HomeMy WebLinkAboutM022382February 23, 1982
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
82- The Board of Supervisors met at 9:00 a.m. pursuant to recess.
'V ', Present: Supervisors Dolan, Saraceni and Chairman Wheeler. Mike Pyeatt,
interim administrative officer; Del Siemsen, county counsel, by Jim Griffith,
',: deputy county counsel; and Clark A. Nelson, county clerk-recorder, by Nancy
Wilson, deputy clerk. Absent: Supervisor D4oseley
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Saraceni
'282 SUPERVISOR MOSELEY ABSENT
Chairman Wheeler indicated Supervisor Moseley would not be present
', today as she was ill.
28g ONTINUE TO MARCH 2, 1982 - APPROVAL OF ldINUTES OF FEBRUARY 3, 9 AND 10, 1982
PPROVE MINUTES
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
arried, the minutes of, February 2, 1982 were approved as mailed with the
ollowing corrections:
page 155, minute order 82-213, to reflect: Adopted Regolution 82-21A
etting a public hearing date of March 9, 1982 at 10:00 a.m. for consideration
f intention to rename a private road: Phanton Drive (Yankee Hill Road to end}
o Yankee Vista Drive.
page I59, minute order 82-224, to reflect: Supervisor Saraceni
ted it would be no .different than if there was an easement going through
property line.
Continued to March 2, 1982 approval of the minutes of February 3,
and 10, 1982.
284 DDITIONAL AGENDA ITEMS (BOARD MEMBERS) TO BE ADDRESSED AT THE END OF THE DAY
Supervisor Saraceni stated he would like to discuss supporting the
isabled and the Board to send a letter.
285 ONCUR iVITH CETAC ON CETA PLAN MODIFICATION
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
arried, concurred with CETAC on the modification of the CETA Plan for fiscal
ear 1982 which changes funding and some procedural aspects for the remainder
f this fiscal year; authorized the Chairman to sign the concurrence statement
nd authorized the Director to sign and forward the modification to the Depart-
ent of Labor.
286
'287
BUR WITH CETAC APPROVAL TO CETA STATE VOCATIONAL EDUCATION GRANT MODIFICATION
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
ried, concurred with CETAC approval to the modification for the CETA state
ational education grant funded through the Governor for the remainder of
s fiscal year; and authorized the Director to sign.
'.WITH CETAC ENDORSEMENT REGARDING CETA LEGISLATIOi;
It was moved by Supervisor Dolan, seconded by Supervisor Saraceni,
concur with CETAC endorsement regarding national policy continuation of
erally supported employment and training program and forward to National
ociation of Counties and federal legislators.
Supervisor Dolan stated there was a lot of discussian at the CETAC
ng regarding the legislation. If there were any changes in the legislation
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February 23, 1982
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_ February 23,_1982 _ _ _ _ _ _ _ _ _ _ _
there may be changes in endorsement.- The local administration would use 50
percent of the funds, that is extremely important place to start.
Vote on .motion:
AYES: Supervisors Dolan, Saraceni and Chairman Wheeler
ABSENT: Supervisor Moseley
Motion carried.
288
289
290
ADOPT RESOLUTION 82-29 - PERSONNEL - RATIFYING MEMORANDUM OF UNDERSTANDING
SECTION 13.5 PERSONNEL RULES
On motion of Supervisor Saraceni, seconded by Supervisor Dolan, and
carried, Resolution 82--29 ratifying the Memorandum of Understanding to
correct Section 13.03 with BCEA and Section 13.5 of the Personnel Rules
was adopted and the Chairman authorized to sign.
WITHDRAWN FROM AGENDA MEMORANAUM OF UNDERSTANDING WITH BCEA REGARDING
STATE DTSABILITY INSURANCE FOR COUNTY EMPLOYEES
The Memorandum of Understanding with BCEA regazding State Disability
Insurance for county employees was withdrawn from the agenda at this time.
FIRST READING OF SALARY ORDINANCE AMENDMENT
It was moved by Supervisor Dolan, seconded by Supervisor Wheeler,
the first .reading of a salary ordinance amendment providing flex-
ible staffing for several county positions and reclassification of other
positions be waived.
Chairman Wheeler indicated it would take four votes to waive the
first reading of the ordinance.
Supervisor Dolan suggested the ordinance be read. There are changes
that can be worked on. This would not delay the adoption.
Supervisor Saraceni questioned the reclassification of Appraiser
II to III. He felt the duties could be handled within the Appraiser II range.
Jim Rackerby, personnel director, stated the position requires a
specialist. The Appraiser II would be a journeyman position. This is for
timber appraisal work. There are legal requirements to be met. The
Assessment Standards Officer was eliminated last year, but the duties were
not. There is a need for the position. He is in agreement with the Assessor.
There will be a cost of $350 for the remainder of this fiscal year. There
is 30 percent difference in the two ranges. It would be a promotion from
within.
Supervisor Dolan stated it was a means to provide the Assessor's
office to reorganize with existing staff and at less money than hiring
additional staff.
Supervisor Saraceni stated he compared the Appraiser II and III
positions with other counties and Butte is at the top end. He was concerned
about the fiscal problems they are facing and trying to find an answer. He
felt the Appraiser II should be allowed to do some of the work.
Mr. Rackerby stated these types of classifications can be worked
out and some areas they discuss with the union. If he was looking at cost
containmen~•and whether or not they are equitable, a person that has a tough
job and more responsibility is a higher classification. It could be worked
out at a later date. His recommendation is if ::hey want to change these
policies and procedures, it should be the whole system not an isolated case.
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_ February 23, 1982
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The clerk read the ordinance into the record at this time.
Motion withdrawn as it is not required.
CONTINUE TO MARCH 2, 1982 - MERIT INCREASE FOR PLANNING DIRECTOR - MOTION
FAILS
Supervisor Saraceni stated he had a problem .with the merit increase
for the Planning Director. This issue was brought up two weeks ago. He
could not see making a move on any remaining increases right now.
Supervisor Dolan stated it is true they can only move to hold
increases on the management people.
Mike Pyeatt, interim administrative officer, stated he could
understand the Board's concerns. They do_..have that degree of latitude.
They will have to recognize the importance of the department heads who
continue to bring information forward to the Board. A merit increase would
show them a job well done, if they are performing it. They are singling
out the department heads over the other people. The Board must recognize
the value of the department heads when the merit increases come through.
He felt this was the last one that is not at the top of the department range.
The department heads did not get the increase that was granted other employees.
It was moved by Supervisor Dolan, seconded by Supervisor Wheeler
the merit increase from Range 32.5 step A to E for the Planning Director be
approved.
Supervisor Saraceni stated he would not go along with the motion.
He was not ready to go ahead. He felt there was other ways to finance this.
Finances are important to individuals. They have a situation where they do
not have the funds.
Supervisor Dolan stated she agreed they are low on funds. It is
recognized. The Planning Director is the only department head not at the
top of the range. He is correct there are different ways to provide incentives
and recognize their abilities. If they felt the increase was not warranted,
that would be another matter. This is not the case. Thep should look at
different ways and should be across the board.
Supervisor Saraceni felt they should put a stop to these if they
do not have the funds.
Vote on motion:
AYES: Supervisor Dolan and Chairman Wheeler
NOES: Supervisor Saraceni
ABSENT: Supervisor Moseley
Motion fails..
292,
293
Continued to March 2, 1982 the merit increase consideration for
the Planning Director.
APPROVE INCORPORATING THE STRIKE CONTINGENCY PLAN INTO COUNTY POLICY MANUAL
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
carried, the incorporation of the Strike Contingency Plan into the County
Policy Manual was approved.
PUBLIC HEARING DATE SET FOR MARCH I6, 1982 AT 11:15 A.M. FOR REVENUE SHARING
PROPOSED USE HEARING
A public hearing date was set for. March 16, 1982 at 11:15 a.m. for
Revenue Sharing proposed use h~az~ing.
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February 23, 1982
February 23, 1982
AUTHORIZE DISPLAY AT NATIONAL ORANGE-SHOW - PROSPECTOR'S DISPLAYS _ T
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
carried, a display on Butte County's behalf by Prospector's Displays at no
cost to the county was authorized; the agreement was approved and the
Chairman authorized to sign.
