriation for professional and specialized services in the amount of $48,453 coming from unanticipated revenue pursuant to an agreement with the State Department of Alcohol and Drug Abuse. B-37 - Road Construction. Transfers $6,710 from the road reserve to cover the overrun of the original low bid for the Lincoln Boulevard project. B-43 - Sheriff - Incarceration. Establishes additional budgetary appropriations to implement the provisions of an SB 294 grant from the State Board of Corrections totalling $11,475 for extra help, overtime and transportation and travel (training). B-44 - Manpower Administration. Restores a $40,000 appropriation for the purchase of comprehensive liability insurance to the Manpower Administration budget. Page 94. January 19, 1982 8 2- January 19, 1982 B-45 -^ Administrative Office Transfers $3,000 from the reserve with $.300 going to rents and leases - equipment and $2,70.0 to fixed assets.- equigment to provide an appropriation to .pay the lease on the present department vehicle and to provide an appropriation toracquire a new vehicle. B-46 - Community Action Program.. Increases-the budget in the CAA 1981 Minor Home Repair Program. Total amount of the transfer is $15,000 from unanticipated revenue - Housing and Urban Development. B-48 -Intercity Transit System Equipment. Appropriates $4,000 for the purchase of a used van utilizing unanticipated revenue from fare box income. B-49 -- Sala ordinance amendment transfer. Within Manpower Administration, reduces salaries, $50,433 and benefits, $15,130; together with a reduction of unanticipated revenue - CETA Administration totalling $65,563. Transfers the remaining appropriations for the Biggs Constable's budget, $14,314; Oroville Constable's budget, $16,051; Paradise Constable's budget, $15,496; together with $10,191 from the reserve; thereby increasing the Sheriff's Incarceration budget by $56,552. Transfers $511 from the reserve, with increases to the Paradise Justice Court budget as follows: maintenance of buildings and structures, $187; household expense, $109; and utilities, $215. Transfers $17,202 from salaries and benefits within the District Attorney's budget, together with $4,599 from the reserve; ws.th a total of $21,800 going to salaries and benefits within the Public Guardian's budget. Within the Buildings and Grounds internal service fund budget, transfers $2,358 from extra help with $1,851 going to salaries and $507 to benefits. Increases the Workers' Compensation internal service fund budget $1,358 with revenue coming from other county departments, $1,261 and non-county departments, $97. Within the Unemployment Insurance internal service fund; budget, decreases employee benefits, $203, reflecting an increase of revenue from non-county departments of $15 and a decrease from county departments of $218. The total amount of funds being transferred from the reserve is $15,301. B-50 - Road Construction. Transfers $30,562 from the road reserve due to a change order necessary on Housing and Community Development Phase III road project. B-52 - Supplemental Manpower Programs. The purpose of this transfer is to appropriate the carry forward funding of the Manpower programs for fiscal year 1981-82. Within the administrative cost pool appropriates $486,593 within various projects. Within Title IIB appropriates $69,321 within various projects. Within Title IV SYEP program appropriates $55,428 within various projects. The total amount of this transfer is $1,151,459 with funding coming from unanticipated revenue. 8-55 - District Attorney. Transfers $2,432 from the reserve to extra help within the District Attorney's budget to provide attorney coverage in the extra help account during a vacation period. B-57 - Paradise Justice Court. Transfers $1,500 from the reserve to extra help for the employment of an extra help clerk typist pending approval of a half-time position currently under review. B-61 - Community Action Program. Establishes a budget appropriation in the CAA Supplemental Head Start Handicapped Grant Program through unanticipated revenues in the amount of $2,056. B-62 - Housin and Communi~ Develo went. Provides an increase in HCD administration in the amount of $1,121 with funding coming from the program income account. Page 95. January 19, 1982 January 19, 1982 82- B-64 - Various. Provides appropriations in accordance with {~ the two percent salary increase. This results in an increase of_ $419,007 in salaries and benefits funded by $221,486 from the zeserye, $49,206 from the roSd reserve and $148,315 from unanticipated revenues. B-66 - Welfare Administration. Transfers $1,875 from professional and specialized services together with federal revenue, $11,250 and state revenue, $1,875; establishes an appropriation totalling $15,000 in professional services - District Attorney services in order to provide for the prosecution of food stamp fraud cases. B-67 - Auditor-Controller. Transfers $4,000 from the reserve to professional and specialized services to establish an appropriation for a cost allocation consultant fee. B-70 - Public Works - Road and Br__idge Construction. This transfer appropriates federal funds, $359,244 and City of Chico contributions, $21,25$ for additional funding to the Dayton Road relocation project. The transfer also increases the expenditure appropriation for the construction project, $327,100 and related engineering costs, $50,060. Part o£ this transfer recognizes a decrease of HUD revenue and engineering costs of $31,000 for the South Oroville street improvement project. This action thereby results in an overall decrease of $19,060 in preliminary engineering costs in the Public Works construction budget and together with $3,342 of county over matching funds, allows the transfers of these appropriations totalling $22,402 to the road construction fund reserve. B-71 - Tdelfare Special Programs - Child Sexual Abuse Treatment. Transfers $69 from the reserve, together with federal aid, $2,368; thereby increasing the appropriations in the 1981=82 Child Sexual Abuse Treatment Program in professional and specialized services, $2,437. B-72 - Sheriff - Incarceration. Increases the appropriation for extra help, $2,500; overtime, $1,179; employee benefits, $1,000; and transportation and travel, $4,317. Funds totalling $8,996 are from a corrections training grant. B-73 •- Manpower Administration. Increases the appropriation in usehold expense, $2,000 for increased expenditures for janitorial services th funding coming from unanticipated federal revenue. B-77 - Public Health - DCRC. Appropriates contributions totalling $688 from private parties for training and purchase of educational materials for the department. B-78 - Probation - Special Programs. This transfer corrects appropriations within the Probation Special Programs budget which were omitted in the final budget preparation and recognizes an additional $1,000 in unanticipated revenue. B-80 - Contributions - Other Agencies. Transfers $3,466 from the reserve to the Contributions to Other Agencies budget to cover expenditures within the Rural Senior Service Project and Rural Senior IIIB Supportive Service Project. B-81 - Agriculture and Air Pollution. Transfers $1,871 from the reserve with $633 going to special department expense and $398 to fixed assets within the Agriculture budget and $840 to fixed assets within the Air Pollution budget. Page 96. January 19, 1982 8 2- . _ _ _ _ _ _ _ _ _ _ _ -January=l9, W1982 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ B-84 - Public Health - General Services. Establishes an additional appropriation of $9,000 for professional and specialized services with funding coming from state aid to provide for the renewal contract for the Dental Disease Prevention Program and the subcontract with the Northern Sacramento Valley Rural Prevention Program. B-85 - Welfare Administration. Establishes an appropriation within professional and specialized services in the amount of $4,973 in order to cover the cost of respite day care services. Funding is from unanticipated revenue. B-87 - Community Action Program. Within the CAA Winterization Program, increases the appropriation for salaries and wages, $4,286 and consumable supplies, $915 with revenue coming from state aid - OEO. B-91 - Housing & Community Development errant. This transfer establishes the budget for the 1981-82 Community Development Block Grant as approved by the Department of Housing and Urban Development. The total amount of the budget is $521,765 with $500,000 coming from HUD and $21,765 anticipated through program income. ' 8-92 - Manpower Administration. Increases the appropriation for the equipment account for increased expenditures for CETA Administration and classroom training programs in the amount of $11,880 with funding coming from CETA revenues. B-93 - Buildings and Grounds Maintenance ISF. Transfers $1,300 from the reserve to maintenance of structures to provide the necessary appropriation to install a separate heating and air conditioning unit for the Chico Health Building Laboratory. B-95 - Manpower Administration. This is a $1,821,65b transfer to record an increase in appropriations for various manpower programs with funding coming from federal revenue as reported on the Notice of Fund Availability No. 2 from the U.S. Department of Labor on November 6, 1981. B-97 - Community Action Program. Establishes a budget for the CAA 1982 Community Food and Nutrition Program in the amount of $39,469 as granted by the Solano County Economic Opportunity Council. Mike Pyeatt, acting administrative officer, stated that these budget transfers were brought back to the Board as they were`approved from July 1, 1981 through the current period. When SB 361 was passed it required a public hearing for these items. Hearing open to the public. ,Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Saraceni, seconded by Supervisor Moseley and carried, the following budget transfers were approved: B-Ol - Communit Action Energy Assistance. This transfer establishes a budget for the CAA 1983. Energy Assistance Program in the amount of $17,332. This was funding froin a grant and is unanticipated revenue. B-02 - Community Action Agency Weatherization Program. The purpose of this transfer is to establish appropriations for the CAA Weatherization Program. The amount, $2,300, comes from unanticipated revenue grant sources. Page 97, January 19, 1982 January 19, 1982 82- B-03 - Community Action Agency Susi~er Food Program. The purpose 3 of this transfer is to establish appropriations for the C,AA Summer Food Program. This is unanticipated revenue from a grant source in the amount of $9,531. B-04 - Housing and Community Development. Transfers $124,500 from HCD storm drainage improvement; $1,424.92 from HCD clearance costs; $3,000 from HCD relocation. payments; $1,000 from infra department transfers in HCD relocation; $13,000.08 from ATD rehabilitation (major rehabilitation loan program); together with $49.,574 in federal aid - ATD program income; to HCD street improvements as follows: professional and specialized services, $51,500 and road and•liridge construction, $141,000. The purpose of this transfer is to cover construction and engineering costs for the South Oroville, Phase III Project. B-08 - Community Action Program. .Within the CAA Administration 981 grant year, transfers $4,792 from salaries and wages, $3,350 from enefits; with $355 going to consumable supplies, $1,210 to rents, leases nd purchase of equipment; and $7,754 to other costs. Within the Community ervices Program, transfers $4,115 from fringe benefits; $295 from consultant nd contract services; and $140 from space costs and rentals; and increases he appropriation to salaries and wages, $2,756; travel, $1,818; space osts and rentals, $951; and ather costs, .