HomeMy WebLinkAboutM041481,~px~.l 14, 1981
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE }
$1` The-Board of Supervisors met at 9:00 a,m. pursuant to adjournment.
'8 ', Present: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Moseley.
C1if Nickelson, administrative officer; Dan Blackstock, county counsel; and
', Clark. A. Nelson, county clerk, by Cathy Pfitts, assistant clerk to the Board.
', Pledge of Allegiance to the flag of the United States of America
', Invocation by Supervisor Lemke
', 598 APPROVAL OF MINUTES
On motion of Supervisor Dolan, seconded by Supervisor Saraceni
and unanimously carried, the minutes of March 3I, April 2 and April 7, 1981
were approved as .mailed.
599 ADDITIONAL BOARD MEMBER AGENDA ITEMS TO BE ADDRESSED AT THE END OF THE DAY
', Supervisor Dolan stated she would be asking for an interim
', zoning for two parcels on West Sacramento Avenue, Cfiico.
', Supervisor Wheeler stated she had several letters from
', consitituents she ssould be entering into the record.
600 ADOPT RESOLUTION 81-70 APPROVING ADDITIONAL BOARD MEMBER FOR NON-PROFIT
ORGATITZATION FOR CHICO LIBRARY
', On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, Resolution 81-70 appointing Joan Morgan as an
', additional board member on the non-profit organization for Chico Library
', was adopted and the Chairman authorized to sign.
601 DISCUSSION AND POLICY' DIRECTf1N: ANIMAL CONTROL CONTRACT WITH ANIMAL
', CONTROL HEALTH SERVICES
Discussion of the animal control contract with Animal Control
', Health Services held at this time,
', Chairman Moseley advised the Board had received a letter from
', Superior California Humane Society relative to this matter.
Jeff Carter, counsel for Animal Control Health Services, spoke
', regarding the item. He offered comments in support of the services
', provided pursuant to the contract. The terms of the contract is for four
years ending April 30, 1983. He questioned whether they were being asked
to justify the continuance of the contract for the remainder of the term.
The Administrative Office in a memo to the Board on January 29, 1981 recommended
that the contract be continued. They were also concerned with the quality
and cost of services. He felt the company had performed the services
required under the contract.
Supervisor Dolan stated that the memo of January 29, 1981 was
prepared after the incorporation of Paradise and the reduction in population
to be served. It was tfien the county contacted Animal Control and Health
Services suggesting the contract dollar amount fi.e renegotiated..because o£
that. Animal Control and Health Services indicated that even though the
total population was down the workload was up. If the county wanted to
amend the contract, they wanted to change the contract in some areas.
The other issues- are what the county considers pound charges the county
should not have paid that Animal Coritsol:`_ and Health Serv~:ces should have
paid. Animal Contro3: and Health Services feel§ they started earlier and
the county should absorb the transitional .period fees.. The Town of Paradise
is demanding tfiat they have fees returned from the two year license fees.
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April 14, 1981
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The license fee.xeyenuee aze split g0% - 10%. The county thinks that
maybe all the money should be,fees for handling the money. There is no
resolution of that issue. .Slie would like to.see County Counsel, Animal
Control and Hea1tl~ Services and counsel for the Town meet and try to
resolve that issue. The state passed a law t'Fat required the holding of
cats for 72 flours. The county had the choice of ignoring the law, letting
Animal Control and HeaitEi Services handle or he surprised and get up to
$24,000-for this. She recommended that a Board committee get with staff
to determine the cat policy.
She recommended tfiat the county should continue with. the present
contract recognizing the increase in work7.oad and could make it through
this fiscal year. At the same time, not recognizing Animal Control and
Health Services request for change in the contract requirements. There
should be a county-wide toll-free telephone number. She would like to
see the Administrative Office staff be directed to take the time necessary
to develop alternative proposals. She would like this fully developed
on a cost basis and look at the proposals for a long term arrangement.
She would like them to take a look at the experience of a first-time
contract for animal control, what worked and what didntt work. She would
like an analysis of the cost and growth in population. They should look
at the possible consolidation with some of the cities in the urban areas.
She would like an analysis of the long range needs or wants in animal
control might tie for the county. She felt that Counsel should be further
directed to arrange whatever legal committee necessary on the issue of
the $12,000 pound fee and the Town of Paradise. She would be willing
to meet with one other Supervisor on the cat issue.
Supervisor Lemke stated that he brought up some of the problems
he had a month or two ago. There were complaints from the upper ridge
about the services being provided. He took the former administrator with
him to the townhall meeting. He answered all the questions. The subject
was brought up last night and there were still complaints. They were not
of a specific nature. Possibly the service the county is contracting for
is not sufficient or maybe there are two others standing in the wings
waiting to answer the requests fox proposals. He asked that a leash
law be brought back. He felt that probably would answer the complaints
to a great degree. He would like to know whether the courts have been
implementing the law the Board passed about three years ago establishing
the rate for two, and three time offenders.
Clif Nickelson, administrative officer, stated his office
would do a report on that issue and report back to the Board.
Supervisor Saraceni stated he had received some calls in the
Oroville area relative to the handling of animals.
Chairman Moseley stated she had received complaints about
dogs that are turned loose at 5:00 p.m, and allowed to run all night.
Mr. Nickelson advised that regardless of the complaints, his
office was not unhappy with the performance of the Animal Control and
Health Services. It has been better than what they had in the past. The
complaints have been far fewer. One of the things that concerned him, was
that the county is paying the corporation about $140,00.0 per year and he
would like to see some way to get rid of that cost, One of the ways is
to get more dogs licensed. At one time the county used CETA crews and
knocked on doors to get dogs licensed.
Nr. Carter directed the Boards attention to paragraph.ll of
the contract that makes provisions that in the event of certain things
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happening such_as statutvzy changes, changes in ozdinances or rules and
zegulations-Animal Cpntrol and Health $'erv$ces.recognizes certa:Gn loose
ends. There are certain loose ends from cFianged circumstances. They have
shown good faith in their desire to negotiate wtit~i the county. They will
be sitting down with county and Town officials.to discuss these matters.
He felt the contract required good faith on both sides.
Supervisor [dheeler supported Supervisor Dolan's presentation
and proposal. She has had complaints submitted to her many times and
has received immediate answers to the complaints. She volunteered to
work with Supervisor Dolan on the cat issue.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, tfie present contract with Animal Control- and
Health Services was continued; The toll-free telephone number is to be
immediately implemented; The Administrative Office staff was directed
to develop alternative proposals based on long range and cost analysis;
Counsel was directed to attempt to negotiate the issue of the $12,000
in pound charges; Counsel was directed to arrange a meeting with counsel
for Animal Control and Health Services and the Town of Paradise regarding
license revenues; and Counsel was directed to prepare a leash law ordinance;
with a Board committee to be established to consider the policy regarding
the new law on the retention of cats for 72 hours.
Dr. Allen felt that there had been several things done on
behalf of the peoplle of the county. No matter what happens this is a
no win job. At the present time, they are charged with 16,063 square
miles of service with 14,073 of that private land. They have many problems
in the ridge area. He introduced Russ Turver, the new administrator.
Dr. Allen felt the spirit of the contract was cooperation
and they wanted to put together a coordinated program that was unique anywhere,
His organization is working with the Humane Society, veterinarians and
animal control people. They no longer have a search and destroy type
operation. They have changed this as much as possible. The are over
and above the previous facilities by 1040 percent. They place over 1,000
more animals than was done before. They now have a housing contract
with Northwest SPCA. They have an educational program in the schools.
The only way to solve the problems is through education. The veterinarians
have reduced the rate for the spay and neuter program. They did over 400
animals under this program. The animal control workload is increasing
35 percent every year. They have same day response in the county. With
regard to licenses, in the past two years they have had around $60,000
versus $40,000 when they took over the program. The people in the county
are able to go into almost every veterinary business and buy licenses.
