HomeMy WebLinkAboutM120980December 9, 1980
STATE OF CALIFORNIA )
SS.
COUNTY' OF BUTTE )
80_ The Board of Supervisors met at 9900 a.m. pursuant to adjournment.
,~ Presents Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke.
Clif Nickelson, administrative officer; Dan Blackstock, county counsel;
and Clark A. Nelson, county clerk-recorder, by Nancy Wilson, deputy clerk.
Pledge of Allegiance to the Flag o£ the United States of America
Invocation by Supervisor Moseley
1890 APPROVAL OF MINUTES
On motion of Supervisor Moseley, seconded by Supervisor Dolan and
unanimously carried, the minutes of November 25 and December 2, 1980 were
annroved as mailed,
1891~AUTHORIZE REQUEST FOR PROPOSALS ON DEFERRED COMPENSATION PLAN AND COMMITTEE
On motion of Supervisor Winston, seconded by Supervisor Dolan and
~usly carried, the Request for Proposals on deferred compensation plan
was authorized; the committee to review plans and make additional
ndations to the Board.
1892 ~WATVE FIRST READING OF ORDINANCE,, SALARY AMENDMENT FOR POSITIONS=IN PUBLIC
On motion of Supervisor Winston, seconded by Supervisor Moseley
unanimously carried, the first reading of salary ordinance amendment
modify several positions in Public Works Department and to add the
sis positions in Mental Health and provide flexigle hiring in the nursing
~ies was waived.
1893 ~4DOPT RESOLUTION 80-258, TAR AGREEMENT WITH THERMALITO IRRIGATION.DISTRICT/
1894
1895
On motion of Supervisor Winston, seconded by Supervisor Dolan and
animously carried,. Resolution 80-258 of agreement with Thermalito Irrigation
strict/County Service Area ~~26 property tax was adopted and the Chaixman
thorized to sign.
Clif Nickelson, administrative officer, stated it was necessary to
eep the funds separate." They will have all the charges and costs to provide
or the service.
On motion of Supervisor Winston, seconded by Supervisor Moseley and
animously carried, Resolution 80-259 pursuant to Section 99243 of the Public
ilities Code which requires the county to utilize a transit enterprise fund
s adopted and the Chairman authorized to sign.
On motion of Supervisor Moseley, seconded by Supervisor Winston and
animously carried, the payment of $1,012.28 for one medical indigent medical
lling of six reviewed~by-the=Public Health:Department was approved.
1896 PPROVE TITLE RR SOCIAL SERVICES PLAN FOR FY 1981-82
On motion of Supervisor Winston, seconded by Supervisor Wheeler and
nanimously carried, the Title XX Social Services Plan for fiscal year 1981-82
s required by State Department of Social Services was approved.
Bob Crisan, welfare director, stated the cost of the plan would be
X1.6 million and they would only be receiving $1.009 million under=the state
mandate. Page 432.
December 9, 1980
gp- 1897 POLICY AIRECTION• MAINTENANCE OF
~ AND DEEDS AT THE•CLERK OF THE BO
Discussion and policy
on original contracts, agreemen
a party was held at this time.
tuber 9, 1980
FILES ON ORIGINAL CONTRACTS, AGREEMENTS
RD OF SUPERVISORS' OFFICE
irection regarding the maintenance of files
and deeds in which the County of Butte is
Supervisor Winston stated there should be a central place where
files were maintained. He has often asked Mr. Nickelson where an original
contract was and they would have to hunt it downo
Clif Nickelson, administrative officer, stated he felt too they
should all be located in one office.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, policy direction was given that all original contracts,
agreements and deeds, in which the County of Butte is a party, will be
maintained in the Clerk of the Board of Supervisors' Office<
1898 DISCUSSION AND POLICY DIRECTION
MANAGEMENT AGREEMENT
Discussion and policy
.facilities management agreement
DATA PROCESSING FACILITIES
rection regarding the Data Processing
s held at this time.
Supervisor Wheeler stated staff and SCT had worked on a rough draft
proposal. The Data Processing Executive Committee still had imput, the final
draft should be ready by the end, of the week and possibly it could be voted
on at the next meeting.
Clif Nickelson, administrative officer, stated the contract is
presently written with a phase out clause. This is the last year of a
three year contract.
Chairman Lemke stated the first contract was pretty well agreed
to. He understood County Counsel was still-working on the contract. He
did not want to get the information on Monday and be required to make a
decision by Tuesday.
Dan Blackstock, countycounsel, stated if they wanted to hold it
over to the first of January they could contact SCI. There are several
areas to be considered. .One is moneyo They are going to try to get a
management contract,
1899IAPPROVE BUDGET TRANSFERS
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the fol~.owing budget transfers were approved:
B-61 - Mental Health - General Services. Transfers $2,250 from
fixed assets - structures to maintenance of structures. This transfer is
necessary to reclassify the budgetary appropriation as approved by the
Board on November 18, 1980 for tie strengthening of the fence around the
Mental Health facility in Chico.
B-64 -Public Health - Count Medical Services. Transfers $1,013
from the reserve to support and 'care of persons iz~ order to provide a budgetary
appropriation to cover the cost if medical indigent billings presented to the
Board of Supervisorso
1900 WAIVE FILING FEE FOR USE PERMIT APPLICATION FOR ADATTTON TO HEAD START PROGRAM
On motion of Supervisor Dolan, seconded by Supervisor Winston and
unanimously carried, the use permit application fee to the Planning Department
Page 433.
December 9, 1980
,... >
Dec.
g0- for additonal Head StartWProgra~
~ Yuba Avenue in Oroville was wai•
1901 APPROVE HOUSING AND COMMUNITY D'.
AND ASSOCIATES
Discussion and policy
interested in providing consult
Development Program was held at
ber 9, 1980
classroom space at property lacated at 719^
d.
CONSULTING SERVICES TO CONNERLY
irection regarding proposals from firms
g services to the Housing and Community
his time.
