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HomeMy WebLinkAboutM101381OF CALIFORNIA } SS. OF BUTTE ) October 13, 1981 -$1T The Board of Supervisors met at 9:00 aem, pursuant to adjournment. 3'' Present: Supervisors Lemke, Saraceni, Wheeler and Chairman=Moseley, Clif Nickelson, administrative officer; Del Siemsen, county counsel; and Clark A, Nelson, county clerk-recorder, by Nancy Wilson, deputy clerk, Absent: Supervisor Dolan Pledge of allegiance to the Flag of the United States of America ', Invocation by Supervisor Saraceni SUPERVISOR DOLAN PRESENT AT THIS TIME '2510 APPROVAL OF MINUTES On motion of Supervisor Zemke, seconded by Supervisor Saraceni and unanimously carried, the minutes of August 3, September 29 and October 6, 1981 ere approved as mailed with the corrections and amendments to the July 17, my 27, July 29, August 3, September 29 and October 6, 1981 minutes as follows: mute Order 81-2096, page 39, Personnel budget: Delete: Account 36, Add 13,800, This addition is shown in the final figures and therefore is not eeded, nute Order 81-2096, page 39, Civil Disaster budget: To reflect: Account Reduce $250; Account 63a Reduce $700.. These figures were reversed i~the minutes, mute Order 81-2096, page 40, Central Stores budget: To reflect: $7,150 nstead of $7,100 eliminated from fixed assets. mute Order Si-2130, page 73, Agriculture Commissioner budget: Delete eductions in Account 63 and Account 21 as shown on page 73, These reductions re reflected in the motion oti page 74. ', mute Order 81-2130, page 74, Agriculture Commissioner budget: To reflect: ccount 63, fixed assets, Reduce $7,900 from P~edfly budget. ', mutes of Jul 29 1981 Minute Order 81-2162, page 89, Gridley Judicial Court budget: To reflect: Account 33, memberships, reduce $235; Account 12, extra help, adds: $1,385; Account 63, fixed assets, reduce $1,800; Account 43, transportation and travel, reduce $1,150 out-of-county travel. mute Order.81-2167, page 104, Sheriff's budget: Change item 3 to reflect: liminate Lieutenant at Chico Substation, $28,855 instead of $60,237; change otal to reflect $807,323 instead of $838,705, mute Order 81-2167, page 106, Welfare budget: Change paragraphs 3 and 4 o reflect: ', Mr. Pyeatt stated that Nr., Crisan presently has six vacant postions f long standing, He suggested fi&~t the Board take action on those six ', Page 332, October 13, 1981 October 13, 1981 g~_ positions to clear up the salary ordinanceo ~', On motion of Supervisor Wheeler, seconded by Supervisor Saraceni and carried, the six vacant positions in the Welfare Department were removed from the budgeto Minutes of September 29, 1981 Minute Order 81-2461 to reflect that Resolution 81-223 establishing new fee schedule for the land development section of the Public Works Depart- . went was effective on October 5, 19810 Minutes of October 6, I981 Minute Order 51-2503 to reflect that Resolution 81-228 establishing fees for Public Works building division for building, plumbing, electrical and mobile home permits and providing authority for refunds was effective October 12, 1981a Approval of minutes of September 22, 1981 cont~.nued to later in the meeting, 251 ADDITIONAL AGENDA ITEMS (BOARD MEMBERS) TO BE ADDRESSED AT THE END OF THE DAY Supervisor Wheeler would discuss community information programs and involvement with law enforcement, Supervisor Saraceni would discuss the Nine Northern Counties Supervisors Association meeting held in Susanvilleo CLOSED S$SSTON: The Board recessed at 9:06 aom, to hold a closed session on personnel and litigationo RECONV$NE: The Board reconvened at 9:55 aom. following a closed session regarding personnel and litigationo See following motion. SUPERVISORS DOLAN AND WHEELER ABSENT AT THIS TIME 251 ACCEPT STIPULATION REGARDING DEPARTMENT OE LABOR CETA INTEREST RATE On motion of Supervisor Lemke, seconded by Supervisor Saraceni and carried,-the stipulation in the law suit with the Department of Labor on CETA interest rates was acceptedo AYES: Supervisors Lemke; .Saraceni and Chairman.' Moseley NOES: None ABSENT: Supervisors Dolan and Wheeler 251 ADOPT ORDINANCE 2252: WAIVE SECOND READING OF ST±LARY ORDINANCE AMENDMENT On motion of Supervisor Lemke, seconded by Supervisor Saraceni and carried, the second reading of a salary ordinance amendment consolidating all previous amendments and modifies several departments and classifications was waived; Ordinance 2252 was adopted and the Chairman authorized to sign, AYES: Supervisors Lemke, Saraceni and Chairman Moseley NOES: None ABSENT: Supervisors Dolan and Wheeler WAIVE FIRST READING OF SALARX ORDINANCE AMENDMENT On motion of Supervisor Lemke, seconded by Supervisor Saraceni and carried, the first reading of a salary ordinance implementing a 2 percent retroactive pay adjustment as negotiated with the union for employees in the General and the Management, Confidential and Supervisory Units was waived. AYES: Supervisors Lemke, Saraceni and Chairman Moseley NOES: None ABSENT: Supervisors Dolan-and Wheeler SUPERVISOR WHEELER PRESENT AT THIS TIME Page 3330 October 13, 1981 81- {~ 251E 2511 October 13, 198_1 _ _ _ AUTHORIZE PURCHASE OF NINE PASSENGER VAN - JUVENILE HALL On motion of Supervisor Wheeler, seconded by Supervisor Lemke and carried, the nine passenger van at a cost of $3,200 as requested for Juvenile Hall which was previously leased by the CETA Program and is being returned to the leasing company to replace similar van vehicle which was removed from the Juvenile Hall budget with Budget transfer 47 prepared to provide necessary budgetary appropriation was authorizede AYES: Supervisors Lemke, Saraceni, Wheeler and Chairman Moseley NOES: None ABSENT: Supervisor Dolan AUTHORIZE PURCHASE OF NINE PASSENGER_VAN - PUBLIC WORMS On motion of Supervisor Lemke, seconded by Supervisor Wheeler and carried, the nine passenger van requested by Public Works Director to purchase and repaint at a cost of $4,000 which was previously leased by the CEfiA Program and is to be returned to the leasing company, to be used as a backup vehicle for the Butte County Transit System with Budget transfer 48 prepared to provide necessary budgetary appropriation- was authorized, AYES: Supervisors Lemke, Saraceni, Wheeler and Chairman Moseley NOES: None ABSENT: Supervisor Dolan APPROVE ALCOHOL AND DRUG ANALYSTS CONTRACT It was moved by Supervisor Wheeler, seconded by Supervisor Lemke, the agreement with the State Department of Justice for the conduct of alcohol and drug analysis services to the county for blood and urine samplers and field breath alcohol tests utilizing the Intoxilyzer breath instrument in the amount of $21,20 per test during the current fiscal year be approved and the Chairman authorized to sign. Supervisor Saraceni questioned the cost as compared to last year. Mike Pyeatt, assistant administrative officer, stated this was a reduction from last year, They have the ability to return the blood test for alcohol for a complete drug analysis. Previously it was paid for separatelyo Vote on motion: AYES: Supervisors Lemke, Saraceni, Wheeler and Chairman Moseley ABSENT: Supervisor Dolan Motion carried. 