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HomeMy WebLinkAboutM05048282- May 4, 1982 STATL OF CA'T,IFO'12N7A ) SS. COiTNT!t OF BDTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present:' Supervisors Fulton, Moseley, Saraceni and Chairman Wheeler. Mike Pyeatt, interiri~ administrative officer; Del Siemsen. county counsel; and Eleanor M. Becker, county clerk-recorder, by Nancy Wilson., deputy clerk. Absent: Supervisor Dolan Pledge of allegiance to the Flag of the United States of America Invocation by Supervisor Moseley APPROVAL OF MINUTES - CONTINUE TO MAY 11, 1982 Continued to May 11, 1982 approval of the minutes from April 27 and 28, 1982. 788 789 ADOPT ORDINANCE 2280: APPROVE CONSENT AGENDA ITEMS DOLAN PRESENT AT THIS TIME The following consent agenda items were pulled from consideration this time: 1. Budget transfers. 2. Resolution renaming a private road in Butte County. (MCCutcheon ive (Hillcrest to ends to Town View Drive. 3. Salary ordinance amendment relating to Veterans' Services Officer and representative position and CETA Youth Program. On motion of Supervisor Moseley, seconded by Supervisor Saraceni unanimously carried, the following action was taken: 1. A public hearing date was set for May 25, 1982 at 10:00 a.m. 'for consideration of Richard and Margaret Wright petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home an AP 39-12-001, off River Road, Chico area, zoning: "A-10". 2. A public hearing date was set for May 25, 1982 at 10:00 a.m. or consideration of Jeffrey Brun peition for variance to Sections 19-10 and/or 9-12 of the Butte County Code for placement of a mobile home on AP 44-33-78, ox 654-K Mort Lane, Chico area, zoning: "A-2". 3. Approved variance renewal of Grace Coon to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 39-25-002, 3255 Burdick Road, Chico area, zoning: "A-2". 4. Approved variance renewal of Chester and Helen Walling to Sections 19-ZO and/or 19-12 of the Butte County Code for placement of a mobile home on AP 26-4-03, 6755 Irwin Avenue, Oroville area, zoning: "A-2". 5. Approved variance renewal of Vincent H. Dilley to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 27--17-09, 291 Alta Airosa Drive, Oroville area, zoning: "A-5". 6. Approved variance renewal of David and Wandalee Slankard to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 74-18-27, 6624 Woodward Avenue, Magalia area, zoning: "RT-lA". Page 471. May 4, 1982 a2~ b May 4, 1982 _ _ _ a - _ 7. Approved request for-relief from accountability in accordance with Government Code. Section. 29390 and Board Resolution 75-177 as requested by the Director of Libraries for a shortage of $5.50 as a result of a burglary occurring at the Biggs Library; the District Attorney and Auditor-Controller recommended relief from accountability. 8. Approved request for relief from accountability for the Fish and Game Commission for a loss of spotting scope in accordance with Government Code Section 29390 and Board Resolution 75-177; the District Attorney and Auditor-Controller have recommended relief from accountability. 9. Waived the second reading of salary ordinance ,amendment reducing the Board of Supervisors' salary by 10 percent; adopted Ordinance 2280 and the Chairman authorized to sign. '~, 790 791 792 10. Waived the first reading of a salary ordinance amendment reducing by two salary ranges (approximately 10 percent) the compensation for elected and appointed department heads. 11. Declared 18 walnut trees surplus which are to be removed from the county right-of-way and authorized the sale of said trees by sealed bid. 12. Approved the deposit by the developer of $485 for taxes or special assessments which are a lien, but not yet payable; approved final map on Rancho De Thunder Unit 3, fifteen lots on the west side of Garner Lane, 800 feet south of Keefer Road, north Chico area, AP 47-26-185 (portion} and accepted easements as described as 1 and 2 of owner's certificate as offered for dedication; accepted grant in fee simple right-of-way for Garner Lana, Shorthorn Drive and Simmental Drive; and the Chairman authorized to sign the subdivision agreement. WAIVE FIRST READING OF SALARY ORDINANCE AMENDMENT CREATING YOUTH ACTIVITY PROGRAM FOR CETA Discussion was held regarding the proposed salary ordinance amendment. On motion of Supervisor Dolan, seconded by Supervisor Fulton and unanimously carried, the first reading of a.salary ordinance amendment`::`-,- creating a youth activity:classificaton to be used.::in the CETA Youth Program was waived. CONSIDERATTON OF ANIMAL CONTROL SUBREGIONAL CONTRACTING REPORT - CONTINUE TO LATER IN THE MEETING Consideration of the animal control subregional contracting report was held at this time. Mike Pyeatt, interim administrative officer, stated they had presented the Board with a one page memo relative to the discussion held last week. There are no legal provisions to divide into subregional areas. Mr. Pyeatt read from the memo at this time. They have received input from Paradise Pines and Chico on the bid aspect. Continued to later in the meeting as Board members did not receive a copy of the memo. CONSIDERATION OF UTTLTZING PURCHASE OPTION CREDITS TO ACQUIRE CADE 1900 DATA ENTRY SYSTEM _ CONTINUE UNTIL FINANCIAL SITUATION IS CLEARER Consideration of utilizing the purchase option credits to acquire Ithe CADS 1900 data entry system at a cost of $31,615 with budget transfer B-160 prepared to provide the necessary appropriation was held at this time. Page 472. May 4, 1982 r 8. May 4, 1982 Chairman Wheeler stated it would amount to approximately $14,000 from the reserve and $27,115 to fixed assets, equipment. Staff is asking for direction. ' Supervisor Moseley was concerned about the age of the equipment. She felt it was old for this type of material. Mike Pyeattr interim administrative officer, stated it was four or five years old. It was not old as far as life ability, unless there was a change in the county equipment. They have 20 months before they decide to buy or lease. They would be saving the lease costs between 29 months and 4D months which was $12,888 a year. Tt would depend on the CARE system and if they do not enhanse it. Chairman Wheeler stated Mr. Hazelwood was in the audience. She did not feel two months would make a great deal of difference in looking at this again. Hardware changes occur more often. It is not what costs, it is the program and analysis. Continued the matter until the financial situation is clearer. 