HomeMy WebLinkAboutM102781r. y
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October 27, 1981
OF CALIFORNIA )
SS.
OF BUTTE )
81-- The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
~', Present: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Moseley.
C1if Nickelson, administrative officer; Del Siemsen, county counsel; and
Clark A. Nelson, county clerk-recorder, by Nancy Wilson, deputy clerk.
', Pledge of Allegiance to the Flag of the United States of America
', Invocation by Supervisor Saraceni
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APPROVAL OF MIND'1'Z5
On motion of Supervisor Dolan, seconded by Supervisor Lemke and
carried, the minutes of October 20, 1981 were approved as mailed.
AYES: Supervisors Dolan, Lemke, Saraceni and Chairman Moseley NOES: None
ABSTAINING: Supervisor Wheeler
ADDITIONAL AGENDA ITEMS BY BOARD MEMBERS TO BE ADDRESSED AT THE END OF
THE DAY'
Supervisor Saraceni stated he had an item regarding-the opening
and closing of departments.
Supervisor Wheeler stated she had correspondence from the Farm
Bureau regarding land laws.
APPROVE MODIFICATION TO CETA FISCAL YEAR 1982 PLAN
On motion of Supervisor Zemke, seconded by Supervisor Saraceni
and unanimously carried, the modification to the CETA fiscal year 1982
plan to be submitted to the Department of Labor by October 30, 1981 per
Department of Labor request was approved and the Chairman authorized to sign.
AUTHORIZE NOTICE OF COMPLETION ON RICHVALE FIRE STATION
On motion of Supervisor Saraceni, seconded by Supervisor Dolan
and unanimously carried, the work of Sunseri Construction Company for the
Richvale Fire Station. construction project was accepted; the Chairman
authorized to sign notice of completion; and the Clerk directed to record
said notice of completion with the Recorder.
AUTHORIZE PURCHASE OF' AUTOMOBILE - ADMLNISTRATION
On motion of Supervisor Wheeler, seconded by Sugervisor Saraceni
and unanimously carried, the purchase of an automobile for the Administration
Office rather than continue with lease agreement with budget transfer B-45
prepared was authorized.
CONTINUE TO OCTOBER 28, 1981 - DISCUSSION: COUNTY JAIL CAPITAL EXPENDITURE
GRANT PROGRAM APPLICATION
Discussion regarding the county Jail Capital Expenditure Grant
(Program application was held at this time.
Gerald Lively, deputy administrative officer, set out the baekgraund
on the proposal. On August 1979 the Sheriff requested that the Administrative
6ffice look at his operation to determine the need for additional bed space.
At that time there was a recommended proposal for dorm bed units of 34.
As they':advanced: intorthe~zequest'the~B'oard~o-f•::Directors requixements were
studied. Theix requirements are advisory. In April 1980 McFarren was
contracted for the study. When they began to apply the Board of Corrections
requirements for the county`s needs in the jail, the more they looked the
more they found. They asked the Board not to fund the dormitory project
until there was further study. In January 1981 the Board of Directors
through Tideland and oil money have allocated money for capital construction.
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October 27, 1981
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[n the grant program there is a ceiling of $10 million with a 10 percent
patch requirement. One of the-big problems was the development of a needs
assessment study.- This was achieved through the Heiss, Hughes study. This
brought staff into Iine with a project application. He set out the figures
from data presented to the Board on pages 80 and 82. 'This would include
their needs up to 20 years from now. The judgement must be made when
they make the grant application which needs are they trying to be advisory.
0n page 82 they probably would not be able to afford the 20 year project.
This sent them back to a 10 year project with-323 beds. In the Type II -
High Security currently there are 17 beds, in Type III there are 74 bringing
a total of 91. There is the need to protect ones who are pre-sentenced or
have special treatment. They must be protected because of their constitutional
rights. Tice recommendation is for 38 people in the high security for the
next 10 years. These cells are the most exgensive to build as they cost
$75 per bed space. In Type III they-will need 76 beds which is for the
work furlough program and those in and out of the facility. There is a
great need for separating them because of the influx of contraband. There
is the problem with staffing of professionals for the mental health cases.
They would Tike to get them out of the main jail. At present they must
place females into solitary. They should have equal access as males. They
must send the meals in for them.- The projection for 20 years is difficult
to project. It is anticipated by July 1, 1982 there will be the need for
200 beds; in 1983 207 beds; and in 1984 221 beds. It will take 462 months
to build the facility. They have to build to the peak, not the average.
There is a liability to the county.
Mr. Lively stated they have made it known to the Board of Correct-
ions there is a problem with finances. This county is going to have
difficulty. with the 10 percent match. There is the problem of placement
points. To not provide the match would give them no chance of obtaining
the grant. Butte County and other counties are not satisfied with the
regulations and point system. If you are a smaller or poorer county, you
are less apt to obtain the grant. The rules are set for the state by
the Board of Corrections. If they were to go with the 10 year projection,
they would achieve 130 beds which would include all of the contingencies
and the architect fee. It is very inflationary the construction would be
$16.3 million. If they take out the contingencies, they may still have a
chance of obtaining the funding. of about $13.2 million. They have been
trying to reduce the square footage and cost. They are building a structure
in accordance with the minimum standards as it applies to that particular
category. The County does not have the $2.3 million to go out and bring
the facility up to the requirements. The Auditor has indicated you cannot
le.t it, with the existing appropriation to back it up. They considered a
trust fund, but the Auditor indicated they could not do that for this year.
It is not desireable to go with a 5 year plan as it takes 4 years to
complete. The money from AB 189 would help them along. He has met with
the architect and Captain Albert and discussed various options. The grant
will be awarded on December 16th.
Mr. Lively stated the County has a great liability in not being
able to separate prisoners. He discussed renovation of the main part of
the jail. If they went with Title II, they would have a maximum structure
which would cost $6 million. With this proposal they would be applying for
$10.8 million with a match requirement of $300,000 to $400,000. There is
currently $500,000 set aside for the jail construction. The Board would
need to appropriate $3,000 or $4,000 more above what they have now. He
indicated on the chart that Building H would not be built. In the $5.3 million
standard he used the figure of $85,000 per bed for high security. He
found that was low. They are averaging $39,000 to $49,000 for minimum
security facilities. Mr. Lively stated the Board will have to make a choice
today. The application is due by Friday.
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October 27, 1981
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Supervisor Dolan stated they had not seen these figures before today.
They have not seen the construction figure to such a detail. She was not
sure how to approach which package. They could do it by what they could
"afford". They are being faced with which. of these priorities is a higher
priority.
Mr. Lively stated the new laws for drunk drivers and the Victims
Bill of Rights Initiative will affect the jail. The°amount being granted is
$436 million. There is $280 million for county jails and the rest is for
state penitentiary. .The money will be immediately available for the projects.
It will not be administered by the Board of Corrections, but another agency.
Clif-Nickelson, administrative officer, stated he would like to
.ear Mr. McFarren's proposal. It is different from Mr. Lively's proposal.
e is concerned about the fact a county is getting 25 percent of the whole
40 million. He is hoping they can work out something around $7 million
nstead of $10 million, then they might have a better chance. There is a
of of pressure in the Los Angeles, Santa Clara and San Diego areas to
btain the grant.
Gene McFarren, architect, stated there is a little bit of
difference in his proposal from Mr. Lively's in that it addressed bed
capacities directly. He set out his figures. The Title II means a
minimum facility with 80 bed construction for $3,b41,996 which would be
at one .facility. The Title II high security would be $'2,819,306 for a
total of $7,624,702. That is for costs today and would be for the duration
of construction. There would be a 10 percent contingency on top of that
figure being $8,383,172. This figure would include the heating; 'cooling
and plumbing. They could vacate ail of the,main jail,-.and ~ait:hin the
remainder utilize it as a women's facility and mental health with a
capacity of 329 beds as opposed to 323. At first they could do nothing
until they had the needs assessment study. With remodeling aspect they
could service future capacity.
Mr. Lively stated they can correct the problems in the jail or
nothing for four years which would be fatal. There is a major problem
h the plumbing on a weekly basis. There could be money through AB 159.
y could spend $150,000 to $200,000 at present on current problems and
go into the jail construction.
Mr. McFarren responded to Supervisor Saraceni regarding the
ater system. The supply line will have to come through those areas.
omething will have to be done. There is no air conditioning, it is
vagorative cooling of which they will do nothing. There are no plans
o centralize a utilities plant. They will be picking up inefficiencies
s they proceed and they will have to be addressed. The staffing impact
s for an employee at each post with an approximate cost of $110,000 per
ost. They are working towards more efficiency-and cost effectiveness.
here would be three new buildings.