2 ADOPT RESOLUTION 81-230 - MODIFICATION__OF_ASSESSOR'S OFFICE ROUTES It was moved by Supervisor Lemke., seconded by Supervisor Wheeler, implementation of a change of office hours in the Assessor's Office as authorized by Butte County Code Section 2-1 (Ordinance No. 2241) be approved; Resolution 81-230 be adopted and the Chairman authorized to sign, SUPERVISOR DOLAN...PRESENT AT THIS TIME Clif Mickel son, administrative officer, stated they were changing their hours from 7:30 aom. to 5:30 p.m, to the new hours of 8:00 a.m. to 5:30 p.m. Vote on motion: AYES: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Moseley Motion carried, Page 334. October 1'4, 1981 October 13, 1981 81- 251 APPROVE PENALTY ABATEMENT REQUESTS - CHANGE OF OWNERSHTP 12EPORTS ~' On motion of Supervisor Wheeler, seconded by Supervisor Saraceni and unanimously carried, the following penalty abatement requests - change of ownership reports were ,approved: Mr. and Mrs, Douglas Baxter, AP 947-16-0-036-0 Mra Ronnie G. Coleman, AP 040-21-1-002-0 Kenneth & Victoria Mo Colgan, AP 005-01-3-010-0 Mro and Mrs. Donald Dunlap, et al, AP 026-13-2-011-0, 12, 13 and 16 Mro David E. Boggs, AP 031-31-0-054-0 D'r> and Mrso Robin Ro Nichols, AP 008-27-0-019-0 Penalty abatement requests - change of ownership reports denied: Mr. Ronnie G. Coleman, AP 005-26-4-001-0 252 APPROVE DESIGNATION OE PUBLIC GUARDIAN Clif Nickelson, administrative officer, set out the background on the designation. He would request the appointment of Elizabeth Maxon. as Public Guardian. She will also serve as the Public Administratoro It is added responsibility at no additional salaryo Tt Rill be at the fifth step of the range which was the same as John A11en. Mrs. Maxon has been doing the work all this week and is a very dedicated person and hard warkero On motion of Supervisor Lemke, seconded by Supervisor Wheeler and unanimously carried, Elizabeth Maxon was appointed as the Public Guardian at the fifth step of the ranges Mr< Nickelson referred to the memo distributed to the Board, on item 4 there was a proposal to be put together for a possible charter amendment which would allow the Board of Supervisors to officially designate the Public Administrator. He has sent the information to County Counsel's .office and is waiting for a report or response. He was not sure how it would be operated, it might be more difficult, Within 30 days a report will be made to the Board, 2521 REPORT TO THE BOARD CONCERNING THE CHINESE CEMETERY ON FEATHER RIVER BOULEVARD A report to the Board concerning the Chinese Cemetery on Feather River Boulevard was held at this time. Mike Pyeatt, assistant administrative officer, stated they have researched the issued In 1972 the county abandoned it and declared it as a memorial parka It was vested to the county because of the Health and Safety Coded The county is going to have to maintain it. One way to get around it would be to enter into an agreement with the City of Oroville for a reversiono In discussions with the City of Oroville they have indicated they are not interested, David Jinkens, City of Oroville, stated the only facit on their agenda was the application as a State Historical Site. They did not discuss acquisi_tgn~ Supervisor Saraceni stated he had no objection to giving them the opportunity of assuming ownership and take care of the maintenance or upkeep. Supervisor Dolan stated they cannot allow them to do that. There is some kind of agreement for m&3ntenance by the county, Page 3350 Octobex 14, 1981 81- b 2522 October 13, 1981 Mr, Nickelson stated the cemetery could be considered as a historical site. There is no maintenance-going on and there is a problem with vand- alism, The Chan family had agreed to take over and clean .it up. Now they want someone to take care of it. Clay Castleberry, public works director, stated it had been cleaned up with CETA crewso He felt they should maintain it in its natural state which is the present level of maintenance. He cited Section $826 a Memorial Park. The county has the responsibility to do maintenance.- in Section 4489. When there was discussion about a Memorial Park someone mentioned fencing the cemetery, at that time he stated let someone else if they are interested. Mr. Pyeatt stated the Historical Society had planned to erect a monument. He felt if some group, as part of a community project, wanted to take care of it that would be fine. Mr. McCall spoke before the Board on this matter. He suggested they sell it for $1. There has been,..discussion of declaring it in the register of historical sites and then-possibly obtaining a grant from the federal government, Supervisor Lemke stated as long as they do not build the fenced He did not want there to be expense to the county. Or they could forget the whole thing and keep it in its natural state, APPROVE BUDGET TRANSFERS - B-45 TO BE CONTINUED UNTIL THERE TS REPORT FROM TOM STRUTHERS. PURCHASING DEPARTMENT Tt was moved by Supervisor Wheeler, seconded by Supervisor Dolan that the following budget transfers be approved: B-43 - Sheriff - Incarceration, Establishes additional budgetary appropriations to implement the appropriations from the SB 924 grant from the State Board of Corrections totalling $11,475 as follows: extra help, $3,471; overtime, $3,471; and transportation and travel, $4,533. B-44 - Manpower Administration, Restores the $40,000 appropriation for the purchase of comprehensive general liability insurance to the Man- power Administration budget which was inadvertently deleted during the reallocation of insurance requirementsa B-45 - Administrative Office, Transfers $2,300 from fixed assets equipment to rents and leases of equipment in order to continue the present lease of the department's vehicle, B-4b - Community Action Program, Increases the budget in the Community Action Agency 1981 Minor Home Repair Program pursuant to contract modification ~kl as approved by the Board on September 15, 1981 as follows: salaries and wages, $5,972; benefits, $1,500; travel, $800; and consumable supplies, $6,728. Total amount of the transfer is $15,000 with revenue coming from federal aid - Department of Housing and Urban Development. B-47 - Juvenile Hall. Transfers $3,200 from extra help to fixed assets - equipment in order to provide the budgetary appropriation for the purchase of a nine passenger van in order to transport juvenileso B-48- Intercity Transit Systems - equipment, Appropriates $4,000 to allow the purchase of a used van with funding coming from estimated fare income which is expected to be greater than anticipated, 8-49 - Salar ordinance