HomeMy WebLinkAboutM090181September 1, 1981
OP' CALIFORNIA )
SS.
OF BUTTE )
81'-
d
The Board of Supervisors met at 8:00 a.m. pursuant to adjournment.
Present: Supervisors Dolan, Saraceni, Wheeler and Chairman Moseley. Clif'
Nickelson, administrative officer; Del Siemsen, acting county counsel; and
Clark A, Nelson, county clerk-recorder, by Nancy Wilson, deputy clerk.
Absent: Supervisor Lemke
CLOSED SESSION: The Board recessed at 8:I4• a.m. to hold a closed session
on meet and confer.
RECONVENE: The Board reconvened at 9:38 a.m, following a closed session
regarding meet and confer. No announcements were made at this.
time,
Pledge of Allegiance to the Flag of the United States of America
tion by Supervisor Saraceni
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Continued to September 15, 1981 approval of the minutes of
August 3 and August 25, 1981.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the minutes of August 4, 1981, minute order 81-2184-were
corrected to reflect:
2, Approved the Eagle timber sale Forest Development Road
Cooperative Agreement for maintenance of a portion of Humboldt Road by
the U. S. Forest Service with no county funds involved and the Public
Works Director authorized to sign on behalf of the county.
APPROVAL OF ADDITIONAL AGENDA ITEMS TO BE ADDRESSED BY THE BOARD MEMBERS AT
THE ENA OF THE DAY
Supervisor Wheeler stated she did not feel it should be entitled
"Approval"o She should not have to ask for approval, just state she had
an item to discuss.
Clif Nickelson, administrative officer, stated they could change
the wording. Because of numerous budget sessions last week he was unable
to discuss the matter with staff,
Supervisor Wheeler stated the Board has discussed an interest in
analyzing and revamping their agenda and the structured They should spend
some time doing this in the future,
APPROVE ADMINISTRATION ITEMS - ADOPT RESOLUTION 81-193
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, the following Administration items were approved:
1< Waived the first reading of salary ardinance amendment reflect-
ing departmental position addit~,ons, deletions and reclassifications pursuant
to the Board's 1981-82 final budget hearings.
2. Approved penalty abatement requests - change of ownership reports
as follows:
a> Mr. and Mrs. Ronald C. Myers, AP 041-50-0-019-0
b. Mr, and Mrs, Frank Alga, AP 033-44-0-001-0
c., Ron Harris, AP 051-01-0-115-0
d. Lana Gunn, AP 005-06-6-004-0
e. Mr. and Mrs. Alain Tomatis, AP 052-14-1-020-0
f,. Mr, and Mrs.'Thomas Husa, AP 0.05-20-3-0Ob-0
Page 228..
September 1, 1981
September 1, 1981
g_ 3, Authorized destruction of records by the Auditor pursuant to
,y' Government Code Section 26201 which will be retained`on microfilm as .follows:
1975-76 summary budget statement, 1976 Public Works road maintenance time
cards, 1975-76 journals and transfers, 1975-76 fund ledger, 1975-76 A/P
transaction register, 1975-76 detail revenue ledger and 1975-76 Board list,
4, Adopted Resolution 81-193 fixing tax rates in accordance with
Government Code Section 29100 and Revenue and Taxation Code Section 93 on
the 1981-82 secured roll for the Proposition 13 levy of $1 per $100 full
cash value and various voter approved indebtedhess and the Chairman authorized
to sign.
5, Approved the following budget transfers:
a. B-13 - Supplemental Manpower Pror~ram, Within the Titie
IV YETP program, decreases the appropriation for contributions to other
agencies, $8,000 and extra help, $36,189 brought about by a reallocation
of funds and to correct B-263 which was posted in errors
b. B-14 - Community Action Program. Transfers $782044 from
other costs to rents, lease and purchase of equipment within the 1980 Senior
Nutrition Project grant year pursuant to the letter of approval from the
Area Agency on Aging.
2321 ACCEPT BID FOR REHABILITATION OF 2510 FORT WAYNE - HOUSING AND COMMONITY
DEVL'LOPMENT
Pat Osborn, Connerly and Associates, set out the background on
the bid for rehabilitation of 2510 Fort Wayne in Oroville. The lowest bid
was from Don Rhoades of GW 8nterprises for $34,080. -The bids ranged from
$34,080 to $42,0460 Mso Osborn stated they had received a letter from
HUD regarding the proposal to rent to people with the option to buy. Mr.
Siemsen, acting `eoun:ty counsel,, has a copy of the letter.
Mso Osborn stated the letter listed under communications is a
', response from HUD indicating they must look at Community Action Agency's
bylaws to determine if they qualify as elgible entity for new construction
contracts. They will bring the matter to the Board later.
Del Siemsen, acting county counsel, indicated he had received a
letter from the federal government. The program will be similar to a
deferred down payment. Any money received will be on the loan itself.
It will be for approximately one year. Housing and Community Development
has indicated it does not violate' the section in questiono
Supervisor Dolan stated she questioned what would happen with
the funds collected should an individual not complete the one year of
payments. There is a tremendous turn overo She feels they should sell
the structures as They originally wanted to, The County would get as a
broker or match maker.
