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HomeMy WebLinkAboutM030982iTATE OF CALIFORNIA ) SS. BOUNTY OF BUTTE ) 8 2'; ~ ' March 9, 1982 The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. esent: Supervisors Dolan, Moseley, Saraceni and Chairman Wheeler. Mike Batt, interim administrative officer; Del Siemsen, county counsel; and ark A. Nelson, county clerk-recorder, by Nancy Wilson, deputy clerk. e of Allegiance to the Flag of the United States of America Invocation by Supervisor Moseley The Board reconvened at 9:16 a.m. after holding a closed session regarding litagation. There were no announcements at this time. 416 unc~RCH 17, 1982 AT 1:30 P.M. TO HOLD BUDGET SESSION AND CLOSED SESSION Chairman Wheeler announced on March 17, 1982 at 1:30 p.m. there is a scheduled budget session. The Board will take approximately 2 1/2 hours for closed session on meet and confer on that date. They had planned to onsider the ISF budgets. 417 On motion of Supervisor Saraceni, seconded by Supervisor Dolan and rried, the minutes of February 3, 9, 10, 23, 24 and March 2, 1982 were proved as mailed with the following amendment: February 23, 1982, page 220, minute order 82-287, paragraph 1 reflect: "The local administration is required to use 50 percent of funds that is extremely important place to start." 418 ADDITIONAL AGENDA ITEMS (BOARD MEMBERS) TO BE ADDRESSED AT THE END OF THE DAY Chairman V7heeler stated she had correspondence to discuss during the end of the session. There is a letter from the 4-H group who will be laming a tree at the library. The other matter was in regards to Women in Agriculture. 419 SESSION: The Board recessed at 9:02 a.m. to hold a closed session regarding litigation. PT ORDINANCE 2268 - SALARY ORDINANCE AMENDMENT It was moved by Supervisor Dolan, seconded by Supervisor Saraceni waive the second reading of a salary ordinance to provide flexible staffing several county positions and reclassifications; and deleting the section ardin4 the Assessor's office. Mike Pyeatt, interim administrative officer, stated there were two finances to consider. The ordinance including the Assessor's office position been read by the clerk and the other ordinance deleting that position had first reading waived the previous week. Vote on motion: AYES: Supervisors Dolan, Moseley, Saraceni and Chairman Wheeler Motion carried. On motion of Supervisor Dolan, seconded by Supervisor Saraceni and led, the second reading of a salary ordinance to provide flexible staffing several county positions and reclassifications was waived. Page 277. March 9, 1982 8~ 'b. Mach 9,=1~6~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ It was moved by Supervisor Dolan, seconded by Supervisor Wheeler, that Ordinance 2268 a salary ordinance amendment to provide for flexible staffing for several county positions and reclassifications of several other positions including the section regarding the Assessor's office be adopted and the Chairman authorized to sign. Jim Rackerby, personnel director, set out the background on the position in the Assessor's office. They looked at classification and pay then on the responsibility and duties. The position will be doing the review and assist in departmental training and will handle legal responsibilities in their hearings. If they were to ask the person to perform the work at a lower classification, there would be an opening for a grievence. There is a provision in the contract, if an individual performs work out of their classification in excess of 21 accumulative days they will receive five percent pay increase. That can be done but the Assessor brought the issue before the Board. They recommend adoption. Supervisor Saraceni stated he was looking at the cost. Mr. Rackerby felt Butte County had broad classifications. It is not an issue of pay. He did not feel they should address a financial problem with an individual. They can address the pay, but classification defines the work. Ed .Brown, assessor, stated he felt a move in this direction was a real economic measure. The tax laws are complex and there is a problem with interpretation. The reclassification would relieve the attorneys in County Counsel's office. Should the position come vacant he would look towards an individual with an attorney background to replace the present position. vote on motion: AYES: Supervisors Dolan, Fioseley, Saraceni and Chairman SVheeler Motion carried. 420 421 422 4231 APPROVE MEMORANDUM OF UNDERSTANDING On motion of Supervisor Dolan, seconded by Supervisor: Moseley and carried, the Memorandum of Understanding with~BCEA on the issue of State Disability Insurance for county employees was approved. 18~DOPT RESOLUTION. 82-39 - ESTABLISHING CASH DIFFERENCE FUND - PARADISE JUSTICE COURT On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, Resolution 82-39 establishing a cash difference fund in accord- ance with Government Code Section 29370 et seq for Paradise Justice Court was adopted and the Chairman authorized to sign. APPROVE POSTAL RATE AGREEMENT AMENBMENT N0. 