295
296
297
APPROVE BUTTE COUNTY ARTS COMMISSION AGREEMENT ADDENDUM N0. 2
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
carried, Addendum No. 2 for technical services to provide an expenditure
program for the Butte County Arts Commission was approved and the Chairman
authorized to sign.
ADOPT RESOLUTION 82-30 - ESTABLISHING CASH DIFFERENCE FUND AT GRIDLEY JUSTICE
COURT
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
carried, Resolution 82-30 establishing a cash difference fund pursuant to
Government Code Section 29370 et seq at the Gridley Justice Court was adopted
and the Chairman authorized to sign.
GOF}TINUE.,TO.MARCH 2,.1982 - CHANGE.ORDERS"FOR GRIDLEY AND CHICO LTBRARIES
It was moved by Supervisor Dolan, seconded by Supervisor Wheeler
that the following actions be approved:
1. Approve Change Order No. 2 a requirement by the Health Depart-
ment to change floor covering in the restrooms at an increased cost of $155
and two days contract extension time on the Gridley Library and Change Order
No. 3 changing. .requirements of the Sealed Insulating Glass Manufacturer's
Association at an increased cost of $680 and contract extension time of two
days; and authorize the appropriation from the construction contingency fund
and the Chairman authorized tc sign.
2. Approve Change Orders No. 5 and 6 for the Chico Library for
the extension of rain delays totalling 16 days at no increased costs be
approved and the Chairman authorized to sign.
Mike Pyeatt, interim administrative officer, stated the item
would require four votes and suggested the item be continued to next week.
298
Libraries.
Continued to March 2, 1982 Change orders for the Gridley and Chico
AUTHORIZE LEASE PURCHASE AGREEMENT FOR COPQPUTER TERMINALS AND RELATED
EQUIPMENT
Mike Pyeatt, interim administrative officer, set out the background
on the computer terminal lease purchase agreement. They have been renting
on a monthly basis at considerable cost since purchasing the 90/40. Mr.
Hazelwood and Univac have discussed the transfer of same equipment to .lease
purchase for the next 30 months. The system with the Auditor and Treasurer-
Tax Collector is with the same costs. After this period the county will
own the equipment. It would be increasing the number of terminals and
printers which they have a need for.
Supervisor Saraceni questioned if there could be a three payment
plan in paying by phases.
Mr. Pyeatt stated they could purchase it outright but in :;the long
run a lease could be used with the money available. In some departments it
might not be advantageais where there is 100 percent. discretionary revenues.
They feel this is the best alternative at the present time.
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
carried, the lease purchase ag~d'~eent for computer terminals and related
Page 222.
February 23, 1982
February 23, 198_2 _ _ _ _ _ _ _
2- eguipment~to serve the tax master system being developed for the Auditor and
Treasureyr!!-Tax Collector was authorized.
299 REPORT ON FEASIBILITX OF UTILIZING PURCHASE OPTION CREDITS FOR ACQUISITION
OF CADS 1900 DATA ENTRY SYSTEM - BUDGET TRANSFER TO BE PREPARED AND BROUGHT
BACK
A report on the feasibility of utilizing purchase option credits
for acquisition of CADS 1900 data entry system held a this time.
Mike Pyeatt, interim administrative officer, stated they had
sent the members a two page mew which listed the equipment. The reason he
indicated Phase II is that they have about two years or longer on the
lease. It would be advantageous to acquire these pieces. The balance of
the items would have approximately five years with the purchase option.
It is an issue of purchase outright vs. continuing the lease for 29 months.
They have 40 months on the 90/40 agreement. If they continue with the 90/40
they will still have need for the CARE equipment. They can save money and
there are funds available.
Bill Hazelwood, data processing, stated they have just purchased
the basic system with the five terminals and they can connect twenty
terminals on this. The load on the CADS will decline. They will not have
everything online in the next 42 months. There are terminals in the Assessor
and Clerk-Recorder offices. Also in Glen County and Superintendent of
Schools. In purchasing the basic terminal as the load declines they will
drop off some of them. With the savings they realized this year there can
be more savings.
Supervisor Saraceni stated he was concerned about price. Is there
a way to make this a purchase agreement and pay like-they are on a monthly
type basis.
Mr. Hazelwood stated long time under lease is a higher purchase
price. They have had the equipment four years. The lease will expire next
November and they will have spent $8,000 for rent. It will not get lower.
There is some residual value. if you should sell to someone that is online.
Mr. Pyeatt stated they could work with the Auditor and have a
budget transfer prepared for next week.
Supervisor Saraceni stated there is a savings. They will pay more
for leasing. He was concerned about the impact on this year. He questioned
if they could extend it for perhaps two years.
Mr. Pyeatt stated they are at the end of the fifth year in November.
Next fiscal year they will not have the $36,000 available. This is the reason
for approaching the subject now.
Chairman Wheeler indicated the only reason there was a savings was
because of the incentive of staff. They were looking for cost savings.
Continued to Maxch 2, 1982 to allow staff to prepare a budget
transfer for approval.
300 DISCUSSION REGARDING DATA PROCESSING COORDINATOR TO BE BROUGHT BACK
Discussion and policy direction regarding a report and job descript-
ion concerning implementation of a Data Processing Coordinator. position was
held at this time.
Mike Pyeatt, interim administrative officer, stated a memo had.
been sent to Board members. There was a recommendation as a result of the
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February 23, 1982
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Grand Jury report. What was-brought to the Board was a copy of the description
for the position and background information which Mr. Rackerby has developed.
He felt the County was not in a position financially to create a new position.
There is work to be accomplished, but to make work to fill up a 100 percent
time job. If the Board is inclined to follow up, they could hire someone
with Data Processing time to utilize the budget within the existing budget
without additional funds.
Supervisor Dolan questioned if the Data Processing Executive
Committee had looked at the proposal.
Chairman Wheeler stated that was not the direction of the Board
to go through that process as it is a policy of the Board.
Mr. Pyeatt stated they have taken information from the Grand Jury
report, ' Gillinger report and comments from the Executive Committee.
He has talked with various individuals as has Mr. Rackerby.
Chairman ~Jheeler stated she did not feel it was necessary to hire
an individual into a full time position. She felt staff•can handle it and
any work that is generated to deal with those type of lists that could be
generated. County Administrative Officer and County Counsel are directly
responsible to over see the administration of the contract. She feels they
need another Administration staff analyst<'within the Board staff. If an
individual could be hired as an Administrative Analyst who would be directly
responsible to the CAO f oraddressing the contract. To duplicate the position
would not be equitable, feasible or necessary. She felt that would be creating
another bureaucratic position. .,
Supervisor Saraceni stated he would not be prepared to go on with
this. He questioned if there is a need and could they financially support
this. He did not feel they could.
Supervisor Dolan stated she was very interested in the background
report that Personnel summarized. She did not feel the position was primarily
for new purchases and new equipment. They are all Say people in computer
field. She struggles with the technical material that is presented.
Chairman [^Weeler felt they are moving more and more away from the
consultant type into different departments. Administration of the contract
is through the CAO and County Counsel. County Counsel does have knowledge and
background in computers. They as lay people do learn the "buzz" words. SCT
has shown through there performance they are doing a fine job. They have
reports on a monthly basis.
Mr. Pyeatt felt monitoring the contract was a separate issue. You
have to depend on the technical experts you hire to operate the programs.
Fire protection is an issue. They have not hired an expert.
Supervisor Dolan felt the position was important and necessary
whether it was a full time work load or not. She would rather not drop this
issue. There are more questions she would like answered.
Continued to a later date was the consideration of a Data Processing
Coordinator.
RECESS: 9:58 a.m.
RECONVENE: 10:10 a.m.
3'01
CONTINUE TO MARCH 2, 1982 - PUBLIC HEARINGS: BUDGET TRANSFERS FOR GRIDLEY
JUSTICE COURT, CHICO MUNTCIPAL COURT, PUBLIC WORKS - GENERAL SERVICES AND
PUBLIC WORKS - ROAD AND BRIDGE CONSTRUCTION
The following public hearings were held as were advertised:
Page 224.
February 23, 1982
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- - _ _ _ _ _ _ _Februar~ 23 ~ 1982 = _ _ _ _ _ _ _ _ _- -_ _ _ _ - _ _
1. B-150 - Gridley Justice Court. Transfers $4,000 from the reserve
appropriation for contingencies to professional and specialized services to
cover expenses of private attorney services.