Mx. Lively stated this is very preliminary. They are not sure
to approach it. His proposal is for D and E with a single post at
h of those. With H you would need two times as many people with half
many in jail. It is quite expensive to build.
Chairman Moseley stated she was not ready to make a decision.
suggested they convene tomorrow in order for them to study the data.
Mr. McFarren stated the figure of $85,000 per bed was the figure
rom the Department of Corrections. It would be $55,000 for remodeling.
t will depend on what type of facility they build. The level of security
nd the capabilities of financing. 'The controls for a high security facility
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October 27, 1981
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are high. If it is not secure, it is not addressing the problem.
Supervisor Lemke questioned if this project which is a govern-
ment project was let out to bid, what would be the effects.
Mr. McFarren felt yes and no there would be effects. There has
been a reduction of costs due to lack of construction-which is slow and
it has an impact. They are dealing with a facility that will have to have
equipment and this has been addressed. Manufacturers in the lock industry
are behind. The cost for remodeling per bed would be $55,000.
Mr. Lively stated in the main jail there is a situation where
they have other problems. One is labor and the extension to staff a
man always- with the post system. There is not sufficient square footage
to get an existing quality jail. It would cost $1.3 million to fix the
existing jail.
The matter was continued to October 28, 1981 at 9:00 a.m.
RECESS: 10.:03 a. m.
RECONVENE: 10:14 a. m.
ADOPT RESOLUTION 81-248 - PUBLIC HEARING: WALTER R. HANSEN ABANDONMENT
OF PUBLIC UTILITIES EASEMENT, LOT 151, PARADISE PINES, UNIT ~~4
The public hearing on the Walter R. Hansen abandonment of the
public utilities easement, Lot 151, Paradise Pines, Unit ~~4 was held as
advertised.
order.
Bettye Blair, planning director, stated the abandonment was in
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Dolan, seconded by Supervisor Lemke and
unanimously carried,- Resolution 81-248 on the abandonment of the public
utilities easement, Lot 151, Paradise Pines, Unit ~~4 for Walter R. Hansen
was adopted and the Chairman authorized to sign.
PUBLIC HEARING: JOE NTCHOLS APPEAL OF THE ADVISORY AGENCY'S CONDITION 11
(PAY $750 PER PARCEL INTO THE SWEDES FLAT ROAD FUND) ON A TENTATIVE PARCEL
MAP, THREE PARCELS, PROPERTY"LOCATED ON SPRING CREEK ROAD, NORTH OF SWEDES
FLAT ROAD, BANGOR AREA
The public hearing on the Joe Nichols appeal of the Advisory
Agency's Condition 11 (pay $750 per parcel into the Swedes Flat Road fund)
on a tentative parcel map, three parcels, property located on Spring
Creek Road, north of Swedes Flat Road, Bangor area was held as advertised.
Clay Castleberry, public works director, set out the background
on the appeal and the $750 per parcel charge into the road fund. This was
the result of property owners in the area concerned about the road. The
property owner has asked that the $750 be paid after the property was sold.
They would like the fee waived. There are three parcels involved. The
owner would be agreeable to a lien or a note on the map. He agrees with
their option. The money would be paid when the parcels are sold.
Supervisor Saraceni stated he had met with Mr. Huskey and the
Public Works Director and he was agreeable. He felt $750 per parcel for
three parcels would be expensive. The property owner is willing to have
a note placed on the map or deed.
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October 27, 1981
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Del Siemsen, county counsel, stated he has reviewed the proposal.
It would be suitable. There is no question if the applicant should so
decide to contribute the fees. He did not believe the Subdivision Map~Act
would allow them to do that.
Robert Huskey, engineer, questioned if Mr. Siemsen meant there
was no ordinance making this condition enforceable.
Mr. Siemsen stated they adopted fees for thoroughfares which is
set out in the State Map Act.
Mr. Huskey stated his applicant did not have any problem with
the fee. There are two existing parcels. The fee was applied to all three
parcels.
It was moved by Supervisor Saraeeni to grant the appeal and the
property owner would make provisions to pay the fees discussed today.
Hearing open to the public. Appearing:
Supervisor Dolan stated .this came about because of poor access
roads and condition of the roads. In order to approve condition of design
and to meet the criteria. The applicant can have access, he applied for
a parcel map.
Mr. Siemsen stated they must comply with the State Map Act. It
would have to address fees to roads and bridges. To provide extraction of
fees. For that provision you have to set up a public hearing. It is
similar to a drainage plan. To prepare a drainage plan and addres's-the
benefits and costs. You cannot go in there to do something different.
This would be usurping the State.
Supervisor Dolan suggested they change the condition or be
specific about the fees. A condition of providing access. She felt the
Advisory Agency was trying to comply with the direction from the Board
as to policy.
Mr. Huskey stated the initial appeal was with the determination
of the $750. One was no problem but three made it difficult. Tn his
opinion it is one parcel.
Supervisor Wheeler was aware of the problems of Swedes Flat Road
from previous Board meetimgs. There had been a lot of controversy in that
area regarding the maintenance o£ the road. She understands and agrees
it is a tremendous amount of money.
Hearing closed to the public and confined to the Board.
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On motion of Supervisor Saraeeni, seconded by Supervisor Lemke
and unanimously carried, the appeal of the Advisory Agency's Condition 11
{pay $750 per parcel into the Swedes Flat Road fund) on a tentative parcel
map, three parcels, property located on Spring Creek Road, north of Swedes
Flat Road, Bangor area for Joe Nichols be upheld; noting that a note of
titlement for the $750 per parcel be placed on the property subject to
approval by County Counsel and Public Works was upheld.
PUBLIC HEARING: CONSIDERATION OF COURT CONSOLIDATIONS FOR THE BIGGS AND
GRIDLEY JUDLCIAL DISTRICTS AND THE OROVILLE AND PARADISE JUDICIAL DISTRICTS
The public hearing on consideration of court consolidations for
Biggs and Gridley Judicial Districts and the Oroville and Paradise
icial Districts was held as continued.
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October 27, 1981
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Clif Nickelson, administrative officer, stated a decision should
be made before the December filing date for judges. Once there is the
election at the Biggs-court it would be economical'•to wait six years before
making a consolidation. Politically they may want to, but it is inefficient
cost wise. In the Oroville and Paradise Court there'is one person serving.
His office prepared alternatives strictly from the"fiscal point of view.
Hearing open to the gublic. Appearing:
1. Norris Goodwin, judge, Biggs Judicial Court, stated he had
appeared at several of the hearings. He has sent each member a letter.
A number of Biggs residents have been in attendance to the hearings. He
stated there has been a cost saving of $30,000 in Biggs. Many of the
reasons to retain the-court have been voiced. He would like to see the
court in Biggs retained.
Supervisor Wheeler stated she did not feel from the statistics
as presented by the Administrative staff or from a very humanistic view
it does not warrant consolidation. She would not vote for it with this
particular court. Tf she can be convinced more than what has been submitted;
here through testimony and what staff has presented, she did not feel
she could change her mind or position at this time.
Chairman Moseley stated she felt they should continue without
consolidating Gridley and Biggs Courts.
Hearing closed to the public"and confined to the Board.
Supervisor Dolan stated the way she viewed the consolidation
was through the fiscal budgetary analysis that was submitted from the
Administrative office. The services to Biggs can continue even though.
administration and clerks will be consolidated in Gridley. It would mean
the court could physically still be in Biggs. There is only a .05 work
load in that area. Other judges go and hold evening courts. There is
the humanistic aspect and that can be done. She felt the administration
of the courts could be consolidated. The people in Richvale could still
commute to Biggs for misdemeanor and such.
Supervisor Saraceni stated after going over all of the information
and evaluating the circumstances of combining the two there would be no
financial gain to do so. He did not see any reason to make any changes
at this time.
Hearing open to the public.
Judge Goodwin stated part of the problem is the police department
and their access to the court. There would be no law enforcement officer
in the area should they be testifying in Gridley. There is foot traffic
in and out of the office all day long when their office is open. The
Highway Patrol in the area do their process work in that court.
Chairman Moseley stated the $30,000 does not come just from
the salary.
Supervisor Dolan stated Appendix I indicates where the savings
would be. The largest of is one judgeship and one half time clerk. She
had posted a map indicating the various judicial districts. Citizens in
other areas travel further than the people in this district would to go
to Gridley. She felt Supervisor Lemke was correct, the savings was in
the salaries of the two judges.
**
Hearing closed to the public and confined to the Board.
Page 367.
