HomeMy WebLinkAboutM110381November 3, 1981
OF CAT,IFORNIA )
SS.
OF BUTTE )
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The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Presents Supervisors Dolan, Lemke, Saraceni, Wfieeler and Chairman Moseley.
Clif Nickelson, administrative officer; Del Siemsen, 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
Tnvocation by Clay Castleberry
APPROVAL OF MINUTES
Consideration of approval of minutes of October 27 and 28, 1981
was continued to November 10, 1981.
ADDITIONAL AGENDA ITEMS BY BOARD MEMBERS TO BE ADDRESSED AT THE END OF THE DAY
Supervisor Lemke stated that there is a need for a CSAC board
member.
Supervisor Wheeler stated that if Supervisor Lemke was not
interested in continuing as a CSAC Soard of Directors member, she would
be willing to take the position.
Supervisor Saraceni stated he would be giving a report on the
Emergency Medical Care Council.
ADOPT RESOLUTION 81-259 AMENDING PERSONNEL RULES: RATIFY MEMORANDUM OF
UNDERSTANDING
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, the following action was taken:
1. Ratified the final Memorandum of Understading.that had been
signed by the county and the union negotiators for this fiscal year.
2. Adopted Resolution 81-259 making several changes in the
Personnel Rules pursuant to the Memorandum of Understanding with the
employees' union and the Chairman authorized to sign.
ACCEPT PROPOSAL OF STEVENS, VILLARAMA & ASSOC. FOR CONSULTANT SERVICES TO
REVIEW COUNTY'S COST ALLOCATTON PLAN
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the proposal of Stevens, Villarama & Associates
for consultant services to review the county's cost allo:catimn.plan for
the purpose of increasing the recovery of support costs was accepted on a
contingent fee basis, not to exceed $4,000.
APPROVE FACILITIES MANAGEMENT CONTRACT WITH SCT
On motion of Supervisor Wheeler, seconded by Supervisor Lemke
and unanimously carried, the contract with Systems and Computer ,Technology
(SCT) to provide for facilities management services at the Data Processing
Center for a three year term effective January 1, 1982 at a base cost of
$787,000 was approved and the Chairman authorized to sign.
APPROVE COMMUNITY CARE LICENSING CONTRACT
On motion of Supervisor Lemke, seconded by Supervisor Wheeler
and unanimously carried, the contract with the State Department of Social
Services to provide funding in the amount of $48,265 for the foster family
home licensing 'function with no county funds involved was approved and the
Chairman authorized to sign.
page 392.
November 3, 1981
November 3, 1981
81-2629 ADOPT RESOLUTION 81-260 APPROVING AMENDMENT N0. 1 TO STANDARD AGREEMENT FOR
b MEDFLY PROGRAM
It was moved by Supervisor Wheeler, seconded by Supervisor Lemke
that Resolution 81-260 approving amendment No. 1 to Standard Agreement with
the State Department of Food and Agriculture in an amount of $132,167 that
calls for the placement and service of 900 Medfly traps which will. require
the hiring of two additional agricultural biologist/weed vertebrate pest
control workers to assist existing personnel in the program be adopted and
the Chairman be authorized to sign.
Joe Bandy, agricultural commissioner, set out the background of
the amendment. The reason they have requested either the agricultural
biologist or weed vertebrate positions is to allow flexibility in utilizing
the existing staff members. The Board reduced the weed program by 50 percent
in the county's effort on that program and eliminated the chemicals. The
pay for the first or second steps of these positions is very close.
Supervisor Lemke wondered if the county hired the lower paying
position, if there would be a way to save money. Would it be necessary
to have an agricultural biologist to do this type of work in setting out
and checking the traps? In some counties, they are using CCC personnel.
Mr. Bandy stated that the person would also have to go back
over the traps and check and reposition the traps if necessary. There are
certain things to look for. In Butte County there are now five traps
per square mile in the dense areas. Every so often, these traps have to
be evaluated by the state and federal people. The trap placement is most
important. They perfer to have someone with a biology background.
Supervisor Lemke was not trying to downgrade the problem. He
wanted to make sure the county was doing everything they could for the
most reasonable costs.
Mr. Bandy advised they had billed the state for the first
three months of this year. That amount was for $22,000. They have increased
the total traps from 425 to 900 traps within this period: The density for
the traps is required by the foreign countries in order for the commodities
to be sold overseas. The trapping program must be in place and maintained
year-aroun3. The first billing for $22,000 involves supervisory time and
administrative time. There is the need to hire new people to handle this
program. He felt this program wou•1d continue for three to five years.