2. B-151 - Chico Municipal Court. Transfers $31,500 from the
appropriation for contingencies to professional and specialized services
Chico Municipal Court for the purpose of covering expenditures of $14,000
for court reporter transcripts, $7,500 for processing of CSUC parking
violations and $10,000 for visiting judges and court appointed attorneys.
3. B-144 - Public Works - General Services. Transfers $2,000
from the reserve, with $500 going to office expense (duplication ISF), and
$1,500 to office expense (stores ISF), in order to provide an additional
appropriation to cover unanticipated expenses and house numbering and road
name changes activities.
4. B-145 - Public Works - Road and Bridge Construction. Increases
the appropriation for the Park Avenue and Fair Street traffic signal project
in the amount of _$1,575. Unanticipated revenue is from federal FAU funds,
$1,355 and state local assistance 169.1 funds ($220). Unanticipated revenue
was paid by Caltrans for our invoice totalling $1,571.43.
Mike Pyeatt, interim administrative officer, stated there were not
the. four votes necessary to approve the budget transfers. He suggested the
hearings be continued to next week.
Hearing open to the public. Appearing: No one.
Continued to March 2, 1982 at 10:00 a.m. the budget hearings.
302
PUBLIC HEARING: TINKER J. WILSON PETITION FOR VARIANCE TO SECTIONS 19-10
AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON
AP 27-24-43, 7795 CITRUS AVENUE, OROVILLE AREA, ZONING: "A-5"
The public hearing on Tinker J. .Wilson petition for variance to
Sections 19-10 and/or 19-12 of the Butte County Code for placement of a
mobile home on AP 27-24-43, 7795 Citrus Avenue, Oroville area, zoning: "A-5"
was held as advertised.
Lynn Vanhart, environmental health director, stated everything
was in order.
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 petition for variance to Sections 19-10 and/or 19-12 of the
Butte County Code for placement of a mobile home on AP 27-24-43, 7795 Citrus
Avenue, Oroville area, zoning: "A-5" for Tinker J. Wilson was approved.
303 I PUBLIC HEARING: RICHARD HIGBY PETITION FOR VARIANCE TO,SECTIONS 19-10
AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON
AP 93-20-25,_1140 COLUL~IBUS AVENUE, CHICO AREA, ZONING: "A-1"
The public hearing on Richard Higby petition for variance to
Sections 19-10 and/or 19-12 of the Butte County Code for placement of a
mobile home on AP 43-20-25, 1140 Columbus. Avenue, Chico area, zoning: "A-1"
was held as advertised.
Lynn Vanhart, environmental health director, stated the petition
was in order.
Page 225.
Februazy 23, 1982
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February 23, 1982
Hearing open to the public. Appearing: No one.
i
Hearing closed to the public and confined to the Board.
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
carried, the petition for variance to Sections 19-10 and/or 19-12 of the Butte
County Code~for placement of a mobile home on AP 43-20-25, 1140 Columbus Avenue,
Chico area, zoning: "A-1" for Richard Higby was approved.'.
304 ADOPT RESOLUTION 82-31 - PUBLIC HEARING: INTENTION TO RENAME ROADS IN BUTTE
COUNTY
The public hearing on the notice of intention to rename roads in
Butte County was held as advertised.
Clay Castleberry, public works director, stated this was held over.
They are changing the name from Phantom Drive to Yankee Vista. There is a
petition from the people.
Hearing open to the public. Appearing: No one.
Hearing closed tc the public and confined to the Soard.
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
carried, Resolution 82-31 renaming roads in Butte County as follows was adopted
and the Chairman authorized to sign:
Existing Name Termini Proposed Name
Phantom Drive Yankee Hill Road to end Yankee Vista Drive
305 PUBLIC HEARING: WILLIAM FITZGERALD APPEAL OF CONDITION 1 (FILE A PARCEL MAP
ON THE SUBJECT PROPERTY) ON AN APPLICATION FOR DETERtAINATION, AP 63-08-11 AND
AP 63-11-13, ONE PARCEL, PROPERTY LOCATED OFF OF FOREST CTRCLE (240 FEET),
FOREST RANCH AREA
The public hearing on the 41i11iam Fitzgerald appeal of Condition 1
(file a parcel map on the subject property) on an application for determination,
AP 63-08-11 and AP 63-11--13, one parcel, property located off of Forest Circle
(240 feet), Forest Ranch area was held as advertised.
Clay Castleberry, public works director, stated he would defer to
County Counsel for clarification.
Del Siemsen, county counsel, stated it was his understanding on this
application the applicant came in for review of a parcel. He has one parcel
of land. It appears the Assessor for purposes of assessing put two parcel
numbers on the applicant's property. The applicant thought he had two parcels.
His request was for a certificate of compliance as two parcels. The review
committee granted a conditional certificate of compliance which was filed
with the parcel map. P7ith there only being one legal parcel, they did not
have the authority to grant this. At this point they can do nothing except
to file for a parcel map. and process this way. He suggested they open the
hearing and allow anyone to comment. At the~earing the applicant should have
been told they could not grant a certificate of compliance.
Supervisor Dolan stated a grant deed is another one that is granted.
This is the information she received.
Hearing open to the public. Appearing:
1. Jim Crane, stated the original application was. for a certificate
t the land. to the existing parcel was conveyable title. That was what they
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February'23, 1982
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wanted solved. The county wanted a parcel map and it has been that way. It
was not the intent of the owner to create a parcel there.
Mr. Siemsen stated if the applicant only wanted one parcel, they
do not need a certificate of compliance. If they wish to sell one, it would
be a division of land.
Hearing closed to the public and confined to the Board.
There was no action taken.
306
CONTINUE TO MARCH 2r 1982 AT 10:00 A.M. - PUBLIC HEARING: SAMUEL O'LEAR
APPEAL OF CONDITION #5 (PROVIDE A PERMANENT SOLUTION FOR DRAINAGE - PAY
MUD CREEK DRAINAGE FEE) ON A TENTATIVE PARCEL MAP, AP 47-52-14, FOUR PARCELS,
PROPERTY LOCATED ON THE WEST SIDE OF LANDMARK DRIVE AND HICKS LANE INTER-
SECTION, NORTH CHICO AREA
The public hearing on the Samuel O'Lear appeal of Condition No. 5
(provide permanent solution for drainage - pay Mud Creek drainage fee) on a
tentative parcel map, AP 47-52-14, four parcels, property located on the
west side of Landmark Drive and Hicks Lane intersection,. north Chico area
was held as advertised.
Clay Castleberry, public works director, stated the drainage plan
has not been adopted yet, it has just been delivered. He and County Counsel
agree there is no way they pay a drainage fee. He can provide a permanent
solution to drainage. It is not economically feasible. He hoped they would
not excuse him from the condition, but to be consistent they. should.
Hearing open to the public. Appearing:
1. Samuel O'Lear, applicant, stated it was to divide 9.29 acres
on the west side of Hicks Lane. It is approximately one-fourth mile from
Keefer Road. His neighbors did not pay the fees for the same type of
project. They were granted relief and he would like the same type relief.
Culverts have been installed from Hicks Lane.
Hearing closed to the public and confined to the Board.
There was a motion by Supervisor Wheeler, seconded by Supervisor
Saraceni, the.Samuel O'Lear appeal of Condition #5 (provide a permanent
solution for drainage - pay Mud Creek Drainage fee) on tentative parcel map,
AP 47-52-14, four parcels, property located. on the west side of Landmark Drive
and Hicks Lane intersection, north Chico area be upheld; it is designated Ln
the Land Use Element as agriculture; and the safety element is in an unclass-
ified area and there are no specifics.
Chairman Wheeler stated until such. time as there is an adopted
drainage plan, they do not have the ability to enforce a drainage fee.
Supervisor Dolan stated she talked with the applicant and his
representative and she felt there was some way this could be done. Some
people feel they take care of their drainage and their own problem. They
are creating more and more parcels in that area and it is going to be a
problem. She felt they should keep the condition. They are all contributing
to the overall problem. People in the future will be coming back to Say
they have drainage problems and what should the county do.