$7,29.5. The transfer between ine items, together with additional federal aid - Community Services dministration in the amount of $13,156 covers the necessary reprogramming f 1981 unexpended CAA funds pursuant to budget revision ~I1 as approved by he Community Services Administration on August 4, 1981. B-09 - Community Action Program. This transfer increases the ppropriation in the CAA 1981 Housing Weatherization .Round U Program in the mount of $30,000. The source is unanticipated revenue from grant opportunities rovided by the State Office of Economic Opportunity. B-lI -- Community Action Program. Increases the appropriation in he 1981 CAA Head Start Program utilizing additional unanticipated revenues rom the Department of Health and Human Services, $44,805. B-12 - Community Action Program. Establishes the CAA 1981 Seniors rograms in the amount of $479,589 from grant sources. B-16 - Federal Revenue Sharing - E1 Medio Ditch. This transfer .gets the unencumbered balances amounting to $15,939.24 for the El Ditch Farmers Home Administration project wzth funding coming unanticipated revenue - federal aid. - B-22 - Fish and Came Commission. Establishes an additional ppropriation in the amount of $2,000 in special department expense to over the construction of two additional steps to the fish ladder at the arrott-Phelan Dam on Butte Creek. Funding is from unanticipated revenue. B-28 - Fire Protection - 'Volunteer Program. Transfers $20,665 the reserve to fixed assets - structures, improvements and grounds to the contract for the metal building at Richvale Eire Station. B-29 - Personnel. Transfers $6,600 from the reserve to professional nd specialized services to cover the obligation under the contract with the abor relations consultant. B-30 - Manpower Administration. Establishes an appropriation thin fixed assets - equipment of $1,292 to cover freight charges for the stinghous systems furniture deliverd in February 1981. Funding is from angicipated revenue - manpower"~'ewenue sharing. Page 98. January 19, 1982 January 14, 1482 8 2- B-31 - Public Works - Road Construction. Transfers $6,000 from the road reserve to the Lassen Avenue and Esplanade traffic signal project to cover-the contract amount which is in excess of the budget expectations. B-34 - Housing and Community De~elo~ment. .Establishes a budget for the HCD State Deferred Payment Rehabilitation Loan Program totalling $56,500 from a state HCD grant. B-35 -Public Health - DCRC. Increases the appropriation for fessional and specialized services in the amount of $48,453 coming from nticipated revenue pursuant to an agreement with the State Department of ohol and Drug Abuse. 8-37 - Road Constriction. Transfers $6,710 from the road reserve to cover the overrun of the oxiginal low bid for the Lincoln Boulevard project. B-43 - Sheriff - Incarceration. Establishes additional budgetary appropriations to implement the provisions of an SB 294 grant from the State Board of Corrections totalling $11,475 for extra help, overtime and transportation and travel (training). 8-44 - Manpower Administration. Restores a $40,000 appropriation for the purchase of comprehensive liability insurance to the Manpower Administration budget. _„ B-45 - Administrative Office. Transfers $3,000 from the reserve with $300 going to rents and leases - equipment and $2,700 to fixed assets - equipment to provide an appropriation to pay the lease on the present department vehicle and to provide an appropriation to acquire a new vehicle. B-46 -- Community Action Program. Increases the budget in the CAA 1981 Minor Home Repair Program. Total amount of the transfer is $15,000 from unanticipated revenue - Housing and Urban Development. B-48 - Intercity Transit System Equipment. Appropriates $4,000 for the purchase of a used van utilizing unanticipated revenue from fare box income. B-49 - Salary ordinance amendment transfer. Within Manpower Administration, reduces salaries, $50,433 and benefits, $15,130; together with a reduction of unanticipated revenue - CETA Administration totalling $56,563. Transfers the remaining appropriations for the Biggs Constable's budget, $14,314; Oroville Constable's budget, $16,053; Paradise Constable's budget, $15,996; together with $10,191 from the reserve; thereby increasing the Sheriff's Incarceration budget by $56,552. Transfers $511 from the reserve, with increases to the Paradise Justice Court budget as follows: maintenance of buildings and structures, $187; household expense, $109; and utilities, $215. Transfers $17,202 from salaries and benefits within the District Attorney's budget, together with $4,599 from the reserve; with a total of $21,800 going to salaries and benefits within the Public Guardina's budget. Within the Buildings and Grounds internal service fund budget, transfers $2,358 from extra help with $1,851 going to salaries and $507 to benefits. Increases the Workers' Compensation internal service fund budget $1,358 with revenue coming from other county departments, $1,261 and non-county departments, $97. Within the Unemployment Insurance internal service fund budget, decreases employee benefits, $203, reflecting an increase of revenue from non-county departments of $15 and a decrease from county departments of $218. The total amount of funds being transferred from the reserve is $15,301. Page 99. January 19, 1982 January 19, 1982 82- B-50 - Road Construction. Transfers $30.,562 from the road reserve ~ due to a change order necessary on Housing and Community Development Phase III road project. B-52 - Supplemental Manpower Programs. The purpose of this transfer is to appropriate the carry forward funding of the Manpower programs, for fiscal year 1981-82. Within the administrative cost pool appropriates. $486,593 within various projects. Within Title ITB appropriates $69,321 within := various }projects. Within Title TV SXEP program appropriates $55,428. within various projects. The total amount of this transfer is $1,151,459 with funding coming from unanticipated revenue. B-55 - District Attor_n_ey_. Transfers $2,432 from the reserve_to extra help within the bistrict Attorney's budget to provide attorney coverage in the extra help account during a vacation period. B-57 - Paradise Justice Court. Transfers $1,500 from the reserve to extra help for the employment of an extra help clerk typist peinding approval of a half-time position currently under review. B-61 - Community Action Program. Establishes a budget appropriation in the CAA Supplemental Head Start Handicapped Grant Program through unanticipated revenues in the amount of $2,056. B-62 ='Housing and Community Development. Provides an increase in HCD administration in the amount of $1,121 with funding coming from the program income account. B-64 - Various. Provides appropriations in accordance with the two percent salary increase. This results in an increase of $419,007 in salaries and benefits funded by $221,486 from the reserve, $49,206 from the road reserve and $148,315 from unanticipated revenues. B-66 - Welfare Administration. Transfers $1,875 from professional and specialized services toegether with federal revenue, $11,250 and state revenue, $1,875; establishes an appropriation totalling $15,000 in professional services - District Attorney services in order to provide for the prosecution of food stamp fraud cases. B-67 - Auditor-Controller. Transfers $4,000 from the reserve to professional and specialized services to establish an appropriation for a cost allocation consultant fee. B-70 - Public Works - Road and Bridge Construction. This transfer appropriates federal funds, $359,244 and City of Chico contributions, $21,258 for additional funding to the Dayton Road relocation project. The transfer also increases the expenditure appropriation for the construction project, $327,100 and related engineering costs, $50,060. Part of this transfer recognizes a decrease of HUD revenue and engineering costs of $31,000 for the South Oroville street improvement project. This action thereby results in an overall decrease of $19,060 in preliminary engineering costs in the Public Works construction budget and together with $3,342 of county over matching funds, allows the transfer of these appropriations totalling $22,402 to the road construction fund reserve. B-71 - Welfare Special Programs - Child Sexual Abuse Treatment. Transfers $69 from the reserve, together with federal aid, $2,36$; thereby increasing the appropriations in the 1981-82 Child Sexual Abuse Treatment Program in professional and specialized services, $2,437. Page 100. January 19, 1982 6 2- d January 19, 1982 - B-72 -Sheriff - Incarceration.- Increases the appropriation for extra help, $2,500 overtime,' $1,1.79; employee benefits, $1,000;, and transportation and travel, $4,317. Funds totalling $8,996 are from a corrections training grant. B-73 - Manpower Administration. Increases the appropriation in household expense, $2,000 for increased expenditures for janitorial services with funding coming from unanticipated federal revenue. B-77 - Public Health - DCRC. Appropriates contributions totalling $688 from private parties for training and purchase of educational materials for the department.. 