Supervisor 5araceni stated this would allow people with low
incomes to get established and purchase a homes There has been nothing
but good things said about this programo
Ms. Osborn stated in this case the property at 2510 Fort Wayne
is County owned. Other property they are working with is developer owner
until it is transfered to the home owner.
On motion of Supervisor 5araceni, seconded by Supervisor Wheeler
and carried, the low bid of Don Rhoades of Go W, Enterprises in the amount
of $34,080 for rehabilitation of 2510 Fort Wayne, Oroville was accepted
and the Chairman authorized to•_sgp the rehabilitation construction contract.
Page 229.
September 1, 1981
', September 1, 19$1
81- AYES: J Supervisors Saraceni, Wheeler and Chaixman Moseley NOES: Supervisor
b'' Dolan ABSENT: Supervisor,Eemke
2322 CONTINUE APPROVAL OF POLICY ON TEMPORARX DISPLACEMENT OF HOMEOWNERS DURING
HOUSING REHABILITATION - HOUSING AND COMMUNITY DEVELOPMENT
Pat Osborn, Connerly and Associates, set out the background on
policy for temporary displacement of homeowners during housing rehabilitation,
Tl~e cost`to be included in loano If there was an economic hardship it could
b~ charged as project expenseso They set out in their memo regarding the
elderly client who could not afford to rent and pay moving expenses during
rehabilitation of her homed There is no current policya The federal
regulations do not applyo No one has previously had to move from their
homed Work on the client's home should take approximately three monthsa
', Del Siemsen, acting county counsel, questioned if this had been
cleared through Housing and Urban Developmento So they have no objections
of the funds being used in this mannero
', Mso Osborn stated she had received approval over the telephoned
; Mro Siemsen suggested this be continued on the basis of there
being something in writingo
', The matter was continued until Housing and Community Development
receive in writing from Housing and Urban Development approval of the policy
on temporary displacement of homeowners during housing rehabilitation,
2323 APPROVE PLACEMENT OF ADVERTISING FOR ACQUISITION OF BLIGHTED PROPERTIES IN
SOUTH OROViLLE - HOUSING AND COMMUNITY DEVELOPMENT
Pat Osborn, Connerly and Associates, stated part of the program
', in South Oroville is to acquire blighted property and replace with a sound
housed They are seeking approval for an advertisement to notify the property
', owners and establish relocation benefitso Relocation benefits do not apply
when acquisition is not on a voluntary basiso They would note a waiver
would be signed regarding relocation benefitso Purchase would not take place
', unless the county and property owners agree to a priced It would save time
and be more reasonable way to acquire the property and save moneys If they
do not receive a response, they will pursue it the normal wayo When they
purchased Fort Wayne property County Counsel did not have a problem with
Article 340
Supervisor Dolan stated this is a lease program done voluntarily
and eliminates the use of appraiserse After acquired there would be no
', relocation costs paido She questioned if an out of town owner wished to
sell and there was a tenent would the relocation benefits applyo
Mso Osborn stated other regulations applyo They would end up
having to pay relocation costso Section 8 of regulations stated there is
', a right to continue occupancy, The advertisement could specify owner occupied
or vacant property, They do .not want to displace anyoneo
There was a motion by Supervisor Saraceni, seconded by Supervisor
Wheeler, that Housing and Community Development to place advertisement
seeking voluntary acquisition of blighted properties in the South Oroville
area be authorizedo
Will DeVorri, Oroville, stated he is working with Go W, Enterprises
the project at Fart Wayne, felt it was similar to federal government
dding up interest rates against-the private sector. Who is going to
tablish the price? Developer might be interested in the basic program,
r him to acquire it and retain title until the five percent down payment
acquired is a hardships They.iv~a be competing against the countyo
Page 230.
September 1, 1981
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Vote on motion:
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Motion carried,
to Adopted Resolution 81-194 setting a public hearing for October
6, 1981 at 10:15 a.m, giving notice of intention to rename private roads in
the Butte County area as follows:
ExistinS=Name Termini Pro osed Name
Turkey Avenue Alta Airosa Drive to End Apache Hill Road
Bluffside Drive Honey Run Road to End Butte Creek Island Roar
September 1, 1981
Ms. Osborn stated they will be acquired using the Uniform Act to
establish market priceso They .f eel it will be lower under this type of
program. The property flow will be pushed up. This is a more reasonable
method. They have money allocated for part o£ this programo
Supervisor Dolan stated if they are having trouble spending the
money in South Oroville maybe it should be spent elsewhere.
AYES: Supervisors Saraceni, Wheeler and Chairman Moseley NOES: Supervisor
Dolan ABSENT: Supervisor Lemke
Carl Morton, 'treasurer~'Yax collector, questioned if the Board had
received his memo regarding the salary ordinance.
Mr. Morton was notified the members would receive it later as
they had only waived the first reading of :.the ordinance. It would be
considered for adoption at next weeks meeting.
