HomeMy WebLinkAboutM092981September 29, 1981
OF CALIF'OttNIA )
SS.
OF BUTTE )
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The Board of Supervisors met at 8,Og..a.m..pursuant to adjournment.
Present: Supervisors Dolan, Saraceni, Wheeler and Chairman Moseley. Clif
Mickelson_ administrative officer; Del Siemsen. actine county counsel; and
Clark A. Nelson, county clerk, by'Cathy Pitts, assistant clerk to the Board.
Absent: Supervisor-Lemke
CLOSED SESSION: The Board recessed at 8:10 a.m. to hold a closed session
on personnel consideratinns.
RECONVENE: The Board reconvened at'9:50 a.m. following a closed session
relative to personnel considerations. No action taken.
CHAIRMAN MOSELEY•ABSENT AT THIS TIME.
SUPERVISOR LEMKE PRESENT AT THIS TIME
Vice Chairman Wheeler advised that Chairman- Moseley had been
excused from the meeting as she had jury duty.
Pledge of Allegiance to the F1a~ of the United States of America
Invocation by Supervisor Saraceni
STATEMENT BY SUPERVISOR LEMKE
Supervisor Lemke stated that it was good to be back. He wanted
to thank everyone who had sent cards, flowers and inquiries into the status
of his health.
APPROVAL OF MINUTES
Consideration of approval of the minutes of August 3 and
September 22, 1981 was continued to October 6, 1981.
ADDITIONAL AGENDA ITEMS BY BOARD MEMBERS TO BE ADDRESSED AT THE END OF THE
DAY
Supervisor Lemke advised he had received a mailgram from Quentin
Kopp--~~lative:tb:. an emergency meeting of the Board of Directors of CSAC
on Friday relative to federal block grants. CSAC would like to be notified
as to the directors and staff members that would be attending the meeting.
He hoped to make the meeting.
CONSIDERATION OF RESOLUTTON FORMING A MUNICIPAL ADVISORY COUNCIL (MAC) FOR
THE CHAPMANTOWN AREA IN CHICO TAKEN OFF THE AGENDA
Consideration of the resolution forming a Municipal Advisory
Council (MAC) for the Chapmantown area in Chico was taken off the agenda.
CONSIDERATION OF THE ESTABLISHMENT OF A LEASH. LAW WITHIN CERTAIN UNINCORPORATED
AREAS OF THE COUNTY - CONTLNUED TO OCTOBER 27, 1981
Vice Chairman Wheeler stated that the Board had asked that the
consideration of the leash law be pulled until Supervisor Lemke had returned.
She would like to have this item held until a latex date. Most of the
interest seems to be in the Upper Ridge area.
Del Siemsen, acting county counsel, advised there were no
requirements for a public hearing on the leash law. The hearing had been
set to get public input to begin with.
The matter was continued to October 27, 1981 to be placed under
items for Board consideration.
Page 286.
September 29, 1981
September 24, 1981
81-2437 ADOPT RESOLUTION-81-216 APPROVING COOPERATT'VE AGREEMENT, SCHEDULE A AGREEMENT
b WITH CALIFORNIA DEPARTMENT OF FORESTRY FOR FT RE PROTECTION SERVICES IN
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Bill Teie, fire warden, stated that on November 10, 1931 the
county signed the first agreement with the Department of Forestry for
fire protection services. This is the fiftieth year for the contract.
Jerry Letson served as the fire warden from 1968 to 1973 and Bob Paulus
served from 1974 to 1979. They are both present today. The Director
of the department was unable to be present today because he is debating
the Legislature on a bill that could put the program in jeopardy. If the
bill is not vetoed, this could be possibly the last year the county will
be able to contract with the Department of Forestry. This bill was
modified and passed withouth any hearings or review. The bill takes
the authority by which the department can contract and adds points which
does not allow the department to contract. It is up to supposition as
to whether the county can contract with the department. This year's
contract is for $1.9 million. The first contract was for $3,700 and the
firemen were paid $. 37 per hour to fight..fires. In 1932, the amount
paid to the firemen was cut back to $.25 per hour.
Mr. Teie set out where the support for the bill that passed
the Legislature came from. The Federated Firefights of California
started the bill. It was opposed by everyone but labor. The bill will
anly effect the county after the bill takes effect in 1982. There is
a great deal of pressure to veto the bill.
Bob Paulus stated that the director sent his regrets. The
impact of the bill could be very damaging. They are doing everything
possible to urge veto of the bill. Fifty years is a long time to be in
a partnership. Ther benefits of the partnership are a two-way street
that while the citizens enjoy the services, so does the department. He
hoped they could continue the contractual arrangement.
Jerry Letson was introduced at this time. He was responsible
for the volunteer fire program ge~tingzstarted'in the county.
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and carried, Resolution 81-216 approving the cooperative agreement with
the State Department of Forestry in the amount of $1,904,261 covering
fire protection services in 1981-82 as approved in the budget hearings
was adopted. and the Chairman authorized to sign.
ADDITIONAL MATTERS PRES
BY BOARD MEMBERS
2439
Vice Chairman
the Republican Centeral
at 1:15 p.m, to ask the
referendum relative to
state.
wheeler advised that Jack Morgan, president of
Committee, would be present at a news conference
Board members to be the first to sign the
the redrawing of the legislative lines in the
PUBLIC HEARING: G. B. SIMPSON PETITION FOR VARIANCE TO SECTIONS 19-10 AND/OR
19--12.OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON
AP 27-08-025. 7127 UPPER PALERMO ROAD, PALERMO AREA,. ZONING: "A 5"
The public hearing on G. B. Simpson petition for variance to
Sections 19-10 and/or 19-12 of the Butte County Code for placement of a
mobile home on AP 27-081-025, 7127 Upper Palermo Road, Palermo area,
zoning: "A 5" was held as advertised.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
Page 287,
September 29, 1981
September 29, 1981
81- On motion of Supervisor Saraceni, seconded by Supervisor Dolan
3 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 27-081-025,
7127 Upper Palermo Road, Palermo area, zoning: "A-5" for G. B. Simpson
was approved for a period of one year.
2440 ADOPT ORDINANCE 2250.: PUBLIC HEARING: ROBERT L.. BROWN PROPOSED NEGATIVE
DECLARATTON AND APPEAL OF PLANNING COMMISSION'S DENTAL OF REZONE FROM
"A-40" (AGRICULTURAL- 40 ACRE PARCELS) TO "SR-2" (SUBURBAN RESIDENTIAL-
2 ACRE PARCELS) AP 48-01-17, 20, 21, 22 & 23, PROPERTY LOCATED ON THE
NORTHEAST CORNER OF COHASSET ROAD AND THORNTREE DRSVE CHICO
The public hearing on Robert L. Brown proposed negative declaration
and appeal of the Planning Commission's denial of rezone from "A-4~"
(agricultural - 40 acre parcels) to "SR-2" (suburban residential - 2 acre
parcels), AP 48-01-17, 20, 21, 22 and 23, property located on the northeast
corner of Cohasset Road and Thorntree Drive, Chico was held as continued.
Bettye Blair, planning director, set out the background of the
Hearing open to the public. Appearing: Kenneth Langford. Mr.
ngford stated he was part-owner in the property under consideration for
zoning. He had submitted information to the Board members prior to the
eting. The reason they were asking for two acre parcels is because
me of the property owners would like to divide their property into
o and one-half acre parcels. There are four, ten acre parcels that would
divided into two and one-half acre parcels. They had been told it
uld be better to ask for two acres so that the two and one-half acres
uld be allowed.
Supervisor Dolan advised that the entire parcel was contiguous
the City of Chico annexation which was in progress. The parcels between
contiguous to the property will be high density on sewer.
Vice Chairman Wheeler advised that staff recommended approval.
t also is consistent with the City of Chico General Plan.
Mr. Langford stated that the "SR-3" zoning would be inconvenient
the four, ten acre parcels. There is one existing road that goes through
s property. They have had some percolation tests done. Before any of
ten acre parcels could be divided they would have to do more tests.
Ms. Blair advised the Board that if they were to approve the
and one-half acre rezone, it would require a code amendment.
Hearing closed to the public and confined to the Board.
Supervisor Dolan stated that the Planning Commission denied
rezone because the rezone on the airport environs was appropriate.
It was moved by Supervisor Saraeeni, seconded by Supervisor Lemke
at finding that the requirements of CEQA have been completed and that the
vironmental documents have been considered in making this decision, a
gative declaration was adopted; finding that the project conforms to the
tte County General Plan; the rezone from "A-40" (agricultural - 40 acre
reels) to "SR-3" (suburban residential - 3 acre parcels)- for AP 48-01-17,
21, 22 and 23, property located on the northeast corner of Cohasset
ad and Thorntree Drive, Chico was approved; Ordinance 2250 be adopted and
e Chairman authorized to sign.
Supervisor Dolan stated she would support the action. She had
about adopting parcels`~Ita€~ might not be achieved. She knew
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September 29, 1981
September 29, 1981
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that the Health.Department would oversee very carefully. This property
lies beside and contiguous-to property on .sewer and that is zoned "SR-3"
zoning.
Vote on motion:
AYES: Supervisors Dolan, Lemke, Saraceni and Vice Chairman Wheeler
NOES; None
ASSENT: Chairman Moseley
Motion carried.
