HomeMy WebLinkAboutM070180,Y
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July i, 1980
STATE OF CALIFORNIA )
SS.
C8UNT5E OF BUTTE )
g0~ The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
resent: Supervisors Aolan, Moseley, Wheeler, Winston and Chairman Lemke.
Clif Nickelson, administrative officer; Dan Blackstock, county counsel; and
'Clark A. Nelson, county clerk, by Cathy Pitts, assistant Llerk to the Board.
ledge of Allegiance tv the Flag of the Uaited States of America
avocation by Supervisor Moseley
1045 PROVAL OF MINUTES
On motion of Supervisor Winston, seconded by Supervisor Wheeler
,~.nd unanimously carried, the minutes of June 17, 1980 and June l8, 1980
ere approved as mailed uii.th the following 'amendments:
Minute order 8Q-976, item ~~2 was amendedxto reflect that
esolution 80-131A authorizing the Chairman to sign the agreement with
the State of California covering the acquisition of that portion of the
outhern Pacific Stirling City branch Iine railroad between Milepost
89.0 (near Butte Creek) and Milepost 196.2 (Paradise.. town limit line} which
rovides $25,000 from the state abandoned railroad account to the county and
lso authorizes the county to negotiate the acquisition with the appraisal
for the rail line of 101.25 acres being $25,000 was adopted and the Chairman
uthor3zed to sign.
Minute order 80-976 and 80--977 were amended to reflect that the
ubsidized,taxi system ticket interchange program agreement with Chico as
reflected in minute order 80-976 a'1so iacludes the approval of the 1980-81
hico Clipper Contract amendmeat as set out in minute order 80-977.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the minutes of June 24, 1980 were approved as
ailed with the amendment to minute order 80-1041 to reflect that July 15,
• 980 at 10:30 a.m. was set for cons3:deration of Keith Tovey appeal of .
roposed negative declaration and the Planning Commission's denial of
ariance to lot size requirements to allow three parcels of 2.99 acres,
.61 acres and 4.46 acres on property zoned "TM-5" (timber mountain -
;five acre parcels) located approximately 2B0 feet east of Coutolenc Road,
.approximately 1/2 mile north of Hugp Coutolenc Road, identified as
65--03-003, ,north of Paradise. The July 8, 1980. hearing date was
rescinded. ,
.1046 ISCUSSiON OF OROVILLE MERCURY ARTICLE REGARDING FILING OF CAMPAIGN
TATEMENTS -~ WRITTEN MEMO TO BE FURNISHED SUPERVISOR WTNSTON FROM THE
ISTRICT ATTORNEY HIMSELF AND FROM HAL BROOKS. TELLING WHAT HE ADVISED
E NEWSPAPER
Supervisor.Winston stated this was Che first time in 17 years
in public office he found it necessary to talk to the newspaper regarding
their policies of stories im connection with Che Butte County Political
ction Committee. He asked thaC Mr. Brooks from, the District Attorney's
Office be present. at the meeting today and was advised that both the
istrict Attorney and Mr. Brooks would 'be-out of,towt~. There have been
four articles in tie Oroville Mercury regarding this matter. Mr. Brooks
is quoted in .the~:ra~#sieles. This disagreement is in regard•to the late
statement by the Butte .County Political Action Committee. There is
o secret about the committee. He could name every member of the committee.
e hoped that the newspaper would refer to the Political Reform Ac ti of
1974 as amended in 1979. Section 84210 speaks to the responsibility of
the candidate. .Supervisor Winston read Section 84210 at this time.
Pags 1.
July 1, 1980
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July 1, 1980
S0_ Supervisor Wins#~an stated that if anyone wanted to see the
b statement that he filed it is on file with the County Clerk. Supervisors
Moseley, Wheeler and Chairman Lemke are also mentioned in the article.
The three people Ghat according to Mr. Brooks might be violating the
law are a majority of this Board and the county could go to pieees.-
The county is going to begin budget sessions. He insisted that Mr.
Brooks deny making those statements. He insisted a written memo be
furnished him from the District Attorney's Office by the District Attorney
himself from Mr. Brooks telling him what was said. He called this reporting
of the worst possible kind when people comply with the law and then are
being accused of a crime. This is the first time he has seen fit to harp
about the ethics and reporting ability and accuracy of a member of the
press reporting on the Board of Supervisors meetings and the Oroville
City Council meetings.
Judy Mello, Oroville Mercury, stated that she was standing on
the articles she had written. No where has she called the Board members
terrible people. The stories have been approved by the editorial staff.
She was surprised at the attack on the articles. She was standing on
the facts she knew and on what Mr. Brooks had told her. Every word was
true. Mr. Blazier of the Fair Political Practices Agency told her an
investigation was being conducted.
Supervisor Winston stated that Mr. Blazier-has said the candidates
would not be affected by the probe. The article quotes Mr. Brooks and
surmises despite what persons might say.
Supervisor Wheeler stated that the article might not have
said the words but there was an insinuation in the article. The committee
did not file their papers in the proper manner. There needs to be a
certified public accountant go through the paperwork that must be filed.
She resented the fact that a comment was made about her personal life.
She did not like it. No one in this county or any political action
committee has enought money to buy her vote. The reference made in
the article is that her,: husbaad is on the committee and could influence
her vote. Ms. Mello did not know about Supervisor Wheeler's private life.
Chairman Lemke stated that the article looks like a story that
was in the Bugle or the Chico News and Review. The Chico Nees and Review
prior to the election ran a story about his taking money from developers.
The issue after the election had a printed retraction and apolmgy on
the front page. Mr. Connor, who lost the election, questioned the propriety
of the Butte County Political Action Committee. Ms. Mello is on record
as defending herstory.
Ms. Mello stated that she was not employed by the County of Butte.
She furnishes information to the public. The history of newspapers is to
act as a watchdog on government. If her work is not being done properly,
it is for her bosses to decide. She has been a reporter for three years.
Supervisor Winston felt that part of a reporter's duties would
be to research the code section involved in the article that is being
written. It would have been helpful whea Mr. Biazier made his statements
if the reporter would have researched the code: section and would have
found that the Supervisors had complied rather than accepted someone's
worth on the matter.
Ms. Me11o stated that Mr. Brooks is a representative of the
District Attorney's Office. They are working with the Fair Political
Practices Agency on the investigation.
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July 1, 1980
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_____--=---YJul~l, l9so ~~_________________
Chairman Lemke stated that the story was that the Butte County
Political Action Ce~mmittee failed to file their statement on time which
has nothing to do with the three Supervisors mentioned in the story except
the committee conttibuted to their campaigns. The three Supervisors filed
their statements on time. showing receipt of the funds from the Butte County
Political Action Committee. What that action committee does is their
business and has nothing to do with the Board. The fact that they filed
late is their problem.
Supervisor Moseley stated she would like to clarify one thing
on this article. There was a question of why are the Supervisors taking
money from developers. She reminded many people that there are also
agricultural people on that committee. In here district there is 70%
agricultural people. All the money did not come from developers. She
felt Ms. Me11o should do a l~atle more research on the matter.
1047 PUBLIC HEARING DATE SET
A public hearing date of August 5, 1980 at 10:00 a.m. was set
for consideration of Marion C. and Frank G. Bennett draft EIR and petition
for cancellation of Land Conservation Act agreement.
80-
a
1048 WAIVE FIRST READING OF SALARY ORDINANCE AMENDMENT THAT IMPLEMENTS A NUMBER
OF CLASSIFICATION AND PAY ADJUSTMENTS REQUESTED BY DEPARTMENT HEADS TN LAST
EAR'S BUDGET AND RECOMMENDED BY PERSONNEL DIRECTOR AND ALSO IMPLEMENTS
SEVERAL ORGANIZATIONAL BEND OPERATIONAL CHANGES
Discussion of the proposed salary ordinance amendment held at
this time. Jim Rackerby, personnel director, stated two salary ordinance
amendments had been prepared for the Board's consideration. One of the
zmendments eliminates the travel allowance for department heads. This
ould be a policy decision for the Soard whether they wanted to include
the travel allowance for department heads or not.
