HomeMy WebLinkAboutM012682STATE dF CALIFORNIA ) January 26, 1982
SS.
BOUNTY OF BUTTE )
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The Board of Supervisors met at 8:15 a.rn. pursuant to adjournment.
Present: Supervisors G9odeley, Saraceni and Chairman Wheeler. Mike Pyeatt,
scting administrative officer; Del Siemsen, county counsel; and Clark A.
Nelson, county clerk-recorder, by Nancy Wilson, deputy clerk. Absent:
Supervisor Dolan
CLOSED SESSION: The Board recessed at 8:16 a.m. to hold a closed session
regarding personnel matters.
SUPERVISOR DOLAN PRESENT AT THIS TIME
RECONVENE: The Board reconvened at 9:03 a.m. after holding a closed session
on personnel matters. Announcement will be made later in the day.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
ADDITIONAL b1ATTERS BY CHAIRMAN
Chairman Wheeler stated the Board of Supervisors recognize and
support the San Francisco 49ers, they are a shining example. They have
gone from the basement and are now on top. This year the Board is going to
shine too.
Mr. Elmer Bruillard, retired fire chief, presented Chairman Wheeler
with a gavel.~_ made out of the Hooker Oak tree which fell in 1963.
APPOINT INTERIM COUNTY ADMINISTRATIVE OFFICER
Chairman wheeler stated during closed session the Board offered the
position of County administrative Officer on an interim basis to the assistant
Mike Pyeatt. The Board has indicated the full confidence and support in his
ability. The Board feels they asked for a minimum of six months on an interim
basis because they feel they need at this time flexibility to review and
restructure the Administrative Department after budget time.
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
carried, to appoint alike Pyeatt the interim CAO and the idea is that it will
not be just six months, the Board's first priority is to get through the budget
and then they will have a time line at which they will look at the office, its
structure, functions, staffing relationships, hopefully it will be within the
six months time line was approved.
Mike Pyeatt, interim administrative officer, stated he would personally
like to thank the Board for the confidence and hopefully with the patience and
understanding of the full Board, and some of the trying time they have before
them, they will make it through together.
CONTINUE MINUTES - A~titENDD4ENT TO MINUTES
Continued to February 2, 1982 approval of the minutes of January 6,
12, 13, 19 and 20, 1982 as requested by staff.
On motion of Supervisor Moseley, seconded by Supervisor Saraceni and
carried, the minutes of January 19, 1982 were amended as follows:
The public hearing date of February 2, 19$2 for consideration of
the Samuel O'Lear appeal of conditions on a tentative parcel map was changed
to February 23, 1982 at 10:15 a.m.
Page 132.
January 26, 1982
82- 161
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CONTINUE TO FEBRUARY' 9, 1982 - CONSIDERATION OF VETERANS' SERVICE OFFICER
MERIT TNCREASE
Tt was moved by Chairman Wheeler, seconded by Supervisor Dolan,
to hold the merit increase. of the Veterans' Service Officer and that they
seriously direct the Administrative staff to hold any merit increases until
the Board has a chance to review the budget process.
Jim Rackerby, personnel director, stated they have collective
bargining and it is a condition of employees If they want to changa this,
it must be done at that time. They can hold the merit increases on department
heads, but if they are talking about freezing limit for merit increases they
must consider there could be a law suit.
Chairman Wheeler withdrew her motion at this time until she could' -
discuss the issue with the Personne:l.Director.
Merit increase for Veterans' Service Officer continued to Febr-
uary 9, 1982.
Supervisor Dolan stated they could meet and confer next week and
discuss the matter.
APPROVE HEALTH INSURANCE SATELLITE CONTRACT FOR OVERALL ECONOMIC DEVELOPMENT
CORPORATION
It was moved by Supervisor Dolan, seconded by Supervisor Moseley,
that the satellite contract for health ihsurance coverage for the staff of
the Dverall Economic Development Corporation be authorized.
Jim Rackerby, personnel director, stated there are a number of
city agencies and districts within the county that are non-governmental
who participate. This type of contract they are required to pay the total
premium so these is no cost to the county.
Vote on motion:
AYES: Supervisors Dolan, Moseley, Saraceni and Chairman Wheeler
Motion carried.
163 AUTHORIZE PAYMENT FROM CHICO BRANCH LIBRARY CONTINGENCY ACCOUNT FOR FIRE
HYDRANTS
Mike Pyeatt, interim administrative officer, stated they brought
this item back. It was submitted to the City of Chico for contribution, they
have denied the contribution as they are already contributing to the curbs.
Supervisor Dolan questioned if this could be directed to the Library
Corporation.
Gerald Lively, deputy administrative officer, stated. it was a
change order and the funds would be coming from the contingency. It changes
the bond rate. This is the reason for a contingency fund. The fire hydrant
is a requirement of the city and. it was an anticipated cost. it was not a
part of the construction agreement. The city feels they have completed their
obligation.
On motion of Supervisor Dolan, seconded by Supervisor Moseley and
carried, the payment of an estimated $2,487 to California L4ater Service
Company to install a six-inch fire hydrant near the corner of East First Avenue
and Sherman Avenue which will 6e owned and maintained by the City of Chico
for the Chico Branch Library with funding from project contingency account
was authorized; and the Administrative Office instructed to authorize the work.
AYES: Supervisors Dolan, Moseteand Chairman Wheeler NOES: Supervisor
Saraceni Page 133.
January 26, 1982
82- 164.