2325 (APPROVE PUBLIC WORKS ITEMS - ADOPT RKTSULU'1`lUNS tS1-174 HLVL 251-177
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, the following Public Works items were approved:
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2327
and the Chairman authorized to sign.
2. Approved agreement for sale of rghtcof-way acquisition for
South Villa Avenue and Grubbs Road, Parcel No. 1 as follows:
Stanford M, Webb 0.266 acre Price: $565
and the Chairman authorized to sign and the .Auditor authorized to issue a
warrant.
3. Adopted Resolution 81-195 declaring through highways for
Columbine Road and Stieffer Road so that necessary stop signs can be erected
on intersection streets and the Chairman authorized to sign.
ACCEPT BIB FOR TRAFFIC SIGNAL INSTALLATION AT ESPLANADE AND LASSEN AVENUE
PROJECT N0. 56191-80-1
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, the bid for traffic signal installation at Esplanade and Lassen
Avenue, Project No, 56191-80-1 was awarded to M and M Electric of Sacramento
in the amount of $95,575<,and the Chairman authorized to signo
CONTINUE APPROVAL OF AGREEMENT WITH GREYHOUND LINES, INC. (PASSENGER FARE
CHANGE
Clay Castleberry, public works director, requested the approval
of the agreement with. Greyhound Lines, Inc. for passenger fare change be
continued. Page 231.
September 2, 1981
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_ _ September _1, 1981 _ _ _ _ _ _ _
NEAL ROAD LANDFILL~SEPTIC FEES CONFIRMED - PUBLIC WORKS
Clay Castleberry, public works director, stated Supervisor Lemke
had asked that his department take another look at his repprt regarding the
Neal Road Landfill septic fees. The Auditor indicates at that time the
best he could tell it should have been about 75/100 of a cent, Based on
the cost of living he would like the rate be re¢otz~i:riped~t 1 cent per gallon
charge. The charge was $10 per load for 1,000 gallonso Some trucks increased
their capacity to 4,000. There is a special brine for the toxics.
REPORT ON TRANSIT SYSTEM
Clay Castleberry, public works director, reported to the Board
the Transit System will being servicing Durham on October 2 and Palermo
on October 5.
ADOPT RESOLUTION 81-196 SETTING PUBLIC HEARING DATE FOR ABANDONMENT OF PUBLIC
UTILITIES EASEMENT FOR STANLEY WEBB (WEBB HOMES)
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
catri'ed, Resolution 81-196 setting a public hearing date of October 6, 1981
at 10:00 a,m, for consideration of abandonment of public utilities easement,
Walnut Woods Subdivision, Lots 1 through 4 {Peters) for Stanley Webb (Webb
Homes) Was adopted and the Chairman authorized to signo
~'T~_a'I~2;tING. DP;TE.__ SET...
'A public hearing date was het for September 22, 1981 at 11:15 a.m.
fox an extension of Interim "C-2" on AP 45-061-17~, property located at 181 East
9th Avenue, Chico for Robert and Judith Shephard.
EF.PORT TO THE BOARD
A report to the Board on Douglas S, Starr proposed negative
declaration regarding environmental impact and denied rezone from "TM-5"
{timber mountain - 5 acre parcels) to "TM-1" (timber mountain - 1 acre
parcels) located on both sides of Nopel Arive, approximately 700 feet south
of State Highway 32, identified as a portion of AP 63-9-b, Forest Ranch
was ~ecepted at this time.
CONTINUE TO SEPTE[~ER 22, 1981 - REPORT BY LAND DEVELOPMENT COMMITTEE
CONCERNING DEVELOPMENT AGREEMENT RESOLUTION
Bettye Blair, planning director, stated this item had been continued
from last week. She has received comments, but the Board has not received
copies. She requested a three week continuance. In the report it states
the office should respond in 30 days, There is already legislation regarding
this. They respond now within the 30 days whether-the application is "deemed
complete". She is not sure what Mr, Colby's concerns are. Assemfii'ly Bill
884 implmented that the process must be completed within one year. She
would like to discuss the Development Agreement at a later date.-
The matter was continued to September 22, 1981.
2334;
PUBLIC HEARING: BILL AND SANDY MALCOLM, JR. PETITION FOR VARIANCE TO
SECTIONS 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACIl~IENT OF A
MOBILE HOME ON AP 36-31-96, 6085_UPPER PALERMO ROAD. PALERMO AREA
The public hearing on Bill and Sandy Malcolm, Jr. petition for
variance to Sections 19-10 and/or 19-12 of the Butte County Code for
placement of a mobile home on AP 36-31-96, 6085 Upper Palermo Road, Palermo
area was held as adv~rtisedo
Hearing open to the public, Appearing:
1. Bill Malcolm, Jr., applicant, was present should the Board
have any questions. Be was requesting an "Aunt Minnie'_'o
Bearing closed to the public and confined to the Board,
Page 232.