October 27, 1981
October 27, 19s1
8T- Chairman Moseley stated she felt the Biggs area was 'a highl.y,_ta~ed
3' district and that includes the Richvale and Nelson district. She did not
feel they were asking for too much. She would like to see the districts
remain as they are. She has not heard any complaints regarding the judges.
She did not feel they received that much in road repair or library services.
She felt for the tax dollar they should be able to keep their court.
Supervisor Wheeler stated if this were put to an election of the
people, they would vote for it to remain as two courts.
Supervisor Lemke stated he likes to protect his districts needs.
He suggested they talk about the Oroville and Paradise courts 'and that they
be combined. Even if Paradise loses the court. He feels they are facing
critical economic situations. If they can save money, they should take
those actions. He felt the people who use them should pay for them. That
is one of the best ways of cutting the costs and the county should not be
burdened with operating the courts for those that need them. If the people
are using the courts, they might have to make an extra trip. The users
should be paying and contributing to the cost.
Supervisor Saraceni stated he was very concerned about the courts.
The information that was given to them there might be a need for the-extra
help in Biggs to be transferred to Gridley. He did not feel it would
change the workload. If they reduced the total figure there may not be
the savings that they may feel was there.
On motion of Supervisor Saraceni, seconded by Chairman Moseley
and carried, that the Gridley Judicial District and Biggs Judicial District
remain as it is for now until there is more definite reason to make the
consolidation.
AYES: Supervisors Saraceni, Wheeler and Chairman Moseley
NOES: Supervisors Dolan and Lemke
Supervisor Zemke stated they were presented with data from the
judge of the present Oroville and Paradise Justice Courts. There is a
difference of opinion from the Administrative Officer and the courts data.
The Administrative office has indicated a savings of $10,000 with the
consolidation and the other report indicated $6,006.
Supervisor Wheeler stated she felt the real issue was the increase
in population and whether to consolidate or go to a municipal court for this
area. That could happen automatically.
Supervisor Lemke stated they are doubling the judges salary in
the next election because the current judge is holding both courts.
Supervisor Saraceni stated he had reviewed the proposal and
questioned if it would be necessary to go to a municipal court. He was
told it would not be necessary.
Mr. Nickelson stated if the AB 189 money was not used for the
construction of the jail it could be used for a new court building.
Supervisor Saraceni felt they should address the 24 cents a mile
they are paying jurors. Going from Paradise to Orovlle would be an increase
to county costs and the time involved in traveling. A municipal court
would increase the court clerks pay. He did not see where this would be
a savings. Another factor is other people would not be allowed to run for
the judgeship.
Supervisor Lemke stated the other figures were to show some of
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the corrections from the other feport and they indicate a savings of $6,600.
Page 368.
October 27, 1981
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Supervisor Saraceni stated he felt the inconvenience would be bigger
than the savings.
Hearing open to the pulilic. Appearing: 130 one.
Hearing closed to the public and confined to the Board.
It was moved by Supervisor Saraceni,' seconded by Supervisor Dolan,
there be nothing done at this time to consolidate the Oroville Judicial
District and the Paradise Judicial District.
Supervisor Dolan stated she felt there would be a tremendous
amount of salary with the consolidation proposal.
Supervisor Lemke stated he felt the consolidation would be coming
up in two to two and one-half-years because of-population-changes.
', Mike Pyeatt, assistant administrative officer, stated someone
would have to conduct a special census to determine this. Looking at it
financially they might have to consolidate by 1985.
Mr. Nickelson stated if Oroville goes to a municipal court, he
felt the Board should seriously consider the consolidation of Oroviile,
Gridley and Biggs. There is a move at the state level to change the whole
court system. They would then be reimbursed through AB '.189 and'SB 90.
That is all in the future.
Chairman Moseley stated she had not heard from the people in
this area.
Supervisor Lemke stated in saving money there has to be an impact
on the people. He has not heard one bit of opposition other than a newspaper
editorial. He is generally in favor of the people he represents. If there
', is a savings they should vote for the consolidation. No•one wants to Lose
a court. That was the opinion in the Gridley and Biggs area. Judge Rix
came to him and he suggested he contact Mr. Johansen regarding the figures.
He felt there would be a savings of $6,600. He felt in the very-near
future they would be forced to establish a municipal court. It has not
been discussed there would be at least a $26,000 savings by closing the
county building in Paradise. .There is little activity there, the Sheriff
is operating out of it. Later he will be bringing forward a plan to move
', the Sheriff to the ~Tpper Ridge. He is not sure how much the District
Attorney needs the office and building space. Building inspection and Health
are housed there presently.
Supervisor Saraceni felt the savings of the $40,000 would be eaten
up in expenses through the consolidation. He did not feel all of the wages
had been addressed. He has had a lot of input. from his constituents and
they are not in favor. It is not justified at this time.
Vote on motion:
AYES: Supervisors Dolan and Saraceni
NOES: Supervisors Lemke, Wheeler and Chairman Moseley
Motion failed.
It was moved by Supervisor Lemke, seconded by Supervisor Wheeler
to process what ever procedure is necessary to consolidate the Paradise
Judicial District and the Oroville Judicial District.
Page 369.
October 27, 1981
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October 27 ,_ 1981
Supervisor Saraceni stated considering the input £rom his district
he was not in favor, When the numbers are increased-they will face the
decision on a municipal court. They could be faced with building a facility.
He hoped they considered that and re-evaluate the other conditions. He is
taking direction from the people in his district. They looked at-the costs
down the road.
Supervisor Dolan stated she felt the costs would be greater
than the $40,000 proposal. This was done in Chico. The salaries of
the judge and clerks and assistants would increase. She did not-feel the
finances speak for themselves. They turned down a proposal for a savings
in the other courts. When the opportunity or necessity arises, she agrees
with a municipal court.
Supervisor Zemke stated if the proposal increases it will be the
', same thing as with the Library, Health Department and Sheriff Department.
They vrill not be able to afford some of these things. This is one place
', where they can save:... It could have been done in Gridley and Biggs.
Amended the motion:
An ordinance is to be brought back on Wednesday, October 28, 1981.
Supervisor Dolan stated if they were going to look at consolidation,
they should look at consolidation within the Chico Municipal Court to show
a savings. Maybe that would be more appropriate. In Chico there are
presently two court rooms and 1.9 judges. The workload in the Oroville
Court is crowded. Maybe they should consolidate everything in Chico. She
felt buildings cost money.
Vote on motion:
AYES: Supervisors Lemke, Wheeler and Chairman Moseley
NOES: Supervisors Dolan and Saraceni
Motion carried.
2593
CONTINUE TO OCTOBER 28, 1981 - PUBLIC HEARTNG: RICHARD FLARE-APPEAL OF
NEGATIVE DECLARATION AND VARIANCE TO MINIMUM LOT SIZE REQUIREMENTS TO
ALLOW THE CREATION OF TWO PARCELS ABOUT 1.8 ACRES (GROSS) ON PROPERTY
ZONED "ARi~[i-3" (AGRICULTURAL RESIDENTIAL MOBILE HOME - 3 ACRE PARCELS),
PROPERTY LOCATED ON THE NORTH SIDE OF MAGALIA-NIMSHEW'ROAD AT CARNEGIE
ROAD NORTH OF PARADISE IDENTIFIED AS AP 64-65-14
The public hearing on the Richard Hare appeaL:of the Planning
Commission's denial of negative. declaration and variance to minimum lot
size requirements to allow the creation of two parcels about 1.8 acres
(gross) on property zoned "ARI~H-3" (agricultural residential mobile home -
3 acre parcels), property located on the north side of Magalia-Nimshew
Road at Carnegie Road, north of Paradise, identified as AP 64-65-14 was
held as advertised.
Bettye Blair, planning director, set out the background on the
appeal. They had received copies of Planning Commission minutes, staff
findings and any correspondence relative to the hearing.
Hearing open to the public. Appearing:
A letter from Marvin and Wilma Schuenemeyer of Magalia in support
of the appeal was noted.
1. Gary Lippincott, engineer, representing applicant, submitted
four letters in support of the'~x- Tect from the following:
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October 27, 1981
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Dan Gates, Paradise
Anita Navarro, Magalia
Mr. and Mrs. Charles Clipt, Magalia
Monty T. Clemmer, Magalia
Mr. Lippincott stated the issue is maintaining the integrity of
the four acre zone in the area. This property is part of the original
decision of zoning in 1969 for a Mrs. Davis Taylor. Tt was divided into
three parcels. The road Smokey Way divides the property. Tt was further
divided into four other parcels in 1974. The zoning came about to three
acre parcels. After the applicant purchased the property he became aware
', of the change of zoning. He is appealing on the logic basis. The property
is divided by a road. There is an existing mobile home residence on the
east and a guest house on the south side. They -are aware of the present
zone. The argument is if this-were approved it would erode the zone in the
area. This is an isolated case. This was already in existence. He could
not create anything less than three acres. The Planning Commission could
not find the criteria to grant the variance. He stated the guest house
has a separate septic tank is useable and can function as a separate dwelling.
