HomeMy WebLinkAboutM040781April 7, 1981
iTATE OF CALIFORNIA
SS.
OF BUTTE
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The Board of Supervisors met at 9-;00-a.m. pursuant to adjournment.
Present: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Moseley.
Clif 'Nickelson, administrative officer; Dan Blackstock, county counsel; and
Clark A. Nelson, county clerk, by CatTiy Pitts, assistant clerk to the Board.
Pledge of Allegiance to the Flag of th.e United States of America
Invocation Fry Supervisor Lemke
APPROVAL OF MINUTES
The approval of the minutes of March 31, 19-81 and April 2, 1981
were continued to April 14, 1981.
APPROVE MODIFICATION TO TITLE TTD AND ADMINISTRATIVE PORTION OF CETP
Jim Rackerby, personnel director, set out the background of the
modification. They will be sending a notification letter to Department of
Labor. This is for the phaseout of the Title IID program of CETA. The
program was to reduce the PSE through the remainder of this year. There
has been an $821,000 reduction in the Title IID program. They will not
be going to September 30 with the program. There are 254 Title IID
CETA personnel in public service with the county and other governmental
agencies. These people will be receiving layoff notices to be effective
on June 12, 1981. The teacher aides will complete the terms of their
programs. There are some police officers going through the academy who
will not be terminated until the program for the academy is over. They
will be keeping those people who will be•transitioned in July on board.
The major users in the county are the Probation Department and the
Sheriff's 0£fice.
Clif Nickelson, administrative officer, stated he was more
concerned with what would happen in the Probation Department than in
the Sheriff's Office as far as:,the lay offs are concerned.
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and unanimously carried, modification to the Title TID CETA program and
administrative portion of the Comprehensive Employment and Training Plan
(CETP) to provide £or the phase out of that program by September 30, 1981
was approved and the Director authorized to sign.
DTSCUSSION: CETAC VOTING REQUIREMEN_TS_FOR MAJORITY VOTE
Jim Rackerby, personnel director, stated the Board had received
a letter from CETAC requesting that the Board reconsider the policy in
,formation of CETAC to permit a quorum of the committee to take official
'action. There are 15 voting members. The resolution requires there be
eight votes i~rder to make a recommendation to the Board. CETAC is
tasking that the Board change the policy to allow a majority of those
gresent to bring a recommendation to the Board, which would be five votes.
Supervisor Lemke had a problem with allowing one-third of the
committee to vote to forward a recommendation to the Board. fle felt the
present policy was a good policy. Tf they have trousle getting a quorum
at the meetings, the Board might want to consider looking at the appointments.
Mr. Rackerby stated the reason this came forward was the problem
of attendance. There were many times the meetingicould not be held. There
'are only five meetings per year. They will be taking a Netter look at the
attendance for the meetings.
Fage 206.
April 7, 1981
April 7, 1481
It was felt the Board would take a-look at the attendance at the
meetings and see i~ thew is a-need for other appointments. No .action
was taken on the request. Administrative Off ice. to write a letter advising
CETAC of the Boardfs decision,
550 DISCUSSION: LETTER FROM BUTTE ECONOMIC DEVELOPMENT CORPORATION RE: RQUEST FOR
BOARD TO DETERMINE THAT PRIVATE INDUSTRIAL COUNCIL (PICA MEETS REQUIRED
REPRESENTATION REQUIREMENTS OF"FEDERAL REGULATIONS
Jam Rackerby, personnel director, set out the background of
the request from Butte Economic Development Corporation requesting that
the Board determine that the Private findustrial_ Council (P IC) meets
the required representation requirements of the federal regulations.
He has looked at the resolution the Board adopted forming PIG. He found
no inconsistency with. .the county policy and the federal regulations. The
Council has eleven members. The organization of the Board has a majority
of private business representatives, a representative from an educational
institution, a labor representative and a member of a non-profit organization.
The rest of the committee is Chamber of Commerce members and the Chairman
of CETAC.
Administrative Office to write Butte Economic Development
Corporation a letter advising them the Private Industrical Council (PI C)
meets the required representation requirements of the federal regulations.
551 DISCUSSION OF REQUEST BY BCEA TO ADD ADDITIONAL REPRESENTATIVE TO THE
DEFERRED COMPENSATION ADVISORY COMMITTEE
Jim Rackerby, personnel director, set out the Deferred Compensation
Advisory Committee at this time. Last year in labor negotiations with
BCEA the Soard agreed to form a joint management-labor committee to study
a deferred compensation program. At that time two representativesrsof BCEA
and one representative,of BCLEOA along with management met and brought an
RFP to the Board. One of the recomvnendations was to establish a permanent
committee. The Board adopted a resolution setting up the committee of
the Auditor, Treasurer, Personnel and two labor representatives. The
__two labor representatives were to be by mutual agreement of the labor
organizations. He advised them to get together and nominate two represent-
atives. BCEA wants greater representation on that committee. They want
a representative from each unit they represent.
Mr. Rackerby recommended that the Board not add the additional
member. If the Board sets a policy of appointment by unit at some future
time it could increase the membership by six or eight people and would
be expensive to have that many employees being paid. The committee is
set up to approve hardship cases. He felt a small dedicated committee was
more important. This is not a unit type issue. The employees should be
represented.
Bob Potter, BCEA, stated the BCEA Executive Committee would
like one more member added to the Deferred Compensation Advisory Committee.
When the first committee was originally formed there were three members
from management and three members from the labor organizations. BCEA would
like to see the committee restored to that number. BCEA representes 770
members in the General unit and 181 members in the MCS unit. BCLEOA represent
80 members. He felt that with the large number of people involved there
should be an additional representative added to the committee.
Supervisor Dolan stated it was her understanding that when the
committee was made permanent, it was the same committee that was established
to study the proposals,
Page 207.
April' 7, 1981
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Aril-7~ 1981
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Mr. Rackerby stated there would se an extreme cost for the county
to have the voluntary program. The next step will be to ask the county to
make contributions to the program. The organizational structure of the
plan needed the employee input. This new committee is for administration
of the plan. The money is county asset. The money cannot be taken out
by the employee unless they can show extreme hardship. The money can only
be taken out after review by the committee. IRS says that if the committee
allows tfie et'nployee to remove money and it is not an allowable reason the
county is obligated for that cost. He felt two employee representatives
were adequate.
Mr. Potter stated they were requesting that the membership be
restored to the original committee. He felt that any enlargement could
be dealt with as it comes up,
Supervisor Lemke did not see any advantage to adding an additional
representative at this. time. This is an administration type activity for
the people.
Supervisor Dolan asked that the matter be held'over. She would
like an opportunity to review the resolution. She remembered a unanimous
decision for the six members of the committee. The proposal that came
forward to the Board was there was no cost to the county for administration.
The comittee was a fiscally responsible committee.
The maiber held over at this time.
552
ADOPT PLANS AND SPECIFICATIONS - RICHVALE3FIRE STATION
On motion of'Supervisor Lemke, seconded by Supervisor Wheeler
and unanimously carried, the plans and specifications for construction
of a 35 foot by 40 foot metal building at the Richvale Fire Station were
adopted; and the call £or bids to be opened in the Purchasing Office on
April 28, 1981 was authorised.
553
ACCEPT DONATION OF SOFT DRINK MACHINE IN MENTAL HEALTH DEPARTMENT
On motion of'Supervisor Lemke, seconded by Supervisor Dolan
and unanimously carried, donation of a soft drink machine by former
Supervisor Donald Maxon to the county for use in the Mental Health
Department on a non-profit, no cost basis with the price of the soft
drinks being set at a break-even point was accepted and a letter of
appreciation to be sent to former Supervisor Dot,aid Maxon.
554
AUTHORIZE ACQUISITIQN OF SURPLUS FIRE TRUCK FOR FIRE DEPARTMENT
Supervisor Wheeler stated that Fire Warden Teie was doing a
great jab finding surplus items for the county.
Bill Teie, fire warden, stated that his office was always
looking for ways to get surplus equipment. They have been able to
accomplish a great deal.
On motion of Supervisor 5araceni, seconded by Supervisor Wheeler
and unanimously carried, acquisition of a 1964 Dodge four-wheel drive fire
truck through. federal surplus property that is proposed to be placed at the
Clipper Mills station to replace an engine that has been removed from
service at no cost to tfie county was authorized.
