HomeMy WebLinkAboutM081181August 11, 1981
OF CALIFORNIA )
SS.
OF BUTTE )
81- The Board of Supervisors met at 9:00 a,m, pursuant to recess.
~,', Present: Supervisors Dolan, Saraceni, Wheeler and Chairman Moseley. C1if
Nickelson, administrative officer, by Mike Pyeatt, assistant administrative
officer; Ael Siemsen, acting county counsel; and Clark A. Nelson, county
clerk-recorder, by Nancy Wilson, deputy clerk, Absent: Supervisor Lemke
Pledge of Allegiance to the Flag of the United States of America
Tnvocation by Clay Castleberry
2203 APPROVAL OF MINUTES
', On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, corrections to the minutes of July 28, 1981 and August 4, 1981 were
as follows:
July 28, 1981, minute order 8I-214+, correction to Resolution 81-172
', and minutes to reflect: Cana Road Crossing MP-196.0 instead of Anita Road
tossing MP-193;6,
August 4,1981, minute order 81-2173, clarification of motion to
sad as follows'- regarding Dennis Sharp use permit:
dding in those conditions :as discussed with Mr. Castleberry and the develop-
', ent agreement to be negotiated with Public Works Department and covenent or
greement to cover the improvements of .the street with a bond; subject to
', he following conditions:
to Provide a permanent solution for drainage, including the protection of
', downstream properties from any flooding which may occur as a result of,
this projecto
', 20 Install onsite and offsite drainage improvements and pay assessments
based on acreage j.n conformance with the Thermalito Master Drainage Plano
', 3a Contribute pro rata share, based on amount of traffic generate, toward
the future installation of traffic signals at the intersection of Grand
', Avenue and the two highway ramps. Coordinate future installation of
', traffic signals with Caltrans, County of Butte and the City of Orovilleo
', 4. Construct vertical curb, gutter, sidewalk and 1/2 street section on
Grand Avenue frontage to RS-2A Road Standardo (HPW)
', 5. Construct vertical curb, gutter, sidealk and 1/2 street section plus
', i2' (30' pavement total) along 20th. Street frontage to RS-2A Road
Standard. (DPW)
6. Construct vertical curb, gutter, sidewalk and 1/2 street section on
', 18th Street frontage to RS-2A Road Standardo (DFW)
7. Construct 1/2 street section along 18th Street from northerly property
line to Grand Avenue with 2" AC & A8"AB to RS-3B Standard. (DPW)
8. Provide a 1' no access strip along all road frontages except at 2
', access pointso (DPW)
9a Provide a permanent solution for drainage, submit construction and drain-
age plans to Department of Public Works for approval and install the
', required facilitieso (DPW)
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L0. Mobile homes and buildings to connect to Thermalito Irrigation District
sewer and water. Obtain letter indicating T.I.D. will provide sewer
and water service. (EH)
11. Submit plans for swimming pool and recreation building to the Butte
County Health Department for review and approval prior to constructiono
(~)
12. Provide a 10 fto public utilities easement for underground PG&E
facilitiesa (PG&E)
13. Meet requirements of Butte County Fire Department.
14. Grant an Avigation Easement over the property to the County of Butte
and to the City of Oroville prior to occugancy.
15. Applicant must also comply with all other applicable State and local
statutes, ordinances and regulationse
Continued to August 18, 1981 approval of the minutes of August 4,
1981.
APPROVAL OF ADDITIONAL AGENDA ITEMS FROM BOARD MEMBERS TO BE ADDRESSED AT
THE END OF THE DAY
Supervisor Wheeler had a question regarding property taxes she
would like Carl Morton, Treasurer-Tax Callector, to addresso
Supervisor $araceni stated he would like clarification of a motion
on Veteran Halls from the August 3,-1981 meeting,
RECESS: The Board recessed at 9:07 a.mo to holdcclosed~session to discuss
litigation.
RECONVENE: The Board reconvened at 9:23 e.m. after halding closed session
to discuss litigation. No announcements were made at this timed
WAIVE FIRST READING OF ORDINANCE AMENDING COUNTY CODE AT IT RELATES TO HOURS
COUNTY OFFICES ARE OPEN FOR TRANSACTION OF PUBLIC BUSYNESS
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, the first reading of an ordinance amendiag the County Code as it
relates to the hours county offices are to be open for the transaction of
public business was waivedo
AUTHORIZE RELIEF FROM_ACCOUNTABILITY - GRIDLEY MEMORIAL HALL
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
'carried, relief from accountability for fixed assets which caanot be located
at the Gridley Memorial Hall as requested by the Assessor and Public Works
Iwas authorized.
ACCEPTANCE OF FIRE APPARAT[JS - KELLY RIDGE VOLUNTEER FIRE DEPARTMENT INC.