2 On motion of Supervisor Dolan, seconded by Supervisor Moseley and carried, over the counter issuance Amendment No. 2 for Food Stamp Issuance Agreement with the U. S. Postal Service which reduces the rate of transaction from $1.71 to $1.53 was approved and the Chairman authorized to sign. APPROVE COOPERATIVE FTRE PROTECTION AGREEMENT WITH BUTTE COMMUNITY COLLEGE DISTRICT On motion of Supervisor Moseley, seconded by Supervisor Saraceni and carried, the cooperative fire protection agreement with Butte Community College District granting county use of a structure and two engines for fire protection in the area with no financial burden on the county to be effective to-June 30, 1992 was approved and the Chairman authorized to sign. Page 278. March 9, 1982 8 v 424 425 426 427 March_9~1982_____ _____ _____ AYES: Supervisors Moseley, Saraceni and Chairman Wheeler NOES: Supervisor Dolan APPROVE BUDGET TRANSFERS On motion of Supervisor Moseley, seconded by Supervisor Saraceni and carried, the following budget transfers were approved: 8-162 - Community Action Program. Appropriation transfers within various line items in the 1981 CAA pragram budget in order to cover deficits at the end of the grant. 8-163 - Housing and Community Development. Transfers $6,889.04 from HCD residential rehabilitation to HCD street improvements within the 1980-81 CDBG program to cover public works change order. The transfer has been reviewed and approved by HUD. APPROVE VARIANCE RENEWALS On motion of Supervisor Saraceni, seconded by Supervisor idoseley and carried, the following were approved: 1. Approved renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 47-44-007, Route 4, Box 522A, Garner Lane, Chico area for Bert Berg, zoning: "SR-1" 2. Approved renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 72-23-002, 5195 P4iners Ranch Road, Oroville area for Clestel Howard, zoning: "A-5" 3. Approved renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 31-19-21, 2048 Hardnett Court, Oroville area for Mary and Clifford Long, zoning: "AR-MH" APPROVE POLICY REGARDING TREE REPLACEMENT Clay Castleberry, public works director, set out the background on his recommendation for a tree replacement policy in county right-of-ways at this time. They would do it on an asking basis and he felt it would work out. Supervisor Dolan agreed with the recommendation. Whoever contracted to do projects should replace a tree for everyone removed even if it is aged or diseased. On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, the policy of the county when a property owner requests for removal of a tree or removed for age, disease or road way a tree should be replaced was approved. CANCEL CHAPMANTOWN.MASTER-PLAN..CONTRACT - RENEGOTIATE-FOR BOUCHER STREET Discussion regarding the Chapmantown Master Plan Contract for street alignment and other infra-structure in the Chapmantown area was held at this time. Clay Castleberry, public works director, stated things have changed and he has been working with the community. They do not need the sewer master plan as they do not choose: to annex to the City of Chico. The comm- unity does support improvement on Boucher Street. On motion of Supervisor Dolan, seconded by Supervisor Moseley and carried, the cancellation of a contract with Rolls, Anderson & Rolls to provide a master plan for street alignment and other infra-structure in Chapmantown was approved; and to renegotiate with the engineer to provide plans and specifications for Boucher Street construction at no additional costs to the county was authorized. Page 279. March 9, 1982 8e ~~ 428 429 430 431 432 March 9, 1982 _ _ _ _ _ _ _ _ _ _ _ _ _ ° _ - - _ _ _ - ~ ~ ~ _ _ ~ _ _ _ ~ - W ~ ~ _ APPROVE RECOMMENDATION OF PUBLIC WORKS STAFF REGARDING PROPOSED COUNTY SERVICE AREA - KEEFER ROAD, GARNER LANE AND HICKS LANE Discussion was held regarding a report from McCain Associates regarding proposed county service area in Keefer Road, Garner Lane, Hicks Lane .area. for storm drain maintenance and minor facilities installation at this time. Clay Castleberry, public works director, stated they have been wait- ing for this report. Citizens in the area approve of the plan. It must be approved by the Planning Department. On motion of Supervisor Wheeler, seconded by Supervisor Saraceni and carried, the report from McCain Associates regarding proposed county service area in Keefer Road, Garner Lane, Hicks Lane area for storm drain maintenance and minor facilities installation was accepted; distribution of report to libraries was authorized; referred to Planning Department for environmental review was authorized; and staff to prepare information for county service area formation hearings was authorized. AWARD.. 'LOW BID ON SKYWAY FAS PROJECT NO. Y-742(3) On motion of Supervisor Saraceni, seconded by Supervisor Moseley and carried, the low bid of Butte Creek Rock Company of Chico in the amount of $989,537 for Skyway FAS Project No. Y-742(3) was awarded and the Chairman authorized to sign. SKYWAY PROJECT-TO BE AEDICATED TO FORMER SUPERVISOR LEMKE Chairman Wheeler stated the entire project of widening the Skyway between Paradise and Chico was the project of former Supervisor Lemke and she would like the Board to go on record and officially dedicate this project to Supervisor Lemke. At the same time to make the public aware that friends of Mr. Lemke plan to proceed with dedication of a rock with a plaque in his memory. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the Skyway Project be recognized as a tribute to Supervisor Robert Lemke was approved. PUBLIC HEARING DA' SET FOR CONSIDERATION OF RESIDENTIAL ENERGY STAP Chairman Wheeler indicated she had received numerous telephone calls regarding the residential energy standards. The Department of Energy is to send more information. She asked that they not take action until such time as a speaker could appear before the Board. This is in regards to AB 2869. A public hearing date was set.for March 23, 1982 at 1:30 p.m. to consider residential energy standards and hear from a speaker from the Department of Energy. CONTINUE TO MARCH 16, 1982 - PAVEMENT OVERLAY PROGRAM Clay Castleberry, public works director, set out the background on the pavement overlay program for budget fiscal year 1981-82. There was a lot of water damage to the roads because of the weather. They will not be able to do as much as they have in previous years. They will respond to complaints from the public and employee observations. Supervisor Saraceni stated this decision was to give more coverage with less cost than putting on the thick asphalt. Supervisor Dolan stated she would like to visit the sites. Continued to March 16, 1982 approval of the pavement overlay program for budget fiscal year 1981-82 from Public Works Department. page 280. March 9, 1982 82- 433 b 434 _ _March911982_______~_____~~____ APPROVE PLANS AND SPECIFICATIONS FOR LOSVER Y~lYANDOTTE ROAD, PROJECT NO. 23511-79-1 AND SKYLVAY PAVEMENT OVERLAY, P-ROJECT N0. 51261-82-1 On motion of Supervisor Saraceni, seconded by Supervisor Moseley and carried, the plans and specifications for Lower Wyandotte Road, Project No. 23511-79-1 and Skyway pavement overlay, Project No. 51261-82-1 were approved; the Chairman and Public Works Director authorized to sign the claims; the wage scale was adopted; and. the bid opening was set for April 15, 1982 at 11:00 a.m. at the Public Works Office. ADOPT ORDINANCE 2269 - 1979 UNIFORPb BUILDING CODE AND 1979 UNIFORL`d FLUMBING CODE it was moved by Supervisor Saraceni, seconded by Supervisor Moseley, that. Ordinance adopting 1979 Uniform Building Code and 1979 Uniform Plumbing Code as amended without the shake roof provision be adopted and the Chairman authorized to sign. Motion withdrawn at this time. On motion of Supervisor Saraceni, seconded by Supervisor Moseley and carried, the second reading of an ordinance adopting the 1979 Uniform Building Code and 1979 Uniform Plumbing Code without the shake roof was waived. On motion of Supervisor Dolan, seconded by Supervisor Moseley and carried, the second reading of an ordinance adopting the 1979 Uniform Building Code and the 1979 Uniform Plumbing Code was waived. It was moved by Supervisor Dolan, that the 1979 Uniform Building Code and 1979 Uniform Plumbing Code Ordinance be adopted and the Chairman authorizedto sign. Motion failed for lack of a second. 435 436 On motion of Supervisor Saraceni, seconded by Supervisor Moseley and carried. Ordinance 2269 adopting the 1979 Uniform Building Code and 1979 Uniform Plumbing Code deleting- the shake. roof provision was adopted and the Chairman authorized to sign. APPRECIATION CERTIFICATE PRESENTED TO PUBLIC WORKS DIRECTOR Chairman Sv'heeler presented a certificate of appreciation to Clay Castleberry. Public 6Varks Director, on behalf of the Cohasset Community Association for their excellent work in grading the roads in the last snow storm. ADDITIONAL MATTER BY BOARD MEMBER Chairman v7heeler stated she had received a letter from James G. Worth of Chico, regarding placing benches for the bus riders. He would like to place benches at various sites and sell advertising. There would be no expense to the county. Referred to Public Works Director for response to the Board. 437 PUBLIC HEARING DATE SET FOR JOHN D. DRAKE AND HOWARD ISOPd SPECIFIC PLAN A public hearing date was set for March 23, 1982 at 10:15 a.m. for consideration of the John D. Drake & Howard Isom - specific plan for the location and regulation of land uses, buildings, roads, water supple, waste disposal, conservation of natural resources, and open space - allowing a residential development of 109 parcels of 1/2 to 3 acres, including common open space and public facilities to be maintained by a county service area (CSA) on approximately 1,050 acres located on the east side of State Highway 32 and Humboldt Road, approximately five miles northeast of Chico, identified as AP 46-71-17, 4b-71-18 (portion), 46-34-4 and 46-35-23, northeast of Chico. Page 281. March 9, 1982 438 _ _ _ _ _ _M_ar_ch 9s .1982_ _ _ _ _ _ = ~ = _ _ _ _ ~ _ _ _ HEARING SET FOR CONSIDERATION OF APPEAL BY BUTTE COUNTY EMPLOYEES' ASSOCIATION TO THE DETERMINATION A'fADE BY THE COUNTY EMPLOYMENT RELATIONS OFFICER TO CONDUCT A DECERTIFICATION ELECTION AND A REPRESENTATION ELECTION IN THE MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT Del Siemsen, county counsel, stated the Board has received the request from the union. The personnel rules provide once they appeal to the Board they must consider the request within 30 days. He suggested they set the item for hearing. A-hear.ing'date.was set for tdarch 23. 