HomeMy WebLinkAboutM102175
October 21, 1975
STATE OF CALIFORNIA )
SS,
COUNTY OF BUTTE )
The Board of Supervisors met at 9:OD a.m. pursuant to adjournment. Present:
Supervisors Cameron, Madigan, Mcl~llop, Richter and Chairman Ladd. Clif
Nickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark A.
Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk.
Pledge of allegiance t4 the flag of the United States of America
75-1758 APPROVAL OF MINUTES
On motion o Supervisor McKillop, seconded by Supervisor Madigan and
unanimously carried, the minutes aF October 14, 1975 were approved as mailed.
75-1759 COMMUNICATIONS
~ 60, S' perry D. and Dorn Duna oo. (aequest for withdrawal of land from proposed Butte County
Resources Conservation District is filed. Refer to County Counsel.
~ G O ~ Z~Dennis Benefieid-C,ridley. Claim is filed against the county in the amount of X17,344.66.
See motion following communications.
James LenhofF, Oroville. Mr. Lenhoff writes regarding the Oregon City School and
7 / ~ ~ 0 J cancellation of the tax sale. it was stated that there is proper procedure for
this man to follow. Inferred to County Counsel for answering.
Department of Benefit Payments. Marion J. Woods, director, forwards copy of the Food
17, ~ v Stamp Manual of Policies and Procedures Section 63-8000, Outreach, which was
filed on an emergency basis on September 29, 1975. Discussed. Supervisor Richter
has article he is making copies of. See motion following communications.
Senator Randolph Collier. Senator Collier writes regarding updating of I~gional Transportation
/ 0 d . Zy Plans under AB 69, Statutes of 1472. Information; no action taken.
Local ,agency Formation Commission. The Commission sends notice of public hearing on
7 ~j0 , 0~ application for annexation to County Service Areo No. 4. Information
only.
Local Agency Formation Commission. The Commission files notice of public hearing on
~3a , a~ O resoiutian making application for annexation to County Service Area No. 24.
Information only.
Local Agency Formation Commissiom,. Commission files notice of public hearing on
'~ 30, Z5t'~ application for detachment from County Service Arco No. 24.
Information only.
S~ppAlida C. Flexer. Thanks Supervisor Cameron and County for action taken regarding
/ 0 tree at the comer of Central Park and Maxwell prives. Read; no action needed.
James H. Moore, Chico. He writes concerning use permit approved by the Planning
r /3 ~ ~ J Commission and denied by the Planning Director. Board members have copies
of this correspondence. No action taken.
Page 305.
October 21, 1975
~, ~:
________________~tok~sc~1~19Z~====____------_____
5~2.~ o d Thomas McCampbell, attorney at law. Writes concerning Butte dump fee increase.
No action taken,
Elroy Nathan, President, Butte County Historical Society. They request for the
-~ ~- /, O O Historical Society, the cell-block that once housed the last Yahi Indian, i shi,
Referred to Administrative Officer to check on matter.
Lorrin L. Ward, Architect-Engineer. Offers his services for the Board's consideration
/ O'~, O 2... regarding the anticipated construction of new office space at County Center.
Read; to be considered at time other requests are considered.
Goldstein, Barceloux & Goldstein, attorneys at law. They submit claims of Hugh p.
/ o d . 2. ~ Hart, Donna Rebecca Hart, and Hugh Larkin Hart. See motion following
communications.
Goldstein, Barceloux & Goldstein, attorneys at law. They submit claim ofOrville
~ o. L Jr Rice against the County of Butte. See motion following communications.
75-1760 SUPPORT PLAN OF PRESIDENT FORD ON REFORM OF FOOD STAMP PROGRAM
Supervisor Ric ter stated a wou i e to see t is Board support President
Ford's plan regarding reform of the food stamp program. The County's representatives
in Congress should be requested to support tha plan of President Ford to have reform
of the abuses of the food stamp program.
On motion of Supervisor Richter, seconded by Supervisor McKillop and
unanimously carried,the,County's Congressmen will 6e requested to support the
plan of President Ford fpr the administering of the Food Stamp Program, with copies
of the letter to be sent b the Senators, Congressmen and to president Ford.
Outreach program discussed. Supervisor Cameron stated tha# Mrs. Margaret
Mitzel, WelFare Department, had been operating as coordinator of the food stamp
program. She has appeared to the meetings throughout the County to explain the
program policies.
Bob Crisan, Welfare Director, explained the Otreach program. A plan has
to be Filed; it is a new regulation. Handling of the program explained. He stated
That the plan introduced by president Ford Saturday night will create reforms in the
food stamp program. A report on the outreach program is due by November 15th.
Mr. Crisan will prepare the report, staring that there is a coordinating officer for this
program, within the Welfare Department.
75-1761 . REJECT CLAIM OF DENNIS BENEFIELD-GRIDLEY
On motion o Supervisor Ric ter, seconde y Supervisor McKillop and
unanimously carried, the claim of Dennis 8ene~ie'1d,Gridley, in the amount of $17,344.66
was rejected as it was not timely filed.
75-1762 REJECT CLAIM OF Hi1GH p. HART, DONNA REBECCA HART & HUGH LARKIN HART:
CLAIM OFORVILE RICE
On motion o Supervisor McKillop, seconded by Supervisor Madigan and
unanimously carried, the following claims were rejected and referred to County Counsel
and the County's insurance carrier:
I. Claim of Hugh.E. Hart, Donna I~becca Hart, Hugh Larkin Hart, a minor,
against the County of Butte in the amount of $75,000 for Hugh p. Hart; $75,000 for
Donna Rebecca Hart and $2,000,000 ,for Hugh Larkin Hart, a minor.
