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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) Page 135. August 11, 1981 81- bi '2204 '2205 206 2207 August 11, 1981 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, Page 136. August 11, 1981 81L ~'' 2208 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 Page 137. August 11, 1981 81- v'.' August 11, 1981 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 Page _138' August 11, 1981 SZ a August 11, 1981 _ _ _ _ _ _ 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 August 11, 1981 81' a '2210 2211 z212 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. August 11, 1981 oI'- a~ 2213 2214 2215 2216 2217 August 11, 1981 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. Page 141. August 11, 1981 81- 3' August 11, 1981 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. '2218 19 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. August 11,.1.981 August 11, 1981 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 81- 222 222` 222E 2221 August 11, 1981 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 _ \J<} 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 b 2228 12229 '' 2230 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 81- 5' 2231 2232 2233 2234 2235 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. 2236 ~~~ 2237 2238 2239 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 2240 2241 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 81- ~'' 2242 2243 2244 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