amendment transfer November 21 1981 0 Within Manpower Administration, reduces salaries, $50,433 and benefits, $15,130, together with a reduction of unanticipated revenue - CETA Admin- istration totalling $65,563. Transfers the remaining appropriations for Page 336. October 13, 1981 81- b' October 13, 1981 the Biggs Constable's budget, $14,314; Oroville Constable's budget, $16,051; Paradise Constable's budget, $15,996; together with $10,191 from the reserve; thereby increasing the Sheriff's Incarceration budget by $56,552, Transfers $511 from the reserve, with increases to the Paradise 3ustice Court budget as follows: maintenance of buildings and structures, $187; household expense, $109; and utilities, $215. Transfers $17,202 from salaries and benefits within the District Attorney's budget, together with $4,599 from the reserve; with a total of $21,800 going to salaries and benefits within the Public Guardian's budget. Within the Building and Grounds internal service fund budget, transfers $2,358 from extra help with $1,851 going to salaries and $507 to benefits. Increases the Workers' Compensation internal service fund budget $1,358 with revenue coming from other county departments, $1,261 and non-county departments, $97a Within the Unemployment Insurance internal service fund budget, decreases employee benefits $203, reflecting an increase of revenue from -.non-county departments of $15 and a decrease from county departments of $2180 The total amount of funds being transferred from the reserve is $15,3010 Supervisor Saraceni stated he would like to discuss transfer 45. There is $2,300 going from fixed assets to continue a present lease for a vehicle they presently haven He questioned the fact they could purchase a vehicle for $5,000 which was a little over one year old, Clif Mickelson, administrative officer, stated at budget time the requested amount for a vehicle was reducede The purchase price was $3,300, The present vehicle is no where near that because of potential problems right now. There is not enough money to purchase one such as Mr. Castleberry did, In order to stay within the budget, this was their proposal, The only way to make a savings would be transfer the money from the reserved Supervisor Lemke questioned if they could get information from the Purchasing Officer, Tom Strutherso Amended the motion: Exclude Budget transfer - 45 - Administrative Officeo Transfer $2,300 from fixed assets - equipment to rents and leases of equipment in order to continue the present lease of the department's vehicle. Supervisor Saraceni would like information on the buy-back of the LTD 679. He would like the alternatives to cost savings. Would there be a savings by repairing the vehicle. Vote on amended motion: AYES: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Moseley 2523 Motion carried. PUBLIC HEARING: EVELYN HOLLANDSWORTH, APPEAL OF ADVISORY AGENCY'S CONDITIONS N0. 4 AND 6 ON A TENTATIVE PARCEL MAP, AP 27-08-2-05, TWO LOTS, PROPERTY LOCATED ON THE NORTHWEST CORNER OF SOUTH VILLA AVENUE AND CITRUS AVENUE, PALERMO AREA The public hearing on Evelyn Hollandsworth appeal of Advisory Agency's Conditions 4 and 6 on a tentative parcel map, AP 27-08-2-05, two lots, property located on the northwest corner of South Villa Avenue and Citrus Avenue, Palermo area was held as advertised, Clay Castleberry, public works director, set out the background on the appeal, The map was befo~e~.them. The appeal relates to drainage Page 3370 October 13, 1981 81- ~' October I3, 1981 n the Palermo area. It is a two lot split, He and Supervisor+Saraceni had attended meetings regarding drainage problems in the area. This project .y itself will not have a large effect< The channel is already broke. His staff feels enough concern they do not want to add to any of the drainage problems in this area. They are hoping for maintenance in the area and .t will answer the problem, This person alone cannot solve the problem, 'hey have a master plan, but it is not adopted, The Board should be receiving .t next montho Presently there are a lot of little existing parcels. It .s not an area of tremendous activity. Hearing open to the public, Appearing: 1, Mike Evans, Graves and Associates, stated they are appealing zao conditionso One is drainage and the other is paving of the existing Iriveways. The applicant will join a drainage district when the project .s readyo Presently there are two units on two parcelso It is within :he agriculture segregation with a permit. iT~iere is one unit on one parcel and the applicant will be living on the other parcel, The larger parcel ias a loop driveway. Tt would be a burden to pave the driveway. She would >e willing to pave the approach, Mr, Evans presented pictures to the 3oard of the existing driveways. 2, Evelyn Hollandswroth, applicant, stated it would be a hard- >hip to pave the driveway. She is in favor of a drainage district. dater stands in front of her house after a heavy rain, OWID has a culvert across the road and there is lots of cement which keeps the water from training away. She has placed gravel in there several times. Blacktop could make the watex stand more. Hearing closed to the public and confined to the Board, 2524 On motion of Supervisor Saraceni, seconded by Supervisor Wheeler and unanimously carried, the appeal of Conditions 4 and 6 on a tentative parcel map, AP 27-08-2-05, two lots, property located on the northwest :orner of South Villa Avenue and Citrus Avenue, Palermo area for Evelyn iollandsworth was upheld after considering testimony of Public Works 3i rector and from meetings held in the area, tECESS: 10:25 a,m, 2ZCONVENE: I0:36 a.m, 'UBLIC HEARING: CONSIDERATION OF CONSOLIDATION OF THE BIGGS AND GRIDLEY JUDICIAL DISTRICTS - CONTINUED TO OCTOBER 27,__1981 AT 10:00 A.M. The public hearing on consideration of consolidation of the Biggs and Gridley Judicial Districts was held as continued. C1if Nickelson, administrative officer, questioned if the Board wished to continue this matter to the same time as the Oroville and Paradise Judicial Districts was considered, The statistics and backup have not been :ompleted. They are looking at several alternatives and the most economical way to go. One was for Gridley, Biggs and Oroville become a municipal eourt9 another was Paradise and Chico as a municipal court or Paradise and Oroville 3s a municipal courts Tt takes time to compile the data and statistics. Chey are not considering a county wide municipal court. This would involve immediate construction for a new facility, It would have to be close to the Superior Court or this property so the Sheriff could transport the prisoners back and forth, The Board will need to make a decision prior to )ecember ISth, because of the judicial candidates filing date. Hearing open to the public, Appearing: Page 338. October 13, 1981 81- October 13, 1981 1. Judge Norris Goodwin, Biggs, stated the hearing has been continued several times. Residents of the Gridley, Biggs and Richvale area are busy with harvesting at the present time, He was unaware of some of the proposals mentioned earliero He would like any documents regarding the several proposals. The hearing was continued to October 27, 1981 at 10:00 a.m. ', 2525 PUBLIC BEARING: CONSIDERATION OF CONSOLIDATION OF THE PARADISE AND OROVILLE JUDICIAL DISTRICTS - CONTINUED TO OCTOBER 27. 