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HomeMy WebLinkAboutM060281June 2, 1981 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) 81- The Board of Supervisors met at 9:00 a.m, pursuant to adjournment. y Present: Supervisors Dolan, Saraceni, Wheeler and Chairman Moseley, Clif Mickelson, administrative officer; Dan 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 897 UPERVISOR LEMCCE ABSENT FROM MEETING Chairman Moseley noted Supervisor Lemke was absent because of ill health. His doctor had advised him to nat attend the meeting today. e is to have further tests. 898 DOPT RESOLUTTON 81-106 HONORING MONSIGNOR RAYMOND RENWALD On motion of Supervisor Dolan, seconded by Supervisor Saraceni and arried, Resolution 81-106 honoring Monsignor Raymond Renwald for 50 years f outstanding and devoted service to the church was adopted and the Chairman uthorized to sign. .899 RESENTATION OF RETIREMENT CERTIFICATE TO LEONARD CHOLLET Chairman Moseley presented Leonard Chollet a retirement certificate or his 33 years service to the citizens of Butte Countya He started as a aper in October 1948. He has served under several Assessors. He had been ppointed Assistant Assessor by Ed Brown at the time of his retirement. Mr. Chollet stated they had been very pleasant years. He had been iven reminders of all the nice people in the Assessor's Office and other fficeso 900 PPROVAL OF MINUTES OF MAY 19 1981 .AND MAY 26 1981 On motion of, Supervisor Aolan, seconded by Supervisor Saraceni and arried, the minutes of May 19, 1981 and May 26, 1981 were approved as mailed ith the following amendments: Minutes of May 19, 1981 to reflect: A public hearing date of ne 9, 1981 at 10:00 a.m. was set for consideration of the Robert E, nning appeal of Condition ~~14 (Provide the usable sewage disposal area each parcel that meets the requirements of the Butte County Subdivision dinance) on tentative parcel map, AP 40-41'-.08, four lots, property located the north side of Skyway, approximately 700 feet west of Mesa Restaurant, ico area, Minute order 81-831, to reflect: Supervisor Dolan stated if the oncrete was poured it would conform to the "RN" zone which is on it now. Minute order 81-834, paragraph 6, to reflect: Supervisor Dolan ould not recall the reasons for changing the ordinance. She thought it ad something to do with water quality. Minute order 81-840, to reflect: Lucille Helager instead of House. Amend the minutes of May 26, 1981, minute order 81-870, paragraph 3-to reflect: Resolution 81-104, instead of 81-105, setting a public hearing date of June 30, 1981 at 10:00 a.mo for consideration of Helen McManamin abandonment of public utilities and recreational easement, Paradise Pines, Unit 11, Lot 89a Page' 389. June 2, 1981 June 2, 1981 $1= 901 ADDITIONAL AGENDA ITEMS TO BE ADDRESSED BY BOARD MEMBERS ~ Supervisor Wheeler wanted to discuss licensing on hydro electric plants, She has a call in to Boston and will discuss it after the call. 902 903 904 Supervisor Saraceni would comment later on a committee meeting he and Supervisor Dolan attended. 'Supervisor Dolan noted at the end of the day they will hald a closed session. 'ADOPT ORDINANCE 2220, WAIVE SECOND READTNG OF SALARY ORDINANCE AMENDMENT FOR LAW ENFORCEMENT RAISES - ADOPT ORDTNANCE 2221, WAIVE SECOND READING OF SABARY ORDINANCE AMENDMENT - GENERAL Jim Rackerby, personnel director, stated the Board requested the salary ordinance presented at last weeks meeting be split. One ordinance is the cost of living adjustment pursuant to the contract with them. It is in order. The second ordinance listed on the agenda indicated the consolidation of the Environmental Review function under the Planning Director and this was in error. It is not included in.r-the ordinance before them. ' On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the following action was taken°and to become effective July 4, 1981: 1. Waived the second reading of salary ordinance amendment to implement the 7.4 percent pay increase for the law enforcement workers; Ordinance 2220 was adopted and the Chairman authorized to sign. 2. Waived-the second reading of salary ordinance amendment for non-law enforcement items as reviewed by the Board last week; Ordinance 2221 was adopted and the Chairman authorized to sign, APPROVE AGREEMENT WITH ANDEX, INC. OF CHICO FOR TEMPORARY HELP SERVICES Jim Rackerby, personnel director, set out the background on the agreement with AND~X, Inc. for temporary help or extra help.. 7t would permit the county to contract for extra help through private business. It has been reviewed,by` Eountg~COunsal.`~ It is"not-pan exclusive'eontract. By contracting with ANDEX, Inc. they would pay over head costs and take care of insuranceo It is lesser in terms of cost than hiring through the county extra help. People will be available on immediate basis. If it were exclusive they would be required to go out to bid. This is another tool to use in getting the job done. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the temporary help services agreement between the County of Butte and ANDEX, Inc. of Chico was approved and the Chairman authorized to signo APPROVE PENALTY ABATEMENT REQUESTS - CHANGE OF OWNERSHIP REPORT On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the following action was taken:.regarding*.zpenalty abatement requests: 1. Approved Lewis and Maria Fe11s request, AP 027-29-0-001-0 2, Approved Charles C. and Co Lynn Pierce request, AP 069-46-0-026-0 3. Approved John Fritz request, AP 050-O1-3-014-0 4. Approved James and Mary Jones request, AP 008-18-0-001-0 5. Approved Bart~andaMargaret Lahargoue request, AP 022-19-0-012-0 6. Denied Elsie Powell request, AP 033-03-3-001-0, AP 033-03-6-002-0, AP 033-03-7-001-0 and AP 033-03-7-002-0. Page 390, June 2, 1981 June 2, 1981 gl- 905 b MOTION TO APPROVE AWARD OF BID FOR TIRES AND TUBES TABLED - TO BE CONSIDERED LATER IN THE MEETING There was a motion by Supervisor Saraceni, seconded by Supervisor Dolan, to award the annual contract for new and recapped tires, tubes and tire repair services to C & L Tire Service Company in Chico and Sanders Tire Service in Oroville. Supervisor Wheeler stated she had difficulty with the low bids, she could not support it. She would like it held until she discussed the matter with the Purchasing Agento Motion tabled at this times To be considered later in the meeting. 906 907 AUTHORIZE PURCHASE OF FIXED ASSETS - DISTRICT ATTORNEY'S OFFICE On motion of Supervisor Saraceni, seconded by Supervisor Wheeler and carried, the purchase of a micro-cassette adapter for $143,34 and two five_drawer legal size file cabinets with locks, $700 for use in the Chico District Attorney's Office with budget transfer 8-256 provide for necessary budgetary appropriation was authorizedo AUTHORIZE PURCHASE OF FIXED ASSETS- MENTAL HEALTH On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the purchase of five file cabinets with locks, a desk, an executive chair, two typewriters, two calculators, eight side chairs, two folding tables, three steno chairs and a chain saw at a total cost;..of $6 ,1/~0 with budget transfer B-257 to Provide necessary budgetary appropriation was authorized, Supervisor Dolan stated she attended the Assembly Ways and Means Committee. Anytime they voted far a proposal or tentativelyto.~keep a service or add to the service the increase was to be obligated by the local governments. She stated 7 to 15 percent are mandated services for blind, health and welfare and the county government is to payo Supervisor Wheeler stated they should tell them if they would reduce their budgets by ZO percent and not require county's to match they could live with ito Supervisor Dolan stated if they would reduce regulations it would helpo CSAC is there lobbying. 