HomeMy WebLinkAboutM060981i',~
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OF CALIFORNIA )
SS.
OF BUTTE )
81.-
_~
957
958
959
June 9, 1981
The Board of Supervisors met at 9:00 a.m. pursuant to adjournmento
Present:' Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Moseley.
Clif Mickelson, administrative officer; Dan Blackstock, county counsel; and
Clark A. Nelson, county clerk-recorder, by Nancy Wilson, deputy clerk.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Lemke
ADDITIONAL ITEM BY SUPERVISOR LEMKE ..
Supervisor Lemke stated it was good to be back and he wanted to
thank everyone for their prayers, numerous cards and flowers during his
stay in the hospital. He appreciated everybody's help,
APPROVAL OF MINUTES
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, the minutes of June 2, 1981 were approved as mailed,
AYES: Supervisors Dolan, Saraceni, Wheeler and Chairman Moseley
ABSTAINING: Supervisor Lemke
Supervisor Wheeler asked that the item regarding the agricultural
nuisances be handled during the 10 o'clock hour as there were individuals to
speak to the matter and they must .leave .eaxly,;because of prior commitments,
960 EADOPT ORDINANCE 2224: WAIVE SECOND READING OF SALARY ORDINANCE AMENDMENT
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
unanimously carried, the second reading of salary ordinance amendment
reorganizing the environmental review function under the Planning Director
was waived; Ordinance 2224 was adopted to be effective July 10, 1981 and
the Chairman authorized to signo
961 WWAIVE FIRST READING OF SALARY ORDINANCE AMENDMENT - AGRICULTURAL DEPARTMENT
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
unanimously carried, the first reading of a salary ordinance amendment adding
a mediterranean fruit fly program section to the Agricultural Department and
one agricultural biologist position was waived.
962
963
964
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
animously carried, the CETA staff report on the CETA second quarterly assess-
nt response to the Department of Labor was approved and the Chairman
thorized to sign said response lettero
Consideration of the local business advisory services contract to
handled later in the meetings
rr.LVrsLix HISH1"GLlCLVl 1(L'I~UL'.71.7 - C:ttHLVIzL' yr uwiv~x~nsr xr.rutcl'a
On motion of Supervisor Lemke, seconded by Supervisor Dolan and
usly carried, the following penalty abatement requests - change of
ip reports were approved:
to Everett Go and Deborah A. Brown, AP 064-20-0-014-0
2, Stacy Schaefer, AP 005-14-1-012-0
3. Michael and Linda Britton, AP 030-14-0-037-0
Page' 412,
3une 9, 1981
June 9, 1981
8Z- 965 APPROVE BUTTE COUNTY FAIR FENCING PROJECT .
~ There was a motion by Supervisor Lemke, seconded by Supervisor
Saraceni, the grant received from the Public Works Department of the State
of California in the amount of $16,000 to fence the parking lot of the
Butte County Fair grounds between Spruce and Hazel Street; the plans and
specifications be approved and the work to be completed on a day labor and
material basis bid up to the $16,000 amount was authorizede
Clif Nickelson, administrative officer, responded to Supervisor
Lemke's question regarding if they could be allowed to go as high as the
$16,000, that it will be a bid for day labor and material basis...
Supervisor Dolan stated they had done a test bid and they found
$16,000 was not enough. She questioned if they were planning to build
as much fence as $16,000 would complete. She was not opposed to the
projecto Mr. Nickelson could let her know by next week.
Vote on motion:
AYES: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Moseley
Motion carried.
966 ADOPT RESOLUTION 81-1i4 STATE LOCAL PARTNERSHIP ART GRANT PROGRAM
Gerald Lively, deputy administra ive officer, set out the background
on the programs They received $12,000 last year of which $9,000 remainsa
The state his indicated it will remain with the program if the Art Commission
would complete the plans. There is $2,634 in additional grant funding being
distributed among the counties. State legislation has approved the plan
for $12,000. They do not have to come up with additional money.
Tom Wilson, Butte County Arts Commission, spoke regarding his
attendance at the Naaional Agency of Community Arts. There were many
counties represented, The Recreation and Park District has expended
considerable money on the arts and that is in the $150,000. The people
at the State Art Council felt there would be no problem with funding this
year.
On motion of Supervisor Lemke, seconded by Supervisor Wheeler
and unanimously carried, the_State/Local Partnership Art'~Grant.Program
contract~_for~the°. Butte Gounty Arts Commission,.to.•acceptrfunds.was 'approved;
Resolution 81-114.designating tfie;_Administrative Officer to receive the
funds and to implement the contract was adopted; and the Chair~nanc~,,_`_ V
authorized to;sign o;r~.•~ ~ a~:¢~lryurized.
967 APPROVE AMENDMENT TO PARKING TICKET AGREEMENT - CITY OF CHICO
On motion of Supervisor Wheeler, seconded by Supervisor Lemke and
unanimously carried, Amendment No. 1 to the agreement with the City of
Chico for prosecution of parking violatians in the Chico Municipal Court
wherein the county will reimburse the city $1>50 for University parking
tickets processed by the city with an overall cost savings (increased revenue)
was approved and the Chairman authorized to sign.
968 APPROVE PROPERTY TAX EXCHANGE AGREEMENT FOR 1981-82, SOUTHEAST CHICO SEWER
ANNEXATION DISTRICT - APPOINT COMMITTEE TO NEGOTTATE PROPERTY TAX DIVISION
FOR FUTURE FISCAL YEARS
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and unanimously carried, the property tax exchange agreement with Southeast
Chico Sewer Annexation District giving the county 100`=percent of property
taxes for 1981-82 of property being annexed to the city within the district
Page 413.
June 9, 1981
81=
969
June 9, 1981
Boundaries was approved; a committee of Supervisor Dolan, Supervisor Wheeler,
:ounty Auditor, County Administrative Officer and County Counsel were
appointed to negotiate the property tax division for future fiscal years.
APPROVE BUDGET TRANSFERS - APPROVE ADMINISTRATIVE REVIEW OF UNFILLED COUNTY
'OSITIONS
There was a motion by Supervisor Dolan, seconded by Supervisor
~Iheeler, to approve the budget transfers as follows:
B-262 - Public Works - Road and Bridge Construction. Transfers
>2,457 from the countywide bicycle and pedestrian ways project (Work Order
3049) to automatic railroad crossing protection project (Work Order 8048)
:o cover a budgetary deficiency resulting from work exceeding the original
estimated costs. Both projects are covered by SB 325 funding and will
require approval by the Butte County Association of Governments.
B-2b3 - CETA Title IV YETP ESL. Establishes an appropriation in
:he amount of $13,$91 for the Youth Employment Training Program - English
is a Second Language with funding coming from unanticipated fund revenue
ender CETA Title TV.
B-268 - Institutions:.axid:;Gorrect3ong_ Transfers $400 from
professional and specialized services to support and care of persons in
order to cover 'the greater than anticipated costs in Youth Authority billings.
B-269 - Personnel, Transfers $2,500 from regular salaries, $200
rom maintenance of equipment, $2,000 from publications and legal notices
nd $500 from transportation and travel; with a total of $5,200 going to
ffice expense in order to cover current and projected budgetary deficiencies
n office expense brought about by the unexpected revisions in the employee
andbook and safety manual which increased printing costs.
8-271 - Gridlev Constable, Transfers $b75 from the reserve to
ransportation and travel in order to cover greater than anticipated trans-
ortation related expenses.
B-274 - Ca ital Pro'ects - E1 Medio Ditch. Transfers $21,000 from
he contingency budget; with $13,500 going to architect and engineering direct
ervices and $7,500 to project inspection direct services pursuant to budget
odification ~~2 as approved by the Farmers Home Administration on May 20, 1981.
B-275 - Community Action Program. Within the 1981 special assist-
ace building modification program, transfers $3,200 from rents, leases and
urchase of;~equipment; with $1,013 going to consumable supplies and $2,1$7 to
then costs in order to revise the CAA building modification grant budget
ursuant to modification del as approved by the Community Services Administration
n May 4, 1981.