Qn motion of Supervisor Wheeler, seconded by Supervisor Moseley
nd unanimously carried, the first reading of the salary ordinance amendment
hat implements a number of classification and pay adjustments requested
y department heads in last year's budget and recommended by the Personnel
Director and also implements several organizational and operational changes
as waived eliminating the travel allowance for department heads.
1049 ACCEPTANCE OF JUNE 3, 1980 PRIMARY ELECTION CANVASS - CONTINUED TO LATER
It was moved by Supervisor Winston, seconded by Supervisor Wheeler
the following be accepted:
OF CALIFORNIA
OF BUTTE
ss
I, Clark A. Nelson, County Clerk-Recorder of said County, do hereby
citify that, in pursuance of Sections 17x88, 17089, 17090 and 17111 of the
lections Code of the State of California, I did canvass the returns of the
otes cast in the First and Third Assembly Districts in said County, at the
rimary Election held on June 6, 1980 for elective public offices and for
nd against each measure submitted to the vote of the voters. That the whole
umber of votes cast in said Assembly Districts in said County and the whole
umber of votes cast for each candidate and for and against each measure in
aid Assembly Districts and said County and in each of the respective
recincts therein, and that the totals of the respective columns and the
otals as shown for each candidate and for and against each measure are full,
rue and correct.
Page 3.
July 1, 1980
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_ _ _ July 1, _19_80_
80- - - - W - WITNESS my hand and the Official Seal of my
{, office this 26th day of June 1980
CLARK A. NELSON, COUNTY CLERK-RECORDER
By /s/ Bleanor M. Becker
Eleanor M. Becker
Assistant Registrar of Voters
Vote on motion held to later in the meeting.
1050 AUTHORIZE PURCHASE OF_XEROX ACCESSORY
On motion of Supervisor Dolan, seconded by Supervisor Moseley
unanimously carried, the purchase of a coin controller in the amount
$312.70 from the Polytechnic Data Corporation for placement on a copy
hive located at the Superfor: Court Building was approved.
1051 (REPORT TO BOARD CONCERNING EQUIPMENT LOANED TO THE TOWN OF PARADISE
Clif Nickelson, administrative officer, reported to the Board
concerning the equipment loaned to the Town of Paradise. •This equipment
as good equipment. The District Attorney has a very serious need for the
area where the Town Council was housed. They will also have a need for the
furniture that was loaned to the Town. The law precludes the Board .from.
sellzng this furniture as the.Coe~nty has a need for it.
The Administrative Office is to advise the Town of Paradise
the Eounty is not able to sell the furniture to them.
Chairman Lemke presented a letter from the Preserve our Pines
roperty Associationasking that the Sheriff's Office be moved to the
upper ridge. Chairman Lemke asked for a report from the Sheriff regarding
the feasibility of the move.
1052 UTHORIZE LETTER AUTHORIZING ENVIRONMENTAL HEALTH DEPARTMENT TO PERFORM
NVIRONMENTAL HEALTH SERVICES FOR THE TOWN OF PARADISE AT THE CONTRACT
TE STARTING JULY 1 1980 UNTIL THE CONTRACT i5 DRAWN UP
On motion of Supervisor Dolan, seconded by Supervisor Moseley
nd unanimously carried, a letter authorizing the Environmental Health
epartment to perform Environmental Health services to the Town of Paradise
at the contract rate beginning July 1, 1980 until a contract has been
raven up was authorized.
1053 UTHORIZE AUDITOR TO DISTR3.BIITE EXCESS PROCEEDS - ROY A. PARKER AP 41-28-89
On motion of Supervisor Moseley, seconded by Supervisor Winston
nd unanimously carried, the Auditor was authorized to distribute excess
tax proceeds from the sale of AP 41-28-89 in the amount of $5,413.89 to
oy A. Parker.
1054 POINTMENT OF SPECIAL DISTRICT AUGMENTATION FUND COMMITTEE TO MEET WITH
FECIAL DISTRICTS
Supervisor Dolan, Administrative Officer and Auditor were appointed
o meet with the special districts to discuss the Special District Augmentation
1055 PROVE BUDGET TRANSFERS
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
nd unanimously carried, the following budget transfers were approved:
8-241 - Community Action Agency. Within the Community Food and
ition Program 1978 grant year, transfers $1.73 from other costs to
ge benefits; within the Rural Senior Service Project 1979 grant year,
sfers $1,309.16 from fringe~be-i~fits and $194.21 in consumable supplies
a total of $1,503.37 going toward salaries and benefits; within the
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July 1, 1980
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1056
1057
1058
[lousing Winterization Program, transfers $7.71 from rents and leases and
purchase of equipment to transportation and travel; within Community Services
Program, transfers $1,067.99 from other costs to consumab3e supplies; in
the 1980 grant year within the Housing Winterization Program Round III,
transfers $767.53 from rants, leases and purchases of equipment, with
$390.62 going towards salaries and wages, $354 to travel and $22.91 to
other costs; within the Head Start 1979 grant year program, transfers
$9,232.82 from office expense and $1,700.59 from other food, math $1,429.92
going to telephone expense, $270.67 to other parent involvement, $466.36
to transportation and travel and $8,766.46 to equipment. Total amount of
this transfer is $14,281.74 and is a transfer of appropriations within the
various Community Action programs to cover end of the year grant year
budgetary deficiencies and is within Community Action Agency guidelines.
B-247 - Central Services - Duplicating. Transfers $315 from the
reserve to fixed assets in order to cover the cost of a coin box mechanism
purchase that is now rented and is to be placed upon a copy machine at the
Superior Court building.
8-248 - Public Works. Transfers $1,400 from the road reserve to
the Ord Ferry Bridge in order to provide an additional appropriation to
cover the cost of a change order on the bridge project.
8-249 - Fire Protection - Regular Service. Transfers $40 from
household expense to structures and improvements 3n order to provide an
additional appropriation to cover the unanticipated cost of constructing a
wheel chair ramp and fence at the North Chico Fire Station.
ADOPT RESOLUTION 80-136 AUTHORIZTNG CONTINUATION OF SCHEDULE "A" CONTRACT
WITH STATE DIVISION OF FORESTRY FROM JULY 1, 1980 UNTIL NEW AGREEMENT HAS
BEEN PREPARED IN ACCORDANCE WITH THE FINAL BUDGET APPROPRIATION
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, Resolution 80-136 authorizing continuation of
Schedule "A" contract with the State Division of Forestry from July 1,
1980 until the new agreement has been prepared in accordance with the
final budget appropriation was adopted and the Chairman authorized to sign.
Chairman Lemke asked that people be very careful over the
July 4th Holiday due to the use of fireworks and the high fire danger
in the county at this time.
#YUTHORIZE FILING OF NOTICE OF COMPLETION ON NDRTH CHICO FIRE STATION
On motion o£ Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the work of Sob Becker for the North Chico Fire
Station project was accepted ;..authorized the Chairman to sign the notice of
completion and~directed`the Clerk.to_-file said nofce with the Recorder.
APPROVE COMMUNITY ACTION AGENCY ITEMS - SUMMER YOUTH RECREATION PROGRAM
GRANT AWARD AND SUMMER FEEDING PROGRAM GRANT AWARD
Nadeen West, Head Start, stated that the Community Action Agency
has sponsored the youth summer program for four years. She felt this
program was a good program for the youth. It has been very successful.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the following was approved:
1. Summer Youth Recreation Program grant award from the
Community Services Administration in the amount of $6,299 to operate a
Summer Youth Recreation Program from June 1 through September 30, 1980
and also provides for the use of $3,400 in carryover funds from the
previous year, and authorized the Chairman to sign.