9081 AUTHORIZE PURCHASE OF FIRED ASSETS - SHERIFF'S DEPARTMENT There was a motion by Supervisor Dolan, seconded by Supervisor Wheeler, the purchase of a replacement typewriter, $550 and a four-drawer legal size filing cabinet, $250 with funding available within the Patrol Division fixed asset budget to cover the cost of equipment be authorized. Clif Nickelson, administrative officer, stated the funds are with- in the Patrol Division budget. Supervisor Bolan stated at the last two budget sessions requests for typewriters were turned down. They have money in the budget at the beginning of the year. Mro Nickelson stated the comment has been made why didn't the Board try saying no. Captaain Mick Grey, Sheriff's Department, stated the typewriter is for Paradises They budgeted for it last year. It will not last another year. It costs more in repairs than to replace, Page 391, June 2 , 1'981 81- June 2, 1981 SUPERVISOR DOLAN ABSENT AT THIS TIME Vote on motion: AYES: Supervisors Saraceni, Wheeler and Chairman Moseley ABSENT: Supervisors Dolan and Lemke Motion carried, 909 910 911 912 913 REQUEST TO APPLY FOR MARIJUANA FIELD ERADICATION FUNDS CONTINUED TO LATER IN THE MEETING Supervisor Wheeler requested tkie~consideration of~-marijuana field eradication funds as requested by the Sheriff be continued to later in the meeting. " SUPERVISOR DOLAN PRESENT AT THIS TIME APPROVE BAR-O-BOYS RANCH CONTRACT AND FOUTS SPRINGS BOYS.CAMP_CONTRACT On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the Bar-O-Boys Ranch contract with Del Norte County to reserve accommodations for five Juvenile Court-wards at a total costs of $3,450 per month was approved and the Chairman authorized to sign; and the Fouts Springs Boys Camp contract with the counties of Solano, Yolo and Colusa for the placement of Juvenile Court wards at the Fouts Springs Boys Camp at a cost of $1,025 per month per ward was approved and the Chairman authorized to sign. APPROVE EGG<~AND POULTRY QUALITY CONTROL CONTRACT On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the egg and poultry quality control contract with the State Depart- ment of Food and Agriculture to perform enforcement services for surveillance of eggs for the period covering-July 1, 1981 through June 30, 1982 with a revenue contract in the amount of $2;191 was approved and the Chairman authorized to sign. ACCEPT RECEIPT OF PROPOSITION 4 APPROPRIATIONS LIMIT CALCULATIONS AND THEIR AVAILABILITY TO THE PUBLIC - SET PUBLIC HEARING DATE OF JUNE 23, 1981 AT 10:00 A,M. FOR ADOPTION OF NECESSARY RESOLUTION On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, receipt of calculations of Proposition 4 appropriations limits fox the county for the 1980-81 and 1981-82 fiscal-year were accepted and their availability to the public; a public hearing date of June 23, 1981 at 10:00 a,m, was set for adoption of the necessary resolution. Clif Mickelson, administrative officer, indicated copies of these documents would be available at county libraries, AUTHORISE PLACEMENT OF ORDER FOR INSTALLATION OF "911" PUBLIC SAFETY ANSWERING POINT EQUIPMENT TN SHERIFF'S OFFICE Tom Struthers, purchasing agent, set aut the background on the "911" answering system. It has been discussed by the Board since 1972 when the legislation was initiated, There has been extensian of the deadline. They are now up against the wall along with six others. They are to now order the "911" to remain in accordance with state law. They have until July 1 to do that. The state will send axle half cent{or one-twentith of one percent on residential bills. It will involve a certain amount of funding for ongoing or increment costs, basically it is personnel costs. It appears there will be $20,000 to $25,000 per year funding from the stated They must place an order for installation of the equipment with Pacific Telephone. Tt will take 18 months to two years to install. That cost will be totally paid by the state. Page 392, June 2, 1981 June 2, 1981 81- b Mr. Struthers stated they will implement the "911" system on the present system at the Sheriff` Dgpartment. The transfer can be done with no increase in personnelo The Sheriff's Office dispatches with two dispatchers per shift. A-great number were CETA emp7.oyees. The Sheriff has asked for replacement of almost all of the CETA employees> The costs may go up, The City of Oroville has already agreed to participate in funding, Perhaps the City of Biggs and City of Gridley will participate also. order. Supervisor Dolan noted the City of Chico has already placed their Mr. Struthers stated the Town of Paradise may approve it in two to three weeks. It is anticipated the whole county will go at the same time, It is expected to have the numbers placed in the December 1982 telephone books. Mr. Struthers responded to Supervisor Wheelers comments relative to stories in southern California that if there-are 50 to 60 public safety response agencies there could be a real problem. There axe a number of counties where it is in effect and working, By 1985 all public telephones must have the "911" number throughout the state. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the placement of an order with Pacific Telephone Company far the installation of "911" public safety answering point (P SAP) equipment in the Sheriff's Office dispatch center was authorized. MOTION ON MARIJUANA FTELD ERADICATION FUNDS DIES FOR LACK OF A SECOND Consideration of the request for authoxization to apply for funding of_marijuana field eradication was held as continued from earlier in the meeting. 914 Lt, Bob Shadley, Sheriff's Department, stated the request for funding must go to the Drug Enforcement Administration in Sacramento by Wednesday or the funding will be dropped, Supervisor Dolan stated last year on a 3 to 2 vote they did not get the funding. She questioned how much did it cost and if they did get the $5,000, how much would be used locally. Lt. Shadley stated the funds would go for extra help or overtime. The funds cannot be used for anything else. They only concentrate on marijuana eradication for 32 months from June 1 to the middle of Septembero This is in the area of fields not residents. He started with the program in 1974. Last year they seized<:c:°,~;:~ 102 ton. It was valued at around $13 million. They make approximately 84 raids or inspections. This is approximately 40 percent of the cost. The match side is only 10 percent, They have gotten about 85 to 90 percent of convictions. Lt. Shadley stated his personal feelings were that law enforcement will keep on the problem, but they can not solve it. They just try to keep a lid on it. Supervisor Wheeler stated she was very supportive of it, It is a very important tool. This is the prime growing season. From marijuana people go into higher drugs. Maybe it is just one small step. There was a motion by Supervisor Wheeler to authorize the Sheriff to apply for grant funding from the Drug Enforcement Administration for the purpose of locating and eradicating illicit marijuana fields in the county. Supervisor Saraceni questioned if a number of counties could pool the money and if that would be a significant way of getting to the heart of it at one time. Page 393. June 2, 1981 81- a June 2, 1981 _ _ _ _ _ Lt. Shad ley stated this was presented last year. He was in favor. They did work with Trinity and Nevada Counties. Butte County had more experience with the problem. It did work very well. The Drug Enforcement Administration is looking at this areao They are not going to tell the Sheriff how to run the program. Supervisor Wheeler asked the Board to consider this very carefully. fio move forward in Butte County. The area around Chico is known as the drug center. She does not like that because of small children being exposed to this problem. Supervisor Saraceni stated he felt the idea of trying to put this together was good. He felt possibly a letter could be sent regarding this. He felt the funds could be better used by putting it into a lump sumo Motion died for lack of a second. 