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HomeMy WebLinkAboutM041382April 13, 1982 of caLiFat~ia ) ss. OF BUTTE ) 82 639 640 The Board of Supervisors met at 9:00 a.m, pursuant to adjournment. Present: Supervisors Fulton, Moseley and Chairman Vdheeler. 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: Supervisors Dolan and Saraceni Pledge of allegiance to the Flag of the United States of America Invocation by Chairman Wheeler CLOSED SESSION: The Board recessed at 9:03 a.m. to hold a closed session regarding litigation. RECONVENE: The Board reconvened at 9:08 a.m. after holding a closed session. regarding litigation. No decision was made at this time. The session will be continued to later in the afternoon. SUPERVISORS DOLAN AND SARACENT PRESENT AT THIS TIME APPROVAL OF MINUTES - CONTINUED TO APRIL 20, 1982 Continued to April 20, 1982 approval of the minutes of March 31, ADDITIONAL AGENDA ITE1~15 (BOARD MEMBERS) TO BE ADDRESSED AT THE END OF THE DAY Supervisor Moseley would like to discuss the Supervisors' salary cut which was passed last week. Supervisor Saraceni would speak to the same issue. 641 642 643 Chairman Wheeler indicated she had several announcements. One was in regards to SB 319 regarding water legislation. There will be a work shop coming up through Planning Department. There was a letter from the Mental Health Board regarding appointments. ~ Supervisor Saraceni would like to speak on the Fish and Game ,meeting held last night. (AUTHORIZE AWARD OF CONTRACT - BUTTE COUNTY FAIR FOR RESURFACING GRIDLEY POOL On motion of Supervisor Moseley, seconded by Supervisor Saraceni and unanimously carried, the low bid for a contract to resurface the Gridley Pool, as recommended by Butte County Fair Director, in the amount of $22x542 by Delta West of Lodi .was awarded." - LOCAL AREA CERTIFICATION STUDY -- INFORMATION Submitted as information was the Department of Housing and Urban Development report on Local Area Certification Study on comparative study and review between county subdivision approval standards and those of HUD/FHA at this time. DISCUSSION: ANIMAL CONTROL INCREASE IN USER FEES - CONTINUE TO APRIL 20, 1982 Discussion regarding the animal control increase in user fees was held at this time. Chairman Wheeler indicated they had backup information and the Committee did meet. She was having difficulty with the kinds of increases being made. Supervisor Saraceni felt there might be an increase which would be extensive and less income coming in with the fees and circumstances. Page ' 397. April i3, 1982 April 13, 1982 Supervisor Dolan questioned if they wanted to refer the matter to the Committee. Tt could be done so it.is active for•the fiscal .year. She felt it was an increase of dog licensing fees. 8 2- a Mike Pyeatt, interim administrative officer, stated the present contract is 95 percent to the contractor and 5 percent to the county. The new proposal indicates 90 percent to the contractor and 10 percent to the county. Referred to the Committee for a•report back•on April 20, 1982. 644 APPROVE BUDGET TRANSFERS On motion of Supervisor Saraceni, seconded by Supervisor Moseley and unanimously carried, the following budget transfer was approved: B-190 - Probation. To appropriate funds from AB 90 Program carryover from 1980-81 fiscal year to establish various line items for program operation. 645 APPROVE PUBLIC HEALTH ITEMS On motion of Supervisor Saraceni, seconded by Supervisor Fulton and unanimously carried, the following Public Health items were approved: 1. Approved variance renewal ~o Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 65-07-026, 6341 Rambling way, Magalia area, zoning: "TM-5" for David & Joann Wilson. 2. Approved variance renewal to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 25-03-30, 2321 Oakwood bane, Oroville area, zoning: "A-•2" for Ruby Bowles. 3. Approved variance renewal to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 22-16-042, 2896 4th Street. Biggs area, zoning: "A-2" for Billie Terry. 6461 APPROVE 1981-82 STANDARD AGREEMENT FOR COUNTY HEALTH SERVICES -- PUBLIC HEALTH Mike Pyeatt, interim administrative officer, stated the agreement has been prepared. The amount being proposed is about $95,000. The revenue was anticipated in the 1981-82 budget. The county does have an obligation under the plan by AB 8. There is no increase. It is a complicated formula. Dr. Richard Svihus, public health director, stated this is not additional money. It was budgeted in the beginning of the year. They have been waiting for the contract so they could received the AB 80 money. On motion of Supervisor Dolan, seconded by Supervisor Fulton and unanimously carried, the agreement for 1981-82 Standard Agreement for County Health Services for reimbursement of costs to a maximum amount of $1,198,135 was approved and the Chairman authorized to sign; and submittal to the State of California was authorized. 647 648 APPROVE 1981-82 NURSING SERVICES CONTRACT - PUBLIC HEALTH On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, the 1981-82 Nursing Services Contract with the Butte County Superintendent of Schools for certain public health nursing services per the 1981-82 budget in the amount of $17,400 was authorized and the Chairman authorized to sign. PROVE MILK EXAMINATION CONTRACT - PUBLIC HEALTH On motion of Supervisor Dolan, seconded by Supervisor Fulton and animously carried, the Milk Examination Contract for 1981-82 for submittal Page 398. April l3, 1982 8 2- ~I ~____ _______=&psi1,13~19$2__________________ to the State of California in the amount of $2,498.89 was approved and the Chairman authorized to sign; submittal to the State of California was authorized. ADOPT RESOLUTION 82-60 - NEAL ROAD LANDFILL FEES - PUBLIC WORKS Clay Castleberry, public works director, stated he understood the Board continued the matter to study it further. He recommended approval. 649 Chairman Wheeler stated there had been a request to study all existing contracts to-see if-they. could be cut by 10 percent. She understood the cost to the consumer would be three and one-half cents per can per month. ; Mr. Castleberry stated the county was not divided into collection areas. The contract does not speak to this. This would get away from the free enterprise. They are asking for two-thirds of the cost-of-living increase. This would give them $4,000 per month for additional income to the operator. It would be less than two-thirds as it is split between two years. He has the right to ask for it each year. He did not receive it last year. For active collectors there will be an increase of 15 percent to 17 percent. They pay on a cubic yard basis. The rate is going from 80 cents to 95 cents. This is based on the past records of single cars, bins and large trucks. It is within the percentage indicated by the Auditor's letter which was forwarded to them. There is a traffic flow count, it was a requirement of the original agreement. When the county was handling the operation a man did the count. Supervisor Saraceni would like a traffic count to show the number of loads going through the site. Mr. Castelberry stated the Taxpayers Association had indicated it should pay for itself. It has done so. Supervisor Dolan questioned what the alternatives were. Mr. Castleberry stated the contractor could stay with them, he could sue the Board; he could abandon ship and the county would have the operation. It was moved by Supervisor Moseley, seconded by Supervisor Saraceni, that changing the Neal Road landfill rate increase for gate fees per the current contract; to collect enough money to keep the operation self-supporting and fulfill the contract that is currently in effect; Resolution 82-60 be adopted and the Chairman authorized to sign. Supervisor Moseley was concerned the fees would impose hardships on the people. She suggest economy measures be used where possible. Mr. Castleberry stated he was directed from the Board to negotiate for the septic ponds and.the operator was willing to spend the money