HEARING: CONSIDERATION AND"APPROVAL OF JAIL NEEDS, ASSESSMENT ST[JDX
The public hearing on consideration and approval of the jail
needs assessment study was held as advertised.
Gerald Lively, deputy administrative officer, stated that the
county is applying for funds under the California Capital Improvement
Jail Program. The money for this program is coming from tidelands oil
revenue. The are preparing the grant that must be in to the Department
of Corrections by November 1, 1981. The matter will be presented to the
Board prior to that date. An important ingredient in the grant is the
needs assessment document. This defines to the Board of Corrections what
the county has determined to be the needs. It is the basis for the
application. Once the needs assessment is approved by the Board, it
generates three or four other documents to be written. Hughes, Hess
and Associates were hired to prepared the needs assessment study. The
Board has formed an advisory committee for input into the document. The
function of the committee will continue through conclusion of construction.
He set out what the committee was to address. The grant does not require
that there be a five, ten and twenty year building.
Richard Brady, Hughes, Heiss and Associates, set out the summary
of the study that had been prepared and presented to the Board. He set out
how they had made the projections and the issues that were raised. There
was a six step process used in projecting the needs for the detention
facilities. They determined who was in custody at any particular time
and looked at the criminal justice system and how it operates in the
county as it affects the population in the jail during the week and on
weekends. They looked at the issues and the alternatives that come to them
from their investigations and from issues raised by people and the committee.
They then took all the data and started in conjunction with trends in
population of the past ten years and the criminal justice trends of crimes
and made projections for the future.
Supervisor Dolan questioned why there was a difference in the
numbers of beds between the cover memo from the Administrative Office and
the exhibit 2 prepared by the consultant, particularly in medical, mental
health and females.
Mr. Lively stated that the consultant and committee make the
recommendations based on statistics and their o.ffite made their conclusions
applied to what type of cell or dormitory facility would be built. They
looked at a dormitory to hold 16 people and the consultant had the number
at 12 people. When they added the construction needs they came up with
a scattering of a few more beds and would rather be over than under the
projected amount. They are making projections based on ten year projections.
There was a $5.2 million projected cost. There will'be another estimate
by the architect by application time. The first estimates were based on
the publications by the Department of Corrections. They are working with
the Department of Corrections step by step. The difference between the
Page 289.
September 29, 1981
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$8 million figure and the $5.2 million figure is the alternatives-for
incarceration proposed by the committee and the consultant. The projections
are somewhat lower than $8 million.
Mr. Brady stated that soime of the earlier high estimates had
to do with the higher security requirements than what are needed to meet
the needs of the sentenced population.
Supervisor Dolan stated that the current jail was constructed
seventeen years ago. The facilities has 173 beds but only 91 meet the
standards. Was the building built on projections? The county is faced
with meeting next year a need of 100 more beds to meet the standards. She
wanted to know what they were doing so that the jail is physically flexible.
Mr. Brady felt they were in abetter position than twenty years
ago. The population increases over the last ten years have been enormous.
Most of the bed requirements in the future will be for medium and minimum
type 3 and 4 and cheaper type 2 beds. This is something that will allow
for cheaper construction costs. The county does not have the flexibility
at this time.
Mr. Lively stated that in looking at this facility and other
jail facilities, the jail does not lend itself easily to expansion. The
new jail will be built to allow fox expansion. The other important factor
is to build a facility that recognizes staff requirements and the need
to minimize the need for staff.
Supervisor Lemke stated it was going to be difficult to
realistically prepare for ten or twenty years. He felt the entire system
was in a state of flux. The numbers of felonies have grown, not necessarily
because of the population increase. He assumed that the projection, study
and the work of the committee was aimed at one thing and that is to put
up a building to control the needs for felons for the next ten years and
to more importantly than that to get the money from the grant. Without
the grant there is no building.
Vice Chairman Wheeler stated that in most of the discussions
with the Chief Jailer and Mr. Lively, that in order to bring the current
jail up to the Board of Corrections standards and if the county does not
qualify for the grant, the cost would be $1.2 million.
Mr. Lively felt this was an opportunity for a major capital
outlay grant and it would answer many problems the Sheriff is facing at
this time. The committee is considering policies and programs. There
are recommendations the committee is bring up so the facility will be
manageable. This will not work unless the rest of the criminal justice
system works with the Sheriff.
Judge Rutherford, chairman of the committee, stated the
committee had met with the consultant. In the final report the committee
asked that the consultant go back and add more policy figures to bring the
numbers down and give the information on the peak periods. The peak
periods are on Friday, Saturday, Sunday and Monday. If there is a work
furlough policy that allows people to go out for shorter periods of time
and is operated over the week this could help reduce the peak periods.
The consultant was asked to go back and consider the figures for up-front
or projections. If these people are •.releasedpn Saturday, Sunday and
Monday, this will increase the bed space. The consultant was also asked
to put in the figures for driving under the influence. The committee
agreed they could accept those figures. The committee will continue to
function. They may be coming back to see if there are any funds for ,qr
projects now. Page 290.
September 29, 1981
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September 29, 1981
Heating open to-the public. Appearing ~ No'-one..
Heating closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and carried, the jail needs assessment study as provided. by Hughes, Heiss
Associates was approved.
PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION -~ GRIDLEY BIGGS AREA REZONE
The public hearing on the Butte County Planning Commission Gridley-
Biggs area rezone, item on which an environmental impact report was previously
certified, in order to bring the zoning into consistency with.,the recently
adopted General Plan for that area as required by state law, parcels designated
for the various land uses may be rezoned to-the consistent or conditionally
consistent zones of orchard. and field crops; agricultural-residential; low
density residential; medium density residential; high density residential;
commercial; industrial; and public with the area under consideration
containing approximately 42 square miles of publicly and privately owned
unincorporated land bounded generally by Highway 162 on the north, the
Feather River on the east, the Butte County line on the south, and a line
extending south from the Richvale South Highway on-the west, and including
the unincorporated areas surrounding Gridley and Biggs was held as continued.
Del Siemsen, acting county counsel, reported on the question
raised at the meeting held last week. The law requires that if the Board
sends the project back to the Planning Commission the Board must set
out the modifications they are requesting be considered. His recommendation
was that the Board-deny the project and send it back to the Planning
Commission for rehearing and it can be brought back to the Board after those
hearings have been held. The recirculation of the environmental document
would depend on the proposal being recommended. They will be holding
hearings on the proposal and sending the matter to the cities for comments.
Bettye Blair, planning director, had recommended taking this
back to the Planning Commission for rehearing and to the City of Biggs and
Gridley for input prior to the commission holding hearings.
On motion of Supervisor Dolan, seconded by Supervisor Lemke
and carried, the Gridley-Biggs area rezone as presented was denied and
sent back to the Planning Department for restudy and will not be heard
before the Planning Commission until the Cities of Biggs and Gridley and
individuals have been allowed to consider this matter in the communities.
RECESS: 11:15 a. m.
RECONVENE: 11:32 a.m.
.PUBLIC HEARING: MEL MULLEARY APPEAL OF CONDITIONAL NEGATIVE DECLARATION AND
!iADVISORY AGENCX'S DENIAL OF TENTATIVE PARCEL MAP,, AP 27-29-14, FOUR LOTS,
PROPERTY LOCATED ON THE WEST SIDE OF GRIER AVENUE, EAST OF RESERVOIR ROAD,
PALERMO
The pub lie hearing on Mel Mulleary appeal of conditional negative
declaration and Advisory Agency's denial of tentative parcel map, AP 27--29-14,
four lots, property located on the west side of Grier Avenue, east of
Reservoir Road, Palermo was held as closed and continued.
Supervisor Wheeler advised that this was a closed hearing and
had been held since-July, 1981 because of a tied vote. The Board may
still have to hold this matter.
It was moved by Supervisor Saraceni, seconded by Supervisor
Lemke that the appeal of Mel Mulleary of conditional negative declaration
Page 291.
September 29, 1981
September 29, 1981
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and Advisory Agency's denial of tentative parcel map, AP 27-29-1G, four lots,
property located on the west side of Grier Avenue, east of Reservoir Road,
Palermo be upheld; that the negative declaration be approved; and the map
be approved subject to the following conditions:
1. Verify legal access.
2. Provide two-way traverable access RS-8-LD-I to each. parcel from a
county maintained road or state highway.
3. .Access to be reserved in deeds as per county ordinance and offered
for dedication on the final-map.
4. Show SO ft, building setback line measured from centerline o£ access
easements.
5. Provide road maintenance agreement.
6. Indicate a 50 ft. building setback from the centerline of Grier Avenue.
7. Show all easements of record on the final map.
8. Provide street name signs per requirements of the Department of Public
Works prior to recordation of the final map.
9. Pay off any assessments.
10. Provide cul-de-sac at the end of the street.
11. Pay any delinquent taxes.
12. Prove that the required quantities of domestic water are available to
each parcel or place the statement on the map that there is no evidence
that domestic water is available.
13. Show two (2) acres of usable sewage disposal area on each parcel in
compliance with appendix seven (7) of the Subdivision Ordinance Standards.