John Hawkins, assistant division chief, representing Fire Warden
William Teie, presented two members of the Kelly Ridge Volunteer Fire
Department requesting the acceptance of new heavy squad,
Dave Purvis asked the Board to accept the new squad. They received
$1,000 from the Jaws of Life> It cost close to $15,000 to purchase the cab
and chassie from Oroville Motors.
Supervisor Saraceni stated these individuals extend their time
over and above the call of duty,
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August 11, 1981 _ _
J ~ On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
carried, the fire apparatus from the Kelly Ridge Volunteer fire Department,
Inc, of a new heavy squad to replace the existing county unit with the new
squad_ being purchased with funds raised by the volunteer in accordance with
the criteria list and conditions was accepted as county property,
CLARIFICATION OF MOTION FROM AUGUST 3 1981 BUDGET HEARING RE: VETERAN'S HALLS
Supervisor Saraceni stated he would like clarification on the extent
of the motion that was made on the Veterans Hall at the budget hearing held
on August 3, 19810 He would like clarification or a motion of intent that
said go ahead and fund the portion turning aver the Veteran Halls for $1
a year to the Veteran organizations on the halls and the County would accept
the responsibility of paying for the utilities and the major upkeep and the
installation of a sprinkler system in the Chico hall which needed to be
replaced,
Supervisor Dolan seriously questioned this procedureo They are
not in budget session,
Supervisor Wheeler stated there are several other things under
considerations
Supervisor Saraceni stated the basic reason was because the Auditor
had some problems with the figureso
Supervisor Dolan stated there was $125,000 in the budget and the
rest of the talk of the hall is not going as smoothly as they had wished,
This could be considered on the 26tho
Supervisor Wheeler stated maintenance is going to continue.
Mike Pyeatt, assistant administrative officer, stated they could
look at it as budgetary and directly to staff. Perhaps a motion of intent
to develop contracts along those lines with the Veterans Hallso The $127,000
would take staff away from the halls, fihere are some previsions for
operating the hallso
Supervisor Dolan stated there was a lack of clarification by
Board memberso The motion said get out out of-the business and turn them
over to city groups for $1 so they would be tax freed
Supervisor Wheeler stated until alI of this is negotiated, the
items Supervisor Saraceni speaks to on. the cost w~icEi is~gong'to b'e..assumed
by the county.
Chairman Moseley stated they are not being terminated right nowo
Anyone could do the custodial worko They will need contracts to keeg it going,
Supervisor Wheeler stated she felt it should be discussed during
budget sessiono If they are negotiating, how can they make a decision until
they know what they have.. Mr. Castleberry will bring back a report.
Supervisor Dolan stated because of the lack of understanding on
the dollar amount is the motion. There is enough money for insurance and
.utilities.
Supervisor Saraceni stated there would be a limit of times It
iwould be rough on the 28th, Theq must look for rentals and organizations,
iHe was asking for some type of decision and way that they might bring
jdirection to where they may goa
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ChairmanJMoseley stated at that time they would have figues on it,
unless the Board votes on it, -They are still in business until the 28th,
Custodians will be taken care of until then. It is still flying. Right
now they are operating and being taken care of. There is money for utilitieso
Supervisor Dolan stated they should list what it is they agree
on, her understanding is they all agree the budget.reductions meet the
reductions of custodial staff, salaries and benefits. That is what they
are asking of the Veterans. It does not include utilities, insurance,
maintenance and major improvements of the building. They all voted to keep
the sprinkler system in the present budget for Chico, They all knew they
were voting on that. They are going to talk over the issue of~custodians
and insurance on the 26tho At this point the sprinkler system is still
in the budget,
There was a motion of intent by Supervisor Saraceni.
No action taken at this time.
'22x9
APPROVE ADMINISTRATION AND_OPERATION TTE AND COMMUNITY.ACTTON AGENCY
On motion of Supervisor Dolan,, seconded by Supervisor Saraceni
and carried, the following Administration and Operation items were approved:
Administration and Operation
1. Authorized destruction of xecords pursuant to Government Code
Section 26201 for welfare administrative claims (1977-78 and 1978-79) and
welfare warrant registers (1966-67 throught 1974-75) as they have been
microfilmec~y the Auditor's office.
2. Approved the deposit on the Pheasant Run Subdivision (City of
Gridley) as developer has deposited $1,177.32 for taxes for special assess-
ments which are a lien, but not yet payable for the subdivision within the
City of Gridleyo
30 ~a) Approved penalty abatement request for James L, Thengvall,
AP 029-ZO-0-033-0
(b) Approved penalty abatement request for Pauline M, Brown,
AP 040-03-0-045-0 and 040-03-0-044-0
(c) Approved penalty abatement request for Mr. and Mrs. Ramirez,
Jro, AP 035-12-1-003-0
(d) Approved penalty abatement request for Mr. and Mrs. Marvin
D, Stripe, AP 028-06-3-014-0
(e) Approved penalty abatement request for Walter J. Luczak,
AP 013-14-0-008-0
4. Approved the following budget transfers:
B-Ol - Community Action Proeram. This transfer establishes the
budget for the Community Action Agency 1981 Energy Assistance Program in
the amount of $17,332 as approved by the State Office of Economic Opportunity
on June 30, 1981. Funding for the program is from State Aid - State Office
of Economic Opportunity.