to build them, as he felt within six months it would pay ,for itself. They have had reasonable cooperation. Mr. Castleberry did not want to take the operation over, he did not want any problems. Supervisor Moseley stated she was having problems with fee increases. If it were not in the present contract, she would have no problem voting no. Vote on motion: AYES: Supervisors Dolan, Fulton, Moseley, Saraceni and Chairman Wheeler NOES: None Motion carried. Page 399. April 13, 1982 82- b50 b'' __ April_13, 1982 __ _______ ____ APPROVE OWNER BUILT RURAL DWELLINGS (K CODE) Discussion of owner built rural dwellings (K Code) was held at this time. Supervisor Fulton stated he had met with Mr. Boyden, Mr. Glander and Harold Sullivan and they discussed the owner built rural dwellings. He understood most of it. There were three major concerns: sewer, fire and emergency. It would cover a two year test area which includes parts of District 1 for single family only. He has been assured there would be no fiscal impact on the county. The Board would pick the monitoring and review committee. They would direct staff to develop a report as necessary. He did not have any real problems with it. Supervisor Dolan questioned what Supervisor Fulton had no real problems with. Was it the revised code as submitted, all of it or the amendments. Supervisor Fulton stated he did not have any problems with the concept for owner built codes. Supervisor Dolan indicated it was not clear to her. The assurances are that there will be no impact to the county. The fees are much less than everyone elses. It will take staff time to review the committee's reports. She questioned if it wasn't another bureaucratic level. Mr. Boyden, member of committee, stated they discussed the issue of fees with Supervisor Fulton. They agreed to take a look at fees for a direct cost basis. That will be done before it comes into effect. There will be no impact to the county. On the subject of aesthetics and appearances, that paragraph was taken out of the code. It now states the same as the California Uniform Building Code. Supervisor Saraceni stated he was in support. Chairman Wheeler stated she recognized the need in this particular area. She did not feel she was in a position to vote for or against. She had discussed this issue with Mr. Boyden. She owns property in the test area. She felt it would be a conflict to vote. She was concerned about the pro- tection of the health and welfare of future builders. There should continue to be a review. They must be careful on the future buyers of the property. It was moved by Supervisor Fulton, seconded by Supervisor Saraceni to approve the owner built rural dwelling (K Code) code and direct staff to develop a fee schedule; to monitor the fee schedule that there is no impact on the treasury of Butte County. Chairman Wheeler stated that it be for a specific designated area per the map which was posted on the wall. Supervisor Saraceni stated in reviewing what has been proposed, he did not find that this would jeopardize public health. He felt all of those items had been addressed. It would enable you to use natural materials in building your home. It could be accomplished in gradual steps. Vote on motion: AYES: Supervisors Dolan, Fulton, Moseley and Saraceni NOES: None ABSTAINING: Chairman Wheeler Motion carried. Mr. Glander stated they would bring back a fee schedule for consideration. Page 400. April 13, 1982 82- 651 V''' 652 653 654 655 _ _ April13L1982=___-- _-- --___ _,_ - _ - - _ _ = W = _ _ _ - - _ - - - - - - - - - - - - APPROVE PUBLIC-WORKS ITEMS On motion of Supervisor Saraceni, seconded by Supervisor Dolan and unanimously carried, the following Public Works items were approved: 1. Approved Contract Change Order No. 2, in the decreasing amount of $262.20 which provides for revising steel plates lateral guides on bridge piers and abutments for Table Mountain Boulevard Bridge, Project No. 28491-76-i; Contract Change Order No. 10, in the increasing amount of $18Q.83 which provides for placing a steel pipe liner for utility line openings through Pier 4; and Contract Change Order No. 13, in the increasing amount of $180.71 which provides far revising anchor assemblies for the expansion dam and the Chairman authorized to sign all contract change orders. 2. Approved Miller Creek timber sale - forest development road cooperative agreement which covers maintenance of a portion of Humboldt Road by the U. 5. Forest Service with no county funds involved; and the Director of Public Works authorized to sign. DTSCUSSION: REVISION TO SUBDIVISION IMPROVEMENT STANDARDS - CONTINUED TO NAY 4, 1982 Discussion was held regarding revision to subdivision improvement standards at this time. Clay Castleberry, public works director, stated Supervisor Saraceni has some suggestions and Supervisor Dolan has not seen them. He suggested sending it back to the Land Development Committee. Chairman Wheeler stated she did not want this item to come back on the agenda until the Land Development Committee had reviewed it. Continued to May 4, 1982 the revision to-subdivision improvement stands to allow the Land Development Committee to review and respond. ADDITIONAL ITEM BY PUBLIC WORKS DIRECTOR Clay Castleberry, public works director, stated there would be a California Transportation Commission meeting for public input on county min- imums (SB 215) which Butte County feels is being robbed. It will be held May 21, 1982 in San Francisco. There is also a meeting in Sacramento on Friday, April 16, 1982. Chairman Wheeler and Public Works Director to attend the meeting in Sacramento. ADOPT RESOLUTION 82-61 SETTING PUBLIC HEARING DATE FOR ABANDONMENT OF PUBLIC UTILITIES EASEMENT On motion of Supervisor Dolan, seconded by Supervisor Saraceni and unanimously carried, Resolution 82-61 setting a public hearing date of May 18, 1982 at 10:00 a.m. for consideration of abandonment of public utilities easement, Lot 282, Unit 3, Kelly Ridge Estates, Oroville for Matt Pearson was adopted and the Chairman authorized to sign. ADOPT RESOLUTION 82-62 SETTING A PUBLIC HEARING DATE FOR ABANDONMENT OF ALL EASEMENTS WITHIN PARADISE PINES UNITS AND PARADISE PINES COUNTRY CLUB ESTATES On motion of Supervisor Dolan, seconded by Supervisor Saraceni and unanimously carried, Resolution 82-62 setting a public hearing date of May 18, 1982 at 10:00 a.m, for consideration of Butte County Department of Public Works abandonment of all easements within Paradise Pines Units 2, 4, 5, 6, 8, 10, 11, 13, 14 and 15, and Paradise Pines Country Club Estates Units 1, 2, 3, and 4, excepting therefrom all drainage easements and any easements which the Property Owners Association, Pacific Gas and Electric, Pacific Telephone and Del Oro Water Company wish to retain was adopted and the Chairman authorized to sign, page 401. April 13, 1982 8 2- ~''. ------ April. 13, 1982 -_ :CESS: 9:47 a.m. :CONVENE: 10:03 a.m. 656 REPORT ON THE REQUEST OF MANFRED SCHIDECK TO CLEAR TITLE ON AP 28-17-64 - CONTINUED TO APRIL 20, 1982 A report on the request of Manfred Schideck to clear title on AP 28-17-64 from County Counsel's office was held at this time. Jim Griffith, deputy county counsel, had discussed the issue with County Counsel Del Siemsen. He indicated a fine had been assessed against the owner of the property, which in effect was a lien. It is blocking the parceling .of four sections. It is a county lien at the rate of seven percent. Mr. Siemsen recommends 1) require the rate amount be made prior to recommend- ation; 2) have the lien made applicable to each four parcels with increasing of 12 percent to 13 percent rate of increase for processing note; or 3) leave the situation as is. Mr. Siemsen would recommend against having a note be secured for less than the total required property, Bill Geddis, 463 OroDam Boulevard, Oroville, set out the background on the problem. Mr. Schideck purchased the property from, Robert and Betina Clark which was the subject of litigation. The Clark's paid several fines and used the deed of trust to Mr. Schideck's property. Mr. Schideck had nothing to do with the land fraud. He did not feel it was fair to penalize Mr. Schideck when he wanted to subdivide the property into four parcels. The total amount owed to Butte County is $4,000 on.40 acres. It would be more information for the Assessor to correct to place the charge on the four parcels. Mr. Geddis suggested assigning the not of deed to the north end where the house and well is located. Mr. Griffith stated Mr. Siemsen recommended against doing that. He was not sure of the reason. He was clear that there be adequate security for the entire amount. Mr. Geddis stated Public Works has a copy of the deed of trust. and title report. He would hope fox an equitable decision. The matter was continued to April 20, 1982 with copies of the ', title report to be sent to Board members. 