793 APPROVE NECESSARY FINDING ON ANNEXATION AGREEMENT - CITY OF CHICO Discussion was held regarding the annexation agreement with City of Chico at this time. Mike Pyeatt, interim administrative officer, set out the back- ground on the annexation agreement. There was recent communications from Mayor Marta Worley with their comments. There is an interpretation from the Auditor and County Counsel relative to the agreement. He read paragraph 3 from the agreement. Paragraph 4 speaks to East Avenue annexation which has an effect relative. to funding of the county wide system and could impare the ability to perform health and safety of the citizens. County Counsel has indicated that outside of the master agreement would be subject to separate negotiations. Mr. Pyeatt received a telephone call earlier this morning from City Manager Fred Davis. Marty Worley, mayor, City of Chico, stated they have reviewed all of the correspondence and the agreement. They felt they did have an agreement in place. They could renegotiate the agreement so it could be settled before July 1. Renegotiate means to talk again. The agreement speaks to property tax split of 40/50 now. The agreement that the City of Chico receives 40 percent with county getting 60 percent, which is lower than that of the other cities. The agreement that they are discussing speaks only to property taxes. She was referring to~the Cohasset rather than the other annexations. A11 Cohasset annexation was requested by the property owners that wanted sewers. Chairman Wheeler stated the problem area is with item 4 which she read at this time. Supervisor Dolan felt the issues were contained in paragraph 4. Item 18 refers to notice that what effects them would be subject to renego- tiations. She felt they do have an agreement for 60/40 split now. The first item will effect them. The other annexation has been in process for a long time. She felt it should go forward. Mrs. Worley hoped the Board could meet with City Council by the end of May. They will be discussing all of that in renegotiations. They would like the other to go forward to LAFCo. They have agreed to give 100 percent of the property taxes for the coming year. Page 473. May 4, 1982 8 a _ _ _ _D1ay 4, 1_982 _ _ Del Siemsen, county counsel, stated they would receive 100 percent on the southeast sewer district because they were getting all of the sales taxes. The master agreement will be effective only after it is~filed after January 1 and then you go another year before it is split. They do not have any sharing on what percentage of tax split will be in the future. They are going to negotiate all past as well as future negotiations. It is still his opinion they do not have an agreement with the county and city as to what transfer of taxes and takes place January i. They have said until you do not have an agreement you can not spend that until there is a transfer of taxes agreed to. They do not have an agreement that is required by,LAFCo. They would need a resolution setting forth what was to be transferred of the split for the LAFCo filing. The city has indicated unless the County reaches? an agreement by July 1 all of the funds will be impounded because there is no agreement after July 1. Mrs. Worley stated they are talking about two issues. They feel they have asked for renegotiations. They do have an agreement. The other issue is annexation. The City Council wishes they would send the matter on to LAFCo. Fred Davis, manager, City of Chico, spoke regarding the impound- ing of taxes. They would not impound the taxes. They wish to renegotiate. The county and city staffs have been discussing the issue. It seams unfair to the city and property owners to hold up the annexations. It was moved by Supervisor Saraceni, seconded by Supervisor Moseley, finding that the loss of non--property tax revenue (sales tax) as a result of the Cohasset Road Annexation Number 18 to the City of Chico would materially affect the county's non-property tax revenues be approved; and the City of Chico be notified of said determination. Supervisor Saraceni stated he would like to sit down and go with the entire annexation.' Mr. Siemsen stated he wanted to make sure the Safeway Store was outside of the scope of the agreement. It will be subject to separate negotiations. He did not feel they have an agreement as to the exact transfer or split. He talked with City Counsel Bob Boehm who indicated they would impound the funds. Supervisor Dolan stated she felt they have an agreement at present for a 60/40 split. There are some annexations already through that will be subject to negotiations that are on going. They should make a finding that it will have a material affect and negotiate `separately. Vote on motion: AYES: Supervisors Fulton, Moseley, Saraceni and Chairman Wheeler NOES: Supervisor Dolan Motion carried. 794 RECESS: 9:50 a.m. RECONVENE: 10:06 a.m. ADOPT RESOLUTION 82--73 - PUBLIC HEARING: INTENTION TO RENAME A PRIVATE ROAD IN BUTTE COUNTY, MC CUTCHEON DRIVE (HILLCREST AVENUE TO END) TO TOWN VIEW DRIVE The public hearing on intention to rename a private road in Butte County, MCCUtcheon Drive (Hillcrest Avenue to end) to Town View Drive was held as advertised. Page 474. May 4,•1982 _ _ _ _ _ _ _ _ _ = M~ 4~ 1982_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - 82- Clay Castleberryr public works director, stated they have a petition ,~ '' from the property owners requesting the name change. It is in order. ', Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor. Saraceni, seconded by Supervisor Moseley and unanimously carried, Resolution 82-73 renaming a private road in Batte County as follows was adopted and the Chairman authorized to sign: Existing Name Termini Proposed Name McCutcheon Arive Hillcrest Ave. to End Town View Drive ,795 ADOPT RESOLUTION 82-74 - IMPROVEMENT STANDARDS, PUBLIC WORKS ', On motion of Supervisor Dolan, seconded by Supervisor Saraceni and unanimously carried, Resolution 82-74 changing the Improvement Standards S-1 ', to permit 4'-0" wide sidewalks in residential subdivisions only was adopted and the Chairman authorized to sign. , 796 APPROVE