B-276 - Communit Action Pro ram. Within the 1981 Channel I Drug
nd Alcohol Program, transfers $2,433 from salaries and wages, $71 from
enefits, $1,256 from travel? and $450 from consumable supplies; with $1,000
ping to space costs and rentals, $1,000 to rents, lease and purchase of
Zuipment and $2,210 to other costs. The purpose of this transfer is to
'vise the budget in the 1981 CAA Channel I Drug and Alcohol Program pursuant
~ budget revision ~~1 as approved by the Department of Alcohol and Drug Abuse
s May 27, 19810
'B-277 - Paradise Justice Courts Transfers $634 from the reserve;
Cth $250 going to jury and witness expense, $259 to office supplies and $125
~ transportation and travel, The purpose of this transfer is to cover current
Page 414.
June 9, 1981
81=
June 9, 1981
budgetary deficiencies and to provide an appropriation for the balance of
the fiscal year.
B-280 - Public Works - Road Maintenance. Transfers $5,000 from
within various budgetary accounts in the road maintenance department to similar
accounts within the Lake Madrone Water District project and also reflects
reimbursement of $2,000, representing 407 of the costs from the Lake Madrone
Water District to the road reserve.
8-281.- Public Works - Road Construction. Transfers $22,300
from the road and bride construction reserve, and together with $200,700
in-estimated federal revenue (F AS/railroad crossing protection funds)
establishes appropriations for automatic crossing gates for the following
protection crossing projects: East Park Avenue at Sacramento Northern
Railroad, $53,250; Cana Highway at Southern Pacific Railroad, $62,250;
Central House Road at Western Pacific Railroad, $56,250; and Stanford Lane
at Southern Pacific Railroad., $51,250. The purpose of the transfer from
the road and bridge construction reserve is to appropriate the county's
ten percent share of the cost. Total amount of the transfer is $223,000.
B-282 - Chico Munici a1 Court. Transfers $200 from overtime,
$1,000 from jury and witness expense, $500 from maintenance of equipment,
$1,200 from rents and leases of equipment and $500 from transportation and
travel; with $3,400 going to professional and specialized services. The
purpose of this transfer is to cover curr t budgetary deficiencies and to
provide an appropriation for the balance ~ the fiscal year brought about
by additional court related expenseso
B-283 - Federal Revenue Sharing - Plan Acquisition. Transfers
$15,000 from fixed assets/structures, improvements and grounds; with a
similar amount going to professional and specialized services within a
category of jail needs assessment in order to cover the cost of the needs
assessment under contract with Hughes, Heiss Associates as approved by the
Board of Supervisors on May 12, 1981; minute order 81-768.
B-284 - Public Works - Road Construction. Transfers $11,238
from the road reserve with a similar amount going to the Oro-Quincy Highway
project in order to provide an additional appropriation to allow for the
award of the contract on the construction project, The low bid exceeded
the existing budgetary appropriation in a similar amount.
Supervisor Wheeler stated she was seeing a~lot,of funds on a
~aeekly basis coming out of the reserve for fixed asset items. She felt
administrative department heads when preparing their budgets should try
to stick as closely as possible to fixed assets. The Board needs to
discuss or set some policy and procedure for next years budget. That this
only be allowed for certain points. She is aware the Auditor has showed
a great deal of concern.
Clif Nickelson, administrative officer, stated by the time they
Set to April or May they have time where they could wait until the following
year. Then you had the budget adopted by July 1, but now they drag it to
the end of August. He stated they will not be bringing any more requests
until the new budget is adopted. With the Boards cons`eri_t he would like to
reinstitute where any new vacancies occur they be held for review. They
could possibly save some money by the end of budget time.
Vote on motion:
AYES: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Moseley
Motion carried, Page 4150
June 9, 1981
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.June 9, 1981
On motion of Supervisor Lemke, seconded by Supervisor Wheeler and
animously carried, to initiate Administrative review of unfilled positions
thin the county.
970 {vORK SESSION FOR FIRE PREVENTION ENGINEERING - FIRE SAFETY AND LAND USE
William Teie, fire=.warden, spoke regarding the Fire Department
ire prevention engineering standards for new developments in Butte County
t this time. Mr. Teie stated a lot of people had looked at the standards.
e would like the Board to adopt all ::or a part of them. He will need to
ork with County Counsel to revise the ordinance,
Supervisor Lemke stated he felt they should set aside a Tuesday
fternoon and go page by page through the standards.
Work session was set far June 23, 1981 at 1:30 p.m. to go page
y page through the fire standard so
Supervisor Dolan stated several people have commented how cooperative.
professional Mr. Teie has been in dealing with the fire standardso
971 lAPPRUVE 1981-82 FAMILY PLANNING CONTRACT -
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
nanimously carried, the 1981-82 Family Pl.nning Program contract with the
tote Department of Health Services in the amount of $70,000 to provide for
he continuation of contraceptive information and services to low income
esidents of the county with funding from total state and federal funds
as approved and the Chairman authorized to signs
Dr. Svihus, public health:~:director, stated .it is an on-going
rogram serving 120,000 patients. They come for comprehensive information.,and
ap testso Chairman Moseley.questioned if the program helped to cut down
he high rate of child abuse in Butte County, Dr. Svihus felt it reduced
he number of unwanted children.
972 OTION FAILS ON SHERIFF GILLICK'S REQUEST FOR MARIJUANA FIELD ERADICATION
UNDS
', Larry Gilliek,i~sheriff, spoke regarding additional 'aspects of his
request for the marijuana field eradication funds which were turned down
at last week's meetings He felt since they put in an ordinance to ban the
ale ~ ......: of drug paraphernalia, it would help him to eradicate the goods
efore they get into the street. The federal and state government are
assistingo Butte County in the last five years has been in first place for
mount grown. Last year they were initially given $1,000 and then another
$2,500, This year the state would like Butte County to go along with the
rogram and have offered $5,000 to help supplement some of the costs that
ould be entailed in the program, They will have an airplane and 4x4 truck
at their disposal, Part, of the money would be used for photography and
xtra help or overtime. He would like the Board to approve the $5,000. There
are no strings attached, The Attorney General is very enthused about the
rogram and helping to try to keep marijuana growth down.
Supervisor Wheeler had~pgken with individuals at~the Drug Enforce-
'. ent Agency at the federal level. There is the possibility of more money
ended into this area.
Sheriff Gillick stated he told the state officials he would appear
efore the Board today to make a request. They are awaiting his call,
Supervisor Lemke stated he was surprised it had not been accepted
ast week, after their stand on drug paraphernalia, There is the $5,000
Page k16,
.Tune 9, 1981
81-
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There was a motion by Supervisor Lemke, seconded by Supervisor
Wheeler, to authorize the Sheriff to apply for grant funding from the Drug
Enforcement Administration for the purpose of locating eradicating iliicit_ _
marijuana fields in the county and to pursue any others that are available.
__ __Ju_ne 9, 1981 _____
funds and the possibility of additional funds. J
Supervisor Wheeler stated a lot of people have said the para-
phernalia issue is not ending the problem. Tt is another step by eradicating
the fields in the attack to stop the source.
Chairman Moseley stated she resents the fact people are being
taxed and taxed to save people from themselves. No matter what you do
whether at the top or a slap on the hand of the big operators. We are
redun`d~ant~ She resents people being taxed and so much money going :.-
into these programs. Schools, churches and everybody is trying to stop it,
She felt this was going to grow and grow, It has gone from $1,000 to
$5,000 and next week it will be $7,500 and $10,000 to keep working on the
programo They have mental health and drug abuse working on it. There
are other things that will worko She knew it was a real issue, it should
start with teaching children when they are small. She is aware people will
obtain it elsewhere even if we,were to eradicate all marijuana in this
countyo
Supervisor Lemke stated they alr~ady know where they are with it.
