HomeMy WebLinkAboutM052582l+~ay 25, 1482
OF CALIFORNIA )
SS.
OF BUTTE )
8 2'
a'
893
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present; Supervisors Dolan, Fulton, Moseley, Saraceni and Chairman Wheeler.
Mike Pyeatt, interim_administrative officer;.De1 Siemsen, county counsel, by
Jim Griffith, deputy county counsel; and Eleanor M.. Becker, county clerk, by
Cathy Pitts, assistant clerk to the Board.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Clay Castleberry
CLOSED SESSION: The Board recessed at 9:11 a.m. to hold a closed session
regarding litigation.
RECONVENE: The Board reconvened at 10:06 a.m. following a closed session
regarding litigation.
RECESS: 10:07 a.m.
RECONVENE: 10:12 a.m.
PUBLIC HEARING: BUDGET TRANSFER FOR OCJP CHILD SE}CUAL ABUSE PROGRAM
The public hearing on budget transfer for OC1TP Child Sexual Abuse
Program was held as advertised.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
894
On motion of Supervisor Dolan, seconded by Supervisor Fulton
and unanimously carried, budget transfer for OCJP Child Sexual Abuse Program
which appropriates unanticipated revenue (federal aid) to be appropriated
as follows: $7,038 to professional and specialized services and $100 to
allocated costs received, total, $7,138 was approved.
PUBLIC HEARING: RICHARD & MARGARET WRIGHT PETITION FOR VARIANCE TO SECTIONS
19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME
ON AP 39-12-001 OFF RIVER ROAD, CHI CO AREA ZONING: "A-10"
The public. hearing on Richard and M~.rgaret Wright petition for
variance to Sections 19--10 and/or 19-1Z of the Butte County Code for placement
of a mobile home on AP 39-12-001, off River Road, Chico area, zoning: "A-10"
was held as advertised.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
895
On motion of Supervisor Moseley, seconded by Supervisor Saraceni
and unanimously 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 39-12--001,
off River Road, Chico area, zoning: "A-10" for Richard and Margaret Wright
was approved for a period of one year.
PUBLIC HEARING: JEFFREY BRUN PETITION FOR VARIANCE TO SECTIONS 19-10 AND/OR
19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOB; ON AP 44-33-73,
BOX 654-K MORT LANE CHI CO AREA, ZONING: "A-2"
The public hearing on Jeffrey Brun petition for variance to
Sections 19-10 and/or 19-12 of the Butte County Code for placement of a
mobile home on•AP 44-33-78, Box 654-K Mort Lane, Chico area, zoning: "A-2"
was held as advertised.
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May 25, 1982
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May 25~ 1982 ____~~_________
.Hearing open to the public. ~apearing; No one.
Heax'ing closed .to the public and confined to the Board.
896
On motion of Supervisor Dolan, seconded by Supervisor Fulton
and unanimously carried, the petition for variance to Sections 19-10 and/or
I9-12 of the Butte County Code for placement of a mobile home on AP 44-33--78,
Box 654-K Mart Lane, Chico area, zoning: "A-2" for Jeffrey Brun was approved
for a period of one year.
ADOPT RESOLUTION 82-82: PUBLIC HEARING: RENAMING OF PRIVATE ROADS-
The public hearing on the renaming of private road, Roluty Lane
(Central House Road to end) to Mocking Bird Lane was held as advertised.
Clay Castleberry, public works director, set out the background
of the road name change. It is in order.
Hearing open to the public. Appearing: AIa one.
Hearing closed to the public and confined to the Board.
897
On motion of Supervisor Fulton, seconded by Supervisor Dolan
and unanimously carried, the renaming of Roluty Zane (Central House Road to
end) to Mocking Bird Zane was approved; Resolution 82-82 was adopted and
the Chairman authorized to sign.
APPROVAL OF MINUTES
On motion of Supervisor Dolan, seconded by Supervisor Saraceni
and unanimously carried, the minutes of May 11, 1982 were approved as
mailed.
The minutes of May 18, 1982 were continued to June 8, 1982.
898
899
900
ADDITIONAL ITEMS FROM BOARD MEMBERS TO BE ADDRESSED AT THE END OF THE DAY
Supervisor Moseley stated she had an item she would bring up later
in the meeting.
Supervisor Dolan would be discussing the scheduling for the
budget session that would be held on 1~7ay 27, 1982.