September 1,'1981
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September 1, 1981
On motion of Supervisor Saraceni, seconded by Supervisor 'Wheeler
and carried, the petition for variance to Sections 19-10 and/or 19-12 of the
Butte County Code for placement of a mobile home on AP 36-31-96; 6085
Upper Palermo Road, Palermo area, zoning: "interim AR-MH" for Bill and
Sandy Malcolm, Jr, was approved for a period of one year,
ADOPT RESOLUTIONS 81-197, 81-198 AND $1-199 - PUBLTC HEARINGS: ABANDON-
MENT OF PUBLIC UTILITIES AND RECREATIONAL EASEMRNTS TN PARADISE PINES
The public hearings on the following were held as advertised:
1. Raymond J. Browne, abandonment of public utilities and
recreational .easements on Lot 26, Paradise Pines, Unit Noo 10,
2. Richard Dasch, abandonment of public utilities and recreational
easements Lot 33, Unit 4, Paradise Pines.
3. Larry R. Wright, abandonment of public utilities and recreational
easements, Lot 148, Paradise Pines, Unit No. 4.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
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0n motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the following action was approved:
1. Resolution 81-197 for the abandonment of public utilities and
recreational easements on Lot 26, Paradise Pines, Unit No. 10 for Raymond J.
Browne was adopted and the Chairman authorized to sign,
2, Resolution 81-198 for the abandonment of public utilities and
recreational easement, Lot 33, Unit 4, Paradise Pines for Richard Dasch was
adopted and the Chairman authorized to sign,
3. Resolution 81-199 for the abandonment of public utilities and
recreational easements, Lot 148, Paradise Pines, Unit No, 4 was adopted and.
the Chairman authorized to signo
APPROVE~CONTRACT WITH ALBRECHT AND MIMMS FOR ATTORNEY SERVICES
DeT Siemsen, acting county counsel, set out the background on the
contract with Albrecht and Mimms for attorney services. Mr, Battle has
submitted his resignation and he was involved with a number of personal
injury and liability suits. He would like the agreement approved so Mr.
Battle could continue until such time as there is a replacement. He is
also handling some Welfare ,cases.
Supervisor Dolan stated if they do this and she felt it .was
appropriate there was nobody in the office to assign these cases to.
Some are ready to go to trial.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, the agreement with Albrecht and Mimms for attorney services was
approved and the Chairman authorized to sign,
CONTINUE TO SEPTEMBER 15, 1981 - APPOINTMENTS TO HOUSING ELEMENT TASK FORCE -
DISTRICT 4 AND OVERALL ECONOMIC DEVELOPMENT PROGRAM COMMITTEE - DISTRICT 1
The following appointments were continued to September 15, 1981:
1. Housing Element Task Force - District 4.
2, Overall Economic Development Program Committee - District 1.
Page 233.
September 1,-1981
gI- 2338
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September 1, 1981
DISCUSSION AND CONSIDERATION OF NORTHERN CALIFORNIA EMERGENCY MEDICAL CARE
COUNCIL FUNDT ~ - CONTINUE TO SEPTEMBER 15, 1981
Discussion and consideration of Northern California Emergency Medical
Care Council funding held at this times
Supervisor Saraceni stated he attended a meeting last week with
the Fiscal Committee and they recommend the supporting of 50 percent of
the cost for Emergency Medical Careo He has met with the various hospitals
in the areao They are supportiveo They could not totally agree:~wf.tH_every-
one making a contributiono .Butte County has been contributing 100 percento
They would try to raise the_50 percent through contributionso In the past
various hospitals have made contributionso
There was a motion by Supervisor Saraceni, seconded by Chairman
Moseley, to fund by 50 percent the Northern California Emergency Medical
Care Council commitme..n~- of last year which would be $12,000,
Supervisor Dolan stated if the contribution of $24,000 was not
received it would effect the Council's grants,
Supervisor Saraceni stated there has been discussion with various
countieso Some-are supporting 50 percent and others 100 percento He felt
there should be additional funding from the private sectoro Hopefully in
the future there will be more contributions from the grivate sectoro The
hospitals will make an effort to match the 50 percent,
Clif Mi.ekelson, administrative officer, stated in this years
budget the full ..$24,000 was approved, They are hoping to go to the public
to offset the emergency room costse
Supervisor Dolan stated the Council requires $24,000 for the
Butte County assignment, There will be a lot of bookkeeping problems with
providing the $12,000 and hoping the balance can be raised, She is .not
saying do not wank with the hospitalso She feels .it is helpful-and approp-
riate to leave the $24,000 and continue every way and effort to bring the
costs down and pay for it this year, .They have no guarantee the hospitals
can raise the $12,000°
Supervisor Wheeler abstained from participation as she is a
member of Community Hospital Soard,
Chairman.: Moseley stated this is a touchy subject and it was a
hard decision to make, Butte County is one of the big doi1QYS, It is a
good programo She does not want to do away with the programo Butte County
is having financial problems, She would like to see what the others can do
without the County, If you give the full amount now, they may not try to
raise the $12,0000
Vote on motion:
AYES: Supervisor Saraceni and Chairman Moseley
NOES: Supervisor Dolan
ABSTAINING: Supervisor Wheeler
ABSENT: Supervisor Lemke
Motion failse
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To be considered on September 15, 1981 when Supervisor Lemke
will be present,
COMMUNICATIONS
Edna Mae Kimmel, Sacramento, I~ a Kimmel writes concerning access to her
property identified as~AP 26-242-23 and AP 26-242-21 in the Palermo
areao Information; no action taken<
Page 234.