They have problems in funding it sufficiently. They have problems in all
facits of law enforcement with ability and what is necessary. If it is a
way to aid that financially, anything to carry out their job, he felt they
should do it. "He did not feel it was throwing away the $5,000. They are
never going to get it all even in Butte County. Eradication would drive
up the price, but. it may prohibit somebody from using it. He does not
feel legalization of drugs will solve the problem.
Supervisor Saraceni stated he felt if they were going to look at
a problem that maybe it should be in the user area, Maybe they should look
at the resident deputy.
Sheriff Gillick stated there are areas he cannot speak to, They
are trying their best to handle the situation.
Supervisor Dolan stated it was brought up last week there would
be a full time serg`eantfor 32 months on the program, She felt a lot of
time, energy and resources could be used for education through preventative
matter. She felt it wasrpUtting money through a sieve, She felt they should
go through education.
Vote on motions
973
AXES: Supervisors Lemke and Wheeler
NOES: Supervisors Dolan, Saraceni and Chairman Moseley
Motion failed.
Henry McCall, Oroville, stated he felt they should support Sheriff
Gillick. He questioned if they were supporting the Sheriff and law enforce-
ment.
APPROVE GENERAL ASSISTANCE VARIANCE REQUEST - WELFARE
On motion of Superoisar Wheeler, seconded by Supervisor Dolan and
unanimously carried, the General Assistance variance request was approved
for a period of one month and ttaenty days.
Page 417.
June 9, 1981
_ June 9, 1981
81= 974 CONTINUE TO JUNE 16 1981 ~IN-HOME SUPPORTIVE SERVICES PROGRAM PROPOSAL
~ Discussion and policy direction on the Welfare Director's proposal
for improving the quality of services of the In-Home Supportive Services
Program to the aged, blind. or disabled' and to establish a more favorable
financial status for the program was held at this time.
Robert Crisan, welfare director, set out the background on the
proposal. It would better service the area for those elgible for in home
supportive services. It would create a savings to the county through county
funds. Senate Bill 836 has been passed and is awaiting the Governor's
signature. They will be continuing with the same rates as the last several
years. They can look for an increase of programing of 35 percent.
Mr. Crisan stated the reason there had not been a savings a long
time ago was because of the payrolling system. The individuals being served
were the employees. It has worked and it has improved somewhat from the
prior years. It has not increased through his staff, they have lost the
ability to control. Most of the recipients of the service cannot provide
the necessary paper work, so his office ends up doing that job. There
are 703 individual providers presentlyo They looked at~a better system
but would not qualify for the program. They know from SB 633 there will
be a cost of living increase and they will apply the 10 percent cost
to any increase<
Supervisor Dolan stated she was ~.*,atching the activity in Sacramento
closely. She felt this was a whole change in the program from the individual
provider to full time county staff. She felt SB 633 may effect and be a
cost to all public assistance programso She would like to do more research
on this< She suggested maybe it should be handled at budget time.
Mr, Crisan stated the individuals of staff would create a savings
in overhead to the state fund so There would be a savings of ~+ percent.
The state has guaranteed the money. There will be no costs to the county
if they stay within last years budget. They received $2 ,2 million this
year. Any increase above that amount will create a 10 percent costso
He stated the ISS program is mandated by the federal and state and the
costs are at their level, There will be cutbacks in the AFDC program
in services.
Supervisor Dolan did not feel there were guarantees in funding.
She felt there would 'not be the same level of expenditures, It could or
could not effect this program in public assistance. She did not feel it
would be a savings to the county.
Mr< Crisan stated the Board has asked staff to be nnouative,,arid
find ways to provide the same services or same costs at the local level,
The individual homemakers cannot control the employee, there have=been
discrepancies in the program. He does not have staff to control this on
a monthly basis.
Supervisor Dolan .stated she would rather not start the program
at all than to start and then stop it within a few months.
Supervisor Wheeler asked that the matter be continued one week,
She felt there was enough misunderstanding to delay action today.
BhpirmanrMoseley asked that :the„budgets:.tfansfer of X63,000
approved 'last week be held until ~a:coulfl~be,,;in<clttded~ in this.
Mre Crisan stated space became available at the Superintendent of
Schools Office. This was for :theeservice division. That amount allows for
the remodeling. Page 418,
June 9, 1981
81=
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975
June 9, 1981
Continued to June 16, 1981 discussion and. policy direction on the
In=Home Supportive Services Program proposal. Additional information on the
expenditure of $65,000 to be furnished the Board,
RECESS: 10:16 a.mo
RECONVENE: 10:29 a.m.
SUPERVISORS LEMKE AND WHEELER ABSENT AT THIS TIME
ADOPT RESOLUTION 81-115 - PUBLIC HEARING: JIM BORDOLI ABANDONMENT OF PUBLIC
UTILITIES EASEMENT FLORAL SUBDIVISION UNIT ~k 3 LOT 18
The public hearing on the Jim Bordoli abandonment of a public
utilities easement, Floral Subdivision Unit ~k3, Lot 18 was held as advertised.
orders
Bettye Blair, planning director, stated the application was in
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
976
On motion of Supervisor Saraceni, seconded by'Supervisor Dolan and
carried, Resolution 81-115 for the abandonment of a public utilities easement
for Jim Bordoli, Floral Subdivision Unit ~'k3, Lot 18 was adoptsed and the
Chairman authorized 'to sign.
AYES: Supervisors Dolan, Saraceni and Chairman Moseley ABSENT: Supervisors
Lemke and Wheeler ~.
SUPERVISOR WHEELER PRESENT AT THIS TIME
PUBLIC HEARING: ROBERT Eo HENNING APPEAL OF CONFJITION ON TENTATIVE PARCEL
MAP, AP 40-41-08, FOUR LOTS, PROPERTY LOCATED ON THE NORTH SIDE OF SKYWAY,
APPRO%IMATELY 700 BEET WEST OF MESA RESTAURANT, CHICO AREA
The public hearing on Robert E, Henning appeal of Advisory Agency's
condition 14 (provide the usable sewage disposal area on each parcel that
meets the requirements of the Butte County Subdivision Ordinance) on tent-
ative parcel ma'p, AP 40-41-08, four lots, property located on the north
side of Skyway, approximately 700 feet west of Mesa Restaurant, Chico area
was held as advertised.
Lynn Vanhart, environmental health director, set. out the back-
ground of the appeal. He was to provide usable sewage on his lot. This
is to grovide temporary relief until sewage connection can be made.
SUPERVISOR LEMKE PRESENT AT THIS TIME
Mr. Vanhart stated they are on the bluff and the ordinance does
not permit it. Usable area must be on the lot itself. Only the Board has
the authority to waive the ordinance requirements. Mr. Vanhart set out the
area on a map on display. They would have to connect below in the canyon
in order to have the necessary system. He responded to Supervisor Wheeler
that yes the Land Development Board could consider this issue. He felt the
usable area should be on the lot. When the parcel was all one lot a tank
was placed on the property,
Hearing open to the public. Appearing:
1. Myles Pustejovsky, McCain and Associates, stated Mro Henning
owned at the top and in the valley when the septic was put in previouslyo
He went to another party and retained one acre site for leach and leach lines.
It is drawn up that when the sewage district is formed they will join.
Page 419,
June 9, 1981
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977
_ _ _ _ _ Ju_ne_ 9 , 1981_ _ _
Hearing closed to the public) and confined to the Board,
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and unanimously carried, the Robert Harming appeal of Advisory Agency's
condition 14 (provide the usable sewage disposal area on each parcel that
meets the requirements of the Butte County Subdivision Ordinance) on
tentative parcel map, AP 40-41-08, four lots, property located on the north
side of Skyway, approximately 700 feet west of Mesa Restaurant, Chico area
was upheld as presently drawn on the temporary basis whet sewage becomes
available the assumption will be abandoned.