555
MOTION TO PURCHASE TWO SNOWMOBILES FOR BUTTE COUNTX SEARCH AND RESCUE
UNIT FAILS: ACCEPTANCE OF SNOWMOBILES PURCHASE BX MEMBERS OF BUTTE
COUNTx SEARCH AND RESCUE UNIT CONTINUED__UNTIL BUDGET TIME
Tt was moved by Supervisor Lemke, seconded by Supervisor Wheeler
that the Board accept the two s~owmoTiiles purchased by memTiers of the Butte
age 208.
April 7, 1981
klpril 7, 1481
County Search-and Rescue unit which is in addition to the snowmobiles
to those purchased by the Chico Elks Lodge.
Clif 'Nickelson, administrative officer, stated he had checked
on the purchase of these two snowmobiles. They are not encumbered. They
were purchased by personal notes of the members of the unit.
It was moved by Supervisor Lemke, seconded by Supervisor Dolan
that the Board purchase tfie two snowmobiles for the Butte County Search
and Rescue unit at a cost in excess of $4,600. with. the funding to come
from revenue sharing funds.
Supervisor Lemke stated that the people in this unit da a
great service at no cost to the county. He hoped the Board could see the
value of these people. The payments for these snowmobiles are being made
by personal note. If they didn't need the equipment, they would not have
signed personal notes for them.
Supervisor Saraceni stated he had a problem with purchasing
the snowmobiles. He was not opposed to helping the group=s: He had a problem
that this might be a recurring thing. He referred back to the "Jaws of
Life" and the effort the community made to purchase this equipment.
He felt it should be possible to get the funding by help from the community.
Supervisor Lemke stated they have fund raising events and have
not been able to pay for the equipment from that fund raising event.
Dan Blackstock, county counsel, advised that if the Board
accepted the snowmobiles, they could not come back and purchase the
equipment.
Gha~:rman Moseley did not appreciate the fact that this was done
the way itzwas done; 'They were told they would be given the snowmobiles
out of revenue sharing. She did not feel the snowmobiles had been used
that much. She knew they were getting a cut on the cost. The unit
was offered the use of two snowmobiles from a mortuary and there is $500
in the budget for rental.
Vote on motion to purchase snowmobiles:
AYES: Supervisors Dolan, Lemke and Wheeler
NOES: Supervisor Saraceni and Chairman Moseley
Motion fails.
Motion to accept snawmobiles withdrawn at this time.
556
SHERIFF TO BE ASKED TO SPEAK TO THE BOARD REGARDING REQUEST TO PURCHASE
AUTOMOBILE FOR JUVENILE OFFICER ASSZGNEA TO INVESTIGATION BUREAU
Tt was moved Fly-Supervisor Lemke, seconded sy Supervisor Wheeler
that the purchase of an automobile for use of the juvenile officer assigned
to the Investigation Bureau at a cost not to exceed $5,353 be authorized.
Chairman Moseley stated she could not quite agree with the
purchase of the automobile out of the savings in the budget. The Board
has to be very careful and watch. the budget. She felt that some of the
items that deal with budgetary items should be field over until budget
session.
Motion withdrawn. Sheriff to bie asked to speak to the Board
regarding this requese.
Page 209..
April 7, 14.81
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April 7, 1981
AUTHORIZE PURCHASE O~ ~iUTOMOBILE FOR PUBLIC WORKS DEPARTMENT
On motion ofl5upervisor WFieeler, secoaded.izy Supervisor Dolan
and unanimously carried, purchase of a automoB~le for the Public Works
Department from a rental agency in lieu of a one•-half ton pickup truck
authorized in the current budget was authorized.
DESIGNATE AUDITOR'AS COUNTY SB 9.0 COORDINATOR
On motion of Supervisor Lemke, seconded by Supervisor Dolan
and unanimously carried, the Auditor was designated as tfie county SB 90
coor~n.ator.
APPROVE AMENDMENT TO MEMORIAL HALLS RULES ANB REGULATIONS TO REQUIRE RENTERS
TO GIVE BOND OR CHECK NOT TO EXCEED $500 TO COVER DAMAGE TO PROPERTY AND
EXCESSIVE CZEANUP
On motion of Supervisor Saraceni, seconded by Supervisor Lemke
and carried, the amendment to the memorial fiall rules and regulations requiring
renters to give bond or checks not to exceed $500. to cover damage to property
and excessive cleanup was approved and the Chairman authorized to sign.
AYES: Supervisors Lemke, Saraceni, Wheeler and Chairman Moseley
NOES: Supervisor Dolan
AUTHORIZE ELECTION DEPARTMENT TO CONDUCT ELECTION FOR THERMALITO IRRIGATION
DISTRICT
On motion of Supervisor Saraceni, seconded by Supervisor Lemke
and unanimously carried, the Election Department was, authorized to conduct
the Thermalito Irrigation District election to authorize incurring of
indebtedness for replacement of a reservoir to be held June 2, 1981 with
the cost to be paid by the district.
APPROVE INCREASE IN CANCELLATION FEE FOR LAND CONSERVATION ACT AGREEMENT
PETTTTON FOR CANCELLATION FOR FRANK G. AND MARION C. BENNETT FOR AP 47-43-002
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the cancellation fee for Land Conservation Act agreement
petition for cancellation for Frank G. and Marion C. Bennett for AP 47-43-002
was increased to $9,741 as the original cancellation fee was not paid prior
to the March I lien date. AYES: Supervisors Lemke, Saraceni, Wbeeler
and Chairman Moseley ABSTAINING: Supervisor Dolan
DISCUSSION AND POLTCY DIRECTION ON REPORT ON ANIMAL CONTROL CONTRACT WITH
ANIMAL CONTROL HEALTH 'SERVICES - CONTINUED TO APRIL 14, 1981
Discussion and policy direction on the report on animal control
contract with Animal Control Health Services was continued to April 14,
1981.
5631 APPROVE BUDGET TRANSFERS
Steve Musselman, administrative analyst, reported on budget
transfer B~82 relative to HCD. This appropriation is being established
to pay Connerly and Associates for the previous agreement covering
February and March.
On motion of Supervisor Lemke, seconded By Supervisor Saraceni
and unanimously carried, the following budget transfers were approved:
B-177 - Famil Conciliation Court. Transfers $280 from fixed
assets - equipment tolrents and leases of equipment to cover the cost of
renting a typewriter. The rental portion will apply to tfie purchase of
tFie equipment Budgeted for next fiscal year.
B-182 - Administrative Office ~ Hous3,n~_a- nd Community Development.
EstaBlishes an additional appropriation of $3,000-in professional and
specialized services with revenue coming from HCD program income to cover
the Connerly and Associates consultant contract through March 31, 1981.
Page 210. '
April 7, 1481
April 7, 1381
B~184 r Prohation - 3uve___Tnile Delinguea~ Prevention Grant.
Establishes .the budge t fox the 0€fice of Criminal Justice Planning Delinquency
Prevention second .year grant in the amount of $26,000 covering the period
March 1, 19.81 through-'1~Ia.rch 31, 19.82 as approved by the Office of Criminal
Justice Planning on November 19., 1980. The budget is comprised as follows:
salaries and wages, $17,496; benefits, $5,388; communications, $179; general
insurance, $166; office expens8, $132; travel, $2,130; utilities, $150;
and allocated costs received, $359. Revenue is from federal aid.
B-187 - Fire Department. Transfers $2,570 from fixed assets in ,
the regular fire budget (deleting two base racks and a spotlight), from
the volunteer budget, $2,030 from maintenance of equipment, $11,000 from
special department expense and $2,000 from fixed assets; with $17,600 going
to transportation and travel with the volunteer fire transportation budget
in order to cover present budgetary deficiencies and to provide an appro-
priate for the balance of the fiscal year covering additional responses
of paid call volunteer firemen to alarms and training.
B-188 - Juvenile Hall. Transfers $24,000 from the reserve; with
$3,000 going to housefiold expense and $21,000 to professional and specialized
service. The purpose of the transfer is to cover current and projected
budgetary deficiencies and to provide an appropriation for the balance of
the fiscal year brought about by increases in the average daily population
in the hall.
B-189 - Welfare Aid. Transfers $66,360. from the reserve, together
with unanticipated revenue from the federal government in the amount of
$475,580 and from~_the state, $564,060; increases the appropriation for aid
to dependent children - unemployed, totalling $1,106,000.
564
565
CONSIDERATION OF BID AWARD FOR SALE OF THREE PARCELS - HCB - CONTINUED
TO APRTL 14, 1981
Consideration of bid award for sale of AP 35-167-16, AP 35-164-12
and AP 35-164-7 in the E1 Medio area to Richard Logue of Chico in the
amount of $20,833 was continued to April 14, 1981 in order for Connerly
and Associates to review bid proposal.
