HomeMy WebLinkAboutM051981STATE OF CALIFORNIA }
SS.
„OUNTY OF BUTTE )
May 19, 1981
81- The Board of Supervisors met at 9:00 a,m. pursuant to adjournment.
,~' Present: Supervisors Dolan, Saraceni, Wheeler and Chairman Moseleyo Clif
Mickelson, administrative officer; Aan Blackstock, county counsel; and Clark Ao
', Nelson, county clerk-recorder, by Nancy Wilson, deputy clerk, Absent:
Supervisor Lemke
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Saraceni.W
808 (AMENDMENT TO MINUTES OF APRIL I4, I98I RE: ACCEPTANCE OF BID FOR SALE OF
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
arried, amendment to minutes of April 14, 1981, minute order 81-609 regarding
cceptance of bid for sale of three parcels {HCD) to reflect the following
3s'"' approved:
the bid of Richard Logue of Chico for the sale of AP 35-167-16,
AP 35-164-12 and AP 35-164-7 in the El Medio area was in the
amount of $22,833 instead of $20,833,
809 APPROVAL OF MINUTES OF MAY 12 1981 - CONTINUED TO MAY 26 1981
Approval of the minutes of May 12, 1981 were continued to May 26, 19810
810 (ADDITIONAL MATTER BY COUNTY COUNSEL RE: RESOLUTION 81-89 ADOPTED MAY 5. 1981
Dan Blackstock, county counsel, stated there was a problem with
esolution 81-89 which was adopted May 5, 1981, minute order 51-734, setting
a public hearing date for Jim Bordoli abandonment of public utility easement
for Floral Subdivision Unit 3, Lot 18a The applicant had not followed through
y paying the necessary fees. He has no recourse but to withdraw the resolution.
Clay Castleberry, public works director, stated he would check on
matter and report back later in the meetingo
s11
812
813
Supervisor Wheeler stated she had legislation in support of drug
abilitation programo She will have copies available after lunch break,
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
arried, the first reading of a, salary ordinance amendment to implement a
,4% cost of living adjustment for members of the police units to be effective
u1y 4, 1981; to reclassify several positions; delete some vacant positions
nd add several new jobs was waivedo
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
ried, the following action was taken:
1. Approved request for penalty abatement for Carl A, Powell,
055-35-0-008-0
20 Approved request for penalty abatement for Norman Ga Smith,
046-15-2-006-0
3o Approved request for penalty abatement for John Peeples, AP
-03-0-053-0
4. Approved request ~o~;~Epenalty abatement for Randy A, Malone,
036-07-2-017-0 Page 3400
May 19, 1981
81'- 814
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May 19, 1981
'AUTHORIZE ACQUISITION OF FIXED ASSETS AND DIRECT PREPARATION OF BUDGET TRANSFER
WITH FUNDING COMING FROM RESERVE FOR WASTE PAPER SALVAGE
There was a motion by Supervisor Wheeler, seconded by Supervisor
Saraceni, to authorize the, Purchasing Department to make acquisition of fixed
asset of a 40 foot trailer, construction of a loading ramp and strapping
materials at an estimated cost of $5,000 for waste paper salvage; and to direct
the _,pre.parationc:of a!;.;budget.:•t.fansfer- with funding comiirgx=fxom the reserve,
Supervisor Saraceni stated the reason for going ahead with this is
the fact there will be some funds that will more than pay for the initial
amounto It will bring additional revenue into the county and they are looking
for thiso
Vote on motion:
AYES: Supervisors Dolan, Saraceni, Wheeler and Chairman Moseley
ABSENT:' Supervisor Lemke
Motion carried,
815
816
817
AUTHORIZE PURCHASE OF BOOKKEEPING MACHINE - AUDITOR'S OFFICE
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, the purchase of a NCR<499_bookkeeping machine for the Auditor`s
Office at a cost of $12,000 in lieu of leasing two of the machines as
previously authorized by the Board,was'authorized,_°budget transfer B°236
has been prepared to provide the necessary appropriationo
ADOPT RESOLUTION 81-96 - STIRLING CITY SEWER
C1if Nickelson, administrative officer, stated this action is being
recommended by the Auditor, This is a maintenance areao There is no way
to obtain additional funds and no money to cover the costs of operation,
The county cannot lend the moneyo It is recommended they be changed into
a county service area„ then the county can lend the fundse It can be charged
through per parcel charge, This should be sent to LAFCo, then Mro Castleberry
can make plans to do the repair,
Mro Nickelson would like the Board to investigate the possibility
of forming an independent sewer district so the people in Stirling City can
operate and maintain their own sewer districto A public hearing can be set
after LAFCo has reviewed it,
Clay Castleberry, public works director, set out the background on
the Stirling City sewer. It was built in the early 1900's by Diamond National.
When they sold out the town people asked the county to help them. This was
long before Proposition 13 and other concernso
Mro Nickelson stated they should adopt a resolution to reorganize
as a county service areao
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
carried, .Resolution 81-96m`akingzEapplicaton~t'o-LAFCo-~,to `init~i;3te ~psoceedings
reorganizing cthe ~Sti7ing City!. sewe:r"m~adsntenatioea~iisY.~ict-~ t<o'=a county service
area---wass<adop:ted!~and the Chairman authorized to sign,
DISCUSSION: ANNEXATION TO COUNTY SERVICE AREA N0, 21 (OAKRTDGE SEWF,R) -
CONTINUED TO LATER IN THE MEETING
Discussion regarding annexation to County Service Area Noo 21
(Oakridge Sewer) held at this time, -
Dan Slackstock, county counsel, recommended the Board hold a public
hearing and direct staff to come up with a proposal similar to the item
Page 341.
May 19, 1'981
May 19, 1981
81- handled earliero A district could be formed for people to gets-involved and
~'' they can handle their own sewer problemso
Clif.:Mick_elson; :aduiinistratiye~of"ficer;`"statQd,~.letter on today's
agenda from McCain Associates, Chico on the Robert E, Henning appeal of
', Advisory Agency's condition on a tentative parcel map was similar to the
matter being discussedo
', There was a motion by Supervisor Dolan, seconded by Supervisor
Saraceni to set a public hearing date of June 9, 1981 at 10:00 a,ma to
consider a sewer district as an appeal of conditional tentative parcel map
and tie it in with annexation of the four lots at the same time,
', Robert Henning, Chico, stated he was concerned about the placing
', of the two items togethere This keeps bringing people back on numerous
occasionsa He stated number 3 has already been annexedo He did not mean
to get into this type of discussion, He felt the sewer district was up to
them and should not be includeda It will be time consumingo
', Supervisor Dolan stated there were concerns before when the initial
project was approvedo There are four lots, one lot has a home on ito There
', are concerns raised by Mro McEnespy relative to who gets to use the sewer
ponds first, A conditional negotiation would be involved,
', Mro Henning stated they wanted to make sure the Noo 1 buyers
in the lot would be able to .annex and prior to anything that was added to
it, They are all in agreement to that, There are no concerns with the
water agreementse Everyone is quite friendly about it,
', Mro Blackstock questioned if the Board had received a report from
the county Health Department that that sewage is app raved in the four lots
', in writingo Tf there was a report in writing there would be no problems
Supervisor Dolan did not feel the Health Department would sign
the permit if there was going to be pollution, The ponds are in need of
repair nowo If four more lots are developed on, it should be monitored
and correctedo
', Supervisor Dolan requested her motion be tabled until later in
the meetings
', 818 APPROVE BUDGET TRANSFERS
There was a motion by Supervisor Dolan, seconded by Supervisor
', Saraceni to approve the budget transfers as follows:
B-228 - Welfare Special Programs.- Domestic Violence Pro~ramo
stablishes an appropriation for professional and specialized services, $1,380
nd direct services transferred, $138 with unanticipated revenue coming from
icenses and permits - other domestic violence, The purpose of this ,transfer
s to establish the budgetary appropriation and revenue for the Domestic
iolence Program (SB 1246) as approved by the Board of Supervisors on April 28,
981; minute order 81-6870
B-229 - Supplemental Manpower Pr~ramo This is a multiple page
ansfer adjusting appropriations to actual expenditures for all CETA accounts
r federal fiscal year 1980 and reflects the balance of carry-in funds to
e federal fiscal year 19810 The total amount of the transfer is $1,808,018,09,
th $525,476078 reflected as increases in the 1980 federal fiscal year to -
rious programs ,and accounts and $1,282,541,31 as carry-in funds to the 1981
decal fiscal yearn
Page 342.0
May 19, 1981
81•
May 19, 1981
J 8-231 - Board of Supervisor_so Transfers $57,500 from the reserve to
professional .and specialized services to provide the necessary appropriation
for consultant services for the data processing long range plan and the
request for proposal in accordance with Board of Supervisors action on May 5,
1981; minute order 81-723.