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January_26,_1982
ACCEPT PRIVATE CONTRIBUTIONS FOR DRUG COUNSELINu AND REFERRAL CENTER
On motion of Supervisor Moseley,.-seconded. by Supervisor Dolan and,
carried, the donations in memoriam totalling $25 to the Drug Counseling
and Referral Center in accordance with Government Code Section 25355 were
accepted; and direct preparation of the necessary budged transfer approp-
iating the revenue.
AUTHORIZE DISCHARGE OF ACCOUNTABILITY.- CHICO MUNICIPAL COURT
It was moved by Supervisor Dolan, seconded by Supervisor Moseley,
the discharge of accountability of delinquent accounts receivable totalling
$23,721 (criminal accounts, $4;106 :and traffic accounts,, $19,615) be authorized
for Chico Municipal Court.
Supervisor Saraceni questioned if these accounts could be turned
over to a collection agency.
Mike Pyeatt, interim administrative officer, stated they will be
turned over and before an individual could renew his drivers license they
would be required to pay.
Supervisor Saraceni felt that could take two to three years. 44ould
it be better to turn it over to an agency .for col.lectiori of 100:'percent.
Nr. Pyeatt stated it would be handled within the framework of the
Department of Motor Vehicles. If any of the people are stopped, they will
pay the bill.
Vote on motion:
AYES: Supervisors Dolan, Moseley, Saraceni and Chairman Wheeler
Motion carried.
166 REPORT ON IMPLEMENTATION OF SMALL CLAIMS COURT ADVISOR PROGRAM - CONTTNUED TO
A LATER TIME
A report on implementation of small claims court advisory program
held at this time.
Supervisor Moseley stated she felt it was just a new department
and in another year it would be expanding to a full fledged department.
Mike Pyeatt, interim administrative officer, stated this was presented
as a piece of legislation that is tied in to the county suit to the state.
He questioned if the Board wanted to proceed with the legislation or put it
on a back burner until the suit was settled. There has been a proposal by
a Sacramento firm. Did the Board wish to consider this firm.
Supervisor Dolan stated she was aware this was part of the law suit.
Even though the state legislation has been realized, it was questionable if
the fees were going to pay the cost_ It was not mandated without any money
at all, this is a hazy one. She auestioned how clear the issue was. She
is not ready to not follow the law without the action of a restraining order.
The state expects them to implement, They cannot carry it without the needed
revenues. There were not enough local firms to pick from. She was looking
at a reduction of cost.
Mr. Pyeatt stated he felt the courts commenced with increasing
the filing fees by law. C+7hen they first started meeting with Judge Rutherford
she had already sent out rfp's on behalf of the courts. They contacted those
individuals and asked for proposals on a county wide basis.
Page 134.
January 26, 1982
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January 26,1982
Chairman Wheeler felt as an individual legislative representative
snd member of this Board, she voted to join this litigation and it is not a
self righteous~iridication. She did not think CSAC was .saying they are not
good and just. They are just asking if the state position is legal and
justified in the implementation of these programs. The counties are just-
ified in this position. To proceed they would be saying they will implement
them even if they do not agree.
Supervisor Dolan did not feel they as a legislative body could
decide which one to get involved with.
Supervisor Moseley felt it was their duty to challenge same of these
laws that cost $1,200 or $14,000. Next year it will be three times that.
She felt they should take it clear off the stove.
Mr. Pyeatt suggested they meet with the two local firms and negotiate
a fine tuned figure and come back with a report.
Supervisor Moseley felt this was another case of government trying
to take care of you from the cradle to the grave.
Supervisor Saraceni stated he agreed to do nothing until after the
CSAC position was learned.
Supervisor Dolan stated they are collecting the .increase of fee.
If they plan to do nothing, they should not collect the fee. She did not
feel this issue was clear cut. It was a state mandate with the ability to
raise revenue. The. courts have. implemented this phase. They are doing part
of it. The issue with the law suit is mandates without revenue or funding.
Pir. Pyeatt suggested they negotiate for a three to six month time.
It is an unknown as to how many people will avail themselves to this service.
Large businesses filing perhaps 100'5 of small claims will not avail themselves
to' this.
Supervisor Dolan stated she was not saying implement this because
it was a good program. They are following through and implementing because
it is a state law. If they are not doing this, they should not collect the
fees.
Del Siemsen, county counsel, stated the law became effective on
January 1, 1982 and you should have your advisor ready at that date. He
felt they might consider continuing to negotiate without entering into an
agreement until something final has come from the litigation in court.
It was moved by Supervisor Dolan, to fully implement the small claims
court advisory program; they are to proceed with the law suit against the
state where mandates do not serve the administrative costs; and the Admin-
istrative Office to proceed with negotiations for services and costs from
the two local firms.
Motion dies for lack of a second.
It was moved by Supervisor Moseley, seconded by Supervisor Saraceni,
to place the small claims court advisory program on the back burner until
such time as litigation is settled.
Supervisor Dolan felt if they were collecting the money, they were.
in the money making business.
Supervisor Saraceni stated the people are saying we cannot afford
any ~ more. They should do whait~~hey can to stop this program.
Page 135.
January 26, 1982
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January 26, 1982
Vote on motion:
AYES: Supervisors t+ioseley, Saraceni and Chairman Wheeler
NOES: Supervisor Dolan
Motion carried.
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CONTINUE TO FEBRUiaRX 2, 1982 - DISCUSSION ON REPORT OF BUDGET ACTION PLAN
Discussion on the report of budget action plan was continued to
February 2, 1982. This is information prepared only for Board members.