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'~ July 1, 1980
July 1, 1980
80-
1059
2. Summer Feeding Program grant award from the Community Services
Administration for participation in the Summer Feeding Program which is
operated in conjunction with the Summer Recreation Program with the amount
of the award totaling $10,773 and includes: administration, $1,083; kitchen
labor (cooks), $3,290; and food and supplies, $6,400 and the Chairman authorized
to sign.
AYES: Supervisors Dolan, Wheeler and Chairman Lemke. NOES: Supervisors
Moseley and Winston.
DISCUSSION CONTINUANCE OF COURT WORK REFERRAL PROGRAM AFTER JULX 1 ON
INTERIM BASIS UNTIL BUDGET HEARINGS ARE CONCLUDED
Discussion of consideration to continue the Court Work Referral
Program after July 1 on an interim basis until budget hearings are
concluded held at this time.
Dan Blackstock, county counsel, did not feel that the Board
could allocate funds for this program if it is not in the preliminary budget
that was adopted by the Board. He did not see how the Board could expend
funds for the program until after budget hearings had been held.
Clif Nickelson, administrative .officer, stated that this position
was an extra help position. There is~money in the extra help'`budget for
use. He felt the total cost of operating this program on an interim basis
would be $600 per month. The cost for the entire year would be increased
by two to three times that amount if it were on a yearly basis.
Chairman Lemke stated he did not have any problem with the program.
There are budgetary constraints of not having the program in the preliminary
budget.
Supervisor Dolan stated that it seemed that if the Judge wanted
to operate on the preliminary budget out of extra help funds she would be
able to operate the program.
Mr. Nickelson felt that in these tax times that maybe another
alternative would be to levy a fine for whatever the infraction might be.
If the person does not pay the fine, then the person can pay the fine or
go to jail and go on the Sheriff's Work Furlough Program.
Chairman Lemke stated that Judge Rutherford has said she will
pay the position aut of her pocket for the work on the Chico Municipal
Court. This would mean that the work would not be done for the other
court districts.
No action taken at this time.
1060
RECESS: 10:00 a.m.
RECONVENE: 10:17_aJm.
ADOPT RESOLUTIONS $0-i37 & 80-138: PUBLIC HEARINGS: HERBERT A. SLAUGHT AND
HAROLD WELBORN ABANDONMENT OF PUBLIC UTILITIES EASEMENT AND RECREATIONAL
EASEMENT IN PARADISE PINES AREA
The public hearings on the following were held as advertised:
1. Herbert A. Slaught abandonment of five foot public utilities
and recreational easement, Lot 8, Paradise Pines Unit 8.
2. Harold Welborn abandonment of public utilities easement,
Paradise Pines, Unit 4, Lot 195, excepting therefrom the easterly 25 feet.
Page 6.
July 1, 1980
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July 1, 1980 _ _ _ _ _
- Bettye Blair, planning director, set out the background of the -
abandonments. They are in order.
Hearings open to the public. Appearing: No one.
Hearings closed to the public and confined to the Board.
1061
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the following action was taken:
1. Approved the abandonment of five font public utilities and
recreational easement, Lot 8, Paradise Pines Unit 8 for Herbert A. Siaught;
adopted Resolution 80-137 and the Chairman authorized to sign.
2. Approved the abandonment of public utilities easement, Paradise
Pines, Unit 4, Lot 195, excepting therefrom the easterly 25 feet for Harold
Welborn; adopted Resolution 80-138 and the Chairman authorized to sign.
PUBLIC HEARING: HAROLD DEAL - PETITION FOR VARIANCE TO SECTIONS 19-10 AND/OR
19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE .HOME ON AP 36-29-2-25,
2176 EAST KUSEL ROAD, OROVILLE AREA. ZONING: "AR-MEi17
The public hearing.on Harold Deal petition for variance to sections
19-10 and/or 19-12 of the Butte County Code for placement of a mobile home
on AP 36--29-2-25, 2176 East Kusel Road, Oroville area, zoning: "AR-MH" was
held as advertised.
Lynn Vanhart, environmental health director, set out the background
of the petition. It is in order.
Hearing open to the public. Appearing: Harold Deal.
Hearing closed to the public and confined to the Board.
1062
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the petition for variance to sections 19-10 and/or
19-12 of the Butte Ccunty Code for placement of a mobile home on AP 36-29-2-25,
2176 East Kusel Road, Oroville area, zoning: "AR-MEI" for Harold Deal was
approved for a period of one year.
PUBLIC HEARING: NOTICE`OF INTENTION TO PURCHASE PROPERTY-- -2'523 FORT WAYNE
STREET, OROVTLLE ~-.
The public hearing on the notice of intention to purchase property,
2523 Fort Wayne Street, Oroville for HCD was held as ,advertised.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
1063
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the Board authorized entering into an agreement for
the purchase of property, 2523 Fort Wayne Street, Oroville; and the
Chairman authorized to sign.
ACCEPT JUNE 3, 1980 PRIMARY ELECTION CANVASS
Das~ Blackstock, county counsel, stated that the action requested
would not preclude a recount. The request for a recount must be done
five days after the official canvass.
On motion of Supervisor Winston, seconded by Supervisor Dolan
.and unanimously carried, the following was accepted:
Page 7.
July 1, 1980
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I, Clark A. Nelson, County Clerk-Recorder of said County, do hereby
certify that, in gursuance of Sections 17088, 17089, 17090 and 17111 of the
Elections Code of the State of California, I did canvass the returns of the
votes cast in the First and Third Assembly Districts in said County, at the
Primary Election held on June 6, 1980 for elective public offices and for
and against each measure submitted to the vote of the voters. That the whole
number of votes cast in said Assembly Districts in said County and the whole
number of votes cast for each candidate and for and against each measure in
said Assembly Districts and said County and in each of the respective
precincts therein, and that the totals of the respective columns and the
totals as shown for each candidate and for and against each measure are full,
true and correct.
WITNESS my hand and the Offical Seal of my
office this 26th day of June 1980
CLARK A. NELSON, COUNTY CLERK-RECORDER
By /s/ Eleanor M. Becker
Eleanor M. Becker
Assistant Registrar of Voters
July 1,~ 1980
STATE OF CgLIFORNIA )
ss
COUNTY OF BUTTE )
1064
CUSSION CONTINUANCE OF COURT WORK REFERRAL PROGRAM AFTER JULY 1 ON
ERIM BASIS UNTIL BUDGET HEARINGS ARE CONCLUDED
Discussion of continuance of the Court Work Referral Program
er July 1 on an interim basis until budget hearings are concluded held
this time.
Dan Blackstock, county counsel, stated that as far as the Board
ang an official action budgetary wise, the Board cannot do it. The
~.rd could not make a decision prior to July 15, 1980. What the Adminis-
.tive Office leas before the Board is an unofficial assurance tp the
'.ge that yes if she wants to use extra help funds the Board will probably
willing to later on in the year refill the coffer for extra help in the
:nt the budget goes over. The preliminary budget is a legal basis to
send money until the final budget has been approved.
Board members will meet with Judge Rutherford to discuss the
ram. Judge Rutherford to be advised the Board can take no action on
request at this time.
1065 ADOPT ORDINANCE 2118: PUBLIC HEARING: BIGGS RED TOP RICE GROWERS EXTENSION
OF INTERIM "M-1" (LIGHT INDUSTRIAL)
The public hearing on Biggs Red Top Rice Growers extension of
interim "M-1" (light industrial) was held as advertised.
Bettye Blair, planning Director, set out the background of the
ion. Recommendation was that the interim should be extended for
months.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the extension of interim "M-1" (light industrial)
for Biggs Red Top Rice Growners was approved for a period of eight months;
Ordinance 2118 was adopted and thee-Chairman authorized to sign.
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July 1, 1980
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APPROVE MENTAL HEALTH ITEMS
On motion of Supervisor Winston, seconded by Supervisor Dolan
snd~unanimously carried, the following Mental Health items were approved:
1. Approved the contract with the State Department of Rehabilitation
to provide rehabilitation services to the Alcoholism Program with the
contract for a period of three years from July 1, 1980 through June 30,
1983; the total amount of the contract i.s $G9,510 (state, $39,608 and
local share, $9,902) with the county`s share reimbursable from the State
Department of Alcohol's annual allocation to the county and the Chairman
authorized to sign.
