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Octobex 21~ 1380 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) 80- The Board of Supervisors-met at 9;00.a,ri~ pursuant to adjournment. ~ Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman 'Lemke. C1if Nickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board Pledge of Allegiance to the Flag of the United States of America Invocation by Supervisor Moseley 1651 APPROVAL OF MINUTES On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, the minutes of October 14, 1980 were approved as 1652 ESTABLISH CONTRACT POLTCX - UNiVERSTTY INTERNSHIP AGRELMEN'LS It was moved by Supervisor Dolan, seconded by Supervisor Wheeler that contract policy for internship programs through the University system be established and the Personnel Director be authorized to execute contracts and coordinate the internship programs. Supervisor Winston questioned the hold harmless clause in the contracts. Dan Blackstock, county counsel, stated that the county puts a old harmless clause in their contracts. It cannot hurt the county. He id nat know of any pro~ilems with the program. Jim Rackerby, personnel director, set out the background of the program. These are graduate students that obtain practical working experience. There have been requests to~place. undergradutates in the intership program. The Welfare Department has them. Generally these are graduate students. There are usually no more than ten or twelve of these programs. Vote on motion: AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke NOES: None Motion carried. 1653 1654 1655 DECLARE DISPOSAL OF SURPLUS PROPERTY - WRECKED DUMP TRUCK On motion of Supervisor Dolan, seconded by Supervisor Winston and unanimously carried, a three yard dump truck „ county X6152, was declared surplus and cannibalization for parts was authorized. AUTHORIZE ANNUAL '1 HAN5YUKr,tirlvLV linv~i.vrr~avL nix ~~L+.~ +-....,.,....-~ On motion of Supervisor Moseley, seconded fiy Supervisor Wheeler and unanimously carried, the Administrative Officer was authorized to sign the annual transportation development act audit proposal with Slover, Roster and Lotspeich to perform the audit-gat the same rates stipulated in their current contract at a r;naximum cost of $1,700 payable from SB 325 funds. AUTHORIZE IMPLEMENTATION OF ADDITIONAL FEE IN RECORDER1S OFFICE FOR MICROGRAPHICS On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, implementation o~ an additional fee of $1.00 'for filing every instrument, paper or notice of record in the Recorder's Office in order to defray the cost of converting the Recorder's document 'storage system to micrographics•~was authorized to be effective November 3, 1980. Page 325. October 21, 1980 October 21~ 19.80 80-1656 APPROVE LICENSING OF F'OSTER'FAMTLX HOMES' CONTRACT '~ On mntion of Supervisor 2loseley, seconded by Supervisor Wheeler and unanimously carried, the contract with. the State Department of Social Services for the licensing of foster family homes in the amount of $66,272 with no county match requirement was approved and the Chairman authorized to sign, 1657 PROCESS FOR GOING TO BTD ON TWO PARCELS FOR SALE OF T'1iE CLARK ROAD DUMP SITE Discussion of sale of the Clark Road dump site held at this time. Clif M3.ckelson, administrative officer, stated his office had spent a great deal of time on this matter. They are getting into a position of possibly having an ETR and engineering for the proposal. Originally, their office had proposed that the entire parcel fie sold as one parcel. There was originally interest in purchase of the property as one parcel. Chairman Lemke stated that some of the adjacent property owners had contacted him relative to purchase of that area that backs up to their property. Ron Knauff felt the interest from the property owners was there if it is practical for the Board to allow the purchase Ty the progerty owners. The ,owners would like to merge this property with their existing property. Dan Blackstock, county counsel, stated the county was going to file a subdivi~on map. He felt that if the Board were interested in only two parcels something could be worked out. He felt the county could avoid going the parcel map process with two parcels. There is a legal description on the property. This property is disected by a county road. It is one thing to subdivide and another to sell two good size parcels. The people who purchased the property could then divide it if they desired to do so. The property owners will have to take a risk when this matter is put out to bid. ,Mike Pyeatt, assistant administrative officer, stated the proposal was to either sell the property .as one piece or divide the progerty nn the west into two parcels and that cost would be about. $5,000. The property is zoned "A-5" zoning on the west and "A-40" on the east. On motion of Supervisor Dolan, secnnded by Supervisor Winston and unanimously carried,the process is to be started for selling the Clark Road dump site by going to bid on two parcels, one on the west side and one on the east side. "1~S$'~DISCUSSION AND POLICX DIRECTION RE: PUBLIC DEFENDER SERVICES - CONTINUED TO OCTOBER 28 19$0 Discussion and policy direction regarding Public Defender services was continued to October 28, 1980. 1659 APPROVE BUDGET TRANSFERS On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, the following budget transfers were approved: B-26 - Board of Supervisors/Public Health.. Transfers $24,000 from the membership account in the Board of Supervisors budget to contributions to other agencies in the Public Health. General Services budget. The purpose of this transfer is to place the donation':.to-the Northern California Emergency Medical Care Council in the Public Health budget ~o qualify it for partial reimbursement under the Public Health expense under AB 8 which has historically Teen a part of the Health budget. Page 326. October 21, 1980 October 21, 19.80 aa- a 1660 1661 1662 1663 16641 B-27 -- Su 1~ ementai Manpower Program ~ CETA Administration. Increases the appropriation in CETA Administration in various accounts totalling $240.,344 to cover the costs of upgrading computer equipment and openingt.rainng centers in Chico and Oroville as approved by the Board of Supervisors on September 16, 1980; minute order 80-1405. Funding is provided from federal aid - manpower program. PUBLTC HEARING DATE~SET The following public hearing dates were set for November 18, 1980 at 10:00 a.m.: 1. Betty Anderson petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 56-07-33, Box 112F, Cafiasset Stage, Chico area. Zoning: "TM-S" 2. Alice Bamford petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 25-17-050, Route 2, Box 2417, Cox Lane, Palermo area. Zoning: "A-5" APPROVE VARIANCE RENEWAL - GRACE BURLE50N On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, the variance renewal to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 40-14-60, 1637 Durham-Dayton Highway, Durham area, zoning: "A-5" fox Grace Burleson was approved. APPROVE VARTANCE RENEWAL - LOUISE MC NALLY On motion of Supervisor Wheeler, seconded by Supervisor Moseley and unanimously carried, the variance renewal to Sections 19-10 and/or 19--12 of the Butte Countiy Code for placement of a mobile home on AP 44-33-093, Route 5, Box 654-L, Mort Lane, Chico area, zoning: "A-2" for Louise McNally was approved. APPROVE TREASURER-TAX COLLECTOR ITEMS On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the following action was taken: 1. Authorized request for penalty relief for Judith M. Solinksy for AP 40-45-006. 2. Authorized request for penalty relief for Cheryl L. Dussault for AP 48-35-002. 3. Denied request for penalty relief for Linda K. Smith for AP 51-12-96. REPORT BY PUBLTC WORKS DIRECTOR ON STATUS OF HOUSE NUMBERING PROGRAM Clay Castieberry, public works director, set out the status of the house numbering program at this time. He set out the map. They are aTiout 9.9 percent complete in the yellow area. In the unincorporated area of Paradise they are about 40 to 50 percent complete. They are trying to make the Chico system closer to the system of the City of Chico as the property will be annexed to the city. It works differently from everyone else. The central point is from Chico Creek. There are great problems in the axes east of Oroville from a route and box system. They hope to set up a quadrant system that will work so the addresses do not have to be changed more than one time. The central point from the City of Oroville is-the Feather River. This leaves space between the Feather River and Highway 70. Some of the numbers get larger going south. They. may have to go up to the city limits and go around them. Page 327. October 21, 1980 _ _ October 21, 1480 80- The-City Council of Gridley voted to go to the grid system. This ~ program will be a continuous system. Everyone has complimented the system in the county. 