Page 306. October 21, 1975
_ October 21~ 1975
75-1763 MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Cameron reported on the dedication of the old Inskip Hotel as a
Historical piace of interest. This was held last Saturday and he represented the Board.
Supervisor Cameron reported that there would be a steering committee
meeting in Bedding on November 5, 6 $ 7th, 1975. Purpose of the meeting set out.
It is his feeling that the Board needs to discuss the matter of the group that will be
formed. To be placed on the agenda for Monday, October 27, 1475.
Supervisor Cameron stated he had been approached by the property owners
association in Paradise Pines concerning the closure of a road. Mr. Castleberry
will look into the motter and see what can be done.
Supervisor McKi Ilop stated there vrould be a contingency of people at
this meeting at II:00 a.m. this momin g to protest the setting off of a ton of dynamite in
the Palermo area. Mr. Johns, Water Resources Department, will be requested to
appear to report on the matter at that time.
75-1764 APPROVE LEAVE OF ABSENCE
On motion o Supervisor McKillop, seconded by Supervisor Cameron and
unanimously carried, a 20-day noncompensated medical leave of absence was approved
for Mrs. Carolyn Vance, Welfare Department, commencing October 25, 1975 #o
November 15, 1975.
75-1765 ADOPT ORDINANCE 1637, AMENDING SALARY ORDINANCI:
A sa ary ordinance amendment as en prepared to add staf to the Fomily
Support Division to implement the new public assistance Aide to Needy Children
Program. The ordinance adds three typist clerk 11's, one family support investigator
and one attorney to the District Attorney's office. The first reading of this ordinance
was waived on Tuesday, October 14, 1975.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, the second reading of the amendment to the salary ordinance
was waived, Ordinance 137 was adopted and the Chairman was authorized to sign.
75-1766 1953 JEEP DECLARED SURPLUS PROPERTY
On motion of Supervisor McKil op, seconded by Supervisor Cameron and
unanimously carried, a 1953 jeep, Unit X926 was declared surplus property and the
Purchasing Officer was authorized to dispose of the same.
75-1767 RATIFY MEMORANDUM OF UNDERSTANDING: COUNTY EMPLOYEES
The memorandum of understanding as en deve aped t roug meet and confer
sessions between county representatives and representatives of the BCEA and is submitted
fnr $oard consideration and approval. Memorandum discussed.
On motion of Supervisor Richer, seconded by Supervisor McKillop and
unanimously carried, the memorandum of understanding with County employees was
ratified and the scoff was directed to proceed with the appropriate ordinance and
bring back said ordinance for Board consideration.
Page 307.
October 21, 1975
~ ~
75-1767 APPROVE BUDGET TRANSFERS
On motion of Supervisor hAcKillop, seconded by Supervisor Cameron and
unanimously carried, the following budget transfers were approved:
B-044 Health Serv cgs enc -General Services - ntal Health. $90
is transferred flan transportation and travel to special departmental expense
within the General Services Mental Health budget and is to cover cost of a
seminar attended by a mental health employee at Dr. Maguire's direction for
which no specific appropriation has been included in the budget.
B-045 Central Services -Central Duplicatins<. This sets up $8,800
in the equipment account to cover purchase of a Camera-plate maker authosteed
for purchase rather than Lease ae approved by the Board of Supervisors on
October L4, 1975. $2,400 comes from rents and leases -equipment as this
account had previously been budgeted for Lease of this piece of equipment
and $fi,400 comes frrom the reserve for contingencies.
B-046 County Service Area No. 26 (Thermalito Irri¢ation District). This
transfers appropriation within the County Service Area No, 26 budget as per
Instructions from the Thermalito Irrigation District as shown in their letter
of October 1T, I975,$SDO is set up in audit services and $50,073.52 in structures
and improvements. Of this, $40,500 comes from the service area reserve and
the baLAnce from other accounts within the budget.
75-1769 APPROVE AUCTIONEERS LICENSE
On motion o Supervisor McKi lop, seconded by Supervisor Madigan and
unanimously carried, the Board approved the following auctioneers license:
Reyol Company Auctioneers, Inc., by Melvin H. Bloom, to conduct aictions
at SMS Corporation, ofFSth Ave. South, Oroville.
75-1769 DISCUSSION: PREPARATION OF BUDGET FIGURES FOR NARCOTIC OFFICER
PROGRAM
C1~Mickelson, Administrative Officer, stated that he has a situation that
involves the SherifF, CCCJ and the Auditor's Office, relating ro the Narcotic Officer
program. It has been the Sheriff's policy to route the budget documents and the
cppfication forms to the Auditor's Office for preparation of the figures relating to the
costs of the program. The auditor does not want to invest a<,y of his time unless the
Board so instructs him to do. It is the Auditor's feeling that the Board might not approve
the Norco program for the coming year. application discussed.
It was folt that it might be well to have Howard Casagrande bring back the
fiscal breakdown in this matter, The Auditor has to have the figures put together before
there can be a rundown on the program. Supervisor Richter said he would like to see
some figures on whether the program has been a good one. He would like an evaluation
of the program.