B-02 - Communitv Action Prokrara. The purpose of this transfer is
to establish the budgetary appropriation for the Community Action Agency
IWeatherization Training and Technical Assistance Grant in the amount of
$2,300 as approved by the State Office of Economic Opportunity on May 8,
1981. Funding is from State Aid - State Office of Economic Opportunity.
B-03 - Communitv Actian Program. The purpose of this transfer is
to establish a budgetary appropriation for the Community Action Agency Summer
Food Program for children grant in the amount of $9,531 for the grant to
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operate for the period June 29, 1981 through August 28, 1~81o Funding is
from Federal Aid - UoSo Department of Agriculturea
B-04 - Housine and Community Developmento Transfers $124,500 from
HCD Storm Drainage Improvement, $1,424>92 from HCD clearance costs, $3,000
from HGD relocation payments, $1,000 from intra department transfers in HCD
relocation, $13,000,08 from ATD rehabilitation (major rehabilitation loan
program), together with $49,575 in Federal Aid - ATD program income; to
HCD street improvements as follows: professional and specialized services,
$51,500 and road and bridge construction, $141,000, The purpose of this
transfer is to cover construction and engineering costs for the South
Oroville, Phase III Project,
B-05 - Community Action Pro~ramo. Within the Head Start 19$1 Grant
Xear Program, transfers $250 from office expense to transportation and travel
in order to provide additional budgetary appropriation to cover line item
deficienciesa This transfer is within the grant guidelineso
B-06 - Community Action Prozramo Within the Community Food and
Nutrition Program 1981 grant year, transfers $3,667 from salaries-and wages
and $300 from other costs; with $2,106 going to travel, $700 to consumable
supplies, and $1,261 to rents, lease and purchase of equipmento This transfer
is pursuant to budget modification ~~l as approved by the Solano County
Economic Opportunity Council on July 15, 1981,
B-07 - Community Action ProQramo Within the Rural Senior III B
,Supportive Services project, transfers $914 from fringe benefits to salaries
',and wageso Within the Rural Senior Service Project 1981 grant year, transfers
appropriations to reflect a $4,201 program income reduction as approved by
,the Area Agency on Aging on July 1, 1981,
B-08 - Communit .Action Pro rams Within the CAA Administration
1981 grant year, transfers $4,792 from salaries and wages, $3,350 from
benefits; with $355 going to consultant and contract services, $2,700 to
travel, $1,000 to consumable supplies, $1,210 to rents, leases and purchase of
equipment, and $7,754 to other costse Within the Community Services program,
transfers $4,115 from fringe benefits, $295 from consultant and contract
services, and $140 from space costs and rentals; and increases the appropriation
to salaries and ;wages, $2,765; travel, $1,818; space costs and rentals, $951;
and other costs, $7,2950 The transfer between line items, together with
additional Federal Aid - Community Services Administration in the amount of
$13,156 covers the necessary reprogramming of 1981 unexpended CAA funds
pursuant to budget revision ~kl as approved by the Community Services Admin-
istration on August 4, 19810
B-09 - Community Action Pro~ramo This transfer increase the
apprapriation in the Community Action Agency 1981 Housing Weatherization
Round V program in the amount of $30,000 pursuant to contract amendment ~kl
as approved by the State Office of Economic Opportunity on July 24, 1981e
Total revenue sources are from State Aid - State Office of $conomic Opportunityo
Community Action Aaes ncy
5a Accepted the Community Action Agency Head Start cost of living
grant from the Department of Health and Human Services ;in+~the.amount of
$44,805 to provde~or cost of living increase in the program for employees
retroactive to January 1, 1981, also, includes non-personnel increases which
were budgeted to account for projected deficiencies in various line itemso
6o Authorized the purchase of equipment for Community Action Agency
from the Community Services Administration grant which includes a calculator,
$150; typewriter, $1,000; and a tape recorder, $60,::and from the Community
Food and Nutrition grant a calculator, $150,
Page 139, August 11, 1981
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A public hearing date was set for September i, 1981 at 10:00 a,m,
for consideration of a petition fox variance to Sections 19-10 and/or 19-12
of the Butte County Code for placement of a mobile home on AP 36-31-96,
6085 Upper Palermo Road, Palermo area, zoning: interim "AR-MH" for Bill
and Sandy Malcolm, Jr,
ACCEPT COMMUNITY DEVELOPMENT BLOCK GRANT - HOUSING AND COMI~UNTTY DEVELOPMENT
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler-and
carried, the Community Development Black Grant from the Department of Housing
and Urban Development for 1981-82 in the amount of $500,000 for the period
commencing October 1, 1981 as follows: acquisition of real property, $75,000;
relocation assistance, $45,000; clearance activities, $15,000; housing
rehabilitation, $283,500; public works, $'S7-,500; and administration, $24,000
was accepted and the Chairman authorized to sign grant agreement.
