Loading...
HomeMy WebLinkAboutM031682P4arch 16, 1982 OF CALIFOitNIA } } SS. OF BUTTE ) 82 a The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. resent:' Supervisors Dolan, Moseley, Saraceni and Chairman Wheeler. Mike yeatt, interim administrative officer; Del Siemsen, county counsel; and Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the .Board. Pledge of Allegiance to the Flag of the United States of America Invocation by Supervisor Saraceni Supervisor-Elect Len Fulton was welcomed at this time 457 ADOPT RESOLUTION 82-41 IN MEMORX OF ROBERT A. WINSTON On motion of Supervisor Moseley, seconded by Supervisor Dolan and carried, Resolution 82--41 in memory of Robert A. Winston was adopted and the Chairman authorized to sign. Chairman Wheeler presented the resolution to Ev Bosworth for presentation to the family of Mr. Winston. CLOSED SESSION: The Board recessed at 9:08 a.m. to hold a closed session regarding litigation. RECONVENE: The Board reconvened at 9:39 a.m. following a closed session regarding litigation. No decisions were made at this time. 458 APPROVAL OF MINUTES On motion of Supervisor Saraceni, seconded by Supervisor Dolan and carried, the minutes of March 9, 1982 were approved as mailed with the following corrections: Minute order 82--456, page 290, to reflect: Sugervisor Saraceni questioned changes coming forward from Public Works that were proposed at the Land Use Committee meeting. 459 Minute order 82-417, page 277, to reflect that February 23, 1982 minutes, minute order 82-287, page 220, paragraph 1, to reflect: The local administration is required to use 50 percent of the funds for youth programs and that is an extremely important place to start. ADDITIONAL AGENDA ITEMS BY BOARD MEI~ERS TO BE DISCUSSED AT THE END OF THE Supervisor Dolan will be making a report on a resource conservation district workshop. Supervisor Saraceni to report on the convention held in Sacramento: 460 Chairman Wheeler will be submitting a letter from retiring Planning Commissioner Rae Wheeler. She will be commenting on the CS AC convention. CONSIDERATION OF AUTHORIZATION TO PURCHASE SHERIFF'S PATROL CARS CONTINUED TO MARCH 23, 1982 Tom Struthers, purchasing officer, advised that the Board would have to take action on this matter by April 1, 1982 in order to qualify for the state ordering for consideration of the purchase of seven patrol vehicles as approved in the budget from the state contract at a cost of $8,786.47 each including sales tax with the Sheriff also requesting that the Board authorize an additional patrol car in order to prcavide coverage in the Biggs area. Page- 291. rlarch 16, 1982 March 16, 1982 - The matter was continued to March 23, 1982. 8 461 IAUTHORIZE PURCHASE OF MALPRACTICE INSURANCE POLICY FOR MENTAL HEALTH BEPARTMENT On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, thg-purchase of $1,000,000 combined single limit insurance policy to provide malpractice coverage in the Mental Health Department at a cost of $12,311.20 was authorized. " 462 AUTHORIZE RELOCATION OF PRIME COMPUTER AND ESTABLISH PROGRAM APPLICATION CONTROLS Mike Pyeatt, interim administrative officer, set out the background of the request to relocate the CETA computer. They are looking at a cost reduction. They are spending a considerable amount of money through .CETA Administration in moding and line charges. It is presently utilized for CETA applications and there are no other plans to expand it for other county departments. Chairman Wheeler stated that one of. her basic concerns was if the federal government pulls the hardware out of the county, how costly it would be to the county if the computer were removed. The Auditor feels the cost would be minimal. 463 Ocz motion ofi Supervisor Dolan, seconded by Supervisor Moseley and carried, relocation of the Prime computer from the Data Processing Center to the Administration Center in order to alleviate the cost of telephone lease lines and to increase the computer response capability was authorized and program application controls were established. CONSIDERATION OF CONTRACT CHANGE ORDER N0. 7 AND N0. 8 FOR CHICO LIBRARY PULLED OFF AGENDA AT THIS TIME Consideration of contract change order No. 7 Chat proi~ides for furnishing and installing a second book depositary for the use by small children and the handicapped at an increased cost of $1,049.90 and No. 8 that provides for sandblasting all exposed surfaces of contract columns and walls to remove excess material and provides a finished surface at an increased cost of $500 with the costs for the change orders being appropriated from the construction contingency fund for the Chi ca Library was pulled off the agenda by staff. 464 ADOPT RESOLUTION 82-42 ESTABLISHI 465 ANNING DEPARTMENT On motion of Supervisor Saraceni, seconded by Supervisor Moseley and carried, Resolution 82-42 establishing office hours of the Planning Department from 8:00 a.m. to 5:00 p.m. on regular business days was adopted and the Chairman authorized to sign. MOTION TO RESCIND LAW LIBRARY FILING FEES INCREASE WITHDRAWN It was moved by Supervisor Saraceni that the Board rescind their previous motion relative to the increase in the Law Library filing fee fram $7 to $9 for each first filing due to its effect on the county general fund. Mike Pyeatt, interim administrative officer, advised that the Board was almost obligated to carry the fee through this year. They will have to bring a resolution back to the Board to rescind the previous resolution. This matter will be brought back next week or the following week. It would not be effective until January 1, 1983. Motion withdrawn. 