It was moved by Supervisor McKillop and seconded by Supervisor Cameron that
the Auditor be directed to prepare the figures for the Narcotic Officer program and
that progress reports and information be sent to the Board members for their evaluation
of the program.
Chairman Ladd said he would like to know how much work there would be in
preparing these figures. Mr. Casagrande will be requested to speak to the Board about
this program. page 3Q8.
Motion tabled at this time. October 21, 1975
_==__-W`--------October21~1975______--
COMMUNITY ACTION AGENCY GOVERNING BOARD ITEMS
75-1770 gppROVE COUNTY EMERGENCY EARTHQUAKE RELIEF FOR LOW-INCOME HOMEOWNERS
-BUTTE COUNTY HOUSING IMPROVEMENT PROGRAM GRANT APPLICATION: HOUSING
IMPROVEMENT Sr ENERGY CONSERVATION PROGRAM APPLICATION & FARM WORKER
PROGRAM
Pat Bany, EOC Director, reported on the items set out on the agenda.
Programs discussed.
On motion of Supervisor MclCillop, seconded by Supervisor Cameron and
unanimously carried, the following action was taken:
I. Approved grant application in the amount of $109,29b for the Butte County
Emergency Earthquake Relief for low-income homeowners.
2. Approved Butte Ccunty Housing Improvement Program grant application in the
amount of $8$,103 for submission to the U.S. Department of Commerce for funding under
CETA Title X.
3. Approved grant application for Butte County Housing Improvement and
Energy Conservation Program, made directly to Community Services Administration fn
the amount of $b, 866, to allow the Butte County Economic Opportunity Council, Ine.
to operate a project during the summer of 1976.
4. Approved Butte County Farm Worker program proposal for funding under
CETA Ti#le lil, Section 303, which has previously been reviewed by the Manpower
Planning Council and the Board of Supervisors.
75-1771 REPORT BY HOWARD CASAGRANDE REGARDING NARCOTIC OFFICER PROGRAM
Howard Casagrande was present at t is time to report on t e Narcotic Officer
Program. He stated that this was the third year of this program; there would be 50%
participation by the participatiog agencies. It was stated that Chico had pulled out
of the program; this would make the County's share of the program go up.
Mr. Casagrande stated he would bring in some data as to the results of this
program. Quarterly reports are filed on this program end these reports will be made
available to the Board. The application is due by the middle of November.
Roll call on motion. AYES: Supervisors Cameron, Madigan, McKillop,
Richter and Chairman Ladd. Motion carried.
Supervisor Richter said he would like to see the disposition of the number
of arrests. Mr. Casagrande stated he would get this information for Supervisor Richter.
75-1772 DISCUSSION: PAYMENT FOR 1975 WATER ENTITLEMENTS
On Ju y , t Board too action to out arize payment for the 1975
water entitlements 'finder protest ". Jim Johansen, assistant auditor, spoke regarding
the matter. The Board members requested that the County Auditor appear to discuss
this item. No action at this time.
75-1773 APPROVE RIGHT OF WAY ACQUISITION-AGREEMENT FOR SALE
On motion o Supervisor McKi op, seeon e y Supervisor Madigan and
October 21, 1975
~.. r
unanimously carried, the following agreement for sale was approved, the Chairman
authorized to sign and the Auditor authorized to issue warrant upon demand of County's
escrow agent;
Oroville-Quincy Hwy. C. B. Ciganovich 0.409 AC. Price $500
27561-73-I
75- 1774 AUTHORIZE PURCHASE OF GUARDRAIL: SKYWAY AT MAGALIA DAM:
APPROVE TRANSFEROF FUNDS
C ay Caste rry, Director of Public Works, reported that due to limited funding,
the Skyway at Magalia Damproject was awarded without a guardrail. Authorization to
purchase guardrail for both sides of the dam and installation 6y county forces. ft was
fait these guardrails should have been in the project at the time the project was awarded.
It was felt that every effort should be made to have the guardrails put in at this time.
On motion of Supervisor Cameron, seconded by Supervisor McKillop and
unanimously carried, authorization was granted to purchase guardrail for both sides of
the Skyway at Magalia Dam and installed by county forces; and approved transfer of
$16,500 for materials only from road reserve.
75-1775 DISCUSSION: FLOOD INSURANCE CERTIFICATION
C ay Gast a rry, Director o Pu :c o s, stated he was still waiting
for the Flood maps; he has been receiving a lot of cal Is regarding this item. He
would suggest that the Board write a simple letter regarding this matter, the maps
should be returned to the County. Mr. Castlobeny to send out simple form letters •setting
out "No probability of flooding"for limited number of FMA funding requests.
751776 APPROVE MODIFICATION TO COOPERATIVE AGREEMENT FOR COMPREHENSIVE
TRANSPORTATION PLANNING FOR CHICO URBAN,AREA
(b3gvest as een received for extending comp etion date of Chico urban
area transportation planning study to February I, 1976. City of Chico has approved
this request and Caltrans is also in agreement.
On motion of Supervisor Richter, seconded by Supervisor Cameron and
unanimously carried, the Board approved the modification of cooperative agreement
for Chico urban area comprehensive transportation planning study which extends
completion dote to February I, 1976 and authorized Department of Public Works to
sign .