Chairman Wheeler advised she would be submitted letters into
the record and discussing voter registration.
AUTHORIZE APPEAL OF DECISION RELATIVE TO ATTORNEY FEES: REPORT ON CLOSED
SESSION HELD EARLIER IN THE MEETING
Chairman Wheeler reported that the Board had met on four items
during closed session. One item was concerning a personnel matter and
no action was taken. The Board authorized the settlement and dismissal
for the case of Donald H. Hines vs. County of Butte.
On motion of Supervisor Moseley, seconded by Supervisor Saraceni
and unanimously carried, appeal~of award ofattorney fees in the cases of
the Butte Cohnty Veterans Council vs. County of Butte and Archaeological
Society of California vs. County of Butte and Thomas White, Real Party in
Interest was authorized.
ADOPT RESOLUTION 82-83: APPROVE CONSENT AGENDA ITEMS
On motion of Supervisor Dolan, seconded by Supervisor Fulton
and unanimously carried, the following items were approved:
Page 24.
May 25, 1982
_ ~?ay 25 , 19.82
- 1. Approved-the following budget transfers:
8-209 =~ Welfare Administration. Transfers $16.3,750, within various
line items in the Welfare budget to cover cost increases due to changes in the
law and TRO issued by the courts, cost plan adjustments and data processing
costs for Master Index On Line System.
B-210 - Supplemental Manpower Program Administrative Cost Pool,
Title II B - Project 211. An extensive budget transfer to adjust the
appropriations to actual expenditures for CETA accounts for federal fiscal
vear 1981 and to show the balance as carryin to federal fiscal year 1982.
B-211 - Buildings and Grounds ISF. Transfers $6,493 from revenue
sharing - jail addition to Buildings and Grounds Maintenance ISF for the
purpose of installation of interior jail lighting per lighting standards
requirements of the Board of Corrections.
2. Approved/denied the following penalty abatement requests,
change of ownership reports:
a. Approved Zoltan Nagy penalty abatement request for
AP 050-39-0-015-0
b. Approved, Mr. and Mrs. Gregory Schmitt penalty abatement
request for AP 033-36-0-069-0
c. Approved Linda Mumford penalty abatement request for
AP 045-04-2-O12-0
d. Approved Mr. and Mrs. Mark V. Anders penalty abatement
request for AP 025-13-0-045-0
e. Approved Mr. and Mrs. Merle LaRue penalty abatement
request for AP 044-23-0-064-0
f. Approved Mr, and .Mrs. Brett W. DeWitt penalty abatement
xequest for AP 046-72--0-060-0
g. Approved George A. .zones penalty abatement request for
AP 012-03-4-003-0
h. Approved Ann E. Fisher et al penalty abatement request
for AP 044-07-1-010-0
i. Approved Paul T. Persons penalty abatement request for
AP 046-57-0-058-0
j. Approved Karen K. Pulley penaalty abatement request for
AP 036-73-0-016-0
k. Approved Paul and Ruth Wood penalty abatement request
for AP 035-26--0-044-0
1. Approved Mr. and Mrs. Rodney W. Peterson penalty abatement
request for AP 021-O1-0-016-0 and AP 021-01-0-017-0
m. Approved Harry and Delores Kassebaum penalty abatement
request for AP 046-75-0-033-0
n. Approved Mr. and Mrs. Eddie Bankston penalty abatement
request for AP 046-75-0-040-0
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May 25, 1982
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May- 25, 1982
o. Approved L. Curtis. Menches penalty abatement request
for AP 055-14-0-031-0
p. Approved xlr. and Mrs. James Stoll penalty abatement
request for AP 003--09-2-001-0
q. Denied Mr. and Mrs. Daryl G. Jessee penalty abatement
request for AP 045-60-0-020--0
r. Denied'Mr. and Mrs. 3onathan W. Smee penalty abatement
request for AP 008-06-0-017-0
3. Ordered the Auditor to distribute the excess proceeds from
the sale of the following property in accordance with Revenue and Taxation
Code 4675:
Name Amount AP Number
C. Trvin Franson $2,227.72 071-18-0-052-0
C. Irvin Franson 1,133.52 071-18-0-054-0
Norman P. Snyder 6,391,85 071-O1-0-062-0
Norris F. and Audra Shook 1,034.96 061-02-0-081-0
Norman and Bonnie Snyder 5,091.28 071-01-0-034-0
Charlene Hornick 5,091.27 071-O1-0-034-0
4. Approved 91~day extension of time for the contractor to
complete construction of the project due to project delays caused by
weather for Lakeridge Village Assessment District contract change order.