Vote on motion:
AYES: Supervisors Lemke and Saraceni
NOES: Supervisor Dolan and Vice Ohairman Wheeler
ABSENT: Chairman Moseley
Motion fails.
The hearing was continued to October 6, 1981 at 10:00 a.m. to
be the first item listed on the hearings.
Del Siemsen, acting county counsel, stated the Board had a
problem with the State Map Act that when there is a closed hearing the
Board has to act within ten days or be deemed approved. He suggested
the Board open the hearing to the public.
Hearing open to the public. Appearing: Bob Huskey. Mr.
'Huskey stated that the hearing was closed more than a month ago. It was
closed on the first hearing that was held on July 21, 1981.
** I V~.ee:• C~iairman Wheeler asked that staff research the minutes
and the Board could resolve the issue.
Page 292.
September 29, 1981
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September 29, 1981
The heaz'ing was continued to later in theiueeting.
APL'EARANCE: CHARLES SCULL
Mr. Scu11 stated he was representing the Sierra Del Oro Homeowners
Association and the POA. On January 27, 1981 they sent a letter to the
Board asking that meetings be set up to for a disaster plan for the Upper
idge. That letter was referred to Tom Struthers.- To-date, he has not received
an answer to that letter. He has verbally talked with rir. Struthers. He
'anew that under the California Emergency~Services Act a disaster council
can be formed by ordinance by each county. The council was formed in this
county. There are two members of the Board on that council. It is the
duty of the council to develop plans for conditions in a local emergency.
Ln the EIR for the Upper Ridge rezone it showed that there was extreme
fire danger and the roads were inadequate. They recognized that the roads
were inadequate. The fire danger is something to speak to. He requested
that the Board instruct the people in the county to develop the plan
that could be coordinated with the fixe people, There is a need for a
plan to move people from one area to another. There is federal money
available for warning people in an emergency. Oroville and Chico should
also have a plan. He asked that the letter be answered and that the plan
be started to form a plan for the Upper Ridge. They will do everything
in their power to help on this plan.
Vice Chairman Wheeler felt that staff should be directed to
neet with the representatives from that area to implement a plan.
CLif Nickelson, administrative officer, stated that the Board
reduced Mr. Struters staff. He did not know where they would find the
rime under the staffing constraints. These plans can get extremely
involved. Each of the individual emergency services people have plans.
Supervisor Lemke felt the county would probably find more help
than they need to get the job done. If the Board directs Mr. Struthers
to do the plan, he guessed he would do the plan. He was available to
work with Mr. Struthers. The Chairman of the Board of Supervisors is
the disaster coordinator of the county in the event of any diaster. The
county is totaly dependent on the Chairman in a disaster. He felt it
behooved the county to be on top of this thing.
Mr. Scull stated that he had talked with a sergeant in the
Upper Ridge area and the sergeant knew of no plan for that area. There is
no formed plan for this area. If the county offices that are designated
to do specific work and they say that because of reduction in staff they
cannot do the work, that job is redundant and the job should be done away
with.
Supervisor Dolan stated that the Purchasing and Civil Disaster
Department was reduced to one and one~half people which was a reduction
of two-thirds and there is still the same job description. Something has
to give.
Mr. Nickelson stated that the potential exists for a majar
effort and once that plan is done, then another develaps and they just do
not have the staff.
Supervisor Lemke stated he would be glad to work with the
people in the area. He could see no major problems. He will get in touch
with Mr. Struthers on this matter.
Page 243.
September 29, 1981
September 29, 1981
81-2445
b.
APPEARANCE: MARTHA:DANENHAUER
Ms. Danenhauer stated she was the president of TransMed Incorporated.
She came before the Board and BCAG when the efforts were started to transport
the medically ill. They have transported 38 patients since January 1, 1981,
traveled 1,400 miles outside the county as well as 6 to 29 miles around the
perimeter. They have budgeted expenditures of $2,500.- They are funding
through soliciation. There is a potential of twelve members. She requested
that the Board conduct a survey to ascertain the number of rides to fobs and
the number of rides to doctors. in all the areas of-the county. She would
like to see four buses circle the hospitals in Chico and Paradise. She
was aware that such .a study was scheduled within the Public Works Department.
Fifty percent of their patients axe recipients of county, state or federal
assistance. For that reason, she requested that the Board consider supporting
funding for their organization. She would like to ask for consideration
in next year's budget.
funds.
2446 ENDORSE DESIGNATION OF CHINESE CEME
Henry McCall stated he would like to submit an application to
the state to have the Chinese Cemetery in Oroville designated as a
historical landmark. About one and one-half months ago, he came to the
Board to ask .t hat the Boy Scouts be allowed to clean the cemetery. The
last person to be buried in the cemetery in a member of the Chan family
in 1940. The scouts have completed about one-half of the cleanup work.
~Ie submitted a letter of support from the Butte County Historical Society
for the designation of the cemetery as a historical landmark. He was
requesting that the Board application for the designation. The cemetery
is located in the City of Oroville but is under the control of the county.
Vice Chairman Wheeler directed staff to bring back this matter
a formal proposal for Board consideration.
On motion of Supervisor Sa.aclnr;:~seeonded by Supervisor Lemke
carried, the designation of the Chinese Cemetery in Oroville as a
torical landmark was endorsed.
Ms. Danenhauer was advised to write a letter requesting those
A letter of endorsement, and support to be sent.
Discussion of whether the county could sell the cemetery to
City of Oroville held at this time. The matter to be sent to staff
research.
Mr. McCall stated that he would submit the matter to the Oroville
ty Council and ask that a letter lie sent to the Board requesting that
e Board sell the cemetery to the city of $1.00.
2447 (MOTION TO WATVE SANITATION FEES FOR MAGALIA COMM[R3ITY CHURCH WITHDRAWN -
f'.nNTTNTTF.I) T(l nCTOBER 6. 1981 FOR A REPORT ('ROM COUNTY COUNSEL
Carl Worthington, Magalia Community Church, stated that the
hurch has been designated as a historical site and the application for
lacement on the National Register of Historical Places will be considered.
hey have been operating the church with no water or bathroom facilities.
hey are in the process of installing a bathroom facility and would like
o have the sanitation fees waived. The fees are $78.
It was moved by Supervisor Lemke, seconded by Supervisor Dolan
t as a historical site, the Board authorize the waiving of fees on the
alia Community Church.
Page 294.
September 29, 1981
_ _ _ _Se_ptember 29, 1981 _ _ _
Del Siemsen, acting county counsel, asked that this matter be- +
referred to his office before the Board takes any action.
SI-
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Motion withdrawn.
2448
The matter was continued to October 6., 1981 for a report
back from Counsel.
APPEARANCE: ROSA BETTENCOURT
Ms. Bettencourt presented a'letter to the-Board on behalf of
the Butte County Committee for Employment of-the Handicapped. She read
the letter at this time. She was asking that the Board to proclaim
6ctober 4 to October 10, 1981 as Handicap Employment Week.
Staff directed to send a letter of recognition.
Clif Nickelson, administrative officer, set out the reasons
the Board had decided not to have proclamations.
Supervisor Lemke was willing to have this matter placed on
the agenda for discussion as to whether to change the policy of issuing
proclamations. He felt that the Board should just send a letter until
they decide whether to change the policy or not.
2449 APPEARANCE: TOM WILSON
Mr. Wilson stated that the Arts Counsil:would be holding a
meeting in Paradise on September 30, 1981 from 10:00 to 5:00 at the Theater
on the Ridge. The meeting will be open to the-public. He invited the
Board members to attend the meeting.
2450 ADOPT RESOLUTION 81-217: PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION
AMENDMENT TO BUTTE COUNTY GENERAL PLAN, HOUSING ELEMENT (FINAL DRAFT OF
HOUSING ELEMENT APPLICABLE TO THE UNINCORPORATED PORTIONS OF THE COUNTY)
The public hearing on the Butte County Planning Commission
amendment to Butte County General Plan, Housing Element (final draft of
housing element applicable to the unincorporated portions of the county)
was held as continued.
The following letters were received:
Virginia Teague
Jane Shettlesworth
Richard D. Dent
Mitchell 0. Pratt
Chaxlie Woods, planning department, set out the background of
the element. If there are any changes that must be made, because of the
time frame, he advised that the department will have to do some editing
within the text to fit the numbers that are finally adopted. The Board
would be adopting a resolution that would incorporate all the environmental
findings.
Hearing open to the public. Appearing:
1. Jay Halbert, Chico. Mr. Halbert stated his primary concern
was low density designations. There is a large amount of area in the
Chico area that can support higher density than four units per unit.
He agreed with the Planning Department compromise on the density. He
did not understand the two designations for septic versus sewer.
There is the comparison between a standard subdivision and a "PA-C"
subdivision. He presented information on this. He felt this information
Page 295.
September 29, 1981
____--________ September 29s 1981 _______________~
gl- illustrated that low density could still be achieved in character but at a
~ lower cost for housing. Another illustration is there is a large amount
of land wasted in the standard subdivision.
2. Dan Hays, Sr. Mr. Hays presented information on the median
sales prices of existing single-family homes in the U.S. and California.
The average in the U.S. is about $63;000.and $100,000 in California for
the median price.. From the figuies in Butte-County-the average median
price is about $84,000..: The biggest single cost of a home is the land.