Supervisor Winston stated he had analyzed the various proposals
that had been presentedo Mr. Connerly has in the-past done a great service
for Butte County. Mr. Connerly's fee would be $14,000 to $18;000 depending
on the services required as per diem charges and as competative as charges.
There was a motion bylSupervisor Winston, seconded by Supervisor
Moseley and carried, the consulting contract to provide services to the
Housing and Community Deveiopmenit Program tq Connerly and Associates for
the 1980-81 fiscal year be approved,
Supervisor Dolan stated two of the proposals did not list any
amount for per diem and chargesfor personnel. She felt it could be less
than the $14,000 figure in the Connerly proposal.
Clif Nickelson, administrative officer, stated it was anticipated
they would affect about that amount worth of services.
Supervisor Dolan stated one proposal did not appear to be limited
to housing and could they possibly use their services in the area of libraries
or public improvements.
Paula Bostwick, HCD a~alyist, stated that proposal had a Washing-
ton, D. C. Office which is actually called a Grant Function Agency and
they can plug into the unit. T[iey can do a survey study and determine
what funds are available and what your chances are of obtaining them.
Supervisor Dolan sta
comprehensive proposal. They
may not be as much as $14,000.
she felt the task order-was a good
d be paying for what they get and it
Vote on motion:
AYES: Supervisor Moseley, Whee
NOES: Supervisor Dolan
ABSTAINING: Chairman Lemke
and Winston
APPROVE RIGHT-OF-WAY CONTRACTS
STORM DRAIN EASEMENT ACQUISITIONS -
...........
On motion of Supervisor Winston, seconded by Supervisor Dolan and
unanimously carried, the following Sacramento Avenue Assessment District ~kl
storm drain easement acquisition right-of-way contracts were approved for
the following:
1. Johnnie D. Lualleln et ux (AP 43-20-37) $2,800
2. Leroy C. Rudolph et us (AP 43-28-11) 1,750
I
authorized the Chairman to sign'~and the Auditor authorized to make payment
from Sacramento Avenue Assessment District ~~1 funds upon demand of the
county's escrow agent.
1903 REPORT TO THE BOARD: PROPOSED
WAYNE J. PAUL
Report to the Board
declaration and denied rezone
TIVE DECLARATION AND AENIED REZONE,
e Wayne J. Paul proposed negative
"S-R" (suburban residential) to "R-3"
434.
December 9, 1980
(medium density residential), p
Highway 32, approximately 800 f
AP 42-14-16 and 45, Chico,
1904 ADOPT RESOLUTION 80-260 SETTING
80-
tuber 9, 1980
perty located on the southwest side of State
t northwest of Oak Way, identified as
HEARING DATE FOR WALTER WHITE ABANDON-
On motion of Supervisor Winston, seconded by Supervisor Dolan and
unanimously carried, Resolution 80-260 setting a public hearing date of
January l3, 1981 at 10:00 a.m. ti consider the Walter White abandonment of
public utilities easement on Lot 2, Paradise Pines Unit No. 8 was adopted
and the Chairman authorized to sign.
1905IAPYROVE RECOMMENDATION OF PLANNING. DEPARTMENT RELATIVE TO "DAY CARE PROVIDERS"
There was a motion by Supervisor Winston, seconded by Supervisor
Wheeler and unanimously carried,i~the recommendation of the Planning Commission
that Day Care Facilities, for more than six (6) but not more than twelve (12)
children, be allowed in all residential zones in the County subject to
securing a use permit in each case.
Dan Blackstock, county counsel, stated if this 'was not acted on
from the change of zoning the Punning Commission and Board would have to
hold public hearings.
Vote on motions
Supervisors Dolan, Mosele Wheeler, Winston and Chairman Lemke
None
1906
1907
FIRST READING OF ORDINANCECONTROLLING VEHICULAR PARTCING RESTRICTIONS
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
unanimously carried, the first reading of an ordinance controlling vehicular
parking restrictions around Paradise Justice Court and Memorial Hall Complex
with Sheriff Department to notifg wrecker was waived.
a L. Staley, Oroville. Mrs. (Staley writes requesting that their appeal
scheduled before the Board of Supervisors on the agenda be continued
to January 13, 1981. To be considered later in the meeting.
Michael Jamison, Chico. Mr. Jamilson writes with regard to the Butte Creek
East PAC rezone hearing scheduled for December 16 and requests
that consideration be given to rescheduling the hearing in the
Chico area. Discussion; no action taken.
Soper-Wheeler Company, Strawberry Valley. The company, pursuant to Govern-
ment Code Section 51282.5, petitions the Board for cancellation of
land conservation contracts of certain lands in timber land pre-
serve zones. Referred to Planning, Land Conservation Act Committee
and Assessor.
Henry Sciiigo, Durham. Mr. Scili~lgo writes giving notice of non-renewal of
land conservation con tact for property identified as AP 38-08-007
in accordance with Gave~rnment Code Section 51245. Referred to
Planning, Land Conservation Act.-.Commi~Gtee and Assessor.
Butte County Bar Association. The association writes supporting the concept
that a thorough study tie authorized and completed prior to the
execution of any contract for public defender services. To be
considered later in the meeting.
Pal e 435.
December 9, 1980
80- Judges of the Butte County Cour
3 of all the judges 'of
a sum of not less tha
consultant to study a
and efficient method
required by law. To
~r 9, 1980
,. Judge Lucian Vandergrift writes on behalf
itte~County~requesting the Board appropriate
$3,000 for-the courts to hire an independent
1 advise .the judges as to the most economical
' providing competent legal services as
considered later in the meeting.
George Walker et al, Chico. A 1!~etter signed by thirteen property owners on
Moraga Drive in Chico write expressing appreciation to the Board
in support of the ordinance restricting parking of large trucks
in residential neighborhoods. Information; no action taken.