8-78 - Probation - ~ecial Frograms. This transfer corrects appropriations within the Probation Special Programs budget which were omitted in the final budget preparation and recognizes an additional $1,000 in unanticipated revenue. B-80 - Contributions -- Other. Agencies .:: Transfers $3,466 from the reserve to the Contributions to Other Agencies budget to•cover expenditures within the Rural Senior Service Project and Rural Senior IIIB Supportive Service Project. B-81 -- Agriculture and Air Pollution. Transfers $3,871 from the reserve with $633 going to special department expense and $398 to fixed assets within the Agriculture budget and $840 to fixed assets within the Air Pollution budget. B-84 - Public Health - General Services. Establishes an additional appropriation of $9,000 for professional and specialized services with funding coming from state aid to provide for the renewal contract for the Dental Disease Prevention Program and the subcontract with the Northern Sacramento Valley Rural Prevention Program. B-85 - Welfare Administration. Establishes an appropriation within professional and specialized services in the amount of $4,973 in order to cover the cost of respite day care services. Funding is from unanticipated revenue. 8-87 - Community Action Program. Within the CAA Winterization Program, increases the appropriation for salaries and wages, $4,286 and consumable supplies, $915 with revenue coming from state aid - OEO. B-91 - Housin & Community Development grant. This transfer establishes the budget for the 1981-82 Community Development Block Grant as approved by the Department of Housing and Urban Development. The total amount of the budget if $521,765 with $500,000 coming from HUD and $21,765 anticipated through program income. B-92 - Manpower Administration. Increases the appropriation for the equipment account for increased expenditures for CETA Administration and classroom training programs in the amount of $11,880 with funding coming from CETA revenues. B-93 - Buildings. and Grounds Maintenance ISF. Transfers $1,300 from the reserve to maintenance of structures to provide the necessary appropriation to install a separate heating and air conditioning unit for the Chico Health Building Laboratory. B-95 - Manpower Administration. This is a $1,821,656 transfer to record an increase in appropriations for various manpowex programs with Page 101. January 19, 1982 January 19, 19.82 8 2- b 121 funding coming from federal revenue as reported on the Notice of Fund Availability No. 2 from the U.S. Department of Labor onNovember,6, 1981. B~97 - Community:Aetion Program. Establishes a budget for the CAA 1982 Community Food and Nutrition Program in the amount of $39,469 as granted by the Solano County Economic Opportunity Council. PUBLIC HEARING: BIIDGET TRANSFER HEARINGS The public hearing on the following budget transfers was held as advertised: B-103 - Supplemental Manpower Program - Overall Economic Development Program Title V. Carries forward previously approved appropriations from 3une 23, 1981 into the 1981-82 fiscal year totalling $24,539.24 as follows: extra help, $10,807.77; employee benefits, $3,731.47; communications, $400; general insurance, $400; office supplies, $1,313.94; professional and specialized services, $3,000; rents and leases - buildings, $2;000; rents and leases - equipment, $1,286.06; transportation and travel, $1,000; and utilities, $600. Funding is from unanticipated revenue. B-114 - County Clerk. Establishes an appropriation of $21,000 in fixed assets - micrographics utilizing revenue from the Micrographic Trust Fund (F1463). B-119 - County Service Area loans. Transfers $36,500 from the reserve to the County Service Area Loan Revolving Account to provide appropriations and record loans to County Service Area 34 (Gridley Swimming Pool), $30,000; County Service Area 47 (East and Guynn Avenue Storm Drain), $1,500; and County Service Area 82 (Stirling City Sewer), $5,000. B-121 - Transportation Plannin Increases the appropriation for maintenance -- equipment, $200; office expense (duplicating), $1,000; and transportation and travel, $3,000. Total amount of the transfer is $4,200 with funding coming from unanticipated revenue - state aid/transporta- tion planning. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Saraceni, seconded by Supervisor Dolan and carried, the following budget, transfers were approved: B-108 - Supplemental Manpower Program - Overall Economic Development Program Title V. Carries forward previously approved appropriations from June 23, 1981 into the 1981-82 fiscal year totalling $24,539.24 as follows: extra help, $10,807.77; employee benefits, .$3,731.47; communications, $400; general insurance, $400; office supplies, $1,313.94; professional and specialized services, $3,000; rents and leases - buildings, $2,000; rents and leases - equipment, $1,28b.Ob; transportation and travel, $1,000; and utilities, $600. Funding is-from unanticipated revenue. B-114 - County_ Clerk. Establishes an appropriation of $21,000 in fixed assets - micrographics utilizing revenue from the Micrographic Trust Fund (F1463). B-119 - County Service Area loans. Transfers $36,500 from the reserve to the County Service Area Loan Revolving Account to provide appropriations and record loans to County Service Area 34 (Gridley Swimming Pool}, $30,000; County Service Area 47 (East and Guynn Avenue Storm Drain), Page 102. January 19, 1982 8 2- 122 123 124 January 19., 1982 $1,500; and County Service Area 82 (Stirling City.Sewer), $5,000. B=121="Trans ortation Planning. Increases the appropriation for maintenance - equipment,'-$200; office expense (duplicating), $1,000; and transportation and travel', $3,000. Total amount of the transfer is $4,200 with funding coming from unanticipated revenue -state aid/transportation planning. PUBLIC HEARING: BUDGET TRANSFER B-127 COMMUNITY ACTION PROGRAM Mike Pyeatt, acting administrative officer; asked that this budget transfer be advertised and brought 3iack next week. The matter was continued to January 26, 1982 at 10:00 a.m. for advertising purposes. APPROVE BUDGET TRANSFERS On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, the following budget transfers were approved: B-125 - Public Works Road Construction. This transfer establishes a $22,000 appropriation for the construction of a low water crossing on Chico River Road representing a $14,500 net increase in expenditure appropriations derived from $22,000 from the road construction contingency less $7,500 increase in road operations (force account). B-126 - Manpower. Transfers $1,382 from memberships to overtime which is necessary as a result of phasing out of some CETA activities and changes in other programs requiring an overtime appropriation. B-128 - Public Guardian. Transfers $3,000 from extra help to professional and specialized services in order to correct B-123 as approved by the Board on January 12, 1982. As a result of this transfer the professional and specialized services account will reflect an overall increase of $1,500 and overtime will be decreased a similar amount. DISCUSSION OF COMMUNITY ACTION AGENCY GRANT FUNDING FROM THE OFFICE OF COMMUNITY SERVICES AND IMPENDING LAYOFFS Jim McNaughton, execui~e director of CAA, spoke regarding the grant funding for Community Action Agency from the Office of Community Services and the impending layoffs. The latest estimate through last Friday for actual costs and encumberance for two weeks show a deficit of only $30. This was based on assumptions and the estimate of the county costs and the deficit is $30 instead of $2,500. He was proposing taking the action set-out in the memo to the Board. He has discussed this problem with the Office of Community Services and apparently all the right people are working in the right direction for the 1982 budget for January. In his discussion with the agency, they advised him they would not put that in writing. He gave himself a notice of reduction in hours and was advised by the Administrative Officer that he could not do so. He was asking that the Board approve this action next Monday if they do not receive anything, when perhaps a contingency program would be in order. Supervisor Saraceni appreciated Mr. McNaughton looking down the line at the expenses and being prepared to take action. Mike Pyeatt, acting administrative officer, stated the Board should be aware of the situation. As explained to him, Mr. McNaughton was contemplating complete layoff for himself. There is no way the Administrative Office could support the layoff. Four hours per day re- presents a slight difference. He assumed that in presenting that proposal Mr. McNaughton must feel he would keep on top of the operation during that week. Page 103.. January 19, 1982 January 19~ 1382 82- Mr. Mci3aughton stated-that as an exempt employee, he does not ~ necessarily stop after 40 hours per week. The cnt in hours might have to be done as a contingency. ** Chairman Wheeler advised Mr. McNaughton to keep the Board advised on what was happening in this matter. 125 APPROVE VARIANCE RENEWALS On motion of Supervisor Dolan, seconded by Supervisor Moseley and carried, the following were approved: 1. Martha J. Davis renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 45-10-4-006, 1299 East Humboldt Avenue, Chico area. Zoning: "A-2" 2. Alice Bamford renewal of variance to sections 19--10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 25-17-50, Box 2417-Cox Lane, Palermo area. Zoning: "A-2" 126 CONSIDERATION OF WAIVING SECOND READING OF ORDINANCE IMPLEMENTING PUBLIC HEALTH PERMITS FOR FOOD ESTABLISHMENTS CONTINUED TO JANUARY 26, 1982 Supervisor Saraceni asked that the ordinance implementing Public Health permits for food establishments be held for one week. Consideration of waiving the second reading and adoption of ordinance implementing Public Health permits for food establishments was continued to January 26, 1982. 