September 1, 1981
September 1, 1981
gl.: Robert W. Johnson, Oroville. Mro Johnson writes requesting the Board's
b', consideration in the appointment to fill the unexpired term of
the Treasurer. Information; to be considered at a later date,
my D. McCall, Oroville. Mr. McCall writes requesting consideration of
appointment to fill the unexpired term of the Treasurer. Information;
to be considered at a later date.
Roy Stripe, Chico. Mro Stripe writes supporting the Board for their actions
during the budget hearing process, Information; no action taken.
Richard Morse, Paradise. Mr. Morse writes concerning the need_to provide
funding for public safety services. Information; no action taken.
Susan Conger, Chico. Mrs. Conger writes forwarding information to the Board
asking that an occurrence of January 1, 1981 concerning the
Sheriff's Department be investigated, Referred to the Sheriff
for a report back,
County of Plumas. The Board of Supervisors write supporting the full funding
far the Northern California Emergency Medical Care Council.
Information; no action taken.
County of Shasta. The Board of Supervisors write asking that support be
given to needed reform in the safety member disability retirement
program. Referred to Risk Management Coordinator.
Butte County Housing Authority, John G. Bowling, executive director, forwards
a copy of the Housing Authority's 1980 annual- report in accordance
with the State Health and Safety Code, Information; no action taken.
Pacific Gas and Electric Company. The company forwards notice that their
application for transmission line license for the Sly Creek trans-
mission line (FERC Project 4851) has been accepted by the Federal
', Energy Regulatory Commission. Information; no action taken.
State Social Services Advisory Baarda The advisory board sends notification
of meetings to be held September 2 and 3 regarding fiscal reductions
to social welfare programs. Referred to Welfare Directoro
Department of Housing and Urban Development, The department writes forwarding
information with regard to clarification of concerns by the HCD
consultant with regard to a proposed agreement with the Community
Action Agency in the countyo ,Information; no action taken.
Federal Energy Regulatory Commission. The commission sends notification that
the Sacramento Municipal Utility District's application for a
license for the Rock Creek - Cresta Project Noe 3177, located on
the north fork of the Feather River in a portion of Butte County,
', has been accepted for filing by the commission. Information; no
action taken.
Douglas S. Starr, Forest Ranch, Mr. Starr writes appealing the proposed
negative declaration regarding environmental impact and denied
rezone from "TM-5" (timber mountain - 5 acre parcels) to "TM-1"
(timber mountain - 1 acre parcels) located on both sides of Nopel
Drive, approximately 700 feet south of State Highway 32, identified
as a portion of AP 63-9-6, Forest Ranch. Set for public hearing
on September 22, 1981 at 11:30 a.m.
RECESS: 10:52 a.m.
RECONVENE: 11:13 a,m. page 235.
September l; 1981
ST- 2340
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September 1, 1981,
James Hanson, Oroville, questioned how long the Board had lived in
the area and if they were aware if any pot had been burned in this county.
The Sheriff's Department has confiscated over $10 million in pot,. He read
in the newspaper it was to be burned in Sutte County. He hoped it was not
being sent off to Sacramento where it could get lost and children get a hold
of the pot o' He would like to watch it burn. He stated a lot of people have
asked him wl~y the Board coughed up extra money to various projectso Some
people feel they were either coerced _or :intm:d;a.ted,.
Supervisor Wheeler stated when the Board first began they asked
the Bepartment Heads to make those kind o£ economical decisions so they
could get to a point where they could balance the budget. Some made the
decisions and others did not so the Board had to make major cuts.
SUPERVISOR WHEELER ABSENT AT THIS TIME
APPEARANCES: ROBERT HOYDEN
Robert Boyden, Oroville,.stated he felt the citizens of Butte
County elected this Board to sit in those chairs and make decisions for
them. If some of these decisions do not agree with their own specifics
or in the final. instance poor decision they are subject to recall, If
these people who we have elected are delinquent in their jobs or commit
a crime while in office they can be impeached or recalled,
SUPERVISOR WHEELER PRESENT AT THIS TIME
Mr. Boyden stated he did not think the Board was using the funding
as efficiently as possible. He £elt the Sheriff Department could work on
about 75 percent Iess and have resident deputies without guns and sufficient
training with out increasing the costs. On the subject of libraries he
did not .feel it was wise to spend $5 or 6 million when you do not have it.