1982 at 11:15 a.m. for con- sideration of an appeal by Butte County Employees' Association to the determination made by the County Employment Relations Officer to conduct a decertification election and a representation election in the Management, Confidential and Supervisory unit. RECESS: 9:55 a.m. RECONVENE: 10:05 a.m. 439 PUBLIC HEARING: B-151 - CHICO i+SUNICIPAL COURT. TRANSFERS $31,500 FROM THE APPROPRIATION FOR CONTINGENCIES TO PROFESSIONAL AND SPECIALIZED SERVICES CHICO MUNICIPAL COURT FOR THE PURPOSE OF COVERING EXPENDITURE. OF $14,000 FOR COURT REPORTER TRANSCRIPTS, $7,500 FOR PROCESSING OF CSUC PARKING VIO- LATIONS AND $10,000 FOR VISITING. JUDGES AND COURT APPOINTED ATTORNEYS The public :.hearing on B-L51 - Ch3cb-.MUnic~.pal:Court: Transfers $31,500 frorn the appropriation_ for contingencies to~professional and specialized services Chico Municipal Court for the purpose of covering expenditure of $14,000 for court reporter transcripts, $7,500 for processing of CSUC parking violations and $10,000 for visiting judges and court appointed attorneys was held as continued. Hearing closed to the public and confined to the Board. Chairman Wheeler Stated she had reviewed the information presented by Judge Rutherford and discussed the issue with staff. There are code sections which explicitly provide for certain services. If they do not provide the funding they are legally charged with, the costs can be charged back for any costs that are incurred. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, budget transfer-151 - Chico Municipal Court. Transferring $31,500 from the .appropriation for contingencies :to professional and specialized services Chico Municipal Court for the purpose of covering expenditure of $14,000 for court reporter transcripts, $7,500 for processing of CSUC parking violations and $10,000 for visiting judges and court appointed attorneys was approved. 44C APPOINTMENT TO BUTTE COUNTY HOUSING AUTHORITY - DISTRICT 2 AND 3 On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the appointment of Gene McFarren to the Butte County Housing Authority - District 2 was approved. On motion of Supervisor. Wheeler, seconded by Supervisor Moseley and carried, the appointment of George Walker to the Butte County Housing Authority - District 3 was approved. 44 WAIVE FIRST READING OF ORDINANCE REGARDING AB 182b (FARR) SUPERVISOR ORIENTATION On motion of Supervisor Dolan, seconded by Supervisor Moseley and carried „the first reading of an ordinance regarding AB 1826 (Farr) for supervisor orientation was waived. Page 282. March 9, 1982 HL 442 4431 4441 riarch 9, 1982 CONII~IUNTCATIONS Bachman and Associates, Chico._ The engineers, on behalf of Bud Temple, appeal condition No. 5 (construct one-half street section on Park Avenue to City of Chico standards) on tentative condominium subdivision, AP 46-23-50, 10 units, 750 feet south of 22nd Street on SNRR right-o£-way, parallel to Park Avenue in Chico area (item on which a negative declaration is categorically exempt - Class 1 (o)). Set for public hearing on March 23,.1982 at 10:00 a.m. Northern California Regional Commission on Aging. A. R. Kirkpatrick, chairman, submits a request for transportation expenses for one automobile to attend six meetings per year in Redding. Referred to Administrative Office. Louis W. Minkin, Novato. Mr. Minkin requests several traffic control measures in the area of the Skyway, Magalia. Referred to Public Works. Butte Creek Construction Company. Dallas Lewis, general manager, writes in support of a fully funded Public Works program in the 1982-83 county budget. To be considered at budget time. Jeff L. Mather, Chico. The Ma.thers submit a complaint about an incident involving two horses, and their treatment by employees of the Society for the Prevention of Cruelty to Animals in Oroville. To be considered at budget time. To be reviewed and comments brought back to the Board. Preston K. Minto, Chico. Mr. Minto submits a complaint regarding a denial of a tax assessment appeal made in his absence. Referred to County Counsel for a report to the Assessment Appeals Board. Kirk Raymond Koslin, Oroville. CAr. Koslin submits a claim of $1,000,000 alleging unlawful assault and false imprisonment by a police agency. See motion following communications. City of Redding. W. Brickwood, city manager, offers a copy of a resolution in support of retaining the fire weather meteorology station at the Redding Municipal Airport. Referred to Fire Chief for report back. REJECT CLAICA - KIRK RAYMOND KOSLIN On motion of Supervisor Cdoseley, seconded by Supervisor Dolan and carried, the claim of Kirk Raymond Koslin, Oroville, for $1,000,000 alleging unlawful assault and false imprisonment by a police agency was rejected and referred to County Counsel and Risk Managment Coordinator. CONTINUE TO MARCH 16, 1982 AT 10:15 A.M. - PUBLIC HEARING:W. SCOTT RUTHERFORD APPEAL OF THE EIR REQUIREMENT ON A REZONE FROM "TM-40" AND "TM-10°, PROPERTY LOCATED ON THE WEST SIDE OF DOE,MILL RIDGE ROAD, APPROXIr?ATELY FIVE MILES SOUTH OF HIGHWAY 32 VIA SCHOTT ROAD, DOE MILL RIDGE AREA, TEN MILES NORTHEAST OF CHICO, IDENTIFIED AS AP 63-02-70 The public hearing on the W. Scott Rutherford appeal of the EIR requirement on a rezone from "TM-40" and "TM-10", property located on the west side of Doe Mill Ridge Road, approximately five miles south of Highway 32 via Schott Road, Doe Mill Ridge area, ten miles northeast of Chico, identified as AP 63-02-70 was held as advertised. Bettye Blair, planning director, stated this was an appeal of the environmental impact requirement on a zoning. They provided the environmental analysis and initial check list that was prepared. It is in the forestry zoning Theirconcerns are stated in the supplemental material. Should the Board choose to accept the negative declaration they should go down through the study and Page 283. March 9, 1982 8~ 3 _ ______ March 9,__19_82_____ _ ________ _ _ revise those items listed as maybe and place them in the no category.