657 FUBLIC HEARING: BUDGET TRANSFER: MENTAL HEALTH. ESTABLISHES INCREASES IN VARIOUS LINE ITEM APPROPRIATIONS TOTALLING APPROXIMATELY $67,700 FROM UNANTICIPATED REVENUES ', The public hearing on budget transfer Mental Health. Establishes increases in various line item appropriations totalling approximately $67,700 from unanticipated revenues was held as advertised. Mike Pyeatt, interim administrative officer, stated the various ', line items are complicated. They do have the total, There are unanticipated ', Mental Health fees which are paid by insurance and Medicare. They are spent to several other accounts within the operating budget. They did transfer ', $8,900 from professional services to accomplish this. ', Hearing open to the public. Appearing: No one. ', Hearing closed to the public and confined to the Board. ', Supervisor Moseley questioned if the money coming from insurance companies went into the General Fund. ', Mr. Pyeatt stated it goes into the county to off set the costs. There are a number of determining factors of which the Short Doyle funds is one. rage 402. April 13; 1982 8 2- 658 April 13, 1_982 _ _ _ _ _ _ -y - - - - ... - ~ - - - - - - - J. - - - - - - - - - ... - - - - - - On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, the budget transfer for Mental Health which establishes increases in various line item appropriations totalling approximately $67,700 from unanticipated .revenues was approved. PUBLIC HEARING: HARRY MARSH PETITION FOR VARIANCE TO SECTIONS 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON AP 36-11-3-54, 3432 ORO BANGOR HIGHWAY, OROVILLE AREA ,_ ZONING: INTERIM "ARMH" The public hearing on the Harry Marsh petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 3&-11-3-54, 3432 Oro Bangor Highway, Oroville area, zoning: interim "ARMH" was-held as advertised. Lynn Vanhart, environmental health director, stated this item was in order. It is a father and son relationship. An interim zone was approved several weeks ago for this individual. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to ,the Board. 659 On motion of Supervisor Saraceni, seconded by Supervisor Moseley and unanimously carried, a petition far variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 36-11-3-54, 3432 Oro Bangor Highway, Oroville area, zoning: interim "ARMH" for Harry Marsh was approved for a period of one year. PUBLIC HEARING: ELMER STEBBINS APPEAL OF ADVISORY AGENT`S DENIED TENTATIVE PARCEL_MAP FOR"WHICIi NO~ENVTRONMENTAL DOCUMENT WAS`.PREPARED; AP 71-01-96, FOUR PARCELS, ON DEER MEADOrl7 ROAD, APPROXIMATELY 800 FEET SOUTHWEST OF TURNAGAIN LANE, HARTS MILL AREr'1 - CONTINUED TO LATER IN THE MEETING The public hearing on Elmer Stebbins appeal of .Advisory Agency's denied tentative parcel-map for which no environmental document has been pre- paredAP 71-01-96, four parcels, on Deer Meadow Raad, approximately 800 feet southwest of Turnagain Lane, Harts Mi11 area was held as advertised. Bettye Kircher, planning director, stated this was a complex problem. The Advisory Agency found there was no appeal process on the impact report. The Advisory Agency chose rather than require an impact report could not find a negative declaration so denied it and Sent it forward to the Board. County Counsel felt the Board should determine if an impact report should be required. They have copies of the Planning Director's position in a memo to the Advisory Agency. Hearing open to the public. Appearing: 1. Mike Evans, Ron Graves Engineering, Oroville, stated they have not been in a big rush. Mr. Stebbins is willing to wait for the economy to improve. Mr. Stebbins requested they prepare a parcel map and submit to Planning Department and obtain a zoning report. There was no red flags. They requested an impact report. They attempted to divide the parcel as best they could. There is a ridge at the top. There is enough area to allow a division with four parcels utilizing less steep areas of the property. They would make long parcels. Environmental Review requested an environ- mental impact report. They do not feel the project is ready for a hearing. It is in conformance with the General Plan. They cannot justify making soil tests if there is a requirement for the EIR. The land is open space. They would like a favorable determination. They have already spent $1,000 on the project. Soil tests would be expensive. They have indicated on a map in red the areas being proposed. Planning staff have indicated a red flag because of soils in the area. Page 403. April 13', 1982 8 2- $' April 13,_1982 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~- _ _ _ _ ~ ~ ~ - - _ _ _ _ _ ~ T 2.- Elmer Stebbins, San Leandro, applicant, stated he purchased the property with the idea of retiring in a couple years. The matter is moot. He did not want to spend good money after bad. Hearing closed to the public and confined to the Board. Supervisor Dolan stated according the Advisory Agency minutes a tentative parcel map does not conform with the General Plan. The concerns were the protection of migrating deer and range. Twenty acres rather than ten was appropriate for parcels in the area. It was denied. Mrs. Kircher stated a letter from Fish and Game they indicated 40 acres. It was signed by James Snowden through the office in Rancho Cordova. Chairman Wheeler indicated there are times when the superiors of Mr. Snowden do not agree and are not aware of his comments and letters. approved. Mrs. Kircher stated 20 acres is what Planning had previously Supervisor Saraceni stated he talked with Mr. Snowden last night. They are concerned about the migration of animals. They should allow open space and land use. The General Plan conformance report is dated November 6, 1981. Tt does substantially conform with the General Plan as of the November date. Mrs. Kircher stated they discussed paragraph 3. There is a map in front of them. They still do not have staff time but to very quickly look over the projects. the matter. Supervisor Saraceni requested more time to discuss and research The matter was continued to later in the meeting after lunch.. Hearing reopened to the public. 