APPEARANCES: BRUCE MCC_REA
Bruce McCrea, Chico, stated the has had ~ p-arcel map ready to be
recorded for approximately 40 days, but Public Works declines to sign it
because of a condition indication solve permanent solution to drainageo
The parcel is small. There is no drainage problem. He has not been able
to get a definite answer to what solution mesas. F`or the past three years
he has not had a problem, Duxing the 25 year storm there was no problems
He was asked to make a drainage deposit. He felt Public Works requirement
was illegal,
Supervisor Wheeler stated she had talked with Public Works and
County Counsel and yes there is a study in the areas Thereshould be a
report on the study in approximately six weeks. Councel has indicated the
map cannot be held up for deposit of drainage fees because they do not
have an adopted drainage plan. She is aware this could cause a domino effect.
Del Siemsen, acting county counsel, questioned if the reason the
map was not being recorded was because of a condition. If this is the case,
because of the State Map Act the Board is not in the position to take action.
It has to be appealed to the Board and go through the hearing process.
Clay Castleberry, public works director, stated Mro McCrea's letter
today could be considered an appeal, The applicant was advised in writing
that he provide permanent solution to drainage and the Board has not waived
this condition.
Mr. Siemsen questioned when the map was approved by the Advisory
Agency and if it meets the deadlines of the ordinances If it is beyond the
15 day appeal period the Board~mul~.t make findingso
Page 236.
September 1, 1981
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_ _September 1, 1981 _
Mr. Castleberry stated the Board has hired McCain and Associates "
to draw up a plan for drainage to a natural drainage slough or channelo
The matter was contiuued to later in the day.
_~- William Houston, Oroville, wanted to talk about his medical bills
which the County is responsible for paying. He has~94,000 worth that have
not been paid, He felt the Administrative Office was telling the Board how
to vote on issueso
APPEARANCES: JESS EHMKE
Sass Ehmke, Chico, stated he was before the Board previously
regarding violations in housing and the Butte County Housing Authority
director was to respond to the charges. He has submitted a letter £rom
the Department of Labor .Relations. It was read into the record at this
time.
C1if Mickelson, administrative officer, stated Mro Ehmke could
appear before the Housing Authority Board with this problem.
Gerald Lively, deputy administrative officer, stated there are
several block grant programs. The county has nothing to do with the Housing
Authority fundso They cannot build houses. There are different programs
under which HUD programs fall under federal and state laws which apply.
If he has a problem with the Housing Authority, go to the Housing Authority
Board itself,
Mro Ehmke read £rom the government code regarding discrimination,
He has discussed the matter with the District Attorney and they voiced
apathyo His last resort was to come to Butte County to see what could be
done to comply,
Mro Ehmke was informed the Board has no authority and he was
aware of the legal process in which to pursue the issued
ADOPT RESOLUTIONS 81-200, 81-201, 81-202, 81-203, 81-204, 81-205, 81-206,
AND 81-207 - PUBLIC HEARING: LARERIDGE VILLAGE ASSESSMENT DISTRICT
The public hearing on the Lakeridge Village Assessment District
was held as advertised.
Sam Sperry, bond caunsel, set out the background on the assessment
district proposal to initiate proceedings. It is for water improvements,
storm drainage, sanitation, sewers and under ground utilitieso
Hearing open to the public. Appearing: No oneo
Hearing closed to the public and confined to the Board,
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the following action regarding proceedings to initiate the
Lakeridge Village Assessment District were approved:
la Authorized filing of petition.
2, Authorized filing of certificate of titled
3. Authorized filing of certificate of value of appraisers
4a Authorized filing of certificate regarding the petition,
Page 237.
September 1,•1981
81-
$'i
Sep_te_mb_er 1, 1981
5, Adopted Resolution 81-200 accepting the petition.
6. Authorized filing of boundary maps
7. Adopted Resolution 81-201 approving the boundary mapo
8. Ad opted. Re solution 81-202 approving the agreement for
engineering services with GAA, Engineering, Surveying and Planning with
agreement attached to said resolution.
9. Adopted Resolution 81-203 approving the agreement for legal
services, with agreement attached to said resolution<
10. Adopted Resolution 51-204 setting the time and place of the
nearing for determining public convenience and necessity to be held on
Dctober 13, 1981 at 11:15 a.m<
11. Adopted Resolution 81-205 of intention.
12, Authorized filing of engineer's report.
13. Adopted Resolution 81-206 accepting the report and setting
the hearing of protests for October 13, 1981 at 11:15 a.m.
14. Adopted Resolution 81-207 calling for construction bids.
15o Authorized filing of notice of improvement.
16. Authorized filing of notice to contractorso
2340
RECESS: 12:08 p,m.
RECONVENE: 1:32 p.m.
'-ONTINUE TO OGTOBER 6, 1981 - PUBLIC BEARING: DISCUSSION OF VTCTIM'S BILL
DF RIGHTS INITIATIVE
The public hearing on discussion of Victim's Bi11 of Rights
Initiative was held as advertised,
Will Mattly, district attorney, set out the background on the
initiative. Mr. Stratton had presented copies to~the members earlier.