PUBLIC HEARING: CONTINUED JOSEPH FALS APPEAL OF CONDITION ON TINTATiVE
PARCEL MAP, AP 55-25-106 (PORTION), THREE PARCELS, PROPERTY LOCATED ON
THE WEST SIDE OF ROUND VALLEY ROAD, APPROXIMATELY 1/4 MILE PLUS WEST OF
CLARK ROAD. PARADISE AREA
The public hearing on Joseph Fals appeal of Condition No. 10
(provide circulation from Round Valley Road to a public maintained road)
on a tentative parcel map, AP 55-25-106 (portion), three parcels, property
located on the west side of Round Valley Road, approximately 1/4 mile
plus west of Clark Road, Paradise area was held as continued.
Clay Castleberry, public works director, set out the background
on the appeal. The hearing was held up for Mr.Buss'ey to contact property
owners in the project area, The individuals contacted were not enthused
about the additional circulation.Hei~sugg~sted they sustain the appeal and
approve his appeal of conditionso Individuals further developing will be
asked to ma~eaimprovements on the road.
SUPERVISOR WHEELER ABSENT AT THIS TIME
Hearing open to the public. Appearing:
1. Douglas Busseystated he could make friends by continuing the
hearing. He had no objections.
Mr. G'astleberry stated time was not a problem< The conditions
on the project can be met and the map recorded,
Hearing closed to the public and confined to the Board.
978
,'
On motion of Supervisor Lemke, seconded by Supervisor Dolan and
carried, the Joseph Fals appeal of Condition No. 10 (provide circulation
from Round Valley Road to a public maintained road) on a tentative parcel
map, AP 55-25-106 (portion), three parcels, property located on the west
side of Round Valley Road, approximately 1/4 mile plus west of Clark Road,
Paradise area was upheld.
AYES: Supervisors Dolan, Lemke, Saraceni and Chairman Moseley NOES: None
ABSENT: Supervisor Wheeler
PUBLIC HEARING: THERESA GEORGE APPEAL OF CONDITION ON A TENTATIVE PARCEL
MAP, AP 42-14-74, TWO LOTS, PROPERTY LOCATID ON THE SOUTH SIDE OF NORD AVENUE
AT THE INTERSECTION OF OAK WAY, CHICO AREA - CONTINUED TO JUNE 23, 1981
The public hearing on Theresa George appeal of Advisory Agency's
Condition No, 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 was held as advertised.
" Clay Castleberry, public works director, stated the frontage is
on Highway 32 and Oak Wayo It is west of Sacramento Avenue which is develop-
ing rapidly. It is beautiful property, division and development is happening,
Page 420.
June 9 , 1'981
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June 9, 1981
It is close to the Sacramento Avenue storm drainage area. These new developers
are not creating new drainage problems. The Advisory Agency felt this area
should have a storm drainage area.
Hearing open to the public. Appearing:
1. Cal Bachman, 3021 Esplanade, Chicoa Mr. Bachman set out
the areas on the mapo One parcel is 1,1 and the other 3a2 acres. They
are creating two parcelso It would be single family houses on the propertyo
To meet the condition they would have to put in 3,000 more feet of storm
drainage to create the two parcels. There is development going on all
around. There are 32 with drainage concerns.
SUPERVISOR WHEELER PRESENT AT THIS TIME
Mr. Bachman stated he is aware any requests will be reviewed by
the Board. It was recently rezoned "R-3" down the street and they are
putting in 30 units. He felt then a .drainage situation would have to be
solved and done without an extreme hardship. He felt it was grossly unfair
to put in a drainage system to take care of the applicants property. If
a study was done they would know where the problems wereo
Hearing closed to the public and confined to the Board.
Supervisor Dolan stated she cou~d empathize and Mro Bachman's
concerns representing the applicant. At the same time she did not think
the Board should look at it as creation of two parcels. There are commercial
needs in the area. There is a lot of parcelling activity and that is
going to create drainage problems for that area. They have to look at the
future property owners and developers. it is better to start now than to
do an assessment district with the property owners in the future<
There was a motion. by Supervisor Dolan that the Theresa George
appeal of Advisory Agency's Condition No. 4 (provide permanent solution for
drainage) on 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 are
be denied.
Supervisor Wheeler stated she could not vote on this matter as
she had not had sufficient time to study it.
Supervisor Lemke stated he could not second it because of the
nebulous term to provide permanent solution to drainage. In the past they
used the argument it was unfair to individuals to do something like this
and they have gone ahead and approved the project with some~cind of
temporary solution and nothing coming forward on this he could not second it.
Mr. Castleberry stated a study has been done immediately adjacent
to that storm area. They should go back to the developer with a proposal
to get their drainage to a natural storm:--' drainage and the county should
not have to make a proposal, None has been suggested=to"'"tk®m. If they could not
uphold the decision then ask the developer'and<:commttee with that proposal
to put this storm drainage ino It is a question of time.
Mr. Bachman stated the closest natural channel is Lindo and it
is 3,000 feet to the northwest of this parcel. It is adverse and the
closest point. It is a very shallow line, He is assuming the developers
in the "R-3" zoning will have to do something with their drainage. He
felt they were talking about commercial corridors He feels this is the
best use of the land. The current zoning on the property now is not consist=
ent with the General Plane Page 421,
June 9, 1981
81-
June 9, 1981 _
. Supervisor Dolan stated the whole system should not fall on_ one
parcel owner but needs to be part of the overall study. There will be
development with traffic and drainage problems.
Supervisor Wheeler stated possibly the Land Development Committee
could study this. There could be discussion with the property owners.
Motion died for lack of a second.
979
Referred to the Land Development Committee, Applicant and Public
Works Director to discuss the solution, Continued the closed hearing
to June 23,1981.
MOTION OF INTENT TO ACCEPT ORDINANCE ADDING SECTIONS 26-8, 34-1, 34-2, 34-3
AND 34-12 TO BUTTE COUNTY CODE RELATIVE TO AGRICULTURAL NUISANCES WITH
COUNTY COUNSEL TO FINALIZE LANGUAGE AND BRING BACK JUNE 16, 1981
A report to the Board from the Agricultural Advisory Committee
and consideration of an ordinance adding Sections 26-8, 34-1, 34-2, 34-3
and 34-12 to the Butte County Code relative to agricultural nuisances was
held at this time. The report had been submitted to members previously.
Open to the public.
1. -Dan Bozzo, Larkin;_Road, Gridley. Mr. Bozzo was representing
the Farm Bureaue The Board of Directors here in support of the ordinance.
The county has had ..continuous growth and ufith it is increased pressure on
the rural areas. They are in sympathy with liabilities and enforcement,
but each farmer lives with a lot of liability and enforcement rules.
2. Nancy Skinner, California Women in Agriculture, strongly
urged the Board to adopt this ordinance. A similar ordinance has been
adopted in other counties. They understand the concerns of the title
company. She felt the notice on the deed was very important and would not
like to see this deleted.
3. Jefferson Brown, attorney, representing Oroville Title Company,
stated they are not opposed to the ordinance itself, but as drafted it
could create a couple of problems. He set them forth in his letter to the
Board. It would create additional costs in handling escrow. He questioned
what benefits would be derived from putting a legend on the deed itself.
The buyer does not see the deed until after it is closed, He felt the
word "nearby" was unclear and it places the title company to determine this,
He felt there should not be any disputes to create lawsuitse Everybody
knows agriculture activity is the main pctfvfty in this county. Attaching
a condition on parcel maps or attaching a legend makes it a matter of
record and title companies will pick it up, then county staff can determine
when a piece of property might be a problem.
Dan Bla ckstock, county counsel, stated they talked about adjacent.
A subdivision could effect agriculture property as much as a single house
next to it. He stated adjacent is used in this type of ordinance. It is
a matter of policy,
Supervisor Lemke questioned with the ordinance in effect and the
Advisory Agency reviewng':,ther; _.:,. s subdivison map, could they leave the
decision to the Advisory Agency to determine adjacento
- Mr. Blackstock stated they would have to decide whether to put.
it on a map. The ordinance does not address that issued This was a
recommendation of one of the title companies. It is a reasonable one.
Page 422,
June 9, 1981
81=
3
June 9, 1981
Supervisor Wheeler felt it should be within the scope of the county.
Possibly they could reword the wording of the ordinance placing the respon-
sibility here. They could go with a motion of intent.