4b6 DISCUSSION AND POLICY DIRECTION: CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT Dave Schmidt, executive director, Butte County Overall Economic Development Corporation set out the proposal to establish the need by Page 292. March 16, 1982 March 16, 1982 Ss ordinance for the creation of the industrial development authority in Butte County and adoption of a resolution appointing the five Board appointees to the authority. This program would be implemented under the California Indus- trial Act which allows for undertaking of authorized projects for private enterprise by issuance of Industrial Revenue Bonds. This would be to bring in industrial manufacturing facilities. It would help create jobs. They cannot use the money to entice industry from some other location in California. This is to save industry for California. If an industry is considering moving out of the state, they can use the money for relocation of the industry in this county. Recently there was a comment made regarding the county display at the State Capitol. They have the artist's rendering and there will be a meeting on the final display shortly. It will probably be paid for through the bed tax and will be the only animated display. It will be energy efficient and will have no noise. Supervisor Saraceni felt this proposal would mean the increase in employment with a good possibility for more jobs and payrolls. Mr. Schmidt stated that the first bond issue under this law was issued in the County of Colusa. They hope to establish more new jobs at less money than was done by Colusa County. Mike Pyeatt, interim administrative officer, stated they would hring the ordinance back to the Board probably next week and the following week would be the adoption of the ordinance and resolution. They will provide the necessary information to Counsel for preparation. Counsel to review matter and bring back to the Board. 4671 PRESENTATION OF RESOLUTION 82-40 DECLARING MARCH 18, 1982 AS "BUTTE COUNTY AGRICULTURE DAY" Nancy Skinner, on behalf of California Women in Agriculture, pre- sented baskets of local produce to the Board members. There was also information on their organization in the baskets. This organization is concerned with the importance of agriculture. She presented a check to Nancy, Lantis, on behalf of the Fziends of the Library, for trees for the new Library. Chairman Wheeler read Resolution 82-40 declaring March 18, 1982 as "Butte County Agriculture Day" and made the presentation to Ms. Skinner. 4681 RECESS: 9:58 a.m. RECONVENE: 10:09 a.m. PUBLIC HEARING: BUDGET TRANSFER B-161,_MANPOWER ADMINISTRATION PROGRAM The public hearing on budget transfer B-161, Manpower Administration Program, that acknowledges receipt of $89,760 in unanticipated revenues (Federal Manower Porgram) and establishes various appropriations in the Manpower Administration operating budget was held as advertised. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Dolan, seconded by Supervisor Moseley and carried, the following budget transfer was approved: B-161 - Manpower Administration Program. Acknowledges receipt of $89,760 in unanticipated revenues (Federal Manpower Program) and establishes various appropriations in the"M~npower Administration operating budget. Page 293. March 16, 1982 March 16, 1982 S~ a 469 PUBLIC HEARING: BUDGET TRANSFER 8-164, DISTRICT ATTORNEY The public hearing on budget transfer B-164, District'.Attorney which transfers $1,000 from extra help -- District Attorney/Public Administra- tor; $915 from District Attorney/Consumer Protection salaries and wages; $1,085 from District Attorney/Consumer Protection employee benefits and $4,000 from the reserve for a total o£ $7,000 to be appropriated to jury and witness fees was held as advertised. Mike Pyeatt, interim administrative officer, set out the background of the budget transfer.. This is a •cleanup of recent changes as to who will be paying for jury and witness fees. It has been determined that it should be the District Attorney rather than the courts themselves, particularly in the instances where witnesses are called up and not needed. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. Supervisor Dolan questioned what the alternatives would be. Mr. Pyeatt stated that if the budget transfer was not approved the jury members and witnesses would not be paid. The Auditor is holding up payments to some parties at the present time. They spent a considerable amount of time trying.to find the funds for this other than the reserve. The courts did not budget for this item. On motion of Supervisor Bolan, seconded by Supervisor Saraceni and carried, the following budget transfer was approved: B-164 - District At_tor_n_ey. Transfers $1,000 from extra help - District Attorney/Public Administrator; $915 from District Attorney/ Consumer Protection salaries and wages; $1,085 from District Attorney/ Consumer Protection employee benefits and $4,000 from the reserve for a total of $7,000 to be appropriated to jury and witness fees. 470 PUBLIC HEARING: ARTHUR WIGGINS - PETITION FOR VARIANCE TO SECTIONS 19-10 AND/ OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON AP 31--26--046. 1165 THERMALITO AVENUE, OROVILLE AREA. ZONING: "A-2" The public hearing on Arthur Wiggins petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 31-26-046, 1165 Thermalito Avenue, Oroville area, zoning: "A-2" was held as advertised. Lynn Vanhart, environmental health director, set out the background on the petition and advised it was in order. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. Oa motion of Supervisor Moseley, seconded by Supervisor Saraceni and carried, the petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 31-26-046, 1165 Thermalito Avenue, Oroville area, zoning: "A-2" for Arthur Wiggins was approved for a period of one year. 471 PUBLIC HEARING: WILLIAM R. LEONARD APPEAL OF CONDITION 3 ON CONDITTONAL CERTIFICATE OF COMPLIANCE AFFECTING AP 71-01-17, LOCATED ON BTG RIDGE ROAD APPROX. 