Ln 1938, a person could buy a lot in Chico for $50 cash. and could build a
1,000 square foot home for about $2,375. Today that same lot would cost
$27,000 and the cost of the house would be $21,000. The land is worth
more than the house. The availability of land is the key to any affordable
housing. Density affects that.
Supervisor Dolan stated that the last statistics she had seen
when the interest rate was at 16 percent was that one percent of the
population in California could not afford to buy a home.
3. Evelyne Reeder, Oroville. Ms. Reeder stated she was opposing
the density over five to eight units per acre. She was concerned that
the low income housing would be rented. She was afraid of bad renters.
There are 450 acres of private land around her property. She felt the
seven to thirteen units was drastic. She wanted to know where the high
density would be placed.
Mr. Woods advised that the county policy in the land use plans
indicate that urban development should take place within the existing
urban areas. The densities the Board is considering would be located
within the various locations as planned or established within the existing
urban areas. The high density would be implemented by "R-3" and "R-4"
zoning.
Ms. Reeder read a letter from Charles G. A11en opposing .the
high density.
3. Lew Pratt, Oroville. Mr. Pratt spoke regarding lot size.
There are very few yards that are landscaped on the larger lots. A good
portion of the property goes to waste and is not used. A person needs a
lot to build a house on. He asked that the Board consider doing away
with the minimum lot size and let the density take care of the problem.
4. W. A. Peterson, Oroville. Mr. Peterson stated that he was
a member of the Foothill Farmers and Residents who took the county to
task on one subdivision because the density was too high. They had been
in support of low density with a minimum of one acre. People are coming
to Butte County and Northern California looking for property. They are
not looking for another area that is covered with asphalt. He invited the
Board to come out in the foothills and look at the landscaping of the
property.
5. DeI Ellis, Oroville. Ms. Ellis was opposed to the increase
in density. She felt the density of one to four units per acre was nice.
People sometimes do not landscape their property because they do not have
the time. If there are smaller parcels, children will be playing in the
street. She has heard people in subdivisions where the lot is small, say
they will move to something else as soon as they can afford to do so.
She was not approached by the committee on this matter. She was not
against affordable housing. Senior citizens would like smaller areas.
She wondered if growing families would be satisified with small areas.
Ms. Ellis read a letter from William Mazurek relative to densities.
Page 296.
September 29, 1981
81-
3
____________=September29, 1981 -____ J__-_______
She did not feel this was necessary. She felt that- if the high densities
were approved the land developers would build to the extent o£ the density.
Hearing closed to the public and confined to the Board.
It was moved by Supervisor Saraceni, seconded by Supervisor Lemke
that the sewer densities be as they are in the staff proposal; 1 to 7 low
density, 8 to 12 medium density and 13 to 24 high density, and without
sewer as recommended by the Planning Commission; 1 to 4 low density, 5 to
8 medium density, and 9 to 12 high density; excluding any mention of minimum
lot size; that the Board has considered and adopted and certified the
negative declaration that has been prepared in conjunction with the Housing
Element pursuant to the California Environmental Quality Act; and adopting
the Housing Element as an amendment to the Butte County General Plan, the
Housing Element together with the other elements of the General Plan to
be policy for all findings made pursuant to law and that a resolution be
adopted and the Chairman authorized to sign.
Supervisor Dolan understood that the motion was to approve the
dual standards for density; the one recommended by the consultant and the
density without sewers for the existing densities.
Supervisor Saraceni stated that was basically the motion. It
was also Supervisor Do1an's opinion as well. He wanted to see the areas
without sewers at a lower density.
Supervisor Dolan stated that what she said last week was that
if she had one week to look at whether the dual density standard, the
single standard or the one to five standard, she would take that action
because she was not ready to abandon the density at that time. She
thought about it and talked with several people. She felt that the main
affect would be in the Oroville area if the Board adopted the dual standards.
The other municipalities require annexation to be allowed when the
development is on sewer. The unincorporated area of Chico wil-1 be without
sewers unless they are annexed. The compromise suggested by staff for
the medium and high density for one standard seems to be the most workable
standard to her. She looked at what had been,;.approved and the hearings
that were held and the findings that had been made to allow development
to proceed was a bit over the density standards. The decisions fall
within the compromise figures. She knew that high density would depend
on the Environmental Health standards. She has listened and heard do
not increase densities because it will ruin an area. This is just one
of the elements of the plan. The table on page I-39 indicates the
inventory of the number of parcels that have designations. In the Oroville
area, with 18,000 acres of low density residential, if these were all
built the population would be 188,000. The medium density for Oroville
shows 7,300 acres and that would make a population of 151,000. The
high density in Oroville of 400 acres would have a population of 20,000.
She felt the problem for what was designated is the existing zones and
how that works with the densities in the Housing Element.
Maybe some of the designations need~to be changed. There are
othex procedures that are there fox the changing of density. The people
in the Thermalito area want to have the density less than what is provided
for at the present time. The "A-2" zoning needs to be changed. There
are areas where the Board has approved higher than allowable densities
now. This was done three times in Chico. Tf they keep the density without
sewers, it will mean a bi.g change in the Chico area. She felt that
staff's compromise was what would be the best.
Vice Chairman Wheeler was also acceptable to that.
Page 297.
September 29, 1981
t=~
81-
5
September 29, 1981
Supervisor Lemke felt that the majority of the high density being
iiscussed would be lowered by Environmental Health requirements.
Motion withdrawn at this time.
2451.
Supervisor Dolan asked that the acknowledgement page show the
ieletion of Marianne O'Malley and Mary Watters. These people did not
attend the one meeting that was held and asked that .their names be taken
off the document. On page III, there is reference to the fact that the
task force has met once to review the document and will meet again to
review the entire draft before the housing element is adopted. That meeting
to review the entire draft did not take place. She asked that this be
removed. When HCD responds, she knew it would be more than a one-page memo.
Tn looking at all the charts and footnotes, the statistics will change when
the census data is available. The statistics are based on the 1970 and
1975 census. Those are two things that will require a change within one
year. She wanted something added to the document that would show that
when HCD sends their comments and the census information is available,
that this will be referred back to the task force for response. Page 55,
paragraph 2, line 4, relative to the natural forces of inflation. Remove
the word: natural. Page 55, paragraph 3, line 5, change word inflation to
speculation.
Mr. Woods stated that the information. from the Planning Commission
relative to item 35 indicates that there was a change to page III-13,
paragraph 3 under improving land utilization. It is possible that if the
Board wants to strike any specific reference to minimum Iot sizes by number
that they could say to maintain minimum lot sizes consistent with the
density provided for in the General Plan. That would be striking 6,000
and 8,000 square feet. From the tables that accomplish the density
designation thse square footage references could be eliminated even
though they were not minimum lot sizes, only for-reference purposes.
On motion of Supervisor Dolan, seconded by Supervisor Lemke
and carried, Resolution. 81-217 adopting the Housing Element, making the
findings that the Board has done what they were to do regarding CEQA,
the other Government Code sections, the Board has the regional housing
needs assessment, the Board had a task force-that met once, the negative
declaration was adopted; the changes listed as Exhibit A forwarded by
the Planning Commission except for ~i36, which was amended to read: The
County shall maintain minimum lot sizes consistent with density as
provided for in the General Plan, were adopted; the square footage
column in that chart was eliminated; page III-10 to show the density
designation will be as proposed as labeled the potential compromise;
understanding that means there will be some changes to the draft by
staff regarding density; aekitow3edgement page to show the deletion of
Marianne O'Malley and Mary Watters; page iii to delete: will meet again
to review the entire draft before the housing element is adopted;
page iii add: When. HCD sends their comments and the census information
is available, this will be referred back to the task force for responses;
page 55, paragraph 2, line 4: delete word natural; page 55, paragraph 3,
line 5: change word inflation to speculation; was adopted and the Chairman
authorized to sign.
RECESS: 1:22 p. m.
RECONVENE: 2:30 p.m.
PUBLIC HEARING: CONSIDERATION OF CONSOLIDATION OF BIGGS AND GRIDLEY
JUDICIAL DISTRICT
The public hearing on consideration of the consolidation of
the Biggs and Gridley .Tudicial District was held as continued.
Pale 298.
September 29, 1981
September 29, 19.81
81- Hearing open to the public. Appearing: Leta Fortney, president
~ Biggs Women's Club. Ms. ~'ortney stated she had previously submitted a
letter on this subject.
The hearing was continued to October 6, 19.81 at 10.:30 a.m.
2452 APPEARANCE: JACK 2'IORGAN
2453 ~
Mr. Morgan asked that the Board members be the first to sign
the referendum relative to the redrawing of the legislative lines in the
state.
RECESS: 2:39 p.m.
RECONVENE: 2:42 p.m.
PUBLIC HEARING: CONSIDERATION OF CONSOLIDATION OF PARADISE AND OROVILLE
JUDICIAL DISTRICTS
The public hearing on consideration of consolidation of the
Paradise and Orovlle Judicial Districts was held as continued.
Hearing open to the public. Appearing: Robert Hewitt. Mr.