Jess Ehmke, Disabled Rights Organization, spoke regarding the
approval of the grant. He asked last week to have Section 502 and 504
of the regulations looked into. He would like a~motion to have a committee
formed or compliance of enforcement, HUD has not been in compliance for
accessibility of disabled individuals. There are units in Oroville and Chico
which do not comply. There-are.fewrsigns for theblind~people> Most people
are not familiar with the regulations, They are told it is costly to
implement these changes. There is funding for these special regulations.
He testified in 1978 at the Architect Building Commission.
Supervisor Saraceni stated the rehabilitation money is in the
El Medio areao They approved a loan in the Chapmantown area three weeks
ago, The individual people have to pay for this work to get it started.
They are to decide on the access areas for handicaped, He appreciates what
they are trying to do, He would like a copy. of the documents Mro Ehmke
speaks of o
Supervisor Txheeler stated at last weeks meeting they had requested
the Butte County Housing Authority Director come and speak to the Board
regarding this evidenced She stated if they were not in compliance the
funding would be cut off<
De~.:,Siemsan-aetingeov~lt~y counsel, 9$ated a:cbmplaint must 'be made to
the body that can. do something about it. This Board cannot tell CARD or
Housing Authority what they must dos They do not have the authority to.do sod
Mike Pyeatt, assistant administrative officer, stated they have
contacted the Housing Authority and there should be information forthcoming.
CLOSED HEARING: JOSEPH FALS APPEAL OF CONDITION N0. 10 ON TENTATIVE PARCEL
MAP, AP 55-25-106 (PORTION), THREE PARCELS, PROPERTY LOCATID ON THE WEST SIDE
OF ROUND VALLEY ROAD, APPROXIMATELY 1/4 MILE PLUS WEST OF CLARK ROAD,
PARADISE AREA
The ~teazing'ons'the Joseph Fals appeal of condition No, 10 (p.rovi~e
circulation from Round Valley Road to a public maintained road) on a tentative
parcel map, AP 55-25-106 (portion), three parcels, property located on the
west side of Round Valley Road, approximately 1/4 mile plus west of Clark'
Road, Paradise area was held as continuedo
Clay Castleberry, public works director, stated the Board had
already approved the appeal but had forwarded the information to the Land
Development Committee. Unless the fire department people had some other
problems to not worry about the long cul-de-sac. They have already sustained
the appeal. He stated Paradise Irrigation District had not contacted him
regarding this project, The Committee did not feel the length of the cul-de-sac
in a rural area was of great concern.
Page 140.
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Supervisor Dolan stated she would like the fire departments comments.
CONTINUE•_TO~AUGUST-.1$, 1981 - CLOSED HEARING: THERESA GEORGE APPEAL OF
CONDITION N0. 4 ON A TENTATIVE PARCEL MAP, AP 42-14-74, TWO LOTS, PROPERTY
LOCATED ON THE SOUTH SIDE OF NORD AVENUE AT THE INTERSECTION OF OAK WAY,
CHICO AREA
The hearing on the Theresa George appeal of Advisorq Agency's
Condition No. 4 (provide permanent solution for drainage) on a tentative
parcel map, AP 42-14-74, two lots, property located on the south side of~
Nord Avenue at the intersection of Oak Way•, Chico area was held as continued.
Clay Easfleberry, public works director, stated there is develop-
ment along Highway 32, He suggested they go ahead with an irrevocable
covenent for if and when they are ready to proceed,- He suggested this be
held until he could contact the applicant and accomplish somethingo
The matter was continued to: August 18, 1981,
ADOPT RESOLUTION 81-185, EAST RIDGE ASSESSMENT DISTRICT AND APPROVED FINAL
SUBDIVISION MAP FOR RUDOLF A. SCHOTT
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, the following Public Works items were approved:
1. Adopted Resolution 81-185 and approved the agreement with
North Burbank Public Utility District covering work for East Ridge Assessment
District (Michael C, and Roseanne L. Glaze, developers} and the Chairman
authorized to sign said resolution and agreement.
2, Approved the deposit by the developer for taxes or special
assessments which are a lien, but not yet payable, in the amount of $530.44
on the Rudolf A, Schott tentatiive subdivision map; approved the final
RudolfcA;<Sehott subdivision map, nine lots, located on Sioux Court at
Indian Drive, Magalia area, AP 66-51-01 and accepted easements as described
as one, two and three of the owner's certificate as offered for dedication;
accepted grant-in-fee right of way for Sioux Court; authorized public
access across a one foot no access strip deed in Book 1690 of official
records, page six and Book 1934 of official records, page 48; and the
Chairman authorized to sign the subdivision agreement.