', 2. Roy Kay, Twin Pine Road., stated the property is divided
isually by the road. He was in favor of the variance.
', 3. Velma Butler, Nimshew Road, stated she did not understand
r. Lippincott's logic going back to 1960 on what the intent of the
revious owner was. The zoning was in the 1970`s when the Hare's purchased
the property. She felt the fact there was a guest house on one parcel
indicated the intent to sell. They are very much opposed to the variance.
here are a number of people present today who are opposed also. Mrs.
Butler read a letter in opposition from Erin L. Wells at this time. Mrs.
utler submitted three other letters in opposition from the following:
Dan and Christine Laverne, Magalia
Oran D. Knowles and Linda S. Knowles, Magalia
Mr. and Mrs. Thomas A. Smith, Magalia
4. Bi11 Cutler, Magalia, stated he opposed the lot split because
was not allowed this. It will encourage others to attempt to split into
s than three acres.
UPERVISOR WHEELER ABSENT AT THIS TIME
5. Nanetta Freeman, Paradise, stated she helped to establish the
one in the area. They are opposed to the variance approval.
6. Lynn Marvin, Nimshew, stated the people worked hard for the
sent zoning. If this is split he would like to look at the recorded
uments. He feels four or five families will add to the traffic. He
ld like the three acre zoning maintained.
Supervisor Dolan questioned if easements could become roads by
vote individuals without county review.
Del Siemsen, county counsel, stated any property owner can create an
cement to private property and the county has nothing to do with it.
ople of a subdivision is the dividing line. This application is one single
xcel which conforms to gresent zoning. He felt they should have applied
r a zone change and not a variance. Usually there is a request to rezone
smaller lot sizes and this creates sub-standard lots. He felt they should
through a zoning procedure to accomplish this.
Page 371.
October 27, 1981
81-
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____October27,,1981_________ _______~
: ~ _ ~ ~ T = - - - - - _ _ - - ' - - - - - - - - -
7. John Bledsoe, Nimshew Road, was not opposed to the variance.
He felt people should be allowed to use their property. One part is useless
to them at present.
8. Paul Davis, Park Ridge Way, stated he was a neighbor of Mr.
Hare. He felt if approved it would open up the zoning to four acres.
9. Richard Hare, applicant, stated. they have owned the property
since 1964. Because of the road and traffic that his children cannot play
on the other portion of his property. He cannot use the other acres except
as a guest house. He does not want to sell it. The problem is the road.
He would like to move a relative into the guest house, he does not want
to rent it. At present no one can stay in the guest house longer than
10 days as he was informed by the county.
Supervisor Saraceni stated what the applicant is trying to achieve
is to use the guest house as a home. He would not need to split the property.
Ms. Blair stated in the "Aunt Minnie" approach they must live in
the mobile as a resident. She felt in this zone there could only be one
dwelling per parcel. A use permit could not be used in .that zoning. He
cannot use the guest house as a second resident without splitting the
property or zoning change.
10. Lynn Marvin stated he owned this property 15 years ago.
He placed a mobile home on the 2~ acres.-There is three acre zoning.
SUPERVISOR WHEELER PRESENT AT THIS TIME
11. Mrs. Hare, applicant, stated when they purchased the property
it appeared to be three acres, but it was-two. They only needed three
acres in order to split the, property. They are within the zoning. They
checked their full four acres and reviewed the present zoning and they
needed six acres in order to split. This is the reason for the variance
request. Tt is permanently divided in half. There are two separate
resident addresses.
Mr. ~,ippincott stated today was the first time the issue of zoning
was brought up. This particular property is surrounded by smaller type
parcels which are less than the three acres. They did not go with a
zone change as they ran afoul with the county. He did not feel the Board
would be making a precedent decision by approving this variance.
Supervisor Wheeler stated recently the Board denied a variance
in the B'orest Ranch and Cohasset area because they were afraid of precedent
setting.
Mr. Lippincott had discussed the problem with Planning staff and
had decided to go with a variance. He is not in favor of spot zoning.
Supervisor Lemke stated he felt if they went with a zone change
there would~be•the same opposition from residents in the area. County
Counsel is telling them they cannot issue a variance on this property.
Supervisor Dolan stated she would like to pursue the issue of
making special findings for approving the variance or it will be denied.
She felt the one physical reason was the road going through the property.
Supervisor Lemke questioned why he could not adopt a negative
declaration and make the findings that because of the shape, topography
and surrounding area that he was being deprived of Chapter 24 of the
County Code. The road physically,. topography and geography is depriving
Mr. Hare the privileges enjoyed by other property in the area.
Page 372.
October 27, 1981
81-
~'
~~tobpx .27y 198E _ _ _ _ _ _ _
Mr. Siemsen stated the applicant must be in conformance. By splitting
the property he is creating two sub-standard parcels. He cannot put another
resident on the other property. He felt they should apply through a rezone.
They are looking at a nonconforming use. Dividing it is a conforming or
nonconforming use which could be conditioned on. It would not require
splitting a lot for a second use.
Ms. Blair stated she was confused, recentlq they had passed 6 to
variances to create smaller parcels above Paradise Pines. Many were to
nimum parcel size. They have nat been cautioning people that more than
o parcels was defacto. She would like direction from the Board.
Mr. Siemsen stated they have agreed the one parcel was-sub-standard.
was existing one.
Hearing closed to the public and confined to the Board.
2594
Supervisor Lemke stated they would be meeting tomorrow morning
nd he would suggest continuing the matter in order for County Counsel and
he Planning Director to discuss this before they take final action. The
eating will be closed.
Hearing continued to October 28, 1981 for decision.
UBLIC HEARING: RONALD R. LOGAN APPEAL OF THE PLANNING COMMISSION'S DENIAL
F NEGATIVE DECLARATION AND USE PERMIT; MINING PERMIT AND RECLAMATION PLAN
N PROPERTY ZONED "A-2" (GENERAL), AP 41-08-27, PROPERTY LOCATED ON THE
EST SIDE OF DRY CREEK ROAD, APPROXIMATELY THREE MILES NORTH OF PENTZ ROAD,
The public hearing on the Ronald R. Logan appeal of the Planning
fission's denial of negative declaration and use permit, mining permit
reclamation plan on property zoned ".A-2" (general), AP 41-08-27,
erty located on the west side of Dry Creek Road, approximately three
s north of Pentz Road, south of Paradise was held as advertised.
Bettye Blair, planning director, stated the members had copies
the reclamation plan, copies of Planning Commission minutes and staff
dings in addition to all correspondence received regarding this issue.
set out the background.
Supervisor Wheeler stated the Planning Commission minutes indicate
denied the project for lack of information as they did not have the
plan.
Ms. Blair indicated a lot of information was brought forward from
hearing. The Commission suggested they obtain information outside of
environmental determination. They did not have enough information and
ed the project so they could reapply to get all of the information
erly through the impact report.
Hearing open to the public.
1. Sonya Purcel, Chico, referred to the impact report. There are
nerous springs existing in the area which are used by homesites which depend
on the water. Tf the spring water was used for mining purposes everyone
the homes up that canyon would be in jeopardy. It is the only water supply
ere is. There is 3,000 feet of dry creek sandstone. There is no way to
t water from a well. The creek would be contaminated as a result of the
ning. The road is very narrow. There was concern of hauling gravel down
e road to Pentz Gravel. The Fish and Game have indicated any silt will
11 the trout which are in the lystream.
age 373.
October 27, 1981
81-
a.
~*ic I
October 27, 1981
2. Paul Manefee, Dry Creek Road, stated the environmental report
indicates there should be a four foot pipe to carry the 65 csw from Dry
Creek. There are five property owners who have private bridges. In a heavy
rain all of them would lose their bridges because of the pipe. He was
concerned about traffic and the improvement on the road.
3. Walter Kirk, bay area, stated he plans to build a home in
this area, He felt there should be an environmental study. The road
maintenance was to a minimum. Mr. Logan`s operation-may be small to start
out but should it be successful he would expand. He was concerned about
trucks traveling daily on the road.
', 4. Louis Camenzind, Jr., Durham, stated the applicant was apply-
'... ing for a mining operation and he needed help. He did not apply for
travel up and down the road. He is familiar with the area. It is
Calveras tilted and has grooves. The formations are from the lava flow.