1981 AT 10:00 A,M. The public hearing on consideration of consolidation of the Paradise and Oroville Judicial Districts was held as continued. Hearing open to the public. Appearing: No oneo The hearing c4ascontinued to October 27, 1981 at 10:00 a.mo ', 2526 2527 ADOPT RESOLUTION 81-231 - APPROVE PUBLIC HEALTH ITEMS On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, the following Public Health items were approved: 1. Authorized destruction of file copies of birth certificates, fetal death certificates and death certificates filed during the period January 1966 through December 1978 as authorized by the Health and Safety Code with the approval of the State Registrar for the Public Health Department. 2, Approved the renewal contract with the State Department of Health Services in the amount of $9,OOD, for Dental Disease Prevention Program; authorized a subcontract with the Northern Sacramento Valley Rural Health Project in a similar amount for the conducting of the.Dental Disease Prevention Program in Butte County which consists of educational programs emphasizing personal dental health practices and prevention services for all children in kindergarten through third grade, with a grade added each year; and the Chairman authorized to sign the contract and subcontract. 3o Adopted Resolution 81-231 establishing fees for Public Health clinic services and the Chairman authorized to sign. AUTHORIZE NEGOTIATIONS OF REAL PROPERTY ACQUISITIONS IN EL MEDIO TARGET AREA - AUTHORIZE HOMEOWNERSHIP ASSI$TANC1?_PROGRAM FOR DEVELOPERS - HCD Pat Osborn, Connerly and Associates, stated in September the Board authorized their office to negotiate for property acquisition in the E1 Medio target areas -After advertisements they received 15 proposals. Some were eliminated as they were outside the project area or tenant occupied, They have negotiated with the remaining eleven individualso They were trying to find a price that would be mutually acceptableo They need to acquire within the price range. They would like to discuss with Chico Housing Improvement Program to do some of the rehabilitation,as they are non profit, on two or three of the properties. There is $32,000 of unex- pended funds from the 1980-81 grant budget. As of October 1, 1981 their new budget is $75,000. She is not proposing all of that money be used, but up to that amount, Supervisor Dolan questioned if those properties purchased were not negotiated for rehabilitation be handled through the bid process> Ms. Osborn stated if the county owned the property, they would have to lease it. All of the structures are different is size, structure, and amount of bedrooms. The only properties they considered were unoccupied or occupied by the owner. Page 3390 October 13, 1981 8 T- ~'. _ October 13, 198_1 _ _ _ _ _ Ward Connerly,~Connerly and Associates, stated they considered a couple of factorse What was the ultimate costs and the costs of rehabilitation. They would reject properties purchased for $15,000 and with a cost of $30,000 for rehabilitation. They look at the acquisition price and the price at the end of completiono They need to determine if they will be affordable to a potential buyers They try to find property that is comparable, The state has historically maintained 25 percent of an individuals income should go to housingo Recently they went to 30 percent, He has found where they could go up to 35 or 40 percent that would be acceptableo If the people are acceptable to commitment of certain percentage of their income being p3.8ced on housing. They consider other assets, size of family, expenses and a lot of other factorsa Mra Connerly felt in two years a low income or moderate income family will be paying $50,000 for a home, They are looking at rehabilitation loan investorsa They are not spurring inflation, they are lowering the price, There is a limited amount of money at present to purchase a home. They are buying on the speculation of getting low interest loans. They are only acquiring property so they can rehabilitate and se11o Supervisor Dolan stated she felt they were putting a control or lid on speculation because they are the only one in town ,with the cash and interest rates that are low, Mr. Connerly stated as long as they know that they are getting people in the area th~~t are becoming interested and involved; bhere is no profit for acquisition, only profit for rehabilitation, Supervisor Dolan questioned Mra Connerly regarding the developer benefits of Homeownership Assistance Program, Mro Connerly stated they may acquire only three or four as it is a good deal on the seven cabinso One other unit is single family, Tt would be $10,000 per cabino At the time this issue was first brought up there were a number of unanswered questionso Since that time he has meet with Housing and Urban Development, They discussed the use of funds, re- financing and Article 34, Once a unit has been rehabilitated, they are providing 100 percent financing, They have qualified at least ten families for the Homeownership Assistance Program where they put the percentage of one years rent to be applied to a down payment, They like the developer to retain ownership until the down payment ha's been accumulated, You give up $1,000 or $2,000 and let the developer continue the ownership of this for a tax shelter and share with the County the benefits you will enjoy, Supervisor Lemke stated it is limiting the tax shelter for one year until the buyer builds up his equity, Mr. Connerly stated if the county owns the property it does not necessarily benefit the county. They do not get the write-off, It will bring some money back, The county is not involved with a brokero They have the right to sell the shelter or retain it for a flat amount. He would grefer the investor assign the tax shelter. Supervisor Dolan stated it is a changed The county would be the owner of record until the purchaser acquired the down payment. The county will not be on the titled Mro Connerly stated at the time the developer completes the rehab- ilitation, they can do that. He felt instead of doing that, let the developer continue ownership and lease to the county their county controls until the rent has built up to the down payment, The county gains no benefits by retaining the property and suffer no losso They still control the property, If the purchaser chooses to:sell, the county has the option to call the loan. Page 340. October 13', 1981 81- ~' October 13, 1981 _ _ _ Mr. Connerly stated once^an individual qualifies for low or moderate income, they are controlling and they know what they are getting, They know the price and are negotiating and know what is going into the unit. If the county retains ownership, they must worry about liability. Supervisor Lemke stated by the county being the owner it takes the property off the tax roll. Supervisor Dolan stated she felt this was very tricky. She felt they were getting around Article 240 Mr, Connerly did not think it was a problem. They would be rehabilitating the homes and making a savings, Their administrative costs are the same whether they make this savings or not, The money would go into the program income and be recycled for additional loansa There are not many counties that get out of the grant programs. 