:Ie urged the Board to support the initiativeo There is no provision in
the law to order restitution to the victim of crimeso If a defendent is
placed in the. County jail they pay restitution and a fine. Judge Watt
placed.a restituti:•on order on an defendent and the case was overruled,
The draft presented was the 17th, Attorneys have looked at it and accepted
it. He agrees with the legislation. It is not the intent the defendent
shoilld bear the burden. The courts will still have discretion, The District
Attorney will still have the discretion to do plea bargaining, He has taken
issue with that a lot of times. This would provide a tool in the sentencing,
Lf during probation the defendent does not pay he still may be sentenced to
jail. Legislation will have to deal with this issue. In order to obtain a
~isril judgment they must have assets.
Supervisor Dolan stated she felt this initiatve would go as it is
written, It will be part of the constitution. Interpretations and changes
pan occur and it is not afforded in this case. There is a great cost to go
to the courts. The draft might mean one thing and the courts interpretation
nean'•another.
Supervisor Wheeler stated you still have the tools available to
take it back to the people. Tt is still available, but maybe nat as soon as
you would like, page 238,
September 1, 1981
September 1, 1981
gl'_ Mr. Mattly stated the defendant would be liable. There was a problem
~', enforcingthat liability, It will have to be through a civil action.
Supervisor Dolan stated she went through the initiative .and'legis-
la ti on. There are currently programs for victims of crimes. Restitution
is a complex issued
Mr. Mattly stated he felt there was a need for the initia ive and
pointed out that most of t e provisions are not there and others are in
the proposed initiatives and~a.reconsidered by the legislation, The purpose
was people became frustration because they did not understand the courtso
The people want changes. They have to be protected and some of the technical
appeals would be futile under the constituion. He discussed the search
and seizure in home and person, Why should a guilty person go free when-
the police did not dot hiss-i'ao This is what the public is revolting againfit.
He felt the exclusionary rule could be dealt with separately. He felt s~me-
where down the line there would be exchange of all evidences He is against
excess police. He felt everyone should be answerable to their actions at
all timeso
1. Dr. Hd Bronson, Chico, felt the initiate was a very".radical
proposals Fifteen to twenty of the proposals are monumental, Some of the
issues might need lengthy discussion, There is not the possiblity of
for focus and debate. It is a type of drag net proposal, The District
Attorney interpreter some of the familiar facts, but there is four and
one-half pages of items. They do not know what the accumulative effect
would be. This will have a large effect on the Administration of Justice.
Once it goes into the constitution it is very hard to change, It may arise
from court decisions and some of them do not work. He questioned the costs
involved, This should be addressed much closer. Many defendants plead
guilty because the District Attorney has dropped chargers Only 10 to 20
percent of the cases go to trail, He felt costs would be much highero
Most of the defendants are poor people and do not have the ability to payo
Then their funds are used to pay the victim and then they must go on Welfare.
Civil judgments are less effective and require a major undertaking. He
felt some of the issues discussed by Mr. Mattly can be handled at the federal
level. The state. does provide more protection than the federal government.
He set out several examples. He felt the wording of the initiative .was complex.
They do not know what they are buying when they:wo e for his.
Supervisor Wheeler felt this was part of democratic process by
using the initiativ~processo There is no better way for active participation
in people and government,
Dro Bronson stated he felt the District Attorney was a little vague.
He did not think the masses should be dealt with through the initiatiue~rocess.
2. Oxrin Stratton, Chico, stated he is supporting the initiative
for the Gann organization, He is not uncomfortable with it. He has read it
through and is supporting it, There will be considerable support throughout
the state. Some of the best minds in the legal profession in California
went into the writing of this initiativeo It was not drafted off the top of
somebodys head, The public is fed up with criminals going free on technicalities
Most of it is left to the legislation to implement, They can over turn certain
facts with a two-thirds vote. They have had 15 years to do something and it
has not been done, The people are tired and not satisfied with current lawse
He asked that the Board endorse the initiative. If there is a flaw it will
be worked auto It is quite hard to get legislation changed with the two-thirds
vote. He felt the democrats were in control and should they organize it
would be difficult to obtain the two-thirds vote.
Page. 239.
September 1, 1981
September 1, 1981
g~_ 3, Jan Duke, City of Oroville, Chief of Police, stated even the
~' courts would like to make some changes because of some previous decisions,
~** This vehicle would allow the courts to make certain changes. He urged the
', Board to pass this and let the people work it aut.
4. Robert Hewitt, attorney, spoke in favor of the initiative
They are trying to find out the exceptions and there are loopholesa He
felt to get a civil judgment against a felon is a waste of time: If the
County cannot collect, can a private citizen. He cited three cases he
had handled, He is surprised to hear some groups do not feel the public
can be trusted to make the decision on this. Put the initiative on the
ballot and let the public decide,
Supervisor Dolan stated the clause in the constitutional amendment
takes care of the order to correct the problem with civil judgment.
5. Michael Bush, attorney, stated he did not support this
initiativeo It is a four page document of rules and regulations. He
spoke of Proposition 13 and property owners wishing to retain more of
their income. They were told rents would go down, this did not occur,
The people do :not know what they are buying. For the Board to support
this they are using them as elected officials to sell the issue, He did
not feel it was a good initiative.