Hewitt stated he had some questions he would like to-have answered. He
understood that if the two courts were merged, it would become a
municipal court because of the population and size. If the boundaries
were moved below Butte College, he understood the population would make
Oroville a municipal court also. When that happens the cost for-the judge
and the court personnel increases to a municipal court level. He felt
the cost increases would be substantial. He wondered if there was cost
justification for the merger. He was concerned with the Paradise residents
having to travel to Oroville. He wondered what kind of effect this
would have on the travel fund and also on the elderly and sometimes disabled
individuals. He was concerned with the merger and putting the entire
caseload at Oroville. If there were two courts, there would be no
justification. There would be a waiting time for court cases. There would
be more jury trials at this level with the merger and there would be a
cost fox travel from Paradise to Oroville for the potential jurors.
Clif Mi.ckelson, administrative officer, advised that the
circumstances are not the same as they were when the information was
submitted during the budget hearings. Based on the concept that the
istrict Attorney would be closing the office in Paradise, based on the
opinion that the court in Paradise would be eliminated, they had presented
the figures. The District Attorney has an operation in Paradise.
Hal Brooks, district attorney`s office, stated that the office
in Paradise was opened for accessibility to the court and law enforcement.
Their primary function is to act as an advisor. Prior to the opening of
the Paradise office, the request for complaints had to be submitted to~
the Chico office and this was creating a problem for handling cases.
Law enforcement is. still in Paradise. The Town of Paradise had a
tremendous impact-on the office. They also have a great deal of contact
with the Sheriff's Office in Paradise.
Supervisor Dolan stated that the information prepared for the
Board in July 21, 1981 shows a total savings of $85,470, which shows
the elimination of the District Attorney's operation in Paradise at
$31,000 plus.
Mr. Brooks,~Stated those were the positions requested and not
the positions that are waning that office.
Page 299.
September 29, 1981
September 29~ .1481
81- Mr. Nickelson stated that in the memo from the budget hearings,
~ there was no provision for apart-time judge to-help Judge Rix which would
have to be computed at a municipal court salary.' The statistics seem to
show that if the two courts are consolidated that one judge will not be
able to handle all the eases in the court.
Supervisor Dolan wondered if that wasn~t occurring now. The
Oroville Court is at 1.3 to 1.4 judges and Paradise at .4 or .5 judges
which is a total of 1.9 judges. Those statistics are similar to the
:bico Municipal Court. She knew there were-many days of -the week when
there is a second judge in that court. She wondered where the cost was
reflected. There are tunes when there is a visiting judge in the Oroville
Court.
Consideration of both the consolidation of the Paradise and
Oroville Judicial Districts and the Biggs and Gridley Judicial District
continued to October 13, 1981 at 10:00 a.m. for a report back from the
Administrative Officer on the number statistics.
Supervisor Saraceni asked that the report address the salaries
and the cost of distance for travel for jury costs and the increase in
the costs of salaries for a municipal court.
Mr. Nickelson stated that there are also other alternatives.
One alternative would be to leave the courts as they are now and if the
state takes action to reorganize the courts, they will have to pick up
the cost of the changes. If the Board is going to reorganize it would
probably better to consolidate Paradise with Chico rather than Oroville.
That would leave only one municipal court. If Oroville and Paradise
were consolidated that would automatically become a second municipal
court in the county.
Administrative Officer to also make a report on the alternatives
available to the Board.
2454 APPROVE EXTENSION FOR OJT SUBGRANT
On motion of Supervisor Dolan, seconded by Supervisor Saraceni
and carried, the On-the-Job Training (0:7fi) subgrant with the Employment
Development Department to extend the program for 30 days to allow EDD time
to close out their September accounts and transfer the program to the
county was approved and the Director authorized to sign.
2455 CONCUR WITH PIC IN .AWARDING ECONOMIC DEVELOPMENT ACTIVITIES CONTRACT TO
BUTTE COUNTX OVERALL ECONOMIC DEVELOPMENT, INC.
On motion of Supervisor Lemke, seconded by Supervisor Dolan
and carried, the Board concurred with the Private Industrical Council
in awarding the economic development activities using CETA Title VII in
federal fiscal year 1982 contract to Butte County Overall Economic
Development, Inc. with the Board members to be sent a monthly financial
statement; and the Director authorized to sign the contract subject to
review by Auditor and County Counsel.
2456 ADOPT RESOLUTIONS 81-218; 81-219; 81=220; & 81-221: MODIFICATION OF
OFFICE HOURS
Gerald Lively, deputy administrative officer, reported on the
office hours modification for the Clerk-Recorder, Probation Department,
and Planning Department. The instruction, from last week was to take a look
at-Having -the hours uniform throughout the offices making the changes.
The Probation Office has asked to be open from 8:00 a.m. to 12:00 and
from 1:00 p. m. to 4:00 p.m., closing during lunch and the Last hour of the day.
Page 300.
September 29, 1981
Se~te~her 293 1981
81- The Planning Department has an open counter. He would like to
see the Board approve the hours for Planning to open from 8:00 a.m. to
1:00 p.m. The Board could then evaluate the matter and see if it is working.
e did not see the Building or Subdivision Departments closing as they are
n a fee basis. They can generate fees to allow for the workload.
Supervisor Saraceni wanted to know if Mx. Lively was -suggesting
the office be closed from 1:00 p.m, without any attendance on the
ter after i:00.p.m. Was there any information on what was coming over
counter? One of the questions was what kind of travel there was over
counter.
Mr. Lively stated that the presumption is that a person can be
assigned to the counter and people can ask questions. That question could
involve a planner or the clerical staff. Ms. Blair has asked that the
office be closed from 1:00 p. m. to 5:00 p.m.
Supervisor Saraceni did not know ..why. a person could not be
assigned to the counter fox that period of time. He found it difficult
~o close an office for one-half day when the Board reduced the budget by
?0 percent. He felt one person should be utilized to answer questions.
with the office hours closed for that time, the overall effect is 22 percent .
~f the budget.
Superviso~Dolan stated that the office lost one clerical person.
Cf the projects are not being processed in a timely manner, the public is
aot being served either. There were other things reduced in the budget
besides staff. Professional services that allowed for contracting out
the map service was reduced thereby putting an additional workload on the
planners. If there is one person on the counter to answer calls and
~uestions~then the office is open. There were two and one-half positions
reduced, which is different from the other positions of not being filled.
It is a misnomer that the office is closed. Staff is still working.
Vice Chairman Wheeler felt that Ms. Blair had a valid argument
for this proposal, primarly to expedite the business of the public. Quite
often there is a problem of not being able to expedite this information
as soon as could be done. She felt that considering budgetary cuts, the
Board should allow them an opportunity to see if this would work. She
felt that management was best to determine that work that has to be done.
Tf it would create a great_,deal of discomfort to the public, Ms. Blair
would come back with a proposal to take care of the matter.
Supervisor Saraceni still felt the counter should remain open.
There should be someone to take the papers and refer matters to any staff
available. There would be someone for the public to talk with as opposed
to coming up against a closed door. '
Supervisor Lemke felt that by leaving the door open it would
be the same as being open all the time. The banks have been doing this
for years, otherwise the banks do not work.
Supervisor Saraceni felt they should look at the mandated programs
that Planning is forced to do and to keep the counter open.
Supervisor Dolan did not feel that they could leave the counter
,open and place the burden on one person.to answer questions that they
(might not be able to answer. She felt that the only other alternative
~Iwould be to close the office from 1:00 p.m. to 5:00 p.m.
Page 301.
September 29, 1981
ST-
Se~tembex 29~ 1981 _
Bettye Blair, planning. director,, stated tfiat when the Board was
considering the budget she asked to be allowed to be one of the .office
that could close. In the proximity of the offices there is no one there
except the clerical support staff and they cannot answer questions. She
felt the public relations was as poor as no one to talk to. Since they
are in close proximity to other departments, if the Board wants someone to
answer the phones and wait on the counter, perhaps they could borrow someone
from the other department fox this purpose. Her concern was for the clerical
staff at this time. They have to be given time to `put out the information.
She had proposed about ten -man months on contractual basis for mapping.
Effectively from losing two and-one-half people, she would prefer to say
she lost three and five-eights people. If she finds that this is not
working out she will be reporting back to the Board. ~f she finds there
is time, she might be able to put a professional planner on the counter.
Supervisor Lemke felt that was a very valid point. Time after
time, a person comes to the Board and says they were told by the person
in Planning that this was right. This would not happen as often if the
planners were giving the answers.
~***
Supervisor Saraceni felt that if the counter were open, there
would be someone there to give the documents out and advise what time the
person could come back to have their questions answered.
Supervisor Lemke stated that the hours that people use the
county offices are generally the business hours that have to do with some
kind of business. These are business related subjects. Why couldn`t
type establish a counter hour for business purposes to coincide with the
business hours kept by the financial world that are open from 9:00 a.m.
to 3:00 p.m. for public access even thaugh they work 8:00 a.m. to 5:00 p.m.
Infs. Blair stated that the counter would still hold informational
sheets and would still remain available to the public. The critical
issue to her was if she was required to place a clerical staff person on
the phones and counter, because they are limited. She would be willing to
come back to the Board if she is able to place a professional person on
the counter.
Clark Nelson, county clerk-recorder, stated he had discussed
the office hours with Mr. Kelly of the Bar Association. At this point in
time, he has six less bodies than he had six months ago. The only way
they can make it is if they close the office. The original hours in the
Clerk`s Office were established to help the Bar Association and the Court.