3. George Robinson, Oroville, stated he sold this property to the applicant. Of the 70 acres they still have 15 of which there are slopes and ridges. To the west it is extremely steep. Further on is privately owned land. He set out the parcels in the area. There are a large number of small parcels. There is a lot of land which is unuseable. It should be open space. He did not think 5 acre parcels were appropriate, they should be 10 acres. The hearing was continued to later in the meeting. PUBLIC HEARING: CONTINUED - JOHN D. DRAKE AND HOWARD ISOM - DRAFT ENVTRON- MENTAL IMPACT REPORT AND SPECIFIC PLAN FOR THE LOCATION AND REGULATION OF LAND USES, BUILDINGS, ROADS, WATER SUPPLY, WASTE DISPOSAL, CONSERVATION OF NATURAL RESOURCES, ANB OPEN SPACE - ALLOWING A RESIDENTIAL DEVELOPMENT OF 109 PARCELS OF 1/2 TO THREE ACRES, INCLUDING COMMON OPEN SPACE AND PUBLIC FACILITIES TO BE P~IAINTAINED BY A COUNTY SERVICE AREA (CSA) ON APPROXIMATELY 1,050 ACRES LOCATED ON THE EAST SIDE OF STATE HIGHWAY 32 AND HUMBOLDT ROAD, APPROXIMATELY FIVE MILES NORTHEAST OF CHICO, IDENTIFIED AS AP 46-71-17, 46-71-18 (PORTION), 46-35-4 AND 46-35-23, NORTHEAST OF CHTCO 660 The public hearing for John D. Drake and Howard Tsom draft environmental impact report and specific plan for the location and regulation of land uses, buildings, roads, water supply, waste disposal, conservation of natural resources, and open space -allowing a residential development of 109 parcels of 1/2 to three acres, including common open space and public facilities Page 404. April 13; 1982 8 2- $' _ _A_pril_13,_1982 _ _ _ _ _ .to be maintained by a county service area (CSA) on approximately 1,050 acres located on the east side of State Highway 32 and Humboldt Road, approximately five miles northeast of Chico, identified as AP 46-71-17, 46-71=18 (portion), 46-35-4 and 46-35-23, northeast of Chico was held as continued. Bettye Kircher, planning director, stated they have prepared and supplied the Board with the comments to comments made to the impact report and a fiscal analysis. Steve Streeter, planning department, set out the information presented to the Board. They have made an analysis ofcosts. A copy of the information was given to Jon Anderson a representative of. the applicants. Mr. Streeter presented inserts for pages 6, 7 and 8. Mr. Streeter discussed the cost estimates on page 7. There was a change on a required conditions by Public Works for Humboldt Road. It was requested the applicant cover all of the costs. They hope to contact the Sheriff to verify 4 A and B on the summary table. Mr. Anderson has developed some information that is in regards to the Health Department for water supply and protection. There were changes on pages 3, 4, 6 and 7 of the summary based on revenue that will be anticipated from speculation on furture limits of value on the property. It is felt within 10 years they will change. Supervisor Fulton stated that $100,000 was a very tenuous figure for incomes. He felt the figure was off. 1. Jerry Bolster, Drake Homes, stated Mr. E11is Ro115, Mr. Jon Anderson and Mr. A16ert Beck would be speaking on various topics brought up at arevious hearings. 2. Ellis Rolls, Rolls, Anderson and Rolls, Chico, spoke regarding the method of septage to be used on the project. He has done the final design. It would not discharge into Chico Creek. Tt is designed where it can be changed if necessary in the future. It would be regulated by Butte County Health Department and CEQA to guarantee water quality. Supervisor Dolan stated he made the comment it was a simple system to operate. Tn the addendum Mr. Vanhart stated there would be a need for a certified inspector. Mr. Rolls stated any system require the operator to be authorized. This system was designed to be operated with the lowest care and the simpliest type work built. 3. Jon Anderson, engineer and hydrologist, Chico, stated he had done most of the investigation in the area. He has tested the spring flow of Chico Creek. There have been concerns voiced about potential problems. Supervisor Dolan stated most of her concerns come from the original report. She read from his statements. Mr. Anderson set out the comments from page 5, sentence 3 from the report. Tt shows how the water quality would be effected. In water quality they did not pick up an increase of silt, they picked up a decrease. Tt appeared to work out. Supervisor Dolan questioned if there would be effects on wells down stream. Mr. Anderson stated they did test in the area of three major wells. It was two times what the Health Department requires. Mr. Anderson pointed out areas on a map posted on the board. Everything is in the recharge area and not a major concern. page 405. April 13, 1982 *~ 8 2= $' April 13, 1982 4. Albert Beck, Eco-Analysts, stated he assisted the county in their analysis. They have been working on projects throughout the state and feel the figures are accurate. Some of the lots are small and others larger. Projects such as this have_to pass on the costs. The project has been before the county for 16 months. He did not believe there will be any problems. Mr. Beck presented a copy of a letter sent to the regional manager of the Fish and Game Department. Mr. Jensen indicated the matter of wildlife protection had not been discussed with Mr. Snowden. When the project was first proposed it was for 220 developments of at least one acre. It would provide a barrier along the creek. This is the desireable way to develop. When domestic dogs become packs, they cut down the deer herd. They have tried to restrict the roads. That will not stop the deer from being killed. There is the problem of animal control. One concern is that the open space be protected. More police and fire time is spent on commercial property. You cannot take every cost to houses. It must be averaged out. 5. Jerry Bolster stated they would like the Board to certify the EIR as a complete document. They have addressed significant impacts. They need a specific plan approval. They will still require a zoning approval, tentative subdivision map must be submitted, approval for the CSA from LAFCo. The county calls it a PAC but it is a development plan. All o£ the aspects cost. The water and septage systems will be monitored. The quality of water in Little Chico Creek will not be degraded. There will be fire protection as required by County Fire Department, sewers will be approved by Health Department and CE4A. 6. Kelly Meagher, 98 Honeyrun Road, stated there seems to be a problem with r4r. Snowden's letter. People in the area do not control the dogs. Mr. Meagher spoke regarding the sewage system as set out in Addendum, page 4, he felt the county was taking a risk. The county would be liable for the county service area. Chairman Wheeler stated when county service areas are formed the property owners assume liability. If they do not pay it a lien can 6e placed on the property. Mr. Meagher stated there had been a lot of staff time spent. There would be accumulative impacts. There are three developments proposed in the area. It would effect wildlife, access and traffic. It was a waste of time to ignore the other projects proposed. There should be a specific plan for the entir area. He was concerned about the open space area. The land trusts should~e looked into. The plan only speaks to a small area. He referred to Government Code 65451 ®E. There does not appear to be pertinent information in the specific plan. Subsection A speaks to location of solid and liquid waste location. It does not qualify for the state laws. He would like the Board to further study the matter. He would like to see a study of the entire area. 7. Brant Brenson, Chico, addressed the fiscal impact surrounding this and other developments in the proposed area. Mr. Brenson handed out information to Board members at this time. He felt the cost analysis failed to consider inflation. He did not feel it was an issue of wanting or not wanting people to live in the rural areas, it was what the taxpayer will be paying for the development. Chairman Wheeler felt if anyone did a study on the people in the construction trade, does that mean they should stop building because the business is going to stop. To stop any building would cause the economics to become stagnet. She felt any development today needs to carry its fair share of the load. Page 406. April 13•, 1982 '... r ', April 13, 1982 82: 8. Albert Beck stated there is no indication the Tehema deer a' herd goes through this area. They do go to Deer Creek. T,ivestock grazing has reduced the feed for wildlife. The cattle would not be there if the ', development is approved. Houses will not always have the original owner. Several years ago the City of Chico determined the Village project would be determined by the commercial factor. General planning does allow for housing for less fortunate people. Mr. Streeter spoke to the revisions presented to Board members ', because of the hearing process. Hearing closed to the public and confined to the Board. It was moved by