They have had tremendous contributions over and above the contract from
the veterinarians. They are quite willing to negotiate the matters
mentioned. He did not feel this was the proper place to go into committee
Supervisor Lemke felt that maybe the organization should have
press releases on the services they are performing.
602 AWARD BID - REPLACEMENT OF ASPHALT EMULSION SPRAY UN
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and unanimously carried, the bid for replacement of six asphalt emulsion
spray units for road patching was •awarded to Droscher Equipment Company
in the amount of $18,833.85, including tax and trade-in.
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APPROVE/DENY PENALTY ABATE3~IENT REQUESTS
On motion o.£ Supervisox Dolan, .seconded by 5upervisor,Wheelex
and unanimously carried, the ~ollawing action was-taken regarding
.penalty abatement reques:ts:, change of ownership report;
1. Approved penalty abatement request for Glenn L. and Ruth
Louise Harrison, AP 040T21.3-006-0
2. Appr-mved penalty abatement request xor J. Simmons (txustee),
AP 064-49.-0--019:-0.
3. Approved penalty abatement request for Edward C: and
Phyllis B-ray, AP 043-31-0:-016-0
4. Approved'penalty abatement request for Gary E. Soudan,
AP X28-32-0•-258'Q
5. Approved penalty abatement request for Kenneth E. and
Sally L. Clark, AP 035-42-0-054-0
6. Approved penalty abatement request £or Leonard A. Adkerson
and James A. and Betty Selken, AP 036-20-0-017-0.
7. Denied penalty abatement request for J. Simmons (trustee)
AP 064-23-0-007-0
8. Denied penalty abatement request for Robert L. Sanders,
AP 052-19-4-004-0
9. Denied penalty abatement request for Donald and Lorraine
Dickinson, AP 036-40-3-032-0
DETERMINE THAT LOSS OF NONPROPERTY TAX REVENUE AS RESULT OF ASSESSMENT
DISTRICT ANNEXATION WOULD MATERIALLX AFFECT COUNTY~S NONPROPERTY TAX
REVENUE: NOTIFY CITY OF CHICO OF DETERMTNATION: AUTHORIZE BOARD'S
NEGOTIATING COMMITTEE TO COMMENCE NEGOTIATIONS - SOUTHEAST CHICO SEWER
ASSESSMENT DISTRICT ANNEXATION
Jim Johansen, auditor, spoke relative to the material affect
on revenue of the Southeast Chico Sewer Assessment District annexation.
Several years ago the Board agreed that where annexations took place the
property taxes would be on a ratio exchange of 60 - 40 basis. The
provision included that if nonproperty tax revenue would materially
affect the ability of one of the entities to provide services to citizens,
then the annexation could be subject to negotiation. The Southeast
Chico Sewer Assessment District annexation could involve $150,000 to
$200,000 sales tax that would accrue to the benefit of the city. The
property taxes involved is really all the county can negotiate. This is
about $16,000 for the county°s share. Tf the agreement was to go as it
was the county would lose an additional $7,000 in property taxes in addition
to the sales tax revenue.
On motion of Supervisor Lemke, seconded by Supervisor 5araceni
and unanimously carried, tithe loss of nonproperty tax revenue as a result
of the Southeast Ciiico Sewer Assessment District annexation was determined
to materially affect the county~s nonproperty tax revenues, the City of
Chico was to be notified of said determination; and the Board`s negotiating
committee was: authorized to commence negotiations,
APPROVE PLANS AND SPECIFICATIONS AND SET BID OPENING k'OR BUTTE COUNTY
LIBRARY CHxCO BRANCH AND GRIDLEY BRANCH
Jim Johansen, auditor, set out the background of the report
:relative to fiscal information `'concerning construction of the libraries.
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April 14, 1981
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The analysa;s included a report on special funds to special insurance funds,
the ramifica,t~;on of Rxoposition 4, and the impl~;cations of the appropriation
for contingenc;Les, He.set out the projected funds in the insurance
funds and th:e claims outstanding against those funds, There are about
25% to 301 of the balances charged to restricted funding sources. There
are many risks involved in the liaUility fund. He was concerned about
the self-insurance programs that were relatively young. He would
recommend that the Board have an outside organization da an actuarial
study on the insurance funds with the idea toward determining what the
cost is. He felt tfie proposal would allow for a report back to the Board
as early as-June 30, 1981 wfiich would tie into the budget process for
next year. If tfiey find the reserves are adequate the county could reduce
the charges to departments and provide additional financing fox priorities.
Tfiey could also feel that the contribution rate should be continued.
Another aspect considered was Proposition 4. His office determined
essentially as far as the long term is concerned with building the
libraries from the cash basis or the lease basis it would not affect
Proposition 4 appropriation limitations. One provisions that could have
an indirect but material affect on the Board providing services requires
that any underappropriated~~revenues would be returned to the taxpayers.
A bill that is pending, SB 361, would change that. Proposition 4 should
not be a limiting factor for some years to come.
Another factor to be considered i`s. the ability of the county
to provide services for the citizens. That is the financial situation as
to the ability to fund next year's budget. They are faced with many
uncertainties. The county does not know what the state is going to do
as far as subvention to local agencies. Another alternative proposal by
the state is to reduce the motor vehicle in-lieu license fees that could
mean as much as $1.3 million to 'the county.
Supervisor Lemke stated that a suggestion had been made to him
relative to the road funds. Due to the overzealous selling of foreign. cars,
there could be a $2.00 fee placed on the registration fees for the road
funds.
Mr. Johansen felt that the uncertainties should be considered,
The timeline for adoption of the state budget is June 15, 1981. The bill
to terminate per diem went down the tube. They might have to wait until
August for the final results. This does not mean the county should not be
developing certain alternatives. Tf certain things do not materialize the
:ounty should be beginning to make alternative plans for what reductions
the county would make. He would like to bring back an additional report
on Butte County's specific problems.
Dan Blackstock, county counsel, set out the bid process for
the libraries. This is a dual step process. He recommended that the Board
go to bid. There is a need to find out what the buildings will cost..for
financial purposes. Until the county gets these figures, there is an
impartant provision in the architect's agreements that the amount of money
bid had to come in at the estimate. The county must add an additional year
to the cost provision. Tf the bids are in excess of that estimate, the
Board has the alternative to have the buildings redes~:gn.ed at no additional
cost. If this is put off, the county will fie pushing it as far as getting
the roof on Before the rains and the need for construction completed
next spring. Another step is tBe financing process. The county cannot
go out for the financing until there is a firm figure is the construction
cost.
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Supervisoz Dglan understood Mr. Blackstock. concerns relative to
finding out what the construction costs would_.i~e. Tf the county goes to
bid and finds. the state subventions are not-tfie~.e, sb.e iaas not sure the
county could continue witb_what they are doing.in the county building the
libraries with. reduction in Fasic services'. Tt can Se expensive in terms
aif expectations.. Na matter when the county goes out to bid, there will
6e the same problem with.a non-profit corporation Financing in that
there must be a 40-day delay for settling the financing problems. This
will happen anytime unless the Board decides to use the county funds for
the building of tfie buildings.
Chairman 'Moseley stated that the county would be paying three and
one-half times what the county would pay if they used their-own funds.
Supervisor Wheeler felt tfiat the county had the opportunity to
build these buildings in the past and did not take that opportunity. There
is a need for a commitment. There is a need for the county to go foxward
on these buildings. Not to go to bid is an affront to the people they
represent. She understood it was no longer possible to use the county's
funds. She has been talking with leaders of the community and different
organizations in Chico relative to contributions. A number of people
approached her as to the possibility of the furnishings and the cost of
the landscaping. The community wants to get involved in this (project.
In talking with the city representatives, they seem to be acceptable to
assuming the sewer fees. They do not have a problem with the off-site
3mpnovements.
Jo Terry, librarian, spoke regarding the cost estimates for
the libraries. The estimated figure includes ten percent of the building
cost plus four or five other miscellaneous item •including the furnishing
costs, which were slightly inflated for both libraries. As a standard
item the furnishings are considered ten percent of the building construction
costs.