B-232 - Community Action Program. Transfers $800 from salaries and
wages, $200 from .fringe benefits and $200 from travel; with $200 going to
consumable supplies and $1,000 to other costs, The purpose of this transfer
is to revise the budget in the Community Action Agency 1981 Housing Winter-
ization Round V in order to cover present and future budget deficiencies and
is within the grant guidelineso
B-233 - Community Action Program. Within the 1978 grant year
Housing Winterization Program, transfers $73 from consumable supplies to
other costs. Within the Housing Winterization Program 1979 grant year transfers
$358 from consumable supplies to other costs.
Within the 1980 grant year transfers funds to the following
programs as indicated: CAA administration - transfers $563 from travel to
other costs. Summer Youth Recreation Program - transfers $100 from fringe
benefits to salaries and wages and $51 from consumable supplies to other
costsa Community Services Program - transfers $910 from travel, $2,581
from space costs and $108•from consumable supplies; with $3,599 going to
other costso Emergency Energy Assistance Program - transfers $24 from other
costs to consumable supplies. Crisis Intervention Program - transfers $482
from consultant services to salaries and wages. HEW Co-Ord Component (Head
Start) - transfers $3,326 from food; with $1,021 going to insurance, $317
to telephone, $71 to parent involvement and $1,917. to travel, Special health
grant - transfers $334 from employee benefits.and $113 from other travel;
with $447 going to salaries and wages. Handicapped grant - transfers $285
from other medical and dental costs to office expense. The purpose of these
transfers is to cover end of the program year deficiencies to the various
Community Action Agency programs and is within the grantor agency guidelines.
B-234 - Manpower Administration, Transfers $12,000 from regular
salaries and wages to office expense to cover the unanticipated costs in
office expense brought about by computer conversion and training program needso
B-235 - Community Action Program. Within the 1981 grant year the
following transfers are made for the programs indicated: HEW Co-Ord Component
(Head Start) - transfers $4,000 from salaries and wages to other telephone
expense and $2,500 from employee benefits to other utilitieso Community Food
and Nutrition Program - transfers $500 from other costs to consumable supplies.
The purpose of these transfers is to cover present budgetary deficiencies in
the programs and is within the grantee's flexibility to make the adjustment,
B-236 - Auditor-Controller. Transfers $9,000 from regular salaries
and wages and $1,900 from extra help and $1,100 fram xents and leases of
equipment; with $12,000 going to fixed assets - equipment. The purpose of
this transfer is to cover the costs of the purcase of an NCR 499 electronic
bookkeeping machine from within appropriations available in the Auditor's
budget.
B-237 - County Service Area 35 (North Chico Fire Hydrants).
Appropriates an additional $500 to structures and improvements with funding
coming from unanticipated revenue in order to cover the costs of fire hydrant
installation where costs were greater than originally anticipatedo -
Chairman Moseley stated she would not go along with Transfer-231
and questioned if it should be continued to next weeks
Page 3430
May 19, 1981
81-
May 19, 1981 _
Clif Nickelson, administrative officer, stated the Board took
action relative to B-231 on May 5, 1981. It really does not need to be
on the list> The Auditor placed it on to clear up bookkeeping.
Motion amended to delete the following:
B-231 - Board of Su ervisors Transfers $57,500 fram the reserve
to professional and specialized services to provide the necessary appropriation
for consultant services £or the data processing long range plan and the
request for proposal in accordance with Board of Supervisors action on May 5,
1981; minute order 81-723a
Vote on motion6
AYES: Supervisors Dolan, Saraceni, Wheeler and Chairman. Moseley
NOES: None
ABSENT: Supervisor Lemke
Motion carried.
819
820
Mr. Nickelson stated their action when the agency was retained
authorized the Chairman to sign the agreement and authorize transfer from
the reserve. That action holds, There was similar action ten years egos.
DISGUSSIaN~ RE :._ ABANDONMENT~RE30LUTTON 81-89 ADOPTED "'MAY 5;.~-7:981, '
:_,~ C1ay:Gastlebexry, pub lic?ciorks:'direc"tox; ,stated'he had.checked
with his.FYSffice_;ands,Mr.__Jim".Bordoli;has;;p~ad klis?fees:towerd~i=his .abandonment
of public utility easement for Floral Subdivision Unit 3, Lot 18, which
was discussed previously in minute order 81-810, He understood the Planning
Department has some problems, with the project.
Dan Blackstock, county counsel, stated the Public Works Office
had called last week and Mr. Bordoli had not paid the feeso The matter
had been postponed, they can go ahead with it now.
APPROVE PUBLIC WO]tRS ITEMS
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, the following Public Works items were approved:
to Waived the second reading of an ordinance establishing speed
limit on Obermeyer Avenue to be zoned for 35 mph from Gilstrap Avenue to
Larkin Road in the Gridley area; adopted Ordinance 2218 and authorized the
Chairman to sign.
2a Adopted Resolution 81-97 declaring Lodgeview Drive as a
through highway from Hillcrest Avenue to Kelly Ridge Road with necessary
stop signs to be erected on county road entrances to Lodgeview Drive; and
authorized the Chairman to sign,
3. Adopted Resolution 81-98 certifying to current maintained
mileage of county roads this year which totals 1,390,66 miles within Butte
County in accordance with Streets and Highways Code Section 2121 to Caltrans;
and the Ehairman authorized to signs
8214 ADOPT` RESOLUTION 81-98A - PARADISE ADDRESS AREA ROAD 1VAME GRANGE
On motion of Supervisor Dolan, seconded by Supervisor Saraceni
and carried, Resolution 81-98A setting a public hearing date of June 23,
1981 at 10:15 a.m. to consider road name change in the Paradise address -
area from Culp Lane (end to Neal Road) to Red Sky Lane was adopted and
the Chairman authorized to sign.
Page 344.
May 19, 1981
81- 822
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823
82 4
82 5
826
May 19, 1981 _
CONTINUE TO MAY 26, 1981 - APPROVAL OF NOTICE OF COMPLETION - TRAFFIC SIGNAL
INSTALLATION EAST PARK AVENUE AND FAIR STREET FAU PROJECT ~~MY762(I)_
Continued the notice of completion, traffic signal installation at
East Park Avenue and Fair Street, FAU Project ~kMY762(l) and authorize filing
of notice of completion to May 26; 1981 at the request of Public Works
Director Clay Castleberry.
APPROVE PLANS AND SPECIFICATIONS .,MORSEMAN AVENUE PROJECT N0. 59195C-80-1
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the plans and specifications for the Morseman Avenue, Project
No. 59195C-80-1 were approved as completed; .and authorize the Chairman and
the Director of Public Works to sign the plans; adopt the wage scale; and
set the bid opening at 11:00 a.m., June 11, 1981 in the Public Works Office.
APPROVE DESIGN ENGINEERING - CONCOW ROAD
Clay Castleberry, public works director, set out the background
on the engineering requesto The community wants to try to do the project
themselves. Public Works would be authorized to do the preliminary designo
It is a safety project. They are encouraging themo
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, design engineering work on Concow Road by Public Works as
requested by Golden Feather Community Association was authorized,
ADDITIONAL PUBLIC WORKS ITEM
Clay Castleberry, public works director, stated this is State
Safety and Building Work Weeko Everyone should hug a building inspector
this week.
DISCUSSION: AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT
Clay Castleberry, public works director, stated he has an additional
item he would like to handle today after Mr, Connerly arrives. They would
like to amend the 1980-81 Community Development Block Grant in the South
Oroville Project area. They would like to transfer funds from drainage
into street work.
Supervisor Dolan questioned why the hurry and would like it
continued to next week when they have back up information.
Continued to later in the meeting.
827
INSTRUCT STAFF TO PROCEED WITH FORMATION OF INDEPENDENT SEWER DISTRICT FOR
OAKRIDGE (COUNTY SERVICE AREA N0. 21) AND APPROVE ?AliT1V~~T~P'ON OF FOUR LOTS
IN CHI CO AREA; ADOPT RESOLUTION 81-98B
Discussion regarding annexation to County Service Area No. 21
was held as continued from minute order 81-817,
Lynn Vanhart, environmental health director, stated there is a
~eperate water district and adequate water supply, The sewer district at
the disposal ,area has been marginal, There are tentative plans to do away
with what they have and replace Ito It cannot be repaired without major
expenses. He has no objections as long as they can meet the requirements.