127 AUTHORIZED MAKING SCHEDULED ADJUSTMENTS YN THE IN-HOME SUPPORTIVE SERVICES (IHS) AND WORK INCENTIVE PROGRAM AS TELEGRAMS FROM THE STATE DICTATE AND WELFARE DIRECTOR TO KEEP BOARD INFORMED ON MATTERS Bob Crisan, welfare director, stated he had sent the Board a memo with regard to.: the problems they have encountered due to the court suit which dismantled the savings in order to provide controlled quality services that were suggested this year. This basically means they must change they system to stay within the allocations. The present expenditures they have expended during the first six months were 62.5 percent. They will be making retroactive payments to individuals. This move erased all the time savings in the severly impaired by 54 percent of the activity. A temporary restraining order has not been issued as yet. They might have to provide for additional things. They have to project a greater savings than just the minimum. He could stay within his budget if this program is adjusted now, but if it is not there will be a cost of $300,000 in county money. Under SB 633, there is a limit to funds to the county when the program was formerly state and federal funding. There was no cost to the county. This year, SB 633 limited the funding setup to ten percent for a county match. This bill is included in the suit prepared against the state for all the legislation created last year. There was a suit for Yn-Home Supportive Services filed in 1976 that has not bee resolved. Sacramento County is now filing in Suprement Court that. would provide some $400,000 retroactive to the county. He could not allow expenditures to continue on the basis that sometime the county will receive those funds. He would like for the Board to make the scheduled adjustments. This would be basically changing back to an individual provider and maintain four homemakers..on staff-for some control and emergency services and one supervisor to maintain employment. There is no doubt they will lose control of some quality but the program will go on with less amount of problems for recipients. Page 104. January I9, I982 January 19-, 1982 82- Supervisor Dolan stated it wasn~t easy for the Board to change the ~ program but it was done because it would be better service to the clients and at a lesser cost. The court's way o#. determining the level of service is by the same expenditure of :funds as those prior to SB 633. The Board is mandated to give cash grant for services that axe not there. Mr. Crisan stated there were two major changes that decreased the services, removal of comfort and safety for individuals who were receiving comfort totally were removed. Also there was payment to spouses who provided other than personal nonprofessional care. That has bee removed. ..Even those have to be reimbursed on a time basis. Where the agency provider could do the same job for less hours, they had to turn .. over the hours we saved. There is no recourse as far as they have been instructed by the state.. The state is the party being sued. 128 Supervisor Dolan stated that the reduction is based on expenditure of money and any economies are not taken into consideration. The Board needs to make a complaint on this matter. She wanted to complain down the line about this situation. Chairman Wheeler felt that maybe the Board should complain and write a letter to the Legislators asking if this matt ex cannot be solved Legislatively. The state would then have the Board's letter knowing their feelings on the state mandates. Mr. Crisan did not feel the county needed to have user pay items to apply to reduce cost if they reduce services now. If the funds are not accumulated, they might have to apply some of those restrictions. The first county that applies those restrictions,might be in court. If the court issues a restraining order in the suit by CSAC, he could see the state providing the funds for expenditures. Otherwise, the county is faced with a shortage of funds. He has been working through telegrams from the state. His department was notified on December 30, 1981 and that was updated on January 15, 1982 indicating a reduction of service funds by 38 percent for the work incentive program. With expenditures of 58 percent, this leaves some four percent for the work incentive program. The only way his office can save is by staff. The county is mandated to maintain the requirements of the program for the balance of the year. The responsibility has not been removed just funding. This is a federal reduction and would have to be other than a Superior Court. The work incentive program in the state is no more. On motion of Supervisor Dolan, seconded by Supervisor Moseley and carried, the welfare Director was authorized to make the scheduled adjustments in the In-Home Supportive Services and the work Incentive Program as telegrams from the state dictate and to keep the Board informed. PUBLIC HEARING DATE SET Gene Mercer, secretary of Butte County Fish and Game Commission, spoke regaxding the letter from the State Department of Fish and Game relative to an either sex archery deer hunt at Gray Lodge. He called the commissioners by phone and all five of them would like for the Board to hold a public hearing on this matter. This matter comes up every year. Last year there was an antler hunt and he received the information there were two bucks killed. He felt that the discussion of archery, slugs or black powder be held during that hearing. A public hearing date of February 9, 1482 at 11:15 a.m. was set for consideration of the either sex archery deer hunt at Gray Lodge. Page 105. Januaiy 19, 1982 8 2- 129 130 January 19, 1982 - Supervisor Saraceni stated that the last heaxing had been held during the evening to enable people to attend that meeting. He brought this since there might be some people who would want to attend but could not if the meeting were during the day. Mr. Mercer stated that Supervisor Saraceni was referring to the meeting held on the boundary and authority change of the zone. The majority of people who attended that meeting were members of gun clubs and not Butte County residents. This was relative to the leaving of the season open. and closed they way the people from Tehama, Shasta and Plumes County wanted. He wrote directly to the State Department of Fish and Game opposing the extra week. He did not feel there would be a problem holding-the meeting during the day. The First year, the department held an antlerless hunt in which one doe and two fawns were killed. The county commission had no notice of the proposed hunt. The second year, the Board opposed the hunt and this forced the department to have an antlered hunt which resulted in the killing of two bucks. APPEARANCE: HENRY MC CALL Henry McCall advised the Board thati the City of Oroville, the Town of Paxadise, City of Gridley, City of Biggs and County of Butte adopted an ordinance restricting the sale of drug paraphernalia which was contested in court. On January 19, 1982 the case was finally decided by Judge Watt to the effect that the City of Oroville ordinance did not preclude state law and is valid. He asked that the Board go on record and draft a letter to the Chico City Council asking them to enact the same ordinance. Chairman Wheeler advised Mr. McCall that the Board had done that and had sent a letter and the City of Chico refused. Mr. McCall could certainly write a letter if he chose to do so. The Board did accomplish what they set out to do. She was the originator of the local legislation. She is working with the drug advisor in the county and they are hoping to bring a proposal to the Board at budget time for approaching the Northern California Supervisors Association. The cost for the proposal would be shared by Butte County and the nine northern counties, working with a consultant for a study of the use or misuse of drugs and alcohol. There is funding available they. might be able to acquire from the smaller counties that send the mone~r back to the state. There is a need to move forward through rehabilitation and educational programs. Mr. McCall stated he would be requesting that the City of Oroville write a letter to the City of Chico. He was requesting that the Board do the same. Chairman Wheeler stated that it was very clear thaE the City of Chico did not want any part of the ordinance. They sent this to the people as an advisory measure and the people spoke. A letter from the Board would not be accepted by them for action. If she did anything, it would be to ask them for money. Supervisor Dolan was not willing to do something meaningless. She felt they should do something meaningful by education. If Mr: McCall wanted to send a letter, he should do so. APPEARANCE: BILL GEDDIS Bill Geddis stated he was representing Harold Nakamoto, a peach farmer in Gridley, who wishes to segregate his hime from the peach orchard. He owns a total of 25 acres. The zoning for the property is '41-2" which could be divided down to 8,125 square feet. Under the General Plan the groperty is designated orchard and field crop. Because this property is not in the "A-10" or "A-5" designation it cannot be considered under Page 106. January 19, 1982: January 19, 19-82 82- the segregation ordinance. There cannot eyen.be a parcel map filed for '~ this property. He asked that the Board address this problem during their meeting with the Planning Commission this afternoon. He submitted a map showing the area. 131 132 133 134 135 APPEARANCE: DR. C.O. PATTERSUN Dr. Patterson<~elt.there had-been violation of the Constitution of the United States as it relates to setting aside funds for Chico and Gridley Libraries. He read Article 5 additional to 14th Amendment. He felt this was a violation of Proposition 13, Jarvis. He felt the Board should see how Placer and Tehama Counties elect their supervisors. He also spoke regarding the hearing he had liefore Judge Rix and the letter he had written. ADOPT RESOLUTION 82-16 APPROVING AGREEMENT WITH OWID ON EASTRTDGE ASSESSMENT DISTRICT: APPROVE 1981-82 NON-TRANSIT SB 325 CLAIM On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, the following action was taken: 1. Adopted Resolution 82-16 approving the agreement with the Oroville Wyandotte Irrigation District regarding Eastridge Assessment District. $1,310,968 plus rebudgeting local transportation funds of $24,600 covering road and bridge maintenance and road projects in the 1981-82 budget. 