- The Hays rezone is immediately south which was achieved in 1978. At that time it was discussed the effect of lowering the acreage to less than 20. They are concerned with the traffic and wildlife habitat areas. Hearing open to the public. Appearing: 1. Scott Rutherford, applicant, stated originally he had not thought of the mitigation on this half. They would like to have three parcels. To live on the north one-half and friends on the south one-half. There~s "TM-10" zoning directly to the south and "TM-20" to the north. He felt he impact report was a large expense for two parcels. He is asking for a negative declaration. Supervisor Dolan questioned if Mr. Rutherford was suggesting he would change his application to be amended so it would be from a timber zone to 10 acres for the lower one-half. Mr. Rutherford indicated yes. Chairman Wheeler indicated she would like a delay of one week in order to visit the site and talk with the applicant. The open hearing was continued to March 16, 1982 at 10:15 a.m. COMMUNICATIONS CONTINUED Department of Fair Employment and Housing. Joanne A. Lewis, director, submits a report which summarizes their recent investigation into the employee hiring .and selection practices of the County of Butte. Information; referred to Personnel Director. 445 Department of Housing and Urban Development. Elizabeth M. Tapscott, program manger, submits approval of a program amendment transferring $26,670 to close out an old grant. Copy to be forwarded to Public Works Director. PUBLIC HEARING DATE SET FOR NtARCH 30, 1982 AT 10:15 A.M. - BUTTE COUNTY PLANNING COMMISSION - (ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW} BUTTE COUNTY CODE AMENDMENT (REF. SENATE BILL 1160) TO THE SINGLE-FAf6ILY ZONING DISTRICTS There was a report to the Board on the Butte County Planning Commission denied (item determined to .be categorically exempt from environ- mental review) Butte County Code Amendment (ref. Senate Bill 1160) to the single--family zoning districts which include "A-2 Ltd.", "A-5", "A-10", "A-20", "A-40", °A-160n, "A-R", "AR-MH°, nAR-MH-1", nAR-MH-3°, "A-SR°, °FR-Zu, nI,,R_,5n~ "FR-10", "FR-20", "FR-40", "FR-160", "H-C°, "M-R", °N-C°, nR-1°, nR-1 A&C", nR-Nn, °RT-1", "RT-1-A", °S-Rn, °SR ~", "SR-1n, "SR-3", "SR-5°, "TM-1", "TM-2", "TM--2'~", "Tf4-3", "TM-S", "TM-10", "TM-20", "TM-40", "TM-160n, to allow one additional dwelling unit to be constructed. 446 Bettye Blair, planning director, set out the background on the report from the Planning Commission. They did not want to recommend approval or denial of the .project as the language was permissive not mandatory. Supervisor Moseley stated she was in favor of this going into effect in Butte County. It is something they could use. She was concerned, but not worried about the. fact somebody would come live in the house. There is an age limit. She felt the age limit should be eliminated. She felt they had been .away from the people for a long time .and. it was time they get back to helping families, whether young or old. Page 284. March 9, 1982 8~ March 9, 1982 _ _ _ _ Supervisor Dolan indicated the Planning Commission denied the proposal as it allowed a second. dwelling unit for persons 60 years of age or older. What happens when the person is no longer alive. It would effect all of the single family residents. She does not have a big problem with it. Ms. Blair indicated. before the Board referred the matter back to the Planning Commission to question County Counsel if there were no age limits on it, would they-be flying with other planning laws. Del Siemsen, county counsel, felt there could be a problem in the statute allowing a second dwelling unit. If there was not the 60 year old limit they would have to change all zones in the county to reflect more than one. It is a restriction the state has imposed. The matter was set for public hearing on March 30, 1982 at 10:15 a.m. 447 ADOPT ORDINANCE 2270 - PUBLIC HEARING: ROBERT L. BROWN, PROPOSED NEGATIVE DECLARATION REGARDING ENVIRONf~fENTAL IMPACT AND REZONE FROM "SR-3" (SUBURBAN RESIDENTIAL - THREE ACRE PARCELS) TO °M-1" (LIGHT INDUSTRIAL}, PROPERTY LOCATED ON THE NORTHEAST CORNER OF COHASSET ROAD AND TH0~2NTREE DRIVE, IDENTIFIED AS AP 48-01-17 .(PORTION), CHICO The public hearing on the Robert L. Brown proposed negative declar- ation regarding environmental impact and rezone from "SR-3" (suburban residential - three acre parcels) to "M-1" (light industrial), property located on the northeast corner of Cohasset Road and Thorntree Drive, ident- ified as AP 48-01-17 (portion), Chico was held as advertised. Bettye Blair, planning director, stated this was a rezone that is recommended by the Planning Commission. The negative declaration was approved. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. 