Chairman Moseley felt that if the communities would pick up
the miscellaneous items, the county should try to build the buildings
with county funds.
Gerald Lively, deputy administrative officer, stated that
$1,8 million is for the building construction itself. It is a turn-key
building. There are no furnishings or Books. This includes carpeting
and air conditioning and heating. There will be alternate bids separate
for the off--site improvements.
Mr. Blackstock set out the timing for the procedure. The following
Tuesday after the bids are received, the Board could make a second decision
as to whether to go out for the money bid. That bid must stay out-for
three weeks. At the time that bids comes in, the county will be in a
position to make a decision. If the county decides to move then the
chances are the financial picture will be completed some time in July
or early August. The Board cannot accept the construction bid unt31 the
money is in the hands of the trustees. There is a tremendous amount of
paperwork involved with a lease/lease back situation. The schedule will
be coinciding with the key budgetary decisions if the Board continues
on this particular schedule. The contingency fee for Bartle Wells is
dependent upon the sale of the bonds. The architect agreement calls
for an additional component for going to bid.
Chairman Moseley felt the two libraries should B.e separated,
The library in Chico is for $2 million, The. Gridley liB.rary would
be $350.,000. The people in Gridley have been waiting eight years for
a liFirary and Chico-has tfiree li5~aries.
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April 14, 1981
Tt was moyed by Chairman Moseley that the county build the
library in Gridley w,itii county-funds .now as soon as can be done .and build
the library in Chico ~f.the county is able.
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Supervisor Wheeler asked Chairman Moseley if she was willing
to go to Bid for the-Chico library building witti~the nonprofit corporation?
Chairman Moseley was willing to go along with. that proposal.
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Supervisor Wheeler asked Chairman Moseley if she was willing
to make a commitment tFiat the county would continue with. the bid process
in setting up and construction of the 1iBrary in Chico.
Chairman Moseley felt that if the county could see their
way clear to using the $2 million in county funds far the library in Chico
she would like to see that happen. She would be willing to go with
the non-profit organization if the county could not Build the library
on a cash basis from county funds. This motion would allow for the
building of the library in Gridley with county funds. One year's interest
would be more than what this would cost.
Supervisor Lemke seconded the motion at this time. He appreciated
the need for the library. There is a requirement for the jail and the
Board is talking about $350,000 out of the budget. Priorities have already
been established. He could not get the Board to appropriate $5,090 for
the snowmobiles. He could not vote for the appropriation at this time
out of budget context. He felt it should be considered at budget time.
Supervisor Saraceni felt they had to iron out some of the
costs of the buildings as far as the libraries were concerned. There
has been an obligation on the part of Gridley to pay for the furnishings
and landscaping. He felt they should receive the bid on the Building.
Supervisor Lemke had no objections to approving the plans and
specifications or of splitting the Gridley branch out of the non--profit
status and considering the matter at budget time.
Motion amended.to reflect that consideration of funding the
library in Gridley with county funds would be considered at budget time.
Supervisor Lemke felt that there would be cooperation from
the community in Chico. He felt the people would help with the library
if they wanted the library built. Both of the libraries in Chico are
city-county cooperative libraries. They serve that particular city.
Supervisor Saraceni felt that it was necessary to go out to
bid so that if the bids are over, the architect can design within the
bids.
Supervisor Dolan was not willing to separate the issue of the
libraries because they were not different. The commitment of the Board
was for a library for each community.
Supervisor Lemke felt that the suggestion was made to split
the libraries with. the. possibility of using county funding for the
'branch in Gridley. He did not want to have to pay the amount of interest
ion the Gridley Library if it can be built from the budget.
~ Mr, Blackstock advised the Board they would have complete
Inflexibility until the contract is signed.
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.Second amended motion:
1. Approve plans and specifications for-Butte County Library
Chico firanch;~:autbnrize:publication of notice.to.bidders; and set bid
opening far`2;00.p,m, on ;Kay 28, 1981 in the:. Administrative Office
conference room,
2. Approve plans and specifications for Butte County Library,
Gridley branch; authorize publication of the notice to fiidders; and set
bid opening for 2:OO.prm, on May 28, 1981 in the Administrative Office
conference room.
Vote on second amended motion:
AYES: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman
Moseley
NOES: None
Motion carried.
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RECESS: 10:32 a.m.
RECONVENE: 1i~:48 aim.
AUTHORIZE .ACTUARIAL STUDY BY CSAC EXCESS INSURANCE AUTHORITY WITH
REGARD Tp GENERAL LIABILITY AND WORKER5 COMPENSATION SELF-INSURANCE
PROGRAMS
On motion of Supervisor Wheeler, seconded by Supervisor Lemke
and unanimously carried, an actuarial study by CSAC excess insurance
authority for the general liability and workers compensation self-insurance
programs at an estimated cost of $8,000 was authorized.
SUPPORT SB 361 (AL UIST) APPROPRIATTON OE OVER REALIZED REVENUES
T~ On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and unanimously carried, Senate Bill 361 (Alquist) relative to appropriation
of over realized revenues was supported.
APPROVE BUDGET TRANSFERS
On motion of Supervisor Lemke, seconded by Supervisor Wheeler
and unanimously carried, the following budget transfers were approved:
B-190- Chico Municipal Court. Transfers $12,000 from federal
revenue sharing - jail addition project; with $10,000 going to jury and
witness expense and $2,000 to transportation and travel in order to cover
current budget deficiencies and to provide an appropriation for the balance
of the fiscal year. The transfer is necessary as a result of greater than
anticipated jury and witness costs and visiting judges' expenses.
B-191 - Community Action Program. Aithin the 1981 special
assistance - building modification grant year, transfers $150 from rents
and leases of equipment to consultant services in order to cover energy
calculations contract fee. The transfer is within Community Services
Administration guidelines.
B-192 ~ Paradise Justice Court. Transfers $4,450 from the
reserve; witR $1,700-going to extra fielp, $1,500 to jury and witness
expense, $1,Q0.0. to office expense, and $250. to transportation and travel.
The purpose of tfiis transfer is to cover extra Fie1p costs due to a
maternity leave for a regular employee and to cover higher than
anticipated costs in jury witness and related activity accounts.
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-193 - Building Inspection. Transfers $2,00.0 from extra help
to maintenance o~ equipment in order to cover greater than anticipated
vehicle repairs..
Br14.4 ~ ProTiation. and Juvenile'Iiall. Establishes an appropriation
and budgeted revenue for implementation of tfie state. (SB 424) probation
training grant program in the-amount of $13;9$4 as follorzs: within the
Probation budget increases transportation and travel in the amount of
$8,9:84; and witFiin the Juvenile ~Ia11 budget increases extra help, $2,500
and transportation and travel, $2,50Q. Funding is from unanticipated
revenue - state aid - probation training grant,
B-195 w District Attorney - Famil Support Division. Transfers
$6,600 from the reserve to professional and specialized services in order
to cover greater than anticipated costs for Blood tests required in
contested paternity actions.
B-196 - Biggs Justice Court. Transfers $80.O.from jury and
witness expense and together with $1,300 from the reserve, increases
overtime in tI1e amount of $1,700 and transportation and travel $400 in
order to cover existing budgetary deficiencies and to provide an appropriation
for the balance of the fiscal year.
B-197 - Public Works - equipment acquisition. Transfers $18,834
from the road reserve to equipment acquisition in order to cover the bid
award for six emulsion sprayers required to be purchased as a result of
OSHA guidelines.
ACCEPT BTD FOR SALE OF THREE PARCELS (HCD~
On motion of Supervisor Lemke, seconded by Supervisor Wheeler
and unanimously carried, the bid of Richard Logue of Chico in the amount
of $20,833 for the sale of AP 35-167-16, AP 35-164-12 and AP 35-164-7 in
the E1 Medio area was accepted and the Chairman was authorized to sign
the sales agreement and deeds of trust.