2. Approved the 1981-82 Non-Transit SB 325 claim covering the county's request for allocation of SB 325 funds from BUAG in the amount of REPORT TO THE BOARD ON ICY ROAD CONDITIONS Clay Castleberry, public works director, reported to the Board on icy road conditions. They are trying not to increase the level of service for icy and snow conditions over what they have done in the past to try to hold things to that level. There are not getting to some areas. Supervisors Wheeler and Saraceni are working in some areas trying to elminate the services. Some of the icy conditions required that they come out at night and put sand on the roads. In those instances, they put up the signs requiring chains and telling people no. ADDITIONAL MATTER PRESENTED BY PUBLIC WOR~CS DIRECTOR Clay Castleberry, public works director, advised the Board that the California Counties Engineers Association have asked him to represent them on the national level. He will be doing some traveling. Some of the travel will be at state and his expense. He has been invited to appear before Congress with the highway people. He will be working on writing the new federal highway bill with the highway people to be presented to Congress. This will be in early April. ADDITIONAL MATTER PRESENTED BY SUPERVISOR SARACENI Supervisor Saraceni stated he would be meeting with the people in Clipper Mills to go over the resources available in those areas for snow removal. Clay Castleberry, public works director, stated that the Department of Forestry has indicated there would be a surplus volunteer ambulance made available to the volunteer fire department, and maybe a blade could be put on the front of that vehicle, provided the citizens are willing to do some work. If the people would like to do this work on a voluntary basis, they will have a services. He was encouraged with some of the volunteer efforts. Chairman Wheeler advised that was why-they were trying to form an association in Butte Meadowspage 107. January 19, 1982 January 19-, 1982 82- 136 DISCUSSION~OF LETTER FROM STATE DEPARTMENT OF T~tANSPORTATION RE: REQUEST $ FOR COOPERATION FROM COUNTY INVOLVING TRAFFIC VOLUMES IMPACTING STATE AND COUNTY 'ROADS AND FACILITIES Discussion of"the letter from the State Department of Transportation forwarding information and asking cooperation from the county involving ' traffic volumes impacting state and county roads and facilities held at this Clay Castleberry, public works director, felt it appeared to be in order to meet with the Department of Transportation again. Recently, he, County Counsel and Planning met on this matter. Chairman Wheeler asked that she be allowed to meet with County Counsel, Public Works, Planning and the State Department of Transportation. 137 ESTABLISH SALES PRICE ON NEW HOUSING ELEMENT OF THE BUTTE COUNTY GENEEAT= PLAN On motion of Supervisor Dolan, seconded by Supervisor Moseley and carried, the price of $1.50 for the new Housing Element of the Butte County General Plan was established. 138 REPORT TO THE BOARD CONCERNING CRITERIA TO BE USED BY THE PLANNING DEPARTMENT WHEN AN APPLTCATION FOR A VARIANCE IS RE UESTED The report to the Board concerning the criteria to be used by the Planning Department when an application for a variance is requested was held as continued from January 5, 1982. Bettye Blair, planning director, stated this was continued at the Board's request. Chairman Wheeler did not see any flexibility unless they changed the entire section. That would open the door for an on-slot of applications, the county could not deal with. What will happen is that the Board will continue to deal with these matters on a piece meal basis. Ms. Blair stated there was nothing wrong with the Board adopting a strop policy direction. If her department is to do something other than what has been done in the past, she will need direction and policy guidance from the Board. If this issue were to continue on the basis it has in the past, she had no problems with that happening. Supervisor Saraceni felt that what the Planning Department had been doing was the way it should be handled. Supervisor Dolan stated there was no question with that being the proper procedure but she felt it was awkward when the Board has an application before them that they cannot deal with. Del Siemsen, county counsel, stated he had mentioned his concern in the past and that has been in the area relating to request for variances to lot sizes where the allow the variance would make all the lot sizes smaller than the zoning and he has cautioned that this was not proper. The Board indicated in the past why weren't the people not told. He felt the policy should be if the Board considered these that they should be told it would be a rezoning and then the Board could state those types of requests to split the property constituted a rezone and would give the Planning Department direction that the people should apply for a zoning request. Ms. Blair disagreed with County Counsel on this matter. Zoning includes standard sizes. These are variances to the standards, and she felt that was the proper type of application to apply for. There are Page 108. January 19, 1982 6 2- a January 19, 1482 instances when small parcels can b.e accounted for under this action. Mr. Siemsen stated he had not taken the position that an individual parcel that could not be split could not come .under this provision. His objection was when all the parcel sizes when split would be smaller than the zone then that is a zoning and not a variance. That constitutes a rezone when all the lots are smaller than the lot size for the zone. He has not taken the .position that a person could not have a variance to a lot size in certain instances. To allow for subdivision and resale is. a different concept than using the land for the uses in the zone. That is what the Board will have to consider when creating lots one-half the size of what the zone calls for. Supervisor Saraceni would like to have a little more time to study this matter. He would not want to be put in a position of rezoning a complete area for one variance in that area. No action taken. Procedure to be maintained at the status quo. 139 14o ADDITIONAL MATTER PRESENTED BY PLANNING DIRECTOR Bettye Blair, planning director, stated she had sent the Board a copy of the information that would be sent to the applicants for the Land Conservation Act Window withdrawals. The application form proposed by Supervisor Saraceni was a good form. She has run into a minor difficulty with regard to the need for fourteen copies for distribution for the hearing before the Board. In the event the plans exceed the legal paper size, there is a problem of reproducing the plans for the Board. Even though there is a fee for this application, she felt the applicant should submit the desired number of copies at the time of the application. She was reluctant to ask for that number of copies uc-less the Board ve2~:-made aware of this fact. If there are no objections, they will proceed with this format and information will be provided in a cover letter that sets out the cost of the environmental review and application fee. APPOINTMENTS CONTINUED TO JANUARY 26, 1982 The following appointments were continued to Januaxy 25, 1982: 1. Appointment to the Butte County Housing Authority, District 2. 2. Appointments to the Mental Health Advisory Board. 141 AGENDA ITEMS CONTINUED TO JANUARY 20, 1982 The following matters were continued to January 20, 1982: 1. Consideration of amending Policy and Procedure Manual Section 1.10 concerning Chairman/Vice-Chairman selection. 2. Recruitment processes for County Administrative Officer. 3. Discussion of County Clerk's hours. 142 143 DISCUSSION RE: LEGISLATION ON ASSESSING OF REGISTERED MOBILE HOMES AT LOCAL LEVEL TAKEN OFF AGENDA Discussion regarding legislation on the assessing of registered mobile homes at the local level was taken .off the agenda. COMMUNICATIONS. Bachman & Associates, Chico. The engineers, on behalf of Don Pride, file a late appeal appealing condition 7 (permanent solution for drainage) on tentative parcel map, AP 47-34-11 and 12, three parcels, property located on the north side of Keefer Road, west of Hicks Lane, north Chico area. Report from Chairman Wheeler on January 25, 1982. Page 109. January 19, 1982 62 b _ __ __-_--_-_-January-12, 1982 --- -=-===T=-_-___ Ron-Graves & Associates;- Oroville. The engineer; on.hehalf of Samuel O'Lear, appeals condition 5 (pxovide permanent solution for drainage - pay Mud Creek drainage fee) on .tentative parcel map, AP 4Z-52-14, four parcels, property located on tfie west side of Landmark Drive and Hicks Lane intersection, north. Chico area. Set for hearing February 2, 14.82 at 10:00. a.m. Geddis, Driscoll, Christopherson, Lenhart, Inc., Oroville. The engineers., on behalf of Gregory Todd Hemstalk; appeal the Advisory Agency's denial of proposed negative declaration and tentative parcel map, AP 72-29-61, two parcels, property located approximately 1,000 feet northeast of Romelt Lane and Mather Lane intersection (both sides of Romelt Lane), Stringtown area. Set fox hearing February 9, 1982 at 10:15 a.m. Vernal L. and Erma R. Dean, Chico. Mr. and Mrs. Dean write supporting the greenline in the northwest area (dell Road, Muir Avenue to Highway 32) by the Planning Commission. Information; to be considered on January 20, 1982. Nancy Cornell, Chico. Ms. Cornell writes submitting her resignation as a member of the Comprehensive Employment and Training Advisory Council (CETAC). Resignation accepted and letter to be sent. Gordon W. Northan, Marysville. The architect for the Gridley Branch of the Butte County Library writes concerning a request to amend his contract. Referred to Library Corporation staff to write letter. Jerry Allen Freng, Oroville. Mr. Freng writes submitting a claim in the amount of $1,000,000 as a result of alleged damages as a result of an ocxurrence occurring on October 26, 1981 involving law enforcement agencies. See motion following communications. James L. White, Oroville. Mr. White submits a claim in the amount of $26,991.20 as a result of alleged damages brought about by an incident occurring October 7, 1981 involving the Sheriff's Department. See motion following communications. Currey, Vasquez & Engle, attorneys at law. The attorneys, on behalf of Scott Alan Blaylock, file a claim for damages in the amount of $250,000 involving numerous defendants as a result of alleged damages occurring on or about October 5, 1981 which occurred at Woodleaf Outdoor School in Yuba County. See motion following communications. David Joseph A11en, Chico. Mr. Allen submits a claim totalling $18,000 as result of alleged damages occurring on or about October 9, 1981 concerning the circumstances of an arrest. See motion following communications. State Department of Water Resources. The state forwards information advising that the county's adjusted delta water charge for 1482 is $16,117. Information; no action taken. State Department of Transportation. The Division of Mass Transportation writes thanking the Soard for supporting their efforts to rernute the Coast Starlight. Information no action taken. Senator Rober Presley. Senator Presley writes forwarding information and asking for input with regard to an exchange of cost cutting ideas and money saving measures. Information; no action taken. Page 110. January 19, 1982 82 ^3 January, l9, 19.82 State Department of k'ish and-Game. 