He has discussed it with the engineer and the Water Quality Board and they
are in agreement. If this is done, he does not anticipate any ban on
future connections. The existing dwelling is not connected with the leach
,line. They have been working with Public Works to keep the maintenance up
~~,so the system does work satisfactory. He did not think four more homes
would be a problem. At the present time there is capital for these additional
connections. If everyone in the district would build, there would be capital
with additional repairs.
Page 345.
May 19, 1981
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May 19~ ~9_$]_
Dan Blackstock, county counsel, stated the problem is not additional
parcels. It is an area of a number of lots within the district not built
upon. There is a restaurant not in operation, if it were opened up and in
full operation and people decided to build there would be a problem. Tt would
be a problem telling people who have been paying taxes right along, they could
not build. People are paying standby fees. They could come back to the
Board and say you allowed the annexation. There could be a problem in the
future.
Supervisor Dolan stated if the parcels were annexed they would be
paying and it would build up the capital outlay to where improvements could
be made. The county keeps loaning them money when there are leaks. She
did not feel the county would allow it to become a problem. She felt they
should form an independent sewer district.
MOTION FROM MINTJTE ORDER 81-817 WITHDRAWN AT THIS TIME.
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
carried, annexation of four lots, AP 40-41-08, on tentative parcel map,
property located on the north side of Skyway, approximately 700 feet west
of Mesa Restaurant, Chico area was approved as it is insignificant in terms
of what is already there; direct staff to contact _. McCain and Associates to
proceed or the county proceed to form an independent sewer district for
County,Se~vice Area 21 (CSA 21)a Resolution 81-98B was adopted and the Chairman
authorize to sign,
828 APPROVE ESTABLISHMENT OF REHABILITATION LOAN COMMITTEE I
Consideration of establishment of a rehabilitation loan committee
for Housing and Community Development-held at this time.
ward Connerly, Connerly and Associates, set out the background on
the loan committee. In the past the county had a loan committee and this
committee could be used. He feels the loan committee should have two
members of the Board and a member of his staff. They have discussed this
with several banks and some applicants would not be considered for loans
or it would be questionable. He has never been timid about making decisions,
but he feels it is in their interest to establish a loan committee to work
with them. The previous committee had a local bank member, building
inspector,-+ someone from the Administrative Office and a member from his
office. It did not work very well. Outside people have a different basis
in underwriting loans. He was suggesting the county handle it themselves
and not bring in outside bankers.
Supervisor Dolan stated she felt there were certain requirements
which would .have to be met such as elgibility and the ability to repay the
loan. She felt it was administrative rather-than policy direction and it
should be administration responsibility to carry it out. If the Board was
involved it would put policy back into it.
Mr. Connerly stated the Board does have criteria and gives a certain
allowance in approving loans. There is the question of making loans to a
71 year old person who has a house that needs to be totally repaired. There
is policy or judgement decision. He felt the Board should be involved as
they are giving away public money, in some cases it is giving it away. That
does not mean they should not give it away, but some of the loans will not
be paid back. Alien could be placed on the property. Sometimes there are
one, two and even three deeds of trust and the county would be making the
fourth. Mr. Connerly stated the grant is from the federal government and
the federal government. is not going to say pay back to them the grant even
if people default.
Supervisor Saraceni stated the city of Oroville has council members
on their loan committee.
Page 346.
May 19, 1981
Ma~*_19, 1981
Bl'- On ,motion ,o£,;Sup~rv%sor ,[~heeLer, .seconded ~by Supervisor Saraceni and
b! carried, formation of a Rehabilitation Loan Committee with Supervisors Moseley
and Saraceni and Ward Connerly as members of the committee°was approved.
AYES: Supervisors Saraceni, Wheeler and Chairman Moseley_ NOES: Supervisor
Dolan ABSENT: Supervisor Lemke
'829 AUTHORIZE SUBMISSION OF DRAFT HOUSING ELEMENT TO STATE FOR REVIEW - FORWARD
DRAFT TO PLANNING COMMISSION FOR EVALUATION AND PUBLIC IMP UT
Discussion regarding the draft housing element held at this time.
Ward Connerly, Connerly and Associates, set out the background on
he housing element. Every city and county is required to produce a general
lan and with that comes~the housing element. The housing element has to
atisfy guidelines of the state. The discovery bill AB 2853 states the
lement is to be submitted to the state for advisory review.: He has discussed
his with County Counsel and they feel the best way to go is to submit the
raft .for review and comments at least 90 days before it has to be adopted.
he deadline for adoption is October 1. If it is not adopted by this deadline,
he county will not have a general plan and there can be no subdivisions. The
ask Force met last week. He felt they should submit the draft form now and
ubmit the item next week, then they have 90 days to go through the. process.
his gives you time to adopt by October 1.
Mr. Connerly stated the element is to assess the needs and provide
or law income and moderate income people. In view of Proposition 13 there
s very little they can do to provide housing legally. They anticipate
eople going into smaller units and to where more of an individuals income
ill be going into housing, from 40 to 50 percent. People are going to
ant more density. Governmental constraints should be removed where they
xist. He felt it was going to be a problem. The Task Force was acceptable
o clearing up controls and streamlining the process. There were concerns
bout the density raised.
Supervisor Saraceni stated he was present at the Task Force meeting
nd there were concerns regarding agriculture land and its preservation.
here was discussion regarding sewers and service ava'lable in areas where
t would be utilized and there would be no pressure or~lands-that have growing
roducts. He was supportive of sending the draft to the state so they will
uglify in time to get .'information back from Housing and Community Development
o they can proceed with hearings.
On motion of Supervisor Saraceni., seconded by Supervisor Wheeler
d carried, the draft housing element form=be approved;-send-draft housing
ement form to•Planni:r:g Gommiss-ion to evaluation-through public input so
e Board can be .in on time and receive back-the draft form from~Housing•and
amenity Development the information necessary to then adopt the housing
ement form.
tTHORIZE SETTING OF PUBLIC HEARING FOR AMENDMENT TO THE 1980-81 COMMUNITY
)EVELOPMENT BL K GRAN'~PROGRAM BUDGET - SOUTH OROVILLE PR03ECT
• Ward Connerly, Connerly and Associates, stated they are obligated
:o use 100 percent of any previous grants they have received by September 1,
.981. There is approximately $12,000 from the 1978-79 grant which must be
trawn down by September 1. It could jeopardize this years and and subsequent
ears. They must use 25 percent of the 1980-81 grant by the same date. HUD
ieasures that performance. In the 1981 grant there is $84,000 in streets
tnd $164,000 for drainage. Street improvements are for curbs, gutters and
sidewalks which is cosmetic. They would like to transfer the drainage grant to
street:grant. In street improvements they determine the miles and money
>udget. The Farmers Home Grant corrected a lot of problems in drainage in
:he south Oroville area. You ca not make too radical an adjustment without
page 347.
May 19, 1981
Mai 19~ 1981
going to HUD. For them to achieve this they must go to HUD. Before submitting
it to HUD they.. must hold two public hearings and give the State .Clearing
House 30 days to review and comment on the A95 review process. Public
Works is reading to go with the public bid. They want to reduce drainage
$1b4,000 to $40,000 and increase streets from $84,000 to approximately
$204,000.
There was a motion by Supervisor Saraceni, seconded by Supervisor
Wheeler, to go ahead with the A95 review process and transfer from the
budget an amended $40,000 for, drainage and $204,000 for streets improvements
and to hold public hearings on June 2, 1981 and June 9, 1981 at 11:00 a. m.
Supervisor Dolan stated she clearly remembered when th initiated
the program amendment and budget amendment for the block grant. hey had
more time and controversy. She questioned why they didn't have more time.
If people question her she wants to be able to give them the correct answer.
Bill Cheff, public works department, stated $164,000 was set up
for drainage in the E1 Medio Ditch project. The work was done with Farmers
Home program fox improvements in the south Oroville area: Tt complies with
the 1980-81 Community Block Grant funds. A11 of-this is within the target
area. The amount was included in both grants. The project was taken care
of through Farmers Home. They do not need that money for drainage now.
Rather than send the money back, they would like to use the money in the
target area. Within Meyers, Burlington, Wyandotte and Oro Bangor areas.
They can submit all of the information by the hearing dates.
Vote on motion:
AYES: Supervisors Saraceni, Wheeler and Chairman Moseley
NOES: Supervisor Dolan
ABSENT: Supervisor Lemke
Motion carried.