5. Approved Colboldt timber sale forest development road cooperative
agreement for the maintenance of a portion of Humboldt Road by the U.S. Forest
Service with no county funds being involved and the Director of Public Works
authorized to sign on behalf of the county.
6. Approved contract amendment No. 2 to agreement with Catalyst
Women's Advocates, Inc. extending the terms of the agreement for the Domestic
Violence Program to June 30, 1983 and the Chairman authorized to sign.
7. Adopted Resolution 82-83 setting a public hearing date of
June 22, 1982 at 10:15 a.m. for consideration of intention to rename the
following private roads in Butte County: Braun Lane (Drescher Tract to
Bohemia Avenue) to Stageline Road and Bourdan Lane (Rattlesnake Road to
end) to Deer Trail and the Chairman authorized to sign.
8. Approved relief from accountability in accordance with
Government Code Section 29390 and Board of Supervisors Resolution 75-177 for
the Gridley Justice Court in the amount of $20.
ADOPT ORDINANCE 2286: SALARY ORDINANCE ArffiNDMENT DELETTNG VETERANS' SERVICE
OFFICER ANB REPRESENTATIVE POSITION AND CREATING NEW VETERANS' SERVICE
OFFICER
Discussion of the proposed salary ordinance amendment deleting
Veterans' Service Officer and Representative position and creating new
Veterans' Service Officer position was held at this time. The job
description for the new positions requires that the position be filled
by a veteran.
It was moved by Supervisor Fulton, seconded by Supervisor Dolan
that the second reading of the salary ordinance amendment deleting the
existing Veterans' Service Officer and Representative positions and
creating a new Veterans' Service Officer position be waived; Ordinance 2286
be adopted and the Chairman authorized to sign.
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May 25, 1982
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82- Discussion o~ the requirement that the position be held by a
~I veteran held at this time.-
Nate on motion:
AXES: Supervisors Dolan, Fulton, Moseley, Saraceni and Chairman
', Wheeler
NOES: None
Motion carried.
' It was moved by Supervisor Moseley, seconded by Supervisor Saraceni
that the Personnel Director be instructed to strike the veteran requirement
for the position.
Vote on motion:
AYES: Supervisors Moseley and Saraceni
NOES: Supervisors Dolan, Fulton and Chairman Wheeler
Motion failed.
902 CONSIDERATION OF SALARY ORDINANCE AMENDMENT WHICH ELIMINATES THREE ELIGIBILITY
WORKER POSITIONS IN WELFARE DEPARTMENT HELD OVER AT THIS TTME
', Consideration of the salary ordinance amendment which eliminates
three eligibility worker positions in the Welfare Department was held at
this time.
Jim Rackerby, personnel director, set out the requirements
of the contract with the union relative to the filling of these positions.
', Rod Weyand, BCEA, spoke regarding the situation with the employees
in the department. He hoped the Board did not freeze th e positions.
Consideration of the salary ordinance. amendment was held until
later. The matter could be considered on May 27, 1982 or on June 8, 1982.
903 ADOPT RESOLUTION 82-84 CERTIFICATION OF CURRENT MAINTAINED MILEAGE OF COUNTY
ROADS WITHTN BUTTE COUNTY
On motion of Supervisor Saraceni, seconded by Supervisor Moseley
and unanimously carried, Resolution $2-84 certifying the current maintained
mileage of county roads within Butte County was adopted and the Chairman
authorized to sign. ~ .
904 REPORT TO THE BOARD ON THE PROPOSED AMENDMENT TO THE BUTTE COUNTY CODE
SECTION 24 TO PROVIDE FOR CONSIDERATION OF~CONDITZONAL ZONING
Bettye Kircher, planning director, reported to the Board on the
proposed amendment to the Butte County Code Section .24 that provides for
consideration of "conditional zoning." A copy of the Land Development
Commission's recommendation were also submitted for the Board's consideration.
There were some changes .ta the ordinaneeiz: the recommendation. The PTanning
Commission has not had an opportunity to review the recommendation.
The matter was referred back to the 'Planning Commission for
review and a report back to the Board.