75-1777 REPORT BY SUPERVISOR MADIGAN: MEETING fN;REDDING WITH CORPS OF ENGINEERS
Supervisor Ma igan reporte tat a attended t e Corps:of Engineers
meeting in Redding. They announced new rules by which they will be governed. Their
domain has been enlarged; they will be over all waters. This was a mandate from the
Federal Judge. Umbrella regulations will be issued in this matter. There will be
definite ground rules for the lumbering industry. TheCorps will be regulating logging
roads. EZeport discussed; no action taken.
75-1778 DISCUSSION: PAYMENT FOR 1975 WATER ENTITLEMENTS: COUNTY COUNSEL
TO CONTACT REPRESENTATIVE IN SACRAMENTO
Dan ac stoc ,County Counse , exp a:ne his thinking regarding payment for
1975 water entitlements. His reaction is contrary to the Auditors decision . His concern
is that if the County does not pay the charge, the County will be under default of the
contract. Page SIO. "
October 21, 1975
Q4tQbgr 21~ 1975
October 21~ 1975
Bill Lawrence, County Auditor, explained his thinking about paying
this entitlement under protest, i-fe did not think this was a legal charge to the County.
Supervisor Madigan said he thought the County was going to get together
with the people in Sacramento for some adjustment. Mr. Biackstaek stated thot
they era studying the problem. The County is working to affect some type relief.
Mr. Lawrence feels that the contract itself is illegal. His position is that
he will not issue a warrant until he ge#s a court order to do sa. Supervisor Madigan
felt it might be well to get hold of our assemblyman and senator to push this matter.
Mr. Lawrence said the County could inform the State that the County is holding the
money and it is being impounded. lie did not feel that the County should pay for the
water that is flowing down the river.
County water rights should be retained; that is very important. Matter
of court action discussed.
Chairman Ladd said what he would like to see is for theCounty to pay
this under protest with the intent of this Board to go to Court if cannot work things
out. In the meantime, the County should get active in getting some relief.
Supervisor Madigan suggested that the matter be put over one week and that the
County contact it's representative in 5acromento to see if something can be worked
out.
It was moved by Supervisor McKillop, seconded by Supervisor Madigan and
unanimously carried that Dan Blackstock, County Counsel, be directed to contact the
County's representatives in Sacramento, as suggested by Supervisor Madigan, and that
this item be put back on the agenda for next weele+sfor action.
75-1779 BID OPENING-BUTTE COUNTY SERVICi: AREA NO. 26 SEINER BONDS
One id was received r t e purc ase a Butte County Service Area No. 2b
sewer bonds. A~bid was received from U.S. Department of Agriculture, Fanners
Home Administration, for purchase of the X808,000 Series B bonds, at an interest
rate of 5% per annum.
Bid referred to County Counsel for preparation of proper resolution.
ltECB55: (0:30
Reconvene: 1Od50-
75-1780 DISCUSSION: GROUP OBSTETRICAL CARE PROPOSAL FOR THE CHICO AREA
Dr. Ea1oe stated that he has submitted a letter to the various hospitals
throughout the county regarding the OB problem. After doing so, he submitted a
memo to the Board with various alternatives that he has been able to come up with.
Dr. Enloe stated that the only written response received was from the Oroville
Medical Center Hospital. A copy of Chia letter was given to the Board.
Dr. Enloe outliaed his memo to the Board, and discussed the alternatives
he had suggested. He commented oa the proposal regarding the four doctors in
Chico. Dr. Enloe felt that if this Stns done, it would unfair Co the other h0apitela
in the County. Ile felt that either vay, .soaaeone_ would be left out.
._
Page 311.
October 21, 1975
f"~
C___________¢:11C L-6~~Y~T.~~Y~Z"T~CC~.-~~~~~... ...~==¢~CC
Dr. Enloe discussed the various alternatives which included direct
subsidy of the OB care to be done before November 1; operating prenatal clinics
for women up to the seventh month, then turning the patient over to a private
physician; providing obstetrical care for Medi-Cal patients in physicians'
offices; Butte County to become a prepaid health plan; direct subsidisation of
the Medi-Cal obstetrical payment schedule; and a county operated facility.
Dr. Enloe discussed the drawbacks of the various proposals, also stating that
the figures used, such as $37,50 per hour for a physicians, are estimates as
there was no time to check to see if Chis would be close to being acceptable.
Supervisor Richter questioned regarding the prenatal clinics. He
felt this would be vary expensive and not practical. Dr. Enloe stated that if
it was dust one clinic, it would not be. However, they propose to combine the
existing two clinics with the proposed one which would lower the cost. Dr.
Enloe stated that the great expense was in the overhead.
Supervisor Richter felt that the prepaid health plan (PHP) was as
interesting concept. He questioned as to whether alI Medi-Cal recipients would
automaticallq be signed up or if they would have to be signed up one by ans.
He feels it would be a good proposal if it was automatic and he would Iike to
have the Board investigate the proposal. Dr. Enloe stated that there have been
pilot programs regarding this but does not have the results.
Mr. Nickelson stated that the Board had investigated this proposal
in regard to the county hospital and had found it was not feasible. Dr. Enloe
felt this wsa a different situation as it would be limited to Medi-Cal only.
The trouble would come from removing this limitation to allow indigents or other
groups.
It was stated that the grenatal clinics and OB patients in physicians'
offices, proposals C and D, are being tried in Alameda County and has been done
for about one year. It was stated that Alameda County has also received other
funds. Discussion of these funds.
Dr. Enloe gave the Board copies of a letter from Wade Williams of the
Department of Health with the State. He discussed the comments made in the
letter.