C1if Nickelson, administrative officer, had several questions.
He did not know this program would continue for three to five years.
He was not arguing with the positions being requested. There are four
persons assigned to this program with these two additional positions.
He was assuming that these positions would be used full time for this
program, or the county could be claim cut in the future. When the program
is over, the people would go. If this program is going to go for three
or five years, the Board might want to have a classification established
specifically for this program. This amendment includes $5,000 for administra-
tion; $4,000 for one deputy commissioner; $5,000 for biologist III
supervisory time; and 15 percent overhead factor. He felt the Board was
setting the stage for future claim cutting because of the overhead factors
in this amendment.
Mr. Bandy stated that as soon as they were required to increase
to five traps, the state was willing to allow that much more time for the
program. This is a one-time only recuperation-for the activities that
have been done. There are two full-time positions funded under the Medfly
program. The two additional positions would also be funded this way.
Fage 393.
November 3, 1981
November 3, 1981
81- The overhead of I5 percent also reflects the clerical involvement. This was
$ an emergency situation. It has been looked at by the state and has been
submitted to the Department of Finance. There may be a question about
the 15 percent overhead. They have been billed for $22,000 for the first
three months of the program.
Supervisor Lemke would want-to know that the grant was written
rectly, so it does not come back to the county. He had no objection
submitting the application for the personnel and he did not want second
t as far as dealing with the agriculture in Butte County.
Supervisor Wheeler asked-that Mr. Bandy prepare a memo for the
advising them of the activities involved in this issue.
Vote on motion:
AYES: Supervisor Dolan, Lemke, Saraceni, Wheeler and Chairman
Moseley
NOES: None
Motion carried.
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APPROVE/DENY PENALTY ABATBMBN'1' lid Ulf ~Sla
On motion of Sug~rvisor Saraceni, seconded by Supervisor Dolan
and unanimously carried, the following action was taken:
1. Approved penalty abatement request for Mr. & Mrs. Steve
Silacci, AP 005-16-1-004-0, AP 005-16-1-008-0
2. Approved penalty abatement request for Mr. & Mrs. Scott
Olry, AP 031-25-4-010-0
3. Approved penalty abatement request for Mr. Jerome M. Cusick,
AP 051-01-0-118-0, AP 051-01-0-126-0
4. Approved penalty abatement request for Mr. & Mrs. Charles W.
Goss, AP 069-2b-0-Olb-O, AP 069-26-0-017-0
5. Approved penalty abatement request for Mr. & Mrs. Jack
O'Neill, AP 012-22-3-004-0
6. Approved penalty abatement request for Mark & Gary Medearis,
AP 005-08-6-008-0
7. Approved penalty abatement request for Mr. & Mrs. Randy
Barker, AP 066-23-0-052-0
8. Denied penalty abatement request for State Savings & Loan
(Association, AP 010-25-0-027-0
9. Denied penalty abatement request for Steven Pat Bigelow,
AP 041-O1-0-140-0
APPROVE BUDGET TRANSFERS
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously•.carried, the following budget transfers were approved:
B-66 - Welfare Administration. Transfers $1,875 from professional
and specialized services - receiving homes, together with federal revenue,
x$11,250 and state revenue, $1,875; establishes an appropriation totalling
'$15,000 in professional services -.District Attorney services in order to
provide for the prosecution of,fo:od•`stamp fraud cases.
Page 394.
November 3, 1981
November 3,~ 1981
g],- B-67 - Auditor - Controller. Transfers $4-,000 from the reserve
~ to professional and specialized services in order to establish an appropriation
for a cost allocation consultant fee, payment of which is contingent upon
specific performance by the consultant.
B-69 - Federal Revenue Sharin -Plant Acquisition. Transfers $354
from fixed assets - structures to the communications account~of the Chico
ibrary project in order to cover telephone services for the balance of the
current fiscal year for accounting purposes.
B-7D - Public Works - Road and Bridge Construction. This transfer
ppropriates federal funds, $359,244 and City of Chico contributions, $21,258
or additional funding to the Dayton Road relocation project. The transfer
lso increases the expenditure appropriation for the construction project,
327,100 and related engineering costs, $50,060. Part of this transfer
ecognizes a decrease of HUD revenue and engineering costs of $31,000 for
he South Oroville street improvement project. This action thereby results
n an overall decrease of $19,060 in preliminary engineering costs in the
ublic Works construction budget and together with $3,342 of county over
atching funds; allows the transfer of these appropriations totalling
22,402 to the road construction fund reserve.