There are two or three luvial deposits. He will be moving 80 years of
gravel. If this were BLM property no one but the Federal Government would
have anything to say. Mr. Logan has submitted a reclamation plan. He
has satisfied the requirements of the Fish and Game and the-Water Quality
Control Board. The Commission gave no reason they turned down the project.
', He is going to create more wealth. Mr. Camenzind read from the County
Code Section 13-16 regarding mining.
Supervisor Lemke stated they knew why he ordinance was written.
It was because the federal government was trying to pressure them with laws.
~Ie questioned why this went through the Planning Commission.
Ms. Blair stated the reclamation plan is received through direction
of Public Works Director and state and into the Planning office. It is
heard by the Planning Commission. The property is in "A-2" zone and it
requires a use permit.
Mr. Camenzind read from a Geologist Magazine from 1965 regarding
land formations which addressed the area in question. The applicant is
presently using a pick and shovel. If the plan is approved they would
operate up to 80 years per day.
5. Ronald Logan, applicant, stated the Fish and Game has
complete control over the stream. They made onsite inspections. The area
has been mined previously. A negative declaration-has been recommended
on the impact xeport. He is hoping to do it right with all of the permits
and approvals. The pipe was the idea of .Fish and Game. He felt a train
flat bed would work rather than a culvert. They are two miles from any
homes. Two close homes are abandoned which are within 1,500 feet. They
have no septics. He is required to have a gravel permit.
Supervisor Dolan stated the procedure is for inpuC at the Planning
level for a use permit. The Chairman of the Planning Commission felt there
should be more information.
Mr. Logan stated he must first obtain these permits. If they
are denied he must wait for one year before refiling. He felt nobody knew
how to handle the plan.
Supervisor Lemke stated he felt one of the things missing was the
reclamation plan by Public Works. They have the expertise along with Water
Quality Control and Fish and Game. He would like to hear from Mr. Castleberry
regarding the plan and report this and if it is adequate for the area.
Clay Castleberry, public works director, stated he has reviewed
the site and the proposal. It d"a-not address any of the peripherial. The
Page 374.
Octobex 27, 1981
~~~
_ _ _ - _ _ _ _ _ _ o~tahex _27~ 19BL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
81- reclamation plan and information provide for the size of the operation that
b' is planned. He will not address the use permit. The reclamation plan can
be operated in a manner that would not cause problems and would meet the
', county minimum requirments and the State requirments.
', Supervisor Dolan stated she was concerned about certain front-
ages and the closeness of the homes and of the property owners. She did
not feel the springs and water quality were answered. They do all have
the same road access.
6. Lucy Cook, Dry Creek Road, stated she lived in one of the
abandoned houses referred to earlier until one year ago when she married.
', She still has plans for the house. She felt this was a civil matter.
', They do not want the road improved. The spring water is used as the only
source for household water supplies.- There was concern the operation
could be expanded without a permit. She now lives one mile from the mining
site.
Supervisor Saraceni stated the Planning Commission never addressed
issue of the type of equipment that would be used.
7. Bill Barren, Dry Creek Road, stated he agreed with all of
property owners. He was concerned about a blasting permit. The
ngs are the areas only water supply.
8. Betty~~Logan, applicant, stated-they were not going to have
rock crusher. The property was mined before. Their operation will not
rt anyones water supply down stream. Everything within one mile is
andoned. When they get the money they plan to invest in a tramel and
slough box. Much of the material will be recycled.
Steve Streeter, planning department, stated they did a lot of
background work and he has taken notes today. The reason for the September
letter from the Fish and Game was they had not had a chance to respond
Supervisor Wheeler stated there were points brought up that
should have been listened to at the Planning Commission level, They are
getting different sets of answers.
Mrs. Purseli stated she attended the Planning Commission meetings
and no real answers were given regarding the reclamation plan. She has
worked in the geology field and did not feel the questions regarding the
springs have been answered. The entire state is concerned about water.
There is no other water sourse or system for them to utilize. They cannot
obtain water from Oroville Dam and Paradise-has their own problems.
Mr. Kirk stated he felt the Planning Commission asked the right
questions, but did not get the right answers. They felt an impact study
was necessary and a report to know precisely what their plans were and what
they were going to do.
Hearing closed to the public and confined to the Board.
Supervisor Wheeler questioned if they denied the project without
prejudice could the applicant make application immediately.
Del Siemsen, county counsel, stated if the Board denied the project
with prejudice it allows the applicant to go back without setting it for full
hearing. It is the reversal back concept. They can waive the fees.
Page 375.
October 27, 1481
October 27,_1981
81= On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
~' unanimously carried, the negative declaration and use permit, mining permit
and reclamation plan on property zoned "A 2" (general), AP 41-08-27, property
located on the west side of Dry Creek Road, approximately three miles north
of Pentz Road, south of Paradise appeal by Ronald R. Logan be denied without
prejudice; the applicant is to make reapplication to the Planning Department
without paying the required fees.
2595 CONTINUE TO OCTOBER 28, 1981 - PUBLIC HEARING ON WILLIAM R. STARR APPEAL
OF THE PLANNING COMMISSION'S .DENIAL OF NEGATIVE DECLARATION AND VARIANCE TO
MINIMUM LOT AREA REQUIREMENTS TO ALLOW THE CREATION OF A 2.55 AND A 3.01
ACRE PARCEL IN THE "A-20" (AGRICULTURAL - 20 ACRE PARCELS) ZONE, AP 39-39-72,
PROPERTY LOCATED ON THE SOUTH SIDE OF EDGAR SLOUGH, APPROXIMATELY 400 FEET
SOUTH OF THE INTERSECTION OF STANLEY AND DIAMOND AVENUES, TWO MILES SOUTH-
'.. EAST OF CHI CO
The public hearing on William R. Starr appeal of the Planning
Commission's denial of negative declaration and variance to minimum lot
area requirements to allow the creation of a 2.55 and a 3.01 acre parcel
in the "A-20" (agricultural - 20 acre parcels) zone, AP 39-39-72, property
located on the south side of Edgar Slough, apgroximately~400 feet south
of the intersection of Stanley and Diamond Avenues, two miles southeast
of Chico was held as advertised.
Hearing open to the public.
', Hearing closed to the public and continued to October 28,
1981 at 9:00 a.m.
2596 ADOPT RESOLUTION 81-249 AND 81-250 - PUBLIC HEARING: LAKERIDGE VILLAGE
SUBDIVISION - SALE OF BONDS
The public hearing on the Lakeridge Village Subdivision fox the
sale of bonds for the assessment district was held as advertised.
Robert Brunsell, bond counsel, stated they have a further offer
regarding the sale of the bonds. for the assessment district.
On motion of Supervisor Lemke, seconded by Supervisor Saxaceni
and unanimously carried, the following action regarding the Lakeridge
Village Subdivision Assessment District was approved:
1. Requested and consented for shortened term of improvement
bonds.
2. Adopted~Resoliition 81-249_--.': shortening the term of bonds.
3. Adopted Resolution 81-250 ordering the sale of bonds to Birr,
Wilson & Co., Inc. per their offer.
AUTHORIZE ACQUISITION OF 2127 A STREET AND 2255 FORT WAYNE: AUTHORIZE
UTILIZATION OF CHICO HOUSING IMPROVEMENT PROGRAM AS CONTRACTOR FOR PURPOSES
OF REHABILITATING THE TWO DWELLINGS - HOUSTNG AND COMMUNTTY' DEVELOPMENT
Ward Connerly, consultant, set out the background on the two
proposals..
SUPERVISOR DOLAN ABSENT AT THIS TIME
Mr. Connerly stated there were two parcels. There is about
$30,000 worth of rehabilitation to be completed. They would like to
contract with CHiP for the two dwellings.
', Supervisor Saracen~.,questioned if people in the E1 Medio area
could be utilized through CHIP. '
', Page 376.
October 27, 1981
October 272 1981
$1~ On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
3' and carried, the acquisition of 2127 A Street in the amount of $23,800 and
', 2255 Fort Wayne in the amount of $15,000 in the El Medio area-was authorized.
AYES: Supervisors Lemke;;>Saraeeni~_and-Wheeler~.-NOES:. None ABSENT:
Supervisor Dolan ABSTAINING: Chairman Moseley
Mr. Connerly stated he would make a request to CHIP to utilize
the people of the E1 Medio area on the rehabilitation.
Supervisor Lemke questioned if the County was still in court with
CHIP.
Del Siemsen, county counsel, stated there is still the question
on the CETA action. They have not heard from the Federal District Court.
It is a question of whether they failed to apply through the administrative
route.