1665 ADDITIONAL MATTER PRESENTED BY PUBLIC WORKS DIRECTOR Clay Castleberry, public works director, stated they had to postpone the bid opening for the inter--city bus system to November 3, 1980 because of the requirements for performance 5onding. 1666 ADOPT RESOLUTION 80-224 SETTING PUBLIC HEARING DATE FOA CONSIDERATION OF WILLIAM GALLTON - ABANDONMENT OF PUBLIC UTILITIES EASEMENT ON LOTS 72 ;, 73 AND 47, PARADISE PINES UNIT N0. 15 On motion o£ Supervisor Dolan, seconded by Supervisor Moseley and unanimously carried, Resolution 80-224 setting a public hearing date of November 25, 1480 at 10:00 a.m, for consideration of William Galliori abandonment of public utilities easement on Lots 72, 73 and 47, Paradise Pines Unit No. 15 was adopted and the Chairman authorized to sign. 1667 REPORT TO THE BOARD ON DARRELL DUENSING DENIED REZONE AND M. C. HORNING, JR. DENIED REZONE The following reports. to the Board were accepted for information: 1. Darrell Duensing proposed negative declaration and denied rezone from "A-10" (agricultural - 10 acre parcels) to "SR-1" (suburban residential - one acre parcels) that property located on the west side of North Graves Avenue at Butte Avenue, identified as AP 39-31-07, Chico. 2. M. C. Horning, Jr. proposed negative declaration and denied rezone from "A-2" (general) to "SR-3" (suburban residential - three acre parcels) that property located on the north side of.Bennum Road (Pentz Road), approximately 1-1/2 miles east of Clark Road, identified as AP 41-12-24, 24 through 32, 41 through 52, 57, 59 through 63, 68 through 70, 90 through 9.2, north of Oroville. 1668 ADOPT RESOLUTION 80-225 AUTHORIZING COUNTX COUNSEL TO FILE SUITS..^WITH RESPECT TO PROPERTY DAMAGE TO COUNTY VEHICLES, GUARDRAILS, ROADWAYS, STOP SIGNS, ETC. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, Resolution 80-225 authorizing County Counsel to file suits with respect to property damage to county vehicles, guardrails, roadways, stop signs, etc. was adopted and the~hairman authorized to sign. 1669 REPORT FROM SUPERVISOR WHEELER RE: REQUEST OF DAN AND CATHY JENKS TO HAVE ZONING INITIATED TO "R-3" FRO AP 044-33-0-016-0, PROPERTY LOCATED ON BURNAP AVENUE BETWEEN EATON ROAD AND LASSEN AVENUE, CHTCO - CONTINUED TO-0CTOBER 28 1980 The report fxom Supervisor Wheeler concerning the zequest of Dan and Cathy Jenks to have zoning Initiated to "R-3" for AP 044-33-0-016-0, property located on Burnap Avenue between Eaton Road and Lassen Avenue, Chico was continued to October 28, 1980. 1670 ADOPT RESOLUTION 80-226 IN "OP.POSITiON TO FEDERAL ENERGY REGULATORY COMMISSION LICENSE APPLICATIONS FOR ROCK CREEK AND CRESTA POWER FACILITIES Clif Nickelson, administrative officer, reported on the license applications. His office is somewhat concerned over what might happen. There has been at least one application by a governmental agency to acquire property owned by PG&E. His concern was that if an agency such as SMUD or someone else was to acquire the property, the county would have direct loses of property tax income. The best, they have been able to ascertain is that it appears the income from Cresta power facility. Page 328. October 21, 1980 80- 1671 October 21, 19-80 brings in about-$183;0.00 into Butte County in property taxes. The county receives $1 to $1-1/2 million from PG&E. These are. appraised by the State Soard of Equalization. Plumas County adopted a resolution of opposition to the acquisition of the Rock Creek Powerhouse. He asked that the Boaxd consider the possibility of adopting a resolution in opposition to acquisition of Crests power facility. Dan Blackstock „ county counsel, stated that PG&E holds a license and there is a provision for public entities to relicense. This is in litigation. The theory is that if th.e applications are totally equal the Federal Energy Regulatory Commission would give preference to the public agency. The problem lies not only in the taxes, Tint under Section 11A, Article 13 of the Constitution if a public entitg such as SMiJD, were to acquire title to the property in the county, i't would be subject to property taxes but any improvement to the property would not• be subject to property taxes. They would be afile to purchase under the federal action at a historical cost plus. Tf the public agencies were to prevail over PG&E there would be the argument of whetfier they should be paying the taxes as they should be. The other problem is that PG&E rates would increase, What would happen is that power would be taken off the PG&E power grid and in order for PG&E to replace the engrgy they would have to burn oil. The rates that are being paid would actually increase. On motion of Supervisor Winston, seconded TSy Supervisor Moseley and carried, Resolution 80--226 in opposition to the application f.or the Cresta power facility before the Federal Energy Regulatory Commission similar to the resolution adopted by Plumas County was adopted; the Chairman authorized to sign; and the County Counsel was authorized to file an appearance in the matter. AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke. ABSTAIDITNG: Supervisor Dolan. COMMUNICATIONS Ron Graves & Associates, Oroville. The engineers, on behalf of Lowell King, appeal the Advisory Agency's condition 4~9 (meet the requirements of the Butte County Fire Department) on tentative parcel map, AP .61-32-80, two lots, property located on the north side of Bean Creek Road and east side of Bald Rock Road at their intersection, Bald Rock area. Set for hearing November 18, 1980 at 10:30 a.m. Roy J. Pence, et al, Magalia. The parties write forwarding information with respect to proposed .development of Assessor's parcels 56-27-60 and 61 as a retreat - recreational resort and offer their comments. Referred to Planning Department. Estill P. Earls, Oroville. Mrs. Earls writes thanking the county for completion of paving on Concow Road. Information; no action taken. City of Oroville. The mayor forwards a copy of a letter from Marvin<D. Seers which. requests the placement of three speed bumps on Mission Olive Road in the south Butte County area. Referred to Public Works Director for answering. Service Employees International Union, ,Local 1622. The union forwards a copy of the affiliation agreement between Butte County Employees Association and SETU Local 22. Information; no action taken. Page -329. OctoTier 21, 1980 80- b 1672 1673 October 21, 19.80. Area Agency an Aging. The agency forwards information concerning a conference scheduled fox December 6, 1980 in Chico. Tnformation; no action taken. State Department of Water Resources. The department forwards information with xegard to the Depaxtment of Water Resources Suisun Marsh Plan of protection including the draft environmental impact report and request comments. Information; no action taken. U.S. Department of Energy. The department forwards a copy of a public notice on the proposed flood plain/wetlands action on the Cottonwood-Elverta ~~3 230-kilovolt transmission line rehabilitation proposal. Information; no action taken. U.S. Depaxtment of Labor. The department forwards its final determination with. regard to Audit 109-80-G0044-P1 on various CETA grants and advised of the appeal time frame. Referred to Personnel Director and instructed to file appeal. Cal Bachman, Chico. The engineer, on behalf of Darrell'Duensing, appeals the Planning Commission's denial of proposed negative declaration and rezone from "A-10" (agricultural - 10 acre parcels) to "SR-1" (suburban residential - one acre parcels) that property located on the west side of North Graves Avenue at Butte Avenue, identified as AP 39-31-07, Chico. Set for hearing November 25, 1980 at 10;00 a.m. ADDITIONAL MATTER PRESENTED BY SUPERVISOR DOLAN Supervisnr Dolan requested that the Administrative Officer provide a report to the Board relative to the cost and cause of the loss of vehicles in the Sheriff's Aepartment. She would like information about how many accidents and what the cost of the accidents were.for last fiscal year and this fiscal year. EMECUTIVE SESSION: The Board recessed at 9:38 a.m. to hold an executive session regarding litigation. RECONVENE: The Board reconvened at 10:19 a.m. following an executive session regarding litigation. No announcements to be made at this time. ADOPT ORDINANCE 2153: PUBLIC HEARING: BUTTE COUNTY P7.ANNING COMMISSION - DRAFT EIR AND AMENDMENT OF THE OFF-STREET PARKING REQUIREMENTS IN THE COMPREHENSIVE ZONING ORDINANCE (CHAPTER 24 OF THE BUTTE COUNTY CODE) The closed public hearing on Butte County Planning Commission. draft environmental impact report and amendment of the off-street parking requirements in the Comprehensive Zoning Ordinance (Chapter 24 of the Butte County Code} was held 'as continued. Bettye Blair, planning director, set out the background of the amendment. Earl Nelson, environmental review director, set out the background of the EIR. The text was not cfianged. RECESS: 10:23 a.m. RECONVENE: 10:24 a.m. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, having reviewed the contents of the draft Page 330. October 21, 1980 October 21, 1580 80- 5 1674 environmental impact report, the comments xeceived thereon, and the responses to those comments, the final environmental impact report was certified as having been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and the Butte County Environmental Review Guidelines. On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, finding that the project may have a significant effect on the environment in the areas of potential disturbances of archaeolog- ical sites, rare plants, and possible increases in storm water runoff into drainage systems resulting from required parking area construction; finding that the above-mentioned environmental impacts can and should be mitigated on a project-by-project basis, but sucFi project by-project mitigation is not possible in every case because no additional discretionary permits are needed for construction of certain projects. In such cases, the potential environmental effects might occur with or without the changes being considered in this action; finding that the alternatives to the project set forth in the EIR either offer no environmental advantage or do not accomplish the objectives of the project; finding that although there are significant adverse environmental effects associated with this project, there are overriding considerations which. justify project approval including: 1) The establishment of parking area requirements for various uses provides a benefit to the public in the form of reduced traffic hazards and congestion. 2) The parking requirements presently set forth in the Butte County Comprehensive Zoning Ordinance do not accurately reflect the needs of the various land uses within the growing communities of Butte County; finding the proposed changes to be consistent with the Butte County General Plan; and having found the above the amendment of the off-street parking requirements in the Comprehensive Zoning Ordinance (Chapter 24 of the Butte County Code) was agproved; Ordinance 2153 was adopted and the Chairman authorized to sign., PUBLIC HEARING: LARRY MCi~KINNEY - APPEAL OF ADVISORY AGENCY'S DENIAL OF NEGATIVE DECLARATION AND TENTATIVE SUBDTVISION MAP FOR MC KINNEY MANOR SUBDIVISION, AP 47-26-184, EIGHT PARCELS, PROPERTY LOCATED 327 FEET EAST OF HIGHWAY 99 AND l51 FEET SOUTH OF KEEPER ROAD, NORTH CHICO AREA The public hearing on Larry McKinney appeal of Advisory Agency's denial of negative declaration and tentative subdivision map for McKinney Manor Subdivision, AP 47-26-184, eight parcels, property located 327 feet eastoof Highway 9.9. and 151. feet south of Keefer Road, north Chico area was held as advertised. Clay Castleberry, public works director, set out the background of the appeal. This is immediately adjacent to the tentative parcel map the Board considered last week. He recommended that the map be approved and conditions be added. The condition on drainage was appealed last week and the Board required that the drainage be taken to the natural channel. Earl Nelson, environmental review director, settout the background of the negative declaration. The parcel map considered last week had fewer concerns than this project. The concerns are very similar. The main concern is drainage. This is within the area under study by the Planning Commission for zoning under the Chico Airport Environs study. He recommended a negative declaration. Hearing open to the public. Appearing: Cal Bachman, representing Mr. McKinney. Mr. Bachman stated he had no proUlems with the conditions on the map last week. He will be working with Pufilic Works on a permanent solution for drainage. Page 331. October 21, 1980 . 80- 3 October 21, 1980. ^ ^ Supervisor Dolan questioned Mr. Castleberry as to the resolving of the drainage condition. Mr. Castleberry anticipated there will b.e a proposal before the Board that will answer all the concerns before the final map is filed by the developer. At that time, his office will be dealing with one owner. On motion of Supervisor Wheeler, seconded by Supervisor Moseley and unanimously carried, finding the proposed project could not have a significant effect on the environment, a negative declaration was recommended. On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, the appeal of Larry McKinney was upheld and the tentative. subdivision map for McKinney Manor Subdivision, AP 47-26-184, eight parcels, property located 327 feet east of Highway 9.9- and 151 feet south of Keefer Road, north Chico area was approved; finding consistency with the General Plan; subject to the following conditions: 1. Submit road and drainage plans to the Department of Public Works £or approval and install the required facilities. 2. Provide 20 ft. radius property line returns at all street intersections. 3. Indicate a 50 ft. building setback line from the centerline of access road. 4. Street signs shall be provided by the developer at all street inter- sections per County requirements. (Submit 5 alternate street names for each street to the County address coordinator for approval of street names. 5. Construct full street section on cul-de-sac street to RS-3-B geometric standard. Minimum structural section to be 2" C and 8" AB, SC 250 prime, fog seal and 95% relative compaction. Submit design to County Department of Public Works for approval. "R" value determinations and other data may be required to support section design. 6. Provide monumentation as required by the Department of Public Works in accordance with accepted standards. 7. Street grades and other features shall comply with the Butte County Ordinances, design resolution and other accepted engineering standards. 8. Provide permanent solution for drainage. 9. All easements of record to be shown on the final map. 10. Meet requirements of Butte County Fire Department or other responsible agency. 11. Street lighting shall be provided in accordance with Butte County requirements, accepted design criteria, and recommendations of PG&E. 12. Pay off assessments. 13. Construct public road approach at intersecljon at access road and Keefer Road to 5-18 standard. 14. Provide an area fox wells and a lOQ ft. leachfield setback from those areas on each parcel. Page 332. October 21, 1980 80- b October 21, 1480. 15. Provide a 100-ft. leachfield setback a~'e~~a~r(~und existing wells either within the property ox within 100-fit, of the property boundaries. 16. Provide the-required useable sewage disposal oxen on each parcel. (Note: It may be.necessary to designate that the dwelling be constructed within the well setback area on parcel ~~4.~ 17. Drainage to be taken to the nearest natural drain. AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES: Supervisor Dolan PUBLIC HEARING: ARTHUR GRAFF -- APFEAL OF ADVISORY AGENCY~S CONDITION ~I1 (60 FEET OF ACCESS TO PUBLIC ROAD) AND CONDITION ~~2 (PROVIDE TRAVERSABLE ACCESS) ON AN APPLICATION FOR DETERMINATION, AP 58-15-48, ONE PARCEL, PROPERTY LOCATED 1/2 MILE NORTH OF HOFFMAN ROAD (A PRIVATE ROAD), WEST OF CONCOW ROAD, LAKE OROVILLE AREA The public hearing on Arthur Graff appeal of the Advisory Agency's condition 4~1 (60 feet of access to public road) and condition ~~2 (provide traversable access) on an application for determination, A AP 58-15-48, one parcel, property located 1/2 mile north of Hoffman Road (a private road), west of Concow Road, Lake Oroville area was held as advertised. 