2. Approved the agreement with California State University, Chico
to provide psychiatric consulting services to the staff of the student
health center and counseling center for the period September 1, 1980 through
June 30, 1981 in the amount of $13,600 and the Chairman authorized to sign.
ADOPT RECOMMENDATIONS OF HEALTH DIRECTOR REGARDING REMOVAL OF DEAD ANIMALS:
STAFF DIRECTED TO SEND COPIES OF REPORT TO DOUGLAS GREENWALD: COUNSEL
1IRECTED TO PREPARE ORDINANCE TO ALLOW REMOVAL OF DEAD ANIMALS
Dr. Svihus, public health director, reported on the dead horse
incident in Chico. There is problem with dead animals. Their department
can remove the head. They are unable to remove the carcass. There is
a ~:.nasiance ordinance. This takes a great deal of time and there is a~ieed
£or a public~earing on the matter.
Supervisor Dolan stated that when the complaint came forward to
the Board, the person complained that the Health Department told him nothing
could be done. She was concerned that the Health Department did not indicate
that they would be doing something.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the recommendations of the Public Health Director
as put forward in his memo dated June 25, 1980 were adopted; staff was
directed to send a copy of the report to Douglas Greenwald; and Counsel
was directed to prepare an ordinance to allow the removal of dead animals.
A public hearing date of July 22, 1980 at 10:00 a.m. was set to
consider William L. Laughlin petition for variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on AP 27-24-7,
southwest corner of Citrus and Daly, Oroville area. Zoning: "A-5"
PUBLIC HEARING DATE SET
1069 AUTHORIZE REQUEST FOR PENALTY RELIEF: SAN DIEGO LAND INVESTMENTS AND C. R.
BRANDY
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the following requests for penalty relief were
authorized:
1. San Diego Land Investments, Account ~~10-000560-00
2. C. R. Brandt, AP 33-23-3-016
1070 APPROVE PUBLIC WORKS ITEMS
On motion of Supervisor.. Moseley, seconded by Supervisor Winston
and unanimausly carried, the following Public Works items were approved:
1. Approved the final Clay McGaaman~ubdivision map; accepted in
fee Meyers Street, Ivy Street, Seville Court and Cambridge Court; accepted
easements granted for light and air; accepted easements for public utility
aaposes (including sewer, water, electric, gas and communications facilities);
and accepted Lot "A" as shown oil~the map.
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July 1, 1980
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Jui3r 1, 1980
2. Approved the final Valine Subdivision map; accepted easements
granted for light and air; and accepted easements for public utility purposes
(including sewer, water, electric, gas and communications facilities).
3. Accepted the improvements on Nottingham Park Subdivision;
authorized the release of time certificates on deposit; and began the one
year maintenance period.
4. Approved contract change order ~~1, Ord Ferry Road Bridge at
Hogback Drain, Project ~~42071-79-1 in the increasing amount of $1,398.46
providing for removing existing concrete footings of the old bridge which
conflicted with driving piles for the new bridge and the Chairman authorized
to sign.
5. Accepted the work of R. M. Harris Company fox woxk on Ord Ferry
Road Bridge at Hogback Drain, Project ~P42071-79-1; authorized the Chairman
to sign the notice of completion and directed the Clerk to file the notice
of completition with the Recorder.
6. Approved the plans and specifications for the bicycle path
crossing of Lindo Channel, Project ~~CBW 77-1; authorized the Chairman and
Director of Public Works to sign the plans; adopted the wage scale; set
the bid opening for July 24, 1980 at 11:00 a.m. in the Public Works Office;
and authorized the Public Works Department to do minor grading by force
account labor.
1071 PUBLIC HEARING DATE SET
A public hearing date of July 22, 1980 at 10:30 a.m. was set
for consideration of Burl D. and Patricia A. Fiant interim zone "AR-MH-3"
(agricultural-residential-mobile home - 3 acre parcels) extension.
Supervisor Dolan stated the Board had received a memo that indicated
e there was no need for the extension of the interim.
1072 ADDITIONAL ITEM PRESENTED BY PUBLIC woxxs
Clay Castleberry, public works director, stated he had sent
the Board a letter giving the status of the Butte County transit funding.
The committee has felt there were problems with the federal funding.
He will be asking the Purchasing Office to call for bids in three weeks.
He will be calling fox bids for operation in about 30 days.
1073 PUBLIC HEARING DATE SET FOR BURL D. AND PATRICIA A. FIANT EXTENSION OF
INTERIM RESCINDED
Chairman Lemke advised that Counsel has stated that a public
hearing date does not have to be set for consideration o£ the extension
of the interim.
Public hearing date of July 22, 1980 at 10:30 a.m. rescinded.
1074 WAIVING OF SECOND READING OF ORDINANCE AMENDING CHAPTERS 2b, 268, 27 & 28
OF THE BUTTE COUNTY CODE RELATIVE TO BUILDING INSPECTION REQUTREi~IiENTS -
CONTTNUED TO JULY 8 1980
Consideration of waiving of the second reading of the ordinance
amending Chapters 26, 26B, 27 and 28 of the Butte County Code relative to
building inspection requirements was continued to July 8, 1980.
1075 WAIVING OF FIRST READING OF ORDINANCE AMENDING CHAPTERS 20 & 24 OF THE
BUTTE COUNTY CODE REGARDING REGULATIONS AND mNTROL OF SUBDIVISIONS AND
TO ZONING RE UIREMENTS - CONTINUED TO JULY 8, 1980
Consideration of waiving-the first reading of the ordinance
amending Chapters 20 and 24 of the Butte County Code regarding regulations
Page 10. July 1, 1980
July 1, 1980
and control of subdivisions and to zoning requirements was continued to
July 8, 1980.
80-
1076 IAPPROVE REFUND OF DRAINAGE DEPOSIT - RICHARll ATTINGER
Richard Attinger-spoke to the Board regarding his request for
refund of a drainage deposit. In view of the fact that the requiring of
drainage deposits without a plan is illegal he asked that the drainage
deposit be xeturned.
Dan Blackstock, county counsel, stated that the alternative is
go provide permanent solution to drainage. The fee was a convenience
for the person to get the map approved and on the way. Now, Mr. Attinger
is saying that he wants the fee returned and he will not be doing the
work to provide drainage. The map should not have been approved. In
fairness to the developer the county accepted the fees in place of doing
the work. He recommended that Mr. Attinger take the matter to court to
get the deposit returned.
Supervisor Winston stated that the Board had given deposits
He felt that equity would demand that the refund be approved.
Clay Castleberry, public works director, stated that in this
e he had indicated there was a drainage problem.
It was moved by Supervisor Winston, seconded by Supervisor Moseley
hat the refund of drainage fees to Richard Attinger be approved on the
asis it was an illegal action on the part of the county.
Chairman Lemke stated he could not vote for the motion unless
motion was amended to include return of all drainage fees where there
no plan. The Board is receiving a request for individ:aaJs. He felt
Board should take care of all the deposits at this time.
Mr. Blackstock stated there was a question in this particular
e. Tf there were no drainage problems on his property, then he would
yes return the deposit.
Vote on motion:
AYES: Supervisors Dolan, Moseley, Wheeler and Winston
NOES: Chairman Lemke
Motion carried.
1077
PT ORDINANCE 2119: PUBLIC HEARING: DAN HAYS - REZONE FROM "A-2" (GENERAL)
"I~1" (LIGHT INDUSTRIAL), PROPERTY LOCATED ALONG THE EAST SIDE OF
ASSET ROAD ACROSS FROM THE CHICO MUNICIPAL AIRPORT, IDENTIFIED AS
48-01--4, 10 & 19, CHICO
The public hearing on Dan Hays rezone from 1'A-2" (general) to
1" (light industrial), property located along the east side of Cohasset
d across from the Chico Municipal Airport, identified as AP 48-01-9,
and 19, Chico (item on which a draft environmental impact report has
n certified) was held as advertised.