915 APPROVE BUDGET TRANSFERS On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the following budget transfers were approved: B-247 - Public Works - Eouipment Acouisition and Eneineerin~ and Administration. Transfers $600 from professional and specialized services. within the Engineering and Administration budget to fixed assets in the Equipment Acquisition budget in order to cover the cost of equipment purchased which was greater than the budgetary appropriation> B-248 - Data Processin . Transfers $300 from office expense to fixed assets - equipment in order to cover the full cost for file cabinets previously approved by the Board which was greater than originally anticipated, B-249 - Vocational Educationo lncreases professional and special- ized services, $5,624,86; allowances, $4,925,16; training, $707.18; and services, $6,611.77. The purpose of this transfer is to adjust the State Vocational Education appropriation to actual expenditures in FY 1980 and to show the balance as carry-in to state fiscal year 1981. Funding for the increases totalling $17,868.97 is from the state fiscal year 1981 carry-in balances B-250 - County Counsel, Transfers $4,200 from rents and leases of equipment, $375 from transportation and travel and together with $6,000 from the reserve; increases maintenance of equipment, $321; office expense, $3,300; professional and specialized services, $6,900; and data processing, $54o The purpose of this transfer is to cover current budgetary deficiencies and to provide an appropriation for the balance of the fiscal year. B-251 - Capital Proiects - E1 Medio Ditch. Transfers $1,850 from contingencies to professional and specialized services to cover the cost of bond counsel services for the South Oroville Assessment District. This transfer was approved by the Farmers Home Administration on May 20, 1981. B-253 - District Attorney, Transfers $8,000 from the reserve to jury and witness expense in order to cover current budgetary deficiencies and to provide an appropriation for the balance of the fiscal year. Under-new agreements with the courts, the District Attorney will now lmake payment for all prosecution witnesses. - B-255 - Welfare Administrationo Transfers $62,805 from regular salaries and wages; with $8,205 going to maintenance of structures, $50,000 Page 394. June 2, 1981 sly June 2, 1981 _ to fixed assets - equipment and $4,600 to allocated costs received, The purpose of this transfer is to provide an appropriation within the current Welfare budget for the purchase of modular furniture and to remodel rest- rooms for the handicapped.by contract, purchase carpet and remodel office space which will be completed by County Buildings Tabora This is for new offices previously occupied by the Superintendent of Schools at 3 County Center Drive, B-256 - District Attorney. Transfers $845 from the reserve to fixed assets - equipment in order to cover the cost of purchase of micro-cassette adapter and two file cabinets for the Chico office. B-257 - Mental Health General Services. Transfers $6,140 from overtime of fixed assets - equipment in order to provide an appropriation to purchase fixed assets consisting of five file cabinets, a desk, twelve chairs, two typewriters, two calculators, two tables and a chain sawn B-258 - Public Guardian, Transfers $500 from the reserve to office expense in order to cover current budgetary deficiencies and to provide an appropriation for the balance of the fiscal year, B-259 - Aericulture Pesticide Grant. Transfers $70 from fixed assets - equipment to maintenance of equipment in order to cover the unanticipated cost increase of installation of a radio in a vehicle. B-260 - Air Pollution. Transfers $100 from fixed assets - equipment to office expense in order to cover the purchase cost of a camera from office expense which was originally budgeted for in the fixed asset category. It is deemed that the camera is an office expense related item. B-261 - Sheriff - Coroner. Transfers $1,700 from the revenue sharing jail addition project to special department expense within the Sheriff's Administration budget. Within the Patrol Division budget, transfers $35,300 from fixed assets - equipment with $30,000 going to overtime, $5,000 to maintenance of equipment and $300 to rents and leases of equipment. Within the Incarceration budget, transfers $32,000 from the reserve with $10,000 going to extra help, $6,000 to overtime, $2,000 to clothing and personal supplies, $1,000 to office expense, $8,000 to professional and specialized services, $4,500 to transportation and travel and $500 to maintenance of equipments Within the Investigation budget, transfers $3,340 from the reserve with $340 going to extra help and $3,000 to maintenance of equipment. Within the Services Division budget, transfers $8,500 from the reserve with $3,600 going to extra help, $100 to overtime, $1,000 to maintenance of equipment, $800 to office expense and $3,000 to transportation and travelo The purpose of this transfer is to cover current budgetary deficiencies and to provide an. appropriation for the balance of the fiscal yearn Total amount of funds being transferred from the reserve is $43,8400 916 CONTINUE TO JUNE 9, 1981 DISCUSSION AND POLICY DIRECTION FOR FIRE PREVENTION ENGINEERING - FIRE SAFETY AND LAND USE PLANNING Discussion and policy direction on the Fire Department fire prevention engineering for fire safety and land use planning was held at this time. Chairman Moseley asked that this item be continued for one weeko An individual would like to have input on this matter. Supervisor Saraceni stated he would like the Land Use Committee to go over this reports Page 395, June 2, 1981 June 2, 1981 81~ b William Teie, fire warden, stated he was agreeable to the continuance. It was possible Supervisor Lemke would be present. The Board can adopt all or part of it in concept and then go back and develop the specific ordinanceo At that time it might be required to hold public hearings. The matter was continued to June 9, 1981. APPROVE CHILD HEALTH AND DISABILITY PREVENTION PROGRAM PLAN AND PRELIMINARY BUDGET FOR SUBMISSION TO THE STATE On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the Child Health and Disability Prevention Program plan and pre- liminary budget for submission to the State Department of Health Services was approved and the Chairman authorized to sign the plan. 917 REPORT ON ANNUAL INSPECTION OF JAIL FACILITIES - DIRECTOR OF PUBLIC HEALTH Discussion regarding the annual inspection of jail facilities from the Public Health Director's report was held at this timed 918 Gerald Lively, deputy administrative officer, stated lot of the problems in the one wing is equipment failure as it is dot adequate to handle the load, If they do not receive grant funds for the jail itself, they will have to do something about this. No action taken. TREASURER-TAI{ COLLECTOR ITEMS - REQUEST FOR PENALTY RELIEF AND CLAIM FOR REFUND -- There was a motion by Supervisor Wheeler, seconded by Supervisor Saraceni, to take the following actions on the Treasurer-Tax Collector items: 919 063-0. 1, Denied the penalty relief of Elise De Franco for AP 053-16-2- 2. Denied the claim far refund of LaVon Craft's taxes paid for AP 036-39-0-042, 0, 3, Approved penalty relief for Mellner E, Phair for AP 035-22-1-032- Supervisor Dolan stated she had trouble denying the request of Elise De Franco. Supervisor Saraceni stated he also had a problem with that request. MnrS nn ~mon(l arl 1. Approve the penalty relief request of Elise De Franco for AP 053-16-2-063-0. Vote on motion: AYES: Supervisors Dolan, Saraceni, Wheeler and Chairman Moseley ABSENT: Supervisor Lemke Motion carried. CONTINUE TO JUNE 9, 1981, REVISION TO CITIZEN PARTICIPATION PLAN - HOUSING- AND COMMUNITY DEVELOPMENT Discussion was held regarding the Housing and Community Development revision to citizen participation plan at this time. Page 396. June 2 , 1.981 920 June 2, 1981 81- d Ward Connerly, Connerly and Associates, set out the background, The matter had been continued from last week. What they are suggesting does not detract from the citizen participation that would be involved. It is still more than HUD requirementso The requirement is 30 days. They are changing it to establish a 15 day processa Supervisor Dolan has discussed halding the hearings in the target areas He did not feel it would create more participation, Supervisor Dolan stated it might or might not. It might be more excessiveo She likes it as it was previously and her concerns remaino Supervisor Saraceni felt if there was some people that feel they are not meeting everything, they can change it and go into the target area. Chairman Moseley stated they have had very little or no participation. Tn Chico they had a pretty good turn out. She felt they should take action today. Mr. Connerly stated they have been holding four public hearings. If they held a small meeting in the neighborhood it would not be a public hearing. They would still continue to have information in the neighborhood, The program will not be diminished. If they are not happy it reflects on them and the Board, He is working to cut out the routine of having meetings that nobody attends. They are meeting now kith Community Action Agency and are getting the word out in the neighborhood. He felt it was elevated not diminishede Supervisor Wheeler stated she had not had time to study the matter, she will not vote on thiso On motion of Chairman Moseley, seconded by Supervisor Saraceni to approve the Housing and Community Aevelopment revision to Citizen Participation Plan which calls for fewer formal meetings and fewer require- ments for outreach be approved. Vote on motion: AYES: Supervisor;Saraceni and Chairmand Moseley NOES: Supervisor Dolan ABSENT: Supervisor Lemke ABSTAINING: Supervisor Wheeler Motion failed as three aye votes are needed. Continued to June 9, 1981 for consideration, RECESS: 10:10 a.m. RECONVENE: 10:22 a.m. SUPERVISOR DOLAN ABSENT AT THIS TIME 921 PUBLIC HEARING: WILLIAM H, STEPHENS REQUEST FOR VARIANCE TO SECTIONS 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACE[dENT OF A MOBILE HOME ON AP 39-31-6, 816 NORTH GRAVES AVENUE CHICO AREA. ZONING: "A-10" The public hearing on the William H, Stephens request fox variance to Sections 19-10 and/or i9-12 of the Butte County Code for placement of a mobile home on AP 39-31-6, 816 North Graves Avenue, Chico area, zoning: "A-10" was held as advertised. Lynn Vanhart, environmental health director, stated the petition was in order, Page 397. June 2 , 1.981 June 2, 1981 _ _____ gl- _ .Hearing open to the public. Appearing: ~No one. Hearing closed to the public and canfined to the Board. 