PUBLIC HEARING: CONSIDERATION OF PROPOSED STANDARDS FOR ADEQUATE FIRE
PROTECTION
The public hearing on consideration of proposed standards for
adequate fire protection was held as advertised.
Bill Teie, fire warden, read a-prepared statement relative to
the proposed standards.
Supervisor Lemke stated that Fire Warden Teie had included staff
people his department would be dealing with on consideration of the draft.
This is going to be a major step forward far Butte County in putting
together the fire standards.
Mr. Teie stated that the Planning Commission had copies of
the draft. He recommended that the document be set aside and looked at
for an educational document. He felt that the draft could then be looked
at for extractions and consideration by the Board. There have been
developers looking at the document. They would like to handle this
draft as a revision to Section 13.2 of the subdivision ordinance. This
would be to tie to: final tract map. The Land Development Committee has
copies of the draft. He felt there were more things to he discussed
in the proposed draft. _
Hearing open to the public, Appearing;
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1. Bettye Blair, planning director, stated she had the
privilege of setting c~ith-each member of the Board when they. were reviewing
the document, The major tfixust was in terms of the fare element of the
General Plan. It is important to have Soule:quote as to what is adequate.
Sfie was supportive of what Mr. Teie fiord done.' She. anticipated many
modifications. Tfie Planning Commission should b_e involved in the
recommendations to the Board as a result in the amendments in the General
Plan. She felt that the Board should give direction as to what level
they will be looking at. As soon as there is direction from the Board,
she will take the matter to the Planning Commission formally.
2. Bill Pryle. Mr. Pryle was concerned with the classifications
for commercial buildings. Under class 5 with. the size. of 3500 square
feet the standard required that this will be divided by a four-hour fire
wall. This size building is relatively small. This would be a building
that complies with the fire standards but not economical, This is the
same.in class 6 and 7. This would add to the cost of doing business in
these buildings. He felt there was a tremendous need for more input into
these standards. Once these standards are adopted into the planning
process, they will be difficult to remove. He felt the toncept was good.
Hearing closed to the public and confined to the Board.
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PRESENTATION OF COhQ1ENDATION AWARDS BY FTRE DE_P_ART_k1~NT
Bill Teie, Fire Warden, presented the commendation awards by
the Fire Department to the fallowing three people for their service
over and above the call of duty. The services they performed were for
CPR procedures in saving lives:
David Hostetler, paid-call firefighter Company 45, Durham
Colin McLeod, paid-call firefighter Company 42, North Chico
Harold E. Coffman, CHP officer
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614
APPEARANCE: JAMES HANS~IN
Mr. Hansen spoke regarding the potential police state. He wanted
the Board to understand the danger of placing more and more potential state
laws on the people. He referred to the book written in the 1800s called
"The Law." He presented the book to Supervisor Wheeler.
APPEARANCE• RAMSEY GREGORY
Mr. Gregory spoke regarding a proposed project in process.
His difficulty relates the General Plan designation and the apparent
inconsistency with the specific zoning. This project is located on
Oak Way in the Chico area, west of Highway 32. The General Plan shows
the property as medium density. The zoning for this area is "S-R" zoning.
He had proposed a subdi~sion application to build six units per acre.
They were 65 days into this process when they were informed that the
project was fine but they would have to apply for "R-3" zoning for this
project. Tf they have to apply for the "R-3" zoning they will lose another
90 days minimum and will cost several thousand dollars. This land would
be uneconomical to development into orchards or single family residences.
He asked that the Board rezone this area to "R-3" zoning. Since the
start of the processing of hhe application, this is the 81st day.
The matter was continued to April 21, 1981 for a report
back from the Planning Director.
APPEARANCE: THOMAS KELLY, PRESIDENT_z BUTTE COUNTY BAR ASSOCIATION
Mr. Kelly presented a resolution adopted b_y the Butte County
Sar Association is favor of the funding for the Legal Services Association.
This resolution is similar to the resolution by the state Bar Association.
Page 238'.
April 14, 1981
~pxil 14, 1481
8~- The resolution endorsed the concept of providing legal services. For the
~' private bar to provide.these services iiy contract is impractical as the
contract might,be more expens}ve, The issue is not saving of money by the
', presexvatian of justice. He quoted from`-the.zesolution b_y the State Bar
Association;
', Supervisor Lemke stated the Board had received a similar letter
', from the Butte County Barristers- Association.
Mr. Kelly stated that the matter of contracting for legal
services has been discussed in their association. They have not done
a study on the matter as to the difference in costs. The type of law
that would be practiced in this area is outside the mainstream of what
', the practices are for the private attorneys. Legal services attorneys
deal with these laws day in and day out. To provide the services for
free, would not be enough to help these people. In information from
the S-fate Bar Association, the legal services field offices in
California handled 145,000 cases last year. The Bar feels the service
is best accomplished in the manner it is done at the present time.
615 APPEARANCE: BOB POTTER, BCEA
Mr. Potter presented information to the Board relative to
the deferred compensation committee representative request made last
week.
The matter was continued to April 21, 1981.
616 APPEARANCE: DON SLAKE
Mr.-Blake felt the Board had made the right decision with
regard to Legal Services Association of Northern California.
', 617 ADOPT RESOLUTION 81-71, 81-72, 81-73, 81-74, 81-75, 81-76: EAST RIDGE
ASSESSMENT DISTRICT: PUBLTC HEARING DATE SET
Bob Brunsell, bond counsel, set out the action being request
', with regard to East Ridge Assessment District. This is fox the street
and utilities improvements in the East Ridge Subdivision.
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and unanimously carried, the following action was taken regarding East
Ridge Assessment District:
1. Adopted Resolution 81-71 rescinding Resolution 80-158
(Resolution accepting proposal for special assessment proceedings).
2. Adopted Resolution 81-72 approving agreement for engineering
services with Cook Associates and the Chairman authorized to sign.
3. Adopted Resolution 81-73 setting the time and pace of
hearing for determining public convenience and necessity at June 2, 1981
at 11:15 a" m.
4. Adopted Resoluion 81-74 of intention.
5. Authorized the filing of the Engineer°s Report.
fi. Adopted Resolution 8175 accepting report and setting
hearing of June 2, 1981 at 11:15 a.m. of protests. _
7. Adopted Resolution 8176 calling fox construction bids.
8, Authorized the filing of notice of improvement.
9. 'Authorized the filing of notice to contractors.
Page 239-. April 14, 1981
81- 618 ~'
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April 14, 1981
CONSIDERATION OF LAND DEVELOPMENT COM[~ffTTEE REPORT
Consideration of the Land Development Committee report was held
at this time.
Lee Colby, chairman of the committee, asked-that the matter
b.e continued in order far the committee to review the department head
responses. He asked tfiat the Board set up a work meeting between the
Board, the committee and .department heads.
The matter was continued to April 28, 19$1 at 1:30 p.m.
619
620
621
622
623
Roy Roney stated fie was instructed by the land use committee
of tine Farm Bureau to bring their concerns to tfie attention of the Board.
They were against the concept except for two things which were the
combining of Public Works and Environmental Health Departments and
elimination of the underlying subdivisions.
Mr, Colby felt that public hearings would be good. He felt they
could do some of the things in the report without a charter amendment
as suggested in Mr. Blackstock's letter.
APPROVE MENTAL HEALTH IN-PATIENT FACILITY CONTRACT WITH GLENN COUNTY
On motion of Supervisor Lemke, seconded By Supervisor Saraceni
and unanimously carried, t1Te contract with the County of Glenn to purchase
up to 50 patient days from Butte CountyTS Mental Health in-patient
facility in Chico that covers the period April 14, 19.81 through June 30,
1981 and is for a daily rate in the amount of $145 per patient not to
exceed $7,500 was approved and the Chairman authorized to sign.