', On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
', and carried, the utilization of Chico Housing Improvement Program as the
', contractor for purposes of rehabilitating 2127 A Street dnd 2255 Fort Wayne
in the El Medio area was authorized; with Chico Housing Improvement Program
to employ° the people in the E1 Medio area as can be selected.
AXES: Supervisors Saraceni, Wheeler and Chairman Moseley NOES: Supervisor
Lemke ABSENT: Supervisor Dolan ABSTAINING: None .
RECESS: 1:18 p.m.
RECONVENE: 2:00 p.m.
', SUPERVISOR SARACENI ABSENT AT THIS TIME
SUPERVISOR DOLAN PRESENT AT THIS TIME
',2598 DISCUSSION WITH SHERIFF ON: NEIGHBORHOOD WATCH PROGRAM FOR CERTAIN RURAL
AND MOUNTAIN COMMUNITIES AND STAFF POLITICIZING OF 1980-81 BUDGETARY DECISIONS
', Discussion with the Sheriff on: Neighborhood Watch Program for
certain rural and mountain communities and staff politicizing of 1980-81
budgetary decisions was held at this time.
Larry Gillick, sheriff, stated he felt this discussion could be
handled at his office without so much publicity. He stated the individual
patrolling in the Butte Meadows and Forest Ranch area was returned to the
Sheriff's Department in order to implement the patrol system. His office
has a lot of material regarding the Neighborhood Watch Program.
Supervisor Wheeler stated she had requested through his office
someone to accompany her to the outlying areas and was told they did
want to participate in this.
Sheriff Gillick stated he was not aware of it at that time. He
s for crime prevention and works with groups, children and teens. Mr.
illick stated his office has six on patrol, one dispatcher, two mountain
en and two in command. Two of his individuals are on G8/50. He is using
xtra help in the mountains. There is no funding for Sheriff Type I. The
ob has many serious pressure Liabilities. There has been an increase in
rime in Chico recently.
Supervisor Wheeler stated she has been informed by her constituents
en they call the dispatcher there are delays and fpr various reasons. She
estioned what type of plans did he have or were being implemented in these
Sheriff Gillick stated they have implemented the team concept for
They are delegated to different areas with the sergeant in charge.
Page 377.
October 27, 1981
SI-
3''
*~~:~
__~__________-October 27, 1981 __-~-~=~==W W _____
They are all dispatched from the Oroville area. They would like to see a
substation in Paradise Pines area, possibly a mobile home.
SUPERVISOR SARACENI PRESENT AT THIS TIME
Clif Nickelson, administrative officer, stated the individuals on
the 48/50 time may soon be able to go onto sick leave.
Supervisor Lemke stated it was a unique policy in fire and public
safety jobs. He indicated officers have been reported saying if they are
unhappy with their services it is due to the Board of Supervisors cutting
the Sheriff's budget.
Sheriff Gillick stated he is like a father to his department
personnel. He does not like to hear this type of thing. When he knows
about problems he tries to find out the source. He tries to keep an open mind.
He does not like the politicizing, but felt Supervisor Wheeler had stated
through the media she would take care of the snowplowing .in'-B-utte-Meadows.
Supervisor Wheeler stated she felt it went much deeper. She has
been in public meetings where officers have made flagrant statements. She
felt it was difficult to deal with publicly when they are told the reason
they do not have more patrols in the area is because of the Board of
Supervisors not giving them enough money. It is wrong to politicize and
scare the people. She felt they were one big county family. Every depart-
ment had to help in the budget cuts.
Sheriff Gillick stated many things have came up and he would like
someone to call him and hold meetings. It is impossible for him to know
everything. He has received telephone calls regarding these problems.
Supervisor Wheeler stated she would like further information on
the Neighborhood Watch Program. Some officers work on this offduty. She
would like him to submit a proposal and plan so that she can notify the
area community associations.
Sheriff Gillick stated with new laws they must go through the
academy and hold full time jobs. It is hard to work all day and go to
school. It is the same physical program. He used to have a lot of reserve
sheriff's, but does not at present because of the new law.
Chairman Moseley questioned about the wild high speed chases she
reads about in the newspapers. She is concerned for the lives of innocent
people. Some larger counties are calling off the "hot pursuits".
Sheriff Gillick stated they have a policy regarding red light
and sirens called Code 3.
Captain Mick Grey, sheriff's office, responded to Supervisor
Lemke's question regarding the grumbling of staff at the beginning of the
team concept by stating he felt it would be difficult to go back to the
old system. He stated "hot pursuits" are aborted if it is felt they are
not worth what the offense is. The dispatchers prioritize the calls as
they are received. The dire emergencies are answered first. The patxols
deal with five officers each. Many times they are not at 100 percent staff-
ing. They do not maintain normal shifts. It is a stressful job. He set
out the areas the team patroled. On Fridays they overlap. They placed a
resident deputy and made a survey. In August the resident deputy handled
two calls which were a disturbance and illegally dumped material. For the
$1,800 involved it was not effective. The response time is 30 minutes from
the valley into the mountains. The average is 20 minutes.
Page 378.
October 27, 1981
81~
2599
October~27,_1981
S~~ervsor'Wheeler stated she felt it 'was :important to note the level
of law enforcement has not been reduced, there has just been reorganization.
Residents are concerned about the lengthy response time. They felt a
reserve deputy would be helpful.
Captain Grey set out the priorities on the dispatcher calls. A
call may come in during staffing change. They might be three calls behind.
They do not tell an individual at what time an officer will be present.
It costs approximately $500 per call. He did not feel there was a lot of
crime in the Forest Ranch area.' In the Chico office there are six lieutenants
and three watch commanders which ran the substation. It was not workable.
They took one from the patrol and placed him back into the office.
Howard Johnson, Cohasset, stated he did not agree with the
figures presented. There should be one deputy for every 300 people.
He thought it was a crime the amount of money the Sheriff department was
budgeted. They have lumped the Forest Ranch and Cohasset areas together,
but they are 25 miles apart via roadway. He felt 88 percent of this years
taxes went to one department. There was a call for Whispering Pine Lane
and the deputy was unable to located it, he felt people should be sent in
the area if they were aware of the geographies. He felt it was faulty
judgement on the response to the resident who was tied and robbed in the
Cohasset area. A lot of calls are minor and of a civil matter. He had
submitted his letter to the newspaper and Supervisor Wheeler read it into
the record at a previous meeting. He distributed his letter at this time.
William Burch, Forest Ranch, stated he had listened to the --.
accusations and counter accusations. He is concerned about the whole
county. The community of Forest Ranch believe in the benefit of patrolling
not necessarily in answering calls, but in prevention of them. He felt
the Sheriff's budget was the largest in the history of the county.
Supervisor Wheeler stated they have heard the concerns of citizens.
They do not have control over the levels of staffing they continue to provide.
She felt there were valid concerns. They felt a Neighborhood Watch Program
would be helpful.
Chairman Moseley stated she felt they were a county family. They
need to work towards an end as they have in the past. Possibly the deputies
should show some gratitude.
Charles Scull, Upper Ridge, stated he wished to thank Supervisor
Lemke and the Board for addressing the disaster plan for the Upper Ridge.
They have met with Mr. Struthers and should have a plan by Friday. They
have many knowledgeable people in their area on the committee.
SUPERVISOR WHEELER ABSENT AT THIS TIME
The 'Upper Ridge has an active Neighborhood Watch Frogram in effect.
2600
APPEARANCES: LOUIS CAMENZIND, JR.
Louis Camenzind, Jr., Durham, stated he is concerned about the
increased equipment related to the almond harvesting. It is not necessary
for them to obtain permits to expand. The blower causes a big cloud of
dust and near accidents on the road
The Board suggested Mr. Camenzind, Jr. visit the Air Pollution
Office and discuss his cancerns.
Page 379.
October 27, 1981
81= 2601
3'
2602
2603
2604.
_ _ _ _ _ _ _ = 9c~ o17ex ?73 19$1_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ADOPT RESOLUTION 81-251 - IMPLEMENTING PROVISTONS OF GOVERNMENT CODE SECTIONS
68072.1, 68073.2__AND 68073.4 (AB 189)
On -motion of Supervisor Lemke, seconded'by Supervisor Dolan and
carried, Resolution 81-215. implementing the provisions of Government Code
Sections 68073.1, 68073.2 and 68073.4 ~ 189 to establish a criminal
justice facility temporary construction fund was adopted and the Chairman
authorized to sign.
AYES: Supervisors Dolan, Lemke, Saraceni and Chairman .Moseley ABSENT:
Supervisor Wheeler
APPROVE BUDGET TRANSFERS
On motion of Supervisor Dolan, seconded`by Supervisor Lemke and
carried, the following budget transfers were approved:
B-41 - Central Stores. Transfers $211 from transportation and
travel to fixed assets - equipment to provide an'appropr.iation to pay the
use tax for the paper salvage trailer which was unbudgeted for last year.