B-71 - Welfare Special Program - Child-Sexual Abuse Treatment.
ansfers $69 from the reserve together with federal aid - Office of Criminal
;tice Planning, $2,368; thereby increasing the'appropriation in the 1981-82
ild Sexual Abuse Treatment Program .in professional and specialized services,
,437. This transfer is pursuant to grant modificatioxt ~~l as approved by
Office of Criminal Justice Planning on September 3, 1981.
B-72 - Sheriff - Incarceration. Increases the appropriation for
ra help, $2,500; overtime, $1,179; employee benefits, $1,000; and trans-
tation and travel, $4,317. Funding totalling-$8,996 is from a corrections
fining grant in accordance with approval received from the State Board of
rections.
B-73 - Manpower. Administration. Increases the appropriation in
usehold expense, $2,000 for increased expenditures for janitorial services
th funding coming from unanticipated federal revenue.
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E-EXE
CAA
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
nd unanimously carried, the merit increase from Range-23.5, Step D to
ange 23.5, Step E for the Executive Director of Community Action Agency
as approved.
2633 DISCUSSION: SENIOR NUTRITION PROGRAM USE OF GRIDLEY VETERANS MEMORIAL
L - CONTINUED TO NOVEMBER 10 19$1
Discussion of the Community Action Agency -using the Gridley
eterans Memorial Hall for a senior nutrition program satellite was held
at this time.
Clay Castleberry, public works director, stated he was not asking
:he Board to not approve the use of the hall. He asked that this be
continued so he could discuss this matter with Mr. McNaughton. He had some
concerns about some of the provisions in the rental agreement. He would like
.o meet with the existing users of the hall who also express some concern.
~e did not feel the offer of the rental rate of $100 per month was enough.
3e had questions on the joint use of the kitchen area. He did not feel they
should apply the entire cost of the rental fee for this purpose. He was
3skine that the matter be continued.
Page 395.
November 3, 1981
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Jim McNaughton, exeuctive director of CAA, stated they had contacted
thirteen churches and four other organizations unsuccessfully trying to find
a place for this activity. He did not know where they would get any more
money.
The matter was continued to November 10, 1981.
APPROVE MENTAL HEALTH ITEMS
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and unanimously carried, the following action was taken:
1. Approved agreement with the Work Training Center for the
Handicapped, Inc. to provide a work experience program consisting of day
rehabilitation, janitorial training and landscape training for the period
October 1, 1981 through June 30, 1982 with the contract calling for the
center to provide a maximum 4,680 hours of service at a maximum cost of
$70,848 and the Chairman authorized to sign.
2. Approved agreement with the Work Training Center for the
Handicapped, Inc. to provide clients with psychiatric rehabilitation programs
in the areas of leisure, recreation and socialization for the period
October 1, 1982, through June 30, 1982 with services to be provided for
the day care program and at Esplanade Manor totalling 1,704 hours of
service at a maximum-cost of $31,110 and the Chairman authorized to sign.
3. Approved agreement with Trinity County for Butte to provide
psychiatric in-patient care of clients referred by Trinity covering the
period July 1, 19$1 through June 30, 1982 with 'payment perms. for $150 per
patient day (anticipated maximum, $4,300), plus legal and transportation
costs and the Chairman authorized to sign.
APPROVE VARIANCE RENEWALS
•On mdation of Supervisor Wheeler, seconded by Supervisor Saraceni
and unanimously carried, the following were approved:
1. Approved 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" for Grace
Burleson.
2. Approved variance renewal to Sections 19-10 and/or 19-12
of the Butte County Code for placement of a mobile home on AP 27-09-24,
2760 Louis Avenue, Oroville area, Zoning: "A-5" for Al Lindquist.
PUBLIC HEARING DATE SET
A public hearing date of December 15, 1981 at 10:00 a.m. was
set for consideration of the draft environmental impact report and final
report of the countywide septage study..