Supervisor Richter stated that he does not agree with Mr. W111iems'
comments. Supervisor McRillop stated thaC the taxpagers are alzeady paying for
this medical care and that something should be done to see that the care is
delivered.
Supervisor Cameron stated that the Medical Access committee is to
meet ;tomorrow and he Eels a subcommittee should be appointed to study these
and any other proposals available. One plan that should be considered is in
use in Eugene, Oregon. Dr. Enloe agreed with this approach to the problem.
He stated that something moat be done as thsee vomea recently had babies sad
had had no prenatal care. He stated that the information presented today will
be available to the subcommittee phea it is appointed.
75-1781 APPEAR41QCB: BARBARA soYI.L
Mrs. Boyle stated that she is co-chairman of the Medical Azcess Committee
and that they plan to appoint Che subcommittee tomorrow at their meeting.
Pace 3i2.
October 21, 1975
October 21, 195 _
CCC COCCC CT. C ~J:S~~'. FCtCC ~„C~,~~.e {C C.-A C.:.. ~- SCCC C i" C
75-17E3p APPEAiiA23CE;-MRS.- NAl~ AE DiJR EAPL08ION
4Sra. Mann stated that she had several questions as to what the explosion
was about and she was concerned that it might trigger another earthquake.
5upervfsor McR311op stated that Mr. Johns from DWR was present and would explain
the matter.
75-17,83 APPEARANCE: PHIL JOINS OF TFIE DEPARTMENT OF WATER RESOURCES
Mr. Johns explained that after the August 1 earthquake, a group of
seismic axperta met to discuss the matter. Oae of their recommendations was that
a timed chemical explosion should be done to calibrate the earthquake farce.
He explained that this would allow the seismic experts to find the actual fault
and how it lies. A11 the seismographs in the area will be checking on this at
the same time. This information to be gained is very important to the future
study and analysis of the earthquakes in the region. Thin operation has been
done many times before in different areas.
Mr. Johns stated that the explosion would not cause an earthquake
and that if there should be one, it would be coincidental. He explained that
this explosion will be done approxfmately 1~ miles northwest of Palermo,
off of Baggett-Railroad Avenue. There are few residences in the area and the
shock should be felt in an area approximately i, mile in diameter. This will:--
be an underground explosion and will probably take place on Thursday. It was
originally scheduled for Wednesday at 1:00 a.m. but had to be postponed, hopefully
for only 24 hours.
75-1784 APPEARANCE; TOM MCCAMPBELL RE DUMP FEE CHANGE; APPROVE FEE OF $3 TO BEGIN
NOVEMBER 1
Mr. McCampball, attorney representing various solid waste collectors,
stated that his clients would like to have the Bcard hold the line at $3 and
not raise the fee to $5.
Supervisor Cameron asked if Mr. McCampball had specific figures on
what the increase would mean to the consumers. Mr. McCampball did not.
Supervisor Richter stated that he feels the taxpayers are subsidizing
the commercial operations and he doesn't feel this is right. He also feels that
if there is an increase, people would find alternates to dispose of their trash.
Mr. McCampball stated that he would like to have additional time to
discuss this matter. At this time, they are requesting that the Board hold the
line at the $3 fee,
Supervisor McRillop felt a study should be done on this matter as he
feels it was an arbitrary position to make the fee $5. Supervisor Richter
disagreed with this. Discuaeion.
On motion of Supervisor McKillop, aecanded by Supervisor Madigan
and carried, the recommendation of $3 was accepted beginning November 1, with
a study to be done by January 1 on the matter of fees and having the garbage
operation pay for itself. Voting: Ayes: Supervisors McKillop, Cameron and
Madigan; Noes: Supervisor Richter and Chairman Ladd; Absent: None.
75-1785 APPEARANCE: MRS. BLAIR ALSTdN RE TESTING OF DWR
Mrs. Alston queationad who had jurisdiction in this matter, County
Counsel stated that the County has no authorit is the matter,thaC it is.a .....,.
_ , _. .,t,gr "Zf~3975
.. ....... .....state controlled tter„
Pose 3l3.
~>
CCT. lC......-~-CC CCS~L ~rLIa~W FL"-~ ___ _ ____ TCL"CC C'
7$-1786 APPEARANCE: ED JOBDTSON. CIiICO
Mr. Johnson stated that he hoe a garbage collection business. He
does not disagree with the fee change but the method 'by-which it is charged.
Mr. Johnson explained that he feels a fee based on the yardage of a truck would
be more equitable than a fee based on each truck or on the weight of the truck.
He explained the figures he had worked up on the mattes. He stated that it
would take approximately seven cents to defray the cost of the increase in fees.
75-1787 APPEARANCE: WILLIAM CROWDER
Mr. Crowder stated that he operates the Crowder Rubbage business.
He feels that the fee increase is fair. He stated that the cooneercial haulers
enJay the lowest rates of many counties. He is ready to absorb the costs.
75-1788 APPEARANCE, ORRIN STRATTON
Orrix: Stratton, Butte County,Taxpayers Association, stated that he
agrees with Supervisor Richter that the higher costs may force people to find
alternate methods of disposal for their garbage. He also agreed that Mr.
Johnson's idea of basing the fee on yardage is a good one. Mr. Stratton discussed
the possibility of franchising. He doesn't feel this is the way to go.
Recess: 12:05
RECONVENED: 1:30 p.m.