Supervisor Wheeler, seconded by Supervisor ', Moseley, in approving for a specific plan for the location and regulation ', of land uses, buildings, roads, water supply, waste disposal, conservation of natural resources, and open space - allowing a residential development of 109 parcels of 1/2 to three acres, including common open space and public ', facilities to be maintained by a county service area {CSA); noting that the ', environmental documents required by the CEQA and the Specific Plan prepared in accordance with Section 65450 et. seq, have been completed and considered in making this decision and certifying the environmental impact report as ', being completed; and noting that the project may have a significant effect on the environment, and this significant effect cah be reduced but not ', eliminated by the adoption of the mitigation measures as listed below and by this reference made a part hereof; an ordinance for the Canyon Park Estates ', Specific Plan, on approximately 1,050 acres located on the east side of State ', Highway 32 and Humboldt Road, approximately five miles northeast of Chico, ', identified as AP 46-71-17, 46-71-18 (portion), 46-35-4 and 46-35-23, northeast of Chico be adopted and the Chairman authorized to sign; subject to the following conditions: A service area be formed for the purpose of sewer maintenance. Open space as outlined on Exhibit A be maintained as open space and a consideration of immediate establishment of a land trust. As a tentative parcel map is submitted to the Advisory Agency, prior to approval the concept be forwarded to the Board of Supervisors for their consideration and final approval, Mrs. Kircher stated the Planning laws recommend specific plan pproval by through a resolution. Motion amended: Resolution 82-63 be adopted and the Chairman authorized to sign. Supervisor Fulton stated he had a lot of problems with this project. was concerned about leap frog development with the three projects coming an the line. He did not feel they had addressed the fact of liability. e people down stream..were going to pay the price. The fiscal impact analysis conjector. This is the first one the county has done. He had a feeling arming is an advocate of this project. There should be concerns for the vironment and people that are already there. It has not been mitigated operly and he was not sure it could be. Chairman Wheeler stated onces the sewer system is established it 11 be monitored continuously for water quality. This was not an urban velopment and not leap froging. It is a rural development. The project will turn to the Board for further consideration. The regulations will off set Page 407. April 13, 1982 8 2- a April 13, 1982 any problems from occurring. Supervisor Saraceni stated he felt the Health Department people were capable of monitoring the system and all of the impacts. That was one of the factors that was mitigated. Chairman Wheeler stated this was the first time a project such as tkais had been before the Board. They need to look at each major project as it comes before them. They cannot burden one project.,. Supervisor Dolan commented on quality and quantity and whether it was a fiscal burden to the county. There are concerns about the impacts. of wildlife and raparian, Everytime she sees more maps that show more proposed development in the area, they are not small and in terms of the area. She was not sure she could justify the impact if it were for the whole area. There are property rights, circulation and fire concerns. She tried to access her objections for the effects that will be started vs. the mitigations measures that will be approved. This should be open space and remain as such. Supervisor Moseley stated she felt this was one of the better projects and mitigation measures were better. She was concerned about the land trusts. Vote on motion: AYES: Supervisors Moseley, Saraceni and Chairman Wheeler NOES: Supervisors Dolan and Fulton P4otion carried. 661 662 PUBLIC HEARING: GEDDTS, DRISCOLL, CHRISTOPHERSON, LENHARDT, INC. ON BEHALF OF JOE LEMA, APPEAL THE ADVISORY AGENCY'S CONDITIONS 3, 5, 10 AND 13 ON TENTATIVE PARCEL MAP, AP 69-11-09, THREE PARCELS, LOCATED ON LODGEVIEW DRIVE, APPROXIMATELY 350 FEET NORTH OF HILLCREST AVENUE, OROVILLE AREA - CONTINUE TO LATER IN THE MEETING The public hearing on Geddis, Driscoll, Christopherson, Lenhardt, Inc. on behalf of Joe Lema, appeal the Advisory Agency's conditions 3, 5, l0 and 13 on tentative parcel map, AP 69-11-09, three parcels, located on Lodgeview Drive, approximately 350 feet north of Hillcrest Avenue, Oroville area was held as advertised. Chairman Wheeler stated the hearing would be continued to later in the meeting. The applicant had approved. DISCUSSION: LEO TROMBATORE, CALTRANS, TO SPEAK REGARDING CUTBACKS ON FUNDING FOR BUTTE COUNTY Dick Rogers, CalTrans, stated Mr. Trombatore was unable to attend today because of an emergency. He was sorry to meet the Board for the first time when the fiscal situation was not better. He would like to clear up some of the misunderstandings. Mr. Miller and Allison were present from his staff to answer any questions. CalTrans was not trying to penalize Butte County in not including local interest projects in the program. The STIP process is complicated and is up dated annually. The major projects begin long before the date. BCAG must submit by April 1981 proposals for 1982. CTC adopts the STIP by July 1, 1982. There is appeal periods within regions if not satisfied with CTC. Mr. Allison distributed a handout at this time. Mr. Rogers set out the Programming Philosophy and Constraints of CalTrans. He felt Butte County was concerned about AB 215, this provides for construction purposes. There are 39 other counties within the state which are available for all funding types. They must conform to legislation. Page 408. April 13, 1982 82- a April 13,_1982 There would be more than $1 billion that could not 6e programed and would be diverted to other states. They are aware of the problems within the counties by using the AB 215 funds. There is a meeting on April 16, 1982 to discuss this situation. It is not.a public meeting. SUPERVISOR SARACENT ABSENT AT THIS TIME Mr. Rogers stated there would be 25 to S8 counties who would receive less of their percentage. He shares the concerns about high interest projects. Butte 162 railroad project is included in the proposal. The CTC considered taking the project out of the STIP because of the increasing cost effectiveness. The fact the Gianelli Bridge is under the federal historic register does not effect its elgibility. SUPERVISOR SARACENI PRESENT AT THIS TIME Mr: Rogers stated a ceuple of years ago they were mandated to update the projects because of cost effectiveness. Hutte County projects did not rate high enough. The balance of funds are included in the inter- state system within California. Chairman Wheeler stated Butte County subsidized those roads_ *~~ Clay Castleberry, public works director, stated he did not feel they were.getting the cooperation of the district. He talked before the CTC. The economic growth money generated by the new gas tax did not mention growth money. He felt they were a donating county. There are six or eight counties off the inter state system which are receiving SB 215 money. They have nothing to lose. In receiving 162 money, Butte County was the lowest county in percentage of return. He feels they have been shorted by the district. He has told Mr. Trombatore this. Supervisor Dolan did not believe there was a scheme to not bring the funds into Butte County. She was concerned about Highway 162, Gianelli Bridge, Highway 99 north to south. Highway 162 in the Board's mind and BCAG was a federally funded project. On Gianelli Bridge there is a safety problem. They had the support of the Chamber of Commerce and Glenn County. It was never number 1. It was in the STIP, it was funded and then they were told it was not fiscally sound. C4r. Castleberry stated he felt CalTrans could have done better for