B-45 - Administrative Office. Transfers $3,000 from the reserve
with $300 going to rents and leases - equipment and $2,700 to fixed assets -
equipment to provide an appropriation to pay the lease on the present
department vehicle and to provide an appropriation to acquire a new vehicle.
B-59 - Manpower Administration. Provides various transfers of
funds within the Manpower Administration budget unit to provide approp-
riations for a clerical training instructor and an instructor's aide for
the Title IIB clerical training program in a total amount of $23,000.
B-60 - Community Action Program. Transfers within the Community
Action Agency's Rural Home Repair Program to establish an appropriation of
$7,500 for home repair activities.
B-6l - Community Action Program. Establishes a budget approp-
riation in the Community Action Agency Supplemental Head Start Handicapped
Grant Program through unanticipated revenues in the amount of $2,056.
B-62 - _Housing and Community Development. Provides an increase
to Housing and Community Development administration in the amount of $1,121
with funds to come from Housing and Community Development program income
account.
B-64 - Various. Provides appropriations in accordance with the
two percent salary increase. This results in an increase of $419,007 in
salaries and benefits funded by $221,486 from the reserve, $49,206 from the
road reserve and $148,315 from unanticipated revenues.
B-65 - Oroville Justice Court. Transfers $400 from professional
and specialized services to fixed assets - equipment to provide an approp-
riation for the purchase of two dual pitch typewriters.
AYES: Supervisors Dolan, Lemke, Saraceni and Chairman Moseley ABSENT:
Supervisor Wheeler
APPROVE FINAL MENTAL HEALTH SUBMLSSION OF ALCOHOL PROGRAM BUDGET
On motion of Supervisor Dolan, seconded by Supervisor Lemke and
carried, the final submission to the State Department of Alcohol and Drug
Programs .for the fiscal year 1981-82 was approved.
ABSENT: Supervisor Wheeler
APPROVE PUBLIC HEALTH- ITEMS
On motion of Supervisor Dolan, seconded by Supervisor Saraceni
and carried, the following Public Health items were approved:
Page 380.
October 27, 1981
81-
'b
2605
'2606
2607
'2608
2609
_ _ _ _ _ _ _ _ _ _ _ = Octolaer 27 z 19$1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
1. Approved yariance renewal for Mamie Wood to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on AP 27-28-30,
8025 Grier Avenue, Palermo area, zoning: "A-5".
2. Approved variance renewal for Charles Rust to Sections 19-10
and/or 19-12 of the Butte County Code fox placement of a mobile home on
AP 26-25-32, Lone Tree Road, Palermo area, zoning: "A-5".
3. Approved variance renewal for Harold J. Laney to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home on
AP 28-19-26, 305 Dun stone Drive, Oroville area, zoning: "A-5".
AYES: Supervisors Dolan, Lemke, Saraceni and Chairman Moseley ABSENT:
Supervisor Wheeler
PUBLIC HEARING DATES SET
Public hearing dates were set for November 24, 19$1 at 10:00 a.m.
for the following Public Health items:
1. John Danly petition .for variance to Sections 19-TO'and/or 19-12
of the Butte County Code for placement of a mobile home ott AP 72-27-41, Box
7203 Foxbestown Road, Feather Falls area, zoning: "SH - MR".
2. James J. Lancaster petition for variance .to Sections 19--10
and/or 19-12 of the Butte County Code for placement of a mobile home on
AP 28-30-31, Box 82, 1/4 mile west of Oro_Bangor Highway on Bangor Park
Road, zoning: "A-5".
twvri rcr•a UJaU J.1 VAV 01-G>L - .7 VPICIHL(i t1P t11VUVLV I"1GLV1 VLV LiY OLY-JV-V7
On motion of Supervisor Lemke, seconded by Supervisor Dolan and
carried, Resolution 81-252 a summary abandonment of a portion of Glen Avenue
reserving therefrom the public utilities easement for AP 68-30-05 was adopted
and the Chairman authorized to sign.
AYES: Supervisors Dolan, Lemke, Saraceni and Chairman Moseley ABSENT:
Supervisor Wheeler
ADOPT RESOLUTION 81-253 - PUBLICHEARTN~-DATE'SET =`RENAMING :ROADS (OROVI'
On motion of Supervisor Lemke, seconded by Supervisor Dolan and
carried, Resolution 81-253 setting a public hearing date of November 24,
1981 at 10:15 a. m. for renaming of roads in -the Oroville areas as follows:
Existing Name Termini
Proposed_Name
Mt. Ida Road Olive Highway to Millet Lane Lost Horizon Drive
Oro-Bangor Highway Oro-Bangor Highway to End Melandjo Court
'.Ponderosa Way Oro-Quincy Highway to End Encina Grande Road
Nash's Road Palermo Drive to Plnmas Dri~re Nash Lane
AYES: Supervisors Dolan, Lemke, Saraceni and Chairman Moseley ABSENT:
supervisor Wheeler
UPERVISOR WHEELER PRESENT AT THIS TIME
PUBLIC HEARING DATE SET
A public hearing date of January l2 ,'1981 at 10:00 a.m: was set
for theGary Rawlins proposed negative declaration'regarding'environmental
impact and rezone from "R-4" (maximum density residential - restricted service)
and "A-R" (agricultural - residential) to "PA-C" (planned area - cluster),
property located on the southeast corner of East Avenue and Alamo Avenue,
identified as AP .42-07-168, 169 and 170, Chico.
RESOLUTION 81-254 AND "81=-255-PUBLIC HEARING"SATES. SET-"F1E7R
On motion of Supervisor ,Lemke, seconded by Supervisor'
ously carried, the followng=~Sere`approved:
Page 381.
October 27, 3981
•~1
October 27, 1981
s1'-
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2610
2611
2612
1. Adopted Resolution 81-254 setting apublic-hearing date of
December 1, 1981 at 10:00 a. m.-for the Steve Sieke abandonment of the public
utilities and recreational easements on Lot 131, Paradise Pines, Unit 4k8
an d, the Chairman authorized to sign.
2. Adopted Resolution 81-255 setting a public hearing date of
December 1, 1981 at 10:00 a.m. for the Robert M. Freeborg abandonment of
public utilities and recreational easements, Paradise Pines Unit APB, Lots
45, 96, 97, 109, 110 and 111 and the Chairman authorized to sign.
DISCUSSION: CONSIDERATTON OF THE ESTABLISHMENT OF A LEASH LAW WITHIN
CERTAIN UNINCORPORATED AREAS OF THE COUNTY - CONTINUE TO LATER IN THE
MEETING
Discussion of consideration of the establishment of a leash
law within certain unincorporated areas of the county was held at this
time.
Supervisor Wheeler stated before they took action on the leash
law they should discuss the issue of additional $29,000 for those services
from Animal Control.
Supervisor Lemke stated an individual from Animal Control made
the statement at a meeting in Paradise Pines what they needed was a leash
law to enable them to enforse the problem with the dogs. Now-they say
they need an additional $29,000 more to the original contxact to enforce
the leash law.
Supervisor Dolan stated maybe they could make a policy where
Animal Control only responded upon a complaint basis. They would not
need to increase staff for patroling if it was done on a complaint basis.
Clif Nickelson, administrative officer, stated he felt they
should not change their contract at all.
Del Siemsen, county counsel, stated they could include boundaries
outside of the Upper Ridge.
Supervisor Wheeler stated she was not in favor on a county wide
basis. The agriculture community is against the pzoposal.
The matter was continued to later in the meeting.
RECESS: 3:32 p.m.
RECONVENE: 3:40 p.m.
APPOINTMENT TO THE NORTHERN CALIFORNIA HEALTH SYSTEMS AGENCY
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
unanimously carried, the appointment of Margaret Dietz to the Northern
California Health Systems Agency was approved.
WAIVE FIRST READING OF LEASH LAW WITHIN CERTAIN UNINCORPORATED AREAS OF
THE COUNTY
Consideration of the establishment of a leash law within certain
unincorporated areas of the county was held as continued.
Discussion was held regarding the leash law at this time.
Clif Nickelson, administrative officer, stated should the present
contractor no longer handle the animal control they could contract out with
another firm. 0r the county could take the program over again. The current
contract has been budgeted for. They generate funds through dog license fees.
Page 382.
October 27, 1981
8Ij
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2613
2614
2615
October 27, 1981
It was moved by Supervisor Lemke, seconded by Supervisor Wheeler,
to waive the first reading of an ordinance for-the establishment of a leash
law within certain unincorporated areas of the county to be within the
Paradise Pines area~map and an additional map as submitted to be on a
complaint basis.