3.600 FEET EAST OF LITTLE RIDGE ROAD, HARTS MILL AREA The public hearing on William R. Leonard appeal of condition 3 of a conditional certificate of compliance affecting AP .71-01-17, located on Page294. March 16, 1982 82 ~i March 16, 1982 Big Ridge Road approximately 3,6.00 feet east of Little Ridge Road, Harts Mill area was held as advertised. Clay Castleberry, public works director, set out the background of the appeal. This parcel was created in 1963 questionably without any right of access on Ponderosa Way. The applicant was not the one who created the parcel. He recommended that the condition 3 be waived for this building permit purposes only •and specify that the Board is not waiving it for future divisions. , Del Siemsen, county counsel, advised that it was his understanding the building was built. This is a problem of whether the Board wants to get into a position of approving permits for parcels on which an applicant cannot show the county access to get to that parcel. Mr. Castleberry advised that the Board had taken action similar to this. He wanted the problem resolved but did not want to create a hardship for the applicant. Hearing open to the public, Appearing: Mr. and Mrs. Leonard. Mrs. Leonard stated they had complied with the wishes of the county and applied for their septic tank permit and building permit. A11 they want to do is be legal on their building. Hearing closed to the public and confined to the Board. It was moved by Supervisor Saraceni, seconded by Supervisor Moseley that the Board waive condition 3 for this building permit only on a conditional certificate of compliance affecting AP 71-01-17, located on Big Ridge Road approximately 3,600 feet east of Little Ridge Road, Harts Mill area for William R. Leonard. Supervisor understood the Board was making this motion because they want the house that was constructed to be legal. This is a 12 acre parcel and wouldn't they be saying this is a 12 acre lot that does not have legal access. How can they make restrictions. Mr. Castleberry stated the county has been able to turn down land divisions successfully in this area. Across the road from this parcel, the county approved the building permits and kept them from approving land divisions until the people work out access. Vote on motion: AYES: Supervisors Dolan, Moseley, Saraceni and Chairman Wheeler NOES: None Motion carried. 472 PUBLIC HEARING: W. SCOTT RUTHERFORD APPEAL OF EIR REQUIREMENT ON REZONE FROM "TM-40" PROPERTY LOCATED ON THE WEST SIDE OF DOE MILL RIDGE ROAD, APPROX. FIVE MILES SOUTH OF HWY 32 VIA SCHOTT ROAD, DOE MILL RIDGE AREA, TEN MILES NORTHEAST OF CHICO IDENTIFIED AS AP 63-02-70 The public hearing on W. Scott Rutherford appeal of-the EIR requirement on a rezone from "TM--40" property located on the west side of Doe Mi11 Ridge Road, approximately five miles south of Highway 32 via Schott Road, Aoe T~iii1 Ridge area, ten miles northeast of Chico, identified as AP 63-02-70 was held as continued. Bettye Blair, planning director, set out the hackground of the appeal. Mr. Rutherford agreed to consider the north one--half of the Page 295. March 16, 1982 B Chairman Wheeler advised she had an opportunity to do some driving in the area and it is fairly flatThis would be one 20-acre parcel and two ten--acre parcels. The county approved a negative declaration for a 20-acre parcel just to the north of this particular property. The movement in the area is some downzoning to ten acre parcels. This request seemed to be compatible with the downzoning in the area. Hearing open to the public. Appearing: Scott Rutherford. Hearing closed to the public and confined to the Board. On motion of Chairman Wheeler, seconded by Supervisor Moseley and carried, the appeal of W. Scott Rutherford of the EIR requirement on a rezone from "TM-40" property located on the west side of Doe Mi11 Ridge Road, approximately five miles south of Highway 32 via Schott Road, Doe Mill Ridge area, ten miles northeast of Chico, identified as AP b3-02-70 was upheld for an application for two ten-acre parcels and one 20-acre parcel; finding the maybes listed in Appendix F are not considered as potential impacts and are to be changed to no in the appendix. 473 March 16, 1982 property as twenty acre minimum and the south one-half of the property for ten acre parcels. REPORT TO THE BOARD RE: REQUEST BY ROBINSON RANCHERIA CITIZENS COUNCIL TO SUPPORT THEIR GRANT APPLTCATION FOR INDIAN CHILD WELFARE SERVICES Fti.ke Pyeatt, interim administrative officer, set out the memo that had been sent to the Board regarding the report on the request by Robinson Rancheria Citizens Council for support of their grant application for Indian child welfare services. The Board-can either support the grant application, not support the application or let it fly on its own merits. He recommended that the Board take no action on supporting or not supporting the application. Administrative Office directed to write letter to Robinson Rancheria Citizens Council advising that the Board took no formal action of support or opposition to the grant application for Indian child welfare services. 474 APPROVE BUDGET TRANSFERS On motion of Supervisor xloseley, seconded by Supervisor Saraceni and carried, the following budget transfers were approved: B-165 - Public Guardian. Transfers $1,000 from regular salaries to professional and specialized services in order to provide an appropriation for extra help assistance contracted through Andex during the period of a maternity leave for an employee. 