1675 Clay Castleberry, public works director, set out the background of the appeal. This property is near Camelot Subdivision, one to one and one-half miles off the county road using Hoffman Lane. There is no verification that the property owner can use the road. If the property owner can verify use, then the condition is met. A low water crossing is needed. There is physical access to the property and can be driven most of the time. Concow Road is just to the east of this area and is the principal access. He recommended that the property owner be required to work the conditions out someway. Hearing open to the public. Appearing: Jack McQuister. Mr. McQuister asked to speak for Mr. Graff .and Mr. Held, which will be considered later in the meeting. It was his understanding that the all weather crossing is being completed at this pointed. There was a court order that required one of the earlier developers to have the crossing completed by December 31, 1880. There is no legal access. There is nothing in the deed that says they 16 lots have legal access to use Hoffman Road. The only alternative would be for the 16 people to sue for easements across this property. He asked that the Board allow them to use the. road. Dan Blackstock, county counsel, stated the Board could not allow a Berson the use over private property. The construction of the crossing was a court settlement reached on the Culet matter. Mr. Castleberry stated that if the work is completed on the all weather crossing then the condition would be taken care of. Mr. Culet is getting permission for himself to use the road. If these property owners fiave the right to see the road and show the county that they have the right then the other conditioniis met, Hearing closed to the public and confined to the Board. Mr, Castleberry set out the location oi~the-parcel. Page 333, October 21, 1480 October 21, 1'380 80- 3 1676 1677 1678 1679 On motion of Supervisor Dolan, seconded by Supervisor Winston and unanimously carried, the appeal- of Arthur Graff of the Advisoxy Agency's condition 111 C60 feet of access to public road) and condition 112 Cprovide traversable access) on an application £or determination, AP 58-15-48, one parcel, property located 1/2 mile north. of Hoffman Road Ca private road)., west of Concow Road, Lake Oroville area was denied. RESCIND HEARING DATE SET FOR DARRELL AUENSING APPEAL OF DENIED REZONE AND RESET PUBLIC HEARING-DATE The public hearing date set for November 25, 19.80 at 10:00 a.m. for consideration of Darrell Duensing appeal of the Planning Commission's denial of proposed negative declaration and rezone from "A-10" Cagricultural - 10 acre parcels) to "SR-1" Csuburban residential - one acre parcels) that property located on the west side of Nortfi. Graves Avenue at Butte Avenue, identified as AP 39-31-07, Chico was rescinded and reset £or November 18, 1980 at 10:45 a.m. ADDITIONAL MATTERS PRESENTED SX BOARD MEMBERS Bettye Blair, planning director, introduced Charles Woods, new advance planner. Chairman Lemke referred to information relative to the 91i system to Purchasing Office for a report back. ADOPT ORDINANCE 2154: WAIVE SECONA READING OF ORDINANCE AMENDING CHAPTER 20 & 24 OF THE BUTTE COUNTY CODE REGARDING REGULATIONS AND CONTROL OF SUBDIVISIONS AND TO ZONING REQUIREMENTS On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, they second reading of the ordinance amending Chapter 20 and 24 of the Butte County Code regarding regulations and control of subdivisions and to zoning requirements was waived; Ordinance 2154 was adopted and the Chairman authorized to sign. PUBLIC HEARING: CLAUDIA NORMANDIN APPEAL OF PROPOSED NEGATIVE DECLARATION AND PLANNING COMMISSION'S DENIAL OF USE PERMIT TO ALLOW A FLEA MARKET IN AN "A-2" ZONE, AP 30-22-03, PROPERTY LOCATED ON THE SOUTH SIDE OF ORO DAM BOULEVARD WEST, APPRO}C. 500 FEET WEST OF 12TH STREET, OROVILLE The public hearing on the Claudia Normandin appeal of proposed negative declaration and Planning Commission's denial of a use permit to allow a flea market in an "A-2" zone, AP 30-22-03, property located on the south side of Oro Dam Boulevard West, approximately 500 feet west of 12th Street, Oroville was held as continued. Bettye Blair, planning director, set out the background of the appeal. The hearing was continued and the Planning Commission was directed to hear this matter with a new development plan. The Planning Commission recommended denial of the project. Earl Nelson, environmental review director, set out the background of the negative declaration. The project has been reduced from 20 to i0 booths and the parking was expanded. There were concerns including compatability with adjoining residents. A list of mitigation measures were attached and he recommended a negative declaration with mitigations. Hearing open to the public. Appearing: Jack Reeves, representing Claudia Normandin. Mr. Reeves stated the main issue to be decided is the size of the lot. There are large and small businesses. He felt the parking ordinance under consideration did not pertain to this application as it is not in effect. After operating a flea market for ten years the average person spends an average of 45 minutes at the Tausiness. The business Page 334'. October 21, 1980. October 21i 19.80 80-- 3 will be open on Saturdays and Sundays and Mondays if they are a holiday. The hours have been amended from 10:00. a:m. to 3:00 p.m. There are 39. parking spaces with ten selling areas plus a beer garden and snack bar. The map submitted was not to scale. Ms. Blair stated that Section 2~-43 of the Butte County Code allows the Commission to place conditions on a use permit. The off street parking standards are those that are recommended on all use permits and variances. The application form asks that the applicant provide a scaled drawing. Their office tries to work with developers realizing not all of them are mechanical draftsmen. It was unfortunate this map was not to scale. Hearing closed to the public and confined to the Board. 1680 On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, the appeal of proposed negative declaration and Planning Commission's denial of a use permit to allow a flea market in an "A-2" zone, AP 30-22-03, property located on the south side of Oro Dam Boulevard West, approximately 500 feet west of 12th Street, Oroville far Claudia Normandin was denied. RECESS: 10:53 a.m. RECONVENE: 11:08 a.m. REQUEST THAT DEPARTMENT OF WATER RESOURCES MAKE A FIVE YEAR FLOW STUDY ON THE FEATHER RIVER DURING THE MONTHS OF MAY AND JUNE RELATIVE TO AMERICAN SHAD: APPROVE PURCHASE OF FIVE HANDY TALKIES INSTEAD OF FOUR HANDY TALKIES FOR THE BUTTE COUNTY FISH AND GAME COMMISSION WITH THE PURCHASE PRICE TO REMAIN WITHIN THE AMOUNT BUDGETED FOR THE FOUR HANDY TALKIES Gene Mercer, Butte County Fish and Game Commission, spoke regarding the runs of the American Shad in the Feather River. Some studies have been made but have never been completed. He asked that the Board request the Department of Water Resources to do a five-year study on the flows in the Feather River. At that time, the commission would be able to come up with some recommendations. The Shad are in the river during the months of May and June. in the past, when the Department of Water Resources was requested to release more water they did not do so. Under their license, they .are mandated to maintain the fishery to the preproject population of the river. The majority of the Shad are below the ladder. On motion o£ Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the~epartment of Wate~tesources is to be requested to make a five-year flow study on the Feather River during the months of May and June relative to the American Shad. Mr. Mercer stated he had contacted the Purchasing Officer and has been told the cost of five handy talkies would be possible with the amount budgeted for the £our handy talkies in their budget. There is another game warden who will be in Butte County. He will be located at Oroville. He asked that the Board authorize the purchase of five instead of four handy talkies. On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the purchase of five handy talkies instead of four handy talkies was approved for the Butte County Fish. and Game Commission with the purchase price not€~.to exceed the amount budgeted for the four handy talk3:es. Page 335. October 21, 1980 October 21, 19,80 80_ 1681 APPEARANCE: CAL BACHMAN y Mr, Bachman spoke in opposition to pleasure A on the November ballot. He was concerned with the way the agricultural initiative reads. He felt they would not have a chance to come to the elected officials and be able to-say they do not agree. He felt strongly that farmland should stay. The initiat~;ve refers to the fact that for ten years there will he people making decisions that are not elected but appointed and have full control even over the Board. 