4481 On motion of Supervisor Saracen'i, seconded by Supervisor Moseley and carried, noting that the requirements of the California Environmental Quality Act (CEQA) have been completed and considered in making this decision, and noting the previous action by the Board on September 29, 1981 in approving the rezone to "SR-3"; further finding that the proposed rezone conforms to the policies, including the text and map, of the Butte County General Plan; Ordinance 2270 rezoning from "SR-3" (suburban residential - three acre parcels) to "M-1" (light industrial), property located on the northeast corner of Cohasset Road and Thorntree Drive, identified as AP 48-01-17 (portion) in Chico for Robert L. Brown was adopted and the Chairman authorized to sign. PUBLIC BEARING: CONSIDERATION OF AN ORDINANCE IMPLEMENTING SPECIAL TAX FOR FIRE PROTECTION SERVICES IN THE UNINCORPORATED AREAS FOR PLACEMENT ON THE JUNE BALLOT The public hearing on consideration of an ordinance implementing special tax for fire protection services in the unincorporated areas for placement on the June ballot was held as advertised. Bill Teie, fire warden, stated the proposal was before them based on discussions from last years budget session for an alternate fund source for fire protection. The plan is to protect the unincorporated area with the exception of the E1 Medio area. There are 12 stations that have paid personnel. Mr. Teie set out the area being considered on a map at the board.. ~~iOUe~-waye- C£=-¢omput+iafg~:"a' f:i~urewere discussed. If the Board does not wish to place the issue. on the ballot, they will have to compete for the dollars in the budget. Personnel costs are considerably more than Page 285. March 9', 1982 '~ _ _ _____March 9, 1982 _ = T - - _ _ ~ -- - - - - - _ _ _ _ ~ ~ ~ _ - _ _ _ ° _ _ _ _ _ _ _ _ _ ~t volunteer stations. The consumer price index clause was added to allow for post of living and added maintenance. Should the measure be adopted at the June ballot it would. become effective July 1, 1982. Hearing open to the public. Appearing: 1. James Hanson, Oroville, stated if this was voted it would allow for a considerable amount of money. As a public citizen he was tired of seeing this. It is time to start protecting their pocket books. 2. Ray Hendrix, Board of Directors, Golden Feather Fire District, questioned what would happen to their fire district. They are very proud of handling all the fires, equipment and medical aid. At present they are preparing a grant deed for a parcel of land to build a new station. They recently mailed letters asking for support to continue the funding. People are hesitant to donate if they will be-taxed by the county. They do not have employees or overhead. A11 money collected goes on fire protection. If it is placed on the ballot it will be 100 percent disapproved. P4r. Teie indicated the Golden Feather District ,was not within the area to be assessed, so it would just be a $5 charge. ** 3. C. O. Patterson, Oroville, is in favor of fire protection: Mr. Patterson presented a letter to Board members. He was concerned about an added tax to his bill in the E1 Medio district. Money should come off the top not the bottom. 4. Harold Regan. president, DeSabla Fire Department, stated at their meeting last night they expressed their concerns about the special tax. Sometimes the government units lose sight of why they were formed. The public is not asked about the budget size of the various government departments. They were not asked before the libraries were built. They were not asked about the federal revenue funds that built this building. He felt that Proposition 4 and 13 spoke for the voters. They want more efficency and less governmental bureaucracy. It would be a disservice to place this issue on the ballot. 5. Bill Cottingham. Chico, stated he was a former member of the Los Angeles Fire Department. He was in favor of keeping fire protection without the additional taxes. It must come from the General Fund. He felt it was unnecessary to place the issue on the ballot. If they sharpen their pencils there is some other dace where they can maintain this vital service for police and fire services. 6. Orrin B. Stratton, Chico, was sympathetic with the Board's position. Tell the state if they do not want to fund programs handed down, the county does not want them. This is another measure to circumvent Proposition 13. The people spoke out regarding the Air Pollution Control fees recently. He urged them to not place the matter on the ballot. They have sticky issues and difficult decisions ahead. 7. George Chaffin, representative, Butte County Farm Bureau, stated they are opposed to this special tax. Property taxes should finance the basic services for safety. They are opposed to placing the issue on the, ballot. Mr. Chaffin presented an editorial from the Chico Enterprise Record. into the record at this time. 8. Leroy Tipton, Berry Creek, stated they have a volunteer fire department. It is maned by one person. A tax upon a tax for a service they do not receive is ridiculous. Page 286. March 9; 1982 March9~ 1982 =______ ___-- ______ 82- Chairman Wheeler stated they recognize and commend the volunteer $'', services which is why we have a high level of service. . Mr. Tipton stated he pays higher insurance because he lives in the. rural area. He pays.$1,000 for a guard dog. This would be additional tax. ', 9. Mr. Regan stated 3..77 percent of the budget is spent on fire protection, which is the lowest of counties the same size. Our neighboring county spends 4.65 percent. 10. TCelly Meyer, 98 Honey Run Road, Butte Creek Canyon, was concerned about the impact on the central•.services. He felt they could charge a develop- ment tax on developers. There are other methods available to fund the services. 