PUBLIC HEARING DATE SET
A public hearing date of May 5, 1981 at 10.:x0. a.m. was set for
Edward Correira petition for variance to Sectionssl9-10 and/or 19-12 of
the Butte County Code for placement of a mobile home on AP 72-14-23,
5175 Oro Bangor Highway, Oroville. Zoning: "A-5"
APPROVE VARIANCE RENEWAL
On motion of Supervisor Wheeler, seconded by Supervisor Lemke
and unanimously carried, the following were approved:
1. Fred and Marita Gates renewal of variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home on
AP 31-25-3-041, 1131 Grand Avenue, Oroville area. Zoning: "A-2"
2. Rupert M. and Helen Hoecherl renewal of variance to Sections
19-10 and/or 19-12 of the Butte County Code for placement of a mobile home
on AP 30-71-32, 1663 20th Street, Oroville area. Zoning: "A-2"
ADOPT ORDINANCE 2209: WAIVE SECOND READING OF ORDINANCE ESTABLISHING SPEED
LIMIT ON SKYWAY (PARADISE PINES AREA}
Supervisor Lemke submitted a letter from Charles Parker, Sr.
relative to the speed limit on Skyway.
On motion of Supervisor Lemke, seconded by Supervisor Wheeler
and unanimously carried, the second reading of the ordinance establishing
a 35 miles per hour speed limit on Skyway (Paradise Pines area) was waived;
Ordinance 2203 was adopted and the Chairman authorized to sign.
ACCEPT FTORK ON REROOFING OF CHICO MEMORIAL HALL ,AND OROVILLE JUSTICE
COURT AND AUTHORIZE FILING OF NOTICE OF COMPLETfiON
0n motion of Supervisor Wheeler, seconded_hy Supervisor Saraceni
and unanimously carried, the work of Pexma*^Tite Roofing Company was accepted
Page 240..
April 14, 19.81
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625
626
627
628
Apx'il 14, 1281 - -
for xeroofing of Chico Memorial Hall and Oxoville Justice Court project;
the Chairman was authorized to sign the notice of completion and the
Clerk was directed to record said notice ~ritlr th.e recorder.
APPROVE RIGHT~OF=WAX 'ACQUISITION CONTRACTS -SKYWAY FAS Y742(3)~PROJECT
On motion of Supervisor Lemke, seconded &y Supervisor 5araceni
and unanimously carried, tfie following rigfit-of--way acquisition contracts
for Skyway FAS x7423)_ Project were appxoved; the Chairman was authorized
to sign; and the Auditor was authorized to make payment upon demand of the
countyTS escrow agent:
1. Alm Estate parcels 2 and 4 (abandoned Southern Pacific Railroad
right-of-way to be exchanged for these two parcels)..
2. Robert Cadwalader et ux parcel 5 (.$3,500- and exchange of
abandoned Southern Pacific Railroad right-of-way involved in this
acquisition).
3. Howard Churchill et ux parcel 8 (,$850-- exchange of abandoned
Southern Pacific Railroad right-of-way involved in this acquisition).
AWARD BTD, DURHAM-DAYTON HIGHWAY PROJECT N0. 442-1-80-1
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and unanimously carried, the bid for the Durham-Dayton Highway Project
No. 442-1-80-1 in the amount of $175,145 was awarded to tfie low bidder,
Butte Creek Rock; the contract was approved and the Chairman authorized
to sign.
REPORT ON COMPLAINTS OF CONSTRUCTION PRACTICES ON SACRAMENTO AVENUE
ASSESSMENT DISTRICT PROJECT
Clay Castleberry, public works director, advised he had made
calls to the engineer of work and as a result the construction site is
somewhat better, There were dust problems.
Supervisor Dolan stated the reason she had brought the matter
up with the Board so they were aware this was not a popular construction.
There was an elderly man who was not treated in the best manner. The
construction traffic was directed through a private drive. In one group
of homes the water was cutoff without warning. She was sure that
the contract called for keeping the dust down. She felt the result would
be something people would support but it was hard to see at this point.
Mr. Castleberry was disappointed in the manner in which the
contractor was operating. The site is in better condition than it was.
PUBLIC HEARING DATE SET
A public hearing date of May 5, 1981 at 10:00 a.m, was set for
consideration of Leonard Sitton (Mary Loomis) extension of interim "AR-MH-5"
(agricultural residential mobile home - five acre parcels) zone.
PUBLIC HEARTNG DATE NOT SET FOR ,TORN LUALLEN EXTENSION OF INTERIM "PA-C"
(PLANNED AREA CLUSTER) ZONE
A public hearing date was not set for the Jofin Luallen extension
of interim "PA-C" (planned area--cluster) zone. The Board will allow the
interim to run out.
RECESS: 12:05 p. m,
RECONVENE: 1:30_p,m,
Page 241,
April• 14, 1981
,~~..,
•.... K
81~ 629.
~'
fi30
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Apxil 14, 1981
PUBLIC BEARING DATE SET
Bob..Boyden submitted a list of the-changes. and modifications for
the building code fox o~ner~built dwellngs..in.des~gnated rural areas Cas
modified from California "K" CodeZ..
A public hewing date of 11ay 12, 1:9.81 at 1;-30. p,m. was set
for consideration of the modified code.
JOINT MEETING
The joint meeting witfi the Board of Supervisors and Planning
Commission was held as advertied.
Acquisition of soil classifi_cati_on mans discussion
Supervisor Dolan introduced Bi11 Webb, Dennis May and Ernie
White from the Soil Conservation Service.
Supervisor Wheeler stated that people have been concerned
about the update on the soil map. The reason this had not been done
is the cost. Other counties around Butte County have current soil maps.
They are eligible for funding because of the classification and are in
a soil conservation district. She understood that when Butte County
attempted to form a district, the agricultural community voted against this.
Mr. Webb stated that the Soil Conservation Service came into
being in the 1930s. About that time conservation districts began to
appear. The local representatives of the district are either appointed
or elected. There are five people who represent people of that area. This
can be a county-wide district or a smaller area. Over the years there
have been at least one or twoeefforts to get a district into .Butte County.
The first time, for one reason or another it failed. The last time this
was tried was in 1976 and the general concensus was support for the
district. The effort was when the county was trying to form the district,
that so many people wanted to be excluded that it was not worth the effort
to set up the district. The district has taxing authority. There was
a great deal of support and a great deal of opposition even from the farm
community. There is the federal program in Butte County. They do service
some people in this county. Dennis May of Corning is the administrator
responsible for Tehama, Glenn and Butte Counties. Ernie White is one
of the directors on the Corning Resources District. In his area there
are 19 resource conservation districts. A number of them are using a taxing
source for revenue to operate. They operate on budgets from zero to $2,000.
They have some equipment acquired several years ago through the Soil
Conservation Service that was donated to the districts. After one year
this equipment became district property. The district receives revenue
from renting this equipment out to people. There is land leveling equipment
and tractors. Other districts sometimes .come to the boards of supervisors
requesting funds from the county. It is not a mandatory contribution
from the counties. When a district needs help the Soil Conservation
Service make the manpower available for the help to carry out the program.
Mr. Webb set out the costs that would be involved if his office
were to set up an office to do the mapping of the county. The total cost
would be $59,656 per year and it would probably take five years to do the
map. It is necessary to be a district in order to compete for a place
on the priority list fox having the maps prepared. It will take from
ten to fifteen years down the road to get a map witfiout the district. If
a district is formed it will Ile about one year before they could start
the mapping process. The cost over a five year period would probably
be $298,000. There would be no cost to the county. At the present time,
they are providing token service. Theoretically, if they were to staff
an office there would be about ~130,OOO.anuually coming into the area.
age 242.
April~l4, 1981
81-
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Apr~.l 14, 1481
Their office has the responsibility to map all sails of the United States.
Their ultimate goal is 19.46..
Mr. Webb .set .out how a district is formed, There must be at
least lOO_signa,tures ~rom.the people throughout .the area proposed for
the district signing a petition. They must be land owners and registered
voters. Once tFie signatures are obtained LAFCo.becomes involved. The
Board has tfie power to set up the district.
Supervisor Wheeler asked that the information relative to the
last discussion on this issue be provided to th.e Board. She would like
to have copies of the minutes and the testimony of people on this matter.