', 6, Dennis Hoptowit, attorney, questioned if the Board had
received a copy of the letter from the Barristers. He was not representing
the Barristers or the Bar Association. He would be biased not in favor.
He felt the initiative reprosents- the criminal justice system. He respects
the initiative process. Tt gives people the vehicle to change laws when
timid legislators are afraid. He felt it was difficult to get restitution,
He felt the impact would fall onto the poor people. He spoke regarding. the
exclusionary rule. He cited the Dan White case in San Francisco„ and
diminished capacity issue: There are the issues of people with organic
brain damage and .retarded people. There are concerns of being log jams
I in court,
7. Hal Brooks, District Attorney's Office, stated he has been
', involved~for many years in law enforcement and Administration of Justice.
There might be a change in revising the criminal courts and the justice
system. There is pressure for legislation. People have become frustrated
in their inability to debate. The initiative says let the people have the
opportunity to say whether the major representatives be left on the initiative.
; The problems have existed for a long time. Let the people decide if there
should be a change.
Mr. Mattly stated he could sit down with Dr. Bronson and discuss
some of the questions raised. Some points are based on philosophy, There
was the matter of public safety to be considered, They should try to speed
up trials. There will not be a provision for those costs, He did not feel
they should delay giving the people the opportunity to vote on thiso There
is some question the costs should come out of the bills taxeso It will be
brought up during legislation. There will be many bills presented to the
legislation this year, except the diminished capacity, The Homedahl issue
on insanity should be change8ci
Mr. Bush stated he had. not implied the Board was not knowledgeable,
but these type of things are subject to being misleading because of certain
words and pressure, The exclusionary rule is based on constitution protection,
They do think the people have the right to vote. He felt they were being asked
to vote on too many things. He felt the Board should back off.
Page 240,
September 1, 1981
81-
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September 1, 1981
Mro Brooks felt plea bargaining was going to jam the courts. Some
people feel there might be less information, He felt the initiative speaks
for itself, The taxpayer pays for free county defense and victim compensation
lawso He feels there should be a streamlining and aver hauling the criminal.
justice systems He felt they were being mislead in this.. :` -. .
Sugervisor Wheeler stated she agreed with Dr. Bronson there is a
lot of fine print which depends on the eye of the beholder. It is a vehicle
by which the people of the State of California have ~_ chosen through the
initiative process for protection of themselves, families and property.
One thing she keeps hearing is they want to know when the State.is go~.ng
to make effective change in the court systems. Mr. Mattly is correct this
initiative is an involvement against the people in the State. They have
said it for a long time, The reason for going to the initiative is. the
Legislature has not done their job for the people of the State of Californian
She has read the document, I am not saying generally speaking I support it,
I have general knowledge but T do not thing it is substantial to take a
public position. People have asked her to speak to a later date, She would
like to take it section by section and read all the code sections. Generally
she does support the initiative and the processo She would like an opportunity
to review it further. Some people would like to speak to it,
Supervisor Saraceni stated he knew they have been very frustrated,
the people we have working in both police and 'sheriff departments and courts.
Tt has been difficult for them to do their jobs. The citizens in the communities
wrote it because of the things in the large major cities. They cannot curtail
a lot through the pressure put on, He was supportive of the initiative in
many wayso
Supervisor Dolan stated she did not feel the issue was whether the
people had the right to use thispprocess or not. She has read it to the
best of her ability.. It does not address the costs. To her there are unknown
consequences and costs that she knows the county will pay for, They do not
know the limitations, She questioned how it would effect the jails and
prisons. She did not think this was something they could afford. But she
would be happy to vote at a later time. She felt there is a lot that needs
to be interpreted and what it going to cost us a11.
The matter was continued to October 6, 1981 at 10:30 a.mo
2347
HEARING DATE SET FOR BRUCE MCCREA APPEAL OF CONDITION ON TENTATIVE
Supervisor Wheeler stated she had spoken with Public Works Director
and Mr, McCrea, The Advisory Agency heard the tentative parcel map on
January 2b, 1981. It has since been noted there are special circumstances
and Mr, Castleberry has agreed to work with Mro McCrea. Mr. McCrea indicated
he did not received the notice of letter indicating the appeal process,
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
nd carried, an appeal of Condition No, 8 (Provide permanent solution for
rainage.) on the tentative parcel map, 2 parcels, AP 47-37-25, on the south
ide of Keefer Road, west of Hicks Lane, Chico area for Bruce McCrea be allowed
nd set for public hearing on September 15, 1981 at 11:30 a.m. due to special
ircumstances because they did not receive notification. .
There being nothing further before the Board at this time, the
eeting was adjourned at 3:33 p.m. to reconvene on Tuesday, September 15,
981 at 9:00 a.~a
yTTEST: CLARK A, NELSON, COUNTY CLERK-RECORD
and ex- ficio Clerk of-_!the Butte Cou t
rd Supervisors _
Chairman, Boar of Supe oi5
ty
Page 241,
September 1, 1981