1682 APPEARANCE: KATHERINE WHITNEY Mrs. Whitney spoke regarding Sacramento Avenue Assessment District. She felt the Board had taken an illegal actioa. On July 30, 1980 at the meeting with the Resources Agency in Sacramento it was determined that the negative declaration was defective and the county should have been required to prepare an EIR. Butte County stretched the statutes from 30 days to 450 days prior to approval of the project. Mrs. Whitney spoke regarding the verbal approval by the U.S. Army Corps of Engineers relative to the project. Upon inquiry she found that the Corps of Engineers had not gives the okay on the raising of the pipe 2-1/2 feet up the creek. She discovered the intent was not to raise the pipe 2-1~2 feet but to raise it three feet. This would bring the pipe out of the Corps of Engineers' jurisdiction. The residents have no alternative but to bring legal action. She did not feel that Big Chico Creek should be used as a drainage channel. She felt that this problem tied in with Measure A. Chairman Lemke stated it wasinte.restzig that"Mrs. Wkii.tney had tied Measure A in with the district. He was an opponent of Measure A and he voted against the formation of the district. ** Supervisor Wheeler stated that in 1972 the area was zoned for urban uses as tar as Gwen Avenue, The line held. At one time it was included in the city plan. The Board has not approved any developments in designated agricultural areas, only those designated urban on the map. Supervisor Dolan disagreed. There has been land use approved on agricultural land, She was still checking on the answers to the questions raised by Mrs. Whitney relative to the pipe. 1683 APPEARANCE: ANN SEYMOUR AND LEE LANEY Ms. Seymour spoke regarding enforcement or lack of enforcement of the handicapped parking. She was requesting enforcement of a blue curb ordinance. The committee has sent letters to the Police Chiefs in the cities and the Sheriff. They have been offering education of the blue curbs. The committee has not heard from the police departments. The Sheriff informed the committee that this matter is not in their juris- diction and tfiey should contact the heal police departments. She submitted copies of the California Motor Vehicle Code that deals with blue curb parking. There are Sheriff's vehicles parking in the blue curb parking spaces. There are not,,enough handiapped parking spaces in Butte County. They have received support from every agency that serves on their committee and many of the disabled individuals. She requested that the Board establish a blue curb ordinance. She is asking for enforcement of the existing laws. She hoped the Board would adopt Section A of the ordinance. Chairman Lemke stated that the Board could not speak for the city police departments. Generally speaking, the Sheriffs Department does not handle trafficc~in the county. The CHP handles the traffic. He did not know if the CHP handled parking. He agreed that Sheriff's cars would not be parking in these"~bnes: Page 336. October 21, 1980 i 80- a October 21, 1980 Ms. Seymour stated they had appeaxed before the Oroville City - Council. Thay did not received a good reception. She submitted liters. Lee Laney read a letter urging enforcement of a blue curb ordinance. He submitted the letter, The Board directed that letters be sent to the city councils. 1684 County Counsel to research the issue and find out if the fines imposed could cover the cost to maintain the blue curbs. PUBLIC HEARING: NUISANCE ABATEMENT PROCEEDING - BURNED-OUT HOUSE, AP 35-21-1-3, PROPERTY LOCATED ON THE NORTH SIDE OP GROVE STREET,_334 FEET EAST OF LINCOLN STREET OROVILLE The public hearing on the nuisance abatement proceeding on a ' burned-out house, AP 35-21--1-~3, property located on the north side of Groves Street, 334 feet east of Lincoln Street, Oroville was held as advertised. Howard Synder, environmental health department, set out the background of the proceeding. The dwelling was burned in April, 1978. His office has just recently this last year received an increase in complaints relative to the rat population. There are rats 3n the building. There is a considerable amount of debris in the yard. He requested that the Board declare this a nuisance. The owners of the property are deceased and his office has been in contact with the heirs of the property. The Public Administrator is handling this estate. Dan Blackstock, county counsel, stated the Board had authority to order the nuisance abated by the owner. The owner would have 30 days to do so and if they did not then the County would do the work and put a lien on the property. Hearing open to the public. Appearing: 1. Leroy Tatman. Mr. Tatman confirmed the report on the building. He has had a rat problem in his garage as a result of this property. He has put out five pounds of rat killer and is starting on the second five pound bag. This is a health hazard and an eye sore. 2. Jack Bartlett. Mr. Bartlett stated he owned the adjoining property. He confirmed what had been said. He has also been killing rats. He rents one house to a family with two children. He was concerned for the safety of the children. Hearing closed to the public and confined to the Board. 16851 On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, finding that a nuisance does exist on a burned- out house, AP 35-21-1-3, property located on the north side of Grove Street, 334 feet east of Lincoln Street, Oroville, abatement of the nuisance was ordered to be within 30 days. PUBLIC HEARING: NAOMI SCHILLING - APPEAL OF ADVISORY AGENCY'S DENIAL OF NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP, AP 22-202-01, TWO PARCELS, PROPERTY LOCATED ON THE NORTHEAST CORNER OF HASTING AVENUE AND AZEVEDO AVENUE, BIGGS-AREA The public hearing on Naomi Schilling appeal of Advisory Agency's denial of proposed negative declaration and tentative parcel map, AP 22-202-01, two parcels, property located on the northeast corner of Hosting Avenue and Azevedo~Avenue, Biggs area was held as advertised. Page 337. October 21, 1980 October 21, 19.80. 80- - Clay Gastleb.erry, public works director, set out the background 5 of the appeal. This was denied because it did not comply with the General Plan. Earl Nelson, environmental review director, set out the background of the negative declaration. There is a question of compatibility because of agricultural nature and surrounding parcel sizes, which are larger than these parcels. Tt could fie considered precedent setting. Bettye Blair, planning director, stated the consideration of the ordinance for segregation of home sites in agricultural areas is scheduled to fie heard before thePlanning Commission on October 29, 1980. This situation would fit the ordinance. Hearing open to the public. Appearing: .Tears Jackson, represent- . ing Mrs. Schilling. Ms. Jackson stated she felt the property should be allowed for segregation. Most of the parcels are smaller. There are 43 parcels, of which 21 are under five acres and l7 are between .16 and 2.98 acres. The primary problem is that Mrs. Schilling wants to separate her homesite from the agricultural land. She would like to retire. Hearing closed to the public and confined to the Board. Dan Blackstock, county counsel, stated the only way the Board could continue this hearing until the ordinance relative to segregation was considered would be if the applicant would submit a waiver of the 30-day requirement. On motion of Supervisor Moseley, it was moved to deny the appeal. Motion withdrawn. On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, the hearing was continued for 90 days to January 20, 1881 at 10:00 a.m. provided the waiver of time is filed. 1686 PUBLIC HEARING: CHARLES HELD - APPEAL OF SUBDIVISION VIOLATION COMMITTEE'S CONDITIONS ~~1 (VERIFYING 60 FOOT LEGAL ACCESS). AND CONDITION 4k2 (PgOVTDE TWO-WAY TRAVERSABLE ACCESS) ON CONDITIONAL CERTIFICATE OF COMPLIANCE, AP 58-15-50, 1,300 FEET NORTH OF HOFFMAN ROAD, WEST OF CAMELOT SUBDIVISION, LAKE CONCOW AREA The public hearing on Ghatles Held appeal of the Subdivision Violation Committee's conditions ~i1 (verify 60-font legal access) and condition 9~2 (provide two-way traversable access). on conditional certificate of compliance, AP 58-15-50, 1,300 feet north of Hoffman Road, west of Camelot Subdivision, Lake Concow area was held as advertised. Clay Castleberry, public works director, set out the background of the appeal. The same circumstances apply to this appeal as to the Arthur Graff appeal considered earlier in the meeting. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the appeal of Subdivision Violation Committee's conditions ~~1 (verifying 60-foot legal access) and condition X12 (provide two-way traversable access) on conditional certificate of compliance, AP 58-i5-50, 1,300 feet north,of Hoffman Road, west of Camelot Subdivision, Lake Concow area for Charles Iiel""~"was denied. Page 338. October 21, 1980 October 21, 1880 ~' 1587 PUBLIC HEARING: BOB. CARRELL - APPEAL Ok' ADVTSORX AGENCY'S DENIAL OF PROPOSED NEGATIVE DECLARATION ANA TENTATIVE .PARCEL MAP? AP 47-23-49, TWO PARCELS, PROPERTY LOCATED pN THE NORTH SIDE OF RTCHARDSON SPRINGS ROAR, TWO MILES EAST OF COIiASSET HIGHWAY, CHICO'AREA The public hearing on BoB Carrell appeal of the Advisory Agency`s denial of proposed negative declaration and tentative parcel map, AP 47-23-49, two parcels, property located on the north. side of Richardson Springs Road, two miles east of Cohasset Highway, Chico area was held as advertised. Lynn Vanhart, environmental health-director, presented a map of the area at this time. There is a conflict Between the land division and sewage disposal ordinances. The map that had been presented shows the highwater line of the creek and the 10.0-foot setback area. They have issued two septic tank permits for this property. The problem only exists in the "A-2" zones. Both systems are between S0 and 100-foot setbacks. Supervisor Dolan stated that physically the systems are there and meet the requirements because there is no division of the land. Now there is a request for a division and even though. the systems are existing, they do not meet the requirements for division. Earl Nelson, environmental review director, set out the backgroundoof the negative declaration. He recommended a negative declaration. There are two main concerns there axe archaeological sites an the property. Hearing open to the gublic. Appearing: Bob Carrell. Mr. Carrell stated he had originally contacted the Sanitation Department relative to four septic tank systems without splitting the property. He was then advised that he could not put four systems on one property. He had installed two systems and decided to split the property. He asked for a variance from 100-foot setback to 50-foot setback for replacement purposes only. The homes are existing as well as the systems. This land is zoned "A-2" zoning. It has no agricultural value. Supervisor Winston felt it was a practical suggestion that if two septic systems are functioning now and if there are no divisions they will stay there anyway. It seemed to him the application of reasonable- ness would dictate the exception should be granted. Hearing closed to the public and confined to the Board. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, finding the proposed project could not have a significant effect on the environment, a negative declaration was recommended. On motion of Supervisor Wheeler, seconded Tiy Supervisor Dolan and unanimously carried, the appeal of Bob Carrell was upheld; the exception under the provisions.: of the County Code was allowed; the tentative parcel map, AP 47-23-49., two parcels, property located on north side of Richardson Springs Road, twa miles. east of Cohasset Highway, Chico area was approved; finding conformity with the General Plan; and subject to tfie following conditions; 1. Verify legal access. 2, Access to Be reserved in ,deeds as per County Ordinance and offered for dedication on the final map. Page 339-. October S1, 1980 October Zl, 19.80 80- 3. Show 50-ft. building setback line measured from centerline of access b easement. 4. Provide road maintenance agreement, 5. Show all easements of .record on tfie final map. 6. Provide street name signs per requirements of the Department of Public Works prior to recordation of tfie final map. 7. Pay off any assessments. 8. Pay any delinquent taxes. 9. Meet the requirements of the Butte County Fire Department. 10. Existing well be shown with 100-foot setback and well site be shown on the other parcel with 100-foot setback. 11, No sewage disposal area shall encroach into areas designated as archaeological preserves. 12. A note to be placed on the map that no further divisions be allowed. RECESS: 12:22 p.m, RECONVENE: 1:32 p.m. 1688 REAPPOINT JOE BANDY AS AGRICULTURAL COMMISSIONER FOR A PERIOD OF FOUR YEARS .Toe Bandy, agricultural commissioner, set .out the memo regarding his request for a salary increase. He explained the position of Agricultural Commissioner, Air Pollution Control Officer and Sealer of Weights and Measures. The Agricultural Commissioner has the authority to adopt regulations for pest control in the county. His office is covered by various California Codes, All of them have measured performance standards. For at least two years, the Agricultural Commissioners in reference to pesticides has been required to sit as a hearing officer. He hoped that the memo gave the Board an insight into the responsibilities and qualifications needed for this position. Chairman Lemke stated he was impressed with the memo. He appreciated Mx. Bandy's ability to capture the language in terms a layman could understand. He understood that at the present time the Board will have some type of salary presentation for department heads in November. Jim Rackerby, personnel director, stated those were the instructions received from the Board and he will have a report to the Board in November. Mr. Bandy stated the change in his duties occurred in June, 1978 when he was appointed the Director of Weights and Measures He has assumed those duties as well as supervision of additional personnel. Clif Nickelson, administrative officer, stated that when the Board recruited to fill the position of Agricultural Commissioner, one of the requirements was that the person carry a sealer's certificate. It was discussed in depth. that the Agricultural Commissioner would become the Agricultural Commissioner/Sealer of Weights and Measures. Up until that time, the Agricultural Commissioner still controlled the Sealer of Weights and Measures. Page 340, October 21, 1980 i pctober 21, 1980 sD- 1689 Mr, Bandy stated the announcement alluded to a county-wide enforcement of agriculture and a weights and .measures program. It was his assumption that this was just the way they-were going to affect some under- standing of weights and measures. The Agricultural Code does not have any hearing on the weights and measures activities-. From 1947 to 1978 the State of California contributed $3300 for the Agricultural Commissioner. Effective July 1, 1978 the state contributed $6600 for the salary. At that time, he sent a memo advising of the allocation of money and he would like to discussion the matter with the Board. His feelings were that a person tends to accept the position for four years. At that time during discussion, if tfie person is unhappy with tfie salary they are usually told they knew what the salary was to begin with. He did not feel that the salary was appropriate or equitable for the requirements. He is very fortunate to have a tremendous staff. This is the key to any office. He has 25 employees on his staff. He will have a total of 27 employees' with the new pesticide program. There were 25 positions when he was appointed Agricultural Commissioner. Chairman Lemke stated he was of the opinion that it would be unfair to the other department heads to make a single adjustment at this time. He felt the Board could offer a reappointment for four years at the present range and reveiw the salary along with the other department heads. Supervisor Winston stated he was very satisified with Mr .. Bandy's services. He felt that the salary request must be considered with the other department heads. On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, Joe Bandy was reappointed Agricultural Commissioner for a term of four years. Supervisor Dolan asked about the process of appointment for the Position. Mr. Nickelson stated there were no promotions within the department. No one had a sealer's license. The applicants were screened. Mr. Rackerby stated the Board's decision was to combine the positions.