Vote on motion:
AYES: Supervisor Saraceni and Chairman Wheeler
NOES: Supervisor Dolan
ABSENT: Supervisor-k~lSeley
Motion failed.
Page 227.
February 23, 1982
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_ _ _ _ _ _ _ February _23, _19_82 _ _ _
Hearing was continued to March 2, 1982 at 10:00 a.m.
PUBLIC HEARING: WILLIAM STARR APPEAL OF THE ADVISORY AGENCY'S CONDITTONS
1 AND 11 ON A TENTATIVE PARCEL MAP, AP 39-39-72, TWO PARCELS, PROPERTY
LOCATED ON SERENITY WAY, APPROXIMATELY 190 FEET SOUTH OF STANLEY AVENUE,
CHTCO AREA
The public hearing on William Starr appeal of the Advisory Agency's
Conditons 1 and 11 on a tentative parcel map, AP 39-39-72, two parcels,
property located on Serenity Way, approximately 190 feet south of Stanley
Avenue, Chico area was held as advertised.
Clay Castleberry, public works director, had posted the map on
the board for review. It is a redivi3ion-of a single parcel across Edgar
Slough. It is a certain limit to hold a one ton fire truck which is for
further division of the parcel created. It is two way access of parcel,
it is being divided into two. It is a fire safety requirement.
Supervisor Dolan stated the parcel is south of the creek. It is
there whether it is granted. There is one house on parcel 1. It is more
than 150 feet from the edge of Edgar Slough. ,
Hearing open to the public. Appearing:
1. Myles Pustejovsky, McCain and Associates, stated the appeal
was a result of a parcel map approved that will create two parcels south
of Edgar Slough, one being the Starr's. On the other will be the relocation
of their handicapped son. The existing bridge access on Edgar Slough is
capable of handling a 20 ton fire truck. The bridge has wood railings on
both sides with good site distance. There is an existing gas line along
one side of the bridge and an existing well located within 9 feet of the
other side. It would be an undue hardship to enlarge the existing bridge
or to reconstruct the existing road for one additional parcel.
Mr. Castleberry stated he would like a copy of that analysis.
If they had only one additional parcel, they could live with it. He would
like a certification from Mr. Pustejovsky indicating the bridge will hold
a 20 ton fire truck.
Bill Teie, fire warden, stated if the bridge was one way that
would hold a 20 ton fire truck that was fine.
Supervisor Dolan stated they were also appealing the pavement.
Mr. Pustejovsky indicated the condition was to bring the road
to a 20 foot wide traversable standard. There is an existing 16 foot road.
He could work with Public 4VOrks on the traversable road.
Hearing closed to the public and confined to the Board.
Chairman Wheeler stated the engineer could work with Public Works.
The matter was referred to Public Works and engineer to provide verification
of a 20 ton bridge and work as necessary for the road work.
Del Siemsen, county counsel, indicated the Board should indicate
the change of condition. it calls for the other aspect so they will want
to change the condition on the particular parcel.
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
carried, the appeal of William Starr on Conditions No. 1 and No. 11 on a
tentative parcel map, AP 39-39-72, two parcels, property located on Serenity
Way, approximately 190 feet south of Stanley Avenue, Chico area was deleted
Page 228.
February 23, 1982
February 23, 1982
8
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~~
and to allow it was intended to be a bridge that would have one way access ',for
a 20 ton fire truck, access goes along with that as you do not need to have a
two way access to a one way bridge was approved. ',
APPROVE PROPOSAL FOR HOME PURCHASE ASSISTANCE PROGRAM PROPOSAL REGARDING
HOUSING AND COMMUNITY. DEVELOPMENT - CONNERLY AND ASSOCIATES
Pat Osborn; Connerly and Associates, brought an update to the Board
on the process in implementing the Home Purchase Assistance Program at this
time. She set out the criteria for purchasing a home. The proposals do go
to the~Lending Committee for approval. Some of the purchases are occupied,
owned by the County and being improved by CHIP and to reconstruct. There are
approximately 10 units. There were 33 homeowners applying. There were
requests for two and three bedroom homes. The selection criteria was first
they live within the project area, in substandard homes or paying too much'
rent and overcrowded. They must be within Butte County. The incomes must'
be below Section 8 limits. For a family of two it is $13,850 and a family'.
of four $17,300. They must verify income or employment. Most of the requests
came for families with two sources of income or public assistance. That
was most of the 90 percent that applied. The units cost between $250 and ',
$300 per month including utilities. They must establish•a minimum income
of $550 to $800 per month. They check their history to pay off debts. Most
low income people have low credit history. There is some risk involved as'
this type of people have never made such high purchases.
Supervisor Saraceni stated he felt it would be a good program. ',
He questioned the down payment area.
Ms. Osborn stated they have discussed this, but not come up with',
a proposal. The one percent down payment would be approximately $400 to ',
$700 which is substantial for them. This is a gross amount, but if they
are on public assistance it is the-net amount. She hoped they would agree'
they did not tteed to have a perfect credit repor.t..They are screening in that
area.
It was moved by Supervisor Saraceni, seconded by Supervisor Wheeler,
to authorize Connerly and Associates to proceed with the proposal for Home'
Purchase Assistance Program as presented.
Supervisor Dolan questioned if the Loan Committe would be bringing
these back to the Board. She felt they could proceed with the criteria which
was presented.
cos. Osborn stated it is the first time they have discussed with the
Board the issue of loans to individuals on public assistance.
Vote on motion:
AYES: Supervisors Dolan, Saraceni and Chairman wheeler
ABSENT: Supervisor P4oseley
Motion carried.
309
ADOPT ORDINANCE 2267 -- PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION,
UPPER PARADISE RIDGE, LIME SADDLE AREA - REZONE {ITEM ON WHICH AN ENVIRON-'
MENTAL IMPACT REPORT HAS PREVIOUSLY SEEN PREVIOUSLY BEEN CERTIFIED) FROM ',
"A-2" (GENERAL), "A-2 LTD.," "AR-MH-3" (AGRICULTURAL RESIDENTIAL MOBILE
HOME 3 ACRE PARCELS), "FR-40" (FOOTHILL RECREATIONAL -40 ACRE PARCELS), ',
"R-1" (SINGLE FAMILY RESIDENTIAL), "S-H" (SCENIC HIGHWAY} AND °TA1-20" ',
(TIMBER MOUNTAIN -20 ACRE PARCELS} TO ZONING CONSISTENT WITH THE GENERAL ',
PLAN FOR THOSE SITES AND INCLUDING "A-5 THROUGH 160," "A-R", "AR-MH", ',
"AR-MH-1", "AR-MH-3", !'A-SR", "C-F^, "C-1", "C-2", "C-C", "FR-2 THROUGH
Page 229.
February 23, 1982
B 2-
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_ _February 23, 1982 _ _ _
1
FR^160",-"H-C"~ nMHP°r-uM-R"~ °N-C", °R-1°, °R- A & C°, °RT-1", "RT-lA", "R-2",
uR-3", nR-4°, °R-G1°~ "R-MHa, nS-H°, °$--$°, "$R-.5°~ °SR-1°, °$R-5° AND °TM-1
THROUGH 160"
The public hearing on the Butte County Planning Commission. Upper
Paradise Ridge, Lime Saddle area - rezone (item on which an environmental
impact report has previously been certified) from "A-2" (general), "A-2 Ltd.,"
"AR-MH-3" (agricultural residential mobile home 3 acre parcels), "FR-40"
(Foothill .recreational - 40 acre parcels),."R-1" (single family residential),
"S-H" (scenic highway) and "TM-20" (timber mountain - 20 acre parcels) to
zoning consistent with the General Plan for those sites and including "A-5
through 160°, "A-R°, "AR-MH, "AR-Mfi-1", "AR-MH-3nr "A-SR"~ "C-F°, nC-1°,
"C-2", "C-C", "FR-2 through FR-I60", "H-C", "MHP", "M-R", "N-C", "R-1",
„R-lA & C", nRT-1", nRT-ZA", "R-2", "R-3n, °R-4°, °R-C°, °R-MH°, °S-H".
"S-R", "SR-.5", "SR-1, "SR-5" and "TP4-1 through 160" was held as advertised.