11. Jack Morgan, Manchester Road, Chico., stated all of the speakers arguments are valid. The people spoke out in Proposition 4 and 13. The majority of the people are not equiped to be taxed further. He felt fire and police protection should be at the top of the list. 12. Howard Clark, Yellowwood Oak, Oroville, stated he lives 33 miles from Oroville. The Golden Feather Fire District consists of 430 square miles within the county border. One-fifth of that is rich producing land. PG&E and Diamond Internation pay large amounts of property taxes and their district receives little return for the taxes. They chose to live where they are. They are supportive of all comments made this morning. 13. Pete Armstrong, Berry Creek, Board of Directors, stated they need the CDF and the CDF needs them. i4ost of the people in Berry Creek are willing to donate the $15 for fire protection and to not increase their taxes. ', 14. Bill Pryle, Chico, was concerned about the cost of living increase built into the ordinance. If an agency does not have enough money to spend, they should not be granted authority to raise taxes. The general ', public usually does not receive the full information regarding such an impact. He did not feel the issue should be placed on the ballot. Supervisor Dolan placed figures on the board indicating the amount the Board has control over. The Charter dictates much of the services which are mandatory. Their first priority is public safety and protection. The $8 to $9 million that was spent for police protection is greater than what was brought in from property taxes. 15. Bill Cottingham, Chico, discussed a mandate required of farm owners who used tractors. It was not workable. The state should be told no they do not want all of these mandates. Police and safety should come first. 16. Harold Regan. DeSabla, set out figures that neighboring countie s have for discrestionary funds and what amount is used for fire protection. They should handle the budget like they do their household budget. For the staff to come in with budgets within the available funds. If they argue the budget with them, they are playing the game. Chairman C~iheeler stated some of these offices are constituent offices. Because of the laws they cannot reduce and restrict certain areas. This applies to Judges, District Attorneys, Sheriff, Assessors, Courts, and others. It is not just this Board that are active participants in this, you as an individual ,can fire them too at the polls. Hearing closed to the gublic and confined to the Board. Pair. Pryle stated he did not think this would pass at the election. He felt it would be determined'~on-how much information was presented. There was not equity in the proposal between commercial and residential. Page 287. March 9, 1982 idarch 9, 1982 Mr. Teie indicated a barn or shed on a ranch are not included. A huller and that is commercial so they would be included. Some of the information could not 6e obtained from the Assessor because of confidential information. Hearing closed to the public and confined to the Board. Supervisor Dolan stated she felt it was an appropriate guestion to put to the electorate. The discussion that will be generated is necessary and helpful. She is not afraid of the public discussion or answering questions and getting solutions. She did not feel that two-thirds of the people would not vote for the issue was sufficient to not place it on the ballot. Supervisor Moseley stated she had reservations on placing it on the ballot. The majority of the area involved is within her district. She has received many calls opposed to the issue. She has no problem with leaving it off the ballot. They did not place the library issue on the ballot, so why do another. Supervisor Saraceni stated he has been hearing from a lot of people who are concerned about the impact. There were concerns about the consumer price index factor. There is a great interest for police and fire protection. There are other planes these funds have to come from and hopefully they will • get the necessary support. They must work within the income they have. Chairman Wheeler stated she had received many telephone calls on this issue. She did a random survey and the biggest majority do not want any more taxes no matter what kind they are. People are just tired of "government". This has been an education process. The data is compiled and should be retained. Until such time as they have a more realistic picture from the Auditor she could not support this. Chairman Wheeler stated they .had a fine staff in the county. 449 APPEARANCES: DON BLAKE 8 Don Blake, Oroville, spoke regarding the District Attorney's budget for 1982. He felt it could be cut by eliminating the=car for the District Attorney, administrative inspectors and a typist clerk.. There could be a savings of up to $100,000 per year. He discussed the Consumer Protection *** phase of that office and cuts that could be made. Mr. Blake presented a letter to the Board at this time. 450 APPEARANCES: JAMES HANSON James Hanson, Oroville, stated people in control of government do not give. respect to the citizens. The people want to cut the gravey train. Most of the people paying for the high salaries of government people, do not make as much money themselves. 