905 DISCUSSION OF BUTCH RANDALL CONSIDERATION OF "INTERIM RT-1-A" ZONE FOR
PROPERTY IDENTIFIED AS AP 48-062--35
Discussion of an "Interim RT-1-A" zone for the Butch Randall
property identified as AP 48-062-35 was held at this time.
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May 25, 1982
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Chairman Wheeler was bxizzging the utter forward fpr the Board's
consideration, because the applicant was .unab.le to pay for the permit fee
required. The property is zoned "SR-1" at the present time and there are
many mobiles and single family residences in-the area. The request is for
the placement of a mobile home on the property until construction is completed
for a home.
It was moved by Supervisor [dheeler the "Interim RT-1--A" zone
for the Butch Randall property identified as AP 48-062-35 be approved for
a period of 120 days and that the Board seriously look at the area because
of the many nonconforming uses and that allowance of mobile homes be
considered in the area; that an ordinance be adapted and the Chairman
be authorized to sign.
Motion seconded by Supervisor Saraceni.
Jim Griffith, deputy county counsel, set out the requirements
of Government Code Section 65858 for the granting of an interim zone.The m
motion would have to reflect haw the use would be incompatible to the
zoning under study and also meet the other requirements of the section
dealing withiinterim zoning. He did not feel this situation would meet
the requirements for the interim zoning requirements.
Motion withdrawn.
'906
907
'908
The matter was continued to May 27, 1982 for Chairman Wheeler
to sit down and discuss it with Counsel as to the legal requirements for
granting the interim zoning request.
APPEARANCE: ORRIN STRATTON
Mr _Stratton_spoke regarding the proposed annexation by the City
of Chico encompassing the sphere of influence. This-would be a total disaster
for Supervisorial District No. 2 and would take out all the agricultural
uses left in the area. There would also be a tax loss for the county that
would be disast_erous. He asked that figures of the cost of the annexation
be provided to the citizens.
Mr. Stratton was advised that when the city had developed a firm
proposal relative to the annexation,. the Board would be given an opportunity
to respond and comment. The county is in negotiations with the city on this
matter at the present time.
APPEARANCE: EVERETT L. FULLER
Mr. Fuller spone regarding the Gridley rezone that had been
considered by the Board. He felt the Board had been subjected to unfair
criticism on the rezoning issue. He spoke regarding the previous actions
of the Gridley City Council on zoning matters.
APPEARANCE: KELLY MEAGHER
Mr. Aieagher spoke regarding the Dan Hays rezone hearing in the
Pentz Road area. He related tkze history surrounding the General Plan
amendment far the development of the "M 1", zoning. There were concerns
about issues at that time and the public was assured that those issues
would be dealt with when the rezoning project was before the Board. He
found that the Board was now wanting to consider conditional zoning for
the property instead of the development agreement as discussed earlier.
He reminded the Board that they could require an EIR to deal with the
adverse impacts that could result. He hoped-that the public in the
future would be allowed to make comments regarding staff findings and not
be criticized for their concerns.
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May 25, 1982
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May 25, 1982
APPEARANCE; ALEX CAIZKADIA
Mr. Carkadia spoke regar--ding the week§ in back of his. property on
Feather Avenue in Olroville and the-fire danger they presented. He asked
if there was anything the-Board could do to alleviate the problems. He
set out how the situation was handled in southern California.
Director.
Mr. Carkadia to discuss this matter with the Public Works
APPEARANCE: ELLEN SANDERS
Ms. Sanders spoke regarding the Doe Mi11 Ridge area development.
She felt the developers should pay for EIRs for the area which would include
a fiscal plan. She asked that the Planning Department be allowed to
continue as they were requested last August.
APPEARANCE: CLAY CASTLESERRY, PUBLIC WORKS DIRECTOR
NTr. Castleberry asked for permission to hold a public informational
hearing at no cost to the county in the Sierra Del Oro area.for the purpose
of forming an assessment district.
PUBLIC HEARING DATE SET
Joe Bandy, agricultural commissioner, set out the proposal on
the Air .Pollution Control fees at this time.
Larry R~.nehart, member of Air Pollution Control task force,
set out the changes that were made,at``the last committee meeting.
Rick Booth, air pollution control, advised that they basically
agreed with the wording changes. He did not feel they could make the
changes in Section 4-3{d) as requested. The methods of determining
data is based on ARB and EPA requirements. He read some of the changes.