CONVEYANCE OF DEVELOPMENT RIGHTS-OPEN AREA EASEMENT - ROBERT HATAMIYA I On motion of Supervisor Moseley, seconded by Supervisor Fulton and unanimously carried, the amended conveyance of development rights and open area easement for Robert Hatami~a to comply with condition of approval of use permit was approved and the Chairman authorized to sign, '797 AUTHORIZE RELEhSE OF POSITIONS FROM HIRING FREEZE - JAILERS ', Discussion was held regarding the release of positions from the ', hiring freeze in the jailer position,.at this time. Mike Pyeatt, interim administrative officer, stated the item was placed on the agenda and the Sheriff was asked to respond. A great deal has changed in the jail since the Board of Corrections study. They believe it is imparitive on the county and the Board to require the staffing as it relates to potential liability. There are philosophical differences with the Sheriff Department. At present they are utilizing extra help. There is a vacant position the result of the hiring freeze. Tt will not stop things from happening in the jail, there will still be occurances, Presently there are two vacant positions, one became vacant on Saturday when an employee went with 48/50 time. It was a vacancy three weeks ago before that was the result of promotion of a jailer to senior jailer. The second vacancy came as the result of an individual on 48/50 time on work related disability and the 3etermination was made on the case. They are recommending the filling of two positions. Tt was moved by Supervisor Fulton, seconded by Supervisor Dolan the two positions of jailer be released from the hiring freeze be authorized. Supervisor Moseley felt with layoffs coming, it is upper most in everyones minds, and a possibility it would be prudent to transfer people. Mr. Pyeatt stated that would be up to the individual employee and if they met the qualifications. To take a voluntary demotion is not something that can be assigned. Gerald Lively, deputy administrative officer, stated a deputy sheriff is not subject to the same training as a jailer. It is entirelp two 9ifferent functions. It is possible people could bump around. Chairman Wheeler stated she understood the legal ramifications and stood the courts have the af~~.~ity to impose some situations at the present Page 475. May 4, 1982 !-" 82'- May 4, 1982 _ _ time to these needs.-It would not be to the Boards benefit to hold this item and what they decide in approximately two to three weeks will be reconsidering all of the positions and that will be a different concern. They may be creating a domino affect. ' Mr. Pyeatt stated there is only one person available to draw from for extra help. The other item is overtime. It could be done, but there could be ramifications. He did not know what the Sheriff's plans were should the positions be released. Supervisor Moseley stated they are always being put under pressure. They will do this o; you will be sued and people will be right on to you, she hated that. She felt the department heads could help them. They are not getting any credit for not laying off people the last three years. There should be some empathy for this Board. She resents they are layed on all the time. Mr. Pyeatt stated after the release from the hiring freeze, it is up to the employees within the department to move down. The department head cannot. Supervisor Fulton felt this was a court of Iast resort. There is no way for them to get. off the hot seat. There is no way they can solve that jail staffing without releaseing the positions. They would hope in the process of making the release the Sheriff would offer those positions to deputys who may face cut backs. '" Mr. Pyeatt stated it was not mandated by the courts, but the Board of~Corrections. It would be embarrasing for the county if this came out in court that they were not meeting there end of the bargain for the facility. Motion amended: In the process of making the release of positions, the Sheriff would offer the positions to deputys who may face cut backs. Vote on motion: AYES: Supervisors Dolan, Fulton, Moseley, Saraceni and Chairman wheeler NOES: None Motion carried. 798 PUBLIC HEARING: LARRY MC KINNEY AND MRS. JANICE GTBSON, APPEAL OF CONDITION ON AP 46-161-28, TENTATIVE CONDOMINIUM SUBDIVISION (COMMUNITY PARK COMMONS). PROPOSED 16 UNITS ON 1.8 ACRES, "SEVEN DUPLEXES, 14 MULTI UNITS AND TWO SINGLE FAMILY UNITS," LOCATED ON 16TH STREET AND CLEVELAND STREET IN CHAPMAN- TOWN - CONTINUED TO MAY 11, 1982 The public hearing on Larry McKinney and Mrs. Janice Gibson appeal of Condition No. 10 (permanent solution for drainage) on AP 46-161-28, tentative condominium subdivision (Common Park Commons), proposed 16 units on 1.8 acres, "seven duplexes, 14 multi units and two single family units," located on 16th Street and Cleveland Street in Chapmantown was held as advertised. Supervisor Dolan requested that the matter be continued in order to talk with the applicant. The open hearing was continued to May 11, 1982 at 10:15 a.m. 799 PUBLIC HEARING: ELMER STEBBINS PROPOSED MITIGATED NEGATIVE DECLARATION FOR A TENTATIVE PARCEL MAP, AP 71-01;,9.~yjFOUR PARCELS, ON DEER MEADOW ROAD, APPROX- . Page 476. May 4, 1982 8: May 4, 1982 IMATELY 800 FEET SOUTHWEST OF TURNAGAIN LANE, HARTS MILL AREA The public he~ring_on Elmer Stebbins proposed mitigated negative declaration for a tentative parcel map, AP 71-01-96, four parcels, on Deer Meadow Road, approximately 800 feet southvrest of Turnagain Lane, Harts Mill area was held as continued. Bettye Kircher, planning director, stated this was a continued hearing so the Board could make a determination on the environmental concerns and follow through with the project. It was necessary to republish. She provided a possible motion for Supervisor Saraceni which would cover all of the questions. 1. Mike Evans, Ron Graves and Associates, stated they were ready to proceed. They had no comments. Hearing closed to the public and confined to the Board. It was moved by Supervisor Saraceni, seconded by Supervisor Moseley that having reviewed the environmental review check list and considerations from the previous meeting, adopt the mitigated negative declaration of environmental impact and approve the parcel map of Elmer Stebbins to create four parcels varying from 11 to 18 acres in size from 46 acre parcels located on the west side of Turnagain Lane, Harts Mill area, AP 71-01-96, and subject to the following Public Works conditions: 1. Verify legal access. 