'The department writes informing of their intention to recommend the Gray Lodge Either Sex Archery Deer Hunt to-the Fish and Game Commission. They advise that if the .Board objects to the hunt a public hearing must be held pursuant to the provisions of the Fish and Game Code. Handled earlier in the• meeting. State Department of Transportation, District 3. The department writes forwarding information and asks cooperation from the county involving .traffic volumes impacting state and county roads and facilities. Handled earlier in the meeting. U.S. Department of Agriculture - Forest Service. The Fore Service writes sending information and inviting comments concerning the Pacific Southwest Region preparing an environmental impact statement that will provide guidelines for selecting methods to control brush and other plants that compete with tree seedlings on National Forests. lnformation; no action taken. U.S. Department of Agriculture - Forest Service. The Plumes National Forest writes informing that there was an error in computing National Forest receipt payments and that the county can expect an additional $69,692.12. lnformation; no action taken. U.S. Department of Housing and Urban Development. The department writes advising that the county's proposal to proceed with voluntary acquisition and waiver of relocation payments by owner - occupant is approved of 2127 A Street and 2255 Fort Wayne Street in Oroville. Information; no action taken. U.S. Department of Health and Human Services. The department writes acknowledging receipt of the audit report and response concerning the 1980 Head Start Program audito. Information; no action taken. Robert Huskey, Oroville. The engineer, on behalf of Patricia Gilchrist, appeals the proposed negative declaration and Advisory Agency's denial of tentative parcel map, AP 28-27-156, four parcels, southeast side of Bangor Park Road, 1/4 mile east of Dunstone Road, Bangor area. Set for hearing February 9, 1982 at 10:30 a. m. REJECT CLAIM - JERRY ALLEN FRENG On motion of Supervisor Dolan, seconded by Supervisor Moseley and carried, the claim of Jerry Allen Freng in the amount of $1,000,000 as a result of alleged damages as a result of an occurrence occurring on October 26, 1981 involving law enforcement agencies was rejected and referred to Counsel and Risk Management Coordinator. 145 REJECT CLAIMS: JAMES L. WHTTE SCOTT ALAN BLAYLOCK & DAVID JOSEPH ALLEN On motion of Supervisor Moseley, seconded by Supervisor Dolan and carried, the following claims were rjected and referred to Counsel and. Risk Management Coordinator: 1. Claim of James L. White in the amount of $26,991.20 as a result of alleged damages brought about by an incident occurring October 7, 1981 involving the Sheriff's Department. 2. Claim of Scott Alan Blaylock in the amount of $250,000 involving numerous defendants as a result of alleged damages occurring on or about October 5, 1981 which occurred at Woodleaf Outdoor School in Yuba County. 146 Page 111. January 19, 1982 82 147 148 _ January 12,-1982_________________ 3. Claim of David Joseph Allen in ..the amount of $18,000 as a result of alleged damages occurring on or about.October 9, 19$l concerning the circumstances of an arrest. ADDITIONAL MATTER PRESENTED BY SUPERVISOR'I~IOSELEY Supervisor 2loseley stated she would be discussing the Veterans Memorial Hall Committees. The-recommendations from the organizations should be in by next week. Mr. Castleberry will have the rest hopefully by next week. RECESS: 12:08 p.tn. RECONVENE: 1:32 p.m. WORK SESSION: SEWAGE STUDY COMhffTTEE REPORT The work session on-the Sewage Study Committee report was held at this time. Chairman Wheeler advised that the Board had received a letter from the Land Development Process Commission approving the sewage study report as submitted and requesting that the Board take action. Lynn Vanhart, environmental health director, stated the Board had received a copy of the committee's report. This would revise Appendix 7 of the county ordinance. He has also made comments to the report after each section. The committee was supplied with the comments he had made to the report. He could see some problems in certain areas. There would be added work and expense. He set out requirements for sewage disposal applicable to single family residences. This section deleted reference to soil. and a greater area is required for non-residence sewage unless an area is reserved. He read the section on useable sewage at this time. The requirements that the special design be approved by the Health Department or Water Quality Control Board is different and would require consideration individually as each project plan is presented. He set out Section B--l, B-2 and B-3 which had no changes. He read Section B-4 at this time. This allows for smaller buildings and includes the setbacks for building. The feeling of the committee was that certain subdivisions were to be built by a developer with smaller houses and then smaller lots could be used. This would restrict development to the building sizes shown on the map. It would only work on a subdivision to be developed or built by the developer. If the lots were sold individually the person would be restricted to what was on the map. This would not allow room for remodeling unless it was very minimal. Ellis Rolls stated this was one of the things that had been discussed by the committee. He understood Mr. Vanhart's concerns. His personal feeling was that when the county set a minimum standard, that standard should Snot be set to permit pools and family rooms but a standard that would allow a family to live in a home without these amenities. That would allow for the lowest most reasonably priced lot that could be purchased in the county. He showed the Board the design manual for On-Site Water Management that was published by the EPA. The recommendations of the committee is a modification of this manual for local use. He responded to the comments from the Health Department at this time. The home could be built as a two-story home and does not command the developer to build on only small lots. This section allows-for the building on smaller lots far those who chose to do so. The market will dictate the bulk of those types of lots that are created. Dan Hays stated they took a look at the past history of the county in terms of the requirements. They can. create a b, 500 square foot lot in the county because the mechanics are not there to achieve a smaller lot. In the City of Chico there are 4,000 square foot lots. People would like more affordable housing. They want something to call home. This section Page 112. January 19, 1982 82 ~~* January 19, 1982 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ T ~ _ _ _ _ _ - _ _ - _ _ _ _ _ _ - would cover the health requirements and allow the developer to develop in a price range that people could afford. The trend is to build smaller homes. There are three subdivisions around the city where the largest home is 1,208 square feet. There is no such thing as affordable housing for young people today because the cost of housing is $50 per square foot and up to build. . Mr. Vanhart advised the Board that the smallest size lot that could be created at this time is from 12,000 to 12,500 square feet. Under the proposed changes the size would vary with the soil conditions. It would probably be below 8,125 square feet under ideal soil conditions. Mr. Hays stated that if the minimum standard was used then a person could. build abouf four houses on one acrea under ideal conditions and under the current requirements there would be three houses per acre allowed. This would allow about one house per acre more than can be done at this time. Mr. Vanhart stated his main objection to this section is not that it won`t work but that his experience has. usually b-een when the standard for the minimum is set that is how many homes will be built and it leaves the homeowner no flexibility for changing the home. It would be a difficult section to enforce because each time they would have to go back to the parcel map and see the restrictions. In some cases the system would be required to be layed out on the Iot before the parcel is created. Supervisor Dolan questioned the chain of information that would be given to subsequent home buyers over a ten year period. She wanted to know how a person would know of the restrictions that would be on the property when it was purchased ten of fifteen years after the creation of the property. Bill Geddis stated a person would know through a public report. Mr. Hays stated that the first time buyer would have the benefit of a pixblic'.ieport. If a person buys a lot, unless they scrutinize the purchase, they would be limited and have no means of informational access other than the map and the report. Supervisor Dolan stated that the second or later buyer might be laying out plans to change the house when they purchase the property. Then when they apply for a building permit, hovT would the Building Department have the information available for purposes of making the determination of whether this could be done. Jon Anderson stated that many people are surprised when they purchase a house under the current requirements .to find they are on a septic tank rather than on the sewer system. People do not always read the information they are supplied with at this time. Chairman Wheeler felt that should be the buyer's responsibility, as to setbacks, leachfields, etc. Mr. Hays stated there would be no more information available under this requirement than the information available at the present time. If the buyer is so estatic about the purchase of a home and does not find out about these restrictions, there is no way to condition people to tell them to check out everything on the purchase of the property. If the person takes the time to be knowledgeable, they wilt know. If they don't take the time, they will not know. Page 113. January 19, 1982 January_19,_1482 82 Supervisor Saraceni stated that many ties when people are getting {+ started, they cannot afford