831
AUTHORIZE IMPOSING FIVE FOOT SET BACK FROM PROPERTY FOR RI CHTER`CONSTRUCTION
COMPANY, AP 30-194-16, ROSECRANS DRIVE, THERMALITO AREA
Consideration of a request of Richter Construction Company fox
interim PAC zone, AP 30-194-16, Rosecrans Drive, Thermalito area was'held
at this time.
Bettye Blair, planning director, set out the background on the
request. In her research there is a building permit for a single family
residence. The forms are in and ready to be poured. The PAC requirement
is for three acres to be considered. An interim ordianee to be adopted
would need findings. Both immediately across the street three developers
have constructed within three feet and on the south side of the street
and on the north side is a boundary line modification on a parcel about
three years ago. The boundary line modification does not indicate any
further set backs: She deferred to County Counsel if an interim PAC would
be available to fly on the basis for interims. The street is narrow and
a dead end. They might impose a five foot set back on the north side.
Supervisor Dolan stated if the concrete was poured it would conform
to the "A-2" which is on it now.
Ms. Blair stated even the "RN" did not allow that type of leverage.
She looked for an alternate way.
Clay Castleberry, public works director, stated he agreed with
the Planning Directors suggestion.
Page 348.
May 19, 1981
81_
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832
rlay 19•, 1981
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, to impose a five foot set back from the property-line for-'Richter
Construction Company, AP 30-194-16, Rosecrans Drive, Thermalito area was
authorized.
RECESS: 10:15 a.m.
RECONVENE: 10:25 a. m..
PUBLIC HEARINGS:"".REQt3EST FOR"'VARIANCE TO SECTIONS 19-10 AND/OR 19-12 OF THE
BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HONE FOR: STANLEY BELL, AP 36-24-24,
4051 EDNAS WAY, OROVILLE AREA, ZONING: "A-5" AND CHARLES L..SILVEIRA,
AP 58-21-23. ROUTE 1, BOX 243, SIG BEND ROAD, OROVILLE, ZONING "A2-SH"
The public hearings on the following were held as advertised:
1. Stanley Bell request for variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on AP 36-24-24,
4051 Ednas Way, Oroville area, zoning: "A-5" and
2. Charles L. Silveira request for variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile 'home on AP 58-21-23,
Route 1, Box 243, Big Bend Road, Oroville, zoning: "A2-SH".
Hearings open to the public. Appearing: No one.
Hearings closed to the public and confined to the Board.
pn motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, as both petitions are in order the following were approved:
1. Petition for variance to Sections 19-10 and/or 19-12 of the
Butte County Code for placement of a mobile home on AP 36-24-24, 4051 Ednas
Way, Oroville area, zoning: "A-5" for Stanley Bell~for a_.period~of one year;
2. Petition for variance to Sections 19-10 and/or 19=12 of the
Butte County Code for placement of a mobile home on AP 58-21-23, Route 1,
Box 243, Sig Bend Road, Oroville for Charles L. Silveira, zoning: "A2-SH"
for a period of one year.
833 CONTINUE ALLEGATTONS OF INTERFERENCE IN HIRING PROCEDURES - VETERANS SERVICE
OFFICE
Discussion and review of allegations of interference in hiring
procedures in the Veterans Service Office held at this time.
Dan Blackstock, county counsel, set out the background on ,the issue
of interference in hiring procedures at the Veterans Service Office. References
were made at last weeks meeting. It was continued for discussion today. There
was discussion from two gentlemen representing the Veterans Organization.
They are present today. No subpoenas were issued. Your Board requested a
report from Mr. Rackerby-regarding the hiring. If the Employees Association
is interested in submitting a written report they may do so. He would suggest
if there is any discussion in any area, the Board direct it be submitted in
writing and they can review it over the next week. He suggested Mr. Hayes
come forward and be sworn in. He noted a court reporter was present.
~ Mr. James Thomas Hayes sworn and-testi€ied~at this time. He answered
questions submitted to him by County Counsel. Mr. Hayes responded to what
position he held in the veterans organization and the name, he is Chairman _
of the Butte County Veterans Council Fair Employment Committee. It is a
temporary committee. He responded the committee was formed on the evening
of April 28, 1981 at a Butte County Veterans Council meeting in Paradise
at the Memorial Hall. He stated yes, there were members of the Butte County
• Page 349.
May 19, 1981
81L- Employees Association present. When questioned-if they normally attend the
3 meetings, he stated no. Mr. Blackstock questioned had the Employees Association
contacted him previous to the meeting stating they were going to be there.
Mr. Hayes stated he had not been contacted personally. 'He had no knowledge
of whether they had contacted anyone else in the organization. Mr. Hayes
responded yes there was discussion at the meeting relative to the hiring of
an employee to the Veteran Service Office. Yes, there was discussion with
an individual from the Butte County Employees Association participating.
The individual was Bobbetta Brown. He was not aware of any other individuals
names who participated. Bobbetta Brown spoke on behalf of the Employees
Association. He could not remember if anyone else spoke. Heresponded the
I conversation was not directed to himself personally. There was, more or
less, dialogue between Bobbetta Brown and Paula Bostwick and a group of
other people he was not sure who they were. It took place during the open
meeting. Mr. Hayes stated he did not hear~the.dialogue`_fully because he
', was sitting at the front of the room. He is the treasurer of 'the Butte
County Veterans Council and he was doing some of the book work. To .the
best of his knowledge he felt the conversation was going as to the fact
that Mrs. Brown and Bostwick were in discussion regarding what type of
transfer or what ever it was, something along that line. 'During this time
there was several people trying to interject conversation. Mr. Blackstock
questioned if any one from the Employees Association said to him anything
', to the effect there had been undue pressure placed on the Veterans Service
', Officer in hiring Paula? Mr. Hayes stated not from the Employees Association.
Mr. Blackstock questioned if any such comment had been made by any other
person to him? Mr. Hayes stated he had knowledge of a situation himself.
He was present at a meeting held during the first week of April and on
Agri1 16th, the discussion was where influence or pressure might have been
coming to bear. Mr. Blackstock asked Mr. Hayes if he could give the
circumstances of that meeting. At this time Mr. Hayes read from a prepared
statement which was entered into evidence as Exhibit 1, In the statement
', Mr. Hayes related visiting the Veteran Service Officer in the Oroville Office.
At that time Mr. Hap Penn mentioned there would be a person coming to work
on April 6th, it was a women and a non-veteran. She was being transferrred
from another department. Mr. Penn assured him it was legal according to the
Personnel Department. He asked me to support this move and ask the veterans
of Butte County to support her. On April 15th he reported to the Legion
', Post regarding the hiring of Mrs. Bostwick. They discussed the subject and
', decided to present the information to the Butte County Veterans Council's
', next meeting. On April 16th he visited Mr. Penn.'s office to advise him
of the action to be taken by the Legion Post. After Paula stepped out of
the office, Mr. Penn stated if he had not hired Paula he would have been
', faced with the closing of the Chico office. Paula returned and Mr. Penn
advised her of the meeting and the discussion that would be held. Mr. Penn
felt it would be a good idea if Paula attended the meeting of the Veterans
Council. Mr. Penn again stated if he had not accepted Paula's transfer, he
ould have to close the Chico office and other departments are looking for
office space. Then there would be no Chico office. Paula agreed the county
as looking for space in Chico. Mr. Penn stated Paula did not understand all
', of the GI language, but was familiar with some of the forms. Mr. Hayes informed
', him he felt the Council would protest the hiring over more qualified and
persons.
**
Entered.Bxh~bit 2' into evidence, a copy of material distributed
~t the Butte County Veterans Council meeting .on April 28, 1981 in Paradise.
'he data was received from Mr. Penn's Office. This is done for each meeting.
a indicated the Chico office would remain open due to the hiring of Mrs. _
'aula Bostwick. Mr. Blackstock questioned Mr. Hayes if he had heard of
my other pressure for Mr. Penn to hire Mrs. Bostwick? Mr. Hayes stated
mly from Mr. Penn and again stated at the Council meeting of April 28th in
'aradise. Mr. Penn. stated he had interviewed Mrs. Bostwick on three
Page 350.
May 19, 1981
May 19, 1981
81- occasions before he hired her. Mr. Blackstoek questioned if there was any
~'' thing else he had heard from anyone including Mr.-Penn to lead him to believe
undue pressure or influence that brought about'Mr's. Bostwick being hired. Mr.
', Hayes stated the only thing was as he had stated regarding the conversation
with Mr. Penn and himself.