922 On motion of Supervisor Wheeler, seconded by Supervisor Saraceni and carried, the petition fox variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mabile home for William H, Stephens on AP 39-31-6, 816 North Graves Avenue, Chico area, zoning: "A-10" was apgroved for a period of one year. ABSENTS Supervisors Dolan.: and Lemke -.c - - , -' ' :: -. -- ADOPT RESOLUTION 81-107, PUBLIC HEARING: ROBERT SWENDEMAN ABANDONMENT OF PUBLIC ALLEYWAY BETWEEN LAKELAND AND GOLD STREETS, AND BETWEEN ARROW AND COLTNA, IN THE WESTERN PACIFIC ADDITION The public hearing on the Robert Swendeman abandonment of public alleyway between Lakeland and Gold Streets, and between Arrow and Colina, in the Western Pacific Addition was held as advertisedo order, Bettye Blair, planning director, stated the abandonment was in Hearing open to the public. Appearing: No oneo Hearing closed to the public and confined to the Board. 923 On motion of Supervisor Saraceni, seconded by Supervisor Wheeler and carried, Resolution 81-107 c~>~ abandonment of public alleyway between Lakeland and Gold'. 5txeets, and between Arrow and Colina, in the Western Pacific Addition for Robert Swendeman was adopted and the Chairman authorized to sign. ABSENT: Supervisors Dolan and Lemke PUBLIC HEARING: KEITH BABCOCK APPEAL OF ADVISORY AGENCY'S CONDITION ~~13, AP 64-62-08, FOUR LOTS, PROPERTY LOCATED ON THE EAST SIDE OF NIMSHEW RIDGE ROAD SOUTH OF HUMBUG ROAD, MAGALIA AREA The public hearing on the Keith Babcock appeal of Advisory Agency's condition ~~13 (provide circulation pending Board of Supervisors direction to the contrary), AP 64-64-08, four lots, property located on the east side of Nimshew Ridge Road, south of Humbug Road, Magalia area was held as advertised. Clay Castleberry, public works director, set out the background on the appeal. It is"a county road, Long and it is split with no way out. The county ordinance speaks to limiting long roads and cul de sacs for safety and circulation, He suggested the Board sustain the appeal and have the Land Development Committee consider and address the issue. SUPERVISOR DOLAN PRESENT AT THIS TIME Hearing open to the public, Appearing: 1. Gary Lippencott, representing Mr. Babcock. Mr. Lippencott stated the condition was specifically written so that the Board could give direction on the problem. Tt is a new interpretation to the cul de sac from the past. Before thecnew ordinance was adopted there was no consider- ation for cul de sac length, This could effect the future school site and it would benefit those within Paradise Pines. It would be in the interest of the county or others to improve that road for that accesso It is an - o1d road created a long time ago, He would normally agree with Clay. His client is trying to develop the property. Building permits will be held up on these things. It has held them up at hearing levels. He would like Page 398. June 2, 1981 June 2, 1981 81= an answer or decision as soon as possible. Tf it were turned over to the 3 Land Bevelopment Committee it would delay them further. Mr. Castleberry stated they could sustain the appeal today and then turn it over to Land Development Committee. Hearing closed to the public and confined to the Board. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and led, the appeal of AdvisorybAgehcy's Condition ~P13 (provide circulation ing Board of Supervisors direction to the contrary), AP 64-62-08, four property located on the east side of Nimshew Ridge Road, south of ug Road, Magalia area for Keith Babcock. be upheld. Dan Blackstock, county counsel, questioned if Supervisor Wheeler ad intended to uphold the appeal or to sustain the appeal, Previous action rescinded. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and arried, the appeal of Advisory Agency's Condition ~~13 (provide circulation ending Board of Supervisors directian to the contrary), AP 64-62-08, four ots, property located on the east side of Nimshew Ridge Road, south of umbug Road, Magalia area for Keith Babcock be sustained. 924 CONTINUE TO JUNE 9, 1981 AT 10:30 A.M, - CONSIDERATION OF MODIFICATIONS TO BUILDING CODE FOR OWNER-BUILT DWELLINGS TN DESIGNATED RURAL AREAS (AS MODIFIED FROM CALIFORNIA "K" CODE The closed hearing on consideration of modifications to Building Code fox ownex-built dwellings in designated rural areas (as modified from California "K" Gode) was continued to June 9, 1981 at 10:30 a.m. at the request of Mr. Boyden who was unable to attend due to an emergency. 925 APPROVE PUBLIC WORKS ITEMS On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the following i~ublic Works items were approved: 1. Approved the right-of-way contract; Skyway FAS Y 742(3) arcel 6 Pacific Telephone $200 No improvements uthorize the Chairman to sign said contract; authorize the Auditor to ssue warrant upon demand of the county`s escrow agent. 2. Authorized the crossing of a one foot strip on the east side f State Highway 162, approximately 1/4 mile east of Kelly Ridge Road for P 72-04-7 and 8; the parcel map was recorded October 21, 1980 reflects a ne foot no access strip on the east side of State Highway 162; CalTrans as issued an encroachment permit at this location for a private driveway. 926 ADOPT RESOLUTION 81-108 - APPROVING APPLICATION FOR BEAUTIFICATION CLEANUP ROGRAM; INVITE PROPOSALS FROM COMMUNITY NONPROFIT GROUPS TO CLEANUP ROADSIDE; INVITE COMNffTTEE TO REVIEW PROPOSALS AND MAKE RECOMMENDATIONS TO PUBLIC WORKS IRECTOR: AUTHORIZE PUBLIC WORKS DIRECTOR TO SIGN CONTRACTS WITH GROUPS: AND AUTHORIZE PUBLIC WORKS DT RECTOR TO NEGOTIATE WITH SOLID WASTE BOARD FOR USE OF ALL AVAILABLE PRIOR YEAR MONEY AND ASK CITY OF CHICO FOR JOINT USE OF Clay Castleberry, public works director, set out the background 'on beautification program applicationo He would like authorization to act the City of Chico regarding the 1980-81 funds. They have found there Page 399. June 2, 1981 June 2, 1981 81= a are some 1.979-80 money available and they can start right now. If the money is not used by Friday they will not have the money in 1981-82. He has contact the City of Chico if they would be willing to share the funds the Board gave them, In addition to the resolution being adopted, as soon as the Board agpoints members to the committee he would like to meet with them. He would like the Board to invite proposals from community nonprofit groups to cleanup roadsides and other public areas; invite the committee to review proposals and make recommendations to the Public Works Director; authorize the Public Works Director to sign contracts with groups for litter cleanup, subject to County Counsel and Auditor's approval of contract forms ($11 per ton); and authorize Public Works Director to negotiate with Solid Waste Board for use of all available prior year money from 1979-80, and on behalf of Board ask City of Chico for joint use of County's 1980-81 money if legislature doesn't approve any 1981-82 money. hurt?. Supervisor Dolan questioned who was responsible if someone got Mr. Castleberry stated Placer County has a seperate risk manage- ment coverage for that type of groupo They have groups working on county highways now and they want to eliminate or reduce any possible risk, They will set up a system to where they would be protected. They