There was a motion by Supervisor Wheeler, seconded by Supervisor
Dolan, a motion of intent to accept the agricultural nuisance ordinance
and direct County Counsel to finalize the language and bring the matter
back June 16, 1981.
Supervisor Wheeler felt ithe requirement on the deed should remain
and to also place it on the map.
Mr. Blackstock questioned which agriculture zones they wished
this to be placed in operation.
Supervisor Wheeler stated she felt the Planning Director should
sit down with County Counsel and come back with the zones. Zones "A-5"
forward.
Vote on motion:
AYES: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Moseley
Motion carried.
Referred the matter to County Counsel and Planning Director to
cork out proposal and bring back.
980 PUBLIC HEARING: CLOSED - CONSIDERATION OF MODIFICATIONS TO BUILDING CODE
FOR OWNER-BUILT DWELLINGS IN DESIGNATED RURAL AREAS "{AS MODTFIEB FROM
CALIFORNIA "K" CODE;
The closed hearing on consideration of modifications to Building
Code for owner-built dwellings in designated rural areas (as modified from
California "K" Code) was held as continued.
Robert Boydexz, chairman, asked that a decision be made today.
He stated the map was from the original proposal.
Supervisor Lemke stated he felt it was too large an area.
Supervisor Wheeler stated possibly they could confine it to the
area where they have the most iitiput•~ She felt it would be acceptable. It
should be confined to a smaller area and do it on a test basis. Then they
could address it on a broader basis in the future. She suggested the Berry
Creek, Brush Creek, Swedes Flat area.
Mr. Boyden stated all urban areas are excluded in Chico, Paradise
and Oroville. Also, all of agriculture land was excluded. Only areas left
ere those of low density. They must be 1000 feet or more from public sewer
or water.
Supervisor Lemke had a problem with the double standard. He agreed
they should use a test area. He felt there were good rules in the code.
rivate property rights have been abused. There have been lawsuits where
eighbors have been fighting. He would like to see the test area and see
ow it works out.
Mr. Boyden stated the California Building Code has been adopted by
county. At least 50 percent of the provisions are stringent and cost
slating, especially for single family dwellings. He felt they really
d a different standard for the single family dwelling. The "K" code
Page 4.23.
June 9, 1981
81~
5
981
June 9, 1981
gives flexibility. It recognizes an understanding of the specific things...
in there and certain amount of reason and .common sense. It is needed for
the people to use that are within the medium and low income families.
Supervisor Wheeler stated there were questions raised by a
Public Works inspector she would like answered.
Supervisor Dolan questioned how the method of appraisal would
work for services such as police and fired She has trouble with the
double standards. Yet the state tells them to provide affordable housing that
is':' energy efficient, cost effective.
On motion of Supervisor Saraceni, seconded by Supervisor Lemke
and carried, an area is to be decided by county staff and the "K Code"
Housing Committee and to include answers which were brought up at today's
meeting.
AYES: Supervisors Lemke, Saraceni and Chairman Moseley
NOES: Supervisors Dolan and Wheeler
M~ Boyden stated he did not think these houses would be sub standaxd.
There are protections against this through environment and quality of
construction..
Supervisor Saraceni stated he would work with staff and the
committee to help with coordinating the o finance and paper work. When
completed they will bring it back before e Board,
Mr. Boyden thanked the committee who have given of their own
personal time for 12 years to grind this out.
Supervisor Wheeler stated the vote was in no way an endorsement
by this Board in any way to adopting the "K Code" `.as it is at the present
time.
PUBLIC HEARING: HOUSING AND COMMUNTTY DEVELOPMENT, REVIEW A-95 PROCESS
AND CONSIDERATION OF PROGRAM AMENDMENT TRANSFERRING FUNDS FOR DRAINAGE
7b STREET IMPROVEMENT PURPOSES
The public hearing on Housing and Community Development review
of A-95 process and consideration of program amendment transferring funds
for drainage to street improvement purposes was held as advertised,
Ward Connerly, Connerly and Associates, Inc., set out the back-
ground on the hearing. This is the second hearing in which they are request-
ing to re-program the Public Works money. The $200,000 for street impxove-
ments will remain. -They are trying to change the location and submit it
to the State Clearinghouse for approval.
SUPERVISOR WHEELER ABSENT AT THIS TIME
Supervisor Dolan stated she had reviewed the notes of the other
public hearings. The improvements required by HUD are somewhat cosmetic,
She understood it was budgeted for their protection both through HUD and
Farmers Home Administration. They are planning to place the improvements
in an area where there is no construction.
Mr. Connerly stated the improvements are to include one block
of Fallbrook. Fort Wayne and Greenbuilt were not re-programed in 1978-79.
Seventeen families along Burbank will benefit from those improvements.
Clay Castleberry, public works director, stated his staff felt
more people would benefit in the~.~urbank project area than would from the
alternative one that was suggested.
Page 424.
June 9, 1981
81=
v
982
hx9e
_ June _9 ,_1981 __ _ ___ ____
Hearing open to the public, Appearing: No one. J
Hearing closed to the public and confined to the Board.
On motion of Supervisor Saraceni, seconded by Supervisor Lemke
and carried, the amendment of transferring funds for drainage to street
improvement: purposes was authorized.
AYES: Supervisors Lemke, Saraceni and Chairman Moseley NOES: Supervisor
Dolan ABSENT: Supervisor Wheeler
JOINT MEETING OF BOARD OF SUPERVISORS, PRIVATE INDUSTRIAL COUNCIL (PIC) AND
OVERALL ECONOMIC DEVELOPMENT PROGRAM (OEDP) EXECUTIVE COMMITTEE TO DISCUSS
THE POTENTIAL USE OF CETA TITLE VII EMPLOYMENT GENERATING SERVICES FUNDS
TO SUPPORT A CONSOLIDATED ECONOMIC DEVELOPMENT EFFORT ON A COUNTYWIDE BASIS -
DESIGNATED OEDP AS LEAD AGENCY
The joint meeting with the Board of Supervisors, Private Industrial
Council (PIC} and Overall Economic Development Program (OEDP) Executive
Committee to discuss the potential use of CETA Title ~s.VII Employment
Generating Services funds to support a consolidated economic development
effort on a countywide basis was held at this times ,
SUPERVISOR WHEELER PRESENT AT THIS TIME
Jim-Lynch, president, Private Industrial Council (PIC) set out
the background on the joint meeting. The" IC Board voted unanimously to
hold a joint meeting with the Board to have an open mind and accept prop-•
osals from group agencies or anyone involved in the economic processo
PIC has been considering some kind of economic development fundings and
agency funding for sometime. Some proposals have been rejected. One
proposal was to return the money to the federal government, The Board
of Supervisors sent it back for reconsideration and to receive additional
information. They have been reviewing the kinds of activities and what
is legal through the federal guidelines. Additional funds of $31 million
for incentive are to go to areas of high unemployment.
Mr. Lynch stated they are here to accept proposals for anyone-
wishing to do so keeping to a reasonable time limit.
1> Jackie Santos, president, Butte Business Alliance of .Chico,
read from a prepared statement which was presented to Board members and
the clerko Ms. Santos stated that through a contractual agreement with
PIC, the BBA would work toward the creation of new jobs in Butte County by:
1) Determine the personnel needs of existing businesses through a county-
wide canvass; 2) Coordinate activities with the University and the Business
Foundation to establish research activities and provide services for industry;
3) Develop an outreach program for seeking new business to locate in Butte
County; and 4) Establish a permanent non-profit economic development corp-
oration, Ms. Santos stated for the activities she set out from between
now and September 3l, 1981 they would request a contract in the amount of
$15,000,
• 2, Jay Livermore, Butte County Commission, stated there was
discussion a year ago regarding the same items brought up today and
nothing was done about ito The overall EDC has been in operation for
approximately 13 years. They have representatives from all of the various
economic groups in the communityo The representatives are appointed by
your Board, For some time they had a budget, director and secretary in
the office. Then they lost the office and half a secretary and director.
funding. At this point it was decided to restructure. He felt it should
be reactivated and used by. the Board as it was originally set up. It does
not have to have the same personnel.