Mr. Blackstoek stated he had received a request that the Veterans
could like this matter continued until they had an attorney present. He hoped
this was not construed to be a criticism of the organization or their consider.
ation or discussion of this matter. This matter is strictly before the Board
For one reason and one reason only. An allegation was made last week before
the Board in reference to a particular employee and if the transfer was
illegal. It is the only reason they are here and the only reason it is being
discussed. It is a review by the Board of Supervisors on its own employee
activities and it has nothing to do with the Veterans organization or what
they do in their organization. They are requesting a postponement and on
his recommendation they will give it to him. He felt they had pretty much
gone through Mr. Hayes testimony: If they could advise him who their attorney
is, possibly they could come to some idea relative to what further discussion
would be. He will request a written review for the Board~in the matter.
He did not feel it would be helpful to set a definite time.
Supervisor Dolan stated she would like the matter cleared up as
as possible as it is a request from the veterans group.
Bobbetta Brown, president, Butte County Employees Association, .:
quesr:ioned why Mr.`Blackstock was asking'Mr. Hayes .the questions about the
Association. There was inference as to why she was at the veterans meeting.
Was he inferring that they did something illegal. The Association has and
is taking a different position on this. They did not make any allegations
against Mr. Hap Penn. They were told they could speak today and ask some
questions. It was her understanding they would be subpoenaed. She questioned
if they could cross examine?
Mr. Blackstoek stated they are going to hold-this matter over. He
would be willing to sit down and discuss it. If she wishes to testify today
he would be happy to pose some questions relative to this whole matter. He
felt it would be preferable if he discussed it with her or her attorney and
they could set up a procedure that would be satisfactory.
Ms. Brown stated the Association is questioning Mrs. Bostwiek's
placing according to personnel rules. There was no allegations and there
was no coersion done. She wanted the record to clearly show they are two
seperate entities. It is the Association's position that they are here to
police and contract with the County and the personnel rules. If there is
an infraction of personnel rules, they have a right to ask. That is the
position of the BCEA.
Mr. Blackstoek stated he would suggest the BCEA place their position
in writing on the whole position. Where an employee is Laid off was faced
with a lay off and whether that employee can be hired by different county
departments, He suggest the Board request the Employees Association submit
their position and submit their position under the rules as to whether or
not they feel this particular employee was correct or not correct in being
hired. They could also submit the rule for change if they are not happy with
it.
Ms. Brown stated last week the BCEA submitted a letter.-~She sent
a..letter-to'Mr:-~2aekerby:.~.Mr: ltackerby ha5~not~submitted°a letter to BCEA.
The Association has done all that the Board requested. Ms. Brown cited the
Myers-Milias--Brown Act. They have tried in good faith to work with Mr.
Page 351.
May 19, 1981
81-
3
May 19, 1981
Rackerby. The county has not come forth with. the information. He did not
state what personnel rules were used.
Mr. Blackstock stated the best way to solve this is to have the
BCEA and Mr. Rackerby sit down and discuss the matter with regards to the
rules. If BCEA does not want to submits anything in writing, they cannot
require them to do so. To solve the contxoversy, if there is one, and
hopefully to Blase the matter~is if the BCEA does not like the rule whereby
an employee laid off can go to work for another department.
Ms. Brown stated Mr. Blackstock was assuming and his assumption
is not correct. They are prepared and they will give the Board a written
statement and at the same time have Mr. Rackerby-present what personnel
rules were used. There has not been an exchange of information.
Mr. Blackstock felt sure there would be an exchange of information.
834
Dick Bjork, Oroville. Mr. Bjork questioned the purpose of the
discussion. The people are not under oath. Nobody has benefit of counsel.
Chairman Moseley stated they are to get in writing from both the
BCEA and Personnel Director the information to clear up this matter as rapidly
as possible.
RECESS: 10:54 a. m.
RECONVENE: 11:02 a. m.
APPEARANCE: TOM TURK - WAIVE SANITATION REQUIREMENT
Tom Turk, Deerwood Drive, Oroville. Mr. Turk stated he had presented
a letter to the Board stating his request.
Supervisor Saraceni questioned if he had attempted to proceed with
the grant deed prior to the new county requirements.
Mr. Turk stated he inquired about the regulations but failed to
proceed. After 30 days when he attempted to follow through he was informed
the rules had changed. He was attempting to deed part of his land to his
children. The zoning is "AR". There is a problem with soil depth.
Lynn Vanhart, environmental health director, set=otit the background
on the new ordinance rules regarding soil conditions. Mr. Turk is a victim
of circumstances. If he had done it when he first planned, there would have
been no groblem. There will be a division of the property and it does not
meet the requirements.
There was a motion by Supervisor Saraceni, seconded by Supervisor
Wheeler, that they waive the new sanitation requirement (Section 20-48.2 (b})
to allow Mr. Turk's gift deed appeal in view of the fact that he started his
process prior to the ordinance change and the Health Department letters to
verify that two septic tank systems can work satisfactorily on the property.
Supervisor Dolan could not recall the reasons for changing the
ordinance. She thought it had something to do with access. She felt if they
approved this someone four years down the line would state they had made an
exception.
Vote on motion:
AYES: Supervisors Saraceni, Wheeler and `Chairman Moseley NOES:
None ABSENT :^ Supervisor Lemke NOT VOTING: Supervisor Dolan
Motion carried. Page 352.
May T9, 1981
MaX 19 L 1~ 8~
81.-835 PUBLIC HEARING: HOUSING AND COMMUNITX DEVELOPMENT, CITIZENS PARTICIPATION FOR
`~' PAST PERFORMANCE•OF THE COUNTY IN IMPLEMENTING THE 1980-81 COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
The public hearing on the Housing and Community Development, citizens
participation for past performance of the county in implementing the 1980-81
Community development block grant program was held as advertised.
Pat Osborne, Connerly and Associates, set out the background on the
hearing. This is the second of three hearings to be held prior to the county
submission of the grant application to the state. This allows citizen
participation. Their office will review the comments from all hearings and
submit it to the Board before submission to HUD.
', Hearing open to the public. Appearing: No one.
', Hearing .closed to the pub lie and confined to the Board. No action
taken.
',836 SUPERVISOR WHEELER TO REPORT BACK ON MCKINNEY'BROTHERS, INC. LETTER CONCERNING
ZONING ON AP 47-26-183 '
', Discussion regarding the report on McKinney Brothers, Inc. letter
concerning zoning on AP 47-26-183 held at this time.
', Dan Blackstock, county counsel, stated the report was short. It is
a report from Planning. It is a non conforming use.
', Supervisor Wheeler stated she would review the matter and report
837 REJECT CLAIMS - NEIL HAZELTON SR AND DONALD H. HINES
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, the following claims were rejected:
1. Claim on behalf of Donald H. Hines in the amount of $100,000 for
alleged false arrest; and
2. Claim by Nei•1 Hazelton, Sr. for damages totalling $30 million
for injuries alleged to have occurred on January 4, 1981.
838 APPROVE CONCEPT OF COUNTY BEAUTIFICATION AND CLEANUP PROGRAM - APPOINTMENTS
TO BE MADE BY EACH SUPERVISOR
Supervisor Saraceni set out the background on the proposal for
county beautification and cleanup program with the 1980-81 funds given to
the Chico area. The money for 1981-82 be placed into a cleanup program. They
ould work with Public Works for various organizations and groups to perform
the work and the money to stay in the organization,
Clay Castleberry, public works director, stated they could form a
committee to write up the plans to apply to the state as there are some
requirements.
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
carried, to establish an unincorporated county-wide beautification and cleanup
program with litter funds for 1981-82; each Supervisor to appoint a member
from their district to sit on the committee.
839 IN OPPOSITION TO HATE TELEPHONE MESSAGES THROUGHOUT BUTTE COUNTY
Nate White, NAACP, Chico, spoke regarding his letter listed on today's
agenda. He was concerned regarding the activities of the Ku Klux Klan. He
presented a letter from Willie Hyman, Butte County Coalition. Mr. White was
concerned about the telephone messages. He would like the Board to go on
Pa'g'e" 353.
May 19, 1981
81_
~''
840
May 19, 1981
record opposing such messages being transcribed and the racism. He would like
the Board to adopt a resolution.
Mr. White stated.he was concerned about the propaganda being distrib-
uted. As he came in the county building today he was handed a paper regarding
the Hunting Season for big game. This is a racist smear.
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni and
carried, this Board goes on record as opposed to hate on telephone messages
and violence of any kind directed against any person or persons throughout
the county.