ADOPT RESOLUTIONS 81-261 & 81-262: APPROVE PUBLIC WORKS ITEMS
On motion of Supervisor Wheeler, seconded by Supervisor Lemke
and unanimously carried, the following action was taken:
1. Approved the deposit by the developer for taxes or special
'.assessments which are a lien, but not yet payable; approved the final map
for Mountain Village Subdivision, 17 lots, AP 63-11-24 through 27, property
located on the north side of Highway 32 in the vicinity of Forest Ranch
(access to the subdivision is off Nobel Avenue), Forest Ranch area; accepted
the easements described in the owner's certificate offered for dedication
to specific public agencies and utilities on behalf of those entities
only (note: Forest Ranch Way and Snow Mountain Way offered for dedication
to the public for county road pw.rposes were not accepted at this time on
Page 396.
November'3, 1981
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~ehaif of the public); authorized the Chairman to sign the.deed granting
~ one-foot no-access strip; and authorized the Chairman to sign the subdivision
agreement.
2. Adopted Resolution 81-261 establishing a four-way stop at
the intersection of West Fourth Avenue and Warner Street and the Chairman
authorized to sign.
3. Adopted Resolution 81-262 authorizing execution of Program
Supplement No. 20 (Revision 2) to Master Agreement No. 03-5912 (federal aid
projects) covering the funding of the Dayton Road relocation and closure of
the existing at-grade crossing of the Southern Pacific Railroad with the
total cost estimate of the project being $401,760, with funding as follows:
federal, $359,244; county, $21,258; and City of Chico, $21.,258 with this
an amendment to the supplement that was approved by the Board on July 14,
1981 and the Chairman. authorized to sign.
AUTHORIZE PUBLIC WORKS DIRECTOR TO ALLOW CHIP AND SEAL PAVING SURFACE
ON SALISHAN COURT FO~t RAY E. JOHNSON JR. TENTATIVE PARCEL MAP
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and unanimously carried, the Public Works Director was authorized to allow
chip and seal paving surface on Salishan Court for Ray E. Johnson, Jr.
for AP 45-41-2-90, 91 and 92 on his tentative parcel map.
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ADOPT RESOLUTIONS 81-263 THROUGH 51-268: PUBLIC-HEARING-DATES SET
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and unanimously carried, the following action was taken:
1. Adopted Resolution 81-263 setting a public hearing date of
December 1, 1981 at 10:00 a.m. for considexation of Charles D. McCulley
abandonment of a public utilities and recreational easement, Paradise Pines
Unit 11, Lots 130, 104, 103, 112-116, and Paradise Pines Unit 10, Lot 173
and the Chairman authorized to sign.
2. Adopted Resolution 81-264 setting a public hearing date of
December 1, 1981 at 10:00 a.m. for consideration of Paul Tyler abandonment
a£ an alley, AP 31-237-08, located on the southwest corner of 7th and Yuba,
Thermalito and the Chairman authorized to sign.
3. Adopted Resolution 81-265 setting a public hearing date of
December 1, 1981 at 10:00 a. m. for consideration of Harry Moscussi abandonment
of public utilities easement, Paradise Pines, Unit 12, Lot 53 and the
Chairman authorized to sign.
4. Adopted Resolution 81-266 setting a public hearing date of
December 1, 1981 at 10:00 a. m. for consideration of William Smith abandonment
of public utilities and recreational. easements, Paradise Pines Unit 2,
Lot 8 and the Chairman authorized to sign. .
5. Adopted Resolution 81-267 setting a pubhic hearing date of
December 1, 1981 at 10:00 a.m. for consideration of Raymond Campbell
abandonment of public utilities and recreational easement, Paradise Pines
Unit 15, Lot 98 and the Chairman authorized to sign.
6. Adopted Resolution 81-268 setting a public hearing date of
December 1, 1981 at 10:00 a.m. for consideration of Robert Selby abandonment
of public utilities and recreational easement, Paradise Pines Country Club
Estates Unit 2, Lot 18 and the Chairman authorized to sign.
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Page 397.
November 3, 1981
81:2640
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PUBLTC HEARINGLLDATES SETS DISCUSSLON REPORT TO THE BOARD, GENERAL PLAN
AMENDMENTS FOR-DAN HAYS FOR INDUSTRIAL AND CHLCO"AREA LAND USE-PLAN (GREENLINE)
Discussion of the report to the Board on the General Plan amendments
for Ban Hays for industrial and Chico Area Land Use Plan (Greenline) was
held at this time.
Charlie Woods, planning department, stated that the Board can
make one more General Plan amendment this calendar year. He wondered
whether the Board wanted to hold these two items together or separate.
Supervisor Wheeler felt that realistically, they should be
separated. She felt it would take more than-one month to consider the
Chico Area Land Use Plan. The Board has five weeks until next year to
consider this matter.