OF CONTRACT AMENDMENT WITH CONNERLY AND
Dan Blackstock, county counsel, advised the Board that at his
last discussion with Ward Connerly relative to the agreement, Mr. Connerly
was not in agreement with the budgeting provision and relative to the
additional federal agencies approval. He had in mind the budgetary
control branch of the federal government separate from HUD. He also
added the provision to the effect there would be access to the records for
auditing purposes and the records cannot be destroyed for three years.
He also included the provision relative to the federal procurement plan.
Supervisor Dolan felt that if the Board was going to enter into
a contract, she felt there should be a cluase requiring that past, present
and future records will be available for review in the county. She would
like to see that information in Oroville.
Pat McCafferty, Connerly and Associates, stated that HUD
records were unique. One of the requirements is the Freedom of Information
Act and the other is HUD requirements for confidentiality. The records
coming, under the Freedom of Information Act would be available at reasonable
times and with reasonable notice. The general intent will be fulfilled.
Supervisor Dolan stated that what has been reasonable time and
notice has been her being able to open the file and look at the correspondence
etc. She .felt that it was important for a person to have access.
Page 211.
April 7, 1981
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?:pril 7, 1981
Mr. McCafferty stated it was their intent to have an office in
Oroville. Many of the. documents would Be kept in tfiat office. There are
times they would need to take the files to Sacramento. They have never
had a problem with. reasonable notice and time.
Supervisor Saraceni did not think there would he any problem
getting information for a particular project.
Mr. McCafferty stated they want to have full time staff for the
Oroville office. They'are L~negotiating that. Within a business day or
so they will have anything available.
Supervisor Dolan would like to have the information available
in the contract administrator's office.
Supervisor Lemke had a problem having the contractor keep two
sets of documents. The county has to allow the contractor to apply his
business acument to making the contract work. He did not want to hamstring
the contractor and require duplicate files.
Supervisor Lemke asked ~ahy the contract had to go through the
local budgetary process when the contract was subject to availability of
federal funds? -
Mr. Blackstock stated that the contract was. an 18 month contract.
It goes through two budget years. The present agreement has a provision
subject to budgetary amount. Unless there is a budgetary amount, the
Auditor cannot pay the contract. Mr. Connerly objects to this provision.
This is the provision that is used in all contracts for the county.
Clif Nickelson, administrative officer, stated that this has
to be budgeted and be in the annual budget even though it is federal funds.
Another example of this type of budgeting is the Mental Health Budget.
There are no county funds, but it is in the county Budget.
Mr. McCafferty stated their concern in this regard was they
had suggested that the county enter into a six month contract. It was
at the county's insistence that they attempted to negotiate an eighteen
month contract. In doing so, they believed firmly that the county intent
was that they wanted to find a home to operate the program. He wanted
to insure this was the case. If there is failure to perform, the county
has every right to terminate the contract. He did not believe their office
would sign the contract as it is currently worded. Certainly, if there is
not a CDBG program, they would concur in the general language because
there would be no need for their services.
Supervisor Dolan stated that provision is in all county contracts.
Supervisor Saraceni felt that if a private concern was doing the
hiring and putting people to work they would want to know the county could
fulfill the contract over a period of time.
Supervisor Dolan understood the contractor's concerns. She felt
this was a chance the firm was taking.
Mr. McCafferty stated they were attempting to gear up for an
18-month program. He felt they took over responsiB.ility on April 1, 1981.
they have put a great deal of energy into tB,e program. They had to make -
commitments to people.. If the county is prepared to ask them for an 18-month
commitment, the county ',should He willing to make an 1$Tmonth commitment
to them.
Page 212, April 7, 1981
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It was suggested that this matter he continued to later in the
meeting so Counsel and Mr. McCafferty could go over the difference in the
contract.
Mr. Blackstock stated there was one other item relative to the
contract. He has written a letter to HUD relative to whether this modification
needs to come under the Fiid process. He figs not received a reply to that
as of this date. He had a verbal okay. Wfien the response comes in from
HUD, he will be responding to those items. Mr. Connerly has concerns on
having the Office of 1Kanagement and Budget involved.
ST'
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Mr. McCafferty stated that last week they agreed that it would
e the firm's liability until the county received affirmation from HUD.
nce that affirmation ~s received, he felt the hold harmless clause was
o longer necessary.
The matter was continued to later in the meeting.
RECESS: 10:30 a.m.
RECONVENE: 10:43 a.m.
**
566 PRESENTATION OF CERTIFICATE OF APPRECIATION TO DAVE DAMS, SUPERINTENDENT
OF BUILDINGS AND GROUNDS
Chairman Moseley presented Dave Davis, superintendent of buildings
and grounds, with a certificate of appreciation for his years of service
with the county.
567 ADOPT RESOLUTION 81-57, 81-68 & 81-69: PUBLIC HEARING: RONALD D. WILLIAMS,
E. THOMAS COTTON AND ROBERT L. SHERMAN, AND WILLIAM TAYLOR - ABANDONMENTS
OF PUBLIC UTILITIES EASEMENTS. PARADISE PINES AREA
public fiearings were field as advertised:
1. Ronald D. Williams abandonment of public utilities easement
Paradise Pines Unit 15, Lot 43.
2. E. Thomas Cotton and Robert L. Sherman abandonment of public
utilities and recreational easement, Paradise Pines Unit 15, Lots 47 and 71.
3. William Taylor abandonment of public utilities and recreational
easement, Paradise Pines Unit 10, Lot 72.
Bettye Blair, planning director, set out the background of the
abandonments. They are 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 Lemke
and unanimously carried, the following abandonments were approved; resolutions
were adopted and the Chairman authorized to sign:
1. Resolution 81-67 abandonment of public utilities easement
Paradise Pines Unit 15, Lot 43 for Ronald D, Williams.
2. Resolution 81-68 abandonment of puFiiic utilities and recreational
easement, Paradise Pines-Unit 15, Lots 47 and 71 for E. Thomas Cotton and
Robert L. Sherman.
3. Resolution 81-69 abandonment of public utilities and recreational
easement, Paradise Pines Unit 10, Lot 72 for William Taylor.
Page 213.
April 7, 1481
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31- 568 PUBLIC HEARING: PHIL ~i,AUCH = APPEAL Ok' REQUIREMENT k'OR EzR k'OR A REZONE FROM
~''' "A-2" CGENERfAL),. TO F'AR~ 1" CAGRICULTURAL RESIDENTIAL MOBILE HOME - ONE ACRE
', MINIMUM PARCELS Z; AP 3ff.-1gr15 & 20? PROPERTY LOC,~TED ON THE WEST SIRE OF
'" . ___.'__ . _.. - . . _..-............,, ... . ....... ......~~~.r r T, a r.,,.~nnm nnnnr-~ t u •nc n
The public hearing on Phil Rauch. appeal of .requirement for environ-
ental impact report for a rezone from "A:2" (general). to "ARMH-1" (agricul-
tural ze~fdential mobile home ~- one acre minimum parcels, AP 30-19-15 and
20, propertyllocated on the west side of Larkin Road, southwest of the
Oroville Airport, Orov~lle area was held as continued.
Earl Nelson, environmental review director, stated they had
eived a request that the hearing Fie withdrawn. The applicant has agreed
have a larger parcel size and this made tfie requirement for an EIR not
essary at this level. The Planning Commission or the Board could require
EIR at a later date'.
The application was withdrawn at this time.
569
ADOPT ORDINANCE 2207: PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION -
PROPOSED NEGATIVE DECLARATION ANA REZONE FROM "S-R" (.SUBURBAN RESIDENTIAL)
TO "R-3" (MULTI FAMILY RESIDENTIAL), PROPERTY LOCATED ON THE EAST SIDE OF
BURNAP AVENUE, BETWEEN EATON ROAD AND LASSEN AVENUE, IDENTIFIED AS
AP 44-33-12, 13, 14, 15 & 102, CHICO
The public hearing on the Butte County Planning Commission proposed
negative declaration and rezone from "S-R" (suburban residential) to "R-3"
(multi family residential), property located on the east side of Burnap
Avenue, between Eaton Road and Lassen Avenue, identified as AP 44-33-12, 13,
14, 15 and T02, Chico was held as advertised.
Bettye Blair, planning director, set out the background of the
rezone. The Planning Commission recommended approval.
Earl Nelson, environmental review director, set out the background
of the negative declaration. This 3s a higher density and will result
in additional. traffic. more residences will be potentially exposed to
aircraft noise. The soil conditions may limit the density in the area.
He recommended a negative declaration.