something large. Most people are happy to get something where they-can afford the downpayment and build up equity. When the people need more room, they will have the equity to be able to look at something larger in the way of housing. He wondered if the maximum distance for location of the septic system was required. Mr. Vanhart stated that the requirement is that the system be at least five feet from the building foundation. They try to advise people to put the system out further to allow for expansion. They have to tell people under the current lot sizes that they cannot expand their homes when the septic system is too close. He maintained that if this requirement was approved, he did not feel that the developer would reduce the cost of the lot by $1,000. Mr. Geddis stated that if a developer could go in and built four homes. on one acre instead of the three homes required at this time, he could guarantee that the developer would be happy to pass. on that savings. Mr. Hays stated that it only took one :developer to pass on the savings for the others to follow suit. The realtors are now having to be very creative in trying to help the first time buyer. At the present time, for every $100 in cost of mortgage at the current rate of 16-3/4%, a buyer will pay back 5-1/2 times that amount. Mr. Anderson stated that the building of three versus four homes on one acre would make a difference. Looking at five acre parcels where one acre is required and looking at the easements and marginal land, there would be quite a cost savings. He figured that over a period of fifteen to twenty years, this could result'~.a~n a savings of $1,000 for every person in the county and figuring a population of 150,000 this would be $150 million in savings. Mr. Hays stated that in looking at the cost of streets, curb, gutter and sidewalk, and underground utilities the calculation would be somewhere around $110 to $140 per lineal foot. There would be significant savings using more housing instead of less. This section takes care of the health, safety and a degree of affordability. Mr. Vanhart set out B-5, S-6 which have no changes. Under Section B-7 there would be a change from the present ordinance of 60 minutes per inch to 30 minutes per inch. Mr. Rolls stated this was in tryping to achieve consistency between single and muliple systems. Since bothe. operate on the same concept, he did not see any reason to have different requirements. Mr. Vanhart stated that Section B-8 would go from 30 percent to 25 percent slope. Under Section B-9 there would be no change. Under Section B-10 this would be a complete change. In the Chico area many lots would not apply as far as the change. In the Oroville area where the soil is very poor there would be a difference. He felt there could be one system developed fox the Oroville area where the soil is poor. In other areas, there could be different types of design. This section adds the acceptability of certain soils. There would be percolation tests required at 30 inches and at 42 inches. Mr. Hays stated that the tests are actually done today. The tests would be from upper to the lower on marginal areas. Mr. Vanhart set out Section C-2 which is a totally new section. These are design standards based on the EPA manual. There may be the Page 114. January 19, 1982 January 19, 19$2 82 need to add the definition of bedroom. They could get an application for ~ one bedroom and two dens. The main problem is getting a large enought system to cover the home. His concern. was when a family larger than that figured fox move into a home and the system may not work. Mr. Hays felt that given the economic situation, every house and system cannot be designed to take care of a worst case situation. He under- stood'P4r. Vanhart's problems. In a subdivision of homes, they could not design the homes and accomodate the affordability for everyone by designing the worst case situation, note could they design every bridge for the 1,000 year flood. There has to lie re-evaluation to take care of 99 percent of the problems recoginizing there will be problems with using a system not designed for this type of thing. In determining the per bedraom basis, the committee, took the information from-both the Chico and Thermalito sewer systems and from the EPA manual to come up with the information included in this section. They are exceeding what was in the EPA manual. Mr. Vanhart set out section G-2 and there were no changes. Section C-3 shows an application rate slightly higher than EPA. Under this section they came up with a definition of bedroom. ' Mr. Rolls recognized Mr. Vanhart's problems. They included a standard parcel based on a minimum of athree-bedroom design and felt they were buildingi.in a reasonable safety factor. The design criteria is somewhat conservative. This does not mean that a person could not overload a system. This was intended for a three-bedroom home and if the bedrooms were increased the system would be increased. Mr. Vanhart set out section C-4. There are no problems with this section. Section G 5 will require additional time on the part of the sanitarian. It would limit future remodeling on the lot. Under Section C-6 the definition of bedroom might be spelled out. Mr. Anderson felt that buying a small house was similar to a young married couple buying a volkswagon. When the family grows, that family have to make the decision as to whether they wish to purchase a station wagon or put all the family in a volkswagon. Mr. Geddis felt that Mr. Vanhart was saying that the family cannot buy a volkswagon but must buy a larger ear, using the example set out by Mr. Anderson. This recommendation will take care of problems, but will not serve every purpose. They are talking about a three-bedroom house and not a one-bedroom house. He felt it was better to tell someone they could not add a patio or pool than to tell someone they could not buy a home at all. Mr. Vanhart stated that Section D-was added to assure that property is not developed beyond the capacity. It will require additional time on the part of the Health and Building Departments. He had supplied the Board with a letter from the Building Department expressing their concerns along those lines. Section D-2 would be difficult to enforce. Section D-3 sounds good but there is no way to enforce it. This could not be enforced when someone adds to the groperty without obtaining a permit. Mr. Hays stated that problem existed today also. It is no different than under the present ordinance. Mr. Vanhart advised that the setback areas are listed in Table I. There are a few changes where the setback for wells would be 50 feet instead of 100 feet. That brings this portion back into conformance with the other ordinance standards. This change is listed in notes 2. There is Page 115. Januaxy 19, 1982 82 . _--_ ___==--=January 19,1982____________ _____ a requirement to negotiate with the Water Quality Control Board relative to the perennial streams. It-was recommended that the Board appoint two members of the Board to meet with. the committee and negotiate with Water Quality Control Board. Chairman Wheeler advised the Board would wait until Environmental Health had done preliminary work and then appoint someone at that time. RECESS: -2:34 p.m. RECONVENE: 2:59 p.m. xhe sewage study committee report was accepted as presented and the Board officially recognized the outstanding job the committee members and staff had contributed to the continued activities of this subject and a certificate of recognition is to be prepared by the Board. 149 JOINT MEETING OF THE BOARD OF SUPERVISORS AND PLANNING COMMISSION The joint meeting of the Board of Supervisors and Planning Commission to discuss open space, county service areas and service districts, Airport Land Use Commission, segregation for homesites ahd agricultural pursuits, variances, and other maters was held as advertised. Nina Lambert, planning commission chairman, thanked the Board for the opportunity to meet with them. She would like to see staff included in the discussion. Commissioner Wheeler stated the Planning Commission was concerned with open space and the lack of posture to enforce any open space agreements with the developers. The one are of the most concern at this time is on Doe Mill Ridge. There are several different projects proposed with open space involved. He would hate to see the area developed to the very minimum lost sizes. The developers have come in with a specific plan. The other problem is the sewer assessment districts. He felt there must be some way that the county could enter into open space agreements that would be carried out. He was not willing to go along with new developements of this type if there isn't a guarantee for continuing the open space. Commissioner Bennett stated that all they have today is a homeowners' agreement controlling the open space and thrigh decision of 73 percent of the homeowners the open space can be changed. There has to be something in state law to tie to to have this space in perpetuity. He felt the public had to have some solid assurances that the land will stay in open space. There are five or six developments for this area that will be coming in and whatever is decided on the first project will set a precedent for the other projects. Commissioner Schrader felt that there might be some alternatives. He researched AB 470 that was passed 'this year that allows counties to acquire and hold recreational easements 'for retaining open space provided the easement is voluntarily conveyed: The other alternative is land trust. A question arises as to whether the county can condition that on a PA-C development. He asked that the Board have the county legal staff research this matter. Chairman Wheeler stated that under Chapter 498, rho local government may condition for application the granting of conservation easements under this Chapter. The developer may have to volunteer the easement as opposed to placing a condition on the PA-C, Del Siemsen, county counsel, stated that this bill does not allow the county to approve a PA-G on the condition that they volunteer the easement. Page 116. January 19, 1982 7anyary 19, 1982 82 There is a probl.e~ of telling the developer-the project will be granted if khe easement is voluntarily given is an implied condition. This could create 3 problem with future buyers in the area. The other considerations are what is a condition pf granting a rezone. Does it have a relation