'William Dejork, Oroville, stated they are involved in several of the homes in this area. He is not a brokers He is a California real estate agent. He is acceptable to the tax shelter, there is no problem selling the homes. The-net price is determined by the market and the potential of the buyer. When there is changing of title to property it involves fees and going through escrow. The county has complete control with the property, He feltz,Mr. Connerly was an astute negotiator and thus would allow purchasers to pay less for the property they acquired. At one hearing he came before the Board and felt the program was inflationary to the private sector, his charges were unfounded. He felt it benefited both the recipient:a~td;. the business communityo Supervisor Dolan stated the business community is getting benefits and contracts whether they provide or allow. people to get tax shelters. She felt this was an additional area of governmental bureaucracy extending out. She felt the county was underwriting 100 percent of it, Mro Connerly stated they are not asking a person to bring in additional money. They are using the tax laws to bring in more money to keep the programs going. This could allow more buyers than otherwise would use the programo Supervisor Lemke stated he was confident it was an astute move and he recognized the ability to increase their income through this program, It was moved by Supervisor Lemke, seconded by Supervisor Saraceni, the negotiations of real property acquisitions in the E1 Medio target area for purchase of as many properties as the 1980-81 and 1981-82 acquisition budgets will permit was authorized9 Connerly and Associates was allowed to explore with Chico Housing Improvement Program (CHIP), the possibility of developing a self-help housing rehabilitation program, or using CHIP to rehabilitate two or three of the houses under the Home Purchase Assist- ance Program was authorized, Supervisor Dolan stated she did not agree with this proposal, It boggles the mind. She was uncomfortable with this. They are moving into another area of government which cannot. be answered. Vote on motion: AYE5: Supervisors Lemke, Saraceni and-:Wheeler ,_-.. NOES: Supervisor Dolan ABSTAINING: Chairman Moseley Motion carried, Page 2410 October 13, 1981 81- a'. October 13, 1981 It was moved by Supervisor Lemke, seconded by Supervisor Saraceni, policy direction to Connerly and Associates to proceed and use the Developer Benefits of Homeownership Assistance Program with the tax shelter method; and have that further discussion on approval of County Counsel and the Auditor be authorized, Supervisor Dolan stated they will be giving direction for the policy to be worked out so it will not be back before the Boardo Vote on motion: AYES: Supervisors Lemke, Saraceni, Wheeler and Chairman Moseley NOES: Supervisor Dolan 2528 ~~ Motion carried, APPEARANCES: BILL BURGH - REPORT BACK FROM SUPERVISOR WHEELER ON NOV- EMBER 3.1981 Bill Burch, Forest Ranch, stated he had presented a letter from the Forest Ranch Community Associatior~for the Board, Tt.appears they were not distributed, The Association felt there was a certain amount of confusion that existed within their area, as to the future of the areao They were concerned of certain granting of various property provisionsa It was felt that all concerned whether interested in development of land division or investments should request from the Board their consideration and the Board authorize a specific or comprehensive study of the Forest Ranch area, There is concern regarding the water availabilitya They would like a study indicating the number of residential wells, number of people living in Forest Ranch, the depths of the wells so they can be informedo They are asking for the Board's help in the form of direction or consideration of staff departmentse Supervisor Wheeler stated before the Board gives direction, she would like to sit with staff and the Association or the community and out- line specific issues to be addressedo They need to be allowed some timed There is a great deal of concern as far as the growth pattern in that areao She could bring a report back by November 3, 19810 She would like it placed on the agenda at that time, She wants to address this with staffs They are involved in the "green line" issue and a great deal of information that will be gathered in the areao Supervisor Lemke stated Supervisor Wheeler was addressing problems that will involve the use of other"than Planning Depa"r-tment staff, Supervisor Dolan stated she would like to think about this mores Planning decisions are not absolute, The information could be gathered for reasons other than grod~th such as where drainage swells and water wells are locatedo They have a lot of this information, Mro Burch stated people like the areao They should be able to do a better job of planning for growth and make more intelligent decisions for tomorrow and on down the lined. He knew there were no guarantees, but they had to tryo Supervisor Lemke questioned if the Forest Ranch Community Assoc- iation was willing to helps Several years ago residents of Paradise helped with the land use studyo The county could never have been able to afford to pay for the help which was contributed, Mro Burch stated he hoped the data could help the volunteer fire departmento Non county roads are being put in and they are not on any mapso Page 342 0 October 13", 1981 $]- b'. ', 2529 2530 October 13, 1_981 _ _ _ _ _ They could generate an up date of information and broaden out. He felt there would be less conflicts if all. this information was in the open and"availableo They will cooperate and help gather the data. Supervisor Wheeler stated Cohasset has voiced the same concerns. She would like to formulate the plans for both of the areas. Their problems are similar. Supervisor Dolan stated she was willing to discuss the issue and provide as much help and anticipated the advisory help of the Community