Hearing open to the public. Appearing:
1. Terry Irion. Mr. Trion was representing about 95 percent
of the people in the effected area. There fiave been three parcels zoned
"R 3" that the neighborhood was not aware of. The area had been recommended
for "S-R" zoning and the people in the area were not aware that the "R-3"
zoning had been included. He was against the "R-3" zoning. The neighborhood
is basically "R-1" residences. There is no sewer within a mile of this
area. There is no trailer park in the area. That area is "RT-1" zoning.
This area is basically. single family residences. Thexe are about eight or
ten units of duplexes across the street that were done when the area was
still "A-2" zoning. There are three of the people involved in the "R-3"
zoning who are oppoed to that zoning. He asked that the Board reconsider
this entire area. They would like a moritorium on future building until
this problem is resolved.
Supervisor Wheeler stated that because of the testimony at the
last hearing, the Board changed the zoning and rir, Irion is saying the
testimony was misrepresented. There is only one brig parcel in the "R-3"
zoning that is having work done on it. The rest are open fields and the
community wants the Board to reconsider the entire area.
Page 214,
April 7, 19.81
April 7, 1481
81
2. Dan Jenks. Mr. Jenks felt that if condomi'n3um is allowed
next to his property, he should be allowed to build condominiums. His
property is 315 feet by 70 ,feet. If there is no sewer, they will have to
meet the percolation requirements. There are 66 condominiums almost
completely surrounding his property. The "RT-1" zoning is a mobile home
park. The same with. the duplex -down the street, tfiey are apartments.
fie felt that the "R:3" zoning conformed to tfie whole area.
Supervisor Wheeler stated that Mr. Jenks had told her he was
content with the "S-R" designation. Like in many of the large rezones
notice is not sent to ,the people individually. The Board made this "R-3"
zoning. There are apartments next to his property.
Supervisor Dolan stated that the people knew the zoning was
coming forward with an "S-R" designation and when the Board considered
the matter it was changed to "R--3" zoning. Mr. Jenks was left in the
"S-R".zoning and the others received "R-3" zoning.
3. Pete Catalano. Mr. Catalano stated he owned the lot next to
. Jenks. He felt the Board needed to draw the line as 'far as the "R 3"
Wing. He objected to two story high rise hpartments in his back yard.
4. Kathy Jenks. Mrs. Jenks stated that a person could build a
story house next door to him. They will be having two story apartments
ing at them. There are apartments around the corner that looks into
r back yard. She felt that as construction was accomplished, the road
d be improved.
5. Anita Strang. Ms. Strang stated she would like to see single
character of the neighborhood maintained.
6. Jim Tyke. Mr. Tyke stated he was the owner of Lot 13 which
is presently zoned "S--R" zoning. He set. out the zoning for the parcels
surrounding and adjacent to his property. Directly across the street
from him is a mobile home park or a single family residential trailer area.
As far as he was concerned this was a mobile home park. As far as the
owner of Lot 15 objecting to someone looking down into his back yard, there
is already a two story house that looks into his property. This is an
area that the majority would take issue with this being an "R-1" area.
7. Delbert Wax. Mr. Wax felt the area was more in the "R-3"
.ing than in single family residences. In the entire area there are
lexes and mobile home parks, apartments and condominiums. With the
R" zoning there could be horses and cattle that could cause a health
blew. He felt that a nice development would make the area look better.
8. Terry Irion. Mr. Trion was interested in stopping future
opment. He asked that the line be drawn and allow the rest of the
to be single family residential.
9. Dan Jenks. Mr. Jenks stated he would much rather see
t on Burnap Avenue than by taking out orchards.
1Q,1 Carol Lund. Ms, Lund stated she owned the two story house
discussed. She was against high rise apartments.
11. Kathy Jenks. Mrs. Jenks stated that Mr. Irion was saying
Let the fib condominiums be built and then stop them there, That is fine
Eor him to say. These types of developments completely surround their
>roperty. If Mr, Irion is saying stop the Line there, why not stop it one
wer and allow then land to be pin the "R-3" zoning.
age 215.
April 7, 1981
~,px3,1 7, 19.81
b
12, ~glta Camexgn. Ms, Camexon stated her property was under
consideration, Siie dj;d not want to fie included in the ~'Ii-•3" zoning.
The noise and txaffic~~axe fieavy, Sfie would hate to see the "R-3" zoning
befiind fier property,
Hearing closed to the public and confined to the Board.
On motion o£ Supervisor Wheeler, seconded by Supervisor Lemke
and unanimously carried, finding the proposed project could not have a
significant effect on tfie environment, a negative declaration was
recommended.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, finding the project in conformity with the General
Plan; noting that the Environmental Review Department checklist has
been reviewed and completed; the rezone from "S-R" (suburban residential)
to "R-3" (multi family residential), property located on the east side of
Burnap Avenue, between Eaton Road and Lassen Avenue, identified as
AP 44-33-102, Chico was approved; Ordinance 2207 was adopted and the
Chairman authorized to sign.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the rezone from "S-R" (suburban residential)
to "R-3" (multi family residential), property located on the east side
of Burnap Avenue, between Eaton Road and Lassen Avenue, identified as
AP 44-33-12, 13, 14 and 15, Chico was denied without prejudice.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the Planning Department was instructed to study
and initiate zoning for the remaining parcels in the "R-3" zoning
designation in that area, excluding the parcel currently under development,
and for the smaller parcels that are currently "S-R" zoning to be considered
for single family residences in this area.
ADOPT ORDINANCE 2208: PUBLIC HEARING: MGN FARMS - PROPOSED NEGATIVE DECLARATION
AND REZONE FROM "A-2" .(GENERAL) TO "A-160" (AGRICULTURAL - 160 ACRE PARCELS)
AND "R-C" (RESOURCE CONSERVATION), PROPERTY LOCATED ON THE EAST SIDE OF
STATE HIGHWAY 99 AND ON THE SOUTH AND EAST SIDES OF SHTPPEE ROAD, IDENTIFIED
AS AP 41-19-17, 41-20-2, 9. 11 50 & 51 AND AP 41-23-08. NORTHWEST OF OROVILLE
570
The public hearing on MGN Farms proposed negative declaration
and rezone from "A-2" (generaP} to "A-~16f9°P (agr3ee~'ltural - 160 acre parcels)
and "R-C" (resource conservation), property Located on the east side of
State Highway 49 and on the south and east sides of Shippee Road, identified
as AP 41-19-17, 41-20-2, 9, 11, 50 and 51 and AP 41-23-08, northwest of
Oroville was held as advertised.
Bettye Blair:, planning director, set out the background of the
rezone. This is the result of a subdivision map approval,
Earl Nelson,. environmental review director, set out the background
of the negative declaration.
Hearing open'to the public. Appearing: Mike Smith, MHM Engineering,
representing MGN Farms:. Mr. Smith stated he was available for any questions.
Hearing closed to the public and confined to the Board.
SUPERVISOR LEMKE ABSENT:~#T THiS TIME.
SUPERVLSOR WHEELER ABSENT AT THIS TT~1E
Page 21Cs,
~1pxiT 7, 1981
Apx~.l 7, 1981
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On motion pf',Supervisor Dolan, seconded by Supervisor Saraceni
and carried, finding the proposed project is in conformity with.. the
General Plan; noting that the environmental checklist and recommendation
has been received, a negative declaration was adopted; and the rezone
from "A-2" (general}_ to "A~160" (agr"icultural - 160. acre parcels) and "R-C"
(resource conservation};, property located on the east side of State Highway
99 and on the south and east sides of Sfiippee Road, .identified as AP 41-19-17,
41-20-2, 9., 11, 50. and 51 and AP 41-23-08, northwest of Oroville was approved;
Ordinance 2208 was adopted and the Chairman authorized to sign.
PUBLIC HEARING: ATELIER CORPORATION - APPEAL OF DRAFT EIR AND H$Ti.IED"REZONE
FROM "A-R" (AGRICULTURAL - RESIDENTIAL) AND "H-C" (HIGHWAY COMMERCIAL) TO
"MHP-4" (MOBILE HOME PARK - FOUR DWELLING UNITS PER ACRE) TO ALLOW A 309
UNIT MOBILE HOME PARK ON PROPERTY LOCATED ON THE SOUTHWEST CORNER OF
FOOTHILL BOULEVARb AND OR0-BANGOR HIGHWAY, IbENTIFTED AS AP 36-22-3 & 161,
SOUTHEAST OF OROVILLE
The public hearing on Atelier Corporation appeal of draft
environmental impact report and denied rezone from "A-R" (agricultural -
residential) and "H-C".(highway commercial) to "MHP-4" (mobile home park -
four dwelling units per acre) to allow a 309. unit mobile home park on
property located on the southwest corner of Foothill Boulevard and Oro-Bangor
Highway, identified as AP 36-22-3 and 163., southeast of Oroville was held
as advertised.