4751 476( B-lb6 - Housing and Community Development grant. Transfers various appropriations line items totalling $1,892.32 within the 1978-79 grant in order to cover the rehabilitation cost fox 25.30 Fort Wayne Street in South Oroville. PUBLIC HEARING DATE SET A public hearing date of April 5, 1982 at 10:00 a.m. was set for consideration of L. B. Webster petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 2b-19-2-12, 2420 Williams Avenue, Palermo area. Zoning: "A-2" APPROVE FINAL COUNTYWIDE SEPTAGE STUDY AND CERTIFY EIR FOR REPORT: AUTHORIZE PUBLIC WORKS- AIRECTOR TO NEGOTIATE FOR ACQUISITION OF PROPERTY Consideration of the final report and EIR for the Countywide Septage Study was held at this time. Page 296. March 16, 1982 March 16, 1982 82- hynn Vanhart, environmental health director, set out the background ~'', of the final EIR.and his report to the Board. He recommended that the Board certify the final EI'R, approve the project and authorize the Public Works Director to negotiate for acquisition of adjacent property. Clay Castleberry, public works director, stated that if the Board proposed to approve the report, it would require installation of ponds to take care of the Septage pumper. This would cost more money and would require more land. They are currently paying $1.00 per year and he would like authorization to negotiate for the additional twelve acres and the possibility of acquiring 106 acres adjacent to the existing landfill as_ an alternative to going to 275 acres across the street. If they could acquire that property, there would be space for refuse and the ponds and the county would have about twenty years instead of eight years at this site. He asked that this be done without going to the general reserve. He would like to come back with the means for construction of $10,000 with all-weather roads. Tn talking to the current contractor, the contractor would finance this if he is allowed to change the price for septic tank pumpers. He would work with the septic tank pumper operators to make sure the prices were not so high that the contractor would reoover his money in one month. Mr. Vanhart advised that some of the septic tank pumpers were in a bind for dumping sites and some were on temporary sites. If the Board does not approve the report and project, there would be a problem. The study was done to alleviate problems. Discussion open to the public. Appearing: Charlie Abernathy, owner of Charlie's Septage in Chico. Mr. Abernathy stated they were at the point where something has to be done. They are trying to keep people off the Board's neclc and still make a living. He had not given too much thought to the cost increase and what it should be. He was sure the county would get the cooperation of all the companies. He would like to see the ponds scheduled seven days a week, 24 hours per day. He felt that something could be worked out. The cost should not be too high. On motion of Supervisor Saraceni, seconded by Supervisor Dolan and carried, because the Board has reviewed the contents of the draft environmental impact report, the comments received thereon, and the responses to those comments, the final environmental impact report was certified as having been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and the Butte County Environmental Review Guidelines; and based on the Board's own knowledge and research and on information presented to the Board concerning this project, including the environmental impact report which was considered in arriving at a decision, finding that the project could have a significant effect on the environment but will not in this case because of the adopted mitigation measures set forth below attached hereto and by this reference made a part hereof; having found the above, the Countywide Septage Study project was approved finding no significant effect is made: 1. During construction of the lagoons assurances should be made that the lagoon bottom surface remains impervious. 2. The lagoon area must be posted warning the public as to the nature of the disposal operations and access should be restricted. If the surrounding land is to be used for cattle grazing, the lagoon area should be fenced to keep cattle out. 3. Provisions should be made for any required vector control measures which may arise because of the use of the lagoons. Page 2g7. March 16, 1982 ~_ 8 2- 3' 477 478 479 480 4811 March 16, 1982 4. If the proposed site is ever abandoned and the land proposed for an urbanized use, the top few feet of soil, as determined by testing, beneath the lagoon must be excavated and transported to the landfill operation. 5. With the adoption of this project the inadequate septage disgosal methods presently in use will be abandoned. These existing sites should be noted by the County Planning Department with a special zoning for non-urban use of the land unless either extensive testing reveals the site not to be contaminated, or the septage and/or"contaminated soil is removed to a solid waste site or both. Testing and removal of septage must be accomplished under the control of the County Health Department and the State Regional Water Quality Control Board. On motion of Supervisor Moseley, seconded by Supervisor Saraceni and carried, the Public Works Director was authorized to negotiate for acquisition of the property, either 12 and 106 acres, and negotiate with the operator for construction of the ponds and to coordinate the charges with the operators. PUBLIC HEARING DATE SET Jim Church, Maeh Produetionts-, asked that. the hearing for the outdoor festival be held on March 30, 1982 since April 10 is the dead- line for negotiations of contracts. A public hearing date of March 31, 1982 at 1:30 p.m. was set for consideration of the application for an outdoor festival license for Mach Productions for a country music festival to be held July 3-5 in the Oroville area. APPROVE REQUEST OF JACK RASH TO TRANSFER BUILDING PERMIT FEES FROM CONSTRUC- TION OF HOUSE TOWARD INSTALLATION OF MOBILE HOME On motion of Supervisor Dolan, seconded by Supervisor Moseley and carried, the request of Jack Rash to transfer building permit fees from construction of a house toward installation of a mobile home for which the original fees previously paid under the permit had expired was approved. DISCUSSION OF PAVEMENT OVERLAY PROGRAM FOR BUDGET FISCAL YEAR 1981-82 CONTINUED TO MARCH 23 ,_ 1982 Discussion of pavement overlay program for budget fiscal year 19$1-82 ($177,000) be changed to repair, oil and chip seal on the following roads: Esplanade - city limits north to Highway 99 ($40,000 - part of work would include installing a continuous left turn lane consistent with city); Miners Ranch Road - 1.6 miles (.