Chairman Lemke excused himself from this portion of the meeting.
disqualified himself from taking part in the action.
LEMKE ABSENT AT THIS TIME
Bettye Blair, planning director, set out the background of the
at this time.
Page II.
.rely 1, 1980
80-
b
-____--~_====Julyi, 19so_~~______________ _
Earl Nelson, environmental review director, set out the background
of the environmental impact report. This is a follow up action. The EIR
was previously certified by the Board.
Hearing open to the public. Appearing: Dan Hays. Mr.
flays stated he was requesting a modification to the depth of the "M 1"
zoning. He requested that the~oard adopt the "M-1" zoning that is presented
at this time. He also requested consideration of the additional 300' in
the back of the originally proposed "M-1" zoning. He will be happy to
file another application on this matter and pay the fees.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and carried, the rezone from "A-2" (general} to "M-1" (light industrial),
property located along the east side of Cohasset Road across from the
Chico Municipal Airport, identified as AP 48-01-9, 10 and 19, Chico was
approved, acknowledging the previously certified EIR was considered
in reaching a decision on this rezone and that there will be no effect on
the environment; the project is in conformity with all the elements of
the General Plan; Ordinance 2119 was adopted and the Chairman authorized
to sign. AYES: Supervisors Dolan, Moseley, Wheeler and Winston. ABSENT:
Chairman Lemke.
CHAIRi~1AN LEMKE PRESENT AT THIS TIME
1078 COMPLAINT REGARDING VIOLATION OF USE PERMIT ON MATHEIS PROPERTY', COHASSET
STAGE AREA REFERRER TO PLANNING COMMISSION
&evin Myer spoke regarding a complaint of a possible violation
of a use permit on the former Matheis property now owned by Butte County
Lumber, Inc. He showed the Board photos of the operation. It was his
understanding that this operation was presented as a one man operation
hen the use permit was granted. The use permit was for no more than
seven employees. He has filed a complaint with the Fire Department on
the problem of sawdust on the property that could create afire hazard.
Butte County Lumber Company, Inc. has 37 or more employees and operate
until midnight during the week. He has contacted the mill employees and
as berated that he had gone to the county departments. There was a plan
filed for the mill with the Planning Department. He felt there had been
a violation of the use permit. Mr. Myer explained the photos at this time.
Mr. Myer was going to take the photos to the Planning Department.
The matter was referred to the Planning Commission to hold a
hearing on consideration of possible violation of the use permit. Mr.
Myer took all items ~eresented to the Board. He will present them to the
lanning Department.
1079 SUPPORT LISTING OF MAGALIA COMMUNITY CHURCH IN THE NATIONAL REGISTER
LETTERS OF SUPPORT TO BE SENT TO NECESSARY AGENCIES
Carl H. Worthington asked for help in having the Magalia
Community Church placed on the Butte County Historical Register and on
the state and federal Historical Register. He is asking assistance to
ave this placed on the registers. It is necessary to have the church
placed on the federal register before federal monies can be used to
elp finance the upkeep of the building.
On motion of Supervisor Lemke, seconded by Supervisor Moseley
unanimously carried, the placement of the Magalia Community Church
the National Register was supported and letters of support are to be
t to the necessary agencies.
Page 12.
July 1, 1980
80-1080
3
__ July 1, 19so ________
ADOPT ORDINANCE 2120: PUBLIC HEARING: ARTHUR E. HALL - PROPOSED NEGATIVE
DECLARATION AND REZONE FROM "TM-20" (TIMBER MOUNTAIN -- 20 ACRE PARCELS) TO
"TM-5" (TIMBER MOUNTAIN - 5 ACRE PARCELS) FOR PROPERTY LOCATED APPROX. l/2
MILE EAST OF FOREST RANCH, IBENTIFIED AS AP 56-24-27
The public hearing on Arthur E. Hall proposed negate
and rezone from "TM 20" (timber mountain - 20 acre parcels) to
nountain - 5 acre parcels) for property located approximately
cast of Forest Ranch, identified>;as AP 56-24-27 (portion) was
advertised.
ve declaration
"TM-5" (timber
1/2 mile
held as
Bettye Blair, planning director, set out the background of the
rezone.
Earl Nelson, environmental review director, set out the background
of the negative declaration.
Hearing open to the public. Appearing:
1. Arthur E. Hall. Mr. Hall presented a letter from George
Henson, who owns a subdivision east of his property. This letter shows
consideration for a circular road that is partly on his property.
2. Russ Croninger, Ringel and Associates. Mr. Croninger
stated that the General Plan shows the area as agricultural residential,
one to forty acres. The rezone is a reasonable request. The Bailey
property adjoins this property. He did not feel this was setting a
precedent. He would like to see in the Planning Director's report,
seven - five acre parcels. There is three - five acre parcels, one -
six acre parcel and one eighteen acre parcel.
Hearing closed to the public and confined to the Board.
x:081
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, finding the proposed project could not have a
significant effect on the environment, a negative declaration was accepted.
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and uanimously carried, the rezone from "TM-20" {timber mountain - 20 acre
parcels) to "TM-5'* (timber mountain - 5 acre parcels) for property located
approximately 1/2 mile east of Forest Ranch, identified as AP 56-24-27
(portion) was approved; finding the environmental determination has been
considered and the project is in conformity with the General Plan; Ordinance
2120 was adopted and the Chairman authorized to sign.
IPUBLIC HEARING: SACRAMENTO AVENUE ASSESSMENT DISTRICT N0. 1 - ENGINEER"S
'REPORT AND DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY - CONTINUED
'TO JULY 29 1980 AT lO:OD A.M.
The public hearing on the Sacramento Avenue Assessment District
No. 1 determination of public convenience and necessity was held as
advertised.
Mark Risso, McCain and Associates, set out the description of
the district. This is a storm drainage district. The district will have
.pollution control devices. The facilities will be installed on Hwy 32.
'Mr. Risso set out the history of the district. It was started in 1975.
The resolution in 1976 set the district up under the 1911 Act. This
was changed between 1976 and 1979. The State of California was determining
approval :af Hwy~32.~;~In.;Apr1•,-1979 the state determined to participate
in the storm drainage. In May, 1980 a negative declaration was adopted and
the call for bids was made. The bids were opened on June 25, 1980. The
drainage district does not stand by itself. There are improvement costs
Page 13.
July 1, 1980
July 1, 1480
80- by-CalTrans, PT&T and PG&E undergxounding their facilities. This is an
v estimated cost of $480,000. The City of Chico is improving Sacramento
Avenue to the railroad tracks at an estimated cost of $35,000. The storm
drainage facilities will cost $1,113,000 for the district. California
Water is paying $40,000. This project is about $2.5 million for all the
improvements. There were a couple of errors in the low bid and it is now
$851,000. There is no drainage district proposed across the tracks.
The boundary to the south is Big Chico Creek and Hwy 32. The general fall
of the land is away from Big Chico Creek. These were not included in the
bid. Mr. Risso set out the coloring on the maps as to what the cost
of the assessments would run. The overall problems concern pedestrian
safety, bicycle safety and vehicle safety on Hwy 32. There is a problem
along Columbus and Sacramento Avenue with puddles in the road. There have
been dry wells used in the area. The Health Department has indicated
that dry wells could present a health hazard because the water could get
into the shallow well strata. Further development along Hwy 32 and
Sacramento Avenue will be impeded without the storm drainage facilities.
The state's project along Hwy 32 depends on the district. They have determined
the special benefits throughout the district. These have been divided
into certain segments.
Mr. Risso stated that the runoff characteristics determined the
drainage benefit. They evaluated each parcel in the district. In no
case is the parcel higher than i£ they determined to put the improvements
in themselves. Another special benefit assessment was placed on the
properties that have frontage along Hwy 32 for those that do not have
curbs and gutters. Processing charges were also added to the assessments.
