HomeMy WebLinkAboutM063081June 30, 1981
OF CALIFORNIA )
SS.
OF BDTTE )
81-
_~
1088
The Board of Supervisors met at 3:00 a.m. pursuant to adjournment.
Present:- Supervisors Saraceni, Wheeler and Chairman Moseley. Clif Nickelson,
administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson,
county clerk, by Cathy Pitts, assistant clerk to the Board. Absent:
Supervisors Dolan and Lemke
Pledge of Allegiance to the Flag of the T7nited States of America
Invocation by Supervisor Saraceni
Gerald Lively, deputy administrative officer, asked that the
Board clarify their motion in minute order 81-1052 relative to the
appointments on the Corrections Needs Assessment Advisory Committee.
The motion as it appears in the minutes is correct. After listening to
the discussion, the discussion seemed to indicate something else. He
discussed this with Supervisor Wheeler who made the second to the motian
as to her understanding of the motion. It seemed there was some confusion
as to what was moved and passed. Several weeks ago there was a question
about representation from the south county. When the appointments were
made Bill Ihle and Jim Evans were left out of the motion for public members.
He wondered if it was the Board's intent that these people be on~the committee
or not.
Supervisor Wheeler u~der5tood that t,~ie'~oard of Corrections=was
explicit in the fact they want people in the private sector involved.
She felt it was discriminatory to not allow an individual because they
are a news person. They need a divergence in the committee. She felt
to exclude these two people would be discriminatory.
Chairman Moseley understood that Supervisor Dolan had not
objections at the end of the discussion.
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the following public members were added to the Corrections Needs
Assessment Advisory Committee:
Bill Ihle
Jim Evans
1089
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, the minutes of June 23, 1981 were approved as mailed with the
above clarification.
APPROVAL OF ADDTTIONAL AGENDA ITEMS FROM BOARD MEMBERS TO BE ADDRESSED AT
THE END OF THE DAY
Supervisor Wheeler stated she would be discussing problems on
erosion of the bank on Chico Creek.
Chairman Moseley would be discussion the OEPD structure.
1090 WAIVE FIRST READTNG OF SALARY ORDINANCE AMENDMENT
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the first reading of the salary ordinance amendment that
implements the homemaker plan previously approved by adding one homemaker
supervisor, 33 homemakers and two typist clerk positions to the Welfare
Department was waived.
Page~A86.
June 30, 1981
811091
$,
1092
1093
1094
1095
I
10961
1097
June 30, 19.81
APPROVE 1982 CETA PRELIMINARX PLAN
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the preliminary plan for federal fiscal year 1982 CETA activities
including the State CETA vocational education grant was approved and the
Director authorized: to sign.
APPROVE/DENY PENALTY ABATEMENT REQUESTS, CHANGE"OF OWNERSHIP-REPORT
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the following action-was taken:
1. Approved penalty abatement request for John J. and Kay M.
Lewis, AP 045-38-0-052-0
2. Denied penalty abatement request for Anthony L. Rosato,
AP 027-04-0-065-0
APPROVE 1981-82 MEDITERRANEAN FRUIT FLY DETECTION PROGRAM"AGREEMENT
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the agreement with the State Department of Food and Agriculture
for operation of a Mediterranean Fruit Fly Detection Program for 1981-82
in the amount of $53,368 which will add an additional agricultural biologist
position which is reflected in the proposed budget was approved and the
Chairman authorized to sign.
APPROVAL OF PESTICIDE USE ENFORCEMENT AGREEMENT HELD UNTIL LATER IN THE
MEETING
Consideration of the approval of the pesticide use enforcement
agreement with the State Department of Food and Agriculture was continued
to later in the meeting.
APPROVE AUCTIONEER'S LICENSE AND BONA = PAT A. PRTTCHARD
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the auctioneer's license and bond for Pat A. Pritchard for the
conducting of auctions within the County of Butte was approved.
ADOPT RESOLUTTON 81-138 ESTABLISHING INTERNAL SERVTCE FUNDS FOR BUILDING
AND GROUNDS MAINTENANCE, UTILITIES CLEARING, CENTRAL MOTOR POOL, CENTRAL
DUPLICATING CENTRAL STORES AND CENTRAL COMMUNICATIONS
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, Resolution 81-138 pursuant to Government Code Section 25260 and
25262 establishing internal service funds for Building and Grounds Maintenance,
Utilities Clearing, Central Motor Pool, Central Duplicating, Central Stores
and Central Communications was adopted and the Chairman authorized to sign.
APPROVE BUDGET TRANSFERS
Clif Nickelson, administrative officer, asked that the Board hold
budget transfer B-318 as there are funds from the reserve. It would take
four votes to move the funds from the reserve.
Chairman Moseley asked that budget transfer B-319 be held over
at this time.
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the following budget transfers were approved:
B-314 - Agriculture - Med ~ Detection Program. This transfer
establishes the budgetary appropriation for the 1980-81 Agriculture Med Fly
Detection Program as follows: salaries and wages, $5,279; benefits, $3,007;
travel, $1,214; and fixed assets - equipment, $13,200. Total amount of the
transfer is $22,700 with funding coming from state aid - Department of Food
and. Agriculture. The program was approved by the department on June 16, 1981.
Page487.
June 30, 1981
81-
a
1098
1099
2000
2001
June 30, 1981
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ W = _ _ _ _ _ =
B-315 = Supplemental Manpower Pro~ram_. This is a $2,480,181 transfer
revising the numerous 2'Ianpower appropriation accounts to reflect the current
federal notices of funds available in federal fiscal year 1981. As part of
this transfer there is a total of $1,945,704 transferred between various line
items and together with $534,477 in federal manpower revenue accounts for the
total amount of the transfer.
B-320. - Supplemental Manpower Program - Administrative Cost Pool.
Establishes additional appropriations in Manpower accounts for federal fiscal
year 1981 as follows: Title IIB and C: increases professional and specialized
services, $82,410. Within Title IV SYEP increases extra help, $230,900;
benefits, $7,000; clothing and personal supplies, $9,200;'maintenance of
equipment, $1,000; rents and leases of equipment, $12,000; special department
expense, $17,013; and travel, $10,000. Total amount of the transfer is
$369,523 with funding coming from unanticipated revenue - federal manpower
funds.
APPROVE 1981-82 ALCOHOLISM PLAN AND PRELIMINARY PROGRAM BUDGET
Clif Nickelson, administrative officer, stated that the interesting
thing about the plan and budget is it is part of the whole Mental Health
program requiring a ten percent match. The local match for this program
is not coming from property taxes but from fees and charges. on the drunk
driving convictions.
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the 1981-82 preliminary County Alcoholism Plan and program
budget in the amount of $195,095 with the program and budget subject to
changes as a result of state and federal revenue uncertainties was approved
and submission to the State Department of Alcohol and Drug Abuse was approved.
PUBLIC HEARING DATE SET
A public hearing date of July 21, 1981 at 10:00 a.m. was set
for consideration of D. Harrison petition for variance to Sections 19-10
and/or 19-I2 of the Butte County Code for placement of a mobile home on
AP 65-02-005, Coutolenc Road, Magalia area. Zoning: "TM-5"
RECONSIDERATION OF RE UEST FOR PENALTY RELIEF FOR ELISE DE FRANCO
Reconsideration of the request for penalty relief for Elise
DeFranco was held at this time.
Dan Blackstock, county counsel, advised that the Board had
approved the request for penalty relief. Section 4985.2 does not allow
grounds for granting the penalty relief.
On motion of Supervisor Wheeler, seconded`by Supervisor Saraceni
and carried, the request for penalty relief for-Elise DeFranco for
AP 53-16-2-063 was denied with a letter to be sent and the Chairman
authorized to sign the letter.
ADOFT RESOLUTION 81-139 & 81-140: APPROVE PUBLIC-WORKS ITEMS
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, the following action was taken:
1. Approved contract change order No. 5 in the increasing amount
of $11,721..10 that provides for the removal and replacing of backfill material
on Highway 32 and re-excavation and installation of drainage structures as
a result of utility conflicts for Sacramento Avenue Assessment District and
the Chairman authorized to sign.
2. Adopted Resolution 81-139 awarding the construction contract
Ilto Ray Bertelsen Company, Inc. for East Ridge Assessment District.
Page. 488.
June 30, 1981
June 30, 1981
81-~ 3. Authorized filing of award of contract for East Ridge Assessment
$ District.
4. AdopCed Resolution 81-140. approving the agreement with Pacific
Gas and Electric Company for the installation of utilities for-East Ridge
Assessment District.
2002 ADOPT RESOLUTION 81-141 SETTIiVG'PUBLIC'HEARING DATE FOR ROAD NAME CHANGES
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, Resolution 81-141 amending Resolution 81-123 setting a public
hearing date of July 21, 1981 at 10:00 a. m. for road name changes in Butte
County was adopted and the Chairman authorized to sign.
2003 AUTHORIZE AUDITOR TO PREPARE WARRANT FOR PAYMENT FOR SOUTHERN PACIFIC
RAILROAD RIGHT-OF-WAY FROM BUTTE CREEK TO PARADISE
Clay Castleberry, public works director, reported that after
two and one-half years of negotiations with. Southern Pacific Railroad,
the right-of-way from Butte Creek to Paradise has arrived in Butte County.
The cost is $6,000 plus the negotiations cost.
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, the Auditor was authorized to prepare a warrant in the amount
of $6,000 for payment for the Southern Pacific Railroad right-of-way.
:2004 APPROVE ALIGNMENT .AND WIDTH FOR STREET AND ALLOW PROCEEDING WITH PARCEL
MAP PROCEDURES INSTEAD OF SUBDIVISION PROCEDURES FOR BtY~BWIN"CONTRACTING
COMPANY FOR AP 40-02-133
Clay Castleberry, public works director, stated that the Board
had received a letter from McCain Associates relative to the Baldwin
Contracting Company request to process their map by parcel map procedures
instead of subdivision sprocedures. The letter was referred to the Public
Works Department. They are wanting to sell a parcel of land to Mathews
Ready P4i.x. He asked that the Board approve the street alignment and
width in order for them to proceed as a parcel map.