ADOPT RESOLUTION 81-18b, SETTING PUBLIC HEARING DATE FOR RENAMING OF PRIVATE
ROAD IN CHICO ADDRESS AREA
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and.
carried, Resolution 81-186 setting a public hearing date of September 15,
1981 at 10:00 a.m. for consideration of renaming a private road in the
Chico address area from Comanche Creek Lane (from Paseo Campaneros to
end) to Paseo Campaneros was adopted and the Chairman authorized to signo
AUTHORIZE REFUND FOR BUILDING PERMITS - DENNIS TAYLOR
On motion of Supervisor Saraceni,_seconded by Supervisor Dolan
and carried, the release of all of the $106,70 fees paid by Dennis Taylor
for building permits except the $37.50 which covered the cost of processing
was authorized,
AUTHORIZE DESIGN WORK ON ORO-QUINCY ROAD (MOUNTAIN HOUSE TO PLUMAS COUNTY
LINE) A PROPOSED Uo S. FOREST SERVICE COOPERATIVE PROJECT
Clay Castleberry, public works director, stated this is a Forest
Service proposed project from the Mountain House to Plumes County linen
He requested that the county be willing to pay for the design, The county
would participate in about 10 percent of the project as it is funded next
year, To have the design ready for when the Forest Service has the money.
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There was a motion by Supervisor Saraceni, seconded by Supervisor
Wheeler, the Public Works Department to proceed with design work for the
Oro-Quincy Road (Mountain House to Plumas County line) projectin cooperation
with the U. S. Forest Service ~tosbe authorized,
Mr. Castleberry stated the Forest Service did substantial work
in Plumas County and the design plus their share was only 10 percent of
all of the costo They will receive $15,000 to $20,000 total-for design
work, The County would provide design and chip and seal on top of the
project. He realized it was a gamble.
Vote on motion:
AXES: Supervisors Dolan, Saraceni, Wheeler and Chairman Moseley
ABSENT: Supervisor Lemke
Motion carried.
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AUTHORIZE ADVANCE ENGINEERING FOR 1981-82 PROPOSED BUDGET ROAD PROJECTS
Clay Castleberry, public works director, was requesting permission
to proceed with projects listed in the proposed budget for 1981-82. This
would include the Keefer and Cohasset Roads. He felt it was wise to go
ahead with advance engineering. They need to have some planning and faith
they will not always be in the budget shape they are in right now. The
funding for this comes from six different sources. They cut a tremendous
amount. from their budget, and it had to be done, It is important to plan
for the future. They have .rEduces their staff substantially and they are
talking about cutting another engineering position.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, Public Works to proceed with advance engineering for projects
listed in the proposed 1981-82 budget including Keefer and Cohasset Road
was authorized,
APPROVE REVISED SNOWPLOW_POLICY PROJECT
Clay Castleberry, public works director, stated he submitted a
proposal for reduction of services foz snowplowing. It would allow them
to make some of the reductions of money.. This is a big change. The reduction
would take them back to services of several years ago, The average reduction
would be $30,000. For the meeting on the 25th it would be a reduction of
at lease one more employee.
Chairman Moseley stated sometimes the snowplowing benefits one
family or one store,
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, the revised snowplowing policy of Public Works was approved with
the following reductions:
1. Eliminate snowplowing on Oro-Quincy Road, Brush Creek to Mountain House.
2, On Skyway from In skip back to Stirling City.
3. On Humboldt Road from Butte Meadows back to Lomo,
4. Binet Road, Clipper Mills area.
5. Eliminate overtime snowplowing.
'RECESS: 10:08 a.m.
,RECONVENE: 10:24 a.m.
Page 142.
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31- 2220 PUBLIC HEARING DATE SET ~' ;. ~`
{~ A public hearing date was set forfSeptember 1, 1981 at 10:15 a,mo
for consideration of the proposed negative declaration regarding"environ-
mental impact and rezone from "R-3" (medium density residential) to "PA-C"
(planned area - cluster) to allow a 45 unit residential development on
property located on the northwesterly corner of Joshua Tree Road and Posada
4Tay, identified as AP 44-61-8, 9, 10 and ll, Chico for Peter Giampaoli,
2221 te~rutel Iv ynn n~eiw
Bettye Blair, planning director, made a report to the Board on
the Robert L, Brown proposed negative declaration regarding environmental
impact and denied rezone from "A-40" (agricultural - 40 acre parcels) to
"SR-2" (suburban residential - two acre parcels) property located on the
northeast corner of Cohasset Road and Thorntree Drive, identified as
AP 48-01-17, 20, 21, 22 and 23, Chico at this time,
2222 APPROVE "CRITERIA LIST" TO DETERMINE COMPLETENESS OF APPLICATIONS IN
ACCORDANCE WITH THE RECOMMENDATIONS Ok' GOVERNMENT CODE SECTION 15054.2
2223
Discussion regarding consideration of adoption pf "Criteria List"
to determine the completeness of agplications in accordance with the
recommendations of Government Code Section 15054,2 regarding CEQA time limits
was held at this time.