us. Maybe they are wrong. There is a project for a women's rest room on the list. Mr. Rogers stated whether people agree or not, by the way of .executive order or by legislation many of the laws have some conflicts. Mr. Castleberry stated they should thank them for coming up and dealing with them. Chairman Wheeler thanked them for being present. ~**~ RECESS: 12:30 p.m. RECONVENE: 1:31 p.m. SUPERVISOR MOSELEY ABSENT AT THIS TIME RECESS: 1:33 p.m. RECONVENE: 1:34 p.m. Page 409. April 13, 1982 82- 653 ~'. A~ri1~13,_1982 PUBLIC HEARING: ELMER STEBBINS APPEAL OF THE ADVISORY•,AGENCY'S DENIED TENTATIVE PARCEL MAP FOR WHICH NO ENVIRONMENTAL DOCUMENT HAS BEEN PREPARED, AP 71-01-96, FOUR PARCELS, ON DEER MEADOW ROAD, APPROXIMATELY 800 FEET SOUTHWEST OF TURNAGATN LAND, HARTS MILL AREA - CONTINUE: TO APRIL=20„.1982 AT 10:1$ A.M. The public hearing on the Elmer Stebbins appeal of the Advisory Agency's denied tentative parcel map for which no environmental document has been prepared, AP 71-OI-96, four parcels, on Deer Meadow Road, approximately 800 feet southwest of Turnagain Lane. Harts Mill area was held as continued from earlier in the meeting. Supervisor Saraceni stated'he had requested this item be con- tinued over. He was trying to work out some additional legal information on this project. County Counsel has suggested that it would be best for everyone if the matter was continued. The hearing was continued to April 20, 1982 at 10:15 a.m. 664 PUBLIC HEARING: GEDDTS, DRTSCOLL, CHRISTOPHERSON, LENHARDT, INC. ON BEHALF OF JOE LE[+IA, APPEAL THE ADVISORY AGENCY'S CONDITIONS 3, 5., 10 AND 13 ON TENTATIVE PARCEL MAP, AP 69-11-09, THREE PARCELS, LOCATED ON LODGEVIEW DRIVE, APPROXIMATELY 350 FEET NORTH OF HILLCREST AVENUE, OROVILLE AREA - CONTTNUED FROM EARLIER IN THE MEETING The public hearing on the Geddis, Driscoll, Christopherson, Lenhardt, Inc, on behalf of Joe Lema, appeal the Advisory Agency's conditions 3, 5, 10 and 13 on tentative parcel map, AP 69-11-09, three parcels, located on Lodgeview Drive, approximately 350 feet north o£ Hillcrest Avenue, Oroville area was held as continued from earlier in the meeting. Clay Castleberry, public works director, set out the background on the project and map posted on the board. Tt is narrower on the ledge section and is divided into three parcels. The approach would be to a driveway. There is no provision in the county for this. The Board has approved a 50 feet access for roads. There would be a turnaround. The property owner refers to this as a driveway rather than access road. Del Siemsen, county counsel, stated there was a provision in the subdivision ordinance to accept standards set out in the map act. If they are asking for exceptions they must find that based on the topography and such findings. 1. Bill Geddis, engineer, stated the Advisory Agency was reluctant to grant any exceptions to the ordinance. The road will not and could not be extended. The right-of-ways are generally set up to allow for full county and city roads. The drive way would be 20 feet which is more than adequate room which is within 30 feet of the right-of-way. They would like the Board to review this on an individual basis. There is similar situations adjacent in the Kelly Ridge area. They have drive ways going to back lots. There is water and is well within the General Plan. They would be long and narrow lots. They feel the 50 feet set back would severely restrict the building site. 2. Joe Lema, applicant, stated in the Kelly Ridge area it is not unusual to have a key flag road. Where they have service roads they service three to four houses on only 12 foot wide. They might consider 15 foot road with it on the upper or lower side. The road would never go anywhere because of development at the end of the property. There could possibly be a split because of the long lots. A ditch runs down it on the east side. It is the last lot of Unit 1. The lots would be one-third of an acre. Hearing closed to the public and confined to the Board. Page 410. April 13', 1982 i 8 2- $' April 13, 1982 Supervisor Saraceni stated he was going to have to deny this appeal. Tt was moved by Supervisor Saraceni, seconded by Supervisor Fulton that the proposed project of Joe Lema, appeal of conditions 3, 5, 10 and 13 on tentative parcel map, AP 69-11-09, three parcels, located on Lodgeview drive, approximately 350 feet north of Hillcrest Avenue, Oroville area does not meet'Section 20-134 of the Subdivision Ordinance; that the appeal be denied on the 1.06 acres into three seperate acres. Supervisor Fulton questioned if he had heard they requested they be denied one by one. Supervisor Saraceni stated in reading and going over the information presented, he was saying the applicant will have to meet the conditions to put those three in. Mr. Siemsen stated he was denying the appeal of four conditions and if he wants to comply with the conditions. vote on motion: AYES: Supervisors Dolan, Fulton, Moseley, Saraceni and Chairman Wheeler NOES: None Motion carried. 665 ~ APPEARANCES: CARL WORTHINGTON Carl Worthington, Magalia, presented a letter to the Board. He has spoke before on the Magalia Church. They have made improvements and recently it was accepted into the State Historical Society Register and then the national register. Mr. Worthington wanted to invite the Board to Gold Nugget Days coming up in two weeks. He would like them to visit the Magalia Church. They now have running water and flush toilets. He showed the Board a picture. 666 APPEARANCES: ED BROWN Ed Brown, representing Butte County Veterans, spoke regarding the action on the Veteran Service Officer. Phe Veterans really do recognize the countys fiscal problems and people services that they do render to the county. He proposed that they still have an official Veteran Service Officer. The county would not get the full share of money should the functions be handled by a county employee. Mr. Brown set out the code section from the Military and Veterans Code. They would receive S75 per month if there was not a full time person. The requirement is that the officer be a veteran. Legally a clerical person could not do this. They can see the administrative problems which would arise. They are asking consideration of a VSO to get full sub- vention from the state. The salary could be a set amount. It could be accomplished with a reasonable budget, less than last years and give the service. This would give a satisfactory level of service and cost only one-half the salary of one employee. Chairman Wheeler asked that they present a written proposal for the Board to consider during the budget session. They would need statistics. 667 APPEARANCES: JAMES HANSON James Hanson, Oroville, stated he would hate to see where this country would be if they did not take changes. He commended the Board, it was one of the few times he has seen leadership expressed in this county. If they are going to cut services and people it is no more than right that they set an example. Page 411. April 13, 1982 8 2- a' 668 669 670 671 672 673 April 13, 1982 ' ~ - - - - _ _ - - -~ - _ _ ~ _ _ _ _ _ _ _ _ _ _ - ~ ~ T = _ _ _ _ _ _ - _ Mr. Nelson stated three people put the proposal together. Dr. Hefner of California State University, Chico is in the economic ,field. There are ideas which have been tried in other countys. They have computer research field available. The time. estimated for the work would be 150 hours at a cost of approximately $5,000. After Phase 1 was accomplished they could go on to Phase II and III. An in-house job would not look as impartially. It would not require staff to be taken from their responsibilities.