Association. She questioned what if the plans are changed. The Community Association needs to"know what started the ideas for the General Plan. The Board reduced Planning staff and gave them more to do, They still have a number of areas they are working on, 19810 A report back from Supervisor Wheeler to be held on November 3, APPEARANCES: ,TAMES HANSON .Tames Hanson, Oroville, stated he felt government has never made anything but debts for the people, The Board was made aware of how vicious people can become when they were attempting to balance the budget, He discussed the issue of the Med-fly spraying. It has been stated it .is not harmful, yet those doing the hand spraying are using face masks. APPEARANCES: KELLY MEAGHER - APPROVE MOTION NOTHTNG FURTHER BE DONE REGARDING THE ELECTION BALLOTS Kelly Meagher, Butte Creek Canyon Road, spoke regarding the synopsis prepared by County Counsel for the November election ballots regarding the ordinance and Butte Creek Canyon rezones He read from the synopsis. He stated 86,000 voters in Butte County are being told on their sample ballot there will be no development. In Condition 30 it allows for the development as set out on page 12 of the conditions which were approved. A mistake was made, Another mistake is indicated where the State Election Code 3795 set outs the synopsis material must be submitted to the Clerk and on file 20 days ~iefore it is submitted to the printer. This material was not available to the public during the 20 days. They feel there are alternatives to the Board. The sample ballots could be reprinted, a retraction could be made or a series of newspaper articles giving the correct information. Radio, television or additional mailings could be a possibility of informing the public. Supervisor Lemke questioned County Counsel Del 5iemsen if there had been any changes in his opinion or the written synopsis. Whether the statement is misleading regarding the sample ballot or the argument, Del Siemsen,~county counsel, stated no. Supervisor Lemke stated he was not in favor of reprinting the balloto Based on County Counsel's opinion he does not feel the county has the finances for additional mailers. It was moved by Supervisor Lemke, seconded by Supervisor Wheeler, that nothing further be done regarding the synopsis on the sample ballot, Mr. Meagher stated he felt it was unfortunate that there will be a cost to the countyo He believes democracy will be better served. He felt it was hard to put a price tag on it. It is a misleading statement, There are other alternatives, Supervisor Lemke stated democracy was being served. They are going to have a ballot measure. Nothi}}g has been done to misinform or mislead. Page 343. October 13, 1981 81- v October 13, 1981 _ _ _ _ Supervisor Dolan stated she did not think the impartial analysis was illegal. She felt something should be done to correct it. This is a complicated issue. She has researched the minutes of the Board; They cannot maintain or assume what the property owners will do with that 300 acres of wildlife refuse. The owners themselves will do that, The property owners association can initiate a rezone, She felt they need to do something as a Board. She has had the opportunity to read both sides. She feels it should be presented either or, the referendum or the 375 acre parcel, She is not supporting redoing the ballot. Supervisor Lemke stated it is in there now and everyone knows it is a law on-the books until it is changed, As you know, 80,000 people, which is 20 percent of the population, is going to make the choice for one areao Supervisor Dolan stated she felt there should be a correction to it. She feels there is an argument, They are saying no development can take place. It is going to be a refugeo A rezone and the General Plan can change that. The people in Gridley and Biggs have no knowledge of what is going on. Supervisor Wheeler stated she felt the people who will be purchasing the property are doing so for the reason of open space. A certain percentage of the property owners before have indicated changes could occuro Mr. Siemsen stated he did not feel these issues could be upheld in a court, The Board does not have the authority to preclude anyone from applying fora rezone.The analysis is set forth. They should go that route or be of th opinion people are ignorant of the state lawso Supervisor Dolan stated she had not heard the issue of the 20 days before today, Vote on motion: AYES: Supervisors Lemke, Saraceni, Wheeler and Chairmand Moseley NOES: .Supervisor Dolan Motion carrieda 2531 ADOPT RESOLUTION NO'S 81-232, 81-233, 81-234, 81-235, 81-236 PUBLIC HEARING: LAICERIDGE VILLAGE ASSESSMENT DISTRICT - DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY AND HEARINGS OF PROTESTS CONCERNING FORMATION OF THE ASSESS- MENT DISTRICT The public hearing on the Lakeridge Village Assessment District for determination of public convenience and necessity and hearings of protests concerning formation of the assessment district was held as advertised, Robert Bxunsell, bond counsel, set out the background on the assessment district. It is a simple owner subdivision assessment district with no controversy. The hearing should be opened and closed. There is one correction, they do not have ready today the offer for the purchase of the bonds from Birr Wilson and Company, Inc. He would like to bring back that resolution in two weeks. The maximum coupon rate is 10 percent, Legislature did increase that maximum rate to 12 percent at the first of the year. It is a difficult bond market at this time, It has been very ~volatihe. Hearing open to the public. Agpearing: No one. Page 344, October 13,.1981 81- ~' October 13, 1981 _ Hearing closed to the public and confined to the Board, r On motion of Supervisor Saraceni, seconded by Supervisor Lemke and unanimously carried, the following actions regarding the Lakeridge Village Assessment District were approved: 7:. Adopted Resolution 81-232 for summary abandonment of a portion of Hillcrest Avenue and Kelly Ridge Road, 2. Adopted Resolution 81-233 amending the resolution of intention to include the provision for agreements with various utility companies. 3. Adopted Resolution 81-234 finding and determining that the public convenience and necessity require the construction of the improve- ments. 4, Authorized filing of the amended engineer's report, 5. Adopted Resolution 81-235 approving the report and assess- ment and ordering the improvements. , 6. Authorized filing of the consent and waiver of the property owner to waive the cash collection period. 7o Authorized filing of the paid and unpaid lists. 