Anthony F. Virnig, Jr., Oioville. Mr. Virnig writes concerning the conduct
of motorcycle rides one public and private property in the Concow
area and the need for law enforcement. Discussion; no acta.on taken.
Mr. and Mrs. Vernon C. Andrade, Chico. Mr. and Mrs. Andrade write with regard
to motorcyclist problems on Johnny Lane, Michael Way and the
Sycamore Creek area north of Chico. Referred to the Sheriff's
Department. '
Law Offices of Lynn Hubbard. The attorney, on behalf of Charles Maleady,
forwards a claim in the amount of $500, which amount is stated
to be the value of a handgun in custody of the District Attorney's
Office. Referred to I'~nsurance Review Committee.
Law Offices of Lynn Hubbard, II~ The attorney, on behalf of James Feather-
', stone, forwards a clam in the amount of $10,000 for alleged
damages and injuries s~lustained while in the custody of a Calif-
' ornia Highway Patrol olfficer in Paradise on September 1, 1980.
.See motion following ommunications.
John Tillis, Paradise. Mro Til~is forwards a claim in the amount of .$100,000
as a result of alleged injuries sustained at the .County Jail on
or about August 29, 1980. See motion following communications.
Nossaman, Krueger & Marsh, attorneys at law. The attorneys, on behalf of
the California Student Loan Finance Corporation, forward a
resolution for Board consideration to allow the corporation to
acquire student loan dotes incurred under the U, S. Higher Education
Act of 1965, as amended. Discussion in support; no action taken.
County of Los Angeles. The county writes asking that the Board support
legislation requiring fire retardant roofing statewide in the
construction of new buildings. Information; no action taken
until report from Fired Department and Planning is received.
State Air Resources Board. TheBoard sends notification that the Butte
County Air Pollution Ciontrol District's subvention application
has been approved in the amount of $34,585 for the current fiscal
year. Information; no action taken.
190 REJECT CLAIM - JAMES FEATEIERSTONE
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the claim of James Featherstone in the amount of
$10,000. for alleged damages and'~~injuries sustained while in the custody of
a California Highway Patrol offilcer in Paradise on September 1, 1980 was
rejected; and referred to Countyi Counsel and Risk Management Coordinator.
P~ge 436.
.December 9, 1980
December
80 1909 REJECT CLAIM - JOHN TILLTS
.~ On motion of Supervisor
unanimously carried, the claim of
$100,000 as a result of alleged ~
or about August 29, 1980 was rejF
Risk Management Coordinator.
9, 1980
Moseley, seconded by Supervisor Winston and
Jok~n Tillis, Paradise in the amount of
ijuries sustained at the County Jail on
:ted; and xeferred to County Counsel and
1910 ADDITIONAL CORRESPONDENCE
Chairman Lemke had received a letter from Jeanne M. Angle, Chico
regarding passage of SB+.;1246. This was handled at the December 2, 1980
meeting.
Members had received a copy of an ordinance from Robert Freidenberg
with California State University-Chico regarding noise, Supervisor Wheeler
to meet with Mr. Freidenberg.
191 ADOPT INTERIM ORDINANCE 2169 REZONING FROM "AR" (AGRICULTURE RESIDENTIAL) TO
"AR-MH" AGRICULTURE RESIDENTIAL- MOBILE HOME ON AP 36-22-116
Bettye Blair, planning director, set out the request from Royce
and Patricia Earl requesting an Interim zone to. "AR-MH.'". Ms. Blair-presented
a map to the Board. Parcels in the area are zoned for mobile homes.
On motion of Supervisor Winston, seconded by Supervisor Dolan and
unanimously carried, Interim Ordnance 2169 rezoning. AP 36-22-116 from
"AR" (agriculture residential) to "AR-MH" (agriculture .residential - mobile
homes) on the south side of Oro Bangor Highway between Circle Drive and
Naramja for a period of 120 days was adopted and the Chairman authorized
to sign. i
.RECESS: 9:43 a.m.
RECONVENE: 10:08 a.m.
191 PUBLIC HEARING: ADOPT RESOLUTIO~i 80-261 ABANDONMENT OF PUBLIC UTILITY
EASEMENT AND RECREATIONAL EASEMENT FOR HURRAY CAIN PARADISE PINES
The public hearing onthe Murray Cain abandonment of public utility
easement and recreational easement, lots I53 and 154, Paradise Pines Unit 15
was held as advertised.
Bettye Blair, planning director, stated everything is in order.
Hearing open to the p~blic. Appearing: No one.
Hearing closed to thepublic and confined to the Board.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
unanimously carried, Resihlution 80-251 abandonment of public utility ease-
ment and recreational easement, lots 153 and 154, Paradise Pines Unit 15
for Murray Cain was adopted and the Chairman authorized to sign.
191 PUBLIC HEARING: ADOPT ORDINANCE~2170 WILLIAM S. TOWNE/BALDWIN CONTRACTING
COMPANY REZONE FROM "A-2" (GENE$AL) TO "SR-1" (SU$URBAN RESIDENTIAL - ONE
The public hearing on the William So Towae/Baldwin Contracting
Company rezone (item on which a environmental impact report was previously
certified) from "A-2" (general) to "SR-1" (suburban residential - one acre
parcels), property located on the south side of Entler Avenue, approximately
2,000 feet east of the Midway, identified as AP 40-04-36 and 38, south of
Chico was held as advertised.
Bettye Blair, planning director, stated the Board had received
copies of Planning Commission__m~.nutes and staff findings. The Commission
recommended approval. It is in conformance with the General Plan.
Page 437.
December 9, 1980
Decemb'ier 9, 1980
80- Earl Nelson, environmental review director, stated the environ-
b mental concerns have been debated previously.
Hearing open to the public. .Appearing:
1. Chris Baldwin, Butite Creek Rock, Chico. Mr. Baldwin would
like approval so they can go forward with the rezone.