- Chairman G,7heeler stated they should be allowed to take the matter under submission and as they are in order of long range planning his proposal speaks well of his abilities. They would have to go out to bid for the consultant if that is the area the Board wishes to proceed with. APPOINTMENTS TO THE BUTTE COUNTY MOSQUTTO ABATEMENT DISTRICT TAKEN OFF THE AGENDA Taken off the agenda were appointments to the Butte County Mosquito Abatement District. The appointments were approved for two year terms on November 24, 1981, page 457, minute order 81-2755. APPOINTMENT TO THE MENTAL HEALTH ADVISORY BOARD , On motion of Supervisor'Moseley, seconded by Supervisor Dolan and unanimously carried, the agpointment of Dennis Bruce to the Mental Health Advisory Board was approved. APPOINTMENT TO BUTTE COUNTY EMERGENGY~MEDICAL SERVICES COMMITTEE VACANT On motion of Supervisor Fulton, seconded by Supervisor Dolan and unanimously carried, the appointment of public member position on the Butte County Emergency Medical Services Committee declared vacant and solicitation of new member authorized. ADDITIONAL MATTER BY BOARD MEMBER - NORTHERN CALIFORNIA EMERGENCY MEDICAL CARE COUNCIL DECISION CONTINUED TO APRIL 27, 1982 Chairman Wheeler presented a letter from Tehama County Board of Supervisors Chairman Barbara V. Crowley requesting Butte County to delay a decision regarding Northern California Emergency Medical Care Council until after the week of April 26, 1982 as they are planning on presenting an alternative plan. Continued to April 27, 1982 final decision on funding of Northern California Emergency Medical Care Council. PERSONNEL DIRECTOR TO SEND LETTER TO CSAC AND LEGISLATORS REGARDING PERS Discussion regarding a communication item regarding PERS held at this time. Jim Rackerby, personnel director, stated he had talked with CSAC staff and there are several bills being developed. There have been amendments. CSAC's position is that the fund itself is built up from contributing agencies and it should be returned to the agencies. PERS should not be developing large fund balances. It is depriving local jurisdiction of local needed cash. Senator Russell's bill is to be amended along those lines. They should be giving support to CSAC. On motion of Supervisor Fulton, seconded by Supervisor Dolan and unanimously carried, directed the Personnel Director to forward a letter to CSAC and legislators regarding PERS legislation as discussed was authorized. AUTHORIZE LETTER BE SENT TO CONGRESSMAN CRAPPIE REGARDING PRIME SPONSOR ADMINISTERING OF THE CETA PROGRAM Jim Rackerby, personnel director, discussed recent proposed changes in Prime Sponsor administering of the CETA program. It would change Page 412. April 13', 1982 82r 674 a _ _ April 13, 1982 APPROVE $7 CHARGE FOR CHICO AREA LAND USE EIR - PLANNING Bettye Kircher, planning director, stated the draft environmental impact report was just off the press. She questioned if she should charge the $1 minimum and $ .10 per page fee or use the printing costs. There have been many requests for the document. It would cost the public $36 for a copy. If the print shop figure was used i.t would be a charge of $6. One hundred copies were printed. There would be distribution of 25 copies. The document contains 337 pages. It was moved by Supervisor Fulton, seconded by Supervisor Saraceni, to charge a fee of $7 (seven) per copy for the Chico area land use environmental impact report for the urban area be approved. Mrs. Kircher stated in the event there was a reprinting she would bring the matter back to the Board. Motion amended: The charge is for the first time printing. Vote on motion: AYES: Supervisors Fulton, Moseley, Saraceni and Chairman Wheeler NOES: Supervisor Dolan Motion carried. 675 676 677 DISCUSSION: CONSULTANT SERVICES FOR LONG RANGE FINANCIAL PLAN STUDY Discussion was held regarding consultant services for long range financial plan study at this time. SUPERVISOR MOSELEY ABSENT AT THIS TIME Earl Nelson. Chico, stated he has spoken privately with some of the Board members. This is a most important issue before the county today. How do you cope with taxpayers when they are unable to maintain the services they want and have paid for. Xou look for alternative methods. This is what he has outlined for them in his report. Local governments are being forced to solve their own problems without bail out funds. The deficit has risen. RECESS: 2:18 p.m. RECONVENE: 2:28 p.m. SUPERVISOR MOSELEY PRESENT AT THIS TIME SUPERVISOR SARACENT ABSENT AT THIS TIME ADDITIONAL ITEM BY BOARD MEMBER Chairman F7heeler stated Mr. Hurst has talked with her in regards to placing the flag pole in Paradise at the County Administrative Center in memory of former Supervisor Lemke. Directed Public Works Director to discuss the issue with the Veterans and report back. DISCUSSION: CONSULTANT SERVICES FOR LONG RANGE FINANCIAL PLAN STUDY - CONTINUE FROM EARLIER IN THE MEETING Earl Nelson, Chico, stated he was here out of loyalty to the county in these trying times. SUPERVISOR SARACENI PRESENT AT ~aH eS T~l~. g April 13, 1982 8 2- b' 678 679 680 the population level from 100,000 to 200,000. This would deprive smaller counties from administering the program. They would like to ask Congressman Chappie to use his influence on the committee to support this area. It should be left at 100,000 population. There would be 193 counties which would lose their elgibility. They have good results from the private sector at this time. He requested the Board draft a letter for the Chairman's signature to Congress- man Chappie. On motion of Supervisor Dolan, seconded by Supervisor Saraceni and unanimously carried, a letter to Congressman Chappie regarding the Prime Sponsor administering of the CETA Program and that the 100,000 population level be maintained was authorized. REPORT TO THE BOARD ON THE LEAGUE OF WOMEN VOTERS RECOMMENDATTONS FOR WATER ISSUES A report to the Board on the League of Women Voters recommendations for water issues held at this time. Chairman Wheeler stated all she wanted was that a letter be sent regarding what the Board is doing. She plans to bring back a proposal April 27, 1982. A hearing will be held in Sacramento on SB 1923 on water. The hearing is April 20, 1982 at 9:30 a.m, in Room 11. Mr. Jack Madigan is the representative for the Board. She would like County Counsel Del Siemsen to attend the hearing along with her. She has received a lot of correspondence and comments from the public regarding the ground water. comments. The Board is to review the legislation and contract her with DISCUSSION: GREAT CALIFORNIA RESOURCE RALLY - SUPERVISOR DOLAN TO WORK WITH PUBLIC WORKS DIRECTOR Discussion of the Great California Resource Rally was held at this time. Clay Castleberry, public works director, stated the Solid Waste Management was willing to use the litter clean up money for promotion and advertisement. It would be an amendment to the contract. Supervisor Dolan appointed to work with Public Works Director. COMMUNICATIONS Elmer Stebbins, San Leandro. Mr. Stebbins writes providing information on AP 71-01-9 and his application for a tentative parcel map which is being considered today under public hearings. Information; considered earlier in the meeting. Bachman & Associates. The engineers, on behalf of McKinney/Gibson, appeal Condition No. 10 on AP 46-161-28, tentative condominium subdivision (Community Park Commons), proposed 16 units on 1.8 acres, "7 duplexes, 14 multi units and 2 single family units," located on 16th Street and Cleveland Street in Chapmantown. Set for public hearing on May 4, 1982 at 10:15 a.m. Rust, Armenis & Schwartz. The attorneys, on behalf of claimants Blake Davis and Jensen Security Service, submit a claim in the amount of $757,500 for an incident occurring at the Butte County Fairgrounds in 1978. See motion following communications. Melvin L. Winer, M.D. Dr. Winer submits a claim for an unspecified amount alleging damages at the Mental Health Department occurring December 23, 1978. See motion following communications. Page 414. April 13, 1982 82- 681 682 683 684 685 686 ~~i~ ,L_3._. X9$2 = _ _ _ _ _ _ _ Teff Korber, attorney at law. Mr. Korber, on behalf of a number of claimants, submits a claim of-$14,060,628.13 as a result of an incident involving the Sheriff's Department on January 10, 1982. See motion following communications. Stanley Sedor, attorney at law. The attorney, on behalf of a number of claimants, submits a claim in the amount of $200,000 resulting from an automobile accident December 30, 1981 on Mangrove Avenue in Chico. See motion following communications. Northern California Emergency riedical Care Council. Dan Spiess, administrative manager, submits information in response to the County Administrator': inquiry on the Council's funding and organization. Continued the matter to April 27, 1982 as discussed earlier in the meeting. Chico Heritage Association. Quentin Griffiths, president, provides information on the historical building survey of the Chico area and requests cooperation with county staff in a liaison capacity. Referred to Planning Department. Mrs. A. Garfield, Chico. Mrs. Garfield writes in opposition to reductions in the County Veterans Service Office. Information; no action taken. Area Agency on Aging, 3. Paul R. Martinsen, director, submits a draft 1982-85 area plan for the Area Agency on Aging for your review and comment. Information; no action taken. REJECT CLAIM.