Don Heffren, member of Air Pollution Control task force, set
out his concerns relative to some of the requirements in the proposal.
Time was spent discussing what was required by the state and
federal governments. as far as certain wording is concerned.
A public hearing date of July 13, 1982 at 1:30 p.m, was set
for consideration of the proposed Air Pollution Control fees. The notice
of hearing to be supplied for publication is to be submitted to the
Board for approval prior to publication with a summary to be prepared
and a contact person listed.
RECESS: 12:00
RECONVENE: I:32 p.m.
PiIBLIC HEARING: DAN HAYS NEGATIVE DECLARATION AND REZONE FROM "A 2" (GENERAL)
AND "A-40" (AGRICULTURAL - 40 ACRE PARCELS) TO "M-1" (LIGHT INDUSTRIAL},
PROPERTY LOCATED ON BOTH SIDES 6F STATE HIGHWAY 99 AT THE DURHAM-OROVILLE
HIGHWAY PENTZ ROAD INTERCHANGE, IDENTIFIED AS AP 40.-12-22, 23 & 24, SOi7TH-
EAST OF CHICO
The closed public hearing on Dan Hays proposed negative declaration
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.
Steve Streeter, planning department, set out how the ordinance
for conditional zoning would be applicable to this project.
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May 25, 1982
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_ Chairman Wheeler advised that the applicant is-interested in the
conditional zoning and had presented:a petition on the zaatter.
Supervisor Dolan felt that if this were eo come forward as a
conditional zoning that it would be a whole new application.
Earl Nelson, planning consultant,. advised there were two issues
to be considered. One. of the issues is abroad general; issue dealing
with conditional zoning and the other is for-this project, which has been
totally reviewed by the Planning Commission, and referred to the Board. The
Board took no action at the time of referral to them., His intent was to
provide clarification of the procedure.. He did not feel this.needed an
advertised public hearing. The county is looking for ways to solve the.
mitigation measures.
Chairman Wheeler advised that the conditional zoning submitted
by the applicant deals with drainage, aesthetics and the fire requirements.
Supervisor Moseley felt the county already had ways to address
these matters.
Supervisor Saraceni did not feel that the county had required an
EIR for all prior General Plan changes. These matters are taken care of
at different stages. by the county already. He did not feel the county should
hold the project up for conditional zoning.-
Supervisor Fulton felt that the county should be concerned with
guaranteeing certain environmental things do not happen. The Planning
Department originally recommended an EIR and the developer agreed to a
development agreement and a negative declaration. Now the developer does
not want a development agreement, but instead is considering conditional
zoning.
Mr. Streeter set out the differences for the project between
conditional zoning and a development agreement.
Chairman Wheeler felt that if conditional zoning was going to be
used for this project, it should go back to the Planning Commission.
Supervisor Moseley was concerned that tYee project had been going
on and on and it was time to do something with the project.
Supervisor Dolan reviewed why the project went on and on. Last
-.July there. were three different meetings on the appeal of the EIR. There
was a change of use on the freeway interchange in that the county is trying
to put pressure on Caltrans to improvement it because it i s not good
enough for the current traffic. The adjoining owner is concerned about
the drainage ditch receiving uxban drainage. There is no procedure for
screening and landscaping of what exists. The Board issued a negative
declaration and a development agreement or conditional zoning would be
considered. The General Plan change was then done. It is not the fault
of the county the project is taking so long because they do not have a
development agreement.
Supervisor Moseley felt that any groject in the county could be
stopped by-raising the issue of cumulative effects. People axe also concerned
about employment and finding places for people to work. These development
agreements and conditional zoning makes it harder for people to get things
done with their land and hire people.
Page 30.
May 25, 1982
=====i===== May 25, 1982 ___________________
82" Chairman F?heeler read the;Kiplinger Letter. of May, 1982 relative
'~ ' to housing in California. Tt speaks to the fact that where it once took
4 to 6 months it now takes from 24 to 36 months to complete a project. She
wondered if the Board could establish a specific conditional zoning for
', that particular area.
Jim Griffith, deputy county counsel, set out the opinion of Del
5iemsen, ceunty counsel, on this matter. The matter would have to go to
the State Clearinghouse before the Board could take action and the conditional
zoning has to be in effect before the Board can take action., The Board earlier
referred the matter of conditional zoning to the Planning Commission.