Perry Kraise spoke regarding the booklet sent by the NAACP. He
stated these people are serious. They talk of killing jaws and other ethnics.
He would like the Board to take a strong stand. He would like the members
to read the booklet.
Father Asman, St. Paul's Episcopal Church, spoke against the hate
propaganda which has been distributed in this area. They would like the
Board to strongly oppose this action.
Lewis Foxes, Oroville. Mr. Foxes spoke against the racism in Butte
County. He was concerned about the black children finishing high school.
They plan to leave Butte County. He asked that the Board put their feelings
into action.
Richard Uzzel, pastor, First Baptist Church, Oroville, that this
has been discussed by-the Oroville Ministerial Fellowship and they are all
supportive.
Barbara Stoneson, stated she was the mother of two children. Her
ten year old daughter brought home the telephone number of the Ku Klux Klan.
It is a serious problem in this area. She would like the Board to make a
strong statement.
Supervisor Dolan stated she hoped they all understood that is
what they had just done in their motion. It certainly is serious. She
thanked them for bringing it to their attention.
PUBLIC HEARING: PROPOSED USES OF„REVENUE SHARING .FUNDS FOR 1981-82
The public hearing on proposed uses of revenue sharing funds for
1981-82 was held as advertised.
SUPERVTSOR WHEELER ABSENT AT THIS TIME
Hearing open to the public. Appearing:
1,' Lucille House, Feather River Citizens Association. Mrs. House
stated they were asking for $20,000 to complete the center. They are hoping
to have it finished by the end of the year. They would not ask for any further
help with funds.
SUPERVISOR WHEELER PRESENT AT THIS TIME
2. William Conley, Independent Living Program for the Disabled,
was requesting $24,000 in revenue sharing funds. They provide services for
all of northern California. It is a program controlled by the disabled.
They attempt to work through referrals. They attempt to minimize the
dependence on other people, They are able to make valued contributions to
society. Most of their life they have been controlled by professionals. -
They feel they know best the needs of-the disabled. The disabled know most
how to provide a variety of services. They are presently received two grants.
One is from AB 204 for approximately $29,000 and one from the federal government
Page 354.
May 19, 1981
May 19, 1981
841
for $32,000. There is only one and one-haZ~ positions funded. They provide
services for the deaf. There is a lot of volunteer work. They are not
permitted to increase the number of positions. They are requesting $24,000
from the county. They hope they can vendor out for some of the services.
They must guarantee that 10 per cent will be non state money. He hoped they
realized the importance of the disabled in Butte County and what they can do
and to assist them in making a contribution.
3. Memo Cecsin, Concillio, requested that he be able to submit
a proposal. They provide information and referrals for some of the immigrants.
They help at welfare with forms and for doctors and lawyers. They have not
had any assistance from the county. They have had United Way and City of
Chico help. He would like to submit a proposal.
4. Janice Clay, Family Service Association, stated they had.
submitted a letter April 30, 1981. They have been self supporting in the
past.. Last year they initiated anew senior citizens program. They have a
deficit budget_ They would like the Board to consider them at budget time.
5. Elizabeth Dahlmeier, Oroville Community Center, requested help
of $18,000 for their second phase program. Their first $18,D00 went to the
architect for the first phase. They-are asking for donations from the
community. They are a volunteer group meeting since 1977.
The hearing was continued at this time. To be considered at
budget time.
COMMUNICATIONS
McCain Associates, Chico. The engineers, on behalf of Robert, E. Henning, write
appealing the Advisory Agency's Condition 414 (provide-the usable
sewage disposal area on each parcel that meets the requirements of
the Butte County Subdivision Ordinance) on a tentative parcel map,
AP 40-41^O8, four lots, property located on the north side of Skyway,
approximately 700 feet west of Mesa Restaurant, Chico area. Handled
earlier in the meeting.
Bachman & Associates, Chico. The engineers, on behalf of Theresa George, file
a request for late appeal appealing the Advisory Agency's Condition
~~4 (provide permanent solution for drainage) on a tentative parcel
map, AP 42-14-74, two lots, property located on the south side of
Nord Avenue at the intersection~of Oak Way, Chico area. Set for
public hearing on June 9, 1981 at 10:15 a.m.
Ron Graves & Associates. The engineers, on behalf. of Donelda Fosdick, write
requesting the opportunity to speak to the Board concerning the
Planning Department's interpretation of the General Plan vs. zoning
and the drawing of a line on a map depicting the approximate3-locatian
of a General Plan designation for AP 71-01-025, AP 73-11-54 and
AP 73-11-60. Referred to Planning Director.
Phillip L. Wilson, Oroville. Mr. Wilson writes requesting that an interim zone
be placed on his parcel, AP 35-07-1-021 in order to place a mobile
home on the property. Referred to Planning Department.
Wayne Yuhnke, Chico. Mr. Yuhnke writes informing the Board of his desire to
resign as President of the Pine Creek. Cemetery District Board.
Administrative Office to post vacancy.
Area Agency on Aging, 3. The agency writes requesting-that the Board consider
issuing a proclamation declaring the month of May as Senior Citizens`
Month. See motion following communications.
Page 355.
May 19, 1981
1Ia3* 19~ 1951
81- Corning Resource Conservation District. The district writes forwarding infor-
'~' oration concerning a meeting to be held May 20 regarding Resource
Conservation District programs. 'Tnforma,tion; no action taken.
', Butte County Historical Soceity. The society sends information with regard to
declaring Long's Bar on the Feather River above Oroville as a
i California state landmark and requests that the Chairman be author-
', ized to sign the application as required by the State Department of
Parks and Recreation. See motion following communications.
Donald A. Barrier, Chico. Mr. Barrier writes forwarding information in response
to the Northern California Independent Living Program request for
revenue sharing funds. To be considered at budget time.
City of Chico. The Oity of Chico writes forwarding information indicating their
support for a jail holding facility in the Chico area. Information;
no action taken.
City of Chico. The city writes reaffirming its position concerning the Chico
', area General P1an,.which is now under consideration by the Planning
Commission. Information; no action taken.
National Association for the Advancement of Colored People - Central Area
Conference. The organization forwards information with regard to
the current resurgence of the Ku Klux Klan, White Socialist Party
', and Nazi Socialist Party. Taken care of earlier in the meeting.
', Oroville Ministerial Fellowship. The organization writes forwarding information
in their stand against propaganda which has been disseminated in the
community with regard to racial hatred. Taken care of earlier in the
meeting.
Associated Builders and Contractors, Inc., Sacramento. The organization writes
forwarding information and requesting data relating to prevailing
wage rates and construction information in the county. To be held
over until Supervisor Dolan checks further into the matter.
', Assemblyman Thomas H. Bates. Assemblyman Bates writes asking the Board to
support AB 1597 which will create a special fund for local schools
and governmental services financed by a severance tax on oil.
Referred to Supervisor Dolan.
State Office of Emergency Services. The department writes requesting the
', Board's involvement in nuclear civil preparedness. Referred to
Civil Disaster Coordinator.
Department of Health and Human Services. George E. Miller, principal regional
', official, writes introducing himself as the representative assigned
to this area from the Department of Health and Human Services.
Information; no action taken.
842 PROCLAMATION DECLARING MONTH OF MAY AS SENIOR CITIZENS'"MONTH
Discussion was held regarding .proclamations at this time.
', Supervisor Wheeler questioned the policy. They are a representative
of the people. She has had several requests for proclamations. There are
occasions when the groups do not receive the letters of support. _
Supervisor Dolan stated she has always been told it is policy. She
has read the manual. She would like the matter brought back on the agenda
for discussion on May 26, 1981.
Page 356.
May 19, 1981
-"L. A
- - - .. ~. - - - - - - - ~~ l7 ~ i.~~ . - - - - - - - - ~ J. - - - - -
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, a proclamation declaring the month of May as Senior Cit-izens' Month
to be issued with County Counsel to prepare.
81r
~''
843 LETTER OF SUPPORT TO BUTTE COUNTi' HISTORICAL SOCIETY - LONG BAR ON FEATHER
RIVER
On motion of Supervisor Saraceni; seconded by Supervisor Wheeler
and carried, a letter of support to be sent to the state regarding the Butte
County Historical Society declaring Long's Bar on the Feather River above
Oroville as a California state landmark.
844 (DISCUSSION: MEETING WTTH CITY OF CHICO RE: JAIL AND LIBRARY
Discussion was held regarding meeting with City of Chico and
Supervisors Dolan and Wheeler to discuss jail, library and sharing of taxes.
date..