Chairman Moseley advised that the Board had received letters
from Mrs. Joanne E. Dehn and George Robison regarding this matter.
SUPERVISOR WHEELER PRESENT.'AT TIME
Bettye Blair, planning director, set out the background of the
rezone. This was denied by the Planning Commission.. It is a timely appeal.
Earl Nelson, environmental review director, set out the background
of the EIR. The EIR sets out the environmental concerns and the problems.
Hearing open to the public. Appearing:
1. George Robison, representing Atelier Corporation. Mr. Robison
submitted an aerial photograph as an exhibit. Due to various expressions
of concern about mobile home zoning being requested, there areaalso photos
for consideration showing the type of homes that will placed in the community.
These photos were not submitted as an exhibit. These homes will be placed
on the site permanently. Originally the application was for 309 homes and
has been modified to 269 homes. There will be approximately eight acres
of lawn. The overall density of the project will be 3.4 per acre rather
than four units per acre. The aerial photo was made up so the Board could
see the property and the surrounding area. It was made early last week or
late the grevious week. The property to the north is rapidly developing
to urban uses. He set out where Foothill Boulevard and Oro-Bangor Highway
were located on the photo. Immediately north of the property is a subdivision.
there are sixteen homes and two duplexes. A little further north is
Copely Acres. Copely Acres is not a dense development because of the sewage
problem. To the north 'outside Copely Acres there are a large number of
homes in the area. The area around Oro-Bangor Highway to the north and
northwest and northeast is going to urban density. There is property
immediately to the south. and contiguous to the west which. is ~:n some sort
o£ agricultural preserve, Tt is used for grazing. Ttie present zone for`
the property is 'RA-R'F and "H-C" zoning. There are about 2Q head of cattle -
on the grazing land in the winder.and spring. The surrounding zoning is a
variety of zones including "H-C", "A-~R," and "A~-5"'zoning. To the south
of the property are a number of homes. The property to tLie south at the
Page 217.'
April 7, 1981
~,pzil 7,_ 19.81
B1- present time ~etains.the agxicultuxal character. Going down Roothall Blvd.
v' there are still some o~.~ve trees. He suggested-that the proposed zoning
eets the General Plan criteria, The EIR states further the criteria
ould be con§istent, The staff xeport sets forth this. He was surprised
at the staff report recommendation for denial when. throughout the report it
shows that the requested rezoning meets the criteria. It is marginally
suited for agriculture. It is not within an area generally accepted for
agricultural preserve, This property is in the path of urban expansion.
There is no proFilem with water power or utilities.
The roads are satisfactory. This requested rezone presents an
portunity to bring part of the growing population-into the. path of
ban expansion. The areas to the south and west will not have urban
velopment because of the agricultural preserve. The adverse impacts
e connected with any 'population growth. The agencies having input into
e EI12 have indicated generally although there are some significant
pacts, those will not be such to require rejection of the proposed
zone. The proposed use does meet the General Plan criteria. There
a proposed sewage disposal system for the project. It is entirely
ssible that after entering into negotiations with North•Burbank TiiTtility
strict that they could hook up to that system instead of going with
individual system for the project. There will not be septic tanks on
e project.
2. Mr. Annereau, Atelier Corporation. Mr..Annereau stated that
the project was not a mobile home park but a manufactured home community.
As of this date there are five states in the United States that have manufactured
housing community laws.. There are three counties in California with laws
covering this type of community. Mr. Annereau set out the photos of the
type of units that would be in this development. The project itself will
be surrounded by a buffer road 16 feet wide. This will act as afire
break road. The back yards face this road. On the east side of the
property there will be a 100-foot buffer area with lakes recreation and
putting areas. The lakes will be screened by trees. The sewex plant wall
be screened by trees as will the storage area. The lots will be on a long-
term lease up to and including 25 year leases. The lats will be individually
met to suit the home of the the person. The homes will be purchased by
the people. This project will be done in phases. The homes of this
type have been enlarging over a pexiod of time and some axe from 3,000 to
3,500 square feet in size. These homes are low profile. They axe in the
ground and surrounded by a cement block wall. They are about two inches
off the ground level. .This helps to make them earthquake proof. To be able
to do this type of project they had to get a vaxiance from the State Depaxtment
of Housing and Community Development. The sewer plant will be constructed
and operated by the corporation. At this time the corporation has five
such plants. The water from the plant will be recycled and used for
watering lawns and trees. The Ehamber of Commerce has told him there are
300 people per month coming into this area.
3. Curt Bette, Atelier Corporation. Mr. Betts spoke regarding
the type of housing that would be in the project. They are some of the
more spacious homes. He hoped this would answer some of the problems
with affordable housing. The homes will all be above what the manufacturer
considers standard homes. They are single family residences. The average
family is 2.5 people. They are not anticipating any large number of
children. They will not be prevented. He set out the differences between
manufactured housing anal stick housing. The manufactured housing is
regulated by the state and federal HUD standard codes, which in many
ways surpasses the uniform building code. This is top quality housing.
Typical construction is 120 to 180 days. The manufactured home is reduced
to 30 day construction period. The average. building in California costs
Page 218. April 7, 1981
81'
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,~~ril 7, 1981
Erom $50.to $10Q.pex squaxe foot, The highest top quality manufactured
louse is abouC $33 .per !square foot, There axe inspection processes for
this type of housing, The xeasan this can fieedone cheaper and faster is
because this- is done in a factory setting witfi_quantity buyLng. This is
an energy saving construction. Most fiomes are done with_R 11 insulation
and witLi the simple addition of a panel they can get R-19- insulation at
a minimum cost. They use kiln dried lumber wEiicfi_is about 14 percent
stronger. The fiousing',shortage is real, Lower cost has made home ownership
possible. Tfiese fiomes have a sharp appreciation value, The buyer profile
Eor these types of housing is an average age of 40. years old with an
average income in 1979 of $16,000. Financing is readily available.
~Tith the low profile on the homes, there is no danger of steps to enter
the home. Tfiis adds to the safety of the home.
4. Larry Burton. Mr. Burton presented two petitions as exhibits.
Phe main concern is the changing of the~~"A-R" zoning. He felt this zoning
aas working fine in the community. They did not oppose the subdivision
loneby Mr. Rogers. He was forced to hook up to the sewer. Anything built
ether than single family residences should be hooked up to the sewer. There
are over 20 new homes in that area. The streets are fine. There are over
L40 names on each of the petitions. This proposed development is detrimental
to tfieir area. The people in the development will not own the land.
Ilaere is a 19-inch main that runs down that property for sewer hook-up.
Phe are opposed to the rezone.
5. Harold Miller. Mr. Miller stated he owned the agricultural
Land near tfiis property. It borders his property to tfie south of this
Land. The drainage for his property would be where the sewer ponds will
ie located. Tf the drainagescomes through there, it would be increasedr
Lt is going through an open field. This property is fenced for cattle and
lot to keep dogs out. .This would be a serious problem. He felt that a
nobile home development would breed more mobile home developments. The
tensity creates problems. The whole side of the property is on a slanted
fill. He owned the opposite hill. He owns over 200 acres and is currently
ssed for cattle, horseback riders, and the Las Plumes cross country runners.
6. Martin Dobberfuhl.. Mr. Dobberfuhl felt those were prime
Lots. He felt that 30 homes would be better than the 200 modular homes
being proposed. Mobile homes or modular homes do not fit into the area,
one speaker pointed out the need for affordable homes for young people.
Lf this development caters to young people he could see a disaster.
Phey would only be there for a few years and would then be leaving for
letter homes. A comment made at the last meeting was that anyone who
purcfiased a home chould set the homes any direction they wanted. He did
not feel this would be good. The are three points that have not been
answered: fire protection, schools and traffic. Could the sewer even
carry this development? He would be opposed to building a sewer and
storage area 200 yards below his property.
Mr. Robison stated that the sewer plant would be at the opposite
end of the property from Mr. Dobberfui].ts. property..
7. Phyllis Arditi. Ms. Arditi did not feel Foothill Boulevard
eras adequate for traffic. Cars cannot be parked on Foothill Boulevard.
Lt is not adequate for 500 to 600 more cars.
8. Doris Miller. Ms. Miller was concerned about the zoning.
Under the "A-R" zoning a person could still fiave four units per acre. There
Ls therefore no need for a zoning change if density is the only problem.