Bettye Blair, planning director, stated Planner Dave Hironimus
had placed the large exhibits on the wall and would briefly explain the
areas. The Board received all Planning information, minutes, staff findings
and corresponsence regarding the hearing. ,
Dave Hironimus, planner, set out the areas on the exhibits. Area
I was south of DeSabla reservoir, PG&E and Bureau of Land Management land
which is zoned '=TM-1". The Planning Commission changed for an existing store
to the "C-1" zone. The "AR-MH" is an extension of "AR-PIII-1" zone to the
south. There was concerns during the hearings of development in the area
of 40 acres so they left in the "AR-iKf?-3". -Area II is south of Paradise Lake.
The "P-Q" zone was. left to enable people to develop residential homesites.
This is a 2 to 2 1/2 acre parcel. Area III allowed for the "TM-5"'but was
not described as such in the ordinance. Area IV at the request of Bureau of
Land Management went to "TM-1'•'.' Area V was "A-2 Ltd" on the Skyway. Develop-
ment was going to commercial. There were concerns of traffic safety. Area
VT is Nimshew Ridge. This is an area of steep slopes. They went to "FR-40"
but recognize the property to the west. Area VII west and south of Paradise
Pines County Club Estates had steep slopes and was zoned "FR-5".
Chairman Wheeler indicated that area had asked to be withdrawn.
ASr. Hironimus indicated there will be specific zoning. They kept
the "FR-40" but have a "TA?-2" in that area. In Area VIII is the Magalia
area which cannot be developed. There is commercial in front, but there is
a bluff above the level. of the road. Area VIX is east of Magalia area with
a steep slope and flat shelf along Paradise and bounds off into the canyon
which is existing "R-1" zone and conformed it to "SR-1" zone. Area X is
Lime Saddle with the "R-1" zone. There is steep slope with one acre zoning
in the area. The Harris impact report .indicates. larger parcels for leach
fields and wild life habitat. Quail Trails is for highway commercial to
allow for expansion plans. Area XI was deleted as there are endangered
species found in the area. It was to come back for a "R-C" zone. The "A-2"
allows for preservation of the habitat.
Ms. Blair stated they were referring to plant species not animal.
Hearing open to the public. Appearing:
1. W. J. Matson, Whittaw Drive, Magalia, spoke for the Upper Ridge
Coordinating Council. He wanted to congratulate the Planning Department for
the way this project was handled.. There was a meeting in the Pines to allow
for clarification. They did a good job and they recommend the Board's
approval as presented.
2. Charles Skull, Jackson Pine Way,. Magalia, president of Del Oro
Page 230,
February 23, 1982
8'.
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February 23, 1982
Homeowners Association which is in the Upper Ridge. They concur with the ;
previous speaker. The work done was a beautiful job. They are very pleased
as they listened and went about their work. They appreciated ver~much their
activities.
3. Donivan L. Laaahan, Magalia, owns the property adjacent to
DeSabla Market. It is presently"TM-1" and would allow a use permit for
a duplex.
Ms. Blair stated the "TM" zone allows for considerable greater
than one residence per parcel through a use permit.
Mr. Lanahan questioned if this zone would allow industrial. He
recently purchased property adjacent to his with the idea of building duplexes.
Ms. Blair indicated if it was industrial it would go in the General
Plen. The plans were adopted for agriculture residential. Industrial would
not presently conform to .the General Plan. The multi-family could be considered
through the use permit.
Hearing closed to the public and confined to the Board.
310 I
311 I
On motion of Supervisor Dolan, seconded by Supervisor Saraceni
and carried, finding that the requirements of CEQA have been met and that
the Environmental Impact report for the Paradise Upper Ridge has previously
been certified as part of the General Plan Amendment; finding that the project
conforms to the policies of the Butte County General Plan; Ordinance 2267
per Exhibits l through 11 as set out in Planning Department memo of January
27, 1982 rezoning the Upper Paradise Ridge, Lime. Saddle area be rezoned from
"A-2" (general), "A-2 Ltd.':, "AR-MH-3". "FR-40", "R-1", "S-H" and "TM-20" to
zoning consistent with the General Plan for those sites and including "A-5
through 160", "A-R", "AR-MH', "AR-MH 1", nAR-MH-3", "A-SR", "C-F", "C-1",
°C'-2", °C-C", "FR-2 through °FR-160, °H-C', "MHP°, °M-R°, °N-C°, °R-1°r
"R-lA & C", "RT-1°, °RT-lA°, °R-2°, °R-3°, °R-4", nR-C', "R-MHn, nS-Hn, nS-R".
"SR-.5", "SR-1". "SR-5" and "TM--1 through 160" was adopted and the Chairman
authorized to sign.
Ted Klemm, drug and alcohol board, spoke regarding an initiative
on;,-£ees for drug and alcohol users. There are inequities in the funding of
the drug and alcohol programs. If a person drinks they should be the payers
not the taxpayers. It has been .stopped in the Revenue and Taxation Committee
many times. The local Alcohol. Advisory Board has gone on record supporting
the state wide referendum.
ON RECORD APPROVING PLEASE INITIATIVE
Melvin Sergent, Butte County Alcohol Advisory Board, stated they
have gotten tougher on the drunk driver laws. When they increase the work
load they do not increase the. money. This is a user type initiative. The
tax on one gallon of wine is one cent for excise. In other states it ranges
from 50 cents to $1.75 excise tax. He urged the Board's support.
Mr. Klemm indicated the liquor industry has stated they will use
$5 million to fight the initiative. The tax would pay for the costs of
professional-and services to those with alcohol problems.
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
carried, the Board went on record in favor of the PLEASE initiate.
APPEARANCES: SYLVIA COOKE BENNETT
Sylvia Cooke Bennett spoke regarding the policies at the Memorial
Ha11._ She represented the American Legion Auxiliary. They would like to be
rage 231.
February 23, 1982
S
3
312
313
314
315
316
317
318
February 23, 1982
allowed to meet the same day as the veterans, only at a different hour and
room. -
Clay Castleberry, public works director, stated this should be
encouraged. The county has no rules where they cannot meet on the same day.
He would look into the matter.
APPEARANCES: CHARLES SKULL
Charles Skull, Magalia, Disaster Committee. He stated the committee
has been formed and they have held meetings to work on the problem. He told
Supervisor Lemke he would occasionally report on the progress of the committee.
APPEARANCES:, .:MARTHA DUNSMURE
Martha Dunsmure, Transmed Incorporated, stated she sent a letter
February 12th indicating she would be present. They transport medically ill
patients. They were asked to present a budget. They have had the help of
the county.- They are small but they transport 68 patients. They help welfare
with child protective transportation.
Clap Castleberry, public works director, stated he is familiar with
the service and they do a tremendous job_ They have discussed using SB 325
money for their services. He felt they should be encouraged to continue
their services.
APPEARANCES: APRIL ABBOTT
April Abbott was present to discuss the road name change on Almond
Avenue.
Clay Castleberry, public works director, stated he made a mistake
this morning and suggested they hold this item one week.
APPEARANCES: HOWARD CLARK
Howard Clark, Golden Feather Association, presented plaques and
read the commendations for Al Wakefield and Clay Castleberry of Public Works
Department for their help with the roads in the Concow area. The association
appreciated the cooperation and efforts in the area.
APPEARANCES: STEVE MILLER - REPORT BACK FROM ENVIRONMENTAL HEALTH DIRECTOR
Steve Miller stated he was the owner of a mobile home park. They
received a notice from the Health Department for an annual inspection fee.
He did not feel the fee was justified or fair. He takes care of the water
samples and pays $204 annually.
Chairman Wheeler suggested they work with the Environmental Health
Director and come. back with a.report.
APPEARANCES:., FRANK MUSKREY
Frank N,uskrey stated was a mobile home park owner and agreed with
Mr. Miller. He would like clarification of the fees. Was the county going
to hire additional employees to handle the fee inspection. They have been
told the state mandates this. They have taken the issue to the Western Mobile
Home Association. He drives. 60 miles round trip to have his water samples
tested. Every three years there would be an extra $300 charge.