would assume the libility under the safety ruleso On motion of Supervisor Saraceni, seconded by Supervisor Dolan and carried, Resolution 81-108 approving the Beautification Cleanug Program application to State Solid Waste Management Board was adopted and authorize the Chairman to sign; and authorize the Director of Public Works to sign the necessary documents; and a) The Board of Supervisors to invite proposals from the community nonprofit groups to cleanup roadsides and other public areas; b) Invite the Beautification and Clean Up Committee to review proposals and make recommendations to the Public Works Director; c) Authorize the Public Works Director to sign contracts with groups for litter cleanup, subject to County Counsel and Auditor approval of contract forms, ($11 per ton); d) Authorize the Public Works Director to negotiate with Solid Waste Board for use of all available prior year money from 1979-80, and on behalf of the Board of Supervisors ask the City of Chico for joint use of County's 1980-81 money if legislation does not approve any 1981-82 moneyo AUTHORIZE REFUND OF FEES PAID FOR MOBILE HOME PERMIT - LEROY TIEDEMAN Leroy Tiedeman, Oroville, set out the background on his letter to the Board listed under communications, He had planned to put a mobile home on his property. He paid the necessary fees at Public Works on April 24, 1981 and on April 27, 1981 he received a letter stating that parcel was zoned "R-3" and it did not permit mobile home dwellings. He later returned to Public Works and was informed ~~that effective July 1, 1981 there was a new law regarding permanent foundations, He made new application to cover sewer and water and was charged another fee of $147, He asked to have the $82050 paid for the first permit credited to the new fee, He was informed he would need to make application but it was not refundable in full because of filing feeso Page 400, June 2, 1981 92 7 81= ~ ~'* I 92 8 92 9 930 June 2, 1981 W J Clay Castleberry, public works director, recommended the return of the full amount of fees paid which was $82.50 because of a zoning difference. On motion of Supervisor Saraceni, seconded by Supervisor Wheeler and carried, the return of $82.50 for mobile home permit fees to Leroy Tiedeman of Oroville was~authorizede PUBLIC HEARING DATE SET A public hearing date of June 23, 1981 at 10:30 a.m. was set for consideration of the Butte County Board of Supervisors proposed negative declaration regarding environmental impact and rezone from Interim "R-3" (medium density residential) to " R-3" (medium density residential), property located on the south side of Sacramento Avenue, approximately 200 feet west of Oaklawn Avenue, identified as AP 43-26-4 and 5, Chico> ADOPT INTERIM ORDINANCE 2222, ROBERT E AND JUDITH I. SHEPHERD FOR "C-2" (GENERAL COMMERCIAL) ZONING FOR PROPERTY IDENTIFIED AS AP 45-061-17, Cou.sideration of the Robert E, and Judith I. 5hepherd;:request for interim "C-2" (general commercial) zoning for property identified as AP 45-061-17, 181 East 9th Avenue, Chico was held at this timee Bettye Blair, planning director, stated she had posted a map delineating the area. The subject property was in red. It is now developed as commercial, The dash line is how it relates to the General Plan. The surrounding property is developed commercial. She would net be comfortable zoning the entire area. On motion of Supervisor Wheeler, seconded by Supervisor Saraceni and carried, Ordinance 2222 an interim zone change of "C-2" (general commercial) for property identified as AP 45-061-17, 181 East 9th Avenue, Chico for Robert E. and Judith I. Shepherd for a period of 120 days was adopted and the Chairman authorized to sign. CONTINUE TO JUNE 9, 1981 - CLOSED HEARING, JOHN LECHNER, PROPOSED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT AND DENIED VARIANCE TO THE MINIMUM LOT SIZE REQUIREMENTS TO ALLOW A 4.1 ACRE PARCEL IN A "TM-S" (TIMBER MOUNTAIN - 5 ACRE PARCELS) ZONE ON PROPERTY LOCATED ON THE EAST SIDE OF THE STATE HIGHWAY 32 FRONTAGE ROAD, APPRO%IMATELY ONE MILE SOUTH OF NOPEL DRIVE. IDENTIFIED AS AP 63-13-03,_FOREST RANCH _The closed hearing on the John Lechner proposed negative declaration regarding environmental impact and denied variance to the minimum lot size requirements to allow a 4.1 acre parcel in a "TM-5" (timber mountain - 5 acre parcels) zone on property located on the east side of the State Highway 32 frontage road, approximately one mile south of Nopel Drive, identified as AP 63-13-03, Forest Ranch was held as continued. Supervisor Wheeler stated unless there was a change of mind from the Board members this matter should be continued until next week. The matter was continued to June 9, 1981. 931 SET ASIDE PREVIOUS APPROVAL OF THOMAS WHITE TENTATIVE PARCEL MAP AND SET PUBLIC HEARING DATE OF JUNE 23, 1981 AT 10:45 A.M, TO ItSCONSTDER THE ARCHAEOLOGY MITIGATION MEASURE On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, set aside previous approval of Thomas White tentative parcel map, AP 47-23-95, 96, 97 and 98 (old AP 47-23-79), four lots, property - located on the northwest side of Keefer Road, adjaining Heganridge Country Subdivision, north of Chico; and set public hearing date of June 23, 1981 at 10:45 a.m. for reconsideration of archaeology mitigation measure as per County Counsel's direction, Page 401. June 2, 1981 __ _ _.3'une2, 1981 _ _ _ _____ 81= 932 ADOPT RESOLUTION 81-109 - TRANSFERRING CERTAIN~CHILD CUSTODY AND STATUS ~ INVESTIGATIONS FROM THE COUNTY DEPARTMENT OF SOCIAL WELFARE TO THE FAMILY On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, Resolution 81-109 transferring certain child custody and status investigations from the County Department of Social Welfare to the Family Conciliation Court was adopted and the Chairman authorized to sign, 933 CONTINUE TO JUNE 9, 1981 WAIVING THE FIRST READING OF ORDINANCE AMENDING BUTTE COUNTY CODE SECTION 32-8 RELATIVE TO ADDRESSING PROCEDURES Ban Blaek'stock, county counsel, set out the background on the- amendment relative to addressing procedures in mobile home parks at the Board's requesto There used to be an ordinance prohibiting interior addressing in mobile home parkso There was a motion by Supervisor Saraceni to waive the first reading of an ordinance amendment to Butte County Code Section 32-8 relative to addressing procedures, Clay Castleberry, public works director, advised the Board he had met with the new Safety Committee, They have changed their ideas from the first addressing procedures and are hung up on one of the requestso He has not read the ordinance proposed changes which encompasses several changeso Supervisor Saraceni withdrew his motion at this times Continued to June 9, 1981 waiving the first reading of ordinance amending Butte County Code Section 32-8 relative to addressing proceduresa 934 REJECTi?Ei CLAIMS OF ROXIE A, DOLLIGAN AND PHILLIP AND WINONA STANFIELD On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the following claims were rejected; and referred to County Counsel and Risk Management Coordinator: la Claim on behalf of Roxie Ao Dolligan in the amount of $100,000 for alleged damages sustained as a result of an accident near the intersection of Skyway and a private driveway in the Magalia area; 2, Claim on behalf of Phillip and Winona Stanfield .in the amount of $25,000 as a result of alleged damages incurred at the Watson Road culvert and drainage ditch running along Watson Road in the Biggs areao 935 CONTINUE TO JUNE 9, 1983 LETTER OF RESPONSE TO CHICO HOUSING IMPROVEMENT PROGRAM (CHIP) REGARDING COMPLAINT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - STAFF TO SEND LETTER ADVISING CHIP AS TO ACIrNOWLEDGEMENT OF THEIR REQUEST OF LETTER Discussion was held regarding a letter of response to Chico Housing Improvement Program (CHIP) regarding camplaint to the Department of Housing and Urban Development at this timed Dan Blackstock, county counsel, stated there is a rule they must respond within 30 dayso That time frame will be up by next week, Supervisor Dolan suggested a letter be sent or a telephone call informing the Department of Housing and Urban Development the reason they have not as yet responded is due to the illness of one of their memberso - They have to recognize that they are making an effort to respondo On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, directed staff to se,r~d a letter of receipt to Chico Housing Page 402. June 2, 1981 June 2, 1981 81= Improvement Program (CHIP) to acknowledge receipt of their letter and a {, letter of response will be forth coming. 