Hearing closed to thellpublic and confined to-the Board.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, finding tha Y.: the E~R used for this project was previously
certified on May 29, 1979 and i applicable to this rezone; it has been
reviewed and considered; finding that the rezone as proposed will not
have a significant effect on the environment and is consistent with all
elements of the General Plan; Ozdinance 2170 rezoning from "A-2" (general)
to "SR-1" (suburban residential - one acre parcels), property located on
the south side of Entler Avenue,i approximately 2,000 feet east of the.
Midway, identified as.AP 40-04-36 and 38, south. of Chico was adopted and
the Chairman authorized to sign.
Vote on motion:
1914
AYES: Supervisors Moseley,
NOES: Supervisor. Dolan
INSTRUCT COUNTY COUNSEL TO BRI
JURY MEMBER'S MILEAGE TO SAME
Supervisor Moseley s
and she would like to see the
be increased from 10~ to-the 2
Winston and Chairman Lemke
BACK ORDINANCE INCREASING THE GEAND
ed recent legislation has come through
nd Jury member's payments for mileage
currently being paid county employees.
On motion of Supervisolr Moseley, seconded by Supervisor Wheeler
and carried, to instruct County Counsel to bring back an ordinance whereby
Grand Jury member's are reimbursed for mileage at 24fi, the amount.'couv3:ty
employees received,
Dote on motion:
19
AYES: Supervisors. Dolan,
NOES: Supervisor Winston
RECESS: 10:16 a.m.
RECONVENE: 10:30 a.m.
Wheeler and Chairman Lemke
'PUBLIC HEARING.: MR. AND MRS. CA~IRL A. HERRMANN APPEAL OF CONDITION ~kll
ON TENTATIVE PARCEL NFAP, AP 42-314-82, FOUR PARCELS, PROPERTY LOCATED ON THE
WEST SIDE OF BAY AVENUE, APPROAIMATELY 1,600 FEET NORTH Op' SHASTA AVENUE,
cxlco AREA
The public hearing on ~Ir. and Mrs. Carl A. Herrmann appeal of
Advisory. Agency's condition ~kll Ion a tentative parcel map, AP 42-34-82, four
parcels, property located on the west side of Bay Avenue, approximately
1,600 feet north of Shasta Avenue, Chico area was held as advertised,
Clay Castleberry, pub
There are other divisions in th
Advisory Agency required perman
it to the natural channel, they
no drainage problems at present
there could be problems in they
'ic works director, stated the map was posted.
area along Be11 Boad and Bay Avenue. The
~t solution to drainage which means to take
cannot economically afford that. There are
but if the area was divided down further '
Future. He suggested the applicants make a
,ge 438.
December 9, 1980
_ _ _ _ _ _ _ _ _ _ _ _ _December 9,_ 1980 - _ _ _ _ _ _ - - _ _ _ _ _ -_ _
gp- commitment to help with the drainage when it became a problem and for the -
~ ' Board to waive the requirement.
Supervisor Winston questioned if this area was close to the Shasta
Drainage District, could they join the district. He felt they could ask
for a covenant.
.Supervisor Wheeler sta
and they would be willing to joi
she had talked to people in this area
Hearing open to the
1. Chris Herrmann, C
to build on the acreage,. They
in this area to fit their need.
lie. .Appearing:
Mrs. Herrmann stated-they would like
~13 children and there are no houses
2. .Max Albert, engineer. Mr. Albert stated he had reviewed the
site with Mr. Mendonsa from Public Works. There is goad soil and drainage
in this area. If the parcels were divided smaller, there would be problems.
They are willing to put in a drywall if it is determined necessary, The
parcels in the area are not level and do not drain towards the Shasta District.
3. Gerald Bonds, Churchill Drive; Chico. Mr. Bonds stated he
was neither for or against the proposal. He had fought long and hard hours
for the one acre in this area. ~e does not want to be saddled with drainage
problems like on Sacramento Avenue. He had no drainage problems. He felt
in some future date everyone should help with the drainage problems, but
he did not feel he should be saddled with something that is making money
for someone else.
Hearing closed to the lublic and confined to the Board.
Supervisor Winston questioned if the applicant would object to
a note being placed on the map fir no further division, There are four
parcels.
Chairman Lemke felt Public Works should keep an eye on that area
and to have staff keep the Board advised of development in process in that
area. Further division would have to be approved at the Board level.
Mr. Albert stated Mrs. Herrmann has no objections to the note on
the map that there be no further division of the three acre parcels until
there is a drainage solution.
On motion of Superviso
and unanimously carried, the app
Noo 11 on tentative parcel map,
on the west side of Bay Avenue,
Avenue, Chico area was.uphel~l; t
allowed until such time as a per
further that.a.,covenant be preps
parcels set forth would not obje
the drainage problem if any shoo
following conditions:
Winston, seconded by Supervisor Wheeler
al of Mr. and Mrs. Ca r1 A, Herrmann condition
P 42-34-82, four parcels, property located
pproximately 1,600 feet north of Shasta
at no further division of land will be
anent solution to drainage would be provided;
ed to run with the land that owners of the
t to joining any district formed to solve
d occur in the area; and subject to the
1. Provide area for wells and
those areas on Parcel 1.
100 ft. leachfield free setback around
2. Destroy under permit the water well to be abandoned within the easement
way.
Page 434.
December 9, 1980
80-
$'
3. Show 100 ft well free area
which well sites are spott
per 9, 1980
round boundaries of adjacent parcels on
4. Provide two-way traversable access RS-9-LD-II to each parcel from a
county maintained road or state highway.
5. .Access to be reserved in deids as per county ordinance.
6. Show 50 ft. building setback line measured from centerline of access
easement.
7. .Provide road maintenance agreement.
8. Indicate a 50 ft: building setback from the centerline of Cussick Ave.
9. Show all easements of record on the final map.
10. Provide street name signs pier requirements of the Department of Public
Works prior to recordation of the final map.
11. .Pay off any assessments.
12. .Provide cul-de-sac at the end of the street.