$20,000); Foothill - city limits to Edgewood ($10,000); Lumpkin Road - Fortiestown Road to Bridge ($37,000); Hagen Lane - Midway west 1.25 miles ($10,000); Vallombrosa ($10,000); Humboldt Road - Butte Meadows area - extremely bad ($30.,000); and Oroville-Gridley Road - Route 70 west two miles ($20,000) was continued to March 23, 1982. ADDITIONAL MATTER T'RESENTED BY PUBLIC WORKS DIRECTOR Clay Castleberry, public works director, advised that the Energy Commission would have a representative at the hearing on March 23, 1982 for the residential energy standards and regulations. Chairman Wheeler advised that the information from Carol Hallet on the legislation that was introduced would be copied for staff and the Board members prior to the hearing. DISCUSSION: OWNER BUILT RURAL DWELLINGS (K CODE HOUSING) Robert Boyden, chairman of the committee on owner built rural dwellings, set out the background of what had been previously discussed Page 298. March 16 , 1982 March 16, 1982 8; with regard to owner built rural dwellings (IC Coded housing proposal. The Board did nat want this code to be countywide and the committee designated an area for a two-year test with the committee agreeing to monitor and make a report to the Board at the end of the two years as to whether the program could be used county wide. This code does not go-into agricultural or high density population areas. They have deleted the paragraph dealing with the appearance factor. He asked that the Board make a decision on the two-year test area for the northeast portion of District 1. Chairman Wheeler felt that since there was a new Supervisor coming on the Board and:this proposal could effect his area, she felt the committee should spend some time with Supervisor-Elect Fulton and set out the proposal. The matter should be brought back~to the Board for consideration after that time. Supervisor Saraceni stated he personally was in favor of the code and that this be put in place for a specific area for a two--year period. He would like to have that done. Chairman Wheeler stated she wanted to look at the map again and felt that the new Supervisor should be allowed to consider the proposal. She felt the proposal would have an effect on the entire county. Mr. Boyden was not adverse to that suggestion. He felt Supervisor- E1ect Fulton was aware that the test area would not effect his district. He felt the decision to go forward county wide would be better founded if there were a completed test. He would be willing to delay any action. Supervisor Dolan felt this was a county policy that would have an effect on everyone because it is the county Building Department that would be working with the owners and doing the inspections and. all the constituents in the county would contribute toward the program. She would like to have this discussed and have the vote of all five members of the Board. The matter was held until the Chairman has discussed the matter with Mr. Boyden and Supervisor-Elect Fulton and brings it back on the agenda. APPROVE CONVEYANCE OF DEVELOPMENT RIGHTS AND PERPETUAL OPEN AREA EASEMENT FOR LOUIS ANDERSON, On motion of Supervisor Dolan, seconded by Supervisor Moseley and carried, the conveyance of development rights and perpetual open space easement to comply with the condition of approval on the use permit for Louis Anderson was approved and the Chairman authorized to sign the conveyance. and easement. 482 APPEARANCE: 3AME5 HANSON,_OROVILLE Mr. Hanson spoke regarding the energy issues abounding throughout the state. He felt there was a tax problem when companies are charged less in taxe~han the individuals are charged. ADOPT ORDINANCE 2271: INTERIM "C-2" FOR CHARLES NEEL ON PROPERTY IDENTIFIED AS AP 43-29-44, CHICO Bettye Blair, planning director, set out the background for the requested interim "C-2" zoning on the Charles Neel property identified as AP 43-29-44, Chico. The use of the property is not allowed under the present "C-1" zoning. Application has been made and hearings will be held before the Planning Commission in April. 483 484 Page 299. March 16, 1982 March 16, 1982 8'. a On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, the interim "C-2"-zoning for Charles Neel property identified as AP 43-29-44, Chico was approved'_for B~period of 120 days; Ordinance 2271 was adopted and the Chairman authorized to sign. ADOPT ORDINANCE 2272: INTERIM ~-'AR-MH" FOR STANTON MARSH PROPERTY IDENTIFIED AS AP 36-11-3-54 LOCATED SOUTH OF OROVILLE Bettye Blair, planning director, set out the background of the requested interim "AR--2Fli" zoning on the Stanton Marsh property ..identified as AP 36-11-3-54 located south of 6roville. The present zoning on the property is "AR" zoning and there is an application for zoning so that Mr. Marsh can apply for a variance to the code to allow an Aunt Minnie. 485.. Oo. motion of Supervisor Saraceni, seconded by Supervisor Moseley and carried, the interim "AR-MH" zoning for Stanton Marsh property identified as AP 36-11-3-54 located south of Oroville was approved for a period of 120 days; Ordinance 2272 was adopted and the Chairman authorized to sign. Ms. Blair advised it would be in order for Mr. Marsh to pursue an application for the Aunt Minnie through the Environmental Health Department to get the application moving. REPORT TO THE BOARD CONCERNING CONSIDERATION OF GENERAL PLAN AMENDMENT TO CHANGE AGRICULTURAL RESIDENTIAL ZONE REQUIREMENTS - CONTINUED TO APRSL 6, 1982 Report to the Board concerning consideration of a General Plan amendment to change agricultural residential zone requirements was held at this time. 48b ~~ i Bettye Blair, planning director, asked that this matter be continued. The Planning Commission discussed it last week and would like a little time. Chairman Wheeler submitted the letter from Sohn Luvaas regarding this matter. A copy of the letter from John Luvaas to be made for Planning Department,,Board members and Counsel. Planning Department to forward information on this matter to the Land Development Committee. The matter was continued to April 6, 1982 RECESS: 11:14 a.m. RECONVENE: 11:21 a.m. PUBLIC HEARING: REVENUE SHARING PROPOSER USE HEARING The public hearing on the 'revenue sharing proposed use hearing was held as advertised. 