There would be a drop box so that people could put their completed
documents in and have them processed. There could be a telephone line
for emergency calls, such as injunctions and restraining orders. He would
like to have the Clerk and Recorder's Office open and closed the same time.
He would like tb have both offices open from 8:00 a.m. to 1:00 p.m.
The reason he was premature in closing his offices was that one morning
he came in and found that the third day's mail had not been opened yet.
This closure is the only way he can~make the Clerk's Office work.
He is changing people between the Clerk and Recorder's Offices. He is
trying to make more efficient use of the two offices. When. the offices
are closed from 1:00 p.m. to 5:00 p.m. everyone goes to lunch from 3:00.
to 2:00 p.m. and then they start inputing the information for the
Recorder's Office. He did advertise the closing. There is still a branch
office for a title company in the Recorder's Office. They sit in the corner
and are charged rent for that space. A11 the title companies have their
own telephones in the off-ice. Tf people are wanting to use the office for
research, he felt that something could be worked out.
Page 302.
September 24, 1981
September 29~ 1981 _ _ _ - ~ _ _ _ _ _ _ _
81- j Supervisor Saraceni felt that maybe they should close for four hours
b' every week. He did not know what they had been doing .all .the way through.
Vice Chairman Wheeler stated that the Board is -making policy and
hearing management 3uaking suggestions. She felt that the Board members
should watch and know what goes on in the departments. A,\good portion
of the paperwork is generated by the Planning Department and by the courts.
She felt the departments were asking for a helping hand and will come back
if they find this-will not work and is .not acceptable.
Supervisor Saraceni agreed and would like to go into each department
and go over what is happening and what is~coming in.
RECESS: 3:52 p.m.
RECONVENE: 4:02 p.m.
Supervisor Saraceni would like to see a committee formed to
get into the departments and make decisions.
Supervisor Lemke was not about to tell the department heads how
they should operate. He would like some standardization of the hours so
people have an idea of when they can come to the county offices. He did
not care if all the offices went to 8:00 a. m. to 1;00 p.m. as long as they
were all the same. The request by the Probation Office for different
hours bothers him.
Supervisor Saraceni stated that one of the things brought up
during the budget was the formation of a task force to be appointed by
each supervisor out of the private sector to have the knowledge along with
the Administrative staff to go through each department that is requesting
a change in hours and see what they can come up with.
Supervisor Lemke advised that a task force was already available.
The Board could-ask the Grand 3ury to look into the matter. They already
go into every department.
Supervisor Dolan stated that the last time the Board discussed
this matter, it was agreed that any proposal would be put into writing
so the Board understood what was being proposed. All of the Board
members have different ideas about economy.
It was moved by Supervisor Dolan, seconded by Supervisor Wheeler
that the following resolutions implementing changes of office hours be
adopted and the Chairman be authorized to sign:
Resolution 81-218~settingpfhe .hours open to the public for
the Planning Department from 8:00 a.m. to 1:00 p.m.
Resolution 81-219 setting the hours open to the public for
the Clerk's Office from 8:00 a.m. to 1:00 p.m.
Resolution 81-220 setting the hours open to the public for
the Recorder's Office from 8:00 a. m. to 1:00 p.m.
Resolution 81-221 setting the hours open to the public for
the Probation Department from 8:00 a.m. to 12:00 and from 1:00 p.m. to
4:ao p.m.
Supervisor Saraceni felt that if the Board has a committee within
the Grand Sury_then they should ask for that help.
Page 303.
September 29, 1981
September 29, 1481
g1.-~ Supervisor Dolan did not mind the Grand:3ury looking at this or
~ any proposal. The Board needs-to take this action now. The Board had a
discussion with the departments at budget tune and the staff was reduced and
*aas not added as needed. The Board started with the Planning-Department,
hen that budget was reduced by two and one-half positions and the professional
c ontract was reduced. The Probation Department did not receive the added
positions during budget session and the Probation Officer notified the
courts that he could not keep up. She felt that this should be approved and
then the county can analyze what has happened.
Vote on motion:
AYES: Supervisors Dolan, Lemke and Vice Chairman Wheeler
NOES: Supervisor Saraceni
ABSENT: Chairman Moseley
Motion carried.
2457 CONSIDERATION OF DESIGNATION OF PUBLIC GUARDIAN - CONTINUED TO OCTOBER 6 1981
Consideration of designating the District Attorney at the Public
Guardian effective October 2, 1981 was continued to October 6, 1981.
2458 APPROVE/DENY PENALTY ABATEMENT RE VESTS CHANGE OF OWNERSHTP REPORTS
On motion of Supexvisor Saraceni, seconded by Supervisor Dolan
and carried, the following action was taken:
1. Approved penalty abatement request for Mr. and Mrs. Ronald
Tellier, et a1 for AP 062-07-0-409-0
2. Denied penalty abatement request for Mr. and Mrs. Clint A.
Freedle for AP 054-24-0-084-0
2459 ADOPT RESOLUTION 81-222 APPROVE SECOND YEAR FUNDING APPLICATION FOR CALIFORNIA
ARTS COUNCIL GRANT FUNDS
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and carried, Resolution 81-222 appraving the second year funding application
for California Arts Council grant funds in the amount of $12,000 and
designating the Butte County Arts Commission as the local art planning
agency was adopted and the Chairman authorized to sign.
2460 APPROVE BUDGET TRANSFERS
On motion of Supervisor Dolan, seconded by Supervisor Saraceni
and carried, the following budget transfers were approved:
B-32 - Suppleme_n_ta1 Manpower Program. Within the Administrative
Cost Pool, increases professional and specialized services in Title IIB,
$1,177.71; increase travel in Title IV SYEP, $36.60; increases special
departmental expense, $864 and contributions to other agencies, $3,500
within Title VI: and within Title VT Public. Service Employment, decreases
extra help., $55,000; contributions to other agencies, $30,000;'extra
help, $210,000 and special department expense, $2,512. This transfer
recognizes an overall decrease in appropriations in Map power accounts and
federal manpower revenue totalling $291,933.69.
8-33 - Supplemental Manpower Program. This is a $118,200 transfer
between various_line items in various Manpower programs in order to adjust
appropriations within the Manpower budget to cover actual expenditures for
federal fiscal year 1981.
B-34 - Housin and Community Development. Establishes a budget
for the Housing and Community Development State Deferred.Payment'Rehabilitation
Page 304.
September 29, 1981
s1-
3
2461
2462
2463
September 29, 1981 - - - _ _
Loan Program totalling $57,500 as approved by the State Department of Housing
and Community Development on June 30, 198E The budget includes, professional
and specialized services, $7,500 and major rehabilitation loan program,
$50,000.
B-35 -'Public Health - DCRC. Increased the appropriation for
professional and specialized services in the amount of $48,453-with funding
coming from unanticipated revenue pursuant to the agreement with the State
Department of Alcohol and Drug Abuse and-the subcontract with the North
Valley Parent Education Network (,PEN) as approved by the Board of Supervisors
on July 21, 1981; Minute Order 81-2101.
8-36 - Building inspection and Farm and Home Advisor. Within the
Building Inspection budget, transfers $4,693 from regular salaries and wages
and $2,930 from employee benefits with similar amounts going to similar
budgetary classifications within the Farm and Home Advisor's budget in
order to correct the final budget as adopted by the Board. This involves
an appropriation for a: half-time typist clerk position in the Farm and
Home Advisor's budget and the deletion of a half-time clerk position in
the Building Inspection budget.
ADOPT RESOLUTION 81-223 ESTABLISHING NEW FEE SCHEDULE FOR LAND DEVELOPMENT
SECTION OF PUBLIC WORKS DEPARTMENT
On motion of Supervisor Dolan, seconded by Supervisor Lemke
and carried, Resolution 81-223 establishing new fee schedule for the
land development section of the Public Works Department was adopted and
the Chairman authorized to sign.
APPROVE MEMORIAL HALL RENTAL RATES
Clay Castleberry, public works director, set out the background
of the proposed Memorial Hall rental rates. They are proposing to have
uniform fees for all the halls. The deposits are not as much as the
Chico Veterans Council suggested. This was be an estimated increase of
20 percent. This would make the contracts all uniform and signed in the
county offices. This was not discussed with the veterans groups. They
had recommended a 20 percent increase in fees. They came up with a
uniform cost for administrative purposes. This applies to non-veteran
rentals of the halls. He still wanted to suggest that the hall committees
screen the hall users. They knew the community groups. They are also
recommending that deposits be collected. The Veterans Council recommended
a 12 percent increase at the time of the. budget hearings. This increase
will be between 12 and 20 percent. The fees for service clubs will continue.
On motion of Supervisor Lemke, seconded by Supervisor Dolan
and carried, the proposed memorial hall rental rates to become effective
for all new rentals after 30 days were adopted.
CONSIDERATION OF RESOLUTION IMPLEMENTING GAS AND DIESEL TAX INCREASES AS
REQUIRED BY SS 215 CONTINUED TO OCTOBER 6, 1981
Clay Castleberry, public works director, hoped that the
Board would support SB 215 (Foran) relative to transportation financing
implementation. He agreed it was not the best written bill but it is the
only one available.