Under the new-laws effective ,Tuly 1, mobile homes will be taxed as real
property. Thex'e is no .need for a zone change for tfiat reason. The applicants
Page 214,
April 7, 1981
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- - - - - - - - - - - - - - - - - - - - - - - - - ~ _ _ _ _ _ _ _ _ _ _
did mention iongrte7cm.leas~,ng. She asked i£ they had received a variance
from the §tate to the subdivision laws.
Del Siemsen, deputy county counsel,.stated it was his understanding
that tfie reasoing for the mobile home park request rather than a "PA-C"
zoning was to a11oGr renting and leasing without going through. the
Subdivision irTap Act.
Mr. Annereau stated they would £~e operating under Title 25 of the
California Administrative Code.
Ms. Miller felt the only issue was zoning. She felt the zoning
should remain "A-R" zoning. This does require a 60.-foot wide road. She
asked that the applicants be required to comply with the General Plan, have
an orderly development under the Subdivision Map Act and the "A-R" zoning.
Once the zoning was changed the county would no longer have jurisdiction over
the applicants and could place molil.es on the property that were over 500
square feet.
Mr. Annereau stated he lived in Kelly Ridge. The reason they
are requesting zoning and not going with a subdivision is very clear if
anyone drove into Kelly Ridge. This would allow control over the community.
There would be rules and regulations for people to live by. A "PA-C"
zoning would not work for this project. The plans are for the units
to be set at different angles. There are a variety of ways people can
place their homes. It would not fit because of the rolling hills. If a
"PA-C" were used it would cost more for the buildings. The cost of utilities
will run the cost of the operation up.
Ms. Blair stated that in Oroville there is a "PA-C" development
for mobile homes, Carriage Manor. The only restriction under the "PA-C"
zoning was the location of the mobile home relative to the setbacks. There
would be no compromise' of the availability of turning the mobiles. She
felt that the Planning Commission had been looking for a more specific
elan.
Mr. Annereau stated that a "PA-C" development was fine for
level ground but this project is not on level ground.
Ms. Blair stated that the mobile home park zoning with a density
of €our units per acre has a built in design criteria. This park does
not meet this design criteria and in some instances is greater. The
plan before the Board would not be binding in that zoning.
Supervisor Dolan stated that if the zoning were a "PA-C" development
the plan would be binding. It would also take into consideration the
terrain of the property. A "PA-C" zoning is not just designed for level
ground.
Mr. Annereau stated that the size of the homes are changing.
They expect to revise some of the development to conform to the changes in
the sizes of the homes.
Supervisor Saracens stated that there have been many things in the
past where there were problems in answering the requests by landowners
involved and the "PA-C"° zoning speaks to and would show the intent of the
program. There. would fie no change in the use with a "'RAC"" zoning.
Mr. Robison responded to some of tfie points that had been raised.
On page 3 of staff report it states that Foothill Blvd can service the traffic.
Page 4 refers to the fire response times.- Tfie availability of services
Page 220.
April 7, 1981
' _ ::~
April 7, 1481
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ W = _
91= and utilities has.been addressed. The EIg addresses .the capacity of the
b ', sewage system. .The comments of Ms. Arditi relative to traffic and
', availability of facilities has been addressed ip. the staff.report. Ms.
Millers comments have indicated she. is not opposed to the density but
would like to have the development within the."A-R" zoning. Based on the
', project being proposed it would be a better project as a ssngle project
than if it were done under the 'TAR" zoning designation.
9.. Earl Eaves. Mr. Eaves felt this project would benefit
the community.
Mr. Miller did not feel that the zone needed to be changed. There
is "A-R" zoning through most of this area. There is plenty of housing.
If they get one mobile home park, there will bore. He was not opposed
to mobile homes. He felt the entire area woul change if the zoning
were changed.
Ms. Arditi felt that if the mobile homes were anchored down
there would be a problem where the land was not owned by the person only
the home.
Hearing closed to the public and confined to the Board.
Supervisor Saraceni stated he was attempting to look at the
project that went through the Planning~ommission. There are many questions
as to it going in. He could see that the residents wanted to get a Little
more information and see that some of the things that happened do not happen
again. He felt the project should be looked at through a "PA--C" zoning
designation.
Chairman Moseley stated she had no problems with going along
with what the people were asking for. These people are having problems.
The applicant should have come in to insure what they were asking for.
She felt the sewer and drainage had adequately been taken care of.
Supervisor Dolan had a problem with granting the application.
This would be changing theccriteria. The people have received the message
from the county that if they want to preserve what they have, they should
zone. She did not think the sewer was the answer.
Ms. Blair stated that since the Board has an application for
a specific type of zoning and unfortunately the "PA-C" zoning requires
a commitment on the part of the developer and the county, she would feel
uncomfortable with the "PA-C" consideration being sent back to the
Commission unless she knew who had the responsibility for preparing the
plan.and the cost of publication for the hearing.
Supervisor Wheeler felt that if the Board sent the matter back
to the Commission for consideration of a "PA-C" zoning, the county would
then accept the financial burden fox the plan. She felt the applicant
should carry that burden.
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, finding tEie zoning does not conform to the policies of the
General Plan and the southerly and westerly portions of the project site
should be considered as being designated Agricultural Residential, the
proposed rezone was denied. AXES: Supervisors Dolan, Saraceni and Wheeler
NOES: Bhairman Moseley. ABSENT: Supervisor f,emke
RECESS: 12:55 p.m.
Page 221.
April 7, 19.81
April 7, 19.81 .
RECONVENE; 1;58.~,n},
SiJQERVISOA LEM[rE ~?~ESENT.~T THiS TIME
572 APPROVE CONTRACT ~MENDI~NT ieLZTEL CONNERI,X AND ,A,SSOC~ATE$-,~'OR OPERATION OF
Dan Blackstock, county counsel, set out the changes that had
been made to the: contract, He also had added the amendment as requested
by Supervisor Dolan relative to the keeping a complete set of records
within the Oroville area for tFie benefit of the public. On page 3,
paragraph A, line 7 there is a cFiange as requested by Mr. Connerly.
He was not necessarily recommending that the Board approve this change.
On page 4, paragraFi C f~as been modified by addition starting on line 12.
Paragraph D is a new paragraph which is a new hold harmless provision.
This makes the contractor Bold the county harmless from any liability that
he commits. On Page 4, paragraph E there is the requirement of the federal
procurement regulations. On page 5, line 6 Supervisor Dolan's recommendations
are placed.
Pat McCafferty, Connerly and Associates, felt the changes were
fine. The provisions of the changes are fine except for the new fifth
page, As he had discussed earlier, they would prefer the flexibility
that would require they to have copies available in Oroville. He would
be willing to leave that to the spirit of the Freedom of Information Act without
this provision.
Supervisor Lemke felt that the county is requiring Connerly and
Associates to maintain the records for three years after county payment and
for those records to be available. He could not help but feel that
maintaining a complete set of records for the public in the Oroville area
was superfluous. The records are to be available. He felt that was more
than sufficient. He felt that working with th~ontract administrator,
the administrator would have a good deal of in ormation on file.
Supervisor Dolan stated it is in the contract for the duly authorized
representative of a governmental agency. She was asking for what the- county
had now. She felt that at this time, the public has the same access as
the county does to any papers in the county. The contract has a couple
of provisions not recommended by Counsel and that are not in contracts
with other private agencies.
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and carried, the contract amendment with Connerly and Associates was
adopted deleting line 6 and 7. AYES: Supervisors Lemke, Saraceni, Wheeler
and Chairman Moseley. NOES: Supervisor Dolan.
573
APPEARANCE: ROY RONEY
Mr, Roney asked what the status of the lawsuit brought by the
County of Butte against Southern Pacific Railroad Company was. Anita
Road is being taxn up by the use of an industrial site. He would like
some reassurance that the road would be repaired.
Mr. Roney spoke regarding the presentation~nmade last week by
Mr. Coo"lby and the Land Development Committee, He agreed in principle.
He felt that there should be a reorganization fey combining some of the
departments. He was concerned with the presentation relative to the
fact that farmers are developers too. He hoped that the intent of the
Land -evelopment Review Board was not directed to the farmex developers
in their agricultural practices,
Supervisor Lemke stated that the primary objective was relative
to the streamlining ofl,the development process: relative to building and
subdivisions.
Page 222,
April 7, 1981
81'
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574
April 7, 19.81
Mr. Roney felt that the proposal might make the time period even
longer foY the development to be completed, He felt that the matters would
probably end up at tlie!BOazd level anyway.