Bettye Blair, planning director, stated the Board had received
her memo, She was requesting direction from themes It will take a little
bit of staff timed They would review different applications which are
confusing. They would make a "Criteria List" so everybody knows what is
expected from every type of applicationo
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the Planning Director be allowed staff time to develop a
"Criteria List" to determine the completeness of applications which is in
accordance with the recommendations of Government Code Section 15054.2
regarding CEQA time limits was approved,
APPROVE STATEMENT OF UNDERSTANDING CONCERNING AGREEMENT TO RETAIN ATTORNEY
Del Siemsen, acting county counsel, stated it was just a clarification
of the agreement with Leonard and Lyde so Dan Blackstock can handle the
work on the library in the next few months in regards. to the contracto
There was a motion by Supervisor Wheeler, seconded by Supervisor
Dolan, the mutual statement of understanding for the agreement to retain
attorney services with Leonard and Lyde be approved and the Chairman
authorized to sign.
Supervisor Saraceni stated he was not in favors He felt they
should handle this with the attorneys currently on county staffo
Mr. Siemsen stated the matter was brought up several weeks ago
regarding retaining Dan Blackstock as special counsel far handling of the
contract regarding the libxarieso All questions are being directed through .
the county office prior to contacting Mr. Blackstock. The grovision was
for Mr. Blackstock to carry on after the closing of the bonding held last
Wednesday. There has been no billing submitted,
Vote on motion:
4YE5: Supervisors Dolan, Wheeler and Chairman Moseley NOESo Supervisor
iaxaceni ABSENT: Supervisor Lemke
Motion carried, Page 143.
August 11, 1981
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CONTINUE TO AUGUST 18 1981 APPOINTMENT TO HOUSING ELEMENT fiASK FORCE
Continued to August 18, 1981 appointment to the Housing Element
Task Force - District 40
APPOINTMENT TO CORRECTION NEEDS ASSESSMENT COMMITTEE
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, the appointment of Jane Doyle to the Correction Need s: Assessment
Committee"was approved,
CONTINUE TO AUGUST 18, 1981 APPOINTMENT TO THE OVERALL ECONOMIC DEVELOPMENT
PROGRAM COMNfITTEE
Continued to August 18, 1981 appointment to the Overall Economic
Development Program Committeeo
COMMUNICATIONS
Gillinger and Associates, Inca The consultants of the Data Processing
Long Range Plan forwards information to clarify issues which
were raised in the recent Board meetingo information; no action
takeno
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Ed Brown, assessoro The Assessor requests an opportunity to be heard by
the Board at the next budget session,' Assessor to be advised
the session is scheduled for August 26, 1981 at 1:30 pome and
should have information submitted prior to the sessiono
Yuba County Water Districto The district, pursuant to Water Cade Section
31032 forwards a list of standby charges which were delinquent
as of August 1, 1981 and request that the charges, plus penalties
be added to and be made a part of the annual tax levied upon the
land in the district, Referred to the Auditore
City of Gridleyo The City forwards its Resolution Noo 48 establishing a
tax rate for the redemption of 1967 sewer bonds which are to be
included on the 1981-82 secuxed tax rollo Referred to Auditore
Mrs, Evelyn Reeder, Orovilleo Mrso Reedex writes with regard to the size
of print in public notices appearing in local newspaperso
Information; no action taken,
North Valley Center of Appropriate Technology. The organization writes
urging the inclusion of energy technologies above and beyond
the present minimum state code requirements in all future public
building constructiono Referred to Gerald Livelyo
Forest Ranch Herbicide Committeeo The committee writes requesting the Board
give consideration to establishing an ordinance which would ban
the use of herbicides in the forest and foothill watershed areasa
Referred to County Counsel, Agricultural Commissioner and Supervisor
Wheelers
Garrett M, Burt, Paradiseo Mr, Burt writes concerning the reductions of the
library budget and offers suggestions concerning operational hoursa
Referred to Josephine Terry, Librariano
Mrso George Freeland, Paradise, Mrse Freeland writes requesting that the
Board of Supervisors reconsider the reductions made to the library
budgets Referred to Josephine Terry, Librariano
Kurt Dolle, Forbestown. Mro Do11e writes requesting that the Board reconsider
reductions made to the library budgeto Referred, to Josephine Terry,
Librarian,
Page 144.