She asked that staff research this matter.
Mr, Webb stated that if the Board decided they wanted to form
a district, he would be happy to help in any way possible. They have a
slide presentation that would be very helpful.
Supervisor Dolan stated she would be baggy to work with Mr.
Webb in setting up informational meetings in the evenings giving notice
to the communities.
Mr. Webb to provide a list of names of people interested in
the formation of a district.
Mr. White stated he was a member of the Corning Resource
Conservation District. There are five people on that board tfiat serve
for nothing. Last year they sent a letter to the Board asking for money.
The Corning Board works on a grant from the county. This program is
doing some work in Butte County. The board of directors set the priorities.
They take care of Tehama County. If they have the manpower, they come
into Butte County. They worked on a budget of $859.
Appeals from Planning Commission decision
Ron ~, chairman of Planning Commission, stated there was some
concern with the commission as to the reversals by the Board. There were
eleven reversais this last year. The concern was not so much the fact
that the Board overruled their decision. Tfie Commission would like to
get direction as to the criteria for granting use permits and zonings.
The commission uses the General Plan as criteria along with the Land
Use elements and the zoning criteria. They try to come up with a
decision after sometimes many hearings. The commission feels they are
sometimes not in tune with the direction the Board wants then to take.
-They are fairly consistent in their decisions, There are people starting
to bypass the commission with pertinent information regarding the projects.
Commissioner Wheeler felt that perhaps the commission was getting
a little heavy in the decision making at the commission level and
burdening the Board with appeals. He would defer to Counsel if there
-was another type of hearing that could go on the appeal process rather
than a complete hearing. If they were to hear only new information, the
.hearing would be presented much fuller at the commission level and cut
jdown on the appeals to the Board.
Supervisor Lemke did not know how many total number of hearings
the Board heard last year but there was probably 2QO or more. He wondered _
if the commission considered eleven reversals a great deal of difference
in an advisory capacity.
Commissioner Max felt it was a large number, He felt that the
reasons for tlze. reversals were contrary to the guidelines they follow,
Page 243.
April 14, 1981
_ _ _ klpxil 14, 19.81
81- critexia on the.Land~Use eleu~ent yr specific zoning. .He knew that in a
v certain number o~ cases.-he felt they were.consistently not consistent with
the Board, He_~ondered if the commission was possibly doing something wrong.
Supervisor wheeler did not think the commission was doing anything
wrong. 'Maybe the commission in their analysis of the projects look at
eacFi issue a little differently than the Soard looks at the project. She
felt that quite often they were dealing with-policy and procedure and there
are intrepretations and maybe the information.firougfit forward to the Board
or the information not available at the commission level would encourage
the Board to change the decision.
Commissioner Max stated that in a particular area they have
considered soil, water and too much slope and turned a project down.
The Board considers this same project and approves it. Then three months
later they will have another project in the same area and the applicant
will say the Board approved the previous project and the commission must
still. deny the project.
Commissioner Bennett stated that there was one.fundamental element
being overlooked and that is that the commission functions in apolitical
vacuum. It is nothing compared to what the Board faces. The commission
makes a decision on policy and then it goes to the Board, who changes
that decision. He did not see any problem with the Board reversing the
decision. He accepted the position on the condition that he would be
permitted to make the decisions at the commission level the way he
fit.
Supervisor Lemke stated that his appointee is allowed to make
the decisions as he feels they should be done. Going through the process,
it is quite possible the developer has figured out the Planning Commission
will react to a certain item a certain way and will hold back until they
get to the Supervisors on appeal. One:~of the things established a number
of years ago was a policy that the appeal at the Board level would only
be heard on new information. He was only aware of what happened at the
commission meeting through the minutes. In many cases when there is
additional information the Board sends the matter back to the Planning
Commission. He was not too upset about the eleven appeals.
Commissioner Lambert was wondering about when they talked about
adequate access to a project, adequate fire protection. She was referring
specifically to Doe Mill Road.
Supervisor Lemke feat the Board was moving forward relative
to the definition of adequate fire protection. As the Board comes up
with the proper answers for these questions, the commission will be
advised. Some of the terminology is ambiguous. Another reason why the
commissioners and the Supervisors differ on particular zoning densities
depend upon the environment in which the person is exposed to. He grew
up in Jersey City, New Jersey and his ideas of high density would differ
from someone who had been raised in another part of the country.
Commissioner wheeler was concerned with-the impacts of projects
on Butte County. He was concerned with the fiscal impact on the count•7.
Other areas use information gathered from the auditor, a sessar;• treasurer,
chambers of commerce and from all segments of the economy. This information
is stored in a computer and will then tell the fiscal impact on annarea.
He would like to see some type of action taken to make that information
available to the commission and the Board.
Supervisor Aolan agreed with. Commissioner wheeler. She felt
the economic impacts, the issue~~ affordable housing and elimination of
Page 244.
April 14, 1481
~1pxi1 14, 1981
unnecessary problems: could be.resolyed. The otherconsideration would
b.e what ~:s tha other impact on-the budget-and .services provided by the
county. There are times when there axe xec~uests to .remove conditions on
subdivSions in order to make the pro3ecti cheaper. Sometimes this is more
costly on the county to complete the deleted conditions..
Commissioner Schrader stated tfiat there-must tie addxessed the
cost of income to the county in comparison of the present income to the
county with the land as it is. This has to be addressed.
Supervisor Wheeler advised that this information could be done
by data processing. This could be done as long as a centralized data
processing service is maintained. They have Been discussion the inventory
for Planning.
Supervisor Lemke felt that Commissioner Wheeler was talking
about the financial and fiscal impacts as they relate to any specific
development and what the cost of that development will 6e as it re~:ates
to the county. If they are concerned about county services to a particular
area, they would want the highest tax producing housing on those lots, and
at the same time concern ourselves with affordable housing. How do you
meld those two together and come out witfi something a person can afford.
Commissioner Schrader felt that one of the top priorities will
have to be the fiscal impacts with the economic conditions as they are.
Commissioner Bennett stated this was remotely related to a
problem that happened a few years ago when a developer put in projects
and did not do much in the way of improvements. There are more and more
requirements being placed on developers and he felt this was a good thing.
Supervisor Wheeler felt that they should be considering the
old subdivisions. There are legal subdivisions that cannot be built on.
She would like to see the commission consider the old subdivisions. The
adpption of an ordinance would be the first step in dealing with this problem.
Counsel was directed to research the issue of old subdivisions.
Re nest for ma for Board room as in revious uarters
Commissioner Max asked that a map of Butte County be prepared
for the Board room. This would be very helpful to the commission as well
as the Board.
Bettye Blair, planning director, stated she had discussed this
matter with the Administrative Officer. They would like something that
looks well in the Board-room. They will come up with the money for the
map some way.
Supervisor Saraceni hoped that the Planning Department would
have time to finish the Housing Element and not have Planning overloaded
with additional work.
Policy direction regarding imposiag covenants/development
ri¢hts on use vermits-and PA-C zones
Commissioner Max stated that they had talked with Counsel
relative to the conditions on use permits and PA-C zones. The recommendations
on tfiese conditions come from staff. The commission was-not too sure about
the realm of asking for covenants.. The question: is what authority the
commission fias relative to this matter.
Page 245.
April 14, 1481
81-
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~gxil 14, 1981
Supervisor Lemke stated that Count~+ Counsels, opinion in the
past has heen.thst covenants will not hold up, The-only othex alternatives
in some instances is-there. would .be no project,. The.Board has allowed
covenants in some cases. He felt the commission .should leave the conditions
on the project and if they are waled ttie:Board can handle at that level.
Commissioner Wheeler stated that they do not have the benefit
of Counsel during their meetings,
Commissioner Max stated they requested Counsel at some of the
meetings when they were aware there might be a problem. Many times they
are not aware there will be a problem until they get into a hearing.
Discussion as to compensation for Counsel when meetings are
held in the evening held at this time.