Supervisor Dolan stated she had already made arrangements to
obtain the information about this from her Planning Commissioner. She
suggested that the hearing be at least one month from now.
Supervisor Lemke felt that if the Board knew ahead of time,
this would be a lengthy hearing, possibly the .Chico matter should be
scheduled for a Tuesday afternoon and then continued to a Wednesday
morning. If this is a long drawn out meeting, they should plan for it.
The hearing on the Chico Area Land Use Plan (Greenline) was
set for December 9, 1981 at 9:00 a.m.
Supervisor Wheelex felt that the two matters should still be
separated. She would not want to compromise her decision because she
was concerned about making the decision by the end of the year.
Discussion of notification to property owners in the Chico area
held at this time. Mr. Woods stated that one of the items brought forward
from the Planning Commission was discussion on notification to property
owners. The Commission felt that the property owners between the original
line and the existing line should be notified.' He estimated this would
be approximately 167 property owners.
Supervisor Wheeler thought that was a valid consideration. They
will be talking about an issue that will have a 20-year effect on those
people directly involved. She felt they should be notified. This will
affect the county as far as future land use.
Supervisor Dolan stated that this is one of the things on the
(surface that sounds like a motherhood issue. She was supportative of that.
She thought that the hearing should be noticed as widely-and as adequately
as the county can. To just notify those property owners only, she disagreed.
Supervisor Wheeler stated that when the county hits someone
in the pocket book they should be notified.
Supervisor Lemke stated there is a difference between getting
hit with taxes and how it effects the future.
Supervisor Dolan stated she was not saying do not let people
know about the hearing.
Supervisor Wheeler stated that once again government was
dictating to property owners what they can and cannot do with their land.
Because the Board establishes this line, it does not mean they will have
to pay taxpayers out of pocket money to provide the services.
Page 398.
November 3, 1981
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It was moved by Supervisor Lemke, seconded by Supervisor Saraceniy
that the county use the normal-procedures for advertising the public hearing
on the Chico Area Land Use Plan (Greenline); in addition, anyone that's been
effected as set out by Mr. Woods has suggested because of changes not
'Heretofore noted made by the Planning Commission and what was proposed
and what is currently proposed, be additionally notified by postcard..
Supervisor Dolan stated that she would not vote against the
motion. She would also like to see postcards sent to those who testified,
personally or organizationally, or presented information at the Planning
Commission.
Motion amended:
Notice by postcard to also include all who, individually or
organizationally, testified at the Planning Commission hearings.
Vote on motion:
AYES: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman
Moseley
NOES: None
Motion carried.
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The public hearing date for Dan Hays General Pian amendment for
industrial was set for December 8, 1981 at 10:00 a.m. to be continued to
December 9, 1981 at 9:00 a.m. with the Chico Area General Plan amendment.
APPOINTMENT TO THE OROVILLE CEMETERY DISTRICT BOARD OF TRUSTEES
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and unanimously carried, William B. Dobis was appointed to the Oroville
Cemetery District Board of Trustees.
DISCUSSION OF PLANNING, PUBLIC WORKS AND SANITATION ISSUES PERTAINING TO
THE FOREST RANCH AND COHASSET AREAS - CONTTI3UED TO NOVMEBER 10 1981
Discussion of Planning, Public Works and Sanitation issues
pertaining to the Forest Ranch and Cohasset areas was continued to
November 10, 1981.
ADOPT ORDINANCE 2254: WAIVE SECOND READING OF ORDINANCE ESTABLISHING A
LEASH LAW IN THE PARADISE PINES AREA
On motion of Supervisor Lemke, seconded by Supervisar Wheeler
and unanimously carried, the second reading of the ordinance establishing
a leash law in the Paradise Pines area was waived; Ordinance 2254 was
adopted and the Chairman authorized to sign.
RECESS: 9:57 a.m.
RECONVENE: 10:15 a.m.
SUPERVISORS DOLAN AND WHEELER ABSENT AT THIS TIME
ADAPT RESOLUTION 81-269: PUBLIC HEARING: JAMES D. ALDRIDGE ABANDONMENT
OF PUBLIC UTILITIES AND RECREATIONAL EASEMENT, PARADISE PINES COUNTRY
CLUB UNIT N0. 3 LOTS 127 130 131 132 134 & 135
The public hearing on James D. Aldridge abandonment of public
utilities and recreational easement, Paradise Pines Country Club, Unit
No. 3, Lots 127, 130, 131, 132, 134 and 135 was held as advertised.