Other information will be .coming forward next week.
APPROVE BUDGET TRANSFERS
On motion of Supervisor Dolan, seconded by Supervisor Moseley and
carried, the following budget transfer was approved:
B-129 - Probation - OCJP Victim/Plitness Program. Transfers $397
from general insurance, $389 from special department expense and $1,092 from,
utilities; with $1,878 going to equipment in order to cover the purchase of
a 16mm projector with screen and zoom lens pursuant to budget modification #4
as approved by the Office of Criminal Justice Planning on January 13, 1982.
Supervisor Saraceni felt they should look closely at budget time
regarding such things as over budgeting for certain items such as utilities.
REPORT FROM PROBATION RE: STATUTORY OR COURT ORDERED RESPONSIBILITIES
The report from Probation retarding the statutory or court ordered
responsibilities pursuant to provisions of the State Code of Civil Procedure
indicating that staff and financial resources are not available to meet
statutory or court ordered responsibilities was discussed at this time.
Chairman Wheeler indicated this was submitted as informational
yourposes for the Board to take under consideration during budget Session.
Mike Pyeatt, interim administrative officer, stated it was to
make the Board aware of the problems facing Mr. Herring. Nlr. Herring will
be meeting with the judges to work on the problem and work load. It is
not a request for more staff. He is expressing his difficulties.
To be considered at budget time.
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APPROVE VAd2Il.NCE RENE[7AL
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
carried, the petition for renewal of variance to Sections 19-10 and/or 19-12
of the Butte County Code for placement of a mobile horse on AP 42-05-14,
Route 1, Box 765, Rodeo Avenue, Chico area for Ben Ringer; zoning: "A-5"
was approved.
ADOPT ORDINANCE 2265 - CIAIVE SECOND READING OF ORDINANCE IMPLEMENTING PUBLIC
HEALTH PERMITS FOR FCOD ESTASLISHI4ENTS
Supervisor Saraceni stated he had requested this item be continued
and he accompanied Mr. Vanhart and his associate on an inspection tour. It
was very well done. He presented to the Board some information on what he
felt would be a recommendation to what has been proposed for the ordinance.
Dr. Richard Svihus, director of public health, stated this program
has been recommended by Grand Juries since 1970. The full service program
is in practice in other counties except Butte and one other. Tt describes
what the standards are and generally accepted throughout the state. The
ordinance would allow for two sanitarians. The standards are set out by
the Health and Safety Code. There are no new standards. The Board previously
Page 136.
January 26, 1982
January 20, 1982
8 2-
approved the program guaranteeing two sanitarians and the fee resolution. The
3oard has waived the first reading of the ordinance presented. They have
prepared a ~:~roposed revised fee schedule adjusting the previously approved fees.
Phe revised resolution will be back next week should the ordinance be adopted.
restaurant with 40 seats would pay $00 per year fee. Tf the restaurant was
open six days a week or 313 days for the year the cost would be 19 cents a day.
If they cut the program in half it would save 10 cents a day. This would call
for four inspections plus a call back. If the program was cut back it would
be two visits per year and one call back. The fee schedule as proposed is
less than surrounding counties. Dr. Svihus stated they have before them a
letter from Table Mountain Tavern supporting the ordinance and proposed fee
schedule.
Del Siemsen, county counsel, stated if there was to be an increase
in fees, they will have to set it for public hearing. If there is a decrease,
there is no problem. They can proceed with the ordinance.
Supervisor Saraceni suggested instead of two inspectors they should
go with one. It would cut the fee in half. There would be a 10 cent savings
to businesses. He did not feel there were adjustments for storage space.
They could go with the quarterly inspection, but he felt this would be a.
waste of time and fees. They could be allowed 2 to 3 months to get any problems
corrected. He would recommend a semi-annual inspection.
1. Cary Quillici, Depot Restaurant, spoke in favor of the inspection
program as it was in line with the state requirements. He was opposed to the
fee schedule. He did not feel they should have to pay for services that will
come in and then add charges to repair. He questioned why should they as
individual business people pay a fee and pay for repairs and what ever else
they should do. He would be in favor of semi-annual inspections.
2. Ken Britton, Rico's Pizza, stated he previously lived in a
state where they conducted semi-annual inspections. If there was a serious
problem they had 15 to 30 days to repair. He will comment on the fee schedule
at the public hearing.
Supervisor Moseley stated at this time they should be looking at
reductions, not additional personnel. She is concerned about the cost to
the businesses like Supervisor Saraceni is. If they could get it down to
a semi-annual inspection and the back up inspection. This could be adjusted
later if it was not workable.
P4r. Siemsen stated they are considering whether to adopt the ordinance
within the county. _. They will be doing the inspections anyway. They could issue
the permits and correct the fees. A resolution establishing the fees in half
would be approved after the public hearing.
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
carried, the second reading of an ordinance implementing Public Health permits
for food establishments was waived; Ordinance 2265 was adopted and the
Chairman authorized to sign.
A public hearing date was set for February 9, 1982 at 10:45 a.m.
to consider adopting a resolution setting out the inspection fees.
It was moved by Supervisor Saraceni, seconded by Supervisor Moseley
to instruct County Counsel to draw up a resolution cutting the proposed fees
in half.
Supervisor Dolan questioned the $96 per year fee per restaurant
regardless of size. Size should be considered. They will have both proposals
before them. Page 137.
January 26, 1982
8 2-
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173
January 26, 1982
Motion withdrawn at this time.