On motion of Supervisor Wheeler, seconded b.y Supervisor Saraceni
and carried, the street alignment and width was approved; and Baldwin
Contracting Company was allowed to proceed as a parcel map rather than
a subdivision for AP 40-02-133.
2005 ADDITIONAL MATTER PRESENTED BY PUBLIC WORKS DIRECTOR
Clay Castleberry, public works director, advised that the
Beautification and Clean Up Committee had authorized him to approve
eight contracts with non-profit organizations.
2006
2007
ADOPT RESOLUTION 81-142 SETTING PUBLIC HEARING DATE FOR RICHARD POLENS
ABANDONMENT OF PUBLIC UTILITIES EASEMENT, PARADISE PINES UNIT N0. 3, LOT_160
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, Resolution 81-142 setting a public hearing date of August 4,
1981 at 10:00 a.m. fox consideration of Richard Polens abandonment of public
utilities easement, Paradise Pines Unit No. 3, Lot 160 was adopted and the
Chairman authorized to sign.
PUBLIC HEARIIQG DATE SET
The following public hearing dates were set:
1. A public hearing date of July 21, 1981 at 10:.15 a.m. was set
'for consideration of Butte County Planning Commission amendment to Chapter 24,
Section 24-99 of-the Butte County Code to allow a sales tract office in the
~"A-SR" (agricultural - suburban residential zone with a use permit.
Page 489.
June 30, 1981
June 30, 1981
g1M 2. A public hearing date of July 21, 1981 at 10:30 a.m. was set
~ for consideration~of Butte County Board of Supervisors amendment to Butte
County Code, Chapter 24, to allow mobile-home living in the "R-N" (residential-
. nonconforming)-zones, specifically to amend Section 24-149 A.
.2008 CONSIDERATION OF WATVING FIRST READING OF ORDINANCE ADDING SECTIONS 26-8,
34-1, 34-2, 34-3 & 34-12 TO THE BUTTE COUNTY CODE RELATIVE TO AGRICULTURAT.
NUISANCES - CONTINUED TO JULY 14, 1981
Consideration of waiving the first reading of the ordinance
adding Sections 26-8, 34-1, 34-2, 34-3 and 34-12 to the Butte County Code
relative to agricultural nuisances was continued to July 14, 1981.
2009 APPOINTMENT TO THE ASSESSMENT APPEALS BOARD
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the following people were appointed to the Assessment Appeals
Board:
Richard Vermillion - one year term
Paul Horton - three year term
2010 CONSIDERATION OF-MERIT INCREASE FOR VETERANS' SERVICE OFFICER HELD OVER
FOR THE FULL BOARD TO CONSIDER
Consideration of the merit increase for the Veterans' Service
Officer was held over until the full Board is present.
2011 CONSIDERATION OF PROPOSAL TO AUTHORIZE THE ISSUANCE OF REQUESTS FOR INFORMATION
(RFI) RELATIVE TO DATA PROCESSING SERVICES - CONTINUED TO JUI,Y_~14, 1981
Consideration of the proposal to authorize the issuance of requests
for information (RFI) relative to data processing services was continued to
July 14, 1981.
',2012 COMMUNICATIONS
Ringel and Associates, Inc., Chico. The engineers, on behalf of Dan Hays,
Sr., write appealing the requirement for an environmental impact
report on a General Plan change to an industrial designation and
rezone to "M-1" (light industrial), AP 40-13-22, 23 and 24, for
property located at the intersection of Pentz Road and Highway 99,
south of Chico. Set for hearing. July 21, 1981 at 10:45 a.m.
Robert M. Huskey, civil engineer. The engineer, on behalf of Mel Mulleary,
appeals the conditional negative declaration and Advisory Agency's
denial of tentative parcel map, AP 27-24-14, four.•lots, property
located on the west side of Grier Avenue, east of Reservoir Road,
Palermo. Set for hearing July 21, 1981 at 11:15 a.m.
Jack S. and Nancy A. Dooly, Chico. Mr. and Mrs. Dooly write concerning the
"green line" in Chico and suggest that consideration be given to
agricultural productivity in the determination of the "green
line." Referred to Planning Department.
Phoebe Martone, Forest Ranch. Ms. Martone writes forwarding information
concerning the method of disposing of used and outdated library
books. Referred to Administrative Office to answer advising
that there is anew program where the books wild be auctioned
off. A carbon copy of the letter to be sent to Chico News and
Review.
Law Offices of Crosby, Heafey, Roach &"May. The attorneys, on behalf of
WesternPacific Railroad Company, Sacramento Northern Railway and
Tidewater Southern Railway-Company, submit a claim for refund of
1980 taxes in the amount of $35,065.62. See motion following
communications. Page 490.
June 30, 1981
81-~
_ _ - - - -June 30,, 1981_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
City of Chico. The city writes forwarding its,.resolution opposing. the use
of phenoxq herbicides within the Lassen National-Forest. Referred
to Supervisor Wheeer, Counsel and Agricultural.Commissioner far
a report back to. the Board.
City of Oroville. The city forwards copies of comments received'on the
draft environmental impact report for the Oroville Redevelopment
Agency project and the mitigation measures which.the agency has
agreed to. Information; no action taken.
Butte County Employee's Association. The association writes requesting that
the incumbent in the senior veterans' service representative position
be removed and that position be filled using the eligiblity list.
To be considered later in the meeting.
Department of Water Resources. The department forwards information relating
to water master service costs within the Butte Creek water master
service area. Referred to the Auditor.
REJECT CLAIM OF WESTERN PACIFIC RAILROAD COMPANY, SACRAMENTO NORTHERN RAILWAY
AND TIDEWATER SOUTHERN RAILWAY COMPANY
Dan Blackstock, county counsel, reported on the claim for refund
of 1980 taxes by the Western Pacific Railroad Company, Sacramento Northern
Railway and Tidewater Southern Railway Company at this time. This is a
unitary tax which is set by the State Board of Equalization. The State
Board of Equalization, around 1978, came up with a means of assessing
railroads that the railroads have been contesting .ever since. There have
been a number of lawsuits on this matter. He has been in discussion with
the Auditor relative to impounding of $35,000 for Western Pacific. Southern
Pacific is in excess of twice that amount. Sooner or later there will be
a large amount of money involved in these suits. County Counsel`s Association
have recommended a lead counsel to handled these suits. Sacramento County
and Santa Clara Countyc.had suits. There are 40 or 50 counties involved
and 200 cities that are parties to this action. The first case in 1977-78
was muffed by the railroad in the presentation to the State Board of
Equalization, The appeal for the tax decision from the $t-ate Board of
Equalization is the same procedure as with the county Assessment Appeals
Board.The railroad woke up to the fact they did not have a good record
before the State Board of Equalization. This is an interesting constitutional
question. The argument is relative to how much of the valuation of a
railroad is really outside the State of California and how much is inside
the state. He suggested-that the county start thinking about impounding
the funds. The funds go to the county as well as special districts. This
type of case will probably go to the U.S. Supreme Court. This could take
a number of years and if the railroads are successful the county could have
to pay a considerable amount of funds back to them. He would suggest
to the Auditor that he bring impounding to the Board at the next meeting.
2013
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, the claim of Western Pacific Railroad Company, Sacramento
Northern Railway and Tidewater Southern Railway Company for refund of 1980
taxes in the amount of $35,065.62 was rejected and referred to County
Counsel
ADDITIONAL MATTER PRESENTED BY COUNTY COUNSEL
Dan Blackstock, county counsel, advised the Board that Friday
he had received the decision in the Folsom vs BCAG that was appealed by
the Board. The District Court of Appeal reversed the Superior Court's
decision in favor of the Board. He will be sending copies to the Board.
2014
Page 491.
June 30, 1981
81=
'b
2015
_ _Ju_ne30, 1981 _ __ _ _ ____ ___
• _ _ _ _ - - _ _ ~ ~ W _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ° - ~ - - - - -
Supervisor Wheeler stated that the organization was fighting for
.he issue to provide transportation for the citizens of the county and then
_urned around and sued for fees-when that same organization is being paid
~y tax funds. The fees were enough to but another-bus.
&ECESS: 9:40 a.m.
&E CONVENE: 10.:06 a.m.
ADOPT RESOLUTIONS 81-143, 81-144 & 81-145: PUBLIC HEARINGS: HELEN MC MANArLCN,
JAMES YETTER, AND .HERBERT GUENTHER ABANDONMENT OF PUBLIC UTILITIES AND
RECREATTONAL EASEMENTS, PARADISE PINES AREA
The following public hearings were held as advertised:
1. Helen McManamin abandonment of public utilities and recreational
easement, Paradise Pines, Unit 11, Lot 89.
2. James Yetter abandonment of public utilities easement, Paradise
Pines No. 5, Lots 135, 136 and 140.
3. Herbert Guenther abandonment of public utilities easement and
recreational easement, Paradise Pines Unit 12, Lot 34.
Hearings open to the public. Appearing: No one.
Hearings closed to the public and confined to the Board.
2016
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, the following abandonments were approved; the. following
resolutions were adopted and the Chairman authorized to sign:
1. Resolution 81-143 abandoning public utilities and recreational
easement, Paradise Pines, Unit 11, Lot 89 for-Helen McManamin.
2. Resolution 81-144 abandoning public utilities easement, Paradise
Pines No. 5, Lots 135, 336 and .140 for James Yetter.
3. Resolution 81-145 abandoning public utilities and recreational
easement, Paradise Pines Unit 12, Lot 34 for Herbert Guenther.