August 11, 1981
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August 11, 1981 _ _ _ _
Garrett M, Burt, Paradise. Mr. Burt writes with regard to the feasibility
of the county contracting with the Town of Paradise for law
enforcement services. Information; no action taken,
Barbara Waltman, Oroville. Mrs< Waltman writes expressing a complaint with
regard to the activities of the Sheriff's Department. Referred
to Sheriff Gillick for a report back.
Marsh, Marsh & Glusman, attorneys at law. The attorneys, on behalf of
Sheriff Larry Gillick and the Butte County Law Enforcement
Officers Association, writes requesting that the Board reconsider
reductions made to the Sheriff's budget. Information; no action
taken.
Sheriff Larry Gillick. Sheriff Gillick writes forwarding his department's
safety plan pursuant to Section 6 of the August 1980 memorandum
of understanding with the Law Enforcement Officers Association.
See motion following communications.
Heng Chan Lee, Napa< Mrso Lee writes forwarding information .with regard to
the Chinese Cemetery located on Feather River Boulevard in Oroville
and requests that the Board preserve the historical site without
alterations and asks concurrence in community beautification
efforts of the cemetery property, Referred to Public Works.
County of Ventura, The county writes forwarding information with regard
to Assembly Bill 893 (Roos) related to the California Communities
Act and requests the Board consider opposing the legislation.
See motion following communications.
Governor's Task Force on Civil Rights. The agency forwards information
related to public hearings being scheduled to gather information
on the extent and scope of racial, ethnic, and religious violence
and ways to prevent and resolve such violence in California
communities, Information; no action taken,
State Social Services Advisory Board. The Advisory Board forwards infor-
mation related to the federal budget and fiscal reductions related
to social welfare programs and advises of conferences being held
on the subject. Information; no action taken.
REJECT SHERIFF GILLICK'S SAFETY PLAN
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, the safety plan pursuant to Section b of the August 1980 memorandum
of understanding with the Law Enforcement Officers Association "submitted-by
Sheriff Gillick be rejected and request the Sheriff to put the plan together
within the resources he has.
IN SUPPORT OF COUNTY OF VENTURA REGARDTNG OPPOSITION TO ASSEMBY BILL 893 RODS
On motion of Supervisor Aolan, seconded by Supervisor Wheeler and
carried, to go on record in support of the County of Ventura in opposing
Assembly Bill 893 (Roos) relating to the California Communities, Act and
letters be forwarded to Senator Ray 3ohnson.
COUATTY COUNSEL TO CONTACT DAVID REF AUDI REGARDING PAYMENT OF TARES
Del Siemsen, acting county counsel, stated the problem-with the
taxpayer mentioned earlier by Supervisor Wheeler ';came about because a
person who is in default of taxes because of lack of funds at the time
taxes were due. Mr. Morton did not feel this was a valid reasons in order
to avoid the default,
Page 145, August ll, 1981
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August l1, 1981
Supervisor Wheeler stated it was her understanding in talking to
Ravid Refaudi, in another county even :tho.ugY1 it was in default they did
not force him to pay the interest. She would like County Counsel to write
a letter and possibly the Treasurer also indicating the procedure.
Mr. Siemsen stated this is a decision of the Tax Collector whether
he accepts the reasonso He did not think the Board has the power to over-
ride-his decision.
Supervisor Wheeler asked that he call and talk to him. The Board
could change that policy. It is in the code section what can and cannot
be donee
RECESS: 10:44 a.m.
RECONVENE: 11:04 a.m.
APPEARANCES: GEORGE'SCHWINDEMAN
George Schwindeman, Orovilie, requested that the Board consider
the actuarial study of Butte County Retired Employees during their budget
session August 26th.
Supervisor Dolan stated they have the information but they do
not have the money.
APPEARANCES: MICHAEL O'BRIAN BERRY CREEK
Michael O'Brian, Berry Creek, appealed to the Board for their great
sense of law and ordero He referred to the Sheriff's Department "hit and
rip" tactics on marijuana garden raids within the county, They are raiding
private :ipropert~r•~without warrants and :destroyi-ng private property. He felt
it was serious that law enforcement officers are to uphold the law are
breaking themo He was requesting that the Sheriff`s .Office be asked to
cease their activi-ties and adhere to the law.
APPEARANCES: BETH ;METGKER
Beth ~Metgk~e:r„ Chico, presented a resolution for the Board's
adoption regarding private financial assistance to the Sheriff's Office,
Supervisor Wheeler stated she felt Acting County Counsel, Admin-
istrative Office and Auditor should meet and review the proposal.