CONTTNUE TO E'EBRUARY 2, 1982 - CHTCO AREA RECREATION AND PARK DISTRICT REQUEST
FOR PENALTY RELIEF
Ed Bosworth, treasurer-tax collector, stated he has discussed the
issue of the penalty relief with Mr. Jerry Hughes from CARD. He could find
nothing in the code under which there is consideration of a public entity.
He cannot act on his sympathy. He has reviewed the file very carefully, both
written and oral material with his assistant. He could not find anything
that would allow such circumstances as to be mitigated.
Supervisor Dolan stated there was one case where they went against
the recommended advice. It was because of personal circumstances. She
questioned if there was something within the county code.
Del Siemsen, county counsel, stated he has looked at this. He could
not recall the previous action. He would want to go back and research and
review the facts.
Jerry Hughes, general manager, CARD, questioned if it would be
appropriate for him to meet with County Counsel and review this with him.
The matter was continued to February 2, 1982 to enable County
Counsel to research the matter.
RECESS: 10:18 a.m. _
RECONVENE: 10:29 a.m.
PUBLIC HEARING: B-127 - COMbIUNITY ACTION AGENCY PROGRAM - BUDGET TRANSFER
The public hearing on budget transfer B-127 - Community Action
Program. Establishes a budget for the Community Action Agency 1982 Head
Start Program including the Handicapped Grant totalling $583,437 which includes
$116,687 in-kind contributions and unanticipated revenue - federal aid from
the Department of Health and Human Services totalling $466,750 was held as
advertised.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
174
On motion of Supervisor. Moseley, seconded by Supervisor Saraceni
and carried, the following budget transfer was approved:
B-127 - Community Action Program. Establishes a budget for the
Community Action Agency 1982 Head Start Program including the Handicapped Grant
totalling 5583,437 which includes $116,687 in-kind contributions and unantic-
ipated revenue - federal aid from the Department of Health and Human Services
totalling $466,750.
PUBLIC HEARING: CARL 3. WOODS - PROPOSED NEGATIVE DECLARATION REGARDTIdG
EIdVIRONMENTAL IMPACT AND APPEAL OF THE PLANNING COP7~~iISSION'S DENIAL OF A
USE PERMIT, MINING PERMIT. AND RECLAA~7ATION PLAN TO ALLOW A BLASTING AND
ROCK CRUSHING OPERATION ON PROPERTY ZONED "A-2" (GENERAL) LOCATED ON THE
SOUTHEAST SIDE OF COHASSET ROAD, 1/4 MILE NORTH OF KEEPER LAND, IDENTIFIED
AS AP 47-23-36, SIX MILES NORTH OF CHICO
The public hearing on Carl J. Woods proposed negative declaration
regarding environmental impact and appeal of the Planning Commission's
denial of a use permit, mining permit, and reclamation plan to allow a
blasting and rock crushing operation on property zoned "A-~2" (general) located
on the southeast side of Cohasset Road, 1/4 mile north of Keefer Lane,
identified as AP 47-23-36, six miles north of Chico was held as advertised.
Page 138.
January 26, 1982
January 26, 1982
82- Bettye Blair, planning director, stated this was a timely appeal.
b The Board has backup information, Planning Commission minutes and correspondence.
Hearing open to the public. Appearing:'
1. Al Driscoll, Driscoll and Peterson, appearing on behalf of Mr.
Woods. Mr. Driscoll stated he had a Mr. Ken Swinford of Austin Powder Company
to testify before the Board. Their proposal was recommended by Planning
staff, but denied by the Planning Commission. The major concerns from the
citizens was from the potential blasting at the site and the hauling of
material and .aesthetics consideration. With the sequencial blasting there
is no problem of concussion and problem with debris. They can direct their
questions regarding blasting to Mr. Schwinford. with respect to the hauling
of materials, Mr. Woodsthas agreed tc pay the county for any damage to the
roads. They are prepared to enter into an agreement prohibiting use of,
Keefer Road for hauling. He will see that it is enforced. Regarding aesthetics
the area is an eye sore now with a large quarryoperation to the northwest of
the reclamation plan. Mr. Driscoll posted an artists concept of what Mr.
Woods plans for the area would be on the board. There will be placement of
trees. It will be an improvement to the existing site. ,They would ask for
approximately one year to complete the design. Mr. Woods is presently working
several other operations in the state.- There has been no damage to property.
The site in Porterville does blasting within 600 feet of a residence without
damage. It is a new method with no dust.
2. Ken Schwinford, Austin Powder Company, stated he has worked
for the company for five years, He does 100 percent of Mr. Woods blasting.
Mr. Schwinford set out the method by which he does blasting. There would
be virtually no adverse effects to residents in the area. It is much quieter.
** You are dealing with a multitude of smaller blasts. There would be a little
bit of dust. It is a~nethod to keep flying rock, vibrations or noise from
the area.
Clay Castleberry, public works director, stated they used the
same method to blast the bridge on the Feather River. They were within
75 to 100 feet. of the old Griggs building. It was very appropriate.
Supervisor Moseley questioned the location of Route 4 and 5 in
Chico. The petition signed by residents were mostly in the Lassen Avenue
area.
Chairman wheeler indicated there were concerns from the residents
that the trucks would be coming down their road.
Several aerial photographs presented by Mr. Meyer at the
Planning Commission hearing were presented to the Board for viewing by
Ms. Blair.
Chairman Wheeler indicated all of the material would be going to
the Sacramento River.