Mr. Streeter advised that Caltrans was interested in this project
because of the drainage-under Highway 99 and the traffic impact to the
'; highway. Even an EIR would not have helped. They now have development
', agreements and looking toward conditional zoning as tools to help in these
situations.
Supervisor Saraceni did not feel that development would be allowed
at the present time until Caltrans Approved it. The county is just increasing
the cost of the development. The zone being requested is more restrictive
than the current zoning. If the access is not from the state highway, it is
even easier for the county to make the decision.
Mr. Griffith advised that if the Board took action on this at this
time, they might not be doing the applicant any favor. There are two things
that must happen before action can be taken by sending this to the clearing-
house and the conditional zoning must be in effect.
Supervisor Dolan felt they:.wouid be in ethical jeopardy if they
did not go with a development agreement because they-had waived the EIR
and asked that a development agreement come forward.
Chairman Wheeler suggested that this be referred back to the
', Planning staff for conditional zoning and continuing the hearing. if additional
hearings are required, then they would be held.
914 WAIVE FIRST READING OF ORDINANCE AMENDING BUTTE COUNTY CODE SECTION 24 TO
PROVIDE FOR CONSIDERATION OF "CONBITTONAL ZONING"
On motion of Supervisor.Moseley, seconded by Supervisor Saraceni
and unanimously carried, the first reading of the ordinance amending Butte.
County Code Section 24 to provide for consideration of "conditional zoning"
as presented by staff was waived.
RECESS: 2:26 p.m.
RECONVENE: 2:36 p.m.
915 CONSTDERATION OF DRAINAGE MAINTENANCE AGREEMENT WITH CITY OF OROVILLE WITHIN
RUDDY CREEK DRAINAGE BASIN TAKED OFF AGENDA
Consideration of a drainage maintenance agreement with-the City
of Oroville for drainage facilities within the Ruddy Creek drainage basin
was taken off the agenda at the request of County Counsel.
916 ADOPT RESOLUTTON 82-85 ADOPTING DRAINAGE FEES FOR THERMALITO AREA
Clay Castleberry, public works director,-set out the background
of the proposed resolution for drainage-fees .for the Thermalito area. This
does not cover the cost of maintenance only the cost of capital facilities.
If the Board wanted maintenance included the fees would have to be raised.
These fees are not appropriate for maintenance costs.
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Charles Allen; chairman of the TID Board, had no objections to
the drainage fees. Once they have a public committee formed for. consideration
of the maintenance, the might be alile to come .up with something.
On motion of Supervisor Moseley, seconded by Supervisor Saraceni
and unanimously-carried, Resolution 82-85 adopting drainage fees for the
Thermalito area was adopted and the Chairman authorized to sign.
APPOINTMENT TO COMMUNITY ACTION BOARD, DISTRICT 1, CONTINUED TO JUNE 8, 1982
Appointment to the Community Action Board, District 1, was continued
to June 8, 1982.
APPOINTMENT TO THE BUTTE COUNTY EMERGENCY MEDICAL SERVICES COMMITTEE
On -motion of Supervisor Saraceni, seconded by Supervisor Moseley
and unanimously carried, Dr. Dale Vorbrich was appointed to the Butte County
Emerzencv MEdical Services Committee.
ORT BY SUPERVISOR DOLAN CONCERNING RESEARCH OF AB 90 APPLICATION FOR FUNDS
TINUED TO JUNE 8, 1982
Report by Supervisor Dolan concerning ,esearch of AB 90 application
funds was continued to June 8, 1982,
BUTTE COUNTX CITI~
Consideration of a Butte County Citizens Water Advisory Committee
taken off the agenda at this time to be placed back on the agenda by
rman Wheeler.
921 (ADOPT RESOLUTION 82-86 IN SUPPORT OF 5% SOLUTION: REPORT ON CSAC RALLY
Discussion of the recent CSAC Rally held at the State Capitol was
held at this time. The Board members reported on what had taken place during
the rally.
On motion of Supervisor Fulton, seconded by Supervisor Saraceni
and unanimously carried, Resolution 82-86 in support of the 5% solution
that calls for a 5% increase in county discretionary revenues was adopted
and the Chairman authorized to sign.