Commissioner Wheeler stated that the commission does not always
know when there will be a prolilem. There have been times when hearings
have had to be continued until they are able to get an opinion from
Counsel.
Supervisor Lemke suggested that the commission discuss this
matter with Counsel to see if something could tie worked out to have Counsel
present at the meetings more often than with an on-call basis.
Del Siemsen, deputy county counsel, stated he would not be able
to answer the questions on the night of tfie hearing. When a question
arose at a meeting and he did not have an opportunity to research the
question, he would have to ask for a continuance to do so. The question
comes down to whether the commission wants Counsel at the meeting to answer
questions he did not feel were significant legal questions. This
would be up to the commission to decide. In other questions, he would
have to ask for a continuance to research the questions.
Commissioner Max stated they tried to anticipate as many problems
as possible prior to the meeting. Many times they get a ruling from Counsel
prior to a hearing. Many times they cannot anticipate the questions.
He felt that maybe they should have someone from Counsel's Office at the
meetings.
Mr. Siemsen stated that he attends meetings for LA~'Co, BCAG,
Planning Commission and Land Conservation Act Committee only when he
has been asked prior to the meeting.
Clif Nickelson, administrative officer, stated they were not
that far from being asked for additional deputy County Counsel positions.
This is one way of not having to add additional positions.
Commissioner Wheeler stated the commission has a problem when
considering PA-C zoning issues. He felt this was a good zone. The
commission by virtue of this being a zoning district, are expected to
pass judgment on the conditions and mitigation measures that aren't
necessarily in anotfier type of zone. When subdivisions are considered
there are department fieads who are trained and paid for that kind of
knowledge. He had no objection to review at the Advisory Agency level.
Supervisor Lemke suggested that it is almost necessary for
the departments fieads involved with the construction process to be
available to the commission when they are discussing PA-C zoning requests.
Page 246,
Apr31 14, 1981
~Apx~.l 14? 1981
81~ Commissioner 3`~ax £elt that manX ti~ge~.tbey'.~ere going .over
b' recommendations ok Public ~Toxks, They. had the proposal fox .Butte. Creek
', East }iefo xe tfie commission: Tbey had -tfie' recommendations o£ the various
departments relative to tfie projecC. Tn going out to the project
tfiere were pointed ouC many things the commissioners .felt were not answered.
The commission added many tfiings mayFie tfiey sfiould not. have added to the
project. He felt tfiis•Tiothered all the commissioners. The PA-C zoning
', seems to fie getting larger and larger outside. tFie planning process in nature.
', Maybe the commission should take the word of tfie departments relative to
tfie cconditions and not get involved. The commission would only have
to be concerned witfi density and land use. Maybe that was the answer.
Commissioner WTneeler would go along with that suggesting. Then
', the only responsibility the commission had would be consideration of the
', planning issues.
', Supervisor Lemke felt it would not be necessary for the commission
to handle those items that require an engineering degree. The recommendations
coming forward from staff would go with the project. The commission would
then only deal with the planning aspect of the project. He felt the
commission should be relieved of the responsibilities relative to the
conditions.
Commissioner Lambert felt that the only thing different about
the PA-C zoning was that the commission must look at the entire package
and the conditions. She was willing to consider the conditions. The
commission might want to modify some of the conditions.
Commissioner Schrader stated that Ever Glo was a good example.
The commission could have sent the project through. with the density and
sent forward for the Board to decide the road distances. Another thing
they are trying to get rid of is the A~-2 zoning. He was concerned when
the Advisory Agency requires an applicant to seek a certain zoning.
That zoning request comes to the commission and is denied and then it
goes to the Board. The applicant has fulfilled the Advisory Agency conditions
and the property still remains in the A-2 designation. He suggested that
the Advisnry Agency should make the rezone a condition of the map.
Mr. Siemsen advised that when conditions are placed on a project
they have to be reasonably related to that project. If they can proceed
', through tfie existing zoning, the county cannot require they meet another
zoning district.
On motion of Supervisor Lemke, seconded by Supervisor Saracens
and unanimously carried, the Planning Commission was officially commended
for carrying out their duties in a job which in most instances is on a
voluntary basis for a pittance and the amount of time that is spent in
the field and that Butte County owes the Planning Commission a great debt
of thanks.
', RECESS: 3:27 p.m.
', RECONVENE: 3:43 p.m.
631 UPHOLD PROTEST OF RICHARD AND LIND CHERRX, HELEN RAWLIN, JACK WILLIAMSON
AND MICHAEL AND JO ANN TUNER OF NONE-RENEWAL OF LAND CONSERVATION ACT
CON~fRACTS
On motion of Supervisor Dolan, seconded_bX Supervisor Lemke
and unanimously carried, the protest of nonce-renewal of Land Conservation
', Act contracts by 1tCchard and Linda Cherzy, Helen Rawlin, ,lack Glilliamson
and Michael and JoAnn Turner was upheld,
Page 247
April. ~ 14, 19.81
~1pxi1 14, 1981
81- 642 eE
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644
645
.rd et al, Chico. Seven lettexs have:Iieen.xeceived in opposition
to the groposed Lowen Company draft envixonmental impact report
and .rezone ,from. ~"A 2" (generall. and t'R lF' (si.ngle family residential)
to "PA C"' Cplanned area-clusterZ to allow the development of 44
residential dwelling units on property located on the southwest
side of S-tats Highway 99, on Fiotfi:sides of Estate Drive, identified
as AP 40--350=4, 13 and 14 and AP 40-0-2--124, southeast of Chico
which. has lieen set for April 28, 1981. To Toe considered at the
April 28, 1981 hearing...
Don Nissen, Oroville. Mr. Nissen writes in support of the present animal
control contract operation. Handled earlier in the meeting.
J. Ed and Joyce Jones, Stirling City. Mr. and Mrs. Jones wzite in support
of the assistance received by the Sheriff's Search and Rescue Unit.
Information; no action taken.
Alma Jean Berg, Chico. Ms. Berg writes requesting to have the opportunity
to ride the Chico Clipper witfiin its present service area at the
handicapped rates. information; no action taken.
Charlyne Cavanagh, Oroville. Mrs. Cavanagh, on behalf of Families for Mental
Recovery, writes with regard to acceptance of a proposal for the
special board and care facility to fiouse mentally disabled adults
and also requests that the Board fill tfie vacancies on the Mental
Health. Advisory Board. Referred to Administrative Office for report
back to the Board.
Memering and DeMers, attorneys at law. The attorneys, on behalf of Dale
Harris and John Harris, file a claim in an amount exceeding
$500,000 as a result of alleged damages incurred as a result of
the dealth of claimants' minor son on February 4, 1981 in Yuba
County. See motion folloiwxtg communications.
Butte County Barristers Association. The Barristers forward their
resolution in opposition to the elimination of the legal services
program. Handled earlier in the meeting.
State Department of Health Services. The department sends notification that
the report on Indigent health care is being waived for the 1980-81
fiscal year. Referred to Public Health Director.
REJECT CLAIM OF DALE HARRIS AND JOHN HARRIS
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and unanimously carried, the claim of Dale Harris and John Harris in an
amount exceeding $500,000 as a result of alleged damages incurred as a
result of the death of claimants' minor son on February 4, 1981 in Yuba
County was rejected and referred to County Counsel and Risk Management
Coordinator.
'LETTER OF SUPPORT TO BE SENT FOR "BE KIND TO ANIMAL WEEK"
A letter of support is to Ee sent for "Be Kind to Animal Week"
jwhich starts April 9, 1981.
COMMUNICATIONS CONTINUED
McCain Associates, Chico. The engineexs, on behalf of Richard L. Ramsey,
appeal condition 4 on tentative pareel~map, AP 46-26-73, on the
', south. side of East 8tTi Street, 306-feet--west of E1 Monte
!, Avenue, Chico. Set for hearing May 5, 3981 at 10;30a,m.