to the rezone or no bearing on the rezone. Any easement granted removes that property from the tax roll. The assessed valuation will drop. Commissioner Max ,stated that if this is allowed to develop under PA-C zoning the tax bite would be even greater than if the land is tied up in parcels. Mr. Siemsen stated that would be something to look at, what the increase valuation of the approval versus the restrictions on the property. If the Board accepts the easements, they will be enforcing the restrictions and making sure no one is being taken unfair advantage of. Depending on the easement, there could be county liability involved. Commissioner Max felt they would coming back to the subject of county's willingness to accept the easement and liability of the land. Mr. Siemsen stated if there was the requirement for establishment f anon-profiit organization, and the property were deeded to this organization, t could be handled under Civil Code Section 815. He did not see how the ounty could require the developer to come in with a plan and easement for pen space before the project was approved. He was not aware of any section n the codes that would require making sure that the easement would be forever. Commissioner Schrader felt that the area would remain in open space s long as the county confnnued to maintain that zoning proposal. Maybe a A-C zoning is the only way to make sure the land is kept in open space. ntil the Board approves another zoning, the axea would remain in open space. Del Siemsen, county counsel, spoke regarding land trusts:to a non- it organization under Civil Code Section 185 et seq. The person who is the land trust is able to have a gift write~.:off on their taxes. The trust would sell the property to a public agency to assume responsibility the land. The non-profit organization could retain the property and sell it to a public agency. Under a PA-C this is a rezone and there is right to come in every day to present an application for a rezone on property. He wondered if the county wanted to be #n a position of pting open space easements. Chairman Wheeler felt that the specific points on this issue been raised and she felt that Counsel could address the issues if commission would site specific points and forward them to Counsel and Counsel could share them with the Board. Mr. Siemsen felt that he shouldd respond on a general bads rather n on any one project. If the Board wanted to start being the recipient open space easement; they could indiate their willingness to accept them have the developers be aware of this fact. It cannot be made a condition the zoning. Commissioner Max was not sure that the county should hold themselves en to the accepting of these easements in all cases. He felt that maybe PA-C was not bad if there was nothing better to require. Commissioner.Bennett stated they were talking about 10,000 to ,000 acres of land east of Chico in the foothills. Whatever is decided the first project will be the precedent for the others. He urged that e explore all the possibilities and be sure it is in the county's best interest, Page 117. .~anuary 19., 1982 8 2- b ~~*~ January 19, 1382 - - Commissioner Wheeler stated that .there was a problem in Butte Creek Canyon when they relied-on the PA-C to handle the open space situation. He would rather deny a project than to send another .up to the Board like the butte Creek East project. If they have not explored every option, then he would only be able to vote for denial of such a project. Commissioner Schrader stated he had also looked into agricultural segregation as a possible answer to-this problem. It always comes back to rezoning regardless of what is done. Chairman Wheeler was concerned with the land trust issue. This is talking `about land values. This gives a non-profit corporation too much control. Supervisor Dolan stated a PA-C zone is applied to a specific project that has a specific plan. Maybe the county is trying to define the PA-C like other zones. There is a difference between the Doe Pfill Ridge area and the Butte Creek Canyon area. One was inhabited and the other is not. Commissioner Lambert felt that maybe th.e county had learned by the Butte Creek Canyone PA-C and that they should either a-provel or deny on the merits of each project that is being considered. If there are any changes they would have to come back to the commission and Board. Commissioner Wheeler felt maybe there should be a time limit on the easements similar to the Williamson Act agreements. Supervisor Dolan stated that she knew that under current state law the county cannot condition a project with the open space easement requirement and that if the developer volunteers the easement it can be accepted. She was ameniable to accepting the easements. She may or may not like the individual projects. Commissioner Wheeler felt they were looking for policy direction. Perhaps the best way might be to ask the developers. Supervisor Dolan felt that after everyone had looked at the regulations, there is no way to require this under state law and the only alternative is to change state law or proceed with what there is. The commission was instructed the Board felt they should proceed with state law and deal with these projects as they come up. If the developer wants to offer an easement, the Board would consider it.Staff is to check with OPR as to whether there are any answers on this matter. Discussion of county service areas Commissioner Schrader stated he had raised some questions during the hearing and had a proposal to make. The Board directed the Planning Department to become involved with the Doe Mill Ridge area in August, 1981. There has been proposed an independent sewer system maintained by a homeowners association after the sewage plant is completed. He felt there could be problems with a homeowners association maintaining the sewer system. He asked that the Board begin proceedings on formation of a county service area instead of homeowners association. He felt this was the time to proceed on this. Clay Castlelierry, public works director, stated that a county service area could cover this service. The Board asked him to meet with the individuals bcated in CSA 21 to try and have a homeowners association formed. Page 118. January 19, 1982 a z- a --__--___-_- January=l4, 1982 ____________ _____ Mr. Siemsen ad~yi.sed the Board that to require a condition on the PA-C to form a CS,A was questionable as to whether that condition could be enforced. This is something they Kaye no control over. Commissioner Schrader stated .he Granted the Board's feelings as to whether they felt a service district would be required. He would not be in favor of a PA-C without the district. Dan Hays stated that one of the functions of the Sewage Study Committee is the formulating of language for individual sewage areas: Mr. Siemsen advised the Board that a CSA proposal would have to go to LAFCo. To condition the PA-C would be putting a condition on the project a developer cannot do. No action taken. Commissioner [dheeler stated he was concerned with the Planning Commission being asked to make decisions to do with airports. He was not concerned with having to make land use decisions relative to the airports. The code speaks of seven members on this commission. He did not feel that the Planning Commission as a layman had the expertise on airports to make decisions. He felt that gerhaps there should be a member of the committee for both Chico and Oroville on the Airport Land Use Commission. Airport Land Use Commission Chairman Wheeler stated she would like to take this matter under submission. Commissioner Schrader stated that under Government Code Section 21600 if the county goes to a seven member commission, there has to be two city, two county, two airports and is one from county in general. The matter was taken under submission at this time. Segre ation of homesites and a ricultural ursuits Commissioner Wheeler felt that perhaps the lower agricultural zones :than? come under segregation, primarily five acres, actually was a parcel split. He had concerns about this. He was wondering if there was some way to exclude the "A-5" zoning from this ordinance. Commissioner Lambert felt that the "A-5" ~vu1d be included. Any segregation should be remaining five acre parcels. Commissioner Bennett felt that the county should spend some time thinking about this. The "A-5" zoning is a real problem when there are many five acre ranchetts. There are underlying subdivisions in the "A-5" zones in Chico area. Commissioner Wheeler felt there was a definite need for "A-5" zoning for some types of agriculturay. Chairman Wheeler set out the lawsuit about the upzoning of property and the court found for the people who had the property already zoned. As soon as the information is in., Counsel will be submitting it to the Board. Variances Commissioner Lambert stated this was discussed earlier in the morning. Page 119. January 14, 1982 January 14, 1282 8 2- a Soils Ma s Steve Streeter spoke-relative to soils maps. The county is relying on the soils maps that were prepared in the early 1920s. There are vegetation maps prepared for a good. part of the county but there is nothing for the valley area. There is -300,000 to-325,000 acres not covered in the valley. If the county formed,a resource conservation district they would be eligible for funds for the soils map. Commissioner Wheeler stated that the Plauning Commission had looked at the figures and had information and had decided the project was too expensive and not to proceed. Supervisor Dolan advised that the Board had heard from a district relative to this same thing. Chairman Wheeler felt that agriculture was more involved. She felt .Supervisor Dolan had the right direction in contacting the community and educating them as to the district's functions. Additional matters Commission Bennett felt that in about five years there might naC be the need for a Planning Commission. This would save the taxpayers som- money and shorten the hearing process for people with projects. Commissioner Wheeler stated that there was a terrific waste of time for the commission and Board to set through the same hearings and hear the same testimony. Commissioner Schrader felt that after all the zoning is taken care of, the commission or county would have to start all over again. RECESS: The Board recessed at 4:32 p.m. to reconvene on Tuesday, January 20, 1982 at 10:00 a. m. Page 120.... January 19, 1982