922 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Moseley advised that there is a vacancy on the Gridley
Memorial Hall Committee with Art Schell not wanting to serve and Ray Roberts
asking for appointment.
The matter to be listed back on the agenda.
923 ACCEPT ALMQUTST DRIVE INTO COUNTY'S'MAINTAINED ROAD SYSTEM INTENT
*** Bernie Richter spoke regarding their request that Almquist
Drive be accepted into the county's maintained road system.
On motion of Supervisor Saraceni, seconded by Supervisor Moseley
and unanimously carried, it was the intent of the Board to accept Almquist
Drive (AP 36-06--67} into the county`s maintained road system upon deeding
', to the county, posting of a bond or doing of the road work.
924 MOTION TO WAIVE SECOND READING AND'ADOPT ORDINANCE FOR ANII~T~AL CONTROL FEES
FAILED
', Consideration of the ordinance amending~Section 4.4 and 4.11 of
the Butte, County Code amending various fee §chedules with regard to the
animal control program was held at this time.
Supervisor.Moseley had problems with the fee increase. She was
concerned about charging the small businesses in order to subsidize the
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May 25, 1982
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the operation. She itas not opposed to the penalty fee as it would make
people amore responssble for their animals.
It was moved by Supervisor Dolan, seconded by Supervisor Moseley
that the :first reading of the ,ordinance amending Sections 4.4 and 4.11 of
the Sutte County Code amending various-fee schedules with- regard to the
animal. control program be waived excluding the kennel fee of $20 and leaving
that fee at $10 per year.
Motion withdrawn.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the second reading of the ordinance amending
Sections 4.4 and 4.11 of the Butte County Code amending various fee
schedules with regard to the animal control program was waived.
It was moved by Supervisor Dolan, seconded by Supervisor Saraceni
that the ordinance amending Sections 4.4 and 4.11 of the Butte County Code
amending various fee schedules with regard to the animal control program
be adopted and the Chairman be authorized to sign. '
Discussion of the proposed ordinance held at this time.
SUPERVISOR FULTON ABSENT AT THIS TIME.
Vote on motion:
AYES: Supervisors Dolan and Saraceni
NOES: Supervisors Moseley and Chairman Wheeler
ABSENT: Supervisor Fulton
Motion fails.
925
92b
RECESS: 3:15 p.m.
RECONVENE: 3:25 p.m.
SUPERVISOR FULTON PRESENT AT THIS TIME
Chairman Wheeler ruled the proposal for amending Section 4.4 and
4.11 of the Butte County Code amending various fee schedules with regard to
the animal control program out of order.
It was moved by Supervisor Fulton that the Board cancel the
contract for current animal control services.
Motion withdrawn. No action to be taken in the future on this
matter. ~ '
CONSIDERATION OF WATVING SECOND READING OF SALARY ORDINANCE AMENDMENT FOR
INCREASED COMPENSATION FOR MEMBERS OF LAW ENFORCEMENT UNIT CONTINUED TO
MAY 27, 1982 '
Consideration of. waiving the second reading and adoption of a
salary ordinance amendment that would increase the compensation for members
of the Law Enforcement .Unit by 7% pursuant to the MOU with the union was
continued to May 27, 1982.
AUTHORIZE USE OF GENERAL FUNDS TO ASSIST TN PROGRAM CASH FLOW FOR CAA COMMUNITY
FOOD AND NUTRITION PROGRAM GRANT WITH SOLANO ECONOMIC OPPORTUNITY COUNCIL
On motion of Supervisor,Saraceni, seconded by Supervisor Moseley
and unanimously carried, the use of general funds to assist, in program cash
flow which will be reimbursed with funds from the Solano Economic Opportunity
Page 33.
May 25, 1982
M~ 25, 1282 ____________________
82' Council from the grant award for a Co~nunity~Food-and Nutrition Pxogram with
'8 ', the contract for $55,:373, with the grant program being a reibursement grant
which requires CAA to utilize othex funds and submit claims for cost reim-
bursement to the granting agency-was authorized.
927
928
929
Ron Graves and Associates. The engineers, on behalf of client Barbara Jaffuel,
request consideration of acceptance of Almquist Drive (AP 36-06-b7)
to be accepted into the county's maintained road system. Handled
earlier in the meeting. .