Supervisor Wheeler stated she had received telephone calls from
specific area in the north Chico area. She felt she would need more time
to contact people. There have been letters to the editor and the people
in agriculture are opposed.
Supervisor Dolan stated they had received a letter from Louise
Shannon in support of the leash law. The letter was submitted.
Moseley
Vote on motion:
AYES: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman
Motion carried.
COMMUNICATIONS
Heng Chan Lee. Ms. Lee writes expressing appreciation for the Oroville
Chinese Cemetery clean-up project and requests that the cemetery
be retained under the authority of the Butte County Board of
Supervisors. Information; letter to be sent by Administrative
Office.
ADOPT RESOLUTION 81-256 - TWO CENT GAS TAX'ADDITION (SB 215)
Clay Castleberry, public works director, stated the two cent gas
tax would build up the road funds which have been low.
Supervisor Wheeler stated often they discuss that the user should
pay and she felt this would be the case. A token portion will come back
to the county.
Chairman Moseley noted two letters from the City of Oroville
and the City of Chico in support of the two cent tax addition on gasoline.
Supervisor Bolan stated this would increase the tax on gasoline
per gallon. The money will reimburse the road maintenance and repair fund.
She does not like increases, but this will help within the county.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, Resolution '81-256 for additional revenues through SB 215 with a
two cents gas tax addition with a portion being returned to the county
was adopted and the Chairman authorized to sign.
AYES: Supervisors Dolan, Saraceni and Wheeler
NOES: Supervisor Lemke and Chairman Moseley
COMMUNICATIONS - CONTINUED
Appointment - Oroville Cemetery District. The Oroville Cemetery 'District
forwards its recommendation to appoint Joseph D. Ranieri to fill
a vacancy on the cemetery district board. Information; Adminis-
tration to prepare packet for Board members.
Mr. and Mrs. Charles P. DeLouch, Magalia. Mr. and Mrs. DeLouch write in
support of the Richard Hare parcel division. Information;
considered earlier in the meeting.
Robert M. Huskey, Oroville. The engineer, on behalf of E11is Foster, appeals
the Advisory Agency`s-~~ia3 of conditional negative dec~:aration
Page 383.
October 27, 1981
----------====Ottaber=27, 181 =_________ _____
81- regarding environmental impact and tentative parcel map, AP 41-25-27,
'y ', LL parcels, property located at the intersection of Cherokee Road
and Oregon Gulch Road, Oroville area. Set for public hearing on
', November 10, 1981 at 10:15 a.~m.
Linda Bates, Magalia. Ms. Bates writes providing information on the proposed
parcel division submitted by Richard Hare. Information; considered
earlier in the meeting.
Ray E. Johnson, Jr., Chico. Mr. Johnson writes requesting a change in the
approved road surface to chip-seal on a private driveway on
Salishan Court, Chico (AP 45-41-2-90, 91 and 92). Referred to
Public Works.
Mr. and Mrs. David McNamar. Mr. and Mrs. McNamar write in support of the
Richard Hare lot split. Information; considered earlier in the
meeting.
Thermalito Irrigation District. Vurden L. Tolman, president, writes on
behalf of the Thermalito Irrigation District and proposes an
amendment to the joint powers agreement with the Thermalito
Irrigation District and County Service-Area No. 26 regarding
drainage maintenance. Information; the matter is scheduled for
hearing on December 8, 1981. County Counsel and Public Works
to look over it after formation.
Alfred J. Howard, Magalia. Mr. Howard writes in opposition to the Richard
Hare land division. Information; considered earlier in the meeting.
Leon F. Marvin, Magalia. Mr. Marvin writes in opposition to the Hare land
division. Information; considered earlier in the meeting.
Lippincott-Guth Associates. The engineers, on behalf of J. Blaut, appeal
the Advisory Agency's Condition No. 12 (.provide circulation to a
publicly maintained road via at least two routes to comply with
the General Plan and the Subdivision Ordinance) on tentative
parcel map, AP 55-46-01, four parcels, on the end of Stonely
Brook Lane off of Round Valley Ranch Road, Paradise area. The
public hearing was set for November 11, 1981 at 10:30 a.m.
Ted Cleveland, Paradise. Mr. Cleveland submits his application for appoint-
ment to Butte County Treasurer-Tax Collector. Information; to
be placed on file.
Richard A. Ballantyne, Magalia. Mr. Ballantyne writes regarding the issue
of Sheriff's Department personnel and the issue of their political
conduct. Referred to the Sheriff for a report back.
Bob J. Myers;; Oroville. Mr. Myers writes supporting the nomination of Dr.
William B. Dobis as a member of the Board of Trustees of the
Oroville Cemetery District. Information; no action taken.
Dr. William B. Dobis, Oroville. Dr. Dobis requests that the Board consider
him for the appointment to the Oroville Cemetery District Board of
Trustees. Information; no action taken.
League of Women Voters of Butte County. The League forwards information
concerning the Measure A - Canyon rezone forum to beheld on
October 29, 1981. Information; no action taken.
Butte County Farm Bureau. H. E. Santos, president,.writes regarding the
passage of AB 2074 re~g'iing Williamson Act cancellation procedure
issues. Referred to Land Conservation Act Committee.
Page 384.
October 27, 1981
81- 2616
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pctober-27,_1981
ADDITIONAL MATTERS BX BOARD MEMBERS
Supervisor Wheeler stated'they had received Carl Dorton, treasurer-
tax collectors letter regarding the consolidating of his office with the
Auditor. She would like staff to come back witFi.a proposal and some direction
from staff.
Del Siemsen, county counsel, stated they have until March 1982 to
make a final decision. There is the one year appointment that should be
considered.
ADOPT RESOLUTION 81-257 - OROVILLE-PARADISE JUDICIAL COURTS NEW HOURS
On motion of Supervisor Lemke, seconded by Supervisor Dolan and
unanimously carried, Resolution 81-257 bringing the Oroville-Paradise
Justice Courts office and court hours schedule into conformance was adopted
and the Chairman authorized to sign.
RECESS: 4:I4 p.m.
October 28, 1981
'2618
Present: •S'upervisors Lemke, Saraceni,, Wheeler'a3~d Chairman. Moseley.
Clif Nickelson, administrative officer; Del Siemsen, county counsel; and
C1 ark A. Nelson, county clerk-recorder, by Nancy Wzlson, deputy clerk. Absent:
Supervisor Dolan
RECONVENE: 9:00 a.m.
DITIONAL MATTER BY BOARD MEMBER
Chairman Moseley stated later in-the meeting she would like to
scuss the issue of the consolidation of the courts. At the hearing held
sterday she stated she had received no telephone calls regarding the
blic being for or against consolidation. Yesterday and-today theid~=
re numerous calls from unhappy citizens regarding the court consolidation.
2619 UBLIC HEARING: RICHARD HARE APPEAL OF PLANNING COMMISSION'S DENIAL OF
EGATIVE DECLARATION AND VARTANCE TO MINIMUM LOT SIZE REQUIREMENTS TO
LOW THE CREATION OF TWO PARCELS ABOUT 1.8 ACRES (.GROSS) ON PROPERTX
ZONED "ARNH-3" (AGRICULTURAL RESIDENTIAL MOBILE HOME - 3 ACRE PARCELS),
ROPERTY LOCATED ON THE NORTH SIDE OF MAGALIA-NIMSHEW ROAD AT CARNEGIE ROAD,
ORTH OF PARADISE IDENTIFIED AS AP 64-65-14
The hearing on the Richard Hare appeal of the Planning-Commission's
enial of negative declaration and variance to minimum lot size requirements
o allow the creation of two parcels about 1.8 acres (gross) on property
oned "ARMH-3" (agricultural residential mobile home - 3 acre parcels),
roperty located on the north side of Magalia-Nimshew Road at Carnegie Road,
orth of Paradise, identified as AP 64--65-14 was field as closed and continued.
Del Siemsen, county counsel, stated his opinion was by asking the
ntire piece of property to be split or to be available to less than the
', resent zoning it would be substandard to the present zoning. Planning
', irector Bettye Blair has presented the members with a memo regarding their
onference on the matter.
DOLAN PRESENT AT THIS TIME
Mr. Siemsen stated when he discussed the issue with Ms Blair, the
or concern was the fact the zone would be defacto. Her concern was the
t the code has only zone which it prohibits. Tt is a problem when
gle come in and ask for an application. She has no basis to say you cannot
ly for a variance. This is the only area they disagree. He felt they
Pa~2 385.
October 28, 1981