Mr. Driscoll stated this new method was much quieter. They would
use water bars for dust. It would not cause significant noise or problems.
They use dry holes of 20 feet deep with possibly 8 or 10 in the powder line.
One way to stop the flying of rocks would be to use a net. Staff recommended
the project, these problems could be overcome. They would be blasting once
every two weeks. They are willing to consider other alternatives to make
the project feasible.
3. Kevin Meyer, Box 169, Cohasset Staae, Chico, stated he lives
about 400 feet from the quarry. He felt a person should. have the right to
Page 139.
January 26, 1982
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Janua~-26, 1982
use their property as they wish. The previous owner of the subject property
i.eft 30 feet deep holes on the-property. P4r. Meyer read comments from the.
Manning Commission minutes stating the reasons the project was denied.
Phere are new homes being built in the area. Had they known of the quarry
Mans they would not have proceeded. The property owners felt the quarry
could have a detriment effect on their property and homes. He stated Mr.
3chwinford was an employee of Mr. Woods. He felt the hauling of debris would
affect the traffic seriously. The Planning Commission alternative was to
~o down to Highway 99•and then to Highway 8 and then to Nord and Highway 99E.
It was also mentioned the driver of the truck would be responsible for the
9amage, it would not be a company employee. He felt it would diminish the
value of his property. Regarding the environmental concerns there would be
the noise of the trucks and crusher. He felt the ruins would be left behind.
Phey are concerned about heavy blasting.
Mr. Driscoll stated he was sympathetic with the concerns for-his
home. It was purchased with the existing euarry at the location. He felt
it was a balance of interest. They have come before the Board with assurances
there will be no excess noise, dust or concussion. The condition of the
other quarry has nothing to do with this project as it will be taken care of.
He felt these issues could be mitigated. There is a sawmill directly across
from the subject property. It is not a rural setting.
4. Joe Sykes, Chico, stated he owns 100 acres which borders Mr.
Carl Burns which is within 200 feet of the Lever property. He has worked
35 years in the construction business. He""has moved a lot of rock in Alaska
and Washington. This is a precarious operation. Children will be waiting
for school buses in the mornings and afternoons close to where the blasting
will take place. Everyone has been fighting this for eight years.. Every
property owner is against this project. It will depreciate the value of property
There are rocks on the surface that could be utilized. Most young businesses
will go bankrupt this year.
5. Pete Peterson, Box 147, Hamilton City, stated he was a resident
f Butte County. He wanted to speak in favor of Mr. Woods operation. He
as known him for 10 years. He has helped during times of flood. He is
epresenting the Sacramento Land Valley Owners association who are in favor.
uch of the rock at Chico Mud Creek and the campus at CSiT-Chico was supplied
hroucrh the Sacramento River.
Mr. Driscoll stated the schedule for blasting could be rearranged
ound when the children are not present. Surface rock cannot be used.
Ms. Blair stated there was investigation to see if this permit could
covered under the previous owner. It was not possible.
Mr. Driscoll stated the figure of 20 trucks per day was an average.
t would possibly be used only three months out of the year. He questioned
ounty Counsel if they could agree to blasting only during a certain period
uch as April through September.
Del Siemsen, county counsel, indicated that would certainly be
fate and acceptable.
Mr. Driscoll felt Mr. Wocds agreement could include the route used
the truck drivers. They would enforce it because of the risk of losing the
mit.
Chairman Wheeler stated the areas of Cohasset and Keefer were within
five. year federal funds. Keefer Road needs total revamping. Logging trucks
Cohasset have ruined roads that developers have built up. There is a
al problem there. Page 140.
January 26, 1982
6 2-
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____ _ _ January 26, 19_82 _______ _ _____
Mr. Driscoll stated there were concerns voiced in Tehema and Yuba
counties. Mr. Woods entered into an agreement. He is prepared to do the
same today.
Mr. Castleberry stated he did not feel it dealt with money. There
could be an agreement and bond. There is the question of safety for the
people and less conjestion. If Keefer Road were used, it would definately
have to be repaired. It would be less hazardous to use Keefer. They can
mitigate some of the concerns.
.Mr. Driscoll stated the. surface rock would not meet the specifics
of the Reclamation Board. He did not feel you could please al.l of the people
all of the time.
Mr. Sykes stated a lot of rock from the Pentz Road quarry went
into the Sacramento River.
Supervisor Saraceni noted the previous operation had not been taken
care of. He felt this project would be mitigated in that they will do repair
work and put it in proper perspective after the work is done. Now it is a
mess and no one is going to change that. It is possible it could be cleared
up. The rock is being utilized in this community. He felt it could be
operated to meet the needs of the people.
6. Jack Adams, 167 Rock Creek Road, questioned who ..the staff was
that recommended this project. This is the fourth time he has been before
the Board to object to this type project. He did not feel anyone should
harm his neighbor.
Chairman Wheeler suggest the people in the area should perhaps
consider changing the zoning. Then this could not happen.
Mr. Adams voiced his concerns for the traffic at present because
of people going to the airport and the mill. He felt the noise of the
crusher would go on all day. The trucks hauling the rock have open ends
and the debris. would fall. It would be hazardous for people driving behind
the trucks. There should be an understanding on the route to be taken.
Hearing closed to the public and confined to the Board.