Present: Supervisors Cameron, Madigan, McKillop, Richter and
Chairman Ladd. Clif Mickelson, Administrative Officer,
Dan Blackstock, County Counsel, Brian Rix, Depufy
County Counsel, and Clark A. Nelson, County Clerk, by
Margie Catt,'Board of Supervisors Clerk.
Mildred Jenks, Court Reporter, also present.
75-1789 APPEARANCE: PERSONS SUBPOENAED RE NOTlCESOF VIOLATIONSON PROPERTIlES
IDENTIFIED AS AP 61-07 VARIOUS, AP b2-52 VARIOUS AND AP 62-53 VARIOUS.
Chairman Ladd called the meeting M order and_stated a was going ro turn
the meeting over to County Counsel to conduct the questioning of the persons that
have been subpoenaed by the Board. Dan. Blackstock, County Counsel, stated that
four persons had been subpoenaed to appeor today; jurisdiction for such action set out.
The basis for this hearing explained; Bloomer• Mountain land divisions are in question
at this time. The Board has before it proposed reoFganization and rewriting of Chapter 20
of the Butte County Code.
The Board members that had made the motion to subpoena these people
are interested in allegations made during the hearing held at a previous date. This
relates ro low enforcement matters. He said he would like to make it clear relative
to the people that were subpoenaed, that this Board is not making any legal or criminal
charges today. They are here today to find out the facts.
Mr. Blackstock called Mr. Donald Mann at this time. Tina Sedor •asked
if she could 6e heard at this time. She was told sho would be given an opportunity ro
speak later in the meeting. page 314.
October 21, 1975
n r~
_________________~4~~eC~tls7~==-=___-____-____
Donald Mann, No. I Mann Avenue, Oroville, was swum by the Clerk
and gave testimony. Mr. Blackstock stated he would ask a series of question and then
would open up the questioning to the Board members.
Mr. Mann stated, upon questioning by Mr. Blackstock, that he was a
consultant for Golden Nine Incorporated; he explained what he does for the corporation.
Upon questioning by Mr. Blackstock, Mr. Mann stated that he has no comments
to' make on these transactions. Mr. Blackstock continued his questioning of the witness.
The witness continued stating he had no comments to make in answer to the questions
asked by Mr. Blackstock. Mr. Blackstock -exprdined that if Mr. Mann took the attitude
that he would not answer any question asked of him, then it will 6e up M the Board to
proceed to Superior Court and cite him for contempt. Mr. Monn maintained he had :moo
comment to make.
Mr. Blackstock asked Mr. Mann if he invoked the Fifth Amendment; he stated
he would take the 5th amendment to any questions asked of him conceming the land
divisions.
Mr. Blackstock asked Mr. Mann if he knew Mr. Vinyard. He stated he
did know Mr. Vinyard; Mr. Vinyard had written a letter to the Board that started
this whole proceeding. Mr. Vinyard alledgedly had made threats on Mr. Mann`s life
and on other people's I Ives.
Mr. Blackstock continued his questioning of Mr. Monn. Mr. Mann commented
on his telephone wnversation with Deputy Sumner. Mr. Sumner had stated that someone
had signed his name an a statement and it was notarized. The Notary was Pat Hardy.
Mr. Mann took the 5th amendment concerning questions asked by Mr. Blackstock
conceming men whose names are involved with the land divisions.
Mr. Mann stated that he did know Miss Seeman; she was an officer of
the Golden Nine Corporation; she has now resigned From such position. Mr. Mann
stated that he had told Miss Seeman to go to an attorney and he offered to pay her
attorney's fees.
Brian Rix, deputy County Counsel, questioned Mr. Mann at this Fime.
He showed some pictures to Mr. Mann and asked him to identify them. Mr. Monn
refused to identify the pictures, on the 5th amendment. Pictures entered as
Exhibit No. !. Parce[ plat entered as Exhibit No. 2.
Mr. Rix asked Mr. Mann about the meeting held with the Planning Commission
yesterday. Mr. Mann stated that his home has o D $ R filed upon it; notice of violation
hms been filed.
Mr. Mann excused at this time.
Officer Robert L. Eastham; 1550~d gve.,Oroville, called. Officer
Eastham was represented by Paul Minasian, attorney at low. Mr. Blackstock
questioned Officer Eastham conceming his acquaintance With Gary Fry. Gary Fry
had purchased five acres on Bloomer Mt. Mr. Fry asked Officer Eastham if he would
be interested in hail of this acreage. Mr. Fry deeded 2~~acres to Officer Eastham.
Officer Eastham explained that when Mr~a9r~~~Iowed hle property to be foreclosed on,
October 21, (975
f ~ ~
October 21,_1975
and Officer Eastham stated he lost this 2~ acres as he wuld not finance the costs
when Mr. Fry's property was foreclosed on. He sta#ed he had signed a quit claim
deed but he did not know who the deed was ro. Mr. Fry had told him how he could
get the property out of his name. Mr. Chames gave him a quit claim deed for his
signature.
Officer Eastham sworn in at this time. He stated his answers would have been the
same as though he had been sworn from the beginning.
Mr. Blackstock asked Mr. Eastham ro exptoin, ro the best of his memory,
what was said between Gary Fry and himself regarding the property. Officer Eastham
said that Mr. Fry was leaving town and Mr. Eastham told him that he could not see his
way clear ro buy the property. Mr. Fry advised him to see Mr. Mann and get the property
out of his name. Officer Eastham stated he went #o Mr. Mann's office but he was not in.