ACCEPT RESIGNATION OF CHRIS BALDWIN FROM BUTTE COUNTY HOUSING ELEMENT TASK
FORCE: ADMINISTRATIVE OFFICE TO POST VACANCY AND SEND LETTER OF APPRECIATT
Chairman Moseley advised she had received a letter from Chris
Baldwin resigning from the Butte County Housing Element Task Force. She
asked that a letter of appreciation be sent to Mr. Baldwin.
Administrative Office to post vacancy.
2017
2018
APPROVE PESTICIDE USE ENFORCEMENT AGREEMEiV'1'
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, the agreement with the State Department of Food and Agriculture
for the purpose of enforcing and implementing pesticide permit regulations
established by the State Administrative Code as amended in the amount of
$32,575 which covers a cost of living increase and one full year of operation
under regulations adopted under 3765 was. approved and the Chairman authorized
to sign.
DISCUSSION Of' BUDGET HEARINGS PROCEDURE
Clif Nickelson, administrative officer, stated his office has
been holding meetings with the Auditor's Office xelative to the budget
hearings. They are trying to get their thoughts and ideas to get the
budget funded for this coming year with the funding available. He found
Page 492.
June 30, 1981
81-'
June 30., 1981 _ _
this-was a distressing experience in that~many of the ideas if implemented
will get the county through. the budget period tfiis summer.. It will set the
stage for a total disaster the following .year. Some of the things-he has
been discussing with the Auditor, the Auditor disagrees .with, is reducing
the reserve by $1 million, not putting any money into the insurance
reserves and postponing of capital equipment acquisition.
One of the items that was discussed, which he did not feel the
Board could complete for this year, is that there be some sort of procedure
set up for study and analysis and total reoganization of county government.
This would be just like forming an entirely new county. By law there are
five Board members and what are they going to do and what are the benefits.
There are certain constitutional officers that would have to be retained.
What will these officers do. This study would be to go through each one
of the operations and. functions and find out what the operation has to do
and what is desirable and nice to do. Take a look at the Health Department,
for example, and see what they have to do and what are some of the things
the people want. The county has to have a free library. How many libraries
does the county need, what are the hours for the libraries. Does the Board
want an Administrative Office. What is the Administrative Office going to
do. This procedure would take a long time to follow. It appears that in
order to get through this year something will have to be done for next
year. For example, Air Pollution Control could go back to the state instead
of being within the county operation. He will see if they can-get their
act together with the Auditor and make a proposal to the Board on how to get
through the next 30 days and next year. It will be a challenge. Otherwise,
the $5 million shortfall this year will be $10 million next year unless the
state reorganizes all local government.
.2019 ADOPT ORDINANCE 2230: PUBLIC HEARING: HEART FEDERAL SAVINGS AND LOAN ASSOC.
DRAFT EIR 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 PROPERTY LOCATED ON THE SOUTHEAST CORNER OF OLIVE HIGHWAY
(STATE HIGHWAY 162) AND APICA WAY, IDENTIFIED AS AP 34-50-23, 39 & 40,
-EAST OF OROVILLE
The public hearing on Heart Federal Savings and Loan Association
draft environmental impact report and rezone from "A-R" (agricultural-
' residential) and " 0-1" (light commercial) to "PA-C" (planned area-cluster)
to allow a 317 unit residential development on property 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 was held as
advertised.
Bettye Blair, planning director, set out the background of the
rezone. This is a~C'ecommendation coming forward from the Planning Commission
to rezone an area into "PA-C" for. residential use. Since this is a "PA-C"
zoning, it is subject to the conditions of the Planning Commission.
Earl Nelson, environmental review director, set out the background
of the EIR. This was a relatively large project. The impacts that would
result are covered in the summary and listed on Page 47 of the EIR. He
recommended that the Board make the finding that the project would not be
expected to result in significant impacts because-the mitigations measures
axe conditions of approval.
Hearing open to the public. Appearing:
1. Michael Glaze, Cook and Associates. Mr. Glaze stated he was
representing the apphicant. This project was unanimously approved by the
Planning. Commission. He felt it would be one that will be an example for
other developments in the east Oroville area to follow. He thought that
Page 493.
,7une 30, 1981
June B0, 1981
81~ by having open space, land scaping, security and a combination of single
1t family and multifami,ly.residenees and larger acreage parcels this would be
a pleasant use of tfie area.
Mr. Glaze introduced Raymond Welch., vice president of Heart 'Federal
Savings and Loan Association and project director.
Hearing closed to the public-and confined to the Board.
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, certifing the EIR as having been completed in-compliance with
the California Environmental Quality Act, the State Environmental Review
Guildelines, and the Butte County Environmental Review Guidelines; finding
that development which occurs pursuant to project approval is not expected
to result in significant effects on the environment because of mitigation
measures included within the conditions of project approval; finding the
rezone to be consistent with all elements of the Butte County General
Plan; the 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 property 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 for Heart Federal Savings and Loan Association was
approved subject to the following conditions; Ordinance 2230 was adopted
and the Chairman authorized to sign:
1. Provide gate access to public services and protection agencies
and public utilities.
2. Limit construction activities to daylight hours.
3. Install electric transformers on pad mountings.
4. Submit road and drainage plans to the Department of Public Works for
approval and install the required facilities, utilizing standard
construction practices to minimize erosian and other construction
impacts. {DPW)
5. Provide 20 ft. radius property line returns at all street intersections.
(DPW)
6. Indicate a 50 ft. building setback line from the centerline of Apica
Ave. and a 20 ft. building setback line from the edge of interior
streets. (DPW)
7. Street signs shall be provided by the developer at all street
intersections per County requirements. (Submit 5 alternate street
names for .each street to the County address coordinator for approval
of street names.) (DPW & BCFD}
8. Construct full street section on Apica. Ave.. to RS•-3-B geometric standard.
Minimum structural section to be 2" AC and. 8" AB SC 250 prime, fog seal
and 95% relative compaction. Submit design to County Department of
Public .Works for approval. °R" value determination and other data may
be required to support section design. (DPW)
9. Provide monumentation as required by the Department of Public Works
in accordance with accepted standards. {DPW) .
10. Street grades and other features shall comply with the Butte County
Ordinances, design resolution and other accepted engineering.
standards. (DPW)
Page 494.
June 30, 1981
8l
June30z1981___ ~_____________~_
11. Provide permanent solution for drainage as per Wyman Ravine Drainage
Study. Form ,Drainage Maintenance District for Honcut Creek Basin.
Auy requirements for replacement of downstream structures shall be
determined by hydraulic design calculations. (DPW)
12. All easements of record to be shows on the final map. (DPW)
13. Meet requirements of Butte County Fire Department or other responsible
agency.
14. Street lighting shall be provided in accordance-with Butte County
requirements, accepted design criteria, and recommendations from
PG&E (DPW)
15. Submit site development plan to Department of Public Works for approval
and construct or install required facilities. (DPW)
16. Provide circulation. Place County approved. signs "End of County Maintained
Road" where private roads meet public roads. (APW)
17. Obtain state encroachment permit and construct left turn lane at
Apica Avenue and Highway 162. (DPW)
18. Provide 1 ft, no access strip along Highway 162 frontage. (DPW)
19. Meet the requirements of the utility companies i. e. PG&E, Pacific
Telephone, water, sewer. (DPW)
20. Pay off assessments. (DPW)
21. Pay any delinquent taxes. (DPW)
22. File a tentative and final subdivision map and pay appropriate fees.
(DPW).
23. Developer shall provide all required traffic safety signs including
stop signs. .(DPW)
24. Developer shall contribute $60,000 to the County of Butte for future
installation of traffic signals at the intersection of Apica Avenue
and Highway 162. An irrevocable letter of credit or similar instrument
will be acceptable. (DPW)
25. Public Works recommends that the thickness of aggregate base shown on
typical sections on Tentative Map be increased from 6" to 8". (DPW)
26. Provide treated domestic water from-the Oroville Wyandotte Irrigation
District. (ENV. HEALTH)
27. Provide sewer service from the North Burbank Public Utilities District.
(ENV. HEALTH)
28. Notification: Notify the Fire Department when construction commences
and is completed. The Fire Department will approve all fire safety
requirements. (BFCD)
29. Vegetation Disposal: Dispose of all land clearing and construction
debris in a safe and legal manner. Obtain a burning permit prior to
disposal by burning. Piles for burning and obtaining the permit will
fulfill the disposal requirement; actual burning may be delayed to
take advantage of safe burning weatherSuch delays will not bar the
final map filing. (BCFD) Page 495.
June 30., 1981
81-
June 3Q, 1281
30. Fire Breaks and Fuel Breaks; Provide a.ten(.(10). foot wide fire break
and a fuel break 1QA-feet wide or to ahe property .line, whichever is
less, along the north and east boundaries between the natural open
sgace and the structures. The fire break will be a path ten feet
wide maintained to mineral soil annually. The fire break may be used
as a hiking/riding trail, maintenance road, etc., and need not be
perfectly. straight. The fuel break will be an area 100 feet wide,
with the fire break as an upper boundary, in which trees are pruned
or dead material, large trees are pruned up eight (8) feet and all
brush removed. This will leave a strip of light vegetation fuel
between the wild, heavy vegetation buildup and the structures. {BCFD)
2020
31. Emergency access: Require a 20 ft. emergency access tied into
Sunrise Knolls to the south to provide emergency access for fire
apparatus and people living in both projects. (BCFD)
32. Water Supply: To meet conditions of Section 13.0.1 of Improvement
Standards requiring installation of fire hydrants as follows:
Sixteen (16) 1,000 gallon per minute hydrants at 500 foot hydrant
to hydrant spacing,as determined by the Fire Department within the
single family dwelling area. Fourteen (14) 2,000 gallon per minute
hydrants at 300 feet hydrant to hydrant spacing, as determined by
the Fire Department within the townhouse/condominium and clubhouse area.
(BCFD) (Development plan currently proposes these conditions.)