PUBLIC HEARING: NANCY HOSLER AND MICHAEL NUGENT, EXECUTORS OF VERA STOLP NUGENT
HOLLENBERG, APPEAL ADVISORY AGENCY'S DENIAL OF APPLICATION FOR WAIVER OF
SEWAGE DISPOSAL REQUIREMENTS ON AP 38-22-07 AND AP 38-12-06,_NELSON AREA
The public hearing on the Nancy Hosler and Michael Nugent, executors
of Vera Stolp Nugent Hollenberg, appeal Advisory Agency's denial of application
for waiver of sewage disposal requirements on AP 38-22-7 and AP 38-12-06, Nelson
area was held as advertised.
Page 232.
February 23, 1982
8
3
February 23, 1982
Lynn vanhart, environmental health director, stated both of-these
were parcel maps and they are creating larger parcels. Both flaps-are in rice
and it is prime rice soil. Because of the requirements of the subdivision
ordinance hss staff could not recommend approval as they do not meet the
requirements of Health Department for soil depths based on current observations.
It is unlikely a soil percolation could be passed. He would still recommend
denial of the parcel maps.
Hearing open to the public. Appearing:
1. Grayson Price, attorney, set out the background on the family
holdings The property is between Nelson and Cherokee strip. The parcels
are part of an estate. They must be divided in order to pay inheritance taxes.
A daughter and son are wishing to sell portions. One parcel is approximately
400 acres and the other 80 acres. They are being. sold to Salt Land Company.
The county ordinance does not allow for exceptions such as this rice land.
It was turned down because they must follow the ordinance. They must have a
decision by next month in order to obtain a Land Bank loan to pay off the
death taxes.
2. Fred Stolp stated they have been farming rice for a long time.
Their intent is to leave the land in rice. There is no other use for the land.
Supervisor Dolan stated staff and the applicant agree on the end
result that the land is only good for agriculture. The ordinance reads if
land is divided it must pass the percolation text and allow septic tank.
Mr. Vanhart stated they need some type of ordinance change that
would allow for the agriculture use. He suggested they uphold the appeal
and the parcel be conditioned so no development can be done. It could be
recorded on a separate document for each lot. It would seta precident and
guidelines~hould be established.
Mr. Grayson Price indicated they asked for a waiver because they
do not plan to file a map. They have until March 12th to meet the Land Bank
commitment. He had not objections to a description stating the ordinance
prevents the development of residents. He would rather they waive this until
they could develop some type of ordinance that would allow for such an exception.
Hearing closed to the public and confined to the Board.
Chairman Wheeler stated she had no objections to waiving the
sewage disposal requirements and allowing the ordinance to be readdressed.
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, to grant an exception to the sewage disposal requirement of the
subdivision ordiance, in as much as the division of property is for agricult-
ural pruposes, the cultivation of food and fiber; further finding that having
reviewed the environmental checklist and find that this division of land will
not have a significant affect on the environment and move to grant a negative
declaration on the Environmental Impact; the tentative parcel map for Nancy
Hosler, creating two parcels on AP 38-22-07, creating four parcels on
AP 38-12-06, finding the project in conformance with the county General Plan
and specific zoning that AP 38-22-07 be subject to the. following conditions:
1. Deed to the County of Butte 30 ft. right-of-way from the centerline of
Nelson Shippee Road.
2. Show all easements of record on the final map.
3. Pay o£f any assessments.
Page 233.
February 23, 1982
B 2-
319
February 23, 1982
4. Obtain encroachment permit for all driveways, new or existing, and construct
to county standards.
5. Pay any deliquent taxes.
AP 38-12-OS be subject to the following conditions:
1. Deed to the County of Sutte 30 ft. right-of-way from the centerline of
Aguas Frias Road.
2. Indicate a 50 ft. building setback from the centerline of Aguas Frias Road.
3. Show all easements of record on the final map.
4. Pay off any assessments.
5. Obtain encroachment permit for all driveways, new or existing, and con-
struct to county standards.
6. Pay any delinquens:.taxes.
CONTINUE TO MARCH 2, 1982 - PUBLIC HEARING: DON PRIDE LATE APPEAL OF CON-
DITION N0. 7 (PERMANENT SDLUTTON FOR DRAINAGE) ON A TENTATIVE PARCEL MAP,
~1P 47-34-11 AND 12, THREE PARCELS, PROPERTY LOCATED ON THE NORTH SIRE OF
KEEPER ROAD,. WEST OF HICKS LANE, NORTH CHICO AREA
The public hearing on Don Pride late appeal of Condition No. 7
(permanent solution for drainage) on a tentative parcel map, AP 47-34-11
snd 12, three parcels, property located on the north side of Keefer Road,
Nest of HicKs Lane, north Chico area was held as advertised.
Clay Castleberry, public works director, stated the request was
aced January 6, 1982 and asks for the waiver of the drainage problem. The
roject was approved about six months prior to that. Circumstances are
imilar to those before them earlier.
Hearing open to the public. Appearing: No one.
320
321
Chairman Wheeler indicated they would be continuing the hearing
March 2, 1982 at 10:00 a.m. as they do~not have the necessary votes to
ke approval.
'ROVE BUDGET TRANSFERS '~ '
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
ried, the following budget transfers were approved:
8-147 - Overall Economic Development Program Title V. Transfers
,000 between line items to reflect actual expenditures for the federal fiscal
sr 1980-81.
B-152 - CAA Senior Nutrition Project. Transfers $8,591 between line
terns per a budget modification request to the Area Agency on Aging.
B-153 - CAA 1982 Block Grant budget. Transfers $117,883 from various
ine items in the CAA operating budget to the appropriations-for contingencies.
he CAA has received notice of grant award from the Office of Community Services
nd this transfer establishes line items and their operation budget from grant
ands.
TINUE TO MARCH 2, 198.2 - AGREEMENT FOR SHARED LIBRARY SERVICES
Discussion was held regarding an agreement with North State Cooperative
rary System for implementation of computerized cataloging and processing
tern at this time. Page 234.
February 23, 1982
February 23, 198 _ _ ~ _ _ _ ~ _ _ _ _ _ ~ _ _ _ _
g2'- - Jo Terry, librarian, set out the background on the agreement. It
{~' cost more two years ago to perform the work than the agreement calls for.
', They are not contracting for a computer. This would do the work more
economically in this area.. It is cost effective over what they presently do.
It was moved by Supervisor Dolan, seconded by Supefvisor Wheeler,
that the agreement by and between. North State Cooperative Library System and
Butte County for implementation of a computerized cataloging and processing
system be approved and the Chairman authorised to sign.
Supervisor Saraceni stated he had a few more questions. Next year
uld it be necessary to add to this to keep it going? He would like to
scuss this with Supervisor Moseley before voting on the action.
I~?irs,..Terry stated she would have to proceed with her budget as
they are due on Monday.
Mike Pyeatt, interim administrative officer, stated there are
reoccurring costs. The capital outlay would be $6,400 which would be offset
by thy: State grant for professional services. The reoccurring cost would be
for maintenance.'
Mrs. Terry indicated there would be a cost savings of $1,000 now.
Motion withdrawn at this time. The matter to be continued to
2, 19$2 for consideration.
322 RESCINDED MOTION ON PUBLIC HEARING AND RESOLUTION 82-31 - ROAD NAME CHANGE
Clay Castleberry, public works director, requested the Board rescind
eir previous action a~ogtion of Resolution 82-31, minute order 82-304, changing
ad names held during the public hearing. The hearing scheduled for Phantom
ive is for March 9, 1982. He would like_the hearing continued to March 2,
82 on Almond Avenue, Hillcrest Avenue, Marilyn Drive and Blue Gravel Lane.
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
rried, Resolution 82-31 changing the road name of Phantom Drive to Yankee
sta Drive was rescinded and the public hearing on~Imond Avenue, Marilyn Drive
d Blue Gravel Lane be continued to March 2, 1982 was approved.
12:03 p.m.
1:32 p.m.
323 PPROVE DESIGNATION OF MENTAL HEALTH UNIT AT BUTTE COUNTY JAIL
On motion of Supervisor Dolan, seconded by Supervisor Sarac.~ni and
arried, in accordance with state requirements, the Mental Health Director and
heriff have designated single cells A-5 and E-3 at the Butte County Jail as
Mental Health unit for the purpose of detention of mentally disordered persons
or evaluation and involuntary treatment was approved.