Bettye Blair, planning director, stated she had not attended the
presentation. It appeared the thrust of the discussion seemed to be for
land development/suB.divisions. Unfortunately .the planning law does
not allow for additional appeal processes to the planning process, use
permits, variances, zoning and General Plan. There is a Planning
Commission to handle the planning process.
Dan Blackstock, county counsel, stated the way he read the
proposed organization is that this-would tze a dual appellant processconly
for subdivision. when. zoning is discussed, the process that must be used
is set out in the Government Code. There is no way for a dual appellant
process.
Mr. Roney spoke regarding the fire standards. He hoped that
the safety factor was taken into consideration by the committee when a
development is being done. He felt the public should Be~aware of the
proposal. There are many changes and apply to procedures for people that
are trying to develop their property.
Supervisor Lemke felt they were probably still on target. He
could hesitate for the public to be considering this .proposal as the final
document. This document is being sent back to the departments effected
Eor comments and a report back to the Board. This proposal is very
simplistic in scope. As each stage is arrived at, this opens ug another
3oor. He felt that after the reports are received from the departments
a public hearing would be held.~~
Supervisor Wheeler did not feel that this proposal would be
circumventing the process to allow intrusion into sensitive areas. The
consideration of this groposal has been worked on for over four years.
£here are sgecific laws that must be addressed.
Administrative Office to send draft copies of the Land Development
Committee proposals to the libraries.
?UBLTC HEARING: BUTTE COUNTY PLANNING COhkMISSION DRAFT EIR AND GENERAL PLAN
AMENDMENT TO THE LAND USE PLAN 6F THE BTGGS-GRIDLEY AREA
The public hearing on the Butte County Planning Commission draft
environmental imgact report and General Plan amendment to thc~i.and Use Plan
~f the Biggs-Gridley area was held as continued.
Bettye Blair, planning director, set out the background of
the change. The Commission recommended that that portion of the Fillmore
property north to the canal be low density. She asked that the Board
Hake only a motion of intent on this matter and that it }ie continued to
April 21, 1981 to allow another application to come forward.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded lay Supervisor Dolan
and unanimously carried, a motion of intent was made to certify the
EIR sufiject to information required being inserted and also to approve
the General Plan amendment of the Land Use Plan for Gridley-Biggs area
subject to those areas slated for change as recommended fiy the Planning
Commission.
Page 223.
April 7, 1481
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577
578
579
580
_ _ _ _ _ _ _ - _ _ Agzil 7z 14-SI-
The clpsed hearing was continued to April 21, 19-81.
APPROVE REVISEDDRUNK DRI'9ING PROGRAM WI,TIi ADLIF'E *~ kIENTAL HEALTIi
On motion of'Supervisor Dolan, seconded.Fiy Supervisor Wheeler
and unanimously carried, the contract with. Adlife for development,.
implementation and operation of the Drunk Driving Program babe more
specific and definitive as to what is required undex the agreement, to
clean up the language of the original agreement and to purge the file of
unneeded documents was approved and the Chairman authorized to sign.
PUBLTC HEARING DATE SET
A public fiearing date of April 28, 19-81 at 10-:00 a.m. was set
for consideration of Gerald K, Hood petition for variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home on
AP 56-I5-23, Route 1, Box 483 G, Cohasset Stage, Chico area. Zoning: "TNF-5"
On motion of Supervisor Lemke, seconded by Supervisor Wheeler
and unanimously carried, renewal of variance to Sections 19-10 and/or 19-12
of the Butte County Code for placement of a mobile home on AP 2i-23-22,
227 W. Evans-Reimer Road, Gridley area, zoning: "A-2" for Richard L. Gregg...
was approved,
APPROVE HEALTH EDUCATION RISK REAUCTION INVENTORY AGREEMENT - PUBLIC HEALTH
On motion of Supervisor Lemke, seconded by Supervisor Wheeler
and unanimously carried, the agreement with the State Department of Health
Services for the preparation of an inventory of health education risk reduction
services in Butte County with. the department proposing to complete the
inventory with extra help personnel in an amount not tc exceed $3,000 was
approved and the Chairman authorized to sign.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the following Public Works items were approved:
1. Agproved amendment No. 2 with David Kamp, dba Chico Clipper,
that provides for the City of Chico and the county tosshare in the cost
of the Clipper on a percentage basis with the county's share o£ the cost
being approximately 36% and Chico 64% with the percentages being determined
after a study of representative sample of city and county tickets collected
by the contractor and the Chairman authorized to sign.
2. Waived the first reading of ordinance establishing a 35 miles
per hour speed limit on Skyway (Paradise Pines area).
A public hearing date of April 28, 19-81 at 10-:30 a.m. was set for
consideration of The Lowen Company draft environmental impact report and
rezone from "A-2" {general} and "R-1" {single family residential) to "PA-C"
(planned area-cluster) to allow the development of 44 residential dwelling
units on groperty located on the southwest side of State Highway 99, on both
sides of Estates Drive, identified as AP 40-35-04, 13 and 14 and AP 40-02-124,
southeast of Chico.
581 IREPORT TO THE BQARD -~ WILLIAM NOLAN DRAFT EiR AND DENIED REZONE
The report tq the Board on WY~lliam Nolan draft environmental impact
report and denied rezone from "FR-10" {foothill recreational - 10 acre parcels)
to "FR-5" (foothill recreational -- five acre parcels}, property located on
both sides of the Craig Recreation Access Road, approx%mately 500 feet north
of Lumpkin Road, identified as AP 71-15-01, approximately 15 miles northeast
of Oroville was accepted for information.
page 224.
April 7, lssl
- _ _ _ _ _ _ _ _ _ - _ ~~xi1 73 1481_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
61~ 582 LATE REQUEST ~'O~j DEk'E~AL .9,GREEMENT ON $ACR,(~MENTO.~~ENUE ASSESSMENT DISTRICT
3 FOR _L~1Tn1RENCE _ AND RASE JOHN_SON "~ CONTINUED TO A~RTL 14i 1981
Consideration of tffe late Yec~uest ~or.deferral agreement on Sacramento
Avenue Assessment District for Lawrence and Rose Johnson was continued to
April 14, 1481,
583 APPOINTMENT TO AGRICULTURAL ADVISORY COMMISSION, AISTRICT 5 - CONTINUED
TO APRIL 14, 19.81.
Appointment to the Agricultural Advisory Commission, Aistrict 5
was continued to April 14, 1981.
584 APPOINTMENT TO THE HOUSING ELEMENT TASK FORCE
On motinn of Supervisor Lemke, seconded fiy Supervisor Dolan
and unanimously carried, E. M. West was appointed to the Housing Element
Task Force, District 5'.
On motbn of Chairman Moseley, seconded by Supervisor Wheeler
and unanimously carried, Patricia Furr was appointed to the Housing Element
Task Force, District 4.
585 APPOINTMENT TO MENTAL HEALTH ADVISORY BOARD - CONTINUED TO APRIL 14 1981
Appointment to the Mental Health Advisory Board was continued to
April 14, 1981.
586 APPOINTMENT TO THE BUTTE COUNTY HEALTH PLANNING COUNCIL
On motion of'Supervisor Dolan, seconded by Supervisor Lemke
and unanimously carried, Virginia Ramshaw was appointed to the Butte County
Health Planning Council.
587 APPOINTMENT TO BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT _ CONTINUED TO
APRIL 14, 1981
The appointment to the Butte County Mosquito Abatement District,
District 5 was continued to April 14, 1981.
588 AUTHORIZE ADDITIONAL REPRESENTATIVE ON ALCOHOL ADVISORY BOARD
On motion of Supervisor Dolan, seconded liy Supervisor 5araceni
and unanimously carried, an additional representative of the general public
~o the Alcohol Advisory Board was authorized and the Administrative Office
was directed to post the special notice.
589 APPOINTMENT TO THE COUNTY JUSTICE SYSTEM ADVISORY GROUP _ CONTINUED TO
APRIL 14, 1981
Appointment to the County Justice System Advisory Group was
continued to April 14, 1981.
590 SUPPORT AB 649 (BATES) WAIVING OF 10% COUNTY MATCH BEXOND JULY 1, 1982 FOR
MENTAL HEALTH PROGRAMS
On motion of Supervisor Lemke, seconded ~y Supervisor Dolan
and unanimously carried, AB 649 (Bates waiving of the 10% county match
beyond July 1, 1982 fox mental health programs was supported,
59i OPPOSE DEPARTMENT Ok' ~'AOD AND AGRICULTURE REGULATIONS TO 24-HOUR NOTICE
OF INTENT (NOIZ FOR PESTICIDE APPLICATION
On motion of Supervisor Dolan, seconded ~y Supervisor Wtreeler
and unanimously carried, a letter is to be written to Mr. Rominger,
Department of Food and ,Agriculture in opposition to the Department of
Food and Agriculture regulations to 24=hour notice of intent CNOI~ for
pesticide application in that the county is more interested in results.
and this regulation is .unnecessary.