33. Any street lighting to be directed to prevent glare onto adjacent
properties. (Planning)
34. Construct a 6 ft. high solid wood or chain link fence around the
perimeter of the project. (Planning)
35. The ponds in the landscaped areas will have grouted bottoms. Water
in the ponds shall be kept circulating at all times.
36. Applicant must also comply with all local, state and federal statutes,
ordinances and regulations.
RECESS: 10:22 a. m.
RECONVENE: 10:32 a.m.
PUBLIC HEARING: DANIEL L. MC WILLIAMS - PROPOSED NEGATIVE DECLARATION AND
DENIED USE PERN2T TO ALLOW A SECOND SINGLE FAPIILY DWELLING ON PROPERTY'
.ZONED "TM-5" (TTMBER MOUNTAIN - 5 ACRE PARCELS), LOCATED ON THE SOUTH SIDE
OF WHISPERING PINES ROAD, APPROX. 1/4 MILE EAST OF COHASET ROAD, COHASSET
AREA, IDENTIFIED AS AP 56-12-65
The public hearing on Daniel L. McT~lilliams proposed negative
declaration and denied use permit to allow a second single family dwelling
on property zoned "TM-5" (timber mountain _ 5 acre parcels), located on the
south side of Whispering Pines Road, approximately 1/4 mile east of Cohasset
Road, Cohasset area, identified as AP 56-12-65 was held as continued.
Bettye Blair, planning director, set out the background of the
appeal. This was continued at the request of the applicant's attorney.
Hearing open to the public. Appearing:.
1. Carl Leverenz, representing the applicant. Mr. Leverenz stated
he became involved wifh this matter after the denial by the Planning
Commission. The applicants have been residents of Butte County since 1953.
They purchased the property about 1971 and moved on the property in 1972.
Mr. McWilliams had his leg amputated in 1974.. Earlier this year his son,
Page 49.6.
June 30, 1981
June 30., 181
81~ Dan, started to build a barn, which was in the process of being converted
~ to a house. He was told he had to have a.use permit for a home.. They
filed for a use permit. After submitting some plans on Aril 7, the staff
made findings-and recommendations. They recommended fohe use permit.
Mr. McWilliams thought that took care of'the problem. The reason given
for the denial by the Planning Commission was concern about a Cohasset
Council. It is vague as to the'nature of that body. Mr. McWilliams
was not aware it would have been political' expedient to urge his friends
and neighbors to show up and support the use permit. As a matter of planning
and the merits of the project there is no doubt that the use permit should
be approved. Mr. Leverenz felt it was laudible for people to be involved
in the planning of a community. If there is anything that people can count
on in planning is a certain degree of certainity. This is the type of
use that is going on with the full knowledge of the council. Tt is
unfortunate that an ad hoc group has somehow supplanted the planning process.
He felt the staff report was very clear cut and there was a split vote
on the Planning Commission level. He did not have the benefit of their
thoughts. He encourgaed the Board to grant the appeal and use permit as
requested.
Supervisor Saraceni asked Mr. Leverenz if he had seen the
suggestian~hat there be an Aunt Minnie placed on the property.
Mr. Leverenz stated that staff suggested this was not really
a workable solution. The problem is that the house being proposed would be
the permanent residence. It would not fit the Aunt Minnie situation. Certainly
the circumstances for an Aunt Minnie are present. The use permit would
serve the same purpose.
Supervisor Wheeler stated the property could be rented if the
son were to move. The staff indicated in a letter from Public Works that
a use permit or Aunt Minnie should be used. That did not disallow what
the applicant is wanting.
Mr. Leverenz stated that the problem would be that Mr. McWilliams
would have to move his home.
Supervisor Wheeler felt they could come back and make application
at that time for a use permit.
Mr. Leverenz stated that Mr. McWilliams relied on the advise
of staff when he made the application. He would defer to the staff
analysis and they determined this was a better way from a planning
function. He felt the problem was in requiring Mr. McWilliams at at some
time down the line if in fact the son leaves to again apply and go through
the process. This is a one time shot. It would be different if this
is the only type of use permit for this type of use in the area, but
it is not.
Supervisor Wheeler stated it was only allowed to happen one
other time. Wouldn't you think the circumstances would fit the intent of
the Aunt Minnie. All the other people that get applications for Aunt`s
Ninnies shouldn;4t they be allowed the same rights. This structure was
started illegally. The county is either saying apply for a use permit
or an Aunt Minnie. She would think an Aunt Minnie would be more bgical
way to proceed and allow some measure of control by the regulations that
allow all the others to adhere to.
Mr. Leverenz thought what Supervisor Wheeler had said was
certainly valid. They started construction in converting the barn to
a home and were caught up in the zone. They tried to comply with
Page G97.
June 30, 1981
June 30, 1981
81- the regulations. They put together a plan and-were told they were doing
~ what they were suppose to do. -They have a situation that if they went
to the Aunt Minnie process the fact remains that they would still have to
apply for a use permit if there were some change.' If the use permit were
granted, all building codes would apply and a~;1 planning conditions would
apply. Staff sets forth certain conditions. Tt is no different than
if the property were split, which it could not be. The county would still
retain control. The only difference is Ghat some time in the future the
property could be rented. H2 was aware of at least £our other properties
in this area where in fact they went through: use permits. Illegally there
are at least two permits for homes ar mobile homes on several other
properties within the immediate vicinity. This is not a question of
being unique.
Supervisor Wheeler was concerned with the fact this is a non-
conforming use already in that it is 4.3 acres in a TM-5 zone. She felt
the zone speaks to what is allowable. She felt the county would have
;much greater control under the Aunt Minnie than under the use permit procedure.
The applicants would have to apply year after year for allowing the Aunt
Minnie to continue. This is done through the Health Department. That being
such a fragile area as tar as sewage disposal and water concerned, by allowing
an Aunt Minnie there would be the control.. to protection the environment and
the people in the area including the McWilliams. Maybe in the near future
there will be a water system and disposal system implemented for those areas.
She felt they needed to place a great deal of emphasis on what is and what
is not allowed.
Mr. Lieverenz felt the problem he could see with the process through
the Aunt Minne was there would be a review every year. That is a cost to
Mr. McWilliams. Even though the Board at the present time is sympathetic,
as time. proceeds, what guarantee do they have that if there is a change,
they will not have to uproot the mobile home because the Aunt Minnie will
be denied and the use permit will not be granted especially when it is
a permissible use in the zone.
Supervisor Wheeler stated it was not really because the zone
speaks to the use permit. She read the uses allowed under the TM zone.
It does not allow for another single family dwelling.
Del Siemsen, deputy county counsel, advised that the TM series
has been considered to allow another single family dwelling.
Mr. Leverenz stated that was-the information that was given to
Mr. McWilliams when he applied. There will be some people talking about
the use permits obtained with the kxtowledge of the council.
Supervisor Wheeler stated that prior to the change in the zone
that area was "A-2" zoning. The change was in 1974.
2. Nancy Miller. Ms. Miller stated she was presently living
under a use permit that was granted two years ago. She was in support
of the use permit for Mr. McWilliams.
3. Aaisy Hamilton. Ms. Hamilton saw no reason why the iise
permit should not be granted. There are a great many people in Cohasset
that have two or three residences on one parcel. She'and her husband
had no objections to the use permit. It would be no greater effect on the
community under the Aunt Minnie than with the use permit.
4. Tom Cavanaugh. Mr. Cavanaugh stated he lived on the same
road. He had no objections to the use permit. There is no impact with
page 498..
June 30, 1981
June 30, 1981
81:-
the septic tank or water supply. The homes are not that clpse. There would
be no problem with-the use permit.
5. Daniel L. McWilliams: Mr. T~icWilliams stated that fie had
built the house. It started out. as a barn. His parents weeded help
and they decided to live in the barn and convert it.
6. .Howard Greenwood. Mr. Greenwood stated he was granted a
use germit on two acres for his daughter-in-law to move a mobile home on
two acres of property.
Mr. Leverenz-asked the'senior Mr.'McWilliams to stand up. He
would be willing to answer any questions from the Board.
7. Charles E. White, Cohasset Community Association. Mr. White
stated that the property is south of Whispering Pines and east of Cohasset
Road. This area was originally the property purchased in 20 or 30 acre parcels
by Don Sorenson. It did pre-exist the zoning. What does not show is that
Maple Creek drain runs through this property. The concern at the time
of zoning was because of the drainage that it was made five acre parcels
instead of twa acre parcels. The one parcel to the right of that between
it and the "TM-20"-was originally owned by the applicant and he is the son.
They mentioned there were multi--dwellings on one parcel in the area. The
association does not go out of their way to find problems. They are
concerned about zoning and any violation that will permit establishment
of a precedent. It is true that Mr. Greenwood came to the association and
in all honesty it was his understanding that Mr. Greenwood was asking
for a second mobile home on a two acre parcel and it was for an Aunt
Minnie. If it is a use permit, this is a situation where the association
members did agprove it recommending it on the basis of a second mobile
home on the property as an Aunt Minnie. It was the associations recommendation
that the McWilliams apply for an Aunt Minnie instead of a use permit.
It was his understanding that the building was completed. What they are
looking at from their point of view is someone who goes in and builds a
home without benefit of permits and gets caught by county government and then
has to backtrack to a use permit to obtain permits to functions as a house
within the codes. He felt that if this was approved the Board would be
possibly looking at establishing an extremely dangerous precedent.
He asked that the application be denied.
8. Carl Leverenz. Mr. Leverenz stated that the drainage that
Mr. White is talking about has been fully covered by the Building Department.
They are losing site of the certainty of the planning concept. As a matter
of policy they certainly do not want a situation where people are building
units and are not having them approved. The McWilliams hardly qualify
as developers. He felt that the Board would have .to consider each case
on its merits for the TM-5 with a permit in a use that is being applied for.
It would be different if they were asking for a rezone or lot split.
He referred to the staff analysis in the fact that they went over all the
items. The hardship fox continuing the Aunt Minnie review and the possiblity
that if some other group of supervisors deny, it would then require a use
permit or require moving of the mobile home. The dwelling is not complete.