Page 425.
June 9, 1981
June 9, 1981
8'1. 3. Russ Jarman, Economic Development Committee, set out the
3 background of the committee. They represent and consist of every facit
of the community picking out public people. Their printed matter appears
each year and indicates the history and economics of Butte County. They
helped to get Louisiana Pacific moved from Feather Falls into Oroville
through a grant and they established a road, They helped get sewer and
water for the industrial tracks in Oroville and Gridley.
4. Elmer Ames, Overall Economic Development Program Committee
(OEDP), stated they had been in operation since 1968-69. There are 14
on the board. They disbanded because of funds. There was a lot of
activity and they do not believe in duplications He felt their committee
was much more superior than the new one that could be put into effect now.
5o Wayne Hall, president, Paradise Chamber of Commerce, stated
in the past they had felt Paradise was not adequately represented, That
is not true nowa Paradise will have representation on OEDP.
6. Michael Schrader, BEDCo, stated at their last meeting they
discussed a lot of proposalso He felt OEDP was a closed•organization.
He has been involved in economic development since moving to Oroville.
BEDCo is working on defense contracts. It is an incentive for jobs for
local people rather than bringing in people of their own. He felt the
Board should consider an organization that;;has an open membership.
Mr. Ames stated their organization is not closed. Each supervisor,
appoints a representative from their area. They are all volunteers.
7. Gary Godley, Butte Business Alliance, stated the proposal which
was presented earlier is for a three month period. They have definite set
of activities to start with. They do not want to see the county lose the
money. They want to go forward in the next few months.
Nro Lynch stated all groups agree there should be a local develop-
ment committeeo They will need expert staff to work with industry when it
comes in, The Chico Chamber can help a lot. People become interested in this
area and then because of a lack of expert help choose to move elsewhere.
They need a lot of education and expertise to do the job. It will take
money to hire efficient staff<
Supervisor Dolan stated there were two representative from the
state at the last PIC meeting. They must find or identify an organization
that can provide for the needs, _They should represent all geographic points.
It is felt OEDP is this type of organization,
Clif Nickelson, administrative officer, stated the OEDP was a great
benefit on the previous projects they handled. They are limited, There
are a lot of items to deal with in order to get the government approval,
Discussion was held regarding the manner in which to accept a
proposal and get the approval for submission to the state.
Jim Rackerby, personnel director, stated the Butte County Board of
Supervisors are the prime sponsor. They are at the point where PIC should
agree on a program and issue a contract, PIC is in recess to this joint
meeting. They will reconvene as soon as the Board gives them direction.
It will allow staff to develop a corporation and then get the leg work Bane
so they can bring it back to the Board. This must be done in~rder to get
this moving. It is a significant amount of money. The grant last year was
for $295,000 and includes an extension grant, They must spend the $40,000
to $50,000 by September 30th. Page 426.
June 9, 1981
-~
81=
_ _ June 9, 1981
Mr. Nickelson stated County Counsel had indicated OEDP can move
forward as far as taking the corporation papers out. Mra Rackerby has
indicated his staff can supply interim staffing assistance. They could
then get the program going within ~5 days.
Supervisor Saraceni stated a private member corporation was
formed to meet the original guidelineso He did not feel the guidelines
were being followed when they are forming a corporationo He felt everyone
should have the opportunity to join if they are interested. He felt they
were getting away from that,
8. Robert Hewitt, member of PIC, stated the guidelines were
very confusing and in an area where they are totally ignorant. There
are things they did not know they could do, Through the help of the
two federal employees, Personnel Office staff and the Administrative Officer
they have made progress. They are all committed to economic development
or getting jobs for people who are unemployedo He felt they could possibly
contract with BBA as they have existing staff to utilize and they could
work with the old OEDP committee and form a coilition. With the BBA
staff under contract with PIC to do an overall economic development program
with specifics and at the same time work with OEDP for the basis of
advising and various development groups in the county.
Supervisor Lemke stated he felt Mr. Hall had made a lot of sense.
That OEDP has staff and he felt they would~be able to work as an umbrella
agency for all the otherso
Supervisor Dolan felt it was important they not give the impression
they need to spend the money. Membership should be open and all organizations
represented. He stated they are not going to be all things to all people.
The total function is to provide jobs. Bringing in industry does not mean
machinery or factories.
Mr. Rackerby stated in oxder for the county to contract with the
proposal it would require a request for proposals. They would have to go
through the process or they could not get the fundingo Tf they do the
in-house process they will not have to go with the RF'P's. They should
move to fund that in such~a way that PIC can provide staff and the program
in turn will involve OEDP. They need to form an independent county board
and be a nonprofit agency and it can be handled in-house, He stated there
were legal requirements by the government which are placed on bids. It is
a measuring device to make sure public money is going to be spent in the
right way.
There was a motion by Supervisor Lemke, seconded by Supervisor
Wheeler, to designate the Overall Economic Development Program (OEDP) as
the lead agency and to get incorporated as soon as possible subject to
approval by the Private Industrial Council (PIC),
Supervisor Saraceni stated the only thing he could not go along
with is yes he thinks they desperately need to go with jobs and industry.
One thing he did not agree with was not having a public membership and
participation. He did not feel OEDP allowed that.
Mr. Nickelson stated it might be confusing, but as a sub-committee
Oroville has nine members including business, labor and construction, The
character of the representatives are pretty well decided by the given area,
Supervisor Saraceni was concerned about a private corporation
which was the organization of PIC. It did not give the opportunity for
public memberships to go to their board of directors if things were not
going right. Page 4.27.'
June 9, 1981
June 9, 1981
g1= Mr. Lynch stated under the formation of the new corporation that
~ could be drawn into the by-lawso
Supervisor Saraceni stated he was for it if it was public and
the board of directors were through the membership.
Dan Blackstock, county counsel, stated they could set up the
by-laws to pick the members in the same glanner that the OEDP was formed.
It is not an open election.
Vote on motion:
AYES: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Moseley
Motion carriedo
982 APPROVE LOCAL BUSINESS ADVISORX SERVICES CONTRACT, SUBJECT TO PRIOR
APPROVAL O1' THE PRIVATE ,INDUSTRIAL COUNCIL
There was a motion by Supervisor Wheeler and seconded by Supervisor
Saraceni, a subcontract requiring the approval of both Private Industrial
Council and the Board of Supervisors with the California State University,
Chico Center for Business and Economic Development in an amount not to
exceed $20,000 to expand existing advisory services to local business
community be approved; and the Personnel Director authorized to sign,
subject to prior approval of the Private Industrial Council.
Jim Rackerby, personnel director, set out the background on the
proposal. The EDA will cease as of July 1 and there will be no additional
funds. They have trained staff, PIC would like to see the organization
continue until the OEDP proposal was before them.
Vote on motion:
AYES: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Moseley
Motion carried.
RECESS: 1:31 pomp
RECONVENE: 3:02 p,m.
983 APPROVE HOUSING AND COMMUNITY DEVELOPMENT REVISION TO CITIZEN PARTICIPATION
PLAN
Ward Connerly, Connerly and Associates, Inco, set out the back-
ground on the citizen participation plan. The federal government block
grant guidelines require them to hold three public hearings before an
application could be submitted. It began when they were in the Chapmantown
area.. They no longer have a program in Chico it is centered in El Medio
now. People are not going to the hearings and meetings.
Supervisor Dolan felt the present system was best. The monthly
reports that the Administrative Office sent out have been discontinuedo
She found the information helpful.
Supervisor Lemke stated he did not agree that holding the hearings
would reach the people. He has attempted numerous times in the Chico and
* Paradise areas to get individuals to attend and they do nat.
Chairman Moseley states she relies on telephone calls. If there
are complaints, people will contact her.
page 428.
June 9, 1981
81=
a
984
985
June 9, 1981
^Mr. Connerly stated last week he spent three hours at the^CAA
Uffice_;meeting with a group of residents in the communityo He felt the
meeting was more down to earth than halding the public hearings and nobody
showing up.