8. Adopted Resolution 81-236 authorizing change orders, 2532 I I 2533; 9. Approved the final Lakeridge 'Village Subdivision Map for the 112 lot subdivision located on the south side of Hillcrest Avenue, between Kelly Ridge Road and Riverview Drive, AP 34-30-various, Oroville area, which will provide the necessary means to guarantee construction of road, drainage, water, sewer, telephone and electric facilities within a period of one year; noting there are no taxes or special assessments for which there is a lien or payment required at this time; accepted ease- ments as granted in items 1, 4 and 5 of the owner's certificate; accepted grant in fee.simple'for a.11.-streets and no access strips as described in items 2.:and 3 of ahe owner's certificate; and the Chairman authorized to sign said subdivision agreement. . ADOPT RESOLUTION 81-237 AND 81-238 - TREASURER-TAX COLLECTOR ITEMS On motion of Supervisor Lemke, seconded by Supervisor Wheeler and unanimously carried, the following Treasurer-Tax Collector items were approved: 1. Adopted Resolution ST-237 approving the selling of tax-deeded property by sealed bid for six parcels of property at various minimum bid amounts and giving Ytotice of intention to sell; and authorized the Chairman to sign, 2, Adopted Resolution 81-238 approving the notice of intention to sell tax-deeded property at public auction pursuant to the Revenue and Taxation Code to sell 29 parcels of property at various locations and at minimum bid amounts; and the Chairman authorized to sign, ADOPT RESOLUTION 81-239 AND 81-240 - PUBLIC WORKS ITEMS On motion of Supervisor Lemke, seconded by Supervisor Saraceni and unanimously carried, the following Public Works items were approved: Page 345. October 13', 1981 81- d 2534 2535 2536 2537 2538 2539 October 13, 1981 1. Adopted Resolution 81-239 an amendment. to Resolution 81-189 in order to correct the description of a road right-of-way which was in the wrong form as it did not include all of the area requested for abandon- ment and the Chairman authorized to sign, 2, Adopted Resolution 81-240 giving notice of intention to setting a public hearing on November 24, 1981 at 10:00 a,m. for the abandonmenX of portions of Brown Street and Goodspeed Street in the town of Durham at the property owners' request and the Chairman authorized to sign. AUTHORIZE ADVANCE ENGINEERING FOR KEEPER ROAD AND BRIDGES ON MIDWAY - PUBLTC WORKS On motion of Supervisor Zemke, seconded by Supervisor Saraceni and unanimously carried, the advance engineering for Keefer Road which will be the next federal aid secondary route and for bridges on the Midway at Butte Creek and Western Canal as they are substandard bridges and appear to qualify for federal bridge replacement funding as requested by Public Works was authorized. ADOPT RESOLUTION 81-241 - SETfiING PUBLIC HEARING FOR COUNTY SERVICE AREA N0, 82 STIRLING CTTY SEWER On motion of Supervisor Lemke, seconded by Supervisor Wheeler and unanimously carried, Resolution.81-241-setting-a`publc-heal-ing. date of November 24, 1981 at 10:15 a.ui. to reorganize the existing Stirling City Sewer Maintenance District into a county service area (County Service Area No. 82) was adopted and the Chairman authorized to sign, ADOPT RESOLUTION 81-242 - SETTING PUBLIC HEARING FOR COUNTY SERVICE AREA N0. 26 On motion of Supervisor Lemke, seconded by Supervisor Saraceni and unanimously carried, Resolution 81-242 setting a public hearing date of December 8 ,1981 at 1:30 p.m. for the extension of storm drainage maintenance authority to County Service Area No, 26 in the Thermalito area of Oroville was adopted and the Chairman authorized to sign. ADOPT RESOLUTION SI-243 - SETTING PUBLIC HEARING FOR LEN KELLY ABANDONMENT OF PUBLIG UTILITIES EASEMENT,_PARADISB PINES UNIT 2, LOT 162 On motion of Supervisor Lemke, seconded by Supervisor Saraceni and unanimously carried, Resolution 81-243 setting a public hearing date of November 24.,_1381•at,10:00-a.m.'for consideration>:of:ab andonment of a publi"c utilities:.easement>;`. Paradise'Psnes' Unt'2, Lot..162-for:Len•Kelly was adopted and the Chairman authorized to sign, APPROVE CONVEYANCE FOR PERPETUAL OPEN AREA EASEMENT FOR KENNETH R. AND NANCY A, HANSEN - PLANNING DEPARTMENT On motion of Supervisor Wheeler, seconded by Supervisor Saraceni and unanimously carried, the conveyance of development rights for a perpetual open space easement for Kenneth R. and Nancy A, Hansen to comply with the conditions of approval on a use permit for AP 40-17-141 and 142 was approved and the Chairman authorized to sign. REPORT TO THE BOARD ON CONDITIONAL ZONING - REFERRED TO COUNTY COUNSEL. AND Discussion and policy direction regarding the endorsement of the Planning Commission on the adoption of the resolution for development agreements and a recommendation from the Commission for the Board to consider an amendment to the zoning oxdinance (Ordinance 1750) to provide for candit- ional zoning was held at this time< Bettye Blair, planning director, set out•the background;on'the ~•- conditional zoning request from the Planning Commission, She would like Page 346. October 13, 1951 81- b'' 2540 2541 2542 October 13, 1981 _ the matter referred to~County Counsel to allow Planning and Counsel to work out any problems before the Board takes action, The matter was referred to County Counsel and Planning Director for report backs REPORT FROM COUNTY COUNSEL REGARDING WAIVING OF BUILDING PERMIT FEES FOR MAGALIA COMMUNITY CHURCH A report to the Baaxd concerning the request of the Magalia Community Church to waive building permit fees was held at this time, Del Siemsen, county counsel, stated he set out his concerns in a letter to the Board, Tt is his conclusion to prohibit this type of fee, Clif Mickelson, administrative officer, stated they would notify the church by letter. CONTINUE TO OCTOBER 20, 1981 - APPOINTMENT TO THE NORTHERN CALIFORNIA HEALTH SYSTEMS AGENCX Continued to October 20, 1981 the appointment to the Northern California Health Systems Agency, COMMUNICATIONS Greenhills Investment Company, Ltd. The firm writes appealing the Advisory Agency`s Conditions No, 7 and No. 19 on the Oakvale Meadows Sub- division, AP 68-36-114, 74 parcels, property located on the west side of Oakvale Avenue, approximately 450 feet south of Hilldale Avenue, Oroville area. Set for public hearing on November 3, 1981 at 10:00 a,m. ' City of Oroville. The city writes indicating that they are in opposition to the inclusion of incorporated territory within the proposed extension of powers to County Service Area 26 for storm drain maintenance. Information; considered earlier in the meeting when set for public hearing. Canyon Committee for Responsible Zoning. The committee writes supporting the need for a "greenline" initiative in order to preserve Butte County's agricultural land, Information; no action taken, James Wa Lenhoff, Oroville, Mr. Lenhoff writes concerning the placement of a fence and locked gate across the entrance to the old Flag Canyon county road where it intersects with the Cherokee Road, west of the town of Cherokeeo