9. Mr. Black. Mr. Black stated he seemed to be suffering the
most from the building. ,He bought the property with the understanding it
was "TM--S" zoning. :He is a neighbor of Mr. McWilliams. Mr. McWilliams
built the barn last year and asked him to move on the other side of the
hill because he did not. want the building people to catch him building.
He could not understand how an individual could break a law and not get
their hands slapped. When he bought the property there was a sign on the
road that denied him the use of the road because it said it was private property.
Fage 499.
June 30, 1981
June 30, 1481.
81- He did not use the road because he .figured Mr. McWilliams would get after
b him if he used the road. Later he found that the property was his. They
denied him the use of .the-land and the property. Mr. McWilliams has a home
about 20.0 ,feet above his hime. The sewer system andwelh will interfer
with. his. He made two complaints to the building inspectors because
Mr. McWilliams was apparently using open sewer and he -made a complaint
to the Health Department and the smell disappeared. He could not understand
why a person building a house without permits could get away with it and
why a person obeying the law is deried the use of"the road and his
contractors were denied the use of the road.
10. Dan McWilliams. Mr. McWilliams 'stated that Mr. Black turned: him
in for the septic tank. The Health Department came out and sa;d they could
not see any problem. The Health Department said- that where the septic
tank was going to go was fine. The contractors for Mr. Black drove around
Mr. McWilliams home looking for electricity. They were told to leave
their property. The road was blocked off. He told Mr. Black he could
use the road whenever he wanted to use it.
ll. Jean Herseth. Ms. Herseth stated she remembered when Mr.
cWilliams decided to stay and live by his father. He had originally
carted the building as a barn. Because of the circumstances he stayed
ith his father.
Hearing closed to the public and confined to the Board.
Supervisor Wheeler understood their plight. She felt this was
matter of doing something illegal and. getting caught and now coming in
d asking for the county to rectify a difficult situation as far as she
s concerned it would be much more acceptable to have an application for
Aunt Minnie. The building has taken place illegally and if the Board
u1d condone this then as far~as d1e was concerned the Board would be condoning
e illegal process. She felt they were in direct conflict with the
tegrity of the process of the county. She felt it was unfair to all of
~e other applicants who have applied for an Aunt Minnie, which seems to her
~e most appropriate situation for this problem.
It was moved by Supervisor Wheeler that the application be
and sent back to the Planning Department for Mr. McWilliams to
for an Aunt Minnie.
Motion dies for lack of a second.
Supervisor Saraceni felt there were many circumstances involved.
He felt this was an unusual situation. This affects many people, it
has to do with property rights. He was not sure why all the changes in
the building took place. There is a health problem in the family. He
did not feel this would be setting a precedent if the Board were to approve
the use permit.
~~
Supervisor Wheeler stated that in reading the findings the
Board would have to make to issue the use permit, she would find it difficult
to support the findings to allow the use permit.
Chairman Moseley felt that Mr. McWilliams had a right to ask
for the use permit. She had problems with accusing people of deliberately
breaking the Iaw. She had no problems with approving the use permit.
She did not feel it would be precedent setting.
Supervisor Wheeler asked what about the other people who had
for an Aunt Minnie2
Page 500.
June 30, 1481
8]:-
b
June 30,.1981
Chairman Miiseley felt-that if those people wanted a use permit
and had applied she would be willing to consider them.
Supervisor Wheeler stated that her husband-and her built a house
without permits in the Feather Falls area. They caught up with them and
wanted a permit for the mobile home and-they were fined. Over the years
she realized they Have to allow for unfortunate situations. She felt that
if one were to have the benefits then the others should also.
It was moved by Supervisor Saraceni, seconded by Supervisor Moseley
that due to the fact of the circumstances that in fact the property does
meet the criteria of inspection of the spetic tank and water; finding
that the proposed uses of the property will not impair the integrity and
character of the zone in which the land lies and that the use would not be
unreasonably incompatible with, or injurious to, surrounding properties or
detrimental to the health and general welfare of the persons residing or
working in the neighborhood or to the general health, welfare and safety
of the county; that the use permit be granted subject to the following
conditions; that the requirements of CEQA have been met:
1. Install a septic tank and leach lines under permit and inspection of
the Butte County Depart. of Public Health.
2. Owner is advised that due to limited soil, land slope, and topographical
features the parcel would not meet Subdivision Ordinance Regulations for
any future land division.
3. Applicant must also comply with all other applicable State and local
statutes, ordinances and regulations_
Vote on motion:
AYES: Supervisors Saraceni and Chairman Moseley
NOES: Supervisor Wheeler
ABSENT: Supervisors Dolan and Lemke
Motion fails.
Mr. Leverenz stipulated with the county that Supervisors Dolan
and Lemke could listen to the tapes and participate as if they had been
present. He also stipulated that if Supervisor Lemke was able to come
back before August 4, 1981 he agreed that the matter could be voted on
before the date of the continued hearing.
The hearing was continued to August 4, 1981.
za21
2022
APPEARANCE: GEORGE SWENDEMAN
Mr. Swendeman stated he was representing the retired public
employees. They would like to know if there was five percent added to
the budget for the pensions of the retirees.
Mr. Swendeman was advised he should write a letter to the
Board requesting that this be put in the budget. The budget hearing
will lie on July 9, 1981 at 9:00 a. m.
APPEARANCE• RON WARD~AND-CHUCK ALDRIN RE: CONSTRUCTION OF THE LIBRARY
Ron Wards stated that he and Chuck Aldrin were with the North
Valley Center of Technology. He would be speaking about the library in
Chico and Gridley. There were concerns about the shell-for the library.
They are concerned with the energy conservation designed into the building.
They were concerned with things in ;the plans and alternate energy problems.
Page 501.
June 30, 1981
June 3Q, 1481
81~ He was concerned with: three things .in the plans: l~ single glazing on
3 the windows. There are about 761 square feet of window that is single
glaze. There is minimum overhang.- on the southeast side of the building.
In the design the window offset is about three fleet into a shadow box that
would be direct southern summer exposure to the sun. 2.~ The design
calls for full circulation of the hot water heating system. This would
require a circulation pump and continuous circulation of hot water through
the building. -That kind of system is not required or needed in a library
with a minimum amount of hot water being used. 31 Dummy skylights.
He would suggest that 18 inches to 24 inches against the roof be-used
for windows. There is no solar in the building. There are many things
that could have been done to better design the building to house the
library project. They have checked with PG&E who had input and they are
also concerned. They are concerned that energy conservation is not utilized
in the building. They are available at any time to offer help with the
public buildings. 'The Office of Appropriate Technology is a free service
to the public buildings. The county should look at the energy situation
with a committee to sit down and identify some kind of things that could
be done to beter conserve energy in the building and consider modifications
that might be made without having to make changes in the major building design.
Gerald Lively, deputy administrative officer, stated that they
did meet with three representatives from PG&E and discussed all the
problems except the roof overhang. When the meeting was concluded the
county was assured by those people that they were satisfied with the
energy situation and the only change would be for candescent lights that
would result in savings. There are thereto panes in the building. They
plan to put on a film over the exterior panes until the land scaping
can catch ug with the building. The windows turned to the outside had
to do with design for capacity of the books. There are two places
that are across a multi-purpose system that tahe hot water heater runs to.
PG&E agreed this system was efficient. The use for the hot water heater
will not be very much.
Supervisor Wheeler suggested that NIr. Ward turn in his concern
so that Supervisor Dolan and herself can consider them. They will sit down
with staff and the center to discuss the matter. They will come back with
a report to the Board on the concerns that have been raised.
Chuck Aldrin stated that he taught solar energy at Butte College.
They are not against libraries. Each year government is asking people
to conserve on energy and the county is going to build a monster as far as
energy is concerned. There is no type of solar or alternate energy. It is
strictly a consumer. This will be an educational facility and should be
teaching energy conservation.
2023 ADOPT RESOLUTIONS 81--146, 81-147, 81-148, 81-149, 81-150, 81-151, 81-152 &
81-153: WOODRIDGE RANCH ESTATES ASSESSMENT DISTRICT
Bob Brunsell, bond counsel, set out the background of the Woodridge
Ranch Estates Assessment District.
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the following action was taken:
1. Authorized filing of petition.
2. Authorized filing of certificate of title.
3. Authorized filing of certificate of value of appraiser.
4. Authorized filing of certificate re petition.
Page 502.
June 30, 1981
81~
3
June 30, 19.81
5. Adapted Resolution 81-146 accep.Cing.petition.
6. Authorized filing of boundary map.
7. Adopted Resolution 81-147 approving .boundary map.
8. Adopted Resolution 81-148 approving agreement for engineering
services with GW'Consulting Engineers.
9. Adopted Resolution 81-149 approving agreement for legal services
with Sturgis, Ness, Brunsell and Sperry.
10. Adopted Resolution 81-150 setting time and place of hearing
for determining public convenience and necessity to be held on Tuesday,
August 4, 1981 at 11:15 a.m.
11. Adopted Resolution 81-151 of intention
12. Authorized filing of engineer's report.
13. Adopted Resolution 81-152 accepting report and setting hearing
of protests for August 4, 1981 at 11:15 a.m.
14. Adopted Resolution 81-153 calling for construction bids, with
to be received on July 16, 1981 at 11:00 a.m.
15. Authorized filing of notice of improvement.
16. Authorized filing of notice to contractors.
RECESS: 11:47 a. m.
RECONVENE: 1:07 p. m.
SUPERVISOR BOLAN PRESENT AT THIS TIME
2024 DISCUSSION OF MEMORIAL HALL RULES AND REGULATIONS WITH REPRESENTATIVES OF
PARADISE MEMORTAL HALL
Discussion of Memorial Hall Rules and Regulations with representatives
of Paradise Memorial Hall held at this time.