13. Obtain encroachment permit land construct standard road approach providing
adequate sight distance at the intersection of access road and Cussick
Avenue,
14. Pay any delinquent taxes.
15. .Meet the requirments of the, Butte County Fire Department.
PUBLIC HEARING: CHURCH OF THE "KNEW NAME," INC..APPEAL OF DRAFT ENVIRONMENTAL
IMPACT REPORT AND USE PERMIT TOALLOW A CHURCH BUILDING WITH`CHAPEL, CLASS-
ROOMS, LIVING AREA AND PRINTING ROOM IN AN "AR" (AGRICULTURAL RESIDENTIAL)
ZONE, AP 36-05-76, 92 AND 93, PROPERTY LOCATED ON THE EAST STDE OF OAKVALE
AVENUE BETWEEN CRANE AND TUCRERAVENUES, EAST OF_OROVILLE
The public hearing on the Church of the "New Name," Inc. appeal of
draft environmental impact repot and use permit to allow a church. building
with chapel, classrooms, livingarea and printing room in an "AR" (agricult-
ural residential) zone, AP 36-05~-76, 92 and 93, property located on the
east side of Oakvale Avenue between Crane and Tucker Avenues, east of
Oroville was held as advextised.~,
Bettye Blair, planning director, stated the applicant applied far
a broader range use permit but because of time restraints of one year had
elapsed an EIR was required. They have received Planning Commission minutes
and staff findings on the proposed project.
.Earl Nelson, environmental review director, stated their only
concern was for the two-fire hydrants. Mr. Teie has stated for the scaled
down project one fire hydrant would be fine.
Hearing open to the public. Appearing:
1. B. B. Olson, representing the church. They objected to the
mitigation measure requiring two fire hydrants. There are one dozen homes
in the area and one hydrant should handle that amount.
Hearing closed to the~ipublic and confined to the Board,
Pa'Qe 440.
December 9, 1980
80-
~5
December 9, 1980
William Teie, fire warden, stated the one fire hydrant would need
to be at least 1,000 GPMo He felt one would be sufficient.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, to certify the ETR as having been completed in
accordance with the requirements~',of the California Environmental Quality
Act and the State and County EIR~Guidelines; finding that although the
project could have a significantleffect on the environment, there will not
be a significant effect in this case because of the mitigation measures
attached which will be made conditions of project approval; further finding
that the proposed use will not i~pair the integrity and character of the
zone in which the land lies and that the use will not be unreasonably
incompatible with, or injurious to surrounding properties or detrimental
to the health and general welfare of the persons residing or working in the
neighborhood or to the general health, welfare and safety of the County;
and to approve the project subject to the mitigation measures as follows
1. Earthwork and grading construction shall be completed prior to the
winter rain season.
2. Scarified areas to be planted with suitable native and ornamental species,
and maintained in a living condition.
3. Natural on-site vegetation to be preserved to the fullest extent possible.
4. Excessive light and glare shall be avoided, Exterior lighting shall be
restricted to essential security and safety needs. .All exterior lights
shall be located and shielded so as to avoid glare and distraction to
neighboring residents.
5. Traffic safety improvements on Oakvale Avenue are to be installed as
per Public Works requirements.
6. Construction activities shall be restricted to normal daylight working
hours. .Equipment shall be fitted with mufflers to reduce construction
noise.
On motion of Superviso
and unanimously carried, the app
permit to allow a church buildin
printing room in an "AR" (agricu
and 93, property located on the
and Tucker Avenues, east of Orov
of the property will not impair
the land lies and that the use w
or injurious to surrounding prop
welfare of the persons residing
general health, welfare and safe
to the following mitigation meas
1. Earthwork aced grading cons
rain season.
2. Scarified areas to be plan
and maintained. in a living
Winston, seconded by Supervisor Wheeler
al of Church of the "New Name," Inc, use
with chapel, classrooms, living area and
tural residential) zone, AP 36-05-76, 92
ast side of Oakvale Avenue between Crane
lle be upheld; finding the proposed uses
he integrity and character of the zone in which
uld not be unreasonably incompatible with,
roes or detrimental to the health and general
r working in the neighborhood or to the
y of the County; the use permit be conditioned
res and conditionso
on shall be completed prior to the winter
with suitable native and ornamental species,
dition.
3. Natural on-site vegetation to be preserved to the fullest extent possible.
4. Excessive light and glare
restricted to essential s
shall be located and shie
neighboring residents.
ell be avoided. Exterior lighting shall be
-ity and safety needs. All exterior lights
f-so as to avoid glare and distraction to
ege 441.
December 9, 1980
80-
a
1917
~~
December 9, 1980
5. Traffic safety improvements on Oakvale Avenue are to be installed as
per Public Works requirements.
6. Construction activities shall be restricted to normal day-light working
hours. Equipment shall be fitted with mufflers to reduce construction
noise.
7. Deed to the County of ButteI30 feet of right-of-way from the center-
line of Oakvale Avenue.
8. Construct standard S-18
driveway and Oakvale Av
l.ic road approach. at the intersection of
9. Provide a permanent soluti
drainage plans to Departure
the required facilities,
10, Development sewage to be c
Public Utility District).
for drainage-submit construction and
of Public Works for approval and install
ted to community sewer {North Burbank
11. Water supply to be provided from a treated community source, no ditch
water.
12. .Require the installation of one fire hydrant at the location determined
by the fire department. Hyldrants shall be Clow Rich Model 950 capable
of flowing 2000 GPM at 40 psig residual each. Installation shall meet
standards of Butte County and O.W.I.D.
13. Any buildings in excess of 15000 square feet or any building housing
any hazardous or flammable processes shall be equipped with automatic
sprinklers. A11 buildings ~sha11 have a complete smoke/heat detector
alarm system of the remote (station type to fire department headquarters.
14. Construct and maintain a to=foot wide firebreak around the exterior
perimeter of the property.