487' i Mike Pyeatt, interim administrative officer, set out the background of the hearing. The law requires that the Board hold two public hearings on revenue sharing funding, the proposed use hearing to receive input on expenditures and proposed expenditures and the final use hearing which is combined with the budget hearings in June or July. The proposed revenue sharing for the county is $1.8 million. Last year most of the money was to provide funding for on-going services. Hearing open to the public. Appearing: Page 300. Marcfi lfi, 1982 March 16, 1982 8 a 1. .Marshall Ross, representing Chico Area Council on Aging., Mr. Ross was requesting $7,500 in revenue sharing for the Chico Meals on ' [~Theels program. The first year they were in operation, they served 2,700 meals and they are now .close to 24,000 meals per 'year. if all funds were taken away from their organization, they could operate for 18 months maybe. 2. Cathleen Stevens, Transmed Inc. Ms. Steverfs stated their organization has provided 3,400 miles of transportation for medical needs in the area. They are requesting $500 from revenue sharing funds. There are ten volunteer drivers who are reimbursed at a rate of 18~ per mile to take patients to Davis, Stanford and Woodland Clinic. They transport mostly out of Oroville, Paradise and Gridley. Hearing closed to the public. No action taken. Information to be held until final use hearing. Consideration of the agreement authorizing the~transfex of funds held by the county for improvements within the Town of Paradise continued to March 23, 1982. CONSIDERATION OF AGREEMENT AUTHORIZING THE TRANSFER OF FUNDS HELD BY THE COUNTY FOR IMPROVEMENTS WITHIN THE TOWN OF PARADISE CONTINUED TO MARCH 23, 1982 488 WAIVE FIRST READING OF ORDINANCE ADDING ARTICLE ITI TO CHAPTER 26 OF THE BUTTE COUNTY CODE RE: DRAINAGE PLANS; REPEALING SECTION 32-12 AND ADDING SECTION 32A-12 OF THE BUTTE COUNTY CODE RE: AGRICULTURAL NUISANCES: CONTINUE CONSIDERATION OF AMENDING SECTION 14-48 TO THE BUTTE COUNTY CODE RE: PARKING OF COMMERCIAL VEHICLES PULLED OFF AGENDA AT THIS TIME Chairman Wheeler asked that the portion of the proposed ordinance dealing with parking of commercial vehicles weighing 10,000 pounds or more in residential areas that amended Section 14-48 of the Butte County Code be pulled out of the ordinance under consideration. 489 On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, the first reading of the ordinance adding Article II1 to Chapter 26 of the Butte County Code relative to drainage plans and repealing Section 32-12 of the Butte County Code and adding Section 32A--12, relative to agricultural nuisances was waived. Consideration of an ordinance amending Section I4-48 to the Butte County Code relative to parking of commercial vehicles weighing I0 ,000 pounds or more in residential areas pulled at this time to be brought back at a later date. ADOPT ORDINANCE 2273: WAIVE SECOND READING OF ORDINANCE IMPLEMENTTNG AB 1826 (FARR) CONCERNING SUPERVISOR ORIENTATION On motion of Supervisor "Moseley, seconded by Supervisor Saraceni and carried, the second reading of the ordinance implementing AB 1826 (Farr) concerning supervisor orientation was waived; Ordinance 2273 was adopted and the Chairman authorized to sign. 490 COMMENTS TO GRAND JURY/BOARD OF SUPERVISORS AUDIT REPORT FOR THE PERIOD ENDING JUNE 30, 1981 - REFERRED TO GRAND JURY''_FOR REVIEW Comments to the Grand Jury/Board of Supervisors Audit Report for the period ending June 30, 1981 was referred to the Grand Jurry for review. REPORT AND CONSIDERATION OF ORDINANCE RE: WEATHER AND METEOROLOGY STATION AT BEDDING MUNICIPAL AIRPORT - CONTINUED TO MARCH. 23, 1982 Report. and consideration of ordinance regarding the Weather and Meteorology Station at Redding Municipal Airport held at this time. 491 492 Page 301. Mareh 16, 1982 March 16, 1982 Mike Pyeatt, interim administrative officer, reported that the station at Red Bluff will be closed and they are proposing to transfer two people from Red Bluff to Redding and still maintain fire and agricultural _nformation. Nowcasting reports the weather at this time and the station tt Red Bluff reports the weather conditions that will exist a day or two .n the future and this is very vital for fire protection. The agricultural Feather information is very important also. ter. Supervisor Saraceni asked for a little more time to consider this Chairman Wheeler felt it would be nice to hear from the Fire Warden Agricultural Commissioner on this matter. The item was continued to March 23, 1982. 493 UTHORIZE SENDING OF LETTERS TO HOSPITAL ADMTNISTRATORS AND AMBULANCE PERATORS RELATING TO MATCHING FUNDS FOR NORTHERN CALTFORNIA EMERGENCY DI CAL CARE COUNCIL: CONSIDERATION OF REORGANIZATION PROPOSAL CONTINUED TO MARCH 23 1982 Consideration of the reorganization proposal of the Northern California Emergency Medical Care Council held at this time. Supervisor Saraceni reported on the meeting he attended on March 13, 1982 in Redding regarding the funding of the Northern California Emergency edical Care Council. In past years, the county has contributed $24,000 to this program. Because of fiscal constraints, the county funded 50 percent of that amount, or $12,000. There were four counties who did not come through ith the I00 percent funding. The administrator 'of the EMC advised them he would not have enough money to continue the program to operate Medcom repeaters and radios for the hospitals if