451 PLANNING DIRECTOR ANNOUNCES PLANS TO OPEN THE OFFTCE ALL DAX Bettye Blair, planning director, stated last year she was allowed tc close the Planning Department office for four hours each day in order to allow staff time to update their maps. They are caught up and she would like to open the office from 8 to 5 beginning March 15, 1982. RECESS: 12:28 p.m. RECONVENE: i:38 p.m. 452 APPOTNTMENT TO COUNTY CLERK-RECORDER POSITION Consideration of applications and interviews for the position of Clerk-Recorder position that will be vacated by Clark A. Nelson on April 30, 1982 held at this time. Page 288. March 9,1982 8 2'- a March 9, 1982 ~ _ _ _ - _ _ ~ ~ ~ W ~ _ - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^Interviews of applicants who gave a brief background of their qualifications and answered questions addressed to them by the Board members were held as follows: 1. Eleanor Becker 2.. Cathy Dance 3. George McKibbin 4. Cathy Pitts 5. Frances Sypherd failed to appear. RECESS: 1:55 p.m. RECONVENE: 2:06 p.m. It was moved by Supervisor Dolan, seconded by Supervisor Moseley, that the interim appointment for County Clerk-Recorder by offered to Eleanor Becker be approved. . Supervisor Moseley stated it was a difficult decision as they know the caliber of these people. Supervisor Dolan agreed and felt there would be an election in June. They will be seeking that office. That is really where the choice will be made. Supervisor Saraceni stated it was a very difficult decision and had narrowed it down to two people. He does know there is an election coming up and their decision is no reflection on these , are looking at departments using what funds that are available. vote on motion: AYES: Supervisors Dolan, Moseley, Saraceni and Chairman Y7heeler Motion carried. Mrs. Becker thanked the Board and she would do her upmost. 453 CONSIDERATION OF CAMPAIGN FINANCING REFORM BEING PLACED ON BALLOT Discussion was held regarding campaign financing reform being placed on the June ballot at this time. Supervisor Ilolan set out the propesal she presented in written form to the members earlier. It is before them today because of the deadline for the measure to be placed on the ballot. as an advisory measure. It would limit the amount of a single political campaign contribution. Her reason for bringing this is her grass roots commitment. There was a tremendous amount spent on the land initiative several years ago. She would like the issue placed before the voters. 1. Bill Cottingham, Route 3, Box 1308, Chico, stated he felt it was unfair to restrict his hard earned money for any group. All groups such as Farm Bureau, Sierra Club and CED have an effect on the entire state. He discussed his experience with the contributions towards the Los Angeles Fire Department. at this time. The general public has a right to be informed on issues. Supervisor Saraceni felt there were people who have used their own money in campaigns. This would;-rE4strict the amount they could contribute. Page 289. March 9, 1982 82 _ _ _ _ _ _ _ _ _ _ _ _M_ar_ch_9, _1982_ __ _ _ _ __ _ __ _ _ _ _ _ Supervisor Dolan did not feel this was Los Angeles and it was not limiting speach. It is to get a handle on campaign contributions. It was moved by Supervisor Dolan, seconded by Supervisor Moseley, that the campaign financing reform issue be placed on the June ballot. Chairman Wheeler stated she was surprised Supervisor Dolan placed this item on the agenda. It was a matter of public record the amounts that were spent on campaigns. She did not feel that they as a government body need to limit the peoples choice. It may be better for them to set examples. Supervisor Dolan spent a great deal on her campaign four years ago. She- used a very professional organization in her campaign,-but that was her~hoice. This would be limiting and reducing the peoples right to a choice. Supervisor Dolan stated it was her request to put an advisory measure on the ballot. There is a public disclosure law. She is going to live with this whether it is placed on the ballot or not. Vote on motion: AYES: Supervisor Dolan NOES: Supervisors Moseley, Saraceni and Chairman Wheeler Motion fails. 454 DIRECT RESOLUTION TO BE PREPARED REGARDING CHANGE OF PLANNING BEPARTMENT OFFICE HOURS Staff was directed to prepare a resolution for Board consideration changing the office hours of the Planning Department. 455 ADOPT RESOLUTION 82-40 - RECOGNIZING MARCH 18, 1982 AS AGRICULTURE WEEK Chairman Wheeler indicated the Women in Agriculture would be present at the March 16, 1982 meeting noting the week of March 18, 1982 as agriculture week. On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, Resolution 82-40 proclaiming March 18, 1982 as Agriculture Week in Butte County was adopted and the Chairman authorized_to sign. 45~ ADDITIONAL MATTER BY BOARD MEMBER Chairman Wheeler questioned changes coming forward from Public Works that were proposed at the Land Use Committee meeting. Del Siemsen, county counsel, advised they are working on an ordinance to combine a number of changes. At the budget session scheduled for March 17, 1982 at 1:30 p. m. there will be a closed session regarding meet and confer. ADJOURNMENT There being no further business before the Board at this time the meeting was adjourned at 2:37 p.m. to reconvene on March 16, 1982 at 9;::00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK-RECORDER ex-officio Clerk of the B •d Supervisors By a rman, Board of Supervisors Page 290. March 9, 1982