936 ADOPT ORDINANCE 2223 - WAIVE SECOND READING OF ORDINANCE AUTHORIZING LEASE AND LEASE-BACK FOR CHICO AND GRIDLEY LIBRARIES On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the second reading of an ordinance authorizing lease and lease-back for Chico and Gridley libraries was waived; Ordinance 2223 was adopted the Chairman authorized to signo 937 AUTHORIZE THE ISSUANCE OF REQUESTS FOR PROPOSALS FOR TRUSTEE AS PART OF THE. LEASE AND LEASE-BACK PROVISIONS RELATIVE TO THE CHICO AND GRIDLEY LIBRARIES Dan Blackstock, county counsel, stated they have a letter prepared for the issuance of requests for proposals for trustee as part of the lease and lease-back provisions relative to the Chico and Gridley librarieso The letter will go to all banks in Butte County that have a trustee powers and trustees in San Franciseoo They will not have to handle the moneyo Which ever bank is used will be the payee investor for the funds. The financial consultant has rested holding off for two weeks before going out to bid for the moneyo The Auditor was in favors They cannot expect the people who placed the bids to hold their offers for very long because of the volital interest market. They are still looking for a closing. date in the middle of July. The bids have come in and the Board will be getting a more detailed reporto He has talked with the financial consultant and they discussed possibly dropping from $302 million to $3 million and not using the discounts He is not sure it will sell very wello If the financial consultant authorizes the 2 percent discover fie does not see how else they can go, They feel the bonds will not be payable. They will be paying higher interest rates and more money in the long run. Supervisor Dolan stated there was nothing to report on their meeting with the City of Chico as there were no conclusions. On motion of Supervisor Saraceni, seconded by Supervisor Dolan and carried, the issuance of requests for proposals for trustee as part of the lease and lease-back provisions relative to the Chico and Gridley libraries was authorized; Central Bank is to be included in the requests list> 938 APPEARANCE~_ DAVID EVANS.,.WAhLY HERGEIZS OFFICE David Evans, representing Wa11y Herger's Office, stopped in to say hello and see if there were any concerns they would like relayed back to Sacramento. Supervisor Wheeler stated they could send the counties more money. If they send programs to the county, do `.not ask them to match them, They should reduce the programs at local levels if they send them to the counties. Chairman Moseiey stated if programs are mandated, send the money with it, She felt they could handle °_their own problems. Supervisor Saracnni~~stated anything that would change the economy'; and give the incentive for private interprise. So that people have the opportunity for jobs and payroll, 939 APPEARANCE,:; DAN HAYES, SPECIAL OLYMPICS REQUEST Dan Hayes, Chico, Mr. Hayes was giva~g'the Board an opportunity to send a special athlete from the Special Olympics to Los Angeles on June 28th. They are a little short on funds. To support one athlete is $100. He would like to ask the Board to help support an athlete. Page 403. June 2, T981 June 2, 1981 81- Glif Nickelson, administrative officer, stated they could not use b the General Fundrmoney, He did not know if it was being sponsored through an educational program, Supervisor Wheeler stated she would be willing to contribute as an individual. Mr. Hayes stated it was not just children but adults that participate, 940 APPEARANCE: MAYOR D'ARCY CITY OF OROVILLE Mayor D'Arcy, City of Oroville,.questioned if the Board was ready for the report on Oroville Redevelopment Agency meetings. 941 Supervisor Saraceni reported on the numerous meetings that has been held with the City of Oroville regarding the Oroville Redevelopment Agency. Dan Blackstock, county counsel, set out the background on the meetings. They discussed the proposed redevelopment area and iheluded - the entire city limits looking at problems that face the county, The committee was concerned about the future ability to fund services of the people in the entire area, They discussed several alternatives for future county funding for services. There was no percentage of tax increment funds, Normally when you review an area it is in one tax code. It was almost a nightmare to determine the tax code. There was no other way it could be accomplished. In the afternoon session the discussion went around going to a lesser percentage of the total tax increment for the entire redevelopment area. It is the entire city limits of Oroville. They are talking about terms of 9.05 percentage which is approximately one half of what the redevelopment area was not formed and half of what the county would normally receive. fihey are talking about tax increments, that amount of increase or assessed valuation of this area where it will occur throughout the City of Oroville. Time will be critical. Mr. Blackstock stated Supervisor Saraceni is to obtain a report from the County Auditor and what he would estimate in terms of dollars in establishing what they would be receiving in the future. The City plans on waiving the first reading of their ordinance on Wednesday evening., If the Board is agreeable the preparation o£ an agreement would be done Procedurally he would recommend that the~Board`s decision be made by next week so they could approve the agreement and advice the City it is under study and forthcoming. Mayor D'Arcy stated he appreciated the cooperation from the county, This was discussed in three meetings. It was impossible to use the tax code areas. The City of Oroville plans to use the funds for their industrial area to increase the assessed valuation of a particular area and want to exempt any increment from going to the county. 1The county did not think that was equitable, so they included the entire city, He feels the development or industrial area will far exceed the 18 percent of what the county would get. He questioned if they should renegotiate the agreements after a period of three years for review. Dealing with any redevelopment area they should deal with the same termso 942PUBLIC HEARING: HOUSING AND COMMUNITY DEVELOPMENT REVIEW A-95 PROCESS AND CONSIDERATION OF PROGRAM AMENDMENT TRANSFERING FUNDS FOR DRAINAGE TO STREET- IMPROVEMENT PURPOSES The public hearing on the Housing and Community Development review of A-95 process and consideratian of program amendment transfering funds for drainage to street improve-rient purposes. Page 404. June 2, 1981 June 2, 1981 gl- Ward Connerly, Connerly and Associates, Inc., set out the back- $ ground on the hearing, It would carry the 1980-81 application icesources~ of about $84,000 for street improvements in the E1 Medio area including $164,000 for drainage facilities within the area. They planned to start where the E1 Medio ditch was left off. This is along Fallbrook, Public Works completed the engineering. They do not need that amount of ~Amoney for drainage. They must go thxough public .hearings because of the A-95 process and then submit to Housing and Community Development for their approval. They are changing the location of activities of more than 10 percent in their budget. Hearing open to the public. Appearing: No one. Hearing closed to the public. The second hearing is scheduled for June 9, 1981 at 11:00 a.m. 943 ADOPT RESOLUTION 81-110, 81-111, 81-112 AND 81-113 - PUBLIC HEARING: EAST RIDGE ASSESSMENT DISTRICT The public hearing on the East Ridge Assessment District to determine public convenience and necessity and hearing of protests were held as adverfiised, Robert Brunsell, bond counsel, set out the background on the hearing. Tt is for a single owner subdivision with Mr. Mike Glaze the owner. Thexe is no controversyo Hearing open to the public. Appearing: No onee Hearing closed to the public and confined to the Board. On motion of Supervisor Saraceni, seconded by Supervisor Dolan and carried, the following actions were taken regarding the East Ridge Assessment District: 1. Adopted Resolution 81-110 finding and determining that the public convenience and necessity require the construction of the improvements; 2, Authorized Clerk to file amended Engineers Report; ~.. 