Ray Griffin, chairman of the Paradise Memorial Ha11 Committee,
spoke regarding the letter that had been sent to the Board. He thanked
the Board for their action about the parking situation at the Memorial
Hall. The Paradise Police Department has been very helpful. With
regard to the Memorial Hall Committee, it has been their practice over
the years to call upon each veterans organization to furnish two delegates
to serve on the committee. It was optional as to whether they were _elected
or appointed by the commanders. The delegates while representing the
organization are not required to report back to their own organization.
regarding the meetings. In order for the custodian secretary of the
Hall to have positive information on the names and addresses of the
appointees, they will be submitted through the committee prior to being
submitted to the Board. The term will be for four years. This is in
the rules of October 11, 1977 as amended. In the event of an absence
the delegates place can be taken by'the alternate who will have the
same rights as the delegate-for that meeting provided the secretary is
notified at least two days in advance. The parking limit at the hall is
increased from four to eight hour parking during the time of meetings
when the Police Department has been notified at least ten days in advance
of the meeting. They are opposed to an outside organization of the
Butte County Veterans Council interferring with the hall procedures.
Page 503.
June 30, 1981
81-'
a
Jane 30, 1981
The Paradise Veterans Council has never attempted
of the Ha1i Committee. They would like to keep.it
problems the matter will be brought to-the Board.
to interfer with the operation
that-way. If they run into
2. Ron Barnes, president, Butte County Veterans Council. Mr.
Barnes stated that at their meeting in May these things .were discuseed
and were brought before the Board. They acted on a request by the Board
of Supervisors as recorded at their meeting of May 5, 19.81 where the
Butte County Veterans Council was asked for recommendations on all of these
questions that had been proposed by Paradise. A11 the suggestions were
voted upon by the Butte County Veterans Council. He contended that the
group from the committee did not'have the authority to'make the change.
There has been .one man who attended the regular Butte County Veterans
Council meetings. As the commander of the Paradise Post of the Veterans
of Foreign Wars he requested and would appreciate the fact that he could
appoint his own member to the committee. He did not want one appointed for
a four year term. The other proposal was that they send the names directly
to the Board for confirmation. He did not want hisrepresentative disallowed
or disapproved by the Paradise Memorial Hall Committee. Getting down
to one delegate and one alternate, at the time the committee was initially
instituted there were as few organizations involved as two organizations.
There are now more organizations and new organizations being formed. He
felt that one delegate and one alternate was sufficient for representatives.
In the event of a tie that vote could be broked by the secretary.
The Council would like five members of the council, which are
from each hall, to act as ari advisory capacity to be able to apprise all
the other groups of what is going on in the other halls. They will not
be putting forth any changes in the regulations. All they ask is that
the Board acknowledge to them what changes they would-like to have made
and that would be sent to the organizations through the council at hheir
meeting. If an organization is not interested enough to attend the
meetings to find out what is happening, then they should have no voice.
The Butte County Veterans Council approved every organization to belong
to the council. Everything in his letter to the Board is composed of all
members of the council, not just Paradise.
Mr. Griffin stated that although they are veterans and belong
to veterans organizations, the hall committee is not a veterans organization.
They are working for the Board and Gounty when they are in the building for
their meetings. They are not a veterans organization and therefore a veterans
organization has no control over the committee.
Clif Nickelson, administrative officer, stated that Mr. Griffin
was correct. Some counties do not have Memorial Hall committees. He felt
the issue being discussed could be almost impossible to resolve if the
Board became involved in the local personality conflicts going on. The
Board has six memorial halls-that represent six entirely different
communities. Biggs does not even have a veterans organization. Years
ago the Board adopted rules and regulations for each hall on the operation
and charges of the halls. The committees now have their own by-laws and
rules. It appears that if the Paradise committee: wants to operate with
having memberships every one year, two years or four years, that is
fine. It might be different in another hall. He would hesitate to
encourage any change in the way the operation is being done at this time.
Chairman Moseley stated she had three memorial halls in her
district and they seem to resolve their problems about how they will
operate.
Supervisor Saraceni agreed with Chairman-Moseley.
Page 504.
June 30, 1981
81=
b
,Tune 30, 1981
Supervisor Dolan stated that each hall committee established
their own by-1aws,and if one area wanted to have one year or two year
appointments-they-could do so without anything from .the Board.
Mr. Griffin stated that the majority of the organizations have
been together for about three years. Unitl about one year ago there were
no problems, then all of a sudden there were conflicts within a couple
of organizations. They seem to think they have to tell everyone else what
to do. He would .like to keep the appointments at four year terms. This
is what is in the by-laws for the committee now.
Supervisor Wheeler suggested that since this involves Paradise
the matter should be continued until Supervisor Lemke is present to discuss
the matter.
The matter was continued until after Supervisor Lemke is back.
2025
3. Jim Hurst. Mr. Hurst recommended that this be continued
until Supervisor Lemke is back.
RECESS: 1:34 p.m.
RECONVENE: 1:38 p.m.
APPROVE BUDGET TRANSFERS B-318 & B-319
Chairman Moseley stated she had a problem with budget transfer
B-3fi9. She had trouble with the amount of salaries being $31,619.
Jim Rackerby, personnel director, stated that there is $25,000
available this year for economic development. The salary that was recommended
by BEDCo at $36,000 is the figure they are using, when they were going to
have a staff economic development director. The amount of money shown
in this budget transfer is for the salary of a deputy administrative officer.
At the time of the report to the Board for approval for economic development
there was $3,000 staff cost. This budget transfer is merely a budget
item. Bob Nickelson is on board for $12.31 per hour as a deputy administrative
officer. Whether or not in three or four weeks from now when this transfers
to a non-profit corporation they decide to pay that amount is not known.
He felt the concern would be for next year. The program will only go
until September 30, 1981 for this year.
Supervisor Saraceni stated the budget transfer has $3,500 for
rents. That is for two staff people.
Mr. Rackerby stated he did not know what OEDP might do. They
might want a-place for meetings and offices. This transfer is merely
for charging accounts to get started. He did not estimate ,
they would begin to approach the limits. This is an extremely rough estimate
for the transfer.
Chairman Moseley stated that OEDP's track record was not that
good. It is the same people and the same amount of money.
Clif Mickelson, administrative officer, stated this was a little
'different organization. There was an economic development commission
that had five members. The oEDP group was appointed because of EDA funding
that came through about six or seven years ago, who were advisers to the
Board as to what the plan should be. The plan was implemented by the
commission.
Mr. Rackerby did not know what the amount would be for them
next year. This transfer is for the Auditor's purposes. He did not see
where they would spend $25,000.Page 505.
June 30, 1981
Sune 30, 1981
81'`- Supervisor Saraceni stated his problem was with. the rent of
~ $3,500. This time period is for two and one-half months. That .is over
$1,100 per month. for rents and leases.
Mr. Rackerby stated that would not be an unusual amount for
downtown Oroville and Chico. He did not-know whether non-profit organizations
could hold meetings in public building and if' they would want to hold
the meetings in public buildings. The Board will only be giving so much
money in the form of a grant and will not have any say in the way the
money is spent. He hoped that being done in the private sector, this
would be done in the most economical way. Mr. Nickelson is now working
on extra help.. This is the salary range of the first step of a deputy
county administrative officer. This job is tied to the job. description
for the classification.
Supervisor Saraceni felt that since this is going into the private
sector and they have been discussing wages in the private sector maybe
the county should be looking at those wages rather than county wages as
well.
Mr. Rackerby felt that if some of the people were in the private
sector they would also be talking about more money. They would have to
look at the total picture and not only the low pay but also the high pay
positions.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the following budget transfer was approved:
B-318 - Building and Grounds Maintenance. Transfers $10,500 from
the reserve to maintenance of structures in order to cover current budgetary
deficiencies and to provide an appropriation for the. balance of the fiscal
year to cover .the cost of repairs to air conditioners in the Library and
Superior Court which were not originally budgeted, carpeting costs for the
Public Health building which was greater than anticipated, and for space
preparation for the Environmental Review Department which was not originally
budgeted. The costs for these projects will be transferred to the appropriate
cost centers within the budgets indicated.
too high.
Supervisor Saraceni felt the money for rents in B-319 was
Mr. Nickelson stated that when the $2,000 is reduced to $900,
there is $1,100 and what is the county going to do with the money.
Mr. Rackerby stated that this is money that will not remain
in the county beyond September 30, 1981. There is no way to spend the
money in that length of time. if they rent the facilities, the county
will not reimburse them for any more than a reasonable rate. This is a
budget and not a contract.
Supervisor Saraceni was trying to say that they should rent
as economical as possible.
Supervisor Wheeler stated the Board could instruct they to be
as fiscally responsible as possible and then have a report back to the
Board. This could be a weekly report.
Supervisor Dolan stated that every agency and every department
does not have that requirement from the Board, then the Board is in trouble.
She felt that considering economical production was important with everything.
Page 506.
June~30, 1981
June 30, 1981
81- On zaotion of Supervisor
b and carried, the following budget
that as everyone else is they nee
weekly report is to be~nade to th
Dolan, seconded by Supervisor Wheeler
tranfex was approved with the instruction
d to be economical as possible and a
e Board:
8-319 _'Overall Economic Development Committee'Tit1e VIT. Establishes
a budgetary appropriation for the Overall Economic Development Program for
extra help, $11,250; benefits, $3,750; communications, $400; general
insurance, $400; office expense, $1,100; professional and specialized
services, $3,000; rents and leases of structures, $2,000; rents and leases
of equipment, $1,500; transportation-and travel, $1,000; and utilities,
$600. Total amount of the transfer appropriation is $25,000 with funding
cominc from federal aid - CETA Title VII.