Supervisor Dolan stated if they do that, it is fine but at the
sametime allow the required 'meetings to be held. She did not feel two
meetings a year was too great a.. burden.
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and carried, the Housing and Community Development revision to the Citizen
Participation Plan in connection with the Block Grant Program calling for
fewer meetings and fewer requirements for outreach was approved,
AYES: Supervisors Lemke, Saraceni, Wheeler and Chairman Moseley
NOES: Supervisor Dolan
CLOSED HEARING: JOHN LECHNER PROPOSED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACT AND DENIED VARIANCE TO THE MINIMUM LOT SIZE REQUIRE-
MENTS TO ALLOW A 4.1 ACRE PARCEL IN A "TM-5" (TIMBER MOUNTAIN - 5 ACRE
PARCELS) 20NE ON PROPERTY LOCATED ON THE EAST SIDE OF THE STATE HIGHWAY 32
FRONTAGE ROAD, APPRO%IMATELY ONE MILE SOUTH OF NOPEL DRIVE, IDENTIFIF,D
AS AP 63-13-03. FOREST RANCH
The-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 i~ 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.
Bettye Slair, planning director, set out 'the background on the
continuance. There-was a tied vote on previous action.
Supervisor Wheeler stated she had spoke with the property owner
and engineer, they are awaiting action from the Board.
Supervisor Lemke stated he had listened to a tape as well as
reviewed the file on previous activity.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried., the John Lechner proposed negative declaration regarding environ-
mental impact and denied variance to the minimum lot size requirements to
allow a 4.1 acre parcel in a "TM-5" (timber mountain - 5 acxe 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 be denied.
AYES: Supervisors Dolan, Lemke and Wheeler
NOES: Supervisor Saraceni and Chairman Moseley
ESTABLISH HOME PURCHASE ASSISTANCE PROGRAM - HOUSING AND COMMUNITY DEVELOPMENT
Discussion and policy direction on a proposal to extend home
ownership opportunities for low and moderate income persons was held at
this time.
Ward Connerly, Connerly and Associates, Inc<, set out the back-
ground on the proposal. In the El Medio area there is about 60 to 70
percent absentee land owners. A lot of people would like to buy and
rehabili-t ate the homes. He set out his proposals in his memo to the Board>
SUPERVISOR WHEELER ABSENT AT THIS TIME
Page 429.
June 9, 1981
81-
3
June 9, 1981
There was a motion by SupervisorVSaraceni, seconded by Supervisor
:mke, the home purchase assistance program to extend home ownership
rportunities for low and moderate income persons be„approveda
Supervisor Dolan stated she would like more concrete information
efore voting on this mattero
Mr. Connerly explained the loan commitment at this time. The
money must be used within the target areao They will only subsidize
low income buyers. They will handle it but will have a private escrow
accounto
Vote on motion:
986
AYES: Supervisors Lemke, Saraceni and Chairman Moseley NOES: None
.ABSENT: Supervisor Wkteeler ABSTAINING: Supervisor Dolan
Mro Connerly stated they have never authorized anyone on the
Loan Committee to sign loan documents on behalf of the county so they
can get funds into private escrow as is necessaryo '
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and carried, Supervisor Saraceni ac ting.as:iChairman of the Loan Committee
be authorized to sign loan documents on behalf of Butte County in order
to get funds into private escrow as necess~ry was approved,
AYES: Supervisors Lemke, Saraceni and Chairman Moseley NOES: None
ABSENT: Supervisor Wheeler ABSTAINTNG: Supervisor Dolan
APPROVE STATE DEFERRED PAYMENT REHABILITATION LOAN PROGRAM
Discussion and policy direction on the State Department of Housing
and Community Development approval of an application for Deferred Payment
Rehabilitation Loan Program in the amount of $57,500 of which $7,500 is for
program administration was held at this timed
Pat..:Osborn;~,, Connerly and Associates, Inco, stated the county
was aware of the $57,500 funding commitment for the rehabilitation program.
Of 53 applications only 28 were successful. The `$50,000 would be used
for lending purchases and $7,500 for administrative costs. The funds would
be on deferred basis with 3 percent simple interest packet with the block
granto She set out the information presented to the Boards
Ward Connerly, Connerly and Associates, Inc., stated if they do
pay loans out of the $64,000 they will be huge loanso
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and carried, Resolution 81-116 authorizing the execution of a standard
agreement, and other documents to secure a commitment of funds from the
Deferred Payment Rehabilitation Loan Program of the State of California
was adopted;' subject to approval of contracts by County Counsel and County
Auditor, and the Chairman authorized to signo
AYES: Supervisors Dolan, Lemke, Saraceni and Chairman Moseley
ABSENT: Supervisor Wheeler
Nolan Hyde, auditor's office, stated the Auditor had some concerns
with the length of the contracts and the expense to the county. They have
not reviewed the guidelines closely, It would be an on going program for
22 years or until all loans are paid back, They were concerned about the
liability to the county.
,;.
SUPERVISOR WHEELER PRESENT AT THIS TIME
Page 4300
June 9, 1981
81= 987
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June 9, 1981
APPROVE PUBLIC WORKS ITEMS y y J _ y
On motion of Supervisor Dolan, seconded by Supervisor Lemke and
unanimously carried, the following Public Works items were approved:
1,(s)Adopted Resolution 81-117 program supplement 18 for application
for federal funds for the installation of automatic crossing protection for
the East Park Avenue at Sacramento Northern Railroad, $53,250; and the
Chairman authorized to sign; (b) Adopted Resolution 81-118 program supple-
ment 19 for application for federal funds for the installation of automatic
crossing protection for Cana Highway at Southern Pacific Railroad, $62,250;
and the Chairman authorized to sign; (c) Adopted Resolution 81-119 program
supplement 21 for application for federal funds for the installation of
automatic crossing protection for Central House Road at Western Pacific
Railroad, $56,250; and the Chairman authorized to sign; (d) Adopted Resolution
81-120 program supplement 22 :for application for federal funds for the
installation of automatic crossing_protection for Stanfoxd Lane at Southern
Pacific Railroad, $51,250; and:fhe'Ghairman authorized to sign; Budget
Transfer 281 prepared for appropriate funding for the projects.
2. Approved the deposit of Kelly Ridge Unit No. 7 Development in
the amount of $648.84 for taxes or special assessments which are a lien,
but not yet payable; approved the final Kelly Ridge Unit No. 7 subdivision
map, 50 lots, AP 34=01-37 and AP 34-04-99, property located on the west
side of Royal"Oaks Drive at Oman Drive, Oroville area; accept the easement
described in items l and 2 of the owner's certificate offered for dedication
to specific public agencies and utilities on behalf of those entities only;
with construction to be completed within the one year period; authorized
the Chairman to sign subdivision agreement.
3, Authorized the right-of-way exchange of pr:ope'rtyron Mangrove
and the first curve on East 9th Avenue for 10 feet owned by the county so
Jane Morgan may construct a parking lot on her property, AP 45-04-31,
grant deed to Jane Morgan and accept grant-in-fee property being exchanged.
4. Adopted Resolution 81-121 authorizing submittal of the
1980-81 beautification.: and litter control program which provides $10,000
for the county and authorizes $12,361 allocation to the City of Chico
application; Public Works Director to negotiate and sign contracts and
the Chairman authorized to sign resolution.
5, Adopted Resolutipn'81-122 declaring East 16th Street in Chico
as a through highway so stop signs can be erected on county road intersections
and the Chairman authorized to sign,
6. Accepted the low bid on the Lincoln Boulevard, Project No,
18491-80-1 of Robinson Construction Company, Oroville in the amount of
$398,062,50.
7. Accepted the low bid on the Oroville-Quincy Highway, Project
No. 27503-80-1 of Robinson Construction Company, Oroville in the amount of
$111,237.