15. .Above conditions to be compihied with completely before occupancy of
the church building.
i6. No more than 20 people shalll maintain night-time residence on site.
17. Applicant must comply with Ill other applicable State and local statutes,
ordinances and regulations."
Bob Potter, staff repx
complaint and concern regarding
met last night and it appears bo
to harrassment. Mr. Potter refe
He has been advised by a memo fr
Welfare building he must first n
and himself are being harrassed.
room. He would like advise from
sentative for BCEA, stated the BCEA has a
he Welfare Director. The Executive Committee
h BCEA and Bobbetta Brown have been subject
red to Section 3 d and e-of Personnel Rules.
m Mr. Crisan when he wishes to enter the
tify Mr. Crisan. He feels the president
He meets with the president in the break
the Board.
C1if Nickelson, administrative officer, stated if the Board would
refer the matter to his office they will handle it. It may be a question of
misunderstanding of communications. He knows Mr, Crisan is very protective
of his office. -_.
The matter was referred to the Administrative Office for handling.
Pa!ee 442.
December 9, 1980
80- 1
b
1919
ADOPTJINTERIM ORDINANCE-2171,1
LIGHT INDUSTRIAL CHICO
Bettye Blair, planni,
Giberson to request an interim
manufacturing operation to the
it was noted industrial is not
owner of the property had thou
9 , 1.980
44-02-78 FROM "A-2" (GENERAL) TO "M-1"
director, stated she had advised Mr. Richard
one before the Boarde They are moving a
rea and when applying for a building permit
llowed in an "A-2" zone. Mr. Moore-the
t it was zoned industrial.
On motion of Supervisor wheeler, seconded by Supervisor Dolan and
unanimously carried, Interim Ordinance 2171 changing the zoning from "A-2"
{general) to "M-1° {light industrial) on AP 44-02-78 in Chico for a period
of 120 days was adopted and the Chairman authorized to sign.
APPEARANCE: TOM GAFFNEY, BARTLE IIWELLS ASSOC. - LETTERS TO BE WRITTEN TO
CITY OF CHICO AND CITY OF GRIDLEY ASKING THEM TO SHARE THEIR GOOD WILL BY
~TAIVING FEES RELATED TO CONSTRUCTION OF LIBRARY IN EACH CITY
Tom Gaffney, Bartle Wells Associates. Mr. Gaffney spoke regarding
the financing of the new construction of libraries in Chico and Gridley.
There are three types of bonds ir~ which the County can finance the libraries.
Kr. Gaffney referred to their replort on page 3. He was concerned about the
rising cost of inflation. The county has already paid some costs. They
should try to have fees for some services waived. The bonds will be municipal
bonds and on competitive bide Thy limits used to go 30 year financing, now
they go lO to 25 years. Now a 24 year mortgage would be at least 20% where
it used to be 5 to 6%. One option they considered was using reserve funds
that might be available for $22 million. Mr. Gaffney felt they would sell
the bonds within one or two months. The interest rates are quite high now.
They are working with a five member board and they cannot receive a penny.
Dan "Blackstock, countycounsel, stated he felt they should write
a letter to the City Council of Chico pointing out the financing is going
to be difficult and would they like the opportunity of contributing all
the site work and waive all of ti"e fees and possibly all of the landscaping.
On motion of Supervisor wheeler, seconded by Supervisor Dolan and
unanimously carried, to write a ~etter to the City of Chico and City of
Gridley asking them to share in the good will and offer to waive all of
the required fees within each ciy for the construction of the two new
libraries.
RECESS: 11:25 a.m<
RECONVENE: 11:48 a.m.
1920 PUBLIC HEARING: CONTINUED TO JANUARY 13, 1981 AT 10:00 A.M, - MRS. THOMAS
STACEY PROPOSED NEGATIVE DECLARATION AND APPEAL OF PARCEL ST,ZE TO MEET
HEALTH DEPARTMENT REQUIREMENTS AND APPEAL OF CONDITION 9 ON TENTATIVE PARCEL
MAP, AP 35-44-04, TWO PARCELS,,LQCATED ON THE SOUTH SIDE OF ORO-GARDEN RANCH
The public hearing on Mrs. Thomas Staley proposed negative declaration
regarding environmental impact and appeal of parcel size to meet Health.Depart-
went requirements and appeal of ~he Advisory Agency's condition No. 9 on
tentative parcel map, AP 35-44-04, two parcels, property located on the
south side of Oro-Garden Ranch YtQad, west of Inglewood Drive, Oroville area
was held as advertised.
Chairman Lemke stated they had received a written request from
Mrs. Staley to continuedthe matter to January 13, 1981.
Hearing open to the public. Appearing: No one,
The hearing was contn~ed to January 13, 1981 at 10:00 a.m.
Pale 443.
December 9, 1980
80-
b'
1921
Aec
RECESS: 11:50 a.m. V
RECONVENE: 1:35 p.m.
SUPERVISOR WINSTON ABSENT AT
ber 9, 1980
TZME
.DISCUSSION: PUBLIC DEFENDER SERVICES CONTRACT - MOTION TO MAKE REQUEST OF
BAR ASSOCTA TION AND BARRISTER'S ~9SSOCTATTON TO WORK WITH ADMINISTRATION TO
',STUDY METHODS OF PROVZDING,PUBLIC DEFENDER SERVICES _ MOTION^TO ENTER INTO
Discussion+of the public defender services contract was held at
this time.
Chairman .Lemke stated there were several pieoes of correspondence
regarding this matter. Letters f~om Butte County Bar Association, Judges
of Butte County Courts, Barristes and from individuals in Butte County
Jail.
Hearing open to the public. Appearing:
1. Thomas Kelly, Butt~~e County Bar Associatiop.
SUPERVISOR WTNSTON PRESENT AT TH25 TIME.