Supervisor Dolan stated it is similar to the use previously allowed
under a use permit. There are two issues. which could not be mitigated. The
truck traffic and incompatible uses of the land. Residential growth is going
out into that area. It would be inappropriate.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, that the proposed use permit, mining permit, and reclamation plan
to allow a blasting and rock crushing operation on property zoned "A-2"
(general) located on the southeast side of Cohasset Road, 1/4 mile north of
Keefer Lane, identified as AP 47-23-36, six miles north of Chico for Carl J.
Woods does not meet the provisions of the Butte County Code or compatible
with the area and that the request be denied.
AYES: Supervisors Dolan, Moseley and Chairman Wheeler NOES: Supervisor
Saraceni
Supervisor Moseley stated she had a problem voting the way she did.
The highway was one of her concerns as they do not have money available to
repair them. If they could have not gone across the highway she would have
been in favor.
Page 1~#1.
January 26, 1982
January 25, 1982 '
82- 175. PUBLIC HEARIddG: JLOWELL SIdITH - APPEAL OF CONDITION NO. 8 ON A TENTATIVE PARCEL
=r MAP, AP 42-03-09, FOUR PARCELS, PROPERTY LOCATED AT THE INTERSECTION OF CUSSICK
AND LASSEN AVENUE, CHICO AREA
The public hearing on the Lowell Smith appeal. of Condition No. 8
(provide for permanent solution of drainage) on a tentative parcel map, AP
42-03-09, four parcels, property located at the intersection of Cusick and
.Lassen Avenues, Chico area was ,held as advertised.
Clay Castleberry, public works director, stated theiY Previous
decision on a four parcel division and this is the first division of those
four parcels. He felt there would be further divisions.. They are one acres,
The Advisory Agency felt there should be some storm
drainage system in the area. If they do as in the past, they will grant this
waiver. They have already helped create some 30 parcels and. there is a
potential for 30 more. This is a classic example of Lassen Avenue. He-does
not think it is the best example of planning. This parcel will not create
a problem, but if 60 to 100 more are approved it will come back to haunt them.
He recommended there will be a need for drainage there.,
Hearing open to the public. Appearing:
1. Lowell Smith, 724 Rebecca Court, Chico, stated they had prepared
n agenda for the members to provide for the permanent solution to drainage,
he soil is infiltration of ulna fine sandy loam. Mr. Smith read from a
etter by LeRoy N. Barker, professor, CSU-Chico indicating there was na
eed for a drainage district in this area. There has been 21.64 inches of
ain since October 1 and there have been no problems. Mr. Smith presented
is agenda to the Board at this time.
Supervisor Dolan stated soil is given to densities. It is a factor
how~nany houses are~uild per acre and how many roof-tops. She has other
uments and statements which differ on this concern. Everyone contributes
drainage problems. ~ ..
Mr. Smith questioned if there had been an indepth study of the area.
wished he could have had this information before he purchased this property.
appreciated the Boards comments.
Hearing closed to the public and confined to the Board.
Supervisor Dolan stated people have to recognize that placing of
iveways is the beginning of drainage problems.
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
rried, the appeal of Lowell Smith on Condition No. 8 (provide for permanent
lotion of drainage) on a tentative parcel map, AP 42-03-09, four parcels,
operty located at the intersection of Cussick and Lassen Avenues, Chico area
upheld and the condition deleted.
176 PPEARANCES: GEORGE SCHWINDEMAN
George Schwindeman, 1464 Kelly Street, Thermalito, made reference
to the closing of certain offices within the county. He is on a county
ommission and could not get access through the telephone. He had to drive
to the office.
Chairman Wheeler stated the item would be continued to the February 2,
82 agenda and he could address his comments to the administrative staff.
177 PPEARANCES: MARY ANDREY7S
Mary Andrews wished to speak to the Land Conservation Act agreements
n the Board's agenda today.
Page 142.
January 26, 1982
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Chairman Gdheeler stated she discussed this issue with Bettye Blair,
planning director, who had talked with b1rs. Francis Carmichael regarding the
inclusion of-one contract... •It was suggested the matter come back next week
as two separate contracts..
Mrs. Andrews stated the applicant was concerned if in the future
she wished to withdraw the two parcels were not contiguous. She was willing
to pay an additional $50 fee.
Del Siemsen, county counsel, stated they could withdraw the one
application for one week and he would look into the matter. If the two parcels
are not contiguous,. maybe it would be more appropriate. Tf they should
request nonrenewal it would be the whole thing. He would bring it back, it
has been approved by the LCA Committee.
County Counsel to report back on February 2, 1982.
178
APPROVE LAND.CONSERVATTON ACT AGREEMENTS - PLANNING
On motion of,Supervisor Saraceni, seconded by Supervisor Dolan and
carried, the following Land Conservation Act agreements which have been
reviewed and recommended for approval by the Land Conservation Committee
were approved :. and the Chairman authorized. to sign said agreements:
1. Decker Orchards, Inc.
2. James R. Walter
3. Fred R. Spanfelner
4. Tony Martinez
5. Nevis Land Company
6. Skinner Brothers
One application with Cheryl S. Berge was held at this time as
recommended by the Committee for proof of planting_ The Francis L. Carmichael
agreement to be brought back on February 2, 1982 by County Counsel.
179
180
181
APPEARANCES: ORRIN STRATTON
Orrin B. Stratton, Chico, stated he felt the Board could do nothing
but stand fast in the face of the law suit on state mandates. The Board must
be firm. Proposition 4 gave them the tool to use to stop these mandates.