Administrative Officer to contact City of Chico for a change of
845 ADOPT RESOLUTION 81-49 CCCJ SEXUAL ABUSE TREATMENT PROGRAM
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, Resolution 81-99approving the Child Sexual Abuse Treatment Program
with Juvenile Justice and Delinquency Prevention Act was adopted; Welfare
Director authorized to sign the Grant Award Agreement.
846
*** SUPERVISORS DOLAN AND WHEELER TO MEET WITH CITY OF CHICO
Clif Nickelson, administrative officer, notified Supervisors Dolan
and Wheeler there is a meeting scheduled with the City of Chico on Monday;
June 1, 1981 at 4;,00 p.m.
Dan Blackstock, county counsel, stated there were many details to
discuss. The bids are to be opened on the 28th. They plan to put the
financing out by June 2nd or 9th. The City of Gridley had indicated they
would contribute such items as landscaping. There should be commitments in
writing. They should have written agreements.iaith.<c,. Chico and Gridley in
order to make care of the financial packet. They would not effect the building
itself as they made changes at last weeks meeting. They are anticipating
good bids. There have been numeraus requests on both libraries.
RECESS: 12:20 p. m.
RECONVENE: 1:45 p.m.
SUPERVISOR WHEELER .ABSENT AT THIS TIME
847 CONTINUE TO MAY 26, 1981 AT 3:00 P.M. - WORK SESSION WITH DEPARTMENT HEADS,
LAND DEVELOPMENT COMMTTTEE AND BOARD OF SUPERVISORS
The work session for department heads, Land Development Committee
and Board of Supervisors was held at this time
SUPERVISOR WHEELER PRESENT AT THIS TIME
Consolidating and Restructuring of departments.
Lee Colby, president, Land Development Committee, stated Ron
Graves was unable to be present. He would like Bill Collins to address the
Board.
Bill Collins stated they would respond to their comments of=depart-
ment=head comments. The 7.and`development process was seperated to stream line
it. They do not feel this has occurred. The environmental laws have been
increasing. They feel the Planing and Environmental Review departments should
age 357.
May 19, 1981
---------===--Ma~19L1981=====___________
81~ be together to give continuity to the applications. It would speed up the
'~' flow of paper work and minimize the number of people reviewing and checking
on the issue. Throughout the state. with~few exceptions they are one function.
Earl Nelson, environmental review director, stated he felt there
had been a great deal of improvement from the old process. He felt anyone
could go to the individual department and get a quick answer. 'Problems from
four to five years ago have been corrected. The requirements-have increased
from the state. There are volumes of information that must accompany a
project. This information is available now, but was not earlier with the
checklists and other points. The process can work either way. The Board of
Supervisors chose to seperate the two functions and he did not feel it had
changed that much since that time.
Bettye Blair, planning.director, stated it was an uncomfortable
situation. She felt SEQA was shoved onto the county. It could not be compared
to the past as it is today. She felt the environmental process should be
in the Planning Department. They are doing the same work, research and data.
It is an intrical part of the process. There was a problem with distance.
They are closer now. '
Mr. Nelson felt the physical proximity of the two departments had
assisted in working together in the departments. He felt that was ail that
was necessary. He felt further merging of positions and personnel could
effect the projects. He felt they should be seperate departments. If there
is a problem, it can be worked out.
Mr. Colby stated they are not saying the departments are not function-
ing properly. He felt it could be done better with the changes they proposed.
They are trying to make it less expensive and expedite it within the frame
work of the law. It is better than it was a few years ago, that does not mean
it cannot be better than it is today.
Supervisor Dolan stated there is a problem with coordination. People
do not understand exactly where their project is. It must go to the Clearing-
house if it has gone to Environmental Review.
Mr. Nelson stated they can immediately give them an answer if they
call his office. If an individual working on a certain project is out of the
office, they will call them back. His response to the committee was to go
to a computer system. .
Ms. Blair stated she fe1!t when the public has a question they go
back to the department where they ;made the application. As long as the
departments are seperate, there iS an area whereby they cannot answer. They
direct them to another department. She feels that is unfortunate. Once you
start bouncing the public around to different departments there is bad pr.
It should be central.
Mr. Colby stated in their organization chart the intent or suggestion
was to put a central receiving station. He could direct the public or inform
them as to where their project was.
Clay Castleberry, public works director, stated he had forwarded his
comments to the committee. It is up to the Board if they wish to have a central
receiving station. There might be some advantages and enough of a savings
in the process. _
Ms. Blair questioned if;;-.the f'•esponse:_under paragraph. 35 was land
development process or subdivision of parcels of land.
Page 358.
May 19, 1981
ST-
b
May 19, 198].
T Mr. Collins stated he felt that was a point of misunderstanding.
Their job was to investigate the problems in land development, subdivision
parcels and the general process. Tt was not intended. to be an umbrella of
the entire planning process only. Only land development that deals with
subdivision, not within the Planning process.
Mr. Colby stated the point has been misunderstood. They were trying
to streamline the process.
John Mendonsa, public works, felt it would still be necessary to
go to the individual. departments to-find out at what point a project is.at.
The public questions why a project is at a certain point. Mr. Mendonsa
stated Mr. Edell and himself spend about one third to one half of their time
at the counter answering general informatinn.on issues and where projects are.
Mr. Collins stated he felt that would be the responsibility of the
omnibusman to where he could spend his time doing-more professional things,
In their job description they indicated an individual come in at the entry
level with significant knowledge in these fields. They must know all of the
laws and background. A coordinator is critical.
Mr. Castleberry stated almost all of the projects at the land
development level are handled by engineers and they know the laws. They
usually know where the projects are. He'stated they must have a licensed
engineer file a map.
Mro Colby set out the function of the central coordinator, They
would be able to tell the public where their project was at any certain
point, fihat individual would keep the flow goings
Lynn Vanhart, environmental health director, stated it is routine
when a map comes into their department to refer it to the district sanitarian
for tests, The engineer will say he has certain information and they look
at the project togethero He felt if this position was created, that person
would still have to go to the district sanitarian, The person doing the leg
work is the only one able to give the answerso
Mro Colby questioned the staff response in paragraph 7, last
sentence of Dro Svihus.o Mro Colby did not want to get into speeificso
He felt the coordinator could insure less delays and they would be less
frequento In reference to paragraph 6, he did not think Dr, Svihus interests
lie primarily in the subdivision processo
Mra Vanhart stated if the sanitarian is out of town, they could
arrange to have someone else do the work, He does not think there is a real
problemo He reviews all of the final maps before they go onto the agenda
for the Advisory Agencyo fihere are no problems if he is out of the office
unless there is a deviation from policy,
Dro Svihus, public health director, stated the real delays occur
when there are exceptions to policy, If everything is in order it moves
right alongo
Mro Colby stated this board was comprised of developers, engineers
and people who deal with people in land processingo He questioned if there
was any reason the Sanitation Department could not be combined with Public
Workso He felt possibly some of the inspections could be done under the
Public Works Departmento
Dro Svihus stated they work under the state Department of Health
Serviceso If Environmental Healtho~ were to be changed he would have to
Page 3590
May 19, 1981
May i9, 1981
87
notify the Environmental Protection Agency, There are three counties out of
fifty two that have an Environmental Protection Agency, All of their
environmental is n~:one agencyo They have not had that type of agency in
Butte Ceruntyo Marin County is the only county that has a seperate septic
tank unit, They are all part of Public Workso Certain things are being
transferrddi>by~ordnan¢eso The water permits must be signed by the Health
Officero They were given permission by Sacramento to issue sewage disposal
permits> Any changes would have to go back to the state Water Quality
Control Board, Zt is deligated to Mx Vanhart finder='his name,
Mr< Collins stated it was not their recommendation that the
environmental section be transferred out of Health, Tt was felt Mro Vanhart
decisions could be made not as a separate- entity but outside of Public Workso
Mro Vanhart stated at the present time there are six district
sanitarians, The work is divided up, They gain expertise and become knowledge-
able of the areas through previous inspectionso They have other functions
rather than land divisiono The water portion must stay in the Health
Aepartment, Since 1974 when the Zand Development process came into being
it has made a terrific work load, They did it without any increase in
personnelo They are about to get involved in the food program, They know
Iand division is important and give it top priority, They are hoping when
they get two new sanitarians for the Food Department it will free up some
of the district sanitarianso Even if it was moved to Public Works it would
still go to the district sanitarian,
Mra Colby felt the sanitarian is a minor part and it would be
better to have it in Public Workso
Dr, Svihus stated their department deals with both the incorporated