Page 249_.
april' 14, 1981
81-
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~pr;Ll 14, _19.81
Baldwin Cgntracting Company, xlarysvi.lle, The contractor' appeals the
~dv~:sory ~lgency~s.denial o~.B.utte.Creek East tentative condominium
suFidiyision map (~,tept on wbicii. ari- EI)t was prey~.ously certified)
AP 4Qr01-25; 4Q-02-130:r 40.-02-132.-4Q 41-2, 4O~41r3, 46-38-50
and 46.38-57, one lot, Haneyrun Road adjoins on north side just
east o,f $leywa}*, Chico. Set fox..fieazng klay 5, 1.981 at 10:45 a.m.
ADDITIONAL OTTERS PRESENTED BY '.BOARD"MEPIBERS
Supervisor Lemke submitted a letter from 1?oriderosa Gardens
Motel asking that .people stay at tfie motel whenever tfiey are in Paradise.
Supervisor Lemke was concerned with. the memo from Mr. Crisan,
welfare director, relative to the notice of deficiency in the homemaker
program as it affects the providers of services on May 15, 1981. The
county received more money in allocations. The original allocation was
$1.6 million and was revised to $2 million and is still not sufficient
to carry the program through May 15, 1981. They will need time for notices
of termination. Hopefully the Legislature will provide the money for the
remainder of the year.
Administrative Office to distribute information to senior
citizen organizations and report back to the Board on this matter.
Supervisor Lemke submitted a letter from Assemblyman William
Filante relative to the existing law about multi-language ballots.
He was asking for support of AB 742 which would allow each county to
determine how to respond to the demand. This bill does not affect counties
subject to the Voting Rights Action of 1965.
Supervisor Saraceni advised that Lt. Governor Curb would be
at the Board of Supervisors Room on April 20, 1981 to speak on economic
development. He will also be going to the Chien City Council Chambers.
Supervisor Wheeler submitted a letter from Mrs. Eleanor VanNuys
opposing the proposed 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 property located on the southwest side of State Highway 99, on
both sides of Estate Drive, identified as AP 40-35-04, 13 and 14 and
AP 40-02-124, southeast of Chico which has been set for hearing on April 28,
1981.
Supervisor Wheeler submitted a letter from Robert E. and Judith T.
Shepherd asking that the Board waive the improvement requgrements for a
building permit to change property located at 18I East 9th Avenue, Chico,
AP 45-061-17, from residential use to commercial use.
Petition asking
from Poppy Street to 1901
back with a proposal for
that the Chico Clipper Service be extended
Dayton Road was referred to Public Works to come
extension of the Clipper Service along Dayton Road.
Letter from Berneice Pratt relative to some type of property
agreement for access referred to Public Works Director.
Supervisor Wheeler asked that County Counsel research the
question dealing with paramedic access to swimming pools.in private homes.
Supervisor Wheeler advised the Board she would be sending a
letter to Glenn County Board of Supervisors as the chairman of the
Data Processing Executive Committee addressing computer services provided
to Glenn County. There were erroneous. statements made about the computer
center. Page 250.
April 14, 19.81
81- 632
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634
635
636
637
638
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640
~1p~~1_14, lgal ------------------
ADOPT ORDINANCE 2210.;. INTERIM ~"~iT~l" ZONING ~O~i PROPERTX OWNED BX FRANCIS
;A14D .JUANITA JOHNSON
On motion of`Supervisor Saracens, seconded~fiy Supervisor Dolan
and unanimously carried, interim zoning ""RTT1"' was placed on tfie Francis
and Juanita Johnson property for a period of 120:daXs; Ordinance ~~10
was adopted and the Chairman authorized to sign,
i~EPORT TO BOARD RONALD'J. EVANS DENIED REZONE
The report to the Board on Ronald J. Evans proposed negative
declaration and denied rezone from "A-20" (agricultural - 20 acre parcels)
to "A-5" Cagricultural - five acre parcels), property located on the west
side of Esplanade, approximately 1,700. feet nortfi of Garner Lane, iddntified
as AP 44--02-52, nortfi of Chico was accepted for information.
ADOPT ORDINANCE 2211: INTERTM "R-3" ZONING FOR AP 43-260-004 & D05 LOCATED
ON WEST SACRAMENTO AVENUE, CHTCO AREA
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, interim zoning "R-3'" was placed on AP 43-260-D04
and 005 for property locatec~n West Sacramento Avenue, Chico area for a
period of 120 days; Ordinance 2211 was adopted and the Chairman authorized
to sign.
LATE REQUEST FOR DEFERRAL AGREEMENT FOR SACRAMENTO AVENUE ASSESSMENT DISTRICT
FOR LAWRENCE AND ROSE JOHNSON (328 NO_RD AVENUES WITHDRAWN
Dan Blackstock, county counsel, advised that the late request
by Lawrence and Rose Johnson (328 Nord Avenue) for a deferral agreement
for Sacramento Avenue Assessment District had been withdrawn.
APPOINTMENT TO BUTTE COUNTY HOUSING AUTHORITY
On motion of Supervisor Saracens, seconded by Supervisor Wheeler
and unanimously carried, Manuel Naranjo, Jr. was appointed to the Butte
County Housing Authority, District 1.
APPOINTMENT TO COUNTY EMPLOYMEDIT TRAINING ADVISORY COUNCIL (CETAC)
On motion of Supervisor Lemke, seconded By Supervisor Saracens
and unanimously carried, James Hayes was appointed as the veteran's
representative to County Employment Training Advisory Council (CETAC).
APPOINTMENT TO AGRTCULTURAL ADVISORY COMMISSION - CONTINUED TO APRIL 21,
19x1
The appointment to the Agricultural Advisory Commission,
District 5 was continued to April 21, 1481.
APPOINTMENT TO THE BUTTE COUNTY MOS UITO ABATEMENT DTSTRTCT
On motion of Supervisor Lemke, seconded by Supervisor Dolan
and unanimously carried, Bernard Knapp was appointed to the Butte County
Mosquito Abatement District, District 5.
APPOINTMENTS - CONTINUED TO APRIL 21, 1981
The following appointments were continued to April 21, 1981:
1. Appointment to the Mental Health. Advisory Board.
2. Appointment to the County Justice System Advisory Group.
641
AUTHORIZE LETTER OF ~{ESFONSE TQ CITY OF CHICO RE; ~INEXATION OF UNINCOR~•
PORATED AREAS'W,ITHIN PRIMARY SPHERE Ok' INFLUENCE
On motion of Supervisor LemTce, seconded TS.y Supervisor Dolan
and unanimously carried, a letter of response~to City of Chico regarding
annexation of unincorporated areas within primary sphere of influence
was authorized.
Page 248.
April 14, 1481
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Supexy~,~ox Wheelex advised she ha,d asked Counsel to work on a
nuisance oxdinaace.~01' agr$.cultuxe, She asked that a draft copy o,f the
ordinance. be seat to-the Cali~oxnia Women'.£ox klgxicultuxe, the Agricultural
Advisory Commission and the Farm-Bureau fax comment hefoxe the f~,na1 draft
is prepared.
Supervisox Wheeler stated she would_fie testifying before the
Criminal Justice Committee relative to the drug paraphernalia issue.
Supervisor 5araceni stated that he had asked Lt. Governor Mike
Curb to come to Oroville relative to economic development. This was
coordinated with BEDCo, OITCo and the Chambers of Commerce of Oroville
Gridley and Chico. With 20 percent unemployment and some of the economic
problems in Butte County, he hoped they could see a difference in the
future activities to increase the future payroll in the county.
Supervisor Wheeler stated that the data processing staff had
prepared responses to the statements made relative to the article:~in
the newspaper concerning Glenn County officials and data processing
problems. '
ADJOURNMENT
There being nothing further before the Board, the meeting was
adjourned at 4:15 p.m. to reconvene on•Tuesday, April 21, 1481 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK-
RECORDER and ex-officio Clerk
of the Board of Supervisors
Chairman, B"oard of pervisors
By
Page 2$l.
Apxi1 14, 1281