The people who have made deposits will have those deposits applied to the
assessments. The assessments run from under $1,000 per acre to between
$10,000 and $11,000 per acre.
They have received about ten letters of protest. Two of the
letters of protest were received from Mr. and Mrs. James Evans, assessment
No. 136 and 178. They propose to combine those two parcels. There is
also a letter o£ protest from Shastan Company, assessment No. 40. The :state
has completed the property which severs one-half of their property.
He recommended an adjustment to reflee~ acquisition of state property.
There maybe other properties that are not completed regarding acquisition .
by the state of property. He felt these should be changed. If areas were
removed from the district the cost would be spread to the other areas
of the district. If Bidwell Drive were removed it would only increase
the other areas by about one percent. The state will contribute $122,500
to the project. The bids are within the estimated amounts. The line
from the private property to the system would be the private property
owner's burden. The assessments were also based on the possibiiity
of divisions and multi-use in the future.
Hearing open to the public. Appearing:
1. Bill Purdan. Mr. Purdan stated that he has mu~.ti-units.
His assessment is $9,040 plus. There would be nc benefit for his property.
His property does not drain toward the street. There is no flooding on
the property. The area in front of the swimming pool would cost $100
to difiert to the drain system. The water table is important to the rice
farmers. The runoff was contaminated for irrigation. It is known fact
that the Health Department says that there must be 75 feet between the
wells and septic tanks. He felt that runoff helped the water supply.
They are contributing th the flooding downstream. There is also water
being transported to southern California. Water is being pumped into
the delta to keeg salt water out. The water could be pumped from the
iow spots and make a park wine a lake for the enjoyment of everyone.
Page 14.
July 1, 1980
80-
July 1, 1980 -
He felt something constructive could be done with the water. The increase
in the assessment of the property would cause an increase in the rent
charged to the students. He felt it was good to haae a highway. He felt
the ground could be drained without putting the storm drainage facilities
in by putting in gravel.
2. Will Bishpp, Department of Fish and Game. Mr. Bishop
stated he was concerned with the water quality aspect of the drainage
system, urban runoff. The EPA has done studies on runoff and the study
had indicated that the runoff has more potential pollutants than the
waste from sewage. There has been no ETR to determine the pollution
to the streams. He would like to see an EIR done on this project. The
Water Quality Control Board has not submitted any reports he was aware
of. There is another concern which is the potential loss of habitat
due to the increase in the chann~~. The added water in the channel would
increase Flooding problems. There is only one percent of the previously
existing riparian habitat left. If the channel were changed because of
the increased amount of water, there is a potential danger to the riparian
habitat. Out of the six streams in the Chico area the wildlife fisheries
have virtually been eliminated. Big Chico Creek is the only one left
for anamous fisheries. It has the potential for spawning steelhead,
trout and salmon. Permits have been issued by the Department to McCain
and Associates for the outfall structures. They would have some potential
for eliminating pollutants. By granting the permit, it does not mean
that the department agrees with the project. The Department of Fish
and Game dies not support this project. Mr. Bishop felt that it would be
better to direct the runoff to Lindo Channel instead of Big Chico Creek.
If there is a~.need for the other side to be drained it should be sent to
Little Chico Creek.
3. Katherine Whitney. Ms. Whitney read a prepared statement to
the Board. She presented many questions which she asked be answered
in writing. These were set out in the letter read to the Board.
She was against the assessment district.
Supervisor Dolan stated it was her understanding that when
an assessment district is formed, the county is the governing body of
that district.
RECESS: 12:28 p.m.
RECONVENE: 1:38 p.m.
4. Orville-'`Bud" Tracy. Mr. Tracy stated he had sent a
letter of protect to the formation of the assessment district. He is
representing four property owners. Mr. Tracy set out on the map were
the properties were located. He has a single family residence that
is 1.27 acres. Tt fronts on Sacramento Avenue. Tf he were to develop
the property further, it would be necessary to remove the home that is now
on the property. He has no interest in developing the land. If the
assessment is based on apartments, this is not good. He is assessed
$11,404 and Susan Morse is assessed $11,400. Mr. Warnock's property is
the same size and his assessments $11,400 last week. Muriel Turner's
property could drain into the creek. She owns three lots that front on
Sacramento Avenue and the total assessment on her property is $56,000.
Mrs. Turner wants here property removed from the district. She has been
working on development of that grogerty for nine years. She would want
the developer to have to pay for the drainage. There is no idrainage
problem on his property. He felt this was a condemnation of his property.
This would take one-hal€ of the equity he has in the property.
Page 15.
July 1, 1980
80-
J_ulyl, 1980 _ ___ ____
5.- Roy Bowersox. Mr. Bowersox stated he-owned property on
embus Avenue. He has had no problem with drainage on Columbus since
n the affluent drain was run down Columbus Avenue to the Walnut Woods
rtments. Now we have some puddling. The assessment on his property
$11,000 for one--third of an acre. He has student rentals. This
a is in the area of college rentals. He asked that Columbus Avenue
deleted from the district.
1975
6. Fran Wagstaff. Ms. Wagstaff read a prepared statement at
is time. She was surprised that the district was made larger thaw. was
tablished in 1975. This is not being considered under the 1911 Act
t now being considered under the 1913 Act. He assumed that the original
strict had been disbanded. She gathered the district had been amended
increase in size. The reason for the five inch pipe was because it would
ain 133 acres. This was for a 40-year storm. She was concerned with
e capacity being enlarged. That would allow development on the west
de. The environmental concerns for Big Chico Creek are ualid and
ve not been addressed. There are a lot of unanswered questions.
Dan Blackstock, county counsel, stated that the, reason the
my changed to the 1913 Act was to get a lower bid. Tf the 1911 Act
used there is a discounting process the contractor goes through.
Ms. Wagstaff stated the estimated cost for the project in
1976 was $391,000. This came out to be $2,000 per acre. She felt
this entire matter should be considered under a different district since
the boundaries and Act have been changed.She asked that those areas that
border Big Chico Creek be deleted from the district. She thought that
everyone on Bidwell Drive had signed a petition against the district.
7. Mr. Ortega, Cookts Trailer Park. Mr. Ortega did not
know how he was assessed for $11,045. He felt the appraisal was not right.
Mr. Gerhardt was assessed for a parcel he did not own. There has never
been any flooding in the trailer park. He objected to the assessment and
district. He did feel there was a need for the district. If development
3s going in, it is up to the developer to take care of the drainage.
8. William Mendonsa. Mr. Mendonsa stated he owned three pieces
of property. Part of the property under the assessment district belonged
to relatives of his. He submitted a petition signed by 140 people along
Hwy 32, Columbus Avenue, Bidwell Avenue, Steward Avenue and such. Even
the businesses along Hwy 32 have signed the petition. He felt there
was a need for drainage along Hwy 32. He felt that the drainage needed
for his property was minimal. Safeway has problems with drainage because
the drainage facility was not put in properly. Mrs. Watt is also opposed.
He submitted a letter from Mrs. Kinnie.
9. Lynn Thomas. Ms. Thomas stated she lived across Big Chico
Creek from the district. The five foot diameter pipe would come out of
the creek just opposite her property. She has environmental concerns.
She felt the best way to run the storm drainage facility would be down
the right-of-way to the railroad track to Lindo channel.. She felt the
size of the pipe was excessive.
10. Clara Jones. Ms. Jones stated she signed the petition.
She has heard the problems this would create for the students. It would
also create a hardship on the little old widows. There are six widows
on Bidwell Avenue.
11. Russell Darling. Mr. Darling, representing Mr. Bushwaller.
;The costs for the assessment of their portion is about $38,000. There
Page 16•
July 1, 1980
July 1, 1980
80-
are three dry wells on the property. They do a good ,job. They have never
had water standing. The project was developed about five years aga.
The property is made like a bowl. He was not sure what the five foot
drain pipe would do. He assumed it would have a gate. He was concerned
the gate might-be plugged and create a flooding problem. He was concerned
with safety. This is a student complex. He would like to be out of
the district.