Referred to Public Works Director for a response to Mr. Lenhoff, Forest Ranch Community Association, The association writes expressing concern that they do not have Sheriff's deputies patrolling their area. Discussion; synopsis letter regarding budget to be mailed, See discussion following communications. Northern California Emergency Medical Care Council. The council writes for- warding information concerning 100 percent and 50 percent county funding levels for the organization. Discussion; no action taken. State Department of Water Resources. The department forwards a copy of their application for amendment to license on the Thermalito Diversion Dam power plant, Project No, 2100. Information; no action taken. Department of Aging. Department Director Janet Levy writes concerning a public hearing to be held in Chico on Monday, October l9, I981 at ~ 2:00 p.m. concerning ,the ,operations of the Area Agency on Aging. Information; no action taken. Rage 347. October 13, 1981 ~;~ ~f~ 81-2543 ~'' 2544 2545 2546 October 13, 1981 PUBLIC HEARING DATE SET FOR OCTOBER 27, 1981 AT 1:30 Y.M. WITH THE SHERIFF AND RESIDT:IVTS OF THE FOREST RANCH AND COHASSET AREA Discussion was held regarding the letter from Forest Ranch Comm- unity Association expressing concerns of the Sheriff's deputies patrolling their area, Clif Nickelson, administrative officer, stated there are on-going meetings with the communities regarding their concernso Supervisor Dolan stated the Board at budget session did not impose a hiring freezeo They requested the Administrative Office to review each position as they become vacant, Supervisor Wheeler stated there are concerns in both the Cohasset and Forest Ranch areaso Mike Pyeatt had forwarded a memo to the Sheriff regarding neighborhood watch programs in the two areas, People are concerned about the levels of law enforcemento She questioned if the Board would be acceptable to her meeting with the Sheriff and staff to discuss the issueso There are many misnomers going aroundo Supervisor Wheeler read a letter from Howard C, Johnson of Cohasset which was mailed to the newspapers She cited an incident where an individual had been tied up and robbed, His wife untied him when she returned home from work and they telephoned for a deputy. They were told there would be a deputy in 12 hours, They tele- phoned her and she contacted the dispatcher. A group of citizens went to the Chico Substation to donate $500 for the Secret Witness Program and were told they were not sure there was a program. She felt someone needed to talk to the people, the levels of services need to be provided to both rural and urban areas.: Supervisor Lemke stated he felt it should be held here in the Board room. and in open session, Discussion of the levels of law enforcement in both the rural and urban areas to be held in public session on October 27, 1981 at 1:30 p.m. with Sheriff Gillick to be in attendence. REPORT BACK FROM SUPERVISOR WHEELER ON LIBRARY HOURS Supervisor Wheeler stated last week the resolution regarding the library hours was adopted. She would like to make a couple of changes to the Chico and Paradise hours. They would be willing to give up part of the hours in order to be open on Saturdays for 22 hours or a half day, She will discuss this with Librarian Jo Terry and report-back. ADDITIONAL ITEMS BY BOARD MEMBERS Supervisor Lemke was concerned about the letter from the Northern California Emergency Medical Care Council, It sounded like a threat, He would like someone to come before the Board and speak. He felt the problem was in the Board of Directors. Supervisor Saraceni reported on tine Nine Northern California Supervisors Association meeting held in Susanvillee There was governmental discussion and information regarding the State timber yield bids, They were so high they cannot bring it out of the forest, A resolution was adopted to try to get the federal representative working on ito He stated Butte County is in line for the president of the Supervisors Association. He was not aware of any discussion or action regarding the Welfare mandates. APPROVAL OF MINUTES On motion of Supervisor Lemke, seconded by Supervisor Dolan and unanimously carried, the minutes of September 22, 1981 were approved as mailed with the following corrections: Page 348e October 13, 1981 81- 3''. October 13, 1981 Minute Order 81-2400, page 264, to reflect: new instead of small. Minute Order 81-2405, page 266, paragraph 1, line 9, to reflect: It seems the hours are for the convenience of the courts and only for hearings that are in process, while access for information on property titles, vital statistics and everything else the public has.a right to have access to will be hurt. Minute Order 81-2405, page 266, paragragh 6, line 1, to reflect: Supervisor Dolan stated there are many kinds of service to the publico Minute Order 81-2405, page 266, paragraph 6, line 6, to reflect: Possibly this could be seen as a tradeoff of services to different types of public. Minute Order 81-2405, page 267, paragraph 2, line 6, to reflect: The Board started this by the reduction of 22 people and now to say we want everything done as before doesn't make sense. Minute Order 81-2412, page 269, paragraph 3, line 1, to reflect: Supervisor Dolan stated the budget she had just received shows there would be much higher personnel costs going to put on seminars than for the counseling services. She felt having the seminars get the most money for staff was backwards to her. She felt there would be a lot more staff time put into ongoing counseling than organizing two seminars. Minute Order 81-2412, page 269, paragraph 4, line 4, to add: ...personnel costs to put on the seminars. Minute Order 81-2412, page 270, paragraph 1, to reflect: statistics of homeownership for low income, the counseling for management of mortgages might be futileo Minute Order 81-2412, page 270, paragraph 5, line 4, to reflect: there was so much more money for the two housing seminars than for the counseling, Minute Order 81-2413, page 272, paragraph 3, last line, to reflect: 40 acres and larger parcels involved, Minute Order 81-2418, page 280, paragraph 2, to reflect: density is more a greater density for septics than proposed by the Planning Commission, Minute Order 81-2418, page 280, paragraph 4, line 4, to reflect: higher density and she did not want to give an impression of encouraging develop- ment on good soil. Minute Order 81-2422, page 284, line 3, to reflect: new communitiesoa...o with local impact but without local control.... AD30URNMENT There being nothing further before the Board at this time, the meeting was adjourned at 12:45 p.m. to reconvene on Tuesday, October 20, 1981 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK- RECOR-ER and ex-officio Clerk t Board of Supervisors By: Page 349. Chairman, Board of S ervisors October 13, 1981