2. Provide two-way traversable access RS-8-LD-I to each parcel from a county maintained road or state highway. 3. Access to be reserved in deeds as per county ordinance. 4. Provide road maintenance agreement. 5. Show all easements of record on the final map. 6. Provide street name signs per requirements of the Department of Public Works prior to recordation of the final map. 7. Pay off any assessments. 8. Provide cul-de-sac at the end of the street. 9. Obtain encroachment permit and construct standard road approach providing adequate sight distance at the intersection of access road and Oroville- 4uincy Highway. 10. Pay any delinquent taxes. Supervisor Dolan questioned what the mitigated measures were. They had received a different map for the project. Motion amended to include mitigated measures: 1. Utilize standard erosion control measures and construction practices to minimize erosion and other construction impacts on all site and access development. Measures to include revegetation of all exposed soil surfaces, conditioning earthword in the dry season and restrict develop- ment to the area with a slope of less than 30 degrees leaving the steeper property for the ..open space. Page 477. May 4, '1982 82- a May 4, 1982 Vote on motion: AYES: Supervisors Dolan, Fulton, Moseley, Saraceni and Chairman wheeler '' Motion carried. 800 REPORT TO THE BOARD ON POPi3LATION - PLANNING Bette Kircher, planning director, stated they have still not received any written comments to the population report. Chairman Wheeler accepted the report as information at this time. 801 REPORT TO 'TO THE BOARD.- CONCERNS OVER A CHEMICAL OPERATION ON DAYTON ROAD - PLANNING A report to the Board over concerns from a chemical operation on Dayton Road was held at this time. Bettye Kircher, planning director, stated she provided a memo from her office relative to the chemical operation. Based on Planning Commission actions from August 8, 1977 minutes it was an allowed use in the "A-10" zone. She visited the site on Friday. It is located on Durham Dayton Highway, east cF Dayton Four Corners. Where the new building is on Dayton Road at the existing location. There were fork lifts moving pallets of fertilizer onto large flat beds. Storage at the location was all included in the corrigated warehouse. She went to the new site with Mr. Vanella. There was a large hopper for the new fertilizer where people come in with spreaders. She had received a letter from Mr. Vanella explaining his operation. There will be no bagging or mixing of chemical fertilizer on the project. She had talked with Tony Landin and it was her understanding there was several small operations where they do no bagging or mixing.- Water Quality Control was not monitoring because they were in bags. They do intend to build another structure on the site. Tt would be for protection of agriculture equipment. Supervisor Moseley questioned if they would have a handle on the operation if there were problems in the. future. Mrs. Kircher felt since there was an interpretation that came down from the Planning. Commission to staff, if it were to be further broadened by the Board for the dispencing of fertilizer there would not be as an allowed use. She felt it would be exganded that way. Supervisor Moseley stated the neighbors in the area do not want to cause any problems,. they recognize this is part of agriculture, but they do not want to get into anything that is harmful. Mrs. Kircher stated she heard the concerns last week regarding liquid ammonia. Mr. Vanella indicated they would not. Again they could broaden the limits in an agriculture use. Mrs. Kircher presented pictures to the Board at this time of her visit. Supervisor Dolan stated she gave members a copy of a letter from the Lords'. She did not know what to do with this. It appears there are a couple concerns. One is Planning Commission, and she did not mean to find fault, giving a legitimate determination of what it is used and allowed in 1977. Staff having that approximate proceeded without discovering the use or what was perceived at the time and what ends up physically on the site. There are neighbors, even though it is an agriculture zone. Five to six years creates all kinds of problems. She was unsure if they came to an agreement what is to occur and what is not. That is to proceed as long as there are industrial aspects there and not on farming. There will be problems. Pagel78. May 4, 1982 82= ,y _ _ May 4, 1982 _ _ _ There will be problems down the line with Planning inspection or someone. The building was built and it is appropriate and it conforms. There is another big building and now a big tank. Part of the use is chemical. They could change the application method. It could start a new problem to resolve. Supervisor Fulton questioned if the L~ W. Lords' had first hand information or knowledge regarding the fumes. Mr. L. W. Lord, Dayton Road, thanked the Board for making the investigation. He questioned several items in the document presented to him. Several members of the family owning the operation are giving different statements. An individual living one-fourth mile away has trouble breathing at times because of the ammonia fumes. He wanted assurances there would be no fumes. wx Mrs. Lord the individual who complained about the fumes was in farming in the area. This will be fourth business the Vanella's have built. They recently had an area leveled prior to the front business. She did not feel. they were seeing the whole picture. They are removing stumps in the second place where this building is being built. Behind, the original building is an open builk storage container with no lids on. There are maybe two or three dozen right behind that. Was it going to emit fumes, in the past there have been fumes. All of the homes have been established for 25 .years. A school bus goes past the area several times a day. One road is less than 100 feet from that place. There is a lot of traffic hazards. They do not want them to store chemicals where it is agriculture. There should be a restriction or limit. It should be limited from close residences. The