- The recruitment was for both Agricultural and Sealer papers. The applications were screened by a committee and five candidates were referred to the Board. Mr Bandy was selected from those five applications. ADDITIONAL MATTERS PRESENTED BY CHAIRMAN LEMKE Chairman Lemke spoke regarding the letter received from the Butte County Law Enforcement Officers Association dated October 2, 1980. He asked what action the Board had taken. Supervisor Winston stated the Board could not meet with the Association. He will not debate the Association but would be happy to listen to any comments they might have. Supervisor Wheeler stated she had heard a comment from a deputy.. that he assumed the Board refused to debate the issue with the Association. Chairman Lemke stated that The Law Enforcement Officers Association was to be advised they are more than welcome to meet in public session with the Board at any time prior to the election and it is illegal to meet as a Board in a committee meeting. Page 341. Ocfober 21, 1980 October 21, 1980 *~r* 80- 1690 AUTHORIZE FILING OF SUIT ON TITLE XK_SOCIAL SERVICES FUNDS ~' On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the filing of a suit relative to Title XX Social Services funds was authorized. RECESS: 1:58 p.m. RECONVENE: 2:10_p.m. 1691 ACCEPT RECOMMENDATIONS OF WELFARE DIRECTOR RELATIVE TO WELFARE DEPARTMENT OPERATIONS AT CHTCO Tt was moved by Supexvisor Dolan that the Board hold a hearing in Chico during the evening relative to the Welfare Department in Chico if the Board is going to make any changes. Motion dies for lack of a second. Bob Crisan, welfare director, set out the background of the proposed changes for the Chico Welfare Office. He is requesting a change to allow the processing of AFDC and Medi-Cal. He is not proposing to close the office. There is field work necessary for processing the applications rather than taking applications. Prior to the opening of the Chico office is when an application was received, it was completed in the applicant's-home. Applications can be issued in the Chico office. The follow-up would be in the home of the applicant. The form would be completed by an individual and returned to their office. This would trigger worker review and appointment with the applicant in the home. He was proposing to continued the food stamp process in Chico. Also the Chico office would handle general assistance, emergency loans, SSI and SSP. The reason for the proposal is to stay within the money that is available.: Depending on the income for persons applying for Medi-cal, the person could be expected to come to Oroville. In other instances, home visits would be done. The worker will determine who will be able to provide transportation. In Chico there are about 128 to 150 applications per month. Hearing open to the public. Appearing: 1. Betsy Kruger. Ms. Kruger stated she was with SIRC. She works with only older people 60 years old and older. She was concerned with the comments in the memo relative to consideration would be given as to whether a recipient was self sufficient. That is not the main factor with the group she works with. Most are aged. They can no longer drive. Many times these people are totally alone. Many times these are people in convalescent homes. Many of these people cannot even attempt to complete the forms. Ms. Kruger was concerned that the Welfare Department would not mail out the application forms. One of her clients was advised the must come into the office. Their organization does not take people to the We1£are Department. She was also concerned regarding the re-evaluation and the iietermination of the worker as to whether there will be a home visit or office visit necessary. She hoped that the option of a home visit will be stated on the appointment papers. Mr. Crisan stated that aged individuals on 5ST and SSP are automatically eligible far Medi-cal. If an individual is in a hospkal or convalescent hospotal, there is a worker that visits these places weekly as needed that Firings in the forms and processes them. Medi-cal applications. can be mailed to thee~applicants. The date they mail the form might establish that they are committed to process the application within 30 days. They have made home calls, He felt that the people not in hospitals or on 5SI and SSP was explained in his memo. Page 342. October 21, 1980 ~- 80- 5 **~~ October 21, 1980 2. Dan Siegel, Legal Services of Northern California. Mr. Siegel was not sure whether he agreed with Mr. Crisan's comments. If what Mr. Crisan is saying is that he is guaranteeing that no Chico resident will be required to travel to Oroville, he felt that would be great and he would support that position. He did not feel that was what Mr. Crisan was proposing. He felt this was the same thing proposed three years ago. The problem is, it does not work. He felt that a worker in the field as opposed to a worker in an office would see about one-third as maMy people. He felt it was inef€icient. He felt that many people would be forced to go to the Oroville office. He felt the people that would be forced--to travel to:Oroville would be the ones with the immediate need. He did not think these people should have to travel to Oroville. The reason for asking that the Chico office be established was so that people would not have to travel to Oroville. Discussion of the organizations that provide help in filling out forms held at this time. program. Mr. Siegel stated that there is help with the food stamp Mr. Crisan stated there are presently four workers in Chico who do nothing but screening. This does not provide a completed application. The state pays the county according to the applications processed per worker. They must process 29 cases per worker. With the workers in the field, they will be able to complete the applications. By assigning four additional people in the field the office can increase the applications processed to about 172 applications per month'in addition to what is already processed. There would be 100 percent home calls on applications. On the re-evaluation he would like to keep both the .home calls and office calls. He has less employees than in 1977. 3. Calleen`Nichols. Ms. Nichols works for Welfare Rights Organization. Ms. Nichols stated older people are not the only people having difficulty filling out the forms. She submitted a farm at this time. The option of a home visit is never given to the people with children and no car. 'They have to travel to Oroville. Their organization is not able to help people fill out the forms. She felt the responsibility was with the Welfare Department. --;.g, Memeo Keswick, Concilio Mexicana. Mr. Keswick was concerned with organizations helping clients fill out the forms. They are not trained to fill out the forms. He felt it took continuous work to get matters taken care of. He did not feel that the people understood the system and that is why they foxget documents necessary. He would like to see the Chico office providing 100 percent services, There is no bi-lingual worker in Chico. 5. Jennifer Imes, STRC. Ms. Imes did not feel that people on low social security should be punished and the benefits derived difficult to obtain. She felt this was the case for older people being required to travel to Oroville from Chico. She was aware of a case where a person was not SSI and received a medi-cal card. This person has to pay $10 per month for the card. She only receives the card when she needs it and therefore has to reapply every time. This person does not have a car and cannot sit in a car to travel to Oroville. She has never been given the option of a home visit. Ms.. Imes felt there should be home visits for older people. RECESS: 3:13 p.m. Page 3G3. Octob-er 21, 1980 October 21, 1880 80- RECONVENE: 3;47~p.m. Ms. Imes-felt that a hearing in.Ch~ao should fie considered. She felt the organizations are not to determine eligibility for the Welfare or Social Services programs. She felt the Welfare Department should be responsible for filling out the forms. S. Margaret B'oatberg, SIRC. Ms. Bomb.erg set out how the organization is run. There are students that work. on the cases. They are working under .;.internship forthe organization. These cases must be supervised. She felt that the requirements for documents should be clearly explained to the applicants. Mr. Crisan stated that whenever someone applies, the worker . provides the applicant with a form that has detailed instructions. M~`Bomberg stated that sometimes there are emergency for medi-cal cards. There are many doctors in the Chico area that want proof of medi-cal before they will treat a patient. She felt it needed to be clarified what it takes to get an application mailed. Mr. Crisan stated they had mailed applications in the past. They furnish the applicant with a self-addressed stamped envelope. They will then send a worker for a home visit. They are not able to do anythsng only by telephone because they have to provide a list of rights and the worker and recipient have to sign this. The home visit would be established on receiving the application in the office. 