ADOPT RESOLUTIONS 82-17 AND 82-18 - APPROVE PUBLIC WORKS ITEMS
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
carried, the following Public. Works items were approved:
1. Adopted Resolution 82-17 for Program Supplement No. 24, removal
of crossing protection at Southern Pacific Railroad and Dayton Road crossing
to Master Agreement No. 03-59-12 (federal projects) covering funds required
for removal of the existing crossing protection (gates and lights) at the SPRR
crossing .of Dayton Road which is to be a part of the total Dayton Road re-
location project, Project No. RRS-Y77S(003); total amount of funding is $20,250
(federal, $18,225 and City of Chico - County of Butte, $2,025) and the
Chairman authorized to sign.
2. Adopted Resolution 82-18 approving an agreement regarding the
freeway on Road 03-BUT-99 between 0.4 miles south of the east fork of Roberts
Creek to the city limit of Chico, approximately 0.3 miles south of the Skyway
overcrossing; this agreement supersedes the current freeway .agreement of
October 26, 1971 by providing for an additional public road approach to State
Highway 99 for South Gate Lane and the Chairman authorized to sign.
PUBLIC WORKS TO CONTINUE TO COOPERATE WITH HTGHWAY PATROL REGARDING .HAZARDOUS
SPTLL REMOVAL ON COUNTY ROADS
Discussion was held Yetding the hazardous spill removal on county
roads at this time. Page 143.
January 26, 1982
Januar~r 26, 1982
82- Clay Castleberry, public works director, stated they have been working
~ with the California Highway Patrol regarding the removal on county roads.
Lt. Bill Sanders, California Highway Patrol, stated he was also
speaking for Lt. Gray of Chico. He is not speaking of pesticides but
explosive and radio active materials. They go through Butte County every day.
Section 2454 of the Vehicle Code cites the removal will be at the expense of
Butte County.. The responsibility of scene management is a new law from last
year. It is under Section 941 of the Streets and Highway Code. The county
may remove things spilled on the road. They are the scene managers at the
spill. The procedure is to immediately clean up the spill and handle the
driver and get the most information. This is his 8th year in the area and
there has never been a spill other than pesticides.. They have worked closely
with Joe Bandy, Agriculture Commissioner and his crew. They would like the
county to deligate them to call in crews since they are the scene manager.
This would be for a life threatening situation. They could deligate the
duty to those with expertise. They are not responsible for payment. The
vehicle which spills is responsible for paying. They would call Butte County
Public Works and if they had no expert for combustibles, they have a list of
agencies to call. But they do want the authority from the county. Training
of the Sher if f'9 Department and other county agencies will start soon along
*** with the California Division of Forestry.
On motion of Supervisor Saraceni, seconded by Supervisor Moseley and
carried, that Public Works continue to cooperate with the California Highway
Patrol as it relates to life endangering situations.
Referred back to Public Works to reanalyze the proposal.
RECESS: 12:20 p.m.
RECONVENE: 12:36 p.m.
182 APPROVE TREASURER-TAX COLLECTOR ITEMS
On motion of Supervisor Moseley, seconded by Supervisor Saraceni
and carried, the following Treasurer-Tax Collector items were approved:.
1. Authorized transfer of payment to unsecured roll pursuant to
Sections 4831 and 4836.5 of the Revenue and Taxation Code the transfer of the
1978-79 tax amount on AP 021-17-0-011-0 (now 021-17-0-046-0 and 047-0) to the
unsecured roll as a lien against Lawrence J. and Elzena Mae Goodell; amount to
e transferred includes: tax, $699.19; penalty, $216,74; and fee, $5.
2. Authorized transfer of payment pursuant to Section 4911.1 of
the Revenue and Taxation Code of $355.44 made by Patricia Gilchrist to AP
27-23-0-060-0 to be applied to AP 028-27-0-156-0 as a lien against assessee
ose King that was brought about by a clerical error.
183 UTHORIZE CONVEYANCE OF DEVELOPMENT RIGHTS AND PERPETUAL OPEN AREA EASEMENT -
AMES M. PAIVA - PLANNING
On motion. of Supervisor Dolan, seconded by Supervisor Saraceni and
arried, the amended conveyance of development rights and. perpetual open area
asement for James M. Paiva to comply with the condition of approval of a use
ermit was authorized and the Chairman authorized to sign amended agreement.
184 DOPT RESOLUTION 82-19 - COURT REPORTERS URGENCY LEGISLATION
Del Siemsen, county counsel, set out the background on the proposed
esolution for urgency legislation to .ratify the oversight in dropping the
ourt reporters' salaries on January 1, 1982. They plan to join in Glenn
ounties legislation. Presently by law they receive $24,000 plus the 2 percent.
hen the legislation is approved they will prepare an ordinance to establish the
alaries.
Page 144.
January 26, 1982
8 2-
185
Y=--==__- ===January 26, 1982__________________
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
carried, Resolution 82-19 recommending urgency legislation to ratify the
oversight in dropping court reporters' salaries on January 1, 1982 was adopted
and the Chairman authorized to sign.
CONTINUE TO FEBRUARX 2, 1982 - APPOINTMENTS
Continued to February 2, 1982 the following appointments:
Appointments to Butte County ~HOUSing Authority - District 2.
Appointments to Mental Health Advisory Board_
186
187
188
189
190
APPOINT SUPERVISOR SARACENI TO LOCAL AGENCY FORMATION COMMISSION
On motion of Supervisor Moseley, seconded by Supervisor Saraceni and
carried, the appointment of Supervisor Saraceni to represent the Board of
Supervisors on-Local Agency Formation Commission was approved.