new building will be close to a residence. issue today. Chairman Wheeler stated she did not think they could resolve the Supervisor Fulton questioned what Environmental Health people felt on this issue. Didn't this have some implications from Environmental Health. Mrs. Kircher stated Mr. Vanhart has been involved in the sewage disposal problem and domestic water supplies. She did not know if there were health hazards. She would contact him. Chairman Wheeler indicated there were several issues to analyze and she had not visited the site. Supervisor Fulton stated he was concerned about the septics. He felt they were after some other health hazards. He questioned surface water runoff. Mrs. Kircher stated that was handled by Mr. Landis. That is who she contacted. - Supervisor Dolan stated the concerns of the Lords' should be answered. There should be some record of what they can do. Septic permits could not be an issue. The health questions and waste, storage and drainage on the lot. Does the allowable use constitute mixing. If there are reports of ammonia fumes, are they accurate. Could it be controlled. Mrs. Kircher had talked with Public Works on water runoff. They only become involved in off-site improvements. There is no ordinance putting the responsibility on anyone. Emily Fortier, Durham, stated they have done business with the Vanella's for 20 years. Mr. V~r~~]rla's family lives close and would not harm them. They should look at both sides. Page 479. May 4, 1982 8 2- ~' 802 803 May_4l 1982 _ _ _ _ . a W - _ _ _ _ _ ~ _ _ ~ - _ _ _ _ _ _ _ - - - ~ ~ c = _ _ _ _ ~ _ - _ Louis Camenzind, Jr., Chico Highway, stated they are to protect agriculture. This is an agriculture enterprise. There are all kinds of fertilizer, pesticides and herbicides used in farming all over the county. They are all dangerous. He felt the concerns were out of proportion. The matter was continued for further information from the Environmental Health Director. PUBLIC HEARING: AAN HAYS PROPOSED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT AND REZONE FROM "A-2" {GENERAL) AND "A-40" (AGRICULTURAL - 40 ACRE PARCELS) TO "M-1" (LIGHT INDUSTRIAL), PROPERTY LOCATED ON BOTH SIDES OF STATE HIGHWAY 99 AT THE DURHAM-OROVILLE HIGHWAY PENTZ ROAD INTERCHANGE, IDENTIFIED AS AP 40-12-22, 23 AND 24, SOUTHEAST OF CHICO - CONTINUE TO MAY 18, 1982 The closed hearing on Dan Hays proposed negative declaration regarding environmental impact and rezone from "A-2" (general) and "A-40" (agricultural - 40 acre parcels) to "M-1" (light industrial), property located on both sides of State Highway 99 at the Durham-Oroville Highway Pentz Road interchange, identified as AP 40-12-22, 23 and 24, southeast of Chico was held as continued. Bettye Kircher, planning director, stated this was a closed hearing. There was a request from Supervisor Saraceni for additional information relating to the General Plan and incorporated and unincorporated areas. The hearing was continued to May 18,-3982 at 11:00 a.m. to allow applicant to meet with County Counsel and Planning Director to answer some of the issues. DISCUSSION: AIR POLLUTION TASK FORCE COMMITEE CLARIFICATION Discussion regarding the Air Pollution Task Force Commitee clarification of their fuction held at this time. Gerald Geiser, Chico, stated they would like clarification from the Board before proceeding further on the Air Pollution Task Force Committee. There function was to look at the fee schedule. There was only input from agriculture and business at the two meetings. They have presented a tentative budget that shows a zero dollar amount for Air Pollution Control. They have agreed on three areas:. 1) The state should appropriate the funds; 2) Reason- able fees should be collected for service performed for inspection of stationary sources; and 3) The general public and General Fund to fund other areas. Mr. Geiser stated they did not feel agriculture and business should pick up the total costs of the program. With a zero balance they felt this was the Board's direction. There was more cost involved in processing permits for burning barrels than would be collected. Supervisor Dolan felt this was a mathmatical formula in determining the budgets for the departments. The recommendation would be taken on face value. They had asked them to go from no percentage to 100 percentage of fees. Mr. Geiser stated they did not want the function turned over to the state. They must match every dollar from the state by two dollars. Chairman Wheeler stated she did not want to see the state come in. They were looking for an equitable amount for each department. The departments are to explain why or why not they can live within the budget. Larry Rhinehart, Durham, stated they are not creating pollution today. Tt has been here for a long time. There are volcanoes and forest fires which create pollution also. They are trying to shift a large burden. There should be cooperation Page 480. May 4, '1982 !-" 82- a 804 805 806 807 808 May 4, 1982 Chairman Wheeler stated Mr. Bandy had not provided the Board with a report. . Supervisor Dolan stated that would be done when the committee has completed the proposal for fee changes. Supervisor Saraceni stated it was impossible to work with zero funding. The committee felt with zero funding it was not necessary to work on a report. James Hanson, Oroville, felt the state was forcing things on us. The people should tell t~em they are tired of programs where the state does not provide the funding. APPEARANCES: WARREN WALKER Warren Walker, Disabled American Veteran, Oroville, asked the Board to reconsider their decision of last week to close the Oroville Veteran Service Office. The information presented was not complete or correct. The Chico office does not handle more vists or telephone calls than Oroville. He had documentation. He has been working as a work student in the Oroville office. He felt Paula Boswich had the expertise to handle the job. He submitted his information at this time. The new information presented and memo•received this morning should be checked out with staff. Ed Brown, Chico, stated he was asked to help the chairman of the Veterans Council Legal Committee. He felt the proposal accepted last week was in the best interests of all veterans. If the issue is not resolved, they