Mr. Chames was in the office and he gave him a quit claim deed. Officer Eastham said
he signed the quit claim deed in blank.
Mr. Blackstock asked Officer Eastham if he had had any wnversation with
Mr. Mann. Officer Eastham said "Yes"he had; Mr. Mann had called him and then he
went by Mr. Mann's office. Officer Eastham said he was angry and that Mr. Mann was
very apolegetic and rol him that he was not involved in any illegal land splits. Officer
Eastham said he first met Mr. Mann in 1971 or 1972; he was introduced to him casually as Gary
Fry's brother-in-law. He has never had any business relationships with Mr. Mann.
Brian Rix questioned Officer Eastham at this time.
Mr. Minasian questioned Officer Eastham about how he had became involved
in the property with Gary Fry. Officer Eastham explained how he had become involved
in the property.
Mr. Minasian stated he felt that the Board should make a statement concerning
Officer Eastham and his involvment in this matter. qt the time the subpoena had been
issued, Officer Eastham had people ask him if he was the officer involved in the illegal
lot splits and if he was the illegal cop, and other such derogatory remarks.
Officer Eastham excused at this time.
Jayne Seeman called at this time. Paul Minasian, attorney at law,
represented Ms. Seeman. M s. Seeman sworn and testified. She lives on Mitchell
Avenue, Oroville; she works for Butte County Library.
Mr. Blackstock questioned Ms. Seeman regarding Mr. Mann. lie questioned
her concerning her employment by Golden Nine Incorporated. Ms. Seeman was secretary-
treawrer. Mr. Blackstock asked Ms. Seeman if, on occasion, she served as notary
on land transactions, She stated she has notarized signatures; she did not know what she
had notarized.
Upon questioning by Mr. Blackstock, Ms. Seeman stated she bad received
payments from a Mr. Flolcraft for Mr. Mann and she entered such payments into his
payment book.
Exhibit No. 3 entered into evidence; a deed notarized by Miss Seeman.
She state~iznowledged this do~mgee ~~his is her signature.
October 21, 1475
~ ~
________________~~0~~~~9~~===_______________
Mr. Minasian stated that the same comments made regarding Officer Eastham;
requested the Board that at the end of these proceedings, if the $oard feels that she was
not involved in these proceedings, a comment should 6e mode of this fact.
Supervisor Madigan asked Ms. Seeman if she kept a record of the documents
that she notarized. Mr. Minasian stated that they have been able ro track down 6 of
the documents that Ms. Seeman had notarized. Mr. Minasian said he vwuld give the
Board copies of the documents that Ms. Seeman had notarized. Ms. Seeman no conger
notarizes documents.
Ms. Seeman excused at this time.
Mr. Blackstock called Deputy William A. Sumner. Deputy Sumner swum
in and gave testimony at this time. Raoul J. Leclerc, attorney at law, appeared as
attorney for Deputy Sumner. Deputy Sumner read a prepared statement setting
out the background of his involvement in this matter. Me has never seen the original
of any of the documents recorded; they are all forgeries. Permission was never granted
by Deputy Sumner far the use of his name of the documents.
Ak. Leclerc presented the original copy of the statement ro the Clerk;
statement received into evidence as Fxhibit hlo. 4.
Mr. Blackstock questioned Deputy Sumner regarding the documents that
bear his name. Deputy Sumner assumed that Gene 'Dill had signed his name on the
documents; he stated he had never received any compensation for the use of his name.
The only money he ever received from Gene Dill was for his employment as a carpenter.
Gene Dill had told Deputy Sumner that he had used his name on the Ward Blvd. land
division when Deputy Sumner confronted him about the matter. Deputy Sumner stated
he had never reported this matter to his superiors at the Sheriff's Department. Leo R.
Martin notarized the documents in question.
Deputy Sumner stated that when he learned that his signature was used
without his permission, he reported this ro his superiors. He was told to inform Mr.
Brooks of the District Attorneys Office.
Mr. Leclerc stated that if the Board was going to make inquiries of
Deputy Sumner about caw enforcement on Bloomer Mt., he has advised him not ro
answer any questions because there is a criminal matter pending. Todayf session
was to be an lotsplits only. Deputy Sumner is not prepared to answer questions on
law enforcement. Mr. Blackstock stated that he had advised the District Attorney that
these people had been subpoenaed; the District Attorney advised him that they had
no wncern with any questions that the Board might ask of these people. Fle had stated
that the Board had received an allegation during the Bloomer Mt. hearing from
Mr. Vinyard to the effect that Mr. Sumner was involved in the land split action.
Ele feels That the Board does have the right to make inquiries into the actions of the
deputies and the County employees. An employee has the right to request an
executive session if he so wishes.
Mr. Blackstock asked the Board what they would I ike to do.
Supervisor Richter said he would prefer a public hearing so they could
be prepared to testify, page 317.
October 21, 1475
~~
Mr. Leclerc felt he was unprepared today to handle questioning on law
enforcement activities.
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
unanimously carried, an executive session was set for Monday, October 27, (975
at II:30 a.m. regarding questioning of Deputy Sumner.
Mr. Blackstock stated he had no further questions of this witness.
Supervisor Cameron questioned Deputy Sumner concemi•ng title company
used. Deputy Sumner stated That Oroville Title Company had handled the documents.