Archie Paterson, Chico.. Mr. and 'Mrs. Paterson appeal the Butte County
Planning Commission's conditional ,approval of a use permit and
variance permit on AP 39-18-31 for construction and operation of a
metal casting foundry. Set for hearing June 15, 1982 at 10:00 a.m.
Ron Graves and Associates. The engineers request placement of their project
on the Board of Supervisors' agenda for consideration of a mitigated
negative declaration and the Advisory Agency's denial of the project
per the General Plan. Set for hearing July 27; 1982 at 10:00 a.m.
Riegel and Associates, Inc. The engineers, on behalf of Marion Garbis, appeal
the denial of a project which is located between Chico and Forest
Ranch on Highway 32, AP 56-05-61, a four way pax:c~l split. Set
for hearing June 15, 1982 at 10:15 a.m.
Thad Wakeman, Oroville. Mr. Wakeman appeals tentative parcel map condition
(provide 60-foot right-of-way) on AP 30-10-2-06, 16th and Grand,
Thermalito. Set for hearing June 15, 1982 at 10:45 a. m.
Mardi Worley, mayor., City of Chico. The Mayor submits a letter expressing
concern about urban development surrounding cities and proposes a
joint meeting between cities to discuss means of controlling urban
growth. Referred to BCAG.
Chico Unified School District. Robert J. Jeffries, superintendent, proposes
the reactivation of an inter-agency committee to discuss common
concerns. Referred to Administrative Office to send letter.
Butte County Volunteer Chiefs' Association. The association submits a petition
requesting support of present staffing in county fire stations.
For budget consideration. Information; no action taken.
County Supervisors Association of California. CSAC provides information
on a special one time assessment to finance the renovation of a
building. To be considered on June 8, 1982.
Robert E. Boyden, Oroville. Mr. Boyden provides comments on the library
construction projects and the related litigation. Taken under
submission:
ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Saraceni submitted post cards regarding various budget
items to be considered.
AUTHORIZE LETTER ACKNOWLEDGING PARADISE JUNE A12TS MONTH AND NATIONAL
ORCHESTRA WEEK
On motion of Supervisor Fulton,, seconded by Supervisor Dolan
and unanimously carried, a letter acknowledging Pardis~e June Arts Month
and National Orchestra Week was authorized and the Chairman authorized to
sign. Page 34.
May 25, 1982
B2' 930
3'
931
932
May 25, 1982 _-______
ADDITIONAL MATTERS 'RESENTED BY:BQARD SIEMBEFS.
Supervisor Dolan was-conce.r~.ed about the budget session agenda.
Schedule for budget session on May 27, 1982 to be Law Enforcement,
Fire Department, Public Wo-rks and Welfare Departments. The meeting will
begin at'1,30 p.m.
PUBLIC HEARING DATE SET.
A public hearing, date of June 15, 1982. at 11:15 a.m. was set for
consideration of Harry Koenig appeal of condition 11 and 17 on tentative
parcel map, AP 63-12-04 (portion), dividing 21.7 acres to create 4 parcels,
one at 6.6 acres and 3 at more or less, 5 acres located on the southwest
corner of A. J. 5tohr Road and Forest Ranch Road, Forest, Ranch area.
A public hearing date of June 15, 1982 at 11:30 a.m. was set for
consideration of Pat Gates appeal of condition 15 and 16 on tentative parcel
map, AP 63--12-12, dividing 23 acres, more or less, to create 4 parcels, two
at 6.5 acres and two at 5 acres more or less, on the northwest corner of
A. J. Stohr Road and Forest Ranch Road, Forest Ranch area.
ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Chairman Wheeler submitted information on the suggestion of Lew Hubb
of Paradise for the secretary of tfie Butte County Fish and Game Commission.
Information on possible appointments to be submitted to Administrative Office.
Chairman Wheeler advised she had received letters from individuals
in Durham asking for a reply to the taped meeting of the Board as to the
correct standing of the vote on the Library regarding Resolution 81-170.
The matter was referred to the Administrative Office.
Chairman Wheeler stated she planed to do some research regarding
absentee ballots and voter registration after the election. She was concerned
about absentee ballots going from this county and whether the person was
allowed to vote in the county the ballots were being sent to.
Mike Pyeatt, interim administrative officer, set out the information
the Board would be receiving for the budget hearings.
RECESS: The Board recessed at 4:04 p.m. to reconvene on Thursday, May 27,
1982 at 9:00 a.m.
Page 35.
May 25, 1982