***
.2026 ADOPT RESOLUTION 81-154 RELATIVE TO COUNTY MATCHING CONTRIBUTION TO CHICO
AND GRIDLEY LIBRARY CONSTRUCTION PROJECTS
ban Blackstock, county counsel, reported on the resolution that
will be necessary relative to county matching contribution to Chico and
Gridley Library construction projects. The corporation members had a meeting
Thursday going over the offical statement, which is an explanation and
prospectus of the bond issue. This resolution does not ask the Board to
approve the prospectus. This effects the prospectus in one aspect. They
also discussed the facilities lease and the site lease which he will send
to the Board along with the official statement.
Supervisor Dolan questioned if that document is based on which
how many millions of dollars will be spent over the years? Did the corporation
members go through it?
Mr. Blackstock stated that yes they did. The next item the corporation
will be going into is indenture. This is relative to the bonds. Should
the Board- want copies, he will give the members his copy to review.
The site lease is what the term implies. It is a lease of the property to
the corporation from the county and it makes reference to the leaseback to
the county. It says there will be quiet enjoyment. The ten year term is
the best the county could get. That is in the official statement.
The facilities lease is the lease back to the county of the completed
facility. It basically provides the amount of the rent that the county
will be paying. The payments will be made semi-annually. It provides,
in essence, that when the bonds are paid off and all excess funds of the
corporation at the termination become the property of the county. They
terms of the lease is set for 20 years, which is normal, however, the
lease will end if the lease bond is paid off. The corporation is set up
by the Board. It is the corporation that is building the building. The
agreements with the cities of Chico and Gridley need to be done. The
ity of Chico wrote a letter setting forth certain items they are willing
to do. The agreements will be prepared and back for the Board's consideration
on July 14, 1981. The city was quite clear as to Sherman Avenue. They
did not talk about East Avenue and he would not recommend that sidewalks
be placed on East Avenue. It is not the entrance to the library. He
felt that everyone could get along with the timing the city is thinking
about. The county would live with it as long as the city acted in a
timely way. The library will not be open for business for a full year
after August. That is plenty of time to complete those improvements.
He needs to sit down with the City of Gridley and come up with a proposed
agreement. He did not believe the county could look forward to the City
of Chico completely furnishing the library. From Gridley, the county
would be asking assistance in the landscaping, which could be done by
private groups. They would look to the city for sewer charges and the type
of fees that is equitable way to resolve the problem.
Page 507.
June ~0, 1981
June 30, 1981
$1- Mr. Blackstock stated that .the improvementsthat need to be
$ done on Sherman.Asenue is gavement, drainage, curb, gutter and sidewalk.
That is work thaC would ordinarily be done by the developer. The city has
agreed to do the work. -There is an alternate bid for the landscaping. It
has not been accepted yet. The sewage and drainage will be handled by
the city. Added together this would be pushing $20,000-plus as far as the
city is concerned they are contributing all interior furnishings from the
old city library.
The other aspect that the Board should be instructing staff to do
is to set up in final form the inspection process fox the buildinQS and
be ready to be paid for. There has to be a building inspector for Chico and
Gridley. The Gridley architect is willing to enter into an agreement.
He did not believe it was of sufficient size to require a full-time
inspector. The Chico Library will require a full-time inspector.
Supervisor Saraceni asked if the resolution was meaning that
the county is setting forth and moving ahead to build-the libraries.
Mr. Blackstock stated that the resolution was-saying that if
the county goes with the financial project that yes the county will
sufficiently put enough things into the building to run the library
and to equip and operate the building as a library. The decision of
the Board on the project will be made July 21, 1981.- Final action has
een done as far as going out to bid on the money. The Board is now
dealing in the money market and it being volatile will not be held open
for more than 36 hours. The bids will be opened July 21, 19$1 at 11x00 a.m.
in Orrick Herrington office in San Francisco. At 3:00 p.m. on July 21,
1981 the consultant will be present to present the bids that were received.
The president of the corporation will make the presentation to the Board.
The Board will know at that time what the rental amount will be. The
Board will make the decision at that time whether to go with the libraries
or not. On July 21, 1981 at 4:00 p. m. the corporation will hold an additional
eeting to approve the bids and set the matter for closing. The closing
ill be the first week of August. The Board will not be involved at that
point. The corporation officers will be in San Francisco where the final
papers will be submitted including the indenture agreement, the site
lease, the facilities lease, and the construction contracts themselves
and the county will be off and going. The bonds are presently being
orinted.
If the Board were to decide before July 21, 1981 that they
did not want to go ahead with the project because the county cannot
afford the library then the financial consultant and bond counsel should
e notified as soon as that decision is made. If the county goes forward
and gets the bid, this will affect Butte County in the money market.
The way the procedures are set up the Board will make the decision at
ome time after 3:00 p. m. on July 21, 1981.
Supervisor Dolan asked Mr. Blackstock if he was saying that
until July 21, 1981 at 3:00 p. m. the only answer without effecting the
financial picture of Butte County is to say yes.
Mr. Blackstock stated that on July 21, 1981 the county might not
e the interest and maybe the bonds-are too high. He was suggesting
t if the Board comes to a decision~omewhere in the budget proceedings
ore July 21, 1981 that it is only in the county's self interest to
the consultants know that decision. That is if the decision is that
county does not care what the bids come in at, they will not take the
if the Board did not make that decision, the county is not required
go with it. The county could say no for whatever reason.
Page 50.8.
June 30, 1981
81~
8'
.June 3Q, 1981
Mr. Blackstock answered Supervisor Dolan's-question of whether
they would be accepting the responsibility for giving Butte County a
bad name on the bond market. They county would not be helping it. If
the interest comes in high, no one can argue with the county. The Board
will make the final decision on July 21, 1981 and that is that. After
that date, the county does not make any more decisions.
Supervisx Saraceni asked what if the county does not feel they
have the income to substantially go for the bonds?
Mr. Blackstock advised that as soon as the Board makes that
determination, he would recommend that the county let the bond counsel
and financial consultant know that decision.
Supervisor Saraceni asked if the county was going to hear there
are too many things running already. Maybe the decision should be made
before they go out to bid. Maybe the Board should look at this matter
before they go too far.
Supervisor Wheeler stated that Supervisor Saraceni had been
voting for it right along with the rest of the Board.
Mr. Blackstock advised they should have been printed and sent
out yesterday.
Supervisor Saraceni felt that the Board should be looking at this
in light of major priorities in the budget. He felt they should start looking
at this very closely.
Mr. Blackstock stated that July 21, 1981 at '3:00 p.m. is the last
day to make a decision. The financial program as now put together will
not be making any payments fior about ZO months after-the first part of
August. The county is 20 months away and this would be fiscal year 1983.
It will not effect this year's budget.
Supervisor Saraceni felt the Board should consider the budget,
which is $5 million in the hole, before they deal with the library situation.
He did not care that the payments would not be coming in for two years,
he wanted to know if the county could make the payments. He had no
problems with investing in libraries but he wanted to know how the county
was going to pay for them and he felt the decision should be made after
the Board goes through the budget hearings.
Supervisor Wheeler stated that she and Supervisors Dolan and
Moseley have been working on this a long time. It is not that they are
not concerned with dollars and cents. When there was funding available
for the libraries, the funding was not expended through the revenue
sharing funds. They were used for a certain level of government. Each
year the Board has given a promise to build the library and now there is
finally a mechanism where the county will be able to built the libraries.
She would not support an issue such as this through bonding if the interest
'were such that at some point the county could not operate as a county
government. She felt that integrity was the real issue and she had made
up her mind.
Supervisor Saraceni was not saying he was not concerned. He
would like to see the libraries built but not before the county sees where
the finances are and the county goes through the budget hearings. He
saw it coming down fros~the federal government and the same in Oroville with
the RDA where they are taking the county for money outside the county.
He has seen annexations in Chico taking funds-from the county.
page .509.
June 30, 1981
June 30Z 1981= _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
81- Supervisor Dolan stated if on July 21, 1981 the bonds come
b in at eight percent and at that point there are so many other factors
the Board could not say no if they come in below the ten percent level.
Mr. Blackstock advised that was the Board's decision. If the
Board makes the decision prior to that the only intelligent way is to
not put the financial houses to the trouble because that might be remembered.
The county is out for a rating now and he-hoped it would be a pretty good
rating. On the bonds he anticipated a fairly good rating. In the official
statement they set out the number of the budgetary items and situation.
Superviso~Dolan stated that while the policy decision is to
be made on July 21, 1981 it could be difficult to go into the money market
for bonds to pay for sewer lines if the Board says no for-these bonds.
Mr. Blackstock stated that if the Board drops it now, the
county will end up having to go to bid .again. The bids were held for 90
days. They were opened May 28, 1981. The Board had indicated an
interest in reviewing the budget before making the decision. This is
why the July 21, 1981 date was set. By that time, the Board should have
a good idea of the budget from a standpoint of convenience to the county..
When you deal in the money market they do not hold those bids open.
Supervisor Saraceni recalled that when the county went out
for the bids for construction, the county was not sure what the cost was
going to be for the buildings. He now found out that they are running
when in fact the Board wanted to verify and see where they were. They
were told the time limit is for the architect's contract and the county
might lose a chance for redesign. Now they are running along further.
Now he finds the consideration of a resolution authorizing appropriations
of county funds.
Mr. Blackstock felt that the Board should consider the landscaping
alternate on the bid at this time. The financial proposal has come forward
and modified to twenty months down the road. It seems set for a $2_8 million
bond issue. The whole financial proposal is quite conservative for internal
investment by trustees. The trustees anticipate income from trustee
investments at ten or eleven percent, most are good for fourteen to sixteen
percent now. That is all going to result to the county's benefit in the
sense that..there are funds being invested at a higher rate than is being
paid out. He felt that aspect should be favorable. It would be helping
the county's financial position in terms of paying for the libraries.
The first payment on the libraries will be twenty months from August.
Supervisor Wheeler stated the Board will be considering the
budget on July 9, 1981. That is one and one-half weeks prior to that
time. She could see many areas where the Board could cut a lot of money
as far as inflated overbudget items are concerned. There is no reason
why any individual cannot make a reasonable decision on July ~1, as it
related to the budgetary considerations. If the Board does not have in
their mind where the budget will be leading, the Board will probably
be there until September adopting the budget.