3. Adopted Resolution 81-111 approving the report and assessment and ordering improvement; 4. Authorized filing of consent and waiver to increased assess- ments and to waive cash collection period; 5. Authorized filing of the paid and unpaid lists; 6. Adopted Resolution 81-112 ordering sale of bonds to Birr, Wilson & Co., Inc.; 7. Adopted Resolution 81-113 authorizing change orders. IMPLEMENTATION OF LAND DEVELOPMENT PROCESS - WAIVE FIRST READING OF ORDINANCE AMENDING SALARY ORDINANCE Discussion and implementation of the land development process activities was held at this timed Supervisor Wheeler stated she had a few additions for the proper procedures to be addressed regarding her motion of intent from last week. She talked with Supervisor Lemke and read her changes. It was acceptable to him. Page 405. June 2, 1981 :~, 81= b June 2, 1981. _ _ _ _ _ Lee Colby; Land Development Committee. Chairman, stated he had not received a copy of the final motion. RECESS: 11:33 a.m. . RECONVENE: 11:45 a.m. Supervisor Wheeler stated she felt it was a better-way to deal with the whole process. In her original recommendation which was approved the Environmental Review Department would be combined under the Planning Director. Staff has prepared an ordinanceo It would change the classification but there was no salary change, The title would be Environmental Review Coordinator. At this time she did not recommend changing the Environmental Health section but to Environmental Health meet the needs of all of its other activities specifically relative to land division. She would ask that direction be given to Dro Svihus. She has met with Dr. Svihus and that effect is being carried forwardo She did not recommend the addition of staff people primarily because of budget constraints and she does not think they need them. The fees would not need to be increased. She would like staff to provide better methods of coordination of progress. The other changes were set out at this time> There was a motion by Supervisor Wheeler, seconded by Supervisor Dolan, the following recommendations be approved as they will provide a better means of processing maps and other divisions; it will provide benefits not only to those in the industry but to all of the taxpayers of Butte County: 1. The Environmental Review Department be combined with and under the direction of the Planning Department, staff has prepared the necessary ordinance; 2. Eorr, the present time the Environmental Health Department not be combined with the Department of Public Works, ask ~. ,..,. _ tkat___ policy direction be that the Environmental Health Department examine its operation for providing the service to meet the needs of not only its other activities but those specifically related to land division. That Dr. Svihus work with the Public Works and Planning Departments in the analysis of his process to provide that service for which a need has been expressed in the report and the hearings. The process has commenced in that discussions of coordinating activities to allow the building inspectors to make spetic tank installations inspections. It will produce what we all desire and preserve the integrity of the Environmental Health Department and that we should give this a trial; 3. The Board not hire additional staff people in view of current budget considerations, this would eliminate the need for increasing the fees and that staff is directed to provide better methods of coordination to pinpoint project progress or to determine where that progress has stopped and further that the staff organize the systems of processing to allow a developer or his engineer knowledge of where the project is and whether the county process or an outside factor might be affecting the project status. Once this is achieved staff should report back to the committee and the Board; 4. The Committee be given the appreciation of the Board and ask them to continue to serve not only the industry but the people of Butte County to review and update the ordinances and standards affecting - this industry. The Committee be expended to broaden its interests and representation and further that it be charged with providing ordinance amendments that will not only be appropriate for the industry but that will provide answers and solutions caused by the developments being affected, The Committee will serve at the pleasure of the Board 'and could have items referred to them for opinions and recommendations at any time, l~Iembers must be qualified to serve by virture of their background and experience relevant to land development and/or planning. Committee is allowed to set Page 406. June 2, 1981 81= 3 June 2, 1981. _ _ its own meeting schedule to handle its activities as it deems appropriate, Recognizing the contribution of time and talent yet does not add another possible step to the process. Further that the Committee review and prepare a report of the development process and present to the Board on a semi- annual basis. Progress of the Committee should also be subject to review by the Board on a semi-annual basis. This being the most constructive and economical way to proceed yet it recognizes the contributions of this Committee and is the best way to accomplish our goalso 5. Items for immediate consideration by Land Aevelopment Committee: a. Fire standards. b, Cul-de-sac lengths. c. Study road standards for appropriate density and location of lots and parcels. d, Recommend to Board means of allowing development while solving or making sure of solving drainage problems in foreseeable future. e. Recommend appropriate time for requiring drainage main- tenance districts as development occurs. Supervisor Dolan stated she would like the committee to provide Environmental Review Guidelines. Mr. Colby stated he was supportive of item 2, and 3. Item 4 he would like to see the word "charged" changed to "provide". Did the Board intend for them to make reports on Department Heads?. Supervisox Wheeler stated she did not think they would have to include that, Mr. Colby stated the committee felt very strongly about the establishment of the two entities under one depaxtment, They agree with not hiring additional people. He felt maybefthey should have a moratorium for six months and then report back their xecommendationo He felt it was a political hot potatoe. He did not think it would help the process when one department head did not know who they were answering to. Supervisor Wheeler stated her motion was very clear. This has been discussed with prior Boards. Staff did a study and this was recommended, In California Santa Barbara and Butte Counties are the only ones which have seperate departments. Supervisor Dolan stated she felt there would be a small amount of confusion, She felt there was going to be reorganization. Since she has been on the Board she has felt they, should be combined and the time has arrived and it is appropriate and well thought of, Clif Mickelson, administrative officer, set out the background on the formation of the Environmental Review Department, There was a different Planning Airector at that times He did not have staff to do it. They were not properly trained. At this time Supervisor Richter chose to get a full blown Environmental Review Director and away from Planning, At ane time there was a proposal to combine part of Public Works. Chairman Moseley stated it was not that efficient, She felt it has become a political football. Supervisor Wheeler stated they have the knowledge of the areas _ where appeals are coming to the Board. The Committee can take them and make suggestions. They can refer items to them for reports back, Page 407. June 2 9 19'81 81~ a 945 I 946 9471 -_____~_--=---_J_un_e 2z 1981===--- _------____ Mr. Colby suggested maybe somebody could direct the Advisory Agency to send them conditions to reviewo~ Supervisor Wheeler did not think this was necessary. Motion amended• Committee to review the Environmental Review Guidelines. Vbte on motion: AYES: Supervisors Dolan, Saraceni and pheeler NOES: Chairman," Moseley ABSENT: Supervisor Lemke Motion carried. Chairman Moseley stated she-was not read~r:;* to go along with item 1. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the first reading of a salary ordinance amendment was waived. AGRICULTURAL COMMISSIONER SPOKE REGARDING FRI3IT FLY ERADICATION RESOLUTION ADOPTED AT PREVIOUS MEETING Joe Bandy, agricultural commissioner, spoke regarding his item approved at last weeks meeting. The contract is not for eradication but for delineating the Meditaranian Fruit`..Fly. He was concerned that the Board approved a separate budget. Supervisor Wheeler suggest Mr. Bandy make a written presentation to the Board for their review. Mr, Bandy was concerned about hiring personnel immediately. They have had an individual an the weed crew filling in. He would like to hire someone now and they will receive repayment from March 1 to June 30. RECESS: 12:2.OOpy-m. RECONVENE: 1:45 p.m. VOTE ON MOTION TABLED IN MINUTE .CORDER 81-905 HELD EARLIER TN THE MEETING ON AWARD OF BID FOR TIRES AND TUBES Consideration of motion tabled in minute order 81-905 held earlier in the meeting regarding the award of bid for tires and tubes. Vote on motion: AYES: Supervisors Dolan, Saraceni and Chairman Moseley NOES: None ABSENT: Supervisor Lemke ABSTAIN: Supervisor Wheeler Motion carried. APPROVE ESTABLISHMENT OF CORRECTIONS NEEDS ASSESSMENT STUDY ADVISORY COMMITTEE On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, establishment of the Corrections Needs Assessment Study Advisory Committee was approved. Page 408. June 2, 1981 June 2, 1981 81= 948 APPOINTMENT.:: TO THE PINE CREEK CEMETERY DISTRICT v On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, the appointment of David B. Jones to the Pine Creek Cemetery District was approved. On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, a letter of appreciation is to be sent to Wayne Yunke for his many years of service to the Pine Creek Cemetery District, 949 APPOINTMENTS TO THE COUNTY BEAUTIFICATION AND CLEAN UP COMMITTEE On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, the following appointments to the County Beautification and Clean Up Committee were approved: Howard Fairbanks - District 1 Anne Seymour - District 2 950 CONTINUE TO JUNE 9, 1981 CONSIDERATION OF AMENDING POLICY AND PROCEDURE Continued to June 9, 1981 consideration of amending i?olicy and cedure Manual Section I.II concerning proclamations, 451 (STATUS REPORT ON PUBLIC DEFENDER SERVICES The status report on the public defender services held at this time . ~~ . Supervisor Dolan stated they did not have a specific report to make at this time. They have met once and would like to meet with the Administrative Officer or staff to study the proposal presented by Judge James and the staff report prepared in October and bring back a recommendation on the matter. They hope to have a report ready by budget time. 952 niei L, McWilliams, Chico. Mr. McWilliams writes appealing-the Planning Commission's denial of a use permit to allow a second single family dwelling in a TM-5 (timber mountain - 5 acre parcels) zone, AP 56-12-65, property located on the south side of Whispering Pines Road, approximately 1/4 mile east of Cohasset Road; Cohasset area. Set for public hearing an June 23, 19$l at 11:15 a.m. el B'. Tochterman, attorney at law, The attorney, on behalf of Mrs. Cornelia D. Dixon, writes giving notice of non-renewal of Land Conservation Agreement pursuant to Government Code Section 51245, said agreement recorded February 29, 1972 in Book 1739, pages 263 through 2690 Referred to Planning Department, Assessor and Clerk of the Board, aul D. Damron, Bangor. Mr. Damron writes in support of :.the service performed_by building inspector Jerry Stillwello A copy of the letter to be forwarded to Mra Stillwell. Tiedeman, Oroville. Mr. Tiedeman writes requesting a refund of money for a fee paid in obtaining a mobile home permit. Handled earlier in the meeting. rry J. Liebhauser, Forbestown. Mro Liebhauser writes in support of the owner built rural dwelling building code. Information; no action „ "taken. Hearing continued to June 9, 1981. iusan J. Caldwell, Forbestown. Ms. Caldwell writes in support of the owner built rural dwelling -building code, Information; no action taken. Hearing continued to June 9, 1981. Page 409. June 2, 1981 81- June 2, 1981 U, Chico - Department of Biological Sciences. Roger J. Lederer, chairman, writes forwarding information concerning the proposed Sacramento River Parkway. Staff to send letter of acknowledgement and reason for Board's position. orth Valley .Center for Appropriate Technology. The organization writes forwarding their concern relative to solar energy concepts in construction of the Chico Branch Librarya Copyrraf'letter to-be forwarded to architects. T. Huntington, Oroville. Mr. Huntington writes forwarding information concerning the accumulation of junk and "eyesores"developing along county highways. Referred to Planning Department. Citizens Advisory Committee on Drug Abuse. Joyce Quaytman, chairman, writes requesting that the Board give consideration to providing county general funds to maintain drug treatment and prevention services at 1978 levels of service. ,Information; no action taken,, Northern California Grocers Association. The association forwards information and requests consideration of distributing food stamp authorization to purchase (ATP) similar to programs operating in Fresno and Sacramento County..~Refexred to Welfare Director. Bruce Grinnell, attorney at law. The atto~ney, on behalf of Barbara Helen Wilson and Billy Wilson, files a-claim in the amount of $250,000 as a result of alleged damages occurring on or about March 3, 1981 in an accident at the intersection of Lincoln Boulevard and M~?ers~ Street. See motion following communications. Henderson and Esser, attorneys at law. The attorneys, on behalf of Faith Center, writes requesting a hearing on the action taken by the Assessor in denying a church exemption. County :.Counsel to report back. Concerned Local Elected Officials. The organization writes forwarding infor- mation and requests consideration by the Board in opposing federal funding in preparing for nuclear war, Information; no action. California Water Service Company, San Jose. The company writes forwarding information relative to their application with the State Public Utilities Commission for an increase in rates of 29.1% for 1982; 5.7% for 1983 and 5.2% for 1984 in its Oroville district. Information no action taken. Northern California Emergency Medical Care Council. The council forwards information concerning their equipment deployments in each county and projections for next fiscal year. Information; no action taken, State Department of Waters:~tesczurces. The department forwards information relative to the amount necessary for the cost of operation and maintenance of maintenance areas ~~5, #7, ~~13 and ~k15. Referred to the Auditor. Department of Housing and Urban Development. The department forwards its recently completed monitoring review of Butte County's fair housing and equal opportunity activities under the Community Development Block Grant Program. Information; no action taken. Page 410. June 2, 1981 81= 953 954 955 June 2, 1981 REJECT CLAIM - BARBARA HELEN WILSON AND BILLX WILSON On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, the claim for Barbara Helen Wilson and Billy Wilson in the amount of $250,000 as a result of alleged damages occurring on or about March 3, 1981 in an accident at the intersection of Lincoln Boulevard and Myers Street was rejected; referred to County Counsel and Risk Management 8oord2nator. DISCUSSION: HYDRO ELECTRIC PLANTS Dan Blackstock, county counsel, set out the background on the telephone call from Boston regarding doing business with the county relative to certain filings on certain creeks. He has requested them to send a letter and he will forward it to Board members. DISCUSSION: LETTER FROM CSAC Supervisor Wheeler stated she had received a letter from CSAC asking for payment of dues at this time. To hold until .budget time. 956 ADDITIONAL TTEM BY SUPERVISOR Supervisor Saraceni invited members to attend BIDCo general membership meeting. Tt is open to the public and they will be meeting on Monday, June 8, 1981 at 7:00 p.m, at the Superintendent of Schools Board Room. --- RECESS: The 'Board recessed at 2:10 p.m. t~ hold a closed session. RECONVINE: The "'.Board reconvened at 3:55 p.m. after holding a closed session regarding meet and confer and litigation. No announcements were made at this time. ADJOURNMENT There being nothing further before the Board at this time, the meeting was adjourned at 4:06 p.m. to reconvene on June 9, 1981 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK- RECORDE and ex-officio Cle o h oard of Supervisors By Chairman, Boar o uperviso Page 411. June 2 , ].981