they do not receive the additional funding. Six months ago, he met with five hospital administrators and three to four ambulance companies relative to coming up with the balance of the $12,000 in funding for Butte County or whatever they could raise. Nothing has been received from the council for that $12,000 to be raised by the users. These people had given him information that they would try to raise funds and come up with something. After the meeting, he contacted these hospital administrators and ambulance operators to let them know that the system would be shut down as of March 31, 1982 if the money is not there. He was advised they would try to make an effort to come through with those funds. Discussion of the reorganization proposal held at this time. Supervisor Saraceni stated there would be a change in the by-laws and joiri't powers agreement that would allow for nine members on the Board instead of the current 26 members. The membership would consist of two supervisors, two hospital people along with other members. Chairman Wheeler stated that they would like for the county to fund the $12,000 until the hospital people come Forward with the money. She felt that the difficulties in dealing with the funding in the past was the fact that the county is in a very severe financial constraint and the EMC has used the county's money and have been investing that money. Supervisor Dolan felt the Board should official communicate with the hospital administrators and ambulance operators to let them know what the situation is and that the Board is looking at making a decision of either paying the $12,000 or not paying the $12,000 and if it is not paid the EMC is facing demise at the end of the month and the Board would like an official comment of whatever they will come up with. Page 302. March 16, 1982 8 a March 16, 1982 Supervisor Saraceni stated he was concerned that the administrators and operators had not come forward. They have been waiting for. the county to go .ahead and fund the additional $12,000 and he was disturbed by this. On motion of Supervisor Dolan, seconded by Supervisor Moseley and carried, an official letter is to be sent to the hospital administrators and ambulance operators relating to the matching funds for the Northern California Emergency Medical. Care Council. Consideration of the additional funding and reorganization of the Northern California Emergency Medical Care Council continued to March 23, 1982. 494 COMMUNICATIONS Martin Skinner,-0roville. Mr. Skinner writes appealing the Advisory Agency's decision on a certificate of compliance relating to an interpretation as to the number of parcels, AP ~28-32~-144 and 146, property located on a private road west of Mission Olive Road, Oroville area. Set for hearing April 6, 1982 at 10:15 a.m. Rolls, Anderson & Rolls, Chico. The engineers, on behalf of Son Little, appeal the Advisory Agency`s condition 4 on tentative parcel map, four parcels, property located on the southwest corner of Cusick Avenue and Henshaw Avenue, Chico area. Set for hearing April 6, 1982 at 10:30 a. m. Geddis, Driscoll, Christofferson, Lenhardt, Inc., Oroville. The engineers, on Behalf of James Street, appeal the proposed negative declaration and Advisory Agency's denial of tentative parcel map, AP 62-04-205, four parcels, property located on the southwest corner of Oro-Quincy ' Highway and Seminole Drive, Berry Creek area. Set for hearing April 6, 1982 at 10:45 a.m. Geddis, Driscoll, Christofferson and Lenhardt, Oroville. The engineers, on behalf of Joe Lema, appeal the Advisory Agency's conditions 3, 5, 10 and 13 on tentative parcel map, AP 69-11-09, three parcels, property located on Lodgeview Drive, approximately 350 felt north of Hillcrest Avenue, Oroville area. Set fox hearing. April 6, 1982 at 11:15 a.m. City of Chico. The City of Chico forwards its resolutions relating to a charier amendment measure for the election of Council members from districts (City Measure C) and for an advisory measure on the ballot relating to U.S. military aid to E1 Salvador (City Measure D) and requests that they be glaced upon the June 8 election ballot. See motion following communications. Drainage District No. One. The district writes requesting that the Board, pursuant to Government Code Section 26909, pass a motion authorizing an audit of the district no oftener than once every five years. Referred to the Auditor for a report back. Feather River Recreation & Park District. The district writes requesting that the Board waive the building permit fee in the Forbestown area to expand a building operated and maintained by the Yuba- Feather Historical Association. Referred to Counsel for a report back on March 23, 1982. Law Offices of Dennis R. Hoptowit. The attorney, on behalf of Jeffrey Dean May, files a claim in the amount of $500,000 as a result of alleged damages incurred while incaracerated in the county jail from November 28 through De~eember 1, 1981. See motion following communications. Page 30.3. March 16, 1982 March 16, 1982 - _ Superior California Humane Society, Paradise. The Humane Society forwards a proposal relating-to animal control services for the 1982-83 , fiscal year. Referred to staff and Supervisors Dolan and Wheeler appointed to committee to deal with the animal control negotiations of the contract. Paradise Pines Property Owners Association. The association writes stating their objection to a proposed budget transfer at the state level which would relocate the California Conservation Corps Camp personnel from the Magalia location and replace them with convicts. Taken under submission with Administrative Office to come back with any information they can gather. Pacific Gas and Electric Company. The company sends notification that the Federal Energy Regulatory Commission has accepted their application for an amendment of a license for the Rock Creek - Cresta project (FERC 1962-000) and is requesting comments from the Board. Informa=_ tion; no action taken. 