are all going to lose. He asked the Board to put the issue to rest. APPEARANCES: MOXY SHIRLEY Moxy Shirley, Swedes Flat Road, stated the road is looking the best it ever has. He felt the people were afraid of losing jobs so were doing a better job. He felt the citizens should be protected.. RESCIND RESOLUTIONS 81-219 (CLERK'S OFFICE) AND 81-245 (RECORDER'S OFFICE) CHANGING THE OFFICE HOURS TD 8:00 A.M. TO 5:00 P.M IN THE CLERK AND RECORDER'S OFFICES Eleanor Becker, clerk-recorder, presented a letter to the Board requesting that the office hours in the Clerk and Recorder's offices be changed from 8:00 a.m. to 1:00 p.m. to open from 8:00 a.m. to 5:00 p.m. On motion of Supervisor Moseley, seconded by Supervisor Saraceni and unanimously carried, Resolution 81-219 and Resolution 81-245 were rescinded changing the office hours in the Clerk and Recorder's offices back to being open from 8:00 a.m. to 5:00 p.m. to the public. APPEARANCES: EMILY FORTIER.- REFERRED TO STAFF FOR REPORT SACK Emily Fortier, Chico, had a problem with complaints regarding the burning on agriculture wands. For the past 19 years they have burned on a triangle area of land which belongs to the county. There have been three complaints to Public Works. Her neighbors do not object. Public Works has asked that they not burn, but stated it was not mandatory. They have maintained the area. They are being harrassed. Mike Pyeatt, interim administrative officer, stated they could look Lnto the problem. Public Works and Counsel could discuss the issue. APPEARANCES: ROY RONEY - REPORT BACK FROM COUNTY COUNSEL Roy Roney, Chico, spoke regarding the stipulation and order between the County of Butte and Souther~cific Railroad. He questioned what the Board Page 481. May 4, 1982 8 2r ~' ___________A4a_y 4L1982T__ _____~_~____ _______ used in their decision. to make this industry qualify as an agriculture use. Jim Griffith, deputy county counsel, suggest the Board only give information through Mr. Del Siemsen's office. Mr. Roney stated he would like to take the steps necessary to file legal action againt the county. He would like them to reconsider their decision. It had been discussed if the operation was a public utility, they could do what ever they wanted. Mr. Rosenthaul of Public Utilities Commission in San Francisco stated they have to comply with all rules and regulations of the county. If that was part of the decision, he would like it to be reconsidered. The matter was referred to County Counsel for response back. 809 APPEARANCES: JOHN RONEY John Roney, Chico, spoke regarding the stipulation and order with Southern Pacific Railroad. He felt they were entering into a new era of farming in Butte County. Mr. Roney presented pictures to the Board of the railroad car refurbishing operation. This is being allowed in an "A-40" zone. It was precident setting and other industries would be moving in soon. The matter was referred to County Counsel earlier in the meeting, 810 APPEARANCES: O. C. CLINKINGBEARD _ REFERRED TO COUNTY COUNSEL FOR REPORT BACK O. C. Clinkingbeard, Oroville Rescue Mission, requested a waiver of fees from the Health Department. Everything is furnished by free donation. Supervisor Moseley stated this was a worthwhile cause. They have waived the fees for the Mission before. They are not taxed. It was moved by Supervisor Moseley, seconded by Supervisor Saraceni that the fees from the Health Department be waived for the Rescue Mission. Jim Griffith, deputy county counsel, suggested that the motion reflect review of County Counsel. Supervisor Bolan questioned if this would be a gift of public funds. She would prefer to have an opinion from County Counsel for voting. Supervisor Moseley withdrew her motion at this time. The matter was referred to County Counsel for a report back. sll 812 APPEARANCES: JAMES HANSON James Hanson, Oroville, would like to see the Land Fraud Department eliminated. It is wasting taxpayers money. He is a victim of fraud. He was told his was not more than two parcels and it was not worth bothering with. He felt union people were out of jobs. in the halls. BCEA made a request for adequatet:pay. They should be paid comparable to those out of work. Some departments need to send employees to school to .learn how to treat the public. APPEARANCES: BERNARD KNAPP Bernard Knapp, Paradise, questioned when the Sheriff's budget would be considered. Chairman Wheeler indicated possibly on May 26, 1982. 813 APPEARANCES: ROD WEYAND Rod Weyand, business representative for BCEA, did not feel the union employees made the same salaries as the public. It was no comparison. Page 482. May 4,'1982 8 2- 814 815 { May 4, 1982 Last year the county and BCEA negotiated on several items. He referred to Section 5.06. There are people working in-the Welfare Department which is a high stress area and. since there was no money for extra staffing they agreed to work with existing staff. Section 19.O would guarantee ghat when any vacancies became open it would 6e fulled within 25 days. There are three positions which have been open longer than 25 days. They are not complying with the agreement. They could take it to court. They are not asking for money or a suit. He would like to see them filled... The issue has not been discussed with him. RECESS: 12:03 p.m. RECONVENE: 1:32 p.m. APPEARANCES: JAMES HANSON James Hanson, Oroville, stated he gave the wrong name of the individual who needed to go to school and Learn how to serve the public. It was Chuck Patty a building inspector in Public Works. Mr. John Mendonsa helped to calm him down. He apologized for the error. REFERRED ANIMAL CONTROL FEE ISSUE TO COMMITTEE TO REVIEW, Discussion regarding the animal control subregional contracting report was held at this time. Chairman Wheeler stated they have the memo in front of them. She has spoken to Mr. French who sent a memo. There are staff comments also. Mike Pyeatt, interim administrative officer, stated they developed a contract amendment from last weeks discussion for them to consider. An ordinance was prepared amending the fee schedule set out by Mr. French's earlier letter. They cautioned that in changing the fee it might result in fewer licenses being purchased for animals. Chairman Wheeler stated that was the issue which bothered her about the increase of