324 UBLIC HEARING DATE SET
A public hearing date of March 16, 1982 at 10:00 a.m. was set for
onsideration of Arthur Wiggins petition for variance to Sections 19-10 and/or
9-12 of the Butte County Code for placement of a mobile home on AP 31-26-046,
165 Thermalito Avenue, Oroville area, zoning: "A-2".
325
~.PPROVE GRANTING ,EXCEPTION FROM SUBDIVISION ORDINANCE FOR H. W. RANDLE, AP
l8-062-35, CEANOTHUS AVENUE, CHICO
There was a report to the Board from Environmental Health regarding
denial of a sewage disposal permit for H. w. Randle, AP 48-062-35, Ceanothus
avenue, Chico at this time.
Page 235.
February 23, 1982
February 23, 1982
8;
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327
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328
Lynn Vanhart, environmental health director, stated he had supplied
the Board with chronological order of events for the parcel in-question. He
is a victim of circumstances. Parcel 1 did meet the sewage disposal require-
ment at the time but not in the SR zone. All parcels hence forth from the
October 21, 1980 requirement needed sewage disposal. In March 20, 1981 the
applicant recreated the parcel as a larger lot to meet the action of October.
They could not issue a disposal permit. Mr. Randle was notified and made
aware of the appeal process.
:Supervisor Saraceni stated Mr. Randle went into this before the
ordinance was amended.
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
carried, that the exception to the sewage disposal permit for H. W. Randle,
AP 48-062-35, Ceanothus Avenue, Chico be granted as the applicant started his
project prior to adoption of the subdivision ordinance and it going into effect.
APPROVE REQUEST FOR-PENALTY RELIEF - MARIAN C. AND WANDA SCOTT
On motion of Supervisor Dolan, seconded by Supervisor Saraceni
and carried, the request for penalty relief for Marian C~ and Wanda Scott of
Gridley on first installment of 1981-82 secured taxes for three parcels,
AP 10-035-004, AP 10-035-005 and AP 10-061-002, under Section 4985.2a of
the Revenue and Taxation Code was approved.
APPROVE CASH FLOW DEFICIT FINANCING WITH APPROVAL OF TAX COLLECTOR, AUDITOR-
CONTROLLER AND COUNTY COUNSEL
A report of use of tax and revenue anticipation notes during fiscal
year 1982-83 held at this time.
Everett Bosworth, tax collector, distributed~Eo the Board a letter
from Bank of America regarding cash flow deficit financing. There are two
types of deficit. Mr. Johansen indicated the deficit the county is facing
at the budget hearing two weeks ago. He discussed the interest on revenues.
He felt there could be a reduction of that $6 million deficit by one-third to
one-half with the cash flow financing. As cash balances go down they get into
the red. They do fund borrowing. The cash flow deficit financing would be
good for the county. Inter fund borrowing costs money. Other municipalities
are finding difficulty in financing. They can borrow on notes that are tax
exemptions. They immediately invest this and work on the capital. It will
refurbish their fund balance and restore their fund balance and earMing ,
power. He set out the attachment to the Bank of America letter at this time.
This is the best time to go out fox this financing rather than wait to July 1.
It is best to have the savings for the full fiscal year. It is a good tool.
He feels Sutte County is going to have to go with this. He would like authority
to work on this concept with Auditor and County Counsel as to which would be
the best for the county.
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
carried, gave direction to Tax Collector, Auditor-Controller and County Counsel
to move forward with the issuance of anticipated notes (cash flow deficit
financing) for the coming year.
APPROVE PUBLIC WORKS ITEMS - ADOPT RESOLUTION 82-32 (EAST RIDGE ASSESSMENT
DISTRICT) AND RESOLUTION 82-33 (SACRAMENTO AVENUE ASSESSMENT DISTRICT NO. 1)
On motion of Supervisor Aolan, seconded by Supervisor Saraceni and
carried, the following Public Works items were approved:
1. Approved Change Order No. 1 for East Ridge Assessment District
in the increasing amount. of $11,743.33 to provide for sand bedding and backfill
in the utility trenches and conduit within roadways and the Chairman authorized
to sign.
Page 236.
February 23.; 1982
8 2-
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February 23, 1982
r 2.- Approved Change Order No. 2 for East Ridge Assessment District
in the increasing amount of $12,332.80 to provide for payment to the contractor
for overrun in various contract items-and the Chairman authorized to sign.
3. a. Accepted certificate of East Ridge Assessment District
project engineer that work is completed and certify as to final contract cost.
b. Accepted,.certificate of Director of Public Works that the
work is completed and certified as to final contract costs.
c. Adopted Resolution 82-32 accepting work and final contract
costs and directing clerk to record Notice of Completion.
d. Accepted Notice of Completion.
329
4.a.Approved amended agreement for Engineering Services, Sacramento
Avenue Assessment District No. 1 and authorized the Chairman to sign.
b. Adopted Resolution 82-33 approving Amended Agreement for
Engineering Services and authorized Chairman to sign said amended agreement.
5. Approved Bill of Sale for railroad ballast (gravel)to Butte
County from Southern Pacific Transportation Company from the abandoned protion
of Stirling City branch line for 20 cents a yard to not exceed 25,000 yards
and the Chairman authorized to sign.
CONTINUE TO t4ARCH 2, 1982 - WAIVING SECOND READING OF ORDINANCE ADOPTING 1979
UNIFORM BUILDING CODE AND 1979 UNIFORM PLUMBING CODE
Clay Castleberry, public works director, stated where shake roofs
are allowed but fire retardents treated to them it is expensive. It is an
amendment to it. If they have trouble with the provision they could hold it.
The matter was continued to March 2, 1982.
330
331
332
AUTHORIZE SENDING OF LETTER REGARDING GIANELLA BRIDGE, ROUTE 2 TO CALIFORNIA
TRANSPORTATION COMMISSION AND CALIFORNIA DEPARTMENT OF TRANSPORTATION
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, letters to California Transportation Commission and California
Department of Transportation urging construction of Gianell Bridge on Route 2
was authorized.
AUTHORIZE SENDTNG LETTER TO JERRY LAUMER FOR HELP IN PUBLIC TRANSIT SYSTEM
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
carried, a letter sent to Jerry Laumer at Department of Transportation thanking
him for his help in developing Butte County public transit system was authorized
AUTHORIZE AMENDING THERMALITO DRAINAGE PLAN
Clay Castleberry, public works director, stated he would like policy
direction on changing the Thermalito Drainage Plan for the four parcel fee.
The plan has been adopted. He would propose change the fees for four parcel
maps, he would bring it back in ordinance form. At present it costs $450 per
acre by a building permit change.
Del Siemsen, county counsel, stated he had discussed the issue with
Mr. Mendonsa and they are adding a section to the Building Code. Tt would not
stop the Board from adopting an amendment. An ordinance would take 30 days.
They would have to adopt a drainage plan with revised fees.
tar. Castleberry stated he has discussed the issue with Supervisor
Moseley and she was in agreement. Just for parcel maps, it does not change
the subdivision maps.
Page 237.
February 23, 1982
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334
335
336
337
_ ___ _Februar_y 23,_1982 --_-_ ______ __-
. ._ - ... - _ - - ~ .r - - ~ - - - ~ ~. ~ - - - ... ~ - ~ ~ - - - - ... .. - -
_ On motion of Supervisor Saraceni, seconded by Supervisor Dalan and
carried, the Thermalito Drainage Study plan :revision by changing the fees
on four parcel splits was authorized.
CONTINUE TO MARCH 2, 1982 - RESOLUTION RENAMTNG-ROADS IN BUTTE COUNTX
Continued to--March 2, 1982 a resolution renaming roads. in Butte
County.
ESTABLISH SALE PRICE FOR ZONING ORDINANCE BOOK
On motion of Supervisor Dolan, seconded. by Supervisor Saraceni and
carried, the sale price. of new zoning ordinance books in the Planning Depart-
meat were set at $2.50.
Chairman Wheeler indicated anyone outside the county tax base
should pay for the booklets.
ADOPT RESOLUTTON 82-34 SETTING PUBLIC HEARING DATE FOR ABANDONMENT
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
carried, Resolution 82-34 setting a public hearing date of March 30, 1982 at
10:00 a.m. for consideration o£ the Peter Fox abandonment of public utilities
and recreational easement, Paradise Pines Country Club Unit 4, Lot 118 was
adopted and the Chairman authorized to sign.