Mr. Kelly stated the Blar Association went on record to request
that a study be made to show thellbest type of system, ,Superior-Court has
also asked the Board to authorizle a study along the same lines. They feel
it will pay for itself during t e first year. He is aware the Administrative
Office made a study, but he has~not seen it.
2. Robert Glusman, Barrister Association. Mr. Glusman stated
their organization had presented a letter for the Board's review. They
would like to see an indepth study done. In their letter they indicated
several methods of obtaining assistance. They are concerned about economy.
He felt the primary concern wasthe indigents have a constitutional right
to be represented. He had not seen the Administrative Office's study.
3. Ed Bronson, Chico. Mr. Bronson is a teacher of political
science at Chic o. State. There are concerns expressed regarding the expense
of the public defender cantracte There have been complaints about the
quality of service being rendered. He felt the expense of a study would
be relatively small and he urged the Board to make a final study. He has
not seen the Administrative Office's study.
4. Paul Persons, Co unity Legal Information Center. Mr. Persons
stated he had previously submitted a letter requested a study be prepared,
it would be more economical in the long run. He feels there have been articles
written in the newspapers and the quality of service is less than above board.
He felt before a contract is approved a study should be made as to the type
of services that are needed. He has read the report prepared by Administration.
He felt Mr. Nickelson was not an attorney or trained to evaluate people who:
are specialists in this type of thing. There was a study done in Solano
County. There are various agencies which would conduct such a study.
Supervisor Winston staated if he were a judge on the Superior Court
bench doing his duty and appointing competent counsel and they were not
doing a competent job he should be thrown out of office.
5. Dick Bjork, Oroville. Mr. Bjork presented Board members with
copies of a letter regarding the remarks on Ernst & Ernst Report.
Page 444.
Aecember 9, 1980
80-
a
December 9, 1980 _
6. Jerry Warren, Oroville. Mr. Warren stated their record as
public defenders was unblemi.shedin 25,000 to 30,000 criminal cases. They
have never been reversed by any court in any case they have handled. A11
Public Defender Offices hear the same complaints from their clients. They
file a monthly case summary. If a•.defendent is not satisfied the case can
be reviewed on appeal. Mr. Warren read an excerpt f mm an October 26, 1980
transcript by presiding 3udge Lucian Vandegrift. They probably do better
jobs and are more experienced, ale cited the work of Mr. Wilson, Mr. Mueller
and Mr. Warren.
Mr. Warren stated he felt they have saved the taxpayers of Butte
County hundreds of thousands of dollars since 1976. He noted both the
District Attorney and County'Counsel`s Offices budgets are six times or
double what it was in 1976. They are asking for 75% cost of living
increase. This was not a "sweetieart" contract. The agreement is with
the Board of Supervisors not the judges of the court. County staff has
indicated a Public Defender's Office would cost $500,000 or more per year.
Money is partially recoverable through a contract system. The County
Administrative Officer suggested~lhe present a proposal prior to budget
discussions, the discussion has been going on since May. Their contract
obligations end on December 31,1980° They have a staff they maintain.
He feels it is a denial of due process of law to have indigent defendants'
attorneys under contractual cont~COL of the judges. He did not feel the
judges would want to get involvei.
Mr. Warren stated he disagreed with County Counsel's letter to
the Board regarding Phillips v. Seeley. Mr. Blackstock is the anly person
who cannot see the conflict.
Dan Blackstock, county counsel, stated in judge Vandergrift's
letter he had written in the firist contract around 1970 there was a provision
the Superior Court did not appoint the contractor but the Board of Supervisors
did. Mr. Blackstock referred to Phillips v. Seeley. He felt they should
reread the contract. He feels if they have a contract service, they have
to have some way of judging performance.
Supervisor Winston read from Mr. Blackstock,~s letter the quote
of Phillips as stated on page ll5. Supervisor Winston stated he was not
beholden to the court. They should have the guts to say these people are
not competent, not put it on hislback. Ali he knows is what he read s. in
the newspaper, his Bourses led him to believe Counsel is competent. He
feels he should be able to depenld on staff. They do not have the money for
a study.
Supervisor Dolan stated there is a request from the judges and
responsibleperson 'of the commun,~ity who would like to see an alternate
plan, it does not mean it is indlompetent from the judges opinion. She
felt they should cooperate with the judges.
Chairman Lemke was
were fired with no reason and
costs.
erased if a judge would tell Counsel they
e<::another lawyer there would be attached
Supervisor-Dolan sta
Chairman Lemke questi
on making a study. He knew Mr-.
she felt they should do a study.
if somebody in the audience could work
son could obtain a grant.
Mr. Glusman stated in their letter they had indicated several
organizations which were capable of conducting a survey. Many will. do
them free. Page 445.
December 9', 1980
80_ Mr.^Glusman stated he
b system without there being a st
r 9, 1980
could hesitate to comment on the biferated
9y.
Mr. Kelly stated he felt it would be a better distribution of
cases. The Bar_A;;sociation was not criticizing Mr. Mueller or Mr .. Warren.
The~As§ociatiom-feels the issue Iof cost efficiency and quality should be
addressed. They should have the, best system for the citizens of Butte
County.
Supervisor Winston stated he was greatly concerned about the
budgetary matters, if the study should indicate a Public Defenders office
there was no money for one.
Mr. Kelly stated if th'e Board so moved he would take it before
the Bar to determine if they could conduct a survey. He felt somebody-was
putting something on his back.
Chaiirman Lemke stated he agreed a study should be done through
the system of grants or with the Bar Association, Barristers, Courts and
Administrative Office. The reasan he purposely sent it back to the courts
was to hopefully come up with what system would be the best. He did not
expect the response he received . Ha is in favor of the biferated system
within the budget limitations.
i
RECESS: 2:53 p.m. ~
RECONVENE: 3:09 p.m.
Mr. Persons stated they have only heard from one judge not six.