fees. This is a high rabies county. By implementing the higher rate it might get worse as people go underground. In essence they defeat the purpose. People have stated they are willing to take a chance at being caught.. Gerald Lively, deputy administrative officer, stated the discussion began in consideration of Mr. French's request to raise fees. The Board asked for an amendment to the contract and the ordinance. They discussed an evaluation of services. The subregional concept was also discussed. The information at hand was not complete enough. They could solicit proposals on the north and south area and see what kinds of interest there is. They are not soliciting bids, but proposals and the kinds of service that may be provided. Jack French, administrator, animal control, stated many times when they check for licenses the animals have received the vaccinations but are not licensed. They hold regular clinics for reduced vaccinations. Chairman Wheeler stated of the telephone calls she receives on animal control there is four to one in favor of the service they are providing, but not if they are going to increase the fees. Supervisor Fulton stated the reason for bringing out the concept of regional areas was an attempt to improve the service. There is a wide Brea to represent. Mr.. French stated the upper ridge area contributes to their calls. Cn March they received 1,055 calls and less than 75 percent were from the upper ridge. They patrol one-half days every week day. There would be a savings of Page 483., May 4, 1982 8 2'- b !, *~,~ May 4, 1982 _ 'Q ~_ - _ - _ - ~ ~ x ~ c c c _ _ _ _ _ _ _ _ _ .. Y W o i s - - - - ~ ~ fuel. He did not know how they could renegotiate the contract without them taking a loss. Mr. Lively felt Mr. French would have to submit a proposal should they go with the subregional concept. He is not being forced to do anything at this point. They are just trying to measure the level of services. Mr. French stated the licensing program would have to go into effect by next week. To delay while they look at other areas would affect the program considerably. Supervisor Dolan was not sure what they were discussing. They added a dimension. It has been on the agenda for one month. This is an increase of dog licensing fees. If they are uncomfortable about it, they do not need to study it further. They are increasing fees because they have to. She can see a lot of holes in the document presented to .her this morning. It all comes back to the level of service the county wants. Chairman Wheeler stated they do have an existing contract. A lot of the problem is economics. 1f they can no longer meet those obligations, you cannot provide a certain level of service. You will have to increase the fees. A certain portion comes back to the county. Supervisor Moseley stated there are people with four dogs. They cannot afford the increased fees for all of them. .She likes the services they are received. She could go with the fees if they were less. Mr. Pyeatt discussed the £act the contract calls for providing 240 hours. All of this could be spent patroling. It is difficult to monitor this contract. Mr. French stated the City of Oroville owns the facility and in exchange for SPCA handling the dogs they use the facility for free. They were charging him $21,000 per year, but the price is to go up to $30,000 or $40,000 per year. He pays the flat fee. They will not negotiate. It is a flat fee. Tf he had the facility, he would not be required to do the education program the SPCA must do. It was moved by Supervisor Dolan, to adopt the fee schedule as proposed to be effective October 3, 1982, and the contract amendment split would be 90/10. Supervisor Dolan felt the motion was coming from the lengthy discussion they have had. It is better than continuing the item. Motion dies for lack of a second. It was moved by Supervisor Fulton, seconded by Supervisor Wheeler, to follow administrative staffs memo of April 29, 1982 to solicit proposals to determine the amount of contract innovative costs. Chairman Wheeler stated she was not sure the Board was happy with the service. They are increasing the fees, there is an existing contract. Supervisor Moseley stated they could qo with lesser fees or lower service. She could not go along with this much of an increase. Supervisor Fulton stated he felt it would be a mistake to cut service without looking at some proposal. Supervisor Moseley stated she was not ready to bring in another provider. The motion is asking~c~~ bids or proposals. She was not happy with Page 484.- May 4, 1982 !"' 8 2- S, May 4, 1982 ~ _ _ ~ _ - -- _ _ _ _ _ _ _ _ _ _ ~ W ~ - - - - _ - - - - _ _ ~ ~ _ the service. She is aware that SPCA is asking for a large increase. Maybe they can cut service some other time. To cut services would lower the fees. She is not ready to bring in a new contractor. Supervisor Fulton stated he was not ready to diminish the level of service. The fee increases could have an adverse effect on the rabies issue or unincorporated areas. Chairman Wheeler stated she felt they should withdraw the motion and send it back to the committee to see if there is a possibility of increasing fees. She did not think anyone wants to increase fees. Supervisor Fulton did not wish to withdraw his motion. Vote on motion: AXES: Supervisor Fulton and Chairman Wheeler NOES: Supervisors Dolan, Moseley and Saraceni Motion failed. Supervisor Saraceni questioned if they could put a committee together with a couple Board members. Supervisor Moseley questioned if they could get a building to place on 5th Avenue. Mr. Pyeatt stated one portion of the contract stated they would acquire or construct a pound facility, Supervisor Dolan stated the committee could pursue the fee structure and see if there is a way to amend the contract to reduce the costs. Supervisor Fulton stated he did not feel this would solve the problem in committee. The problem was clearly to increase the fees. On motion of Supervisor Dolan, seconded by Supervisor Moseley and unanimously carried, the issues raised regarding the animal control services be referred to a volunteer committee from this Board to look at the different proposals of fees was approved. Chairman Wheeler appointed Supervisors Dolan and Saraceni to serve on the committee and