495 MOTION TO ADOPT RESOLUTION CONSOLIDATING ELECTIONS FAILS.: COUNSEL TO REPORT BACK ON MARCH 23 1982 It was moved by Supervisor Dolan, seconded by Chairman Wheeler that a resolution be adopted consolidating the two City of Chico measures, Town of Paradise measure and the two PID measures with the June 8, 1982 primary election and the Chairman be authorized to sign. Vote on motion: AYES: Supervisors Dolan and Chairman Wheeler NOES: Supervisors Moseley and Saraceni Motion fails. Chairman Wheeler advised she was not too supportive of the advisory measures but was of the other measures. Counsel to research the matter to see if the Board is required to consolidate the elections and report back to the Board on March 23, 1982, REJECT CLAIM - JEFFREX DEAN MAY On motion of Supervisor Moseley, seconded by Supervisor Saraceni and carried, the claim of Jeffrey Dean May in the amount of $500,000 as a result of alleged damages incurred while incarcerated in the county jail from November 28 through Aecember 1, 1981 was rejected and referred to County Counsel and Risk Management Coordinator. 497 ADDITiDNAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Dolan presented information on an upcoming woxkshop regarding resource conservation districts to be held at Durham Memorial Hall on April 13, 1982. Supervisor Saraceni set out the conference he attended in Sacramento. The most significant information related the the presentation by the State Controller relative to the fact that the state is out of funds and do not have the money to pay the bills that are being submitted for payment. They will be unable to send the funds back to the counties. The county will be facing less funds to work with. Chairman Wheeler advised she attended the same conference and had information on health and welfare that would be supplied to department heads, Board members and the ~&~ss. page 304. March I6, 1982 82- 498 499 March 16, 1982 ADOPT RESOLUTION 82-43 ACKNOWLEDGING PRESENCE OF THE REPIIBI'~TCC' OF CHINA GYMNASTIC TEAM ALONG WITH THE-U.S. GYMNASTIC TEAM IN CHICO ON MARCH 22, 1982 On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, Resolution 82W43 acknowledging the presence of the Republic of Chitia gymnastic team along with the U.S. gymnastic team in Chico on March 22, 1982 at Acker Gym was adopted and the Chairman authorized to sign. ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Chairman Wheeler presented a letter of resignation from Rae Wheeler as Planning Commissioner, 4th District. On motion of Supervisor Moseley, seconded by Supervisor Dolan and carried, the Board accepted the resignation of Rae Wheeler and a resolution of appreciation is to be prepared. The vacancy is to be posted. 500 Chairman Wheeler read a letter from the 4-H Club relating to the donation of some trees to the Library. The letter was submitted for the record. RECESS: The Board recessed at 12:12 p.m. to reconvene on Wednesday, March 17, 1982 at 1:30 p.m. r: ~ * * * * * * * * March 17, 1982 * * * * * * RECONVENE: The Board reconvened at 1:30 p.m. pursuant to recess. Present: Supervisors Dolan, Moseley, Saraceni and Chairman Wheeler. Mike Pyeatt, interim administrative officer; Del Siemsen, county counsel; and Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board. ADOPT RESOLUTION 82-44 CONSOLIDATING ELECTION OF TWO CHICO MEASURES AND TWO PID MEASURES AND TOWN OF PARADISE MEASURE WITH THE PRIMARY ELECTION Chairman Wheeler advised that she had discussed the consolidation election with staff and had been advised that if the county did not consolidate the election there would be a great deal of cost involved and would be back to the county,..but if the consolidation were approved, there would be a sharing of the costs. Del Siemsen, county counsel, advised that the county could separate out any measure because each election is called. The Board may consolidate elections. Assuming the cities could hold their own election, they can use the same polling places and would have to have their own booths set up. Supervisor Dolan stated that whatever the cost of the election caused by another entity, the election is paid by them for their measures. The county will be conducting an election and having polling places wh ether this is consolidated or not. If the Board were to separate out and pick and choose and leave the ones off members do not like, she called that discrimination. She believed it was the county's obligation to consolidate when they have had the request. Chairman Wheeler supported their right to place the items on the ballot even though she did not agree as an individual taxpayer with the advisory measures and felt they should have been placed on the ballot in the form of an ordinance. Supervisor Saraceni stated his concern had been with the expenses involved and that question had been answered. Page 305. Mardi 17, 1982 March 17, 19$2 82- _ Supervisor Moseley was concerned with what the people in Chico ~' could do about E1 Salvador. On motion of Supervisor Moseley, seconded by Supervisor Dolan and carried, Resolution 82-44 consolidating the measure by the Town of Earadise, the ~:- measures submitted by the City of Chico and the measures submitted by PID as set out in the Mareh 15, 1982 memo with the June 8, 1982 primary election was adopted and the Chairman authorized to sign. RECESS: The Board recessed at 1:37 p.m. to hold a closed session regarding meet and confer. RECONVENE: The Board reconvened at 2:32 p.m. following a closed session regarding meet and confer. Nothing to report at this time. ADJOURNMENT There being nothing further before the Board at this time, the meeting was adjourned at 2:33 p.m. to reconvene on Tuesday, March 23, 1982 at 9:00 a.m. ATTEST: CLARK A.NELSON, COUNTY CLERK- RECORDER and ex-officio Clerk of the Board of Supervisors Cha' an, Board of Supervisors By Page 306. March 17, 1982