Steve Streeter, planning department, set out the background
of the abandonment. It is in order.
Page 399.
November 3, 1981
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Hearing open to the public. Appearing: No one..
SUPERVISOR DOLAN PRESENT AT THIS TIME
Hearing closed to the public and confined to the Board.
2645
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and carried, the abandonment of public utilities and recreational easement,
Paradise Pines Country Club, Unit No. 3, Lots 127, 130, 131, 132, 134 and
135 was approved; Resolution 81-269 was adopted and the Chairman authorized
to sign. AYES: Supervisors Dolan, Lemke, Saraceni-and Chairman Moseley.
ABSENT: Supervisor Wheeler.
PUBLTC HEARING: GREENHILLS INVESTMENT COMPANY, LTD. APPEAL OF ADVI50RY
AGENCY'S CONDITIONS 7 & 19 ON-THE OAKVALE MEADOWS SUBDLVISION,-AP 68-36-114,
74 PARCELS, PROPERTY LOCATED ON THE WEST SIDE OF OAKVALE AVENUE, APPROX.
450 FEET SOUTH OF HTLLDALE AVENUE, OROVILLE AREA
The public hearing on Greenhills Investment Company, Ztd. appeal
of Advisory Agency's conditions 7 and 19 on the Oakvale Meadows Subdivision,
AP 68-36-114, 74 parcels, property located on the west side of Oakvale
Avenue, approximately 450 feet south of Hilldale Avenue, Oroville area was
held as advertised.
SUPERVISOR WHEELER PRESENT AT THIS TIME
Clay Castleberry, public works director, set out the background
of the appeal. condition 7 deals with the construction of the interior
streets with rolled curb, gutter and sidewalk and two inch asphalt for
this type of development. This is the condition called for in the
subdivision ordinance for the urban area. Staff recommendations were
similar on the similar size subdivision that is located next door to this
development. He understood there was some concern about the necessity
for the sidewalks and the street section. This property is located in the
urban area. Condition 19 required that the developer pay a portion of
the traffic signal that will be needed in the future at Olive and Oakvale
Avenues.- This is an identical condition for the suhdivision that is
located next door to this property. He felt the requirement for the
sidewalk was for safety purposes because of the density and the location
of the school.
Hearing open to the public. Appearing: Don Blake. Mr.
Blake stated he was willing to accept Mr. Castleberry's analysis of the road
section. Tf the eight inches are required, they will put in the eight
inches of paving. Their only problem with this condition is the sidewalk
portion. He could not find a need or desire for them. They do not fit
with the area. He was not too concerned with the stoplight contribution
requirement. He thought this would be a percentage of .568 with Caltrans
paying for two-thirds and the county paying for one-third of the cost.
The cost is about $120,000 total. This is the appeal of the condition
to require sidewalks on the interior streets.
Steve Streeter, planning department, stated that apparently
two other subdivisions in the area have the sidewalks. As long as there
is the contributions to the left-turn lane, he had no .problems. An
irrevocable letter of credit could be the way 'to handle the traffic
signal. He was primarily concerned about the safety for the school
age children as far as the sidewalks were concerned. There is no way
to know what is needed.
Hearing closed to the p{~blic and confined to the Board.
Page 400.
November 3, 1981
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November 3, 1981
It was moved by Supervisor Saraceni, seconded by-Supervisor Lemke
that the appeal be upheld to allow the development without sidewalks but,
in the cases where there is an engineering amount of elevation there would
be allowances to keep within the rolled curb area.
Mr. Castleberry asked for clarification of the motion. Was the
Board only granting the appeal and allowing the development without
sidewalks. He hoped the Board would take no action as far as drainage.
Supervisor Saraceni stated that the intent of the motion is
to keep the drainage within the rolled curb. The only thing being deleted
is the requirement for sidewalks.
Supervisor Dolan stated it was not as simple as it seems. There
is no big problem for waiving the sidewalks. In this area, they wish
to have consistency and it seems like the urban design boundary keeps
the county from being consistent. The sidewalks do not exist because
most of the subdivisions have been approved. She felt they should make
this requirement for all subdivisions in this area or not at all.
Vote on motion:
AYES: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman
Moseley
NOES: None
Motion carried.