Supervisor Wheeler-was concerned about local control.- The county
did send a letter of support. Her concern was that the Department of
Transportation has mismanaged a good deal of transportation funds for the
state. The formula will be looked into as to the amount of money the
county will receive.
Mr. Castleberry advised that the formula would be the same as the
old gas tax for the counties. page 305.
September 29, 1981
Se~temb.er 29, 1981
i ~~ ~= _ _ _ _ _ _ _ _ _ ~ - - - _ - -
81-
~'
Mr. Castleberry advised. that the Formula-would be the same as
the old gas tax for the counties. The increase will not be given to the
counties until 1983. He felt that by that time, there would be a new
governor and Depart~aent of Transportation.
Supervisor Dolan stated that the bill requires expenditures to
minimize the state highway balances. The authority is given to the State
Department of Transportation Commtission to review the department expenditures
and if they do not believe the department is doing the job the way they
should be doing it, they can allocate the money to the counties.
Mr. Castleberry stated that the new money is tied to local counties.
Of the new money 70 to 75 percent of the money must be spent in the county.
Supervisor Lemke was concerned with the wording relative to
related transportation facilities. He would like to see that portion taken
out of the resolution.
Mr. Castleberry stated the Legislature created that as part of
the bill. The county would receive one-half or 60 percent of the $.01. It
is a local choice and the money would not be controlled by the state.
He hoped that the Board would adopt the resolution with or without the
wording relative to related transportation facilities. The last gas
tax was in 1963. This is money the county does not have to compete for.
Bob Duffy, Tnskip, spoke regarding the-proposed gas tax. He
quoted from the editorial of the Paradise Post. He presented a petition
in opposition to the gas tax signed by 71 persons. With the increase in
the $. 02 there is $. O1 that stays with the state. He doubted whether the
money would ever be used for work on the state highways.
CHAIRMAN MOSELEY PRESENT AT THIS TIME
Mr. Duffy felt that they had sufficient gar tax money at this
time. When the gas tax was first started, the money was to be used only
for roads. The. increase in the gas tax is another scheme to get around
Proposition 13. Everyone he has talked to is ~ainst the increased tax.
Supervisor Dolan stated that SB 215 takes the money from the
general fund and places it into the transportation fund. The Board and
the state does not use gas tax for the state general fund.
It was moved by Supervisor Dolan that a resolution be adopted
supporting the_implementation of the gas and diesel tax increased as
required by SB 215 (Foran) deleting the words: and related transportation
facilities, and the Chairman be authorized to sign.
Motion dies for lack of a second.
The matter was continued to October 6, 1981,
2464
2465
ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Lemke stated that he had received correspondence
that the dues for CS AC are due and payable.
Supervisor Saraceni thanked Mr. Castleberry .for the job he had
done. He had a letter of support for the department, and for Earl Patterson.
ADOPT RESOLUTION 81-224: PUBLIC HEARING DATE SET FOR JAMES D. ALDRTDGE
ABANDONMENT OF PUBLIC-UTILITIES AND RECREATIONAZ EASEMENT PARADISE PINES
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, Resolution 81-224 setting public.-hearing date of
Page 306. '
September 29, 1981
September 29, 1981 _ _ _ _ _ _ _ _ _ _
8'1- November 3, 1981 at 10;0.0. a. m. for consideration of ,lames D. Aldridge
$ abandonment of public utilities and recreational easement, Paradise Pines
Country Club, Unit No. 3, Lots 127, 130., 131, 132, 134 and 135 was adopted
and the Chairman authorized to sign.
2466 REPORT ON DOE MILL RIDGE STUDY AREA BY PLANNING DEPARTMENT
Bettye Blair, planning director, stated there were no projects
that were being held up because of this study. At the last meeting of
the property owners, xlr. Drake, Isom and Hall and rlr. Hays did not want
to be part of the study area. That is most of the property in that area.
She recommended that the study be brought down to the last paragraph of
the memo that had been submitted to the Board. They would be looking
at the area as it relates to the General-Plan and the area in the "A-2"
zoning. They will not be recommending interim zoning-for the area. Some
of the developers have been advised they will be coming forward with preliminary
plans. That might be able~_to resolve some of -the problems they are
faced with today in that area. They have been talking with property
owners trying to determine the plans for future development on the ridge.
No action taken on the report.
2457 APPOINTMENT TO NORTH STATE COOPERATIVE LIBRARY SYSTEM ADVISORY BOARD
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, Nara Wiley was reappointed as a member of the
North Stste Cooperative Library System Advisory Board.
2468 APPOINTMENT TO THE EMERGENCY MEDICAL SERVTCES COMMITTEE
On motion of Supervisor Saraceni, seconded by Supervisor Dolan
and carried, Teri Fritz was appointed to the Emergency Medical Skrvices
Committee. AYES: Supervisors Dolan, Lemke, Saraceni and Chairman Moseley.
', ABSTAINING: Supervisor Wheeler
2469 APPOINTMENT TO THE THOMPSON FLAT CEMETERY DISTRICT
On motion of Supervisor Saraceni, seconded by Supervisor Bolan
and unanimously carried, T. V. Lewis was appointed to the Thompson Flat
Cemetery District.
2470 APPOINTMENT TO THE PERSONNEL APPEALS COMMISSION
It was moved by Supervisor Dolan, seconded by Supervisor Lemke
that Leo Battle be appointed as the management member and that Donald Travers
be appointed as the community member alternate to the Personnel Appeals
Commission.
Rod Weyand, BCEA, stated that his organization opposed the
appointment of Leo Battle to the Personnel Appeals Commission. They feel
there is a conflict of interest that although Mr. Battle is leaving the
county, he will be retained by the county on a contractural basis representing
the county.
Vote on motion:
AYES: Supervisors Dolan, Lemke, Saraceni,-Wheeler and Chairman
Moseley
NOES : None
Motion carried,
2471 APPOINTMENT TO THE NORTHERN CALIFORNIA HEALTH.. SYSTEM AGENCY - CONTINUED
TO OCTOBER 6, 19.81
The appointments to the Northern California Health System Agency
were continued to October 6, 1981,
Page 307.
September 29, 1981
September 29, 1981 _ _ _ _ _ _
- - - _ _ _ _ _ ~ ~ T - - 3 = _ _ _ - - - _ _ _ _ ~ _ _ -- - - - - - -
81-2472 APPOINTMENT TO THE BUTTE COUNTY COUNCIL FOF~ SENIOR CITIZENS DISTRICT 5
d On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, Alice Smith was appointed to the Butte County
Council for Senior Citizens, District 5.
2473.
2474
2475
APPROVE CONTRACTS WITH SCT AND SUPERINTENDENT OF SCHOOLS FOR-DATA PROCESS
Del Siemsen, acting county counsel, set out the background of
the proposed contracts with SCT and the Superintendent of Schools. These
contracts are for the Superintendent of Schools computer. The contract
with SCT is to pay the amount of money the county will be receiving from
the Superintendent of Schools.
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, the contracts with SCT and Superintendent of
Schools for the Superintendent of Schools computer were approved; the
Chairman authorized to sign; subject to review by Counsel and Auditor.
AUTHORIZE ADMINISTRATIVE OFFICER TO NEGOTTATE LEASE/PURCHASE OF UNIVAC 90/40
Clif Nickelson, administrative officer, set out the request
to be allowed to negotiate the lease/purchase of the Univac 90/40.
This would be brought back to the Board for approval.
Supervisor Wheeler stated that. the Data Processing Executive
Committee did support this matter. According to staff there would be
approximately $50,000 in savings yearly if the county goes with the contract.
She would like the Board to approve this request.
On motion of Supervisor Lemke, seconded by Supervisor Dolan
and unanimously carried, the Administrative Officer was authorized to
negotiate lease/purchase of the Univac 90/40.
APPROVE FUNDING FOR NORTHERN CALIFORNIA EMERGENCY NEDTCAZ CARE COUNCIL
Supervisor Wheeler stated there was a two to one vote on this
matter and she had abstained from voting. Supervisor Saraceni had met
with the administrators of the hospitals and they had indicated they
wanted to help with the financing for the program.
Supervisor Saraceni stated he was on the fiscal committee and
voted to fund, the Emergency Medical Care Council by 50 percent. He
brought this back to the Board from the Nine Northern Counties meeting
with the recommendation of the 50 percent funding. During that time,
he met with the representatives from the hospitals from Oroville and
Chico and three ambulance owners-to discuss this matter and asked that
they make a contribution of 50 percent to match the county's amount.
At that time, they said they would try to make every effort to match the
county`s amount.
Supervisor Wheeler stated she was abstaining. because she sat
on the Community Hospital Board of Directors. She has no, investment in
the hospital. This matter does not come before the Board of Directors.
The Board of Directors do not have any say in the using of the money.
Supervisor Lemke stated that the hospitals were directly involved
with the council. Most of the money spent in Butte County has been for
transjuitters. The hospitals in the northern state get money and equipment.
It was moved by Supervisor Saraceni that the Board fund the
Northern California Emergency Medical Care Council by $12,000 or 50 percent
and pursue whether the hospitals can obtain the additional $12,000.
Del Siemsen,, acting county counsel, felt that if Supervisor Wheeler
was not in a gosition to be znvoheed'with the funds there was no conflict.