'The workers would set up the appointments. They are mandated to process applications within 30 days. They can only extend that time period to 45 days if they show extreme hardship in the department. This happens every so often. He felt that with this new system they would be able to process the applications faster. He was not doing this for any other eason than because of funding. He felt the home visits would eliminate the need for a person to return to the office more than one time. The forms would be completed. 7. Amos Sanders. Mr. Paul Persons from Community Information Center spoke for Mr. Sanders. He is disabled and there .is a problem with transportation. He did not feel the Chico office should be taken away. 8. Paul Persons. Mr. Persons did not feel that the home visits would be convenient. He felt the people would have to wait a great deal o£ time. There will be delays. If someone was to help an applicant fill out-she form, they could be subpoenaed. If home visits are so efficient, why are they not done in Oroville. 9. Mateo Munoz, Health Systems Agency. Mr. Munoz was concerned that the welfare of the citizens may not be adequately covered by the changes proposed. He felt it was a step backward. He cautioned agencies against helping people fill out the forms. The person helping the individual could be liable for welfare fraud as well as the applicant. This proposal:~is not going toward a full service office. One of the things that is questionable is the question of the determination of hardship. The memo does not set out the criteria for hardship. 10. Lydia Deathridge, student CSUC. Ms. Deathridge stated she is presently receiving medi-cal. She .felt the determination of hardship would be difficult. Without a car and based on the money, she would be required to travel to Oroville. She was not sure the hours would agree with her hours. Page 344. October 21, 1980 i ~. z 8©- 3 _ _ O_ctob_er 21, 1980. _ _ _ _ _ 11. Kathy Reed. Ms, Reed stated she was. a welfare case^that was successful. She received AFDC four years ago. She felt the reasons for having the Chico offices .were still the same as those when the office was established, She felt that just having a place. to go and a worker in the office makes a person feel less intimidated. She wondered why people could not have the application forms sent to them by mail. She questioned the efficiency of home visits. Mr. Crisan stated his proposal was not by choice. It was because of the restriction in financing. He cannot increase the staff to a full service office. The home visits would be done by appointment. The workers will try to schedule five home visits per day and this would still save gas. He did not see a problem with people being subpoenaed. He hoped that anyone asked to provide information would come forward and give information. They are only trying to solve problems in the fair hearings. He did not feel it was a threat to the people helping the applicants. In the instance of applications for AFDC, they will make home calls. The re-evaluation is six months or one year. During that time, the worker will be able to determine whether that family has the resources to travel to Oroville or not. On meth-cal they will make home calls when necessary. He felt they would be improving the services in Chico. The change would be the increase of four additional porkers available for visits individually if they were assigned to Chico two days per week. They are looking at about 44 applications per month per worker for home visits. This will be an increase. Thera would be no additional personnel added. The cost is on-going for four workers. They cannot increase their costs. He was looking at increasing efficiency of the staff on hand. There are people now in the Chico office who are duplicating what is being done in Oroviile, They are mandated to have 28.75 applications per worker, He recognized the value of rapport with the applicants. They cannot afford the time for this now. They will be able to tell which applicant will be provided with a home visit and which will have to travel to Oroville as soon as they come back with a definite policy as to how individuals are handled. He will bring a report to the Board on delays of applications and asking for additional staff, which will Be totally county funded, if he is not able to make the proposed change. His staff is the smallest in the state. The case load has increased 149 percent from 1977. Supervisor Dolan felt that the people who received the services of the office have not been heard from. She would like to hear from the people as to whether home visits would be more convenient or not. She felt the Board needed to go to Chico for a hearing. Chairman Lemke stated that what .the Board is hewing would not change the Welfare Department budget. He was not disagreeing to go to Chico. There is not enough staff for full service in Chico. Mr. Crisan stated that the obvious way is to have the funds to provide full service office in Chico. He does not have the funds. He is presently trying to continue to serve the area at the least inconvenience. He felt this proposal would increase the services to the individuals that do not have to come to the office. Supervisor Dolan stated she would like to see that. She had difficulty accepting how the visits in the home would be more cost effective and faster than the visits in the office. She needed to see that in writing. Page 345. October 21, 1980 'i _ _ _ _ _ _ Octoher 21, 1980 _ _ _ _ _ 80- Dan S9,ege1 asked if the Board would guarantee that no one from b Chico would be required to travel to Oraville. Supervisor Dolan asked that the Board show the same action to the Chico residents that the Board showed when the office was established. She felt the people should be told what is happening with the changes and it should be done on a night meeting in Chico. Supervisor Winston stated he had no ob3ection to a meeting in Chico telling the people of the changes in the office. This is a management and fiscal decision. It was moved by Supervisor Winston seconded by Supervisor Wheeler that the Board accept the recommendations of the Welfare Director as contained in his memo dated October 7, 1980. Supervisor Dolan felt the Board should meet in Chico before a vote was taken on the motion. Supervisor Winston stated the numbers cannot be changed. Mr. Crisan has said it would be great to have a fully staffed Chico Office. He does not have the money. Supervisor Winston felt it was on Mr. Crisan's back to run the department and has made recommendations he probably did not want to have to make. Supervisor Moseley stated she would be happy to meet in Chico if she thought it would solve anything. This will not change the figures. Supervisor Wheeler felt it was necessary to allow management to do their work and the Board should accept the proposal. She was certain that if this proposal does not work the Welfare Director will so advise<' the Board. Chairman Lemke stated Mr. Crisan does not have the ability to put four people in Chico to sit there and still reach the mandated goals. Vote on motion: AXES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES: Supervisor Dolan Motion carried. Mr. Crisan stated he would give the Board a detailed memo when he puts the proposal into operation. Supervisor Wheeler asked that Mr. Crisan furnish Mr. Siegel with a copy of that report. 1692 PUBLIC HEARING DATE SET The following public hearing dates were aet~for November 18, 1980 at 11:15 a.m.: 1. .Tay D. Plummer appeal of Advisoxy Agency's condition ~~15, (meet the requirements. of the Butte County Fire Department, on tentative parcel map, AP 48--O1-09., four parcels, east side o~ Cohasset Road across from Chico Airport north Chico area. Page 346. October 21, 1980 October 21, 1980 gp_ 2. Yexnon D. McCrady appeal of Advisor}* Agency~s condition 16, v tweet the requirements of the Butte County Fire Department, on tentative parcel map, AP 48--01-10, four parcels, east side of Cofiasset Road across from Chico Airport, north Chico area. 3. Dan Hays, Jr, appeal of Advisory Agency~s condition 1416, (meet the requirements of the Butte County Fire Department, on tentative parcel map, AP 48-01-19, four parcels, east side of Cohasset Road across from Chico Airport, north Chico area. ADJOURNMENT There being nothing further before the Board at this time, the meeting was adjourned at 5:02 p.m, to reconvene on Tuesday, October 28, 1980 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK- '. RECORDER and ex-officio Clerk of the Butte County Board of Supervisors Chairman, Board of Supervisors By ,~ Page 347. Octnber 21, 1980