For the record, Mr. Leclerc submitted copies of the deeds relating to
Deputy Sumner. Deeds received into evidence as "Exhibit 5".
Supervisor Richter questioned Deputy Sumner regarding his training as
a peace officer, Deputy Sumner stated he had been trained 6y Butte County Criminal
Training Center.
Chairman Ladd thanked Deputy Sumner for appearing at this hearing.
Tlna Sedor requested permission to speak at this time. Tina Sedor was
sworn in by the Clerk and testified. Mrs. 5edor stated that no where was there
any records that Shaw Jayne Seeman was involved in Land splitting. Her main
concern related to Jayne Seeman and with the Golden Nine Corporation. Mrs. Sedor
felt the Board owed Miss Seeman an apology.
Mr. Blackstock asked Mrs. Sedor a few questions at this time. The questions
related to land in Mrs. Sedor's name and related to the selling of property in this
Covnty. He questioned her about a deed that concerned Deputy Sumner. Mrs, Sedor
stated she had recorded the deed at the request of someone ease; the deed was in the
Home of T. L. Bell.
Deed received into evidence and marked "Exhibit A".
During further questioning by Mr. Blackstock, Mrs. Sedor stated that
Mr, Mann had requested that she not answer any further questions.
Mrs. Sedor excused at this time.
Mr. Minasian reminded the Board of the requests he had made regarding a
statement in relation to Officer Eastham and Jayne Seeman. Chairman Ladd stated that
the Board had heard na statements that were incriminating to these two people and
that a statement would be issued at o later time.
RECESS: 3:40
RECONVENED: 3:50
75-1790 PUBLIC HEARING: PETITION FOR A VARIANCE TO ALLOW A MOBILE HOME ON
PROPERTY LOCATED AT 4115 FOOTHILL BLVD. OROVILLE BY REGINALD STEVE NS
T e pu ie earmg on t e peh ioti r a variance to a ow a mo i e ome on
Page 318. October 21, 1975
~ ~
-------------=--==Qcr~r_2~,J27~===-__~~~~~~_--__
property Jocated at"4115_ Foothill Blvd.,_Oroviile.6y.Reginald Stevens was held as
advertised. Howard Toussaint, Health Department, reported this application had
been approved by the Health Department; the property is zoned A-3.
Hearing opened to the public. Appearing: Mr. Stevens, applicant.
Hearing closed to the public and confined to the Board.
On motion of Supervisor McKillop, seconded by Supervisor Richter and
unanimously carried, a variance to allow a mobile home on property located at
4115 Foothill Bfvd., Oroville by Reginald Stevens, was approved for a one year
period of time.
75-1791 PUT OVER ONE WEEK: REPORT ON CLAIM FILED BY JOHN M. COMPTON OF SAN JOSE
At t e request of County Counse , t report on c aim fi ed y Jo n M. Compton
of Son Jose concerning erroneous assessment of real property truces on behalf of Mrs. Pauline
R. Hopper was put over one week.
75-1792 APPOINTMENT ITEMS PU T OVE R ?O ICE WEE K
Appointments to nta Heat Adv+sory Board and to the Alcohol
Advisory Board and Technical Advisory Committee on Drugs was put over one week.
75-1793 DISCUSSION: INPUT TO 7HE R.C.R.C. SEMINARON SELF INSURANCE AND
COST REDUCTION THROUGH RISK MANAGEMENT
pervisor Madigan state a requested t at this matter be put on the
agenda for discussion. He had received correspondence on the matter and he felt sure
the other Board members had also received this wrrespondence. The matter should be
discussed to determine if it was worth the money to attend the seminar. Seminar
discussed. !t was felt that the County paid dues into R.C.R. C. and someone from
there should make a report to the +iCmrrnty.
Supervisor Cameron asked Supervisor Madigan if AB 2450 could be discussed
at the R.C. R.C. meeting. This bill sets up health care, Loans could be made to
deserving medical students under the bill. Supervisor Cameron felt the Board should
support this bill. He felt a letter should be sent to ou~ssemblyperson urging support
of: the bill. Training of medical personnel discussed. It was felt that more classes
should be set up to provide more doctors.
It was felt the bill could be supported, but that an amendment be added
to the bill to increase medical training facilities for medical students.
It was moved by Supervisor Cameron, seconded by Supervisor Richter and
unanimously carried, that a letter of support 6e sent M our assemblypersons relating
to AB 2450, and that they intro dace legislation for the expansion of training facilities
for medical students.
75-1794 MATTERS PRESENTEp BY COUNTY COUNSEL
Mr. $ ac sto remin ed t e Board t at t is meeting was to be recessed to
next Monday, October 27, 1975.
Mr. Blackstock reported that in the case of the Society of California Archeology
Page 319. -
October 21, 1975
~~ ~
_________________4ctaber~~r1~17~====_===-=W~_~~=_
ua, the County of Butte, the County has prevailed. The County will not have to order
more extensive areheoligieal studies for an EIRon a proposed Stilson Canyon subdivision.
Mr. Blackstock reported that the County has Been served on a new case of W.
Linford Ward; it is a straight Writ• of Mandate relative to the sewers.
The Rice Growers have decided to drop their case on the 1971 assessments,
reported Mr. Blackstock.
RECESS: The Board recessed at 4:10 p,m. to reconvene on Abnday, October 27, 1975
at 9;00 a.m.
_h,~-~
Page 320,
October 2#, 1475