Chairman Moseley felt that if they could find $2.8 million
somewhere they would not be very. far out of line. She resented paying
down the line for the libraries. A county this size should be able to
pick up that cost. It would be a one shot thing.
Mr. Blackstock suggested that the Board consider. the Iandscaping_
at this time.. Certain members of the corporation feel differently than he
does relative to the landscaping. He felt it should lie put off. One of
Page 510.
June 30, 1981
June 30, 1981
81-
3'
the reasons for splitting the bid for the landscaping was to be able
to put it off. He did not believe the low bidder was the Iow bidder on the
landscaping. This is not included in the financial plan. If the Board wants
landscaping this is a separate contract. The county would pay extra for it.
The library will have to be landscaped.
Supervisor Wheeler did not feel the Board needed to consider
the landscaping at this time. There are organizations interested in
doing the landscaping.
Mr. Blackstock stated that one of the more important items and
the more expensive is the sprinkler system. By July 2T, 1981 the Board
should have decided on that.
Gerald Lively, deputy administrative officer, stated that the
$5,000 for the landscaping includes the irrigation system. For Chico
the landscaping is $54,000 including ::irrigation system. The irrigation
system might not be installed until the building is completed. He
recommended that it be installed at that time or there will be problems.
The bids did not require separation of the irrigation system from the plants.
The bids are within $2,000 of each other. The low bid was $52,843 and the
high $60,000.
Mr. Blackstock read the proposed resolution at this time. In the
proposed special statement or prospectus they set up that the county would
make a cash contribution, which happens to be the estimate for the furnishings.
If the county did not adopt the resolution the statement would have to
be suckered and this is bad. It could cost a number of points when you
sticker. Bond counsel and the financial consultant came up with the
wording for the resolution. The resolution is saying that if the Board goes
with this proposal, they will use it for a library.
It was moved by Supervisor Wheeler, that Resolution 8I-154 relative
to county matching contribution to Chico and Gridley Library construction
projects he adopted and the Chairman be authorized to sign.
Supervisor Dolan wanted to know why the resolution was necessary.
ould this change the fact that the Board would have until July 21, 1981
to make the final decision.
Mr. Blackstock stated that the resolukion is to reflect to potential
investor that after the building is built and the Board is paying rent the
building will be operated as a library, and not being an empty building.
The investor will want to know it is the county`s intent to operate the
uilding as a library.
Supervisor Saraceni stated that on item 2 it says the county
ill be responsible for all of this. The county is responsible for facilities
equipment, furnishings, payment of all costs necessary in completion of the
roject for a viable use of the library.
Mr. Blackstock stated that was true. The Board has made the
decision to financing of the building. This is talking about landscaping,
furnishings that have been discussed. The resolution is saying that if the
Board approves this on July 21, 1981 that the Board is gong to have this
for a library.
Supervisor Dolan seconded the motion.
Supervisor Dolan asked Mr. Blackstock if the Board adopted the
resolution will the Board have to say yes on July 21, 1981?
Page 511.
June 30, 1981
_ .June 30, 1981
81- Mr. Blackstock stated-that the presentation will be made on July 21,
3 1981 at 3;00-p.m. on the amount of the project. At that time, the Board will
I either go-with:-the project or not go with the project.
Supervisor Dolan stated at that bane, if it is reasonable interest
rate or below ten percent and if the Board wants to put the county's
reputation on the line, they can say no.
Mr. Blackstock stated that the final decision point of no can be
made on 3uly 21 at 3:00 p.m. or shartly thereafter, if that is the Board's
decision. He was trying to alert the Board that if they already had made
up their mind to not go on with the project, do not wait until July 21,
1981 at 11:00 a.m. The decision yea or nay is nat with the resolution.
Rod Weyand, BCEA, stated that the resolution will help with
the interest rate. What the resolution is doing is saying the viable
use of the building will be a library.: If the corporation decides it
needs a bigger parking lot, more furnishings or more insurance, it can
do so. There is a great deal of money not in that bond issue that has to
be paid for by the county. '
Mr. Blackstock stated he was incorrect in his assumptions.
Mr. Weyand stated that the corporation has the position of
funding to make sure the library is built. The Board is going into a
contractural agreement on a leaseback along with this. Once this starts
going, the county has to pay until the bonds are paid off or if the
corporation comes back and wants to fund the bonds. There are other
expenses above the $1.9 million for the buildings.
Supervisor Wheeler felt that the Board knew who Mr. Weyand
as and that he had ulterior motives. He is making an attempt to cloud
the issue the Board is dealing with. She asked that he provide statistics.
Mr. Weyand stated that-the issues the Board is raising are in
-the packet the Board has. Already this year, the county has spent around
$200,000. He was not asking the Board to vote down the libraries,. He
as been on record on three occasions that he supports libraries. He asked
that the Board make sure the issue is there so the Board knows where the
priorities of the library is. On July 21, 1981 he fully felt that this
date puts the pressure on the Board. Why not August 21, 1981; when
its more in line with the budget? from listening to the procedures, it
looks like he might be able to take a vacation before August. The Board
j 'ust this morning had a problem with someone who built a house and then
asked for a use permit. He felt the Board was getting to the point now
here they will have the .house built before they know whether it is the
right house or not. There were two gentlemen who pointed out there may
e problems with the architectual design. He was asking that the Board slow
down a little bit. He was not asking that this be put off until next year
but to put the matter off until the Board knows where they are. It is
'ust being pushed fast. He would hate to see the buildings with no one
in them.
Vote on motion:
AYES: Supervisors Dolan, Wheeler and Chairman Moseley
NOES: Supervisor Saraceni
ABSENT: Supervisor Lemke
Motion carried.
Page 512.
.June 30, 1981
,Tune 30, 1981
81- Mr. Blackstock stated that the other question involves the fire
v ydrant. The fire hydrant was removed from the'bid.so that California
ater Company could install the hydrant. The plans call for two fire
ydxants.~ California; Water-Company is insistent that .their own people
ut in the hydrants. The net result is that .the Board will be on the hook
or the fire hydrants.
1Kr. Blackstock stated that the final date would be July 21, 1981
or action. The Board will not be a party to the closing. The closing
ate and for the changing of hands and the contract executions will be
n the first week of August. The specific date is not yet set. The
ontractor wants to get started as soon as possible. There is no problem
ith the Gridley Library, it will be completed probably in five to six
onths. The county would be moving into the Gridley Library some time in
anuary or February of 1982.
The Board should instructed the Administrative Office to set up
ocedures to handle any change orders that come up. The change orders
11 go through the Board to the corporation and the corporation will make
e final decision. There is about fifteen percent of the total construction
ntract for a contingency. By using as little as possible of the contingency,
is will bring about a decrease in the rental payment. He did not think
would have to be involved in the closing or on July. 21, 1981.
The matter was continued to July 14, 1981 for consideration of
he contracts with Gridley and Chico.
The matter was continued to July 21, 1981 at 3:00 p.m. for
ecision on the financial bids.
2027 PORT FROM COUNSEL CONCERNING THE ABILITY OF COUNTY' COUNSEL TO SERVE AN
DITIONAL PERIOD AT'TER THE EFFECTIVE DATE OF HIS RESIGNATION
Dan Blackstock, county counsel, advised there was no reason at
his time to consider continuing his service with the county beyond July 15,
981. If there is anything he can be of assistance to the county with, he
ould be interested in doing so. He did not see any reason for staying on.
el Siemsen will become acting County Counsel as of July 15, 1981 and will
roceed as such until his successor is chosen. He will be the senior deputy
y reason of the Goverxzment Code. There is no provision for the Board to
eke appointment of the acting County Counsel. The schedule reflects that
he Board will be making the decision on his successor on August 4, 1981.
CESS: 3:32 p.m.
CONVENE: 3:50 p.m.
2028 ISCUSSION OF THE LETTER FROM BCEA RE: SENIOR VETERANS' SERVICE REPRESENTATTVE
OSITION
Discussion of the letter from BCEA regarding their request that
he incumbent in the senior veterans' service representative position be
emoved and that position be filled using the eligibility list was held
s continued from earlier in the meeting.
Supervisor Dolan felt the Board had answered this question. She.
as convenienced that the rules were followed and the procedure in the
ounty was implemented and no answer is necessary. There is no way the
ules were violated.
Supervisor Wheeler agreed with Supervisor Dolan's statements.
he did not think an answer was necessary. She felt they upheld and followed
he rules.
page 513.
June 30, 1981
_.
_--____-__= June30~1981___________________
81- Supervisor Dolan stated the Board had..receiyed information from
~ the Personnel Director a long time ago about this matter. The people in
positions where this procedure was used`was listed on the information. If
**** it were not right,. there should be about seven positions negated.
Glif Nickelson, administrative officer, .stated-the real question
was whether the Board has the power to negate this-since the Board does not
hire employees, but hires department heads and they hire the employees.
He had no question as to whether proper action was taken. He thought it was.
Supervisor Dolan .stated the Board had a lot of discussion before
and she asked questions. It is not comfortable. She was perfectly satisfied.
Chairman Moseley was comfortable with it.
Supervisor Saraceni stated he would go along with it and had to
feel from his udder-standing from the regulations as put forth by Mr.
Rackerby he would have to agree with whatever action that was taken.
Supervisor Dolan agreed with one paragraph in the letter from
BCEA relative to the appointment of qualified people for the position.
No action taken.
2029 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Chairman Me~eley advised that the. Board had received a memo
relative to the drug abuse funding indicating the status in the county.
Chairman Moseley was please to see the information from Ar.
Svihus relative to the programs within the county and what types of programs
are duplicated.
CESS: The Board recessed at 3:59 p.m. to reconvene on Thursday, July 9,
1981 at 9:00 .a.m.
Page 514.
June.30, 19.81