12. Lewis Everett. Mr. Everett stated his assessment was $3,914.
He is representing his mothex. This is retirement income for her. There
would be no benefit to her being in an assessment district. The water
from these properties drain into the ground. There is no runoff. He
submitted a letter of protest.
13. Muriel Turner. Mrs. Turner was opposed to the district.
She is assessed $56,184.16. There is 300 foot frontage on Bidwell Avenue
and 300 foot frontage on Sacramento Avenue. This is a question of economics.
14. Ray No1ta. Mr, Nolta stated there was a drainage problem
on Bidwell and Oak Lawn about ten years ago. Mr. Castlebery has been
working for ten years to get something done on the drainage. Mr.
No1ta stated he had put his drainage on septic tank. He has not had
any problems with his property. He knew there was standing water on
Sacramento Avenue and on Hwy 32. This was engineered improperly.
The drainage could be put in right for a fraction of the cost of the
district.
15. Bill Purdah. Mr. Purdah stated he wanted out of the
district. He did not think that a canvass of the area would show anyone
in support of the district. He has not heard any support for the district.
He agreed there was a problem on the highway in some places. The highway
needs to be improved from a safety standpoint. He set out different
areas that had problems. He felt they could take care of the groblems
themselves.
16. Oroville Tracy. Mr. Tracy asked what percentage of the
owners was needed to be in favox of the district.
vote determines it is necessary. The letter of protest should have sufficient
information to show who the owner of the property is. The protests were
to have been submitted as of 11:15 a.m. this morning. The Board can
consider written protest from the geople at the time of the hearing.
There is considerably less than 50% filed.
Bob Brunsell, bond counsel, stated 50 percent by area would
need to be in favor of the district. If written protests are filed at
the time of the hearing by owners representing more than 50 percent
of the area then the project is defeated unless the Board by a 4/5
Chairman Lemke stated the Board had a petition that may or
y not be valid. There is evidence of a serious lack of support.
was going to continue the hearing and allow protests to be filed
later than 5:00 p.m. on July 28, 1980.
Mr. Blackstock stated the lettes of protest should be allowed
til the commencement of the hearing.
Mr. Brunsell stated they were talking about two different things.
There is the case of whether the Board has the jurisdiction to proceed
with the assessment district. For that purpose a determination is made
as to whether 50 percent have filed protests. The second question is
the discretion of the Board. Any interested person, owner or not
Page 17.
July 1, 1980
July 1, 1980
80-
has the right to come and speak to the Board or file a letter of protest.
This can be considered by the Board. Even though there is a majority
protest the Board can consider other things. The Board has the power
to continue the hearing.
Supervisor Dolan stated she would like to have the people notified
by mail of the continuance. She would like everyone to know the Board
is giving them an opportunity to still talk to the Board.
The hearing was continued to July 29, 1980 at 10:00 a.m.
1082
RECESS: 2:43 p.m.
RECONVENE: 3:00 p.m.
PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION - CONSIDERATION OF
PROPOSED NEGATIVE DECLARATION AND AMENDMENT TO BUTTE COUNTX GENERAL PLAN,
HOUSING ELEMENT - CONTTNUEA TO OCTOBER 7 1980 AT 10:00 A.M.
The public hearing on Butte County Planning Commission consideration
of proposed negative declaration and amendment to the Butte County General
Plan, Housing Element was held as continued.
Bettye Blair, planning director, set out the background of
the element. She requested a continuance from the State Housing and
Community Development. She asked that the Board not act on this matter
at this time.
Patt McCafferty, Connerly and Associates, set out the background
of the work that has been done on the element. The guidelines do not
requixe that the state approve the element only that they review the
element. He asked that the matter be continued so they could meet with
the state and try to negotiate= the problems the state has found in
the element.
Hearing open to the public. Appearing:
1. Bernice Stanhope. Ms. Stanhope asked that she be considered
as a member of the committee to meet with the state regarding this matter.
2. Diane Gormann. Ms. Gormann read a prepared statement
regarding the opinion of the Butte Business Alliance. They are opposing
the inclusionary statement.
Hearing was continued to October 7, 1980 at 10:00a.m.
1083
Chairman Lemke and Supervisor Wheeler to serve with staff
to meet with the state on this matter. Ms. Stanhope is welcome to come
to the meeting but will not be allowed to participate as a member.
REPORT TO BOARD CONCERNING GENERAL ASSISTANCE RE UIREMENTS AND POLICIES_
Mike Bush, Butte County Legal Services, spoke to the Board
regarding the requirements by Butte County to receive General Assistance.
He did not feel that the work requirement was a pre-requisite to receiving
general assistance. Butte County allows more for the general assistance
grants than the neighboring counties. The Welfare director was concerned
that the people from the other counties would be coming to Butte County
to obtain a grant. This is why certain rules were started. There are
nine separate points raised in the letter he has written to the Board.
These can be broken down into two areas, the pre-eli~giblity and after
a person is on the program. There is a policy that requires cooperation.
Tice person has to look for work. The person has been assigned to a work
project before they were eligible for the program. After this person
Page 18.
July 1, 1980
July 1, 1980
80-
3
was on the work project, they were determined to not be eligible. He felt
that the person should be eligible before they are placed on the work project.
He was concerned that a person was placed in jobs that did not always meet
their skills. He felt the people should be furnished with the necessities
to be able to look for work. They would need clothing and soaps. This person
was not told they had to get prior approval to look for a job. They
did not show up for the wnrk project as they were looking for work. They
were disqualified from the program. The denial letter does not lot the
person know they have the right to appeal to the Board. The amount of
money paid on a bi-monthly basis is not enough. There was a prior allowance
for personal needs. The amount of the grant is $160. He estimated that
the people get about $120 for a grant. He felt there was a solution to
this problems This is a state mandated program. He felt the state should
be required to pay for the program. He felt they should be forced to
raise the level of general assistance. He would be happy to work with
the county on this endeavor.
Bob Crisan, welfare director, stated he had written the Board
a lenghty memo. He agreed with Mr. Bush that the state should take the
program over. The other counties get by without a program by agreeing to
reject the eligibility of the person involved. The Board would tYen reject
the total appeal. He felt the memo had covered the area. There was a
problem where the case was corrected. There are errors. Whenever an
error is discovered, there is no problem correcting that case. Their
office does not refer a person to a work project unless all the eligibility
requirements have been met, with the exception of the work requirement.
A warrant is issued for the person who shows up for the first day of work.
If the person is referred to work and they do not show up the person
receives the foodstamps and medical cards but no cash. Prior to the work
program there were 30 to 40 persons on general assistance. After the
work program there were about 18 people. The person who shows up for
one day of work received one-half month allotment. Some individuals
work four hours and receive $80 plus foodstamps and medical. There are
between three and five employables in Chico.
Mr. Bush stated that it is difficult for some of these people
to get into the cities for work. They live in the mountain areas. Many
times they have to live in the mountain areas because that is the
only place they can afford. He felt the work program was a good program.
He did not think the work requirement should be part of the eligibility
requirement.
Mr. Crisan stated they have a work search requirement. The
on must present this card at the places they look for work. The
ral Assistance manual requirement is that the person look for work
ng the first month of eligibility, one of which is the recruiters.
recruiters are listed as training agencies. Some of these people
.for work through CETA.
Mr. Bush felt the problem with the CETA program is the federal
requirements. He felt that the people applying for General Assistance
should meet the eligibility requirements and then be eligible for the
work project. That is not what is happening. The Welfare Department is
telling these people to go to work. He did not want them to be part of
the eligibility requirement.
Mr. Crisan stated that in Section 17602 there is no where that
the people are excluded from work. The only people excused are those
incapable of working. There has been a work project with General Assistance
since it was started in 1957. They have a difficultq in maintaining a
work program because of the problems of supervision of the people.
Page 19.