Mrs. Metzger stated they had 1,000 letters to :'email out and were
awaiting the adoption of the resolution. She felt Sheriff Gillick could
help the Board, They are in need of law enforcement and are not getting ita
Mike Pyeatt, assistant administrative officer, stated they would
try to bring it back next week or within a specific time frame. -
APPEARANCES: EVELYN REEDER
Evelyn Reeder, Oroville, spoke regarding - the County
Code relative to legal advertisementsa She felt 'there was a difference in
size of print between the Oroville and Chico newspapers,
Mike Pyeatt, assistant administrative officer, stated the ordinance
was an update of the code as it was out of date. The new ordinance has not
been implemented yet. The Board has no power over-the newspapers other than
to request publicatians on certain dates and ;:request a specific type size.
APPEARANCES: WILLIAM HOUSTON
William Houston, Oroville, read from the California Administrative
Code relative to free speech. He did not like the five minute time limit.
He felt the Board's duty-was to serve the public. He did not approve of the
contract to retain Mr. Biackstac,~ Y He felt county inspectors could be used
Page 146•August 11, 1981
August 11, 1981
81'~ for inspections on the new libraries in Gridley and Chico,
a
RECESS: 11:23 a,m.
RECONVENE: 11:24 aom.
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v Orrin B> Stratton, Chico, cpmmended the Board on the way they
have handled the budget limitations this year. This was what Proposition
4 and 13 were about, He was concerned about a suit being filed in San
Francisco against the State regarding mandated programs placed upon the
counties and cities9 He 'felt there should be a resolution passed asking
for Governor Browns resignation because of his handling of the Med Fly
issue. There is an initiative being circulated regarding the tightening
up of criminal justiceo He had presented the members with copies and would
like them to study the material, The other issue was a measure to keep
the State from circumventing local funds.~and initiating fees:.
Barbara Waltman, Oroville, read a prepared statement regarding
her complaint of the Sheriff deputies which broke into her home without
a search warrant, destroyed private property, terrorized the neighborhood
and her children and causing physical and mental anguish to her children
and disabled husband and herself, She has been a citizen of the area for
20 years.
Sheriff Gillick is to make a report back to the Board regarding
this matter.
William Mazurek, Oroville, presented a letter to the Board, He
spoke regarding his views on the budget situation. He has worked in
personnel and administrative capacities handling budgets. They must budget
within their meanso They should cut top personnel. He set out several
recommendationso
APPEARANCES: MAR HECKER
Max Hecker, Oroville, spoke regarding an obstruction blocking a
drainage course caused by his neighboro Mro Hecker set out the Universal
Building Code. The Aistrict Attorney's office has indicated it is a civil
matter. He does not have the funds to pursue this. He presented a letter
and documents at this time,
The matter was referred to Public Workso
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APPEARANCES: ROBERT HEWITT
Robert Hewitt, representing Veterans Council and 30 Veteran
organizations within Butte County, spoke regarding the Memorial Halls being
used by the veterans. He asked the Board to considex their decision to
defund the custodians salaries and the extra help funds of $127,000 which
was removed, He submitted a letter to the Board, He made reference to the
Military and Veterans' Code of the State of California.
Chairman-_ Moseley stated the next budget session was August 26th
but they would not reconsider the matter today.
APPEARANCES: JAMES HURST
James Hurst, Paradise, spoke regarding the Veterans of Paradise
~Iraising funds to install a wheel chair ramp at their hall, He questioned if
he should drop the project and revert to Easter Seals the funds raised.
Supervisor Wheeler stated nobody said they were closing the halls,
they were simply transferring the,~alls to the veteranso There will still be
a hall. Page 147.
August 11, 1981
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August 11, 1981
Mike Pyeatt, assistant administrative officer, stated the Board will
have the opportunity to reconsider their decision at the August 26th budget
sessiono
Clay Castleberry, public works director, urged the Veterans to
put the lift ino Nobody has indicated the doors will be closed permanently
on .the Memorial Hallso _ .-.~ ~ az, t_" . __. ,~_
APPEARANCES: GEORGE SCHWINDEMAN
George Schwindeman, Oroville, questioned if the current rental
contracts would be honored,at the Memorial Halls,
Supervisor Dolan stated they will be honored, The Halls are
required to provide for custodial services, at the same time this Board
has given direction to meet with Veteran groups to carry out their direction
and staff is working on ito
Discussion was held regarding the contracts and the continuing
of the hallso Supervisor Wheeler stated if they have a contract they will
fulfill it, yes it is in the public recordo
James Hanson, Oroville, stated he hoped the Veterans were not
trying to use coercion to usurp the action of the Board, They could cut
money by cutting out administration and their assistantso He was for free
press,
Ron Barnes, president, Veterans Council, stated they have meetings
scheduled with Mro Castleberry regarding working gout the problems of the
Memorial Hallso There have been ideas and talk but not definite plansa
Bhairman Moseley stated the community of Biggs are working on
the problem in their area,
RECESS: The Board recessed at 12:19 p,me to reconvene on August 18, 1981
at 9:00 soma
Page 148,
August 11, 1981