and unincorporated areas within the county, He is the Health Officer for the
citieso Some departments were reduced with the incorporation of Paradiseo
There are nine sanitarians including Mro Vanhart, They handle dogs, rabies,
pound and complaintsa
Mary Andrews felt the paper work was not being coordfnated,
There has been occasions where the epaper was not walked across the hall,
The Coordinator would free up some of the department headso It would be
a check and balance systemo
Supervisor Saraceni questioned if the Health Department inspections
of the septic tanks could be made by the Building inspectoro He realized it
was very important to look after the health of those systemso They could
inspect the vents and water systems, They would have to be knowledgeable,
He felt there could be a time savingso
Mro Vanhart stated this has been brought up before, Septic inspection
does not coincide with building inspectiono The Sanitarian gains knowledge
by inspection of soil conditionso And they do change,
Mr, Castleberry stated he made comments to the committees He would
be happy to work either with the Health Department or seperately, He can
see some advantages when it was discussed,
Supervisor Dolan stated there could be a bottle neck with some
inspectionsa The problem of procedures was addressedo These can be addressed
when there is a break in the flown
Mr, Castleberry stated the Board notifies them if there is a problem
and they are responsive to them,
Page 3600
May 19, 1981
81=
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May 19,_19x1 _ _
Dro Svihus stated he would like to meet with the committee,
Mre Vanhart stated he did not think the land development was a
minute part of Environmental Healtho He felt it was a major part and he
would like to think D~ Svihus has enough faith in him that he would not
have to take an active parto If Mro Colby has specific gripes he would
like to hear themo Mro Vanhart responded he had been head of the department
for three yearsa In answer to Mro Colbys charge that an approval of a map
had set on his desk for three weeks while he was on vacation he stated he
had never in 30 years taken three weeks vacation at one time
Supervisor Wheeler stated there would be a consultant between
the committee and department headso There are mandated restrictions on
some of the items which were proposedo '
Mr, Colby stated the committee had worked very diligently for
a number of monthsa He came to the Board and questioned why they didn't
have people familiar with the various development processes, The committee
has worked hard, He is not doing this for himselfa He is not here to
crucify anyone, Most of the people do a good job, That is not an excuse
to riotad'o a-:better one~a He has obsorhed some expe~seso He did not like
the issue being left in limbo,
RECESS: 2:57 pom,
RECON'(rENE: '3:16 p,mo
Reorcanization~ Mro Collins discussed the coordinator positiono
The committee discussed where to place this individual on the chaxto There
would be no subordination to other departmentso It would coordinate the
process, They would be put in .authority, They did not mean for it to be
another layer of bureaucracy, The responsibility would be to work with
department heads and to insure his complete knowledge of steps of progress,
They would be a flexible individual to the outsideo They would stay within
the federal, state and local lawso
Mso Blair stated it was her understanding the Land Development
Coordinator would have the authority to approve or deny parcelling property,
Mso Blair read from the proposalo
Mr, Collins stated no that was not the department agency function,
It would be up for their review and level, He stated the new chart does not
reflect it but it would go back to the Advisory Agency for approval; It
would only hear appeals of conditionso
Mr, Nelsen discussed the cost comparison in terms of benefitso
Mre Collins stated they have developed a job descriptiono Tney
felt the cost savings would be within the different departmentso They have
not done a cost analysisa
Mro Colby felt there would be no added expenses to the public or
tax roll, It should be self supporting as much as possibleo It comes from
the general funding for public Works and the Planning Department, This person
and what staff he might require would come from the fees and permits that
use the system,
Supervisor Dolan stated to a large extent it is self supporting,
if they are going to add a posiition, the fees will have to be increseda The
Auditor could not say what it would be,
Page 3b1,
May 19, 1981
', May 19, 1981
81= Mre Nelson felt they need to know that it will be more efficient,
b' It would be an extra person causing mare expense and paper worko
Mr, Collins stated there will be some savings, In talking to
developers they would be more than willing to pay higher fees if they could
have such an individual, They would be saving money in the long rand
Mr. Castleberry stated if the Board felt the savings could be
to the system in their staff, Mr, Mendonsa's office is operating with two
less peopled Mr, Glander has five less people that is authorized, He did
not feel there would be that great a savings in his department, If they
feel there could be a savings, his department would work with the coordinator,
Mro Colby stated they are all aware of costso He did not feel they
were adding a burden and expense, Sometimes in the long run it is a savings,
Today the interest rates are varied, He did not think it was that ;.big of
an issue,
Chairman Moseley stated they are minus a member todayo Supervisor
Lemke is very interested in this whole processo She would like him to be
present when a decision is madeo
Mr, Vanhart stated if the present structure remains the same and
there is a coordinator it might help to keep all of them on their toes and
follow through, When they receive a project it is still directed to the
district sanitarian, Sometimes there is a leak of communications of the
owner. Sometimes the engineer makes the perk tests, It might speed up
the process,
Supervisor Dolan stated they have a letter from Jerry Bolster
and interested people in the developer community indicating they will meet
tomorrow with the committee,
Supervisor Wheeler stated she would prefer before the Board makes
a decision Supervisor Lemke be present, He was the primary mover in establishing
the committee..She is very greatful to the committee, They have brought
many issues to their attention and worked very hard, She supports a lot of
their proposals,
Ms, flair stated one point which had not been brought up is that
t~meE: is very critical, The state is sensitive to time, the projects must
be completed within one year,
Mr, Colby stated if they sit as a permanent board they would act
on those things, They could meet on Thursday afternoons to hear appeals
from the Advisory Agency, Tf there are any constraints or laws they could
review them, They need to get the system streamlined so there are no problems
with time.
Mr, Nelson stated he would cooperate the same as the Public Works
Director had indicated, He felt if there were 300 to 400 maps submitted at
a cost of $40,000 there would be a charge of $I00 per map to finance this
one function, If there are only a few delays then the cost savings may be
there,
Mr, Colby indicated the engineers would save that amount or more
by not making trips to Oroville, He did not feel that would be an issue,
Review Committee function, Mr, Castleberry addressed the issue of
Review Committee function, The committee has worked hard, He has worked
Page 362,
May 19, 1981
81=
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_ _ _ May 19, 1981 _
with them in the past on the ordinances and standards, He felt the committee
will serve the county and development committee and serve the public interests
if they had a public member on the committee to monitor and update the county
ordinances and standards and if they are appropriate for the developer or
those living with the effects of the development, He felt if they were
appointed they would have less appeals t~t~an-'they.have! tbd~ay, Then it would
be a more efficient system. There has to be a compromise in order to have
affordable housing and not create problems for someone else along the way,
They have had complaints in the past, He felt the committee had worked
hard, He would leave them as a reviewing committee, He feels it is a
layer that is not necessary as the ordinances and standards are. They would
not have the appeals if the ordinances and directions were appropriate.
He stated 95 percent of appeals are because of fire and drainage requirements
and sometimes street width.
Mr, Castleberry stated he would feel comfortable with them as-.a, -,.
review process, He felt it would be important to correct the ordinances,
Mr, Collins responded to Ms, Blair's question regarding appeals
on the General Plan, they would not have any appeals of•the General Plan.
Ms, Blair felt the General Plan was a part of the decision, They
could not make the final decision, Parceling or subdivisions require certain
findings with respect to zoning and the General Plan,
Supervisor Saraceni stated there would be information so they can
add to the findings, It is possible the review of this committee may tend
to throw some additional light onto the conditions and give them a clearer
look at the conditions,
Ms, Blair stated she misunderstood what they were trying to do,
Sometimes the conditions of approval that are discussed are part of the
environmental determination, There are public notices which must be
published and addressed,
Mr, Collins questioned what happens when you appeal to the Board
and you uphold the appeal, If this happens two weeks in a row on the same
conditions, the ordinance or standard should be changed,
Supervisor Dolan was concerned if there would be public notices,
Supervisor Wheeler suggested they be given the old records to review,
issues that come before the Board repeatedly should be corrected,
The consideration of the Land Development Committee recommendations
to the Board were continued to May 26, 1981 at 3:00 p,m,
ADJOURNMENT
There being nothing further before the Board at this time, the
meeting was adjourned at 4:06 p,m, to reconvene on May 26, 1981 at 9:00 a,m,
ATTEST: CLARK A, NELSON, COUNTY CLERK-
RECORDER and ex-officio Clerk
of the Board of Supervisors
Chairman, Board of 5u rvisors
By
Page 353,
May 19 , 1981