2646 GENERAL ASSISTANCE FAIR HEARING REQUEST FOR CASE N0. 04-90-9775 TAKEN
OFF AGENDA
The General Assistance fair hearing request for Case No. 04-90-
9775 was taken off the agenda.
2647 PRICE SET FOR SALE OF FINAL 1981-82 BUDGET
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and unanimously carried, the price for the 1981-82 final budget was set
at $4.50.
2648 AUTHORIZE HIRING AT THIRD STEP OF RANGE FOR PSYCHIATRIST AT MENTAL HEALTH
On motion of Supervisor Lemke, seconded by Supervisor Wheeler
and unanimously carried, the hiring of a psychiatrist for Mental Health
Department at the third step of the range was authorized.
2649 COMMUNICATIONS
Jean Favilla, Chico. Ms. Favilla writes appealing the Planning Commission's
negative declaration and denial of a variance to allow the
creation of four 0.8 acre parcels on property zoned "SR-1"
(suburban residential - one acre parcels, property located on
the west side of Miller Avenue, approximately 1,000 feet south
of Chico River Road, identified as AP 39-31-15, Chico. Set
for hearing November 24, 1981 at 10:30 a.m.
Backman & Associates, Chico. The engineers, on behalf of James Johnsen,
files a late appeal of the Advisory Agency's condition 7 on
tentative parcel map, AP 47-37-20, two parcels, property located
on the southwest corner of Keefer Road and Mimosa Way, Chico.
Continued to November 10, 1981 in order for Public Works
Director to check with engineer as to why this appeal was not
filed within the 15-day period.
Board of Law Library Trustees. The Law Library Trustees forward their
resolution and annual-report pursuant to the provisions
Page 401.
November 3, 1981
81-
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November 3, 1981 ____ __~_____~
of the Business and Professions Code. Information; no action
taken.
[ienry McCall, Oroville. Mr. McCall writes thanking the Board fox the
support given in designation of the Chinese Cemetery as a
historical landmark. Held until later in the meeting.
City of Chico. The city forwards its resolution opposing the rezoning
in Butte Creek Canyon. Information; no action taken.
Senator Ray Johnson. Senator Johnson writes forwarding information
concerning the status of SB 283 (drug abuse programs).
Information; no action taken.
Senator Omer L. Rains. Senator Rains writes forwarding information
concerning AB 893 and AB 914. Information; no action taken.
APPOINT SUPERVISOR WHEELER TO CSAC BOARD OF DIRECTORS
On motion of Supervisor Lemke, seconded by Supervisor Dolan
and unanimously carried, Supervisor Wheeler was appointed to the CSAC
Board of Directors for Butte County.
ADDITIONAL MATTERS PRESENTED BY_BOARD MEMBERS
Supervisor Lemke wondered if anyone had thought about the
report on the Sheriff's Department. The Board was told there was a
resident deputy in Forest Ranch who had only made three calls and that
cost $500 per call,to have the person situated in that area. The
person was being paid to control law and crime and he only had three
calls. He wondered if they were only paying a person for the amount of
calls that are made.
APPROVE CONTRACT AMENDMENT_WITH BON RHOADES - HCD
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and unanimously carried, the contract amendment with Don Rhoades for
a problem with a collapsed sewer lateral whieh.is deemed unusable was
approved subject to the contract administrator's approval; with the
increase in the contract for rehabilitation of 2510 Fort Wayne Street
being $512 to cover the work; and the Chairman authorized to sign.
ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Wheeler asked if the Board members had received
the resolutions to be considered by CSAC at their annual meeting,
There are several resolutions the Board should be interested in supporting.
RECESS: 10:43 a. m.
RECONVENE: 11:04 a.m.
SUPERVISOR WHEELER ABSENT AT THIS TIME
Supervisor Saraceni stated he had contacted Henry McCall
regarding the work that was done by the Boy Scouts on the Chinese Cemetery.
The Scoutmaster was to be present at the Board meeting today to receive
the certificates that had been prepared.
RECESS: 11:06 a. m.
RECONVENE: 2:03 p.m.
CONSIDERATION OF SIGGS/GRIDLEY AND PARADISE/OROC!ILLE JUDICIAL COURT
CONSOLIDATIONS
Supervisor Lemke read a prepared letter by Supervisor Wheeler
on this matter.
Page 402.
November 3, 1981
~~
+1
November 3, 1981
81= Discussion of having a study done by Administrative Office,
~} lower court judges, Bar Association and Judicial Council held at this time.