- BL11KE DAMS AND JENSEN.SECURITY SERVICE On motion of Supervisor Moseley, seconded by Supervisor Fulton and unanimously carried, the claim of Blake Davis and Jensen Security Service in the amount of $757,500 for an incident occurring at the Butte County Fairgrounds in 1978 was rejected. REJECT CLAIM - MELVIN L. WINER, M.D. On motion of Supervisor Moseley, seconded by Supervisor Saraceni and unanimously carried, the claim of Melvin L. Winer, M.D. for an unspecified amount alleging damages at the Mental Health Department occurring December 23, 1978 was rejected. REJECT CLAIM - MYRON WESTON, KENNETH THOMPSON, BRENT CAMPBELL, TAMMIE THOMPSON, WAYNE WHITFIELD AND NATHANIEL GABRIEL, JR. On motion of Supervisor Fulton, seconded by Supervisor Saraceni and unanimously carried, the claim of Myron Weston, Kenneth Thompson, Brent Campbell, Tommie Thompson, Wayne Whitfield and Nathaniel Gabriel, 3r. in the amount of $14,060,628.13 as a result of an incident involving the Sheriff's Department on January 10, 1982 was rejected. REJECT CLAIM - TIMOTHY~SALVOS, DAVID MATTHEW KARR AND MICHAEL ANTHONY KAIN On motion of Supervisor Dolan, seconded by Supervisor Saraceni and unanimously carried, the claim of Timothy Salvos, David Matthew Karr and Michael Anthony in the amount of $200,OD0 resulting from an automobile accident December 30, 1981 on Mangrove Avenue in Chico was rejected. AUTHORIZE LETTER SENT TO ASSEMBLY REVENUE AND TAXATION COMMITTEE RE: AB3296 On motion of Supervisor Saraceni, seconded by Supervisor Moseley and unanimously carried, a letter to the Assembly Revenue and Taxation Committee regarding AB 3296, timber yield tax, in support was authorized. ADDITIONAL ITEMS BY BOARD MEMBERS Chairman Wheeler announced that on Thursday, April 22, 1982 at 7:30 p.m, the Planning Commission would be conducting a Work Shop regarding Page 415. April 13; 1982 8 2- ~' 687 April 13, 1982 _ _ _ uses for specific plans and community planning. The public is invited .^ The meeting will be held in the Board room. . MOTION TO VOLUNTARII~;CUT BOARD OF SUPERVISOR SALARIES FAILS Discussion was held regarding the motion last week to cut the Board of Supervisors salaries at this time. Supervisor Moseley wanted to bring the item back regarding action taken last week on the reduction of salaries for Board members. The action caused quite a bit of hard feelings, she was one of those people. It was the way it was presented. There was a telephone conversation proceeding the meeting and the Chairman stated there would be no reduction of their salary. She would go along with the plan to be presented. On Wednesday that was one of the first things brought up. She and Supervisor Saraceni have campaign debts. The issue is very political. If it was not, why wasn't the issue raised last year when there was a $6 million deficit. If anyone wants to give ten or twenty percent it should be voluntarily done. Tt does not have anything to do with department head salaries. The department heads have had salary increases and the Board has not for two or three years. They did receive a $315 travel expense per month. For two years she did not use it and paid for her own telephone and long distance calls. It would not effect the department heads. Putting them at 9.4 on the scale is nothing compared to department heads. Supervisor Saraceni reiterated the feelings of Supervisor Moseley. Supervisor Moseley stated she could go along with the proposal of last year. There was extra help money spent last year. It was more than 20 percent o£ total earnings of Board members. She felt they were being penalized. Two districts used the extra help funds of $5,000. Now they are asking to give up an increase worked along with no extra help assistance or extra funds. It was only right, if the members feel they want to give up what they used last year. But do not ask those that did not use extra help to give up what they did not spend. This could go until the election and then be rescinded. It was moved by Supervisor Moseley, seconded by Supervisor Saraceni to bring back before the Board consideration of a salary cut only on a voluntary basis. Supervisor Dolan stated she could not take away her bitter feelings. She wanted to correct the record. The action was, not political, it was necessary given the financial situation of the county. Perhaps it could or should have been done last year. Last year they were in a posture for employees They are asking for econo~ic considerations from the employees. They should be willing to do the same themselves. The extra help is not a part of a Board members salary. It was put into the budget. She used it and now it hurts. Being some distance from Oroville she does not have access to clerical help. Nothing went into her pocket. Supervisor Saraceni stated one of the reasons he could not approve the budget last year was because part of the funds were coming out of insurance and the General Fund. It takes considerable time to complete all of the work related to the Board. He is not earning like he should because of the work load. Supervisor Moseley stated a person may not always respect the individual, but the position such as governor, president or supervisor should be respected. Chairman Wheeler indicated there was a lack of understanding over who said what. They should have a choise as far as expenses are concerned. Page 416. April 13, 1982 8 2- b' _ April 13,_1982 _ _ _ _ _ _ _ _ _ . ~ _ - _ _ _ _ _ ~ r ~ _ _ - - _ _ _ _ _ - She knew they all worked hard. Maybe it is politics. She feels she is account- able at all times, not justtwhen running for office. Some have extra help and others do not, it is a matter of choice. The extra help people only receive $3.05 per hour and her aid. works maybe four to five hours per day: St helps her meet her responsibilities to her constituents. Tt is not going into her pocket. She is fortunate enough to have friends who are volunteering to help. Supervisor Fulton stated he did not come to create bitterness. He was told there would be problems. He is sorry the salary reductions were brought up first, he is sorry he has created bitterness. He feels the salary cut is a major important symbol that they are willing to start with themselves. Supervisor Saraceni stated Supervisor Fulton was appointed by the Governor and he did not know if he would be here after the election. He commended him if he felt the salary cut was necessary. He did not feel Supervisor Fulton knew all of the things in the past that had been done such as last years budget. He is very objective of 10 percent being taken out of his salary. Twenty percent more was spent for extra help that he and Supervisor Moseley did not spend. Vote on motion: AYIJS: Supervisors Moseley and Saraceni NOES: Supervisors Doian, Fulton and Chairman Wheeler Motion failed. RECESS: There being no further business before the Board at this time the meeting recessed at 3:33 p.m. to reconvene on April 14, 1982 at 10:00 a.m. Page 417. April 13, 1982