July 1, 1980
80-
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_ _ July 1, 1980 _ _ _ _ _ _ _ _
Mr. Crisan stated that their office considers the immediate need.
If a person must have funds, their office will process them on the
basis of the need and the person is required to report for work the
following day. Tn September, 1978 there were 18 individuals on General
Assistance. Five of these people received money the day they applied for
assistance with the understanding the3i were to report for work the
following day. None of them showed up for work. Mr. Crisan set out how
the grant is figured. The $160 is the basic payment. The amount of money
earned or received is deducted in the same way as AFDC. There is a $10
special needs amount added to the grant. There axe options to provide
$50 additional funds whenever there is a need for such. The average
grant from March to April increased by 50 percent. The payment is paged
on a bi-monthly basis. They provide a services staff to provide assistance.
They also use organizations such as the Salvation Army if there is a need
for certain items.
Mr. Bush felt that the state should be pressured to take over
the program. He felt this hould be done by legislation. He felt this
could also be done by the court system. He will never accept that
$160 a month is sufficient. He stated that a statewide class action suit
was filed against the counties and the state. It was filed in Los Angeles.
The counties were successful in having the lawsuit squashed because
of improper venue. He felt the state could be sued successfully.
Dan Blackstock, county counsel, stated he could prepare
legislation and was sure the county ceuld get someone to carry it.
TTEMS CONTINUED TO JULY 8, 1980
The following were continued to July 8, 1980:
1. Appointment of criminal justice member to the Data Processing
Executive Committee.
2. Appointment to the Butte County Senior Citizens Council -
District 2.
1084
3. Appointment to the Assessment Appeals Board.
4. Formation of committee to review the land development
process.
5. Consideration of request to support Assembly Bill 2947.
6. Lake Madrone Water District request to reconsider previous
action with regard to funding assistance for improvements to the Lake
Madrone Dam. To be placed under County Counsel's items on the agenda.
7. Discussion of the street names and numbering in the Paradise
area. To be placed under Public Works items on the agenda.
1085
ima, Oroville. Mr. Klima writes appealing condition X61 on a
certificate of compliance relating to a $750 fee to be paid
into a road fund for Swede's Flat Road, AP 28-17-59, one lot,
north and south of Swede's Flat Road, 1/4 mile west of Hurleton-
Swede's Flat Road, Swede`s Flat area. Set for hearing July 29,
1980 at 10:30 a.m.
Bachman & Associates, Chico. The engineers, on behalf of Art Warnke,
appeal the proposed negative declaration and denial of tentative
parcel map, AP 47--25-143, three lots, west side of Hicks Lane,
1,800 feet south of Chico Road, Chico area. Set for hearing
July 29, 1980 at 10:45 a.m.
Page 20. July 1, 1980
July 1, 1980 _ _
80_ James Ortega, Chico.J Mr. Ortega writes protesting the proposed formation
~} of the Sacramento Avenue Assessment District. Handled earlier
in the meeting.
Roy Stripe, Chico. Mr. Stripe writes concerning his apposition to
proposed mileage allowance for emptoyees. Taken care of
earlier 3n the meeting.
Butte County Bar Association. The association writes endorsing the concept
of the Chico Work Referral Program. To be eonsidered at budget_.,time.
Paradise Genealogical Society. The society writes concerning the possibilities
of acquiring office space in the county building. Referred to
Administrative Office for a report back to the Board on July 8,
1980.
Robert E. Boyden, Oroville. Mr. Boyden writes concerning alternatives to
additional staff in the Sheriff's Department. Referred to
Administrative Officer to answer letter.
Assessment Appeals Board. The board members write asking the Board to
consider mileage allowance compensation or an increase of their
per diem. See motion following communications.
Geddis, Driscoll and Associates, Oroville. The engineers write suggesting
the development of an ordinance covering the fire department`s conditions
that are placed upon land development projects. Referred to the
Fire Warden.
County of Contra Costa. Sunne Wright McPeak, District 4 Supervisory forwards
a copy of the Board of Supervisors resolution relative to the
State Energy Commission initiating hearings on the energy needs
and energy costs of the Peripheral Canal and its related facilities
and asks for the Board`s support. Matter tabled.
County`Supervisors Association of California. The association writes
forwarding information concerning Senate Bill 1726 (Title XX
Social Services Redesign) and asks that the Board comment on its
position relative to the bill. Referred to the Welfare Director
for brief analysis and report back to the Board.
Judicial Council of California. The Judicial Council writes advising of
the procedure to be followed in the selection of the Oroville
Justice Court judge. Information; no action taken.
State Department of Transportation. The department writes forwarding
information relative to requirements that must be met as far
as the Sacramento Avenue Assessment District No. 1. Con~`idered
earlier in the meeting.
Town of Paradise. The town writes requesting that the county continue to
provide environmental health services on an interim basis until
an appropriate fee schedule and agreement can be developed.
Handled earlier in the meeting.
George Robison, Oroville, Mr. flobison appeals the Advisory Agency's denial
of proposed negative declaration and tentative parcel map,
AP 27-04-62 & 64, four parcels, east side of Ma and Pa Court
off of Dreschex Tract Road, south Oroville area. Set for hearing
July 22, 1980 at 10:30 a.m.
Page 21.
July 1, 1980
_ _ Jul _ 1 19so
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Office o£ Revenue Sharing. Mr. Phillips write responding to the county's
letter dated March 11, 1980 regarding compliance with the
Revenue sharing requirements, and asking for a copy of the
county's personnel procedures. Co~npr•of Personnel Rules to
be sent to Office of Revenue Sharing.
1086 MOTION TO ALLOW PER DIEM FOR ASSESSMENT APPEALS BOARD DIES FOR LACK OF
SECOND - NO ACTION TAKEN ON REQUEST
It was moved by Supervisor Wheeler that mileage allowance be
given to the Assessment Appeals Board.
Motion dies fox lack of a second.
No action taken on request for mileage allowance or increase
in fees.
1087 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Wheeler presented the following communic$tion items:
1. Request from the North Chico Volunteer Fire•Department for
a tanker to be purchased with revenue sharing funds.
2. Letter from Helen Cline objecting to the diversion site of
Rock Creek.
3. Letter from Matson and Isom submitting a request for
penalty abatement for Ray A, and Joann Hosking.
80-
a
1085 DISCUSSION WITH FRIENDS OF THE LIBRARY TO BE HELD JULY 8, 1980 AT 1.;30 P
Supervisor Wheeler asked that a discussion with Friends of the
Library and Librsrv.aa be placed on the agenda for July 8, 1980.
Discussion with Friends of the Library to be placed on the
agenda for July 8, 1980 at 1:30 p.m,
1089 WAIVE NECESSARY FEES FOR OROVILLE RESCUE MISSION FOR PLACEMENT OF MOBILE
On motion of Supervisor Winston, seconded by Supervisor Moseley
and una~mously carried, the necessary fees for placing a mobile home on
the property for the Oroville Rescue Mission were waived,
1090 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Moseley asked :.that the Agricultural Commissioner be
asked to look into vector control because of the increase in rats in the
Gridley-Biggs area.
Agricultural Commissioner to meet with the people in the area.
Chairman Lemke advised that the Board had received a complimentary
letter from Ethel S. Crocker, state librarian.
EXECUTIVE SESSION: The Board recessed at 4:54.:p.m~.toihol:d•;an executive
session regarding litigation and meet and confer.
RECONVENE: The Board reconvened at 5:28 p.m, following an executive
session regarding litigation and meet and confer. No announcements
made.
There being nothing further before the Board at this time, the
meeting was adjourned at 5:29 p.m. to reconvene on Tuesday, July 8, 1980
at 9:00 a.m.
Fage 22.
July 1, 1980
July 1, 1480
80- TTEST: CLARK A. NELSON, COUNTY CLERK-
~ RECORDER and ex-officio Clerk
of tke Bo~a/r~d of Supervisors
/~~/e~/,//~ CHATRMAN, Board of Supervisors
Page 23,
July 1, 19.80