He felt there should be a competitive bid. He did not feel Mr. Pyeatt
had the judicial training in which to make a determination. It is a
very sensitive area for a judge to criticize attorneys or members of the
Baro
7.:Ron Blackston. Mr Blackston stated he was an indigent and
was subjected to mental anguishl slander and brain washing by the Public
.Defenders. These are the tactics usedo He would Like to file a Iaw suit
but nobody will represent him. The Public Defenders know elzerybody in the
District Attorney's Office and They try to get you to plea bargain so they
do not have to go to court.
8. Brooks-Alison, CSU-Chico student. Mr. Allison stated he
worked in the Public Defender's{Office for three months. Often they do not
see you before you get to the court room and they simply plea bargain.
He sat through interviews. He did not see any legal. research done. The
Public Defender does not have au office in Chico. They borrow books, phones
and he does not feel they adequately represent the indigent. They are being
denied their constitutional rights. Mr. Ellison is a paralegal.
Chairman Lemke stated they should bring a lawsuit. He was not
going to base his decision on something that has not been passed or submitted
to court.
9. Dennis Hoptowit, attorney. He has been an attorney in California
for six years, recently in Chico for-two months. He has been the Director of
Indian Legalc.Services and represents low income individuals. He was not in
a position to criticize the cur~ent Public Defender. He would be willing to
help the Board if he could. Hehas talked with some court people and people
he represents. He feels there Should be an inquiry and further study. He
would be willing to do pro Bono on a limited case basis and hopefully other
attorneys would also. He would~be willing to donate whatever assistance
and time on a limited basis. Pape 446.
December 9; 1980
80-
a.
December 9, 1980
- -10. Margaret Bomber, Forest Ranch. She is an attorney at the
Senior Citizens Referral Center< From her observation most attorneys would
be willing to assist in the study.
Mr. Bjork presented th Board with copies of the duties of the
Public Befe~der. You can not phone and get a Public Defender. The court
must appoint one for you. He stated all of these duties-are not listed
in the contract. They are not to enter into private practice.
Mr. Blackstock stated he did not know of any California decision
that had been reversed because the attorney had not been paid for his services.
Mr. Kelly stated he would take the matter regarding pro Bono to
the Bar for their opinion.
11. John Schroeder, Oroville. Mr. Schroeder stated there is no
provision in the Conflict Contract regarding handling work as a private
attorney. Tt should be in bath contracts. It does not say anything about
giving away their services for free.
Mr. Hoptowit stated he was not suggesting the local bar go to
pro bono work. He felt a volunteer basis could keep the costs down.
12. Heather Maddox,.Paralegal. Ms. Maddox stated through her
work she has received letters from individuals in Butte County Sail and
Susanville with complaints regarding plea bargaining.
Hearing closed to the public and confined to the Board.
Supervisor Dolan statedd she felt there should be an indepent
study for services and types of services, finances and efficiency.
Chairman T.emke felt one of the things that needed to be discussed
was the perimeter of the study; ~Iquality, efficiency and costs. It must be
within the perimeter of the budget. He felt they had created their own
problem by beefing up the Sheriff's Department and the increase from Paradise.
Supervisor Winston stated he had listened very carefully to the
testimony and read all of the material. The judges or this Board when they
are dissatisfied with the present terms can terminate without cost. At a
previous meeting he made a motion of intent and at the time invited::
proposals. If anybody wants to i ke a study they can change the contract
as deemed necessary.
Supervisor Dolan stateld his previous motion was one of intent ~o
offer the contract at the same a ount even though they do have the report
from the Administrative Office. We decided to hold a public hearing to
decide what course of action to take.
There was a motion by Supervisor Dolan, seconded by Supervisor •
Moseley, to ask the Administrative -0ffice to make a request of the Bar
Association and the Barrister's Association to work with them to study
methods within the budget, the financial capability of Butte County, to
provide Public Defender services and to begin by studying those that are
delineated not limited to the ones outlined in the judge's letter of
December 3rdo
Mr. Blackstock stated the Board knows his feelings on this and
the Board does not have in this day and age with 487.2b the sole discretionary
right to contract. His recommendation is that the Board recommend to the
Page 4£~7.
December 9, 1980
80-
3
_ _ _ December 9, 1980 _ _ _ _ _
_ _ _ _ _ _ _ ~ _ - - - _ _ _ _ _ _ ~ T ~ ~ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
court, point out to the court, that they simply cannot afford a case-by-case
basis from their review of the situation. You have reviewed the cost of
public defenders and you do notthink you can afford it. You feel the
contract is necessary. If they want to go on a month-to-month basis and
keep it within the budgetary amount, that is fine. The judges are tech-
nically going to be appointing and you are doing the financing, a specific
contract.
There was a motion by Supervisor Winston, seconded by Supervisor
Wheeler, to advise the court that we as a Board and quoting from Phillips v.
Seeley that according to the responsibility placed on us by Phillips v. Seeley
cited ~in.Mr. Blackstock's letter, we have made a determination that a
reasonable sum of money to reasonably compensate assigned counsel in as out-
lined in the motion made previously and further that we are prepared to
enter into a contract with the present contractees fora three year period,
assuming that the court has made a determination under Phillips v. Seeley
that .indigent persons are entitled to counsel at public expense are being
adequately represented by efficiently compensated counsel.
Vote on previous motio:
AYES: Supervisors Dolan, Mosele and Chairman Lemke
NOES: Supervisors Wheeler and Wznston
Motion carried.
Vate on Supervisor Winton's motion:
AYES: Supervisors Wheeler, Winston and Chairman-Lemke
NOES: Supervisors Dolan and Moseley
Motion carried.
ADJOURNMENtE
There being nothing further before the Board at this time, the
meeting was adjourned at 4:18 p.m. to reconvene on December 16, 1980 at
9:00 a.m.
ATTEST: CLARK A.. NELSON, COUNTY CLERK-
RECORDER and ex-officio Clerk
of the Board of Supervisors
~/~ r Chairman, Soar of Supervisors
>e 448.
December 9, 1980