Page 308.
September 29, 1981
si-
a
September 29, 19x1
Supervisor Lemke seconded the motion.
Supervisor Wheeler stated that the county that instituted the
one-half payment during the-Nine Northern Counties meeting backed out and
supported the council fully. They are the counties that benefit more
than Butte County does as the larger county.
Supervisor Dolan stated that since the money contributed by
the county is matched by the state or federal funding, if the county
pruopriates $12,000 and the hospitals do not come up with the additional
funding it would put the council in jeopardy of not getting the money.
She did not want to stop thedirectors and the hospitals from raising the
funds. They should appropriate what is in the budget.
Chairman Moseley felt that the hospitals should be given the
chance to raise the money. If the county pays the entire amount
now would the hospitals still continue to try to raise the funds.
Supervisor Dolan felt that the Nine Northern Counties sometimes
think they are the Emergency Medical Care Council. The hospitals are
willing and will start to raise more money. They have already put in
$15,000. If the Board thinks the $24,000 is the appropriate amount
of money, then that is the amount that should be allocated.
Supervisor Lemke stated that the program greatly benefits the
small rural population counties without proper hospital facilities.
Supervisor Wheeler stated that both Shasta County and Butte
County have the greater share but they are urban counties who maintain
high quality medical services that are provided for the rural areas.
Through the programs from the council these counties receive aid, but
she felt the funding came back from the funding to the larger counties
through the medical services provided to the people. It is having radios
in rural areas and sending air ambulances to bring the people down into
the hospital facilities. One of the administrators of one of the
hospitals indicated they wanted the county to pay the 100 percent.
Supervisor Saraceni stated that the hospitals did not want to
have to pay the 50 percent but they are willing to make every effort to
make up the difference. He hoped that next year the other counties would
also meet with their medical people and try to arrange this type of funding.
They discussed user pay fees. They were willing to go back and try to
justify the income fxom the use of the programs to come up with the
$12,000 cost and try to help the county in funding the other 50 percent
of the program.
Supervisor Dolan stated the Board had a memo from the Northern
California Emergency Medical Care Council relative to user fees. They
have said it would be impossible to develop the fees prior to January 1,
1982. The memo explains how every dollar contribution is a dollar in
grants. They are not saying do not adopt a user fee or have. the hospital
people help. They have received no official notice from the hospitals
saying they would be willing to participate in the program by 50 pexcent.
Vote on motion:
AYES: Supervisors Dolan, Lemke, Saraceni, Wheeler and"Chairman
Moseley
NOES: None
Motion carried.
Page 309.
September 29, 1981
September 29, 1981
81~ 476 BOARD OF SUPERVISORS COFl.MENTS TO.THE.FINAL REFQRT OF THE 1980-81 GRAND JURY
3 The Board o£ Supervisors comments to the final report of the
***** 1980-81 Grand Jury was continued to October 6, 1981 to be listed as the
first item.
2477
2478
COMMUNICATIONS
A. M. Baird Engineering and Surveying, Chico: The engineers, on behalf of
Paul E. and Cecilia J. Neil, file a late appeal appealing
condition 5 (provide permanent solution for drainage) on tentative
parcel map, AP 42-07--02, four lots, property located on the east
side of Renshaw Avenue, south of Guynn Avenue, Chico. See motion
following communications.
Land Development Process Commission. The Commission writes requesting that
the Board continue the public hearing on the suggested fire
code until the end>of October. To be considered on November 3,
1981.
Travers and Jacobs, attorneys of law. The attorneys, on behalf of Kirk
Addington, file a claim in the amount of $15D,000 as a result of
alleged damages sustained in an incident occurring on June 20,
1981. See motion following communications.
Dorothy Hess, Magalia. Mrs. Hess writes in opposition to the implementation
of SB 215 which would increase taxes on gasoline, etc. Handled
earlier in the meeting.
W. C. Turner, Oroville. Mr. Turner writes in opposition to the implement-
ation.of SB 215 with regard to increases in taxes on gasoline.
Handled earlier in the meeting.
State Department of Parks and Recreation. The department-sends notification
that the "Little Chapman Mansion" has been submitted for nomination
to the National Register of Historic Places which will be
considered at their meeting of November 14 in Yosemite Village.
Information; no action taken.
State Mining and Geology Board. The board sends notification that Butte
County's surface mining and reclamation ordinance is in confarmance
with state policy governing the regulation of surface mining and
reclamation in California. Information; no action taken.
Federal Energy Regulatory Commission. The commission sends notification
that the State Department of Water Resources application for
amendment of a license for construction of Feather River Project
No. 2100 located on the Feather River has been. accepted for
filing. Information; no action taken.
MAKE FTNDINGS PURSUANT TO BUTTE COUNTY CORE SECTION 20-66: PUBLIC HEARING
DATE SET
On motion of Supervisor Dolan, seconded by Supervisor Saraceni
and unanimously carried, the findings pursuant to Butte County Code
Section 20-66 were made; finding that when the map was approved the
applicant was aware of the condition to grovide permanent solution for
drainage and on September 21, 1981 were told this would require drop
.inlets and boxes showing that circumstances had changed and therefore
,the appeal of Paul E. and Cecilia J. Neil on tentative parcel map,
SAP 42-07-02, four lots, property located on the east side of Renshaw
Avenue, south of Guynn Avenue, Chico on condition 5 (.provide permanent
solution for drainage) be allowed and a public hearing date of October 20,
1981 at 10:30 a.m. was set for consideration of the appeal.
Page 310,
September 29, 1981
September 29,.1981
81-2479
2480.
REJECT CLAIM - KIRK ADDTNGTON
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the claim of Irirk Addington in the amount of
$150,0.00. as a result of alleged damages sustained in an incident occurring
on June 20, 19.81 was rejected and referred to County Counsel and Risk
Management Coordinator.
PUBLIC HEARING: 1IEL MULLEARX APPEAL OE` CONDrTTONAL NEGATIVE DECLARATION AND
ADVISORY AGENCY'S DENIAL OP' TENTATIVE PARCEL-MAP, AP 27-29-14, FOUR LOTS,
PROPERTY LOCATED ON THE WEST SIDE OF GRIER A~TENUE, EAST OF RESERVOIR ROAD,
PALERMO
The public hearing on Mel Mulleary appeal of conditional negative
declaration and Advisory Agency's denial of tentative parcel map, AP 27-29-14,
four lots, property located on the west side of Grier Avenue, east of
Reservoir Road, Palermo was held as continued.
On motion of Supervisor Saraceni, seconded by Supervisor Lemke
and carried, the appeal of Mel Mulleary of conditional negative declaration
and Advisory Agency`s denial of tentative parcel map, AP 27-29--14, four
lots, property located on the west side of Grier Avenue, east of Reservoir
Road, Palermo was upheld; the tentative parcel map was approved subject
to the following conditions:
1. Verify legal access.
2. Provide two-way traversable access RS-8-LD-I to each parcel from a
county maintained road or state highway.
3. Access to be reserved in deeds as per county ordinance and offered
for dedication on the final map.
4. Show 50 ft. building setback line measured from centerline of access
easements.
5. Provide road maintenance agreement.
6. Indicate a 50 ft. building setback from the centerline of Grier Avenue.
7. Show all easements of record on the final map.
8. Provide street name signs per requirements of the Department of Public
Works prior to recordation of the final map.
9. Pay off any assessments.
10. Provide cul-de-sac at the end of the street.
11. Pay any delinquent taxes.
12. Prove that the required quantities of domestic water are available to
each parcel or place the statement on the map that there is no evidence
that domestic water is available.
13. Show two (2~ acres of usable sewage disposal area on each parcel in
compliance with appendix seven (7) of the Subdivision Ordinance Standards.
Vote on motion:
AYES: Supervisors Lemke, Saraceni and Chairman Moseley
NOES: Supervisors -olan and Wheeler
Motion carried.
Page 311.
September 29, 1981
September 29, 1981
81J2481 APPOINT COUNTY ADMINISTT2ATIVE OFk'ICER AS INTERIM PUBLIC GUARDIAN EFFECTIVE
~ ON RETIREMENT OF JOBN ALLEN UNTIL APPOINTMENT OF NEW PUBLIC GUARDIAN
On~motion of Supervisor Dolan, seconded by Supervisor Saraceni
and unanimously carried, the County Administrative-Officer was appointed as
the interim Public Guardian effective on the retirement of John:'`A11en until
the appointment of the new Public Guardian.
2482 ADDITIONAL'f3ATTERS PRESENTED'BY BOARD 2'fEMBERS
Supervisor Wheeler advised that Quentin Kopp would be present
at the Board meeting next 'Tuesday to present the Victims Bill of Rights
initiative.
CLOSED SESSION: The Board recessed at 5:37 p.m. to hold a closed session
regarding personnel.
RECONVENE: The Board reconvened at 6:08 p.m. following a closed session
regarding personnel. Decision will be made on October 6, 1981.
ADJOURNMENT
There being nothing further before the Board at this time, the
meeting was adjourned at 6:09 p. m. to reconvene on Tuesday, October 6, 1981
at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK-
i2ECORDER and ex-officio Clerk
of the Board of Supervisors
Chairman, oard of pervisors
By
Page 312.
September 29, 1981