APPROVE PLAN AND SPECIFICATIONS - SOUTH OROVILLE IMPROVEMENT PROJECT, PHASE
III PROJECT N0, 25505A-81-1
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and carried, the plans and specifications of South Oroville Improvement
Project, Phase III, Project No. 25505A-81-1 were approved; authorized the
Chairman-and Public Works Director to sign the plans; adopted the wage
scale; and set bid opening for 11:00 a,m., July 2, 1981 in the Public Works
Office,
AYES: Supervisors Lemke, Saraceni, Wheeler and Chairman Moseley NOES:
Supervisor Dolan Page 431.
June 9, 1981
June 9, 1981
gl. 9g9 PUBLIC HEARING DAT$ SET
3 A public hearing date was set for June 30, 1981 at lOssl5 a.mo
for consideration of Heart Federal Savings and Loan Association draft
environmental impact report and rezone from "A-R" (agricultural-residential)
and "C-1" (light commercial) to "PA-C" (planned area-cluster) to allow a
317 unit residential development on pxoperty located on the southeast corner
of Olive Highway (State Highway 162) and Apica Way, identified as AP 34-50-23,
39 and 40, east of Oroville.
990 WAIVE FIRST READING OF ORDINANCE AMENDING BUTTE COUNTY CODE SECTION 32-8
RELATIVE TO ADDRESSING PROCEDURES
On motion of Supervisor Wheeler, seconded by Supervisor Lemke
and unanimously carried, the first reading of~ordinance amending the
Butte County Code Section 32-8 relative to addressing procedures was waived.
991 APPOINTMENT TO CITIZENS ADVISORY COMMITTEE FOR DRUG ABUSE
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and unanimously carried, the appointment of Pat Browder and Wally Zann
to the Citizens Advisory Committee on Drug Abuse was approved,
992 APPOINTMENTS TO COUNTY BEAUTIFICATION AND CLEAN UP COMMITTEE
On motion of Supervisor Dolan, seconded by Supervisor Saraceni
and unanimously carried, the following appointments to the County Beautifi-
cation and Clean Up Committee were approved:
Karen Varacruze - District 3 +~~
Jan Price - District 4
993 APPROVE APPLICATION TO STATE DEPARTMENT OF PARKS AND RECREATION - LITTLE
CHAPMAN MANSION
On motion of Supervisor Dolan, seconded bq Supervisor Lemke and
unanimously carried, the application to State Department of Parks and
Recreation for designation of point of historical interest "The Litte
Chapman Mansion" was approved,
994 CONTINUE TO JUNE 16, 1981 - CONSIDERATION OF AMENDING POLICY AND PROCEDURE
MANUAL SECTION 1.11 CONCERNING PROCLAMATIONS
Continued to June 16, 1981 consideration of amending Policy and
Procedure Manual Section 1,11 concerning proclamations.
995 CONSIDERATION OF LETTER FROM CITIZENS ADVISORY COMMIT-TEE ON DRUG ABUSE TO
BE HELD UNTIL BUDGET TIME - REPORT BACK FROM ADMINISTRATIVE OFFICE IN ONE
WEEK THE DEFICIT OF THE PROGRAM
Consideration of letter from Citizens Advisory Committee on Drug
Abuse regarding funding for drug abuse services in Butte County continued
to budget time.
Supervisor Wheeler directed staff to report back June 16, 1981
on the kind of deficit they have in their program.
996 IN SUPPORT OF SENATE BILL 804 RELATIVE TO CHANGING METHOD OF COLLECTING
ANNUAL FEES FOR MOBILE HOMES
Discussion was held regarding Senate Bi11 804 relative to changing
the method of collecting the annual fees for mobile homes.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
unanimously carried, in support of Senate Bill 804 relative to changing the
method of collecting the annual fees for mobile homes.
SUPERVISOR WHEELER ABSENT AT THIS TIME
Page 432.
June 9, 1981
June 9, 1981
81= 997
b
998
999
PUBLIC HEARING,DATE SET FOR JULY 14, 1981 AT 10:00 A.M. - CONSIDERATION OF
LEASH LAW WITHIN CERTAIN UNINCORPORATED AREAS OF THE COUNTY
Steve Musselman, administrative analyist, set out the background
on the meetings with the Agricultural Advisory Commission, staff and Animal
Control relative to the establishment of a leash law within certain unin-
corporated areas of the county. It was felt at least one public hearing
should be held, Mr. Musselman stated he had received a letter from Animal
Control indicating there would be addition expenses with this extra duty.
Supervisor Lemke stated Animal Control had indicated the proposed
law would be a great help to them.
A public hearing date of July 14, 1981 at 10:00 a.m. was set
for consideration of the leash law within certain unincorporated areas
of the county.
ACGEPTID REPORT CONCERNING PUBLIC DEFENDER SERVICES BY SUPERVISORS DOLAN
AND WHEELER
On motion of Supervisor Lemke, seconded by Supervisor Dolan and
carried, the report concerning the Public Defender services completed by
Supervisors Dolan and Wheeler was accepted.
COMMUNICAfiI0N5
J. Maynard Peterson, Chico. Mr. Peterson;~arites indicating his opposition
to the construction of libraries~'in Chico and Gridley. Information;
no action taken.
Butte County Cattlemen's Association. The association writes forwarding
information with regard to the ordinance relative to agricultural
nuisances. Handled earlier in the meeting,
Price, Burness, Price, Davis .and Brown, attorneys at law. The attorneys,
on behalf of Oroville Title Company, write forwarding information
relative to the proposed ordinance concerning agricultural nuisances.
Handled earlier in the meeting.
Roy Stripe, Chico. Mr. Stripe writes forwarding information concerning the
need for government involving in economic development activities.
Information; no action taken.
N. T. Enloe Memorial Hospital. Personnel of the respiratory care center of
the hospital write in follow-up to previous Board discussions
relating to an ordinance regarding the use of masks in public
places. Referred to Butte County Committee on Coalition~e~.
Butte County Veterans Council, The organization writes suggesting changes
to the appointment of members to the various veterans memorial
ha115< Referred to each Memorial Hall Holding Committee for report
back.
Chico Area National Socialistsa The organization writes with regard to the
composition of members of the proposed Public Defender Advisory
Committee under >;consideration by the Board, Information; no
action taken.
James Brown, Oroville. Mre Brown writes as a representative of "People for
Progress" and asks that the Board support their July 4 activities
in Bidwell Park to bring together and unite people regardless of
race, religion or color. Discussion; no action taken.
.._ ~ , ... Page 433.
June 9, 1981
June 9, 1981
g1- ecil Ma Johnson, Fountain Valley. Mr. Johnson writes with regard^to the
~ Treasurer's recalculation of interest on installment tax sale
~~3b35. Discussion; no action taken.
timer and Renkel, attorneys at law. The attorneys, on behalf of Timothy
Pate, Michael Rooney and Michael Nicol, forward individual claims
for personal injuries as a result of alleged injuries sustained
in an automobile accident on or about February 21, 1981 in the
vicinity of Nelson Road. See motion following communications,
1000 REJECT CLAIMS
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and carried, the claims of Timothy Pate, Michael Rooney and Michael Nicol,
for personal injuries as a result of alleged injuries sustained in an
automobile accident on or about February 21, 1981 in the vicinity of Nelson
', Road were rejected as not being timely fined.
loos
CERTIFY YUYU35A'1'1 UN F1(iU 1CL'A
On motion of Supervisor Dolan, seconded by Supervisor Lemke and
carried, the certification of the population estimate within Butte County
to be 14$,148 as of January 1, 1981 was accepted.
RECESS: The Board recessed at 4:43 to hold an executive session.
RECONVENE: The~Board reconvened at 4:43 after holding an executive session
regarding personnel matters an~._litigation. No announcements
were made at this time.
There being nothing further before the Board at this time the
meeting adjourned at 4:54 p.m. to reconvene on June l6, 1981 at 9:00 nom.
ATTEST: CLARK A. NELSON, COUNTY CLERK.-RECORDER
and ex- ficio Clerk of the utte Co y
Supervisors
By Chairman, Board of upervisors
Page 43~+.
June 9, 1981