CONSIDERATION OF NORTHERN CALIFORNIA COUNTY SUPERVISORS ASSOCIATION COMMITTEE
SELECTIONS
Chairman Wheeler stated Board members were to review the Northern
California County Supervisors Association Committee list~and indicate to the
Administrative Office their choice to be submitted.
CONTINUE TO FEBRUARY 2, 1982 - CONSIDERATION OF BACHMAN AND ASSOCIATES LETTER
REGARDING LATE APPEAL OF DON PRIDE
Continued to February 2, 1982 consideration of Bachman and
Associates letter concerning late appeal o£ Don Pride appealing Condition No.
7 (permanent solution for drainage) on a tentative parcel map, AP 47-34-11 and
12, three parcels, property located on the north side of Reefer Road, west of
Hicks Lane, north Chico area.
RECRUITMENT PROCESSES FOR COUNTY ADMINISTRATIVE OFFICER HANDLED EARLIER
The recruitment processes for County Administrative Officer handled
earlier in the meeting.
CONTINUE TO FEBRUARY 2, 1982 - AMENDING POLICY AND PROCEDURE MANUAL AND
COUNTY CLERK'S OFFICE HOURS
Continued to February 2, 1982 the following items:
1. Consideration of amending Policy and Procedure Manual Section
1.10 concerning Chairman/Vice-Chairman selection.
2. Discussion of County Clerk's office hours.
191
192
INFORMATION DISTRIBUTED TO PRESS REGARDING CSAC WEEK
Chairman 6vheeler distributed to the press written explanation of
legislative mandate legal action against the State of California regarding
CSAC Week at this time.
COMMUNICATIONS
Forest Ranch Realty, Forest Ranch. The firm, on behalf of William Fitzgerald,
appeals Condition No. 1 {file a parcel map on the subject property)
on an application for determination, AP 63-OS-11 and AP 63-11-13,
one parcel, property located off of Forest Circle (240 feet),
Forest Ranch area. Set for public hearing on February 23, 1982
at 10:15 a.m.
McCain Associates, Chico. The engineers, on behalf of William Starr, appeal
the proposed negative declaration and Conditions No. 1 and 11 on a
tentative parcel map, AP 39-39-72, two parcels, property located on
Serenity Way, approximately 190 feet south of Stanley Avenue, Chico
area. Set for public hearing on February 23, 1982 at 10:30 a.m.
Page 145.
3'anuary 26, 1982
8 2-
a
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orothy L. Subke,-Paradise. Mrs. Subke writes complimenting the Board on their
decision to join with other counties in their action against the
state with regard to funding obligations.
Offices of Trezza, Ithurburn & Steidlmayer. The attorneys, on behalf of
Wesley Long, file a claim in the amount of $900,000 as a result of
alleged personal injuries sustained on or about October 16, 1981
at the construction site of the Table Mountain Bridge. See motion
following communications..
Embree, Gridley. Mrs. Embree files a claim in the amount of $475 as a
result of alleged property damage. incurred on January 4 through 6,
1982 brought about by flooding from the overflow of ditches along
Archer Avenue and Gilstrap Avenue. Referred to Risk Management
Coordinator. '
Janet Henrich, Marysville. Ms. Henrich writes concerning operating hours of
the. Recorder's Office. Information; no action taken..
County of San Joaquin_ The county writes concerning Assembly Bill 528 (Rosen-
thal) and potential adverse impacts on counties by failing to pass
the legislation by January 29, 1982. See motion following communi-
cations.
William R. Sands, Oroville. Mr. Sands writes forwarding information concerning
alternative methods for reducing expenditure without substantial
layoffs of county employees. Information; no action taken.
Senator Ray Johnson. Senator Johnson writes stating his position that there
is a problem with the Legislature failing to provide funding when
imposing new mandates on local government. Information; no action
taken.
State Board of Corrections. The Board of Corrections forwards Management
memo No. 3 to provide up to date material on the Jail Expenditure
Fund and to announce the second round of funding. See motion
following communications. Referred to Sheriff and County Admin-
istrative Office.
193 REJECT CLAIM - WESLEX LONG
On motion of Supervisor Moseley, seconded by Supervisor Saraceni
and carried, the claim in the amount of $900,000 as a result of alleged
personal injuries sustained by Wesley Long on or about October 16, 1981 at
the construction site of the Table Mountain Bridge was rejected and referred
to County Counsel and Risk Management Coordinator.
194 LETTER IN SUPPORT OF ASSEMBLY BILL 528 (ROSENTHAI,)
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
carried, a letter of support regarding Assembly Bill 528 (Rosenthal) and pot-
ential adverse impacts on counties by failing to pass the legislation by
January 29, 1982 was authorized and the legislature to be notified.
195 AUTHORIZE REAPPLICATION TO STATE BOARD OF CORRECTIONS - JAIL EXPENDITURE FUND
On motion of Supervisor Dolan, seconded by Supervisor Moseley and
carried, the reapplication to the State Board of Corrections for Jail Expend-
iture Fund for second round of funding was authorized.
Page 146.
January 26, 1982
January 26, 1982
82- ADJOURNPIENT
~ There being no further business before the Board at this time, the
IIoaxd adjourned at 12:48 p.m. to reconvene at 9:00 a.m. on February 2, 1982.
ATTEST: CLe"1RK A. NELSON, COUNTY CLERK-RECORDER
and ex-officio Clerk of the
Buf tB ~nty Board of Supervisors
Page 147.
Board of Superv
January 26, 1982