report back on May~18, 1982. Dr. Robert Allan, Chico, would like to straighten out the record from last weeks meeting. They have had the contract for animal control for three years. There have been numerous meetings. They have been very open. The administrator has been before the,Board five weeks in a row. The bottom fact is the county does not have the funds. They do not have the funds to do the service. They need to increase the fees. There is a provision if they are not happy they can cancel the contract. They might be able to negotiate the fees. The staff is getting frustrated. Mr. Phil Mace has made statements which are not true. Mr. Allan presented a letter from Mr. Cox the previous administrator stating he was not paid $48,000 per year. They operate under the Food and Agriculture Code which speaks specifically to epidemics. Mr. French is earning $18,000. All of the staff has taken a reduction of wages. They are submitting to Town of Paradise a proposal for animal control. It is less than Mr. Mace's proposal. There is no way to do the present program cheaper. The owners of the company cannot continue to subsidize the county program. It was necessary to raise $29,000 to remain solvent without reducing Page 485. May 4, 1982 82'= a 816 1. Butte County Citizen's Water Advisory Committee. 2. Board committee assignments. 3. County position for CSAC rally on budget - May 19, 1982 at State Capital. 81 _ Maw 4~ 1982_ _ _ __ _ _ ° 3 ° _ _ _ ~ ~ - ~ _ - _ ~ _ - _ _ _ _ _ _ _ _ ~ _ _ _ _ - - - ... the level of service, ^It costs up to $1.50 to issue a license. If they layed it out at a break even point it would be 6,000 licensing and anything over and above they would split with the county. It allows them to look at the things they cannot do with a better program. He did not feel the subregional concept made Bence economically. He felt a decision had to be made. BOARD CONSIDERATION ITEMS CONTINUE TO MAY 11, 1982 The following Board Consideration items were continued to May 11, 1982: COMMUNICATIONS Brian L. Rix, judge. The Judge writes in opposition to proposals to reorganize the lower court system in Butte County to a single municipal court district. Information; no action taken. SB 1958. Mariposa and Merced Counties offer resolutions in support of SB 1958 which allows Boards of Supervisors `at any regular meeting to appropriate unbedgeted revenues by 4/5 vote. See motion following communications. Utility rate limitation initiative. The Lassen County Soard of Supervisors offers a resolution in support of the utility rate limitation initiative. To be held for further information. Supervisor Dolan has an alternative to the rate increase. 81f 815 Communications on Butte County Fire budget considerations. Several communications have been received indicating support for maximum funding for the Butte County Fire Department. Information; no action taken. U. 5. Department of Housing and Urban Development. Elizabeth Tapscott, program manager, forwards approval of a transfer of $17,566 to the street improvement account in the Community Development Block Grant Program. Information; no action taken. David W. Lands, Chico. Mr. Lands writes criticizing the Board's land development policies. Information; no action taken. IN SUPPORT OF SB 1958 TO APPROPRIATE UNBUDGET REVENUES BY 4/5 VOTE - LETTER TO BE SENT TO COMMITTEE MEMBERS On motion of Supervisor Dolan, secanded by Supervisor Fulton and unanimously carried, went on record in support of SB 1958 which allows Boards of Supervisors at any regular meeting to appropriate unbudgeted revenues by a 4/5 vote; with letters to be sent to committee members. APPROVE REQUEST BY PARADISE FIRE DEPARTMENT TO HOLD PRACTICE DRILLS AT OLD DUMP STTE On motion. of Supervisor Fulton, seconded by Supervisor Dolan and unanimously carried, the request of the Paradise Fire Department to hold practice drills at the old dump site was authorized; with nearby residents to be notified of the activities. RECESS: 2:45 p.m. RECONVENE: 3:01 p.m. Page 48b. May 4, 1982 !- 82- 820 '~ '' May 4, 1982 DESIGNATE INTERIM ADMINISTRATIVE OFFICER TO OPEN GREENLINE HEARING SCHEDULED FOR WEDNESDAY, MAY 5,-1982 AND_CONTTNUE THE MATTER TO THURSDAY, MAY 27 ,. 1982 Chairman Wheeler stated she had discussed the scheduled hearing far the Chico area land use plan (greenline) - General Plan amendment with the Planning Director. The impact report is in the Clearinghouse and will not be back until May 14th or 15th. She questioned if they should continue the hearing to June 2nd. Supervisor Dolan stated he had just read the memo from the Planning staff regarding this issue. She knew the impact report would not be back until later in the month, she felt they should begin taking testimony. The draft impact report is available in the Planning Department office and county libraries. The Chico Health Department has copies. The hearing will be continued to Thursday, May 27, 1982 at 9:00 a.m. On motion of Supervisor Moseley, seconded by Supervisor Saraceni and carried, Mike Pyeatt, interim administrative officer, was designated to open the Chico area land use plan (greenline) General Plan amendment hearing scheduled for Wednesday, May 5, 1982 at 10:00 a.m. and continue the hearing to Thursday, May 27, 1982 at 9:00 a.m. AYES: Supervisors Fulton, Moseley, Saraceni and Chairman Wheeler NOES: Supervisor Dolan CLOSED SESSION: The Board recessed at 3:13 p.m, to hold a closed session on meet and confer. RECONVENE: The Board reconvened at 4:14 p.m. after holding a closed session on meet and confer. There were no announcements at this time. RECESS: 4:14 p.m. * * *-May°5; 1982 * * * * 821 Mike Pyeatt, interim administrative officer, called the meeting to order, due to lack of quorum of Board members with only Supervisor Dolan present. Meeting called to order at 10:01 a.m. PUBLIC HEARING: CHICO AREA LAND USE PLAN (GREENLINE) GENERAL PLAN AMENDMENT - CONTINUE TO MAY 27, 193.2 Mike Pyeatt, interim administrative officer, continued the public hearing until Thursday, May 27, 1982 at 9:00 a.m. AAJOURNMENT There being no further business before the oard at this time the meeting was adjourned at 10:02 a.m. ATTEST: ELEANOR M. BECKER, COUNTY CLERK- ~ RECORDER and ex-officio Clerk rman, Board of Supervisors of the tte Count Board of Super i Page 487. May 5, 1982 r'