CONTINUE TO MARCH 2, 1982 - ORDINANCES REGARDING CODE CHANGES - COUNTY COCJNSEL
Continued to March 2, 1982 the following ordinance changes submitted
by County Counsel:
1. Ordinance amending Section 14-48 to the Butte County Code
relative to parking of commercial vehicles weighing 10,000 pounds or more
in residential areas.
2. Ordinance adding Article III to Chapter 26 of the Butte County
Code relative to drainage plans.
3. Ordinance repealing Section 32-12 of the Butte County°Code and
adding Section 32A-12, relative to agricultural nuisances.
APPOINTMENTS TO PARADISE MEP40RIAL HALL CObuQITTEE RESCINBED
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
carried, the appointments to the Paradise Memorial Ha11 were rescinded:
R. G. McLintock - Vietnam Veterans of America
Jerry Boston - Vietnam Veterans of America
338
APPOINTMENTS TO THE DURHAM MEMORIAL HALL COA'llKITTEE
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
carried, the following appointments to the Durham Memorial Ha11 Committee were
approved:
George Worth - American Legion, Post #673
Milton Willadsen - American Legion, Post #673
Dwight Brinson - American Legion, Post #673
Jere Lang - American Legion, Post #673
Chester Graves - American Legion, Post #673
339
APPOINTMENTS TO THE GRIDLEY MEMORIAL HALL COMMITTEE
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
carried, the following appointments to the Gridley Memorial Hall Committee were
approved:
Tim Tokuno - Veterans of Foreign Wars, Post 5731
Sam McKey, alternate~~'=a~eterans of Foreign Wars, Post 5731
Page 238.
February 23, 1982
82- 340
~',
• _ ____--_===FebruazY_23,=1~8~=_______________
APPOINTMENTS TO .THE OROVILLE MEMORIAL HALL COMMITTEE
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
carried, the following appointments to the Oroville Memorial Hall Committee
were approved:
Roy O. Vance.-American Legion Post 9S
Robert Gilbert, alternate - American Legion Post 95
Ford Whitaker - VFS+I Post 9602
Gene Willson, alternate - VFW Post 9602
Glen Halsey - Disabled American Veterans, Chapter No. 71
David Edwards, alternate - Disabled American Veterans, Chapter No. 71
341
APPOINTMENTS TO THE PARADISE MEMORIAL HALL COMMTTTEE
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
carried, the following. appointments to the Paradise Memorial Hall Committee
were approved:
James M. Hurst- Veterans of Foreign Warsr ,Post 2039
George Schwindeman, alternate 1Veterans of Foreign Wars, Post 2039
John J. Monroe--Disabled American Veterans, Chapter 106
Edwin Larsen, alternate-.Disabled American Veterans, Chapter 106
342
343
APPOINTMENT TO THE UPHAM CEMETERY DISTRICT
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
carried, the appointment of Patricia Philpott as acting secretary for the
Upham Cemetery District was approved.
APPOINTMENTS TO THE MENTAL HEALTH ADVISORY BOARD - CONTINUE TO MARCH 2, 1982
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
carried, the following appointments to the Mental Health Advisory Board were
approved:
Charlynne Cavanah - consumer
Lafayette S. Clark - professional/counseling
344
3451
3461
Continued to March 2, 1982 the appointments to the public and
professional sections.
CONTINUE TO MARCH 2, 1982 - APPOINTMENTS TO THE BUTTE COUNTY HOUSING AUTHORITY
DISTRICT 2
Continued to March 2, 1982 appointments to the Butte County Housing
Authority - District 2.
CONTINUE TO MARCH 2, 1982 - REORGANIZATTON OF THE NORTHERN CALTFORNIA
EhIERGENCY MEDICAL CARE COUNCIL
Continued to March 2, 1982 reorganization of the Northern California
Emergency Medical Care Council.
CONTINUE TO MARCH 2, 1982 - CONSIDERATION OF BACHMAN & ASSOCIATES REQUEST
FOR VERN MCMATH THAT NEW FILING FEES BE WATVED DUE TO CONFUSION ON THE
IDENTIFICATION OF APPROVED ACCESS FOR A PARCEL MAP LOCATED AT AP 63-04-61,
DOE MILL ROAD
Continued to March 2, 1982 consideration of Bachman & Associates
request for Vern McMath that new filing fees be waived due to confusion on
the identification of approved access for a parcel map located at AP 63-04-61,
Doe Mill Road.
Bel Siemsen, county counsel, set out the background on the problem
with the road access in the Doe Mill Road area at this time.
Page 239.
February 23, 1982
az-347
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349
February 23, 1982
COMMUNICATIONS
William R. Leonard, Oroville. .Mr. Leonard writes appealing Condition No. 3
of a conditional Certificate of Compliance effecting AP 71-01-17
located on Big Ridge Road approximately 3,600 feet east of Little
Ridge Road, Harts Mill area. Set for public hearing on March 16,
1982 at 10:00 a.m.
Chico Unified School District. Robin G. Thompson writes on behalf of the
School District requesting a waiver of a fee for permits to serve
domestic water to four schools within the District. Referred to
Environmental Health.
F. L. Willis, Jr., attorney at law. The attorney submits a claim on behalf
' of Pdul.P. Hartman in'the.amount of $1,0,00„_O.QO-regarding alleged
incident at the Butte County Jail. See motion following commun-
ications.
Jack Vd. Moon, Jr. Mr. Moon submits a claim for destruction of private property
in the amount of $30,OOD. See motion following communications.
Anne Seymour, Senate Rules Committee. Anne Seymour offers comments regarding
the Butte County display at the Capitol Building in Sacramento.
Administrative staff to send letter.
City of Biggs. The City Clerk requests that the County of Butte permit the
County Clerk to render specified services to the City relating to
the conduct of an election in accordance with Election Code Section
22003. The request has been cancelled..
Department of Parks and Recreation. The Director of the Department of Parks
and Recreation submits a response to the Supervisors' concern
regarding Scotty's Boat Landing. See motion following communications.
Butte County Child Protective Services. A number of letters have been received
regarding the financing of the Butte County Child Protective Services
and Parental Stress Program. Discussion; Administrative staff to
forward correspondence to Welfare for clarification.
REJECT CLAIMS - PAUL P. HARTMAN AND JACK W. MOON, JR.
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
carried, the following claims were rejected and referred to County Counsel and
Risk Managment Coordinator:
1. Paul P. Hartman in the amount of $1,000,000 regarding alleged
incident at the Butte County Jail.
2. Jack W. Moon, Jr, a claim in the amount of $30,000 for destruction
of private property.
LETTER TO BE SENT TO DEPARTMENT OF PARKS AND RECREATION REGARDING SCOTTY'S
BOAT LANDING
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, a follow-up letter to be sent to Department of Parks and Recreation
regarding Scotty's Boat Landing that they provide services and recreational
services to the public and would •-like help in what ever is necessary to allow
the service to remain.
Staff to check with Scotty's attorney before forwarding letter.
350
ADDITIONAL MATTERS BY BOARD MEMBERS
Supervisor Saraceni stated he had received correspondence from
Paradise Unified School Distric.t".and Elizabeth Renee of Chico relative to
Child Protective Services. Page 240.
February 23, 1982
8
351
Letters to be forwarded to Welfare for response.
ADDITIONAL CORRESPONDENCE BY BOARD MEMBERS
Chairman Wheeler noted there were the following correspondence items
sent to Board members:
1. Program Economic Development - memo to the Board.
2_ Change in Department of Forestry regulations, hearings in Sacra-
mento.
3. City of~Chico - matter to be discussed at meeting February 24th.
4. Independent Cities - past the date to respond.
5. Chico Chamber of Commerce regarding Amtrak..
6. Welfare Domestic violations
7. City of Santa Clara
352
8. Glenn County regarding ground water
ADDITIONAL ITEMS BY BOARD tdEMBERS
Supervisor Saraceni stated he had talked with Anita Bell regarding
the handicapped people. March 6, 1982 has been designated as the date to
recognize the disabled. The matter was continued to February 24, 1982.
RECESS: There being no further business before the Board at this time the
meeting was recessed at 2:43 p.m. to reconvene at 1:30 p.m. on
February 24, 1982.
page 241.
February 23, 1982