Page 225.
April 7, 1481
81- 542
593
?~pr;l 7, 19.81 '~
Ok'F AGENDA T,TE~IS TQ BE BROUGHT UP BX BOARD MEMBERS..TO BE ~ANNQUNCED AT THE
BEGINNING OF-THE 'MEETING
SuperyisgX Dolan felt the Board should adopt a policy relative
to off agenda items by Board members.
Supervisor Lemke did not want to b.e tied in. The item could
be moved to the 11:00 time slot.
Supervisor Dolan stated that the Board is aware of the agenda
process.. The Board knows who to call to get something on the agenda.
Supervisor Lemke did not oTi~ect to that. There are times that
he receives information on Monday and he wanted the ability to talk about
the item on Tuesday.
Supervisor Wheeler stated she had two letters that staff had
given, her for final approval today.
Supervisor Dolan hoped they were not for expenditures of funds.
She was not talking about announcements.or reaffirming an existing policy.
The things she had trouble with was when things were brought up and she
did not have a complete package of information on them. This does not
allow time for people to speak ontthese issues. She was talking about
lexpenditures of money, ,new policies and the initiation of the redistricting
was off the agenda. Certainly things that are urgent should be considered.
Many times the Board takes action on an item and tfien ends up discussing
them the followflig week 'because they were brought up off the agenda.
She felt the Board-might want to consider announcing the items they
were going to be bringing up at the start of the meeting so that if
there are questions they can be answered before the matter is discussed.
The off agenda items could then be handled at the end of the meeting. The
Board could announce their items after approval of the minutes. This
would only be for Board members.
Supervisor Lemke stated this could be under item 2A in the
agenda, listed as Board additional agenda items. He felt this was a good
idea.
COMMUNICATIONS
McCain Associates, Chico. The engineers, on behalf of Joseph L. Brownfield,
write appealing the Advisory AGencyFS condition 9 to tentative
parcel map, AP 47-33-14 and 15 (two parcels for tax code purposes)
four lots, property located on the north side of Keefer Road,
approximately one mile east of State Route 99, north of Chico.
Set for hearing April 28, 1981 at 10:15 a.m.
Mrs. Joanne E. Dehn, E1 Cerrito. Mrs. Dehn writes forwarding information
with regarditn her opposition to the Atelier Corporation rezone
hearing scheduled for April 7. Handled earlier in the meeting.
George Robison, attorney at law. Mr. Robison writes forwarding information
concerning the Atelier appeal of denied rezone set for hearing
on the agenda. Handled earlier in the meeting.
James P. and Ruth Solomon, Magalia. Mr. and Mrs. Solomon write stating
theix opposition to the proposed R. Grant Cline rezone scheduled
for hearing before the Board on April 21, 1981. To be considered
at the time of the hearing,
North. Burbank Public Utility District. The district writes forwarding information
concerning tax revenue negotiations on new annexations to the
District. Tnformatfionfs action taken.
Page 226. April 7, 1981
8I•
April 7, 1481
:ighborhood Church., Chico, The church writes. advising their support of
the drug paraphernalia ordinance that the Board has adopted.
Information; no action taken.
Butte County Employee's Association. The Employee's Association writes
requesting tEtiat the Board amend Section 13.2 of the Personnel
Rules adding an additional representative to the Deferred
Compensation Advisory Committee. Handled earlier in the
meeting.
Butte County Employment and Training Advisory Council. Jim Ryan, chairman,
writes requesting tFiat the Board consider a change o£ policy with.
regard to CETAC voting requirements and requests that a resolution
be adopted amending the current procedure to provide that a majority
of the quorum present can take official action. Handled earlier
in the meeting.
Butte Economic Development Corporation. The corporation writes asking the
Board to determine that the Private Industrial Council meets the
required representation requirements of federal regulations.
Handled earlier in the meeting.
Rodney Mims, attorney at law. The attorney, on behalf of Stephen D.
Kern, files an application for late claim and claim in the
amount of $52,859.08 as a result of alleged injuries that incurred
as the result of an accident accurring on November 12, 1980 in the
Oroville area. See motion following communications.
Forest Ranch Community Association. The association writes requesting
the Board establish an ordinance which will ban the use of
herbicides in the forest and foothill watershed areas. Discussed;
no action taken.
Robert S. Mann et al, Paradise. A letter has been received with regard to
uncontrolled flooding onto lots, AP 65-16-00.5 and AP 65-16-015,
caused by failure to divert storm water collected by a roadway
in the Paradise Pines area. Discussed; referred to Public Works.
State Health and Welfare Agency. The agency forwards information with
regard to development of a state master plan for refugee
resettlement. Information; no action taken.
U.S. Department of Commerce - Bureau of the Census. Notification has
been received that the final 19.80 census reflects a population
in the county of 142,851 and housing units, 61,360. Information;
no action taken.
Francis and Juanita Johnson, Oroville. The Johnson's write requesting
an interim mobile home zone be placed on their property,
AP 035-14--3--032, south Oroville area. Referred to Planning
for a report back on Agril 14, 1481.
Upper Ridge Coordinating Council. The council writes in support of
moving the Sheriffs substation to the upper ridge. lnformation;
no action taken.
California Women in Agriculture. The organizatf:on writes with regard
to the North'Carolina nuisance ordinance and asked that the
Board endorse said ordinance.. Information; no action taken.
Page 227,
April 7, 1981
?,pril 7, 19.81
$1- 544 REJECT APPLICATION TO PRESENT LATE CLAIM ~ STEPHEN D. KERN
3' On v~otian of :Supervisor.Lemke, seconded_~Tiy.Supervisor Aolan
and unanimously carried, the application for late.cla3~n and claim in the
mount of $52,859:..08 as a.result of alleged injuries: tfiat incurred as
as result of an accident occurring on November l2, 19.80. in the Oroville
area was rejected and referred to Counsel and Risk 1~ianagement Coordinator.
CHAIRMAN MOSELEY ABSENT AT THIS TIME
595 AUTHORIZE SENDING OF LETTER TO FEBERAL REPRESENTATIVES AND TO CHAIRMAN
OF BOARDS OF SUPERVISORS OF NTNE NORTHERN COUNTIES RE: LEGAL SERVICES
On motion of Supervisor Wheeler, seconded by Supervisor Lemke
d carried, the letter to the federal representat%ves and to the
airman of each Board of Supervisors of the Nine Northern Counties
sociation relative to Northern California Legal Services request for
audits andaasking each Board for 'support was authorized. AYES:
pervisors Lemke, Saraceni and Wheeler. NOES: Supervisor Dolan
SENT: Chairman Moseley
CHAIRMAN MOSELY PRESENT AT THIS TIME
596 ADMINISTRATIVE OFFICE TO SEND LETTER TO LEGAL COUNSEL FOR BUTTE COUNTY
LAW ENFORCEMENT OFFICERS-'ASSOCIATION ADVISING THE BOARD TS NOT INTERESTED
TN NEGOTIATING RELATIVE TO OVERTIME AT THE PRESENT TIME
Chairman Moseley advised that the Board on March 31, 1981,
mute order 81-543 had received a letter from Marsh and Marsh relative
to a request that the existing overtime policy being applied to deputy
sheriffs be reviewed on an urgency basis with the Personnel Director.
Clarification of action taken was that the Administrative Office
is to send a letter to'legal counsel £or the Butte County Law Enforcement
Officers Association advising that the Board is not interested in
negotiating at the present time.
597 ADDITIONAL MATTER PRESENTED COUNSEL
Dan Blackstock, county counsel, advised that the Board had
said they were putting, the libraries out to bid on April 7, 1981. The
reason this is not out, is that some of the general conditions for the
Gridiey Library and corrections to the Chico Library have not been completed.
The matter will be coming back on April 14, 1981.
EXECUTIVE SESSION: The Board recessed at 3:12 p.m. to hold an executive
session regarding litigation.
RECONVENE: The Board reconvened at 3:32 following an executive session
regarding litigation. No announcements to be made at this time.
There being nothing further before the Board at this time, the
meeting was adjourned at 3:33 p.m. to reconvene on Tuesday, April 14, 1981
at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK-
RECORDER and ex'=officio Clerk
of the oard of Supervisors
CEiaxman, Boar o Supervisors
By
Page 228.
April~7, 19-83