Supervisor Lemke. stated he was in favor of a study as long as
it did not cost the county any money.
Chairman Moseley stated she had voted for the consolidation
of the Paradise and Oroville Judicial District last week because she had
not received-any calls either pro or con. After the action had been taken
she received several calls on the matter. She stated she had changed her
mind on this matter and from the letter written by Supervisor Wheeler
** it appears she also has changed her mind.
It was moved by Supervisor Saraceni, seconded by Supervisor
Dolan that the motion to consolidate the Oroville and Paradise Judicial
Courts be rescinded.
Supervisor Lemke stated he had received six calls on this matter;
five opposed and one in favor of the consolidation. One of the calls was
from a former member of the Butte County Taxpayers Association who was
opposed to the consolidation because it would mean a loss of a court in
Paradise. He lost a lot of credence with the Butte County Taxpayers
Association when the ox that was gored was theirs, when the consolidation
would have been an .across the board taxpayers savings. He would have
liked to think that the association woxked for all and not just when
their ox was being gored. He was still going to vote against the motion.
He maintained that the consolidation of the Oroville and Paradise Judicial
Districts and the Gridley and Biggs Judicial Districts would• have saved
a great deal of money across the board.
Letters in opposition received from:
Dorothy L. Subke, Paradise.
A.J. and Ramona McKale, Paradise
Edith L. Witte, Paradise
Pat Bowler, Paradise
Earl Bailey, Paradise
Mr. & Mrs. Russell Quiver, Oroville
C.W. Koffman, Oroville
Linda Anderson, Paradise
Bill Wobie, Golden Feather Community Association read and
submitted a letter in opposition to the consolidation of the Oroville
and Paradise Judicial Districts.
Supervisor Lemke stated that the Oroville Judicial District
is larger than the Paradise Judicial District. It is much closer to
awing its ownmunicipal court. Both of the districts are close to having
their own municipal courts.
Vote on motion:
AYES: Supervisors Dolan, Saraceni and Chairman Moseley
NOES: Supervisor Lemke
ABSENT: Supervisor Wheeler
Motion carried.
Chairman Moseley hoped with the recommendation coming .from
Supervisor Wheeler relative to a study, that the county will be able to
work something aut.
Page 403.
November 3, 1981
81-
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November 3, 1Q81
Clif Nickelson, administrative officer, stated that the county
is coming to a municipal court configuration. -The Board has to .decide
which way it is going to go; one municipal court with three judges or
two municipal courts, one in the north and one in the south county.
If necessary, the Board can expand the Biggs, Gridley area to take in
some of the Oroville d~,strict. The Paradise issue will not come up in
six years. The reason why there was a time element for doing the study
is because of the laws that effect the judges and sometimes the consolidations
come at the wrong time-and cost more money. This is one of the things
the Judicial Council will be looking at. The council appears to be
committed to municipal courts. He assured the Board that their recommendations
would be talking about municipal courts.
Supervisor Dolan felt that the item relative to the study
should be referred to the Administrative Office asking them to come back
with away to ask the Judicial Council the timeline involved. The
Administrative Office could make the formal requests through the people
that would be involved in the study.
Mr. Nickelson stated that if the Board wanted to have the
information and make a decision before the election in June, it would
be best to contact everyone as soon as possible.
Supervisor Dolan felt that the decision that was just made
would eliminate the consolidation effort for this term. They are looking
at population, whichhas to be certified and verified. She felt there
would be a planning period for six years and did not see a big hurry on
this study.
It was agreed that the study could not take place in time for
the election in June and would have to be considered between now and
six years from now.
WAIVE FIRST READING OF ORDINANCE APPOINTING SHERIFF AS EX-OFFICIO CONSTABLE
OF BIGGS, OROVILLE AND PARADISE JUDICIAL DISTRICTS AND E3C-OFFICIO
MARSHALL OF CHICO MUNICIPAL COURT
On motion of Supervisor Lemke, seconded by Supervisor Dolan
and carried, the first reading of the ordinance appointing the Sheriff
as ex-officio Constable for the Biggs, Oroville and Paradise Judicial
Districts and ex-officio Marshall for the Chico Muncipal Court was
waived.
2655
There being nothing further before the Board at this time, the
meeting was adjourned at 2:25 p.m. to reconvene on Tuesday, November 10,
1981 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK-
RECORDER and ex-officio Clerk
of the Board of Supervisors J/
l~
airman, Board o pervisors
By
Page 404.
November 3, 1981